Loading...
HomeMy WebLinkAbout57-82 RESOLUTION• • • • RESOLUTION NO. 5-7— a • • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO"EXECUTE A CONTRACT WITH NORTHWEST ENGINEERS, INC. FOR AN ENGINEERING DRAINAGE STUDY OF THE WEDDINGTON DRIVE AREA. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Northwest Engineers, Inc. for an engineering drainage study of:the Weddington Drive area. 1982. PASSED AND APPROVED this cA9 day of ATTEST"I ITY M CLERK',: _ • afrui APPROVED: 174, MAYOR • • PROJECT NO, DS-S'IOc? AGREEMENT FOR ENGINEERING SERVICES FOR STORM DRAINAGE STUDY • • • CHIS AGREEMENT, made and entered into this 4/ �t day of , 1982, by and between the City of Fayette- ville, Arkansas, hereinafter referred to as the "Owner", and Northwest Engineers, Inc., Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "Engineer." WITNESSETH THAT - WHEREAS, the Owner desires to have a storm drainage study made of a certain area within the City of Fayetteville; and WHEREAS; the Engineer has sufficient experienced personnel and equipment to perform the work described in this Agreement; NOW THEREFORE, in consideration of the mutual covenant and agreements herein contained, the Owner and the Engineer, the parties hereto, stipulate and agree that the Owner does hereby employ the Engineer to perform the required engineering services as herein- after set out; and the Engineer agrees to provide said services. Section 1".Descript'ion 'o'f Project The project for which engineering services are to be provided is generally described as follows: Provide a storm drainage study of an area within the City of Fayetteville bounded by the U.S. Highway 71 By-pass on the West, Deane Street on the North, Garland Avenue on the East, and Haskell Road on the South. Section 2'." 'Scope 'of Engineering 'Se'rVices The Engineer shall provide a suitable staff to perform basic engineering consulting services more specifically defined as follows: A. Perform required storm water run-off calculations within the drainage basin. B. Perform field surveys and analyze existing storm drainage structures and channels within the basin with emphasis on known drainage problem areas and potential drainage problem areas. C. Prepare maps and drawings of the drainage basin indicat- ing existing storm drainage•structures, channels, and • • • • • • • easements and recommended new drainage structures and channelization with needed drainage easement widths and locations. D. Provide cost estimates of the work needed to be performed to provide proper drainage. The legal descriptions for additional drainage easements and the estimated cost of obtaining these easements will not bea part of this study. Section 3. Compensation Compensation for engineering services for the storm drainage study shall be a lump sum fee amount of $7,900.00. This fee includes full compensation for every item of work as described in Section 2. Full payment to the Engineer shall be made upon sub- mittal of the drainage study report to the Owner. Section 4::: General' Considerations A. Termination of Contract for Cause If, through any cause, the Engineer shall'fail.to fulfill in timely and proper manner his obligations under this contract, or if the Engineer shall violate any of the covenants, agreements, or stipulations of thiscontract,'the .Owner shall thereupon have the right to terminate this contract by giving written notice to the Engineer of such termination and specifying the effective date thereof, at least five days before the effective date of such ter- mination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Engineer under this contract shall, at the option of the Owner become its property, and the Engineer shall be entitled to receive just and equitable compensation under this contract for any satisfactory work com- pleted on such documents. Notwithstanding the above, the Engineer shall not be relieved of liability to the Owner for damages sustained by the Owner by virtue of any breach of the contract by the Engineer, and the Owner may withhold any payments to the Engineer for the purpose of setoff until such time as the exact amount of damages due the Owner from the Engineer is determined. B. Termination for Convenience of Owner The Onwer may terminate this contract any time by a notice in writing from the Owner to the Engineer. If the contract is termi- nated by the Owner as provided herein, the Engineer will receive just and equitable compensation under this contract. C. Changes The Owner may, from time to time, request changes in the scope of the services of the Engineer to be performed hereunder. Such • changes, including any increase or decrease in the amount of the Engineer's compensation, which are mutually agreed upon by and be- tween the Owner and the Engineer, shall be incorporated in further written amendments to this contract. D . Personnel 1. The Engineer represents that he has, or will secure at his own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the Onwer. 2. All the services required hereunder will be performed by the Engineer or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. 3. No person who is serving sentence in a penal or correctional institution shall be employed on work under this contract. E . Compliance with Local Laws The Engineer shall comply with all applicable laws, ordinances, and codes of the state and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. F. Assignability The Engineer shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Owner; pro- vided, however, that claims for money due or to become due the Engineer from'the Owner'under this contract may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy „without such approval:' Notice of any such assignment or transfer shall be furnished promptly'to'the Owner. • 1 G .' Acc'e's's' to' Records The Owner, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, docu- ments, papers and records of the Engineer doing work under this con- tract whichare directly pertinent to a specific grant program for the purpose of making audit, examination, exerpts, and transcriptions. H . 'Estimates Since Engineer has no control over the cost of labor, materials or equipment, or over the methods of determining prices, or over competitive bidding or market conditions, the estimates of costs provided are to be made on the basis of Engineer's experience and • qualifications and represents his best judgment; being familiar with the industry, but Engineer cannot and does not guarantee that established costs will not vary from estimates prepared. I. Insurance Engineer shall secure and maintain such insurance as will protect him from claims under the Workmen's Compensation Acts and from claims for bodily injury, death or property damage which may arise from the performance of his services under this contract. J. Successors and Assigns Each party of this contract binds himself and his partners, successors, executors, administrators and assigns to the other party of this contract in respect to all covenants of this contract. Neither party shall assign, sublet or transfer his interest in this contract without the written consent of the other. Section 5. . Equal Opportunity Provisions During the performance of this contract, the Engineer agrees as follows: A. The Engineer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion„ sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termi- nation; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions for this non-discrimination clause. B. The Engineer will, in all solicitations or advertisements for employees placed by or on behalf of the Engineer, state that all qualified. applicants will receive consideration for employment with- out regard to race, color, religion, sex, or national origin. Section '6'. Conflict of Interest • A. "Interest of Owner No officer,'employee, or agent of.'the.Owner who exercises any functions or responsibilities in the review or approval or in con- nection with the carrying out of the project to which this contract pertains shall have any personal interest, direct or indirect, in this contract. • • B. Interest 'of Certain Federal Officials No member of of delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit to arise herefrom. C. "Inte'res't of Engineer The Engineer covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above described project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder.. The Engineer further covenants that in the performance of this contract, no person having any such interest shall be employed. Section 7. Other Provisions In connection with the project, the Owner shall: A. Give thorough consideration to all documents presented by the Engineer and inform the Engineer of all decusions within a reasonable time so as not to delay the work of the Engineer. B. Make provision for the employees of the Engineer to enter public and private lands as required for the Engineer to perform necessary preliminary surveys and investigations. Original documents, plans, design and survey notes represent the product and training; experience, and professional skill, and accordingly belong to and remain the property of the Engineer who produced them regardless of whether the instruments were copy- righted or whether the project for whichiwthey,were prepared is ex- ecuted. The Engineer shall furnish to Owner ten (10) copies of the report of the drainage study at his expense; and the Owner may, at his expense, retain reproducible copies of drawings and copies of other documents and, in consideration of which, it is mutually agreed that the Owner will use them solely in connection with the project, save with the express consent of the Engineer. .Reuse for new projects by the Onwer may -require permission of the Engineer and may entitle him to further compensation. This agreement shall be binding upon the parties hereto, their partners,heirs, successors, administrators and assigns; and neither party shall assign, sublet or transfer his interest in this agree- ment without the prior written consent of the other party hereto. 4 IN WITNESS WHEREOF, the Owner has caused these presents to be executed in its behalf by its duly authorized representatives, and the said Engineer by its duly authorized representatives, and the parties hereto have set their hands and seals on the date hereto- fore set out. i r hT �j� _, . ,so ATTEST:.- 4" TTEST:-u 0s.? sr 1..- Agibsk segt r : n r eirja itymC erk • ATTEST: CITY OF FAYETTEVILLE gabe.t Al,�y Harry G. Gray, Sec.-Treglsr. 4 Mayor NORTHWEST ENGINEERS, INC. Q) 4 F. Ervan Wimberly, President •