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HomeMy WebLinkAbout104-83 RESOLUTIONRESOLUTION NO. 104-83 i _ A RESOLUTION AUTHORIZING"THE MAYOR AND CITY CLERK TO EXECUTE A.CONTRACT FOR ENGINEERING SERVICES WITH NORTHWEST ENGINEERS, INC. FOR THE DESIGN OF STREET IMPROVEMENTS.TO LYTTON, BI:AIR,AND MASHBURN AVENUES. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF. THE CITY OF FAYETTEVILLE, ARKANSAS. That the Mayor and City Clerk _are hereby+authorized and directedto execute a contract with Northwest Engineers., Inc. for the deisgn of street improvements to Lytton, Blair and Mashburn Avenues.. A^copy of the contract authorized for execution hereby is attached hereto, marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this. 6th 1983. ,t_, b • id4f .. .110 . rAtArintS di .y 1 erk day- of September APPROVED: HUD PROJECT NO. ST -83M702 AGREEMENT FOR ENGINEERING SERVICES FOR RIGHT OF WAY MONUMENTATION AND STREET IMPROVEMENTS THIS AGREEMENT, made and entered into this 19 day of September 1983, by and.between the City of Fayetteville, hereinafter referred to as the "Owner", and Northwest Engineers, Inc., Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "Engineers WITNESSETH THAT: WHEREAS, The Owner desires to make specific improvements within the City of Fayetteville requiring the services of an Engineer; 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 covenants and agreements herein contained, the Owner and Engineer, the parties hereto, stipulate and agree that the Owner does hereby employ the Engineer to perform the required engineering services as hereinafter set out; and the Engineer agrees to provide said services for the compensation as hereinafter set out. Section 1. Description of Project The project for which engineering services are to be provided is generally described as follows: A. Survey and monument the right-of-way for Lytton, Blair and Mashburn Streets (from ihmtsville Rd. to end of Streets). B. Provide Design Services for paving Lytton, Blair,and Mashburn Streets, with curb and gutter, strom drainage and sidewalk on one side. C. Provide construction management for paving, curb and gutter, storm drainage and sidewalk on Lytton, Blair, and Mashburn Streets: Section 2. Scope of Engineering Services The Engineer shall provide a suitable staff to perform the basic engineering and surveying services more specifically defined as follows: A. Survey and Monument Street Right -of -Ways. The work to be done under this item shall consist of the following: 1. Perform necessary field surveys and office research needed to establish. the right-of-way boundary for Lytton, Mashburn & Blair Street: 2. Set iron pin monuments at all points of change in direction of the boundary. 3. Prepare a plat of the. boundary showing any apparent encroachments. All of the above described work shall be completed in fourteen (14) days from the date of Notice to Proceed. Compensation for all of the above described work shall be a lump sum fee of $2,500.00as set out in Section 3. B. Prepare Preliminary Engineering Report and Detail Design. The work to be done under this item shall consist of the following: Perform detailed field surveys of the various sites to establish data necessary for the preparation of. preliminary plans. The field survey shall include: The location of all existing utilities as best can be determined without excavation, through co-ordination with the various utility companies. b. Draw cross-sections of the projects on 50 -foot stations and additional sections as needed for design. c. Establish a base line for each project and reference the base line such that it can be re-established at a later date. Prepare copies of all reduced field survey notes and reproducibles (mylar or sepia) of the cross-sections and plans of the existing features as determined by the field surveys and deliver to the Owner. Prepare one copy of "red -lined" drawings on blueprints completed under item ."d" above showing the design which would meet the requirements for the requested services as outlined in Section 1 of this Agreement. f. Prepare.a construction cost estimate for each individual project. g. • Advise and consult with the Owner.as to soils investigations that might be. required. h. Meet with the Owner and their agents to present the information and assist in deciding which project to proceed with detailed engineering. i. Prepare detailed plans, specifications, and bid documents of those projects selected by the Owner. Assist the Owner in advertising for and receiving bids for construction of the selected project. • All of tiic work described under Section 2D of, this Agreement shall he completed within six (6),weeks from the date of the Notice to,Proceed. • Upon completion of the work as outlined in Section 2Ba through 2Bh the Engineer shall be paid eighty (80) percent of the fixed fee for design as set out ih section 3. Upon the receipt of bids for the projects, the Eng- ineer shall be paid the remainder of the fixed design fee. Any changes or alternate designs made at the request of the Owner will be made at the hourly rates quoted herein and shall be considered extra work and notsubject to the fixed fee. C. Construction Phase. The work to be performed under this item shall be as follows: 1. 'Provide for construction observation as necessary to insure compli- iance with the plans and'specifications. 2. Provide for periodic visits to the job sites by a professional eng- ineer to observe the overall progress and quality of the executed work. 3. Provide a.survey crew to lay out the project for construction. 4. Assign a project engineer to manage and coordinate the construction activities 5. Provide other personnel as needed to assist the project engineer in the various activities that may be required. 6. Prepare monthly partial payment estimates and a final estimate to the contractor, including the assembly of written guarantees which are required by the contract documents. 7. Provide for final inspection of the project in company of represent- atives of the Owner, the project engineer, a representative of the contractor and any other party assigned by the Owner. Payment for the work described in Section 2C shall be made on an hourly basis as further described in Section 3 of this Agreement. Section 3. Compensation Compensation for the various types of services to be provided under this con- tract shall be made as follows: A. Survey and Monument.Rigbt=of-Way. Compensation for right-of-way survey and monumentation shall be a lump sum fee of $2,500,00. This fee includes full compensation for every item of work described in Section 2A of this Agreement, payable upon completion of the work. B. Prepare Preliminary Engineering Report and Detail Design. Compensation for design engineering services shall be a fixed fee of $9,854,36. This fee includes full compensation for every item of work described in Section 2B. Eighty (80) percent of this fee shall be payable upon accept- ance of the "red -lined" design of the projects with the remaining twenty Construction Phase Compensation for the construction phase of the projects shall be based on the actual hours of the various classifications of employees that may be necessary to perform the work. The total fee shall not exceed $2,440.00 so long as the total construction time for the project does not exceed 180 working days from the date of Notice to Proceed to the construction contractor. If the total construction time exceeds 180 working days, then the Engineer shall be compensated for the additional time a construction inspector is required to be on the project. Payment to the Engineer shall be made monthly on this hourly basis. The rates to be charged for the various classifications of personnel are set out below: Engineer Engineering Tech. (Inspector). Survey Party Chief Instrumentman Chainman Draftsman $31.00/hr $20.00/hr $16.75/hr $12.35/hr $10.45/hr $15.75/hr Secretary. . . . . . . . . $ 9 Section 4. General Considerations A. Termination of Contract for Cause .50/hr 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 this contract, 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 termination. In such event, all finish 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 completed 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 untilsuch time as the exact amount of damages due the Owner from the Engineer is determined. B. Termination for Convenience of Owner The Owner may terminate this contract Owner to the Engineer. If the contract is herein, the Engineer will receive just and C. Changes any time by a notice in writing from the terminated by the Owner as provided equitable compensation under this contrac 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 between the Owner and the -Engineer, shall be incorporated in further written amendments to this contract. D. Personnel 1. The Engineer represents that he has, orwill 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 Owner. 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 pri- vate property in performing any of the work embraced by this contract. F. Assignability The Engineer shall fer any interest in the written approval of the become due the Engineer bank, trust company, or without such approval. promptly to the Owner. not assign any interest in this contract and shall not trans: same (whether by assignment or novation) without the prior Owner; provided, however, that claims for money due or to from the Owner under this contract may be assigned to a other financial institution, or to a trustee in bankruptcy, Notice of any such assignment or transfer shall be furnished G. Access to Records The Owner, the U. S. Department of Housing and Urban Development, the Compt- roller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records.of the Engineer doing work under this contract which are directly pertinent to a specific grant program for the purpose of making audit, examination, excerpts, and transcriptions. 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 cost 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 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, exec- utors, 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, religio sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruit- ment advertising; layoff or termination; ratesof 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 without 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 connection with the carrying out of the project to which this contract pertains shall have any personal interest, direct or indirect, in this contract. Interest of Certain Federal Officials No member of or 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. Interest 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 preformance of his services hereunder. The Engineer further covenants that in th 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 decisions within a reasonable time so as not to delay ther work of the Engineer. B. Make provision for the employees of the Engineer to enter public and pri- vate lands as required for the Engineer to perform necessary preliminary surveys and investigations. C. Obtain the necessary lands, easements and rights-of-way for the construct- ion of the work. D. Furnish the Engineer such plans and records of construction and operation of existing facilities, or copies of same, bearing on the proposed work as may be in the possession of the Owner. Such documents or data will be returned to the Owner upon completion of the work or upon the request of the Owner. E. Pay the cost of making necessary soundings, borings, analyses of materials and laboratory work exclusive of the Engineer's supervision thereof. 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 agreement without the prior written consent of the other party hereto. 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 haveset their hands and seals on the date heretofore set out. ATTEST: .: Ha.r.c15,;-Vice President CITY OF FFAAYETTEVILLE, ARKANSAS 0)at Paul_ Noland, Mayor NORTHWEST ENGINEERS, INC. Harry G. /tray, President