Loading...
HomeMy WebLinkAbout68-83 RESOLUTIONrow RESOLUTION NO. 61-273 r A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH NORTHWEST ENGINEERS, INC., NOT: TO EXCEED $1,500.00, FOR SOCCER AND SOFTBALL FIELD GRADING AT ASBELL SCHOOL. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: 1 That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Northwest Engineers, Inc., in an amount not to exceed $1,500.00, for soccer and softball field grading at Asbell School. A copy of the contract authorized for execution is attached hereto, marked Exhibit "A", and made a part hereof. PASSED AND APPROVED this /� day of By : &LE6/ Lir- City Clerk APPROVED: /22/7 , 1983. MAYOR P6a-tleY • • • • • AGREEMENT FOR ENGINEERING SERVICES FOR - SOCCER AND SOFTBALL FIELD GRADING AT ASBELL SCHOOL THIS AGREEMENT, made and entered into this I/779iday of May, 1983, by and between the City of Fayetteville, Arkansas, hereinafter referred to as the "Owner", and Northwest Engineers, Inc., Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "Engineer". WITNESS THAT: WHEREAS, the Owner desires to improve certain soccer and softball fields 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 covenants and agreements herein con- tained, 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. Section 1. Description of Project and Scope of Engineering Services The project for which services are to be provided is described as follows: A. Prepare a grading plan for existing softball and soccer fields around Asbell School providing for the shaping of the fields to provide a uniform playing sur- face while attaining a proper drainage for storm water run-off. Prepare a plan and cost estimate for the addition of water lines for the watering of the playing fields and make recommendations for the establishment of grass on the playing fields. B. Provide construction staking for the grading of the fields, construction of the drainage ditches, and construction of the water lines. C. Provide periodic construction observation to ensure that the planned grades are met by the contractor. Section 2. Compensation and Method of Payment Compensation for the services to be provided under this contract shall be made as follows: A. Compensation for the services to be provided as stated in paragraphsA of Section I shall be a -.lump sum fee of $700.00, with full payment to be made upon completion of the stated services. B. Compensation for the services to be provided as stated in paragraphs B and C of Section I shall be on an hourly basis with the total fee not to exceed $800.00. The hourly rates charged shall be established by multiplying the hourly rate paid each individual who provides services on the job by a factor of 2.5. Payment to be made monthly using the hourly rates as described. evUlUBT A Section 3. • General Considerations A. Termination of Contract for Cause If, through any cause, the Engineer shall fail to fulfill in timely and proper manner his obligation under this contract, or if the Engineer shall violate any of the covenants, agreements, or stipulations of this contract, that Owner shall there- upon 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 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 intitled to receive just and equitable compensation under this contract for any satisfactory work completed an 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 Owner may terminate this contract any time by a notice in writing from the Owner to the Engineer. If the contract is terminated 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 increases or de- crease in the amount �f the Engineer's compensation, which are mutually agreed upon by and between the Owner and the Engineer, shall °incorporated in further written amend- ments to this contract. D. Personnel 1. The Engineer represents that he has, or will secure at his own expense, all personnel required in preforming 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 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; provided, 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. G Access 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, 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, exerpts, and transcriptions. H. Estimates Since Engineer has nogcontrol 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'Judgement,=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 the contract binds himself and his partners, successors, executors, administrators and assigns to the other partyLdf,this contract in respect of 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 rate, color, religion, sex, or national origin. Such action shall include, but not limited to, the following:..empl•oyment, 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 con- sideration for employment without regard to race,ccolor, 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 responsi- bilities in the review or approval or in connection with the carrying out of the project to which the contract..pertains shall have any personal interest, direct or indirect, in this contract. B. 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. C. 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 performance of his services hereunder. The Engineer further covenants that in the per- formance 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 the work of the Engineer. B. Make provisions for the employees of the Engineer to enter public and private lands as required for the Engineer to perform necessary preliminary surveys and investi- gations. C. Obtain the necessary lands, easements,.and right-of-waysfor the construction '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. F. Pay all plan review costs and all cost of advertising in connection with the project. At completion of the work, the City shall own all of the documents prepared by the Engineer in the course of performing the study. This agreement shall be binding upon the parties hereto, their partners, heirs, successors, administrators and assigns, and neither party shall assign, sublet or trans- fer his interest in this agreement without the prior written consent of the otherjparty hereto... IN WITNESS WHEREOF, the owner has caused these presents to be executed in its behalf by its dualy authorized representatives, and the said Engineer by its duly authorized representatives, and the parties hereto have set their hands and seals on the date heretofore set out. e » jr • 4 ATTEST :.R„. ,a/1 ' City Clerk ATTEST: CITY OF FAYETT ILLE, ARKANSAS aul R. Noland, Mayor NORTHWEST ENGINEERS, INC. Presid t • • Oecr M e,�`/'ttl}tel }1P