HomeMy WebLinkAbout91-83 RESOLUTION•
RESOLUTION_NQrt. 91-83
A`RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH MILLHOLLAND ENGINEERS AND
,- SURVEYORS FOR. THE DESIGN AND FOR CONSTRUCTION MANAGEMENT
'OF A SIDEWALK ALONG ELLIS-AVENUE.
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BE IT RESOLVED by the Board of Directors, City of
Fayetteville, Arkansas:
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. That the Mayor and City Clerk are hereby authorized and
directed' to execute a contract for engineering services with
Millholland Engineers and Surveyors for the design and
construction management of a sidewalk along Ellis Avenue. A
copy of the contract authorized for execution hereby is
attached hereto, marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 2nd day of August
1983.
By ila-e-CPvI
n
rATTES.V:-
pMayor� T >
AGREEMENT FOR ENGINEERING SERVICES
FOR
ELLIS AVENUE SIDEWALK CONSTRUCTION
THIS AGREEMENT, made and entered into this 2nd day of August ,
1983, by and between the City of Fayetteville, Arkansas, hereinafter referred
to as the "Owner;" and Milholland Company, Engineering and Surveying, Consul-
ting Engineer of Fayetteville, Arkansas, hereinafter referred to as the "Engineer,"
WITNESSETH THAT:
WHEREAS, the Owner desires to improve or construct a certain sidewalk
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 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 hereinafter set out; and the Engineer
agrees to provide said services.
Section 1.. Description of Project
The Project for which engineering services are to be provided is generally
described as follows:
Sidewalk - Ellis Avenue (Dunn to Hill)
This work shall consistof constructing a parallel sidewalk, curb
and gutter, storm drainage, drive ramps and any necessary crossings,
tile, drop inlets, french drains, excavation and hillside.
Section 2. Scope of Engineering Services
The Engineer shall provide a suitable staff to perform Land Surveying;
Basic Engineering Services; Construction Management, including necessary
resident inspection, and land surveys as directed. These various types of
work are more specifically defined as follows:
A. Land Surveying Services:
Work to be done under this item shall consist of the following:
1. Survey Project's street -right-of-ways and provide monument
markers at intersections of streets. Markers shall be anchored
type set at the intersection of street centerline.
2. Advise the Owner as to areas of the project where it appears
that construction activity will take place on private property
and, therefore, will require detailed land surveys and/or
preparation of plats for easement acquisition.
B. Basic Engineering Services:
Work to be done under this item shall consist of the following:
EXHIBIT R
1., Make field engineering survey of the various sites to establish
the data necessary for the preparation of plans and specifications
in order to build the contemplated improvements. The field
engineering surveys shall include the location of all existing
utilities as best can be located without excavation from the
street right-of-way lines.
2. Prepare a preliminary overall design and cost estimate and
review same with the Ownerprior to final design.
3. Prepare plans ans specifications for the proposed improvements.
The Plans shall show the location of the street right-of-way lines.
4. Meet with representatives of all involved utility companies
and governmental agencies to coordinate the overall project.
5. Prepare construction cost estimates.
6. Assist the Owner in the advertising for and receiving of con-
struction bids, including recommendations to the Owner regarding
award of construction contract.
7. Advise the Owner as to soils investigations that might be re-
quired and assist in the coordination of the surveys. The cost
of the soils investigations shall be borne by the Owner.
All of the above described work shall be completed in such time that
the Owner may receive construction bids on or about 75 days after the
Engineer receives a Notice to Proceed on the project.
Compensation to the Engineer for work to be done under this section
will be a lump sum amount as hereinafter set out in Section 3.
C. Construction Management:
Under this phase the Engineer will perform the following items of work:
1. Provide for periodic visits to the job site by a professional
engineer to observe the overall progress and quality of the
executed work.
2. Provide for resident inspection of the various job sites.
3. Provide a
excluding
4. Provide a
struction
survey crew to lay out the project for construction,
any necessary land and right-of-way surveys.
project engineer to manage and coordinate the con -
activities.
5. Provide other personnel such as secretaries, draftsmen, engineering
technicians, etc. , as may be needed to assist the project engineer
in the various activities that may be required.
6. Prepare monthly partial payment estimates and a final payment
estimate to the contractor, including the assembly of wirtten
guarantees which are required by the contract documents.
7. Provide for final inspection of the project in the company of
representatives of the Owner, the project engineer, a representative
of the contractor and any other party designated by the Owner.
for the above described work shall be made on an hourly basis as
defined in Section 3 of this contract.
Payment
further
D. Land Surveys:
Under Paragraph "A" of this section, it. is set out that the Engineer will
advise the Owner as to locations where, in the Engineer's judgment, land
surveys should be conducted for the purpose of establishing right-of-way
and/or preparation of tract plats needed for easement acquisition. After
the Engineer has fulfilled the above described responsibility,, the, Owner
may elect to'direct the Engineer to perform certain land surveys and
to prepare certain tract maps. As directed by the Owner, the Engineer
will perform the following work:
1. Provide the necessary land record research to determine the
apparent land owners, descriptions of the land owner's properties,
subdivision plats, and surveys or other data that may be required
in order to perform the land surveys needed.
2. Provide an experienced land survey crew to make the necessary
field surveys to establish the land lines that are needed.
3. Prepare tract maps and easement descriptions as may be required.
The work to be done under this section shall be done on an hourly basis
as set out in Section 3 of this Agreement.
Section 3. Compensation
Compensation for the various types of services to be provided under this
contract shall be made as follows:
A. Land Surveying Services:
Compensation for basic land surveying services shal be a lump sum
amount of $ 516.90. This fee includes full compensation for every
item of work as described in Section 2-A. The fee is based on an
estimate of the various classifications of work at the hourly
rates/ The hourly rates include direct labor costs plus allowances
for indirect labor costs, overhead and profit.
B. Basic Engineering Services:
Compensation for basic engineering services shall be a lump sum fee
amount of $ 3,476.50. This fee includes full compensation for every
item of work as described in Section 2-B. The fee is based on an
estimate of the various classifications of work at the hourly rates.
The hourly rates include direct labor costs plus allowances for indirect
labor costs, overhead and profit.
C. Construction Management:
Compensation for construction management 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 $3,255.00 so long
as the total construction time is 90 days or less from the date of
the Notice to Proceed to the construction contractor. If the total
construction time exceeds 90 days, then the Engineer shall be com-
pensated for the additional time a resident inspector is required to
be on the project.
The rates to be charged for the variousclassifications of personnel,
are set out below:
Professional Engineer
Engineering Aides
Secretary
Survey Crew
Resident Inspector
Draftsmen
Travel
$45 00 per
20 00 per
1100 per
40 50 per
15 00 per
11 00 per
00 25 per
The hourly rates shown above include total compensation
for all expenses for said services described in Section
hour.
hour.
hour.
hour.
hour.
hour.
mile.
to the Engineer
2-C above.
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D . Land Surveys for Easements: , ,
Compensation for land survyes and other work related thereto will be
based on the hours of work actually required. The rates to be charged
for the various classifications of personnel shall be identical to
those set out under Section 3-C above.
Only work as directed by the Owner shall be done
of the contarct. There is no estimate as to the
which might be required under this section since
termined after the work required under the basic
is essentally complete.
E . Method of Payment:
Partial payments to the Engineer shall be made as follows:
under this section
total amount of work
that can only be de -
engineering provision
1. Land Surveying Services:
Ninety-five percent (95%) upon completion of surveys.
Five percent (5%) upon installation of monument markers.
2. Basic Engineering Services:
Sixty percent (60%) upon completion of field engineering
and preliminary design.
Thirty=five percent (35%) upon completion of final plans
fications and submittal to the Owner.
Five percent (5%) after receipt of construction bids
commendation to the Owner concerning contract award.
3. Construction Management:
Payment to be made on a monthly basis during the construction phase
4. Land Surveys for Easements:
surveys
and speci-
and re -
Payment to be made upon completion of
'as directed by the Owner on a monthly
Section 4. General Considerations
A. Termination of Contract for Cause:
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the various items of work
basis.
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 (5) days before the effective date of such termin-
ation. 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 satis-
factory 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 until such time as the exact amount of
damages due the Owenr 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
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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 oftheEngineer 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 thathe 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 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 insti-
tution 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 oncany
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 G 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 fur the purpose of making audit,
examination, excerpts, 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 tube made
on the basis of Engineer's experience and qualifications and represent his
best judgment, being familiar with the industry, but Engineer cannot and 'does
not guarantee that established costs will not vary from estimates prepared.
1. 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, religiun, 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, demo-
tion, or transfer, recruitment or recruitment advertising; layoff ur training,
including apprenticeship. The Engineer agrees to post in conspicuous place,
available to employees and applicants for employment, notices to be provided
by the Contracting Officer setting forth the provisions of this non-discrimin-
ation 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 re 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.
B. - Interest of Ceftain Federal Officials
No member of or delegate to the Congress of the United States, and no
Resident Commissioner, shall be admitted CO any share or part of this contract
or to any benefit to arise herefrum.
C. Interest of Engineer
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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 alt decisions within a reasonable time so as not to
delay the work of the Engineer.
B. Make provision fur the employees of the Engineer to enter public
and private 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
construction of the work.
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O. - 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 necessury soundings, borings, analyses of
materials and laboratory work exclusive of the Engineer's supervision thereof.
F. Pay all plan review
with the project.
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 copyrighted or whether the project for which
they were prepared is executed.
The Engineer shall furnish the Owner two copies of "as -built" drawings
'of each phase of the project at his expense; and the Owner may, at his ex- .
pense, 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 Owner 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 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 have set
their hands and seals on the date heretofore set out.
costs and all cost of advertising in connection
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POO 5r INT
♦ WO.
Attest
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Attest:
City Clerk
5 c r. ‘rli. ?nobs€
Secretary
CITY OF FAYETTEVILLE, ARKANSAS
6)atet M r
MILHOLLAND COMPANY
727esnleMilholland, Owner