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HomeMy WebLinkAbout61-85 RESOLUTIONal RESOLAIION NO. 61-85 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH MILHOLLAND COMPANY FOR AN ACCESS ROAD AND GRAVEL PARKING LOT AT OOMBS PARK. 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 an engineering services contract with Milholland Company for an access road and gravel parking lot at Combs Park A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 18th day of June FAYE'j N. •:. r ST)3ni _ i) 13 �% c APPROVED ByG�2:c.C/ Mayor 1985. ( MICROFILMED AGREEMENT FOR ENGINEERING SERVICES FOR COMBS PARK IMPROVEMENTS pHe 9410 THIS AGREEMENT, made and entered into this 18th day of June 1985, by and between the City of Fayetteville, Arkansas, hereinafter referred to as the "Owner," and Milholland Company, Engineering and Surveying, Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "Engineer," WITNESSETH THAT: WHEREAS, the Owner desires to improve or construct access .drives and a parking lot in Combs Park, 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: Commerce Drive: Extend and Design street in line with existing roadway, from end of asphalt to a point in line with Combs Park access road to North, with grading and 6" SB -2 base, 24 feet wide; Combs Park Access Road: Design street from Commerce Drive north to parking lot, grading and 6" SB -2 base, 24 feet wide with drainage las necessary; and Combs Park Parking Lot: Design parking lot for 15 to 20 spaces with grading and 6" SB -2 base with drainage. Section 2. Scope of Engineering Services The Engineer shall provide a suitable staff to perform Basic Engineering Services and Construction Management, including necessary residentinspection, and, as an extra item, land surveys as directed. A. Basic Engineering Services: Work to be done under this item shall consist of the following: [1] Make field engineering surveys 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 within street right-of-ways as best can be located without excavation. [2] Prepare a preliminary overall design and cost estimate and review same with the Owner prior to final design. [3] Prepare plans and specifications for the proposed improvements. The plans shall show the location of the street centerlines. [4] Meet with representatives of all involved utility companies and governmental agencies to coordinate the overall project. • [5] Advise the Owner as to soils investigations that might be required and assist in the coordinating of the same. The cost of the soils investigations shall be borne by the Owner. [6] Prepare construction cost estimates. [7] Assist the Owner in the advertising for and receiving of construction bids, including recommendations to the Owner regarding award of construction contract. All of the above described work shall be completed in such time that the Owner may receive construction bids on or about 100 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. B. Construction Management: Under this phase the Engineer will perform the following items of work: [1] Provide for periodic visits to the job sites by a professional engineer to observe the overall progress and quality of executed work. [2] Provide for resident inspection of the various job sites. [3] Provide a survey crew to lay out the project for construction, excluding any necessary land and right-of-way surveys. [4] Provide a project engineer to manage and coordinate the construction 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 written 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. Payment for the above described work shall be made on an hourly basis as further defined in Section 3 of this contract. D. Land Surveys: The Engineer will advise the Owner as to locations where, in the Engineer's judgement, easements are needed for the purpose of establishing right-of-ways and/or preparation of tract plats needed for easement acquisition. If 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 owners' properties, subdivision plats, and surveys or other data that may be required in order to perform the land surveys needed. - 2 [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. Basic Engineering Services: Compensation for basic engineering services shall be a lump sum fee amount of $2,517.60. 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. Construction Management: Compensation for construction services described in Section 2-B 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 $3,300.00 so long as the total construction time is 45 days or less from the date of the Notice -to -Proceed to the construction contractor. If the total construction time exceeds 45 days, then the Engineer shall be compensated for the additional time the various classifications of employees are required to work on the project or the Owner may terminate this agreement by giving the Engineer written Notice of Termination. The rates to be charged for the various classifications of personnel are set out below: Professional Engineer $45.00 per hour Engineering Aide $20.00 per hour Secretary $11.00 per hour Survey Crew $40.50 per hour Resident Inspector $15.00 per hour Draftsmen $15.00 per hour Travel $00.25 per mile The hourly rates shown above include total compensation to the Engineer for all expenses for said services described in Section 2-B above. C. Land Surveys for Easements: Compensation for land surveys and other work related thereto shall 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-B above. Only work as directed by the Owner shall be done under this section of the contract. There is no estimate as to the total amount of work which might be required under this section since that can only be determined after the work required under the basic engineering provision is essentially complete. - 3 • Method of Payment: Partial payments to the Engineer shall be made monthly as long as the accumulative of payments do not exceed the following: [1] Basic Engineering Services: Sixty percent (60%) upon completion of field engineering surveys and preliminary design. Thirty five percent (35%) upon completion of final plans and specifications and submittal to the Owner. Five percent (5%) after receipt of construction bids and recommendation to the Owner concerning contract award. [2] Construction Management: Payment to be made on a monthly basis during the construction phase. [3] Land Surveys and Easements: Payment to be made upon completion of the various items of work as directed by the Owner on a monthly basis. 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 the 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 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 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 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 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. - 4 • 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 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 noviation) 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. 5. 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 audits, examinations, excerpts, and transcriptions. H . Estimates Since the 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 the Engineer's experience and qualifications and represent his best judgement, being familiar with the industry, but the Engineer cannot and does not guarantee that established costs will not vary from estimates prepared. I. Insurance The 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. - 5 • 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 the 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 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-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. 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 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 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. C. Obtain the necessary lands, easements and rights-of-way for 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 performed by an Independent Certified Materials Lab exclusive of the Engineer's supervision thereof. 6 • F. Pay all plan .review costs and all -cost of advertising in connection with the project. Original documents, plans, design and survey notes represent the product and training, experience, and professional skill, and accordingly belong to and rdmain 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 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 of 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 behalf by its duly authorized representatives, and the said duly authorized representatives, and the parties hereto have and seals on the date heretofore set out. 441 /Attest : !' •.' e •s.v 407 )0; • i/17.S c, rf., executed in its Engineer by its set their hands CITY OF FAYETTEVILLE, ARKANSAS a� Attest: City Cl C4' iWILLCcaretaokdt Mayor MILHOLLAND COMPANY sietme -7 Melvin L. Mflholland, Owner •