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HomeMy WebLinkAbout02-86 RESOLUTIONRESOLUTION NO. 2-86 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH NORTHWEST ENGINEERS, INC. FOR PREPARATION OF PLANS AND SPECIFICATIONS AND THE PERFORMANCE OF CONSTRUCTION MANAGEMENT FOR THE WEDINVIUN AREA DRAINAGE PROTECT. BE IT RESOLVED BY THE BOARD OF DIRECIDRS OF THE CITY OF FAYETTEVILiE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Northwest Engineers, Inc. for the preparation of plans and specifications and for construction management for the Wedington Area Drainage Project. A copy of the contract authorized for execution is hereby is attached marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 7th day of kg ma/ APPROVED Mayor January 19861. fidya • go 5f-recef - MICRaFILMED HUD PROJECT NO. DR 8503 AGREEMENT FOR ENGINEERING SERVICES FOR EASEMENT MONUMENTATION AND DESIGN OF DRAINAGE IMPROVEMENTS THIS AGREEMENT, made and entered into this 7th day of January 1 1986, 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 Ciy of Fayetteville requiring the services of an Engineer; and t WHEREAS, the Engineer has sufficient experienced personnel and equipment to perform the work described in this Agreement; Now THEREFORE, in consideration of the mutual convenants and agreement; 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 E ngineer agrees to provide said services for the compensation as hereinafter set out. S ection 1. Description of Project The project for which engineering services are to be provided is g enerally described as follows: A. Survey, monument, and prepare easement plats and descriptions . for drainage imprdvernents within the area generally bounded by Wedington Road, U.S. Highway 71, Deane Street, and Garland Avenue as more specifically defined in a storm drainage study for City of Fayetteville dated August 26, 1985 by this firm. E. Provide design services and construction managerrent for drainage improvements within said area. Section 2 Scope of Engineering Services The Engineer shall provide a suitable staff to perform the basic e ngineering and surveying services more specifically defined as follows: A. Survey and Monument Easements Perform necessary field surveys, aerial maps, and office research needed to establish the required easements. 2 Set concrete monuments at all points of change in direction o f easement boundary andsat all points of intersection of e asement boundary with property lines. • P repare plats and descripticns of each easement required. B. Prepare Construction Plans and $pecifications P erform detailed field surveys and have aerial surveys made o f the area to establish data necessary for the prepartion of construction plans. L ocate all existing utilities as best can be determined without excavation through coordination with the various 'Utility companies. 3 Establish horizontal and vertical control for each area of construction and reference control points such that they can be re-established at a later date. 4. Prepare detailed constructicn plans and specifications for, the entire project. P repare construction cost estimates for the various segments and items of contruction so as bid packages can be assembled to match funds available. Meet with the Owner and.their agents to present the 4 information and cost estimates and to .assist the Owner in deciding which areas or segments to include. 7 Prepare bid documents and assist the Owner in advertising for and receiving bids for construction. Time of Completion All items of Section 2A and 2B above shall be completed and ready for construction bidding on or before April 15, 1986. Construction Phase. The work shall be as follows: be performed under this item 1. Provide for construction observation as necessary to insure compliance with the plans and specifications. 2. Provide for periodic visits to the job sites by a professional engineer to observe the overall progress and q uality of the executed worlc. 3. provide a survey crew to lay out the project for construction. Assign a project engineer tc manage and coordinate the construction activities. 5 Provide other personnel as needed to assist the project e ngineer in the various activities that -may be required. • Review and approve pay estimates of the contractor, including the .assembly of written guarantees which are required by the contract documents. Provide for final inspection of the project in company of representatives of the Owner, the project engineer, a representative of the contractor, and any other party assigned by the Owner. 8 Prepare and submit As-Euilt drawings of all improvements completed. Section 3. Compensation r Compensation for the various types of services to be provided under this contract shall be made as follows: A&B Survey and _Monument Easements and Prepare Construction Plans and Specificaitons Compensation for all items of work described above in Sections 2A and 2B shall be a lump sum fee of $19,300.00 and shall be due and payable monthly in proportion to the amount of work completed. C. Construction Phase Compensation for the construction phase of the projects shall be based on the actual hours pf the various classifications of. employees that may be necessary to perform the wort::. The total fee shall not exceed $8,700.00 so long as the total construction time for the project does not exceed six (6) months from the date of Notice to Proceed to the construction contractor. If the total construction time exceeds six (6) months, 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: E ngineer I E ngineer II E ngineer I,II D raftsman Technician (Inspector) S urvey Crew Section 4 General Considerations A. Termination of Contract.for Cause If, through any cause the Engineer shall fail $44.00/hr. 33.00/hr. 30.00/hr. 20.00/hr. 15.00/hr. 50.000/hr. fulfill in timely • f and proper manner his obligations'under this contract, or if the Engineer shall violate any of the covenants, agreements, or stipiuiations of this contract, the owner shall tftereupon 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 e ffective date of such termination. In such event, all finished or u nfininshed documents, data, studies, and reports prepared by the Engineer u nder 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 relievedof 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 e xact amount of damages due the. Owner from the Engineer is determined. B . Termination for Convenience of Owner The Owner may terminate this contrtact any time by a notice in w riting 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 riiay, 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. 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 E ngineer 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 n ot 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 banl<:, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice o f 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, e xamination, excerpts, and transcriptions. H . Estimates S ince 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 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 ✓ ary from estimates prepared. I. Insurance E ngineer 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. Successors and Assigns E ach party of this contract binds himself and his partners, successors, executors, administrators, and assigns to the other party of this contract in.respec.t:.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 a D uring the performance of this contract, the Engineer agrees es follows: A. The Engineer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or n ational origin. The Engineer will take affirmative action to ensure that aplicants are employed, and that employees are treated during employment, w ithout regard to their race, color, religion, sex, or national origin. S uch action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment •�r recruitment advertising; layoff or termination; rates of pay or other forms of •compensation; and selection for training, including apprenticeship. The E ngineer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting O fficer setting forth the provisions for this non-discrimination clause. E . 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. S ection E. 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 w ith the carrying out of the project to which this contract pertains shall have any personal interest, direct or indirect, in this contract. E . Interest of Certain Federal Officials N o'rnember.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 n ot 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 h ereunder. The Engineer further covenants that in the performance of this contract, no person having any such interest shall be employed. S ection 7. Other Provisions In connection with the project, the Owner shall: A. Give thorough consideration to all documents presented by the E ngineer and inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. E . 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 eve 4 D. Furnish the Engineer such plans. and records of construction and o peration 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 agreements w ithout the prior afritten.consent of the other party hereto. IN WITNESS WHEREOF, the. Owner' has caused these presents to be e xecuted 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. ATTEST: S uz ATTEST: /414 Al Harris Vice President CI OF FAYETTEVILLE, ARKANSAS Q Paul Noland, Mayor NORTHWEST ENGINEERS, INC . • // Ervan Wimberly, Preside -ht •