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HomeMy WebLinkAbout56-86 RESOLUTIONRESOLUTION NO. 56-86T 4 A RESOLUTION AUTHORIZING THE MAYOR AND CITY rr.FRK TO EXECUTE A CONTRACT FOR ENGINEERING SERVICES WITH ALBRIGHT AND ASSOCIATES FOR GILES ADDITION AND WYMAN ROAD FIRE PROTECTION. 'WM-I BE IT RESOLVED BY THE HOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: • That the Mayor and City Clerk are hereby authorized and directed to execute a contract for engineering services with Albright and Associates for Giles Addition and Wyman Road fire protection in the amount of $3,880.00. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 20th day of , may 1986. APPROVED _ATTEST. 7 0;,3 • • ,a••••• Hi -10 PROJECT NO. AGREEMENT FOR ENGINEERING SERVICES FOR WATERLINE & FIRE HYDRANTS - GILES AUDITION & WYMAN RO. MICROFILMED P2A4(4.. THI,AGREEM NT, made and entered into this ay/ day of , 19SE, by and between the City of Fayetteville, hereinafter re erred to as the "Owner, and Albright & Associate, Consulting Engineers of Fayetteville, Arkanea, hereinafter referred to as the "Engineers". WITNESSETH THAT; ,WHEREAS, The Owner deaires to make specific improvements within the City of Fayetteville renuiring ihe;Servi?ea of en Engineer; and WHEREAS, the Engineer has sufficient.experienced personnel and equipment .to perform the work deacribed in this Agreement. Nob/ THEREFORE, in consideration of the Mutual convenants and agreements herein contained, the Owner end Engineer, the parties hereto, stipulate and agree,that the Owner does hereby employ the Engineer to perform the required engineering services 85 hereinafter set out; and the engineer agrees tcuprovide said services for the compensation as hereinafter set Put, Section 1. Description of Project The project for which engineering services are to be provided is generally described aa follows • A. Survey and prepare easement plats and descriptions for waterline improvemets and fire hydrants generally located in the Giles Addition. Also survey and prepare easement plats and descriptions as required fer fire hydrant in- stallations on Wyman Road from Stone Bridge Road to the City Limits. B. Provide design services and construction management for these waterline improvements and fire hydrant installation in Giles Addition and along Wyman Road as described in "A" above. 9 alma Section 2 Scope of Engineering Services The Engineer shall provide a suitable staff tp perform the basic engineering and surveying services more specifically defined as follows: A. Survey and Describe Easements 1) Perform necessary field surveys, aerial maps, and office research needed to establish the required easements. 2) Prepare plats and decriptions. of each easement required.' e. Prepare Construction Plans and Specifications 1) Perform detailed field surveys of the area to establish data necessary for the preparation of construction plans. 2) Locate 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 con- struction and reference control points such that they can be re- established at a later date. 4) Prepare detailed construction plans and specifications for the entire project. 6) Prepare construction cost estimates for the various segments and items of construction 56 as bid packages can be assembled to match funds available. • Meet with the Owner and their agents to present the 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. C. Construction Phase ComPensation for the construction phase of the Projects shall be based on the actual hours of the yarious 'classifications of employees that may be necessary to the work. The total fee shell not ' exceed tpilosp so long as the total construction time for the project does not exceed sik (6) months from the date of Notice to Proceed tp the construction contractor. If the total 'construction time exceeds six (6)•mont5, then the Engineer shall be compensated for the additional time a Construction insoector is required to be on the pror tact, Payment to the 6001 -leer shallbe made monthly on this hpyrly basis. .The rates to be cherged for the various classifications of personnel are set owt below; 6ngineer • DraftsMen Technician Inspector Typist SPrveY Crew $ 37.60 $ 13.50 $ 12,50 S 12,50 , 12.50 $ 40,00 Section 4 General Considerations A. Termination of Contract for Cape If, through any cause, the Engineer shall fail to fulfill in timely and proper manner his obligations'under.this contract, or if the En6ineer - shall violate any of the covenants, agreamentS,—..er 5tlplulatlons of this contrect,'the owner shall thereupon have 'the rioht to terminate this contract by giving' written ndtice to the Engineer of.such termi- palion and specifying the effective dOe'therepf!' at Jeast five days before,the effective'date of -such termination;''In such event, all finished or unfininshed document. date, stUdieo,iand'repprts prepared be the Engineer under this contract shell at the option of the Owner become itp prpperty, and the'6ngineer shall be'entitiled to receive just and equitable compensation wriopr this contract fOr any satisfactory work completed on such document*, C. Time of Completion' All items of Section 2R and ?El above shall be completed and ready for construction bidding on or before July 19: 1888. D. Construction Phase. The work to be performed under this item shall he as followS; 1) Provide for construction observationnecessary to insure Compliance with the plans 4pd specifications. 2) Provide for periodic visits to the job siteby a Professional engineer to observe the overall progress and oumlity of the executed work. 3) Provide a survey crew to lay put the project for construction. 4) Assign a project engineer to menage and coordinate the constriction activities. 5) Provide other personnel •=15 needed to assist the project ehoineer In the various activities'that MeY be required. • • 6) Review and approve pay estimates of the contractor, includino the assembly of written guarInteeS.WhiCh OF r9RYlred by the contract. documents. 7) Provide for final inspection of the project in company of repre- sentatives of the Owner, the projettlingtheer. e representative of the contractor, and any 8ther Party 4Saignea by the Owner. 8) Prepare and submit As-Euilt drawings of 411 improvements completed. • Section 3. Compensation Compensation for the various types ot services to be provided under .this contract shall be made' as'followef AFK8 Survey and Describe Easements and Prepare Construction Plans and Specifications Compensation for all items of work. described above In sections 2A and 25 klall-be d-liinp•sUn-fee'oT $2,81)0 and shalt be due and payable monthly in proportion to the amount of work completed. • Notwithstandino the above, the Enginer shall not be relieved of liability to the Owner for damages sustaned by the .Owner by virtue of any breech of the contract by the Enoineer, and the owner may withhold any payments to the Enoineer for the purpose of setoff until such time as the exact amount of damages due the Owner from the Enoineer is determined. 6. Termination for Convenience of Owner The Owner may terminate this contract any time by a notice in writino from the Owner to the Enoineer. If the contract i.s terminated by the Owner as provided herein, the Engineer will receive just and equitable compensation under this contract. Chanoes The Owner may, from time to time, request chances in the scope of the services of the Enoineer to be performed hereunder. Such changes, in— cludino any increase or decrease in the amount of the Engineer's compen- sation, which are mutually agreed upon by and between the Owner and -the Enoineer, shall be incorporated in further written amendments to this contract. O. Personnel 1. The Enoineer 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 Enoineer 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 Enoineer shall comply with all applicable laws, ordinances, and codes of the state and local governments and shall commit nor trespass on any public or private property in performing any of the work embraced by this contract. F. Assionability The Enoineer shall not assign any not transfer any interest in the same without the prior written approval of claims for money due or to become due interest in this contract and shall (whether by assignment or novation) the Owner; provided, however, that 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. 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 Enoineer doino work under this contract which are directly pertinent to a specific grant prooram for the purpose of makino audit, examination, 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 cost provided are to be made on the basis of Engineer's experience and qualifications and represents his best judoment,'being familiar with the industry,'but Enoineer,cannot and does not guarantee that established costs will not vary from estimates prepared. I. Insurance Enoineer 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 deplane which may arise from the performance of his services under this ccintractt. 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 inresoect 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 aorees as follows: A. The Enoineer will not, discriminate aclainst 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 reoard to their race, color,'religion, sex, or national orioin. Such action shall include, but not be limited fo, the following: employment, uporading, demotion or transfer, recruitment or advertisina; layoff or termination; rates of pay or other -forms of compensation; and selection for traininch includina aporecticeship. The Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided bv the Oontrecting Officer settino forth the provisions for this non-discrimination clauses. Interest of Certain Federal Offioials No member of or delegate to the Congress Of the United States, end no Resident Commissioner, shall be admitted to any share or part of this contract or toany benefit to arise herefrom. C. Interest of Enaineer 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 dearee with the performance of his services hereunder. The Engineer further covenants that in the perforMence-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 thorcuah consideration to all documents presented by the Engineer and inform the Enoineer of all decisions Within a reasonable time 50 as not to delay the work of the.Engineer: B. Make provision for the employees of the Enoineer to enter public and private lands as required for the Engineer to perforM necessary preliminary surveys and investioations. • C. Obtain the necessary lands, easements, and right-of-way for the . construction of the work. O. Furnish the Engineer such plans and records of construction and opera -tion of oxiltirg facilities', or copies of sane, bearing on the proposed work as may; be in the possession of the Neer, 54401 documents or data will be.returned to the Owner upon oompletion Prtbe worVor UPPP the request of the Owner E. Pay the coqt of making necessary soundings, borings' enslYses Of materials And leboretorY work a>cciusive of the EriOneer's supervision therof. . This agreement shall be bindint; 4109 the Parties hereto, their partners:heirs, succussors, administrOors, and agns; and neither, ' party shall assi9n, sublet or. transfer his Intere5t in this agreements without the prior written oonsent �f the other perty hereto , • TN WITNESS WHERFOF, the Owner hee caused the presents to be executed in its behaif by its duly Authoriefd teilnesentetive, end the said Engineer ay its duly authorized raprewtatAvAil Old the POrtio5 hereto Psveset their hands and seals en 'OP date'haTetpfore set out. ATTEST: ne Kennedy, Y Clerk ATTEST CITY OF !RYETTEWILLE, ARKANSAS ALRIGHT & ASSOCIATES Sot' Aglows"—IT- O'svid L. Jorgensen, P.E.