HomeMy WebLinkAbout79-86 RESOLUTIONRESOLUTION NO. 79-86
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH McCLINTON-ANCHOR COMPANY
FOR IMPROVEMENTS TO HOLLY AND SYCAMORE STREETS.
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 a contract with McClinton -Anchor Company for improvements
to Holly and Sycamore Streets at a total cost of $64,230.75. A copy
of the contract authorized for execution hereby is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 5th day of August , 1986.
APPROVED
Mayor
4
between
•
THIS AGREEMENT, made this 5th
CONTRACT
day of
City of Fayetteville, Arkansas
herein through its
.1 •
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y•
wr
it*
•
Mayor
' McClinton -Anchor
` RIKE OLT (a corporation) (a)par4aetxbip)
• •I; APPLICABLE (atxittdiaidushlsi ept:minama
7ER11S
(Corporate Name of Owner/
August
1986
by and
. herein called "Owner," actin_
Fayetteville
4• ,a
:11' • reinafter called "Contractor."
L WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned. to be
•ruade and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete
, County of
Washington
, and State of Arkansas
c Jnstruction described as follows:
Street Improvements to Holly (Lewis to Sang) & Sycamore (Porter Road to
Life Styles) - -
Water line and fire hydrant on Sycamore.
.:naft r called the project, for the sum of230.iSixtv-Four Thousand Two Hundred Thirty and75214ales
0 ' j and all extra workn connection therewith, under the terms as stated in the General and Special Co r
:i .ns of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies.
::inerv, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary lo r:. n,
:•• the ;aid project in accordance with the conditions and prices stated in the Proposal, the General Conditions. Sup-
..:: mal General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats. blue
and other drawings and printed or written explanatory matter thereof, the specifications and contract d„cnnienl>
.r as prepared by Crafton, Tull., Spann & Yoe , herein entitled the Architi,i.'Eu_in-er,
- enumerated in Paragraph 1 of the Supplemental General Conditions. all of which are made a part bcrei,f and 11.1
%-'!v e idcnce and constitute the contract. t
The Contractor hereby agrees to commence work under this contract on or before a date to be .specified is) a
• -Notice to Proceed” of the Owner and to fully complete the project within 45 consecutive calendar da..
=:ter. The Contractor further agrees to pay, as liquidated damages. the sum of i 100.00 - for earl) con,e,:u-
• r::iar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions.
OR'NER agrees to pay the CONTRACTOR in current funds for the performance of the contract. subject to
• rni deductions. as provided in the General Conditions of the Contract. and to make payments on accnrmt
•+.iw:d in Paragraph25,"Payments to Coatractor,"of the Genera! Conditions.
(Over)
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'-1N WGTNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each
of which shall be deemed an original, in the year and day first above mentioned.
(tel)
ATTEST:
ityJerk (d
•
t A
By
CITY OF FAYETTEVILLE, ARKANSAS
(Owner)
Paul R. iFu1diid
Mayor
(Witness) (Title)
•
` ' EtCac 7j .m CHCR CO.
1';'O smi 1.4 L1i „f,ri:ursa; Inc.
7•
/ . ((Contractor)
izje
By jl/��ih ^.. i���^� V, •
•
VICE PRfs.IDEra T
/tTiSIe'
,..1"72701
fAddiai and Zip'Cdde]~�
•
• NOTE- Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
HUD -4238.F (6.66)
1.
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Geo 869-3a0
t
GRANTEE
S.
COST. OR PRICE SUMMARY FORMAT FOR CONTRACTS UNDER U.S. DHUD GRANTS
(See Accompanying Instructions Before Completing This Form)
PART I - GENERAL
NAME OF CONTRACTOR OR SUBCONTRACTOR
Crafton, Tull, Spann and Yoe, Inc.
ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP Code)
P. 0..Drawer 549
2800 North 2nd Street
Rogers, Arkansas 72757-0549
7. DIRECT LABOR (Specify Labor Categories)
Survey Crew (3 Men)
Draftsmen •
Design Engineer
Specification Writer
Construction Supervisor
Inspector
6.
2. GRANT NUMBER
" 4, DATE OF PROPOSAL
' May 8, 1986
TYPE OF SERVICE TO BE FURNISHED
Street Improvements and Fire
Protection --
Holly Street & Sycamore Street
PART II - COST SUMMARY
DIRECT LABOR TOTAL:
3, INDIRECT COSIS (Specify Indirect Cost Pools)
Overhead (Empl. Taxes, Ins.,
9. OTHER DIRECT COSTS
ESTI-
MATED
HOURS
10 $ 17.50
12 8.40
8 21.00
5 S.75
6 21.00
60 9.00
HOURLY
RATE
RATE
Vacation, Etc.) 1.42
INDIRECT COSTS TOTAL:
A. TRAVEL
(1) Transportation 1,000 Miles @ $0.14
(2) Per Diem
B. EQUIPMENT, MATERIALS, SUPPLIES
(Specify Categories)
Reproduction
Survey Supplies
C. SUBCONTRACTS
TRAVEL SUBTOTAL:
EQUIPMENT SUBTOTAL:
SUBCONTRACTS SUBTOIAL:
D. OTHER (Specify Categories)
OTHER SUBTOTAL:
E. OTHER DIRECT COSTS TOTAL:
110. TOTAL ESTIMATED COST
. PROFIT
12.TOTAL PRICE
1
QrY.
1
x BASE
ESTIMATED
COST
S 175.00
100.80
168.00
41.75
126.00
540.00
ESTIMATED
COST
$1,153.55 51,638.04
S
COST
S
S
S
s
ESTIMATED
COST
140.00
140.00
ESTIMATED
COST
15.00
10.00
$ '25.00
ESTIMATED
COST
S
S
ESTIMATED
COST
S
TOTALS
$1,153.55
81,638.04
$ 165.00
52,956.59
S 295.41
$3.252.00
Everett L. Balk, P.E.
Bob H. Crafton, P.E. ,
Thomas E. Hopper, P.E.
R.E. Reece, P.E.
David F. Russell
Don Spann, A.I.A.
David Swearingen, A.I.A.
Lemuel H. Tull, P.E.
Clay B. Yoe, P.E. - 1942-1985
Crafton, Tull, Spann & Yoe, Inc.
Architects & Engineers
May 19, 1986
Mrs. Sandra S. Carlisle, Director
Community Development Department
City Administration Building, Room 307
113 West Mountain
Fayetteville, Arkansas 72701
Dear Sandra:
Michael "Mike" Becker
D. E. "Chapple" Chapman, P.E.
Jim Kooistra
James P. Swearingen, A.I.A.
J. R. 'Bob" Tinsley
Mark C. Young LS., P.E.
MAY 2 7 1986
i t'ra.y S
Re: Contracts for CDBG Projects --
Holly and Sycamore Streets
In accordance to your letter of May 12, 1986, we are transmitting, herewith,
three copies of our Contract for the Community Development projects. It is our
understanding that these projects will include street work on Sycamore and Holly,
and a water line on Sycamore Street.
We hope that this Contract will meet the approval of the Fayetteville Board
of Directors. If so, please return one executed copy to us. Should you have any
questions or comments, please do not hesitate to call us.
BHC:vsb
Enclosures: Three Contracts
Sincerely
Bob H. Crafton, P. E.
CRAFTON, TULL, SPANN ti YOE, INC.
THIS
AGREEMENT FOR ENGINEERING SERVICES
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FOR
STREET IMPROVEMENTS
AGREEMENT, made and entered into this
hereinat/ter referred
Consul ng Engineers
"Engineer",
WITNESSETH THAT:
I s�
day of
1986, by and between the City of Fayetteville, Arkansas,
to as the "Owner", and Crofton, Tull, Spann & Yoe, Inc.,
of Rogers, Arkansas, hereinafter referred to as the
WHEREAS, the Owner desires to improve, construct or reconstruct certain
street and water system improvements within the City of Fayetteville; and
WHEREAS, the Engineer has sufffcient 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:
Holly Street, Lewis to Sang -- Design a street to existing City Standards,
except that the street shall be the same width as It is presently, and no
curbs and gutters shall be required. Drainage improvements shall consist
of cleaning existing ditchlines and clearing all existing culverts.
e Sycamore Street West of Porter Road -- Design a fifteen foot (15')
driveway to extend from Porter Road West through the twenty-four foot
(24') drive Into the Life Styles building. The drive shall consist of two
inches of asphalt and base material. The drive is to be designed to City
Standards. No curb or gutter shall be required.•'
q Six -Inch Water Line and Fire Hydrant -- A six inch water line from an
existing twelve inch on Porter Road to the West side of the Life Styles
driveway. The hydrant shall be placed on the South side of the drive.
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Section 2. Scope of Engineering Services
The Engineer shall provide a suitable staff to perform basic engineering
services;. construction management. including resident observation as required;
and land surveys as directed. These various types of work are more
specifically defined as follows:
A. Basic Engineering Services
1. Preliminary Engineering Report
a. Field Surveys and Basic Drawings
The work to be done under this item shall consist of the
following:
1) The location of all existing utilities as best can be
located without excavation.
Profiles as necessary to provide information for
determining proper drainage.
3) The establishment of a base line on the ground and
referenced so that it can be reestablished at a later
date.
4) The establishment of approximate property lines to
determine whether construction activity will possibly
take place on private property and, therefore, require
detailed land surveys and preparation of plats for
easement acquisition.
5) Advise the Owner as to soils investigations that might
be required.
6) Preparation of copies of all reduced field survey
notes to be delivered to Community Development by the
Engineer.
7) The plotting of the field surveys. including plan and
profile and cross sections of 22 -inch or 24 -inch by
36 -inch plan sheets to a scale of 1" = 20' and
preparation of reproducibles of these drawings to be
delivered to Community Development.
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b. Design and Cost Estimate
Work to be done under this item shall consist of the following:
1) Provide one copy of red -pencil drawings on the
blueprints completed under Item A-7 above, showing the
design which would meet the present city standards as
defined by existing codes and ordinances.
2) The construction cost estimate for each individual
project as shown above.
3) 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 preparation of plats for easement
acquisition.
4) Advise the Owner as to soils investigations that might
be required and assist in the coordination of the
surveys. The cost of the soils investigations shall
be borne by the Owner.
2. Detailed Engineering
a. Preparation of Detailed Plans and Specifications
Work to be done under this item shall consist of the following:
1) After presenting the preliminary engineering report
noted above to Community Development, Community
Development will determine -- based upon their budgets
and the estimated construction costs -- those
individual projects that the Engineer will proceed
with preparation of detailed plans and specifications.
2) After all decisions have been made by Community
Development determining the design criteria for each
street to be bid upon, detailed plans and
specifications will be prepared by the Engineer.
All of the above described work shall be completed with thirty (30) 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
fixed fee 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 the
executed work, in order to 'certify Contractor's compliance with
the plans and specifications.
2. Provide for resident obserVation as required of the various job
sites.
3. Provide a survey crew to lay out the project for construction.
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.
C. 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 naps. 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.
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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 fixed fee in the
amount of one thousand, seven hundred and fifty-nine dollars and thirty-
two cents ($1,759.32). This fee includes full compensation for every item
of work as described in Section 2-A.
B. 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 one thousand, four
hundred ninety-two dollars and sixty-eight cents ($1,492.88).
The rates to be charged for the various classifications of personnel are
as set out in the Coat and Pricing Summary attached. In addition to the
hourly rates charged for the various classifications of personnel
performing the work, overhead shall be charged at the rate of 1.42 times
the hourly rate. Also, a travel expense in the amount of fourteen cents
per mile ($0.14/mile), and a professional fee in the amount of two hundred
ninety-five dollars and forty-one cents ($295.41) will be paid to the
Engineer.
C. Land Surveys
Compensation for land surveys and other work related thereto will be based
on the hours of work actually required. The rate to be charged for a
three-man survey party will be fifty-two dollars ($52.00) per hour.
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.
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D. Method of Payment
Partial payments to the Engineer shall be made as follows.
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1. Basic Engineering Services
Fifty percent (50%) upon completion of field surveys and preliminary
design.
Forty percent (40%) upon completion of'final plans and specifications
and submittal to the Owner.
Ten percent (10%) 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
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 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 hereof, 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 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.
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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
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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.
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.
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 government and shall commit no trespass on any
public or private property in performing any of the work embraced by this
contract.
P. 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.
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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, 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 to be
made on the basis of Engineer's experience and qualifications and present
his beat judgment, 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.
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, 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 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 termination: rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Engineer agrees to
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post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Contracting Officer setting
forth the provisions of this nondiscrimination 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, shallsbe 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 provisions for the employees of the Engineer to enter public and
private lands as required for the Engineer to perform necessary
preliminary surveys and investigations.
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C. Obtain the necessary lands, easements and rights-of-way for the
construction of the work.
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.
All plans and specifications prepared by the Engineer under this contract shall
become the property of the City and may be used by the City for construction
purposes upon payment of the consideration due the Engineer hereunder for
preparation of said plans and specifications.
The Engineer, at the Engineer's expense, shall furnish the Owner two copies of
"as -built" drawings of each phase of the project.
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 part hereto.
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IN WITNESS WHEREOF, the Owner has caused these present 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.
Attest:
f/A4t44_, City lerk
Attest:
Lemuel H. Tull, Secretary/Treasurer
CITY OF FAYETTEVILLE, ARKANSAS
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Paul R. Nolan , Mayor
Bob H. Craft on, President