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HomeMy WebLinkAbout47-87 RESOLUTIONtm- "ra-77.7-T RESOLUTION NO. 47-87 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH NORTHWEST ENGINEERS, INC. FOR ENGINEERING SERVICES FOR PHASE II OF THE WEDINGTON AREA DRAINAGE •PROJECT. 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 Northwest Engineers, Inc. for engineering services for Phase II of the Wedington Area Drainage Project. A copy of the• contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 16th day of APPROVED June 1987. BY:Masi/y/1/ 94911"447-1 Mayor/ HUD PROJECT NO. MICROFILMED DR 8701 AGREEMENT FOR ENGINEERING SERVICES FOR EASEMENT MONUMENTATION AND DESIGN OF DRAINAGE IMPROVEMENTS • THIS AGREEMENT, made and entered into this 15th day of June, 1987, 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 City of Fayetteville requiring the services of an Engineer; and WHEREAS, the Engineer has sufficient experienced personnel and e quipment to perform the work described in this Agreement; Now THEREFORE, in consideration of the mutual convenants and agreements herein contained, the Owner and Engineer, the parties hereto, stipulate and agree that the Owner does hereby employ the E ngineer to perform the required engineering services as hereinafter set out; and the Engineer 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 Phase II of the Wedington Drainage Project and shall include the following: A. Survey, monument, and prepare easement plats and descriptions for drainage improvements 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 261 1985 by this firm. B. Provide design services and construction management for drainage improvements within said area. S ection 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 1. Perform necessary field surveys, aerial maps, and office research needed to establish the required easements. 7 .7 • 2. Set monuments to clearly define limits of all easements. 3. Prepare plats and descriptions of each easement required. • Prepare Construction Plan and Specifications 1. Perform detailed field surveys and have aerial surveys made 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 u tility companies. 3. Establish horizontal and vertical control for each area o f construction 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. 5. Prepare construction cost estimates for the various segments and items of construction so as bid packages can be assembled to match funds available. 6. Meet with the Owner and their agents to present the information and cost estimates and to assist the Owner in d eciding 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 28 above shall be completed and ✓ eady for construction bidding on or before August 11 1987. D . Construction Management The work to be performed under this item shall be as .follows: 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 work. 3. Provide a survey crew to lay out the project for construction. 4. Assign a project engineer to manage and coordinate the constuction activities. 5. Provide other personnel as needed to assist the project e ngineer in the various activiti-es that may be required. 6. Review and apprOve pay estimates of the contractor, including the assembly of written guarantees which are ✓ equired by the contract documents. 7. Provide for final inspection of the project in company of ✓ epresentatives of the Owner, the project engineer, a ✓ epresentative of the contractor, and any other party assigned by the Owner. 8. Prepare and submit As -Built drawings of all improvements completed. Section 3. Compensation 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 P lans and Specifications Compensation for all items of work described above in Sections 2A and 28 shall be a lump sum fee of $121165.50 and shall be due and payable monthly in proportion to the amount of work completed. C. Construction Management Compensation for construction management of the project shall be based on the amount of construction under contract and on the actual hours of the various classification of employees that may be necessary to perform the work. The total fee for each contract section shall not exceed the following: a) Porter Road Box Culvert $1,600.00 b) Hatfield Street Ditch $1,300.00 c) Mt. Comfort Road Ditch (800 +) $ 400.00 d) Mt. Comfort Road Box Culvert Across Garner-Larimore Addition $ 900.00 e l Mt. Comfort Road Box Culvert Garner-Larimore Addition to Addington $11100.00 f) Mt. Comfort Road Box Culvert Addington to McCormick Addition $11100.00 g ) Mt. Comfort Road Box Culvert McCormick Addition through James Street $71500.00 The total fee for construction management shall not exceed $ 71500.00 if all sections are awarded for construction. The rates to be charged for the various classifications of personnel are set out below: E ngineer I E ngineer II E ngineer III D raftsman Technician (Inspector) S urvey Crew Section 4. General Considerations A. Termination of Contract for Cause $ 44.00/hr. $ 33.00/hr. $ 30.00/hr. $ 20.00/hr. $ 15.00/hr. $ 50.00/hr. 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, o r 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 days before the effective date of such termination. In such event, all finished or unfinished d ocuments, data, studies, and reports prepared by the Engineer u nderthis contract shall, at the option of the Owner become its property, and the Engineer shall be entitled to receive just and e quitable compensation under this contract for any satisfactory work completed on such documents. N otwithstanding the above, the Engineer shall not be relieved of liability to the Owner for damages sustained by the Owner by ✓ irtue of any breach of the contract by the Engineer, and the Owner may withhold any payments to the Engineer for the purpose o f 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 w riting from the Owner to the Engineer. If the contract is terminated by the Owner as provided herein, the Engineer will ✓ eceive just and equitable compensation under this contract. C. Changes The Owner may, from time to time, request changes in the scope o f the services of the Engineer to be performed hereunder. Such changes, including any increase or decrease in the amount of the E ngineer'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 contraclual 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. 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, d ocuments, 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 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 e stimates 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 vary from e stimates 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. 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 o ther. S ection 5. Equal Opportunity Provisions D uring 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, o r national origin. The Engineer will take affirmative action to e nsure 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 post in conspicuous places, available to employees and applicants for employment, n otices to be provided by the Contracting Officer setting forth the provisions for this non-discrimination clause. B. The Engineer will, in all solicitations or advertisements for e mployees placed by or on behalf of the Engineer, state that all q ualified applicants will receive consideration for employment w ithout regard to race, color, religion, sex, or national o rigin. S ection 6. Conflict of Interest Interest of Owner N o 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 d escribed 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. 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 ✓ easonable 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 n ecessary 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 o n 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 o f materials and laboratory work exclusive of the Engineer's supervision thereof. This agreement shall be binding upon the parties hereto, their P artners, heirs, successors, administrators, and assigns; and neither party shall assign, sublet or transfer his interest in this agreements without the prior written 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 setout. ATTEST: t a JczJ nfre McW int - CITY OF FAYETTEVILLE, ARKANSAS 7)10Ail4n4J At A _ck-s----/ Mfirily Johnson, Mayor 4 11." •.. argt, ATTEST: NORTHWEST ENGINEERS, INC. sident F. Ervan Wimberly, President