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HomeMy WebLinkAbout22-89 RESOLUTIONRESOLUTION NO. 22-89 t A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH MILHOLLAND COMPANY FOR ENGINEERING SERVICES FOR WATER LINE REPLACEMENT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I. The Mayor and City are hereby authorized and directed to execute a contract with Milholland Company at a price of $20,825.00 for engineering services for water line replacements. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 7th day of March , 1989. APPROVED c ATTES' ;:- By By:f cr • By: • • Mayor THIS AGREEMENT FOR ENGINEERING SERVICES FOR GROUP A 89 - WATER LIMB REPLACEMENTS E-239 AGREEMENT, made and entered into this /314 day d, , 1989, by and between the City of Fayettevi Arkhnsas, hereinafter referred to as the "Owner", and Milhol Company, Engineering and Surveying, Consulting Engineers Fayetteville, Arkansas, hereinafter referred to as "Engineer", WITNESSED THAT: • of lle, land of the WHEREAS, the Owner desires to Construct individual segments of water mains and appurtenances within the City of Fayetteville, enumerated in RFP No. 89-2 as Group A 89; 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: GROUP A 89 - WATER MAIN REPLACEMENT: Preparation of Detailed Plans and Specifications, Right -of - Way Acquisition, Bids, and Construction Management of Individual Segments of Water Lines with appurtenances, as specified herein as GROUP A 89, in accordance with City of Fayetteville Specifications; provide City Engineering Department Right -of -Way easement maps and Descriptions to acquire necessary Right -of -Way easements for the purpose of new construction of said water mains and appurtenances. Engineering Services for said project shall be separated into four (4) parts as follows: PART I: PART I -A: PART II: PART III: PART IV: BASIC ENGINEERING SERVICES RIGHT-OF-WAY ACQUISITION BIDS THROUGH AWARD OF CONTRACT CONSTRUCTION MANAGEMENT CONTRACT AMENDMENTS (1) SECTION 2: SCOPE OF ENGINEERING SERVICES The Engineer shall provide a suitable staff to perform Basic Engineering Services, Right -of -Way Acquisition, Bid Documenta- tion, and Construction Management, including full-time resident inspection, and as an extra item, Right -of -Way Plats and Descriptions. These various types of work are more specifically defined as follows: --PART I: BASIC ENGINEERING SERVICES: Work to be done under this item shall consist of the following: (11 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 proposed improvements. The field engineering surveys shall include the location of all existing utilities within construction Right -of -Ways as best can be located without excavation. (21 Prepare a preliminary overall design and cost estimate and review same with the Owner prior to final design. 13] Prepare detailed plans and specifications for proposed improvements. The plans shall show location of the construction centerlines. Engi shall provide Owner with two (2) complete sets of plans and specifications. (91 Meet with representatives of all involved uti companies and governmental agencies to coordinate overall prosect. (51 Submit detailed plans and Health Department. The cost of Review Fee shall be borne by the the the neer the lity the specifications to the the Health Department Owner. (6) Prepare construction cost estimates. PART I -A: RIGHT-OF-WAY ACQUISITION: Only work as directed by the Owner shall be done under this section of the contract. The total fee shall not exceed $1,000.00. All of the work described in PART I AND I -A above shall be completed in such time that the Owner may advertise for construction Bids within 60 days after the Engineer receives a "NOTICE -TO -PROCEED" on the project. Time is expressly made of the essence of this Agreement. (2) PART II: Work to be performed under this item shall consist of the following. [1] Assist the Owner in the advertising for and receiving of Construction Bids, including recommendation of Construction Contract award. PART III: 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. (21 Provide for full-time resident inspection of the project construction. [31 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. [51 Provide other personnel such as draftsmen, engineering technicians, etc., needed to assist the project engineer in 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. secretaries, as may be the various [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. [8] Provide an "As -Built" set of drawings to the Owner after the Project Construction is completed. PART IV: CONTRACT AMENDMENTS: Contract Amendments will be considered when the scope of work is Changed at the request of the Owner or necessitated by some condition which could not have been reasonably anticipated. Payments for the work described in PARTS I,I-A, II, III, and IV above shall be made as further defined in SECTION 3 of this contract. (3) Cr SECTION 3. COMPENSATION: Compensation for the various types of services to be provided under this contract shall be made as follows: A. PART I: BASIC ENGINEERING SERVICES: Compensation for Basic Engineering Services shall be a lump sum fee amount of $9,825.00. This fee includes full •-compensation for every item of work as described in SECTION 2, PART I. The fee is based on an estimate of the various classifications of work at an hourly rate. The hourly rates include direct labor costs plus allowances for indirect labor costs, overhead, and profit. B . PART I -A: RIGHT-OF-WAY ACQUISITION: Compensation for PLATS AND DESCRIPTIONS for Right -of -Way Easements shall be based on the hours of work actually required. The hourly rates shall be based on charges for the various classifications of personnel identical to those set out under SECTION 3-F. - "HOURLY RATE PER CLASSIFICATION". Only work as directed by the Owner shall be done under this section of the contract. The total fee shall not exceed $1,000.00. C. PART II: BIDS THROUGH AWARD OF CONTRACT: Compensation for "Advertisement for Bids" through "Award of Contract" shall be a Fixed Fee of $1,000.00. D . PART III: CONSTRUCTION MANAGEMENT: Compensation for Construction Management Services described in SECTION 2, PART III, shall be a Lump Sum fee and shall not exceed $9,000.00 so long as the total construction time is 90 calendar days or less from the Date of the "NOTICE -TO - PROCEED" to the •Construction Contractor. If the total construction time exceeds 90 calendar days, then the Engineer shall be compensated for the additional time required to work on the project, or the Owner may terminate this agreement by g iving. the Engineer written Notice of Termination. It is mutually agreed to, and understood by both Owner and Engineer, that the Construction Documents and the Contract between the Owner and the successful Construction Contractor will limit the Contractor's Construction Time to 90 Calendar Days from "NOTICE -TO -PROCEED"; AND the Owner will have the legal right to assess Liquidated Damages against the Construction Contractor In the amount of ,up to $300.00 per Calendar Day for each day exceeding the total of said 90 days plus NONWORKABLE Days; (4) AND, the Owner agrees to compensate the Engineer per each Calendar Day the Construction Time exceeds 90 Calendar Days from Date of NOTICE -TO -PROCEED to the Successful Construction Contractor. E . PART IV: CONTRACT AMENDMENT: In the event that a Contract Amendment for Engineering Services is necessary, the Engineer's compensation shall be based on -the HOURLY RATES of the various classifications of personnel set forth in SECTION 3. F. - "HOURLY RATE PER CLASSIFICATION". F. HOURLY RATE PER CLASSIFICATION: The hourly rates to be charged for the various classifications of personnel are set out below: Professional Engineer Registered Land Surveyor Engineering Aide S ecretary S urvey Crew Resident Inspector Draftsman Travel $49.00 $35.00 $25.00 $11.40 $46.65 $20.00 $15.00 $00.25 per per per per per per per per hour hour hour hour hour hour hour mile The hourly rates shown above include total compensation to the Engineer for all expenses for said services described in SECTION 2, PART I -A: RIGHT-OF-WAY ACQUISITION and PART IV: CONTRACT AMENDMENT. G . METHOD OF PAYMENT: Partial payments to the Engineer shall be made monthly as long as the accumulative of payments do not exceed the following: [11 PART I: Basic Engineering Services: S ixty-five percent (65%) upon completion of e ngineering surveys and preliminary design. Thirty-five percent (35%) upon completion of final and specifications and submittal to the Owner. (2) PART I -A: RIGHT-OF-WAY PLATS AND DESCRIPTIONS: field plans Payment to be made upon completion of the various items of work as directed by the Owner. (5) • (3) PART IIA BIDS THROUGH AWARD OF CONTRACT: 90% after opening Bids, and 104 after Award of Construction Contract. (41 PART III: CONSTRUCTION MANAGEMENT: Payment to be made on a monthly basis during 4the construction phase. 15) PART IV: CONTRACT AMENDMENT: Payment to be to made on a monthly basis for the various items of work: -as directed by the Owner. 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 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 -uatinished 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—es 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. (6) 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. 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 o f 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 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. 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 audits, examinations, excerpts, and transcriptions. (7) • 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 costs provided are to be made on the basis of the Engineer's experience and qualifications and represent his best Judgment, 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. SECTION 5. EQUAL OPPORTUNITY PROVISIONS During the performance of this contract, the Engineer agrees as follows: (Al 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 nondiscrimination clause. [Bi 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. (8) SECTION 6. CONFLICT OF INTEREST (Al 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. all 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: (Al 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. (Cl Obtain the necessary lands, easements, and Right -of - Ways for the construction of the work. [DI 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. (9) [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. IF) 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 remain 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. 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. (10) • IN WITNESS WHEREOF, the Owner has caused these presents 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: City lerk Attest: Secretary CITY OF FAYETTEVILLE, ARKANSAS laid7/44/ William V. l rtin, Mayor MILHOLLAND COMPANY Melvin L. Hilholland, Owner