HomeMy WebLinkAbout22-89 RESOLUTIONRESOLUTION NO. 22-89
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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
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ATTES' ;:-
By
By:f
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•
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:
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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)
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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