HomeMy WebLinkAbout45-89 RESOLUTION•
RESOLUTION NO. 45-R9
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT WITH MILHOLLAND
ENGINEERS FOR THE DESIGN OF STUBBLEFIELD ROAD
IMPROVEMENTS FROM OLD MISSOURI ROAD TO HAROLD
STREET AND A DRAINAGE STUDY OF MISSOURI CREEK.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a contract with Milholland
Engineers for the design of Stubblefield Road improvements from
Old Missouri Road to Harold Street and a drainage study of
Missouri Creek. 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 May 1989.
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a
lor
APPROVED
Mayor
a
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AGREEMENT FOR ENGINEERING SERVICES
FOR
STUBBLEFIELD ROAD IMPROVEMENTS
AND
MISSOURI CREEK DRAINAGE STUDY
E-245
RFP 89-6
0,2$°t
THIt, NT, made and entered into this _ day of
, 1989, by and between the City of Fayetteville,
Arkansas ereinafter referred to as the "OWNER", and Milholland
Company, Jig1neer1ng and Surveying, Consulting Engineers of
Fayettevi le, Arkansas, hereinafter referred to as the "ENGI-
NEER",
WITNESSED THAT:
WHEREAS, the OWNER desires to Construct STUBBLEFIELD ROAD 31 feet
in width from HAROLD STREET North and East to Old Missouri Road
within the City of Fayetteville; and the OWNER desires to con-
struct Channel Improvements to Missouri Creek from the South
Right -of -Way of STUBBLEFIELD ROAD Northerly to Mud Creek; and the
OWNER desires to have a Drainage Study made of the entire
MISSOURI CREEK DRAINAGE AREA;
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.
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EXHIBIT A
SECTION 1: DESCRIPTION OF PROJECTS:
The Projects for which engineering services are to be provided
are specifically named:
PROJECT No.
PROJECT No.
PROJECT No.
1 - STUBBLEFIELD ROAD;
2 - MISSOURI CREEK IMPROVEMENTS; and
3 - MISSOURI CREEK DRAINAGE STUDY,
which are generally described as follows:
PROJECTS No. 1 & 2: STUBBLEFIELD ROAD AND MISSOURI CREEK
IMPROVEMENTS:
Preparation of Detailed Plans and Specifications, Right -of -Way
Acquisition, Bids, and Construction Management for each Indivi-
dual Improvement Project as specified herein 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 purposes of new con-
struction.
Engineering Services for said projects 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
PROJECT No. 3: MISSOURI CREEK DRAINAGE STUDY: A study of the
MISSOURI CREEK Drainage Area North of Mud Creek, developing an
inventory and analysis of existing facilities and providing a
Recommendation of new facilities for a properly designed Storm
Drainage System.
Engineering services for said Drainage Study shall be as follows:
PART I: ENGINEERING SERVICES ANALYSIS AND RECOMMENDATIONS.
SECTION 2: SCOPE OF ENGINEERING SERVICES:
PROJECTS No. 1 & 2: STUBBLEFIELD ROAD AND MISSOURI CREEK
IMPROVEMENTS:
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 Descrip-
tions for each Improvement Project. 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:
[1] Make field engineering surveys of the various sites to
e stablish the data necessary for the preparation of plans
and specifications in order to build the proposed improve-
ments. The field engineering surveys shall include the
location of all existing utilities within construction
Right -of -Ways as best can be located without excavation.
[2] Prepare a preliminary overall design and cost estimate and
✓ eview same with the OWNER prior to final design.
[3] Prepare detailed plans and specifications for the proposed
Improvements. The plans shall show the location of the con-
struction centerlines. ENGINEER shall provide OWNER with
two (2) complete sets of the plans and specifications.
[41 Meet with representatives of all involved utility companies
and governmental agencies to coordinate the overall project.
[5] Advise the OWNER as to soils investigations that might be
✓ equired and assist in the coordinating of the same.
[6] Prepare construction cost estimates.
PART I -A: RIGHT-OF-WAY ACQUISITION:
Only work as directed by the OWNER shall be done under this sec-
tion of the contract. The total fee shall not exceed $2,000.00.
All of the work described in PART I AND I -A above shall be com-
pleted in such time that the OWNER may advertise for construction
Bids within 150 days after the ENGINEER receives a "NOTICE -TO -
PROCEED" on the project.
PART II: TAKING BIDS THROUGH AWARD OF CONTRACT:
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 profes-
sional engineer to observe the overall progress and quality
o f executed work.
(2) Provide for full-time resident inspection of the proJect
construction.
[3] Provide a survey crew to lay out the project for construc-
tion, excluding any necessary land and Right -of -Way surveys.
(4] Provide a proJect engineer to manage and coordinate the con-
struction activities.
[5] Provide other personnel such as secretaries, draftsmen,
e ngineering 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 pay-
ment estimate to the contractor, including the assembly of
written guarantees which are required by the contract docu-
ments.
[7] Provide for final inspection of the project in the company
o f representatives of the OWNER, the Project ENGINEER, a
✓ epresentative of the Contractor, and any other party desig-
nated by the OWNER.
[8] Provide an "As -Built" set of drawings to the OWNER after the
Project Construction is completed.
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SCOPE OF SERVICES (Cont'd)
PROJECT No. 3: MISSOURI CREEK DRAINAGE STUDY - SCOPE OF
SERVICES:
PART I: BASIC ENGINEERING SERVICES - ANALYSIS AND
RECOMMENDATIONS:
Engineering Services for said study shall consist generally of
the following:
1. A complete Engineering analysis and inventory of all exist-
ing Storm Drainage Facilities within Creek Drainage Area:
2. An Engineering Recommendation of New Facilities for a com-
plete properly designed Storm Drainage System within the
entire Missouri Creek Drainage Area lying South of Mud
Creek.
3. The Engineering Analysis shall document the existing Storm
drainage facilities by Location and tabulations, including
sizes, shapes, materials, physical conditions, grade, capa-
city (cfs), elevation, and units.
4 The Engineering data for the Recommended New Facilities
shall be documented by Location and Tabulation, including
sizes, shapes, grades, material type, capacity (cfs), ele-
vation, units, and Estimated Construction Costs.
5. The Engineering Data Documentation shall include the
Hydraulics for the entire Drainage Area.
PART IV: CONTRACT AMENDMENTS: (PROJECTS No. 1, 2, & 3)
Contract Amendments will be considered when the scope of work is
Changed at the request of the OWNER or necessitated by some con-
dition 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.
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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:
PROJECT No. 3: MISSOURI CREEK DRAINAGE STUDY:
PART I: BASIC ENGINEERING SERVICES: Compensation for Basic
Engineering Services shall be a lump sum fee amount of
$12,500.00. This fee includes full compensation for every
item of work as described in SECTION 2, PART I.
PROJECTS No. 1 & 2: STUBBLEFIELD ROAD AND MISSOURI CREEK
IMPROVEMENTS:
A. PART I: BASIC ENGINEERING SERVICES:
Compensation for Basic Engineering Services shall be a lump
sum fee amount of $8,000.00. This fee includes full
compensation for every item of work as described in SECTION
21 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
$2,000.00.
C. PART II: BIDS THROUGH AWARD OF CONTRACT:
Compensation for "Advertisement for Bids" through "Award of
Contract" shall be a Fixed Fee of $400.00.
D. PART III: CONSTRUCTION MANAGEMENT:
Compensation for Construction Management Services described
in SECTION 2, PART III, shall be a Lump Sum fee as follows;
PROJECT No. 1: STUBBLEFIELD ROAD: A Lump Sum Fee of
$7,500.00 with a maximum Construction Time of 90
consecutive Calendar Days or less from date of "NOTICE -
TO -PROCEED" to construction contractor.
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SECTION 3.D - PART III (Cont'd)
PROJECT No. 2: MISSOURI CREEK IMPROVEMENTS: A Lump Sum
fee of $2,500.00 with a maximum construction time of 60
consecutive Calendar Days or less from date of "NOTICE -
TO -PROCEED" to construction contractor.
If the total construction time exceeds said calendar days,
then the ENGINEER shall be compensated for the additional
t ime required to work on the project, or the OWNER may
terminate this agreement by giving 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
consecutive Calendar Days from "NOTICE -TO -PROCEED" for
S TUBBLEFIELD ROAD AND to 60 consecutive Calendar Days from
"NOTICE -TO -PROCEED" for MISSOURI CREEK IMPROVEMENTS.
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 consecutive Calendar Days plus NONWORKABLE
Days;
AND, the OWNER agrees to compensate the ENGINEER per each
Calendar Day that the Construction Time exceeds said 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
S ervices 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".
.1:
SECTION 3 - COMPENSATION (Cont'd)
F. _HOURLY RATE PER CLASSIFICATION:
The hourly rates to be charged for the various classifi-
cations of personnel are set out below:
Professional Engineer $49.00 per hour
Registered Land Surveyor $35.00 per hour
Engineering Aide $25.00 per hour
Secretary $11.40 per hour
Survey Crew $46.65 per hour
Resident Inspector $20.00 per hour
Draftsman $15.00 per hour
Travel $00.25 per 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:
Ill PART I: Basic Engineering Services:
PROJECTS No. 1 & 2:
S ixty-five percent (65%) upon completion of field
e ngineering surveys and preliminary design.
Thirty-five percent (35%) upon completion of Drainage
S tudy and Recommendations (final plans and
specifications) and submittal to the OWNER.
PROJECT No. 3:
S ixty-five percent (65%) upon completion of field
e ngineering surveys and preliminary analysis.
Thirty-five percent (35%) upon completion of Drainage
S tudy and Recommendations and submittal to the OWNER.
(2] PART I -A: RIGHT-OF-WAY PLATS AND DESCRIPTIONS:
Payment to be made upon completion of the various items
o f work as directed by the OWNER.
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SECTION 3.G - METHOD OF PAYMENT (Cont'd)
(3) PART II: BIDS THROUGH AWARD OF CONTRACT:
90% after opening Bids, and
10% after Award of Construction Contract.
(4] PART III: CONSTRUCTION MANAGEMENT:
Payment to be made on a monthly basis during the
construction phase.
(5] 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 9 • GENERAL CONSIDERATIONS
A. Termination of Contract for Cause
If, through any cause, the ENGINEER shall fail to fulfill in
t imely and proper manner his obligaLions under this contract,
or if the ENGINEER shall violate any of the covenants, agree-
ments, or stipulations of the contract, the OWNER shall
thereupon have the right to terminate this contract by giving
written notice to the ENGINEER of such termination and speci-
fying the effective date thereof, at least five (5) 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
o f 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 dam-
ages 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.
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.
S uch 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
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.
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SECTION 4 (Cont'd)
(2) All the services required hereunder will be performed by
the ENGINEER or under his supervision and all personnel
e ngaged 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 correc-
t ional institution shall be employed on work under this
contract.
E. Compliance with Local Laws
The ENGINEER shall comply with all applicable laws, ordinan-
ces, and codes of the state and local governments and shall
commit no trespass on any public or private property in per-
forming any of 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.
Access to Records
The OWNER, the U.S. Department of Housing and Urban Develop-
ment, 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,
e xaminations, excerpts, and transcriptions.
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 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
w ill not vary from estimates prepared.
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SECTION 4 (Cont'd)
Insurance
The ENGINEER shall secure and maintain such
protect him from claims under the Workmen's
and from claims for bodily injury, death or
which may arise from the performance of his
this contract.
J. Successors and Assigns
insurance as will
Compensation acts
property damage
services under
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 tran-
sfer his interest in this contract without the written
consent of the other.
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SECTION 5. EQUAL OPPORTUNITY PROVISIONS
During the performance of this contract, the ENGINEER agrees as
follows:
[Ai 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.
(13] 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.
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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 inter-
est, direct or indirect, in this contract.
•
CB] 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 ENGI-
NEER further covenants that in the performance of this con-
tract, no person having any such interest shall be employed.
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SECTION 7. OTHER PROVISIONS
In connection with the project, the OWNER shall:
(AI 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 ENGI-
NEER.
(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.
(C) 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.
1E] Pay the cost of making necessary soundings, borings, analy-
ses of materials and laboratory work performed by an Inde-
pendent Certified Materials Lab exclusive of the ENGINEER's
supervision thereof.
(F) 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 copy-
righted 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.
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AGREEMENT FOR ENGINEERING SERVICES
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:
Attest:
2et4A2t& 2:0AcA49,1//
Secretary
CITY OF FAYETTEVILLE, ARKANSAS
Zthitnel 77/1(,40,./
William V. Martin', Mayor
//
MILHOLLAND COMPANY
Melvin L. Mil silind, Oner
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