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HomeMy WebLinkAbout50-89 RESOLUTIONis& RESOLUTION NO. 50-89 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH MILHOLLAND COMPANY FOR ENGINEERING SERVICES FOR IMPROVEMENTS TO BLOCK AVENUE FROM ROCK STREET SOUTH TO ARCHIBALD YALE BOULEVARD. 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 Company for engineering services for improvements to Block Avenue from Rock Street south to Archibald Yale Boulevard. A copy of the contract authorized for execution is attached hereto marked Exhibit "A" and made a part hereof. . , •,1 PASSED AND APPROVED this 6th day of June , 1989. APPROVED By: dia.4;417/24;1/1.4r«/2 Mayor -- AGREEMENT FOR ENGINEERING SERVICES FOR BLOC* AVENUE IMPROVEMENTS AGREEMENT FOR ENGINEERING SERVICES FOR BLOCK AVENUE IMPROVEMENTS E-250 (REF: RFP 89-11) THIS AGREEMENT, made and entered into this d? day of 1989, by and between the City of Fayetteville, Arkansas, erein- after referred to as the "OWNER", and Milholland Company, Engi- neering and Surveying, Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "ENGINEER", WITNESSED THAT: WHEREAS, the OWNER desires to Construct Block Avenue from Rock Street to Archibald Yell Blvd.; 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: BLOCK AVENUE IMPROVEMENTS: Design, Acquisition, Bids, and Con- struction Management of a 31 foot back-to-back street in a 50 foot roadway, grading, base and hard surface pavement per City of Fayetteville Street Specifications; provide City Street Depart- ment Right -of -Way maps and necessary Right -of -Way Descriptions from Rock Street to Archibald Yell Blvd. Engineering Services for said proJect shall be separated into two (2) parts as follows: PART I: "DETAILED PLANS AND SPECIFICATIONS PLUS SURVEYS FOR EASEMENT PURPOSES" AND "BID LETTING THROUGH AWARD OF CONTRACT" PART II: "CONSTRUCTION MANAGEMENT" E-250 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 2 SCOPE OF ENGINEERING SERVICES The ENGINEER shall provide a suitable staff to perform Basic Engineering Services, Bid Documentation and Construction Manage- ment, including necessary 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: A. 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 establish the data necessary for the preparation of plans and specifications in order to build the contemplated improvements. The field engineering surveys shall include the location of all existing utilities within street Right - of -Ways as best can be located without excavation. (2) Prepare a preliminary overall design and cost estimate and review same with the OWNER prior to final design. [3] Prepare plans and specifications for the proposed improve- ments. The plans shall show the location of the street centerlines. ENGINEER shall provide OWNER with two (2) complete sets of the plans and specifications. [4] 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 required and assist in the coordinating of the same. The cost of the soils investigations shall be borne by the OWNER. (6) Prepare construction cost estimates. (71 Assist the OWNER in the advertising for and receiving of construction bids, including recommendation of construction contract award. PART I -A: RIGHT-OF-WAY ACQUISITION: Only work as directed by the OWNER shall be done under this sec- tion of the contract. All of the above described work shall be completed in such time that the OWNER may receive construction within 60 days after the ENGINEER receives a "NOTICE -TO -PROCEED" on the proJect. Time is expressly made of the essence of this Agreement. E-250 PART II: 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 of executed work. [2] Provide for necessary 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, 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 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 of representatives of the OWNER, the project engineer, a representative of the contractor, and any other party desig- nated 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. E-250 2 SECTION 3. COMPENSATION: Compensation for Professional Services shall not be more often than monthly; the OWNER shall make payment to Engineer for said services within fifteen (151 days after issuance of invoice. Compensation for the various types of services to be provided under this contract shall be made as follows: A. PART I: BASIC ENGINEERING SERVICES THROUGH AWARD OF .CONTRACT: Compensation for basic engineering services shall be a lump sum fee amount of $4,615.00. This fee includes full compen- sation for every item of work as described in SECTION 2, PART 1. The fee is based on an estimate of the various classifi- cations of work at an hourly rate. The hourly rates include direct labor costs plus allowances for indirect labor costs, overhead, and profit. PART I -A: RIGHT-OF-WAY ACQUISITION: Compensation for PLATS AND DESCRIPTIONS for Additional street Right -of -Ways and/or Drainage Easements shall be based on the hours of work actually required. The rates to be based on charges for the various classifications of personnel shall be identical to those set out under Section 3-C. Only work as directed by the OWNER shall be done under this section of the contract. B. PART II: CONSTRUCTION MANAGEMENT: Compensation for Construction Management Services described in SECTION 2, PART II, shall be based on the estimated hours of the various classifications of employees that may be necessary to perform the work. The total fee shall be a Lump Sum of $3,040.00 so long as the total construction time is 45 calendar days or less from the date of the "NOTICE -TO -PRO- CEED" to the construction contractor. If the total construc- tion time exceeds 45 consecutive calendar days, then the ENGINEER shall be compensated for the additional time the various classifications of employees are required to work on the project or the OWNER may terminate this agreement by giv- ing the ENGINEER written Notice of Termination. E-250 4 1 1 1 1 1 1 1 1 I 1 1 1 1 •1 1 C. HOURLY RATE PER CLASSIFICATION: The hourly rates to be charged for the various classifica- tions of personnel are set out below: HOURLY RATE PER CLASSIFICATION: Professional Engineer $49.00 per hour Registered Land Surveyor • • • $35.00 per hour Engineering Aide $25.00 per hour Secretary $13.50 per hour Survey Crew $46.65 per hour Resident Inspector $20.00 per hour Draftsman $18.00 per hour Travel $00.25 per mile The hourly rates shown above include total compensation to the ENGINEER for all EXTRA expenses for said services described in SECTION 2 above. D. METHOD OF PAYMENT: Partial payments to the ENGINEER shall be made monthly as long as the accumulative of payments do not exceed the following: E-250 [1] PART I: Basic Engineering Services: S ixty-five percent (65%) upon completion of field engi- neering surveys and preliminary design. Thirty percent (30%) upon completion of final plans and specifications and submittal to the OWNER. Five percent (5%) after opening BIDS and Recommendation o f Award of Construction Contract. [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. [3] PART II: CONSTRUCTION MANAGEMENT: Payment to be made on a monthly basis during the con- struction phase. <a5 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 con- tract, or if the ENGINEER shall violate any of the cove- nants, agreements, or stipulations of the contract, the OWNER shall thereupon have the right to terminate this con- tract by giving written notice to the ENGINEER of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termi- nation. In such event, all finished or unfinished docu- ments, 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 re- lieved 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. 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 of the services of the ENGINEER to be performed here- under. 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. E-250 6 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 relation- ship with the OWNER. [2] All the services required hereunder will be performed by the ENGINEER or under his supervision and all per- sonnel 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 correc- tional institution shall be employed on work under this contract. E . COMPLIANCE WITH LOCAL LAWS The ENGINEER shall comply with all applicable laws, ordi- nances, 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. 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 o f the OWNER; provided, however, that claims for money due or to become due the ENGINEER from the OWNER under this con- tract may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, with- out such approval. Notice of any such assignment or trans- fer shall be furnished promptly to the OWNER. G . ACCESS TO RECORDS The OWNER, the U.S. Department of Housing and Urban Develop- ment, the Comptroller General of the United States, or any o f 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. E-250 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 estimates of costs provided are to be made on the basis of the ENGINEER's experience and qualifications and repre- sent his best judgment, being familiar with the industry, but the ENGINEER cannot and does not guarantee that esta- blished costs will not vary from estimates prepared. INSURANCE The ENGINEER shall secure and maintain such insurance as will protect him from claims under the Workmen's Compensa- t ion acts and from claims for bodily injury, death or pro- perty 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 trans- fer his interest in this contract without the written con- sent of the other. E-250 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. [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. E-250 9 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 inte- rest, direct or indirect, in this contract abandon. [Ell 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. ICI 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. E-250 10 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. [8] 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. [0] 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 1 OWNER. [E] 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. 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 1 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,coples .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. 1 E-250 11 1 I 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 C datc Attest: tue,14_wz Secretary CITY OF FAYETTEVILLE, ARKANSAS Bill Martin, Mayor Pn(a° Melvin L. Milholland, Owner E-250 12