HomeMy WebLinkAbout106-90 RESOLUTIONRESOLUTION NO. 106-90
A RESOLUTION APPROVES A CONTRACT BETWEEN THE
CITY AND NORTHWEST ENGINEERS, INC. FOR PUMP
STATION IMPROVEMENTS AND APPROVAL OF A BUDGET
ADJUSTMENT.
,. BE IT RESOLVED BY THE, BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE,"ARKANSAS: i ` -
Section 1. That the Mayor and City Clerk are hereby
authorized and„ directed to execute a -,contract with Northwest
Engineers, Inc. ..for'Pump Station Road Improvements. A copy of the
contract authorized for execution hereby is'attached hereto marked
Exhibit "A" and made a part hereof.
y
Section 2 , That the, •Board Of -Directors hereby approves a
budget adjustment in the amount of $20,500. A copy of the budget
adjustment is attached hereto marked Exhibit "B" and made a part
hereof.
PASSED AND APPROVED this 3rd day of July
, 1990.
CITY OF FAYETTEVILLE, ARKANSAS
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ACCOUNT INFORMATION
REQUIRING BOARD APPROVAL
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ET CCORDINAT
ASSISTANT CITY
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NORTHWEST ENGINEERS, INC.
524 W. SYCAMORE ST. • P.O. BOX 1173 • FAYETTEVILLE, ARKANSAS 72702 • (501) 443-4535
June 19, 1990
Mr. Donald R. Bunn
City Engineer
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
RE: Engineering Services
Pump Station Rd, Improvements
Dear Mr. Bunn:
We appreciate the opportunity to present a proposal for
engineering services required for certain street improvements
to be made in the City industrial park.
We propose to provide the design services for the
project for a lump sum fee of $9,140.00 and the construction
phase engineering services for a lump sum fee of $10,780.00.
Attached is our estimate of the time required and the costs
for the various services required for the work.
We propose to complete the design of the project within
21 days of a "Notice to Proceed" with the work.
We hope that you find this Proposal satisfactory and
look forward to working on the project.
Sincerely,
Harry, G.(Gray, P.E.
HGG/kmd
Attachment
Estimate of Engineering Costs
Psup station:R Imrovement at -Industrial Parkayepevie, rkansas
June 19, 1990
I. Preliminary Work
Preliminary meetings, (Engineer) 4 hours @ $50.00
Locate existing utilities, 16 manhours @ $20.00
Survey to establish R/W, 16 hours @ $60.00
Survey for design, 20 hours @ $60.00
Note reductions, etc. (Technician)
12 hours @ $25.00
Draftsman, 24 hours @ $25.00
Principal Engineer, 6 hours @ $60.00
Soils Testing
II. Project Design
Design Engineer, 40 hours @ $50.00
Principal Engineer, 8 hours @ $50.00
Draftsman, 24 hours @ $25.00
Specifications and Bid Documents
Printing Costs
$ 200.00
$ 320.00
$ 960.00
$1,200.00
$ 300.00
$ 600.00
$ 360.00
$1,500.00
$5,440.00
$2,000.00
$ 400.00
$ 600.00
$ 600.00
$ 100.00
$3,700.00
III. Construction Phase
Inspector, 40 days @ $160.00
Project Engineer, 30 hours @ $50.00
Principal Engineer, 8 hours @ $60.00
Construction Staking, 40 hours @ $60.00
•
$ 6,400.00
$ 1,500.00
$ 480.00
$ 2,400.00
$10,780.00
AGREEMENT FOR ENGINEERING SERVICES
FOR
STREET AND STORM DRAINAGE IMPROVEMENTS
cc-- ----
Pump Station Rd."Improvements--at-indusf Pial Park
THIS AGREEMENT, made and entered into this 1rd day of
July , 1990, 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 "Engineer".
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 equipment to perform the work described in this
Agreement;
Now THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the Owner and 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 for the compensation as
hereinafter set out.
Section`1. Description of Project
The project for which engineering services are to be provided
is generally described as street and storm drainage
improvements as follows:
A. Improvement of Pump Station Road from Morningside
Drive east to the existing concrete paving.
B. Improvement of Pump Station Road from Armstrong
Avenue east to the end of the street.
Addition of a turning and stacking lane approxi-
mately 400 feet in length on Armstrong Avenue at
the State Highway 16 intersection.
Section 2. Scope of Engineering Services
The Engineer shall provide a suitable staff to perform all
work and provide all services required to develop detailed
plans, specifications and bid documents, more specifically
defined„as follows:
•
A. Land Surveys
1. Provide surveys necessary to establish the
existing right-of-way based upon legal descrip-
tions and/or plats to be provided by the City.
B. Soil Testing
1. Obtain soil testing adequate to determine the
paving section required for the street.
Construction Plans, Specifications and Bid Documents
1. Perform detailed field surveys to establish data
necessary for the preparation of construction
plans.
2. Locate all existing utilities as best can be
determined without excavation through co-
ordination with the various utility companies.
3. Design street and storm drainage structures.
4. Prepare detailed construction plans and speci-
fications for the project.
5. Prepare any permit applications required for
Highway Department approval.
6. Prepare preliminary cost estimates.
D. Advertising and Acceptance of Bids
1. Assist the Owner with the advertising for bids,
acceptance of bids and recommendation of bid
award.
Construction Staking and Inspection
1. Provide full-time inspection of the work to
insure compliance of construction with the plans
and specifications.
2. Prepare and submit periodic and final pay
estimates of work for payment to Contractor.
3. Provide the construction stakes as needed by the
Contractor for proper construction of the
project.
Section 3. Commencement of Work and Compensation
The Engineer shall commence work upon receipt of a written
notice to proceed and shall submit for approval completed
plans within 21 days of that date. Revisions requested or
required by the Owner and/or the Arkansas Highway and
Transportation Department will be made upon notification of
same. Time is of the essence with this agreement.
Compensation for the various types of services to be provided
under this contract shall be made as follows:
Design Fee
Compensation for all items of work described above in
Section 2A, 2B, 2C, and 2D shall be a lump sum fee of
$9,140.00 and shall be due and payable monthly as the
work progresses.
B. Construction Fee
Compensation for all items of work described above in
Section 2E shall be a lump sum fee of $10,780.00 and
shall be due and payable monthlyas the work progresses.
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
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 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
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 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
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 represented that he has, or will secure
at his own expense, all personnel required in per-
forming 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 cor-
rectional 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.
F. Access to Records
The Owner 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
audit, examination, excepts, and transcriptions.
G . 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 cost provided are to
be made on the basis of Engineer's experience and
I .r
•
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
estimates prepared.
Insurance
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.
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:
A. 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 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, notices 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 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.
Section 6. Conflict of Interest
A. 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.
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 described project area of 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:
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.
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 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 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.
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.
IN WITNESS WHEREOF, the Owner has caused there 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 setout.
_ � t
.r? ATTEST:
.01
-Sherry Thos, City Clerk
N
ATTEST:
otiA'/uu (r.l Lyda)
CITY OF FAYETTEVILLE, ARKANSAS
William Mart' , Mayor
NORTH . T ENGINEERS, INC.
2 Harry . Gray, President
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RF.SOLf1TTON NO. 46-90
A• RESOLUTION APPROVING THE AGREEMENT WITH THE
ARKANSAS INDUSTRIAL DEVELOPMENT COMMISSION FOR
A $125,000 TO MAKE ROAD IMPROVEMENTS TO THE
EXISTING INDUSTRIAL PARK.
•
BF TT RFSOE VPI) BY TME BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVITL.E, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute an agreement for road.
improvements to the existing industrial park with Arkansas
Industrial Development Commission in the amount of $125,000.00. A
copy of the agreement authorized for execution hereby is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 20th day of March
ATTEST:
By
APPROVED:
agev
Mayor
1990.
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Estimate of Engineering Costs
Pump':Station.Rd; •Improvements at Industrial Park
aye evi e,_ Arkansas
June 19, 1990
Preliminary Work
•
Preliminary meetings, (Engineer) 4 hours @ $50.00
Locate existing Utilities, 16 manhours @ $20.00
S urvey to establish R/W, 16 hours @ $60.00
S urvey for design, 20 hours @ $60.00
Note reductions, -etc. (Technician)
12 hours @.$25.00
Draftsman, 24 hours @ $25.00
Principal Engineer, 6 hours @ $60.00
S oils Testing
II. Project Design
Design Engineer, 40 hours @ $50.00
Principal Engineer, 8 hours @ $50.00
Draftsman,..24 hours @ $25.00
Specifications and Bid Documents
Printing Costs
III. Construction Phase
Inspector, 40 days @ $160.00
Project Engineer, 30 hours @ $50.00
Principal Engineer, 8 hours @ $60.00
Construction Staking, 40 hours @ $60.00
•
$ 200.00
$ 320.00
$ 960.00
$1,200.00
$ 300.00
$ 600.00
$ 360.00
$1,500.00
$5,440.00
$2,000.00
$ 400.00
$ 600.00
$ 600.00
$ 100.00
$3,700.00
$ 6,400.00
$ 1,500.00
$ 480.00
$ 2,400.00
$10,780.00
•
AGREEMENT FOR ENGINEERING SERVICES
FOR
STREET AND STORM DRAINAGE IMPROVEMENTS
Pump Station Rd. Improvements at Industrial Park
THIS AGREEMENT,'made and entered into this day of
1990, 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 "Engineer"
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 equipment to perform the work described in this
Agreement;
Now THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the Owner and 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 for the compensation as
hereinafter set out.
Section 1. Description of Project
The project for which engineering services are to be provided
is generally described as street and storm drainage
improvements as follows:
A. Improvement of Pump Station Road from Morningside
Drive east to the existing concrete paving.
B. Improvement of Pump Station Road from Armstrong
Avenue east to the_end of the street.
Addition of a turning and stacking lane approxi-
mately 500feet in length on Armstrong Avenue at
the State Highway 16 intersection.
Section 2. Scope of Engineering Services
The Engineer shall provide a suitable staff to perform all
work and provide all services required to develop detailed
plans, specifications and bid documents, more specifically
defined as follows:
EXHIBIT A
A. Land Surveys
1. Provide. surveys necessary to establish the
existing right-of-way based upon legal descrip-
t ions and/or plats to be provided by the City.
Soil Testing
1: Obtain soil testing adequate to determine the
paving section required for the street.
Construction Plans, Specifications and Bid Documents
1. Perform detailed field surveys to establish data
necessary for the preparation of construction
plans.
2. Locate all existing utilities as best can be
determined without excavation through co-
ordination with the various utility companies.
Design street and storm drainage structures.
4. Prepare detailed construction plans and speci-
f ications for the project.
Prepare any permit applications required for
Highway Department approval.
Prepare preliminary cost estimates.
D. ,.Advertising and Acceptance of Bids
1. Assist the Owner with the advertising for bids,
acceptance of bids and recommendation of bid
award.
E. .Construction Staking and Inspection
1. Provide full-time inspection of the work to
insure compliance of construction with the plans
and .specifications. -.
▪ 2. Prepare and submit periodic and final pay
e stimates of work for payment to Contractor.
•
Provide the construction stakes as needed by the
Contractor for proper construction of the
project.
Section 3. Commencement of Work and Compensation
The Engineer shall commence work upon receipt of a written
notice to proceed and shall submit for approval completed
plans within 21 days of that date. Revisions requested or
required by the Owner and/or the Arkansas Highway and
Transportation Department will be made upon notification of
same. Time is of the essence with this agreement.
Compensation for the various types of services to be provided
under this contract shall be made as follows:
A. Design Fee
Compensation for all items of work described above in
Section 2A, 2B, 2C, and 2D shall be a not to exceed fee of
$9,140.00 and shall be due and payable monthly as the
work progresses.
B. Construction Fee
Compensation for all items of work described above in
Section 2E shall be a not to exceed fee of $10,780.00 and
shall be due and payable monthly as the work progresses.
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
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 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
as the exact amount of damages due the Owner from the
Engineer is determined.
Termination for Convenience of Owner
The Owner may terminate this contract any time by 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
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 represented that he has, or will secure
at his own expense, all personnel required in per-
forming the services under this contract. Such
personnel shall not be employees of or have any
contractual relationship with the Owner.
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 cor-
rectional 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.
Access to Records
The Owner 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
audit, examination, excepts, and transcriptions.
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 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
estimates prepared.
Insurance
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.
I. 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: ,
A 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 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, notices to be
provided by the Contracting Officer setting forth
the provisions for this non-discrimination clause.
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.