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HomeMy WebLinkAbout15-91 RESOLUTION• • RESOLUTION NO. 15-91 A RESOLUTION AUTHORIZING A CONTRACT WITH ' NORTHWEST ENGINEERS, INC. TO PROVIDE SERVICES IN CONJUNCTION WITH PUBLIC IMPROVEMENTS IN THE COMMUNITY DEVELOPMENT TARGET AREA. fE D 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 Northwest Engineers, Inc. in the amount of $4,110.00 to provide services in conjunction with public improvements in the Community Development Target Area. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 5th SATTEST:, 5-4 Sty- City Cl rkUi �, -- '* r` J'fT `{t��� day of February APPROVED: 1991. Mayor I re • • • AGREEMENT FOR ENGINEERING SERVICES FOR COMMUNITY DEVELOPMENT TARGET AREA PUBLIC IMPROVEMENTS RFP 90-18 THIS AGREEMENT, made and entered into this 5th day of February , 1991, 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 or studies 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 enyineeriny 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 the development of a scope of work in conjunction with public improvements to streets, sidewalks, storm drainage and associated work in the Community Development Target Area. The work to be undertaken is located within the following boundaries: A. Watson Street - Campbell to St. Charles B. Thompson Street - Lafayette to Watson C. Rollston Street- Lafayette to Watson D. Campbell Street - Lafayette to Watson E. Boles Street - Thompson to St. Charles Section 2. Scope of Engineering Services The Engineer shall provide a suitable staff to perform all work and provide all services required to develop a scope of construction for the above referenced Target Area, make recommendations concerning specific construction work items, and develop cost estimates,more specifically defined as follows: A. Preparation of Preliminary Engineering Report 1. Conduct field investigation of all streets in Target Area to determine existing conditions and physical features which will have an affect on the limits and types of improvements needed. 2. Analyze all field information and prepare an overall site plan of the Target Area for planning purposes. 3. Meet with City Staff to review local conditions in Target Area and for advisement in determining the scope of proposed construction items. B. Preparation of Final Engineering Report 1. A report will be prepared by Northwest Engineers which will define the proposed Scope. of Construction for the Target Area, and will make recommendations concerning specific construction work items and material as determined in the field and by City Staff recommendations. 2. The overall site plan will be amended to include the proposed improvement items within the Target Area, and will be submitted as part of the Final Engineering Report. C. Preparation of Cost Estimates 1. A construction cost estimate, based on the engineering report and City Staff recommendations, will be prepared and submitted with the final engineering report 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 an engineering report and overall site plan within 22 days of that date. Compensation for the engineering services for the development of a Scope of Work in the Target Area shall'be a lump sum of $4,110.00 and shall be payable upon the completion and submittal of the engineering report. 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. Any approved additional work shall be performed at the following wage schedule: Engineer I Engineer II Land Surveyor Draftsman Technician/Inspector Survey Crew $50.00/hour $40.00/hour $40.00/hour $25.00/hour $20.00/hour $60.00/hour 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 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. H . 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. 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 Ihterest 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 Enyineer 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. CITY OF FA ATTEST: • • ETTEV;LLQ, ARKANSAS Fred Vorsanger, Mayo NORTHW .T ENGINEERS, INC. Alvin G. Harris, Vice -President Harry G. Gray, President •