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HomeMy WebLinkAbout76-91 RESOLUTION• MICROFILMED RESOLUTION NO. 76-91 A RESOLUTION APPROVING A ENGINEERING CONTRACT WITH CRAFTON, TULL & ASSOCIATES IN CONJUNCTION WITH THE PUBLIC IMPROVEMENTS IN THE COMMUNITY DEVELOPMENT TARGET AREA. 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 engineering contract with Crafton, Tull & Associates in the amount of $27,902.00 in conjunction with the Community Development Target Area for public improvements. 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 May , 1991. APPROVED: �cQ�` By: ' 45-c>tid Mayo jATTEST: Sri lBy City Cer T h. h �- 1 •• IS • AGREEMENT For ENGINEERING SERVICES For STREET IMPROVEMENTS THIS AGREEMENT, made and entered into this 7th day of May, 1991, by and between the CITY OF FAYETTEVILLE, APEANSAS, hereinafter referred to as the "Owner", and CRAFON, TULL & ASSOCIATES, INC., Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "Engineer". WITNESSt n1 THAT: - WHEREAS, the Owner desires to improve, construct or reconstruct Watson, Rollston, Thompson, and Boles Streets, within the City of Fayetteville; 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 PROTECT The Engineer shall perform all work and provide all services required to develop detailed plans and spedfications and to provide construction management for the construction of certain improvements to Watson, Rollston, Thompson, and Boles Streets. The scope of work is as follows: o Tb prepare detailed plans and specifications that will include the improvement items as outlined in the Engineering Report previously prepared by others, a copy of which was furnished to the Engineer by the Owner. It is understood that the Engineering Report mentioned herein is general in nature and the final design may vary from the report. o To provide surveys as necessary to prepare the plans and specifications. o Tb prepare preliminary cost estimates. o To assist in taking of bids and to make reoomadations for bid aware. o To provide construction management which includes on-site observation, as well as office work to prepare pay requests, etc. o Tb prepare resorb drawings when the cors truction is complete. Section 2. COMPENSATION The basisof compensation for this contract is further detailed on the attadied part 1 and Fart 2, "Got or Price S.mmary Format for Contracts under U.S..MUD Contracts". Conpensation for the services to be provided underthis agreement shall be made as follows: 1. A lunp o<an price of Eighteen TMausauxl Six Hundred Forty SiX Dollars (518,646.00), shill be paid for co pleting the detailed • plans and specifications through bids and award recommendation. 2. Payment for the oonstructi0l management phase Shall be at the lump sum prior of Eight 'lhousard 2Wo Hundred Fifty Six Dollars ($8,256.00). 3. In the avant it becomes necessary to prepare easement or right-of- way plats, the payment for the preparation of these plats shall be in accordance with the attactral hourly rates in EX iibit "A". Estimated cost of this additional work is $1,000.00. Partial payments to the Engineer shall be made as follows: i. Ninety percent (90%) of the lump sum price for completing the detailed pians and specifications when these doaaeents are submitted to tie Owner. 2. Ten percent (10%) of the lump clan price for completing the detailed plans and specifications when bids are received and award recommendation is made to the owner. 3. Payment for the construction management shall be made on a monthly basis during the construction period. 4. payment for preparation of easements or right-of-way plats shall be made when the work is completed. Section 3. 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 hereof, 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 Ownerfor 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, fIOtu 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. 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 gEM 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 government 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 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 audit, examination, excerpts, and transcriptions. H. Estimates Since 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 Engineer's experience and qualifications and present his best judgment, being familiar with the industry, but engineer cannot and does not guarantee that established costs will not vary frwm estimates prepared. I. Insurance Enngineer shall secure and maintain such insuiance as will protect him from claims under the Workmen's compensation Acts and frau claims for wily 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 4. DQUAL OPPOR UNITY PROVISIONS During the performs 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 applicant 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 ootpcnsation; 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 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. Section 5. 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. 5 • 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 dAccibed 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 6. OTHER PROVISIONS In connection with this project, the Owner shall: A. Give thorough consideration to all doaments 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 provisions 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. E. Pay the cost of making necessary soundings, borings, analyses of materials and laboratory work exclusive of the Engineer's supervision thereof. Pay all plan review costs and all cost of advertising in connection with the project. All plans and specification prepared by the Engineer under this contract shall become the property of the City and may be used by the City for construction purposes upon payment of the consideration due the Engineer hereunder for preparation of said plans and specifications. The Engineer, at the Engineer's expense, Shall furnish the Owner two copies of "as -built" drawings of each phase of the project. 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. 6 IN WITNESS WHEREOF, the Owner has caused these present 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 seal on the date heretofore set out. Attest: CITY OF FAYEITEVILLE, ARKANSAS ?g'r FRED VOI MAYOR CTIq CIERK �itib�� Attest: CRAnON, TULL & ASSOCIATES, INC. LkI+I T[TiS,, SEarAITIC B H. N, PRESIDE��k 7 • CRAFTON, TULL i ASSOCIATES, INC. FEE SCHEDULE EFFECTIVE APRIL 30, 1989 ARCHITECT/ENGINEER ARCHITECT/ENGINEER ARCHITECT/ENGINEER ARCHITECT/ENGINEER V ARCHITECT/ENGINEER IV ARCHITECT/ENGINEER III ARCHITECT/ENGINEER II ARCHITECT/ENGINEER I PROFESSIONAL VIII PROFESSIONAL VII PROFESSIONAL VI PROFESSIONAL V • • PROFESSIONAL IV PROFESSIONAL III ADMINISTRATIVE ASSISTANT II ADMINISTRATIVE ASSISTANT I INSPECTOR III - INSPECTOR II INSPECTOR I PARTY CHIEF INSTRUMENT MAN ROD MAN CAD OR PERSONAL COMPUTER WITH PLOTTER PERSONAL COMPUTER $65/HR $60/HR $55/HR $50/HR $45/HR $40/HR $35/HR $30/HR $45/HR $40/HR $35/HR $30/HR $25/HR $20/HR $20/HR $15/HR $35/HR $30/HR $25/HR $27/HR $20/HR $13/HR $20/HR $10/HR • • I. GRANTEE COST SUMMARY FOR CONTRACTS UNDER U.S. UHuu Part 1 PART I -GENERAL City of Fayetteville, Arkansas 3. NAME OF CONTRACTOR OR SUBCONTRACTOR CRAFTON, TULL & ASSOCIATES, INC. 5.AOORESS OF CONTRACTOR OR SUBCONTRACTOR P.O. Box 1905 103 N. College Fayetteville, Arkansas 7. DIRECT LABOR Survey Crew (3 men) Engineer Supervisor Design Engineer Draftsmen Secretary B. INDIRECT COSTS t KANTS 2. GRANT NUMBER 4. DATE OF PROPOSAL April 11, 1991 6. TYPE OF SERVICE TO BE FURNISIfD Plans & Specifications Street improvements for Watson, 72701 Rollston, Thompson, and Boles Streets - RFQ 91-3 PART DIRECT LABOR TOTAL Overhead: (Emp. Taxes, Ins., etc.) INDIRECT 9. OTHER DIRECT COSTS A. TRAVEL (I) TRANSPORTATION (2) PER DIEM COSTS TOTAL TRAVEL SUBTOTAL B. EQUIPMENT,MATERIALS, SUPPLIES Reproduction Survey Supplies EQUIPMENT SUBTOTAL C. SUBCONTRACTS SUBCONTRACTS D. OTHER SUBTOTAL OTHER SUBTOTAL E. OTHER DIRECT COSTS TOTAL 10. TOTAL ESTIMATED COST N. PROFIT OR CONTINGENCY 12. TOTAL PRICE II -COST SUMMARY ESTIMATED HOURS 80 60 160 87 20 HOURLY RATE $ 24.00 23.00 14.40 11.20 8.10 ESTIMATED COST $ 1,920.00 1,380.00 2,304.00 974.40 162.00 TOTALS ////////%///////////////////Al$/ 6 ESTIMATED �/ COST RATE 1.50 >< BASE 2 $ $ 6,740.40 10,110.60 $ %222/////4/////// QUANTITY COST ////// $ 10,110.60 ESTIMATED COST ESTIMATED COST S 60.00 40.00 :�/,//,!g//,'/,//////// 100.00. ESTIMATED COST $ f'/////////4'//////////, $ U///////// ESTIMATED COST $ /////2222// s /////////////////// $ 100.00 $ 16,951.00 $ 1,695.00 $ 18,646.00 COST SUMMARYC FUN CUM KAU 15 UNUtrt Part 2 PART 1 -GENERAL 1. GRANTEE City of Fayetteville, Arkansas 3. NAME OF CONTRACTOR OR SUBCONTRACTOR CRAFTON, TULL & ASSOCIATES, INC. 5.ADDRESS OF CONTRACTOR OR SUBCONTRACTOR P.O. Box 1905 103 N. College Fayetteville, Arkansas 72701 PART 7. DIRECT LABOR Engineer Supervisor Inspector Secretary DIRECT LABOR TOTAL B. INDIRECT COSTS Overhead: (Emp. Taxes, Inc., etc.) 9. OTHER DIRECT COSTS A. TRAVEL _l1) TRANSPORTATION 112) PER DIEM INDIRECT COSTS TOTAL TRAVEL SUBTOTAL 8. EQUIPMENT,MATERIALS, SUPPLIES • C. SUBCONTRACTS D. OTHER EQUIPMENT SUBTOTAL SUBCONTRACTS SUBTOTAL OTHER SUBTOTAL E. OTHER DIRECT COSTS TOTAL 10. TOTAL ESTIMATED COST H. PROFIT OR CONTINGENCY 12. TOTAL PRICE U.S. Ur1Uu unitiN I S 2. GRANT NUMBER 4. DATE OF PROPOSAL April 11, 1991 6. TYPE OF SERVICE TO BE FURNISHED Construction Management Street improvements for Watson, Rollston, Thompson and Boles Streets - RFQ 91-3 II -COST SUMMARY ESTIMATED HOURS 40 160 20 HOURLY RATE S 23.00 12.00 8.10 ESTIMATED COST $ 920.00 1,920.00 162.00 TOTALS j/ r////////////////////////////////,I $ 3.002. 0 ESTIMATED �j�� RATE x BASE • COST $ S 1.50 3002 4,503 S S /////////MW/////// $ QUANTITY COST S $ ///S 4,503.00 /j A ESTIMATED COST ESTIMATED COST '//,///// / f ///////// ESTIMATED • COST S ///r/// ESTIMATED COST ///////////. ////////// S ///////////////////s $ 7,505.00 $ 751.00 $ 8,256.00 •