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HomeMy WebLinkAbout10-92 RESOLUTIONRESOLUTION NO. 1G-92 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH NORTHWEST ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $14,220.00 PLUS A CONTINGENCY AMOUNT OF $1,422.00 FOR SEWER LINE REPLACEMENTS FOR HALL, SOUTH COLLEGE, OLIVE, CHURCH STREETS. 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 an amount not to exceed $14,220.00 plus a contingency amount of $1,422.00 for sewer line replacements for Hall, South College, Olive and Church Streets. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 21st day of January , 1992. ATTEST: By APPROVED: • .)2 By: • -- *+L'r` nr �! Mayor// l 4 AGREEMENT FOR ENGINEERING SERVICES FOR SEWER IMPROVEMENTS PROJECT NO. THiS AGREEMENT, made and entered into this of/f day of 0413, 149t, by and between the City of Fayetteville, h.r� eina0fter 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 requ'r{na the services of an Engineer; and WHEREAS, the Ena`neer 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 he provided is generally described as sewer improvements as follows: A. Replacement of private sewer lino which extends 400' oast of Olive Avenue at the intersection of Sutton Street. R. Replacement of private se_wor line nn south College Avenue which extends approximately from Fifth Street to Sixth Street. C. Disconnection of existing houses from old sewer line behind the houses on the east side of Church Street (just north of South Streetl. Reconnect to newer sewer line in front of the houses. D. Replacement of existing sewer main in Hall Avenue from Wedington Drive to a point approximately 1300' south. Section 2. Scope of Engineering Serv_ces The Engineer shall provide a suitable staff to perform all • • work and provide aTl services required to develop detailed plans, specifications and hid documents, more specifically defined as follows: A. 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 sewer mains for each of the various areas. 4. Prepare detailed construction plans and speci- fications for the project. 5. Prepare easement puts and leoa1 descriptions per proposal. E. Submit to City of Fayetteville and Arkansas S tate Health Department for approval. 7. Prepare preliminary cost estimates. B. 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 f`nal pay e stimates of work for payment to Contractor. 3. Provide the construction stakes as needed by the Contractor for proper construction of the project. Sect?nn 3. Commencement of Work and Compensation The Engineer shall commence work upon receipt of a written notice to proceed and sha " submit for approval completed puns within 30 days of that date. Revisions requested or required by the Owner and/or the Arkansas Department of Health will he made upon notification of same. Time is of the essence with this agreement. Compensation for the various types of services to he provided under this contract shall be made as follows: A. Design Fee Compensation for a' items of work described above in Section 2A shall he a lump sum fee of $7,320.0`1 and sha'1 he due and payable monthly as the work progresses. B. Rid Fee Compensation for all items of work described above in Section 2R shall he a lump sum fee of SSQO.00 and shall he due and payable upon the completion of the advertisement and acceptance of the kids for this project. C. Construction Fee Compensation for all items of work described above in Section 2C shall he a lump sum fee of 56,400.00 and shall he due and payable monthly as the work progresses. Section 4. General Considerations A. Termination of Contract for Cause 'f, through any cause, the Engineer shall fail to fulfill in timely and proper manner his obligations u nder this contract, or if the Engineer shall violate any of the covenants, agreements, or stipulations of this contract, the owner sha " thereupon have the right to terminate this contract by giving written notice to the Engineer of such termination and specifying the e ffective date thereof, at 'east five days before the e ffective 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 he entitled to receive lust and equitah'e compensation under this contract for any satisfactory work completed en such documents. Notwithstanding the above, the Engineer shall not be ✓ elieved of liability to the Owner for damages sustained by the Owner by virtue of any breach of the contract by the Fngineer, and the Owner may withheld 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. • R. Termination for Convenience of Owner The Owner -nay 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 nnginee_r to he performed hereunder. Such changes, including any increase or d ecrease 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 he 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 he fully qualified and shall he authorized or permitted under state and local law to perforin such services. 3. No person who is serving sentence in a penal or cor- rectional institution shall he 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 nn 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 no 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 he made on the basis of Engineer's experience and qualifications and represents his best judgment, being familiar with the industry, hut Engineer cannot and does not guarantee that established costs will not vary from e stimates 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, d eath 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, suh'et, 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 net 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 t reated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not he limited to, the following: Employment, upgrading, demotion or t ransfer, recruitment or recruitment advertisino; 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 he provided by the Contracting Officer setting forth the provisions for this non-discrimination clause. 33. The Engineer will, in all solicitations or advertisements for employees placed by or on behalf • of the Engineer, state that all gualified 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 Off'.cia's 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 he 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 tine so as not to delay the work of the Engineer. R. Make prevision for the employees of the Engineer to enter public and private lands as required for the Engineer to perforn necessary preliminary surveys and investigations. C. Obtain the necessary 'ands, 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 sane, bearing on the proposed work as • may he 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 he 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 he 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.FAyETTEVTI ,ee9� 1 ARKANSAS Mayor NORTJ-IWEST ENGINEERS, INC. �.._ +- Harry G. Gray, President Alvin G. Harris, Vice -President