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1280RESOLUTION NO. /~g~ A RESOLUTION FOR THE SELECTION OF ELLERS, OAKLEY, CHESTER AND RIKE FOR ENGINEERING SERVICES ASSOCIATED WITH THE UPGRADE OF THE TENN ARK RAILROAD AND THE UPGRADE OF PETRO ROAD. WHEREAS, Arkansas Code Annotated Section 19-11-801, et seq., provides the procedure for the selection and negotiation of contracts for professional services, including professional engineering services; and WHEREAS, competitive bidding for the procurement of professional engineering services is prohibited; and WHEREAS, the City of West Memphis is in need of contracting for professional engineering services for the upgrade of the Tenn Ark Railroad and for the upgrade of Petro Road in West Memphis; and WHEREAS, the engineering work for these projects is beyond the scope of general engineering services; and WHEREAS, the City of West Memphis has reviewed and evaluated the current annual statements of qualifications and performance data on file, selected the required number of firms and negotiated a contract with the firm considered the best qualified and capable of performing the desired work, that being Ellers, Oakley, Chester and Rike; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, that the selection of Ellers, Oakley, Chester and Rike to provide engineering services for the upgrade of the Tenn Ark Railroad and for the upgrade of Petro Road in West Memphis is hereby K approved and the Mayor and the Clerk are hereby authorized to execute the necessary contracts on behalf of the city of West Memphis for such professional engineering services. SPONSORED BY: ADOPTED this ~ Tµ day of February, 1992. CITY OF WEST MEMPHIS, ARKANSAS AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT, made and entered into at West Memphis, Crittenden County, Arkansas by and between the City of West Memphis, Arkansas, also referred to as "CITY", and Ellers, Oakley, Chester & Rike, Incorporated, Memphis, Tennessee, also referred to as "ENGINEER." WHEREAS, the CITY intends to reconstruct Petro Road from Club Road to Mound City Road (approximately 3000 lineal feet). WHEREAS, the services of a competent engineering firm will be required to provide engineering services related to the proposed reconstruction, and; WHEREAS, such services are of a distinct professional and non-competitive nature, and; WHEREAS, the ENGINEER is agreeable to undertake the professional engineering services under conditions and fees satisfactory to the CITY. NOW, THEREFORE, in consideration of these premises and of the mutual covenants herein set forth, the parties hereto agree as follows: THE CITY hereby employs and retains the ENGINEER who agrees to proceed, upon ~ written authorization by the CITY so to do, with all professional engineering ~ services necessary in the performance of all the items of work for the project as hereinafter set forth. PROJECT IDENTITY The project is identified as Reconstruction of Petro Road from Club Road to Mound City Road. 1 SCOPE OF SERVICES The Services, as covered by this Agreement, shall consist of providing neces- sary professional engineering services which will include: 1. Field Surveys a. Set and stake survey baseline. b. define existing centerline and profile. c. Topographic survey of roadside features. d. Cross section existing roadway. 2. Preliminary Plans a. Prepare Title Sheet. b. Prepare Typical Sections Sheet. c. Establish proposed centerline and profile in accordance with AASHTO's "A Policy on Geometric Design of Highways and Streets - 1990." d. Develop Plan and Profile Sheets with Existing Topo. e. Develop Proposed Cross Sections. f. Study existing drainage and improve within project limits as neces- sary. g. Review Preliminary Plans with the CITY and revise as necessary. 3. Construction Plans a. Prepare Detail Sheets. b. Finalize Plans developed earlier. c. Develop Specifications. d. Prepare Engineering Cost Estimate. 4. Assist in Bidding. 5. Construction Period Services a. Check Shop Drawings. b. Provide part-time construction administrtion and observation when requested. SERVICES PROVIDED BY THE CITY The CITY shall make available to the ENGINEER any and all information in its possession relevant to the project; however, the CITY will not guarantee accuracy of documents. Verification of information will become responsibility of the ENGINEER. COMPENSATION (A) FEES The CITY agrees to pay, and the ENGINEER agrees to accept, in full compensation for field surveys and design services to be performed under this Agreement, a lump sum fee of $27,000.00 for services listed under "SCOPE OF SERVICES" numbers 1, 2, 3 and 4. 2 (B) PAYMENTS The lump sum fee shall be paid in phases as indicated below: 1. Field Surveys $ 5,000.00 2. Preliminary Plans 7,000.00 3. Final Construction Plans 15,000.00 (C) CONSTRUCTION ADMINISTRATION AND OBSERVATION In the event the CITY requests the ENGINEER to perform "SCOPE OF SERVICES" item number 5, Construction Period Services, the CITY agrees to pay the ENGINEER at a rate of $35.00 per hour, invoiced monthly. The estimated not-to-exceed amount for these services is $8,000.00. (D) COMPENSATION FOR ADDITIONAL SERVICES In the event the CITY requests the ENGINEER to perform additional services not covered by the "SCOPE OF SERVICES" Section of this AGREEMENT, the ENGINEER agrees to perform the services after a mutually satisfactory supplemental written agreement is reached between the CITY and the ENGINEER defining the additional services required and compensation thereof. (E) REIMBURSABLES In the event the CITY requests the ENGINEER to obtain the services of outside consultants to perform soil testing and quality control testing during construction, or other services, the CITY will reimburse the ENGINEER on a cost of service basis. MISCELLANEOUS PROVISIONS NOTICE TO PROCEED WITH WORK The ENGINEER shall commence the professional engineering services called for under this AGREEMENT immediately upon receipt of an executed copy of this AGREEMENT. CONFERENCES AND VISITS TO SITE _ The ENGINEER agrees to attend conferences to be held at the request of the CITY and visit the site of the work at any reasonable time when requested to do so by the CITY. CONTROL All work by the ENGINEER is to be done in a manner satisfactory to the CITY and in accordance with the established customs, practices, stan- dards, and procedures of the CITY. 3 REVISIONS OF WORK It is understood that minor revisions will be made by the ENGINEER without additional compensation as the work progresses. However, should major changes be required by the CITY during the progress, or after completion of the work, for which the ENGINEER is not responsible, and which will require revisions of work otherwise satisfactorily accomplished, the ENGINEER will make the neces- sary revisions as required by the CITY and shall be paid additional compen- sation as "COMPENSATION FOR ADDITIONAL SERVICES." TERMINATION OR SUSPENSION The terms o f this AGREEMENT shall be binding upon the parties hereto until the ted cce d d d n y I I t work has be be made to p a an en complete under termenated be may AGREEMENT This dey the ENGINEER have been ma any or all of the following conditions: (A) If either party hereto shall fail or refuse to perform the terms and fault shall give d t i e n conditions of this AGREEMENT, the party no e (3) days written notice to the defaulting party of the alleged th re and if such default continues for as long as three (3) default , additional days from the date of receipt of said written notice, ult for f d i a e n then this AGREEMENT may be cancelled by the party not h thereof by the defaulting party, and all of the rights b reac the and remedies allowed by law for breach of contract shall be open to the party not in default. The waiver of any breach or written rovisions of this AGREEMENT shall not be a f an h y p o notice of breac waiver of any succeeding breach of any of the terms of this AGREE- MENT. (B) This AGREEMENT may be also terminated by mutual agreement by both AGREEMENT is thus terminated, the ENGINEER shall parties. If this be compensated on a quantum meruit basis for the full extent of his services performed to the date of such written notice. (C) This AGREEMENT, through no fault of the ENGINEER, may be terminated i n by the CITY in the event the determination is made that it is not the best interest of the CITY to continue with said project. If the ENGINEER shall be compensated inated t , erm this AGREEMENT is thus on a quantum meruit basis for the full extent of his services _ performed_to the date of such written notice. Should the CITY desire to suspend the work, but not definitely terminate the contract, this may be done by three (3) days notice given by the CITY in writing torceeandGeffecttuponareceipttby the ENGINEER bromethetCITY ofdthreemed in full fo (3) days notice in writing to that effect. LIABILITY The ENGINEER shall be liable for any damages to persons or property resulting from the negligence of the ENGINEER, his agents, servants, and employees in connection with the prosecution and completion of the work covered by this AGREEMENT. 4 GENERAL COMPLIANCE WITH LAWS The ENGINEER is assumed to be familiar with, and at all times shall observe and comply with, all Federal, State and local laws, ordinances, and regulations in any manner affecting the conduct of work, and all instructions and prohibitive orders issued by the City, State, and Federal Government. EQUAL EMPLOYMENT OPPORTUNITY In carrying out the contract work, the ENGINEER shall not discriminate against any employee or applicant for employment because of race, creed, color, nation- al origin or sex. The ENGINEER shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, national original or sex. Such action shall include, but not be limited to the following: Employment, upgrad- ing, demotion, or transfer; recruitment or recruitment compensation, and; selection for training, including apprenticeship. The ENGINEER agrees to post in conspicuous spaces, available to employees and applicants for employment, a notice to be provided by the Government, setting forth the provisions of this nondiscrimination clause. The ENGINEER shall, in all solicitations for adver- tisements for employees placed by, or on behalf of, the ENGINEER, state that all qualified applicants shall receive consideration for employment without regard to race, creed, color, national origin, or sex. The ENGINEER shall incorporate the foregoing requirements of this paragraph in all subcontracts for services covered by this AGREEMENT. SUCCESSORS AND ASSIGNS The CITY and the ENGINEER each binds himself, his partners, successors, execu- tors, administrators and assigns to the other Party of this AGREEMENT, and the assigns of such other party, in respect of all covenants of this AGREEMENT. IN WITNESS WHEREOF, we have hereunto set our hands and seals this loth day o f February , 19 9 2 CITY OF WEST MEMPHIS,~RKANSAS ELLERS, OAKLEY, CHESTER & RIKE, INC. petrord:proposal