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HomeMy WebLinkAbout11-18-1963 Special MeetingMinutes of a Special Meeting of the City Council of the City of Fairhope, Alabama held on the 18th day of November, 1963. The City Council of the City of Fairhope, Alabama, met in special session at the City Garage Building on the 18th day of November, 1963 at 7:30 P.M. The meeting was called to order by Joe Schneider, Mayor, who presided and on roll call the following were found to be present: Mayor Schneider, Councilmen: Boone, Gaston, Nelson, Poser and Spader. Each member of the Council signed waiver of notice of and consent to the holding of such meeting. Mr. Plummer, State Highway Department, and 111�1r. Moore, Engineer, met with the Council in connection with relocation of gas line from meter station south of Bay Minette to Stapleton. Motion by Councilman Poser seconded by Councilman Nelson that the Mayor and City Clerk be authorized to sign agreement for utility relocation on public right-of-way with the State High- way Director. Upon being put to vote the following vote was recorded: For: Mayor Schneider, Councilmen: Boone, Gaston, Nelson, Poser and Spader. Against: None. Motion carried. Motion by Councilman Boone seconded by Councilman Poser that the Mayor and City Clerk be authorized to sign agreement with Byrd L. Moore & Company as Engineer for preparing plans .for and supervising relocation of gas line subject to the approval of the City Attorney. Potion carried. The Council discussed the Daphne Gas Contract, Daphne Water Line and Washington Drive West paving contract but no action taken. Motion by Councilman Boone seconded by Councilman Gaston that the meeting adjourn. Motion carried. May o r Attest : City Clerk 3 Ll The undersigned Mayor and Councilmen of the City of Fairhope hereby waive notice of the calling and holding of a "special meeting of the City Council of the City of Fairhope to be held at the City Garage Building in the City of Fairhope at 7:30.P.M., November 18, 1963, for the purpose of consider- ing the relocation of gas line on proposed new highway between Stapleton and meter station South of Bay Minette, Daphne Gas contract, Daphne water line, Washington Drive West paving contract and for the taking of such necessary and proper action thereon, and agree and consent that said meet- ing shall be held at said time for such purpose. Witness our hands this the 18th day of November,1963• AGREEMENT THIS AGREEMENT, made this 2 day of 049 (/. 190 by and between the City of Fairhope acting by and through its Mayor and Council, as First Party, hereinafter referred to as the CITY and Byrd L. Moore and Company, a firm incorporated in the State of Alabama with its principal offices at Fairhope, Alabama, as Second Party, hereinafter referred to as CONSULTANT. WHEREAS, the said CONSULTANT has agreed and by these presents does agree with the CITY for the consideration hereinafter mentioned to furnish engineering services, technical advice, and related duties, preliminary plans, design and related material complete for letting on approximately 8.8 miles of highway identified as State of Alabama Project No. F-193(10), the approximate location being shown on Alabama State Highway Department plans for Project F-193(10). NOW, THEREFORE, for and in consideration of the mutual covenants herein- after stipulated to be kept and performed, it is agreed between the parties as follows: ARTICLE I - SCOPE OF WORK SECTION I To make all preliminary studies, effect design and prepare contract plans for making adjustments to the existing 6" gas main, and related adjustments, owned by the City of Fairhope, Alabama, and to furnish technical advice to the CITY during the period of utility adjustments and highway construction in the matter of this particular work. 1. This study shall include consultation of all feasible alternate methods of accomplishing necessary utility adjustments including retention of the existing gas line, if possible, so as to be assured that the most economical feasible solution is developed. Upon completion of this study an agreement will be reached by the City, State and Bureau of Public Roads as to the most economical satisfactory solution before the CONSULTANT proceeds with finalizing the plans and preparing the specifications and estimates. Furnish preliminary and construction engineering services, technical advice, specification and related material. Furnish the CITY with the required number of copies of preliminary estimates, sketches, specifications, construction plans and other related material. -3 4 n SECTION 2 - OBLIGATION OF THE CITY TO CONSULTANT A. In connection with this work the CITY shall: 1. As far as possible, cooperate with the CONSULTANT in making necessary arrangements with public officials and with such individuals as the CONSULTANT may need to contact for advice, counsel, and information. 2. Furnish roadway and bridge plans as it may have available. ARTICLE II - TIME OF BEGINNING AND COMPLETION SECTION I A. The CONSULTANT agrees to start work on the professional services outlined under Article I of this AGREEMENT within five (5) days after receipt of written notice to proceed from the CITY. The CITY will not notify the CONSULTANT to commence work until the STATE has formally approved this contract. The CONSULTANT shall complete the preliminary engineering work in twenty (20) calendar days after receipt of written notice to proceed. B. In case the CITY deems it advisable or necessary in the execution of the work to make any alteration which will increase or decrease the scope of work outlined in this AGREEMENT, the time limits specified herein may be adjusted in accordance with Article IV, Section 2. El ARTICLE III - PAYMENT SECTION I , A. For services performed by the CONSULTANT under this AGREEMENT, and as full and complete compensation therefor including all expenditures made and all expenses incurred by the CONSULTANT in connection with this AGREEMENT, except as otherwise expressly provided herein, subject to and in conformity with, all provisions of this AGREEMENT, the CITY will pay the CONSULTANT the lump sum of $14,075.00. B. Payment will be made by the CITY to the CONSULTANT as follows: 1. At the completion of the preliminary engineering phase the CITY will pay to the CONSULTANT the sum of $7,815.00. Partial payment may be made monthly based on the percentage of work completed. 2. At the completion of the construction engineering phase the CITY will pay to the CONSULTANT the sum of $6,260..00. Partial payments may be made monthly on the basis of the percentage of work completed. -2- SECTION 2 A. The acceptance by the CONSULTANT of the final payment shall constitute and operate as a release to the CITY for all claims and liability to the CONSULTANT, his representatives and assigns for any and all things done, furnished or relating to the services rendered by the CONSULTANT under or in connection with this AGREEMENT or any part thereof, provided that no unpaid invoices exist because of extra work required at the request of the CITY._ ARTICLE IV - MISCELLANEOUS PROVISIONS SECTION I - OWNERSHIP OF ENGINEERING DOCUMENTS A. 1. Upon completion of the work covered by this AGREEMENT the CONSULTANT shall deliver to the CITY all survey notes, computations, aerial photography, maps, tracings and all other documents and data pertaining to the work or to the Project, which material shall become the property of the CITY. All original tracings of maps and other engineering, data furnished to the CITY by the CONSULTANT shall bear thereon the endorsement of the CONSULTANT. SECTION 2 - CHANGES OF WORK A. 1. If during the term of this AGREEMENT, additional design services are required, other than those services specified above, or major changes in the work become necessary or desirable, the CITY, with the prior approval of the State, may, in writing, order the CONSULTANT to perform such services or make such changes, or if the CONSULTANT is of the opinion that any work he has been directed to perform is beyond the scope of this AGREEMENT and constitutes extra work, the CONSULTANT shall promptly notify the CITY in writing and receive written approval prior to performing such work of that fact. In the event the CITY determines that such work does constitute extra work, additional time for completion of contract shall be given and the CONSULTANT shall be paid for such extra work as follows: a. Extra work performed by personnel in the classification of ENGINEER shall be paid for at a rate of sdventy-nine dollars and eighty cents ($79.80) per man per day, not to exceed five (5) days. b. Extra work performed by personnel in the classification of ASSISTANT ENGINEER shall be paid for at a rate of sixty-three dollars and eighty cents ($63.80) per man per day, not to exceed five (5) days. 33 8 -3- C. Extra work performed by personnel in the classification df DRAFTSMAN shall be paid for at a rate of thirty-five dollars and ninety cents ($35.90) per man per day, not to exceed five (5) days. d. Extra work performed by personnel in a SURVEY PARTY shall be paid for at a rate of one hundred forty-nine dollars and sixty cents ($149.60) per party per day, including transportation, not to exceed five (5) days. e. Likewise, during the terms of this AGREEMENT any services specified above may be deleted or reduced at the discretion of the CITY. If such deletion or reduction becomes desirable, the CONSULTANT will be given advance notice and an equitable reduction in the, CONSULTANT'S fee will be made. SECTION 3 - DELAYS AND EXTENSIONS A. 1. In the event.that additional work or unavoidable delays prevent completion of the services to be performed under this AGREEMENT in the time specified in Article II - Time of Beginning and Completion, the CITY may grant, subject to prior approval of the State, a time extension to all or any phases of the work provided written application is made by the CONSULTANT within ten (10) days after the alleged delay has occured. Any time extensions for extra work authorized will be based on the ratio that the additional compensation bears to the original fee and time limit. SECTION 4 - TERMINATION OR ABANDONMENT A. 1. The CITY shall have the absolute right to abandon the work or to amend its project at any time, and such action on its part shall in no event be deemed a breach of contract. B. 1. The CITY has a right to terminate this AGREEMENT at its pleasure and make settlement with the CONSULTANT upon an equitable basis. The value of the work performed by the CONSULTANT prior to the termination of this AGREEMENT shall be determined. In determining the value of the work performed the CITY shall consider the following: a. The ratio of the amount of work performed by the CONSULTANT prior to the termination of the AGREEMENT to the total amount of work contemplated by this AGREEMENT less any payments previously made. b. The amount of the expense to which the CONSULTANT has been put in performing the work prior to the termination of the work in proportion to the amount of expense to which the CONSULTANT would have been put had.he been allowed to complete the total work contemplated by the AGREEMENT, less any payments previously made. In determining the value 331 -4- of the work performed by the CONSULTANT prior to the termination no consideration will be given to the profit which the CONSULTANT might have made on the uncompleted portion of the work. If the termination is brought about as a result of unsatisfactory performance on the part of the CONSULTANT, the value of the work performed by the CONSULTANT prior to the termination shall be fixed solely on the ratio of the amount of such work to the total amount of work contemplated by this AGREEMENT. C. CONTRACT BINDING OF SUCCESSORS AND ASSIGNS This contract shall be binding upon the successors and assigns of the respective parties hereto. SECTION 5 - GENERAL COMPLIANCE WITH LAWS A. The CONSULTANT shall at all times observe and comply with the provisions of the Labor Law and all State Laws, and Federal and local statutes, ordinances and regulations that are applicable and in any manner affect the performance of this AGREEMENT, and procure all necessary licenses and permits and pay all fees therefor. SECTION 6 - SUBLETTING, ASSIGNMENT, OR TRANSFER A. There shall be no assignment, subletting, or transfer of the interests of the CONSULTANT in any of the work covered by this AGREEMENT without written consent of the CITY. In the event the CITY gives such consent all the terms and conditions of this AGREEMENT shall apply to and bind the party or parties to whom such work is consigned, sublet or trans- ferred as fully and completely as the CONSULTANT is hereby bound and obligated. However, nothing herein constitutes the establishment'of any contractural relationship between the CITY AND any parties to whom work is assigned, sublet or transferred. SECTION 7 - EMPLOYMENT of FEDERAL, STATE, COUNTY OR CITY WORKERS A. The CONSULTANT shall not engage, on full or part-time or other basis during the period of the Agreement, any professional or technical personnel who are or have been at any time during the period of this Agreement in the employ of the Bureau of Public Roads or the Highway organization of any State, County, or City, except regularly retired employees, without the written consent of the public employer of such person. 33X -5- B. The CONSULTANT by signature hereto certified and warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, f gifts; or any other consideration, contingent upon or resulting from the award or making of this.AGREEMENT. For breach or violation of this warranty the CITY shall have the right to annul this contract without liability. SECTION 8 - CONSULTANT'S ENDORSEMENT A. The CONSULTANT shall endorse the original title of cover sheet of all sets of plans, estimates, reports and engineering data required to be furnished by him under the terms of this AGREEMENT. All endorsements shall contain the seal and signature of an Alabama licensed professional engineer who is a bona fide employee of the CONSULTANT. The CONSULTANT shall designate a Project Engineer or Manager who has authority to receive and act upon instructions and directions of the State and whose actions and decisions are binding on Lice CONSULTANT. He shall be employed in the CONSULTANT'S Alabama Office. Not only must the CONSULTANT have an office in Alabama, but all the work hereunder including office work must be done here. Also all of the CONSULTANT'S work described herein is to be performed in an office in close proximity to the work. SECTION 9 - CONDITIONS AFFECTING WORK A. The CONSULTANT shall be responsible for having taken steps reasonably necessary to ascertain the nature, location, scope and type of work hereunder and the general and local conditions which can affect the work of the cost thereof. Any failure by the CONSULTANT to do so will not relieve him from responsibility for successfully performing the work without additional expense to the CITY. The CITY assumes no responsibility for any understandings or representation by any of its officials or agents prior to the execution of this AGREEMENT, unless such understandings or representations by the persons are expressly stated herein. SECTION 10 - ARBITRATION A. 1. In any controversy concerning a question of fact in connection with the work covered by this AGREEMENT, or compensation therefor, the decision of the CITY in the matter shall be final and conclusive for both parties. ARTICLE V It is understood and agreed that this AGREEMENT supersedes any previous AGREEMENT made between the CITY and CONSULTANT on this Highway Project. ARTICLE VI IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures. on the �day of�,�� , 19 kC 0), and the CITY on the day of 19 . ATTEST: BY yo RECOMMENDED:: ��- Csz.s=�• ATTEST: BYRD L. MOORE AND COMPANY CITY OF FAIR PE BY , Mayor -7- 33