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HomeMy WebLinkAbout18-81 RESOLUTION• RESOLUTION NO. /f4/ A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE ARKANSAS STATE HIGHWAY COMMISSION FOR PRELIMINARY ENGINEERING SERVICES FOR THE RELOCATION OF SEWER LINES ALONG U.S. HIGHWAY 71 BETWEEN JOHNSON ROAD AND ARKANSAS HIGHWAY 112. BE IT RESOLVED BY. --THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Arkansas State Highway Commission for preliminary engineering services on the relocation of sewer lines along;U.S. Highway 71 between Johnson Road and Arkansas Highway 112. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this /lph{ day of (4,2„Aly,�� ) 1981. 4 APPROVED: MICROFILMED `ARKANSAS STATE HIGHWAY - AND TRANSPORTATION DEPARTMENT Henry Gray, Director Telephone (501) 569-2000 Mr. Donald Bunn City Engineer City of Fayetteville City Administration Building Fayetteville, Arkansas 72701 PRELIMINARY ENGINEERING WORK ORDER March 19, 1981 vlis 1 s(o 0,0�19 P.O. Box 2261 Little Rock, Arkansas 72203 Job 1534 (Utilities) ARK FFD -075-1 (2) Hwy. 71 - Hwy. 68 (Hwy. 71 Relocation) Route 71 Section - Washington County (Const. Job 4834) Dear Mr. Bunn: Enclosed is your copy of the approved Preliminary Engineering Agreement with supporting papers covering reimbursement for engineering services to be per- formed by McGoodwin, Williams and Yates., Inc. A copy of this letter and the agreement is being furnished to the consultant. The agreement was approved by the Federal Highway Admi 1981. You may authorize your consultant to proceed wi covered by this agreement. This job is scheduled for and we need the estimate of cost and .plans by April.1, Mr. Allan Holmes, District Engineer, Telephone 646-550 Fort Smith, Arkansas, will represent the Department on stance in the field is needed, the consultantshould c nistration on March 17, th the engineering work the May 1981 letting, 1981. Yours t 1, Post Office Box 1424, this work, and if assi- ontact Mr. Holmes. JEM/meg Enclosure cc: McGoodwin, Williams & Yates, Inc. Office Engineer District Engineer Resident Engineer FAP File Arthur T. Watt Chief, Utilities Section Right of Way Division 1 Y Rev. 6-30-77 • • LS AC ARKANSAS STATE HIGHWAY COMMISSION UTILITIES OWNER HIGHWAY -UTILITY AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES Job No. 1534 (Utilities) 4834 (Const.) Job Location Hwy. 71 - Hwy. 68 FAP No. FFD -075-1 (2) Utility Owner City of Fayetteville (Sewer) Route 71 Section Consultant McGoodwin, Williams and County Washington Yates, Inc. • THIS AGREEMENT, made and entered into this 2,48) day of Th - 198%,by and between the Arkansas State Highway Commission, acting by and through the duly authorized representatives of the Arkansas State Highway and Transportation Department, with headquarters at Little Rock, Arkansas, hereinafter referred to as the "Department" and the City of Fayetteville (Sewer) of Fayetteville Arkansas. , acting by and through its duly authorized representatives, herein after referred to as the "Owner", WITNESSETH: WHEREAS: The "Department", in the interest of public safety, convenience, and enjoyment, proposes to make certain highway improvements at the location and accord- ing to the plans and specifications of the "Department" for such work under the job designation as shown above; "Owner" must adjust or relocate certain of its existing utility facilities and in connection with such adjustments, "Department" shall par- ticipate in the costs of such work to the extent such costs are eligible for reim- bursement from State Highway funds and eligible when applicable for participation in Federal funds: and WHEREAS: The cost to "Owner" for preliminary engineering services shall be eligible for reimbursement from "Department" at the same ratio as the adjustment of "Owner's" facilities are eligible based on the proportion of the facilities to be adjusted that are located on property in which "Owner" holds a compensable property interest under the Constitution and Arkansas Law, less betterments (except better- ments required by the highway construction) and in accordance with the applicable provisions and requirements of the Policy of the Arkansas State Highway Commission on the Adjustment of Utilities adopted on August 26, 1970, by Commission Minute Order 70-300, it is also understood that for this cost to be eligible for partici- pation in Federal funds, the work must be performed and reimbursement made as prescribed by Federal rules and regulations applicable to Federal Aid Projects, and as set out in the United States Department of Transportation, Federal Highway Administration, Federal Aid Highway Program Manual, Volume 6 Chapter 1, Section 2, Subsection 2 (Engagement of Consultants for Engineering Services) issued October 30, 1974, or as amended. These documents by this reference are hereby made a part of this Agreement with the same force and effect as if attached hereto or recited herein; and 11 c WHEREAS: The proposed highway improvement necessitates the adjustment or relocation of certain of "Owner's" utility facilities as described in the following scope of work: Relocate approximately 2,580 L.F. of 12 inch sanitary sewer line; and such adjustment or relocation requires the preparation of plans, sketches, esti- mate of cost, and work specifications (when applicable) to be used as the basis for a subsequent agreement with "Owner" to provide for such adjustment or relocation: and WHEREAS: The "Owner" is not adequately staffed with professional or technical personnel to prepare the necessary technical and detailed information as may be re- quired, and needs the services of a "Consultant" to perform the said preliminary engineering work; and hereby requests "Department's" concurrence in the employment of a "Consultant" of proven ability and experience, and which has one or more of its members licensed by the Arkansas State Broad of Registration for Professional Engineers: and WHEREAS: The "Owner" proposes to employ the engineering firm of Mr'(nndwin Williams and Yates, Inc. , hereinafter referred to as the "Consultant" which meets the above qualifications to perform such necessary preliminary engineering services; and the "Department" has determined that it is to the advantage and best interest of the "Department's" highway improvement project that said engineering services be performed by "Consultant" for "Owner" under a contract for preliminary engineering services entered into between "Owner" and "Consultant", and subject to the "Department's" approval; and the selection and employment of said engineering firm is acceptable to the "Department", and "Consultant" is ready, willing, and able to perform the required engineering and technical services. NOW, THEREFORE, IT IS HEREBY AGREED: 1. "Owner" has entered into a contract for preliminary engineering services with the "Consultant", subject to the "Department's" approval, and has furnished copies of said contract which are attached and made a part of this agreement, and said contract sets forth in detail the engineering and technical services to be performed by the "Consultant" and the fee to be paid by the "Owner" for such services; and the "Department" by execution of this agreement concurs in the employment of the "Consultant" and approves the said contract for preliminary engineering services as providing for the "Consultant" to furnish the following minimum required services (as applicable): Make all necessary field surveys, investigations, and special studies required to obtain proper and sufficient data for the preparation of complete plans, estimates of cost, and construction specifications. B. Prepare complete and detailed plans of the existing facilities and of the proposed construction, including maps, plans, profiles and detailed drawings of structures and appurtenances when and as necessary. • • C. Prepare an engineer's detailed estimate of cost of the proposed work and if plant betterments for the "Owner's" convenience are to be in- cluded in the planned adjustments, the "Consultant" shall detail separately the estimated inplace cost of such plant betterments and the estimated cost to relocate and adjust the existing facility in- kind and function as required by the highway project. Such separat- tion of costs may be shown either by separate and comparative estimates or by detailing of items in the estimate. D. If the construction work is to be performed by other than "Owner's" forces, prepare bid notices, instructions, specifications, contract documents and any other data necessary to secure bids and let a contract for the proposed work. Furnish the "Owner" with eight (8) sets of plans, specifications, and contract documents (seven (7) sets for transmittal by "Owner" to "Department"). Said documents shall be considered as approved when and only when accepted by the "Department" and, if necessary, approved by the Federal Highway Administration. 2. The "Consultant" shall begin the work as herein set out within 30 calendar days after receiving written authorization through the "Owner", such authorization to be issued as a Work Order by the "Department", and "Consultant" shall complete his contractual obligations as herein set out in 60 calendar days. 3. After delivery to, and acceptance by the "Department" of the final plans, estimate of cost and all necessary supporting documents in original and six (6) cooies, the "Department" will make payment to the "Owner" in accordance with Paragraph 4, the pro rata portion of the total preliminary engineering fee of $77,140 7n* as determined by one of the following methods: * A. The appropriate pro rata factor for allocating payment of this fee between "Owner" and "Department" cannot be accurately determined until the preliminary engineering work is completed, and the pro rata factor as established by the "Consultant's" investigations will be applied in the allocation of the cost obligations under this agreement and in the subsequent Utility Relocation Agreement. x B. The pro rata portion of the total preliminary engineering fee based on the "Owner's" eligibility for reimbursement that the facilities to be adjusted are located on property in which the "Owner" holds a compensable property interest, is 1001. ($ 12,340.20 x 100 % = $ 12,340.20 (Reimbursement) The Preliminary Engineering fee shall not exceed $17,728.29. • ti II 4. The basis for "Consultant's" total fee to be charged "Owner", including any additional fee for plant betterment work to be done for "Owner's" convenience along with the required adjustments, is detailed and set forth in the attached copy of the contract between the "Owner" and the "Consultant". Said payment is to be on the actual cost payment procedure which will be initiated within 30 days after submission by "Owner" of a certified statement in the above proportionate reimbursable amount together with acknowledgement evidenced in writing by "Consultant" that the total fee has been paid to him by the "Owner". "Owner" agrees to retain cost records and accounts for inspection and audit for a period of not less than three (3) years from the date of final payment. 5. It is understood and agreed that, by separate statement and by copy of this agreement complete with pertinent attachments, the United States Department of Transportation, Federal Highway Administration; may be furnished warranties and certifications that the conditions under which this contract was obtained have been, and performanace by all parties shall be, in accordance with the requirements of a project involving participation in Federal Aid Highway Funds, and same shall be subject to applicable State and Federal Laws, both criminal and civil. 6. The "Owner", in employing the "Consultant" to perform the work and services covered by this agreement, agrees to require the "Consultant" to comply with the provisions of Appendix "A", copies of which are attached to and made a part of this contract, and the provisions of which pertain to nondiscrimination in employment; and it is further understood and agreed that the "Consultant" shall in performing such work under said provisions, be considered as acting in the same relative capa- city as the "Contractor" referred to in said Appendix. "A". 7. The "Department" may, at its discretion, cancel or suspend the work under this agreement at any time provided reimbursement is made.an an equitable basis and in a proportionate amount for the services performed by "Consultant" up to the time that written notice of such cancellation is received by "Owner" from "Department Such amount of proportionate reimbursement shall be based on the pro- portion that the work actually performed bears to the total work originally con- templated. Should the "Department" give notice of cancellation in writing prior to the start of any work hereunder, then this Agreement shall thereupon become null and void without liability to the "Department". 8. The "Owner" shall save the "Department" and any other affected Agencies of Government harmless from all claims and liabilities arising out of, or in any manner due to, the activities or any negligent act or omission of "Owner's" employees or the "Consultant" or his employees or agents. 9. The provisions of this agreement apply only to the preliminary •engineering services herein set out, and nothing contained herein shall be construed as applying to any future contract which may be entered into between the "Department" and the "Owner", except that the reference in Paragraph No. 3 above, regarding the deter- mination of the reimbursement eligibility pro rata factor from the subject pre- liminary engineering work shall apply both in fixing the ratio of eligibility for reimbursement of cost under this agreement and a subsequent agreement covering the actual utility relocation work. • IN WITNESS WHEREOF: The parties hereto have caused this instrument to be executed in triplicate by their duly authorized representatives as of the date first above written. CITY OF FAYETTEVILLE (SEWER) .c0%* .CITY CLERK ARKANSAS STATE HIGHWAY COMMISSION Acting By and Through The ARKANSAS STATE HIGHWAY and TRANSPORTATION DEPARTMENT L A4 /, o "itways . •. Transpor 41, �y'/2 man •'ght ofd ay Division irecto Chief -Utilities Section Right of Way Division C .;'//Rev. 5/ 2/72 L.. n • During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows: (1) Compliance with Regulations: The contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally -assisted pro- grams of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. • • APPENDIX "A" • • (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, or national origin in the selection and retention of sub- contractors, including procurementsof materials and leases of equipment. The con- tractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the reguLations,including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the con- tractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of thecontractor's obligations under this contract and the Regula- tions relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports: The contractor will provide all information and reports re- quired by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contrac- tor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions of Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (a) withholding of payments to the contractor under the contract until the contrac- tor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases, of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or pro- curement as the State highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threat- ened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such Litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. F'AYETTEVILLE, SRICANS.AS CITY ENGINEER'S OFFICE P.O. DRAWER F 72701 (5011521-7700 October 22, 1980 Arthur Watt - Chief Utility Section Arkansas Highway & Transportation Department P.O. Box 2261 Little Rock, AR 72203 Re: Proposed Enginmring Contract - Relocation of Facilities Arkansas Highway Department No. 4834 Dear Mr. Watt: Enclosed is the proposed engineering contract between the City of Fayetteville and McGoodwin, Williams, and Yates for work in connection with the relocation of a 12 -inch sewer line along Highway 71 between Highway 112 and Johnson Road. We are asking that you review the contract and make carments on it before it is approved by the Board of Directors. If you have any questions, please call me. DRB/skb enc: Nine (9) pages Sincerely yours, Donald R. Bunn City Engineer AR SAS STATE HIGHWAt WO TRANSPORTATION DEPL RECEIVED OCT 2 3 1980 UTILITIES SECTIO RIGHT OF WAY DIVISION Ro ' To:.Date _LeChief It Initial II Personnel _Project Men Permits .7i' 11.1 Bills Stial Fifes- ifesenersl nomadFifes: Poste) ii • PRELIMINARY SCOPE OF WORK Relocate approximately 2,580 linear feet of 12 -inch gravity sanitary sewer line. Replacement will be with 15 -inch pipe in order to meet grade requirements. Existing line to be abandoned. i r , —r- 0 s o - Ci,• , r 1 1 /_. +'1 ii": GJJ U-1 • N\ - /rgi?ase 1 c,./0 iVo. Fv. a C !ivy. a^, %. 633: