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HomeMy WebLinkAbout78-81 RESOLUTION• 40.44 ty. .. '44 ATTEST %' •••W to, // �� Sr; -02.4.01(/ -02,n ,- / k JO 0 CITY 'CLERK • • • 4 RESOLUTION N0. 7 6 'g A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH McGOODWIN, WILLIAMS & YATES, INC. FOR ENGINEERING SERVICES FOR THE RELOCATION OF A'SEWER LINE ALONG U.S. HIGHWAY 71 NORTH BETWEEN ARKANSAS HIGHWAY 112 AND JOHNSON ROAD. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor arid City Clerk are hereby authorized and directed to execute a contract with McGoodwin, Williams & Yates, Inc. for engineering services for the relocation of a sewer line along U.S. Highway 71 North between Arkansas Highway 112 and Johnson Road. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 1981. day of APPROVED: CERTIFICATE Saute tC Ar=kansas ity o: Fayetteville 0 IRE.GV3f�ID `Ss , Vivian Eoettel, City 'Clerk and Ex -Officio record tr for the City of FayetteVille, do here+ ty <cart¢y that the annexed or foregoing is cf =IS is nay office and the same ap+ Pears is Ordinance & 'Resolution book[ X / at page Vi > Witness raz hand and seal this 3 ay, of { City Clerk and Ex -Officio Recorder M!CR471.ME • CONTRACT FOR ENGINEERING SERVICES Relative to Reconstruction of Highway 71 Highway 71 Bypass to Highway 68 Arkansas Highway Department Job No. 4834 THIS AGREEMENT, made, entered into and executed the /C,/, day of c m-tr.^ l -- , 1981, by and between McGoodwin, Williams and Yates, Inc., (hereinafter called the Engineer) and the City of Fayetteville, Arkansas (hereinafter called the Cwner), WITNESSETH THAT: WHEREAS, the Qvner owns and operates the Sewerage Collection System in the City of Fayetteville, Arkansas, and WHEREAS, the Engineer has executed an engineering contract for preliminary engineering services to be rendered relative to utility adjustments required by the above project; and WHEREAS, the Engineer has sufficient experienced personnel and equipment required to provide construction engineering services further described in this agreement;' NOW THEREFORE, BE IT RESOLVED THAT, in consideration of the covenants and agreements hereinafter to be performed by the parties hereto and the payments hereinafter agreed to be made, it is mutually agreed as follows: SECTION I GENERAL The Arkansas State Highway Commission plans to relocate U. S. Highway 71 from the Highway 71 Bypass in Fhyetteville, extending north to Elm Springs Road in Springdale. This work would require construction of a new inter- change on Highway 71 Bypass in Fayetteville between Highway 112 and Johnson Road. -2- In order for the construction of this interchange to be accomplished, it has been determined that it will be necessary to relocate or otherwise adjust sanitary sewerage facilities within the limits of the proposed construction area The relocation of the sewerage facilities will require professional engineering services Therefore, the Engineer is designated by the Owner and is hereby authorized to provide construction engineering services, including field layout, inspection, construction administration, and preparation of "Plans of Record." 'SECTION II. CONSTRUCTION ENGINEERING The Engineer agrees to provide construction engineering services including construction surveys, resident inspection during the time actual construction is in progress, preparation of partial and final payment estimates, preparation of Plans of Record, and other items of work as needed to coordinate the Mork between the Owner and the contractor. The fee to be paid the Engineer for construction engineering services shall be based on reimbursement of the Engineer's cost, at the rates set out below, plus a lump sum profit. The Engineer agrees to provide the necessary personnel required to furnish construction engineering services at the following hourly rates plus 29 percent for payroll expenses and 86 percent of total payroll costs for general overhead expense: 4 -Man Survey Crew $23.60 Engineer 15.00 Technician/Inspector 9.50 Draftsman 8.50 Stenographer 8.50 The Engineer agrees to a lump sum profit of. $2,300.00 on this portion of the project and agrees to perform all construction engineering services for a maximum fee, including profit, not to exceed $17,882.67. The maximum total r- 4,4.- _. -3- estimated fee of 817,882.67 was calculated as follows. Survey Crew (24 Hours @ $23.60) Engineer (64 Hours @ $15.00) Technician/Inspector (480 Hours @ $9.50) Stenographer (40 Hours @ $8.50) Draftsman (8 Hours @ '4.50) $ 566.40 960.00 4,560.00 340.00 68.00 Subtotal $ 6,494.40 Payroll h -penses (29%) 1,883.38 Subtotal - Payroll Costs $ 8,377.78 General Overhead (86%) 7,204.89 Lump Stun Fee 2,300.00 Total $17,882.67 The Engineer agrees to keep accurate records of the hours of the various persons working at providing construction engineering services and to make available to the Owner supporting documentation of the time required. Any additional construction engineering services required which are related to this project and outside the scope of this contract and authorized in writing by the Owner will be done by the Engineer for reimbursement on the basis of actual time required, using the rates set out above, plus a profit of 15 percent. SECTION III. PAYMENT OF ENGINEERING FEES The Owner agrees to make payment to the Engineer in accordance with the rates set out in Section II. Payment shall be rade on a monthly basis; however, the total of all payments, including profit, shall not exceed $17,882.67. -4 - This Agreement is subject to the review and approval of the Arkansas State Highway Department. Attest' / /9' i Vivian D. Koettel, City Clerk' - Attest: c�JH(tail $of e6.721)4" CITY OF FAYEYTEVIJJF, ARKANSAS. T John . Todd, Mayor btGO®wIN, WILIJAMS AND YATES, INC. 1 Tates, Pr T dr nt Jacqueline S. Ross, Secretary EXHIBIT A The following is an estimate of the cost to construct the sanitary sewer line adjustments in the vicinity of the proposed interchange located on Highway 71 Bypass between Highway 112 and Johnson Road required by the relocation of U. S. Highway 71 between the Highway 71 Bypass in Fayetteville and extending north to Elm Springs Road in Springdale. This project is identified as Arkansas Highway Department Job No. 4834. The sewer line adjust' nts require the construction of approximately 2,662 linear feet of 15 inch sewer line, along with manholes and other miscellaneous items as set out in the estimate below. Estimated Construction Cost. 2,662 L.F. 45 L.F. 300 L.F. 400 L F 295 L.F. 230 L.F. 310 L.F. 555 L.F. 8 Each 53 L.F. 2,662 L.F. 100 L.F. 300 C.Y. 20 C.Y. 15" VCP Sewer, 0-6' in depth, @ $20.00 Extra Depth Trench, 6-8' @ .$2.25 Extra Depth Trench, Extra Depth Trench, Extra Depth Trench, Extra Depth Trench, Extra Depth Trench, Extra Depth Trench, Standard Manholes @ 8-10' @ 10-12' @ 12-14' @ 14-16' @ 16-18' @ over 18' $550.00 $5.00 $8.30 $11.75 $16.60 $22.75 @ $27.00 Extra Depth Manholes, over 6' @ $75.00 SB -2 Crushed Stone Bedding @ $1.50 Special Pipe Cover @ $2.00 Rock Excavation @ $35.00 Class B Concrete Encasement @ $80.00 Total Estimated Construction Cost $ 53,240.00 146.25 1,500.00 3,320.00 3,466.25 ' 3,818.00 7,052 50 14,985.00 4,400.00 3,975.00 3,993.00 200.00 10,500.00 1,600.00 S112,196.00 utnity• AFKA SAo STATE ni.,ni:AY' AND TRANS -DORM -I-4 DPP.-u._.',z..i, Fayetteville sewer Job 1534 consultant McGoodwin, Williams and -AP''. FFD -075-1(2) Yates, Inc., Fayetteville, AR. (titilities) Highway 71 - Highway 68 (Highway 71 Relocation) Route 71 Section Washington County CERTIFICATION C= CCNSULT:_iT I hereby cert:=y that I an the President and duly authorized representative of the firm of McGoodwin, Williams and Yates, Inc.whose address is 909 Rolling Hills Drive, Fayetteville, Arkansas 72701 , and That, except as expressly stated and described herein, neither I nor the firm of McGoodwin, Williams and Yates, Inc. has, in connection with its contract for construction engineering services with the City of Fayetteville, Arkansas entered into pursuant to provisions of an agreement between the aforementioned utility owner and the Arkansas State Highway and Transportation Deoar tent as a part of Federal Aid Project FFD -075-1(2) ; (a) employed or retained for a commission, Percentage, brokerage, contingent fee, or other consideration, any firm, company, or person, other than a bona fide employee working solely for me or the aforementioned consulting fires, to solicit or secure the contract, or (b) agreed, as an expressed or implied condition for obtaining the award of the contract, to employ or retain the services of any firm, company, or person in connection with the carrying out of the contract; or (c) paid, or agreed to pay, to any =any, organization, or person, other than a bona fide employee working solely for me or the aforementioned consulting firm, any fee, contribution, donation, or consideration of any kind for, or in connection with, Procuring or carrying out the contract. (Statement and'exalanation o= e::ver. , if anv): I acknowledge that this cer-ti°ic_te is to be '__..^_shed to .. the State Highway and Tr r Port __ Depar_ment and the Federal ..igho:w_Administration, in connection with the aforementioned project involving pa--• =tion of Federal -aid highway funds, and is subject to applicable State and =^_-'1 taws, both criminal and c_.__. (Date) (Signat..re) L. Carl Yates APPEND' "A" 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 theRegulations of the Department of Transportation relative to nondiscrimination inFederally-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. • (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 3 of the Regulations. (3) .Solicitations for Subcontracts Including Procurements of 'fate-.' d -. Materials an ceuipmer.t: In all solicitations, either_by competitive bidding or negotiation made by the con- tractor for work to be pe,:or,,,ed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor'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 o the contract, in whole or in part. (6) Incorporation of Provision;: The contractor will include the provisions of pa.uo_.,pb (1) Through (6) in every subcontract, including procurements of materials and leases of equipment, unless'exempt bythe 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 • o p inions including sanctions for noncompliance: Provided, however, that, in the event a contractor becom_s 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 protact the interests of the State, an.-", in addi^ion, the contractor may request the Unitcd St es to enter into such litigation to protect the interests of the United States. larLITIES OWNER ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY -UTILITY CONSTRUCTION / RELOCATION AGREEMENT State Job No. 1534 (Utilities) County Washington 4834 (Construction) Federal Aid Project FFD -075-1 (2). Job Location H' 71 - Elm Springs Road (Hwy. 71 Relocation) Route 71 .AC - CA AC -"UA. LS - CA LS - UA Section Utility owner City of Fayetteville • (Sewer) THIS AGREEMENT, made and entered into this �S day of \)1J4. Y 194N, 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, hereinafter 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; and as part of the necessary work of such improvements "Owner" must adjust or relocate certain of its existing utility facilities and/or secure "Department's" approval of the construction and location of certain proposed facilities on the right of way of said highway project, and in connection with such adjustments, relocation, and/or new utility construction "Department" shall partici- pate in the costs of such work to the extent such costs are eligible for .reimburse- ment from State Highway funds and eligible for participation in Federal funds; and WHEREAS: It is understood by the parties hereto that, for the cost of the ad- justment of "Owner's" facilities to be eligible for participation in Federal Funds, the work must be performed and reimbursement made in accordance with Federal Laws, Rules and Regulations applicable to Federal Aid Projects, including Policy and Pro- cedure Memorandums 30-4 and 30-4.1 issued by the United States Department of Transportation, Federal Highway Administration, November 29, 1972, and June 29, 1973, respectively, as amended and supplemented, and which 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 WHEREAS; The adjustment or construction of "Owner's" facilities shall be eligible for reimbursement by the "Department" in the proportion that: the' facilities to be adjusted or constructed are located on property in which "Owner" holds a compensable property interest under the Constitution and Arkansas Law, and in accord- ance with the applicable provisions and requirements of the Policy of the Arkansas State Highway Commission on the Accommodation and Adjustment of Utilities as adopted on August 26, 1970, by Commission Minute Order 70-300, as amended and supplemented, and which by this reference are hereby made a part of this agreement; and such reim- bursement shall be in the eligible proportionate amount of (or under lump sum pay- ment procedures, the amount representative of) the reasonable and actual cost of the adjustment of "Owner's" existing facilities, less betterments (except that better- ments required by the highway construction on eligible facilities may be reimbursed); and a "{r i= H-UC/RA " 4-10-80 • • WHEREAS: Under applicable Arkansas Statutes, "Owner" shall be permitted to use, be on, over, or under land or rights of way held by the "Department", pro- vided that such use or occupancy does not in any way or manner interfere with the public use of such property for highway purposes as provided by Law; and the terms and conditions of such use, in the interest of public safety, convenience and en- joyment, being as defined by "Department" in its regulations; and WHEREAS: Where the new and/or relocated utility facilities referred to herein are located or constructed along, on, or across a fully controlled access highway, the design and future servicing of such facilities must comply with the policy set forth in "A Policy on the Accommodation of Utilities on Freeway Rights of Way" ad- opted by the American Association of State Highway Officials on February 15, 1969; and in accordance with said policy and requirements thereof, access for servicing any utility facilities located along, on, or across such fully controlled access right of way for normal servicing shall not be from the through traffic roadways or the "on" and "off" ramps of the controlled access highway and shall be limited to access via (a) frontage or service roads where provided, (b) nearby or adjacent public roads, streets or drives, or (c) trails along or near the highway right of way lines and connecting only to an intersecting road, street, or drive, from any one or all of which entry may be made to the outer limits of the controlled access right of way. In a case of emergency where immediate action is necessary for pro- tection of the public and to minimize property damage and loss of investment,"Owner" may at its sole risk and responsibility use the controlled access area as an access route for servicing its utility facilities provided "Owner" uses appropriate safety methods and devices to provide adequate warning and protection to persons and pro- perty of the public, notifies the "Department" as soon as practicable, assumes full responsibility for its operations, including the restoration of highway and utility properties to original equivalent conditions, and saves the "Department" harmless from liability in all respects. Due precaution and care for the protection of the traveling public shall be exercised by "Owner" at any and all times in work on, or servicing of, its facilities due from any cause whatsoever along, on or across the controlled access highway; and WHEREAS: The proposed highway improvement necessitates the adjustment, reloca- tion, and/or "Department's" approval of the proposed locations of certain facilities of "Owner" as described in the following description of work. Abandon approximately 2,465 L.F. of existing 12" VCP sanitary sewer line to clear the highway construction. Restore the function by installing approximately 2,662 L.F. of 15" VCP sanitary sewer line (larger size pipe required by project, due to minimum grade of sewer line) All of "Owner's" facility is locatedon a private easement; therefore the adjustment cost is considered to be eligible for 100% reimbursement. The adjustment work will be let to contract, and such adjustment, relocation, or construction being shown in detail in "Owner's" plans, sketches, 'estimate of cost, and specifications (when applicable) which are • attached hereto and made a part hereof; and is 4 .H -ULTRA a4" Rev. 12/8/69 1 • • WHEREAS: The "Department" desires to implement the herein described utilityad- justments or relocations and approve the proposed utility construction of "Owner" by entering into an agreement with said "Owner". NOW, THEREFORE, IT IS HEREBY AGREED: 1. Where applicable hereunder by reason of new utility occupancy or crossing of highway right of way, "Department" hereby grants to "Owner", without any convey- ance of right, title or property interest, either expressed or implied in or to the highway rights of way or other highway properties, License and Permission to install and operate utility facilities on or across "Department's" rights of way or proper- ties as shown on the approved plans or sketch maps attached hereto and made a part hereof, said License and Permission being subject when applicable to the herein stated conditions; and with the understanding and agreement that if any subsequent change in the highway facility or highway use of the highway right of way necessitates moving or adjusting of "Owner's" utility facilities located on, over, under, or across highway right of way or other highway property under provisions of this Permit, "Owner" shall begin such move or adjustment within ninety (90) days after receiving written request from the "Department", and shall exercise due diligence to complete such work without delay or interference to"Department's" operations; and such move or adjustment of "Owner's" facilities to be at "Owner's" expense except where the "Owner's" facilities required to be removed or adjusted are located on property in which "Owner" holds a compensable property interest under the Law of Arkansas as it exists at the time of such request. 2. Where applicable hereunder by reason of new highway construction on exist- ing utility rights of way, "Owner" hereby grants to "Department" the right to use for highway purposes the lands within the project limits on or across which "Owner" holds a valid property interest antedating "Department's" rights which were subse- quently acquired in the same lands, and which property rights "Owner" shall retain so long as "Owner" (or "Owner's" successors or assigns) continues such use and oc- cupancy and does not abandon, and thereby release, such property interest to"Depart- ment" through facility removal in making said adjustments or by subsequent facility removal for "Owner's" convenience; and the "Department" hereby agrees that "Owner", by granting said right and by said continued joint use and occupancy, does not waive any future claim for reimbursement for adjustment cost as may be eligible for reim- bursement by reason of such prior property interest, nor does "Owner" waive any other legal or property right held under the Law or Constitution of the State or the United States 3. In the event that future construction, reconstruction, expansion, reloca- tion, rehabilitation, betterment, maintenance, or other work on the facilities owned and operated by either the "Department or the "Owner" in the area jointly occupied or used under either or both the above provisions of this agreement will disturb, detrimentally affect, interfere, or be inconvenient to the facilities or responsibi- lities of either party, the parties hereto shall reach agreement in writing as to locations, extent, and methods of such work before the work is undertaken. Ina case of emergency, and where immediate action is necessary for the protection of the pub- lic and to minimize damage to or loss of investment in the property of the "Depart- ment" or the "Owner", either party hereto may, at its own responsibility and risk, make any necessary emergency repairs, and shall notify the other party hereto of such action as soon as practicable. Arta IirUC/RA -_ 1.'. 4-10-80 • • • 4. "Department" shall furnish "Owner" a written work authorization to proceed with approved utility adjustments not less than 30 days before starting work on the project, and said authorization shall designate the name and location of the Engi- neer in charge of the project and incorporate this agreement by reference. 5. "Department's" Engineer shall schedule and furnish written notice of the time and place for a pre -construction conference of representatives of (a) utilities affected by the highway project, (b) the highway contractor, and (c) the Engineer in charge of the project for the purpose of coordinating the proposed work of each respective party so that each may know the requirements of the other, and "Owner" shall cause a representative with authority to act for "Owner" in scheduling and supervising "Owner's" work to attend said conference. 6. "Owner" shall notify "Department's" designated Engineer, at least three days in advance of the date work is to be started, and shall keep the Engineer informed of progress and activity related to the work being performed, and shall furnish notice when the work is completed. 7. "Owner" shall perform the work with "Owner's" forces and/or with contract forces in the manner as set forth in the attached and approved estimate of cost or as set out in an approved supplement or modification of this agreement. The work shall be performed with "Owner's" forces unless it is stated in the attached state- ment of work or a subsequent change request that "Owner" is not adequately staffed or equipped to perform the work with its own forces at the time the relocation work is required, in which case, the work shall be performed with contract forces in accordance with the requirements of PPM30-4 as approved by the "Department" and . determined to be in the best interest of the project. "Owner" shall maintain adequate records and accounts on the contracts let and work performed by contract forces to be in position at the actual cost billing stage to support all charges incurred in connection therewith. Any subsequent major change in the plan or scope of work, the method of performing the work, or in the quantities of major items of materials to be installed or removed, shall have prior approval of the "Department" before any such change is initiated if any additional costs of such changes are to be eligible for reimbursement. 8. "Owner" hereby certifies, and "Department" concurs therein, that "Owner" possesses a real property interest in the locations of its existing facilities on which reimbursement for the functional replacement of all or a pro rata part there- of is to be paid by the "Department" as hereinafter set forth, and the damaging of taking of such real property interest by reason of the required adjustment is com- pensable in eminent domain. "Owner" further certifies to holding the right of occupancy in the locations of the existing facilities indicated on the attached plans or sketches as being reimbursable by reason of "Owner's" holding a legally acquired right of way or easement interest, and that such easement or property right antedates any rights held by "Department" in the utility locations on which reimbursement for adjustment or construction cost is to be paid hereunder. 9. "Owner" and "Department" have determined that a credit for expired service life of the existing facility being replaced) / is not due the project as set out in the estimate of cost. If a credit for expired service life is not required, the determination thereof is for the reason or reasons checked as follows: H-UC/RA f0 -Sb • • _5- (A) The existing facility facility being constructed. x (8) The replaced facility the highway project. X (C) The replaced line or lines less than one is being involves adjusted only a without a replacement line crossing or crossings of facility involves only a segment or segments of utility mile in length, and which are without betterments except as required by the project, and without increasing the functional capacity or capa- bilities of the facility. _ (D) The replacement facility will not remain in useful than the existing facility would have remained in service had the been made, and the reasons therefor are set out by explanation in approved estimate of cost. 10. "Department" finds and agrees that the utility adjustment and/or construc- tion provided for hereunder is 100% eligible for reimbursement to "Owner" for the actual cost, less applicable credits (including but not limited in an audit to those credit items as set out in the attached estimate of cost), and which net actual cost (or representative net actual cost if payment to be "lump sum") is estimated in the amount of $ 136,008.67 of which $ 136,008.67 is estimated to be the eligible reimbursable amount (to be paid by the "Department" and $ -0- is the estimated nonreimbursable amount (the proportionate share of the cost to be borne by "Owner"); and the basis for such cost proration or al- location between "Owner" and "Department" to be followed in billing and payment stages is as set out in the attached summary and allocation of estimated costs. 11. "Owner" shall accept as full reimbursement for work hereunder the amount developed or accumulated as eligible actual and related indirect costs in accord- ance with the following designated account procedure: service longer replacement not the attached and A. B. C _ A Work Order System prescribed by the anplicable Regulatory Agency. X A system developed and used by "Owner" and accepted by the "Department". The estimated lump sum reimbursable amount (not over $10,000) as a firm commitment agreed as representative of the actual and reasonable total reimbursable costs for all required adjustment work. "Owner" further agrees to retain said cost records and accounts for inspection and audit for a period of not less than three (3) years from the date of final payment. 12. "Owner" shall not begin the adjustment work until authorized by the "Department", and shall exercise due diligence to begin the work within 30 days and to complete such work within 60 days thereafter and in a manner as will result in no avoidable interference or delay to the "Department's" construction work or in the adjustment of "Owner's" facilities. 13. "Owner" shall be responsible for any and all hazards to persons, property,. and traffic, and shall save the "Department" harmless in all respects from any and all losses, damages, or injuries caused by any negligent act or omission by "Owner's" employees or agent performing work under this Agreement or future maintenance or servicing work on facilities constructed under this Agreement; and "Owner" shall,in completing said work, perform clean up and restoration of appearances of the work area, including disposal of surplus materials and debris, so as not to leave the work area in an unsafe or unsightly condition. 1i N-UC/RA' ' 4-10-80 • 14. Unless reimbursement is to be according to lump sum procedure (11.C), "Owner" shall collect and hold in reserve all unreusable material which is not to be returned to stock and is to be credited to the job at less than the salvage value of reusable materials for inspection by the "Department's" designated Engineer. Failure to furnish written notice_to said Engineer of the time and place for in- spection of such material shall make "Owner" accountable for the reusable salvage value of all material disposed of without notice. Credit shall be given for the re- usable salvage value of all removed material returned to reusable materials stores. 15. If requested by "Owner" in writing, "Department" shall make intermediate progress payments of ninety percent (90%) of eligible billed costs for utility work hereunder, at no more than monthly intervals, upon receipt of certified state- ments in four (4) copies for periodic unpaid costs, provided the intermediate billed amount is $5,000.00 or more (except that no intermediate payments shall be made on "Lump Sum" Agreements). No such intermediate payment shall be construed as final settlement for any item included in any intermediate billing. 16. "Owner" shall, upon complet,ion'of the adjustment and acceptance by the "Department", submit to "Department" a complete and final bill with supporting detail in four (4) copies covering all billed amounts, including intermediate billing, (except that no detail is required under a "Lump Sum" Agreement). Such final billing shall be certified correct by "Owner" and shall cover the total cost and applicable credits for the adjustment of "Owner's" facilities; and "Owner" shall submit two (2) sets of "as -built" plans representing the adjustment as com- pleted by "Owner" for acceptance by "Department" upon being certified correct by "Department's" Engineer. 17. The "Department", upon receiving from "Owner" the final billing documents complete as listed next above, shall reimburse "Owner" for the eligible actual cost, less all applicable credits and prior Payments, if any, for making the adjustments in "Owner's" facilities as agreed herein; and in reimbursing "Owner", the "Department" shall make initial or semi-final paymeht to "Owner" for the work in the amount of ninety percent (90%) of the eligible reimbursable amount billed. The retained eligible amount (final settlement) shall be paid "Owner" (allowing time for normal processing) after audit of "Owner's" cost records and accounts. "Owner" agrees to refund any and all amounts paid in initial or partial payments found in the audit to exceed the total amount eligible for reimbursement for work hereunder. Total reimbursement to the "Owner" shall not exceed the total amount found eligible for reimbursement as reflected by an audit (performed by the "Department" or the Federal Highway Administration Pursuant to PPM30-4, as supplemented) of the cost records and accounts of the "Owner" applicable to subject project, except that if the lump sum payment procedure (11.C) is indicated herein then initial and final payment shall be made for one hundred percent (100%) of such agreed lump sum with- out site audit and without intermediate progress payments; and final payment of said total eligible amount shall satisfy and discharge the "Department's" reimburse- ment obligations hereunder. 18.' It is mutually agreed by the parties hereto that the Provisions of this Agreement pertaining to relative property rights, right of way occupancy Permission, access for servicing when applicable, and joint use of rights of way shall continue in full force and effect from the date of execution, and shall be perpetually binding upon each party's legal representatives, successors or assigns. H-UC/7p Rev.-. #-T 22-77 • 1a • -7- 19. Notwithstanding anything hereinbefore written, neither the "Owner" nor the "Department" by execution of this Agreement waives or relinquishes any rights which either may legally have within the limits of the Law or Constitution, either State or Federal. IN WITNESS WHEREOF: The parties hereto have caused this instrument to be executed in triplicate by their duly authorized representatives the date first herein above written. CITY OF'FAYETTEVILLE(SEWER) CITY CLERK Title ARKANSAS STATE HIGHWAY COMMISSION Acting By and Through The ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT 43 1< ..�_,,, (fDirector of Highways and Transportation / hief- •- f ay Division Chief -Utilities Section Right of Way Division a mil f If li • SUMMARY OF ESTIMATED COST Contract Work Construction Engineering Health Dept. Review Fee Right of Way Cost TOTAL ESTIMATED COST (100 Reimbursable) $ 112,196.00 17,882.67 250.00 5,680.00 $ 136,008.67 • e ,tr} O. T. WILLIAMS, JR. L. CARL YATES MCGOODWIN, WILLIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE. ARKANSAS June 15, 1981 • 'Re. Relbcation and Adjustment of'Sewer Facilities ;,V;J;,Fay,etteville, Arkansas Plans'No. Fy-84 Arkansas Highway Commission Job No. 4834 Mr. Arthur T. Watt, Chief Utilities Section Right of Way Division Arkansas State Highway and Transportation Department Post Office Box 2261 Little Rock, Arkansas 72203 Attention: Mr. Jim Moody a i'Dear-Mr. Watt: re la 1 1 1 909 ROLLING HILLS DRIVE FAYETTEVILLE, ARK. 72701 TELEPHONE 443-3404 Route To/ j2Clnel_6 • Ail Pet sonnet Date Initi.Is ,ral It Rcsted In;accordance with your request, we are transmitting six additional sets of plans and specifications for the above referenced project. We are also including an advanced copy of the Contract for Engineering Services. We will transmit executed copies to your office as soon as they are available. l; The estimated project costs are as follows: Estimated Construction Cost. Construction Engineering .t State Department of Health Review Fee Estimated Right of Way Costs Total Estimated Cost $112,200 17,882 250 5,680 $136,012 We transmitted plans and specifications to the Arkansas Department of Health on June 8 for their review and approval. If we can furnish any additional information, please let us know. Cordially yours, JET:sc Enclosures cc:•Mr. Don Bunn yl °I' Y. g e E. Tarvin, P.E. ARMSOFS gmT€ mown AND TRANSPORTATION DOPA RECFIvrn JUN 161981 DTII Wis SICTJON 4into 111 rem? DW181DN • CONTRACT KB ENGINEERING SERVICES Relative to Reconstruction of Highway 71 Highway 71 Bypass to Highway 68 Arkansas Highway Department Job No. 4834 • THIS AGREEMENT, made, entered into and executed the 7 day of , 1981, by and between McGoodwin, Williams and Yates, Inc., (hereinafter called the Engineer) and the City of Fayetteville, Arkansas (hereinafter called the Owner), WITNESSETH THAT: WHEREAS, the Owner owns and operates the Sewerage Collection System in the City of Fayetteville, Arkansas; and WHEREAS, the Engineer has executed an engineering contract for preliminary engineering services to be rendered relative to utility adjustments required by the above project; and WIImAS, the Engineer has sufficient experienced personnel and equipment required to provide construction engineering services further described in this agreement;' NOW THEREFORE, RF IT RESOLVED THAT, in consideration of the covenants and agreements hereinafter to be performed by the parties hereto and the payments hereinafter agreed to be made, it is mutually agreed as follows: SECTION I. GENERAL The Arkansas State Highway Camnission plans to relocate U. S. Highway 71 from the Highway 71 Bypass in Fayetteville, extending north to Elm Springs Road in Springdale. This work would require construction of a new inter- change on Highway 71 Bypass in Fhyetteville between Highway 112 and Johnson Road. • • • -2- In order for the construction of this interchange to be accomplished, it has been determined that it will be necessary to relocate or otherwise adjust sanitary sewerage facilities within the limits of the proposed construction area. The relocation of the sewerage facilities will require professional engineering services. Therefore, the Engineer is designated by the Omer and is hereby authorized to provide construction engineering services, including field layout, inspection, construction administration, and preparation of "Plans of Record." SECTION II. CONSTRUCTION ENGINEERING The Engineer agrees to provide construction engineering services including construction surveys, resident inspection during the time actual construction is in progress, preparation of partial and final payment estimates, preparation of Plans of Record, and other iters of work as needed to coordinate the work between the Owner and the contractor. The fee to be paid the Engineer for construction engineering services shall be based on reimbursement of the Engineer's cost, at the rates set out below, plus a lump sum profit. The Engineer agrees to provide the necessary personnel required to furnish construction engineering services at the following hourly rates plus 29 percent for payroll expenses and 86 percent of total payroll costs for general overhead expense: 4 -Man Survey Crew $23 60 Engineer 15.00 Technician/Inspector . . 9.50 Draftsman 8.50 Stenographer 8.50 The Engineer agrees to a lump sum profit of $2,300.00 on this portion of the project and agrees to perform all construction engineering services for a maximum fee, including profit, not to exceed $17,882.67. The maximum total • estimated -3- fee of $17,882.67 was calculated as follows. Survey Crew (24 Hours @ $23.60) Engineer (64 Hours @ $15.00) Technician/Inspector (480 Hours @ $9.50) . Stenographer (40 Hours @ 44.50) Draftsman (8 Hours @ $8.50) Subtotal $ 566.40 960.00 4,560.00 340.00 68.00 Payroll Expenses (29%) Subtotal - Payroll Costs General Overhead (86%) Lump Sun Fee The Engineer agrees Total • $ 6,494.40 1,883.38 $ 8,377.78 7,204.89 2,300.00 $17,882.67 to keep accurate records of the hours of the various persons working at providing construction engineering services and to make available to the Owner supporting documentation of the time required. Any additional construction engineering services required which are related to this project and outside the scope of this contract and authorized in writing by the Owner will be done by the Engineer for reimbursement on the basis of actual time:required, using the rates set out above, plus a profit of 15 percent. SECTION III. PAYMENT OF ENGINEERING FEES The Owner agrees to make payment to the Engineer in accordance with the rates set out in Section II. Payment shall be rade on a monthly basis; however, the total of all payments, including profit, shall not exceed $17,882.67. This Agreement is subject to the review and approval of the Arkansas State • T • • • EXHIBIT A • The following is an estimate of the cost to construct the sanitary sewer line adjustments in the vicinity of the proposed interchange located on Highway 71 Bypass between Highway 112 and Johnson Road required by the relocation of U. S. Highway 71 between the Highway 71 Bypass in Fayetteville and extending north to Elm Springs Road in Springdale. This project is identified as Arkancas Highway Department Job No. 4834. The sewer line adjustments require the construction of approximately 2,662 linear feet of 15 inch,sewer line, along with manholes and out in the estimate below. Estimated Construction Cost. 2,662 L.F. 45 L.F. 300 L.F. 400 L.F. 295 L.F. 230 L.F. 310 L.F. 555 L.F. 8 Each 53 L.F. 2,662 L.F. 100 L.F. 300 C.Y. 20 C.Y. other miscellaneous 15" VCP Sewer, 0-6' in depth @ $20.00 Extra Depth Trench, 6-8' @ $3.25 Extra Depth Trench, 8-10' @ $5.00 Extra Depth Trench, 10-12' @ $8.30 Extra Depth Trench, 12-14' @ $11.75 Extra Depth Trench, 14-16' @ $16.60 . Extra Depth Trench, 16-18' @ $22.75 Extra Depth Trench, over 18' @ $27.00 . . Standard Manholes @ $550.00 Extra Depth Manholes, over 6' @ $75.00 SB -2 Crushed Stone Bedding @ $1.50 Special Pipe Cbver @ $2.00 Rock Excavation @ $35 00 Class B Concrete Encasement @ $80.00 . Total Estimated Construction Cost • items as set $ 53,240.00 146.25 1,500.00 3,320 00 3,466.25 3,818.00 7,052.50 14,985.00 4,400.00 3,975.00 3,993.00 200.00 10,500.00 1,600.00 $112,196.00 C_V. -0Q . ARKANSAS STATE HIGH AY AND TPANSPORTATION DEPARTMENT • Utility Fayetteville sewer Job 1534 (Utilities) Consultant McGoodwin, Williams and ARK FFD -075-1(2) Yates, Inc., Fayetteville, AR. Highway 71 - Highway 68 (Highway 71 Relocation) Route 71 Section Washington County CERTIFICATION OF CONSULTANT. I hereby certify that I am the President and duly authorized representative of the firm of McGoodwin, Williams and Yates, Inc.whose address is 909 Rolling Hills Drive, Fayetteville, Arkansas 72701 , and That, except as expressly stated and described herein, neither I nor the fire of McGoodwin, Williams and Yates, Inc. has, in connection with its contract for construction engineering services with the City of Fayetteville, Arkansas entered into pursuant to provisions of anagreement between the aforementioned utility owner and the Arkansas State Highway and Transportation Department as a part of Federal Aid Project FFD -075-1(2) (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm, comoany, or person, other than a bona fide employee working solely for me or the aforementioned consulting firm, to solicit or secure the contract, or (b) agreed, as an expressed or implied condition for obtaining the award of the contract, to employ or retain the services of any firm, company, or'perscn in connection with the carrying out of the contract, or (c) paid, or agreed to pay, to any firm, company, organization, or person, other than a bona fide employee working solely for me or the aforementioned consulting firm, any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. (Statement and explanation of exception, if any) : I acknowledge that this certificate is to be furnished to the State Highway and Transcortation Department and the Federal Highway Administration, in connection with the aforementioned project involving participation of Federal -aid highway funds, and is subject to applicable state and Federal laws, both criminal and civil. (Date) (Signature) L. Carl Yates Rev. 5/2/724 APPENDIX "A" During the performance of this contract, the contractor, for itself, its assignees and successors ininterest (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. (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 Eauioment: 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 the contractor'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 permitaccess 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 Noncomnliance: 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) Iccorooration of Provisions: The contractor will include the provisions of paragraph (1) Ehfough (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 become's 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, ani, in addition, the contractor may request the United Stites to enter into such litigation to protect the interests of the United States.