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HomeMy WebLinkAbout35-85 RESOLUTIONRESOLUTION ND. 35-85 9 -- SCANNED__• A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT FOR ENGINEERING SERVICES WITH McGOODWIN, WILLIAMS, AND YATES CONSULTING ENGINEERS FOR MAINE, LEWIS, GABBARD, KAYWOOD, VENUS, NEPTUNE AND PHILLIPS STREETS; AND ENGINEERING SERVICES WITH CRAFTON, TULL, SPANN, AND YOE, INC., FOR OAK ROAD, RUTLEFGF, VELDA COURT, EASY, PEAR. AND BIRCH STREETS. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETrEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract for engineering services with McGoodwin, Williams, and Yates Consulting Engineers for Maine, Lewis, Gabbard, Kaywood, Venus, Neptune and Phillips Streets. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute a contract for engineering services with Crafton, Tull, Spann, and Yoe, Inc., for Oak Road, Rutledge, Velda Court, Easy, Pear and Birch Streets. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this 2nd day of April , 1985. x744 .,d r 1. r. y' xrd�t.AT`PEST am, By• Clerk APPROVED T T: AGREEMENT FCR ENGIYNCDWN SERVICES FOR STREET IMPROVEMENTS THIS AGREEMENT, made arra entered into this day of , 1985, by and between the City of Fayetteville, Arkansas, hereinafter referred to as the "Owner", and Grafton, Tu11, Spann & Yoe, Inc., Consulting Engineers of Rogers, Arkansas hereinafter referred to as the "Engineer", WITNESSETH THAT: WHEREAS, the Owner desires to improve, construct or reconstruct certain street improvements within the City of Fayetteville; and WHEREAS, the Engineer has sufficient experienced personnel and equipment to perform the work described in this Ayrtt it; NOW THEE, in consideration of the mutual covenants and agreements herein contained, the Owner and the Engineer, the parties hereto, stipu- late and agree that the owner does hereby employ the Engineer to perform the required engineering services as hereinafter set out; and the Engineer agrees to provide said services. Section 1. Description of Project The project for which engineering services are to be provided is generally described as follows: Preparation of plans and specifications and construction management for Easy, Pear, Birch, Oak Road Rutledge and Velda Court Streets in Fayetteville, Arkansas. Section 2. Scope of Engineering Services The Engineer shall provide a suitable staff to perform basic engineer- ing services; construction management, including resident inspection as required, and lard surveys as directed. These various types of work are more specifically defined as follows: 1 • A. Basic Engineering Services 1. Preliminary Engineering Report a. Field Surveys and Basic Drawings. The work to be done under this item shall consist of the following: 1) The location of all existing utilities as best can be located without excavation, and the location of apparent street right-of-way lines. 2) Profiles as necessary to provide information to draw cross sections on 50 -foot stations. 3) The establishment of a base line on the ground and referenced so that it can be reestablished at a later date 4) The establishment of approximate property lines to determine whether construction activity will possibly take place on private property and therefore require detailed land surveys and preparation of plats for easement acquisition. 5) Advise the Owner as to soils investigations that might be required. 6) Preparation of copies of all reduced field survey notes to be delivered to Community Development by the Engineer. 7) The plotting of the field surveys including plan and profile and cross sections of 22 -inch or 24 -inch by 36 -inch plan sheets to a scale of 1" = 20' and preparation of reproducibles of these drawings to be delivered to Community Development. b. Design and Cost Estimate. Fbrk to be done urxier this item shall consist of the following: 1) Provide one copy of red -pencil drawings on the blueprints completed under Item A-7 above, showing the design which would meet the present city stan- dards as defined by existing codes and ordinances. 2) The construction cost estimate for each individual project as shown above. 3) Advise the Owner as to areas of the project where it appears that construction activity will take place on private property and, therefore, will require detailed 2 land surveys and preparation of plats for easement acquisition. 4) Advise the Owner as to soils investigations that might be required and assist in the coordination of the surveys. The cost of the soils investigations shall be borne by the Owner. 2. Detailed Engineering a. Preparation of Detailed Plans and Specifications. 'brk to be done under this item shall consist of the follow- ing: 1) After presenting the preliminary engineering report noted above to Community Development, Community Development will determine --based upon their budgets and the estimated construction costs—those indivi- dual projects that the Engineer will proceed with preparation of detailed plans and specifications. 2) After all decisions have been made by Community Development determining the design criteria for each street to be bid upon, detailed plans and specifica- tions will be prepared by the Engineer. All of the above described work shall be completed within 60 days after the Engineer receives a Notice to Proceed on the project. Compensation to the Engineer for work to be done under this section will be a fixed fee as hereinafter set out in Section 3. B. Construction Management Under this phase the Engineer will perform the following items of work: 1. Provide for periodic visits to the job sites by a profes- sional engineer to observe the overall progress and quality of the executed work, in order to certify Contractor's compliance with the plans and specifications. 2. Provide for resident inspection as required of the various job sites. 3. Provide a survey crew to lay out the project for construc- tion, excluding any necessary land and right-of-way surveys. 4. Provide a project engineer to manage and coordinate the construction activities. 3 5. Provide other personnel such as secretaries, draftsmen, engineering technicians, etc as may be needed to assist the project engineer in the various activities that may be required. 6. Prepare monthly partial payment estimates and a final payment estimate to the contractor, including the assembly of written guarantees which are required by the contract documents 7. Provide for final inspection of the project in the company of representatives of the owner, the project engineer, a representative of the contractor and any other party desig- nated by the owner. Payment for the above described work shall be made on an hourly basis as further defined in Section 3 of this contract. C. Land Surveys Under Paragraph "A" of this section, it is set out that the Engineer will advise the owner as to locations where, in the Engineer's judgment, land surveys should be conducted for the purpose of establishing right-of- way and/or preparation of tract plats needed for easement acquisition. After the Engineer has fulfilled the above described responsibility, the Owner may elect to direct the Engineer to perform certain land surveys and to prepare certain tract maps.. As directed by the owner, the Engineer will perform the following work: 1. Provide the necessary land record rcscarch to determine the apparent land owners, descriptions of the land owners' Properties, subdivision plats, and surveys or other data that may be required in order to perform the land surveys needed. 2. Provide an experienced land survey crew to make the necessary field surveys to establish the land lines that are needed. 3. Prepare tract maps and easement descriptions as may be required. The work to be done under this section shall be done on an hourly basis as set out in Section 3 of this. agreement. Section 3. Compensation Compensation for the various types of services to be provided under this contract shall be made as follows. A. Basic Engineering Services Compensation for basic engineering services shall be a fixed fee in the amount of $5,188.00. This fee includes full compensation for every iter of work as described in Section 2-A. 4 B. Construction Management Compensation for construction management shall be based on the actual hours of the various classifications of employees that may be necessary to perform the work. The total fee shall not exceed $2,343.00. The rates to be charged for the various classifications of personnel are as set out in the Cost and Pricing Summary attached. In addition to the hourly rates charged for the various classifications of personnel performing the work, overhead shall be charged at the rate of 1.5027 times the hourly rate. Also, a travel expense in the amount of $0.14/mile and a professional fee in the amount of $213.00 will be paid to the Engineer. C. Land Surveys Compensation for land surveys and other work related thereto will be based on the hours of work actually required. The rate to be charged for a three-man survey party will be $52.00 per hour. Only work as directed by the Owner shall be done under this section of the contract. There is no estimate as to the total amount of work which might be required under this section since that can only be determined after the work required under the basic engineering provision 1s essen- tially complete. D. Method of Payment Partial payments to the Engineer shall be made as follows. Basic Engineering Services Fifty percent (50%) upon completion of field surveys and preliminary design. Forty percent (40%) upon completion of final plans and specifications and submittal to the Owner. Ten percent (10%) after receipt of construction bids and recommendation to the Omer concerning contract award. 2. Construction Management Payment to be made on a monthly basis during the construction phase. 3. Land Surveys Payment to be made upon completion of the various items 'of work as directed by the Owner on a monthly basis. 5 Section 4. General Considerations A. Termination of Contract for Cause If, through any cause, the Engineer shall fail to fulfill in timely and proper manner his obligations under this contract, or if the Engineer shall violate any of the covenants, agreements, or stipulations of this contract, the owner shall thereupon have the right to terminate this contract by giving written notice to the Engineer of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data studies, and reports prepared by the Engineer under this contract shall, at the option of the owner became its property, and the Engineer shall be entitled to receive just and equitable ampesxsa- tion under this contract for any satisfactory work completed on such documents. Notwithstanding the above, the Engineer, shall not be relieved of liability to the Owner for damages sustained by the Owner by virtue of any breach of the contract by the Engineer, and the Owner may withhold any payments to the Engineer for the purpose of setoff until such time as the exact amount of damages due the Owner from the Engineer is determined. B. Termination for Convenience of Owner The Owner may terminate this contract any time by a notice in writing from the Owner to the Engineer. If the contract is terminated by the Owner as provided herein, the Engineer will receive just and equitable dation under this contract C. Changes The Owner may, from time to time, request changes in the scope of the services of the Engineer to be performed hereunder. Such changes, including any increase or decrease in the amount of the Engineer's compensation, which are mutually agreed upon by and between the Owner and the Engineer, shall be incorporated in further written amendments to this contract. D. Personnel 1. The Engineer repts that he has, or will secure at his own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the Owner. 2. A11 the services required hereunder will be performed by the Engineer or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. 6 tl 3. No person who is serving sentence in a penal or correctional institution shall be employed on work under this contract E. Compliance with Local Laws The Engineer shall comply with all applicable lays, ordinances, and codes of the state and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. F. Assignability The Engineer shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Owner; provided, however, that claims for money due or to became due the Engineer from the Owner under this contract may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Owner. G. Access to Records The Owner, the U. S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Engineer doing work under this contract which are directly pertinent to a specific grant program for the purpose of making audit, examination, excerpts, and transcriptions. H Estimates Since Engineer has no control over the cost of labor materials or equipment, or over the methods of determining prices, or over competitive bidding or market conditions, the estimates of costs provided are to be made on the basis of Engineer's experience and qualifications and repre- sent his best judgment, being familiar with the industry, but Engineer cannot and does not guarantee that established costs will not vary from estimates prepared. 1. Insurance Engineer shall secure and maintain such insurance as will protect him from claims under the Fbrkmen's Compensation Acts and frau claims for bodily injury death or property damage which may arise from the perfor- mance of his services under this contract. J. Successors and Assigns Each party of this contract birds himself and his partners, succes- sors, executors, administrators and assigns to the other party of this contract in respect to all covenants of this contract Neither party 7 shall assign, sublet or transfer his interest in this contract without the written consent of the other. Section 5. Equal Opportunity Provisions During the performance of this contract, the Engineer follows. agrees as A. The Engineer will not discriminate against any employee of applicant for employment because of race, color, religion, sex, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following. employment, upgrading, demo- tion, or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contract- ing Officer setting forth the provisions of this =discrimination clause. B . The Engineer will, in all solicitations or advertisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. Section 6. Conflict of Interest A. Interest of Owner No officer, employee, or agent of the Owner who exercises any func- tions or responsibilities in the review or approval or in connection with the carrying out of the project to vtdch this contract pertains shall have any personal interest, direct or indirect, in this contract B . Interest of Certain Federal Officials No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit to arise herefram. C. Interest of Engineer The Engineer covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above described project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Engineer further covenants that in the performance of this contract, no person having any such interest shall be employed. 8 • • Section 7. Other Provisions In connection with the project, the Ovner shall: A. Give thorough consideration to all documents presented by the Engineer and inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. B. Make provisions for the employees of the Engineer to enter public and private lands as required for the Engineer to perform neces- sary preliminary surveys and investigations. C. Obtain the necessary lands, easements and rights-of-way for the construction of the work. D. Ehrnish the Engineer such plans arra records of construction and operation of existing facilities, or copies of same, bearing on the proposed work as may be in the possession of the Owner. Such documents or data will be returned to the Owner upon completion of the work or upon the request of the Ovner. E. Pay the cost of making necessary soundings, borings, analyses of materials and laboratory work exclusive of the Engineer's supervi- sion thereof. F. Pay all plan review costs and all cost of advertising in connec- tion with the project. All plans and specifications prepared by the Engineer under this contract shall became the property of the City and may be used by the City for construction purposes upon payment of the consideration due the Engineer hereunder for preparation of said plans and specifications. The Engineer, at the Engineer's expense, shall furnish the Owner two copies of "as -built" drawings of each phase of the project. This agreement shall be binding upon the parties hereto, their partners, heirs, successors, administrators and assigns: and neither party shall assign, sublet or transfer his interest in this aj&en«ent without the prior written consent of the other party hereto. 9 • IN WITNESS WHEREOF, executed in its behalf by said Engineer by its duly hereto have set their hands Attest: the Owner has caused these presents to be its duly authorized representatives, and the authorized representatives, and the parties and seals on the date heretofore set out. Attest: Duel H. TU11, Sec./Treasurer CITY OF FAYETTEVILE, ARKANSAS %It Paul R. Noland Mayor 10 H. Crafton, President CC.ST OR PRICE SUYI4ARY FOK•171/2T FOR CONTRACTS UNDER U.S. DHUD GRANTS '(See accarnanying instructions before completing this form) PARTI-GENERAL RANTEE &_GRANT I:UMOER 3.NAME OF CONTRACTOR OR SUBCONTRACTOR Crafton, Tull, Spann & Yoe, Inc. 4.0A TE OF PROPOSAL 5.ADORESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code) P. 0. Box 549 2800 North 2nd Rogers, Arkansas 72757-0549 6. TYPE OF SERV CE:TO BE FURNISHZD Construction Management . Easy, Pear, Birch,.0ak Road Rutledge and Velda CourtStreets PART II COST SU'IMARY - - 7 _DIRECT LABOR (Specify labor categories) ESTI- MATED HOURS HOURLY RATE: . ESTIMATED COST TOTALS Survey Crew (3 Men) 8 $ 17.50 S 1140.001 Construction Engineer 10 21.00 .210.00. Inspector 42 9.00 378.00 Secretary 6 6.00 36.00 DIRECT LABOR TOTAL: . . s 764.00 i $.I DIRECT COSTS (Spociy indirect cost pools) RATE It BASE = ESTIMATED COST ) Overhead (Em. aunt Taxes Tns11ra�, 1 5027$ 764.00 $ 1.148 00 Vacation. etc i I 1 INDIRECT COSTS TOTAL: 5 1,148.00 0:„ OTHER OIRECT COSTS a. TRAVEL ESTIMATED COST (I) TnAnsPORTATIof 1558 @ 0.14 218.00 (2) Pcn DIEM S . TRAVEL SUBTOTAL: : S 218.00 b. EQUIPMENT. MATERIALS. SUPPLIES (Specify categories) . OTT COST ESTIMATED COST S $ EQUIPMENT SUBTOTAL: : C. SUBCONTRACTS ESTIMATED COST SUBCONTRACTS SUBTOTAL: Z. OTHER (ipacily categoric.) ESTIMATED COST • OTHER SUBTOTAL: ' c. OTHER LIRECT COSTS TOTAL:,' $ 218.00 1O TOTAL ESTIMATED COST s 2,130.00 '119n0FIT 213.00 _ 112.TOTAL FEICE "S 2,343.00 AGREEMENT FOR ENGINEERING SERVICES FOR STREET IMPROVEMENTS THIS AGREEMENT, made and entered into , 1985, by and between the Arkansas, hereinafter referred to as the "Owner," and Yates, Inc., Consulting Engineers of hereinafter referred to as the "Engineer," WITNESSETH THAT: • this day of City of Fayetteville, and McGoodwin, Williams Fayetteville, Arkansas, WHEREAS, the Owner desires to improve, construct or reconstruct certain streets within the City of Fayetteville; and WHEREAS, the. Engineer has sufficient experienced personnel and equipment to perform the work described in this Agreement; NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Owner and the Engineer, the parties hereto, stipulate and agree that the Owner does hereby employ the Engineer to perform the required engineering services as hereinafter set out; and the Engineer agrees to provide said services. Section 1. Description of Project The project for which engineering services generally described as follows: are to be provided is Streets - This work shall consist of improving the following streets in various manners as generally directed by the Owner. 1) Maine (Sang to Cross and Lewis to Eastern). Design 24 foot street in right of way. Grading, base and asphalt. 2) Gabbard (Mitchell to Dead End). Design 24 foot street in right of way. Grading, base and asphalt. 3) Kaywood (Gabbard to Dead End). Design 24 foot street in right of way. Grading, base and asphalt. 4) Venus (Eastern to Lewis). Design 24 foot street in right of way. Grading, base and asphalt. 5) Neptune (Eastern to Lewis). Design 24 foot street in right of way. Grading, base and asphalt. 6) Lewis (Highway 62 West to Mitchell and Stone to Maine). Design 24 foot street in right of way. Grading, base and asphalt. 7) Phillip (Mitchell to Sang). Design 24 foot street in right of way.rading, base and asphalt. • • Section 2. Scope of Engineering Services The Engineer shall provide a suitable staff to perform basic engineering services and construction management, including resident inspection as required. These various types of work are more specifically defined as follows: A. Basic Engineering Services 1. Preliminary Engineering Report a•. Field Surveys and Basic Drawings. The work to be done under this item shall consist of the following: 1) The location'of all existing utilities as best can be located without excavation, and the location of apparent street right of way lines. 2) Profiles as necessary to provide information to draw cross sections on maximum 100 -foot stations. 3) Advise the Owner as to soils investigations that might be required. 4) Preparation of copies of all reduced field survey notes to be delivered to Community Development by the Engineer. 5) The plotting of the field surveys including plan and profile and cross sections on 22 -inch or 24 -inch by 36 -inch plan sheets to a scale of 1" = 20' and preparation of reproducibles of these drawings to be delivered to Community Development. b. Design and Cost Estimate. Work to be done under this item shall consist of the following: 1) Provide one copy of red -pencil drawings on the blueprints completed under Item A-5 above, showing the design which would meet the proposed city standards. 2) The construction cost estimate for each individual street as shown above. 3) Advise the Owner as to soils investigations that might be required and assist in the coordination of the surveys. The cost of the soils investigations shall be borne by the Owner. 3 2. Detailed Engineering a. Preparation of Detailed Plans and Specifications. Work to be done under this item shall consist of the following: 1) After all decisions have been made by Community Development determining the design criteria for each street to be bid upon, detailed plans and specifications will be prepared by the Engineer. All of the above described work shall be completed within 45 days after the Engineer receives a Notice to Proceed on the project. Compensation to the Engineer for work to be done under this section will be a fixed fee as hereinafter set out in Section 3. work: B. Construction Management Under this phase the Engineer will perform the following items of 1. Provide for periodic visits to the job sites by a professional engineer to observe the overall progress and quality of the executed work, in order to certify Contractor's compliance with the plans and specifications. 2. Provide for resident inspection as required of the various job sites. 3. Provide a project engineer to manage and coordinate the construction activities. 4. Provide other personnel such as secretaries, draftsmen, engineering technicians, etc., as may be needed to assist the project engineer in the various activities that may be required. 5. Prepare monthly partial payment estimates and a final payment estimate to the contractor. 6. Provide for final inspection of the project in the company of representatives of the Owner, the project engineer, a representative of the contractor and any other party designated by the Owner. Payment for the above described work shall be made on an hourly basis as further defined in Section 3 of this contract. Section 3. Compensation Compensation for the various types of services to be provided under this contract shall be made as follows. 4 A. Basic Engineering Services Compensation' for basic engineering services shall be a fixed fee in the amount of $5,240.00. This fee includes full compensation for every item of work as described in Section 2-A. B. Construction Management Compensation for construction management shall be based on the actual hours of the various classifications of employees that may be necessary to perform the work. The total fee shall not exceed .$4,192.00. The rates to be charged for the various classifications of personnel are as set out in the Cost and Pricing Summary attached. In addition to the hourly rates charged for the various classifications of personnel performing the work, overhead shall be charged at the rate of 1.4 •times the hourly rate. Also, a professional fee in the amount of $429.00 will be paid to the Engineer. C. Method of Payment Partial payments to the Engineer shall be made as follows: 1. Basic Engineering Services One hundred percent (100%) after receipt of construction bids and recommendation to the Owner concerning contract award 2.' Construction Management Payment to be made on a monthly basis during the construction - phase. • Section 4. General Considerations A. Termination of Contract for Cause If, through any cause, the Engineer shall fail to fulfill in timely and proper manner his obligations under this contract, or if the Engineer shall violate any of the covenants, agreements, or stipulations of this contract, the Owner shall thereupon have the right to terminate this contract by giving written notice to the Engineer of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Engineer under this contract shall, at the option of the Owner become its property, and the Engineer shall be entitled to receive just and equitable compensation under this contract for any satisfactory work completed on such documents. Notwithstanding the above, the Engineer shall not be relieved of liability to the Owner for damages sustained by the Owner by virtue of any breach of the contract by the Engineer, and the Owner may withhold any 5 payments to the Engineer for the purpose of setoff until such time as the exact amount of damages due the Owner from the Engineer is determined. B. Termination for Convenience of Owner The Owner may terminate this contract any time by a notice in writing from the Owner to the Engineer. If the. contract is terminated by the Owner as provided herein, the Engineer will receive just and equitable compensation under this contract. C. Changes The Owner may, from time to time, request changes in the scope of the services of the Engineer to be performed'hereunder. Such changes, including any increase or decrease in the amount of the Engineer's compensation, which are mutually agreed upon by and between the Owner and the Engineer, shall be incorporated in further written amendments to this contract. D. Personnel 1. The Engineer represents that he has, or will secure at his own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the Owner. 2. All the services required hereunder will be performed by the Engineer or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. 3. No person who is serving sentence in a penal or correctional institution shall be employed on work under this contract. E. Compliance with Local Laws The Engineer shall comply with all applicable laws, ordinances, and codes of the state and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. F. Assignability The Engineer shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Owner; provided, however, that claims for money due or to become due the Engineer from the Owner under this contract may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Owner. • • • 6 G. Access to Records The Owner, the U. S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Engineer doing work under this contract which are directly pertinent to a specific grant program for the purpose of making audit, examination, excerpts, and transcriptions. H. Estimates Since Engineer has no control over the cost of labor, materials or equipment, or over the methods of determining prices, or over competitive bidding or market conditions, the 'estimates of costs provided are to be made on the basis of Engineer's experience and qualifications and represent his best judgment, .being familiar with the industry, but Engineer .cannot and does not guarantee that established costs will not vary from estimates prepared. I. Insurance Engineer shall secure and maintain such insurance as will protect him from claims under the Workmen's Compensation Acts and from claims for bodily injury, death or property damage which may arise from the performance of his services under this contract. J. Successors and Assigns Each party of this contract binds himself and his partners, successors, executors, administrators and assigns to the other party of this contract in respect to all covenants of this contract. Neither party shall assign, sublet or transfer his interest in this contract without the written consent of the other. Section 5. Equal Opportunity Provisions During the performance of this contract, the Engineer agrees as follows: A. The Engineer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. - • • 7 B. The Engineer will, in all solicitations or advertisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will re^eive consideration for employment without regard to race, color, religion, sex, or national origin. Section 6. Conflict of Interest A. Interest of Owner No officer, employee, or agent of the Owner who exercises any functions or responsibilities in the review or approval or in connection with the carrying out of the project to which this contract pertains shall have any personal interest, direct or indirect, in this contract. B. Interest of Certain Federal Officials No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit to arise herefrom. • C. Interest of Engineer The Engineer covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above described project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Engineer further covenants that in the performance of this contract, no person having any such interest shall be employed. • Section 7. Other Provisions In connection with the project, the Owner shall: A. Give thorough consideration to all documents presented by the Engineer and inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. B. Make provision for the employees of the Engineer to enter public and private lands as required for the Engineer to perform necessary preliminary surveys and investigations. C. Obtain the necessary lands, easements and rights of way for the construction of the work. D. Furnish the Engineer such plans and records of construction and operation of existing facilities, or copies of same, bearing on the proposed work as may be in the possession of the Owner. Such documents or data will be returned to the Owner upon completion of the work or upon the request of the Owner. E. Pay the cost of making necessary soundings, borings, analyses of materials and laboratory work exclusive of the Engineer's supervision thereof. • 8 F. Pay all plan review costs and all cost of advertising in connection with the project. All plans and specifications prepared by the Engineer under this contract shall become the propertyof the City and may be used by the City for construction purposes upon payment of the consideration due the Engineer hereunder for preparation of said plans and specifications. The Engineer, at the Engineer's expense, shall furnish the Owner two copies of "as—built" drawings of each phase of the project. This agreement shall be binding upon the parties hereto, their partners, heirs, successors, administrators and assigns; and neither party shall assign, sublet or transfer his interest in this agreement without the prior written consent of the other party hereto. IN WITNESS WHEREOF, the Owner has caused these presents to be executed in its behalf by its duly authorized representatives, and the said Engineer by its duly authorized representatives, and the parties hereto have set their hands and seals on the date heretofore set out. ia2 Attest'. ;,., xI _,Han AHI Karnbach, Acting Secreta CITY OF FAYETTEVILLE, ARKANSAS /4„,dv Paul R. Noland, Mayor McGOODWIN, WILLIAMS AND YATES, INC.