Loading...
HomeMy WebLinkAbout123-90 RESOLUTIONRESOLUTION NO. 171-9O A RESOLUTION APPROVING THE ROUTE FOR THE PROPOSED DETENTION CENTER ROAD (MILL AVENUE EXTENSION) AND APPROVAL TO TAKE BIDS ON THE , CITY'S SHARE OF THE PROJECT. .BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That setting the route for the Detention Center Road (Mill Avenue extension) is approved as set forth in the Study and Report prepared by Milholland Engineers. A copy of the study and report. authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That staff is authorized to take bids for the estimated cost of the project from Spring to Center Streets. t vC .� ATTEST: c ^ t By OIL IP' 14 PASSED AND APPROVED this 7th day of.. August , 1990. APPROVED: By: / Zai Mayor PRELIMINARY ENGINEERING REPORT TASK ORDER NO. 1 - "STUDY & REPORT" "MILL AVENUE EXTENSION" FAYETTEVILLE, ARKANSAS CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS E-269 JUNE, 1990 MILHOLLAND COMPANY Engineering & Surveying 205 W. Center St. Fayetteville, Arkansas 72701 (501) 443-4724 PRELIMINARY ENGINEERING REPORT "STUDY AND REPORT" MILL AVENUE EXTENSION PRELIMINARY ENGINEERING REPORT TASK ORDER NO. 1 - "STUDY & REPORT" "MILL AVENUE EXTENSION" FAYETTEVILLE, ARKANSAS CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS PRELIMINARY ENGINEERING REPORT "STUDY. AND REPORT" MILL AVENUE EXTENSION SCOPE The objective of this study was to Develop an Access Plan for routing traffic from Rock Street to Spring Street. The Route should bet a City Standard Street with Curb and Gutter 31 feet Back -to -Back in a Right -of -Way 50 feet in width; Provide a safe access tofthe existing Washington County Court House and the new Washington County Detention Facility; Coordinate results with a similar study by Washington County for an Access from Spring Street tolDickson Street in Route to the New Washington County Court House (First South Property); Present results of Recommended Route and Alternate Routes in form of a Report and Maps. (See attached EXHIBITS "A" & "B"). GENERAL The area under STUDY lays on the Western Slope of Tin Cup Branch between College Avenue on the West and of Washington Avenue on the East. The hillside's terrain is generally steep. The land slopes to the East varying from 3% to 15%. The Topography of the STUDY area is shown on an attached Map, EXHIBIT "A". The Topography of the area provides good drainage characteristics for storm sewers and streets. Street Construction in the North- South direction of the proposed Route would be practical. The terrain will not prohibit a Construction of the City Standard Street, with Curb and Gutter 31 feet Back -To -Back, and with a 5 foot sidewalk on one side. Retaining walls would be required in certain areas. The existing neighborhood consist of single family residents to the East with Commercial adjacent to College Avenue on the West. The Proposed Route will basically divide the residential and the commercial areas from Spring Street south to Center Street. The Southern portion of the Route will extend through a light residential area. Homes in these areas would range in value from $12,000.00 to $40,000.00. Maintaining the identity of the existing residential neighborhoods was considered important in determining the Recommended Route. Acquisition of lands for Street Right -of -Way along the Recommended Route has been in the forethought of the City and County. A large portion of said lands between Spring Street and Center Street are presently owned by either the City of Fayetteville or Washington County. Only two (2) tracts within the Spring Center Street Section [ SEGMENT Nos. 1 & 2 1 are not owned by the City nor the County, as follows: [ THE POOR PROPERTY 1: SEGMENT No. 1: Washington County is attempting to acquire said Lot which adjoins Spring Street. [ 145 EAST MEADOW PROPERTY 1: SEGMENT No. 2: The purchase of said lot is presently being negotiated by the City of Fayetteville. PRELIMINARY ENGINEERING REPORT "STUDY AND REPORT" MILL AVENUE EXTENSION ACQUISITION The acquisition of the above two (2) tracts would provide adequate Right -of -Way for the Construction of the contemplated street improvements from Spring Street to Center Street. The Southern portion 1 SEGMENT No. 3 1 of the proposed route will ✓ equire acquisition of 10 tracts of land, one (1) of which is an e xisting resident and nine (9) are vacant lots or parts of Residential lots. The Acquisition costs for this portion is e stimated at $60,000.00. The Center Street connection from College Avenue, SEGMENT No. 4, will require acquisition of only a part of one (1) tract of land described as follows: [ GRAVEL PARKING LOT 1: SEGMENT No. 4: Property is West of the 208. East Center and aligns with Center Street to the West. Said property is recommended for a direct routing of traffic from College Avenue along Center Street onto the proposed Mill Avenue Improvements. PRELIMINARY ENGINEERING REPORT "STUDY AND REPORT" MILL AVENUE EXTENSION DESIGN CHARACTERISTICS An acceptable Hard Surfaced Street within a 50 feet Right -of -Way, with 31 feet Back -to -Back Curb and Gutter, a 5 feet wide sidewalk and adequate storm drainage can be designed in accordance with the City of Fayetteville's Standard Street Specifications across the STUDY area. Special considerations should be given to subgrade preparation and protection, steep cross -slopes in certain areas, french drains and storm drainage. Due to steep grades, storm waters should be transported along Meadow and Center Streets, and discharged into the Tin Cup Branch. The Route Recommended provides a direct Access for adjoining streets and parking lots. The Proposed Access will ultimately provide vehicles, traveling in all directions, a safe traffic pattern. Street grades at intersections will vary from 4% to ll%. Street grades along the centerline of the Recommended Route will vary from 2% to 12%. Designed Street Sections are Recommended to be equivalent to previously constructed Appleby Road and Township Road Extensions. RECOMMENDATIONS: A Study for a Route to provide an Access between Spring Street and Rock Street has been performed. The Study gave consideration to a good traffic patterns, existing single family Residential Areas, Commercial Developments, Government offices and feasibility of construction. A RECOMMENDED ROUTE and an ALTERNATE ROUTE are depicted on attached EXHIBIT "A" and EXHIBIT "8", respectively. The RECOMMENDED Street Construction should be from Spring Street to Center Street, which consist of SEGMENT Nos. 1, 2 & 4 plus the WASHINGTON COUNTY SEGMENT. Should the Proposed Access be constructed in Phases, a good traffic pattern from Spring Street south to Center Street is of utmost importance. The Minimal Improvements for a good traffic pattern should be the ConstrUction of SEGMENT Nos. 1 and 2 at the estimated cost of $234,230.00. Said SEGMENT N05. 1 and 2 do not include the Direct Access to College Avenue through Center Street. PRELIMINARY ENGINEERING REPORT "STUDY AND. REPORT" MILL AVENUE EXTENSION FINANCIAL CONSIDERATIONS Estimated •Costs for the Recommended Route is provided herein. These Costs shall include all anticipated expenses to complete the Proposed Access street and its connection to adjoining streets and parking lot. Expense items include Preparing this Engineering Report, Acquisition of Right -of -Ways, Engineering and Construction Management Services and all anticipated Street Construction items. These estimated costs have been developed for certain segments of the Proposed Access, as follows: SEGMENT NO. 1: (545 LF) Spring Street south to the Centerline of Meadow Streets BREAK DOWN: Engineering Study And Report - $ Right -Of -Way Acquisition: ---- $ Engineering Design and Construction Management Construction Costs TOTAL ESTIMATED COSTS $135,700.00 10,000.00 0.00 $ 17,700.00 $108,000.00 $135,700.00 II. SEGMENT NOS. 1 a 2: (770 LF), Spring Street south to the Centerline of Center Street $234,230.94 BREAK DOWN: Engineering Study And Report - $ 10,000.00 Right -Of -Way Acquisition: A) 208 E. Center $27,956.83 B) 145 E. Meadow $14,274.11 Total Acquisition Engineering Design And Construction Management Construction Costs TOTAL ESTIMATED COSTS $ 42,230.94 $ 21,000.00 $161,000.00 $234,230.94 PRELIMINARY ENGINEERING REPORT "STUDY AND REPORT" MILL AVENUE EXTENSION III. SEGMENT NOS. 1,2 & 4: Spring Street South to Center Street plus Center Street tie to College Avenue: Estimated as one (1) prosect $264,230.00 BREAK DOWN: Engineering Study And Report - $ 10,000.00 Right -Of -Way Acquisition: A) 208 E. Center $27,956.83 8) 145 E. Meadow ---- $14,274.11 C) Eoff Parking Lot - $12,000.00 Total Acquisition $ 54,230.94 Engineering Design And Construction Management Construction Costs TOTAL ESTIMATED COSTS IV. SEGMENT NOS.1, 2 & 3: (1430 LF) Spring Street south to Centerline of Street $ 25,000.00 $175,000.00 $264,230.94 Rock $439,230.00 BREAK DOWN: Engineering Study And Report - $ 10,000.00 Right -Of -Way Acquisition: A) Same as II $42,230.00 B) Ten (10) Tracts $60,000.00 Total Acquisition $102 Engineering Design And Construction Management Construction Costs TOTAL ESTIMATED COSTS 230.00 $ 45,000.00 $282,000.00 $439,230.00 V. SEGMENT NO.. 4: Center Street tie to College Avenue as a single project based on present day costs --$40,000.00 BREAK DOWN: Right -Of -Way Acquisition: A) Eoff Peeking Lot--- $12,000.00 Total Acquisition Engineering Design And Construction Management Construction Costs TOTAL ESTIMATED COSTS $ 12,000.00 $ 8,000.00 $ 20,000.00 $ 40,000.00 • PRELIMINARY ENGINEERING REPORT "STUDY & REPORT" "MILL AVENUE EXTENSION" SPRING STREET TO DICKSON STREET FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY CHARLES JOHNSON, COUNTY JUDGE FAYETTEVILLE, ARKANSAS E-268 JUNE, 1990 MILHOLLAND COMPANY Engineering & Surveying 205 W. Center St. Fayetteville, Arkansas 72701 (501) 443-4724 ✓ilu0!/G moi. gei[oaane fiallandeonpar sagewep and fun d 205 WEST CENTER FAYETTEVILLE, ARKANSAS 72701 (501) 443-4724 June 25, 1990 Washington County Mr. Charles Johnson, Judge Washington County Court House Fayetteville, AR 72701 RE: PRELIMINARY ENGINEERING REPORT "STUDY AND REPORT" MILL AVENUE EXTENSION AR. R.L.S. NO. 648 AR. P.E. NO. 3625 OKLA. P.E. Na 10740 OKLA. R.L.S. NO. 1036 Dear Judge Johnson: The "STUDY AND REPORT" for the said Routing of Mill Avenue Access has been performed as requested. The STUDY extended from Spring Street on the South to Dickson Street. on the North. The "STUDY" of the requested Access gave consideration to a Recommended Route and an Alternate Route. Results 4 of said "STUDY" is provided herein in the form of a "Preliminary Engineering Report" and "EXHIBIT A" Map. An opportunity to provide Engineering Services is very much appreciated. 1 1 Sincerely yours, /74)/ Melvin L. Milholland, P.E. PRELIMINARY ENGINEERING REPORT "STUDY & REPORT" "MILL AVENUE EXTENSION" Spring Street to Dickson Street FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY Mr. Charles Johnson, Judge FAYETTEVILLE, ARKANSAS PRELIMINARY ENGINEERING REPORT "STUDY AND REPORT" MILL AVENUE EXTENSION SCOPE The objective of this study was to Develop an Access Plan for ✓ outing traffic from Spring Street to Dickson Street. The Route should be a City Standard Street with Curb and Gutter 31 feet Back -to -Back in a Right -of -Way 50 feet in width; Coordinate results with a similar study by City of Fayetteville for an Access from Rock Street to Spring Street in Route to the New Washington County Court House (First South Property), which would provide a safe access to the existing Washington County Court House and the new Washington County Detention Facility; Present ✓ esults of Recommended Route and Alternate Routes in form of a Report and Maps. See attached EXHIBITS "A" and "B". GENERAL The area under STUDY lays on the Western Slope of Tin Cup Branch between College Avenue on the West and of Willow Avenue on the East.The hillside's terrain is generally steep. The land slopes to the East varying from 3% to 15%. The Topography of the STUDY area is shown on an attached Map, EXHIBIT "A". The Topography of the area provides good drainage characteristics for storm sewers and streets. .Street Construction in the North- South direction of the proposed Route would be practical. The terrain will not prohibit the Construction of a City Standard S treet, with Curb and Gutter 31 feet Back -To -Back, and with a 5 foot sidewalk on one side. Retaining walls would be required in certain areas. The existing neighborhood consist of single family residents with nearby Commercial adjacent to College Avenue on the West. Adjoining the north end of the proposed Access Route are Planned P ublic Buildings, I City Library, New Court House and Parking Decks 1, and an existing church facility. The Proposed Route will partly divide the residential and the commercial areas from Spring Street north to the FIRST SOUTH property. The Southern portion of;the Route will extend through a residential area. The Recommended Route for the Access will cross only two (2) ✓ esidential ownerships and one (1) church parking lot. Maintain- ing the identity of the existing residential neighborhoods was considered important in determining the Recommended Route. PRELIMINARY ENGINEERING REPORT "STUDY AND REPORT" MILL AVENUE EXTENSION ACQUISITION Acquisition of lands for Street Right -of -Way along the Recommended Route has been in the forethought of the City and County. A large portion of said lands between Spring Street and Center Street are presently owned by either the City of Fayetteville or Washington County. Considering the Center -to - Dickson Street Section, which consist of the Washington County Segment plus the City Segment Nos. 1, 2 & 4, only six (6) tracts ( three (31) tracts south of Spring Street and three (3) tracts north of Spring Street ] are not owned by the City nor the County, aslfollows: SOUTH OF SPRING: ( THEIPOOR PROPERTY 1: SEGMENT No. 1: Washington County is attempting to acquire said Lot which adjoins Spring Street. ( 145 EAST MEADOW PROPERTY ]: SEGMENT No. 2: The purchase of said lot is presently being negotiated by the City of Fayetteville. ( GRAVEL PARKING LOT 1: SEGMENT No. 4: Should the City or County consider constructing a tie to College Avenue, this property is West of the 208 East Center and aligns with Center Street to the West. The south 80 feet of said property is recommended for a direct routing of traffic from College Avenue along Center Street onto the proposed Mill Avenue Improvements. The acquisition of the first two tracts above would provide adequate Right -of -Way for the Construction of the contemplated street improvements from Spring Street to Center Street. NORTH OF SPRING: WASHINGTON COUNTY SEGMENT: ( 130'EAST SPRING 1: Recommend Acquisition of a narrow striploff the west side of this Residential Lot with two Dwellings which lies east of proposed Access. ( 124.fEAST SPRING 1: Recommend Acquisition of a narrow strip off the east side of this Residential Lot with two Dwellings which lies west of proposed Access. ( 220 NORTH COLLEGE 1: A 50 foot Right -Of -Way in the North- South direction,. across the east end of the Christian Church Parking Lot, is Recommended for a direct Route for traffic from .Spring Street to the Parking facilities at the New Court House (FIRST SOUTH PROPERTY). The Acquisition of a Right -Of -Way 50 feet in width between the above Residential Lots and across said church parking lot would provide adequate Right -of -Way for the Construction of the contemplated street improvements from Spring Street to the New Court House. PRELIMINARY ENGINEERING REPORT "STUDY AND REPORT" MILL AVENUE EXTENSION DESIGN CHARACTERISTICS An acceptable. Hard Surfaced Street within a 50 feet Right -of -Way, with 31 feet Back -to -Back Curb and Gutter, a 5 feet wide sidewalk and adequate storm drainage can be designed in accordance with the City of Fayetteville's Standard Street Specifications across - the STUDY area. Special considerations should be given to subgrade preparationand protection, steep cross -slopes in certain areas, french drains and storm drainage. The Route Recommended provides a direct Access for adjoining streets and parking lots. The Proposed Route 'will provide vehicles, traveling all directions, a safe traffic pattern for Access into and out of the parking facilities of the new Court House. Street grades at intersections will vary from 2% to 8%. Street grades along the centerline of the Recommended Route will vary from 2% to 8%. Designed Street Sections are Recommended to be equivalent to previouslyiconstructed Appleby Road and Township Road Extensions for the City of Fayetteville. A Study for a Route to provide an Access between Spring Street and Dickson Street has been performed. The Study gave consideration to a good traffic patterns, existing single family Residential Areas, Commercial Developments, Church traffic, Governments offices and feasibility of construction. A RECOMMENDED ROUTE is depicted on attached EXHIBIT "A". The RECOMMENDED Street Construction should be from Center Street to FIRST SOUTH Parking Lot, which consist of the WASHINGTON COUNTY SEGMENT plus CITY SEGMENT Nos. 1, 2 & 4. Should the Proposed Access be constructed in Phases, a good traffic pattern from the FIRST SOUTH Parking Lot south to Center Street isjof utmost importance. The Minimal Improvements for a good traffic pattern should be the Construction of the Recommended WASHINGTON COUNTY SEGEMENT plus CITY SEGMENT Nos. 1 & 2. Said SEGMENT Nos. 1 and 2 do not include the Direct Access to College Avenue through Center Street. RECOMMENDATIONS: PRELIMINARY ENGINEERING REPORT "STUDY AND REPORT" MILL AVENUE EXTENSION FINANCIAL CONSIDERATIONS Estimated Costs for the Recommended Route is provided herein. These Costs shall include all anticipated expenses to complete the Proposed Access street and its connection to adjoining streets and parking lots. Expense items include Preparing this Engineering Report, Acquisition of Right -of -Ways, Engineering and Construction Management Services and all anticipated Street Constructiton items. These estimated costs have been developed for the Prto posed Access, as follows: I. WASHINGTON COUNTY SEGMENT: (320 LF) Spring Street north to the Parking Lot of FIRST SOUTH Property $92,200.00 BREAK DOWN: Engineering Study And Report - $ 4,000.00 Right -Of -Way Acquisition: $10,000.00 Engineering Design and Construction Management $11,200.00 Construction Costs $67,000.00 TOTAL ESTIMATED COSTS $92,200.00 • 1 1 1. 1 1 at 1_ 1 1 1 1 1. • PROJECT OPEN END CONTRACT - TASK ORDER NO. 4 E-269 ENGINEERING SERVICE AGREEMENT CITY OF FAYETTEVILLE 113 west Mountain Street Fayetteville, Arkansas 72701 OWNERS CITY OF FAYETTEVILLE• 113 West Mountain Street Fayetteville, Arkansas 72701. AUGUST 1990 MELVIN L. MILHOLLAND, ENGINEER MILHOLLAND COMPANY Engineering & Surveying 205 West Center Fayetteville, Arkansas 72701 (501) 443-4724 1 1 s1 1 1 1. 1 1 1 1 r' OPEN END CONTRACT - TASK ORDER No. 4 AGREEMENT FOR ENGINEERING SERVICES FOR MILL AVENUE EXTENSION STREET AND DRAINAGE IMPROVEMENTSt. [ SPRING STREET TO CENTER STREET ] • EL269 THIS AEEMENT, made and entered Into this day of 4.0,.....j.-- , 1990, by and between the City of Fayettevill@, Arkansas, hereinafter referred to as the "Owner", and MiIholland Company, Engineering and Surveying, Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "Engineer", i WITNESSED THAT: WHEREAS; the Owner desires to Construct MILL AVENUE EXTENSION from the centerline of Spring Street south to the centerline of Center Street within the City of Fayetteville. 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 partieslhereto, 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. ION tl SECT : DESCRIPTION OF PROJECT: The Project for which engineering services are to be provided is generally described as follows: MILL AVENUE EXTENSION: Design, Acquisition, Bids, and Con- struction Management of a 31 foot Back -to -Back street with storm drainage and a sidewalk in a 50 foot roadway, grading, base and hard surface pavement per City of Fayetteville street specifi- -cations; provide City Street Department Right -of -Way maps and necessary Right -of -Way Descriptions to acquire a 50 foot street easement from the centerline of Spring Street to the centerline of Center Street. 1 1 1. 1 s^ 1 1 1 1' 1 1 1 1 t 1 1 1 1 1 S ECTION 1: DESCRIPTION (CONT'D): Engineering Services for said project shall be separated into three (3) parts as follows: PART I: PART II: PART III: "Engineering Design and Acquisition" "Taking bids through Award of Contract" "Construction Management" SECTION 2: SCOPE OF ENGINEERING SERVICES: Q The Engineer shall provide a suitable staff to perform Basic Engineer Manageme extra it types of P ART I: ing Services, Bid Documentation and Construction nt, including necessary resident inspection, and as an em, Right -of -Way Plats and Descriptions. These various work are more specifically defined as follows: BASIC ENGINEERING SERVICES: Work to be done under this item shall consist of the following: [1] Make field engineering surveys of the. various sites to e stablish the data necessary for the preparation of plans and specifications in order to build the contemplated improvements. The field engineering surveys shall include the location of all e xisting! utilities within street Right -of -Ways as best can be located without excavation. i (2] Prepare a preliminary overall design and cost estimate and ✓ eview same with the Owner prior to final design. (3] Prepare plans and specifications for the proposed 'improvements. The plans shall show the location of the street centerlines, unless otherwise approved. Engineer shall provide Owner with two (2). complete sets of the plans .and specifications. (9] Meet with representatives of all involved utility companies and governmental agencies to coordinate the overall project. [5] Advise the Owner as to soils investigations' that might be ✓ equired and assist in the coordinating of the same. The cost of the soils investigations shall be borne by the Owner. (6) Prepare construction cost estimates. PART I -A• RIGHT-OF-WAY ACQUISITION: Only work as directed by the• Owner shall be done under this section of the contract. The total fee shall not exceed $200.00 per Right -of -Way Plat and Description. All of the above described work shall be completed in such time that the Owner inay receive construction within 60 days after the Engineer receives a "Notice to Proceed" on the project. Time is e xpressly made of the essence of this Agreement. 1 1 ' SECTION 2: SCOPE OF ENGINEERINGS (CONT'D): PART II: TAKING BIDS THROUGH AWARD OF CONTRACT: 1 1 1, 1 1 1 1 Work to be performed under this item shall consist of the following. [1] Assist the Owner in the advertising for and receiving of construction bids, including recommendation of construction contract award. PART III: CONSTRUCTION MANAGEMENT: Under this Phase, the Engineer will perform the following items o f work: [1] Provide for periodic visits to the job sites by a professional engineer to observe the overall progress and quality o f executed work. - [2] Provide for necessary resident inspection of the project construction. [3] Provide a survey crew to lay out the project for construction, excluding any necessary land and Right -of- Way surveys.' [4] Provide a project engineer to manage and coordinate the construction activities. [5] Provide other personnel such as secretaries, draftsmen, e ngineering 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 o f representatives of the Owner, the project engineer, a repre- sentative of the contractor, and any other party designated by the Owner. Payments for the above described work shall be made on an hourly basis as further defined in Section 3 of this contract. 1 1 1 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 1 1 • SECTION 3. COMPENSATION: Compensation for the various types of services,to be provided under this contract shall be made as follows: A. PART I: BASIC ENGINEERING SERVICES: Compensation for basic engineering services shall be a lump sum fee amount of $13,500.00. This fee includes full compensation for every item of work as described in SECTION 2, PART I. The fee is 'based on an estimate of the various classifications of work at, an hourly rate. The hourly rates include direct labor costs plus allowances for indirect labor costs,, overhead, and profit. PART I -A: RIGHT-OF-WAY ACQUISITION: Compensation for PLATS AND DESCRIPTIONS for Additional street Right -of -Ways shall be based on the hours of work actually ✓ equired. The rates to be based charged for the various classifications of personnel shall be identical to those set out u nder Section 3-D below with a MAXIMUM -NOT -TO -EXCEED $600.00 for an estimated two (2) Ownerships. Only work as directed by the Owner shall be done under this section iof the contract. The total fee shall not exceed $300.00 per each Right -of -Way Plat and Description. B. PART II: BIDS THROUGH AWARD OF CONTRACT: Compensation for "Advertisement for Bids" through "Award of Contract" shall be a Fixed Fee of $1,000.00. C. PART- III: CONSTRUCTION MANAGEMENT: compensation for Construction Management Services described in SECTION 2, PART III, .shall be based on the actual hours of the various (classifications of employees that may be necessary to perform 9the work. The total fee shall not exceed $6,500.00 so long as the total construction time is 60 calendar days or less from the date of the "Notice to Proceed" to the construction contractor. If the total construction time exceeds 60 calendar days, then the Engineer shall be compensated for the additional time the various classifications of employees are required to work on the project or the Owner may terminate this agreement by giving the Engineer written Notice of Termination.. • H SECTION I3: COMPENSATION: (Cont'd): D. HOURLY RATES FOR VARIOUS CLASSIFICATIONS OF PERSONNEL: S The hourly rates to be charged for the various classifications of personne'1 are set out below: } HOURLY RATE PER CLASSIFICATION: Professional Engineer $65.00 per hour Registered Land Surveyor $45.00 per hour Engineering: Aide $55.00 per hour ' Secretary $18.00 per hour Survey Crew $65.00 per hour I. Resident Inspector $30.00 per hour Draftsman $25.00 per hour Computer w/Operator $35.00 per hour Travel $00.25 per mile ' The hourly rates shown 'above include total compensation to the Engineer) for all expenses for said services described in SECTION ' 2, PART )III above. E. METHOD OF PAYMENT: ' Partial �payments to the Engineer shall be made monthly as long as the accumulative of payments do not exceed the following: ' 111 PART I: Basic Enqineerinq Services: Sixty-five percent (65%) upon completion of field engineering surveys and preliminary design. Thirty-five percent (35%) upon completion of final plans and o specifications and submittal to the Owner. [2][ PART I -A: RIGHT-OF-WAY PLATS AND DESCRIPTIONS: Payment to be made upon completion of the various items of work as directed by the Owner. [ [3]� PART II: BIDS THROUGH AWARD OF CONTRACT: 90% after opening BIDS, and ' 10 after Award of Construction Contract. [411 PART III: CONSTRUCTION MANAGEMENT: ' Payment to be made on a monthly basis during the construction phase. •,k I I 1 I 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 covenant`s, agreements, or stipullations of the 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 (5) 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 th[is 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 1.7- 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 virtue0of 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 'I 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. 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 [11 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. 1 SECTION 4: GENERAL CONDITIONS (CONT'D): [31 Nonperson 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 trespass4 on any public or private property in performing any of the work embraced by this .contract. ' F. Assiignability ' The Engineer shall not assign any interest in this contract and shall nitot 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. 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 I. program for the purpose of making audits, examinations, excerpts, and transcriptions. 7H. Estim ates Since the Engineer has no control over the cost of labor, materiAls or equipment, or over the methods of determining prices, Ior over competitive bidding or market conditions, the estimates of costs provided are to be made on the basis of the Engineer's experience and qualifications and represent his best judgment, being familiar with the industry, but the Engineer cannot and does not guarantee that established costs will not vary from estimates prepared. ' I . insurance The Engineer shall secure and maintain such insurance as will protect him from claims under the Workmen's Compensation acts and 1'. from claims for bodily injury, death or property damage which may arise from the performance of his services under this contract. St SECTION14: GENERAL CONDITIONS (CONT'D): J. Successors and Assigns Each party of this contract binds himself and his partners, successors, executors, administrators and assigns to the other party off this contract in respect to all covenants of this contracts. Neither party shall assign, sublet or transfer his interestf in this contract without the written consent of the other. I, r 0• I I SECTION EQUAL OPPORTUNITY PROVISIONS: During It he performance of this contract, the Engineer agrees as follows:t [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 tihat applicants are employed, and that the employees are treated (during :employment, without regard to their race, color, religions, sex, or national origin. Such action shall include, but not be 'I limited to the -following: employment upgrading, demotioni,or'transfer, recruitment or recruitment advertising; layoff for training, including apprenticeship. The Engineer agrees t[o post in conspicuous place, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination 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 nationalorigin. SECTION 6: CONFLICT OF INTEREST: [A] Int erest 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. Enqineer 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.Iwhich 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. r1• SECTION -7: OTHER PROVISIONS: In con�e'ction 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. Ii (C] Obtain the necessary lands, easements, and Right -of- ways 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. I. [E] Pay the cost of making necessary soundings, borings, analyses of materials and laboratory work performed by an Independent Certified Materials Lab exclusive of the Engineer's 4 supervision thereof. [F] Pay, all plan review costs and all cost of advertising in connection with the project. ' Original documents, plans, design, and survey notes represent the product 'and training, experience, and professional skill, and ' accordingly belong to and remain the property of the Engineer who produced! them regardless of whether the instruments were copyrighted or whether the project for which they were prepared is executed. k The Engineer shall furnish the Owner two copies of "as -built" drawingsI of each phase of the project at his expense; and the Owner may, at his expense, retain reproducible copies of drawings and copies of other documents. ' 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. I. I� � 1 I. 1 4 1 I. 1 p r.: a E IN WITNESS WHEREOF, the Owner ha' eau5ed 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. CITY OF 'FAYETTEVILLE, ARKANSAS Attest: fl TY MANI R City Clerk MILHOLLAND COMPANY At t e//jjQ� E A Melvin L. Milholland, Owner SecretarySecretary • l 1 __ :l, ui W W W J hi1J/ .5 W t- - - n I AII,cr X OL Z o F I l - W WO w • F- O I I W v,}o W •-. , n a • •'s' Q . a D• •-,n.% Z O � - a 0 / '/ C- / 2 In n Vl �\ -_ W q • I _ V O Y m i 1 ` l :----I Cm \ ///I - 1, • I llnl4 � r� Y 2• I. I � I • L1' r :(I j I : Y ' II / D ° 3 ,I I Y O f . a . .,NI, Yb , D ° �1 1t.Ii J/n " � J UIM i ,11 1 ` D •'Ita ° yH E a DJ 7'•1.1 •'\1.1% .•r1.1 a 3 II ►11 ❑ I I _ r- a. t i'i 3-.' •'�nIF 'D-1 I i 1 Clnl. S — -6T _ jy t \\\{IA✓//Y I U � •H•1F fM1.IX a e a _ IAa _ Y y 11 1•t 1 � i 1 V Y __f •.. t.•1• I n: ii ..I/ -II. -/ 1... I• sa3xss )joox t n� A W awz o f� ( W 0 W o W w m Imo} W 7 i W - C) J m O w %It • n W a p v M = W -• Ito N 0 .=t N s oo Y Z +/ II4 M "• < I. Z "y M dm W a I i II tLB3N.LS C N N �t`# F 233 LN�� o p o O I I /I/� •>EV p ri / 0 M N N •� M N M N N fir} to ly II Z332.S MOQY3W'1._. �'a 3 N E" F A I•,'RLJ t•i O U O Z E r E O O E .. M W . •.,.I% cii W Z II I -I N E W Z W U tall: 1 Z Z_ U W F ❑ O sEll., V[%! - ra V} (''��)Tv( I„ . , ^^ a'a[• 133 LLs >, .p ✓Nfllds z p O o 1 ' - �.•. _�_' e. �r ..r. �x t<' __._ ___ _i, z L U _ m/ Z L ILELIIj31F] L - j 1 ___I: ° - - HtLlIOS tLS8I3 I Vi__•_ . _ 1 :• i .fn' rrv%OI (Z'_ r I