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.
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.� ATTEST:
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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
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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.
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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
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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
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OPEN END CONTRACT - TASK ORDER No. 4
AGREEMENT FOR ENGINEERING SERVICES
FOR
MILL AVENUE EXTENSION
STREET AND DRAINAGE IMPROVEMENTSt.
[ SPRING STREET TO CENTER STREET ]
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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.
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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.
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(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.
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' SECTION 2: SCOPE OF ENGINEERINGS (CONT'D):
PART II: TAKING BIDS THROUGH AWARD OF CONTRACT:
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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.
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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..
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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.
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[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.
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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
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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.
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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.
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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.
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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.
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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.
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(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.
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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.
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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
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