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HomeMy WebLinkAbout17-90 RESOLUTION+ 1 , RESOLUTION NO. »_yo A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OPEN END CONTRACT WITH .MCCLELLAND ENGINEERS, MCGOODWIN ENGINEERS AND MILHOLLAND ENGINEERS FOR SEWER, WATER AND STREET PROJECTS. • BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute an open end contract with McClelland Engineers, McGoodwin Engineers and Milholland Engineers for sewer, water and street projects when timing is an important factor, when the .lob is relatively small, or in any siutation when it is considered in the best interest of the City of utilize the contract. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 6th day cf February ATTEST: By City �eric APPROVED: BY: ;940. 1 • r r INDEFINITE DELIVERY AGREEMENT TO FURNISH SEWER SYSTEM ENGINEERING SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS BASIC AGREEMENT 4 This Agreement made this 6th day of February , between the firm of McClelland Engineers , hereinafter referred to as the ENGINEER, and the City of Fayetteville, Arkansas, hereinafter referred to as the OWNER, wherein the ENGINEER agrees to provide certain engineering services as defined in Article 1 and for the consideration defined in Article 2, in conformance with the schedule set forth in Article 3 herein. ARTICLE 1 The OWNER has selected the ENGINEER to provide certain Sewer System Engineering services to the OWNER for a period of one (1) calendar year from the Board Approval date of this Agreement. These services, when requested by the OWNER, shall be described in specific TASK ORDERS which will describe the specific project involved and will become a part of this AGREEMENT after execution by both parties. The services provided by the ENGINEER are anticipated to include but not be limited to the development of designs, plans, drawings, cost estimates, specifications, bid solicitation, and construction observation/administration as required to execute repair, construction, and general rehabilitative sewer projects. The services may also include fact-finding studies, surveys, investigations, preparation of easement documents, and the economic analysis in support of design activities. ARTICLE 2 The compensation for services to be provided will be determined under each TASK ORDER, based upon a negotiated scope of work using an Hourly Rate Schedule developed for each TASK ORDER. This Contract will have a maximum monetary limit of $250,000 against which individual written TASK ORDERS may be written. The monetary limit on each TASK ORDER shall be $35,000. ARTICLE 3 The ENGINEER shall provide said services in conformance with a time schedule which shall be set forth in each TASK ORDER, as applicable. • 41 ARTICLE 4 Payments to the ENGINEER for services provided as generally described in Article 1 is to be made within 30 days after date of billing. The amount due will be for services rendered during the previous month unless prescribed differently in the TASK ORDER. ARTICLE 5 It is further mutually agreed by the parties hereto: 5.1 That, the OWNER will designate a refresentative to direct and coordinate the ENGINEER's efforts who will be the only source of instructions to the ENGINEER and who shall have the authority to interpret the OWNER's policy as necessary to maintain the ENGINEER's work schedule, administer the Agreement, and certify the ENGINEER's payment request. 5.2 That, the OWNER shall make available to the ENGINEER all technical data in the OWNER's possession, including maps, surveys, borings, and other information required by the ENGINEER and relating to his work. 5.3 That, the estimates of cost for the Projects provided for herein are to be prepared by the ENGINEER through exercise of his experience and judgement in applying presently available cost data, but it is recognized that the ENGINEER has no control over cost of labor and materials conditions, so he can not warrant that the project construction costs will not vary from his cost estimates. 5.4 That, the ENGINEER's Overhead is defined as a percentage of wages or salaries of employees working and premiums measured by or applicable at the time of performance to such wages or salaries, such as, but not limited to, Worker's Compensation Insurance, Social Security, State and Federal unemployment insurance, medical - hospital insurance, salary continuation insurance, pension plan costs, and pro rata allowances for vacation, sick pay, and holiday pay. Direct Labor plus Overhead is defined as Payroll Cost. 5.5 That, the ENGINEER's Direct Expenses are defined as the costs incurred on or directly for the Project, other than the Salary and General Overhead Costs (as defined hereinbefore). Such direct expenses shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by the ENGINEER. Direct expenses shall not include transportation costs except when it becomes necessary to travel outside of the Northwest Arkansas area. 5.6 That, in soils investigation work and in determining subsurface conditions for the Project, the characteristics may vary greatly between successive test points, and sample intervals. The ENGINEER will perform this work in accordance with generally • r 4 1 accepted soils engineering practices and makes no other warranties, expressed or implied, as to the professional advice provided under the terms of this Agreement. 5.7 That, the ENGINEER shall maintain a level of competency presently maintained by other practicing professional engineers in the same type of work in the middle southwestern United States, for the professional and technical soundness and accuracy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. 5.8 Either party may terminate this Agreement any time by a notice in writing to the other party. If the Agreement is terminated as provided herein, the ENGINEER will be paid for services actually performed; the amount of said payment shall bear the same ratio to the total compensation specified in the executed task orders as the services actually performed bear to the total services of the ENGINEER covered by the executed task orders, less payments of compensation previously made. 5.9 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 written amendments to this Agreement. 5.10 That, the OWNER, shall pay for all costs of publishing advertisements for bids and for obtaining permits and licenses that may be required by local, State, or Federal authorities and shall secure the necessary land, easements and rights-of-way as described by the ENGINEER. 5.11 That, all claims, counter -claims, disputes and other matters in question between the OWNER and the ENGINEER arising out of or relating to this Agreement or in the breach thereof, will be decided by arbitration only if both parties hereto specifically agree to the use of arbitration in regard to the individual matter in dispute. 5.12 requiring testimony by third omissions That, in the event of any legal or other controversy the services of the ENGINEER in providing expert in connection with the Project, except suits or claims parties against the OWNER arising out of errors or of the ENGINEER, the OWNER shall pay the ENGINEER for services rendered in regard to such legal or other controversy, on a basis to be negotiated. 5.13 That, visits to the construction site and observations made by the ENGINEER as part of his services shall not relieve the construction contractor(s) of his obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not relieve the construction contractor(s) of his full • r responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions needed to execute construction and inspection. 5.14 That, the ENGINEER shall provide on-site observation personnel and will make reasonable efforts to guard the OWNER against defects and deficiencies in the work of the contractor(s) and to help determine if the construction contract has been fulfilled. Their day-to-day observation will not, however, cause the ENGINEER to be responsible for those duties and responsibilities which belong to the construction contractor(s) and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions incidental thereto, and for performing the construction work in accordance with the Contract Documents. 5.15 That, the ENGINEER has the right to subcontract services; however, the OWNER has the right to reject Subcontractors who perform work on the project in excess of $5,000. 5.16 All documents including drawings, specifications, estimates, field notes and other data pertaining to the work or to the project shall become the property of the OWNER. The OWNER shall not be restricted in the subsequent use of the design, design documents or ideas incorporated in the work. However, the ENGINEER shall bear no responsibility for such reuse of the design unless specifically agreed to in writing. 5.17 That, this Agreement is to be binding on the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. 5.18 The ENGINEER shall not construe this Agreement to be an exclusive contract with the OWNER for any particular type of Engineering Services. The City shall retain the right to use other Engineering Firms for the type of work mentioned in this Contract if, in the opinion of the City, it is in the OWNER's best interest to do so. • • • • • • t ARTICLE 6 IN WITNESS WHEREOF, the parties hereto each herewith subscribe the same in triplicate: FOR THE CITY OF FFA%YETTEVILLE, ARKANSAS BY: G/GL.�e es0712?'G�rrL/ (Name) ATTEST: �iG22� C/ Sown ct,/ ( ' 1 • • INDEFINITE DELIVERY AGREEMENT TO FURNISH STREET AND STORM SEWER SYSTEM ENGINEERING SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS BASIC AGREEMENT This Agreement made this 6rh day of February , between the firm of Milholland Engineering , hereinafter referred to as the ENGINEER, and the City of Fayetteville, Arkansas, hereinafter referred to as the OWNER, wherein the ENGINEER agrees to provide certain engineering services as defined in Article 1 and for the consideration defined in Article 2, in conformance with the schedule set forth in Article 3 herein. ARTICLE 1 The OWNER has selected the ENGINEER to provide certain Street and Drainage Engineering services to the OWNER for a period of one (1) year from the Board Approval date of this Agreement. These services, when requested by the OWNER, shall be described in specific TASK ORDERS which will describe the specific project involved and will become a part of this AGREEMENT after execution by both parties. The services provided by the ENGINEER are anticipated to include but not be limited to the development of designs, plans, drawings, cost estimates, specifications, bid solicitation, and construction observation/administration as required to execute repair, construction, and general street projects. The services may also include fact-finding studies, surveys, investigations, preparation of easement documents, and the economic analysis in support of design activities. ARTICLE 2 The compensation for services to be provided will be determined under each TASK ORDER, based upon a negotiated scope of work using an Hourly Rate Schedule developed for each TASK ORDER. This Contract will have a maximum monetary limit of $100,000 against which individual written TASK ORDERS may be written. The monetary limit on each TASK ORDER shall be $25,000. ARTICLE 3 The ENGINEER shall provide said. services in conformance with a time schedule which shall be set forth in each TASK ORDER, as applicable. • • ARTICLE 4 Payments to the ENGINEER for services provided as generally described in Article 1 is to be made within 30 days after date of billing. The amount due will be for services rendered during the previous month unless prescribed differently in the TASK ORDER. ARTICLE 5 It is further mutually agreed by the parties hereto: 5.1 That, the OWNER will designate a representative to direct and coordinate the ENGINEER's efforts who will be the only source of instructions to the ENGINEER and who shall have the authority to interpret the OWNER's policy as necessary to maintain the ENGINEER's work schedule, administer the Agreement, and certify the ENGINEER's payment request. 5.2 That, the OWNER shall make available to the ENGINEER all technical data in the OWNER's possession, including maps, surveys, borings, and other information required by the ENGINEER and relating to his work. 5.3 That, the estimates of cost for the Projects provided for herein are to be prepared by the ENGINEER through exercise of his experience and judgement in applying presently available cost data, but it is recognized that the ENGINEER has no control over cost of labor and materials conditions, so he can not warrant that the project construction costs will not vary from his cost estimates. 5.4 That, the ENGINEER's Overhead is defined as a percentage of wages or salaries of employees working and premiums measured by or applicable at the time of performance to such wages or salaries, such as, but not limited to, Worker's Compensation Insurance, Social Security, State and Federal unemployment insurance, medical - hospital insurance, salary continuation insurance, pension plan costs, and pro rata allowances for vacation, sick pay, and holiday pay. Direct Labor plus Overhead is defined as Payroll Cost. 5.5 That, the ENGINEER's Direct Expenses are defined as the costs incurred on or directly for the Project, other than the Salary and General Overhead Costs (as defined hereinbefore). Such direct expenses shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by the ENGINEER. Direct expenses shall not include transportation costs except when it becomes necessary to travel outside of the Northwest Arkansas area. 5.6 That, in soils investigation work and in determining subsurface conditions for the Project, the characteristics may vary greatly between successive test points, and sample intervals. The ENGINEER will perform this work in accordance with generally • • . • accepted soils engineering practices and makes no other warranties, expressed or implied, as to the professional advice provided under the terms of this Agreement. 5.7 That, the ENGINEER shall maintain a level of competency presently maintained by other practicing professional engineers in the same type of work in the middle southwestern United States, for the professional and technical soundness and accuracy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. 5.8 Either party may terminate this Agreement any time by a notice in writing to the other party. If the Agreement is terminated as provided herein, the ENGINEER will be paid for services actually performed; the amount of said payment shall bear the same ratio to the total compensation specified in the executed task orders as the services actually performed bear to the total services of the ENGINEER covered by the executed task orders, less payments of compensation previously made. 5.9 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 written amendments to this Agreement. 5.10 That, the OWNER, shall pay for all costs of publishing advertisements for bids and for obtaining permits and licenses that may be required by local, State, or Federal authorities and shall secure the necessary land, easements and rights-of-way as described by the ENGINEER. 5.11 That, all claims, counter -claims, disputes and other matters in question between the OWNER and the ENGINEER arising out of or relating to this Agreement or in the breach thereof, will be decided by arbitration only if both parties hereto specifically agree to the use of arbitration in regard to the individual matter in dispute. 5.12 requiring testimony by third omissions That, in the event of any legal or other controversy the services of the ENGINEER in providing expert in connection with the Project, except suits or claims parties against the OWNER arising out of errors or of the ENGINEER, the OWNER shall pay the ENGINEER for services rendered in regard to such legal or other controversy, on a basis to be negotiated. 5.13 That, visits to the construction site and observations made by the ENGINEER as part of his services shall not relieve the construction contractor(s) of his obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not relieve the construction contractor(s) of his full • • • • responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions needed to execute construction and inspection. 5.14 That, the ENGINEER shall provide on-site observation personnel and will make reasonable efforts to guard the OWNER against defects and deficiencies in the work of the contractor(s) and to help determine if the construction contract has been fulfilled. Their day-to-day observation will not, however, cause the ENGINEER to be responsible for those duties and responsibilities which belong to the construction contractor(s) and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions incidental thereto, and for performing the construction work in accordance with the Contract Documents. 5.15 That, the ENGINEER has the right to subcontract services; however, the OWNER has the right to reject Subcontractors who perform work on the project in excess of $5,000. 5.16 All documents including drawings, specifications, estimates, field notes and other data pertaining to the work or to the project shall become the property of the OWNER. The OWNER shall not be restricted in the subsequent use of the design, design documents or ideas incorporated in the work. However, the ENGINEER shall bear no responsibility for such reuse of the design unless specifically agreed to in writing. 5.17 That, this Agreement is to be binding on the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. 5.18 The ENGINEER shall not construe this Agreement to be an exclusive contract with the OWNER for any particular type of Engineering Services. The City shall retain the right to use other Engineering Firms for the type of work mentioned in this Contract if, in the opinion of the City, it is in the OWNER's best interest to do so. • • • Ito • ARTICLE 6 • • IN WITNESS WHEREOF, the parties hereto each herewith subscribe the same in triplicate: FOR THE CIT( OF FAYETTEVILLE, ARKANSAS BY: ATTEST: ATTEST: idigr • • • • .. • • INDEFINITE DELIVERY AGREEMENT TO FURNISH WATER SYSTEM ENGINEERING SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS BASIC AGREEMENT • This Agreement made this F, -h day of February , between the firm of McGoodwin, Williams, and Yates , hereinafter referred to as the ENGINEER, and the City of Fayetteville, Arkansas, hereinafter referred to as the OWNER, wherein the ENGINEER agrees to provide certain engineering services as defined in Article 1 and for the consideration defined in Article 2, in conformance with the schedule set forth in Article 3 herein. ARTICLE 1 The OWNER has selected the ENGINEER to provide certain Water System Engineering services to the OWNER for a period of one (1) calendar year from the Board Approval date of this Agreement. These services, when requested by the OWNER, shall be described in specific TASK ORDERS which will describe the specific project involved and will become a part of this AGREEMENT after execution by both parties. The services provided by the ENGINEER are anticipated to include but not be limited to the development of designs, plans, drawings, cost estimates, specifications, bid solicitation, and construction observation/administration as required to execute repair, construction, and general water projects. The services may also include fact-finding studies, surveys, investigations, easement preparation, and the economic analysis in support of design activities. ARTICLE 2 The compensation for services to be provided will be determined under each TASK ORDER, based upon a negotiated scope of work using the Hourly Rate Schedule attached as Exhibit A to this Basic Agreement. This Contract will have a maximum monetary limit of $250,000 against which individual written TASK ORDERS may be written. The monetary limit on each TASK ORDER shall be $35,000. ARTICLE 3 The ENGINEER shall provide said services in conformance with a time schedule which shall be set forth in each TASK ORDER, as applicable. • • • • ARTICLE 4 Payments to the ENGINEER for services provided as generally described in Article 1 is to be made within 30 days after date of billing. The amount due will be for services rendered during the previous month unless prescribed differently in the TASK ORDER. ARTICLE 5 It is further mutually agreed by the parties hereto: 5.1 That, the OWNER will designate a representative to direct and coordinate the ENGINEER's efforts who will be the only source of instructions to the ENGINEER and who shall have the authority to interpret the OWNER's policy as necessary to maintain the ENGINEER's work schedule, administer the Agreement, and certify the ENGINEER's payment request. 5.2 That, the OWNER shall make available to the ENGINEER all technical data in the OWNER's possession, including maps, surveys, borings, and other information required by the ENGINEER and relating to his work. 5.3 That, the estimates of cost for the Projects provided for herein are to be prepared by the ENGINEER through exercise of his experience and judgement in applying presently available cost data, but it is recognized that the ENGINEER has no control over cost of labor and materials conditions, so he can not warrant that the project construction costs will not vary from his cost estimates. 5.4 That, the ENGINEER's Overhead is defined as a percentage of wages or salaries of employees working and premiums measured by or applicable at the time of performance to such wages or salaries, such as, but not limited to, Worker's Compensation Insurance, Social Security, State and Federal unemployment insurance, medical - hospital insurance, salary continuation insurance, pension plan costs, and pro rata allowances for vacation, sick pay, and holiday pay. Direct Labor plus Overhead is defined as Payroll Cost. 5.5 That, the ENGINEER's Direct Expenses are defined as the costs incurred on or directly for the Project, other than the Salary and General Overhead Costs (as defined hereinbefore). Such direct expenses shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by the ENGINEER. Direct expenses shall not include transportation costs except when it becomes necessary to travel outside of the Northwest Arkansas area. 5.6 That, in soils investigation work and in determining subsurface conditions for the Project, the characteristics may vary greatly between successive test points, and sample intervals. The ENGINEER will perform this work in accordance with generally • • • • • • • • • • • 1 accepted soils engineering practices and makes no other warranties, expressed or implied, as to the professional advice provided under the terms of this Agreement. 5.7 That, the ENGINEER shall maintain a level of competency presently maintained by other practicing professional engineers in the same type of work in the middle southwestern United States, for the professional and technical soundness and accuracy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. 5.8 Either party may terminate this Agreement any time by a notice in writing to the other party. If the Agreement is terminated as provided herein, the ENGINEER will be paid for services actually performed; the amount of said payment shall bear the same ratio to the total compensation specified in the executed task orders as the services actually performed bear to the total services of the ENGINEER covered by the executed task orders, less payments of compensation previously made. 5.9 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 written amendments to this Agreement. 5.10 That, the OWNER, shall pay for all costs of publishing advertisements for bids and for obtaining permits and licenses that may be required by local, State, or Federal authorities and shall secure the necessary land, easements and rights-of-way as described by the ENGINEER. 5.11 That, all claims, counter -claims, disputes and other matters in question between the OWNER and the ENGINEER arising out of or relating to this Agreement or in the breach thereof, will be decided by arbitration only if both parties hereto specifically agree to the use of arbitration in regard to the individual matter in dispute. 5.12 requiring testimony by third omissions That, in the event of any legal or other controversy the services of the ENGINEER in providing expert in connection with the Project, except suits or claims parties against the OWNER arising out of errors or of the ENGINEER, the OWNER shall pay the ENGINEER for services rendered in regard to such legal or other controversy, on a basis to be negotiated. 5.13 That, visits to the construction site and observations made by the ENGINEER as part of his services shall not relieve the construction contractor(s) of .his obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not relieve the construction contractor(s) of his full • • • • • • • • • • responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions needed to execute construction and inspection. 5.14 That, the ENGINEER shall provide on-site observation personnel and will make reasonable efforts to guard the OWNER against defects and deficiencies in the work of the contractor(s) and to help determine if the construction contract has been fulfilled. Their day-to-day observation will not, however, cause the ENGINEER to be responsible for those duties and responsibilities which belong to the construction contractor(s) and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions incidental thereto, and for performing the construction work in accordance with the Contract Documents. 5.15 That, the ENGINEER has the right to subcontract services; however, the OWNER has the right to reject Subcontractors who perform work on the project in excess of $5,000. 5.16 All documents including drawings, specifications, estimates, field notes and other data pertaining to the work or to the project shall become the property of the OWNER. The OWNER shall not be restricted in the subsequent use of the design, design documents or ideas incorporated in the work. However, the ENGINEER shall bear no responsibility for such reuse of the design unless specifically agreed to in writing. 5.17 That, this Agreement is to be binding on the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. 5.18 The ENGINEER shall not construe this Agreement to be an exclusive contract with the OWNER for any particular type of Engineering Services. The City shall retain the right to use other Engineering Firms for the type of work mentioned in this Contract if, in the opinion of the City, it is in the OWNER's best interest to do so. • • • • • .. • ARTICLE 6 IN WITNESS WHEREOF, the parties hereto each herewith subscribe the same in triplicate: FOR THE CITY OF FAYETTEVILLE, ARKANSAS BY: (Name) ATTE 464/1 �ifAi�tmo� FOR THE EN NEER ellww (Name) BY: TTEST: *yet, (Title(/ `TitT 19/(623. 62. ) • • • • • EXHIBIT A HOURLY RATE SCHEDULE Agreement to Furnish Water System Engineering Services to the City of Fayetteville, Arkansas Employee Classification Hourly Rate Engineer IV $100.00 Engineer III 87.00 Engineer II 65.00 Engineer I 50.00 Administrative 55.00 Architect 50.00 Technician III 42.00 Technician II 37.00 Technician I 30.00 Steno/Secretary 38.00 Clerical 24.00 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas February 1990 7 • • • • • TASK ORDER NO. 1 FOR WATER AND SEWER LINE RELOCATION Required by Highway 156 Reconstruction Highway 71 East and North Arkansas Highway Department Job No. R40059 (Utilities) Fayetteville, Arkansas Project No. Fy-196 4 In accordance with the existing "AGREEMENT TO FURNISH WATER SYSTEM ENGINEERING SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS" dated February 6, 1990, between McGoodwin, Williams and Yates (hereinafter referred to as the Engineer) and the City of Fayetteville, Arkansas (hereinafter referred to as the Owner), the Owner desires that the Engineer will provide specific services relating to the relocation of water and sewer lines with regard to the reconstruction of approximately two miles of Highway 156, otherwise known as Arkansas Highway Department Job No. R40059. The scope of work and compensation for these services are as set out below: SECTION 1. PRELIMINARY ENGINEERING The Engineer is designated by the Owner and is hereby authorized to: A) Make preliminary investigations, preliminary surveys, and establish other data as is required to make cost estimates and recommendations to the Owner relative to the work required. B) Make final surveys, prepare final cost estimates, prepare detailed plans and • • r • • • • 2 specifications and submit same to the Arkansas Department of Health and the Arkansas State Highway and Transportation Department for their review and approval. C) 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 preparation of easement legal descriptions and plats for easement acquisition. In some instances it may be necessary to conduct detailed land surveys to obtain the information necessary to write the legal descriptions and prepare the plats. In such cases, the Engineer will advise the Owner of this need, but will not be responsible for performing any necessary land surveys. D) Prepare easements and tract plats for easement acquisition. E) Assist the Owner in the advertisement and receipt of bids, awarding of construction contracts, preparation of contract documents, and the issuance of the Notice to Proceed. SECTION 2. LAND SURVEYS Under Paragraph C, Section 1, 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) Furnish or obtain the services of a "Registered Land Surveyor" as necessary to provide detailed property surveys. • • 7 • • • • • • 4 • 3 2) Prepare tract maps as may be required. SECTION 3. OTHER WORK Any additional preliminary engineering services required which are outside the scope of this task order and authorized in writing by the Owner and the Arkansas State Highway and Transportation Department will be done by the Engineer. SECTION 4. ITEMS TO BE FURNISHED BY THE OWNER The Owner agrees to furnish the following: A) Access to all available maps or other data relative to the portion of the utility system involved in the project. B) Right -of -entry from property owners to permit necessary field surveys. C) Land record research to determine the apparent land owners, descriptions of the land owners' properties, subdivision plats, and other data that may be required in order to write any required easement legal descriptions and prepare plats for easement acquisition. D) Excavations as needed to determine elevation and/or locations of underground utilities when same cannot be determined by any other procedure. E) Pay all plan review costs and all costs of advertising in connection with the project. SECTION 5. COMPENSATION - PRELIMINARY ENGINEERING A) Basis of Fee The Engineer agrees to provide necessary personnel required to furnish preliminary engineering services as set out in Section 1 of this task order at the following established base salary hourly rates, plus 36 percent for payroll expenses and • . • 4 plus 91 percent of total payroll costs for general overhead expenses. Engineer III ........ $29.15 Engineer II ..................... $21.75 Engineer I ..................... $16.75 Technician III $14.05 Technician II ..................... $12.40 Technician I ....... $10.00 Clerical ......... $ 8.00 Steno/Secretary ..................... $18.40 The Engineer agrees to keep accurate records of the hours of the various persons working on the project and to make available to the Owner supporting documentation of the time required. The rates shall be subject to renegotiation upon the anniversary date of this task order. B) Fee The Owner agrees to pay the Engineer his cost as described above plus a fixed fee of $2,000.00. The estimated engineering fee of $15,327.25 was calculated as follows: Engineer III 20 hours® $29.15 = $ 583.00 Engineer II 4 hours @ $21.75 = 87.00 Engineer I 84 hours @ $16.75 = 1,407.00 Technician III 16 hours @ $14.05 = 224.80 Technician II 180 hours® $12.40 = 2,232.00 Technician I 16 hours @ $10.00 = 160.00 Clerical 4 hours ® $ 8.00 = 32.00 Steno/Secretary 22 hours ® $18.40 = 404.80 Subtotal = $ 5,130.60 Payroll Expense (36%) = 1.847.02 Subtotal Payroll Costs = $ 6,977.62 General Overhead (91%) = 6,349.63 .• 5 Subtotal = $13,327.25 Professional Fee = 2.000.00 Estimated Engineering Fee $15,327.25 In order to provide a means for compensation for work necessary to complete the scope of the work required under Section 1 - Preliminary Engineering, but not included in the above estimate of manhours, the following is added to the Estimated Engineering Fee to obtain the Maximum Engineering Fee. Engineer III 4 hours® $29.15 = $ 116.60 Engineer I 4 hours® $16.75 = 67.00 Technician III 4 hours® $14.05 = 56.20 Technician I 8 hours @ $10.00 = 80.00 Steno/Secretary 4 hours ® $18.40 = 73.60 Subtotal $ 393.40 Payroll Expense (36%) = 141.62 Subtotal Payroll Costs = $ 535.02 General Overhead (91%) = 486.87 Subtotal = $ 1,021.89 Estimated Engineering Fee 15,327.25 Maximum Engineering Fee $16,349.14 The Engineer agrees to a maximum fee not to exceed $16,349.14, including professional fee. C) Payment The Owner agrees to make payment on a monthly basis. SECTION 6. CONSTRUCTION ENGINEERING The Engineer agrees to provide construction engineering services including • construction surveys, resident inspection during the time actual construction is in progress, preparation of partial and final payment estimates, preparation of Plans of Record, and other items of work as needed to coordinate the work between the Owner and the contractor. The fee to be paid the Engineer for construction engineering services shall be based on reimbursement of the Engineer's actual cost plus a lump sum profit. The Engineer agrees to provide the necessary personnel required to furnish construction engineering services at the hourly rates set out under Section 5 of this task order plus 36 percent for payroll expenses and 91 percent for general office overhead expense. The Engineer agrees to keep accurate records of the hours of the various persons working on the project and to make available to the Owner supporting documentation of the time required. The rates shall be subject to renegotiation upon the anniversary date of this task order. The Owner agrees to pay the Engineer his cost as described above plus a fixed fee of $1,700.00. The estimated engineering fee of $13,005.27 was calculated as follows: Engineer III 4 hours® $29.15 = $ 116.60 Engineer I 40 hours® $16.75 = 670.00 Technician III 16 hours® $14.05 = 224.80 Technician II 16 hours® $12.40 = 198.40 Technician I 300 hours @ $10.00 = 3,000.00 Clerical 4 hours ® $ 8.00 = 32.00 Steno/Secretary 6 hours @ $18.40 = 110.40 Subtotal = $ 4,352.20 Payroll Expense (36%) = 1,566.79 7 Subtotal Payroll Costs = $ 5,918.99 General Overhead (91%) = 5.386.28 Subtotal = $11,305.27 Professional Fee = 1.700.00 Estimated Engineering Fee $13,005.27 SECTION 7. COMPENSATION - OTHER WORK Any additional preliminary engineering services required which are outside the scope of this task order and authorized in writing by the Owner and by the Arkansas State Highway and Transportation Department will be done by the Engineer. Reimbursement for work done under this provision will be based on the actual time required, using the rates set out above plus 36 percent for payroll expenses and 91 percent for general overhead. This Task Order is subject to the review and approval of the Arkansas State Highway and Transportation Department. Authorized by: CITY OF FAYETTEVILLE, ARKANSAS 2S City Accepted by: McGOODWIN, WILLIAMS AND YATES, INC. A Charles R. Nickle, Vice -President Date 90 Date W . CCCJJJ a L CP eus a 9fs W I(jff SKELION roue/•. Clue • so. • Coverr ,REENw00p , X11$ •- ✓ _ ff )•It •''H.wwlI LOCK FAYETTEVILLE N I 11 MORROW OR '1 I L 9 WATERL*E RELOCATION I ' • f tOI, �wsys'' — Y — —� I • W I C Rif) ` v •' j ;1 7 J 1 f e -_ 11 OR �. ♦ ) �. r CONTRACT FOR HIGHWAY 156 AHTD #40059 MWY FY -196 OPEN END CONTRACT - TASK ORDER No. I ENGINEERING SERVICES AGREEMENT FOR "STUDY AND REPORT" STREET AND DRAINAGE IMPROVEMENTS TO COURTHOUSE/JAIL FACILITY ACCESS C ROCK STREET TO SPRING STREET I E-269 THIS AGREEMENT, made and entered 1990, by Ir Fayettev lle, Arkansas, hereinafter and Milholland Company, Engineering Engineers of Fayetteville, Arkansas, the "Engineer", WITNESSED THAT: into this ____ 8_ day of and between the City of referred to as the "Owner", and Surveying, Consulting hereinafter referred to as WHEREAS, the Owner desires to have an Engineering Study and Report for a possible access from Rock street North to Dickson Street along a route adjacent to the East boundary of the Old Washington Court House and the New Jail facilities. After a Route is selected, the Owner desires to have Design Plans developed for the Construction of a portion of said Access. from Center Street Northerly to the South Right -of -Way of Spring Street, and for providing access to said New Jail Parking Lot. The Purpose of this Agreement is to make a Study of alternate Routes for the proposed street, and submitt to the Owner the results of said study in the form of a recommendation. • 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: DESC:RIPTION OF PROJECT: The Project for which engineering services are to be provided is generally described as follows: ACCESS ROAD: Investigation, Study and Report of a 31 foot Back -to -Back street in a 50 foot Right -of -Way, grading, base and hard surface pavement with adequate storm drainage per City of Fayetteville street specifications; Provide the Owner maps of recommended Right -of -Way Routes from the North Boundary of Rock Street north to the South Boundary of Spring Street with an access to the New Jail parking facilities. Engineering Services for said project shall be separated into several Parts as follows: PART I: "STUDY AND REPORT" PART II: "SURVEYING AND EASEMENT ACQUISITION DOCUMENTS" PART III: "PRELIMINARY ENGINEERING DESIGN" PART IV: "DETAILED ENGINEERING DESIGN PLANS" PART V: "TAKING BIDS THROUGH AWARD OF CONTRACT" PART VI: "CONSTRUCTION MANAGEMENT" SECTION 2: SCOPE OF ENGINEERING SERVICES: The Engineer shall provide a suitable staff to perform PART I: "STUDY AND REPORT" of the Basic Engineering Services. The various types of work in PART I are more specifically defined as follows: A. PART I: "STUDY AND REPORT" - BASIC ENGINEERING SERVICES: Work to be done under these items shall consist of the following: [1] Make investigations of proposed sites, study alternate Routes, coordinate with the Washington County's proposed New Court House access, and report findings to the Owner. [2] Make field engineering visits of the various sites and determine the basis -necessary for the preparation of recommended routes to build the contemplated improvements. Traffic patterns and safety shall be considered in the recommendations of the proposed street location. [3] Prepare recommended route maps and rough cost estimates, and review same with the Owner. [4] Meet with representatives of all involved utility companies 2 • N. C4] Meet with representatives of all involved utility companies and governmental agencies I Washington County and City of Fayetteville ] to coordinate the overall proposed projects of • both the City of Fayetteville and the County. [5] Advise the Owner as to soils investigations that might be required and assist in the coordinating of the same. The cost of the soils investigations shall be borne by the Owner. SECTION 3: COMPENSATION: Compensation for the various types of services to be provided under this contract shall be made as follows: A. PART I: "STUDY AND REPORT" - BASIC ENGINEERING SERVICES: Compensation for PART I of the Basic Engineering shall be based on the hours of work actually required. The rates to be based charged for the various classifications of personnel shall be identical to those set out under Section 3-B of this Agreement. B. HOURLY RATE PER CLASSIFICATION: The hourly rates to be charged for the various classifications of personnel 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 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 2A 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: Cl] PART I: "STUDY AND REPORT" Basic. Engineering Services: Payment to be made on a monthly basis with a maximum -not -to - exceed of $10,000.00. 3 J 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 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 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 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. P. 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. Pers':'nnel [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. 4 [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 can any public or private property in performing any of the work embraced by this contract. F. Assianabilit The Engineer shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment crr 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. r3. 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 audits, examinations, excerpts, and transcriptions. H. Estimates Since the 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 y 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 hire 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. 5 J 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. [3 SECTION 5: EQUAL OPPORTUNITY PROVISIONS: During the performance of this contract, the Engineer agrees as follows: CA] The Engineer will not discriminate against any employee or applicant for employment because of race, colcrr, religion, sex, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, and that the 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, dernotion,or transfer, recruitment or recruitment advertising; layoff or training, including apprenticeship. The Engineer agrees to 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. [H] 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: CA] 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. [R] 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 c f this contract or to any benefit ti: arise herefrorn. CC] 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. Fl A SECTION 7. OTHER PROVISIONS In connection with the project, the Owner shall: CA] 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. CH] 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 Right -of- Ways for the construction of the work. CD] 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. CE] 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 supervision thereof. CF] 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. The Engineer shall furnish the Owner two copies of "as -built" drawings 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 ether party hereto. IN WITNESS WHEREOF, the Owner has caused these presents to be executed, PART I - "STUDY AND REPORT" as set forth in Sections 1 and 2 herein, 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 FAYETTEVILLE, ARKANSAS Attest: Date: y �i 1990 MILHOLLAND COMPANY Attest: Date: , 1990 Melvin L. Milholland, Owner Secretary OPEN END CONTRACT - TASK ORDER No. 2 ENGINEERING SERVICES AGREEMENT FOR STREET AND DRAINAGE IMPROVEMENTS 1990 CHIP AND SEAL PROGRAM E-270 THIS AGREEMENT, made and entered i 1990, by Fayet eville, Arkansas, hereinafter and Milholland Company, Engineering Engineers of Fayetteville, Arkansas, the "Engineer", WITNESSED THAT: nto this day of and between the City of referred to as the "Owner", and Surveying, Consulting hereinafter referred to as WHEREAS, the Owner desires to improve certain streets and roads to the "City of Fayetteville" Chip and Seal standards eithin the City of Fayetteville. Said list of streets and roads is attached hereto as EXHIBIT "A", and titled "CITY OF FAYETTEVILLE - STREET DEPARTMENT - CHIP SEAL PROGRAM". 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 are to be provided is '• generally described as follows: EXHIBIT No.l: Design Plans, Acquisition, Bid Documents, and • Construction Management of improvements to designated existing street and road beds within existing roadways, grading, base and chip seal surface pavement per City of Fayetteville, street specifications; provide City Street Department Right -of -Way maps and necessary Right -of -Way Descriptions for Acquisition of needed street easements. Engineering Services for said project shall be separated into three (3) parts as follows: PART I: "Engineering Design and Acquisition" PART II: - "Taking bids through Award of Contract" PART III: "Construction Management" SECTION 2 SCOPE OF ENGINEERING SERVICES The Engineer shall provide a suitable staff to perform Basic Engineering Services, Bid Documentation and Construction Management, including necessary resident inspection, and as an extra item, Right -of -Way Plats and Descriptions. These various types of work are more specifically defined as follows: PART I: A. BASIC ENGINEERING SERVICES: Work to be done under this item shall consist of the following: [11 Make field engineering surveys of the various sites to establish 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 existing utilities within street Right -of -Ways as best can be located without excavation. (21 Prepare a preliminary overall design and cost estimate and review same with the Owner prior to final design. (31 Prepare plans and specifications for the proposed improvements. The plans shall show the location of the street centerlines. Engineer shall provide Owner with two (2) complete sets of the plans and specifications. [41 Meet with representatives of all involved utility companies and governmental agencies to coordinate the overall project. (51 Advise the Owner as to soils investigations that might be required and assist in the coordinating of the same. The cost of the soils investigations shall be borne by the Owner. [61 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. All of the above described work shall be completed in such time that the Owner may receive construction Bids and have the construction completed within the 1990 calender year. Time is expressly made of the essence of this Agreement. Payment for the above described work shall be made on an hourly basis as further defined in Section 3 of this contract. PART II: TAKING BIDS THROUGH AWARD OF CONTRACT: 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 of work: 111 Provide for periodic visits to the job sites by a professional engineer to observe the overall progress and quality of executed work. [21 Provide for necessary resident inspection of the project construction. (31 Provide a survey crew to lay out the project for construction, excluding any necessary land and Right -of- Way surveys. (41 Provide a project engineer to manage and coordinate the construction activities. [51 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. [61 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 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 Engineering Services, PARTS I, I -A, II AND III, shall be based on the actual hours of the various classifications of employees that may be necessary to perform the work, with a MAXIMUM -NOT -TO -EXCEED Compensation of $25,000.00. The rates for various classifications of personnel shall be identical to those set out in Section 3-E of this Agreement. 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 PARTS I of the basic engineering services shall be based on the hours of work actually required. The rates to be charged for the various classifications of personnel shall be identical to those set out under Section 3-E of this Agreement. B. 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 required. The rates to be based charged for the various classifications of personnel shall be identical to those set out under Section 3-E below. Only work as directed by the Owner shall be done under this section of the contract. C. PART II: BIDS THROUGH AWARD OF CONTRACT: Compensation for BIDS THROUGH AWARD OF CONTRACT shall be based on the hours of work actually required. The rates to be based charged for the various classifications of personnel shall be identical to those set out under Section 3-E below. D. 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 the work. The rates for various classifications of personnel shall be identical to those set out in Section 3-E of this Agreement. E. HOURLY RATE PER CLASSIFICATION: The hourly rates to be charged for the various classifications of personnel 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 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, PARTS I, I -A, II AND III. The hourly rates include direct labor costs plus allowances for indirect labor costs, overhead, and profit. The total MAXIMUM -NOT -TO -EXCEED fee of $25,000.00 for the total project shall not exceeded so long as the total construction time does exceed the 1990 calender year. If the total construction time exceeds the 1990 calendar year, 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. F. METHOD OF PAYMENT: Partial payments to the Engineer shall be made as long as the accumulative of payments do not exceed the MAXIMUM -NOT -TO -EXCEED amount of $25,000.00, as follows; (1] PART I: Basic Engineering Services: Payment to be made on a monthly basis during the Preliminary and Design phases. [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. [3l PART II: BIDS THROUGH AWARD OF CONTRACT: Payment to be made upon completion of the various items of work as directed by the Owner, after opening BIDS, and after Award of Construction Contract. (4] PART III: 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 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 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 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. 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 audits, examinations, excerpts, and transcriptions. H. Estimates Since the 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 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 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. 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 wi 1 take affirmative action to ensure that applicants are employed and that the employees are treated during employment, without egard to their race, color, religion, sex,or national origin. S ch action shall include, but not be limited to the following: employment upgrading, demotion,or transfer, recruitment or recruitment advertising; layoff or training, including ap renticeship. The Engineer agrees to post in conspicuous place available to employees and applicants for employment, notice to be provided by the Contracting Officer setting fort 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, l color, religion, sex, or national origin. SECTION 6. CONFLICT OF INTEREST (Al Interest of Owner No officer, employee, or agent of the Owner who exercises any functions or responsibilities in t e review or approval or in connection with the carrying out o the project to which this contract pertains shall have any ersonal 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 bene it 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 hereun er. The Engineer further covenants that in the performance 4f this contract, no person having any such interest shall be em Toyed. 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. CITY OF FAYETTEVILLE, ARKANSAS Attest: MILHOLLAND COMPANY Attest: Melvin L. Milholland, Owner Secretary 14 Date: �6 _, 1990 Date: , 1990 • TASK ORDER NO. 2 YEAR STREET BEGINNING AT '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 '90 DELAWARE AVE EAST AVE. ELEVENTH ST. ELEVENTH 51. flip ST. FALLIN AVE. FIFTH ST. FOURTH ST. FOWLER AVE. FRISCO AVE. GREGG AVE. GREGG AVE. HARTMAN AVE. HILLSIDE TR JANICE AVE. KENILWORTH A LEE AVE. LEWIS AVE. LOCUST AVE. NINTH ST. OAKLAND AVE. ROBERTS RD. SPRUCE ST. STONE BRIDGE TWEN Y-SEOOND T. Pzi ;JItaiJ• a • a VE. RD. Tjcc .4ee 2T.'I HILL AVE. DEAD END CLEVELAND ST. SLIGO ST. OLIVER AVE. CLEVELAND SANG AVE. CLINE AVE. YVONNE DR. STONE ST. SOUTH sr. COLLEGE AVE. DUNN AVE. WASHINGTON MAPLE ST. SCHOOL AVE. COMBS AVE. CLEVELAND ST. DEAD RID DOUGLAS ST. SIXTH ST. HOTZ DR. JOYCE ST. JANICE AVE. DEAD END BERTHA ST. CLEVELAND ST. NINTH ST. SCHOOL AVE. HUGHES sr. CITY LIMITS GREGG AVE. WYMAN RD. SCHOOL AVE. HILLSIDE TERR. DEAD END SPRUCE ST. o?G5 LENGTH WIDTH COST 730 218 253 194 388 400 595 430 •367 710 136 297 339 286 1287 327 160 400 974 230 475 283 1505 445 223 237 410 889 261 109 723 542 2722 800 2291 220 592 15 12 20 18 14 21 12 23 19 20 20 14 21 18 16 21 12 16 14 20 19 12 30 17 12 23 20 18 20 12 22 18 19 14 22 25 20 E3 3,163 755 1,461 1,008 1,569 2,426 2,062 2,857 2,014 4,102 785 1,201 2,056 1,487 5,949 1,983 554 1,848 3,939 1,328 2,607 981 13,043 2,185 773 1,574 2,368 4,623 1,508 377 4,595 2,818 14,940 3,235 14,561 1,588 3,420 32,257 150,000 11 S. OPEN END CONTRACT - T�SK ORDER No. 3 ENGINEERING SERVICES AGREEMENT FOR "STUDY AND REPORT" STREET SURFACE IMPROVEMENTS TO THE FAYETTEVILLE STEET SYSTEM I VARIOUS LOCATIONS I E-271 THIS AGREEMENT, made and entered Into this / day of 1990, b and between the City of Fayettevi e, Arkansas, hereinafter ieferred to as the "Owner", and Milholland Company, Engineering and Surveying, Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "Engineer", WITNESSED THAT: WHEREAS, the Owner desires to have an Engineering Study and Report of the various existing cit streets which may require surface repair and/or reconstruction. After streets are selected, the Owner desires, under eparate Agreement, to have Design Plans, Bid and Construction Documents developed for the Asphalt Overlay and/or Asphalt Recycling. The Purpose of THIS Agreement is to make a Study of various streets which need surface repair and/or reconstruction and Report to the Owner the results of said Study in the form of,a recommendation. WHEREAS, the Engineer has sufficient experienced personnel and equipment to perform the work descri ed in this Agreement, NOW THEREFORE, In consideration o� 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 r quired engineering services as hereinafter set out; and the Enineer agrees to provide said services. 1 SECTION 1: DESCRIPTION OF PROJECT: The Project for which engineering services are to be provided is generally described as follows: SURFACE REPAIR AND/OR RECONSTRUCTION: Investigation, Study and Report of the type and extent of recommended improvements to the existing streets selected by the City Street Department for the 1990 Asphalt Overlay Program. Cons deration shall be given to the most appropriate and cost e fective method of surface treatment, including base repair, overlay, recycling, and spot repair. Initial cost and life cycle costs will be considered. The entire street sections, Back -to- ack street curbs in existing street Right -of -Ways, grading, ba e, sub -base, and surface pavement, and storm drainage per tity of Fayetteville street specifications, will be evaluated and the Owner provided with maps of recommendations. Engineering Services for said project shall be as follows: "TASK ORDER No. 3": PART I: "STUDY AND REPORT" The Engineer shall provide a suitable staff to perform PART I: "STUDY AND REPORT" of the Basic Engineering Services. The various types of work in PART I are more specifically defined as follows: A. PART I: "STUDY AND REPORT" - BASIC ENGINEERING SERVICES: Work to be done under these items shall consist of the following: [1] Make field engineering visits f the various street sites and determine the basis necessary for the preparation of recommended streets to be considered for the contemplated improvements. Traffic patterns and afety shall be considered in the recommendations of the propos d street improvements. [2) Prepare recommended lmprove�tent maps and rough cost estimates, and review same with the wner. (31 Meet with representatives of a 1 involved utility companies and governmental agencies to coordinate the overall proposed improvement projects of the City of investigations ayetteville. [4] Advise the Owner as to soils that might be required and assist in the coordinating of the same. The cost of the soils investigations shall be bo ne by the Owner. Is • SECTION 3: COMPENSATION: Compensation for the various types, of services to under this contract shall be made as' follows: F.! rr - be provided Compensation for PART I of the Basic Engineering shall be based on the hours of work actually required. The rates to be based charged for the various classifications of personnel shall be identical to those set out under Section 3-B of this Agreement. B. HOURLY RATE PER CLASSIFICATION: The hourly rates to be charged for the various classifications of personnel are set out below: HOURLY RATE PER CLASS FICATION: Professional Engineer Registered Land Surveyor Engineering Aide Secretary Survey Crew Resident Inspector Draftsman Computer w/Operator Travel $65.00 $45.00 $55.00 $18.00 $65.00 $30.00 $25.00 $35.00 $00.25 per per per per per per per per per hour hour hour hour hour hour hour hour mile The hourly rates shown above incluTge total compensation to the Engineer for all expenses for said services described in SECTION 2A above. E. METHOD OF PAYMENT: Partial payments to the Engineer shad be made monthly as long as the accumulative of payments do not xceed the following: [1] PART I: "STUDY AND REPORT" Basic Engineering Services: Payment to be made on a monthly basis with a maximum -not -to - exceed of $15,000.00. 3 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 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 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 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 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. 4 (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. 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 audits, examinations, excerpts, and transcriptions. H. Estimates Since the 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 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 from claims for bodily injury, death or property damage which may arise from the performance of his services under this contract. 5 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. F 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 the 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 training, including apprenticeship. The Engineer agrees to 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 national origin. SECTION 6: CONFLICT OF INTEREST: [Al 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. 7 II 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 Right -of- Ways for the construction of the work. IN 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 performed by an Independent Certified Materials Lab exclusive of the Engineer's 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. The Engineer shall furnish the Owner two copies of "as -built" drawings 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. lii S. II 0 IN WITNESS WHEREOF, the Owner has caused these presents to be executed, PART I - "STUDY AND REPORT" as set forth in Sections 1 and 2 herein, 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 FAYETTEVILLE, ARKANSAS Attest: MILHOLLAND COMPANY Attest: Melvin L. Milholland, Owner Secretary Date r 1990 Date:__ 1990 STREET FROM TO LENGTH WIDTH SQ. YDS. ------------------------------------------- 4 I. E-27/ kiox TALESIAN RANDALL 946 26 2,733 BRCPHY TOWNSHIP TOWNSHIP /f$V 1,666 29 5,368 NORTIIWOOD SANDPIPER SANDPIPER 840 34 3,173 *.SANDPIPER SANDPIPER SANDPIPER 839 21 2,237 ALICE MARTIN NOLAN 299 24 797 COMMON TOWNSHIP DEAND END 678 36 2,712 ELIZABETH STANTON MEADOWCLIFF 1,552 30 5,173 HARLOD SIIERYL LOXLEV 1,285 23 3,284 LOXLEY HILLDALE OAKS MANOR 691 30 2,313 OAKS >IANOR BONNIE SHERYL 1,302 30 4,340 WARWICK MAKEIG KATHERINE 371 30 1,237 DEAN SOLOMON MT. COMFORT MOORE LANE 1,840 21 4,293 HALL CLEVELAND - NORTH 1,340 25 3,722 HEFLEY LEWIS DEAD END 838 17 1,583 HENDRIX ADDINGTON GARLAND 863 21 2,014 LAWSON LAWSON SANG 944 25 2,622 MAXWELL MAXWELL (S) MAXWELL (N) 310 18 620 MAXWELL GARLAND MAXWELL 1,083 18 2,166 MT. COMFORT STEPHENS ADDINGTON 630 21 1,470 . COMFORT WOODLARK RAVEN 1,045 30 3,483 .DRYER WDDINGTON HATFIELD 447 24 1,192 VISTA WEDINGTON HOLLY 650 28 2,022 W. DEERY LONNIE SANG 1.084 21 2,529 \DAMS FRISCO GREGG 378 25 1,050 CLEBURN GREGG VANDEVENTER 649 25 1,803 GREGG ADAMS- NORTH 340 27 1,020 OAI:LASD DOUGLAS CLEVELAND 740 18 1,480 STORER EAGLE HUGHES 678 24 1,808 41%.ANOEVE`.'TER ADAMS NORTH 346 22 846 VANDEVENTER CLEDCRN HAWTHORN 302 22 738 V%NDEVENTER HOLLY LAWSON 531 21 1.239 WOOLSEY NORTH HOLLY 751 21 1,752 ANSON DEAD END RUTH 664 24 1.771 y'.1'FLEDI'RS APPLEOL'RY TANGLEBRAIR 254 28 790 CLEDCRN COLLEGE WILLOW 749 17 1.415 CREST NORTHVIEW DEAD END 686 20 1,524 EDGEIIILL LAKERIDGE DEAD END 1,052 21 2.455 ELM AUSTIN BRAIRW'OOD 954 25 2,650 IIILLCREST ABSIIIRE W'OODCREST 407 21 950 HCMMINGRIRD CARDINAL MOCKINGBIRD 382 24 1,019 JACKSON JACKSON (N) JACKSON (N) 182 26 526 OLIVE GL'NTER JOHNSON 341 19 720 WANEETAH NORTH OAKWOOD 498 21 1.162 CAMBRIDGE ORISTOL MISSION 654 43 3.125 ''WOOD INWOOD WIIIPOORWILL 887 26 2,562 LOVERS CANTERBURY 1.205 25 3,347 ,_a1'ERS ACENTER PALMER COURT 295 17 55T GARLAND SIXTH CALIFORNIA 1.068 24 2,848 IIARTMAN PALMER CENTER 360 25 1.000 LEROY POND RAZORBACK CALIFORNIA 1,111 26 3,210 s �' RKHA!1 SMITH RAZORBACK 193 ADOW GREGG WEST 354 NETTLESIIIP GRAHAM RAZORBACK 75 SANG CENTER SANG 612 STONE - BUCHANAN DUNCAN 300 STONE HILL DEAD END 225 VIRGINIA CALIFORNIA CALIFORNIA 40 WALTON DEAD END RAZORBACK 520 WEST ROCK MOUNTAIN 378 WILLIAMS DEAD END UNIVERSITY 620 CENTER COLLEGE COUNTY 171 1,093 CENTER SCHOOL BLOCK LAFAYETTE HIGHLAND COLLEGE 46 MEADOW LOCUST CHURCH 366 MEADOW EAST COLLEGE 480 MORNINGSIDE 15TH HUNTSVILLE 2,637 MORNINGSIDE PUMP STATION 15TH 62 y PRING LOCUST EAST 362 SPRING WASHINGTON TRENT 305 SPRING WALNUT FLETCHER 812 24TH 24TH COUNTRY CLUB 1,308 PERSIMMON COUNTY RD. 648 46TH 1,273 i A 26 19 22 18 25 12 25 27 20 IB 35 32 40 25 33 27 22 30 28 20 24 21 558 747 1,161 1,224 833 300 2,333 1,560 840 1,240 665 3,886 1,538 1,017 1,760 7,911 5,774 3,110 949 1,804 3,488 2,973 4 • , ARKANSAS STATE HIGHWAY awl TRANSPORTATION DEPARTMENT Maurice Smith, Director Telephone (501) 569-2000 September 5, 1990 Ma. Donald Bunn FayettevLtte Water. 9 Sewe4 113 Weot Mountain Fayettev.itte, A' h.an4a4 72701 P.O. Box 2261 Little Rock, Arkansas 72203 I $E; 1 Job 4968 (Ut.iUtie4) BRO-0072 (.10) Poplaa St. Bu.i.dge (Fayettev.itte) Wa4hLngton County Dean Mr. Bunn: I have examined the propo.ed contract between the City o6 Fayetteuifle and McClelland Con4u.tting Eng.ineeA4 and bound U to be 4atL46actory. There6ore, I am LetunnAng the atig.i.nal4 to you bon. 4.igning by the City Repne4entatLve. Pleaoe 6onward one completed copy to thi,4 o66.i.ce 6or our 6.itea. Your4 truly, QVv VVaO Ron Wand Utility Coordinator Ut.ilitLe4 Section Right o6 Way D.i.vLsLon RWW/dah I .l PROJECT: Jrr a''f�[ r et 8r'a9-c ENGINEER: Me c1/e//ad enxm/Icy ayii 69 -a5-`t0 Accou i g Supervisor Date Cit Attorney Date 0 FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Sherry Thomas, City Clerk FROM: City Engineer SUBJECT: Signature for Task Order No. 5 Street and Drainage Engineering Overlay Program DATE: August 31, 1990 Attached are two originals of Task Order No. 5 for execution by either the City Manager or the Mayor. This Task Order is subsidiary to the Open End Contract with Milholland Engineers approved by the Board of Directors earlier this year. Please obtain the necessary signatures and return one of the originals to me. Thank You. FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Kevin Crosson, Administrative Services Director FROM: City Engineer SUBJECT: Task Order No. 5, Milholland Engineers 1990 Street and Drainage Improvements DATE: August 24, 1990 Attached for Administrative Services review is Task Order No. 5 from Milholland Engineers, Street and Drainage Improvements. This is for engineering work related to the 1990 Chip and Seal and Overlay Program contained in the Street O and M Budget. This contract is subsidiary to the Street Open-Ond Contract executed by the Board of Directors earlier in the year. This Task Order is for a not -to -exceed amount of $25,000.00. The total of Task Orders 1-5 is now $100,000.00 which is the limit under the terms of the Open -End Contract. Thank You. i PROTECT: ENGINEER: Wfl Accou ing Suvisor Date 0-90 City Atto ney Date I AGREEMENT FOR ENGINEERING SERVICES ' 1990 STREET SURFACE IMPROVEMENT PROGRAM 1 1 August, 1990 1 I MILHOLLAND COMPANY Engineering & Surveying 205 West Center St. Fayetteville, Arkansas 72701 (501) 443-4724 1 i 1 1 1 U 1 • 1 ' 1990 STREET SURFACE IMPROVEMENT PROGRAM STREET AND DRAINAGE IMPROVEMENTS (VARIOUS LOCATIONS] IE-272 THIS AGREEMENT, made and entered into this day of , 1990, by and between the City of Fayett ville, Arkansas, hereinafter referred to as the "Owner", and Milholland Company, Engineering and Surveying, Consulting ' Engineers of Fayetteville, Arkansas, hereinafter referred to as the "Engineer", I H I I L1 J [I I I WITNESSED THAT: WHEREAS, the Owner desires to Construct certain structural and drainage improvements to extend the life of various streets 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 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 are to be provided Is generally described as follows: VARIOUS STREET SEGMENTS: Design, Construction Documents and Bids for the RE -CONSTRUCTION and/or UPGRADING of various street widths with storm drainage, french drains and sidewalks within existing street right-of-ways, consisting of sub -grade and base repair, grading, milling and hard surface pavement per City of Fayetteville street specifications; Assist the City of Fayette- ville Public Works Department in requesting and evaluating Bids, and make recommendations of Award of Construction Contract. U I I Engineering Services for said project shall be separated into two ' (2) parts as follows: PART II: "Engineering Design and Construction Documents" ' PART III: "Taking bids through Award of Contract" SECTION 2: SCOPE OF ENGINEERING SERVICES: ' The Engineer shall provide a suitable staff to perform Basic Engineering Services, Bid Documentation and Recommendation of Award of Contract. These various types of work are more specifically defined as follows: PART II: "ENGINEERING DESIGN AND CONSTRUCTION DOCUMENTS": ' BASIC ENGINEERING SERVICES: Work to be done under this item shall consist of the following: ' [11 stake field engineering surveys of the various sites to establish 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 existing utilities within street Right -of -Ways as best can be located without excavation. 12) Prepare a preliminary overall design and cost estimate and review 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 and the improvements desired. Engineer shall provide Owner with two (2) complete sets of the plans and specifications. [11 Meet with representatives of all involved utility companies 'and governmental agencies to coordinate the overall project. [51 Advise the Owner as to soils investigations that might be ' required and assist in the coordinating of the same. The cost of the soils investigations shall be borne by the owner. ' (61 Prepare construction cost estimates. PART III: TAKING BIDS THROUGH AWARD OF CONTRACT: Work to be performed under this item shall consist of the following. 1 [il Assist the owner in the advertising for and receiving of construction bids, including recommendation of construction contract award. Payments for the above described work shall be made on an hourly basis as further defined in Section 3 of this contract. L SECTION 3. COMPENSATION: Compensation for the various types of services to be provided under this contract shall be made as follows: A. PART II: ENGINEERING DESIGN AND CONSTRUCTION DOCUMENTS: Compensation for basic engineering services shall be based on the hours of work actually required. The rates to be charged for the various classifications of personnel shall be identical to those set out under Section 3-C of this Agreement. The hourly rates ' include direct labor costs plus allowances for indirect labor costs, overhead, and profit. • ' Be PART III: BIDS THROUGH AWARD OF CONTRACT: Compensation for "Advertisement for Bids" through "Award of Contract" shall be based on the hours of work actually required. ' The rates to be charged for the various classifications of personnel shall be identical to those set out under Section 3-C of this Agreement. The hourly rates include direct labor costs plus allowances for indirect labor costs, overhead, and profit. C. HOURLY RATES FOR VARIOUS CLASSIFICATIONS OF PERSONNEL: The hourly rates to be charged for the various classifications of personnel are set out below: HOURLY RATE PER CLASSIFICATION: Professional Engineer $65.00 per hour I Registered Land Surveyor 545.00 per hour Engineering Aide $55.00 per hour Secretary $18.00 per hour ' Survey Crew 565.00 per hour 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, PARTS II & III above. D. METHOD OF PAYMENT: Partial payments to the Engineer shall be made monthly as long as the accumulative of payments do not exceed the following: I1] PART II AND PART III: "Basic Engineering Services": Payment to be made on a monthly basis with a MAXIMUM -NOT - TO -EXCEED amount of $25,000.00. 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 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 docume.ts, 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 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. (21 All the services required hereunder will be performed by the in Engeer 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. I I I [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 I I I 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. ' 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 audits, examinations, excerpts, and transcriptions. ' H. Estimates ' Since the 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 the I 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 from claims for bodily injury, death or property damage which may 'arise from the performance of his services under this contract. I 1 LI I J. Successors and Assigns I I I I �II I P P I I I I I 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. 14 P H I SECTION 5. EQUAL OPPORTUNITY PROVISIONS I I I I I I'H During the performance of this contract, the Engineer agrees as follows: (Al 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 the 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 training, including apprenticeship. The Engineer agrees to 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 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. 1 L I SECTION 7. OTHER PROVISIONS In connection with the project, the Owner shall: ' (Al 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. [H] Mike 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 Right -of- Ways for the construction of the work. I I C L H I H I L H [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 performed by an Independent Certified Materials Lab exclusive of the Engineer's supervision thereof. [F] Pay all plan review costs and all cost of advertising in connection with the project. Original documents, plans, design, and survey product and training, experience, and prof accordingly belong to and remain the property produced them regardless of whether the copyrighted or whether the project for which is executed. notes represent the essional skill, and of the Engineer who instruments were they were prepared The Engineer shall furnish the Owner two copies of "as -built" drawings 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. H I L I H L I 7 I L C 1 1 1 1 1 I 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. CITY OF FAYETTEVILLE, ARKANSAS MILHOLLAND COMPANY Attest: Me n ilholland, Owner .d%.r AX:aa .1 -- 12 Date: , 1990 Date:_ , 1990 I MICROFILMED \J42 TASK ORDER NO. 3 FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS As Recommended in the 1989 Water Master Plan Study Fayetteville, Arkansas Project No. Fy-200 In accordance with the existing "AGREEMENT TO FURNISH WATER SYSTEM ENGINEERING SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS" dated February 6, 1990, between McGoodwin, Williams and Yates (hereinafter referred to as the Engineer) and the City of Fayetteville, Arkansas (hereinafter referred to as the Owner), the Owner desires that the Engineer will provide specific services relating to several immediate water distribution system improvements which were described in the 1989 Water Master Plan Study and are set out below. HUSH PUPPY IMPROVEMENTS: 10,500 L.F. 8 -Inch Water Line $197,000 SOUTH MOUNTAIN IMPROVEMENTS: New Fire Pump 25,000 HAPPY HOLLOW IMPROVEMENTS: 2,200 L.F. 8 -Inch Water Line 41,000 MISSION BLVD. IMPROVEMENTS: 2,875 L.F. 8 -Inch Water Line ............................ 55,000 EVELYN HILLS IMPROVEMENTS: Relocate Fire Hydrants ................................ 19.000 TOTAL $337,000 The scope of work and compensation for these services are as set out below. f L SECTION •1. BASIC ENGINEERING SERVICES The Engineer is designated by the Owner and is hereby authorized to: A) Make preliminary investigations, preliminary surveys, and establish other data as Is required to make cost estimates and recommendations to the Owner relative to the work required. B) Make final surveys, prepare final cost estimates, prepare detailed plans and specifications and submit same to the Arkansas Department of Health for their review and approval. C) 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 preparation of easement legal descriptions and plats for easement acquisition. In some instances it may be necessary to conduct detailed land surveys to obtain the information necessary to write the legal descriptions and prepare the plats. In such cases, the Engineer will advise the Owner of this need, but will not be responsible for performing any necessary land surveys. D) Prepare easements and tract plats for easement acquisition. E) Assist the Owner in the advertisement and receipt of bids, awarding of construction contracts, preparation of contract documents, and the issuance of the Notice to Proceed. SECTION 2. LAND SURVEYS Under Paragraph C. Section 1, 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 L r } K surveys and to prepare certain tract maps. As directed by the Owner, the Engineer will perform the following work: 1) Furnish or obtain the services of a "Registered Land Surveyor" as necessary to provide detailed property surveys. 2) Prepare tract maps as may be required. SECTION 3. CONSTRUCTION MANAGEMENT SERVICES The Engineer agrees to provide construction management services including construction surveys, periodic resident inspection during the time actual construction is in progress, preparation of partial and final payment estimates, preparation of Plans of Record, and other items of work as needed to coordinate the work between the Owner and the contractor. SECTION 4. ITEMS TO BE FURNISHED BY THE OWNER The Owner agrees to furnish the following: A) Access to all available maps or other data relative to the portion of the utility system involved in the project. B) Right -of -entry from property owners to permit necessary field surveys. C) Land record research to determine the apparent land owners, descriptions of the land owners' properties, subdivision plats, and other data that may be required in order to write any required easement legal descriptions and prepare plats for easement acquisition.. D) Excavations as needed to determine elevation and/or locations of underground utilities when same cannot be determined by any other procedure. E) Pay all plan review costs and all costs of advertising in connection with the project. I x 12 SECTION' 5. COMPENSATION The Engineer agrees to provide the necessary personnel required to furnish basic engineering services and construction management services at the hourly rates set out in the existing "Agreement to Furnish Water System Engineering Services to the City of Fayetteville, Arkansas" dated February 6, 1990. A cost ceiling of $35,000 is hereby established for the contemplated work. The Engineer agrees to keep accurate records of the hours of the various persons working on the project and to make available to the Owner supporting documentation of the time required. The rates shall be subject to renegotiation upon the anniversary date of this task order. SECTION 6. OTHER WORK Any additional engineering services required which are outside the scope of this task order and authorized in writing by the Owner will be done by the Engineer. Reimbursement for work done under this provision will be based on the actual time required using the rates previously established. Authorized by: CITY OF FAYETTEVILLE, ARKANSAS /7 Lineb , CManager Date Accepted by: McGOODWIN, WILLIAMS AND YATES, INC. Charles R. Nickle, Vice -President Date I 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 OPEN END CONTRACT - TASK ORDER No. 4 AGREEMENT FOR ENGINEERING SERVICES FOR MILL AVENUE EXTENSION STREET AND DRAINAGE IMPROVEMENTS I SPRING STREET TO CENTER STREET I E-269 THIS Aq EEMENT, made and entered Into this day o£ _y 1990, by and between the City of Fayettevill , Arkansas, hereinafter referred to as the "Owner", and Milholland Company, Engineering and Surveying, Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "Engineer", WITNESSED THAT: WHEREAS, the Owner desires to Construct MILL AVENUE EXTFNSION from the center_ine 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 partiee employ hereto, the herein Engineer stipulate cor.t_ained, and to perform the agree the Cwner required and that the the Cwner engineering Engineer, the does hereby services as services. hereinafter set cut; and the Engineer agrees to provide said :ECTION 1: DESCRIPTION OF PROJECT: Thr• Project for which engineering services are tc be provided is generally described as follows: II MILL AVENUE EXTENSION: Design, AcgiiisItlen, Bids, ar.d Con- struction Management of a 31 foot Back -to -Back street with storm •irainage and a sidewalk 1n a 53 foot roadway, grading, base and hard surface pavement per city of Fayetteville street specifi- -cations; provide City Street Department Right -of -Way maps and rne:essary Right -of -Way Descriptions to acquire a 50 foot street easement from the centerline of Spring Street to the centerline of Center Street. r 1 SECTION 1: DESCRIPTION (CONT'D)• Engineering Services for said project shall be separated into three (3) parts as follows: PART I: "Engineering Design and Acquisition" PART II: "Taking bids through Award of Contract" PART III: "Construction Management" SECTION 2: SCOPE OF ENGINEERING SERVICES: 4 The Engineer shall provide a suitable staff to perform Basic Engineering Services, Bid Documentation and Construction Management, including necessary resident inspection, and as an extra item, Right -of -Way Plats and Descriptions. These various types of work are more specifically defined as follows: PART I: 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 establish 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 existing utilities within street Riyht-of-Ways as best can he located without excavation. (2) Prepare a preliminary overall design and cost estimate and review 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. (4] 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 required 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 riot 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 may receive construction within 60 days after the Engineer receives a "Notice to Proceed" on the project. Time is expressly made of the essence of this Agreement. SECTION 2: SCOPE OF ENOINEER:NGS (CCNT'D): PART. II: TAKING BIDS THROUGH AWARD OF CONTRACT: Work to be performed under this item. shall consist cf the following. 11) Assist the Owner in the advertising for and receiving of cor.structiun bids, including recommendation of construction contract award. PART III: CONSTRUCTION MANAGEMENT: Under this Phase, the Engineer will perform the following items of work: [1] Provide for periodic visits to the jab s'.tes by d professional engineer to observe the overall progress and qua1 ty of executed work. (21 Provide for necessary resident inspection of the project construction. Ml Provide a survey crew tc lay out the project for -,)rutruction, excluding any necessary land and Right -of- Way survey;. :4] Pr_)vide 3 project engineer to manage and coordinate the r11 tructio❑ activities. :s; Provide other personnel such a:, secretaries, draftsmen, engineering technicians, etc., as may be needed to assist the project engineer In the various activities that :nay be required. (61 Prepare monthly partial payment estimates and a final payment estimate to the contractor, including the assembly cf written guarantees which are required by the contract documents. I%1 Pr:vi:ie for final inspection of the project in the company of representatives oof the Ow:rer, tn- project engineer, a repre- sentative cf the contractor, and any other party designated by the Owner. Fayrients f or the ahw•ve described wore shall be made on an hourly basis as furt`k.'r defirieiI Ir. Sect Ion 3 of this contract. I I,r 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 required. The rates to be based charged for the various classifications of personnel shall be identical to those set out under Section 3-D below with a MAXIMUM -NOT -TO -EXCEED 5600.00 for an estimated two (2) ownerships. Only work as directed by the Owner shall be done under this section of 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 the work. The total fee shall not exceed 86,500.00 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. SECTION 3: COMPENSATION: (Cont'd): D. HOURLY RATES FOR VARIOUS CLASSIFICATIONS OF PERSONNEL: The hourly rates to be charged for the various classifications of personnel are set out below: HOURLY RATE PER CLASSIFICATION: Professional Engineer $65.00 per hour Registered Land Surveyor 845.00 per hour Engineering Aide $55.00 per hour Secretary $18.00 per hour Survey Crew $65.00 per hour 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: fl] PART I: Basic Engineering Services: Sixty-five percent (65%) upon completion of field engineering surveys and preliminary design. Thirty-five percent C35%) upon completion of final plans an specifications and submittal to the Owner. [2) PART :-A: RIGHT-OF-WAY PLATS AND DESCRIPTIONS: Payment to be made upon completion of the various items of work as directed by the Owner. L3; PART::: BIDS THROUGH AWARD OF CONTRACT: 90% after opening BIDS, and 13% after Award of Construction Contract. [4] PART III: CONSTRUCT:ON MANAfEMENT: 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 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 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 virtue4of 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 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. SECTION 4: GENERAL CONDITIONS (CONT'D): [3] Nc person who is serving sentence in a penal or correctional institution, shall be employed on wcrk order 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 ccmmit no trespass on any pub=ic or private property in perfcrmir.g any of the work embraced by this contract. F, Assignability The Enqineer shall not assign any interest in this contract and si.all not transfer any interest 'n the same (whether by assignment or ncvation) without the prior written approval of the Owner; provided, however, that claim:. for money due or t•D :;ecome due the Engineer from the owner under this contract may be assigned to a bank, trust company, or other financial institution, or tc a trustee in bankruptcy, without such approv31. Notice of any such assignment or transfer shall be furnished promptly tc the Owner. n. Acces. to Records The Owner, the U.S. Department cf Hous'nq and Urban Development, the Comptroller General of the Ur.iteij States, or any of their duly authorized representatives, shall have access to any book, ducunents, 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 audits, examinations, excerpts, ,3 :I d 1.rans cript: Ins. H. Etirnate S_nc• the Engineer has no control ever the cost of 'labor, mater1 cr e:;uipment, or over the methcds of determining price=_; cr over competitive bidding or market condtions, the tn.atcf is provided are t i Cnad.e en the basis of the Er.g.neer's experience and glualifical i -r.' 3r.d represent hic best jl2girent, bninq familiar with the industry, but the Engineer canii_t and d'":; nit yllarant�' tIia y. ' 31i1it31".r•1 cc't w:.. nOt vary from. e;ti'.3t' prepared. Ti-.: Er.q:,ne r _311 ScCUre avid mainl_3in ,::h insurance .3= protect him from claims under the wor,men'3 Compensatior ict.; end from claims for bodily injury, death ar property damage which may Srise from the performance of his services under this coctr3rt. SECTION 4: 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 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 the employees are treated during employment, without regard to their race, color, religion, sex,cr national origin. Such action shall include, but i:ot be limited to the following: employment upgradin•3, demction,or transfer, recruitment or recruitment advertising; layoff or training, including apprenticeship. The Engineer agrees to 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 gna':;fied 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 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 ind.ra-ct, in this contract. (B] Interest cf Certain Federal Officials No member of or delegate to the Congress of the United States, and no Resident Commissioner, shat: be admitted to any share cr part .1f this contract or to any beri.-fit to arise herefrrm. [C] :nterest of Engineer The Engineer ovenants that he presently has no interest and shall not acquire any interest, direct or indirect, ir. the above described project area or any parcels therein or any oti.er interest which would conflict in any manner or degree with the turf:rmar.ce of his services hereunder. The Engineer further covenants that in the performance of this contract, no per,on having any such interest shall Lie rn'ployed. SECTION 7: OTHER PROVISIONS: ' In convection 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 Right -of- Ways for the construction of the work. IN 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. [El 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 supervision thereof. [F] Pay all plan review costs and all cost of advertising in connection with the project. Original documents, plans, design, and survey product and training, experience, and prof accordingly belong to and remain the property produced them regardless of whether the copyrighted or whether the project for which is executed. notes represent the �ssional skill, and of the Engineer who instruments were they were prepared The Engineer shall furnish the Owner two copies of "as -built" drawings 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. IN WITNESS WHEREOF, the Owner has c auaed these ptr�ent.;, to he 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 slate heretofore set out. CITY OF FAYETTEVILLE, ARKANSAS Attest: HILHOLLANO COMPANY Atte-L' Helvir. L. Milholland, Owner T Secretary TASK ORDER NO. 1 ENGINEERING SERVICES FOR SANITARY SEWER REPLACEMENT NEAR AMERICAN AIR FILTER, ARMSTRONG AVENUE This Task Order is executed pursuant to the Basic Agreement between McCLELLAND CONSULTING ENGINEERS, INC., (ENGINEER and the CITY OF FAYETTEVILLE, ARKANSAS, (OWNER) on the dy'tt day o , 1990. ARTICLE 1 The OWNER hereby authorizes the ENGINEER to perform all field surveys and design functions required to replace the existing sanitary sewer within the encasement pipes under the railroad right-of-way paralleling Armstrong Avenue and under Armstrong Avenue immediately south and east of the American Air Filter plant. In order to assist the OWNER, the ENGINEER will complete the following tasks under Task Order No. 1: o Field topographic surveys. o Detailed design of recommended improvements. o Preparation of Plans and Specifications (bid documents). o Provide coordination with the Arkansas Department of Health for document review. o Cost estimates. o Assist the City in advertising and sale of Plans and Specifications at the ENGINEER'S cost. o Assist the City in bidding the project and bid evaluation/recommendations. o Pre -construction meeting assistance. o Observation of construction for compliance with Plans and Detailed Specifications. o Review of Shop Drawings. o Preparation of Change Orders. o Preparation of Pay Estimates for work completed. o Preparation of Record Drawings. o Final review of work and recommendations for acceptance. ARTICLE 2 The compensation be as follows: for services to be provided in Article 1 is to o Field Surveys and Design Phase - o Coordination with Health Department - o Advertising/bidding - o Construction Phase Services - $ 1,800 lump sum. $ 100 lump sum. $ 250 lump sum. $ 1,800 lump sum. ARTICLE 5 IN WITNESS WHEREOF, the parties hereto subscribe the same in triplicate. FOR CITY OF FAYETTEVILLE, ARKANSAS I. •, I. ,' ••� i FOR McCLELLAND CONSULTING ENGINEERS, INC. a (Title) Dated this T½ay of ______Vl/1_______ , 1990. ATTEST: TASK ORDER NO. 2 ENGINEERING SERVICES FOR SEWER SYSTEM IMPROVEMENTS RELATED TO OVERFLOWING MANHOLE AT WILSON PARK AND NORTH STREET PUMP STATION This Task Order is executed pursuant to the Basic Agreement between McCLELLAND CONSULTING ENGINEERS, INC., (ENGINEER) and the CITY OF FAYETTEVILLE, ARKANSAS, (OWNER) on the day ofQi4sa. 1990. ARTICLE 1 The OWNER hereby authorizes the ENGINEER to perform a preliminary investigation complete with preliminary cost estimates ioentifying various alternatives to address the overflowing manhole in the southeastern corner of Wilson Park and the wet well configuration of the North Street Pump Station. The findings of the preliminary investigation shall be presented in written form to the OWNER for use in determining whether to proceed with implementing any of the alternatives identified. The OWNER shall provide the ENGINEER with drawings and other documents related to existing structures and conditions. The ENGINEER may rely upon the general accuracy of these documents in performing his preliminary investigation. ARTICLE 2 The OWNER shall compensate the ENGINEER for services provided as referred to in Article 1 a lump sum of $3,800 for the preliminary engineering investigation. ARTICLE 5 IN WITNESS WHEREOF, the parties hereto subscribe the same in triplicate. FOR CITY OF FAYETTEVILLE, ARKANSAS FOR McCLELLAN CONSULTING ENGINEERS, INC. By . v y (Title) Dated this day ok LM , 1990. ATTEST: Gr/ -e JI:L/ Kdt FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Contract/Lease/Grant Review Persons FROM: Scott C. Linebaugh, City Manager DATE: June 28, 1990 SUBJECT: Review of Task Orders 1 & 2. Indefi Please review the attached agreement for indefinite delivery contract American Air Filter Sewer and Wilson Park Overflows - McClelland Engineers. I appreciate your assistance. Contract/Lease Review Date cv c, CIO Date x-10 Date Date FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Scott Linebaugh,��Ciityy Manager FROM: City Engineer 4�d� SUBJECT: Task Orders 1 and 2, Indefinite Delivery Contract American Air Filter Sewer and Wilson Park Overflows McClelland Engineers DATE: June 26, 1990 Attached for your signature are Task Orders 1 and 2 as noted above. Task Order No. 1 involves the engineering work required to replace an existing 12 -inch sewer line in the vicinity and downstream from American Air Filter. The replacement is necessitated by a discharge of a resinous material from American Air Filter. American Air Filter will bear all of the cost of the replacement. The cost of this Task Order is $3,950.00. Task Order No. 2 involves a study of the sewers around Wilson Park to determine whether some solution exists for the overflows in that vicinity. The cost of the Task Order is $3,800.00. If you have any questions, please call me. � � T 7_' i TASK ORDER NO. 3 ENGINEERING SERVICES FOR SANITARY SEWER MANHOLE REHABILITATION WHITE RIVER BASIN This Task Order is executed pursuant to the Basic Agreement between McCLELLAND CONSULTING ENGINEERS, INC., (ENGINEER) and the CITY OF FAYETTEVILLE, ARKANSAS, (OWNER) on the o2('' day of 1990. ARTICLE 1 The OWNER hereby authorizes the ENGINEER to perform all field surveys, design and construction phase services required to rehabilitate 217 selected existing sanitary sewer manholes within the White River Basin. These manholes have been identified in an engineering report provided to the OWNER by others. In order to assist the OWNER, the ENGINEER will complete the following tasks: 1.1 Conduct field investigations (to verify the needed repairs for 20% of the manholes identified). 1.2 Evaluate the results of field investigation to determine the advisability of further field verification. 1.3 Prepare specifications. 1.4 Prepare Drawings. 1.5 Confer with the City staff throughout the project. 1.6 Coordinate with the Health Department. 1.7 Advertise and manage the bidding process. 1.8 Provide resident construction observation. 1.9 Prepare/review progress payment request. Additionally, the ENGINEER will provide the same type of services regarding approximately 30 manhole repairs within the Country Club Hill area of the sewer system, as identified by OMI (wastewater system operators). The compensation for services to be provided in Article 1 is to be as follows: 2.1 Field Surveys and Design Phase - $11,200 lump sum. 2.2 Construction Phase Services - $14,000 lump sum. IN WITNESS WHEREOF, the parties hereto subscribe the same in triplicate. FOR CITY OF FAYETTEVILLE, ARKANSAS BY 4<. (N ) /J (Title) D ed t is day of (lug, 1990. a FOB M NS TING ENG�I/NEEEERS, INC. B Y I � . ( me) ,(Title)) Dated this day of 1�s� Wl-h I, 1990. TASK ORDER NO. 3 FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS As Recommended in the 1989 Water Master Plan Study Fayetteville, Arkansas Project No. Fy-200 In accordance with the existing "AGREEMENT TO FURNISH WATER SYSTEM ENGINEERING SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS" dated February 6, 1990, between McGoodwin, Williams and Yates (hereinafter referred to as the Engineer) and the City of Fayetteville, Arkansas (hereinafter referred to as the Owner), the Owner desires that the Engineer will provide specific services relating to several immediate water distribution system improvements which were described in the 1989 Water Master Plan Study and are set out below. HUSH PUPPY IMPROVEMENTS: 10,500 L.F. 8 -Inch Water Line $197,000 SOUTH MOUNTAIN IMPROVEMENTS: New Fire Pump HAPPY HOLLOW IMPROVEMENTS: 2,200 L.F. 8 -Inch Water Line MISSION BLVD. IMPROVEMENTS: 2,875 L.F. 8 -Inch Water Line ........ 25,000 41,000 55,000 EVELYN HILLS IMPROVEMENTS: Relocate Fire Hydrants ................................ 19.000 TOTAL $337,000 The scope of work and compensation for these services are as set out below. .', 2 SECTION 1. BASIC ENGINEERING SERVICES The Engineer is designated by the Owner and is hereby authorized to: A) Make preliminary investigations, preliminary surveys, and establish other data as Is required to make cost estimates and recommendations to the Owner relative to the work required. B) Make final surveys, prepare final cost estimates, prepare detailed plans and specifications and submit same to the Arkansas Department of Health for their review and approval. C) 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 preparation of easement legal descriptions and plats for easement acquisition. In some Instances it may be necessary to conduct detailed land surveys to obtain the information necessary to write the legal descriptions and prepare the plats. In such cases, the Engineer will advise the Owner of this need, but will not be responsible for performing any necessary land surveys. D) Prepare easements and tract plats for easement acquisition. E) Assist the Owner in the advertisement and receipt of bids, awarding of construction contracts, preparation of contract documents, and the issuance of the Notice to Proceed. SECTION 2. LAND SURVEYS Under Paragraph C, Section 1, 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 I 3 surveys and to prepare certain tract maps. As directed by the Owner, the Engineer will perform the following work: 1) Furnish or obtain the services of a "Registered Land Surveyor" as necessary to provide detailed property surveys. 2) Prepare tract maps as may be required. SECTION 3. CONSTRUCTION MANAGEMENT SERVICES The Engineer agrees to provide construction management services including construction surveys, periodic resident inspection during the time actual construction is in progress, preparation of partial and final payment estimates, preparation of Plans of Record, and other items of work as needed to coordinate the work between the Owner and the contractor. SECTION 4. ITEMS TO BE FURNISHED BY THE OWNER The Owner agrees to furnish the following: A) Access to all available maps or other data relative to the portion of the utility system involved in the project. B) Right -of -entry from property owners to permit necessary field surveys. C) Land record research to determine the apparent land owners, descriptions of the land ownersproperties, subdivision plats, and other data that may be required in order to write any required easement legal descriptions and prepare plats for easement acquisition. D) Excavations as needed to determine elevation and/or locations of underground utilities when same cannot be determined by any other procedure. E) Pay all plan review costs and all costs of advertising in connection with the project. 0 . 4 SECTION 5. COMPENSATION The Engineer agrees to provide the necessary personnel required to furnish basic engineering services and construction management services at the hourly rates set out in the existing "Agreement to Furnish Water System Engineering Services to the City of Fayetteville, Arkansas" dated February 6, 1990. A cost ceiling of $35,000 is hereby established for the contemplated work. The Engineer agrees to keep accurate records of the hours of the various persons working on the project and to make available to the Owner supporting documentation of the time required. The rates shall be subject to renegotiation upon the anniversary date of this task order. SECTION 6. OTHER WORK Any additional engineering services required which are outside the scope of this task order and authorized in writing by the Owner will be done by the Engineer. Reimbursement for work done under this provision will be based on the actual time required using the rates previously established. Authorized by: CITY OF FAYETTEVILLE, ARKANSAS Manager Accepted by: McGOODWIN, WILLIAMS AND YATES, INC., Charles R. Nickle, Vice -President i� 90 Date TASK ORDER NO. 4 ENGINEERING SERVICES FOR WATER AND SEWER RELOCATIONS POPLAR STREET BRIDGE PROJECT This Task Order is executed pursuant to the Basic Agreement between McCLELLAND CONSULTING ENGINEERS, INC., (ENGINEER) and the CITY OF FAYETTEVILLE, ARKANSAS, (OWNER) on the 22' day of t 1990. The OWNER hereby authorizes the ENGINEER to perform all field surveys, design and construction phase services required to relocate the existing water and sanitary sewer utilities in conjunction with the construction project to reconstruct the Poplar Street Bridge (bridge work to be performed by others). In order to assist the OWNER, the ENGINEER will complete the following tasks: 1.1 Engineering design and construction observation services for relocating a segment of 6 -inch water main on the north end of the new bridge, relocating a segment of 18 -inch gravity sewer on the south end of the bridge and relocating a designated fire hydrant and water meter. 1.2 Engineering design and construction observation services for the installation of a new chain link fence and concrete wall on the north side of the sewage pump house. 1.3 Easement preparation services as necessary to provide construction access for the new water and sewer line locations. 1.4 Coordination services with the Arkansas Highway Department would be provided. The compensation for services to be provided in Article 1 is to be based upon the Hourly Rate Schedule attached to this Task Order as Exhibit A. However, the total fee associated with this Task Order shall not exceed $7,000 unless specifically authorized by the Owner. ARTICLE 5 IN WITNESS WHEREOF, the parties hereto subscribe the same in triplicate. FOR McCLELZAND ON8ULTING ENGINEERS, INC By.y(� ,-��1 (Name) (Title) etle) Dated this ZIP day of W1990. ATTEST: 7� July 25, 1990 Principal Engineer $75.00 Project Manager/Senior Engineer $65.00 Electrical Engineer $60.00 Mechanical Engineer $50.00 Structural Engineer $50.00 Civil Engineering Technician $40.00 Construction Observer $40.00 Chief Draftsman/Mechanical Designer $43.00 Senior Draftsman $33.00 Junior Draftsman $22.00 CADD Station $20.00 Survey Crew (2 -Man) $50.00 Survey Crew (3 -Man) $60.00 Soils Lab Supervisor $36.00 Soils Lab Technician $22.00 Water Lab Supervisor $36.00 Water Lab Technician $22.00 Clerical Support $22.00 Mileage $ .25/mile Travel Expenses At Cost f ? i TASK ORDER NO. 5 ENGINEERING SERVICES FOR SANITARY SEWER REPLACEMENT ALONG GREGG AVE. FORCEMAIN, EAST OF 71 BYPASS This Task Order is executed pursuant to the Basic Agreement between McCLELLAND CONSULTING ENGINEERS, INC., (ENGINEER) and the CITY OF FAYETTEVILLE, ARKANSAS (OWNER) which was executed on the 29th of June, 1990. The OWNER hereby authorizes the ENGINEER to perform all field surveys and design functions required to replace a portion of an existing gravity sanitary sewer underneath the creek bed of a tributary to Mud Creek for a distance of approximately 100 feet, as well as underpinning an existing 18 -inch force main which parallels the referenced gravity sewer. Re -concreting the existing spillway with cut-off wall additions is also to be included. In order to assist the OWNER, the ENGINEER will complete the following tasks under this Task Order: o Evaluation of alternative solutions. o Field topographic, alignment, and profile surveys. o Geotechnical soundings along the creek bank. o Detailed design of recommended improvements. o Preparation of Plans and Specifications (construction documents) o Cost estimates. o Assist the City in negotiating a construction contract. o Pre -construction meeting assistance. o observation of construction for compliance with Plans and Detailed Specifications. o Review of Shop Drawings. o Preparation of Change Orders. o Preparation of Pay Estimates for work completed. o Preparation of Record Drawings. o Final review of work and recommendations for acceptance. 7 i Article 2 The compensation for services to be provided in Article 1 is to be based upon the Hourly Rate and Unit Price Schedules attached hereto as Appendix A, with estimated fees as follows: o Field Surveys and Design Phase - $6,610 o Negotiating - $ 595 o Construction Phase Services - $3,300 These fee estimates will not be exceeded by more than ten percent (10%) without the express written consent of the OWNER. It is understood that construction observation services are not to be provided on a "full-time" basis, but rather to be provided while "critical" work is being performed by the Contractor, such as: o Initial set-up of temporary bypass -pumping arrangement. o Relaying the new gravity sewer. o Excavation for new underpinning piers. o All concrete placement operations. o Final walk-through review. IN WITNESS WHEREOF, the parties hereto subscribe the same in triplicate. FOR THE CITY OF FAYETTEVILLE, ARKANSAS By j Nam (Title) Dated this " day of ebttk, 1990. -d/ its/,ai. , INC. (Name) Dated this rl` W JJAfflh (Title) day of 1990. I APPENDIX A TO TASK ORDER NO. 5 January 11, 1990 Principal Engineer $75.00 Project Manager/Senior Engineer $65.00 Electrical Engineer $60.00 Mechanical Engineer $50.00 Structural Engineer $50.00 Civil Engineer $45.00 Senior Engineering Technician $40.00 Construction Observer $50.00 Chief Draftsman Observer $43.00 Senior Draftsman $33.00 HVAC Designer/Draftsman $30.00 Junior Draftsman $22.00 CADD Station $20.00 Survey Crew (2 -Man) $50.00 Survey Crew (3 -Man) $60.00 Soils Lab Supervisor $36.00 Soils Lab Technician $22.00 Water Lab Supervisor $36.00 Water Lab Technician $22.00 Clerical Support $22.00 Mileage $.25/mile Travel Expense At Cost T R APPENDIX A TO TASK ORDER NO. 5 CONSTRUCTION MATERIALS LABORATORY FEE SCHEDULE SEPTEMBER, 1990 SOILS: Soils Technician $ 25.00 per hour Senior Engineering Technician $ 38.50 per hour Consultation, Soils Engineer $ 50.00 per hour Senior Engineer $ 65.00 per hour In -Place Compaction Test -Nuclear Gauge $ 13.50 each (minimum of 3 per trip) Liquid Limit, Plastic Limit, Placticity Index $ 45.00 each Sieve Analysis -Washed No. 200 $ 20.00 per sieve Sieve Analysis -Dry $ 6.50 per sieve Laboratory Maximum Compaction Test-ASTM D 698 or AASHTO 99 $80 .00 each Laboratory Maximum Compaction Test-ASTM D 1557 or AASHTO T 180 8100.00 each Potential Volume Change -Swell Pressure $100.00 each California Bearing Ratio-CBR $250.00 each Shrinkage $ 50 .00 each CONCRETE: Concrete Technician $ 25.00 per hour Senior Engineering Technician $ 38.50 per hour Consultation, Concrete Engineer $ 50.00 per hour Senior Engineer $ 65.00 per hour Concrete Mix Design $400.00 each Review Concrete Mix Design $150.00 each Confirm Concrete Mix Design $200.00 each Unit Weight and Yield Confirmation $ 50.00 each Concrete Cylinder Molding $ 7.50 each Concrete Slump Test. $ 10.00 each Concrete Air Entrainment Test $ 10.00 each Compressive Strength of Concrete Test Cylinders $ 7.50 each Spare Speciments Processed but not Tested $ 7.50 each Aggregate Sieve Analysis $ 6.50 each Specific Gravity and Absorption of Aggregate $ 75.00 each Dry Rodded Unit Weight of Aggregate $ 50.00 each • (one slump test per set of cylinders molded by MOCLELLAND is furnished at no additional cost.) ASPHALT: Asphalt Technician $ 25.00 per hour Engineering Technician $ 38.50 per hour Consultation, Asphalt Engineer $ 50.00 per hour Senior Engineer $ 65.00 per hour Asphalt Mix Design $500.00 each Review Asphalt Mix Design $150.00 each In -Place Compaction Test -Nuclear Gauge $ 13.50 each (minimum of 3 per trip) Marshall Test including Stability, Row, Laboratory Density, Percent Air Voids, Percent Voids in Mineral $175.00 each Aggregate (3 specimens per test) Extraction including percent Bitument and $125.00 each Aggregate Gradation Laboratory Density of Cored Plugs including Depth Measurement $ 15.00 each GEOTECHNICAL INVESTIGATION FEE SCHEDULE Layout of Borings $ 55.00 per hour Mobilization of $1.30/mile leach way)* $ 75.00 minimum Soil Drilling including Sampling $ 8.00 per foot Rock Drilling (Rotary Bit) $ 10.00 per foot Rock Coring (Diamond Bit) $ 25.00 per foot Boring Setup Charge $ 25.00 per each Standby Time (Rig and Crew) if required $ 75.00 per hour Atterberg Limits $ 45.00 each Moisture Content $ 8.00 each Unit Weight Test (Soil Sample) $ 8.00 each Unconfined Compression Test $ 40.00 each Gradation Tests Dry Sieve $ 6.00 each Wet Sieve $ 20.00 each California Bearing Ratio (CBR) with Std Proctor $250.00 each with Mod Proctor $275.00 each In -situ Permeability $150.00 each Remolded Permeability $185.00 each Triaxial Test (Single Stage) $100.00 each Triaxial Test (Multi -Stage) $150.00 each Remolded Sample (add) $ 40.00 each Draftsman $ 25.00 per hour Clerical $ 22.00 per hour Project Engineer (Soils Engr.) $ 50.00 per hour Project Manager (Senior. Soils Engr.) $ 65.00 per hour Senior Engineering Technician $ 38.50 per hour Soils Technician $ 25.00 per hour 'Rock Bits $275.00 each 'Diamond Bits $400.00 each 'TM Client is responsible for providing access to the site. The Client is responsible for all costs for site mobilization through unstable soil when a dozer Is required to move the drill rig around the site. The Client Is responsible for all costs involving clearing and access path to each boring bit drilling Into and/or through a chart. a very hard limestone formation, or other very hard location. The Client Is responsible for drill costs while formation, whenever new or slightly used drill bite are worn out during the drill operations. i OPEN END CONTRACT - TASK ORDER No. I ENGINEERING SERVICES AGREEMENT FOR "STUDY AND REPORT" STREET AND DRAINAGE IMPROVEMENTS COURTHOUSE/JAIL FACILITY ACCESS C ROCK STREET TO SPRING STREET ] E-269 THIS AGREEMENT, made and entered ________ ____________, 1990, by Fayetteville, Arkansas, hereinafter and Milholland Company, Engineering Engineers of Fayetteville, Arkansas, the "Engineer", WITNESSED THAT: into this __J_{! day of and between the City of referred to as the "Owner", and Surveying, Consulting hereinafter referred to as WHEREAS, the Owner desires to have an Engineering Study and Report for a possible access from Rock street North to Dickson Street along a route adjacent to the East boundary of the Old Washington Court House and the New Jail facilities. After a Route is selected, the Owner desires to have Design Plans developed for the Construction of a portion of said Access. from Center Street Northerly to the South Right -of -Way of Spring Street, and for providing access to said New Jail Parking Lot. The Purpose of this Agreement is to make a Study of alternate Routes for the proposed street, and submitt to the Owner the results of said study in the form of a recommendation. 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. J SECTION 1: DESCRIPTION OF PROJECT: The Project for which engineering services are to be provided is generally described as follows: ACCESS ROAD: Investigation, Study and Report of a 31 foot Back -to -Back street in a 50 foot Right -of -Way, grading, base and hard surface pavement with adequate storm drainage per City of Fayetteville street specifications; Provide the Owner maps of recommended Right -of -Way Routes from the North Boundary of Rock Street north to the South Boundary of Spring Street with an access to the New Jail parking facilities. Engineering Services for said project shall be separated into several Parts as follows: PART I: "STUDY AND REPORT" PART II: "SURVEYING AND EASEMENT ACQUISITION DOCUMENTS" PART III: "PRELIMINARY ENGINEERING DESIGN" PART IV: "DETAILED ENGINEERING DESIGN PLANS" PART V: "TAKING BIDS THROUGH AWARD OF CONTRACT" PART VI: "CONSTRUCTION MANAGEMENT" SECTION 2: SCOPE OF ENGINEERING SERVICES: The Engineer shall provide a suitable staff to perform PART I: "STUDY AND REPORT" of the Basic Engineering Services. The various types of work in PART I are more specifically defined as follows: A. PART I: "STUDY AND REPORT" - BASIC ENGINEERING SERVICES: Work to be done under these items shall consist of the following: 11] Make investigations of proposed sites, study alternate Routes, coordinate with the Washington County's proposed New Court House access, and report findings to the Owner. [2] Make field engineering visits of the various sites and determine the basis -necessary for the preparation of recommended routes to build the contemplated improvements. Traffic patterns and safety shall be considered in the recommendations of the proposed street location. [3] Prepare recommended route maps and rough cost estimates, and review same with the Owner. 14] Meet with representatives of all involved utility companies 2 4 (4) Meet with representatives of all involved utility companies and governmental agencies C Washington County and City of Fayetteville ] to coordinate the overall proposed projects of both the City of Fayetteville and the County. C5] Advise the Owner as to soils investigations that might be required and assist in the coordinating of the same. The cost of the soils investigations shall be borne by the Owner. SECTION 3: COMPENSATION: Compensation for the various types of services to be provided under this contract shall be made as follows: A. PART I: "STUDY AND REPORT" - BASIC ENGINEERING SERVICES: Compensation for PART I of the Basic Engineering shall be based on the hours of work actually required. The rates to be based charged for the various classifications of personnel shall be identical to those set out under Section 3-B of this Agreement. B. HOURLY RATE PER CLASSIFICATION: The hourly rates to be charged for the various classifications of personnel are set out below: HOURLY RATE PER CLASSIFICATION: Professional Engineer Registered Land Surveyor Engineering Aide Secretary Survey Crew Resident Inspector Draftsman Computer w/Operator Travel $65.00 $45.00 $55.00 $18.00 $65.00 $30.00 $25.00 $35.00 $00.25 per per per per per per per per per hour hour hour hour hour hour hour hour mile The hourly rates shown above include total compensation to the Engineer for all expenses for said services described in SECTION 2A 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: Cl] PART I: "STUDY AND REPORT" Basic Engineering Services: Payment to be made on a monthly basis with a maximum -not -to - exceed of $10,000.00. J 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 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 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 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. P. Termination for Ccnvenienceoof 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 Cl] 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. 4 C3] 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. 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 audits, examinations, excerpts, and transcriptions. H. Estimates Since the 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 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 Work::rimen's Corinpensation acts and from claims for bodily injury, death or property damage which may arise from the performance of his services under this contract. 5 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. [7 SECTION 5: EQUAL OPPORTUNITY PROVISIONS: During the performance of this contract, the Engineer agrees as follows: CA] 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 the 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 training, including apprenticeship. The Engineer agrees to 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 national origin. SECTION 6: CONFLICT OF INTEREST: CA] 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. CR] Interest of Certain Federal Officials No member of or delegate to the Congress of the United States, and no Resident Commission er, 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. 7 , SECTION 7. OTHER PROVISIONS In connection with the project, the Owner shall: CA] 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. CP] 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. CC] Obtain the necessary lands, easements, and Right -of- Ways for the construction of the work.. CD] 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. CE] 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 supervision thereof. Cr] Pay all plan review costs and all cost of advertising in connection with the project. Original documents, plans, design, and survey product and training, experience, and prof accordingly belong to and remain the property produced them regardless of whether the copyrighted or whether the project for which is executed. notes represent the essional skill, and of the Engineer who instruments were they were prepared The Engineer shall furnish the Owner two copies of "as -built" drawinqs 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. IN WITNESS WHEREOF, the Owner has caused these presents to be executed, PART I - "STUDY AND REPORT" as set forth in Sections 1 and 2 herein, 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 FAYETTEVILLE, ARKANSAS Attest: 1990 MILHOLLAND COMPANY Date: '�'—, 1990 Melvin L. Milholland, Owner Secretary fl -90 NfIC�EILMED TASK ORDER NO. 6 ENGINEERING SERVICES FOR SEWER FORCE MAIN REPLACEMENT NORTH OF FAYETTEVILLE MUNICIPAL AIRPORT This Task Order is executed pursuant to the Basic Agreement between McCLELLAND CONSULTING ENGINEERS, INC., (ENGINEER) and the CITY OF FAYETTEVILLE, ARKANSAS (OWNER) which was executed on the 6th of February, 1990. The OWNER hereby authorizes the ENGINEER to perform all engineering services associated with field surveys and design and construction phase functions required to replace a portion of an existing 12 - inch diameter sewer force main from Pump Station No. 4 northwest along Airport Branch for a distance of approximately 1,700 feet (to include a highway boring underneath Hwy 71B). In order to assist the OWNER, the ENGINEER will complete the following tasks under this Task Order: o Evaluation of alternative piping materials. o Field alignment and profile surveys. o Realignment of header piping and wall sleeve at Pump Station No. 4. o Detailed design of recommended improvements. o Preparation of Plans and Specifications (construction documents). o Cost estimates. o Assist the city in bidding the construction project. o Pre -construction meeting assistance. o Observation of construction for compliance with Plans and Detailed Specifications. o Review of Shop Drawings. o Preparation of Change Orders. o Preparation of Pay Estimates for work completed. o Preparation of Record Drawings. o Final review of work and recommendations for acceptance. The compensation for services to be provided in Article 1 is to be based upon the Hourly Rats and Unit Price Schedules attached hereto as Appendix A, with estimated fees as follows: o Field Surveys and Design Phase - $4,300 o Bidding - $ 535 o Construction Phase Services - $4,350 o Easement Preparation - Hourly Rates These fee estimates will not be exceeded by more than ten percent (10%) without the express written consent of the OWNER. It is understood that construction observation services are not to be provided on a "full-time" basis, but rather to be provided while "critical" work is being performed by the Contractor. The Construction Phase Services fee, above, has been estimated on the basis of providing 80 hours of on -site observation. IN WITNESS WHEREOF, the parties hereto subscribe the same in triplicate. FOR TY OF !4Y$TEVILLE, ARKANSAS By Ci--`- (Title) Dated this Jflaay of y, 1991. ATTEST FOR N C S G ENGINEERS, INC. By Name) (Title) Dated this IL day of fS+ 1 1990. Appendix A to Task Order No. 6 (.1'i ; :.1i tj t -Ls j July 1, 1990 Principal Engineer $75.00 Project Manager/Senior Engineer $65.00 Electrical Engineer $60.00 Mechanical Engineer $50.00 Structural Engineer $65.00 Civil Engineer $45.00 Senior Engineering Technician $40.00 Construction Observer $42.50 Chief Draftsman/Designer $45.00 Senior Draftsman $35.00 HVAC Designer/Draftsman $35.00 Junior Draftsman $22.00 CADD Station $20.00 Survey Crew (2 -Man) $60.00 Survey Crew (3 -Man) $75.00 Soils Lab Supervisor $40.00 Soils Lab Technician $27.00 Water Lab Supervisor $38.00 Water Lab Technician $22.00 Clerical Support $25.00 Mileage $.25/mile Travel Expense At Cost Hourly rates are subject to adjustment on an annual basis, beginning July 1 of the calendar year. ,17-9 0 a TASK ORDER NO. 7 ENGINEERING SERVICES FOR SEWER LINE AND MANHOLE REPLACEMENT/ RENOVATION MINISYSTEM 5 This Task Order is executed pursuant to the Basic Agreement between McCLELLAND CONSULTING ENGINEERS, INC., (ENGINEER) and the CITY OF FAYETTEVILLE, ARKANSAS (OWNER) which was executed on the 6th of February, 1990. Article 1 The OWNER hereby authorizes the ENGINEER to perform all engineering services associated with field surveys and design and construction phase functions required to replace a portion of the existing sewage collection and conveyance system in Minisystem 5, as identified in the Phase III, Volume I report entitled White River Watershed Sewer System Study. dated November, 1990. Approximately 4,950 LF of sewer line replacement and approximately 48 manhole rehabilitations are involved. Some 30 of these manholes are to be removed from the scope of previously -executed Task Order No. 3 and inserted into the scope of Task Order No. 7. In order to assist the OWNER, the ENGINEER will complete the following tasks under this Task Order: o Evaluation of alternative piping materials. o Field alignment and profile surveys, as required to supplement Record Drawing information. o Detailed design of recommended improvements. o Preparation of Plans and Specifications (construction documents). o Cost estimates. o Coordinate the project with the State Department of Health. o Assist the City in bidding the construction project. o Pre -construction meeting assistance. o Observation of construction for compliance with Plans and Detailed Specifications. o Review of Shop Drawings. o Preparation of Change Orders. o Preparation of Pay Estimates for work completed. o Preparation of Record Drawings. o Final review of work and recommendations for acceptance. r Article 2 The compensation for services to be provided in Article 1 is to be based upon the Hourly Rate and Unit Price Schedules attached hereto as Appendix A, with estimated fees as follows: o Field Surveys and Design Phase - $11,580 o Bidding - $ 650 o Construction Phase Services - $18,500 o Easement Preparation - Hourly Rates The total fee will not exceed $35,000 without the express written consent of the OWNER. It is understood that construction observation services are to be provided on a "full-time" basis, while "critical" work is being performed by the Contractor. The Construction Phase Services fee, above, has been estimated on the basis of providing 400 hours of on -site observation. IN WITNESS WHEREOF, the parties hereto subscribe the same in triplicate. FOR T C Y %%F//� ETTEVILLE, ARKANSAS (Name) (Title) Dated this day of 1990. ATTEST: FOR M TD C013$UL ENGINEERS, INC. (Name) (Title) Dated this day of 1990. ATTEST: r V Appendix A Task Order No. 7 HOURLY RATE SCHEDULE July 1, 1990 Principal Engineer $75.00 Project Manager/Senior Engineer $65.00 Electrical Engineer $60.00 Mechanical Engineer $50.00 Structural Engineer $65.00 Civil Engineer $45.00 Senior Engineering Technician $40.00 Construction Observer $42.50 Chief Draftsman/Designer $45.00 Senior Draftsman $35.00 HVAC Designer/Draftsman $35.00 Junior Draftsman $22.00 CADD Station $20.00 Survey Crew (2 -Man) $60.00 Survey Crew (3 -Man) $75.00 Soils Lab Supervisor $40.00 Soils Lab Technician $27.00 Water Lab Supervisor $38.00 Water Lab Technician $22.00 Clerical Support $25.00 Mileage $.25/mile Travel Expense At Cost Hourly rates are subject to adjustment on an annual basis, beginning July 1 of the calendar year. FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN TO: Kevin Crosson, Administrative Services Director THRU: Stephen Street, Interim Public Works Director FROM: City Engineer SUBJECT: Contract Review Task Order No. 7, Sewer Rehabilitation McClelland Engineers DATE: December 28, 1990 Attached for Administrative Services review is one (1) copy and 3 original engineering contracts. The contract is for engineering services related to the rehabilitation of sewer lines and manholes located in Mini -System 5 (Country Club and adjacent areas). The work is being recommended by the engineers based on a Final Report on Mini -System 5 by McGoodwin, Williams, and Yates as part of the White River Watershed Sewer Study. The work involved the replacement of nearly 5000 feet of sewer line and the rehabilitation of 48 manholes. The total cost of engineering is not to exceed $35,000.00. This includes preparation of detailed plans and specifications, the bidding of the project, inspection during construction, and the preparation of whatever easements that might be required. This contract is subsidiary to the Open End Contract with McClelland Engineers which was approved by the Board of Directors earlier this year. After review, if there are no corrections or questions, please forward the originals to the City Clerk for signatures. It is my understanding that the City Manager is authorized to execute the contracts for the City. If you have any questions, please call me. 12-31-90 PROJECT: Task Order No. 7, Sewer Rehab. ENGINEER: McClelland Engineers P. O. Box 1229 Fayetteville, AR 72702 pI • Acco ing supervisor Date 2-5 Bud�t Coordinator Date V K.JI O FILMED CITY OF FAYETTEVILLE CHANGE ORDER - CONTRACT REVIEW 1 Please review the attached change order sign, date, and return to me. If you should have any questions please attach to this review. Z- 3-%2 Date Comments Fi ance D' for Date Comments Purch i g anager Date Comments I - 2 dg Coor inator Date Comments -3tlZ rnal Auditor Date Comments Project Title: Hwy 180 Grade Separation - W/S Relocations Project No.: Consultant/Contractor: McGoodwin Williams & Yates The following changes are hereby made to the Contract Documents: Additional field inspection Justification: Because of R.O.W. acquisition, weather related delays, and certain field changes, inspection time took longer. CHANGE TO THE CONTRACT PRICE Original Contract Price: $ 7,575.55 (Construction Mgmt. only) Current contract price, as adjusted by previous change orders: $ $7,575.55 The contract price due to this change order will be increased by: $ 6,399.37 New Contract Price Due to this Change Order will be: $ 13,974.92 CHANGE TO CONTRACT TIME The contract time will be increased/decreased by -0- days. The date for completion of all work will under contract will be N/A Approvals required, this order must be approved by the owner if it changes the scope or objective of the project, or as may otherwise be required under the terms of the supplementary General Conditions of the Contract. Requested by � �� Date: /—,3/— iQ. -------------------------------------------- Recommended by 118 ---------- - - Date: ---- Approved by (City) / Date:t - y2 Accepted by (Contr o ccy S 1a"I e w ev, Date: ` FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS March 3, 1992 Mr. Chuck Nickle, P.E. McGoodwin, Williams & Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 Re: Highway 180 Grade Separation Water & Sewer Relocation Final Engineering Statement Dear Chuck: The final Engineering Statement for the above referenced project dated October 25, 1991, reflects an increase of $6400 from the estimated contract amount. Although we realize that the amount in the contract document for the Construction Management Section is an estimated number, the percentage increase of 46% needs to be addressed. In order for us to process a change order to this contract, we would like for you to provide the following information: 1) The length of the construction period (extra days, if any). 2) The reason for the construction management cost increase. 3) The necessary documents such as employees' names, hourly rates, and time sheets. After reviewing these documents, if there are any further questions, we will contact you. If you have any questions please call me at 575-8205. Sid Norbash, Staff Engineer SN/sn 113 WEST MOUNTAIN 72701 501 521.7700 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Telephone 501/443.3404 March 27, 1992 Re: Highway 180 Grade Separation Water and Sewer Relocation Fayetteville, Arkansas MWY Project No. Fy-198 Mr. Sid Norbash Staff Engineer City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mr. Norbash: an' Reference is made to your March 3, 1992 letter requesting further information regarding the engineering cost overrun on the above project. As your records will indicate, the Notice to Proceed for this work was issued September 5, 1990, with a 60 -day construction period to end on November 4. Our firm had already commenced construction staking when the Notice to Proceed was issued. Unfortunately, it was brought to our attention on this same date (September 5) that easements on the Haney property (south of the highway and west of the railroad) had not been executed. Major portions of both water and sewer facilities for this project were on the Haney property. Therefore, the Contractor was not able to proceed until October 17, at which time the easement was signed. In addition to the easement delay, there was also a delay in obtaining a permit from the railroad. while construction activity during this period was limited, members of our staff were required to be available and to spend extra time in communicating with the City and maintaining liaison with the contractor. The major portion of the water and sewer facilities were installed between mid -November and mid -December. Due to the holidays and wet weather, there were only four or five days' work between mid -December and late January. Two change orders were prepared and executed by the City and the Contractor which increased the construction period to 105 days, with a new completion date of February 17, 1991. The final inspection of these facilities actually took place on March 24, 1991. The construction period had thus extended to a total of 140 days, more than double the original contract time. - Mr. Sid Norbash March 27, 1992 Page 2 Our estimate of engineering costs for construction management services on this project was based on a 60 -day construction period. Obviously, when a project cannot proceed on schedule (for whatever reason), additional time is required for every phase of the work - discussions with all parties involved, preparation of change orders, record keeping, etc. as well as work in the field. As you requested, we are enclosing additional information concerning employees involved in the implementation of this project. For your convenience in review we are furnishing a recap of all employee hours on a computer printout. This printout includes the beginning date of each payroll period, the name of each employee, and the hours worked during that particular period. Also enclosed is a sheet showing how each employee was classified. We trust this information sufficient for your needs. In engineering costs were a direct construction time. Please let clarification is required. CRN:hk Enclosures and documentation will be summary, the additional result of the increase in us know if any further Cordially yours, 0Lat4 Q1kw Charles R. Nickle, P. E. Vice President EMPLOYEE CLASSIFICATIONS Highway 180 Grade Separation - Water and Sewer Line Relocation MWY Project No. Fy-198 Cantrell --------- Engineer I Collins ---------- Steno/Secretary *Couch ----------- Technician I Denzer Gore -- Karnbach Moore------------ Nickle----------- Parnell---------- Technician III Technician II Steno/Secretary Clerical Engineer III Clerical Van Hoose-------- Engineer III Watt ------------- Technician III *Couch billed at lower clerical rate even though classified as a Technician I (draftsman). McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas March 27, 1992 r HIGHWAY 180 GRADE SEPARATION -----March 5. 1992 at 1:31 come Pace 1 Payroll Begin Date Job No. Name Class Hours e------ 9018 xxexaxxxx= 08/20/90 xxx-xx FV0198 xxxaxxaxxxx Cantrell axxx� xxaxx 9018 08/20/90 FY0198 Cantrell MG AD 1.50 3.50 9019 09/03/90 FY019B Cantrell MG 3.50 9019 09/03/90 FY0198 Cantrell AD 6.00 9021 10/01/90 FY0198 Cantrell AD 3.00 9022 10/15/90 FY0198 Cantrell MG 4.50 9022 10/15/90 FY0198 Cantrell AD 7.00 9023 10/29/90 FY0198 Cantrell AD 6.00 9023 10/29/90 FY0198 Cantrell IN 3.00 9024 11/12/90 FY0198 Cantrell AD 1.00 9024 11/12/90 FY0198 Cantrell IN 5.00 9025 11/26/90 FY0198 Cantrell AD 4.00 9026 12/10/90 FY0198 Cantrell AD 2.00 9101 12/24/90 FY019B Cantrell AD 1.50 9102 01/07/91 FY0198 Cantrell MG 6.50 9103 01/21/91 FY0198 Cantrell MG 4.00 9104 02/64/91 FV0198 Cantrell AD 2.50 9105 02/18/91 FY0198 Cantrell AD 1.50 9106 03/04/91 FY0198 Cantrell MG 2.00 9107 03/18/91 FY0198 Cantrell MG 1.00 9107 03/18/91 FV0198 Cantrell IN 1.00 9108 04/01/91 FY0198 Cantrell MG 9108 04/01/91 FY0198 Cantrell AD .50 2.00 9109 04/15/91 FY019B Cantrell MS Subtotal: --------------------------------------------------------------------------- 24 recs. CANTRELL .50 73.00 9018 08/20/90 FYO19B Collins CL 1.00 9104 02/04/91 FY0198 Collins CL 9108 04/01/91 FY0198 Collins CL .50 .75 9109 04/15/91 FY0198 Collins CL Subtotal: --------------------------------------------------------------------------- 4 recs. COLLINS .50 2.75 9022 10/15/90 FY0198 Couch SV 10.00 9116 07/22/91 FY0198 Couch DR 2.50 9117 08/05/91 FY0198 Couch DR 5.00 Subtotal: 3 recs. COUCH 17.50 ------------------------------------------------- -------------------------- 9022 10/15/90 FY0198 Denzer SV 7.50 9026 12/10/90 FY0198 Denzer SV 2.50 Subtotal: -------------------------------------------------------------------------- 2 recs. DENZER 10.00 9018 09/20/90 FY0198 Gore SV 1.00 9019 09/03/90 FY0198 Gore SV 3.00 9022 10/15/90 FY0198 Gore IN 13.50 9022 10/15/90 FY0198 Gore SV 9.50 9023 10/29/90 FV0198 Gore IN 14.00 9024 11/12/90 FY019S Gore IN 3.50 9025 11/26/90 FY0199 Gore IN 16.50 9026 12/10/90 FY0198 Gore IN 19.50 9026 12/10/90 FY0198 Gore SV 2.00 9101 12/24/90 FV0198 Gore IN 19.00 9102 01/07/91 FY0198 Gore IN 30.00 9103 01/21/91 FY0198 Gore IN 17.00 9104 02/04/91 FY0198 Gore IN 16.00 March 5. 1992 at 1:31 p.m. Page 2 Payroll Begin Date Job No. Name Class Hours ==a==== _=====v=== =v==== s======av=e =____ = = _-- 9105 02/18/91 FV0198 Gore IN 16.00 9106 03/04/91 FY0198 Gore IN 17.00 9107 03/18/91 FY0198 Gore IN 15.00 9108 04/01/91 FY0198 Gore IN 11.50 9109 04/15/91 FY0198 Gore IN 1.50 Subtotal: 18 recs. GORE I 225.50 ---------------------------------------------- 9018 08/20/90 FY0198 Karnbach AD 2.00 9018 08/20/90 FY0198 Karnbach AD 9022 10/15/90 FY0198 Karnbach AD .50 1.00 9102 01/07/91 FV0199 Karnbach AD 9103 01/21/91 FV0198 Karnbach AD .50 9115 07/08/91 FV0198 Karnbach AD .50 .50 Subtotal: 7 recs. KARNBACH 6.00 --------------------------------------------------------------------------- 9101 12/24/90 FY0198 Moore CL .50 9102 01/07/91 FY0198 Moore CL 1.00 9109 04/15/91 FY0198 Moore CL 1.50 Subtotal: 3 recs. MOORE 3.00 --------------------------------------------------------------------------- 9018 08/20/90 FY0198 Nickle MG 1.00 Subtotal: --------------------------------------------------------------------------- I recs. NICKLE _. 1.00 9025 11/26/90 FY0198 Parnell CL 1.00 9103 01/21/91 FY0198 Parnell CL 2.00 Subtotal: 2 recs. - ------------------------------------------------------------ PARNELL 3.00 9105 02/18/91 FY0198 Van Hoose MG 2.00 Subtotal: --------------------------------------------------------------------------- I recs. VAN HOOSE 2.00 9018 08/20/90 FV0198 Watt MG 2.00 9019 09/03/90 FY0198 Watt IN 17.00 9020 09/17/90 FY0198 Watt IN 2.50 9021 10/01/90 FV0198 Watt AD 5.00 Subtotals 4 recs. WATT 26.50 --------------------------------------------------------------------------- TOTALS: Hours 370.25 Printed 69 of the 22.362 records. McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Ddw Fayetteville. Arkansas 72703 Telephone $01/443-3404 October 25, 1991 FAX 301/443.4340 ENGINEERING STATEMENT NO. 2 (Final) To: City of Fayetteville For: Construction Engineering Services, Task Order No. 2 for Water and Sewer Line Relocation, Highway 180 Grade Separation at Arkansas and Missouri Railroad, Arkansas Highway Dept. Job No. 40042, MWY Project No. Fy-198. (in accordance with agreement dated June 23, 1990).• Engineer III (3.0 @ $29.15) ------ $ 87.45 Engineer I (74.5 @ $16.75) ------- 1,247.88 Technician III (36.5 @ $14.05) ---- 512.83 Technician II (225.5 @ $12.40) --- 2,796.20 Clerical (26.0 @ $8.00) ---------- 208.00 Steno/Secretary (7.75 @ $18.40) --- 142.60 Subtotal - Salary Cost ------ $4,994.96 Plus Payroll Expenses (36%) -- 1,798.19 Subtotal - Payroll Cost ------------ $ 6,793.15 Plus General Overhead (91%) -------- 6.181.77 Total Project Cost ----------------- $12,974.92 Plus Fixed Fee ---------------------- 1.000.00 Total Engineering Fee Due ------ $13,974.92 Less Previous Statement ------- 8.139.22 Due This Statement ------- $ 5,835.70 Respectfully submitted, L,' 0CTZ8::' 8 ,:' • McGoodwln, Williams and Yates, Inc. Consulting Engineer. 909 Roiling 11111. Drive Fayetteville, Arkansas 72703 Telephone 1101/443.3404 FAX 501/443-4340 January 21, 1991 ENGINEERING STATEMENT NO. 1 To: City of Fayetteville For: Construction Engineering Services, Task Order No. 2 for Water and Sewer Line Relocation, highway 180 Grade Separation at Arkansas and Missouri Railroad, Arkansas Highway Dept. Job No. 40042, MW? Project No. Fy-198. Statement includes all employee time through Jan. 6, 1991. Engineer III (1.0 @ $29.15) ------ $ 29.15 Engineer I (53.0 @ $16.75) ------- 887.75 Technician III (36.5 @ $14.05) ---- 512.83 Technician II (101.5 @ $12.40) --- 1,258.60 Clerical (14.0 @ $8.00) ---------- 112.00 Steno/Secretary (4.5 @ $18.40) ---- 82.80 Subtotal - Salary Cost ------ $2,883.13 Plus Payroll Expenses (36%) -- 1.037.93 Subtotal - Payroll Cost ------------ $ 3,921.06 Plus General Overhead (91%) -------- 3.568.16 Total Project Cost ----------------- $ 7,489.22 Plus Fixed Fee ($1,000.00 x 65%) ---- 650.00 Total Engineering Fee Due ------ $ 8,139.22 Respectfully submitted, I'. OCT 2 a Nil _j TASK ORDER NO. 2 FOR WATER AND SEWER LINE RELOCATION Required by Highway 180 Grade Separation at Arkansas and Missouri Railroad Arkansas Highway Department Job No. 40042 (Utilities) Fayetteville, Arkansas Project No. Fy-198 In accordance with the existing "AGREEMENT TO FURNISH WATER SYSTEM ENGINEERING SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS" dated February 6, 1990, between McGoodwin, Williams and Yates (hereinafter referred to as the Engineer) and the City of Fayetteville, Arkansas (hereinafter referred to as the Owner), the Owner desires that the Engineer will provide specific services relating to the relocation of water and sewer lines with regard to Highway 180 Grade Separation at Arkansas and Missouri Railroad, otherwise known as Arkansas Highway Department Job No. 40042. The scope of work and compensation for these services are as set out below: SECTION 1. PRELIMINARY ENGINEERING The Engineer is designated by the Owner and is hereby authorized to: A) Make preliminary investigations, preliminary surveys, and establish other data as is required to make cost estimates and recommendations to the Owner relative to the work required. KA B) Make final surveys, prepare final cost estimates, prepare detailed plans and specifications and submit same to the Arkansas Department of Health and the Arkansas State Highway and Transportation Department for their review and approval. C) 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 preparation of easement legal descriptions and plats for easement acquisition. In some instances it may be necessary to conduct detailed land surveys to obtain the information necessary to write the legal descriptions and prepare the plats. In such cases, the Engineer will advise the Owner of this need, but will not be responsible for performing any necessary land surveys. D) Prepare easements and tract plats for easement acquisition. E) Assist the Owner in the advertisement and receipt of bids, awarding of construction contracts, preparation of contract documents, and the issuance of the Notice to Proceed. SECTION 2. LAND SURVEYS Under Paragraph C, Section 1, it is set out that the Owner as to locations where, in the Engineer's judgment, conducted for the purpose of establishing right-of-way and/or needed for easement acquisition. After the Engineer has full responsibility, the Owner may elect to direct the Engineer Engineer will advise the land surveys should be preparation of tract plats filled the above described to perform certain land surveys and to prepare certain tract maps. As directed by the Owner, the Engineer will perform the following work: 1) Furnish or obtain the services of a "Registered Land Surveyor" as necessary to provide detailed property surveys. 2) Prepare tract maps as may be required. SECTION 3. OTHER WORK Any additional preliminary engineering services required which are outside the scope of this task order and authorized in writing by the Owner and the Arkansas State Highway and Transportation Department will be done by the Engineer. SECTION 4. ITEMS TO BE FURNISHED BY THE OWNER The Owner agrees to furnish the following: A) Access to all available maps or other data relative to the portion of the utility system involved in the project. B) Right -of -entry from property owners to permit necessary field surveys. C) Land record research to determine the apparent land owners, descriptions of the land owners' properties, subdivision plats, and other data that may be required in order to write any required easement legal descriptions and prepare plats for easement acquisition. IV D) Excavations as needed to determine elevation and/or locations of underground utilities when same cannot be determined by any other procedure. E) Pay all plan review costs and all costs of advertising in connection with the project. SECTION 5. COMPENSATION - PRELIMINARY ENGINEERING A) Basis of Fee The Engineer agrees to provide necessary personnel required to furnish preliminary engineering services as set out in Section 1 of this task order at the following established base salary hourly rates, plus 36 percent for payroll expenses and plus 91 percent of total payroll costs for general overhead expenses. Engineer III ..................... $29.15 Engineer II ..................... $21.75 Engineer I ..................... $16.75 Technician III ......... $14.05 Technician II ......... $12.40 Technician I ..... $10.00 Clerical ...... $ 8.00 Steno/Secretary ..................... $18.40 The Engineer agrees to keep accurate records of the hours of the various persons working on the project and to make available to the Owner supporting documentation of the time required. The rates shall be subject to renegotiation upon the anniversary date of this task order. 5 Li) The Owner agrees to pay the Engineer his cost as described above plus a fixed fee of $1,000.00. The estimated engineering fee of $10,039.65 was calculated as follows: Engineer III 12 hours @ $29.15 = $ 349.80 Engineer 11 4 hours @ $21.75 = 87.00 Engineer I 80 hours @ $16.75 = 1,340.00 Technician 11I 16 hours @ $14.05 = 224.80 Technician II 80 hours @ $12.40 = 992.00 Technician I 16 hours @ $10.00 = 160.00 Clerical 4 hours ® $ 8.00 = 32.00 Steno/Secretary 16 hours ® $18.40 = 294.40 Subtotal = $ 3,480.00 Payroll Expense (36%) = 1.252.80 Subtotal Payroll Costs = $ 4,732.80 General Overhead (91%) _ $ 4,306.85 Subtotal = $ 9,039.65 Professional Fee = 1,000.00 Estimated Engineering Fee $10,039.65 In order to provide a means for compensation for work necessary to complete the scope of the work required under Section 1 - Preliminary Engineering, but not included in the above estimate of manhours, the following is added to the Estimated Engineering Fee to obtain the Maximum Engineering Fee. Engineer III 8 hours @ $29.15 = $ 233.20 Engineer I 40 hours @ $16.75 = 670.00 Technician III 40 hours @ $14.05 = 562.00 Technician I 20 hours @ $10.00 = 200.00 Steno/Secretary 4 hours @ $18.40 = 73.60 Subtotal Payroll Expense (36%) Subtotal Payroll Costs General Overhead (91' Subtotal Estimated Engineering Maximum Engineering $ 1,738.80 625.97 $ 2,364.77 %) = 2,151.94 $ 4,516.71 Fee 10,039.65 Fee $14,556.36 The Engineer agrees to a maximum fee not to exceed $14,656.36, including professional fee. C) Payment The Owner agrees to make payment on a monthly basis. SECTION 6. CONSTRUCTION ENGINEERING The Engineer agrees to provide construction engineering services including construction surveys, resident inspection during the time actual construction is in progress, preparation of partial and final payment estimates, preparation of Plans of Record, and other items of work as needed to coordinate the work between the Owner and the contractor. The fee to be paid the Engineer for construction/engineering services shall be based on reimbursement of the Engineer's actual cost plus a lump sum profit. _aS •- 2i 4 C � 9f 37. y c = s [.-d1�1 als2 d cea� 7 The Engineer agrees to provide the necessary personnel required to furnish construction engineering services at the hourly rates set out under Section 5 of this task order plus 36 percent for payroll expenses and 91 percent for general office overhead The Engineer agrees to keep accurate records of the hours of the various persons working on the project and to make available to the Owner supporting documentation of the time required. The rates shall be subject to renegotiation upon the anniversary date of this task order. The Owner agrees to pay the Engineer his cost as described above plus a fixed fee of $1,000.00. The estimated engineering fee of $7,575.55 was calculated as follows: Engineer III 4 hours % $29.15 = $ 116.60 Engineer I 24 hours 0 $16.75 = 402.00 Technician III 16 hours 0 $14.05 = 224.80 Technician II 16 hours I $12.40 = 198.40 Technician I 150 hours® $10.00 = 1,500.00 Clerical 2 hours ® $ 8.00 = 16.00 Steno/Secretary 4 hours ® $18.40 = 73.60 Subtotal = $ 2,531.40 Payroll Expense (36%) = 911.30 Subtotal Payroll Costs = $ 3,442.70 General Overhead (91%) = 3.132.85 Subtotal = $ 6,575.55 Professional Fee = 1.000.00 Estimated Engineering Fee $ 7,575.55 K SECTION 7. COMPENSATION - OTHER WORK Any additional preliminary engineering services required which are outside the scope of this task order and authorized In writing by the Owner and by the Arkansas State Highway and Transportation Department will be done by the Engineer. Reimbursement for work done under this provision will be based on the actual time required, using the rates set out above plus 36 percent for payroll expenses and 91 percent for general overhead. This Task Order is subject to the review and approval of the Arkansas State Highway and Transportation Department. Authorized by: CITY OF FAYETTEVILLE, ARKANSAS Accepted by: McGOODWIN, WILLIAMS AND YATES, INC. 0aa-J14 Q , �tVtt R. Nickle, 'F Date l� 90 Date AMENDMENT NO. 1 TASK ORDER NO. 3 FOR WATER SYSTEM DIS DATED AUGUST 17TH, w/5 1990 This amendment is to provide for extra work encountered in connection with the above referenced contract for engineering work executed on August 17th, 1990. The extra work involved: 1. Additional work involved with the specifying of a variable speed pump and motor for the South Mountain Pump Station, 2. Extra work associated with the acquisition of Highway Permits on the Highway 112 water line, and with negotiations with the University of Arkansas Agriculture Department, and 3. Other work as set out in a letter from the Engineer dated December 22, 1992 and made a part of this amendment. The additional services were required as a result of changes made by the City and unforseen work not originally contemplated by the City or the Engineer. The cost of the extra work as requested by the Engineer and agreed to by the City is $8,970.00. CITY OF AYE T ILLE: MA 6R FRED HANNA AND YATES: DATE //�/93 DATE CITY OF FAYETTEVILLE REVIEW FORM PROJECT: Amendment No. 1. Work Order No. 3, Water System Improvements PROJECT MANAGER: Don Bunn DEPARTMENT/DIVISION: En2jneeringJPublic Works Please review the attached contract and/or change order between the City of Fayetteville and McGoodwin, Williams and Yates Approval Signature Date Comments Cad Le e -tj ocs- c( oo-S3(4'-vp Internal Additor y — ADA Coordinator Department Director I JoLg3 Administrative Services Director 7/g McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Telephone 501/443-3404 January 6, 1993 Re: Task Order No. 3 Water System Improvements MWY Project No. Fy-200 Amendment No. 1 Mr. Donald R. Bunn City Engineer City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Don: FAX 501/4434340 In accordance with your instructions, we are returning three executed copies of the above amendment. We trust our claim for additional compensation in connection with this work can now be processed in an expeditious manner. Thanks for your attention to this matter. Cordially yours, oojt-- L. Carl Yates LCY:hk Enclosures FAtY"ETTE.SZ LLE THE CITY OF FAYETTEVIUE. ARKANSAS DEPARTMENTAL CORRESPONDENCE oh u, fta fr)OutQMiMv&aoflTini. TO: Kevin Crosson, Public Works Director FROM: City Engineer ,,L SUBJECT: Request for Extra Engineering Task Order No. 3 for Water System Dist. Improvements Per Water Master Plan Study, 1989 DATE: December 30, 1992 Attached is a claim for extra engineering services in the amount of $8,970.00 in connection with the Water System Improvements project of 1990 and 1991. The claim is based on services that were provided outside the original scope of work as set out in the Engineering Contract titled Task Order No. 3 for Water Distribution System Improvements dated 8-17-90. - The contract (subsidiary to an open-end contract with McGoodwin, Williams, and Yates for water system engineering services) provides for a "not to exceed" fee for engineering services of $35,000.00 . Additional engineering compensation was allowed under the contract when such compensation was for work done outside the original scope and was authorized in writing by the Owner (City). Here is a comparison of the scope of work as contained in the engineering contract and the work actually engineered: CONSTRUCTION ITEMS CONTRACT WORK ACTUALLY SCOPE ENGINEERED 1. Hushpuppy W/L 2. Happy Hollow W/L 3. Mission Blvd W/L 4. Evelyn Hills Area Improvements 5. Highway 112 W/L 6. So. Mtn Booster Station Impvts 7. Futrall Street 10,500' of 8" 2,200' of 8" 2,875' of 8" Fire Hydrant Relocations Not Included Replace Fire Pump Not Included 3,393' of 8" 1,818' of 8" Not Included 1,424' of 8" 4,485' of 8" Replace Fire Pump Standby Generator Variable Speed Drive 2,455' of 12" As you can see there were scope changes. Briefly, they are: 1. The number of lines to be constructed (number of sites) went from 4 to 5, and increase in scope. 2. The length of line to be engineered went from 15,575' to 13,575' for a reduction of 2000', a decrease in scope. 3. The addition of a standby generator and a variable speed drive fire pump at the South Mountain Booster Station, an increase in scope. The need to provide for the variable speed pump and generator required more electrical and sitework also. It is difficult to say whether the changes listed would constitute an overall increase or decrease in the scope of the work as defined in the engineering contract. I would judge the scope of work to have increased overall as a result of the changes, particularly as a result of the pump station work and the need to deal with the University of Arkansas and the Highway Department in doing the engineering for the Hwy 112 work. It is, therefore, my recommendation that the claim for extra engineering be honored. If you agree then I will prepare an amendment to Task Order No. 3 to cover the scope changes and the extra compensation for execution. McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville. Arkansas 72703 Telephone 501/443-3404 December 22, 1992 Re: Task Order No. 3 Water Distribution System Improvements Additional Engineering Costs Project No. Fy-200 Mr. Donald R. Bunn, P. E. City Engineer City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Dear Mr. Bunn: FAX 501/443-4340 At your request, we have reviewed our letter of December 13, 1991, requesting additional engineering costs for extra work performed on the above referenced project. As you may remember, the agreement between our firm and the city established a cost ceiling of $35,000 "for the contemplated work." In reviewing our project files, it is apparent that numerous changes were made at the request of the city and that significant additional engineering services were provided on improvements that were "not originally contemplated" by either the city or our firm. For instance, the original agreement did not include work called out as University of Arkansas Improvements, which added the construction of an 8 -inch water line along Highway 112 from a point south of the Agri Park across U of A Experimental Farm property to the north side of Arkansas State Highway 180. Much of the additional time involved with this work was spent meeting with U of A officials, acquiring the proper authorization and permits, and meeting their additional requirements to provide for this construction. Our estimate of the additional cost associated with this change is set out below: Engineer III 1 hour @ $87 = $ 87 Engineer I 57 hours @ $50 = 2,850 Technician III 13 hours @ $42 = 546 Technician II 80 hours @ $37 = 2,960 $6,443 In the original agreement, the Evelyn Hills Improvements were basically to relocate fire hydrants to increase the fire Mr. Donald R. Bunn, P. E. December 22, 1992 Page 2 flow capability in that area. In looking at the problems involved with an open cut on College Avenue to tie into the existing water main at that location, it was decided to go behind Evelyn Hills to the east and construct a new 8 -inch water line tying into the water main on Sycamore. Once the plans were developed for that alternative, the city proceeded to acquire the necessary easements to construct the water line. Sometime thereafter, at the city's request, the water line behind Evelyn Hills was relocated to the east after negotiations between the city and the property owner failed to reach an agreement. This required additional field surveys to change the plans and easements to be revised for the new route. Additional costs associated with this work were: Engineer I 8 hours @ $50 = $ 400 Technician III 6 hours @ $42 = 252 Technician II 2 hours @ $37 = 74 726 The original agreement did not provide for any of the water line extensions along Futrall Drive from North Gregg over to the North Hills Medical Park. A 12 -inch water line was added at this location and included in the plans and specifications. During negotiations for easement acquisition at the trailer park on North Gregg, additional work was provided in working out an acceptable wood fence replacement with the trailer park manager, the absentee property owner, and city staff (Mr. Ed Connell). Additional costs: Technician II 10 hours @ $37 = $ 370 At the city's request, the improvements to the South Mountain booster station were significantly expanded with the addition of a new electrical standby generator with automatic transfer switch, and the design and installation of a variable frequency drive. This also included specifying a new pump to match the new variable frequency drive. Additional cost: Technician II 33 hours @ $37 = $1,221 Finally, Line No. 5A at Highway 265 and Wyman Road was rerouted, at the city's request, because of failure to negotiate an easement with the property owner. This required additional field work and easement preparation. The additional cost for this item is: Technician III 5 hours @ $42 = $ 210 Mr. Donald R. Bunn, P. E. December 22, 1992 Page 3 The total of these charges is $8,970, as set out in our previous letter. We hereby request additional compensation in this amount, making our total compensation for all work under this project $43,970. Just as a matter of record, in reviewing our costs on this project and as shown in our December 30, 1991 statement, our charge for time actually spent on the project would have been $49,875.50. We are only asking for the original cost ceiling of $35,000 plus $8,970 compensation for additional work, for a total amount of $43,970. As you can see, even with this additional compensation, MWY is absorbing a loss of $5,905.50 on this project. Respectfully submitted, Charles R. Nickle, P. E. Vice -President CRN:sc TASK ORDER NO. 3 FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS As Recommended in the 1989 Water Master Plan Study Fayetteville, Arkansas Project No. Fy-200 In accordance with the existing "AGREEMENT TO FURNISH WATER SYSTEM ENGINEERING SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS" dated February 6, 1990, between McGoodwin, Williams and Yates (hereinafter referred to as the Engineer) and the City of Fayetteville, Arkansas (hereinafter referred to as the Owner), the Owner desires that the Engineer will provide specific services relating to several immediate water distribution system improvements which were described in the 1989 Water Master Plan Study and are set out below. HUSH PUPPY IMPROVEMENTS: 10,500 L.F. 8 -Inch Water Line $197,000 SOUTH MOUNTAIN IMPROVEMENTS: New Fire Pump 25,000 HAPPY HOLLOW IMPROVEMENTS: 2,200 L.F. 8 -Inch Water Line 41,000 MISSION BLVD. IMPROVEMENTS: 2,875 L.F. 8 -Inch Water Line 55,000 EVELYN HILLS IMPROVEMENTS: Relocate Fire Hydrants ............................... 19.000 TOTAL $337,000 The scope of work and compensation for these services are as set out below. 2 SECTION 1. BASIC ENGINEERING SERVICES The Engineer is designated by the Owner and is hereby authorized to: A) Make preliminary investigations, preliminary surveys, and establish other data as is required to make cost estimates and recommendations to the Owner relative to the work required. B) Make final surveys, prepare final cost estimates, prepare detailed plans and specifications and submit same to the Arkansas Department of Health for their review and approval. C) 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 preparation of easement legal descriptions and plats for easement acquisition. In some Instances it may be necessary to conduct detailed land surveys to obtain the information necessary to write the legal descriptions and prepare the plats. In such cases, the Engineer will advise the Owner of this need, but will not be responsible for performing any necessary land surveys. D) Prepare easements and tract plats for easement acquisition. E) Assist the Owner in the advertisement and receipt of bids, awarding of construction contracts, preparation of contract documents, and the issuance of the Notice to Proceed. SECTION 2. LAND SURVEYS Under Paragraph C, Section 1, 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 4 3 surveys and to prepare certain tract maps. As directed by the Owner, the Engineer will perform the following work: 1) Furnish or obtain the services of a "Registered Land Surveyor" as necessary to provide detailed property surveys. 2) Prepare tract maps as may be required. SECTION 3. CONSTRUCTION MANAGEMENT SERVICES The Engineer agrees to provide construction management services including construction surveys, periodic resident inspection during the time actual construction is in progress, preparation of partial and final payment estimates, preparation of Plans of Record, and other items of work as needed to coordinate the work between the Owner and the contractor. SECTION 4. ITEMS TO BE FURNISHED BY THE OWNER The Owner agrees to furnish the following: A) Access to all available maps or other data relative to the portion of the utility system involved in the project. B) Right -of -entry from property owners to permit necessary field surveys. C) Land record research to determine the apparent land owners, descriptions of the land owners' properties, subdivision plats, and other data that may be required in order to write any required easement legal descriptions and prepare plats for easement acquisition. D) Excavations as needed to determine elevation and/or locations of underground utilities when same cannot be determined by any other procedure. E) Pay all plan review costs and all costs of advertising in connection with the project. 4 SECTION 5. COMPENSATION The Engineer agrees to provide the necessary personnel required to furnish basic gineering services and construction management services at the hourly rates set out In the existing "Agreement to Furnish Water System Engineering Services to the City of Fayetteville, Arkansas" dated February 6, 1990. A cost ceiling of $35,000 is hereby • , .. EIIt:pIti1!it41S:t.Ij:i:Pp(.pX:i:).M:.j.jIlr(:S(:i..1t.kt.)IliI:ait.11If_t.)IulT:tTi1d(.11Fi persons working on the project and to make available to the Owner supporting documentation of the time required. The rates shall be subject to renegotiation upon SECTION 6. OTHER WORK Any additional engineering services required which are outside the scope of this task order and authorized In writing by the Owner will be done by the Engineer. Reimbursement for work done under this provision will be based on the actual time required using the rates previously established. Authorized by: CITY OF FAYETTEVILLE, ARKANSAS Manager Accepted by: McGOODWIN, WILLIAMS AND YATES, INC. Date Charles R. Nickle, Vice -President Date