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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 •