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HomeMy WebLinkAbout89-90 RESOLUTION471 RESOLUTION NO. 89-90 A RESOLUTION APPROVING THE UTILITY RELOCATION AGREEMENT WITH THE HIGHWAY DEPARTMENT FOR PRELIMINARY ENGINEERING ALONG HIGHWAY 156. 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: ,directed4to execute a utility4relocation agreement with the Highway 'Department' for` preliminary engineering along Highway 156 at a cost not to exceed $16,349.14. A copy of the agreement authorized .for' executionhereby is attached hereto marked Exhibit."A" and made a part:hereof..: . PASSED AND. APPROVED; this . Nfap ATTEST: ... 4 274 5th e, . day tof ,.June .Z ' • APPROVED: , 1990. t1 Rev. 12-04-89 h -rrL)Itt )..Ltt t 1- 0 W r ARKANSAS STATE HIGHWAY COMMISSION LS _ AC X HIGHWAY -UTILITY AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES Job No. 1R40059 (Utilities) FAP No. State Project Job Location Hwy. 71 - East & North Route 156 Section 5 County Washington Utility owner City of Fayetteville Water & Sewer ccnsultant McGoodwin, Williams & Yates, Inc. ddTHIS AGREEMENT, made and entered into this / day of 199D, by and between the Arkansas State Highway Commission, acting by and through ithe duly authorized representatives of the Arkansas State Highway and Transportation Department, with headquarters at Little Rock, Arkansas, hereinafter referred to as the "Department" and 'the City of Fayetteville Water & Sewer hof Fayetteville, Arkansas, acting by and through its duly authorized representatives, herein after referred to as the "Owner" WITNESSETH: WHEREAS: The "Department", in the interest of public safety, convenience, and enjoyment, proposes to make certain highway improvements at the location and according to the plans and specifications of the "Department" for such work under the job designation as shown above; "Owner" must adjust or relocate certain if its existing utility facilities and in connection'with such adjust- ments, "Department" shall participate in the costs of such work to the extent such costs are eligible for reimbursement from State Highway funds and eligible` when applicable for participat=on in Federal funds: and WHEREAS: The cost to "Owner" for preliminary engineering services 'shall be eligible for reimbursement from "Department" at the same ratio as the ad- justment' of "Owner's" facilities are eligible based on the proportion of the facilitiles to be adjusted that are located on property in which "Owner" holds a compensable property interest under the Constitution and Arkansas Law, less betterments (except betterments required by -the highway construction) and in. accordance with the applicable provisions and requirements of the Arkansas State Highway Commission Utility Accommodation Policy as adopted on September 20, 1989, by Commission Minute Order 89-455, as amended and supplemented, it is also, understood that for this cost to be eligible for participation in Federal 'funds, the work must be performed and reimbursement made as prescribed by Federal rules and regulations applicable to Federal Aid Projects, and as set out in the United States Department of Transportation, Federal Hlghway Ad- ministration, Federal Aid Highway Program Manual, Volume 6 Chapter 1, Section 2, Subsection 2 (Engagement of Consultants for Engineering Services) issued Octoberp0,'1974, or as amended. These documents by this reference are hereby made a part of this Agreement with the same force and effect as if attached hereto or recited herein; and - - • �- Y.'• WHEREAS: The proposed highway improvement necessitates the adjustment or relocation of certain of "Owner's" utility facilities as described in the fol- lowing scope of work: Relocate and/or adjust approximately 4,000 feet of existing 8" C.I. water line and a section of sewer line, and suchadjustment or relocation requires the preparation of plans, sketches, estimate! of cost, and work specifications (when applicable)- to be used as the basis for a subsequent agreement with "Owner" to provide for such adjustment or relocation: and F WHEREAS: The "Owner" is not adequately staffed with professional or tech- nical personnel to prepare the necessary technical and detailed information as may be required, and needs the services of a "Consultant" to perform the said preliminary engineering work; and.hereby requests "Department's" concurrence. in the employment of a "Consultant" of proven ability and experience, and which has one or more of its members licensed by the Arkansas State Board of Registration for Professional Engineers: and WHEREAS: The "Owner" proposes to employ the engineering firm of McGood- win, Williams & Yates, Inc. hereinafter referred' to as the "Consultant" which meets the above qualifications to perform such necessary preliminary en- gineering services; and the "Department" has determined that it is to the ad- -vantage and best interest of the "Department's" highway improvement project that said engineering services be performed by "Consultant" for "Owner" under a contract for preliminary engineering services entered into between "Owner" and "Consultant", and subject to the "Department's" approval; and the selec- tion and employment of said engineering firm is acceptable to the "Department", and "Consultant" is ready, willing, and able to perform the re- quired engineering and technical services. NOW, THEREFORE, IT IS HEREBY AGREED: 1. "Owner" has entered into a -contract for preliminary engineering serv- ices with the "Consultant", subject to the "Department's" approval, and has furnished copies of said contract which are attached and made a part of this agreement, and said contract sets forth in detail the engineering and.techni- cal services to be performed by the "Consultant" and thefee to be paid by the "Owner" for such services; and the "Department" by execution of this agreement concurs in the employment of the "Consultant" and approves the said contract for preliminary engineering services as providing for the "Consultant" to fur- nish the following minimum required services (as applicable): A. Make all necessary field surveys, investigations, and special studies required to obtain proper and sufficient data for the preparation of complete plans, estimates of cost, and construction specifications. B. Prepare complete and detailed plans of the existing facilities and of the proposed construction, including maps, plans, profiles and_. detailed drawings of structures and appurtenances when and as necessary. rt 10P C. Prepare an engineer's detailed estimate of cost of the proposed work and if plant betterments for the "Owner's" convenience are to be in- cluded in the planned adjustments, the "Consultant" shall detail Separately the estimated inplace cost of such plant betterments and the estimated cost to relocate and adjust the existing facility inkind -and function as required by the highway project. Such separation of cost of may be shown either by separate and comparative estimates or by detailing of items in the estimate. D. If the construction work is to be performed by other than "Owner's" forces, prepare bid notices, instructions, specifications, contract documents and any other data necessary to secure bids and let a contract for the proposed work. E. Furnish the "Owner" with eight (8) sets of plans, specifications; and contract documents (seven (7) sets for transmittal by "Owner" to Department"). Said documents shall be considered as approved when and only when accepted by the "Department" and, if necessary, approved by the Federal Highway Administration. 2. {The "Consultant" shall begin the work as herein set out within 5 Halendar days after receiving written authorization through the "Owner", such authorization to be issued as a Work Order by the "Department", and "Consultant" shall complete his contractual obligations as herein set out in .30..L calendar days. { 3. After delivery to, and acceptance by the "Department" of the final plans, estimate of cost and all necessary supporting documents in original and six (6) copies, the "Department" will make payment to the "Owner" in accor- dance with Paragraph 4, the pro rata portion of the total preliminary en- gineering fee of $ 15,327.25* as determined by one of the following methods: ; A. The appropriate pro rata factor for allocating payment of this fee between "Owner" and "Department" cannot be accurately determined until the preliminary engineering work is completed, and the pro rata factor as established by the "consultant's" investigations will be applied in the allocation of the cost obligations under this agreement and in the subsequent Utility Relocation Agreement. B. The pro rata portion of the total preliminary engineering fee based on the "Owner's" eligibility for reimbursement that the facilities to be adjusted are located on property in which the "Owner" holds a compensable property interest, is 100 %. ($15,327.25 x 100 % _ $ 15,327.25 (Reimbursement) *The P. E. fee shall not exceed $16,349.14. • 4. The basis for "Consultant's" total fee to be charged "Owner", includ- ing any additional fee for plant betterment work to be done for "Owner's" con- veniencealong with the required adjustments, is detailed and set forth in the attachedreopy of the contract between the "Owner" and the "Consultant". Said payment is to be on the actual cost with fixed profit payment procedure which will be initiated within 30 days after submission by "Owner" of a certified statement in the above proportionate reimbursable amount together with acknow- ledgement evidenced in writing by "Consultant" that the total fee has been paid to him by the "Owner". "Owner" agrees to retain cost records and accounts for inspection and audit for a period of not less than three (3) years from the date of final payment. 5. It is understood and agreed that, by separate statement and by copy of this agreement complete with pertinent attachments, the United States Depart- ment of Transportation, Federal Highway Administration, may be furnished war- ranties and certifications that the conditions under which this contract was obtainedFhave been, and performance by all parties shall be, in accordance with the requirements of a project involving participation in Federal Aid Highway Funds, and same shall be subject to applicable State and Federal Laws, both criminal and civil. 6. The "Owner", in employing the "Consultant" to perform the work and. services covered by this agreement, agrees to require the "Consultant" to comply with the provisions of Appendix "A", copies of which are attached to and made a part ofthis contract, and the provisions of which pertain to non- discrimination in employment; and it is further understood and agreed that the "Consultant" shall in performing such work under said provisions, be con- sidered as acting in the same relative capacity as the "Contractor" referred to in said Appendix "A". 7. The "Department" may, at its discretion, cancel or suspend the work under this agreement at any time provided reimbursement is made on an equi- table basis and in a proportionate amount for the services performed by "Consultant" up to the time that written notice of such cancellation is receivedlby "Owner" from "Department". Such amount of proportionate reim- bursement shall -be based on the proportion that the work actually performed bears to the total work originally contemplated. Should the "Department" give notice of cancellation in writing prior to the start of any work hereunder, then this Agreement shall thereupon become null and void without liability to the "Department". 8. The "Owner" shall save the "Department" and any other affected Agencies of Government harmless from all claims and liabilities arising out of, or in any manner due to, the activities or any negligent act or omission of "Owner's" employees or the "Consultant" or his employees or agents. k • • .31 at Kai. f f n 9. The provisions of this agreement apply only to the preliminary en- gineering services herein set out, and nothing contained herein shall be con- strued as applying to any future contract which may be entered into between the "Department" and.the"Owner", except that the reference in Paragraph No. 3 above, regarding the ,determination of the reimbursement eligibility pro rata factor from the subject preliminary engineering work shall apply both in fixing the ratio of eligibility for reimbursement of cost under this agreement and a subsequent covering the actual utility relocation work. IN WITNESS WHEREOF: The parties hereto have caused this instrument to be executed in triplicate by their duly authorized representatives as of the date first above written.. CITY OF FAYETTEVILLE. WATER & SEWER Title Title ARKANSAS STATE HIGHWAY COMMISSION Acting By and Through The ARKANSAS STATE HIGHWAY and TRANSPORTATION DEPARTMENT Director of Highways &.Transportation. ief, Right. of Way --Division 3 Chief-Utilitie&Section.: Right of Way Divisionh'':- APPENDIX A During the performance of this contract, the contractor, for itself, its as- signees and successors in interest (hereinafter referred to as the "contractor" agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are llerein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work per- formed by it during the contract, shall not discriminate on the grounds of race, color, sex, national origin, or handicap, in the selection and retention of subcontractors, including procurements of materials and leases of equip- ment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or nego- tiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, national original, or handicap (4) Information and Reports: The contractor shall provide all informa- tion and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any informa- tion required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as ap- propriate, and shall set forth what efforts it has made to obtain the informa- tion. (5) Sanctions for Noncompliance: In the event of the contractor's non- compliance with the nondiscrimination provisions of this contractor, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but no limited to: (a withholding ofpayments to the contractor under the contract until I the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the state High- way Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direc- tion, the contractor may request the State Highway Department to enter into such litigation to protect the interests of the state, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States Tr 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 ze, • 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 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 preparationf 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. 4 2) 3 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) Flight -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 111 Engineer II Engineer 1 Technician 111 Technician 11 Technician 1 Clerical Steno/Secretary $29.15 $21.75 $16.75 $14.05 $12.40 $10.00 $ 8.00 $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 documentat'on 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 111 Engineer 11 Engineer 1 Technician 111 Technician 11 Technician 1 Clerical Steno/Secretary 20 hours @ $29.15 4 hours @ $21.75 84 hours @ $16.75 16 hours @ $14.05 180 hours @ $12 40 16 hours @ $10.00 4 hours @ $ 8.00 22 hours @ $18.40 Subtotal Payroll Expense (36%) Subtotal Payroll Costs IMMMI General Overhead (91%) = $ 583.00 87.00 1,407.00 224.80 2,232.00 160.00 32.00 404.80 $ 5,130.60 1,847.02 $ 6,977.62 6,349.63 • 5 Subtotal Professional Fee Estimated Engineering Fee $13,327.25 2 000.00 $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 Engineer I Technician III Technician I Steno/Secretary 4 hours @ $29.15 4 hours @ $16.75 4 hours @ $14.05 8 hours @ $10.00 4 hours Q $18.40 Subtotal Payroll Expense (36%) = Subtotal Payroll Costs = General Overhead (91%) = Subtotal Estimated Engineering Fee Maximum Engineering Fee The Engineer agrees to a maximum fee not 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 $ 116.60 67.00 56.20 80.00 73.60 $ 393.40 141.62 $ 535.02 486.87 $ 1,021.89 15,327.25 $16,349.14 to exceed $16,349.14, • 6 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 Engineer I Technician III Technician II Technician I Clerical Steno/Secretary 4 hours ® $29.15 40 hours @ $16.75 16 hours @ $14.05 16 hours @ $12.40 300 hours © $10.00 4hours@$ 8.00 6 hours @ $18.40 Subtotal WPM Payroll Expense (36%) = $ 116.60 670.00 224.80 198.40 3,000.00 32.00 110.40 $ 4,352.20 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 Accepted by• McGOODWIN, -WILLIAMS AND YATES, INC. 6CI Charles R. Nickle, Vice -President 5i d Date c1/2.Z/9v Date • Asti GREENWOOD -111 " , 4 3441tGO1A(AT •• it i rl tett • l t'OU••a• GOi • (OURS! • 1\ • 0 W 4 0 FAYETTEVILLE C- WATERLItE RELOCATION • W • 7 D 0 V • 31 1 34 LVL'L�J.V r.�a. • Vi ENGINEERING CONTRACT FOR HIGHWAY 156 AHTD #40059 MWY FY -196 t .w 41ev. .12-04-89 • LS AC X ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY -UTILITY AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES Job No. R40059 (Utilities) FAP No. State Project Job Location Hwy. 71 - East & Utility owner City of Fayetteville •North Water & Sewer Route 156 section 5 ..Consultant MCGoodwin, Williams & County Washington Yates. Inc. THIS AGREEMENT, made and entered into this day of '('' r ! _2A.1 1 , 19 , by and between the Arkansas State Highway Commission, acting by and through the duly authorized representatives of the Arkansas State Highway and Transportation Department, with headquarters at Little Rock, Arkansas, hereinafter referred to as the "Department" and the City of Fayetteville Water & Sewer of Fayetteville, Arkansas, acting by and through its duly authorized representatives, herein after referred to as the "Owner" WITNESSETH: WHEREAS: The "Department", in the interest of public safety, convenience, and enjoyment, proposes to make certain highway improvements at the location and according to the plans and specifications of the "Department" for such work under the job designation as shown above; "Owner" must adjust or relocate certain of its existing utility facilities and in connection with such adjust- ments, "Department" shall participate in the costs of such work to the extent such costs are eligible for reimbursement from State Highway funds and eligible when applicable for participation in Federal funds: and WHEREAS: The cost to -"Owner" for preliminary engineering services shall be eligible for reimbursement from "Department" at the same ratio as the ad- justment of "Owner's" facilities are eligible based on the proportion of the facilities to be adjusted that are located on property in which "Owner" holds a compensable property interest under the Constitution and Arkansas Law, less betterments (except betterments required by the highway construction) and in accordance with the applicable provisions and requirements of the Arkansas State Highway Commission Utility Accommodation Policy as adopted on September 20, 1989, by Commission Minute Order 89-455, as amended and supplemented, it is also understood that for this cost to be eligible for participation in Federal funds, the work must be performed and reimbursement made as prescribed by Federal rules and regulations applicable to Federal Aid Projects, and as set out in the United States Department of Transportation, Federal Hlghway Ad- ministration, Federal Aid Highway Program Manual, Volume 6 Chapter 1, Section 2, Subsection 2. (Engagement of Consultants for Engineering Services) issued October 30, 1974, or as amended. These documents by this reference are hereby made a part of this Agreement with the same force and effect as if attached hereto or recited herein; and • • • • • 11. WHEREAS: The proposed highway improvement necessitates the adjustment or relocation of certain of "Owner's" utility facilities as described in the fol- lowing scope of work: Relocate and/or adjust approximately 4,000 feet of existing 8" C.I. water line and a section of sewer line,. and such adjustment or relocation requires the preparation of plans, sketches, estimate of cost, and work specifications (when applicable) to be used as the basis for: a subsequent agreement with "Owner" to provide for such adjustment or relocation: and WHEREAS: The "Owner" isnot adequately staffed with professional or tech- nical personnel topreparethe necessary technical and detailed information as may be required, and needs the services of a "Consultant" to perform the said preliminary engineering work; and hereby requests "Department's" concurrence in the employment of a "Consultant" of proven ability and experience, and which has'one or more of its members licensed by the Arkansas State Board of Registration for Professional Engineers: and WHEREAS: .The "Owner" proposes to employ the engineering firm of McGood- win, Williams & Yates,'Inc. hereinafter referred to as the "Consultant" which meets the above qualifications to perform such necessary preliminary en- gineering,services; and the "Department" has determined that it is to the ad- vantage and best interest of the "Department's" highway improvement project that said engineering services be performed by "Consultant" for "Owner" under a contract for preliminary engineering services entered into between "Owner" and "Consultant", and subject to the "Department's" approval; and the selec- tion and employment of said engineering firm is acceptable to the "Department", and "Consultant" is ready, willing, and able to perform the re- quired engineering and technical services. NOW, THEREFORE, IT IS HEREBY AGREED: 1. "Owner" has entered into a contract for preliminary engineering serv- ices with. the "Consultant", subject to the "Department's" approval, and has furnished copies of said contract which are attached and made a part of this agreement, and said contract sets forth in detail the engineering and techni- cal services to be performed by the "Consultant" and the fee to be paid by the "Owner" for such services; and the "Department" by execution of this agreement concurs in the employment of the "Consultant" and approves the said contract for preliminaryengineering services as providing for the "Consultant" to fur- nish the following minimum required services (as applicable): A. Make all necessary field surveys, investigations, and special studies required to obtain proper and sufficient data for the preparation of complete plans, estimates of cost, and construction specifications. B. Prepare complete and detailed plans of the existing facilities and of the proposed construction, including maps, plans, profiles and detailed drawings of structures and appurtenances when and as necessary. • • 4' • C. Prepare an engineer's detailed estimate of cost of the proposed work and if plant betterments for the "Owner's" convenience are to be in- cluded in the planned adjustments, the "Consultant" shall detail separately the estimated inplace cost of such plant betterments and the estimated cost to relocate and adjust the existing facility inkind and function as required by the highway project. Such separation of cost of may be shown either by separate and comparative estimates or by detailing of items in the estimate. D . If the construction work is to be performed by other than "Owner's" forces, prepare bid notices, instructions, specifications, contract documents and any other data necessary to secure bids and let a contract for the proposed work. E . Furnish the "Owner" with eight (8) sets of plans, specifications, and contract documents (seven (7) sets for transmittal by "Owner" to Department"). Said documents shall be considered as approved when and only when accepted by the "Department" and, if necessary, approved by the Federal Highway Administration. 2. 'The "Consultant" shall begin the work as herein set out within 5 calendar days after receiving written authorization through the "Owner", such authorization to be issued as a Work Order by the "Department", and "Consultant" shall complete his contractual obligations as herein set out in 30 calendar days. 3. After delivery to, and acceptance by the "Department" of the final plans, estimate of cost and all necessary supporting documents in original and six (6) copies, the "Department" will make payment to the "Owner" in accor- dance with Paragraph 4, the pro rata portion of the total preliminary en- gineering, fee of $ 15,327.25* as determined by one of the following methods: X A. The appropriate pro rata factor for allocating payment of this fee between "Owner" and "Department" cannot be accurately determined until the preliminary engineering work is completed, and the pro rata factor as established by the "Consultant's" investigations will be applied in the allocation of the cost obligations under this agreement and in the subsequent Utility Relocation Agreement. The pro rata portion of the total preliminary engineering fee based on the "Owner's" eligibility for reimbursement that the facilities to be adjusted are located on property in which the "Owner" holds a compensable property interest, is 100 g, ($15,327.25 x 100 % = $ 15,327.25 (Reimbursement) *The P. E. fee shall not exceed $16,349.14. • • 4. The basis for "Consultant's" total fee to be charged "Owner",,includ- ing any additional fee for plant betterment work to be done for "Owner's" con- venience along with the required adjustments, is detailed and set forth in the attached copy of the contract between the "Owner" and the "Consultant". Said payment is to be on the actual cost with fixed profit payment procedure which will be initiated within 30 days after submission by "Owner" of a certified statement in the above proportionate reimbursable amount together with acknow- ledgement evidenced in writing by "Consultant" that the total fee has been paid to him by the "Owner". "Owner" agrees to retain cost records and accounts for inspection and audit for a period of not less than three (3) years from the date of final payment. 5. It is understood and agreed that, by separate statement and by copy of this agreement complete with pertinent attachments, the United States Depart- ment of Transportation, Federal Highway Administration, may be furnished war- ranties and certifications that the conditions under which this contract was obtained .have been, and performance by all parties shall be, in accordance with the requirements of a project involving participation in Federal Aid Highway Funds, and same shall be subject to applicable State and Federal Laws, both criminal and civil. 6. The "Owner", in employing the "Consultant" to perform the work and services covered by this agreement, agrees to require the "Consultant" to comply with the provisions of Appendix "A", copies of which are attached to and made a part of this contract, and the provisions of which pertain to non- discrimination in employment; and it is further understood and agreed that the "Consultant" shall in performing such work under said provisions, be con- sidered as acting in the same relative capacity as the "Contractor" referred to in said Appendix "A". 7. The "Department" may, at its discretion, cancel or suspend the work under this agreement at any time provided reimbursement is made on an equi- table basis and in a proportionate amount for the services performed by "Consultant" up to the time that written notice of such cancellation is received by "Owner" from "Department". Such amount of proportionate reim- bursement shall be based on the proportion that the work actually performed bears to the total work originally contemplated. Should the "Department give notice of: cancellation in writing prior to the start of any work hereunder, then this Agreement shall thereupon become null and void without liability to the "Department". 8. The "Owner" shall save the "Department" and any other affected Agencies of Government harmless from all claims and liabilities arising out of, or in any manner due to, the activities or any negligent act or omission of "Owner's" employees or the "Consultant" or his employees or agents. •