Loading...
HomeMy WebLinkAbout177-91 RESOLUTIONRESOLUTION NO. 177-91 A RESOLUTION AUTHORIZING AN ENGINEERING CONTRACT WITH MCCLELLAND ENGINEERS AND APPROVING A SUBSEQUENT PRELIMINARY ENGINEERING AGREEMENT WITH THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT FOR HIGHWAY 180 WIDENING PROJECT. 1 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 a contract with McClelland Engineers in the amount of $66, 740.00 plus a 10% contingency of $6,674.00 for a total contract price of $73,414.00 and approving a subsequent Preliminary Engineering Agreement with the Arkansas Highway and Transportation Department for the Highway 180 widening project. A copy of the contract and agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 1st day of October , 1991. APPROVED: B ATTEST: By • • AGREEMENT TO FURNISH WATER AND SANITARY SEWER SYSTEM RELOCATION ENGINEERING SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS This Agreement made this /.elt day of eGea-a---✓ , between the firm of McClelland Consulting Engineers, Inc., 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 field surveys, design services, and construction phase services to the Owner required to relocate water and sanitary sewer utilities in - conjunction with the AHTD construction project to widen 6th Street (Hwy 180) between School Ave and Garland Ave. In order to assist the OWNER, the ENGINEER will complete the following tasks: 1.1 Engineering design and construction observation services for relocating segments of 2 -inch, 4 -inch, 6 -inch and 12 -inch water lines along and crossing 6th Street; relocating segments of 6 -inch, 8 -inch, 12 -inch and 18 -inch gravity sewer lines along and crossing 6th Street; and relocating fire hydrants, water meters and sanitary sewer services. 1.2 Easement preparation services as necessary to provide construction access for the new water and sewer line locations either side of 6th Street. 1.3 Coordination services with the Arkansas Highway Department will be provided. ARTICLE 2 The COMPENSATION for services to be provided in Article 1 above shall be according to the following amounts. 1. For Desian Services: The Owner shall pay the Engineer for the Design Services rendered under Article 1 above. The Owner shall pay the Engineer 40% of the fee at the first of the month, 95% upon completion of Final Plans and Specifications and 100% upon approval of Documents by the City, Health Department and Highway Department a) a lump sum fee of $26,800.00 • • 2. For Easement Preparation: The Owner shall pay the Engineer for the preparation of Easements, required for the relocation water or sewer lines. The estimated cost for each easement parallel to the street Right -of -Way is $250 each. The estimated cost for each easement not parallel to the Right-of-way where additional property ties are required is $750. a) The estimated cost for easements is $3,000.00 3. For Bidding Phase: The Owner shall pay the Engineer for the bidding phase services rendered under Article 1 above upon the issuance of the Notice to Proceed by the Owner for: a) a lump sum fee of $ 1,000.00 4. For Construction Management Services: The Owner shall pay the Engineer for the construction management services rendered under Article 1 above in monthly installments based upon the percentage of construction complete in accordance with the monthly estimates prepared for the construction contractor. The final installment will be due upon submittal of the "Record Drawings". a) a lump sum fee of $ 2,500.00 5. For Construction Observation Phase: The Owner shall pay the Engineer for the resident construction observation services rendered under Article 1 above. The fee will be based upon the time worked at the hourly rate not to exceed an amount given below for the construction period stated below and in the Construction Contract, or as amended by separate Task Order should the project time exceed that given below. a) a fee equal to the number of hours worked at the maximum hourly rate of $38.00 per hour not to exceed an amount of $33,440 based upon a construction period of 120 calendar days and a total of 880 hours of construction observation time including 176 overtime hours. The Owner and the Engineer shall enter a separate Task Order to cover any additional overtime observation hours for the contractors overtime work beyond the 176 hours stated above and any observation time required beyond the 120 calendar period, as will be stated in the Construction Contract. • • • Additional work requested by the Owner beyond the work scope stated above in Article 1 shall be performed only after authorized in writing by the Owner. Payment for additional work shall be according to the hourly rate schedule in the Basic Agreement and actual reimbursable expenses or in accordance with a fixed amount agreed upon by the Owner under separate Task Order. ARTICLE 3 The ENGINEER shall provide detailed design phase of the work within 60 calendar days of the receipt of the Notice to Proceed. ARTICLE 4 Payments to the ENGINEER for services provided as generally described in Article 1 is to be made within 30 days after the date of billing. The amount due will be for services rendered during the previous month. 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 effort 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 cannot warrant that the project construction costs will not vary from his cost estimates. 5.4 That, the ENGINEER's payroll cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveyors, clerks, laborers, etc., for time directly chargeable to the project, plus Social Security contributions, employment compensation insurance, payroll taxes, retirement benefits, medical and insurance benefits, sick leave, vacation, bonus, and holiday pay. 5.5 That, the ENGINEER's Reimbursable Expenses are defined as the costs incurred on or directly for the Project, other than the payroll and general overhead costs. Such expenses shall be • computed on the basis of actual purchase price plus eight percent (8%) 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 That, either party may terminate this Agreement at 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 That, the OWNER may, from time to time, request changes in the scope of the services of the ENGINEER to be preformed 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 That, in the event of any legal or other controversy requiring the services of the ENGINEER in providing expert testimony in connection with the Project, except suits or claims by third parties against the OWNER arising ENGINEER, the OWNER shall pay the regard to such legal or other negotiated. • out of errors or omissions of the ENGINEER for services rendered in controversy, on a basis to be 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. • • ARTICLE 6 • IN WITNESS WHEREOF, the parties hereto each herewith subscribes the same in triplicate: FOR THE CITY OF FAYETTEVILLE, ARKANSAS 2/7 BY: � Fred Vorsanger / / Mayor ATTEST k thil Sherry homas, FOR THE ENGINEER BY: ame) City Clerk dill. _.,4A (Vice President) • • EXHIBIT A HOURLY RATE SCHEDULE. August 9, 1991 Principal Engineer Project Manager/Senior Engineer Electrical Engineer Mechanical Engineer Structural Engineer Civil Engineer Civil Engineering Technician Construction Observer Chief Draftsman/Designer Senior Draftsman Junior Draftsman CADD Station Survey Crew (2 -Man) Survey Crew (3 -Man) Soils Lab Supervisor Soils Lab Technician Water Lab Supervisor Water Lab Technician Clerical Support Mileage Travel Expenses • $85.00 $70.00 $65.00 $55.00 $53.00 $48.00 $40.00 $44.00 $45.00 $35.00 $24.00 $20.00 $55.00 $70.00 $43.00 $25.00 $36.00 $22.00 $25.00 $ .25/mile At Cost Hourly rates are subject to adjustment on an annual basis, beginning July 1 of the calendar year. TASK • ENGINEERING MANPOWER AND COST ESTIMATE McCLELLAND CONSULTING ENGINEERS INC. WATER AND SEWER RELOCATIONS 6-TH STREET WIDENING CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS SEPTEMBER 5, 1991 LEVEL OF PERSONNEL MANHOURS PROJECT MANAGEMENT PROJECT DIRECTOR 6 PROJECT MANAGER 32 PROJECT ENGINEER 8 CLERICAL 8 PRELIMINARY DESIGN REVIEW OF EXISTING PLANS PROJECT MANAGER 2 PROJECT ENGINEER 12 ENGINEERING TECHNICAN 2 FIELD SURVEY CONTROL SURVEY SUPERVISOR 6 ENGINEERING TECHNICAN 20 SURVEY CREW (2 MAN) 28 DEVELOP AREA MAP FROM AERIAL DATA PHOTOS DIGITIZED MAP COST LOCATE EXT. WATER,SEWER AND UTILITIES SURVEY SUPERVISOR 6 ENGINEERING TECHNICAN 22 SURVEY CREW (2 MAN) 28 PROFILE NEW SEWER LINES SURVEY SUPERVISOR 6 ENGINEERING TECHNICAN 18 SURVEY CREW (2 MAN) 32 PRELIMINARY PLANS PROJECT MANAGER 4 PROJECT ENGINEER 20 ENGINEERING TECHNICAN 29 DRAFTSMAN 24 CLERICAL 4 PAGE 1 • • TASK ENGINEERING MANPOWER AND COST ESTIMATE McCLELLAND CONSULTING ENGINEERS INC. WATER AND SEWER RELOCATIONS 6-TH STREET WIDENING CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS SEPTEMBER 5, 1991 LEVEL OF PERSONNEL MANHOURS • FINAL DESIGN AND PLANS DEVELOP FINAL PLANS PROJECT MANAGER 8 PROJECT ENGINEER 48 ENGINEERING TECNNICAN 40 DRAFTSMAN 64 CONTRACT DOCUMENTS AND SPEC. PROJECT MANAGER 4 PROJECT ENGINEER 40 CLERICAL 28 BIDDING PHASE PROJECT MANAGER 2 PROJECT ENGINEER 14 CLERICAL 6 CONSTRUCTION PHASE CONSTRUCTION MANAGEMENT PROJECT MANAGER 4 PROJECT ENGINEER 28 CONSTRUCTION OBSERVER 3 DRAFTSMAN 7 CLERICAL 20 CONSTRUCTION OBSERVATION CONSTRUCTION OBSERVER (40 hr week, 16 weeks) OVERTIME (ESTIMATED) 704 176 PAGE 2 ENGINEERING MANPOWER AND COST ESTIMATE McCLELLAND CONSULTING ENGINEERS INC. WATER AND SEWER RELOCATIONS 6-TH STREET WIDENING CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS SEPTEMBER 5, 1991 SUMMARY OF COSTS • DIRECT LABOR PAYROLL EXPENSE (35%) DIRECT NON -PAYROLL COSTS MATERIALS AND SUPPLIES REPRODUCTION DATA PROCESSING DIGITIZED AERIAL MAPPING EQUIPMENT RENTAL SUBTOTAL DIRECT COSTS INDIRECT COSTS (126%) SUBTOTAL DIRECT & INDIRECT • PROFIT TOTALS EASEMENT PREPARATION TOTAL FEE PRELIMINARY DESIGN $4,351.00 $1,522.85 $120.00 $180.00 $1,800.00 $7,973.85 $5,482.26 $13,456.11 $1,614.73 $15,070.84 (6 EST.) FINAL DESIGN $3,878.00 $1,357.30 $100.00 $250.00 $5,585.30 $4,886.28 $10,471.58 $1,256.59 $11,728.17 PAGE 3 BIDDING & CONST. MGT. $1,200.50 $420.18 $1,620.68 $1,512.63 $3,133.31 $376.00 $3,509.30 CONST. OBSERVATION $11,440.00 $4,004.00 $15,444.00 $14,414.40 $29,858.40 53,583.01 $33,441.41 DATE: 7- - / / TOTAL $20,869.50 $7,304.33 $220.00 $430.00 $0.00 $1,800.00 $0.00 $30,623.83 $26,295.57 $56,919.40 $6,830.33 $63,749.72 $3,000.00 $66,749.72 • Rev. 12-04-89 ARKANSAS STATE HIGHWAY COMMISSION LS AC X HIGHWAY -UTILITY AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES Job No. 4837 (Utilities) FAP No. FEGC-042-1 (4) Job Location Garland Ave. - Utility owner City of Fayetteville Hwy. 471 (Water S Sewer) Route 180 Section 0 Consultant McClelland Consulting County Washington Engineers,, Inc. THIS AGREEMENT, made and entered into this /5•day of /,gd6ar,4/' 19 9/ , 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 of Fayetteville, Arkansas, acting by and through its duly authorized representa- tives, 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, leas 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 Depart -tient 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 • 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: Adjust or relocate existing water and sewer mains, services and all appur- tenances to clear highway construction, 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" 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 McClel- land Consulting Engineers, 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 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. • E. 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 plane, 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 10 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 60 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 $ 27,779.74 * as determined by one of the following methods: E 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. 8. 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 %. ($ • Not to Exceed $27,800.00 x 8 = $ (Reimbursement) • 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 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 acknowledgement 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 inspec- tion 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. • • 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) ARKANSAS STATE HIGHWAY COMMISSION Acting By and Through The ARKANSAS STATE HIGHWAY and TRANSPORTATION DEPARTMENT Title Title /it _ , rector of Highways & Transportation PQLLC Chief, Rigom Way Division Chief -Utiles Section Right of Wa Division 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 herein 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 materialsorleases 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 of payments to the contractor under the contract until 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. • • CJ .F S 14411A -.y ISO Wicb,,I A5 c C(ri( ,J AMENDMENT NO. 1 g -4) TO AGREEMENT FOR ENGINEERING SERVICES The AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES dated October 1, 1991, between the City of Fayetteville, Arkansas (OWNER) and McClelland Consulting Engineers, Inc., (ENGINEER) is amended hereinafter for the purpose of changing the Scope of Services for the 6th Street Utility Relocation Project. Specifically, the revisions to the AGREEMENT are to be effected by the following changes: o Paragraph 1 of ARTICLE 2 is hereby modified to revise the design fee to include the Owner requested addition of a 24" sewer crossing of 6th Street at Gregg Street to serve as a future relief sewer. Increase the lump sum fee by $2,500 to a lump sum fee of $29,300.00. Except as specifically provided for herein, all other provisions of the referenced AGREEMENT, dated October 1, 1991, shall remain in full force. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this AMENDMENT in duplicate on the date heretofore stated. (SEAL) ATTEST: By Date (SEAL) ATTEST: By Title Date ,us (o, /4-43 OWNER: CITY OF FAYETTEVILLE By ayor Fred Hanna Date 0 & 9)c ENGINEER: McCLELLAND CONSULTING ENGINEERS, _NC. By Date John C. Quinn, P.E. Vice President rtiktief-5 • • • RESOLUTION NO. 177-91 A RESOLUTION AUTHORIZING AN ENGINEERING CONTRACT WITH MCCLELLAND ENGINEERS AND APPROVING A SUBSEQUENT PRELIMINARY ENGINEERING AGREEMENT WITH THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT FOR HIGHWAY 180 WIDENING PROJECT. • 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 a contract with Jfs41iiilie Engineers in the amount of $66, 740.00 plus a 10% shiageacy 4t $6,674.00 for a total contract price of $73,414.00 and approving a subsequent Preliminary Engineering Agreement with the Arkansas Highway and Transportation Department for the Highway 180 widening project. A copy of the contract and agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 1st day of October , 1991. ATTEST: By APPROVED: By: