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3336 r RESOLUTION NO. 3 ,336 A RESOLUTION AUTHORIZING AMENDMENT TO A CONTRACT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND GARVER AND GARVER, INC. , ENGINEERS, FOR CERTAIN SURVEYING WORK ON THE EAST-WEST EXPRESSWAY BY MODIFIING THE EXTENT OF THE WORK AND THE FEES AND PAY- MENTS PROVISIONS TIE REOF; AUTHORIZING EXECUTION OF AN AMENDMENT TO THE SAID CONTRACT; AND FOR OTHER PURPOSES. WHEREAS, pursuant to Resolution No. 3126, enacted and adopted on. March 2, 1964, the firm of Garver & Garver, Inc. , Engineers, was hired and employed to make surveys of partial tracts of land in connection with the East-West Expressway in this City; and WHEREAS, said resolution authorized the execution of an agreement to such effect, which agreement was signed and executed by the parties on the 10th day of March, 1964; and WHEREAS, the majority of needed partial surveys have been accomplished pursuant to said agreement, but that said agree- ment has expired as to the work remaining to be done and should be renewed in order to complete the surveying of the remaining partial tracts; and WHEREAS, due to the nature of the work remaining to be done, it is necessary that the payment of fees to Garver & Garver, Inc. , be adjusted commensurate with the said work by eliminating a maximum fee for each tract of land remaining to be surveyed; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. An amendment is hereby authorized to that certain agreement executed on the 10th day of March, 1964, between the City of Little Rock, Arkansas, and Garver & Garver, Inc. , Engineers, in connection with the right-of-way for the East-West Expressway in this City, which amendment shall remove from the payment of fees for each tract hereafter surveyed the ceiling as established in the original contract and appendices thereto and establishing a basis of compensation commensurate with the work anticipated. SECTION 2. The form and substance of the amendment authorized to the original contract referred to in Section 1 hereof is in form and substance as follows: AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES WHEREAS, an agreement was entered into between the City of Little Rock and Garver & Garver, Inc., on the tenth day of March, 1964, wherein and whereby Garver & Garver , Inc. , became obligated to perform surveys on certain partial tracts of lands within the City of Little Rock to be acquired by the City of Little Rock for the East-West Expressway; and WHEREAS, the work contemplated in said contract has been performed and certain additional work is desired by the City of Little Rock; and WHEREAS, both parties agree that the terms of the original contract shall continue in force through and including the additional work desired by the City of Little Rock, subject to certain changes in the consideration to be paid Garver & Garver, Inc. , by the City of Little Rock, Arkansas, for said work; NOW, THEREFORE, IT IS HEREBY COVENANTED, CONTRACTAD AND AGREED AS FOLLOWS: Each and every provision of the contract dated March 10, 1964, between the City of Little Rock, Arkansas, and Garver & Garver, Inc. , is hereby adopted and ratified as the contract between the said parties for the performance of certain additional work as desired from time to time by the City of Little Rock, Arkansas, of the same type and nature as contemplated in the said original contract. Section II of the original contract shall be and is hereby amended as follows: "Section II. EXTENT OF THE WORK. The work will include parcels of land lying along the North and South right-of-way lines of any or all parts of Stage 1 of the East-West Expressway in the City of Little Rock as designated by the City Manager." Section VI of the original contract shall be and is hereby amended to read as follows: -2- "Section VI. FEES AND PAYMENTS. For and in consideration of the services to be rendered by the engineer, the owner shall pay and the engineer shall receive a fee equal to engineer ' s actual salary costs allocated to the work, plus one hundred percent (100%) thereof, plus ten cents (10c) per mile for on-the-job travel. The cost accounting records of the engineer pertaining to the work shall be open to the owner on written request." IN WITNESS WHEREOF, the City of Little Rock causes to be affixed hereto the hand and seal of its Mayor and City Clerk, respectively, and Garver & Garver, Inc., causes to be affixed hereto the hand and seal of its President on this day of , 1965. CITY OFS TILE RO I, ARKANSAS By/4 1 - • 'or ATTEST: City Clerk GARVER & GARVER, INC. By . Presidenv , SECTION 3. The Mayor and City Clerk are hereby authorized and directed to execute the amendment to the original contract as fully set forth in Section 2 hereof. SECTION 4. This resolution shall be in full force and effect from and after its adoption. ADOPTED: May 17 , 1965 ATTEST:'7 �► 13ee..1 APPROVED : City Clerk � Asst. Mayo / p_