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2825 , RESOLUTION NO. 2,825 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO ENTER INTO AND EXECUTE A CERTAIN AGREEMENT FOR ENGINEERING SERVICES WITH GARVER & GARVER, INC. , TO MAKE PLOT SURVEYS OF APPROXIMATELY 90 PARCELS ON EAST-WEST EXPRESSWAY; AND FOR OTHER PURPOSES. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS : SECTION 1. The Mayor and City Clerk are hereby autho- rized and directed to enter into and execute on behalf of the City of Little Rock a certain Agreement for Engineering Services with Garver & Garver, Inc. , to make plot surveys of approximately ninety (90) parcels on the East-West Expressway. SECTION 2. The Agreement for Engineering Services, authorized in Section 1 hereof, shall be in form and words as follows : ■ a #w,, CITY OF LITTLE ROCK AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made, entered into and executed this day of , 1962, by and between the City of Little Rock, hereinafter called the "Owner" ; and & Garver, Inc. , a corporation 8 State of Arkansas, with office at 217 Wallace Building, Little Rock, Arkansas, hereinafter called the "Engineer" ; WITNESSETH: for the proposed East - West P S the right-of-way WHEREA , Expressway at Little Rock has been defined by the Arkansas State Highway Commission, and, WHEREAS , the City of Little Rock is responsible for the acquisition of said right-of-way, and, WHEREAS, right-of-way lines in some instances traverse individual ownerships in such manner that the required purchases may prove to be "artial takings" , and, WHEREAS, the preparation of plots of these properties showing the location of each ownrsediiswrehuiredrespect fortpurposesgof of-way line by which it is traversed q negotiation, purchase, and transfer of title, and, WHEREAS , it is in the Owner' s best interests to secure the assistance of the Engineer in connection with the preparation of these plots, and, WHEREAS , the parties hereto desire to set forth, in writing, the agreement reached between them with respect to the foregoing recitals and related matters . NOW, THEREFORE, in consideration covenants and agreements the r� - fomance of each party of th set forth hereinafter, it is mutually agreed as follows: Page 2 SECTION I. EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer to perform, and the Engineer agrees to perform, professional engineering services in connection with the Project as stated in sections to follow; and the Owner agrees to pay, and the Engineer agrees to accept, the fees specified hereinafter as full and final compensation for work accomplished in the specified time. SECTION II . EXTENT OF THE WORK The work will include approximately ninety (90) parcels of land lying along the north and south right-of-way lines of the proposed East - West Expressway between Fair Park Boulevard and the interim terminal of Stage I construction near Park Avenue, all as shown in "Preliminary Engineering Report" (1962) , Arkansas State Highway Department Plans and Surveys Job 6732. SECTION III . SERVICES TO BE FURNISHED The Engineer shall prepare individual plots of each of the ninety (approximately) ownerships affected, on 81" x 11" sheets, complete with improvements, right-of-way lines as related to the boundaries of the property, and all information as neces- sary to permit negotiations for, purchase of, and transfer of title to, each partial taking. The Engineer shall also prepare a legal description for each parcel to be acquired. SECTION IV . SERVICES NOT TO BE FURNISHED Subject agreement shall not include services as witness as may be required by the Owner in connection with court cases arising during the procedures of right-of-way acquisition. SECTION V. TIME OF BEGINNING AND COMPLETION The Engineer shall begin work under this Agreement within five (5) days of the date of notification to proceed and shall complete all work within sixty (60) calendar days of the date of notification to proceed. Page .3 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 re- ceive a fee based upon the unit prices for direct payroll costs, overhead, and profit , which are shown in the appendix attached hereto, but the fee shall in no event exceed $6,008 .47 as sup- ported by the estimate of time and costs set forth in said ap- pendix. In this regard, the cost accounting records of the. Engineer shall be opened to the Owner on written request . SECTION VII . OWNERSHIP OF DOCUMENTS . All documents, including original drawings, field notes and other pertinent data, are made and shall remain the property of the Owner. The Engineer may retain reproduced copies of draw- ings and other documents . SECTION VIII . MISCELLANEOUS The Engineer shall comply with all Federal, State and local laws applicable to the work. SECTION IX. SUCCESSORS AND ASSIGNMENTS The Owner and the Engineer each binds himself and his successors, executors, administrators and assigns to the other party to this agreement . Neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this agree- ment without the consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto . SECTION X. MODIFICATION AND CHANGES IN WORK QUANTITIES . The City of Little Rock expressly reserves and retains the right to change the quantities, property descriptions and other factors affecting the work to be performed hereunder and may increase same or decrease same when necessary as the work p,e 4 progresses. The lee payable to Engineer shall in such event be decreased or increased commensurate with the unit prices affected and on a fair and equitable basis to both parties . All changes or modifications in work quantities shall be given to Engineer in writing by the City Manager of the City of Little Rock or his authorized agents . IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed as of the day and year first here- in written. ti CARVER & GARVER, INC. CITY OF LITTLE ROCK By By N. B. Garver Mayor ATTEST City Clerk i::i>_7Pw'.v...:'�_..:.,.?,_ :"' ii <s. �_ ,'S."',.t�+.'tn.YG < ;�'r% 3t.,a-a :� +ei_ _..:hria'�`wA+r:Sa " ..:22G�a'[R 'i ..... a;+E! 'x:c. - .. .0toiaosiLks 1.1m_ APPENDIX I BREAKDOWN OF ENGINEERING SERVICES INCLUDED IN PREPARATION OF PROPERTY PLATS EAST-WEST EXPRESSWAY For the preparation of complete property plats showing improve- ments, right-of-way lines as related to the boundaries of the various properties, and all information necessary to permit the acquisition of approximately ninety (90) tracts of land where partial takings are presently indicated; and the legal descriptions appurtenant thereto: A. OFFICE WORK (a) Record Search Engineer 40 0 3.60 4 144.00 (b) Legal Descriptions Engineer 90 0 3. 17 = 285.30 (c) Prepare Plats Draftsman 180 @ 3.00 = 540.00 Total Direct Costs, $ 969.30 Office Work Overhead on direct costs, 15% $ 145.40 Administrative, 60% of direct costs 581.58 Abstracts, 40 0 $1.00 40.00 Profit, 10% 1,69.63 TOTAL COSTS, $ 1.910.,9 1, Office Work B. FIELD SURVEYS Party Chief 360 i 3. 17 =$l, 141. 20 Rodman 360 0 1. 50 = 540.00 Chairman 360 0 1. 25 = 450,00 Total Direct Costs, $ 2, 131.20 Field Surveys - - i Overhead on direct costs, 15% $ 319.68 Administrative, 60% of direct costs 1, 278.72 Profit, 10% 3.72,,6 TOTAL COSTS, $ 4. 141Z. Field Surveys Summary of Costs Total Costs, Office Work $1, 905.91 Total Costs, Field Surveys 4, 102. 56 TOTAL COSTS $ 6,008.47 OFFICE WORK AND FIELD SURVEYS • SECTION 3. This resolution shall be in full force and effect from and after its adoption. ADOPTED: April 2, 1962 ATTEST i , � APPROVED: City Clerk Mayor