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3126 . . RESOLUTION NO. 3,126 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 TWENTY-SEVEN (27) PAR- CELS 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 authorized 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 twenty-seven (27) parcels, approximately twelve (12) of which will be surveys on property not here- tofore surveyed and approximately fifteen (15) of which will be plot surveys on plots heretofore surveyed but required modification due to changed descriptions of the East-West Expressway location. SECTION 2. The Agreement for Engineering Services authorized in Section 1 hereof shall be in form and words as follows: CITY OF LITTLE ROCK AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made, entered into and executed this day of , 1964, by and between the City of Little Rock, hereinafter called the "Owner" ; and Garver & Garver, Inc . , a corpora- tion existing under the laws of the State of Arkansas, with office at 1515 West 7th Street , Little Rock, Arkansas, hereinafter called the "Engineer" ; WITNESSETH: WHEREAS, the right-of-way for the proposed East-West Expressway at Little Rock has been defined by the Arkansas State Highway Com- mission ; and WHEREAS , the City of Little 0.ock is responsible for the acquisi- tion 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 "partial takings" ; and WHEREAS, the preparation of plots of these properties showing the location of each ownership with respect to the right-of-way line by which it is traversed is required for the purposes of negotiations , purchase, and transfer of title ; and WHEREAS, it is in the Owner ' s best interests to secure the assis- tance 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 of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows : SECTION I. EMPLOYMENT OF ENGINEER. The Owner agrees to emply 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 twenty-seven (27) 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 the most recent Engineering Report relating to 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 • • • 40 • Page 2 twenty-seven (27) (approximately) ownerships affected, on 8A" x 11" sheets, complete with improvements, right-of-way lines as related to the boundaries of the property, and all information as necessary 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 Nays of the date of notification to pro- ceed. SECTION VI . FEES AND PAYMENTS . For and in consideration of the services to be rendered by the Engineer, the Owner shall pay and the Lngineer shall receive a fee based upon the unit prices for direct payroll costs, overhead, and pro- fit, which are shown in the appendix attached hereto, but the fee shall in no event exceed $1,560.00 as supported by the estimate of time and costs sec forth in said appendix. 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 drawings 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 agree- ment. Neither the Owner nor the Engineer shall assign, sublet or trans- fer his interest in this agreement 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 Page 3 affecting the work to be performed hereunder and may increase same or decrease same when necessary as the work progresses . The fee pay- able to Engineer shall in such event be decreased or increased com- mensurate with the unit prices affected and on a fair and equitable basis to both parties . All changes or modifications in work quanti- ties shall be given to Engineer in writing by the City Manager of the City of Uccle 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 herein written . GARVER & GARVER, INC. CITY OF LITTLE ROCK BY _ _ BY N. B . Garver Mayor ATTEST City Clerk APPENDIX BREAKDOWN OF ENGINEERING SERVICES INCLUDED IN PREPARATION OF PROPERTY PLATS EAST-WEST EXPRESSWAY For the preparation and revision of property plats showing improvements, minimum required right-of-way as related to the boundaries of the various properties to permit acquisition where partial takings are presently indicated; and legal descriptions appurtenant thereto. Estimated Number of Parcels: 12 new par- cels and 15 revised parcels. M I8 FOR FEE COMPUTATION - 1 REVISED PARCEL A. FIELD SURVEYS Party chief 3 hrs. @ $3.17 = $ 9. 51 Rodman 3 hrs. @ 1. 50 = 4. 50 Chainman 3 hrs. @ 1.25 = 3.75 Total Salary Cost - Field Surveys $ 17.76 B. OFFICE WORK Revise Legal Description & Plat Draftsman 1 hr. @ $3.00 = 1_142Q. Total Salary Cost - Office Work $ 3.00 Total Salary Cost $ 20. 76 Overhead on Salary Costs, 15% 3. 11 Total Payroll Costs $ 23.87 General Office Overhead, 60% 14.32 Total Cost $ 38.19 Profit, 10% 3.80 Total $ 42.99 Total Max. Fee - 1 Revised Parcel $ 40.00 S FOR FEE COMPUTATION - 1 NEW PARCEL A. FIELD SURVEYS Party Chief 6 hrs. @ $3. 17 = $ 19.02 Rodman 6 hrs. @ 1. 50 = 9.00 Chainman 6 hrs. @ 1.25 = 7.50 Total Salary Cost - Field Surveys $ 35. 52 B. OFFICE WORK Prepare Legal Description & Plat Engineer 1 hr. @ $3. 17 = $ 3. 17 Draftsman 1 hr. @ 3.00 = 3 .00 Total Salary Cost - Office Work $ 6. 17 Total Salary Cost $ 41.69 Overhead on Salary Cost, 15% _ 6.25 Total Payroll Cost $ 47.94 General Office Overhead, 60% 28.76 Total Cost $ 76.70 Profit, 10% 7.67 Total $ 84.37 Total Max. Fee - 1 new parcel $ 80.00 I 2 • SECTION 3. This resolution shall be in full force and effect from and after its adoption. ADOPTED: March 2 , 1964 ATTEST• APPROVED: City Clerk Mayor.