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HomeMy WebLinkAbout87-88 RESOLUTION , , . r , , , , RESOLUTION NO. 87-88 C I' N I N E D A RESOLUTION AUTHORIZING A REVISION TO A CONTRACT WITH McCLELLAND CONSULTING ENGINEERS FOR ADDITIONAL ENGINEERING SERVICES IN CONNECTION WITH A LIGHTING AND OBSTRUCTION REMOVAL PROJECT AT THE FAYETTEVILLE MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Board of Directors hereby authorizes a revision to a contract with McClelland Consulting Engineers for additional engineering services in connection with a lighting and obstruction removal project at the Fayetteville Municipal Airport. A copy of said revision is attached hereto marked Exhibit "A" and made a part hereof . PASSED AND APPROVED this 6th day of December , 1988 . APPROVED By: Ma or = B r f": •*%0-4S v )2i _ • Vs:. '''1' 41; ' ; ,/ . " 70v cC { MICROFILMED AMENDMENT NO. 1 To AGREEMENT FOR ENGINEERING SERVICES The LETTER AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES • dated January 16, 1985, between the City of Fayetteville, Arkansas (OWNER) and McClelland Consulting Engineers, Inc. (ENGINEER) is amended hereinafter for the purpose of complying with Federal Aviation Administration (FAA) requirements regarding: 1. Title VI and Minority Business Enterprise Assurances; 2. Contracting methods for additional work (salary cost times multiplier is prohibited) ; and 3. Increase scope of work to include preparation of plans and specifications , construction management, construction observation, and construction materials testing for Phase I of Obstruction Removal and/or Lighting. Specifically, these revisions to the AGREEMENT are to be effected by the following changes: Page 6, Paragraph 5.9, Acknowledgements. Insert a new sub-paragraph between the 1st and 2nd sub-paragraphs , as follows: "The ENGINEER will comply with the requirements stated in the Title VI and Minority Business Enterprise Assurances as explained in paragraph 17 and Appendix 2 of AC 150/5100-4A, Architectural , Engineering, and Planning Consultant Services for Airport Grant Projects." Exhibit A, Page A-1, Paragraph 1 , Introduction. Change this last sentence to read: . . . .Runway approach zone for a 20:1 , 34:1 and 50:1 slope. . . . Exhibit A, Page A-5: Amend the scope of services to include Design and Construction for Phase I. SCOPE OF SERVICES FOR DESIGN AND CONSTRUCTION PHASE I 1. General 1.1. ENGINEER shall perform professional services as hereinafter stated which include customary civil , structural , and electrical engineering services incidental thereto. EXHIBIT A 2. Design Phase After written authorization to proceed with the Design Phase, ENGINEER shall : 2.1 On the basis of the accepted Obstruction Study Report and the opinions of probable Project Cost, prepare for incorporation of the Contract Documents final drawings to show the character and extent of the Phase I of Obstruction Removal and/or Lighting (hereinafter called "Drawings" ) and Specifications. 2.2 Furnish to OWNER such documents and design data as may be required so that OWNER may apply for approvals of such govern- mental authorities as have jurisdiction over design criteria applicable to the Projects. 2.3 Advise OWNER of any adjustments to the latest opinions of probable Project Cost caused by changes in extent or design requirements of the Projects or Construction Costs based on the Drawings and Specifications. 2.4 Prepare for review and approval by OWNER, his legal counsel and other advisors , contract agreement forms , general conditions and supplementary conditions, bid forms, invitations to bid and instructions to bidders. 2.5 Furnish five copies of the above documents and present and review them in person with OWNER and to the FAA. 3. Bidding Phase After written authorization to proceed with each Bidding Phase, ENGINEER shall : 3.1 Assist OWNER in obtaining bids for Phase I of Obstruction Removal and/or Lighting. 3.2 Consult with and advise OWNER as to the acceptability of subcontractors and other persons and organizations proposed by the prime contractor (hereinafter called "Contractor" ) for those portions of the work as to which such acceptability is required by the bidding documents. 3.3 Consult with and advise OWNER as to the acceptability of substitute materials and equipment proposed by Contractor. 3.4 Assist OWNER in evaluating bids or proposals and in assemb- ling and awarding contracts. 2 4. Construction Phase During the Construction Phase ENGINEER shall : 4. 1 Consult with and advise OWNER and act as his representative. All of OWNER' s instructions to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER except as otherwise provided in the aforementioned Exhibit A. 4.2 Make visits to the site at intervals appropriate to the various stages of construction to observe the progress and { quality of the executed work of Contractor(s) and to determine in general if such work is proceeding in accordance with the Con- tract Documents. ENGINEER shall not be responsible for the means, methods, techniques, sequences or procedures of con- struction selected by Contractor(s) or the safety precautions and programs incident to the work of Contractor(s) . ENGINEER' s efforts will be directed toward providing a greater degree of confidence for OWNER that the completed work of Contractor(s) will conform to the Contract Documents, but ENGINEER shall not be responsible for the failure of Contractor(s) to perform the work in accordance with the Contract Documents. During such visits and on the basis of on-site observations, ENGINEER shall keep OWNER informed of the progress of the work, shall endeavor to guard OWNER against defects and deficiencies in such work and may disapprove or reject work failing to conform to the Contract Documents. 4.3 Review Shop Drawings and samples, the results of tests and inspections and other data which each Contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents (but such review and approval or other action shall not extend to means , methods, sequences , techniques or procedures of construction or to safety precautions and programs incident thereto) ; determine the acceptability of substitute materials and equipment proposed by Contractor(s) ; and receive and review (for general content as required by the Specifications) maintenance and operating instructions, schedules , guarantees, bonds and certificates of inspection which are to be assembled by Con- tractor(s) in accordance with the Contract Documents. 4.4 Issue all instructions of OWNER to Contractor(s) ; issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare change orders as required; have authority, as OWNER' s representative, to require special inspection or testing of the work; act as initial 3 1 interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of OWNER and Contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the exe- cution and progress of the work. 4.5 Based on ENGINEER' s on-site observations as an experienced and qualified design professional and on review of applications for payment and the accompanying data and schedules, determine the amounts owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts; such recommendations of payment will constitute a representation to OWNER, based on such observations and review, that the work has progressed to the point indicated, that, to the best of ENGINEER's knowledge, information and belief, the quality of such work is in accordance with the Contract Documents (subject to an evaluation of such work as functioning Projects upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any qualifications stated in his recommenda- tion) , and that payment in the amount recommended is due Con- tractor(s). 4.6 Conduct an inspection to determine if the Project is sub- stantially complete and if the work has been completed in accordance with the Contract Documents and if each Contractor has fulfilled all of his obligations thereunder so that ENGINEER may recommend, in writing, final payment to each Contractor and may give written notice to OWNER and the Contractors that the work is acceptable (subject to any conditions therein expressed). 4.7 ENGINEER shall not be responsible for the acts or omissions of any Contractor, or subcontractor, or any of the Contractor(s) ' or subcontractors ' agents or employees or any other persons (except ENGINEER' s own employees and agents) at the site or otherwise performing any of the Contractor(s) ' work; however, nothing contained in paragraphs 5. 1 thru 5.7, inclusive, shall be construed to release ENGINEER from liability for failure to properly perform duties undertaken by him in the Contract Docu- ments. 4.8 Prepare for OWNER, on request, a set of reproducible record prints of Drawings showing those changes made during the con- struction process, based on the marked-up prints, drawings , and other data furnished by Contractor(s) to ENGINEER and which ENGINEER considers significant. Two sets of record prints will be included with Basic Services for the OWNER and two sets for the FAA. 4 4.9 A Resident Project Representative will be furnished and will act as directed by ENGINEER in order to assist ENGINEER in observing performance of the work of Contractor(s). Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Rep- resentative and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of Contractor(s); but the furnishing of such resident Project representation will not make ENGINEER responsible for construction means, methods, techniques , sequences or procedures or for safety precautions or programs, or for Contractor(s) ' failure to perform their work in accordance with the Contract Documents. Page B-1, Paragraph 2: Change the first sentence to read: "The basic fee of $32,000 is to be paid in accordance with the following schedule for the obstruction study: Page B-1 , Paragraph 2, Subparagraph E: Delete Subparagraph E and add the following subparagraphs E, F and G: E. A design fee of $12 ,000 is to be paid in accordance with the following schedule: 1. The sum of $11 ,000 shall be due and payable in two equal payments; the first, 30 calendar days following execution of the contract; and the latter, upon completion of the detailed Plans and Specifications and approval of same by the OWNER and the Federal Aviation Administration. 2. The sum of $1,000 shall be due and payable upon issuance by the OWNER of the Notice to Proceed on the Construction Contract. F. The construction management and construction observation fees for Phase I are to be paid in accordance with the following schedule: These fees are based upon a construc- tion period of 110 calendar days. Should the construction period exceed the 110 calendar days, the fees for the additional construction period would be based upon the hourly rates given in paragraph G, for the period beyond the 110 calendar day time limit. The construction contract extension for delays beyond the control of the OWNER, CONTRACTOR or ENGINEER would be agreed to by the OWNER CONTRACTOR and FAA, or the additional fees for time beyond the 110 calendar days; for which the CONTRACTOR is respons- ible, shall be taken from the Liquidated Damages in the con- struction contract. The fees given below will not be exceeded unless a Contract Amendment is executed by the 5 • • '• 1 . A sum of $25,500 will be due and payable in monthly installments, based upon time expended by the Resident Project Representative during the construction phase of the project. 2. The sum of $4,500 for construction management shall be due and payable in monthly installments, based upon the monthly estimates prepared to pay the construction contractor, the final incremental amount to be payable upon completion and final acceptance of the construc- tion work. G. Construction Materials Testing. I 3. Construction materials testing shall be paid for on a monthly basis, after submission of reports of testing performed during each month. Fee is to be determined by unit prices for testing, the sum of which is not to exceed $3,000 without the OWNER'S written approval . The following unit price schedule will apply: Concrete Compressive Testing, per cylinder $ 15.00/each Air Entrainment Test 5.00/each Proctor Curve, Modified 100.00/each Proctor Curve, Standard 80.00/each Density Testing, In Place 13.50/each Gradation, Dry Sieve 5.00/sieve Gradation, Wet Sieve 15.00/sieve 4. Additional services, if required, shall be paid for in accordance with the following hourly rates or with separate lump sum fee amendments to this contract determined on a case-by-case basis as the need arises. Principal Engineer $65.00 Project Manager 55.00 Project Engineer 45.00 Surveying Supervisor 35.00 Survey Crew Member 20.00 Engineering Technician 18.00 Senior Draftsman 32.00 Junior Draftsman 25.00 Construction Observer 32.00 Clerical 22.00 Except as specifically provided for herein , all other provisions of the referenced AGREEMENT, dated January 16, 1985, shall remain in full force. 6 4 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) OWNER: ATTEST: CITY OF FAYETTEVILLE By _ �% By Su nn M dl �'ethey Mari Johns City Clerk Mayor Date /21—a Date li —f4 (SEAL) ENGINEER: ATTEST: McClelland Consulting Engineers, Inc. By gy 2,.. /1 Johrr . ui nn Tit e Vice President Date � — _6 Date fQ M 7 P AMENDMENT NO. 2 To AGREEMENT FOR ENGINEERING SERVICES The Amendment No. 1 dated December 9, 1988 to the LETTER AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES dated January 16, 1985, between the City of Fayetteville, Arkansas (OWNER) and McClelland Consulting Engineers, Inc. (ENGINEER) is amended hereinafter for the purpose of complying with Federal Aviation Administration (FAA) requirements regarding: 1. A change in scope of work for the preparation of plans and specifications, construction management, construction observation, and construction materials testing for Phase I of Obstruction Removal and/or Lighting under the AIP 3- 05-0020-11 grant from the FAA. Specifically, these revisions to Amendment No. 1 to the AGREEMENT are to be effected by the following changes: o Paragraph E on Page 4 of the Amendment is hereby modified to revise the design fee of $11, 000. o Paragraph E-1 on Page 4 of the Amendment is hereby modified to revise the sum to $10, 000. o Paragraph F on Page 4 of the Amendment is hereby modified to revise the calendar day construction period to 90 days. o Paragraph F-1 & 2 on page 6 of the Amendment is hereby modified as follows: 1. A sum of $25,500 will be due and payable in monthly installments, based upon actual time expended by the Resident Project Representative during the construction phase of the project at a maximum hourly rate of $42 .00 per hour. 2 . The sum of $3 , 500 for construction management shall be due and payable in monthly installments, based upon the monthly estimates prepared to pay the construction contractor, the final incremental amount to be payable upon completion and final acceptance of the construction work. - 1 - The hourly rates for additional services under Paragraph G on Page 6 of the Amendment are hereby modified as follows: Principal Engineer $75.00 Project Manager 67.00 Project Engineer 50. 00 Surveying Supervisor 35. 00 Survey Crew (2-man) 55.00 Engineering Technician 25.00 Senior Draftsman 40.00 Junior Draftsman 25.00 Construction Observer 42 .00 Clerical 22 . 00 Except as specifically provided for herein, all other provisions of the referenced Amendment No. 1 dated December 9, 1988 to the referenced AGREEMENT, dated January 16, 1985, 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) OWNER: ATTEST: CITY OF FAYETTEVILLE By � Sherry�ThCom s City Clerk 1410, dr Carr gw**t Date ,Q d '3, M/ Date le)/4/1 / (SEAL) ENGINEER: ATTEST: McClelland sultin gineers, Inc. By B Jo C. Quinn Title / /¢ IV Vice Presi nt Date 7 3' q// Date qS0 ql - 2 -