HomeMy WebLinkAboutOrdinance 3859 c
ORDINANCE NO. 3 8 5 9
AN ORDINANCE WAIVING THE REQUIREMENTS OF
COMPETITIVE BIDDING AND AWARDING AN
ENGINEERING CONTRACT TO DEVELOPMENT
CONSULTANTS, L. L. C. , FOR THE PREPARATION OF
CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE
JOYCE BLVD . AT U . S . 71B INTERSECTION
IMPROVEMENT PROJECT, IN THE AMOUNT OF
$297770.51 , PLUS A 10% PROJECT CONTINGENCY OF
$2,977 .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council hereby waives the requirements of competitive
bidding for engineering services on the preparation of construction plans and specifications and
inspections for the Joyce Blvd. at U .S. 71B intersection improvement project for the reason that
such requirements are not feasible or practical . The timing of the intersection improvements
at the Joyce and U .S . 71B intersection is very crucial . Due to time constraints and the lack of
progress of cost share negotiations, the survey and initial engineering services were started by
a private company. To change engineering firms at this point would cause unnecessary
hardship on the engineer and the public.
Section 2. That the Mayor and City Clerk are hereby authorized to execute a
Consulting Engineering Agreement for final design, estimates, and related engineering services
related to the Joyce Blvd. at U .S. 71B intersection improvement project, with Development
Consultants, L.L.C. , in the amount of $29,770. 51 , plus a 10% project contingency of $2,977.
A copy of the Agreement is attached hereto as Exhibit "A " and made a part hereof.
PASSED AND APPROVED this 20TH day of December , 1994.
APPROVED:
By: 44/4 .
Fred Hanna, Mayor
ATTEST:
By :
Traci Paul, City Clerk
CONSULTING ENGINEERING AGREEMENT
FOR
FINAL DESIGN,
ESTIMATES,
AND RELATED ENGINEERING SERVICES
CITY OF FAYETTEVILLE, ARKANSAS
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
THIS AGREEMENT , entered into and executed this 2.aI4.4 day of
26em u, 1994 by and between The City of Fayettevile
hereinafter called the " Owner " , and Development Consultants ,
L . L . C . , a corporation existing under the laws of the
State of Arkansas , with principal offices at 1970 East Joyce
Boulevard , Suite 1 , Fayetteville , Arkansas 72703 ,
hereinafter called the Engineer .
WITNESSETH :
WHEREAS , the Owner is reconstructing a certain intersection
in Fayetteville ; and WHEREAS , the Owner wishes to employ an
Engineer to perform said work ; and WHEREAS , the Engineer ' s
staff is adequate and well-qualified and it has been
determined that its current workload will permit completion
of the plans for the project on schedule ;
NOW , THEREFORE , it is considered to be in the best public
interest for the Owner to obtain the assistance of the
Engineer ' s organization in connection with said engineering
services . In consideration of the faithful performance of
each Party of the mutual covenants and agreements set forth
hereinafter , it is mutually agreed as follows :
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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 set forth in the
Sections to follow ; and the Owner agrees to pay , and the
Engineer agrees to accept , cost incurred plus fixed fee , as
specified in the Sections to follow , as full and final
compensation for work accomplished in the specified time .
SECTION III - - INFORMATION AND SERVICES
The project consists of developing plans &
specifications for construction of intersection improvements
( AHTD Standards ) for upgrading the current intersection at
Hwy 71 & Joyce Boulevard .
All public hearings and all environmental handling is
the responsibility of the Owner /AHTD . The Engineer is not
responsible for environmental assessments or coordination of
any environmental issues that may surface during the design
phase .
The Owner will furnish the following :
1 . Traffic projections .
2 . Geotechnical information .
3 . Preparation of environmental documentation , if
necessary .
4 . Conduct public hearings .
5 . Application for Department of the Army Section 404
permits as needed , utilizing information provided
by consultant .
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6 . Right of way and utility handling coordination .
The Owner will be responsible for Utility Agreements . The
Owner will make available to the Engineer any Standards ,
Design Criteria , Utility Policy , and other information in
its possession which relate to the Project for use by the
Engineer in the performance of the necessary engineering
services . Reproducible copies of current Arkansas State
Highway and Transportation Department Standard Drawings for
inclusion in the plans , if and as required , will be
furnished by AHTD . Copies of the Arkansas State Highway and
Transportation Department ' s Special Provisions will also be
furnished , as needed and as requested , to the Engineer by
AHTD .
SECTION IV -- SERVICES TO BE FURNISHED BY THE ENGINEER
( TITLE I SERVICES )
The project consists of the upgrading of an existing
intersection . This intersection is inadequate to handle
the public's needs and will be upgraded with a new facility .
The intersection is to be designed to standards
in accordance with the "AASHTO Policy on Geometric Design of
Highways and Streets , 1984 " . Specifications will be in
conformance with the latest edition of the Arkansas Standard
Specifications for Highway Commission and latest applicable
Arkansas Highway & Transportation Department Special
Provisions .
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Any information necessary for the satisfactory
preparation of the Final Plans and Job Special Provisions in
addition to that information furnished by the Owner shall be
prepared by the Engineer . The engineer shall perform the
following as a part of this project :
a . Final Design & Layout .
b . Soils Boring Coordination .
C . Required Mtgs . w/ City & AHTD .
d . Preparations for Quantities & Special Provisions .
SECTION V -- ENGINEER ' S RESPONSIBILITY DURING CONSTRUCTION
( TITLE II SERVICES )
As the Construction Contracts are awarded and notice to
proceed is issued , the Engineer shall :
a . Check shop drawings as appropriate .
Title II Services in this Agreement are for con-
ventional construction .
Inspection services are not a part of this contract
unless change ordered at a later date .
SECTION VI - - CONSULTATION SERVICES DURING CONSTRUCTION
If , during the course of construction , consultation
between the Owner and the Engineer is required , the Owner
agrees to compensate the Engineer .
Payment will be made monthly upon presentation of
invoices prepared in the required form and number , subject
to the approval of the Owner .
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SECTION VII - - SUBCONTRACTING
Subcontracting by the Engineer of any of the services
requires prior approval by the Owner .
SECTION VIII -- TIME OF BEGINNING AND COMPLETION
The Engineer shall begin work under this Agreement
within ten ( 10 ) days of notice to proceed and shall complete
all TITLE I SERVICES by February 1 , 1995 .
The above completion time is predicated upon the fact
that the Owner/AHTD will cause to be processed approvals of
interim work in an expeditious manner .
SECTION IX - - 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 reimbursement of all salary costs , overhead , and
fees at rates paid by the Engineer during the Contract
Period , consisting of TITLE I SERVICES , including the Fee of
Seven Thousand Five Hundred Sixty Seven Dollars and Fifteen
Cents ( $ 7 , 567 . 15 ) not to exceed an Upper Limit Contract
amount of Fifty Eight Thousand Fourteen Dollars and
Eighty Three Cents ( $ 58 , 014 . 83 ) , plus reimbursable expenses ,
and Title II Services , not to exceed an Upper Limit Contract
amount of One Thousand Six Hundred Seventy Seven Dollars and
Sixty Cents ( $ 1 , 677 . 60 ) , plus reimbursable expenses .
Reimbursable expenses are for mileage , reproduction ,
long distance telephone , production supplies , and
miscellaneous expendable supplies normally required by the
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Engineer .
The basis of this upper limit and justification for the
fee is contained in Appendix "A" , attached hereto .
Adjustment of the upper limit may be made , should the
Engineer establish and the Owner agree , that there has been
or is to be a significant change in the : ( 1 ) Scope ,
complexity , or character of the services to be performed ;
( 2 ) condition under which the work is required to be
performed ; ( 3 ) duration of work , if the change from the time
period specified in the Agreement for completion of work
warrants such adjustment .
TITLE II SERVICES shall be billed on a marked-up salary
based on the established SCHEDULE OF SALARY RANGES . This
mark-up will remain in effect unless adjusted by a later
audit and incorporated into a Supplemental Agreement . The
following schedule covers the markup rate for each
individual shown .
SCHEDULE OF RATES
( Title II )
Staff Markup Rate
Greg Bone 64 . 29
Mark Wright 81 . 12
All miscellaneous expendable supplies normally required
by the Engineer in the performance of these services will be
purchased by the Engineer , who will be reimbursed by the
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Owner as a reimbursable expense .
Final payment for TITLE I SERVICES shall be made upon
the Owner ' s approval and acceptance of construction plans ,
estimates of quantities , and the satisfactory completion of
any related services required by the Owner .
Final payment for TITLE II SERVICES shall be made upon
the Owner ' s approval , and upon the Engineer ' s satisfactory
completion of all TITLE II SERVICES .
IN WITNESS WHEREOF , the Parties hereto have caused this
Agreement to be duly executed as of the date and year first
herein written .
THX7Xj
TY OF FAYETTEVILLE
By :
F ed Hanna - Mayor
Development Consultants , L . L . C .
By : X
Mr
aging Parther
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APPENDIX "A"
SCHEDULE OF COSTS
TITLE I SERVICES
STAFF HOURS RATE COSTS
MARK WRIGHT 180 $70.54 $12,697.20
GREGG BONE 272 $55.90 $15,204.60
PAUL DAVIS 88 $49.33 $4,341 .04
LYNN DAVISON 276 $34.84 $9,615.84
SURVEY CREW 110 $55.58 $69113.80
BEVERLY CARTER 30 $19.90 $597.00
SHERYL PATTERSON 100 $18.78 $1 ,878.00
TOTAL 1056 $50,447.68
TOTAL COSTS50 447.68
FEE $7,567.15
TOTAL (TITLE 1) $58,014.83
TITLE II SERVICES
STAFF HOURS RATE" COSTS
MARK WRIGHT 8 $81 .12 $648.96 " MARK-UP RATE
GREGG BONE 16 $64.29 $17028.64
TOTAL 24 $1 ,677.60
APPENDIX "A" CONT .
INVOICE LABOR EXPENSES TOTAL PAID
1 6 , 307 . 28 776 . 94 7 , 084 . 22 $ 71084 . 22
2 13 , 752 . 54 128 . 87 13 , 881 . 41 13 , 881 . 41
2A 11632 . 38 0 . 00 1 , 632 . 38 11632 . 38
3 21286 . 18 953 . 33 3 , 239 . 51 31239 . 51
4 31303 . 81 66 . 75 3 , 370 . 56 3 , 370 . 56
5 51050 . 40 38 . 15 5 , 088 . 55 1 , 000 . 28
6 10 , 741 . 46 299 . 93 11 , 041 . 39 0 . 00
$ 43 , 074 . 05 2 , 263 . 97 $ 45 , 338 . 02 $ 30 , 208 . 36
APPENDIX "A" TOTAL $ 58 , 014 . 83
PAID LABOR 28 , 244 . 32
CONTRACT REMAINING $ 29 , 770 . 51
Note : The above chart has been furnished to establish the
amount of the contract remaining . The engineering
for the U . S . Highway 71B at Joyce Boulevard project
was originally funded through an escrow account
established by an escrow agreement between Clary
Development Corporation and the City of Fayetteville .
The amount of this account was thirty thousand
dollars ( $ 30 , 000 . 00 ) . This fund was depleted in
September 1994 .
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Fh9 -
MICROFILMEII
De-V. Gon .CC4 #.
DS- as - 9S'
o�d . 3 Ss9
AMENDMENT TO THE
AGREEMENT WITH D€-r , LGG
AMENDMENT I /
This is an amendment to the Agreement for 6W6-1mEryziAj& -c�*zvicEs (love 715)
executed on the day of Qzeftyr, 190W between the City of
Fayetteville , Arkansas and D,* v�go e6 -r- t ✓sva7 ✓Ts
Additional services required due to Lhan c iw;e9l
4gmk,s la h5/.,dwR E TANfAv QTltnn ✓ / 427Z1E1✓T
The charge for the additional services shall not exceed
$
CITY OF FAYETTEVILLE :
Date
May..
Date Sz8 ( 9�
Title