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 : Page 2 11c\agree94 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 . Page 3 Uc\agree94 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 . Page 4 116agree94 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 . Page 5 11c\agree94 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 Page 6 I1c\agree94 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 Page 7 llc\agree94 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 Page 8 11c\agree94 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 . Page 9 11c\agree94 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