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HomeMy WebLinkAbout111-80 RESOLUTION• RESOLUTION NO. ///nt8b A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH McCLELLAND CONSULTING ENGINEERS, INC. FOR ENGINEERING SERVICES FOR THE GRADING OF SAFETY AREAS AND FOR TAXIWAY LIGHTING AT DRAKE FIELD. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE;CITY OF FAYETTEVILLE; ARKANSAS: • That the Mayor and City Clerk are hereby authorized and directed to execute a contract with McClelland Consulting Engineers, Inc. for engineering services for the grading safety areas and for taxiway lighting at Drake Field. A copy of the contract authorized for execution attached hereto marked Exhibit "A" PASSED AND APPROVED this o ATTESTiit ;V 'lLiro .kap CITY CLERK hereby is of and made a part hereof. day of Vig,pyn,lgAJ , 1980. APPROVED: MICROFILMED ((P v,': ^(`^..'Y151 .ebiFf's0. (("�°S fir o,liJ:::ti.1;: ri:( •CealE;i:`ai dLE CPe ttnnztrat:ril):::;'kc iy{ 3y&i% ;Te,`27'o-ere-i. It.- ccst?I.Sy f3` it i .....`1t rocs l C r i6rei;oin ii 'fife �;r`2 -di 3 :;: iJt*7:;: _: •i i" y c'r:f 9 R -d ` to £ar a •9Q4 want. iin �'''t ii i:C� `v' i iP, n 61c. z�.n„_s my I Vii xe'ss my - band and a .b $ liar, o //2t R detP•^1—/S-11D City Cult t nti h'::C3ttici3 Re_oi ier, McCLELLAND CONSULTING ENGINEERS INC Environmental and Materials Testing Civil, Environmental and Chemical EnS Consulting LITTLE ROCK JAMES E. McCLELLAND, P.E. FRED NIELSEN. R.L.S. December 5, 1980 Mr. Don Grimes City Manager P.O. Box F Fayetteville, Arkansas 72701 Dear Mr. Grimes: FAYETTEVILLE J.E. McCLELLAND, P.E. VERNON D. ROWE, P.E. 80-159 Fayetteville Enclosed please find five (5) copies of the revised Engineering Services Contract between the City of Fayetteville and McClelland Consulting Engineers for safety area improvements at Drake Field which has been approved by FAA, letter dated December 2, 1980. Please have Mayor Todd and Vivian Koettel sign and seal them and return three (3) copies to us. We will forward one copy to FAA as requested in their letter mentioned above. Yours truly, nny Quinn V.• Projects Cdinator JQ/paa Enclosure: Five (5) Copies of Engineering Services Contract 1810N. COLLEGE AVE. P.O. BOX 1229 1 FAYETTEVILLE, ARKANSAS TELEPHONES 15011443.4271/443.2377 t • McCLELLAND CONSULTING ENGINEEIRS INC Environmental and Materials Testing Environmental and Chemical En.ineerin. Consultin LITTLE ROCK JAMES E. MCCLELLANO, P.E. FRED NIELSEN. R.L.S. • October 20, 1980 Mr. Don Grimes City of Fayetteville P.O. Drawer F Fayetteville, Arkansas 72701 Re: Proposed Engineering Contract Airport Safety Zone $ Taxiway Lighting Dear Mr. Grimes: • • 80-159 Fayetteville FAYETTEVILLE J.E. MCCLELLAND. P.E. VERNON 0. ROWE. P.E. Attached hereto is a draft of the proposed contract as referenced above. The items which define the scope of the work as concern the safety zone earthwork are in conformance with directives offered by Mr. Keith Neilson (FAA Office, Oklahoma City) per his meeting with Mr. Wayne Jones (of our office) earlier this month. As you know, the safety zone earthwork and taxiway lighting are to be executed as an amendment to the "10" project, presently ongoing. An "approximate accounting" of the allocation of funds under this project indicates that about $165,000 of FAA money presently remain "uncommitted". Assuming that the City of Fayetteville provides the normal 20% "local share", a total of approximately $206,250 should be available for professional services and construction improvements. The available funds may be expended in the following manner, per this amendment: Taxiway Lighting Construction Safety Zone Earthwork Construction Engineering Services 1810 N. COLLEGE AVE. Total Expenditure P.O. BOX 1229 FAYETTEVILLE. ARKANSAS = $ 73,000.00 = $111,150.00 = $ 22,100.00 = $206,250.00 continued - TELEPHONES 150U443-4271/443-2372 • • • • Mr. Don Grimes October 20, 1980 City of Fayetteville Page 2 In accordance with the proposed contract, weintend to provide plans/specifications which will address the items concerning safety zone earthwork as deemed to be necessary at this time by the FAA. Unfortunately, we believe that the cost for constructing all earthwork improvements desired by FAA will exceed the $111,150.00 available for this construction work as an amendment to the "10" project. Consequently, we anticipate that FAA will want to participate in prioritizing the "affordable improvements" after bids for the work have been received and tabulated. After you, your Commissioners, and Airport Managers have reviewed the draft copy of the proposed contract, please address your comments and/or questions to the undersigned individual at your earliest convenience in order that we may expedite the execution of this amendment insofar as possible. (Atfl ohnny Quin . Projects Cg odinator JQ/paa • r AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this 7.76/,, day of,y„i3 1980, by and between CITY OF FAYETTEVILLE, ARKANSAS, hereinafter referred to as the OWNER, and McCLELLAND CONSULTING ENGINEERS, INC., Fayetteville, Arkansas, hereinafter referred to as the ENGINEER. The OWNER desires to construct improvements to the existing taxiway and runway safety area at the Fayetteville Municipal Airport, known as Drake Field, situated in the City of Fayetteville, Washington County, State of Arkansas, and the ENGINEER agrees to perform the professional engineering services required for same. This work is to be performed in conjunction with Amendment No. 2 to the Grant Agreement for Project No. 6-05-0020-10. WITNESSETH: That for and in consideration of the mutual covenants and agree- ments between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES That the ENGINEER shall furnish basic engineering services as follows: • 1. Preparing and submitting a grant agreement: amendment to the Federal Aviation Administration. • 2. Arranging and coordinating meetings with the Federal Aviation Administration to facilitate execution, review, and approval of the work. 3. Providing aerial/topographic mapping of the immediate planning area, to include: A. A photogrammetric mylar of the vicinity topography measuring 30" x 20", at a scale of 1" = 400', with 5' contour intervals,corrected for distortion. B. Cross-sections at approximately 100 -foot stations. 4. Mapping all known existing underground utilities, structures, etc., in the immediate area. 5 Designing and specifying earthwork, site drainage, and related site work required to construct an appropriate "safety area" a minimum of 200 feet either side of the runway centerline. This safety zone shall extend a minimum of 200 feet beyond each end of the runway. The safety zone design work is more particularly described as follows: A. The safety area within 200 feet of Runway 16 (at the north end) shall be crowned along the runway centerline extended to facilitate drainage. Excavation and fill in this vicinity shall be controlled to yield a -2- maximum longitudinal slope of 3%, or less. The safety area shall be flared to full width within 200 feet of the runway threshold. B. The swale within the east infield between the runway and taxiway (toward the north end) shall be filled to attain a maximum 3% transverse/ longitudinal grade, and the storm inlets shall be raised accordingly. C All western infields between the runway and the taxiway are to be graded by cutting/filling with existing material to minimize berms, observing a 3% maximum longitudinal grade. D. The safety area within 200 feet of Runway 34 (at the south end) shall be crowned along the runway centerline extended and graded to attain a uniform longitudinal slope of 3%, or less. E. The safety area along the southeast side of the runway shall be filled as necessary within 200 feet of the runway centerline to attain a trans- verse grade of 1.5 to 3.0%, while maintaining a longitudinal grade of 3%, or less. 6. Designing and specifying medium -intensity taxiway lighting in accordance with current Federal Aviation Administration Advisory circulars. -3- • • 7. Formulating construction cost estimates for all proposed developments associatedwith the work, said estimates being related to the proposed schedule of development and based upon forecasted construction costs. 8. Prior to the advertisement for bids, the ENGINEER will provide no more than ten (10) copies of detailed plans, specifications, and contract documents for approval and use by the OWNER and the Federal Aviation Administration. The cost of no more than ten (10) copies of such plans, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. Additional sets will be furnished at a cost of twenty-five dollars ($25.00) per set, in the event they are requested. 9. The ENGINEER will furnish additional copies of plans, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge for the actual cost of such copies. Original documents, tracings, and the like, except those previously owned by the ENGINEER, are and shall remain the property of the OWNER. • 10. The plans prepared by the ENGINEER under the provisions of Section A shall be in sufficient detail to permit the actual location of the proposed improvements on the ground, and shall be sufficient for the biddersto formulate intelligent bids for construction of every detail of the project. 11. The ENGINEER will commence the work within ten (10) days from execution of this contract and its approval by the Federal Aviation Administration, and will have Plans and Specifications completed, ready for advertising and receiving bids within ninety (90) calendar days therefrom. 12. The ENGINEER further agrees to obtain and maintain at the ENGINEER'S expense, such insurance as will protect him and the OWNER from claims under the Workman's Compensation Act and from all claims for bodily injury, death, or property damage which may arise from the negligent performance by the ENGINEER or by the ENGINEER'S employees, of the ENGINEER'S functions and services required under this Agreement, such insurance being that normally covered by General Liability and Public Liability/Property Damage insurance. -5- 13. The ENGINEER will attend the bid opening and tabulate the bid proposals, make an analysis of the bids, and make recommendations for awarding contracts for con- struction. 14. The ENGINEER will check and approve any necessary shop and working drawings furnished by contractors. 15. The ENGINEER will interpret the intent of the plans and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. 16. The ENGINEER will provide horizontal and vertical control for all structures in the form of bench marks or reference points to be used by the contractor in per- forming the construction. 17. The ENGINEER will provide general construction observation of the work of the contractors as construction progresses. In order to maintain control during the construction phase, the ENGINEER will perform such laboratory and/or field tests as deemed necessary. The extent of such testing will be determined by conference with the OWNER and/or representatives of the Federal Aviation Adminis- tration. 18. The ENGINEER will review and approve estimates for progress and final payments. • 19. The ENGINEER will make final review of all construction and a written certification of same to the OWNER. 20. The ENGINEER will provide the OWNER and the Federal Aviation Administration with three (3) sets and two (2) sets respectively, of "AS -BUILT" prints at no additional cost to the OWNER. 21. The ENGINEER will be available to furnish engineering service and consultations necessary to correct all unforeseen project operating difficulties for a period of one year after the date of final inspection and acceptance of the facility by the OWNER. 22. The ENGINEER will perform resident observation of all phases of construction to facilitate compliance with the intent of the plans and specifications. The perform- ance hereunder will be in addition to general obser- vation of construction described in Section A, Paragraph 17, above. • SECTION B - COMPENSATION FOR ENGINEERING SERVICES That the OWNER shall compensate the ENGINEER for engineering services based upon the following schedule: DETAILED PLANNING $ DESIGN: For all services described in Section A, Paragraphs 1 through 12, the sum of twelve -thousand, eight -hundred, ninety dollars ($ 12,890.00 ). Compensation for Paragraphs -7- • • 1 through 12 will be due and payable upon completion of the detailed plans and specifications and approval of same by the OWNER and the Federal. Aviation Administration. GENERAL F RESIDENT CONSTRUCTION OBSERVATION: For the performance of services in Section A, Paragraphs 13 through 22, except con- struction control testing in the field and laboratory, the sum of nine -thousand, two -hundred, ten dollars ($9,210.00). For field and laboratory controls of concrete and soils work during the construction phase, the following schedule will apply: Concrete compressive testing, per cylinder Proctor curve. determination Density testing $ 10.00 each 80.00 each 13.50 each It is hereby agreed that the costs for all tests which fail to meet the construction specification requirements shall be borne by the contractor, and the construction specifications will so state. Compensation for services performed under Section A, Paragraphs 13 through 22, shall be due and payable in monthly installments, based upon the monthly estimate prepared to pay the construction contractors, the final incremental amount to be payable upon completion and final acceptance of the construction work. -8- Compensation for field and laboratory construction control testing shall be due and payable on a monthly basis, after sub- mission of reports of testing performed during each month. SECTION C - ADDITIONAL ENGINEERING SERVICES The OWNER may wish to increase the engineering services herein to include those needed for additional construction work, additional surveys, legal descriptions, overtime engineering, or any services not .specifically included in the scope of this contract. In such event, it is mutually agreed that compensation for such services shall be determined by the following, hourly schedule: -9- FIELD PERSONNEL: Three-man party (Surveying) Two-man party ENGINEERING: Principal or Officer of Firm Project Engineer Engineering Aide/Inspector $46.00/hour 35.00/hour $65.00/hour 40..00/hour 30.00/hour DRAFTSMAN: Senior Draftsman $25.00/hour Junior Draftsman 17.00/hour OFFICE PERSONNEL: Secretarial/Clerical $15.00/hour SECTION D - TERMINATION In the event the ENGINEER, due to causes beyond his control, shall become unable to complete the contract provisions herein, the OWNER, after receipt of written notification from the ENGINEER, may void the contract and employ another engineer to complete the work. In such. event, all notes, calculations, drawings, specifi- cations and all other data developed and accumulated by the ENGINEER pertaining to the work hereunder shall be released to the OWNER for the OWNER'S disposition. Compensation due the ENGINEER will be determined by hourly rates established in Section B, hereunder. -10- • In the event the ENGINEER shall breach the contract hereunder, shall fail to perform the delineated tasks hereunder, or shall not perform the contract in a manner suitable to the OWNER, the OWNER may terminate this contract by written notice, effective at the time of receipt of notice by the ENGINEER. In such event, all notes, calculations, drawings, specifications and all other data developed and accumulated by the ENGINEER pertaining to the work hereunder shall be released to the OWNER for the OWNER's disposition. Compensation due the ENGINEER under any one of the circumstances stated will be determined by the unit prices established in Section C, hereunder „with the added provision that such compensation shall not exceed the arithmetic difference between the contract price hereunder and the total monies actually to be paid another engineer who has been employed to complete the work. It is expressly agreed that the basis for this contract lies in the mutual confidence existing between the OWNER and the ENGINEER. Therefore, it is the intent that this contract shall be continued and consummated by the parties hereto. The termination paragraphs herein are provided in the unlikely event such described conditions should occur. SECT.ION E REMEDIES Except as may be otherwise provided in this Agreement, or as the parties hereto may otherwise agree, all claims, counterclaims, -11- disputes and othermatters in question between OWNER and ENGINEER' arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations stated in paragraphs E.2. and E.3. below. ,This Agreement so to arbitrate and any other Agreement or consent to arbitrate entered into in accordance there- with as provided below, will be specifically enforceable under the prevailing law of any court having jurisdiction. E.1. Notice of demand for arbitration must be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event may the demand for arbitration be made after the time when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the appli- cable statute of limitations. E.2. All demands for arbitration and all answering state- ments thereto which include any monetary claim must contain a statement that the total sum or value in controversy as alleged by the party making such demand or answering statement is not -more than' $200,000 (exclusive of interest and costs). The arbitrators will not have jurisdiction, power or authority to consider, or make findings (except in denial of their own jurisdiction) concerning any claim, counterclaim, dispute or other matters in question where the amount in -12- controversy thereof is more than $200,000 (exclusive of • interest and costs). E.3. No arbitration arising out of, or relating to, this Agreement may include, by consolidation, joinder or in any o ther manner, any additional party not a party to this Agreement. E.4. By written consent signed by all parties to this Agreement and containing a specific reference hereto, the limitations and restrictions contained in paragraphs E.2 and E.3 may be waived in whole or in part as to any claim, counterclaim, dispute or other matter specifically described in such consent. No consent to arbitration in respect t o a specifically described claim, counterclaim, dispute or o ther matter in question will constitute consent to arbitrate any other claim, counterclaim, dispute or other matter in question which is not specifically described in such consent o r in which the sum or value in controversy exceeds $200,000 (exclusive of interest and costs) or which is with any party not specifically described therein. E.S. The award rendered by the arbitrators will be final, not subject to appeal and judgment may be entered upon. it .in any court having jurisdiction thereof. -13- SECTION F - ACCESS TO RECORDS It is further agreed that the OWNER, the Federal Aviation Administration, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access any books, documents, papers and records of the ENGINEER which are directly pertinent to the work hereunder, for the purpose of making audit, examination, excerpts and/or transcriptions. Records under this Section shall be maintained and made available during perfor- mance on FAA grant work under this Agreement and until three years from date of final FAA grant payment for the PROJECT. In addition, those records which relate to any "Dispute" appeal under an FAA grant agreement, or litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit excep- tion has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. SECTION G - EQUAL OPPORTUNITY In accordance with Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375., and as supplemented in Department of Labor Regulations, the ENGINEER agrees that he will not discriminate against any employee or applicant for employment because of race, religion, age, color, sex, or national origin. SECTION H - ACKNOWLEDGEMENTS In executing this contract the ENGINEER acknowledges that he - 14- has visited the site of the work, that he is familiar with conditions and characteristics of the site, and that he fully understands the nature, extent and character of the project and the time limitations placed thereupon. He further states that he has discussed the proposed work with the representative of the OWNER. The ENGINEER hereby states that he has and will comply with the, requirements specified in Title IV of the Civil Rights Act of 1964 and in CFR Part 7. The ENGINEER hereby states that he has performed planning and design engineering on previous airport projects, as well as other projects of a similar nature, that through his laboratory facilities, he has previously performed pertinent work on other airport projects, as well as other projects of a similar nature, and that he has the staff and capabilities to perform the work described herein, in a professional and timely manner. The ENGINEER furtheracknowledges that he is not to perform any work hereunder until the OWNER has executed the Grant Offer from the Federal Aviation Administration. This Agreement shall insure to the benefits of and be binding upon legal representatives and successors of the parties respec- tively and shall become effective upon execution. -15- IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this AGREEMENT in duplicate on the date heretofore stated. RITE -ST -4y U7,LJ 7120/. -e ''4yr T>ype Ngme Vivian Koettel "-Tit1:e� City Clerk ATTEST: 2 G • • C Name Maurice A. McClelland Title Sec'y - et • Treas. -16- OWNER: CITY 0A TTEV By Type N • Title Mayor ENGINEER: Byz CLELL/%i'/SULT ENGINEERS, INC. yP Name J.E. McClelland Title President