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HomeMy WebLinkAbout14-82 RESOLUTIONAGREEMENT FOR ENGINEERING SERVICES . THIS AGREEMENT, made this /b day ofd , 1982, by and between CIT:' OF FAYETTEVILLE, ARKANSAS, h einafter referred to as the OWNER, and MCCLELLAND CONSULTING ENGINEERS, INC., Fayetteville, Arkansas, hereinafter referred to as the ENGINEER. The OWNER desires to construct an aircraft parking apron, connecting taxiway, and automobile access road 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 the Federal Aviation Administration Grant Agreement for Project No. 6-05-0020-11 and Grant Amendment No. 3 for Project No. 6-05-0020-10. WITNESSETH: That for and in consideration of the mutual covenants and agreements between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES That the ENGINEER shall furnish basic engineering services as follows: 1. Arranging and coordinating meetings with the Federal Aviation Administration to facilitate execution, review, and approval of the work. - 2. Providing aerial/topographic mapping of the immediate planning area, to include: A. An orthographic map of the vicinity topography, at a scale of 1" = 50', with 1' contour intervals, corrected for distortion. B. Cross-sections at approximately 50 -foot stations. 3. Mapping all known existing underground utilities, structures, etc., in the immediate area. 4. Designing and specifying earthwork, paving, site drainage, and related site work required to construct the following improvements: A. An aircraft parking apron approximately 20,600 square yards in area; B. A taxiway 40 feet wide by approximately 1250 feet long. 4' r. • 5. Formulating construction cost estimates for all proposed developments associated with the work, said estimates being related to the proposed schedule of development and based upon forecasted construction costs. The ENGINEER has no control over prices of labor, equipment and supplies, or of the Contractor's method of determining prices, and therefore does not guarantee any cost estimate provided to the OWNER. Said estimates will be based upon experience, judgment and latest prices bid for similar work. 6. Prior to the advertisement for bids, the ENGINEER will provide no more than seven. (7) 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 seven (7) 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 the cost of reproduction, in the event they are requested. 7. 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. 8. 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 bidders to formulate intelligent bids for construction of every detail of the project. 9. 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 seventy (70) calendar days therefrom. It is mutually understood that this completion period is based on obtaining OWNER and Federal Aviation Administration approval of the siting of the proposed improvements within fourteen (14) days following commencement of the work. It is therefore agreed that in the event that circumstances beyond the control of the ENGINEER result in the delay of siting approval, this completion period will be extended by the length of such delay. 10. 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. 2 11. 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 construction. 12. The ENGINEER will check and approve any necessary shop and working drawings furnished by contractors. 13. 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. 14. The ENGINEER will provide horizontal and vertical control in the form of bench marks or reference points to be used by the contractor in performing the construction. 15. The ENGINEER will review and approve estimates for progress and final payments. 16. The ENGINEER will make final review of all construction and a written certification of same to the OWNER. 17. 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. 18. 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. 19. The ENGINEER will perform construction observation on a periodic basis as dictated by major construction events or at the request of the OWNER or by the Contractor. The performance hereunder and the compensation set forth in Section B, Paragraph 1. C. is based on the construction period not exceeding one hundred twenty (120) calendar days. In the event that the construction phase of the project exceeds this stated period, the ENGINEER shall be clue 'extra compensation from the OWNER based on actual man-hours expended and the hourly rates set forth in Section C. 20. The ENGINEER will perform soils investigations as deemed necessary for proper detailed design. 21. 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 Administration. 3 SECTION B - COMPENSATION FOR ENGINEERING SERVICES That the OWNER shall compensate the ENGINEER for engineering services based upon the following schedule: 1. DETAILED PLANNING AND DESIGN AND CONSTRUCTION OBSERVATION: For the performance of services in Section A, Paragraphs 1 through 19, the sum of twenty-nine thousand, five hundred dollars ($29,500). Compensation for services performed under Section A, Paragraphs 1 through 19 shall be according to the following schedule: A. The sum of eighteen thousand, nine hundred eighty-two dollars ($18,982) shall be due and payable upon completion of the detailed plans and specifications and approval of same by the OWNER and the Federal Aviation Administration. 13. The sum of two thousand, three hundred dollars ($2,300) shall be due and payable upon issuance by the OWNER of the Notice to Proceed on the construction contract. C. The sum of eight thousand, two hundred eighteen dollars ($8,218) shall be due and payable in monthly installments, based upon the monthly estimates prepared to pay the construction contractors, the final incremental amount to be payable upon completion and final acceptance of the construction work. The portions of the total compensation for Detailed Planning and Design and Construction Observation to be attributed to the two applicable ADAP projects shall be as follows: ADAP-10 (Site Preparation for Taxiway) ADAP-11 (All Other Work) $ 1,850 $27,650 TOTAL $29,500 2. SOILS INVESTIGATIONS: For the performance of services in Section A, Paragraph 20, the following schedule will apply: 4 • Mehl lization Soil Borings Atterberg Limits Unconfined Compression Test Moisture Content Unit Weight Gradation, Dry Sieve Gradation, \Vet Sieve California Bearing Ratio Letter Summary of Data $400.00 lump sum $ 9.75/linear foot S 35.00 each- $ 35.00 each $ 5.00 each $ 5.00 each $ 5.00/sieve $ 15.00/sieve $250.00 each $325.00 lump sum The estimated maximum fee for the services in Section A, Paragraph 20 is two thousand, eight hundred fifty dollars ($2,850), and it is agreed that this fee will not be exceeded without the prior written approval of the OWNER. Compensation for the services in Section A, Paragraph 20, shall be due and payable upon completion of the Letter Summary of Data and approval of same by the OWNER. The portions of the total estimated compensation for Soils Investigations to be attributed to the two applicable ADAP projects shall be as follows: ADAP-10 (Site Preparation for Taxiways) ADAP-11 (All Other Work) TOTAL $ 0 $2,850 $2,850 3. CONSTRUCTION MATERIALS TESTING: For the performance of services in Section A, Paragraph 21, the following schedule will apply: Concrete Compressive Testing, per cylinder Air Entrainment Test Proctor Curve, Modified Proctor Curve, Standard Density Testing, In Place Gradation, Dry Sieve Gradation, Wet Sieve Asphalt Tests, including: 3 - Marshall Speciman 3 - Unit Weight 3 - Stability 1 - Asphalt Content 1 Gradation Concrete Beam Testing 5 $ 10.00 each $ 5.00 each $ 90.00 each $ 70.00 each $ 13.50 each $ 5.00/sieve $ 15.00/sieve $250.00/sample (total) $ 17.00/beam The estimated maximum fee for the construction materials testing is three thousand nine hundred fifty dollars ($3,950) and it is agreed that this fee will riot be exceeded without the prior written approval of the OWNER. It is also 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 the construction materials testing work shall be due and payable on a monthly basis, after submission of reports of testing performed during each month. The portions of the total estimated compensation for Construction Materials Testing to be attributed to the two applicable ADAP projects shall be as follows: ADAP-10 (Site Preparation for Taxiway) $ 300 ADAP-11 (All Other Work) $3,650 TOTAL $3,950 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, work re -done, not as a result of the ENGINEER'S omissions or commissions, or any services not specifically included in the scope of this contract. Ir, such event, it is mutually agreed that compensation for such services shall be determined by the following hourly schedule: 6 • • • ENGINEERING Principal Engineer Project Coordinator Project Engineer Assistant Project Engineer Resident Engineer/Inspector FIELD PERSONNEL Three-man party (Surveying) Two-man party DRAFTSMAN Senior Draftsman Junior Draftsman OFFICE PERSONNEL $70.00/hour $50.00/hour 540.00/hour $30.00/hour $37.50/hour $46.00/hour $35.00/hour $28.00/hour $20.00/hour Secretarial/Clerical $18.00/hour SECTION D - OWNER'S REPRESENTATIVE The OWNER agrees to designate one person to act as his representative during this project and to be responsible for coordinating the work with the ENGINEER. SECTION E - 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 to 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 performance 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 exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7 • SECTION F - 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 G - 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, 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 will be determined by hourly rates established in Section C, hereunder. 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. SECTION H - ACKNOWLEDGEMENTS In executing this contract the ENGINEER acknowledges that he has visited the site of the work, that he is familiar with the 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. 8 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. This Agreement shall inure to the benefits of and be binding upon legal representatives and successors of the parties respectively and shall become effective upon execution. IN_WITNESS WHEREOF, the parties hereto have executed, or caused to be execute by4their duly authorized officials, this AGREEMENT in duplicate on the date heretoforekstated. 4' fir` fre.d ;0117 SEAL) ATTEST: By Type Name Sherry Rowe Title - City Clerk (SEAL) L OWNER: CITY OF FAYETTELLE op By Type Name Title • Paul R. Noland Mayor ENGINEER: McCLELLAND CONSULTING ENGINEERS.' INC. By Type Name Vernon D. Rowe Type Name John C.Quinn Title Acting Sec'y - Treas. Title Vice President APPENDIX A TO AGREEMENT FOR ENGINEERING SERVICES Airport Development Aid Project Numbers 6-05-0020-11 State of Arkansas CERTIFICATION OF ENGINEER I hereby certify that I am the Vice President and duly authorized representative of the firm of McClelland Consulting Engineers, Inc. , whose address is 1810 North CollegeAvenue, Fayetteville, Arkansas, and that neither I nor the above firm I hereby represent has: a. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract, b. agreed, as an express or implied condition for obtaining this contract, to employ or retain the service of any firm or person in connection with carrying out the contract, or c. paid or agreed to pay any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States Department of Transportation, in connection with this contract involving participation of Airport Development Aid Program (ADAP) funds and is subject to applicable state and federal laws, both criminal and civil. FEB. /0 , 1982 U0 Vernon D. Rowe, P.E. • RESOLUTION'"NO: /1/42tv A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS, INC. FOR THE DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR AIRPORT PARKING AND TAXI -WAY IMPROVEMENTS AT DRAKE FIELD. • BE IT RESOLVED BY THE BOARD OF,DIRECTORS,OF THE CITYTOF FAYETTEVILLE, ARKANSAS:' That the Mayor and City Clerk are hereby authorized and directed to execute a contract with McClelland Consulting • Engineers, Inc. for the development of plans and specifications' for airport parking and taxi -way improvements at Drake Field. A copy of the contract authorized for execution hereby is attached hereto, marked Exhibit "A", and made a party hereof. PASSED AND APPROVED this /5 day of . t„j,®_ 1982. •. Kmsi ",s ow.. ATTEST: r CITY CLE V w� APPROVED: MA OR