HomeMy WebLinkAbout105-83 RESOLUTIONRESOLUTION'NO a 105-83
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENTS TO THE CITY'S CONTRACTS WITH
McCLELLAND CONSULTING ENGINEERS, INC. FOR ENGINEERING
SERVICES AT_DRAKE FIELD.
BE IT°'RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE,.ARKANSAS. •
That the. Mayor and City Clerkare hereby authorized and
directed to execute amendmentssto the City's contracts
with McClelland Consulting Engineers, Inc. for engineering
services at Drake Field. A copy of the amendment"authorized
for execution hereby is attached hereto, marked Exhibit "A"
(1 - 4) and made a part hereof.
PASSED AND APPROVED this 6th
1983.
day of September
APPROVED:
(73;CLel
AMENDMENT NO, 1
TO
AGREEMENT FOR ENGINEERING SERVICES
The AGREEMENT, made the 21st day of June, 1983, by and
between the CITY OF FAYETTEVILLE, ARKANSAS and McCLELLAND
CONSULTING ENGINEERS, INC., Fayetteville, Arkansas, is amended as
follows:
WHEREAS, the Federal Aviation Administration (FAA) is the
primary funding source for referenced AIP 3-05-0020-04, and
requires that a formal Preliminary Engineering Report be
submitted in strict conformance with the AC 150/5100-14, and
WHEREAS, the AGREEMENT FOR ENGINEERING SERVICES referenced
hereinbefore does not address the formulation, assemblage, nor
duplication of a formal Preliminary Engineering Report,
WITNESSETH that the additional stipulations are hereby agreed:
In accordance with Section C, of the original contract, the
Owner directs the Engineer to formulate a Preliminary Engineering
Report submitting two (2) copies each to the FAA and to the
OWNER.
As compensation the Engineer shall receive an additional
one -thousand, one-hundred,fifty dollars ($1,150), bringing the
Preliminary and Detailed Planning, Design and Construction
Observation Fee to Forty-one thousand, one -hundred, fifty dollars
($41,150).
The time of performance by the Engineer shall remain as set
forth in the original AGREEMENT. -
(SEAL)
ATTEST:
BySi-
Type Name ary E. Griffin
Title City Clerk
Date September 7, 1983
(SEAL)
OWNER:
CITYAYE T$WIALE
By •
Type Name Paul R. Noland
Title Mayor
Date September 7, 1983
OWNER:
ATTEST: McCLELLAND CONSUJaTING ENGINEER,
INC.
By ZytLlte GL Pl
Type Name Maurice A. McClelland
Title Secy-Treas.
Date
By
Date
me J. E. McClelland
President
9F:
AMENDMENT NO. 4
TO
AGREEMENT FOR ENGINEERING SERVICES
The AGREEMENT, made this 3rd day of .November, 1982, by and
between the CITY OF FAYETTEVILLE, ARKANSAS and McCLELLAND
CONSULTING ENGINEERS, INC., Fayetteville, Arkansas, is amended as
follows:
WHEREAS, the City of Fayetteville desires that the scope of
work be increased to incorporate design and construction
observation services for grading, base, paving and surfacing
improvements for a service drive to serve the proposed FAA ATCT
Site, and
WHEREAS, the City of Fayetteville is the primary funding
source for non -participating items of referenced Project No.
3-05-0020-03, and requires that a formal contract amendment be
executed for said additional servicesconsidered as non -eligible
for FAA funding,
WITNESSETH that the additional stipulations are hereby agreed:
In accordance with Section C, paragraph 2 of the original
contract, the Owner directs the Engineer to revise the Plans and
Specifications to reflect the need for additional construction
work, since the Owner is required to provide a paved service
drive to the proposed FAA facility.
In accordance with the provisions of the Basic Agreement,
the Engineer agrees to provide related additional engineering
services for the following additional fees:
1. Detailed planning and design - $1,100.00 Lump Sum
2. Construction Observation
- $ 600.00 Lump Sum
Additional construction materials testing is estimated to cost
$350.00.
(SEAL)
ATTEST:
By
Type Name Maryiffin
Title
(SEAL)
ATTEST:
City Clerk
9/7/83
OWNER:
CIByTY�AE%
Type Name
Paul R. Noland •
Title Mayor
9/7/83
OWNER:
McCLELLAND CONJSULTING ENGINEER,
INC.
By6/y c c� L ✓ h �C&ldeiJ By4
Type Name Maurice A. McClelland Typ Name J. E. McClelland
Title Sec'y-Treas. T'tle President
AMENDMENT NO. 1
TO
AGREEMENT FOR ENGINEERING SERVICES
The AGREEMENT, made this 18th day of January, 1982, by and
between the CITY OF FAYETTEVILLE, ARKANSAS and McCLELLAND
CONSULTING ENGINEERS, INC., Fayetteville, Arkansas, is amended as
follows:
WHEREAS, the City of Fayetteville desires that the scope of
work be increased to incorporate design and construction
observation services for water and sewer lines to serve the
proposed T -Hangers on the east side apron and
WHEREAS, the City of Fayetteville is the primary funding
source for non -participating items of referenced Project• No.
6-05-0020-11, and requires that a formal contract amendment be
executed for said additional services considered as non -eligible
for FAA funding,'
WITNESSETH that the additional stipulations are hereby agreed:
In accordance with Section C, of the original contract, the
Owner directs the Engineer to revise the Plans and Specifications
to reflect the need for additional construction work, since the
Owner has decided to proceed with these improvements to serve the
proposed T -Hangar.
In accordance with the provisions of the Basic Agreement,
the Engineer agrees to provide related additional engineering
services for the following additional fees:
1. Detailed planning and design - $ 400.00 Lump Sum
2. Construction Observation - $ 200.00 Lump Sum
Additional construction materials testing is estimated to cost
$150.00.
(SEAL)
ATTEST.
By
1
Type Name
Title
(SEAL)
ATTEST:
Mary Griffin
City Clerk
9/7/83
OWNER:
CITY/TE LE
By
Type Name
Title
OWNER:
Paul R. Noland
Mayor
9/7/83
McCLELLAND CONSULTING ENGINEER,
INC.
BY7411L424.crz /LZ1co-CXc,valgY
.4zo
Type Name Maurice A. McClelland T pe lame J. E. McClelland
Title Secy-Treas.
e President
AMENDMENT NO. 5
TO
AGREEMENT FOR ENGINEERING SERVICES
The AGREEMENT, made this 3rd day of November, 1982, by and
between the CITY OF FAYETTEVILLE, ARKANSAS and McCLELLAND
CONSULTING ENGINEERS, INC., Fayetteville, Arkansas, is amended as
follows:
WHEREAS, the Federal Aviation Administration (FAA) is the
primary funding source for referenced AIP 3-05-0020-03,. and
requires that a formal Engineering Report be submitted in strict
conformance with the AC 150/5100-14, and
WHEREAS, the AGREEMENT FOR ENGINEERING SERVICES referenced
hereinbefore does not address the formulation, assemblage, nor
duplication of a formal Engineering Report,
WITNESSETH that the additional stipulations are hereby agreed:
In accordance with Section C, of the original contract, the
Owner directs the Engineer to formulate an Engineering Report
submitting two (2) copies each to the FAA and to the OWNER.
As compensation the Engineer shall receive an additional
nine -hundred dollars ($900.00), bringing the Detailed Planning
and Design and Construction Observation Fee to Twenty-nine
thousand, eighty eight dollars ($29,088).
The time of performance by the Engineer shall remain as set
forth in the original AGREEMENT.
(SEAL) OWNER:
ATTEST: CITY FAYETT
BY WIOAAA g 4 / ,
By /lJ.1
Type Name y Griffin Type Nene
Title City Clerk
(SEAL)
ATTEST:
By
9/7/83
Paul R. Noland
Title Mayor
9/7/83
OWNER:
McCLELLAND CON ULTING
INC.
L
I0/Y4tfrZi . ,4)7 76iccf BY
Type Name Maurice A. McClelland
Title Sec'y-Treas.
itle
•
ENGINEER,
ame J. E. McClelland
President
TE OF ARKANSAS
E
TY OF FAYETTEVILLE
CONTRACT
)
)
AM 3-os-ooDo--
THIS AGREEMENT, made and entered into this' 9th day of September ,
483 by and between the City of Fayetteville, Party of the First Part,
ireinafter called the OWNER and APAC Arkansas Inc., McClinton -Anchor Co.
ision Party of the Second Part, hereinafter called the CONTRACTOR.
TNESSETH THAT:
WHEREAS, the OWNER has called for bids for the construction of Airport
rovements as set out in the Specifications and Plans No. 82-118 and •
WHEREAS, the CONTRACTOR is the lowest and best bidder for the
struction of said improvements hereinafter set out, pursuant to the
lashed calls for bids under said Plans and Specifications.
- NOW THEREFORE, the CONTRACTOR agrees with the Owner to commence and
lete the construction of site preparation for Access Road, including site
icavation, embankment, borrow, drainage pipe, box culvert, base, surfacing,
ing, and other tasks as designated in the project Plans and Specifications
rthe prices bid in the Proposal, based upon the estimated quantities, the
til. being Two Hundred Seventy Thousand One Hundred Fifty One and 95/100
Bars ($ 270,151.95) to include bid items 1 through 24, 28 through 31, A-4,
'5, A-6, and one each of A-7, also reduced quantities of items 10 and 12 for
crushed stone and 21" of Bituminous Base, such sum being the agreed amount
n which bonds and liabilities are based, and at his own cost and expense
irnish all matals, supplies, labor, machinery, equipment, tools,
ervision, bonds, insurance, taxes, permits, and other accessories and
Brvices necessary to complete the said construction in accordance with the
-conditions and prices stated in the Proposal attached hereto and made a part
'.t+reof, and in accordance with the General Provisions and Specifications, and
`In°accordance with the Plans,_which include all maps, plats, blueprints, and
ether drawings, and written or printed explanatory matter hereof.
The CONTRACTOR agrees to fully complete all work under this Contract
rithin 90 calendar days The OWNER agrees to pay the CONTRACTOR in current
unds for the performance of the Contract in accordance with the accepted
"roposal therefore, subject to additions and deductions, as provided in the
?ecifications, and to make payment on account thereof as provided below:
•
As soon as is practicable after the first of each calendar month, the
OWNER will make partial payments to the CONTRACTOR for work performed during
the preceding calendar month, based upon the Engineer's estimate of work
completed, said estimate being certified by the CONTRACTOR and accepted by the
OWNER. Except as otherwise provided by law, ten percent (10%) of each
approved estimate shall be retained by the OWNER until 50 percent project
completion at which time no additional retainage will be retained without
reasonable justification by the OWNER or his representative. Upon final
completion and acceptance by the OWNER and ENGINEER, the ENGINEER shall then
issue a Final. Estimate of work done based upon the original contract and
subsequent changes made and agreed upon, if any.
Time is hereby expressly declared to be of the essence of this contract,
and the time of beginning, manner of progress and time of completion of the
work hereunder, shall be and are essential conditions hereof.
The CONTRACTOR agrees to commence the work within ten (10) calendar days
from the date of the issuance of the Notice to Proceed, and to proceed with
the construction of the work and to prosecute the work with an adequate force
and in a manner so as to complete the work within the time stipulated herein.
If the Contractor fails to complete the contract within the time stipulated
herein, the CONTRACTOR agrees to pay the OWNER, as liquidated damages, the sum
of two hundred dollars ($200.00) per day for each calendar day of delay in
completion, said amounts being fixed and agreed upon by and between the
parties hereto. Because of the impracticability and extreme difficulty in
fixing and ascertaining the actual damages the OWNER would in such event
sustain, said amounts are to be presumed by the parties to this contract to be
the amounts of damage the OWNER would sustain. Said amounts of liquidated
:amages shall be deductible from any amount due the CONTRACTOR under Final
Estimate of said work, after the completion thereof, and CONTRACTOR shall be
.:ntitled only to the Final Estimate, less such amounts of liquidated damages.
If the CONTRACTOR is delayed at any time in the progress of the work by
icy act or neglect of the OWNER or' of his employees, or by any other
:ONTRACTOR employed by the OWNER, or by changes ordered in the work, or by
.trikes, lockouts, fire, unusual delay in transportation, unavoidable
asualties or any causes beyond the CONTRACTOR's control, or by delay
authorized by the Engineer pending arbitration, or by any cause which the
:ngineer shall decide to justify the delay, then the time of completion may be
'tended for such reasonable time as the Engineer may decide.
No such extension shall be made for delay occurring more than seven (7)
_ys before a claim therefore is made in writing to the Engineer. In the case
a continuing cause of delay, only one claim is necessary.
In the event the CONTRACTOR abandons the work
�lects or refuses to continue the work after ten (10)
siren the CONTRACTOR by the OWNER or by the ENGINEER,
'rre the option of declaring this contract at an end,
`•'+ER shall not be liable to the CONTRACTOR for any work
hereunder or fails,
days written notice,
then the OWNER shall
in which event, the
theretofore performed
Contract - 2
•
• . •
•
•
•
hereunder; or requiring the surety hereto, upon ten (10) days notice, to
Complete and carry out the contract of the CONTRACTOR, and in that event,
should the surety fail, neglect or refuse to carry out said contract, said
OWNER may complete the contract at its own expense, and maintain an action
Against the CONTRACTOR and the surety hereto for the actual cost of same;
.together with any damages or other expense sustained or incurred by the OWNER
to completing this contract less the total amount provided for hereunder to be
paid the CONTRACTOR, upon the completion of this Contract.
This Contract shall be binding upon the heirs, representatives,
successors, or assigns of the parties hereto, including the surety.
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto set their hands
and seals respectively.
,WITNESSES:
ATTEST:
Lam..
Mary'E. driffin(City C
•
APAC Arkansas Inc.
FIRM NAME: McClinton -Anchor
� Division
BY: f�
� M t�7`� ?U�r stvr
(T
ayetteville
le k s
Paul Nolad Ma.Y or)
ear = TM NitcP.LciLANP
Contract - 3
APAC•Arkansas, Inc. • McClinton -Anchor Division • 240 North Block Street • P.O. Box 1367
Fayetteville, Arkansas 72701 • (501) 521-3550
CHANGE ORDER
CITY OF FAYETTEVILLE, ARKANSAS
BID NO. 536
TYPE 4 .SURFACE AND PATCHING
AT DRAKE FIELD
SEPTEMBER 7th, 1983
MCCLINTON:ANCHOR COMPANY SUBMITS THE FOLLOWING PRICES FOR ADDITIONAL
WORK AT DRAKE FIELD:
1) TYPE 4 SURFACING 42 TONS @ $33.50
2) PHILLIPS PETROMAT 67 S.Y, @ 1.25 ............ . $1,407,00
TOTAL AMOUNT FOR CHANGE ORDER NO. ONE 33.75
ACCEPTANCE
CITY OF FAYETTEVILLE, ARKANSAS
DON GRIMES,
CITY MANAGER
RL/ j h
$1,490.75
MCCLINTON-ANCHOR COMPANY
DIVISION OF APAC-ARKANSAS, INC.
R EN LINER JR.
VICE-PRESIDENT
G