HomeMy WebLinkAbout139-84 RESOLUTION•
RESOLUTION ND. 139-84
f.
SCANNED
A RESOLUTION AUTHORIZING THE MAYOR AND CITY C'T,FRK
TO EXECUTE AN ENGINEERING CONTRACT WITH MCCT,FLLAND
CONSULTING ENGINEERS, INC., FOR THE DESIGN OF
A TAXIWAY EXTENSION AND LIGHTING IMPROVEMENTS
FOR A FEE NOT TO EXCEED $27,500 AND THE CONDUCTING
OF AN AIRPORT OBSTRUCTION STUDY AT DRAKE FIELD
FOR A FEE NOT TO EXCEED $32,000.
BE IT RESOLVED BY THE BDARD OF DIRECPORS OF THE QTY OF FAYEITEVILLE,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute an engineering contract with McClelland Consulting Engineers,
Inc., for the design of a taxiway extension and lighting improvements
for a fee not to exceed $27,500 and the conducting of an airport obstruc-
tion study at Drake Field for a fee not to exceed $32,000. Copies
of the contracts authorized for execution hereby are attached hereto
marked Exhibits "A" and "B" and made a part hereof.
PASSED AND APPROVED this 4th day of December , 1985.
APPROVED
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McCLELLAND CONSULTING ENGINEERS INC.
Environmental and Materials Testing
Civil, Environmental and Chemical Engineering Consulting
LITTLE ROCK FAYETTEVILLE
JAMES E. McCLELLAND, P.E.
FRED NIELSEN, R.L.S.
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SC January 16, 1984 FY842185
Mr. Sturman Mackey
Director of Purchasing
City of Fayetteville
P.O. Drawer F
Fayetteville, Arkansas 72702-F
Dear Mr. Mackey:
J.E. McCLELLAND, P.E.
VERNON D. ROWE, P.E.
We agree to render professional engineering services in connection with
an Airport Obstruction Study for Drake Field Municipal Airport per the
alternative Work Plan of our Proposal dated November 7, 1984, appended
hereto as Exhibit A (hereinafter called the "Project"). You are to furnish
us with full information as to your requirements including any special or
extraordinary considerations for the Project or special services needed.
Our services will consist of preparing applications for funding, a Study
and Report and cost estimate, all as set forth in the printed General
Provisions as amended and supplemented in Exhibit A thereto, both of which
are attached to this letter, and such additional services as you may
request.
Contingent upon receiving funding for this project you are to pay for our
services a lump sum fee of $32,000 for all tasks. Until funding becomes
available, no fee will be billed for our services.
Additional or noncustomary services, if requested by the City, will be
charged on the basis of Direct Labor Costs times a factor of 2.7. or, if
preferred, can be billed according to additional lump sum amounts agreed
upon after the scope of additional services has been determined. We will
bill you for our services in accordance with Exhibit B. The above
financial arrangements are on the basis of prompt payment and the orderly
and continuous progress of the Project.
1810 N. COLLEGE AVE. P.O. BO%1779
EXHIBIT B
FAYETTEVILLE, ARKANSAS 72702.1779 TELEPHONES MON 443-6271/1612377
Mr. Sturman Mackey January 16, 1984
City of Fayetteville Page 2
We expect to start the funding application phase of our services promptly
after receipt of your acceptance of this Agreement and to complete our
services within 129 calendar days from the date of notification of FAA
funding approval.
If there are protracted delays for reasons beyond our control (such as
failure to obtain FAA funding) and if these delays exceed 365 calendar
days, we would expect to renegotiate with you the basis for our
compensation to take into consideration changes in price indices and pay
scales applicable to the period when services are in fact being rendered.
Services are to be rendered in the customary phases which, together with
the general understandings applicable to our relationship with you, are set
forth in the printed General Provisions and Exhibits A, B, and C thereto
which are attached to and made a part of this agreement. Your particular
responsibilities are also set forth in the General Provisions.
This agreement, the General Provisions consisting of 6 pages, Exhibit A
thereto which consists of 5 pages, Exhibit B thereto which consists of 1
page, and Exhibit C thereto which consists of 1 page, represent the entire
understanding between you and us in respect of the Project and may only be
modified in writing signed by both of us. If it satisfactorily sets forth
your understanding of the arrangement between us, we would appreciate your
having the enclosed copies of this letter signed in the spaces provided
and returning one copy to us.
Very truly yours,
McCLELLAND CONSULTING ENGINEERS, INC.
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C. suinn
Branch Manager
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Mr. Sturman Mackey January 16, 1984
Page 3
City of Fayetteville
WITNESSED:
Vernon D. Rowe
Vice President
Accepted this /SF day of1rn�i , 198
CITY OF FAYETTEVILLE44g1/
Paul'<Nol a
'' Mayor C.`
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_ WITNESSED:•,,
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GENERAL PROVISIONS
Attached to and made a part of LETTER AGREEMENT dated January 15, 1985,
between the City of Fayetteville (Owner) and McClelland Consulting
Engineers, Inc. (Engineer) in respect of the project (Project) described
therein.
1.1 General
1.1.1. ENGINEER shall perform professional services as hereinafter stated
which include customary civil, structural, and electrical engineering
services incidental thereto.
1.2 Preliminary Engineering Report Phase
After written authorization to proceed, ENGINEER shall:
1.2.1. Consult with OWNER to clarify and define OWNER's requirements for
the project and review available data.
1.2.2. Advise OWNER as to the necessity of OWNER's providing or obtaining
from others data or services of the types described in paragraph 3.3, and
act as OWNER's representative in connection with any such services.
1.2.3. Provide analyses of OWNER's needs, planning surveys, site
evaluations and comparative studies of prospective sites and solutions.
1.2.4. Provide a general economic analysis of OWNER's requirements
applicable to various alternatives.
1.2.5. Prepare a Report containing conceptual design criteria with
appropriate exhibits to indicate clearly the considerations involved and
the alternative solutions available to OWNER and setting forth ENGINEER's
findings and recommendations with opinions of probable costs for the
Project, including Construction Cost, contingencies, and allowances for
charges of all professionals and consultants.
1.2.6. Furnish five copies of the Report to the OWNER and two copies of
the Report to FAA. The duties and responsibilities of ENGINEER are amended
and supplemented as indicated in Exhibit A "Further Description of Basic
Engineering Services and Related Matters".
1.3 Preliminary Design Phase
After authorization to proceed with the Preliminary Design Phase, ENGINEER
shall:
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1.3.1. In consultation with OWNER and on the basis of the accepted Report,
determine the extent of the Project.
1.3.2. Prepare preliminary design documents consisting of final design
criteria, preliminary drawings and outline specifications.
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1.3.3. lased on the information contained ,in the preliminary design
documents, submit a revised opinion of probable Project Cost.
1.3.4. Furnish five copies of the above preliminary design documents and
present them to the OWNER. The duties and responsibilities of ENGINEER are
amended and supplemented as indicated in Exhibit A "Further Description of
Basic Engineering Services and Related Matters".
1.4 Final Design Phase
After authorization to proceed with the Final Design Phase, ENGINEER shall:
1.4.1. On the basis of the accepted preliminary design documents and the
revised opinion of probable Project Cost, prepare for incorporation of the
Contract Documents final drawings to show the character and extent of the
Project (hereinafter called "Drawings") and Specifications.
1.4.2. Furnish to OWNER such documents and design data as may be required
for, and assist in the preparation of, the required documents so that OWNER
may apply for approvals of such governmental authorities as have
jurisdiction over design criteria applicable to the Project, and assist in
obtaining such approvals by participating in submissions to and
negotiations with appropriate authorities.
1.4.3. Advise OWNER of any adjustments to the latest opinion of probable
Project Cost caused by changes in extent or design requirements of the
Project or Construction Costs and furnish a revised opinion of probable
Project Cost based on the Drawings and Specifications.
1.4.4. Prepare for review and approval by OWNER, his legal counsel and
other advisors contract agreement forms, general conditions and
supplementary conditions, and where appropriate) bid forms, invitations to
bid and instructions to bidders, and assist in the preparation of other
related documents.
1.4.5. Furnish five copies of the above documents to the OWNER and two
copies to FAA. The duties and responsibilities of ENGINEER are amended and
supplemented as indicated in Exhibit A "Further Description of Basic
Engineering Services and Related Matters".
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1.5 Bidding or Negotiating Phase
After written authorization to proceed with the Bidding or Negotiating
Phase, ENGINEER shall
1.5.1. Assist OWNER in obtaining bids for each separate prime contract for
construction, materials, equipment and services.
1.5.2. Consult with and advise OWNER as to the acceptability of
subcontractors and other persons and organizations proposed by the prime
contractor(s) (hereinafter called "Contractor(s)") for those portions of
the work as to which such acceptability is required by the bidding
documents.
1.5.3. Consult with and advise OWNER as to the acceptability of substitute
materials and equipment proposed by Contractor(s) when substitution prior
to the award of contracts is allowed by the bidding documents.
1.5.4. Assist OWNER in evaluating bids or proposals and in assembling and
awarding contracts. The duties and responsibilities of ENGINEER are
amended and supplemented as indicated in Exhibit A "Further Description of
Basic Engineering Services and Related Matters".
1.6 Construction Phase
During the Construction Phase ENGINEER shall:
1.6.1. Consult with and advise OWNER and act as his representative. The
extent and limitations of the duties, responsibilities and authority of
ENGINEER shall be modified to the extent. provided in Exhibit A "Further
Description of Basic Engineering+Services 'and Related Matters" and as
ENGINEER may otherwise agree in writing. All of OWNER's instructions to
Contractor(s) will be issued through ENGINEER who will have authority to
act on behalf of OWNER to the extent provided herein and as otherwise
provided in writing.
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1.6.2. Make visits to the site at intervals appropriate to the various
stages of construction to observe as an experienced and qualified design
professional the progress and quality of the executed work of Contractor(s)
and to determine in general if such work is proceeding in accordance with
the Contract Documents. ENGINEER shall not be required to make exhaustive
or continuous on-site inspections to check the quality or quantity of such
work. ENGINEER shall not be responsible for the means, methods,
techniques, sequences or procedures of construction selected by
Contractor(s) or the safety precautions and programs incident to the work
of Contractor(s). ENGINEER's efforts will be directed toward providing a
greater degree of confidence for OWNER that the completed work of
Contractor(s) will conform to the Contract Documents, but ENGINEER shall
not be responsible for the failure of Contractor(s) to perform the work in
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accordance with the Contract Documents. During such visits and on the
basis of on-site observations ENGINEER shall keep OWNER informed of the,
progress of the work, shall endeavor to guard OWNER against defects and
deficiencies in such work and may disapprove or reject work failing to
conform to the Contract Documents.
1.6.3. Review and approve (or take other appropriate action in respect of)
Shop Drawings and samples, the results of tests and inspections and.other
data which each Contractor is required to submit, but only for conformance
with the design concept of the Project and compliance with the information
given in the Contract Documents (but such review and approval or other
action shall not extend to means, methods, sequences, techniques or
procedures of construction or to safety precautions and programs incident
thereto); determine the acceptability of substitute materials and equipment
proposed by Contractor(s); and receive and review (for general content as
required by the Specifications) maintenance and operating instructions,
schedules, guarantees, bonds and certificates of inspection which are to be
assembled by Contractor(s) in accordance with the Contract Documents.
1.6.4. Issue all instructions of OWNER to Contractor(s); issue necessary
interpretations and clarifications of the Contract Documents and in
connection therewith prepare change orders as required; have authority, as
OWNER's representative, to require special inspection or testing of the
work; act as initial interpreter of the requirements of the Contract
Documents and judge of the acceptability of the work thereunder and make
decisions on all claims of OWNER and Contractor(s) relating to the
acceptability of the work or the interpretation of the requirements of the
Contract Documents pertaining to the execution and progress of the work,
but ENGINEER shall not be liable for the results of any such
interpretations or decisions rendered by him in good faith.
1.6.5. Based on ENGINEER's on-site observations as an experienced and
qualified design professional and on review of applications for payment and
the accompanying data and schedules, determine the amounts owing to
Contractor(s) and recommend in writing payments to Contractor(s) in such
amounts; such recommendations of payment will constitute a representation
to OWNER, based on such observations and review, that the work has
progressed to the point indicated, that, to the best of ENGINEER's
knowledge, information and belief, the quality of such work is in
accordance with the Contract Documents (subject to an evaluation of such
work as a functioning Project upon Substantial Completion, to the results
of any subsequent tests called for in the Contract Documents, and to any
qualifications stated in his recommendation), and that payment in the
amount recommended is due Contractor(s); but by recommending any payment
ENGINEER will not thereby be deemed to have represented that continuous or
exhaustive examinations have been made by ENGINEER to check the quality or
quantity of the work or to review the means, methods, sequences, techniques
or procedures of construction or safety precautions or programs incident
thereto or that ENGINEER has made an examination to ascertain how or for
what purposes any Contractor has used the moneys paid on account of the
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Contract Price, or that title to any of the work, materials or equipment
has passed to OWNER free and clear of any lien, claims, security interests
or encumbrances, or that Contractor(s) have completed their work exactly in
accordance with the Contract Documents.
1.6.6. Conduct an inspection to determine of the Project is substantially
complete and a final inspection to determine if the work has been completed
in accordance with. the Contract Documents and if each Contractor has
fulfilled all of his obligations thereunder so that ENGINEER may recommend,
in writing, final payment to each Contractor and may give written notice to
OWNER and the Contractor(s) that the work is acceptable (subject to any
conditions therein expressed), but any such recommendation and notice shall
be subject to the limitations expressed in paragraph 1.6.5.
1.6.7. ENGINEER shall not be responsible for the acts or omissions of any
Contractor, or subcontractor, or any of the Contractor(s)' or
subcontractors' agents or employees or any other persons (except ENGINEER's
own employees and agents) at the site or otherwise performing any of the
Contractor(s)' work; however, nothing contained in paragraphs 1.6.1 thru
1.6.7., inclusive, shall be construed to release ENGINEER from liability
for failure to properly perform duties undertaken by him in the Contract
Documents.
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
2.1 Normal and customary engineering services do not include services in
respect of the following categories of work which are usually referred to
as Additional Services. If OWNER wishes ENGINEER to perform any Additional
Services, he shall so instruct ENGINEER in writing, and.ENGINEER will be
paid therefor as provided in the Letter Agreement. Additional Services
include:
o Preparation or review of environmental studies and related
service.
o Services resulting from significant changes in the extent of the
Project or major changes in documentation previously accepted by
OWNER where changes are due to causes beyond ENGINEER's control.
o Providing renderings or models.
o Preparing documents for alternate bids requested by OWNER for
work which is not executed or for out -of -sequence work.
o Detailed consideration of operations, maintenance and overhead
expenses; and the preparation of rate schedules, earnings and
expense statements, cash flow and economic evaluations,
feasibility studies, appraisals and valuations.
o Furnishing the services of special consultants.
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o Services resulting from the award of more than one prime contract
for construction, materials, equipment or services for the
project, or from the construction contract containing cost-plus
or incentive -savings provisions for Contractor's basic
compensation, or from arranging for performance by persons other
than the principal prime contractors or from administering
OWNER's contracts for such services.
o Services in connection with change orders to reflect changes
requested by OWNER, evaluating substitutions proposed by
Contractor(s) after award, and services resulting from material,
equipment or energy shortages.
o Additional or extended services during construction made
necessary by (1) work damaged by fire or other cause during
construction, (2) a significant amount of defective or neglected
work of Contractor(s), 3) prolongation of contract time, and (4)
Contractor(s) defaults.
o Preparation of operating and maintenance manuals; extensive
assistance in utilization or start-up; and training OWNER's
personnel.
o Services after completion of the Construction Phase.
o Preparing to serve or serving as a consultant or witness in any
legal or administrative proceeding or public hearing.
o Providing services normally furnished by OWNER.
SECTION 3 - OWNER'S RESPONSIBILITIES
3.1. OWNER shall provide all criteria and full information as to OWNER's
requirements for the Project; designate a person to act with authority on
OWNER's behalf in respect of all aspects of the Project; examine and
respond promptly to ENGINEER's submissions; and give prompt written notice
to ENGINEER whenever he observes or otherwise becomes aware of any defect
in the work.
3.2 OWNER shall also do the following and pay all costs incident thereto:
o Guarantee access to and make provisions for ENGINEER to enter
upon public and private property.
o Provide such legal and accounting services as may be required to
determine if Contractor(s) are performing the work legally.
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SECTION 4 - MEANING OF TERMS
4.1 As used herein the term "this Agreement" refers to the Letter
Agreement to which these General Provisions are attached and to these
General Provisions and all Exhibits attached thereto, as if they were part
of one and the same document.
4.2. The construction cost of the entire Project (herein referred to as
"Construction Cost") means the total cost of the entire Project to OWNER,
but it will not include ENGINEER's compensation and expenses, the cost of
land, right-of-way, or compensation for or damages to, properties unless
this Agreement so specifies, nor will it include OWNER's legal, accounting,
insurance counseling or auditing services, or interest and financing
charges incurred in connection with the Project.
4.3. Direct Labor Costs used as basis for payment
(basic) paid to all personnel engaged directly on
but not limited to, engineers, surveyors,
specification writers, estimators, other
stenographers, typists and clerks; but does not i
related costs or fringe benefits
mean salaries and wages
the Project, including,
designers, draftsmen,
technical personnel,
nclude indirect payroll
SECTION 5 - MISCELLANEOUS
5.1 Reuse of Documents.
All documents including Drawings and Specifications prepared by ENGINEER
pursuant to this Agreement shall become the property of the OWNER.
However, since they are instruments of service in respect of a specific
project, they are not intended or represented to be suitable for reuse by
OWNER or others on extensions of the Project or on any other project. Any
reuse without written verification by ENGINEER for the specific purposes
intended will be at OWNER's sole risk and without liability or legal
exposure to ENGINEER; and OWNER shall indemnify and hold harmless ENGINEER
from all claims, damages, losses and expenses including attorney's fees
arising out of or resulting therefrom.
5.2. Opinions of Cost.
Since ENGINEER has no control over the cost of labor, materials, equipment
or services furnished by others, or over the Contractor(s) methods of
determining prices, or over competitive bidding or market conditions, his
opinions of probable Project Cost and Construction Cost provided for herein
are to be made on the basis of his experience and qualifications and
represent his best judgment as an experienced and qualified professional
engineer, familiar with the construction industry; but ENGINEER cannot and
does not guarantee that proposals, bids or actual Project or Construction
Cost will not vary from opinions of probable cost prepared by him.
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5.3 Late Payment.
If OWNER fails to make any payment due ENGINEER for services and expenses
within sixty days after receipt of ENGINEER's bill therefor, the amounts
due ENGINEER shall include a charge at the rate of 1% per month from said
sixtieth day.
5.4 Termination.
The obligation to provide further services under this Agreement may be
terminated by either party upon seven days' written notice in the event of
substantial failure by the other party to perform in accordance with the
terms hereof through no fault of the terminating party. In the event of
any termination, ENGINEER will be paid for all services rendered to the
date of termination.
5.5 Successors and Assigns.
5.5.1 OWNER and ENGINEER each binds himself and his partners,
successors, executors, administrators, assigns and legal representatives to
the other party of this Agreement and to the partners, successors,
executors, administrators, assigns, and legal representatives of such other
party, in respect to all covenants, agreements and obligations of this
Agreement.
5.5.2 Neither OWNER nor ENGINEER shall assign, sublet or transfer any
rights under or interest in (including, but without limitation, moneys that
may become due or money's that are due) this Agreement without the written
consent of the other, except as stated in paragraph 5.5.2 and except to the
extent that the effect of this limitation may be restricted by law. Unless
specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement. Nothing contained in this
paragraph shall prevent ENGINEER from employing such independent
consultants, associates and subcontractors as he may deem appropriate to
assist him in the performance of service hereunder.
5.5.3 Nothing herein shall be construed to give any rights or benefits
hereunder to anyone other than OWNER and ENGINEER.
5.6 Arbitration
5.6.1 All claims, counterclaims, disputes, and other matters in
question between the parties hereto arising out of or relating to this
Agreement of 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 and
restrictions stated in paragraphs 5.6.3 and 5.6.4 below. This agreement so
to arbitrate and any other agreement or consent to arbitrate entered into
in accordance herewith as provided in this paragraph 5.6 will be
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specifically enforceable under the prevailing arbitration law of any court
having jurisdiction.
5.6.2 Notice of demand for arbitration must be filed in writing with
the other parties 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 questionihas arisen. 'In no event may the
demand; for arbitration be made after institution of legal or equitable
'. proceedings, based on, such claim, dispute or other matter in question would
be barred by the applicable statute of limitations.
5.6.3 All demands for arbitrationland all answering statements thereto
which include 'any monetary claim musttcontain 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 matter in question
where the amount in controversy thereof is more than $200,000 (exclusive of
interest and costs) or to render a monetary award in response thereto
against any party which totals more than $200,000 (exclusive of interest
and costs).
5.6.4. No arbitration arising out of, or relating to, this Agreement may
include, by consolidation, joinder or in any other manner, any persons or
entity who is not a party to this Agreement.
5.6.5 By written consent signed by all the parties to this Agreement
and containing a specific reference hereto, the limitations and
restrictions contained in paragraphs 5.6.3 and 5.6.4 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 of a specifically described claim, counterclaim, dispute or other
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 or 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.
5.6.6 The award rendered by the arbitration will be final, not subject
to appeal and judgment may be entered upon it in any court having
jurisdiction thereof.
5.7 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
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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.
5.8 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.
5.9 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.
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 hisJaboratory 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.
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EXHIBIT A TO GENERAL PROVISIONS
ATTACHED TO LETTER AGREEMENT
BETWEEN OWNER AND ENGINEER FOR
PROFESSIONAL SERVICES, DATED
JANUARY 15, 1985
FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED MATTERS.
WORKPLAN
The project will be completed in four phases, as follows:
o Preliminary Engineering
o Detailed Engineering
o Bidding
o Construction Observation
A detailed discussion of each of these phases follows.
Preliminary Engineering
In completing an earlier application to FAA, MCE developed a layout for the
proposed improvements, as well as a cost estimate. MCE will continue its
coordination with the FAA in the preliminary engineering phase of the
project to establish a final layout and alignment for the proposed
improvements before proceeding with the detailed design. Due to our
involvement in these aspects of the project to date, as well as the 20 Year
Master Plan Project, the coordination effort will be simplified and will
result in the best overall layout, all factors considered. Following the
development of the layout revisions, same will be presented to the City for
its review and approval prior to proceeding with detailed design.
Additionally, this phase will include the formulation of a Preliminary
Engineering Report and its submittal to FAA, in accordance with their
requirements.
This phase will be completed by Mr. John Quinn, with assistance from Mr.
Wayne Jones. The preliminary engineering phase will require approximately
two weeks.
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Detailed Engineering
Following the coordination effort necessary to develop the final layout for
the proposed improvements, MCE will complete the preparation of detailed
plans and specifications. The detailed design phase will consist of three
tasks, as follows:
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Soils Investigations In order to aid in proper
subsurface, -base; and paving design and to.insure optimum
project longevity, it is desirable that field
investigations be completed to characterize the on-site
soils.. Through MCE's ESCOM Laboratories Division, soils
investigations as deemed necessary will be performed.
These investigations will insure that the most suitable
subsurface soil, either on-site or off-site, is utilized.
This in turn will'result in savings to the City by allowing
the use of investigative design criteria, rather than
"textbook" values that can result in overly conservative
designs and higher initial capital costs or in inadequate
designs and higher maintenance costs. MCE will be able to
minimize the effort required for this task due to the
accumulation of historical subsurface data for adjacent
project areas where MCE has performed similar services.
o Topographic Surveys - To aid in the development of the
20 -Year Master Plan, MCE previously has had aerial
photographs taken of the Drake Field property. Copies of
the overall aerial photograph have been presented to the
City. When the aerial photography was completed, MCE
arranged for the flights to be flown at an altitude so as
to allow the development of topography maps at contour
intervals and scales suitable for detailed design. MCE has
previously established horizontal and vertical controls in
the proposed improvement area and has had topographic maps
developed. These maps, supplemented by minimal field
surveying effort, will serve as a basis for completing the
required detailed plans and specifications.
o Detailed Plans and Specifications - Using the soils
investigation and topographic survey information as a
basis, detailed plans and specifications will be prepared
for the proposed improvements. The detailed plans and
specifications will address the areas of concern previously
listed relative to location and alignment of the
improvements and will be closely coordinated with the
as -built plans completed by MCE for other airport
improvements. The plans and specifications will outline
all requirements for construction, including, but not
necessarily limited to:
A-2
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o Existing site plan and topography
o Soils investigation logs
o Paving locations and details
o Layout
o Grading plan
o Subsurface, base, and paving details
o Drainage details
o Lighting locations and details
Upon completion, the Plans and Specifications will be presented to
and FAA for review and comments. As deemed necessary, modificati
be made to the plans and specifications prior to advertisement for
This phase will be completed by Mr. Wayne Jones, with assistance
Charles McLaughlin, Mr. Larry Smith, and Mr. Larry Whitehorn. The
design phase will require approximately eight weeks.
the City
ons will
bids.
from Mr.
detailed
Additionally, we anticipate that a minimum of two weeks will be required
for review by FAA followed by one additional week for effecting changes
required by that review.
Bidding
Following the completion of the Plans and Specifications and final approval
by the City and FAA, the project will be advertised for receipt of bids.
Upon receipt of bids, MCE will work with the City of Fayetteville in
evaluating the bids and selecting the most advantageous contractor for
completion of the project.
i t
This phas▪ e will be completed by Mr. Wayne Jones. The bidding phase will
•require approximately six weeks.
a
▪ Construction Observation
Following the selection of a contractor, with FAA's concurrence, and the
issuance of a Notice to Proceed, MCE will work with the City of
Fayetteville by providing construction observation services, including
}submittal •of •monthly Contractor progress reports and payment requests,
throughout the construction period. The initial step in the construction
observation phase of the project will be to conduct a pre -construction
conference. This conference will help insure a thorough understanding on
the part of all parties involved in the project as to the intentions of the
Plans and Specifications and the overall construction goals. The
conference will be attended by the following parties:
A-3
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o Airport personnel
o McClelland Consulting Engineers, Inc.
o Contractor
o Major Sub -contractors
•
Following the pre -construction conference, MCE will then provide
construction observation on a periodic basis as dictated by mayor
construction events or at the request of the City or the Contractor.
Additionally, MCE will provide construction materials testing through our
ESCOM Laboratories Division as deemed necessary.
Upon completion of the construction by the Contractor, MCE will perform a
final inspection with the City and FAA and make a recommendation regarding
final acceptance, as deemed appropriate.
This phase will be completed by Mr. Larry Whitehorn, with assistance from
Mr. Randy Galbraith. It is estimated that the construction phase of the
project will require sixteen to twenty weeks, presuming that it is begun
sometime between late spring and mid -summer.
SCHEDULE
The project will be completed in accordance with the following schedule:
o Preliminary Design
o Detailed Design
o FAA Review/Revisions
o Bidding
o Construction
2 weeks
8 weeks
3 weeks
6 weeks
- 16 - 20 weeks
o Total Project
35 - 39 weeks
It is pointed out that MCE has no control over the Contractor's schedule
nor weather and, thus, guarantees of the 16 to 20 week construction period
cannot be made. However, based upon reasonable material delivery periods
and good weather, 16 to 20 weeks should be ample time for the construction
of a project of this nature.
A-4
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EXHIBIT B TO GENERAL PROVISIONS
ATTACHED TO LETTER AGREEMENT
BETWEEN OWNER AND ENGINEER FOR
PROFESSIONAL SERVICES, DATED
JANUARY 15, 1985.
COMPENSATION AND SCHEDULE OF PAYMENTS
1. This is an exhibit attached to and made a part of the General
Provisions attached to Letter Agreement dated January 15, 1985, between
City of Fayetteville (OWNER) and McClelland Consulting Engineers, Inc.
(ENGINEER) providing for professional engineering services. The Basic
Services of ENGINEER as described in Section 1 of the said General
Provisions are amended or supplemented as indicated below.
2. This work is to be performed in conjunction with the Federal Aviation
Administration Grant Agreement for Project No. AIP 3-05-0020-05-85.
3. Compensation for Engineering services:
The basic fee of $25,000 is to be paid in accordance with the following
schedule:
A. The sum of $16,000 shall be due and payable in two equal
payments; the first, 30 calendar days following execution of
the contract; and the latter, upon completion of the
detailed Plans and Specifications and approval of same by
the OWNER and the Federal Aviation Administration.
B. The sum of $2,000 shall be due and payable upon issuance by
the OWNER of the Notice to Proceed on the Construction
Contract.
C. The sum of $7,000 shall be due and payable in monthly
installments, based upon the monthly estimates prepared to
pay the construction contractor, the final incremental
amount to be payable upon completion and final acceptance of
the construction work.
D. Construction materials testing shall be paid for on a
monthly basis, after submission of reports of testing
performed during each month. The following unit price
schedule will apply:
B-1
4
1
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•
Concrete Compressive Testing,
per cylinder
Air Entrainment Test
Proctor Curve, Modified
Proctor Curve, Standard
Density Testing, In Place
Gradation, Dry Sieve
Gradation, Wet Sieve
3 - Marshall Specimen
3 - Unit Weight
3 - Stability 2 ,
F 1 - Asphalt Content .
1 - Gradation
Concrete Beam Testing
.4 • r$.4
J
$ 10.
5.
90.
70.
13.
5.
15.
00/each
00/each
00/each
00/each
50/each
00/sieve
00/sieve
250.00/sample (total)
17.00/beam
E. Additional services, if required, shall be paid for in
accordance with the basic letter agreement (Direct Labor
'Costs x 2.7). -using the following for Direct Labor Costs:
r
Principal Engineer
Project Manager
Project Engineer
Surveying Supervisor
Survey Crew Member
Engineering Technician
Senior Draftsman
Junior Draftsman
Construction Observer
Clerical
8-2
F-
$28.20
25.00
17.75
10.80
10.00
6.00
13.60
8.70
10.35
7.10
l
EXHIBIT C TO GENERAL PROVISIONS
ATTACHED TO LETTER OF AGREEMENT
BETWEEN OWNER AND ENGINEER FOR
PROFESSIONAL SERVICES, DATED
JANUARY 15, 1985
CERTIFICATION OF ENGINEER
I hereby certify that I am a Vice President and duly authorized
representative of the firm of McClelland Consulting Engineers, Inc., whose
address is 1810 North College Avenue, 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
Improvement Program (AIP) funds and is subject to applicable state and
federal laws, both criminal and civil.
1985
C. uinn, P. .
C-1
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LITTLE ROCK
JAMES E. MCCLELLAND, P.E.
FRED NIELSEN, R.L.S.
McCLELLAND CONSULTING ENGINEERS INC.
January 15, 1984
Mr. Sturman Mackey
Director of Purchasing
City of Fayetteville
P.O. Drawer F
Fayetteville, Arkansas 72702-F
Dear Mr. Mackey:
r
Environmental and Materials Testing
Environmental and Chemical Engineering Consulting
FY842186
FAYETTEVILLE
J.E. MCCLELLAND, P.E.
VERNON D. ROWE, P.E.
We agree to render professional engineering services in connection with
aircraft taxiway extensions and related lighting improvements at Drake
Field per the Work Plan of our Proposal dated November 7, 1984, appended
hereto as Exhibit A (hereinafter called the "Project"). You are to furnish
us with full information as to your requirements including any special or
extraordinary considerations for the Project or special services needed,
and also to make available pertinent existing data.
Our services will consist of preparing a Preliminary Engineering Report, a
Preliminary Design, Final Design documents, assistance during Bidding and
Construction Administration, all as set forth in the printed General
Provisions as amended and supplemented in Exhibit A thereto, both of which
are attached to this letter, and such additional services as you may
request.
You are to pay for our services a lump sum fee of $25,000 for all tasks
except construction materials testing. Our fee for construction materials
testing is to be based upon unit prices anticipated to be approximately
$2,500.
Additional
or
noncustomary services, if requested by the
City,
will be
charged on
the
basis of Direct Labor Costs times a factor
of 2.7.
or, if
preferred,
can
be billed according to additional lump sum
amounts agreed
upon after
the
scope of additional services has been determined.
We will
bill you
for
our services in accordance with Exhibit
B. The
above
financial
arrangements are on the basis of prompt'payment
and the
orderly
and continuous
progress of the Project through construction.
9CMLBIT. A
1810 N. COLLEGE AVE. P.O. BOX 1719 FAYETTEVILLE, ARKANSAS TI10i-1719 TELEPHONES 15011443i7F1/M3-2311
;
Mr. Sturman Mackey
City of Fayetteville
January 15, 1984
Page...........2
We expect to start our services promptly after receipt of your
authorization to proceed and to complete our services within 39 weeks.
If there are protracted delays
beyond our control and if these
expect to renegotiate with y
Construction Administration and
take into consideration changes
to the period when services are
in constructing the project for reasons
delays exceed 365 calendar days, we would
ou the basis for our compensation for
construction materials testing in order to
in price indices and pay scales applicable
in fact being rendered.
It is necessary that you advise us in writing at an
budgetary limitations for the overall Project Cost
We will endeavor to work within those limitations.
the design phase we will submit to the City an es
cost. We do not guarantee that our opinions will
from bids.
early date if you have
or Construction Cost.
At the completion of
timate of construction
not differ materially
Services are to be rendered in the customary phases which, together with
the general understandings applicable to our relationship with you, are set
forth in the printed General Provisions and Exhibit A, B, and C thereto
which are attached to and made a part of this Agreement. Your particular
responsibilities are also set forth in the General Provisions.
This Agreement, the General Provisions consisting of 10 pages and Exhibit A
thereto which consists of 4 pages, Exhibit B thereto which consists of 2
pages, and Exhibit C thereto which consists of 1 page, represent the entire
understanding between you and us in respect of the Project and may only be
modified in writing signed by both of us. If it satisfactorily sets forth
your understanding of the arrangement between us, we would appreciate your
having the enclosed copies of this letter signed in the space provided
below and returning one copy to us.
Very truly yours,
McCLELLAND CONSULTING ENGINEERS, INC.
By
n Quinn
Branch Manager
a
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Mr. Sturman Mackey
City of Fayetteville
WITNESSED:
Vernon D. Rowe
Vice President
January 15, 1984
Page...........3
Accepted this Z day of , 19��
CITY 0L FAYETTEVILLE/
y'r F,Naud No I
�-� Mayo rte;''
3aWITNESSED•: O
r
Q
GENERAL PROVISIONS
Attached to' and made of part' of' LETTER • AGREEMENT dated January 16, 1985,
between the City of Fayetteville (OWNER) and McClelland Consulting
Engineers, Inc. (ENGINEER) in respect of the project (Project) described
therein. ' • , • -ii
' , x
1.1 General
+ 1.1.1... ENGINEER shall perform professibnal services as hereinafter stated
;•' which include customary civil','I surveying; mapping, structural, and
electrical.engineering services.•incidental,thereto.
4-
1.2 Preliminary (Draft) Report Phase
After written authorization to proceed, ENGINEER shall:
1.2.1. Consult with OWNER to clarify and define OWNER's requirements for
the project and review available data.
1.2.2. Advise OWNER as to the necessity of OWNER's providing or obtaining
from others special data or services, and act as OWNER's representative in
connection with any such services.
1.2.3. Provide analyses of OWNER's needs, planning surveys, site
evaluations and comparative studies of solutions.
1.2.4. Provide a general economic analysis of OWNER's requirements
applicable to various alternatives.
1.2.5. Prepare a Report containing
exhibits to indicate clearly the
alternative solutions available to
findings and recommendations with
Construction, contingencies, and
professionals and consultants.
conceptual criteria with appropriate
considerations involved and the
OWNER and setting forth ENGINEER's
opinions of probable costs for
allowances for charges of all
1.2.6. Furnish two copies of the Draft Report to the OWNER and two copies
of the Draft Report to FAA. The duties and responsibilities of ENGINEER
are amended and supplemented as indicated in Exhibit A "Further Description
of Basic Engineering Services and Related Matters".
1.3 Final Report Phase
After authorization to proceed with the publication of the Final Report,
ENGINEER shall:
1
1.3.1. In consultation with OWNER and on the basis of the accepted Draft
Report, revise the report to final form.
1.3.2.
Based on
the information contained
in the Final Report documents,
submit
a revised
opinion of probable Project
Cost.
1.3.3. Furnish five copies of the Final Report to the OWNER and two copies
of the Final Report to FAA. The duties and responsibilities of ENGINEER
are amended and supplemented as indicated in Exhibit A "Further Description
of Basic Engineering Services and Related Matters".
SECTION 2 - ADDITIONAL SERVICES OF ENGINE
2.1 Normal and customary engineering services do not include services in
respect of the following categories of work which are usually referred to
as Additional Services. If OWNER wishes ENGINEER to perform any Additional
Services4,'he#shall so'instruct .ENGINEER •in writing, and ENGINEER will be
paid therefor as provided in the Letter Agreement. Additional Services
include:
o Preparation or review ' of environmental studies and related
service.
?, o
.
resulting from significant changes in the extent of the
.Services
Project or major, changes in documentation previously accepted by
OWNER where changes are due to causes beyond ENGINEER's control.
o
Providing renderings or models.
o
Detailed consideration of operations, maintenance and overhead
expenses; and the preparation of rate schedules, earnings and
expense statements, cash flow and economic evaluations,
feasibility studies, appraisals and valuations.
o
Furnishing the services of special consultants.
o
Preparing to serve or serving as a consultant or witness in any
legal or administrative proceeding or public hearing.
o
Providing services normally furnished by OWNER.
SECTION 3 - OWNER'S RESPONSIBILITIES
3.1. OWNER shall
provide all
criteria and full information
as to OWNER's
requirements for
the Project,
designate a person to act with
authority on
OWNER's behalf in
respect of
all aspects of the Project;
examine and
respond promptly
to ENGINEER's
submissions; and give prompt written notice
to ENGINEER whenever he observes or otherwise becomes aware
of any defect
in the work.
Fl
3.2 OWNER shall also do the following and pay all costs incident thereto:
o Guarantee access to and make provisions for ENGINEER to enter
upon public and private property.
SECTION 4 - MEANING OF TERMS
4.1 As used herein the term "this Agreement" refers to the Letter
Agreement to which these General Provisions are attached and to these
General Provisions and all Exhibits attached thereto, as if they were part
of one and the same document.
4.2. The construction cost of the entire Project (herein referred to as
"Construction Cost") means the total cost of the entire Project to OWNER,
but it will not include ENGINEER's compensation and expenses, the cost of
land, right-of-way, or compensation for or damages to, properties unless
this Agreement so specifies, nor will it include OWNER's legal, accounting,
insurance counseling or auditing services, or interest and financing
charges incurred in connection with the Project.
4.3. Direct Labor Costs used as basis
(basic) paid to all personnel engaged
but not limited to, engineers,
specification writers, estimators
stenographers, typists and clerks; bu
related costs or fringe benefits.
SECTION 5 - MISCELLANEOUS
5.1 Reuse of Documents.
t
for payment mean salaries and wages
directly on the Project, including,
surveyors, designers, draftsmen,
other technical personnel,
does not include indirect payroll
All documents including Drawings and Specifications prepared by ENGINEER
pursuant to this Agreement shall become the property of the OWNER.
However, since they are instruments of service in respect of a specific
project, they are not intended or represented to be suitable for reuse by
OWNER or others on extensions of the Project or on any other project. Any
reuse without written verification by ENGINEER for the specific purposes
intended will be at OWNER's sole risk and without liability or legal
exposure to ENGINEER; and OWNER shall indemnify and hold harmless ENGINEER
from all claims, damages, losses and expenses including attorney's fees
arising out of or resulting therefrom.
5.2. Opinions of Cost.
Since ENGINEER has no control over the cost of labor, materials, equipment
or services furnished by others, or over the Contractor(s) methods of
determining prices, or over competitive bidding or market conditions, his
opinions of probable Project Cost and Construction Cost provided for herein
f
•
are to be made o
5.3 Late Payment.
If OWNER fails to
within sixty days
due ENGINEER shall
sixtieth day.
5.4 Termination.
n
make any payment due ENGINEER for services and expenses
after receipt of ENGINEER's bill therefor, the amounts
include a charge at the rate of 1% per month from said
The obligation to provide furthe
5.5 Successors and Assigns.
r
5.5.1 OWNER and
ENGINEER each
binds himself and his partners,
successors,
executors,
administrators,
assigns and legal representatives to
the other
party of
this Agreement
and to the partners, successors,
executors,
administrators,
assigns, and
legal representatives of such other
party, in
respect to
all covenants,
agreements and obligations of this
Agreement.
5.5.2 Neither OWNER nor ENGINEER shall assign, sublet or transfer any
rights under or interest in (including, but without limitation, moneys that
may become due or money's that are due) this Agreement without the written
consent of the other, except as stated in paragraph 5.5.2 and except to the
extent that the effect of this limitation may be restricted by law. Unless
specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement. Nothing contained in this
paragraph shall prevent ENGINEER from employing such independent
consultants, associates and subcontractors as he may deem appropriate to
assist him in the performance of service hereunder.
5.5.3 Nothing herein shall be construed to give any rights or benefits
hereunder to anyone other than OWNER and ENGINEER.
5.6 Arbitration
5.6.1
All claims,
counterclaims,
disputes,
and
other matters
in
question
between the
parties hereto
arising out
of
or relating to
this
Agreement of. 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 and
restrictions stated in.paragraphs .5.6.3 and 5.6.4 below. This agreement so
to arbitrate and any other agreement or consent to arbitrate entered into
in accordance herewith as provided in this paragraph 5.6 will be
specifically enforceable under the prevailing arbitration law of any court
having jurisdiction.
5.6.2 Notice of demand for arbitration must be filed in writing with
the other parties 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 institution of legal or equitable
proceedings based on such claim, dispute or other matter in question would
be barred by the applicable statute of limitations.
5.6.3 All demands for arbitration and all answering statements 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 matter in question
where the amount in controversy thereof is more than $200,000 (exclusive of
interest and costs) or to render a monetary award in response thereto
against any party which totals more than $200,000 (exclusive of interest nd
costs).
5.6.4. No arbitration arising out of, or relating to, this Agreement may
include, by consolidation, joinder or in any other manner, any persons or
entity who is not a party to this Agreement.
5.6.5 By written consent signed by all the parties to this Agreement
and containing a specific reference hereto, the limitations and
restrictions contained in paragraphs 5.6.3 and 5.6.4 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 of a specifically described claim, counterclaim, dispute or other
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 or 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.
5.6.6 The award rendered by the arbitration will be final, not subject
to appeal and judgment may be entered upon it in any court having
jurisdiction thereof.
5.7 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 ut 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.
5.8 _EQUAL OPPORTUNITY.
h r
In accordance with Executive Order 11246, entitled "Equal Employment
Opportunity", as amended by Executive Order 11375, and as supplemented in
Department -oft Labor Regulations, the ENGINEER agrees that he will not
discriminate 'against any employee or applicant for employment because of
race, religion, age, color, sec, or national origin.
{
5.9 'ACKNOWLEDGEMENTS s !
In executing this contract the ENGINEER ackhowledges`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.
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.
EXHIBIT A TO GENERAL PROVISIONS
ATTACHED TO LETTER AGREEMENT
BETWEEN OWNER AND ENGINEER FOR
PROFESSIONAL SERVICES, DATED
JANUARY 16, 1985
FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED MATTERS.
INTRODUCTION
The FAA has already completed an Airport Obstruction Study for Drake Field.
This study resulted in an Airport Obstruction Chart depicting obstructions
within the Runway Approach zones for a 34:1 slope off the North end and for
both 34:1 and 20:1 slopes off the South end. Additionally, the chart
depicts obstructions off the runway centerline. As a work scope, it is
understood that the Airport Management desires that any additional
obstructions located in the Runway Approach Zone for a 50:1 slope off the
North end of the runway be identified.
MCE proposes a seven phase project to complete the Airport Obstruction
Study. The proposed work phases are as follows:
o1
Phase
1
- Photogrammetric Mapping
o
Phase
2
- Initial Obstruction Identification
o
Phase
3
- Elevation Establishment
o
Phase
4
- Field Verifications
o
Phase
5
- Obstruction Map
o
Phase
6
- Obstruction Detailing/
Prioritization/Report
o
Phase
7
- Grant Application
These phases are discussed in detail in the following subsections. This
work scope is written around the requirement to identify obstructions based
on a 50:1 Runway Approach Zone slope off the North end of the runway. As
indicated, for the 34:1 slope and 20:1 slope off the South end of the
runway scope of work, Phases 1, 2, 3, 4, and 5 are available from previous
FAA work. Therefore, these phases will not be required in identifying
obstructions off the South end of the runway.
4
PHASE 1.- PHOTOGRAMMETRIC MAPPING ..
There are three approaches that can potentially be utilized in completing a
study such as the, one proposed:
A-1
. � x
o Aerial Surveying and Photogrammetric Mapping
o Manual Surveying and Mapping
o Combined Aerial Mapping/Manual Surveying
The latter approach is believed to be the most appropriate to meet the
needs of the City of Fayetteville given the nature of the obstructions to
be identified and the available information. Toward this end, the first
step in the study process will be aerial mapping of the study area(s). MCE
will work with M. J. Harden and Associates, Kansas City, Missouri to
aerially photograph the areas of concern. Maps of appropriate scale will
be developed. These maps will be similar to the maps developed by MCE and
M. J. Harden for the City of Fayetteville from flights made in 1980 and
will serve as the primary means for identifying and locating obstructions.
Because of this approach, it is imperative that aerial photography not
commence until trees in the study area have appreciably "leaved".
PHASE 2 - INITIAL OBSTRUCTION IDENTIFICATION
The study completed by the FAA
obstructions will be located
work. Using the maps as a
represent obstructions will be
identification process, a list
made. This initial list will
study and will be augmented as
has identified numerous obstructions. These
3n the aerial maps generated during Phase I
reference, additional objects believed to
identified, as possible. From this initial
of known and potential obstructions will be
serve as the basis for the completion of the
additional information is developed.
PHASE 3 - ELEVATION ESTABLISHMENT
Using the known and potential obstructions depicted on the maps as a basis,
the top elevation of each obstruction will be determined from the aerial
photographs using steroscopic procedures. These elevations will be
compared to the "acceptable" elevations as determined from the plotting of
the imaginary clear zone surfaces around the runway and in the approach
zones. By comparing the acceptable elevations over the location map
showing the spot elevations of the obstructions, the majority of the
obstructions can be identified and the extent of encroachment into the
clear zone assessed.
PHASE 4 - FIELD VERIFICATIONS
Large objects such as buildings, land masses, and clumps of trees can be
accurately identified and their elevations determined using aerial
photogrammetric techniques.. However,elevations of the tops of small
objects, such as flag poles, power poles, and antenna, and objects covered
A-2
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• ii
by trees, must be determined in the field in order to provide the required
accuracy. Thus,,MCE will',perforin•field,surveys as necessary to verify and
;. 'supplement existing, information ;or ;tot develop new information where it
cannot ;be developed'iduring"; the 4aerial*mapping process. With the
combination of this field'information and the aerial information, all known
obstructions will be identified.
PHASE 5 - OBSTRUCTION MAP
All identified obstructions will be depicted on aerial maps at an
appropriate scale. The maps will be prepared in accordance with FAA
procedures and will show all identifying information. The obstruction
information will be presented in a manner that assigns relative priorities
for corrective action.
PHASE 6 - OBSTRUCTION DETAILING/PRIORITIZATION/REPORT
MCE will catalogue all obstructions that are identified according to
following information:
1. Identification number
2. Description
3. Location
4. Top elevation
Using this information, the distance of encroachment into the restricted
zone will be computed for each obstruction. Each obstruction will then be
evaluated to:
1. Determine a recommended action for resolution
2. Cost for resolution
3. Time required for resolution
4. Whether obstruction violates existing zoning ordinance(s)
The final tabulation will be a listing of all obstructions, the estimated
costs to remove or mitigate each obstruction, and the time required to
remove or mitigate each obstruction. This final listing will be in order
of priority (as recommended by MCE) and will allow the City of Fayetteville
to take actions to achieve the maximum benefits given the availability of
funds.
A-3
•
•
All identified obstructions will be detailed in an Airport Obstruction
Report consisting of the following information:
o Introduction and Report Purpose
o Obstruction Location Map
o Individual Obstruction Logs
The Individual Obstruction Logs will be published in the report in the
recommended order of priority for action. The report format will easily
allow the re -prioritization of the obstructions as funding constraints,
airport management preference, and particular projects dictate.
The report will be completed initially in draft form to allow the City to
have input regarding actions and priorities before the final report is
completed.
PHASE 7 - GRANT APPLICATION
cMCE has assisted the City of Fayetteville in the completion of grant
applications for airport improvements for several years. We will continue
this service by completing the two grant applications for funds: the
first, to finance the Airport Obstruction Study; and the second, to
complete the first phase of obstruction resolution.
SCHEDULE
MCE will complete the reports in accordance with the following schedule:
Days After Notification
Item of FAA Funding
o Collection/review of base data 14
o Field/Aerial Surveys 66
o summary/categorization of
obstruction 87
o Cost estimates 101
o Draft Report 115
o Final Report 129
1 r r •
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A-4
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It is noted that the use of aerial photography for a project of this nature
requires that trees have leaves (in contrast to the normal requirement that
minimal leaves be present). Therefore, timing of the go-ahead is very
important.
A-5
� ! I
4
EXHIBIT B TO GENERAL PROVISIONS
ATTACHED TO LETTER AGREEMENT
BETWEEN OWNER AND ENGINEER FOR
PROFESSIONAL SERVICES, DATED
JANUARY 16, 1985.
COMPENSATION AND SCHEDULE OF PAYMENTS
1. This is an exhibit attached to and made a part of the General
Provisions attached to Letter Agreement dated January 16, 1985, between
City of Fayetteville (OWNER) and McClelland Consulting Engineers, Inc.
(ENGINEER) providing for professional engineering services. The Basic
Services of ENGINEER as described in Section 1 of the said General
Provisions are amended or supplemented as indicated below.
2. Compensation for Engineering services:
The basic fee of $32,000 is to be paid in accordance with the following
schedule:
A. The sum of $750 shall be due and payable upon notification
by FAA that the City's Obstruction Study will be funded.
B. The sum of $20,000 shall be due and payable in $5,000
monthly increments beginning 30 days after notification that
FAA funding has been secured.
C. The sum of $8,000 shall be due and payable within 30 days of
the City's/FAA's review and qualified approval of the Draft
Report.
D. The sum of $3,250 shall be due and payable within 30 days of
submission of the Final Report to the Owner and to FAA.
E. Additional services, if required, shall be paid for in
accordance with the basic letter agreement (Direct Labor
Costs x 2.7) using the following for Direct Labor Costs:
Principal Engineer
Project Manager
Project Engineer
Surveying Supervisor
Survey Crew Member
Engineering Technician
Senior Draftsman
Junior Draftsman
Construction Observer
Clerical
B-1
$28.20
25.00
17.75
10.80
10.00
6.00
13.60
8.70
10.35
7.10
1
F
.I
t
}
EXHIBIT C TO GENERAL PROVISIONS
r ATTACHED TO LETTER OF AGREEMENT
'BETWEEN OWNER AND ENGINEER FOR
PROFESSIONAL SERVICES, DATED
JANUARY 16, 1985
CERTIFICATION OF ENGINEER
I hereby certify that I am a Vice President and duly authorized
representative of the firm of McClelland Consulting Engineers, Inc., whose
address is 1810 North College Avenue, 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
Aviation Administration of the United
in connection with this contract
Improvement Program (AIP) funds and
federal laws, both criminal and civil.
1985
I
is to be furnished to the Federal
States Department of Transportation,
involving participation of Airport
is subject to applicable state and
C
Quinn, P.E.
C-1
AMENDMENT NO. I
to
AGREEMENT FOR ENGINEERING SERVICES
The LETTER AGREEMENT dated January 15, 1984, between the City of
Fayetteville (Owner) and McClelland Consulting Engineers, Inc. (Engineer)
is amended hereinafter for the purposes of:
1. Correcting a captioned date which is in error on the first
three pages of the letter.
2. Complying with requirements of the Federal Aviation
Administration (FAA) regarding:
A. The need for "full time resident" construction
observation as opposed to general periodic
observation.
B. The inclusion of Title VI Assurances by the
Engineer.
C. The need for the Engineer to provide a set of
"As -Built" drawings of the project at the
conclusion of construction.
D. The need for the Airport Layout Plan (ALP) to
be updated in conjunction with this project.
3. Increasing the scope of engineering services proposed to
include modifications to the electrical controls for the
taxiway and runway lighting systems and the addition of an
electrical manhole and duct extension to accommodate future
hangar expansion on the east side of the airport.
4. Agreeing to notify the City in writing and to obtain City
approval prior to exceeding the "estimated" fee of $2,500 for
construction materials testing.
M1
Specifically, these revisions to the AGREEMENT are to be effected by the
following changes:
Pages 1-3, LETTER OF AGREEMENT
The date appearing
at the
top of
each page is to be revised, accurately
stating the year as
"1985"
- not "1984".
Page 3, Paragraph 1.6.2., GENERAL PROVISIONS
Delete the first two sentences of
following sentence: "Provide ful
to determine, in general, if the
the Contract Documents."
In the last sentence of said pa
beginning the last sentence with:
this paragraph and replace them with the
1 -time resident construction observation
project is proceeding in accordance with
ragraph, delete the opening four words,
"On the basis....".
Page 5, GENERAL PROVISIONS
Following paragraph 1.6.7., add a new paragraph as follows: "1.6.8.
Provide a set of As -Built drawings at the conclusion of the project,
including an updated Airport Layout Plan (ALP)."
Page 10, Paragraph 5.9, ACKNOWLEDGEMENTS, GENERAL PROVISIONS
Add a fourth paragraph, as follows: "The ENGINEER hereby states that he
will comply with the requirements stated in the Title VI Assurances,
Appendix 2, of AC 150/5100-4".
Page A-3, FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED
MhTTDC
At the request of and with assistance from the City staff, an amended work
scope has been developed to provide design of a system which will allow
control of runway and taxiway lighting systems to remain at the Flight
Service Station (FSS) and the existing Air Traffic Control Tower (ATCT)
until the new ATCT is operational. At that time the base station in the
existing ATCT would be relocated to the new ATCT.
Specifically, the original scope involving lighting controls is amended to
include the design of the following:
1. Relocation of the two existing lighting regulators from the
FSS building to the east side of the airport. Installation
of these existing regulators as well as the proposed taxiway
lighting regulator is to be within the south room of the east
T -hangar building. This will require.a horizontal bore of
approximately 90 feet under the existing taxiway and apron;
2. A ground -to -ground radio control system to permit control of
the lighting regulators from the FSS and the existing ATCT
and in the future from the new ATCT. The base station
installed in the existing ATCT would later be relocated to
the new ATCT. This system would provide for temporary and
permanent control of all -three lighting regulators and would
be designed with future expansion capabilities.
3. The design of an electrical manhole and duct extension at the
north end of an existing 4 -way duct under the taxiway near
the new maintenance hangar. This is required to avoid
existing cable interference with the concrete apron which has
been constructed south of that new hangar.
Page B-1, Paragraph 3, Compensation for Engineering Services
Revise the opening sentence of paragraph 3 to read:
exceed $35,745 is to be paid in accordance with the
The increase in compensation is due to the increase in
services required to include full-time construction
construction period of 65 working days) and to in
taxiway lighting control design.
"A basic fee not to
following schedule:"
scope of engineering
observation (for a
:rease the scope of
The sum mentioned in paragraph 3.A. shall be revised from $16,000 to
$16,900 to account for the increase in the scope of work to include taxiway
lighting control design changes.
Paragraph 3.6. shall remain unchanged.
Paragraph 3.C. shall be renumbered as paragraph 3.C.1., and the sum of
$7,000 shall be reduced to read "$2,311".
Just below paragraph 3.C.1., add paragraph 3.C.2., as follows:
"A full-time construction observer will be provided by the Engineer at
an hourly charge of $27.95, for the actual time that he is engaged on
the project; but the total amount charged for the full-time construction
observer shall not exceed $14,534 unless actual construction time exceeds
65 working days.
Page B-2, Paragraph 3.D.
Regarding compensation for construction materials testing, the following
statement shall be added at the end of paragraph 3.D.: "The Engineer will
notify the Owner in writing prior to exceeding a fee of $2,500 for
construction materials testing.".
Except as specifically provided for herein, all other provisions of the
referenced AGREEMENT, dated January 15, 1984, shall remain in full force.
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.
(SEAL)
ATTES
B /
Type Name SUZANNE KENNEDY
Title City Clerk
OWNER:
Type Name PAUL R. NOLAND
Title Mayor
Date 7-29-85 Date 7-29-85
(SEAL)
ENGINEER:
ATTEST: McCLELLAND CONSULTING ENGINEERS,
c� INC.
By///igi. t 0'. 21 6&t&
Type Name MAURICE A. McCLELLAND Type Name J. E. McCLELLAND
Title Secretary/Treasurer Title President
• Date Date
FEDERAL AVIATIONN ADMINISTRATION
Engineering Contract Cost Estimate
AIRPORT Drake Field CITY Fayetteville Project No.AIP-3-05-0020-05-85
Name of Organization submitting estimate McClelland Consulting Engineers, Inc.
PROJECT DESCRIPTION Aircraft Taxiway Extensions & Lighting Improvements
Indicate major items of work at top of column such as: Paving/Runway-Taxiway-Apron;
Electrical/Runway-Taxiway-Ramp; Beacon, VAST; Fence; Airport Layout Plan (if new);
Zoning Map (if required); Resident Inspection (if applicable)
Taxiway Ext. Lightjing Imp. Construction
Design Desft2n Mont.
DIRECT SALARY COST
Engineers
• Designers
Draftsmen
• Surveyors
Supervision
Others:(Specify) Clerical
Construction Observer
Subtotal
PAYROLL ADDITIVE
(Vacation, sick leave, retire
• ment, FICA, etc.)
DIRECT NON -PAYROLL COSTS
Materials & supplies
Reproduction
Data processing
Travel expenses
Equipment rental
Outside engr. consultants
Others: (Specify)
Mtls. Testing @ Unit Prices
Subtotal - All Direct Costs
INDIRECT COSTS
(Administration, rent,
utilities, telephone, etc.
Subtotal -Direct & Indirect
PROFESSIONAL FEE (Profit)
TOTAL FEE
HOURS
COST
HOURS
COST
HOURS
COST
153
$ 2,760.00
40
$ 794.00
26
482.00
8
82.00
-
-
-
-
165
1,700.00
40
414.00
6
59.00
12
300.00
4
100.00
4
41.00
24
600.00
4
100.00
4
100.00
16
120.00
4
30.00
15
J13.00
526
944.00
$_5,562.00_______$_1,438.00
6,239.00
PERCENT
40
2
2,496.00
150
00
50.00
50.00
-
-
9
7,937.00
2,063.00
11,285.00
5,283.00
1,365.00
5,798.00
13,220.00
3,428.00
17,083.00
1,807.00
460.00
2,247.00
15,027.00
3,888.00
19,330.00
Prepared by Date: May 29, 1985
(Signature)
McCLELLAND CONSULtINVGOENGINEERS, INC.
May 31, 1985
Mr. bale Frederick
Airport Manager
City of Fayetteville
P. 0. Drawer F
Fayetteville, AR 72702
RE: Amendment to Engineering Services Contract
Taxiway/Lighting Improvement Project
Dear Dale:
Enclosed you will find three (3) copies of Amendment No. 1 to our contract
for the taxiway extension project. The purposes/objectives of this
• amendment are set forth on the first page of the amendment, itself. You
• will recognize most of these revisions as being those required by FAA after
their initial review of our contract.
A total increase in the basic fee has been proposed in the amount of
$10,745. Part of this increase ($900) is for additional design work
required for electrical controls of the taxiway lighting system. The
balance of the increase ($9,845) is to provide "full-time" resident
• construction observation, per FAA's directive. Please note that the actual
cost for providing a full-time construction observer for a 65 working day
• project, at $27.95/hour is $14,534 (65 days x 8 hrs/day x $27.95/hr =
$14,534). We have increased our fee by only $9,845 of this $14,534 amount
because our initial contract provided a fee to cover $4,689 worth of field
observation in our total "construction phase fee" of $7,000.
If you have questions about any of these items I will be glad to discuss
them with you.
When you have reviewed/approved this amendment, please have it•executed by
the appropriate City officials and forward one copy of it to the FAA for
approval, returning one executed copy to this office.
Imi # 1
AMEIVT • OF • CONTRACT
FAYETTEVILLE OFFICE
WOK N. COLLEGE AVE.
P.O. BOX 1229
FAYETJ'E VILLE. ARKANSAS ?2]031279
TELEPHONES (S01J 4434271/443 2377
'♦ 1.
Mr. Dale Frederick May 31, 1985
Airport Manager Page.......2
We look forward to advertising this project in the very near future as the
plans are nearly complete.
uy:ma
Enclosure
1
• \ •
I