HomeMy WebLinkAbout25-86 RESOLUTION•
4
RFSOIDTION NO.* 25-85 •
A RESOLUTION AUTHORIZING THE MAYOR AND CITY C1FRK
TO EXECUTE A CONTRACT WITH McCLELLAND ODNSULTING
ENGINEERS, INC. FOR ENGINEERING SERVICES TO CONSTRUCT
TAXIWAY/RUNWAY IMPROVEMENTS, APRON EXPANSION AND
LIGHTING AT DRAKE FIELD.
•
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE,
ARK SAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute a contract with McClelland Consulting Engineers, Inc. for
engineering services to construct taxiway/runway improvements, apron
expansion and lighting at Drake Field. A copy of the contract authorized
for execution hereby is attached hereto marked Exhibit "A" and made
a part hereof.
PASSED AND APPROVED this 18th day of February , 1986.
10.
°tt
*tt�l•i 1erk (�/f
APPROVED
Mayor
•
•
•
SECTION 1 - BASIC SERVICES OF ENGINEER
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 (Not Applicable)
1.3 Preliminary Design Phase
After written authorization, ENGINEER shall:
1.3.1 In consultation with OWNER determine the extent of the Projects.
1
1.3.2 Prepare separate Preliminary Engineering Reports consisting of
presentations of design criteria in formats specified by the Federal
Aviation Administration (FAA).
1.3.3 Based on the information contained in the Preliminary Engineering
Reports, submit opinions of probable Project Cost.
1.3.4 Furnish five copies of the above Preliminary Engineering Reports for
the OWNER's and FAA's review.
{
The duties and responsibilities of ENGINEER during the Preliminary Design
Phase are amended and supplemented as indicated in Exhibit A "Further
Description of Basic Engineering Services and Related Matters".
1.4 Final Design Phase
After written authorization to proceed with the Final Design Phase,
ENGINEER shall:
1.4.1 On the basis of the accepted Preliminary Engineering Reports and the
opinions of probable Project Cost, prepare for incorporation of the
Contract Documents final drawings to show the character and extent of the
Projects (hereinafter called "Drawings") and Specifications.
1.4.2 Furnish to OWNER such documents and design data as may be required
so that OWNER may apply for approvals of such governmental authorities as
have jurisdiction over design criteria applicable to the Projects.
1.4 3 Advise OWNER of any adjustments to the latest opinions of probable
Project Cost caused by changes in extent or design requirements of the
Projects or Construction Costs 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 bid forms, invitations to bid and
instructions to bidders.
2
•
1.4.5 Furnish five copies of the above documents and present and review
them in person with OWNER and FAA.
The duties and responsibilities of ENGINEER during the Final Design Phase
are amended and supplemented as indicated in Exhibit A "Further Description
of Basic Engineering Services and Related Matters".
1.5 Bidding Phase
After written authorization to proceed;with each Bidding Phase, ENGINEER
shall:
1
1.5.1 Assist OWNER in obtaining bids for construction.
1.5.2 Consult with and advise OWNER as to the acceptability of
subcontractors and other persons and organizations proposed by the prime
contractor (hereinafter called "Contractor") 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.
1.5.4 Assist OWNER in evaluating bids or proposals and in assembling and
awarding contracts.
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 as assigned in said Standard General Conditions shall not be
modified, except to the extent provided in paragraph 6 of Exhibit A
"Further Description of Basic Engineering Services and Related Matters" and
except 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 except as otherwise provided in the
aforementioned Exhibit A.
1.6.2 Make visits to the site at intervals appropriate to the various
stages of construction to observe 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 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 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
-3-
•
defects and deficiencies in such work and may disapprove or reject work
failing to conform to the Contract Documents.
1.6.3 Review 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.
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 functioning Projects upon Substantial Completion, to the results of
any subsequent tests called for in the Contract Documents, and to any
qualifications stated in hisrecommendation), and that payment in the
amount recommended is due Contractor(s).
1.6.6 Conduct an inspection to determine if the Projects are substantially
complete and 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 Contractors
that the work is acceptable (subject to any conditions therein expressed).
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
- 4 -
•
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.
1.6.8 Prepare for OWNER, on request, a set of reproducible record prints
of Drawings showing those changes made during the construction process,
based on the marked -up prints, drawings, and other data furnished by
Contractor(s) to ENGINEER and which ENGINEER considers significant. Two
sets of record prints will be included with Basic Services.
1.6.9 A Resident Project Representative will be furnished and will act as
directed by ENGINEER in order to assist ENGINEER in observing performance
of the work of Contractor(s). Through more extensive on-site observations
of the work in progress and field checks of materials and equipment by the
Resident Project Representative and assistants, ENGINEER shall endeavor to
provide further protection for OWNER against defects and deficiencies in
the work of Contractor(s); but the furnishing of such resident Project
representation will not make ENGINEER responsible for construction means,
methods, techniques, sequences or procedures or for safety precautions or
programs, or for Contractor(s)' failure to perform their work in accordance
with the Contract Documents.
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
2.1 General
• If authorized in writing by OWNER, ENGINEER shall furnish or obtain from
others Additional Services of the following types which are not considered
normal or customary Basic Services except to the extent provided otherwise
in Exhibit A "Further Description of Basic Engineering Services and Related
Matters"; these will be paid for by OWNER AS INDICATED in Section 5.
2.1.1 Preparation or review of environmental assessments and impact
statements, review and evaluation of theeffect on the design requirements
of the Project of any such statements and documents prepared by others; and
assistance in obtaining approvals of authorities having jurisdiction over
the anticipated environmental impact of the Projects.
2.1.2 (Not Applicable).
2.1.3 Services resulting from significant changes in extent of the
Projects or their design including, but not limited to, changes in size,
complexity, OWNER's schedule, or character of construction or method of
financing; and revising previously accepted studies, reports, design
documents or Contract Documents when such revisions are due to causes
beyond ENGINEER's control.
2.1.4 Providing renderings or models for OWNER's use.
2.1.5 Preparing documents for alternate bids requested by OWNER for
Contractor(s)' work which is not executed or documents for out -of -sequence
work.
•
- 5
•
2.1.6 Investigations involving detailed consideration of operations,
maintenance and overhead expenses; providing Value Engineering during the
course of design; the preparation of feasibility studies, cash flow and
economic evaluations, rate schedules and appraisals; assistance in
obtaining financing for the Projects; evaluating processes available for
licensing and assisting OWNER in obtaining process licensing; detailed
quantity surveys of material, equipment and labor; and audits or
inventories required in connection with construction performed by OWNER.
2.1.7 Furnishing the services of special consultants for other than the
normal civil, structural, and electrical engineering incidental thereto,
and providing data or services of the types described in paragraph 3.3 when
OWNER authorizes ENGINEER to provide such data or services in lieu of
furnishing the same in accordance with paragraph 3.3.
2.1.8 Services resulting from the award of more separate prime contracts
for construction, materials, equipment or services for the Projects and
services resulting from the arranging for performance by persons other than
the principal prime contractors of services for the OWNER and administering
OWNER's contract for such services.
2.1.9 Providing special field surveys other than baseline staking for the
Contractor's orientation.
2.1.10 Services in connection with change orders to reflect changes
requested by OWNER if the resulting change in compensation for Basic
Services is not commensurate with the additional services rendered,
services after the award of each contract in evaluating substitutions
proposed by Contractor(s), and in making revisions to Drawings and
Specifications occasioned thereby, and services resulting from significant
delays, changes or price increases occurring as a direct of indirect result
of material, equipment or energy shortages.
2.1.11 Services during out-of-town travel required of ENGINEER other than
visits to the site as required by Section 1.
2.1.12 (Not Applicable).
2.1.13 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 the contract time of any prime contract by more than sixty
calendar days, (4) acceleration of the progress schedule involving services
beyond normal working hours, and (5) default by Contractor(s).
2.1.14 (Not Applicable).
2.1.15 Services after completion of the Construction Phase, such as
inspections during any guarantee period and reporting observed
discrepancies under guarantees called Lfor in any contracts for the
Projects.
2.1.16 Preparing to serve or serving as a consultant or witness for OWNER
in any litigation, public hearing or other legal or administrative
proceeding involving the Projects (except as agreed to Under Basic
Services).
2.1.17 Additional services in connection with the Projects, including
services normally furnished by OWNER and services not otherwise provided
for in this Agreement.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall:
3.1 Provide all criteria and full information as to OWNER's requirements
for the Projects, including design objectives and constraints, space,
capacity and performance requirements, flexibility and expandability, and
any budgetary limitations; and furnish copies of all design and
construction standards which OWNER will require to be included in the
Drawings and Specifications.
3.2 Assist ENGINEER by placing at his disposal all available information
pertinent to the Projects including previous reports and any other data
relative to design or construction of the Projects.
3.3 Furnish to ENGINEER, as required for performance of ENGINEER's Basic
Services (except to the extent provided otherwise in Exhibit A "Further
Description of Basic Engineering Services and Related Matters"), data
prepared by or services of others, including without limitation core
borings, probings and subsurface explorations, laboratory tests and
inspections of samples, materials and equipment, appropriate professional
interpretations of all of the foregoing; environmental assessment and
impact statements; zoning, deed and other land use restriction; and other
special data or consultations not covered in Section 2; all of which
ENGINEER may rely upon in performing his services.
3.4 (Not Applicable).
3.5 Arrange for access to and make all provisions for ENGINEER to enter
upon public and private property as required for ENGINEER to perform his
services.
3.6 Examine all studies, reports, sketches, Drawings, Specifications,
proposals and other documents presented by ENGINEER, obtain advice of an
attorney, insurance counselor and other consultants as OWNER deems
appropriate for such examination and render in writing decisions pertaining
thereto within a reasonable time so as not to delay the services of
ENGINEER.
7
3.7 Furnish approvals and permits from all governmental authorities having
jurisdiction over the Projects and such approvals and consents from others
as may be necessary for completion of the Projects.
3.8 Provide such accounting, independent cost estimating and insurance
counseling services as may be required for the Projects, such legal
services as OWNER may require or ENGINEER may reasonably request with
regard to legal issues pertaining to the Projects including any that may be
raised by Contractor(s), such auditing service as OWNER may require to
ascertain how or for what purpose any Contractor has used the moneys paid
to him under the construction contract, and such inspection services as
OWNER may require to ascertain that Contractor(s) are complying with any
law, rule or regulation applicable to their performance of the work.
3.9 Designate in writi
respect to the services
shall have complete
information, interpret
respect to materials,
ENGINEER's services.
ng a person to act as OWNER's representative with
to be rendered under this Agreement. Such person
authority to transmit instructions, receive
and define OWNER'S policies and decisions with
equipment, elementsand systems pertinent to
3.10 Give prompt written notice to ENGINEER whenever OWNER observes or
otherwise becomes aware of any development that affects the scope or timing
of ENGINEER's services, or any defect in the work of Contractor(s).
3.11 Furnish, or direct ENGINEER to provide, necessary Additional Services
as stipulated in Section 2 of this Agreement or other services as required.
3.11.1 Obtain the necessary lands, easements and rights of way for the
construction of the work.
3.11.2 Pay the cost of making necessary soundings, borings, analyses of
materials and laboratory work exclusive of the ENGINEER'S supervision
thereof.
3.11.3 Pay all plan review costs and all cost of advertising in connection
with the Projects.
3.12 Bear all costs incident
Section 3.
to compliance with the requirements of this
3.13 The following Exhibits are attached to and made a part of this
Agreement.
3.13.1 Exhibit A "Further Description of Basic Engineering Services and
Related Platters" consisting of four (4) pages.
3.13.2 Exhibit B "Compensation and Schedule of Payments" consisting of
four (4) pages.
3.13.3 Exhibit C "Certification of Engineer" consisting of one (1) page.
8
3.14 This Agreement (consisting of pages 1 - 15, inclusive), together with
the Exhibits and schedules identified above constitute the entire agreement
between OWNER and ENGINEER and supersede all prior written or oral
understandings. This Agreement and said Exhibits and schedules may only be
amended, supplemented, modified or cancelled by a duly executed written
instrument.
SECTION 4 - PERIOD OF SERVICE
4.1 The provisionsof this Section 4 and the various rates of compensation
for ENGINEER's services provided for elsewhere in this Agreement have been
agreed to in anticipation of the orderly and continuous progress of each
Project through completion of the Construction Phase. ENGINEER's
obligation to render services hereunder will extend for a period which may
reasonably be required for the design, award of contracts and construction
of the Projects including extra work requiring extensions thereto.
4.2 (Not Applicable).
4.3 ENGINEER shall proceed with the performance of the services called for
in the Preliminary Design Phase, and shall submit the Preliminary
Engineering Report and an opinion of probable Project Cost within the
stipulated period indicated in Exhibit A "Further Description of Basic
Engineering Services and Related Matters" after authorization to proceed
with that phase of services.
4.4 After acceptance by OWNER and FAA of the Preliminary Design Phase
documents indicating any specific modifications or changes in the extent of
the Projects desired by OWNER, and upon written authorization from OWNER,
ENGINEER shall proceed with the performance of the services called for in
the Final Design Phase; and shall deliver Contract Documents within the
stipulated period indicated in Exhibit A "Further Description of Basic
Engineering Services and Related Matters" after authorization to proceed
with that phase of services.
4.5 ENGINEER's services under the Preliminary Design Phase and Final
Design Phase shall each be considered complete when the submissions for
that phase have been accepted by OWNER.
4.6 After acceptance by OWNER of the ENGINEER's Drawings, Specifications
and other Final Design Phase documentation and upon authorization to
proceed, ENGINEER shall proceed with performance of the services called for
in the Bidding Phase. This Phase shall terminate and the services to be
rendered thereunder shall be considered complete upon commencement of the
Construction Phase.
•
4.7 The Construction Phase will commence with the execution of the first
prime contract to be executed for the work of the Project and will
terminate upon written approval by ENGINEER of final payment on the prime
contract to be completed.
•
4.8 If OWNER has requested significant modifications or changes in the
extent of the Project, the time of performance of ENGINEER's services and
his various rates of compensation shall be adjusted appropriately.
4.9 If OWNER fails to give prompt written authorization to proceed with
any phase of services after completion of the immediately preceding phase,
or if the Construction Phase has not commenced within 120 calendar days
after completion of the Final Design Phase, ENGINEER may, after giving
seven days' written notice to OWNER, suspend services under this Agreement.
4.10 If ENGINEER's services for design or during construction of the
Project are delayed or suspended in whole or in part by OWNER for more than
three months for reasons beyond ENGINEER's control, ENGINEER shall on
written demand to OWNER (but without termination of this Agreement) be paid
as provided to paragraph 5.3.2. If such delay or suspension extends for
more than one year for reasons beyond ENGINEER's control, or if ENGINEER
for any reason is required to render services more than one year after
Substantial Completion, the various rates of compensation provided for
elsewhere in this Agreement shall be subject to renegotiation.
4.11 (Not Applicable).
•
SECTION 5 - PAYMENTS TO ENGINEER
5.1 Methods of Payment for Services and Expenses of ENGINEER
5.1.1 For Basic Services. OWNER shall pay ENGINEER for Basic Services
rendered under Section 1, paragraphs 1.3 through 1.5 (as amended and
supplemented by Exhibit A "Further Description of Basic Engineering
Services and Related Matters") for:
a) Project I: a lump sum fee of $12,555.00
b) Project II: a lump sum fee of $16,520.00.
($6,550 allocated to runway strengthening/overlay)
5.1.2 For Construction Management Services. OWNER shall pay ENGINEER for
construction management services rendered under Section 1, paragraph 1.6
for:
a) Project I: a lump sum fee of $4,065.00
b) Project II: a lump sum fee of $5,100.00.
($2,040 allocated to runway strengthening/overlay)
5.1.3 For Resident Services During Construction. OWNER shall pay ENGINEER
for construction phase services rendered under Section 1, paragraph 1.6.9,
- 10 -
•
on an hourly rate basis. Field observation shall be payable at a rate of
$29.00/hour. Other disciplines shall be billed at Direct Labor times a
multiplier of 2.78 (which includes overhead and profit). The total fee for
field observation shall not exceed the following amounts, provided that the
construction work is performed within the noted number of working days, as
will be allotted in the contract specifications:
a) Project I: Hourly, not to exceed $20,880.00 based on 90
working days.
b) Project II: Hourly, not to exceed $20,880.00 based on 90
working days. (Approximately $4,175 allocated to runway
strengthening/overlay).
5.1.4 Construction Materials Testing. OWNER shall pay ENGINEER, in
addition to other construction service fees stipulated hereinbefore, for
construction materials testing on a unit price basis. The total fee for
construction materials testing shall not exceed the following amounts
unless approved in writing by the OWNER:
a) Project I: Unit prices, not to exceed $3,200.00
b) Project II: Unit prices, not to exceed $10,500.00.
(Approximately $6,300 allocated to runway
strengthening/overlay).
5.1.5 For Additional Services. OWNER shall pay ENGINEER for Additional
services rendered under Section 2 as follows:
5.1.5.1 General. For Additional Services rendered under paragraphs 2.1.1
through 2.1.17, inclusive on the basis of Direct Labor Costs times a factor
of 2.78 for services rendered by principals and employees assigned to the
Project.
5.1.5.2 (Not Applicable).
5.1.5.3 (Not Applicable).
5.1.6 Reimbursable Expenses. In addition to payments provided for in
paragraphs 5.1.1 through 5.1.5, OWNER shall allow ENGINEER to recoup the
actual costs of reproducing the Plans and Specifications by charging the
prospective bidders a fee for sets of bid documents.
5.2 Times of Payments
5.2.1 ENGINEER shall submit statements for services rendered in accordance
with Exhibit B, attached hereto. OWNER shall make prompt monthly payments
in response to ENGINEER's monthly statements.
•
5.3 Other Provisions Concerning Payments.
5.3.1 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 or
the maximum rate allowed by law, whichever is less, from said sixtieth day,
and in addition, ENGINEER may, after giving seven days written notice to
OWNER, suspend services under this Agreement until he has been paid in full
all amounts due him for services and expenses.
5.3.2 In the event of termination by OWNER under paragraph 7.1 upon the
completion of any phase of the Basic Services, progress payments due
ENGINEER for services rendered through such phase shall constitute total
payment for such services.
5.4 Definitions
5.4.1 The Payroll Costs used as a basis for payment mean salaries and
wages (basic) paid to all personnel engaged directly on the Project,
including, but not limited to, engineers, architects, surveyors, designers,
draftsmen, specifications writers, estimators, other technical personnel,
stenographers, typists and clerks.
SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1 Construction Cost.
The construction cost of the entire Projects (herein referred to as
"Construction Cost") means the total cost of the entire Projects to OWNER,
but it will not include ENGINEER's compensation and expenses, the cost of
land, rights-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.
6.2 Opinions of Cost
6.2.1 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 ENGINEERcannotand does not guarantee that proposals, bids or actual
Project or Construction Cost will not vary from opinions of probable cost
prepared by him. If prior to the Bidding or Negotiating Phase OWNER wishes
greater assurance as to Projects or Construction Cost he shall employ an
independent cost estimator as provided in paragraph 3.8.
- 12 -
•
• SECTION 7 --GENERAL CONSIDERATIONS
•
7.1 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.
7.2 Reuse of Documents
All documents including Drawings and Specifications prepared by ENGINEER
pursuant to this Agreement shall become the property of the OWNER.
However, the ENGINEER represents these documents to be applicable only to
the work covered hereunder.
7.3 Controlling Law
This Agreement is to be governed by the law of the State of Arkansas.
7.4 Successors and Assigns
7.4.1 OWNER and ENGINEER each binds himself and his partners, successors,
executors, administrators, assigns and legal representatives to the other
party to 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.
7.4.2 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 moneys that are due) this Agreement without the written
consent of the other, except as stated in paragraph 7.4.1 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 services hereunder.
7.4.3 Nothing herein shall be construed to give any rights or benefits
hereunder to anyone other than OWNER and ENGINEER.
- 13 -
. SECTION 8 - SPECIAL PROVISIONS, EXHIBITS and SCHEDULES.
8.1 This Agreement is subject to the following special provisions.
8.1.1 Access to the Records. 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 doing work under this
Contract which are directly pertinent to a specific grant program for the
purpose of making audit, examination, excerpts, and transcriptions.
•
•
8.1.2 Insurance. ENGINEER shall secure and maintain such insurance as
will protect him from claims under the Arkansas Workmen's Compensation Act
and from claims for bodily injury, death, or property damage which may
arise from the performance of his services under this contract. ENGINEER
shall file certificates of insurance required hereby with OWNER before
commencing work hereunder.
8.1.3 Equal Opportunity Provisions. During the performance of this
Contract, the ENGINEER agrees as follows:
8.1.3.1 The ENGINEER will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The ENGINEER will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
ENGINEER agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Contracting
Officer setting forth the provisions of this nondiscrimination clause.
8.1.3.2 The ENGINEER will, in all solicitations or advertisements for
employees placed by or on behalf of the ENGINEER, state that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
8.1.4 Conflict of Interest
8.1.4.1 Interest of OWNER. No officer, employee, or agent of the OWNER
who exercises any functions or responsibilities in the review or approval
or in connection with the carrying out of the project to which this
- 14 -
•
Contract pertains shall have any personal interest, direct or indirect in
this Contract.
8.1.4.2 Interest of Certain Federal Officials. No member of or delegate
to the Congress of the United States, and no Resident Commissioner, shall
be admitted to any share or part of this Contract or to any benefit to
arise herefrom.
8.1.4.3 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 an 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.
IN WITNESS WHEREOF, the parties have made and executed this Agreement as of
the day and year first above written.
ENGINEER:
I4cCLELLAND CONSULTING GIN ERS
/ y
B'r C e
a es E. McClelland P.E.
President
Date. :e2(51140
OWNER:
INCS CITY -42F FAYETTEVILLEE
(
(SEAL)
Attest:
By:
Date
l 9P)(e
a�efaeQ.X
immmt
I()) t 3 Ne
- 15 -
Date: Lined,! 1
(SEAL)
Attest:
By:
Date:
EXHIBIT A
TO
AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES
DATED
WORKPLAN
Both projects 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 earlier applications for grants, MCE developed a layout for
the proposed improvements, as well as a cost estimate. We have discussed
this information with the FAA and will forward the Preliminary Engineering
Report for Project I to FAA (including required design criteria presented
in a format acceptable to FAA) within 24 hours of the City's "verbal
notice" that MCE has been selected to do the work. The preliminary
engineering phase for Project I, including FAA's concurrence, should
require less than one week.
The Preliminary Engineering for Project II is expected to be performed
somewhat after that for Project I has been completed, to be certain of
grant funding, FAA requirements, etc. However, it will be expedited as
with Project I. The entire process will take no longer than one week from
the date of FAA's/Owner's authorization to proceed.
Detailed Engineering
Immediately following the approval of the Preliminary Engineering Report
for each Project, MCE will complete the preparation of detailed plans and
specifications. The detailed design phase will consist of three tasks, as
follows:
o Assessment of Soils Characteristics. In order to aid in
proper subsurface, base, and paving design and to insure
optimum project longevity, it is essential that the designer
have a thorough understanding of the characteristics of
on-site soils. MCE has completed detailed soils
investigations over all parts of the Drake Field site,
A-1
•
including the existing apron adjacent to the proposed
improvements. Thus, we thoroughly understand the site soils
situation and will apply this knowledge in the selection of
the most suitable subsurface soil. Our approach 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
costs or in inadequate designs and higher maintenance costs.
Topographic Surveys. As a part of previous projects
completed at Drake Field and in anticipation of future
project needs, MCE has previously had topographic maps
developed for the proposed improvement areas. These maps,
supplemented by minimal field surveying efforts, will serve
as a basis for completing the required detailed plans and
specifications.
o Detailed Plans and Specifications. Using the previously
discussed soils investigation and topographic survey
information as a basis, detailed plans and specifications
will be prepared for the proposed improvements. The plans
and specifications 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.
Upon completion, the Plans and Specifications for Project I will be hand
carried to the FAA for immediate review and comment. We have discussed
this quick turn -around with FAA personnel and have been told that it can be
arranged to have the plans reviewed on the same day that they are
delivered. This will help to expedite the overall project completion.
Plans and Specifications for Project II will be expedited in a similar
manner to meet schedule requirements.
This phase will be completed by Mr. Wayne Jones, with assistance from Mr.
Charles McLaughlin, Mr. Larry Smith, and Mr. Larry Whitehorn.
It is estimated that the detailed design for each Project will require
approximately four and one-half weeks, including FAA review.
Bidding
Following the completion of the Plans and Specifications for each Project
and final approval by the City and FAA, the project will be advertised for
receipt of bids.
A-2
•
•
•
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.
This phase will be completed by Mr. Wayne Jones. The bidding phase for
each Project will require approximately four weeks.
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 full-time construction observation services, as
required by FAA; and construction management services. These services will
include submittal of monthly Contractor progress reports and payment
requests throughout the construction period, and providing technical
assistance to our resident observer as necessary.
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:
o Airport personnel
o FAA 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 full time basis and construction management
services as required by the FAA. Additionally, MCE will provide
construction materials testing through our ESCOM Laboratories Division as
deemed necessary.
Upon completion of the construction of each Project by each respective
Contractor, MCE will perform a final inspection with the City and FAA and
make a recommendation regarding final acceptance, as deemed appropriate.
Subsequent to the final acceptance of the project, MCE will prepare
as -built drawings.
This phase will be completed by Mr. Larry Whitehorn, with assistance from
Mr. Randy Galbraith. It is estimated that the construction phase for each
Project will require sixteen weeks.
A-3
SCHEDULE
Each project will be completed in accordance with the following schedule
from the issuance of separate Notices -to -Proceed by the City of
Fayetteville:
A) Project I:
o Preliminary Design - 1 day
o Detailed Design 41 weeks
o FAA Review/Revisions - - 1 week
o Bidding - 4 weeks
o Construction - 16 weeks
o Total Project 251 weeks
B) Project II:
o Preliminary Design - 1 week
o Detailed Design 41 weeks
o FAA Review/Revisions - 1 week
o Bidding - 4 weeks
o Construction 16 weeks
o Total Project
261 weeks
It is pointed out that MCE has no control over the Contractor's schedule
nor weather and, thus, guarantees of the 16 week construction period cannot
be made. However, based upon reasonable material delivery schedules and
good weather, 16 weeks should be ample time for the construction of each
project.
A-4
-1
•
EXHIBIT B
TO
AGREEMENT BETWEEN OWNER AND ENGINEER
FOR PROFESSIONAL SERVICES
DATED
COMPENSATION AND SCHEDULE OF PAYMENTS
1. This is an exhibit attached to and made a part of the Agreement dated
, between City of Fayetteville (OWNER) and
McClelland Consulting Engineers, Inc. (ENGINEER) providing for
professional engineering services. The Services of ENGINEER as
described in the Preamble and Section 1 of the said Agreement are
amended or supplemented as indicated below.
2. This work is to be performed in conjunction with a Federal Aviation
Administration Grant Agreement.
3. Compensation for Engineering services:
A) Project I:
1) A fee of $16,620 is to be paid in accordance with the
following schedule:
The sum of $12,555 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 $1,000 shall be due and payable upon
issuance by the OWNER of the Notice to Proceed on
the Construction Contract.
c) The sum of $3,065 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.
2) An approximate sum of $20,880 will be due and payable in
monthly installments, based upon time expended by the
Resident Project Representative during the construction
B-1