HomeMy WebLinkAbout167-90 RESOLUTION•
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RESOLUTION NO. 'W7-qn
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A RESOLUTION APPROVING A ENGINEERING CONTRACT
WITH MCCLELLAND ENGINEERS FOR WORK RELATING TO
THE 36 INCH TRANSMISSION LINE PROJECT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute the basic engineering contract
with McClelland Consulting Engineers, Inc for work relating to the
36 inch transmission line project from the Beaver Water Treatment
Plant. A copy of the contract authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
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PASSED AND APPROVED this
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6th day of November
APPROVED:
, 1990.
By: 74///
Mayor
AGREEMENT TO FURNISH WATER SYSTEM ENGINEERING
SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS
BASIC AGREEMENT
This Agreement made this 6th day of November , between
the firm of McClelland Consulting Engineers, Inc., hereinafter
referred to as the ENGINEER, and the City of Fayetteville,
Arkansas, hereinafter referred to as the OWNER, wherein the
ENGINEER agrees to provide certain engineering services as defined
in Article 1 and for the consideration defined in Article 2, in
conformance with the schedule set forth in Article 3 herein.
ARTICLE 1
The OWNER has selected the ENGINEER to provide certain water
system engineering services to the OWNER. These services, when
requested by the OWNER, shall be described in specific TASK ORDERS
which will describe the specific project involved and will become
a part of this AGREEMENT after execution by both parties.
The services to be provided by the ENGINEER are anticipated to
include but not necessarily to be limited to the development of
detailed designs, plans, drawings, cost estimates, specifications,
bid solicitation, and construction observation/administration
related to the construction of a portion of a large diameter water
transmission main from the Beaver Water District (BWD) treatment
plant to the Fayetteville water distribution system; and water
storage facilities for the City of Fayetteville.
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ARTICLE 2
The compensation for: services. Ito be, provided. will be
determined under each TASK ORDER, based upon a negotiated scope of
work. It is understood, however, that the ENGINEER will perform
approximately one-half of the engineering services (based upon fee)
for the overall project, which 'includes the overall design,
detailed' design, and construction phase services for the large
diameter transmission main between BWD and Fayetteville, the
Fayetteville storage improvements, and ancillary 'services
pertaining to the overall project.
ARTICLE 3
The ENGINEER shall provide said services in conformance with a time
schedule which shall be set forth in each TASK ORDER, as
applicable.
ARTICLE 4
Payments to the ENGINEER for services provided as generally
described in Article 1 is to be made within 30 days after date of
billing. The amount due will be for services rendered during the
previous month unless prescribed differently in the TASK ORDER.
EXHIBIT A
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ARTICLE 5
It is further mutually agreed by the parties hereto:
5.1 That, the OWNER will designate a representative to direct and
coordinate the ENGINEER's effort who will be the only source of
instructions to the ENGINEER and who shall have the authority to
interpret the OWNER's policy as necessary to maintain the
ENGINEER's work schedule, administer the Agreement, and certify the
ENGINEER's payment request.
5.2 That, the OWNER shall make available to the ENGINEER all
technical data in the OWNER's possession, including maps, surveys,
borings, and other information required by the ENGINEER and
relating to his work.
5.3 That, the estimates of cost for the projects provided for
herein are to be prepared by the ENGINEER through exercise of his
experience and judgement in applying presently available cost data,
but it is recognized that the ENGINEER has no control over cost of,
labor and materials conditions, so he cannot warrant that the
project construction costs will not vary from his cost estimates.'
5.4 That, the ENGINEER's payroll 'cost is defined as the cost of
salaries of engineers, draftsmen, stenographers, surveyors, clerks,
laborers, etc., for time directly chargeable to the project, plus
Social Security contributions, employment compensation insurance,
payroll taxes, retirement benefits, medical and insurance benefits,
sick leave, vacation, bonus, and holiday pay.
5.5 That, the ENGINEER's Reimbursable Expenses are defined as the
costs incurred on or directly for the Project, other than the
payroll and general overhead costs. Such expenses shall be
computed on the basis of actual purchase price plus eight percent
(8%) for items obtained from commercial sources and on the basis of
usual commercial charges for items provided by the ENGINEER.
Direct expenses shall not include transportation costs except when
it becomes necessary to travel outside of the Northwest Arkansas
area.
5.6 That, in soils investigation work and in determining
subsurface conditions for the Project, the characteristics may vary
greatly between successive test points, and sample intervals. The
ENGINEER will perform this work in accordance with generally
accepted soils engineering practices and makes no other warranties,
expressed or implied, as to the professional advice provided under
the terms of this Agreement.
5.7 That, the ENGINEER shall maintain a level of competency
presently maintained by other practicing professional engineers in
the same type of work in the middle southwestern United States, for
the professional and technical soundness and accuracy of all
designs, drawings, specifications, and other work and materials
furnished under this Agreement.
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5.8 That, either party may terminate this Agreement at any time by
a notice in writing to the other party. If the Agreement is
terminated as provided herein, the ENGINEER will be paid for
services actually performed; the amount of said payment shall bear
the same ratio to the total compensation specified in the executed
task orders as the services actually performed bear to the total
services of the ENGINEER covered by the executed task orders, less
payments of compensation previously made.
5.9 That, the OWNER may, from time to time, request changes in the
scope of. the services of the ENGINEER to be preformed hereunder.
Such changes, including any increase or decrease in the amount of
the ENGINEER's compensation, which are mutually agreed upon by and
between the OWNER and the ENGINEER, shall be incorporated in
written amendments to this Agreement.
5.10 That, the OWNER, shall pay for all costs of publishing
advertisements for bids and for obtaining permits and licenses that
may be required by local, State, or Federal authorities and shall
secure the necessary land, easements and rights-of-way as described
by the ENGINEER.
5.11 That, all claims, counter -claims, disputes and other matters
in question between the OWNER and the ENGINEER arising out of or
relating to this Agreement or in the breach thereof, will be
decided by arbitration only if both parties hereto specifically
agree to the use of arbitration in regard to the individual matter
in dispute.
5.12 That, in the event of any legal or other controversy requiring
the services of the ENGINEER in providing expert testimony in
connection with the Project, except suits or claims by third
parties against the OWNER arising out of errors or omissions of the
ENGINEER, the OWNER shall pay the ENGINEER for services rendered in
regard to such legal or other controversy, on a basis to be
negotiated.
5.13 That, visits to the construction site and observations made by
the ENGINEER as part of his services shall not relieve the
construction contractor(s) of his obligation to conduct
comprehensive inspections of the work sufficient to ensure
conformance with the intent of the Contract Documents, and shall
not relieve the construction contractor(s) of his full
responsibility for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating and completing
all portions of the work under the construction contract(s) and for
all safety precautions needed to execute construction and
inspection.
5.14 That, the ENGINEER shall provide on-site observation personnel
and will make reasonable efforts to guard the OWNER against defects
and deficiencies in the work of the contractor(s) and to help
determine if the construction contract has been fulfilled.
Their day-to-day observation will not, however, cause the ENGINEER
to be responsible for those duties and responsibilities which
belong to the construction contractor(s) and which include, but are
not limited to, full responsibility for the techniques and
sequences of construction and the safety precautions incidental
thereto, and for performing the construction work in accordance
with the Contract Documents.
5.15 That, the ENGINEER has the right to subcontract services;
however, the OWNER has the right to reject Subcontractors who
perform work on the project in excess of $5,000.
5.16 All documents including drawings, specifications, estimates,
field notes and other data pertaining to the work or to the project
shall become the property of the OWNER. The OWNER shall not be
restricted in the subsequent use of the design, design documents or
ideas incorporated in the work. However, the ENGINEER shall bear
no responsibility for such reuse of the design unless specifically
agreed to in writing.
5.17 That, this Agreement is to be binding on the heirs,
successors, and assigns of the parties hereto and is not to be
assigned by either party without first obtaining the written
consent of the other.
ARTICLE 6
IN WITNESS. WHEREOF, the parties hereto each herewith subscribes the
same in triplicate:
FOR THE CITY 0)FAYETTEVILL
BY:.0.‘L‘./.7,40-49-45//6 'l/
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OWNER'S Project No. 90007-2010
Project:
CONTRACT AMENDMENT NO. 1
Dated: April 12, 1993
A. AL/.
' 43
ENGINEER'S Project No. FY902103
Fayetteville Water Transmission and Storage
ENGINEER: McClelland Consulting Engineers, Inc.
Contract For Water Transmission Main and Storage Facilities
Contract Date: November 6, 1990
To: McClelland Consulting Engineers, Inc.
Engineer
You are authorized to provide the amended scope of services noted below in the subject
Contract:
OWNER: City of Fayetteville
By:
%/ ? , 1993
Nature of the Changes: Provide additional engineering services as necessary due to the
relocation of water storage tank site.
Enclosures: Letter of Request,; dated August 31, 1991
These changes result in the following adjustment of Contract Price and Contract Time:
Contract Price Prior to This Amendment
Net Increase Resulting from this Amendment
Current Contract Price Including This Amendment
$ 741,577.00
$ 11,203.74
$ 752,780.74
The Above Changes Are Accepted: MCCLELLAND CONSULTING ENGINEERS, INC.
ENGINEER
By: (1 wL) ✓`x
Date:
, 1993
PROJECT: 3 211'
CITY OF FAYETTEVILLE
REVIEW FORM
tA:a7er L,h e T'hks
PROJECT MANAGER: S/ /✓orba.SA
DEPARTMENT/DIVISION: Cnjfnten n75 / j2 b edorh5
Please review the attached contract and/or change order between the City of Fayetteville and
Mc. Cie //a," " tem six / any, nee rs
Approval Signature
City Attorney
Purchasing Manager
Budget Coordinator
Internal Auditor
Date Comments
ADA Coordinator i211^\I,5 " `�•
Ace- ,u.wtMa+kader L"%tit4).6
Department Director
A d m tni strattv}. Services
Mayor
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6
FAYETTE`I LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Kevin Crosson, Public Works Director
Thru: Don Bunn, City Engineer
From: Sid Norbash, Staff Engineer �..✓
Date: November 2, 1993
Re:
36" Water Transmission Line and Tanks -
Amendment to the Engineering Contract
with McClelland Consulting Engineers
In reference to the above mentioned project, some extra work was
necessitated by the change in tank sites from the originallsite,
listed in the Water System Study, to the final tank site location
determined later.
This change was made to avoid costly condemnation of the selected
site, and to take advantage of the availability of an alternate
site which resulted in a favorable settlement.
The extra work involved surveying , aerial photography, evaluation
of tank sites, access road design, and alternative waterline
routing studies. a
The Engineering Staff has been considering adding steel, and
concrete pipes as other alternates to the design of the second
phase of this project, and there are additional engineering fees
involved with this change which will require a second amendment to
the contract.
Since there is a second amendment involved, it was mutually agreed
upon by McClelland and the City Engineering Staff to take both
amendments at the same time before the council for approval.
However, the addition of steel pipe and the cathodic protection
questions are still being addressed by the engineering staff and
may be a while until final conclusions are drawn.
McClelland has requested that Amendment Number 1 be approved
separately and payment be made at this time. Since the amount of
the request is under $20,000, this request is being submitted for
the Mayor's approval. Amendment Number 2 will be submitted for
approval at a later date should it materialize.
Attached please find Amendment Number One to the Engineering
Contract with McClelland Consulting Engineers, along with the
explanation for the extra expenses. This amendment is in the amount
of $11,203.74 and is for the extra engineering work performed by
McClelland.
The Staff has reviewed the documents, and it is our recommendation
that McClelland be paid the $11,203.74 for the extra engineering
involved, which was not part of the original scope of the contract.
The funds for this contract amendment are available from the Water
& Sewer Fund, from unobligated monies budgeted for the 36" Water
Transmission Line Project.
SN/sn
attachments
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McClelland Consulting Engineers, Inc.
P. 0. Box 1229, Fayetteville, Arkansas 72702-1229
(501) 443-2377 FAX (501) 443-9241
August 31, 1992 FY902103
Mr. Don Bunn
City Engineer
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
RE: Request for Additional Compensation.
Water Transmission/Storage Project.
Dear Mr. Bunn:
Reference is made to the recent meeting convened in our office to
discuss the tentative schedule for bidding/constructing the project
captioned above. You may recall that I mentioned to you the
likelihood that our firm would be requesting additional fees for
work/materials beyond those upon which our price proposal was
based. The extra work can be categorized as follows:
1. Additional aerial photography - $ 4,700.00
2. Additional access road design - $ 4,858.84
3. Evaluation of alternative tank
sites, pipelineroutes, and
access road routes - $ 912.74
4 Additional boundary surveying
for alternative tank site - $ 732.16
TOTAL ADDITIONAL FEE REQUESTED $11,203.74
Further elaboration/justification for this request is as follows:
1. Additional Aerial Photography:
The original tank site access road and pipeline access
route had already been photographed, so that plan sheets
could have been prepared for the tank site topo, pipe
line route and access road route. When the tank site was
subsequently moved, it became necessary to order new
aerial photography, and due to the longer access road
(3,744 ft designed vs 1,300 ft to the original site) it
was necessary to have more aerial plan sheets prepared
for the access road plans. A total of $7,400 was
expended for the required aerial photography work. Of
this, $4,700 is estimated to be due to having to re -fly
the site and prepare extra sheets. In other words, MCE
would have expected to spend approximately $2,700 on
photo plan sheets produced from the aerial photography on
the original site.
Conclusion: $4,700 Additional Direct Expense for
Aerial Photo and Plan Sheet Work.
Mr. Don Bunn August 31, 1992
City of_Fayetteville Page 2
2 Additional Access Road Design:
The original site was to be accessed by a 1,300 foot
roadway, most of which was to follow an existing private
drive. Instead, the final site actually required that a
3,744 foot road be designed through an undeveloped area.
Actual engineering design time on this particular part of
the project was 66 hours. Based on the footage ratio of
the 1,300 LF/3,744 LF, 43 hours should be allocated for
the extra roadway length. The contractual Hourly Rate
Schedule (Exhibit A) lists $42.28 for "Civil Engineers",
therefore, the additional road design costs (please note
that only reimbursement of "costs" are being requested;
no mark-up for additional. profit) are: 43 x $42.28 =
$1,818.04.
The access road drawings required 4 plan sheets to
illustrate the 3,744 foot road. The original roadway of
1,300 feet could have been drawn on 11/2 sheets. AT MCE's
historical average of 16 hours drafting per sheet, the
total extra time for drafting would be 40 hours. The
work was done by a senior draftsman at $31.58/hr for a
cost of $1,263.20 (40 x $31.58 = $1,263.20).
Additional plan review time for the access road by the
Project Manager required 4 hours @ $62.90 = $241.60.
Additional survey time for the access road was estimated.
MCE had originally allowed for a 2,000 foot roadway
survey at a surveying fee of $1,750. (The actual footage
surveyed was 3,744. Therefore, on prorated footage
basis, the extra surveying costs amounted to
approximately $1,526.00. ($1,750/2,000 LF x $3,744 LF =
$3,276; $3,276 - $1,750 = $1,526)).
Total Access Road Additional Costs Design $1,818.04
Drafting 1,263.20
Plan Review 251.60
Surveying 1,526.00
Sub -Total $4,858.84
3 Evaluation of Alternative Tank Sites, Pipeline Routes, and
Access Road Routs.
Hours charged as "Additional Work" concerning evaluation
of alternative tank sites, alternative pipeline routes,
alternative access road routes:
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Mr. Don Bunn
City of Fayetteville
Principal Engineer
Project Manager
Chief Draftsman
Senior Draftsman
August 31, 1992
Page 3
6 hrs @ $82.22/hr
5 hrs @ $62.90/hr
1 hr @ $41.76/hr
2 hrs @ $31.58/hr
Sub -total
$493.32
$314.50
= $ 41.76
= $ 63.16
$912.74
4.. Additional Boundary Surveying for Alternative Tank Site.
Due to the new tank site being more heavily wooded. and
more remote from established surveying monuments, an
additional 11 hours was required for a 3 -man survey crew,
resulting in a cost increase of $732.16 (11 x $66.56 =
$732.16).
We have based our request upon the Hourly Rate Schedule of costs
(not including profit) in Exhibit A of our Contract. No "mark-up"
on additional aerial photography is being requested. We trust that
youwillfind our request tobe reasonable and will instruct us
regarding the preferred approach to formalizing an agreement for
additional compensation (for instance, we can prepare an additional
Task Order for this work if need be.)
Certainly, we are available at your convenience to discuss this
matter further. Meanwhile, we have appreciated the cordial
assistance offered by your staff throughout this project and look
forward to successfully completing our work in a timely manner.
Sincerely yours,
McCLELLAND CONSULTING ENGINEERS, INC.
C. Quinn, P.E.
Vice President
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