Loading...
HomeMy WebLinkAbout85-91 RESOLUTIONMICROFILMED RESOLUTION NO. Rs -01 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS FOR RUNWAY/TAXIWAY LIGHTING RENOVATION AND APPROVAL OF A BUDGET ADJUSTMENT. 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 a contract with McClelland Consulting Engineers for runway/taxiway lighting renovation not to exceed $52,820.16. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2 adjustment in Balance, Acct. Project, Acct adjustment for The Board of Directors hereby approves a budget the amount of $16,167.00 from the Airport Fund No. 555-000-1-800.99 into the Lighting Renovation No 555-393-7-82*.**. A copy of the budget approval is attached hereto and made a part hereof. PASSED AND APPROVED this 7th day of May', 1991. APPROVED: By: • ATTEST: 6 F By St I(a��4���y�Jy (/ jl ': Amor . 5'r.ts / . Ly i a tF/OOF r�i� i ta o s STREET 31 I fa Ir- A11 � K I0 co0 c 4C gene ur 1 {//4Gotr,oa) 0 Sire .a- 9 1 41 • lei • ni 1 • N • JOYCE ST. �l iI is! lOa • •l :721 •1 f1fi LLERN RD. •":1 • :• a 61RDIE DR. e C 1 l/\ TMIAR DR. 0- • Cw 1 - ELAINE AVENUE Q. a n IW - W e e- M �N. c SHARON ST. L 0. D o EwNawY Fun °J z W a RD. IN01 -- / ta x 97. .� ERROL ST ERROL ST. FURMAN. 9L } DRIVE 1 WARWICK DR. 1 eo 2 • 0 O W !9 w IANC R MT] VIW NES S7 0 4 0 az 0 0 • • • vLLE, u enSEncJvr VIS aArieil% Zecitr/4v MsIP 14 7. 2' (f. m. ) N 89°17'28"E 1zi W 2 W K H p O W V In QG J▪ \ I 0 0�5b > V ✓ =1 P 5 � 1 N1_ Z 25' 3' x 4' A.C. a NOTE: UTILITY 146.8' (p.) to Oi EXISTING 50' WATER LINE 0 ° EASEME S 89°17' 28" W 145.01 (f.m.) denotes field measurement. (p.) denotes original plat. ': 30• SURVEY DESCRIPTION Lot Three (3), Block Two (2), Paradise View Estates, a Subdivision to the City of Fayetteville, Arkansas, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. LESS AND EXCEPT the North 5 feet of said Lot 3. Buyers. James A. Standridge and Ruth G. Standridge Sellers: Jerry Pullen and Lisa Pullen Hemingway & Associates 70 N. College Ave., Suite 15 Fayetteville, Arkansas 72701 Phone: (501) 442-4962 NAME CERTIFICATION I hereby certify this day that I have completed a survey as described and shown hereon and found conditions to be as re, sented DOUGL:s G. AR. P.L.S. HEMINGWAY NO. 852 LEGEND • FOUND IRON PIN O —SET IRON PIN ❑ —STONE MARKER -LX---EXISTING FENCE LINDecv o—A_ccrtl..-.r=� CIT': FAR STATE A RKI1<4 Pg41t CED EHEASar• SCALE I,. _ V ehnO ✓ • ZD' & qVi\^ q` 9 o� SS9 °/7'ea 302 f‘ys SURVEY DESCRIPTION PARTIAL WATERLINE EASEMENT RELINQUISHMENT REQUEST 25 q/ 5 Co 5 so_.( ei Zoi SB9a,7'58 ";Y i 6'7.00 A part of Lot 3, Block 2, Paradise View Estates, a Subdivision to the City of Fayetteville, Arkansas, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas described as beginning at a point which is S89 17128"W 67 feet and N33°39'17"E 30.29 feet from the SE Corner of said Lot 3; thence N33°32'17"E 28.63 feet; thence N25°26'19"E 19.83 feet; thence SO 42'32"E 41.44 feet; thence S89°17.128"W 24.90 feet to the point of beginning, containing 0.011 acres, more or less. Hemingway & Associates 70 N. College Ave., Suite 15 Fayetteville, Arkansrs 72701 Phone: (501) 442-4962 CERTIFICATION I hereby certify this day that 1 have completed a survey as described and shown hereon and found conditions to be as re esented. " DOUGLAS G. HEMINGWAY AR. P.L.S. NO. 852 J.EGEND ri FOUND IRON PIN O SET IRON PIN O STONE MARKER •X•X•—EXISTING FENCE NAME _ - Li , / tilt Fa/hoPO SEd G 9fatE� Vika-new) arzot) STATE Ar} /,gf g Lstnc LSOUPT/oN SCALE 11 AGREEMENT TO FURNISH AIRPORT ENGINEERING SERVICES TO CITY OF FAYETTEVILLE, ARKANSAS DRAKE FIELD, FAYETTEVILLE MUNICIPAL AIRPORT FAYETTEVILLE, ARKANSAS .+ BASIC AGREEMENT This Agreement made this 7th day of May , 1991, between the firm of 4McCLELLAND CONSULTING ENGINEERS, INC., hereinafter referred to as the ENGINEER, and the City of Fayetteville, Arkansas, hereinafter referred to as the OWNER, wherein theENGINEER agrees to provide certain engineering services as defined in Article 1 and for the consideration defined in Article 2 herein. ARTICLE 1 The OWNER, having requested proposals from consulting engineering firms for providing airport engineering services, has selected the ENGINEER to provide said services to the OWNER. These services, when requested by the OWNER, will be described in specific Task Orders after execution by both parties to the Agreement. The services provided by the ENGINEER are anticipated to include but not necessarily be limited to studies, investigations, reports, funding applications, design services, preparation of construction drawings and. specifications, bidding services, and engineering services during construction related to runway and taxiway lighting renovation work. These improvements will be undertaken in one phase and are expected to be completed in a period of less than one year. ARTICLE 2 The compensation for services to be provided will be specified in each Task Order at the time it is made a part of this Basic Agreement. Compensation will be determined by mutual agreement between the OWNER and the ENGINEER and subject to the approval of the funding agency. When "additional" work is required of the ENGINEER, the OWNER shall have the option of directing the ENGINEER to perform the work in accordance with the Hourly Rate Schedule attached hereto as Exhibit B. Said Hourly Rate Schedule is subject to upward adjustment on each subsequent July 1st in accordance with the annual percentage increase in the Consumer Price Index as adapted to the project location. Alternatively, the fee for "additional" work may be negotiated as a lump sum under a separate Task Order. ARTICLE 3 r• J • • IL • • Payment to the ENGINEER for services provided as described in Article 1 is to be made within 30 days after the date of billing. The amount due will be for services rendered during the previous month, unless prescribed differently in the applicable Task Order. ARTICLE 4 It is further mutually agreed by the parties hereto: 4.1 That, the OWNER will designate a representative to direct and coordinate the ENGINEER's efforts 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. 4.2 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. 4.3 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. 4:4 That, the ENGINEER's Salary Overheads are defined as a percentage of wages or salaries of employees working and premiums measured by or applicable at the time of performance to such wages or salaries, such as, but not limited to, Worker's Compensation Insurance, Social Security, State and Federal unemployment insurance, medical -hospital insurance, salary continuation insurance, pension plan costs, and pro rata allowances for vacation, sick pay, and holiday pay. Direct Salary plus Salary Overheadlis defined as Payroll Cost. 4.5 That, the ENGINEER's direct expenses are defined as the costs incurred on or directly for the Project, other than the Salary and General Overhead Costs. Such direct expenses shall be computed on the basis of actual; purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by the ENGINEER. Direct expenses shall include, but not be limited to, necessary transportation costs, including mileage at the ENGINEER's current rate per mile when the ENGINEER's own automobiles are used, meals and lodging, laboratory tests and analyses, and reproduction charges. • 2 • 4.6 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. • 4.7 That, the ENGINEER shall maintain a level of competency presently maintained by other practicing professional engineers in the same type of work in the southeastern United States,. forthe professional and technical soundness and accuracy .of all designs, drawings, specifications, and other work and materials furnished under this Agreement.,;; 4.8 Either party may terminate this Agreement any time by a notice in writing to the other party. IfAthe 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 tothe total compensation specified in the executed task orderssas the services actually performed bear to the total services of the ENGINEER covered by the'executed task orders, less payments of compensation previously made. 4.9 The OWNER may, from time to time, request changes in the scope of the services of the ENGINEER to be performed 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 and subject to the approval of the funding agency. 4.10 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. 4.11 That, all claims, counter -claims, disputes and other matters in question between the OWNER and 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. 4.12 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 3 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. 4.13 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 incidental thereto. 4.14 That, the ENGINEER shall provide an onsite resident observer 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. The resident observer's 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. The resident observer shall have the authority to reject both unsatisfactory workmanship and materials. His primary duties are as follows: 4.14.1 Check construction activities to ensure compliance with the Plans and Specifications. Inform the Contractor of any work that is in noncompliance. 4.14.2 Ensure that all testing required by the Specifications is performed. 4.14.3 Visit the testing laboratory to determine if it has the equipment and qualified personnel necessary to conduct the tests required by the Specifications. 4.14.4 Ensure that the tests are performed at the frequency stated in the specifications. Determine when and where tests will be taken and witness tests. 4.14.5 Review test reports and certifications for 'conformance with the Specification. 4.14.6 Maintain a file of test reports and certifications. • • 4.14.7 Inform the Contractor of deficiencies in order that corrections can be made and retesting performed prior to covering any substandard work with additional material. 4.14.8 Document quantities of materials used on the project by actual measurements and computations in a field notebook or computer printouts retained in a folder. 4.14.9 Maintain a set of working drawings, on the job site, which can be used to prepare "Record Drawings". 4.14.10 Review payment request from the Contractor. 4.14.11 Maintain a diary which should contain daily entries made and signed by the resident observer. Each entry should include the following, plus any additional pertinent data: (A) Date and weather conditions. (B) Names of important visitors. (C) Construction work in progress and location. (D) Size of Contractor's work force and equipment in use. (E) The substance of important conversations with the Contractor concerning conduct, progress, changes, test results, interpretations of Specifications or other details. 4.14.12 Submittal of FAA Form 5370-1, Construction Progress and Inspection Report, or equivalent form to the appropriate FAA field office. The frequency or submittal shall be established at the preconstruction conference. 4.15 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 $10,000. P 4.16 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. 4.17 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. 4.18 It is further .agreed that the OWNER, the Federal Aviation Administration, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the ENGINEER which are directly pertinent to the work hereunder, for the purpose of making audit, examination excerpts and/or transcriptions. Records under this Section shall be maintained and made available during performance on FAA grant work under this Agreement and until three years from date of final FAA grant payment for the project. In addition, those records which relate to any "dispute" appeal under an FAA grant agreement, or litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 4.19 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. 4.20 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. • 1 4.21 The ENGINEER hereby assures that he has and will comply with the Title VI and DBE requirements set forth in Appendix 1, hereinafter. 4.22 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. 6 • 4.23 Exhibit A, CERTIFICATION OF ENGINEER, is attached to, and made a part of, this Basic Agreement, per requirement of the FAA. 4.24 That, the ENGINEER will provide the Federal Aviation Administration with eight (8) copies of the updated Airport Layout Plan at the conclusion of each AIP project. 4.25 That, the ENGINEER will perform the duties of the "consultant" set forth in the CONSTRUCTION MATERIALS QUALITY CONTROL PROGRAM, attached hereafter as Exhibit C. ARTICLE 5 IN WITNESS WHEREOF, the parties hereto each herewith subscribe the same in triplicate. FOR CITY OF FAYETTEEVILLE, ARKANSAS W (Name) (f Mayor (Title) By: FOR McCLE /rr CO236)TL /y ame) Vice President (Title). • f I • • 7 ENGINEERS, INC. 46 • • EXHIBIT A TO BASIC AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES, DATED 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 street address is 1810 North College Avenue, Fayetteville, Arkansas, and that neither I nor the above firm hereby represented•has: 1 1e 4 a..`',employed,or retainedtfor a commission, percentage, brokerage, contingent fee, oi other consideration, any firm or personc(other than a bona fide employee working: solely for; me or,,the'above"consultant) to solicitor secure this'• contract.. ' b. agreed,iias an express lor, implied. condition for obtaining"thisiicontract,to employ'or retain the service of. any firin 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 la ,. both criminal and civil. /0/q1 (Date) (Signature) EXHIBIT B TO BASIC AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES, DATED HOURLY RATE SCHEDULE Principal Engineer Project Manager/Senior Engineer Civil Engineer Electrical Engineer Mechanical Engineer Engineering Technician $78.00 65.00 48.00 60.00 50.00 30.00 Senior Construction Observer 42.00 Junior Construction Observer 33.00 Chief Draftsman Senior Draftsman Junior Draftsman 45.00 35.00 22.00 Survey Crew (2 -Man) 55.00 Soils Lab Supervisor 38.00 Soils Lab Technician 25.00 Clerical Support Mileage • r. • sI • • 22.00 a .25/mile • • • EXHIBIT C TO BASIC AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES, DATED CONSTRUCTION MATERIALS OUALITY CONTROL PROGRAM A. The Consultant shall prepare a "Construction Materials Quality Control Plan" to be submitted to the Federal Aviation Administration (FAA) for approval at the time of final plans and specification submittal. At a minimum, the plan shall list all materials to be tested during construction, the appropriate time for testing, the ASTM test designation, name by which the test is commonly referred, the frequency of testing required, the method of sampling, and the acceptance criteria or tolerances permitted for each type of test. The plan will be reviewed by the FAA project manager and must be approved along with the final plans and specifications for construction. B. The Consultant shall prepare a "Construction Materials Quality Control Summary" to be submitted monthly to the FAA. At a minimum, the summary shall include a list of all tests performed showing the date, location, pass or fail, results of retests, and whether or not the test is eligible or ineligible under the A.I.P. program. The Summary will include a certification that all testing was, completed in accordance with the "Construction Materials Quality Control Plan". C. The Consultant shall prepare a summary of materials not passing and the penalty called for by the specifications. This summary shall be submitted to the FAA monthly and will indicate when and to what extent penalties are imposed. The penalties assessed will be itemized in the following pay request to the FAA. • • • APPENDIX 1 - CONTRACTOR CONTRACTUAL REQUIREMENTS TITLE VI ASSURANCES During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall be discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor of the Federal Aviation Administration (FAA) to be pertinent to ! ascertain compliance with such Regulations, orders, and instructions. Where any s • information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to .obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to - (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES 1. Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. • 1 2. DHE Obligation. The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR .Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. E XH = B I T " D" CONSULTANT CERTIFICATION FOR PROJECT PLANS AND SPECIFICATIONS McClelland Consulting Engineers AIP #3-05-0020-** Consultant's Name Project Number (if available) Taxiway and Runway Lighting Renovation Project Project Description Section 509 (d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorized the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. In turn, the City of Fayetteville requires the same assurance from any Consultant providing services for the Airport. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve the Consultant from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "no" response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A." General AIP standards are described in advisory circulars 150/5100- 6, 150/5100-15, and 150/5100-16. A list of current advisory circulars with specific standards for design or construction of airports and procurement or installation of airport equipment and facilities is referenced in Grant Assurance 34, which is available to the Consultant through the Airport Manager's Office. 1. The plans and specifications will be developed in accordance with all applicable Federal standards and requirements, and no deviation from or modification to standards set forth in the advisory circulars will be necessary other than those previously approved by FAA.I Yes X/ No N/A 2. Specifications for the procurement of equipment will not be proprietary or written so as to restrict competition. At least two manufacturers can_meet all specifications for equipment required for the. project. Yes X No N/A. 3. The development to be included in the plans is depicted on an airport layout plan and has been or will be approved by the FAA. Yes 'I No N/A 4. Development which is ineligible for AIP funding will be omitted from the plans and specifications. Yes if No N/A 5. Process control and acceptance tests required for the project by standards contained in Advisory Circular 150/5370-10 will be included in the project specifications. Yes X No N/A 6. If a value engineering clause is incorporated into the contract, concurrence will be obtained from FAA. Yes .r No N/A 7. The plans and specifications will incorporate applicable requirements and recommendations set forth in the Federally - approved environmental finding if an environmental assessment is required. Yes No N/A 8. For construct on activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 will be discussed with FAA and incorporated into the specifications. A safety/phasing plan will be prepared, and FAA concurrence will be obtained, if required. Yes X No N/A 9. The project will be physically completed without Federal participation in costs due to errors or omissions in the plans and specifications which were foreseeable at the time of project design. Yes X No N/A I certify that, for the project for which I have be contracted and identified herein, the responses to the foregoing items are correct as marked, and that the attachments, if any, are correct and complete. SIGNED: ! K'6 (/C2tiO DATED: McClelld C suiting Engineers EXHIBIT ••E`• CONSULTANT CERTIFICATION FOR EQUIPMENT/CONSTRUCTION CONTRACTS McClelland Consulting Engineers AIP #3-05-0020-** Consultant's Name Project Number (if available) Taxiway and Runway Lighting Renovation Project Project Description Section 509 (d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorized the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. In turn, the City of Fayetteville requires the same assurance from any Consultant providing services for the Airport. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve the Consultant from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "no" response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A." Standards for advertising and awarding equipment and construction contracts within Federal grant programs are described in 49 CFR 18.36. Consultants shall use City of Fayetteville procurement procedures reflecting State and Local laws and regulations provided procurements conform to specific standards in 49 CFR 18 and Advisory Circulars 150/5100-6, 150/5100-15, and 150/5100-16. 1. A code or standard of conduct will be in effect governing the performance of the Consultant's engineers and employees, or agents in soliciting and awarding procurement contracts. Yes X No N/A 2. Qualified personnelwill be engaged to perform engineering supervision., and construction observation and testing. Yes )( No N/A 3. The request for bids clearly and accurately will describe all administrative and other requirements of the equipment and/or services to be provided. Yes No N/A 4. All contracts exceeding percent, a performance bond percent. Yes $100,000 will require a bid guarantee of 5 of 100 percent, and a payment bond of 100 No N/A 5. Contracts exceeding $100,000 will contain provisions or conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instances in which contractors violate or breach contract terms. They also will contain provisions requiring compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h)), Section 508 of the 6. Payments to the contractor will be made in compliance with contract provisions and verified by the City Staff, this will constitute an audit of contract records kept by the resident engineer. If appropriate, pay reduction factors required by the specifications will be applied in computing final payments and a summary of pay reductions will be available to FAA. Yes X No N/A. 7. The project will be accomplished without significant deviations, changes, or modifications from the approved plans and specifications, except where approval will be obtained from the FAA, y Yes X No N/A 8. A final project inspection will be conducted with representatives of the engineer and the contractor. Project files will contain documentation of the final inspection. 9. Work in the Grant Agreement will be physically completed and corrective actions required as a result of the final inspection will be completed to the satisfaction of the sponsor. Yes X No N/A 10. The as -built plans and an equipment inventory, if applicable, will be submitted to FAA by the Consultant. If requested, a revised airport layout plan will be made available to FAA. Yes /I No N/A 11. Applicable close-out financial reports, weekly progress reports and certified payrolls shall be submitted to the sponsor by the Consultant. The sponsor will review and submit all reimbursement requests prepared by the Consultant. I certify that, for the project for which I have be contracted and identified herein, the responses to the foregoing items are correct as marked, and that the attachments, if any, are correct and complete �1 J SIGNED- 4 V GL P/L DATED: %/v 7j McClelldCnsulting Engineers E XH T B= T " F CONSULTANT CERTIFICATION FOR CONSTRUCTION & PROJECT FINAL ACCEPTANCE McClelland Consulting Engineers AIP #3-05-0020-** Consultant's Name Project Number (if available) Taxiway and Runway Lighting Renovation Project Project Description Section 509 (d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorized the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. In turn, the City of Fayetteville requires the same assurance from any Consultant providing services for the Airport. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve the Consultant from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "no" response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A." General requirements for final acceptance and closeout of Federally funded construction projects are in 49 CFR 18.50. The Consultant shall determine that project costs are accurate and proper in accordance with specific requirements of the contract documents. 1. The personnel engaged in project administration, engineering supervision, and construction observer and testing will be determined to be qualified and competent to perform the work. Yes X No N/A 2. Daily construction records will be kept engineer/construction inspector. These records progress, quality and quantity of materials locations and results, instructions provided weather, equipment use, labor requirements, saf changes required. by the resident document work in delivered, test the contractor, ety problems, and Yes Al No N/A 3. Complaints regarding the mandated Federal provisions set forth in the contract documents will be submitted to FAA. Yes /� No N/A 4. All tests specified in the plans and specifications will be performed and the test results documented. A summary of test results will be available to FAA. •Yes X No N/A 5. For any test results outside allowable tolerances, appropriate corrective actions will be taken. Yes 7 No N/A Clean Water Act (33 USC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part 15). Yes X No N/A 6. All construction contracts involving labor will contain provisions insuring that in the employment of labor honorably discharged Vietnam era veterans and disabled veterans will be given preference. Yes X No N/A 7. All construction contracts exceeding $2,000 will contain provisions requiring compliance with the Davis -Bacon Act and bid solicitations will contain a copy of the current Federal wage rate determination. Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and the Copeland "Anti -Kick Back" Act will be included. Yes. 1 No N/A 8. All construction contracts exceeding $10,000 will contain appropriate clauses from 41 CFR Part 60 for compliance with Equal Employment Opportunity Executive Order 11246. Yes X No N/A 9. All contracts and subcontracts will contain clauses required from Title VI Civil Rights Assurances and 49 CFR 23 for Disadvantaged Business Enterprises. Yes Xr No N/A 10. Appropriate checks will be made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with the DOT element and appearing on the DOT Unified List. Yes X No I certify that, for the project identified herein, the responses marked, an % the att chments SIGNED:(,�( N/A for which I have be contracted and to the foregoing items are correct as if any, are correct and complete. DATED: 4/.Z,9) McClellan Conkulting Engineers _ TASK ORDER NO. 1 Runway and Taxiway Lighting Improvements Drake Field Fayetteville Municipal Airport Fayetteville, Arkansas This Task Order is hereby made a part of the Basic Agreement executed May 7. 1991 , between McClelland Consulting Engineers, Inc., (ENGINEER) and City of Fayetteville, Arkansas (OWNER) in accordance with the provisions of that Agreement. ARTICLE 1 The Owner has made a preliminary funding application to the Federal Aviation Administration (FAA) for emergency renovations to the Runway and Taxiway Lighting Systems at Drake Field, Fayetteville, Arkansas. The funding application submitted to the FAA outlines items of work to be included as follows: 1. Evaluation of existing runway andtaxiway lighting system components; including wiring, transformers, fixtures, regulators, electrical panel boards and service requirements. 2. Renovation of runway and taxiway light system according to a three (3) phase program, according to equipment evaluation. Phase I: Runway Lighting System. Phase II: West parallel and North 1,000 feet of East parallel Taxiway Lighting System. Phase III: Remaining Eastside Taxiway Lighting System. - 1 - • The Engineer will provide the design and construction observation services necessary to complete the following tasks under this Task Order. 1. Preparation v of Pre -Application and Grant Application for Federal Funding. 2. Perform an evaluation of the existing runway and taxiway lighting equipment. 3. Preliminary Design Report and cost estimates for the renovations to the runway and taxiway lighting systems with approval by the Owner and FAA. 4. Preparation of Final Design Plans and Specifications and certification for Plans and Specifications for the renovation to the runway and taxiway lighting systems with approval by the Owner and FAA. 5. Bidding Phase Assistance to the Owner for advertising,.answering bid questions, receiving of Bids on the various phases of work, evaluation of bids received, recommending award of bids, awarding of contracts with approval by FAA. 6. Construction Management during the construction process including attending pre -construction conference, periodic visits to the site at least once per month, review of Shop Drawings and samples, assistance with change orders, preparation of monthly contractor pay estimates and the preparation of final "Record Drawings". 7. Construction Observation on a full time basis for the anticipated construction period in accordance with paragraph 4.14 of Article 4 of the Basic Agreement. - 2 - [[, 4 4 , . E' I a. The Engineer shall endeavor to complete the project in accordance with the following schedule following the receipt of the Notice to Proceed issued by the City: o Preliminary Design and Engineering Report 3 weeks o *FAA Review 1 week o Detailed Design 6 weeks o *FAA Review 1 week o Bidding Phase 3-4 weeks o *Awarding of Grant, Award of Contract, through Notice to Proceed 4 weeks o Construction 12 weeks *The Engineer has no control over these phases. ARTICLE 2 The COMPENSATION for services to be provided in Article 1 above shall be according to the following amounts. 1. For Preparing Application: The Owner shall pay the Engineer for the preparation of Pre -Application and grant Application for Federal Funding rendered under Article 1 above: a lump sum amount of $ 400.00 2. For Evaluation of Existing Liqhting Equipment: The Owner shall pay the Engineer for the Evaluation Services rendered under Article 1 above. a lump sum amount of $ 2,800.00 3. For Design Services: - The Owner shall pay the Engineer for the Design Services rendered under Article 1 above. The Owner shall pay 35% of the fee upon submittal of the Preliminary Design Report to FAA, 95% upon completion of the Final Plans and Specifications and 100% upon authorization to bid by the FAA for each phase below: Phase I: a lump sum amount of $ 5,550.00 Phase II: a lump sum amount of $ 8,285.00 Phase III (if required): a lump sum amount of $ 2,450.00 - 3 - 4. For Biddina Phase: The Owner shall pay the Engineer for the bidding phase services rendered under Article 1 above upon the issuance of the Notice to Proceed by the Owner for: a lump sum fee of $ 850.00 5. For Construction Management Services: The Owner shall pay the Engineer for the construction management services rendered under Article 1 above in monthly installments based upon the percentage of construction complete in accordance with the monthly estimates prepared for the construction contractor. The final installment will be due upon submittal of the "Record Drawings": a lump sum fee of $ 4,300.00 6. For Construction Observation Phase: The Owner shall pay the Engineer . for the resident construction observation services rendered under Article 1 above. The fee will be based upon the actual hours worked at a maximum hourly rate of $42.00. The fee for the Construction Observation Service shall not exceed an amount of $27,206 for the daily observation time stated heretofore and for a periodic observation by the Project Engineer for a maximum construction period of 90 'calendar days, except as amended by separate -Task Order. The construction time will be stated in the Construction Contract. t ' 1 { Should the Contractor exceed the time given above, the Owner.shall pay the Engineer an additional fee equal to the number of days or hours worked at the rates, stated above for the period of time required to complete construction beyond the 90 calendar day limit. This fee shall be obtained from the liquidated damages amount stated in the Construction Contract which shall be withheld from the contractor by the Owner. - 4 - .. Additional work requested by the Owner beyond the work scope stated above in Article 1 shall be performed only after authorized in writing by the Owner. Payment for additional work shall be according to the hourly rate schedule in the Basic Agreement and actual reimbursable expenses or in accordance with a fixed amount agreed upon by the Owner. ARTICLE 5 IN WITNESS WHEREOF, the parties hereto each herewith subscribe the same in triplicate. FOR CITY OF. FAYET ARKANSAS O Dated this day of 1991 ATTEST: City Clerk V je FOR McCLEL ,CONSULTI GINEERS, INC. BY' ItiLt%W� Dated this J day of 1991 ATT qIN/v/ r€ff/ - 5 - i ENGINEERING MANPOWER AND COST ESTIMATE MCCLELLAND CONSULTING ENGINEERS INC, RUNWAY & TAX IWAY LIG-ITING IMPROVEMENTS DRAKE FIELD FAYETTEVILLE MUNCIPAL AIRPORT FAYETTEVILLE, ARKANSAS AIP 3-05-0020-? APRIL 9, 1991 TASK LEVEL OF PERSONNEL MANHOURS COST PROJECT FUNDING APPLICATION $400.00 MAJOR TASK COST $400.00 EVALUATION OF EXISTING LIGHTING EQUIP. PROJECT MANAGER 8 $176.00 ELECTRICAL ENGINEER 18 $396.00 CIVIL ENGINEER 8 $132.00 ENGINEERING TECHNICAN 8 $100.00 CLERICAL 4 $32.00 SUBTOTAL $836.00 EVALUATION OF EQUIP. $836.00 PROJECT MANAGEMENT PROJECT DIRECTOR 6 $186.00 PROJECT MANAGER 48 $1,056.00 • PROJECT ENGINEER 8 $132.00 CLERICAL 12 $96.00 SUBTOTAL $1,470.00 PROJECT MANAGEMENT $1,470.00 PRELIMINARY DESIGN REVIEW OF EXISTING PLANS PROJECT MANAGER 2 $44.00 ELECTRICAL ENGINEER 16 $352.00 CIVIL ENGINEER 2 $33.00 SUBTOTAL $429.00 PRELIMINARY ENGR. REPORT PROJECT MANAGER 2 - $44.00 PROJECT ENGINEER - 2 $33.00 ELECTRICAL ENGINEER 14 $308.00 DRAFTSMAN 6 $75.00 • CLERICAL 4 $32.00 SUBTOTAL $492.00 PRELIMINARY DESIGN $921.00 FINAL DESIGN AND PLANS FIELD VERIFICATION PROJECT MANAGER 1 $22.00 PROJECT ENGINEER 6 $99.00 SURVEY CREW (2 MAN)' 6 $96.00 SUBTOTAL $217.00 PREPARE EXTG. LIGHTING LAYOUT PLAN PROJECT ENGINEER 8 $132.00 DRAFTSMAN 32 $400.00. SUBTOTAL $532.00 . 6 r,. ENGINEERING MANPOWER AND COST ESTIMATE MCCLELLAND CONSULTING ENGINEERS INC, RUNWAY & TAXIWAY LIGHTING IMPROVEMENTS DRAKE FIELD FAYETTEVILLE hUNCIPAL AIRPORT FAYETTEVILLE, ARKANSAS AIP 3-05-0020-? APRIL 9, 1991 TASK LEVEL OF PERSONNEL MANHOURS COST/HOUR DEVELOP NEW LIGHTING LAYOUT PLAN PROJECT MANAGER 4 PROJECT ELEC. ENGR.. 26 PROJECT CIVIL ENGR. 8 DRAFTSMAN 32 SUBTOTAL COST MAJOR TASK COST $88.00 $572.00 $132.00 $400.00 $1,192.00 ELECTRICAL ROOM MODIFICATIONS PROJECT ELEC. ENGR. 32 $704.00 DRAFTSMAN 8 $100.00 SUBTOTAL $804.00 CONTRACT DOCUMENTS AND SPEC. PROJECT MANAGER 4 $88.00 PROJECT ENGINEER 16 $264.00 ELECTRICLAL ENGINEER 8 $176.00 CLERICAL 12 $96.00. SUBTOTAL $624.00 FINAL DESIGN $3,369.00 BIDDING PHASE TOTAL DESIGN $5,760.01 PROJECT MANAGER 2 $44.00 PROJECT ENGINEER 16 $264.00 ELECTRICAL ENGINEER 2 $44.00 CLERICAL 8 $64.00 SUBTOTAL $416.00 CONSTRUCTION PHASE CONSTRUCTION MANAGEMENT PROJECT MANAGER PROJECT ENGINEER ELECTRICAL ENGINEER CONSTRUCTION OBSERVER DRAFTSMAN CLERICAL CONSTRUCTION OBSERVATION PROJECT ENGINEER. ELECTRICAL ENGINEER CONSTRUCTION OBSERVER 8 $176.00 40 $660.00 8 $176.00 2 $2800 6 $75.00 24 $192.00 SUBTOTAL $1,307.00 BIDDING & CONST.,MGT. $1,723.00 16 $264.00._ 24 I$528.00: 600 $8,400.00 SUBTOTAL $9,192.00':. CONST. OBSERVATION $9192.00 i;; 7" -• r r y $ w . ENGINEERING MANPOWER AND COST ESTIMATE MCCLELLAND CONSULTING ENGINEERS INC, RUNWAY & TAXIWAY LIGHTING IMPROVEMENTS DRAKE FIELD FAYETTEVILLE MUNCIPAL AIRPORT FAYETTEVILLE, ARKANSAS AIP 3-05-0020-? APRIL 9, 1991 SUMMARY OF COSTS EVALUATION DESIGN BIDDING & OONST. TOTAL OF EQUIP. COSTT. MGT. OBSERVATION DIRECT LABOR $836.00 $5,760.00 $1,723.00 $9,192.00 $17,511.00 PAYROLL EXPENSE (35%) $292.60 $2,016.00 $603.05 $3,217.20 $6,128.85 DIRECT NON -PAYROLL COSTS MATERIALS AND SUPPLIES $120.00 $120.00 REPRODUCTION $280.00 $280.00 DATA PROCESSING $0.00 TRAVEL EXPENSES $100.00 $100.00 $300.00 $500.00 EQUIPMENT RENTAL $0.00 OUTSIDE ENGR. CONSULTANT $0.00 ELECTRICIAN $200.00 $200.00 SUBTOTAL DIRECT COSTS $1,428.60 $8,176.00 $2,426.05 $12,709.20 $24,739.85 INDIRECT COSTS (126%) $1,053.36 $7,257.60 $2,170.98 $11,581.92 $22,063.86 SUBTOTAL DIRECT & INDIRECT $2,481.96 $15,433.60 $4,597.03 $24,291.12 $46,803.71 PROFIT $297.84 $1,852.03 $551.64 $2,914.93 $5,616.45 TOTALS $2,779.80 $17,285.63 $5,148.67 $27,206.05 $52,420.16 APPLICATION FEE - $400.00 TOTAL FEE $52,820.16 PREPARED BY: DATE: 1 / / -.- STTY:OF•- FAYETTEVZ ,LE, ARKANSAS .. ., . _ IN^YEAR` BUDGET �ADJUSTMRNT -ADJUSTMENT' if BUDGET%YEAR DEPT:{:Airport 1991 DIV PROG: Capital -393, DATE REQUESTED 4-19-91 PROJECT OR ITEM REQUESTED: Funds for taxiway/ runway lighting renovation project. This will incorporate replacement of the existing lighting systems. JUSTIFICATION OF THIS INCREASE The taxiway lighting system is beginning to experience frequent. outages- due to age and excessive ground moisture. The airport is required to have operational systems by FAR Part 139. " PROJECT OR ITEM DELETED: N/A Fund Balance JUSTIFICATION OF THIS DECREASE Matching funds are necessary for this project. Due to the recent problems with the system FAA has verbally committed to provide discretionary funds for this project. This means revising the CIP program forward for this project by two year. INCREASE ACCOUNT TITLE Lighting renovation project Grant # 3-05-0020-** ACCOUNT NUMBER 555-393-7-82*.** AMOUNT $16,167 Local share *$323,333. Total project DECREASE 'ACCOUNT TITLE Airport Fund Balance ACCOUNT NUMBER 555-000-1-800.99 AMOUNT $16;167 Local share *$323,333 Total project DATE BUDGET OFFICE USE ONLY DATE OF APPROVAL MGETCOORD:INATOR: : Z3fqJ By Date Entered DEPARTMENT DIRECTOR: Posted Ap$IN. SERVICES DIR: Type: A B C D E CITY MANAGER: Total program adjustments to date: