HomeMy WebLinkAbout138-99 RESOLUTION1
AMENDMENT TO THE
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AGREEMENT WITH McClelland Consulting Fngineerc Tnr
AMENDMENT 1 1
This is an amendment to the Agreement for engineering services
executed on the
2nd day of November
Fayetteville, Arkansas and
1999 between the City of
McClelland Consulting Fnginaa_rs Tnr
Additional services required due to Testing Services
The charge for the additional services shall not exceed
$ 750.00
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CITY OF FAYETTEVILLE:
Mayor
/41144 Date
GWoo
McClelland Consulting Rnginrere_ Tnr_:
Company.
TaikAkit
Title
•
Date ` ._
FOR OFFICE USE ONLY
Existing P.O. #
Contract #
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
EXHIBIT A
STATE OF ARKANSAS
COUNTY OF WASHINGTON
This AGREEMENT entered into and executed this P- day of el/Ongtt
1999, by and between the City of Fayetteville acting by and through its Mayor
hereinafter called the "OWNER" and McClelland Consulting Engineers, Inc., with
offices located in Fayetteville, Arkansas, hereinafter called the "ENGINEER",
WITNESSETH:
WHEREAS, the "OWNER" is planning to construct a waste container maintenance
building located at the OWNER's composting facility on South Happy Hollow Road in
Fayetteville, Arkansas, and
WHEREAS, the "OWNER'S" forces are fully employed on other urgent work that
prevents their early assignment to the aforementioned work; and
WHEREAS, the "ENGINEER'S" staff is adequate and well qualified and it has been
determined that its current work load will permit completion of the plans for the project
on schedule;
Now therefore, it is considered to be in the best public interest for the "OWNER" to
obtain assistance of the "ENGINEER'S" organization in connection with said
engineering services. In consideration of the faithful performance of each party of the
mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows:
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SECTION I - EMPLOYMENT OF ENGINEER
The "OWNER" agrees to employ the "ENGINEER" to perform, and the "ENGINEER"
agrees to perform, professional engineering services in connection with the project set
forth in the sections to follow; and the "OWNER" agrees to pay, and the "ENGINEER"
agrees to accept, as specified in the sections to follow as full and final compensation
for work accomplished in the specified time.
SECTION II -DESCRIPTION OF THE PROJECT
Engineering services related to the construction of a container maintenance building at
the City's Composting Facility.
SECTION III - INFORMATION & SERVICES
The "OWNER" will furnish any specifications, standards and other information which
may relate to the project including GPS survey data. Aerial mapping data will be
provided, free of charge, to the "ENGINEER" on magnetic media.
SECTION IV - SERVICES TO BE FURNISHED BY THE "ENGINEER" DURING
"DESIGN" PHASE
The project will be designed to meet applicable standards in accordance with the
"OWNER's" ordinances and written policies. Construction specifications shall be based
in part on City of Fayetteville Standard Specifications as well as the Metal Building
Manufacturer's Association Specifications, the National Electric Code, the State
Plumbing Code, and other material related specifications provided by the "ENGINEER"
The design concept of the project shall be submitted by the "ENGINEER" and approved
by the "OWNER" prior to completing the plans and specifications.
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The "ENGINEER" shall provide all field survey data from field work for designing the
project and this shall be tied to the "OWNER'S" GPS control network.
The "ENGINEER" shall be responsible for obtaining, interpreting and evaluating
geotechnical or any other form of data necessary for the design of this project.
The "ENGINEER" shall provide surveying, mapping, and related services as required to
prepare Right-of-Way/Easement documents for the "OWNER'S" use in acquisition
activities.
The "ENGINEER" shall furnish plans to all utility companies affected by the project and
if necessary, shall conduct a coordination meeting among all affected utility companies
to enable them to coordinate efforts for the necessary utility relocations. This
coordination meeting will take place at the City Engineer's office.
During the final "design" phase of the project, the "ENGINEER" shall conduct final
designs to prepare construction plans and specifications including final construction
details and quantities, special provisions, cost estimates, make final field inspection
with "OWNER", make any needed plan changes as a result of the final field inspection
and all other work required to advertise and receive bids.
Prior to the start of construction, the "ENGINEER" shall establish benchmark for
elevation control and tie layout work to Fayetteville's GPS.
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SECTION V - COORDINATION WITH "OWNER"
The "ENGINEER" shall hold conferences throughout the design of the project with
representatives of the " OWNER" to the end that the design, as perfected, shall have
full benefit of the "OWNER'S" knowledge and be consistent with the current policies
and construction practices of the "OWNER" The "OWNER" reserves the right to
accept or reject any or all plans, but this stipulation will not relieve the "ENGINEER" of
responsibility for the design of the project.
SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK
Review of the work as it progresses under this Agreement shall be made at the
"OWNER'S" City Engineers office.
SECTION VII - CONCEPT AND PRELIMINARY SUBMISSION
The "ENGINEER" shall submit two (2) sets of concept plans, two (2) sets of preliminary
plans and three (3) sets of the final plans for field inspections.
SECTION VIII - FINAL SUBMISSION
The final submission for the construction contract shall consist of the following:
A. One (1) copy of all design calculations
B. Three sets of final plans, contract documents and specifications
C. The originals of all drawings, specifications and contract documents. All
design drawings on magnetic media shall be submitted on disks compatible
with AutoCAD Release 12 software.
D. The estimated cost of construction and a detailed estimate of time in calendar
days required for completion of the contract.
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SECTION IX - ENGINEER RESPONSIBILITY DURING "BIDDING" AND
"CONSTRUCTION" PHASES
During the "Bidding" phase of the project, the "ENGINEER" shall provide all
engineering and administrative services needed to obtain bids for the construction
project, evaluate the bids, and consult with and advise the "OWNER" as to the
acceptability of the best bidder.
During the "Construction" phase of work, the "ENGINEER" shall provide administrative
and engineering services including periodic construction observation services to assist
the OWNER in determining whether the Contractor has met the requirements of the
design plans and specifications. The "ENGINEER" shall review the Contractor's
progress payment requests based on the actual quantities of contract items completed
and accepted, and shall make a recommendation to the "OWNER" regarding payment.
It is specifically pointed out that the OWNER will provide day-to-day inspection of the
project, with the ENGINEER providing approximately 44 hours of inspection support.
SECTION X - SUBCONTRACTING
Subcontracting by the "ENGINEER" of any of the services provided herein shall require
prior approval by the "OWNER"
SECTION XI - TIME OF BEGINNING AND COMPLETION
The "ENGINEER" shall begin work under this Agreement within ten (10) days of notice
to proceed and shall complete the plans for the construction contract within 75 calendar
days.
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The above completion time is predicated upon the fact that the "OWNER" will cause to
be processed approvals of interim work in an expeditious manner 15 days per
submittal.
SECTION XII - FEES AND PAYMENTS
A. "Design" Phase Services:
For, and in consideration of, the services to be rendered by the "ENGINEER", the
"OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work
time directly connected with work chargeable to the project, plus payroll additives
and general overhead costs of 176% of direct labor costs, plus direct reimbursable
expenses associated with the project, plus a fixed fee which are payable as
follows:
1) "Design" phase services, "surveying services" and
preparation of the Ownership Map/Utility Easements:
Plan Costs not to exceed: $ 17.260
2) Fixed fee for "Design" services: $ 2,072
3) Engineering contract amount for "Design" phase
services not to exceed: $ 19.332
The basis of this upper limit and justification for the fee is contained in Appendix
"A" attached hereto. Subject to the City Council approval, adjustment of the upper
limit may be made should the "ENGINEER" establish and the "OWNER" agree that
there has been or is to be a significant change in scope, complexity or character of
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the services to be performed; or if the "OWNER" decides to shorten the duration of
work from the time period specified in the Agreement for completion of work and
such modification warrants such adjustment.
Appendix "A' covers the classification of personnel and the salary rate for all
personnel to be assigned to this project by the "Engineer".
Final payment for Design services shall be made upon the "OWNER'S" approval
and acceptance with the satisfactory completion of the "Design" phase for the
project.
B. "Bidding" Phase Services:
For "Bidding" phase services rendered by the "Engineer", the owner shall pay the
"ENGINEER" on the basis of salary costs for work -time directly connected with the
project, plus payroll additives and general overhead costs of 176% of direct labor
costs (plus direct reimbursable expenses associated with the project), plus a fixed
fee which are as follows:
1) "Bidding" phase services costs not to exceed:
2) Fixed fee for "Bidding" services:
3) Engineering contract amount for "Bidding"
$ 1 543
$ 185
$1 728
Final payment for "Bidding" phase services shall be made upon the "OWNER'S"
approval and acceptance with the satisfactory completion of the "Bidding" phase of
the project.
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C. "Construction" Phase Services:
For "Construction" phase services rendered by the "ENGINEER", the "OWNER
shall pay the "ENGINEER" on the basis of salary costs for work -time directly
connected with the project, plus payroll additives and general overhead costs of
176% of direct labor costs (plus direct reimbursable expenses associated with the
project), plus a fixed fee which are as follows:
1) "Construction" phase services costs not to exceed: $2,579
2) Fixed fee for "construction" phase services: $ 309
3) Engineering contract amount for "Construction"
phase services not to exceed $2,888
(based upon an assumed construction period
not to exceed 90 days.)
The basis for this estimate is Appendix A. The "ENGINEER" shall invoice the
"OWNER" monthly for construction phase services, and the final payment for
"Construction" phase services shall be made upon the "OWNER'S" approval
and acceptance with the satisfactory completion of the "Construction" phase
of the project.
D. "Geotechnical Investigation" Services:
For geotechnical investigative services associated with design, the "OWNER"
shall pay the "ENGINEER" on the basis of hourly rates and unit prices set
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forth in Appendix Al a fee, not to exceed $ 1,619. The basis of this upper limit
and justification for the fee is contained in Appendix A attached hereto.
"Special" Services:
For "Special" services, such as preparation of detailed easements and/or
construction staking, the "OWNER" shall pay the "ENGINEER" as follows:
1) For "Large Scale Development" application preparation services, the
"OWNER" anticipates none are required. If the converse becomes true,
the "OWNER" and "ENGINEER" shall negotiate the fee separately.
2) For "Easement" preparation services: none anticipated. To be negotiated
if required.
3) For "Construction Staking" services, if authorized in writing separately
from this Agreement, the "ENGINEER" shall provide Construction Staking
as negotiated separately.
SECTION XIII - CHANGES
The "OWNER" may at any time, by written order, make changes within the general
scope of the contract in the work and services to be performed. If any such change
causes an increase or decrease in the cost of, or the time required for, performance of
this contract, an equitable increase or decrease shall be made in the upper limit
contract amount, including fee or time of required performance, or both, and the
contract shall be modified in writing accordingly.
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Changes, modifications or amendments in scope, price or fees to this contract shall not
be allowed without a formal contract amendment approved by the Mayor or the City
Council in advance of the change in scope, price of fees.
Any claim by the "ENGINEER" for adjustment under this clause must be asserted with
thirty (30) days from the date of receipt by the "ENGINEER" of the notification of
change; provided, however, that the "OWNER" if it decides that the facts justify such
action, may receive and act upon any such claim assessed at any time prior to the date
of final payment under this contract. Failure to agree to any adjustment shall be cause
for a dispute concerning a question of fact within the meaning of the clause of this
contract entitled SECTION XVII MISCELLANEOUS PROVISIONS, (1) Dispute
Resolutions. However, nothing in this clause shall excuse the "ENGINEER" from
proceeding with the contract as changed.
SECTION XIV - OWNERSHIP OF DOCUMENTS
All documents, including original drawings, disks of CADD drawings and cross
sections, estimates, specification field notes, and data are and remain the property of
the "OWNER" The "ENGINEER" may retain reproduced copies of drawings and copies
of other documents.
SECTION XV - POSTPONEMENT OR CANCELLATION OF THE CONTRACT
It is understood that the "OWNER" will have the right to suspend or cancel the work at
any time.
A. Postponement - Should the "OWNER", for any reason whatsoever, decide to
postpone the work at any time, the "OWNER" will notify the "ENGINEER",
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who will immediately suspend work. Should the "OWNER" decide during such
suspension not to resume the work, or should such suspension not be
terminated within a year, the work shall be cancelled as hereinafter provided.
B. Cancellation - Should the "OWNER", for any reason whatsoever, decide to
cancel or to terminate the use of the "ENGINEER'S" service, the "OWNER"
will give written notice thereof to the "ENGINEER", who will immediately
terminate the work. If the "OWNER" so elects, the "ENGINEER" may be
instructed to bring a reasonable stage of completion to those items whose
value would otherwise be lost. The "ENGINEER" shall turn over all data,
charts, survey notes, figures, drawings and other records or information
collected or produced hereunder whether partial or complete. Upon such
termination of the "ENGINEER'S" services, the "ENGINEER" shall be paid on
a proportional amount of the total fee, less prior partial payments, based on
the ratio of work done to the total amount of work to be performed.
SECTION XVII - MISCELLANEOUS PROVISIONS
Dispute resolution - Any dispute concerning a question of fact in connection
with the work and having a financial value of $10,000, or less, shall be
referred for determination to the Mayor of the City of Fayetteville whose
decisions in the matter shall be final and conclusive. Disputes resulting from
claims greater than $10,000 shall be subject to mediation.
2. Responsibility for Claims and Liability - The ENGINEER" shalt save harmless
the "OWNER" from all claim and liability due to its (the "ENGINEER'S")
J:\99\99157\FAY-COMPOSTBLD ENGAGR.wpd:jm - 11
activities, or those subcontractors, its agents, or its employees during the
time this contract is in force.
3. General Compliance with Laws - The "ENGINEER" shall comply with all
federal, state and local laws and ordinances applicable to the work. The
"Engineer" shall be a professional engineer, licensed in the State of
Arkansas.
4 Engineers Endorsement - The "ENGINEER" shall endorse and recommend all
plans, specifications, estimates and engineering data finished by it. All design
shall be checked in accordance with accepted engineering practices. All plan
quantities shall be checked and verified.
SECTION XVIII - SUCCESSORS AND ASSIGNS
The "OWNER" and the "ENGINEER" each binds itself and its partners, successors,
executors, administrators, and assigns to the other party of this AGREEMENT, except
as above, neither the "OWNER" nor the "ENGINEER" shall assign, sublet or transfer its
interest in this AGREEMENT without written consent of the other. Nothing herein shall
be construed as creating any possible personal liability on the part of any officer or
agent of any public body which may be party hereto.
SECTION XIX - COVENANT AGAINST CONTINGENT FEES
The "ENGINEER" warrants that it has not employed or retained by company or person,
other than a bonafide employee working solely for the "ENGINEER", to solicit or secure
this contract, and that it has not paid or agreed to pay any company or person, other
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than a bonafide employee working solely for the "ENGINEER", any fee, commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or
resulting from the award or making of this contract.
For breach or violation of this warranty, the "OWNER" shall have the right to annul this
contract without liability.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as of the date and year first herein written.
CITY OF FAYETTEVILLE
By:
ATTEST:
City Clerk
ENGINEER:
McCLELLAND CONSULTING
ENGINEERS, INC.
B
President
ATTEST:
By: ,L-m-oL ore -VT"
Post-itt Fax Note
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—.13
Appendix A
McClelland Consulting Engineers
Proposal to
City of Fayetteville
Container Maintenance Building
South of Solid Waste Handling Facility
Section XIII - FEES AND PAYMENTS
A. Design Phase Services
1. Surveying Services
Classification Manhours Hourly Rate Amount
Party Chief 12
Rodman 12
Computer Tech.
2. Design Services
a. Structural Structural Engr.
b. Civil
c.Drafting
Civil Engineer
Chief Drafter
Senior Drafter
Junior Drafter
d. Specifications Civil Engineer
Clerical
$35
$30
8 $51
$420
$360
$408
Surveys Subtotal $1,188
8 $72 $576
80 $72 $5,760
10
40
30
$59
$46
$29
24 $72
40 $32
Civil (2a -d) Subtotal
e. Mechanical/Electrical Design and Specifications
Lump Sum Amount by G -A Engrs 10/4/99
E -M (2e) Subtotal
B. Bidding Phase Services
Civil Engineer
A Design Subtotal
$590
$1,840
$870
$1,728
$1,280
$12,644
$5,500
$19,332
24 $72 $1,728
B Bidding Subtotal $1,728
C. Construction Phase Services
Civil Engineer 24 $72
Cons. Observer 20 $58
C Construction Subtotal
D. Geotechnical Investigation Services
Driller (s) 16
Lab Technician 10
Project Manager 9
$28
$28
$99
D Geotechnical Subtotal
Project Total
$1,728
$1,160
$2,888
$448
$280
$891
$1,619
$25,567
R
City of Fayetteville, Arkansas
Budget Adjustment Form
K IIBIT B
Budget Year
1999
Department: Public Works
Division: Solid Waste
Program: Commercial Collection
Date Requested
11/02/99
Adjustment #
Project or Item Requested:
Funding is requested for engineering services for a container
maintenance building.
Project or Item Deleted:
None.. A portion of the funding from Curbside Recycling
Improvements is proposed for this adjustment.
Justification of this Increase:
A container maintenance building is needed to perform
maintenance of City owned and leased containers. The
container maintenance functions have out grown the facilities
currently utilized.
Justification of this Decrease:
Sufficient funding will remain to meet the required purchases for
the Curbside Recycling Improvements Project.
Increase Expense (Decrease Revenue)
Account Name Amount Account Number Project Number
Building Cost
Account Name
Solid Waste Improvements
25,567 5500 5010
5804 00 99079 1
Decrease Expense (Increase Revenue)
Amount Account Number Project Number
25,567 5500 5060 5816 00 98053 1
Approval Signatures
Reques ed By
Budg t Manager
Department Director
Date
(0-(&-q 9
Date
Date
Budget Office Use Only
Type: A B C
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
E
Blue Copy: Budget & Research / Yellow Copy: Requester D:\DATA\99BUDGE7\BUDGTAD.I\CONT MA.WK4
STAFF REVIEW FORM
XXX AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Council meeting of November 2, 1999
FROM:
Willie Newman
Name
Solid Waste Public Works
Division Department
ACTION REQUESTED:
Approval of a engineering services contract with McClelland Consulting Engineers in the
amount of $25,567 for services associated with the design and construction of the solid
waste container maintenance building and a budget adjustment in the amount of $25,567.
COST TO CITY:
S 25 567
Cost of this request
5500-5060-Sto4bo
— �-- Container Maintenance Building_
Category/Project Budget Category/Project Name
S --0 " Solid Waste Improvements
Account Number Funds Used to Date
%to19-I
Program Name
S — 0 Solid Waste
Project Number Remaining balance
Fund
BUDGET REVIEW:
Budgeted Item
Bldget Coordinator
B9
tfAdjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Date
Purchasing Officer
/0 —15--4
GRANT AGENCY:
Date ADA Coordinato Date
,��vy 4 fAS NW --
10-16-413
Date
Iyjternal Auditor Date
Date Cross Reference
ctor Date
Date
Mayor Date
New Item: Yes No
Prev Ord/Res #:
Orig Contract Date:
Description
STAFF RIMIER FORM
Conents:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Reference Certs:
Meeting Date
Page 2
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fayetteville City Council
Thru: Fred Hanna, Mayor
Charles Venable, Public Works Director
From: Willie Newman, Waste Reduction Coordinator
Date: October 14, 1999
Re: Engineering Services Contract - Container Maintenance Building
The Solid Waste Division requests approval of an engineering services contract and budget
adjustment with McClelland Consulting Engineers in the amount of $25,567 for services associated
with the design and construction of a container maintenance building at the City's Composting
Facility. The Solid Waste Division implemented a dumpster lease program in 1995 resulting in an
inventory of numerous dumpsters, welding equipment, blow torch apparatus, spare parts, sheet
metal, and miscellaneous supplies. We have been using a portion of the West Building located
within the City Shop area, shared with the Street Department, for assembly and maintenance of our
dumpsters and recycling igloos. There has been increased activity in the maintenance of dumpsters
resulting the need for additional space and closer proximity to the Solid Waste offices.
This new building at the Composting Facility will also provide a small office for composting
operations, a restroom for our patrons, and a water source not previously available In addition to
our dumpster and igloo maintenance, our freon recovery program will be operated in this new
building. Furthermore, this building will provide additional heated storage during winter weather
which will help insure efficient operation of our equipment, and free up needed space for the Street
Division.
This building is intended to be a 50' x 70' prefabricated building which is larger than the area we
currently use (50' x 50'); however, we will be adding an office and restroom to this building along
with freon recovery operations. Staff will attend the agenda session and the City Council meeting
to answer any questions. If you should have any questions about this project prior to these meetings,
please contact me at 444-3497 at your convenience.
A4cCLELLAN
MttCONSULTING
D
ENGINEERS, INC.
I DESIGNED TO SERVE I
P.O. Box 1229
Fayetteville, Arkansas 72702-1229
501-443-2377
FAX 501-443-9241
October 5, 1999
Mr. Willie Newman
Waste Reduction Coordinator
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
RE: Engineering Services Proposal
Container Maintenance Building
Solid Waste Facilities
Dear Mr. Newman:
In accordance with your letter of September 21, 1999 and a subsequent scope of work
meeting, please find attached our engineering services proposal.
The proposal follows the city's standard contract, particularly Section XIII, Fees and
Payments.
Also, attached to the proposal is a brief description of the items of work which was
condensed from the scope of work meeting minutes and a list of what we anticipate will
be the bidding documents and detailed specifications.
We will be happy to discuss the proposal at your convenience and to answer any
questions you may have.
Thank you for selecting our firm for this proposal and we look forward to being of
service to the City of Fayetteville.
Sincerely,
McCLELLAND CONSULTING ENGINEERS, INC.
Fred Schlegel
Project Engineer
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