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HomeMy WebLinkAbout25-00 RESOLUTIONmm- • RESOLUTION NO. 25-00 MICROFILMED A RESOLUTION APPROVING AN ENGINEERING SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS, INC., FOR A TERM OF ONE YEAR, EXTENDABLE BY AMENDMENT NOT TO EXCEED THREE YEARS, FOR ENGINEERING SERVICES FOR THE CAPITAL IMPROVEMENT PROGRAM PROJECTS AT THE AIRPORT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1. That`the City Council hereby approves an engineering services agreement with McClelland Consulting Engineers, Inc., for a term of one year, extendable by amendment not to exceed three years, for engineering services for the capital improvement program projects at the airport; and authorizes the Mayor and City Clerk to execute said agreement. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 7" day of March , 2000. APPROVED. By: ATTEST: By: Heath/ oodruff, City Ciefk Hanna, Mayor NAME OF FILE: CROSS REFERENCE: Resolution No. 25-00 03/07/00 Resolution No. 25-00 03/07/00 Agreement for engineering seryices with McClelland Consulting Engineers. Inc. 03/07/00 Staff Review Form 02/10/00 Memo to Fayetteville City Council thru Mayor Hanna from Dale Frederick, Airport Manager 03/15/00 Memo to Dale Frederick, Airport Manager, from Heather Woodruff, City Clerk 03/21/00 Staff Review Form 03/16/00 Memo to Mayor Hanna from Dale Frederick, Airport Manager 03/20/00 Task Order No. 2 for engineering services with McClelland Consulting Engineers 03/28/00 Memo to Dale Frederick, Airport Manager, from Heather Woodruff, City Clerk 03/08/02 Task Order No. 11 (storm water pollution prevention plan and spill prevention control and countermeasure plan) engineering services with McClelland Consulting Engineers 02/12/02 Memo to Mayor Coody thru Staff Review Committee from Ray M. Boudreaux, Director of Airport 03/01/02 Letter of Transmittal to James Nicholson from McClelland Consulting Engineers, Inc. 03/08/02 Staff Review Form 03/20/02 Memo to Ray Boydreaux, Airport Manager, from Heather Woodruff, City Clerk 02/27/02' Memo to Ray Boudreaux, Airport, from Heather Woodruff, City Clerk 04/19/02 Staff Review Form 04/29/02 Task Order No. 12 (large scale development services / Fayetteville Municipal Airport) with McClelland Consulting Engineers, Inc. 04/10/02 Memo to Mayor Coody thru Staff Review Committee from Ray M. Boudreaux, Director of Airport • • 04/09/02 Letter to Ray Boudreaux, Airport Manager, from R. Wayne Jones, P. E. Vice President of McClelland Consulting Engineers, Inc. 05/22/02 Memo to Ray Boudreaux, Aviation & Economic Development Director, from Heather Woodruff, City Clerk NOTES: CITY OF FAYETTEVILLE EXHIBIT A AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this /% day of `274'i r , 2000, by and between the City of Fayetteville acting by and through its Mayor hereinafter called the "OWNER" and McClelland Consulting Engineers, Inc. with offices in Fayetteville, Arkansas, hereinafter called the "ENGINEER", is intended to endure for a minimum period of one year from the time of its formal execution, extendable by contract amendment to not more than three years. WITNESSETH: Whereas, the OWNER is planning to effect improvements to Drake Field, Fayetteville's municipal airport; 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 various projects 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: FY99164:ENGAGR.doc 00 • 1 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 projects 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 PROJECTS 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: • Extension of Lancaster Drive. • Additional T -Hangar Unit Expansion(s). • Turf Runway. • T -Hangar Expansion (single engine). • Maintenance and Rehabilitation of Pavements. • East Side Parallel Taxiway. • Individual Hangar(s). • High Intensity Runway Lights. • Airfield Marking. • Corporate Hangar(s). These services, when requested by the OWNER, will be described in specific Task Orders FY99164:ENGAGR.doc 2 • • • to this AGREEMENT FOR ENGINEERING SERVICES. 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 The ENGINEER will provide the preliminary study, design, construction administration, and construction inspection services necessary to complete the following tasks under this Contract. A. Develop a schedule for each project upon the receipt of the notice to prepare a Task Order for each project. B. Attend preliminary conferences alone or with OWNER representative, local officials, State and Federal agencies, utility companies and others regarding the proposed project, its general design, functions and impact. C. Provide surveying, mapping, and related services as required to prepare Right-of- Way/Easement documents for the "OWNER'S" use in acquisition activities. D. Provide all field survey data from field work for designing the project and this shall be tied to the "OWNER'S" GPS control network. E Obtain, interpret and evaluate geotechnical data for pavement design and embankment stability. F. Conduct preliminary design and prepare preliminary construction limits, required right of way, ownership map, perform all needed stability analyses, design of detours where needed, and preparation of maintenance of traffic plans detailing FY99164•ENGAGR.doc 3 • • • needed signing and striping during construction, as well as for permanent application after the completion of street construction. G. 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. H. Furnish plans to all utility companies affected by the project and shall conduct a coordination meeting among all affected utility companies to enable them to develop utility agreements regarding any necessary utility relocations. I. Prepare Contract Documents (Plans, Specifications, and Estimates). These documents shall be in accordance with sound engineering principles. The ENGINEER shall coordinate closely with the FM's Airports Development Office to provide copies of the Plans and Specifications and cost estimates for review as required by the FAA. When projects are FAA -funded, detailed Specifications shall be developed using FAA "Standards for Specifying Construction for Airports" AC 150/5370-10, or other appropriate standards approved for use by the FAA. The ENGINEER will obtain a specimen copy of the General Provisions and applicable prevailing wage rates from the FAA and the Arkansas Department of Labor for incorporation into the Specifications for the proposed project. J. Assist the OWNER in advertising, answering bid questions, receiving of bids on the various phases of work, evaluating bids received, recommending award of bids, and award of construction contracts. K. Establish benchmarks for elevation control and tie layout work to Fayetteville's GPS and provide centerline construction reference points/alignment at all PCs, PTs, and FY99164:ENGAGR.doc 4 • • i at 4 POTs for the proposed roadway. L. Provide construction administration during the construction process including attending pre -construction conferences, visiting the site at least once per month, reviewing Shop Drawings and samples, assisting with Change Orders, preparing monthly Contractor Pay Estimates, and preparing final "Record Drawings". M. Provide construction inspection on either a full time or an as needed basis during construction as required by each Task Order. The projects will be designed and constructed to meet local standards in accordance with the OWNER'S adopted criteria. Street designs shall be based on Standard Specifications for Highway Construction Edition 1996 of the AHTD and latest special provisions and City of Fayetteville Specifications except that metric units will not be used. The design concept with regard to street alignment, pavement section, geometncs, detours, right-of-way, and utility relocation shall be submitted by the ENGINEER and approved by the OWNER prior to beginning design work. SECTION V - COORDINATION WITH OWNER As each Task Order is developed and approved the scope of engineering services and fees will be finalized. 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. FY99164:ENGAGR.doc 5 • 1 • 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 office. SECTION VII - PRELIMINARY SUBMISSION The ENGINEER shall submit three (3) sets of preliminary plans for each submittal at 35%, 65%, and 95%, and meet with the OWNER'S staff following each submittal. 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. The originals of all drawings, specifications and contract documents All design drawings on magnetic media shall be submitted on disks compatible with AutoCAD Release 14 software. The estimated cost of construction and a detailed estimate of time in calendar days ' required for completion of the contract. Three (3) copies of the final plans for OWNER'S use. FY99164'ENGAGR.doc 6 • 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 resident construction inspection services to determine 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. SECTION X - SUBCONTRACTING Prior to entering into fee negotiations, the OWNER shall approve selection of all subconsultants to the ENGINEER. The OWNER reserves the right to reject without prejudice at his discretion the ENGINEER'S selection of firms for any subcontracted tasks. SECTION XI - TIME OF BEGINNING AND COMPLETION The ENGINEER shall begin work under each separate Task Order within ten (10) days of notice to proceed and shall complete the plans for the construction contract within the time stipulated in each respective Task Order. The stipulated completion time in each Task Order shall be predicated upon the fact that the FY99164:ENGAGR.doc • • • • OWNER will promptly provide all pertinent requested information in its possession, and will conduct reviews/approvals of interim work in an expeditious manner (5 working days per submittal). SECTION XII - FEES AND PAYMENTS A. Title I Services (Engineering Planning and Design Services Preceding Construction). The ENGINEER shall provide, as enumerated individually in each respective Task Order, application for funding, engineering study, surveying, geotechnical investigation, design, bidding, and easement preparation services for a specifically stated cost -plus -fixed payment. Each Task Order shall also list a "not -to -exceed total" amount for the Title I Services work scope identified therein. The basis of this upper limit and justification for the fee shall be contained in an Appendix attached to each Task Order. 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 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. Additionally, each Task Order shall contain an Appendix which covers the classification and salary rate for all personnel anticipated to be assigned to this project by the ENGINEER. FY99164:ENGAGR.doe 8 • Payment to the ENGINEER by the OWNER for Title I Services shall be made within 30 days after the date of billing. The amount due will be for services rendered during the previous month. Final payment for Title 1 Services shall be made upon the OWNER'S approval and acceptance with the satisfactory completion of the "Design" phase of the project. B. Title I1 Services (Construction Phase Services): The ENGINEER shall provide, as enumerated individually in each respective Task Order, construction administration, construction staking, construction inspection, and construction materials testing for a specifically stated cost -plus -fixed payment. Each Task Order shall also list a "not -to -exceed total" amount for the Title II Services work scope identified therein. The basis of this upper limit and justification for the fee shall be contained in an Appendix attached to each Task Order. 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 the services to be performed and such modification warrants such adjustment. Additionally, each Task Order shall contain an Appendix which covers the classification and salary rate for all personnel anticipated to be assigned to this project by the "ENGINEER". Payment to the ENGINEER by the OWNER for Title II Services shall be made within FY99164:ENGAGR.tloc 9 • • • 30 days after the date of billing. The amount due will be for services rendered during the previous month. Final payment for Title II Services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Construction" phase of the project. 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. 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 asserted 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 XVI - MISCELLANEOUS PROVISIONS, (1) Dispute Resolutions. However, nothing in this clause shall excuse the ENGINEER from proceeding with the contract as changed. FY99164:ENGAGR.doc 10 • • SECTION XIV - OWNERSHIP OF DOCUMENTS All documents, including original drawings, disks of CADD drawings and cross sections, estimates, specifications, field notes, and data are and shall remain the property of the OWNER. The ENGINEER may retain reproduced copies of drawings and copies of other documents. 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 it writing. 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, 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 canceled 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 FY99764:ENCAGRdoC 11 ENGINEER'S services, ENGINEER shall be paid 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 XVI - MISCELLANEOUS PROVISIONS A. 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. B. Responsibility for Claims and Liability - The ENGINEER shall save harmless the OWNER from all claim and liability due to the ENGINEER's activities, or those of the ENGINEER'S subconsultants, agents, or employees during the time this contract is in force. C. 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. D Engineer's Endorsement- The ENGINEER shall endorse and recommend all plans, Specifications, estimates and engineering data furnished by it. All design shall be checked in accordance with accepted engineering practices. All plan quantities shall be checked and verified. FY99164:ENGAGR.doc 12 • • • E That, the Airport Manager or his designated representative will direct and coordinate the ENGINEER's efforts and will be the source of instructions to the ENGINEER and shall have the authority to interpret the OWNER's policy as necessary to maintain the ENGINEER's work schedule and to administer the BASIC AGREEMENT F. That, the OWNER shall make available to the ENGINEER all technical data in the OWNER's possession, including maps, surveys, bores, and other information required by the ENGINEER and relating to his work. G. That, the estimates of cost for the Projects provided for herein are to be prepared by the ENGINEER through exercise of his experience and judgment 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. H. 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 plus a 5% mark-up. 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 reproduction charges. FY99164:ENGAGR doc 13 • • I. That, in soils investigation tion work and in determining subsurface conditions for the Project, the characteristics may vary greatly between successive test point 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, that conditions actually encountered in the field may not vary from those found during the investigation work. J. 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. K. 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. L. 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 FY99164:ENGAGR.doc 14 • it • • the work under the construction contract(s) and for all safety precautions incidental thereto. M. That, the ENGINEER, when called for in specific Task Orders, shall provide an on- site Resident Inspector 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 Inspector'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 Inspector shall have the authority to reject both unsatisfactory workmanship and materials. His primary duties are as follows: 1. Check construction activities to determine compliance with the Plans and Specifications. Inform the Contractor and OWNER of any work that is in noncompliance. 2. Check that all testing required by the Specifications is performed. 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. Review test reports and certificates for conformance with the FY99164:ENGAGR doc 15 • • Specifications. 5. Maintain a file of test reports and certifications. • 6. Inform the Contractor of deficiencies in order that corrections can be made and retesting performed prior to covering any substandard work with additional material. 7. Document quantities of materials used on the project by actual measurements and computations in a field notebook or computer printouts retained in a folder. 8. 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. 9. Submittal of FAA Form 5370-1, Construction Progress and Inspection Report, or equivalent form to the appropriate FAA field office. The frequency of submittal shall be established at the Preconstruction Conference. N. It is further agreed that the OWNER, the Federal Aviation Administration, the FY99164:ENGAGR doc 16 • • 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" appear 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. 0. 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. P. In executing this AGREEMENT, 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 representatives of the OWNER Q. The ENGINEER hereby assures that he has and will comply with the Title VI and DBE requirements set forth in Appendix 1, hereinafter. R. The ENGINEER hereby states that he has performed planning and design FY99164:ENGAGR.dw 17