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HomeMy WebLinkAbout17-01 RESOLUTION• RESOLUTION NO. 17-01 A RESOLUTION APPROVING A CONTRACT WITH McCLELLAND CONSULTING ENGINEERS, INC., IN THE AMOUNT OF $45,555.00 PLUS A CONTINGENCY IN THE AMOUNT OF $5000.00, FOR THE DESIGN AND CONSTRUCTION SUPERVISION OF THE RENOVATION OF WILSON AND WALKER PARKS TENNIS AND BASKETBALL COURTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That a contract with McClelland Consulting Engineers, Inc., is hereby approved, in the amount of $45,555.00 plus a contingency in the amount of $5000.00, for a total project cost of $50,555.00, for the design and construction supervision of the renovation of Wilson and Walker Parks tennis and basketball courts. A copy of the contract is attached hereto as Exhibit "A" and made a part hereof. PASSED AND APPROVED this 20th day of February , 2001. Pt- t / If ATTEST: By: Heather Woodruff, City Cle APPROVED: By: Charles D. Coody, Mayor NAME OF FILE• Resolution No. 17-01 • CROSS REFERENCE: 02/20/01 Resolution No. 17-01 02/20/01 Exhibit "A" (Copy of Agreement for Engineering Services with McClelland Consulting Engineers, Inc. 02/02/01 Departmental memo to Mayor Coody & City Council thru Don Bunn from Connie Edmonston regarding Wilson and Walker Park Tennis and Basketball Courts Contract Attachment: Wilson Park Tennis/Basketball Courts Map Attachment: Walker Park Tennis/Basketball Courts Map 02/20/01 Staff Review Form 03/08/01 Departmental memo from City Clerk NOTES: • • EXHIBIT A CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement is entered into and executed this/% day of ,Cag,taltyey , 2001, 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. WITNESSETH: Whereas, the OWNER is planning to effect improvements to Wilson Park and Walker Park, 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 from 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: J:/2001/012109/ENGAGRR.doc 1 X 2 ijo • • 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 compensation 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 The services provided by the ENGINEER are anticipated to involve but not necessarily to be limited to the renovation of 6 asphalt tennis courts and 2 asphalt basketball areas, including: • Provide site assessment, analysis and inventory. Evaluate surface and subsurface of all tennis and basketball court areas. Determine physical limitations and design opportunities of the existing sites including, but not limited to: configuration, drainage, core sampling, and site access. Recommend courses of action with cost estimates. • Prepare plans, construction drawings, specifications, and contract documents for bidding as determined by the course of action chosen by the City Plans must meet all local, state, and federal standards. Recommendations from the United State Tennis Association and the U.S. Tennis Court and Track Builders Association must be utilized. J:/2001/012109/ENGAGRR.doc 2 • • • Provide all engineering services for the project including, but not limited to: site surveys, drainage/grading plan, geotechnical report, construction details, stormwater management/erosion control plan, and an electrical plan • Written specifications will be developed to include all items necessary to renovate the tennis and basketball courts at both park sites. Specifications for items such as tennis net posts, tennis nets, playing fines, windscreens, court fencing, practice backboards, and new light timers for the tennis courts should be included. • Incorporate existing lighting at Wilson Park into all planning phases. The scope of work does not, however, include specifying new lighting for either park, but developing plans which allow for lighting to be installed or upgraded in the future. • Provide on-site construction management. Each visit will take place during essential project milestones. Make recommendations on maintenance for facilities after construction. • Advertisement for bids and the distribution of packages will be coordinated through the City's Purchasing Division. J:/2001/012 109/ENGAGRR.doc 3 • • SECTION III — INFORMATION & SERVICES The OWNER will furnish any specifications, standards and other information which may relate to the project including GPS survey data. The ENGINEER will utilize the City's aerial mapping data, as supplemented by on-site field surveys. 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. PRELIMINARY ENGINEERING 1. Develop existing site plans for both project areas. This will include providing field surveys and mapping, tied to the City's GPS control network. 2. Attend preliminary conferences with the OWNER regarding the proposed project, its general design, functions and impact. 3. Obtain, interpret and evaluate geotechnical data for design purposes. 4. Prepare a Preliminary Engineering Report (PER) which will present the results of the geotechnical and mapping efforts, as well as an engineering evaluation of the physical limitations of the project sites, design opportunities, and recommended courses of action with cost estimates. 5. Meet with the OWNER to present the Preliminary Engineering Report, and to make a recommendation on how best to proceed. J:/200 1 /012109/ENGAGRR.doc 4 • • B. DETAILED ENGINEERING PHASE 1. After the OWNER has confirmed its chosen course of action the ENGINEER will conduct final designs to prepare construction plans and specifications including final construction details and quantities, special provisions, cost estimates, make any needed plan changes as a result of the OWNER'S review, and all other work required to advertise and receive bids. 2. 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. 3. Establish benchmarks for elevation control and tie layout work to Fayetteville's GPS. 4. Provide construction administration during the construction process including attending pre -construction conferences, inspecting the work at construction milestones, reviewing Shop Drawings and samples, assisting with Change Orders, preparing monthly Contractor Pay Estimates, and preparing final "Record Drawings". 5. Provide a recommended Maintenance Plan for the constructed facilities. 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 finalized, 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. J:/2001/012109/ENGAGRR.doc 5 • • 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 provide the City with three (3) sets of documents for each submittal and will meet with the OWNER'S staff following each submittal. Submittals will be made at: the end of Preliminary Engineering Phase; 50% completion of the Detailed Engineenng Phase; and 95% completion of the Detailed Engineering Phase. 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. Drawings, specifications and contract documents on magnetic media compatible with AutoCAD software. C. The estimated cost of construction. D. Three (3) copies of the final plans for OWNER'S use. 3:/2001/012109/ENGAGRR.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 periodic 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 entenng 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 within thirty (30) days of receiving the OWNER'S Notice To Proceed and shall submit the Preliminary Engineering Report within 45 calendar days. After the OWNER has directed the ENGINEER to proceed with detailed design, the ENGINEER shall complete the plans for the construction contract within forty-five (45) calendar days. J:/2001/012I09/ENGAGRR.doc 7 • • The stipulated completion time shall be predicated upon the fact that the OWNER will promptly provide all pertinent requested information in its possession, and will conduct reviews/approvals of interim work in an expeditious manner. SECTION XII - FEES AND PAYMENTS Appendix A to this Agreement sets forth the basis for the compensation presented hereinafter. A. PRELIMINARY ENGINEERING PHASE 1. Geotechnical Investigation. The ENGINEER shall provide a geotechnical investigation of the two (2) project sites for hourly rates and unit prices (in accordance with Appendix 6) not to exceed $4,250. This amount will not be exceeded without written justification by the ENGINEER and approval by the OWNER 2. Surveying, Mapping, and Preliminary Engineering. For field surveys, evaluation of the geotechnical investigation, preliminary designs, coordination with the OWNER preparation of cost estimates, and publishing the Preliminary Engineering Report, the ENGINEER will receive a lump sum compensation of $9,930. B. DETAILED ENGINEERING PHASE 1. Final Designs and Bid Documents. For final designs, coordination with the OWNER and bid document preparation, the ENGINEER will be paid a lump sum of $16,830. 2. Bidding and Awarding Construction Contract. For assisting the OWNER advertising, bidding, and awarding the construction contract, the ENGINEER will be paid a lump sum of $1,030. J:/2001/012109/ENGAGRR.doc 8 • • 3. Construction Administration, Inspection, and Maintenance Recommendations. The fee for this task will be negotiated after the final construction documents have been prepared and a definitive scope of work has been determined. Based upon the currently — anticipated implementation plan this fee is estimated to be $10,000. 4. Construction Materials Testing. The ENGINEER will be paid for this work in accordance with the hourly rate and unit price schedule attached as Exhibit C. The estimated fee for construction materials testing is approximately $3,500. C. PAYMENTS Payment to the ENGINEER by the OWNER for 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 shall be made upon the OWNER'S approval and acceptance with the satisfactory completion 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 limitcontract 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 J:/2001/012109/ENGAGRR.doc 9 • • (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. 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. J:2001/012109/ENGAGRR.doc 10 • • 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 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. 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. B. 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. C 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 J:/2001/012109/ENGAGRR.doc 11 • • be checked and verified. D. The OWNER will designate a representative who 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 E 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. F. 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. G. 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, laboratory tests, and reproduction charges. J:/2001/0I2109/ENGAGRR.doc 12 • • H. In soils investigation 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. I. 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. J. 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. K. 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, J:/2001/012109/ENGAGRR.doc 13 • • and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions incidental thereto. L. The ENGINEER, when called for, shall provide an on-site 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 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 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 Specifications. J:/2001/012109/ENGAGRR.doc 14 • • 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. 8. Maintain a diary which should contain daily entries made and signed by the Inspector. 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. N. It is further agreed that the OWNER 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 under this AGREEMENT and until three years from date of final payment for the project. In addition, those records which relate to any dispute, 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 J:/2001/012109/ENGAGRR.doc 15 • • be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. O. 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 states that he has performed planning and design engineering on 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. SECTION XVII - 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. J:/2001/012109/ENGAGRR.doc 16 • • SECTION XVIII - 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 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. FOR THE CITY OF FAYETTEVILLE By: fir Mayor Date: 'z/7 /n ( FOR McCL By ATTEST: LAND CONSULTING ENGINEERS, INC. Date: President Zlt/0it 1 3:/2001/012109/ENGAGRR. doc ATTEST: 17 J,1200110121991FEE-CALC3.w03 N 1 r $5880 88888 r $ 8 mz PRELIMINARY ENGINEERING PHASE ww: mei= i0w�wwa u w 'i 'vm c 6 w PRELIMINARY SITE PLAN/LAYOUT CATEGORIZE PAVEMENT FAILURE PATTERNS APPLY ASPHALT INSTITUTE'S GUIDELINES ANALYZE DRAINAGE PATTERNS FORMULATE / PUBLISH REHABILITATION PLAN MEETING WITH CITY TO REVIEW PLAN SITE SURVEYS (MEETING WITH CITY ACQUIRE CRY MAPS SITE VISIT& PHOTOS PREPARE FOR MTG. WITH CRY ni' T C $ o m z 01 Al0 Ali IDENTIFY PROJ. COMPONENTS 7'. m' c. i 0' w m C o A 2 SCOPING CONTRACT NEGOTIATIONS PREPARE CONTRACT FORM z 1 4 w C 3 m z Q z m m 2 z0 TASK DESCRIPTION CISU CAne. HOMY MTV. N - u —w ... P 1 1 0.5 1 2 1.5 wU a --& MGRJENGR $29.94 P www 0 v Ca) la. , PROJECT ENGINEER 320.19 'w m ERGIREEHIRG' TECHNICIAN $18.03 0 92915 L Mad° _Saga- w 0 a kJ Int OPER. 2 12.20 8 4 w �$ $F LICENSED SURVEYOR $13.00 u SURVEY CREW $22.00 a a u CLERK TYPIST $12.00 oCa z m T. '0 m 8p; A r w 'w 00 8 MILEAGE $0.35 w 51 w » o o 88 888 88 m 9 m m A mn mti Cost 1.18 rises ment I teed 8 rajIto app 1J J w S P o 0 41“•001C1 0 .. +YPNNB£8N4w12r0Pat 1V 0 y� O� '{r S PO EIITENDEO TOTAL .P �$ N 1 r $5880 88888 r $ 8 mz PRELIMINARY ENGINEERING PHASE