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HomeMy WebLinkAbout20-02 RESOLUTIONRESOLUTION NO. 20-02 • A RESOLUTION APPROVING A CONTRACT WITH McCLELLAND CONSULTING ENGINEERS, INC IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-EIGHT THOUSAND ONE HUNDRED FIFTY-EIGHT DOLLARS ($128,158.00) FOR ENGINEERING SERVICES RELATING TO THE DEVELOPMENT OF THE ARKANSAS BUSINESS TECHNOLOGY PARK; AND APPROVING A ROLL -FORWARD BUDGET ADJUSTMENT IN THE AMOUNT OF ONE MILLION FOUR HUNDRED NINETY-FOUR THOUSAND SIX HUNDRED TWO DOLLARS ($1,494,602.00) FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a contract with McClelland Consulting Engineers, Inc. in an amount not to exceed One Hundred Twenty -Eight Thousand One Hundred Fifty -Eight Dollars ($128,158.00) for engineering services relating to the development of the Arkansas Business Technology Park. A copy of the amendment, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council hereby approves a Roll -Forward Budget Adjustment in the amount of One Million Four Hundred Ninety -Four Thousand Six Hundred Two Dollars ($1,494,602.00) for same. Section 3. That the City Council hereby authorizes the Mayor to sign such a contract amendment with McClelland Consulting Engineers, Inc. PASSED and APPROVED this 5th day of February, 2002. APPROVED: By: DAN COODY, Mayor NAME OF FILE: CROSS REFERENCE: Resolution No. 20-02 02/05/02 Resolution No. 20-02 Engineering Agreement (Fayetteville Business Technology Park Project) with McClelland Consulting Engineers 01/23/02 Copy of the Budget Adjustment Form 01/25/02 Memo to Mayor and City Council from Gary Dumas regarding contract with McClelland Consulting Engineers for Subdivision Planning and Design for the Arkansas Business Technology Park 01/18/02 Letter to Gary Dumas, from Johnny Quinn, PE, President, McClelland Consulting Engineers, Inc. 02/05/02 Staff Review Form 02/19/02 Memo to Gary Dumas, Utilities Service Director, from Heather Woodruff, City Clerk NOTES: • 1 ENGINEERING AGREEMENT FAYETTEVILLE BUSINESS TECHNOLOGY PARK PROJECT STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement is entered into and executed on the date indicated below the Owner's signature block, by and between the City of Fayetteville (OWNER) and McClelland Consulting Engineers (ENGINEER). The Sections that follow set forth the project description, project schedule, engineering fees, and other contract conditions related to the Fayetteville Business Technology Park Project for which the Engineer is hereby retained to provide services. SECTION I - PROJECT DESCRIPTION The project is to consist of: reviewing existing City -collected data to utilize whatever information might be helpful; coordinating very carefully with the City's Landscape Architect to promote a "campus -type" setting in the developed area; coordinating very carefully with EGIS (environmental consultants retained separately by the Owner to address wetlands mitigation and public input programs); performing the preliminary engineering necessary to prepare and submit a Preliminary Plat application in accordance with City requirements; formulating a phasing plan for construction; providing preliminary construction cost estimates for full development as well as for Phase 1 improvements, as determined by the Owner in accordance with budget restrictions; and performing the engineering services associated with the detailed J:\2002\Proposals\PAYETTEVILLE\BUSINESS TECHNOLOGY PARK\REVISED ENGINEERING CONTRACT.doc 1 Er m 0 • • design and construction of the Phase 1 development of a 289 -acre (approximately) parcel of City -owned land into a Business Technology Park, of which approximately 95 acres are to be protected as a natural preserve area. SECTION II - PROJECT SCHEDULE From the time the OWNER issues the Notice To Proceed (NTP), the ENGINEER will endeavor to obtain the necessary approvals for the Preliminary Plat from the City's Planning Department and concurrence in advertising for bids from the City Engineering Department and the Arkansas Department of Health in order that construction bids for Phase 1 development of the Fayetteville Business Technology Park can be opened in October, 2002. It is expressly understood that for the Engineer to meet this schedule the Owner must provide timely reviews of the Engineer's work and respond with reasonable promptness to requests for direction made by the Engineer. Regardless of the status of the Corps of Engineers Permit Application (to be prepared and submitted by others), the Engineer must be authorized to commence detailed design not later than June 1, 2002 in order to meet the October, 2002 bid opening date. However, the Engineer shall proceed only with the first four items of work listed in Section IV of this Agreement until specifically authorized to do otherwise by the City Council. SECTION III - SCOPE OF SERVICES The ENGINEER shall, generally, provide those services necessary to prepare a Preliminary Plat and formulate bid documents for the Phase 1 development of the J:\2002\Proposals\FAYETTEVILLE\BUSINESS TECHNOLOGY PARK\REVISED ENGINEERING 2 CONTRACT.doc • • Business Technology Park. Specifically, the scope of work is likely to include those tasks listed by Line Number in Appendix B to this Agreement. SECTION IV - FEES Because of some uncertainty regarding the precise scope of work to be performed by the Engineer, due to the environmental sensitivity of the site to be developed, the Engineer is to be compensated on an hourly rate basis with the fees estimated to be as presented in Appendix B. Appendix A presents hourly rates for personnel anticipated to be assigned to this project by the ENGINEER. As a summary of Appendix B, the estimated fee breakdown is as follows: 1. Team Planning and Coordination Meetings: 2. Preparation for and Presentations at Public Meetings: 3. Field Trip to Observe A Similar Preserved Wetlands Project: 4. Land "Swap" with Adjacent Property Owner: 5. Lot Split and/or Master Street Plan Revision: 6. Preliminary Engineering Required for Preliminary Plat: 7. Preparation and Submittal of Preliminary Plat: 8. Phase 1 Design Services: 9. Phase 1 Construction Phase Administration Services: 10. Construction Materials Testing: TOTAL ESTIMATED FEE: $ 6,875 $ 4,461 $ 1,380 $ 3,259 $ 1,828 $17,550 $11,677 $58,044 $17,373 $ 5,711 $128,158 The total estimated fee presented above shall not be exceeded without the written 1:X2002\Proposals\FAYETTEVILLEU3USINESS TECHNOLOGY PARK\REVISED ENGINEERING CONTRACT.doc 3 • • approval of the Owner. It is specifically pointed out that the total estimated fee does not include any recreational facility design, nor day-to-day construction inspection, nor Final Plat work. However, these services can be provided under a contract amendment should the Owner desire to negotiate an additional fee for this work. SECTION V - PAYMENTS Payments to the ENGINEER for services provided as generally described hereinbefore are to be made within 30 days after the Engineer has forwarded an invoice to the Owner for services performed during the preceding months. SECTION VI — OTHER PROVISIONS The parties further mutually agree hereto: 1. That, the OWNER will designate a representative to direct and coordinate the ENGINEER's effort who will be the only source of instructions to the ENGINEER and who shall have the authority to interpret the OWNER's policy as necessary to maintain the ENGINEER's work schedule, administer the AGREEMENT, and certify the ENGINEER's payment request. 2 That, the OWNER shall make available to the ENGINEER all technical data in the OWNER's possession, including maps, surveys, boring logs, and other information required by the ENGINEER and relating to his work. 1:\2002\Proposals\FAYETTEVILLE\BUSINESS TECHNOLOGY PARK\REVISED ENGINEERING 4 CONTRACT.doc • • 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 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. 4. That, the ENGINEER shall maintain a level of competency presently maintained by other practicing professional engineers in the same type of work in the middle southwestern United States, for the professional and technical soundness and accuracy of all designs, drawings, specifications, and other work and materials furnished under the AGREEMENT 5. That, either party may terminate this AGREEMENT at any time by a notice in writing to the other party. If the AGREEMENT is terminated as provided herein, the ENGINEER will be paid for services actually performed; the amount of said payment shall bear the same ratio to the total compensation specified in the executed task orders as the services actually performed bear to the total services of the ENGINEER covered by the executed task orders, less payments of compensation previously made. 6. That, 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, 1:\2002\Proposais\FAYETTEVILLE\BUSINESS TECHNOLOGY PARK\REVISED ENGINEERING 5 CONTRACT.doc • • • which are mutually agreed upon by and between the OWNER and the ENGINEER, shall be incorporated in written amendments to this AGREEMENT. 7. 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. 8. That, all claims, counter -claims, disputes and other matters in question between the OWNER and the ENGINEER arising out of or relating to this AGREEMENT or in the breach thereof, will be decided by arbitration only if both parties hereto specifically agree to the use of arbitration in regard to the individual matter in dispute. 9. That, in the event of any legal or other controversy requinng the services of the ENGINEER in providing expert testimony in connection with the Project, except suits or claims 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. 10.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 1:\2002\Proposals\FAYETTEVILLE\BUSINESS TECHNOLOGY PARIOREVISED ENGINEERING 6 CONTRACT.doc • • 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 contracts(s) and for all safety precautions needed to execute construction and inspection. 11.That, if the Owner so directs, the ENGINEER shall provide on-site inspection personnel and will make reasonable efforts to guard the OWNER against defects and deficiencies in the work of the contractor(s) and to help determine if the construction contract has been fulfilled. Their day-to-day observation will not, however, cause the ENGINEER to be responsible for those duties and responsibilities which belong to the construction contractor(s) and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions incidental thereto, and for performing the construction work in accordance with the Contract Documents. 12.That, the ENGINEER has the right to subcontract services; however, the OWNER has the right to approve such subcontract services or to reject Subcontractors who are to perform work on the project in excess of $5,000.00. 13.That, 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 1:\2002\Proposals\FAYETTEVILLE\BUSINESS TECHNOLOGY PARK\REVISED ENGINEERING 7 CONTRACT.doc • • 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. 14.That, the 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. 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: Date: 4- Attest: FOR McCLELLAND CONSULTING ENGINEERS, INC.: President Date: 2-1&/0 /O Attest: lc President J:\2002\Proposals\FAYETTEVILLE\BUSINESS TECHNOLOGY PARK\REVISED ENGINEERING 8 CONTRACT.doc • • • APPENDIX A Hourly Rates for Personnel Fayetteville Business Technology Park Project CATEGORY BILLABLE HOURLY RATE RANGE Project Director Principal Engineer Engineer III Engineer 11 Engineer I Registered Surveyor Computer Technician Engineering Technician Survey Crew (2 man) Clerical Support CADD Technician III CADD Technician 11 CADD Technician 1 Soils Lab Supervisor Soils Technician 11 Soils Technician I Mileage $104 $ 96 $ 78 $ 58 $ 49 $ 51 $ 53 $ 53 $ 70 $ 36 .. $ 55 $ 47 $ 30 $ 45 $ 30 $ 27 $0.34/mile 1:\2002\Proposals\FAYETfEVILLE\BUSINESS TECHNOLOGY PARKWppendix A Hourly Rates.doc LT,U Ut d (J U J N N _8t0&JO14 J y. A} A} a{i D D J N u J O10m W {y W V y (.� A(ll! {� {.t W is W W {� N N V pciA trig N N N W N N N -+O N IflO V p{A D W to ID +40 MA CA) N+ Z C Q i m PUBLIC MEETING - 1 I WalULL. PlLAJ11IV!VML 1-ItLU INVt51 H.A I JUN _ RE-EVALUATE_ SCHEDULE REVISE PRELIMINARY PLAT lonn.o 006..a.A.....-...-� �.-..... �. ;r,, EyA ^'Zmg Tml 7 7 rr ' °U ,! -D 'inc .r OZO C nr z • w.Iytnn rune nr unman OT YftlAnW/y flat to U[y STATUS MEETING WITH TEAM PUBLIC MEETING TEAM MPF TIMI: Tr) of nccocc 01 Ani Ac A [MCI n -r lir ni i01 it lulu .T M a a 4 4 3 g g to22E � - a[9 xaaaae q t.o .�'OI reaot7 .'U010'P IClla0I*J aziwnahaijU( - 1a0481 V 1rt.tm Wlvi•.crlmr' • E oR� P}. i Q 1,,; 3 gl �C90 2N F N. 4 5k L` g. 5D m % ¢ ii a 5 Ales% eft I ' n�o gj71 g- 9d i_ -S R rs z 'amyl u..•.. awl rwlgn 111'M1f VVI 111 1 CfWI C1 RQh flt I“ KIT •hITr wM MtE I ;..:188 S-41.47-5t$5e� '- _or1 ?� ;$p " a �f0 � 3_S D mC Co pq Qi iiF3 v Dj Npl�cLa 1�2 o �E�i 2 v. 010157Mn c. NVRO ate PL PREDICT P O €ST to 4 PATTERNS ERNS.. __..... PREDICT PEDESTRIAN PATTERNS P1i i� Lo� �> a�Xg JO im CA "q oo m35 A ''QQ g g y}! m 32iC a �$ 33 A fa.;A�QoV�i ' �� 43 �C- C? 3 1.4/C114 Ir l^n miv Antra I U ac rtttOt_1<vtu 11 'A� CTnfx�f� e '`.a.m HICK lm )�C �c m 55 rt1� 4 6 JD mz y r m -,.o 3P3P EZfrQ a YTR mA 1 Om <pE < li zz m- <f ? tnc 6 it z z IN 1 Fl(Vit W S VVI R'1 ASS()C)ATED PAHTIz$ 59 2 N 4Z1 g°y 2 TASK DESCRIPTION t 1 i g y .1 o El z N P N PROJECT DIRECTO A O U O P O P-. v -, N 05 4 n 4 N N 4 20 m N N m A O R - l 1 m m N N A N + m ++N + N ENGINEER III_ m A. A A+- N M A A C+ N EA A A l g U N o l m J� El- co m ak ft 8 -. A A + + c ep a -� L.J. pi m co A m -. N A A A ENGR TECH. a m A A M L 8 1 m A _- 4 '� m 01 A A o $SSI 0 n n SI N A N v m A m A m v m a -°/.., LAN 0 L'i P Ln1 A SOILS TECH_I_ o 0, 0 0 0 8 Ln 8 o 1 8 8u, 525 o W - 000. r�^M `nh W 6232.00 63,685.40 6346.00 6872.00 f N. 6860.40 51.12] 40 M NNaOa 0g A 88880+0088 t N f�N a N 0 W N VM O �1 yT twua OL tt6$ v, 0♦ 'oS g V g yf11 • $648.40 tl ttnaa f 2111 Al.:i :2 3E $1,024.00 11,516.00 es. IN I♦ ;`A! • 3 a f i t..•.a,.,•• M Il�p�f • m 38803E N M p t ii•PO CAW •l1 AA 1g •yyi+,M • 3 a y ,rts 88888J$o880oS8058 p �y p m m -- u! 3m +MMMM' N i y w q N M st tNOIN O ffff N p O opp • S1LVWf1S3111101. • \\( \& 1.4 CI \(ate 00FCpa4ETr - } 1.4 CJ tri / a/ƒ\ {9. \ 13 0 49 M. DNJ al cu D MI CO 9C r NJ NJ ill j 30 } CO 0 La LO cn CO LO CFI CO OD .61 4S11S1'9Z LS • k 4 • • • • ENGINEERING AGREEMENT v FAYETTEVILLE BUSINESS TECHNOLOGY PARK PROJECT STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement is entered into and executed on the date indicated below the Owner's signature block, by and between the City of Fayetteville (OWNER) and McClelland Consulting Engineers (ENGINEER). The Sections that follow set forth the project description, project schedule, engineering fees, and other contract conditions related to the Fayetteville Business Technology Park Project for which the Engineer is hereby retained to provide services. SECTION I - PROJECT DESCRIPTION The project is to consist of: reviewing existing City -collected data to utilize whatever information might be helpful; coordinating very carefully with the City's Landscape Architect to promote a "campus -type setting in the developed area; coordinating very carefully with EGIS (environmental consultants retained separately by the Owner to address wetlands mitigation and public input programs); performing the preliminary engineering necessary to prepare and submit a Preliminary Plat application in accordance with City requirements; formulating a phasing plan for construction; providing preliminary construction cost estimates for hill development as well as for Phase 1 improvements, as determined by the Owner in accordance with budget restrictions; and performing the engineenng services associated with the detailed J:X2002\Proposals\FAYETTEVILLE\BUSINESS TECHNOLOGY PARKENGINEERING CONTRACT.doc 1 • • • design and construction of the Phase 1 development of a 289 -acre (approximately) parcel of City -owned land into a Business Technology Park, of which approximately 95 acres are to be protected as a natural preserve area. SECTION II - PROJECT SCHEDULE From the time the OWNER issues the Notice To Proceed (NTP), the ENGINEER will endeavor to obtain the necessary approvals for the Preliminary Plat from the City's Planning Department and concurrence in advertising for bids from the City Engineering Department and the Arkansas Department of Health in order that construction bids for Phase 1 development of the Fayetteville Business Technology Park can be opened in October, 2002. It is expressly understood that for the Engineer to meet this schedule the Owner must provide timely reviews of the Engineer's work and respond with reasonable promptness to requests for direction made by the Engineer. Regardless of the status of the Corps of Engineers Permit Application (to be prepared and submitted by others), the Engineer must be authorized to commence detailed design not later than June 1, 2002 in order to meet the October, 2002 bid opening date. SECTION III - SCOPE OF SERVICES The ENGINEER shall, generally, provide those services necessary to prepare a Preliminary Plat and formulate bid documents for the Phase 1 development of the Business Technology Park. Specifically, the scope of work is likely to include those tasks listed by Line Number in Appendix B to this Agreement. 1:\2002Wroposals\FAYETTEVILLE\BUSINESS TECHNOLOGY PARKENGINEERING CONTRACT.doc 2 • • SECTION IV - FEES Because of some uncertainty regarding the precise scope of work to be performed by the Engineer, due to the environmental sensitivity of the site to be developed, the Engineer is to be compensated on an hourly rate basis with the fees estimated to be as presented in Appendix B. Appendix A presents hourly rates for personnel anticipated to be assigned to this project by the ENGINEER. As a summary of Appendix B, the estimated fee breakdown is as follows: • Team Planning and Coordination Meetings: • Preparation for and Presentations at Public Meetings: • Field Trip to Observe A Similar Preserved Wetlands Project: • Land `Swap' with Adjacent Property Owner: • Lot Split and/or Master Street Plan Revision: • Preliminary Engineering Required for Preliminary Plat: • Preparation and Submittal of Preliminary Plat: • Phase 1 Design Services: • Phase 1 Construction Phase Administration Services: • Construction Materials Testing: TOTAL ESTIMATED FEE: $ 6,875 $ 4,461 $ 1,380 $ 3,259 $ 1,828 $17,550 $11,677 $58,044 $17,373 $ 5,711 $128,158 The total estimated fee presented above shall not be exceeded without the written approval of the Owner. It is specifically pointed out that the total estimated fee does not include any recreational facility design, nor day-to-day construction inspection, nor Final Plat work. However, these services can be provided under a contract amendment J:\2002Troposals\FAYETTEVILLE\BUSINESS TECHNOLOGY PARK\ENGINEERING CONTRACT.doc 3 • • should the Owner desire to negotiate an additional fee for this work. SECTION V - PAYMENTS Payments to the ENGINEER for services provided as generally described hereinbefore are to be made within 30 days after the Engineer has forwarded an invoice to the Owner for services performed dunng the preceding months. SECTION VI — OTHER PROVISIONS The parties further mutually agree hereto: 1. That, the OWNER will designate a representative to direct and coordinate the ENGINEER's effort who will be the only source of Instructions to the ENGINEER and who shall have the authonty 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. 2. That, the OWNER shall make available to the ENGINEER all technical data in the OWNER's possession, including maps, surveys, boring logs, and other information required by the ENGINEER and relating to his work. 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 judgment in applying presently available cost data, but it is recognized that the ENGINEER has no J:\2002Wroposals\FAYETTEVILLE\BUSINESS TECHNOLOGY PARK\ENGINEERING CONTRACT.doc 4 • • 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. That, the ENGINEER shall maintain a level of competency presently maintained by other practicing professional engineers in the same type of work in the middle southwestem United States, for the professional and technical soundness and accuracy of all designs, drawings, specifications, and other work and materials furnished under the AGREEMENT. 5. That, either party may terminate this AGREEMENT at any time by a notice in wnting to the other party. If the AGREEMENT is terminated as provided herein, the ENGINEER will be paid for services actually performed; the amount of said payment shall bear the same ratio to the total compensation specified in the executed task orders as the services actually performed bear to the total services of the ENGINEER covered by the executed task orders, less payments of compensation previously made. 6. That, 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. J:\2002\Proposals\FAYETTEVILLE\BUSINESS TECHNOLOGY PARK\ENGINEERING CONTRACT.doc 5 • • 7. 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 authonties and shall secure the necessary land, easements and nghts- of -way as described by the ENGINEER. 8. That, all claims, counter -claims, disputes and other matters in question between the OWNER and the ENGINEER arising out of or relating to this AGREEMENT or in the breach thereof, will be decided by arbitration only if both parties hereto specifically agree to the use of arbitration in regard to the individual matter in dispute. 9. 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 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. 10.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 J:\2002\ProposalsWAYETTEVILLE\BUSINESS TECHNOLOGY PARK\ENGINEERING CONTRACT.doc 6 • • and completing all portions of the work under the construction contracts(s) and for all safety precautions needed to execute construction and inspection. 11. That, if the Owner so directs, the ENGINEER shall provide on-site inspection personnel and will make reasonable efforts to guard the OWNER against defects and deficiencies in the work of the contractor(s) and to help determine if the construction contract has been fulfilled. Their day-to-day observation will not, however, cause the ENGINEER to be responsible for those duties and responsibilities which belong to the construction contractor(s) and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions incidental thereto, and for performing the construction work in accordance with the Contract Documents. 12.That, the ENGINEER has the right to subcontract services; however, the OWNER has the right to approve such subcontract services or to reject Subcontractors who are to perform work on the project in excess of $5,000.00. 13.That, 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 restncted 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. J: \2002\Proposals\PAYETTEVILLE\BUSINESS TECHNOLOGY PARKENGINEERING CONTRACT.doc 7 • • 14. That, the 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. 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: Attest: Mayor Date: FOR McCLELLAND CONSULTING ENGINEERS, INC.: By: Attest: President Vice President Date: J:\2002\Proposals\FAYETTEVILLEWUSINESS TECHNOLOGY PARK\ENGINEERING CONTRACT.doc 8 • • • APPENDIX A Hourly Rates for Personnel Fayetteville Business Technology Park Project CATEGORY BILLABLE HOURLY RATE RANGE Project Director Principal Engineer Engineer III Engineer II Engineer I Registered Surveyor Computer Technician Engineering Technician Survey Crew (2 man) Clencal Support CADD Technician III CADD Technician II CADD Technician I Soils Lab Supervisor Soils Technician II Soils Technician I Mileage $104 $ 96 $ 78 $ 58 $ 49 $ 51 $ 53 $ 53 $ 70 $ 36 $ 55 $ 47 $ 30 $ 45 $ 30 $ 27 $0.34/mile .1:\2002\Proposals\FAYETTEVILLE\BUSINESS TECHNOLOGY PARK\Appendix A Hourly Rates.doc O) Si' A W a n ow N+ Z -4071 m 0 [nry^,m Ro 0 0 o CI fl, of~n Z g N N m H fp y !n w • d C a— N N `cG . 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Justification of this Increase: The project is in progress and the funding is needed to complete the intuiting phases of work. • Date Requested January 23, 2002 Adjusttnan 11 ' Y c: � �� o Project or Item Deleted: None. The unused project funds approved in 2001 will be used to fiord this request. The project funds include $679,200 in gram funding received in 2000 and 2001. Justification of this Decrease: Cash & investmrnts exist in Sales Tax Capital Improve:neat Fund for this project. Increase Expense (Decrease Revenue) Account Name Amount Street Improvements 1,494,602 Account Numher _ Project Number 4470 9470 5809 00 95075 1 Decrease Expense (Increase Revenue) Account Narne Amount Account Number Project Number 4470 0947 4999 99 Use of Fund Balance 1,494,602 Approval Signatures Date Date Director J 2 rol dmin ayor Budget Office Use Only Type: A Date of Approval Posted to General Ledger Posted to Project Accounting En art in Category Log • • FAYETTEVILLE THE CYT) OF FAYETTE! MLLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mayor and City Council From: Gary Dumas Date: Friday, January 25, 2002 Subject: Contract With McClelland Consulting Engineers for Subdivision Planning and Design for the Arkansas Business Technology Park Background: In the late 1980's, the City of Fayetteville began efforts to develop what was then known as the Arkansas Rcsearch and Technology Park. The name has now been changed to not conflict with other area research parks, to the Arkansas Business and Technology Park. For a variety of reasons, the project failed to materialize through the 1990's. be1Wer The City is proposing a coordinated endeavor been the City, the Fayetteville Chamber of Commerce, EGIS Consulting, and McClelland Engineering to accomplish the long standing objective of creating an environmentally responsible business technology park development. Through the 1990's, considerable effort was expended on the site planning but no conclusion could be reached due to the inability to reach closure on the appropriate balance between the environmental issues and the need to create a sustainable business development. This project is being outsourced to McClelland Engineering due to the current workload within the City's Engineering Division and the need to expedite the site planning and development process in order to take advantage of Arkansas State Economic Development Grants that the Chamber of Commerce has successfully applied for. McClelland will work closely with City staff and EGIS to design a project that takes full advantage of the unique environmental setting of this site and the desire to create a business park that offers site amenities not found in other business parks in the region. Due to the variables in the amount of work that may be required as the project progresses and the amount of usable data generated by earlier efforts on this site the contract with McClelland Engineering is based on a hourly charge not to exceed the total amount of $128,158. The fewer changes required from earlier work, the lower the ultimate fee will be. In no event will the fee exceed $128,158. Recommendation: Approve Resolution authorizing execution of the attached Contract. Environmental Services Department 113 West Mountain Street Fayetteville. Arkansas 72703 •I elcpiione: 511 i -575- u Fax: 501-575-8257 email: ciiunias(iici.faycttcviIlc.ar.us • MZECONSULTING McCLELLAND I DESIGNED ,o SERVE I ENGINEERS, INC. P.O. Box 1229 Fayetteville, Arkansas 72702-1229 501-443-2377 FAX 501-443-9241 January 18, 2002 Mr. Gary Dumas City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 RE: Proposed Engineering Services Contract Fayetteville Business Technology Park Dear Mr. Dumas: I am transmitting herewith a copy of our proposed engineering Agreement in accordance with our recent discussions. I will be "mobile" (phone: 530-9939) until late afternoon today. I will call you upon my return to the office to see if you have comments or questions that need to be addressed prior to Monday morning. By way of comments regarding the factors, which influenced the formulation of our proposal, I offer the following: 1. We understand that this will be a high-profile project because of its environmental sensitivity and we welcome the opportunity to serve on a team, which will undertake this challenge. 2. Prior to the preparation of this proposal, we met with the City Engineer's office, the City Planning Office, the City's Landscape Architect, and representatives of EGIS. So, we have gained some insight into the background of the project. We are committed to being a "team player and pledge to carefully coordinate our activities with other team members. 3. We know that the schedule will be challenging. We are committed to meeting the bid opening date of October 2002. As specifically pointed out in our proposed Contract, in order to meet that deadline we will need to commence detailed design of the Phase 1 improvements not later than June 1, 2002, regardless of the status of the Corps of Engineers permit application. • • 4. Our proposed fee, presented on page 3 of the Agreement, has been presented in a way that allows you to see the various components that make up the total fee. Since this is a "different" kind of project, I want you to be able to see where some of the unusual costs are occurring. Please note the qualifying "Notes" at the bottom of the second page of Appendix "B" to the Contract. The Phase 1 design and construction phase services have been estimated for a typical development project that costs approximately $1 million since that appears to be the budget for McClelland's part of the work at this time. Obviously, the magnitude (and, thus, the fee) could change with a change in Phase 1 project scope and size. Again, we thank you for the opportunity to work with the City on this important project. I look forward to calling you this aftemoon to discuss this matter further. Sincerely,