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HomeMy WebLinkAbout69-03 RESOLUTION• • RESOLUTION NO. 69-03 A RESOLUTION APPROVING CONTRACT AMENDMENT #2 WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF SEVENTY ONE THOUSAND DOLLARS (571,000.00) FOR ENGINEERING SERVICES RELATING TO THE SALE OF THE ARKANSAS BUSINESS TECHNOLOGY PARK (WILSON SPRINGS BUSINESS PARK) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves Contract Amendment #2 with McClelland Consulting Engineers, Inc. in the amount of Seventy -One Thousand Dollars (571,000.00) for engineering services relating to the sale of the Arkansas Business Technology Park (Wilson Springs Business Park). PASSED and APPROVED this the 6th day of May, 2003. ' its ` ;CF By: 41.,d, Attat--) Sondra Smith, City Clerk APPROVED: By: AN COODY, Mayor' ‘ifr • • AMENDMENT NO. 2 TO ENGINEERING AGREEMENT FAYETTEVILLE BUSINESS TECHNOLOGY PARK PROJECT STATE OF ARKANSAS COUNTY OF WASHINGTON The basic agreement entitled CITY OF FAYETTEVILLE BUSINESS TECHNOLOGY PARK PROJECT, ENGINEERING AGREEMENT, is hereby amended. The referenced basic agreement pertains to the engineenng services associated with the Phase 1 development of a 289 -acre (approximately) parcel of City -owned land into a Business Technology Park. This Amendment entered into and executed on the date indicated beneath the signature blocks, by and between the City of Fayetteville (hereinafter "City of Fayetteville") and McClelland Consulting Engineers (hereinafter "McClelland") changes the Project Schedule, Scope of Services and Fees due to the request by the City of Fayetteville for an ALTA/ACSM survey in accordance with Item Number 3 of the REAL ESTATE PURCHASE AND SALE CONTRACT BETWEEN LEGACY PROJECT, LLC AND THE CITY OF FAYETTEVILLE. The following sections are hereby amended as follows: SECTION II - PROJECT SCHEDULE: The amended completion date for the amended scope of work shall be ninety (90) days from the time McClelland is authorized by the City of Fayetteville to proceed. J:\2002\022108Wmend2toENG-AGR.doc 1 • • SECTION III - SCOPE OF SERVICES: The amendment to the basic agreement changes the Scope of Services by deleting Items 4 through 10 of the basic agreement and adding services required for providing a current updated ALTA/ACSM Survey. The Survey shall indicate: 11. That the corners of the Property have been properly monumented; 12. The perimeter boundaries of the Property; 13. The location of all improvements upon or bounding the Property 14. The location of all easements within or traversing the Property, if any, giving recording data where applicable; 15. The location of all roadways traversing, adjoining or bounding the Property, giving recording data where applicable; 16. That there are no encroachments except as may be specifically shown on the Survey; 17. The number of "net acreage" of land within the Property which shall consist of one hundred eighty-nine (189) acres more of less. As used herein, the term "net acreage" shall mean the total number of acres of land within the Property, excluding any land lying within any existing river, creek, lake, waterway, wetland, drainage -way, rail way, 100 -year flood plain, or special flood hazard area; and 18. A certification from the surveyor in form and substance as the Surveyor's Certificate shown as Exhibit "B" of the REAL ESTATE PURCHASE AND SALE CONTRACT BETWEEN LEGACY PROJECT, LLC AND THE CITY OF FAYETTEVILLE. J12002\022108\Amend2toENG-AGR.doc 2 • • • 19. Sufficient plat data and information as required for a Lot Split between the total property, the "net acreage" property and the excluded property. SECTION IV - FEES: Per the above change in Scope of Services, the resulting Not to Exceed Fee is hereby reduced from the previously -amended amount of $145,085 to the reduced sum of $71,000. Except as amended specifically herein, the basic ENGINEERING AGREEMENT shall remain in full force as originally approved, executed and previously amended. 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: Mayor Date: </FA 3 Attest: FOR McCLELLAND CONSULTING ENGINEERS, INC.: By: Date: President (1/43 J:\2002\022108\Am end2toENG-AG R.doc Attest: \iO\ O J 44', ; N. ----r---., ..1f /r ,,.i_;, Protecngineer 3 NAME OF FILE: CROSS REFERENCE: Item # Date Document Resolution No. 69-03 1 04/15/03 Res. 69-03 w/Ex. A 2 04/23/03 Staff Review Form w/attachments draft resolution memo to city council 3 05/12/03 memo to Gary Dumas NOTES: FAYETTEVI,LLE THE CITY CA FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Gary Dumas Operations Department From: Clarice Buffalohead-Pearman City Clerk's Division Date: May 12, 2003 Re: Resolution 69-03 Attached hereto is a copy of the above resolution passed by the City Council, May 6, 2003, approving Amendment No. 2. to the agreement with McClelland Engineers, Inc. as required by the sales contract with Legacy Project, LLC and the city. The original resolution and agreement will be microfilmed and filed in the city clerk's office. If anything else is needed please let the city clerk's office know. /cbp Attachment(s) cc Nancy Smith, Internal Auditor SOF REVIEW FORM - FINANCIAL OBLIII/ION XXXXX AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: May 6, 2003 5/6/P63ya3 FROM: Gary Dumas Operations Name Division Department ACTION REQUIRED: Approve Contract Amendment #2 to Engineering Agreement with McClelland Engineers, Inc. for the Fayetteville Business Technology Park Project (Wilson Springs Business Park). Amendment #2 will reduce the fee from $145,085 to $71,000 and amend to scope by deleting work tasks 4 through 10 and adding services necessary to provide a current updated ALTA/ACSM Survey as required by the sales contract with Legacy Project, LLC and the City of Fayetteville. COST TO CITY: <$74,085> $ 145,085.00 Business and Technology Park Cost of this request Category/Project Budget Program Category / Project Name 0-6600-5314-00 and 4470-9470-5809 $ 30, 936.01 Account Number Funds Used to Date Program / Project Category Name 95075-10 $ 114,148.99 General Fund/Sales Tax Project Number Remaining Balance Fund Name BUDGET REVIEW: Budget ManagEr XXXXX Budgeted Item (f 2)- 03 Date Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: �yGCorney Date Purchasing Manager 4123 (03_ Date 4231.3 Date STAFF RECOMMENDATION: Approve Resolution Authorizing Contract Amendment Received in Mayor's Office ivie. ad Date Departmen Director Date F nanc & Internal Services Dir. ChieA inistrative Off er Mayo 4-2 3 - Date 441-03 Date Cross Reference: Previous Ord/Resp: Orig. Contract Date: Orig. Contract Number New Item: Date gas Yes RESOLUTION NO. A RESOLUTION APPROVING CONTRACT AMENDMENT #2 WITH McCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF SEVENTY ONE THOUSAND DOLLARS ($71,000.00) FOR ENGINEERING SERVICES RELATING TO THE SALE OF THE ARKANSAS BUSINESS TECHNOLOGY PARK (WILSON SPRINGS BUSINESS PARK). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves Contract Amendment #2 with McClelland Consulting Engineers, Inc. in the amount of Seventy 5 e Thousand Dollars ($71,000.00) for engineering services relating to) Arkansas Business Technology Park (Wilson SpringsBu��rk� PASSED and APPROVED this 6th day May, 2003. �i FAYETTEVTLLE THE CITY OF FAYITTEVILLE. ARKANSAS • DEPARTMENTAL CORRESPONDENCE DATE April 23, 2003 TO: Fayetteville City Council THRU: Dan Coody, Mayor Hugh Earnest, Chief Administrative Officer Gary Dumas, Director of Operations FROM: Ed Connell, Land Agent 611, RE: 1-540 Wilson Springs Park McClelland Consulting Engineers Modification to Existing Contract Background In 2002, the city entered into a contract with McClelland Consulting Engineers to do road and infrastructure design for the development of part of the subject business park. This contract was put on hold earlier this year for venous reasons and the project currently has a remainder of approximately $110,000 at this time. The original contract had a value of approx. $145,000, of which $ 34,000- 35,000 has been spent on preliminary work to date. Recently, the city was approached and an offer by Haynes, Ltd. was made for the purchase of this entire 289 acre tract of land. As part of this potential sale($5.2 MM), certain criteria is required as to an ALTA survey and the determination of a legal description for the 100-500 yr. flood water plain area and the area of the wetlands. Additionally, a lot split will have to occur such that the wetlands/flood plain area can be conveyed to a conservancy. Current Status With the potential sale of this property, the infrastructure design by (McClelland) the city is no longer necessary, however, we would like to use $ 36,000 of this money to have McClelland confirm the boundary survey of this 289 acre tract, replace any missing markers, and then try and define the flood plain area and the wetlands areas. McClelland has submitted the attached proposal for this purpose. The proposed cost ($ 71,000) of this amended contract represents $35,000 spent to date and $ 36,000 for the anticipated survey work. As a result of this amendment, approximately $74,000 of budgeted project money will not be used. Recommendation It is recommended that the mayor be authorized to enter into the proposed McClelland contract, with a maximum value of $71,000 and the scope as outlined herein.