HomeMy WebLinkAbout52-05 RESOLUTIONOStp-.44110 %Kyr
RESOLUTION NO. 5 2 — 0 5
A RESOLUTION TO APPROVE AN ENGINEERING SERVICES
CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS,
INC. IN THE AMOUNT OF $26,679.50 PLUS A CONTINGENCY
IN THE AMOUNT OF $4,000.50 FOR A STUDY OF OPTIONS
FOR THE ICINGS DRIVE IMPROVEMENT PROJECT AND TO
APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$35,000.00
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 an Engineering Services contract with McClelland Consulting Engineers, Inc. in
the amount of $26,679.50 plus a contingency in the amount of $4,000.50 for a study of
options for the Kings Drive Improvement Project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
approves a budget adjustment in the amount of $35,000.00.
PASSED and APPROVED this 15th day of March, 2005.
ATTEST:
By: andiAtta
SONDRA SMITH, City Clerk
By:
APPROVED:
DAN COODY, Mayor
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
MCCLELLAND CONSULTING ENGINEERS, INC.
FAYETTEVILLE, ARICANSAS
TI -IIS AGREEMENT is made as of 141101/1 16 ,2005, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and
McClelland Consulting Engineers, Inc. with offices located in Fayetteville, Arkansas (hereinafter called
McClelland).
CITY OF FAYETTEVILLE requires professional engineering services in connection with the study and
analysis of street and slope failure along Kings Drive, on Mount Sequoyah. Therefore, CITY OF
FAYETTEVILLE and McClelland in consideration of their mutual covenants agree as follows:
McClelland shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYE1TEVILLE during the performance of McClelland's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1- AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of McClelland.
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of McClelland.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council
in advance of the change in scope, costs, fees, or delivery schedule.
2005/Proposals/Fayetteville Kings Drive.doc 1
SECTION 2- BASIC SERVICES OF MCCLELLAND
2.1 General
2.1.1 Perform professional investigative/study services in connection with the Project as hereinafter
stated, which shall include normal civil and geotechnical engineering services.
2.1.1.1 The Scope of Services to be furnished by McClelland during the Investigative/Study
Phase is included in Section 2.2 hereafter and in Appendix A attached hereto and made
part of this Agreement.
2.1.1.2 The Scope of Services to be furnished by McClelland during the Design Phase, if any,
will be finalized and contained in an amendment to this Agreement after the
Investigative/Study phase has been completed.
2.1.1.3 The Scope of Services to be furnished by McClelland during the Bidding Phase, if any,
will be finalized and contained in an amendment to this Agreement after Design is
completed.
2.1.1.4 The Scope of Services to be furnished by McClelland during the Construction Phase, if
any, will be finalized and contained in an amendment to this Agreement after Design is
completed.
2.1.1.5 The Scope of Services to be furnished by McClelland for Resident Services during
Construction, if any, will be finalized and contained in an amendment to this Agreement
after Design is completed.
2.2 Investigative/Study Phase
2.2.1 The Investigative/Study Phase will consist of an engineering study on the repair strategy for
the damaged portions of Kings Drive, the evaluation of alternatives (including a revision to
current lane widths and/or traffic patterns), and the development of a preliminary project cost
estimate.
2.3 Design Phase
2.3.1 Prepare for incorporation in the Contract Documents detailed drawings to show the character
and scope of the Work to be performed by contractors on the Project (hereinafter called the
"Contract Drawings"), and Invitation to Bid, Instructions to Bidders, Bid Form, Agreement
2005/Proposal/Fayetteville King's Drive.doc 2
and Bond forms, General Conditions, and Specifications (all of which, together with the
Contract Drawings, are hereinafter called the "Bid Documents") for review and approval by
CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist
CITY OF FAYETTEVILLE in the preparation of other related documents.
2 3 1 1 Bid documents shall be based on Construction Specifications Institute (CSI) Master
Format and Section Format and shall incorporate CITY OF FAYETTEVILLE's standard
general conditions and forms. Text documents shall be provided to CITY OF
FAYETTEVILLE in Microsoft® Word software. Contract drawings shall be prepared
using standard borders, sheet sizes, title blocks and CADD standards provided by CITY
OF FAYETTEVILLE. McClelland may use their normal software for the preparation of
drawings but the final product shall be provided to CITY OF FAYETTEVILLE in
Autodesk AutoCAD version 2002.
2.3.1.2 Develop for approval by CITY OF FAYETTEVILLE, a project design schedule in which
McClelland shall include, in an acceptable level of detail, the steps and milestone dates to
be undertaken by McClelland in the completion of design. This Schedule shall include
reasonable allowances for review and approval times required by CITY OF
FAYETTEVILLE, and review and approval times required by public authorities having
jurisdiction over the Project. This schedule shall be equitably adjusted as the Project
progresses, allowing for changes in scope, character or size of the Project requested by
CITY OF FAYETTEVILLE, or for delays or other causes beyond McClelland's
reasonable control. Nonconformance with this schedule by McClelland and its
subconsultants may result in the assessment of damages payable by McClelland to the
CITY OF FAYETTEVILLE for costs and damages incurred. The maximum cost liability
of McClelland shall be limited to the total gross amount payable to or through the
Consultant authorized under this agreement, including amendments thereto.
2.3.1.3 When requested by the CITY OF FAYETTEVILLE prepare for and attend up to two City
Council meetings to provide periodic updates on the progress of the design.
2 3 1 4 If the plans and specifications for the project require bids on alternates in addition to a
base bid, there shall be no more than three (3) alternates, and the alternates shall be
developed and described in accordance with Title 22, Article 9-203 of the Arkansas
Code.
2005/Proposal/Fayetteville King's Drive.doc 3
2.3.2 Prepare technical criteria, written descriptions, design data, and applications necessary for
filing applications for permits from or approvals of the following applicable governmental
authorities having jurisdiction to review or approve the final design of the Project and assist
in securing approvals. Actual Filing and Permit Fees will be paid by the CITY OF
FAYETTEVILLE. Assist CITY OF FAYETTEVILLE in consultations with appropriate
authorities.
2.3.2.1 Arkansas Department of Health (ADH)
2.3.3 Advise CITY OF FAYETTEVILLE of adjustments in excess of five percent of the cost
opinion for the Project caused by changes in scope, design requirements, or construction costs
and furnish a revised cost opinion for the Project based on the final Bid Documents.
2.3.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including,
but not limited to, construction, inspection, testing and close out.
2.3.5 Furnish CITY OF FAYETTEVILLE with 5 copies of the final Bid Documents.
2.3.6 Determine land and easement requirements and provide consultation and assistance on
property procurement and easement preparation as related to professional engineering
services being performed.
2.3.7 Provide appropriate professional interpretations of data, geotechnical investigations, core
borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and
inspections of samples, materials and equipment obtained through subcontract services for
authorized Project services including property, boundary, easement, right-of-way,
topographic, and utility surveys; noting zoning and deed restrictions.
2.3.8 Fully disclose all subcontract agreements including the name and address of the
subconsultant, the scope of services to be provided and the value of the subcontract
2.4 Bidding Phase
2.4.1 McClelland will follow City of Fayetteville's bidding protocol for capital improvement
projects.
2.4.2 Arrange for bidding notices to be sent to contractors publishing services and direct mailing to
contractors of record. Notices shall comply with requirements of CITY OF
FAYETTEVILLE. The legal notice to be placed in legal notices section of a local
2005/Proposal/Fayetteville King's Drive.doc 4
newspaper(s) of countywide and statewide circulation and shall be coordinated with CITY
OF FAYETTEVILLE purchasing agent and an affidavit of publication secured.
2.4.3 Prepare addenda for drawings and Bid Documents as required and submit to CITY OF
FAYETTEVILLE in timely manner such that addenda can be issued by McClelland in
accordance with Construction Contract General Conditions. All bidding protocols shall
conform to statutory requirements with all addenda being approved by CITY OF
FAYETTEVILLE prior to issuance.
2.4.4 Secure updated applicable wage rate decisions and incorporate into the Bid Documents.
Update wage rate decision by addendum if necessary.
2.4.4.1 Assist CITY OF FAYETTEVILLE by issuing and tracking Bid Documents, addenda and
communications during bidding and maintain list of plan holders. Print and distribute
copies of plans and specifications for all prospective bidders and plan rooms. Collect
from prospective bidders an appropriate non-refundable fee to offset cost of reproducing
and distributing Bidding Documents.
2.4.5 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing
construction contracts. McClelland shall prepare and submit bid certification documents to
CITY OF FAYETTEVILLE for review.
2.4.6 Consult with and advise CITY OF FAYETTEVILLE as to the acceptability of subcontractors
and other persons and organizations proposed by the prime construction contractor(s),
hereinafter called "Contractor(s)," for those portions of the work as to which such
acceptability is required by the Bid Documents.
2.4.7 Make recommendations regarding award of construction contracts.
2.4.8 Attend Streets Committee meeting and the ensuing City Council meeting to recommend
action by the respective bodies. Prepare and present a recommendation complete with such
supporting information as necessary for the bodies to make an informed decision on the
action recommended.
2.4.9 Develop a bidding services schedule in which McClelland shall include, in an acceptable
level of detail, the steps and milestone dates to be undertaken by McClelland in the
completion of the bidding services.
2005/Proposal/Fayetteville King's Drive.doc 5
2.5 Construction Phase
2.5.1 The scope of Construction Phase Services, if any, will be negotiated following completion of
Design Phase Services.
2.6 Post -Construction Phase
2.6.1 The scope of Post -Construction Phase Services, if any, will be negotiated following
completion of Design Phase Services.
2.7 Resident Services During Construction
2.7.1 The scope of Resident Services During Construction, if any, will be negotiated following
completion of Design Phase Services.
SECTION 3- ADDITIONAL SERVICES OF MCCLELLAND
3.1 General
If authorized in writing by the CITY OF FAYErrEVILLE Mayor and the City Council and agreed to in
writing by McClelland, McClelland shall furnish or obtain from others Additional Services of the
following types that are not considered normal or customary Basic Services. The scope of Additional
Services may include:
3.1.1 Grant and Loan Assistance
Prepare applications and supporting documents for governmental grants, loans, or advances.
3.1.2 Financial Consultation
Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such
engineering data as required for any bond prospectus or other financing requirements.
3.1.3 Administrative Assistance
Provide Contract and Project administration to the degree authorized by CITY OF FAYETTEVILLE.
3.1.4 Furnishing renderings or models of the Project for CITY OF FAYETTEVILLE's use.
2005/Proposal/Fayetteville King's Drive.doc 6
3.1.5 Miscellaneous Studies
Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and
the preparation of rate schedules, earnings, and expense statements; feasibility studies; appraisals and
valuations; detailed quantity surveys of material, equipment, and labor; and audits or inventories required
in connection with construction performed by CITY OF FAYETTEVILLE.
3.1.6 Preparing to serve or serving as a witness for CITY OF FAYETT'EVILLE in any litigation or
other proceeding involving the Project.
3.1.7 Extra Services
3.1.7.1 Services not specifically defined heretofore that may be authorized by CITY OF
FAYE'TTEVILLE.
3.2 Contingent Additional Services
3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due
to circumstances beyond McClelland's control, McClelland shall notify CITY OF
FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the
City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems that
such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give
prompt written notice to McClelland. If CITY OF FAYETTEVILLE indicates in writing that
all or parts of such Contingent Additional Services are not required, McClelland shall have no
obligation to provide those services.
3.2.2 Making revisions in Drawings, Specifications, or other documents when such revisions are:
3.2.2.1 Required because of inconsistent approvals or instructions previously given by CITY OF
FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF
FAYETTEVILLE's program or Project Budget.
3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the
preparation of such documents.
2005/Proposal/Fayetteville King's Drive.doc 7
SECTION 4- RESPONSIBILITIES OF CITY OF FAYETTEVILLE
CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
McClelland.
4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
4.2 Assist McClelland by placing at McClelland's disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
4.3 Guarantee access to and make all provisions for McClelland to enter upon public and private
property as required for McClelland to perform his services under this Agreement.
4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals,
and other documents presented by McClelland and render in writing decisions pertaining
thereto.
4.5 Provide such professional legal, accounting, financial, and insurance counseling services as
may be required for the Project.
4.6 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with
respect to the services to be performed under this Agreement. Such person shall have
complete authority to transmit instructions, receive information, interpret and define CITY
OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements
and systems to be used in the Project, and other matters pertinent to the services covered by
this Agreement.
4.7 Give prompt written notice to McClelland whenever CITY OF FAYETTEVILLE observes or
otherwise becomes aware of any defect in the Project.
4.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of
the Project. Pay directly to the governmental authorities the actual filing and permit fees.
4.9 Pay for placement of legal notices and advertisements in newspapers or other publications
required.
4.10 Furnish, or direct McClelland to provide, necessary Additional Services as stipulated in
Section 3 of this Agreement or other services as required.
2005/Proposal/Fayetteville King's Drivesloc 8
4.11 If CITY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and
General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such
documents for McClelland's use in coordinating the Contract Drawings and Specifications.
4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to McClelland in a timely manner.
SECTION 5- PERIOD OF SERVICE
5.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress
of the Project through completion of the services stated in the Agreement. McClelland will
proceed with providing the authorized services immediately upon receipt of written
authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of
the services authorized and the time in which the services are to be completed.
SECTION 6- PAYMENTS TO MCCLELLAND
6.1 Compensation
6.1.1 Investigative/Study Phase
For the Scope of Services during the Investigative/Study Phase described herein, CITY OF
FAYETTEVILLE authorizes an amount estimated to be $26,680, but not to exceed $29,350.00 as
compensation for the scope of work set forth in Appendix A. Engineer will be compensated based upon
his standard hourly rate schedule, the current rates being attached to and made a part of this agreement
(Appendix B). The hourly rates for compensation include all costs, including labor, overhead, direct
expenses, subcontracts and fees.
6.1.1.1 Subject to the City Council approval, adjustment of the contract amount may be made
should McClelland establish and CITY OF FAYETTEVILLE 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 CITY OF FAYETTEVILLE 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. Changes, modifications or amendments in scope,
price or fees to this Contract shall not be allowed without formal contract amendment
2005/Proposal/Fayetteville King's Drive.doc 9
approved by the Mayor and the City Council in advance of the change in scope, cost,
fees, or delivery schedule.
6.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
services consistent with McClelland's normal billing schedule. Once established, the
billing schedule shall be maintained throughout the duration of the Project. Applications
for payment shall be made in accordance with a format to be developed by McClelland
and approved by CITY OF FAYETTEVILLE. Applications for payment shall be
accompanied each month by the updated project design schedule as the basis for
determining the value earned as the work is accomplished. Final payment for services
shall be made upon CITY OF FAYETCEVILLE's approval and acceptance with the
satisfactory completion of the Investigative/Study phase.
6.1.2 Design Phase Services
This section is reserved for future details concerning this phase, if any. This Agreement shall be amended
to include payment conditions following the completion of Investigative/Study phase Services.
6.1.3 Bidding Phase Services
This section is reserved for future details concerning this phase, if any. This Agreement shall be amended
to include payment conditions following the completion of Design Phase Services.
6.1.4 Construction Phase Services
This section is reserved for future details concerning this phase, if any. This Agreement shall be amended
to include payment conditions following the completion of Design Phase Services.
6.1.5 Post -Construction Phase Services
This section is reserved for future details concerning this phase, if any. This Agreement shall be amended
to include payment conditions following the completion of Construction Phase Services.
6.1.6 Resident Services During Construction
This section is reserved for future details concerning this phase, if any. This Agreement shall be amended
to include payment conditions following the completion of Design Phase Services.
2005/Proposal/Fayetteville King's Drive.doc 10
6.1.7 Additional Services
For authorized Additional engineering services under Section 3, "Additional Services", compensation to
McClelland shall be negotiated at the time Additional services are authorized.
6.2 Statements
Statements and updated progress schedule for each calendar month will be submitted to CITY OF
FAYETTEVILLE by signed original document. Statements will be based on McClelland's actual costs
incurred and justified by hours expended, hourly rates and other applicable costs in accordance with
Attachment B.
6.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of McClelland's
statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF
FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise McClelland in writing of the
basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort
to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not
guaranteed.
6.4 Final Payment
Upon satisfactory completion of the work performed under this Agreement, as a condition before final
payment under this Agreement, or as a termination settlement under this Agreement, McClelland shall
execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF
FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically
exempted by McClelland to be set forth therein. Unless otherwise provided in this Agreement or by State
law or otherwise expressly agreed to by the parties to this Agreement, final payment under this
Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF
FAYETTEVILLE's claims against McClelland or his sureties under this Agreement or applicable
performance and payment bonds, if any.
SECTION 7- GENERAL CONSIDERATIONS
7.1 Insurance
7.1.1 During the course of performance of these services, McClelland will maintain (in United
States Dollars) the following minimum insurance coverages:
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Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
•
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
McClelland will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified
insurance within ten days of the date of this Agreement and upon each renewal of coverage.
7.1.2 Construction Contractors shall be required to provide (or CITY OF FAYETTEVILLE may
provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a
Named Insured and McClelland as additional insureds, or, to endorse CITY OF
FAYETTEVILLE, and McClelland as additional insureds on construction Contractor's
liability insurance policies covering claims for personal injuries and property damage.
Construction Contractors shall be required to provide certificates evidencing such insurance
to CITY OF FAYETTEVILLE, and McClelland. All contract insurance carriers shall be
required to list CITY OF FAYETTEVILLE as certificate holder, furnishing copies of the
contractor's insurance certificate to each party
7.1.3 CITY OF FAYETTEVILLE and McClelland waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of McClelland's services. If the services result in a Construction
Phase, a provision similar to this shall be incorporated into all Construction Contracts entered
into by CITY OF FAYETTEVILLE, and all construction Contractors shall be required to
provide waivers of subrogation in favor of CITY OF FAYETTEVILLE and McClelland for
damage or liability covered by any construction Contractor's policy of insurance.
7.2 Professional Responsibility
7.2.1 McClelland will exercise reasonable skill, care, and diligence in the performance of
McClelland's services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
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report to McClelland any defects or suspected defects in McClelland's services of which
CITY OF FAYETTEVILLE becomes aware, so that McClelland can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE and McClelland
further agree to impose a similar notification requirement on all construction contractors in
the Bid Documents and shall require all subcontracts at any level to contain a like
requirement. CITY OF FAYETTEVILLE retains all remedies to recover for its damages
caused by any negligence of McClelland.
7.2.2 In addition McClelland will be responsible to CITY OF FAYETTEVILLE for damages
caused by its negligent conduct during its activities at the Project Site to the extent covered
by McClelland's Commercial General Liability and Automobile Liability Insurance policies
as specified in Paragraph 7.1.1.
7.3 Cost Opinions and Projections
Cost opinions and projections prepared by McClelland relating to construction costs and schedules,
operation and maintenance costs, equipment characteristics and performance, and operating results are
based on McClelland's experience, qualifications, and judgment as a design professional. Since
McClelland has no control over weather, cost and availability of labor, material and equipment, labor
productivity, construction Contractors' procedures and methods, unavoidable delays, construction
Contractors' methods of determining prices, economic conditions, competitive bidding or market
conditions, and other factors affecting such cost opinions or projections, McClelland does not guarantee
that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and
projections prepared by McClelland.
7.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
McClelland's services, with an appropriate change in compensation and schedule only after Fayetteville
City Council approval of such proposed changes and, upon execution of a mutually acceptable
amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the President of
McClelland.
7.5 Termination
7.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
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•
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
7.5.1.2 An opportunity for consultation with the terminating party prior to termination.
7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that McClelland is given:
7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
7.5.2.2 An opportunity for consultation with the terminating party prior to termination.
7.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
7.5.3.2 Any payment due to McClelland at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of McClelland's default.
7.5.4 If termination for default is effected by McClelland, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to McClelland for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
McClelland relating to commitments which had become firm prior to the termination.
7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, McClelland shall:
7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
7.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by McClelland in performing this Agreement, whether
completed or in process.
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7.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
7.5.7 If, after termination for failure of McClelland to fulfill contractual obligations, it is
determined that McClelland had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of
this clause.
7.6 Delays
In the event the services of McClelland are suspended or delayed by CITY OF FAYETTEVILLE or by
other events beyond McClelland's reasonable control, McClelland shall be entitled to additional
compensation and time for reasonable costs incurred by McClelland in temporarily closing down or
delaying the Project.
7.7 Rights and Benefits
McClelland's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for
the benefit of any other persons or entities.
7.8 Dispute Resolution
7.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and McClelland which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
McClelland in the performance of this Agreement, and disputes concerning payment.
7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied
with.
2005/Proposal/Fayetteville King's Drive.doc 15
7.8.3 Notice of Dispute
7.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice;
7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give McClelland written Notice at the address listed in
Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and McClelland shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of McClelland and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
7.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to McClelland for services rendered by McClelland.
7.10 Publications
Recognizing the importance of professional development on the part of McClelland's employees and the
importance of McClelland's public relations, McClelland may prepare publications, such as technical
papers, articles for periodicals, and press releases, pertaining to McClelland's services for the Project.
Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF
FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and
provide CITY OF FAYETTEVILLE's comments to McClelland. CITY OF FAYETTEVILLE may
require deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of McClelland's
activities pertaining to any such publication shall be for McClelland's account.
2005/Proposal/Fayetteville King's Drive.doc 16
7.11 Indemnification
7.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE, and McClelland from and
against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
7.12 Computer Models
McClelland may use or modify McClelland's proprietary computer models in service of CITY OF
FAYETTEVILLE under this Agreement, or McClelland may develop computer models during
McClelland's service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or
development by McClelland does not constitute a license to CITY OF FAYETTEVILLE to use or modify
McClelland's computer models. Said proprietary computer models shall remain the sole property of the
McClelland. CITY OF FAYETTEVILLE and McClelland will enter into a separate license agreement if
CITY OF FAYETTEVILLE wishes to use McClelland's computer models.
7.13 Ownership of Documents
All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD
drawings and cross sections, estimates, specification field notes, and data are and remain the property of
CITY OF FAYETTEVILLE. McClelland may retain reproduced copies of drawings and copies of other
documents.
Engineering documents, drawings, and specifications prepared by McClelland as part of the Services shall
become the property of CITY OF FAYETTEVILLE when McClelland has been compensated for all
Services rendered, provided, however, that McClelland shall have the unrestricted right to their use.
McClelland shall, however, retain its rights in its standard drawings details, specifications, databases,
computer software, and other proprietary property. Rights to intellectual property developed, utilized, or
modified in the performance of the Services shall remain the property of McClelland.
Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. McClelland makes no warranty as to the compatibility of these
files with any other system or software. Because of the potential degradation of electronic medium over
time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files,
the sealed drawings/hard copies will govern.
2005/Proposal/Fayetteville King's Drive.doc 17
7.14 Notices
Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the
following addresses:
CITY OF FAYETTEVILLE's address:
Citv of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
McClelland's address:
McClelland Consulting Engineers, Inc.
P.O. Box 1229/1810N. College
Fayetteville, AR 72702
7.15 Successor and Assigns
CITY OF FAYETTEVILLE and McClelland each binds himself and his successors, executors,
administrators, and assigns to the other party of this Agreement and to the successors, executors,
administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as
above, neither CITY OF FAYETTEVILLE nor McClelland shall assign, sublet, or transfer his interest in
the Agreement without the written consent of the other.
7.16 Controlling Law
This Agreement shall be subject to, interpreted and enforced according to the laws of the State of
Arkansas without regard to any conflicts of law provisions.
7.17 Entire Agreement
This Agreement represents the entire Agreement between McClelland and CITY OF FAYETTEVILLE
relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply
to professional services, in the event CITY OF FAYETTEVILLE issues to McClelland a purchase order,
no preprinted terms thereon shall become a part of this Agreement. Said purchase order document,
whether or not signed by McClelland, shall be considered as a document for CITY OF
FAYETTEVILLE's internal management of its operations.
2005/Proposal/Fayetteville King's Drive.doc 18
SECTION 8- SPECIAL CONDITIONS
8.1 Additional Responsibilities of McClelland:
8.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
McClelland of responsibility for the technical adequacy of the work. CITY OF
FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
8.1.2 McClelland shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by McClelland's negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
8.1.3 McClelland's obligations under this clause are in addition to McClelland's other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against McClelland for faulty materials,
equipment, or work.
8.2 Remedies
Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other
matters in question between CITY OF FAYETTEVILLE and McClelland arising out of or relating to this
Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas.
8.3 Audit: Access to Records
8.3.1 McClelland shall maintain books, records, documents and other evidence directly pertinent to
performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. McClelland shall also maintain the financial information and data used by
McClelland in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. The United States Department of Labor, CITY OF FAYETTEVILLE,
the State or any of their authorized representatives shall have access to all such books,
2005/Proposal/Fayetteville King's Drive.doc 19
records, documents and other evidence for the purpose of inspection, audit and copying
during normal business hours. McClelland will provide proper facilities for such access and
inspection.
8.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to 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.
8.3.3 This right of access clause (with respect to financial records) applies to:
8.3.3.1 Negotiated prime agreements:
8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
8.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of McClelland;
8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
8.3.3.3.3 If the subagreement is terminated for default or for convenience.
8.4 Covenant Against Contingent Fees
McClelland warrants that no person or selling agency has been employed or retained to solicit or secure
this Agreement upon an agreement of understanding for a commission, percentage, brokerage or
continent fee, excepting bona fide employees or bona fide established commercial or selling agencies
maintained by McClelland for the purpose of securing business. For breach or violation of this warranty,
CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its
discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of
such commission, percentage, brokerage, or contingent fee.
2005/Proposal/Fayetteville King's Drive.doc 20
C
8.5 Gratuities
8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that McClelland or any of
McClelland's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, or the State in an attempt to secure an agreement or favorable treatment in
awarding, amending or making any determinations related to the performance of this
Agreement, CITY OF FAYETTEVILLE may, by written notice to McClelland terminate this
Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the
law or this Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against McClelland as it could pursue in
the event of a breach of the Agreement by McClelland. As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs McClelland incurs in providing
any such gratuities to any such officer or employee.
8.6 Arkansas Freedom of Information Act
City contracts and documents, including internal documents and documents of subcontractors and sub -
consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of
Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF
FAYETTEVILLE, McClelland will do everything possible to provide the documents in a prompt and
timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.).
Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance.
8.7 Debarment And Suspension
I certify that to the best of my knowledge and belief that the company that I represent and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2005/Proposal/Fayetteville King's Drive.doc 21
(b) Have not within a three year period preceding this proposal been convicted of or had a civil
judgement rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of
this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
I understand that a false statement on this certification regarding debarment and suspension may be
grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a
false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further
certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000.
DEBARMENT CERTIFICATION
AUTHORIZED REPRESENTATIVE
COMPANY NAME: MeC9d6(l n on Engineers, Inc.
SIGNATURE: (it V%%kt % DATE: 3/ �/ c
PRINTED NAME: John C. Ouinn, P.E. TITLE: President
2005/ProposaVFayedeville King's Drive.doc 22
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
McClelland, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAY I iEVILWARNS,ARS- r
````"prranrnryrr By. i,
��RYJTR�ysn,,�.
Mayor
=chV,•G�CY W •Gp�-,
_ v • �� : ATTEST:
E ;FAYETTEVILLE� /)
Ci Clerk
'#1 NG, 'Ot4'``%1i
McClelland nsulting Engineers, Inc.
By: C.
Title: President
Changes, modifications or amendments in scope, price or fees to this Contract shall not
be allowed without formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, cost, fees, or delivery schedule.
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
2005/Proposal/Fayetteville King's Drive.doc 23
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"Appendix B"
2005 BILLING RATES
*HOURLY
CATEGORY RATE
Principal Engineer/Project Manager $ 120.00
Project Engineer II
$
85.00
Project Engineer I
$
75.00
Electrical Engineer
$
95.00
Mechanical Engineer
$
95.00
Structural Engineer
$
95.00
Geotechnical Consultant
$
75.00
Engineering Technician II
$
65.00
Engineering Technician I
$
35.00
Construction Observer II
$
65.00
Construction Observer I
$
38.00
Geotechnical Student
$18.00
Chief Draftsman
$
60.00
Draftsman
$
50.00
i
Computer Technician $ 55.00
Registered Land Surveyor $ 75.00
Survey Crew (2 -Man or 1-Man/Robotic) $ 100.00
Party Chief $ 45.00
Soils Lab Supervisor $ 52.00
Soils Lab Technician $ 35.00
Water Lab Supervisor $ 50.00
Water Lab Technician $ 35.00
Clerk/Typist $ 40.00
Mileage $ 0.36
* Subject to adjustment annually, on/about July 1
0 City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Department: Sales Tax Capital Improvements Date Requested Adjustment Number
Division:
2005
Program:
3/8/2005
Project or Item Added/Increased: Project or Item Deleted/Reduced:
$35,000 is requested in the Kings Drive Improvements $35,000 from the Use of Fund Balance account.
capital project.
Justification of this Increase:
The funding is needed for a Geo-Technical Engineering
study to be performed by McClelland Engineering for the
improvements of Kings Drive.
r
istification of this Decrease:
There is sufficient funding remaining in fund balance to
comply with City Policy
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number Amount Project Number
Professional services 4470 9470 5314 00 35,000 05030 1
Decrease Expense Budget (Increase Revenue Budget)
Account Name Account Number Amount Project Number
Use of fund balance 4470 0947 4999 99 35,000
Approval Signatures Budget Office Use Only
Type: A B C E
Requested By ate
Date of Approval
udget r Date
Departmer� Director Date
Finance & Interna rvices hector Date
Mayor Date
Posted to General Ledger
Initial Date
Initial Date
Posted to Project Accounting
Initial
Entered in Category Log
Date
Initial Date
&X4//.t•
• City Council Meing of March 15, 2005
�tde&J czt 4t /c
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council 3't 5 IOS
Thru: Gary Dumas, Director of Operations �0
I� 111�C l� I)cu�c
From: Ron Petrie, City Engineer 'V n ./I��n�
Date: March 7, 2005 y
rl j 5 p0 •
Subject: 1. Approval of a resolution to approve an agreement for engineering services
with McClelland Consulting Engineers, Inc. in the amount of $26,679.50 plus a 15%
project contingency in the amount of $4,000.50 for a study of options for the Kings Drive
Improvement Project. 2. Approval of a budget adjustment in the amount of $35,000.00.
RECOMMENDATION
Staff recommends approval of the budget adjustment and resolution to approve the
engineering services agreement with McClelland Consulting Engineers, Incorporated.
In 2001, the City contracted with Grubbs, Hoskyn, Barton & Wyatt to perform a
geotechnical investigation of the Kings Drive area and provide recommendations. The
study recommended a complex set of concrete piers and a hybrid retaining wall/pinning
system. At the time, the preliminary cost for these improvements was estimated to be in
excess of $1,000,000.00 and the project was determined be unfeasible. On May 18, 2004
the City approved a contract with the geotechnical firm of Terracon, Inc. to study flood
damages caused by April rainfall events. A portion of the contract was to again study
Kings Drive that was damaged during the April flooding. The study prepared by
Terracon recommended installing a drilled pier retaining wall system on the downhill
side of the road. The cost for these recommended improvements was estimated to be
$325,000 plus the cost to rebuild the street.
In order to proceed to the design stage of the improvements, the City has selected
McClelland Consulting Engineering firm to perform the following tasks:
➢ Review previous geotechnical reports.
> Perform any necessary additional geotechnical testing of the site.
> Analyis the existing traffic patterns.
5O2 -0.5
• City Council Meng of March 15, 2005
➢ Provide options & recommendations for street improvements and possible street
reconfigurations.
➢ Provide cost estimates of the various options.
> Present options to the Street Committee and City Council.
The cost for these tasks are summarized below:
Preliminary Engineering Study $ 26,679.50
10% Contingency $ 4.000.50
TOTAL $ 30,680.00
BUDGET IMPACT
A budget adjustment
is requested in
the amount of $35,000.00 to create a
budget for this
project. These funds
were obtained
from the remaining 2004 street funds.
• • `� g
11ec�\eklarma £_t.
RESOLUTION NO.
A RESOLUTION TO APPROVE AN ENGINEERING SERVICES
CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS,
INC. IN THE AMOUNT OF $26,679.50 PLUS A CONTINGENCY
IN THE AMOUNT OF $4,000.50 FOR A STUDY OF OPTIONS
FOR THE KINGS DRIVE IMPROVEMENT PROJECT AND TO
APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$35,000.00
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 an Engineering Services contract with McClelland Consulting Engineers, Inc. in
the amount of $26,679.50 plus a contingency in the amount of $4,000.50 for a study of
options for the Kings Drive Improvement Project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
approves a budget adjustment in the amount of $35,000.00.
PASSED and APPROVED this 8th day of March, 2005.
APPROVED:
D�f
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
RESOLUTION NO.
A RESOLUTION TO APPROVE AN ENGINEERING SERVICES
CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS,
INC. IN THE AMOUNT OF $26,679.50 PLUS A CONTINGENCY
IN THE AMOUNT OF $4,000.50 FOR A STUDY OF OPTIONS
FOR THE KINGS DRIVE IMPROVEMENT PROJECT AND TO
APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$35,000.00
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 an Engineering Services contract with McClelland Consulting Engineers, Inc. in
the amount of $26,679.50 plus a contingency in the amount of $4,000.50 for a study of
options for the Kings Drive Improvement Project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
approves a budget adjustment in the amount of $35,000.00.
PASSED and APPROVED this 8th day of March, 2005.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
S City of Fayetteville • /-/ a4 d at
Staff Review Form ^
City Council Agenda Items jt.t...14w� S4 -co..
or
Contracts
15 -Mar -05
City Council Meeting Date
Ron Petrie Engineering Operations
Submitted By Division Department
Action Required:
1. Approval of a resolution to approve an agreement for engineering services with McClelland Consulting Engineers,
Inc. in the amount of $26,679.50 plus a 15% project contingency in the amount of $4,000.50 for a study of options for
the Kings Drive Improvement Project and approval of a budget adjustment in the amount of $35,000.00.
$30,680.00
Cost of this request
4470-9470-5314
Account Number
05030
Project Number
Budgeted Item EJ
$0.00
Category/Project Budget
$0.00
Funds Used to Date
$0.00
Remaining Balance
Budget Adjustment Attached EX
Kings Drive Improvements
Program Category / Project Name
Professional Services
Program / Project category Name
Sales Tax
Fund Name
Previous Ordinance or Resolution #
Date Original Contract Date:
3 -a_os
Finance and Internal Service Director Date
Mayor
Date
Original Contract Number:
Received in City Clerk's Office
Received in Mayor's Office Eli
B DS
From: Clarice Pearman
To: Petrie, Ron
Subject: Res. 52-05
Attached is a copy of the resolution passed by City Council, March 15, 2005. Also attached is a copy of
the budget adjustment. The original budget adjustment will returned to B&R via interoffice mail.
Thanks.
Clarice
CC: Deaton, Vicki; Fell, Barbara
E
3/c)7/06
Ron Petrie W
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
N/A - Mayor's Approval
City Council Meeting Date
Engineering
Division
Cc)
Meet Iiud 6/"lt
Operations
Department
Action Required:
I of a reconcilatory change order in the amount of $1,979.50 to the Kings Drive Improvement
with McClelland Engineers, Incorporated.
$1,979.50
Cost of this request
4470.9470.5314
Account Number
05030
Project Number
Project Contingency
$4,000.50
Category/Project Budget
$
Funds Used to Date
$ 4,000.50
Remaining Balance
Kings Drive Improvement
Program Category / Project Name
Professional Services
Program / Project Category Name
Sales Tax
Fund Name
Budgeted Item X Budget Adjustment Attached
Previous Ordinance or Resolution It
De�/ ent rest r Date Original Contract Date:
3 ,Zy - OL Original Contract Number:
City Attorney V
�••���� Received in Cit Clet�.1Kt61rk SD lice
-2 tlllU l
Finance and Internal Service Director Date (•`1
Received in Mayor's Office EI
ate
Mayor
n
M
ENGINEERING DIVISION CORRESPONDENCE
TO: Dan Coody, Mayor
THRU: Gary Dumas, Operations Director
FROM: Ron Petrie, City Engineer r
P
DATE: March 24, 2006
SUBJECT: Approval of a Reconcilatory Change Order in the amount of $1,979.50 to the
engineering contract with McClelland Consulting Engineers, Inc. for the Kings
Drive Improvement Project.
RECOMMENDATION:
Engineering staff recommends approval of the reconciliatory Change Order in the amount of
$1,979.50 to the engineering contract with McClelland Consulting Engineers, Incorporated.
On March 15, 2005 the City Council passed Resolution No. 52-05 which approved a contract with
McClelland Consulting Engineers in the amount of $26,679.50 plus a contingency in the amount of
$4,000.50 for a total of $ 30,680.00. This contract included the Investigative/Study phase of the
project with the design & construction management tasks to be approved by separate task.
DISCUSSION:
A final invoice for the Investigative/Study phase of the project was received from McClelland which
was $1,979.50 above the contract amount approved the City Council. The cost overrun was caused
primarily due to the fact that some additional geotechnical testing was necessary in order to complete
the task.
BUDGET IMPACT:
There was a contingency in the amount of $4,000.50 approved for this project by the City Council
that has not been utilized. Since this is the final invoice, there will $2,021.00 remaining that will not
be used to complete this task.
CHANGE ORDER NO. I
RECONCILATORY CHANGE ORDER
Project Title: Kings Drive Improvement Project
Contract Date: 3-15-2005 Engineer: McClelland Consulting, Inc,
The following changes are hereby made to the contract documents:
ADDITIONS TO THE CONTRACT:
(Please see attached final invoice)
Total Contract Additions $ 1,979,50
Justification:
This contract task outlined as "Investigative/Study Phase" has been completed and this document
is a contract close-out document that is designed to reconcile the estimated cost with the actual
costs to complete the task.
Original Contract Price: $ 26,679.50
As adjusted by previous changes: $ 0.00
This C.O. will increase contract by: $ 1,979.50
The new contract price will be: $ 28,659.00
APPROVALS REQUIRED
To be effective this change order must be approved by the Owner if it changes the scope or
objective of the project, or as may otherwise be required under the terms of the General
Conditions of the Contract. �1
Requested by
Approved by Mayor
Date 3 2 3%06
Date 3127/ 06
RECEIVED
MCCLELLAND MAR 01 2006 P.O. Box 34087
M E CONSULTINGLittle Rock, Arkansas 72203-4087
ENGINEERING 501-376-4522
OFSIGMEO ru iF.YF ENGINEERS, INC. DIV. FAX 501-376-4677
p/NAL
February28,2006 INVOICE Job No.FY052118
Invoice No. 052118-005
Mr. Ron Petrie Please Remit to:
City of Fayetteville McClelland Consulting Engineers
125 W. Mountain P.O. Box 34087
Fayetteville, AR 72701 Little Rock, AR 72203
FOR: Kings Drive Study
Investigate Slope Failure for City Street (ETB $26,680, NTE $29,350)
Description
Hours
Rate
Total Fee
To Date
Fee this
Invoice
ApplicationlReport/$tudy
Principal Engineer
7.50
Hours
@
$120.00
/Hour
$ 900.00
$ 570.00
Project Manager
90.00
Hours
@
$120.00
/Hour
10,800.00
7,320.00
Computer Technician
5.00
Hours
@
$ 55.00
/Hour
275.00
-
Chief Draftsman
38.00
Hours
@
$ 60.00
/Hour
2,280.00
Robotic Survey
5.00
Hours
@
$100.00
/Hour
500.00
-
Geotechnical Consultant
90.00
Hours
@
$ 75.00
/Hour
6,750.00
1,575.00
Technical Consultant
85.00
Hours
@
$ 18.00
/Hour
1,530.00
-
Sub Total
$23,035.00
$ 9,465.00
Geotech (Billed Separately)
Invoice # 053807-001 R
Invoice # 053807-002
$ 2,033.00 $ -
796.00 796.00
Sub Total $ 2,829.00 $ 796.00
Inclinometer Supplies
60 ft. - 70 mm Inclinometer Pipe
60
Feet
@
$
9.00
/Foot
$
540.00
$ -
Bottom Caps
2
Caps
@
$
10.50
/Cap
21.00
-
Top Caps
2
Caps
@
$
7.00
/Cap
14.00
-
Sub
Total
$
575.00
$ -
University Equipment Charges
Direct Shear Testing
24
Tests
@
$
75.00
/Test
$
1,800.00
$ -
Inclinometer Testing
28
Soundings
@
$
15.00
/Sound
420.00
-
Sub
Total
$
2,220.00
$ -
Services through 2/11/2006
Approved by:
RWJ:cv
Total
Less Invoices Previously Billed
Less Geotech Billed Separately
Amount Due This Invoice
$28,659.00 $10,261.00
(16,365.00)
(2,829.00) (796.00)
$ 9,465.00 $ 9,465.00
Copy
RESOLUTION NO. 52-05
A RESOLUTION TO APPROVE AN ENGINEERING SERVICES
CONTRACT WITH MCCLELLAND CONSULTING ENGINEERS,
INC. IN THE AMOUNT OF $26,679.50 PLUS A CONTINGENCY
IN THE AMOUNT OF $4,000.50 FORA STUDY OF OPTIONS
FOR THE KINGS DRIVE . IMPROVEMENT PROJECT AND TO
APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
S35,000.00
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 an Engineering Services contract with McClelland Consulting Engineers, Inc. in
the amount of S26,679.50 plus a contingency in the amount of $4,000.50 for a study of
options for the Kings Drive Improvement Project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
approves a budget adjustment in the amount of $35,000.00.
PASSED and APPROVED this 15th day of March, 2005.
APPROVED:
By:
35
Clarice Pearman - McClelland Page 1
From: Clarice Pearman
To: Petrie, Ron
Subject: McClelland
Ron,
Attached is a copy of the reconcilatory change order for McClelland.
Thanks
Clarice
CC: Bell, Peggy; Deaton, Vicki