HomeMy WebLinkAbout85-07 RESOLUTIONRESOLUTION NO. 85-07
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A RESOLUTION AWARDING AN ENGINEERING CONTRACT TO
MCCLELLAND CONSULTING ENGINEERS, INC. IN AN AMOUNT
NOT TO EXCEED $80,200.00 FOR GEOTECHNICAL STUDIES,
TOPOGRAPHIC SURVEYS, FLOOD ANALYSIS, DESIGN, BIDDING,
AND CONSTRUCTION SERVICES ASSOCIATED WITH FIVE (5) TRAIL
BRIDGES FOR SCULL CREEK TRAIL.
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
awards a engineering contract to McClelland Consulting Engineers, Inc in an amount
not to exceed $80,200.00 for geotechnical studies, topographic surveys, flood analysis,
design, bidding, and construction services associated with five (5) trail bridges for Scull
Creek Trail.
PASSED and APPROVED this 15th day of.May, 2007.
APPROVED:
By:
DAN COODY, May
ATTEST:
By:_
S NO DRRA E. SMITH, C'ty Clerk/Treasurer
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
MCCLELLAND CONSULTING ENGINEERS, INC.
FAYETTEVILLE, ARKANSAS
ORIGINAL
THIS AGREEMENT is made as of / 5 , 2007, 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 engineenng services in connection with
the design and permitting of five pre-engineered bridges along the Scull Creek Trail
between Wilson Park and the connection to the Mud Creek Trail. 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 FAYETTEVILLE dunng 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 wntten
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.
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SECTION 2 - BASIC SERVICES OF MCCLELLAND
2.1 General
2.1.1 Perform professional design 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
Geotechnical Investigative 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 Surveying
Phase is included in Section 2.3 hereafter and in Appendix A attached
hereto and made part of this Agreement.
2.1.1.3 The Scope of Services to be furnished by McClelland during the Design
Phase is included in Section 2.4 hereafter and in Appendix A attached
hereto and made part of this Agreement.
2.1.1.4 The Scope of Services to be furnished by McClelland during the Bidding
Phase is included in Section 2.5 hereafter and in Appendix A attached
hereto and made part of this Agreement.
2.1.1.5 The Scope of Services to be furnished by McClelland during the
Construction Phase is included in Section 2.6 hereafter and in Appendix A
attached hereto and made part of this Agreement.
2.1.1.6 The Scope of Services to be furnished by McClelland for Resident
Services during Construction Phase is included in Section 2.7 hereafter
and in Appendix A attached hereto and made part of this Agreement.
2.1.1.7 The Scope of Services to be furnished by McClelland for the Post -
Construction Phase is included in Section 2.8 hereafter and in Appendix A
attached hereto and made part of this Agreement.
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2.2 Geotechnical Investigative Phase
2 2 1 The Geotechnical Investigative Phase will consist of taking sample borings at
the proposed bndge locations (provided by the city), determining the
engineering properties of the soils encountered, performing engineering
analyses of soil strata based on laboratory data and preparing a written
geotechnical report to include recommendations for the design and
construction of the bridge abutments.
2.3 Surveying Phase
2.3.1 The Surveying Phase will consist of performing topographic and utility
verification surveys to assist in the design of the abutments for the proposed
bridges. The Surveying Phase will provide all field survey data from field work
for designing the project. All surveys shall be tied to the CITY OF
FAYETTEVILLE's GPS control network. Preparation of Easements and Right -
of -Ways is not included.
2.4 Design Phase
2.4.1 The Design Phase will consist of reviewing the existing Flood Insurance Rate
Maps (FIRM) and Flood Insurance Study (FIS) provided by CITY OF
FAYETTEVILLE to determine the extent of floodway and floodplain for each
proposed bridge location. Proposed foundations for the five bridge abutments
will be designed to result in no rise in the pre -project Base Flood Elevations
(BFE) from the 100 -year storm event. The hydraulic models developed will
utilize a software program and be in a form and/or format acceptable to FEMA
for submittal to obtain a CLOMR and/or LOMR, if required. McClelland's
assistance related to the development and acquisition of a CLOMR or LOMR,
except as previously described, is not included in the Scope of Work.
2.4.2 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 and Bond Forms, General
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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.
2.4.2.1 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 2005.
2.4.2.2 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.
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2.4.2.3 When requested by the CITY OF FAYETTEVILLE prepare for and attend
up to two City Council meetings to provide penodic updates on the
progress of the design.
2 4 2 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.
2.4.3 Prepare technical critena, 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 secunng approvals. Actual Filing
and Permit Fees will be paid by the CITY OF FAYETTEVILLE. Assist CITY
OF FAYETTEVILLE in consultations with appropriate authorities.
2.4.3.1 U.S. Army Corps of Engineers (Nationwide 404 Permitting for Bridge
Abutments). Wetlands determinations and permitting and ADEQ SWPPP
and permit applications are not included in the Scope of Work.
2.4.4 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.
2.4.5 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs,
including, but not limited to, construction, inspection, testing and close out.
2.4.6 Furnish CITY OF FAYETTEVILLE with 3 copies of the final Bid Documents.
2.4.7 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
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services including property, boundary, easement, right-of-way, topographic,
and utility surveys; noting zoning and deed restrictions.
2.4.8 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.
2.5 Bidding Phase
2.5.1 McClelland will follow City of Fayetteville's bidding protocol for capital
improvement projects.
2.5.2 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 newspaper(s) of countywide and statewide circulation and
shall be coordinated with CITY OF FAYETTEVILLE purchasing agent and an
affidavit of publication secured.
2.5.3 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.
2.5.4 Secure updated applicable wage rate decisions and incorporate into the Bid
Documents. Update wage rate decision by addendum if necessary.
2.5.4.1 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.
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2.5.5 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.
2.5.6 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.
2.5.7 Make recommendations regarding award of construction contracts.
2.5.8 Attend Sidewalk and Trails Task Force 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.
2.5.9 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.
2.6 Construction Phase
2.6.1 The scope of Construction Phase Services shall include: Review of
submittals; Processing monthly pay requests; Scheduling and attending
progress meetings, as needed; and Coordination of Construction activities
between the Contractor and City of Fayetteville. Construction Materials
Testing is not included in the Scope of Work.
2.7 Resident Services During Construction
2.7.1 Provide Resident Services During Construction to include:
2.7.1.1 Providing a resident construction observer to be at the project during
construction activities related to the bridge construction. Resident services
shall be on an as needed basis during the construction penods.
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2.7.1.2 The resident construction observer shall maintain daily logs of site
conditions, work completed, activities relating to property owners, and
information/directives received from the City of Fayetteville.
2.7.1.3 The resident construction observer shall not provide superintendence over
the Contractor's personnel or over the Contractor's work and safety
procedures.
2.8 Post -Construction Phase
2.8.1 Provide Post -Construction Phase Services to include: Securing and
processing of final documents (Bonds, affidavits, etc.), Preparation and
submission of Record Drawings and Coordination of post — construction/clean
up activities required of the Contractor.
SECTION 3 - ADDITIONAL SERVICES OF MCCLELLAND
3.1 General
If authorized in writing by the CITY OF FAYETTEVILLE 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.
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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.
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 FAYETTEVILLE 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 FAYETTEVILLE.
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.
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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.
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
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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
govemmental 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.
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.
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
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the scope of the services authorized and the time in which the services are to be
completed.
- From the time the City of Fayetteville issues the Notice To Proceed (NTP),
McClelland. will endeavor to execute the project within the following time periods:
Task Completion After NTP
A. Geotechnical Investigation Study 45 calendar days
B. Topographic Survey 30 calendar days
C. Design Services 135 calendar days
D. Bidding Services 170 calendar days
E Construction Services, 245 calendar days
F. Resident Services During Construction 245 calendar days
G Post -Construction Services 255 calendar days
SECTION 6- PAYMENTS TO.MCCLELLAND
6.1 Compensation
For the Scope of Services during the described herein, CITY OF FAYETTEVILLE
authorizes an amount estimated to be $72,912.00, but not to exceed $80,200.00 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.
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
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warrants such adjustment 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.
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 FAYETTEVILLE's approval and acceptance with the
satisfactory completion.
6.1.1 Geotechnical Investigative Phase
For the Scope of Services during the Geotechnical Investigative Phase described
herein, CITY OF FAYETTEVILLE authorizes an amount estimated to be $4,958.00 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 (Appendices B & C). The hourly rates for
compensation include all costs, including labor, overhead, direct expenses,
subcontracts and fees.
6.1.2 Surveying Phase Services
For the Scope of Services during the Surveying Phase described herein, CITY OF
FAYETTEVILLE authorizes an amount estimated to be $10,820.00 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.
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6.1.3 Design Phase Services
For the Scope of Services during the Design Phase described herein, CITY OF
FAYETTEVILLE authorizes an amount estimated to be $35,626.00 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.
6.1.4 Bidding Phase Services
For the Scope of Services during the Bidding Phase descnbed herein, CITY OF
FAYETTEVILLE authorizes an amount estimated to be $5,403.00 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.
6.1.5 Construction Phase Services
For the Scope of Services during the Construction Phase h
described lereiin, CITY OF
FAYETTEVILLE authorizes an amount estimated to be $7,266.00 a—`s 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.
6.1.6 Resident Services During Construction
For the Scope of Services during the Resident Services During Construction Phase
desc • ed'herein;-Gk1 Y OF FAYETTEVILLE authorizes an amount estimated to be
$18,206.00 as co . ensation for the scope of work set forth in Appendix A Engineer will
e -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
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compensation include all costs, including labor, overhead, direct expenses,
subcontracts and fees.
6.1.7 Post -Construction Phase Services
For the Scope of Services during the Post -Construction Phase described herein, CITY
OF FAYETTEVILLE authorizes an amount estimated to be $3,211.00 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.
6.1.8 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.
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6.4 Final Payment
For the Scope of Services described herein, CITY OF FAYETTEVILLE authorizes an
amount estimated to be $82,288.00, but not to exceed $90,000.00, as compensation for
the scope of work set forth in Appendix A.
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:
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
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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
covenng 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 engineenng practices.
CITY OF FAYETTEVILLE will promptly 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
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 17
•
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.
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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 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
W:12007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 19
f
1
i
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.
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.
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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.
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.
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r
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.
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.
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 22
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 overtime, in the event of a
conflict between the sealed original drawings/hard copies and the electronic files, the
sealed drawings/hard copies will govern.
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 23
,:
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:
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
McClelland's address:
McClelland Consulting Engineers, Inc.
P.O. Box 1229/1810 N. College Ave.
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
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 24
signed by McClelland, shall be considered as a document for CITY OF
FAYETTEVILLE's internal management of its operations.
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.
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 25
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, 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
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 26
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.
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
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 27
ti
S
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;
(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
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 28
JJ
Y
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: Mc ! Iland C ulting Engineers, Inc. J
SIGNATURE: WvtiN^ DATE: mot-/IZ/O7
PRINTED NAME: John C. Quinn, P.E. TITLE: President
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 29
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
By:
01Y OF•°GP's.
O.
:FAYETTEVILLE: ATTE;
%9s••:QkAN5P•J�.'� By:
City Clerk
McClelland Consultin Engineers, Inc.
By:
Title: Prnclricr,t
ATTE:
By:
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
W:120071072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 30
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APPENDIX "B"
2007 BILLING RATES
April, 2007
*HOURLY
CATEGORY
RATE
Principal Engineer
$
147.00
Sr. Project Manager
$
137.00
Project Manager
$
126.00
Project Engineer II
$
105.00
Project Engineer I
$
84.00
Landscape Architect III
$
98.00
Landscape Architect II
$
86.00
Landscape Architect Assistant
$
50.00
Engineering Technician III
$
79.00
Engineering Technician II
$
63.00
Engineering Technician I
$
48.00
Construction Observer III
$
79.00
Construction Observer II
$
58.00
Construction Observer I
$
42.00
Chief Draftsman
$
68.00
Draftsman II
$
53.00
Draftsman I
$
48.00
Survey Technician
$
74.00
Registered Land Surveyor
$
90.00
Survey (2 -Man or 1-Man/Robotic) Crew
$
137.00
Field Survey -1 Man
$
69.00
Party Chief
$
63.00
Soils Lab Supervisor
$
55.00
Soils Lab Technician II
$
45.00
Soils Lab Technician I
$
38.00
Clerk/Typist
$
48.00
Mileage
$
0.42
* Subject to Annual Adjustment Mid -Year.
J:1200710721051Contracts\Appendix B.xls
APPENDIX "C"
GEOTECHNICAL INVESTIGATION
SCULL CREEK TRAIL BRIDGES
CITY OF FAYETTEVILLE
11 -Apr -07
I Item No. Item Description I ASTM Designation I Quantity Units I Unit Price I Extended
1
Equipment Mobilization and Demobilization ($2.10/mi each way)
1
LS
$150.00
$150.00
Subtotal
$150.00
2
Boring Layout
4
HR
$60.00
$240.00
Boring Setup Charges
10
EA
$35.00
$350.00
Subtotal
$590.00
3
Soil Drilling and Sampling, ASTM D-1586 & ASTM D-1587
Soil Drilling at Abutments ( 10 Borings - 15 feet max. )
150
LF
$8.50
$1,275.00
Subtotal
$1,275.00
4
Soil and Rock Laboratory Testing
ASTM D-2216, Moisture Content Determination
40
EA
$10.00
$400.00
ASTM D-4318, Liquid and Plastic Limit of Soils
6
EA
$45.00
$270.00
ASTM D-422, Gradation Analysis of Soils (6 Sieves)
6
EA
$50.00
$300.00
ASTM D-2166, Dry Unit Weight of Soil Specimens
20
EA
$10.00
$200.00
ASTM D-2166, Unconfined Compressive Strength of Soils
12
EA
$40.00
$480.00
Subtotal $1,650.00
5 Geotechnical Engineering Report and Recommendations
Engineering Supervision (Project Manager)
2
HR
$140.00
$280.00
Engineering Analysis & Recommendations (Project Engr.)
6
HR
$85.00
$510.00
Boring Plot Log Preparation (Senior Draftsman)
4
HR
$68.00
$272.00
Boring Plot Plan Preparation (Draftsman)
2
HR
$55.00
$110.00
Report Preparation (Clerical)
1
HR
$45.00
$45.00
Subtotal $1,217.00
ESTIMATED GEOTECHNICAL INVESTIGATION
$4,882.00
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
5/15/2007
City Council Meeting Date
ni ckI Ids Cdl�
Ron Petrie Engineering Operations
Submitted By Division Department
Action Required:
A resolution approving an Engineering Contract with McClelland Consulting Engineers, Inc. in an amount not to
exceed $80,200.00 for geotechnical studies, topographic surveys, flood analysis, design services, bidding services,
and construction services associated with five trail bridges for Scull Creek Trail.
$ 80,200.00
Cost of this request
4520.9520.5814.05
Account Number
06036.1
817,775.00 Transportation Bond Trail Improvs
Category / Project Budget
Funds Used to Date
817,775.00
Project Number Remaining Balance
Budgeted Item X Budget Adjustment Attached
Program Category / Project Name
Transportation Improvements
Program / Project Category Name
2006A Sales Tax Construction
Fund Name
2�:\ _c5L Previous Ordinance or Resolution #
Department Diuui Date Original Contract Date:
City Attorney
y z7(o
Date
• td 0.. &Jt \ 430-o7
Finance and Internal Service Director Date
Mayor
7J/
Sr /
Date
Original Contract Number:
City
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer
Date: April 23, 2007
Meeting of May 15th, 2007
Agenda Item Number
Subject: Engineering Services Contract with McClellan Consulting Engineers, Inc.
RECOMMENDATION
Staff requests approval of an engineering contract with McClelland Consulting
Engineers, Inc. in an amount not to exceed $80,200.00 for geotechnical studies,
topographic surveys, flood analysis, design services, biding services, and construction
services associated with five trail bridges for Scull Creek Trail.
BACKGROUND
Scull Creek Trail is the highest priority trail for the City
central location and great connectivity to adjacent neigh]
businesses. Scull Creek Trail will follow Scull Creek frc
Mud Creek Trail near the Mall. Due to topography and 1
necessary for Scull Creek Trial to cross Scull Creek five
length.
Under this contract, McClelland will provide complete
services for the five trail bridges.
Fayetteville because of its
hoods, parks, schools and
Wilson Park north to meet
petty ownership issues, it is
tes within the 4.5 mile total
bidding and construction
The schedule proposed by McClelland includes 10 month's of design, bidding and
construction services time to complete the entire project finder the contract.
BUDGET IMPACT
The contract amount of $80,200.00 will be paid from the Transportation Improvement
Bond Funds. The total budget for the project is $817,775100.
RESOLUTION NO.
A RESOLUTION AWARDING AN ENGI EERINC
TO MCCLELLAND CONSULTING ENGINEERS,
AMOUNT NOT TO EXCEED $80,200.00 OR GE(
STUDIES, TOPOGRAPHIC SURVEYS, FLOOD
DESIGN, BIDDING, ' AND CONSTR CTIOI)
ASSOCIATED WITH FIVE (5) TRAIL B IDG
CREEK TRAIL. w` I
BE IT RESOLVED BY THE
FAYETTEVILLE, ARKANSAS:
CONTRACT
INC. IN AN
THE CITY OF
Section 1. T,hat he Cit Council► of » i&City 6f Fayetteville, Arkansas,
hereby awards a engineering ontracb�t c e and ons lting Engineers, Inc.
Ad
in anilr'r nt of to xe� $80,2004`00 for g 1 studies, topographic
suvys, floodfaia1KiSign, bidding, ai'co4sftuction services associated
with five (5) tr l�bridges forS�ul1 Gi e' Trail.
By:
PASSgD and f .P ROVED this 15th day of May, 2007.
DAN COODY, Mayor
ATTEST:
By:
E. SMITH, City Clerk/Treasurer
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From:
Clarice Pearman
To:
Petrie, Ron
Date:
5.16.07 12:14 PM
Subject:
McClelland Eng.
Ron,
The City Council passed your agenda item for 5.15.07. However the agreements I
Please let me know the status of the signature pages. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
coearman(aci.favetteville.ar. us
do not original signature pages only copies.
From: Clarice Pearman
To: Petrie, Ron
Date: 5.16.07 4:08 PM
Subject: Re: McClelland Eng.
I have three agreements. Pages 29 and 30 have signatures. The signature i
is just a copy of signatures. There are no original signatures except on page
the mayor and the other parties sign the page
>>> Ron Petrie 5.16.07 1:41 PM >>>
Clarice, Maybe I am missing something, but I thought we turned in three copies f the contracts that contained original signatures.
Did we turn in just three copies?
>>> Carice Pearman 05/16/07 12:14 PM >>>
Ron,
The City Council passed your agenda item for 5.15.07
Please let me know the status of the signature pages.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cnea rm a n Calci. fayettevi ll e. a r. us
However the agreements have do not original signature pages only copies.
Have a good day.
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5.23.07) Clarice Pearman -Res. 85-07 Page 1J
From: Clarice Pearman
To: Petrie, Ron
Date: 5.23.07 1:40 PM
Subject: Res. 85-07
Attachments: 85-07 McClelland Consulting Engineers, Inc.pdf
CC: Audit
Ron
Attached is a copy of the above resolution passed by City Council, May 15, 2007. I am forwarding to you two of three original
agreements via Interoffice mail. I will not be forwarding your original purchase acquisition because it is not sign. Please come by
and sign it. If anything else is needed please let me know. Have a good day.
Thanks.
Clarice