HomeMy WebLinkAbout85-07 RESOLUTIONRESOLUTION NO. 85-07
•
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
„„eriREgs.,.
=°r,\1 •Y OF• • Ge
=U• •��
.FAYETTEVILLE:
3,7; •;VC AN5P• J?`.
., �o
° •F 1.
�
Cirff
* 1.
ff
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.
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 1
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.
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\ Engineering Agreement.doc 2
..,y; :.4
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
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 3
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.
W:12007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc
4
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
W:\20071072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 5
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.
W:12007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 6
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.
W:120071072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 7
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.
W:120071072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 8
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.
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 9
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
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc
10
4
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
W:120071072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 11
•
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
W:120071072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement-r.doc
12
•
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.
W:120071072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 13
•
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
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 14
•
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.
W:\2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 15
•
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
W:12007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 16
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.
W \2007\072125 Fay Scull Creek Trail Bridges\Contracts\Engineering Agreement.doc 18
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