HomeMy WebLinkAbout32-97 RESOLUTION •
•
RESOLUTION NO. 3 2-9 7 (l A N N J P f.
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE
CONTRACT WITH McGOODWIN, WILLIAMS & YATES,
INC., IN AN AMOUNT NOT TO EXCEED $124,549, FOR
WORK RELATED TO THE WATER CONNECTION BETWEEN
FAYETTEVILLE AND THE WHITE RIVER RURAL SYSTEM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves Amendment No. 1 to the contract
with McGoodwin, Williams &Yates, Inc., in an amount not to exceed$124,549, for work related
to the water connection between Fayetteville and the White River Rural System. A copy of the
contract amendment is attached hereto marked Exhibit "A" and made a part hereof.
• TAMED AND APPROVED this 18th day of March , 1997.
T .. l �w
/7 r APPROVED:
By: e Zti�
• d red Hanna, Mayor
ATTEST:
By: 7Q11.)b
Traci Paul, City Clerk
�3. .I
EXHIBIT A
AMENDMENT NO. 1
TO
AGREEMENT FOR ENGINEERING SERVICES
WATER SYSTEM IMPROVEMENTS
CITY OF FAYETTEVILLE, ARKANSAS
WHEREAS, on February 18, 1997, the City of Fayetteville (the Owner) entered
into an agreement with McGoodwin, Williams and Yates, Inc. (the Engineer), to provide
engineering services in connection with the necessary facilities to allow the Owner to
supply water to the recently acquired White River System from Fayetteville's; system
and those facilities required to upgrade the Highway 45 east portion of Fayetteville's
system; and
WHEREAS, the Engineer has completed and submitted an interim report on
Phase 1, outlining the facilities necessary to make the initial connection to the White
River system; and
WHEREAS, the Owner is ready to proceed with development of these Phase 1
facilities; and
WHEREAS, the original Agreement provided that the scope of work, contract
provisions, and method of payment for design and construction management services
would be provided by contract amendment;
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Owner and the Engineer, the parties hereto, stipulate and agree
that the "Agreement for Engineering Services" dated February 18, 1997, is hereby
amended in the following particulars.
Section I. Project Description
This Phase 1 project includes the following:
A. Construction of a 12" pipeline beginning at the existing Highway 45 East
(Son's Chapel) pumping station and extending east along Highway 45
approximately 11,200 linear feet to the west corporate boundary of the
Town of Goshen; also, modification of the existing pumping station to
install new pumps.
B. Construction of approximately 11,300 linear feet of pipeline beginning at
the west corporate limits of the Town of Goshen and extending east along
Highway 45 to tie to the existing 6" White River system water line.
Fay/A#1-1
C. Construction of the recommended facilities needed to connect the Round
Mountain portion of the White River system to the Fayetteville system.
Generally, this includes the construction of approximately 10,500 linear
feet of 6" main beginning at an existing 6" line on Sequoyah Drive and
extending generally east across the Sequoyah Lake bridge to a proposed
pump station location, construction of said pump station and a connection
to an existing White River system line.
Section II. Scope of Engineering Services
Subsection B is amended to provide for design and preparation of construction
plans and specifications, bidding and preconstruction services, and those services
needed during the construction phase of the project. These services shall include the
following:
1. Design and Preparation of Construction Plans and Specifications
a. Perform field surveys required for preliminary and final design of the
project.
b. Prepare final design for the project.
c. Prepare construction specifications and drawings.
d. Based upon final plans and specifications, prepare an opinion of
probable cost of the authorized construction. It is understood and
agreed that this opinion will be prepared for planning and budgeting
purposes only and that actual bids received for the construction work
may exceed the opinion of probable cost.
e. Establish the scope of any geotechnical,investigations, special
surveys, or testing which, in his opinion, may be required for design
and arrange with the Owner the conduct of such investigations and
tests.
f. Furnish to the Owner, where required by the circumstances of the
assignment, the engineering data (including construction plans and
specifications) necessary for applications for routine permits and
approvals by local, state and federal authorities.
g. Assist the Owner in obtaining permits for construction of the needed
facilities from the various federal and state agencies.
Fay/A#1-2
h. Secure property descriptions and apparent ownership of the properties
over which the project is to be constructed and prepare and furnish to
the Owner the necessary easement documents so that the land and
right of way needed for construction of the project can be acquired by
the Owner.
i. Coordinate with the Owner's representatives throughout the design of
the project so that the project shall have the full benefit of the Owner's
knowledge and be consistent with the current policies and construction
practices of the Owner.
2. Bidding and Preconstruction Services
The Engineer will prepare and distribute advertisements for bids,
communicate with bidders as required, provide technical interpretation of
the plans and specifications, prepare addenda as required, attend the bid
opening, tabulate bids, provide an engineering analysis of the bids
received, make recommendations concerning award of construction
contract(s) and assist in the preparation of contract documents. Bid
tabulations and supporting documents will be prepared and submitted to
the Owner.
3. Construction Services
a. Attend a preconstruction conference scheduled by Owner. At the time
of the preconstruction conference, Notices to Proceed will be issued.
b. Furnish professional engineers to make visits to the site (as
distinguished from the services of a resident Project Representative)
as appropriate to observe the progress and quality of the executed
work and to determine in general if the work is proceeding in accord-
ance with the contract documents. In performing these services, the
Engineer shall have no control over nor responsibility for the Con-
tractor's means, methods, sequence, techniques or procedures in
performing the work, or for safety programs in connection with the
work. These are solely the responsibilities of the Contractor, who is
also responsible for complying with all health and safety precautions
as required by any regulatory agencies.
c. Furnish the services of resident Project Representatives and other
field personnel for on-the-site observation of construction and for the
performance of required construction layout surveys. The authority
and duties of such resident Project Representatives are limited to
examining the material furnished and observing the work done and to
reporting their findings to the Engineer. The duties, responsibilities,
and limitations of authority of Resident Project Representatives are
Fay/A#1-3
further defined in the attachment to this Agreement. The Engineer
will use the usual degree of care and prudent judgment in the
selection of competent Project Representatives, and the Engineer will
use diligence to see that the Project Representatives are on the job to
perform their required duties.
The required construction layout surveys will include the establish-
ment of baselines for locating the work, with a suitable number of
bench marks for site elevation references as shown in the plans and
specifications.
d. Consult with and advise the Owner; issue all instructions to the
contractor requested by the Owner; and prepare routine change
orders as required.
e. Review samples, catalog data, schedules, shop drawings, laboratory,
shop and mill tests of material and equipment and other data which
the contractor submits. This review is for the benefit of the Owner to
insure general conformance with the design concept of the project and
general compliance by the contractor with the information given in the
contract documents. It does not relieve the contractor of any respon-
sibility such as dimensions to be confirmed and correlated at the job
site, appropriate safety measures to protect workers and the public, or
the necessity to construct a complete and workable facility in
accordance with the contract documents.
f. Prepare and verify monthly and final estimates for payments to the
contractor and furnish to the Owner any necessary Contractor
certifications as to payments to subcontractors and suppliers;
assemble written guarantees which are required by the contract
documents.
g. Attend, in company with the Owner's representative, a final inspection
of the project. This inspection will be for conformance with the design
concept of the project and compliance with the contract documents.
h. Furnish to the Owner a reproducible copy of the record drawings for
the project. Provided the Owner executes a release of liability, the
Engineer shall also furnish AutoCad electronic digital drawings files for
the project.
i. Provide instruction for operating personnel in operation of the
facilities.
Fay/A#1-4
Section III. Payment:
Subsection B is amended to provide that for engineering services performed
under Sections I and II above, payment shall be based on actual time required to
perform the work by the various classifications of employees at established hourly rates
shown on Attachment 2 in the not-to-exceed amount of$114,549, which includes a
fixed fee of$14,941. Reimbursable expenses (as defined in Subsection A of the
original Agreement) shall be charged at cost plus ten percent (10%), which for this
Phase 1 Project will not exceed $10,000. The not-to-exceed Contract Amount is
$124,549.
The Engineer agrees to keep an accurate record of the hours of the various
classifications of personnel working on the project. Billing shall be submitted monthly
and shall include all costs accrued plus a pro rata share of the fixed fee based on the
percentage of work completed. Payment for engineering services shall be made within
30 days after claim submittal by the Engineer.
It is understood and agreed that the above cost estimate and lump sum fee were
calculated on the basis of a construction period not exceeding 120 calendar days and
do not cover unforeseen contingencies such as default by the contractor, litigation, or
other events not normally anticipated. Should the construction period be extended or
should such other event not normally anticipated occur, and the estimated cost set out
above is exceeded, the cost ceiling and the fixed fee will be adjusted accordingly.
Section IV. Owner's Responsibilities
This section is amended to add the following responsibilities of the Owner:
E. Obtaining the necessary lands, easements and rights-of-way for the
construction of the work. All costs associated with securing the necessary
land interests, including easement surveys and preparation (unless otherwise
provided for herein), appraisals and abstract work, shall be borne by the
Owner.
F. Paying the costs of making necessary soundings, borings, analyses of
materials and laboratory work.
G. Paying all plan review costs and all costs of advertising in connection with
the project.
H. Providing legal, accounting and insurance counseling services necessary for
the project, legal review of the construction contract documents and such
auditing services as the Owner may require.
I. Furnishing permits and approvals from all governmental authorities having
jurisdiction over the project and others as may be necessary for completion of
the project.
Fay/A#1-5
Section IV. Time for Completion:
This section, as shown on page 5 of the original agreement (Section IV was
inadvertently used twice in the original document), is amended to provide that pre-
liminary and final design and preparation of construction plans and specifications will
be completed and forwarded to the Arkansas Department of Health for review within
eight weeks after receipt of a Notice to Proceed from the Owner.
Section V. Documents
This section of the original Agreement is deleted in its entirety and the following
substituted therefor:
All final documents shall become the property of the Owner upon
completion of the work and payment in full of all monies due the Engineer.
The Owner shall not reuse or make any modification to the plans and
specifications without prior authorization from the Engineer.
Section VI. Termination
This section of the original Agreement is deleted in its entirety and the following
substituted therefor:
The obligation to provide further services under the contract may be
terminated by the Owner for cause upon 15 days written notice. Upon
termination the Owner shall within thirty (30) calendar days of termination
pay the Engineer for all services rendered in accordance with the payment
terms of the contract.
In addition to the above changes, the original Agreement is hereby further
amended to add the following sections:
Section VII. Insurance
The Engineer agrees to maintain standard insurance policies through the
life of this Agreement, including Workers' Compensation in accordance with the
statutory requirements of the State of Arkansas, comprehensive general liability,
automobile liability, and professional liability with a limit of$1,000,000.
Fay/A#1-6
Section VIII. Indemnification
The Engineer agrees, to the fullest extent permitted by law, to indemnify
and hold the Owner harmless from damages and losses arising from the
negligent acts, errors or omissions of the Engineer in the performance of
engineering services under this Agreement, to the extent that the Engineer is
responsible for such damages and losses on a comparative basis of fault and
responsibility between the Engineer and the Owner. The Engineer is not
obligated to indemnify the Owner for the Owner's own negligence.
All other provisions of the original Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Owner has caused these presents to be executed
in its behalf by its duly authorized representatives, and the said Engineer by its duly
istieforized representatives, and the parties hereto have set their hands and seals this
,
'44 day of Ma r cA , 1997.
z
t • t
•
.. ` •i #�r CITY OF FAYETTEVILLE, ARKANSAS
• % �.c�� Fre Hanna, Mayor
1
Traci Paul, City Clerk
McGOODWIN, WILLIAMS AND YATES, INC.
Attest:
. Carl Yates, P dent
Charles R. Nickle
Vice President
Fay/A#1-7
•
ATTACHMENT 1
Duties, Responsibilities and Limitations
of Authority of Resident Project Representative
General
The Resident Project Representative is the Engineer's Agent and shall act as directed by and
under the supervision of the Engineer. He shall confer with the Engineer regarding his actions.
His dealings in matters pertaining to the on-site work will in general be only with the Engineer
and Contractor. His dealings with subcontractors will only be through or with the full knowledge
of the Contractor or his superintendent. He shall generally communicate with the Owner only
through or as directed by the Engineer.
II. Duties and Responsibilities
The Resident Project Representative shall:
A. Review the progress schedule, schedule of shop drawing submissions, schedule of
valves and other schedules prepared by the Contractor and consult with the Engineer
concerning their acceptability.
B. Attend preconstruction conference and inspections by funding agencies. He shall
arrange a schedule of progress meetings and other job conferences as required, in
consultation with the Engineer.
C. Maintain Liaison Among Engineer, Contractor, and Owner
1. Serve as the Engineer's liaison with the Contractor,working principally through
the Contractor's superintendent and assist him in understanding the intent of the
Contract Documents. Assist the Engineer in serving as the Owner's liaison with
the Contractor when the Contractor's operations affect the Owner's on-site
operation.
2. As requested by the Engineer, assist in obtaining from the Owner additional
details or information when required at the job site for proper execution of the
work.
3. In the interest of preserving the proper channels of communications, advise the
Engineer of any direct communications between the Owner and the Contractor.
D. Coordinate Submittal of Shop Drawings and Supplies
1. Receive and record the date of receipt of every Shop Drawing and sample which
has been accepted by the Engineer.
2. Receive samples which are furnished at the site by the Contractor for the
Engineer's acceptance and notify the Engineer of their availability for his
examination.
3. Advise the Engineer and the Contractor or his superintendent immediately of the
commencement of any work requiring a Shop Drawing or sample submission if
the Shop Drawing or submission has not been approved by the Engineer.
E. Observe and Report on Construction Activity
1. Conduct on-site observation of the work in progress to assist the Engineer in
determining that the project is proceeding in general accordance with the
Contract Documents.
2. Report to the Engineer whenever he believes that any work is unsatisfactory,
faulty, defective or does not conform to the Contract Documents, or has been
damaged, or does not meet the requirements of any inspections,tests or
ProjRep-1
•
approvals required to be made. Advise the Engineer when he believes the work
should be corrected, rejected, should be uncovered for observation, or requires
special testing or inspection.
3. Verify that tests, equipment, system startup and operating and maintenance
instructions are conducted as required by the Contract Documents and in the
presence of the required personnel and that the Contractor maintains adequate
records thereof. Observe, record, and report to the Engineer appropriate details
relative to the test procedures and startups.
4. Accompany the Owner and visiting inspectors representing public or other
agencies having jurisdiction over the project. Record the outcome of these
inspections and report to the Engineer.
F. Maintain Record of Construction Activity
1. Daily inspection reports
a. Date, project number, contractor, and inspection time.
b. Weather conditions.
c. Work performed by the Contractor.
d. Deficiencies and corrective measures taken.
e. Significant delays and their causes.
f. Material and equipment deliveries to the site.
g. Disputes.
h. Instructions received or given.
Description of any accidents.
j. Details of extra work done by the Contractor outside the scope of the
Contract Documents.
k. Visitors.
Record of the number of men and types of equipment used that day.
m. Tests done and the results.
2. Shop Drawing submittals and a shop log (submittals by the Contractor of
detailed data for equipment and/or materials to be used in the project).
3. Change Order file.
4. Records of construction deficiencies and resolutions.
5. Log of the deviations from Contract Documents(list of all deviations from the
design specifications and plans granted to the Contractor).
6. Test results file with a clear indication of the need for retesting if necessary.
III. Limitations of Authority
The Resident Project Representative shall not:
A. Authorize any deviation from the Contract Documents or substitution of
materials or equipment (including "or-equal" items), unless authorized by the
Engineer.
B. Exceed limitations of Engineer's authority as set forth in the Agreement or the
Contract Documents.
C. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or
Contractor's superintendent.
D. Advise on, issue directions relative to, or assume control over any aspect of the
means, methods,techniques, sequences, or procedures of construction unless
such advice or directions are specifically required by the Contract Documents.
ProjRep-2
E. Advise on, issue directions regarding, or assume control over safety precautions
and programs in connection with the Work.
F. Accept shop drawings or sample submittals from anyone other than Contractor.
G. Authorize Owner to occupy the project in whole or in part.
H. Participate in specialized field or laboratory tests or inspections conducted by
others except as specifically authorized by the Engineer.
ProjRep-3
ATTACHMENT 2
Agreement for Engineering Services
Water System Improvements
City of Fayetteville, Arkansas
Employee Classifications Hourly Rates*
Engineer 5 $94.00
Engineer 4 81.00
Engineer 3 68.50
Engineer 2 43.50
Engineer 1 39.50
Architect 2 57.50
Architect 1 47.50
Technician 5 53.50
Technician 4 48.50
Technician 3 38.00
Technician 2 30.00
Technician 1 22.00
Adm. Asst. 56.00
Clerical 2 44.50
Clerical 1 25.00
*Raw salary cost for the various employee classifications plus one
hundred fifty percent (150%) to cover payroll expenses and general
overhead. Rates shall be subject to adjustment each January 1.
McGoodwin, Williams and Yates, Inc.
Fayetteville, Arkansas
March 10, 1997
222nFsi.sls § A '§ NMgM IHI
t: N
:: O N lh N 7 8 CO lh m N CO CO O O R il O N °g N O COS IA 4 O
I-
.. CO N g v CO N CO v g 10 e.
N �L
d' R N N N NN .- v CO 1 v ° N IC
i
1 O
U CO CO
W
cc I
I U e- § R O co o O O g
W � :
m• Z
o § l Co .- gcOvmvgv 1- 1. R co8RRCON
O
z _
a
W o
W
z
a W
Z N A
W = o
N
a a
W m
a>- z c
so O .al
(i) N
0J 2 2 Co w CO V N CO 2
• tx I OI1 �
o CX vr
OW v O I v N CO R
W
Z• ::2 1. CO �- CO CO CO N CD O CO N • CO CO
Q W
~ T..
P 14. i 5 .5 TflU:::: i i i u! L
F1 .£ 171 E j oil g
ul 1