HomeMy WebLinkAbout71-97 RESOLUTIONRESOLUTION NO. 7 L-gJ )UAI\I\II.)
A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE
ENGINEERING CONTRACT WITH MCGOODWIN, WILLIAMS
& YATES, IN AN AMOUNT NOT TO EXCEED $291,954, PLUS
A FIXED FEE OF $43,043.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKAITTSAS:
Section l. The City Council hereby approves Amendment No. 2 to the engineering
contract with McGoodwin, Williams & Yates, in an amount not to exceed $291,954,p1us a fixed fee
of $43,043, and the Mayor and City Clerk are hereby authorized to execute said contract amendment.
A copy of th9 contract ame,ndment is attached hereto marked Exhibit "A" and made a part hereof.
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APPROVED this 5ttr day of ugust ,1997.
Fred Hanna, Mayor
ATTES
By
Traci Paul, City Clerk
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EXHIBIT A
AMENDMENT NO. 2
TO
AGREEMENT FOR ENGINEERING SERVICES
WATER SYSTEM IMPROVEMENTS
CITY OF FAYEITEVILLE, ARKANSAS
(M\ /Y File No. Fy-268)
WHEREAS, on February 18, 1997, the City of Fayetteville (the Ownefl entered
into an agreement with McGoodwin, Williams and Yates, lnc. (the Engineer), to provide
engineeri-ng services in connection withthe necess^ary facilities to allow the Owner to
suFpV wat6r to the recently acquired \A/hite River Sys!98 from Fayetteville's.sysJ9T
and'those facilities require-d to upgrade the Highway 45 East portion of Fayetteville's
system; and
WHEREAS, the Engineer has completed and submitted a final report on Weter
System lmprovements - Hi-ghway 45 East Area and White River Connections; and
WHEREAS, the Owner has previously authorized the Engineer to proceed with
development of these Phase I facilities (lnitial \Mite River Connections); and
WHEREAS, the Owner is now ready to proceed with the Highway 45 East Area
lmprovements herein described as the Phase llfacilities; and
WHEREAS, the originalAgreement provided that the scope of work, contract
provisions, and method of paymeht for design and construction management services
would be provided by contrac{ amendment;
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Owner and the Engineer, the parties hereto, stipu]ate and agree
that the'Agreement for Engineering Services" dated February 18, 1997, is hereby
amended in the following particulars.
Sec{ion l. Proiect Descriotion
This Phase ll projec{ is specifically set out in Exhibits 5, 6, and 7 of the above
described engineeririg rbport and generally described as follows:
A. Approximately 9,600 linear feet of 18-inch water line-and 7,500 linear feet
of iZ-incn waier line, beginning at the intersection of Joyce Street and the
42-incM)6-inctr transmission main. From the transmission main, extend
east along Joyce Street to the intersec{ion of Gulley.Road, then south
along Gui-ley Road to Highway 45, connecting to facilities to be constructed
under Phase l.
B. A 1,OQ0{allon per minute water pump station to be located on Gulley
Road, ap-proxiniately 1.5 miles north of Highway 45.
C. A TsO,OOOgallon etevated storage tank to be lqqqte.d on high ground-along
the west sidj-e of Gulley Road, approximately 4,000 linear feet north of
FaylF#2-1
Highway 45. Provisions are to be made in plans and.specifications to
re&ive attemate bids for a 1.0 million galbh tank. Site planning is also to
include basic piping, valves, etc., to provide a second tank in the future.
Section ll. Scooe of Enoineerino Services
Subsection.B is amended to provide for design and preparation of construction
ptans and specifications, bidding arid preconstruction services, and those services
heeOeO during the constiuction phasaof the project. These services shall include the
following:
1. Desion and Preoaration of Construction Plans and Soecifications
a. Perform field surveys required for preliminary and final design of the
project. This work sfrat include notification to apparent land owner as
bet'out in "Paragraph B, Section lV - Owne/s Responsibility."
b. Prepare final design for the pQect.
c. Prepare construction specifications and drawings.
d. Based upon final plans and specifications, prgp3re an opinion of .
probablecost of the authorizdd construction. lt is understood and
agreed that this opinion will be prepared for planning ang budgeting.
plrposes only and that ac'tual bids received for the construction work
may exceed the opinion of probable cost.
e. Establish the scope of any geotechnical investigations, special
surveys, or testirig whlch, in nis opinion, m-ay b9 required for design
and airdnge with the Owner the conduc{ of such investigations and
tests.
t. Furnish to the Owner, where required by the circumstances of the
assignment, the engineering data.(including construction p.lans and
spedfications) necessary for applications for routine permits and
a'pprovals by iocal, state and federal authorities.
g. Assist the Orner in obtaining permits for construc{ion of the needed
facilities from the various federal and state agencies.
h. Secure property descriptions and apparent ownership of the-propgrtjes
over wtricfr the
-proiect is to be construc{ed and prep.are and fumish to
the Orner the necbssary easement documents so that the land and
right of way needed for ionstruc{ion of the proiect can be acquired by
the Orner.
i. Coordinate with the Orne/s representatives throughout the de^sign of
the projec{ so that the project shall have the full benefit of the Owne/s
fnonrteOge and be con'sasient with the cunent policies and construction
prac{ices of the Owner.
FaylA#2-2
2.Biddino and Preconstruction Services
The Engineer will prepare and distribute advertisements for bids,
communicate with'bidhers as required, provide technical interpretation of
the plans and specifications, prepare addenda as require{,.att91{ the bid
opehing, tabulate bids, provide an engineering analysis of thE bids
rdceiveE, make recomniendations conceming award of construction
contract(s) and assist in the preparation of contract documents. Bid
tabulatioh3 and supporting dbcuments will be prepared and submitted to
the Orner.
Construction Servlces
a. Attend a preconstruc{ion conference schedule! by Owner. At the time
of the prdconstruction conferenoe, Notices to Proceed will be issued.
b. Fumish professional engineers to make visits to the site (as
distinguished from the services of a resident Projec-t $epresentative)
as appropriate to observe the progress and quality of the executed
worli inO'to determine in general [f the work is proceeding in accgld-
ance with the contract docr.rments. ln performing these seryices, the
Engineer shall have no control over nor responsibility for the Con-
traftor's means, methods, sequenca, techniques or procedures in
performing the work, or for safety prog.rams in connection with the
work. ThEse are solely the responsibilities of the Contractor, who is
also responsible for cdmplying with all health and safety precautions
as required by any regulatory agencies.
c. Fumish the services of resident Project Representatives and other
field personnelfor on-the-site observation of construction and for the
perfo'rmance of required constructiolr layout suryeys. Th.e authority
bnd duties of such'resident Project Representatives are limited to
examining the materialfumished and observing the work done and to
reporting their findings to the Engineer._The duties, responsibilities,
ada timitations of authority of Resident PQect Representatives are
further defined in the attaLhment to this Agreement. The Engineer
wil! use the usual degree of care and prudent judgment in the
selection of competent proiea Representatives, and the Engineerwill
use diligence to'see tnat tl'ie Proiect Representatives are on the job to
perform their required duties.
The required construction layout surveys will include the establish-
ment of baselines for locatinb the work, with a suitable number of
benctr marks for site elevatioh references as shown in the plans and
specifications.
d. Consutt with and advise the Owner; issue all instructions to the
contractor requested by the Owner; and prepare routine change
orders as required.
3.
FaylA#2-3
e. Review samples, catalog data, schedules, shpP drawings, laboratory,
shop and miil teits of material and equlpment.and 9!he1 data whictt
the'contractor submits. This review is for the benefit of the Owner to
ensure general conformance with the design.co!'tep! of the project
and gen-eral compliance by the contractor with the information given in
the i6ntract doctiments. lt does not relieve the contractor of any
responsibility such as dimensions to be confirmed and conelated at
the'job site,'appropriate safety measures to.protect.workers and the
pubiic, or theh'ecdssity to coigtruct a complete and workable facility in
accordance with the contract documents.
f. Prepare and veriff monthly and final estimates for payments to the
coniractor and fumish to the Owner any ne@ssary Contractor
certifications as to payments to subcontraclors and suppliers;
assemble written gi.raiantees wtricl't are required by the contract
documents.
g. Attend, in company with the Orne/s representative, a finalinspection
of the p.j""t. 'Thi3 inspection will be for conformance with the design
conceit of tne p@ec{ dnd compliance with the contract documents.
h. Fumish to the O,rrner a reproducible copy of the recor! drawings for
the projec{. Provided the'Orner executes a release of.liability, the
engine'er shall also fumish AutoCad electronic digital drawings files for
the Project.
i. Provide instruction for operating personnel in operation of the
facilities.
Section lll. Pavment
Subsec.tion B is amended to provide that for engineering services performed
under Sec-tions I and ll above, payment shall be based on ac'tualtime requir.ed tg
perform the work by the varioui ciassifications of empl-oy999 glgstaplished.ho.urly rates
ihown on Attacfrm5nt 2 in the not-tocxceed amount of $329,997, \rvhich includes a
nieO fee of S43,043. Reimbursable expenses (as defined in Subsection A of the
oiigtn-ategrienient) shall be ctrarge-{1t qpt ptus.ten percent (19o6)r Yli"ft for this
ph;$ ll Froject wili not exceed $5,000. The.not-to+xceed Contract Amount is
$334,997.
The Engineer agrees to keep an a@urate record of the hours of the various
classificationsti perso-nnelworkin! on the projec{. .Billing-shal! be submitted monthly
ana ifratt include'att costs accrued ptus a pio rbta share of the fixed fee based on the
per"enGge otworf 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
calcuh[ed on the basis of thdre being three construction contrac't sections with
conitruaion periods not exceeding the number of calendar days as set out below.
FaylF#24
a) Contract Section I - Approximately 17,100 linear feet of water line;
eiceeding 150 calendar daYs.
b) Contrac{ gection I - 1,OOO gallon per minute water pump station; contract- perioil-not exceetling 150 calendar days.
c) Contr?ct gection lll - 1qq,009 gallon elevated water storage tank contract
perioc-not eiceeding 365 calendar days.
The cost estimate and fee does not cover unforeseen contingencies such as
default Uy tne contractor, litigation, or other events not normally anticipated. Shou.ld
tne-conjtruction period'bdextended or should such other event. not normally
anticioated occur. 'and the estimated cost set out above is exceeded, the cost ceiling
and the fixed fee will be adjusted accordingly.
Section lV. Owne/s Resoonsibilities
This section is amended to modiff paragraph B and to add the following
responsibilities of the Orner as describeO in P-aragraphs E, F, G, H and I below:
B. This paragraph is modified by deleting the period at the end of the sentence- and iooini the following: "....provideE firsf that the Engineer has notified the
apparent d'wne(s) of prfuate pioperty in writing of their intention to enter
ubbn their lands t6 coitect bolndary, toqggraphig,.".nd existing.utility
idrformation and provided further that sdid orhe(s) have objec{ed to said
entrance. Notici shall be transmitted by regular mail to apparent owne/s
address of record in the county tax assessot's office."
E. Obtaining the necessary lands, easements and rights-of-way.for the
construciion of the worli. All costs associated with securing the necessary
land interests, inctuding easement surveys and preparatr.on (unless othenrise
provided for h'erein), afpraisals and abstract work, shall be borne by the
Orner.
F. Paying the costs of making n€oossary soundings, borings, analyses of
materi-als and laboratory work.
G. Paying all plan review costs and alt costs of advertising in connection with
the project.
H. Providing legal, accounting and insurance counseling services necessary for
the projdat Iegil review qflhe construction contract documents and such
auaitln! services as the O,rrner may require.
l.Fumishing permits and approvalsfrom all govemmental authorities having
iuiisOictioi bver the project and others as may be necessary lor completion of
the projec{.
FaylM2-5
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Section lV. Time for Comoletion
This section, as shown on page 5 of the original agreement (Section lV was
inadvertently used twice in the original document), is amended to provide that
preliminary ind final design a1d pieparation of construction plans. and specifications. .
witt Oe codrpleted and foriarded io the Arkansas Department of Health for review within
six months'after rqceipt of a Notice to Proceed from the Owner provided, however,.that
no delays are enc6uniered through no fzult of the lr.rgineer and that necessary data to
be furnfhed the Engineer by the-Owner is received by the Engineer in a timely
manner.
Section V. Documents
This section of the original Agreement is deleted in its entirety and the following
substituted therefor:
Al! 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 Vl. Termination
This section of the original Agreement is deleted in its entirety and the following
substituted therefor:
The obligation to provide further servioes under the contract.may be
terminat6d by the'Owner for cause upon 15 days written notice. UPo!.
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 contrac{.
ln addition to the above changes, the original Agreement is hereby further
amended to add the following sections:
Section Vll. lnsurance
The Engineer agrees to maintain standard insurange policies throu.g.h.the
life of this Agrdement, Induding Workers' Compensation in accordance with the
statutory reqlirement3 of the State of Arkansag!.co4p[ehqlqiye^genera! liability,
automo6ile liabitity, and professional liability with a limit of $1,000,000.
Sec{ion Vl!!. lndemnification
The Engineer agrees, to the fullest extent permifted by law, to indemnify
and hold the drner ha-rmless from damages and losses arising from the
negligent acts, enors or omissions of theEngineer in.the ger.fo.p91tce of
engin-eering services under this Agreement, [o the extent.that the Engineer is
reslponsibtd for such damages and bsses on a comparative basis of fault and
resionsibility between the Engineer and the Orner. The Engineer is not
obligated to lndemniff the Ogner for the Orne/s own negligen@.
FaylA#2$
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All other provisions of the original Agreement remain in full force and effect.
lN 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.
iuthorized representitives, and the parties hereto lr-lre set their hands and seals this
S+A daY of cu9; c, c / , 1997.
CITY OF FAYETTEVILLE, ARKANSAS
Attest:
McGOODWIN, WILLIAMS AND YATES, INC.
Attest:
Vice President
FaylA#2-7
ATTACHMENT I
Duties, Responsibilities and Limitations
of Authority of Resident Projed Representative
l. General
The Resident Project Representative is the Enginee/s Agent and shall aci as direcied by and
under the supervision of the Engineer. He shall confer with the Engineer regading his aclions.
His dealings in matters pertaining to the on-site wort wi!! in general be onlywith the Engineer
and Contractor. His deilings with subcontraciors witl only be through or with the full knowledge
of the Contractor or his superintendent. He shall generally communicate wtth the Owner only
through or as directed by the Engineer.
ll. Duties and Responsibilities
The Resident Pmjecl Representative shall:
A. Review the progress schedule, schedute of shop drawing submissions, schedule of
valves and other schedules prepared by the Contraclor and consult with the Engineer
conceming their acceptability.
B. Attend preconstrudion conference and inspections by funding agencies. He shall
anange a schedule of progress meetings and other job conferences as required, in
consultation with the Engineer.
C. Maintain Liaison Among Engineer, Contractor, and Orner
1. Serve as the Enginee/s liaison with the Contrador, working principally through
the Contraclor's superintendent and assist him in understanding the intent of the
Contract Documents. Assist the Engineer in serving as the Orne/s liaison with
the Contrac{or when the Contractor's operations affect the Orne/s on-site
operation.
2. As requested by the Engineer, assist in obtaining from the Orner additional
details or information when required at the job site for proper execution of the
work.
3. ln the interest of preserving the proper channels of communications, advise the
Engineer of any direct communications between the Ourner and the Contractor.
D. Coordinate Submittal of Shop Drawings and Supplies
1. Receive and record the date of receipt of evbry Shop Drawing and sample $,hich
has been accepted by the Engineer.
2. Receive samples which are fumished at the site by the Contrac{or for the
Enginee/s acceptance and notify the Engineer of their availability for his
examination.
3. Advise the Engineer and the Contraclor or his superintendent immediately of the
commenoement of any worlc 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 Construclion 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, defeclive or does not conform to the Contraci Documents, or has been
damaged, or does not meet the requirements of any inspedions, tests or
ProjRepl
approvals required to be made. Advise the Engineer when he believes the work
sh6uld be comeaeO, rejeded, should be uncovered for observation, or requires
special testing or inspec{ion.
3. Verify thet tests, equipment, system silartup and operating and maintel?nce
instniaions are coiducied as required by the Contraci Documents and in the
presenoe of the required personnel and that the Contrac{or maintains adequate
iecords thereof. Observi, re@rd, and report to the Engineer appropriate details
relative to the test procedures and slartups.
1. Accompany the Orner and visiting inspeciorsreprese{ang public or_otier
agencids h-aving jurisdiction over the project. Recod the outcome of these
inspedions and report to the Engineer.
Maintain Record of Construction Aclivity
1. Daily inspedion reports
Date, projed number, contractor, and inspection time.
Weather @nditions.
Work performed by the Contractor.
Deficiencies and conedive measures taken.
Significant delays and their causes.
Material and equipment deliveries to the site.
Disputes.
lnstructions received or given.
Description of any accidents.
Details of extra work done by the Contractor outside the scope of the
Contract Documents.
Visitors.
Record of the number of men and types of equipment used that day.
Tests done and the results.
Shop Drawing submittals and a shop log (submittals by the Contrec{or of
detailed data for equipment and/or materials to be used in the p@ed).
Change Order file.
Records of construc{ion deficiencies and resolutions.
Log of the deviations from Contract Documents (list of all deviations from the
design specifications and plans granted to the Contractor).
Test results file with a clear indication of the need for retesting if necessary.
lll. Limitations of Authority
The Resident Project Representative shall not:
A. Authorize any deviation from the Contrac{ Documents or substitution of
materials or equipment (including "or-equal" items), unless authorized by the
Engineer.
B. Exceed limitations of Enginee/s authority as set forth in the Agreement or the
Contracl Documents.
Undertake any of the responsibilities of Contrac{or, Subcontradors, Suppliers, or
Contracto/s superintendent.
Advise on, issue diredions relative to, or assume control over any aspect of the
means, methods, techniques, sequences, or procedures of construdion unless
such advice or dareciions are specifically required by the Contraci Documents.
F
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b.
c.
d.
g.
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h.
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k.
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m.
2.
3.
4.
5.
6.
c.
D.
ProjRee2
E.
F.
G.
H.
Advise on, issue direciions regarding, or assume control over safety precautions
and programs in connection with the Work.
Accept shop drawings or sample submittals from anyone otherthan Contnaclor.
Authorize Ornerto occupy the projeci in whole or in part.
Participate in specialized field or laboratory tests or inspections conduc'ted by
others except as specifically authorized by the Engineer.
ProjRep3
ATTACHMENT 2
Agreement for Engineering Services
Water System Improvements
City of Fayetteville, Arkansas
Emolovee Classifications
Engineer 5
Engineer 4
Engineer 3
Engineer 2
Engineer 1
Architecl 2
Architect 1
Technician 5
Technician 4
Technician 3
Technician 2
Technician 1
Adm. Asst.
Clerical 2
Clerical 1
Hourlv Rates*
$94.00
81 .00
68.50
43.50
39.50
57.50
47.50
53.50
48.50
38.00
30.00
22.00
56.00
44.50
25.00
*Raw salary cost for the various employee classifications plus one
hundred fifty percent (15006) to cover payroll expenses and general
overhead. Rates shall be subject to adjustment each January 1.
McGoodwin, Williams and Yates, lnc.
Fayettevi I le, Arkansas
March 10, 1997
I
NI'IiBER MCGOODWN, WLUAMS & YATES. ENGINEERING JOB COST ESTIMATE 6t11t97
PHASE
'I
. IMN 45 E.WATER SYSTE,T' ,MPROVEMENTS MAN-HOURS
F'ELD SURYEni 0 $0
Route Selec'tlon end Ljtilitv Localkmg E I E I N n 92 $4,703
Detailed Flold Surwys 24 8 8 24 1n 1n 304 $13.923
DETNLED PI.A'"S T SPEC'FrcII"OTJS 0 $o
Title Sheot, lnder & Mcinity ltlap - 3 sheets 4 4 I 30 46 $2,112
17,100 L.F. Weter Line Plan Sheds - 12 sheds 40 60 80 360 540 $25,766
750,(X)O Gal. Waler Tenk - 6 sheets 24 Q 40 180 2U $13,941
1000 gpm Water Booeter Station - 12 sheets 4 4 80 4 80 480 760 $37,215
Contracl Documents & Reproduc'tbn Q 60 60 4 80 16 100 24 4n $n,1Tl
Rwiew Plans with Orner 16 16 16 16 04 947Q
]-tdraulic Celc. for ADH 16 12 4 4 36 $2,m
Constructlon Cost Estimale I 4 12 4 12 4 4 $2,U2
- EASEilEil7S I PMil"''IS 0 $c
Arkansas Depertment of Heelth Submittal 16 16 16 4 4 56 $3,325
Easomenl Preperallon & fily Permits I 200 80 &2 Q 370 $17.888
BID PHASE 0 $0
Mvertiso for Bids 3 3 6 $2s4
Mdendums & Qnctions frofli Contrac'lora 12 I I 30 I 4 4 74 $4,413
Recoho & Revlew Bids, Recomrnend Contreci Aw 16 16 I 6 46 $2,860
CO'\'S IR U CN O N SER YTCES 0 $0
Preconstruction Conferenco & NTP I I I 4 2 30 $1,708
Submlttal Rovions
lnspeclion - Wale Unee t Booder Stetbn
lnspoction - Waler Tank
I 24 24 24 I 16 104 $6,366
40 Q 80 Q 1 000 I 200 $52.498
4 24 80 80 500 S3iz[,380
Chame Orders 24 24 Q 4 12 4 14 $9,815
Monlhty Pay Estimetoc 12 I I 48 12 r68 $9,945
Final lnspeclion / Plans of Rmrd 16 24 24 4 60 60 I I 2Q $12,944
TOTAI I4ANHOURS, :,, : :.,, :,,, : i,, : :,' :
: : : : i i I i . :
'
i i : :, : : : : i I 4n zffi 492 1n 0 g2 0 893 312 2666 1Q 16 48 153 1n 5752
Pt^rrrs t sPBaFrc,ATrorrs
0130,617
EASEI'ETVTS
t PEt?itfxs
$21,213
BtoPrusE.
rr,5dr
co rsr.Rucllpiu sERt/rcEs.
]1n,957
L-ABOR @ST
FE
RETT'EURSABIEI'
$286,954
$13,043
s6,000
'Antlclpdcr thrcc (3) Condructbnr Contrrct wlll bc nyrrdcd
TOTAL $334,997
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MAN.HRS
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