HomeMy WebLinkAbout2007-06-12 - Agendas - Final Tay�eVvi le
RKANSAS WATER/SEWER COMMITTEE AGENDA
Meeting bate of June 12, 2007
COMMITTEE: Chairman Kyle Cook; Alderman: Lioneld Jordan, Bobby Ferrell, Adella Gray
COPY TO: Mayor Dan Coody, Sondra Smith, Gary Dumas, Paul Becker, Susan Thomas,Tim
Conklin, Jeremy Pate, Ron Petrie, Shannon Joe , T m Hubbard, Peggy Bell, Lynn
Hyke, OMI
FROM: David Jurgens, Water and Wastewater Director
A meeting of the Fayetteville Water and Sewer Committee is pla n d for June 12, 2007, at 5:15
PM, Room 326, Fayetteville City Hall. Proposed topics include:
1. Approve Minutes of the May 8, 2007 Water/Sewer Committee Me ting.
2. WSIP U date.
Contract Description Contractor Cost % Complete
WL-1 Porter - Hamestring & Old Wire- Gregg Oscar Renda $ 7,186,957 100%
WL-2 North St - Poplar - Gregg Gravity Line T-G Excavatinq $ 4,413,664 61%
WL-3 Porter - Hamestring & Old Wire — Gregg Combined contract with WL-1 100%
WL-4 Gregg Ave - Hamestring LS Gravity Line Oscar Renda $ 10,441 ,319 48%
WL-5 Force mains Hamestring - West Plant Garney Const $ 4,752,287 100%0
WL-6 Hamestring Lift Station Brasfield & Gorrie $ 6,133,546 62%
WL-7 GreggAve Lift Station Crossland Heavy $ 1 ,527,000 0.00%'
EP-1 Noland Wet Weather Improvements Wilson Brothers $ 1,327,794 0.00%
EP-2 Noland WWTP Renovation Archer Western $ 14,818,644 92.42%
EP-4 Noland WWTP Oxygen Injection BluelnGreen $ 66,460 0.00%
WP-1 b Broyles Road Construction Crowder Const $ 3,737,965 0.00%
WP-2b Wetlands Mitigation, WWTP Site 2Green Scaping $_ 145,200 5.00%
WP&L BP West Side (WL-6 & WP-3) Backup Power PowerSecure $ 1 ,986,897 14.21%
WP-3 West Side WWTP Construction Brasfield & Gorrie $ 59,994,710 53.9%
This percentage reflects only this particular contract. The overall completion percentage for the
wetland mitigation site, including,berms, water control structures, etc., is 75%.
a. WSIP Farmington Area Work. Design and easement acquisition are under way.
b. WSIP Easement Update. An updated matrix is attached.
c. Black and Veatch Change Order # 2 is attached.
d. McGoodwin,"Williams and Yates Change Order # 2 is attached.
e. Beaver Lake Watershed Nutrient Reduction Study. The proposed contract with `
GeoSyntec Consultants for the development of a Nutrient Reduction Plan is attached. This contract
was required as part of the agreement with the Beaver Water District in order to reduce the load of
Total Phosphorus into Beaver Lake. Staff requests this item be forwarded to the full City
Council. '
f. WL-1 and 3 Change Order Number 1. The attached change order with Oscar Renda
was required to reconcile unit quantities within the contract, and to allow for changes based on those
locations where the actual ground and underground circumstances found on the project differed
from what was anticipated. Primary modifications include a number of manholes that were added
due to construction that occurred between the design and final completion, and the amount of rock
that was estimated versus that found underground. The time increase of 69 days is due primarily to
the rock excavation and the additional work items that have not yet been completed. This time
increase has no impact on the overall WSIP schedule. No additional change orders are expected on
this contract.
W&S committee agenda 121unO7
water that are not physically receiving the service; (2) accounts that should be on our water and/or
sewer systems that are not; (3) structures that are on septic that are within our normal sewer service
area; (4) structures that are on private water that are within our normal water service area; and (5) it
will verify structures might be on our water and/or sewer system for which no account is established.
9. 36" Water Transmission Main Rehabilitation. The surge tank is back in service. Work is
underway on the flow control structures for the 36" and 42" water transmission mains. Due to water
demands and the delivery time for some specialized components, some work may be deferred to
this fall.
10. Scheduling the Next Water/Sewer Committee Meeting. Staff recommends the next W/S
Committee meeting be scheduled at 5:15 Tuesday, July 10, 2007 in room '326, immediately following
the Agenda Session.
Attachments: WSIP Easement Matrix
WL-1 and 3 Change Order Number 1
Black and Veatch Change Order # 2
McGoodwin, Williams and Yates Change Order # 2
Beaver Water District Rate Letter and Attachments
Sewer Service Line Policy
Water Service Line Policy
Backflow Prevention Ordinance
W&S committee agenda 12Jun07
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Mayor's Approval
CONTRACT REVIEW MEMO
To: Mayor Dan Coody
Fayetteville Sewer Committee
From: David Jurgens, Water and Wastewater Director
Date: May 25, 2007
Subject: Approval of Change Order # 1 to the constructio contract with Oscar Renda, for
$172,009, for construction of the gravity sewer lines from Old Wire Road - Gregg and Porter Road -
Hamestring Lift Station, WSIP subprojects WL-1&3. Funds are available in the approved project
contingency
RECOMMENDATION
Staff recommends approval of change order # 1 to the construction contract with Oscar Renda, for
$172,009, for construction for construction of the gravity sewer lines from Old Wire Road to Gregg
y
and Porter Road to the Hamestring Lift Station, WSIP subprojects WL-1&3. Funds are available in
the approved project contingency.
BACKGROUND
The project involves construction of approximately 30,831' of mostly 21-36" gravity sewer main,
116 new manholes, remove and/or abandon 114 manholes, install 2,015' of 36-48" bore and jack,
and related work, along Hamestring Creek and Mud Creek, from the existing Old Wire Road Lift
Station to the Gregg Avenue Lift Station, and from the existing Porter Road Lift Station to the new
Hamestring Lift Station. The contract was awarded in May, 2006, and is nearing completion.
DISCUSSION
This change order is required to reconcile unit quantities within the contract, and to allow for
changes based on those locations where the actual ground and underground circumstances found on
the project differed from what was anticipated. Primary modifications include a number of
manholes that were added due to construction that occurred between the design and final
completion, and the amount of rock that was estimated versus that found underground. The time
increase of 69 days is due primarily to the rock excavation and the additional work items that have
not yet been completed. This time increase has no impact on the overall WSIP schedule.
This change order has been reviewed by RJN, the Engineer; they concur and recommend approval.
No additional change orders are expected on this contract.
BUDGET IMPACT
Funds are available within the approved contract contingency of$280,000; a balance of$107,991
will remain in the contingency after this change order.
WL-]and3 Chg Ordr 1 CCMemoMay07
6 ip
Change Order No. 1 Page 1 of 2
CONTRACT CHANGE ORDER Contact Schedule
Section Date 5/18/2007
CProjectNo.: CS-0500803-03 Owner Project No.: WL-l/WL-3
.ect Name: Hamestring to Porter Rd LS&Old Wire to Gregg Ave LS Location: Fayetteville,Arkansas
Owner: City of Fayetteville Contractor. Oscar Renda Contracting,Inc
Address: 113 West Mountain Address: 522 Benson Lane
Fayetteville, AR 72701 Roanoke,TX 76262
THE FOLLOWING CHANGES ARE HEREBY AMENDED INTO THE CONTRACT PLANS AND SPECIFICATIONS:
ITEM# DESCRIPTION DECREASE INCREASE
1 Change Order to adjust construction quantities
See Attached for Cost Breakdown $172,009.00
TOTAL DECREASE AMOUNT $0.00
TOTAL INCREASE AMOUNT $172,009.00
NET CHANGE ORDER $172,009.00
ENGINEERS FINAL
CHANGEO ONTRACT AM TOTAL AMOUNT ELIGIBLE AMOUNT
Original Contract Amount $7.014,948.00 $7.014,948.00
Total Previous Change Order(s) $0.00 $0.00
Net Amount This Change Order $172.009.00 $172.009.00
TOTAL CONTRACT AMOUNT TO DATE $7.186.957.00 $7,186.957.00
CHANGE TO CONTRACT COMPLETION DATE:
Original Completion Date April 25,2007
Previous Adjusted Completion Date 4u4ugr3 AM t L 2C ?,Dal
(Increase)(Decrease)This Change Order 69 Calendar Days
W CONTRACT COMPLETION DATE: Tu13 3.
COMMENDED: M GROUP
Signature Title Date
ACCEPTED: OSCAR RENDA CONTRACTING, INC
Contractor
Y:
SignaturV Title Date
PROVED: ITY OF •AYE VILLE
"Signat I
BY: _ � / . e
li ure Tiffe Date
;r
Cost Breakdown for Change Order# 1
Hatnestring to Porter Rd LS/Old Wire to Gregg Ave LS WL-1/WL-3
Pae 2 of 2
Quantities Adjusted
]tem Description Adjust ContractUnit Unit Cost Ori innl Adjusted +/- Amount
I Site Preparation.Clearing and Gmbbin LS S -30-0,000-0-0 1.00 1.00 0.00 $0.00
2 Construction Staking LF $ 5.00 31823.00 31823.00 0.00 $0.00
3 Construct 72"Dia.Manhole All D EA S 6,500.00 1.00 1.00 0.00 $0.00
4 Construct 60".Dia.Manhole- EA S 4.800.00 27.00 27.00 0.00 $0.00
5 Construct 60"Dia.Manhole,Extra Depth VF $ 170.00 227.00 219.07 -7.93 -Sl 8.10
6 Construct 60"Dia.Drop Manhole EA $ 5,800.00 7.00 7.00 0.00 50.00
7 Construct 48"Dia.Manhole EA $ 1,500.00 72.00 72.00 0.00 $0.00
8 Construct 48"Dia Manhole,Extra Depth VF $ 100.00 318.00 272.48 -45.52 -$4,552.00
9 Construct 48"Dia.Drop Manhole EA $ 2,200.00 8.00 9.00 1.00 $2.200.00
10 36"Sewer Pipe and embedment LF S 190.00 518.00 518.00 0.00 $0.00
11 30"Sewer Pipe and embedment LF $ 140.00 6434.00 6442.008.00 $1,120.00
12 27"Sewer Pipe and embedment LF $ 120.00 3340.00 3340.00 0.00 50.00
13 24"Sea er Pipe and embedment LF S 110.00 17684.00 17629.00 -55.00 46,050,00
14 21"Sewer Pipe and embedment LF S 100.00 2193.00 2142.00 -51.00 4510100
15 18"Sewer Pipe and embedment LF $ 80.00 302.00 258.00 44 • -$3 520..00 00
16 12"Sewer Pipe and embedment LF $ 80.00 14.00 34.00 20.00 $1,60D.00
17 10"Sewer Pipe and embedment LF S 75.00 113.00 110.00 -3:00 -$215.00
18 8"Sewer Pipe and-embedment LF $ 70.OD 233.00 530.00 .297.00 $20,790.00
19 8"Lined DIP Sewer Pie LF S 85.00 13.00 0.00 13.00 -$1.105.00
20 24"Lined DIP Manhole Stubout EA S 900.00 1.00 1.00 0.00 50.00
21 Trench Excavation and Backfill 0-8 feet LF S 10.00 4374.00 5199.60 825.60 $8,256.00
22 Trench Excavation and Backfill(8-12 feet) LF $ 20.00 I7564.00 16440.00 1124.00 -S22,480.00
23 Trench Excavation and Backfill 12-16 feet LF $ 30.00 6530.00 6386.00 -144.00 -$4,320.00
24 Trench Excavation and Backfill(16.20 feet) LF S 40.00 685.00 658.00 -27.00 -$1 080.00
25 Trench Excavation and Backfill 20-24 feet LF $ 100.00 60.00 0.00 -60.00 d6 000.00
26 Rock Excavation CY $ 40.00 3735.00 6312.48 2577.48 $103,09.20
27 48"Steel Encasement By Open Cut LF S 220.00 461.001 380.00 -81.00 -$17,820.00
28 W'Steel Encasement By Open Gln LF $ 145.00 675.00 675.00 0.00 $0.00
29 48"Steel Encasement By.Bore and Jack LF $ 700.00 632.00 616.00 -16.00 411,200.0
30 42"Steel Encasement By Bore and lack LF $ 600.00 503.00 519.00 16.00 $9,600.00
31 36"Steel Encasement by Bore and Jack LF S 470.00 880.00 1030.00 150.00 S70,500.00
32 Connection to Existing GreggLift Station LS S 710--D-0.0-0- 1.00 1.00 0.00 $0.00
33 Abandon Existing Sewer LF S 1.00 14653.00 14653.00 0.00 50:00
34 Tree Protection and Pruning LS $ 1000000 1.00 1.00 0.00 $0.00
35 Remove Existing Manhole EA $ 300.00 41.00 62.00 21.00 $6,300.00
36 Abandon ExWioa Manhole EA $ 200.00 42.00 41.00 -1.00 -$200.00
37 Connect Service Lateral EA S 500.00 1.00 4.00 3.00 $1,500.00
38 Extension of Service Lateral LF S 100.00 10.00 115.00 105.00 $10.500.00
39 Service Lateral Cleanout EA $ 1,000.00 1.00 1.00 0.00 $0.00
40 TempmaryPlught New Sewer. All Sizes EA S 300.00 7.00 7.00 0.00 50.00
41 Trench Foundation Material CY $ 7.00 605.00 578.00 -27.00 -$189.00
42 Trench Compaction Test LS $ 20 000.00 1 1.00 1.00 0.00 $0.00
43 Rock Ri Rav CY S 65.00 1816.00 974.17 -841.83 -$54 718.95
44 Clay Dam EA $ 100.00 12.00 12.00 0.00 $0.00
45 Remove and Replace Asphalt Paving SY S 20.00 938.00 584.70 -353.30 -S7,066.00
46 Remove and Replace fthalt Trails and Paths SY S 20.00 3180.00 4470.00 1290.00 S25,800.00
47 Remove and Replace Concrete Pavia SY $ 45.00 538.00 474.11 -63.89 -$2,875.05
48 Remove&Replace Concrete Sidewalk SF $ 4.00 915.00 3594.00 2679.00 $10,716.00
49 Replace Gravel Surfaces SY $ 15.00 1290.00 0.00 -1290.00 -$19,350.00
50 Relocate or Steel Encase Water Main EA $ 3,000.00 2.00 0.00 -2.00 -$6 000.00
51 Porter Road Junction Box EA $ -30,0-00-0-0 1.00 0.40 -0.60 EI8,000.00
52 Seedin 'and Mulching SY $ 1.00 10169.00 10169.00 0.00 $0.00
53 Sod Replacement SY $ 4.00 134800 . 1384.00 36.00 $144.00
54 Erosion Control ' LS S 10,000.00 . 1.00 1.00 0.00 $0.00
55 Trench Safe LF $ 1.00 29169.00 29169.00 0.00 $0.00
56 Traffic Control . LS S 10 000.00 1.00 1.00 0.00 $0.00
57 . Weiland Topsoil ExcavationWestoration Measures LS $ 4,000.00 1.00 1.00 0.00 $0.00
58 Surface Video Documentation LS S 1.000.001 1.00 1 0.001 $
59 PCM I-Bell Chapel Relocation LS S 9,833.08 0.00 1 1.00 $9,833.08
6 PCM 2-Additional Manhole-Hamestring Lift Station LS $ 3,000.00 0.00 1 1.00 $3,000.00
61 PCM 3-Gregg Avenue Force Main Repair LS $ 8,795.40 0.00 1 1.00 $8,795.40
62 PCM 4-Additional 48"Encasement Pie LS $, 11 000.00 1.00 1 0.00 $0.00
63 PCM 5-Porter Road Junction Box Redesign LS S 12,288.88 1.00 1 0.00 $0.00
64 PCM 6-Service Lateral Reinstatemdnts LS S 5000.00 0.00 1 1.00 $5,000.00
65 PCM 7-Redesigndue to 36"Water Line Break and Grade. LS E 16 800.00 0.00 1 1.00 $10,800.00
66 PCZ
8 Additional Manholes LS Is 49,654.42 0.001 11 1.00 $49,654.42
Total Contract Change: $172,009.00
Mayor's Approval
CONTRACT REVIEW MEMO
To: Mayor Dan Coody
Fayetteville Sewer Committee
From: David Jurgens, Water & Wastewater Director
Date: 7 June 2007
Subject: Approval of Amendment Number 2 to the Engine ring contract with Black and
Veatch, Inc., amending the scope of work with no change to the contract cost, for Design and
Construction Phase Services of the Noland Wastewater Treatment Plant Renovations,
Wastewater System Improvement Project Subprojects EP-1 through EP-4
RECOMMENDATION
Staff recommends approval of Amendment Number 2 to the Engineering contract with Black
and Veatch, Inc., amending the scope of work with no change to the contract cost, for Design
and Construction Phase Services of the Noland Wastewater Treatment Plant Renovations,
Wastewater System Improvement Project Subprojects EP-1 through EP-4.
BACKGROUND
This project involves design, construction phase services, and post-construction evaluation
services for the renovations to the Noland Wastewater Treatment Plant. The original design
contract was awarded in July 2003; the construction and post construction phase services
amendment (Amendment 1) was approved in May 10, 2005.
DISCUSSION
This amendment is required in order to reflect changes in the scope of work of the construction
phase services portion of the contract. Amendment 1 to this contract, negotiated by Bob Davis in
and approved by the City Council in May 2005, only addressed construction phase services for
the Archer Western construction contract EP-2, headworks and solids handling renovation. It
did not allow for construction phase services for the other projects, EP-1 (wet weather
improvements) and EP-3 (effluent pump station). However, due to efficiencies resulting from
the City's modified WSIP management process and since Archer Western Contractors project
has been executed very smoothly, there are sufficient savings to cover costs of the remaining
construction phase services for EP-1 and EP-3.
Work on the Noland WWTP is proceeding very well, with the Archer Western contract (EP-2)
having reached substantial completion the week of 5 June. EP-1 has been bid; work shall begin
in two weeks. Staff expects that there will be future savings in the Engineering aspects of these
projects as they near completion. The progress we are seeing is a direct result of the excellent
teamwork demonstrated by all of the individuals and agencies involved in this complex project.
This contract is billed on the actual work performed; sufficient funds remain in the contract to
allow for unexpected circumstances that may arise through the remainder of the construction.
BUDGET IMPACT
No change.
Black and Veatch Noland Chg Ordr 2 CCMemo Jun07
AMENDMENT NO. 2
TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
BETWEEN
CITY OF FAYETTEVILLE, ARKANSAS
AND
BLACK AND VEATCH CORPORATION
WHEREAS, On July 15, 2003, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and
Black & Veatch Corporation of Kansas City, Missouri (BLACK & VEATCH) entered into an
Agreement for engineering services in connection with the Wastewater System Improvement Project, and
in particular the Paul R. Noland Wastewater Treatment Plant Improvements - Wet Weather Improvements
- Contract EP-I and Paul R. Noland Wastewater Treatment Plant Miscellaneous Improvements EP-3 (the
"Project"). The scope of these services included the final design and bidding services, and
WHEREAS, BLACK & VEATCH has proceeded with these services in accordance with the scope set
forth in the Agreement, and
WHEREAS, CITY OF FAYETTEVILLE requests that the scope of BLACK & VEATCH 's services to
be amended to provide Construction Phase; Resident Services During Construction; O&M Manual
Preparation; and Post-Construction Phase Services for the Project, and
NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY
OF FAYETTEVILLE and BLACK & VEATCH, the parties hereto, stipulate and agree that the
Agreement for Engineering Services dated July 15, 2003 and Addendum No. 1 dated September 20, 2005,
is hereby amended in the following particulars:
SECTION 2 - BASIC SERVICES OF BLACK & VEATCH .
2.1 Construction Phase
2.l .l Delete APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE attached to
the Agreement and replace with APPENDIX C - SCOPE OF SERVICES FOR
CONSTRUCTION PHASE attached to this Amendment No. 2.
2.2 Post-Construction Phase.
Amendment No 2 - CPS EP-1 EP-3.doc l 135045
Based on: CPS Amendment-Standard.doc received 10/8/2004 Last printed 6/4/2007 5:33 PM
2.2.1 Delete APPENDIX D - SCOPE OF SERVICES FOR POST-CONSTRUCTION PHASE
attached to the Agreement and replace with APPENDIX D - SCOPE OF SERVICES FOR
POST-CONSTRUCTION PHASE attached to this Amendment No. 2.
2.3 Resident Services During Construction
2.3.1 Delete APPENDIX E SCOPE OF SERVICES FOR RESIDENT SERVICES DURING
CONSTRUCTION PHASE attached to the Agreement and replace with APPENDIX E - SCOPE
OF SERVICES FOR RESIDENT PROJECT REPRESENTATIVE SERVICES DURING
CONSTRUCTION PHASE attached to this Amendment No. 2.
2.4 O&M Manual Preparation Phase
2.4.1 See APPENDIX F for O&M MANUAL PREPARATION.
SECTION 3 - ADDITIONAL SERVICES OF BLACK & VEATCH
Add the following tasks to SECTION 3 - ADDITIONAL SERVICES OF BLACK & VEATCH:
3.1 .1 Additional meetings with local, state, or Federal agencies to discuss project.
3.1 .2 Review of drawings and other data submitted by Contractor(s) beyond one resubmission because
of failure of Contractor to account for exceptions previously noted by BLACK & VEATCH.
3.1 .3 Appearances at public hearing meetings or before special boards.
3.1 .4 Supplemental engineering work required to meet the requirements of regulatory or funding
agencies that become effective subsequent to the date of this amendment.
3.1 .5 Special consultants or independent professional associates requested by CITY OF
FAYETTEVILLE.
3.1 .6 Preparation for litigation, or other legal or administrative proceedings; and appearances in court
in connection with change orders or construction incidents.
3.1 .7 Engineering assistance to CITY OF FAYETTEVILLE for and during negotiation meetings.
3.1 .8 Observing factory tests and field retesting of equipment that fails to pass the initial test.
Amendment No 2 - CPS EP-1 EP-3.doc 2 135045
Last printed 6/4/2007 5:33 PM
3.1 .9 Visits to the construction site or to CITY OF FAYETTEVILLE's location in excess of the number
of such trips and the associated time set forth in Appendices C. D, E and F.
3.1 .10 Special reports as requested by CITY OF FAYETTEVILLE concerning facility operation and
personnel matters during the startup period.
3.1 .1 l Where field conditions differ from the conditions indicated in the construction contract
documents or the soil boring logs, preparation of sketches of construction work for approval by
CITY OF FAYETTEVILLE, to supplement the drawings and specifications as may be required;
and providing redesign or relocation information if required by underground obstructions,
utilities, or other conditions.
3.1 .12 Services for making revisions to drawings and specifications made necessary by the acceptance
of substitutions proposed by the Contractor(s); and services after the award of the contract for
evaluating and determining the acceptability of substitutions proposed by the Contractor.
3.1 .13 Additional or extended services during construction made necessary by (1) work damaged by fire
or other cause during construction, (2) a significant amount of defective or neglected work by any
Contractor, (3) acceleration of the progress schedule involving service beyond normal working
hours, (4) prolongation of the construction contract time of any prime construction contract by
more than sixty days, (5) default by any Contractor, and (6) failure of the Contractor to complete
the work within the construction contract time.
3.1 .14 Services resulting from significant delays, changes, or price increases caused directly or indirectly
by shortages of materials, equipment, or energy.
3.1 .15 Special services in connection with partial utilization of any part of the project by CITY OF
FAYETTEVILLE prior to Substantial Completion which require the Resident Project
Representative to work additional hours or require employment of additional onsite personnel.
3.1 .16 Evaluation of unusually complex or unreasonably numerous claims submitted by Contractor(s) or
others in connection with the work.
3.1 .17 Review and analysis of claims for differing subsurface and physical conditions submitted by the
Contractor(s) or others in connection with the work.
3.1 .18 Provide a resident project representative (RPR) and/or individual RPR(s) compensation.
Amendment No 2 - CPS EP-I EP-3.doc 3 135045
Last printed 6/4/2007 5.33 PM
3.l .19 Prepare applications and supporting documents for governmental grants, loans, or advances.
3.l .20 Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such
engineering data as required for any bond prospectus or other financing requirements.
3.1.21 Making revisions in Drawings, Specifications, or other documents when such revisions are:
3.1 .21 .1 Inconsistent with approvals or instructions,previously given by CITY OF
FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF
FAYETTEVILLE's program or Project Budget.
3.1 .21 .2 Required by the enactment or revision of codes, laws, or regulations subsequent to the
preparation of such documents.
3.1 .22 Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor, or by failure of performance of either CITY OF
FAYETTEVILLE or Contractor under the Contract for Construction.
SECTION 4 - CITY OF FAYETTEVILLE'S RESPONSIBILITIES
Add the following tasks to SECTION 4 of Agreement:
CITY OF FAYETTEVILLE will furnish and not at the expense of the BLACK & VEATCH the
following items.
4.13 All maps, drawings, reports, records, manuals, and other data that are available in the files of
CITY OF FAYETTEVILLE and which may be useful in the work involved under this
Amendment.
SECTION 5 - PERIOD OF SERVICE
5.3 The services described in this Amendment are expected to be completed in accordance with the
following schedule:
Construction Phase Services EP-1, Seven months from time of
Resident Project Representative Services Notice to Proceed to Contractor
by the CITY OF FAYETTEVILLE
Construction Phase Services EP-3, Nine months from time of
Resident Project Representative Services Notice to Proceed to Contractor
by the CITY OF FAYETTEVILLE
Amendment No 2 - CPS EP-1 EP-3.doc 4 135045
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O&M Manual Preparation Complete within 30 days of
Contractor's Substantial Completion
Post Construction Phase Services, Within 90 days of Completion of
the one year period of operation
CITY OF FAYETTEVILLE agrees to adjust schedule if the Notice to Proceed is delayed beyond
June 30, 2007.
5.4 The provisions of this Amendment have been agreed to in anticipation of the orderly progress of
construction through completion of the services stated in this Amendment. BLACK & VEATCH
will proceed with providing the authorized services immediately upon receipt of written
authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the
services authorized and the time in which the services are to be completed as defined in this
Amendment.
SECTION 6 - PAYMENTS TO BLACK & VEATCH
6.1 Compensation
For the scope of services set forth in the final design and bidding phase and as may have been amended, ..
plus the Basic Services set forth in this Amendment No. 2, CITY OF FAYETTEVILLE agrees to pay
BLACK & VEATCH the amounts indicated for each phase of the work. A deduction of two hundred
thousand dollars ($200,000) shall be taken from the amount allocated for EP-2 in Amendment No. 1 . The
total payment to BLACK & VEATCH shall not exceed ninety six thousand, eight hundred dollars
($96,800) for Contract EP-1, and one hundred three thousand, two hundred (103,200) for Contract EP-3,.
except as provided for in Section 3 of the Agreement. The net total change to the contract amount shall
be zero dollars ($0.00). The total payment is based on compensation amounts presented in the following
table to the scopes of services set forth in this Amendment No. 2.
Amendment No 2 - CPS EP-1 EP-3.doc 5 135045
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Service Item(s) Amount
Reduction of Amendment No. 1, Contract EP-2 ($2009000.00)
Wet Weather Improvements EP-1
Appendix C — Construction Phase Services $66,300
Appendix D - Post-Construction Services $13,000
Appendix E - Resident Services $167200
Appendix F - Operation & Maintenance Manual $17300
Total Not-to-Exceed Amount EP-1 $961,800
Miscellaneous Improvements EP-3
Appendix C — Construction Phase Services $76,500
Appendix D - Post-Construction Services $13,700
Appendix E - Resident Services $10,000
Appendix F - Operation & Maintenance Manual $2,100
Total Not-to-Exceed Amount EP-3 $1039200
Net Total for EP-1, EP-2, and EP-3 $0.00
Subject to prior City Council approval, adjustment of the compensation may be made should
BLACK & VEATCH 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 amend the duration of work from the time period
specified in the amended Agreement for completion of work and such modification warrants
such adjustment.
Monthly statements for each payroll month shall be submitted to CITY OF FAYETTEVILLE or
such parties as CITY OF FAYETTEVILLE may designate for these services consistent with
BLACK & VEATCH'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 BLACK & VEATCH and approved by CITY OF
Amendment No 2 - CPS EP-1 EP-3.doc 6 135045
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FAYETTEVILLE. Final payment for these services shall-be made upon CITY OF
FAYETTEVILLE's approval and acceptance with the satisfactory completion of this phase for
the Project.
Delete Sections 6.1 .3, 6.1 .4, 6.1 .5 and 6.1 .6 of the Agreement and include the following:
6.1 .3 Construction Phase Services
For the Scope of Services during the Construction Phase described herein, CITY OF
FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $66,300 for EP-1 and
$76,500 for EP-3 unless amended in accordance with Paragraph 6.1 .7.
6.1 .4 Post-Construction Phase Services
For the Scope of Services during the Post-Construction Phase described herein, CITY OF
FAYETTEVILLE shall pay BLACK & VEATCH the sum not to exceed $13,000 for EP-I and
$13,700 for EP-3 unless amended in accordance with Paragraph 6.1 .7.
6.1 .5 Resident Project Representative Services During Construction Phase
For the Scope of Services during the Resident Project Representative Services During
Construction Phase described herein, CITY OF FAYETTEVILLE shall pay BLACK &
VEATCH the sum not to exceed $ 16,200 for EP-1 and $10,000 for EP-3 unless amended in
accordance with Paragraph 6.1 .7.
6.1 .6 O&M Manual Preparation and Training and Startup Services During Construction Phase
For the Scope of Services during the O&M Manual Preparation and Training and Startup
Services During Construction Phase described herein, CITY OF FAYETTEVILLE shall pay the
sum not to exceed $ 1,300 for EP-I and $2,100 for EP-3 unless amended in accordance with
Paragraph 6.1 .7.
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6.1 .7 Additional Services.
For authorized Additional engineering services under Section 3, "Additional Services",
compensation to BLACK & VEATCH shall be negotiated at the time Additional Services are
authorized.
6.1 .8 The CITY OF FAYETTEVILLE agrees that the BLACK & VEATCH's not-to-exceed
upper limit for this Amendment No. 2 is based on the durations indicated in Section 5.3
of this Amendment No. 2 and if the construction period or operation period is extended
that the BLACK & VEATCH shall be entitled to additional compensation.
6.1 .8.1 Hourly billing rates plus reimbursable direct expenses shall be used as the basis for
determining payment to BLACK & VEATCH for the costs incurred by BLACK &
VEATCH while providing the services described in this Amendment No. 2. Costs
include but not limited to the salaries and benefits paid to employees engaged directly
in providing the services and profit. The hourly billing rates are included as
Appendix G to this Amendment.
6.1 .8.2 The following direct expenses are considered reimbursable and are included in the not
to exceed amount.
6.1 .8.2.1 Travel, subsistence, and incidental costs.
6.1 .8.2.2 Use of motor vehicles on a rental basis for assigned vehicles and on a mileage
basis or rental cost basis for vehicles used for short periods. Mileage basis shall
not exceed 48.5 cents per mile.
6.1 .8.2.3 Cost of acquiring any other materials or services specifically for and applicable to
only this project.
6.1 .8.2.4 Subcontract costs times 1 .05.
6.1.8.3 The following direct expenses are also considered reimbursable and are not a part of
the not to exceed amount.
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Charges of special consultants requested by CITY OF FAYETTEVILLE.
6.1 .8.3.2 Special insurance coverage required by CITY OF FAYETTEVILLE.
6.1 .8.3.3 Local taxes or, fees applicable to the engineering work or payments therefore.
6.1 .8.3.4 Cost of acquiring any other materials or services specifically for and applicable to
only this project.
6.1 .8.4 It is understood and agreed that the not to exceed cost is based on the start of the
services being authorized not later than June 30, 2007. If start of services is not
authorized by dates given, it is understood and agreed that the not to exceed cost will
be adjusted accordingly by an amendment to the Agreement.
6.1 .8.5 It is understood and agreed that BLACK & VEATCH shall keep records of costs and
expenses on the basis of generally accepted accounting practice and records shall be
available for inspection at reasonable times.
All other provisions of the original Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this
day of , 20—.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor
ATTEST:
By:
City Clerk
BLACK & VEATCH CORPORATION
By: Michael G. Orth
Title: Associate Vice President
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END OF AMENDMENT NO. 2 TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Amendment No 2 - CPS EP-1 EP-3.doc 10 135045
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CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX C — SCOPE OF SERVICES FOR CONSTRUCTION PHASE
This is Appendix C, consisting of 3 pages, referred to in and part of the Agreement For
Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and
BLACK & VEATCH CORPORATION dated July 15, 2003 and Addendum No. I dated
September 20, 2005.
The following is the Scope of Services for the Construction Phase.
C.1. General
By performing these services, BLACK & VEATCH shall not have authority or
responsibility to supervise, direct, or control the Contractor's work or the Contractor's
means, methods, technique, sequences, or procedures of construction. BLACK &
VEATCH shall not have authority or responsibility for safety precautions and
programs incident to the Contractor's work or for any failure of the Contractors to
comply with laws, regulations, rules, ordinances, codes, or orders applicable to the
Contractor(s) furnishing and performing the work. Specific services to be performed
by BLACK & VEATCH are as follows:
C.2. Management
C.2.1 . BLACK & VEATCH's management functions required to successfully complete
services to be provided under this Agreement, including all project correspondence
with the CITY OF FAYETTEVILLE, supervision and coordination of the services
provided by BLACK & VEATCH including scheduling and assignment of personnel,
invoicing, and continuous monitoring of the progress of the services.
C.3. Office Support Services During Construction
C.3.1 . Receive the Contractor's insurance certificates for review and acceptance by the CITY
OF FAYETTEVILLE's legal counsel.
C.3.2. Review and comment to CITY OF FAYETTEVILLE on the Contractor's initial and
updated construction schedule(s) if requested by CITY OF FAYETTEVILLE. BLACK
& VEATCH's review shall be for general conformity of the to the provisions of the
contract documents, to determine if the Contractor's construction schedule and .activity
sequence include the completion dates, construction sequencing for any special
conditions (such as the ability of the CITY OF FAYETTEVILLE to keep the existing
wastewater treatment plant in operation during construction). BLACK & VEATCH's
Amendment No 2 - CPS EP-1 EP-3.doc Appendix C-1 135045
review shall not include an analysis of Contractor's approach, means and methods of
construction for performing the work specified in the contract documents.
C.3.3. Review and comment to CITY OF FAYETTEVILLE on the Contractor's initial
schedule of values and schedule of estimated monthly payments.
C.3.4. Review guarantees, bonds, and certificates of inspection, and tests and approvals which
are to be assembled by the Contractor(s) in accordance with the construction contract
documents, and transmit them to CITY OF FAYETTEVILLE. BLACK & VEATCH's
review is not a legal review to determine if the Contractor's guarantees and bonds
comply with all applicable requirements of the contract documents.
C.3.5. Review drawings and other data submitted by the Contractor as required by the
construction contract documents. BLACK & VEATCH's review shall be for general
conformity to the construction contract documents and shall not relieve the Contractor
of any of his contractual responsibilities. Such reviews shall not extend to means,
methods, techniques, sequences, or procedures of construction, or to safety precautions
and programs incident hereto. This task does not pertain to review and organization of
manufacturer's O&M manuals, which is described in another task.
C.3.6. Interpret construction contract documents when requested. Requests for
interpretations, clarifications or information shall be in writing through BLACK &
VEATCH. Responses to Contractor shall be through BLACK & VEATCH.
C.3.7. Review Contractor's applications for payment and supporting data, determine the
amounts owed to Contractor, and recommend to CITY OF FAYETTEVILLE, in
writing, approval of all payments to Contractor in accordance with the Contract
Documents. BLACK & VEATCH's review shall be for the purpose of making a full
independent mathematical check of the Contractor's payment request.
C.3.8. Prepare routine Change Orders as required and submit to CITY OF FAYETTEVILLE.
Review CITY OF FAYETTEVILLE or Contractor documentation and prepare any
additional documentation required to administer the processing of change order,
including applications for extension of construction time. Provide opinion to the CITY
OF FAYETTEVILLE of the performance by the parties thereto, and make
recommendations to CITY OF FAYETTEVILLE on claims of CITY OF
FAYETTEVILLE and Contractor(s) relating to the execution and progress of the Work
and other matters and questions related thereto; but BLACK & VEATCH shall not be
liable for the results of any such interpretations, opinions, recommendations, or
decisions rendered by BLACK & VEATCH in good faith.
If required, evaluate the cost and scheduling aspects of all change orders and, where
necessary, negotiate with the Contractor to obtain a fair price for the work. Said
negotiation shall be subject to the approval of CITY OF FAYETTEVILLE. Services
related to unusually complex or unusually numerous claims are considered an
Additional Service.
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1
C.3.9. Provide monthly progress reports to CITY OF FAYETTEVILLE.
C.3.10. Review and make recommendations regarding "or equal" submittals in accordance
with Construction Contract General Conditions.
CA. Field Support Services During Construction
CA.1 . Conduct the preconstruction conference. BLACK & VEATCH shall prepare an agenda
for the conference, and prepare and distribute minutes. The preconstruction conference
will include a discussion of the Contractor's tentative schedule, procedures for
transmittal and review of the Contractor's submittals, processing payment applications,
critical construction sequencing, change orders, record documents, and the Contractor's
responsibilities for safety and first aid.
C.4.2. Conduct a monthly progress meeting with Contractor and prepare and distribute
minutes of the meeting. While on-site, observe progress of the work, and consult with
the Contractor concerning problems and/or progress of the construction. A total of
seven (7) meetings are anticipated for EP-1 and nine (9) meetings for EP-3.
C.4.3. Design team personnel with areas of responsibilities including project management,
electrical, and control and instrumentation will make periodic site visits. These site
visits will be at intervals appropriate to the stages of construction, observe the progress
and quality of the executed Work, and to determine, in general, if the Project is
proceeding in accordance with the Contract Documents. It is anticipated that two (2)
separate onsite visits will be required for EP-I and two (2) for EP-3. The level of
effort is anticipated to require 16 person hours per trip.
C.4.4. Investigate any unforeseen subsurface conditions or unforeseen underground facilities
that may be encountered in accordance with Construction Contract General Conditions.
Submit written conclusions to CITY OF FAYETTEVILLE.
C.4.5. Investigate claims of CITY OF FAYETTEVILLE and the Contractor relating to the
acceptability of the work or the interpretation of the requirements of the construction
contract documents. Submit written conclusions to CITY OF FAYETTEVILLE.
C.4.6. Analyze data from performance testing of equipment by the Contractor or supplier
when the construction contract documents require the equipment to be tested after
installation. Submit written conclusions to CITY OF FAYETTEVILLE.
C.4.7. Conduct a substantial completion inspection of the construction work and prepare a
punch-list of those items to be completed or corrected before final completion of the
project. Submit written results of the inspection to CITY OF FAYETTEVILLE and
the Contractor. It is anticipated that BLACK & VEATCH's project personnel will
require a total of one staff person for one two-day inspection trip for both Contract EP-
I and EP-3.
C.4.8. Conduct a final inspection to determine if the construction is completed. BLACK &
VEATCH shall submit written results to Owner and provide written recommendations
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concerning final payment to Owner, including a list of items, if any, to be completed
prior to making such payment. It is anticipated that the BLACK & VEATCH's project
personnel will require a total of one staff person for one two-day inspection trip for
both Contract EP-I and EP-3.
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CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX D — SCOPE OF SERVICES FOR POST-CONSTRUCTION PHASE
This is Appendix D, consisting of one page, referred to in and part of the Agreement For
Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and
BLACK & VEATCH CORPORATION dated July 15, 2003 and Addendum No. 1 dated
September 20, 2005.
The following is the Scope of Services for the Post-Construction Phase.
D. General
D.I. BLACK & VEATCH agrees to provide the following services after completion of the
project. The project is identified as the Noland WWTP Improvements, Wet Weather
Improvements, Contract EP-1 and Miscellaneous Improvements, Contract EP-3, and
defined in the construction documents prepared by BLACK & VEATCH.
D.I .J . Prepare a Record Set of construction drawings based the construction records
maintained and submitted by Contractor. Record Set of construction drawings shall be
provided in electronic CADD files.
D.2. Consultation
BLACK & VEATCH agrees to make available the services of design team members for
consultation.
D.2.1 . Provide one year performance review and submit written conclusions to CITY OF
FAYETTEVILLE. Prior to expiration of the warranties, meet with the CITY OF
FAYETTEVILLE and conduct an on-site performance review to determine if the
performance provisions of the contract documents have been met. It is anticipated that
that up to 40 hours will be required.
Amendment No 2 - CPS EP-1 EP-3.doc Appendix D-1 135045
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX E — RESIDENT PROJECT REPRESENTATIVE SERVICES DURING
CONSTRUCTION PHASE
This is Appendix E, consisting of 1 page, referred to in and part of the Agreement For
Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and
BLACK & VEATCH dated July 15, 2003 and Addendum No. l dated September 20, 2005.
The following is the Scope of Services for the Resident Project Representative Services During
Construction.
E.1. General
BLACK & VEATCH shall not provide a Resident Project Representative for Contract
EP-1 or EP-3 Noland WWTP Wet Weather Improvements.
E.2. Field Testing Services
E.2.1 . Through a subcontract, conduct, evaluate, and report on test and test analyses for
equipment and materials, including concrete, and soil compaction identified in the
construction contract documents to be performed by OWNER.
Amendment No 2 - CPS EP-1 EP-3.doc Appendix E-1 135045
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX F — SCOPE OF SERVICES FOR O&M
This is Appendix F, consisting of 1 page, referred to in and part of the Agreement For
Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and
BLACK & VEATCH dated July 15, 2003 and Addendum No. 1 dated September 20, 2005.
The following is the Scope of Services for the O&M Manual Preparation.
F.I. OPERATIONS AND MAINTENANCE MANUAL PREPARATION
F.1.1. General
BLACK & VEATCH will review the manufacturer's operation and maintenance
manuals for new facilities being constructed in Contract EP-1 and Contract EP-3.
Specific tasks to be performed by the BLACK & VEATCH to prepare and assemble
the facilities operation and maintenance manual for the wastewater treatment facilities
are as follows:
F.1.2 Operation and Maintenance Manual
(1) The maintenance manual will be comprised of the manufacturer's O&M manuals
submitted under section 01330 of the construction specifications.
(2) Review and organize the manufacturer's the Manufacturer's O&M Manuals.
The final approved manuals will be submitted to the City by the Engineer in the
manufacturer's 3-ring binders and a unique CD-ROM in Adobe Acrobat's
Portable Document Format (PDF). The PDF files will be indexed using the
Table of Contents, searchable with thumbnail generated.
Amendment No 2 - CPS EP-1 EP-3.doc Appendix F-1 135045
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX G - BILLING RATE SCHEDULE
see excel spreadsheet for billing rates table
Amendment No 2 - CPS EP-1 EP-3.doc Appendix G-1 135045
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX G — BILLING RATE SCHEDULE
This is APPENDIX D. consisting of two pages, referred to in and part of the Agreement
For Professional Engineering Services between CITY OF FAYETTEVILLE,
ARKANSAS and BLACK & VEATCH dated July 15, 2003.
Hourly Billing Rate
Job Classification 2007 2008
Principal $217 $225
Project Manager $185 $193
Project Secretary $67 $69
Project Account. $67 $69
Project Engineer $171 $178
Lead Civil Engineer $112 $116
Civil Design Engineer $100 $103
Civil Tech $89 $92
Structural Sr. $161 $167
Structural Engineer $130 $134
Structural Tech $98 $102
Geotech Specialist $151 $156
Architect $123 $127
Architect Tech $95 $98
Architect Drafter $91 $95
Building Mechanical Sr Engr $152 $158
Building Mechanical Engineer $131 $136
Building Mechanical Technician $84 $87
Pump Specialist $178 $185
Process Mech. / Chem Feed Engr $112 $116
Electrical Specialist $159 $165
Electrical Engineer $133 $138
Electrical Technician $112 $116
Electrical Drafting $98 $102
I&C Specialist $154 $160
I&C Engineer $137 $142
Shop Drawings Admin $129 $133
billing rates ep-l.doc Appendix G-1 092804
Shop Drawings Clerical $56 $58
Process Engr - Odor Control $157 $163
Process Engineer - Liq. Trtmt $168 $174
Operations Specialist $147 $153
Operations Process Engr. $137 $142
Engineer - Writer $137 $142
Engineer - Writer / Mfg Manuals $137 $142
Technical Review $137 $142
Graphics $98 $102
Editor / Word Processing / Clerk $74 $76
Estimator $143 $149
Mayor's Approval
CONTRACT REVIEW MEMO
To: Mayor Dan Coody
Fayetteville Sewer Committee
From: David Jurgens, Water & Wastewater Director
Date: 25 May 2007
Subject: Approval of Amendment Number 2 to the Engineering contract with McGoodwin,
Williams, and Yates, Inc., reducing the contract amount by $56,395.00, for Design and
Construction Phase Services of the West Side Wastewater Treatment Plant, Broyles Road, and
the Mitigation Wetlands of the Wastewater System Improvement Project, Subprojects WP-1
through WP-3
RECOMMENDATION
Staff recommends approval of Amendment Number 2 to the Engineering contract with
McGoodwin, Williams, and Yates, Inc., reducing the contract amount by $56,395.00, for Design
and Construction Phase Services of the West Side Wastewater Treatment Plant, Broyles Road,
and the Mitigation Wetlands of the Wastewater System Improvement Project, Subprojects WP-1
through WP-3.
BACKGROUND
This project involves design, construction phase services, and post-construction evaluation
services for the new West Side Wastewater Treatment Plant, Broyles Road, the Broyles Road
water line, and the wetlands mitigation site. The original design contract was awarded in July,
2003; the construction and post construction phase services amendment (Amendment 1) was
approved in June, 2006.
DISCUSSION
This amendment is required in order to reflect reductions and changes in the scope of work as a
result of the City's modified contract management process for the West Side WWTP, Broyles
Road, the Broyles Road water line, and the wetlands mitigation site projects. The amendment
was not executed earlier as the City's project management process, being newly developed for
this project, was not fully defined and the scope of work changes could not be fully identified.
Work on all of the West Side Wastewater is proceeding very well, with all aspects of this project
moving toward a successful substantial completion of May, 2008. Staff expects that there will
be future savings in the Engineering aspects of this project as it nears completion. The incredible
progress we are seeing is a direct result of the excellent teamwork demonstrated by all of the
individuals and agencies involved in this complex project.
This contract is billed on the actual work performed; sufficient funds remain in the contract to
allow for unexpected circumstances that may arise through the remainder of the construction,
during plant startup, and in the period following startup.
BUDGET IMPACT
No change. Funds shall be retained in the WSIP contingency.
MWY West Plant Chg Ordr 2 CCMemo hnO
AMENDMENT NO. 2
TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
BETWEEN
CITY OF FAYETTEVILLE, ARKANSAS
AND
McGOODWIN, WILLIAMS AND YATES, INC.
WHEREAS, on July 15, 2003, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and
McGoodwin, Williams and Yates, Inc. of Fayetteville, Arkansas (MWY) entered into an Agreement for
engineering services in connection with the Wastewater System Improvement Project; and in particular
the Westside Wastewater Treatment Plant, Broyles Road Improvements, Effluent Line, and Wetlands
Mitigation Site on the wastewater treatment plant property (the "Project"). The scope of these services
included the final design and bidding services; and
WHEREAS, MWY has proceeded with these services in accordance with the scope set forth in the
Agreement; and
WHEREAS, the contract provided for three separate construction contract sections consisting of the
Westside Wastewater Treatment Plant, Broyles Road Improvements, and Wetlands Mitigation Site; and
WHEREAS, prior to bidding, the CITY OF FAYETTEVILLE requested that MWY combine the three
contract sections into one contract section; and
WHEREAS, this work was accomplished by MWY at no additional charge to the CITY OF
FAYETTEVILLE; and
WHEREAS, on the 2l' day of June, 2005, the CITY OF FAYETTEVILLE and MWY entered into
Amendment No. 1 providing for Construction and Post-Construction Services for the Project; and
WHEREAS, the CITY OF FAYETTEVILLE prequalified construction contractors determined to be
capable of completing the Project; and
WHEREAS, on July 21, 2005, bids were received for the combined Project; and
WHEREAS, the bids received exceeded the monies appropriated for the Project, and thus were rejected
by the CITY OF FAYETTEVILLE; and
WHEREAS, Final Design and Bidding Services for the Project have been completed; and
WHEREAS, MWY was instructed by the CITY OF FAYETTEVILLE to reformat the Project including
bidding documents for rebidding. The reformatting provides for the bidding of the Westside Wastewater
Treatment Plant and the earthwork required for the Wetlands Mitigation Site. The construction of Broyles
Road Improvements and the planting for the Wetlands Mitigation Site would be bid separately at a later
date; and
WHEREAS, under the authority of Act No. 1989 passed by the Arkansas Legislature in 2005 (Ark. Code
Ann. § 14-58-1001) the CITY OF FAYETTEVILLE determined to negotiate a contract for the
construction of the Westside Wastewater Treatment Plant and the earthwork for Wetlands Mitigation Site;
and
WHEREAS, MWY provided assistance in this negotiation process and a construction contractor was
selected and placed under contract; and
Fy-317 Amendment 2 Page 1
i
WHEREAS, the CITY OF FAYETTEVILLE has eliminated the involvement of a Program Manager and
decided not to utilize RLF funds for the project, thereby eliminating oversight by the Arkansas Natural
Resources Commission (formerly. Arkansas Soil and Water Conservation Commission);
NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY
OF FAYETTEVILLE and MWY, the parties hereto, stipulate and agree that the Agreement for
Engineering Services dated July 15, 2003, and amended on June 21, 2005, is hereby further amended in
the following particulars:
SECTION 2 — BASIC SERVICES OF MWY
2.1.1.3 The scope of management services provided in Appendix B-1 of Contract Amendment No. 1 for
the project is reduced to reflect the elimination of involvement of the independent.Program
Manager, and the oversight of the Arkansas Natural Resources Commission.
2.1.1.4 The scope of Post-Construction Phase Services related to Project Performance in Appendix 13-2 is
reduced to reflect the elimination of involvement of the Arkansas Natural Resources
Commission.
SECTION 3 — ADDITIONAL SERVICES OF MWY
Under this section, MWYwill provide the following Additional Services:
3.1.31 Repackage the Contract Documents for rebidding, or in the alternative, a negotiated contract
excluding the construction of Broyles Road Improvements and the restructuring of the Wetlands
Mitigation Site construction documents.
3.1.32 Repackage the Wetlands Mitigation .project for rebidding to change the scope and contract
document structure.
3.1.33 Assist the CITY OF FAYETTEVILLE in the negotiation of a construction contract for the
Westside Wastewater Treatment Plant with a contractor selected under the authority of Act 1989
of 2005.
3.1.34 Develop a set of conformed plans and specifications for the Westside Wastewater Treatment
Plant and Wetlands Mitigation Site earthwork.
3.1.35 Repackage the Broyles Road Improvements project for rebid at a time consistent with other
ongoing Westside Wastewater Treatment Plant construction.
3.1.36 Rebidding of Broyles Road Improvements project and Wetlands Mitigation Site project.
SECTION 6 — PAYMENTS TO MWY
6.1 Compensation
Replace the text of Section 6.1 of Amendment No. 1 with the following text:
For the scope of services as set forth in the Final Design and Bidding Phase as amended by
Amendment No. 1, plus the Basic Services and Additional Services set forth in this Amendment
No. 2, CITY OF FAYETTEVILLE agrees to pay MWY the amounts indicated for each phase of
the Work. The total payment for the work set out in this amendment to MWY shall not exceed
Four Million Six Hundred Twenty-Four Thousand Two Hundred Forty-Two Dollars
($4,624,242), except as provided for in Section 3 of the Agreement. The total payment is based
Fy-317 Amendment 2 Page 2