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HomeMy WebLinkAbout124-92 RESOLUTION• • RESOLUTION NO. •1 4-92 A RESOLUTION APPROVING A SETTLEMENT OFFER WITH MOTOROLA CORP. IN THE AMOUNT OF $40,668.61 REGARDING THE SCADA SYSTEM FOR LIQUIDATION OF DAMAGES AND APPROVING EXTRA ENGINEERING SERVICES FOR THE PROJECT WITH ETC ENGINEERS IN AN AMOUNT NOT TO EXCEED $36,327.92. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby authorizes execution of a settlement offer with Motorola Corp. in the amount of $40,668.61 regarding the Scads System for liquidation of damages. A copy of the settlement agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the Board of Directors hereby approves extra engineering services for the project with ETC Engineers in an amount not to exceed $36,327.92. PASSED AND APPROVED this 18th day of August , 1992. ATTEST: By ' City Clerk ' ° APPROVED: By: • /'% fr/ Mayor AGENDA REOUEST DATE OF BOARD MEETING August 18th. 1992 FROM: Donald R. Bunn Name Engineering Public Works Division Department BOARD ACTION REQUESTED: Approval of 1) a settlement of liquidated damages with Motorola Corp in the amount of $40,668.61 in connection with the SCADA Proiect, and 2) the approval of a "not to exceed" amount of $36,327.92 for extra engineering services related to the SCADA Proiect. COST TO CITY <S4,340.697 Cost of this Request % Comp1e ed 560, 0 o. to a Budgeted Amount 4151! Z4 • 00 Funds used to date CAPirAL came - cmonte - sEwe e - 6 o Account Name 5,4Qo - 5-1/0 - 53:5- C o 54400 -s'oa a 5115:co Account Number BUDGET REVIEW: X Bu get Coordinator Budgeted Item Budget Adjustment Attached CONTRACT/LEASE/GRANT APPLICATION,RE,VI Accou Assistant City Manager ordinator Ci nal Auditor f f icer STAFF RECOMMENDATION: Staff recommends a settlement of $40,668.61, for liquidated damages on the SCADA Proiect and a "not to exceed" figure of $36,327.92 for extra engineering services. wS4►,r-_ Departm nt Head Admin rvices Director Julv 30th, 1992 De 3 MCAz NMeNaMMN Date Date Date FAYETTEVI I,LE TIE CITY OF FAYETTEVILLE ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Board of Directors/// TMRU: Scott Linebaugh, City Manager SCC Kevin Crosson, Public Works 'rector FROM: City Engineer SUBJECT: A) Resolution of Liquidated Damages SCADA Contract, Motorola Corporation B) Payment for Extra Engineering Services ETC Engineers DATE: July 29, 1992 ITEM A). Motorola Corporation Liquidated Damaaes: In May of 1990 the City of Fayetteville entered into a contract with the Motorola Corporation for the installation of a Supervisory Control and Data Acquisition System (SCADA) in connection with the City's sewage lift stations, water booster stations, and water storage tanks. The contract was for a total of $560,089.00 and had a construction time limit of 130 consecutive calendar days. Subsequent change orders reduced the contract amount to $550,506.00. A Notice to Proceed was given to Motorola on June 22nd, 1990 and the completion date was noted to be October 30th, 1990. The system was essentially in place on or about October 30, 1990 with a required 30 day acceptance test scheduled for the middle of November, 1990. Due to problems in the system, the scheduled 30 day acceptance date was cancelled. Subsequently, on December 4th, 1990 the City informed Motorola that liquidated damages were being charged in accordance with the contract documents as of October 30, 1990 and would continue until such time as the system was completed to the satisfaction of the City. On January 14th, there was a successful walk-through on the project and a 30 day test period was successfully completed after that date. In accordance with a previous agreement, the City stopped charging liquidated damages as of January 14th, 1992. The time period between October 30th, 1990 through June of 1991 consisted of attempts by the Motorola Corporation to make the basic system that they had initially installed to work properly and work 100 percent of the time. During that time period, and up until January of 1992 the system worked at 60 to 80 percent reliability. The City was receiving some beneficial use from the system during that time, however, the system was generally unreliable and certainly was not meeting all of the specifications all of the time. Around June of 1991 the Motorola Corporation suggested some changes in the system which involved reducing the number of repeaters in the system from 2 to 1, a change in the location of the repeater, a re -programming of computers, and other minor changes designed to improve the reliability of the system. All of the changes were incorporated in Change Order No. 3 and approved by ETC Engineers, the City, and the Motorola Corporation. All of the changes were to be made at no additional cost to the City and was so indicated in the change order. The changes as called for in Change Order No. 3 were made and all work was completed in January of 1992 as indicated earlier in this memorandum. The amount of liquidated damages which accumulated from the original contract completion date (October 30th, 1990) through the final completion date of January 14th, 1992 was $112,800.00 based on 376 days at $300.00 per day as recommended by ETC Engineers. In discussing the matter of liquidated damages with the City Attorney, it was felt that it was appropriate that the City ask for damages to the extent that we could document actual monetary damages due to the delays on completion of the system. The actual monetary damages incurred by the City were the expenses by OMI and by City Forces in checking lift stations in the field during that time (as opposed to being able to get the required information from the SCADA System) and the cost of extra engineering inspections and other engineering services performed by ETC Engineers. A summary of those charges are: 1. Extra Engineering Charges $ 36,327.92 2. OMI Charges 2,989.48 3. Water & Sewer Dept Charges 1.351.21 TOTALS $ 40,668.61 In a letter dated May 7th, 1992 the City made an offer to the Motorola Corporation to settle the liquidated damages in the amount of $40,668.61. Motorola has agreed to the settlement offer as suggested by the City. It is the recommendation of the Staff that the Board of Directors approve the settlement offer in the amount of $40,668.61. B). ETC Enaineers, Payment for Extra Services: Our engineering contract with ETC Engineers for services relating to the design of the SCADA System and inspection services during construction was approved in April of 1989. The amount of the contract was a "not to exceed" figure of $90,678.60 which includes an amendment dated June 5th, 1990. We have paid ETC Engineers for engineering services to the extent allowed in the engineering contract. ETC has incurred extra costs associated with the project during the overrun period of nearly a year and a half. The amount of $36,327.92 as shown is the amount they are claiming for that period and that is the amount which served as a basis for our settlement offer to Motorola. The Staff has not, for the purpose of this settlement offer, negotiated any kind of fees with ETC for their extra services. However, we do feel they are entitled to payment for their services during that time period and the Staff is hereby recommending that the Board approve a "not to exceed" amount of $36,327.92 for that purpose. The exact amount of payment to ETC would depend subsequent negotiations. The 1992 Water and Sewer Budget has funds specifically for this project and none of the actions recommended by the Staff will cause an overrun in those budgeted funds. The liquidated damages settlement and the extra engineering cost will result in no net change in the cost of the project. FAYETTE THE CITY OF FAYETTEVILLE, ARKANSAS 1.63 [ DEPARTMENTAL CORRESPONDENCE L'k" . /d?4 _ • • 3' 19 tia (f� �r 1 . �# 7' r,Jl o TO: Scott Linebaugh, City Manager TURD: Kevin Crosson, Public Works Director FROM: City Engineer /0'"'"/j i‘:"--' SUBJECT: Amendment, SCADA Engineering Contract ETC Engineers, Little Rock, Arkansas DATE: September 8, 1992 On August 18th, 1992 the Fayetteville Board of Directors approved a settlement of liquidated damages with the Motorola Corporation. The settlement involved the payment of $40,668.61 to the City which would cover, among other items, the cost of extra engineering incurred by the City of $36,327.92. Attached is an engineering contract amendment submitted by ETC Engineers which increases the engineering fee by the approved amount. I feel that the amount as submitted by ETC is justified and is representative of the amount of time and effort expended on the project since the October of 1990. It is my recommendation that the City execute the contract amendment as submitted. Attachments: Resolution 124-92 Board Agenda Item of 8-18-92 ETC Documentation of Charges Internal Review Sheet • AMENDMENT NO. 2 AGREEMENT FOR ENGINEERING SERVICES FOR LIFT STATION TELEMETRY CITY OF FAYEITEVILLE, ARKANSAS This Amendment No. 2 to the original contract dated April 11, 1989, between the city of Fayetteville, Arkansas and ETC Engineers, Inc., Little Rock, Arkansas, is for the purpose of compensating the Engineer for the additional engineenng services from November 1, 1990, (project completion as per contract) until January 21, 1992, (substantial completion of the project). The following sections of the ongmal contract document is hereby amended as follows: SECTION 5: PAYMENT TO ENGINEERS This is a cost reimbursement type contract. The original budget is increased due to the expansion of scope as described above. The budget is increased as follows: 1. Lift Station Telemetry $36,327.42 Total Budget Increase: $36,327.42 All other stipulations of the original contract remain unchanged. This Amendment Number 2 is agreed to September 5, 1992. Attest: yr sam, aJ City Clerk Attest: CITY OF FAYEI IEVILLE, ARKANSAS ait red S. \'orsan c(4 izan Rahman, President /Hamid Joodi, P.E. Project Engineer • • • • rN6/NEE2/A/6 Cizr4,9cr /7N6rr/ootr5. CONTRACT REVIEW PROJECT: Sc19nn CitJ6/A/=Ei l.tk; roov"724cr ENGINEER: C rc f-'K1C; t 7 -7 -LC ,e&k APieic nApPROVALS: COMMENTS: y 4y ez Acco i g Supervisor Date 3G gall, 9a, ? • 10. Pur��Q, Officer Date I t rnal Auditor Date Z top&yziS-36 X27 9L atil City Attorney Budg Coordinator Date 4-Y-42 Date • INVOICE FOR ENGINEERING SERVICES PROJECT: Construction Management DATE: March 12, 1992 SCADA System CONTRACT NO.: None Dated April 11,1989 TO: Mr. Don Bunn, P.E. City Engineer City of Fayettville 113 West Mountain Fayettville, AR 72701 INVOICE NO.: 92020 PROJECT NO.: 892201 • In accordance with the Owner Engineer Agreement dated:_Aprii 11, 1989 there is due at this time for Engineering services including reimbursable items on the above project, for the period e nding February 29, 1992, the sum of THIRTY SIX THOUSAND THREE HUNDRED TWENTY SEVEN AND 92/100 DOLLARS($36,327.92). CATAGORY TIME SPEN HOURS. RATE AMOUNT Mizan Rahman 6 Hrs. per month for 16 months 128 26.44 $65.00 $8,320.00 H amid Jodi 411.00 $55.00 $22,605.00 N ov. 2, 1990 2 N ov. 6, 1990 4 Nov. 8, 1990 2.50 N ov. 9, 1990 2 N ov. 12, 1990 2 N ov. 14, 1990 3.50 N ov. 22, 1990 11 N ov. 27, 1990 5.50 N ov. 29, 1990 1.50 34.00 Dec. 3, 1990 1 Dec. 11, 1990 2 Dec. 12, 1990 11 Dec. 13, 1990 2 Dec. 14, 1990 3 Dec. 18, 1990 1 20.00 Jan. 1, 1991 4 Jan. 8, 1991 1 Jan. 14, 1991 12 Jan. 21, 1991 12 Jan. 23, 1991 11 Jan. 24, 1991 11 51.00 Feb. 1, 1991 1 Feb. 5, 1991 4 Feb. 6, 1991 12 Feb. 11, 1991 1 Feb. 14, 1991 3 Feb. 15, 1991 2 Feb. 18, 1991 2 • Feb. 19, 1991 5 Feb. 20, 1991 1 Feb. 21, 1991 2 Feb. 27, 1991 2 35.00 Mar. 1, 1991 9 Mar. 4, 1991 2 Mar. 12, 1991 1 Mar. 20, 1991 3 Mar. 21, 1991 2 17.00 Apr . 5, 1991 12 Apr. 11, 1991 1 Apr. 22, 1991 4 Apr. 24, 1991 1 50 18.50 May 2, 1991 1 May 3, 1991 3 May 7, 1991 1 May 10, 1991 2 May 13, 1991 2 May 14, 1991 4 May 15, 1991 1 May 21, 1991 3 May 29, 1991 2 May 30, 1991 11 Mpy 31, 1991 3 33 Jun. 3, 1991 2 Jun. 4, 1991 2 Jun. 5, 1991 10 Jun. 7, 1991 4 Jun. 11, 1991 1 Jun. 13, 1991 3 Jun. 14, 1991 2 Jun. 19, 1991 1 Jun. 21, 1991 2 Jun. 25, 1991 1 Jun. 8, 1991 3 J un. 17, 1991 10 41.00 Aug. 2, 1991 2 Aug. 16, 1991 1 Aug. 26, 1991 3 Aug. 28, 1991 4 Aug. 29, 1991 1 Aug. 30, 1991 2 13.00 Sep. 13, 1991 8 S ep. 16, 1991 3 8.00 Oct. 1, 1991 1 Oct. 2, 1991 3 Oct. 3, 1991 11 Oct. 4, 1991 2 Oct. 13, 1991 9 Oct. 14, 1991 10 Oct. 16, 1991 6 Oct. 17, 1991 2 Oct. 28, 1991 1 Oct. 30, 1991 2 Oct. 31, 1991 11 58 N ov. 4, 1991 1 N ov. 5, 1991 1 • • N ov. 6, 1991 2 Nov. 7, 1991 6 N ov. 8, 1991 1 Nov. 11, 1991 2 Nov. 13, 1991 2 50 Nov. 15, 1991 10 25.50 Dec. 4, 1991 1 Dec. 12. 1991 10 Dec. 20, 1991 2 13 Jan. 21, 1992 4 Jan. 22, 1992 14 Jan. 23, 1992 14 32 Feb. 7, 1992 8 Feb. 12, 1992 1 9 Mark Walter William Andrew Clerical MILLAGE Nov. 21, 1990 Dec. 12, 1990 N an. 14, 1991 Jan. 21, 1991 Jan. 24, 1991 Feb. 6, 1991 Apr. 5, 1991 May 30, 1991 Jun. 5, 1991 Jul. 17, 1991 Sep. 13, 1991 Oct. 3, 1991 Oct. 13, 1991 Oct. 31, 1991 N ov. 151 1991 Dec. 12, 1991 Jan. 21, 1992 10 25 64 400 400 400 400 400 400 400 400 400 400 400 420 425 415 450 400 420 • $55.00 $550.00 $55.00 $1,375.00 $15.00 $960.00 6930 @ $0.23/ $1,593.90 PERDIEM & EXPENSES $424.02 N ov. 21, 1990 Dec. 12, 1990 Jan. 14, 1991 Jan. 21, 1991 Jan. 23, 1991 Feb. 6, 1991 Apr. 5, 1991 May 30, 1991 Jun. 5, 1991 Jul. 17, 1991 Sep. 13, 1991 Oct. 3, 1991 Oct. 14, 1991 Oct. 31, 1991 N ov. 15, 1991 $3.50 $5.50 $10.00 $28.44 $63.51 $12.00 $11.81 $10.43 $5.87 $5.50 $12.00 510.55 $46.64 $11.59 $16.06 • Dec. 12, 1991 $5.55 Jan. 21, 1992 $165.07 OTHER COSTS $500.00 SUBMITTED BY: TOTAL DUE: $36,327.92 PLEASE MAIL REMITTANCE TO: ETC Engineers, Inc. 1510 S. Broadway Little Rock, AR 72202 • • RESOLUTION NO. 14_42 A RESOLUTION APPROVING A SETTLEMENT OFFER WITH MOTOROLA CORP. IN THE AMOUNT OF $40,668.61 REGARDING THE SCADA SYSTEM FOR LIQUIDATION OF DAMAGES AND APPROVING EXTRA ENGINEERING SERVICES FOR THE PROJECT WITH ETC ENGINEERS IN AN AMOUNT NOT TO EXCEED $36,327.92. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby authorizes execution of a settlement offer with Motorola Corp. in the amount of $40,668.61 regarding the Scada System for liquidation of damages. A copy of the settlement agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the Board of Directors hereby approves extra engineering services for the project with ETC Engineers in an amount not to exceed $36,327.92. PASSED AND APPROVED this 18th day of August , 1992. APPROVED: By: dfl/1 e rgrN Mayor ATTEST: By • • • AGENDA REQUEST DATE OF BOARD MEETING Auaust 18th, 1992 FROM: Donald R. Bunn Name Engineering Public Works Division Department BOARD ACTION REQUESTED: Anproval of 1) a settlement of liquidated damages with Motorola Corp in the amount of S40.668.61 in connection with the SCADA Proiect. and 21 the approval of a "not to exceed" amount of $36,327.92 for extra engineering services related to the SCADA Proiect. COST TO CITY <$4,340.697 Cost of this Request % Completed BUDGET REVIEW: \i Bu lr564 oSo.oa Budgeted Amount Afs-fi zee • 0O Funds used to date 69P,r4c c j r6,e - �a c,9olrsiC- 'SE4JER • 6CY Account Name 5400-5900- 53i5.00 64"-,r(oe - S 15:cc Account Number _A__ Budgeted Item Budget Adjustment Attached get Coordinator Assistant City Manager CONTRACT/LEASE/GRANT APPLICATION Accountin uperyisor Cit/ Attorn Purchasing Officer EVI A "Al Bud•e - ordinator nal Auditor STAFF RECOMMENDATION: Staff recommends a settlement of S40.668,61 for liauidated damages on the SCADA Proiect and a "not to exceed" figure of S36.327.92 for extra engineering services. mimmeekip eilMk D Departm nt Head Admin' /f., if OP M rvices Director July 30th. 1992 3 Me Da Date //IDDate ate • • I�AYETTEV"Iir THE CITY OF FAYETTEVRIE. ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Board of Directors/ THRO: Scott Linebaugh, City Manager ,�[C C Kevin Crosson, Public Works 'recto FROM: City Engineer SUBJECT: A) Resolution of Liquidated Damages SCADA Contract, Motorola Corporation B) Payment for Extra Engineering Services ETC Engineers DATE: July 29, 1992 ITEM M. Motorola Concretion Liquidated Damages: In May of 1990 the City of Fayetteville entered into a contract with the Motorola Corporation for the installation of a Supervisory Control and Data Acquisition System (SCADA) in connection with the City's sewage lift stations, water booster stations, and water storage tanks. The contract was for a total of $560,089.00 and had a construction time limit of 130 consecutive calendar days. Subsequent change orders reduced the contract amount to $550,506.00. A Notice to Proceed was given to Motorola on June 22nd, 1990 and the completion date was noted to be October 30th, 1990. The system was essentially in place on or about October 30, 1990 with a required 30 day acceptance test scheduled for the middle of November, 1990. Due to problems in the system, the scheduled 30 day acceptance date was cancelled. Subsequently, on December 4th, 1990 the City informed Motorola that liquidated damages were being charged in accordance with the contract documents as of October 30, 1990 and would continue until such time as the system was completed to the satisfaction of the City. On January 14th, there was a successful walk-through on the project and a 30 day test period was successfully completed after that date. In accordance with a previous agreement, the City stopped charging liquidated damages as of January 14th, 1992. The time period between October 30th, 1990 through June of 1991 consisted of attempts by the Motorola Corporation to make the basic system that they had initially installed to work properly and work 100 percent of the time. During that time period, and up until January of 1992 the system worked at 60 to 80 percent reliability. • • • • • The City was receiving some beneficial use from the system during that time, however, the system was generally unreliable and certainly was not meeting all of the specifications all of the time. Around June changes in the repeaters in the the repeater, a changes designed the changes were by ETC Engineers the changes were was so indicated of 1991 the Motorola Corporation suggested some system which involved reducing the number of system from 2 to 1, a change in the location of re -programming of computers, and other minor to improve the reliability of the system. All of incorporated in Change Order No. 3 and approved , the City, and the Motorola Corporation. All of to be made at no additional cost to the City and in the change order. The changes as called for in Change Order No. 3 were made and all work was completed in January of 1992 as indicated earlier in this memorandum. The amount of liquidated damages which accumulated from the original contract completion date (October 30th, 1990) through the final completion date of January 14th, 1992 was $112,800.00 bas$d on 376 days it $300.00 per day as recommended by ETC Engineers. In discussing the matter of liquidated damages with the City Attorney, it was felt that it was appropriate that the City ask for damages to the extent that we could document actual monetary damages due to the delays on completion of the system. The actual monetary damages incurred by the City were the expenses by OMI and by City Forces in checking lift stations in the field during that time (as opposed to being able to get the required information from the SCADA System) and the cost of extra engineering inspections and other engineering services performed by ETC Engineers. A summary of those charges are: 1. Extra Engineering Charges $ 36,327.92 2. OMI Charges 2,989.48 3. Water & Sewer Dept Charges 1.351.21 TOTALS $ 40,668.61 In a letter dated May 7th, 1992 the City made an offer to the Motorola Corporation to settle the liquidated damages in the amount of $40,668.61. Motorola has agreed to the settlement offer as suggested by the City. It is the recommendation of the Staff that the Board of Directors approve the settlement offer in the amount of $40,668.61. • • • Hl. ETC Engineers. Payment for Extra Services: Our engineering contract with ETC Engineers for services relating to the design of the SCADA System and inspection services during construction was approved in April of 1989. The amount of the contract was a "not to exceed" figure of $90,678.60 which includes an amendment dated June 5th, 1990. We have paid ETC Engineers for engineering services to the extent allowed in the engineering contract. ETC has incurred extra costs associated with the project during the overrun period of nearly a year and a half. The amount of $36,327.92 as shown is the amount they are claiming for that period and that is the amount which served as a basis for our settlement offer to Motorola. The Staff has not, for the purpose of this settlement offer, negotiated any kind of fees with ETC for their extra services. However, we do feel they are entitled to payment for their services during that time period and the Staff is hereby recommending that the Board approve a "not to exceed" amount of $36,327.92 for that purpose. The exact amount of payment to ETC would depend subsequent negotiations. The 1992 Water and Sewer Budget has funds specifically f&r this project and none of the actions recommended by the Staff will cause an' overrun in those budgeted funds. The liquidated damages settlement and the extra engineering cost will result in no net change in the cost of the project.