HomeMy WebLinkAbout84-96 RESOLUTION• •
RESOLUTION NO. 84-96
A RESOLUTION AWARDING AN ENGINEERING
CONTRACT IN THE AMOUNT OF $29,725, WITH A 10%
CONTINGENCY AMOUNT OF $3,000, TO MCGOODWIN,
WILLIAMS & YATES, INC., FOR THE FOX HUNTER ROAD
SEWER TRANSMISSION LINE REPLACEMENT PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The City Council hereby approves an engineering contract in the amount
of $29,725, with a 10% contingency amount of $3,000, to McGoodwin, Williams & Yates, Inc.,
for the Fox Hunter Road sewer transmission Ime replacement project; and authorizes the Mayor
and City to execute same. A copy of the contract is attached hereto marked Exhibit "A" and
made a part hereof.
PASSED AND APPROVED this 16th day of July , 1996.
ATTEST:
By:
Qat
Traci Paul, City Clerk
APPROVED:
By:
red Hanna, Mayor
• •
EXHIBIT A
AGREEMENT FOR ENGINEERING SERVICES
REPLACEMENT OF 14" SEWER LINE
THIS AGREEMENT, entered into this /6fh day of Scaby
1995, by and between the City of Fayetteville, Arkansas, hereinafter referred to as
the "Owner," and the engineering firm of McGoodwin, Williams and Yates, Inc., of
Fayetteville, Arkansas, hereinafter referred to as the "Engineer,"
WITNESSETH THAT:
WHEREAS, the Owner owns and operates the sewage collection system
serving the citizens of Fayetteville; and
WHEREAS, the Owner wishes to replace a certain section of 14" gravity
pressure sewer; and
WHEREAS, the Owner further wishes to employ the Engineer to provide
engineering services through design, preparation of plans and specifications, and
construction of this sewer replacement project;
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Owner and the Engineer, the parties hereto, stipulate and
agree that the Owner does hereby employ the Engineer to perform the required
engineering services as hereinafter set out and the Engineer agrees to provide said
services.
Section I. Scope of Project
The project as contemplated by the Owner consists of the replacement of
approximately 3,600 L.F. of 14" diameter DIP gravity pressure sewer along Fox
Hunter Road.
•
Section II. Scope of Engineering Services
The Engineer shall provide a suitable engineering staff to complete the
necessary field surveys, to perform detailed design, to prepare plans and
specifications, to provide needed services during construction of the project, and to
provide other services as may be directed by the Owner. The staff shall consist of
engineers, engineering technicians, inspectors and other assistants as may be
necessary to carry on the work in an efficient and expeditious manner.
Fy-260 S/L - 1
• •
The Engineer will provide the following services:
A. Design and Preparation of Construction Plans and Specifications
1. Perform any field surveys required for preliminary and
final design and prepare easement documents required for
construction of the project.
2. Prepare final design for the project.
3. Prepare construction specifications and drawings.
4. Based upon final plans and specifications, prepare cost estimates
of the authorized construction. It is understood and agreed that
these cost estimates will be prepared for planning and budgeting
purposes only and that actual bids received for the construction
work may exceed the estimated cost.
5. Establish the scope of any geotechnical investigations, special
surveys, or testing which, in his opinion, may be required for
design and arrange with the Owner the conduct of such
investigations and tests (costs of such tests to be borne by the
Owner).
6. Furnish to the Owner, where required by the circumstances of
the assignment, the engineering data (including construction
plans and specifications) necessary for applications for routine
permits and approvals by local, state and federal authorities.
B. Bidding and Preconstruction Services
The Engineer will prepare and distribute advertisements for bids,
communicate with bidders as required, provide technical interpretation of
the plans and specifications, prepare addenda as required, attend the
bid opening, tabulate bids, provide an engineering analysis of the bids
received, make recommendations concerning award of construction
contract(s) and assist in the preparation of contract documents Bid
tabulations and supporting documents will be prepared and submitted to
the Owner.
Fy-260 S/L - 2
• •
Construction Services
1. Attend a preconstruction conference scheduled by Owner. At the
time of the preconstruction conference, Notices to Proceed will be
issued
2. Furnish professional engineers to make periodic visits to the site
(as distinguished from the services of a resident Project
Representative) to observe the progress and quality of the
executed work and to determine in general if the work is
proceeding in accordance with the contract documents.
In performing these services, the Engineer will endeavor to
protect the Owner against defects and deficiencies in the work of
the contractor; but he cannot guarantee the performance of the
contractor, nor be responsible for the actual supervision of
construction operations or for the safety measures that the
contractor takes or should take.
3. Furnish the services of resident Project Representatives and
other field personnel for on -the -site observation of construction,
as required, and for the performance of required construction
layout surveys. The authority and duties of such resident Project
Representatives are limited to examining the material furnished
and observing the work done and to reporting their findings to the
Engineer.
The Engineer will use the usual degree of care and prudent
judgment in the selection of competent Project Representatives,
and the Engineer will use diligence to see that the Project
Representatives are on the job to perform their required duties.
The required construction layout surveys will include the
establishment of baselines for locating the work, with a suitable
number of bench marks for site elevation references as
shown in the plans and specifications.
4. Consult with and advise the Owner; issue all instructions to the
contractor requested by the Owner; and prepare routine change
orders as required.
Fy-260 S/L - 3
•
• •
5. Review samples, catalog data, schedules, shop drawings,
laboratory, shop and mill tests of material and equipment and
other data which the contractor submits.
This review is for the benefit of the Owner to insure general
conformance with the design concept of the project and general
compliance by the contractor with the information given in the
contract documents. It does not relieve the contractor of any
responsibility such as dimensions to be confirmed and correlated
at the job site, appropriate safety measures to protect workers
and the public, or the necessity to construct a complete and
workable facility in accordance with the contract documents.
6. Prepare and verify monthly and final estimates for payments to
the contractor and furnish to the Owner any necessary
certifications as to payments to contractors and suppliers;
assemble written guarantees which are required by the contract
documents.
7. Attend, in company with the Owner's representative, a final
inspection of the project. This inspection will be for conformance
with the design concept of the project and compliance with the
contract documents. Approve in writing final payment to the
contractor.
8. Furnish to the Owner a reproducible copy of the record drawings
for the project.
D. Additional Services
The Engineer will provide other services not specifically set out under
the above scope of work, if required, and as directed by the Owner and
mutually agreed to by the Engineer.
Fy-260 S/L - 4
•
• •
Section III. Payment
In consideration of the performance of the foregoing services by the Engineer,
the Owner shall pay to the Engineer as full compensation for such services the
amounts as hereinafter set out.
A. For work set out under Section II -A, "Design and Preparation of
Construction Plans and Specifications," compensation shall be a lump
sum fee of $17,375. Payment shall be made in the total amount upon
completion of work under this section.
B. For engineering services during the bidding and preconstruction phase
(Section II -B), a lump sum fee of $3,250. This fee covers engineering
services through preparation of construction contracts and shall be due
and payable when construction contracts are ready for execution.
C. For construction services as set out in Section II -C, and for any
additional services required under Section II -D, compensation to the
Engineer shall be paid on an hourly basis in accordance with the rates
set out in the attachment hereto, plus reimbursable expenses.
Hourly rates will be adjusted annually on January 1.
The Engineer agrees to keep an accurate record of the hours of the
various classifications of personnel working on the project. Statements
shall be submitted monthly and shall include all costs accrued. Based
on a construction period of 30 days, fees for this phase of the work will
not exceed $9,100 without further authorization from the Owner.
The Engineer will also be compensated under this paragraph for any
additional time incurred due to default by contractors, litigation, or other
cause not normally anticipated.
Expenses for which the Engineer will be reimbursed shall include travel
expenses when traveling outside Northwest Arkansas in connection with
the project, rental expenses for special equipment needed for
completion of the work, purchase of material, permit fees, and other
expenses directly attributable to the project, including any work
performed by subcontractors. The Engineer shall charge the Owner for
reimbursable expenses at actual cost plus ten percent (10%).
Payment for engineering services under this agreement shall be made within
30 days after claim submittal by the Engineer.
Fy-260 S/l. - 5
•
• •
Section IV. Owner's Responsibilities
In connection with the project, the Owner's responsibilities shall include, but
not be limited to, the following:
A. Giving thorough consideration to all documents presented by the
Engineer and informing the Engineer of all decisions within a
reasonable time so as not to delay the work of the Engineer.
B. Making provision for the employees of the Engineer to enter public and
private lands as required for the Engineer to perform necessary surveys
and investigations.
C. Obtaining the necessary lands, easements and rights-of-way for the
construction of the work. All costs associated with securing the
necessary land interests, including surveys, appraisals and abstract
work, shall be borne by the Owner.
D. Furnishing the Engineer such plans and records of construction and
operation of existing facilities, or copies of same, bearing on the
proposed work as may be in the possession of the Owner. Such
documents or data will be returned upon completion of the work or at
the request of the Owner.
Paying the costs of making necessary soundings, borings, analyses of
materials and laboratory work.
F. Paying all plan review costs and all cost of advertising in connection
with the project.
G. Providing legal, accounting and insurance counseling services
necessary for the project, legal review of the construction contract
documents and such auditing services as the Owner may require.
H. Furnishing permits and approvals from all governmental authorities
having jurisdiction over the project and others as may be necessary for
completion of the project.
I. Obtaining construction bids from contractors for work relating to the
project and bearing all costs relating thereto.
Fy-260 S/L - 6
• •
J. Giving prompt written notice to the Engineer whenever the Owner
observes or otherwise becomes aware of any defect in the project or
other event which may substantially alter the Engineer's performance
under this Agreement.
Section V. Documents
All drawings, specifications and documents prepared by the Engineer under
this contract shall become the property of the Owner, to be used by the Owner for
construction purposes, upon payment of the consideration due the Engineer
hereunder. The Owner shall not be restricted in his subsequent use of said
documents.
However, reuse of any of these documents by the Owner on extensions of this
project or on any other project without the written permission of the Engineer shall be
at the Owner's risk; and the Owner agrees to defend, indemnify, and hold harmless
the Engineer from all claims, damages, and expenses, including attorneys' fees,
arising out of such unauthorized reuse of the documents prepared by the Engineer
under this contract by the Owner or by others acting through the Owner.
•
Fy-260 S/L - 7
•
• •
THIS AGREEMENT shall be binding upon the parties hereto, their partners,
heirs, successors, administrators and assigns; and neither party shall assign, sublet
or transfer his interest in this agreement without the prior written consent of the other
party hereto.
IN WITNESS WHEREOF, the Owner has caused these presents to be
executed in its behalf by its duly authorized representatives, and the said Engineer
by its duly authorized representatives, and the parties hereto have set their hands
and seals on the date heretofore set out.
Attest:
•
Attest:
CITY OF FAYETTEVILLE, ARKANSAS
Fred Hanna, Mayor
McGOODWIN, WILLIAMS AND YATES, INC.
erl Yates, Presi
(Silt, P
Charles R. Nickle
Vice President
Fy-260 S/L - 8
•
•
SCHEDULE OF CLASSIFICATIONS AND RATES FOR 1996
Classification
Engineer 5
Engineer 4
Engineer 3
Engineer 2
Engineer 1
Adm. Assistant
Architect 2
Architect 1
Technician 5
Technician 4
Technician 3
Technician 2
Technician 1
Clerical 2
Clerical 1
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
Fayetteville, Arkansas
January 4, 1996
Hourly Rate
$108.50
93.00
78.50
52.00
45.50
$ 66.00
$ 66.50
55.00
$ 62 00
55.00
43.00
34.50
26.50
$ 51.50
30.00
• MICROFILMED
STAFF REVIEW FORM
AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of
Mayor's Approval Only
FROM:
Sid Norbash J�
Name
Engineering
Division
Public Works
Department
ACTION REQUIRED:
Approval of the Engineering contract, Amendment Number 1 for Fox Hunter Rd. -
Sewer Transmission Line Replacement Project with McGoodwin, Williams, and
Yates, Inc. in the amount of $11,118.38.
COST TO CITY:
$11,118.38
Cost of this Request
4470-9470-5815-00
Account Number
96037
Project Number
$9,659.38 Liq. Damag. from
$32,725.00
Category/Project Budget
$29,725.00
Funds Used To Date
$12,659.38
Remaining Balance
Edwards Const.
Fox Hunter- Sewer Line
Category/Project Name
Capital Sewer Mains
Program Name
Sales Tax Fund
Fund
BUD T R� EW:
X Budgeted Item Budget Adjustment Attached
Bu get oordinator
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
k) idesz
Purchasing Officer
//-/)-9%
GRANTING AGENCY:
Date ADA Coordinat
1/12
Date I1% ernal Auditor
11-19.20t1
Date
Date
//aa- 77
STAFF RECOMMENDATION:
Approval of A endment Number 1
/1-12-97
Date
13N0A7
Date
Division Head
De
T6Nh
bartment Director
at,
Administ
vices Director
Mayo
147
Da e
//,3/97
Date
Cross Reference
New Item • Yes_ No X
Prev Ord/Res #:
Orig Contract Date:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Charles Venable, Asst. Public Works Director
Thru: Don Bunn, City Engineer at -
From: Sid Norbash, Staff Engineer
Date: November 10, 1997
Re: Fox Hunter Rd. - Sewer Transmission Repmlt.
The above referenced project is now completed. The construction
contract has been closed out.
The contractor, Edwards Construction and Design, Inc. was assessed
liquidated damages in the amount of $9,659.38, to cover the extra
engineering fees charged to the City by McGoodwin, Williams, and
Yates.
There were some additional charges from McGoodwin in the amount of
$1,459.00 that was not caused by the contractor. These charges
occurred for extra work due to mislocations of the existing lines
in the field, and the subsequent changes that were necessitated as
the result.
Three copies of the amendment number one are attached for Mayor's
approval. This will finalize this project.
SN/sn
attachments
at
RESOLUTION NO. 84-96
A RESOLUTION AWARDING AN ENGINEERING
CONTRACT IN THE AMOUNT OF $29,725, WITH A 10%
CONTINGENCY AMOUNT OF $3,000, TO MCGOODWIN,
WILLIAMS & YATES, INC., FOR THE FOX HUNTER ROAD
SEWER TRANSMISSION LINE REPLACEMENT PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The City Council hereby approves an engineering contract in the amount
of $29,725, with a 10% contingency amount of $3,000, to McGoodwin, Williams & Yates, Inc.,
for the Fox Hunter Road sewer transmission line replacement project; and authorizes the Mayor
and City to execute same. A copy of the contract is attached hereto marked Exhibit "A" and
made a part hereof.
PASSED AND APPROVED this 16th day of July , 1996.
APPROVED:
By: /
red Hanna, Mayor
•
rwmhrs,na
PARTIAL PAYMENT ESTIMATE
GRAVITY PRESSURE SEWER REPLACEMENT
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
From: 06 -Jun -97 To: 16 -Oct -97 Estimate No.4 - FINAL
Plans No. Fy-260
Contract Amount: $182,471.48 Owner: City of Fayetteville
Contract Dated: 03 -Doc -96 115 West Mountain Street
Fayetteville, AR 72701
Notice to Proceed Date: 24 -Feb -97 Contractor: Edwards Design 8 Construction, Inc.
Substantial Completion Date: 27 -Mar -97 P. O. Box 1549
Contract Completion Date: 11 -Apr -97 Springdale, AR 72765
0044240397
Item.t"tf e.«/ egMt .: r ";tiT..--. ,;"i i•t�i7. tlJ' (, link :;• Cent p»bdes. CoapM6d't .I.,r• Tbbl40/.- ::: -.Amount
•
•. Pr1c. Prfnoua tial' .. This Est. '1 i. ' Completed .. "b' dDue
'1. 3,288 L.F., 18- Diameter C905 PVC Pipe 36.00 3,288 - 3288 118,368.00
'2. 270 L.F., 18" Diameter C905 PVC Pipe 63.00 270 - 270 17,010.00
3. Lump Sum, Crushed Stone Trench Backfill/Double Chip Seal of Street 5,460.00 * 100% 0% 100% 5,460.00
4. Lump Sum, Const., Maint., Remov. of Temp. Gray. Press. Swr Bypass 6,969.00 100% 0% 100% 6.969.00
5. Lump Sum, Tie -In 18" Gravity Pressure Sewer 18,950.00 * 100% 0% 100% 18,950.00
'6. 45 L.F., Nonreinforced Concrete 25.00 45 - 45 1,125.00
7. Lump Sum, Trench or Excavation Safety System 8,450.00 100% 0% 100% 8,450.00
8. Lump Sum, 24' CMP Installation 2,882.50 1 100% 1882.50
7. Lump Sum, Purchase and Deliver to City - 180 L.F. 14' DIP 3,256.98 100% 0% 100% 3,256.98
SUB -TOTAL. CONSTRUCTION
1) >>
182,471.48
(Page
• Change Order No. 1 - Increase $11,008./8 Cost of Work to Date 182,471.48
Liquidated Damages " 9,659.38
^ Contactor acknowledges that $ 9,059.38's hereby forfeited to the City o4 FayeteNlle, Difference 172,812.10
as liquidated damages, based on negotiated 10.3 day delinquency on project completion, Plus Materials Stored 0.00
therefore, the City has ra furrier claim against the contractor.. Subtotal 172,812,10
The usual one year warranty of work will be in effect until June 8, 1008. Less Previous Payments
171,514.35
YK
awn':
Balance Due This Estimate
14
y
'1',297:75
.1'297.75
Percent of Contact Completed —> 100.0090.
Percent of Contract lime Used—> 754.84% Recommended::M.ccooddwln, Williams 8, Yates, Inc.
(L4-11
.r
al
By.
Roque -nod: Edward. Design
& Construction, Inc. Richard Cantrell,Project Manager
•
/
C/ 97
Labor Standards Compliance
Date: �"T/
l"
I hereby certify that all d the contract requirement
as specified under the labs standards have been complied with
by Edwards Design
and by each subcontractor
she ort
the work or
& Construction,
are is
Inc. as pincipal contractor Approved: City of Fayetteville
employing mechanics a ilaborers at to /-, /
a substantial dispute with respect By: �L �/
to to required tI011a.
11 / �y
o'�� � s -S r - Date: 1 02 ,3/ 9 /
Signature an
Its
Date:
P.o-di- 5o
Kc,
Pro:). 5 (4, 3 -7 00 20
Telephone 501/443-3404
McGoodwin,. Williams and Yates, Inc.
Consulting Engineers
909 Rolling Hills Drive
Fayetteville, Arkansas 72703
November 4, 1997
Re: Replacement of 14 -Inch Sewer Line
Along Fox Hunter Road
MWY Project No. Fy-260
Mr. Sid Norbash
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Dear Sid:
NOV t76;R?
FAX 501/4434340
We are enclosing Engineering Statement No. 5 (Final) along with an amendment
to our engineering contract to provide for the additional engineering services required
during the construction phase of the above project The amendment provides for a
change in the not to -exceed fee from the original amount of $9,100.00 to a revised total
of $20,218.38, for an increase of $11,118.38.
As you are aware, Edwards Design and Construction has agreed to pay
$9,659 38 as liquidated damages for overruns in the construction period. The
remaining balance of $1,459.00 is for additional engineering services required after
design but prior to construction. The additional time spent was due to mislocations
of the existing underground sewers which were eventually uncovered by the City,
resulting in field changes to the alignment and grade of the proposed sewer line.
Some time was also spent with you, Ed Connell, and affected property owners in
obtaining the necessary right-of-way to construct the project.
We trust this amendment and final statement meet with your approval. If any
additional information is required, please let us know Plans of record have been
completed and will be forwarded within the next few days. The processing of this
amendment and final statement, then, should close out the project. We appreciate
the opportunity to work with you and Don on this job.
CRN:hk
Enclosures
Cordially yours,
Charles R. Nickle, P E
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
909 Rolling Hills Drive
Fayetteville, Arkansas 72703
Telephone 501/443-3404 FAX 501/443.4340
November 4, 1997
To:
For:
ENGINEERING STATEMENT NO. 5 (Final)
City of Fayetteville, Arkansas
Engineering Services, Replacement of 14" Sewer Line along
Fox Hunter Road (in accordance with Agreement for
Engineering Services dated July 16, 1996 and Amendment
No. 1 thereto), Additional Services Required in Connection
with Mislocations of Underground Utilities and Right -of -Way
Issues; MWY Project No. Fy-260.
**************************************************************
Employee Hours (12/02/96-12/29/96)
Technician
Technician
Technician
Clerical 2
5 (14.5 @ $62.00)
2 (8.0 @ $34.50)
1 (1.0 @ $26.50)
(5.0 @ $51.50)
Total Due This Statement
$899.00
276.00
26.50
257.50
Respectfully submitted,
$1,459.00
ECEn°✓/ED
NOV 0 6 1997,
14 -INCH SEWER LINE REPLACEMENT
March 31, 1997 at 5:16 p.m.
Payroll Begin Date
9626 12/02/96
9627 12/16/96
Subtotal: 2 recs.
Job No.
FY0260
FY0260
CANTRELL
Name
Cantrell
Cantrell
4
Page 1
Class Hours
DN
MG
9.00
9.50f`F'S
9626 12/02/96
9627 12/16/96
Subtotal: 2 recs.
FY0260
FY0260
COLLINS
Collins
Collins
CL
CL
1.25
3.75
5.00
9626 12/02/96
9627 12/16/96
Subtotal: 2 recs.
FY0260
FY0260
COUCH
Couch
Couch
DR
DP.
7.00
1.00
8.00
9626 12/02/96
Subtotal: 1 recs.
FY0260
FRANCO
Franco
SV
1.00
1.00
9627 7.2-/.16/"
Subtotal: 1 recs.
FY0260
MOORE
Moor
CL
.50
0.50
16
-0627 12/16/9G
Subtotal: 2 recs.
FY0260
rY02G0
NICKLE
Nicklc
Nickle
MG
MC
1.00
2.00
3.00
TOTALS: Hours
36.00
Printed 10 of the 68,347 records.
AMENDMENT NO. 1 TO
AGREEMENT FOR ENGINEERING SERVICES
REPLACEMENT OF 14' SEWER LINE
WHEREAS, on July 16, 1996, the City of Fayetteville, Arkansas (Owner) and the
engineering firm of McGoodwin, Williams and Yates, Inc. (Engineer), entered into an
agreement to provide for engineering services in connection with replacement of a section
of 14" diameter DIP gravity pressure sewer along Fox Hunter Road; and
WHEREAS, due to the contractor's overrun of the time provided for construction
of the project and the addition of certain unanticipated work, it has become necessary to
amend this agreement to increase the not -to -exceed fee for construction services;
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Owner and the Engineer stipulate and agree that the "Agreement
for Engineering Services - Replacement of 14" Sewer Line" dated July 16, 1996, is hereby
amended in the following particulars:
Paragraph C under Section III, "Payment," is amended to increase the
not -to -exceed fee of $9,100.00 for construction services by $11,118.38
for a total fee of $20,218.38.
All other provisions of the original contract remain in full force and effect.
IN WITNESS WHEREOF, the Owner has caused these presents to be
executed in its behalf by its duly authorized representatives, and the said Engineer
by its duly authorized representatives, and the parties hereto have set their hands
and seals this stgfraz /37.7( day of Nooe%n4 et , 1997.
Attest:
74„,„ 7Q„L
Traci Paul, City Clerk
Attest:
CITY OF FAYETTEVILLE, ARKANSAS
a1/ o/
Fred ann
McGOODWIN, WILLIAMS AND YATES
Charles R. Nickle, Vice President
Carl Yates,' j dent