HomeMy WebLinkAbout40-99 RESOLUTION•
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RESOLUTION NO I, o - 9_9
A RESOLUTION APPROVING ENGINEERING CONTRACT
AMENDMENT NO. 3 WITH McGOODWIN, WILLIAMS, &
YATES, IN THE AMOUNT OF $58,793.75 TO PROVIDE FOR
EXTRA COMPENSATION FOR SERVICE PROVIDED ON THE
WHITE RIVER WATER SYSTEM.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYET7'EVILLE,
ARKANSAS:
Section 1 That the City Council hereby approves engineering contract Amendment No.
3 with McGoodwin, Williams, & Yates, in the amount of $58,793.75, to provide for extra
compensation for service provided on the White River Water System; and authorizes the Mayor and
City Clerk to execute said contract amendment. A copy of the contract amendment is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 73t day of March , 1999.
ATTEST:
Heather Woodruff, City Cle
APPROVED./ .
4/40/A1414
By.
Fred Hanna, Mayor
AMENDMENT NO. 3
TO
AGREEMENT FOR ENGINEERING SERVICES
WATER SYSTEM IMPROVEMENTS
CITY OF FAYETTEVILLE, ARKANSAS
WHEREAS, on February 1, 19971 the City of Fayetteville (the Owner) entered into
an agreement with McGoodwin, Williams and Yates, Inc. (the Engineer), to provide
engineering services in connection with the necessary facilities to allow the Owner to
supply water to the recently acquired White River System from Fayetteville's system and
those facilities required to upgrade the Highway 45 East portion of Fayetteville's system;
and
WHEREAS, additional engineering time was spent at the request of the Owner for
revisions, reroutes, easement rewrites, boundary surveys, land owner negotiations, and
the bidding phase of the project, as well as inspection time, and
WHEREAS, the construction contract time was extended from 120 calendar days
to 160 calendar days by change orders agreed to by the Owner, with no provision at that
time to increase the cost ceiling on the existing engineering contract; and
WHEREAS, the original agreement provides for additional work to be performed
at the direction of the Owner and compensated for on the basis of cost plus a fixed fee;
and
WHEREAS, the actual reimbursable expenses in the project were $3,594.80 out
of a not -to -exceed contract amount of $10,000.00;
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Owner and Engineer, the parties hereto, stipulate and agree that
the not -to -exceed contract amount for reimbursable expenses is hereby reduced by
$6,405.20; and the not -to -exceed contract amount for engineering services based on
actual time required to perform the work is increased by $58,793.75. The new total
not -to -exceed contract amount including reimbursables is $176,937.55.
All other provisions of the original Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Owner has caused these presents to be executed
in its behalf by its duly authorized representatives, and the said Engineer by its duly
authorized representatives,and the parties hereto have set their hands and seals this
_cog_ day of 11999.
CITY OF AYE EVILLE, ARKANSAS
Attest:
‘022,z-
eather Inman Woodruff, City
Attest:
rie(Alt-f kf\.AtJu_
Charles R. Nickle, Vice -President
Fred evia, Mayor
McGOODWIN, WILLIAMS AND YATES, INC.
coc2AL
FAYETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Don Bunn, Assistant Public Works Director
From: Heather Woodruff, City Clerk
Date: March 31, 1999
Attached is a copy of resolution approving amendment number three to the contract with
McGoodwin, Williams, and Yates on the White River Water System. 1 am also returning two
originals for you to distribute. The original will be microfilmed and filed with the city clerk.
cc. Internal Auditor
file
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AGENDA REQUEST FORM
Res 40 -em
ir 7 in P -A..
XX AGENDA REQUEST, City Council meeting of March 16, 1999
FROM: Don Bunn
Name
ACTION REQUIRED:
COST TO CITY:
$ 58,793.75
Cost -This Request
5400-5600-5808 00
Account Number
96055
Project Number
Public Works Admin Public Works
Division Department
Approval of Amendment No. ,10: -.27 -"to an engineering
contract with McGoodwin, Williams, and Yates to provide
for extra compensation in the amount of $581793.63.
$ 72,474.00 White River Aco. & Imp
Category/Project Budget Category/Project Name
Funds Used To Date Program Name
$ 721474.00 Water and Sewer
Funds Remaining Fund Category
1
GET/CONTRACT REVIEW:
ge Coordinator
Accou
City Atto
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Purchasing Officer
XX Budgeted
Date
tv?5 49
Date
Date
-9q
Date
Item
Budget Adj. Attached
Administrative
Services Director
Date
ADA Coordinator Date
42-257-9Y
Internal Auditor566 Date
STAFF RECOMMENDATION: It is the recommendation of the Staff that the Council
approve Amendmentin the amount of $58,793.75
ks Director
2-4-99
Date
Cross Reference
3-7441 New Item: Yes No
Date
1111011K__ Prev Ord/Res 0: 32-97
Dat
Orig Contract Date: 18 Feb 1997
Date
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FAYETTEVI LLE
NO CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fayetteville City Council
From: Don Bunn, Assistant Public Works Director
Thrue Charles Venable, Public Works Director
Fred Hanna, Mayor
Subject: Engineering Contract Amendment No. 3
White River Water Connections
McGoodwin, Williams, and Yates
February 1, 1999
On February 18, 1997 the City of Fayetteville entered into an agreement with
McGoodwin, Williams, and Yates for preliminary engineering work to determine the best
way of furnishing City water to the newly. acquired White River Water System. There
have been two amendments to that contract, both of which involved the preparation of
detailed plans and specifications for work identified in the original contract. Contract
Amendment No. 1 to that contract called for the preparation of detailed plans and
specifications for thc direct connections to between the City's water system and the White
River System. Those connections consisted of a 12" line along Highway 45 from the
existing pump station west of Gully Road to Goshen, the installation of a water pump
station, and the installation of a 6" and 8" line from Lake Sequoyah Road to connect the
southern part of our system to the White River system. The cost of the engineering work
provided for in Amendment No. 1 was
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Detailed Plans and Specifications $ 43,754
Easement Documents and Permits 12,015
Bidding Phase 4,119
Inspection Services* 39,769
Fee (15 Percent) 14,941
Reimbursable Expenses 10,000
Total Contract Amount $ 124,549
* Based on an estimated 120 Days Construction Time
Contract Amendment No. was executed on August 5, 1997 and provided for
preparation of detailed plans and specifications for a new elevated water tank on Gully
Road, a new water booster station on Gully Road and the connecting water lines.
Construction of those improvements are now undcnvay.
Attached for your review and approval is proposed Contract Amendment No. 3 which
will modify Contract Amendment No. 1 to the Engineering Contract with McGoodwin,
Williams, and Yates fbr the White River Connections by providing for compensation for
out -of -scope work as explained below:
Item 1 - Additional services provided to update plans after the final plans were already
completed and in response to changes requested by the City. Services included revised
easement documents, rerouting of water lines, examination of alternate pump station sites
(on the Lake Scquoyah line), visits with affected property owners. (S17,996.00)
Explanation - During the process of negotiating with property owners for rights of
way and easements, the staffrequested a number changes in line routing in order to
accommodate certain property owners and to facilitate the acquisition of casements.
Those changes required changes to be made in the plans and in the detailed
specifications. Also, we requested on several occasions that the engineer have a
representative meet with the staff and the property owner on site.
These changes as requested by staff facilitated the acquisition of easements without
resorting to condemnation.
Item 2 - Re -Design of the pump station on Lake Sequoyah Drive.
Explanation - This work was required because the staff requested a change in the
location of the pump station in order to facilitate the acquisition of the necessary
property. (S1,478.75
Item 3 - Additional inspection services due to the time required for the contractor to
complete the project. ($31,650.25)
Explanation - The amount for engineering services during construction contained
in the original engineering agreement with McGoodwin, Williams, and Yatcs was
S39,769 and was based on 120 days construction time. The Notice to Proceed gave a
date of September 29, 1997 as the start date for thc contractor and the date of substantial
completion would have been January 27, 1998. During the course of the work, two
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Change Orders were executed which added 40 days to the construction time, therefore
the date for substantial completion was amcnded to be March 7, 1997. The actual time
to substantial completion (June 14, 1998) was 258 days. Thc engineer is requesting
compensation for inspection services rendered the 138 days of construction time over and
above the contract time of 120 days.
A summary of the additional cornpensation being requested is:
Activity
Dates
Amount
Water Line Re-routes
6/2/97 - 9/21-97
3 17,996.00
Pump Station Re -Design
9/22/97 - 1/25/98
1,478.75
Additional Inspection
2/26/98 - 6/14/98
31,650.25
Fee, 15 Percent
7,668.75
Additional Cost
$ 58,793.75
The amounts being requested for the extra work is reasonable and consistent with the
amounts for similar work as given in the original contract. It is the recommendation of
the Staff that the Council approve the Amendment.
Telephone 501/493-3404
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
909 Rolling Hills Drive
Fayetteville, Arkansas 72703
December 28, 1998
Re: Water System Improvements
Highway 45 East and White River Connections
Phase I - Initial White River Connections
City of Fayetteville, Arkansas
Project No. Fy-265
Mr. Donald R. Bunn, P E
Assistant Public Works Director
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Dear Don:
RECERP----D
DEC 30 1998
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
FAX 501/443-4340
In accordance with your conversation last week with Jerre Van Hoose, we are
enclosing our documentation of our final engineering charges related to the above project.
Attached to this letter is a sequence of events for the project, and Exhibits A, B, C and D
are enclosed:
Exhibit A - Summary of All Project Hours Worked
Exhibit B - Calculation of Additional Chargeable Time
Exhibit C - Worksheet showing Additional Chargeable Hours related
to Design Changes after Construction Began
Exhibit D - Summary of Final Charges
We realize the additional request is significant. A study of the data shows that we
spent $22,115 00 between June 2 and September 21, 1997 for revisions, reroutes,
easement rewrites, boundary surveys landowner negotiations, and the bidding phase of
the project. Our contract budgeted $4,119 00 for the bidding phase only, so all other work
during this period was additional work, which amounted to $17,996.00.
Betwecn September 22, 1997 and January 25, 1998, additional work was required
to redesign the Sequoyah pump station at another site due to land acquisition problems, in
the amount of $1,478.75.
You will also see that our contract, as well as the construction contract, provided
for a construction period of 120 days, meaning that all but the close-out work should have
been done on or before January 25, 1998. You will see on Exhibit A (on pages 12, 13
and 14), we spent 790.5 manhours ata cost of $31,650.25 between January 26 and
June 14, 1998, at which time die work was substantially complete.
Mr. Donald R. Bunn
December 28, 1998
Page 2
In surnmary, our request for additional engineering fees is as follows:
From 6/2/97 to 9/21/97
From 9/22/97 to 1/25/98
From 1/26/98 to 6/14/98
Additional Engineering Cost
15% Fee per Contract
Total
$ 17,996.00
1,478.75
31,650.25
$ 51,125.00
7,668.75
$ 58,793.75
The contract time for substantial completion was extended from 120 calendar days
to 160 calendar days by change orders agreed to by the city, with no provision at that
time to increase the cost ceiling on our engineering contract. In addition, you should be
aware that during the design phase our actual cost was $64,087.63, compared to
$55,720.00 set up in the project budget. The difference of $8,367.63 is extra time spent in
preparation of the plans and specifications, for which we are not requesting reimburse-
ment.
We trust that the information provided will document the justification for an
increase in engineering fees on this project. We will be pleased to review this data in
detail at your convenience.
CRN:sc
Enclosures
Cordially,
Charles R. Nickle, P. E.
Vice President
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AMENDMENT NO. 3
TO
AGREEMENT FOR ENGINEERING SERVICES
WATER SYSTEM IMPROVEMENTS
CITY OF FAYETTEVILLE, ARKANSAS
WHEREAS, on Februaryki 1997, the City of Fayetteville (the Owner) entered into
an agreement with McGoodwin, Williams and Yates, Inc. (the Engineer), to provide
engineering services in connection with the necessary facilities to allow the Owner to
supply water to the recently acquired White River System from Fayetteville's system and
those facilities required to upgrade the Highway 45 East portion of Fayetteville's system;
and
WHEREAS, additional engineering time was spent at the request of the Owner for
revisions, reroutes, easement rewrites, boundary surveys, land owner negotiations, and
the bidding phase of the project, as well as inspection time; and
WHEREAS, the construction contract time was extended from 120 calendar days
to 160 calendar days by change orders agreed to by the Owner, with no provision at that
time to increase the cost ceding on the existing engineering contract; and
WHEREAS, the original agreement provides for additional work to be performed
at the direction of the Owner and compensated for on the basis of cost plus a fixed fee;
and
WHEREAS, the actual reimbursable expenses in the project were $3594.80 out
of a not -to -exceed contract amount of $10,000.00;
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Owner and Engineer, the parties hereto, stipulate and agree that
the not -to -exceed contract amount for reimbursable expenses is hereby reduced by
$6,405.20; and the not -to -exceed contract amount for engineering services based on
actual time required to perform the work is increased by $58,793.75. The new total
not -to -exceed contract amount including reimbursables is 51761937.55.
All other provisions of the original Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Owner has caused these presents to be executed
in its behalf by its duly authorized representatives, and the said Engineer by its duly
authorized representatives, and the parties hereto have set their hands and seals this
day of .1999.
Attest:
Heather Inman Woodruff, City Clerk
Attest:
Charles R. Nickle, Vice -President
CITY OF FAYETTEVILLE, ARKANSAS
Fred Hanna, Mayor
McGOODWIN, WILLIAMS AND YATES, INC.
arl Yates, Pre