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HomeMy WebLinkAbout40-99 RESOLUTION• • • 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. • 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 • • • • • 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 • 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 • 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 - 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 • • 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 • 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