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HomeMy WebLinkAbout92-99 RESOLUTIONRESOLUTION NO. 9 2 - 9 9 A RESOLUTION APPROVING A CONTRACT AMENDMENT FOR ENGINEERING SERVICES WITH MILHOLLAND COMPANY TO ADD BIDDING AND CONSTRUCTION MANAGEMENT FOR THE POPULAR STREET IMPROVEMENTS IN THE AMOUNT OF $71,601. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1. That the City Council hereby approves a contract amendment for engineering services with Milholland Company to add bidding and construction management for the Popular Street improvements in the amount of $71,601. A copy of the amendment is attached hereto marked Exhibit "A" and made a part hereof. 0"• trp 4'�AT���u By. C`Uher Woodruff City ler( PASSED AND APPROVED this day of July , 1999. :..c 1/1 Fred Hanna, Mayor EXHIBIT A AGREEMENT FOR ENGINEERING SERVICES CONSTRUCTION BIDDING & OBSERVATION FOR POPLAR STREET IMPROVEMENTS vis THIS AGREEMENT made as of the 61k day of May, 1999 by and between the CITY OF FAYETTEVILLE, hereinafter called the "OWNER", and Melvin L Milholland, MILHOLLAND COMPANY, Engineering and Surveying, Fayetteville, Arkansas, hereinafter called the "ENGINEER". WITNESS THAT: WHEREAS, the OWNER desires to have Construction Bidding & Observation Services for the POPLAR STREET IMPROVEMENTS (Project No. E-490) as designed by the ENGINEER under a previous contract. WHEREAS, the ENGINEER has sufficient experienced personnel and equipment to perform the work described in this agreement, 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. ENGINEERING SERVICE AGREEMENT NOW, THEREFORE, THE OWNER and ENGINEER for the considerations hereinafter set forth, agree as follows: ARTICLE 1.: THE ENGINEER AGREES to perform the following Engineering services for the Project: SECTION A.: GENERAL: The Engineer shall serve as the Owner's Professional Representative in the planning and supervision of construction of the Project and shall give consultation and advice to the Owner during the performance of his services. [1] Copyright or Patent Infringement: The Engineer shall defend actions of claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by him, and he shall hold harmless the Owner from loss or damage resulting therefrom, providing, however, that the Owner within five [5] days after receipt of any notice of infringement or of summons in any action therefore shall have forwarded the same to the Engineer in writing. [2] Insurance: The Engineer shall secure and maintain such insurance as will protect him from claims under the "Workman's Compensation Acts" and from claims for bodily injury, death, or property damage which may arise from the performance of his services under this Agreement. SECTION B.: BASIC SERVICES OF THE ENGINEER: PART I: CONSTRUCTION BIDDING & OBSERVATION SERVICES OF THE ENGINEER: [1] Receipt of Proposals: The Engineer shall furnish 5 sets of drawings and specifications for the use of Bidders, in submitting Proposals. He shall assist the Owner in securing Proposals for Bidders, in analyzing such Proposals, and in preparing the Agreement for execution by the Contractor. [2] During Construction: The Engineer shall provide general supervision of construction to check the contractor's work for general compliance with the drawings and Specifications and shall endeavor to protect the Owner against defects and deficiencies in the work of the Contractor, but he does not guarantee the Contractor's performance. • ENGINEERING SERVICE AGREEMENT The Engineer's general supervision shall not include furnishing a full-time resident Engineer NOR Inspector, but shall include the following services: [a] Additional Instructions: The Engineer shall issue such additional instructions to the Contractor as may be necessary to interpret the drawings and specifications or to illustrate changes required in the Contractor's work. [b] Contractor's Submittals: The Engineer shall check shop drawings, samples, equipment, approval data and other data submitted by the Contractor for compliance with the drawings and specifications. [c] Construction Staking: The Engineer shall, prior to starting construction, refurbish the street baseline and benchmark staking established by the Engineer during the design phase, as referenced to on Sheet No. 1 of this agreement as "PROJECT No. E-490." Additional construction staking for the construction of improvements of this project shall be the sole responsibility of the general Contractor. [d] Contractor's Requests for Payment: The Engineer shall prepare and submit to Owner, Monthly Pay Estimates for the performance of the General Contractor. [e] Visits to the Site: The Engineer shall make periodic inspections at the site to check the Contractor's work for general compliance with the Contract Documents and to determine the extent of work completed for checking of Contractor's requests for payment. [f] Special Performance Tests: The Engineer shall witness and report the results of all special performance tests required for the Project. [g] Final Acceptance: The Engineer shall prepare the deficiency (punch) lists when 90% completion of the Project is claimed. When the Contractor has completed the work in accordance with the terms of the Contract documents, the Engineer shall certify his acceptance to the Owner and his approval of the Contractor's final request for payment. [h] Instructions to the Owner: Near the completion of construction, the Engineer shall arrange a meeting between the Contractor and Owner to discuss pertinent construction details for proper operation and maintenance of the Contract Construction Items furnished and installed for the Project. ENGINEERING SERVICE AGREEMENT [I] Record Drawings: The Engineer shall prepare record drawings showing changes in the work authorized during construction and shall submit one [1] set of "AS-BUILTS" to the Owner and one [1] set to each Utility Company providing services to the Project, if requested. SECTION C. Extra Services of the Engineer shall include the following when authorized by the Owner in writing, and shall be paid for as mutually agreed in Article 3, Section D of this Agreement: [1] A Soils Engineer or other consultant when such services are deemed necessary including reports, test borings, test pits, soil bearing values, percolation tests, and other necessary operations for determining sub -soil, air, and water conditions. [2] Providing design services relative to future facilities, systems, and equipment which are not intended to be constructed as a part of the Project. [3] Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the Owner. [4] Preparing documents for out -of -sequence services requested by the Owner. [5] Making major revisions in drawings, specifications, or other project documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of the Engineer. [6] Preparing supporting data and other services in connection with change orders, if the change is due to causes beyond the control of the Engineer and is inconsistent with the original design intent. [7] Providing consultation concerning replacement of any work damaged by fire or other cause during construction, and furnishing professional services of the type set forth in previous sections herein. [8] Providing professional services made necessary by the default of the Contractor or by major defects in the work of the Contractor in the performance of the Construction Contract. [9] Providing Contract Administration and observation of the construction after the Construction Contract time has been exceeded or extended by more than thirty [30] days through no fault of the Engineer. ENGINEERING SERVICE AGREEMENT [10] Providing services after issuance to the Owner of the final Certificate for payment. [11] Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding, or legal proceeding. [12] Providing services of professional consultants for other than the normal Engineering services for the Project. [13] Providing any other services not otherwise included in this Contract or not customarily furnished in accordance with generally accepted Engineering practice. [14] Construction Inspection: Inspection Prior to Expiration of the Guaranty Period of the Project and preparation of a written report listing discrepancies between guaranties and performance. [15] Land Surveys: The Engineer shall make the necessary land surveys and prepare property descriptions & plats for the Owner's use in land acquisition, boundary determination, Drainage or Utility Easements, or Temporary Construction Easements. [16] Providing cross sections for subgrade undercut to determine the quantity of excavated material or fill material. The quantity of excavated and fill material below the two (2') feet of undercut will be determined from actual Truck Yards of material imported onsite. ENGINEERING SERVICE AGREEMENT ARTICLE 2.: THE OWNER AGREES to provide the Engineer with complete information concerning the requirements of the Project and to perform the following services: SECTION A.: Access to the Work: The Owner shall guarantee access to and make all provisions for the Engineer to enter upon public and private lands as required for the Engineer to perform such work as surveys and inspections in the development of the Project. SECTION B.: Consideration of the Engineer's Work: The Owner shall give thorough consideration of all reports, sketches, estimates, drawings, specifications, proposals, and other documents presented by the Engineer, and shall inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. SECTION C.: Legal Requirements: The Owner shall hold promptly all required special meetings, serve all required public and private notices, receive and act upon all protests and fulfill all requirements necessary in the development of the Project, and pay all costs incident thereto. SECTION D.: Proposals: The Owner shall advertise the Proposals from Bidders, open the Proposals at the appointed time and place and pay all costs incident thereto. The Owner shall consider the Engineer's recommendation of a General Contractor, relative to Proposals. SECTION E.: PROTEC'T'ION OF MA and other markers set s the Engine Contracto•. Replac ment of mark removed slICI be : id for by the Ow e Owner s r prior t. the ass rs or • akes wh EXTRA SECTION F.: tect to the best mption of ch have RV ity, all stakes ch responsibility by the een damaged, moved, oy' S" of the Engineer. !e?1'. Standards: The Owner shall furnish the Engineer with a copy of any design and construction standards he shall require the Engineer to follow in the preparation of Contract Documents for the Project. ENGINEERING SERVICE AGREEMENT SECTION G.: Review Fees: All review fees required by all Governing Authorities shall be paid by the Owner at the time requested by the Engineer. SECTION H.: Material Tests- All material quality and standards tests required for the Project shall be paid for by the Owner at the time requested by the Engineer. SECTION I.: Owner's Representative: The Owner shall designate a single person to act as Owner's Representative with respect to the work to be performed under this Contract. The person designated as Owner's Representative shall have complete authority to transmit instructions, receive information, interpret and define Owner's policy and decisions, with respect to materials, equipment, elements, and systems pertinent in the work covered by this Contract. • ENGINEERING SERVICE AGREEMENT ARTICLE 3. THE OWNER'S PAYMENTS TO THE ENGINEER• SECTION A.: General: [1] Payments Withheld from Contractor: No deduction shall be made from the Engineer's compensation on account of penalty, liquidated damages, or other amounts withheld from payments to Contractors. [2] Abandoned or Suspended Work: If any work performed by the Engineer is abandoned or suspended in whole or in part, the Engineer shall be paid for services performed on account of it prior to receipt of written notice from the Owner of such abandonment or suspension, together with any terminal expense resulting therefrom and including a reasonable profit. Payments to the Engineer shall be made within 30 days of Written Notice from the Owner. [3] Progress Payments: Once each MONTH, the Engineer shall prepare and submit a pay estimate to the Owner for professional services performed under Article 1., Sections B. and C. of this Agreement in proportion to services performed during the period, and for Professional Surveying Services listed herein. SECTION B.: PAYMENT FOR SPECIFIED PROFESSIONAL SERVICES: The Owner shall pay the Engineer in addition to Article 1, Sections "B" and "C", for the performance of items listed below: SPECIFIED SERVICES to be performed are limited to: [a] Flood Plain Study and survey is NOT a part of these services. [b] Services required for the Development of Project, dealing with "WETLANDS", "U.S. WATERS", "CORP OF ENGINEERS" Approvals and Permitting, D. P. C. & E Plans and Permitting for DRAINAGE AND EROSION CONTROL, 100 YEAR FLOOD PLAIN DESIGN AND SURVEYS, and "OFF- SITE" Studies, Surveys, Designs and Reports shall be compensated in addition to the "Maximum -Not -To -Exceed," by the Hour, per attached "EXHIBIT A - Professional Fee Schedule". ENGINEERING SERVICE AGREEMENT [c] Professional Engineering and Surveying Services rendered at the request of the Owner which is in addition to that necessary to design said proposed Development is NOT a part of these services, but if needed, shall be compensated in addition to the "Maximum -Not -To -Exceed," by the Hour, per attached "EXHIBIT A - Professional Fee Schedule". [d] Studies and changes requested after the FINAL Design by the Engineer, shall be compensated by the hour, in addition to the "Maximum -Not -To - Exceed" for project, per attached "EXHIBIT A - Professional Fee Schedule". [e] All Review Fees shall be paid by Owner. SECTION C.: PAYMENTS FOR CONSTRUCTION BIDDING & OBSERVATION SERVICES OF THE ENGINEER: Compensation of CONSTRUCTION BIDDING & OBSERVATION SERVICES shall be allocated as follows: [1] CONSTRUCTION BIDDING & OBSERVATION SERVICES: Compensation for said Engineering Services shall be a hourly rate for a MAXIMUM -NOT -TO -EXCEED amount of $60,122.00. This MAXIMUM -NOT -TO -EXCEED figure includes full compensation for every item of work as described in ARTICLE 1, SECTION B, PART I and is based on an estimate of the various classifications of work at a hourly rate, plus profit, as depicted in TABLE I of this document. The hourly rates include direct cost plus allowances for indirect labor costs and overhead. [2] PAYMENTS FOR "EXTRA SERVICES" OF THE ENGINEER: For Extra Services defined in Article 1., Section C., and Specified Special Services" defined in Article 3, Section "B", the Owner shall pay the Engineer on an hourly basis as shown in "Exhibit A". SECTION D. METHOD OF PAYMENT: Partial payments of the ENGINEER shall be made monthly as follows: [1] Construction Bidding & Observation Phase: One hundred percent (100%) for services provided during each monthly period. ENGINEERING SERVICE AGREEMENT ARTICLE 4.: THE OWNER AND ENGINEER FURTHER AGREE to the following Conditions: SECTION A.: TERMINATION: This Agreement may be terminated by either party by seven [7] days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the one party through no fault of the other party. If terminated due to the fault of others than the Engineer, the Engineer shall be paid for services performed to the date of termination, including reimbursements then due, plus termination expenses. SECTION B.: ARBITRATION: Arbitration of all questions in dispute under this Agreement shall be at the choice of either party and shall be in accordance with the rules of the American Arbitration Association. This Agreement shall be specifically enforceable under the prevailing Arbitration Law and judgement upon the award rendered may be entered in the court of the forum, State or Federal, having jurisdiction. The decision of the Arbitrators shall be a condition precedent to the right of any legal action. SECTION C.: OWNERSHIP OF DOCUMENTS: The completed tracings and master specification sheets shall remain the property of the Engineer, and reproductions of them in whole or in part shall not be used on additions to the Project or on any other project except upon written agreement with the Engineer. SECTION D.: This Contract shall be interpreted in accordance with the domestic laws of the State of Arkansas and enforced only in the Courts of that State. SECTION E.: The parties recognize the nature of any potential liability on the part of the Engineer. In order to more accurately specify his liability for services performed hereunder, the parties do mutually covenant and agree that the liability of the Engineer for any defect in design, Engineering, inspection, or otherwise, for professional services rendered by him shall have as its maximum limitation the compensation received by the Engineer for his professional services under the terms of this Contract. ENGINEERING SERVICE AGREEMENT ARTICLE 5.: SUCCESSORS AND ASSIGNS: This agreement and all of the covenants hereof shall ensure to the benefit of and be binding upon the Owner and his partners, successors, assign and legal representatives. The Owner shall not have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the Engineer. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement, Exhibits "A" and Table I inclusive, the day and year first written above. Attest: Date f 7A�9y Attest: Secretary / q Date 54z� l - I9 • OWNER Hanna, Mayor yor MIL OLLAND • yPANY En .41 eerin ••:.gSu 2i• isp' Melvi J . Milholland, PE, PLS ENGINEERING SERVICE AGREEMENT EXHIBIT "A" PROFESSIONAL FEE SCHEDULE: 1. Survey Crews: 3 men @ $105.00 per hour 2 men @ $86.00 per hour 2. AutoCAD Drafting: 1 man @ $50.00 per hour 3. Professional Engineer: $95.00 per hour 4. Engineer's Aide: $65.00 per hour 5. Inspector: $45.00 per hour 6. Office Computations: 1 man with computer: $45.00 per hour 7. Research and Compiling Data: 1 man $45.00 per hour 8. Secretary: $30.00 per hour 9. Printing: 8-1/2" X 11": Blueprints Mylar 10. Mileage: 11. Out -of -Pocket Expenses: (Long-distance phone calls, etc.) $00.25 per sheet $ 3.50 per sheet (any size) $15.00 per sheet (any size) $00.30 Per Mile Actual Cost CT A W N ri TOTAL: Report: Secretary: Computations: Engineering Aide: Supervisor: Professional Engineer: X -Sects: Field Crew: SERVICES PERFORMED ON DEMAND 4 hrs. (±) ® $30.00/hr. 25 hrs. (±) © $65.00/hr. 12 hrs. (±) @ $95.00/hr. 100 hrs. (±) ® $86.00/hr. $11,485.00 $120.00 ;, U1 o O a 0 o O a 0 0 o cnm 171 X m 1 < D CDm rm (0D mco 7o m m rp < (1) o 3 0 0 0 < m n o D v v m X 2 W D 0 a3 c z 0 O k 0 m 0 3 0 0 0 Z 9 0 .12 40> 0 .a co O N O O TOTAL COSTS AVERAGE WAGE RATE PER HOUR TOTAL HOURS F) As -Built Drawings E) Prepare Deficiency Lists D) Construction Observation C) Prepare Monthly Pay Estimates 8) Construction Staking A) Conference & Meetings [2] DURING CONSTRUCTION C) Prepare Agreements B) Analyze Bids and Recommendation A) Bid Procedure [1] RECEIPT OF PROPOSALS Article 1, Section B CONSTRUCTION MANAGEMENT H o O 0 o to N O 0 o 80.00 10.00 8.00 20.00 20.00 0 0 6.00 2.00 4.00 ENGR/MGR. V 61 Na W 0 o o Q1 fn o 220.00 r 0 o 0 12.00 Ul 0 0 0 0 0 0 0 O 0 10.00 00'8 0 o 0 12.00 ENGR/MGR. IV 61 495.00 430.00 40.00 4.00 m O (n A 8 III o o O o 0 0) N 0 0 la.00 61 o o 0 o wCO 9'o o 0 40.00 0 0 0 0 0 CADD TECH II a 0 O o o O o o 150.00 60.00 26.00 O 0 0 O O 0 A O 0 SURVEYOR II 40 O oo N 138.00 CO 00 A O b 40.00 2.00 SURVEYOR w 10 0 o o 69rn 0 o o 160.00 m 0 0 2.00 0 0 2.00 20.00 24.00 20.00 CLERICAL N 10 0 o a 0 0 0 182.00 I 79.00 500.00 226.00 o 32.00 I 34.00 34.00 m 0 TOTALS mfl O .* CS. 'O O y a c M 0 m Fe �C A n O O 3 S m 2 cm m Oi O 13 to a 0. 3 tc go 0 Q 0 m Os to r 3 N O N 3 W O s 2 O 3 9 3 m » pm m k an a o m 3. A < W tD ea H Aim ✓ V I. O O V ai0 1 STAFF REVIEW FORM x AGENDA REQUEST x. CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of July 6. 1999 FROM: Jim Beavers Name Engineering Division Public Works Department ACTION REQUIRED: Approval of the engineering services contract amendment with Milholland Company to add bidding and construction management for the Poplar Street Improvements in the amount of $71,607.00. COST TO CITY: $71.607 Cost of this Request 4470-9470-5809.00 Account Number 97023-0920 Project Number $914.591 Category/Project Budget $30,439 Funds Used To Date $884.152 Remaining Balance Poplar Street Category/Project Name Street/Drainage Program Name Sales tax Fund BUDGET EVIEWt..N Budget Coordinator x Budgeted Item 4•I 17i y s 1,4 udget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW GRANTING AG NCY: �-/i-99 6 7Y --'t5 G -t8-lc 1 aft" Y &i7 -9y l emal Auditor Date ADA Coordinator Date STAFF RECOMMENDATION: Approval of the engineering services contract. Tot. !7 99 Tu Aig gi! 1999 2JJviWal $ /47 Cross Reference New Item: Yes _ No_x_ Prev Ord/Res #: 75-97 Orig Contract Date: 19 Aug 97 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Charles Venable, Public Works Director l.) Contract Review From: Jim Beavers, City Engineer Date: June 16, 1999 Re: Agenda Request, Council Meeting of July 6, 1999. Proposed engineering services contract amendment with Milholland Company to add bidding and construction management for the Poplar Street Improvements in the amount of $71,607.00. 1. Project Background. The engineenng design contract for the street and drainage improvements was approved by the City Council August 19, 1997. The engineering contract did not include bidding and construction management. 2. Construction contract. The design and right-of-way acquisitions have been completed and the project bids taken. The project bids were opened on June 10, 1999 with Sweetser Construction the low bidder at $845,815.50. The construction contract is also on the July 6, 1999 agenda as a separate proposed resolution. 3. Engineering contract. An amendment to the engineering contract has been proposed by Milholland and reviewed by staff to provide engineering construction management. The proposed contract is a not -to -exceed cost of $60,122.00 plus a cost of $11,485.00 for "extra services as requested by the City" for quantity verifications for a total of $71,607.00. Page 1 of 2 4. Budget and requested budget adjustment. The 1999 project budget is $914,591.00. The 1999 expenditures prior to this request are $30,439.00. enclosures: 1. Vicinity map 2. Engineering contract (one original) Page 2 of 2 STAFF REVIEW FORM Description Poplar Street Improvements Meeting Date July 6. 1999 Comments: Reference Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator 2 Page 2 UNIVERSITY LN Of ARKANSAS 11 8 11 SUNBRIDGE DR TC C - 4L v REBECCA I (r W olHocov sr` Ito •4L ENGINEERING SERVICE AGREEMENT: CONSTRUCTION BIDDING & OBSERVATION FOR POPLAR STREET IMPROVEMENTS E-541 OWNER: CITY OF FAYETTEVILLE 113 West Mountain Street Fayetteville, Arkansas 72701 Telephone: (501) 575-8330 May, 1999 MILHOLLAND COMPANY Engineering & Surveying 205 West Center Street Fayetteville, Arkansas 72701 Telephone: (501) 443-4724 Fax: (501) 443 4707 E-mail: milhollandco@Juno.com MINOR/ED MAY 2%1 1999 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Jim Beavers, Chief Engineer From: Theresa Johnson, Deputy City Clerk Date: July 20, 1999 Re: Res. 92-99, Poplar Street Improvements, Milholland Engineering Attached please find a copy of the resolution and its backup pages. cc: Yolanda Fields, Internal Audit A2'icti.oiev r RESOLUTION NO. 25-98 "vO, / A RESOLUTION APPROVING AMENDMENT NO. I TO THE ENGINEERING CONTRACT WITH MILHOLLAND COMPANY IN THE AMOUNT OF $4,425 FOR THE ADDITION OF RIGHT AND EASE NT PLAT PREPARATION FOR THE POPLAR STREET OVEMENTS PROJECT. BE I VED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby appicyAmendment No. 1 to.the engineering contract with Milholland Company in the amount of $4,423 1Br the adflion of right of way and easement plat preparation for the Poplar Street Improvements Project; and authorizes the Mayor and City Clerk to execute said contract amendment. A copy of Amendment No. 1 i attached hereto marked Exhibit "A" and made a part hereof. -61SSED AND APPROVED this _3rd day of March , 1998. • APPROVED: By: ,4 Y e. • Fred Hanna, Mayor 1 ATTEST: By: Heather Woodruff, Ci Clerk llm�uQ ��T RESOLUTION NO. 92-99 A RESOLUTION APPROVING A CONTRACT AMENDMENT FOR ENGINEERING SERVICES WITH MILHOLLAND COMPANY TO ADD BIDDING AND CONSTRUCTION MANAGEMENT FOR THE POPULAR STREET IMPROVEMENTS IN THE AMOUNT OF $71,601. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a contract amendment for engineering services with Milholland Company to add bidding and construction management for the Popular Street improvements in the amount of $71,601. A copy of the amendment is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 6th day of _lily., 1999. APPROVE ,,.�,....� B I Fred Hanna, Mayor By: Heather Woodruff, City Jerk STAFF REVIEW FORM /V V . 3 AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW MICROFILMED For the Fayetteville City Council meeting of Mayor's Approv n'xvm : Sid Norbash Engineering Public Works Name Division _ Department ACTION REQUIRED: Approval of the Amendment to the Engineering Contract with Milholland Company for Poplar Street and Drainage Impvts. Project, in the amount of $18,833.50. COST TO CITY: $18.833.50 $922.889 Poplar St. Imovts. Cost of this Request Category/Project Budget Category/Project Name 4470-9470-5809-00 $877796 Street Impvts. Account Number Funds Used To Date Program Name 97023-0010 S45,183 Sales Tax Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Bu get Coordinator Administrative Services Director CONTRACT/G T/LEASE REVIEW: GRANTING AGENCY: counting Manag4l J Date ADA Coordinator. Date 1 -fl -c, S , Ci Attorney Date Interna9 Auditor Date UWQQ -1 q- _ Purchasing Officer Date STAFF RECOMMENDATION: Approval of the Amendment #1 to the Engineering Contract with Milholland Company. Divion Head D to Cross Reference 9 s"P ' New Item: Yes_ No -X Director Date 7i CSC O/ ve Services Director Date ayor Date Prev Ord/62#: 92-99 . LS -9, Orig Contract #610 Orig Contract Date: 7-6-99 T1 •.1 Staff Review Form Description/ -Poplar Street Imprvts.---------- Meeting Date N/A Project Name Amendment. #1 to Eng. Contract Comments: Reference Comments: Budget Director Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor CONTRACT AMENDMENT NO. 3 FOR ENGINEERING SERVICES PROJECT: POPLAR STREET IMPROVEMENTS E-541 THE ORIGINAL CONTRACT was made and entered into on August 19, 1997, AND THIS CONTRACT AMENDMENT NO. 3, made and entered into on this day of 2001, by and between the CITY OF FAYETTEVILLE, Arkansas, hereinafter refdrfed to a& -the "OWNER", and MILHOLLAND COMPANY, Engineering and Surveying, Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "ENGINEER", 1JYY�I�I.Y.Y����G�YI WHEREAS, the OWNER Originally desired to Re -Construct POPLAR STREET 28 feet in width from LEVERETT AVENUE East to GREGG AVENUE centered in a Right -Of -Way fifty varying from forty (40') to feet (50') in width, AND WHEREAS, the OWNER has AMENDED its desires several times previously, AND WHEREAS, the OWNER has added into "PHASE IV: CONTRACT AMENDMENT," Amendment No. 1 and Amendment No. 2, as follows: Amendment No. 1: C.O. No. 1 by Resolution No. 25-98 in the amount of $ 4,425.00; Amendment No. 2: - C.O. No. 2 by Resolution No. 92-99 in the amount of $71,601.00; AND, WHEREAS, the OWNER desires to add Amendment No. 3 to said PHASE IV to provide for the following items: ITEM No. 1: S-2196: Field Stake Poplar Street Right -of -Way for Relocation of Various Utilities out ofthe Existing and New Street Right -of -Ways ..................................................$ 1,776.50 ITEM No. 2: Design 377 LF of a new 18" SDR-26 Sanitary Sewer Main to replace old clay pipe and laterals under Poplar Street; AND Re -Design Poplar Street intersection with Gregg Avenue and the Arkansas -Missouri Railroad Crossing ................. $ 9,857.00 Amendment No. 3; PHASE IV; POPLAR STREET IMPROVEMENTS, Cont. Page Two (2) ITEM No. 3: Design a "Traffic Control Plan" with Detours and Construction Signage for use to provide control for "One -Way" Traffic during Construction of said street ............................. $ 1,700.00 ITEM No.4: Additional Engineering Services resulting from delayed Construction and Additional Items ................................. $ 5,500.00 THEREFORE, the OWNER desires the ENGINEER to provide said services in C.O. No. 3 for a Total Fee Amount of ................................................... $18,833.50 THEREFORE, the ADJUSTED TOTAL PHASE IV CONTRACT Price Equals .... $94,859.50 WHEREAS, the OWNER deemed it essential to delay and modify its original plans, and Amend, AND, WHEREAS, the ENGINEER has sufficient experienced personnel and equipment to perform the work described in this Agreement, as Amended, 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 herein above set out; AND the ENGINEER agrees to provide said ADDITIONAL SERVICES. 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 it duly authorized representatives, and the parties hereto have set their hands and seals on the date heretofore set out. CITY OF FAYETTEVILLE, ARKANSAS Attest: fr Dan Coody, Mayor ty Clerk �� Atte t: Secretary 2 MILHOLL..AND C MP Y elvin L. Milholland, Engineer, Surveyor FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dan Coody, Mayor Thru: Don Bunn, Assistant Public Works Director Jim Beavers, City Engineers From: Sid Norbash, Staff Engineer Date: January 17, 2001 ,,,//- Re: Poplar Street Improvements - Engineering Amendment."3 Engineering Contract with Milholland Company The attached Amendment #1 to the above referenced contract has been necessitated because of certain field adjustments and necessities. The justifications for the addition of these changes are as follows: Item #1 Was added per request of the City Staff for accommodating utility companies that needed adjustments to their lines. Mainly to establish the required locations and elevations. Item #2 was added to this contract per request of the City Staff for all the Engineering work necessary to design and relocate a very old 18" clay sewer main which did not withstand the construction and started to fail. Item #3 was added to this contract per Mr. Venable's request and to avoid any liability to the City, and in order to address the contractor's concerns. item #4 was added to this contract because two additional water line adjustments were needed, also the construction of the 18" sewer main took longer than anticipated, therefore, lengthening the construction period. Per attached resolutions 25-98, and 92-99, the Council has approved $76,026 for this portion of the contract. Since the over -run for this contract is $18,833.50, and is within the $20,000 Mayor's authorization, the Staff request that this amendment be approved by the Mayor. Also, since the construction of this project is completed, this amendment will close out this contract. SN/sn attachments FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Sid Norbash, Engineering From: Heather Woodruff, City Clerk Date: January 23, 2001 Attached is a copy of amendment no. 3 to the Engineering Contract with Milholland Company for Poplar Street and drainage improvements. I am also returning one original to you. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit FAYETTEVI LLE 4 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Sid Norbash, Engineering From: Heather Woodruff, City Clerk Date: October 11, 2001 o. 9A-9� �� 1' I Attache is a copy of the completed staff review form and signed amendment no. 3 to the contract with Milholland for Poplar Road and Drainage Improvements. I am also returning two originals to you. One original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit &-t 7s -y7 I STAFF REVIEW FORM AGENDA REQUEST CONTRACT REVIEW GRANT. REVIEW REQUIRED: -- contract with Milholland Company, for Poplar Street and Drainage Impvts., in the amount of $16,947.43 Public Works COST TO CITY: S16,947.43_ $71.499.00 (2ool) Cost of this Request Category/Project Budget 97023-0010 Project Number REVIEW: 54.320 Funds Used To Date Poplar St. Impvts. Category/Project Name 566.266 Sales Tax Remaining Balance Fund X Budgeted Item Budget Adjustment Attached Administrative Services CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: 4I ��� .ls� iw "'de / AccountingManager Date ADA Coordinator Date 0 'Oi/� Ci Attorney Date Interna uditor Date __ 1D St DI Purchasina Officer Date STAFF RECOMMENDATION: Approval of the Amendment #3 to the Eng. Contract. Di ision Head Date Director Date Administrative Services Director ate /17 Mayor Date New Item: Yes_ Nom[ Prev Ord/Res #: 75-97 /g;_'j 9 9 Orig Contract #(D1O Orig Contract Date: -19-9 Staff Review Form Description/ Poplar St. Impvts Project Name Eng. Amendment #3 Comments: Budget Director Accounting Manager City Attorney Purchasing Officer ADA Coordinator Meeting Date N/A Reference Comments: Internal Auditor dO' D o� 7;._- ;\d' FAYETTEVILLE 'THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dan Coody, Mayor Thru: Greg Boettcher, Public Works Director Jim Beavers, City Engineer From: Sid Norbash, Staff Engineerry',�gr✓^b�'_ Date: September 28, 2001 Re: Poplar Street Improvements - Engineering Contract Amendment #3 The attached amendment #3 to the above referenced contract has been necessitated because of the change in the scope of this contract, and certain field adjustments and conditions. The justification of the extra engineering expenses are as follows: (1) Gas and Phone companies specifically asked for elevations, control points, and alignments to be able to do their adjustments. Since this work was not included in our original contract with Milholland, this field work was added to the scope of our contract. (2) The 18" Clay pipe Sanitary sewer main was located in the street and it began failing, causing delays and problems. It was then decided by the PWD and Dave Jurgens to design for replacement of this sewer main. Milholland was directed to design the replacement sewer, and conduct construction management. (3) After the construction began, there were numerous complaints about the traffic flow and delays resulted because of the construction. At this time Millholland was asked to do a brief traffic study, and find a better solution to the traffic problem. Milholland These items are detailed on the attached Amendment #3, and the cost justifications for these additions are stated by Milholland, the engineer for this project. Rather than making a formal Amendment #3 at that time, it was decided to allow the Engineer to charge the actual hours, since we already have an hourly pay schedule by Milholland. Milholland's final costs have been submitted, and the total cost submitted for the above items are $18,833.50. However Staff has negotiated this item J to be lowered by $1,886.07 (less 14% profit). Please note that the Engineer had honored the not to exceed figures on each item submitted previously, even though the Engineer incured actual expenses. The Staff is requesting approval of this amendment in the total amount of $16,947.43 to close out this contract. Please note that we understand the instructions given to us by the Public Works Director, that after the fact change orders or amendments are to be avoided. This case is an old instance, and there might be a few more that have already occurred this way, however for the future contracts Staff will try to adhere to the policy stated above. SN/sn attachments RESOLUTION NO. 91-99 A RESOLUTION AWARDING BID NO. 99-55 IN THE AMOUNT OF $845,816, PLUS A PROJECT CONTINGENCY AMOUNT OF 5126,873 (15%) TO SWEETSER CONSTRUCTION, FOR TESTING, QUANTITY VARIATIONS, UTILITY RELOCATIONS, AND CHANGES ASSOCIATED WITH THE POPLAR STREET IMPROVEMENTS/CONSTRUCTION; AUTHORIZING THE MAYOR'S EXPENDING THE FULLPROJECT CONTINGENCY AS HE DEEMS NECESSARY FOR THE COMPLETION OF THE POPLAR STREET PROJECT; AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards Bid No. 99-55 in the amount of $845,816, plus a project contingency amount of $126,873 (15%) to Sweetser Construction, for testing, quantity variations, utility relocations, and changes associated with the Poplar Street Improvements/Construction. A copy of the bid tabulation is attached hereto marked Exhibit "A" and made a part hereof. Secti-on2. The City Council authorizes the Mayor's expending the full project contingency as he deems necessary for the completion of the Poplar Street Project. Section 1. The City Council approves a budget adjustment in the amount ofS160,143 increasing Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 97023 20 decreasing Drainage Improvements, Acct. No. 4470 9470 5817 00, Project No. 97038 10. A copy of budget adjustment is attached hereto marked Exhibit "B" and made a part hereof. t'�-PKSSEUkND APPROVED this I`" day of _July ,1999. �'- .:.f - i' • c •-_ APPROVE l By: "I-. ; red Hanna, Mayor I . ATTEST: Heather Woodruff, City Ciifk CONTRACT AMENDMENT NO. 3 FOR ENGINEERING SERVICES PROJECT: POPLAR STREET IMPROVEMENTS E-541 THE ORIGINAL CONTRACT was made and entered into on August 19, 1997, AND THIS CONTRACT AMENDMENT NO. 3, made and entered into on this /O day of a44 2001, by and between the CITY OF FAYETTEVILLE, Arkansas, hereinafter referred to as the "OWNER', and MILHOLLAND COMPANY, Engineering and Surveying, Consulting Engineers of Fayetteville, Arkansas, hereinafter referred to as the "ENGINEER", WITNESSED THAT: WHEREAS, the OWNER Originally desired to Re -Construct POPLAR STREET 28 feet in width from LEVERETT AVENUE East to GREGG AVENUE centered in a Right -Of -Way fifty varying from forty (40') to feet (50') in width, AND WHEREAS, the OWNER has AMENDED its desires several times previously, AND WHEREAS, the OWNER has added into "PHASE IV: CONTRACT AMENDMENT," Amendment No. 1 and Amendment No. 2, as follows: Amendment No. 1: C.O. No. 1 by Resolution No. 25-98 in the amount of $ 4,425.00; Amendment No. 2: C.O. No. 2 by Resolution No. 92-99 in the amount of $71,601.00; AND, WHEREAS, the OWNER desires to add Amendment No. 3 to said PHASE IV to provide for the following items: ITEM No. 1: S-2196: Field Stake Poplar Street Right -of -Way for Relocation of Various Utilities out ofthe Existing and New Street Right -of -Ways ..................................................$ 1,776.50 ITEM No. 2: Design 377 LF of a new 18" SDR-26 Sanitary Sewer Main to replace old clay pipe and laterals under Poplar Street; AND Re -Design Poplar Street intersection with Gregg Avenue and the Arkansas -Missouri Railroad Crossing ................. $ 9,857.00 Amendment No. 3; PHASE IV; POPLAR STREET IMPROVEMENTS, Cont. Page Two (2) ITEM No. 3: Design a "Traffic Control Plan" with Detours and Construction Signage for use to provide control for "One -Way" Traffic during Construction of said street ............................. $ 1,700.00 ITEM No.4: Additional Engineering Services resulting from delayed Construction and Additional Items ................................. $ 5,500.00 THEREFORE, the OWNER desires the ENGINEER to provide said services in C.O. No. 3 for a Total Fee Amount of ................................................... $18,833.50 See att. THEREFORE, the ADJUSTED TOTAL PHASE IV CONTRACT Price Equals .... $94,859.50 WHEREAS, the OWNER deemed it essential to delay and modify its original plans, and Amend, AND, WHEREAS, the ENGINEER has sufficient experienced personnel and equipment to perform the work described in this Agreement, as Amended, 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 herein above set out; AND the ENGINEER agrees to provide said ADDITIONAL SERVICES. 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 it duly authorized representatives, and the parties hereto have set their hands and seals on the date heretofore set out. Attest: Secretary CI 2 CITY OF FAYETTEVILLE, ARKANSAS Dan Coody, Mayor MILHO LAND C PANY Me vin L. Mi hollan, Engineer, Surveyor I /4/itid and Compan, eineering &Surveying Melvin L. Milholland, PE/PLS City of Fayetteville Mr. Sid Norbash, Engineer 113 West Mountain Street Fayetteville, Arkansas 72701 INVOICE Invoice Work Performed: 8/19/97 - 6/30/01 PROJECT: POPLAR STREET IMPROVEMENTS CONTRACTOR: Jerry D. Sweetser, Inc. REGISTRATIONS: PE: AR, OK, MO PLS: AR, OK Project No.: E-541 Date: July 10, 2001 DESCRIPTION: Engineering Services per Service Agreement, dated August 1997, providing a Right -of -Way Survey, Drainage Study, plus Street and Drainage Improvements designed for the Re -Construction of a section of Poplar Street, approximately 2,500 LF in length, located between the center lines of North Leverett and Gregg Avenues, plus C.O. No. 1, C.O. No. 2 and C.O. No. 3: SECTION 3- COMPENSATION: I. PHASE NO. 1: RIGHT-OF-WAY SURVEY: Compensation for Basic Engineering Services shall be based on a cost plus basis with a "MAXIMUM -NOT -TO -EXCEED" fee amount of $5,500. Break down of hours and expenses on TableI......................................................$ 5,500.00 II. PHASE NO. II: DRAINAGE STUDY: Compensation for Basic Engineering Services shall be based on a cost plus basis with a "MAXIMUM -NOT -TO -EXCEED" fee amount of $8,000. Break down of hours and expenses on Table II .......................................................$ 8,000.00 III PHASE NO. III: DESIGN OF STREET & DRAINAGE IMPROVEMENT: Compensation for Basic Engineering Services shall be based on a cost plus basis with a "MAXIMUM - NOT -TO -EXCEED" fee amount of $46,850. Break down of hours and expenses on Table III .. .. $ 46,850.00 TOTAL DUE: PHASE 111 AND III (Maximum -Not -To -Exceed $60,350) ................ $ 60,350.00 IV. PHASE IV: CONTRACT AMENDMENT: Amendment No. 1: Change Order No. 1: 7/21/99: Easement Plats for Acquisition, per Resolution 25-98, (Maximum -Not -To -Exceed $4,425) ................................................... $ 4,425.00 TOTAL CHANGE ORDER No. I ................................................... $ 4,425.00 Amendment No. 2: Change Order No. 2: 7/21/99: Construction Observation, requested by City Engineer, per P.O. #00-0053405-003 Resolution No. 92-99 (Maximum -Not -To - Exceed of $71.601)................................................................ $ 71,601.00 TOTAL CHANGER ORDER No. 2 ................................................. $ 71,601.00 Amendment No. 3: Change Order No. 3: Field Stake Right -of -Ways, Design 18" Sanitary Sewer Main, Re -design Railroad and Poplar Street Intersection, Design "Traffic Control Plan" and additional Engineering Services resulting from delayed construction .................................. $ 18,833.50 TOTAL CHANGER ORDER No. 3 ................................................. $ 18,833.50 Review Fees for Arkansas Health Department(Paid by MCO) .............................. $ 90.00 Mileage: 6,876.00 mile @ $0.30/mile................................................. $ 2,062.80 TOTAL DUE TO DATE (ORIGINAL AND CHANGE ORDERS 1,2 & 3) ................ $155,209.50 (-) Less Previous Payments......................................................... $136,376.00 BALANCEDUE .................................. .......................... $ 18,833.50 THANK YOU. t Fm 205 West Center Street; Fayetteville, Arkansas 72101; Telephone: (501) 443-4724; Fax: (501) 443-4107; E-mail: MC0engr(E swbell.net too IC. ra yqT Q M 41 C > c >1 Of OS .. 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