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Home My WebLink About177-01 RESOLUTION1- 1 • RESOLUTION NO. 177-01 A RESOLUTION APPROVING CONTRACT AMENDMENT #4 IN THE AMOUNT OF ONE HUNDRED TWENTY THOUSAND NINE HUNDRED SEVENTY-TWO DOLLARS AND FIFTY-THREE CENTS ($120,972.53) WITH THE BENHAM GROUP FOR ADDITIONAL CONSULTING SERVICES RELATING TO THE DOWNTOWN DICKSON ENHANCEMENT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves Contract Amendment #4 in the amount of One Hundred Twenty Thousand Nine Hundred Seventy -Two Dollars and Fifty -Three Cents ($120,972.53) with The Benham Group for additional consulting services relating to the Downtown Dickson Enhancement Project. Section 2. That the City Council authorizes the Mayor to sign such an amendment to the contract with The Benham Group. PASSED and APPROVED this 18th day of December, 2001. APPROVED: By: ATTEST. By: ��%2?.gOI/�' EATHER WOODRUFF, City Clerk DAN COODY, Mayor • NAME OF FILE: CROSS REFERENCE: Resolution No. 177-01 12/18/01 Resolution No. 177-01 01/04/02 Amendment No. 4 to the Agreement for Consulting Services regarding the Downtown Dickson Street Enhancement Project (The Benham Group is the consultant group) 01/04/02 Copy of letter to Randy Ritchy, Atkins Benham, from Mayor Coody, regarding Agreement for Consulting Services/Downtown Dickson Enhancement Project 12/06/01 Memo to Mayor Coody/Board of Aldermen, from Greg Boettcher, PW Director, regarding DDEP 12/18/01 Staff Review Form 12/20/01 Memo to Greg Boettcher, Public Works Director, from Heather Woodruff, City Clerk NOTES: PROJECT: CONSULTANT: • • AMENDMENT NO 4 TO THE AGREEMENT FOR CONSULTING SERVICES Downtown Dickson Street Enhancement Project The Benham Group, 117 S. Parkwood, Lowell, Arkansas 72745 OWNER/CLIENT: City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701 WHEREAS, The Benham Group (CONSULTANT) and the City of Fayetteville, Arkansas (CLIENT) entered into an agreement for Consulting Services dated December 15, 1998, and, WHEREAS, The scope of the December 15, 1998 agreement set out a specific scope of services, and additional items of work, outside the initial scope of services have been required to complete the design of the Downtown Dickson Street Enhancement Project (PROJECT), including : • ITEM NO 1- Revision of previously approved parcel maps and revision of previously approved construction drawings to correspond to negotiated easement purchases (tracts involved included: University of Arkansas, Campus Bookstore, Sound Warehouse, Mr. Tux, Dickson Street Bookstore and Mr. Lamar Petus), including applicable subcontract costs, and, WHEREAS, The scope of the December 15, 1998 agreement did not include needed services associated with basic construction administration services, including: • ITEM NO 2- Provision of bidding and construction phase services associated with the construction of the PROJECT, including street, sidewalk and landscaping improvements, said basic construction administration services to include: bidding, bid opening, bid evaluations, award recommendations, award processing, pre -construction conference, shop drawing reviews, progress and payment reviews, change order processing, weekly monitoring of the work (5 hours/week), final inspection of completed PROJECT and related consulting services associated with the bidding/construction phases of the PROJECT, and, WHEREAS, The scope of the December 15, 1998 agreement did not include needed services associated with the full-time resident observation of PROJECT construction, including: • ITEM NO 3- Provision of a full-time on-site resident inspector to observe and document all PROJECT construction for compliance with the drawings and contract documents, to report non conforming work/problems to the CONSULTANT, to conduct, observe and record quality control testing, to maintain complete construction records and to coordinate the PROJECT construction with all concerned parties, A A Se • • Downtown Dickson Street Enhancement Project Page 2 NOW THEREFORE be it resolved between the CONSULTANT and CLIENT, that the above referenced items of additional work, if authorized in writing by the CLIENT, shall be performed for the following not -to -exceed amounts: ITEM NO 1- Additional Design Services ITEM NO 2- Basic Construction Administration ITEM NO 3- Full -Time Residential Inspection $ 9,660.00 $39,552.53 $71,760.00 The CLIENT may authorize one, two or all three items as it deems appropriate, with said authorized additional items of work and upper limits of compensation to be added to the scope of the December 15, 1998 agreement for Consulting Services and the current upper limit of costs of $530,227.62. All additional services subsequently authorized by the CLIENT in writing shall be invoiced on a cost plus fixed -fee basis, with cost to be direct labor and direct expenses, indirect labor cost to be based upon an audited overhead rate, not to exceed a factor of 150% and fixed fee to be 15% of the combined direct and indirect costs. IN WITNESS WHEREOF to the acceptance of the terms and conditions as set forth in the Amendment No 4 to the December 15, 1998 agreement for Consultant Services, the Benham Group and the City of Fayetteville Arkansas have executed this amendment to agreement effective the date set forth below. All other terms and conditions of said Agreement not in conflict with or amended herewith remain in full force and effect. yooZ. Signed this day of cemb r, CITY OF FAYETTEVILLE FAYETTEVILLE, AR / emit 1 Dan Coody Mayor of Fayettevil THE BENHAM GROUP LOWELL, AR ary drarnahan Vice - President FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS • January 4, 2002 Mr. Randy Ritchy Atkins Benham 117 South Parkwood Lowell, AR 72745 RE• Agreement for Consulting Services Downtown Dickson Enhancement Project Dear Mr. Ritchy, Attached you will find a fully -executed copy of Amendment No. 4 to the Agreement for Consulting Services for the Downtown Dickson Enhancement Project. We hereby authorize The Benham Group to perform Item No. 1 (Additional Design Services) and Item No. 2 (Basic Construction Administration) on the referenced project as outlined in this contract. Item No. 3 (Inspection) is expected to be performed in-house by the City of Fayetteville. If you have any questions, please don't hesitate to call. Sincerely, fOa c goictij Dan Coody Mayor ldb 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 0 • • • • • FAYETTEVILLE, ARKANSAS PUBLIC WORKS DEPARTMENT ,ADMINISTRATIVE CORRESPONDENCE TO: Mayor Dan Coody and Board of Aldermen City of Fayetteville, Arkansas FROM: Greg Boettcher, Public Works Director DATE: December 6, 2001 RE: Downtown Dickson Street Enhancement Project Consultant Contract Amendment Number 4 Atkins Benham Group ********************************************************************** BACKGROUND The City of Fayetteville and Atkins Benham, Inc. entered into an agreement for the planning and design of the Downtown Dickson Enhancement Project on December 13, 1998, the contract amount being $530,227.62. The design phase of this project is completed including right-of-way acquisition. The Arkansas Highway and Transportation Department is expected to release the Project for bids in the latter part of December 2001. The consultant has submitted contract amendment number 4 in the amount of $120,972.53, covering the following items: (1) easement and drawing revisions to enable right-of-way acquisitions - $9,660.00, (2) bidding/construction phase services not included in the original contract - $39,552.53, and (3) full-time resident inspection for the construction of the project - $71,760.00. DISCUSSION (1) Revisions to previously approved easements and drawings, to enable negotiations of rights- of-way were required to allow voluntary acquisitions from certain property owners. These changes were not anticipated within the original project scope, thereby constituting additional consultant services (2) The consultant contract did not include the construction administration phase services, relating to the bidding and construction phases of the project. These needed services must be negotiated and incorporated into the contract by an amendment. (3) The consultant contract did not include resident inspection services for the full-time M Fr • • • • • inspection of the project's construction. The Project shall require full-time inspection due to the complexity of the construction and to conform with requirements for the construction of public infrastructure. Upon receiving these costs, the Engineering Division has reviewed its inspection workload and is proposed as the provider using existing staff. Contract Amendment Number 4 is structured to allow the authorization of any, all or none of the items listed above. The authorization shall be in writing as a separate instrument. Recommendation The Fayetteville City Council's approval of Contract Amendment Number 4 is recommended, increasing the consultant services contract budget to $651,200.15. The current Project Budget includes funds to cover this increase in the contract. The approval requested is to include a condition allowing the use of the Engineering Division to provide the full-time resident inspection services, charging said labor to the Project Budget. This option will enable the evaluation of in-house versus out -source arrangements for Item No. 3, resident project inspection services. The justification for the alternative use of in-house staffing includes economy, improved coordination, direct communication between City and Owners and the increased familiarity of Engineering Division personnel with standards/local setting. • • X Agenda Request Contract Review _ Grant Review • the Fayetteville City Council meeting of December 18, 2001 • STAFF REVIEW FORM • FROM: Greg Boettcher Name Engineerme Division Public Works Department ACTION REQUIRED: Approval of a Consultant Contract Amendment (original contract dated December 15, 1998) for Downtown Dickson Enhancement Project in the amount of $120,972.03 to address: (1) easement revisions -$9,660.00, (2) construction engineering - $39,552.53, and (3) project construction inspection - $71,760.00 (option to allow use of Engineering Division personnel for full-time inspection). Current contract amount is $530,227.62 to $651,200.15. COST TO CITY: $ $120,972.53 Cost of this Request 4470-9470-5809-00 Account Number 98097 Project Number $ $2,224,098.00 Contract Services Category/Project Budget Category/Project Name $ 206,302.00 Street Improvements Funds Used to Date Program Name $ $2,017,796.00 Sales Tax Capital Improvements Remaining Balance Fund -JDGET REVIEW: _Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: Accounting Manager City Attorney Purchasing Officer GRANTING AGENCY: Date ADA Coordinator Date Date Internal Auditor Date Date STAFF RECOMMENDATION: Approval of the Resolution and Budget Adjustment Division Head Date Cross Reference �partment Director Date New Item: Yes No Administrative Services Director Date Prev Ord/Res #: Mayor Date Orig Contract Date: s F, 12 FAYETTEVIPLLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Greg Boettcher, Public Works Director From: Heather Woodruff, City Clerk Date: December 20, 2001 Please find attached a copy of Resolution No. 177-01 approving Contract Amendment No. 4 with the The Benham Group for additional consulting services relating to the Downtown Dickson Enhancement Project. The original will be microfilmed and filed with the City Clerk cc: Nancy Smith, Internal Audit Jim Beavers, Engineering Division M cI I: • X Agenda Request _ Contract Review Grant Review STAFF REVIEW FORM For the Fayetteville City Council meeting of December 18, 2001 • OA . bol 177-oi (z-17--° I ^17 }gP MEC 01°H.,IIIED FROM: Greg Boettcher Name Engineering Public Works Division Department ACTION REQUIRED: Approval of a Consultant Contract Amendment (original contract dated December 15, 1998) for Downtown Dickson Enhancement Project in the amount of $120,972.03 to address: (1) easement revisions - $9,660.00, (2) construction engineering - $39,552.03, and (3) project construction inspection - $71,760.00 (option to allow use of Engineering Division personnel for full-time inspection). Current contract amount is $530,227.62 to $651,200.15. COST TO CITY: $120,972.03 $2,224,098.00 Cost of this Request Contract Services Category/Project Budget Category/Project Name 4470-9470-5809-00 $206,302.00 Account Number Funds Used to Date 98097 Project Number Street Improvements Program Name $2,017,796.00 Sales Tax Capital Improvement Remaining Balance Fund BUDGET VIEW: Budget Manager 1 udgeted Item _ Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: csiteh it • / 7/6 / Accounting Manager 61 ADA Coordinator Date atd Internal Auditor Date kahlo� Purchasing Officer Date STAFF RECOMMENDATION: Approval of the Resolution and Budget Adjustment Divisi n B ad 4411,11 Dept'vak ent Direc or ll/ .t Ad ive ervices Direc r 1 Date / 2 -0 7-o( Dat -pa _- Cross Reference New Item: Yes No Prev Ord/Res # • • Mayor Date Orig Contract Date: Page 2 STAFF REVIEW FORM Description Meeting Date Comments: Reference Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor • • • PROJECT: CONSULTANT: OWNER/CLIENT: • AMENDMENT NO 4 TO THE AGREEMENT FOR CONSULTING SERVICES Downtown Dickson Street Enhancement Project The Benham Group, 117 S. Parkwood, Lowell, Arkansas 72745 City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701 WHEREAS, The Benham Group (CONSULTANT) and the City of Fayetteville, Arkansas (CLIENT) entered into an agreement for Consulting Services dated December 15, 1998, and, WHEREAS, The scope of the December 15, 1998 agreement set out a specific scope of services, and additional items of work, outside the initial scope of services have been required to complete the design of the Downtown Dickson Street Enhancement Project (PROJECT), including : • • ITEM NO 1- Revision of previously approved parcel maps and revision of previously approved construction drawings to correspond to negotiated easement purchases (tracts involved included: University of Arkansas, Campus Bookstore, Sound Warehouse, Mr. Tux, Dickson Street Bookstore and Mr. Lamar Petus), including applicable subcontract costs, and, WHEREAS, The scope of the December 15, 1998 agreement did not include needed services associated with basic construction administration services, including: • ITEM NO 2- Provision of bidding and construction phase services associated with the construction of the PROJECT, including street, sidewalk and landscaping improvements, said basic construction administration services to include: bidding, bid opening, bid evaluations, award recommendations, award processing, pre -construction conference, shop drawing reviews, progress and payment reviews, change order processing, weekly monitoring of the work (5 hours/week), final inspection of completed PROJECT and related consulting services associated with the bidding/construction phases of the PROJECT, and, WHEREAS, The scope of the December 15, 1998 agreement did not include needed services associated with the full-time resident observation of PROJECT construction, including: • ITEM NO 3- Provision of a full-time on-site resident inspector to observe and document all PROJECT construction for compliance with the drawings and contract documents, to report non conforming work/problems to the CONSULTANT, to conduct, observe and record quality control testing, to maintain complete construction records and to coordinate the PROJECT construction with all concerned parties, • • • Downtown Dickson Street Enhancement Project Page 2 NOW THEREFORE be it resolved between the CONSULTANT and CLIENT, that the above referenced items of additional work, if authorized in wnting by the CLIENT, shall be performed for the following not -to -exceed amounts: ITEM NO 1- Additional Design Services ITEM NO 2- Basic Construction Administration ITEM NO 3- Full -Time Residential Inspection $ 9,660.00 $39,552.03 $71,760.00 The CLIENT may authorize one, two or all three items as it deems appropriate, with said authorized additional items of work and upper limits of compensation to be added to the scope of the December 15, 1998 agreement for Consulting Services and the current upper limit of costs of $530,227.62. All additional services subsequently authorized by the CLIENT in writing shall be invoiced on a cost plus fixed -fee basis, with cost to be direct labor and direct expenses, indirect labor cost to be based upon an audited overhead rate, not to exceed a factor of 150% and fixed fee to be 15% of the combined direct and indirect costs. The CLIENT reserves the right to provide resident inspection services, ITEM NO 3, using its own staff. IN WITNESS WHEREOF to the acceptance of the terms and conditions as set forth in the Amendment No,4 to the December 15, 1998 agreement for Consultant Services, the Benham Group and the City of Fayetteville Arkansas have executed this amendment to agreement effective the date set forth below. All other terms and conditions of said Agreement not in conflict with or amended herewith remain in full force and effect. Signed this day of December, 2001. CITY OF FAYETTEVILLE THE BENHAM GROUP FAYETTEVILLE, AR LOWELL, AR Dan Coody Gary L. Carnahan Mayor of Fayetteville Vice - President 010 03 Update Document Reference DSI of Fayetteville Index Maintenance Action Taken Brief Description DSI/INDEPENDENT AUDITORS FIN. STA. Cit. It Date Ref. 12312000 FIN • 1/15/2002 10:12:21 Enter Keywords • SEPTEMBER 26,2001 bECEMBER 31, 2000 PRIER, BURCH & MCFALL bOWNTOWN-ENHANCEMENT PROJECT INDEPENDENT AUDITOR'S REPORT FINANCIAL STATEMENT File Reference # • MICROFILM Security Class Expiration Date Date for Cont/Referred: Name Referred to • Cmdl-Return CmdB-Retention CmdS-Abstract Yes No Retention Type: **** Active * Cmd4-Delete Cmd3-End Press 'ENTER' to Continue (c) 1986-1992 Munimetrix Systems Corp. 010 03 Update Document Reference RES Date 12182001 Citof Fayetteville i Index Maintenance Item Action Ref. Taken Brief Description 177 • 1/31/2002 13:19:23 DOWNTOWN DICKSON ENHANCEMNT PROJECT Enter Keywords File Reference # Security Class Expiration Date Date for Cont/Referred: Name Referred to • • • • RES. 177-01 CONTRACT AMENDMENT #4 $120,972.53 THE BENHAM GROUP BENHAM GROUP ADDITONAL CONSULTING SERVICES bOWNTOWN DICKSON ENHANCNENT MICROFILM Cmdl-Return Cmd8-Retention CmdS-Abstract Yes No Retention Type: **** Active *www Cmd4-Delete Cmd3-End Press 'ENTER' to Continue (c) 1986-1992 Munimetrix Systems Corp.