HomeMy WebLinkAbout121-05 RESOLUTIONw
RESOLUTION NO. 121-05
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE
PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH
McGOODWIN, WILLIAMS AND YATES, INC. IN THE AMOUNT
OF $4,680,637.00 TO PROVIDE CONSTRUCTION PHASE
SERVICES ASSOCIATED WITH THE WESTSIDE WASTEWATER
TREATMENT PLANT, BROYLES ROAD IMPROVEMENTS AND
THE WETLAND MITIGATION PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of Fayetteville, Arkansas, hereby
approves Amendment No. 1 to the Professional Engineering Services Contract
with McGoodwin, Williams and Yates, Inc. in the amount of $4,680,637.00 to
provide construction -phase services associated with the Westside Wastewater
Treatment Plant, Broyles Road Improvements and the Wetland Mitigation
Project. A copy of Amendment No. 1, marked Exhibit "A" is attached hereto and
made a part hereof.
PASSED and APPROVED this 215t day of June, 2005.
APPROVED:
•cam.
;FAYETTEVILLE: By:
ATTEST: ��� +ON�t�p•��.
By: 4
SONDRA SMITH, City Clerk
9 0
AMENDMENT NO. 1
TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
BETWEEN
CITY OF FAYETTEVILLE, ARKANSAS
AND
McGOODWIN, WILLIAMS AND YATES, INC.
WHEREAS, on July 15, 2003, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and
McGoodwin, Williams and Yates, Inc. of Fayetteville, Arkansas (MWY) entered into an Agreement for
engineering services in connection with the Wastewater System Improvement Project; and in particular
the Westside Wastewater Treatment Plant, Broyles Road Improvements, Effluent Line, and Wetlands
Mitigation Site on the wastewater treatment plant property (the "Project"). The scope of these services
included the final design and bidding services, and
WHEREAS, MWY has proceeded with these services in accordance with the scope set forth in the
Agreement, and
WHEREAS, CITY OF FAYETTEVILLE requests that the scope of MWY's services to be amended to
provide Construction Phase; Resident Services During Construction; O&M Manual Preparation, Startup,
Training; and Post -Construction Phase Services for the Project;
NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY
OF FAYETTEVILLE and MWY, the parties hereto, stipulate and agree that the Agreement for
Engineering Services dated July 15, 2003, is hereby amended in the following particulars:
SECTION 2 — BASIC SERVICES OF MWY
2.1 General
2.1.1.3 The Scope of Services to be furnished by MWY during the Construction Phase is hereby included
in Appendix B -l.
2.1.1.4 The Scope of Services to be furnished by MWY during the Post -Construction Phase is hereby
included in Appendix B-2.
2.1.1.5 The Scope of Services to be furnished by MWY during the Resident Services During
Construction Phase is included in Appendix B-3.
2.2 Final Design Phase
2.2.1.5.1 and 2.2.1.5.3 At the request of the CITY OF FAYETTEVILLE, the Broyles Road
Improvements Project, Wetland Mitigation Site Project, and the Westside Wastewater Treatment
Plant Project have been incorporated into one construction contract (Contract WP -3).
2.2.1.5.2 The Westside Wastewater Treatment Plant Effluent Line has been deleted from the Project.
Fy-317 Amendment 1 Page 1
SECTION 3 — ADDITIONAL SERVICES OF MWY
Add the following tasks to SECTION 3 - ADDITIONAL SERVICES OF MWY:
3.1.8 Additional meetings with local, state, or Federal agencies to discuss project.
3.1.9 Review of drawings and other data submitted by Contractor(s) beyond one resubmission because
of failure of Contractor to account for exceptions previously noted by MWY.
3.Ll0 Appearances at public hearing meetings or before special boards.
3.1.11 Supplemental engineering work required to meet the requirements of regulatory or funding
agencies that become effective subsequent to the date of this amendment.
3.1.12 Special consultants or independent professional associates requested by CITY OF
FAYETTEVILLE.
3.1.13 Preparation for litigation, or other legal or administrative proceedings; and appearances in court
in connection with change orders or construction incidents.
3.1.14 Engineering assistance to CITY OF FAYETTEVILLE for and during negotiation meetings.
3.1.15 Observing factory tests and field retesting of equipment that fails to pass the initial test.
3.1.16 Special reports as requested by CITY OF FAYETTEVILLE concerning facility operation and
personnel matters during the startup period.
3.1.17 Where field conditions differ from the conditions indicated in the construction Contract
Documents or the soil boring logs, preparation of sketches of construction work for approval by
CITY OF FAYETTEVILLE, to supplement the drawings and specifications as may be required;
and providing redesign or relocation information if required by underground obstructions,
utilities, or other conditions.
3.1.18 Services for making revisions to drawings and specifications made necessary by the acceptance
of substitutions proposed by the Contractor(s); and services after the award of the contract for
evaluating and determining the acceptability of substitutions proposed by the Contractor.
3.1.19 Additional or extended services during construction made necessary by (1) work damaged by fire
or other cause during construction, (2) a significant amount of defective or neglected work by
any Contractor, (3) acceleration of the progress schedule involving service beyond normal
working hours, (4) prolongation of the construction contract time of any prime construction
contract, (5) default by any Contractor, and (6) failure of the Contractor to complete the work
within the construction contract time.
3.1.20 Services resulting from significant delays, changes, or price increases caused directly or
indirectly by shortages of materials, equipment, or energy.
3.1.21 Special services in connection with partial utilization of any part of the project by CITY OF
FAYETTEVILLE prior to Substantial Completion which require the Resident Project
Representative to work additional hours or require employment of additional on-site pefsonnel.
Fy-317 Amendment 1 Page 2
3.1.22 Evaluation of unusually complex or unreasonably numerous claims submitted by Contractor(s) or
others in connection with the work.
3.1.23 Review and analysis of claims for differing subsurface and physical conditions submitted by the
Contractor(s) or others in connection with the work.
3.1.24 Additions to the resident project representative (RPR) staffing level and/or individual RPR(s)
compensation, based on straight time salary rate, for services extending beyond 40 hours per
week as a result of Contractor(s) scheduled extended workweek.
3.1.25 Prepare applications and supporting documents for governmental grants, loans, or advances.
3.1.26 Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such
engineering data as required for any bond prospectus or other financing requirements.
3.1.27 Making revisions in Drawings, Specifications, or other documents when such revisions are:
3.1.27.1 Inconsistent with approvals or instructions previously given by CITY OF
FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF
FAYETTEVILLE's Program or Project Budget.
3.1.27.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the
preparation of such documents.
3.1.28 Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor, or by failure of performance of either CITY OF
FAYETTEVILLE or Contractor under the Contract for Construction.
3.1.29 Preparation and submittal to the CITY OF FAYETTEVILLE and Arkansas Soil & Water
Conservation Commission (ASWCC) a Corrective Action Plan to address operating deficiencies
at the end of the one-year Project Performance Period, if necessary.
3.1.30 Preparation of or amendments to property and right-of-way documents, including surveys.
SECTION 4 — CITY OF FAYETTEVILLE'S RESPONSIBILITIES
Add the following tasks to SECTION 4 of Agreement:
CITY OF FAYETTEVILLE will furnish and not at the expense of the MWY the following items.
4.13 All maps, drawings, reports, records, manuals, and other data that are available in the files of
CITY OF FAYETTEVILLE and which may be useful in the work involved under this
Amendment.
SECTION 5 — PERIOD OF SERVICE
5.3 The services described in this Amendment are expected to be completed in accordance with the
following schedules:
Fy-317 Amendment 1 Page 3
WESTSIDE WASTEWATER TREATMENT PLANT
Construction Phase Services,
Resident Project Representative Services
O&M Manual Preparation and
Startup and Training
Project Performance Certification Services
BROYLES ROAD IMPROVEMENTS
Construction Phase Services,
Resident Project Representative Services
WETLANDS MITIGATION
Construction Phase Services,
Resident Project Representative Services
O&M Manual Preparation and
Startup and Training
Project Performance Certification Services
Thirty-three (33) months from time of
Notice to Proceed to Contractor by the
CITY OF FAYETTEVILLE.
Complete within 180 days following
Contractor's Substantial Completion.
Complete three quarterly project performance
reports; complete one final project
performance report within 90 days of the
one-year project performance period.
Thirty-three (33) months from time of
Notice to Proceed to Contractor by the
CITY OF FAYETTEVILLE.
Thirty-three (33) months from time of
Notice to Proceed to Contractor by the
CITY OF FAYETTEVILLE,
Complete within 180 days following
Contractor's Substantial Completion.
Complete three quarterly project performance
reports; complete one final project
performance report within 90 days of the
one-year project performance period.
CITY OF FAYETTEVILLE agrees to adjust schedule if the Notice to Proceed is delayed beyond
October 3, 2005, and/or the construction period exceeds thirty-three (33) months.
5.4 The provisions of this Amendment have been agreed to in anticipation of the orderly progress of
construction through completion of the services stated in this Amendment. MWY will proceed
with providing the authorized services immediately upon receipt of written authorization from
CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized
and the time in which the services are to be completed as defined in this Amendment,
Fy-317 Amendment 1 Page 4
SECTION 6 — PAYMENTS TO MWY
6.1 Compensation
For the scope of services set forth in the final design and bidding phase and as may have been amended,
plus the Basic Services set forth in this Amendment No. 1, CITY OF FAYETTEVILLE agrees to pay
MWY the amounts indicated for each phase of the work. The total payment for the work set out in this
Amendment to MWY shall not exceed Four Million Six Hundred Eighty Thousand Six Hundred Thirty -
Seven Dollars ($4,680,637) except as provided for in Section 3 of the Agreement. The total payment is
based on compensation amounts presented below to the scopes of services set forth in this Amendment
No. 1.
Delete Sections 6.1.3, 6.1.4, 6.1.5 and 6.1.6 of the Agreement and include the following:
For services performed under this Amendment No. 1, CITY OF FAYETTEVILLE shall pay the sum of
the following estimated cost for engineering services, subject to the cost not -to -exceed set out herein:
6.1.3 Construction Phase Services, including Resident Project Representative (RPR) Services
6.1.3.1 The Scope of Services during the Construction Phase for the Westside Wastewater Treatment
Plant, Broyles Road Improvement, and the Wetlands Mitigation Site described herein is
estimated to be $4,209,200 .
6.1.4 Post -Construction Phase Services, O&M Manual Preparation and Training, and Startup Services
during Construction Phase
6.1.4.1 The Scope of Services during the Post -Construction Phase for the Westside Wastewater
Treatment Plant, Broyles Road Improvement, and the Wetlands Mitigation Site described herein
is estimated to be $471,437 .
6.1.5 Additional Services
For authorized Additional engineering services under Section 3, "Additional Services," compensation to
MWY shall be negotiated at the time Additional Services are authorized.
6.1.6 Basis of Compensation
6.1.6.1 The CITY OF FAYETTEVILLE agrees that the MWY's not -to -exceed upper limit for this
Amendment No. l is based on the durations indicated in Section 5.3 of this Amendment No. 1
and if the construction period or operation period is extended that MWY shall be entitled to
additional compensation.
6.1.6.2 Subject to prior City Council approval, adjustment of the compensation may be made should
MWY establish and CITY OF FAYETTEVILLE agree that there has been or is to be a
significant change in scope, complexity or character of the services to be performed; or if CITY
OF FAYETTEVILLE decides to amend the duration of work from the time period specified in
the amended Agreement for completion of work and such modification warrants such
adjustment.
6.1.6.3 Monthly statements for each payroll month shall be submitted to CITY OF FAYETTEVILLE or
such parties as CITY OF FAYETTEVILLE may designate for these services consistent with
Fy-317 Amendment 1 Page 5
MWY's normal billing schedule. Once established, the billing schedule shall be maintained
throughout the duration of the Project. Applications for payment shall be made in accordance
with a format to be developed by MWY and approved by CITY OF FAYETTEVILLE. Final
payment for these services shall be made upon CITY OF FAYETTEVILLE's approval and
acceptance with the satisfactory completion of this phase for the Project.
6.1.6.4 Hourly billing rates plus reimbursable direct expenses shall be used as the basis for determining
payment to MWY for the costs incurred by MWY while providing the services described in this
Amendment No. 1. Costs include but not limited to the salaries and benefits paid to employees
engaged directly in providing the services and profit. The current hourly billing rates are
included as Appendix C to this Amendment. Rates will be adjusted each January 1.
6.1.6.5 The following direct expenses are considered reimbursable and are included in the not -to -exceed
amount.
6.1.6.5.1 For outside expenses incurred by MWY, such as authorized travel and subsistence,
commercial services, courier deliveries, and incidental expenses, the cost to MWY plus 5
percent.
6.1.6.5.2 Subcontract costs.
6.1.6.6 The following direct expenses are also considered reimbursable and are not a part of the not -to -
exceed amount.
6.1.6.6.1 Charges of special consultants requested by CITY OF FAYETTEVILLE,
6.1.6.6.2 Special insurance coverage required by CITY OF FAYETTEVILLE.
6.1.6.6.3 Local taxes or fees applicable to the engineering work or payments therefor.
6.1.6.6.4 Cost of acquiring any other materials or services specifically for and applicable to only
this project.
6.1.6.7 It is understood and agreed that the not -to -exceed cost is based on the start of the services being
authorized not later than October 3, 2005. If start of services is not authorized by dates given, it
is understood and agreed that the not -to -exceed cost will be adjusted accordingly by an
amendment to the Agreement.
6.1.6.8 It is understood and agreed that MWY shall keep records of costs and expenses on the basis of
generally accepted accounting practice, and records shall be available for inspection at
reasonable times.
All other provisions of the original Agreement remain in full force and. effect.
Fy-317 Amendment 1
Page 6
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this
1 Sk day of u n. o 1201)!5 -
CITY OF FAYE EVILLE, ARKANSAS
��++n��riirar
FR R s,,
" • c^ Mayor
FAYETTEVILLE:
ATTEST:
IP 9 I(A NSP�J=`' By:
TON �'��`City Clerk
McGOODWIN, WILLIAMS AND YATES, INC.
By:
� Q6zy1---
Title:V d
END OF AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Fy-317 Amendment 1 Page 7
0 0
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX B-1
SCOPE OF SERVICES FOR CONSTRUCTION PHASE
WESTSIDE WASTEWATER TREATMENT PLANT, BROYLES ROAD
IMPROVEMENTS, AND WETLANDS MITIGATION PROJECT
This is Appendix B-1, consisting of 3 pages, referred to in and part of the Agreement For
Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and
McGOODWIN, WILLIAMS AND YATES, INC. (MWY) dated July 15, 2003.
Initial:
CITY OFF YETTEVILLE . C
MWY
The following is the Scope of Services for the Construction Phase.
B-1.1 General
By performing these services, MWY shall not have authority or responsibility to supervise,
direct, or control the Contractor's work or the Contractor's means, methods, technique,
sequences, or procedures of construction. MWY shall not have authority or responsibility for
safety precautions and programs incident to the Contractor's work or for any failure of the
Contractors to comply with laws, regulations, rules, ordinances, codes, or orders applicable to
the Contractor(s) furnishing and performing the work. Specific services to be performed by
MWY are as follows:
134.2 Management
B-1.2.1 MWY's management functions required to complete services to be provided under this
Agreement shall include all project correspondence with the CITY OF FAYETTEVILLE,
consultation and coordination with the CITY OF FAYETTEVILLE, supervision and
coordination of the services provided by MWY including scheduling and assignment of
personnel, invoicing, and continuous monitoring of the progress of the services.
B-1.3 Office Support Services During Construction
B-1.3.1 Receive the Contractor's insurance certificates and forward to CITY OF FAYETTEVILLE for
review and acceptance by the CITY OF FAYETTEVILLE's legal counsel.
B-1.3.2 Review and comment to CITY OF FAYETTEVILLE on the Contractor's initial and updated
construction schedule(s) if requested by CITY OF FAYETTEVILLE. M WY's review shall be
for general conformity to the provisions of the Contract Documents, to determine if the
Contractor's construction schedule and activity sequence include the completion dates, and
construction sequencing for any special conditions. MWY's review shall not include an
analysis of Contractor's approach, means and methods of construction for performing the
work specified in the Contract Documents.
Fy-317 Amendment 1 Appendix B-1 - 1
0 0
B-1.3.3 Review and comment to CITY OF FAYETTEVILLE on the Contractor's initial schedule of
values and schedule of estimated monthly payments.
B-1.3.4 Review guarantees, bonds, and certificates of inspection, and tests and approvals which are to
be assembled by the Contractor(s) in accordance with the construction Contract Documents,
and transmit them to CITY OF FAYETTEVILLE. MWY's review is not a legal review to
determine if the Contractor's guarantees and bonds comply with all applicable requirements of
the Contract Documents.
B-1.3.5 Review drawings and other data submitted by the Contractor as required by the construction
Contract Documents. MWY's review shall be for general conformity to the construction
Contract Documents and shall not relieve the Contractor of any of his contractual
responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or
procedures of construction, or to safety precautions and programs incident hereto. This task
does not pertain to review and organization of manufacturer's O&M manuals, which is
described in another task.
B-1.3.6 Interpret construction Contract Documents when requested. Requests for interpretations,
clarifications or information shall be in writing through the CITY OF FAYETTEVILLE.
Responses to Contractor shall be through the CITY OF FAYETTEVILLE.
B-1.3.7 Review Contractor's applications for payment and supporting data, determine the amounts
owed to Contractor, and recommend to the CITY OF FAYETTEVILLE, in writing, approval
of all payments to Contractor in accordance with the Contract Documents. MWY's review
shall be for the purpose of making a full independent mathematical check of the Contractor's
payment request.
B-1.3.8 Prepare routine Change Orders as required and submit to CITY OF FAYETTEVILLE.
Review CITY OF FAYETTEVILLE or Contractor documentation and prepare any additional
documentation required to administer the processing of change order, including applications
for extension of construction time. Provide opinion to the CITY OF FAYETTEVILLE of the
performance by the parties thereto, and make recommendations to CITY OF
FAYETTEVILLE on claims of CITY OF FAYETTEVILLE and Contractor(s) relating to the
execution and progress of the Work and other matters and questions related thereto; but MWY
shall not be liable for the results of any such interpretations, opinions, recommendations, or
decisions rendered by MWY in good faith.
If required, evaluate the cost and scheduling aspects of all change orders and, where necessary,
negotiate with the Contractor to obtain a fair price for the work. Said negotiation shall be
subject to the approval of CITY OF FAYETTEVILLE. Services related to unusually complex
or unusually numerous claims are considered an Additional Service.
BA.3.9 Provide monthly progress reports to CITY OF FAYETTEVILLE.
B-1.3.10 Review and make recommendations regarding "or equal" submittals in accordance with
Construction Contract General Conditions.
B-1.3.11 Provide to the CITY OF FAYETTEVU LE, in a format acceptable to the CITY OF
FAYETTEVILLE, such progress reports; pay applications; project summaries; and other data
as may be required, for posting by others on a project web site to allow the public to monitor
Fy-317 Amendment 1
Appendix B-1 - 2
and review the activities; materials; and financial status of the project. Update the data
supplied to the CITY OF FAYETTEVILLE when requested.
B-1.4 Field Support Services During Construction
B-1.4.1 Attend a preconstruction conference to be conducted by the State of Arkansas Soil & Water
Conservation Commission.
B-1.4.2 Conduct a monthly progress meeting with Contractor and prepare and distribute minutes of the
meeting. While on-site, observe progress of the work, and consult with CITY OF
FAYETTEVILLE and the Contractor concerning problems and/or progress of the construction.
B-1.43 Design team personnel with areas of responsibilities including project management, structural,
process, mechanical, HVAC, electrical, control and instrumentation, geotechnical, and
architectural will make periodic site visits. These site visits will be at intervals appropriate to
the stages of construction to consult with and advise the Resident Project Representative,
observe the progress and quality of the executed Work, and to determine, in general, if the
Project is proceeding in accordance with the Contract Documents. A written report
summarizing discussions, site observations, and periodically established objectives shall be
provided to CITY OF FAYETTEVILLE for distribution.
B-1.4.4 Investigate any unforeseen subsurface conditions or unforeseen underground facilities that may
be encountered in accordance with Construction Contract General Conditions. Submit written
conclusions to CITY OF FAYETTEVILLE.
B-1.4.5 Investigate claims of CITY OF FAYETTEVILLE and the Contractor relating to the
acceptability of the work or the interpretation of the requirements of the construction Contract
Documents. Submit written conclusions to CITY OF FAYETTEVILLE.
B-1.4.6 Analyze data from performance testing of equipment by the Contractor or supplier when the
construction Contract Documents require the equipment to be tested after installation. Submit
written conclusions to CITY OF FAYETTEVILLE.
B-1.4.7 Conduct a Substantial Completion inspection of the construction work and prepare a punch -list
of those items to be completed or corrected before final completion of the project. Submit
written results of the inspection to CITY OF FAYETTEVILLE and the Contractor.
B-1.4.8 Conduct a final inspection to determine if the construction is completed. MWY shall submit
written results to CITY OF FAYETTEVILLE and provide written recommendations
concerning final payment to CITY OF FAYETTEVILLE, including a list of items, if any, to be
completed prior to making such payment.
Fy-317 Amendment 1
Appendix B-1 - 3
0 0
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX B-2
SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE, OPERATIONS AND
MAINTENANCE MANUAL PREPARATION
WESTSIDE WASTEWATER TREATMENT PLANT, BROYLES ROAD
IMPROVEMENTS, AND WETLANDS MITIGATION PROJECT
This is Appendix B-2, consisting of 2 pages, referred to in and part of the Agreement For
Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and
McGOODWIN, WILLIAMS AND YATES, INC. (MWY) dated July 15, 2003.
Initial:
CITY OF AYETTEV ILLE
MW """ ���
The following is the Scope of Services for the Post-Constructi Phase.
B-2.1 General
B-2.1.1 MWY agrees to provide the following services after completion of the project. The project is
identified as the Westside Wastewater Treatment Plant, Broyles Road Improvements, and
Wetlands Mitigation Project, and defined in the construction documents prepared by MWY.
B-2.1.2 Prepare, after completion of construction, a Record Set of construction drawings based on the
construction records maintained and submitted by Contractor and Resident Project
Representative. Record Set of construction drawings shall be provided in electronic CADD
files.
B-2.2 Consultation
B-2.2.1 MWY agrees to make available the services of design team members for consultation.
B-2.3 Training and Project Performance Evaluation
B-23.1 Provide 80 hours of on-site training of the CITY OF FAYETTEVILLE operation staff.
B-2.3.2 Make change in staffing recommendations to CITY OF FAYETTEVILLE.
B-2.3.3 Provide observations and recommendations to CITY OF FAYETTEVILLE operational staff
regarding unit processes.
B-2.3.4 Recommend changes to the CITY OF FAYETTEVILLE user charge ordinance, if required.
B-2.3.5 Prepare a Preliminary Operation and Maintenance (O&M) Manual for the wastewater
treatment facilities approximately two months prior to project completion and submit to CITY
OF FAYETTEVILLE and Arkansas Soil & Water Conservation Commission (ASWCC).
Fy-317 Amendment 1
Appendix B-2 - 1
0
B-2.3.6 Prepare a Final O&M Manual after review and comment by ASWCC and submit to CITY OF
FAYETTEVILLE,
B-2.3.7 Prepare three quarterly project performance reports and one final report to determine if the
performance provisions of the contract have been met.
13-2.3.8 Prepare and submit to CITY OF FAYETTEVILLE and ASWCC a Corrective Action Plan to
address operating deficiencies at the end of the one-year Project Performance Period, if
necessary. If a Corrective Action Plan is necessary, it shall be covered under Additional
Services,
B-2.3.9 Manufacturers' Maintenance Manuals. The manufacturers' O&M manuals submitted shall be
reviewed and forwarded to CITY OF FAYETTEVILLE.
B-2.4 Training and Startup Support
B-2.4.1 MWY. will provide the following services during startup and training:
B-2.4.2 Review and comment on startup procedures proposed by the Contractor. The purpose of this
review is to confirm the availability of the required equipment for each process area, pre-
testing of equipment, and verifying that chemicals, lubricants and expendables are available,
work assignments are made, and startup procedures are coordinated with existing plant
operations.
B-2.5 Broyles Road Improvements
B-2.5.1 Provide a two-year performance review and submit written conclusions to CITY OF
FAYETTEVILLE.
B-2.5.2 If a Corrective Action Plan is necessary, it shall be covered under Additional Services.
Fy-317 Amendment 1 Appendix B-2 - 2
C
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX B-3
SCOPE OF SERVICES FOR RESIDENT PROJECT REPRESENTATIVE SERVICES
DURING CONSTRUCTION PHASE
WESTSIDE WASTEWATER TREATMENT PLANT, BROYLES ROAD
IMPROVEMENTS, AND WETLANDS MITIGATION PROJECT
This is Appendix B-3, consisting of 4 pages, referred to in and part of the Agreement For
Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and
McGOODWIN, WILLIAMS AND YATES, INC. (MWY) dated July 15, 2003.
Initial: l
CITY OF YETTEVILLE C
MWY
The following is the Scope of Services for the Resident Proje t epresentative Services During
Construction Phase.
B-3.1 General
B-3.1.1 MWY agrees to furnish a Resident Project Representative to observe the Contractor's work
and perform the services listed below, The Resident Project Representative shall not have
responsibility for the superintendence of construction site conditions, safety, safe practices or
unsafe practices or conditions, operation, equipment, or personnel other than employees of
MWY. This service will in no way relieve the Contractor of supervision and inspection of the
work or the Contractor's obligation for compliance with the Contract Documents. The
Contractor shall have sole responsibility for safety and for maintaining safe practices and
avoiding unsafe practices or conditions. Specific services performed by the Resident Project
Representative and assistants are as follows:
B-3.2 Site Observations
B-3.2.1 Conduct on-site observations of the general progress of the work to assist MWY in
determining if the work is proceeding in accordance with the construction Contract
Documents.
B-3.2.2 Assist in MWY's liaison with the Contractor and MWY in providing interpretation of the
construction Contract Documents.
B-3.2.3 Assist MWY in serving as CITY OF FAYETTEVILLE's liaison with the Contractor.
B-3.2.4 As requested by MWY, assist in obtaining from CITY OF FAYETTEVILLE additional details
or information when required at the job site for proper execution of the work.
B-3.2.5 Report to MWY, giving opinions and suggestions based on the Resident Project
Representative's observations regarding defects or deficiencies in the Contractor's work and
relating to compliance with drawings, specifications, and design concepts.
Fy-317 Amendment 1 Appendix B-3 - 1
0
B-3.2.6 Advise MWY and the Contractor immediately of the commencement of any work requiring a
shop drawing or sample submission if the submission has not been reviewed by MWY or has
been not been resubmitted for review if required.
B-3.2.7 Observe pertinent site conditions when the Contractor maintains that differing subsurface and
physical conditions have been encountered, and assist in documenting actual site conditions.
B-3.2.$ Assist MWY in coordinating scheduling of activities to minimize conflicts with CITY OF
FAYETTEVILLE's activities.
B-3.2.9 Visually inspect materials, equipment, and supplies delivered to the worksite. Advise MWY in
rejection of materials, equipment, and supplies which do not conform to the construction
Contract Documents.
B-3.2.10 Coordinate onsite materials testing services during construction.
B-3.2.11 Observe field tests of equipment, structures; and piping, and review the resulting reports,
commenting to MWY, as appropriate.
B-3.3 Outside Liaison and Public Information Services
B-3.3.1 Accompany visiting inspectors representing public or other agencies having jurisdiction over
the project. Record the names of the inspectors, and the results of the inspections, and report to
MWY.
B-3.4 Meetings, Reports, and Document Review and Maintenance
B-3.4.1 Attend the preconstruction conference.
B-3.4.2 Attend monthly progress meetings, and other meetings with CITY OF FAYETTEVILLE and
the Contractor when requested by MWY.
B-3.4.3 Maintain daily construction progress reports containing a•summary of the Contractor's progress
including general condition of the work, problems, and resolutions or proposed resolutions to
problems.
B-3.4.4 Assist MWY in reviewing the schedule of shop drawings submissions, and schedule of values
prepared by the Contractor, and assist MWY concerning their acceptability.
B-3.4.5 Report to MWY regarding work which is known to be defective, or which fails any required
inspections, tests, or approvals, or has been damaged prior to final payment.
B-3.4.6 Review applications for payment with the Contractor for compliance with the established
procedure for their submission, and forward them to MWY, noting particularly their relation to
the schedule of values, work completed, and materials and equipment delivered at the site, but
not incorporated into the work.
B-3.4.7 Record date of receipt of shop drawing samples. Receive samples which are furnished at the
site by the Contractor, and notify MWY of their availability for examination.
Fy-317 Amendment t Appendix B-3 - 2
0 i
B-3.4.8 Maintain a marked set of drawings and specifications at the jobsite based on data provided by
the Contractor. This information will be combined with information from the record
documents maintained by the Contractor. Upon completion of the work, forward the record
documents to MWY.
B-3.4.9 Review certificates of inspections, tests, and related approvals submitted by the Contractor as
required by laws, rules, regulations, ordinances, codes, orders, or the Contract Documents (but
only to verify that their content complies with the requirements of, and the results certified
indicate compliance with, the construction Contract Documents). This service is limited to a
review of items submitted'by the Contractor and does not extend to a determination of whether
the Contractor has complied with all legal requirements.
B-3.4.10 Maintain the following documents at the jobsite.
B-3.4.10.1 Correspondence files.
B-3.4.10.2 Reports of jobsite conferences, meetings, and discussions among -MWY and
Contractor.
B-3.4.10.3 Submittals of shop drawings and samples.
B-3.4.10.4 Reproductions of original construction Contract Documents.
B-3.4.10.5 Addenda.
B-3.4.10.6 Change orders.
B-3.4.10.7 Field orders.
B-3.4.10.8 Work change directives.
B-3.4.10.9 Requests for interpretation.
B-3.4.10.10 Requests for Proposal and Associated Response.
B-3.4.10.11 Additional drawings issued subsequent to execution of the construction Contract
Documents.
B-3.4.10.12 Progress reports.
B-3.4.10.13 Names, addresses, and telephone numbers of all contractors,
subcontractors, and major suppliers of materials and equipment.
B-3.4.10.14 Maintain a diary or log book of significant events at the jobsite, including the
following information. The diary or log book shall remain the property of MWY.
Days the Contractor worked on the jobsite.
Approximate number of Contractor and subcontractor personnel on jobsite.
Construction equipment on the jobsite.
Fy-317 Amendment 1 Appendix B-3 - 3
0
Observed delays and causes.
Weather conditions.
Data relative to claims for extras or deductions.
Construction activities.
Observations pertaining to the progress of the work.
Materials received on jobsite.
B-3.5 Assistance with Substantial Completion
U
B-3.5.1 Assist MWY in conducting Substantial Completion inspection in the company of CITY OF
FAYETTEVILLE and the Contractor, and prepare a list of items to be completed or corrected.
B-3.5.2. Observe that all items on the list have been completed or corrected, and submit to MWY.
B-3.6 Assistance with Final Completion
B-3.6.1 Assist MWY in conducting final inspection in the company of CITY OF FAYETTEVILLE
and the Contractor, and prcpare a final list of items to be completed or corrected.
B-3.6.2 Verify that all items on the final list have been completed or corrected, and report to MWY.
Fy-3 l7 Amendment 1
Appendix B-3 - 4
0
APPENDIX C
ATTACHMENT TO AGREEMENT FOR ENGINEERING SERVICES
SCHEDULE OF CLASSIFICATIONS AND RATES FOR 2005'
Classification
Hourly Rate
Engineer6................................................................ $165.00
Engineer 5................................................................ 142.00
Engineer4................................................................ 130.00
Engineer3................................................................ 112.00
Engineer2................................................................ 81.50
Engineer1................................................................ 66.50
Architect 2............................................................. $ 102.50
Architect1.............................................................. 95.00
Technician 6 ............................................................ $ 92.50
Technician 5............................................................. 79.00
Technician4............................................................. 64.00
Technician 3............................................................. 53.00
Technician2............................................................. 40.00
Technician1............................................................. 30.00
Admin5................................................................... $ 73.00
Admin4................................................................... 59.00
Admin3................................................................... -46.00
Admin2................................................................... 35.00
Admin1.................................................................... 30.00
GPS Surveying Equipment (when utilized) .............. $ 55.00
Hourly rate schedules will be adjusted annually each January 1.
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
Fayetteville, Arkansas
January 1, 2005
y�lle
0 0 /.;t 1�5
City Council Meeting of July21, 2005
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
From: Bob Davis, P.E., Water & Wastewater Director
Date: June 3, 2005
Subject: Approval of a contract amendment for McGoodwin Williams & Yates to
provide Construction Phase Services dealing with the construction and
post -construction activities associated with the Westside Wastewater
Treatment Plant, Broyles Road, and the Wetland Mitigation Project.
RECOMMENDATION : Staff recommends approval of this contract amendment in the
amount of $4,680,637. Presentation of this amendment to the Fayetteville, AR Water &
Sewer committee resulted in unanimous approval. This recommendation was preceeded
by a thorough review of proposed tasks'presented by McGoodwin Williams & Yates
including an intense question and answer session, negotiation and refinement, and finally,
revision of their preliminary proposal. A detailed breakdown of tasks and estimated
hours for each task are provided on the spreadsheet(s) included with this memo.
McGoodwin Williams & Yates has designed this work, and continuation of construction
phase services with this firm (including shop drawing review, inspection of the
construction work, and general resident engineer services) will provide the City with
continuation of responsible charge and subsequent engineering responsibility by a single,
consistent entity (McGoodwin Williams & Yates).
BACKGROUND: As part of the Wastewater Systems Improvement Project (WSIP) the
City of Fayetteville has undertaken design and construction of a 10 Million Gallon per
Day (MGD) annual average flow wastewater treatment plant to be constructed on the
west side of Fayetteville, AR in the Illinois River drainage basin. All flows generated
within the Illinios River drainage basin will be pumped to the new facility via two force
mains constructed under another project. An upgrade and extension of 13royles Road and
construction of a Wetlands Mitigation project will also be including in the project. The
estimated cost of the project is approximately $48 million dollars.
DISCUSSION: The contractor and subcontractor pre -qualification process for the
Westside Plant which concluded on May 26, 2005 with a response from 9 general
contractors. Staff is presently reviewing the pre -qualification submittals. The bidding
process for general contractors will begin on June 20, 2005 with a bid opening scheduled
for July 21, 2005. The construction project is presently scheduled to begin on October 3,
2005.
BUDGET IMPACT: Payment for construction phase services offered by Black &
Veatch will be from the 3/4 —cent sales tax bond election held on November 6, 2001 for
the Wastewater System Improvements Project. Funding through the Arkansas Soil and
Water Conservation Commission will not be used to fund this expense. The
0 0
y�lle
City Council Meeting of July21, 2005
$4,680,637.00 requested for these services is 3.7% of the $125,000,000.00 budget
allocated for the Wastewater System Improvements Project.
• 0
RESOLUTION NO.
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE
PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH
McGOODWIN, WILLIAMS AND YATES, INC. IN THE AMOUNT
OF $4,680,637.00 TO PROVIDE CONSTRUCTION PHASE
SERVICES ASSOCIATED WITH THE WESTSIDE WASTEWATER
TREATMENT PLANT, BROYLES ROAD IMPROVEMENTS AND
THE WETLAND MITIGATION PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of Fayetteville, Arkansas, hereby
approves Amendment No. 1 to the Professional Engineering Services Contract
with McGoodwin, Williams and Yates, Inc. in the amount of $4,680,637.00 to
provide construction phase services associated with the Westside Wastewater
Treatment Plant, Broyles Road Improvements and the Wetland Mitigation
Project. A copy of Amendment No. 1, marked Exhibit "A" is attached hereto and
made a part hereof.
A
12
PASSED and APPROVED this 21St day of June, 2005.
APPROVED:
By:
1"%Alli
0 0
AMENDMENT NO. 1
TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
BETWEEN
CITY OF FAYETTEVILLE, ARKANSAS
AND
McGOODWIN, WILLIAMS AND YATES, INC.
WHEREAS, on July 15, 2003, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and
McGoodwin, Williams and Yates, Inc. of Fayetteville, Arkansas (MWY) entered into an Agreement for
engineering services in connection with the Wastewater System Improvement Project; and in particular
the Westside Wastewater Treatment Plant, Broyles Road Improvements, Effluent Line, and Wetlands
Mitigation Site on the wastewater treatment plant property (the "Project"). The scope of these services
included the final design and bidding services, and
WHEREAS, MWY has proceeded with these services in accordance with the scope set forth in the
Agreement, and
WHEREAS, CITY OF FAYETTEVILLE requests that the scope of MWY's services to be amended to
provide Construction Phase; Resident Services During Construction; O&M Manual Preparation, Startup,
Training; and Post -Construction Phase Services for the Project;
NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY
OF FAYETTEVILLE and MWY, the parties hereto, stipulate and agree that the Agreement for
Engineering Services dated July 15, 2003, is hereby amended in the following particulars:
SECTION 2 — BASIC SERVICES OF MWY
2.1 General
2.1.1.3 The Scope of Services to be furnished by MWY during the Construction Phase is hereby included
in Appendix B-1.
2.1.1.4 The Scope of Services to be furnished by MWY during the Post -Construction Phase is hereby
included in Appendix B-2.
2.1.1.5 The Scope of Services to be furnished by MWY during the Resident Services During
Construction Phase is included in Appendix B-3.
2.2 Final Design Phase
2.2.1.5.1 and 2.2.1.5.3 At the request of the CITY OF FAYETTEVILLE, the Broyles Road
Improvements Project, Wetland Mitigation Site Project, and the Westside Wastewater Treatment
Plant Project have been incorporated into one construction contract (Contract WP -3).
2.2.1.5.2 The Westside Wastewater Treatment Plant Effluent Line has been deleted from the Project.
Fy-317 Amendment 1 Page 1
SECTION 3 — ADDITIONAL SERVICES OF MWY
Add the following tasks to SECTION 3 - ADDITIONAL SERVICES OF MWY:
3.1.8 Additional meetings with local, state, or Federal agencies to discuss project.
3. l .9 Review of drawings and other data submitted by Contractor(s) beyond one resubmission because
of failure of Contractor to account for exceptions previously noted by MWY.
3.1.10 Appearances at public hearing meetings or before special boards.
3.1.1 1 Supplemental engineering work required to meet the requirements of regulatory or funding
agencies that become effective subsequent to the date of this amendment.
3.1.12 Special consultants or independent professional associates requested by CITY OF
FAYETTEVILLE.
3.1.22 Evaluation of unusually complex or unreasonably numerous claims submitted by Contractor(s) or
others in connection with the work.
3. t.23 Review and analysis of claims for differing subsurface and physical conditions submitted by the
Contractor(s) or others in connection with the work.
3.1.24 Additions to the resident project representative (RPR) staffing level and/or individual RPR(s)
compensation, based on straight time salary rate, for services extending beyond 40 hours per
week as a result of Contractor(s) scheduled extended workweek.
3.1.25 Prepare applications and supporting documents for governmental grants, loans, or advances.
3.1.26 Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such
engineering data as required for any bond prospectus or other financing requirements.
3.1.27 Making revisions in Drawings, Specifications, or other documents when such revisions are:
3.1.27.1 Inconsistent with approvals or instructions previously given by CITY OF
FAYETTEVILLE, including revisions made necessary by adjustments in CITY OF
FAYETTEVILLE's Program or Project Budget.
3.1.27.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the
preparation of such documents.
3.1.28 Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor, or by failure of performance of either CITY OF
FAYETTEVILLE or Contractor under the Contract for Construction.
3.1.29 Preparation and submittal to the CITY OF FAYETTEVILLE and Arkansas Soil & Water
Conservation Commission (ASWCC) a Corrective Action Plan to address operating deficiencies
at the end of the one-year Project Performance Period, if necessary.
3.1.30 Preparation of or amendments to property and right-of-way documents, including surveys.
SECTION 4 — CITY OF FAYETTEVILLE'S RESPONSIBILITIES
Add the following tasks to SECTION 4 of Agreement:
CITY OF FAYETTEVILLE will furnish and not at the expense of the MArY the following items.
4.13 All maps, drawings, reports, records, manuals, and other data that are available in the files of
CITY OF FAYETTEVILLE and which may be useful in the work involved under this
Amendment.
SECTION 5 — PERIOD OF SERVICE
5.3 The services described in this Amendment are expected to be completed in accordance with the
following schedules:
Fy-317 Amendment 1 Page 3
i
WESTSIDE WASTEWATER TREATMENT PLANT
Construction Phase Services,
Resident Project Representative Services
O&M Manual Preparation and
Startup and Training
Project Performance Certification Services
BROYLES ROAD IMPROVEMENTS
Construction Phase Services,
Resident Project Representative Services
WETLANDS MITIGATION
Construction Phase Services,
Resident Project Representative Services
O&M Manual Preparation and
Startup and Training
Project Performance Certification Services
1-1
Thirty-three (33) months from time of
Notice to Proceed to Contractor by the
CITY OF FAYETTEVILLE.
Complete within 180 days following
Contractor's Substantial Completion.
Complete three quarterly project performance
reports; complete one final project
performance report within 90 days of the
one-year project performance period.
Thirty-three (33) months from time of
Notice to Proceed to Contractor by the
CITY OF FAYETTEVILLE.
Thirty-three (33) months from time of
Notice to Proceed to Contractor by the
CITY OF FAYETTEVILLE.
Complete within 180 days following
Contractor's Substantial Completion.
Complete three quarterly project performance
reports; complete one final project
performance report within 90 days of the
one-year project performance period.
CITY OF FAYETTEVILLE agrees to adjust schedule if the Notice to Proceed is delayed beyond
October 3, 2005, and/or the construction period exceeds thirty-three (33) months.
5.4 The provisions of this Amendment have been agreed to in anticipation of the orderly progress of
construction through completion of the services stated in this Amendment. MWY will proceed
with providing the authorized services immediately upon receipt of written authorization from
CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized
and the time in which the services are to be completed as defined in this Amendment.
Fy-317 Amendment 1 Page 4
SECTION 6 — PAYMENTS TO MWY
6.1 Compensation
For the scope of services set forth in the final design and bidding phase and as may have been amended,
plus the Basic Services set forth in this Amendment No. 1, CITY OF FAYETTEVILLE agrees to pay
MWY the amounts indicated for each phase of the work. The total payment for the work set out in this
Amendment to MWY shall not exceed Four Million Six Hundred Eighty Thousand Six Hundred Thirty -
Seven Dollars ($4,680,637) except as provided for in Section 3 of the Agreement. The total payment is
based on compensation amounts presented below to the scopes of services set forth in this Amendment
No. 1.
Delete Sections 6.1.3, 6.1.4, 6.1.5 and 6.1.6 of the Agreement and include the following:
For services performed under this Amendment No. 1, CITY OF FAYETTEVILLE shall pay the sum of
the following estimated cost for engineering services, subject to the cost not -to -exceed set out herein:
6.1.3 Construction Phase Services, including Resident Project Representative (RPR) Services
6.1.3.1 The Scope of Services during the Construction Phase for the Westside Wastewater Treatment
Plant, Broyles Road Improvement, and the Wetlands Mitigation Site described herein is
estimated to be $4,209,200.
6.1.4 Post -Construction Phase Services, O&M Manual Preparation and Training, and Startup Services
during Construction Phase
6.1.4. l The Scope of Services during the Post -Construction Phase for the Westside Wastewater
Treatment Plant, Broyles Road Improvement, and the Wetlands Mitigation Site described herein
is estimated to be $471,437 .
6.1.5 Additional Services
For authorized Additional engineering services under Section 3, "Additional Services," compensation to
MWY shall be negotiated at the time Additional Services are authorized.
6.1.6 Basis of Compensation
6.1.6.1 The CITY OF FAYETTEVILLE agrees that the MWY's not -to -exceed upper limit for this
Amendment No. 1 is based on the durations indicated in Section 5.3 of this Amendment No. 1
and if the construction period or operation period is extended that MWY shall be entitled to
additional compensation.
6. L6.2 Subject to prior City Council approval, adjustment of the compensation may be made should
MWY establish and CITY OF FAYETTEVILLE agree that there has been or is to be a
significant change in scope, complexity or character of the services to be performed; or if CITY
OF FAYETTEVILLE decides to amend the duration of work from the time period specified in
the amended Agreement for completion of work and such modification warrants such
adjustment.
6.1.6.3 Monthly statements for each payroll month shall be submitted to CITY OF FAYETTEVILLE or
such parties as CITY OF FAYETTEVILLE may designate for these services consistent with
Fy-317 Amendment 1
Page 5
MWY's normal billing schedule. Once established, the billing schedule shall be maintained
throughout the duration of the Project. Applications for payment shall be made in accordance
with a format to be developed by MWY and approved by CITY OF FAYETTEVILLE. Final
payment for these services shall be made upon CITY OF FAYETTEVILLE's approval and
acceptance with the satisfactory completion of this phase for the Project.
6.1.6.4 Hourly billing rates plus reimbursable direct expenses shall be used as the basis for determining
payment to MWY for the costs incurred by MWY while providing the services described in this
Amendment No. 1. Costs include but not limited to the salaries and benefits paid to employees
engaged directly in providing the services and profit. The current hourly billing rates are
included as Appendix C to this Amendment. Rates will be adjusted each January 1.
6.1.6.5 The following direct expenses are considered reimbursable and are included in the not -to -exceed
amount.
6.1.6.5.1 For outside expenses incurred by MWY, such as authorized travel and subsistence,
commercial services, courier deliveries, and incidental expenses, the cost to MWY plus 5
percent.
6.1.6.5.2 Subcontract costs.
6.1.6.6 The following direct expenses are also considered reimbursable and are not a part of the not -to -
exceed amount.
6.1.6.6.1 Charges of special consultants requested by CITY OF FAYETTEVILLE.
6.1.6.6.2 Special insurance coverage required by CITY OF FAYETTEVILLE.
6.1.6.6.3 Local taxes or fees applicable to the engineering work or payments therefor.
6.1.6.6.4 Cost of acquiring any other materials or services specifically for and applicable to only
this project.
6.1.6.7 It is understood and agreed that the not -to -exceed cost is based on the start of the services being
authorized not later than October 3, 2005. If start of services is not authorized by dates given, it
is understood and agreed that the not -to -exceed cost will be adjusted accordingly by an
amendment to the Agreement.
6.1.6.8 It is understood and agreed that MWY shall keep records of costs and expenses on the basis of
generally accepted accounting practice, and records shall be available for inspection at
reasonable times.
All other provisions of the original Agreement remain in full force and effect.
Fy-317 Amendment 1 Page 6
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this
day of ,20
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor
ATTEST:
By:
City Clerk
McGOODWIN, WILLIAMS AND YATES, INC.
By:
Title:
END OF AMENDMENT NO. l TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Fy-317 Amendment 1 Page 7
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX B-1
SCOPE OF SERVICES FOR CONSTRUCTION PHASE
WESTSIDE WASTEWATER TREATMENT PLANT, BROYLES ROAD
IMPROVEMENTS, AND WETLANDS MITIGATION PROJECT
This is Appendix B-1, consisting of 3 pages, referred to in and part of the Agreement For
Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and
McGOODWIN, WILLIAMS AND YATES, INC. (MWY) dated July 15, 2003.
Initial:
CITY OF FAYETTEVILLE
MWY
The following is the Scope of Services for the Construction Phase.
B-1.1 General
By performing these services, MWY shall not have authority or responsibility to supervise,
direct, or control the Contractor's work or the Contractor's means, methods, technique,
sequences, or procedures of construction. MWY shall not have authority or responsibility for
safety precautions and programs incident to the Contractor's work or for any failure of the
Contractors to comply with laws, regulations, rules, ordinances, codes, or orders applicable to
the Contractor(s) furnishing and performing the work. Specific services to be performed by
MWY are as follows:
B-1.2 Management
B-1.2.1 MWY's management functions required to complete services to be provided under this
Agreement shall include all project correspondence with the CITY OF FAYETTEVILLE,
consultation and coordination with the CITY OF FAYETTEVILLE, supervision and
coordination of the services provided by MWY including scheduling and assignment of
personnel, invoicing, and continuous monitoring of the progress of the services.
B-1.3 Office Support Services During Construction
B-1.3.1 Receive the Contractor's insurance certificates and forward to CITY OF FAYETTEVILLE for
review and acceptance by the CITY OF FAYETTEVILLE's legal counsel.
B-1.3.2 Review and comment to CITY OF FAYETTEVILLE on the Contractor's initial and updated
construction schedule(s) if requested by CITY OF FAYETTEVILLE. MWY's review shall be
for general conformity to the provisions of the Contract Documents, to determine if the
Contractor's construction schedule and activity sequence include the completion dates, and
construction sequencing for any special conditions. MWY's review shall not include an
analysis of Contractor's approach, means and methods of construction for performing the
work specified in the Contract Documents.
Fy-317 Amendment 1
Appendix B-1 - 1
B-1.3.3 Review and comment to CITY OF FAYETTEVILLE on the Contractor's initial schedule of
values and schedule of estimated monthly payments.
B-1.3.4 Review guarantees, bonds, and certificates of inspection, and tests and approvals which are to
be assembled by the Contractor(s) in accordance with the construction Contract Documents,
and transmit them to CITY OF FAYETTEVILLE. MWY's review is not a legal review to
determine if the Contractor's guarantees and bonds comply with all applicable requirements of
the Contract Documents.
B-1.3.5 Review drawings and other data submitted by the Contractor as required by the construction
Contract Documents. MWY's review shall be for general conformity to the construction
Contract Documents and shall not relieve the Contractor of any of his contractual
responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or
procedures of construction, or to safety precautions and programs incident hereto. This task
does not pertain to review and organization of manufacturer's O&M manuals, which is
described in another task.
B-1.3.6 Interpret construction Contract Documents when requested. Requests for interpretations,
clarifications or information shall be in writing through the CITY OF FAYETTEVILLE.
Responses to Contractor shall be through the CITY OF FAYETTEVILLE.
B-1.3.7 Review Contractor's applications for payment and supporting data, determine the amounts
owed to Contractor, and recommend to the CITY OF FAYETTEVILLE, in writing, approval
of all payments to Contractor in accordance with the Contract Documents. MWY's review
shall be for the purpose of making a full independent mathematical check of the Contractor's
payment request.
B-1.3.8 Prepare routine Change Orders as required and submit to CITY OF FAYETTEVILLE.
Review CITY OF FAYETTEVILLE or Contractor documentation and prepare any additional
documentation required to administer the processing of change order, including applications
for extension of construction time. Provide opinion to the CITY OF FAYETTEVILLE of the
performance by the parties thereto, and make recommendations to CITY OF
FAYETTEVILLE on claims of CITY OF FAYETTEVILLE and Contractor(s) relating to the
execution and progress of the Work and other matters and questions related thereto; but MWY
shall not be liable for the results of any such interpretations, opinions, recommendations, or
decisions rendered by MWY in good faith.
If required, evaluate the cost and scheduling aspects of all change orders and, where necessary,
negotiate with the Contractor to obtain a fair price for the work. Said negotiation shall be
subject to the approval of CITY OF FAYETTEVILLE. Services related to unusually complex
or unusually numerous claims are considered an Additional Service.
13-1.3.9 Provide monthly progress reports to CITY OF FAYETTEVILLE.
B-1.3.10 Review and make recommendations regarding "or equal" submittals in accordance with
Construction Contract General Conditions.
B-1.3.11 Provide to the CITY OF FAYETTEVILLE, in a format acceptable to the CITY OF
FAYETTEVILLE, such progress reports; pay applications; project summaries; and other data
as may be required, for posting by others on a project web site to allow the public to monitor
Fy-317 Amendment 1 Appendix B-1 - 2