HomeMy WebLinkAbout111-24 RESOLUTIONFile Number: 2024-1829
GARVER, LLC. (AMENDMENT NO. I):
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 111-24
A RESOLUTION TO APPROVE AMENDMENT NO. I TO THE PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH GARVER, LLC. IN AN AMOUNT NOT TO EXCEED $70,500 .00 FOR ADDITIONAL
BIDDING AND CONSTRUCTION PHASE SERVICES ASSOCIATED WITH THE 24-INCH WATERLINE
REPLACEMENT PROJECT
WHEREAS, on July 5, 2022 , City Council passed Resolution No. 152-22 approving a Professional Engineering
Services Agreement with Garver, LLC for design services to replace a 24-inch waterline from South School Avenue to
Martin Luther King Junior Boulevard ; and
WHEREAS, Amendment No. I will include additional bidding services and construction phase services.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I : That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign
Amendment No. I to the professional engineering services agreement with Garver, LLC in the amount of $70,500.00
for additional bidding services and construction phase services associated with the 24-inch Waterline Replacement
Project.
PASSED and APPROVED on April 2 , 2024
Attest:
~~ Kara Paxton , City Clerk Treasurer
Page 1
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-1829
MEETING OF APRIL 2, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
SUBJECT: Garver, LLC – Amendment No. 1 for 24-Inch Waterline Replacement
RECOMMENDATION:
Staff recommends approval of Amendment No. 1 to the engineering services agreement with Garver, LLC for
construction phase services associated with the 24-Inch Waterline Replacement project in an amount not to
exceed $70,500.00.
BACKGROUND:
The City of Fayetteville operates a 24-inch diameter water transmission main that runs approximately 2.3-miles
from S. School Avenue near Tyson Mexican Original westerly to Interstate-49, thence northerly to Martin
Luther King Jr. Blvd. Portions of this Ductile Iron line were installed in the 1960’s through the 1980’s and is in a
corrosive shale-soil environment. The line has experienced frequent leaks and disrupted service in the area.
Based on the City’s current water master plan and water model, the size of this line can be reduced and still
meet the existing and future demands of this area. Therefore, this project will consist of replacements with 18-
inch diameter waterline.
Design and permitting is completed and the project bids were initially very high resulting in value engineering
adjustments and a re-bidding of the project with deductive alternates to remove scope and stay within budget.
DISCUSSION:
Amendment No. 1 will provide funds to cover additional bidding services as well as provide funding for
construction phase services such as assistance with contractor questions in-field, change orders, testing,
progress meetings, as-built plan preparation, and project closeout. The additional fees are hourly not-to-
exceed in the amount of $70,500.00.
BUDGET/STAFF IMPACT:
The proposed contract is hourly in the maximum not-to-exceed amount of $70,500.00. Funds will be
transferred from the General Fund with amounts assigned to this project. Funds being transferred in from the
General Fund for this project are funds that were reimbursed for revenue losses that occurred during 2022 due
to the COVID pandemic.
ATTACHMENTS: SRF (#3), Amendment No. 1 (#4)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-1829
Garver, LLC – Amendment No. 1 for 24-Inch Waterline Replacement
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING
SERVICES AGREEMENT WITH GARVER, LLC. IN AN AMOUNT NOT TO EXCEED $70,500.00
FOR ADDITIONAL BIDDING AND CONSTRUCTION PHASE SERVICES ASSOCIATED WITH
THE 24-INCH WATERLINE REPLACEMENT PROJECT
WHEREAS, on July 5, 2022, City Council passed Resolution No. 152-22 approving a Professional
Engineering Services Agreement with Garver, LLC for design services to replace a 24-inch waterline
from South School Avenue to Martin Luther King Junior Boulevard; and
WHEREAS, Amendment No. 1 will include additional bidding services and construction phase
services.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign Amendment No. 1 to the professional engineering services agreement with Garver, LLC in the
amount of $70,500.00 for additional bidding services and construction phase services associated with
the 24-inch Waterline Replacement Project.
City of Fayetteville Staff Review Form
2024-1829
Item ID
4/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non-Agenda Item
Tim Nyander 3/13/2024 WATER SEWER (720)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of Amendment No. 1 to the engineering services agreement with Garver, LLC
for construction phase services associated with the 24-inch waterline replacement project in an amount
not to exceed $70,500.00.
Budget Impact:
5400.720.5600-5314.00 Water and Sewer
Account Number Fund
12009.2401 Water System Rehabilitation & Replacement
Project Number Project Title
Budgeted Item?Yes Total Amended Budget $8,383,263.00
Expenses (Actual+Encum)$5,491,651.67
Available Budget $2,891,611.33
Does item have a direct cost?Yes Item Cost $70,500.00
Is a Budget Adjustment attached?No Budget Adjustment $-
Remaining Budget $2,821,111.33
V20221130
Purchase Order Number:Previous Ordinance or Resolution #
Change Order Number:Approval Date:
Original Contract Number:
Comments:
Contract Amendment No. 1 1 of 6
24” Water Line Rehabilitation Garver Project No. 21W01161
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
City of Fayetteville, Arkansas
Project No. 21W01161
CONTRACT AMENDMENT NO. 1
This Contract Amendment No. 1 (“Amendment”), effective on the date last written below, shall amend
the original contract between the City of Fayetteville, Arkansas (Owner) and Garver, LLC (Garver),
dated July 5, 2022 referred to in the following paragraphs as the “Agreement.”
This Amendment adds professional services for the 24” Water Line Rehabilitation.
The Agreement is hereby modified as follows:
EXHIBIT A – SCOPE OF SERVICES
SECTION 8 – BIDDING SERVICES
The following language modifies Section 8 Bidding Services of Exhibit A (Scope of Services) as follows:
Revise and add the following:
8.1. Initial Bidding Services
During the initial bidding phase of the project, ENGINEER will:
A. Prepare and submit advertisement for bids to the CITY OF FAYETTEVILLE for publication
by the CITY OF FAYETTEVILLE. The CITY OF FAYETTEVILLE will pay advertising costs
outside of this contract.
B. Provide construction contract documents to the CITY OF FAYETTEVILLE. The CITY OF
FAYETTEVILLE will provide construction contract documents to prospective bidders.
C. Support the contract documents by preparing addenda as appropriate. The CITY OF
FAYETTEVILLE will issue addenda to prospective bidders.
D. Participate in a pre-bid meeting.
E. Attend the bid opening.
F. Evaluate bids and recommend award. The CITY OF FAYETTEVILLE will prepare the bid
tabulation.
G. Prepare construction contracts for execution by the CITY OF FAYETTEVILLE and
contractor. The construction contracts will include addenda, and the ENGINEER will not
conform the construction documents to reflect addenda.
8.2. Re-Bidding Services
During the second bidding phase of the project, ENGINEER will:
A. Make design modifications to both plans and specifications. Provide revised construction
contract documents to the CITY OF FAYETTEVILLE. The CITY OF FAYETTEVILLE will
provide construction contract documents to prospective bidders.
B. Update SWPPP to accommodate the expanded project disturbance area.
C. Support the contract documents by preparing addenda as appropriate. The CITY OF
FAYETTEVILLE will issue addenda to prospective bidders.
Contract Amendment No. 1 2 of 6
24” Water Line Rehabilitation Garver Project No. 21W01161
D. Participate in two pre-bid meetings.
E. Attend the bid opening.
F. Evaluate bids and recommend award. The CITY OF FAYETTEVILLE will prepare the bid
tabulation.
G. Prepare construction contracts for execution by the CITY OF FAYETTEVILLE and
contractor. The construction contracts will include addenda, and the ENGINEER will not
conform the construction documents to reflect addenda.
SECTION 9 – CONSTRUCTION PHASE SERVICES
The following language modifies Section 9 Construction Phase Services of Exhibit A – Scope of
Services as follows:
Omit the following:
9. CONSTRUCTION PHASE SERVICES – Not Used (Future Contract Amendment)
Add the following:
9. CONSTRUCTION PHASE SERVICES
During the construction phase of work, Garver will accomplish the following:
A. Issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting.
B. Attend up to 9 progress/coordination meetings with the Owner/Contractor.
C. Evaluate and respond to construction material submittals and shop drawings. Corrections
or comments made by Garver on the shop drawings during this review will not relieve
Contractor from compliance with requirements of the drawings and specifications. The
check will only be for review of general conformance with the design concept of the Project
and general compliance with the information given in the contract documents. The
Contractor will be responsible for confirming and correlating all quantities and dimensions,
selecting fabrication processes and techniques of construction, coordinating his work with
that of all other trades, and performing his work in a safe and satisfactory manner. Garver’s
review shall not constitute approval of safety precautions or constitute approval of
construction means, methods, techniques, sequences, procedures, or assembly of various
components. When certification of performance characteristics of materials, systems or
equipment is required by the Contract Documents, either directly or implied for a complete
and workable system, Garver shall be entitled to rely upon such submittal or implied
certification to establish that the materials, systems or equipment will meet the performance
criteria required by the Contract Documents.
D. Issue instructions to the Contractor on behalf of the Owner and issue necessary
clarifications (respond to RFIs) regarding the construction contract documents.
E. Review the Contractor’s progress payment requests based on the actual quantities of
contract items completed and accepted, and will make a recommendation to the Owner
regarding payment. Garver’s recommendation for payment shall not be a representation
that Garver has made exhaustive or continuous inspections to (1) check the quality or exact
quantities of the Work; (2) to review billings from Subcontractors and material suppliers to
substantiate the Contractor’s right to payment; or (3) to ascertain how the Contractor has
used money previously paid to the Contractor.
F. Maintain a set of working drawings and prepare and furnish record drawings.
Contract Amendment No. 1 3 of 6
24” Water Line Rehabilitation Garver Project No. 21W01161
G. Provide periodic site visits for approximately 2 hours per week and oversee acceptance
testing.
H. Provide up to 14 hours of survey crew time for field checking quantities, contractor’s layout,
etc.
I. When authorized by the Owner, prepare change orders for changes in the work from that
originally provided for in the construction contract documents. If redesign or substantial
engineering or surveying is required in the preparation of these change order documents,
the Owner will pay Garver an additional fee to be agreed upon by the Owner and Garver.
J. Participate in substantial completion Project inspection and prepare punch list.
K. Participate in final inspection, review final Project closing documents, and submit final pay
request.
The proposed fee for Construction Phase Services is based on a 260-calendar-day construction
contract performance time. If the construction time extends beyond the time established in this
agreement, and the Owner wants Garver to continue the applicable Construction Phase Services,
the Owner will pay Garver an additional fee agreed to by the Owner and Garver.
SECTION 12 – PAYMENT
The following language modifies Section 12 Payment of Exhibit A – Scope of Services as follows:
Modify the following table:
Contract Amendment No. 1 4 of 6
24” Water Line Rehabilitation Garver Project No. 21W01161
WORK DESCRIPTION FEE AMOUNT FEE TYPE
PROJECT MANAGEMENT AND
ADMINISTRATION $7,700
HOURLY RATE +
EXPENSES
SURVEYS $46,500
ENVIRONMENTAL $19,800
CONCEPTUAL DESIGN $54,800
FINAL DESIGN $113,700
INITIAL BIDDING SERVICES $12,500
RE-BIDDING SERVICES $22,000
CONSTRUCTION PHASE SERVICES $48,500
TOTAL FEE $325,500
Terms and conditions of the Agreement not modified herein remain unchanged and in full force and effect.
[Signature Page to Follow]
This Amendment may be executed in two (2) or more counterparts each of which shall be deemed an
original , but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF , Owner and Garver have executed this Amendment effective as of the date
last written below.
By :
Name : Jerry T. Martin , PE
Printed Name Printed Name
Title : Mayor
Date : 04/02/2024
Attest:
Contract Amendment No. 1
24 " Water Line Rehabilitation
Title : Water Team Leader
Date : 03/12/2024
5 of 6
Garver Project No. 21W01161
Contract Amendment No. 1 6 of 6
24” Water Line Rehabilitation Garver Project No. 21W01161
EXHIBIT B
HOURLY RATE SCHEDULE
APPENDIX B
City of Fayetteville, Arkansas
24" Water Line Rehabilitation
All Tasks
CRB RAP WLD VLS
WORK TASK DESCRIPTION E-5 E-2 E-1 D-1
2-Man Crew
(GPS
Survey)
ES-3 GARVER GARVER SUBCONSULTANT GARVER
SUB-CO
TOTAL TOTAL
$247.00 $144.00 $130.00 $118.00 $245.00 $168.00 LABOR ODC Subconsultant Name TOTAL
hr. hr. hr. hr. hr. hr.0%
Basic Services Section
1.TASK (8.2 - RE-BIDDING SERVICES)
A. Changes to plans and specifications (allowing open cut)64 44 $14,936 $14,936 $0 $14,936
B SWPPP Changes 8 $1,344 $1,344 $0 $1,344
C. Prepare addenda 8 4 $1,672 $1,672 $0 $1,672
D. Participate in additional pre-bid meetings 2 6 $1,358 $300 $1,658 $0 $1,658
E. Attend additional bid opening 2 $288 $86 $374 $0 $374
F. Evaluate bids and recommend award 2 $288 $288 $0 $288
G. Prepare construction contracts 12 $1,728 $1,728 $0 $1,728
Subtotal - TASK (8.2 - RE-BIDDING SERVICES)2 94 48 0 0 8 $21,614 $386 $0 $22,000 $0 $22,000
2. TASK (9 CONSTRUCTION PHASE SERVICES)
A. Issue Notice to Proceed 2 $288 $288 $0 $288
Attend pre-construction meeting 1 4 $823 $100 $923 $0 $923
B.Attend up to 9 progress/coordination meetings with the Owner/Contractor 10 28 $6,502 $500 $7,002 $0 $7,002
C.Evaluate and respond to construction material submittals and shop drawings 8 24 $4,272 $4,272 $0 $4,272
D. Issue instructions to the Contractor on behalf of the Owner/respond to RFIs 20 8 $3,920 $3,920 $0 $3,920
E. Review Contractor's pay requests 4 8 $1,616 $1,616 $0 $1,616
F. Maintain a set of working drawings and prepare and furnish record drawings 8 12 $2,568 $2,568 $0 $2,568
G. Provide periodic site visits as necessary 80 $11,520 $290 $11,810 $0 $11,810
Oversee acceptance testing 20 $2,880 $100 $2,980 $0 $2,980
H. Survey - Field checking quantities, Contractor's layout, etc. (14 hours)14 $3,430 $250 $3,680 $0 $3,680
I.Prepare change orders 8 16 $3,232 $3,232 $0 $3,232
J. Substantial completion project inspection 8 $1,152 $250 $1,402 $0 $1,402
Punch List 12 $1,728 $1,728 $0 $1,728
K. Final completion project inspection 8 $1,152 $240 $1,392 $0 $1,392
Review final project closing documents 1 8 $1,399 $1,399 $0 $1,399
Submit final pay request 2 $288 $288 $0 $288
Subtotal - TASK (9 CONSTRUCTION PHASE SERVICES)12 220 56 12 14 0 $46,770 $1,730 $0 $48,500 $0 $48,500
Project Totals 14 314 104 12 14 8 $68,384 $2,116 $0 $70,500 $0 $70,500
Project Totals (Cost)$3,458.00 $45,216.00 $13,520.00 $1,416.00 $3,430.00 $1,344.00