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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