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HomeMy WebLinkAbout153-06 RESOLUTION• RESOLUTION NO, 1.53-06 A RESOLUTION APPROVING AN AMENDMENT TO THE CONTRACT WITH GARVER ENGINEERS, LLC IN THE AMOUNT OF $135,750.00 FOR CONSTRUCTION PHASE SERVICES ON THE VAN ASCHE DRIVE EXTENSION PROJECT. 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 approves an. Amendment to the contract with Garver Engineers, LLC in the amount of $135,750.00 for Construction Phase Services on the Van Asche Drive Extension Project. A copy of the Amendment, marked Exhibit "A" is attached hereto, and made a part hereof. ``�J��C.�J....�.',/' 'o � zoo= 111 qi3•••\>�` PASSED and APPROVED this 19th day of September, 2006 By: DAN COODY, Mayor • ATTEST. By• (90?"-eica.) SONDRA SMITH, City Clerk • AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS CONTRACT AMENDMENT NO. 1— CONSTRUCTION PHASE SERVICES Van Asche Drive Extension - Gregg Avenue to Steele Boulevard This Contract Amendment No. 1, dated S44C M tar 1 1 , 2006 shall amend the original contract between the CITY OF FAYETTEVLLE (Fayetteville, Arkansas) and GARVER ENGINEERS, LLC, dated June 21, 2005 for proposed improvements to Van Asche Drive from its termination in the existing CMN Business Park II, Phase I, west to Gregg Avenue, referred to in the following paragraphs as the original contract. This Contract Amendment No. 1 adds professional engineering and surveying services for the Construction Phase Services, as described herein. The original contract is hereby modified as follows: 1. Scope of Services — Construction Phase Services The original contract states in Section 2.4 - Construction Phase: "The scope of Construction Phase Services will be described in detail in Appendix B, which will be added with a future amendment to this agreement." Instead of utilizing an Appendix B, the scope of Construction Phase Services will be described herein as follows. During the construction phase of work, GARVER ENGINEERS will accomplish the following: 1. Issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting. 2. 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 CITY OF FAYETTEVILLE regarding payment. 3. Attend progress/coordination meetings with CITY OF FAYETTEVILLE/Contractor. 4. Prepare for and attend utilities coordination meeting. 5. Provide coordination with A&M Railroad, EGIS Environmental Consultants, and construction materials testing firm. 6. Evaluate and respond to construction material submittals and shop drawings. Corrections or comments made by GARVER ENGINEERS 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. 7. Maintain a set of working drawings and prepare and furnish record drawings. Contract Amendment No. 1 Van Asche Drive Extension 1 of 3 0605-1100 8. Provide part-time resident construction observation services for the 300 -calendar -day construction contract performance time. The proposed fee is based on approximately 4 hours per day, 5 days per week, during the 300 -calendar -day construction contract performance time. If the construction time extends beyond the time established in this agreement or if the CITY OF FAYETTEVILLE wishes to increase the time or frequency of the observation, the CITY OF FAYETTEVILLE will pay GARVER ENGINEERS an additional fee agreed to by the CITY OF FAYETTEVILLE and GARVER ENGINEERS. 9. Provide survey crew for measuring quantities and/or record drawings surveys. 10. When authorized by the CITY OF FAYETTEVILLE, 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 CITY OF FAYETTEVILLE will pay GARVER ENGINEERS an additional fee (unless changes are required due to the fault of GARVER ENGINEERS) to be agreed upon by the CITY OF FAYETTEVILLE and GARVER ENGINEERS. -11. Participate in final project inspection, prepare punch list, review final project closing documents, and submit final pay request. Construction observation services will be provided by GARVER ENGINEERS's Resident Project Representative, who will provide or accomplish the following: • Consult with and advise the CITY OF FAYETTEVILLE during the construction period. • Coordinate with the firm providing construction materials quality assurance testing under separate contract with the CITY OF FAYETTEVILLE. • Maintain a file of quantities incorporated into the work, test reports, certifications, shop drawings and submittals, and other appropriate information. • Maintain a project diary which will contain information pertinent to each site visit including date and weather conditions, names of important visitors, construction work in progress and location, size of Contractor's work force and equipment in use, number of hours worked by Contractor's forces, and substance of important conversations with the Contractor. Engineer will provide copies to CITY OF FAYETTEVILLE weekly. In performing construction observation services, GARVER ENGINEERS will endeavor to protect the CITY OF FAYETTEVILLE against defects and deficiencies in the work of the Contractor(s); but GARVER ENGINEERS cannot guarantee the performance of the Contractor(s), nor be responsible for the actual supervision of construction operations or for the safety measures that the Contractor(s) takes or should take. However, if at any time during construction GARVER ENGINEERS observes that the Contractor's work does not comply with the construction contract documents, GARVER ENGINEERS will immediately notify the Contractor of such non-compliance and instruct him to correct the deficiency and/or stop work, as appropriate for the situation. GARVER ENGINEERS will also record the observance, the discussion, and the actions taken. If the Contractor continues without satisfactory corrective action, GARVER ENGINEERS will notify the CITY OF FAYETTEVILLE immediately, so that appropriate action under the CITY OF FAYETTEVILLE's contract with the Contractor can be taken. 2. Original Contract - Appendix A — Section 2.12 Appendix A — SCOPE OF SERVICES Section 2.12 Project Deliverables is revised to add the Contract Amendment No. 1 Van Asche Drive Extension 2 of 3 0605-1100 following additional items. 14. Two copies of approved shop drawings/submittals from the Contractor. 15. One hard copy set of Record Drawings. 3. Original Contract - Appendix A — Section 2.14 Appendix A — SCOPE OF SERVICES Section 2.14 Extra Work is revised to delete the item which currently reads. "10. Construction Phase Services". 4. APPENDIX A2 — Fee Summary Construction Phase Services fee amount is revised from $0 to $135,750. 5. SECTION 6 — PAYMENTS TO GARVER SECTION 6 — PAYMENTS TO GARVER is revised as follows: Article 6.1.8 Construction Phase Services is revised to read: "For the Construction Phase, CITY OF FAYETTEVILLE shall pay GARVER for time spent on the project, at the rates shown in attached Exhibit 1 for each classification of GARVER ENGINEERS's personnel. In addition, reimbursable expenses, including, but not limited to, printing, courier service, reproduction, and travel will be billed. The total amount paid to GARVER ENGINEERS under this agreement will not exceed $135,750. For informational purposes, a breakdown of GARVER ENGINEERS's estimated costs is included in Exhibit 1. The rates shown in Exhibit 1 will be increased annually with the first increase effective on or about May 1, 2007." IN TESTIMONY OF WHICH, this instrument has been executed on behalf of GARVER ENGINEERS, and has been executed on behalf of the CITY OF FAYETTEVILLE, in three (3) counterparts, each of equal force, on the day and year first above written. CITY OF FA TTEVILLE GAR3kHok ENGI ES LLC By: By: Title: Vice President N‘‘tOk.IW•Re ST: ac,,,,4„,J&,,,, „„„„,„„„, ,,,,,...,\_,Y 0,•,..p-- _o. ••�: • ; FAYETTEVILLE • 3 •HN,,,n U, Contract Amendment No. 1 Van Asche Drive Extension ATTEST: 3of3 • 0605-1100 Exhibit 1 Garver Engineers Hourly Rate Schedule Classification Rates Senior Project Manager $ 180.00 Project Manager $ 155.00 Aviation Planner $ 89.00 Senior Project Engineer $ 120.00 Operations Specialist $ 107.00 Project Engineer $ 100.00 Senior Design Engineer $ 90.00 Sr. Construction Engineer $ 88.00 Construction Engineer $ 73.00 Design Engineer/Designer $ 73.00 Environmental Scientist $ 97.00 CADD Administrator $ 96.00 Senior CADD Technician $ 88.00 CADD Technician $ 58.00 Senior Construction Observer $ 86.00 Construction Observer $ 68.00 Senior Project Surveyor $ 100.00 Project Surveyor $ 74.00 Party Chief $ 70.00 Instrument Man $ 50.00 Rodman $ 40.00 Administration $ 52.00 Clerical 1 $ 56.00 Clerical 11 $ 45.00 2 -Man Crew (Survey) $ 138.00 3 -Man Crew (Survey) $ 180.00 2 -Man Crew (GPS Survey) $ 180.00 3 -Man Crew (GPS Survey) $ 222.00 CIL 0 LO 1.0 �§ E0§\ E • ▪ §! Construction Phase Services II 1 . . !!|; . , . ) g 5 0 ) |. . , . . , ..• . ,.. 6 . - § \ • ° |� .• - . . . § p - . . !);� | . , \ p 0 0 \ 000311 0. 0 \ p ..ea. .0•0 , 0 \ p 0 0 !b ! !)b - ... - •.. i ! 0 j\ e ..0 . .� . !\a . 0 WORM TASK DESCRIFTON i1 i!! |! P| |`|'! /|} \�)� Ell i|) it ea) 1 RCM* m4 Reawid to connnva Shop Porbga/8ub'nak-TaIM {);f1!| ;!!..|.|!!!.! | `!|||�!•! §�| `| 1 1 -i l�/ ! } `�° 0 § | !|I} /{ |.! \ ) }i | . } Ron Petrie Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 9/19/2006 City Council Meeting Date Engineering Division Action Required: • Operations Department A Resolution to approve a Contract Amendment with Garver Engineers in the amount of $135,750 for Construction Phase Services on The Van Asche Drive Extension Project 135,750.00 Cost of this request 4470.9470.5809.00 Account Number 05027.1 Project Number Budgeted Item X 1,982, 788.00 Category / Project Budget 236,959.85 Funds Used to Date 1,745,828.15 Remaining Balance Budget Adjustment Attached Van Asche Drive Extension Program Category / Project Name Street Improvements Program / Project Category Name Sales Tax Capital Improvements Fund Name City Attorney Finance and Internal Service Director Mayor Date 4e106 Date Ct �I 66 Date ate Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received iI MVOS r Office Comments: Ittv!k ARKANSAS City of Fayetteville Engineering Division 113 West Mountain Fayetteville, AR 72701 ph: 479-575-8206 fax: 479-575-8202 Date: August 28, 2006 To: Fayetteville City Council Thru: Dan Coody, Mayor Gary Dumas, Director of Operations From. Ron Petrie, City Engineer Subject: A Resolution to approve a Contract Amendment with Garver Engineers in the amount of $135,750 for Construction Phase Services on The Van Asche Drive Extension Project RECOMMENDATION: As approved by the Street Committee, staff recommends approval of an Amendment to the Contract with Garver Engineers, LLC for Construction Phase Services in the amount of $135,750.00. BACKGROUND: The project, along with an agreement with the developers of CMN Business Park, was approved in February of 2005. A contract with Garver Engineers for design of the project was subsequently approved, and Garver began work on the design of the improvements in July, 2005. Design work was completed in June, 2006. DISCUSSION: Garver Engineers has provided a proposed Contract Amendment to provide construction phase services, including day-to-day construction observation. The terms of the Amendment include payment to Garver at their established hourly rates for hours worked on the project, with a not -to -exceed amount of $135,750.00. The proposed amendment was reviewed by the Street Committee and recommended for approval at their August 8th meeting. BUDGET IMPACT:• This contract will be paid from funds in the Van Asche Drive Extension Project (Project No. 05027). The budget adjustment proposed in the construction contract agenda item includes the funding for this contract. RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE CONTRACT WITH GARVER ENGINEERS, LLC IN THE AMOUNT OF $135,750.00 FOR CONSTRUCTION PHASE SERVICES ON THE VAN ASCHE DRIVE EXTENSION PROJECT. 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 approves an Amendment to the contract with GARVER ENGINEERS, LLC in the amount of $20,000.00 for Construction Phase Services on the Van Asche Drive Extension Project. A copy of the Amendment, marked Exhibit "A" is attached hereto, and made a part hereof. PASSED and APPROVED this 19th day of September, 2006. APPROVE, AN COODY, Mayor AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS CONTRACT AMENDMENT NO. 1— CONSTRUCTION PHASE SERVICES Van Asche Drive Extension - Gregg Avenue to Steele Boulevard This Contract Amendment No. 1, dated , 2006 shall amend the original contract between the CITY OF FAYETTEVLLE (Fayetteville, Arkansas) and GARVER ENGINEERS, LLC, dated June 21, 2005 for proposed improvements to Van Asche Drive from its termination in the existing CMN Business Park II, Phase I, west to Gregg Avenue, referred to in the following paragraphs as the original contract. This Contract Amendment No. 1 adds professional engineering and surveying services for the Construction Phase Services, as described herein. The original contract is hereby modified as follows: 1. Scope of Services — Construction Phase Services The original contract states in Section 2.4 - Construction Phase: "The scope of Construction Phase Services will be described in detail in Appendix B, which will be added with a future amendment to this agreement." Instead of utilizing an Appendix B, the scope of Construction Phase Services will be described herein as follows. During the construction phase of work, GARVER ENGINEERS will accomplish the following: 1. Issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting. 2. 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 CITY OF FAYETTEVILLE regarding payment. 3. Attend progress/coordination meetings with CITY OF FAYETTEVILLE/Contractor. 4. Prepare for and attend utilities coordination meeting. - 5. Provide coordination with A&M Railroad, EGIS Environmental Consultants, and construction materials testing firm. 6. Evaluate and respond to construction material submittals and shop drawings. Cot tions or comments made by GARVER ENGINEERS 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. 7. Maintain a set of working drawings and prepare and famish record drawings. Contract Amendment No. 1 Van Asche Drive Extension 1 of3 0605-1100 • 8. Provide part-time resident construction observation services for the 300 -calendar -day construction contract performance time. The proposed fee is based on approximately 4 hours per day, 5 days per week, during the 300 -calendar -day construction contract performance time. If the construction time extends beyond the time established in this agre..ment or if the CITY OF FAYETTEVILLE wishes to increase the time or frequency of the observation, the CITY OF FAYETTEVILLE will pay GARVER ENGINEERS an additional fee agreed to by the CITY OF FAYETTEVILLE and GARVER ENGINEERS. 9. Provide survey crew for measuring quantities and/or record drawings surveys. 10. When authorized by the CITY OF FAYETTEVILLE, 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 CITY OF FAYETTEVILLE will pay GARVER ENGINEERS an additional fee (unless changes are required due to the fault of GARVER ENGINEERS) to be agreed upon by the CITY OF FAYETTEVILLE and GARVER ENGINEERS. 11. Participate in final project inspection, prepare punch list, review final project closing documents, and submit final pay request. Construction observation services will be provided by GARVER ENGINEERS's Resident Project Representative, who will provide or accomplish the following: • Consult with and advise the CITY OF FAYETTEVILLE during the construction period. • Coordinate with the firm providing construction materials quality assurance testing under separate contract with the CITY OF FAYE f l EVILLE. • Maintain a file of quantities incorporated into the work, test reports, certifications, shop drawings and submittals, and other appropriate information. • Maintain a project diary which will contain information pertinent to each site visit including date and weather conditions, names of important visitors, construction work in progress and location, size of Contractor's work force and equipment in use, number of hours worked by Contractor's forces, and substance of important conversations with the Contractor. Engineer will provide copies to CITY OF FAYETTEVILLE weekly. In performing construction observation services, GARVER ENGINEERS will endeavor to protect the CITY OF FAYETTEVILLE against defects and deficiencies in the work of the Contractor(s); but GARVER ENGINEERS cannot guarantee the performance of the Contractor(s), nor be responsible for the actual supervision of construction operations or for the safety measures that the Contractor(s) takes or should take. However, if at any time during construction GARVER ENGINEERS observes that the Contractor's work does not comply with the construction contract documents, GARVER ENGINEERS will immediately:notify the Contractor of such non-compliance and instruct him to correct the deficiency and/or stop work, as appropriate for the situation. GARVER ENGINEERS will also record the observance, the discussion, and the actions taken. If the Contractor continues without satisfactory corrective action, GARVER ENGINEERS will notify the CITY OF FAYETTEVILLE immediately, so that appropriate action under the CITY OF FAYETTEVILLE's contract with the Contractor can be taken. • 2. Original Contract - Appendix A — Section 2.12 Appendix A — SCOPE OF SERVICES Section 2.12 Project Deliverables is revised to add the Contract Amendment No. 1 Van Asche Drive Extension 2 of 0605-1100 add following additional items. 14. Two copies of approved shop drawings/submittals from the Contractor. 15. One hard copy set of Record Drawings. 3. Original Contract - Appendix A — Section 2.14 Appendix A — SCOPE OF SERVICES Section 2.14 Extra Work is revised to delete the item which currently reads: "10. Construction Phase Services". 4. APPENDIX A2 — Fee Summary Construction Phase Services fee amount is revised from $0 to $135,750. 5. SECTION 6 — PAYMENTS TO GARVER SECTION 6 — PAYMENTS TO GARVER is revised as follows: Article 6.1.8 Construction Phase Services is revised to read: "For the Construction Phase, CITY OF FAYETTEVILLE shall pay GARVER for time spent on the project, at the rates shown in attached Exhibit 1 for each classification of GARVER ENGINEERS's personnel. In addition, reimbursable expenses, including, but not limited to, printing, courier service, reproduction, and travel will be billed. The total amount paid to GARVER ENGINEERS under this agreement will not exceed $135,750. For informational purposes, a breakdown of GARVER ENGINEERS's estimated costs is included in Exhibit 1. The rates shown in Exhibit 1 will be increased annually with the first increase effective on or about May I, 2007." IN TESTIMONY OF WHICH, this instrument has been executed on behalf of GARVER ENGINEERS, and has been executed on behalf of the CITY OF FAYETTEVILLE, in three (3) counterparts, each of equal force, on the day and year first above written. CITY OF FAYETTEVILLE GAREE LLC By: By: Brock Hoskins Title: ATTEST: Contract Amendment No. 1 Van Asche Drive Extension Title: Vice President ATTEST: 3 of 3 0605-1100 r Exhibit 1 Garver Engineers Hourly Rate Schedule Classification Rates Senior Project Manager Project Manager Aviation Planner Senior Project Engineer Operations Specialist Project Engineer Senior Design Engineer Sr. Construction Engineer Construction Engineer Design Engineer/Designer Environmental Scientist CADD Administrator Senior CADD Technician CADD Technician Senior Construction Observer Construction Observer Senior Project Surveyor Project Surveyor Party Chief Instrument Man Rodman Administration Clerical I Clerical 11 2 -Man Crew (Survey) 3 -Man Crew (Survey) 2 -Man Crew (GPS Survey) 3 -Man Crew (GPS Survey) $ 180.00 $ 155.00 $ 89.00 $ 120.00 $ 107.00 $ 100.00 90.00 88.00 73.00 73.00 97.00 96.00 88.00 58.00 86.00 68.00 $ 100.00 $ 74.00 $ 70.00 $ 50.00 $ 40.00 $ 52.00 $ 56.00 $ 45.00 $ 138.00 $ 180.00 $ 180.00 $ 222.00 0 ce uj eal \\x vac Construction Phase Services IJ ;. . . !|;. . . !| !. 6 , . \ - .. . r . e . , ! . .)- • . ! , . . \| !. . - . !i||= . , \ p . , !{ \ © • ° ap me ew. .�. . . !t! . , f ! 1; ° e " ` !§\ ! Ty.2 .11 .. al ..el . !.. . . . ( • 0 { / I Proper*, Mond OS Cann, Pr.eanaMlan Mnllry • Roadway as Traffic J 1 Prep._Attend and Oxunml Pr.avn.pMien Mxtir P -Mtn and S.N.rr Sewn `| \I ` !l !!!!!\;!){!! 1.11°/0.421/1/1 }� \ m ! !; di E. ! §2\a. 8SE \ Wm g ! 3 j A CmN6Nm mtEGIS |!i ! / O! f Rawf.n Cmrrructin Obtorystim3X c.in.t e... a 5 IMO en w.M and 4 l.*^ Par dal) ! | , j§ EL Structural Enet.nu,P i !.` !!!!! }!!;; \ §f| 3Mi j §\ SubteW Jmauut EMMnrM 8 2 8 ;; 8 8 | ) 8 888888 0 §g | | ; TOTAL COST: R9.25.06) Clarice Pearman - Res. 153-06 Page 1 From: To: Date: Subject: Attachments. Clarice Pearman Petrie, Ron 9.25.06 3:44 PM Res. 153-06 153-06 Garver Engineers LLC.pdf CC: Audit Ron, Attached is a copy of the above resolution passed by City Council, September 19, 2006. This will also confirm that you picked up two of three originals of the agreement with Garver Engineers. If anything else is needed please let me know. Thanks. Clarice