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HomeMy WebLinkAbout213-06 RESOLUTION7 RESOLUTION NO. 213-06 A RESOLUTION APPROVING AN AMENDMENT TO THE CONTRACT WITH GARVER ENGINEERS, LLC IN THE AMOUNT OF $999,857.00 FOR CONSTRUCTION PHASE SERVICES ASSOCIATED WITH CONSTRUCTION OF THE EAST SIDE LINES AND LIFT STATIONS OF THE WASTEWATER SYSTEM IMPROVEMENT PROJECT; AND APPROVING A CONTINGENCY IN THE AMOUNT OF $40,000.00. 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 $999,857.00 for Construction Phase services associated with construction of the East Side Lines and Lift Stations of the Wastewater System Improvement Project. A copy of the amendment, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a contingency in the amount of $40,000.00. PASSED and APPROVED this 19th day of December, 2006. APPROVED: By: ATTEST: By: e-,G••%JO.Y pc scp V �•es .23 St E ;FAYETTEVILLE• :9hkANSct.•, A. tie'.,, TON v" 0 OAC„ DI SONDRA SMITH, City Clerk/Treasurer • AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS CONTRACT AMENDMENT NO. 2 Fayetteville Wastewater System Improvement Project This Contract Amendment No. 2, dated ..13_p C p r I I , 2006 shall amend the original contract between the CITY OF FAYETTEVLLE ARKANSAS and GARVER ENGINEERS, LLC, (Garver) dated July 15, 2003, amended on July 7, 2004, for professional engineering services in connection with the Wastewater System Improvement Project, and in particular the East Collection System (the "Project"). This Contract Amendment No. 2 adds professional engineering services for the Construction Phase Services and Additional Services, as described herein. The City of Fayetteville has approved and accepted as complete the work accomplished by Garver under the original contract and the provisions in Amendment No. 1 (dated February 6, 2004 and executed on July 7, 2004) with the exception of the work remaining under Bidding Phase Services. The City of Fayetteville has determined to repackage previously submitted Construction Contract Documents into three Construction Projects as follows: • Construction Contract Number 1 — Designated as EL -1&2 and comprised of Pump Station 19 Improvements, Force Main 19, and Line 7. • Construction Contract Number 2 — Designated as EL -3&5 and comprised of Lines 4 and 15. • Lift Station Contract Number 3 — Designated as EL -4 and comprised of Pump Stations 13, 14, 16, and 18. The contract is hereby modified as follows: Contract Amendment No. 2 Fayetteville Wastewater Improvements 1 of 11 0605-1300 SECTION 2 - BASIC SERVICES OF GARVER The following Sections 2.4, 2.5, and 2.6 supercede corresponding Sections in the original contract. 2.4 Construction Phase 2.4.1 Consult with and advise City of Fayetteville and act as City of Fayetteville's Engineer as provided in General Conditions of the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Garver as assigned in said General Conditions shall not be modified without Garver's written consent. 2.4.2 Attend progress/coordination meetings with City of Fayetteville and Contractor. 2.4.3 Review Contractor(s) schedules for Work progress, equipment and materials procurement, submittals, and values for partial pay purposes, and project cash flow requirements. 2.4.4 Perform limited staking of permanent easements at locations as requested by the City. 2.4.5 Evaluate and respond to RFIs, 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. 2.4.6 Make visits to the Site at intervals appropriate to the stages of construction to consult with and advise Garver's Resident Project Representative and 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. Garver shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs, or for Contractor's failure to perform construction work in accordance with the Contract Documents. Contract Amendment No. 2 Fayetteville Wastewater Improvements 2 of 11 0605-1300 2.4.7 Provide coordination with utility companies as required. 2.4.8 Provide coordination with ECO, Inc. as required 2.4.9 Maintain a set of working drawings to record all significant changes in the designed project. 2.4.10 Issue all instructions of City of Fayetteville to Contractor(s), act as interpreter of the terms and conditions of the Contract Documents and judge of the performance hereunder by the parties thereto, and make recommendations to City of Fayetteville relating to the execution and progress of the Work and other matters and questions related thereto; but Garver shall not be liable for the results of any such recommendations, interpretations, or decisions rendered by Garver Engineers in good faith. 2.4.11 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 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. 2.4.12 In performing Construction Phase Services, Garver will endeavor to protect the City of Fayetteville against defects and deficiencies in the work of the Contractor(s); but Garver 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. 2.4.13 If at any time during construction Garver observes that the Contractor's work does not comply with the construction contract documents, Garver 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 will also record the observance, the discussion, and the actions taken. If the Contractor continues without satisfactory corrective action, Garver will notify the City of Fayetteville immediately, so that appropriate action under the City of Fayetteville's contract with the Contractor can be taken. Contract Amendment No. 2 Fayetteville Wastewater Improvements 3 of]] 0605-1300 2.4.14 Review Contractor(s) applications for payment and supporting data, determine the amounts owed to Contractor(s), and recommend approval to City of Fayetteville, in writing, of all payments to Contractor(s) in accordance with the Contract Documents. 2.4.15 Submit detailed monthly Progress Reports to City of Fayetteville. 2.4.16 Conduct a preliminary inspection to confirm that the Project is substantially complete and a final inspection to determine that the Project has been totally completed in accordance with the Contract Documents. Final inspection is to determine that the Contractor has fulfilled all of his obligations hereunder so that Garver Engineers may recommend approval, in writing, of final payment to the Contractor. 2.4.17 The services described in the preceding paragraphs describe those services for Construction Contracts 1 and 2. The services to be rendered for Lift Station Contract 3 shall be limited to those described in Paragraphs 2.4.6, 2.4.15, and 2.4.16. 2.5 Post -Construction Phase 2.5.1 Provide qualified engineers during equipment start-up and instruct City of Fayetteville's personnel in equipment function and intended use. 2.5.2 Prepare a reproducible Set of Record Drawings revised to show significant changes made during construction of the Project in accordance with records provided by Contractor and Garver's Resident Project Representative. 2.5.3 Produce an Operation and Maintenance Manual for Pump Station 19. 2.5.4 Produce a Project Performance Work Plan for each Construction Project. 2.5.5 The products under this section shall be provided to the City of Fayetteville no later than 90 days after Garver's recommendation of final payment to each Contractor except for the Project Performance Work Plan which will be required only if the Project is funded through the State Revolving Loan Fund (RLF) and, if so, as specified in the RLF regulations. Contract Amendment No. 2 Fayetteville Wastewater Improvements 4 oft] 0605-1300 2.5.6 The services described in the preceding paragraphs describe those services for Construction Contracts 1 and 2. The services to be rendered for Lift Station Contract 3 shall be limited to those described in Paragraphs 2.5.1 and 2.5.2. 2.6 Resident Services During Construction 2.6.1 A Resident Project Representative shall be furnished and shall act as directed by Garver to provide representation at the Project Site during the Construction Phase based on 8 hours per day, 5 days per week for the construction contract performance time of 450 calendar days for Contract No. 1 and 300 calendar days for Contract No. 2 and for 1 hour per day, 5 days per week for the construction contract performance time of 180 calendar days for Lift Station Contract No. 3. 2:6.2 In performing Resident Project Representative Services, Garver will endeavor to protect the City of Fayetteville against defects and deficiencies in the work of the Contractor(s). 2.6.3 The furnishing of such Resident Project Representative Services shall not make Garver responsible for the performance of the Contractor(s) or the Contractor(s) construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs, or for Contractor(s) failure to perform the construction work in accordance with the Contract Documents. Furthermore, Garver shall not be responsible for the actual supervision of construction operations, 2.6.4 The Resident Project Representative(s) shall, through on-site observations of the work in progress, field checks of materials and equipment, and maintenance of lobsite records verify that the Project is proceeding in accordance with the Contract Documents. 2.6.5 The Resident Project Representative shall also provide the following specific services. 2.6.5.1 Consult with and advise the City of Fayetteville during the construction period. 2.6.5.2 Coordinate with the firm providing construction materials quality assurance testing under separate contract with the City of Fayetteville. Contract Amendment No. 2 Fayetteville Wastewater Improvements 5 off] 0605-1300 2.6.5.3 Maintain a file of quantities incorporated into the work, test reports, certifications, shop drawings and submittals, and other appropriate information. 2.6.5.4 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. Garver will provide copies to City of Fayetteville as requested. 2.6.5.5 Submit weekly summaries of construction status. 2.6.5.6 The services described in the preceding paragraphs describe those services for Construction Contracts 1 and 2. The services to be rendered for Lift Station Contract 3 shall not include those described in Paragraphs 2.6.5.2 and 2.6.5.3. SECTION 3 - ADDITIONAL SERVICES OF GARVER The following Section 3.1.7 supercedes the corresponding Section in the original contract. 3.1.7 Extra Services 3.1.7.1 Provide ongoing Project coordination and support during the period between the submittals of final Construction Contract Documents to the City of Fayetteville in 2005 and the approval of this Contract Amendment. 3.1.7.2 Perform field investigations to determine physical changes which may have occurred between the February, March, and April 2005 submittals of final Construction Contract Documents to the City of Fayetteville and the approval of this Contract Amendment. 3.1.7.3 Perform redesigns to accommodate physical changes discovered during field investigations, those required by side letters resulting from acquisition negotiations, and those requested by the City for the convenience of the City of Fayetteville. 3.1.7.4 Perform the following specific redesigns per City of Fayetteville instructions: Contract Amendment No. 2 Fayetteville Wastewater Improvements 6 of II 0605-1300 3.1.7.4.1 Pump Station 13 - Redesign sewer alignment to retain discharge of existing gravity sewers to the wet well, reconfigure the placement of valves controlling discharge from the pumps to the 36 -inch and 42 -inch lines, and relocate Manhole No. 39 to a point adjacent to the existing manhole on the 36 -inch line. 3.1.7.4.2 Pump Station 14 — Redesign emergency power generator set. 3.1.7.4.3 Pump Station 16 - Relocate generator pad closer to the overhead electric line feeding the pump station. 3.1.7.4.4 Line 7 - Station 188+00± - Redesign the access drive to the natural gas regulator plant. 3.1.7.4.5 Line 7 - Relocate the Highway 16 crossing to avoid the necessity of a new easement at the Hinkle Mobile Home Park. 3.1.7.4.6 Line 7 - Revise the design of Junction Structure No. 1, adjacent to Pump Station 21, to delete slide gates, as designed, and replace with stop logs. 3.1.7.5 Repackage previously submitted Construction Contract Documents into three Construction Projects as follows: 3.1..7.5.1 Construction Contract Number 1 — Designated as EL -1&2 and comprised of Pump Station 19 Improvements, Force Main 19, and Line 7. 3.1.7.5.2 Construction Contract Number 2 — Designated as EL -3&5 and comprised of Line 4 and Line 15. 3.1.7.5.3 Lift Station Contract Number 3 — Designated as EL -4 and comprised of Pump Stations 13, 14, 16, and 18. 3.1.7.6 Update and/or revise Front End Documents of previously submitted Construction Contract Manuals to conform to the Front End Documents provided by City of Fayetteville. Changes will include, but not be limited to, addition of required forms and Contract Amendment No. 2 Fayetteville Wastewater Improvements 7 of ll 0605-1300 references relating to State Revolving Loan Fund funding, said forms and references having been previously removed at the direction of the City of Fayetteville. 3.1.7.7 Update and/or revise Technical Specifications of previously submitted Construction Contract Manuals to conform to comments and changes requested by the City of Fayetteville. 3.1.7.8 Replot all drawings to accommodate aforementioned changes and revised page numbers. 3.1.7.9 Recalculate construction quantities and update Opinions of Probable Construction Costs. 3.1.7.10 Reissue reconfigured/revised construction drawings to all affected utilities. 3.1.7.11 Coordinate with affected utilities prior to advertisements for bids. 3.1.7.12 Update and/or reapply for all Arkansas Department of Health and Human Services and Arkansas Highway and Transportation Department Permits, as appropriate. 3.1.7.13 Reapply for Arkansas Department of Labor wage rate determinations. 3.1.7.14 The extra services Lift Station Contract 3 shall not include those services described in Paragraphs 3.1.7.6, 3.1.7.9, 3.1.7.10, 3.1.7.11, and 3.1.7.13. SECTION 6 — PAYMENTS TO GARVER The following Sections 6.1.2, 6.1.3, 6.1.4, 6.1.5, and 6.1.6 supercede corresponding Sections in the original contract. Sections 6.1.7 and 6.1.8 are added as part of this amendment. 6.1.2 Bidding Phase Services For the Scope of Services during the Bidding Phase described herein, City of Fayetteville shall pay Garver the lump sum amount of Sixty Two Thousand Seven Hundred Sixty United States Dollars (US $62,760) This amendment allows for reallocating the remaining unbilled portion of the design fee for Punip Station 18 ($10,998.50) to Bidding Phase Services, covered by our original agreement, to cover extra Bidding Phase Services work and Contract Amendment No. 2 Fayetteville Wastewater Improvements 8 of Il 0605-1300 escalation of costs since the execution of the original contract. The City of Fayetteville directed Garver not to finish construction documents for Pump Station 18. 6.1.3 Construction Phase Services For Construction Phase Services the 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 personnel. In addition, reimbursable expenses including but not limited to printing, courier service, reproduction, and travel will be billed. The amounts paid to Garver under this agreement are estimated to be: Construction Contract 1 - $208,905 Construction Contract 2 - $106,097 Lift Station Contract 3 - $19,398 6.1.4 Post -Construction Phase Services For Post -Construction Phase Services the 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 personnel. In addition, reimbursable expenses including but not limited to printing, courier service, reproduction, and travel will be billed The amounts paid to Garver under this agreement are estimated to be: Construction Contract 1 - Construction Contract 2 - Lift Station Contract 3 - $47,978 $22,697 $8,586 6.1.5 Resident Services During Construction For Resident Services During Construction the 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 personnel. In addition, reimbursable expenses including but not limited to printing, courier service, reproduction, and travel will be billed The amounts paid to Garver under this agreement are estimated to be: Contract Amendment No. 2 Fayetteville Wastewater Improvements 9 of 11 0605-1300 Construction Contract 1 - $277,840 Construction Contract 2 - $184,572 Lift Station Contract 3 - $22,684 6.1.6 Additional Services For Additional Services the 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 personnel. In addition, reimbursable expenses including but not limited to printing, courier service, reproduction, and travel will be billed. The amounts paid to Garver under this agreement are estimated to be: Construction Contract 1 - $45,900 Construction Contract 2 - $33,600 Lift Station Contract 3 - $21,600 6.1.7 The rates shown in Exhibit 1 will be increased annually with the first increase effective on or about May 1, 2007. 6.1.8 The total Not -to -Exceed Fee amount for Construction Phase Services, Post -Construction Phase Services, Resident Services During Construction, and Additional Services is $999,857. Overruns and underruns may occur in each phase provided that the total amount billed is at or below the total Not -to -Exceed Fee amount. Contract Amendment No. 2 Fayetteville Wastewater Improvements lO of11 0605-1300 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 FAY TEVILLE GARVER ENGINEERS, LLC Title: ATTEST: By: Brock Hoskins Title: Vice President ATTEST: tG: 01. Y 0 s0 :716-1 • o" ;FAYETTEVILLE; d RKANS&.4%, Contract Amendment No. 2 Fayetteville Wastewater Improvements 9,74440-4-3 11 of 11 0605-1300 Exhibit 1 Garver Engineers Hourly Rate Schedule Classification Rates Senior Project Manager Project Manager Aviation Planner Automation/Controls Specialist Senior Project Engineer Operations Specialist Project Engineer Senior Design Engineer Sr. Construction Engineer Construction Engineer Design Engineer/Designer Sr: Environmental Scientist 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 II 2 -Man Crew (Survey) 3 -Man Crew (Survey) 2 -Man Crew (GPS Survey) 3 -Man Crew (GPS Survey) to- $ 180.00 $ 155.00 $ 89.00 $ 125.00 $ 120.00 $ 107.00 $ 100.00 $ 90.00 $ 88.00 $ 73.00 $ 73.00 $ 97.00 $ 52.00 $ 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 Exhibit 1 Garver Engineers Hourly Rate Schedule Classification Rates Senior Project Manager Project Manager Aviation Planner Automation/Controls Specialist Senior Protect Engineer Operations Specialist Project Engineer Senior Design Engineer Sr. Construction Engineer Construction Engineer Design Engineer/Designer Sr. Environmental Scientist 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 II 2 -Man Crew (Survey) 3 -Man Crew (Survey) 2 -Man Crew (GPS Survey) 3 -Man Crew (GPS Survey) $ 180.00 $ 155.00 $ 89.00 $ 125.00 $ 120.00 $ 107.00 $ 100.00 $ 90.00 $ 88.00 $ 73.00 $ 73.00 $ 97.00 $ 52.00 $ 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 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 FAY TEVILLE GARVER NGINEE' S, L I loi1� tiff By: Title: ' ATTEST: aa • Brock Hoskins Title: Vice President ATTEST: ..."RK/T/?"'.. it\ '0T Y G % .C - E FAYETTEVILLE: , •�9`pa,�,l»9/CANS%' Jam''; ''cTON'C2‘•‘‘‘‘ p `‘. Contract Amendment No. 2 Fayetteville Wastewater Improvements 11 of 11 0605-1300 k ( z ; 000 co CD 0'- (1', 5. ak) Co w- to 0j( }�� Redesign and Repackaging / \ / \ 0 40 40 la co o in b 4.1 41. 4A OD CO 000 /\- e. 00 3\§ -\( )7( ;/# CD 00 ] E 0 0 ([e co m} co t \\( { [ 401 CO 1.0 CO CO \0 tacoco to 40 ( AJewwns aad mom() ro>j §-I/ f 2t§ nom» m m i§r ;mom mrnr m �§9 M2 q cnm ■ 73 0 � k ■ S W bl. el.sanoy r wJn«dna n aa. / I I , | / § 1 [ { .! If \ 2 4 §#\ \ `r #I i RecanhauretlflevueaPlanii to An.u.a MIA's MOO wnonc.noo.maaid ie wn..+o erpcin n.cSmat. Corseu'ean aunm« riwpi &lll vu G|j \2\ !CBI! 1 | |i|, § B.; aq 1. §�| R3 | | | . . . , . . ,|§| . . .. . ,(|I o . .. ,.--.—...-_ \ §| . . . , . ,. ; ! ) . . . ............. . e "|||| , . . , , ; . . . . . 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Samar Engineer 588.00 M 0 0 0 0 ,; / ` . 0 0|||| , , 0 , ,| 4 )2 §)!_n!§ §§)j§2�k k\�§§/ gm ea DI it m z in IT P iii " -• co 30mrrtzco €I E E i E E G Structural Eaglrcdllq €1g. 1 6 a WORK TASK DESCRIPTION 0 0 e z 8 c5ie & 4. 2 e e e e ;'g^ 8 g* VI o e e e z to. 8 Senior Protea Enwrap e e 0 0 z 8 8 Project Engineer 0 0 0 0 ; Ern 8•Ss g8 o 0 0 0; g 6 0 0 0 0 ; g sF Q a's o o o e 8 0 0 0 0 g5 8 o e e 0 e; 8 8 g 1 o 0 0 e ; 8 3 e e e e ; 8 g Survey Crew IS o o 0 o z 8 8 Survey Crw (3- nun) ynw) o 0 8 330 z 801 gloo 0 0 0 0 8 En e e 0 g E $ i 8 k R o e 0 e ;$ 0 i