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:
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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:
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Contract Amendment No. 2
Fayetteville Wastewater Improvements
11 of 11 0605-1300
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