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Home My WebLink About147-09 RESOLUTIONRESOLUTION NO. 147-09 A RESOLUTION APPROVING AMENDMENT NO. 4 TO THE CONTRACT WITH GARVER ENGINEERS, LLC TO REDUCE THE FEE FOR CONSTRUCTION PHASE SERVICES BY $109,964.00 FOR MOUNT COMFORT ROAD IMPROVEMENTS CONTRACT 2, FROM ALPINE AVENUE TO RUPPLE ROAD. 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 Amendment No. 4 to the contract with Garver Engineers, LLC to reduce the fee for construction phase services by $109,964.00 for Mount Comfort Road Improvements Contract 2, from Alpine Avenue to Rupple Road. A copy of the Amendment, marked Exhibit "A," is attached hereto and made a part hereof. �r«ti�rrrrrrh PASSED and APPROVED this 7th day of July, 2009. -�G Y 0,e°,Gp :FAYETTEVILLE.: - . By: /+ . -- By: LIO L 1 JORDA► , ► ayor SONDRA B. SMITH, City Clerk/Treasurer APPROVED: ATTEST: Chris Brown Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/7/2009 City Council Meeting Date Agenda Items Oniy engineering Division Action Required: Development Services Department A resolution authorizing execution of Amendment No. 4 to the Engineering Contract with Garver, LLC to reduce the fee for construction phase services by $109,964 for Mount Comfort Road, Contract 2, from Alpine Avenue to Rupple Road. (109, 964.00) Cost of this request 4520.9520.5314.00 Account Number 06035.1500 Project Number Budgeted Iters 24, 581,590.00 $ Category / Project Budget Transportation Bond Improvements Program Category! Project Name 15,697,426.00 Professional Services Funds Used to Date Program / Project Category Name 8,884,164.00 2006A Sales Tax Construction Remaining Balance Fund Name Budget Adjustment Attached ctor City Attorney Date Previous Ordinance or Resolution # 154-06 Original Contract Date: 9/19/2006 Original Contract Number: Date Fin nce and internal Services Director � L ti 1051 Received in Mayor's Office Comments: Revised January 15, 2009 City Council Meeting of July 7, 2009 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Mari-, Chief of Staff Jeremy Pate, Development Services Director From: Chris Brown, City Engineer Date: June 18, 2009 Subject: A resolution authorizing execution of Amendment No. 4 to the Engineering Contract with Garver, LLC to reduce the fee for construction phase services by $109,964 for Mount Comfort Road, Contract 2, from Alpine Avenue to Rupple Road. RECOMMENDATION: Staff recommends approval of a resolution authorizing execution of Amendment No. 4 to the Engineering Contract with Garver, LLC to reduce the fee for construction phase services for Mount Comfort Road, Contract 2, from Alpine Avenue to Rupple Road by $109,964. The fee for construction phase services will be reduced from $240,000 to $130,036. BACKGROUND: Mount Comfort Road Improvements are a part of the Transportation Improvement Bond Program. The project includes major intersection improvements at the I540/Shiloh Drive Intersection, relocation of Shiloh Drive to the west, signalization of 4 intersections along Mount Comfort, and widening of Mount Comfort to 4 lanes from 1-540 to Rupple Road. Under the original contract, and Contract Amendment No. 1, Garver provided traffic studies, design surveys and preliminary and final design services for Mount Comfort Road, from I-540 to west of Rupple Road. Contract Amendment No. 2 was executed for construction phase services for the first construction contract, and Contract Amendment No. 3 was for construction phase services for the second construction contract. DISCUSSION: The City has five Public Works Inspectors on staff. In the past, these inspectors have primarily focused on inspections of private developments. Due to the volume of private development, the inspectors were generally not used for City projects designed by consultants; instead, the design consultant provided construction observation services as part of their contract. However, since development has slowed, staff is available to provide construction observation for more City projects. The proposed contract amendment will reduce the construction phase fees paid to Garver by $109,964 by removing the construction observation fee from the contract. The 1 City Council Meeting of July 7, 2009 construction observation that Garver was to provide will instead be provided by City staff. The effect of this amendment is twofold. First, for the same cost to the Bond Program, City Staff can provide more inspection due to the lower hourly rates of staff relative to the rates charged by Garver. Second, since staff time spent on the project will be charged to the Bond Program, the General Fund will realize a savings estimated at $34,000 in 2009 and $68,000 in 2010. BUDGET IMPACT: This contract amendment will have minimal effect on the Transportation Bond Program. A small savings to the program may be realized. The General Fund will realize a savings estimated to be $102,000. 2 7 RESOLUTION NO. A RESOLUTION APPROVING AMENDMENT NO. 4 TO THE CONTRACT WITH GARVER ENGINEERS, LLC TO REDUCE THE FEE FOR CONSTRUCTION PHASE SERVICES BY $109,964.00 FOR MOUNT COMFORT ROAD IMPROVEMENTS CONTRACT 2, FROM ALPINE AVENUE TO RUPPLE ROAD. 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 Amendment No. 4 to the contract with Garver Engineers, LLC to reduce the fee for construction phase services by $109,964.00 for Mount Comfort Road Improvements Contract 2, from Alpine Avenue to Rupple Road. A copy of the Amendment, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 7th day of July, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS CONTRACT AMENDMENT NO. 4 — CONSTRUCTION PHASE SERVICES Mt. Comfort Road Improvements — (Construction Contract No. 2) Rupple Road to Alpine Avenue This Contract Amendment No. 4, datedU.k, 2009 shall amend the original contract between the CITY OF FAYETT VLLE (Fayetteville, Arkansas) and GARVER ENGINEERS, LLC (GARVER), dated September 19, 2006 for proposed improvements to Mt. Comfort Road from Interstate 540 to Rupple Road, referred to in the following paragraphs as the original contract. Previously executed, Contract Amendment No. 1 added professional engineering and survey services for Design and Bidding Phase Services of Construction Contract No. 1 and for Design Phase Services for Construction Contract No. 2. Previously executed, Contract Amendment No. 2 added professional engineering and surveying services for the Construction Phase Services of Construction Contract No. 1. Previously executed Contract Amendment No. 3 added professional engineering and surveying services for the Bidding Services and Construction Phase Services of Construction Contract No. 2. This Contract Amendment No. 4 decreases the tasks included in the Construction Phase Services Contract, as described herein. The original contract is hereby modified as follows: SECTION 6 — PAYMENT TO GARVER 6.1 Compensation Replace "not to exceed $1,508,075" with "not to exceed $1,398,112". 6.1.7 Construction Phase Services Replace "shall pay GARVER an amount estimated to be $240,000" with "shall pay GARVER an amount estimated to be $130,036." Contract Amendment No. 4 Mt. Comfort Road 1 ora 0605-1200 APPENDIX A 2.12 Construction Phase Services Delete the following tasks: 1. 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. 2. Attend progress/coordination meetings with CITY OF FAYETTEVILLE/Contractor. 3. Provide coordination with a construction materials testing firm. 4. Maintain a set of working drawings and prepare and furnish record drawings. 5. Provide part-time resident construction observation services for the 360 -calendar -day construction contract performance time. The proposed fee is based on approximately 4 hours per day, 5 days per week, during the 360 -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. 6. Prepare punch list, review final project closing documents, and submit final pay request. Delete the following construction observation services: 1. Coordinate with the firm providing construction materials quality assurance testing under separate contract with the CITY OF FAYETTEVILLE. 2. Maintain a file of quantities incorporated into the work, test reports, certifications, shop drawings and submittals, and other appropriate information. 3. 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. APPENDIX A-2 — Fee Summary Fee summary is replaced in its entirety with the attached Fee Summary. Contract Amendment No. 4 Mt. Comfort Road 2 or 3 0605-1200 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 B Title: Mayor ATTEST: Contract Amendment No. 4 Mt. Comfort Road GARVER ENGINEERS, LLC By: Brock Hoskins Title: Sr. Vice President ATTEST: 3 of 3 0605-1200 APPENDIX A-2 CITY OF FAYETTEVILLE MOUNT COMFORT ROAD IMPROVEMENTS FEE SUMMARY Original Contract Amendment No. 1 Amendment No. 2 Amendment No. 3 Amendment 010. 4 Total Traffic Studies $29,080 $0 90 $0 90 $29,080 Schematic Study $49,500 $0 90 50 $0 $49,500 Signalizalion Design $0 $37,500 $0 90 $0 837,500 Surveys - Design $97,100 $0 90 $0 90 $97,100 Surveys -Property 00 $42,300 $0 $0 $0 $42,300 Drainage Study $0 $0 90 $0 $0 $0 Environmental Handling and Documentation SO 00 90 90 $0 50 Conceptual Design $104,020 90 90 $0 $0 5104,020 Preliminary Design $0 0260,300 $0 90 SO $260,300 Final Design $0 8261,800 $0 90 00 $261,800 Prope05 Acquisition Documents 90 5100,950 $0 50 50 $100,950 Contractor Procurement Assistance Services $0 514,000 $0 $0 00 $14,000 Construction Phase Services - Contract No. 1 $0 90 $217,587 $0 $0 $217,587 Bidding Services- Contract No.2 $0 $0 00 913,588 $0 $13,588 Construction Phase Services - Contract No. 2 $0 $0 50 5240,000 9109,964 5130,036 Subtotal NTE Fee 8279,700 5716,850 0217,587 5253,588 S (109,964) 51,357,762 Subcontracted Services Geotechnical Services Record Research ARKUPS - Utility Locales Estimated Subcontract Fees Total NTE Fee $22,750 90 00 $0 00 $22,750 00 $0 00 00 SO $0 017,600 $0 00 00 SO $17,600 540,350 SO SO S0 SO 540,350 0320,050 0716,850 8217,587 5253,588 S (109,964) 01,398,112