HomeMy WebLinkAbout68-09 RESOLUTIONRESOLUTION NO. 68-09
A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE
CONTRACT WITH GARVER ENGINEERS, LLC IN AN AMOUNT
NOT TO EXCEED $253,588.00 FOR BIDDING AND
CONSTRUCTION PHASE SERVICES 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. 3 to the contract with Garver Engineers, LLC
in an amount not to exceed $253,588.00 for bidding and construction phase
services 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 April, 2009.
APPROVED:
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
AMENDMENT TO AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
CONTRACT AMENDMENT NO. 3 - CONSTRUCTION PHASE SERVICES
Mt. Comfort Road Improvements - (Construction Contract No. 2) Rupple Road to
Alpine Avenue
This Contract Amendment No. 3, dated / V f/ / / 2009 shall amend
the original contract between the CITY OF FAYETTEVLLE (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. I 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. This Contract Amendment No. 3 adds professional engineering and
surveying services for the Bidding Services and Construction Phase Services of Construction
Contract No. 2, as described herein.
The original contract is hereby modified as follows:
SECTION 6 — PAYMENT TO GARVER
6.1 Compensation
Replace "not to exceed $1,254,487" with "not to exceed $1,508,075".
6.1.6 Bidding Services
Add the following:
For Bidding Services related to Constmction Contract No. 2 described herein, CITY OF
FAYETTEVILLE shall pay GARVER an amount estimated to be $13,588.
6.1.7 Construction Phase Services
Add the following:
For Construction Phase Services related to Construction Contract No. 2 described herein, CITY OF
FAYE 1 I EVILLE shall pay GARVER an amount estimated to be $240,000.
Contract Amendment No. 3
Mt. Comfort Road
1 of4 0605-1200
APPENDIX A
2.10 Bidding Services
Add the following:
During the bidding phase of Construction Contract No. 2 of the project, the Engineer will dispense
construction contract documents to perspective bidders (at the approximate cost of reproduction and
handling), support the contract documents by preparing addenda as appropriate, attend the bid
opening, prepare bid tabulation, evaluate bids, recommend award, and prepare construction
contracts.
2.12 Construction Phase Services
Add the following:
During the construction phase of work on Construction Contract No. 2, GARVER ENGINEERS
will accomplish the following:
1. Provide up to 24 man-hours plus 8 crew -hours to revise easement and right-of-way
documents during the construction phase.
2. Issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting.
3. 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.
4. Attend progress/coordination meetings with CITY OF FAYETTEVILLE/Contractor.
5. Prepare for and attend utilities coordination meeting.
6. Provide coordination with a construction materials testing firm.
7. 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.
8. Maintain a set of working drawings and prepare and furnish record drawings.
9. 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.
10. Provide up to 120 hours of survey crew for staking utilities or others features, verifying
contractor's layout and record drawings as requested by the CITY OF FAYETTEVILLE.
11. When authorized by the CITY OF FAYETTEVILLE, prepare change orders for changes in
Contract Amendment No. 3
Mt. Comfort Road
2 of 4 0605-1200
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.
12. 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 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 FAYE I I'EV ILLE weekly.
In performing construction observation services, GARVER ENGINEERS will endeavor to protect
the CITY OF FAYEI I LVILLE 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.
APPENDIX A-2 — Fee Summary
Fee summary is replaced in its entirety with the attached Fee Summary.
Contract Amendment No. 3
ML Comfort Road
•
3 of 4 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 FAY TTEVILLE GARVER ENGINEERS, LLC
By
._ .•
Lionel. J. grOrr
Title: Mayor
Brock Hoskins
Title: Sr. Vice President
ATTEST: GrAet/4t) 6 L, ATTEST: fa
...............
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FAY ETT EVILLE
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Contract Amendment No. 3
Mt. Comfort Road
4 of 4 0605-1200
APPENDIX A-2
CITY OF FAYETTEVILLE
MOUNT COMFORT ROAD IMPROVEMENTS
FEE SUMMARY
Traffic Studies
Schematic Study
Signallzation Design
Surveys - Design
Surveys • Property
Drainage Study
Environmental Handling and Documentation
Conceptual Design
Preliminary Design
Final Design
Property Acquisition Documents
Contractor Procurement Assistance Services
Construction Phase Services - Contract No. 1
Bidding Services - Contract No. 2
Construction Phase Services - Contract No. 2
Subtotal NTE Fee
$ ,bcantra led c n-:
Geotechnical Services
Record Research
ARKUPS - Utility Locates
Estimated Subcontract Fees
Original Contract Amendment No. 1 Amendment No. 2 Amendment No. 3
$29,080 $0 $0 50
$49,500 $0 50 $0
$0 $37,500 50 SO
$97,100 $0 $0 50
$0 $42,300 50 $0
50 50 $o $0
$0 50 50 $0
$104,020 $0 50 $0
50 5260,300 50 $0
50 $261,800 $0 $0
50 $100,950 50 50
50 $14,000 50 $0
50 50 $217,587 50
50 50 50 513,588
50 50 50 $240,000
5279,700 5718,850 5217 587 5253,588
$22 750
50
$17,600
540,350
Total NTE Fee 5320,050
50
50
$0
50
$716,850
$0
50
50
50
$217,587
$0
$0
50
so
Total
$29,080
$49,500
$37,500
597,100
542,300
50
50
$104,020
5260.300
5261,800
$100,950
$14,000
5217 587
513,588
5240,000
51,487,725
522.750
$0
$17,600
$40,350
5253,588 51,508,075
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/7/2009
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
1-1111 o,
gsrvir
Cercen
Development Services
Department
A resolution authorizing execution of Amendment No. 3 to the Engineering Contract with Garver Engineers, LLC in
an amount not to exceed $253,588 for bidding and construction phase services for Mount Comfort Road, Contract 2,
from Alpine Avenue to Rupple Road.
253,588.00
Cost of this request
4520.9520.5314.00
Account Number
06035.1500
Project Number
Budgeted Item
X
$
24,737,671.00
Category / Project Budget
Transportation Bond Improvements
Program Category / Project Name
11,187,417.00 Professional Services
Funds Used to Date Program / Project Category Name
13,550,254.00 2006A Sales Tax Construction
Remaining Balance Fund Name
Budget Adjustment Attached
Departmen Dir�ctorU
Date
SA q
City Attorney ( Date
ck
Finance and Internal Services Director
3-z3.q
Date
4.54122_
at
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
154-06
9/19/2006
1051
Comments:
•
Revised January 15, 2009
City Council Meeting of April 7, 2009
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff �p
Jeremy Pate, Development Services Director 0(
From: Chris Brown. Interim City Engineer
Date: March 20, 2009
Subject: A resolution authorizing execution of Amendment No. 3 to the Engineering
Contract with Garver Engineers, LLC in an amount not to exceed
$253,588 for bidding and construction phase services for Mount Comfort
Road, Contract 2, from Alpine Avenue to Rupple Road.
RECOMMENDATION:
Staff recommends approval of a resolution authorizing execution of Amendment No. 3 to
the Engineering Contract with Garver Engineers, LLC in an amount not to exceed
$253,588 for bidding and construction phase services for Mount Comfort Road, Contract
2, from Alpine Avenue to Rupple Road.
BACKGROUND:
Mount Comfort Road Improvements are a part of the Transportation Improvement Bond
Program. The project includes major intersection improvements at the 1540/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 1-540 to west of Rupple Road. The design has been completed by Garver,
and bids for construction have been received for contract 1. Contract Amendment No. 2
has also been approved for construction phase services by Garver for Contract 1.
Contract 2 will be advertised for bid in the corning months.
DISCUSSION:
Under this Contract Amendment, Garver will provide engineering services required
during bidding of Contract 2, and construction observation services and engineering
support during the construction of the project.
The amount of this Contract Amendment will not exceed $253,588. The original contract
amount plus amendments 1 and 2 was $1,254,487; therefore, the total amended contract
amount is $1,508,075. The contract amendment will be paid based on hourly rates for
time actually spent on the project.
1
RESOLUTION NO.
A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE
CONTRACT WITH GARVER ENGINEERS, LLC IN AN AMOUNT
NOT TO EXCEED $253,588 00 FOR BIDDING AND
CONSTRUCTION PHASE SERVICES 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. 3 to the contract with Garver Engineers, LLC
in an amount not to exceed $253,588.00 for bidding and construction phase
services 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 April, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E SMITH, City Clerk/Treasurer
Clarice Pearman - Res.68-09
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Brown, Chris
4.13.09 4:15 PM
Res.68-09
Audit
Audit
Page 1 of 1
Chris:
Attached is a copy of your agenda item passed by City Council regarding Garver Engineers, LLC Amendment No. 3. Please
let me know if there is anything else needed for this item. Have a good day.
Clarice
Clarice Buffalohead-Pearman, CMC, CAMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@afayetteville. ar. us
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