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HomeMy WebLinkAbout107-10 RESOLUTIONRESOLUTION NO. 107-10 A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE CONTRACT WITH GARVER, LLC IN THE AMOUNT OF $196,350.00 FOR ADDITIONAL DESIGN AND CONSTRUCTION PHASE SERVICES FOR THE CATO SPRINGS ROAD IMPROVEMENT 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 Amendment No. 2 to the contract with Garver, LLC in the amount of $196,350.00 for additional design and construction phase services for the Cato Springs Road Improvement Project. A copy of Amendment No. 2, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 15th day of June, 2010. APPROVED: B ATTEST: By: t SONDRA E. SMITH, City Clerk/Treasurer ���1I1111fF!!f!!,v ��o`�R4GlTR'ooP, .‘4\ Cf.FAYETTEMLLE: WS'.9,QKAN�P .�� AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS CONTRACT AMENDMENT NO. 2 Cato Springs Road Improvements This Contract Amendment No. 2, dated (,(N(1 /�/ Af7/O , 2010 shall amend the original contract between the CITY OF FAYETTEVLLE, ARKANSAS and GARVER, LLC (Garver) dated November 21, 2006 and the subsequent Contract Amendment No. 1 dated October 2, 2007 for professional engineering services in connection with the Cato Springs Road Improvements Project, from School Avenue to Razorback Road, (the "Project"). This Contract Amendment No. 2 adds professional engineering services to the existing Design Phase Services scope and adds the Construction Phase Services, as described herein. The contract is hereby modified as follows: Garver Engineers, LLC shall be replaced with Garver, LLC in the contract. SECTION 2 - BASIC SERVICES OF GARVER The following Sections supersede corresponding Sections in the original contract and Amendment No. 1. 2.1 General 2.1.1.4 The Scope of Services to be furnished by GARVER during the Construction Phase is included in Section 2.4 hereafter and in Appendix A attached hereto and made a part of this Agreement. Contract Amendment No. 2 Cato Springs Road 1 of 3 0605-1700 2.2 Design Services 2.2.1 In addition to the design services described in Amendment No. 1, Garver will perform the engineering and related services as detailed in Appendix A attached hereto and made part of this Agreement. 2.4 Construction Phase 2.4.1 The scope of services to be furnished by GARVER during the Construction Phase is described in detail in Appendix A attached hereto and made part of this Agreement. SECTION 6 — PAYMENTS TO GARVER The enumeration of Contract Sections 6.1.1, 6.1.2, and 6.1.3, as shown in Amendment No. 1 shall be revised to be 6.1.4, 6.1.5, and 6.1.6 respectively to match the original contract. In reference to 6.1 Compensation of Amendment No. 1, the not to exceed amount is hereby increased to $702,050 in accordance with the contract provisions as described in Amendment No. 1. The following Sections supersede corresponding Sections in the original contract and Amendment No. 1: 6.1.5 Final Design For the Final Design described herein, CITY OF FAYETTEVILLE shall pay GARVER an amount estimated to be $218,800. 6.1.7 Construction Phase Services For the Construction Phase Services described herein, CITY OF FAYETTEVILLE shall pay GARVER an amount estimated to be $121,750. Contract Amendment No. 2 Cato Springs Road 2 of 3 0605-1700 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 FAYE, EVIL By: Title: ATTEST: .otilltrii trot', _s,Y °' •• •� ;FAY ETT EVILLE; _ i�'• G) s� e 9°%/yq�kANSPoJ?.'�� 41, GTON Brock Hoskins, PE Title: Sr. Vice President ATTEST: 40-7_....0010111111111.1. I� Contract Amendment No. 2 3 of 3 0605-1700 Cato Springs Road APPENDIX A -- SCOPE OF SERVICES Amendment No. 2 2.6 Final Design Add the following design tasks that have been necessitated by two primary factors: 1.) the substantial length of increased contract time between final design and project bidding that was beyond the control of both the City of Fayetteville and Garver; and 2.) project design revisions requested by the City of Fayetteville: 1. Design approximately 800 -ft of modular block retaining walls to replace roadway embankment. 2. Design an underground drainage system as necessary for the installation of the retaining walls. 3. The widened portion of the roadway shall be redesigned to incorporate a Portland Cement Concrete Base in lieu of an asphalt material. 4. Revise plans to reflect all new developments and utilities along the corridor that have been installed and completed since the original survey. 5. Re -compute project quantities and revise the Unit Price Schedule contained in the Contractor Project Manuals. 6. Re -compute and revise the Opinion of Probable Costs to reflect the revisions to the project plans and quantities. 7. Prepare for and attend an additional utility coordination meeting. 8. Provide additional time for coordination with the A&M Railroad Company for improvements to the three railroad crossings. 9. Prepare for and attend two additional public Committee/City Council meetings. 10. Provide additional time for coordination with the City Engineering Staff, FHWA, AHTD, and the University of Arkansas. 2.12 Construction Phase Services During the construction phase of work, Garver will accomplish the following: 1. Issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting. 2. Prepare for and attend utilities coordination meeting if necessary. 3. Attend progress/coordination meetings with the City of Fayetteville/Contractor. 4. Evaluate and respond to 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. Garver's review shall not constitute approval of safety precautions or constitute approval of construction means, methods, techniques, sequences, procedures, or assembly of various components. When certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, either directly or implied for a complete and workable system, Garver shall be entitled to rely upon such submittal or implied certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 5. Issue instructions to the Contractor on behalf of the City of Fayetteville and issue necessary clarifications (respond to RFIs) regarding the construction contract documents. 6. Provide part-time resident construction observation services for the 360 -calendar -day Appendix A - Scope of Services 1 of 3 0605-1700 Cato Springs Road Improvements Amendment No. 2 construction contract performance time. The proposed fee is based on approximately 2 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 will pay Garver an additional fee agreed to by the City and Garver. 7. Provide up to 24 hours of survey crew time for field checking quantities, contractor's layout, etc. 8. Participate in final project inspection. Construction observation services will be provided by Garver'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. In performing construction observation 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. However, if at any time during construction Garver observes that the Contractor's work does not comply with the construction contract documents, Garver will 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. 2.13 Project Deliverables The following additional items will be submitted to the City of Fayetteville, or others as indicated, by Garver: 1. Three copies of the revised Final Design with the updated opinion of probable construction cost. 2. One copy of the revised Final Plans to each potentially affected utility company. 3. Three copies of the Final Plans and Specifications to the Contractor. 4. Two copies of approved shop drawings/submittals from the Contractor. 5. Electronic files as requested. 2.14 Extra Work The following additional items are also not included under this agreement but will be considered as extra work: 1. Services after construction, such as warranty follow-up, operations support, etc. 2. Maintain a set of working drawings and prepare and furnish record drawings. 3. Review of the Contractor's progress payment requests and recommendations to the City of Fayetteville regarding payment. 4. Preparation of change orders for changes in the work from that originally provided for in the construction contract documents including the redesign or substantial engineering or surveying required for the preparation of these change order documents. Appendix A - Scope of Services 2 of 3 0605-1700 Cato Springs Road Improvements Amendment No. 2 5. Prepare final punch list and review of the final project closing documents. 6. Maintain a file of quantities incorporated into the work, test reports, certifications, shop drawings and submittals, and other information. 7. Maintain a project diary which will contain information pertinent to each site visit. Extra Work will be as directed by the City of Fayetteville in writing for an additional fee as agreed upon by the City of Fayetteville and Garver. 2.15 Schedule Garver shall begin work under this Agreement within ten (10) days of a Notice to Proceed and shall complete the work in accordance with the schedule below: Phase Description Calendar Days Final Design Revisions 30 days after receiving AHTD Final Comments Appendix A - Scope of Services 3 of 3 0605-1700 Cato Springs Road Improvements Amendment No. 2 APPENDIX A-2 CITY OF FAYETTEVILLE CATO SPRINGS ROAD IMPROVEMENTS FEE SUMMARY Original Contract Amendment No. 1 Amendment No. 2 Total Traffic Studies $11,200 $0 $0 $11,200 Schematic Study $0 $0 $0 $0 Signalization Design $0 $0 $0 $0 Surveys $80,400 $0 $0 $80,400 Drainage Study $0 $0 $0 $0 Conceptual Design $76,250 $0 $0 $76,250 Preliminary Design $0 $121,950 $0 $121,950 Final Design $0 $144,200 $74,600 $218,800 Property Acquisition Documents $0 $0 $0 $0 Bidding Services $0 $12,000 $0 $12,000 Construction Phase Services $0 $0 $121,750 $121,750 Subtotal NTE Fee $167,850 $278,150 $196,350 $642,350 Subcontracted Services Geotechnical Services $15,000 $0 $0 $15,000 Record Research $0 $0 $0 $0 ARKUPS - Utility Locates $14,800 $0 $0 $14,800 Existing Bridge Evaluation $10,000 $0 $0 $10,000 Environmental Documentation $19,900 $0 $0 $19,900 Estimated Subcontract Fees $59,700 $0 $0 $59,700 Total NTE Fee $227,550 $278,150 $196,350 $702,050 APPENDIX El CITY OF FAYETTEVILL-E CATO SPRINGS ROAD IMPROVEMENTS Amendment No. 2 FINAL DESIGN WOW( TAM 132&27.11-1 HON 2.6 2.5 to 2.3 2.2 2.1 2.2 D•1 T.2 T•1 5214.00 517600 5145.00 6129.00 5104.00 508.00 5110.00 580.00 501.00 580.00 he hr Sr hr hr hr In M 11r hr 1. Civil Engineering Final Piens Typical Sections- 4erision5 2 8 10 12 Plan b Profile Sheets- Reri3ima 2 4 8 24 40 48 Crow Seceore - Revisions 2 16 20 24 !Drainage Impreremcnts Rcbining Wall Provisions 2 8 8 24 30 Sidewalks- Revisions 2 6 0 Typical Demlle- Rerlslona 6 6 8 10 Erosion Control Plans - Revisions 2 8 8 Additional COareinalion with Railroad 4 6 8 4 Additional Coordnallm with Utility Campanian 2 6 8 4 Additional Cocrdmalion and Shrelinge obit Owen- 6 6 8 SpsdOca8onsrpontract Documents- Reshalons 2 24 20 4 Recalalele Ouan0ges 2 112 18 11 10 Revhw Opinion a PPrebao14Conoh*.Wn Cosi 2 8 10 4 2 OC R6416Wy 2 8 8 4 2 Subtotal. Civil Engineering 4 34 0 102 134 130 9 14 0 158 2. Slsvch+ral Engineering RNalning Wall LoyautiSoustiona 4 a 20 24 32 Structural Details 2 12 10 2 16 Slmclural %mottoa8cns 2 4 18 4 2 QC Review 2 4 6 Sn6total- Structural Engineering 2 12 0 30 48 30 0 0 0 SO Hewn Salary Coate SIOT0Tu - SALARIES: 51,264.06 DIRECT NON.IABOR EXPENSES Document Prinlisg0ReprndadWrJAsso nt[y Pea0OyerFneigh 1Dourier TIMM Coln $400.00 169.013 1106.00 40 50,096.00 50.00 516.238.00 116,028.00 114,080.00 50.00 13,204.00 40.00 514,214.00 574,042.00 574,042.00 182 fol 160 14 MAN HOUR SUBTOTALS 208 746 SUBTOTAL - DIRECT NDN. ASOR EXPENSES: 5660.00 TOTAL FEE: 174,000.00 APPENDIX D CITY OF FAYETTEVILLE CATO SPRINGS ROAD IMPROVEMENTS Amendment Na 2 CONSTRUCTION PHASE SERVICES WOW 213615 DE2CgIPT1YR E-0 E-5 0-4 Et. (-2 E-1 5-5 54 6-a a`� 0-2 2-2 G1 521440 52 51'2600 412500 512300 112600 060.00 5119.60 µY.00 Woo415400 513400 510200 MAO^---- Iv 1. I. hr Fr Ir hr hr hr hr Ir 6 1. 24211125012.2145 Proper, Acrd rd oou.n.41354am00Vos 614w5 4 2 0 12 1 LOOP 000.44o41421 e Mill CeerdAlSmi e a 040.2411..4 of Cord • ane R4y. in Co0rcbla 614o LOWOOV&4m5ak 0 16 e AklxhlyPmOry 090491105 xih 03525533056L 24 24 511 Yobs aM 544925 NO46S1 8 4 12 12 0061004202 With Canh.[bnV FI R..s 5] 24 Aoklrlh 0r 060600 O1 O 6!4 0 10 pGn na 0262044 849 400001 Cpnp1a69n P2.y0ol lrxx B 0 ..� F ICongL0on Prgw Fy09d4n E e 0610510I1444201261...,.4...1050'0 4 4 B 24 240 1/.551.14 Coo2o540n00656025 • 1kli4010.04on. rd 20446 p.r Ow) [3406,2 4. 00 6 4 445 x5W1sa0045 a: 314652551- Moll En6InMr1g 0 15 0 12 155 0 4 1 0 21 0 150 0 2. 54744/141E5000144156 R4200/2217h411. 4 6 6 4xMatal-=Wd,7oi224212.x.10 0 4 0 0 0 0 0 0 0 0 0 0 0 How. Palmy Cela B11620/TOL • 000015E sem 061142T 60144 AI0T 00014400E OEL611Hi1IPTtroVbp SOOLOOVOOMbly ILApFrryWCarnr Suoey SPX,. Tr.rr Cold 501001 510005 0100.00 5470440 $4.61002 5115,72600 1040 57.64000 51641540 50002 151 26202444 SUBTOTALS 1,164 541540 505200 5000 53494.00 WAP 58251540 5.20 0113,740.26 6YVTOTHL-DIRECT 0024iA0ORE0 4145009 4211601 0115TOTAL: 5111,047.21 Ene141106Wen (4 Moles in 2211) 04402.69 TOTAL FEE 1121,71040 Chris Brown Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/15/2010 City Council Meeting Date Agenda Items Only Engineering Division Action Required: Development Services Department Resolution Approving Contract Amendment No. 2 with Garver, LLC for Design and Construction Phase Services Related to Cato Springs Road Improvements 196,350.00 Cost of this request 4520.9520.5809.00 Account Number 06035.1200 Project Number Budgeted Item X 20,547,515.00 Category / Project Budget Transportation Bond Street Improvements Program Category / Project Name 5,429,264.42 Transportation Bonds Funds Used to Date Program / Project Category Name 15,118,250.58 2006A Sales Tax Construction Remaining Balance Fund Name Budget Adjustment Attached MINN Department 8'irector Date t -i- to Date 4-3- 26 to Finance and Internal Services Director Date Chief o St Date Ma.r Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Comments: Revised January 15, 2009 ttvll1e www.accessfayetteville.org CITY COUNCIL AGENDA MEMO THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of June 15, 2010 To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director zit From: Chris Brown, City Engineer Date: May 28, 2010 Subject: Resolution Approving Contract Amendment No. 2 with Garver, LLC for Design and Construction Phase Services Related to Cato Springs Road Improvements PROPOSAL Cato Springs Road is included in the Transportation Bond Program, with construction planned to begin later this year, after right of way acquisition is completed. The City has contracted with Garver, LLC for engineering design services on the project. An amendment to the contract with Garver is needed at this time in order for Garver to complete the design, and to establish construction phase services on the project, as detailed below. To date, Garver has completed traffic studies, environmental documentation, surveys, and conceptual and preliminary design. As the design has progressed, Arkansas State Highway and Transportation Department (AHTD) reviews have resulted in significant additional design effort needed in order to complete the plans. In particular, the AHTD requirement that right of way be acquired to beyond the limits of embankments required the use of retaining walls to reduce the footprint of the project and minimize impacts to property owners. While the retaining walls will result in a savings to the City due to the reduced right of way needs, the design of these walls, plus the associated drainage design, and recalculation of quantities due to the changes, has resulted in the need for additional design effort by Garver. Secondly, the preliminary plans were completed in mid -2008. Since that time, the right of way process, and coordination with AHTD on this process, has stalled the project. Additional meetings and coordination efforts by Garver have been required as a result of these delays. This has resulted in a increase in effort by Garver as well. The total additional design cost resulting from the above items is $74,600. The proposed amendment also includes construction phase services on the project, to include: review of construction submittals, engineering support during construction, and resident inspection services. The total construction phase services fee is proposed to be $121,750. As is typical on these types of projects, THE CITY OF FAYETTEVILLE, ARKANSA construction phase services were not part of the original contract. It is now time to proceed with adding these services to the contract and establishing the fee for this work. Since Cato Springs Road is a federal -aid project, the level of documentation and inspection effort will be higher than a typical City funded project. In-house inspection staff will be used to provide the bulk of the inspection; however, Garver's assistance and expertise with the documentation requirements on the project will be required. Therefore, the contract amendment includes inspection services from Garver averaging 2 hours per day for the length of the construction contract. If Garver were to provide all of the inspection services, the fee would be in the $300,000 range rather than the proposed amount of $121,750. RECOMMENDATION Staff recommends approval of Amendment No. 2 to Garver's contract in the amount of $196,350 for additional design services and construction phase services. This item was reviewed by the Street Committee on May 26, 2010, and the Committee voted to recommend approval of the contract amendment as well. BUDGET IMPACT Cato Springs Road is in the Transportation Bond Program. The cost of this contract amendment will be paid for out of funds allocated for Cato Springs Road in the Bond Program. RESOLUTION NO. A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE CONTRACT WITH GARVER, LLC IN THE AMOUNT OF $196,350.00 FOR ADDITIONAL DESIGN AND CONSTRUCTION PHASE SERVICES FOR THE CATO SPRINGS ROAD IMPROVEMENT 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 Amendment No. 2 to the contract with Garver, LLC in the amount of $196,350.00 for additional design and construction phase services for the Cato Springs Road Improvement Project. A copy of Amendment No. 2, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 15th day of June, 2010. APPROVED: ATTEST: By: By: LIONELD JORDON, Mayor SONDRA E. SMITH, City Clerk/Treasurer AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS CONTRACT AMENDMENT NO. 2 Cato Springs Road Improvements This Contract Amendment No. 2, dated , 2010 shall amend the original contract between the CITY OF FAYETTEVLLE, ARKANSAS and GARVER, LLC (Garver) dated November 21, 2006 and the subsequent Contract Amendment No. 1 dated October 2, 2007 for professional engineering services in connection with the Cato Springs Road Improvements Project, from School Avenue to Razorback Road, (the "Project"). This Contract Amendment No. 2 adds professional engineering services to the existing Design Phase Services scope and adds the Construction Phase Services, as described herein. The contract is hereby modified as follows: Garver Engineers, LLC shall be replaced with Garver, LLC in the contract. SECTION 2 - BASIC SERVICES OF GARVER The following Sections supersede corresponding Sections in the original contract and Amendment No. 1. 2.1 General 2.1.1.4 The Scope of Services to be furnished by GARVER during the Construction Phase is included in Section 2.4 hereafter and in Appendix A attached hereto and made a part of this Agreement. Contract Amendment No. 2 Cato Springs Road 1 of 3 0605-1700 2.2 Design Services 2.2.1 In addition to the design services described in Amendment No. 1, Garver will perform the engineering and related services as detailed in Appendix A attached hereto and made part of this Agreement. 2.4 Construction Phase 2.4.1 The scope of services to be furnished by GARVER during the Construction Phase is described in detail in Appendix A attached hereto and made part of this Agreement. SECTION 6 — PAYMENTS TO GARVER The enumeration of Contract Sections 6.1.1, 6.1.2, and 6.1.3, as shown in Amendment No. 1 shall be revised to be 6.1.4, 6.1.5, and 6.1.6 respectively to match the original contract. In reference to 6.1 Compensation of Amendment No. 1, the not to exceed amount is hereby increased to $702,050 in accordance with the contract provisions as described in Amendment No. 1. The following Sections supersede corresponding Sections in the original contract and Amendment No. 1: 6.1.5 Final Design For the Final Design described herein, CITY OF FAYE 1"1'hVILLE shall pay GARVER an amount estimated to be $218,800. 6.1.7 Construction Phase Services For the Construction Phase Services described herein, CITY OF FAYETTEVILLE shall pay GARVER an amount estimated to be $121,750. Contract Amendment No. 2 2 of 3 0605-1700 Cato Springs Road 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 GARVER, LLC By: By: Brock Hoskins, PE Title: Title: Sr. Vice President ATTEST: ATTEST: Contract Amendment No. 2 3 of 3 0605-1700 Cato Springs Road APPENDIX A — SCOPE OF SERVICES Amendment No. 2 2.6 Final Design Add the following design tasks that have been necessitated by two primary factors: 1.) the substantial length of increased contract time between final design and project bidding that was beyond the control of both the City of Fayetteville and Garver; and 2.) project design revisions requested by the City of Fayetteville: 1. Design approximately 800 -ft of modular block retaining walls to replace roadway embankment. 2. Design an underground drainage system as necessary for the installation of the retaining walls. 3. The widened portion of the roadway shall be redesigned to incorporate a Portland Cement Concrete Base in lieu of an asphalt material. 4. Revise plans to reflect all new developments and utilities along the corridor that have been installed and completed since the original survey. 5. Re -compute project quantities and revise the Unit Price Schedule contained in the Contractor Project Manuals. 6. Re -compute and revise the Opinion of Probable Costs to reflect the revisions to the project plans and quantities. 7. Prepare for and attend an additional utility coordination meeting. 8. Provide additional time for coordination with the A&M Railroad Company for improvements to the three railroad crossings. 9. Prepare for and attend two additional public Committee/City Council meetings. 10. Provide additional time for coordination with the City Engineering Staff, FHWA, AHTD, and the University of Arkansas. 2.12 Construction Phase Services During the construction phase of work, Garver will accomplish the following: 1. Issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting. 2. Prepare for and attend utilities coordination meeting if necessary. 3. Attend progress/coordination meetings with the City of Fayetteville/Contractor. 4. Evaluate and respond to 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. Garver's review shall not constitute approval of safety precautions or constitute approval of construction means, methods, techniques, sequences, procedures, or assembly of various components. When certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, either directly or implied for a complete and workable system, Garver shall be entitled to rely upon such submittal or implied certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 5. Issue instructions to the Contractor on behalf of the City of Fayetteville and issue necessary clarifications (respond to RFIs) regarding the construction contract documents. 6. Provide part-time resident construction observation services for the 360 -calendar -day Appendix A - Scope of Services l'of 3 0605-1700 Cato Springs Road improvements Amendment No. 2 construction contract performance time. The proposed fee is based on approximately 2 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 will pay Garver an additional fee agreed to by the City and Garver. 7. Provide up to 24 hours of survey crew time for field checking quantities, contractor's layout, etc. 8. Participate in final project inspection. Construction observation services will be provided by Garver'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. In performing construction observation 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. However, if at any time during construction Garver observes that the Contractor's work does not comply with the construction contract documents, Garver will 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. 2.13 Project Deliverables The following additional items will be submitted to the City of Fayetteville, or others as indicated, by Garver: 1. Three copies of the revised Final Design with the updated opinion of probable construction cost. 2. One copy of the revised Final Plans to each potentially affected utility company. 3. Three copies of the Final Plans and Specifications to the Contractor. 4. Two copies of approved shop drawings/submittals from the Contractor. 5. Electronic files as requested. 2.14 Extra Work The following additional items are also not included under this agreement but will be considered as extra work: 1. Services after construction, such as warranty follow-up, operations support, etc. 2. Maintain a set of working drawings and prepare and furnish record drawings. 3. Review of the Contractor's progress payment requests and recommendations to the City of Fayetteville regarding payment. 4. Preparation of change orders for changes in the work from that originally provided for in the construction contract documents including the redesign or substantial engineering or surveying required for the preparation of these change order documents. Appendix A - Scope of Services 2 of 3 0605-1700 Cato Springs Road Improvements Amendment No. 2 5. Prepare final punch list and review of the final project closing documents. 6. Maintain a file of quantities incorporated into the work, test reports, certifications, shop drawings and submittals, and other information. 7. Maintain a project diary which will contain information pertinent to each site visit. Extra Work will be as directed by the City of Fayetteville in writing for an additional fee as agreed upon by the City of Fayetteville and Garver. 2.15 Schedule Garver shall begin work under this Agreement within ten (10) days of a Notice to Proceed and shall complete the work in accordance with the schedule below: Phase Description Calendar Days Final Design Revisions 30 days after receiving AHTD Final Comments Appendix A - Scope of Services 3 of 3 0605-1700 Cato Springs Road Improvements Amendment No. 2 APPENDIX A-2 CITY OF FAYETTEVILLE CATO SPRINGS ROAD IMPROVEMENTS FEE SUMMARY Original Contract Amendment No. 1 Amendment No. 2 Total Traffic Studies $11,200 $0 $0 $11,200 Schematic Study $0 $0 $0 $0 Signalization Design $0 $0 $0• $0 Surveys $80,400 $0 $0 $80,400 Drainage Study $0 $0 $0 $0 Conceptual Design $76,250 $0 $0 $76,250 Preliminary Design $0 $121,950 $0 $121,950 Final Design $0 $144,200 $74,600 $218,800 Property Acquisition Documents $0 $0 $0 $0 Bidding Services $0 $12,000 $0 $12,000 Construction Phase Services $0 $0 $121,750 $121,750 Subtotal NTE Fee $167,850 $278,150 $196,350 $642,350 Subcontracted Services Geotechnical Services $15,000 $0 $0 $15,000 Record Research $0 $0 $0 $0 ARKUPS - Utility Locates $14,800 $0 $0 $14,800 Existing Bridge Evaluation $10,000 $0 $0 $10,000 Environmental Documentation $19,900 $0 $0 $19,900 Estimated Subcontract Fees $59,700 $0 $0 $59,700 Total NTE Fee $227,550 $278,150 $196,350 $702,050 k WI ion-ifl Cato Springs Road Widening Part of Parcel No. 765-15055-001 Tract No. 19 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: f lI MIIIllllM 111111!Ii lilt!f I1111llllllit 11111ilihuh ii Ill! I Doc ID: 013547270002 Type: REL Kind: WARRANTY DEED Recorded: 07/19/2010 at 03:38:58 PM Fee Amt: $20.00 Page I of 2 Washinaton County. AR Bette Stamps Circuit Clerk Ft1e2010-00020174 A part of the South Half (S'/) of the Southwest Quarter (SW%) of the Southwest Quarter (SW%) of Section Twenty-one (21), Township Sixteen (16) North, Range Thirty (30) West in Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of said twenty (20) acre tract; thence along the South line of said tract South 87°1 3'23" East 550.00 feet to the POINT OF BEGINNING being on the West line of a property described in Instrument Number 95-29605 with the Circuit Clerk of said county; thence along said West line North 15°01'04" West 31.75 feet; thence leaving said West line North 81°27'50" East 49.78 feet to the East line of said property; thence along said East line South 0916'43" West 40.26 feet to the South line of said twenty (20) acre tract; thence along said South line North 87°13'23„ West 34.55 feet to the Point of Beginning, containing 1476 square feet, more or less; LESS AND EXCEPT that portion deeded to the City of Fayetteville in Book 704, Page 169 as recorded with said Circuit Clerk, containing 513 square feet, having a net total of 963 square feet, consisting of 543 square feet in existing right-of-way and 420 square feet in new proposed right-of-way. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this the ° y -day OftAf, , 2010 City F yetteville, Arkansas, A munipal corporation By: ATTEST io Id Jordan, M o 1411117 H1! � [Seal] y,�`��;'G1�Y Q,c•.�U,9 Sondra Smith, City Clerk ACKNOWLEDGMENT :�•'9 5Pc'•�A, STATE OF ARKANSAS SS. ��1141111111441, COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this 2R -f, day of , 2010 MY COMMISSION EXPIRES: i ['jX' JILL S. GODD "' Q ?� JILL MY COMMISSION #12361946 ' f EXPIRES: September 18, 2017 SW 1/4, SW 1/4 \\ SEC. 21,T -16-N. R -30-W 765-15055-001 CITY OF FAYETTEVILLE 95-29605 \ THE BUNGALOWS AT CATO SPRINGS LOT 32 ra 765.15054.003 IRA DYLAN STOUT 2009-2093 ?V"` .78 SMI Corner N81.27 50"E EXT. R/w Section 21 zo T -16—N, 588'4i'23"E Ses•44'23•g R -30—W `EXT. R/W! 29.40' 18.4J'\ oW r S�ctlon L4» Rac. P.O.B. 34.55 N8T13'23"W ® PROP. R/W--------- 420 S.F. I &4.I EXIST. R/W--------- 543 S.F. TOTAL 963 S.F. / ® ACQUIRED R/W------- 513 S.F. (PER Bk. 704, Pg. 169) PROP. TEMPORARY / CONSTRUCTION EASEMENT / -1,689 S.F. EXHIBIT FEB. 2010 LAND ACQUISITION CITY OF FAYETTEVILLE Cato Springs Road Widening, W \ \o1 Iv Parcel No. 765-15055-001 1111 Tract No. 19 GENERAL UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT City of Fayetteville, Arkansas, a municipal corporation,������jlff����jjl�l��1j��1�f�llll[l1�ll[Illlll�lll�111111f111111�illlllll�r hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1,00) and other good and valuable consideration, the receipt of which is hereby Doc ID: 013547280003 Type: REL acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, Fee°Amt $205.007/19/2010 itof3339'23 PM and unto Grantee's successors and assigns, a permanent easement for the purpose Washington County. AR of construction, maintenance, repair and/or replacement, enlargement and Bette Stamos Circuit Clark operations of roadway, drainage, sidewalks, and general utilities including water F11e2010-00020175 and/or sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone, fiber optic cable(s) and television communication line or lines, and appurtenances thereto, on over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Deed Ref. 95-029605) A part of the South Half (S'/%) of the Southwest Quarter (SW%) of the Southwest Quarter (SW'/4) of Section 21 in Township 16 North of Range 30 West, Washington County, Arkansas, more particularly described as follows, to -wit: Commencing at the Southwest corner of said Section 21 and running South 87° 13' 26" East along the South, line of said Section 21 a distance of 584.55 feet to the Point of Beginning; thence North 09° 16' 40" East a distance of 268.00 feet; thence North 09° 14' 37" East 53.37 feet; thence North 09° 39' 50" East 140.15 feet; thence North 06° 11' 27" East 69.72 feet; thence North 169 08' 04" East 136.24 feet to the North line of the S% of the SW%. of the SW% of said Section 21; thence South 37° 5318" West 402.77 feet; thence South 15° 19' 24" East 348.44 to the South line of said Section 21; thence South 87° 13' 26" East 34.54 feet to the Point of Beginning, containing 1.46 acres, more or less. The bearings for this description are based on the City of Fayetteville Global Positioning Satellite System, which may vary from the bearing system previously used in describing the subject property. LESS AND EXCEPT Cato Springs Road right-of-way: A part of the South Half (S'/2) of the Southwest Quarter (SW%) of the Southwest Quarter (SW'%) of Section Twenty-one (21), Township Sixteen (16) North, Range Thirty (30) West in Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of said twenty (20) acre tract; thence along the South line of said tract South 87°13'23" East 550.00 feet to the POINT OF BEGINNING being on the West line of a property described in Instrument Number 95-29605 with the Circuit Clerk of said county; thence along said West line North 15°01'04" West 31.75 feet; thence leaving said West line North 81'27'50" East 49.78 feet to the East line of said property; thence along said East line South 09°16'43" West 40.26 feet to the South line of said twenty (20) acre tract; thence along said South line North 87°13'23" West 34.55 feet to the Point of Beginning, containing 1476 square feet, more or less; LESS AND EXCEPT that portion deeded to the City of Fayetteville in Book 704, Page 169 as recorded with said Circuit Clerk, containing 513 square feet, having a net total of 963 square feet, consisting of 543 square feet in existing right-of-way and 420 square feet in new proposed right-of-way. PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide utility easement lying Northerly of, parallel to, and adjacent to the new proposed Cato Springs right-of-way and bounded by the East and West lines of said property described in said Instrument Number 95-29605 as recorded with said Circuit Clerk, containing 1083 square feet, more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, lines and/or cables where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above water. The Grantor agrees no to erect any buildings or structures in said permanent easement. GENERAL UTILITY EASEMENT City of Fayetteville, Arkansas Page 2 of The Grantee shall have the right to construct additional pipe lines, electric power lines, telephone and/or television lines or cables upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the i_______ day of , 2010. &Z Sondr Smith, City Clerk STATE OF ARKANSAS COUNTY OF WASHINGTON City of Fayetteville, Arkansas, A municip I corporation By: o Id Jordan, MV ;�� . •G1� Y pF •;�'�. [Seal] z� : • A :FAYETTEVILLE: ACKNOWLEDGMENT ss. • y. ANA 111111 N BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. O WITNESS my hand and seal on this .24-t day of JV___ , 20 118 No Public MY COMMISSION EXPIRES: JILL S. GODDARD MY COMMISSION 012361946 EXPIRES: September iS, 2017 '•'. Kea*•' Washington County ZS 765-15054-000 IRA 0YL4N STOUT 20092093 SW Corder Section 21 T -16—N, R -30—W �--�— -- S 87'1323" E 350.00' P.aC. SW 114, SW 114 SEC. 21,1-16-N. R -30-W 79 765-15055-001 CITY OF FAYETTEVILLE 95-29605 THE BUNGALOWS Al CATO SPRINGS LOT 32 .t .o -q�p ,>� O - — — -p: -I 1 NSt'27'�'E 49.79 S88'41'23E 385'44'23`E 29.40' 16.43'\ ,s s863r4o"E: N h ! ou; v Sc J s�r Ori Soctim um 345 `r " �-� ® PROP. R/W--------- 420 S.F. / i EXIST. R/W------------ 543 S.F. / TOTAL 963 S.F. ACQUIRED R/W------- 513 S.F. (PER Ok. 704, Pg. 169) / / EXHIBIT FEB. 2010 UTILITY EASEMENT CITY OF FAYETTEVILLE Cato Springs Road Widening i `1 ` O Parcel No. 765-15055-001 �� Tract No. 19-E TEMPORARY CONSTRUCTION AND GRADING EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a temporary construction and grading easement on, over, and through the following described land situated in the County of Washington, State of Arkansas, for the sole purposes necessary for construction of street improvements, to -wit: PROPERTY DESCRIPTION: (Deed Ref. 95-029605) A part of the South Half (S%) of the Southwest Quarter (SW'/4) of the Southwest Quarter (SW'/.) of Section 21 in Township 16 North of Range 30 West, Washington County, Arkansas, more particularly described as follows, to -wit: Commencing at the Southwest corner of said Section 21 and running South 87° 13' 26" East along the South line of said Section 21 a distance of 584.55 feet to the Point of Beginning; thence North 09° 16' 40" East a distance of 268.00 feet; thence North 09° 14' 37" East 53.37 feet; thence North 09° 39' 50" East 140.15 feet; thence North 06° 1127" East 69.72 feet; thence North 16° 08' 04" East 136.24 feet to the North line of the S'/2 of the SW% of the SW'/4 of said, Section 21; thence South 37° 53' 18" West 402.77 feet; thence South 15' 19' 24" East 348.44 to the South line of said Section 21; thence South 87° 13' 26" East 34.54 feet to the Point of Beginning, containing 1.46 acres, more or less. The bearings for this description are based on the City of Fayetteville Global Positioning Satellite System, which may vary from the bearing system previously used in describing the subject property. LESS AND EXCEPT Cato Springs Road right-of-way: A part of the South Half (S'/) of the Southwest Quarter (SW%) of the Southwest Quarter (SW%) of Section Twenty-one (21), Township Sixteen (16) North, Range Thirty (30) West in Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of said twenty (20) acre tract; thence along the South line of said tract South 87°13'23" East 550.00 feet to the POINT OF BEGINNING being on the West line of a property described in Instrument Number 95-29605 with the Circuit Clerk of said county; thence along said West line North 15°01'04" West 31.75 feet; thence leaving said West line North 81°27'50" East 49.78 feet to the East line of said property; thence along said East line South 09°1643" West 40.26 feet to the South line of said twenty (20) acre tract; thence along said South line North 87°13'23" West 34.55 feet to the Point of Beginning, containing 1476 square feet, more or less; LESS AND EXCEPT that portion deeded to the City of Fayetteville in Book 704, Page 169 as recorded with said Circuit Clerk, containing 513 square feet, having a net total of 963 square feet, consisting of 543 square feet in existing right-of-way and 420 square feet in new proposed rig ht -of -way. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: A thirty (30) foot wide Temporary Construction Easement lying Northerly of, parallel to, and adjacent to the hereinabove described tract and bounded by the East and West lines of said property described in said Instrument Number 95-29605 as recorded with said Circuit Clerk, containing 1689 square feet, more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure(s) which may be located or under construction within said temporary construction easement area during the construction of this project. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The consideration first above recited as being paid to the Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this easement on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. TEMPORARY CONSTRUCTION EASEMENT City of Fayetteville, Arkansas Page 2 of 2 WITNESS the execution hereof on this OZg'"day of , 2010. Sand a Smith, City Clerk STATE OF ARKANSAS COUNTY OF WASHINGTON City of Fayetteville, Arkansas, A munical corporation By: i eld Jordan, y ' gFVTRQ",,, [Seal]'•G�' ' CF'Gp% :FAYETTEVILLE: ACKNOWLEDGMENT ss. 'i11'G ;ktyl5,.".� BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this_ day of J'LJ, 2010. Nota blic MY COMMISSION EXPIRES: JILLS.GODDAaO MY CnM,1aS!CP+ ; 12361948 EXPIRES: SeM• rnber 18, 2017 WashinflonCounty ` N SW 1/4, SW 1/4 \\ SEC. 21, T -16-N. R -30-W 79 765-15055-001 CITY OF FAYETTEVILLE 95-29605 THE BUNGALOWS AT \ CATL SPRINGS 101 32 165-15054.OX IRA DYLAN STOUT 2009-2099 SW Corner N81'2a 7� 9.78' Orr. R7w Section 21 T -16-N, f S8841'23'E 585'44'23 E R -30-W _. —eaT. R/W— — 29.40' cTp T SM37-40-E M SaTISZ7'E '5MOC ' • �� H P.ac P.OB. N87'13'23W - -1 ® PROP. R/W--------- 420 S.F. 1 EXIST. R/W--------- 543 S.F. TOTAL 963 S.F. ® ACQUIRED R/W------- (PER Bk. 704, Pg. 169) PROP. TEMPORARY CONSTRUCTION EASEMENT -1,689 S.F. S.F. / : EXHIBIT FEB. 2010 LAND ACQUISITION CITY OF FAYETTE 1LLE