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
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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:
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;FAY ETT EVILLE; _
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Brock Hoskins, PE
Title: Sr. Vice President
ATTEST:
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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
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2.6
2.5
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2.2
2.1
2.2
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5145.00
6129.00
5104.00
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Final Piens
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2
8
10
12
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2
4
8
24
40
48
Crow Seceore - Revisions
2
16
20
24
!Drainage Impreremcnts Rcbining Wall Provisions
2
8
8
24
30
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2
6
0
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6
6
8
10
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2
8
8
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4
6
8
4
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2
6
8
4
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6
6
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24
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SIOT0Tu - SALARIES:
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DIRECT NON.IABOR EXPENSES
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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
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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
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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