Loading...
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