HomeMy WebLinkAbout115-10 RESOLUTIONRESOLUTION NO. 115-10
A RESOLUTION APPROVING CONTRACT AMENDMENT NO. 1 WITH
GARVER, LLC IN THE AMOUNT OF $79,400.00 FOR CONSTRUCTION
PHASE SERVICES RELATED TO LAKE WILSON SPILLWAY
IMPROVEMENTS
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
Contract Amendment no. 1 with Garver, LLC in the amount of $79,400.00 for construction
phase services related to Lake Wilson spillway improvements. A copy of Contract Amendment
No. 1 is attached as Exhibit "A."
PASSED and APPROVED this 6th day of July 2010.
APPROVED:
B
0 ' ELD JO ' .'r , Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
STANDARD AMENDMENT TO AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
Project No. 09047080
CONTRACT AMENDMENT NO. 1
This Contract Amendment No. 1, dated 4 , 2010 shall amend the original
contract between the CITY OF FAYETTILL (Owner) and GARVER, LLC (Engineer),
dated September 15, 2009 referred to in the following paragraphs as the original contract.
This Contract Amendment No. 1 adds professional engineering and surveying services for
the:
Improvements to the Lake Wilson Spillway consisting primarily of repairing and
replacing the remaining portion of the existing native stone spillway to convey 0.29 of
the PMF as calculated by others and provided to Garver by the City of Fayetteville.
The original contract is hereby modified as follows:
SECTION 2 - BASIC SERVICES OF GARVER
The following Sections supersede corresponding Sections in the original contract.
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.
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 a part of this Agreement.
SECTION 6 - PAYMENTS TO GARVER
The Not -to -Exceed amount as stated in 6.1 Compensation shall be increased $79,400 for the
addition of the Construction Phase Services.
Contract Amendment No. 1 1 of 2
Lake Wilson Spillway Improvements Garver Project No. 0904-7080
The following Section supersedes the corresponding Section in the original contract.
6.1.6 Construction Phase Services
For the Construction Phase Services described herein, CITY OF FAYETTEVILLE shall
pay GARVER an amount estimated to be $79,400.
This Agreement may be executed in two (2) or more counterparts each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
OWNER
CITY OF F E`TTEVILLE
By: ��- By:
ENGINEER
Title:
ATTEST:
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Title: 52 Vp'
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Contract Amendment No. 1 2 of 2
Lake Wilson Spillway Improvements Garver Project No. 0904-7080
APPENDIX A — SCOPE OF SERVICES AMENDMENT NO. 1
2.12 Construction Phase Services
During the construction phase of work, the Engineer will accomplish the following:
1. Issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting.
2. Attend progress/coordination meetings with the Owner/Contractor.
3. Evaluate and respond to construction material submittals and shop drawings.
Corrections or comments made by the Engineer 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. The Engineer'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, the
Engineer 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.
4. Issue instructions to the Contractor on behalf of the Owner and issue necessary
clarifications (respond to RFIs) regarding the construction contract documents.
5. Review the Contractor's progress payment requests based on the actual quantities of
contract items completed and accepted, and will make a recommendation to the Owner
regarding payment. The Engineer's recommendation for payment shall not be a
representation that the Engineer has made exhaustive or continuous inspections to (1)
check the quality or exact quantities of the Work; (2) to review billings from
Subcontractors and material suppliers to substantiate the Contractor's right to payment;
or (3) to ascertain how the Contractor has used money previously paid to the
Contractor.
6. Maintain a set of working drawings and prepare and furnish record drawings.
7. Provide full-time resident construction observation services for the 210 -calendar -day
construction contract performance time. The proposed fee is based on approximately 4
hours per day, 5 days per week, during the 210 -calendar -day construction contract
performance time. If the construction time extends beyond the time established in this
agreement or if the Owner wishes to increase the time or frequency of the observation,
the Owner will pay the Engineer an additional fee agreed to by the Owner and the
Engineer.
8. Provide up to 16 hours of survey crew time for field checking quantities, contractor's
layout, etc.
9. When authorized by the Owner, prepare change orders for changes in the work from
that originally provided for in the construction contract documents. If redesign or
substantial engineering or surveying is required in the preparation of these change
order documents, the Owner will pay the engineer an additional fee to be agreed upon
Appendix A - Scope of Services 1 of 2 0904-7080
Lake Wilson Spillway Improvements Amendment No. 1
by the Owner and the Engineer.
10. Participate in final project inspection, prepare punch list, review final project closing
documents, and submit final pay request.
Construction observation services will be provided by the Engineer's Resident Project
Representative, who will provide or accomplish the following:
• Consult with and advise the Owner during the construction period.
• Coordinate with the firm providing construction materials quality assurance testing
under separate contract with the Owner.
• Maintain a file of quantities incorporated into the work, test reports, certifications,
shop drawings and submittals, and other appropriate information.
• Maintain a project diary which will contain information pertinent to each site visit.
In performing construction observation services, the Engineer will endeavor to protect the
Owner against defects and deficiencies in the work of the Contractor(s); but the Engineer
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 the Engineer observes that the
Contractor's work does not comply with the construction contract documents, the Engineer
will notify the Contractor of such non-compliance and instruct him to correct the deficiency
and/or stop work, as appropriate for the situation. The Engineer will also record the
observance, the discussion, and the actions taken. If the Contractor continues without
satisfactory corrective action, the Engineer will notify the Owner immediately, so that
appropriate action under the Owner's contract with the Contractor can be taken.
2.14 Project Deliverables
The following additional items will be submitted to the Owner, or others as indicated, by the
Engineer during the Construction Phase:
1. One hard copy set of Record Drawings.
2. Electronic files of Record Drawings as requested.
Appendix A - Scope of Services 2 of 2 0904-7080
Lake Wilson Spillway Improvements Amendment No. 1
APPENDIX B
CITY OF FAYETTEVILLE
LAKE WILSON SPILLWAY REPAIR
CONSTRUCTION PHASE SERVICES
WORK TASK DESCRIPTION
E-6
E-5
E-4
E-3
E-2
E-1
T-1
S-5
S-4
S-3
S-2
S-1
2 -Man Crew
(Survey)
C-2
C-1
$214.00
0176.00
$145.00
$123.00
5104.00
$88.00
$69.00
5119.00
594.00
$73.00
555.00
$44.00
$154.00
5102.00
583.00
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Prepare, Attend, and Document Preconstruclion Meeting
2
4
2
Progress Meetings with Contractor/City
12
4
Monthly Pay Requests
8
14
Shop Drawings/Material Submittals
12
On -Site Meetings
4
10
Resident Construction Observation (150 work days @ 4 hours per day)
600
Field checking earthwork quantities, Contractor's layout, etc.2
4
16
Prepare Change Orders
1
6
6
Final Project Inspection and Punch5st
4
2
Record Drawings4
12
Subtotal- Civil Engineering
0
7
0
0
60
6
12
2
4
0
0
0
16
622
0
2. Structural Engineering
Response to Inquiries
2
6
Shop Drawings
, 2
6
Subtotal- Structural Engineering
0
4
0
0
12
0
0
0
0
0
0
0
0
0
0
Hours
Salary Costs
SUBTOTAL -SALARIES:
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
Postage/Freight/Courier
Office Supplies/Equipment
Communications
Survey Supplies
Aerial Photography
GPS Equipment
Computer Modeling/Software Use
Traffic Counting Equipment
Travel Costs
0 11 0 0
72
6
12
2
4
MANHOUR
SUBTOTALS
16 822 745
50.00 $1,936.00 $0.00 $0.00 $7,488.00 $528.00 $828.00 5238.00 $376.00 50.00 50.00 50.00 $2,464.00 563,444.00 50.00 $77,302.00
$77,302.00
$168.00
$30.00
$0.00
50.00
$0.00
00.00
00.00
$0.00
$0.00
51,900.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: 52,098.00
SUBTOTAL: 579,400.00
SUBCONSULTANTS FEE: 50.00
TOTAL FEE: 579,400.00
Sarah Wrede
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
July 6, 2010
City Council Meeting Date
Engineering
Division
Action Required:
Development Services
Department
Resolution Approving Contract Amendment No. 1 with Garver, LLC for Construction Phase Services Related to Lake
Wilson Spillway Improvements in the amount of $79,400.
79,400.00
Cost of this request
400,000.00
4470.9470.5814.00 $
Account Number
10014
Project Number
Budgeted Item
X
Category / Project Budget
580.00
Lake Wilson Spillway Repair
Program Category / Project Name
Professional Services
Funds Used to Date Program / Project Category Name
399,420.00
Sales Tax Capital Improvement Fund
Remaining Balance Fund Name
Budget Adjustment Attached
G'r."
Department Di ctor
oto. al.to to
Date
-2i-l0
Date
4 11-2dw
Finance * d Internal Service Director Date
ink
Chief o` taff
or
Comments:
Date
l
ate
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
06-17-10P03:10 RCVD
Received in Mayor's Offi
av'F et e�ville
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteviile.org
CITY COUNCIL AGENDA MEMO
Council Meeting of July 6, 2010
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer C
From: Sarah Wrede, Staff Engineer
Date: June 9, 2010
Subject: Resolution Approving Contract Amendment No. 1 with Garver, LLC for Construction
Phase Services Related to Lake Wilson Spillway Improvements
PROPOSAL
In August of 2009, the City awarded a contract to Garver, LLC for engineering services associated with the
rehabilitation of the Lake Wilson spillway that was damaged by a storm event in 2004. The scope of this
contract is complete and the City is seeking a contract for construction of the spillway repairs. Construction
will begin in July of this year and is scheduled for completion by February of 2011. An amendment to the
contract with Garver is needed at this time in order to establish construction phase services on the project, as
detailed below.
The proposed amendment for construction phase services on the project will include: review of construction
submittals, engineering support during construction, and resident inspection services. As is typical on these
types of projects, 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.
The contract amendment includes inspection services from Garver averaging 4 hours per day, 5 days per week
for the length of the construction contract.
RECOMMENDATION
Staff recommends approval of Amendment No. 1 to Garver's contract in the amount of $79,400 for construction
phase services.
BUDGET IMPACT
$400,000 is budgeted in the Lake Wilson Spillway Repair account. Construction Phase Services are an eligible
expense for reimbursement from the Environmental Protection Agency (EPA) and Arkansas Department of
Emergency Management (ADEM). FEMA will reimburse 75% of the funds based only on work for damage
that occurred during the original 2004 disaster. The Arkansas Department of Emergency Management (ADEM)
will reimburse 12.5%. The City is responsible for 12.5% of the total project costs. ADEM will make a final
determination of whether the project scope meets the original intended scope to repair only damage from the
THE CITY OF FAYETTEVILLE, ARKANSA
2004 disaster. Funds will be reimbursed based on documentation of actual costs submitted to ADEM upon
completion of the project. Assuming all expenses incurred under this contract are reimbursable, the City's cost
for this contract amendment will be $9,925.00.
STANDARD AMENDMENT TO AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
Project No. 09047080
CONTRACT AMENDMENT NO. 1
This Contract Amendment No. 1, dated , 2010 shall amend the original
contract between the CITY OF FAYETTEVILLE (Owner) and GARVER, LLC (Engineer),
dated September 15, 2009 referred to in the following paragraphs as the original contract.
This Contract Amendment No. 1 adds professional engineering and surveying services for
the:
Improvements to the Lake Wilson Spillway consisting primarily of repairing and
replacing the remaining portion of the existing native stone spillway to convey 0.29 of
the PMF as calculated by others and provided to Garver by the City of Fayetteville.
The original contract is hereby modified as follows:
SECTION 2 - BASIC SERVICES OF GARVER
The following Sections supersede corresponding Sections in the original contract.
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.
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 a part of this Agreement.
SECTION 6 - PAYMENTS TO GARVER
The Not -to -Exceed amount as stated in 6.1 Compensation shall be increased $79,400 for the
addition of the Construction Phase Services.
Contract Amendment No. 1 1 of 2
Lake Wilson Spillway Improvements Garver Project No. 0904-7080
The following Section supersedes the corresponding Section in the original contract.
6.1.6 Construction Phase Services
For the Construction Phase Services described herein, CITY OF FAYETTEVILLE shall
pay GARVER an amount estimated to be $79,400.
This Agreement may be executed in two (2) or more counterparts each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
OWNER ENGINEER
CITY OF FAYETTEVILLE GARVE LLC
By: By:
Title:
ATTEST:
Title: 52 `/P'
Contract Amendment No. 1 2 of 2
Lake Wilson Spillway Improvements Garver Project No. 0904-7080
APPENDIX A - SCOPE OF SERVICES AMENDMENT NO. 1
2.12 Construction Phase Services
During the construction phase of work, the Engineer will accomplish the following:
1. Issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting.
2. Attend progress/coordination meetings with the Owner/Contractor.
3. Evaluate and respond to construction material submittals and shop drawings.
Corrections or comments made by the Engineer 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. The Engineer'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, the
Engineer 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.
4. Issue instructions to the Contractor on behalf of the Owner and issue necessary
clarifications (respond to RFIs) regarding the construction contract documents.
5. Review the Contractor's progress payment requests based on the actual quantities of
contract items completed and accepted, and will make a recommendation to the Owner
regarding payment. The Engineer's recommendation for payment shall not be a
representation that the Engineer has made exhaustive or continuous inspections to (1)
check the quality or exact quantities of the Work; (2) to review billings from
Subcontractors and material suppliers to substantiate the Contractor's right to payment;
or (3) to ascertain how the Contractor has used money previously paid to the
Contractor.
6. Maintain a set of working drawings and prepare and furnish record drawings.
7. Provide full-time resident construction observation services for the 210 -calendar -day
construction contract performance time. The proposed fee is based on approximately 4
hours per day, 5 days per week, during the 210 -calendar -day construction contract
performance time. If the construction time extends beyond the time established in this
agreement or if the Owner wishes to increase the time or frequency of the observation,
the Owner will pay the Engineer an additional fee agreed to by the Owner and the
Engineer.
8. Provide up to 16 hours of survey crew time for field checking quantities, contractor's
layout, etc.
9. When authorized by the Owner, prepare change orders for changes in the work from
that originally provided for in the construction contract documents. If redesign or
substantial engineering or surveying is required in the preparation of these change
order documents, the Owner will pay the engineer an additional fee to be agreed upon
Appendix A - Scope of Services 1 of 2 0904-7080
Lake Wilson Spillway Improvements Amendment No. 1
by the Owner and the Engineer.
10. Participate in final project inspection, prepare punch list, review final project closing
documents, and submit final pay request.
Construction observation services will be provided by the Engineer's Resident Project
Representative, who will provide or accomplish the following:
• Consult with and advise the Owner during the construction period.
• Coordinate with the firm providing construction materials quality assurance testing
under separate contract with the Owner.
• Maintain a file of quantities incorporated into the work, test reports, certifications,
shop drawings and submittals, and other appropriate information.
• Maintain a project diary which will contain information pertinent to each site visit.
In performing construction observation services, the Engineer will endeavor to protect the
Owner against defects and deficiencies in the work of the Contractor(s); but the Engineer
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 the Engineer observes that the
Contractor's work does not comply with the construction contract documents, the Engineer
will notify the Contractor of such non-compliance and instruct him to correct the deficiency
and/or stop work, as appropriate for the situation. The Engineer will also record the
observance, the discussion, and the actions taken. If the Contractor continues without
satisfactory corrective action, the Engineer will notify the Owner immediately, so that
appropriate action under the Owner's contract with the Contractor can be taken.
2.14 Project Deliverables
The following additional items will be submitted to the Owner, or others as indicated, by the
Engineer during the Construction Phase:
1. One hard copy set of Record Drawings.
2. Electronic files of Record Drawings as requested.
Appendix A - Scope of Services 2 of 2 0904-7080
Lake Wilson Spillway Improvements Amendment No. 1
APPENDIX B
CITY OF FAYETTEVILLE
LAKE WILSON SPILLWAY REPAIR
CONSTRUCTION PHASE SERVICES
WORK TASK DESCRIPTION
6-6
E-5
E-4
E-3
E-2
E-1
Ti -
S-5
S-4
S-3
S-2
0-1
2 -Man Crew
(Survey)
C-2
C-1
$214.00
0176.00
S145.00
$123.00
0104.00
888.00
869.00
$119.00
$94.00
$73.0D
055.00
$44.00
$154.00
$102.00
503.00
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
hr
1. Civil Engineering
Prepare, Attend, and Document Preconstruction Meeting
2
4
2
Progress Meetings with Contractor/City
12
4
Monthly Pay Requests
8
14
Shop Drawings/Material Submittals
12
On -Site Meetings
4
10
Resident Construction Observation (150 work days @ 4 hours per day)
600
Field checking earthwork quantities, Contractors layout, etc.2
4
16
Prepare Change Orders
1
6
6
Final Project Inspection and Punchlist
4
2
Record Drawings4
12
Subtotal - Civil Engineering
0
7
00
60
6
12
2
4
0
0
0
16
622
0
2. Structural Engineering
Response to Inquiries
2
6
Shop Drawings
. 2
6
Subtotal -Structural Engineering
0
4
0
0
12
0
0
0
0
0
0
0
0
0
0
Hours
Salary Costs
SUBTOTAL - SALARIES:
DIRECT NON -LABOR EXPENSES
Document Printing/Reproduction/Assembly
Postage/Freight/Courier
Office Supplies/Equipment
Communications
Survey Supplies
Aerial Photography
GPS Equipment
Computer Modeling/Software Use
Traffic Counting Equipment
Travel Costs
0 11
80.00 $1,936.00 80.00 $0.00 $7,488.00 $528.00 $828.00 $238.00 5376.00 $0.00 80.00 90.00 $2,464.00 963,444.00 $0.00 $77,302.00
077,302.00
72
12
2
4
18
622
MANHOUR
SUBTOTALS
745
$168.00
030.00
80.00
50.00
$0.00
$0.00
$0.00
$0.00
$0.00
$1,900.00
SUBTOTAL - DIRECT NON -LABOR EXPENSES: $2,090.00
SUBTOTAL: 979,400.00
SUBCONSULTANTS FEE: 80.00
TOTAL FEE: $79,400.00
RESOLUTION NO.
A RESOLUTION APPROVING CONTRACT AMENDMENT NO. 1
WITH GARVER, LLC IN THE AMOUNT OF $79,400.00 FOR
CONSTRUCTION PHASE SERVICES RELATED TO LAKE WILSON
SPILLWAY IMPROVEMENTS
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
Contract Amendment no. 1 with Garver, LLC in the amount of $79,400.00 for construction
phase services related to Lake Wilson spillway improvements. A copy of Contract Amendment
No. 1 is attached as Exhibit "A."
PASSED and APPROVED this 6th day of July 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer