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Home My WebLink About60-12 RESOLUTIONRESOLUTION NO. 60-12 A RESOLUTION APPROVING AMENDMENT NO. 5 TO THE ENGINEERING CONTRACT WITH GARVER, LLC IN THE AMOUNT OF $21,679.00 TO INCREASE THE FEE FOR CONSTRUCTION PHASE SERVICES RELATED TO THE MOUNT COMFORT ROAD 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. 5 to the engineering contract with Garver, LLC in the amount of $21,679.00 to increase the fee for construction phase services related to the Mount Comfort Road Project. A copy of the Amendment is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 20th day of March, 2012. APPROVED: 0 ELD dyer , Mayor ATTEST: By: ditatiti SONDRA E. SMITH, City Clerk/Treasurer .40005 g F E FM% _ 0 : FAYETTEVILLE : i — VS1 ir4PCA N SY:C%1 l'191'2?4; el -(5 liedig‘i191§Ott AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES CITY OF FAYETTEVILLE FAYETTEVI LLE, ARKANSAS CONTRACT AMENDMENT NO. 5— CONSTRUCTION PHASE SERVICES Mt. Comfort Road Improvements — (Construction Contract No. 1) Rupple Road to Alpine Avenue This Contract Amendment No. 5, dated tkOJNION, tO , 2012 shall amend the original contract between the CITY OF FAYETTEVLLE (Fayetteville, Arkansas) and GARVER ENGINEERS, LLC (GARVER), dated September 19, 2006 for proposed improvements to Mt. Comfort Road from Interstate 540 to Rupple Road, referred to in the following paragraphs as the original contract. Below is a summary of the previously executed contract amendments: • Contract Amendment No. 1 added professional engineering and survey services for Design and Bidding Phase Services of Construction Contract No. 1 and for Design Phase Services for Construction Contract No. 2. • Contract Amendment No. 2 added professional engineering and surveying services for the Construction Phase Services of Construction Contract No. 1. • Contract Amendment No. 3 added professional engineering and surveying services for the Bidding Services and Construction Phase Services of Construction Contract No. 2. • Contract Amendment No. 4 decreased the tasks included in the Construction Phase Services Contract. This Contract Amendment No. 5 reconciles the engineering fees in the amount of $21,679 that were incurred as a result of the additional project contract time for Construction Contract No. 1. The City of Fayetteville was able to collect Liquidated Damages from the contractor to pay for these additional fees. The original contract is hereby modified as follows: SECTION 6— PAYMENT TO GARVER 6.1 Compensation Replace "not to exceed $1,398,112" with "not to exceed $1,419,791". Contract Amendment No. 5 Mt. Comfort Road 1 of 2 0605-1200 APPENDIX A-2 — Fee Summary Fee summary is replaced in its entirety with the attached Fee Summary. IN TESTIMONY OF WHICH, this instrument has been executed on behalf of GARVER, 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 Title: Mayor ATTEST: Igiataviii R > ," SA :so! 0A - C.) y3 FAYETTEVILLE: 4% co. ;;k5‘4,`":KANSY::°e/ 1145:,/11/G TO iiiegi 664100 GARVER ENGINEERS, LLC Brock Hoskins Title: Sr. Vice President/Chief Engineer ATTEST: Contract Amendment No. 5 2 of 2 0605-1200 Mt. Comfort Road APPENDIX A-2 CITY OF FAYETTEVILLE MOUNT COMFORT ROAD IMPROVEMENTS FEE SUMMARY Original Contract Amendment No. 1 Amendment No. 2 Amendment No. 3 Amendment No. 4 Amendment No. 5 Total Traffic Studies $29,080 $0 $0 $0 $0 $0 $29,080 Schematic Study $49,500 $0 $0 $0 $0 $0 $49,500 Signalization Design $0 $37,500 $0 $0 $0 $0 $37,500 Surveys - Design $97,100 $0 $0 $0 $0 $0 $97,100 Surveys - Property $0 $42,300 $0 $0 $0 $0 $42,300 Drainage Study $0 $0 $0 $0 $0 $0 $0 Environmental Handling and Documentation $0 $0 $0 $0 $0 $0 $0 Conceptual Design $104,020 $0 $0 $0 $0 $0 $104,020 Preliminary Design $0 $260,300 $0 $0 $0 $0 $260,300 Final Design $0 $261,800 $0 $0 $0 $0 $261,800 Property Acquisition Documents $0 $100,950 $0 $0 $0 $0 $100,950 Contractor Procurement Assistance Services $0 $14,000 $0 $0 $0 $0 $14,000 Construction Phase Services - Contract No. 1 $0 $0 $217,587 $0 $0 $21,679 $239,266 Bidding Services - Contract No. 2 $0 $0 $0 $13,589 $0 $0 $13,589 Construction Phase Services - Contract No. 2 $0 $0 $0 $240,000 -$109,964 $0 $130,036 Subtotal NTE Fee $279,700 $716,850 $217,587 $253,589 -$109,964 $21,679 $1,379,441 Subcontracted Services Geotechnical Services $22,750 $0 $0 $0 $0 $0 $22,750 Record Research $0 $0 $0 $0 $0 $0 $0 ARKUPS - Utility Locates $17,600 $0 $0 $0 $0 $0 $17,600 Estimated Subcontract Fees $40,350 $0 $0 $0 $0 $0 $40,350 Total NTE Fee $320,050 $716,850 $217,587 $253,589 -$109,964 $21,679 $1,419,791 APPENDIX A-2 CITY OF FAYETTEVILLE MT. COMFORT ROAD - CONTRACT NO. 1 CONSTRUCTION PHASE SERVICES - CONTRACT NO. 1 - ADDITIONAL EXPENSES WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 0-2 D-1 T-2 1-1 C-2 C-1 8205.00 5172.00 2134.00 5115.00 0102.00 582.00 0105.00 083.00 890.00 868.00 0103.00 080.00 hr hr hr hr hr hr hr hr hr hr hr hr 1. Civil Engineering Review Contractor's Schedules (per pay period) 6 2 Progress Meetings with Contractor and Owner (monthly) 5.5 4 On Site Meetings 2.25 24 1.5 4 Coordination with Contractor/RFI Responses 26 10 3 Review and Process Monthly Pay Requests 3 16 20 6 Coordination with Owner 3 12 0.25 4 Resident Construction Observation 20 50 Subtotal - Civil Engineering 0 8.250 0 83.5 0 0 0.25 0 61.5 64 5 Hours Salary Coats SUBTOTAL • SALARIES: $0.00 .111BECIAMA006 EXPEILSES Document Printing/Reproduction/Assembly Postage/Freight/Courier Office Supplies/Equipment Communications Survey Supplies Aerial Photography GPS Equipment Computer Modeling/Software Use Travel Costs $99.00 $0.00 $0.00 $179.05 50.00 50.00 $0.00 $0.00 $270.20 8.25 $1,419.00 $21,130.75 0 83.5 0.25 MANHOUR SUBTOTALS 61.5 64 5 223 50.00 50.00 58,517.00 50.00 50.00 520.75 50.00 94,182.00 56,592.00 5400.00 521,130.75 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $548.25 TOTAL COST: $21,679.00 Chris BrownC!5 Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/20/2012 City Council Meeting Date Agenda Items Only Engineering Division Action Required: Development Services Department A resolution authorizing execution of Amendment No. 5 to the Engineering Contract with Garver, LLC to increase the fee for construction phase services on the Mount Comfort Road Project by $21,679 21,679.00 Cost of this request 4520.9520.5314.00 Account Number 06035.1600 Project Number Budgeted Item 2,664,933.00 Category / Project Budget Transportation Bond Improvements Program Category / Project Name 2,441,474.00 Professional Services Funds Used to Date Program / Project Category Name 223,459.00 2006A Sales Tax Construction Remaining Balance Fund Name Budget Adjustment Attached Allhj?* Departme ictor ttorney Date Date 3-2,-1012, Finance and Internal Services Director Date J -G -/2_ Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 154-06 9/19/2006 1051 Received in City Clerk's Office 03-01--12P03:54 RCVD tAot. Comments: Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS wvvw.accessfayetteville.org CITY COUNCIL AGENDA MEMO City Council Meeting of March 20, 2012 To: Mayor Jordan and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Director of Development Services From: Chris Brown Ce) Date: March 1, 2012 Subject: Amendment No. 5 to the Engineering Contract with Garver, LLC to increase the fee for construction phase services on the Mount Comfort Road Project by $21,679. PROPOSAL: Mount Comfort Road Improvements were a part of the Transportation Improvement Bond Program. The project included major intersection improvements at the 1540/Shiloh Drive Intersection, relocation of Shiloh Drive to the west, signalization of 4 intersections along Mount Comfort, and widening of Mount Comfort to 4 lanes from 1-540 to Rupple Road. Garver, LLC provided design and construction management services throughout the project. Under the original contract, and Contract Amendment No. 1, Garver provided traffic studies, design surveys and preliminary and final design services for Mount Comfort Road, from 1-540 to west of Rupple Road. Contract Amendment No. 2 was executed for construction phase services for the first construction contract, and Contract Amendment No. 3 was for construction phase services for the second construction contract. Amendment No. 4 reduced the construction phase services contract when City staff took over day to day inspection on the 2nd construction contract. Garver provided day to day inspection and other construction phase services for Contract 1 of Mount Comfort Road Improvements. The contractor hired to construct the improvements did not complete their work within the allotted contract time, which caused the amount of inspection fees to exceed the contract amount by $21,679. While the work on Mount Comfort has been completed for some time, negotiations with the contractor for the amount of liquidated damages due to the City have only recently been completed. The amount of damages withheld from the contractor's final payment was $26,250. THE CITY OF FAYETTEVILLE, ARKANSAS RECOMMENDATION: Staff recommends approval of Amendment No. 5 to the Engineering Contract with Garver, LLC to increase the fee for construction phase services for Mount Comfort Road by $21,679. The Street Committee reviewed this proposal at the January 31, 2012 Street Committee and also recommends approval. BUDGET IMPACT: This contract amendment will be funded from the Transportation Bond Program, and will be offset by the payment withheld from the construction contract. RESOLUTION NO. A RESOLUTION APPROVING AMENDMENT NO. 5 TO THE ENGINEERING CONTRACT WITH GARVER, LLC IN THE AMOUNT OF $21,679.00 TO INCREASE THE FEE FOR CONSTRUCTION PHASE SERVICES RELATED TO THE MOUNT COMFORT ROAD 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. 5 to the engineering contract with Garver, LLC in the amount of $21,679.00 to increase the fee for construction phase services related to the Mount Comfort Road Project. A copy of the Amendment is attached to this Resolution as Exhibit "A". PASSED and APPROVED this 20th day of March, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer