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HomeMy WebLinkAbout181-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 181-16 File Number: 2016-0442 GARVER, LLC AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH GARVER, LLC IN THE AMOUNT OF $32,200.00 TO ADD CONSTRUCTION PHASE SERVICES RELATED TO THE INSTALLATION OF A TUNNEL AND BRIDGES ON A PORTION OF THE CATO SPRINGS TRAIL WITHIN THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT RIGHT OF WAY. 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. 1 to the contract with Garver, LLC in the amount of $32,200.00 to add construction phase services related to the installation of a tunnel and bridges on a portion of the Cato Springs Trail within the Arkansas Highway and Transportation Department right of way. PASSED and APPROVED on 10/4/2016 K / �•~�t(' b 5 I �, �•+ • r�• Jim, ; f-AYETrEVILI.E - Attest: r'ily�y+' !tA iOt�i�`1� Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 1015116 City of Fayetteville, Arkansas 113 West Mountain Street .,, Fayetteville, AR 72701 y (479) 575-8323 Text File File Number: 2016-0442 Agenda Date: 10/4/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 9 GARVER, LLC AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH GARVER, LLC IN THE AMOUNT OF $32,200.00 TO ADD CONSTRUCTION PHASE SERVICES RELATED TO THE INSTALLATION OF A TUNNEL AND BRIDGES ON A PORTION OF THE CATO SPRINGS TRAIL WITHIN THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT RIGHT OF WAY 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. 1 to the contract with Garver, LLC in the amount of $32,200.00 to add construction phase services related to the installation of a tunnel and bridges on a portion of the Cato Springs Trail within the Arkansas Highway and Transportation Department right of way. City of Fayetteville, Arkansas Page 1 Printed on 10/512018 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2016-0442 Legistar File ID October 4th, 2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/16/2016 Engineering / Development Services Department Submitted Date Division / Department Action Recommendation: Approval of contract amendment no. 1 to contract #2330 with Garver, LLC in the not -to -exceed amount of $32,200 for construction phase services for the Cato Springs Trail. Budget Impact: 4470.900.9470-5814.05 Account Number 02016.1405 Project Number Budgeted Item? Yes Current Budget Funds Obligated Does item have a cost? Yes Budget Adjustment Attached? NA Previous Ordinance or Resolution # 142-14 Original Contract Number: Comments Current Balance Item Cost Budget Adjustment Remaining Budget Sales Tax Cap Imp Fund Cato Springs Trail Project Title $ 428,745.00 $ 298,294.13 $ 32,200.00 Approval Date: V20140710 CITY OF Tay4s ARKANSAS MEETING OF OCTOBER 4, 2015 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: September 161h, 2016 SUBJECT: 2016-0442 Garver Contract Amendment No. 1 — Cato Springs Trail RECOMMENDATION: Approval of contract amendment no. 1 to contract #2330 with Garver, LLC in the not -to -exceed amount of $32,200 for construction phase services for the Cato Springs Trail. BACKGROUND: In June of 2014, the City was awarded a matching grant from the Walton Family Foundation for the design and engineering of the Cato Springs Trail. In August of 2014, the City Council approved resolution 142-14 for contract #2330 with Garver, LLC in the amount of $328,200.00 for design of the Cato Springs Trail. The Cato Springs Trail will extend approximately 2.9 miles south from the Town Branch Trail starting Greathouse Park and continuing southwest along the Cato Springs Branch to the Kessler Mountain Regional Park. The trail has been designed as a 12 -foot wide concrete shared -use paved trail with pedestrian lighting. This trail will also include a bridge across the Cato Springs Branch, a bridge over the Fulbright Expressway and a tunnel under Razorback Road. DISCUSSION: The design is now complete and the project has been divided into two sections for efficiency of construction. The City in-house trail construction crew has started construction on approximately 2.3 miles of the Cato Springs Trail. Bids opened on September 1St, 2016 on the remaining 0.6 -mile section of trail to be constructed by a private contractor. The contracted section includes the bridges and tunnel installation within the Arkansas State Highway and Transportation Department right of way. Due to the complexity of the construction of the bridges and tunnel within the Arkansas State Highway and Transportation Department right of way, staff has requested a contract with Garver, LLC for limited construction phase services. These services include review of material submittals for structural items and on-site inspections of construction methods as described in the attached contract amendment no. 1. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Construction phase services are necessary for the construction with in the Arkansas Highway and Transportation Department right of way. Garver, LLC has provided contract amendment no. 1 in the not -to -exceed amount of $32,200 for the construction phase services. Attachments: Garver, LLC Contract Amendment No. 1 — Signed •+G ARVER AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES City of Fayetteville Fayetteville, Arkansas Project No. 14047100 CONTRACT AMENDMENT NO. This Contract Amendment No. 1 effective on the date last written below, shall amend the original contract between the City of Fayetteville (Owner) and GARVER, LLC (ENGINEER), dated August 5, 2014 referred to in the following paragraphs as the original contract. This Contract Amendment No. 1 adds construction phase services for the: The extension of Cato Springs Trail approximately 2.3 miles from the Town Branch Trail to the Fayetteville Regional Park. The original contract is hereby modified as follows SECTION 5 - PAYMENTS TO ENGINEER Section 5.1 of the original contract is hereby amended as follows: 5.1 The maximum not -to -exceed amount authorized for this agreement is increased $32,200 from $328,200 to $360,400. APPENDIX A - SCOPE OF SERVICES The following Construction Phase Services are hereby added to the scope of services: 2.14 Construction Phase Services - Partial 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. Attend progress/coordination meetings with the Owner/Contractor. 3. Evaluate and respond to construction material submittals and shop drawings for the structural items included in the state right-of-way and the railroad underpass structure. 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 Contract Amendment No. 1 1 of 3 Cato Springs Trail Garver Project No. 14047100 9vii'm 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. 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 of the Contractor's progress payment requests is EXCLUDED from the scope of services. 6. Provide part-time resident construction observation services on an AS -NEEDED BASIS. The proposed fee is based on 60 HOURS of onsite observation. If the observation 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 Garver an additional fee agreed to by the Owner and Garver. 7. Participate in final project inspection and prepare punch list. Construction observation services will be provided by Garver's Resident Project Representative, who will provide or accomplish the following: • Consult with and advise the Owner. • Maintain a project diary which will contain information pertinent to each site visit. In performing partial construction observation services, Garver will endeavor to protect the Owner 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 Owner immediately, so that appropriate action under the Owner's contract with the Contractor can be taken. APPENDIX B — FEE SPREADSHEETS The attached summary sheet and fee spreadsheet for Construction Phase Services is hereby added to Appendix B. Contract Amendment No. 1 2 of 3 Cato Springs Trail Garver Project No. 14047100 T s ne+7t'lnsl'y'be'executed in two (2) or more counterparts each of which shall be deemed an on, z' but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, City of Fayetteville and GARVER have executed this Amendment effective as of the date last written below. C11 By: Name: JreL S rdan Printed Name Title: 0 LQ GARVER, LLC By: iZ Signature Name: Ronald S. Petrie Printed Name Title: Sr. Project Manager Date. /-7-2o/ Date: !1 10lb Attest: Attest: Lam l,�t/V. (4 C1vk 24e444L Contract Amendment No. 1 3 of 3 Cato Springs Trail Garver Project No, 14047100 APPENDIX B CITY OF FAYETTEVILLE CATO SPRINGS TRAIL FEE SUMMARY - AMENDMENT NO. Original Amendment Title I Services Agreement No. 1 Totals Geotechnical Services (GBHW) $28,800.00 $0.00 $28,800.00 Record Research(Elite Title - 16 Parcels) $2,800.00 $0.00 $2,800.00 Utility Marking (ARKUPS) $600.00 $0.00 $600.00 Environmental Handling/Documentation $17,800.00 $0.00 $17,800.00 Surveys $80,300.00 $0.00 $80,300.00 Drainage Study $5,300.00 $0.00 $5,300.00 Conceptual Design $33,700.00 $0.00 $33,700.00 Preliminary Design $34,200.00 $0.00 $34,200.00 Preliminary Electric Submittal $17,700.00 $0.00 $17,700.00 Final Electrical Submittal $13,500.00 $0.00 $13,500.00 Final Design $88,500.00 $0.00 $88,500.00 Property Acquisition Documents $0.00 $0.00 $0.00 Bidding Services $5,000.00 $0.00 $5,000.00 Subtotal for Title I Services $328,200.00 $0.00 $328,200.00 Title II Services Construction Materials Testing $0.00 $0.00 $0.00 Construction Phase Services $0.00 $32,200.00 $32,200.00 Subtotal for Title II Services $0.00 $32,200.00 $32,200.00 L:\2014\14047100 - Cato Springs Trail\Contracts\Client\Amendment No 1\APPENDIX B - Garver Fee Spreadsheet - Amendment 1 APPENDIX B CITY OF FAYETTEVILLE CATO SPRINGS TRAIL CONSTRUCTION PHASE SERVICES WORK TASK DESCRIPTION E-6 E-4 E-3 E-2 E-1 C-3 C-2 C-1 $237.00 $155.00 $133.00 $110.00 $96.00 $131.00 $107.00 $84.00 hr hr hr hr hr hr hr hr 1. Civil Engineering Preconstruction Meeting 3 Shop Drawings/Material Submittals 6 Progress Meetings with Contractor/City (8 monthly mtgs.) 16 Monthly Pay Requests - NOT INCLUDED On -Site Meetings 30 Resident Construction Observation (AS NEEDED) 60 Record Drawings - NOT INCLUDED Final Project Inspection and Punchlist 4 4 Subtotal - Civil Engineering 0 0 0 59 0 64 0 0 2. Structural Engineering Response to Inquiries 2 8 Shop Drawings/Material Submittals * 20 80 Subtotal - Structural Engineering 22 0 88 0 0 0 0 0 3. Electrical Engineering Response to Inquiries Shop Drawings/Material Submittals Subtotal - Electrical Engineering 0 0 0 0 0 0 0 0 MANHOUR SUBTOTALS 123 110 0 Hours 22 0 88 59 0 64 0 0 233 Salary Costs $5,214.00 $0.00 $11,704.00 $6,490.00 $0.00 $8.384.00 $0.00 $0.00 $31,792.00 SUBTOTAL - SALARIES: $31,792.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $100 00 Postage/Freight/Courier $0 00 Travel Costs $308 00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $408.00 TOTAL FEE: $32,200.00 * Note: 16 hours for bridge, 16 hours for retaining walls, 16 hours for tunnel, 16 hours for drilled shafts and testing, 16 hours for the RR protective shelter for E3 4 hours for bridge, 4 hours for retaining walls, 4 hours for tunnel, 4 hours for drilled shafts and testing, 4 for RR protective shelter for E6