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HomeMy WebLinkAboutOrdinance 3454 FILE© FOR RECORD • 'E9 NOU 29 P17 4 2 "JRDINANCE NO . 3454 1 WASHING ION CO AR A• KOLLMEYER AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING AND AUTHORIZING A BUDGET MICROFILMED ADJUSTMENT FOR SITEWORK , DEMOLITION AND CONSTRUCTION ON THE ARTS CENTER PROJECT SITE . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Board of Directors hereby waives the requirements of competitive bidding for one year for the sitework , demolition and construction of a reinforced concrete drainage structure on. ,the Arts' " Center project site for the reason that said requirements are not feasible or practical in order to commence and complete , UDe • required amounts of construction value by November 1 ; 1989 : Section •2._ ' That the Board of Directors authorizes and Y directs a , budget adjustment in the amount of $ 135 , 000 . 00 to be transferred from^° the„14nd,• Acquisition Account , Acct . No . 416 - 916 - v 5 - 805 . 00 , to the, 1B'u l'ding,� ,, ;Cost Account , Acct . No 416 - 916 - 5 - 804 . 00 in the Arts .Gent'er '`Const,ruction Fund . ,n. *It ,- T. . Section 3 . The ' Bbarii of Directors hereby determines that the City of Faye ttevi416 '' *i;'sin immediate need of such sitework , demolition Ana. ' const=ru'c`t' ori on the Arts Center site and hereby determines . .that' ... the immediate passage of this ordinance is LL necessary in order toy= contract for such . Therefore an emergency is hereby "de"c"Tar' ed to exist and this ordinance being necessary for the public welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this 5th day of September 1989 , APPROVED : j By : / Mayor t ! , uf, rk ' y � jU o`` I• Alma gollmeyk Cirsulr �'lerk and Ark scio ri der for Washinw n Caurtgr, saament Was hereby eenify that thh fo- Cc umenttW s flied far record in my office duly hereon and the same Is now recordod widt the admowiedgemem and ternflcate thereon In Record Book and page as indkmed W thereon. 4N TNESs W {E� 1 have hereunto let MY hand and OffiXed OW caws on the dare Indiomed mare of said Nate on KoRtryyes »�;�;�^ Drat clerk1:i n etb tr ii: +�WAq ItsKgdy t. � Q�a._ ;29 ECS3 CSF`a SS rH a EX. Sty+e Fs: 't.t' �r. City clerthele City of C', : Lro: ter that tor EIlere7Y certtfccora iH Wyl �. rf g l�r�(F.t¢C�i crt far"e;a- of aPP ears XSv iat the ��ana e o �tio book rice ora IZ m9 ban c " ' •;Hance < � 1 ; r VIG� y ��• ynofs t-15-4i5'—•�! � ' nea.er Ct 9 C12r �%b STATE of ARKANSAS as. County of Washington hereby certify that I --"'ORDINANCE NO. 3454 am the publisher of TIYE NORTHWEST ARKAr9jSAS TIMES, a daily newspaper AN ORDINANCE WAIVING having a second class mailing pages;THE REQUIREMENTS OF g g privilege, and being not less than four a es of COMPETITIVE ' BIDDING five columns each, published at a fixed place of business and at a fixed (dally) 'AND AUTHORIZING A intervals continuously In the City of Fayetteville. County of Washington, Arkansas 'BUDGET ADJUSTMENT FOR SITEWORK, DEMO- for more than a period Of twelve months, circulated and distributed from an 11LITION AND CDNSTRUC- established place of business to subscribers and readers generally of all classes TION ON THE ARTS CENTER PROJECT SITE. In the City and County for a definite price for each Copy, Ora fixed price per BE IT ORDAINED BY annum, which price was fixed at what is considered the value of the publication. IRE ?HE BOARD OF OC• (THE OF THE OI RE FbaseduIb n the news value and service value It contains. that at least fifty percent ' „F A Y E T T E vs i_� Ce .,,- of the subscribers thereto have paid cash for their subscriptions to the newspaper ARKANSAS: .'• Or Its g or agents through recognized news dealers over a period of at least six Vy Section 1. That the Board g g I s Directors hereby. wolves. months; and that the said newspaper publishes an average of more than forty ithe . requirements',O com-, percent news matter. r,petltive bidding for one year. Tor the sltework: demolition end construction of a rein- I further certify that the legal notice hereto attached in the matter of forced :concete drainage _ . ,'structure on The'Arts Center. ` prolan site for the is 'are V /D �� Snotthaeasibl a or practical i al in ��A•� A .rat feasible or practical a, ,order To commenceand / ,Complete .lhe .c required. was P g p published in the re ulardaily issue of said news a amounts of „con}trucnon per for 1`velue by N oveRlber 1, 1989. ' COnSeCUIIVe inserll0nS as fO110WS: Section 2. That the Board { of Directors authorizes ane The first insertion on the _ dIrocfs a budget adjustment G ltd day Oi 19 : in'the amount of $175,000.00 Ito transferred Transferred from the the second Insertion on the Land Acquisition Account, day Of 19 l ACCt. No. 116-916.1.805.00 To the' Building Cost Account' the third Insertion on the Acct. No. 116.916-5-BOLOO.in, day Of 19 the Arts Center,const ructlon . Fund: ' -'. "` -• '• and the fourth insertion on the /da f i Section 7. The Board of i.� '. Directors hereby deter- mines that the of Faget- - ! Tevllle is In immediate need of such structs n demolition wand Cente site On d the Arts Sworn 10 and Subscribed bef0[e me O this daV Of :Center Atte entl hereby _ determines that the Imme. . diate passage of This oral- lq __ ;nance is necessary in order `.to contract for such : '.Therefore an emergency is �ryti 'hereby declared to exist and. Not ams ordinance being nater ary obll�"N sary for the public welfare , '� • .shall be In full force and ef- My Commission Expires: 1 ,fact from and after it .passage and approval. ) I . PASSED AND APPRO_V. y,...._� ;ED' thir-Sfh`-day 01, . . . .• iseptember, 1989."" .. a.4APPROVED: Y' By: William V. Martin ' ATTEST: - . - Frrs for Printin -- By: Suzanne MCWethY:.} g — 5 ,�Ityclerk Cost of Proof —. S Total S a • h CONTRACT State of Arkansas ) County of Washington ) THIS AGREEMENT , made and entered into this S day of Oe, *U , 19 LIQ by and between the City of Fayetteville , County ov washington , State o AArkansas , Party of the First Part , hereinafter called the Owner , and Jerry D . Sweetser , Inc . of the City of Fayetteville , Arkansas , Party of the Second Part , hereinafter called the Contractor . WITNESSETH THAT : WHEREAS , the Owner has called for informal bids for demolition of certain building structures , waste concrete removal , clearing , surfacing , and construction of a reinforced concrete box culvert , as set out in a letter dated August 29 , 1989 from Jerry D . Sweetser , Inc . to McGoodwin , Williams and Yates , Inc . ; and WHEREAS , pursuant to the informal solicitation for bids under the August 28 , 1989 letter from McGoodwin , Williams and Yates , Inc . , the Contractor is the lowest and best bidder for the construction of said site demolition , surfacing , clearing and construction of a reinforced box culvert . NOW THEREFORE , the Contractor agrees with the Owner to commence and complete : Demolition , site clearing , surfacing and construction of a reinforced concrete box culvert in accordance with a letter proposal from Jerry D . Sweetser , Inc . dated August 29 , 1989 , and revised October 4 , 1989 , including all work for a complete installation , for the unit and lump sum prices , all of which become and are a part of this contract , the total sum being One Hundred Fifty- Seven Thousand Nine Hundred Forty-Two and no/ 100 - - - - - - - - - - - dollars ( $ 157 , 942 . 00 ) , such sum being the agreed amount upon which bonds and liabilities are based , and at his own cost and expense furnish all materials , supplies , labor , machinery , equipment , tools , supervision , bonds , insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof , and in accordance with the Contractor ' s proposal , which include all maps , plats , blueprints , and other drawings , and written or printed explanatory matter thereof . The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and complete all work necessary to execute the site clearing , demolition , surfacing and reinforced concrete box culvert construction within sixty ( 60 ) calendar days from the effective date 1 of the Notice to Proceed . Calendar days include usual or normal bad weather . Any delays due to " usual or normal " bad weather will not be justification for time extensions . The Contractor further agrees to commence and complete $ 105 , 000 in construction value by November 14 , 1989 , The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor . As soon as is practicable after the first of each calendar month , the Owner will make partial payments to the Contractor for work performed during the preceding calendar month , based upon the Engineer ' s estimate of work completed , said estimate being certified by the Contractor and accepted by the Owner . Except as otherwise provided by law , ten percent ( 10% ) of each approved estimate shall be retained by the Owner until 50 percent ( 50% ) completion of the project . This amount will then be held until final completion and acceptance by the Owner and Engineer . The Engineer shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon , if any . Time is hereby expressly declared to be of the essence of this contract , and the time of beginning , manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof . , If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner ' s employees , or by any other Contractor employed by the Owner , or by changes ordered in the work , or by strikes , lockouts , fire , unusual delay in transportation , unavoidable casualties or any causes beyond the Contractor ' s control , or by delay authorized by the Engineer pending arbitration , or by any cause which the Engineer shall decide to justify the delay , then the time of completion shall be extended for such reasonable time as the Engineer may decide . No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer . In the case of a continuing cause for delay , only one claim is necessary . In the event the Contractor abandons the work hereunder or fails , neglects or refuses to continue the work after ten ( 10 ) days written notice , given Contractor by the Owner or by the Engineer , then the Owner shall have the option of 1 ) declaring this contract at an end , in which event the Owner shall not be liable to the Contractor for any work theretofore performed hereunder , or 2 ) requiring the surety hereto , upon ten ( 10 ) days notice , to complete and carry out the contract of Contractor ; and in that event , should the surety fail , neglect or refuse to carry out said contract , 3 ) said Owner may complete the contract at its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of - same , together with any damages or other expense sustained or incurred by , Owner in completing this contract , less the total amount provided for hereunder to be paid Contractor upon the completion of this contract . This contract shall be binding upon the heirs , representatives , successors or assigns of the parties hereto , including the surety . 2 IN WITNESS WHEREOF , the Owner and Contractor have hereto set their hands and seals , respectively . JE Y SWEETS I By Jerry Sweetser , President Witnesses* * If corporation , secretary should attest . CITY OF FAYETTEVILLE , ARKANSAS Attest : By William Martin , Mayo Suzanne McWethy , City Clerka44,4)44 (14 3 M3J D S JERRY D. SWEETSER, INC. GE,'VERAI, CONTRACTORS - LICENSED - INSURED 590 WEST POPLAR FAYETTEVILLE. AR 72709 TELEPHONE 15011 4433026 October 4 , 1989 Re : Walton Arts Center Drainage and Parking Improvements Fayetteville , Arkansas Project No . Fy- 187 Mr . Charles R . Nickle , P . E . McGoodwin , Williams and Yates , Inc . 909 Rolling Hills Drive Fayetteville , Arkansas 72703 Dear Mr . Nickle : In accordance with our previous meeting and site inspection regarding the proposed improvements to the property bounded by Dickson , West and Spring Streets included in the above referenced project , we request that you accept our firm' s proposal for construction improvements as follows : 1 ) Sitework . Clearing and grubbing , including removal and disposal if-site -of all brush and trees , as well as site grading and general cleanup on property shown by Exhibit A ( attached ) except Parcel " A" - Pearson / Carney , and Parcel " B " - Pearson / Carney . No fires will be allowed on-site for disposal of debris . Also included in this item is excavation necessary to remove any foundations as well as the backfill to a point 1 foot over the top of the proposed drainage structure . This backfill will be compacted and will utilize existing on -site material , including the material demolished under Item 2 , except steel . Payment shall be made in accordance with the lump sum price bid for this item . Lump Sum : $9 , 500 . 00 2 ) Demolition . This work includes the demolition of all existing structures , foundations , walls , buildings , fences , etc , on the property shown by Exhibit A ( attached ) except Parcel " A" - Pearson / Carney , and Parcel " B " - Pearson / Carney . The foundation and wall structures immediately adjacent to Dickson and Spring Streets shall remain in place to provide support for these streets . No explosives will be allowed in the execution of this work . Protection shall be provided for adjacent streets and Mr . Charles R . Nickle October 4 , 1989 Page 2 sidewalks . Temporary bracing , shoring and barricades should be provided for proper and safe execution of the work . All demolished material , i . e . , brick , concrete , rock , etc . shall be broken up into pieces not larger than 2 foot x 2 foot and shall be incorporated into the backfill of the new drainage structures and site as set out above in Item 1 . All steel shall be salvaged , removed and disposed of off-site by the contractor . Payment shall be made in accordance with the lump sum price bid for this item . Lump Sum : $ 5 , 000 . 00 2a ) Waste Concrete Removal . This work includes the removal of waste concrete from the drainage ditch along and either side of the west lines of the McBride and Gregory tracts as shown by Exhibit A attached . Protection shall be provided for adjacent streets and sidewalks . Temporary bracing , shoring and barricades should be provided for proper and safe execution of the work . All demolished material , i . e . , brick , concrete , rock , etc . shall be broken up into pieces not larger than 2 foot x 2 foot and shall be incorporated into the backfill of the new drainage structures and site as set out above in Item 1 . All steel shall be salvaged , removed and disposed of off-site by the contractor . Payment shall be made in accordance with the lump sum price bid for this item . Lump Sum : $5 , 000 . 00 3 ) Reinforced Concrete . All reinforced concrete required for the construction of all drainage structures with reinforcing steel as directed by the engineer shall be made according to the unit price bid per cubic yard . Measurement shall be made in accordance with the approved plan dimensions or in accordance with measured dimensions of work installed as directed by the engineer . The bid for this item shall be based on an estimated quantity of 364 cubic yards . Bid Price : $ 147 . 50 per cubic yard = $53 , 690 . 00 4 ) Reinforcing Steel . Reinforcing steel shall be in accordance with the unit price bid per pound . Measurement shall be in accordance with the reinforcing steel shown on the plans or installed as directed by the engineer . The bid for this item shall be based on an estimated quantity of 43 , 520 pounds . Bid Price : $0 . 35 per pound = $ 15 , 232 . 00 5 ) Furnishing and Compacting of Suitable Off-Site Material . Payment under this item wi a ma a on y in the event t e contractor is Mr . Charles R . Nickle October 4 , 1989 Page 3 required to furnish and compact suitable off-site material to complete the necessary backfill of the drainage structures and provide the proper site grading , if existing suitable material is not available on-site . When material under this item is authorized by the engineer , payment will be made at the unit price bid per cubic yard as determined by struck bed measure of trucks delivering material to the job site . The bid for this item shall be based on an estimated quantity of 1 , 500 cubic yards . Bid Price : $8 . 00 per cubic yard = $12 , 000 . 00 6 ) Off-Site Removal of Excess Demolished Material . In the event that all of the demolished material cannot be utilized in the backfill of the drainage structures , or otherwise incorporated on -site , this material shall be removed and disposed of off-site by the contractor . Payment for off-site removal of excess demolished material as authorized by the engineer will be made in accordance with the price bid per cubic yard , as determined by struck bed measure of trucks removing the material from the job site . The bid for this item shall be based on an estimated quantity of 100 cubic yards . Bid Price : $8 . 00 per cubic yard = $800 . 00 7 ) Selective Clearing . This work includes the removal of trees , brush and vegetation on Tracts " A" and " B " of property as shown on Exhibit A ( attached ) as selected and directed by the City of Fayetteville . Payment for the work under this item will be made based on the contractor' s labor cost plus 20 percent for overhead and profit and for equipment rental at a commercial rental rate available in Fayetteville , Arkansas . The bid for this item shall be based on an estimated cost of $3 , 500 . 00 . Bid Price : $3 , 500 . 00 8 ) Ramps and Driveways . This work includes grading , leveling course , 6 inches of concrete , expansion joints , etc . This item shall include every item of construction necessary for a complete and acceptable installation as herein specified . Payment for this item shall be made for work directed by the engineer and for completed quantities measured in the field . The bid for this item shall be based on an estimated quantity of 600 square yards . Bid Price : $ 18 . 00 per square yard = $10 , 800 . 00 9 ) Sidewalks . This work includes grading , leveling course , 4 inches o concrete , expansion joints , etc . This item shall include every Mr . Charles R . Nickle October 4 , 1989 Page 4 item of construction necessary for a complete and acceptable installation as herein specified . Payment for this item shall be made for work directed by the engineer and for completed quantities measured in the field . The bid for this item shall be based on an estimated quantity of 220 square yards . Bid Price : $ 13 . 50 per square yard = $2 , 970 . 00 10 ) Concrete Curb and Gutter . This work includes grading , leveling course , 6 inch highcurF and gutter , 24 inch wide and 6 inch thick concrete , expansion joints , etc . This item shall include every item of construction necessary for a complete and acceptable installation as herein specified . Payment for this item shall be made for work directed by the engineer and for completed quantities measured in the field . The bid for this item shall be based on an estimated quantity of 700 linear feet . Bid Price : $5 . 50 per linear foot = $3 , 850 . 00 11 ) Concrete Paving . This work includes grading , 2 inch leveling course , 6 Inc es of six-bag , 4 , 000 psi @ 28 day concrete , expansion joints , etc . This item shall include every item of construction necessary for a complete and acceptable installation as herein specified . Payment for this item shall be made for work directed by the engineer and for completed quantities measured in the field . The bid for this item shall be based on an estimated quantity of 2 , 400 square yards . Bid Price : $14 . 00 per square yard = $33 , 600 . 00 12 ) Traffic- Bearing Grated Inlet . This item includes furnishing and installing 3 foot 0 inch x 3 foot 0 inch grates capable of supporting highway traffic to provide grated inlets in top of reinforced concrete box culvert to be constructed on -site , as directed by the engineer . The bid for this item shall be based on an estimate of two ( 2 ) inlets . Bid Price : $ 1 , 000 . 00 each = $ 2 , 000 . 00 Sweetser Construction Company agrees with the owner to commence and complete at least $ 105 , 000 in construction value by November 14 , 1989 , and have all work contemplated under this project completed by December 4 , 1989 . In addition , Sweetser Construction shall provide all of the above prices to include all equipment , labor , materials , mobilization , overhead , profit , insurance , bonds , taxes , etc , to cover the finished work as called for . Mr . Charles R . Plickle October 4 , 1989 Page 5 Sweetser Construction shall furnish workman ' s compensation insurance as required by the state . Sweetser Construction Company shall provide liability insurance , including comprehensive general , automobile liability and contractual liability in a minimum coverage of not less than $ 1 , 000 , 000 . In addition , Sweetser Construction Company shall provide owner' s /engineer' s contingent protective liability insurance in an amount not less than $2 , 000 , 000 for property damage and bodily injury limits . Sweetser Construction Company shall also provide performance and payment bonds as required by state law . If this proposal is accepted by the city , it is anticipated that we will be authorized and directed to proceed on this work on Thursday , October 5 , 1989 . We expect that surveying , design and location of the main drainage structure will take approximately two weeks after the clearing and partial demolition has been completed . At that time , we will be provided construction details and plans for the major portion of the drainage improvements , i cerely , / 4 K/Iery D . Sweetser President JDS : sc DICKSON ST . 133.86' N 89'50'30' E 25' 107.89' 85.00' 34.00' W OLD R.R. R/W w NEW R.R. R/W 0 -j- PARCEL 'A ' 0 PEARSON/CARNEY 90 O O 0.21 Acres p z 760-107 N - DSGBID � 100.00' W0.83 Acres v \ SCALE 1'=60' 1329-7B5 �:�. ALLEY O p J n Q O µ� p 107.80' a r ^ m 'V11�� N �C 0 o 3 PARCEL 'B" p e) PEARSON/CARNEY Li._ V ua7i i 0.45 Acres O r� N b 798-235 LL ! 18.00' i 22.00' 58q'50'30'W NO'09'30'W 48.25' 78 00' 52.00' 26.00 S gq 50'30' W 11.75' 125.00' DSCBID N0637'45'W 0.05 Ac. ;o uii ~ a hOryh V / V\ � h I w MGBRIDE Ov 1.25 Acres > 2s 1196-827 2S. J t+ v h \ \ 7 0 4) 0 0 129.58' �. N N 59650'30' E 2p GREGORY o p 0.27 Acres p ti1186-797 m O P 20.731< 11.72' 167.13' 146.43' , I N 89'50'30' E SPRING STo i M3 LOCO IOC QGQHAL 7nvo