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HomeMy WebLinkAboutOrdinance 3813 ORDINANCE NO. 3 R 13_ AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR CONSTRUCTION OF THE LEWIS STREET SOCCER COMPLEX - FIELDS #1 AND #2 AND AWARDING THE CONSTRUCTION CONTRACT TO APAC-ARKANSAS, INC ./MCCLINTON-ANCHOR DIVISION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . The City Council hereby waives the requirements of competitive bidding for the contruction of the Lewis Street Soccer Complex - Fields #1 and #2 for the reason that said requirements are not feasible or practical as no bids were received when the project was advertised for bid. To readvertise would not give a contractor the opportunity to establish the required turf in 1994. Section 2. That the City Council hereby authorizes the Mayor and City Clerk to execute a contract in the amount of $59,300.00 with APAC-Arkansas, Inc./McClinton-Anchor Division for the Lewis Street Soccer Complex - Fields #1 and #2. A copy of the Contract is attached hereto as Exhibit "A" . PASSED AND APPROVED this 19th day of July 1994. APPROVED: By : Fred Hanna, Mayor ATTEST:: By : , /u 6y (2 Sherry Thomas, City Clerk STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of July 19 , 1994 FROM : Sid Norbash Engineering Public Works Name Division Department ACTION REQUIRED : Award of the Construction Contract to APAC-Arkansas , Inc . /MCClinton-Anchor Division in the amount of $ 59 , 300 . 00 , for the construction of Lewis Street Soccer Complex - Fields # 1 and # 2 . COST TO CITY : $ 62 , 265 . 00 577 , 800 Lewis St . Soccer Complex Cost of this Request Category/ Project Budget Category/ Project Name 4470 - 9470 - 5806 . 00 $ 12 , 413 . . _ Misc . Park Impvts . Account Number Funds Used To Date Program Name 94 - 019 $ 65 , 38' Sales Tax Capital Impvts . Project Number Remaining Balance Fund BUDGET REVIEW : X Budgeted Item Budget Adjustment Attached - . Budget Coordinator Administrative Services Director CONTRACT/ GRANT/LEASE REVIEW : GRANTING AGENCY : Accunti g Mfayr "F r inat Date Ci y tto ney Date Int e, al Auditor Date 7 ' x • `14 Purcha!�ing Officer Date STAFF RECOMMENDATION : Approval of the : ( 1 ) Bid Waiver ( 2 ) Award of contract for $ 59 , 300 . 00 ( 3 ) Contingency amount of $ 21965 . 00 ( 58 ) Div ' ' on ead Date Cross Reference -n New Item : Y2B No Department Director Date Prev Ord/Res # : Administrative Services Director Date orig Contract Date : Mayor Date EAITTTEVI LLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To : Fayetteville City Council Thru : Fred Hanna , Mayor Kevin Crosson , Public Wor1�s�Dir or Don Bunn , City Engineer From : Sid Norbash , Staff Engineer 4�Av Date : July 7 , 1994 Re : Lewis Street Soccer Complex Fields # 1 and #2 ( Contract ) The above referenced project is a CIP budgeted project for Parks and Recreation Department in 1994 , The project was advertised for bid and the bid opening was set for June 15 , 1994 , Six prospective bidders obtained plans and specifications . on the bid opening day no bids were received , Contractors were contacted , and all expressed the concern over their work load as being the factor for not submitting any bids . The Staff contacted those contractors that had shown some level of interest , and requested official bids . Two contractors submitted bids at this time and the bids are as follows : McClinton - Anchor lump sum $ 59 , 300 . 00 Mobley Construction Co . lump sum $ 136 , 406 . 00 The scope of this project is to grade the fields and establish turf this year , Due to the bidding climate it was not feasible to re- advertise this project , as any further delays might not give the contractor the opportunity to grow grass and establish the required turf in 1994 , Because the project was not officially bid in the newspaper the second time , the Council is hereby requested to approve : ( 1 ) The related bid waver ordinance ( 2 ) Award of the contract to the low bidder McClinton - Anchor in the amount of $ 59 , 300 , 00 . ( 3 ) Contingency amount of $ 2 , 965 , 00 five per cent ( 5 $ ) for this contract . SN/ sn Attachment : 1 Pro posed So cce r IFt' e loAs 00 TRILT �Z J R XY DR Z I s - -- - - A WELL OR J ' UN ERSIT > > i 0� a ANS / MAW TY Z Z WMENDJUX ST IRE T > <o © < M F a CARTER ST. ig - o + 3T MEETg _ Co 3CE 06RT � Y JaMEa ST. � i a 3T. a W W v r or or s D DR . - ow . mw e%* dd A DRIVE00 \Q i > ( pvt ) �� ; 4 I - -T [WWEpt, terry 1 , t � City Engineer 's Office City Of Fayetteville , Arkansas Detailed Specifications Lewis Street Soccer Complex Fields # 1 and # 2 May 1994 City Administration Building 113 W . Mountain Street 72701 ,i V INDEX ADVERTISEMENT FOR BIDS BID BOND PROPOSAL ARKANSAS PERFORMANCE AND PAYMENT BOND CONTRACT AGREEMENT INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS OF THE SPECIFICATIONS DETAILED SPECIFICATIONS PART I CONTRACT STIPULATIONS DETAILED SPECIFICATIONS PART II CONSTRUCTION SPECIFICATIONS DETAILED SPECIFICATIONS PART III MATERIALS 4b City of Fayetteville Advertisement for Bid # 94 - 37 Notice is hereby given that the City of Fayetteville , hereinafter called the owner , will receive sealed bids at the Purchasing Office , City Administration Building room 306 , 113 W . Mountain St . , Fayetteville , Arkansas 72701 , until 2 : 00 p . m . , local time , on the 5th day of July . 1994 , for the furnishing of all tools , equipment , labor , and materials , and performing the necessary work to be done to complete the construction of Lewis Street Soccer Complex - Fields # 1 and #2 . - Grading & Top soil . The scope of this project is construction of two regulation size soccer fields ( 210 ' x330 ' ) , which includes , the necessary grading work , placing the top soil , the mixing of the sand , and establishing the drainage ditches per specifications . The location of the work is set out in the plans and specifications on file at the office of the city Engineer , Fayetteville , Arkansas . Said plans can be inspected or obtained without any fees , but must be returned by unsuccessful bidders . Each bid must be accompanied by a surety bond in the amount equal to five percent ( 5 % ) of the whole bid , said bond to be issued by a surety company licensed to do business in the State of Arkansas , said bond to be retained as liquidated damages in case successful bidder fails , neglects or refuses to enter into the contract for the construction of said works , and furnish the necessary bonds within ten ( 10 ) days from and after the date the award is made . The owner reserves the right to reject any or all bids , and to waive any informalities deemed to be in its best interest . The attention of all bidders is called to the fact that if this contract exceeds $ 20 , 000 they must be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature , as amended . Peggy Bates - Purchasing Manager BID BOND KNOW ALL MEN BY THESE PRESENTS , that we , the undersigned , as Principal , and as Surety , are hereby held and firmly bound unto as owner in the penal sum of for the payment of which , well and truly to be made , we hereby jointly and severally bind ourselves , our heirs , executors , administrators , successors and assigns . Signed this day of 19 The condition of the above obligation is such that whereas the Principal has submitted to a certain bid , attached hereto and hereby made a part hereof to enter into a contract in writing , for the NOW THEREFOR , ( a) If said Bid shall be rejected , or in the alternate . (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto ( properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract , and for the payment of all persons performing labor or furnishing materials in connection therewith , and shall in all other respects perform the agreement created by the acceptance of said Bid . then this obligation shall be void , otherwise the same shall remain in force and effect ; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall , in no event , exceed the penal amount of the obligation as herein stated . The Surety , for value received , hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid ; and said Surety does hereby waive notice of any such extension . 2 IN WITNESS WHEREOF , the Principal and the Surety have hereunto set their hands and seals , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers , the day and year first set forth above . Principal Surety SEAL BY : 3 PROPOSAL Place /G Date APAC-Arkansas, Inc. McClinton-Anchor Div. Larpolaetion* osal of organized and existing under the laws of the State of tivQlR_ and qualified to do business in the State of Arkansas ; a Partnership * consisting of an Individual * trading as TO THE CITY OF FAYETTEVILLE , ARKANSAS : The bidder in compliance with your invitation for bids for the construction Of Lewis Str et Soccercomplex /Field No . 1 and No . 2 having examined the Plans and Specifications with related documents and the site of the proposed work , and being familiar with all the conditions surrounding the work , including the availability of materials and labor , hereby proposes to furnish all labor , material , and supplies required to be furnished , and to construct the project in accordance with the Contract Documents , and at the prices stated below . These prices are to cover all expenses incurred in performing the work required under the Contract Documents , Of which this proposal is a part . Bidder hereby agrees to commence work under this contract on a date to be specified in a written "Work Order_ A the Engineer , and to fully complete the project within b 30 consecutive calendar days . Bidder acknowledges ,receipt of the following addenda : * Fill out applicable blank 4 BID SCHEDULE for LEWIS STREET SOCCER COMPLEX FIELDS # 1 & # 2 Item Description Unit Price * * 1 Field # 1 complete ( ) p grading , Lump Sum . $ / �� ,� compaction , top soil , f- y��vf"' ' mixing of sand . additional -- �L. layer of top soil , and all Dollars ( words )Gt pQ 6111 other necessary work �'st including drainage ditches . ( 2 ) Field #2 complete grading , Lump Sum $ compaction , top soil , mixing of sand , addition G ,L`_ c= sG -- - -- d layer of top soil , and all Dollars ( words ) ✓ other necessary work , including drainage ditches . TOTAL $ g 3 Ba Dollars (words ) ** Unit Prices to be shown in words and figures . In case of discrepancy amount shown in words will govern . The unit prices shall include all labor , materials , bailing , shoring , overhead , profit , insurance , etc . , to cover the finished work of the several kinds called for . Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding . The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty ( 60 ) calendar days after the scheduled closing time for receiving bids . Upon receipt of written notice of the acceptance of this bid , bidder will execute the formal contract attached within ten ( 10 ) days and deliver the Surety Bond or Bonds as required by Paragraph 8 of the General Conditions . The bid security attached in the sum of 1 % is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth , as liquidated damages for the delay and additional expense to the Owner caused thereby . Respectfully Submitted : BY eomtoo 1A 46 . McClinton-Anchor Div. SEAL - if bid is by a corporation P.O. BOX 1367 FAYETTEVILLI AR 72702