HomeMy WebLinkAbout128-81 RESOLUTION•
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RESOLUTION NO. Q942/
2/
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CHANGE ORDER IN THE CITY'S CONTRACT WITH COMBS
CONSTRUCTION CO. FOR THE RELOCATION OF A TWELVE (12)
INCH SEWER LINE ALONG U.S. HIGHWAY 71 BY-PASS BETWEEN
ARKANSAS HIGHWAY 112 AND JOHNSON ROAD TO PROVIDE FOR
INSTALLATION OF DUCTILE IRON PIPE RATHER THAN CLAY PIPE.
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized
and directed to execute a change order in the City's contract
with Combs Construction Co. for the relocation of a twelve
(12) inch sewer line along U.S. Highway 71 By -Pass between
Arkansas Highway 112 and Johnson Road to provide for installa-
tion of ductile iron pipe rather than clay pipe at an additional
cost of $7,345.80. A copy of the change order authorized
for execution hereby is attached hereto marked Exhibit "A"
and made a part hereof.
PASSED AND APPROVED this,/ day of yG /Z- 1981.
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APPROVED
MAYOR'
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CON T RAC T
State of Arkansas
County of Washington
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THIS AGREEMENT, made and entered into this «,2. day of 5121M14fl6R.. +.
1981, by and between the City of Fayetteville, County of Washington, State of Arkansas,
Party of the First Part hereinafter called the Owner, and
Combs Construction Company, Inc.
Party of the Second Part, hereinafter called the Contractor,
WHEREAS, the Owner has called for bids for the construction of Relocation and Adjust-
ment of Sewer Facilities, as set out in the plans and specifications and approved by
the Board of Directors of the City of Fayetteville, Arkansas, and
WHEREAS, pursuant to the published calls for bids under said plans and specifica-
tions, the Contractor is the lowest and best bidder for the construction of said
Relocation and Adjustment of Sewer Facilities,
NOW THEREFORE: The Contractor agrees with the Owner to commence and complete the
construction of:
Relocation and Adjustment of Sewer Facilities, including
sewer lines and manholes and related work as set out in these
specifications and plans No. Fy-84, which include all items
of work for a completed project, for the prices bid in the
Proposal, all of which becomes and is a part of this contract,
the total sum being
- Seventy-nine thousand Two hundred Fifty-seven and no/100
dollars ($ 79,257.00 ), 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 Proposal attached hereto and made a part
hereof, and in accordance with the General and Detailed Specifications, the General
Conditions, and in accordance with the plans, which include all maps, plats, blue
prints, and other drawings, and written or printed explanatory matter thereof.
The Contractor agrees to commence work under this contract within ten days of the
effective date of the Notice to Proceed, and fully complete all work within sixty (60)
consecutive calendar days thereafter.
The Owner agrees to pay the Contractor in current funds for the performance of the
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contract in accordance with the accepted Proposal
and deductions as provided in the specifications,
thereof as provided below.
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 final completion and acceptance by the Owner and
the 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.
The Contractor agrees to commence work as set out above, and to proceed with the
construction of the work and to prosecute the work with an adequate forceandin
a manner so as to complete the work within the time stipulated herein. If the
Contractor fails in completing the contract within the time stipulated herein,
the Contractor agrees to pay the Owner, as liquidated damages, the sum of
seventy -five -dollars ($75.00) per day for each calendar day of delay in completion,
said amounts being fixed and agreed upon by and between the parties hereto. Because
of the impracticability and extreme difficulty in fixing and ascertaining the
actual damages Owner would in such event sustain, said amounts of liquidated
damages shall be deductible from any amount due Contractor under the Final Estimate
of said work, after the completion thereof, and Contractor shall be entitled only
to the Final Estimate, less such amounts of liquidated damages.
If the Contractor be delayed at any time in the progress of the work or by any
act or neglect of the Owner or of the Owner's employees, or by any other con-
tractor 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 aribtration, or by any cause which the Engineer may 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 of 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 Con-
tractor 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 expense of same, together with any damages
therefor, subject to additions
and to make payment on account ,
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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.
Neither the final certificate nor payment nor any provision in the contract
documents shall relieve the Contractor of responsibility for faulty materials
or workmanship; and, unless otherwise specified, he shall remedy any defects
due thereto and pay for any damage to other work within one year from the date
of substantial completion. The Owner shall give notice of observed defects
with reasonable promptness All questions arising under this article shall be
decided by the Engineer, subject to arbitration.
This contract shall be binding upon the heirs, representatives, successors or
assigns of the parties hereto, including the surety.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands and
seals, respectively.
Combs Construction Company, Inc.
Contractor
By %f�/r-tv671„.
Witnesses
(If corporation, Secretary should attest)
CITY OF FAYETTEVILLE, ARKANSAS
City Clerk
Mayor,/City of Fayetteville, Arkansas
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14.02
ARKANSAS HIGHWAY COMMISSION JOB 4834
FEDERAL AID PROJECT #FFD -075-1(2)
ORC-? NO.
DATE
Nov. 30, 1981
STATE
Arkansas
CONTRACT FON
Sewer Relocation Project, Plans No. Fy-84
COUNTY
Washington
OWNER
City of Fayetteville, Arkansas
Combs Construction Company, Inc.
To.---------- --------._...._...--,...........-------..__.......---
(Conn•c<oy
You are hereby requested to comply •sigh the following changes from the contract plans and specifications:
Description of Changes
DECREASE
in Contract Price
INCREASE
in Contract Price
5
Item 1. Decrease by 1,155 L.F. 15" vitrified
clay pipe @ $15.50 per L.F.
Item 2. Increase by 1,155 L.F. 14" ductile
iron pipe @ $21.86 per L.F.
TOTALS
NET CHANGE IN CONTRACT PRICE
17,902.50
$ 17,902.50
$
25,248.30
25,248.30
7,345.80
JUSTIFICATION:.
Change of material to meet unforeseen problems of trench
overloading and subsurface water.
The amount of the Contract will be (Qocc tc (Increased) By The Sum Of.
Seven thousand Three
hundred Forty-five and 80/100 Dollars($ 7,345.80
The Contract Tota! lacluding this and previous Change Orders Will Be- Eighty-nine thousand Seven
hundred Seven and 80/100 Dollors(S 89,707.80
The Contract Period Provided for Completion Will Be (Increased) Q00ii`klf callItilikiS(;$if):
This docuaen eco. e a sup Ism t t he ontract and all provisions will apply hereto. %
Requested ✓�`® /�—/S — r. ( r1
MayorfC) ty o Payettev4 a own<. ,(y
Recommended �
McGoodwin,. Wi liams an Yates (• • xrtXwl'Y, En„n..,; ID ,'a
(D•1 e)
Accepted
14.
Combs Construction Co., nc
Daus
Connector! (D.r•)
Approved By
Ark. Highway and Transportation Dep t\-a,,,e and Thle)
(Da.)
ARKANSAS HIGHWAY COMMISSION JOB 4834
FEDERAL AID PROJECT #FFD -075-1(2)
ORCER%NO.
2
DATE
Nov. 30, 1981
STATE
Arkansas
CONTRACT FOR
Sewer Relocation Project, Plans No. Fy-84
COUNTY
Washington
OWNER
City of Fayetteville, Arkansas
To Combs Construction Company, Inc.
(Contrec tor)
You are hereby requested to comply with the (olloy.ving changes from the contract plans and specifications:
• Description of Changes
DECREASE
in Contract Price
INCREASE
in Contract Price
5
Item 1. Decrease by 1,155 L.F. 15" vitrified
clay pipe @ $15.50 per L.F.
Item 2. Increase by 1,155 L.F. 14" ductile
iron pipe @ $21.86 per L.F.
TOTALS
NET CHANGE N CONTRACT PRICE
17,902.50
$ 17,902.50
25,248.30
25,248.30
7,345.80
JUSTIFICATION:.
Change of material to meet unforeseen problems of trench
overloading and subsurface water.
The amount of the Contract will be (1302422ssk) (Increased) By The Sum Of:
Seven thousand Three
hundred Forty-five and 80/100 Dollars (S 7,345.80
The Contract Total Including this and previous Change Orders Will Be: Eighty-nine thousand Seven --
hundred Seven and 80/100 Dollars($ 89,707.80
The Contract Perio. Provided for Completion Will Be (Increased) alfdEBgrd klittt'R rests ):
This docume
Requested
eco as
Mayo
Recommended
McGoodw
Accepted
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14 Days
t e contract and all provisions will apply hereto.
ty o Fayet v
(Owner)
Wi liams an Yates(owne:,2C4COMciEngineer)
Comb
Approved By
Ark. Highway and Transportation DepF,Ya,ne and Tide)
Construction Co., nc
(Cantraeton
/ - /5- 0
(Dere)
4.2— 3-1/-
(Date)
(Data)
(Data)
M1 .tt y .. ..i. r •4 �Y.Yn.#'..
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FAYETTEVILLE, ARKANSAS
CITY ENGINEER'S OFFICE
P.O. DRAWER F 72701
TO: Fayetteville Board of Directors
FROM: City Engineer
SUBJECT: Change Order, Highway 71 Sewer Relocation
DATE: December 4, 1981
16011521-7700
On September 15, 1981, the City Board approved a contract with
Combs Construction Company for the construction of a 12 -inch sewer
relocation on Highway 71 Bypass between Highway 112 and Johnson Road.
That contract was for $ 79,257.00.
Because of unforseen problems involving groundw
excavation, it was determined that there should be a
material requirements for the line for a distance of
original contract called for clay pipe to be install
change order, ductile iron pipe would be installed.
The net change in the contract amount is a plus
Highway Department has verbally approved this change
It is my recommendation that this change order
the contract amount be increased from $ 79,257.00 to
This project is 100% reimbursible by the state,
budget adjustment will be necessary.
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ater and rock
change in the
1155 feet. The
ed. Under the
$ 7,345.80.
order.
The
be approved and
$ 86,602.80.
therefore no