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HomeMy WebLinkAbout04-83 RESOLUTIONRESOLUTION NO. (Z7{---8371--17 A= - A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK -TO EXECUTE A CONTRACT WITH TOMLINSON ASPHALT CO., INC. FOR DRAINAGE AND PAVEMENT IMPROVEMENTS ON THE WEST SIDE OF DRAKE FIELD. 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 contract with Tomlinson Asphalt Co., Inc. for drainage and pavement improvements on the west side of Drake Field at a total contract cost not to exceed $56,705.00. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this day of ...VI/L/Jy 1983. %¢ . 'r Y • i ({Y 1t I.. t COU nhot . CITY CLERK APPROVED: 'aj US} MAYOR • F PAYETTEVILLE, ARKANSAS AIRPORT DEPARTMENT P.C. DRAWER F -MEMORANDUM 15011521-4750 72701 TO: Fayetteville Board of Directors FROM: Ede P. Hogue, Airport Manager SUBJECT: West side drainage and pavement improvements to Drake Field DATE: December 28, 1982 The bid tabulations for the project described above are: McClinton -Anchor Tomlinson Asphalt Base bid $51,277.75 $50,725.00 Striping 375.00 400.00 Curb and gutter along west side 4.50 per linear ft. 4.65 per linear Totals (estimating 1200 linear feet) $57,052.75 $56,.705.00 The project is to be funded fifty percent (50%) by the state. with fifty percent (50%) to be shared between the City and the tenants who will benefit from the improvements. The City has received a state airport aid grant in the amount of $23,000 for the project which represented 504 of the estimated project cost at the time of our application. After the bids were received and exceeded our original estimate, I talked with Mr. Eddie Holland, Director of the Division of Aeronautics, and he indicated there would be no problem in amending our project to increase the amount of our grant to 50% of the project cost, up to $30,000. The approximate amount to be paid by the tenants is summarized as follows: Tyson (11%) $ 1,559.39 Caudle (05%) 708.81 Scheduled Skyways (73%) 10,348.66 $12,616.86 Fayetteville Board of Directors December 28, 1982 Page 2 4 The City is to pay the additional eleven percent (11%) which would have been paid by Jim Cope if his lease had not terminated. This will be taken into consideration when bidding out the facility and we will attempt to recoup the amount for improvements in the lease agreement. The approximate amount to be paid by the City is: 25% of the total project cost $14,176.25 11% of tenant cost 1,559.39 Total $15,735.64 $15,000 has been budgeted in the Airport 1983 Capital Outlay account. We will need to adjust the budget by approximately $735.64. I have attached copies of letters from Tyson Foods, Inc., and Caudle Freight Service, in which they express a willingness to pay their fair share for this project. I have discussed, by telephone, this project with Mr. Bob Shultz, of Scheduled Skyways, and he has assured me that Scheduled Skyways will pay their fair share. (We were estimating approximate] $9300.00 before bids were opened.) Skyways' only concern is that they be able to amortize their cost over a sufficient period of time in that they continue to lease the facilities presently occupied by them. I agreed with him that his request was a fair and reasonable one and that if the City terminated a lease for premises adjacent to the parking area or if the City refused to negotiate a new lease with Skyways, assuming a lease expires prior to their improvement cost being fully amortized, that the City would reimburse Skyways for the unamortized portion of the improvement. I explained to Mr. Shultz this would be true for all tenants contributing toward this project. Mr. Shultz did not wish to write a letter stating his position, but preferred to discuss with me and assure me of his willingness to participate in this project. He asked that I communicate his position to the Board and that you trust in his word to me. He agreed to sign whatever guarantee is considered necessary prior to the City issuing a Notice to Proceed on the project. Mr, Shultz is not attempting to delay the project and is not insisting that Skyways' participation be considered together with long-term lease agreements on airport facilities. It is important to him that the City and Scheduled Skyways develop a good working relationship that is built on trust and does not require putting all discussions in writing. Fayetteville Board of Directors December 28, 1982 Page 3 RECOMMENDATION: That the bid be awarded to • Tomlinson Asphalt in the amount of: Base bid Striping - Curb and gutter along west side $50,725.00 400.00 4.65 per linear foc • n , 5,., , •y�� Tyson Foods, Inc. DRAWER E • SPRINGDALE, ARKANSAS 72764 • TELEPHONE (501) 756-4000 December 21, 1982 Ms. Ede Hogue Fayetteville Airport Manager P. 0. Drawer -F - Airport Dept. Fayetteville, Arkansas 72702 Dear Ms. Hogue: Reference is made to the project of paving the gravel road in front of the hangers known as the Westside Drainage and Pavement Improvement to Drake Field. It is my understanding the present estimate on this project is $51,000; with the city agreeing to pay one-fourth, the state one-half and the other one-fourth being divided among the tenants. If each tenant divides the feet in front of his hanger by the total footage, the portion for which Tyson is responsible would be approximately 11% (or approximately $1,355.00). Using this calculation we willbe willing to pay our fair share, taking into consideration the final bid may be more or less thereby the $1,355.00 approximate amount may vary. GJ:bg Sincerely, 4! Gerald Johnston Executive Vice President Finance. Nia CAUDLE FREIGHTT SERVICE � DOOR-TO-DOOR — NATIONWIDE—OVERNIGHT P.O. BOX 1104 Ms. Ede Hogue Airport Manager P. 0. Drawer F Fayetteville, AR 72702 Dear Ede: FAYETTEVILLE, AR 72701 December 10, 1982 Nationwide 1-800-643-3525 In Arkansas 1-800-632-0141 ---LOCAL--- 442.6301 As per our conversation of December 8, 1982, we feel justified in participating in the paving project now being considered for our parking area and the driveway north of our office. The conditions and limitations upon which our commitment is made are as follows: (1) Our cost shall not exceed $750.00 based upon a prorated share of total square footage paved calculated at 25% of the total cost of the project. (2) That in the event our lease be terminated by the lessor. resulting in less than one full year usage from date of payment the lessor will reimburse on a prorated basis any portion less than one full year usage. If the stated conditions are considered acceptable this letter may be • taken as our firm commitment on the paving project planned. CEC/ka Sincerely, C. Edd Caudle, President Caudle Freight Service, Inc. CO'N T R A C T STATE OF ARKANSAS COUNTY OF WASHINGTON THIS AGREEMENT made and entered into on this '1f1j day of fr/t/ ; 1983, by and between the City of Fayetteville, Arkansas, hereinafter called the Owner, and Tomlinson Asphalt Company, Inc.. of.Fayetteville•, Arkansas, hereinafter called the Contractor. W I T N E S SETH : THAT WHEREAS, the Owner has called for bids for constructing drainage and pavement improvements to the west side of Drake Field as set out in these Specifications and approved by the Owner, and WHEREAS, the Contractor is the best bidder for the work hereinafter set out, pursuant to the published call for bids under said Plans and Specifications, NOW, THEREFORE, the Contractor agrees with the Owner to furnish all materials, tools, equipment, and labor to complete the necessary work for the required excavation, embankment, grading and compacting of base material, asphalt paving, laying drainage pipe, construction of drainage facilities and seeding, and other items of construction as shown on the Plans and as described in the Specifications, for the unit prices bid in the Proposal, said Proposal being a part of this Contract, the total sum not to exceed Fifty -Six Thousand Nine Hundred Eighty -Four and No/100 ($56,984.00) Dollars, such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all supplies, labor, machinery, equipment, tools, supervision, bonds, insur- ance, and other accessories andAservices 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 Specifications, and in accordance with the Plans, which includes all maps, plats, • a. • blueprints and other drawings, and written or printed explanatory matter thereof. The Contractor hereby agrees to commence work under this Contract on or before a date to be specified in written "Notice to Proceed" by the Owner and to fully complete the project within forty-five (45) consecutive calendar days thereafter. The Owner agrees to pay the Contractor in current funds for the performance of the Contract in accordance with the accepted Proposal therefore, subject to additions and deductions, as provided in the Specifications. 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 Owner's representative's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Upon completion of the work and final acceptance by the Owner and Owner's representative, the Owner's representative shall issue a final estimate of work done based upon the original 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 further agrees to pay to the Owner, as liquidated damages, the sum of $50.00 for each consecutive calendar day required for his work beyond the forty-five (45) calendar day time limit, except as provided for hereafter. If the Contractor should be delayed at any time in the progress of the work by any act neglect of the Owner or of his 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 causesbeyond the Contractor's. control, or by -3- r delay authorized by the Owner's representative 'pending arbitra- tion, or by any causes which the Owner's representative shall decide to justify the -delay, then the time 'of completion shall be extended for such -reasonable time -as the Owner's representative may decide, Similarly, should'the Contractor be unable to complete the work -due to persistent inclement weather or because of delays in delivery of necessary construction components, then the time of completion shall be extended for such -reasonable time as the -Owner's representative shall decide. No such extensions shall be made for delays occurring more than seven days before a claim therefore is made in writing • to the Owner's representative. 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 refusesto continue the work after ten (10) days written notice, given the Contractor by the Owner or by the Owner's representative, then the Owner shall have the option of terminating this Contract. In the event of termination, the Owner shall not be liable to the Contractor for any work theretofore performed hereunder and shall not be required to have the Contractor's surety =:complete and carry out the Contract of the Contractor. The Owner may complete said Contract at its own expense, and maintain an • action against the Contractor and the Contractor's surety for the actual cost of completing this Contract less the total amount provided for hereunder to be paid the Contractor, upon completion of this Contract. This Contract shall be binding upon the heirs, representa- tives, successors, or assigns -of the parties hereto, including the. surety. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands. and seals, respectively. Witness Alcry- TOMLINSON. ASPHALT OMPANY, INC. tfac x,r ATTEST: (2L2 -,j4;(2 . :ifzgrt City Clerk • F -4 - CITY OF FAYETTEVILLE Owner Title Mayor