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HomeMy WebLinkAbout140-84 RESOLUTION• c RFSOL[TPION No, 140-84 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH OLSON CONSTRUCTION COMPANY. FOR IMPROVEMENTS TO THE CITY'S WASTEWATER TREATMENT PLANT. BE IT RESOLVED BY THE BOARD OF DIRECRORS OF THE CITY OF FA LLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Olson Construction Company for improvements to the City's Wastewater Treatment Plant at a total contract price of $21,232,000.00. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. This resolution shall be effective upon approval of the aforesaid contract by the Arkansas Department of Pollution Control and Ecology. PASSED AND APPROVED this 4th day of December , 1984. APPROVED: BY: \ . G�G�G"v Mayor \14��� �.,'1i l\ • le n.��y., ~'Y `p .Clerkmil 444 No.' • • • e • • 5 • 167 CONTRACT THIS AGREEMENT, made and entered into on the AT. day of Dateenere 19,0, by and between Olson Construction Company herein called the Contractor. and the City of Fayetteville, Arkansas. herein called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained here: Invitation to Bid; Instructions to Bidders; General Conditions; Supplementary Conditions; Specifications; the Proposal and acceptance thereof; Summary of Work and Schedule and Sequence of Operations; and the Drawings. Wastewater Treatment Plant Improvements Contract A 2. That the Contractor shall commence the work to be performed under this Agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within consecutive calendar days from said date. NG17335.A1 Contract the Owner hereby agrees to pay to the Contractor for the ful performance of this Agreement, subject to additions and ns as provided in the Specifications or Proposal, in e13i8ilmoney of the United States, the amount of: Y�pJE MILLION, TWO HUNDRED THIRTY-TWO THOUSAND AND NO 100 '-------------------------------............ ................... .�.- ....................... to .. --------------------,--:.----.Do11ars ($ 21;232,000.00 :$ea on the Lump Sum Price contained herein. That on or before the 15th day of each calendar month, the Second If 8ydulyshall certifiedrandlapprovedsto the estimateContractor basis work performed the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be wihelby the Owner until all work within a articular part has P withheld strictly in accordance with this Agreement and until such work has.been accepted by the Owner. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. In the event that the Contractor shall fail to complete the work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid' at the rates designated in the Proposal, plus any monies paid by the Owner to the Engineer for additional engineering and inspection services associated with such delays. ▪ It is further mutually agreed between the parties here▪ to that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense, within 5 days after the receipt of notice from the Owner, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful_.. performance of the work shall be furnished in manner and form satisfactory to the Owner. MG17335.A1 Contract 2 • No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. EN WITNESS WHEREOF, the parties hereto have,n thendne and date first above wri�tcounterparts, each of which ax; e '?r*shall, without proof or accounting for the other counterpart be deemed an original Contract. executed this Agreement WITNESSES: • ATTEST: App ave(f as to o>4/ tforney for Owner MG17335.a1 3 Olson Construction Company Contractor .1.,.a.-- ********* ,& 4,4 Title CITY OF FAYETTEVILLE **eft. //,- Title CGntratt • SUPPLEMENT 1O CONTRACT This SUPPLEMENT 1n CONTRACT made and entered into on the s,•a�' day of QrcE,n[3F-� , 1984, by and between Olson &Erection Company, herein called the "Contractor", and the City : iyetteville, Arkansas, herein called the "Owner". ggE S, on this date the Owner and the Contractor are executing „tract "A" for improvements to the Owner's wastewater treatment lent which contract is incorporated herein by reference thereto; and wgRFAS, the Contractor and the Owner desire to supplement said • tract. NOW, THEREFORE, the Contractor and the Owner hereby mutually w rse as follows: 1. That 13 of the aforesaid contract is hereby supplemented ty adding the following: . The Owner's obligation to pay the Contractor the amount of $21,232,000 shall be payable solely from the Owner's sewer improvement construction fund which fund shall consist of only (1) federal grant funds received by the Omer under the Clean Water Act for EPA Project No. C-050366-11, and (2) proceeds from the Owner's sale of sewer improvement bonds. IN WITNESS WHEREOF, the Contractor and the Owner have executed this Supplement to Contract on the date first above written in nine (9) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original supplement to contract. OLSON CONSTRUCTION COMPANY By:A.l�!/!4 Title: /k,,, f WITNESS: CITY 0 AYETTEVI .-•: ARKANSAS BY: eedziet, /fl Mayor y Clerk APPROVED AS TO FORM: r a. or Owner • • CONTRACT MODIFICATION (Change Order) Contract Modification No.. 4 Owner: Project Name: Contractor: Fayetteville, Arkansas Wastewater Treatment Plant Improvements Olson Construction Company Cris 62 -o// Rai Po -8• DATE: 7/2/85 Project No. MG18766.A2 The following modifications to the contract are hereby ordered: (Use additional pages if required) Add a Jones Belt Filter Press with new conveyor belt in conformance wltb the plans and specifications contained in the request for proposals dated April 1985 proposal from Olson Construction Company dated July 1, 1985. as modified by the This contract modification constitutes full and mutual accord and satisfaction for all time and all costs related to this change. By acceptance of this contract modification, the contractor hereby agrees that the modification represents an equitable adjustment to the contract, and further, agrees to waive all right to file any further claims or changes arising out of or as a result of this change, or the accumulation of changes on this Contract. Contract Amount: Contract Duration/Completion Date: Belt Filter Press Administration Bldg Phase ISII Phase III *From receipt of written order APPROVED: FAYETTEVILLE P.O. Drawer F Fayetteville, Arkansas 72701 By Date: jd/MGDS/011 Original Previous Contract Changes 521,232,000 ($130,816) 365 days 1/1/1987 9/1/1987 OLSON CONSTRUCTION CO. 3300 Rock Irving, and Road Date: This Change Revised Contract $286,200 521,387,384 *14 Weeks *14 Weeks CH2M HILL 2657 Fai Montgom By: Algvne Date: 7�6"M S Fane Drive ry, AL 36 FAYETTEVILLE, ARKANSAS P. 0. DRAWER F OFFICE OF CITY MANAGER 72702 May 31, 1985 FEP - 104 Mr. Myron Knudson, P.E. Director, Water Management Division EPA Region VI 1201 Elm Street Interfirst Two Building Dallas, Texas 75270 Re: 4th Quarterly Progress Report Fayetteville, Arkansas Docket No. VI -83-756 Dear Mr. Knudson: • (501) 621.7700 Per the requirements of paragraph C, page 3 of the above referenced administrative order, this letter serves as Quarterly Progress Report No. 6. The following has been completed during the months of March, April, and May, 1985: 1) Olson Construction Company has continued mobilization efforts, including construction of haul and access roads, preparation of spoil areas, and construction of a flood protection dike. 2) The Contractor has completed a laydown yard and storage building and is continuing to receive and store materials. 3) The Contractor is continuing earthmoving operations in the effluent storage reservoir area and has completed approximately 16% of the required excavation. The slurry trench subcontractor is currently scheduled to mobilize early in June to start construction of the slurry trench around the perimeter of the effluent storage reservoir. 4) Excavation for the primary influent pump station and the chlorine contact tank has been completed. The Contractor is continuing subgrade backfill and compaction in these areas in preparation for the first concrete pours expected next month. al ME. (2) 5) The Contractor is continuing to place and compact fill material at the site for the new treatment plant. Approximately 20% of the required fill for this area has been completed. The fill for the new administration building is receiving first priority and concrete pours for the building foundation are also planned next month. 6) The Notice to Proceed on Phase 2 of Contract A was received by Olson Construction Company on 'May 12, 1985. 7) Change Order No. 1 incorporating the Phase 1 and Phase 2 Grant Amendments has been processed. Change Order No. 2 for deleting mechanical seals on several pumps for a deduct of $ 69,447 has also been processed. 8) The first study period for the Pilot Plant has been completed and the first interim report was issued on May 15, 1985. On March 5, the Pilot Plant was switched to the A20 mode of operation. During March, effluent nitrogen averaged .3 mg/1 and effluent phosphorus averaged .5 mg/1. The first study period ended April 15, and for the first half of the month, effluent nitrogen averaged .2 mg/1 and effluent phosphorus averaged .71 mg/1. In summary, construction activities are now underway in several areas, and although progress to date has been somewhat slow, a significant improvement is anticipated during the next report period along with improving weather conditions. We will continue to work towards attainment of our final effluent limitations at the earliest possible date. BF/skb c.c. Dennis Sandretto Vernon Rowe Don Bunn Logbook File 3430 Very truly yours, Donald . Grim City Manager fot- 016 r .NOA FAYETTEVILLE, ARKANSAS OFFICE OF CITY CLERK 113 W. MOUNTAIN STREET 72701 CERTIFICATE (501) 521-7700 Attached is a copy of the Payment Bond furnished by Olson Construction Company for construction of the City of Fayetteville's Wastewater Treatment Plant. F E MLLE CITYC RK ACKNOWLEDGEMENT State of Arkansas ) )SS County of Washington) Subscribed and sworn to before me, on this;g5 day of June, 1986. My Commission Expires: f-7 99 �iY/�I-fJ ARY PUBLIC a DC0169 STATE OF ARKANSAS Bond No. ... Amount : $ oDd� PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS,.that we, Olson Construction Company as Principal and Contractor, and UNITED STATES FIDELITY AND GUARANTY COMPANY hereinafter called Surety, are held and firmly bound unto the City of Fayetteville, Fayetteville, Arkansas and represented by its Purchasing Agent, hereinafter called Owner, in the sum of TWENTY.rONE... MILLION, TWO HUNDRED THIRTY-TWO THOUSAND AND NO/100 ...... .... .. .Dollars 232:000.00 ) lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,. by these presents; the said sum being 100 percent of the amount of the Contract. WHEREAS, the above named Principal has entered into a Contract with the above Owner, dated this day of 4 19..., to furnish at his own cost, charges, and expense all the necessary materials, equipment, and/or labor in strict and express accordance with said Contract and the Plans, Drawings, and Specifications prepared -by the Owner's Consulting Engineers, CH2M HILL, all of which is made a part of said Contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully and completely as if said Contract Documents were set forth herein; NOW THEREFORE, the conditions of this obligation are such that if the above bounden Principal shall in all respects comply with the terms and conditions of said Contract and his obligation thereunder, including the Contract Documents (which include the Plans, Drawings, Specifications, and conditions as prepared by said Consulting Engineers, Invitation to Bid, Instructions to Bidders, the Contractor's bid as accepted by the above Owner, the Bid and Contract Performance and Payment Bonds, and all Addenda, if any, issued prior to the opening of bids), and further that if said Principal shall promptly make payments to all persons supplying materials, equipment, M17335.A1 Payment Bond 1 v and/or labor used directly or indirectly by said Contractor or subcontractors in the prosecution of the work provided for in -said contract in accordance with Arkansas Statutes, and further, that if said Principal shall abide by and be governed by the conditions of said Arkansas Statutes providing that the whole amount due -under said contract shall not be paid until said work shall have been inspected and accepted by the City of Fayetteville; and further, if the retainage'provided in the General Conditions shall remain unpaid :ntil such final inspection and acceptance of the work by the Owner; and further, that if said Principal shall promptly repay the Owner any sum.which,it may be compelled to pay because of any claim for tabor or material furnished for the work expressed in said Contract, :yen this obligation --shall be void; otherwise, to remain in full force and effect for the term of said Contract, including any and all ;uarantee,periods,as-specifically mentioned in.said Contract documents; by A'o, the said Surety for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the work to be performed, or materials to De furnished -thereunder, -or in the Plans, Drawings, and - Specifications accompanying the said Contract shall affect said obligation -of -said -Surety on this Bond, and the said Surety does tereby waive notice of any such changes, extension of time, alterations; -.or additions of the terms of the Contract, or to the vork, or to the Drawings and Specifications. Claimant shall give written notice to.the Contractor and to the Surety as required by srkansas Statutes. Any actions against the Contractor or the Surety stall-,be,brought'within the time -.specified by. Arkansas:Statutes. M17335.A1 Payment Bond 2 bay 1 se- t IN WITNESS. WHEREOF, said Olson Construction Co.Rany •.. .... . as Principal and Contractor hereunder, has caused these presents to be signed°.in-.. nine (9,,_,,,.).original counterparts in hIk:hame41 and:, witnessed by, two anteng,tani, Rk� .rri.bing -witnesses and the said . Ut{IjEO I.T. r. as Surety::has`.:taused:,these_ presents i_to: be_s.igned. in original- counterparts. in its name by its f:.r.Jj .%W-,4' �"X.. i r ; .:... _ under: _its corporate: seal, this Zar day. of + ?!LJ .,.,.:- signed, •sealed and. delivered in. Olson Construction Company presence f Principal Contractor As to Principal HEftfit Title UNI.TEO SI/TEs: �T:i fi ' GUANArY. COMPANY Suretf • ...Attorney -in -Fact 'j (Power -of -Attorney to be attached) iL44 h 4� GC•K " 4(1-01-4------ By•yl ����� .J<.::� _ = As t Su ety , ReslQent Agent LcJ- //'^fmn 7 ; � f es,... NOTE: The SURETY named on this bond shall be one who is licensed to "nee -1-,---s conduct business in the state where the project is located, and named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies, as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act for the SURETY at the time of the signing of this bond. M17335.A1 Payment Bond 3 A • W. D. GRAUE, INC. DALLAS • HOUSTON • BATON ROUGE • KANSAS CITY SAN ANTONIO • DENVER June 12, 1986 REPRESENTING MANUFACTURERS OF MUNICIPAL AND INDUSTRIAL PROCESS AND CONTROL EQUIPMENT PLEASE REPLY TO: 6301 GASTON, SUITE 610 DALLAS, TEXAS 75214 OR P.O. BOX 141168 DALLAS, TEXAS 75214 PHONE: 214/827-7481 APPLICATION FOR CERTIFIED COPY OF PAYMENT BOND PROJECT: Fayetteville, Arkansas WWTP Improvements Contract A, Project #MG17355.A1 EPA No. C-050366-11 LOCATION: Box 106A, Route 5, Fox Hunter Road Fayetteville, Arkansas 72701 PRIME CONTRACTOR: Olson Construction Co. Irving, Texas TO: Ms. Suzanne Kennedy, City Clerk City of Fayetteville 113 W. Mountain St• Fayetteville, AR 72701 Werhereby make application for a certified copy of the Payment Bond furnished by the above Contractor on the above Project for the following reason: This company has entered into a contract to furnish specially fabricated material on the above project. We enclose herewith an affidavit, properly executed. For your_convenience, we also enclose.a self-addressed, stamped envelope which may be used for mailing the copy of the Payment Bond to us. WDG/js Att: • Very truly yours, 'GRADE. INC. 951111Z10 -- William aD. ` Graue Page 2 Ms. Suzanne Kennedy June 12, 1986 AFFIDAVIT STATE OF TEXAS COUNTY OF DALLAS W.D. Graue, Inc., by and through William D. Graue its duly authorized Agent, hereby makes known that said Corporation has entered into a Contract with Olson Construction Co. and has furnished specially fabricated material (e.g. Lobe Pumps, DPS Primary & Secondary Scum Pumps) used in the construction of the following Project: Fayetteville, Arkansas WWTP Improvements Contract A, Project #MG17355.A1 EPA No. C-050366-11 Fayetteville, Arkansas and that payment therefor has not been received. W.D. Graue, Inc. William D. Graue President and General Counsel STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared William D. Graue , to me known, who stated that he is President and agent of W.D. Graue, Inc. and that as such President he is authorized to execute the foregoing affidavit, and that he has read the same, and that the facts therein are true and correct. W.D. Graue, Inc. /4/ William D. Graue President and General Counsel SUBSCRIBED AND SWORN TO BEFORE ME, on this the 12th day of June 1986 Notary Public in and for Dallas County, Texas, My commission expires April 9, 1989. 441v/A- WO/crN 1 , i i CONTRACTOR: Olson Construction Company FAYETTEVILLE WASTEWATER MANAGEMENT SYSTEM WASTEWATER TREATMENT PLANT IMPROVEMENTS CONTRACT A VOLUME 1 Specifications FRONT DOCUMENTS THROUGH DIVISION 10 For City of Fayetteville, Arkansas For information regarding this project, contact: John Lannon , P.E. Gainesville, Florida •, 904/377-2442 September 1984 CH2M HILL No. MG17335.A1 EPA No. C-050366-11 CH2M CCHILL PREPARED BY: CH2M HILL AND McCLELLAND CONSULTING ENGINEERS, INC. kYA:t • • Engineers Planners Economists Scientists November 30, 1984 MG18515.A2 Mr. Robert Franzmeier Project Coordinator City of Fayetteville P.O. Drawer F 113 West Mountain Fayetteville, Arkansas 72702 Dear Bob: • • Subject: Recommendation of Award of Contract A --Wastewater Treatment Plant Improvements We have completed our review of the bid proposals received on November 20, 1984, for the ccnstruction of the Wastewater Treatment Plant Improvements, Contract A. Four bids were received for Contract A. The certified base bid tabulations are attached for your review. The alternate equipment identified by Olson Construction Company has been evaluated and is summarized in Tables 1 and 2. The recommended subbid items, shown in Table 1, are valued at $63,000. The items not recommended are shown in Table 2. Olson Construction Company submitted a base bid amount of $21,295,000. Adjusting their base bid for the recommended subbid items, the actual bid amount is $21,232,000 ($21,295,000 — $63,000). Olson. Construction Company was the lowest bidder. We have reviewed the references of Olson Construction Company and have found they have performed similar work over the last few years and they appear qualified to construct the new.facilities. It is recommended that Olson Construction Company be awarded Contract A for the amount of $21,232,000. This award should be contingent upon the APCE approving the payment schedule and award package to be submitted the next few weeks to the APCE. CH2M HILL INC. Gainesville Office 7201 N.W. 11Th Place, P.O. Box 1647, Goinesviee Florida 32602 904.377.2442 EasyLink 62508220 Telex 756070 • Mr. Robert Franzmeier Page 2 November 30, 1984 MG18515.A2 If you have any questions, please contact me. Sipcerly, John M. Lannon, P.E. ab/gnCR2/15 Attachments xc: C. Thompson/MGM/att V. Rowe/MCC/att T. Ivy/APCE/att • • • BID TABULATION aF� FAYETTEVILLE WASTEWATER MANAGEMENT SYSTEM WASTEWATER TREATMENT PLANT IMPROVEMENTS • CONTRACT A • 1 • BID DATE: NOVEMBER 20, 1984 - 1:30 P.M., LOCAL TIME PROJECT NO. MG17335.A1; EPA NO. C-050366-11 DATED SEPTEMBER 1984 BIDDERS - LUMP SUM BASE BID* RANKING Blount Construction Montgomery, AL.36116 $24,295,000 3 • Brinderson Corporation 21,875,000 2 Irvine, 'CA 92714 Olson Construction Co. Irving, TX 75060 21,295,000 1 Carothers Construction, Inc. Water Valley, MS 38965 25,972,375 4 *The subbid items listed in the Bidder's Proposal had no impact.on the ranking of the bidders. gnCR2/15c • • APPROVED BY: / 1 � Yf62--- ohn M. Lannon, P.E. DATE: November 30, 1984 • • • • • Table -1 OLSON CONSTRUCTION COMPANY APPROVED SUBBID ITEMS Specification Number Title Ecuipment Deduct Value 11037-1 Vertical.Turbine Bj+ron Jackson Models Pumps 181CCE and 16GL $63,000 11047-1 Lobe Pumps Tuthill Model 600 $11,000 11373 Digestion Centrifugal --Lamson Model $37,000 Blowers 1406-0-0-0-4-2AD TOTAL VALUE OF APPROVED SUBBIDS $63,000 1. The acceptance of these items is contingent upon the Contractor meeting the items in the Proposal, which states all additional construction costs are included in his bid price. The recommended items are not approved.until all submittal procedures are followed and the equipment is accepted via the shop drawing review process. gnCR2/15a • Table 2 OLSON CONSTRUCTION COMPANY NOT RECOMMENDED SUBBID ITEMS Section 11020-1, Raw Sewage Pumps --$35,000 A Flygt submersible dry pit pump was submitted as an alternate item. The pump submittal requires more horsepower than the specified pump. The Flygt motors submitted do not meet the efficiency requirements specified. Also., the Flygt pumps are not..a direct dry pit type .pump as was specified. Sections 11221 and 11340, Primary Clarifiers and Secondary Clarifiers --$28,000 and $11,000 WestTech clarifier mechanisms were submitted. as subbid items. The overall workshop and quality of WestTech in our opinion, is not equal to Don -Oliver clarifier which was identified as the base bid item. The weir and baffles for the clarifiers were not identified. Detailed drawings and submittal information were not submitted with the bid so a detailed review of the equipment could be done.. • Section 11234, Chlorination Equipment --$30,000 The subbid item listed for this equipment was Durkin. Durkin is an Instrumentation and Control Subcontractor/ Supplier, not an equipment manufacturer. A Fischer Porter catalog brochure was submitted with a Durkin brochure. It is not possible to evaluate the system with just brochures. The specification calls for a complete chlorination/ sulfonation system. The submittal did not identify any sulfonation equipment or system requirements. The.subbid item could not be evaluated because of a lack of information and it was not bid to the specification which called for a complete chlorination/sulfonation system. Section 11379, Aeration Eauipment--$6,000 A Douglas diffuser was submitted as a subbid item. Sufficient information was not submitted to verify the performance of the equipment (i.e., oxygen transfer tests, etc.). The diffuser is a new product for Douglas and has not been used in an application as large as Fayetteville. It is not an equivalent to a Sanitaire system, in our opinion. Section 11490, Engine Generator --$12,000 • An 1800 rpm Cummins natural gas generator was submitted as the subbid item. The specification called .for a 1200 rpm machine which is a heavier duty type machine. The 1800 rpm machine is not equal to a 1200 rpm machine and is not the intent of the specification. gnCR2/15b