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Home My WebLink About75-91 RESOLUTIONa RESOLUTION NO. 75,-91 A RESOLUTION APPROVING THE CONSTRUCTION CONTRACTS I AND II WITH CLAUSON BROTHERS AND FAYETTE TREE AND TRENCH FOR SEWER SYSTEM REHABILITATION IN THE COUNTRY CLUB HILL AREA AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute Construction Contracts I and II with Clauson Brothers adn Fayette Tree and Trench for sewer system rehabilitation, Mini System 5, in the Country Club Hill area in the amount of $162,970.50. A copy of the contracts authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the Board of Directors hereby approves a budget adjustment in the amount of $37,970.50 from the account of SSR -Sewer System Rehab-unobligated fund, Acct. No. 540-570-5-315.00 into the account of SSR -Mini System 5 -Construction, Acct. No. 540- 570-5-315.00. A copy of the budget adjustment authorized for approval is attached hereto and made a part hereof. PASSED AND APPROVED this 7th day of May , 1991. APPROVED: Mayor ATTEST: r. -By • .♦ L SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into on the day of , 1991, by and between Fayette Tree & Trench,Inc., Fayetteville, Arkansas. herein called the Contractor, and the City of Fayetteville, Arkansas, hereinafter called the Owner: That out, 1. WITNESSETH: the Contractor, for the consideration hereinafter fully set hereby agrees with the Owner as follows: That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled SANITARY SEWER SYSTEM, MINI SYSTEM 5 Contract Section II, dated February, 1991, including: Invitation to Bid; Addenda; Instructions to Bidders; General Conditions; Supplementary Conditions; Performance and Payment Bonds; Specifications; the Proposal and acceptance thereof; and the Drawings. 2. That the Contractor shall commence the work to be performed under this Agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder in 120 calendar days. 3. That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Proposal, in lawful money of the United States, the amount of: Seventy -Seven Thousand, Eight Hundred, Forty Five and 00/100 Dollars ($ 77,845.00 ), based on the Base Bid contained herein. 4. That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be withheldby the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. es Consulting MCUo lland how Engineers Incorporated Fayetteville, Arkansas Section 00500 - 1 l.. 5. 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 theacceptance of such work by the Owner. 6. 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. 7. It is further mutually agreed between the parties hereto 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 his 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. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. McClelland Consulting osrn o reel Engineers Incorporotea ForetreviIIe, Arkonsos Section 00500 - 2 i IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three ( 3 ) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. nJJij NESSSES: et Secretary atett). - . ATTEST: Approved as to form. Attorney for Owner Fayette Tree and Trench, Inc. Contractor President Title CITY OF FAYETTEVILLE Mayor Title MnChlland em nod o reel Engineers Erpinesrs Incorporate0 Fayetteville, Arkansas Section 00500 - 3 ADJUSTMENT 0 r CITY OF FAYE DEVILLE, ARKANSAS IN -YEAR BUDGET ADJUSTMENT BUDGET. YEAR DEPT* Public Works DATE REQUESTED 1991 DIV : Engineering 4-15-91 PROG: Sanitay Sewer Rehab PROJECT OR ITEM REQUESTED: SSR -Mini system 5, Country Club Hill, construction contracts I & II, for the repair of gravity sewers and manholes, to reduce inflow. and infiltration. JUSTIFICATION OF THIS INCREASE Original budget estimate was low.. Increase required to allow award of the needed rehab contracts to the low bidders. PROJECT OR ITEM DELETED: None. Reduce the unobligated 1990 roll fund from $200,000.00. to $162,029.50. JUSTIFICATION OF THIS DECREASE Unobligated funds to be used as sewer rehab). RE•Aiiii D BY: / Ildraa. firragr 41 DEPAR ti DIRECTOR: INATOR: DATE forward needed (Sanitary INCREASE ACCOUNT TITLE SSR -Mini System 5 - Constructic ACCOUNT NUMBER 540-570-5-315.00 AMOUNT $37,970.50 DECREASE ACCOUNT TITLE SSR- Sewer System Rehab - unobligated projects fund ACCOUNT NUMBER 540-570-5-315.00 AMOUNT ($37,970.50) BUDGET OFFICE USE ONLY DATE OF APPROVAL 0)02 Entered V/t w^-uA-47 9/0/ VICES DIR: CI MANAGER: Posted Type: By Date A BCD E Total program adjustments to date: • BID TABULATION SANITARY SEWER SYSTEM REHABILITATION MINI SYSTEM FIVE APRIL 8,1991 Contractor Contract Contract Section I Section II Clauson Brothers $70,310.00 $92,760.00 Construction Co. (LOW BIDDER) Fayette Tree & Trench Tanda, Inc. $80,835.00 $77,845:00 (LOW BIDDER) $98,170.00 $125,470.00 • er , CITY LJ MOPE NTT LAURA MINA LN: SKELTON IP Nip El COUNTRY CUPP ANO SOL/ COURSE ., AhuLLQCJ 28 27 \IicinIFT' K1 33 34 SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into on the 7th day of May , 1991, by and between Clauson Brothers Construction Company, Inc., Fort Smith, Arkansas. herein called the Contractor, and the City of Fayetteville, Arkansas, hereinafter called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled SANITARY SEWER SYSTEM, MINI SYSTEM 5 Contract Section I, dated February, 1991, including: Invitation to Bid; Addenda; Instructions to Bidders; General Conditions; Supplementary Conditions; Performance and Payment Bonds; Specifications; the Proposal and acceptance thereof; and the Drawings. 2. That the Contractor shall commence the work to be performed under this Agreement on a date to be specified in a written order of the Owner and`shall fully complete all work hereunder in 120 calendar days. 3. That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Proposal, in lawful money of the United States, the amount of: Seventy Thousand. Three Hundred. Ten and 00/100 Dollars ($ 70,310.00 ), based on the Base Bid contained. herein. That within 30 days of receipt of an approved payment request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be withheld by the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. Section 00500 - 1 tinMnslelland � Consulting as Incorporated Fayetteville, Arkansas r 5. 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. 6. 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. 7. It is further mutually agreed between the parties hereto 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 his 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. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement Section 00500 - 2 MCCIelland /pestn wi To �I Engineers am,EnneWNno Incorporated Fayetteville, Arkansas r on the day and date first above written,,ih three ( 3 ) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. Clauson Brothers Const. Co., Inc. Contractor ":T` 'SC[i K:/ae---Gr--e-e'ae---- /" 10ve . By .,l�!✓� ,.Secretary- resident Title .City Cleidxc- CITY OF FAYETTEVILLE Owne %��rsai wig By s Approved, s to form. Attorney for Owner Mayor Title � McClelland net To Consulting Engineers Incorporated Fayetteville, Arkansas • Section 00500 - 3