HomeMy WebLinkAbout113-95 RESOLUTIONRESOLUTION NO. 113-95
A RESOLUTION AWARDING A CONSTRUCTION
CONTRACT TO BASIC CONSTRUCTION IN THE AMOUNT
OF $336,683 APPROVING A CONTINGENCY AMOUNT OF
$33,668 AND AUTHORIZING THE MAYOR TO APPROVE
CHANGE ORDERS UP TO THE CONTINGENCY AMOUNT,
AND APPROVING A BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Council hereby awards a construction contract to Basic
Construction in the amount of $336,683 for the construction of water and sewer improvements
in conjunction with the extension of Razorback Road; and approves a 10% contingency amount
of $33,668; and authorizes the Mayor to approve change orders up to the contingency amount.
A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof.
Section 2. The Council hereby approves a budget adjustment to recognize Federal and
State Contributions in the amount of $236,466 increasing Water Line Improvements, Acct. No.
5400 5600 5808 00, Project No. 95026 by decreasing State Highway Utility Relocation, Acct.
No. 5400 0940 4303 00.
PASSED AND APPROVED this 15th day of August 1995.
APPROVED:
By:
Traci Paul, City Clerk
red Hanna, Mayor
City of Fayetteville, Arkansas
Bndget Adjnrtruent Form
Budget Year
1995
Department: Public Works
Division: Capital Water Mains
Program:
Date Requested
August 15, 1995
Adjustment #
Project or Item Requested:
Additional funding is requested for the Razorback Road
Water/Sewer Relocation project
Project or Item Deleted:
None. Recognize revenue from the Federal Highway
Administration (FHWA) and Arkansas Department of
Transportation and Highways (AHTD)
ustification of this Increase:
he City budget contains funding for the City portion of the
Water/Sewer Relocation Project. this adjustment recognizes both
the federal and state reimbursement amounts associated with this
project.
Inwift}cation of this Decrease:
No decrease of funding is proposed.
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Account Name Amount
Increase
Water Line Improvements _ 236,466
Account Name Amount
Account Number Project Number
5400 5600
5808 00 95026
Decrease
State Highway Utility Relocation 236,466
Account Number Project Number
5400 0940 4303 00
Reque
/` ib , �8/14/95
1
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artmrnli -ctor
Approval Signatures
z,Z,A 4,40414/95
Admin
Mayor
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Budget Office Use Only
A BCD MF
Date of Approval
Posted to General Ledger
Entered in Category Log
Budget Office Copy
CONTRACT
THIS AGREEMENT. made and entered into the j( day of acQsaf , 19 p by and between the
City of Fayetteville, County of Washington. State of Arkansas, Party of the First Part hereinafter
called the Owner, and Basic Construction , of the City of Fayetteville, Arkansas , Party of the Second
Part, hereinafter called the Contractor
WITNESSETH THAT
WHEREAS. the Owner has called for bids fir water and sewer system improvements, as set out in
the Plans and Specifications and approved by the City of Fayetteville, Arkansas; and
WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the
Contractor is the Lowest and best qualified bidder for the construction of said Improvements.
NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the
construction of:
Bid No. 95-54 which shall be the construction of water and sewer lines in conjunction with the
Razorback Road Extension, Fayetteville, Arkansas: including all Work required for a complete and
acceptable installation. for the unit and lump sum prices bid in the Rid Proposal, all of which become
and are a part of this Contract, the total sum thus being three hundred. thirty-six thousand _six-
hundredeighty-three dollars ($336,683.00). 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
Bid attached hereto and made a part hereof and in accordance with the Technical Specifications. the
General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include
all maps. plats. blueprints. and other drawings. and written or printed explanatory matter thereof
The Contractor agrees to commence work under this contract within ten days of the issuance of the
Notice to Proceed and totally complete all work within one -hundred, twenty (120) calendar days.
The Owner agrees to pay the Contractor in current funds for the performance of the contract in
accordance with the accepted Bid therefor. subject to additions and deductions, as provided in the
Specifications, and to make payment on account thereof as provided below.
As soon as is practicable after the first of each calendar month, and in accordance with the Contract
Specifications, 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 Retainage, in the amount of ten percent
of work completed, shall be withheld from the partial payments as provided by Arkansas state laws
1
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by the Owner until final completion and acceptance by the Owner and Engineer The Engineer shall
then issue a Final Estimate of work done based upon the original contract and subsequent changes
made and agreed upon, it 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 within ten (10) calendar days from the date of the Notice
to Proceed and to proceed with the construction of the work and to prosecute the work with an
adequate force and in 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 five hundred dollars ($500 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 are to be presumed by the parties
to this contract to be the amounts of' damage Owner would 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 to the Final Estimate less such amounts
of liquidated damages.
If the Contractor be delayed at any time in the progress of the work by any act or neglect of the
Owner or of the Owner's 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 causes beyond the Contractor's control, or by delay authorized by the Engineer
pending arbitration. or by any cause which the Engineer shall 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 for delay, only one claim is
necessary
In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the
work ten (10) days after written notice. given Contractor by the Owner or by the Engineer, then the
Owner shall have the option of 1) declanng this contract at an end, in which event the Owner shall
not be liable to the Contractor for any work theretofore performed, or 2) requiring the surety hereto,
upon ten (10) days notice, to complete and cam out the contract of Contractor; and in that event,
should the surety fail, neglect or refuse to carry out said contract, said Owner may complete the
contract at its own expense and maintain an action against the Contractor and the surety hereto for
the actual cost of same, together with any damages or other expense sustained or incurred by Owner
in completing this contract, less the total amount provided for hereunder to he paid Contractor upon
the completion of this contract.
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 Contractor have hereto set their hands and seals.
respectively
Witnesses"
*If corporation, secretary should attest
Attest.
Traci Paul, City Clerk
End of Contract
/�1RSi! (2,01-1577-4407 o 0-4—
Firm
By
CITY OF FAYETTEVILLE., ARKANSAS
Fred Hanna. Mayor
3
STAFF REVIEW] FORM
AGENDA REQUEST
xxx CONTRACT REVIE:9
GRANT REVIEW
1, •
A
For the Fayetteville City Council nee ng of N/A Mayor's Approval
d
•
FROM:
Mandy R. Burch Eng =neer ng _
Public Works
Divisicn Department
ACTION REQUIRED: Mayor s approval and execution of Change Order #1 to the
contract with Basic Construction for the Water and Sewer Relocations for
AHTD's Razorback Road project, in the amount of $33,650.
COST TO CITY:
S33,65C.CC
....-..-.0 of Ch1S request
370.$51 Razorback Rd. W/S.
gat egsry' Prr ect Budget. Categcryi Pr( ;ect Nanr
5400-5ECC-5808-00 $ 336,783
Acc..lnt Number
95026-CO2C
Pr eject Number
Funds Used Eat.e Program Name
$ 34 068 Water & Sewer
Peraining Ha:ance Fund
BUDGET REVIEW:
xxx Budgeted Item
Budget' C eurdinat ,.
Budget Adjustment Attached
Adn•inistrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
/ -t
anags'r
/ +1# //7")
City ANf:rne' '
Yu—chasing nfficor
Date
IC I $ -95
na-e
GRANTING AGENCY:
:: r. i-rdinat.c;_____ Date
1 j.
Int[rnal Auditor re
14_ ,14
/G';V-91
Date
STAFF RECOMMENDATION: Approval of Change Crder #1 as stated above.
pl/Ild;L-L
Invision Head
:,epartic,nt Direc`cr
S
/o%ig/f s
Date
Cross Reference
New :tem: Yes No
Prev Ord/Res 4: 113-95
,�r:g Contract Datr:8/15!95
FAITI1" ITNI
THE CITY OF FAYETTEVI.EE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
I;, Mayor fire! I lama
Thru Kevin Crosson Pcbhc
Works U fetor
I)on Bunn, City Engineer
From. Mandy 13unch, I:ngmecrinl
])ate• October 17 1995
RF: Contract Renew
Change Order t+ :. l3asic C: nstruct:on
Watei and Sewer Relocations for Razorback Road
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I. Background . The City of Fayetteville ensued into an afrecment with I3asic (em,^.n:ctnm on August 15 1995 to the relocation
of water and sewer faciliues m the vicinity of the Razorback Road pro:cet
2. Project Information: This project :s 0sta:tially complete 1)u ing this pr yext several disan env, were made in the fieid that
were not accurately depicted an the City Atlas These occurrences made several charges to the project documents necessary.
rhe charges were made on an emergency basis. t.e.. s'eT eral customcm were out of water service dunng several of the repairs
I he changes are shown or. the attached d;curnerts
3. Staff Recommendation. The Council aw arded the constriction contract in the amount of 5336,681 to Basic ('Instnoulm
appmt ed a project :contingency of $33.668, and authoruexf the Mayor to approve ('hange Orders up to the contingency amount.
Staff rmommends the approval of Change Order fl] . 13e :equestcd amount of S33.650 is within the approved corn ingenes
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October 17, 1995
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CONTRACT CHANGE ORDER
PROJECT: Razorback Rd Water & Sewer Relocations
LOCATION: Fayetteville, Arkansas
OWNER: City of Fayetteville
OWNER. City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
CONTRACTOR
CHANGE ORDER NO.1
City o' rayetleyi le Bid No 95-54
DATE: October 17, 1995
Basic Contraction
P o Rex 138
Fayetteville, AR 72702
ITEM DESCRIPTION QUANTITY
#
1 Changes in Contract Quantities aid Unit Pnces As Shawn
Attached as 'CHANGE ORUFR NC 1'
(Prepared and dated October 17, 1995)
UNIT
As Shown
CONTRACT TOTAL
UNIT PRICE AMOUNT
As Shown $33 650.00
The Original Contract Price was
Net Change By Previous Change Order(s) was
The Contract Price Prior To This Change Order was
The Contract Price Will Be Increased By This Charge Order by
The New Contract Price Including This Change Order is
1 he Contract 1 ime Will Be Increased by
The Date Of Completion As Of The Date Of This Change Order is
$336 683.00
$0.00
$336 683 00
$33 650.00
$370 33300
o
Doc 27.1995
Accepted: '• . sl onstruction
�l
By: rlfie:�
f�lGfo s*�
Date: 7 /� f6
Approved:
By:
City of Fayetteville; Fayetteville Arkansas
/ifltitte: i7 r�//J/GK'
G�
Date: /� —I `5
10/18/95 10:59 AM 1
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