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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. • 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 . artmrnli -ctor Approval Signatures z,Z,A 4,40414/95 Admin Mayor ces 1 4 r cswicQc ta/s/crs 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 • 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 • 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 • October 17, 1995 • 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 i a m to 82288288823888£88888828288888888888888888888888828:8:58 as§§MaaV, g§2arl?1, 3:3axa3 a1a1ra8aaaRaa§§xb§�cz§a as 4-s:.rwws:5 w ww %xww 8888888888888888888888888883888888888888888888888888888 §Cxs§arRgpa§§§c.?D15118'§§§§§§§§§§§§§§s„ Aa . 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