HomeMy WebLinkAbout37-98 RESOLUTION•
RESOLUTION NO 3 7 - 9 8
A RESOLUTION AWARDING BID NO. 98-14 IN THE AMOUNT
OF $80,050 TO UNITED PLUMBING AND APPROVAL OF A
15% CONTINGENCY AMOUNT OF $12,000, FOR THE WATER
LINE RELOCATION FOR MUD CREEK STRUCTURES AND
APPROACHES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby awards Bid No. 98-14, in the amount of $80,050
to United Plumbing; and approval of a 15% contingency amount of $12,000, for the water line
relocation for Mud Creek structures and approaches; and authorizes the Mayor and City Clerk to
execute an agreement with the contractor for said amount. A copy of the agreement and bid
tabulation are attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 7th day of April , 1998.
APPROVED.
By.
Fred Hanna, Mayor
ATTEST:
B
•
EXHIBIT A
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the 744 day of p pry'/
in the year 1998 by and between the City of Fayetteville, Arkansas
(hereinafter called OWNER) and United Plumbing. L.L.C.
(hereinafter call CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the
Contract Documents. The Work is generally described as follows.
Project - Water Line Relocation for Mud Creek Str & Apprs.(S)
Construction of eighteen (18) inch water line and eight (8)
inch water line with associated ductile iron fittings, gate
valves, butterfly valves, tapping sleeve and valves, sixteen
(16) inch steel encasement, fire hydrant, seeding and
mulching, existing pavement repair, and all items indicated in
the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
City of Fayetteville Engineering Dept.
113 W. Mountain
Fayetteville, Arkansas 72701
City of Fayetteville Page 00500-1
who is hereinafter called ENGINEER and who is to act as OWNER's
representative, assume all duties and responsibilities, and have
the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance
with the Contract documents.
Article 3. CONTRACT TIME.
3.1 The Work will be substantially completed within 40
calendar days after the date when the Contract Time commences
to run as provided in paragraph 2.3 of the General Conditions,
and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within 70 calendar
days after the date when the Contract Time commences to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that
time is of the essence of the Agreement and that OWNER will
suffer financial loss if the Work is not completed within the
times specified in paragraph 3.1 above, plus and extensions
thereof allowed in accordance with Article 12 of the General
Conditions. They also recognize the delays, expense and
difficulties involved in proving the actual loss suffered by
OWNER if the Work is not completed on time. Accordingly,
instead of requiring any such proof, Owner and CONTRACTOR
agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER Two hundred dollars
($200.00) for each day that expires after the time specified
in paragraph 3.1 for Substantial Completion until the Work is
substantially complete. After Substantial Completion, if
CONTRACTOR shall neglect, refuse or fail to complete the
remaining Work within the time specified in paragraph 3.1 for
completion and readiness for final payment or any proper
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER
Two hundred dollars ($200.00) for each day that expires after
the time specified in paragraph 3.1 for completion and
readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in
accordance with the Contract Documents an amount in current
funds equal to the sum of the amounts determined from the
following Schedule of Values pursuant to paragraphs 4.1 and
4.2 below:
City of Fayetteville Page 00500-2
4.1 for all Work other than Unit Price Work, an amount
equal to the sum of the established lump sums for
each separately identified item of Lump Sum Work;
and
4.2 for all Unit Price Work, an amount equal to the sum
of the established unit price for each separately
identified item of Unit Price Work times the estimated
quantity of that item as indicated in this paragraph
4.2.
PAYMENT ITEMS
NO
ITEM
UNIT
ESTIMATED
QUANTITY
UNIT
PRICE
TOTAL
ESTIMATED
1
Clearing and Grubbing
Trees
Lump
Sum
1
2500
$2,500.00
$1,000.00
2
Site Preparation
Lump
Sum
1
1000
Rock Excavation
Cu Yd
50
1.00
$50.00
14.00
$1,050.00
4
Aggregate Base Course
(under Pvmt,waterline
trench)
Ton
75
ACHM Surface Course
w/concrete (Patching)
Sq Yd
30
50.00
$1,500.00
$1,000.00
Erosion Control
Lump
Sum
1
1000
16" O.D. Steel
Encasement
Lin Ft
200
50.00
$10,000.00
8
Fencing
Lin Ft
50
20.00
$1,000.00
9
Maintenance of
Traffic
Lump
Sum
1
1000
$1,000.00
10
Seeding and Mulching
Acre
0.75
2000
$1,500.00
384.00
$768.00
11
Planting Trees
Each
2
$512.00
12
Transplanting Trees
Each
2
256
City of Fayetteville
Page 00500-3
As provided in paragraph 11.9 of the General Conditions estimated
quantities are not guaranteed, and determinations of actual
quantities and classifications are to be made by ENGINEER as
provided in paragraph 9.10 of the General Conditions. Unit
prices have been computed as provided in paragraph 11.9.2 of the
General Conditions.
Article 5, PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance
with Article 14 of the General Conditions or as modified in the
Supplementary Conditions. Applications for Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1.Progress Payments. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR'S
Applications for Payment as recommended by ENGINEER, on or
about the 1st day of each month during construction as
provided in paragraphs 5.1.1., 5.1.2, 5.1.3., and 5.1.4 below.
City of Fayetteville Page 00500-4
13
18" PVC C905(DR 18)or
Ductile Iron(Class
250)Water Line
Lin Ft
955
34.00
$32,470.00
14
8" PVC C900(Dr 14)or
Ductile Iron(Class
350)Water Line
Lin Ft
275
12.00
$3,300.00
15
Fire Hydrant Assembly
Each
1
1500
$1,500.00
3.00
$9,000.00
Pound
3000
16
Ductile Iron Fittings
2
1400
$2,800.00
17
8" x 8" Tapping
Sleeve and Valve
Each
18
8" Gate Valve
Each
2
550.00
$1,100.00
3500
$7,000.00
Each
2
19
18" Butterfly Valves
20
Excavation Safety
Lump
Sum
1
500.00
$500.00
1
500.00
$500.00
21
Reconnection of water
services
Each
TOTAL BASE BID
$80,050.00
As provided in paragraph 11.9 of the General Conditions estimated
quantities are not guaranteed, and determinations of actual
quantities and classifications are to be made by ENGINEER as
provided in paragraph 9.10 of the General Conditions. Unit
prices have been computed as provided in paragraph 11.9.2 of the
General Conditions.
Article 5, PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance
with Article 14 of the General Conditions or as modified in the
Supplementary Conditions. Applications for Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1.Progress Payments. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR'S
Applications for Payment as recommended by ENGINEER, on or
about the 1st day of each month during construction as
provided in paragraphs 5.1.1., 5.1.2, 5.1.3., and 5.1.4 below.
City of Fayetteville Page 00500-4
All such payments will be measured by the schedule of values
established in paragraph 2.9 of the General Conditions and
based on the number of units completed in the case of Unit
Price Work or, in the event there is no schedule of values, as
provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments
will be made in an amount equal to the percentage
indicated below, but, in case, less the aggregate of
payments previously made and less such amounts as
ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions.
90 percent of Work completed (with the balance of
10 percent being retainage), If Work has been 50
percent completed as determined by the ENGINEER,
and if the character and progress of the Work have
been satisfactory to OWNER and ENGINEER, OWNER, on
recommendation of ENGINEER, may determine that as
long as the character and progress of the Work
remain satisfactory to them, there will be no
additional retainage on account of work completed,
in which case the remaining progress payments prior
to Substantial Completion will be in an amount
equal to 100 percent of the Work completed.
100 percent of materials and equipment not
incorporated in the Work but delivered, suitably
stored, and accompanied by documentation
satisfactory to OWNER as provided in paragraph 14.7
of the General Conditions. That is, if any such
items are setup for that type payment in the
Specifications.
5.1.2. Upon Substantial Completion, in an amount
sufficient to increase total payments to CONTRACTOR to 98
percent of the Contract Price (with the balance of 2
percent being retainage), less such amounts as ENGINEER
shall determine, or OWNER may withhold, in accordance
with paragraph 14.7 of the General Conditions.
5.3 Final Payment. Upon final completion and acceptance of the
Work in accordance with paragraph 14.13 of the General
Conditions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINEER as provided in said paragraph
14.13.
City of Fayetteville Page 00500-5
•
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR
makes the following representations:
6.1 CONTRACTOR has examined and carefully studied the Contract
Documents (including the Addenda listed in Article 7) and the
other related data identified in the Bidding Documents
including "technical data."
6.2 CONTRACTOR has visited the site and become familiar with
and is satisfied as to the general, local, and site conditions
that may affect cost, progress, performance, or furnishing of
the Work.
6.3 CONTRACTOR is familiar with and is satisfied as to all
federal, state, and local Laws and Regulations that may affect
cost, progress, performance, and furnishing of the Work.
6.4 CONTRACTOR has carefully studied all reports of
explorations and tests of subsurface conditions at or
contiguous to the site and all drawings of physical conditions
in or relating to existing surface or subsurface structures at
or contiguous to the site which have been identified in the
Supplementary Conditions as provided in paragraph 4.2.1 of the
General Conditions. CONTRACTOR accepts the determination set
forth in paragraph SC -4.2 of the Supplementary Conditions of
the extent of the "technical data" contained in such reports
and drawings upon which CONTRACTOR is entitled to rely as
provided in paragraph 4.2 of the General Conditions.
CONTRACTOR acknowledges that such reports and drawings are not
Contract Documents and may not be complete for CONTRACTOR's
purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do
not assume responsibility for the accuracy or completeness of
information and data shown or indicated in the Contract
Documents with respect to Underground Facilities at or
contiguous to the site. CONTRACTOR has obtained and carefully
studied (or assumes responsibility for having done so) all
such additional supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or
contiguous to the site or otherwise which may affect cost,
progress, performance, or furnishing of the Work or which
relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to the employed by
CONTRACTOR and safety precautions and programs incident
thereto. CONTRACTOR does not consider that any additional
City of Fayetteville Page 00500-6
examinations, investigations, explorations, tests, studies, or
data are necessary for the performance and furnishing of the
Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract
Documents.
6.5 CONTRACTOR is aware of the general nature of work to be
performed by OWNER and others at the site that relates to the
Work as indicated in the Contract Documents.
6.6 CONTRACTOR has correlated the information known to
CONTRACTOR, information and observations obtained from visits
to the site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract
Documents.
6.7 CONTRACTOR has given ENGINEER written notice of all
conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to
CONTRACTOR and the Contract Documents are generally sufficient
to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between
OWNER and CONTRACTOR concerning the Work consist of the following:
7.1 This Agreement (pages 1 to 10 , inclusive).
7.2 Performance and Payment Bonds, (Exhibits A and B
respectively).
7.3 Certificate of Insurance, (Exhibit C).
7.4 Documentation submitted by CONTRACTOR prior to Notice
of Award (Exhibit D).
7.5 General Conditions (pages 1 to 42, inclusive and
Exhibit GC -A pages 1 to 2, inclusive).
7.6 Supplementary Conditions (pages 1 to 17, inclusive).
7.7 Specifications consisting of Divisions 1 through 16 as
listed in table of contents thereof.
City of Fayetteville Page 00500-7
7.8 Addenda numbers A1, inclusive.
7.9 Drawings (not attached hereto) consisting of a cover
sheet and sheets numbered 1 through 3, inclusive with
each sheet bearing the following general title:
Water Line Relocation Gregg Avenue/Mud Creek
7.10 The following which may be delivered or issued after the
Effective Date of the Agreement and are not attached
hereto:
7.10.1 Notice to Proceed
7.10.2 All Written Amendments and other documents amending,
modifying or supplementing the Contract Documents
pursuant to paragraphs 3.5 and 3.6 of the General
Conditions.
The documents listed in paragraphs 7.2 et seq above are attached
to this Agreement (except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in
this Article 7. The Contract Documents may only be amended,
modified or supplemented as provided in paragraphs 3.5 and 3.6 of
the General Conditions.
Article 8. MISCELLANEOUS.
8.1. Terms used in the Agreement which are defined in Article
1 of the General Conditions will have the meanings indicated
in the General Conditions.
8.2. No assignment by a party hereto of any rights under or
interests in the Contract Documents will be binding on another
party hereto without the written consent of the party sought
to be bound; and, specifically but without limitation, moneys
that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to
an assignment no assignment will release or discharge the
assignor from any duty or responsibility under the Contract
Documents.
8.3. OWNER and CONTRACTOR each binds itself, it partners,
successors, assigns, and legal representatives to the other
party hereto, its partners, successors, assigns, and legal
City of Fayetteville Page 00500-8
•
•
•
representatives in respect to all covenants, agreements and
obligations contained in the Contract Documents.
8.4. Any provision or part of the Contract Documents held to
be void or unenforceable under any Law or Regulation shall be
deemed stricken and all remaining provisions shall continue to
be valid and binding upon stricken provision or part thereof
with a valid and enforceable provision that comes as close as
possible expressing the intention of the stricken provision.
City of Fayetteville Page 00500-9
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement
in quadruplicate. One counterpart each has been delivered to OWNER
and ENGINEER, and two counterparts have been delivered to
CONTRACTOR. All portions of the Contract Documents have been
signed, initialed, or identified by OWNER and CONTRACTOR or
identified by ENGINEER on their behalf.
This Agreement will be effective on 5/- 7— ib'
the Effective Date of the Agreement). PAL
CONTRACTOR : Ljncyy--zt / AL44.(r4‘1, j..1.
By. rZtaat' Pletsulp
Title
OWNER: City of Fayetteville
By:
Mayor
[CORPORATE SEAL]
Attest ;;fd 444 i4, o,
Address for giving notices
,19)7 (which is
[CORPORATE SEAL]
Attest
Address for giving notices
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.)
City of Fayetteville
(If CONTRACTOR is a
corporation, attach evidence
of authority to sign)
Page 00500-10
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AGENDA REQUEST
XxXX CONTRACT REVIEW
GRANT REVIEW
STAFF REVIEW FORM
For the Fayetteville's City Mayor's signature.
Res. 37- 93
chn ye a -n< /
5-7 `8
/_nj.
MICROFILMED
FROM:
Wayne Ledbetter Enaineerina
Name Division
ACTION REQUIRED: Approval of Change Order
of Waterline Relocation for Mud Creek Str.
in the amount of $ -10,285.00.
Public Works
Department
1 to the Contract for Construction
& Apprs. (S) with United Plumbing
COST TO CITY:
$ (10,285)
Cost of this Request
4470-9470-5817-00
Account Number
93078-0020
Project Number
$ 678,269
Category/Project Budget
$ 617,640
Funds Used To Date
$ 60,629
Remaining Balance
Mud Creek/Greaa Brid.
Category/Project Name
Brid. & Drain, Impr.
Program Name
Sales Tax
Fund
BUDGET REVIEW:
Budge
Coordinator
xxxx Budgeted Item
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
5-7-4
Acc
City Attor'ey
Purchasing Officer
STAFF RECOMMENDATION: Staff recommends that the Mayor approve the Change
Order with United Plumbing for Waterline Relocation for Mud Creek Str. &
Apprs. (S).
Date
GRANTING AGENCY:
A C•ordinator
/
1A/al
Ce3V
Date
5--7-9%
Date
nal Auditor
Date
Date
Division Head
G J )epartment Director
I v
Mayor
Date
S-8
Date
Date
5 qt
D to
Cross Reference
New Item' Yes
Prey Ord/Res #:
Orig Contract Date:
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Mayor Fred Hanna
Thru: Kevin Crosson, Public Works Director
Charles Venable, Assistant Public Works Director
Don Bunn, City Engineer
From: Wayne Ledbetter, Engineeringpis
Date May 7, 1998
RE Water Line Relocation for Mud Creek Str. & Apprs.(S)
This project replaces a portion of an existing eight (8) inch sand cast water line. The new water
line will be located on the eastern side of Gregg Avenue and will be up sized. There is
approximately 955 feet of the new larger line with eight (8) inch crossings that connect back to
the existing line.
After some deliberation, it has been determined that the original replacement line intended to be
an eighteen (18) inch could, in fact, be a twelve (12) inch diameter line. The changes from the
Orignial Plans are as follows:
Change Order No. I will delete 955 linear feet of eighteen (18) inch water line and two (2)
eighteen (18) inch butterfly valves. It will add 955 linear feet of twelve (12) inch water
line and two (2) twelve (12) inch butterfly valves.
$ 92,050.00 was budgeted for the construction contract with United Plumbing. The original bid
was $ 80,050.00 with a contingency of $ 12,000.00. This change order will revise the contract
amount to $ 69,765.00
Staff Recommendation. The Staff recommends that the Mayor approve this Change Order to
the construction contract with United Plumbing for the construction of Water Line relocation for
Mud Creek Str. & Apprs. (S). This amount is ($ 10,285.00).
CHANGE ORDER
(Instructions on reverse side)
No 1
PROJECT Water Line Relocation for
Mud Creek STR & APPRS.(S)
DATE OF ISSUANCE 5-5-9$ EFFECTIVE DATE
OWNER City of Fayetteville
OWNER's Contract No.
• Bid #98.-14
CONTRACTOR ...United.Plvrobfng,..LLC.. ENGINEER ....City.. af..Faye.ttev.i 1e
You are directed to make the following changes in the Contract Documents:"
Description:
Revising size and type of water line and butterfly valve
Reason for Change Order: Owner preferred
Attachments: (List documents supporting change) See Attached
CHANGE IN CONTRACT PRICE:
Original Contract Price
$ 80, 050.00
CHANGE IN CONTRACT TIMES:
Original Contract Times
Substantial Completion 40
Ready for final payment: 70
days or dates
Net changes from previous Change Orders No. to No
Net change from previous Change Orders No. to No
__ _
$ N/A
_
N/A
days
Contract Price prior to this Change Order.
80 OSO.00
$ '
Contract Times prior to this Change Order
Substantial Completion. 40
Ready for final paymertr 70
dap or dates
Net Increase (decrease) of this Change Older
$ (10,2R5 00)
Net Increase (decrease) of this Change Order
10
days
Contract Price with all approved Change Orders
$ 69 765 00
Contract Times with all approved Change Orders
Substantial Completion: 50
Ready lc; final payment: 80
days or dates
RECOMMENDED:
By:
Engines (Au
Date• Jfr V Date:
EJCDC No. 1910-8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
ACCEPTED:
By 7--Vc mhorized wore)
Date: s/7/gp
FAYETTEVILLE-
THE
AYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
May 7, 1998
Mr. Terry Krug, Member Manager
United Plumbing, L.L.C.
P.O. Box 67
Tontitown, AR 72770
RE. Water Line Relocation for Mud Creek Str. & Apprs. (S)
Fayetteville, Arkansas
Change Order No. 1
Dear Mr. Krug:
Please find enclosed revisions of the Plans for the above mentioned project. I respectfully request
that you review these and confirm your prices of the construction items not included in the
original quantities. These changes, which have been discussed with you, are as follows:
1. Item 13: Delete the 18" PVC C905 (DR 18) or Ductile Iron (Class 250) Water Line @
$ 34.00/ LF. The Plan quantity is 955 linear feet.
2. Item 19: Delete the 18" Butterfly Valves @ $ 3,500.00/ EA. There are two of these
items in the Plan quantity..
3. Item 13A: Provide 12" PVC C900 (DR 14) Water Line @ $ 27.00/LF. The Plan
quantity of 955 would be used.
4. Item 19A: Provide 12" Butterfly Valves @ $ 1,700/ EA. The Plan quantity of two (2)
would be used.
The changes in pay quantities are as follows:
No Item Unit Estimated Quantity
Original Revised
13 18" PVC C905 (DR 18) or Ductile LF 955 0
Iron (Class 250) Water Line
19 18" Butterfly Valves EA 2 0
13A 12" PVC C900 (DR 14) Water Line LF 0 955
19A 12" Butterfly Valves EA 0 2
113 WEST MOUNTAIN 72701 501-521-7700
FAX 501-5754257
1
•
ore
Items 13 and 19 are in the "original " bid quantities. Items 13A and 19A are new items that you
have quoted via fax.
The quantities and prices of items before the Change Order are as follows:
No. Item
Unit Price Estimated Total
($) Quantity ($)
13 18" PVC C905 (DR 18) or Ductile 34.00 955 32470.00
Iron (Class 250) Water Line
19 18" Butterfly Valves 3500 2 7000.00
ORIGINAL TOTAL $ 39,470.00
Price and quantities of items after the Change Order is as follows:
No. Item
Unit Price Revised Total
($) Quantity ($)
13A 12" PVC C900 (DR 14) Water Line 27.00 955 25785.00
19A 12" Butterfly Valves 1700 2 3400.00
REVISED TOTAL $ 29,185.00
The Net Change Order Amount = Revised Total - Original Total of the items enumerated above.
$ 29,185.00 - $ 39,470.00 = $ - 10.285.00
Please review this change order data and confirm by signing the accompanying EJCDC Change
Order. Find enclosed a copy of your price quotes for the new items. Thank you for your
cooperation regarding this matter. If you have any questions please contact this office at 501-
444-3417.
Sincerely,
Albert Wayne IbAt er, P.E.
Staff Engineer
Enclosures
cc: Don Bunn, P.E., City Engineer
File
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