HomeMy WebLinkAbout116-99 RESOLUTIONa.
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RESOLUTION NO 116-99
A RESOLUTION AWARDING BID NO. 99-22 FOR A
CONSTRUCTION CONTRACT TO MCCLINTON-ANCHOR IN
THE AMOUNT OF $658,900, PLUS A PROJECT CONTINGENCY
AMOUNT OF $98,835, FOR THE RUPPLE ROAD STREET AND
DRAINAGE IMPROVEMENT; AND APPROVAL OF A BUDGET
ADJUSTMENT IN THE AMOUNT OF $327,817.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby awards Bid No. 99-22 for a construction contract
to McClinton -Anchor in the amount of $658,900, plus a project contingency amount of $98,835, for
the Rupple Road street and drainage improvements; and authorizes the Mayor and City Clerk to
execute said contract A copy of the contract is attached hereto marked Exhibit "A" and made a
part hereof.
Section 2. The City Council hereby approves a budget adjustment in the amount of
$327,817 increasing Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 98032 20
decreasing Street Improvements, Acct. No. 4470 9470 5809 00, Project 96044 20. A copy of the
budget adjustment is attached hereto marked Exhibit "B" and made a part hereof.
ED AND APPROVED this Z day of September , 1999.
r���� 4C 1
ATTEST-:-
t
Heather Woodruff, City Cler
APPROVED:
iBy /
Fr d Hann
Hanna, Mayor
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EXHIBIT A
Section 00500
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the M day of V. in the year 1999 by and between the
City of Fayetteville, Arkansas (heremafter called OWNER) and Vllc Cl;n !sem - /0I,.ar (hereinafter
called 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 - Rupple Road Street & Drainage Improvements
Demolition of trees and shrubs, drainage structures, asphalt pavement and fences, wooden bollards
and other various items; construction of approximately 2200 LF of asphalt pavement with
associated earthwork and base material; construction of concrete curb and gutter, concrete
sidewalk, and concrete access ramps; construction of reinforced concrete retaining wall, reinforced
concrete pipe, drainage ditches and other drainage structures; construction of pavement markings,
signage 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
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities, and have the nghts and authority assigned to ENGINEER m the Contract Documents m
connection with completion of the Work in accordance with the Contract documents.
Article 3. CONTRACT TIME.
3.1. The Work shall be substantially completed within 220 calendar days after the date when the
Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and
completed and ready for final payment in accordance with paragraphs 14 07 B & C of the General
Conditions within 250 calendar days after the date when the Contract Time commences to run.
City of Fayetteville 07/12/99 Page 00500-1
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 ($200.001 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:
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
Item
No.
Item Description
Unit
Estimated
Quantity
Unit Price
Extended
Price
Total Base Bid Amount
City of Fayetteville
07/12/99
Page 00500-2
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As provided m paragraph 11.03 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 08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B 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 CONTRACTORS 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 and 5.1.2
below. All such payments will be measured by the schedule of values established in paragraph 2.07
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 paragraphs 14.02.B.5 & 14.02.D 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 m paragraphs 14.02.B.5 & 14.02.D 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 paragraphs 14.02.B.5 & 14.02.D of the General Conditions.
City of Fayetteville 07/12/99 Page 00500-3
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5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.07.B & C of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraphs 14.07 B & C.
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 4.02.A of the General Conditions.
CONTRACTOR accepts the determination set forth in paragraph SC -4.02 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 4.02 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 conceming 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 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.
City of Fayetteville 07/12/99 Page 00500-4
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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 wntten 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 _ , inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D).
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 15, inclusive).
7.7. Specifications consisting of Divisions 1 through 16 as listed in table of contents
thereof.
7.8. Addenda numbers _ to _, inclusive.
7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1
through 25, inclusive with each sheet bearing the following general title:
Rupple Road Street & Drainage Improvements
City of Fayetteville 07/12/99 Page 00500-5
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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 paragraph 3.04 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 paragraph 3.04 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 (imitation, moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect ofthis 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 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 07/12/99 Page 00500-6
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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 Se 2- ,1999 (which is the Effective Date of the Agreement).
OWNER: ity of Fayetteville CONTRACTOR:
Mayor
By:
Title
[CORPORATE SEAL] [CORPORATE SEAL]
Attest Attest
Address for giving notices Address for giving notices
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
License No.
Agent for service of process:
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
City of Fayetteville 07/12/99 Page 00500-7
STAFF REVIEW FORM
x AGENDA REQUEST
x CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of September 7. 1999
FROM:
Jim Beavers Engineering Public Works
j' ne Dlviginn Department
ACTION REQUIRED: Approval of :
1. The construction contract with McClinton -Anchor for the Rupple Road Street and Drainage Improvements
in the amount of $658,900.00.
2. A project contingency of 15% of the construction costs, $98,835.00. The total amount requested is
$757,735.00.
3. Approval of a budget adjustment in the amount of $327,817.00 to increase current available funding from
$429,918.00 to $757,735.00.
COST TO CITY:
$757,'735 $494.755 Rupple Road
Cost of this RequestCategory/Project Budget Category/Project Name
4470-9470-5809.00
Account Number
pr8Q32 9920
ProjectNumber
r64 837 Street/Drainage
Funds Used To Date '99 Program Name
$429,918
Sales tax
Remaining Balance Fund
BUDIET
x Budgeted Item
Budget Coordinator
udget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING A
Accoun
Ci ' [tome
1
Date
Date
Purchasing Officer
Date
i-19-99
Bao99
mal Auditor Date
ADA Coordinator
Date
STAFF RECOMMENDATION: Approval.
B-19-9 7
Date Cross Reference
Date
mmis,�0live ervices 1 [rector Date
a
Mayo
Date
New Item: Yesi. No_
Prev Ord/Res #:
Orig Contract Date:_
Page 2
STAFF REVIEW FORM
Description Rupple Road Street and Drainage Improvements Meeting Date September 7. 1999
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor
Thu: Charles Venable, Public Works Director
Contract Review
From: Jim Beavers, City Engineer
Date: August 19, 1999
Re: Agenda Request, Council Meeting of September 7, 1999
Approval of :
1. The construction contract with McClinton -Anchor for the Rupple Road Street and Drainage
Improvements in the amount of $658,900.00.
2. A project contingency of 15% of the construction costs, $98,835.00. The total amount
requested is $757,735.00.
3. Approval of a budget adjustment in the amount of $327,817.00 to increase current available
funding from $429,918.00 to $757,735.00.
Bids for the Rupple Road Street and Drainage improvements north from Mount Comfort Road were
opened August 13, 1999. Bids ranged from $942,440.14 to $658,900.00.
The qualified low bidder was McClinton -Anchor at $658,900.00 (under the engineer's estimate).
Please refer to the attached bid tabulation for information on the four bids received.
The 1999 project budget for the Rupple Road Improvements is $494,755.00. To date (1999) $64,837
has been used leaving a balance of $429,918.00.
Page 1 of 2
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The amount requested for Rupple Road is $757,735.00. A budget adjustment in the amount of
$327,817.00 is requested.
enclosures.
1. Vicinity map.
2. Bid tabulation summary.
2. Copy of bid schedule and contract. Originals for signature are being prepared.
Page 2 of 2
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City of Fayetteville, Arkansas
Budget Adjustment Form
EXHIBIT �3
Budget Year
1999
Department: Sales Tax Capital Improvement Fund
Division:
Program:
Date Requested
08/19/99
Adjustment #
Project or Item Requested:
Additional funding is requested to fund the construction contract
for Rupple Road.
Project or Item Deleted:
Approximately 40% of 6th Street Extension Project funding is
proposed for this adjustment.
Justification of this Increase:
The low bid was in excess of the funds budgeted.
Justification of this Decrease:
The 6th Street Extension Project will be rescheduled to early 2000.
Increase Expense (Decrease Revenue)
Account Name Amount Account Number Project Number
327,817 4470 9470 5809 00 98032 20
Street Improvements
Decrease Expense (Increase Revenue)
Account Name Amount Account Number Project Number
Street Improvements
327,817 4470 9470
5809 00 96044 20
Approval Signatures
min ervice
Ma or
Date
6 -z0-€4
Date
LU W7qC))
Date
Date
Budget Office Use Only
Type: A B C
Date of Appra
Posted to Gent //Z egg
Posted to Projt
Entered in Catc .,., tug
E
Blue Copy: Budget & Research / Yellow Copy: Requester DADATA\99BUDGETBUDGTADARPPLE BA.WK4
•
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STAFF REVIEW FORM
x AGENDA REQUEST
x CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of September 7. 1999
•
RECEIVEo
AUG 1c41999
FROM:
Jim Beavers
Engineering
Name Dtvisinn
wry VGlaP4§—i S{: -•y.`
Public Works
ACTION REQUIRED: Approval of :
Department
1. The construction contract with McClinton -Anchor for the Rupple Road Street and Drainage Improvements
in the amount of $658,900.00.
2. A project contingency of 15% of the construction costs, $98,835.00. The total amount requested is
$757,735.00.
3. Approval of a budget adjustment in the amount of $327,817.00 to increase current available funding from
$429,918.00 to $757,735.00.
COST TO CITY:
$757 735
Cost Of this Request
4470-9470-5809.00
Account Number
98032-102Q
Project umber
$494.755
Category/Project Budget
$64 837
Funds Used To Date '99
Rupple Road
Category/Project Name
Street/Drainage
Program Name
$429,918 Sales tax
Remaining Balance Fund
BUDGET REVIEW
x Budgeted Item
Budget Coordinator
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW GRANTING AGENCY:
Accounting Manager
City Attorney
Purchasing Officer
Date
Date
Date
Internal Auditor Date
ADA Coordinator Date
STAFF RECOMMENDATION: Approval.
Division Head
Department Director
Date
Date
Administrative Services Director
Date
Mayor
Date
Cross Reference
New Item: Yes x No_
Prev Ord/Res #:
Orig Contract Date:
•
•
STAFF REVIEW FORM
Description Rupple Road Street and Drainage Improvements
Comments: Reference Comments:
•
Page 2
CCPV
Meeting Date September 7, 1999
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor
Thru: Charles Venable, Public Works Director
Contract Review
From: Jim Beavers, City Engineer
Date: August 19, 1999
Re: Agenda Request, Council Meeting of September 7, 1999
Approval of :
1. The construction contract with McClinton -Anchor for the Rupple Road Street and Drainage
Improvements in the amount of $658,900.00.
2. A project contingency of 15% of the construction costs, $98,835.00. The total amount
requested is $757,735.00.
3. Approval of a budget adjustment in the amount of $327,817.00 to increase current available
funding from $429,918.00 to $757,735.00.
Bids for the Rupple Road Street and Drainage improvements north from Mount Comfort Road were
opened August 13, 1999. Bids ranged from $942,440.14 to $658,900.00.
The qualified low bidder was McClinton -Anchor at $658,900.00 (under the engineer's estimate).
Please refer to the attached bid tabulation for information on the four bids received.
The 1999 project budget for the Rupple Road Improvements is $494,755.00. To date (1999) $64,837
has been used leaving a balance of $429,918.00.
Page 1 of 2
•
PY
The amount requested for Rupple Road is $757,735.00. A budget adjustment in the amount
$327,817.00 is requested.
enclosures:
1. Vicinity map.
2. Bid tabulation summary.
2. Copy of bid schedule and contract. Originals for signature are being prepared.
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