HomeMy WebLinkAbout63-99 RESOLUTION•
RESOLUTION NO, 63-99
A RESOLUTION AWARDING BID NO. 99-13 IN THE AMOUNT
OF $58,575, PLUS A CONTINGENCY AMOUNT OF $11,715
(20%), TO JERRY D. SWEETSER, INC., FOR ASSEMBLY ROAD
STORM DRAINAGE IMPROVEMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby awards Bid No. 99-13 in the amount of $58,575,
plus a contingency amount of $11,715 (20%), to Jerry D. Sweetser, Inc., for Assembly Road storm
drainage improvements. A copy of the bid tabulation is attached hereto marked Exhibit "A" and
made a part hereof.
PASSED AND APPROVED this AL day of May , 1999.
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ANTES*:
By.
Heather Woodruff, Cityi;Y erk
APPROVED:
By.
Fred Hanna, Mayor
ENGI,O E S Esq m .
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EXHIBIT B
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the `The- day of
in the year 1999 by and between the City of Fayet eville,
Arkansas (hereinafter called OWNER) and Jerry D. Sweetser, Inc,
(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 - Assembly Road Storm Drainage Improvements
Demolition of existing concrete driveway and drainage
structures (pipe and box culvert), various trees and other
miscellaneous items; construction of reinforced concrete box
culvert with wingwalls and associated earthwork, base
material; construction of concrete driveway, concrete ditch
paving; construction of aggregate base course dirveway,
drainage ditches, stone rip -rap 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 30
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 60 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
(S200.00) 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 (5200.00) 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
3000.00
$3,000.00
2
Site Preparation
Lump
Sum
1
2500
$2,500.00
3
Common Excavation
Cu Yd
130
16.00
$2,080.00
4
Rock Excavation
Cu Yd
15
225.00
$3,375.00
5
Undercut and Backfill
Cu Yd
20
16.00
$320.00
6
Aggregate Base
Course(under ditch
paving, pavement, box
culvert)
Tons
50
16.00
$800.00
7
Concrete Ditch Paving
Sq Yd
25
32.00
$800.00
8
Silt Fence (E-4)
Lin Ft
100
5.00
$500.00
9
Reinforced Box
Culvert w/headwall
and wingwalls
Cu Yd
51
470.00
$23,970.00
10
6" Aggregate Base
Course Driveway
Sq Yd
30
10.00
$300.00
11
5 Ft Bottom Earthern
Drainage Ditch
Lin Ft
55
30.00
$1,650.00
12
Stone Rip
Rap
Cu Yd
60
30.00
$1,800.00
City of Fayetteville
Page 00500-3
13
Earthern Drainage
Ditch (Sta 0+00 -
60+00)
Lin Ft
73
30.00
$2,190.00
14
Concrete Driveway
Sq Yd
30
32.00
$960.00
15
Guard Rail
Lin Ft
70
89.50
$6,265.00
16
Maintenance of
Traffic
Lump
Sum
1
3500.00
$3,500.00
17
Seeding and Mulching
Acre
0.15
4700.00
$705.00
18
Planting Trees
Each
2
250.00
$500.00
19
Transplanting Trees
Each
2
250.00
$500.00
20
Top Soil
Cu Yd
50
18.00
$900.00
21
Relocate Water
Service (under
structure)
Each
1
500.00
$500.00
22
Relocate Sewer
Service (under
structure)
Each
1
500.00
$500.00
23
Adjust Manhole to
Grade
Each
1
300.00
$300.00
24
Straw Bales (E-1)
Each
16
10.00
$160.00
25
Excavation Safety
Lump
Sum
1
500.00
$500.00
TOTAL BASE BID
■
$58,575.00
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
City of Fayetteville Page 00500-4
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.
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
City of Fayetteville Page 00500-5
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.
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
City of Fayetteville Page 00500-6
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
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
City of Fayetteville Page 00500-7
of Selection (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 16,inclusive).
7.7 Specifications consisting of Divisions 1 through 16 as
listed in table of contents thereof.
7.8 Addenda numbers .N/A inclusive.
7.9 Drawings (not attached hereto) consisting of a cover
sheet and sheets numbered 1 through 6, inclusive with
each sheet bearing the following general title:
Assembly Road Storm Drainage Improvements
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
City of Fayetteville Page 00500-8
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
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 ! 4 ,1999 (which is
the Effective Date of the Agreement).
JERRY D. SWEETSER, INC
OWNER: City of Fayetteville CONTRACTOR:
By:
Mayor
FAY
•1. ‘.
• o • ♦ `LCOPPORATE SEAL] [CORPORATE SEAL]
i r ee,�'•
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By:
PRESIDENT
Title
Address for giving notices
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
WILLIAM G. SWEETSER
(If CONTRACTOR is a
corporation, attach evidence
of authority to sign)
Page 00500-10
•
STAFF REVIEW FORM
XXXX AGENDA REQUEST
XXXX CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of May
FROM:
Wayne Ledbetter/,(/u/0 ` Engineering
,EtS e,3-99
4. MrcRDEIlMED
Public Works
Department
Storm Drainage
58,575.00 plus
Name Division
ACTION REQUIRED: Approval of the contract for Assembly Road
Improvements with Jerry D. Sweetser, Inc.,in the amount of $
a contingency of 20.0%($ 11,715.00) totaling $ 70,290.00.
COST TO CITY:
S 70/290
Cost of this Request
4470-9470-5817-00
Account Number
97041
Project Number
$ 127,140 Misc. Drainage Imor.
Category/Project Budget Category/Project Name
$ 250 Bridge & Drainage
Funds Used To Date Program Name
$ 126 890 Sales Tax
Remaining Balance Fund
BUDGET
XXXX Budgeted Item Budget Adjustment Attached
Budget Coordinator
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW':/ Gf
Accor Date AD Coorina
dt
GRANTING AGENCY:
City Atka
1ALOS2
Purchasing Officer
V- 22 5
Date
-a3-9
Date
l/�L� Si �4
I
ernal Auditor eon i3 404I-
Date
Date
STAFF RECOMMENDATION:
contract with Jerry
Improvements.
Staff recommends that the Council approve the
D. Sweetser,Inc., for Assembly Road Storm Drainage
Administrative
e Services Director
May r
��1 Date Cross Reference
`� Zf-fC New Item: Yes
Date
Prey Ord/Res #:
Date
Date
Orig Contract Date:
•
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fayetteville City Council
Thru: Mayor Fred Hanna
Charles Venable, Public Works Director
Don Bunn, Assistant Public Wor vector
Jim Beavers, City Engineer//tJ '44415
From: Wayne Ledbetter, Engineering
Date: April 21, 1999
RE• Assembly Road Storm Drainage Improvements
Construction Contract with Jerry D. Sweetser
1. Existing Conditions. Assembly Road from the intersection of Fallin to Mission Blvd. is a
two-lane asphalt street with shoulders and open ditches. Approximately a year ago we finished the
Trust Street project that has outfall drainage that converges at Fallin and Assembly. The drainage
portion of the project at Assembly and Fallin was improved to accommodate water from the
stormwater runoff from on site, as well as, the stormwater runoff that traversed through the site
from uphill.
2. Proposed conditions. These drainage improvements basically continue from where the Trust
Street project ended (Assembly and Fallin) to the intersection of Assembly and Mission
Boulevard. These improvements include providing new drainage structures, building drainage
ditches, and reconstructing the existing features that we will remove to provide these
improvements.
There is $ 126,890 left in the 1999 budget for miscellaneous drainage projects. With a
construction bid of $ 58,575 from Jerry D. Sweetser Inc. and a requested construction
contingency of $ 11,715 ( total being $ 70,290), this request will leave a remainder of $ 56,600
in that budget. We are requesting the contingency monies that may possibly be needed be
utilized by Mayoral approval.
3. Staff Recommendation. The Staff recommends that the Council approve the construction
contract with Jerry D. Sweetser Inc.and the project contingency.
•
Page 2
S?AR WIN POE
Description Elt2ein-n-lart GL db iAzetercefrigy v4/ Meeting Date 5/09
Conents:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
•
Reference Conents:
•
NOTICE OF SELECTION
TO: Jerry D. Sweetser, Inc.
590 w. Poplar
Fayetteville, AR 72703
PROJECT DESCRIPTION: Assembly Road Storm Drainage Improvements
The OWNER has considered the BID submitted by you for the above described WORK in
response to its Advertisement for Bids dated March 24 , 1999 and Instructions to Bidders.
You are hereby notified that your BID has been accepted in the amount of:
Fifty -Eight Thousand, Five Hundred Seventy -Five and No/100 Dollars ($ 58,575.00)
You are required by the Instructions to Bidders to execute the Contract and furnish the
required CONTRACTOR'S Performance BOND, Payment BOND, and certificates of insurance
within fifteen (15) calendar days from the date of this Notice to you.
If you fail to execute said Contract and to furnish said BONDS within fifteen (15) days from
the date of this Notice, said OWNER will be entitled to consider all your rights arising of your BID
BOND. The OWNER will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF SELECTION to the
OWNER.
Dated this 21th day of April , 1999.
FAYETTEVILLE CITY ENGINEERING
By
Albert Wayne Ledbetter
Title Staff Engineer
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF SELECTION hereby acknowledged
by
this the day of , 199
By
Title
ASSEMBLY ROAD
STORM DRAINAGE IMPROVEMENT
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NOTICE OF SELECTION
TO: Jerry D. Sweetser, Inc.
590 w. Poplar
Fayetteville, AR 72703
PROJECT DESCRIPTION: Assembly Road Storm Drainage Improvements
The OWNER has considered the BID submitted by you for the above described WORK in
response to its Advertisement for Bids dated
March
24
1999 and Instructions
to Bidders.
You are hereby notified that your
BID has been accepted in the amount
of:
Fifty-Eight Thousand, Five Hundred Seventy-Five and No/100 Dollars (S 58,575.00)
You are required by the Instructions to Bidders to execute the Contract and furnish the
required CONTRACTOR'S Performance BOND, Payment BOND, and certificates of insurance
within fifteen (15) calendar days from the date of this Notice to you.
If you fail to execute said Contract and to furnish said BONDS within fifteen (15) days from
the date of this Notice, said OWNER will be entitled to consider all your rights arising of your BID
BOND. The OWNER will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF SELECTION to the
OWNER
Dated this 21th
day of A iril
, 1999.
FAYETTEVILLE CITY ENGINEERING
By
Albert Wayne Ledbetter
Title Staff
Engineer
ACCEPTANCE OF
NOTICE
Receipt of the above NOTICE OF SELECTION hereby acknowledged
by
this the day of 199
By
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ASSEMBLY ROAD
STORM DRAINAGE IMPROVEMENT
FAYETTEVILLE, ARKANSAS