HomeMy WebLinkAbout65-99 RESOLUTION•
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RESOLUTION NO 6 s - q 9
A RESOLUTION AWARDING BID NO. 99-38 IN THE AMOUNT
OF $31,306, PLUS A CONTINGENCY AMOUNT OF $ 6,194, TO
TOMLINSON ASPHALT CO., INC., FOR TREE AND SHRUB
REMOVAL WITH EROSION CONTROL AT THE RESEARCH
AND TECHNOLOGY PARK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS*
Section 1. That the City Council hereby awards Bid No. 99-38 in the amount of $31,306,
plus a contingency amount of $ 6,194, to Tomlinson Asphalt Co., Inc., for tree and shrub removal
services, with erosion control, at the Research and Technology Park; and authorizes the Mayor and
City Clerk to execute an agreement for said amount. A copy of the agreement is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this AL day of May , 1999.
APPROVED:
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%, °.� r r>• zts iFred Hanna, Mayor
Heather Woodruff, City C
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Wayne Ledbetter, Engineering
From: Heather Woodruff, City Clerk
Date: May 24, 1999
Attached is a copy of the resolution awarding the contract for tree and shurb removal with
Tomlinson Asphalt your records. The original will be microfilmed and filed with the city clerk.
cc. Internal Auditor
file
STAFF REVIEW FORM
XXXX AGENDA REQUEST
XXXX CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of May
4, 1999
FROM:
Wayne Ledbetter (GUj� Engineering
Name Division
ACTION REQUIRED: Approval of the contract for
Tree and Shrub Removal w/Erosion Control with
the amount of $ 31,306.00 plus a contingency
$ 37,500.00.
COST TO CITY:
$ 37,500 $ 105,550
Public Works
Department
Research and Technology Park
Tomlinson Asphalt Co. Inc,in
of 19.8%($ 6,194.00) totaling
Cost of this Request Category/Project Budget
1010-6600-5314-00
$ 92
Account Number Funds Used To
95075 $ 105,458
Date
Project Number Remaining Balance
Research & Tech Park
Category/Project Name
Other Capital
Program Name
General Fund
Fund
ET REVIEW:
XXXX Budgeted
Budget Coordinator
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
114,t2&�,�'`'l tntti✓ `1 /-9 f
Accot}fi ir4¢ .,er Date
CiSy At o ey
?2q
Date In.=rnal Auditor
4 -aa qci
GRANTING AGENCY:
Purchasing Officer Date
Da�
Date
STAFF RECOMMENDATION: Staff recommends that the Council approve
contract with Tomlinson Asphalt Co. Inc., for Research and Technology
Tree and Shrub Removal w/Erosion Control.
ar 'ment lirector
AHministrative ServicesDirector
4,1999
Date
Dateat
R
4%1h
Date
Date
Cross Reference
New Item • Yes
Prev Ord/Res #:
Orig Contract Date:
the
Park
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Mayor Fred Hanna
Thru: Charles Venable, Public Works Director
Don Bunn, Assistant Pubhc Works Director
Jim Beavers, City Engineer
From: Wayne Ledbetter, Engineering
Date: April 13, 1999
RE: Research & Technology Park Tree and Shrub
Removal w/Erosion Control Contract
1. Existing conditions. The City owns approximately 300 acres in the Northwest portion of
Fayetteville and that property is designated the Research & Technology Park. The property
adjoins Shiloh on the south, Moore Lane on the west, Deane Solomon Rd. on the north, and
Truckers Lane on the east. This parcel is broken up into several pastures (some pastures are field,
some pastures are part field with trees and shrubs)
2. Proposed conditions. The Research & Technology Park will accommodate several sites for
technologically based industries. This area is planned for light industry yet still maintain a
aesthetically pleasing environment. In fact, this area is planned with a park preserve, a lake, and
other amenities that will be eye pleasing to the community. The first step in developing this area
is to plan and construct the main entrance. This will enable the City to display the lots and
provide access to the main portion of the Park. This entrance is planned as a boulevard. At
present, this site has a tremendous amount of small trees and shrubs that make survey work for
topographical contours very difficult to obtain. Therefore, we propose that this area be cleared
which will enable us to proceed with survey information needed for roadway design. The
landscape and tree administrator has visited the site and determined the trees that need to be
saved.
There is $105,458 left in the Other Capital Improvements for use in engineering and related items.
With a bid of $ 31,306.00 from Tomlinson Asphalt Co. Inc, and a requested contingency of
$ 6,194.00 (total being $ 37,500.00), the budget can cover this request. We are also requesting
that contingency monies that may possibly be needed be utilized by Mayoral approval.
3. Staff Recommendation. The Staff recommends that the Council the contract for Research
and Technology Park Tree and Shrub Removal w/Erosion Control with Tomlinson Asphalt Co.
Inc , relating to the engineering and surveying of the proposed boulevard. This amount is
$ 37,500.00 (contingency included).
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rage n
VW MIN FOR!
Description L'APZc&et,tc./✓'. »cbt,LC /z,- mac. Meeting Date 5-1-9Y
Conents:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Reference Canents:
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AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the 4 -ti, day of !Ty
in the year 1999 by and between the City of Fayet eville,
Arkansas (hereinafter called OWNER) and Tomlinson Asphalt
Company 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 - Research and Technology Park Tree and Shrub Removal
w/Erosion Control
Clearing and grubbing of approximately 8.5 acres trees and
shrubs, providing approximately 5 acres of seeding and
mulching, constructing some erosion control, 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 15
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 40 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 One hundred dollars
($100.00) 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
One hundred dollars ($100.00) 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
Acre
8.5
2000.00
$17,000.00
2
Site Preparation
Lump
Sum
1
1000
$1,000.00
3
Seeding and Mulching
Acre
5
660.00
$3,300.00
4
Silt Fence (E-4)
Lin Ft
1500
2.50
$3,750.00
5
Stone Rip Rap
Ton
15
25.00
$375.00
6
Tree Protection Fence
Lin Ft
300
1.00
$300.00
7
Straw Bales (E-4)
Each
200
8.00
$1,600.00
8
Common Excavation
Cu Yd
200
12.40
$2,480.00
9
Top Soil
Cu Yd
100
15.00
$1,500.00
10
Excavation Safety
Lump
Sum
1
1.00
$1.00
TOTAL BASE BID
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$31,306.00
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.
City of Fayetteville
Page 00500-3
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.
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.
City of Fayetteville Page 00500-4
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.
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
City of Fayetteville Page 00500-5
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
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 9 inclusive).
7.2 Performance and Payment Bonds, (Exhibits A and B
respectively).
City of Fayetteville Page 00500-6
7.3 Certificate 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 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 Al, inclusive.
7.9 Drawings (not attached hereto) consisting of a cover
sheet and sheets numbered 1 through 5, inclusive with
each sheet bearing the following general title:
Research and Technology Park Tree and Shrub Removal
with Erosion
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
City of Fayetteville Page 00500-7
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
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 00500-8
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 onO 4 --An ,1999 (which is
the Effective Date of the Agreement). U
CONTRACTOR -7/7/
/ S01 i / v'
By: 'LS//RitiZe-
OWNER: City of Fayetteville
By:
t -P eoc
1
[CORPORATE SEAL]
,.
Attest
•l
• / '1:
' ia%�� lL/tiyly'
[CORPORATE SEAL]
6//1'71
Attest/k& 411it -17)-}44/%71-042-
Address
fr "",,[Q42 -
Address for giving notices Address for giving notices
(If OWNER is a public body, attach License No.i9evia9ya799
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.)
(If CONTRACTOR is a
corporation, attach evidence
of authority to sign)
City of Fayetteville Page 00500-9
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BID TABULATION
Research & Technology Park Tree & Shrub Removal w/Erosion Control
FAYETTEVILLE, ARKANSAS
CONTRACTOR BID AMOUNT
Tomlinson Asphalt Co. $ 31,306.00
McClinton Anchor $ 39,710.00
Red Deer Construction $ 39,955.00
Sweetser Construction $ 40,156.00
John Marinoni Const. $ 42,750.00
Keith Austin Const. $ 58,450.00
Tomlinson Asphalt Co.'s low bid of $ 31,306.00 was lower than the Engineer's estimate.
NOTICE OF SELECTION
TO: Tomlinson Asphalt Company, Inc.
1411 W. Van Asche
Fayetteville, AR 72704
PROJECT DESCRIPTION: Research and Technology Park Tree and Shrub Removal with Erosion
Control
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:
Thirty-One Thousand, Three Hundred Six and No/100 Dollars ( $ 31,306.00)
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 20th
day of Ai ril
,
1999.
FAYETTEVILLE�CITY
r• hOSP
G
Y
C.
%ENGINE
Albert Wa Le: better
Title Staff
Engineer
ACCEPTANCE
OF NOTICE
Receipt of
�/zS�,h
the above NOTIICCEOF
WARD is hereby acknowledged
/�4
by
Z%�r
this the p S7 day 4/11 , 199 9
BY 6�'�/7
-r---Xda/l i
Title Oze&zii,,.1"
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VICINITY MAP
RESEARCH AND
TECHNOLOGY PARK
TREE AND SHRUB REMOVAL
WITH EROSION CONTROL
FAYETTEVILLE, ARKANSAS