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HomeMy WebLinkAbout115-02 RESOLUTION• • RESOLUTION NO. 115-02 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO BASIC CONSTRUCTION CO., INC. IN THE AMOUNT OF EIGHT HUNDRED TWENTY-FIVE THOUSAND NINE HUNDRED FORTY-SEVEN DOLLARS ($825,947.00) FOR THE GARLAND'AVENUE WATER/SEWER RELOCATION PROJECT; APPROVAL OF A 15.2% PROJECT CONTINGENCY IN THE AMOUNT OF ONE HUNDRED EIGHT THOUSAND NINE HUNDRED FIFTY-TWO DOLLARS ($108,952.00); AND A BUDGET ADJUSTMENT IN THE AMOUNT OF FOUR HUNDRED SEVENTY-FOUR THOUSAND SEVEN HUNDRED FIFTY-TWO DOLLARS ($474,752.00) FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards a construction contract to Basic Construction Co , Inc. in the amount of Eight Hundred Twenty -Five Thousand Nine Hundred Forty -Seven Dollars ($825,947.00) for the Garland Avenue Water/Sewer Relocation Project. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a 15.2% Project Contingency in the amount of One Hundred Eight Thousand Nine Hundred Fifty -Two Dollars ($108,952.00). Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Budget Adjustment in the amount of Four Hundred Seventy - Four Thousand Seven Hundred Fifty -Two Dollars ($474,752.00) for same. PASSED and APPROVED this 16th day of July, 2002. APPROVED: By: DAN COODY, Mayo NAME OF FILE: CROSS REFERENCE: Resolution No. 115-02 07/16/02 Resolution No. 115-02 07/19/02 Copy of the Construction Contract to Basic Construction Co., Inc. 07/16/02 Copy of the Budget Adjustment Form 07/19/02 Letter to Gary Combs, President, Basic Construction Company, Inc., from Ronald R. Hawkins, Hawkins -Weir Engineer, Inc. 07/16/02 Copy of letter to Sid Norbash from Ronald R. Hawkins, Hawkins -Weir Engineers, Inc. 07/15/02 Departmental Correspondence to Fayetteville City Council from Sid Norbash, Staff Engineer 01/17/01 Departmental Correspondence to Fayetteville City Council from Sid Norbash, Staff Engineer Copy of the Purchase Requisition ($716,995) 07/16/02 Staff Review Form 07/18/02 Memo to Sid Norbash, Engineering Division, from Heather Woodruff, City Clerk NOTES: r RESOLUTION NO. A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO BASIC CONSTRUCTION CO., INC. IN THE AMOUNT OF EIGHT HUNDRED TWENTY-FIVE THOUSAND NINE HUNDRED FORTY-SEVEN DOLLARS ($825,947.00) FOR THE GARLAND AVENUE WATER/SEWER RELOCATION PROJECT; APPROVAL OF A 15.2% PROJECT CONTINGENCY IN THE AMOUNT OF ONE HUNDRED EIGHT THOUSAND NINE HUNDRED FIFTY-TWO DOLLARS ($108,952.00); AND A BUDGET ADJUSTMENT IN THE AMOUNT OF FOUR HUNDRED SEVENTY-FOUR THOUSAND SEVEN HUNDRED FIFTY-TWO DOLLARS ($474,752.00) FOR SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards a construction contract to Basic Construction Co , Inc. in the amount of Eight Hundred Twenty -Five Thousand Nine Hundred Forty -Seven Dollars ($825,947.00) for the Garland Avenue Water/Sewer Relocation Project. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a 15.2% Project Contingency in the amount of One Hundred Eight Thousand Nine Hundred Fifty -Two Dollars ($108,952.00). Section 3. That the City Council of the City of Fayettevill hereby approves a Budget Adjustment in the amount of FourrH. dred Four Thousand Seven Hundred Fifty -Two Dollars ($474-C. :11 fair sam PASSED and APPROVED this 16th day .,;� July, 2002 TEST: 4ji9ODRUFF, City Clerk COODY, Mayor w City of Fayetteville, Arkansas Water and Sanitary Sewer Improvements Garland Avenue !MEI Job No. 00078A SECTION 00520 , COpy CONTRACT AGREEMENT 1 • THIS CONTRACT AND AGREEMENT, made and entered into this day of � , 20/7,g by and between the City of Fayetteville, Y Arkansas, as Party of the First Part, acting through its duly authonzed representative, and Basic Construction Company. Party of the Second Part. WITNESSETH: That for and in consideration of the payments to be made as hereinafter set forth, the Party of the Second Part hereby agrees to furnish all tools, labor, equipment, materials and supplies required to be furnished and to perform the work for Water and Sanitary Sewer Improvements, Garland Avenue, Fayetteville, Arkansas , in exact accordance with the Plans on file at the office of said Party of the First Part and Specifications, Proposals, Stipulations and Special Provisions attached hereto and made a part hereof as fully as though copied herein, under the direct supervision and to the entire satisfaction of the Party of the First Part and in accordance with the laws of the State of Arkansas . 2. It is further agreed and understood by and between the Parties hereunto that the Party of the First Part agrees to pay and the Party of the Second Part agrees to accept as full and final compensation for all work done or materials furnished under this agreement, the lump sum amount adjusted for variation of quantities at the unit prices named in the Bid which is hereto attached, such payment to be made m lawful money of the United States, at the time and in the manner set forth in the Specifications. , 3. The Party of the Second Part agrees for the consideration above expressed, to begin and complete the work within the time specified in the Proposal. If the Party of the Second Part shall fail to complete the work in the time specified he shall pay to the Party of the First Part, as liquidated damages, ascertained and agreed, and not m the nature of a penalty, the sums set forth in the Proposal, which shall be deducted from the final amount to be paid under this contract, provided that extensions of time with waiver of liquidated damages, may be granted as provided for in the Specifications. 4. The Party of the Second Part agrees to be responsible for repairs on any of the improvements covered herein due to faulty workmanship and/or materials for a period of one year beginning at the time of acceptance of the improvements by the City of Fayetteville. All improvements shall be made in conformance with Specifications and are subject to the approval of the City of Fayetteville. 5. The Party of the Second Part agrees, also to cany Public Liability Insurance, Property Damage Insurance and Workman's Compensation Insurance in amounts as required in these Specifications. 00078A\00520 -Basic 00520-1 Contract Agreement C A 8 City of Fayetteville, Arkansas Water and Sanitary Sewer Improvements Garland Avenue HWEI Job No. 00078A WITNESS OUR HANDS THIS / `f DAY OF 204,, WITNE$6% WITNESS: Affix 'orate Seal here Of any) 00078A100520 -Basic City of Fayetteville myae (Title) 113 West Mountain (Address) Fayetteville, Arkansas 72701 Basic Construction Company, Inc. die C..tt. tor) (Title) 1695 Electric Avenue (Address) Springdale, Arkansas 72764 END OF SECTION 00520-2 Contract Agreement CONTRACT THIS AGREEMENT, made and entered into the 16th day of July 2002 , by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and Basic Construction Company of the City of Springdale, AR , Party of the Second Part, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the Owner has called for bids for Garland Avenue Water and Sanitary Sewer Improvments as set out in the Plans and Specifications and approved by the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the Contractor is the lowest and best qualified bidder for the construction of said Improvements; NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Water and Sanitary Sewer Improvements nn Garland Avenue Bid No. 02-45 which shall be the adjustments and replacements of Water and Sewer facilities on Garland Avenue Fayetteville, Arkansas; including all Work required for a complete and acceptable installation, for the unit and lump sum prices bid in the Bid Proposal, all of which become and are a part of this Contract, the total sum thus being Seven Hundred Sixteen Thousand, Nine Hundred Ninety -Five and no/100 Dollars dollars ($ 716,995.00 ), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and totally complete all work within One Hundred Twenty(120) calendar days. 1 • • The Owner agrees to pay the`Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. As soon as is practicable after the first of each calendar month, and in accordance with the Contract Specifications, the Owner will make partial payments to the Contractor for work performed during the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Retainage shall be withheld from the partial payments as provided by Arkansas state laws by the Owner until final completion and acceptance by the Owner and Engineer. The Engineer shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, it any. Time is hereby expressly declared contract, and the time of beginning, completion of the work hereunder conditions hereof. to be of the essence of this manner of progress and time of shall be and are essential The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages the sum of Five Hundred dollars ($500 .00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner. would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled any to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by 2 fkiLl changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, in which event the Owner shall not be liable to the Contractor for any work theretofore performed, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should be surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the contract as its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. 3 • 07/18/2002 07:54 FAX 4797517850 07/15/2002 16:34 501-5751W ?1002 ENGINEERING C.O.• PAGE 05 IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. Witnesses* *If corporation, secretary should attest. Attest: Heather Woodruff, City Clerk CITY OF.FAYBTIEVILLE, ARKANSAS man Coady, Magor • End of Contract • d� 1mmintaterirm St It lett, or Errawy i w N • • City of Fayetteville, Arkansas Budget Adjustment Form Res. 115-02 Budget Year 2002 Department Public Works Division: Program: Engineering Water/Sewer Improvements Date Requested 07/16/2002 Adjustment # Project or Item Requested: $474,752 in the Garland Avenue - Water/Sewer Relocations capital project. Project or Item Deleted: $474,752 from the Mount Sequoyah W&S System Upgrade capital project. COPY Justification of this Increase: The funding is needed for a contract with Basic Construction to provide relocations for Garland Avenue. This project is necessitated due to the widening of Garland Avenue by the Arkansas Highway and Transportation Department. Justification of this Decrease: Currently, the Garland Avenue project is a higher priority than Mount Sequoyah. Account Name Increase Expense (Decrease Revenue) Amount Account Number Waterline Improvements 474,752 4470 9470 Project Number 5808 00 00018 1 Decrease Expense (Increase Revenue) Account Name Amount Waterline Improvements 474,752 Account Number 4470 9470 5808 Project Number 00 01023 1 Approval Signatures Department Director Date 7-t Date Date Date MayorDate Budget Office Use Only Type: A B C Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log E • r EltHAWKINS-WEIR ENGINEERS, INC. ENGINEERS CONSULTANTS July 19, 2002 Pr 07 Mr. Gary Combs, President Basic Construction Company, Inc. 1695 Electric Avenue Springdale, Arkansas 72764 Re: Garland Avenue Water and Sanitary Sewer Improvements City of Fayetteville, Arkansas HWEI Job No. 00078A Dear Mr. Combs: The Owner, The City of Fayetteville, Arkansas, has awarded the contract for the referenced project to Basic Construction Company, Inc., for the basic contract price of $716,995.00. Please find enclosed six (6) copies of the Contract Agreement for your execution. Sign and attach a copy of your performance and payment bond and insurance certificate with each. Please be advised that the statements "endeavor to" and "but failure to do so shall impose no obligation or liability of any kind upon the insurer, or its agents or representatives" in the cancellation clause of your insurance certificates should be stricken out or the certificate will not be accepted. They need to give 30 days written notice to the certificate holder. We have enclosed a copy of the bid documents as you submitted them for your use in preparing these documents. Please initial the two places marked on page 11 of the bid proposal indicating your approval of the correction to the bid total. Please do not to date any of these documents, as they will be dated when they have been reviewed, assembled and signed by the OWNER. The CONTRACTOR shall file the completed Performance and Payment Bond with the Circuit Court of the County where the work is to be performed prior to starting construction. This must take place after the documents have been dated. The CONTRACTOR shall provide a copy of the filed Bond with filing marks attached to the ENGINEER on or before the submittal of the first payment request. One additional Performance and Payment Bond form is attached for the purpose of filing and returning to the ENGINEER. The CONTRACTOR shall be responsible for all costs associated with filing. 00078a \ GCO7 1902 R I I. d oc P.O. BOX 648 • VAN BUREN, ARKANSAS 72957-0648 • FAX: (479) 474-8531 • PHONE (479) 474-1227 • www.hawkins-weir.com • • Mr. Gary Combs HWEI Job No. 00078A July 19, 2002 Page 2 The preconstruction conference will be held July 19, 2002, at 2:00 p.m. at the City of Fayetteville offices. If you have any questions or comments, please let me know. Very truly yours, HAWKINS-WEIR ENGIN ERS, INC. ,Z6 z Ronald R. Hawkins, P.E., R.L.S. RRH/krg Enclosures: 1) Six (6) Copies of Contract Documents for Schedule I 2) One (1) Additional Copy of Arkansas Performance and Payment Bond 3) One (1) Copy of Bid Documents cc: Mr. Sid Norbash 00078a\GC071902 R1I.doc Jul.16 '08 9:07 IIIICA FAX 720 B • COIEATANTS P. 1 HAWKINS-WEIR ENGINEERS, INC. July 16,2002 Mr. Sid Norbash City of Fayetteville Engineering Department 113 West Mountain Fayetteville, Arkansas 72701 Re: Garland Avenue Water and Sanitary Sewer improvements HWEI Job No. 00078A Dear Mr. Norbash: 7.11;1.7 JUL I b 202 a. Attached herewith is a copy of the certified bid tabulation from the bids received yesterday on the referenced project. Basic Construction Company, Inc. is the low bidder with a bid of $716,995.00. The bid they turned in showed an erroneous total of $718,215.00. I recommend the City award the contract to Basic Construction Company, Inc. in the amount of $716,995.00. If you have any questions or comments please advise. Very truly yours, HAWKINS-WEIR ENGJ$EERS, INC. Ronald R. Hawkins, P.E., R.L.S. RRH/krg Attachments: 1. Certified Bid Tabulation 0007Aa1SH071602RH.doc P.O. 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The purpose of this project is to relocate water and sewer mains in order to accommodate the widening and improvements, scheduled for Garland Ave. (Maple to North St.) by Arkansas State Highway and Transportation Department. Scope: Hawkins -Weir Engineers, Inc. Is the City's consulting engineer for this project, and has designed the adjustments to the water and sewer facilities affected by this Highway Project. Approximately 2880 feet of 12" water mains and appurtenances will be constructed along with some smaller water mains and certain sewer facilities. There will be a considerable improvement in fire protection for this area as a result of the new 12" water line and the addition of 13 fire hydrants included in this project. F 0 • • Mayor Coody Page 2 Status: The construction phase for this project was advertised and bids were received on June 25, 2002. The low bid exceeded the certified amount of funds for this project by more than 25%, and the state law requires that the project be re -bid. Since the funds for this project are limited, and even the low bid was considerably higher than our budgeted amount, per Mr. Greg Boettcher's directive the Staff and the consultant reviewed the plans to implement certain cost saving measures. The Staff requested and obtained approval from the Highway Department to open cut Garland Ave. For the proposed water and sewer line crossings. This item alone will provide cost savings of approximately $130,000. This project is being re -advertised at this time and the new bid opening day is set for July 15, 2002. The Highway Department has awarded the street improvements contract to Mobley Contractors, Inc., and the pre construction meeting has already been conducted. Therefore, due to the urgency of this matter the contract with the low bidder for the construction of this project will be presented to the Council at the meeting of July 16, 2002. Recommendations: Will be made by the Staff at the meeting of July 16, 2002. Funding: The CIP funding for this project uses Sales Tax fund and the Water and Sewer funds. The project has had an overall funding of $540,000, and to date land acquisitions and Engineering and other expenses have been charged to this project, resulting a balance of $371,033. SN/sn attachments: Vicinity Map • • aidalmonze WWI _ Tem _ J lie:3 a ir'pits ���,�a wGG are IIPN pro �.: i V.