HomeMy WebLinkAbout186-02 RESOLUTION• 1
RESOLUTION NO. 186-02
A RESOLUTION APPROVING A CONTRACT WITH MERIT
ELECTRIC IN THE AMOUNT OF TWO HUNDRED FIFTY-SIX
THOUSAND DOLLARS ($256,000.00) FOR THE INSTALLATION
OF REPLACEMENT LIGHTING AT THE LAKE FAYETTEVILLE
SOFTBALL COMPLEX; A PROJECT CONTINGENCY IN THE
AMOUNT OF THIRTY-EIGHT THOUSAND FOUR HUNDRED
DOLLARS ($38,400.00); AND A BUDGET ADJUSTMENT IN THE
AMOUNT OF ONE HUNDRED FOUR THOUSAND EIGHT
HUNDRED FIVE DOLLARS ($104,805.00).
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 approves a contract with Merit Electric in the amount of Two Hundred
Fifty -Six Thousand Dollars ($256,000.00) for the installation of replacement
lighting at the Lake Fayetteville Softball Complex
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Project Contingency in the amount of Thirty -Eight Thousand
Four Hundred Dollars ($38,400.00).
Section 3. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Budget Adjustment in the amount of One Hundred Four
Thousand Eight Hundred Five Dollars ($104,805.00).
PASSED and APPROVED this 3rd day of December, 2002.
By: ;lam aid
HEATHER WOODRUFF, City/ erk
APPROVED:
By:
DAN COODY, Mayor
NAME OF FILE:
CROSS REFERENCE -
Item #
Date
•
Resolution No.186-02
Document
1
12/03/02
Resolution # 186-02
2
11/15/02
Staff review form
3
12/03/02
Budget adjustment
4
11/14/02
Purchase requisition
5
Agreement
6
12/09/02
Memo from Heather Woodruff, City Clerk to David Wright,
Parks and Recreation
NOTES:
STAFF REVIEW FORM
XX Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of: December 3, 2002
FROM:
David Wright
Name
•
Parks and Recreation Urban Development
Division Department
ACTION REQUIRED: Review and Approve Contract with Merit Electric for installation of new ballfield lighting at Lake
Fayetteville Softball Complex in the amount of $256,000 with a project contingency amount of $38,400 for a total cost of
$294,400, along with the approval of the needed budget adjustment.
COST TO CITY:
$294,400
Cost of this Request
aaStY eO-ssroroo
Account Number
01006 1
Project Number
0O 0
Catego /Project Budget
41015- 95"
Funds Used to Date
ffi9 1595
emking Balance
BUDGET REVIEW: 1Budgeted Item
Budget Manager
X Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
{tet_2 : U/o Z
Accounting Manager J Date
GRANTING AGENCY:
ADA Coordinator
Purchasing Officer Date
STAFF RECOMM DATION: Approve Contract
AleaAy ..-
D
ivision Head
Depart
Admi
Dir
or
rative Servi -s Director
Ma or
gem/
Of
ya2
Date
Date
/I —Ir -oz.
Datea
latD e
Lake Fay. Softball Complex Improv.
Category/Project Name
Park Improvements
Program Name
General
Park Development
Fund
Date
fibtdoa
Date
Cross Reference
New Item: X Yes No
Prev Ord/Res #:
Orig Contract Date:
•
Page 2
STAFF REVIEW FORM
Description Lake Fayetteville Softball Complex Lighting Meeting Date December 3, 2002
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
•
Budget Year
2002
City of Fayetteville, Arkansas
• Budget Adjustment Form
Department: Urban Development
Division: Parks & Recreation
Program: Parks Development / Sales Tax
Date Requested
12/3/2002
Adjustment Number
Project or Item Requested:
$104,805 is requested in the Lake Fayetteville Lighting
capital project.
Project or Item Deleted:
$37,400 from the Lewis/Asbell Athletic Complex
Improvements capital project.
$67,405 from the Lake Fayetteville Softball Improvements
capital project.
Justification of this Increase:
The additional funding is needed for the contract with Merit
Electric, Inc.
Justification of this Decrease:
The Lewis/Asbell Athletic Complex parking lot project was
deleted and had remaining funding.
Currently, this project has a lesser priority than the Lake
Fayetteville Lighting capital project.
Increase Expense (Decrease Revenue)
Account Name Account Number Amount Project Number
Park improvements 4470 9470 5806 00
Park improvements 2250 9250 5806 00
37,400 01006 1
67,405 01006 1
Decrease Expense (Increase Revenue)
Account Name Account Number Amount Project Number
Building costs 4470 9470 5804 00
Park improvements 2250 9250 5806 00
37,400 01017 1
67 405 02043 1
(// equested By
Approval Signatures
Budget
anager
1
Dep• • -• Dtr t.
str LL
ervices recto
Admin
Mayor
Date
Date
OL
Date
lJ Q
t
Date
Budget & Research Use Only
Type: A B C () E
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Date Initial
Date Initial
Date Initial
Date Initial
4NM'03aa
Admin. Services Director: Budget Manager: Data Processin
Special Instructions:
CO
-.I
0)
CO
a
W
N
-�
Requester:
,Connie Edmonston
Z
a
a
m
N
N
Il Vendor#:
49980
CITY OF FAYETTEVILLE
Purchase Requisition
_.. _.. _ (nota purchase order)
SHIPPING/HANDLING
Light Project
#02-64 Lake Fayetteville Softball Complex
Description:
0
C
r
0)
E.
m
E<
N m
—I o
mz
Unit
of issue
me:
lectric, Inc.
p
N
9
$0.00
$0.00
f00.0s I
Extended
Cost
49
_N
»
0
oO
69
CO
J
A
0
o
b o
o
b o
0
O
0
O
0
0
b
2250-9250-5806.00
4470-9470-5806.00
Account Number:
*Requester's Employee#:
101
N
O
i
O
2
0
FOB Point:
Fayetteville, AR
Subtotal:
Tax: $0.00
TOTAL: $256,000.00
O{
0
0
0)
101006.1
ProjecuSubProject
Number:
Jjnsion
471
Divis�.or��jH,,eAad Approval: de
_i
co d
Cr
m
Z
0
N d
P.O. Number:
Requisition No.:
Expected Delivery Date:
Date:
11/14/02
5
co
0
2
Fixed
Asset #
•
•
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
TO:
THRU:
FROM:
DATE:
SUBJECT:
Background
•
Mayor Coody and City Council
Hugh Earnest, Urban Development Director 46(
Connie Edmonston, Parks and Recreation Superintendent
David Wright, Parks and Recreation Program Coordinator
November 14, 2002
Award of Bid #02-64 and Approval of Contract for Lake Fayetteville
Softball Lighting.
Lake Fayetteville Softball Complex, home of approximately 800 youth and adult softball games
per year, has been in dire need of new field lighting for many years. The current lighting fixtures
are the original fixtures installed when the facility was developed. National Safety Standards are
for Baseball/Softball Field lighting to have 50 footcandles in the infield and 30 in the outfield.
Current footcandle measurement at Lake Fayetteville is well below this standard. Green
Anderson was hired to evaluate the current status of the electrical wiring of the park, designing
the specifications and overseeing the project with the contractor The replacement of the light
poles, fixtures and electrical wiring will be the third step of renovations of this complex. The two
prior steps included the replacement of the fencing and playground.
Current Status
Bids were opened on November 13, 2002 at 2:OOpm. Two bids were received. Merit Electric
from Fayetteville, Arkansas, had the low bid for the project.
Recommendation
Parks and Recreation and Green Anderson have reviewed the bids and recommend the contract
be awarded to Merit Electric, in the amount of $256,000, plus a 15 percent contingency of
$38,400, for a total cost of $294,400. If you have any questions or need additional information,
please call me at 444-3481 or Connie Edmonston at 444-3473.
Attachments:
Bid Tabulation Sheet
Contract
• •
Section 00500
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR
THIS AGREEMENT is dated as of the _ day of in the year 2002 by and between the City
of Fayetteville, Arkansas and (hereinafter called CONTRACTOR).
The City of Fayetteville 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 generally consists of removal of existing light structures and providing and installing a
new sports lighting system for Lake Fayetteville Softball Complex, and all items indicated in the
Drawings and Specifications for the project.
Article 2. ENGINEER.
The Project has been designed by
Green Anderson Engineers, Inc.
2233 N. Green Acres Rd.
Fayetteville, AR 72703
who is hereinafter called ENGINEER and who is to act as the City of Fayetteville'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 shall be substantially completed within 40 working days after 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 50 working days after the date when the Contract Time commences to run.
City of Fayetteville 10/24/02 Agreement Page -1
• •
3.2. Liquidated Damages. The City of Fayetteville and CONTRACTOR recognize that time is of
the essence of the Agreement and that the City of Fayetteville 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 the City of
Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any such
proof, the City of Fayetteville and CONTRACTOR agree that as liquidated damages for delay
(but not as a penalty) CONTRACTOR shall pay the City of Fayetteville 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 the City of Fayetteville, CONTRACTOR shall pay the City of Fayetteville
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
The City of Fayetteville 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 Bid Form pursuant to paragraphs 4.1 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
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. The City of Fayetteville 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 and 5.1.2 below and SC -14.02. 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 the City of
Fayetteville may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the
General Conditions.
City of Fayetteville 10/24/02 Agreement Page -2
•
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 the City of
Fayetteville and ENGINEER, the City of Fayetteville, 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 the
City of Fayetteville as provided in 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 the City of Fayetteville
may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General
Conditions.
5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.07.B & C of the General Conditions, the City of Fayetteville 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 the City of Fayetteville 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
City of Fayetteville 10/24/02 Agreement Page -3
• •
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 the
City of Fayetteville 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 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 the City of
Fayetteville 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 famishing of the Work.
City of Fayetteville 10/24/02 Agreement Page -4
• •
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between the City of Fayetteville and
CONTRACTOR concerning the Work consist of the following:
7.1 Advertisement for Bids
7.2 Instructions to Bidders
7.3 Bid Form
7.4 Notice of Selection
7.5 This Agreement (pages 1 to 7 inclusive).
7.6 Performance and Payment Bonds, (Exhibits A and B respectively).
7.7 Certificates of Insurance, (Exhibit C).
7.8 Notice to Proceed (00550)
7.9 General Conditions (pages 1 to 42, inclusive).
7.10 Supplementary Conditions (pages 1 to 11 inclusive).
7.11 Specifications as listed in the table of contents.
7.12 Drawings as listed in the table of contents.
7.13 Addenda numbers _ to inclusive.
7.14 The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto:
7.15 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 not
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.
City of Fayetteville
10/24/02 Agreement Page -5
• •
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. The City of Fayetteville and CONTRACTOR each binds itself, its 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.
8.5. Changes, modifications, or amendments in scope, price, or fees to this contract shall not be
allowed without a prior formal contract amendment approved by the Mayor and the City Council
in advance of the change in scope, cost or fees.
8.6. Freedom of Information Act. City contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the CONTRACTOR will do
everything possible to provide the documents in a prompt and timely manner as prescribed in the
Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized
photocopying costs pursuant to the FOIA may be assessed for this compliance.
8.7. This contract will be interpreted and enforced according to the laws of the State of Arkansas.
City of Fayetteville 10/24/02 Agreement Page -6
IN WITNESS WHEREOF, •City of Fayetteville and CONTRACTS have signed this Agreement
in quadruplicate One counterpart each has been delivered to the City of Fayetteville and ENGINEER,
and two counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents
have been signed, initialed, or identified by the City of Fayetteville and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on , 2002 (which is the Effective Date of
the Agreement).
OWNER: City of Fayetteville
By:
Mayor
CONTRACTOR: MERIT ELECTRIC
By: PA.
PRESIDENT
Title
[CORPORATE SEAL]
* If a Corporation, attest by the Secretary.
License No. 0018940203
City of Fayetteville 10/24/02 Agreement Page -7
FAYETTEVILtE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: David Wright, Parks and Recreation
From: Heather Woodruff, City Clerk
Date: December 9, 2002
Attached is a copy of Resolution No. 186-02 approving a contract with Merit Electric in
the amount of $256,000.00 for the installation of replacement lightning at the Lake
Fayetteville Softball Complex. I am also returning two signed copies of the contract to
you.
The original resolution and original contract will be microfilmed and filed with the City
Clerk.
cc: Nancy Smith, Internal Auditor