HomeMy WebLinkAbout187-02 RESOLUTIONRESOLUTION NO. 187-02
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO
RED DEER, INC. IN THE AMOUNT OF SEVEN HUNDRED FIFTY-
THREE THOUSAND NINE HUNDRED TWENTY DOLLARS AND
FORTY CENTS ($753,920.40) TO CONSTRUCT A PORTION OF
RUPPLE ROAD SOUTH FROM ITS INTERSECTION WITH
WEDINGTON DRIVE TO THE SITE OF THE DONALD W.
REYNOLDS BOYS AND GIRLS CLUB; APPROVING A PROJECT
CONTINGENCY IN THE AMOUNT OF ONE HUNDRED
THIRTEEN THOUSAND EIGHTY DOLLARS AND SIXTY CENTS
($113,080.60); AND APPROVING A BUDGET ADJUSTMENT IN THE
AMOUNT OF THIRTY-SEVEN THOUSAND SIXTY-NINE DOLLARS
($37,069.00).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS.
Section 1. That the City Council hereby awards a construction contract to Red
Deer, Inc. in the amount of Seven Hundred Fifty -Three Thousand Nine Hundred
Twenty Dollars and Forty Cents ($753,920.40) to construct a portion of Rupple Road
south from its intersection with Wedington Drive to the site of the Donald W.
Reynolds Boys and Girls Club
Section 2. That the City Council hereby approves a project contingency in the
amount of One Hundred Thirteen Thousand Eighty Dollars and Sixty Cents
($113,080.60).
Section 3. That the City Council hereby authorizes the Mayor to sign such a
contract with Red Deer, Inc.
Section 4. That the City Council hereby approves a Budget Adjustment in the
amount of Thirty -Seven Thousand Sixty -Nine Dollars ($37,069.00).
PASSED and APPROVED this 3rd day of December, 2002.
r
By: /a //�r-�:u/%
(HEATHER WOODRUFF, Ci Clerk
APPROVED:
By
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
•
Resolution No.187-02
Document
•
1
12/03/02
Resolution # 187-02
2
11/26/02
Staff review form
3
11/22/02
Purchase requisition
4
11/22/02
Memo from Ron Petrie, Staff Engineer to Dan Coody, Mayor
5
Agreement
6
12/09/02
Memo from Heather Woodruff, City Clerk to Ron Petrie,
Engineering
NOTES:
STAFF REVIEW FORM
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: December 3, 2002
FROM:
Ron Petrie Engineering Public Works
Name
Division Department
ACTION REQUIRED: 1. Approval of a resolution awarding the construction contract in the amount of
$753,920.40 with Red Deer, Inc. for the construction of Rupple Road from Wedington Drive to the Donald W.
Reynolds Boys & Girls Club. 2. Approval of a project contingency of $113,080.60 (15%) for project needs
including material testing, street light installation by Ozarks Electric, in-house inspection & management,
variations in final quantities, .... 3. Approval of the attached budget adjustment.
COST TO CITY:
$867,000.00
Cost of this request
4470.9470.5809.00
Account Number
02020-010
Project Number
(Escrow) $100,000.00
$ 750,000.00
Category/Project Budget
$
20,069.00
Funds Used to Date
$
829,931.00
Remaining Balance
Rupple Road
Program Category / Project Name
Street Improvements
Program / Project Category Name
Sales Tax Capital Improvement
Fund Name
EUDGI
VIEW
Budget'Mana
X Budgeted Item
J/ 22 az—
Date —
Date
X Budget Adjustment Attached
Administrative Services Director
Date
CONTRACT/GRANT/LEASE REVIEW:
1� lku sha 47
Accounting Manager
City Attojney
GRANTING AGENCY:
1 -174 -(22 --Dae
11 /z 014,
II ^^ ^^nn Date ADA Coordinator Date
LIAO
Intbrnal A ditor
I (/LZ/0Y
Date
Purchasing Manager
Date Grant Coordinator Date
STAFF RECOMMENDATION: Staff recommends approval of the actions listed above.
z -.&coves
Division Head
Depart
nt Dir- tor
Adminid
tive Seevces Director
Mayor
/1/zx1ez
Date
Date
072—
D to
Date
Cross
Reference
New
Item:
Yes No
Previous Ord/Res#:
Orig. Contract Date
Orig. Contract Number
410 411
Staff Review Form - Page 2
Description Rupple Road South Street & Drainage Improvements Meeting Date December 3, 2002
Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
kA . b.A.Fn &c• 1A-bkz 11 , AA -b Q
05ivs�N�
ADA Coordinator
Internal Auditor
Ao Pur 22-3u 1S, -Fr ov.
Grants Coordinator
Reference Comments:
airaeauo Tu:pc-st
Approvals: (kkpmelig exw obi
Mayor. Department Director. Purchasing Manager.
Admin. Services Director. Budget Coordinator. Data Processing Mgr.
Requester.
` Ron Petrie
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endor#: Vendor Name:
04213 _ RED DEER, INC.
ress: FOB Point:
PO Box 691
Purchase Requisltlon
•
(not • wrcloo order)
CSHIPPINGJHANDUNG
-
ConstruEtiori Contract T&rRtipple
Road from Wedinaton Drive to the
Donald W. Reynolds Boys & Girls C1
2
N
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-
PLEASE RETURN PO TO ENGINEERING
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Zip:
72765-0691
•
4470-9470-5809.00
'Requesters Employee#:
1461
Account Number.
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Divisiop Head Approval:
P.O. Number. Expected Delivery Date:
ASAP
Requisition No.: Date:
11-22-02
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8264
ENGINEERING DIVISION CORRESPONDENCE
•
TO:
THRU:
FROM:
DATE:
SUBJECT:
Dan Coody, Mayor
City Council
Greg Boettcher, Public Works Director
Jim Beavers, City Engineer
Ron Ron Petrie, Staff Engineer P -
November 22, 2002
Agenda Request for December 3, 2002 City Council Meeting
Rupple Road South Street & Drainage Improvements
1. Project Background: This project will provide public access to the Donald W. Reynolds Boys &
Girls Club and the adjacent City Park that is currently under construction. The street design consists of a
28' wide street with curb & gutter, underground drainage, and an eight foot wide trail. This street
configuration was approved at the June 25, 2002 Street Committee Meeting. The Engineering Division
designed the project in-house and will provide the construction management and inspection.
2. Staff Recommendations: Staff recommends that the City Council award the construction contract
to Red Deer, Inc. and approve funding for a project contingency including materials testing, street light
construction by Ozarks Electric, variations in final quantities, etc... for "Rupple Road South Street &
Drainage Improvements."
3. Estimated Protect Costs: Bids were opened on Wednesday, November 20th, 2002. The Engineer
has reviewed the bids and recommends awarding the contract to the low bidder, Red Deer Inc., in the
amount of $753,920.40 which is approximately 26 % below the Engineer's estimate. The estimated total
project costs including the project contingency for unforeseen project expenditures are as follows:
Rupple Road Street & Drainage
Improvements
Street Light Installation by Ozarks
Materials Testing
In-house Management & Inspection
Remainder of 15% Contingency
TOTAL
$753,920.40
$ 25,000.00
$ 9,000.00
$ 35,000.00
$ 44.0E69_
$867,000.00
4. Protect Funding: There is currenctly $829,931.00 remaining in the Rupple Road account which
includes $100,000 that was assessed to WHM Land Investments. A Budget Adjustment in the amount of
$50,000.00 from Project No. 99031, Ora Drive Drainage Improvements, to this Project No. 02020, Rupple
Road is requested.
•
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Section 00500
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND RED DEER, INC.
THIS AGREEMENT is dated as of the day of
between the City of Fayetteville, Arkansas and Red Deer, Incorporated.
in the year 2002 by and
The CITY OF FAYETTEVILLE and RED DEER, INC., 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 construction of approximately 2,600 L.F. of 28' wide street with curb &
gutter and associated earthwork, below ground storm sewer, drainage structures, and all items
indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
City of Fayetteville Engineering Division
113 W. Mountain Street
Fayetteville, Arkansas 72701
who is hereinafter called ENGINEERING DIVISION 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 210 consecutive 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 240
consecutive calendar days after the date when the Contract Time commences to run. This street must be
open to the public by August 11, 2003.
3.2. Liquidated Damages. The CITY OF FAYETTEVILLE and RED DEER, INC. recognize that time is of
the essence of the Agreement and that the CITY OF FAYE I 1 EVILLE 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
RED DEER, INC. agree that as liquidated damages for delay (but not as a penalty) RED DEER, INC. shall
Rupple Road — South Street & Drainage Improvements
City of Fayetteville Engineering Division
October 24, 2002
Page 00500-1
• •
pay the CITY OF FAYETTEVILLE Two hundred fifty dollars ($250.001 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 RED DEER, INC. 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, RED DEER, INC. shall pay the CITY OF
FAYETTEVILLE Two hundred fifty dollars ($250.001 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 RED DEER, INC. 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.
RUPPLE ROAD - SOUTH
STREET & DRAINAGE IMPROVEMENTS
PAY ITEMS
Item
No.
Item Description
Unit
Estimated
9
Quantity
Unit Price
Extended Price
1
Mobilization
LS
1
$19.100.00
$19.100.00
2
Construction Staking
LS
1
$16,000.00
$16,000.00
3
Maintenance of Traffic
LS
1
$6,200.00
$6,200.00
4
Tree Protection Fencing
LF
705
$3.50
$2,467.50
5
Root Prune with Trencher
LF
120
$5.00
$600.00
6
Excavation Safety
LS
1
$300.00
$300.00
7
Clearing & Grubbing
LS
1
$1,000.00
$1,000.00
8
R & D Gravel Access Road
LS
1
$8,000.00
$8,000.00
9
R & D 24" — 36" Corrugated Metal Pipe (CMP)
LF
350
$3.00
$1,050.00
10
Unclassified Excavation
CY
12,100
$4.25
$51,425.00
11
Compacted Embankment — Select Hillside Material (Borrow)
CY
5,955
$6.50
$38,707.50
12
Undercut & Backfill
CY
2,500
$10.75
$26,875.00
13
Six-inch Aggregate Street Base Course (Class 7)
SY
8,928
$4.15
$37,051.20
14
Concrete Curb and Gutter
LF
5,100
$7.00
$35,700.00
15
Two-inch ACHM Surface Course (Type 2)
SY
7,242
$4.20
$30,416.40
16
Four -inch ACHM Binder Course (Type 2)
SY
7,242
$7.90
$57,211.80
Rupple Road — South Street & Drainage Improvements
City of Fayetteville Engineering Division
October 24, 2002
Page 00500-2
•
17
Aggregate Base Course (Class 7)
TN
1,100
$11.50
$12,650.00
18
18 -inch Reinforced Concrete Pipe (RCP)
LF
96
$23.50
$2,256.00
19
24 -inch Reinforced Concrete Pipe (RCP)
LF
77
$25.50
$1,963.50
20
30 -inch Reinforced Concrete Pipe (RCP)
LF
8
$62.00
$496.00
21
36 -inch Reinforced Concrete Pipe (RCP)
LF
117
$32.50
$3,802.50
22
36 -inch Corrugated Metal Pipe (CMP)
LF
80
$35.00
$2,800.00
23
42 -inch Reinforced Concrete Pipe (RCP)
LF
1,455
$55.50
$80,752.50
24
42 -inch Corrugated Metal Pipe (CMP)
LF
774
$44.00
$34,056.00
25
36" x 58" Reinforced Concrete Arch Pipe (RCPA)
LF
1,390
$68.00
$94,520.00
26
2 Ft x 10 Ft Reinforced Concrete Box Culvert
LF
175
$235.00
$41,125.00
27
4 Ft x 4 Ft Type 'C' Drop Inlet
EA
4
$2,200.00
$8,800.00
28
4 Ft x 6 Ft Type 'C' Drop Inlet
EA
3
$2,300.00
$6,900.00
29
Junction Box 4 Ft x 6 Ft
EA
1
$2,300.00
$2,300.00
30
5 Ft x 5 Ft Type 'C' Drop Inlet
EA
2
$2,300.00
$4,600.00
31
4 Ft x 12 Ft Type C Drop Inlet
EA
2
$3,550.00
$7,100.00
32
5 Ft x 14 Ft Type 'C' Drop Inlet
EA
3
$3,900.00
$11,700.00
33
Drop Inlet Extension (4 FT)
EA
9
$400.00
$3,600.00
34
Drop Inlet Extension (8 FT)
EA
5
$700.00
$3,500.00
35
Rear Inlet w/ wingwalls and Conc. Apron (1.25' x 4.0')
EA
1
$3,550.00
$3,550.00
36
Rear Inlet w/ wingwalls and Conc. Apron (1.0' x 4.0')
EA
2
$3,550.00
$7,100.00
37
42" Storm Pipe Connection to Existing AFITD Drop Inlet
LS
1
$500.00
$500.00
38
24 -inch Concrete Flared End Section
EA
1
$500.00
$500.00.
39
30 -inch Concrete Flared End Section
EA
1
$650.00
$650.00
40
36 -inch Concrete Flared End Section
EA
2
$800.00
$1,600.00
41
Reinforced Concrete Headwall for 2' x 10' Box Culvert
LS
1
$5,300.00
$5,300.00
42
Geosynthetic Erosion Control Mat
SY
160
$5.00
$800.00
43
Permanent Sediment Pond
LS
1
$2,000.00
$2,000.00
44
Temporary Sediment Pond
LS
1
$2,500.00
$2,500.00
45
Concrete Sidewalk(4")
SY
2,280
$16.50
$37,620.00
46
Asphalt Driveway (2")
SY
85
$4.20
$357.00
47
Concrete Driveway (6")
SY
500
$16.60
$8,300.00
48
Adjust
Water Valve Box
EA
1
$300.00
$300.00
49
Seeding and Mulching
AC
3.55
$1,410.00
$5,005.50
50
Imported Top Soil
CY
1,920
$8.00
$15,360.00
51
Sign(R3-7R)
EA
1
$150.00
$150.00
52
Double 4" Yellow Line Pavement Markings (Thermoplastic)
LF
2,550
$0.50
$1,275.00
53
6" White Line Pavement Markings (Thermoplastic)
LF
115
$2.20
$253.00
54
18" White Pavement Markings (Thermoplastic)
LF
112
$7.00
$784.00
55
24" White Pavement Markings (Thermoplastic)
LF
22
$10.00
$220.00
56
White Pavement Marking Arrows (Thermoplastic)
EA
4
$200.00
$800.00
57
Type 3 Barricade
LF
24
$80.00
$1,920.00
58
Straw Bale (E-1)
EA
50
$5.00
$250.00
Rupple Road - South Street & Drainage Improvements
City of Fayetteville Engineering Division
October 24, 2002
Page 00500-3
•
•
59
Rock Excavation
Cy
50
$25.00
$1,250.00
60
3" PVC Schedule 40 Conduit
LF
55
' $10.00
$550.00
TOTAL CONSTRUCTION COST $753,920.40
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations
of actual quantities and classifications are to be made by the ENGINEERING DIVISION 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
RED DEER, INC. 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 the ENGINEERING
DIVISION 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 RED DEER INC.'s Applications for Payment as recommended by the
ENGINEERING DIVISION, 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 the ENGINEERING DIVISION shall determine, or the CITY OF FAYETTEVILLE
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 ENGINEERING DIVISION, and if the
character and progress of the Work have been satisfactory to the CITY OF
FAYETTEVILLE and the ENGINEERING DIVISION, the CITY OF FAYE 1 1 EVILLE, on
recommendation of the ENGINEERING DIVISION, 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 RED
DEER INC. to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less
Rupple Road — South Street & Drainage Improvements
City of Fayetteville Engineering Division
•
October 24, 2002
Page 00500-4
•
• •
such amounts as the ENGINEERING DIVISION 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 the ENGINEERING DIVISION 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 RED DEER, INC. makes the
following representations:
6.1. RED DEER, INC. 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. RED DEER, INC. 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. RED DEER, INC. 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. RED DEER, INC. 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. RED DEER, INC. 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 RED DEER, INC. is entitled to rely as provided in paragraph 4.02 of the
General Conditions.
RED DEER, INC. acknowledges that such reports and drawings are not Contract Documents and may not be
complete for the RED DEER INC.'s purposes. RED DEER, INC. acknowledges that the CITY OF
FAYETTEVILLE and the ENGINEERING DIVISION 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. RED DEER, INC. 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 fumishing of the
Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of
construction to the employed by RED DEER, INC. and safety precautions and programs incident thereto.
RED DEER, INC. 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. RED DEER, INC. is aware of the general nature of work to be performed by the CITY OF
FAYE 1 1 EVILLE and others at the site that relates to the Work as indicated in the Contract Documents.
Rupple Road — South Street & Drainage Improvements October 24, 2002
City of Fayetteville Engineering Division Page 00500-5
• •
6.6. RED DEER, INC. has correlated the information known to RED DEER, INC., 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. RED DEER, INC. has given the ENGINEERING DIVISION written notice of all conflicts, errors,
ambiguities, or discrepancies that RED DEER, INC. has discovered in the Contract Documents and the
written resolution thereof by the ENGINEERING DIVISION is acceptable to RED DEER, INC. 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 the CITY OF FAYETTEVILLE and RED
DEER, INC. concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 8, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by RED DEER, INC. prior to signing Agreement.
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 13 inclusive).
7.9. Specifications consisting of Divisions 1 through 3 as listed in table of contents thereof.
7.10. Addenda numbers 1 to 1 inclusive.
• 7.11. One sets of drawings (not attached hereto) consisting of a cover sheet and additional sheets numbered
1 through 22 with each sheet bearing the following general title:
Rupple Road — South Street & Drainage Improvements.
7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are
not attached hereto:
7.12.1. Notice to Proceed
7.12.2. 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).
Rupple Road — South Street & Drainage Improvements October 24, 2002
City of Fayetteville Engineering Division Page 00500-6
• •
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 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 RED DEER, INC. 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.
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 OF FAYETTEVILLE 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 must be interpreted under Arkansas Law.
Rupple Road — South Street & Drainage Improvements October 24, 2002
City of Fayetteville Engineering Division Page 00500-7
• •
IN WITNESS WHEREOF, the CITY OF FAYETTEVILLE and RED DEER, INC. have signed this Agreement
in quadruplicate. One counterpart each has been delivered to the CITY OF FAYETTEVILLE and the
ENGINEERING DIVISION, and two counterparts have been delivered to RED DEER, INC.. All portions of the
Contract Documents have been signed, initialed, or identified by the CITY OF FAYETTEVILLE and RED DEER,
INC. or identified by the ENGINEERING DIVISION on their behalf.
This Agreement will be effective on
Agreement).
OWNER: City of Fayetteville
By:
Mayor Dan Coody
, 2002 (which is the Effective Date of the
CONTRACTOR: Red Deer, Inc.
By:
Title
[CORPORATE SEAL] [CORPORATE SEAL]
Attest * Attest
* If a Corporation, attest by the Secretary.
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)
Rupple Road — South Street & Drainage Improvements October 24, 2002
City of Fayetteville Engineering Division Page 00500-8
w
r
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
• •
STAFF REVIEW FORM
For the Fayetteville City Council Meeting of: December 3, 2002
FROM:
Ron Petrie
Name
Engineering
Division
Public Works
Department
ACTION REQUIRED: 1. Approval of a resolution awarding the construction contract in the amount of
$753,920.40 with Red Deer, Inc. for the construction of Rupple Road from Wedington Drive to the Donald W.
Reynolds Boys & Girls Club. 2. Approval of a project contingency of $113,080.60 (15%) for project needs
including material testing, street light installation by Ozarks Electric, in-house inspection & management,
variations in final quantities, .... 3. Approval of the attached budget adjustment.
COST TO CITY:
$867,000.00
Cost of this request
4470.9470.5809.00
Account Number
02020-010
Project Number
(Escrow)
$100,000.00
750,000.00
Category/Project Budget
$ 20,069.00
Funds Used to Date
$ 829,931.00
Remaining Balance
Rupple Road
Program Category / Project Name
Street Improvements
Program / Project Category Name
Sales Tax Capital Improvement
Fund Name
BUDGET REVIEW:
X Budgeted Item
Budget Manager
Date
X Budget Adjustment Attached
Administrative Services Director
Date
CONTRACT/GRANT/LEASE REVIEW:
Accounting Manager
City Attorney
Purchasing Manager
Date
Date
Date
GRANTING AGENCY:
Internal Auditor Date
ADA Coordinator Date
Grant Coordinator Date
STAFF RECOMMENDATION: Staff recommends approval of the actions listed above.
Division Head
Department Director
Administrative Services Director
Mayor
/ J/22/oZ
Date
Date
Date
Date
Cross Reference
New Item:
Yes No
Previous Ord/Res#:
Orig. Contract Date
Orig. Contract Number
i
• •
Staff Review Form - Page 2
Description Rupple Road South Street & Drainage Improvements Meeting Date December 3, 2002
Comments: Reference Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
1
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St. -
Fayetteville, AR 72701
Telephone: 501-575-8264
ENGINEERING DIVISION CORRESPONDENCE
•
TO:
THRU:
FROM:
DATE:
SUBJECT:
Dan Coody, Mayor
City Council
Greg Boettcher, Public Works Director
Jim Beavers, City Engineer
Ron Petrie, Staff Engineer et
November.22, 2002
Agenda Request for December 3, 2002 City Council Meeting
Rupple Road South Street & Drainage Improvements
1. Protect Background: This project will provide public access to the Donald W. Reynolds Boys &
Girls Club and the adjacent City Park that is currently under construction. The street design consists of a
28' wide street with curb & gutter, underground drainage, and an eight foot wide trail. This street
configuration was approved at the June 25, 2002 Street Committee Meeting. The Engineering Division
designed the project in-house and will provide the construction management and inspection.
2. Staff Recommendations: Staff recommends that the City Council award the construction contract
to Red Deer, Inc. and approve funding for a project contingency including materials testing, street light
construction by Ozarks Electric, variations in final quantities, etc... for "Rupple Road South Street &
Drainage Improvements."
3. Estimated Protect Costs: Bids were opened on Wednesday, November 20th, 2002. The Engineer
has reviewed the bids and recommends awarding the contract to the low bidder, Red Deer Inc., in the
amount of $753,920.40 which is approximately 26 % below the Engineer's estimate. The estimated total
project costs including the project contingency for unforeseen project expenditures are as follows:
Rupple Road Street & Drainage
Improvements
Street Light Installation by Ozarks
Materials Testing
In-house Management & Inspection
Remainder of 15% Contingency
TOTAL
$753,920.40
$ 25,000.00
$ 9,000.00
$ 35,000.00
$ 35,080.60
$867,000.00
4. Protect Funding: There is currenctly $829,931.00 remaining in the Rupple Road account which
includes $100,000 that was assessed to WHM Land Investments. This project will require a Budget
Adjustment in the amount of $37,069.00 from Project No. 99031, Ora Drive Drainage Improvements, to
this Project No. 02020, Rupple Road.
•
• •
Section 00500
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND RED DEER, INC.
THIS AGREEMENT is dated as of the day of in the year 2002 by and
between the City of Fayetteville, Arkansas and Red Deer, Incorporated.
The CITY OF FAYETTEVILLE and RED DEER, INC., 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 construction of approximately 2,600 L.F. of 28' wide street with curb &
gutter and associated earthwork, below ground storm sewer, drainage structures, and all items
indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
City of Fayetteville Engineering Division
113 W. Mountain Street
Fayetteville, Arkansas 72701
who is hereinafter called ENGINEERING DIVISION and who is to act as the CITY OF FAYE11'LVILLE'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 210 consecutive 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 240
consecutive calendar days after the date when the Contract Time commences to nm. This street must be
open to the public by August 11, 2003.
3.2. Liquidated Damages. The CITY OF FAYE 11 EVILLE and RED DEER, INC. 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
RED DEER, INC. agree that as liquidated damages for delay (but not as a penalty) RED DEER, INC. shall
Rupple Road — South Street & Drainage Improvements
City of Fayetteville Engineering Division
October 24, 2002
Page 00500-1
•
• •
pay the CITY OF FAYETTEVILLE Two hundred fifty dollars ($250.00) 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 RED DEER, INC. 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 FAYE 1 1 EVILLE, RED DEER, INC. shall pay the CITY OF
FAYE 11 EVILLE Two hundred fifty dollars ($250.00) 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 RED DEER, INC. 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.
RUPPLE ROAD - SOUTH
STREET & DRAINAGE IMPROVEMENTS
PAY ITEMS
Rupple Road — South Street & Drainage Improvements
City of Fayetteville Engineering Division
October 24, 2002
Page 00500-2
Item
No.
Item Description
Unit
Estimated
Quantity
Unit Price
Extended Price
1
Mobilization
LS
1
$19.100.00
$16,000.00
$19.000.00
$16,000.00
2
Construction Staking
LS
1
3
Maintenance of Traffic
LS
1
$6,200.00
$6,200.00
4
Tree Protection Fencing
LF
705
S3.50
S2,467.50
5
Root Prune with Trencher
LF
120
$5.00
S600.00
6
Excavation Safety
LS
1
$300.00
$300.00
7
Clearing & Grubbing
LS
1
$1,000.00
$1,000.00
8
R & D Gravel Access Road
LS
1
$8,000.00
$8,000.00
9
R & D 24" — 36" Corrugated Metal Pipe (CMP)
LF
350
$3.00
$1,050.00
10
Unclassified Excavation
CY
12,100
$4.25
' $51,425.00
11
Compacted Embankment — Select Hillside Material (Borrow)
CY
5,955
S6.50
S38,707.50
12
Undercut & Backfill
CY
2,500
$10.75
$26,875.00
13
Six-inch Aggregate Street Base Course (Class 7)
SY
8,928
$4.15
$37,051.20
14
Concrete Curb and Gutter
LF
5,100
$7.00
$35,700.00
15
Two-inch ACHM Surface Course (Type 2)
SY
7,242
$4.20
$30,416.40
16
Four -inch ACHM Binder Course (Type 2)
SY
7,242
$7.90
$57,211.80
Rupple Road — South Street & Drainage Improvements
City of Fayetteville Engineering Division
October 24, 2002
Page 00500-2
•
•
17
Aggregate Base Course (Class 7)
TN
1,100
$11.50
$12,650.00
18
18 -inch Reinforced Concrete Pipe (RCP)
LF
96
$23.50
$2,256.00
19
24 -inch Reinforced Concrete Pipe (RCP)
LF
77
$25.50
$1,963.50
20
30 -inch Reinforced Concrete Pipe (RCP)
LF
8
$62.00
$496.00
21
36 -inch Reinforced Concrete Pipe (RCP)
LF
117
$32.50
$3,802.50
22
36 -inch Con-ugated Metal Pipe (CMP)
LF
80
$35.00
$2,800.00
23
42 -inch Reinforced Concrete Pipe (RCP)
LF
1,455
$55.50
580,752.50
24
42 -inch Corrugated Metal Pipe (CMP)
LF
774
$44.00
$34,056.00
25
36" x 58" Reinforced Concrete Arch Pipe (RCPA)
LF
1,390
568.00
$94,520.00
26
2 Ft x 10 Ft Reinforced Concrete Box Culvert
LF
175
$235.00
541,125.00
27
4 Ft x 4 Ft Type C Drop Inlet
EA
4
52,200.00
S8,800.00
28
4 Ft x 6 Ft Type 'C' Drop Inlet
EA
3
52,300.00
56,900.00
29
Junction Box 4 Ft x 6 Ft
EA
1
$2,300.00
$2,300.00
30
5 Ft x 5 Ft Type 'C' Drop Inlet
EA
2
$2,300.00
$4,600.00
31
4 Ft x 12 Ft Type 'C' Drop Inlet
EA
2
$3,550.00
$7,100.00
32
5 Ft x 14 Ft Type 'C' Drop Inlet
EA
3
• $3,900.00
511,700.00
33
Drop Inlet Extension (4 FT)
EA
9
$400.00
$3,600.00
34
Drop Inlet Extension (8 FT)
EA
5
5700.00
53,500.00
35
Rear Inlet w/ wingwalls and Conc. Apron (1.25' x 4.0')
EA
1
53,550.00
53,550.00
36
Rear Inlet w/ wingwalls and Conc. Apron (1.0' x 4.0')
EA
2
53,550.00
$7,100.00
37
42" Storm Pipe Connection to Existing AHTD Drop Inlet
LS
1
5500.00
$500.00
38
24 -inch Concrete Flared End Section
EA
1
$500.00
5500.00
39
30 -inch Concrete Flared End Section
EA
1
$650.00
$650.00
40
36 -inch Concrete Flared End Section
EA
2
5800.00
$1,600.00
41
Reinforced Concrete Headwall for 2' x 10' Box Culvert
LS
1
. 55,300.00
$5,300.00
42
Geosynthetic Erosion Control Mat
SY
160
$5.00
$800.00
43
Permanent Sediment Pond
LS
1
52,000.00
$2,000.00
44
Temporary Sediment Pond
LS
1
52,500.00
52,500.00
45
Concrete Sidewalk(4")
SY
2,280
516.50
537,620.00
46
Asphalt Driveway (2")
SY
85
$4.20
5357.00
47
Concrete Driveway (6")
SY
500
$16.60
$8,300.00
48
Adjust
Water Valve Box
EA
1
5300.00
$300.00
49
Seeding
and Mulching
AC
3.55
51 410.00
$5,005.50
50
Imported Top Soil
CY
1,920
$8.00
$15,360.00
51
Sign (R3 -7R)
EA
1
5150.00
$150.00
52
Double 4" Yellow Line Pavement Markings (Thermoplastic)
LF
2,550
$0.50
$1,275.00
53
6" White Line Pavement Markings (Thermoplastic)
LF
115
$2.20
$253.00
54.
18" White Pavement Markings (Thermoplastic)
LF
112
$7.00
$784.00
55
24" White Pavement Markings (Thermoplastic)
LF
22
$10.00
$220.00
56
White Pavement Marking Arrows (Thermoplastic)
EA
4
$200.00
$800.00
57
Type 3 Barricade
LF
24
580.00
51,920.00
58
Straw Bale (E-1)
EA
50
55.00
5250.00
Rupple Road - South Street & Drainage Improvements
City of Fayetteville Engineering Division
October 24, 2002
Page 00500-3
59
Rock Excavation
CY
50
$25.00
$1,250.00
60
3" PVC Schedule 40 Conduit ..
LF
55
$10.00
$550.00
COST
S753,920.40
TOTAL CONSTRUCTION
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations
of actual quantities and classifications are to be made by the ENGINEERING DIVISION as provided in paragraph 9.08
of the General Conditions. Unit prices have been computed as provided in paragraph 11.032 of the General
Conditions.
Article 5. PAYMENT PROCEDURES
RED DEER, INC. 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 the ENGINEERING
DIVISION as provided in the General Conditions.
5.1. Progress Payments. The CITY OF FAYE1 1 EVILLE shall make progress payments on account of the
Contract Price on the basis of RED DEER INC.'s Applications for Payment as recommended by the
ENGINEERING DIVISION, 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 the ENGINEERING DIVISION shall determine, or the CITY OF FAYE1 VEVILLE
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), 3f Work has
been 50 percent completed as determined by the ENGINEERING DIVISION, and if the
character and progress of the Work have been satisfactory to the CITY OF
FAYE1 1 EVILLE and the ENGINEERING DIVISION, the CITY OF FAME 1 1 EVILLE, on
recommendation of the ENGINEERING DIVISION, 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 & I4.02.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 RED
DEER INC. to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less
Rupple Road — South Street & Drainage Improvements October 24, 2002
City of Fayetteville Engineering Division. Page 00500-4
•
•
such amounts as the ENGINEERING DIVISION 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 FAYEI I'EVILLE shall pay the remainder of the
Contract Price as recommended by the ENGINEERING DIVISION as provided in said paragraphs 14.07.B &
C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
•
In order to induce the CITY OF FAYEI IEVILLE to enter into this Agreement RED DEER, INC. makes the
following representations:
6.1. RED DEER, INC. 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. RED DEER, INC. 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 famishing of the Work.
6.3. RED DEER, INC. 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. RED DEER, INC. 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. RED DEER, INC. 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 RED DEER, INC. is entitled to rely as provided in paragraph 4.02 of the
General Conditions.
RED DEER, INC. acknowledges that such reports and drawings are not Contract Documents and may not be
complete for the RED DEER INC.'s purposes. RED DEER, INC. acknowledges that the CITY OF
FAYETTEVILLE and the ENGINEERING DIVISION 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. RED DEER, INC. 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 RED DEER, INC. and safety precautions and programs incident thereto.
RED DEER, INC. does not consider that any additional examinations, investigations, explorations, tests,
studies, or data are necessary for the performance and famishing 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. RED DEER, INC. is aware of the general nature of work to be performed by the CITY OF
FAYE 1 1 EVILLE and others at the site that relates to the Work as indicated in the Contract Documents.
Rupple Road — South Street & Drainage Improvements
City of Fayetteville Engineering Division
October 24, 2002
Page 00500-5
• .. •
6.6. RED DEER, INC. has correlated the information known to RED DEER, INC., 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. RED DEER, INC. has given the ENGINEERING DIVISION written notice of all conflicts, errors,
ambiguities, or discrepancies that RED DEER, INC. has discovered in the Contract Documents and the
written resolution thereof by the ENGINEERING DIVISION is acceptable to RED DEER, INC. 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 the CITY OF FAYETTEVILLE and RED
DEER, INC. concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 8, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by RED DEER, INC. prior to signing Agreement.
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 13 inclusive).
7.9. Specifications consisting of Divisions 1 through 3 as listed in table of contents thereof.
7.10. Addenda numbers 1 to 1 , inclusive.
7.11. One sets of drawings (not attached hereto) consisting ofa cover sheet and additional sheets numbered
1 through 22 with each sheet bearing the following general title:
Rupple Road — South Street & Drainage Improvements.
7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are
not attached hereto:
7.12.1. Notice to Proceed
7.12.2. 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).
Rupple Road — South Street & Drainage Improvements October 24, 2002
City. of Fayetteville Engineering Division Page 00500-6
• •
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 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 RED DEER, INC. 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.
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 OF FAYE1 IEVILLE 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 must be interpreted under Arkansas Law.
Rupple Road — South Street & Drainage Improvements October 24, 2002
City of Fayetteville Engineering Division Page 00500-7
•
• •
IN WITNESS WHEREOF, the CITY OF FAYETTEVILLE and RED DEER, INC. have signed this Agreement
in quadruplicate. One counterpart each has been delivered to the CITY OF FAYETTEVILLE and the
ENGINEERING DIVISION, and two counterparts have been delivered to RED DEER, INC.. All portions of the
Contract Documents have been signed, initialed, or identified by the CITY OF FAYE 1 1 EVILLE and RED DEER,
INC. or identified by the ENGINEERING DIVISION on their behalf.
This Agreement will be effective on
Agreement).
OWNER: Citv of Fayetteville
By:
Attes
Mayor Dan Coody
, 2002 (which is the Effective Date of the
CONTRACTOR: Red Deer, Inc.
By:
Title
[CORPORATE SEAL] [CORPORATE SEAL]
• Attest
* If a Corporation, attest by the Secretary.
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)
Rupple Road — South Street & Drainage Improvements
City of Fayetteville Engineering Division
October 24, 2002
Page 00500-8
•
•
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8:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Ron Petrie, Engineering
From: Heather Woodruff, City Clerk
Date: December 9, 2002
Attached is a copy of Resolution No. 187-02 awarding a construction contract to Red
Deer, Inc. in the amount of $753,920.40 to construct a portion of Rupple Road south
from its intersection with Wedington Drive to the site of the Donald W. Reynolds Boys
and Girls Club.
The original resolution will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Auditor
1
1
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Property of the City Clerk
Project Manual
FAYETTEN/ 1 LLE
CITY OF FAYETTEVILLE
ARKANSAS
Rupple Road — South
Street & Drainage
Improvements
BID # 02-57
OCTOBER 2002
t7Tflfl r%s�4 migity
14o.13
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8206
ENGINEERING DIVISION CORRESPONDENCE
MECROflLME»
TO: Heather Woodruff, City Clerk
FROM: Ron Petrie, Staff Engineer
DATE: December 31, 2002
SUBJECT: Rupple Road South — Street & Drainage Improvements
Contract for Construction
Please find attached four (4) sets of project manuals that have been prepared for the Mayor's
signature. This contract was approved by Resolution No. 187-02 at the December 3, 2002 City
Council meeting.
One of the project manuals are for your records Please return the remaining three to the
Engineering Division.
Thanks for your assistance.