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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 cn "0 H W 0 W a w ro 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 O - PLEASE RETURN PO TO ENGINEERING Cr 0 R C 3 Y N g Zip: 72765-0691 • 4470-9470-5809.00 'Requesters Employee#: 1461 Account Number. co O d 1 0 2 ow to CO o+ V O 0 o 0 0 ON 0 o C 3 ? Divisiop Head Approval: P.O. Number. Expected Delivery Date: ASAP Requisition No.: Date: 11-22-02 o , o x 0 Inventory t- r 00 X • 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. 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SIn _ 88 -r G 44 Cr«ng"8 8i. ,,:88088__<S888a nr„ .°4 1t„Ff :3i 168 88888a80e8888888$88888$8888888888888$8888u888k8s8,".8888888858 r x 38''0 r xn „an=ggn„„ -^8858888 8888-0888888 nn „r„nx r7.nw 908=E8d rnm„4Cm4^_ - 8eC3- e888Sv r„ggr0�r_9 8?8iS R r 8 448:88-«««8 $8=8888884_8_888088888888884 $s : 88- $8gaaar': u -888888__888888888888888__8-'88_x$^$ 8g„8,r. -i16.686* .2r„«r««r8gn%'8gg a =8888"g088888888g888'"8888 88888888588888888888888888 nm-= „«C 'C_nfn”«r« r 53,750 001 rrrrrr"Raor« 8888°88808888 88888888888888 "- $3,080 001 00000 0,190.00 0444§§4§§§8§§§§§0§§§p 888888888888888888 _Gnornr8_« „ rrr ' • • 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 • • Subtotal Ccentroctio Gmwgmq IS% saaas sl 1 Y C._e._..QCS O._oe..„CYC.-o»..,aC:CCCa6G=aeaec❑6 ».a«.«.“fl D' PVC Schelde 40 Cwdut Q 7 triglith app jr.. 8 '7 gLFR�gXH������G^,",; p i i @ €x nn iiij 6 6 E R 6 Lf 0aC °s99 ££ t a?; fififi ~V 5. a S 6 ~ P :�goC�9@�+'�4&Ag ~ 9 P $„ 1 �V R R 8 5 R^F'N'R� R i �?93 y 8 [Fear -inch ACHM Bila Came R3R.1) 1Tww«a ACHM Sue CaineMho 1) 8g. E m4 g F y C 1 t. 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P - rill &IL nn E ...., - . x. 8 9 4- rn 4 a- P .. « .. o e$ C 22"252.22 A las a$ n C. ,^ 8 :.,�°.N 8 2= f 3 e 32288282888288 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 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.