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HomeMy WebLinkAbout142-03 RESOLUTIONRESOLUTION NO. 142-03 • A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF SIX HUNDRED NINETY-EIGHT THOUSAND THREE HUNDRED SEVENTY-NINE DOLLARS AND THIRTY CENTS (5698,379.30) TO CROSSLAND HEAVY CONTRACTORS, INC. FOR THE CONSTRUCTION PHASE OF THE ACCELERATED WATERLINE REPLACEMENT PROJECT; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF SIXTY-NINE THOUSAND EIGHT HUNDRED THIRTY-EIGHT DOLLARS (569,838.00) FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards a construction contract in the amount of Six Hundred Ninety - Eight Thousand Three Hundred Seventy -Nine Dollars and Thirty Cents (5698,379.30) to Crossland Heavy Contractors Inc. for the construction phase of the Accelerated Waterline Replacement Project. A copy of which, marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Project Contingency in the amount of Sixty -Nine Thousand Eight Hundred Thirty -Eight Dollars ($69,838.00) for same. PASSED and APPROVED this 16th day of September, 2003. SONDRA SMITH, City Clerk APPROV By: DAN COODY, Mayor 1 NAME OF FILE: Resolution No. 142-03 w/contract CROSS REFERENCE: Item # Date Document 1 08/27/03 Staff Review Form w/attachments: & Contract Documents draft resolution Accelerated Waterline Replacement Project memo to Mayor Accelerated Water Line Replacements Project Phase I map 2003 Garver Engineers letter to Norbash Work Order No. 1 Bid Verification copy of proposed agreement 2 10/13/03 memo to Sid Norbash NOTES: 10/13/2003 Specifications & Contract Documents Accelerated Waterline Replacement Project July, 2003 • • STAFF REVIEW FORM — FINANCIAL OBLIGATION X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of September 16, 2003 ,c&.s '9/ /6/1.3 / el . -03 FROM Sid Norbash Engineering Name Division CP& E Department ACTION REQUIRED: Award of the construction contract to Crossland Heavy Contractors, Inc. in the amount of $698,379.30, for Accelerated Water Line Replacements Project. Also approval of the project contingency fund in the amount of $69,838 (10%). COST TO CITY: $768,217 30 Cost of this Request 5400-5600-5808-00 Account Number 02125-0020 Project Number $1.498,502 Cateory/Project Budget 2003 $37,758 Fund,s Used'fo Date 2003 $1,120 744 Remaining Balance 2003 Waterline Replacements Program Cate ory/Project Name Water & Sewer Imprvts. Program/Project Category -Jame Water/Sewer Fund Name BUDGE RE EW: `,7' 227,03 get ager Date x Budgeted Item Budget Adjustment Attached CON RACT/G T/LEASE REVIEW: (/app ? City Attorney Date r Purchasing Manager Si2B3 gp3g163 Date STAFF RECOMMENDATION: Approval of the contract, and project contingency. /i //7. ent sIreci.r ectNe-a--‘ -n-c/3 Date iaand e 0# Mayor C Interna Date 8.2 03 rvices Ul c rector ate al 9-241/ Y'ad, illustrative 0 cer 1 Date y//3 " Dat `e Received in Mayor's Office Cross Reference • Prev Ord/Res #: 78-02 Orig. Contract Date: May 7. 2002 Orig. Contract P/Q9/t3 -rot New Item: Yes_ No_C i • • STAFF REVIEW FORM Description Accelerated Waterline Replacement Project Construction Contract Meeting Date 9-16-2003 Comments: Budget Manager Accounting Manager Reference Comments: Internal Auditor 1)-8 a1/46-frano"-- CIMAInki—LaL act -6 -cmc stilt -L(2 City Attorney Page 2 Purchasing Manager Finance and Internal Services Director Chief Administrative Officer • • RESOLUTION NO. A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF SIX HUNDRED NINETY-EIGHT THOUSAND THREE HUNDRED SEVENTY-NINE DOLLARS AND THIRTY CENTS ($698,379.30) TO CROSSLAND HEAVY CONTRACTORS, INC. FOR THE CONSTRUCTION PHASE OF THE ACCELERATED WATERLINE REPLACEMENT PROJECT; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF SIXTY-NINE THOUSAND EIGHT HUNDRED THIRTY-EIGHT DOLLARS ($69,838.00) FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards a construction contract in the amount of Six Hundred Ninety - Eight Thousand Three Hundred Seventy -Nine Dollars and Thirty Cents ($698,379 30) to Crossland Heavy Contractors Inc. for the construction phase of the Accelerated Waterline Replacement Project. A copy of which, marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, '.k si hereby approves a Project Contingency in the amount of Six lino sand Eight Hundred Thirty -Eight Dollars ($69,838.00) for same.- PASSED ame.PASSED and APPROVED this 16th day of September, 200 etI'PROVED: J D, ODY, Mayor FAYETTEVIPLE • THE CITY OF FAYETTEVILLE, ARKANSAS To: Dan Coody, Mayor Thru: Hugh Earnest, CAO Tim Conklin, Director CP&E Gary Coover, City Engineer °OS./ From: Sid Norbash, Staff Engineer Date: August 25, 2003 Re: Accelerated Waterline Replacements Project Phase I Award of Construction Contract to Crossland Heavy Contractors, Inc. Background: The above referenced project is part of an ongoing Capital Improvement Project, which was approved by the City Council in 2002. The purpose of this project is to replace old and leaky water mains. In May of 2002, the City Council per Resolution 78-02, approved $1,500,000 to fund replacement of existing leaky water mains which have become a maintenance problem. In July of 2002, the Council approved the Engineering Contract for this project with Garver Engineers in the amount of $250,000. This project adheres to Guiding Principle #2 "Well maintained City Infrastructure and Facilities" Status: Garver Engineers completed the design of the first phase of this project in June, and the project was advertised for construction phase in July. On August 13, 2003, official bids were received from 7 bidders. The low bidder is Crossland Heavy Contractors, Inc., in the amount of $698,379.30. 113 WEST MOUNTAIN 72701 079-521.7700 FAX 479.575-0257 • • For details of the bids please refer to the attached letter from Garver Engineers, and the Bid Tabulation sheets. The following water lines will be replaced under this phase of the project: 1605 feet of 12" 2440 feet of 8" 1840 feet of 6" For details please refer to the attached project location map. Recommendations: The Staff recommends that the Council approve the award of the construction contract to the low bidder, Crossland Heavy Contractors, Inc. in the amount of $698,379.30. Funding: As approved by the City Council per Resolution 78-02 SN/sn Attachments: Construction Contract Bid Tabulations Vicinity Map 21 REBECCA DAVIDSON ST 15 E WASHINGTON z E z Z E 2 LAFAYE MAPLE O 2 SUTTON DICKSON 1 15 W E INS JOHNSO 1 DOGWOOD LN CRESCENT D��� MISSOURI WAI LIGHTON IR HUNTSVILLE RD • PROJECT LOCATION #1 Accelerated Water Line Replacements Project Phase I PROJECT LOCATION #2 Garver Engineers, LLC 3810 Front S:eet. Suite 10 Fayetteville. AR 72703 479-527-9100 FA% 479.527.9101 www garverengineers com August 13, 2003 Mr. Sid Norbash City of Fayetteville Engineering Department 113 W. Mountain Street Fayetteville, AR 72703 Re: Accelerated Waterline Replacements Work Order No. 1 Recommendation of Award to Low Bidder Garver Project No. 0296-3500 Dear Sid: ©) W)r\ AUG 1 4 2003 L' GARVERI,ENG1NEERS Six bids were received for the City of Fayetteville's "Accelerated Waterline Replacements — Work Order No. 1" project at Fayetteville City Hall at 10:00 A.M., Wednesday, August 13, 2003. The bids have been checked for accuracy. A tabulation of the bids is enclosed with this letter, with the summary amount for each bid shown below. Contractor Crossland Heavy Construction Fayette Trce & Trench Garver Engineers' Estimate Goodwin & Goodwin Mobley Contractors Seven Valleys Construction Co. Building & Utility Contractors Bid $ 698,379.30 $ 743,877.50 $ 766,607.50 $ 827,060.00 $ 880,820.66 S 893,303.75 $ 1,023,190.00 Crossland Heavy Construction Company submitted the lowest bid for the work contained in thc Plans. We believe this bid represents a good value to the City of Fayetteville, and recommend award of the bid for thc Accelerated Waterline Replacements — Work Order No. 1. If you have any questions regarding this matter, please contact me at your convenience. Respectfully submitted, GARVER_ENGINEERS arson, P.E. Senior Design Engineer Cc: Greg Boettcher — Water & Wastewater Director Gary Coovcr — City Engineer Peggy Vice — Purchasing Agent Brentwood. TN • Fayettevnte. AR • Huntsville. AL • Little Rock. AR • Mad'scn. MS • Topeka. KS • Tulsa. OK • • . 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(hereinafter called CONTRACTOR). FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Accelerated Waterline Replacement Program Installation of 12", 8", and 6" PVC water mains, along with steel encasement pipes, taps of various sizes, ductile iron water fittings, water valves, water service lines, water meters, connections to existing water lines and services, and pavement repairs as necessary, in and along Prospect, Clebum, Fritz, and Baxter Streets, Rush and Fritz Drives, Lytton, Blair, and Mashburn Avenues, and Huntsville Road in Fayetteville, Arkansas. Article 2. ENGINEER. The Project has been designed by: Garver Engineers, LLC 3810 Front Street, Suite 10 Fayetteville, AR 72703 who is hereinafter called ENGINEER and who is to act as 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 120 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 150 consecutive calendar days after the date when the Contract Time commences to run. Accelerated Waterlines 00500 (1) Garver No. 0296-3500 • • If delays in utility relocations by others impede the Contractor's progress for major Contract items and/or items critical to the prosecution of the work within the Contract Time, the Contract Time will be temporarily suspended or adjusted by the City as appropriate. During such periods, the Contractor will be allowed to work on minor Contract items, as approved by the City, without spending Contract Time. 3.2. Liquidated Damages. FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any 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 FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay FAYETTEVILLE Five Hundred dollars (S500.001 for each day that expires after the time specified in paragraph 3.1 for substantial completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by FAYETTEVILLE, CONTRACTOR shall pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 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 ENGINEER 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. 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. Article 5. PAYMENT PROCEDURES 5.1. Progress Payments. FAYETTEVILLE shall make periodic progress payments on the basis of Work completed as provided in paragraph 14.02 of the General Conditions and SC -14.02 of the Supplementary Conditions. Prior to Final Completion, progress payments will be made in an amount equal to the value of completed Work, plus the value of stored materials, less retainage, less the aggregate of payments previously made, and less such amounts as FAYETTEVILLE may withhold, in accordance with paragraphs I4.02.B.5 & 14.02.D of the General Conditions: Accelerated Waterlines 00500 (2) Garver No. 0296-3500 • • Retainage: FAYETTEVILLE will retain ten percent of the value of completed Work until such time as 50 percent of the Work has been completed. If 50 percent of'the Work has been completed, as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to FAYETTEVILLE, retainage will be fixed at five percent of the Contract Price. FAYETTEVILLE reserves the right to reinstate retainage at ten percent if the character and progress of the Work become unsatisfactory to FAYETTEVILLE. Stored Materials: FAYETTEVILLE will pay 100 percent of the value of materials and equipment not incorporated in the Work but delivered, suitably stored, insured, and accompanied by documentation satisfactory to FAYETTEVILLE as provided in paragraphs I4.02.B.5 & 14.02.D of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.06 and 14.07.B & C of the General Conditions, FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and famishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that FAYETTEVILLE and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or Accelerated Waterlines 00500 (3) Garver No. 0296-3500 • • assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 6, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 15, inclusive). 7.7. Specifications consisting of Sections as listed in Table of Contents herein. 7.8. Addenda numbers to inclusive. 7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered I Accelerated Waterlines 00500 (4) Garver No. 0296-3500 • • through 11, inclusive with each sheet bearing the following general title: City of Fayetteville Accelerated Waterline Replacement 7.10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1. Notice to Proceed 7.10.2. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to 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). 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. FAYETTEVILLE and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5 Freedom of Information Act: City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the Contractor will do everything Accelerated Waterlines 00500 (5) Garver No. 0296-3500 • • possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-10I et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Accelerated Waterlines 00500 (6) Garver No. 0296-3500 AUG -28-2003 THU 03:32 PM CH_pluebus 013/28/2003 14:52 479-5 282 FAX NO. 16 92977 ENGINEERING C.D. P. 02 PACE 08 IN WITNESS WHEREOF, PAYETTEVILLE and CONTRACTOR have signed this Agreement in six (6) counterparts. One counterpart each has been delivered to PAYETTEVILL.E and ENGINEER, and two ooumtenparts have been delivered to CONTRACTOR All portions of the Contract Documents have been signed, initialed, or identified by FA'YETTEVILLR and CONTRACTOR or identified by ENGINEER on theirbehalf. This Agreement will be effective on , 20 (which S the Effective Date of the Agreement). OWNER. City of Fayetteville CONTRACTOR: Cebu> tektioV-r Cownzac oe% 1 Mayor Tale [CORPORATE SEAL] [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices (If FAYETFEVILI.E is a public body. attach License No. evidence of authority to stgn and resolution or other documents Agent for service of proems: authorizing execution of Agreement) Accelerated Waterlines (If CONTRACTOR is a corporation, attach evidenoe of authority to sign) 00500 (7) (larva Na 0296-3500 • FAYETTEVI LLE THE CITY OF FAYE TTEVIIIE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Sid Norbash Engineering Division From: Clarice Buffalohead-Pearman City Clerk Division Date: October 13, 2003 Re: Res. No. 142-03 Attached please find an executed copy of the above referenced ordinance passed by the City Council, September 16, 2003 approving a contract with Crossland Heavy Contractors, Inc. for the construction phase of the waterline replacement project. This will serve as confirmation that you have received the extra copies of the contract from the city clerk's office last week. The resolution and contract will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the city clerk's office know. /cbp cc. Nancy Smith, Internal Auditor rl U 9 E U' f, fl L c ..1 SPECIFICATIO igRoFILME» AND CONTRACT DOCUMENTS PREPARED FOR 1 J 1 PROJECT PREPARED BY: GARVERENGINEERS Garver Engineers, L.L.C. 3810 Front Street Suite 10 Fayetteville, Arkansas 72703-5217 479-527-9100 FAX 479 527-9101 l