HomeMy WebLinkAbout164-03 RESOLUTION• •
RESOLUTION NO. 164-03
A RESOLUTION AWARDING BID #03-56 AND APPROVING A
CONTRACT WITH SPORT COURT OF ARKANSAS IN THE
AMOUNT OF FORTY-SIX THOUSAND NINE HUNDRED
SEVENTY DOLLARS (546,970.00) FOR THE PURCHASE AND
INSTALLATION OF A POLYPROPYLENE FLOOR COVERING
SYSTEM FOR THE BASKETBALL COURT AT THE YVONNE
RICHARDSON CENTER; AND APPROVING A PROJECT
CONTINGENCY IN THE AMOUNT OF FOUR THOUSAND SIX
HUNDRED NINETY-SEVEN DOLLARS ($4,697.00) 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 Bid #03-56 and approves a contract with Sport Court of Arkansas
in the amount of Forty -Six Thousand Nine Hundred Seventy Dollars ($46,970.00)
for the purchase and installation of a polypropylene floor covering system for the
basketball court at the Yvonne Richardson Center. A copy of the contract,
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 Four Thousand Six
Hundred Ninety -Seven Dollars ($4,697.00) for same.
PASSED and APPROVED this 4th day of November, 2003.
By:
herate-- 440e
SONDRA SMITH, City Clerk
APPROVE
By
DAN COODY, Mayor
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CONTRACT
THIS AGREEMENT, made and entered Into the h day of November, 2003, by and between
the City of Fayetteville, County of Washington, State of Arkansas, and
Sport Court of Arkansas.
WITNESSETH THAT:
WHEREAS, the City of Fayetteville has called for bids for installation of a new gym floor and
related work at Yvonne Richardson Community Center , as set out in the Plans and
Specifications approved by the City of Fayetteville, Arkansas; and
WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, Sport
Court of Arkansas is the lowest and best qualified bidder for the construction of said
Improvements;
NOW THEREFORE, Sport Court of Arkansas agrees with the City of Fayetteville to commence
and complete the construction of:
Bid No. 03-56 which shall be the installation of a gym floor and related work for The City of
Fayetteville, Arkansas, in accordance with the bid schedule, plan drawings, the contract
documents including the project specifications, including all work required for a complete and
acceptable installation, for the unit and lump sum prices bid in the Bid Proposal, all of which
become and are a part of this Contract, the total sum thus being
Forty Six Thousand, Nine Hundred Seventy Dollars
(:46,970.00 ), such sum being the agreed amount upon which bonds and liabilities are based,
and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment,
tools, supervision, bonds, insurance and other accessories and services necessary to complete
the said construction in accordance with the conditions and prices stated in the Bid attached
hereto and made a part hereof, and in accordance with the Technical Specifications, the
General Conditions, the Supplementary Conditions, and in accordance with the Plans, which
include all blueprints, and other drawings, and written or printed explanatory matter thereof.
Sport Court of Arkansas will comply with the applicable Federal and State requirements and
conditions of employment to be observed and minimum wage rates to be paid under this
contract.
Sport Court of Arkansas agrees to commence work under this contract within ten days of the
issuance of the Notice to Proceed and totally complete all work within thirty (30) calendar days.
The City of Fayetteville agrees to pay Sport Court of Arkansas In current funds for the
performance of the contract in accordance with the accepted Bid, subject to additions and
deductions, as provided in the Specifications, and to make payment on account thereof as
provided below.
As soon as is practicable after completion of the job, and in accordance with the bid
Specifications, the City of Fayetteville will make payments to Sport Court of Arkansas for work
performed , based upon the project manager's approval of work completed, said invoice being
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certified by Sport Court of Arkansas and accepted by the City of Fayetteville.
Time is hereby expressly declared to be of the essence of this contract, and the time of
beginning, manner of progress and time of completion of the work hereunder shall be and are
essential conditions hereof.
Sport Court of Arkansas agrees to commence work within ten (10) calendar days from the date
of the Notice to Proceed and to proceed with the construction of the work and to prosecute the
work with an adequate force and in a manner so as to complete the work within the time
stipulated herein. If Sport Court of Arkansas fails in completing the contract within the time
stipulated herein, Sport Court of Arkansas agrees to pay the City of Fayetteville, as liquidated
damages the sum of one hundred dollars ($100.00) per day for each calendar day of delay in
completion, said amounts being fixed and agreed upon by and between the parties hereto.
Because of the impracticability and extreme difficulty in fixing and ascertaining the actual
damages City of Fayetteville would in such event sustain, said amounts are to be presumed by
the parties to this contract to be the amounts of damage City of Fayetteville would sustain in
related costs. Said amounts of liquidated damages shall be deductible from any amount due
Sport Court of Arkansas under the Final Estimate of said work, after the completion thereof, and
Sport Court of Arkansas shall be entitled to the Final Estimate Tess such amounts of liquidated
damages.
1f Sport Court of Arkansas is delayed at any time in the progress of the work by any act or
neglect of the City of Fayetteville or of the City of Fayetteville's employees, or by any other
Contractor employed by the City of Fayetteville, or by changes ordered in the work, or by
strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes
beyond Sport Court of Arkansas's control, or by any cause which the Project Manager shall
decide to justify the delay, then the time of completion shall be extended for such reasonable
time as the Project Manager may decide.
No such extension shall be made for delay occurring more than seven days before claim
therefore is made in writing to the Project Manager. In the case of a continuing cause for delay,
only one claim is necessary.
In the event Sport Court of Arkansas abandons the work hereunder or fails, neglects or refuses
to continue the work after ten (10) days written notice, given Sport Court of Arkansas by the City
of Fayetteville, then the City of Fayetteville shall have the option of 1) declaring this contract at
an end, in which event the City of Fayetteville shall not be liable to the Sport Court of Arkansas
for any work theretofore performed, or 2) requiring the surety hereto, upon ten (10) days notice,
to complete and carry out the contract of Sport Court of Arkansas; and in that event, should the
surety fall, neglect or refuse to carry out said contract, 3) said City of Fayetteville may complete
the contract as its own expense and maintain an action against Sport Court of Arkansas and the
surety hereto for the actual cost of same, together with any damages or other expense sustained
or incurred by City of Fayetteville in completing this contract, Tess the total amount provided for
hereunder to be paid Sport Court of Arkansas upon the completion of this contract.
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.
Sport Court of Arkansas shall ensure that the City of Fayetteville receives Tien waivers from all
material suppliers, subcontractors and sub -subcontractors and before work begins on the
project. Sport Court of Arkansas shall give written notice to the material suppliers,
subcontractors and sub -subcontractors providing work on the project that states the following;
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"According to Arkansas Law, it is understood that no liens can be filed against public property
if a valid and enforceable payment and performance bond is in place. The contractor shall have
each subcontractor, sub -subcontractor and material supplier execute a written receipt
evidencing acknowledgment of this statement prior to commencement of the work of the
subcontractor, sub -subcontractor or material supplier.
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 Sport Court of Arkansas 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 cost pursuant
to the FOIA may be assessed for this compliance."
Sport Court of Arkansas shall hold harmless, defend and indemnify the City from any and all
claims, actions, suits, charges and judgments whatsoever that arise out of performance or
nonperformance of the services or subject matter called for in this contract, provided that nothing
herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City
of Fayetteville under the Constitution and Statutes of the State of Arkansas.
This contract shall be binding upon the heirs, representatives, successors or assigns of the
parties hereto, including the surety.
IN WITNESS WHEREOF, the City of Fayetteville and Sport Court of Arkansas have hereto set
their hands and seals, respectively.
Witness
'If corporation, secre r -should attest.
Sport Court of Arkansas
Firm Name
By: it
/// /%iAl`' eJ1 {
&JIQ4 htn er
Title of Authorized Person
CITY OF F YETTEVILLE, ARKANSAS
Dan Coody, Mayor
Attest:
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Sondra Smith, City Clerk
End of Contract
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
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Resolution No. 164-03
Document
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1
11.4.03
Res. 164-03 w/contract
2
10.9.03
memo to mayor & city council
draft
resolution
copy of
bid tabulation
copy o proposal form
copy of bid specifications
copy of plan
staff review
form
NOTES:
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/GS
See Cater el
November 4, 2003 City Council Meeting BR/4/D + 4,..7 4 5/
B e,� _SG
TO: Mayor Dan Coody and the Fayetteville City Council
THROUGH: Stephen Davis, Director of Financial and Internal Services)
FROM: Coy Hurd, Project Manager
DATE October 9, 2003
SUBJECT:
a resolution approving a contract with Sport Court Company (in the
amount of $46,970) for the purchase and installation of a polypropylene
floor covenng system for the Yvonne Richardson Center. Also requested
is the approval of a project contingency fund of $4,697.
Recommendation:
Staff recommends the approval of the contract and contingency fund.
Background:
On September 26, 2003, a bid was held for the purpose of selecting a vendor for
the purchase and installation of a high -impact, polypropylene floor covering system.
This floor system is to be installed at the Yvonne Richardson Center on the basketball
court area. The intention of this effort is to have a floor that can be used for various
community activities while (at the same time) meeting the specialized needs of a
basketball court. The installation of the polypropylene covering will allow the mixed use
of the facility without the problems associated with having to cover the surface when
other activities are underway in an effort to prevent scuffing and abrasions. The
polypropylene floor can accommodate all of these diverse activities.
Discussion:
To stimulate interest in this bid, several vendors were contacted by Purchasing
Staff regarding the work. Regardless of this effort, only one vendor returned a viable
bid, the Sport Court Company of Benton, Arkansas. The attached bid tabulation form
shows their bid of $50,520 for the work. An amount of $3,550 was negotiated from the
original bid price, resulting in a $46,970 cost for the floor work.
Preparatory work will have to be done in the building before the floor can be
installed. An edge will have to be installed to accommodate the straight application of
the floor. This work is not in Sport Court's scope of work and will have to be
accomplished by a third party contractor who is yet to be selected. My estimation of this
preparatory work is in the neighborhood of $6,000.
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Memo of October 9, page two
Budget Impact:
The Public Facilities and Improvements Category of the Community
Development Fund will be impacted by this $46,970 contract and $4,697 contingency:
$46,970 + $4,697 = $51,667.
• •
RESOLUTION NO.
A RESOLUTION AWARDING BID #03-56 AND APPROVING A
CONTRACT WITH SPORT COURT OF ARKANSAS IN THE
AMOUNT OF FORTY-SIX THOUSAND NINE HUNDRED
SEVENTY DOLLARS ($46,970.00) FOR THE PURCHASE AND
INSTALLATION OF A POLYPROPYLENE FLOOR COVERING
SYSTEM FOR THE BASKETBALL COURT AT THE YVONNE
RICHARDSON CENTER; AND APPROVING A PROJECT
CONTINGENCY IN THE AMOUNT OF FOUR THOUSAND SIX
HUNDRED NINETY-SEVEN DOLLARS (54,697.00) 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 Bid #03-56 and approving a contract with Sport Court of
Arkansas in the amount of Forty -Six Thousand Nine I-lundred Seventy Dollars
(546,970.00) for the purchase and installation of a polypropylene floor covering
system for the basketball court at the Yvonne Richardson Center. A copy of the
contract, 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 Four T usa'nd Six
Hundred Ninety -Seven Dollars ($4,697.00) for same.
PASSED and APPROVED this 4th day of November, 2103i.
APPROVED:
ATTEST:
By
NDRA IT ' , City Clerk
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PROPOSAL FORM
Total price for this protect shall include bbelelleton, post a nstucton cleanups etc. and sales taxes
regulated in (OR -21) Arkansas Ospartrnent d Finance and Adr on.
Total Bid
150,50
The Bidder understands be Clly of Fayetteville reserves the right to refect any or all bidsarid b
wave familia, deemed to be in the We best interest.
Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30)
calender days after the schedule dosing time for receiving bids.
CONTRACTORS NAME
CONTRACTORS UCENSE t+
CONTACT PERSON
TITLE
SIGNATURE:
Sport Court
00714684.04
Qifi Lafleur
�r�ner
700 Minion Road
&titn 11R -7a4t(
(500)3«-a,255 FA1((5oO3Ko -/U30
bitosaA,
AN inclusive bids must be submitted no later than September 26, 2003 at 260 p.m., b the City d
Fayetteville, Radiating OINoe, Room 306,113 West Mountain Skeet, Fayettsvale, Moines
72701 In a sealed envelope marked 'Yvonne Richardson Center Floor brproiament Pmjecr 'Bid
0368.' Soh bidder Mil be required to meat or exceed the specifications attached. Any
deviation must be nosed oath spscMbations atisched to bid. Questions should be deeded b
Ben Sell, C61r of FaydsewNk Phrdmhg OMeion, (479) 575.6220.
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Bid Specifications
Bid 03-56
Yvonne Richardson Center
Materials
• Tile should be a positive locking, solid top high impact polypropylene
with copolymer suspended modules.
• Court Surface must have wood grain print.
• Underlayment must be made of recycled rubber and have a density of no
less than 40 lbs. per cubic foot
Maintenance Equipment
• Dealer will provide a walk behind power cleaner to clean floor surface.
(Example of Acceptable Equipment would be a Power Flight Pas 20
Rechargeable Cordless Cleaner)
• Dealer will provide one training session to educate center personnel in
operation of equipment and chemicals.
Installation
• All flooring will be installed and or supervised by and authorized factory
trained dealer per the most recent installation instructions set for by the
manufacturer.
Warranty
• All flooring shall be warranted by the manufacturing for any defects in
materials and workmanship for a period of ten (10) years form the date
of purchase.
• All warranties that are not full coverage for the 10 year period should be
included in the bid for consideration.
Court Layout and dimensions
• Court Diagram ( Used to illustrate dimensions colors and lettering )
o Details Colors to be used on flooring
o All standard game lines for Basketball and volleyball courts will be
included.
o All lettenng should follow instructional guidelines on diagram.
o Any questions regarding the layout of the diagram should be
directed towards Ben Bell in the Purchasing Division at
(479-575-8220) or bbell@a.fayettevdle.ar.us
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AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
STIP REVIEW FORM - FINANCIAL OBLIGON
For the Fayetteville City Council Meeting of: November4,2003
FROM:
Coy Hurd Building Services Financial and Intemal Services
Name
Division Department
ACTION REQUIRED: Action required includes the consideration and acceptance of a contract in the amount of
$46,970 for the purchase and installation of a polypropylene floor covering system for the basketball court at
the Yvonne Richardson Center. In addition, a contingency fund of ten percent is requested. $46,970 +
$4,697 = $51,667.
$51,667.00 S 58,224.00 Service and Charges
Cost of this request
Category/Project Budget Program Category / Project Name
2180-4990-5390-24 S 150.00 Public Facilities and Improvements
Account Number
Funds Used to Date Program / Project Category Name
0 2 1) p I S 58,074.00 Community Development
Project Number
Remaining Balance Fund Name
BUDGET
REVIEW:
Budget Manager
Budgeted Item Budget Adjustment Attached
/d -/6 'v)
Date
CONTRACT/GRANT/LEASE REVIEW:
rusdzia,�;
Accounting Manager
City Atto ey
/0.74 z3 /9 I (44 -4 ra
Date IRteern�al /A
/4//6/qj
Date
Stu ttoifto/03
itor
Date
101112103
Purchasing Manager Date
STAFF RECOMMENDATION:
Division Head Date
Department Director Date
Services Dir.
/0- (7-03
Date
Chief
inistrative Officer
Date
May
r
Date
Received in Mayor's Office
Date .V_
Cross Reference:
Previous Ord/Resp:
Orig. Contract Date:
Orig. Contract Number:
New Item: Yes No