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HomeMy WebLinkAbout180-03 RESOLUTIONRESOLUTION NO.180-03 A RESOLUTION AWARDING BID #03-66 TO APAC-ARKANSAS, INC. IN THE AMOUNT OF TWENTY-EIGHT THOUSAND FIFTEEN DOLLARS ($28,015.00) TO REPLACE A REMAINING WALL AT THE CHURCH AVENUE EMPLOYEE PARKING LOT; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF TWO TIIOUSAND EIGIIT HUNDRED ONE DOLLARS ($2,801.00). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards Bid #03-66 TO APAC-Arkansas, Inc. in the amount of Twenty - Eight Thousand Fifteen Dollars ($28,015.00) to replace a retaining wall at the Church Avenue employee parking lot. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a project contingency in the amount of Two Thousand Eight Hundred One Dollars (52,801.00). PASSED and APPROVED this 2"d day of December, 2003. fraTr fk J. '1: �l Q f ♦ ct;• t By: i APPROVED: By: SONDRA SMITH, City Clerk • CONTRACT • THIS AGREEMENT, made and entered into the c.2,nd day of December, 2003, by and between the City of Fayetteville, County of Washington, State of Arkansas, and APAC —ARKANSAS, INC. WITNESSETH THAT: WHEREAS, the City of Fayetteville has called for bids to replace a retaining wall at the Church Avenue employee parking lot, as set out in the Plans and Specifications approved by the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, APAC- ARKANSAS, INC is the lowest and best qualified bidder for the construction of said Improvements; NOW THEREFORE, APAC-ARKANSAS, INC agrees with the City of Fayetteville to commence and complete the construction of: Bid No. 03-66 which shall be the replacement of a retaining wall at the Church Avenue employee parking lot and related work for The City of Fayetteville, Arkansas, in accordance with the bid schedule, plan drawings, the contract documents including the project specifications, including all work required for a complete and acceptable installation, for the unit and lump sum prices bid in the Bid Proposal, all of which become and are a part of this Contract, the total sum thus being Twenty -Eight Thousand Fifteen Dollars. ($ 28,015.00 ), 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. APAC-ARKANSAS, INC 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. APAC-ARKANSAS, INC 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 APAC-ARKANSAS, INC 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 APAC-ARKANSAS, INC for work performed , based upon the project manager's approval of work completed, said invoice being certified by APAC-ARKANSAS, INC 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. 1 • • APAC-ARKANSAS, INC 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 APAC-ARKANSAS, INC fails in completing the contract within the time stipulated herein, APAC-ARKANSAS, INC 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 APAC-ARKANSAS, INC under the Final Estimate of said work, after the completion thereof, and APAC-ARKANSAS, INC shall be entitled to the Final Estimate less such amounts of liquidated damages. If APAC-ARKANSAS, INC 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 APAC- ARKANSAS, INC'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 APAC-ARKANSAS, INC abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given APAC-ARKANSAS, INC 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 APAC-ARKANSAS, INC for any work theretofore performed, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of APAC-ARKANSAS, INC; and in that event, should the surety fail, 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 APAC-ARKANSAS, INC 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, less the total amount provided for hereunder to be paid APAC-ARKANSAS, INC 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. APAC-ARKANSAS, INC shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub -subcontractors and before work begins on the project. APAC-ARKANSAS, INC shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: "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 APAC-ARKANSAS, INC will do everything possible to provide the documents 2 • • • in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act. (A.CA. 25-19-101 et. Seq.) Only legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance." APAC-ARKANSAS, INC 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 APAC-ARKANSAS, INC have hereto set their hands and seals, respectively. ness' 'If corporation, secretary should attest. FAV(,;• rot 10► r e Attest: Sondra Smith, City Clerk End of Contract APAC-ARKANSAS INC Firm Name By: / wJ 4. 44) h'111;. We;142.64fti Title of Authorized Person CITY OF FAYETTEVILLE, ARKANSAS Dan Coody, Mayo 3 NAME OF FILE: CROSS REFERENCE: Item # Date Resolution No. 180-03 Document 1 10.31.03 memo to mayor & city council draft resolution Bid No. 03-66 copy of proposal form copy of Contractors License No. 0011841203 copy of Certificate of Insurance copy of bid tabulations staff review form NOTES: FAYETTEVtLLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • Rts //2/o3 ,10 o'd tto3 -6G/i1 129C fir/Comers yNL December 2, 2003 City Council Meeting TO: Mayor Dan Coody and the Fayetteville City Council THROUGH: Stephen Davis, Director of Internal and Financial Services FROM: Larry Rennie, Building Services Supervisor DATE: November 3, 2003 SUBJECT: A resolution approving a contract with Apac-Arkansas for replacement of a retaining wall adjacent to the employee parking lot Recommendation: Staff recommends approval of this contract and project contingency fund. Background: On October 30, 2003, a bid was opened regarding work proposed to be done on an existing retaining wall adjacent to the employee parking lot on Church Street. The scope of this work is the removal of an existing wall and its replacement with a concrete structure conforming to specifications developed by the City's Engineering Department. Of the four bids received and opened by the Purchasing Department, the low bid was from the Apac-Arkansas Company. This bid was $28,015.00. Discussion: A retaining wall adjacent to the Church Street employee parking lot was constructed approximately twenty-five years ago. This wall was constructed when the Interim City Hall Building was built. The wall was constructed of penta treated cross -ties that have deteriorated with the passage of time. Now the wall has deteriorated to the point that a replacement wall should be constructed. To facilitate this effort, the above referenced bid was initiated. Staff recommends that the October 30'h bid be accepted along with a ten percent contingency fund. The contract and contingency will amount to $30,817.00. Budget Impact: The cost of the request ($30,817.00) was budgeted as part of the Building Improvement Project. • • RESOLUTION NO. A RESOLUTION AWARDING BID #03-66 TO APAC-ARKANSAS, INC. IN THE AMOUNT OF TWENTY-EIGHT THOUSAND FIFTEEN DOLLARS ($28,015.00) TO REPLACE A RETAINING WALL AT THE CHURCH AVENUE EMPLOYEE PARKING LOT; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF TWO THOUSAND EIGHT HUNDRED ONE DOLLARS ($2,801.00). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards Bid #03-66 TO APAC-Arkansas, Inc. in the amount of Twenty - Eight Thousand Fifteen Dollars ($28,015 00) to replace a retaining wall at the Church Avenue employee parking lot. i ' - 'ti Section 2. That the City Council of the City of Fayettevbilles°Ark nsas, hereby approves a project contingency in the amount of o i gusarid Eight Hundred One Dollars ($2,801.00). CA PASSED and APPROVED this 18th day of N vember, 200. A PROVED: i H a ATTEST: By: SONDRA SMITH, City Clerk By:‘ r. C #DAN COODY, Mayor • • City of Fayetteville, Arkansas Bid 03-66 Employee Parking Lot Retaining Wall General Information and Specifications: The City of Fayetteville is accepting price proposals from bidders to provide a turn -key project for the stabilization of the existing employee parking lot retaining wall. Proposals shall conform to specific specifications set forth by the Building Services Division located at 115 S. Church Avenue, Fayetteville, AR 72701. Contact person for this project is Larry Rennie at Building Services (479) 575-8363. Contractors must review plans and specifications and are encouraged to visit the site to verify site size, shape, condition and accessibility before submitting their bids. (The parking lot is located directly behind the building services offices where you will pick up your specifications packet). Proposals must conform to the following specifications and include appropriate evidence for each: 1. Bidder shall have a state of Arkansas Contractors License. 2. Bidder shall have workers' compensation as required by Arkansas State statutes. 3. Bidder shall have general liability insurance as required at a minimum of $500,000. 4. A bid bond of 5% shall be submitted with the bid and a 100% performance/payment bond will be required upon contract approval. The successful bidder will be responsible for providing the following 1. Provide all labor, equipment, materials and supplies needed to complete the job as specified. 2. Removal and cleanup of all debris and construction materials after installation. 3. A $100.00 per day penalty shall be assessed for each day over the 30 day required delivery date. Any deviation must be noted with specifications attached to bid. 4. Bad weather days will be considered and allowed when appropriate. 5. Project will not be accepted until the City approves the work after construction. It is the contractor's responsibility to supervise area. Construction Notes for Retaining Wall Project 1. Contractor shall take full responsibility in providing all necessary items to stabilize the existing retaining wall and/or slope. 2. The utilities have not been located on these plans. The contractor shall be responsible for notifying Arkansas One Call prior to beginning any construction and shall have all utilities field located. Telephone: 1-800-482-8998 3. The contractor shall remove and dispose of existing railroad tie retaining wall. 4. The existing asphalt parking lot shall be saw cut and the existing asphalt and curb shall be removed and disposed of in a proper manner. 5. The contractor shall back sill behind the retaining wall to match the final contours. A minimum of 4" of Topsoil shall be placed behind the wall with seed and mulch. 6. The City of Fayetteville shall provide horizontal and vertical control with coordinates and elevations. • • PROPOSAL FORM Total price for this project shall include installation, post construction cleanup, etc. and sales tax as regulated in Arkansas Department of Finance and Administration, GR -21 (Attached). Total Bid $ 2841 . oa The Bidder understands the Owner reserves the right to reject any or all bids and to waive formalities deemed to be in the City's best interest. Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the schedule closing time for receiving bids. APAC- Arkansas, Inc. McClinton -Anchor Dtv. CONTRACTORS NAME CONTRACTORS LICENSE # CONTACT PERSON TITLE ADDRESS EMAIL ADDRESS TELEPHONE SIGNATURE: 00111417-0 _'_COaiect_Eli oeic_21EarrmASaa__ p,o. go•_!%7 1-Allsscat u.G ra._ "12102, — _loy 5JEL3�15 FAX stsd, dec. All inclusive bids must be submitted no later than Oct. 31st, 2003 at 2:00 p.m., to the City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas, 72701 in a sealed envelope marked "Employee Parking Lot Retaining Wall" "Bid 03-66." Each bidder will be required to meet or exceed the specifications. Any deviation must be noted with specifications attached to bid. Questions should be directed to Larry Rennie, City of Fayetteville Facilities Maintenance, (479) 575-8363. License No. 0011841203 • State of Arkansas Contractors Licensing Board AI'AC-ARKANSAS, INC. & DIVISIONS PO BOX 1367 FAYETTEVILLE, AR 72702 This is to Certify That APAC-AILKANSAS, INC & DIVISIONS is duly licensed under the provisions of Act 150 of the 1965 Acts as amended and is entitled to practice Contracting in the State of Arkansas within the following classification: HIGHWAY, RAILROAD, AIRPORT CONSTRUCTION MUNICIPAL & UTILITY CONSTRUCTION with the following suggested hid limit UNLIMITED from January 24, 2003 when this Certificate expires. until December 31, 2003 Witness our hoods of the Bawd. doled or Lane RocA. Arkonsa ifse CHAIRMAN SECRETARY January 24, 2003 ICERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTERINFORMATION ONLY AND CONFERS NO RIGHTS UP N THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW Name and Address of Agency United Service Agency, Inc. Post Office Box 11765 Lexington, Kentucky 40577 Company Companies Affording Coverages Letter A B C Pacific Employers Insurance Company Bankers Standard Insurance Company Name and Address of Insured APAC—Arkansas, Inc. McClinton-Anchor Division P.O. Box 1367 240 North Block Fayetteville, AR 72702 D E F G Fi I This is to certify that pollees of Insurance listed below have been issued to the Insured named above and are in force at Ibis time. Company Letter Type of Insurance Policy Number Policy Expiration Date Lands of LiabMly m Thousands (000) Each Occurrence Policy Aggregate A GENERAL LIABILITY 0 COMPREHENSIVE FORM I] PREMISES. OPERATIONS 0 E)ROSO.N MOCCOPSE HAZARD I 1 UHOEROFDNCIHAZARD I] PROODCTSCOMPLETED OPERATIONSHAZARD O CON1RAC7I J. !MANCE 0 mato raw morERTY SWAGE O RIOEPENCENT CONTRACTORS E PERSONAL Worm LAB 26610 Effective: 12/1/02 12/01/05 PERSONAL INJURY INCLUDING BODILY INJURY PROPERTY DAMAGE $ $ $ $ PERSONAL INJURY, BOD:LYINJURY AND PROPERTY DAMAGE COMBNED $ 1,000 $ 1,000 A AUTOMOBILE LIABILITY 0 COIPRENENSYE FARM © ONMED a HRED 0 NON-0NNED LAB 26610 Effective: 12/1/02 12/01/05 BODILY INJURY (EACH PERSON) BODILY INJURY (EACH OCCURRENCE) $ $ PROPERTY DAMAGE $@ BODILY INJURY AND ROPERTY DAMAGE COMBINE $ 1 ,000 EXCESS LIABILITY 0 imenrArceu ❑ OTHER THAN UMBRELLA FORM B00ILY INJURY AND PROPERTY DAMAGE COMBINED $ $ B WORKERS COMPENSATION and EMPLOYERS LIABILITY WLR C 4298985A 12/01/03 STATUTORY $ 1,000 (EACH ACCIDENT) $ $ $ $ DE SCRIPTION OF OPE RATIONS/.00ATIONSNEHICL s CANCELLATION Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the Company. Name and Address of Certificate Holder Date Issued-. iVOCICED •OMrfl i• I N N rri Z 0 0 0 0 ✓ a v 71, poop 1 2 g w O • i U 0 sail d0 NOM/ -man O 00 N ❑ ❑ 6 ❑ ❑ hi MitE, �� S 7-n -A- ;. ( n O D is O �-, s iwg ;4. - wt c�nn M 6 .N r. r o -, LA r•- 1 �q c>1 -9 cn C - 0 / N v �oC o = to n 0 0 • i • i c J k____, 1 U 0 sail d0 NOM/ -man O 00 N ❑ ❑ 6 ❑ ❑ � 7 a O O O 0 O 0 Mb 4Ib • $ ci 4 :",... v:^:'.Y'r, m 'n ''K<Mu.: •.:v-.wiv..-^'l^ .,n•rr..fY.c«r.....:.. /t •MICNI 'S . •.;...; y. M 9 s5 000 sant AO NOIsVln8V1 A g 0 O ❑ ❑ >4 T >4T )4 mii T v4 �. O " v: T m 5 11 o in It R? Is -•rr S v: -c -T. (w c 9 -I -k P• r: 9 .' J. c-' M G S IN c, J. _4 CA O '-i N) n v N O N `J ; G • g 2 g M 9 s5 000 sant AO NOIsVln8V1 A g 0 O ❑ ❑ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW ST. REVIEW FORM - FINANCIAL OBLIA ON For the Fayetteville City Council Meeting of: (9 - November -48, 2003 FROM: Larry Rennie Name Building Services Division FISD Department ACTION REQUIRED: Replace retaining wall in employee parking lot for the sum of $28,015.00 plus a contingency of $2,801.00. 0/, b. COST TO CITY: $30,817.00 $31,000.00 Cost of this request Category/Project Budget, 4470.9470.5819.00 $150.00 Account Number Funds Used to Date 03035-1 $ 30,850.00 Project Number Remaining Balance Emp. Parking Lot Retaining Wall Program Category / Project Name Other Capitol Improvements Program / Project Category Name Sales Tax Capitol Fund Fund Name BUDGET REVIEW: X Budgeted Item Budget Manager 11 -Io- °3 Date Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: i oiDaliio 414./ 4 gni £it rm counting Mank r City Attorney al •c f a3 au Date Int'grnal Aud .or (1ia4 2 Date Purchasing Manager //42103 Date Date STAFF RECO624ENDATION: Division Head Department Director Finance s Internal Services Dir. Chief ist ive Officer i Mayor Date Date 11-13- 03 Date Date lit VA) Date Received in Mayor's Office Cross Reference: Previous Ord/Resp: Orig. Contract Date: Orig. Contract Number: New Item: Yes No 411 • Staff Review Form - Page 2 Description Meeting Date November 18, 2003 Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager� "11-9-t-“7"V&w I . W OnCL Reference Comments: Q, 5. -P haatK$. ,...�a„�c✓] R4.00°lo i� ;.n nt�uvf� ADA Coordinator Internal Auditor No ctfrctck 10 review Cit P00?2e-na.P Y&J4ra .e /1 L Grants Coordinator