HomeMy WebLinkAbout190-06 RESOLUTIONRESOLUTION NO. 190-06
A RESOLUTION APPROVING A CONTRACT WITH THE
SOUTHERN COMPANY OF NLR, INC. IN THE AMOUNT OF
$231,738.00 FOR THE PURCHASE AND CONSTRUCTION OF FUEL
TANKS AND DISPENSING SYSTEM AT THE HAPPY HOLLOW
MAINTENANCE COMPLEX; AND APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $256,738.00 WHICH
INCLUDES $25,000.00 FOR SITE PREPARATION, CONCRETE AND
ASPHALT
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
approves a contract with Southern Company of NLR, Inc. in the amount of $231,738.00
for the purchase and construction of fuel tanks and dispensing system at the Happy
Hollow Maintenance Complex.
Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby
approves a Budget Adjustment in the amount of $256,738.00 which includes $25,000.00
for site preparation, concrete and asphalt. lllllll tVTR,,,l
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City of Fayetteville
Bid 06-60, Fuel Tanks and Dispensing System
Contract
This contract executed this 41ftday of /Liettmb4r , 2006, between the City of Fayetteville, Arkansas, and The
Southern Company NLR Inc. In consideration of the mutual covenants contained herein, the parties agree as follows:
I. The Southern Company NLR Inc. at its own cost and expense shall furnish all labor, materials, supplies, machinery,
equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete
invitation to bid 06-60 as stated in The Southern Company NLR Inc. proposal, and in accordance with specifications attached
hereto and made a part hereof under BID 06-60, all included herein as if spelled out word for word.
2. The City of Fayetteville shall pay The Southern Company NLR Inc. based on their proposal in an amount not to exceed
$231,738.00. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be
made approximately 30 days after receipt of invoice.
3. The Contract documents which comprise the contract between the City of Fayetteville and The Southern Company NLR Inc.
consist of this Contract and the following documents attached hereto, and made a part hereof:
Proposal form identified as Bid 06-60 with the specifications and conditions typed thereon.
B. The Southern Company NLR Inc. proposal.
C. The Notice to Prospective Bidders and the Bid Tabulation.
4. These Contract documents constitute the entire agreement between the City of Fayetteville and The Southern Company NLR
Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and The Southern
Company NLR Inc.
5. The Southern Company NLR Inc. shall not assign its duties under the terms of this agreement.
6. The Southern Company NLR Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville,
against any and all claims for property damage, personal injury or death, arising from The Southern Company NLR Inc.
performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth
under Arkansas Law.
7. The Southern Company NLR Inc. shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that
he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the
contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee
engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, The Southern
Company NLR Inc. shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for
the protection of such of his employees as are not otherwise protected.
The premiums for all insurance and the bond required herein shall be paid by The Southern Company NLR Inc. and shall
be for the amounts listed in Bid 06-60.
8. The Southern Company NLR Inc. to furnish proof of licensure as required by all local and state agencies.
9. This contract may be terminated by the City of Fayetteville or The Southern Company NLR Inc with 10 days written notice.
10. 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 photo coping costs
pursuant to the FOIA may be assessed for this compliance.
11. Changes in Scope or Price: 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."
CITY OF FAYETTEVILLE,
FAYETTEVILLE, ARKANSAS
The Southern Company of NLR, Inc.
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2006
Department: Operations
Division: Fleet Operations
Program: Capital Expenditures
Date Requested
11/3/2006
Adjustment Number
Project or Item Added/Increased:
Increase the Fuel Storage Improvements - Replacement
Project by $256,738.
Project or Item Deleted/Reduced:
None. Use of Shop Fund Balance by $256,738.
Justification of this Increase:
Construction of fuel tanks and dispensing system at Happy
Hollow maintenance complex will implement the use of
biodiesel fuel for all diesel vehicles. It will reduce travel
miles and time to existing site on Razorback Road which is
scheduled to close next year. It will also improve fuel
accountability by replacing the obsolete Gasboy system.
Justification of this Decrease:
There are sufficient reserves available for the purchase of
the Fuel Storage System. The fuel charges will be increased
by a small markup to recover the cost of the equipment.
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number
Fixed assets
Account Name
Amount Project Number
9700 1920 5801 00 256,738 '02101
Decrease Expense Budget (Increase Revenue Budget)
Account Number Amount
Use of fund balance
9700 0970
4999 99 256,738
1
Project Number
Approval Signatures
-4o..r- // -3 -6
Requested By Date
) _off
B dget Manager Date
06
Department Dir tor Date
FcJ Q . f ..Q„ t I - crop
Finance & Internal Sces D ector
Mayor
Dat
%//Ikv t
Date
Budget Office Use Only
A B C
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
E
Initial Date
Initial Date
Initial Date
4
David Bragg
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
21 -Nov -06
City Council Meeting Date
Fleet Operations
Division
Action Required:
Operations
Department
A resolution awarding Bid #06-60 and a contract to The Southem Company NLR, Inc. in the amount of $231,738.00
for the purchase and construction of Fuel Tanks and Dispensing System at the Happy Hollow maintenance complex
and approval of the budget adjustment to move funds to the Fleet Expense account. The cost of the request
includes $25,000 for site preparation, concrete and asphalt.
$256,738.00
Cost of this request
9700.1920.5801.00.
Account Number
02101
Project Number
Budgeted Item
19,900.00
Category/Project Budget
19,900.00
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
X
Fuel Storage Improvements-Replcmt
Program Category / Project Name
Fixed Assets
Program / Project Category Name
Shop Fund
. Fund Name
Department Dire tor
\A•06
Date
City Attorne
ate
Itjt/bb
Mayor
Previous Ordinance or Resolution # n/a
Original Contract Date:
Original Contract Number:
n/a
n/a
Comments:
•
aye evtie
Interdepartmental Correspondence
FLEET OPERATIONS
1525 S. Happy Hollow Road
Fayetteville, AR 72701
To: Mayor/City Council
Thru: Gary Dumas, Director of Operations
From: David Bragg, Fleet Operations Superintendent
Date: November 2, 2006
Subject: Award of Fuel Facility Construction Bid
RECOMMENDATION: That City Council approve the award of a construction contract for fuel
tank and dispensing facilities at Happy Hollow Road — Fleet Operations Division in the amount
of $231,738 00.
BACKGROUND: Bid #06-60 was opened on October 30, 2006 for construction of Fuel Tanks
and Dispensing System at the Happy Hollow maintenance complex. One bid response was
received.
The construction bid from The Southern Company NLR, Inc. of Fort Smith meets all
specifications The Southern Company installed the existing fuel facility at Church Street and
has experience with biodiesel facilities.
I recommend acceptance of the construction bid from The Southern Company in the amount of
$231,738.00
Construction of this facility will provide the following benefits to the City of Fayetteville:
1. Implement Biodiesel fuel for all diesel powered vehicles.
2 Reduce travel miles and time to existing site on Razorback Road, improving crew
productivity.
3. Improve the City's competitive position for fuel purchases.
4. Improve fuel accountability by replacing the obsolete GASBOY system.
Total cost of this project is $256,738.00 (bid price of $231,738 plus $25,000 for site preparation,
concrete and asphalt.) Funds are available for a budget adjustment to fund this purchase from
the Shop Fund. Funds will be recovered through a fuel markup per gallon dispensed.
The Equipment Committee approved award of this contract from bid 06-60 in the meeting on
October 31, 2006.
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH THE
SOUTHERN COMPANY OF NLR, INC. IN THE AMOUNT OF
$231,738.00 FOR THE PURCHASE AND CONSTRUCTION OF FUEL
TANKS AND DISPENSING SYSTEM AT THE HAPPY HOLLOW
MAINTENANCE COMPLEX; AND APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $256,738.00 WHICH
INCLUDES $25,000.00 FOR SITE PREPARATION, CONCRETE AND
ASPHALT.
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
approves a contract with Southem Company of NLR, Inc. in the amount of $231,738.00
for the purchase and construction of fuel tanks and dispensing system at the Happy
Hollow Maintenance Complex.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
approves a Budget Adjustment in the amount of $256,738.00 which includeele 5 000.0
for site preparation, concrete and asphalt.
PASSED and APPROVED this 21st day of November
F VI
a eye e
ARKANSAS
•
Equipment Committee Correspondence
FLEET OPERATIONS
1525 S. Happy Hollow Road
Fayetteville, AR 72701
TO: City of Fayetteville, Equipment Committee
Robert Reynolds, Chairman Bobby Ferrell
Kyle Cook Lioneld Jordan
FROM: David Bragg, Fleet Operations Supt
DATE: October 31, 2006
SUBJECT: Award of Fuel Facility Construction Bid
Bid #06-60 was opened on October 30, 2006 for construction of Fuel Tanks and Dispensing System
at the Happy Hollow maintenance complex. One bid response was received.
The construction bid from The Southern Company NLR, Inc. of Fort Smith meets all specifications.
The Southern Company installed the existing fuel facility at Church Street and has experience with
biodiesel facilities.
I recommend acceptance of the construction bid from The Southern Company in the amount of
231,738.00
Construction of this facility will provide the following benefits to the City of Fayetteville:
1. Implement Biodiesel fuel for all diesel powered vehicles.
2. Reduce travel miles and time to existing site on Razorback Road, improving crew
productivity.
3. Improve the City's competitive position for fuel purchases.
4. Improve fuel accountability by replacing the obsolete GASBOY system.
Funds are available for a budget adjustment to fund this purchase from the Fleet Fund. Funds will be
recovered through a fuel markup per gallon dispensed
Cc:
Gary Dumas
•
Are ay'
,013,/06
o�
Noy -03-2006 12:52
THE SOUTHERN CO P.002
City of Fayetteville
Bid 06-60, Fuel Tanks and Dispensing System
Contract
This contract executed this day of , 2006, between the City of Fayetteville, Arkansas, andl�u
Southern Company NLR Inc. In consideration of the mutual covenants contained herein, the parties agree as follows:
1. 7be SovthanSonmpanv NLRInc. at its own cost and expense shall furnish all labor, materials, supplies, machinery,
equipment, tools, supervision, bonds, iosuranee, tax permits, and all other accessories and sctvices necessary to complete
invitation to bid 06-60 as stated in The Southern Company NLR Inc. proposal, and in accordance with specifications attached
hereto and made a. part hereof under BID 06-60, all included herein as if spelled out word for word.
2. The City of Fayetteville shall pay The Southern Cotnpagy lSRInc. based on their proposal in an amount not to exceed
S23i.738.00. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be
made approximately 30 days after receipt of invoice.
3. The Contract documents which comprise the contract between the City of Fayetteville and The Southern Company NLR Inc
consist of this Contmct and the following documents attached hereto, and made a part hereof:
A. Proposal form identified as Bid 06-60 with the specifications and conditions typed thereon
B. The Soutberu Company NLR Inc. proposal.
C. The Notice to Prospective Bidden and the Bid Tabulation.
4. These Contract documents constitute the entire agreement between the City of Fayetteville and The Southern Company NLR
nc and may be modified only by a duly executed written iasmcuent signed by the City of Fayetteville and The Southcrrt
Cowman NLR Inc.
•
5. The Southern Company NLR Inc. shall not assign its duties under the terms of this agreement
6. The Southern Company Nidi Inc. agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville,
against any and all claims for property damage, personal injury or death, arising from The Southern Company NLRIxe,
performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth
under Arkansas Law.
7. The Southern Company NL.RJ»F, shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that
be carries the following insurance which shall be maintained throughout the tenn of the Contract Any work sublet, the
contractor shall require the subcontractor similarly to provide worker's compensation innuatce. In case any employee
engaged in work on the protect under this contract is not protected under Worker's Compensation Insurance, The Southern
comae. Inc. shall provide and shall cause each Subcontractor to provide adequate employee's liability insurance for
the protection of such of bis employees as are not otherwise protected.
The premiums for all insurance and the bond required herein shall be paid by The Southern Company NLR Inc. and shall
be for the amounts listed in Bid 06-60.
8. The Southern Company FILR Inc. to furnish proof of licensure as required by all local and state agencies.
9. This contract may be terminated bythe City of Fayetteville or The Southern Company NLR Inc. with 10 days written notice.
10. 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 AAransas Freedom of Information Act (A.CA. 2549401 et. Seq.). Only legacy authorized photo coping costs
pursuant to the FOIA maybe assessed for this compliance.
11. Changes in Scone or Price' 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 Connell in advance of the change in
scope, cost or fees.
NOV-03-2006 12:52
Pr
ON
THE SOUTHERN CO P.003
WITNESS OUR RANDS ruts DAY OF , 2806.
c
•_.__ -•
•
ATTEST: COMPANY SECRETARY
s®ct A'�0A1-211 y
BtFs�
CITY OF FAYETTEVILLE,
FAYETI'EVILLE, ARKANSAS
DAN COODY, Mayor
Attest:
Sonecra Stttith, City Clerk
•
The Southern Company of NLR, Inc.
CONTRACTOR
•
NAME AND TITLE
TOTAL P.003
8.06) Clarice Pearman - Res. 190-06 Page 1
From: Clarice Pearman
To: Bragg, David
Date: 12.8.06 10:05 AM
Subject: Res. 190-06
Attachments: 190-06 Southern Company of NLR Inc..pdf
CC: Audit; Fell, Barbara
David:
Attached is a copy of the above resolution passed by City Council November 21, 2006. The mayor had been out of town
and I've finally got signatures and processed ordinances and resolutions to return. I will forward to you one of two
agreements I will also forward to Budget & Research the original budget adjustment. Thank you for your patience and
sorry for the inconvenience. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
•
David Bragg
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
N/A
City Council Meeting Date
Fleet Operations
" Division
Action Required:
SHo
itp3107
ca;-
/404,1(mta
drinsmfrinj
C�iin¢ers 03
Operations
Department
Approval of change order #2 to the Fleet Operations Fuel Tanks and Dispensing System Project 02101.1 for
electrical modifications to support biodiesel tank heater.
$4,197.00
Cost of this request
9700.1920.5801.00
Account Number
02101.1
Project Number
Budgeted Item
X
290,206.00
Category/Project Budget
264,438.00
Funds Used to Date
25,768.00
Remaining Balance
Budget Adjustment Attached
Fuel Storage Improvements
Program Category / Project Name
Vehicles and Equipment
Program / Project Category Name
Shop Fund
Fund Name
4467
Department D ector
Date
Finance and Internal Service Director
M
Comments:
1
1 —6-07
Date
ate
Previous Ordinance or Resolution # 190-06
Original Contract Date: 11/21/2006
Original Contract Number:
#1063
Receiv -in
Clerk's Office
Received in May. is Office
Ell ED
•
day' e �e ille
FLEET OPERATIONS
1525 S. Happy Hollow Road
Fayetteville, AR 72701
(479) 444 3495 FAX (479) 444-3425
Interdepartmental Correspondence
TO: DAN COODY, MAYOR
VIA: GARY DUMAS, DIRECTOR OF OPERATIONS
FROM: DAVID BRAGG, FLEET OPERATIONS SUPERINTENDENT
DATE: MARCH 29, 2007
SUBJECT: Fuel Farm Change Order 2
Attached is a second change order for electrical modifications to support the biodiesel tank
heater.
In early December, 2006 we received information regarding cold weather gelling of biodiesel in
Tyson's Arkansas fleet. Research indicated advisability of insulating the biodiesel storage tank
and adding a heater to maintain temperature above forty degrees. Retrofitting an existing tank
was far less feasible than factory installing insulation and heater during tank production.
Fortunately, tank orders were just being placed by the contractor and the biodiesel tank design
could be changed. To prevent further delay of the project, change 1 was submitted for design
change of tank and factory installation of heater so that the tank order could be placed for
production.
Electrical engineering changes to support the heater are now complete and additional change
order is submitted.
McCLELLAND CONSULTING ENGINEERS, INC.
1810 N College Ave.
P.O. Box 1229
FAYEnEVILLE, AR 72702-1229
479/443-2377
479/443-9241 FAX
TRANSMITTAL
Ail E ONSULTING
McCLELAND
/ DESIGN") 70 6/RYE / ENGINEERS, INC
To: City of Fayetteville Fleet Operations
1525 Happy Hollow Road
Fayetteville, AR 72701
DATE: March 27, 2007 PROJECT NUMBER: FY062156
ATTENTION: Mr. David Bragg
RE: Fayetteville Fleet Operations Fuel Farm
Fayetteville, AR
WE ARE SENDING YOU:
_ 0 SHOP DRAWINGS
❑ COPY OF LETTER
❑ SPECIFICATIONS
❑ PLANS
❑ PRINTS
❑ SAMPLES
❑_ FLOPPY DISK
❑ CHANGE ORDER
❑ FACSIMILE
® ATTACHED
O UNDER SEPARATE COVER VIA:
COPIES
DATE
NO.
DESCRIPTION
3
March 19, 2007
Change Order No. 2
PLEASE CHECK AND ADVISE IF ENCLOSURES ARE NOT AS LISTED.
THESE ARE TRANSMITTED (AS CHECKED BELOW)
® FOR APPROVAL
O FOR YOUR USE
❑ FOR YOUR INFORMATION
❑ FOR DISTRIBUTION
REMARKS:
David-
® AS REQUESTED ❑ REVIEWED FOR GENERAL COMPLIANCE ❑ RESUBMIT COPIES FOR
APPROVAL
❑ FOR REVIEW AND COMMENT 0 REVIEWED FOR NOTED COMMENTS 0 SUBMIT _COPIES FOR
DISTRIBUTION
❑ RETURNED FOR CORRECTIONS 0 RETURN _ CORRECTED PRINTS
Please find enclosed three copies of Change Order No. 2 for the above -referenced project. Please obtain the Mayor's
signature and retum two signed copies to me. Please feel free to call if you have any questions.
COPY TO:
McCLELLAND CONSULTING ENGINEERS,
BY: INC.
Carole Jones
J:12006\062156 Fay Fleet Operations Fuel Farm\Correspondence\David Bragg Transmittal.03-27-07.doc
NAME OF PROJECT:
OWNER:
CONTRACTOR:
CHANGE ORDER
Order No.
Date:
2
March 19, 2007
Agreement Date: March 19, 2007
FLEET OPERATIONS FUEL TANKS & DISPENSING SYSTEM
CITY OF FAYETTEVILLE
THE SOUTHERN COMPANY NLR, INC.
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. Increase wire and conduit sizes to allow for heater in biodiesel fuel tank
- Justification:
1. At request of Owner.
Change to CONTRACT PRICE.
Original CONTRACT PRICE:
Add cost of $ 4,197.00 to contract.
Current CONTRACT PRICE adjusted by previous CHANGE ORDERS:
The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by:
The new CONTRACT PRICE including this CHANGE ORDER will be:
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (decreased) by: 0
The date for completion of all work will be: April 30, 2007 (Date).
$231,738.00
$248,740.00
$ 4,197.00
$252,937.00
calendar days.
Approvals Required:
To be effective this Order must be approved by the Owner if it changes the scope or objective or the
PROJECT, or as may otherwise be required ..y the GENERAL CONDITIONS.
Requested by:
Recommended by:
Approved by:
em Company NLR, Inc.
eers, Inc.
of Fayetteville
Dan Coody, Mayor
J:\2006\062156 Fay Fleet Operations Fuel Farm\Construction Administrationk-order-2.doc
3-20_07
Date
(4.13.07) Clarice Pearman - CO2
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Bragg, David
4.13.07 11:21 AM
CO2
04.13.07 McClelland CO2.pdf
CC: Audit
David:
Attached is a copy of your staff review item regarding the CO2 for McClelland Consulting Engineers. Please let me know if
anything else is needed. Have a good day.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
(4.13.07) Clarice Pearman - CO2
From:
To:
Date:
Subject:
Page 1
Clarice Pearman
Bragg, David
4.13.07 11:25 AM
CO2
David:
Sorry I forgot to mention the retum of two of three original change orders. I will be in the interoffice mail.
Have a good weekend.
Clarice