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HomeMy WebLinkAbout58-06 RESOLUTIONRESOLUTION NO. 58-06 I t A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH OSCAR RENDA CONTRACTING IN THE AMOUNT OF $10,441,319.20 FOR CONSTRUCTION OF GRAVITY SEWER LINES FROM GREGG AVENUE TO HAMESTRING LIFT STATION, WL -4; AND APPROVING A 4% PROJECT CONTINGENCY IN THE AMOUNT OF $418,000.00. 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 approves a contract with Oscar Renda Contracting in the amount of $10,441,319.20 for construction of gravity sewer lines from Gregg Avenue to Hamestring Lift Station, WL -4. 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 4% project contingency in the amount of $418,000.00. PASSED and APPROVED this 2151 day of March, 2006. APPROVED: By: 111 ,AWL ,DAN COO , Mayor SONDRA SMITH, City Clerk &s., /01Y SGS' E ; to. I)? :FAYETTEVILLE: " `v s •1RKANs c= J+�S DOCUMENT 00500 - AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND OSCAR RENDA CONTRACTING, INC. Project Name: Wastewater System Improvement Project Contract Name: Gregg Avenue Lift Station to liamestring Lift Station Interceptor Contract No.: WL -4 REF Project No.: CS -0500803-03 THIS AGREEMENT is dated as of the (M,5-1 day of /"IAAll in the year 2006 by and between City of Fayetteville (hereinafter called Owner) and Oscar Renda Contracting, Inc. (hereinafter called OSCAR RENDA CONTRACTING, INC.). ARTICLE 1 - WORK 1.01 OSCAR RENDA CONTRACTING, INC. shall complete all Work as specified or indicated in the Contract Documents. The Work under this Contract is generally described as follows: Construction of approximately 25,101 linear feet of gravity sewer main, 8 -inch through 48 -inch diameter, mostly 48 -inch diameter, 3,876 linear feet of 30 -inch diameter force main, 69 new 6 -foot diameter manholes and 5 new 4 -foot diameter manholes. Although mostly installed by open cut, with some areas of rock excavation, other methods of pipe installation include 913 linear feet of 72 -inch encasement by pipe jacked tunneling, 739 linear feet of 68 -inch encasement by open cut and dry auger bore and jacking, and 186 linear feet of 48 -inch encasement by dry auger bore and jacking. Additional items include erosion control, tree removal/protection, creek, road, and highway crossings and related work, along Clabber Creek in the northeast part of Fayetteville, Arkansas. 1.02 The Contract for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: The City of Fayetteville, Arkansas is undertaking a project to redirect sewer flows from portions of the City in the Illinois River drainage basin to a new wastewater treatment plant on the west side of the City and upgrade sewers in the City which are 00500 -Agreement Form -WL -4 Bidder.doc 00500— 1 DOCUMENT 00500 — AGREEMENT (continued) • in the White River drainage basin and upgrade the existing wastewater treatment plant on the east side of the City. The project is known as the Wastewater System Improvement Project and includes, but may not be limited to, four areas of improvements as follows: 1. Westside Wastewater Treatment Plant. 2. Westside Collection System Improvements. 3. Paul R. Noland .Wastewater Treatment Plant Improvements. 4. Eastside Collection System Improvements. ARTICLE 2 - ENGINEER 2.01 The Contract has been designed by ION GROUP, INC. RJN GROUP, INC. assumes all duties and responsibilities, and has the rights and authority assigned to RJN GROUP, INC. in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. AR'I'ICLE 3 - CONTRACT' TIME 3.01 TIME OF THE ESSENCE: All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: The Work will be Substantially Completed within Three Hundred Thirty (330) consecutive calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS. Substantial Completion shall mean all Zine work and manholes installed and tested according to the specifications outlined in Division 02, all surface restoration completed including but not limited to disturbed wetlands, fences. pavement, etc. The project shall be completed and ready for final payment in accordance with the GENERAL CONDITIONS within Three Hundred 00500=Agreement Form -WL -4 Bidder.doc 00500 — 2 Il DOCUMENT 00500 — AGREEMENT (continued) Sixty-five (365) consecutive calendar clays after the date When the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: THE CITY OF FAYETTEVILLE and OSCAR RENDA CONTRACTING, INC. recognize that time is of the essence of this Agreement and that THE CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by THE CITY OF FAYETTEVILLE if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, THE CITY OF FAYETTEVILLE and OSCAR RENDA CONTRACTING, INC. agree that as liquidated damages for delay (but not as a penalty) OSCAR RENDA CONTRACTING, INC. shall pay THE CITY OF FAYETTEVILLE One Thousand Dollars ($1,000.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if OSCAR RENDA CONTRACTING, INC. shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by THE CITY OF FAYETTEVILLE, OSCAR RENDA CONTRACTING, INC. shall pay THE CITY OF FAYETTEVILLE One Thousand Dollars ($1,000.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and OSCAR RENDA CONTRACTING, INC. 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 00500 -Agreement Form -WL -4 Bidder.doc 00500 — 3 DOCUMENT 00500 — AGREEMENT (continued) payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and measurements and determinations of actual quantities and classifications are to be made by RJN GROUP, INC. as provided in the General Conditions_ 4.03 THE CITY OF FAYETTEVILLE shall pay OSCAR RENDA CONTRACTING, 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 pursuant to paragraphs below: A. For all Work, at the prices stated in OSCAR RENDA CONTRACTING, INC.'s Bid, attached hereto as an Exhibit. 4.04 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: OSCAR RENDA CONTRACTING, INC. shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by THE CITY OF FAYETTEVILLE as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS RETAINAGE: A. THE CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of OSCAR RENDA CONTRACTING, INC.'s Applications for Payment as recommended by RJN GROUP, INC. on or about the 20ih day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of 00500 -Agreement Form -WL -4 Qidder.doc 00500 — 4 Itt DOCUMENT 00500 — AGREEMENT (continued) units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as RIN GROUP, INC. shall determine, or THE CITY OF FAYETTEVILLE may withhold, in accordance with the GENERAL CONDITIONS. a. 90% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by UN GROUP, INC. and if the character and progress of the Work have been satisfactory to THE CITY OF FAYETTEVILLE and RJN GROUP, INC., THE CITY OF FAYETTEVILLE on recommendation of RJN GROUP, INC. may determine that as Iong as the character and progress of the Work subsequently remain satisfactory to them a 5 percent retainage will be withheld on the remaining progress payments prior to Substantial Completion; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to THE CITY OF FAYETTEVILLE as provided in the GENERAL CONDITIONS. Upon Substantial Completion, THE CITY OF FAYETTEVILLE shall pay an amount sufficient to increase total payments to OSCAR RENDA CONTRACTING, INC. to 95% of the Contract Price (with the balance being retainage), less such amounts as RJN GROUP, INC. shall determine, or THE CITY OF FAYETTEVILLE may withhold, in accordance with the GENERAL CONDITIONS. 00500 -Agreement form -WL -4 Bidder.doc 00500 — 5 DOCUMENT 00500 — AGREEMENT (continued) 5.03 FINAL PAYMENT: Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, THE CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price asrecommended by RIN GROUP, INC. and as provided in the GENERAL CONDITIONS. ARTICLE 6 - OSCAR RENDA CONTRACTING, INC.'S REPRESENTATIONS 6.01 In order to induce THE CITY OF FAYETTEVILLE to enter into this Agreement, OSCAR RENDA CONTRACTING, INC. makes the following representations: A. OSCAR RENDA CONTRACTING, INC. has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. • OSCAR RENDA CONTRACTING, 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, and furnishing of the Work. OSCAR RENDA CONTRACTING, 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. D. OSCAR RENDA CONTRACTING, INC. has carefully studied all: (1) (2) • 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; and reports and drawings of a Hazardous Environmental Condition, if any, at the Site. OSCAR RENDA CONTRACTING, INC. acknowledges that THE CITY OF FAYETTEVILLE and AIN GROUP, INC. do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the 00500 -Agreement Form -Wt. -4 Bidder.doc 00500— 6 1) 11 1l 11 1I I 1 1 11 11 1 rn DOCUMENT 00500 — AGREEMENT (continued) Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. OSCAR RENDA CONTRACTING, INC. has obtained and carefully studied (or assumes responsibility of 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, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by OSCAR RENDA CONTRACTING, INC. and safety precautions and programs incident thereto. OSCAR RENDA CONTRACTING, INC. does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing 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. OSCAR RENDA CONTRACTING, INC. is aware of the general nature of work to be performed by THE CITY OF FAYETTEV ILLE and others at the Site that relates to the Work as indicated in the Contract Documents. H. OSCAR RENDA CONTRACTING, INC. has correlated the information known to OSCAR RENDA CONTRACTING, INC., information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tesis, studies, and data with the Contract Documents. OSCAR RENDA CONTRACTING, INC. has given RJN GROUP, INC. written notice of all conflicts, errors, ambiguities, or discrepancies that OSCAR RENDA CONTRACTING, INC. has discovered in the Contract Documents and the written resolution thereof by RJN GROUP, INC. is acceptable to OSCAR RENDA CONTRACTING, INC. 00500 -Agreement Form -WL -4 Bidder.doc 00500-7 DOCUMENT 00500— AGREEMENT (continued) J. 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 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between . THE CITY OF FAYETTEVILLE and OSCAR RENDA CONTRACTING, INC. concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agre meet (enumerated as follows): a. Notice tb Proceed. b. OSCAR RENDA CONTRACTING, INC.'s Bid. c. Documentation submitted by OSCAR RENDA CONTRACTING, INC. prior to Notice of Award. d. OSCAR RENDA CONTRACTING, INC.'s Act of Assurance Form. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. MBE / WBE Compliance Evaluation Form. 6. Supplementary Conditions. 7. Labor -Related Regulations. 00500 -Agreement Form -WL -4 Bidder.doc 00500 — 8 DOCUMENT 00500—AGREEMENT (continued) Specifications consisting of divisions and sections as listed in table of contents of Project Manual. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: Gregg Avenue Lift Station to Hamestring Lift Station Interceptor, Contract WL -4 10. - Addenda number one, inclusive. The following which may be delivered or issued after the Effective Date of the Agreement and arc not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. 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. 00500 -Agreement Form -WL -4 Bidder.doc 00500 — 9 DOCUMENT 00500 — AGREEMENT (continued) 8.03 SUCCESSORS AND ASSIGNS: A. THE CITY OF FAYETTEVILLE and OSCAR RENDA CONTRACTING, INC. each binds himself, his 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. 8.04 SEVERABILITY: 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 THE CITY OF FAYETTEVILLE and OSCAR RENDA CONTRACTING, INC., who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 OTHER PROVISIONS: Not Applicable. 8.06 CONTROLLING LAW A. This Agreement shall be subject to, interpreted and envorced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 8.07 ARKANSAS FREEDOM OF INFORMATION ACT • City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, OSCAR RENDA CONTRACTING, INC. 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. 00500 -Agreement Fomi-WL-4 Bidder.doc 00500 — 10 • DOCUMENT 00500 — AGREEMENT (continued) IN WITNESS WHEREOF, THE CITY OF FAYETTEVILLE and OSCAR RENDA CONTRACTING, INC. have signed this Agreement in quadruplicate. One counterpart each has been delivered to THE CITY OF FAYETTEVILLE, OSCAR RENDA CONTRACTING, INC., and RIN GROUP, INC. All portions of the Contract Documents have been signed, initialed, or identified by THE CITY OF FAYETTEVILLE and OSCAR RENDA CONTRACTING, INC_ This Agreement will be effective on Slaka. a' , 2006, which is the Effective Date of the Agreement. OSCAR RENDA CONTRACTING, INC. Roanoke, Texas By: 1(46/- `IL Title: Vic1 -1?residerl� Attest Address for giving notices s�2�tgers i�rs .fall �-- (SEAL) Ake <t 7bZto-z License No 0391 LpD.2 O I 0 Agent for Service of process (If OSCAR RENDA CONTRACTING, INC. is a corporation, attach evidence of authority to sign.) Cit of Fa ett ille Fa By: Title: Ma or ettevill (SEAL) Attest (ma)JJ E- (1)Irw.th • Address for giving notices I/3 t) rn Deaup/U�40 in (If Owne is a public body, attach evidence of authority to sign and resolution or other documents t • ��>••\TY•Oc •Gfco: • ;FAYETTEVILLE; sea : authorizing execution of Agreement) c:s y...ANSP• JZ: Approved As to Fo By: Attorney For: Cit END OF DOCUMENT 00500 00500 -Agreement Form -WL -4 Bidder.doc 00500— 11 • ACORDCERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOYYYY) 2/14/2006 ?NSR LTR ADM. INSRD PRODUCER • FAX (817)737-4947 K & S Group,NLY Inc.. Frank Siddons Ins. Fort Worth 4021 Hwy 377 South Fort Worth TX 76116 THIS HOLDER. ALTER CERTIFICATE AND THIS THE COVERAGE IS ISSUED AS A CONFERS NO RIGHTS CERTIFICATE DOES AFFORDED BY MATTER UPON NOT OF INFORMATION THE CERTIFICATE AMEND, THE POLICIES EXTEND BELOW. GENERAL COMMERCIAL OR GENERAL MADE INSURERS AFFORDING OCCUR COVERAGE 11/01/2005 NAIC # INSURED Oscar Renda Contracting, Inc. 522 Benson Lane Roanoke TX 762626397 INSURER A: Zurich Insurance PREMISES TOoca RENTED INSURER B: Great American Insurance INSURER C;BanOVer Insurance Company X INSURER D: $ 5,000 INSURER E: COVERAGES THE POLICIES OF INSURANCE REQUIREMENT, TERM OR THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, BY THE POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. MAY HAVE BEEN REDUCED BY PAID CLAIMS. ?NSR LTR ADM. INSRD TYPE OF INSURANCE POUCY NUMBER DAT�E,MMJDDIYIl') PDATE(MM/DDNY)N OMITS A GENERAL COMMERCIAL UABIUTY CLAIMS GENERAL MADE LIABILITY OCCUR CPO 5916936-00 11/01/2005 11/01/2006 EACH OCCURRENCE $ 1,000,000 X PREMISES TOoca RENTED $ 300, 000 X MED EXP (Any one person) $ 5,000 PERSONAL 6ADV INJURY $ 1,000,000 GENERAL AGGREGATE 3 2,000,000 GGEENL AGGREGATE X I POLICY LIMIT APPLIES PER I JEC J LOC PRODUCTS - COMP/OP AGG $ 2,000,000 I X A AUTOMOBILE LIABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED HIRED AUTOS NON -OWNED AUTOS AUTOS BAP 5916935-00 11/01/2005 11/01/2006 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ _ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGEUABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER AUTO THAN EA ACC S ONLY: AGG S 2 EXCESSNMBRELLALIABILITY OCCUR DEDUCTIBLE RETENTION CLAIMSMADE EACH OCCURRENCE $ 10,000,000 X AGGREGATE $ 10, 000, 000 $10,000 S $ X $ A WORKERS COMPENSATION EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? K yes. descnte under SPECIAL PROVISIONS bew/ AND WC 5916937-00 11/01/2005 11/01/2006 Y yW�C gg l� TORYLIMITS1 ER E.I. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEES. 1,000,000 EL. DISEASE - POLICY LIMIT $ 1,000,000 C OTHER Contractor's Equipment 1008163047 - 11/01/2005 11/01/2006 All Risk Subject to policy limitations & exclusions, desductibles are various. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS Project: Greg Avenue Waiver of Subrogation from the additional ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Lift Station to Hamestring Lift Station - Contract No. WL -4 . . and Additional Insured in favor of the Certificate Holder. Professional Liability is excluded insured. CANCELLATION City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, THE MAIL BUT THE FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ? Steven Siddons/BILLY i ACORD 25(2001/08) INS025 anoel.as AMS VMP Mortgage Strut s, Inc. (800)327-0545 ©ACORD CORPORATION 1988 'Page I of ACORD CERTIFICATE OF LIABILITY INSURANCE 2/14/20 OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0 ANY OR MAY PERTAIN, OF SUCH POLICIES. PRODUCER FAX (817) 737-4947 K & S Group, Inc. Frank Siddons Ins. Fort Worth 4021 Hwy 377 South Fort Worth TX 76116 THIS ONLY HOLDER. ALTER CERTIFICATE AND THE I5 CONFERS THIS CERTIFICATE COVERAGE TYPE OF INSURANCE ISSUED AS A MATTER NO RIGHTS UPON THE DOES NOT AMEND, AFFORDED BY THE POLICIES OF POLICYY TE(MMIDDn1N INFORMATION CERTIFICATE EXTEND BELOW. OR INSURERS AFFORDING COVERAGE NMC 9. INSURED Oscar Renda Contracting, Inc. 522 Benson Lane Roanoke TX 762626397 INSURER k. Zurich Insurance OCCUR INSURERS: Great American Insurance 11/01/2005 INsuRERc Hanover Insurance Company EACH OCCURRENCE INSURER D: INSURER E: $ 300,000 CERTIFICATE HOLDER CANCELLATION (972)437-2707 RJG Group, Inc. Attn: Tom Harris 12160 Abrams Road Suite 400 Dallas, TX 75243 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESE • AUTHORIZEDREPRESENTATIVE Steven Siddons/BILLY _ c ;)( (ide"/ ACORD 25 (2001/08) • micnIcinmcnnia Avec 1/U0 MMn na WJi,ne Ire /RMg9TJKE4 @ ACORD CORPORATION 1988 THE POLICIES REQUIREMENT, THE INSURANCE AGGREGATE OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NOTWITHSTANDING ANY OR MAY PERTAIN, OF SUCH POLICIES. BE ISSUED INSR LTR IADD'LNSRD INSRD TYPE OF INSURANCE POLICY NUMBER EFFECTIVE PDATE(MM/DD/YY) POLICYY TE(MMIDDn1N LIMITS A GENERAL COMMERCIAL LIABILITY GENERAL CLAIMS MADE UABILITY X OCCUR CPO 5916936-00 11/01/2005 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea ccorrence) $ 300,000 X MED EXP (Any one Person) $ 5,000 PERSONAL&ADV INJURY 1 1,000,000 11/01/2006 GENERAL AGGREGATE f 2,000,000 PRODUCTS- COMP/OP AGG $ 2,000,000 Gait AGGREGATE LIMIT APPLIES PER: nLOC X (POLICY IX IMT - A AUTOMOBILEUABILTTY AIWA= ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP 5916935-00 11/01/2005 11/01/2006 COMBINED SINGLEUMIT (Ea ecclenl) 1 1,000,000 X BODILY INJURY Per (Per son) 1 BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident/ GARAGE ANY LIABILITY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EA ACC 1 AGG 1 B EXCESSIUMBRELLA UABILJTY 11 CLAIMS MADE f 10,000 EACH OCCURRENCE S 10,000,000 AGGREGATE S 10,000,000 X OCCUR $ f DEDUCTIBLE 1 X RETENTION A WORKERS EMPLOYERS' ANY OFFICER/MEMBER If yes. SPECIAL PROPRIETOR/PARTNER/EXECUTIVE describe PROVISIONS COMPENSATION AND LIABILITY EXCLUDED? user 0elrn, WC 5916937-00 11/01/2005 11/01/2006 Y TORYLIMITS • °ER E.L. EACH ACCIDENT E 1,000,000 E.L. DISEASE - EA EMPLOYEE 1 1,000,000 EL DISEASE- POLICY LIMIT f 1,000,000 C OTHER Contractor's Equipment IHD$163047 11/01/2005 11/01/2006 All Risk Subject to policy limitations 6 exclusions, desductibles are various. DESCRIPTION Project: Waiver from OF of the additional OPERATIONS/LOCATIONSNEHICLES/EXCLUSIO Greg Avenue Lift Station Subrogation and Additional insured. NS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS to Hamestring Lift Station - Contract No. WL -4 Insured in favor of the Certificate Holder. Professional Liability is excluded CERTIFICATE HOLDER CANCELLATION (972)437-2707 RJG Group, Inc. Attn: Tom Harris 12160 Abrams Road Suite 400 Dallas, TX 75243 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESE • AUTHORIZEDREPRESENTATIVE Steven Siddons/BILLY _ c ;)( (ide"/ ACORD 25 (2001/08) • micnIcinmcnnia Avec 1/U0 MMn na WJi,ne Ire /RMg9TJKE4 @ ACORD CORPORATION 1988 David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 3 -1 -(Mar -06 City Council Meeting Date Water/Wastewater Division Action Required: fe. 3/a1/D4 58-06 Oscar 12tn14 t n*aclfn5/ I,L-LE Water/Wastewater Department Approval of a construction contract with Oscar Renda Contracting, as approved by the Sewer Committee, in the amount of $10,441,319.20, for construction of the gravity sewer lines from Gregg Avenue to the Hamestring Lift Station, WL -4, and approve a 4% contingency of $418,000.00. Funds are available in Fiscal Year 2006 WSIP budget. $10,859,319.20 Cost of this request 4480-9480-5315.00 Account Number 02133.0342 Project Number Budgeted Item XX 1053920,694.00 Category/Project Budget 90,709,727.00 Funds Used to Date 15,210,967.00 Remaining Balance Budget Adjustment Attached Wastewater System Imp Project Program Category / Project Name Water and Wastewater Program / Project Category Name Water/Sewer Fund Name Depart t Difector City Attorney (0 Fah oG Date 1. Financ and Internal Service Director to C _ \ L `CJS Cif Mayor Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Comments: City Council Meeting of March 7, 2006 CITY COUNCIL AGENDA MEMO To: Fayetteville City Council Thru: Mayor Dan Coody From: Fayetteville Sewer Committee David Jurgens, Water and Wastewater Director Date: February 16, 2006 Subject. Approval of a construction contract with Oscar Re Contracting, as approved by the Sewer Committee, in the amount of $10,441,319.20, for construction of the gravity sewer lines from Gregg Avenue to the Hamestring Lift Station, WL -4, and approve a 4% contingency of $418,000.00. Funds are available in Fiscal Year 2006 WSIP budget. RECOMMENDATION Fayetteville Sewer Committee and City Administration recommend approval of a construction contract with Oscar Renda Contracting, in the amount of $10,441,319.20, for construction of the gravity sewer lines from Gregg Avenue to the Hamestring Lift Station, WL -4, and approve a 4% contingency of $418,000.00. BACKGROUND The City received four bids for this project, as follows: Oscar Renda $ 10,441,319.20 (low bid) S. J. Lewis 10,492,508.82 Kraus Const 11,870,598.00 Gamey Companies 12,148,192.50 John Plott Company 14,870,598.00 Engineer's Estimate $ 13,503,435.00 The project entails installing construction approximately 24,751' of 8" - 48" gravity sewer main (mostly 48"), 3,876' of 30" force main, 69 new 6' and 5 new 4' diameter manholes, 2,188 of 48 - 72" encasement, and related work along Clabber Creek, from the Gregg Avenue Lift Station to the new Hamestring Lift Station . DISCUSSION The bid has been reviewed by RJN Group, the Engineer; their letter recommending award is attached. The Arkansas Natural Resources Commission will complete their review prior to contract award. Oscar Renda is out of Arlington Texas. Although they have not performed any work in this area, their references are excellent and we seldom have local projects large enough to attract them. BUDGET IMPACT Funds are available in Fiscal Year 2006 budget. This contract will be funded by sales tax bond proceeds or by a sales tax based Revolving Loan Fund loan. WL -4 Oscar CCMcmoFcb06.doc RESOLUTION NO. A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH OSCAR RENDA CONTRACTING IN THE AMOUNT OF $10,441,319.20 FOR CONSTRUCTION OF GRAVITY SEWER LINES FROM GREGG AVENUE TO HAMESTRING LIFT STATION, WL -4; AND APPROVING A 4% PROJECT CONTINGENCY IN THE AMOUNT OF $418,000.00. 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 approves a contract with Oscar Renda Contracting in the amount of $10,441,319.20 for construction of gravity sewer lines from Gregg Avenue to Hamestring Lift Station, WL -4. 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,arAt ai s hereby approves a 4% project contingency in the amount of $418,00000 PASSED and APPROVED this 21St day of March APPROVED: AN GOODY, Mayor A EST: SONDRAASMI,XC>iiy Clerk • ringroup (Excellence through Ownership February 9, 2006 Mr. Dave Jurgens, P.E. City of Fayetteville Director Water and Wastewater 113 West Mountain Street Fayetteville, AR 72701 Subject Bid 06-06 Fayetteville WL -4 Gregg Avenue Lift Station to Hamestring Lift Station Interceptor RJN#18187500 Dear Mr. Jurgens: www.rin.com RJN has reviewed and processed the Contractor Bids for the above referenced project. All bids are correct as submitted by each contractor. Oscar Renda Contracting, Inc. is certified to be the low bidder with a total bid amount of ten million four hundred forty-one thousand three hundred nineteen and twenty cents ($10,441,319.20). RJN has checked references supplied by Oscar Renda Contracting, Inc. All references checked have stated that Oscar Renda's work has been excellent and completed on time. Oscar Renda Contracting, Inc. has completed projects of similar in nature, with many projects having a total cost of over $4 Million, and has completed two projects within the past three years that each exceed $21 Million. RJN recommends that the contract for Bid 06-06 in the amount of $10,441,319.20 be awarded to the low bidder, Oscar Renda Contracting, Inc.. Attached are the documents submitted by Oscar Renda Contracting, Inc. that demonstrate a good faith effort in utilizing MBE/WBE firms. Should you have any further questions, please call me at (972) 437-4300. Thomas A. Harris, P.E. Senior Project Manager xc: file 26 East Meadow #8 • Fayetteville, AR 72701 • 479.444.6119 • fax 479 444.6119 0. C0NTRACTWL4 Teabo,a, AL 35402 Olc: (918)8286816 FAX (918)8368824 Total Amount 88888888888888.888882888 g6 § asS4'*t44,s4,4.4.4.4.4,a4.4.4.4.4.4'44 i. F.: ggggggg age.li graggr.401 113,a g § pgarl 00 S 246.10.01 8888888 ggggggg ,,Ifl 4fl44.t4 - 5 47,40.01 888882A8888.888 gag? frrzrig gggggg ag 4.14441S4424444• eig a -vi 1 2 g 4: oa a z Z E = 888888 gedggg-gg.-2_R"82" ddui r:o 88888888888888.28888888888888 rge a n - ggg ,- a n ggig8g vi.2 , I5 3250 S 130 .88.8 o n, - 3 33,700,01 1 8400.0 888 62g Kansas City, M064118 Ofc: (816) 7414600 EA. 230 FAX: (818)741-4488 t 1 1 1 f 250,000 00 $ 45,801 50 320,00.01 $$$$$$$$88$$$88g gggggggggggg "fl'2" 6,0000000000000 Acr2a2ig ggg 57,612.01 $$$$ gggg . r4a,JAE 0000 . '1 639450.0 I 8 g ? 0 S 300,000.00 8 g . 0 S 5,40000 • 3500.00 888 000 gg vi 11 25,5000 3 2.25000 $ 12,400.00 • 338.0 riLr2US 000 g I s 30,000.00 25 000.00 44iFf i N 64; - Unit Cort 1 s-250.000.00 °88.8 --4.44 "g S 300.001 s 3000.001 1 4,000.00 gggggg $ 80.001 888888888828 8481 0 SO ggggggg d N 0 .-, " $ 75,000.00 88888888 RagggR0g 44-00 d , 1 200.00 • 70 8888 °gg 00 oi Le s 30,000 00 25,000 00 888 g id 00 g d mbectors Pickling Project Fort Smith, AR 72904 Olo: (479)7838017 FAX: (479)7833479 E 1 1 .!444444 888 28g g $ 20.70 .0 1 882888 g6gg?0,0 tio.26q 4.44444.4,44 $ 28,80.01 88888 _04(X egwn A • 187.34400 1 8 g§1§§§ 8 wERri 88 8 8 $ 10350.01 730,80.0 88 §g -:,i 27,000 00 3 108000 88 8 §F§§Egkg§§g 88 8 88 8 2 ” 88 I$ 20,000.0 S 40,000.00 888 gg§ 8 c4 44m A 0 u = 0 4 • S 835,000.001 8888888888888888888888 gggggrgg4grn weei w a"a wi" a R ggg g " 1 450.01 8888888.88888888888 ggegtggg0g 4'4,4.4.4.444.44444,44444,fl4,4.4 a gRR-ggg leE I$ 20,00000 $ 40.00000 888 Pi E.; 444.4, * v San Antonio, TX 78216 Ofc: (210)340-9998 FAX: (210)340-0927 8 g 2. 0 a 3 30,401.01 S 499.2001 3 24,999.01 88 gg as yrs. $ 22.40.0 • 8,9001 44 N $ 24,30.01 $ 554 288 00 1 88988 i 261 *fa 2 gg • 54.231 $ 2 21,000.001 8 PAAg 20 a 88 a a 88 2 "a 8 88$ ggggg . " aans.otos**, 888 .. "28 88888 gggg . a 888 .ana se gg .. ks a E 2500.0 E 1.00 ggg 9 _ ^ 2 g 1 I I i 8888888888888800 g9-gg 8 4,4.14444,---4,44- 6 =gg=g 44 art" OV f 06$288888888 "cilrg g" S 3,000.01 1 88888888$ Agglegg ar4 . 125,000.00 1 888888 AVIA§ Ne s eZ W 0= 113 ‘ini ICI ec err.rt •-alri Se 8 c uw O� gg • Total Amount 1 000 g a ei 3 22.50.01 88888888 g dt-deio 444.4,444.4.444, gggkgi e- N'. • 43 470 00 1 S 10,880.00 S 58,5750 S 79,750 00 888888 gggggg gg waala R.2 -g 3 821,70.00.1 0 1 92,000 9 4. • 130,200.00 S 180,00001 888888 ggg p..,0,- 4444.,---4.4,444.4'000000 gg 0 f 23,800.00 3 1100.0 g g g r5 20,0001 888888 gggggg oc.yr;or: cri i ip •74 11 2 - 888 rig - g 4,44_ m �S 7,500.001 88888888888888888888888888888 ggggg4 m , .. mi,4 .0, .0,, g2 .,.. 2 ... 212ggggggng A ,.. »a, , g 4, ' ..,,.. §§. "' 1 70.00 3 4000.00 Wgleijk8R duio" „ 00000 — - a 2 o z • 1 - if, S 80000 5 70,003 ! ^ $ 25.50 !!!!! 9 61 :S199.gAr3 "" !!NMAI8 " 920 "se 340,7401 eigggg rrn "e• Ha2.0 "" ggggg a gg gav- ggreaggggggc2i - ouioddv-6.- k .- 1 1513.501,543.551 g° 1 8,400.0 8888 ggg g 4,400.00 5.00.0 8888888888888888888 ggg"" -gg g8gggg 0 5,00.0 888888888888888 ggg , 808" gggg 20,0001 88 gg IA n 2. 8„cm°,c2 g = o. __ I I i -= , 1 LS Islb Preparation, Clearing end Grubbing L5 IConsUuctbn Slaking I s 0 LI 0 0 <C wwWW EA 'Construct 72' On. Manhole w/ tolled Ib 3 S size 0 In : 0 0 VF !Construct 7T D. Manhole, Extra Depth 13 VF !Construct 4S nw_ MenhoI. Extra Oeath I .E &. !6- .6 Is. olill LF 138' Sewer Pipe end Embedment ' LF 130' Pressure Rated Sewer Pipe and Embedment LF 110' Sewer Plpe and Embedment LF 19' Sewer Plias and Embedment LF (Trench Excavation and Becklltl (08 feet) LF !Trench Excavation an Beckbtl 1512 feet) LF 'Trench Excavation and BeckIl(12.10 feet) LF (Trench Excavation end Back04118-20 feet) LF ITrenc5 Excavation and Sackful120-24 feet) SASS 1L066 WW 1 p- g 1- '54' & , 05 i o E E E w • 2 LL LF 188' Steel Encasemwl by On' AVOW Bore and Jack Method LF 148' Steel Encasement by On Auger Bore and Jack Method CY !Concrete Cap for Creek Crossing, LS !Tunnel Shafts `t - 28 •:'•18 9._ LE< c °I EA !Temporary Sanitary Sewer Plug. .'-1TDiameter 0 L.i.!C1° EA IAberdan Exiting Mantle ra St 'Asphaltic Concrete Replacement SF r Concrete Sidewark Replacement e • 10c i thii ?e >-,- Erosion Control and SWPPP 1Fence Gale. and Path for Livestock Watedn0 ITree Protedion and Pruning Welland Topsoil Excavallontigestoralion Measures ITrafc Control e .E 1 .0 g w !Engineer 10,1 Contingency TOTAL PROJECT CC irpounogto 2-nc.t ° 3 A 0 - n ,282202 -n- r,2282 N el— N !_ m-- d a "°'=mmRAFI A 1271 a'A 24,88828 88 Clarice Pearman - Res. 56-06, 57-06, 58-06 _ V Page 1 From: Clarice Pearman To: Jurgens, David Date: 3.28.06 5:26PM Subject: Res. 56-06, 57-06, 58-06 David, Attached are copies of the above resolutions passed by City Council, March 21, 2006. This will also that you have pick up the 4 of the five originals for T -G Excavating. You may pick the extra copies of the signed agreements. I will forward to the auditor the original purchase requisitions. Thanks. Clarice CC: Bell, Peggy; Deaton, Vicki