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HomeMy WebLinkAbout94-07 RESOLUTIONRESOLUTION NO. 94-07 A RESOLUTION AWARDING BID # 07-34 AND APPROVING A CONTRACT WITH DEAN CROWDER CONSTRUCTION, INC. IN THE AMOUNT OF $3,737,966.15 FOR THE CONSTRUCTION OF BROYLES ROAD, WSIP SUBPROJECT WP -lb; AND APPROVING A 10% PROJECT CONTINGENCY IN THE AMOUNT OF $374,000.00. 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 awards Bid # 07-34 and approves a Contract with Dean Crowder Construction, Inc. in the amount of $3,737,966.15 for the construction of Broyles Road, WSIP Subproject WP - lb. 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 10% project contingency in the amount of $374,000.00. ,,��,,KjTREy',,,,, =V. • "32 • :FAYETTEVILLE: ''9ygpkANstt•°do,`' IwtMN PASSED and APPROVED this 5th day of June, 2007. APPROVED. ATTEST: By: { By: (90,vncal..d SONDRA E. SMITH, City Clerk/Treasurer DAN COODY, Mayor [V 1 DOCUMENT 00500 - AGREEMENT BETWEEN OWNER AND CONTRACTOR Project Name: Wastewater System Improvement Project (WSIP) Contract Name: Broyles Road Improvements Contract No.: WP -lb Bid No.: 07-34 Project No.: 02133-0324 Date: June , 2007 THIS AGREEMENT is dated as of the 51kday of cif.int in the year 2001 by and between City of Fayetteville (hereinafter called Owner) and Dean Crowder Construction, Inc. of Bentonville, Arkansas (hereinafter called Contractor). ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work under this Contract is generally described as follows: Project Name: Wastewater System Improvement Project (WSIP) Contract Name: Broyles Road Improvements 1.02 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: The Contract provides for the construction of Broyles Road on the north beginning at Persimmon Street and south along the existing line of Broyles Road approximately 3,350 feet, continuing south on a new alignment another 2,550 feet, to the intersection of Broyles Road and Woolsey Farm Road. The project includes construction of three box culverts and approximately 4,700 feet of storm sewer. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by McGoodwin, Williams and Yates, Inc., who is hereinafter called Engineer. The Engineer assuthes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 00500-AgreementR.doc 00500 —1 DOCUMENT 00500 — AGREEMENT (continued) 2.02 All work and materials shall be subject to direction and approval by the Engineer. For this work, Owner has contracted the Engineer to assist in the evaluation and acceptance of the material and work performed by Contractor. The Engineer shall serve as Owner's project representative as it relates to this specification. ARTICLE 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: A. The Work will be Substantially Completed within Three Hundred (300) calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within Three Hundred Sixty (360) calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner 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 Owner if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor. agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner One Thousand ($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. 00500-AgreementR.doc 00500 —2 . DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 4 - CONTRACT PRICE 4.01 Owner shall pay Contractor 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. UNIT AND LUMP SUM CONTRACT PRICE: For all Work, a Total Sum being: Three Million Seven Hundred Thirty -Seven Thousand Nine Hundred Sixty: Six and 15/100 Dollars ($3,737,966.15) 4.02 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMH 1 1 AL AND PROCESSING OF PAYMENTS: Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Owner and Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS RETAINAGE. A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by • Engineer, within approximately 30 days of receipt of the Application for Payment, during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS 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 previouslymade and less such . 00500-AgreementR.doc 00500 — 3 i' DOCUMENT 00500 — AGREEMENT (continued) amounts as Engineer shall determine, or Owner 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 Engineer, and if the character and progress of the Work have been satisfactory • to -Owner and Engineer, Owner on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no • additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made, and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to Owner as provided in the GENERAL CONDITIONS. Upon Substantial Completion, Owner shall pay an amount sufficient to' increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or Owner may withhold, in accordance with the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, Owner shall pay the remainder of the Contract Price'as recommended by Engineer and as provided in"the GENERAL CONDITIONS. 00500-AgreementR.doc 00500 — 4 DOCUMENT 00500 — AGREEMENT (continued) Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at and contiguous to the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. I. 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: The Contract Documents which comprise the entire Agreement between Owner and Contractor 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 Agreement (enumerated as follows): a. Contractor's Bid. b. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 00500-AgreementR.doc 00500 — 6 • DOCUMENT 00500 - AGREEMENT (continued) 6. Labor -Related Regulations. 7. . Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 8. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: Broyles Road Improvements 9. Addenda numbers 1 to 3, inclusive. 10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS and Notice to Proceed. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. 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-AgreementR.doc 00500-7 DOCUMENT 00500 — AGREEMENT (continued) 8.03 SUCCESSORS AND ASSIGNS: A. Owner and Contractor 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 Owner and Contractor, 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. L. 8.05 CONTROLLING LAW: A. This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 8.06. ARKANSAS FREEDOM OF INFORMATION ACT A. 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 City of Fayetteville, 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 photocopying costs pursuant to the FOIA may be assessed for this compliance. 00500-AgreementR.doc 00500 — 8 DOCUMENT 00500 — AGREEMENT (continued) IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in quadruplicate; One counterpart each has been delivered to Owner, Contractor, and Engineer. This Agreement will be effective on J u,11j 5 Effective Date of the Agreement. CONTRACTOR: Dean Crowder Construction,���Inc. By:f��C�K�.b'l Title: Todd.Crowder, President - Owner Attest • . Addressgiving notices 208 S: E. 215' Street OWNER. Bentonville, Arkansas 72712 License No. 0031610307 Agent for Service of process J U,j,ued (If Contractor is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 00500-AgreementR.doc Ci of B , 2007 , which is the �} tteville ;A .nsas int/OAL Title: Dan Cood Attest allot Address for givmg notices 113 West Mountain Street rV• • cv _TEAYETTEVILLE; ,,y�.9pk SPS'$ �1I/'�,, ., ANS. Fayetteville, Arkansas 72701 (If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved k to Form: By: Attorney For: 00500 — 9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wttevllie,. ;173 v -o7 CONTRACT OWNER City of Fayetteville, Arkansas Water & Wastewater Department PROJECT MANUAL FOR FAYETTEVILLE PROJECT NO. 02133-0324 CONTRACT NO. WP -lb WESTSIDE WASTEWATER FACILITIES BROYLES ROAD IMPROVEMENTS FAYETTEVILLE WASTEWATER SYSTEM IMPROVEMENTS PROJECT April, 2007 ENGINEER McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 OWNER/PROGRAM MANAGER City of Fayetteville, Arkansas Water and Wastewater Department 113 West Mountain Street Fayetteville, AR 72701 • ADDENDUM NO. 3 Westside Wastewater Facilities BROYLES ROAD IMPROVEMENTS Fayetteville Wastewater System Improvements Project City of Fayetteville, Arkansas Contract No. WP -1b Plans No. Fy-315 Dated April, 2007 The Specifications and Contract Documents for the above project are hereby changed or clarified in the following particulars: SPECIFICATIONS Document 00400 — Bid Form 1) On page 00400-6, refer to Bid Items No. 22, 23 and 24 Either cast -in-place or precast box culverts will be allowed for Bid Items 22, 23 and 24. If precast box culverts are bid, shop drawings will be required for changes in the design of the precast culverts including the headwall/wingwall connection to the culverts. Headwalls and wingwalls shall be constructedas indicated on Plans Sheets BS1 through BS6. GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (479)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 00400-2 of the Bid. May 1, 2007 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (479)443 3404 FAX (479)443-4340 1 1 1 1 The Specifications and. Contract Documents and the Plans for the above project are hereby changed or clanfied in the following particulars: ADDENDUM NO. 2 Westside Wastewater Facilities BROYLES ROAD IMPROVEMENTS Fayetteville Wastewater System Improvements Project City of Fayetteville, Arkansas Contract No. WP -1b Plans No. Fy-315 Dated April, 2007 • SPECIFICATIONS Document 00140 — Bidder's Qualification Statement 1) On page. 00140-1, under Experience Statement, paragraph 1, delete the words "wetland mitigation." 2) On page 00140-2, under Financial . Statement, paragraph 1, after the. words 1 "Attach a financial statement," add the words, "in a separate sealed envelope." Document 00400 — Bid Form ' 1) On page 00400-1, under Article 2, paragraph 2.01, change the days that the Bid will remain subject to acceptance after the day of Bid opening from 90 to "60." 2) On .page 00400-4, under Article 3, paragraph 3.01, delete paragraph "M" in its 1 entirety. PLANS Sheets BC -1, BC -5, BC -8, and BC -26 1) New plans sheets are attached which show the outline of Reinforced Concrete Box No. 3. (Replace existing plans sheets with attached sheets.) Sheet BC -24 1 1) On Detail 6, the 4" ACHM Surface Course shall be constructed in two (2) lifts. GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (479)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 00400-2 of the Bid. Attachments: Plans Sheets BC -1, BC -5, BC -8, and BC -26. April 30, 2007 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (479)443-3404 . FAX (479)443-4340 ADDENDUM NO. 1 Westside Wastewater Facilities BROYLES ROAD IMPROVEMENTS Fayetteville Wastewater System Improvements Project City of Fayetteville, Arkansas Contract No. WP -1b Plans No. Fy-315 Dated April, 2007 The Specifications and Contract Documents for the above project are hereby changed. or clarified in the following particulars: SPECIFICATIONS Document 00400 — Bid Form 1) Attached is revised page 00400 5 of the Bid. Bidder shall affix this page over the respective page of the Bid by taping, or stapling. [Units are changed on Bid Items 10,11,and 12] GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (479)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 00400-2 of the Bid. [Enclosure: Bid Page 00400-5.] April 18, 2007 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (479)443-3404 FAX (479)443-4340 l DOCUMENT 00400 -BID FORM (continued) Unit Price Schedule: No. Item 1. Mobilization L.S. $ 1 $ 2. Maintenance of Traffic L.S. $ 1 $ 3. Site Clearing L.S. $ 1 $• 4. Earth Excavation C.Y. $ 30,010 $ 5. Compacted Embankment C.Y. $ 19,965 $ 6. -. Rock Excavation C.Y. $ 2,200 $ 7. Undercutting, Furnishing & Compacting Hillside Material C.Y. $ 7,075. $ 8. 24" Select Fill Material C.Y. $ , 14,925 + $ Under Roadway 9. Subgrade Preparation S.Y. $ 21,425 $ 10. Class 7 Aggregate Base Course Ton $ 10,030 $ '11. ACHM Binder Course Ton $' • 2,880 $ 12. ACHM Surface Course Ton $ 4,035 $ 13. 4" Compacted Aggregate Base S.Y. $ • 138 $ Course (Cl. 7) for Driveways Estimated Unit Unit Price Quantity Total Price 14. 6" Compacted Aggregate Base S.Y. $ • 350 .$ Course (Cl. 7) for Driveways 15. 6" High Concrete Combination L.F. $ 11,535 $ Curb and Gutter 16. 4" Nonreinforced Portland S.Y. $ 2,200 $ Cement Concrete Sidewalk 17. 8" Reinforced Portland Cement Concrete Sidewalk 18. Seeding and Mulching S.Y. $ 36 $ Ac. $ 9.5 $ 00400 -Bid Form Addm 1 doc 00400 — 5 City of Fayetteville, Arkansas Water & Wastewater Department PROJECT MANUAL FOR FAYETTEVILLE PROJECT NO. 02133-0324 CONTRACT NO. WP -lb WESTSIDE WASTEWATER FACILITIES BROYLES ROAD IMPROVEMENTS FAYETTEVILLE WASTEWATER SYSTEM IMPROVEMENTS PROJECT April, 2007 ENGINEER McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 OWNER/PROGRAM MANAGER City of Fayetteville, Arkansas Water and Wastewater Department 113 West Mountain Street Fayetteville, AR 72701 1 1 1 1 1 1 1 1 1 PROJECT MANUAL Broyles Road Improvements Fayetteville Wastewater System Improvements Project Fayetteville, Arkansas City of Fayetteville Project No. 02133-0324 Engineer's Project No. Fy-315 Engineer: - McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Tel. 479-443-3404 Fax. 479-443-4340 00001b Project Title Page . 00001-1 1 1 1 1 1 1 1 i 1 1 1 �1 City of Fayetteville, Arkansas Wastewater System Improvement Project: Broyles Road Improvements Contract No. WP -lb DOCUMENT 00005 — INDEX AND CERTIFICATION PAGE DOCUMENT / DIVISION 00120 -. 00700 00800 - 00900 Div. 1 Div. 2 Div. 3 Div. 4 Div. 5 Div. 6 Div. 7 Div. 8 Div. 9 Div. 10 Div. 11 Div. 12 Div. 13 Div. 14 Div. 15 Div. 16 SPECIFICATION INDEX DESCRIPTION Invitation to Bid through General Conditions Supplementary Conditions; Forms General Requirements Site Construction Concrete .Masonry Metals Wood and Plastics Thermal and Moisture Protection Doors and Windows Finishes Specialties Equipment Furnishings Special Construction Conveying Systems Mechanical Electrical CERTIFICATION(S) NUMBER OF PAGES 83 17 72 87 22 0. 0 0 0 0 0 0 0 0 0 0 0 Certifications are on the following. pages 00005 -Index & Cert.doc 00005-1 • STAMPS SEALS AND SIGNATURES CERTIFICATE OF AUTHORIZATION SEAL AND SIGNATURE APPLICABLE SECTIONS onImmutio v �tgits ►— endYly S o E sv` NNo.132 cc Awe M. Lane Crider, P. E. E w 4 4 No. 9233 I el AlE Sections 00120 through 01780. ao?AU 1►►''��%i, Rick A. Cowdrey, P. E. ittlAtE F A� :Gra .t RAI EREII PROFESSIONAL ENGINEER No.4320. ..4%••- A. cot wrt04j12/07 Sections 02230 through 02240 and Sections 02300 through 03300. 00005 -Index & Cert.doc 00005- 2 STAMPS,'S'EAL'S AND_SI'GNATURES fcon'tinued) CERTIFICATE OOF l AUTHORIZATION 1 SEALAND SIGNATURE APPLICABLESECTIONS Bruce'Shacklefor:.d, REPA oFumuj„�, ���RO'� �. tr�,, t,�. ACKLE onniimmodo AY IYI : ORD, r'=atz •F S , REM, 11]. F t- .1 cI >,_ ' S'ecti'on :0227.0. REM 5607 !Oo005=lndez'& .Cert: d oc 00005- 3 1 1 1 1 1 1 1 1 1 '1 1 1 1 1 1 1 1 11 1 i. 1 I 1 1 Wirlee INTRODUCTORY INFORMATION 00005 Index and Certification Page 00010 Table of Contents 00100 BID SOLICITATION 00120 Invitation to Bid 00140 Bidder's Qualification Statement 00200 INSTRUCTIONS TO BIDDERS 00400 BID FORMS AND SUPPLEMENTS 00400 Bid Form 00410 Bid Bond 00430 List of Subcontractors 00500 . 00500 00550 AGREEMENT FORM Agreement Form Notice to Proceed 00600 BONDS AND CERTIFICATES 00600 Performance Bond and Payment Bond 00700 CONTRACT GENERAL CONDITIONS 00800 SUPPLEMENTARY CONDITIONS 00860 Prevailing Wage Determination 00900 ADDENDA AND MODIFICATIONS 00930 Request for Interpretation 00931 Field Order 00932 Request for Proposal 00940 Change Order 00945 Work Change Directive DIVISION 1 - GENERAL REQUIREMENTS 01110 Summary of Work 01250 Contract Modification Procedures 01270 Unit Prices 01290 Payment Procedures 01290.01 Application for Payment 01290.02 Schedule of Values 01290.12 . Certificate of Substantial Completion 01290.14 Contractor Affidavit for Final Payment 00010 Table of Contents TABLE OF CONTENTS City of Fayetteville Project Number 02133-0324 Contract Number. WP -lb Contract Title: Wastewater System Improvement Project — Broyles Road Improvements 00005-1 of 3 00010-1 of2 00120-1 of 3 00140-1 of 3 00200-1 of 7 00400-1 of 10 00410-1 of 2 00430-1 of 1 00500-1 of 9 00550-1 of2 00600-1 of 4 00700-1 of 42 00800-1 of 10 00860-1 of 1 00930-1 of 1 00931-1 of 1 00932-1 of 1 00940-1 of 1 00945-1 of 2 01110-1 of4 01250-1 of2 01270-1 of 8 01290-1 of 2 01290.01-1 of 2 01290.02-1 of 1 01290.12-1 of 1 01290.14-1 of2 00010- 1