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HomeMy WebLinkAbout132-08 RESOLUTIONRESOLUTION NO. 132-08 A RESOLUTION TO APPROVE A BID AND AWARD A CONTRACT IN THE AMOUNT OF $79,900.00 TO BENCHMARK CONSTRUCTION OF NWA, INC. TO CONSTRUCT A CONCRETE PAD FOR SOLID WASTE WITH A CONTINGENCY OF $7,290.00 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 the low bid to construct a concrete pad for solid waste and approves a contract with Benchmark Construction of NWA, Inc. in the amount of $72,900.00 with a project contingency of $7,290.00. PASSED and APPROVED this Ist day of July, 2008. hG••011 p,; •G,p ' zU• .�- ATTEST: E : LE FAYETTEVIL• 5. S' • @(A14- Jam,: By: ILi DAN C 1 ODY, Mayor APPROVED: SONDRA E SMITH, City Clerk/Treasurer City of Fayetteville Bid 08-45, Solid Waste Concrete Pad Re -Bid FINAL CONTRACT This contract executed this I5-1- day of —iu,fy 2008, between the City of Fayetteville, Arkansas, and Benchmark Construction of NWA, Inc. Ih consideration of the mutual covenants contained herein, the parties agree as follows: 1. Benchmark Construction of NWA, 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 items bid per bid 08-45 as stated in Benchmark Construction of NWA, Inc. bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid #08-45, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Benchmark Construction of NWA, Inc. based on their bid proposal in an amount not to exceed $72,900.00. 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 Benchmark Construction of NWA, Inc. consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 08-45 with the specifications and conditions typed thereon. B. Benchmark Construction of NWA, Inc. bid 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 Benchmark Construction of NWA, Inc. and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Benchmark Construction of NWA, Inc. 5. Benchmark Construction of NWA, Inc. shall not assign its duties under the terms of this agreement. 6. Benchmark Construction of NWA, 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 Benchmark Construction of NWA, 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. Benchmark Construction of NWA, 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 Benchmark Construction of NWA 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. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability $500,000 for each person injured. $500,000 for each accident. $500,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Benchmark Construction of NWA, Inc. 8. Benchmark Construction of NWA, 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 Benchmark Construction of NWA, 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. WITNESS OUR HANDS THIS id DAY OF da l y , 2008. ATTEST: COMPANY SECRETARY V CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS D N COODY Attest drt Smith, ra ObkolA-to Fe, So City Clerk .......K/T......�, `A'G,E \7 Y O'tSG'•' G F•.-PS. =V' '73: • E ;FAYETTEVILLE: • p� /•ANS.•\y.;',G.) ,QTON .... t4PAzgs bek altar ar n11.04., QAC, CONTRACTOR BY .L- god. NAME AND TITLE 333 tO. ~CA" <7, entou&, AA 7a7a3 BUSINESS ADDRESS Brian Pugh Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/1/2008 City Council Meeting Date Agenda Items Only Solid Waste & Recycling Division Action Required: 13a. nod riaz ete sfrachnei or Ma/ Inc. Operations Department Approving the award of Bid 08-45, Solid Waste Concrete pad re -bid to Benchmark Construction of NWA, Inc. in the amount of $72,900.00 and approving a project contengency of 10% in the amount of $7,290.00. • 80,190.00 Cost of this request 5500.5070.5816.00 Account Number 02038/1 Project Number Budgeted Item X 93,527.00 Category / Project Budget Funds Used to Date $ 93,527.00 Remaining Balance Budget Adjustment Attached Composting Site Improvements Program Category / Project Name Solid Waste Improvements Program / Project Category Name Solid Waste Fund Name Department Director Date • City Attor '-fici c.. _ Finance and Internal Service Director Mayor Date 11-•08 Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office 6.4-0 X 1,474_,A__ Received in Mayor's Office Comments: Revised April 16, 2007 City Council Agenda Item To: Mayor and City Council From: Brian Pugh Date: June 10, 2008 Subject: Preprint agenda date and item number inserted by city clerk Approving the award of Bid 08-45, Solid Waste Concrete pad re -bid to Benchmark Construction of NWA, Inc. in the amount of $72,900.00 and approving a project contingency of 10% in the amount of $7,290.00. Recommendation: Staff recommends approving the award of Bid 08-45, Solid Waste Concrete pad re -bid to Benchmark Construction of NWA, Inc. in the amount of $72,900.00 and approving a project contingency of 10% in the amount of $7,290.00. Background: Staff issued Bid 08-30 which was scheduled to be opened on 2-27-08. Bid was pulled by Purchasing to answer some questions about the grading work from various contractors. City Engineers then reevaluated the pad and deemed it ok for concrete to be poured The Bid was re -issued as Bid 08-45 and opened on 6-6-08. The low bidder was Benchmark Construction of NWA, Inc Discussion: The Solid Waste and Recycling Division budgeted and planned for concrete work adjacent to the Compost Building. A concrete pad for storing dumpsters and containers for use with Solid Waste and Recycling operations will be poured in order to avoid ruts and other problems associated with a non -concreted area and traffic with Solid Waste vehicles. Budget Impact: This is a budgeted Solid Waste Improvement Project number 02038. 1 of 1 6/11/2008 2:02:34 PM RESOLUTION NO. A RESOLUTION TO APPROVE A BID AND AWARD A CONTRACT IN THE AMOUNT OF $79,900.00 TO BENCHMARK CONSTRUCTION OF NWA, INC. TO CONSTRUCT A CONCRETE PAD FOR SOLID WASTE WITH A CONTINGENCY OF $7,290.00 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 the low bid to construct a concrete pad for solid waste and approves a contract with Benchmark Construction of NWA, Inc. in the amount of $72,900.00 with a project contingency of $7,290.00. PASSED and APPROVED this Is' day of July, 2008. APPROVED: ATTEST: DAN COODY, Mayor SONDRA E SMITH, City Clerk/Treasurer 40 CO J Ol CP .D. Ca CO _ 'a r g ��^^d D cri tion Iouantitv Requester. Dann Pu h 0 > n w w N 4 T N W O Shipping/Handling p Bid Award 08-45 - Concrete oad for Solid Waste Division Vendor Name: Benchmark Construction of NWA, Inc. 11 O f Z Lot O Q Unit y m m V 40 N O O O O C D 0 0 f Fayetteville Purchase order) b O O IR O 0 40 O 0 40 O 0 50.00 M O 0 dl O 0 M O 0 b O 0 40 co O 40 V N lo O 0 O O Extended Cost N N 0 0 N 0 -4 9 N co W O O Account Numbers Requester's Employee #: 2133 gip Code: Ship to code: 170 '.Fob Point: 02038 Prolect/Subproi �n A w W m O 1 V :Ien6MdV¢eep uosAlo Taxable— luuotes Anacnea Yes:_ No: x Yes: x___ No:^ 3 m z Y C z C 3 uolusInb9H m a it CD J 0 ,z i 80022/ :01en AiaNlan papedxq' ed O N N ' 0 0 CO T X 0 6 > to w 0 it r3-.0%) Clarice Pearman - Res. 132-08 From: To: Date: Subject: Attachments. Clarice Pearman Pugh, Brian 7.3.08 3:34 PM Res. 132-08 132-08 Benchmark Construction.pdf CC: Audit; Vice, Peggy Brian: Attached is a copy of the above resolution along with the signed agreement. I am forwarding to you one of two agreements via interoffice mail. Also, I will forward your purchase requisition to Purchasing. Please let me know if there is anything else needed for this item. Have a safe and good weekend. Thanks. Clarice Page 1 Brian Pugh Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda Items Only Solid Waste and Recycling Division Action Required: Operations Department Approved cost of $1,666 to incorporate extended sawcut to existing concrete pad for pouring of new concrete pad for Solid Waste. Bid 08-45, Solid Waste Concrete pad re -bid to Benchmark Construction of NWA, Inc. in the amount of $72,900.00 and approving a project contengency of 10% in the amount of $7,290.00 was approved by City Council on July 1st, 2008. 1,666.00 Cost of this request 5500.5070.5816.00 Account Number 02038/1 Project Number Budgeted Item X C_ A .11141‘. Department Director City Attorney 93, 527.00 Category / Project Budget Composting Site Improvements Program Category / Project Name 72,900.00 Solid Waste Improvements Funds Used to Date Program / Project Category Name 20,627.00 Remaining Balance Budget Adjustment Attached Finance and Internal Service Director Date Solid Waste Fund Name Previous Ordinance or Resolution # �n QO�riginal Contract Date: `i(o ]Original Contract Number: Date 7 -Z4 -dor Date 7/1/2008 Received in CC Clerk's Offic 004' Comments: Revised April 16, 20074, i atevtlle AHKANSAS The City of Fayetteville, Arkansas MEMO To: Gary Dumas From: Brian Pugh Thru: Carrol Hill C,%1; Subject: Bid 08-45, Benchmark Construction of NWA, Inc., Concrete Pad contingency funds Background: On July 1st, 2008, the City Council awarded with resolution 132-08 the bid 08-45, Solid Waste Concrete pad re -bid to Benchmark Construction of NWA, Inc. in the amount of $72,900.00 and approved a project contingency of 10% in the amount of $7,290. Discussion: The concrete pad needs additional saw cuts done in order to appropriately adjoin the existing pad to the new poured pad. The work to accomplish this will cost an additional $1,666. Staff recommends the approval of additional work and an increase of the same amount taken from the previously awarded contingency. 113 WEST MOUNTAIN 72701 479-575-8330 479-575-8257 (Fax) Pram: 9 a Smith 4232.51-1319 To: fanth2511318 PROPOSAL FROM....BENCHMARK CONSTRUCTION 333 WEST POPLAR FAYETTEVILLE, AR 72703 PROPOSALTO:.......MR. BRIAN PUGH CITY OF FAYETTEVILLE 444-3478 .SOLID WASTE CONCRETE PAD Date- 7I2412008 Tima: 10.00 52AM FILE REFERENCE NO. t.A .....................JULY 21, 2008 DEAR MR WE REQUEST AN INCREASE IN THE AMOUNT OF---->» 9'•,666 ALONG WITH AN EXTENSION IN TIME OF DAYS. SAW CUT AND REMOVE ROUGH CONCRETE EDGE TO RECEIVE THE EXPANSION JOINT MATERIAL TOTAL COST .......... .............................. 51.200 15 %OVERHEAD & PROFIT 207 SUB TOTAL 0.C2500 BOND 0.01500 BUILDING FERMI? 0.00000 CCP INS 0.00980 BLDRS RISK 0.04980 Total Items X Bot:ern Llne TOTAL CHANGE ORDER AMOUNT...... SINCERE_Y, 61.587 78 51.068 1C Page 2''�..of 3 • n9,0£ef,1.fR 6241. « 61£LLiA226.1.dxi cons tc nu t 14L emit/mai11aq in... .. .. £Q'OL /Z-LO29.00Z From: Sura Sn1I h 479-2:51-1;09 To. FaeXS1 1319 Date: 7R412D08 Time 10:00:52 AM Page 343'3 CCST DETAIL: PROJECT.... .. .....SOLID WASTE CONCRETE PAD FILE RE'ERENc E 40. to DESCRIPTION cc UNIT PRICES =- LABOR + AA% BURDEN. TOOLS MATERIALS +9%ST Q UNIT :LABOR MAT SUB AND + SUBS +1%i1.AIH5 CONT EQUIP + TOOLS & EQUIP SAW CUT R INCH CONCRETE AND REMOVE 153.00 LE 220 8.00 0 0 0 1320 0 0 0 0 0 2/2 d SLh£ hhh 61, « 66£6 ,5Z6 h , r,, -.E. v, ,,U19wXJeII 3Uaa,L, h0 06.hZ-2.03'90OZ 4_ �� ta)!tolle VENDOR NO. MUSE ©NOM 68230 Benchmark Construction of NWA 333 W Poplar Suite A Fayetteville AR 72703 Each Package Must Be Marked Exactly As Shown Here City of Fayetteville, Arkansas PURCHASE ORDER # 08-0000667-001 DATE 7/10/08 TERMS FOB Fyv NET 30 DAY Oty. Unit Qty. of Received Issue Description and Account Number Unit Price TOTALS 1.00 JOB a) Bid Award 08-45 Concrete Pad Solid Waste Division Per Res #132-08 Contract #2048 5500.5070.5816.00 02038 n WICAW Q. jAaA n 64 ) SHIP TO: Solid Waste/Recycling CITY OF FAYEITEVILLE 1560 HAPPY HOLLOW FAYEITEVILLE AR 72701 PNgh,R for 72900.00 72000.00 1 1(010b.o° = 11;) 745(49 o Oo Sales Tax Total: Purchase Order Total: $.00 72900:00— DEPARTMENT VERIFICATION RECEIVED DEPT HEAD APPROVAL AMOUNT TO PAY NP VERIFICATION DATE jr) 76 9 or PURCHASING VERIFICATION PRICE CHANGE VERIFICATION RETURN CHECK TO SEND COPY TO ADDITIONAL APPROVAL CHECK# DOES NOT MEET PURCHASING POLICY CONTRACT PAYMENT OTHER APPROVED BY DEPT COPY PROJECT # THIS PAYMENT $ PREVIOUS PAYMENT(S) $ TOTAL PYMT(S) $ BALANCE $ ff7.31.08) Clarice Pearman - Benchmark Construction Page 1 From: Clarice Pearman To: Pugh, Brian Date: 7.31.08 1:27 PM Subject: Benchmark Construction Attachments: 07.31.08 Benchmark Construction of NWA Inc..pdf CC: Audit; Vice, Peggy Brian: Attached is a copy of your staff review item regarding Benchmark Construction of NWA, Inc. I am forwarding to Purchasing the change order to your PO 08-0000667-001. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice