HomeMy WebLinkAbout28-08 RESOLUTIONRESOLUTION NO. 28-08
A RESOLUTION AWARDING BID #08-16 AND APPROVING A
CONTRACT WITH KINCO CONTRACTORS, LLC IN THE AMOUNT OF
$240,784.72 FOR THE INSTALLATION OF SIX (6) TRAIL BRIDGES FOR
SCULL CREEK TRAIL; AND APPROVING A 15% PROJECT
CONTINGENCY IN THE AMOUNT OF $36,117.71.
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
#08-16 and approves a contract with Kinco Contractors, LLC in the amount of $240,784.72 for
the installation of six (6) trail bridges for Scull Creek Trail.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
15% project contingency in the amount of $36,117.71.
PASSED and APPROVED this 19th day of February, 2008.
APPROVED:
By:
ATTEST:
By:eTtoacn
DAN COODY Mayor SONDRA E. SMITH, City Clerk/Treasurer
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DOCUMENT 00500
CONTRACT
THIS AGREEMENT, made and entered into on the 19 t A day of �-e-b Kua r
2008, by and between Kinco Constructors, LLC herein called the Contractor, and the Ci
Fayetteville, Arkansas, hereinafter called the Owner.
WITNESSETH:
That Kinco Constructors, LLC, for the consideration hereinafter fully set out, hereby agrees with the
City of Fayetteville, Arkansas as follows:
That Kinco Constructors, LLC shall furnish all the materials, and perform all of the work in
manner and form as provided by the following enumerated Drawings, Specifications, and
Documents, which are attached hereto and made a part hereof, as if fully contained herein
and are entitled Scull Creek Trail Bridges, dated January, 2008.
Advertisement for Bids
Instructions to Bidders
Bid and acceptance thereof
Performance Bond
Payment Bond
General Conditions
Supplementary Conditions
Specifications
10 Drawings (Bound Separately)
2. That the City of Fayetteville, Arkansas hereby agrees to pay to Kinco Constructors, LLC for
the faithful performance of this Agreement, subject to additions and deductions as provided in
the Specifications or Bid, in lawful money of the United States, the amount of Two Hundred
Forty Thousand, Seven Hundred Eighty Four and 72/100 Dollars ($240,784.72)
3. The Work will be substantially completed within 90 days after the date when the Contract
Time commences to run as provided in the Notice to Proceed.
4. Liquidated Damages: The City of Fayetteville, Arkansas and Kinco Constructors, LLC
recognize that time is of the essence of this Agreement and the City of Fayetteville, Arkansas
will suffer financial loss if the Work is not completed within the times specified in above,
plus any extensions thereof allowed in accordance with the General Conditions. They also
recognize the delays, expense, and difficulties involved in proving the actual loss suffered by
the City of Fayetteville, Arkansas if the Work is not completed on time. Accordingly,
instead of requiring any such proof, the City of Fayetteville, Arkansas and Kinco
Constructors, LLC agree that as liquidated damages for delay (but not as a penalty) Kinco
Constructors, LLC shall pay the City of Fayetteville, Arkansas Three Hundred ($300 00)
for each day that expires after the time specified in Paragraph 3 for Substantial Completion.
FY072125 Scull Creek Trail Bridges 00500 - 1
5. That within 30 days of receipt of an approved payment request, the City of Fayetteville,
Arkansas shall make partial payments to Kinco Constructors, LLC on the basis of a duly
certified and approved estimate of work performed during the preceding calendar month by
Kinco Constructors, LLC, LESS the retainage provided in the General Conditions, which is
to be withheld by the City of Fayetteville, Arkansas until all work within a particular part has
been performed strictly in accordance with this Agreement and until such work has been
accepted by the City of Fayetteville, Arkansas.
6. That upon submission by Kinco Constructors, LLC of evidence satisfactory to the City of
Fayetteville, Arkansas that all payrolls, material bills, and other costs incurred by Kinco
Constructors, LLC in connection with the construction of the work have been paid in full,
final payment on account of this Agreement shall be made within 60 days after the
completion by Kinco Constructors, LLC of all work covered by this Agreement and the
acceptance of such work by the City of Fayetteville, Arkansas.
7. It is further mutually agreed between the parties hereto that if, at any time after the execution
of this Agreement and the Surety Bond hereto attached for its faithful performance and
payment, the City of Fayetteville, Arkansas shall deem the Surety or Sureties upon such bond
to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the
performance of the work, Kinco Constructors, LLC shall, at its expense, within 5 days after
the receipt of notice from the City of Fayetteville, Arkansas, furnish an additional bond or
bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to
the City of Fayetteville, Arkansas. In such event, no further payment to Kinco Constructors,
LLC shall be deemed to be due under this Agreement until such new or additional security
for the faithful performance of the work shall be furnished in manner and form satisfactory to
the City of Fayetteville, Arkansas.
8. 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.
9. This Contract shall be governed by the law of the State of Arkansas.
10. Freedom of Information Act. The City of Fayetteville, Arkansas contracts and documents
prepared while performing City of Fayetteville, Arkansas 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, Arkansas, Kinco Constructors, LLC 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.C.$25-19-101 et. Seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
FY072125 Scull Creek Trail Bridges 00500 - 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first
above written, in three (3) counterparts, each of which shall, without proof or accounting for the
other counterpart be deemed an original Contract.
SEAL:
WITNESSES:
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FY072125 Scull Creek Trail Bridges
KINCO CONSTRUCTORS, LLC
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CITY OF FA A TTEVILLE, ARKANSAS
By4 Li
Mayor
Attorney for Owner.
00500 - 3
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
2/19/2008
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
2-S o8'
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5.44. 1✓ra:L ,8n,tdgt4u
Operations
Department
Approval of a resolution awarding Bid # 08-16 and approving a contract with in the
amount of $ for the complete installation of the 6 trail bridges for Scull Creek Trail; and approving a 15%
project contingency in the amount of $
Cost of this request
4520-9520-5814.05
Account Number
06036 / 1
Project Number
Budgeted Item
X
790,547.75
Category / Project Budget
52,972.75
Funds Used to Date
$ 737,575.00
Remaining Balance
Budget Adjustment Attached
Transportation Bond Trail Improvements
Program Category / Project Name
Trail Improvements
Program / Project Category Name
Sales Tax 2006A Construction Fund
Fund Name
1111.6.11.1
Department Director
Date
ir
City Attorney DL
Finance and Internal Service Director
Mayor
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
Revised April 16, 2007
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
2/19/2008
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Operations
Department
Approval of a resolution awarding Bid # 08-16 and approving a contract with Kinco Contractors, LLC. in the amount of
$240,784.72 for the complete installation of the 6 trail bridges for Scull Creek Trail; and approving a 15% project
contingency in the amount of $36,117.71.
$ 276,902.43
Cost of this request
4520-9520-5814.05
Account Number
06036 / 1
Project Number
790,547.75 Transportation Bond Trail Improvements
Category / Project Budget
52,972.75
Program Category / Project Name
Trail Improvements
Funds Used to Date Program / Project Category Name
737,575.00 Sales Tax 2006A Construction Fund
Remaining Balance Fund Name
Budgeted Item X Budget Adjustment Attached
Department Director Date
City Attorney
Date
Finance and Internal Service Director Date
Mayor
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office
Received in
Mayor's Office
Comments:
Revised April 16, 2007
Wttev!lle
ARKANSAS
City Council Meeting of February 19, 2008
Agenda Item Number
CITY COI ACM AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
Ron Petrie, City Engineer
From: Matt Mihalevich, Trails Coordinator
Date: February 11, 2008
Subject: Scull Creek Trail Bridges — Installation Only, Bid #08-16
RECOMMENDATION •
Approval of a resolution awarding Bid # 08-16 and approving a contract with Kinco
Contractors, LLC. in the amount of $240,784.72 for the complete installation of the 6
trail bridges for Scull Creek Trail; and approving a 15% project contingency in the
amount of $36,117.71.
BACKGROUND
As construction of Scull Creek Trail continues to progress, a total of 6 pedestrian trail bridges are
necessary to complete the trail from Mud Creek Trail south to Frisco Trail. in an effort to reduce
cost, the fabrication and delivery of the bridges was bid directly by the City as Bid #08-15 (Scull
Creek Trail Bridges — Equipment Only) and will delivered to the individual bridge sites to be
installed by the contractor of Bid #08-16.
Under Bid #08-16 the contractor will be responsible for the excavation and construction of
concrete bridge abutments at each of the 6 bridge locations along with stream bank stabilization
work to protect the abutments from flood events. Once the abutments are complete, the
contractor will install the prefabricated bridges (provided by the City) and pour a concrete deck
with 15 foot approach slabs on each side. The City trails crew will then complete the trail by
paving up to the approach slabs on each side. The individual bridges and lengths are listed below
along with a map of the bridge locations on page 2.
Bridge
Name
Span Length
CMN Bridge
Dr. Bridge
62 feet
Ash St. Bridge
64 feet
Sycamore St Bridge
38 feet
Bridge
Name
Span Length
Bernice
Dr. Bridge
50 feet
Cleveland St. Bridge
50 feet
Frisco St.
Bridge
80 feet
DISCUSSION
The style of bridges will match the recently installed Town Branch Bridge and will be fabricated
from Weathering Steel which will never require painting or any maintenance.
RESOLUTION NO.
A RESOLUTION AWARDING BID #08-16 AND APPROVING A
CONTRACT WITH KINCO CONTRACTORS, LLC IN THE
AMOUNT OF $240,784.72 FOR THE INSTALLATION OF SIX (6)
TRAIL BRIDGES FOR SCULL CREEK TRAIL; AND APPROVING
A 15% PROJECT CONTINGENCY IN THE AMOUNT OF
$36,117.71.
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 #08-16 and approves a contract with Kinco Contractors, LLC
in the amount of $240,784.72 for the installation of six (6) trail bridges for Scull
Creek Trail.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a 15% project contingency in the amount of $36,117.71.
PASSED and APPROVED this 19th day of February, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
The installation of the bridges was advertised on January 18t and 25th, 2008 as bid number 08-16
with official bids on February 8th, 2007. The official bid tab will be attached.
BUDGET IMPACT
Funds for the installation of the bridges outlined above has been budgeted as part of the trails
portion of the Transportation Bond Program. Sufficient funding is available for this contract.
BRIDGE LOCATIONS MAP
SCULL CREEK TRAIL
Page 2
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Finance & Internal Services Director. Budget Manager: IT Manager:
Dispatch Manager: Utlllhes Manager: Other.
Revised 6/17/03
Special Instructions:
Per Bid #08-16 and Res*
CD fv V O) O W N A +
'Requester:
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Vendor #:
16924
City Of Fayetteville
Shipping/Handling
Bridge Installation for Scull
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MCEMND
CONSULTING
ENGINEERS, INC.
/!D£SION£D17OIS£RVE1/
1810 N. College Avenue
P.O. Box 1229
Fayetteville, Arkansas 72703 / 72702-1229
PHONE: 479-443-2377
FAX: 479-443-9241
February 13, 2008
Mr. Matt Mihalevich
Trails Coordinator
City of Fayetteville
113 W. Mountain St.
Fayetteville, -AR 72701
Re: Scull Creek Trail Bridges
Dear Mr. Mihalevich:
I have enclosed four (4) signed contracts for this project form Kinco Constructors, LLC
to be included in the City Council Packet.
If there are any questions, please contact us.
Sincerely,
LLAND C ULTING ENGINEERS, INC.
Enclosure: Contract (4 copies)
W:120071072125 Fay Scull Creek Trail Britlges\Correspontlenceellatl-0213wpdwj
From: Clarice Pearman
To: Mihalevich, Matt
Date: 2.29.08 3:38 PM
Subject: Res. Nos. 27-08 & 28-08
CC: Audit
Matt:
Sorry for the delay and inconvenience I was out with the "bug." Attached are copies of the above resolutions passed by
City Council for your bridges. I will forward to Purchasing your requisitions for these items. Also, I will forward to you via
interoffice mail three of four original signed agreements. Please let me know if there is anything else needed for these
items. Have a good weekend.
Thanks.
Clarice
(2.29.08)
Clarice
Pearman -
Res.
Nos. 27-08
& 28-08
Page
From: Clarice Pearman
To: Mihalevich, Matt
Date: 2.29.08 3:38 PM
Subject: Res. Nos. 27-08 & 28-08
CC: Audit
Matt:
Sorry for the delay and inconvenience I was out with the "bug." Attached are copies of the above resolutions passed by
City Council for your bridges. I will forward to Purchasing your requisitions for these items. Also, I will forward to you via
interoffice mail three of four original signed agreements. Please let me know if there is anything else needed for these
items. Have a good weekend.
Thanks.
Clarice
---
(2.29.08 Clarice Pearman - Re: Res. Nos. 27-08 & 28-08 Page 1
From: Matt Mihalevich
To: Clarice Pearman
Date: 2.29.08 3:40 PM
Subject: Re: Res. Nos. 27-08 & 28-08
Clarice, there was no attachment. Also, I wanted to let you know while you were out, Amber sent me the resolution for the
bridge manufacture only with Thompson Culvert Company.
So I only need the Kinco Resolution.
Thanks,
Matt
»> Clarice Pearman 2/29/2008 3:38 PM »>
Matt:
Sony for the delay and inconvenience I was out with the "bug? Attached are copies of the above resolutions passed by City
Council for your bridges. I will forward to Purchasing your requisitions for these items. Also, I will forward to you via interoffice
mail three of four original signed agreements. Please let me know if there is anything else needed for these items. Have a good
weekend.
Thanks.
Clarice
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Operations
Department
Staff requests approval of Change Order #2 to Contract #2028 with Kinco Constructors, LLC in the amount of
$2,980.97, to the original contract amount of $240,784.72, for the addition of drilled pier foundations for the Frisco
Bridge on Scull Creek Trail.
2,980.97
Cost of this request
4520-9520-5814.05
Account Number
06036 / 1
Project Number
Budgeted Item
X
ment it
((At
City Attorney
Q. -
825,975.00 Transportation Bond Trail Improvements
$
Category / Project Budget
560,957.47
Program Category / Project Name
Trail Improvements
Funds Used to Date Program / Project Category Name
265 017 53 Sales Tax 2006A Construction Fund
Remaining Balance
Budget Adjustment Attached
Finance and Internal Service Director
ayor
6 -9 -os
Date
d6
Date
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
Revised April 16, 2007
Wane -Ole
KI�N51�5
MEMO
To: Gary Dumas, Director of Operations�& City Clerk
Thru: Ron Petrie, City Engineer Y�+t"at
From: Matt Mihalevich, Trails Coordinator
Date: June 6, 2008
Subject: Scull Creek Trail Bridges, Frisco Bridge - Change Order #2 for Kinco Constructors.
Recommendation: Staff requests approval of change order #2 with Kinco Constructors, Inc. in the amount of
$2,980.97, to the original contract amount of $240,784.72 for drilled pier foundations for the Frisco Bridge on
Scull Creek Trail. A 15% project contingency in the amount of $36,117.71 was approved by Resolution #28-08
which included the award of Bid #08-16 and contract with Kinco Constructors.
Background: The foundation type for Frisco Trail was bid as a spread footing, however based on
geotechnical investigation of the soil type, the engineers have recommended using a drilled pier
foundation type instead of the spread footing. This change in footing type results in a $2,980.97 increase
in the contract price.
Discussion: The proposed change order of $2,980.97 falls within the approved 15% contingency of
$36,117.71
Budget Impact: If approved, the change order will use $2,980.97 from transportation bond program for trail
development.
NAME OF PROJECT:
OWNER.
CHANGE ORDER
Order No.
Date:
Agreement Date:
Scull Creek Trail Bridges
City of Fayetteville
2
June 3, 2008
February 19, 2008
CONTRACTOR: Kinco Constructors, LLC.
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. Revise the Frisco Bridge Abutments to use a Drilled Pier foundation system.
Justification:
Add cost of $2,980.97 to contract.
1. The project was bid using the footing foundation system for the Frisco Bridge Abutments. However, the
Geotechnical Investigation recommended a Drilled Pier foundation system and the Bridge designer has
competed the abutment design using the drilled pier foundation system.
CONTRACT PRICE prior to this Change Order:
Increase in Contract Price.
CONTRACT PRICE Including this Change Order:
Substantial Completion Time Prior to This Change Order:
Final Completion Time Prior to This Change Order:
Net Time Change Resulting From This Change Order:
Current Contract Completion Dates Including This Change Order
Final Completion:
$ 240 784.72
$ 2.980.97
$ 243,765.69
90 Calendar Days
90 Calendar Days
0 Calendar Days
August 10, 2008
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased)(decreased) by 0 calendar days.
The date for completion of all work will be August 10 2008
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,regyllred by theGENERAL CONDITIONS.
Requested by:
Recommended by:
Approved by:
Kinco ConstructorsL
ndCo
Cit
f Fayett
mile
W:\2007\072125 Fay Scull Creek Trail Bridges \Corresponde
Date
ate
Date
6
MayorDate
RESOLUTION NO. 28-08
A RESOLUTION AWARDING BID #08-16 AND APPROVING A
CONTRACT WITH KINCO CONTRACTORS, LLC IN THE AMOUNT OF
$240,784.72 FOR THE INSTALLATION OF SDC (6) TRAIL BRIDGES FOR
SCULL CREEK TRAIL; AND APPROVING A 15% PROJECT
CONTINGENCY IN THE AMOUNT OF $36,117.71.
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
#08-16 and approves a contract with Kinco Contractors, LLC in the amount of $240,784.72 for
the installation of' six (6) trail bridges for Scull Creek Trail.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
15% project contingency in the amount of $36,117.71.
PASSED and APPROVED this 19"' day of February 2008.
APPROVED:
By:
DAN COODY Mayor
AIIEST:
By: 1y�'"'_
SONDRA E. SMITH, City Clerk/Treasurer