Loading...
HomeMy WebLinkAbout76-09 RESOLUTIONRESOLUTION NO. 76-09 A RESOLUTION APPROVING CHANGE ORDER NO. 2 TO THE CONTRACT WITH DRC EMERGENCY SERVICES, LLC IN THE AMOUNT OF $200,000.00 FOR ADDITIONAL DEBRIS REMOVAL ASSOCIATED WITH THE JANUARY 2009 ICE STORM; APPROVING A CONTINGENCY INCREASE OF $30,000.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $230,000.00. 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 Change Order No. 2 to the contract with DRC Emergency Services, LLC in the amount of $200,000.00 for additional debris removal associated with the January 2009 Ice Storm. A copy of the Change Order, 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 contingency increase of $30,000.00. Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a budget adjustment in the amount of $230,000.00. PASSED and APPROVED this 7th day of April, 2009. APPROVED: By: Al FEST: By: .at.d /AC SONDRA E. SMITH, City Clerk/Treasurer •'41 R /TR4s% •• .G% • • .Ft.; V. •A: •FAYETTEVILLE: 3 :4. -9; • •• P • '`•:4'VfrnN ��14� ayev.evue Change Order No. 2 Page 1 of CONTRACT CHANGE ORDER. City Contract ii 2077 Schedule City Resolution # 47-09 Date 3/26/2009 City Pmject No.: 09010.0901 ANRC Project No.: NIA Project Name: Debris Removal Services Location: Fayetteville. AR Owner: City of Fayetteville Contractor: DRC Emergency Services, LLC Address: 113 W Mountain Address: 740 Museum Dr Fayetteville, AR 72701 Sarasota. FL 34232 THE FOLLOWING CHANGES ARE HEREBY AMENDED INTO THE CONTRACT PLANS AND SPECIFICATIONS: ITEM # DESCRIPTION DECREASE INCREASE I 5 6 Removal of vegetative debris ... Tree removal and disposal> 24" Limb removal per are $75,000.00 550,000.00 575,000.00 TOTAL DECREASE AMOUNT TOTAL INCREASE AMOUNT NET CHANGE ORDER 50.00 S200.000.00 S200,000.00' CHANGE TO CONTRACT AMOUNT: TOTAL AMOUNT ENGINEERS FINAL ELIGIBLE AMOUNT $2,419.185.64 50.00 Original Contract Amount Total Previous Change Order(s) Nei Amount This Change Order TOTAL CONTRACT AMOUNT TO DATE $40O.000,no 50.00 $200,000.00 5200,000.00 Si 019185,64 5200,000.00 CHANGE TO CONTRACT COMPLETION DATE: 'Original Completion Date Previous Adjusted Completion Date (Increasel(Deerease) This Change Order Calendar Days NEW CONTRACT COMPLETION DATE. �,GNNL - RECOMMENDED: �ture Tate .122A:1_,,a Signature Title Dade �1 Q (tc ACCEPTED: r..e.cc1 an ey c. tc,co MAL Contractor \ 1 BY:——"----.4Meit..Cs - 3Vl1t4 Signature Title date APPROVED: CITY OF FAYETTEVILLE Owner BY: Signaturc Title Date BY: Sicnnmre Title Date RESOLUTION NO. 47-09 A RESOLUTION TO APPROVE A CONTRACT FOR STORM DEBRIS REMOVAL SERVICES WITH DRC EMERGENCY SERVICES, LLC IN THE AMOUNT OF $2,419,185.64, PLUS A CONTINGENCY OF $400,000.00 WHEREAS, after the devastating ice storm of' January 26-27, 2009, President Obama declared much of Northwest Arkansas, including the City of Fayetteville a Disaster Area eligible for FEMA assistance; and WHEREAS, the amount of downed trees, broken limbs, and other debris throughout Fayetteville is so massive that Fayetteville's employees and equipment cannot handle the tremendous job of removing such debris without hiring an independent contractor, and WHEREAS, the cost of the debris removal will be largely offset by reimbursements from FEMA and the State of Arkansas; and WHEREAS, the City of Fayetteville properly solicited Requests For Proposals from independent contractors desiring to be awarded a Contract for Storm Debris Removal Services; and WHEREAS, the City's Selection Committee painstakingly reviewed proposals from almost twenty companies and the selected by use of an approved rating/point system, the applicant/proposal which was the most qualified, capable, and economical company to pick up, remove and reduce to wood chips the debris caused by the ice storm. NOW, THEREFORE, 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 selection of DRC Emergency Services, LLC as the most qualified, capable and economical company to be awarded the contract for Storm Debris Removal Services. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby awards the Contract For Storm Debris Removal Services (attached as Exhibit "A") which includes all terms within the Project Manual, to DRC Emergency Services, LLC in the amount of $2,419,185.64 plus a contingency of $400,000.00. ,„annnp„ =v ;p73 FAYETTEVILLE rAPPR•`• OVEATTEST- 9y'9RKANSfi ,s,NrTON G0•' By:�J1it ` PASSED and APPROVED this 18th day of February 2009. SO NDRA E. SMITH, City Clerk/Treasurer THIS by and SECTION 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND DRC EMERGENCY SERVICES, LLC AGREEMENT is dated as of the l �°{ day of February in the year 20 09, between the CITY OF FAYETTEVILLE and DRC EMERGENCY SERVICES, );:LC. 1. DRC EMERGENCY SERVICES, LLC shall commence and complete all Work as Specified:or indicated in the Contract Documents. The WORK is generally described as follows: STORM DEBRIS :SERVICES, CONTRACT SECTION 1, 2, 3, & 4 DRC EMERGENCY SERVICES, LLC shall furnish all materials, supplies, tools, equipment, labor and other service necessary for the completion pf the WORK described herein. 3. DRC EMERGENCY SERVICES, LLC shall commence the WORK required by the CONTRACT DOCUMENTS on or before a date to be specified in .the NOTICE TO PROCEED and completed in one hundred twenty (120) days for debris removal and one hundred sixty (160) days for debris collection site closure from date of notice to proceed DRC EMERGENCY SERVICES, LLC shall pay the CITY OF FAYETTEVILLE,.as liquidated damages, the sum of $2000 for each calendar day thereafter that the: WORK is not complete. Upon approval of the City of Fayetteville, the contract may be extended as needed through December 31, 2012. DRC EMERGENCY SERVICES, LLC agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the PROPOSAL. 6. The term CONTRACT DOCUMENTS shall mean and include the following: 6.1 Request for Proposal 6.2 Information for Proposers 6.3 Supplemental Information for Proposers 6.4 Statement of Disclosure 6.5 Debarment, Suspension, and Other Responsibility Matters 6.6 Primary Contacts 6.7 Proposal 6.8 Proposer's Statement of Subcontractors 6.9 Bid Bond 6.10 Agreement Between .City of Fayetteville and DRC EMERGENCY SERVICES, LLC 6.11 Performance and Payment Bond 6.12 Warranty Bond • 00500.doc 6.13 General Conditions 6.14 Prevailing Wage Rates 6.15 Notice of Award 6.16 Notice to Proceed 6.17 Project Manual for Storm Debris Services 6.18 Addenda 6.19 Change Orders The CITY OF FAYETTEVILLE shall pay DRC EMERGENCY SERVICES,' LLC in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. MISCELLANEOUS 9.1. Terms used in the Agreement.which are defined in Article I of the General Conditions will have the meanings indicated in the General Conditions. 9.2. 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. 9.3. City of Fayetteville and DRC EMERGENCY SERVICES LLC each binds itself, it 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. 9.4. My 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 stricken', provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 9.5. 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. 9.6. 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, DRC EMERGENCY SERVICES, LLC 00500.doc 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. 9.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVII.LE and DRC EMERGENCY SERVICES, LLC have signed this Agreement in quadruplicate. Two counterparts each have been delivered to City of Fayetteville, and two counterparts have been delivered to DRC EMERGENCY SERVICES, LLC. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and DRC EMERGENCY SERVICES, LLC. OWNER CITY OFF 1411E4All :yorLio>, . Jordan [CORPORATE SEAL] CONTRACTOR pRC EMERGENCY SERVICES, LLC BY %awV' S ATTEST Address for giving notices: 113 W. Mountain Fayetteville, AR 72701 oosoo.doc meka S%c& &d Mambu LCfQ [CORPORATE SEAL] cl r do shot, nlAn ti Moi ess for giving-n6tices: License No. Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sig.) City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2009 Department: Division: Program: Citywide Citywide Ice Storm 2009 - FEMA Date Requested 4/7/2009 Adjustment Number Project or Item Added/Increased: $230,000.00 is requested in the Professional Services account in the ICE FEMA (2009 Ice Storm Reimbursement) project. Project or Item Deleted/Reduced: $28,750.00 is requested from the State Grants - Operational account, $172,500.00 is requested from the Federal Grants - Operational account and $28,750.00 is requested from the Use of Fund Balance account. Justification of this Increase: Additional funds are needed to allow for an increase in the total cost of ice storm debris removal monitoring services required to complete the removal of all remaining debris. Staff has requested the approval of Change Order #2 to Contract 2027 with DRC Emergency Services, LLC. to increase the contract amount due to actual debris quantities having exceeded the original estimate. Justification of this Decrease: Since the area was declared a national disaster, reimbursement from FEMA (75%), Arkansas Department of Emergency Management (12.5%) and use of fund balance (12.5%) in the City's Replacement & Disaster Recovery Fund will be available. Increase Budget Account Name Account Number Professional Services Account Name State Grants - Operational Federal Grants - Operational Use of Fund Balance 4270 9280 Amount Project Number 5314 00 230,000 09010 0901 Decrease Budget Account Number 4270 4270 4270 0927 0927 0927 4302 4309 4999 01 01 99 Amount Project Number 28,750 09010 0901 172,500 09010 0901 28,750 MOW 8;j8rt' Approval Signatures Finance Dire tor 3 s 1) a, Date 3-.26-o 9 Date V/ ate te g'/fog Date Budget & Research Use Only Type: A B C General Ledger Date Approval Date Posted to General Ledger Posted to Project Accounting E Initial Date Initial Date Initial Date Terry Gulley Submitted By utud of mkt kitio City of Fayetteville Staff Review Form 6 s�K'(J, City Council Agenda Items and Contracts, Leases or Agreements 4/7/2009 City Council Meeting Date Agenda Items Only Transportation Division Action Required: Transportation Services Department Approval of Change Order #2 to Contract Number 2077 with DRC Emergency Services, LLC to increase the contract amount by $200,000.00 for a total contract amount of $3,019,185.64, approval to increase the contingency amount by $30,000.00 for a total contingency amount of $430,000.00 and approval of a budget adjustment in the amount of $230,000.00. 230,000.00 Cost of this request 4270.9280.5314.00 Account Number 09010/0901 Project Number Budgeted Item $ 4,000,000.00 Category / Project Budget 2,903,401.54 ICE FEMA (2009 Ice Storm Reimb) Program Category / Project Name Ice Storm 2009 Funds Used to Date Program / Project Category Name $ 1,096,598.46 Replacement & Disaster Recovery Remaining Balance Fund Name Budget Adjustment Attached X Department Di ,3 a6 -o9 Date )7 City Attorney D9te O -Qom..i Q. (Lis, 3-3o-oq Fri ance and Internal Services Director Date 1 ILS/LL— Cf: Staff ayor Previous Ordinance or Resolution # 47-09 Original Contract Date: 2/18/2009 Original Contract Number: 2077 Received in City Clerk's Office t ERec) itc,7-02 us) Comments: Revised January 15, 2009 a e eville y ARRA\SAS CITY COUNCIL AGENDA MEMO City Council Meeting of April 7, 2009 To: Fayetteville City Council Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff From: Terry Gulley, Transportation Services Director Date: April 7, 2009 Subject: Approval of Change Order #2 to Contract 2077 with DRC Emergency Services, LLC to increase the contract amount by $200,000.00 for a total contract amount of $3,019,185.64 and approval to increase the contingency amount by $30,000.00 for a total contingency amount of $430,000.00. RECOMMENDATION • Staff recommends approval of Change Order #2 to Contract Number 2077 with DRC Emergency Services, LLC to increase the contract amount by $200,000.00 for a total contract amount of $3,019,185.64 and approval to increase the contingency amount by $30,000.00 for a total contingency amount of $430,000.00. BACKGROUND Contract Number 2077 currently provides for services including but not limited to vegetative storm debris removal, tree trimming & removal within public lands and right of way, and debris disposal site operations management City-wide, in compliance with FEMA requirements. DISCUSSION The storm debris removal and storm debris removal monitoring contracts were based on an estimated total of 419,922 cubic yards of storm debris. As of March 23, 2009, Solid Resources, Inc. reported that DRC Emergency Services, LLC had removed a total of 403,413 cubic yards. An additional 100,000 cubic yards of remaining storm debris is now estimated to require removal. Uncertainty in the scope of the ice storm debris removal operation at the time it was necessary to begin required the use of estimates prepared with preliminary information and to the best ability of City staff. The estimates were prepared using a combination of aerial photo information calibrated with actual removal rates based on what City crews had actually removed in several areas. As actual storm debris quantities have exceeded the original estimate, a Contract Amendment will be necessary to complete the removal of all remaining storm debris. BUDGET IMPACT DRC Emergency Services, LLC projects that an additional $200,000.00 will be required, in addition to the approved contingency amount, to complete the removal of all remaining debris and staff requests an additional $30,000.00 to increase contingency. Approval of the attached budget adjustment will allocate the necessary amount from the City's Replacement & Disaster Recovery Fund. Costs associated with ice storm debris removal will be largely offset by reimbursements from FEMA and the State of Arkansas. RESOLUTION NO. A RESOLUTION APPROVING CHANGE ORDER NO. 2 TO THE CONTRACT WITH DRC EMERGENCY SERVICES, LLC IN THE AMOUNT OF $200,000.00 FOR ADDITIONAL DEBRIS REMOVAL ASSOCIATED WITH THE JANUARY 2009 ICE STORM; APPROVING A CONTINGENCY INCREASE OF $30,000.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $230,000.00. 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 Change Order No. 2 to the contract with DRC Emergency Services, LLC in the amount of $200,000.00 for additional debris removal associated with the January 2009 Ice Storm. A copy of the Change Order, 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 contingency increase of $30,000.00. Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a budget adjustment in the amount of $230,000.00. PASSED and APPROVED this 7th day of April, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Qerk/Treasurer 41 Fhtm • ry le ,.`".,., PURCHASE ©HOER LIQ VENDOR NO. 18634 DRC Emergency Services LLC 740 Museum Dr Mobile AL 36608 Each Package Must Be Marked Exactly As Shown Here City cd Fayetteville, Arkansas PURCHASE ORDER # 09-0000207-001 DATE 2/25/09 FOB Fyv TERMS NET 30 DAY Unit OOryry �'. of Received Issue Description and Account Number Unit Pf(ee 4 TOTALS 1.00 LOT a) Storm Debris Services Per RFP #09-04 Res #47-09 Contract #2077 4270.9280.5314.00 090100901 2419185.64 2419185.64 Please add line item C) Change Order #2 to Contract #2077 to increase contract amount by $200,000.0'0 allowing for additional debris removal services necessary for clean-up from the 2009 ice Storm. Please use g/1 account number 4270.9280.5314.00 09010/0901, upon approval of contract Change Order #2. SHIP TO: ' Transportation Dept 1525 S Happy Hollow Rd Fayetteville Alt 72701 Sales Tax Total: $223774.67 Apperson,G Purchase Order Total: 2642960.31 DEPARTMENT VERIRCATION RECENED DEPT HEAD APPROVAL AMOUNT TO PAY NP VERIFICATION PURCHASING VERIRGITKNI PRICE CHANGE VERIFICATION RETURN CHECK TO SEND COPY TO ADDmONALAPPROVAL CHECK # DOES NOT MEET PURCHASING POLICY CONTRACT PAYMENT OTHER APPROVED BY DEPT COPY PROJECT # THS PAYMENT S PREVIOUS PAYMENT(S) S TOTAL PYMT(S) S BALANCE S Clarice Pearman - Res. 75-09 & 76-09 From: To: Date: Subject: CC: Attachments: Clarice Pearman Gulley, Terry 4.13.09 4:48 PM Res. 75-09 & 76-09 Audit; Fell, Barbara; Purchasing Audit; Fell, Barbara; Purchasing Page 1 of 1 Terry: Attached are copies of your agenda items passed by City Council regarding Solid Resources, Inc. CO2 and DRC Emergency Services, LLC CO2. I will forward to Budget & Research your budget adjustments. I am forwarding to you one of two signed agreements for Solid Resources. Also, I am forwarding to Purchasing your change orders for both items. Please let me know if there is anything else needed for this item. Have a good day. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville. ar. us file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49E36CC5 F... 4.13.09 • Terry Gulley Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements City CounciltMeeting Date Agenda Items Only Transportation Division Action Required: `( 001 Cnn03 Ourici Su'vi ct S t1C Co3 Transportation Services Department Approval of Change Order #3 to Contract Number 2077 with DRC Emergency Services, LLC to increase the contract amount by $30,000.00 authorizing the use of contingency approved by Resolution No. 76-09. 30,000.00 Cost of this request 4270.9280.5314.00 Account Number 09010/0901 Project Number Budgeted Item X 4,000,000.00 Category / Project Budget 3,400,315.54 Funds Used to Date 599,684.46 Remaining Balance Budget Adjustment Attached ICE FEMA (2009 Ice Storm Reimb) Program Category / Project Name Ice Storm 2009 Program / Project Category Name Replacement & Disaster Recovery Fund Name Dertment'erector{ 7) /V ate 1--I-f4-6c( City Attcatey-\ Fi ance and Internal Se of of Fff ices Director _Ass Date CI 14-2009 Date ay r 045 Date Da>v, Previous Ordinance or Resolution # 76-09 Original Contract Date: 2/18/2009 Original Contract Number: 2077 Comments: Revised January 15, 200941( a e �eville Y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff From: Terry Gulley, Transportation Services Director Date: April 14, 2009 Subject: Approval of Change Order #3 to Contract 2077 with DRC Emergency Services, LLC to increase the contract amount by $30,000.00 authorizing the use of contingency approved by Resolution No. 76-09. RECOMMENDATION Staff recommends approval of Change Order #3 to Contract Number 2077 with DRC Emergency Services, LLC to increase the contract amount by $30,000.00 authorizing the use contingency approved by Resolution No. 76-09. BACKGROUND Contract Number 2077 currently provides for services including but not limited to vegetative storm debris removal, tree trimming & removal within public lands and right of way, and debris disposal site operations management City-wide, in compliance with FEMA requirements. DISCUSSION The storm debris removal and storm debris removal monitoring contracts were based on an estimated total of 419,922 cubic yards of storm debris. As of April 11, 2009, Solid Resources, Inc. reported that DRC Emergency Services, LLC had removed a total of 465,492 cubic yards. An additional 52,382 cubic yards of remaining storm debris is now estimated to require removal Uncertainty in the scope of the ice storm debris removal operation at the time it was necessary to begin required the use of estimates prepared with preliminary information and to the best ability of City staff. The estimates were prepared using a combination of aerial photo information calibrated with actual removal rates based on what City crews had actually removed in several areas As actual storm debris quantities have exceeded the original estimate, a Contract Amendment will be necessary to complete the removal of all remaining storm debris. BUDGET IMPACT $30,000.00 is available within the approved contract contingency. DRC Emergency Services, LLC projects that an additional $220,000.00 will be required in addition to the approved contingency amount. Staff will submit a separate request for City Council approval of Change Order #4 to address this increase. Costs associated with ice storm debris removal will be largely offset by reimbursements from FEMA and the State of Arkansas. tUt 1144ttgr 4 • • Soc. Y pee . offS •fit c ;FAYETTEVILLE: %t'• .9,Q A 5 J :9s .k N P �'; ,,,e ei GO`, Change Order No. 3 Page 1 of 2 CONTRACT CHANGE ORDER City Contract # 2077 Schedule City Resolution # 47-09 Date 4/13/2009 City Project No.: 09010.0901 ANRC Project No.: N/A Project Name: Debris Removal Services Location: Fayetteville, AR Owner: City of Fayetteville Contractor: DRC Emergency Services, LLC Address: 113 W Mountain Address: 740 Museum Dr Fayetteville, AR 72701 Sarasota, FL 34232 THE FOLLOWING CHANGES ARE HEREBY AMENDED INTO THE CONTRACT PLANS AND SPECIFICATIONS: ITEM # DESCRIPTION DECREASE INCREASE 1 7 Removal of vegetative debris from assigned load site to disposal site Management, processing and loading of all debris and/or residue at the disposal site $22,874.11 $7,125.89 TOTAL DECREASE AMOUNT TOTAL INCREASE AMOUNT NET CHANGE ORDER SO 00 530,000.00 530,000.00 CHANGE TO CONTRACT AMOUNT: TOTAL AMOUNT ENGINEERS FINAL ELIGIBLE AMOUNT 50.00 52 419,185.64 Original Contract Amount Total Previous Change Order(s) Net Amount This Change Order TOTAL CONTRACT AMOUNT TO DATE 5600 000.00 $0.00 $30,000.00 530.000.00 530,000.00 53.049,185.64 CHANGE TO CONTRACT COMPLETION DATE: Original Completion Date Previous Adjusted Completion Date (IncreasexDecrease) This Change Order Calendar Days NEW CONTRACT COMPLETION DATE: RECOMMENDED: ACCEPTED: bet_ Signature SiTitle Date E Enu= mrct� Jor, 1, t) BY: N/^�, C�,ntractot c 4 (N( d, VN✓'-� .tel . ..) Signature OF APPROVED: CITY FQJA{YETTEVILLE Title Date BY: ner M/ 704. "/ /� BY: � gnature S Title Date C ,4 �i ..t,,.ti.�l t t Signature Title D4tt'Ct tUt 1144ttgr 4 • • Soc. Y pee . offS •fit c ;FAYETTEVILLE: %t'• .9,Q A 5 J :9s .k N P �'; ,,,e ei GO`, Cost Breakdown for Change Order Requested Increase _ a, -ii: lc; l0 N N N N 69 Total Contract Change $30,000.00 Estimated Qty Remaining ON 01 GG CC h h N N_ N N Unit Cost - O N O r1 69 69 Unitl } < U m Description Removal of vegetative debris from assigned load site to disposal site Management, processing and loading of all debris and/or residue at the disposal site v -N Please note: The calculations shown above are based on an average unit price, per the contract amounts for each quadrant within the City of Fayetteville. RESOLUTION NO. 76-09 A RESOLUTION APPROVING CHANGE ORDER NO. 2 TO THE CONTRACT WITH DRC EMERGENCY SERV.IC'FS, LLC IN THE AMOUNT OF $200,000.00 FOR ADDITIONAL DEBRIS REMOVAL ASSOCIATED WITH THE JANUARY 2009 ICE STORM; APPROVING A CONTINGENCY INCREASE OF $30,000.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $230,000.00. 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 Change Order No. 2 to the contract with DRC Emergency Services, LLC in the amount of $200,000.00 for additional debris removal associated with the January 2009 Ice Storm. A copy of the Change Order, 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 contingency increase of $30,000.00. Section 3. That the City Council of the City of Fayetteville, Arkansas, hereby approves a budget adjustment in the amount of $230,000.00. PASSED and APPROVED this 7th day of April, 2009. APPROVED: By ATTEST: By: / e AN, Mayor- . SONDRA E. SMITH, City Clerk/Treasurer (Miarrp„ aha o 'E,\1 Y OF 0 ° PS = :FAYETTEVILLE: 7.t°, g :9s1:790NSP. $S „'V,GTON Ge)0%� 4600'd 9Y,LOJ. 800'd 699981.8T9Z S30IAHSS AON8OHEWS 080 90:81 6003-CT-Ndy Change Order No. 3 Page 1 of 2 CONTRACT CHANGE ORDER City Contract If 2077 Schedule City Resolution 0 47-09 Date 4/132009 City Project No.: )9010.0901 ANRC Project No.: N/A Project Name: Debris Removal Services Location: Fayetteville, AR Owner. City of Fayetteville Contractrr. DRC Emergency Services. LLC Address: !13 W Mountain Address: 740 Museum Dr Fayetteville. AR 72701 Sarasota, FL 34232 THE FOLLOWING CF.ANOES ARE HEREBY AMENDED INTO THE CONTRACT PLANS AND SPECIFICATIONS: ITEM k DESCRIPTION DECREASE INCREASE I 7 Removal ofvt genitive debris bout assigned load site to disposal site Management. ?roccssing and loading of all debris und/or residue at the ilisposul site .522,574.11 57.125.59 50.00 TOTAL DECREASE AMOUNT TOTAL INCREASE AMOUNT NET CH ANG2 ORDER $30,000.00 530.000.00 CHANGP. TO CONTRACT AMOUNT: 3_Of4L4t 49UNT $2 419 I R5.64 ENGINEERS FINAL ELIGIBLE AMOUNT k0.09. 50.00 Original Contract Amu int Total Previous Change Ordct(S) Net Amount This Change Order TOTAL CONTRACT \MOUNT TO DATE 5600.000.00 $30,000.00 530 000 00 $1.219.4145-S $30.000.00 CHANGE TO CONTRACT COMPLETION DATE; Original Completion D ite 0.rcvious Adjusted Co" plcdnn Date (IncrenveXDecrenve) 1' tis Change Outer Calendar Days ,PIFW CONTRACT CI IMPLETION Imre- COMMENDED; Signature (� Title Date CCEPTED: bei Erna el arc .Yar4 t«j Cdntract BY: x4416 L-_ C .‘) . � . 41$.101 Signature Title ate PPROVED: C TY OF FAYETTEVILLE Owner :Y: Signature Tide Dute BY: Sitinuture Title Date 800'd 699981.8T9Z S30IAHSS AON8OHEWS 080 90:81 6003-CT-Ndy • RESOLUTION NO.47-09 A RESOLUTION TO APPROVE A CONTRACT FOR STORM DEBRIS REMOVAL SERVICES WITH DRC EMERGENCY SERVICES, LLC IN THE AMOUNT OF $2,419,18$.64, PLUS A CONTINGENCY OF 3400,000.00 WHEREAS, after the devastating ice storm of January 26-27, 2009, President Obama declared much of Northwest Arkansas, including the City of Fayetteville a Disaster Area eligible for FEMA assistance; and WHEREAS, the amount of downed trees, broken limbs, and other debris throughout Fayetteville is so massive that Fayetteville's employees and equipment cannot handle the tremendous job of removing such debris without hiring an independent contractor, and WHEREAS, the cost of the debris removal will be largely offset by reimbursements from FEMA and the State of Arkansas; and WHEREAS, the City of Fayetteville properly solicited Requests For Proposals from independent contractors desiring to be awarded a Contract for Storm Debris Removal Services; and WHEREAS, the City's Selection Committee painstakingly reviewed proposals from almost hventy companies and the selected by use of an approved rating/point system, the applicant/pmposal which was the most qualified, capable, and economical company to pick up, remove and reduce to wood chips the debris caused by the ice storm. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETCEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the selection of DRC Emergency Services, LLC as the most qualified, capable and economical company to be awarded the contract for Storm Debris Removal Services. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby awards the Contract For Storm Debris Removal Services (attached as Exhibit "A") which includes all terms within the Project Manual, to DRC Emergency Services, LLC in the amount of $2,419,185.64 plus a contingency of $400,000.00. ,prvmernr '\•T ....�P: : 3 FE FAYETTEVILLE: s t 9Rk SptervQrott cit,?‘ S: PASSED and APPROVED this 18th day of February, 2009. ATTEST: By: SO E. SMITH, City Clerk/Treasurer SECTION 00500 AGREEMENT BETWEEN CITY OF FAYETI'EVII,LE AND DRC EMERGENCY SERVICES, LLC TIIISAGREEMENTis.dated at'Of the ff day of February in the year 29.92 by end hetweentbe CITY OF'FAYETTEVILLEand DRC EMERGENCY SERVICES, 1. DISC EMERCENC"Y'SERVICES, LLC shall commence and complete all Woik as -apartfied:ot shdiicated in the Contract Documents. The WORK is generally described es fellows:' $i'O!R11Y DEBRIS SERVICES, CONTRACT SECTION 1, 2, 3, & 4 DRC EMFRGENCYSERVICES, LLC shall furnish all materials, supplies, tools, equipment, W eta and other soviet necessary for the completion of the WORK desenbed herein. 3. DRC EMERGENCY SERVICES, LLC shall commence the WORK required by (he ;CQNTR4CT D o t 1 NTS on or before a date to be specified in the NOTICE'TO PROCEED and completed in one hundred twenty (120) days for debris removal and onehundred sixty (160) days for debris collection site closure'from date.of notice to proceed DRC EMERGENCY SERVICES, LLC shall pay the CITY OF FAYE7TEVILLE,.as liquidated damages, the sum of $2000 for each calender day thereafter that the WORK is not complete. 4, ,Upon approval of the City of Fayetteville, the contract may be extended as needed through December 31., 2012. 5. DRC EMERGENCY SERVICES, LLC agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as Shown in the PRQPOSAL. 6. The term CONTRACT DOCUMENTS shall mean and include the following: 6.1 Request for Proposal 6.2 Information for Proposers • 6.3 Supplemental Infonnation for Proposers 6.4 Statement of Disclosure 6.5 Debarment, Suspension, and Other Responsibility Matters 6.6 Primary Contacts 6.7 Proposal 6.8 Proposer's Statement of Sulacoutiactots " ` ` 159_ .. _Bid Bond _.,. 6.10. ' 'Agreement Between City ' of ' Fayettdville and DRC EMERGENCY SERVICES, LLC 6.11 Performance and Payment Bond 6.12 Warranty Bond 00500.doc 6.13 General Conditions 6.14 Prevailing Wage Rates 6.15 Notice of Award 6.16 Notice to Proceed 6.17 Project Manual for Storm Debris Services 0.18 Addenda 6:19 Change Orders The C9TY OF FAYETTEVILLE shall pay DRC EMERGENCY SERVICES, LLC in the maturer and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 8.. This Agreement shall be binding upon all patties hereto and their respective heirs, executors, administrators, successors, and assigns 9, MISCELLANEOUS 9.I. Terms used in the Agreementwhich are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions 9.2. 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 am due may not be assigned • without such consent (except to the extent that the effect of this astriction 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. 9.3. City of Fayetteville and DRC EMERGENCY SERVICES, LLC each binds itself:, it 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. 9.4. 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 stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 9.5. 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 9.6. Freedom of Infornraaon 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, DRC EMERGENCY SERVICES, LLC 00500.doc 2. • ,gnVTREmmn a" t1gs ate will do everything passible 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 fru this compliance. 9.7. This contract must be interpreted under Arkansas Law. IN WITNESS WII REOF, CITY 01? FAYETTEVILLE and DRC EMERGENCY SERVICES, LLC have signed this Agreement in quadraphonic. Two counterparts each have been delivered to City of Fayetteville, and two counterparts have been delivered to DRC EMERGENCY SERVICES, LLC. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and DRC EAOROBNCY SERVICES, LLC. OWNER •FAYETTEVIL E S • [CORPORATE SEAL] CONTRACTOR DRC EMERGENCY SERVICES, LLC BY Mak S laFfad , Mombu $. CEO [CORPORATE SEAL] TTFST4.<`C�ST Address for giving notices: 113 W. Mountain Fayetteville, AR 72701 0woada Atkins for eh($rdC. S%wtr, A rices: License No. Agent for service ofprocess: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) ** CHANGE ORDER ** 'Ramie e PURCHAS ORDER ARKANSAS VENDOR NO. 18634 DRC Emergency Services LLC 740 Museum Dr Mobile AL 36608 Each Package Must Be Marked toady As Shown Here City of Fayetteville, Arkansas PURCHASE ORDER # 09-0000207-100 DATE 4/09/09 FOB Fyv TERMS NET 30 DAY Unit o 01 Received Issue Description and Account Number Unit Price TOTALS 1.00 EA b) Change Order #1 to Contract #2077 400000.00 400000.00 04/09/09 C/O #1 to add line item (b) to incr contract amount by $400,000.00 authorizing the use of contingency approved by Res #47-09 4270.9280.5314.00 090100901 Please add line item D) Change Order #3 to Contract #2077 to increase contract amount by $30,000.00 authorizing the use of contingency approved by Res. #76-09. Please use g/I account number 4270.9280.5314.00 09010/0901, upon approval of Change Order #3. SHIP TO: Transportation Dept 1525 S Happy Hollow Rd Fayetteville AR 72701 Apperson,G Sales Tax Total: $260774.67 Purchase Order Total: 3079960.31 OtPARTMEHT VERIRCATION RECEIVED DEPT HEAD APPROVAL AMOUNT TO PAY NP VERIFICATION $ �rtjt Or PURCHASING VERIRCATION PRICE CHANGE VERIFICATION RETURN CHECK TO SEND COPY TO • ADDRIONAL APPROVAL CHECK A DOES NOT MEET PURCHASING POUCY CONTRACT PAYMENT OTHER APPROVED BY DEPT COPY PROJECT 1 THIS PAYMENT PREVIOUS PAYMENT(S) $ TOTAL PYMT(S) S BALANCE E Clarice Pearman - DRC CO3 From: To: Date: Subject: Clarice Pearman Becker, Paul; Gulley, Terry 4.14.09 4:03 PM DRC CO3 Page 1 of 1 Gentlemen: I am in receipt of the staff review item regarding DRC Emergency Services' 003. However it does not have original change orders for signature. Do you have the original signed change order? Please let me know the status. Have a good day! Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpea rma n @ci_fayettevd le. a r. u s file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49E4B3 DFF... 4.14.09 Clarice Pearman - DRC CO3 From: To: Date: Subject: CC: Attachments: Clarice Pearman Gulley, Terry 4.16.09 3:56 PM DRC CO3 Audit Audit Page 1 of 1 Terry: Attached is a copy of your staff review item regarding the DRC Emergency Service, LLC CO3. This will confirm that you were in the office and received one of two signed change order and the PO change order. Please let me know if there is anything else needed for this item. Have a good day. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@a. fayettevi l le. a r. u s file i/C.\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49E75540FA... 4.16.09