HomeMy WebLinkAbout116-10 RESOLUTIONRESOLUTION NO. 116-10
A RESOLUTION AWARDING BID AND APPROVING A CONTRACT WITH
GROUND ZERO CONSTRUCTION, INC. IN THE AMOUNT OF $64,750.00
FOR CONSTRUCTION OF HAMESTRING CREEK TRIBUTARY
RESTORATION THROUGH THE RED OAK PARK SUPPLEMENTAL
DRAINAGE IMPROVEMENTS PROJECT, AND APPROVING A 15%
PROJECT CONTINGENCY
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
and approves a contract with Ground Zero Construction, Inc. in the amount of $64,750.00 for
construction of Hamestring Creek Tributary restoration through the Red Oak Park Supplemental
Drainage Improvements Project. A copy of the contract is attached as Exhibit "A."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
fifteen percent (15%) project contingency.
PASSED and APPROVED this 6th day of July 2010.
APPROVED:
By:
ATTEST:
By:
a4d/LA} gcifte;71-i
SONDRA E. SMITH, City Clerk/Treasurer
DOCUMENT 00500 — AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Title CONSTRUCTION OF HAMESTRING CREEK TRIBUTARY
RESTORATION THROUGH RED OAK PARK Supplemental DRAINAGE
IMPROVEMENTS.
Contract No.:
THIS AGREEMENT is dated as of the (p- day of in the year 2010 by and
between The City of Fayetteville, Arkansas and Ground ro Co traction, Inc.
(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 includes, but is not limited to:
Installation of a 42 inch concrete headwall, concrete intake structure for a 66" storm
drain pipe, and a concrete outfall structure with a "Snout" trash collection device
over a 42" discharge pipe and miscellaneous related items.
ARTICLE 2 - ENGINEER
2.01 The Project has been designed by the City of Fayetteville, Engineering Division, who
is hereinafter called Engineer. The Engineer assumes 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.
ARTICLE 3 - CONTRACT TIME
3.01 TIME OF THE ESSENCE:
A. 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.
City of Fayetteville 00500 - 1
DOCUMENT 00500 — AGREEMENT (continued)
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A. The Work will be Substantially Completed within 30 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 45 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 The City of Fayetteville will suffer financial loss if the
Work is not completed within the time specified above, plus any extensions
thereof allowed in accordance with the GENERAL CONDITIONS. The
parties also recognize the delays, expense, and difficulties involved in
proving the actual loss suffered by The City of Fayetteville if the Work is not
Substantially Completed on time. Accordingly, instead of requiring any such
proof, The City of Fayetteville and Contractor agree that as liquidated
damages for delay (but not as a penalty) Contractor shall pay The City of
Fayetteville One Hundred Fifty Dollars ($150.00) for each calendar day that
expires after the time specified above in Paragraph 3.02 for Substantial
Completion until the Work is Substantially Complete. After Substantial
Completion, if Contractor shall neglect, refuse, or fail to complete the
remaining Work within the time specified in Paragraph 3.02 for completion
and readiness for final payment or any proper extension thereof granted by
The City of Fayetteville, Contractor shall pay The City of Fayetteville Seven
Hundred Fifty Dollars ($750.00) for each calendar day that expires after the
time specified for completion and readiness for final payment.
ARTICLE 4 - CONTRACT PRICE
4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to
accept, as full and final compensation for all work done under this agreement, the
amount based on the prices bid in the Proposal (BID FORM) which is hereto
City of Fayetteville 00500 - 2
DOCUMENT 00500 — AGREEMENT (continued)
attached, for the actual amount accomplished under each pay item, said payments to
be made in lawful money of the United States at the time and in the manner set forth
in the Specifications.
4.02 As provided in the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER
as provided in the General Conditions. Unit prices have been computed as provided
in the General Conditions.
4.03 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 SUBMITTAL AND PROCESSING OF PAYMENTS:
A. Contractor shall submit Applications for Payment in accordance with the
GENERAL CONDITIONS. Applications for Payment will be processed by
Engineer as provided in the GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS, RETAINAGE:
A. The City of Fayetteville shall make progress payments on account of the
Contract Price on the basis of Contractor's Applications for Payment as
recommended by Engineer, on or about the 15th day of each month during
construction. All such payments will be measured by the schedule of values
established in the GENERAL CONDITIONS (and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements.
1. Prior to Substantial Completion, progress payments will be made in
an amount equal to the percentage indicated below, but, in each case,
less the aggregate of payments previously made and less such
City of Fayetteville 00500 - 3
DOCUMENT 00500 — AGREEMENT (continued)
amounts as Engineer shall determine, or The City of Fayetteville
may withhold, in accordance with the GENERAL CONDITIONS.
a. 90% of Work Completed (with the balance being retainage). If
Work has been 50% completed as determined by Engineer, and
if the character and progress of the Work have been satisfactory
to The City of Fayetteville and Engineer, The City of
Fayetteville 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 The City of Fayetteville as
provided in the GENERAL CONDITIONS.
2. Upon Substantial Completion, The City of Fayetteville 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 The City of Fayetteville
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, The City of Fayetteville shall pay the remainder
of the Contract Price as recommended by Engineer and as provided in the
GENERAL CONDITIONS.
City of Fayetteville 00500 - 4
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor
makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents
including the Addenda and other related data identified in the Bid
Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to
the general, local, and Site conditions that may affect cost, progress,
performance, and furnishing of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, performance, and
furnishing of the Work.
D. Contractor has carefully studied all:
(1)
reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous
to the Site; and
(2) reports and drawings of a Hazardous Environmental Condition, if
any, at the Site. Contractor acknowledges that The City of
Fayetteville and Engineer do not assume responsibility for the
accuracy or completeness of information and data shown or indicated
in the Contract Documents with respect to Underground Facilities at
or contiguous to the Site.
E. Contractor has obtained and carefully studied (or assumes responsibility of
having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or contiguous to the Site
or otherwise which may affect cost, progress, performance, and furnishing of
City of Fayetteville 00500 - 5
DOCUMENT 00500 -- AGREEMENT (continued)
the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Contractor and
safety precautions and programs incident thereto.
F. Contractor does not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the
performing and furnishing of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the
Contract Documents.
G. Contractor is aware of the general nature of work to be performed by The
City of Fayetteville and others at the Site that relates to the Work as indicated
in the Contract Documents.
H. Contractor has correlated the information known to Contractor, information
and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract
Documents.
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.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of
the Work.
ARTICLE 7 - CONTRACT DOCUMENTS
7.01 CONTENTS:
A. The Contract Documents which comprise the entire Agreement between The
City of Fayetteville and Contractor concerning the Work consist of the
City of Fayetteville 00500 - 6
DOCUMENT 00500 — AGREEMENT (continued)
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. Notice to Proceed.
b. Contractor's Bid.
c. Documentation submitted by Contractor prior to Notice of
Award.
3. Performance, Payment, and other Bonds.
4. General Conditions.
5. Supplementary Conditions.
6. Specifications consisting of divisions and sections as listed in table
of contents of Project Manual.
7. Drawings consisting of a cover sheet and sheets as listed in the table
of contents thereof, with each sheet bearing the following general
title:
CONSTRUCTION OF HAMESTRING CREEK
TRIBUTARY RESTORATION THROUGH RED OAK
PARK Supplemental DRAINAGE IMPROVEMENTS
8. 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.
City of Fayetteville 00500 - 7
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE S - 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.
8.03 SUCCESSORS AND ASSIGNS:
A. The City of Fayetteville 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:
A. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon The City of
Fayetteville and 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.
City of Fayetteville 00500 - 8
DOCUMENT 00500 - AGREEMENT (continued)
8.05 FREEDOM OF INFORMATION ACT:
A. City 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 photocopying costs
pursuant to the FOIA may be assessed for this compliance.
OTHER PROVISIONS: Not Applicable.
IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement
in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two
counterparts each has been delivered to The City of Fayetteville. All portions of the Contract
Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or
identified by Engineer on their behalf.
This Agreement will be effective on
Effective Date of the Agreement.
Aft
GROUND ZERO CONSTRUCTION, INC.
, 2010, which is the
CITY OF FAYETTEVILLE
By: (print) Rco By: (print) ,L to n /6 ft rdit
Title: T Q�S£� c
Attest
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City of Fayetteville 00500 - 9
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DOCUMENT 00500 — AGREEMENT (continued)
Address for giving notices Address for giving notices
P. 0. Box 830 113 West Mountain Street
Siloam Springs, Arkansas 72761 Fayetteville, Arkansas 72701
License No. 0148370510
Agent for Service of process
(attach evidence of authority to
sign and resolution or other documents
authorizing execution of Agreement)
(If Contractor is a corporation; Approved A --tp Form:
attach evidence of authority toi / �/ , r/
sign.) By: 1 fg' l�-( • C ,4/,
Attorney For: e f%' v { 74- > ---
END OF DOCUMENT 00500
City of Fayetteville 00500 - 10
cg, Chris Brown
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:
Development Services
Department
A resolution to award a contract to Grournd Zero Construction, rine. • in
the amount of $ 64/1150 for the Construction of Hamestring Creek
Tributary Restoration Through Red Oak Park Supplemental Drainage Improvements project and
approve a project contingency of 15% of the Construction bid.
$ 64, 15a
Cost of this request
4470.9470.5817.00
Account Number
02108.0903
Project Number
Budgeted Item
X
$
443,534.00
Category / Project Budget
Other Drainage Improvements/Red Oak Park
Program Category / Project Name
4,917.62 Bridge and Drainage Improvements
Funds Used to Date Program / Project Category Name
438,616.38 Sales Tax Capital Improvement Project
Remaining Balance Fund Name
Budget Adjustment Attached r-1
Finance and Internal Services Director
Glt -W11.010
Date
16- /0
Date
7.1.7.6tp
Date
to p.3//b
Date
0.075
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City 06-17-10P03:09 R CVD
Clerk's Office Il
Received in
Mayor's Office
Comments:
Revised January 15, 2009
reit
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting of July 6, 2010
To: Mayor and City Council
Thru:
Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
From: Glenn Newman, Staff Engineer
Date: June 18, 2010
Subject: A resolution to award a contract to Ground Zero Construction, Inc. for construction of
drainage improvements for the Construction of Hamestring Creek Tributary Restoration
Through Red Oak Park Supplemental Drainage Improvements project and approve a project
contingency of 15% of the Construction Bid.
PROPOSAL:
The drainage channel through Red Oak Park and the downstream property leading to Hamestring Creek is
suffering from erosion due to residential development in the watershed and the resulting increased storm water
flows. Since the construction of the subdivisions upstream in the 1990's, the City of Fayetteville has added
storm water detention ordinances to prevent the increases in peak flow that has caused erosion in this area.
The erosion problem has been evaluated numerous times since 2004. Recently, a solution evaluated through
public meetings and agreed upon by the Corp of Engineers has been prepared. The project includes a
combination of stone check dams, intake and outfall structures, and piping that ultimately decreases the velocity
and reduces the erodible surface area. The Transportation Department will be performing the majority of the
work by installing the stone check dams and piping. The Transportation Department's current workload does
not allow for the required resources and skilled labor to construct the concrete control structures located at New
Bridge Road and the concrete headwall at Hamestring Creek, therefore, bids were solicited for construction of
these structures and are included in the proposed contract for consideration.
Bids were received on June 15, 2010, ranging from $ 64,750 to $ 99,500. The low bid of $ 64,750 was
submitted by Ground Zero Construction, Inc.
RECOMMENDATION:
Staff recommends approval of a construction contract with Ground Zero Construction, Inc. in the amount of
$ 64,750 for construction of drainage improvements for the Construction of Hamestring Creek Tributary
THE CITY OF FAYETTEVILLE, ARKANSA
Restoration Through Red Oak Park Supplemental Drainage Improvements Project and approval of a project
contingency of 15% of the Construction bid.
BUDGET IMPACT:
This construction contract will be funded with a portion of the Sales Tax Capital Improvement Project dedicated
to drainage projects. Funding available in this project fund is approximately $440,600. The Total estimated
cost of drainage improvements to Red Oak Park and downstream improvements including the contract and the
improvements by the Transportation Division is estimated to be $ 219,433, with $ 56,741 corning from Parks
and Recreation, and $ 162,692 coming from the Other Drainage Improvements project fund.
RESOLUTION NO.
A RESOLUTION AWARDING BID AND APPROVING A
CONTRACT WITH GROUND ZERO CONSTRUCTION, INC. IN THE
AMOUNT OF $64,750.00 FOR CONSTRUCTION OF HAMESTRING
CREEK TRIBUTARY RESTORATION THROUGH THE RED OAK
PARK SUPPLEMENTAL DRAINAGE IMPROVEMENTS PROJECT,
AND APPROVING A 15% PROJECT CONTINGENCY
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
and approves a contract with Ground Zero Construction, Inc. in the amount of $64,750.00 for
construction of Hamestring Creek Tributary restoration through the Red Oak Park Supplemental
Drainage Improvements Project. A copy of the contract is attached as Exhibit "A."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
fifteen percent (15%) project contingency.
PASSED and APPROVED this 6`11` day of July 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
OUTFALL
STRUCTURE
W/DEBRIS
COLLECTION
HAMESTRING CREEK TRIBUTARY
RESTORATION THROUGH RED OAK PARK
SUPPLEMENTAL DRAINAGE IMPROVEMENTS
Hamstring Creek Tributary Restoration - Bld Tabulation
SPEC.
NO, RE[ !ASCRIPTION
EST
UNIT ()TY
Estimate
UNE.
PRICE
T'[YI'AL
Ground Zara
UNIT
PRICE
Forhtman Enterprises
1JNIT
TOTAL PRICE
t 112 Trench and Excavation Sakty LS 1 51.150 51,150 5500 .5500
ramfirraon
UNIT
TOTAL PRICE TOTAL
01
Sweetser
UNIT
PRICE
TOTAL
51 5500 5500 0500 5500
2 511 Motalixation 1S 1 02,300 52,300 52,005 52,005 02,400 02,400 54.000 54,000 51,400 51,400
3 700 Insurance and Bonding LS 1 02,300 52,300 52,561 52,501 53,910 53,910 $2,500 02,5011 51,100 51,100
4 SP1 lnlakcSlnicturc LS 1 514,375 514,375 513,066 513,066 511,900 5E1,900 522,000 022,000 512,641 512,641
5 SP2 Outfall Snucrurc LS 526,450 526,450 833,541 933,541 044,400 544,400 554,900 054,900 560375 560,075
6 SP1 Headwall Structure ES 08,625 56.625 013,077 313,077 511,460 511,400 515,600 515,600 516,500 516,500
Total 055,200 Total 004,750 Total 074,071 Total 099,500 Total 593,016
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Prosect Manual
CITY OF FAYETTEVILLE
ARKANSAS
CONSTRUCTION OF HAMESTRINC
CREEK TRIBUTARY RESTORATION
THROUGH RED OAK PARK
Supplemental DRAINAGE
IMPROVEMENTS
BID # 10-43
Date: May, 2010
RED OAK PARK IMPROVEMENTS
SPEC #2
aye e
AR I<ANS ;S
TABLE OF CONTENTS
Contract Title: CONSTRUCTION OF
HAMESTRING CREEK TRIBUTARY
RESTORATION THROUGH RED OAK PARK
Supplemental DRAINAGE IMPROVEMENTS
CONTRACT DOCUMENTS
INTRODUCTORY INFORMATION
00010 TABLE OF CONTENTS
00100 BID SOLICITATION
00120 INVITATION TO BID
00140 BIDDERS QUALIFICAITON STATEMENT
00200 INSTRUCTIONS TO BIDDERS
00400 BID FORMS AND SUPPLEMENTS
00400 BID FORM
00410 BID BOND
00430 LIST OF SUBCONTRACTORS
00500 AGREEMENT FORM
00550 NOTICE TO PROCEED
00600 BONDS AND CERTIFICATES
00610 PERFORMANCE BOND
00611 LABOR AND MATERIAL PAYMENT BOND
00700 CONTRACT GENERAL CONDITIONS
00800 SUPPLEMENTARY CONDITIONS
PREVAILING WAGE DETERMINATION
29 CFR Part 1926 Subpart P, OSHA Standards
Contract for Excavation Reporting Fonn
DIVISION 1 - GENERAL REQUIREMENTS
01110 SUMMARY OF WORK
01250 CONTRACT MODIFICATION PROCEDURES
01270 UNIT PRICES
01290 PAYMENT PROCEDURES
01320 PROJECT MEETINGS, SCHEDULES, AND REPORTS
01420 DEFINITIONS AND STANDARDS
01530 BARRIERS AND TEMPORARY CONTROLS
01560 TEMPORARY UTILITIES AND FACILITIES
City of Fayetteville 00010- 1
00010-1 of 2
00120-1 of 2
00140-1 of 4
00200-1 of 10
00400-1 of 8
00410-1 of 2
00430-1 of 1
00500-1 of 10
00550-1 of 2
00610-1 of 3
00611-1 of4
00700-1 of 55
1 of 1
1 of 1
366 — 403
1 of 1
01110-1 of3
01250-1 of 2
01270-1 of 2
01290-1 of 2
01320-1 of 2
01420-1 of 3
01530-1 of6
01560-1 of 8