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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 (SEAL) Title: 41)/ 6 r (SEAL) Attest 4teet—a Ma"" l City of Fayetteville 00500 - 9 0111111111111,00, tiny •. •�\�s Y OF •. 9's 0: .7 FAY ETTF1/1LLE; 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 800ZO pes!nea :ie6eue!j yoleds!a :ia6eue!nl sa!#II!ln D CD Finance & Internal Services Director: :ae6euepj Xe6pn8 :Jopana auawpedea :JeSeue!n! 6u!seyo,rnd D 3 :suonon4su! _wads 0 QO v tl) Cil A W N 0 3 6u!!pueH,6u!dd!43 c 0 a O 0 enss! 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R;3 ci' 0to • -rt 0 u • Si a fp Ca?_ a h y N Ull :JegwnN 0.d :•oN uomsmbaa 0 N z 0 pegoally salon° X 0 Q c (f1 AZ 0 4) 0 C CO m 0 N O O 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