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Home My WebLink About04-11 RESOLUTIONRESOLUTION NO. 04-11 A RESOLUTION AWARDING BID #11-03 AND AUTHORIZING THE PURCHASE OF CURB AND GUTTER CONSTRUCTION FROM GROUND ZERO CONSTRUCTION AS A PRIMARY SUPPLIER AND TOMLINSON ASPHALT CO. INC. AS A SECONDARY SUPPLIER 1N VARIABLE AMOUNTS AS NEEDED IN CALENDAR YEAR 2011 BY THE TRANSPORTATION DIVISION 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 #11-03 and authorizes the purchase of curb and gutter construction from Ground Zero Construction as a primary supplier and Tomlinson Asphalt Co. Inc. as a secondary supplier for the unit price amounts specified in the attached Exhibit "A," as needed in calendar year 2011 by the Transportation Division. PASSED and APPROVED this 4th day of January, 2011. APPROVED: ATTEST: BY: akdriAtti & . 1'Yk SONDRA E. SMITH, City Clerk/Treasurer Ste/ Y OF° ° G`pS r : FAYETTEVILLE: rr �� Js `� S. qn n n Ci0 *eye dF,,49 `VG E OA•° 1-51°1yettcylisle Bid 11-03, Curb and Gutter 810. 11-03 DATE:12/10110 2>00 PM Din OF FAYETTEVILLE ]sell.! Desenpllen istSnelod CennWy Soohpr Co amnia on Fochfinen Enterp noes, Inc. Ground 2a o Construction 9weetrer Construction, Inc. Tomr nr. A: halt Co., Inc. P UNIT PRICE TOTAL UNIT PRICE TOTAL UHIT PRICE TOTAL UNIT PRICE . TOTAL. DMT PRICE TOTAL , 2 3 { v e T Hand cowed 'Typo A" Curb and Ostler [per apecificallprnl -Por Linear Fool 5,000 $11.00 $50,000.00 29.40 $47,000.00 98.80 04,00 40.00 30.90 544,509 0 0 99-50 947,500.00 RiOd Farmed -Typo D" ••Por Square Foot 1,090 $12,00 012,000.00 9.19.49 510.40000 59.50 90,609.00 59.90 59,900.00 510.50 510.50040 Flvlwcrk •4" TTIcI1 0IdeW4la, Driveway Approaphea, Anc.nc Ramps) - Each 10,000 52.70 $27.509.00 $3.20 $32,000.00 €3.00 030.000.00 03.15 581,50000 22.90 529000.00 Flaiwprk -9" Thick (Sidewalk. Onivaway Approaches, Ann,nc Rernpo . Each 10,000 $5.25 932.50000 94.10 541,000.00 $3.50 $$$.000.00 53.00 599.000.00 $3.80 5$8.000.00 Etre"! Rep0Ir - 11" To lOR 1par op4eifinitinr99 - Per Square Fnel 2,090 23.75 07,500.00 0500 010.000.00 $0.00 016.02000 59.60 513,000.00 55.40 510.601,00 519.500.00 Drop Inlet - Me% 4' Delp leer speclllcaton:0-Each 10 52.00090 920,9110.00 51,900.00 219.000.00 01,90050 919,90000 61,000.00 $19000-00 51,960.00 4 pool Inlet Extonelon {per ap9cmr0tiansl - Each 6 $600,00 $4,000.90 6600.00 53.900.00 2500.00 02.600.00 5800.00 03.00000 5500.00 52200.00 TOTAL BIO BASED ON ESTIMATES= 5159,800,00 0162,40960 5158,000.00 5156,900.00 0167.600.00 CERTIFIED: 'NOTICE: SII award ie eominpvnt upon vendor mmeting minllnor119 eadioidnnu arid formal 0uthori%Olion by Oily officials. roominp]Agent COW (TRESS C7 -.Lai [ 0 OA Terry Gulley Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements January 4, 2011 City Council Meeting Date Agenda Items Only Transportation Division Action Required: Transportation Services Department A resolution awarding Bid 11-03, Curb and Gutter to Ground Zero Construction as primary supplier and Tomlinson Asphalt Co., Inc. as secondary supplier and approving the purchase of curb and gutter construction for the unit price amounts specified on the attached bid tabulation, as needed through the end of calendar year 2011. $ 156,000.00 Cost of this request 4470.9470.5417.00 4470.9470.5418.00 Account Number 0205211 0205311 1,532,300.00 600,000.00 Category / Project Budget Funds Used to Date 2,132,300.00 Project Number Remaining Balance Budgeted Item ILE Budget Adjustment Attached In -House Pavement Improvements Sidewalk Improvements Program Category / Project Name Transportation Improvements Transportation Improvements Program / Project Category Name Sales Tax Capital Improvements Sales Tax Capital Improvements Fund Name Qt. fj Finance and Internal Services Director /2,—/S-10 Date Date C2-j7-2Oto Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 12-15-1 0 P03 : 05 R CVD Clerk's Office kouniu Received in Mayor's Office Comments: Revised January 15, 2009 le THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff From: Terry Gulley, Transportation Services Directof14 Date: January 4, 2011 Subject: A resolution awarding Bid 11-03, Curb and Gutter to Ground Zero Construction as primary supplier and Tomlinson Asphalt Co., Inc. as secondary supplier and approving the purchase of curb and gutter construction for the unit price amounts specified on the attached bid tabulation, as needed through the end of calendar year 2011. PROPOSAL: Staff proposes a resolution awarding Bid 11-03, Curb and Gutter to Ground Zero Construction as primary supplier and Tomlinson Asphalt Co., Inc. as secondary supplier and approving the purchase of curb and gutter construction for the unit price amounts specified on the attached bid tabulation, as needed through the end of calendar year 2011. RECOMMENDATION: The purchase of bulk construction materials and services is necessary to maintain the City's current infrastructure and to implement the Capital Improvement Program projects outlined in the 2011 Annual Budget & Work Program and five-year Capital Improvement Program plan. Sealed formal bids for curb and gutter construction were publicly read and the results are attached to this memo. Bid 11-03: Staff recommends awarding the curb and gutter construction bid to Ground Zero Construction as primary supplier and Tomlinson Asphalt Co., Inc. as secondary supplier for use on an "as needed" basis, in the event that the primary supplier cannot supply the necessary materials or services within the time frame required to complete a project. BUDGET IMPACT: Funds for the acquisition of these materials and services have been budgeted in the In -House Pavement Improvements and Sidewalk Improvements capital projects. Sufficient funding is available for the 2011 purchases. Attached: Bid 11-03 Curb and Gutter RESOLUTION NO. A RESOLUTION AWARDING BID #11-03 AND AUTHORIZING THE PURCHASE OF CURB AND GUTTER CONSTRUCTION FROM GROUND ZERO CONSTRUCTION AS A PRIMARY SUPPLIER AND TOMLINSON ASPHALT CO. INC. AS A SECONDARY SUPPLIER IN VARIABLE AMOUNTS AS NEEDED IN CALENDAR YEAR 2011 BY THE TRANSPORTATION DIVISION 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 #11-03 and authorizes the purchase of curb and gutter construction from Ground Zero Construction as a primary supplier and Tomlinson Asphalt Co. Inc. as a secondary supplier for the unit price amounts specified in the attached Exhibit "A," as needed in calendar year 2011 by the Transportation Division. PASSED and APPROVED this 4th day of January, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer THE AMERICAN INSTITUTE OF ARCHITECTS Bond # S400989 AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Ground Zero Construction, Inc. P.O. Box 830 (Here Insert full none and address ar legal tide of Contractor) Siloam Springs, AR 72761 as Principal, hereinafter tailed Contractor, and, Employers Mutual Casualty Company (Here insert full name and address ar legal title of Surety P.O. Box 8550 Kansas City, MO 64114 as Surety, hereinafter called Surety, are held and firmly bound 113 W. Mountain Street Fayetteville, AR 72701 as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED FIFTY-SIX THOUSAND AND NO/100THS unto City of Fayetteville, Arkansas Rive insert full name and address or legal title of Owner) Dollars ( $156,000.00 1, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 1/4/2011 , entered into a contract with Owner for Were insert full name, address and description of project) Bid 11-03, Curb and Gutter in accordance with Drawings and Specifications prepared by Nem insert full name and address or legal tide of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 19:0 ED. • THE AMERICAN INSTITUTE Of ARCHITECTS, 1711 N.Y. AVE. N.W., WASHINGTON, D. C. 20006 PERFORMANCE BOND NOW, THEREFORE, THE CONDIT/ON OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under rhe Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this 31st defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- tratOrs or successors of the Owner. day of January, 2011. Ground Zero Construction, Inc. .+ t rnrss Wirnes> i Principal, �/• tJ,�sn r rucl Employers Mutual Casualty Company ISeab Dorena Wise iStaetyf /ride Attorney -In -Fact (Seri AIA DOCUMENT A311 - PERFORMANCE t3OND ANO LABOR AND MATERIAL PAYMENT BOND • AIA e FEBRUARY TWO ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 17)5 N.Y. AVE., N_W., WASHINGTON, D. C. 20006 2 THE AMERICAN INSTITUTE OF ARCHITECTS Bond # S400989 A!A Document A377 Labor and Material Payment Bond THIS BOND Is ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Ground Zero Construction, Inc. [Here insert full name and address or legal title of Contractor) P.O. Box 830 Siloam Springs, AR 72761 as Principal, hereina€ter. called Principal, and, Employers Mutual Casualty Company P.O. Box 8550 {Here insert full name and address or legal title of 5uretyl Kansas City, MO 64114 as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 W. Mountain Street ,Here inert full name and address or legal rale of Owner) Fayetteville, AR 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED FIFTY-SIX THOUSAND AND NO/100THS (Here Insert a sum equal to at lean ane•half of the contract price) Dollars ( $156,000.00 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated mere insert MI nurse, address and description of project) Bid 11-03, Curb and Gutter in accordance with Drawings and Specifications prepared by 1/4/2011 , entered into a contract with Owner for Nem insen MI name and address or legal tide of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE 8OND AND LABOR AND MATERIAL PAYMENT BOND • A:A FEBRUARY1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W,. WASHINGTON. D. C. 20006 3 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severalty agree with the Owner that every claimant as herein defined, who has not been paid in hill before the expiration of a period of ninety (90) days after the date on which the last of such claimant's wotk or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: at Unless claimant, other than one having a direct contract with the Principat, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this 31st accuracy the amount claimed and the name of the party to whom the materials were furnished, or For whom the work or tabor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one ill year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall he deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c1 Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. day of January, 2011. 1 rWirneskr Ground Zero Construction, Inc. (Principal) jl/Li� P� s f� o/�►�r f rill' Employers Mutual Casualty Company (Surety) Ad&,(Zi Isr n Dorena Wise fs•) Attorney -In -Fact AIA DOCUMENT A311 • PERrORMANCt BONE] AND LABOR AND MATERIAL PAYMENT BONG • AIA FEBRUARY 1910 ED. • THE AMERICAN tNSTITutE OF ARCHITECTS, 1735 N.Y, AYI., N•W., WASHINC;ION, D. C. xntIOG 4 THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER • BACK OF THIS DOCUMENT HAS A SIMULATED WATERMARK - HOLD AT AN ANGLE TO VIEW. M EN C Insurancei anes No: 924795 PO Box /12 • Des Moines, IA 50306-0712 CERTIFICATE -OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1,` ` Employers Mutual Casualty Company, an Iowa Corporation EMCASCOlnsurance`Company'an lrswa.Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4... Illinois EMCASCO:Insurance-Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an lowaCorporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: SHERESE D. ESCOVEDO, CAROLYN HUNTER, MICHAEL D. HALTER, SYLVIA A. YOUNG ; KEVIN BRUICK, RANDY IRVIN, ALFRED L. WILLIAMS, DORENA WIS€, CHARLES M. ALLEN, G. ROBERT SMITH, DALE E. TEMPLE, ROLFE KENNEOY,CONNOR WELCH, INDIVIDUALLY; LITTLE ROCK, ARKANSAS its true and lawful attorney=rn-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING' TEN MILLION DOLLARS ($10,000,000.00) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to tie authen"ty'hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1, 2011 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made aryl executedputsuant. to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duiy Galled and held in 1999: RESOLVED: The President and Chiel.Exectitiive Officer; any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1-) appoint attomeys in-fapt 'and .authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given td him or.'her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the;ConTpany, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and ahy Such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shalt be fully and in all respects binding upon this Company, The facsiipile or'riteihanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power•af-attomey'of:the Company; shall be valid and binding upon the Company with the same force and affect as though manuallyafxed. IN WIITN gg WHEREOF, the Comparriii ��r ve,caused these presents to be signed for each by their officers as shown, and the Corporate seats to be hereto affixed this 271h1 day of ,A RI '' , 2010 Seals �I,, ur eeonq,,i'tO�aPO4.q c : O B• APaRq o SEAL '^Ot..771.$tt• m n- + 5..195, _ ' lis •'• „r Za. , +i+�'n(A� ^f ,J ,.. �QWp•" ''gi,, + * "+h,,,,,,,1!` ,13tunt "' °4 r . _a �o�ro4.4 ri _ y SEAL - p A ▪ ' '.1„4;11;;;;,,00, 9 _a�. 1,tO PO 11, 1}11., . S-1,000844 fCO �F�a 0RAIN NC^ ro SEAL_ 4 SEAL • `CHERYL CROWNOVER ' Ccrnmtssion Number 719084 Poly Comm. Exp. Dot. 15 2011 Bruce G. Kelley, hairman of Companies 2, 3, 4, 5 & . ; President of Company 1; Vice Chairman and CEO of Company 7 Michael I"reel Assistant Secretary On this 27THday of APRIL AD - 2010 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly swom, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, andior Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this Instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freer, as such officers, acknowledge: the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires October 18, 2011. Notary P in and for the State of towa CERTIFICATE I, David L. Hixenbarrgh, Bice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the. Companies, and this Power f Attorney issued 1pursuant thereto on APRIL 27, 2010 on behalf of Sherese D. Egscove o, Carolyn Hunter, Michael U. Halter, Sylvia A. Young, Kevin Efruick, Randy Irvin, Alfred L. Williams, Dorena are true and correct and are still in fultforceend effect. Wise, Charles M. Allen, G. Robert Smith, Dale E. Temple, Rolfe Kennedy, Connor Welch in Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 3 t day of • ac) j! . '. • Form 7832 (10-07 4th) "For verification of the authenticity of the Power of Attorney you may call (515) 345-2689." Vice -President