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HomeMy WebLinkAbout149-11 RESOLUTIONRESOLUTION NO. 149-11 A RESOLUTION AWARDING BID #11-45 AND APPROVING A CONTRACT WITH SCURLOCK INDUSTRIES OF FAYETTEVILLE, INC. IN THE AMOUNT OF $115,290.98 FOR THE PURCHASE OF PRECAST BOX CULVERT SECTIONS FOR INSTALLATION ON THE UNIVERSITY OF ARKANSAS FARM TRAIL, AND APPROVING A FIVE PERCENT (5%) 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 #11-45 and approves a contract with Scurlock Industries of Fayetteville, Inc. in the amount of $115,290.98 for the purchase of precast box culvert sections for installation on the University of Arkansas Farm Trail. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a five percent (5%) project contingency. PASSED and APPROVED this 6th day of September, 2011. APPROVED: ATTEST: 6 SO DRA E. SMITH, City Clerk/Treasurer yG■ "G\1 Y OF' ■ G % =ia ■(n. Z. ■ ■ :FAYETTEVILLE: _= 5.,15' ▪ 9RkANSPS.=,1. 'i:,▪ ING Qt �C. o Matt Mihalevich Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements September 6, 2011 City Council Meeting Date Agenda Items Only Engineering Division Action Required: Development Services Department Approval of a resolution awarding Bid #11-45 and approving the purchase of precast box culvert sections from Scurlock Industries of Fayetteville in the amount of $105,529.50 plus sales tax in the amount of $9,761.48 for a total contract amount of $115,290.98 for installation on the U of A Farm Trail to create a pedestrian tunnel under Garland Avenue. Approval of a 5% contingency in the amount of 5,764.55 is also requested. $ 115,290.98 Cost of this request 776,574.00 4520.9550.5814.05 $ Account Number 060361 1002 Project Number Category / Project Budget 225,014.42 Transportation Bond Trail Improvements U of A Farm Trail (Scull Creek 1 Agri Park) Program Category / Project Name Trail Improvements Funds Used to Date Program / Project Category Name 551,559.58 Sales Tax Construction Bond Remaining Balance Fund Name Budgeted Item X Budget Adjustment Attached --140A6VAZ Departmrector CI homey 60.2611 Date Date .� l -7211 Finance and Internal Services Director Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Cit' 8 -1 3- i 1 P03:14 K' v J Clerk's Office Zt44 Received in Mayor's Office Comments: Revised January 15, 2009 av'F el:evile 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 Jeremy Pate, Development Services Director Chris Brown, City Engineer 4 From: Matt Mihalevich, Trails Coordinators' Date: August 18th, 2011 Subject: U of A Farm Trail — Precast Box Culvert Bids RECOMMENDATION: Staff recommends approval of a resolution awarding Bid #11-45 and approving the purchase of precast box culvert sections from Scurlock Industries of Fayetteville in the amount of $105,529:50 plus sales tax in the amount of $9,761.48 for a total contract amount of $115,290.98 for installation on the U of A Farm Trail to create a pedestrian tunnel under Garland Avenue. Approval of a 5% contingency in the amount of 5,764.55 is also requested. PROPOSAL: The U of A Farm Trail is a 2.3 mile trail connecting the new bike lanes on Mt. Comfort Road east under 1-540 across the U of A Farm to connect to Scull Creek Trail (see attached site plan). This highly requested trail will provide a safe alternative transportation route for the numerous residents and businesses west of I-540. The new trail will include a tunnel for safe crossing under Garland Avenue (Highway 112). The tunnel will be located just south of Knapp Street near the Pauline Whitaker Animal Science Arena. The City's in-house trails construction crew has been working diligently on the trail project and will install the tunnel using the precast box culvert sections from this bid. BUDGET IMPACT: Funds for the purchase of the precast box culvert sections have been budgeted as part of the Transportation Bond Trail Development Program. RESOLUTION NO. A RESOLUTION AWARDING BID #11-45 AND APPROVING A CONTRACT WITH SCURLOCK INDUSTRIES OF FAYETTEVILLE, INC. IN THE AMOUNT OF $115,290.98 FOR THE PURCHASE OF PRECAST BOX CULVERT SECTIONS FOR INSTALLATION ON THE UNIVERSITY OF ARKANSAS FARM TRAIL, AND APPROVING A FIVE PERCENT (5%) 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 #11-45 and approves a contract with Scurlock Industries of Fayetteville, Inc, in the amount of $115,290.98 for the purchase of precast box culvert sections for installation on the University of Arkansas Farm Trail. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a five percent (5%) project contingency. PASSED and APPROVED this 6th day of September, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer wwmuss.c. s Proposed Tunnel for Trail Under Garland Existing Bdce Lanes on Mt. Comfort Road Agit Abrillirlilliemmern II egend (� X0 Uof A Farm Trail av s Scull Creek Trail Bike Lane '.' o—ff J—�'� rs�J Bike Lane/Shared Lan- jjjjliijfiii3ir•m ---- Shared Lane •• IMO ;ra■tl� aA�,l➢ iIQ1A��li�i L..., INS MEM NS Imjtkannieililso am 11 mMii9:!!pJiiL1 el„ till;i evogn in row fIi► Aa�fonin mit U of A Farm Trail 2.3 Miles �i 11411 iril p tel II aztri jr-111111.51. .1.7 ARAI )l. Itiwgflp7Rep 'Bail. Trye .yille 'BIDDER. Bid 11-45, Precast Concrete Box Culverts 1 Apex Precast Products Li ealry et BID: 11-45 DATE: 08110/11 TIME: 2:00 PM CITY OF FAYETTEVILLE Price Par Linear Foot TOTAL BASE'Bi 270.00 $ 509.50 $137,585.00 2 Hanson Pipe & Precast, Inc. 270.00 $ 840.00 $226,800.00 3 Scurlock Industries of Fayetteville, Inc. 270.00 $ 390.85 $105,529.50 'NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by Cibl officials. CERTIFIED: UiaQIb !! P. VICE, PURCN MGR TNESS DA E City Of Fayetteville Requisition No.: 'Dale: 8117/2011 P.Q Number: Expected Delivery Date: Vendor #: 17158 Vendor Name: Scurlock Industries of Fay. Inc. Mail Yes'_ No: Address: Feb Point: Taxable Yes: r��luate.. lNa:_Y At ched7 s l i` Nit:_____ City: State: Zip Code: Ship to code: 1Q4 Divison Head Appro• I: / jjP [ N ' �� `) Requester: Ginrpry Gundlach 1 Matt Mihalevich Requester's Employee #: 2283 Extension: 489 nerdy Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Project/Subproject 3 Inventory # Fixed Asset* t 2 3 4 5 6 7 8 9 10 Precast Concrete Box Culverts for U of A Farm Trail 270 LF $390.85 5105.529.50 4520.9550.5814.05 06036.1002 30.00 50.00 S0 00 30.00 30.00 30.00 90.00 soon 50.00 Special Instructions: Per Bid 11-45 and Res. _ Subtotal: Tax: Total: 3105 529.50 39.761.48 3115290.98 Approvals: Mayor: Finance Dispatch Department Director: Budget Manager: Ulilities Manager: Purchasing Manager. IT Manager. & Internal Services Director; Manager: Other: gAULITR >> etEitl T t : Ne A Wgn 1 if irtiA CHs The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720 Southfield, Michigan 48075 Phone: 248-281-0281 Fax: 248-750-0431 SUPPLY BOND BOND No. 18075069 Co. No. Job No. KNOW ALL MEN BY THESE PRESENTS, that we Scurlock Industries of Fayetteville, Inc. as Principal, and The Guarantee Company of North America USA as Surety, are held firmly bound unto City of Fayetteville 1525 S Happy Hollow Road, Fayetteville, AR 72701 (hereinafter called the contractor) in the penal sum of One Hundred Fifteen Thousand, Two Hundred and Ninety &98/100 Dollars ($ 1 15,290`98 ) for which payment well and truly to be made we do bind ourselves, our heirs, executors, administrators, and assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the Principal entered into a certain Material Contract hereto attached and made a part hereof, with the Contractor, dated September 15, 2011 For supply of precast concrete box culverts for U of A farm trail as part of the performance of a contract between the Contractor and Scurlock Industries of Fayetteville, Inc. dated September 15, 2011 for supply of precast concrete box culverts for U of A farm trail which contract and the specifications therefor shall be deemed a part hereof as fully as if set out herein. NOW, THEREFORE, if the said Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Material Contract during the original term of said Material Contract and any extensions thereof that may be granted by the Contractor, with or without notice to the Surety, and during the life of any guaranty required under the Material Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized additions to and modifications of said Material Contract that may hereafter be made, notice of which additions and modifications to the Surety being hereby waived, and shall promptly make payment to all persons supplying the Principal with labor and materials in the prosecution of the work and in the furnishing of all materials provided for in said Material Contract, and any and all duly authorized additions to and modifications of said Material Contract that may hereafter be made and shall promptly pay all other obligations incurred by the Principal in connection with said Material Contract, then this obligation to be void; otherwise to remain in full force and effect. The foregoing obligation is subject to the following conditions which are hereby agreed to by the Principal and Surety: (a) Unless the Surety has notified the Contractor in writing of a prior claim by the Surety to any sums earned by the Principal under said Material Contract, upon completion of all work to be performed by the Principal under said Material Contract, the Contractor may, at its option and without notice to the Surety, pay to the Principal any sums earned by the Principal under said Material Contract, including any retained percentage thereon, prior to the time of final approval and acceptance of the Principal's materials by the Owner, and in the event of any such payment to the Principal herein, all of the terms, conditions and obligations of such Material Contract and of this bond shall remain in full force and effect until the final approval and acceptance of the Principal's materials by the Owner and until the expiration of any guaranty required under said Material Contract. CS0086 Supply Bond 1 of 2 1113/2009 (b) Lipon final approval and acceptance of Principal's materials by the Owner, the Contractor may make final payment to the Principal of any sum or sums then due to the Principal under said Material Contract, including any retained percentage thereon, without notice to or consent by the Surety, unless prior to such payment by the Contractor, the Surety gives written notice to the Contractor of any prior claim that the Surety may have to such funds or any part thereof. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this 20th day of September 2011 ; the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ATTEST: ATTEST: Scurlock Industries of Fayetteville, Inc. Principal By: ` _"�rG*•+,. The Guarantee Company of North America USA (Affix Corporate Seal) (Affix Corporate Seal) 2670 Union Avenue Ext, Ste 200 Address Memphis, TN 38112 By: "Bond must be executed by an Officer of the Bonding Company or by a duly authorized Attorney -in -Fact. If executed by an Attorney -in -Fact, a properly notarized power of attorney from the Bonding Company showing such authority must be attached hereto. CS0086 Supply Bond 2 of 2 1113/2009 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint L.M. Bryant, Brett L. Cutchin, Mathew W. Lipscomb Ill, Johnny R. Pitts Lipscomb & Pitts Insurance, LLC its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attomey is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attomey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31st day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the sarne force and effect as though manually affixed. STATE OF MICHIGAN County of Oakland IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 18th day of January, 2011. THE GUARANTEE COMPANY OF NORTH AMERICA USA 4/„. Stephen C. Ruschak, Vice President Randall Musselman, Secretary On this 18th day of January, 2011 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County Company of North America USA offices the day and year above written. ,z. a. -Ta . I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and .foregoing is a true and correct copy of a Power of Attomey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still id full force and effect. IN WITIPESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 7V'i day o Randall Musselman, Secretary