HomeMy WebLinkAbout26-11 RESOLUTIONRESOLUTION NO. 26-11
A RESOLUTION AWARDING BID #11-15 AND AUTHORIZING A
CONTRACT WITH ELK RIVER CONSTRUCTION, INC. IN THE AMOUNT
OF $84,825.00 PLUS A FIVE PERCENT (5%) PROJECT CONTINGENCY
FOR THE CONSTRUCTION OF STREAM RESTORATION AT NIOKASKA
CREEK IN SWEETBRIAR PARK AND APPROVING A BUDGET
ADJUSTMENT OF $9,066.00.
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 awards Bid
#11-15 and authorizes the Mayor to sign the contract with Elk River Construction, Inc. (attached
as Exhibit "A") in the amount of $84,825.00 plus a five percent (5%) project contingency for the
construction of stream restoration at Niokaska Creek in Sweetbriar Park.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached Budget Adjustment in the amount of $9,066.00.
PASSED and APPROVED this 15th day of February, 2011.
APPROVED:
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
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AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR
THIS AGREEMENT is dated as of the eday of J-1th . in the year 2011 by and
between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and
Elk River Construction, Inc. (herein after called CONTRACTOR).
CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The work generally consists of the stream restoration at Niokaska Creek and associated site
work in Sweetbriar Park and surrounding properties and all item's indicated in the Drawings and
Specifications. The work does not include procurement of materials for the project.
Article 2. ENGINEER.
The Project has been designed by the Watershed Conservation Resource Center under the
direct supervision of:
City of Fayetteville Parks and Recreation Department
1455 South Happy Hollow Road
Fayetteville, Arkansas 72701
and will be hereinafter called ENGINEER and who is to act as CITY OF FAYETTEVILLE's
representative, assume all duties and responsibilities, and have the rights and authority
assigned to ENGINEER in the Contract Documents in connection with completion of the Work in
accordance with the Contract documents. A representative from the Parks and Recreation
Department will be hereinafter called PARKS AND RECREATION DEPARTMENT PROJECT
MANAGER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties
and responsibilities, and have the rights and authority assigned to PROJECT MANAGER in the
Contract Documents in connection with completion of the Work in accordance with the Contract
documents.
Article 3. CONTRACT TIME.
3.1. The Work for Construction of Stream Restoration at Niokaska Creek in Sweetbriar
Park shall be substantially completed within 45 consecutive calendar days after the date
when the Contract Time commences to run as provided in paragraph 2.03 of the
General Conditions, and completed and ready for final payment in accordance with
paragraphs 14.07.B & C of the General Conditions within 60 consecutive calendar days
after the date when the Contract Time commences to run.
3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize that
time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer
financial Toss if the Work is not completed within the times specified in paragraph 3.1
above, plus and extensions thereof allowed in accordance with Article 12 of the General
City of Fayetteville
Bid 11-15, Construction of Stream Restoration
At Niokaska Creek in Sweetbriar Park
Page 00 52 13-1 January 13, 2011
Conditions. They also recognize the delays, expense and difficulties involved in proving
the actual Toss suffered by CITY OF FAYETTEVILLE if the Work is not completed on
time. Accordingly, instead of requiring any such proof, City of Fayetteville and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars
($250.00) for each day that expires after the time specified in paragraph 3.1 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 3.1 for completion and readiness for final
payment or any proper extension thereof granted by CITY OF FAYETTEVILLE,
CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars
($250.00) for each day that expires after the time specified in paragraph 3.1 for
completion and readiness for final payment.
Article 4. CONTRACT PRICE.
CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work in
accordance with the Contract Documents an amount in current funds equal to the sum of
the amounts determined from the following Schedule of Values pursuant to paragraphs
4.1 and 4.2 below:
4.1. For all Work other than Unit Price Work, an amount equal to the sum of the
established lump sums for each separately identified item of Lump Sum Work; and
4.2. For all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that
item as indicated in this paragraph 4.2..
City of Fayetteville
Bid 11-15, Construction of Stream Restoration
At Niokaska Creek in Sweetbrier Park
Page 00 52 13-2 January 13, 2011
PAYMENT ITEMS
Elk River Construction, Inc.
ITEF.W
DESCRIPTION
UNIT
EST. QTY.
UNIT PRICE
TOTAL
1
Mobilization (not to exceed 5% of project bid)
L.S.
1.00
83,000.00
$3,000.00
2
Bonds and insurance
L.S.
1.00
$4,275.00
$4,275.00
3
Excavation Safety per 29 CFR 1926 Subpart P - Occupational Safety and Health Administration
Standards - Excavations
L.S.
1.00
52,000.00
$2,000.00
4
Site preparation - including clearing and grubbing
L.S.
1.00
83.500.00
$3,500.00
5
Construction of J -Hook Rock Vane - complete in place per specifications and drawings
E.A.
5.00
$3,000.00
$15,000.00
6
Construction of Cross Vane - complete in place per specifications and drawings
E.A.
2.00
$4,000.00
$8.000.00
7
Construction of Short Rock Vane - complete In place per specifications and drawings
E.A.
2.00
82.075.00
84,150.00
8
Construction of Rock and Wood Toe Bench - complete in place per specifications and drawings
L.F.
400.00
837.50
$15,000.00
9
Construction of Rock Toe Bench - complete in place per specifications and drawings
L.F.
270.00
$16.67
$4,500.00
10
Construction of Soil Mattress Layer - complete In place per specifications and drawings
L.F.
1700.00
82.08
$3 500.00
11
Construction of Stacked Rock Bendy - complete in place per specifications and drawings
L.F.
100.00
$19.00
$1,900.00
12
Electrical Utility Trenching. Conduit Burial, and Backfill - including dewatering, installation of 4-
inch conduit, backfill and coordination with Ozarks Electric Cooperative
LS.
1.00
$2,500.00
$2,500.00
13
l.,,n,.-uuwv,,,,, ‘„wwt y,n,mn,IX..,..,r. a„c w,ny,nwu,,.,wGc.M'`.1.4Cri.ab,.,,.a al.
drawings
E.A.
3.00
51,000.00
83,000.00
14
Stream Channel Excavation, Shaping and Grading
C.Y.
1,810.00
82.49
$4,500.00
15
Placement of Coarse Fill
C.Y.
282.00
$8.87
$2,500.00
16
Construction of Cul -off Sills (not associated with J -Hook Rock Vanes or Cross Vanes) -
complete in place per drawings
LF.
150.00
823.33
$3,500.00
17
Excavation end loading of excess gravel for off-site removal by Others
C.Y.
500.00
$3.00
81,500.00
18
Site restoration - including placement of topsoil 8 fescue sod
S.F.
1000.00
82.50
$2,500.00
TOTAL CONTRACT AMOUNT $84,825.00
As provided in paragraph 11.03 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classifications are to be made by
PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in paragraph
9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B of the General Conditions.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions or as modified in the Supplementary Conditions. Applications for Payment
will be processed by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as
provided in the General Conditions.
5.1. Progress Payments. 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 PARKS ANDRECREATION DEPARTMENT PROJECT MANAGER,
on or about the 1st day of each month during construction as provided in paragraphs 5.1.1
and 5.1.2 below and SC -14.02 . All such payments will be measured by the schedule of
values established in paragraph 2.07 of the General Conditions and based on the number
of units completed in the case of Unit Price Work or, in the event there is no schedule of
values, as provided in the General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below, but, in case, Tess the aggregate
of payments previously made and less such amounts as PARKS AND
RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF
FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D
of the General Conditions.
City of Fayetteville
Bid 11-15, Construction of Stream Restoration
At Niokaska Creek in Sweetbrier Park
Page 00 52 13-3 January 13, 2011
90 percent of Work completed (with the balance of 10 percent being
retainage), If Work has been 50 percent completed as determined by the
PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and if
the character and progress of the Work have been satisfactory to CITY OF
FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT
PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of
PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of
work completed, in which case the remaining progress payments prior to
Substantial Completion will be in an amount equal to 100 percent of the
Work completed.
100 percent of materials and equipment not incorporated in the Work but
delivered, suitably stored, and accompanied by documentation satisfactory
to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.6.5 &
14.02.D of the General Conditions. That is, if any such items are setup for
that type payment in the Specifications.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total
payments to CONTRACTOR to 98 percent of the Contract Price (with the balance
of 2 percent being retainage), Tess such amounts as PARKS AND RECREATION
DEPARTMENT PROJECT MANAGER shall determine, or CITY OF
FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.6.5 & 14.02.D
of the General Conditions.
5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.07.6 & C of the General Conditions, CITY OF FAYETTEVILLE shall pay
the remainder of the Contract Price as recommended by PARKS AND RECREATION
DEPARTMENT PROJECT MANAGER as provided in said paragraphs 14.07.B & C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR
makes the following representations:
6.1. CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in Article 7) and the other related data identified in the
Bidding Documents including "technical data."
6.2. 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, or
furnishing of the Work.
6.3. 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.
6.4. CONTRACTOR has carefully studied all 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 which
have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of
City of Fayetteville
Bid 11-15, Construction of Stream Restoration
At Niokaska Creek in Sweetbrier Park
Page 00 52 13-4 January 13, 2011
the General Conditions. CONTRACTOR accepts the determination set forth in paragraph
SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in
such reports and drawings upon which CONTRACTOR is entitled to rely as provided in
paragraph 4.02 of the General Conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION
DEPARTMENT PROJECT MANAGER 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. CONTRACTOR has
obtained and carefully studied (or assumes responsibility for 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, or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to the employed by CONTRACTOR and safety
precautions and programs incident thereto. CONTRACTOR does not consider that any
additional examinations, investigations, explorations, tests, studies, or data are necessary
for the performance 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.
6.5. CONTRACTOR is aware of the general nature of work to be performed by CITY OF
FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract
Documents.
6.6. 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.
6.7. CONTRACTOR has given PARKS AND RECREATION DEPARTMENT PROJECT
MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents and the written resolution
thereof by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER is
acceptable to CONTRACTOR and the Contract Documents are generally sufficient to
indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
City of Fayetteville
Bid 11-15, Construction of Stream Restoration
At Niokaska Creek in Sweetbrier Park
Page 00 52 13-5 January 13, 2011
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between CITY OF
FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 8, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit
D).
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 13 inclusive).
7.7. Specifications consisting of Divisions 1 through 31 as listed in table of contents
thereof.
7.8. Addenda numbers 1 and 2, inclusive.
7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and
additional sheets numbered two through fourteen with each sheet bearing the
following general title: Construction of Stream Restoration at Niokaska Creek
in Sweetbriar Park.
7.10. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto:
7.10.1. Notice to Proceed
7.10.2 All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.04 of the General
Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except
as expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 7. The Contract
Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of
the General Conditions.
Article 8. MISCELLANEOUS.
8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
City of Fayetteville
Bid 11-15, Construction of Stream Restoration
At Niokaska Creek in Sweetbrier Park
Page 00 52 13-6 January 13, 2011
8.2. 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.
8.3. CITY OF FAYETTEVILLE and CONTRACTOR 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.
8.4. 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.
8.5. 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.
8.6. Freedom of Information Act. City contract 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, 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.
8.7. MBENVBE Requirements. The CONTRACTOR, sub -recipient, or subcontractor shall
not discriminate on the basis of race, color, national origin or sex in the performance of this
contract. The CONTRACTOR shall carry out applicable requirements of 40 CFR Part 33 in
the award and administration of contracts awarded under EPA financial assistance
agreements. Failure by the CONTRACTOR to carry out these requirements is a material
breach of this contract which may result in the termination of this contract or other legally
available remedies.
City of Fayetteville
Bid 11-15, Construction of Stream Restoration
At Niokaska Creek in Sweetbriar Park
Page 00 52 13-7 January 13, 2011
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this
Agreement in duplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE
and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and one counterpart
has been delivered to CONTRACTOR. All portions of the Contract Documents have been
signed, initialed, or identified by CITY OF FAYETTEVILLE and CONTRACTOR or identified by
PARKS AND RECREATION DEPARTMENT PROJECT MANAGER on their behalf.
This Agreement will be effective on
Date of The Agreement).
CITY OF FAY -TTEVI E:
[CORPORATE SEAL]
/ , 2011 (which is the Effective
CONTRACTOR
/ 1 ,
i, Ag d
Attest Ove c2 •aut *Attest
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FAYETTEVILLE:
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[CORPORATE SEAL]
* If a Corporation, attest by the Secretary.
Address for giving notices
-1&)X 39(p Tni-19
(If CITY OF FAYETTEVILLE is a public body, attach License No.
evidence of authority to sign and resolution or other documents Agent for service of
process: authorizing execution of Agreement.)
(If CONTRACTOR is a corporation, attach evidence of authority to sign.)
City of Fayetteville
Bid 11-15, Construction of Stream Restoration
At Niokaska Creek;in Sweetbrier Park
Page 00 52 13-8 January 13, 2011
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
Department: Citywide
Division: Citywide
Program: Sales Tax Capital Improvements
Date Requested
2/4/2011
Adjustment Number
Project or Item Added/Increased:
To increase funding for the Construction of Stream
Restoration at Niokaska Creek in Sweetbrier Park in the
amount of $9,066.
Project or hem Deleted/Reduced:
Reduce funding in the Stormwater Quality Mgmt/Nutrient
Reduction by $4,170 and allocate funding from the NE
Park Land Dedication Quadrant of $4,896.
Justification of this Increase:
This funding is to assist in the construction of the stream
restoration.
Justification of this Decrease:
This adjustment is administrative:
There are adequate funds in these accounts.
Account Name
Park Improvements 2250
Contract Services 4470
Account Name
Greenspace Fees - NE
Bridge & Drainage Improve
Increase Budget
Account Number
9256 5806
9470 5315
Decrease Budget
Account Number
2250 0925 4419
4470 9470 5817
Amount Project Number
00 4,896 09025 0901
00 4,170 09025 0901
Amount Project Number
01 4,896 09025 0901
00 4,170 02097 1
2/4/2011
if
Budget Director
Date
Date.....
ent
L Q.. L
ce Director
2/4/2011 _
Date
z -Y-2 c 1
Date
Date
or
ate
Budget & Research Use Only
Type: A B C D
Requested By
General Ledger Date
Posted to General Ledger
Posted to Project Accounting
Initial
Initial
V.090403
E
Date
Date
Carole Jones
City of Fayetteville Staff Review Form
City Council Agenda items
and
Contracts, Leases or Agreements
2/15/2011
City Council Meeting Date
Agenda Items Only
Park Planning
Division
Action Redulred:
A resolution awarding Bid #11-15 and approval of a contract with Elk River Construction, Inc. in the amount of $84,825
with a 5% project contingency of $4,241 for a total project cost of $89,066 for the Construction of Stream Restoration
at Niokaska Creek in Sweetbrier Park.
Parks and Recreation
Department
$
4,170.00
$
4,896.00
80,000.00
Cost of this request
4470.9470.5817.00
2250.9256.5806.00
4470.9470.5315.00
Account Number
02097.1
09025.0901
09025.0901
Project Number
Budgeted Item
X
442,623.00
69,955.54
312,000.00
Category 1 Project Budget
$
156,540.55
197,535.00
Funds Used to Date
286,082.45
69,955.54
114,465.00
Remaining Balance
Budget Adjustment Attached
Drainage Studies/Ph. II Storm Water
PLD NE Quadrant
Niokaska Creek Scream Restoration
Program Category1 Project Name
Sales Tax Capital Improvements
PLD NE Quadrant
Niokaska Creek Stream Restoration
Program I Project Category Name
Sales Tax
PLD NE Quadrant
Sales Tax/Grant
Fund Name
‘1"D partment Direc ^ Date
City Attorney
Fi ce and Internal Services Director
Date
Date
thL2 1/4/
Date
Previous Ordinance or Resolution 4
Original Contract Date:
Original Contract Number:
Received in
Mayor's Office
Revised January 15, 2009
Page 1 of 1
City Clerk - Agenda Item for Feb 15 meeting - Bid 11-15
From:
To:
Date:
Subject:
CC:
Attachments:
Carole Jones
City Clerk; Johnson, Kimberly
1/28/2011 3:34 PM
Agenda Item for Feb 15 meeting - Bid 11-15
Jumper, Alison
Bid 11-15 City Council Agenda Packet.01-28-11.pdf
This bid is currently in the process of being negotiated; however the low bidder, Elk River
Construction, Inc. is currently out of the country and unreachable. The final bid and project cost will be
presented at the City Council Agenda session or provided prior to the February 15th City Council
meeting. Additionally, we will provide a signed contract as soon as possible. Please contact us if you
have any questions. Thanks,
Ms. Carole Jones, P.E.
Park Planner II
Fayetteville Parks & Recreation
113 West Mountain Street
Fayetteville, AR 72701
Phone (479) 444-3472
Fax (479) 521-7714
www.accessfayetteville.org
Join us for program announcements, updates, pictures and game cancellations at:
httpaltwitter.corr/fayparksand rec
TDD (Telecommunications Device for the Deaf): (479) 521-1316
file://C:\Documents and Settings\lbranson\Local Settings\Temp\XPgrpwise14D42E1FAFA... 1/28/2011
ave ev? le
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
To: Mayor Lioneld Jordan and City Council
Thru: Don Marr, Chief of Staff C
Connie Edmonston, Parks and Recreation Director C.-
�
Alison Jumper, Park Planning Superintendent
From: Carole Jones, Park Planner GI:" J
Date: February 4, 2011
Subject: Bid #11-15, Construction of Stream Restoration at Niokaska Creek in Sweetbriar Park
Agenda Request for February 15, 2011 Meeting
PROPOSAL:
Sweetbriar Park contains 4.05 acres and is located at 2645 E. Sweetbriar Drive. The park is situated in the
northeast quadrant of town east of Old Missouri Road and south of Joyce Boulevard.
Niokaska Creek, a tributary to Mud Creek, flows through Sweetbriar Park. The creek is located within the
Illinois River Watershed. The creek sections are incised and have several banks eroding into the park land and
surrounding residential yards which have resulted in vertical cut -banks. These banks contribute excessive
sediment to the streams through lateral erosion. Bank erosion presents a safety concern and leads to a lack of
riparian canopy. Restoration is necessary to stabilize the creek and prevent further erosion.
On September I, 2009, the City Council passed Resolution Number 191-09 authorizing the Parks and
Recreation Department and the Engineering Division to accept a Wetland Program Development Grant from
EPA Region 6 in the amount of $234,000 (see attached resolution). The Wetland Program Development Grant •
is used for projects that promote research, training, demonstrations, and surveys relating to the causes, effects,
extent, prevention, reduction, and elimination of water pollution.
The project includes construction of a natural stream channel with specified geomorphic features, five major
rock vane structures, bankfull benches constructed out of rock and wood materials with soil mattresses, and
associated site work.
The project was advertised on December 13, December 20 and January 13, and bids were opened on January
27, 2011. Three vendors including Elk River Construction, Inc., Goodwin and Goodwin, Inc. and ERS, Inc.
submitted bids. Elk River Construction, Inc. was the low bid in the amount of $84,825. (See attached bid
tabulation sheet, bid form and certified cashier check.) If approved, the construction of the project is anticipated
to begin in early March 2011 and be completed in May 2011.
THE CITY OF FAYETTEVILLE, ARKANSAS
RECOMMENDATION:
A resolution awarding Bid #11-15 and approval of a contract with Elk River Construction, Inc. in the amount of
$84,825 with a 5% project contingency of $4,241 for a total project cost of $89,066 for the Construction of
Stream Restoration at Niokaska Creek in Sweetbriar Park.
BUDGET IMPACT:
The low bid was $4,825 over the certified amount of $80,000 for the project. Parks staff attempted to
negotiate the contract with the low bidder, Elk River Construction, Inc. but was unsuccessful. This project
is funded with Sales Tax/US EPA Region 6 Grant funds ($80,000), Sales Tax/Capital Improvement funds
($4,170) and Park Land Dedication Ordinance NE Quadrant funds ($4,896). Total project cost including a 5%
project contingency is $89,066.
Attachments;
Staff Review Form
Resolution Number 191-09
Bid Tabulation Sheet
Bid Form and Submittal
Cashier's Check for Bid Bond
Contract Agreement Signed by Contractor
Purchase Requisition
Budget Adjustment
RESOLUTION NO.
A RESOLUTION AWARDING BID #11-15 AND AUTHORIZING A
CONTRACT WITH ELK RIVER CONSTRUCTION, INC. IN THE AMOUNT
OF $84,825.00 PLUS A FIVE PERCENT (5%) PROJECT CONTINGENCY
FOR THE CONSTRUCTION OF STREAM RESTORATION AT NIOKASKA
CREEK IN SWEETBRIAR PARK AND APPROVING A BUDGET
ADJUSTMENT OF $9,066.00.
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 awards Bid
#11-15 and authorizes the Mayor to sign the contract with Elk River Construction, Inc. (attached
as Exhibit "A") in the amount of $84,825.00 plus a five percent (5%) project contingency for the
construction of stream restoration at Niokaska Creek in Sweetbriar Park.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached Budget Adjustment in the amount of $9,066.00.
PASSED and APPROVED this 1561 day of February, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
RESOLUTION NO.
A SOLUTION AWARDING BID #11-15 AND AUTHORIZ 1 G A
CON CT WITH ELK RIVER CONSTRUCTION, INC. IN THE : OUNT
OF $89, 5 66.00 PLUS A FIVE PERCENT (5%) PROJECT CONT ENCY IN
THE UNT OF $4,241.00 FOR THE CONSTRUCTION • F STREAM
RESTORA •N AT NIOKASKA CREEK IN SWEETBRI. ' PARK AND
APPROVING BUDGET ADJUSTMENT OF $9,066.00.
BE IT RESOLVE BY THE CITY COU ► CIL OF THE CITY OF
FAYETTEVILLE, ARKANSA •
Section 1. That the City Co►'1 of the City of F yetteville, Arkansas hereby awards Bid
#11-15 and authorizes the Mayor to sigl he contract th EIk River Construction, Inc. (attached
as Exhibit "A") in the amount of $89,066. 0 plus a .'ive percent (5%) project contingency in the
amount of $4,241.00 for the construction o ` tre.' restoration at Niokaska Creek in Sweetbriar
Park.
Section 2. That the City Council o ' the i ty of Fayetteville, Arkansas hereby approves
the attached Budget Adjustment in the a unt of $' .066.00.
PASSED and APPROVED is 15th day of Febru• y, 2011.
APPROVED: ATTEST:
By:
By:
LIONELD JO' ) AN, Mayor SONDRA E. SMIT City Clerk/Treasurer
RESOLUTION NO. 191-09
A RESOLUTION AUTHORIZING ACCEPTANCE OF AN EPA REGION 6
WETLAND PROGRAM DEVELOPMENT GRANT IN THE AMOUNT OF
$234,000.00 FOR A STREAM RESTORATION DEMONSTRATION ON
NIOKASKA CREEK THROUGH SWEETBRIAR PARK AND OTHER
PROPERTIES; AND APPROVING A BUDGET ADJUSTMENT
RECOGNIZING THE GRANT REVENUE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section L That the City Council of the City of Fayetteville, Arkansas hereby authorizes
acceptance of an EPA Region 6 Wetland Program Development Grant in the amount of
$234,000.00 for a stream restoration demonstration on Niokaska Creek through Sweetbriar Park
and other properties.
Section I. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment recognizing the grant revenue.
PASSED and APPROVED this 1st day of September, 2009.
APPROVED:
ATTEST:
By:�
SO DRA E. SMITH, City GT ?k/Treasurer
Bid 11-15, Construction of Stream Restoration at Niokaska Creek in Sweettlrlar Park
Detailed Bid Tab: 01/27111 - 2:00 PM, Central Standard Time
CfRTIFEO: V i+&&
Peon,$ee. Pl.a+drtnoleanener
'NOTICE: Bao aware is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
OR !Pim Camaew
ion. Inc
ERS, inc.
Goodwin and Geodede. 1,1-
RH AN
OESORIP00R
(1141
EST. ow
uirr PS1CS
TOT4,}.
Mir PRICE
TOTAL
WM-PRICE
TOTAL
1
GolGoo. India oraed SR of Wird ua}
LS.
1.00
510.00.00
29,00000
10020.02
}RW0.00
sosoloo
595000.00
2
Bowl. maInawme
LS.
5,00
$1,2250.0
50.275.00
14.00.00
$4.000.00
55.20700
$5,000.®
a
Goriew.e $wiiiv porn CFR 1122 S.6PR [ P • Oac paSina WO and INfl AWfip ar
SWIM@-&wvtlew.
La.
LIM
=MOM
52-000.00
53.000.00
02.00.00
5'.00000
$1.10000
4
ABPrOP•rakn• MAI@ damn retl@Added
1..0.
100
30300.00
53.6b3.00
54500O.00
846,000.00
54.006-00
640.00-00
1
CapueWn PI J -Roca Roaring.-o•uyra M pane per sped6radas•DI mw.npl
00.
S06.
00.000.0
813000.00
99,90006
230,000.00
5.00000
5103056
r
C•ne7 eeo.I m 9rea v..•- mmp.a• el 7eee Per griwiw and Por.49e
50.
2.00
51.00000
511,000.00
99.0000
30000.1»
53.00000
15,00000
7
common Of snort Rik Veep- eempRN P Awe Per w•reire ere•ed Ma
EA
200
2291500
51.15002
62.000.00
51.00-00
12.000.0
30000.20
0
ConsPo l of Reek Ad N:160 TOO pence, CO IC@ I Pe,ee per epetlserne aw drerPeo
L.F.
400.00
337.00
515.0000
12330
010.000.00
56000
524.00000
9
[cron:Ion nt Pool Too @path• review kiOwe Pea sixeilalWa ad&owlets
L.P.
27000
21617
5460000
015.00
54.060.00
405.0
$77$50,01)
10
SOPOP•tee or Sea eenee=/Aro- mrpaae F Para per apemlgeetian anti - ,-9a
Lf-
1700.00
ft 06
55300.00
96.00
5102410.00
95.90
50.50030
11
Codi odese re 01101•0 R222$2200.12,00,20045222002200200
i.e.
100.00
S1H00
51.0000
;90 On
56000.00
500.00
5000000
12
Wi
L.S.
100
#,50000
52.50000
1700000
57300.00
10.00000
26.®.00
E4del11Onto 1nee220. 0e40.66111, Ird 11011-60.5014 66005(000 oto
PrAGNr. INOGI@PO mmKI000$1010arkalipoil Cir.CrAi.....,........".
17
614 059 • •
EA.
200
$1,00600
05.0100
10,00000
010.00
2100.0
520.00
51000030
222.06200
21232.00
53.00.00
01300.00
512.000-00
14
5025050A40020A+500000. 0000116 le0502dm$
Peeper%oGips. F0
arc
03.
L.P.
101000
22600
15000
5249
5007
wean
SA .500.00
02.00090
59,500.00
01630
62000
X00
213.530.00
30,000.00
16
16
Corpoutren of CAWS %HPel 6005526E0911 J7foc4 Rock Vanes or Goo Vaned -Lomp**
MPH. P1pp00.
11
E..116:0 .111.5 l»0iat of acorn gravel for o5 5e ranural by Opnre
e.r.
600-00L
51.00
01.50000
DILDO
53.00.00
13530
617.500.00
11
Sa ndordb6.Madam Mourned rd fowl A Rsr..e Led
5F-
1000.00
62.60
52.500.00
74,00
*We no
;I a0
;100000
TOTAL BID AMOUNT
504.82500
6180.06030
$921,47030
CfRTIFEO: V i+&&
Peon,$ee. Pl.a+drtnoleanener
'NOTICE: Bao aware is contingent upon vendor meeting minimum specifications and formal authorization by City officials.
a e vile
v
ARKANSAS Prosect Check List
Bid 11-15, Construction of Stream Restoration at Niokaska Creek in
Sweetbrier Park
This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details
necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents.
Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder
from the responsibility of meeting all requirements of the Specifications concerning the preparation of an
acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using
this form itself is NOT a requirement.
/FT5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney,
etc.)
In lieu of a bid bond, the bidder may submit a cashier's check for at least five percent
(5%) of the amount bid (inclusive of any deducti a alterntes). Cashiers checks shall
be made payable to the City of Fayetteville, AR. G (a 1-1
All addenda shall be signed, acknowledged, and submitted on the appropriate forms
(submitting the actual addendums or marking acknowledgement on other bid pages).
AH line items shall be appropriately tilled out and extended to reveal the line item price as well
as the total bid price. Total base bid should be calculated in the provided space.
ridAll bidders shall submit a "Statement of Disclosure" on such form provided with the bid
documents.
x
x
All bidders shall submit completed EPA Form 6100-3, EPA Form 6100-4 and the
MBEIWBEIDBE Compliance Evaluation Form provided with the bid documents (see
www.epa.gov/osbp/dbe forms.htm)`: The forms shall be appropriately signed, dated
accordingly, and included with submitted bid documents.
All pages provided with signature lines shall be appropriately signed, dated accordingly, and
included with submitted bid documents.
All bid documents shall be delivered in a sealed envelope to the address listed below before
the stated deadline on the coversheet of the bid. All bids should be delivered with the name of
the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractors
License Number (if applicable).
City of Fayetteville, AR
Purchasing Division - Suite 306
113 W. Mountain
Fayetteville, AR 72702
CONTRACTOR NAME:, -/PC _471//7. , L/� 4/40 dA), -,c47 -A0
City of Fayetteville
Bid 11-15, Construction of Stream Restoration
at Niokaska Creek in Sweetbriar Park
January 13, 2011
Item Estimated Unit
t o. Ouantity
Section 00 41 13
BID FORM
Description of Item Unit Price Total Amount
t 1 Lump Sum Mobilization - (nit to exceed 5% grand bid)
� = i�Cjl))iv'i\ NO f � dollars $f $ 9\b�O '
amount wntten m words in figures in figures
2 1 Lump Sum Bonds and insurance
713c0,11 1044)11131P n lTY $( S. 9.5
amount written in words it" X23 in figures $
in figures
Excavation Safety per 29 CPR 1926 Subpart P -
Occupational Safety and Health Administration
3 1 Lamp Sum Standards - Excavations
1tai dollars $( )IL.S. $ ( 0 U-
amount written in words in figures in figures
4 1 Lump Sun Site preparation - including clearing and grubbing
tiR`C Fi �`I NA QI 4 r°JI dollars
amount written id words
Construction of J -Kook Rock Vane - complete in
5 5 Each place per specifications and drawings
`cVNUI POkero dollars
amount written in words
Construction of Cross Vane -complete in place per
6^ 2 Each specifications and drawings
(n L\16 ' Ir c f dollars
amount written in words
nfigures
$
i st gores
$( YEA. $ l� U0
in figures in figures
in figures
ice. $. Q C)C�6f)
in figures
Construction of Short Reek Vane - complete in
7 2 Each place per specifications and drawings ' witted in wordsy n figuresLc C�J ,��hFvy + (j9/122 $ in figures ��Y/ %Jra Clg
amount
Construction of Rock and Wood Toe Bench -
8^ 400 Linear Feer complete in place per specifications as id drawings / �
`G i �'�.C' �7 �r��` `/(V tae)dollars $( 11F- $ 1 T Vel
amount written in words in figures in figures
This bid form continues on the next page...
City of Fayetteville
Bid 11-15, Construction of Stream Restoration
At Niokaska Creek in Sweetbrier Park
Page 00 41 13-1 January 13, 2011