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HomeMy WebLinkAbout157-13 RESOLUTIONRESOLUTION NO. 157-13 A RESOLUTION TO AWARD BID #13-29 AND APPROVE THE CONTRACT WITH DONELSON CONSTRUCTION COMPANY, LLC IN THE AMOUNT OF $195,050.00 PLUS A CONTINGENCY OF $19,505.00 FOR ASPHALT MICRO -SURFACING OF CITY STREETS 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 #13-29 and approves the attached construction contract with Donelson Construction Company, LLC in the amount of $195,050.00 plus a contingency of $19,505.00 for Asphalt Micro - Surfacing of city streets. PASSED and APPROVED this 16th day of July 2013. APPROVED: C ATTEST: By:A�C:f7 ;jw SONDRA E. SMITH, City Clerk/Treasurer 't%RK lr TR ;�° •.fir U • rn ,� : FAYETTEVILLE:�= �'. kA NS • � .`� �(3 O N 01� City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/16/2013 City Council Meeting Date Agenda Items Only Terry Gulley Transportation Transportation Services Submitted By Division Department Action resolution awarding Bid 13-29 Construction - Asphalt Micro -Surfacing and approving a contract with instruction Co., LLC for the amount of $195,050.00 and a 10% project contingency of $19,505.00. $ 214,555.00 Cost of this request 4470.9470.5417.00 Account Number 02052 / 1 Project Number Budgeted Item �X $ 2,033,787.00 Category / Project Budget $ 775,391.58 Funds Used to Date 1,258,395.42 Remaining Balance Budget Adjustment Attached Q In -House Pavement Improvements Program Category / Project Name Transportation Improvements Program / Project Category Name Sales Tax Capital Improvements Fund Name "26 ,13 Previous Ordinance or Resolution # Date ��— Original Contract Date: Original Contract Number: _ Date a� Fina ce and Internal Services Director ate Received in C1tk -2 ! -1 3 P 0 1 : 23 R C V n Clerk's Office Chief of S �ff Date E TERED Received in Mayor's Office ayor to Revised January 15, 2009 Zayle..'PVl • le RKANSAS® CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff From: Terry Gulley, Transportation Services Department Director Date: July 16, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Subject: A resolution awarding Bid 13-29 Construction - Asphalt Micro -Surfacing and approving a contract with Donelson Construction Co., LLC for the amount of $195,050.00 and a 10% project contingency of $19,505.00. PROPOSAL: Asphalt micro -surfacing is a polymer modified cold -mix paving system that can remedy a broad range of problems on streets. Like its parent product, slurry seal, micro -surfacing begins as a mixture of dense -graded aggregate, asphalt emulsion, water, and mineral fillers. While conventional slurry seal is used around the world as an economical treatment for sealing and extending the service of both urban and rural roads, micro -surfacing has many added capabilities due to the use of high -quality, carefully monitored materials, including advanced polymers and other modern additives. The application of the proper asphalt slurry system (micro -surfacing and/or slurry seal) will significantly extend the life of existing pavements by protecting the undersurface from damage caused by water seepage and oxidation. RECOMMENDATION• Sealed formal bids for the purchase of asphalt micro -surfacing were publicly read and the results are attached to this memo. Staff recommends approving a resolution awarding Bid 13-29 Construction - Asphalt Micro -Surfacing and approving a contract with Donelson Construction Co., LLC for the amount of $195,050.00 and a 10% project contingency of $19,505.00. BUDGET IMPACT: Funds for the purchase of asphalt micro -surfacing are available in the In -House Pavement Improvements project. BID: 13-29 DATE: 05129/13 TIME: 2:00 PM Tavye tenv�',*i le CITY OF FAYETTEVILLE ARKANSAS Bid 13-29, Construction - Asphalt Microsurfacing OR, I Donelson Construction Co., LLC 2 Vance Brothers, Inc. 13 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. FOREN, PURCH AGENT 196,060.00 201,900.00 6'0q-B DA RESOLUTION NO. A RESOLUTION TO AWARD BID 913-29 AND APPROVE THE CONTRACT WITH DONELSON CONSTRUCTION COMPANY, LLC IN THE AMOUNT OF $195,050.00 PLUS A CONTINGENCY OF $19,505.00 FOR ASPHALT MICRO -SURFACING OF CITY STREETS 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 #13-29 and approves the attached construction contract with Donelson Construction Company, LLC in the amount of $195,050.00 plus a contingency of $19,505.00 for Asphalt Micro - Surfacing of city streets. PASSED and APPROVED this 16th day of July 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville Bid 13-29, Construction — Asphalt Microsurfacing Bid Form Contract Name: Bid 13-29, Construction — Asphalt Microsurfacing Bid Number 13-29 BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: Section 1 — Intent: DONELSON CONSTRUCTION CO., LLC 1075 WISE MILL ROAD CLEVER, MO 65631 �. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Fayetteville in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. Section 2 — Terms & Conditions: 2. Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of City's Notice of Award. Section 3 — Bidder's Representations: In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A.) Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date N /,4 Lz1+ B.) Bidder 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.) Bidder 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. City of Fayetteville, AR Bid 13-29, Construction Asphalt Microsurfacing Page 23 of 30 Section 4 - Base Bid Price: Line Rem Description Unit of Measurement Estimated Quantity Line Item Unit Price Line Item Total Microsurfacing (18-22 Ibs/SY) Per Square Yard 65,000 N$ 2. -7 7 _ $ 1.90i DSO, 1 2 Microsurfacing (in excess of 221bs/SY) Per Pound 200,000 $ O. O 7S = $ /S, 0�0• C)O Total Base Bid Sum of Items 1- $/95,o5o.�a Section 5 - Listing of Subcontractors: 1, the signed General Contractor, certify that proposals from the following subcontractors were used in the preparation of my proposal. I agree that if I am the successful bidder, and if the following subcontractors are approved by the City, I will not enter into contracts with others for these divisions of the Work without written approval from the City. N/A Section 6 - Contract Times: A.) Bidder agrees that the Work will be substantially completed and ready for final payment within the number of calendar days indicated in the Agreement. B.) Bidder accepts the provisions of the Agreement referring to liquidated damages in the event of failure to complete the Work with the times specified in the Agreement. Section 7 - Communications: A.) Communications concerning this Bid shall be addressed to the Bidder as follows: Phone No. Y% -7 - 7 q 3- Z (0 9 V FAX No. 41 ? 1 q- 3 - Z 9 V,5- Section 8 - SIGNATURE: DONELSON CONSTRUCTION CO., LLC 1075 WISE HILL ROAD CLEVER, MO 65631 A.) This bid is being submitted in good faith, according to the entire bid package presented: SUBMITTED on this 2 8 t k Date of _ Al a , 20 13 Arkansas State Contractor License No. O / (o 9 q O 1 City of Fayetteville, AR Bid 13-29, Construction Asphalt Microsurfacing Page 25 of 30 If Bidder is: OPTION 1: An Individual Name (type or printed): By. (SEAL) (individual's Signature) Doing business as: Business address: Phone No.: FAX No.: OPTION 2: A Partnership Partnership Name: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (type or printed): Business address: Phone No.: FAX No.: OPTION 3: A Corporation Corporation Name: (SEAL) 0 A Date of Incorporation: 2003 Type (General Business, Professional, Servic Limited Liability): City of Fayetteville, AR Bid 13-29, Construction Asphalt Microsurfacing Page 26 of 30 By: - attach evidence of authority to sign) Name (type or printed): Title: ' - ` eµ`� (CORPORATE SEAL) Business address: CO., LLG 1075 WISE HILL ROAD LEVER, MO 65631 Phone No.: q / _l - % 4.7 r 2(.9 `f FAX No.: ±Lf 7 -- 7q-3 City of Fayetteville, AR Bid 13-29, Construction -Asphalt Microsurfacing Page 27 of 30 City of Fayetteville Bid 13-29, Construction — Asphalt Microsurfacing Vendor References The following information is required from all Bidders so all bids may be reviewed and properly evaluated. COMPANY NAME: Donelson Construction Company, LLC BUSINESS ADDRESS: 1075 Wise Hill Road NUMBER OF YEARS IN BUSINESS: 10 HOW LONG IN PRESENT LOCATION: 10 TOTAL NUMBER OF CURRENT EMPLOYEES: 30 FULL TIME 22 PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: 13 FULL TIME 8 PART TIME PLEASE LIST FOUR (4) LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed}. Contractors shall have valid experience. i. Rogers County Oklahoma COMPANY NAME Claremore, Oklahoma 74017 CITY, STATE, ZIP Mike Helm CONTACT PERSON 918-443-2441 TELEPHONE 7/2012 DATE COMPLETED mhelmiMIrogerscounty.org E-MAIL ADDRESS 3. Christian County Missouri COMPANY NAME Ozark Missouri 65721 CITY, STATE, ZIP Bill Bamed CONTACT PERSON 417-581-2112 TELEPHONE 912012 DATE COMPLETED countycommission a(7.christiancountymo.gov E-MAIL ADDRESS City of Fayetteville, AR Bid 13-29, Construction Asphalt Mic rosurfacing Page 28 of 30 2. Greene County Missouri COMPANY NAME Springfield. Missouri 65803 CITY, STATE, ZIP Dan Smith CONTACT PERSON 417-831-3591 TELEPHONE 8/2012 DATE COMPLETED dsmitht7spdngfieldm0.gov E-MAIL ADDRESS 4. City of Springfield COMPANY NAME Springfield, Missouri 65802 CITY, STATE, ZIP Jonathan Gano CONTACT PERSON 417-864-1901 TELEPHONE 9/2012 DATE COMPLETED iganoAppringfieldmo.gov E-MAIL ADDRESS 11 UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and prfncipal place Donelson Construction Company, LLC. of business) United Fire & Casualty Company This document has important legal 118 Second Avenue SE consequences. Consultation with an P.O. Box 73909 attorney is encouraged with respect to its Cedar Rapids, Iowa 52407 completion or modification. OWNER: (Name, legal status and address) City of Fayetteville, Arkansas BOND AMOUNT: Five Percent (5%) of Amount Bid *** PROJECT: (Name, location or address, and Project number, if any) Bid 13-29, Construction - Asphalt Microsurfacing Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Su rety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Donelson ons ction C pony LLC. Signed and sealed this 29th day of May, 2013 (Wdness) CONT0525 (072010) (Principal) (Seal) (Title)) UNITED FIRE & C&QUALTY . COMPANY (Surety) (Seal) Attornev in Fact (Title) Callae J. Doty The language in this document conforms exactly to the language used in AIA Document A310 2010 edition. CONTRACT Reference Bid: 13-29, Construction — Asphalt Microsurfacing Contractor: Donelson Construction Co., LLC Term: Single project per Bid 13-29 This contract executed this 1� day of JW , 2013, between the City of Fayetteville, Arkansas, and Donelson Construction Co., LLC. In consideratiah of the mutual covenants contained herein, the parties agree as follows: 1. Donelson Construction Co.. LLC at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 13-29 as stated in Donelss2n,Construction. Co., LLC bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 13-29, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay Donelson Construction Co., LLC based on their bid proposal in an amount of $195,050.00. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. The City will pay based on actual field measured quantities. 3. The Contract documents which comprise the contract between the City of Fayetteville and Donelson Construction Co.. LLC consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 13-29 with the specifications and conditions typed thereon. B. Donelson Construction Co., LLC bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Donelson Construction Co., LLC and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Donelson Construction Co., LLC. 5. Donelson Construction Co.. LLC shall not assign its duties under the terms of this agreement. 6. Donelson Construction _ Co.. LLC agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Don„T,elson Construction Co., LLC performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Donelson Construction Co., LLC shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Donelson Construction Co.. LLC shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Statutory Amount Com rehensive General & Bid 13-29, Construction —Asphalt Microsurfacing Page 1 of 2 Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by Donelson Construction Co. LLC. 8. Donelson Construction Co. LLC to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Donelson Construction Co., LLC with 30 days written notice. 10. This project shall be completed within 30 calendar days from issue date of Notice to Proceed. 11. Liquidated Damages: N/A 12. Freedom of Information Act: City of Fayetteville 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 photo coping costs pursuant to the FOIA may be assessed for this compliance. 13. Changes in Scope or Price: 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. WITNESS OUR HANDS THIS__/�ADAY OF QtL d. 2013. DONELSON CONSTRUCTION CO. LLC By: &"4 IL6� Signature M r- kae a.1c%s0�-r�1c 6c� Printed Contractor Name & Title AST (Signature)" Company Secretary (Printed Name) Business Address 107!;' w,st 1-41,11 �QoaG� CIe.,,ar. ✓K0 CP 5-to 3 1 City, State & Zip Code Date Signed: G / 7 % 13 CITY OF FA TTEVIL RKANSAS BY• , IO ELD JO , Mayor ATTEST: (Signature) Sondra Smith, City Clerk Kr�r :��•e G1TY pie SGi� L� FAYE7?EVILLE��- I • Date Signed: % -9 '� S •` y'• kANSQ •• s'''''�� �rOri ti Bid 13-29, Construction - Asphalt Microsurfacing Page 2 of 2 VENDOR FORM City of Fayetteville Purchasingg Division 113. untain a've4 tal �-11 e Please print or type Fayetteville, AR 72701 rich Phone: (479) 575-8256 Fax: (479) 575-8257 www.accessfavetteville.oro VENDOR INFORMATION 1. Social Security Number— (gwner 2. Taxpayer ID Number SS# required for sole proprietorship, DBA's, & individuals) (Federal TIN usZ to file federal tax return) [3J3 _ O 1,4 y 3. Payee Name (as shown on your tax return): 4. Business Name (if different from above - include DBA's here): c 0 5. Business Address: 1079- W-,,st H )1 Road rn 6. City C It ver 7. State: 8. Zip Code: ` 9. Phone: 1417 - 7q 3- z 6 9 y 10. Fax: 4 0- 7 (13 - 2 9yS 11. Contact Name: c o H- N" 1-t-o .` FE-Mail Address: S G o-lt C 1 e v e r S -F o ,n e. C o ^1 13. Do you accept Visa as a method of pa Please circle one: YES NO 14. What does your 15. Is your business 16. Is your business 16a. What is your LLC 17. Business Type (LLC's must also fill out this business provide Incorporated filed as an LLC (Limited formed as? section) - Box in Section 1 must be filled in (Check all that apply): Liability Corporation)? Services Yes [� Yes 0 Sole Q Sole Proprietorship: Enter Owners Name N (skip to Section 3) (go to 16a) Proprietorship C (go to 17) 0 v Supplies No No Partnership Operated as a "DBA": Enter Name fn (go to 16) (go to 17) (go to 17) Corporation Partnership: Enter name used on tax return (skip to Section 3) 18. MAILING ADDRESS: Please note if same as above 119. PAYM ENT REMITTANCE ADDRESS: Please note if same as above Street: Street: Same aS ayO.te 5aVVII,e O.S Qb0JG t the payee is a U. S. perm SIGN (Signature of U.S. HERE person -► Printed PURCHASING OFFICE ONLY VENDOR NUMBER u n y DATE ENTERED W DATE MAPPED 2 2 Entered by: . �pe►C(SIts � l�'l New Vendor Vendor Change G / ? /1 !UEST R FORMATION Request Date: Requester Ext. Fs� Requester Opt. IMD 6 (/ r P-Card Vendor? circle one: YE NOn+eIYE — NO City Of Fayetteville - Purchase Order (PO) Request Requisition o.: a e: 6/25/2013 (Not a Purchase Order) P.0 Number: txpected Uelivery a e:. All purchases under $2500 shall be used on a P-Card unless medical or 1099 service related. (Call x256 with questions) All PO Request shall be scanned to the Purchasing e-mail. Purchasing&i.fayetteville.ar.us Vendor #: Vendor Name: Mail Donelson Construction Co., LLC Yes: X No:_ Address: Fob Point: Taxable Quotes Attached 1075 Wise Hill Road Yes:_ No:_X_ Yes_ No:_X_ City: State: Zip Code: Ship to code: Divison tLW Approval: Clever Missouri 65631 104 Requester: Requester's Employee #: Extension: Ginny Gundlach 2283 4 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Project/Subproject # Inventory # Fixed Asset # 1 Asphalt 22 lbs/SY) surfacing (18 2 Ib 65000 SY 2.77 $180,050.00 4470.9470.5417.00 02052 / 1 2 Asphalt Microsurfacing (In excess of 22 Ibs1SY) 200000 LB 0.08 $15,000.00 4470.9470.5417.00 02052 / 1 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 Shipping/Handling Lot Special instructions: Contract #. Per Bid 13-29 & Res Subtotal: $195,050.00 Tax: $0.00 Total: $195,050.00 Approvals: Mayor: Department Director: Purchasing Manager: Finance & Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: Revised 1/2/2008