HomeMy WebLinkAbout106-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 106-19
File Number: 2019-0237
19 61 10 -TO
A RESOLUTION TO APPROVE A CONTRACT WITH THE SOUTHERN COMPANY IN THE
AMOUNT OF $20,580.00 PLUS APPLICABLE TAXES FOR THE PURCHASE AND INSTALLATION
OF A FUEL STATION CANOPY FOR THE FLEET OPERATIONS 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 authorizes Mayor Jordan
to sign a contract with The Southern Company in the amount of $20,580.00 plus applicable taxes for the
purchase and installation of a fuel station canopy for the Fleet Operations Division.
PASSED and APPROVED on 5/7/2019
Attest:
�t�ttttlillttry��/
Sondra E. Smith, City Clerk Treasuree 4` ' -&J'{ OF •.Gp'�
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Page 1 Printed on 518119
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0237
Agenda Date: 5R/2019 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: A. 9
THE SOUTHERN COMPANY:
File Type: Resolution
A RESOLUTION TO APPROVE A CONTRACT WITH THE SOUTHERN COMPANY IN THE
AMOUNT OF $20,580.00 PLUS APPLICABLE TAXES FOR THE PURCHASE AND
INSTALLATION OF A FUEL STATION CANOPY FOR THE FLEET OPERATIONS 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 authorizes Mayor Jordan
to sign a contract with The Southern Company in the amount of $20,580.00 plus applicable taxes for the
purchase and installation of a fuel station canopy for the Fleet Operations Division.
City of Fayetteville, Arkansas Page 1 Printed on 51812019
City of Fayetteville Staff Review Form
2019-0237
Legistar File ID
5/7/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jesse Beeks/Sara Glenn 4/10/2019
Submitted By Submitted Date
Action Recommendation:
FLEET OPERATIONS (770)
Division / Department
A resolution to approve the lowest quote received for a 24'x 42' canopy from The Southern Company in the
amount of $20,580.00, plus applicable taxes.
9700.770.1920-5804.00
Account. Number
18001.9700
Project Number
Budget Impact:
Building Costs
Fund
Transportation & Fleet Building Improvements
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Project Title
$ 61,000.00
$ 61,000.00
$ 20,580.00
I $ 40,420.001
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 7, 2019
TO: Mayor and City Council
THRU: Terry Gulley, Director of Transportation
FROM: Jesse Beeks, Fleet Operations Superintendent
DATE: April 10, 2019
SUBJECT: Fuel Station Canopy
CITY COUNCIL MEMO
RECOMMENDATION:
City Council approve the lowest quote received for a 24' x 42' canopy from The Southern
Company in the amount of $20,580.00, plus applicable taxes.
BACKGROUND:
Fleet currently has a canopy covering the fuel station located at Fleet. This canopy is 24'x 30'
and has suffered damage over the years. It has holes on the south side allowing rain through.
Only two of the four light fixtures are in working order.
With the upgrades that were put in last year, a DEF storage tank was moved to the end of the
fueling station, the current canopy does not cover this pump.
DISCUSSION:
Fleet and Facilities Management recommend the lowest quote received for a 24'x 42' canopy
from The Southern Company in the amount of $20,580.00, plus applicable taxes. Per Arkansas
State law competitive bids under $35,000 are not required to have signatures.
BUDGET/STAFF IMPACT:
Sufficient funds have been budgeted for this project
Attachments:
Quotes .
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701•
ZK
' 38 THE www.thesoco.com
IftV
mx PETROLEUM EQUIPMENT ♦ SALES - SERVICE -INSTALLATION - ENVIRONMENTAL SERVICES
LICENSED GENERAL CONTRACTOR - CONSTRUCTION MANAGEMENT
Main Office : 1201 Cypress Street a North Little Rock, Arkansas 72114 501-376-6333 800-482-5493 501-376-8715
Branch : 7621 Ball Road * Fort Smith Arkansas 72908 479-648-1601 800-643-2156 479-646-1066
Quotation to:
City of Fayetteville
Attn: Wade Abernathy
Fayetteville, AR
wabernathv9favetteville ar.gov
Quote #.Q-190318-1
Date.
3/18/2019
Phone #:
Sales Person:
Bob S.
QTY DESCRIPTION UNIT PRICE TOTAL PRICE
I I Remove existing canopy, fascia, gutters, light fixtures, decking, steel purlins (leave ( 1 20,580.00 I
columns and main beams} j
I Furnish and install new steel purlins, 22 ga. embossed white decking and gutters on
new size 24' x 42'
Furnish and install 136 In ft. 36" white ACM fascia, repaint canopy columns. Mount
(6) LED canopy lights for wirinq by others.
Note: Price does not include permit or "Fayetteville Fleet Operations" decal, or sales
taxes
ineered
AL (plus APPLICABLE T
3: Shionina Point
General Conditions: Unless otherwise stated above, prices quoted are for acceptance within 30 days. After that date prices are
subject to change without notice. If goods referred to are for shipment from stock they are offered only subject to prior sale. Prices
will be increased without notice by the amount of any sales or excise tax levied or charged by Federal, State, or other Governmental
Authority. All orders are accepted subject to credit approval Orders for special items are subject to re -stocking charge if cancelled. In
the event underground obstructions such as rock, plumbing, electrical lines water, or excess caving are encountered, our price will
be increased by the additional costs incurred. If tanks rise or float after backfilling, an additional charge will be made to cover costs
necessary to replace or repair resulting damage unless concrete anchors and straps are requested and specifically itemized in bid.
THANK YOU FOR GIVING US THIS OPPORTUNITY TO QUOTEI
1OF1
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Date Accepted
10,114N. -I
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Proposal Number: 21-3308-19
Revision: 1
Lump Sum Proposal j Agreement
Proposal For:
Sara Glenn
City Of Fayetteville
Phone: 479-444-3485
E-mail: sglenn@fayetteville-ar.gov
Project information:
Project Title: Installation of approx. 15'X 30' canopy
to tie into existing canopy structure.
Location: City Of Fayetteville, AR
Proposal Number: 21-3308-19
Revision: 1
Proposal Date: 11/09/2018
Nabholz Construction Services ("Nabholz") is pleased to submit this Lump Sum Proposal/Agreement (inclusive of the General Terms
and Conditions attached hereto) ("Agreement") for the above referenced project. This pricing is valid for 30 day(s). If acceptable,
please sign where indicated, date and fax (or return) a copy to Nabholz. Thank you for the opportunity to be of service. The pricing
and terms of the Agreement are confidential.
SCOPE OF WORK Is based on our site visit and as clarified below. Nabholz shall furnish all labor, materials, and equipment unless
otherwise noted, for the following specific scope of work:
1. Scope of work is located at City of Fayetteville, 1525 S. Happy Hallow Road, Fayetteville, AR.
2. Remove existing metal skin off of 20'X 30' gas canopy shown to Nabholz on site walk on 11/02.
3. Install (1) 8" X 8" support post. (Match as close to existing as possible/Location determined by owner)
4. Install new support structure approx. 15' X 20'. (Match as close to existing as possible)
S. Re -skin new structure approx. 40' X 20'. (Match as close to existing as possible.
6. Remove (4) existing light fixtures on underside of canopy.
7. Furnish and install (4) led light fixtures on underside of canopy. (Locations determined by owner)
8. Remove debris generated by construction.
EXCLUSIONS from the scope of work in this proposal are as follows:
1. Excludes any item not specifically called out in the scope
2. Any item discovered during the course of the work not specifically addressed will be subject to additional charges.
3. Any engineering.
4. Any overtime or holiday work.
S. Any relocation of underground utilities.
6. Any bollards.
SCHEDULE for the above scope of work ("Work"), is based on Nabholz Normal Working Hours and Work Days, and shall not exceed
n/a work days from the project start date. If Nabholz is delayed at any time in the commencement or progress of the Work by an act
or neglect of the Owner, or of an employee, or separate contractor or designer employed by the Owner; or by changes ordered in the
Work, or by labor disputes, fire, weather, access to work areas, unusual delay in deliveries, unavoidable casualties or other
causes beyond the control of Nabholz; or by delay authorized by the Owner; or by other causes which may justify delay in the
Owner's reasonable discretion, then the Schedule shall be extended and additional general conditions costs resulting from the
delay shall be paid by Owner.
PAYMENTTERMS for this proposal shall be based on monthly progress invoices, no retainage withheld, submitted by Nabholz with
payments due in full no later than 30 day(s) from the invoice date.
3301 North Second Street Rogers, Arkansas 72756 1 Phone: 479-659-7802 1 Fax: 479-621-8089 1 www.nabholz.com
Page 1
The. information contained in this communication is confidential, is intended only for the use.afthe recipient named above, and may be legally -privileged or
contain trade secret or proprietary information. if the reader of this message is not the intendedYecipient,:you are hereby notified that any. dissemination,
distribution or copying of this communication is strictly prohibited. If you have received this communication In error, please repfy to the sender and delete
the original message or any copy of it.
City Of Fayetteville
Sara Glenn
LUMP SUM PRICE OF THIS PROPOSAL
Proposal Number: 21-3308-19
Revision:.1
$29,961.39
3301 North Second Street Rogers, Arkansas 72756 1 Phone: 479-659-7802 ( Fax: 479-621-8089 j www.nabholz.com
Page 2
The inforrtiatlan tontaihed.in this communication is confidential fa Iritended only for the::Use of the recipledt named above, and may be legally privile-ged`o„r
cbritain trade secret or proprietary information. If the reader of this message is not the ihtended'tecipient,:.you are her..ebv notified that aciy:diss�mination;
distribution or copying of this communication is strictly, pit iiiblted..lf',you, have receivOd this.corcitnunieailon in error, ;please reply -3a the sender and delete
ihe;fs'rigini'message or any copy of it.
City Of Fayetteville
Sara Glenn
Proposal Number. 21-3308-19
Revision: 1
LUMP SUM PROPOSAL/AGREEMENT GENERAL TERMS AND CONDITIONS
Agreement For:
City Of Fayetteville
Project Information:
Project Title: installation of approx. 15'X 30'
Contract Documents: Upon execution of this Agreement by the Owner or canopy t0 tie into existing canopy structure.
commencement of Work, whichever occurs first, the Lump Sum Proposal/Agreement ("Agreement"), shall constitute the Contract
Documents and shall govern the rights of the parties hereto. in the event of any inconsistencies this Agreement shall control.
Scope of the Work: Shall be per the Contract Documents and shall constitute of "Work". Nabholz shall exercise the degree of care,
skill and diligence in the performance of the Work, to assure its Work is performed in a good workmanlike manner, consistent with
construction industry standards for similar projects and circumstances in the same geographic area (hereinafter the "Standard of
Care"). Nabholz shall have responsibility and control over the performance of the Work, including construction methods,
techniques _manmer and sequences for coordinating :and completing the.vari0us .ptirtiorrs of the Work. Nabhplz' Standard of Care
speclflcally excludes anydesign or design -related responsibilities, and any action taken by.Nabiiolz under this Agreement.does not
and shall not be construed to approve; represent orwarrant the adequacy,:a,nd:stritaliility pf tFie plar7s>and, spec:#:Cations for the
purpose for which they are provided. Owner expressly warrants that any plans, drawings, specifications, surveys, soil test and
reports, and hazardous material studies furnished by the Owner are true, correct and complete; and Nabholz is entitled to rely
upon the adequacy, accuracy and completeness of such documents.
Payment: Owner agrees to pay Nabholz for the performance of the Work, subject to additive or deductive modifications requested
by the Owner. Payments are due in full no later than 30 days from the invoice date. Payments due and unpaid invoices shall bear
interest at the rate of six percent (6%) per annum. Final Payment shall be due when the Work is completed and final invoice is
suiiiriitted.
IMPORTANT NOTICE TO OWNER
IF BILLS FOR LABOR, SERVICES, OR MATERIALS USED TO CONSTRUCT OR PROVIDE SERVICES FOR AN IMPROVEMENT TO REAL ESTATE
ARE NOT PAID IN FULL, A CONSTRUCTION LIEN MAY BE PLACED AGAINST THE PROPERTY. THIS COULD RESULT IN THE LOSS, THROUGH
FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR REAL ESTATE BEiNG IMPROVED. THIS MAY OCCUR EVEN THOUGH YOU HAVE
PAID YOUR CONSTRUCTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY PAYING THE ABOVE
NAMED PROVIDER OF LABOR, SERVICES OR MATERIALS DIRECTLY, OR MAKING YOUR CHECK PAYABLE TO THE ABOVE NAMED
PROVIDER AND CONSTRUCTOR JOINTLY.
Insurance: Nabholz shall maintain insurance for Workers' Compensation, Builders Risk, Employer's Liability, Comprehensive
Automobile liability, and Comprehensive or Commercial General Liability on an occurrence basis.
Disputes: If a dispute arises out of or relates to this Agreement, including the breach thereof, the parties shall first attempt to settle
the dispute through direct discussions, then by mediation :as. a condition precedent to binding arbitration. Unless parties mutually
agree otherwise, mediation shall be conducted in accordance with the current Construction Mediation Rules of the American
Arbitration Association (AAA). Disputes not resolved by discussion or mediation shall be decided by binding arbitration in
accordance with the Construction Industry Arbitration Rule of the AAA then in effect. The arbitration shall be held in the country
and state in which the Project is located unless otherwise agreed in writing.
Termination': Owner and Nabholz may terminate this Agreement only in the event of material breach and only after providing ten
(10) calendar days prior written notice to the address stated herein (i) delivered by facsimile or electronic mail, provided sender
can provide evidence of successful transmission and that such day is a business day, or (ii) by registered or certified U.S. Mail,
return receipt requested. In the event either party fails to cure, or falls to diligently commence to cure and alleged material default
to the reasonable satisfaction of the non.,defaulting party within ten (10) calendar days of receipt of such written notice, the no -
defaulting party may terminate this Agreement.
Exclusion of Warranties: NABHOLZ MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED. ALL IMPLIED COVENANTS ARE HEREBY
WAIVED. WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
Miscellaneous: This Agreement is severable, and any part deemed unenforceable shall not render the remaining part unenforceable.
All covenants of the Agreement shall be subject to all federal and state laws, executive orders, rules, or regulations, and this
Agreement shall not be terminated, in whole or In part, nor the parties held liable in damages for failure to comply therewith, if
compliance is prevented by, or if such failure is the result of any such law, order, rule, or:regulation or acts of God. In the event of
an Owner -related or third party union -related dispute or activities on or near the Project, not directly involving Nabholz or its
Subcontractors, affecting the schedule or cost of the Project, Owner shall agree to an equitable adjustment of the schedule and cost
by Change Order and take all appropriate actions to assure the i+ilork is not disrupted. This Agreement is intended to be the final
3301 North Second Street Rogers, Arkansas 72756 1 Phone: 479-659-7802 1 Fax: 479-621-8089 1 www.nabholz.com
Page 3
The Information contained in this communication is confidential, is intended only for the use of the recipient named above, and may be legally privileged or
contain trade secret or proprietary information. If the reader of this message is not the Intended, recipient, you are hereby notified that any dissemination,.
distribution or copying of this communication is strictly prohibited. if you have received this communication in error, please reply to the sender and delete
the original message or any copy of It.
expression of the parties, and there are no other written or oral agreements relating the subject thereof. This Agreement may only
be amended by 'a further written agreement signed by, both parties. The Proposal/Agreement, when Signed by both partles,
constitutes the entire agreement and contract between the parties forthe performance of the Work described in the Proposal. Faxes
of singed Proposal/Agreement are acceptable. As proof of such Agreement, Owner is hereby notified of Nabholz's objection to any
terms inconsistent herewith and to any additional terms proposed by Owner in accepting or acknowledging this
Proposal/Agreement or otherwise and such terms shall not become a part of this Agreement unless accepted in writing by Nabholz.
Neither Nabholz's subsequent lack of objection to any such terms, nor the beginning of Work shall constitute or be deemed an
agreement by Nabholz to any such terms. Nabholz will not be responsible for consequential damages of any types under any
circumstances. Unless otherwise noted in the Proposal, Nabholz excludes performance and payment bonds; rock excavation;
asbestos or any other hazardous material removal, disposal, or encapsulation; services of licensed professionals such as
attorneys, architects or engineers; costs for the after hour work, shift work, weekend or holiday work.
EEO: Nabholz complies with both Federal and State laws pertaaining`to Equal Employment Ol portunity (EEO) and does not
discriminate in employment opportunities or practices on the basis of race, color; religion, sex; national origin, age (except, as
otherwise required by child labor statutes), disability, genetic informatioh,_ texuai orientation, gerider`ictentity, veteran statits,.or
any other characteristic protected by law.
Additional Work: Unless otherwise provided in writing between the parties, any additional work requested directed by Owner or its
representative(s) shall be governed by the General Terms and Conditions of the Agreement.
Confidential &,Competitive Information: Owner acknowledges that certain information provided to it by Nabholz contains
information deemed trade secret, proprietary or otherwise confidential. Such information includes but is not limited to Nabholz'
research, development, methods, processes, techniques, operations, computer programs; pricing/price modeling, and financial
data of Nabholz, it related companies, for payment, change orders, or'comrriercial information, including value engineering and
constructability studies; current and prospective clients, subcontractors, and/or competitors; and proposals. Recipient
acknowledges the value of such information Nabholz, and agrees to use reasonable diligencein protecting this information from
unauthorized disclosures to third parties (excluding any governmental regulatory bodies entitled to access such informatlo*h by
law, or Recipient's parent, subsidiary or affiliated companl6s, or Recipient's auditors or lenders.to the extent such disclosure in
necessary). The Recipient agrees it shall not use the information provided in this proposal, in whole or part, for any purpose other
than to evaluate the proposal, except that if a contract is awarded to Nabholz as a result of or in connection with the submission of
the proposal, Recipient may use the information to the extent provided and consistent with the terms and conditions stated in the
contract.
Governing Law: The Proposal/Agreement shall be construed, and its performance governed, by the laws of the state in which the
Work is performed. A
Respectfully Submitted: Accepted by 0wQ"1—/—
Signature/Title"�
Acceptance Date:
Desired Project Start Da e:
Joey Woesch
Nabholz Construction Services
3301 North Second Street Rogers, Arkansas 72756 1 Phone: 479-659-7802 1 Fax: 479-621-8089 1 www.nabholz.com
Page 4
The information contained in this communication is confidential; is intended only for the use of the recipient named above, and may be legally privileged or
contain trade secret or proprietary information. if the reader of this message is not the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you have received this communication In error, please reply to the sender and delete
the originnl message or any copy of it.
Glenn, Sara
From: Abernathy, Waylon
Sent: Monday, March 25, 2019 10:13 AM
To: Glenn, Sara
Subject: FW: Fleet Fuel Canopy
Sara,
The non-responsive bid from Benchmark below, the nabholz bid, and southern Company should be all you need for the
canopy.
Wade Abernathy
Facilities and Building Projects Manager
City of Fayetteville
wabernatky. faYetteu'iIle-a'r,eov
T 479-575-8361
CITY QF
FAYETTEVILLE
T' ARKANSAS
From: Roger Ross or Steve Smith at Benchmark <benchmarkconst@att.net>
Sent: Monday, March 25, 2019 9:55 AM
To: Abernathy, Waylon <wabernathy@fayetteville-ar.gov>
Subject: Re: Fleet Fuel Canopy
Wade
We are too busy to get to this thanks for the opportunity
Roger
Sent from my iPhone
On Mar 18, 2019, at 2:52 PM, Abernathy, Waylon <Wabernafli C fayettevifle-ar:eov> wrote:
Roger/Steve
Are you going to be able to get us a quote to replace the panels and add a column at the fleet fuel
station?
Wade Abernathy
Facilities and Building Projects Manager
City of Fayetteville
-wabernathy fayetteville-.ar.eov
T 479-575-8361
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