HomeMy WebLinkAbout35-97 RESOLUTIONt
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RESOTUTION NO. 3s-e7
rf II\U
A RESOLUTION AWARDINC A CONTRACT IN THE AMOUNT
oF $ 159,O57, PLUS A 5% CONTINCENCY OF $7,953, TO
MOBLEY CONTRACTORS, 1NC. FOR PARK IMPROVEMENTS
FOR THE CULLEY AND DAVIS PARKS; AND APPROVAL OF A
BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 That the City Council hereby awards a contract in the amount of
$159,O57, with a 5olo contingency amount of $7,953 to Mobley Contractors, lnc. for park
improvements to the Culley and Davis Parks; and authorizes the Mayor and City Clerk to
execute said contract. A copy of the contract is attached hereto marked Exhibit "A" and made
a part hereof.
Section 2. The City Council hereby approves a budget adjustment in the amount
of $9t,150 increasing Park lmprovements, Acct. No. 2250 9250 5806 00, Project No. 9401 7
in the amount of $18,850; Park lmprovements, Acct. No. 4470 9470 5806 00, Project No.
94017 in the amount of $2,300; and Park lmprovements, Acct. No. 4470 9470 5806 00,
Project No. 96031 in the amount of $70,000 by decreasing Park lmprovements, Acct. No.
2250 9250 5806 00, Project No. 96095 in the amount of $10,000; Park lmprovements, Acct.
No. 2250 9250 5806 00, Project No. 96096 in the amount of $8,850; Park lmprovements,
Acct. No. 4470 9470 5806 00 97019 in the amount of $60,000; and Park lmprovements, Acct.
No. 4470 9470 5806 00, Project No. 9501 5 in the amount of $12,300. A copy of the budget
adjustment is attached hereto and made a part hereof.
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PASSE
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APPROVED
By
red Hanna, Mayor
By
.D AND APPROVED this lst day of pri I , 1997.\\
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ATTEST:
Traci Paul, City Clerk
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WITTENBERG, DELONY & DAVIDSON, INC.
Architecture
Planning
Interior
100 west center, Suite I02 Fayetteville, Arkansas 72701 TEL: 501 443-6666 FAX: 501 443-9515
FAYETTEVILLE PARKS & RECREATION DEPT
Davis & Gullel,Parks Site Improvements
JOB NO: 96049
BID CERTIFICATION: I hereby ceni& that the bids as tabulated
D",by1
BIDS RECEIVED: 2-25-1997.4:00 p.m
Tned Name and Title: R.rchard Alderman, AIA'
Principal / Project Manager
BIDDERS UCENSE NO.BID BOhID
ENCLOSED
BASE BID NUMBER I BASE BID NUMBER 2 BASE BID COMBINED
TOTAL
DEDUCTNIE ALTERNATE
NO. r
DEDUCTIVE ALTERNATE
).IO.2
DEDUCTN/E ALTERNATE
l.Io.3
WDI}D CONST
ESTIIvtATE
$ 67,900.00 $ 88. 920 00 $ 156,720 00 $ 14,000.00 $ 2,000.00 $ 1,000.00
N,IARINOM
CONSTRUCTION
YES $ 71,400.00 $ 89,400.00 $ 160,800.00 $ 6,220.00 $ 2,000.00 $ 1,850.00
MOBLEY
CONTRACTORS
YES $ 71.297 00 $ 8?,760.00 $ 159, 057.00 $ 5,188.00 $ 9,000.00 $ 9,400 00
TOMLINSON ASPIIAI.T
CONTRACTORS
YES $ 71,000.00 $ 105,190 00 $ 170. 190 00 $ 6,486.00 $ 2,000.00 $ I,650.00
City of Feyetteville, Arkensts
Budget Arijustment Form
Budget Year
L997
Project or ltem Requested:
$2L, l-5 0 is reguested in the Davis Park
Improvements Proj ect .
$70r000 is requested in the Gulley Park
Improvements Proj ect .
Justification of this Increase:
The additional funds are needed to cover
expenses associated with an increase in
proj ect scope .
Account Name
Adjustnent #
Project or ltem Deleted:
$L2r300 from the ADA Park Projects,
$8, 850 from the Misc. Park
Improvements Project, $10, 000 from
the Mi.sc . Park SurveYS, $ 60, 000 from
the Park Maintenance ComPlex.
Justification of this Decrease:
The funding from the ADA Park Projects will
cover ADA expenses involved with the two
proj ects, there is sufficient funding
available in the Misc. Park Improvements
and Misc. Park Survey Proj ects to meet
project objectives, and the $50,000 from
the Park Maintenance Complex will be
rebudgeted in 1998 since this is a
multi-year capital Proj ect .
CREDIT - Increase Expense (Decrease Revenue)
Amount Account Number Project Number
Park Improvements
Park Improvements
18, 850
2 ,300
Amount
10, 000
8, 850
2250
447 0
9250
947 0
s80
5805
00
00
94 017
940L7
Park Improvements 70 000 447 0 947 0 5805 00 95031
DEBIT - Decreese Expense (Increase Revenue)
Number
9250
2250 9250 5806 00@w -e.oz--lr-
441 0 9470 5805 00
Account Name Number
Park Improvements
Park Improvements
9 95
95096r0T9-
95 0l, s
Park Improvements
Park Improvements L2 300
Date Requested
March 13, L997
Pub1ic Works
Parks & Recreation
Sales Tax Capital fmprvs
Approval Signatures
6Jeq?
Budget Office Use Only
Tlpe:ABCD
Date of Approval
Posted to General Ledger
-Entered in Category Log
-
F
Budget Office Copy
Departnent Director
7-l
H
,I
Standard Form of Agreement Between Owner and
Contractor where the basis of payment is a Stipulated Sum
AIA Document A{01 - Electronic Format
THIS DOCUMENT IIAS IMPoRTANT LEGAL oONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCoURAGED WTIH RESIECT TO ms
CoMPLETION OR MODIFICATIoN. AUTEENTICATION Or TIIIS ELECTROMCAIIY DRAFTED AIA DOCUMENT lv(AY BE N{ADE BY USING AIA
DOCUMENTD4Ol.
Tbel98TEdilicaofAlADocumeatA20l,GcncralCcnditiosoftheCotractfcrCcosnrcio,badoptediDthrsdocunortbyrdereace. Doncusewithcrhergeaeral
ocoditios uoless rhiq documeut is modi6ed. This doqrmeut has beta qprovod ad eailcrsed by The Associd.ed Geaeral Cotractcrs of America.
Cqyn&t1915, 1918, 1925, 1937,1951, 1958, 1961,1962, 1967,1974, 1977,qyn$t 1987 thcAmericaInstihteofArchiteds, lT35NeurYckAveaue.N.W.,
11/aq$ing!cq D.C.,2OOOG5292. Repro&rd,io dthe mdcrial herein cr sbstatial quctaicn d is provisios witho.u. uriuen permissico of the AIA violaes the crcpyn&t
laws dthe(hited $aes adwill be $bjed.to lcgelprcecl.tim.
AGREEMENT
made as of the F'HtlI day of ffi in the year of Nineteen Hundred and IffiEir,YrSEfmX
BETWEEN the Ovner:
(Name and address)
C lTY OFr :FAYEEr EVILtE,T ARI(ANSAS
l1,3,WEST,MOUNrA!:N
FAYET.TEM tLE ; . AR,I(A NSAS' 72709
and the Contractor:
(Name and address)
MOB LBr .,GON[RNCT6RS,: : [NC.
P.O.:BOX,1i&+7
FAYETTE\II tL E i , A R:!(A-N SA S,727 Az
The Project is:
(Name and locoion)
FAYETTEVI [I.E. PARKS::AND: REC REAflON . DEPARTM ENT
GULtEV. ANDI ,OAVI Si: PARKS : IMPROVEM ENTS
FAYEf.,fi..Ll l-E E, ARffiN SAS
The Architect is:
(Name and address)
W|IIL E NBERG, : DEEOI{Y, &,,,DAVIDSON,; : I;NC .
t0O: WES*, CENI ER,,,SU|*E I 1:fi2
FAY.Erf.,-T:E\n EEE, A RI(NVSAS, 727,Q,N
The Orvner and Contractor agree as set forth below.
AIA DoCUMENT Al0l . OWNER4ONTRACTOR AGREEMENT . TWELFTII EDTfiON . AIA . CoPYRIGIII l9&7 . THE AIVIERICAN INSTITUTE OF
ARCFtrTECTS, 1735 NEW YORK AVENITE, N.W., WASHINGTON. D.C., 20006-5292. WARNING; Lhtioensd phctoccpying viold,es U.S. ocpyn&t laws ad is
sbjea. to legal prceotrim. This docuncat was cledrmically prodrced with permissica of the AIA ad ca be rcprodrced withorl. violaio uutil the date of ogiraico :s
aced below.
Electronic Format Al0l- 1987
User Document: FAYPARK.DOC -31511997. AIA License Number 131378, wfrich expires on 7/1/1997 -Page#1
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions),
Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and
Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if auached
to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents,
other than Modifications, appers in Article 9.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, excep to the extent specifically indicated in the
Contract Documents to be the responsibility of otherspr+{ellerw:
NAt-lE
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
.3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measure{ and shall be the date
of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a
notice to proceed issued by the Ovmer.
(Inseft the date commencement,the dae stde that the dae will be in a notice to
Unless the date of commencement is established by a notice to proceed issued by the Ovmer, the Contractor shall noti! the Orvner
in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other
security interests.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insen the colendar dde or number of calendar days afier the dae of commencement. Also insett any requirements for eorlier Substantial Completion of cenain
potions ofthe lforlq if not stded elsewhere in the Contract Documents.)
, subject to adjustments of this Contract Time as provided in the Contract Documents.
llnsert provisions, if any,for liquidaed damages relding tofailure to complete on time.)
One::hundred.rddlais,($100;:00)r:per,calendar:day,6seordihgrto::Sestion::0:l,0ll0, Falqraph,,:t:t07:rdf rthe,Project Mantral.
ARTICLE 4
CONTRACT SUM
4.1 The Orvner shall the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of
($ 159i057i:00 ), subject to additions and
deductions as provided in the Contract Documents.
1.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are
hereby accepted by the Ovner:
lStae tln trumbetr or other identificaion of accepted aherndes. If decisions on other alrerndes are to be made by thc Owner subsequent to the execution of this
Agreemem, onach a schedule of such other altemaes showing the amoufi for each and the dae until which tha amount is valid.)
NONE
AIA DOCUMENT AIOI . OWNER4ONTRACTOR AGREEMENT . TWELFTII EDITION . AIA . COPYRIGIIT I9r/ . THE AMERICAN INSTITUTE OF
ARCHITECTS. 1735 NEW YORK AVENIIE. N.W., WASHINGTON, D.C.. 2W5292. WARNING: Ihlicctrscd phctocqying viola.es U.S. ccpyndrt laws md is$bjcd to legal prccoaio. This doormat was elccrcnically prodrced wirh peraissicn of the AIA ad c' be repro&r""a r"itlo,l ,iotalo rmtil the dii.e & ergiratico as
nctcd belox.
Electronic Format Al0l- 1987
User Document: FAYPARK.DOC - 315l'1997. AIA License Number 131378, wtrich expires on 7/1/'1997 - page t*2
the
4.3 Unit prices, if any, are as follows:
NONE
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Pa5rment issued by
the Architect, the otmer shall make progress payments on account of the Contract Sum to the Contractor as provided below and
elsewhere in the Contract Documents.
5.2 The period covered by each application for Payment shall be one calendar month ending on the last day of the month, or
as follows:
5.3 Provided an Application for Payment is received by the Architect not later than the twenty,fitUi (25th) day of a month, the
Orvner shall make payment to the Contractor not later than the t$!1ff,:(30thl day of the follo$.if! month. If an Application for
Payment is received by the Architect after the application date fixed above, payment shall be made by the Orvner not later than the
City,o-f Fei.ettevitlBtsinext::b,itHngf,i ntislrelei,or,ifu.f-w (45) aays after the Architect receives the Application for Payment.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with
the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work
and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule,
unless objected to by the Architect, shall be used as a basis for reviewing the Contracto/s Applications for Payment.
5.5 Aplications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the
perid covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:
5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage
completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule
of Values, less retainage of ten percent ( 10 %) . Pending final determination of cost to the Orvner of changes in the Work amounts
not in dispute may be included as provided in SubparagraphT.3.T of the General Conditions even though the Contract Sum has not
yet been adjusted by Change Order;
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site
for subsequent incorporation in the completed construction (or, if apprwed in advance by the Orvner, suitably stored off the site at a
location agre€d upon in writing), less retainage of tcn percent ( i0 %):
5.6.3 Subtract the aggregate of previous payments made by the Orvner: and
5.6.4 Suhtract amounts, if any, for which the fuchitect has withheld or nullified a Certificate for Payment as provided in
Paragraph 9.5 of the General Conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following
circumstances:
5.7.1 Add, upon Substantial Completion of the Worlq a sum sufEcient to increase the total payments to percent ( %) of the
Contract Sum, less such amounts as the fuchitect shall determine for incomplete Work and unsettled claims; and
ha\re : breeh:r tecetved:r.ffi ;.;en!pvtO.: 6$::the,:Architect
AIA DOCTJMENT AIOI . OWNER4ONTRACTOR AGREEMENT . TWELFTTI EDITION. AIA . COPYRIGIIT 1987 . THE AMERICAN INSTITUTE OF
ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C.. 200065292. WARNING, Lhliccrlsd phcoccpying violdcs U.S. copyn$t laws ad is
$bjcd. to lcgal prcdttic. This doqtlneat was elearcaically prodrced with pamissio dthc AIA ad ca bc repro&rcedwithou. violaio until the dae of ogtatico as
ncred belor.
Electronic Format Al0l- 1987
User Document: FAYPARK.DOC -3151'1997. AIA License Number 131378, wfrich expires on 7/1/1997 - Page #3
5.7.2 Ad4 if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional.
amounts payable in accordance with Subparagraph 9.1O.3 of theGeneral Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
(f it k inended, prior to Substantial Completion of the entire lforh. to reduce or limit the netainage resulting from the percentages inseaed in Subparagrapfu 5.6.1
and 5.6.2 above, and thk is not explained elsewhere in the Contract Documents, insert here provisions for such redtction or limitoion.)
NONE
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when ( I )
the Contract has been fully performed by the Contractor except for the Contracto/s responsibility to correct nonconforming Work as
provided in Subparagraph 12.2-2 of the General Conditions and to sati$ other requirements, if any, which necessarily survive final
payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Orvner
not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows:
shall
ARTICLE 7
MISCELLAN EOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the
reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in
the absence thereof, at the legal rate prevailing from time to time at the place where the Projea is located.
(nsen rae ofinterest agreed upon, ifany)
NONE
(Usury laws and requirements uader the Federal Truth in Lending Act, similil state and local consumer credit lau,s and other regulations at the Owner's and
Contractotts principal places of business, the locoion of the Projea and elsewhere may affect the validity of this provision. Legal advice should be obtairred with
respect to deletions or modifications, and also regarding requirements such as written disclosures or woiven.)
7.3 Other provisions:
NONE
8.1
8.2
ARTICLE 8
TERMINATION OR SUSPENSION
The Contract may be terminated by the Orvner or the Contractor as provided in Article 14 of the General Conditions.
The Work may be suspended by the Orrner as provided in Article 14 of the General Conditions.
AIA DOCUMENT Al0l ' OWNER4ONTRACTOR AGREEMENT . TWELXTH mmON o [t{ o COPYRIGIIT 1987 . TIIE AI,IERICAN INSTITUTE OF
ARCHITECTS, 1735 NE\ / YORK AVENUE. N.W.. WASHINGTON, D.C., 2W5292. WARNINGI thliocosed phctoocpying violates U.S. copyn&t laws ad is
srrbjcd to lcgal Prccct ic. This doqrlncnt was clccrcnically pro&rccd with pconissicn of the AIA ad ca bc rcprodrocd withort violaim until the date of erptaticn as
nced belo,v.
Electronic Format Al0l- 1987
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3
3
3
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001.00
00300
00?o0
. ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contraa Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows
9.1.1 The Agreement is this executed Standard Form of Agreement Between Orvner and Contractor, AIA Document A101, 1987
Edition.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document l00l,1987 Edition.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated Jan$ary. 1997,
and are as follonr:
Document Title Pages
of
00800 SU.P-P [E M ENTARY C ONDIT l,O NS
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows:
lEither lisr the Specificoions here or refer to an exhibit atached to this Agreement.)
Document Title Pages
Asrllsted in:ith$i:feHe:of:iGontentS,:,ih:theiFroject::Manual:datetli,larrygryli,,:1907i,
9.1.5 The Drawings are as follows, and are dated unless a different date is shown below
(Either list the Drawings here or refer to an exhibit anached to this Agreement.)
Number Date Pages
A.1 O-\,ERI{IEt;SITE;:F[AN,,,:IEAVIS,,:PI{RK JAtrt,,g7 t
A-, ;,iENli4gc=O:stfEipt Nsrr:.DAqsi,.PffiK #Niisi 1
A-a ;,lMtSCffi4NgOUs:iEHISlllSiiiiiiD*VlS::FARK JAN:,sz 1
A#:;::O-V€.ffiCUlSlmEl,F[A$.,r.,$tlEEF#':,P,ARK J,dNi:,gf 1
A=5.,;:EN!*"{*59B;S!SEiPIAN$,+,,,GIIELHfiPARK JAN:,;07 1Ac,,,,,9flEEEO;,Rn$F|ffiffiiq:lDEf4,LS Ni.e? 1
A;7r;::MtSeEil$fiNEOUS:itEE:liAItS,,:t,:6U*Ol:PARK JANiig7 I
,t.,',ffittt,., ettaffi r,rrent
24,,pa$es
12
9.1.6 The addenda if any, are as follows:
Number
NONE
Pages
Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are
also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
ftist here any additional documeils which are intended toform paa ofthe Contract Documents. The General Conditions provide that bidding requirements such as
advetisement or iwitdion to bid, Insrn ctions to Bidderc, sample forms and the Contractotts bid aru not port of the Contract Documefis unless enumerded in rhis
Agregmlnt They should be listed here only if intended to be part of the Contact Documems.)
NONE
Date
AJA DOCUMENT AIOI . OWNER4ONTRACTOR AGREEMENT . TWELFTH EDMON . AIA . COPYRIGIIT 1987 . THE AMERICAN INSTITUTE OF
ARCIIITECTS, 1735 NEW YORX AVENUE. N.W., WASHINGTON, D.C.. 2OCo6-5292. WARNING: thlic€osd phctocopying violaes U.S. oqyn&t laws ad is
subj€d to lcgal prceotricn. This doqrmcat was cleorcnically prodrced with pcnnissicn d!ilhe AIA ed ca be regrodrced withotn. violaica rmtil the dde of ogiratrcn as
ncted belorr.
Electronic Format Al0 l- 1987
User Document: FAYPARK.DOC -31511997. AIA License Number 131378, wfrich expires on7l'111997 - Page #5
This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which
one is to be delivered to the Contftrtor, one to the Architect for use in the administration of the Contract, and the remainder to the
Ovrner.
OWNER
$ignaure)
(Pinted name and title)(Printed name and title)
AIA DOCUMENT AIOI . OWNER4ONTRACTOR AGREEMENT . TU/ELFTH EDMON . AIA . COPYRIGIII I9r/ . TIIE AMERICAN INSTITUTE OF
ARCIIITECTS, 1735 NEW YORK AVENUE. N.'W.. WASHINGTON.
ubjec. to legal prcecrtrim. This docrrment was elecrcnically prodrced
noted belor,rv.
D.C., 2000G5292. WARTIING; I-trnticensed phctocqyrng violaes U.S. copyn&t laws md is
with permissio of,the At{ ad ca be reprodrced withou, violaticn until the date of ergiratim as
Electronic Format Al 0l- 1987
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