HomeMy WebLinkAbout35-97 RESOLUTION•
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RESOLUTION NO. s -e7
A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT
OF $ 159,057, PLUS A 5% CONTINGENCY OF $7,953, TO
MOBLEY CONTRACTORS, INC. FOR PARK IMPROVEMENTS
FOR THE GULLEY 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
$159,057, with a 5% contingency amount of $7,953 to Mobley Contractors, Inc. for park
improvements to the Gulley 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 7. The City Council hereby approves a budget adjustment in the amount
of $91,150 increasing Park Improvements, Acct. No. 2250 9250 5806 00, Project No. 94017
in the amount of $18,850, Park Improvements, Acct. No. 4470 9470 5806 00, Project No.
94017 in the amount of $2,300; and Park Improvements, Acct No. 4470 9470 5806 00,
Project No 96031 in the amount of $70,000 by decreasing Park Improvements, Acct. No.
2250 9250 5806 00, Project No. 96095 in the amount of $10,000; Park Improvements, Acct.
No. 2250 9250 5806 00, Project No. 96096 in the amount of $8,850; Park Improvements,
Acct. No. 4470 9470 5806 00 97019 in the amount of $60,000; and Park Improvements, Acct.
No. 4470 9470 5806 00, Project No. 95015 in the amount of $12,300. A copy of the budget
adjustment is attached hereto and made a part hereof.
PASS,th AND APPROVED thisl5i day of April , 1997.
P /.• .&.,
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p(IIt< ,L14 APPROVED:
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1
Traci Paul, City Clerk
By
Fred Hanna, Mayor
A
TEL: 501 443-6666 FAX: 501 443-9515
100 West Center, Suite 102 Fayetteville, Arkansas 72701
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JOB NO: 96049
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DEDUCTIVE ALTERNATE
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DEDUCTIVE ALTERNATE
NO.2
$ 2,000.00
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$ 2,000.00
DEDUCTIVE ALTERNATE
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$ 6,486.00
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$ 156,720 00
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$ 159, 057.00
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$ 88, 920.00
$ 89,400.00
5 87,760.00
IITOMLINSON ASPHALT I I YES $ 71,000.00 $ 105,190.00
CONTRACTORS
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LICENSE NO.
II WORD CONST
ESTIMATE
IIMARINOM
CONSTRUCTION
MOBLEY
CONTRACTORS
BID CERTIFICATION: 1 hereby certify that the bids as tabular
iI
Typed Name and Title:
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
1997
Department:
Division:
Program:
Public Works
Parks & Recreation
Sales Tax Capital Imprvs
Date Requested
March 13, 1997
Adjustment
Project or Item Requested:
$21,150 is requested in the Davis Park
Improvements Project.
$70,000 is requested in the Gulley Park
Improvements Project.
Project or Item Deleted:
$12,300 from the ADA Park Projects,
$8,850 from the Misc. Park
Improvements Project, $10,000 from
the Misc. Park Surveys, $60,000 from
the Park Maintenance Complex.
Justification of this Increase:
The additional funds are needed to cover
expenses associated with an increase in
project scope.
Justification of this Decrease:
The funding from the ADA Park Projects will
cover ADA expenses involved with the two
projects, there is sufficient funding
available in the Misc. Park Improvements
and Misc. Park Survey Projects to meet
project objectives, and the $60,000 from
the Park Maintenance Complex will be
rebudgeted in 1998 since this is a
multi-year capital project.
Account Name
Park Improvements
Park Improvements
Park Improvements
Account Name
Park Improvements
Park Improvements
Park Improvements
Park Improvements
CREDIT - Increase Expense (Decrease Revenue)
Amount
18,850
2,300
Account Number Project Number
2250 9250 5806
4470 9470 5806
00 94017
00 94017
70,000 4470 9470 5806 00
DEBIT - Decrease Expense (Increase Revenue)
Amount
10,000
8,850
60,000
12,300
Account Number
96031
Project Number
2250
2250
4470
4470
9250
9250
9470
9470
5806
5806
5806
5806
00
00
00
00
96095
96096
97019
95015
Approval Signatures
Requ a By
Bu4
Codrdinator
Department Director
Admin. ervices Di for
May rAll /ice W97
Budget Office Use Only
A B C D
Date of Approval
Posted to General Ledger
Entered in Category Log
Budget Office Copy
1
Standard Form of Agreement Between Owner and
Contractor where the basis of payment is a Stipulated Sum
AIA Document A101 - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
The 1987 Edition of AIA Document A201, General Conditions &the Contract for Construction , is adopted in this document by reference. Do not use with t general
cmditioos unless this document is modified. This docummt has been approved and endorsed by The Associated General Contractors ofAmerica.
Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1962, 1967, 1974, 1977, copyright 1987 the American Institute of Architects, 1735 New York Avmue, N.W.,
Washmgtoa, D.C., 20006-5292. Repradtuc im of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright
Taws ofthe United Slum and will be subject to legal prosecutim
AGREEMENT
made as of the FIFTH day of MARCH in the year of Nineteen Hundred and NINETY-SEVEN
BETWEEN the Owner:
(Name and address)
CITY.OF:FAYETT,EVILLE, ARKANSAS
'Via WEST MOUNTAIN
FAYETTEVILLE; ARKANSAS 727(13
and the Contractor
(Name and address)
MOBLEY'.CONTRACTORS, INC:
P O BOX:1647
FAYETTEVILLE, ARKANSAS 72702
The Project is:
(Name and location)
FAYETTEVILLE PARKS 'AND: RECREATION DEPARTMENT
GULLEY AND DAVIS PARKS: IMPROVEMENTS
FAYETTEVILLE, ARKANSAS
The Architect is:
(Name and address)
WITTENBERG,DELONY & DAVIDSON, "INC.;
tQQWEST CENTER 'SUITE 102
FAYE 1 I tViLLE, ARKANSAS 72701
The Owner and Contractor agree as set forth below.
AW DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C., 20006-5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is
subject to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced without violatim until the date & expiration as
noted below.
Electronic Format A101-1987
User Document: FAYPARK.DOC — 3/5/1997. AIA License Number 131378, which 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 attached
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, appears in Article 9.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the
Contract Documents to be the responsibility of others, eras-foIIo :
NONE
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 measured, 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 Owner.
(Insert the date of commencement, if it differs from the date of this Agreement, or, if applicable, state that the date will be fixed in a notice to proceed.)
The date of commencement will be established in a written "Notice to Proceed" issued by the Architect after the
pre-COnSttuction coreferenee€
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner
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
(Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain
portions of the Work, if not stated elsewhere in the Contract Documents.)
One hundred twenty (120) consecutive calendar days from the date of the written "Notice to Proceed"
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions if any, for liquidated damages relating to failure to complete on time.)
One hundred dollars; ($100.00) per calendar day according to Section 01010, Paragraph 1.07 of the Project Manual
ARTICLE 4
CONTRACT SUM
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of
ONE HUNDRED FIFTY NMNE' THOUSAND, FIFTH SEVEN AND 00/100Dollars (S 159,057.03 ), subject to additions and
deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are
hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this
Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.)
NONE
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDTITON • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N W WASHINGTON, D.C., 20006-5292. WARNING: Unticrosed photocopying violates U.S. copyright laws and is
subject to legal prosecution. This dommmt was electronically produced with pamissim of the AIA and can be reproduced without violatim until the date of expiration as
noted below.
Electronic Format A101-1987
User Document: FAYPARK.DOC — 3/5/1997. AIA License Number 131378, which expires on 7/1/1997 — Page #2
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 Payment issued by
the Architect, the Owner 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:
Fir theperiod;ending=the twenty-fifth (25th): o€.each iron h;.
5.3 Provided an Application for Payment is received by the Architect not later than the twenty-fifth (25t1i) day of a month, the
Owner shall make payment to the Contractor not later than the thirty (30th) day of the following month. If an Application for
Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ,ttie'
City of Fayetteville`s<nextbilfing/payment cycle ar forty-five (45) days 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 Contractors Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the
period 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 ren percent (10 %) . Pending final determination of cost to the Owner of changes in the Work, amounts
not in dispute may be included as provided in Subparagraph 7.3.7 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 approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage of ten percent ( 10 %);
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Architect 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 Work, a sum sufficient to increase the total payments to percent ( %) of the
Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and
insert A. when all required "closeout" documents per Section 01300, paragraphs 3.10 and 3.11 of the Project Manual
have been received and approved by the Architect
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • ATA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C., 20006-5292. WARNING Unlicensed photocopying violates U.S. copyright laws and is
subject to legal proseanim This document was ekarmicdly produced with permission d the AIA and can be reproduced without violation until the date of expiration as
notal below.
Electronic Format A101-1987
User Document: FAYPARK.DOC — 3/5/1997. AIA License Number 131378, which expires on 7/1/1997 — Page #3
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional_
amounts payable in accordance with Subparagraph 9.10.3 of the -General Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
(lf it is intended, prior to Substantial Completion of the entire Work to reduce or limit the retainage resulting from the percentages inserted in Subparagraphs 5.6.1
and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.)
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 (1)
the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as
provided in Subparagraph 12.2.2 of the General Conditions and to satisfy 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 Owner
not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows:
Before issuance and delivery to the Architect of the final "Application and Certificate for Payment". the Contractor shall:
obthin in writing from the bonding'company, approval of such final payment. No Certificate issued, nor payment made
to the Contractor,nor partial or entire use of occupancy of the contract work by the Owner, shall be construed as
acceptance or any work cr materials not in accordance with this Contract. The Contractor shalt obtain full and complete
"Occupancy Permit". as issued by the appropriate governing agency(s) in writing before Final Payment will be made by
the Owner;
ARTICLE 7
MISCELLANEOUS 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 Project is located.
(Insert rate of interest agreed upon, if any.)
NONE
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and
Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with
respect to deletions or modifications. and also regarding requirements such as written disclosures or waivers.)
7 3 Other provisions:
NONE
ARTICLE 8
TERMINATION OR SUSPENSION
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
ARCHri'ECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292. WARNING; Unlicensed photocopying violins U.S. copyright laws tad is
subject to legal prosection. This document was electronically produced with permission of the AIA and rat be reproduced without violatim until the date of epiratim as
natal below.
Electronic Format A101-1987
User Document: FAYPARK.DOC — 3/5/1997. AIA License Number 131378, which expires on 7/1/1997 — Page #4
ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract 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 Owner and Contractor, AIA Document A101, 1987
Edition.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition.
9.1.3 The Supplementary an
and are as follows:
Document
00020
00100
00300
00700
d other Conditions of the Contract are those contained in the Project Manual dated January 1997,
Title
LDVEf2T SEMENT:FOR EID
INSTRUCTIONS TO' BIDDERS
BItfORM
GENERAL CONDITIONS
00800 SUPPLEMENTARY:CONDITIONS
Pages
3
3
3
1 with attachment of
24;0900
12
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.13, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Document Title Pages
As listed inahe Table. ot Contents in the Project Manual dated January, 1997
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 attached to this Agreement.)
Number
A-1 OVERALL SITE PLAN --DAMS PARK
A-2., •ENLARGED SITE PLANS =Davis PARK
A3 , MISCELLANEOUS DETAILS - DAVtS PARK
A-4 , OVERALL SITE PLAN .-•GULLEY PARK
A-5 , ENLARGED SITE PLANS-.GULLEY PARK
A3 , GAZEBO RAMP PLANS 8 DETAILS
A-7 , MISCELLANEOUS DETAILS - GULLEY PARK
9.1.6 The addenda, if any, are as follows:
Number
NONE
Date
JAN 97
JAN 97
JAN 97
JAN 97
JAN 97
JAN 97
JAN 97
Pages
1.
Date 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:
(List here any additional documents which are intended to form pax of the Contract Documents. The General Conditions provide that bidding requirements such as
advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this
Agreement. They should be listed here only ifintended to be pan of the Contract Documents)
NONE
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
ARCHITECTS, 1733 NEW YORK AVENUE, N.W., WASHINGTON, D.C.. 20006.5292. WARNING; Ihdicrosed photocopying violates U.S. copyright laws and is
subject to legal prosecution. This docummt was dttirmically produced with pamimm of the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A101-1987
User Document: FAYPARK.DOC — 3/5/1997. AIA License Number 131378, which expires on 7/1/1997 — Page #5
This Agreement is entered into as of the day and year first written above and is executed in at (east three original copies of which
one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the
Owner.
OWNER
(Signature)
MR FRED HANNA, MAYOR
CITY OF FAYETT'EVILLE, ARKANSAS
(Printed name and title)
alure)
MR RONALD F MOBLEY JR, VICPRESIDENT
MOBLEY CONTRACTORS, INC:,
(Printed name and title)
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • ATA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292. WARNING; Un icrosed photocopying violates U.S. copyright laws and is
subject to legal pmseartim This daament was electronically produced with pamissim of the AIA and am be reproduced without violatim until the date of erpvaim as
acted below.
Electronic Format A101-1987
User Document: FAYPARK.DOC — 3/5/1997. AIA License Number 131378, which expires on 7/1/1997 — Page #6