HomeMy WebLinkAbout151-02 RESOLUTION•
RESOLUTION NO. i si-n7
A RESOLUTION TO APPROVE A CONTRACT WITH
C -TEC, INC. IN THE AMOUNT OF $325,884.00 PLUS
A PROJECT CONTINGENCY OF $32,588.00 FOR
CONSTRUCTION OF THE SKATE PARK AT WALKER
PARK AND APPROVAL OF A BUDGET ADJUSTMENT
TO ACKNOWLEDGE RECEIPT OF $110, 623 00 IN STATE
AND PRIVATE GRANTS AND DONATIONS
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 approves a contract with C -TEC, Inc., attached as Exhibit A, in the
amount of $325,884.00 plus a project contingency of $32,588.00 for construction of
the skate park at Walker Park.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a budget adjustment attached as Exhibit Bin the amount of
$110,623.00 to acknowledge receipt of state and local grants and donations for
the skate park.
PASSED and APPROVED this the 1st day of October, 2002.
ATTEST:
Heather Woodruff, City e&
APPROVED:
By:
DAN COODY, Mayo
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
•
Resolution No.151-02
Document
ffr
1
10/01/02
Resolution # 151-02
2
09/19/02
Contract with C -TEC, Inc. -
$32,588 for construction of a
$325,884 plus a contingency of
skate park at Walker Park
3
10/02/02
Contract agreement C Tec, Inc. and City of Fayetteville
4
10/08/02
Memo to Eric Schuldt, Parks and Recreation from Heather
Woodruff
NOTES:
fil11/491/ynorn 71,,P,..ea •
• STAFF REVIEW FORM
XX_ Agenda Request
XX— Contract Review
Grant Review
For the Fayetteville City Council meeting of: October 1, 2002
FROM:
Eric J. Schuldt
Name
Parks and Recreation
Division
•
Urban Development
Department
ACTION REQUIRED• Award of bid n2-42 and approval of a contract with C TEC Inc in the amount of $725,884,
plus a project contingency of$32,588 for a total cost of$358,472, and approval of a budget adjustment for construction
of a skatepark at Walker Park.
COST TO CITY: $358,472
$358,472
Cost of this Request
1010.11 09 1533.00
2250.9250 5806.00
1010.1 005,03
Account Number
00006 —1
Project Number
$5,623
$75,000
$275,000
Category/Project Budget
$35
$24,730
$19,832
Funds Used to Date
$5,588
$50,270
$255,168
Remaining Balance
Budgeted Item XX Budget Adjustment Attached
Administrative Services Director
CO .TRACT/ RANT/LEASE REVIEW
Accounting Manager
Date
Purchas ng Officer
ate
Date
GRANTING AGENCY:
ADA Coordinator
x
Internal /Auditor
Skate Park
Category/Project Name
Park Improvements
Program Name
Community Donations
Parks Development
Park Land Dedication
'Fund
Date
g/ufor
Date
STAFF RECOMI%jENDATION: Award of bid #02-42 and approval of contract and budget adjustment.
Division Hee
Date
voZ
Date
Date
Cross Reference
New Item: Yes X No
Prey Ord/Res #:
Orig Contract Date:
1
I
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FAYETTEVILLE
THE CffY OF FAYETTEVILLE, ARKANSAS
TO:
THRU•
FROM:
DATE:
SUBJECT:
Mayor Coody and City Council
Hugh Earnest, Urban Development Director
Connie onston, Parks and Recreation Superintendent
Eric chuldt, Parks Development Coordinator
September 11, 2002
Award of Bid #02-42 and Approval of Contract for Fayetteville Skatepark
at Walker Park.
Background
The Fayetteville Skatepark, which was designed in a series of public workshops with Fayetteville
skaters, will be an 18,870 sq. ft. concrete facility. The skatepark will have beginner and
advanced sections to accommodate all skill levels. Many of the elements within the skatepark
will duplicate what the skaters use on our city streets. Purkiss-Rose, RSI was hired to design,
hold public workshops and perform four construction site visits. Construction is intended to
begin this fall, so that the skatepark will be ready for participant use in the spring. The project
funds will come from the Capital Improvement Program, Park Land Dedication Funds, a
$100,000 matching grant from the Arkansas Outdoor Recreation Grants Program, a $5,000 grant
from the Tony Hawk Foundation and $5,623 from community donations.
Current Status
Bids were opened on September 11, 2002 at 2:00 p.m. Four bids were received. C -TEC Inc. had
the low bid for the project.
Recommendation
Parks and Recreation Staff and Purkiss-Rose have reviewed the bids and recommend the contract
be awarded to C -TEC, Inc. in the amount of $325,884, plus a ten percent contingency of $32,588
and approval of a budget adjustment. If you have any questions or need additional information,
please call me at 444-3472 or Connie Edmonston at 444-3473.
Attachments:
Purkiss-Rose Recommendation
Bid Tabulation Sheet
Contract
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City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2002
Department: Urban Development
Division: Parks & Recreation
Program: Parks Development
Date Requested
09/11/2002
Adjustment #
Project or Item Requested:
City Council approved State of Arkansas Department of
Parks & Tourism's Outdoor Recreation Grants application
on July 3, 2001. Additionally, City Council approved Tony
Hawk Foundation grant application on September 3,
2002.
Project or Item Deleted:
None
Justification of this Increase:
To recognize grant revenue received.
Justification of this Decrease:
Increase Expen e (Decrease Revenue)
Account Name Amount Account Number Project Number
Park Improvements 105,000 2250 9250 5806 00 00006 1
Account Name
Decrease Expense (Increase Revenue)
Amount Account Number
State Grants 100,000
Commercial Grants 5.000
2250 0925 4302 00
2250 0925 4305 00
Project Number
Approval Signatures
Admin. Se
1-17-0 1 -
Date Date
-/d uZ
Date
1q-dz
Date
Mayor ' Date
Budget Office Use Only
Type: A B C E
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Blue Copy: Budget & Research / Yellow Copy: Requester
Special Instructions:
Requester:
John Nelson
g
Vendor #: Vendor Name:
1 C -TEC Inc
CITY OF FAYETTEVILLE
Purchase Requisition
(not a purchase alder)
•r
v_D.
Admin. Services Director: Budget Coordinator: Data Processing Mgr:
SHIPPING/HANDLING
Contract #
Skatepark Construction
Description:
1 #02-42 1
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$ 255,168.00
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1 255,168.00
Extended
cost
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1010.1533.00
2250.9250.5806.00
1010.1505.03
Account Number:
'Requester's Employee#:
1003
Ship To Code:
75
FOB Point:
00006.1
00006.1
U 00006.1
ProjecVSubProject
Number:
Extension:
406
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Tax:
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Expected Delivery Date:
Date:
09/12/02
Lt.
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REQUEST FOR VENDOR FILE MAINTENANCE
(CHECK ALL AVAILABLE RESOURCES, VENDOR LIST, ACCESS
SYSTEM PRIOR TO SUBMISSION OF THIS REQUEST)
DATE OF REQUEST: September 12, 2002 REQUESTED BY:
DEPT./DIVISION: U.D. / Parks & Rec. EFFECTIVE DATE:
TELEPHONE EXTENSION: 406
John Nelson
NEW VENDOR: X VENDOR CHANGE: VENDOR RE-ENTRY:
VENDOR #: VENDOR #:
VENDOR NAME: C -TEC Inc
STREET OR P.O. BOX: P 0 Box 363
CITY: York
ATTN:
STATE: NE ZIP CODE: 68467
REMITTANCE ADDRESS IF DIFFERENT FROM ABOVE:
NAME:
ADDRESS:
CITY, ST, ZIP:
PHONE: 402-362-5951
402-3Q,-to4(v2 Fax
FEDERAL ID NUMBER:
OR
SOCIAL SECURITY NUMBER:
47-07R6-514
TVPF (1F (1PnAMI7ATIl1IJ
CORPORATION (100): X
PARTNERSHIP (2001:
INDIVIDUAL (30014
EMPLOYEE (4001•
PENSION (5001.
NON-PROFIT (6001.
PURCHASING OFFICE USE ONLY
NEW VENDOR: ENTERED BY:
VENDOR CHANGES: DATE:
VENDOR RE-ENTRY: G. L. FILE:
W-9 FORM MAILED: INVENTORY FILE:
EF-13-132 FEI 1Q:33 AM CEO •
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Section 00500
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE ANI) CONTRACTOR
THIS AGREEMENT is dated as of the day of in the year 2002 by and between the City
of Fayetteville, Arkansas and .0 TLC, Incorporated (hereinafter called CONTRACTOR).
The City of Fayetteville and CONTRACTOR in consideration of the mutual covenants hereinafter set
forth, agrce as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The work generally consists oi'the construction of an 18,870 sq. ft. skatepark, and all items
indicated in the Drawings and Specifications for the project.
Article 2. ENGINEER/LANDSCAPE ARCHITECT.
The Provoet has been designed by
Purk iss Rose - RSI
801 North Harbor Boulevard
Fullerton; California 92832
Phone Number (714) 871-3638
Fax (714) 871-1188
who is hereinafter called ENGINEER/1.ANDSCAPE ARCHITECT and who is to act as the Ctty of
Fayctteville's reprysentative, assume all duties and responsibilities, and have the rights and authority
assigned to ENG1NEli'R/LANDSCAPE ARCH1l EC1 in the Contract Documents in cormection with
completion of the Work in accordance with the Contract documents.
Article 3: CONTRACT TIME.
3.1. The Work sh2tl be substantially completed within 90 consecutive calendar days alter 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 14.073 & C of the General
Conditions within 14 consecutive calendar days after the date when the Contract Time commences
to run.
City of Faypia1i5.:
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.31. LiquidurvdDamages. The City ofFayettevitle atid CONTRACTOR recognize thattime is of
the essence of the Agreement and that the City of Fayetteville will suffer financial loss if the Work
isnot completed within the times specified in paragraph 3.1 above, plus and extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the delays,
eicperse and difficulties involved in proving the actual loss suffered by the City of Fayetteville if the
Work is not completed on time. Accordingly, instead of requiring any such proof, the City of
!Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay the City ofFayetteville Two hundred dollars ($200.00) 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 tb complete the retaining Work within the time specified in paragraph 3.1 for completion and
readiness for falai payment or any proper extension thereof granted by the City of Fayetteville,
CONTRACTOR shall pay the City of Fayetteville Two hundred dollars ($200.00) for each day
that expires after the time specified in paragraph 3.1 for completion and readiness for final
payment.
Article 4. CONTRACT PRICE.
The City of Fayetteville shalt pay CONTRACTOR for completion of the Work in accordance with
the Contract Documents an amount in current funds equal to the sum of the atnotmts determined
from the Rid Forth 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 .1 riit Price Work, an amount equal to the sum of the established Unit price for each
sepurately identified item of Unit Price Work times the estimated quantity of that item as indicated
m this paragraph 4.2.
As provided -in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and clatzifications are to be made by ENGINEER/ARCHITECT as
provided' in paragraph.9.OR of the General Conditions. Unit prices have been computed as provided in
paragraph 11.03./3 of the General Conditions.
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Article 5. PAYMENT PROCEDURES
FAX:41123626462 • PAGE
CON'T'RACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Condition or as modified in the Supplementary Conditions, Applications for Payment will be processed
by ENOINEEIULANDSCAPE ARCHITECT as provided in the General Conditions.
5.1. Progress Payments. The City of Fayetteville shall make progress payments on account of the
C ontraet Price on the basis of CONTRACTOR's Applications for Payment as recommended by
TLNO1NEER%L:ANDSCPE ARCHITECT, 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 at 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,
City of F ycttcvilk:
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in case. less the aggregate of payments
previously made and less such amounts as ENGINEER/LANDSCAPE ARCHITECT shall
determine, or the City of Fayetteville may withhold. in accordance with paralpaphs
14.02.8.5 & 14.02.D ofthe General Conditions.
90 percent of Work completed (with the balance of 10 percent being retainage), if
Work has been 50 percent completed as determined by the
ENOINEERJLANDSCAPE ARCHITECT, and if thecharacter andprogressofthe
Work have been satisfactory to the City of Fayetteville and
ENGINEER/LANDSCAPE ARCHITECT, the City of Fayetteville, on
recommendation of ENGINEER/LANDSCAPE ARCHITECT, may determine
that as long as the character and progress of the Work retrain satisfactory to them,
there will be no additional retainagc 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 the
City of Fayetteville as provided in paragraphs 14.02.8.5 & 14.02.D ofthc General
Conditions. That is, if any such hems are setup for that type payment in the
Specifications.
5,1.2. Upon Substantial Completion, in an amount sufficient to increase totalpayments to
CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being
• retainage),: less such amounts as ENGINEER/LANDSCAPE ARCHITECT shall
determine, or the City of Fayetteville may withhold, in accordance with paragraphs
14.02.1L5 &. 14.02.1) of the General Conditions.
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5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.07.B & C of the General Conditions, the City of Fayetteville shall pay the remainder
ofthe Contract Price as recommended by ENOINEER/I.ANUSCAPE ARCHITECT as provided
hi said paragraphs 14.07.B & C.
Article 6. CONTRACTOR'S REPRESENTATIONS,
In order to induce the City of Fayetteville to enter into this Agreement CON'I'RACTOR 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. focal, and site conditions that may affect cost, progress, performance, or furnishing ofthe
Work.'
6.3. CONTRACTOR is Familiar with end 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
eonditimts 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 the General Conditions.
CONTRACTOR accepts the determination set forth in paragraph SC -4.02 ofthe 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 kr CONTR2CTOR's purposes. CONTRACTOR acknowledges that the
City of Fayetteville and ENGINEER/LANDSCAPE ARCHITECT do not assume responsibility
for the accuracy or completeness of inforltation 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
•additiomtl supplementary examinations, investigations. cxplorations, 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, teclmiques, 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 kr the performance and furnishing.ofthe Work
at the Contract Price, within the Contract Times. and in accordance with the other terms and
conditions Of the Contract Documents.
City nryuyenevak
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6.5. CONTRACTOR is aware of the general nature of work to be performed by the 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, ittformationand
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
ivith the Contract Documents.
6.7. CONTRACTOR has given ENGINEER/LANDSCAPF. ARCHITECT written notice of all
conflicts, errors. ambiguities, or discrepancies that CONTRACTOR has discovered inthe Contract
Documents and the written resolution thereof by FNCYINE. RJLANT)SCAPE ARCHITECT is
acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and
convey understanding of all tents and conditions for performance and furnishing of the Work.
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Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between the City of Fayetteville and
CONTRACTOR concerning the Work consist of the following:
7.1 Advertisement lir Bids
7.2 Instructions to Bidders
73 Contractors Proposal
7.4 Bid Bond
7.5 Contractors Qualifications
7.6 Notice of Selection
7. This Agreement (pages 1 to 8 inclusive).
7.8 Performance and Payment Bonds. (Exhibits A and B respectively),
7.9 Cerlificates cif Insurance, (Exhibit C).
7,10 Notice u Proceed (00550)
7.11 General Conditions (pages 1 to 42, inclusive).
7.1.2 Supplementary Conditions (pages 1 to 13 inclusive).
7.11 Specifications as listed in the table of c:ontonts.
7.14 Addenda mimbers _ to , inclusive.
'7.15 Six sets of drawings (not attached hereto) consisting of: a cover sheet and additional sheets
numbered 1 through 9 with each sheet bearing the following general title: Fayetteville Skate
Park.
7.16 The following which may be delivered or issued after the Effective Date ofthe Agreement and
are not attached hereto:
7:16.1 All Written Amendments and other documents amending: modifying or supp R * ting
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 non
Chy o'Fayettevillc
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PAX:4323626d62• PACE
There are no Contract Documentsothet than those listed above in this Article 7. The Contract Documents
may ony 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 ofthe General Conditions will have
the meanings indicated in the General Conditions.
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^hui 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.
8.1 'the City of Fayetteville and CONTRACTOR each binds itself, it partners, successors, assigns.
and legal representatives to the other party hereto, Sts partners, successors, assigns, and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
Documents.
8:4. Any provision or partofthe 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 intemion of the stricken provision.
City Of Nayarnilie
06/17/02
Agreement Page .7
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IN WITNESS WHEREOF. tayofFayetteville and C.ONEW. rvs. l-slgicutwo - in quadruplicate. One counterpart each has been delivered
been city cifered to FONfRACTOR
ayetteville and
ENCINEER/l,ANfSCAPE ARCHITECT, and two counterparts d
All portions of the Contract Documents have been signed, initialed, or identified by the City of Fayetteville
and CONTRACTOR or identified by ENGINEER/LANDSCAPE ARCHITECT on their behalf.
2002 (which is the Effective Date of
finis Agreement will be effective on
the Agreement).
OWNER: City of Fayetteville
By: . .. —
Mayor
[CORPORATE SEAL]
Attest
Address for giving notices
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
City oflitlyenevilk
CONTRA( TOR:
Prestdent
Title
[CORPORATE SEAL]
s Attest
• If a Corporation, attest by the Secretary.
Addrss for giving notices
C TEC, Incorporated
P.O. Bo 363
123 East 10th Street
York, NE 68467
License No. 0064580493
Agent for service of process:
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
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Agreement Pagt 4
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City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2002
Department: Urban Development
Division: Parks & Recreation
Program: Parks Development
Date Requested
09/11/2002
Adjustment #
Project or Item Requested:
City Council approved State of Arkansas Department of
Parks & Tourism's Outdoor Recreation Grants application
on July 3, 2001. Additionally, City Council approved Tony
Hawk Foundation grant application on September 3,
2002.
Project or Item Deleted:
None
Justification of this Increase:
To recognize grant revenue received.
Justification of this Decrease:
Increase Expense (Decrease Revenue)
Account Name Amount Account Number Project Number
Park Improvements
105,000 2250 9250 5806 00 00006 1
Decrease Expense (Increase Revenue)
Account Name Amount Account Number Project Number
State Grants 100 000 2250 0925 4302 00
Commercial Grants 5 000 2250 0925 4305 00
ro
Appval Signatures
II nn nn,, ..
Requested By Date
Budget Manager Date
Department Director Date
Admin. Services Director Date
Mayor
Date -
Budget Office Use Only
Type: A B C D E
Date of Approval _
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Blue Copy: Budget & Research / Yellow Copy: Requester
• •
Section 00500
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR
THIS AGREEMENT is dated as of the day of (%(/ in the year 2002 by and between the City
of Fayetteville, Arkansas and C TEC, Incorporated (hereinafter called CONTRACTOR).
The 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 construction of an 18,870 sq. ft. skatepark, and all items
indicated in the Drawings and Specifications for the project.
Article 2. ENGINEER/LANDSCAPE ARCHITECT.
The Project has been designed by
Purkiss Rose - RSI
801 North Harbor Boulevard
Fullerton, California 92832
Phone Number (714) 871-3638
Fax(714)871-1188
who is hereinafter called ENGINEER/LANDSCAPE ARCHITECT and who is to act as the City of
Fayetteville's representative, assume all duties and responsibilities, and have the rights and authority
assigned to ENGINEER/LANDSCAPE ARCHITECT 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 shall be substantially completed within 90 consecutive calendar days after 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 14 consecutive calendar days after the date when the Contract Time continences
to run.
City of Fayetteville
06/17/02 Agreement Page -1
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3.2. Liquidated Damages. The City of Fayetteville and CONTRACTOR recognize that time is of
the essence of the Agreement and that the City of Fayetteville will suffer financial loss if the Work.
is not completed within the times specified in paragraph 3.1 above, plus and eattensio
allowed in accordance with Article 12 of the General Conditions. They also recognize the delays,
expense and difficulties involved in proving the actual loss suffered by the City of Fayetteville if the
Work is not completed on time. Accordingly, instead of requiring any such proof, the City of
Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay the City of Fayetteville Two hundred dollars ($200.00) 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 the City of Fayetteville,
CONTRACTOR shall pay the City of Fayetteville Two hundred dollars ($200.00) for each day
that expires after the time specified in paragraph 3.1 for completion and readiness for final
payment.
Article 4. CONTRACT PRICE.
The 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 Bid Form 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.
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 ENGINEER/ARCHITECT 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.
City of Fayetteville
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• •
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 ENGINEER/LANDSCAPE ARCHITECT as provided in the General Conditions.
5.1. Progress Payments. The City of Fayetteville shall make progress payments on account ofthe
Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER/LANDSCPE ARCHITECT, 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 ofthe 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.
City of Fayetteville
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in case, less the aggregate of payments
previously made and less such amounts as ENGINEER/LANDSCAPE ARCHITECT shall
determine, or the City of Fayetteville may withhold, in accordance with paragraphs
14.02.B.5 & 14.02.D of the General Conditions.
90 percent of Work completed (with the balance of 10 percent being retainage), If
Work has been 50 percent completed as determined by the
ENGINEER/LANDSCAPE ARCHITECT, and ifthe character and progress ofthe
Work have been satisfactory to the City of Fayetteville and
ENGINEER/LANDSCAPE ARCHITECT, the City of Fayetteville, on
recommendation of ENGINEER/LANDSCAPE ARCHITECT, 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 the
City of Fayetteville as provided in paragraphs 14.02.B.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 ENGINEER/LANDSCAPE ARCHITECT shall
determine, or the City of Fayetteville may withhold, in accordance with paragraphs
14.02.B.5 & 14.02.D of the General Conditions.
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