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HomeMy WebLinkAbout118-03 RESOLUTION• 0 RESOLUTION NO. 118-03 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO SWEEI'SER CONSTRUCTION IN THE AMOUNT OF FOUR HUNDRED TWENTY-SIX THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS AND THREE CENTS ($426,936.03) TO BUILD THE WEST MUD CREEK MULTI -USE TRAIL; AND APPROVING A FIFTEEN PERCENT (15%) PROJECT CONTINGENCY OF SIXTY-FOUR THOUSAND FORTY DOLLARS ($64,040.00). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards a construction contract to Sweetser Construction in the amount of Four Hundred Twenty -Six Thousand Nine Hundred Thirty -Six Dollars and Three Cents (5426,936.03) to build the West Mud Creek Multi -Use Trail. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Fifteen Percent (15%) project contingency of Sixty -Four Thousand Forty Dollars ($64,040.00). PASSED and APPROVED this 12th day of August, 2003. By:L YQu Q .J C MNt SONDRA SMITH, City Clerk APPROVED: By DAN COODY, Mayor • • NOTICE OF SELEC ION • TO: Sweetscr Construction 590 West Poplar Fayetteville, Arkansas 72703 PROJECT DESCRIPTION: West Mud Creek Trail Construction The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated August 6'h, 2003 and Instructions to Bidders. You are hereby notified that your BID has been accepted in the amount of: 5426,936.03 You arc required by thc Instructions to Bidders to execute thc Contract and furnish six (6) original CONTRACTOR'S Performance BOND, Payment BOND, and Certificates Of Insurance within twelve (12) calendar days from the date of this Notice to you. If you fail to execute said Contract and to furnish said BONDS within twelve (12) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF SELECTION to the OWNER. Dated this 11 day of August , 2003. CITYOFFAYETTEVILLE By „XTP Title:tlParksjtLandscape Architect/ Trails and Greenway Coordinator ACCEPTANCE OF NOT/CE Receipt of the above NOTICE OF SELECTION is hereby acknowledged by JERRY D. SWEETSER, INt this the day of Amid vs , 2003 By Title WILLIAM G. SWEETSER PRESIDENT City of Fayetteville Page 00350 - 3 7/14/2003 Section 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND SWEETSER CONSTRUCTION THIS AGREEMENT is dated as of the day ofin the year 2003 by and between the City of Fayetteville, Arkansas (hereinafter called CITY O FAYETTEVILLE) and (herein after called SWEETSER CONSTRUCTION). CITY OF FAYETTEVILLE and SWEETSER CONSTRUCTION, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. SWEETSER CONSTRUCTION shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of the construction of approx. 5,185 L.F of 12' wide asphalt multi -use trail with base, associated earthwork and demolition for Western Mud Creek Trail Construction; and all items indicated in the Drawings and Specifications for both projects. Article 2. ENGINEER. The Project has been designed by City of Fayetteville Parks and Recreation Division 1445 South Happy Hollow Road Fayetteville, Arkansas 72701 who is hereinafter called PARKS AND RECREATION DIVISION PROJECT MANAGER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documcnts in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work for the Project shall be substantially completed within 120 consecutive calendar days after the date when 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 150 consecutive calendar days after the date when the Contract Time commences to run. City of Fayetteville Page 00500-1 8/11/2003 . • 3.2. Liquidated Damages. CITY OF FAYETTEVILLE and SWEETSER CONSTRUCTION recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer financial loss if the Work is not 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, expense and difficulties involved in proving the actual loss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and SWEETSER CONSTRUCTION agree that as liquidated damages for delay (but not as a penalty) SWEETSER CONSTRUCTION shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires afler the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if SWEETSER CONSTRUCTION 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 CITY OF FAYETTEVILLE, SWEETSER CONSTRUCTION shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.001 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay SWEETSER CONSTRUCTION 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 following Schedule of Values 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. PAYMENT ITEMS Item No. Item Description Unit Estimated Quantity unit Price Extended Price 1 Mobilization LS 1 9,000.00 9,000.00 2 Staking LS 1 18,700.00 18,70.00 3 Clearing and Grubbing LS 1 5,950.00 5,950.00 4 Maintenance of Traffic LS 1 9,700.00 9,700.00 5 Tree Protection Fencing LF 500 5.00 2,500.00 6 R & D Existing Culverts LF 120 10.00 1,200.00 7 R & D Concrete Swale LS 1 1,500.00 1,500.00 8 Excavation Safety LS 1 1,500.00 1,500.00 9 Common Excavation CY 1976 8.00 15,808.00 10 Undercut and Backfill CY 500 16.00 8,000.00 11 Temporary Bale Barriers LF 200 5.00 1,000.00 12 Temporary Silt Fcncc LF 4935 4.00 19,740.00 13 Seed and Mulch AC 1 4,000.00 4,000.00 City of Fayetteville Page 00500-2 8/11/2003 • Item Estimated No. Item Description Unit Quantity Unit Price Extended Price 14 Imported Top Soil CY 200 24.00 4,800.00 15 Grassed Swale LS 1 2,500.00 2,500.00 16 Concrete Swale (10' Wide, 2' Deep) LF 20 75.00 1,500.00 17 Aggregate Base (Class 7) CY 1485 28.00 41,580.00 18 Primc Coat GAL 925.3 0.25 231.33 19 Concrete Trail SY 251.9 32.00 36,265.00 20 Asphalt Concrete Type "3" TON 593.8 42.00 24,939.60 21 Concrctc Trail Ramp EA 5 1,500.00 7,500.00 22 14" X 23" Elliptical Concrete Pipe LF 54 66.00 3,564.00 23 29" X 45" Elliptical Concrete Pipe LF 60 148.75 8,925.00 24 18" Reinforced Concrete Pipe LF 140 40.00 5,600.00 25 24" Corrugated Metal Pipe LF 182 41.50 7,553.00 26 24" Reinforced Concrete Pipe LF 254 59.50 15,113.00 27 30" Reinforced Concrete Pipe LF 40 90.00 3,600.00 28 42" Corrugated Metal Pipe LF 8 97.00 776.00 29 48" Reinforced Concrete Pipe LF 30 225.00 6,750.00 30 18" Concrctc Flared End Section EA 2 1,000.00 2,000.00 31 14" X 23" Concrete Flared End Section EA 3 1,050.00 3,150.00 32 24" Concrctc Flared End Section EA 16 1,150.00 18,400.00 33 30" Concrete Flared End Section EA 2 1,300.00 2,600.00 34 48" Concrete Flared End Section EA 2 2,950.00 5,900.00 35 29" X 45" Concrctc Flared End Section EA 2 1,950.00 3,900.00 36 10' X 3' Box Culvert LF 25 805.00 20,125.00 37 12' X 3' Box Culvert LF 36 850.00 30,600.00 38 4' X 4' Junction Box EA 1 1,800.00 1,800.00 39 4' X 4' Box w/ Area Inlet (12" X 4'-0") EA 1 2,500.00 2,500.00 40 4' X 6' Box w/ Area Inlet (6" X 6'-0") EA 1 2,100.00 2,100.00 41 12' X 5' Box w/ Arca Inlet (9" X 10'-0") EA 1 7,000.00 7,000.00 42 Geocoir/DeKowe 700 Erosion Control Fabric SY 430 2.50 1,075.00 43 Miramat TM8 Erosion Control Fabric SY 350 5.00 1,750.00 44 Rip -Rap (Maximum 18") TON 200 55.00 11,000.00 45 Fence Style CLF (4' High NOBAR) LF 591 12.00 7,092.00 46 AHTD Type (D) Fence LF 85 10.00 850.00 47 Bench on Concrete Pad EA 8 1,750.00 14,000.00 48 Cedar Sign Post Installed LF 170 12.60 3,276.00 49 Non -Removable Bollard EA 10 300.00 3,000.00 50 Removable Bollard EA 5 500.00 2,500.00 51 Sheet Aluminum Signs SF 93.7 18.50 2,715.80 52 2 V2" Square Tube Posts LF 192 13.65 2,156.70 53 Traffic Stripe (Paint) (4' Wide) LF 5500 0.30 1,650.00 54 Compacted (Borrow)) Embankment -Select Hillside Material CY 600 In -Place 10.00 6,000.00 Total Base Bid Amount 426,936.03 City of Fayetteville Page 00500-3 8/11/2003 • • As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications arc to be made by PARKS AND RECREATION DIVISION PROJECT MANAGER 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. Article 5. PAYMENT PROCEDURES SWEETSER CONSTRUCTION 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 PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in the General Conditions. 5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of SWEETSER CONSTRUCTION'S Applications for Payment as recommended by PARKS AND RECREATION DIVISION PROJECT MANAGER, 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 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. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, hut, in cast, less the aggregate of payments previously made and Tess such amounts as PARKS AND RECREATION DIVISION PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.8.5 & 14.02.D of the General Conditions. City of Fayetteville 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the PARKS AND RECREATION DIVISION PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DIVISION PROJECT MANAGER, 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 CITY OF FAYETTEVILLE as provided in paragraphs 14.02.B.5 & I4.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. Page 00500-4 8/11/2003 . • 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to SWEETSER CONSTRUCTION to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as PARKS AND RECREATION DIVISION PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.B & C of the General Conditions, CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in said paragraphs 14.07.B & C. Article 6. SWEETSER CONSTRUCTION'S REPRESENTATIONS. In order to induce CITY OF FAYETTEVILLE to enter into this Agreement SWEETSER CONSTRUCTION makes the following representations: 6.1. SWEETSER CONSTRUCTION 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. SWEETSER CONSTRUCTION has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. SWEETSER CONSTRUCTION is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. SWEETSER CONSTRUCTION has carefully studied all reports of explorations and tests of subsurface conditions 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. SWEETSER CONSTRUCTION accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which SWEETSER CONSTRUCTION is entitled to rely as provided in paragraph 4.02 of the General Conditions. SWEETSER CONSTRUCTION acknowledges that such reports and drawings are not Contract Documents and may not be complete for SWEETSER CONSTRUCTION's purposes. SWEETSER CONSTRUCTION acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. SWEETSER CONSTRUCTION has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous City of Fayetteville Page 00500-5 8/11/2003 • • 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, techniques, sequences, and procedures of construction to the employed by SWEETSER CONSTRUCTION and safety precautions and programs incident thereto. SWEETSER CONSTRUCTION does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. SWEETSER CONSTRUCTION is aware of the general nature of work to be performed by CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. SWEETSER CONSTRUCTION has correlated the information known to SWEETSER CONSTRUCTION, information and 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 with the Contract Documents. 6.7. SWEETSER CONSTRUCTION has given PARKS AND RECREATION DIVISION PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that SWEETSER CONSTRUCTION has discovered in the Contract Documents and the written resolution thereof by PARKS AND RECREATION DIVISION PROJECT MANAGER is acceptable to SWEETSER CONSTRUCTION and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE and SWEETSER CONSTRUCTION conccming the Work consist of the following: 7.1. This Agreement (pages 1 to 7, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by SWEETSER CONSTRUCTION prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.7. FHWA-1273 Special Provisions 7.8. Disadvantaged Business Enterprise in Highway Construction (SS 100-3) City of Fayetteville Page 00500-6 8/11/2003 • • 7.9. Specifications consisting of Divisions 1 through 16 as listed in table of contents thereof. 7.10. Addenda numbers 1 through 2 , inclusive. 7.11. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through thirty-four with each sheet bearing the following general title: Western Mud Creek Trail. 7.12. The following which may be delivered or issued ager the Effective Date of the Agreement . and are not attached hereto: 7.12.1. Notice to Proceed 7.12.2. All Written Amendments and other documents amending, modifying or supplementing 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 noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only 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 of the 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 he binding on another party hereto without the written consent of thc party sought to he hound; and, specifically but without limitation, moneys that may become due and moneys that are duc 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 thc assignor from any duty or responsibility under the Contract Documents. 8.3. CITY OF FAYETTEVILLE and SWEETSER CONSTRUCTION each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the 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 intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be City of Fayetteville Page 00500-7 8/11/2003 • • • • allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. • 8.6. Freedom of Information Act. City contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Sweetser Construction will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. City of Fayetteville Page 00500-8 8/11/2003 • • • • • IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and SWEETSER CONSTRUCTION have signed this Agreement in quadruplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT MANAGER, and two counterparts have been delivered to SWEETSER CONSTRUCTION. All portions of the Contract Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and SWEETSER CONSTRUCTION or identified by PARKS AND RECREATION DIVISION PROJECT MANAGER on their behalf. This Agreement will be effective on the Agreement). CITY OF FAYETTEVILLE: City of Fayetteville CONSTRUC ON: By Mayor w ' EAYErl AL] Attest Address for giving notices By: , 2003 (which is the Effective Date of SWEE WILLIAM G. SWEETSER Title PRESIDENT [CORPORATE SEAL] hake * Attest 34 atSf\ • If a Corporation, ancst he Secretary. Address for giving notices •590 WEST POPLAR FAYETTEVILLE, AR 72703 ARKANSAS CONTRACTOR LICENSE • 0027470304 (If CITY OF FAYETTEVILLE is a public body, attach License No. evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) City of Fayetteville Agent for service of process: (If SWEETSER CONSTRUCTION is a corporation, attach evidence of authority to sign) Page 00500-9 8/11/2003 • to • CORPORATE RESOLUTION 'OF BOARD OF DIRECTORS OF JERRY D. SWEETSER, INC. I, Sharon Sweetswer, certify that I am the secretary and treasurer of Jerry D. Sweetser, Inc., a corporation legally organized and existing under and by virtue of the laws of the State of Arkansas, and that I am the custodian of the records and the seal of the corporation; that at a meeting of the board of directors of the corporation duly and legally called and held in accordance with the law and the bylaws of the corporation on the 5111 day of May 1999, at which meeting a quorum of the board of directors of the corporation was present, the following resolutions were duly adopted by the board of directors of the corporation and arc set forth in the minutes of the meeting, namely: "BE IT RESOLVED, by the board of directors of this corporation that: That Jerry D. Sweetser as CEO of the Corporation, William G. Sweetser as President of the Corporation and Sharon Sweetser as Secretary and Treasurer of the Corporation, arc authorized to sign any and all contracts, deeds, assurances or any document which may be proper to effectuate the ncgotations or transactions of the corporation. That Jerry D. Swcetser as CEO of the Corportion, William G. Sweetser as President of the Corporation and Sharon Sweetser as Secretary and Treasurer of the Corporation, any one or jointly are authorized to sign any and all contracts, deeds, assurances or any document which may be proper to effectuate the ncgotations or transactions of the corporation from time to time on behalf of this corporation. The above resolution will continue in force until express written notice of its rescission or modification has been received. I further certify that the above resolutions have not been in any way altered, amended or rescinded; they are not in contravention of or in conflict with any of the conditions or provisions of the bylaws or charter of the corporation; and they are now in fulI force and effect. I further certify that the names of all presently qualified and acting officers of the corporation are as follows, and that the genuine signatures of those presently authorized to sign for the corporation pursuant to the above resolutions appear below, identified by their signature. Page 1 of 2 Pages • Ty D. S\ cts r C.E.O William wcctser, President • Sharon Swectscr, cera. ry/Trcasurct IN WITNESS WHEREOF, 1 have hereunto set my hand as Secretary of said corporation and have affixed hereto the official scal of the corporation this 5* day of e2 , 1999. Page 2 of 2 Pages etary —�T AGENDA REQUEST ( aii //.Je- CONTRACT REVIEW ��GG�� GRANT REVIEW STAF VIEW FORMICRIOFII N y�z foi/ coAI Scoter 4otheloolnisi G,Rk (o, �v/ /13--o3 For the Fayetteville City Council Meeting of: NA FROM: Steve Hatfield Name Parks & Recreation Operations Division Department ACTION REQUIRED: Approve Change Order #1 (see attached) to Jerry D. Sweetser Construction, Inc. for the construction of the West Mud Creek Multi -use trail The item number on the detail for the park bench was incorrect. The number corresponded to a bench without a back. The additional cost per bench is to purchase and install eight benches with back rest. This is the first change order on this project and the project Contengency is $64,040. COST TO CITY: $1,000.00 $ 630,322.00 West Mud Creek Trail Cost of this request 2250.9255.5814.00 Category/Project Budget Program Category / Project Name $ 345,243.51 Parks Development Capital Account Number Funds Used to Date Program / Project Category Name 03028 $ 285,078.49 Parks Development Project Number Remaining Balance Fund Name BUDGET REVIEW: 2V- dyet Manager Date Budgeted Item Budget Adjustment Attached VA CONTRACT/GRANT/7 ONTRACT/GRANT/ SE REVIEW:aalkLE) nccennt i..g Manger City Attorney q/7/o sr Date Date Internal Auditor Purchasing Manager Date Date ST FF RECO' :: i:ATION: Zia/.. , / Aznii IL �ii�ii._4�L' vision Department Director Th Finance & ServicesInterna� Chief iiflministrative Officer Dir. Mayo i_ LegjiLg //I/pat:0( ate 4-1s, Date 9-/h Date Received in Mayor's Office Cross Reference: Previous Ord/Resf: Orig. Contract Date: Orig. Contract Number: New Item: Yee 1/atpit i oe staff Review Form - Page 2 • Description Meeting Date NA Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator Reference Comments: CHANGE ORDER NO. l Cost Plus Pre -Agreed Unit Price _X Project Name and Number: West Mud Creek Trail Construction Name of Contractor: Jerry D. Sweetser Constniction, Inc Address of Contractor: 590 West Poplar, Fayetteville, AR 72703 Date of Contract: August 12, 2003 Original Amount of Contract: Total Amount of All Previous Change Orders: s $ $426,936.03 FAYEPPt:\'I I..LE ,AAAA • R.C•F.71oM $0.00 Subject and Reason For This Change order: The item number on the detail for the park bench was incorrect. The number corresponded to a bench without a back. The additional cost per bench is to purchase and install eight benches with back rest. Additional Time Requested: 0 Calendar Days Total Cost of All Materials, Labor and profit $ 1,000.00 (Attach Itemization With Unit and Total Costs) Item Number Description Unit Quantity Additional _Unit cost Total Cost 47 Bench on Concrete Pad EA. 8 $125.00 $1,000.00 Total Amount of This Change Order: Dated this 4th_ day of April, 2004 CITY OF FAYETTEVILLE Parks & Recreation Division BY: • St Parks Landscapc Architect CITY OF F YETTEVIL By: ATTEST: `‘V10F; j Y O oG =tip • G\ F . c zu • • '� : E ;FAYETfEVILLE• ysLr9RKANSt. \ge $ $1,000.00 Jc D. Sw Contractor By: Title: RESIDENT n ITI:s•IF 1 n4-4 Page 1 of 1 FAYETTEVI LLE THE CITY OF FAYETTEVIIIE. ARKANSAS • DEPARTMENTAL CORRESPONDENCE To: Steve Hatfield Parks & Recreation From: Clarice Buffalohead-Pearman City Clerk Division Date: April 30, 2004 Re: Sweetser Construction Attached is an executed copy of the above agreement for Change Order No. 1 on the construction of the multi -use trail at Walker Park. This agreement will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachment(s) cc Nancy Smith, Internal Auditor • • AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW STAFFIOVIEWORM Che/nye Order'. MICRO - FINANCIAL OBLIGATI°. For the Fayetteville City Council Meeting of: NA MED eZ '/ c-�� C'T r�e2 £�lser &ns» -ate on/ edit -2-7411a Gk FROM: Steve Hatfield Name Parks & Recreation Operations Division Department ACTION REQUIRED: Approve Change Order #2 (see attached) to Jerry D. Sweetser Construction, Inc. in the amount of $18,930 for the construction of the West Mud Creek Multi -use trail. This project has a remaining project Contengency of $63,040. COST TO CITY: $18,930.00 $ 630,322.00 West Mud Creek Trail Cost of this request Category/Project Budget Program Category / Project Name 2250.9255.5814.00 5 346,243.51 Parks Development Capital Account Number Funds Used to Date Program / Project Category Name 03028 $ 284,078.49 Parks Development Project Number Remaining Balance Fund Name BUDGET REVIEW: 4,0:7 Budgeted Item Budget Adjustment Attached Budget Budget Manager Date CONTRACT/GRANT/LEASE REVIEW: icJ, Aco ting Man.•er Attorney cigvioy atkiLL., SA( to it Date Inte{nal Auditor Date 5714/04 Date Purchasing Manager Date TAFF RECOION: 1// /d 'ivision Head Date Department Director Date & Internal Services Dir. Received in Mayor's Office Cross Reference: Previous Ord/Res#: ll S-03 Date .Orig. Contract Date. Mayor Daye /24(i Date Orig. Contract Number: New Item: Date 84)-103 Sao Yes No • J Description Comments: Budget Manager I OMIT/;taff Review Form - Page 2 /II ( I{( QCGrpr - (eA4er Pro , /e Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator Meeting Date NA Reference Comments: FAYETTEVILE THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division DEPARTMENTAL CORRESPONDENCE 1 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 To: Steve Hatfield Parks & Recreation From: Clarice Buffalohead-Pearman City Clerk Division Date: June 3, 2004 Re: Sweetser Construction Change Order Attached is a copy of the Change Order No. 2 to the Sweetser Construction for the Mud Creek multi -use trail project. If anything else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor C • • RECER\T7 SEP . : ENGINEERI,..� CHANGE ORDER NO. 2, _- Cost Plus Pre -Agreed Unit Price _X Project Name and Number: West Mud Creek Trail Construction b OS 03 Ig GcycfieIk. W.r{.•. µii creek Trc:/ Name of Contractor: Jerry D. Sweetser Construction, Inc (A TEP- 55) (Si Address of Contractor: 590 West Poplar. Fayetteville, AR 72703 F P. p STP f_ - F_NN/✓14/l /J Date of Contract: August 12 2003 Original Amount of Contract: 26 936.03 _ Total Amount of All Previous Change Orders: $ $1,000.00 __ Subject and Reason For This Change Order: Several areas alone the trail have unstable sub -grade. In order to stabilize the sub -grade additional types of material will need to be incorporated to span, or bridge theses areas. Additional Time Requested: 0 Calendar Days Total Cost of All Materials, Labor and profit $ 18,930.00_ (Attach Itemization With Unit and Total Costs) Item Number Description Unit Quantity Unit cost Total Cost 44 Rip -Rap Ton 50 $55.00 $2,750.00x 54 Select Borrow Hillside material C.Y. 400 $10.00 54,000.00 New 55 Undercut C.Y. 500 $6.00 53,000.00 New 56 B -Stone in Place Ton 510 518.00 $9,180.00 Total Amount of This Change Order: Dated this 18th day of May, 2004 CITY OF FAYETTEVILLE Parks & Recreation Division By: Parks Lan scape Arch ect Approved: ^fr,7A an s State highway & Transportation Department $ $18,930.00_ Jerry D. Sweetser Construction Inc Contractor By:(I Title: i ' ATTEST: n n fk . .tn, ;V. •?1: FAYETTEVILLE; TON•G I oil Date: • City of FayettevilleI C40 IrLMED Staff Review Form / Steve Hatfield rQ.&' Submitted By City Council Agenda Items Contracts MA City Council Meeting Date Parks & Recreation Division Aer `v'ar' a& n/ CO/Mid &We ,1/ ,/ //-o3 Operations Operations Department Action Required: Change Order #3 (see attached) to Jerry D. Sweetser Construction, Inc. in the amount on of the West Mud Creek Multi -use trail. project has a remaining project Contengency of $3,744.57 $ 59,295.43 $ Cost of this request Account Number Project Number Budgeted Item $ 621,924.00 $ Category/Project Budget $ 397,350.41 $ Funds Used to Date $ 224,573.59 $ Remaining Balance Budget Adjustment Attached 12-u1- u/ City Attorney Date West Mud Creek Trail the Program Category / Project Name Parks Development Capital Program / Project Category Name Parks Development Fund Name Previous Ordinance or Resolution # (ii / -O3 Original Contract Date: Original Contract Number: Received in City Clerk's Office fir` . S. . • CHANCE ORDER NO. _3 Cost Plus Pre -Agreed Unit Price _X Project Name and Number: West Mud Creek Trail Construction Name of Contractor: Jerry D. Sweetser Construction, Inc Address of Contractor: 590 West Poplar, Fayetteville, AR 72703 Date of Contract: August 12 2003 Original Amount of Contract: $426,936.03 Total Amount of All Previous Change Orders: $19,930.00 Subject and Reason For This Change Order: Final pay request reconciliation Actual quantities have been submitted for final payment. Additional Time Requested: 0 Calendar Days Total Cost of All Materials, Labor and profit $ 59295.43_ (Attach Itemization With Unit and 'total Costs) Total Amount of This Change Order: S $59,295.43 Dated this _Ith day of _December 2> O04 ITEM DESCRIPTION• UNITS QUAN QUAN UNITS TotelCost TotalCost Aclual Estimate Estimate Actual 5 TREE PROTECTION FENCING (18) LF 000 500.00 5.00 2.50000 000 10 I UNDERCUTAND BACKFILL (10) CV. 1115.00 5000 16.00 800000 17.84000 11 TEMPORARY BALE BARRIERS (10) L.F. 75.99 2000 500 1000.00 19]40.00 379.95 12 TEMPORARY SILT FENCE L F 5725.00 49350 400 22.90000 td IMPORTED TOP SOIL (10) CV 000 20000 2400 4,800.00 0.00 15 GRASSED SWALE LS 000 100 2.50000 2.500.00 0.00 16 CONCRETE SWALE (10 WIDE. 2 DEEP) LF 000 2000 7500 1,50000 000 17 AGGREGATE BASE (CLASS 7) CV. 2248.14 14850 2800 41.580 00 62.947.92 19 CONCRETE TRAIL SY 1101.33 113331 3200 36265.60 35.24256 20 ASPHALT CONCRETE TYPE -3" (14) TON 74160 59381 42.00 2193960 31.147.20 22 14-x23"ELLIPTICAL CONCRETE PIPE (17) LF 8400 54 ol 6600 3.56400 5.544.00 23 29 -x45 -ELLIPTICAL CONCRETE PIPE (17) LF 56.00 6001 14875 8.92500 8330.00 24 18- Rein forced Concrete Pipe (17) LF 16000 1400 4000 5.600001 6.40000 25 24- Corrugated Metal Pipe (17) LF 18500 1820 4150 7.553 001 7.67750 26 2d- Reinforced Concrete Pipe (17) LF 32800 2540 5950 22500 1 000 00 15.11300 19.51600 6.750 001 i.20000 2.000 001 3.00000 29 48" Reinforced Concrete Pipe LF 3200 300 30 18 - inch Concrete Fared End Section EA I 300 20 31 I14 - inch x 23 -inch Concrete Flared End Section EA 1 4 00 30 1.05000 3.150 00' 4200.00 32 24 - inch Concrete Fared End Section EA 1 15.00 160 1.150 00. 18400 001 17.250 00. 34 37 ,48 -inch Concrete Fared End Section ) EA 1 00 I LF • 36.50 20 2.950 00 5 900 00 2.950 00: 112% 3'BOX CULVERTW/WINGWALLS B CONC APRONS 360 850.001 3060000 31.02500 38 !4 Ft. x 4 Ft. Junction Box I EA 1 00 10 1.800 001 1 800 00 1.80000 39 4 Ft x4 Ft Boxw/Area Inlet(12-inchx4Ft) EA I'00 100 10 2.500001 2.50000 2.50000 40 4Ft x6 Ft Boxw/Area Inlet(6- nchx6 Ft) EA I1.00 1.00 10 2.10000 700000 2.10000 700000 2.10000 700000 41 12Ftx5Ft.Boxw/AreaInlel(9-Inchx10Ft) EA I 1.00 10 4300 42 GEOCOIR/DeKOWE 700 EROSION CONTROL FABRIC SY 000 2.50 1075001 000, 43 MIRAMATTM8 EROSION CONTROL FABRIC SY 1 37061 3500 500 1.750001 185305 44 RIP-RAP(MAXIMUM 18") TON I4 343.19 2000 5500 11,000.00 18875451 45 FENCE STYLE CLF (4' HIGH NOBAR) (8) I L.F. 550.00 591.0 1200 7.092.00 6.600.00 46 AHTD TYPE (0) FENCE (10) L.F. 0.00 85.0 1000 850.00 0.00 48 CEDAR SIGNPOST INSTALLED (13) L.F. 33000 2600 1260 3.27600 4.15800 51 SHEET ALUMINUM SIGNS (16) S.F. 13900 146.8 1850 2.715.80 2571.50 52 212 -SQUARE TUBE POSTS (13) L.F. 84.00 1580 1365 2.15670 165000 1,14660 65620 53 TRAFFIC STRIPE(PAINT)(4-WIDE) (7) L.F. 2187.33 55000 ---030 54 (Compacted Embankment Select Hillside Material Borrow n -Place CV 2783 02 _ 600 0 10.00 6.00000 27 830.20 59466 00 600 000 3567.96 . 847.94 00• 18.00 0.00 15 262.92 - SUBTOTAL 301,345.70 360641.13 55 56 UNDERCUT B Stone _ (e) Denotes construction notes on sheet 4 - TOTAL Change Order• J f89,295.4J CHANGE ORDER NO. 3_ CITY OF FAYETTEVILLE Parks & Recreatioqtsio By: Parks Lanhite C 1:7 A Jerry D. Contractor By: 4/ 'Title:_ ATTEST: Taee11� '' Y 13y estk ountain ARKANSAS 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_clerk@ci.fayettoville.ar.us DEPARTMENTAL CORRESPONDENCE To: Steve Hatfield Parks & Recreation From: Clarice Buffalohead-PearmanM City Clerk Division Date: December 1, 2004 Re: Sweetser Change Order I have attached a copy of Change Order No. 3 for Sweetser Construction on the West Mud Creek Mufti -Use Trail. The change order will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Thanks. /cbp attachments cc: Internal Auditor a NAME OF FILE: Resolution No. 118-03 w/Notice of Selection & Agreement CROSS REFERENCE: Item # Date Document 1 08/07/03 Staff Review Form w/attachments memo to Mayor/City Council copy of proposed agreement draft resolution copy of bid tabulation copy of purchase requisition 2 08/14/03 memo to Steve Hatfield 'rail i_C •• STAFF REVIEW FORM - FINANCIAL OBLIGATION X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: Special August 12, 2003 FROM: Steve Hatfield Parks & Recreation Operations Name Division Department Action Required: Approval of contract to construct West Mud Creek Multi -Use Trail with Sweetser Construction in the amount of $426,936.03 with a 15% project contingency of $64,040.00 for a total project cost of $490,976.03 COST TO CITY: $426,936.03 Cost of this request 2250-925514.00 ) Account Number $ 710,318 .:. West Mud Creek Trail Category/Project Budget S 0 Funds Used to Date Program Category / Project Name Park Improvements Program / Project Category Name 03028-1 $ 710,318 = 'Park^ -Development Project Number Remaining Balance Fund Name BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Manager Date CONTRAC�T/,G/RAANT/LEEAA�SB �/R1E/V�I,EW: Accounting ing Manager l/ - - - - ate cy x1t QUO City At orney co N: Approval of contract ac -63 Head Date t Director Date 8�7�3 Internal Services Dir. Date " I IJ:.(..lJ Internal Aud for Date D 8'-7o3 Purchasing Manager Date Received in Mayor's Office Cross Reference: Previous Ord/Resif: Orig. Contract Date: Date Orig. Contract Number: Chief ministrative Officer Date QQ / i New Item: Yes No UQ Mayor Date y�o3 M a Staff Review Form - Page 2 Description i ) -i- ad veep ) (G( I Meeting Date Special August 12, Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator Reference Comments: MEMORANDUM Date: 8/7/03 To: Mayor Dan Coody and City Council Members Thru Gary Dumas, Director of Operations Connie Edmonston, Parks and Recreation Director (942 From: Steve Hatfield, Park Landscape Architect, Trails & Greenways Coordinator Reference: West Mud Creek Multi -use Trail Subject: Contract Award Background: West Mud Creek Trail is a proposed multi -use trail that follows Mud creek from Front Street to Steele Blvd. This project was originally designed by Milholland Engineering and sent out to bid in October of 2002. There were four bids with the low bid in the amount $1,153,681.00. It was determined at that time to not award the contract and redesign the project in- house. With assistance from Engineering for drainage design, we looked at all design issues and implemented many cost reducing changes as well as improvements to the trail experience.. In 2002, the Parks and Recreation Division applied and was awarded a $200,000 dollar 80/20 matching grant from the Arkansas State Highway and Transportation Department for this project. The city also has an outstanding 80/20 matching grant from previous trail projects that can be applied to West Mud Creek Trail. Current Status: The re -designed project bids were opened on August 6th, 2003. There were four responsive bidders and the low bid was from Sweetser Construction in the amount of $ 426,936.03. This amount is a 63% reduction in cost from the original bid. Recommendation: Parks and Recreation staff recommends awarding the construction contract to Sweetser Construction in the amount of $426,936.03 with a 15% project contingency of $64,040.00 for a total project cost of $490,976.03. Attachments: Construction Contract Bid Tabulation cc: files City of Fayetteville Parks and Recreation Division 113 W. Mountain Street, Fayetteville, Arkansas 72701 Telephone: 501-718-7688 E-mail: satfield@ci.fayetteville.ar.us N is Section 00500 AGREEMENT O� BETWEEN CITY OF FAYETTEVILLE AND SWEETSER CONSTRUCTION THIS AGREEMENT is dated as of the day of in the year 2003 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and (herein after called SWEETSER CONSTRUCTION). CITY OF FAYETTEVILLE and SWEETSER CONSTRUCTION, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. SWEETSER CONSTRUCTION shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of the construction of approx. 5,185 L.F of 12 wide asphalt multi -use trail with base, associated earthwork and demolition for Western Mud Creek Trail Construction; and all items indicated in the Drawings and Specifications for both projects. Article 2. ENGINEER. The Project has been designed by City of Fayetteville Parks and Recreation Division 1445 South Happy Hollow Road Fayetteville, Arkansas 72701 who is hereinafter called PARKS AND RECREATION DIVISION PROJECT MANAGER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER 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 for the Project shall be substantially completed within 120 consecutive calendar days after the date when 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 150 consecutive calendar days after the date when the Contract Time commences to run. City of Fayetteville Page 00500-1 8/7/2003 S a 3.2. Liquidated Damages. CITY OF FAYETTEVILLE and SWEETSER CONSTRUCTION recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer financial loss if the Work is not 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, expense and difficulties involved in proving the actual loss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and SWEETSER CONSTRUCTION agree that as liquidated damages for delay (but not as a penalty) SWEETSER CONSTRUCTION shall pay CITY OF FAYETTEVILLE Two hundred and ftfty dollars ($250.00) 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 SWEETSER CONSTRUCTION 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 CITY OF FAYETTEVILLE, SWEETSER CONSTRUCTION shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars $250.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay SWEETSER CONSTRUCTION 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 following Schedule of Values 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. PAYMENT ITEMS Item No. Item Description Unit Estimated Quantity Unit Price Extended Price 1 Mobilization LS 1 2 Staking LS 1 3 Clearing and Grubbing LS 1 4 MaintenanceofTraffic LS 1 5 Tree Protection Fencing LF 500 6 R & D Existing Culverts LF 120 7 R & D Concrete Swale SY 31 8 Excavation Safety LS 1 9 Common Excavation CY 1976 10 Undercut and Backfill CY 500 11 Temporary Bale Barriers LF 200 12 Temporary Silt Fence LF 4935 City of Fayetteville Page 00500-2 8/7/2003 40 so 13 Seed and Mulch AC 1 Item Estimated No. Item Description Unit Quantity Unit Price Extended Price 14 Imported Top Soil CY 200 15 Grassed Swale LS 1 16 Concrete Swale (10' Wide, 2' Deep) LF 20 17 Aggregate Base (Class 7) CY 1485 18 Pnme Coat GAL 925.3 19 concreteTrail CY 251.9 20 Asphalt Concrete Type "3" TON 593.8 21 Concrete Trail Ramp EA 5 22 14" X 23" Elliptical Concrete Pipe LF 54 23 29" X 45" Elliptical Concrete Pipe LF 60 24 18" Reinforced Concrete Pipe LF 140 25 24" Corrugated Metal Pipe LF 182 26 24" Reinforced Concrete Pipe LF 254 27 30" Reinforced Concrete Pipe LF 40 28 42" Corrugated Metal Pipe LF 8 29 48" Reinforced Concrete Pipe LF 30 30 18" Concrete Flared End Section EA 2 31 14" X 23" Concrete Flared End Section EA 3 32 24" Concrete Flared End Section EA 16 33 30" Concrete Flared End Section EA 2 34 48" Concrete Flared End Section EA 2 35 29" X 45" Concrete Flared End Section EA 2 36 10' X 3' Box Culvert LF 25 37 12' X 3' Box Culvert LF 36 38 ' X 4' Junction Box EA 1 39 ' X 4' Box w/ Area Inlet (12" X 4'-0" EA 1 40 ' X 6' Box w/ Area Inlet (6" X 6'-0") EA 1 41 12' X 5' Box w/ Area Inlet 9" X 10'-0" EA 1 42 cocoir/DeKowe 700 Erosion Control Fabric SY 430 43 Miramat TM8 Erosion Control Fabric SY 350 44 Rip -Rap (Maximum 18") TON 200 45 Fence Style CLF (4' High NOBAR) LF 591 46 AHTD Type (D) Fence LF 85 47 Bench on Concrete Pad EA 8 48 Cedar Sign Post Installed LF 170 49 Non -Removable Bollard EA 10 50 Removable Bollard EA 5 51 Sheet Aluminum Signs SF 93.7 52 2 V2" Square Tube Posts LF 192 53 Traffic Stripe (Paint) (4' Wide) LF 5500 54 Compacted Embankment -Select Hillside Material CY 600 Borrow In -Place City of Fayetteville Page 00500-3 8/7/2003 a a Total Base Bid Amount As provided in paragraph 11.03 of the General Conditions estimated quantities arc not guaranteed, and determinations of actual quantities and classifications are to be made by PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.6 of the General Conditions. Article 5. PAYMENT PROCEDURES SWEETSER CONSTRUCTION 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 PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in the General Conditions. 5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of SWEETSER CONSTRUCTION's Applications for Payment as recommended by PARKS AND RECREATION DIVISION PROJECT MANAGER, 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 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. 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 PARKS AND RECREATION DIVISION PROJECT MANAGER shall determine, or 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 PARKS AND RECREATION DIVISION PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DIVISION PROJECT MANAGER, 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 CITY OF FAYETTEVILLE as provided in paragraphs 14.02.8.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in City of Fayetteville Page 00500-4 8/7/2003 a the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to SWEETSER CONSTRUCTION to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as PARKS AND RECREATION DIVISION PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.8.5 & 14.02.D of the General Conditions. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.8 & C of the General Conditions, CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by PARKS AND RECREATION DIVISION PROJECT MANAGER as provided in said paragraphs 14.07.8 & C. Article 6. SWEETSER CONSTRUCTION'S REPRESENTATIONS. In order to induce CITY OF FAYETTEVILLE to enter into this Agreement SWEETSER CONSTRUCTION makes the following representations: 6.1. SWEETSER CONSTRUCTION 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. SWEETSER CONSTRUCTION has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. SWEETSER CONSTRUCTION is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. SWEETSER CONSTRUCTION has carefully studied all reports of explorations and tests of subsurface conditions 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. SWEETSER CONSTRUCTION accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which SWEETSER CONSTRUCTION is entitled to rely as provided in paragraph 4.02 of the General Conditions. SWEETSER CONSTRUCTION acknowledges that such reports and drawings are not Contract Documents and may not be complete for SWEETSER CONSTRUCTION's purposes. SWEETSER CONSTRUCTION acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. SWEETSER CONSTRUCTION has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, City of Fayetteville Page 00500-5 8/7/2003 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, techniques, sequences, and procedures of construction to the employed by SWEETSER CONSTRUCTION and safety precautions and programs incident thereto. SWEETSER CONSTRUCTION does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. SWEETSER CONSTRUCTION is aware of the general nature of work to be performed by CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. SWEETSER CONSTRUCTION has correlated the information known to SWEETSER CONSTRUCTION, information and 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 with the Contract Documents. 6.7. SWEETSER CONSTRUCTION has given PARKS AND RECREATION DIVISION PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that SWEETSER CONSTRUCTION has discovered in the Contract Documents and the written resolution thereof by PARKS AND RECREATION DIVISION PROJECT MANAGER is acceptable to SWEETSER CONSTRUCTION and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE and SWEETSER CONSTRUCTION concerning the Work consist of the following: 7.1. This Agreement (pages I to 7, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by SWEETSER CONSTRUCTION prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.7. FHWA-1273 Special Provisions 7.8. Disadvantaged Business Enterprise in Highway Construction (SS 100-3) City of Fayetteville Page 00500-6 8/7/2003 .. a a 7.9. Specifications consisting of Divisions 1 through 16 as listed in table of contents thereof. 7.10. Addenda numbers _ to_, inclusive. 7.11. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through thirty-four with each sheet bearing the following general title: Western Mud Creek Trail. 7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.12.1. Notice to Proceed 7.12.2. All Written Amendments and other documents amending, modifying or supplementing 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 noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only 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 I of the 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 but 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. 8.3. CITY OF FAYETTEVILLE and SWEETSER CONSTRUCTION each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the 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 intention of the stricken provision. City of Fayetteville Page 00500-7 8/7/2003 a a 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Sweetser Construction will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. City of Fayetteville Page 00500-8 8/7/2003 0 a IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and SWEETSER CONSTRUCTION have signed this Agreement in quadruplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DIVISION PROJECT MANAGER, and two counterparts have been delivered to SWEETSER CONSTRUCTION. All portions of the Contract Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and SWEETSER CONSTRUCTION or identified by PARKS AND RECREATION DIVISION PROJECT MANAGER on their behalf. This Agreement will be effective on , 2003 (which is the Effective Date of the Agreement). CITY OF FAYETTEVILLE: City of Fayetteville CONSTRUCTION: By: By: Mayor [CORPORATE SEAL] Attest * Attest SWEETSER Title [CORPORATE SEAL) • If a Corporation, attest by the Secretary. Address for giving notices Address for giving notices (If CITY OF FAYETTEVILLE is a public body, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement.) (If SWEETSER CONSTRUCTION is a corporation, attach evidence of authority to sign) City of Fayetteville Page 00500-9 8/7/2003 a a RESOLUTION NO. A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO SWEETSER CONSTRUCTION IN THE AMOUNT OF FOUR HUNDRED TWENTY-SIX THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS AND THREE CENTS ($426,936.03) TO BUILD THE WEST MUD CREEK MULTI -USE TRAIL; AND APPROVING A FIFTEEN PERCENT (15%) PROJECT CONTINGENCY OF SIXTY-FOUR THOUSAND FORTY DOLLARS ($64,040.00). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards a construction contract to Sweetser Construction in the amount of Four Hundred Twenty -Six Thousand Nine Hundred Thirty -Six Dollars and Three Cents ($426,936.03) to build the West Mud Creek Multi -Use Trail. Section 2. That the City Council of the City of Fayetteville,= ,r. In hereby approves a Fifteen Percent (15%) project contingency o i>t Four Thousand Forty Dollars ($64,040.00). 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U U Q¢ U Q II - h- N h n-- N S- N I.- a O17 ¢ LL Q m U Z Y m N� C, �_ m W - N n. N b n m q O_ - N n. N 0In m P O- N n- N �O r 0 Ri SI- h n N b mI0 0 O- _N n -_ N_ (p n_ m q f� - N n V w -.. I- -I- e.NNNhN(vNN nnn nnnnnVV - -- NNNN It z � ! ) 2 ° \ k _ _ d z b i; 2 Cu ! ) C ( k , 7 O •- } / ]!.]0 !!fk z )� 2 | f e A 2 !. y ` (§2 q ..;E \ k - ) J a k IC g ) � �k §o Co ` \ LL o, )N a o • o .S2 - CL CD 1 U 8 fv ) �fl\ -� _ |t$O �( \ Co k k t�lf t \ / | ! - , FAYETTEfI LLE THE CITY OF FAYSRSVILLI, AIKANSAS DEPARTMENTAL CORRESPONDENCE To: Steve Hatfield Parks & Recreation From: Clarice Buffalohead-Pearman City Clerk's Division Date: 8/14/2003 Re: Resolution 118-03 Attached is a copy of the above referenced resolution passed by the City Council, August 12, 2003, approving a contract for construction of West Mud Creek Multi -Use Trail. I have retained one original to record in the city clerk's office and for microfilming. Also. I've attached five other originals along with your check request. If anything else is needed please let the clerk's office know. /cbp Attachment(s) cc: Nancy Smith, Internal Auditor