HomeMy WebLinkAbout113-04 RESOLUTIONRESOLUTION NO. 113-04
A .RESOLUTION AWARDING A CONTRACT TO MOBLEY
CONTRACTORS, INC. IN THE AMOUNT OF- $877,709.20 TO
CONSTRUCT THE LAKE FAYETTEVILLE SPILLWAY BRIDGE
AND MULTI -USE TRAIL; APPROVING A PROJECT
CONTINGENCY IN THE AMOUNT OF $43,885.00; AND
APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF
$376,340.00 FOR SAME
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 contract to Mobley Contractors, Inc. in the amount of
$877,709.20 to construct the Lake Fayetteville Spillway Bridge and Multi -Use
Trail; and
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a project contingency in the amount of $43,885.00; and,
Section 3. That the City Council of the City of Fayetteville, Arkansas
hereby approves a budget adjustment in the amount of $376,340.00 for same.
PASSED and APPROVED this 20th day of July 2004.
S.
C'.•01Y O,c •c"p • i
to. • 1: :
;FAYETTEVILLE • li
if
st•••,9 c,•• •A- By:
Z RKANSP.
ATTEST:
By: £&JAJ & tht&
SONDRA SMITH, City Clerk
APPROVED:
DAN COODY, Mayor
• •
Section 00500
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND MOBLEY CONTRACTORS, INC.
THIS AGREEMENT is dated as of the.2044 day of .14a.1in the year 2004 by and between the
City of Fayetteville, Arkansas (hereinafter called CITY OF AYETTEVILLE) and Mobley
Contractors, Inc. (herein after called MOBLEY CONTRACTORS, INC...).
CITY OF FAYETTEVILLE and MOBLEY CONTRACTORS, INC..., in consideration of the mutual
covenants hereinafter set forth, agree as follows:
Article 1. WORK.
MOBLEY CONTRACTORS, INC... shall complete all Work as specified or indicated in the Contract
Documents.
The work generally consists of the construction of a 250 L.F. bridge and approx. a 2,800 L.F.
of 12' wide asphalt multi -use trail with base, associated earthwork and demolition for Lake
Fayetteville Spillway Bridge and Trail Construction; and all items indicated in the Drawings
and Specifications.
Article 2. ENGINEER.
The Project has been designed by
City of Fayetteville Parks and Recreation Division
1455 South Happy Hollow Road
Fayetteville, Arkansas 72701
Carter Burgess , Inc.
10809 Executive Center, Suite 204
Little Rock, Arkansas 72211-6021
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 150 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 180 consecutive
calendar days after the date when the Contract Time commences to run.
City of Fayetteville
Page 00500-1 7/22/2004
• •
3.2. Liquidated Damages. CITY OF FAYETTEVILLE and MOBLEY CONTRACTORS,
INC... recognize that time is of the essence of the Agreement and that CITY OF
FAYETTEVILLE will suffer financial Toss 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
MOBLEY CONTRACTORS, INC... agree that as liquidated damages for delay (but not as a
penalty) MOBLEY CONTRACTORS, INC... 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 Substantial Completion until the Work is substantially complete. After
Substantial Completion, if MOBLEY CONTRACTORS, INC... 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 MOBLEY CONTRACTORS, INC... 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 MOBLEY CONTRACTORS, INC... 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.
City of Fayetteville
Payment Items Continued on Next Page
Page 00500-2 7/22/2004
•
RIPTION
PAYMENT ITEMS
•
UNITS QUAN.
UNIT $
Total
1
MOBILIZATION
LS
1.00
$41,588.09
41,588.09
2
L.S.
1.0
27,666.56
27,666.56
STAKING
3
TREE PROTECTION FENCING (18)
LF
300.00
5.96
1,788.00
4
BALED STRAW DITCH CHECKS
BALE
64
$40.00
2,560.00
5
SAND BAG DITCH CHECKS
CY
60
$39.34
2,360.40
6
SILT FENCE (18)
LF
2.010
$3.08
6,190.80
7
SITE PREPARATION (2) (5) (6) (19)
LS
1.0
$27,337.50
27,337.50
8
SEEDING
ACRE
2.70
$4,025.00
10,867.50
9
MULCH COVER
ACRE
2.70
$1,350.00
3,645.00
10
EXCAVATION SAFETY
LS
1.00
695.25
695.25
11
UNCLASSIFIED EXCAVATION
CY
2550
$15.55
39,652.50
12
ROCK EXCAVATION -STRUCTURES
CY
37
$276.89
10,244.93
13
COMMON STRUCTURE EXCAVATION
CY
214
$64.72
13,850.08
14
COMPACTED EMBANKMENT -SELECT HILLSIDE MATERIAL (BORROW) IN PLACE
CY
1850.0
16.86
31,191.00
15
AGGREGATE BASE (CLASS 7) (1)
CY
888.6
42.17
37,472.26
16
ASPHALT CONCRETE TYPE "3" (1) (3) (14)
TON
413.4
69.25
28,627.95
17
CONCRETE TRAIL (1)
SY
36912
0.00
0.00
18
CLASS S CONCRETE - BRIDGE
CY
123
$1,345.02
165,437.46
19
CLASS S (AE) CONCRETE - BRIDGE
CY
72
$745.04
53,642.88
20
RETAINING WALL (20)
SF
1,000
$37.28
37,280.00
21
REINFORCING STEEL -BRIDGE
LB
28180.00
$1.23
34,681.40
22
RAILING
LF
258
$94.50
24,192.00
23
FILTER BLANKET
SY
269
$2.59
696.71
24
RIPRAP
CY
134
$63.67
8,531.78
25
SLOPE PROTECTION BLANKET
SY
46
$47.25
2,173.50
26
(3) 72' PONY TRUSS BRIDGE SECTIONS (Includes erection)
LS
1
$247,340.93
247,340.93
27
BENCH, (SURFACE MOUNT) (18)
EA.
4.0
997.11
3,988.44
28
BENCH ON CONCRETE PAD (18)
EA.
4.0
987.11
3,948.44
29
CEDAR SIGN POST INSTALLED (13)
L.F.
90.0
13.20
1,188.00
30
NON -REMOVABLE BOLLARD (9)
EA.
8.0
492.08
3,936.64
31
REMOVABLE BOLLARD (9)
EA.
4.0
761.91
3,047.64
32
TRAFFIC STRIPE (PAINT) (4" WIDE) (7) (18)
L.F.
250.0
2.52
630.00
33
SHEET ALUMINUM SIGNS (16)
S.F.
59.3
13.20
782.76
34
2 1/2" SQUARE TUBE POST (13)
L.F.
56.0
8.80
492.80
SUB -TOTAL
TOTAL
877,709.20
$877,709.20
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 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
MOBLEY CONTRACTORS, INC... 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 MOBLEY CONTRACTORS, INC...'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.
City of Fayetteville
Page 00500-3 7/22/2004
• •
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.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
MOBLEY CONTRACTORS, INC... 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. MOBLEY CONTRACTORS, INC...'S REPRESENTATIONS.
In order to induce CITY OF FAYETTEVILLE to enter into this Agreement MOBLEY
CONTRACTORS, INC... makes the following representations:
6.1. MOBLEY CONTRACTORS, INC... 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. MOBLEY CONTRACTORS, INC... 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 famishing of the Work.
City of Fayetteville Page 00500-4 7/22/2004
• •
6.3. MOBLEY CONTRACTORS, INC... 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. MOBLEY CONTRACTORS, INC... 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. MOBLEY CONTRACTORS, INC... 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 MOBLEY CONTRACTORS, INC... is entitled to rely as
provided in paragraph 4.02 of the General Conditions.
MOBLEY CONTRACTORS, INC... acknowledges that such reports and drawings are not
Contract Documents and may not be complete for MOBLEY CONTRACTORS, INC...'s
purposes. MOBLEY CONTRACTORS, INC... 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.
MOBLEY CONTRACTORS, INC... 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 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 MOBLEY CONTRACTORS,
INC... and safety precautions and programs incident thereto. MOBLEY CONTRACTORS,
INC... 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 terns and conditions of the
Contract Documents.
6.5. MOBLEY CONTRACTORS, INC... 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. MOBLEY CONTRACTORS, INC... has correlated the information known to MOBLEY
CONTRACTORS, INC..., 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. MOBLEY CONTRACTORS, INC... has given PARKS AND RECREATION DIVISION
PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that
MOBLEY CONTRACTORS, INC... has discovered in the Contract Documents and the written
resolution thereof by PARKS AND RECREATION DIVISION PROJECT MANAGER is
acceptable to MOBLEY CONTRACTORS, INC... and the Contract Documents are generally
sufficient to indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
City of Fayetteville
Page 00500-5 7/22/2004
• •
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE
and MOBLEY CONTRACTORS, INC... concerning 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 MOBLEY CONTRACTORS, INC... 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).
7.9. Specifications consisting of Divisions 1 through 16 as listed in table of contents
thereof.
7.10. Addenda numbers 1 through 4 , inclusive.
7.11. One set of drawings (not attached hereto) consisting of: a cover sheet and additional
sheets numbered two through twenty-eight with each sheet bearing the following general
title: Lake Fayetteville Spillway Bridge and Trail Construction.
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 1 of the General Conditions will
have the meanings indicated in the General Conditions.
City of Fayetteville
Page 00500-6 7/22/2004
•
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 MOBLEY CONTRACTORS, INC... 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
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, MOBLEY CONTRACTORS,
INC... 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 00500-7 7/22/2004
• •
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and MOBLEY CONTRACTORS,
INC... 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 MOBLEY CONTRACTORS, INC.... All portions of the Contract
Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and MOBLEY
CONTRACTORS, INC... or identified by PARKS AND RECREATION DIVISION PROJECT
MANAGER on their behalf.
This Agreement will be effective on
the Agreement).
, 2004 (which is the Effective Date of
CITY OF FAYETTEVILLE: City of Fayetteville MOBLEY
CONTRACTORS, INC...:
By: .l / `LI\ By:�►(if 4--N1a-- d_
Mayor
Attest:. vs
City Clerk R£q
:`?
[CORPORATE SEAL] E : FAYETTEVILLE: 3
•;•;.:1:*9Jam.
"''ti;Nc•roN CR
Attest
* Attest
Title V,P.
[CORPORATE SEAL]
* If a Corporation, attest by the Secretary.
Address for giving notices Address for giving notices
o. AP5-6)
,Mode, 4 /e.
72/10
(If CITY OF FAYETTEVILLE is a public body, attach
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.)
City of Fayetteville
License No.
0,00 3-66090 Y_
(If MOBLEY CONTRACTORS, INC... is a corporation, attach
evidence of authority to sign)
Page 00500-8 7/22/2004
• •
NOTICE TO PROCEED
TO: DATE:
PROJECT: Lake Fayetteville Spillway Bridge and Trail Construction
You are hereby notified to commence WORK in accordance with the Contract dated
on or before ,and you are to substantially complete the WORK
within one hundred and twenty consecutive calendar days thereafter and have the Work complete and
ready for final payment within thirty consecutive calendar days thereafter. The date for Substantial
completion is therefore . The date for final completion is therefore
CITY OF FAYETTEVILLE, ARKANSAS
City of Fayetteville
By
Trails and Greenways Coordinator
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by
this the day of
By
Title
, 2004.
City of Fayetteville Page 00500-12 7/22/2004
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2004
Department: Operations
Division: Parks & Recreation
Program: Parks Development Capital
Date Requested
Adjustment Number
Project or Item Requested:
$376,340 Is being requested in the Lake Fayetteville
Improvements capital project (02043).
Project or Item Deleted:
To move $51,247 in grant revenue and expense related to
the Lake Fayetteville Trails capital project (03022).
To move $376,340 From the Trail Development capital
project (02016).
Justification of this Increase:
These funds are necessary to complete Lake -Fayetteville
Spillway Bridge & Trail capital project.
Justification of this Decrease:
Sufficient funds remain in both projects to meet 2004
objectives.
Increase Budget (Decrease Revenue)
Account Name Account Number Amount Project Number
Park improvements
Bridge & drainage improve
State grants
4470 9470 5806 00
2250 9255 5817 00
2250 0925 4302 00
325,093 02043 1
51,247 02043 1
51,247 03022 1
Decrease Budget (Increase Revenue)
Account Name Account Number Amount Project Number
Park improvements
State grants
Bridge & drainage improve
4470 9470 5806 00
2250 0925 4302 00
2250 9255 5817 00
325,093 02016 1
51,247 02043 1
51,247 03022 1
Approval Signatures
Requested By
Budget Manager
Date
Date
Department Director Date
Finance &
May
temal Sery es Dir tor
Date
ate
Budget Office Use Only
Type: A B C (71-).%) E
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial Date
Initial Date
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
Resolution No. 113-04
w/agreement & budget adjustment
Document
•
1
07/07/04
memo to mayor & City Council
2
copy of project breakdown
3
draft resolution
4
draft agreement
5
copy of bid tabulation
6
Staff Review Form
7
email to Steve Hatfield
8
email to cpeaman
from Steve Hatfield
9
memo to Steve Hatfield
10
copy of pictures
11
12
13
14
15
16
17
NOTES:
217104
Ex. A, B & C is not attached. They have not been
received from Parks.
FAYETTEVILLE
PARKS & RECREATION
•
MEMORANDUM
•
Rt 5
7/zD/0(/
'/3
Noblay 6niraci rsi
yrvc I / G -u kt, F i'
Date:
To:
Thru
7/7/04
Mayor Dan Coody and City Council Members
Gary Dumas, Director of Operations
Connie Edmonston, Parks and Recreation Director
From: Steve Hatfield, Park Landscape Architect, Trails & Greenways Coordinator
Reference: Lake Fayetteville Spillway Bridge and Trail
Subject: Contract Award
Background:
The Lake Fayetteville Spillway Bridge and Trail is a proposed multi -use trail that will connect Veterans Park and the North
Shore Softball complex at Lake Fayetteville. This project has been talked about for years and was listed as a top priority in
the adopted Parks Master Plan. This project includes 3,000 linear feet of hard surface trail and a 254 foot bridge. The
design of the bridge will provide additional opportunities for viewing the lake and spillway from observation decks. The
entire project will be accessible and will allow a wide cross-section of citizens and visitors the opportunity to enjoy the lake
experience.
In 2003, the Parks and Recreation Division applied and were awarded a $51,247 dollar 50/50 matching grant from the
Arkansas Recreational Trails Program for this project.
Funding for this project is coming from Park Land Dedication funds, $235,970, State Grant, $51,247, $309,284 From the
Lake Fayetteville Improvements and $325,093 from the trails development project.
Current Status:
The project bids were opened on June 24i°, 2004. There were two responsive bidders and the low bid was from Mobley
Contractors, Inc. in the amount of $ 877,709.20
Recommendation:
Parks and Recreation staff recommends awarding the construction contract to Mobley Contractors, Inc. in the amount of
$877,709.20 with a 5% project contingency of $43,885 for a total project cost of $921,594.20.
Attachments: Construction Contract
Bid Tabulation
cc: files
Telephone: 501-718-7688
1
City of Fayetteville
Parks and Recreation Division
113 W. Mountain Street, Fayetteville, Arkansas 72701
E-mail: shatfield@ci.fayetteville.ar.us
•
Lake Fayetteville Spillway Bridge & Trail Project (02043.1)
- Sources of Funding
Budget Breakdown before Additions:
Lake Fayetteville Improvements - Sales Tax
Lake Fayetteville Improvements - Parks Dev
Park Land Dedication
Budget Additions:
Lake Fayetteville Grant
Trail Development
Total Budget Breakdown:
Park Land Dedication
Lake Fayetteville Grant
Lake Fayetteville Improvements
Trail Development
•
2004 Budget Encumbrances Expenses
96,422.00
218,584.00
235,970.00
550,976.00
51,247.00
325,093.00
927,316.00
235,970.00
51,247.00
315,006.00
325,093.00
$ 927,316.00
1,910.94
1,910.94
1,910.94
Remaining
96,422.00
3,810.79 212,862.27
235,970.00
3,810.79 545,254.27
3,810.79
51,247.00
325,093.00
921,594.27
- 235,970.00
- 51,247.00
1,910.94 3,810.79 309,284.27
325,093.00
$ 1,910.94 $ 3,810.79 $ 921,594.27
•
RESOLUTION NO.
A RESOLUTION AWARDING A CONTRACT TO MOBLEY
CONTRACTORS, INC. IN THE AMOUNT OF $877,709.20 TO
CONSTRUCT THE LAKE FAYETTEVILLE SPILLWAY BRIDGE
AND MULTI -USE TRAIL; APPROVING A PROJECT
CONTINGENCY IN THE AMOUNT OF $43,885.00; AND
APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF
$376,340.00 FOR SAME
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 contract to Mobley Contractors, Inc. in the amount of
$877,709.20 to construct the Lake Fayetteville Spillway Bridge and Multi -Use
Trail; and
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a project contingency in the amount of $43,885.00; and, �.
Section 3. That the City Council of the City of Fayetttev I Arkansan
hereby approves a budget adjustment in the amount of�6,3 a09 fir same,I
ATTE
By:
PASSED and APPROVED this 20w day of July 2004!
PPROVED
SONNDD ', SMIT I, City Clerk
1
COODY, Mayor
• •
Section 00500
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND MOBLEY CONTRACTORS, INC.
THIS AGREEMENT is dated as of the day of in the yeaf2004 by and between the
City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILCE).and Mobley
Contractors, Inc. (herein after called MOBLEY CONTRACTORS, INC., ).
CITY OF FAYETTEVILLE and MOBLEY CONTRACTORSINC..., inconsideration of the mutual
covenants hereinafter set forth, agree as follows:
Article 1. WORK.
MOBLEY CONTRACTORS, INC... shall complete all`Work as specified or indicate liih the Contract
Documents.
The work generally consists of theconstruction nstruction of a 250`L.F'bridge and approx. a 2,800 L.F.
of 12' wide asphalt multi -use trail with.b e; associated earth ork.and demolition for Lake
Fayetteville Spillway Bridge and TrailConstruction; and all items indicated in the Drawings
and Specifications.
Article 2. ENGINEER C
The Project has been -designed by
City of Fayetteville Parks and Recreation Division// Carter Burgess , Inc.
1455 South'Happy HHollow Road / 10809 Executive Center, Suite 204
Fayetteville, Arkansas'72701 \\ Little Rock, Arkansas 72211-6021
whowhcCiStereinafter called PARKS AND RECREATION DIVISION PROJECT MANAGER and who
is to act as\CITY OF FAYETTEVILL`Es 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. CONTRACCTTIME.
3.1. The Work for the Project shall be substantially completed within 150 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 180 consecutive
calendar days after the date when the Contract Time commences to run.
City of Fayetteville
Page 00500-1 7/1/2004
• •
3.2. Liquidated Damages. CITY OF FAYETTEVILLE and MOBLEY CONTRACTORS,
INC... 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
MOBLEY CONTRACTORS, INC... agree that as liquidated damages for delay (but not as a
penalty) MOBLEY CONTRACTORS, INC... shall pay CITY OF FAY'ETTEVILLE Two
hundred and fifty 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 MOBLEY CONTRACTORS, INC.. shatl'neglect, refuse or fail to
complete the remaining Work within the time specified in'paragraph3.l\for completion and
readiness for final payment or any proper extension thereof granted by CITY OF
FAYETTEVILLE, MOBLEY CONTRACTORS 'INC... shall pay CITY OF FAYETTEVILLE
Two hundred and fifty dollars ($250.00) for each day that\ pires after the time•specified in
paragraph 3.1 for completion and readiness for finabpayment.
Article 4. CONTRACT PRICE.
CITY OF FAYETTEVILLE shall pay MOBLEY CONTRACTORS, INC... for completion of
the Work in accordance with the ContractD cuments an amount in -current funds equal to the
sum of the amounts determined from the \followmg Schedule ofValues pursuant to paragraphs
4.1 and 4.2 below:
4.1. for all Work other than Unit Price Work, an amounttequal to the sum of the established
lump sums for
a chseparately identifieditem off Lump Sum Work; and
4.2. for all Unit Price Work,ari amount equal t -the sum of the established unit price for each
separately -identified item ofUnit-Price Wo times the estimated quantity of that item as
indicted -in -this paragraph 4 2.
City of Fayetteville
ayment Items Continued on Next Page
Page 00500-2 7/1/2004
•
ITEM DESCRIPTION
PAYMENT ITEMS
•
UNITS QUAN
UNIT $
Total
1
MOBILIZATION
LS
1.00
$41,588.09
41$88.09
2
STAKING
L.S.
1.0
27,666.56
27,666.56
3
TREE PROTECTION FENCING (18)
LF
300.00
5.96
1,788.00
4
BALED STRAW DITCH CHECKS
BALE
64
$40.00
2,560.00
5
SAND BAG DITCH CHECKS
CY
60
$39 34
2,360.40
6
SILT FENCE (18)
LF
2,010
$3.08
6,190.80
7
SITE PREPARATION (2) (5) (6) (19)
LS
1.0
$27 337.50
27,337.50
8
SEEDING
ACRE
2.70
$4,025.00
10,867.50
9
MULCH COVER
ACRE
2.70
$1 350.00
3,645.00
10
EXCAVATION SAFETY
LS
. 1.00
695.25
695.25
11
UNCLASSIFIED EXCAVATION
CY
/ 2,550
$15.55
39,652.50
12
ROCK EXCAVATION - STRUCTURES
CY
/ ,------.:37
$276.89
10,244.93
13
COMMON STRUCTURE EXCAVATION
CY /
/ 214
$64.72
1$,850.08
14
COMPACTED EMBANKMENT -SELECT HILLSIDE MATERIAL (BORROW) IN PLACE
CY
\ 1850.0
16.86
31,191.00
15
AGGREGATE BASE (CLASS 7) (1)
/CY'\
\ 888.6
42.17
37,472.26
16
ASPHALT CONCRETE TYPE "3" (1) (3) (14)
/ TON
\413.4
69.25
28,627.95
17
CONCRETE TRAIL (1) '
(SY
\ 3691 2
0.00
0.00
18
CLASS S CONCRETE -BRIDGE n
\\CY
\ 123
$1,345.02
165,437.46
19
CLASS S (AE) CONCRETE - BRIDGE / \
'CY
\ 72
\ $745.04
53 642.88
20
RETAINING WALL (20) / / '
J SF
1,000
\ $37.28
37,280.00
21
REINFORCING STEEL- BRIDGE / /
LB
28180.00
‘ \$1.23
34,661.40
22
RAILING / /
. LF
256
\ $94.50
. 24,192.00
23
FILTER BLANKET / -\
\ SY
269
\ $2.59'
/ 696.71
24
CY.
134
$63.67'
8,531.78
RIPRAP v \ S \
25
SLOPE PROTECTION BLANKET \ - \
/ SY \
46
$47:25
2,173.50
26
(3)72' PONY TRUSS BRIDGE SECTIONS (Includes erection) \.H.\.'/LS
' 1
$247$40.93
247,340.93
27
BENCH, (SURFACE MOUNT) (18) \ -.
./ EA.
4.0
997.11
3,988.44
28
BENCH ON CONCRETE PAD (18) \
\EA.
4.0
987.11
3,948.44
29
CEDAR SIGN POST INSTALLED (13) \ \ `
L.F.
90.0
13.20
1,188.00
30
NON -REMOVABLE BOLLARD (9) \.. `.„
\ EA.\
8.0
492.08
$,936.64
31
REMOVABLE BOLLARD (9)
EA.
. n 4.0
761.91
3,047.64
32
TRAFFIC STRIPE (PAINT) (4 WIDE) (7) (18) \ \ -. °:- \
L.F\
/ 250.0
2.52
630.00
33
SHEET ALUMINUM SIGNS (16) \\ '\.' \
S.F. 1
/ 59.3
13.20
782.76
34
2 1/2' SQUARE TUBE POST (13) _ _ \\ >- " \
L.F.//
56.0
8.80
492.80
\C
As provided in paragraph 14s03 of General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and_classifications are'to be made by PARKS AND RECREATION
DIVISION PROJECT MANAGER-as,.p o ided_inp&agraph 9.08 of the General Conditions. Unit
prices have been computed as provided in paragraph 11.03.B of the General Conditions.
SUB -TOTAL
TOTAL
877,709.20
$877,709.20
Articcle'5. PAYMENT PROCEDURES
MOBLEY`CONTRACTOR\INC... 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 b! PARKS AND RECREATION DIVISION PROJECT MANAGER as
provided in the Gener- al'Conditions.
5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account
of the Contract Price on the basis of MOBLEY CONTRACTORS, INC...'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.
City of Fayetteville
Page 00500-3 7/1/2004
• •
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{nd 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 satisfa ory`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 FAYETTEVILEE&as provided in paragraphs 14.02.B.5 & 14.02.D of the
General Conditions. That is„ if-anysuch items ar�e;setup for that type payment in
the Specifications.
5.1.2. Upon Substantial Completion \ in' an amount'sufficient to increase total payments to
MOBLEY CONTRACTORS, INC... to/98 percentl f the Contract Price (with the balance
of 2 percent being retainage), less such amounts as PARKS AND RECREATION
DIVISION"PROJECT MANAGER shallldetermine, 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
raragraphs 14.07.B\& C\of the G e efal Conditions, CITY OF FAYETTEVILLE shall pay the
emainder of the Contract`Price as/recommended by PARKS AND RECREATION DIVISION
PROJECT'MANAGER as provided in said paragraphs 14.07.B & C.
Article 6. MOB EU Y'CONTR ACTORS, INC...'S REPRESENTATIONS.
In order to induce CIPY OF FAYETTEVILLE to enter into this Agreement MOBLEY
CONTRACTORS, INCkmakes the following representations:
6.1. MOBLEY CONTRACTORS, INC... 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. MOBLEY CONTRACTORS, INC... 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.
City of Fayetteville Page 00500-4 7/1/2004
•
6.3. MOBLEY CONTRACTORS, INC... 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. MOBLEY CONTRACTORS, INC... 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. MOBLEY CONTRACTORS, INC... 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 MOBLEY CONTRACTORS, INC... is entitled to rely as
provided in paragraph 4.02 of the General Conditions.
MOBLEY CONTRACTORS, INC... acknowledges that such reports and drawings are not
Contract Documents and may not be complete for MOBLEY CONTRACTORS, INC...'s
purposes. MOBLEY CONTRACTORS, INGacicnowledgthat CITY OF FAY,ETTEVILLE
and PARKS AND RECREATION DIVISION \PROJECT-ANAGER do not assume
responsibility for the accuracy or completeness of inforM_mation and data shown or indicated in the
Contract Documents with respect �Underground Fac l ties at or contiguous to the site.
MOBLEY CONTRACTORS, INC'. has,, obtained andcarefully studied (or assumes
responsibility for having done so) all such-addttional supplementary'examinations, investigations,
explorations, tests, studies, and data concerningcondttions (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 relateto any aspect of the means, methods, techniques,
sequences, and procedures of"construction�to\the employed by MOBLEY CONTRACTORS,
INC... and safety precautions and programs\ncident thereto. MOBLEY CONTRACTORS,
INC... does not consider that, any additional examinations, investigations, explorations, tests,
studies, or data are necessary/forrthe,performance and furnishing of the Work at the Contract
Price, within -the Contract Tiem s; andam ccordance with the other terms and conditions of the
Contract -Documents.
6.5 �MOBLEY CONTRACTORS, INC'. is aware of the general nature of work to be performed
Eby CITY\OF FAYE1 IEVILLE and others at the site that relates to the Work as indicated in the
ContracDocuments. \ 1
6.6. MOBLEY CONTRACTORS, INC... has correlated the information known to MOBLEY
IN
CONTRACTORS C r 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. MOBLEY CONTRACTORS, INC... has given PARKS AND RECREATION DIVISION
PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that
MOBLEY CONTRACTORS, INC... has discovered in the Contract Documents and the written
resolution thereof by PARKS AND RECREATION DIVISION PROJECT MANAGER is
acceptable to MOBLEY CONTRACTORS, INC... and the Contract Documents are generally
sufficient to indicate and convey understanding of all terms and conditions for performance and
fumishing of the Work.
City of Fayetteville
Page 00500-5 7/1/2004