HomeMy WebLinkAbout79-04 RESOLUTIONRESOLUTION NO. 7 9_ 04
A RESOLUTION TO APPROVE A CONSTRUCTION CONTRACT
WITH MOBLEY CONTRACTORS, INC. IN THE AMOUNT OF
$753,553.04 WITH A PROJECT CONTINGENCY OF $133,032.96
FOR A TOTAL OF $886,586.00 FOR THE RECONSTRUCTION OF
OLD MISSOURI ROAD FROM JOYCE BOULEVARD TO THE
MUD CREEK BRIDGE AND FROM ROLLING HILLS TO OLD
WIRE ROAD
WHEREAS, the City Council Street Committee has approved the conceptual
design for the improvement of Old Missouri Road to connect the recently improved
section to Joyce Boulevard and to Old Wire Road; and
WHEREAS, Mobley Construction, Inc. was the low bidder for these construction
projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves the contract attached as Exhibit A which authorizes $753,553.04, plus a
contingency of $133,032.96 for a total of $886,586.00 to Construction, Inc. for the
reconstruction and improvement of Old Missouri Road from Joyce Boulevard to the Mud
Creek Bridge and from Rolling Hills Drive to Old Wire Road.
PASSED and APPROVED this the 18th day of May, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
By:
APPROVED:
D COODY, Mayor
•
NAME OF FILE:
CROSS REFERENCE:
Resolution No. 79-04
wlagreement
Document
•--•• •• ---
1
04/23/04
City Council
Agenda memo
2
draft resolution
3
copy of
bid tabulation
4
draft agreement
5
copy of check request
6
copy of addendum
7
05/03/04
Staff Review Form
8
05/21/04
email to Paul Libertini
9
email to Paul Libertini
10
06/02/04
email to Paul Libertini
11
06/11/04
memo to Paul libertini
NOTES:
•
•
City Council Meeting of May 18, 2004
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Hugh Earnest, Chief Administrative Officer
From. Tim Conklin, Community Planning and Engineering Services Director
Date: April 23, 2004
Subject: 1. Approval of a resolution awarding the construction contract in the amount of
$753,553.04 with Mobley Contractors, Inc. for the construction of Old Missouri Road,
North & South Sections 2. Approval of a project contingency in the amount of
$133,032.96 which includes $113,032.96 (15%) for unforseen project expenditures and
variations in final quantities; and $20,000 for materials testing, in-house management &
inspection.
RECOMMENDATION
Staff recommends approval of the resolution awarding the contract to Mobley
Contractors, Inc. in the amount of $753,553.04 and establishing a project contingency of
$133,032.96.
BACKGROUND
This road improvement project is the combination of two separate 2003 CIP projects:
Old Missouri Road from Joyce Boulevard to Mud Creek Bridge, and Old Missouri Road
from Rolling Hills to Old Wire Road.
Conceptual design plans were presented to the Street Committee on October 28, 2003.
Four options were shown for the North Section (Joyce Blvd to Mud Creek Bridge). The
Street Committee chose Option #1 for the North Section, and also accepted the proposed
conceptual plan for the South Section.
The first section of Old Missouri Road from Stubblefield Road to Rolling Hills has been
under construction and was recently opened to traffic on Friday, April 16, 2004. Mobley
Contractors, Inc. was also awarded that construction contract.
1
•
DISCUSSION
•
City Council Meeting of May 18, 2004
The contract bids were opened on April 21, 2004. The project engineer has reviewed the
bids and recommends awarding the contract to the low bidder, Mobley Contractors, Inc ,
in the amount of $753,553.04 (see the attached bid tabulation sheet). The estimated total
project costs including the project contingency for unforeseen project expenditures are as
follows:
Contractor Bid Amount $ 753,553.04
Materials Testing $ 5,000.00
In-house Management & Inspection $ 15,000.00
15% Contingency $ 113,032.96
TOTAL $ 886,586.00
BUDGET IMPACT
Funds of $1,330,000 are available as this project was budgeted as part of the 2003 Capital
Improvement Program. It should be noted that approximately $50,000 of this budget will
be used by the Transportation Division to purchase new traffic signal equipment to
upgrade the existing signalization at the intersection of Old Missouri Road and Joyce
Boulevard.
2
•
RESOLUTION NO.
•
A RESOLUTION TO APPROVE A CONSTRUCTION CONTRACT
WITH MOBLEY CONTRACTORS, INC. IN THE AMOUNT OF
$753,553.04 WITH A PROJECT CONTINGENCY OF $133,032.96
FOR A TOTAL OF $886,586.00 FOR THE RECONSTRUCTION OF
OLD MISSOURI ROAD FROM JOYCE BOULEVARD TO THE
MUD CREEK BRIDGE AND FROM ROLLING HILLS TO OLD
WIRE ROAD
WHEREAS, the City Council Street Committee has approved the conceptual
design for the improvement of Old Missouri Road to connect the recently improved
section to Joyce Boulevard and to Old Wire Road; and
WHEREAS, Mobley Construction, Inc. was the low bidder for these construction
projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves the contract attached as Exhibit A which authorizes $753,553.04, plus a
contingency of $133,032.96 for a total of $886,586.00 to Construction, Inc. for the
reconstruction and improvement of Old Missouri Road from Joyce Boulevard to the Mud
Creek Bridge and from Rolling Hills Drive to Old Wire Road.
PASSED and APPROVED this the 18th day of May, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, Mayor
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Bid Opening, April 21, 2004 @ 2:OOpm
• i
Section 00500
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR
THIS AGREEMENT is dated as of the day of in the year 2004 by and
between the City of Fayetteville, Arkansas and Mobley Contractors, Inc. (hereinafter called MOBLEY).
CITY OF FAYETTEVILLE and MOBLEY, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
MOBLEY shall complete all Work as specified or indicated in the Contract Documents.
The work generally consists of the construction of approximately 2,800 L.F. of 37' and 28' wide street with
curb & gutter. The construction work will involve aggregate base, asphalt binder, and asphalt surfacing
with associated earthwork, storm sewer, drainage structures, sidewalks, pavement markings, and all items
indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
City of Fayetteville Engineering Dept.
113 W. Mountain
Fayetteville, Arkansas 72701
who is hereinafter called ENGINEER 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 shall be substantially completed within 180 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 I4.07.B & C of the General
Conditions within 210 consecutive calendar days after the date when the Contract Time commences to run.
3.2. Liquidated Damages. CITY OF FAYETTEVILLE and MOBLEY 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 agree that as liquidated damages for delay (but not as a penalty) MOBLEY shall pay CITY OF
FAYETTEVILLE One thousand dollars ($1,000.00) 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 shall neglect, refuse or fail to complete the remaining Work within the time
Old Missouri Road Improvements, North & South Sections
City of Fayetteville
Engineering Division
April 26, 2004
Page 00500-1
specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof
granted by CITY OF FAYETTEVILLE, MOBLEY shall pay CITY OF FAYETTEVILLE One thousand
dollars (51,000.002 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 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.
Old Missouri Road Improvements
North & South Sections
PAY ITEMS
North Section of Old Missouri Road
Item
No.
Description
Unit
Estimated
Quantity
Unit
Price
Extended
Price
NI
Mobilization
LS
1
$32,153.51
$32,153.51
N2
Construction Staking
LS
1
57,426.56
57,426.56
N3
Maintenance of Traffic
LS
1
517,716.02
517,716.02
N4
Tree Protection Fencing
LF
400
$3.03
$1,212.00
N5
Excavation Safety
LS
1
5525.00
5525.00
N6
Clearing and Grubbing
AC
0.35
$8,946.43
$3,131.25
N7
Cold Milling Asphalt & Concrete Pavement
SY
2,400
$3.58
$8,592.00
N8
Unclassified Excavation
CY
3,266
516.45
553,725.70
N9
Compacted Subgrade-Select Hillside Material (Borrow)
CY
2,300
$16.30
537,490.00
NI0
Borrow (Unclassified Fill)
CY
200
$13.66
$2,732.00
NII
Undercut and Backfill
CY
500
$19.16
$9,580.00
NI2
6" Aggregate Base Course (Class 7)
TN
1,300
$18.62
$24,206.00
N13
Concrete Curb and Gutter
LF
3,000
59.76
529,280.00
N14
ACHM Binder Course (Type 2)
TN
1,000
540.65
540,650.00
N15
2" ACHM Surface Course (Type 2)
TN
800
$43.98
$35,184.00
N16
18 -inch Reinforced Concrete Pipe (RCP)
LF
200
$70.95
$14,190.00
N17
24 -inch Reinforced Concrete Pipe (RCP)
LF
650
546.35
$30,127.50
N18
Drop Inlet (Type 'C' 4'x4' or 'MO' 4' Dia.)
EA
10
$3,236.15
532,361.50
N19
Drop Inlet Extension (4')
EA
4
5726.51
52,906.04
N20
Drop Inlet Extension (8')
EA
8
$791.99
$6,335.92
N21
Junction Box (45(4')
EA
1
$3,746.31
$3,746.31
Old Missouri Road Improvements, North & South Sections
City of Fayetteville
Engineering Division
April 26, 2004
Page 00500-2
•
•
N22
Concrete Trail (4") w/ Agg. Base (4")
SY
1,150
530.77
535,385.50
N23
Concrete Driveway (6") w/ Agg. Base (6")
SY
150
$19,697.73
$48.81
S2
$7,321.50
N24
Concrete Access Ramp (4") w/ Agg. Base (4")
SY
10
S3
599.08
$990.80
N25
Detectable Warning Surfaces
SF
120
558.30
$6,996.00
N26
Seeding and Mulching
AC
1.00
53,300.00
53,300.00
N27
Solid Sodding
SY
200
53.85
56
$770.00
N28
Imported Top Soil
CY
300
$27.47
$8,241.00
N29
Baled Straw Ditch Check (E -l)
EA
25
531.07
5776.75
N30
Baled Straw Filter Barrier (E-2)
EA
50
531.07
$1,553.50
N31
Silt Fence (E-3)
LF
400
$3.42
51,368.00
N32
Drop Inlet Silt Fence (E-6)
EA
11
$141.95
$1,561.45
N33
Thermoplastic Pavement Marking White or Yellow (6")
LF
6,400
$0.55
53,520.00
N34
Thermoplastic Pavement Marking Yellow (12" Diagonal)
LF
300
56.60
$1,980.00
N35
Thermoplastic Pavement Marking White (18")
LF
760
58.80
56,688.00
N36
Thermoplastic Pavement Marking White (24")
LF
150
$40.65
511.00
S15
51,650.00
TN
N37
Thermoplastic Pavement Marking (Arrows)
EA
14
$165.00
$2,310.00
N38
Standard Signs
SF
6.25
538.50
5240.63
N39
Slurry Seal
SY
3,000
51.50
$4,500.00
North Section - Construction Cost:.
`
+,. 5482,424.44
5656.91
51,313.82
S19
South Section of Old Missouri Road
Item
No.
Description
Unit
Estimated
Quantity
Unit
Price
Extended
Price
SI
Mobilization
LS
1
$19,697.73
519,697.73
S2
Construction Staking
LS
1
$7,426.56
57,426.56
S3
Maintenance of Traffic
LS
1
$9,028.52
59,028.52
S4
Demolition
LS
1
518,610.70
518,610.70
S5
Excavation Safety
LS
1
$606.25
5606.25
56
Clearing and Grubbing
LS
1
57,100.00
$7,100.00
S7
Cold Milling Asphalt & Concrete Pavement
SY
1,055
53.58
53,776.90
S8
Unclassified Excavation
CY
790
$14.18
511,202.20
S9
Compacted Subgrade-Select Hillside Material (Borrow)
CY
650
516.88
510,972.00
SI0
Borrow (Unclassified Fill)
CY
500
$13.89
56,945.00
Sll
Undercut and Backfill
CY
300
$18.54
S5,562.00
512
6" Aggregate Base Course (Class 7)
TN
500
522.24
511,120.00
513
Concrete Curb and Gutter
LF
2,150
$8.92
519,178.00
S14
ACHM Binder Course (Type 2)
TN
380
$40.65
515,447.00
S15
2" ACHM Surface Course (Type 2)
TN
455
$43.98
520,010.90
S16
18 -inch Reinforced Concrete Pipe (RCP)
LF
295
$43.34
512,785.30
517
24 -inch Reinforced Concrete Pipe (RCP)
LF
4
$231.94
5927.76
SI8
18 -inch Flared End Section (FES) (RCP) w/ Curtain Wall
EA
2
5656.91
51,313.82
S19
24 -inch Flared End Section (FES) (RCP) w/ Curtain Wall
EA
1
51,333.15
51,333.15
Old Missouri Road Improvements, North & South Sections
City of Fayetteville
Engineering Division
April 26, 2004
Page 00500-3
•
•
S20
Drop Inlet (Type 'C' 4'x4' or 'MO' 4' Dia.)
EA
5
$3,514.75
$17,573.75
S21
Drop Inlet Extension (8)
EA
4
$1,145.01
$4,580.04
S22
Concrete Swale w/ 3' Flat Bottom, 2:1 side slopes, 1' deep
LF
140
$32.28
$4,519.20
S23
Adjust Water Valve to Finished Grade
EA
3
5270.29
$810.87
S24
Relocate Water Meter
EA
1
$1,578.52
$1,578.52
S25
Modular Block Retaining Wall (3 ft. max. height)
SF
SA
150
$37.50
$5,625.00
S26
Concrete Sidewalk (4") w/ Agg. Base (4")
SY
470
$32.04
$15,058.80
S27
Concrete Access Ramp (4") w/ Agg. Base (4")
SY
20
$94.72
$1,894.40
S28
Detectable Warning Surfaces
SF
48
$58.30
$2 798 40
529
Concrete Driveway (6") w/ Agg. Base (6')
SY
176
$34.58
$6;086.08
S30
Seeding and Mulching
AC
0.40
$9,625.00
$3,850.00
S31
Solid Sodding
SY
460
$3.85
$1,771.00
S32
Imported Top Soil
CY
260
$25.30
$6,578.00
S33
Baled Straw Ditch Check (E-1)
EA
40
$29.32
$1,172.80
S34
Silt Fence (E-3)
LF
310
$2.98
$923.80
S35
Drop Inlet Silt Fence (E-6)
EA
5
$162.17
$810.85
S36
Erosion Control Mat (Miramat TM8 or equal)
SF
200
$7.98
$1,596.00
S37
Thermoplastic Pavement Marking White or Yellow (6")
LF
3,910
$0.55
$2,150.50
S38
Thermoplastic Pavement Marking Yellow (12" Diagonal)
LF
220
$6.60
$1,452.00
S39
Thermoplastic Pavement Marking White (24")
LF
120
$11.00
$1,320.00
S40
Thermoplastic Pavement Marking (Arrows)
EA
6
$165.00
$990.00
S41
4" Schedule 40 PVC Conduit
LF
140
57.82
$1,094.80
S42
Meter Loop/Pedestrian Sign Relocation
LS
1
$3,850.00
$3,850.00
South
SectionConstruction Cost:
"$271,128.60
Grand Total Construction Cost.
North Section + South Section
=.
$753,553.04
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations
of actual quantities and classifications are to be made by ENGINEER 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 shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as
modified in the Supplementary Conditions. Applications for Payment will be processed by ENGINEER 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's Applications for Payment as recommended by ENGINEER, 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.
Old Missouri Road Improvements, North & South Sections
City of Fayetteville
Engineering Division
April 26, 2004
Page 00500-4
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below, but, in case, less the aggregate of payments previously made and less
such amounts as ENGINEER 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 ENGINEER, and if the character and
progress of the Work have been satisfactory to CITY .OF FAYETTEVILLE and
ENGINEER, CITY OF FAYETTEVILLE, on recommendation of ENGINEER, 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 to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less
such amounts as ENGINEER 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
I4.07.B & C of the General Conditions, CITY OF FAYETTEVILLE shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraphs 14.07.B & C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce CITY OF FAYETTEVILLE to enter into this Agreement MOBLEY makes the following
representations:
6.1. MOBLEY 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 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. MOBLEY 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 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 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 is entitled to rely as provided in paragraph 4.02 of the General
Conditions.
Old Missouri Road Improvements, North & South Sections
City of Fayetteville
Engineering Division
April 26, 2004
Page 00500-5
• •
MOBLEY acknowledges that such reports and drawings are not Contract Documents and may not be
complete for MOBLEY's purposes. MOBLEY acknowledges that CITY OF FAYETTEVILLE and
ENGINEER 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 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 and
safety precautions and programs incident thereto. MOBLEY 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. MOBLEY 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 has correlated the information known to MOBLEY, 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 has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies
that MOBLEY has discovered in the Contract Documents and the written resolution thereof by ENGINEER
is acceptable to MOBLEY and the Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and fumishing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE and MOBLEY
conceming the Work consist of the following:
7.1. This Agreement (pages 1 to 8, 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 prior to Notice of Selection (Exhibit D).
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 12 inclusive).
7.9. Specifications consisting of Divisions 1 through 16 as listed in table of contents thereof.
7.10. Addenda number 1.
7.11. One set of drawings (not attached hereto) consisting of a cover sheet and additional sheets
numbered 1 through 43 with each sheet bearing the following general title:
Old Missouri Road Improvements, North & South Sections
Old Missouri Road Improvements, North & South Sections
City of Fayetteville
Engineering Division
April 26, 2004
Page 00500-6
• •
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.
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 maybe 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 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 OF FAYETTEVILLE contracts 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 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.
8.7. This contract must be interpreted under Arkansas Law.
Old Missouri Road Improvements, North & South Sections
City of Fayetteville
Engineering Division
April 26, 2004
Page 00500-7
APR -28-2004 WED 03:28 PM MO0EY CONTRACTORS
64/28/2084 16:03 479-5, -9252
FAX NO. 4772 2285 P. 01
ENGINEERING C.O.F. PAGE 11
IN Wr NE; S WHEREOF, CITY OF FAVETTEVILLE and MOBLEY have signed this Agreement in
quad up!ica:a. Cate counterpart each Inas been delivered to CITY OF FAYETTEVILLE and ENGINEER, and two
counterparts hav- been delivered tc.MOBLEY. Alt portions oftheContract Documentshave been signed, initialed,
or ident:fted by CITY OF FAYETTEVILLE and MOBLEY or identified by ENGINEER on their behalf.
This Agreement will be effective on • , 2004 (which is the Effective Date of the
Agreement).
OWNER Citv of Fayetteville _
CONTRACTOR: Mobley contractors, Inc.
By B
Mayor Dan Coody
Vice Pr -3r en
Title
[CORPORATE SEAL] [CORPORATE SEAL]
Attest ' Attest
' If a Corporation, attest by the Secretary.
Address for giving notices Address for giving notices
(If OWNER is apublic body, attach
evidence of authority to Sign and
resolution or other documents
authorizing execution ofAgreenient.)
License No.
Agent for service of process:
(Tf CONTRACTOR is a corporation, attach
evidence of authority to sign)
-..e.,.a,,W-1•2=3:••=1:4•...
Old Mirsomi Road Improvements, North Sr South Sections
City of vayencville
Engineering Division
[o�t���i2SVL� n
a'i I )
APR 2 8 2004
April 26, 2004
Page 00500.8
• •
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and MOBLEY have signed this Agreement in
quadruplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and ENGINEER, and two
counterparts have been delivered to MOBLEY. All portions of the Contract Documents have been signed, initialed,
or identified by CITY OF FAYETTEVILLE and MOBLEY or identified by ENGINEER on their behalf.
This Agreement will be effective on 2004 (which is the Effective Date of the
Agreement).
OWNER: City of Fayetteville CONTRACTOR: Mobley Contractors, Inc.
By: By:
Mayor Dan Coody Ron F. Mobley, Jr.
Vice President
Title
[CORPORATE SEAL] [CORPORATE SEAL]
Attest * Attest
* If a Corporation, attest by the Secretary.
Address for giving notices Address for giving notices
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
License No.
Agent for service of process:
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
Old Missouri Road Improvements, North & South Sections
City of Fayetteville
Engineering Division
April 26, 2004
Page 00500-8
Mayor: Department Director: Purchasing Manager:
Finance & Internal Services Director: Budget Manager: IT Manager:
Dispatch Manager: Utilities Manager: Other:
. 0 CO J 0) 0 A tJ We ...
N
3
Requester:
Paul Libertint
City:
Springdale
Address:
705 Hatcher Road
Vendor #:
2570
City Of Fayetteville
(Not a Purchase Order)
Special Instructions:
Return PO to Engineering___
Shipping/Handling
Construction Contract for
Old Missouri Road
Improvements, North &
South Sections, Bid #04-30
0
m
N
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t.
9
0
Quantity
Vendor Name:
Mobley Contractors, Inc.
Lot
Unit of Issue
State:
AR
Unit Cost
00'04
M
O
O
M
O
O
M
O
O
M
O
O
M
O
0
M
O
O
Si
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404
O
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30.00
M
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A
Extended Cost
4470.9470.5809.00
Account Numbers
Requester's Employee #:
1516
Zip Code:
72764-8464
Fob Point:
Ship to code:
90
Subtotal: $753,553.04
Tax: $0.00
Total: $753,553.04
03007.20
Project/Subproject #
Extension:
419
Divison Head Approval:
{ y
CO O1
N X
I C
0
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Ix
Mail
Yes: No: X
P.O Number:
Requisition No.:
[Inventory #
Quotes Attached
Yes: No:
rxpected Delivery Date:
Date:
4/26/2004
T
X
CD
0.
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it
•
• •
CITY OF FAYETTEVILLE
OLD MISSOURI ROAD IMPROVEMENTS
NORTH & SOUTH SECTIONS
BID # 04-30
ADDENDUM #1
This Addendum #1 makes changes to the Bidding Requirements and Specifications. This Addendum #1 consists of
Pages AD1-1 thru AD1-2. Should there be any conflicts between the previous Plans and/or Specifications and this
addendum, this addendum supersedes those documents.
CHANGES TO THE BIDDING REQUIREMENTS:
Section 00300 — BID FORM
Page 00300-6, Insert Additional Bid Item N39, as follows, and include the cost in the subtotal for the
"NORTH SECTION" BASE BID:
N39 3,000 Sq Yd Slurry Seal
dollars ($ )/SY $
amount written in words in figures in figures
CHANGES TO THE SPECIFICATIONS:
Section 01025 - MEASUREMENT AND PAYMENT
Page 01025-15, Add the following paragraph:
00. Slurry Seal (Pay Item N39)
.1. Description - Furnish and install slurry seal over the existing pavement of Old Missouri Road which
is currently outside the project limits. It is intended to seal the remaining existing asphalt surface on
Old Missouri Road which is not scheduled for any improvements. Slurry seal shall comply with
AHTD Standard Specifications for Highway Construction, Section 418, Slurry Seal (2003 Edition).
2. Incidental Items - Mineral aggregate, mineral filler, asphalt emulsion, tack coat (if used), field control
additives; designing the mixture (including trial mixtures required); performing quality control and
acceptance sampling & testing; preparation of the surface; heating, mixing, hauling, placing, and
finishing; and for all labor, equipment, tools, materials, and incidentals necessary to complete the
work.
3. Related Items - None.
4. Units and Measurement - Payment shall be at the unit price per square yard of slurry seal famished,
installed, and accepted by the Engineer.
5. Partial Payment Provisions - None.
•
Old Missouri Road Improvements, North & South Sections
City of Fayetteville
Engineering Division
April 13, 2004
Page ADI -1
• •
END OF ADDENDUM #1
The Bidder shall acknowledge receipt of the Addendum by return fax, as well as, by submitting a signed copy
with his Proposal and acknowledging receipt on Page 00300-1 of the Bid Form.
Acknowledged by:
Notes:
1. This addendum becomes a part of the bidding documents.
2. Revised Page 00300-6 and Page 01025-15 are included for your convenience.
Old Missouri Road Improvements, North & South Sections
City of Fayetteville
Engineering Division
April 13, 2004
Page ADI -2
•
Item Estimated
No. Quantity
N32 11
•
•
Unit Description of Item and Unit Price Bid
Each
Drop Inlet Silt Fence (E-6)
dollars
amount written in words
N33 6,400
Lin Ft
($ )/EA
in figures
Total Amount
Thermoplastic Pavement Marking White or Yellow (6")
dollars
amount written in words
N34 300
Lin Ft
($ )/LF
in figures
in figures
Thermoplastic Pavement Marking Yellow (12" Diagonal)
dollars
amount written in words
N35 760
Lin Ft
($
)/LF
in figures
Thermoplastic Pavement Marking White (18")
dollars
amount written in words
N36 150
Lin Ft
($
)/LF
in figures
Thermoplastic Pavement Marking White (24")
dollars
amount written in words
N37 14
Each
($
)/LF
in figures
Thermoplastic Pavement Marking (Arrows)
dollars
amount written in words
N38 6.25
Sq Ft
Standard Signs
dollars
amount written in words
N39 3,000
Sq Yd
Slurry Seal .
dollars
amount written in words
($
)/EA
in figures
($ )/SF
in figures
($ )/SY
in figures
in figures
in figures
in figures
in figures
in figures
in figures
in figures
"NORTH SECTION" BASE BID $
Old Missouri Road Improvements, North & South Sections
City of Fayetteville
Engineering Division
April 13, 2004
Page 00300-6
• •
NN. Meter Loop/Pedestrian Sign Relocation (Pay Item S42)
1. Description - Fumish and install all necessary equipment & materials to place existing overhead
electrical service underground, relocate existing ground mounted meter loop, and relocate
existing pedestrian sign & warning light, as indicated on the Drawings.
2. Incidental.ltems - Circuit breakers, electrical permits, coordination with local Utility, steel
conduit, conduit fittings, wiring, ground rod, testing, removal of existing utility pole, and all
equipment, materials, tools, labor, and any other item required to complete the work.
3. Related Items - PVC conduit shall be paid for under a separate pay item..
4.Units and Measurement - Payment shall be at the unit price per each Meter Loop/Pedestrian Sign
relocated, installed, tested, and accepted by the Engineer.
5. Partial Payment Provisions - None.
00. Slurry Seal (Pay Item N39)
1. Description - Furnish and install slurry seal over the existing pavement of Old Missouri Road
which is currently outside the project limits. It is intended to seal the remaining existing asphalt
surface on Old Missouri Road which is not scheduled for any improvements. Slurry seal shall
comply with AHTD Standard Specifications for Highway Construction, Section 418, Slurry Seal
(2003 Edition).
2. Incidental Items - Mineral aggregate, mineral filler, asphalt emulsion, tack coat (if used), field
control additives; designing the mixture (including trial mixtures required); performing quality
control and acceptance sampling & testing; preparation of the surface; heating, mixing, hauling,
placing, and finishing; and for all labor, equipment, tools, materials, and incidentals necessary to
complete the work.
3. Related Items - None.
4. Units and Measurement - Payment shall be at the unit price per square yard of slurry seal
famished, installed, and accepted by the Engineer.
5. Partial Payment Provisions - None.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
End of Section 01025
Old Missouri Road Improvements, North & South Sections
City of Fayetteville
Engineering Division
April 13, 2004
Page 01025-15
STAREVIEW FORM - FINANCIAL OBLIGATION
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: May 18,2004
FROM:
Paul Libertini
Engineering
Name Division
Comm. Planning & Engineering Svcs.
Department
ACTION REQUIRED: 1. Approval of a resolution awarding the construction contract in the amount of
$753,553.04 with Mobley Contractors, Inc. for the construction of Old Missouri Road, North & South Sections.
2. Approval of a project contingency in the amount of $133,032.96 which includes $113,032.96 (15%) for
unforseen project expenditures and variations in final quantities; and $20,000 for materials testing, in-house
management and inspection.
COST TO CITY:
$886,586.00 $ 1,330,000.00 Old Missouri Rd, N & S Sections
Cost of this request
4470.9470.5809.00
Account Number
Category/Project Budget Program Category / Project Name
$ - Street Improvements
Funds Used to Date Program / Project Category Name
03007.20 $ 1,330,000.00 Sales Tax Capital Improvements
Project Number Remaining Balance Fund Name
BUDGET RRjEVIEW
udget Manager
X Budgeted Item
9-zj 6!
Date
Budget Adjustment Attached
CONTRJCT/GRANT/LEASE REVIEW:
atn kM ag,7 X01 _42
ea
Accou 1.� Date
/7 /6'(
Cit ttorney Date
Internal Auditor
l v
Purchasing Manager
Date
4 -a,9 -o4
Date
STA COO ATION• recoreco mends approval of resolution and protect contingency.
f -25-44i Received in Mayor's Office
Division Head Date
Department Director
Finance & Internal Services Dir.
Chief k6Sii'nrstra ive Officer
933-oy
Date
44C1 -
Date
Dat
Mayor
Date
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item: Yes X
Date&r
No
Clarice Pearman - Re: Mobley Contractor.
From: Paul Libertini
To: Pearman, Clarice
Date: 5/21/04 8:20AM
Subject: Re: Mobley Contractors
Six (6) original agreements are being mailed to Mobley today for his signature and corporate seal. We are
also requesting that he submit his payment bond, performance bond, and certificate of insurance. When
we receive all these originals, they will be assembled in the Project Manual booklet, and then carried up to
your office for the Mayor's signature. Hopefully, Mobley can get the requested docs back to us by the end
of next week (Friday, May 28th).
Thanks.
Paul
»> Clarice Pearman 05/20/04 05:40PM »>
The City Council passed a resolution for this item on May 18th. It does not have a signed contract
attached. Please let us know when we might expect that signed contract. This item cannot continue the
resolution process until the contract is received.
Thanks.
Clarice
CC: Conklin, Tim, Petrie, Ron
Page 11
Clarice Pearman - Mobley Contractors Page 1
From: Clarice Pearman
To: Libertini, Paul
Subject: Mobley Contractors
Just a reminder that I'm still waiting on agreements from Mobley for Res. No. 79-04. Please let me know
the status.
Thanks.
Clarice
lance Pearman - Re: Mobley Contractor Pa
•
e1
From: Paul Libertini
To: Pearman, Clarice
Date: 6/2/04 3:46PM
Subject: Re: Mobley Contractors
I just called Mobley today. His secretary has just returned from vacation. The documents were put in the
mail today. I should receive by this Friday and then I need a day to put the books together. Thanks.
»> Clarice Pearman 06/02/04 03:36PM »>
Just a reminder that I'm still waiting on agreements from Mobley for Res. No. 79-04. Please let me know
the status.
Thanks.
Clarice
FAYETT&ILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
DEPARTMENTAL CORRESPONDENCE
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
To: Paul Libertini
Engineering Division
From: Clarice Buffalohead-Pearman 64)
City Clerk Division
Date: June 14, 2004
Re: Resolution 79-04
The City Council passed a resolution, May 18, 2004, approving an agreement with Mobley Contractors.
This memo is to confirm that you pick up five originals of the project manual signed by the mayor and city
clerk. Attached is a copy of the resolution.
The resolution with attachments will be recorded in the city clerk's office and microfilmed. If anything
else is needed please let the clerk's office know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
Project Manual
avaitallandsk
P",c\.v Firn rI f L L _
CITY OF FAYETTEVILLE
ARKANSAS
Old Mssouri and .improuements
North. &south Sections
BID # 04-30
April 2004
orenema- n - i2_
AR ANSA
REGISTERED
PROFESSIONAL
ENGINEER
INo
7 .9804 ='
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Oft
5¢
Project Manual
IP'.o v r E v
CITY OF FAYETTEVILLE
ARKANSAS
Old Missouri Road Improvements
North & South Sections
BID # 04-30
April 2004
Section No.
00005
00020
BIDDING REQUIREMENTS
Section 00005
TABLE OF CONTENTS
Old Missouri Road Improvements
North & South Sections
Title
Pages
Table of Contents 00005-1 to 00005-2
Advertisement for Bids 00020-1
00100 Instructions to Bidders
00300 Bid Form
00350 Bid Bond
00100-1 to 00100-8
00300-1 to 00300-13
00350-1 to 00350-3
CONTRACT FORMS AND CONDITIONS
00500 Agreement Form Between Owner & Contractor 00500-1 to 00500-6
Construction Performance Bond - Exhibit A 00500-7
Construction Payment Bond - Exhibit B 00500-8
Certificates of Insurance - Exhibit C 00500-9
Notice to Proceed 00500-10
00700 General Conditions 1 to 42
00800 Supplementary Conditions 00800-1 to 00800-12
SPECIFICATIONS
Division 1 - General Requirements
01010 Summary of Work 01010-1 to 01010-2
01025 Measurement and Payment 01025-1 to 01025-15
01027 Applications for Payment 01027-1 to 01027-2
01035 Modification Procedure 01035-1 to 01035-3
01040 Coordination and Meetings 01040-1 to 01040-3
O 1051 Construction Surveys 01051-1 to 01051-2
O 1060 Regulatory Requirements 01060-1 to 01060-3
01090 Reference Standards and Abbreviations 01090-1 to 01090-3
01300 Submittals 01300-1 to 01300-3
O 1310 Progress Schedules 01310-1 to 01310-2
01410 Testing Laboratory Services 01410-1 to 01410-3
01500 Construction Facilities & Temporary Controls ..... 01500-1 to 01500-4
01620 Storage and Protection 01620-1 to 01620-2
01630 Product Options and Substitutions 01630-1 to 01630-2
01700 Contract Closeout 01700-1 to 01700-5
Old Missouri Road Improvements, North & South Sections
City of Fayetteville
Engineering Division
April 2, 2004
Page 00005-1
Division 2 -
Site Work
02050 Demolition
02100 Site Preparation
02161 Excavation Safety
02220 Excavation and Embankment
02230 Road Bed Preparation
02261 Site Restoration
02270 Slope Protection and Erosion Control
02500 Asphaltic Cement Paving
02581 Thermoplastic Pavement Markings
02600 Pipelaying
02605 Utility Sleeves
02666 Potable Water Services
02720 Storm Sewer System
02840 Signage
02900 Landscaping
Division 3 - Concrete
02050-1 to 02050-2
02100-1 to 02100-3
02161-1 to 02161-1
02220-1 to 02220-9
02230-1 to 02230-5
02261-1 to 02261-5
02270-1 to 02270-3
02500-1 to 02500-5
02581-1 to 02581-4
02600-1 to 02600-5
02605-1 to 02605-2
02666-1 to 02666-3
02720-1 to 02720-3
02840-1 to 02840-3
02900-1 to 02900-9
03210 Reinforcing Steel 03210-1 to 03210-3
03316 Miscellaneous Concrete Work 03316-1 to 03316-10
End of Section 00005
Old Missouri Road Improvements, North & South Sections
City of Fayetteville
Engineering Division
April 2, 2004
Page 00005-2