HomeMy WebLinkAbout227-09 RESOLUTIONRESOLUTION NO. 227-09
A RESOLUTION TO APPROVE AN AGREEMENT BETWEEN THE CITY
OF FAYETTEVILLE AND SWEETSER CONSTRUCTION, INC. FOR THE
CONSTRUCTION OF DOC MASHBURN PARK IN THE AMOUNT OF
$64,199.00 PLUS A 15% CONTINGENCY OF $9,630.00
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 approves
an agreement between the City of Fayetteville and Sweetser Construction, Inc. for the
construction of Doc Mashburn Park in the amount of $64,199.00 plus a 15% contingency of
$9,630.00.
PASSED and APPROVED this 17th day of November, 2009.
APPROVED:
By:
ATTEST:
A/A-- By: OAAOL0-) 11171:6`")
LIONELD JO , Mayor SONDRA E.$I��yjty Clerk/Treasurer
``
.• �n
• •%3-
E :FAYETTEVILLE:
%,9�,y11? NSPoJ •'`�
AGREEMENT
BETWEEN CITY OF FAYETTEVILLErAND CONTRACTOR 11
THIS AGREEMENT is dated as of the 'day of in the year 2009 by and
between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and
Sweetser Construction, Inc. (herein after called CONTRACTOR).
CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The work generally consists of the construction and installation of a 20' square pavilion with two
picnic tables, one bike rack, an entry sign, sidewalks for ADA accessibility to the new amenities
and one ADA parking space. Additionally, the project includes all associated site preparation,
grading, drainage improvements and site restoration at Doc Mashburn Park and all items
indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by:
City of Fayetteville Parks and Recreation Department
1455 South Happy Hollow Road
Fayetteville, Arkansas 72701
will be hereinafter called PARKS AND RECREATION DEPARTMENT 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 Construction of Doc Mashburn Park shall be substantially completed
within 90 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 14.07.6 & C of the General
Conditions within 130 consecutive calendar days after the date when the Contract Time
commences to run.
3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR 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
Bid #09-64, Construction of Doc Mashburn Park Agreement Page 1 of 7
1
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR 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 CONTRACTOR shall neglect, refuse or fail to complete the remaining
Work within the time specified in paragraph 3.1 for completion and readiness for final
payment or any proper extension thereof granted by CITY OF FAYETTEVILLE,
CONTRACTOR 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 CONTRACTOR for completion of the Work in
accordance with the Contract Documents an amount in current funds equal to the sum of
the amounts determined from the 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
Sweetser Construction, Inc.
ITEM#
DESCRIPTION
UNIT
EST. OTY.
UNIT PRICE
TOTAL
1
Mobilization (not to exceed 5% of pro e 3 bid)
L.S.
1.00
51,800.00
51,800.00
2
Site Preparation - including erosion control, concrete washout and construction entranoe
L.S.
1.00
54500.00
54,500,00
3
Grading - including approx. 170 CY of excavation and all drainage improvements on west side
of site
L.S.
1.00
55,350.00
55,350.00
4
Concrete Sidewalk (4" Thickness) • complete in place per deSalts
S.Y.
161,00
63600
55,798.00
5
Demolition, Disposal & Replacement of Existing Concrete ADA Ramp (approx. 3.5 SY) and
Four Sections of Concrete Sidewalk (approx. 9 SY) - including detectable warning
L.S.
1.00
51,170.00
51 170,00
6
Concrete Pavilion Slab (5" Thickness) - complete in place per details
S.Y.
55.00
544.00
$2420,00
7
20' Square Pavilion - complete in place per manufacturers instructions
E.A.
1.00
515,500.00
515,500.00
8
TPicnictables- completeinplacepermanufacturersinstrucsons
E.A.
2.00
51,600.00
53,200.00
9
Entry Sign • complete in place per details
L.S.
1.00
56,600.00
56,600.00
10
Concrete ADA Accessible Parking Space - complete in place per details
L.S.
1.00
58,323.00
58,323.00
11
Bike Rack - complete in place per details and manufacturers instructions
E.A.
1.00
5600.00
5600.00
12
Site Restoration - including topsoil, fescue seed & straw
A.C.
1.15
65,600.00
56,440.00
13
Detention Area Restoration - including straw whatties and erosion matting
L.S.
1,00
52,500-00
52,500.00
TOTAL CONTRACT AMOUNT 564,999.00
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 DEPARTMENT 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.
Bid #09-64, Construction of Doc Mashburn Park Agreement Page 2 of 7
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions or as modified in the Supplementary Conditions. Applications for Payment
will be processed by PARKS AND RECREATION DEPARTMENT 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 CONTRACTOR's Applications for Payment
as recommended by PARKS AND RECREATION DEPARTMENT 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, Tess the aggregate
of payments previously made and less such amounts as PARKS AND
RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF
FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.6.5 & 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 DEPARTMENT PROJECT MANAGER, and if
the character and progress of the Work have been satisfactory to CITY OF
FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT
PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of
PARKS AND RECREATION DEPARTMENT 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 14.02.6.5 &
14.02.D of the General Conditions. That is, if any such items are setup for
that type payment in the Specifications.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total
payments to CONTRACTOR to 98 percent of the Contract Price (with the balance
of 2 percent being retainage), Tess such amounts as PARKS AND RECREATION
DEPARTMENT 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.
5.2. 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
Bid #09-64, Construction of Doc Mashburn Park Agreement Page 3 of 7
the remainder of the Contract Price as recommended by PARKS AND RECREATION
DEPARTMENT PROJECT MANAGER as provided in said paragraphs 14.07.E & C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR
makes the following representations:
6.1. CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in Article 7) and the other related data identified in the
Bidding Documents including "technical data."
6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local, and site conditions that may affect cost, progress, performance, or
furnishing of the Work.
6.3. CONTRACTOR 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. CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR is entitled to rely as provided in
paragraph 4.02 of the General Conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION
DEPARTMENT 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. CONTRACTOR 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 CONTRACTOR and safety
precautions and programs incident thereto. CONTRACTOR 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. CONTRACTOR 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. CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the site, reports and drawings identified in the
Bid #09-64, Construction of Doc Mashburn Park Agreement Page 4 of 7
Contract Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Contract Documents.
6.7. CONTRACTOR has given PARKS AND RECREATION DEPARTMENT PROJECT
MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents and the written resolution
thereof by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER is
acceptable to CONTRACTOR 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 CONTRACTOR 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. General Conditions (pages 1 to 42, inclusive).
7.5. Supplementary Conditions (pages 1 to 13 inclusive).
7.6. Specifications consisting of Divisions 1 through 31 as listed in table of contents
thereof.
7.7. Addenda numbers 1 and 2, inclusive.
7.8. One set of drawings (not attached hereto) consisting of: a cover sheet and
additional sheets numbered two through seven with each sheet bearing the
following general title: Construction of Doc Mashburn Park.
7.9. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto:
7.9.1. Notice to Proceed
7.9.2. 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.
Bid #09-64, Construction of Doc Mashburn Park Agreement Page 5 of 7
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 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 CONTRACTOR 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, CONTRACTOR 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.
Bid #09-64, Construction of Doc Mashburn Park Agreement Page 6 of 7
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this
Agreement in quadruplicate. One counterpart each has been delivered to CITY OF
FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and
two counterparts have been delivered to CONTRACTOR. All portions of the Contract
Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and
CONTRACTOR or identified by PARKS AND RECREATION DEPARTMENT PROJECT
MANAGER on their behalf.
This Agreement will be effective on
Date of The Agreement).
CITY OF FAYETTEVILLE:
2009 (which is the Effective
[CORPORATE SE1
RIVTREq''!.
1.6
V. .70
z ;FAYETTEVILLE:
.a.i
'�9s . kANS . J
Address for giving notices
I /3 tAL&t MgaidaL v
(Jakektaft. 7A 70/
*Attest
[CORPORATE SEAL]
* If a Corporation, atteby the Secretary.
Address for giving notices
SWEETSER CONSTRUCTION, INC.
590 W. POPLAR
FAYETTEVILLE, AR 72703
(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 CONTRACTOR is a corporation, attach evidence of authority to sign.)
Bid #09-64, Construction of Doc Mashburn Park Agreement Page 7 of 7
•
CORPORATE RESOLUTION
OF
BOARD OF DIRECTORS
OF
SWEETSER CONSTRUCTION
I, Sharon Sweetser, certify that I am the secretary and treasurer of
Sweetser Construction, 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 2r day of December 2004, 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 are set forth in the minutes of the meeting, namely:
"BE IT RESOLVED, by the board of directors of this corporation that:
That Billy Sweetser as President of the Corporation and Sharon Sweetser as
Secretary and Treasurer of the Corporation, are authorized to sign any and all contracts,
deeds, assurances or any document which may be proper to effectuate the negotiations or
transactions of the corporation.
That Billy 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 negations 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
force and effect.
I further certify that the names of all presently qualified and acting officers of the
corporation are as follows, and the genuine signature of those presently authorized to sign
for the corporation pursuant to the above resolutions appears below, identified by their
signature:
Billy Swee'er, President Sharon Sweetser, Stary/Treasurer
TN WITNESS WHEREOF, I have hereunto set my hand as Secretary of said
corporation and have affixed hereto the official seal of the corporation this day
of SOL-- d 7 , 2004.
L_s44..n
Secretary
Carole Jones
Subntfitte
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
11/17/2009
City Council Meeting Date
Agenda Items Only
Park Planning
Division
Action Required:
Parks and Recreation
Department
A resolution awarding Bid #09-64 and approval of a contract with Sweetser Construction, Inc. in the amount of
$64,199.00 with a 15.0% project contingency of $9,630.00 for a total project cost of $73,829.00 for the Construction
of Doc Mashburn Park.
73,829.00
Cost of this request
150,000.00
2250.9255.5806.00 $
Account Number
02013.0901
Project Number
Budgeted Item
X
Category / Project Budget
Neighborhood Park Dev.
Program Category / Project Name
242.08 Doc Mashburn Park
Funds Used to Date Program 1 Project Category Name
149,757.92 Parks Development
Remaining Balance Fund Name
Budget Adjustment Attached
4epartment Dire
)97on ,GvL) 10--ii-Oi
Date
16- 3J-o'k
Date
I.2o,7
Date
11-2.0
Date
City Attorney
Finan e and Internal Services Director
Chief
r
0,4AY'
Previous Ordinance or Resolution # 149- 06.) 106- a9
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office
tlog
cif ) 41
Comments:
Revised January 15, 2009
City Council Meeting of November 17, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To:
Thru:
Mayor Lioneld Jordan and City Council
Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
From: Carole Jones, Park Planner CA
Date: October 30, 2009
RE: Construction of Doc Mashbu i Park
RECOMMENDATION
A resolution awarding Bid #09-64 and approval of a contract with Sweetser Construction,
Inc. in the amount of $64,199.00, with a 15.0% project contingency of $9,630.00 for a
total project cost of $73,829.00 for the construction of Doc Mashburn Park.
BACKGROUND
Doc Mashburn Park contains 1.34 acres and is located at 1582 Fairlane Street east of
Fairlane Apartments. The park land is situated in the southeast quadrant of town south of
Huntsville Road and west of Happy Hollow Road. The park serves residents within a Y2 -
mile radius. Two public meeting were conducted to involve the neighborhood and assess
the community's needs and desires for amenities within the park. Based on the findings, a
park master plan that included a walking trail around the park perimeter, a pavilion, a
playground and a basketball court was designed by Park Staff and presented to the
neighborhood (see attached Conceptual Plan). PRAB approved the application request on
July 7, 2008. The plan was approved by the neighborhood and PRAB on August 4, 2008
(see attached PRAB minutes).
On August 5, 2008, the City Council passed Resolution Number 149-08 authorizing
Parks and Recreation to apply for a grant from Arkansas Department of Parks and
Tourism (see attached resolution). On May 19, 2009, the City Council passed Resolution
Number 106-09 authorizing Parks and Recreation to accept a grant from Arkansas
Department of Parks and Tourism in the amount of $50,000 (see attached resolution).
The development of the park was also approved in the 2008 Capital Improvement Plan.
Funding in the amount of $100,000 was approved from Neighborhood Park Development
funds. Because of the associated cost, the development of this park was phased. Phase I
includes the construction and installation of playground equipment for children ages 2-5
years and 5-12 years, a pavilion with two picnic tables, a bicycle rack, and associated
sidewalks.
DISCUSSION
The project was advertised on October 9 and October 16, and bids were opened on
October 28, 2009. Eight vendors including Sweetser Construction, Inc. Goodwin &
Goodwin, Inc., N.E.C., Inc., Alpha Building Corporation, Danny Robinson Construction,
LLC, Benchmark Construction, Natural Builders, Inc., and Keith Capps Landscape &
Excavation, Inc. submitted bids. Sweetser Construction, Inc. was the low bid in the
Page 1 of 2
A
City Council Meeting of November 17, 2009
Agenda Item Number
amount of $64,199.00. If approved, the construction of the project is anticipated to begin
in December 2009 and be completed in May 2010.
BUDGET IMPACT
This project is funded with Neighborhood Park Development funds ($100,000) and
Arkansas Department of Parks and Tourism Outdoor Recreation Grant funds ($50,000).
Total project cost including a 15.0 % contingency is $73,829.00. The annual maintenance
cost for the developed park (1.34 acres) is anticipated to be $2,700.
Attachments:
Doc Mashburn Park (formerly called Fairlane Park Land) Conceptual Plan
PRAB Minutes July 7, 2008
PRAB Minutes August 4, 2008
Resolution No. 149-08
Resolution No. 106-09
Bid Tabulation Sheet
Contract Agreement Signed by Contractor
Purchase Requisition
Page 2 of 2
IF
RESOLUTION NO.
A RESOLUTION TO APPROVE AN AGREEMENT BETWEEN
THE CITY OF FAYETTEVILLE AND SWEETSER CONSTRUCTION,
INC. FOR THE CONSTRUCTION OF DOC MASHBURN PARK IN
THE AMOUNT OF $64,199.00 PLUS A 15% CONTINGENCY OF
$9,630.00
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 approves
an agreement between the City of Fayetteville and Sweetser Construction, Inc. for the
construction of Doc Mashburn Park in the amount of $64,199.00 plus a 15% contingency of
$9,630.00.
PASSED and APPROVED this 3rd day of November, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
II
DRAFT
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR
THIS AGREEMENT is dated as of the day of in the year 2009 by and
between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and
Sweetser Construction, Inc. (herein after called CONTRACTOR).
CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The work generally consists of the construction and installation of a 20' square pavilion with two
picnic tables, one bike rack, an entry sign, sidewalks for ADA accessibility to the new amenities
and one ADA parking space. Additionally, the project includes all associated site preparation,
grading, drainage improvements and site restoration at Doc Mashburn Park and all items
indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by:
City of Fayetteville Parks and Recreation Department
1455 South Happy Hollow Road
Fayetteville, Arkansas 72701
will be hereinafter called PARKS AND RECREATION DEPARTMENT 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 Construction of Doc Mashburn Park shall be substantially completed
within 90 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 130 consecutive calendar days after the date when the Contract Time
commences to run.
3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR 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
Bid #09-64, Construction of Doc Mashburn Park Agreement Page 1 of 7
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR 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 CONTRACTOR shall neglect, refuse or fail to complete the remaining
Work within the time specified in paragraph 3.1 for completion and readiness for final
payment or any proper extension thereof granted by CITY OF FAYETTEVILLE,
CONTRACTOR 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 CONTRACTOR for completion of the Work in
accordance with the Contract Documents an amount in current funds equal to the sum of
the amounts determined from the 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
SweetserConstruction, Inc.
ITEMit
DESCRIPTION
UNIT
EST. QTY.
UNIT PRICE
TOTAL
1
Mobilization (not to exceed 5% of project bid)
L.S.
1.00
51,800.00
51,800.00
2
Site Preparation - including erosion control, concrete washout and construction entrance
L.S.
1.00
54,500.00
84,500.00
3
Grading - including approx. 170 CY of excavation and all drainage improvements on west side
of site
L.S.
1.00
$5,350.00
55,350.00
4
Concrete Sidewalk (4" Thickness) - complete in place per details
S.Y.
161,00
536.00
55,796.00
5
Demolition, Disposal & Replacement of Existing Concrete ADA Ramp (approx. 3.5 SY) and
Four Sections of Concrete Sidewalk (approx. 9 SY) - including detectable warning
L.S.
1.00
51,170,00
81,170.00
6
Concrete Pavilion Slab (5" Thickness) - complete in place per details
S.Y.
55.00
544.00
52,420.00
7
20' Square Pavilion - complete in place per manufacturers instructions
E.A.
1.00
$15,500,00
$15,500.00
8
7' Picnic tables - complete in place per manufacturers instructions
E.A.
2.00
51,600,00
$3,200.00
9
Entry Sign • complete in place per details
L.S.
1.00
56,600.00
56,600.00
10
Concrete ADA Accessible Parking Space - complete in place per details
L.S.
1.00
58,323.00
$8,323.00
11
Bike Rack - complete in place per details and manufacturers instructions
E.A.
1.00
5600.00
5600.00
12
Site Restoration - including topsoil, fescue seed & straw
A.C.
1,15
55,600.00
56,440.00
13
Detention Area Restoration - including straw whattles and erosion matting
L.S.
1.00
52,500.00
$2,500.00
TOTAL CONTRACT AMOUNT $64,199.00
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 DEPARTMENT 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.
Bid #09-64, Construction of Doc Mashburn Park Agreement Page 2 of 7
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions or as modified in the Supplementary Conditions. Applications for Payment
will be processed by PARKS AND RECREATION DEPARTMENT 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 CONTRACTOR's Applications for Payment
as recommended by PARKS AND RECREATION DEPARTMENT 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, Tess the aggregate
of payments previously made and less such amounts as PARKS AND
RECREATION DEPARTMENT 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 DEPARTMENT PROJECT MANAGER, and if
the character and progress of the Work have been satisfactory to CITY OF
FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT
PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of
PARKS AND RECREATION DEPARTMENT 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 CONTRACTOR to 98 percent of the Contract Price (with the balance
of 2 percent being retainage), less such amounts as PARKS AND RECREATION
DEPARTMENT 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.
5.2. 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
Bid #09-64, Construction of Doc Mashburn Park Agreement Page 3 of 7
the remainder of the Contract Price as recommended by PARKS AND RECREATION
DEPARTMENT PROJECT MANAGER 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 CONTRACTOR
makes the following representations:
6.1. CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in Article 7) and the other related data identified in the
Bidding Documents including "technical data."
6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local, and site conditions that . may _ affect cost, _progress, performance, or
furnishing of the Work.
6.3. CONTRACTOR 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. CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR is entitled to rely as provided in
paragraph 4.02 of the General Conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION
DEPARTMENT 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. CONTRACTOR 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 CONTRACTOR and safety
precautions and programs incident thereto. CONTRACTOR 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. CONTRACTOR 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. CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the site, reports and drawings identified in the
Bid #09-64, Construction of Doc Mashburn Park Agreement Page 4 of 7
Contract Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Contract Documents.
6.7. CONTRACTOR has given PARKS AND RECREATION DEPARTMENT PROJECT
MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents and the written resolution
thereof by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER is
acceptable to CONTRACTOR 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 CONTRACTOR 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. General Conditions (pages 1 to 42, inclusive),
7.5. Supplementary Conditions (pages 1 to 13 inclusive).
7.6. Specifications consisting of Divisions 1 through 31 as listed in table of contents
thereof.
7.7. Addenda numbers 1 and 2, inclusive.
7.8. One set of drawings (not attached hereto) consisting of: a cover sheet and
additional sheets numbered two through seven with each sheet bearing the
following general title: Construction of Doc Mashburn Park.
7.9. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto:
7.9.1. Notice to Proceed
7.9.2. 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.
Bid #09-64, Construction of Doc Mashburn Park Agreement Page 5 of 7