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HomeMy WebLinkAbout99-73 RESOLUTION• a: n • RESOLUTION NO. 0? -73 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract with Heckathorn Construction Company for the construction of seven (7) park sites. A copy of thsicontract marked Exhibit "A" is attached hereto and made 'a part `hereof. PASSED AND APPROVED THIS ] .DAY OF akethher1973. ATTEST: I APPROVED: %Lutz A'-ef /99 FAYETTEVILLE PARKS PROJECT FAYETTEVILLE, ARKANSAS PLANS No. 72-233 ,August, 1973 McClelland Consulting Engineers,'Inc. Fayetteville, Arkansas McCLELLAND CONSULTING ENGINEERS , INC 1 • PROPOSAL for FAYETTEVILLE PARKS IMPROVEMENTS PARKS AND RECREATION DEPARTMENT • To the Poard of Directors City of Fayetteville Fayetteville, Arkansas Gentlemen: CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS Plans No. 73-233 Dated' August, 1973 The undersigned Don L. Heckathorn of Heckathorn Construction Coanv , states that he has carefully examined the plans, profiles, specifications, maps and drawings, relative to the proposed Parks Project, Fayetteville, Arkansas, as set out in the title of this Proposal, that he is familiar with the same and understands each and all; has examined the location and site; that all bids are made with the full knowledge of the difficulities and conditions that may be encountered, the kind, quantity and quality of the plans, work to be done, excavation, equipment and materials required, and with the full knowledge of the plans, profiles, specifications and estimates and all pro- visions of the contract and bonds; that this Proposal is made without collu- sion on the part of any person, firm or corporation, and that he has not divulged the information contained in the Proposal to any person whomsoever, except those having a partnership or other financial interest with him in the Proposal. He further states that he will enter into a contract to construct said improvements in accordance with the specifications, and have same com- pleted within 120 calendar days from the date of the Notice to Proceed for the unit and lump sum prices set out below. M CLELLAND CONSULTING ENGINEERS , INC. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .1 PROPOSAL SCHEDULE Unit , Unit No. Quantity Item Price Extended' ASBELL PARK A 1 Lump Sum Grading $_ $ 789.00 Seven Hundred, Eighty Nine dollars L.S. 'words A 2 .Lump Sum 18" RCP Culvert @ Park Lot $ $ 186.00 One Hundred Ei htSix dollars L.S. words)y A 3 4 ea. Bleacher Units $ 852.00 ea. $ 3408.00 Eight Hundred, Fifty two dollars ea. (words) A 4 2 ea. Dugouts, complete $ 2904.00 ea. . $ 5808.00 'No Thousand, Nine Hundred, Four dollars ea. words) A $ 2 sets Bases, Pitcher's Board, Home Plate $ 112.00 /set $ 224.00 One Hundred, Twelve dollars/set words) A 6 Lump Sum .12'.x.32' Back Stop $ $ R67 no Eight Hundred, Sixty Seven dollars L.S. (words A 7 Lump Sum 10' x 25' Pack Stop $ - $ 575.00 Five Hundred Seventy Five dollars L.S. (words) A 3 Lump Sum Concession Stand, complete w/restrooms $ $21,494.00 1\enty One Thousand, Four Hundred, Ninety Four dollars L.S. (words) A 9 2 ea. Benches $ 49.00 ea. $_ 98.00 Forty Nine dollars each (words) TT%-� CLELLAND CONSULTING ENGINEERS INC 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Al0 256 S.Y. Asphalt Paving $ 4.00 /S.Y. $ 1024:00 Pnnr dollars/S.Y. (words) All 670 ft.. 24" Conc. Curb &Gutter $ 3.75 /ft. $ 2512.50 . Three Dollars, Seventy Five 'cents/ft:. (words) • Al2 1270 ft. 4' Chain Link Fence, w/ gates $ 2.88 At. $ 3657.60 Two Doljars, Eighty Eight cents/ft.. (words) A13 Lump Sum Electrical Work $ $ 9828.00 Nine Thousand, Eiciht.Hundred, Twenty Eight dollars L.S. (words) A14 3 ea. Waste Receptacles $ 135.00ea. $ 405.00 One Hundred, Thirty Five dollars ea (words, A15 Lump Sum Inlet and 30'12" RCP $ 141.90L,.S.' $ 141.90 One Hundred Forty One and 90/100 dollars L.S. (cords) Sub -Total $ 51,018.00 BATES PARK B 1 Lump Sum 'Pavilion $ $ 23,057.00 Twenty Three Thousand, Fifty Seven dollars L.S. (words) - B 2 24 ft. 18" RCP Culvert $ 7.00/ft. $ 168.00 - Seven. dollars/ft. (words; B 3 120 ft. 12" RCP Culvert. $ 5.35 /ft. $` 642.00 • Five Dollars, Thirty Five .cents/ft.. (words) B 4 Lump Sum Excavation $ $ 300.00 - Three Hundred dollars L.S. (words) ITT -3 AS CLELLANO CONSULTING ENGINEERS . INC 1 B 5 Lump Sum 20 Creosoted Car Stops $ L.S. $ 230.00 • dollars L.S. .j;„ndrnrl, words B 6 1245 S.Y. SB -2 (6" thick) • $ 1.57 /S.Y. i$ 1954.65 Dollar Fift Seven Dents/S.Y.• _One (words B 7 . 3 each Benches' $ 49.00 ea. $ 147.00 . Forty Nine dollars ea. (words) B 8 6 each Picnic Tables $ 193.00ea. $ 1158.00 One Hundred Ninety Three dollars.ea. (words) B 9 3 each Waste Receptacles $ 135.00ea. $ 405.00 One Hundred, Thirty Five ' dollars ea. (words) B10 1 each No. 8006 Swing Set (Bergfeld) $ 395.00ea. • $ 395.00 Three Hundred; Ninety Five dollars ea. (words)` B11 1 each No. 950 Outdoor Muscle Man (Bergfeld) $ 420.O0ea. $ 420.00 Hundred, Four Hundred Twenty dollars ea. B12 Lump Sum Plantings around gas meter enclosure $ 35.00 $ 35.00 ' Thirty Five dollars L.S. (words) Sub -Total $ 28,911.65 BUTTERFIELD PARK Bu 1 Lump Sum Excavation & Drainage Swale $ $ 300.00 Three Hundred dollars L.S. (words) Bu 2. 1 each 10' x 25' Back Stop $ • ea. $ 575.00 Five Hundred, Seventy Five dollars ea. (words) TII-4 M CLELLAND CONSULTING ENGINEERS INC. • Bu 3 Lump Sum Dead tree, limbs & stumps removal $ 230.00 $ 230.00 No Hundred, Thirty dollars L.S. (words\ flu 4 2 each Picnic Tables $ 193.00ea. $ 386.00 One Hundred, Ninety Three dollars ea. (words), Bu 5 Lump Sum Pavilion $ $ 23,057.00 Twent Three Thousand, Fifty Seven dollars L.S. word • ' Bu 6 1 each Waste Receptacle $ 135.00 ea. $ 135.00 One Hundred, Thirty Five dollars ea. (words) Bu 7 2 each No. 2108 Benches $ 98.00 ea. $ 196.00 Ninety Eight ' dollars ea. (words) Bu 8 3 each No: 3138 Benches $ 71.00 ea. $ 213.00 Seventy One dollars ea. (words) Bu 9 8 each Hard Maple Trees $, 56.00 ea. $ 448.00 Fifty Six dollars ea. (words) Bu10 1 each No. 657 Eagle's Perch $ 619.00 ea. $ 619.00 Six Hundred, Nineteen dollars ea. words) Bull 1 each No. 1084 Triple Duty Swing $ 427.00 ea. $ 427.00 Four Hundred, Twenty Seven dollars ea. (words) . Bu12 1 each No. 2.017 Slide 561.00 ea. 4$ 561.00 Five Hundred, Sixty One dollars ea. "' (words) Bu13 1 each No. 343 Tether ball $ 65.00 ea. $ 65.00 Sixty Five dollars ea. (words) IIT -5 cCLELLAND CONSULTING ENGINEERS _ INC Bu14 2 each No. D33-2RDCT Crawl/ Slide $ 185.00 $ 370.00 -ea. On�Htindr5�d_ Fid dollars ea. ords Sub -Total $ 27,582.00 HAPPY HOLLOW PARK H 1 Lump Sum Clearing and Undergrowth Clearing $ 300.00 $ 300.00 ihr� dollars L.S. wor� H 2 Lump Sum Excavation $_200.00 $ 200.00 B'o Hundred dollars L.S. words H 3 Lump Sum Pavilion & Covered Walk- way $ 28,767.00 $ 28,767.00 Twenty Eight Thousand, Seven - dollars L.S. S Jiundred, words H 4. 4 each Picnic Tables $ 193.,00ea• $ 772.00 One Hundred, Ninety Three dollars ea. (words) H 5 2"each Waste Receptacles $ 135.00ea. $ 270.00 One Hundred Thirty Five • dollars ea. (words) H6 1 each No. 1084 Swing $ 427.00ea. $ 427.00 • is. -• i„ e -I dollars ea. words 1• H 7 1 each No. 2017 Slide $ 561.00ea. $ 561.00 • 1 1 :,. ' ,Aft •t- dollars ea. words H 3 1 each No. 343 Tetherball $ 65.00ea. $ 65.00 Sixty Five dollars ea. (words) N 9 1 each No. 53 Health Ladder $ 167 00ea. $ 167.00 one Rundrnri, Si,zt- Snvnn- dollars ea. (words) TII-6 CLELLAND CONSULTING ENGINEERS - INC' • H10 1 each No. D83-2RDCT Crawl/ Slide $ 185-O0...ea• $ 185.00 One Hianflred dollars ea. 77-�'77``� (words Sub-Total $ 31.714.00 JEFFERSON PARK J 1 Lump Sum Excavation 250.00 250.00 I31tWomr y dollars L.S. i(wordsl) J 2 Lump Sum ' Pay.ilion$ 3,057 00 $23.057 00 duty Thre hol] dollars L.S. b1nt1,_Fifiy Seven (words) J 3 Lump Sum Remove dead limbs and back stops (2) $ 150.00 $ 150.00 One Hundred Fiftydollars L.S. (words) J 4 Lump Sum Chain Link Pedestrian Gate $ 60.00. $ 60.00 Sixty dollars L.S. - Cwords J 5 Lump Sum 10' x 25' Back Stop $ 575.00 $ 575.00 - .. . -. enty Five dollars L.S. words J 6 1 set Eases, Pitcher's Board, Home ?late $ 112.00 $ 112.00 One H eve dollars words) J 7 2 each No. 3138 ?enches $ 49.00ea. $ 98.00 Fc dollars ea: • words J 3 3 each Picnic Tables - $ 193.0Qea• $ 579.00 ..ene_Bundred. Nj y That dollars ea. (words) J 9 2 each Waste Receptacles $ 135.00ea. $ 270.00 ' One Hundred, Thirty Five dollars ea. • (words) anima I� L-� CI Ft 1 tun rnuent rur_.urrna __. • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 J10 2 each No. D33-2RDCT Crawl/, Glide $__i35 pea. $_ 370.00 One Hundred. EigbJ y Five dollars ea words)) J11 ' 2 each' ' No. 2.108 Benches $ 98.00ea. $ 196.00 Ninety Eight dollars ea. Lords Sub -Total $ 25,717.00 ROOT PARK R 1 Lump Sum Excavation and drainage swale • $ 250.00 $ 250:00 1ta Hundred Fifty dollars L.S. (words) R 2 Lump Sum Remove Back Stop $ 35.00 $ 35.00 Thirty Five dollars L.S. (words) R 3 Lump Sum Pavilion $ 23,057.00 $ 23,057.00 Twenty Three Thousand, Fifty Seven dollars L.S. (words) ' R 4 Lump Sum 10' x 25' Back Stop $ 575.00 _ $ 575.00 Five Hundred, Seventy Five dollars L.S. (words) R 5 3 each Picnic Tables $ 193:00ea. - $ 579.00 One Hundred } Ninety Three dollars ea. (words) R 6 20 ft. 15" RCP $ 6.20 /ft. $ 124.00 Six Dollars, Twenty - cents/ft: (words) 3 7 1 set Bases, Pitcher's Board, Nome Plate $ 110.00 $ 110.00 oe-jiundredf_dollars Lwords) R 3 Lump Sum Drive Repair $ 860.00 $ 860.00 Eight Hundred, Sixty dollars L.S. (words) 111-3 td CLELLAND CONSULTING ENGINEERS _ Ik t. R 9 3 each No.. 3138 Benches $ 49.00ea. $ 147.00 Forty Nine 41 dollars ea. (words, R10 2 each Waste Receptacles $ 135.00ea. 270.00 One Hundred Thirty c Five dollars ea. (words) Sub -Total $ 26,007.00 VA PARK. V 1 Lump Sum Park Lot Entrance' $ 190.00 $ 190.00 One Hundred Ninety dollars L.S. (words, - V 2 20 ft. 18" RCP Culvert . $ 7.00 /ft. $ 140.00 Seven dollars/ft. (words) V 3 Lump Sum Excavation ' $ 300.00 $ 300.00 Three Hundred dollars L.S. ' (words) V 4 Lump Sum Pavilion $ 4360.00 $ 4360.00 Four Thousand, Three Hundred, Sixty dollar, L S. (words) V 5 Lump Sum 10 Creosoted Car Stops $ 11.00 $ 110.00 - Eleven 1dollars L.S. (words V 6 600 S.Y. SB -2 (6" thick) $ 1.55 S.Y. $ 930:00 4 One Dollar, Fifty five . cents/S.Y. (words) V 7 4 each Picnic Tables $_193.00ea. $ 772.00 One Hundred, Ninety Three dollars ea. (words) V 8 2 each Waste Receptacles $ 135 plea. $ 270.00 One HIJnrdred ThirtyFive dollars ea. . (words . 111-0 cCLELLANO CONCIJLTINO. FNr.INFFRC INC> 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • V 9 Lump Sum Two Hundred, Clearing and Hand clearing under growth $ 280.00 Eighty ' dollars L.S. $ 280.00 (Tiords) V10 Lump Two Hundred Sum . 2 Drop Inlets $ 200.00 $ 200.00 dollars L.S. (words), Enclosed dollars liquidated the work within fail to ten (10) Dated October herewith is ($ 1 Sub -Total Total Bid a bid bond for 5% of the $ 7,552.00 $ 198,501.65 amount of bid ) which we agree the Owner may cash and retain to enter into contract for contract is adarded to us the opening. of bids and we for in the "specifications within ; this 19 day as of damages in the event of our failure covered by this proposal, provided the thirty (30) days from the date fixed for execute the required bonds as called days after execution of the contract. at , 1973. submitted, Construction Company ke - a/// y / /L.sc,..,K...z .Respectfully Heckathorn 74-121 BY: lPa^��A�'�ne - IF CORPORATION) _ INC > III -l0 d 2/#7,97X �i crli (SEAL, (;•;embers of Company if Partnership) • cCLELLAND CONSULTING ENGINEERS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACT STATE OF ARKANSAS COUNTY OF WASHINGTON THIS A ' NW Ip made and entered into on this 7 ti day of November, 1973, by and between the City of Fayetteville, Fayetteville, Arkansas, Party of the First Part, hereinafter called the Owner, and Heckathorn.Construction Company of the City of Fayetteville, Arkansas, Party of the Second Part, hereinafter called the Contractor. WITNESSETH: That Whereas, the Omer has called for bids for Construction of Park Facilities as set out in these Specifications and approved by the Owner, and WHEREAS,' the Contractor is the best bidder for the work hereinafter set out, pursuant to the published call for bids under said Plans and Specifications, NOW, THEREFORE, the Contractor agrees with the Owner to furnish the materials and complete the construction and outfitting of seven parks in the Fayette- ville Park system including all related work as shown on the Plans and des- cribed in the Specifications pertaining thereto, for the unit prices and lump sum bids in the Proposal, said Proposal being a part of this Contract, the total sum being one hundred ninety eight thousand; five hundred one and 65/100 dollars ($198,501.65), such sum being the agreed amount upon which bonds and. liabilities are based, and at his own cost and expense furnish all supplies, labor, machinery, equipment, tools, supervision, bonds, insurance, and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Proposal attached hereto and made a part hereof, and in accordance with the General and Detailed Specifications, and in accordance with the plans, which includes all maps, • plats, blue prints and other drawings, and written or printed explanatory matter thereof. The Contractor agrees to complete all work pertaining to parks construction 120.calendar days from the date of the execution of the contract. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Proposal therefore, subject to additions and deductions, as provided in the General and Detailed Specifications, and to make payment on account there as provided below: As soon as is practicable after the first of each calendar month; the Owner will make partial payments to the Contractor__for work performed duriing the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Upon completion of the work and final acceptance by the Owner and Engineer; the Engineer shall issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any.. McCLELLAND CONSULTING ENGINEERS . INC • 1, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner ofprogress and time of completion of the. work hereunder, shall be, and are essential conditions hereof. The Contractor agrees to commence work as specified in the Detailed Specifi- cations, and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time specified herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages the sum of fifty dollars ($50.00) per day for each working day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presimmed by the parties to this contract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due the Contractor under Final Estimate of said work, after the completion thereof, and Con- tractor shall only be entitled to the Final Estimate, less such amounts of liquidated damage. If the Contractor be delayed at any time in the pivgress of the work by any act or neglect of the Owner or of his employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. Similarly, should the Contractor be unable to complete the work due to persistent inclement weather or because of delays in delivery of necessary construction components, allowances shall be made in the completion time. No such extension shall be made for delay' occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Con- tractor by the Owner or by the Engineer, then the Owner shall have the option of declaring this contract at an end, in which event, the Owner shall not be liable to the Contractor for any work, theretofore performed hereunder, or, of requiring the surety. hereto, -upon ten (10) days notice, to complete and carry out the contract of Contractor, and in that event, should the surety fail, neglect or refuse to carry out said contract, said Owner may complete the said contract at its own expense, and maintain an action against the Contractor and the surety hereto for the actual cost'of same, together with any damages or other expense sustained or incurred by Owner in completing this contract less the total amount provided for hereunder to be paid Contractor, upon the com- pletion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. M CLELLAND CONSULTING ENGINEERS , INC,- IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. I i hese/ Witnesses ATTEST: Lai. yd.", BY: �j/ F //"" CANP Azie dee s2 l CITY OF FAYCITEVILLE FANIMO ILLE,� AR} NSAS G���ilwa�f-L� BY: 4414.4‘,Y (Title) Mayor • CLELLAND CONSULTING ENGINEERS , INC 1 1 1 1 1 1 1 1 I 1 1 1 11 1 1 1 • ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We, Heckathorn Construction Company , as Principal, hereinafter called Principal or Contractor,.and St. Paul Fire and Marine Insurance Company , hereinafter called Surety, are held and firmly bound unto the City of Fayetteville, Fayetteville, Arkansas, as Obligee, hereinafter called Owner, in the amount of one hundred ninety eight thousand five hundred one,'':65/1t00 Dollars 4198,501.65 ), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents Principal has by written agreement dated November 7, 1973 entered into a contract with the OWNER for construction of Fayetteville Parks Facility ' , which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The condition of this obligation is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure to do so and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such,default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said"contract failing which such persons shall have a direQt,right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shrill be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the Contract, nor shall any suit, action or pro- ceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them; their heirs, personal represen- • tatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or for- bearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. V-1 k1cCLELLAND CONSULTING ENGINEERS , INC ;1 1 ;1 1 1 1 1 1 1 1 1 This bond is executed pursuant to the terms of Act 209 of 1957 of the Arkansas Legislature. Executed onthis 7th 1. day of' Novemher , 1971 e. Don Heckathorn and Gilford Heckathorn D/B/A Heckatptrn ro • ion At .e -.47 Ir PRINCIPAL St. Paul Fire an rin - et nsuA4ncCompany x4"y_ A.P. Eason, Jr., Attor • V-2 • • k9 CLELLAND CONSULTING ENGINEERS , INC. Class 1 CERTIFIED COPY OF POWER OF ATTORNEY Original on File at Home Office of Company. See Certification. FIDELITY AND SURETY DEPARTMENT ST. PAUL FIR7E and MARINE r HOME OFFICE: ST. PAUL, MJNNESOTA (A Capital Stock Company) KNOW ALL MEN BY THESE PRESENTS. That the St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, and having its principal office in the City of Saint Paul, Minnesota, does hereby constitute and appoint A. P. Eason and A. P. Eason, 4.2. individually, Fayetteville, Arkansas its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. 'This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V, - —Section. 6(C), of the By -Laws adopted by the Board of Directors of the ST. PAUL FIRE AND MARINE INSURANCE COMPANY. at ameeting called and held on the 23rd day of January, 1970, of which the following is a true transcript of said Section 6(C). "The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint Special Attorneys -in -fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section andjor any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of May. 1959, of which the following is a true excerpt "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." sanaasa IN TESTIMONY WHEREOF, the St. Paul Fire and Marine Insurance Company has caused this FtRE 414tq� 'frinstrument to be signed and its corporate seal to be affixed by its authorized officer, this 20th PMarch zgday of mAP A. D. 1973 STATE OF MINNESOTA County of Ramsey ST. PAUL FIRE AND MARINE INSURANCE COMPANY Vire Pt -trident. On this 20th day of - March 19 73 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the St. Paul Fire and Marine•Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and C affixed my Official Seal, at the City of Saint Paul, Minnesota, the day and year first above written. C. L. JAEGER Notary'Ptitilic,Remsey'County;-Mfnn-+� �'�„ My Commission Expires June 2, 1974. CERTIFICATION I, the undersigned officer of the St. Paul Fire and Marine Insurance Company, do hereby certify that I. have compared the foregoing copy of the Power of Attorney and affidavit, and the .copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney,* with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are r in full_.force and effect. correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now IN,TEST.iMONY WHEREOF, I have hereunto set my hand th =ar * NterCci iUnnheted as to character and amount. 10870 CPS Rev: B-rO Printed In U.S.A. 7th day of November 19 73 Secretary. 9..214 a. ADDENDUM NO. 1 FAYETTEVILLE PARKS PROJECT CITY OF FAYETTEVILLE, ARKANSAS The following changes, additions or conditions shall become a part. of the Specifications of the above -titled project. 1. Wage rates, as appended hereto, shall be effective during the performance of work under the Contract. 2. Middle horizontal cross emirs for the baseball back -stops shall be 1 1/2" galvanized pipe. The Bidder is to sign in the space below to indicate receipt and understanding of the above. This addendum shall be submitted with the Proposal and other Bid Documents at the time of the bid opening. Date: // 2 73 Contractor 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DALE BUMPERS - GOVERNOR DALE CLINE - DIRECTOR ARKANSAS DEPARTMENT OF LABOR CAPITOL HILL BUILDING LITTLE ROCK • 72201 Mr. J. E. McClelland, P. E. McClelland Consulting Engineers, Inc. P 0 Box 151 Fayetteville, Arkansas 72701 Dear Mr. McClelland September 28, 1973 RE: Seven Parks Facilities Fayetteville, Arkansas Washington County I am enclosing Arkansas Wage Determination No. 73-150 establishing the current prevailing wages to be paid on the above noted_ project. Such rates are adopted pursuant to Section 9 (1) of Act 74 of 1969 as amended by Act 275 of 1969 and to Section 5(d) of the Rules Pertaining to the Administration of the Arkansas Prevailing Wage Law. In compliance with the Section 5 of the Law, this scale of wages must be posted in a "prominent and easily accessible place at the site of the work. s enc/ Very truly yours, Joseph L. Kirby Deputy Director !u L1 ;Ltd) By: Shirley Wilkins Executive Secretary Page 1 of_s ARKANSAS DEPARTME1%Tr OF LABOR PREVAILING WAGE DETERMINATIONS Building Construction Rates DATE: September 28, 1973 EXPIRATION DATE: * January 26, 1974 PROJECT: Seven Parks Project Fayetteville, Arkansas Washington County Asbestos Workers 16.45 Boilermarkers t 6,80 Bricklayers: 5.25 Bricklayers Stonemasons 5.25 Cleaners 5.25 Pointers 5.25 Caulkers I15.25 Carpenters: Carpenters _ : 6.30* 1 Floor Men Millwrights 6.70 Piledrivers Cement Masons 5.75 Electricians: Electricians 7.40 Cable Splicers 7.65 Elevator Constructors 5.19 Elevator Constructors Helpers 70%JR Elevator Constructors Helpers (prob) 50%JR Glaziers 14.70 Ironworkers: Structural 7.74 Ornamental 7.7 4 Reinforcing 7.74 Laborers: Construction laborer .05 Carpenters Helper 4.05 Concrete Laborer 4.05 Mechanical tool operator Motorized Georgia Buggy .05 Tenders (plasters, brick .10 mason, cement & stone) Wage Decision No. '3-150 H & W Pension .15 .30 .50 .25 .25 .17 .17 1% 1% .185 .185 2%+a+b 2%+a+b App. Tr.l Ot .02 .02 .30 .35 .05 .30 .35 .05 .30 .35 .05 .10 .20 .10 .20 .10 .20 .10 .20 .10 .20 Ii Page 2 of HCt9J • Mortar Mixer Sanitary Tile layer ._ Asphalt raker Powderman 4.175` .'10I - 4.675 Lathers • Marble Masons Marble Mason helpers ► Painters: Brush T , Structural steel Spray Plasterers Plumbers --Pipefitters Roofers Roofers Helpers Sheet Metal Workers Sprinkler fitters Terrazzo workers Terrazzo workers helpers Tile layers Tile layers helpers Truck drivers: Pick -ups Light stake body or flat bed Semi -Trailer Dump Batch Winch and A -frame Welders --receive rate prescribed fro craft performing operation to' which welding is incidental .10 .20 .20 5.375 . ( II 6.15 .01 6.75 .30 .25 .02 5.60 .05 6.90 .20 .30 *2 7.80 .30 .50 I •05 2.00 Footnote: a--lst 6 mos-none; 6 mos to 5 yrs--2%; over 5 yrs. 4% of basic hourly rate b --Paid holidays; A through F Paid holidays: A -New Years Day; B -Memorial Day; C -Independence Day D -Labor Day; E -Thanksgiving Day; F -Christmas Day 1 -Carpenters working on power saws of two horsepower or more shall receive %.25 per hour above regular hourly rate of pay. 2 -Apprenticeship Fund shall be %.50 per month per journeymen and apprentice employed by contractors. III ri Page 2 of Cranes, draglines, and shovels euipped with 120 ft of boom or over, or a lifting capacity of 130 tons or over, and/or attachments 5 cubic yards or over, as rated by the mfg.; and operators of all tower and climbing cranes required to work 25 feet or over from the ground Group II: Cranes, draglines and shovels euipped with less than 120 ft of boorr or a lifting capacity less than 130 tons and/or attachments less than 5 cubic yards, as rated by the mfg.; all backhoes capable of a 350 degree swing; all derricks, floating, tractor or truck types; all piledrivers, land or floating; all overhead and traveling cranes; all cableways; cherry pickers or tractors with boom attachments; Chicago -boom whirley; paving mixers with boom; grade ails; hydro truck cranes; scrapers or pulls in tandem; all above equipment irrespective of motive power, blacksmith leaverma (engineer); hydraulic and bucket dredges, irrespective of size, mechanic welder Group III: Heavy Equipment Operators: Multiple drum hoist, irrespective of motive power; all bulldozers, front end loaders, sidebooms, push tractors mounted on rubber or tracks; all single unit pull scrapers regardless of size and regardless of trade name; all motor graders; all hydraulic backhoes not capable of 360 degree swing; all trenching machines, wheel, bucket, chain, or conveyor types irregardless of size or motive power; all bacldillers; Rate IH & Vd 7.04 .30 .25 .25 .25 .25 1 1 II II „c Hourly Rate & W Pension Vac. App. lot Group III Continued: all Central mixing plants; mixers 10 S and largers and concrete spreaders; all boiler fireman high or low pressure; all asphalt spreaders, roller and finishing machines; all rotary, cable tool, core drill or churn r='_1, water well and foundation dri :ing machines regardless of size, regardless of motive power; all dewatering pumps when used with well point systems; first assistant engineer (dredge) 5.99 .25 25 Group IV: Semi -Heavy Equipment Operators: Single drum hoists, winches and aire tuggers, irrespective of motive power; winch or A -frame trucks, forklifts, dirt rollers of all types and pull tractors, regardless of size; elevator operators inside and out side when used for carrying workmen from floor to floor and handling building material, Lad- Vator; conveyor; batch plant, spray machine operator, Gunite operator, slurry machine and pressure grout machine; air compressors 365 CFM and over; boat and dredge tender operator; second assistant engineer (dredge) 5.04 .25 .25 Group V: Light Equipment Operators: All air compressors under 365 CFM welding machines; light plants, pumps, irrespective of size irrespective of motive power; space heaters; oiler -driver motor crane; asphalt distributors; ship spreader; form graders; end dump Euclid and like equipment; third assistant engineer (dredge) 4.70 .25 .25 1 Page 5 of S 1 Hourly 1 Rate H & W Pension Vac. 4pp. Ot .. Group VI: 1 Miscellaneous Operators: Equipment graser; oiler; mechanic 1 helper; drilling machine; oiler - helper; scale operator; oiler on dredge 4.70 .25 .25 1 ***concrete mixers under 10S 1 1 1 i I. I. 1 1 1 1 1 • Page No. 6 8 of ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATIONS Heavy Construction Rates 1 DATE: Wage Deck; 'u No. EXPIRATION DATE: PROJECT: oury ates H & W Pension Vac. Other Bricklayers 3.54 Carpenters 3.54 Concrete finishers 3.54 Ironworkers: - StructurAl 3.02 Reinforcing 2.24 Laborers: Air tool operators 2..36 Asphalt heater operator 2.28 Asphalt raker 2.42 Carpenter helper 2.36 Chain saw operator 2.36 Checker grade 2.36 Concrete finisher helper 2.36 Concrete joint sealer 2.36 Concrete saw operator 2.36 Form Setter (pavement) 2.66 Jackhammer 2.42 Laborer 2.00 Pipelayer (concrete, clay) 2.42 Powderman 2.54 Vibratorman 2.36 Marine Craft- - : Deckhand 2.28 Painters 3.20 Pile Driver Leadman 3.54 Power Equipment Operators: Air compressor 2.30 Aggregate spreader 2.62 Asphalt plant drier 2.42 Asphalt plant firemen 2.42 Batch plant 2.42 Bulldozer: finish 3.48 rough 3.26 I I. 1 Page No. 7 of Hourly ' Rates �H § W Pension Vac. Other Bull float operator 3.10 Concrete curing machine 3.10 Concrete Joint machine Oper. 2.62 'Concrete Mixer operator (less than 5 sacks) 2.54 Concrete mixer operator ' (5 sacks or ovcr) 3.42 Concrete paver vp�rator 3.48 U. Concrete spreader operator 3. 10 Conveyor machine operator 2.62 Crane, derrick, dragline, ■ shovel, backhoe operator ■ (1 1/2 yd or less) 3.48 Crane, derrick, dragline, shovel, backhoe operator (over 1 1/2 yd. ) 3.96 I. Crusher operator 2.30. Distributor operator 2.62' Drill operator (wagon or truck) 2.54 Elevating Grader Operator 3.10 Euclid or line equipment operator (bottom or end dump) 2.48 • Finishing machine operator • (cona~�te or asphalt) 2. 62 Fireman 2.42 Forklift operator 2.50 Form grader operator 2.62 4r '' Front end loader operator 2.62 . Pe Hydro seeder operator 2.62 Mechanic 3.10 ' Mechanic helper 2.62 Motor patrol operator: ' Finish 3.48 Rough 3.26 Mulching Machine operator 2.42 ' Oiler and greaser 2.30 Pile driver operator 3.48 Pug mill operator 2.42 ' Roller operator (self- propelled) 2.54 • Scraper operator: • finish 3.48 rough 3.26 1 Ii II II II 1 1 1 Page No. 8 of • 8 Hourly Rates H & W Pensions Vac. Other Sod slicing machine oper. 2.42 Stablizier mixing machine e;;.c 2.76 Tractor operator (Crawler type) 2.86 Tractor operator (farm and whe :') 2.42 Tractor operator wheel type (with attachment 1 yd. or under) 2.62 Trenching machine oper. 2, 62 Stonemason ! 3.20 Truck drivers: Distributor truck driver 2.62 Semi -trailer or low boy 2.62 Transit mix truck f 2.48 Truck driver (Heavy max pay load in excess of 3000lbs) 2.42 Truck driver (light max pay lor41 3000 Ur ) 2.30 Welder ; , • 2.30 r I I ADDENDUM NO. 2 FAYETTEVILLE PARKS PROJECT FAYETTEVILLE, ARKANSAS 72-233 October 9, 1973 ' The following changes and additions are made a part of the Speci- fications pertaining to the above -referenced project: ' 1. Drinking fountains, at the baseball field, Asbell Park, shall be pedes- tal mounted, hand operated, bubbler type, Halsey -Taylor No.. 4965, or approved equal. They shall be mounted over open concrete pits, equipped with a bolted 1 steel access cover, as shown on the attached drawing. For each fountain, a cut-off valve shall be provided on the supply as well as a drain valve to pro- vide for protection against freezing. A drain line shall be provided from the ' bubbler head, to provide waste water flow through a "P" trap into a gravel filled sump. 2. The portion of the specifications requiring that cold water faucets in the concession stand and rest moms be equipped with threaded nipples to receive a water hose is hereby deleted. Also, all references to a "Stop and ' Waste" are hereby deleted. To provide hose connections to facilitate cleaning, and to provide a method to secure the water system against freezing, the fol- lowing shall be substituted for the above: a. On each and every supply, provide a loose key hose bib with vacuum breaker. ' b. Below each of the above, provide a cut-off valve, six inches above floor level. c. Insulate all supply piping from the floor line up to and including the hose bibs. d. Slope all supply piping toward the hose bibs for draining. 3. Roof drains specified for the pavilions shall be cast iron and shall be of 4" size. The Bidder shall sign in the space provided below to indicate receipt and under- standing of this addendum. The addendum shall be placed and submitted with other bid documents at the, time of the bid opening. • Date Contractor by i9 ,r�ri f/ Title I I ADDENDUM NO. 3 FAYETTEVILLE PARKS PROJECT FAYETTEVILLE, ARKANSAS October 15, 1973 The following addition to the Specifications is hereby made, to clarify the Engineer's and Owner's position in regard to substitutions of equipment and appurtenances for those specified. In some cases, there are wide differences in manufacturer's products which re- late to recreational and/or park facilities. In order that all bidders are treated fairly, that all may bid competitively on an equal basis, the following shall apply: The Bidders shall bid the equipment and appurtenances as specified and/or as shown on the drawings, according to make, size, type or kind. If a bidder wishes, he may submit a letter with his bid, in which he may show the substi- tutions he can make, according to make, size, type, or, kind, and the reason(s) for offering such substitutions. If there is to be a savings in cost to the Owner, the bidder shall so state, giving the amount of the savings he proposes to make. If no savings are to be realized, then he shall so state. No effort is being made to preclude any manufacturer or supplier. Because of insufficient time to evaluate. all makes of equipment, it is felt this method is the only fair one to follow. After bids are received, they will be appraised and evaluated, and a decision will be made by the Owner. The decision by the Owner shall be final. The Bidder shall indicate receipt and understanding of this addendum by signature below. The addendum shall be included with other docu- ments submitted at the bid opening. / / I► '_ .s'd.�'i/..Lim �' O _ 0• LI ADDENDUM NO. 4 FAYETTEVILLE PARKS PROJECT FAYETTEVILLE, ARKANSAS October 18, 1973 The following clarification is submitted to all contractors for assistance in bidding the above referenced project: 1. Panes for windows to be placed in the concession stand shall be 1/8" clear acrylic, such as "Plexi-glass". 2. Steel doors shall be 1 3/4" thick and 3'6" in width. 3. Doors shall be equipped with cylindrical locks, keyed alike, and shall be Master, Yale, Towne or approved equal. 4. Door hardware shall be for standard duty. 5. Roofs of buildings shall be insulated with 15/16" thick fibre glass board insulation. 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DRAWER F May 4, 1973 Mr. Bill Brandon Manager Southwestern Electric Power Co. P.O. Box 1328. Fayetteville, AR 72701 Dear Mr. Brandon: OFFICE :OF CITY MANAGER 72701 (501) 021.7700 This letter will serve as your authorization to install the lighting poles on the Babe Ruth Baseball Park.at the Industrial P jt.as outlined on the attached map. The City will.reimbb urse SWEPCO for the cost of this work. Arrangements for the development of this park have been worked out between Dale Clark, City Recreation Director, Joe Holt of the Fayetteville. School District, City officials, and volunteer. assistance from others. Sincerely, Sturman Mackey Purchasing Officer. SM:al Enclosure / ✓ cc: P.J. Tobin, City Controller Dale Clark, City Recreation Director Al ', ■ '-7, t o� � •to i Fool yam __ :, City Attorney Malone read a proposed resolution to authorize the Mayor and City Clerk to execute a contract guaranteeing that the contractor/developer will install certain improvements in Strawberry Hill Subdivision. Director Orton stated that she washesitant to vote on a contract guaranteeing improvements before deciding what improvements the contract would cover. Mrs. Orton asked that the Board be allowed to discuss the matter of whether or not to grant a waiver of the sidewalk requirements in the cul-de-sacs as approved .by the Planning Commission. City Attorney Malone explained that the Planning Commission has the authority to waive the requirements of an. ordinance when a hardship exists. "I don't believe in this case it. (the installation of sidewalks) would qualify as a hardship," City Attorney Malone said. The City Attorney advised the Board that the City could enter into a contract with the developer guaranteeing the installation of all improvements required by Ordinance No. 1750 and. require that a cash bond be posted in order to guarantee the installation of a sidewalk before a lot could be released. Director Stanton. commented that sidewalks should be installed after all the excavation is done and suggested that possibly the sidewalk requirement could be handled at the time a building permit is issued. Bryce Davis stated that there would be less expense involved if the property • owners developed the sidewalk after construction was completed. • City Attorney Malone stated that that was what he was suggesting, that the person buying the lot would be required to put up a cash bond guaranteeing the installation of that sidewalk in order to get the lot released. Director Utley commented that a cul-de-sac, by design, is different from a through street and since there would be much less traffic on a cul-de-sac sidewalks would become less necessary. City Attorney Malone advised that in order to accomplish that, Ordinance No. 1750 would need to be amended to require sidewalks on through streets only. Ginger Parker in the audience commented that she feels that sidewalks are necessary on cul-de-sacs and on all streets. Mrs. Parker said that she does not wish to teach her young children that it is acceptable to play in the street and therefore she feels that sidewalks should be required on cul-de-sacs all. the way around.. Director Stanton moved that 'a resolution to authorize the Mayor and City Clerk to execute a contract guaranteeing that the contractor/developer will -''install all of the improvements required by Ordinance No. 1750 be adopted. Director Noland seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. "Nays" None. . There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No. 42-73 appears on page 140 of Ordinance and Resolution Book 3. Consideration of an ordinance accepting the dedication of streets and utility easements in Strawberry Hill Subdivision was temporarily tabled to allow Ervan Wimberley, engineer of Strawberry Hill Subdivision, an opportunity to contact the developer. City Attorney Malone read a proposed resolution authorizing the Mayor and the City Clerk to execute a contract for certain improvements in the Fayetteville r Park System. These improvements. would include the resurfacing of the four existing tennis.courts at Wilson Park and the building of two new tennis courts and a play area. 218 • City Manager Grimes explained that bids were taken for these improvements and the bid amount. exceeded the funds budgeted for the improvements. Mr. Grimes explained further"that additional funds will need to be allocated for the • project or the project will have to be reduced in scope. J. E. McClelland, Consulting Engineer, was present. at the meeting to answer • questions regarding -the project. In answer to questions from the Board members, • Mr. McClelland stated that asphalt courts could be expected to last possibly 20 years and that he sees no reason why asphalt courts would not last as long as concrete courts at Wilson Park; that concrete courts would not necessarily be cheaper to construct; that concrete contractors are so busy that they might not be willing to bid on the project; that asphalt courts are easier to damage and also are easier to repair; that if the °completion date for the project were .extended it would not effect the bid price. • Director Stanton suggested that the City try to obtain some bids on concrete surfacing of the tennis courts since concrete is considered to be more permanent. • City Manager Grimes explained that the City might not be successful in acquiring bids from concrete contractors since they are so busy. Mr. Grimes further • explained that the specifications for the project would have to be re -written and the process would probably take a month or more -to accomplish. Mr. McClelland stated that the bid which was received for the asphalt re -surfacing • must be accepted within 30 days, and after that 30 days expires it is up to the contractor whether or not he wishes to extend the time period. Director Utley commented that he did not feel that the City should take additional funds out of the budget for tennis courts. Director Utley explained that he felt • that this money could be used in the streets. Dale Clark, Parks and Recreation Director, stated that it was the recommendation of the Parks and Recreation Advisory Board that if there was not enough money to accomplish all of this project that the two new tennis courts be constructed since the existing four tennis courts are still playable. Director Utley moved that a resolution be adopted authorizing the Mayor and the • City Clerk to execute a contract within the limitations of the fupds currently • budgeted for improvements of parks, the decision of priorities for the improve- • ments to be made in cooperation with the Parks and Recreation Advisory Board, the City Manager, and the Consulting Engineer. Director Stanton seconded the motion. Upon roll call the following vote was recorded: "Ayes" Orton, Purdy, Noland, Utley, Murray, Carlson and Stanton. "Nays" None. There being seven "Ayes" and no "Nays" the Mayor declared the resolution adopted. *Resolution No, 43-73 appears on page 141 of Ordinance and Resolution Book 3. Ervan Wimberley, engineer for Strawberry Hill Subdivision, reported that he had contacted the developer of Strawberry Hill Subdivision and that the developer is willing to sign a subdividers' contract which requires the installation of sidewalks on cul-de-sacs as well as major streets. Upon request of the Mayor, the City Attorney read a proposed ordinance accepting the dedication of streets and utility easements and approving the final plat of Strawberry Hill Subdivision submitted by MEJCO, Inc. for property located off Old Wire Road North. Director Stanton moved the rules be suspended and the ordinance be placed on second reading. Director Noland seconded the motion. Upon roll call vote the motion passed unanimously. The City Attorney read the proposed ordinance the second time. Director Orton moved the rules be further suspended and the ordinance be placed on third and final reading. Director Stanton seconded the motion. Upon roll call vote the motion passed unanimously. 219 9 may-, d - C - -- p • q ; -'M) v( S c± z. I CONTRACT STATE OF ARKANSAS COUNTY OF WASHINGTON THIS ACREETIENT made and entered into on this 29th day of May , 19 73 , by and between the City of Fayetteville, Fayetteville, Arkansas, Party of the First Part, hereinafter called the Owner, and Anchor Construction Company of the City of Fayetteville, Arkansas, Party of the Second Part, hereinafter called the Contractor. WITNESSETH: That Whereas, the Owner has called for bids for tennis court construction, as set out in these Specifications and approved by the Owner, and WHEREAS, the Contractor is the best bidder for the work hereinafter set out, pursuant to the published call for bids under said Plans and Specifications, NOW, THEREFORE, the contractor agrees with the Owner to furnish the materials and complete the construction and/or rebuilding of: Tennis courts at Wilson and Walker Parks, including all related work as shown on the Plans and described in the Specifications, for the unit prices and lump sum bids shown in the following tabulation. Item Quantity 1 2 3 4 5 6 7 8 9 10 11 Lump Sum Lump Sum 1965 C.Y. 1444 S.Y. 90 C.Y. 303 Tons 200 Cal. 236 Tons Lump Sum Lump Sum Lump Sum Item r Tree and Stump Removal Top Removal and Respreading Excavation Soil Treatment Stabilized Limestone Ease Asphaltic Base Prime Oil Asphaltic Surface 10' Chain Link and 2 Entrances 2 Pair Net Posts and 2 Center Anchors Plexipave Surface and Court Lines• Unit Price $ 3?5.00,. 1500.00 l.25/C.Y. 0.15/s.Y. 3.00/C.Y. 12.00/Ton 0.25/Cal. 15.00/Ton 4624.90 300.00 2600.00 TOTAL Extended $ 375.00 1,500.00 2,456.25 216.60 720.00' 3,636.00 50.00 3.540.00 4,024.90 300.00 2.600.Oi; $19,313.75 The Contractor agrees to complete all work pertaining to tennis court con- struction 90 calendar days from thedateof the execution of the contract. IV -1 LELLAND COWSUUNMO :._ The Owner agrees to pay the Contractor in current funds for the performance. of the contract in accordance with the accepted Proposal therefore, subject to additions and deductions, as provided in the General and Detailed Speci- fications, and to make payment. on account there as provided below: As soon as is practicable after the first of each calendar month, the Owner will -make partial payments to. the Contractor for work performed during the preceding calendar month, based upon the Engineer's estimate of work com- pleted, said estimate being certified by the Contractor and accepted by the Owner. A retainage of ten percent (10'".) of the first fifty percent (5O) of contract work shall be withheld by the municipality, but upon the completion of the first fifty percent (50') of the contract work, one-half (z) of said retainage shall be paid to the contractor. No more than five percent (5') retainage may be withheld by the municipality on the remaining fifty percent (50t) of the work performed. Upon completion of the work and final acceptance by the Owner and Engineer, the Engineer shall issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any. Time is hereby expressly declared to be of the essence of. this contract, and the time of beginning, manner of progress and time of completion of the work hereunder, shall be, and are essential conditions hereof. The Contractor agrees to commence work as specified in the Detailed Specifi- cations, and to proceed with the construction of the work and to prosecute the work with an adequate'force and in a manner so as to complete the work within the time specified herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages the sum of fifty dollars (w50.00) per day for each working day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due the Contractor under Final Estimate of said work, after the completion thereof, and Contrac- tor shall only be entitled to the Final Estimate, less such amounts of liquidated damage. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of his employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casuahies or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the IV -2 LAND CONSULTING ENGINEERS . INCA option of declaring this contract at an end, in which event, the Owner shall not be liable to the Contractor for any work, theretofore performed hereunder, or, of requiring the surety hereto, upon ten (10) days notice, to complete and carryout the contract of Contractor, and in that event, should the surety fail, neglect or refuse to carry out said contract, said Owner may complete the said contract at. its own expense, and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing this contract less the total amount provided for hereunder to be paid Con- tractor, upon the completion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS. WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. - _ Anchor Construction Company 9y: 7/ ` Witnesses • CITY OF FAYETTEVILLE FAYET>TEVILLE, ARKANSAS By: Mayor '(itle ATTEST: ..w City Cl It TV -3 McCLELLAND CONSULTING ENGINEERS , INC. AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT, made then, day of r ' ,.,19fl, by and between McClelland Consulting Engineers, Inc., 1810 North College Avenue, Fayetteville, Arkansas, hereinafter called the ENGINEER, and the City of Fayetteville, Fayetteville, Arkansas, hereinafter called the OWNER, WITNESSETH, that the ENGINEER and the OWNER, for the considerations here- inafter named, agree as follows: a. WHEREAS, the ENGINEER will provide the following services in connection with parks improvements known as'the City -,of Fayetteville Parks Project. 1. Provide preliminary investigation and preliminary cost estimates. 2. Assist the OWNER in preparation of application(s) to the proper Federal Agency -for a grant to facilitate funding the Project. 3. Prepare detailed plans and specifications for construction, ins eluding estimates of quantities and construction costs. 4. Provide assistance in obtaining permits and approvals from State and Federal Agencies, where applicable. 5. Provide assistance to the OWNER in receiving bids for construction, analyzing same, and in awarding the contract. 6. Provide observation and consultation during the construction phase and prepare and submit periodic estimates showing progress of the work and amounts earned by the contractor. 7. Prepare and process change orders and changes as necessitated during the construction phase. 8. Cooperate with the Parks & Recreation Department and other groups having an interest in the Project. 9. Prepare "As -Built" drawings at the conclusion of construction and furnish the OWNER with two sets for permanent record. WHEREAS, in consideration for services performed the OWNER agrees to pay the ENGINEER according to the followings For preliminary work and detailed plans and specifications, payable after said plans and specifications are complete and approved by all appropriate agencies, 6% of the construction cost. For assisting the OWNER through the contract letting and award, for staking the construction, providing periodic construction observation and consultation and providing As -Built plans at the completion of the work: 3j% of construction cost, payable in periodic amounts in pro- portion to the construction work completed, and WHEREAS, it is agreed that should re -design of any portion of th�'�jg'[J79 Dq REEL �� be required, not the result of actions by the ENGINEER, the OWNER will provide additional compensation to the ENGINEER, said com- p nsation to be negotiated by the parties hereto at the time...sa.id re -design is ordered by the OWNER, and WHEREAS, in the event additional services, not stipulated herein, are ordered by the OWNER, compensation for said additional services will be negotiated by the parties hereto, and WHEREAS, the OWNER reserves the right to reduce or expand`the amount of work to be constructed under this project, and it is agreed that consideration to be paid to the ENGINEER will be reduced or increased in proportion to the change ordered in the project. IN WITNESS WHEREOF, the parties have executed this AGREEMENT on the day, month and year first mentioned above. -s - FOR THE OWNER: ATTESTS t MC CLELLAND CONSULTING ENGINEERS FOR THE ENGINEER: TITLE I� r