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HomeMy WebLinkAbout46-83 RESOLUTION•RESOLUTION NO: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH F. H. NECESSARY & SON CONSTRUCTION COMPANY, INC. FOR THE -CONSTRUCTION OF A SOFTBALL AND SOCCER FIELD AT WALKER PARK NORTH. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: 9 • That the Mayor and City Clerk are hereby authorized and directed to execute a contract with F. H. Necessary & Son Construction Company, Inc. for the construction of a softball and soccer field at Walker Park North. A copy of the contract authorized for execution hereby is attached hereto, marked Exhibit "A", and made a part hereof. PASSED AND APPROVED this 63% day of April 1933. APPROVED: . By CZ -KJ>. ;a41- Mayor M>LiZ /(.4 City Clerk U.S. Dloortmont of dousing and Urban Dovolopnoot BID FOR UNIT ;Ina CONTRACTS Olaco Fayetteville, Arkansas Date Project,No. WPN 82-01 Proposal of 04..W.4.Lasta **. Jt.eent...11:. (hereinafter.. called °Bidder") * a corporation, organized and ekisting unaer the laws of the State of at &&&&& * a1, partnership, or an irrdividual. doing business as - To the City of Fayetteville Fayetteville, Arkansas (her,einafter called Owner") Gentlemen: The Bidder in compliance with your invitation for bids for the 1 construction of Iinprovements th Walker tPark North having examined the Plans and'Specifications:With related documents and the site of the proposed work, and being familiar with all ,of the conditions surrounding the construction of the proposed 'project including the availability of materials and labor, hereby -proposes to furnish all labor, materials, and supplies, and to constructethe project in accordance with the contract documents, within the time set forth therein; and -at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the contract documents df which this proposal is a , „ A part4 et, roe rot rt. insert corporation partnership or individual as applicable.- • • • • OfddirLhereby agrees to cane* work under this contract on sr before a date to be specified In written "Notice to Proceed* of the Owner sod to fully templets the project within 60 consecutive calendar days thereafter as stipulated in the specOTERTER. Bidder further agrees to pay as liquidated damages, the, sum of $ 100.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. Bidder acknowledges receipt of the following addenda: Wats Aft • • • • The Bidder agrees tOeperform all the Work hecessary to construct the Improvements to Walker Park North as described in the Specifications and as shown on the Plans for the,following lump sum prices: % ITEM NO. WPM° I •Lump Sum UNIT PRICE Clearing & Grubbing * /L.S. /L.S. $ 4:.00.10 8/9//Zoo/L.S. 24;Lgrfreeta...1 ikaLth tWords) Lump Sum EarthWork' EXTENDED 14,4644.-gtwW..aRereetsitsAg Alaran$• 3 Lump Sum • Aanhole Construction: $ ..tteo.oP/L.S. gAn224,4L...1 iA6g:L.44a DS Words Lump Sum Curb Cut ConstructiOn ords) $ 92406 /LS. /L.S. $ 920,fte 8/rift .0.* $ .7.014p0.00 A 744 - . • • • .4. • • • A' •••re"ki. •• • 4 1 e ff.s; • 1/4 UNIT MA tett iiSeeditig and fertilliing 4 AriimpfL..S. L.S. .0A0JAN, TOTAL BASE BID .32.1 DD • DO DEDUCTIVE ALTERNATE BID ITEM NO. 3A. • • To delete the requirement under Bid Item No. 3 that the. Contractor. construct a new manhole (to replace manhole.#0 and cep the existing manhole al to abandon it; and, instead, to lower the existing manhole #1 to an elevation of 6 inches below finishedelgrade,t e C ntractor offers a reduction in the total base bid of 5.2“22-4, dollars. ($nDO. ). . “ • (Amounts are to be shown inboth Words and .figures discrepancy, the amount shown in words ivill govern.) „ The above lump sum prices shall include all labor, materials, bailing, shoring, removal, overhead, profit,: insurance, etc. ,to cover the finished work of the several kinds called for., . • Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in thfliddingt. ' The tidder agrees that this bid. Shall belgood and may not be withdrawn for al,period of 30 calendar daystafter thek scheduled closing time, for receiving bids. 'Y ?..;„ In case of Proposal 4. 3 ESE THIS AGREEMENT, made this Ilth 1 daY of and between City of Fayetteville, Arkansas'‘, "Owner," .aCting herein through * ze4Mayor- APrllt , 1983, by • ,;herein called ••9 and F: 2H. Necessary & Son Construction Company,Inc". • • of Rocers 1. • , County of Benton • % .and • • r • ' i ' . J " 0 .4 It ..„.• • .. . .• : .:1 : • •....• I ...• %., WITNESSETH: That for anc in consideration of • the payments „ and agreements hereinafter mentioned, to be .rade a• a performed by the OWNER, the CONTRACTOR hereby agrees with the OW1ER to corrnence ana complete othe t, construction described as fol lows: . i• .r. - r. . Arkansas , hereinafter called •"Contractor;" ImprOyementsto Wal ker ".:4Park a:, clearing., grading' and iseedi Png&,'• - • • 1.• hereinafter: Called the projeciT.#or Wyndrnrltfrid Nevin° ..11-1 Millar. I: connection therewith, under, therHeerr • CondititinS of •the contract t'ar• • •::• expense.f� furnish all theinat •• • • 11 . superintendence, labor, *insu• ;• • . •• ,:neceSsar***Fto- coniOlete :the :slic :•r• ••: E. pricei sstcated• in .the''Pr'apoS'al , • •• :• 6'1 Conditions, Special 1Coridition: • • -. ?plans: which include., al ti "nap. r: • 1 printed orFritten • ekOldnat.• • • • • • contractidocurnents therefort'e. • I: Inc ,• herein entitled the ng • • 21-1 • . Supplemental :teneral Conditic••• . • : •. col lectfielYg. evidence anciCOO • ..1.• • • • • • • • • • • .• • it. y7consisting • . il• •••• .-Two"Thousand 'Mule .1Z .2;• and all -.e...tra.:t•torkrinc- • • • • n • .G9nlqra9..and.•:„Special :.. • • hi :•rin„.prbper Ostand •r;1:••;: • : .11.••••:;:;•7iiimilinit•,•tool • „ : • ••••• • :.• :s 1 MM 1: 4 Services ' ••••• -Itions - • 2:.• r 4, Cr. . , : • • "•'' !I: General,•'" • •.••.: ,.:•• • •• • • r • -.rect., tFie'r,, , • • : W Mb- n•tirtgs , • .c .! • ••.•.. • 7 . • • •••• tionS Arid ,.::.:• ••:•• Ye. • .ir 1Sy:i.t.ng. Engineers';' :3; lc. ••ri . • 21 HeragrApred,' ofthe : • .c .2.•• • TheContractor hereby 'agr• I i• • :? ( • : d• MS • MOWLMI • Chi s•r.dontraet on or before aidate to- be Specified: • :al- • • ' • Pr 'idepdicif ;the'. Owner,. and to 'f.Ully aimpTete the pre :1: • f• • I• r ' col ••li,ye..Calendart:dayS" thereafter. .4 The Contractor "further agrees -2. to:IT:lay, as 1.1.guidated ;claniages*,. ' the sum' of $ 100:00. ' for each ".consActitive•cAlendarrday[jhereafter as hereinafter prov.idedHid Paragraph, 19 of,the- General Cendtt‘ions.f, "' • " •I ' The OWNER agrees tc pay ti -e currert furds for the perforracce of the contract sco ject ta ado-. tirirs rd decJc.t4.crs ; as provided • ,...• • ••• ••• • •':'•••"' r Sir" p 0 • • ,; • 1 • r • • le ▪ 7' • “ re • . in the General Conditions of the Contract, and to make payrents on account h.%dov thereof as provided in Paragraph 25, "Paynents to Contractor," of the Nri^: General Conditions. .. • • m 10%• " •••••• r 41. •• 41: • • . • . • . IN WITNESS WHEREOF, the parties to these present have executed this contract in six (6) counterpartsveach of which shall be deeled an original, In the year and day first Above:Mentioned. 4: • 'v j (Seal) ATTEST: .. ,A Cil Of fao e-i1/2v2Ze / 11, (City Cle W nes% Iddy.yr,44.1 !:afailia*:,%:•. • '..1 .. .“ ifi • • .7 -'1:.4 ..i 4 • e'r,k4: All', l...:..... t IF 04;1 ......: ± .., . .144.44:;.•••• . j n . .. Vim .•• • te•MAA • kCjI4tor.,/ illitajWii.. 7:114. .. • . A • .. • of•:•:IA • A swall:.4.1 ; mgriigiLlidil of 1:: ..1; ..14;‘; • 41';' ..n. .4.:=1;;;Ari41.240,•.41. mit •BA mow. A mal•••• •••••••lamans• al LA. • as elL. is ..... 1 tad Insurance. Inc. ICOMPANIES AFFORDING COVERAGLS I 1,17,,,,,prtin„ A 78 as 72756 The_Bome_InsuranceSoapany. 6 • I I I'CMPANY 3 FUR ' cOMPANY sary and Son'Construction Company.11"" and Necessary Rentals • 1 rimy 0 Arkansas 72756 ! Maryland_Casuslty_Company ewe!! . _ snot Oirent 1114 t ;A:4Ni°' 4,1104,1:111•;:•:° C2:0•1114°11011°11.11Netl:j .1°.? trourca T : ":1•1aanve ...rU '..;...• iii . a z 1 ::r,-. A-.0.1' 1E:WPM any IN: 411111•N '711. ..... • .41°1:01WPC1 Or e -s• CCV°1111ft With l'Il'°:4C 10 1•11101 ti truncate man,* :_oct �r 1147;19 Dentin tae inzurr rat aroma, • telt. "'hays cts:n300 hereon 1 : -z in*, • ••••• I onannons oil tont:boons of soca -mcas. -, i • . • AINN Y Ni^ic % I I °ot •CV -- r.lP1 -t1UWE° . int • :..7.NET3AL LIASILITY A ot,.....epwia•Vi g: .•-;9,s,:L •-, :Eva( crtg nat.r nc•rot ASO 1 r ....ti...,weed, .1!...wa 6 • . .7.••• rm. .1:MAIAK( inionntr• •''''•:114•-r7,151 i I t "0.4.4 'flijfie .:n/i7r3.40 'ci.:131LItY 1 1 oi/17/84. ot Liability in ThousanOS10001 i• 111 k • aGt • • iJ,tv 1.0:1 WIr Of ,NAvAdra 61,44.0440 3 ; Nal 07313208 • • ali.1 • ..:0•11t73S; C:C:APINSAVOnt 151/17/84 WC L 1354.0200. 91/17/84. 31.C.'113S'YAJMh7 O•3 • • • sienna nine. L.- a SA.... it . " r"•••10 -•Na11ry 'Vara tthr t1:-. ; 3 • -7,4PW1540135r1T. • -0 - 7,-94-21:1P/PPIP112 ino r.‘ a. -••-• •••••••I•AWAr a. • . . 44' A Contractor •:I 1: rri ! • • . ' • r •ra• • -.1Ct. . . City of Fayetteville Fayetteville, Arkansas Re: Walker Park Inprovessnts . • • 4122141 Associated Ins= 111 - -ft r :alas° 1Q4•III to= Af• CONSTRUCTION. SPECIFICATIONS FOR IMPROVEMENTS _TO • .WK1[kERP4RK NORTH Community -EN( L •••• -Pc Dev,lopment tBlock Grant Program - Project Non:WPN82r01 _ ••• It=e677.4 ‘t:;gfr ‘‘k CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS ••••••ey•— -Of 1.61.7"..1"•- .1".3/44 -%k% • PROJECT NO. 82-163 'FEBRUARY, 1983 - ..siatte-r ADDENDUM NO. 1 WALKER PARK NORTH Fayetteville, Arkansas Project No. 82-163 February, 1983 McClelland Consulting Engineers, Inc. Fayetteville, Arkansas The original specifications for the project, dated February, 1983, are a- mended as follows: The enclosed Wage Decision No. 83 -AR -53, dated 3-18-83, is to be inserted into the specifications under the section entitled "FEDERAL WAGE DECISION". Specifically, these two• (2) pages shall replace the page in that section which reads "Federal Wage Rates to be inserted prior to Advertising for Bids". Receipt of this Addendum shall be acknowledged on the Proposal. CONSTRUCTION SPECIFICATIONS FOR IMPROVEMENTS TO WALKER PARK NORTH Community Development Block Grant Program Project No. WPN 82-01 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS PROJECT NO. 82-163 FEBRUARY, 1983 rivringwo8 a TABLE OF CONTENTS SECTION PAGE Notice to Contractors 1-2 Information for Bidders 1-5 Bid Bond 1-2 Bid for Unit Price Contract 1-4 Certification of Bidder Regarding 1 Equal Employment Opportunity Certification by Proposed Subcontractor Regarding Equal Employment Opportunity • Certification of Bidder Concerning Labor Standards and Prevailing Wage Requirements Certification of Proposed Subcontractor Concerning Labor Standards and Prevailing Wage Requirements 1-2 1-2 Contract 1-2 Arkansas Performance and Payment Bond 1-4 Certificate of Owner's Attorney 1 General Conditions 1-27 Supplemental General Conditions 1-11 Special Conditions 1-5 Special Provisions 1-10 Federal Wage Decision, Minimum Wage Rates 1 Specifications 1-8 Appendix A Basic HUD Guidelines for Project Applicants 1-8 Appendix B Clearing and Grading Plan (2 Copies) 1 •-•-• VIEREPAL NOTICE TO CONTRACTOR ZENO,' NOTICE TO CONTRACTORS Notice is hereby given that the City of Fayetteville, Arkansas, hereinafter called the Owner, will receive sealed bids at the Community Development Department until 2:00 P. M. local time on the 30th day of March , 1983, at which time they will be publicly opened and read aloud, for the furnishing of all labor, equipment and materials, and performing the necessary work to be done in constructing improvements to Walker Park North generally consisting of clearing and grubbing, saving marked trees, grading, and seeding. The Information for Bidders, Form of Contract, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bond, and other contract documents may be examined at the following office: McClelland Consulting Engineers, Inc. 1810 N. College Avenue, P.O. Box 1229, Fayetteville, Arkansas (501-443-2377) Copies may be obtained at the said office of McClelland Consulting Engineers, Inc. upon payment of twenty five dollars ($25.00) for each set, fifteen dollars ($15.00) of said payment being refundable to unsuccessful Contractors who submit a legitmate bid and return all documents in unblemished condition not more than 5 days following the opening •of bids. Pertinent information and the Specifications will be furnished to suppliers at cost of reproduction. The Contractor shall make such inspection and studies of the site of the work as to thoroughly familiarize themselves with all conditions to be encountered. Each bid must be accompanied by a surety bond in the amount equal to five percent (5%) of the whole bid, said bond to be issued by a surety company licensed to do business in the State of Arkansas, said bond to be retained as liquidated damages in case the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said works, and furnish the necessary bonds within ten (10) days from and after the date of the Notice of Award. The successful bidder will be required to furnish an Arkansas Statutory Performance and Payment Bond, in favor of the Owner, in an amount equal to one hundred percent (100%) of the Contract amount, at the time of the award of the Contract. The Owner reserves the right to reject any and all bids, and to waive any formalities deemed to be in the Owners best interest. The attention of all bidders is called to the fact that they must be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature, as amended, a. copy of which appears as Appendix A to these Specifications. Attention is called to the fact that no less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project. Time is specifically declared to be of essence for this project. Therefore, liquidated damages in the amount of $100 per calendar day will be assessed if the Contractor exceeds the established date for completion. The proposed Contract is under and subject to Executive Order 11246 of September 24, 1965, and to the Equal Opportunity Clause contained in the Specifications. Neither Contractor nor Subcontractor shall exclude from participation, deny the benefits of, or subject to discrimination under any program or activity, any person in the US. on the grounds of race, color, national origin or sex, nor discriminate on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, or religion except that any exemption from such prohibition against discrimination on the basis of religion as provided in the Civil Rights Act of 1964, or Title VIII of the Act of Apri1.11, 1968, shall also apply. Dated the day of , 1983. Notice to Contractors - 2 TrAiragil_ FINFORMATION FOR BIDDERS FEE ithWV__ 10. REVISIONS TO CENERAL CONDITIONS HUD FORM h2383 A. Section 25, Payments to Contractor, Subparagraph (d) shall be deleted in its entirety and Subparagraph (a) is hereby revised to read as follows: "Not later than the 15th day of each calendar month the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this contract, but to insure the pi.oper performance of this contract, the Owner shall retain (except where prohibited by state or local laws), ten percent (10%) of the amount of each estiMate until final completion and acceptance of all work covered by this contract: Provided, that the Contractor shall submit his estimate not later than the first -El -177 the month; Provided, further, that the Owner at any time after fifty percent (50%) of the work has been completed, if it finds that satisfactory progress is being made, may make any of the remaining progress payments in full; Provided further, that on completion and acceptance of each separate building, public work, or other division of the contract, on which the price is stated separately in the •contract, payment may be made in full, including retained percentages thereon, less authorized deductions". NOTE: See Bonding and Insurance Requirements relative to Arkansas laws. SPECIAL CONDITIONS SPECIAL CONDITIONS 1. Definitions 2. Scope, Nature and Intended Contents, Specifications & Plans 3. Figured Dimensions to Govern 4. Contractor to Check Plans and Schedules 5. Staking the Work 6. Inspection 7. Protection of Public Utilities 8. Sanitary Conveniences 9. Privileges of Contractors in Streets 10. Special Conditions Pertaining to Hazards Safety Standards and Accident Prevention SPECIAL CONDITIONS (Modify as Required) 1. I-FF=0MS In addition to the Definitions as given in Section 2o±' the General Conditions, whenever the words herein defined, or pronouns used in their stead, occur in this contract and documents, they shall have and are mutually understood to have the meanings herein given. The word "Owner" shall mean the City of Fayetteville, Arkansas The word "Engineer" shall mean McClelland Consulting Engineers, Inc. Consulting Engineers, who have been employed by the Owner for this work, or their duly authorized agents. • The word "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized by the Engineer, limiting to the particular duties entrusted to him or them. Whenever the letters "A.S.T.M." are used, they shall mean the American Society for Testing Materials. The letters "A.W.W.A." shall mean the American Water Works Association. The letters "A.A.S.H.O." shall mean the American Association of State Highway Officials. The letters "NEMA" shall mean the National Electal Manufacturers Association. When the words "as ordered", "as directed", "as permitted", "as allowed", or words or phrases of like import are used, they shall be understood to mean that the order, direction, requirements, permission or allowance of the Owner and Engineer is intended. Similarly the words "approved", ureasonable","suitable", "acceptable", "properly", "satisfactory", or.words of like effect and import, unless otherwise particularly specified herein, shall mean approved, reasonable, suitable, acceptable, proper, or satisfactory in the judgement of the Owner and Engineer. 2, SCOPE, NATURE, AND INTENT OF CONTRACT, SPECIFICATIONS AND PLANS The said specifications and plans are intended to supplement, but not necessarily duplicate each other, and. together constitute one complete set of specifications and plans, so that any work exhibited in the one and not in the other, shall be executed just as if it has been set forth in both, in order that the work shall be completed according to the complete design or dasigna as decided and determined by the Engineer. Should anything be omitted from the specifications and plans which is necessary to a clear understanding of the work, or should it appear various instructions are in conflict, then the Contractor shall secure written instructions from the Engineer before proceeding with the con- struction affected by such omission or discrepancies. It is understood and agreed that the work shall be performed and ccmpleted according to the true spirit, meaning, and intent of, the contract, specifications and plans. FIGURED EEMENSIONS TO GOVERN Figured dimensions, when given on the plans, shall be accurately followed, even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not figures shall be executed, until instructions have been obtained from the Engineer as to the dimensions to be used. Large scales and full size drawings shall be followed in preference to small scale drawings. 4. CONTRACTOR TO CHECK PLANS AND SCHEDULES The Contractor is required to check all dimensions and quantities on the plans and schedules given to him by the Engineer, and shall notify the Engineer of any discrepancy between the plans and the conditions on the ground, or any error or omissions in the plans, or in the layout as given by stakes, points, or instructions, which he may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the plans or contract documents, as full instructions will be furnished by the Engineer should error or mnission be discovered, and the Contractor shall carry out such instructions as if originally specified. 5. STAKING THE WORK See Special Provisions. 6.- INSPECTION As set out in Section 14 of the General Conditions, the project shall at all times be subject to inspection by representatives of the Department of Housing and Urban Development. Access and inspection shall also be provided for representatives of the Owner, the Public Health Service and the Arkansas State Department of Health. The Contractor shall provide proper facilities for such access and inspection. Unless otherwise directed by the Engineer, all work of a permanent nature which cannot be inspected after completion, shall be done in the presence of an Inspector. NO CONCRETE SHALL BE POURED UNLESS AN INSPECTOR IS PRESENT, The Contractor shall notify the Engineer at least twenty-four hours in advance before concrete is to be poured. It shall be the duty of the Contractor to notify the Engineer in advance of the beginning of work after delays, shutdowns, change of work progress or change of location. The failure or neglect on the part of the Engineer or the Inspector to inspect, condemn or reject inferior materials or work shall not be construed to imply an acceptance of the same should inferiority become evident at any time prior to the final acceptance of the:work by the Owner, or within the time limit of one year as set out in Section 40 of the General Condition.