HomeMy WebLinkAbout79-87 RESOLUTION•
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RESOLUTION NO.
79-87:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT, WITH SWEETSER
CONSTRUCTION COMPANY FOR EARTH WORK ON SOCCER
FIELDS AT WALKER PARK NORTH AND APPROVING A
BUDGET ADJUSTMENT FOR SAID PROJECT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a contract with Sweetser
Construction Company for earth work on the soccer fields at Walker
Park North. A copy of the contract authorized for execution
hereby is attached hereto marked Exhibit "A" and made a part
hereof.
Section 2 That the Board of Directors hereby approves
the budget adjustment reflected in Exhibit "B", attached hereto
and made a part hereof, to appropriate funds for said project.
PASSED AND APPROVED this 6th day of October , 1987.
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711 7
DETAILED SPECIFICATIONS
FOR
WALKER PARK SOCCER COMPLEX)
BID NO 806
Fayetteville, Arkansas
August, 1987
•
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INDEX
ADVERTISEMENT FOR BIDS
BID BOND
PROPOSAL
ARKANSAS PERFORMANCE AND PAYMENT BOND
CONTRACT AGREEMENT
INSTRUCTIONS TO BIDDERS
GENERAL CONDITIONS OF THE SPECIFICATIONS
DETAILED SPECIFICATIONS PART I CONTRACT STIPULATIONS
DETAILED SPECIFICATIONS PART II CONSTRUCTION SPECIFICATIONS
DETAILED SPECIFICATIONS PART III MATERIALS
ADVERTISEMENT
_ BID NO. 806
Notice is hereby given that the City of Fayetteville, Fayette-
&ville, Arkansas, hereinafter called the Owner, will receive sealed
bids at the -Purchasing Agent's Office, City Hall, 113 West Mountain
Street, Fayetteville, Arkansas, until 10:00 a.m., on the 8th day of
September , 1987, .for the furnishing of all tools, labor, and
materials, and performing the necessary work to be done .
The location of the work is set out in the Plans and Specifications
on file in the office of the City Engineer, Fayetteville, Arkansas.
Work to be performed includes the construction of:
Walker Park Soccer Fields #3 and 4, which includes all necessary
excavation, cutting, filling, grading, drainage swale work, and
application of topsoil according to the Plans and Specifications.
All necessary work, materials, and every item of construction
shall be in accordance with the Plans and Specifications as prepared
by the Engineer. Copies of the documents may be obtained from the
o ffice of the City Engineer.
The Contractors shall make such inspection and studies of the site
o f 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 successful bidder
fails, neglects or refuses to enter into the contract for the construc-
tion of said works, and furnish the necessary bonds within ten (10) days
from and after the date the award is made. -
The successful bidder will be required to furnish a 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
o f the particular contract section.
The Owner reserves the right to reject any and all bids, and to
waive any formalities deemed to be in its 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 if this contract exceeds $20,0.00.00.
Notice is hereby given that the City of Fayetteville is an Equal
Opportunity Employer.
The proposed contract is under and subject to Executive Order
11246 of September 24, 1965.
The successful bidder will be required to submit a Certification
o f Non -segregated Facilities prior to award of the Contract, and to
notify prospective subcontractors of the requirement for such a Certifi-
cation where the subcontract exceeds $10,000.00.
1
Neither. contractor nor subcontractor shall exclude from participa-
tion in, deny the benefits of, or suhject to discrimination under any
program or activity, any person_in the U.S. 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 other-
wise 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
April 11, 1968, shall also apply.
This advertisement is hereby made a part of the specifications and
a part of any subsequent contract.
urchasing ent
Proposal of
PROPOSAL
Place
Date / l S'— bl 7
IC.
a corporation* organized and existing under the laws of the State of
GLS/ , and qualified to do business in the State
of Arkansas; a Partnership* consisting of
an Individual* trading as
TO THE CITY OF FAYETTEVILLE, ARKANSAS:
,
The bidder in compliance with your invitation for bids for the construction
of Walker Park Soccer Fields No. 3 and 4
having examined the Plans
and Specifications with related documents and the site of the proposed work,
and being familiar with all the conditions surrounding the work, including the
availability of materials and labor, hereby proposes to furnisn all labor,
material, and supplies required to be furnished, and to construct the project
in accordance with the Contract Documents, and at the prices stated below
These prices are to cover all expenses incurred in performing the work required
under the Contract Documents, of which this proposal is a part.
Bidder hereby agrees to commence work under this contract on a date to
be specified in a written "Work Order" of the Engineer, and to fully complete
the project within 20 consecutive calendar days.
Bidder acknowledges receipt of the following addenda:
* Fill out applicable blank
4
** Unit Prices to be shown in words and figures. In case of discrepancy
amount shown in words will govern.
The unit prices shall include all labor, materials, bailing, shoring,
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 the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn
for a period of sixty (60) calendar days after the scheduled closing time
for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidder will
execute the formal contract attached within ten (10) days and deliver the
Surety Bond or Bonds as required by Paragraph 8 of the General Conditions.
The bid security attached in the sum of S %
is to become the property of the Owner in the event the contract and bond are
not executed within the time above set forth, as liquidated damages for the
delay and additional expense to the Owner caused thereby.
4 Y .
J , = - •
SEALy i;f b'id is
by a corporation
Respectfully Submitted:
•
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fro eeliti 7; 70 /
6
Bid Schedule - Walker Park Soccer Complex
Base Bid
(A Lump Sum Contract)
Complete all necessary excavation, cutting, filling, grading,
drainage swale work, and application of topsoil according to
the Plans and Specifications for Soccer Fields marked as #3
and #4 on the Plans.
This contract contains the following items:
- Approximately
- Approximately
- Approximately
- Approximately
- Approximately
- Construction s
th Engineer.
•
2587 c.y. of Cut
2330 c.y. of Fill (90o compacted/standard)
840 feet of Swales
13,000 s.y. of area to be worked on
1560 c.y. of topsoil
taking, based on the information provided by
7je v %J/i 'a°,
(Words) Figures)
00
ARKANSAS PERFORMANCE AND PAYMENT BOND
(14-604 Arkansas Statutes)
KNOW ALL MEN BY THESE PRESENTS:
a (2) Coq,xrataon
United States Fidelity
(3) & Guaranty Co.
Arkansas
That we (1) Jerry D. Sweetser, Inc.
, hereinafter called "Principal" and
, State of
of Little Rock
hereinafter,called the "Surety", are held and
firmly bound unto (4) City of Fayetteville , hereinafter called
Th�,rrteen thousand eight
"Owner" in the penal sum of hundred dollars ($ 13,800 ),
in lawful money of the United States, for the payment of which sum well
and truly to be made,. said principals and Surety bind themselves, their
heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal
entered into a certain contract with the Owner, dated the 8th
day of September , 19 87, a copy of which is attached and made a part
hereof for the construction of: Walker Park Soccer Fields #3 & #4. Bid #806
Fayetteville, Arkansas.
NOW, THEREOFRE, if the Principal shall well, truly and faithfully perform
its duties, all the undertakings, covenants, terms, conditions, and agree-
ment of said contract during the original term thereof, and any extensions
thereof which may be granted by the Owner, with or without notice to the
Surety, and if he shall satisfy all claims and demands incurred under such
contract, and shall fully indemnify and save harmless the Owner from all
costs and damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay and expense which the Owner
may incur in making good any default, and shall promptly make payment to all
persons, firms, subcontractors and corporations furnishing material for or
performing labor in the prosecution of the work provided for in such contract,
any any authorized extension or modification thereof, all amounts due for,
but not limited to, materials, lubricants, oil, gasoline, coal and coke,
repair on machinery, equipment and tools consumed or used in connection with
the construction of said work, fuel oil, camp equipment, food for men, feed
for animals, premium for bonds and liability and workmen's compensation
insurance, rentals on machinery, equipment and draft animals; also for taxes
or payments due the State of Arkansas or any political subdivisions thereof
which shall have arisen on account of, or in connection with, the wages
earned by workmen covered by the bond; and for all labor performed in such
work whether by subcontractor or otherwise, then this obligation shall be
void, otherwise to remain in full force and effect.
The Surety agrees the terms of this bond shall cover the payment by
the principal of not less than the prevailing hourly rate of wages as
determined by the Arkansas Department of Labor or U. S. Secretary of
Labor, whichever is .greater, to all workmen performing work under the
contract.
PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alternation,
or addition to the terms of the contract or to the work to be performed
thereunder of the specifications accompanying the same, shall in any wise
affect its obligation on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the
contract as to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the
contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts,
each of which shall be deemed an original, this 12th day of
October , 19 87 .
ATTEST:
SECRETARY (PRINCIPAL)
Jerry D. Swcctser, Inc.
(PRINCIPAL)
BY
(TITLE) President
(SEAL) Fayetteville, Ark. 72701
(ADDRESS)
WITNESS AS TO PRINCIPAL
ADDRESS
ATTEST:
SECRETARY (SURETY)
(SEAL)
WITNESS AS TO ATTORNEY-IN-FACT -
ADDRESS
United States Fidelity & Guaranty Co.
(SURETY) c/�r�� ``ti -. r
BY
ATTORNEY-IN-FACT A.P..Eason, Jr. .0.
Fayetteville, AR:- 72701x --
ADDRESS til-- :y Fh %
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CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No 84805
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
A. P. Eason, Jr.
of the City of Fayetteville , State of Arkansas
its true and lawful attorney in and for the State of Arkansas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a, certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
ea s o
! v
m yaawfullyyy do in,the premises by virtue of these presents.
—.in Witness Whereof, the said UNITED STATES FIDELITY. AND GUARANTY COMPANY has caused this instrument to be
sealed with -its corporate eal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 17th day of
citil,,5%°y May , A. D. 1974
UNITED STATES FIDELITY AND GUARANTY COMPANY.
A. P. Eason, Jr.
(SEAL)
STATE OF MARYLAND,
BALTIMORE CITY, 1}
On this 17th day of May , A. D. 1974 , before me personally came
Charles W. Boone , Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and W, G. Hilyard , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland;
that they, the said Charles W. Boone and W. G. Hilyard were respectively
the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor-
poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the
seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora-
tion, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company.
My commission expires the first day in July, A. D. 19...74 ...
(SEAL) (Signed) Herbert J,Aull
ss:
(Signed) By Charles W. Boone
(Signed) W. G. Hilyard
Vice•President.
Assistant Secretary.
STATE OF MARYLAND
BALTIMORE CITY,
L Robert H. Rouse , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Herbert J. Aul l , Esquire, before
whom the annexed affidavits were made, and whohasthereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to he recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
1n Testimony Whereof, I -hereto set my hand and affix the seal of the Superior: Court of Baltimore City, the same being a Court
of Record, this 17th day of May , A. D. 19 74
Robert H. Rouse
} Set.
Notary Public.
(SEAL) (Signed)
FS 3 (9-67)
Clerk of the Superior Court of Baltimore City.
.1 -mann sumnny
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NOLL117OS311 30 Ad03
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, a Partnership, or an individual, as case may be
(3) Correct name of Surety
(4) Correct name of Owner
(5) If Contractor is Partnership, all partners shall execute bond
(6) This bond must be filed with the Circuit Court of the County
where the work is to be performed, prior to the start of const-
ruction
(7) Must be executed by Arkansas Local Resident Agency for Surety
1. THIS
day of
Party of the
and
CONTRACT AGREEMENT
CONTRACT AND AGREEMENT, made and entered into this
19_, by and between the City of Fayetteville, Arkansas,
First Part, acting through it's duly authorized representative,
JERRY D. SWEETSER, INC.
590 WEST POPLAR
FAYETTEVILLE, AR 72703
Party of the Second Part:
WITNESSETH:
That for and in consideration of the payments to be made as hereinafter set
forth, the Party of• the Second Part hereby agrees to furnish all tools,
labor, equipment, materials, and supplies required to the furnished and to
construct the improvements�designatedi/��as
(iO4aEt 43,24 csoC�E2
onto LE
for the City of Fayetteville, Arkansas, in exact accordance with the Plans
on file at the Office of the City Engineer, and Specifications, Proposals,
Stipulations, and Special Provisions attached hereto and made a part hereof
as fully as though copied herein, under the direction of and to the entire
satisfaction of the Party of the First Part and in accordance with the laws
of the State of Arkansas.
2. It is further agreed and understood by and between the parties
hereunto that the Party of the First Part agrees to pay and the Party of the
Second Part agrees to accept as full and final compensation for all work
done under this agreement, the Unit Prices and/or Lump Sum Price named in
the Proposal which is hereto attached, such payment to be made in lawful
money of the United States, at the time and in the manner set forth in the
Specifications.
3. The Party of the Second Part agrees, for the consideration
above expressed, to begin and complete the work within the time specified in
the Proposal. Time is expressly made of the essence of this Contract If the
Party of the Second Part shall fail to complete the work in the time
specified he shall pay to the Party of the First Part, as liquidated
damages, ascertained and agreed, and not in the nature of a
10
penalty, the amount specified in the Proposal for each day delayed, for each
Schedule delayed, which shall be deducted from the final amount to be paid
under the Contract. 'Extensions of time may be granted with waiver of
liquidated damages as provided for in the Specifications.
4. The Party of the Second Part agrees to furnish a Bond, with an
approved Surety thereon, guaranteeing the performance of this Contract, as
required by the lows of the State_of Arkansas, and for not less than one
hundred (100) percent of the amount of this Contract Said Bond shall be
conditioned on full and complete performance of this Contract and acceptance
by the City of Fayetteville for the payment of all labor and materials
entering into or incident to the proposed improvements and shall guarantee
the work against faulty workmanship or materials for a period of one (1)
year after completion. The Surety on said Bond shall be a Surety Company of
financial resources satisfactory to the Party of the First Part, and
authorized to do business in the State of Arkansas.
5. The Party of the second Part agrees also to carry Public Liability
Insurance, Property Damage Insurance, and Workman's Compensation Insurance
in amounts as required by these Specifications.
WITNESS OUR HANDS THIS / & DAY OF ic/'+- , 1987
Attest by City Clerk
WITNESS c—(ROttAi, A Y`Rpt�2
Corporate Seal (if any)
11
CITY OF FAYETfEVILLE
FAYEITEVILI.E, ARKANSAS
c
BY �� ICLUm y µ4
7M1trb
Ma r (/
7/A4", ficatiei u,(140
G Contractor
BYq QnJr _ `�c
UU Name Title
Business
--0/Y
czAvie 727o 3
INSTRUCTIONS TO BIDDERS
1. QUALIFICATIONS OF CONTRACTORS:
Before submitting a bid, bidders must be licensed under the
terms of Act 150 of the 1965 Acts of the Arkansas General Assembly, and the
successful bidder must be legally qualified in all respects to do business
in the State of Arkansas.
When called upon to do so after receipt of Proposals, bidder
shall prepare a Financial Statement, Experience Record, and Equipment
Schedule. These statements shall reflect the current status of the bidder.
The statements of each bidder. must show net liquid assets or credit
facilities in an amount of not less than fifteen (15) percent of the total
amount bid. Each bidder must haye had at least three (3) year's experience
in construction of similar improvements and must have successfully completed
at least three (3) such projects. Each bidder must have equipment available
which, in the opinion of the Engineer, is adequate to complete the work under
these Specifications in the time allowed for completion. Should any bids
be received from bidders whose statement, when filed, fail to show that the
bidder's qualifications meet the minimum requirements above -enumerated,
such bids may be rejected.
2. LOCAL CONDITIONS:
Bidders shall read the Specifications, examine the Plans, and
make their own estimates of the existing facilities and the difficulties
which will attend the execution of the work called for by the proposed
Contract, including local conditions, uncertainty of weather, and all other
contingencies. Bidders shall satisfy themselves by personal examination of
the location of the proposed work, and by such means as they may choose, as
to actual conditions and requirements Information derived from the Plans
and Specifications or from the Engineer or his assistants shall not relieve
the bidder of this responsibility.
3. PROPOSAL GUARANTEES:
Proposals must be accompanied by either a certified or cashier's
check, drawn on a National Bank or a bank having membership in the Federal
--Reserve System, or a Bid Bond executed by a satisfactory Surety. The proposal
guarantee shall be in an amount not less than five (5) percent of the bid
and made payable to the Contracting Authority to whom the Proposal is made.
A lesser amount will not be accepted.
The proposal guarantee, or other bid qualifications, shall be sealed
in a separate envelope firmly attached to the outside of the sealed Proposal.
The outer envelope shall be opened first, and if the documents are not found
to be in order, the sealed Proposal shall be returned to the bidder unopened.
The amount of any check or bond shall be retained by the Contracting
Authority as liquidated damages in case the bidder neglects or refuses to
enter into a contract and to furnish the required contract bond within ten
(10) days after the prescribed contract and bond forms are presented for
signature.
12
Checks of unsuccessful bidders will be returned immediately after
a contract has been executed.
4. PROPOSALS:
(a) Proposals shall be strictly in accord with the prescribed
forms, furnished with the Specifications. Any modifications or deviations
therefrom may be considered sufficient cause for rejection.
(b) The bidder shall state in words and figures the lump sum and
unit prices for which he proposes to do each item of work covered by the
Proposal. In case words and figures do not agree, the words shall govern
and the figures shall be disregarded.
(c) It is to be understood that the lump sum required in the
Proposal is for the furnishing of all materials required to be furnished
and the doing of all work required under these Contract Documents, including
items for which no quantities are given, and the quantities given in the
"List of Variable Quantities" at the end of the Proposal. The "Unit Prices
for Variation of Quantities" required are for adjustment of the "Basic
Bid" by reason of variation of actual variable quantities from the quantities
given in the "List of Variable Quantities". In case unit. prices are not
required, it is to be understood that the lump sum required in the Proposal
is for the furnishingof all materials required to be furnished and the
doing of all work required under these Contract Documents.
(d) Proposals may be submitted for any or all Schedules, if
more than one Schedule is included in the work, but bidders submitting a
proposal for a "construction" Schedule must submit a proposal for any other
Schedule of work incident thereto, such as "Electrical" and "Plumbing".
Where a bidder bids on more than one Schedule and desires to accept the
proposal, but any reservation on the part of the bidder to make a decision
on what Schedules he will accept after bids are opened will render the bid
null and void.
(e) Proposals must be signed, in writing, by an individual
authorized to bind the bidder.
(f) Proposals must be submitted complete, with all other Contract
-Documents in their original binding as furnished by the Engineer. They
must be submitted at the place and on or before the time specified in the
Advertisement for Bids.
(g) Proposals must be submitted in sealed envelopes addressed
to the Contracting authority, and clearly marked on the outside of the
envelope, "Proposal for Construction Contract" to be opened at (date and
time). The Bidder's current Arkansas Contractor's license number must be
marked on the envelope.
(h) The Contracting Authority will not consider bids covering
only a portion of these specifications.
11
seme....•..®,.•111M
•
(i) The unbalancing of bids will not be tolerated. Evidence of
material unbalancing will be considered cause for rejection.
5. MODIFICATION OF BIDS:
No modification of bids already submitted will be considered
unless such modifications are received prior to the hour set for opening.
6. BID BONDS, CONTRACT BONDS, AND INSURANCE:
Attention of bidders is called to Act 82 of the 1935 Acts of the
Arkansas General Assembly, which requires that all bid bonds, performance
bonds, labor bonds, employer's liability insurance, public liability
insurance, workmen's collective insurance, and property damage insurance
must be secured through resident agents of Arkansas.
7. CLARIrICATION OF CONTRACT DOCUMENTS:
If any person contemplating submitting a bid for the proposed
contract is in doubt as to the true meaning of any part of the Plans,
Specifications, or other proposed Contract Documents, he may submit to the
Engineer a written request for any interpretation thereof. The person
submitting the request will be responsible for its prompt delivery. Any
interpretation of the proposed Documents will be made only by an Addendum
duly issued, and a copy of such Addendum will be mailed to each person who
has previously secured or who subsequently secures a set of Documents. The
Contracting Authority will not be responsible for any other explanations
or interpretations of the proposed Documents.
8. EXECUTION OF CONTRACT DOCUMENTS:
Following the award and within ten (10) days, provided for in the
Proposal, the successful bidder shall properly execute five (5) counterparts
of the Contract Documents
9. BASIS OF AWARD:
Bids will be considered on the basis of the total bid price or
prices given in the Proposal. In the event Unit Prices are required they
will not be considered except that evidence of serious unbalancing of the
Unit Prices shall be considered cause for rejection of bids.
The Contract(s) will be awarded to the bidder (or bidders in the
case of more than one Schedule of Work) submitting the lowest and best bid
(or combination of bids), considering the Contractor's experience and
ability to do the work, and the character and quality of the equipment
he proposes to furnish. The Contracting Authority reserves the right to
select such bids or combinationof'bids which in its opinion would serve
its interest best.
The Contracting Authority reserves the right to select between
any Alternatives in the Proposal.
14
10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS:
If this contract is less than $ 20,000.00 the following
exception applies:
The Contract or is not required to be licensed under the
terms of Act 150 or the 1965 Acts of the General Assembly.
11. TIME OF COMPLETION AND LIOUIDATED DAMAGES:
Bidder must agree to commence work on or before a date to
be specified in a written "Notice to Proceed" of the Owner and to fully
complete the project within the time specified in the proposal.
Liquidated damages are hereby set at 5100...00 per day.
12. NOTICE OF SPECIAL CONDITIONS:
Attention is particularly called to those parts of the contract
documents and specifications which deal with the following:
(a) Inspection and testing of materials.
(b) Insurance requirements
(c) Wage rates._ -
(d). Special equipment which: the Contractor must use on the job.
13. SAFETY STANDARDS AND ACCIDENT PREVENTION:
With respect to all work performed under this contract, the
Contractor -shall: ----
1. Comply with thesafety standards provisions of applicable laws,
building and construction codes and the "Manual of Accident Prevention
in Construction" published by the Associated General Contractors of
America, the requirements of the Occupational Safety and Health Act of
1970 (Public Law 91-596), and the requirements of Title 29 of the
Code of Federal Regulations, Section 1518 as published in the "Federal
-Register", Volume 36, No. 75, Saturday, April 17, 1971.
2. Exercise every precaution at all times for the prevention of
accidents and the protection of persons (including employees) and
property.
3. Maintain at his office or other well known place at the job site,
all articles necessary for giving first aid to the injured, and shall
make standing arrangements for the -immediate removal to a hospital or
a doctors care of persons (including employees), who may be injured on
the job site. In no case shall employees be permitted to work at a job.
site before the employer has made a standing arrangement for the removal
of injured persons to a hospital or a doctors care.
15
0 0
I. qcordjealuet r
PRODUCER -
Lr Eason & Co., Inc.
P.O. Boot 4217
Fayetteville, AR 72702
INSURED
Jerry D. S etser, ' Inc.
590 Vast Poplar ".
Fayetteville, AR 72701
[1 ❑ 0
ITTEILMIP
IISSUE DATE (MM/DD/YY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS •
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANY
LETTER
COMPANY
LETTER
COMPANY
LETTER -
COMPANY
LEITER
COMPANY
LETTER
A
B
C
D
E
COMPANIES AFFORDING COVERAGE
United States Fithlity & Qiarant CO.
ilfrA40Ae4.-1
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO
LTR
TYPE OF INSURANCE
GENERAL LIABILITY
X COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
_ EXPLOSION 8 COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED AUTOS (PRIV. PASS.)
ALL OWNED AUTOS /OTHER THAN)
l PRIV. PASS. I
HIRED AUTOS
NON-OWNEO AUTOS -
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
POLICY NUMBER
1EC086687282
BAP92573690
C P07338244
3902852861
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS
Pe. Walker Park Soccer Fields
pwavaNntOuclicin
City of Fayetteville
P.O. Drawer F
Fayetteville, AR 72702
POLICY EFFECTNE
DATE (MMNOA'Y)
POLICY 6/ROAMS
DALE (MM/DOM1
10/30/87 10/30/88
10/30/87
10/30/87
10/30/87
#3 & #4 .t'
Na1.TN111/AINI.1
10/30/88
10/30/88
LIABILITY LIMITS IN THOUSANDS
EACH
OCCURRENCE AGGREGATE
BODILY
INJURY
•
$ 1,000 $ 1,00n
PROPERTY
DAMAGE $ 1,000
BI 8 PD
COMBINED $
$1,00n
$
. PERSONAL INJURY $
BODILY
IWO
PEB HBA $ . 1,000
BODILY
i(FBI CODER $ 1, 000
PROPERTY. nF�
DAMAGE""' $ 1,000
BI & PD
COMBINED $
COMBNED $ 1!000 $ 1,000
STATUTORY
$loo
$
$
(EACH ACCIDENT)
(DISEASE -POLICY LIMIT)
(DISEASE -EACH EMPLOYEE)
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EX-
PIRATION. DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL - . DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY
OF ANY KIND UPON THE C 1 ANY, ITS AGE 1v REPRESENTATIVES.
AUTHORIZED REPRESENT I
•
GENERAL CONDITIONS OF THE SPECIFICATIONS
1. GENERAL DESCRIPTION:
The work embraced in these Contract Documents consists of
the following:
Complete all necessary excavation, cutting, filling, grading,
drainage swale work, and application of topsoil.
DEFINITION OF TERMS:
Wherever in these Documents the following terms are used,
they are understood to have the following meanings:
"OWNER" or "CONTRACTING AUTHORITY" shall mean the City of
Fayetteville, Arkansas.
"ENGINEERS" or "ENGINEER" shall mean the City Engineer, Fayetteville,
Arkansas, City Administration Building, 113 West Mountain Street ,
Fayetteville, Arkansas, 72701.
"CONTRACTOR" shall mean the individual, partnership, or corporation
that may have entered into the contract with the Contracting Authority
to perform the work specified herein.
"WORK" shall mean the furnishing of all necessary cools, labor,
equipment, materials, and supplies required to be furnished by the
Contractor under these Specifications.
3. LAWS AND REGULATIONS:
All work shall be done in conformity with the laws of the
State of Arkansas, and any subdivision thereof, municipal and local laws
"And ordinances, and all applicable federal statutes, laws or regulations.
No convict labor shall be employed on this project.
4. CONTRACT DOCUMENTS:
The "Advertisement for Bids", the "Proposal", the "Bond"
the "Instructions to Bidders", the "General Conditions", the "Detailed
Specifications", and the "Plans", are each and all of the Specifications
component parts to the agreements governing the work to be done and the
materials and equipment to be furnished.
16
The Contract Documents are complimentary, and what is called for
by one shall be as binding as if called for by all. The intention of the
Documents is to include all tools, labor, equipment, materials and supplies
necessary for the proper execution of the work. Materials or work described
in words which so applied have a well-known Technical or Trade meaning shall
be held to refer to such recognized meaning.
provided:
The following copies of the executed Contract Documents will be
One for the Contracting Authority,
One for the successful Bidder,
One for the Engineer,
One for the Surety,
One for filing with the Circuit Clerk in the County where the
Work is to be performed.
5 SUBCONTRACTS:
The Contractor shall, as soon as Practicable after the signing of
the Contract,'submit to the Engineer, in writing, the names of any Sub-
contractors he proposes for any part of the work.
The Engineer's approval must be secured, in writing, on all Sub-
contracts before they are made and signed.
The Contractor shall be held fully responsible to the Contracting
Authority and the Engineer for the acts and omissions of his Subcontractors
and of the persons directly or indirectly employed by his Subcontractors.
Nothing contained in these Specifications or in the Contract
Documents shall create any contractual relation between any Subcontractor
and the Contracting Authority.
6. THE CONTRACTOR:
It is understood and agreed that the Contractor has satisfied him-
self as totthe nature and location of the work, the conformation of the
ground, the character, quality, and quantity of the materials to be encountered,
the character of the equipment and facilities needed preliminary to and
during the prosecution of the work, the general local conditions, and all
other natters which can in any way affect the work under this Contract. No
verbal agreement or conversation with any officer, agent, or employee of
the Contracting Authority or Engineer, either before or after the execution
of this Contract, shall affect or modify any of the terms or obligations
herein contained.
17
7. THE ENGINEER:
The Contracting Authority contemplates and the Contractor shall
permit and make possible a thorough inspection by the Engineer of all work
and materials furnished under the Contract Documents. The Contractor shall
perform the work to the satisfaction of the Engineer. No work shall be
performed by the Contractor without the knowledge and approval of the Engineer.
The Contractor shall be an "independent contractor" with full
power and authority to select the means, methods and manner of performing
the work, being responsible to the Contracting Authority for all materials
delivered and the results contracted for. The authority of any represen-
tative of the Contracting Authority of the Engineer is limited to such
determinations concerning the interpretation and performance of the Contract
Documents The failure of any representative of the Contracting Authority
or of the Engineer to condemn or reject work or materials, or otherwise to
exercise any function entrusted to him, shall not excuse the Contractor
from the faithful performance of this Contract, nor shall such action imply
any acceptance by the Contracting Authority or by the Engineer of faulty
work or materials.
The Engineer shall, within a reasonable time after presentation,
make decisions in writing on claims arising between the Contracting
Authority and, the Contractor and shall make interpretations of plans and
specifications.
8. BOND:
Coincident with the execution of the Contract, the Contractor shall
furnish a good and sufficient surety bond in the amount of one hundred (1000)
percent of the contract sum, guaranteeing the faithful performance of all
covenants, stipulations, and agreements of the Contract, the payment of
all bills and obligations arising,from the execution and performance of the
Contract, and guaranteeing'the work against faulty workmanship and materils -
during construction and for one year after completion, all provisions of
the bond to be complete and in full accordance with the statutory require-
ments. The bond shall be executed with the proper Sureties through a company
-licensed and qualified to operate in the State and approved by the Con-
tracting Authority. If at any time during the continuance of the Contract,
the Surety on the Contractor's bond becomes irresponsible, the Contracting
Authority. shall have the right to require additional sufficient Sureties
which the Contractor shall furnish to the satisfaction of the Contracting
Authority within ten (10) days after the notice to do so. In default, thereof,
the Contract may be suspended, and all payments or money due the Contractor
withheld.
The bond must be filed with the Circuit Clerk of the County in
which the work is to be performed before any work under the Contract is
performed.
A form of this bond is attached hereto and made a part of these
Specifications.
13
The Contractor shall maintain such insurance as will protect him
from claims under workmen's compensation acts and other employee benefits
and from claims for damages because of bodily injury, including death, and
from claims for damages to property which may arise out of operations or the
work, whether such operations be by himself or by any subcontractor or any-
one directly or indirectly employed by either of them. The insurance shall
be written in companies authorized to do and doing business in Arkansas and
for not less than the following limits:
Comprehensive General Public Liability with bodily
injury limits of $ 100,000 and $ 300,000 and property
damage limits of $ 50,000;
Comprehensive Automobile Liability (owned, hired
and non -owned Vehicles) with bodily injury limits
of $ 100,000 and $ 300,000 and property damage limit
of $ 50,000 for each accident;
Standard Workmen's Compensation and Employer's
Liability covering with statutory limits;
Contractual liability insurance with bodily injury
limits of $ 100,000 and $ 300,000 and property damage
limits of $ 50,000.
Certificates of such insurance shall be filed with the Engineer
before work commences under any contract or subcontract.
10. ROYALTIES AND PATENTS:
The Contractor shall,pay all royalties and license fees. He shall
defend all suits or claims for infringement of any patent rights, and shall
save the Contracting Authority from -loss on account thereof.
11. INSPECTION:
The detailed manner and method of performing the work shall be
under the direction and control of the Contractor, but all work done shall
at all times be subject to the inspection of the Engineer or his authorized
representative to see that it is done in accordance with the Contract
Documents.
Insoectors may be appointed by the Engineer or Contracting
Authority and their duty shall be to guard the Contracting Authority against
defects and deficiencies in the work and to see that the work is done in
accordance with the Contract Documents Inspectors shall have authority,
subject to the final decision of the Engineer, to condemn and reject any
defective work and to suspend the work when it is not being done properly,
but the responsibility for the work and compliance with, the Contract Documents
.and all applicable laws, rules -and regulations shall be the Contractor's.
Inspectors shall have no authority to permit any deviation from
the Plans and Specifications except on written order from the Engineer, and
the Contractor will be liable for any deviation except on such written order.
19
The inspector shall in no case act as foreman or perform other
duties for the Contractor, nor interfere with the management of the work
by the latter. Any advice which the inspector may give the Contractor
shall in no wise be construed as binding to the Engineer in any way or
releasing the Contractor from fulfilling all the terms of the Contract.
All condemned work shall be promptly taken out and replaced by
satisfactory work. Should the Contractor fail or refuse to comply with
instructions in this respect, the Contracting Authority may, upon certifi-
cation by the Engineer, withhold payment or proceed to terminate the contract
as provided herein.
Any defective work may be rejected by the Engineer at any time
before final acceptance of the work, even though the same may have been
previously overlooked and estimated for payment.
12. WORKMANSHIP AND SUPERINTENDENCE:
The Contractor shall keep on this work, during progress, a competent
superintendent and any necessary assistants. The superintendent shall
represent the Contractor in his absence and all directions given to him
shall be as binding as if given to the Contractor.
The Contractor shall provide proper tools and equipment and the
service of all workmen, mechanics, tradesmen, and other employees necessary
in the execution of the work contemplated herein. The employees of the
Contractor shall be competent and willing to perform satisfactorily the
work required of them. Any employee who is disorderly, intemperate, or in-
competent, or who neglects or refuses to perform his work in a satisfactory
manner, shall be promptly discharged.
It is particularly called to the Contractor's attention that only
first-class workmanship will be acceptable.
13. POSITION, GRADIENT, AND ALIGNMENT:
The Engineer shall set such stakes to proper line and grade as may
be necessary for guidance of the Contractor in the proper performance of
the work, and all work must conform closely to the lines and grades given.
It shall be the duty of the Contractor and his employees to call
the Engineer's attention to any stakes which may have been disturbed or
which seem.to be off line or grade.
The Contractor shall carefully preserve bench marks, reference
points, and stakes, and in case of willful or careless desruction, he shall
be charged with the resulting expense and shall be responsible for any mis-
takes that may be caused by their unnecessary disturbance or loss.
14. PROTECTION OF WORK, PROPERTY, AND PERSONS AND CONTRACTOR'S
RESPONSIBILITY FOR DAMAGE CLAIMS:
The Contractor shall adequately protect the work, the Contracting
Authority's property, adjacent property and the public from injury, damage
or loss arising in connection with the contract or the work.
20
The Contractor shall provide and maintain all passageways, guard
fences, lights or other facilities for safety and protection required by
any public authority or local conditions.
The Contractor assumes entire responsibility and liability for
any third party claims and actions based upon or arising out of injuries,
including death to persons or damage to or destruction of property, sus-
tained or alleged to have been sustained in connection with or to have
arisen out of or incidental to the performance of this contract by the
Contractor, his agents and employees and his subcontractor, their agents
and employees, regardless of whether such claims or actions are founded in
whole or in part upon alleged negligence of the Contracting Authority,
Contracting Authority's representatives or .the Engineer, or the employees,
agents or licensees thereof. The Contractor shall indemnify and hold
harmless the Contracting Authority and its representatives and the Engineer
and his representatives in respect to any such matters.
15. LEGAL RESTRICTIONS AND PERMITS:
The Contractor shall procure at his own expense all necessary
licenses and permits of a temporary nature, and shall give due and adequate
notices to those in control of all properties which may be affected by his
operations. Permits, licenses, and easements for permanent structures or
permanent changes in existing facilities will be provided by the Contracting
Authority unless otherwise specified. The Contractor must obtain per-
mission from the Contracting Authority or other proper authority before
blockading any roads or highways, and shall furnish all necessary barricades
and detour signs. The Contractor shall give all notices and comply with all
laws, ordinances, rules, and regulations bearing on the conduct of the
work as drawn or specified.
16. ASSIGNHENTS•
No assignment`'by the Contractor of the contract, or any part there-
of, or of the funds to be received thereunder by the Contractor, will be
recognized unless such assignment has had the written approval of the Con-
tracting Authority, and the Surety has been given due notice of the assign-
ment in writing.
No assignment, transfer, or subletting, even though consented to,
shall relieve the. Contractor of his liabilities under this Contract. Should
any Assignee fail to perform the work undertaken by him in a satisfactory
manner, the Contracting Authority may, at its option, annul and terminate
Assignee's contract.
17. OTHER CONTRACTS:
The Contracting Authority reserves the right to let other contracts
in connection with this work. The Contractor shall afford other Contractors
reasonable opportunity for the introduction and storage of their materials
and the execution of their work, and shall properly connect and coordinate
his work with theirs.
21
•
•
Whatever work being done by the Contracting Authority's forces or
by any other Contractor is contiguous to work covered by this Contract, the
respective rights of the various interest involved shall be established
by the Engineer, in order to secure the completion of the various portions
of the work in general harmony.
18. SUSPENSION,OF WORK:
The Contracting Authority may at any time suspend the work or any
part thereof by giving ten (10) day's notice to the 'Contractor in writing;
the work shall be resumed by the Contractor ten (10) days after the date
fixed in a written notice from the Contracting Authority to the Contractor
to do so.
If the work, or any part thereof, shall be stopped by the notice
in writing aforesaid, and if the Contracting Authority does not give notice
in writing to the Contractor to resume work at a date within twenty (20)
days of the date fixed in the written notice to suspend, except in the
case of litigation, then the Contractor may abandon that portion of the
work so suspended, and he will be entitled to the estimates and payments for
all work done on the portions so abandoned, if any.
19. THE CONTRACTING AUTHORITY'S RIGHT TO CO WORK:
If the Contractor should neglect to presecute the work properly or
fail to perform any provision of this Contract, the Contracting Authority
after three (3) day's written notice to the Contractor may without prejudice
to any other remedy it may have, make good such deficiencies, and may de-
duct the cost thereof from payments then or thereafter due the Contractor.
20. THE CONTRACTING AUTHORITY'S RIGHT TO TERMINATE CO:7TR=.CT:
If the Contractor should be adjudged a bankrupt, or if he should
make a general assignment for the benefit of his creditors, or if a receiver
should be appointed on account of his insolvency, or if he should refuse or
should fail, except in case for which extension of time is provided to
supply enough properly skilled workmen or proper materials, or if he should
fail to make prompt payment to Subcontractors or for material or labor, or
-desregard laws, ordinances, or the instructions of the Engineer, or other-
wise be guilty of a substantial violation of any provision of the Contract,
then the Contracting Authority, upon the certificate of the Engineer that
sufficient cause exists to justify such action, may, without prejudice to
any other right or remedy and after giving the Contractor ten (10) day's
written notice, terminate the employment of the Contractor as provided under
Paragraph 21, immediately following. In such case, the Contractor shall
not be entitled to receive any further payment until the work is finished.
If the unpaid balance of the contract price shall exceed the expense of
finishing the work, including compensation for additional managerial and
administrative services, such excess shall be paid to the Contractor. If
such expenses shall exceed such unpaid balance, the Contractor shall pay
the difference to the Contracting Authority. The expense incurred by the
Contracting Authority as herein provided and the damage incurred through
the Contractor's default, shall be certified by the Engineer.
22
Pending settlement of disputes on any point of controversy,
the Engineer may suspend action on all or any part of the work. The
Contractor shall not be entitled to any claim for
reason of such delay, nor shall he be entitled to
although such extension of time may granted by
deems it in the interest of the work.
21. TERMINATION FOR BREACH:
loss or damage by
extension of time,
the Engineer if he
In the event that any of the provisions of this Contract
are violated by the Contractor or by any of his Subcontractors, the
Contracting Authority may serve written notice upon the Contractor and
the Surety of its intention to terminate such Contract, such notices to
contain the reasons for such intentions to terminate the Contract, and
unless within ten (10) days after the serving of such notice upon the
Contractor such violation shall cease and satisfactory arrangements for
correction by made, the Contract shall, upon the expiration of said ten
(10) days, cease and terminate. In the event of any such termination,
the Contracting Authority shall immediately serve notice thereof upon
the Surety and the Contractor, and the Surety shall have the right to
take over and perform the Contract, provided, however, that if the
Surety does not commence performance thereof within thirty (30) days
from the date of the mailingto such Surety of notice of termination,
the Contracting Authority may take over the work and prosecute the
same=to completion by contract for the account and at the expense of
the Contractor, and the Contractor and his Surety shall be liable to the
Contracting Authority for any excess cost occasioned the Contracting
Authority thereby, and in such event the Contracting Authority may
take possession of and utilize in completing the work, such materials,
appliances, and Plant as may be on the site of the work and necessary
therefor.
22. PAYMENTS DIITHHELD:
The Contracting Authority may withhold or, on accout of
subsequently discovered evidence, nullify the whole or part of any
certificate to such extent as may be necessary to protect the Contract-
ing Authority from loss on account of:
Defective work not remedied,
Claims filed or reasonable evidence indicating
probable filing of claims,
Failure of the Contractor to make payments properly
to Subcontractor or for material or labor,
Damage to another Contractor,
Incomplete work
When the above grounds are removed, payment shall be
withheld because of them.
23. DELAYS AND EXTENSIONS OF TIME:
made for amounts
If, at any time, the Contractor considers he is being delayed
by an act or neglect of the Contracting Authority or its employees, or
by any other Contractor employed by the Contracting Authority, or by any
changes or additions ordered in the work, or for any reason beyond his control,
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he shall within ten (10) days from the beginning of such delay notify the
Engineer in writing of the causes of any such delay. Extensions of time,
with relief from responsibility for liquidated damages incurred by the
Contracting Authority on account of such delay, will be granted the
Contractor, when, in the opinion of the Engineer, the causes so called to
his attention warrant such extensions of time. No claims for delay will
be considered unless such notice has been filed with the Engineer within
the time specified above.
The Contractor will be required to furnish the Engineer two copies
of each purchase order for materials and equipment as they are issued. If.
the Contractor shall seek an extension of time because of delay in receiving
delivery of critical materials, such extension of time may be granted when,
in the opinion of the Engineer, the extension is Warranted and the delay is
in no way caused by the Contractor's financial status or by any act or
failure to act on the part of the Contractor. Failure to get items of
material or equipment not essential to the completion of those portions of
the work, which, in the opinion of the Engineer requires supervision by an
Engineer, shall not be deemed justification for waiver of liquidated damages,.
however, even though such delays are beyond the Contractor's control, and
even though such items of material or equipment may be essential to the
actual placing in operation of a portion of all of the project. When such
items of materials or equipment are delayed for reasons beyond the Contractor's
control, he shall complete all other work within the specified construction
period.
Extensions of time, without relief from responsibility for liqui-
dated damages incurred by the Contracting Authority on account of delays,
may be granted the Contractor on account of his failure to complete the work
within the time specified.
24. ADDITIICNAL, OMITTED. OR CHANCED WORK:
The Contracting Authority, without invalidating the Contract may
order additional work to be done in connection with the Contract or may alter
or deduct from the work, the Contract sum to be adjusted accordingly.
Additional work shall be done as ordered in writing by the Engineer,
-which order shall state the location, character, and amount of extra
work. All such work shall be executed under the conditions of the original
contract and subject to the same inspection and tests as though therein
included.
Compensation for additional, omitted, or changed work shall be
adjusted as follows:
Any changes in quantities of work for which unit prices are required
in the Proposal shall be at and for the price bid. Work for which prices
are not required shall be paid for or deducted, as the case may be, upon
the basis of an estimate prepared by the Contractor and approved by the
Engineer, prior to the written order changing the quantity of work.
If the Contractor claims compensation for additional work not
ordered as aforesaid, or for claims of damages sustained, he shall make a
written statement of claims for compensation or damages to the Engineer,
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