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HomeMy WebLinkAbout169-91 RESOLUTIONaCI • • RESOLUTION NO. 169-91 A RESOLUTION AWARDING BID 91-44 TO TOMLINSON ASPHALT FOR A ASPHALT TRAIL IN GULLEY PARK AND TO MCCLINTON ANCHOR FOR A SAND VOLLEYBALL COURT AND BRIDGE RAILINGS. 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 to award contracts to Tomlinson Asphalt for the asphalt trial in the amount of $37,820; and to McClinton Anchor for a sand volleyball court and bridge railings in the amount of $20,945. These projects are in Gulley Park and will be funded from the greenspace account and the sales tax bond money. A copy of the bid tabulations are attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 17th day of September , 1991. APPROVED: By 2�i////� Mayor r ATTEST: By: r M City C(brk • • • CONTRACT This contract executed this 17th day of September 1991, between the City of Fayetteville, Arkansas, hereinafter called the City, and Tomlinson Asphalt Company, Inc., hereinafter called the Contractor, and having an address at 1411 W. Van Asche, Fayetteville, AR 72703, and telephone number 501/521-3179. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Contractor at his own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete the Gulley Park improvements, Contract Section I, in accordance with plans and specifications attached hereto and made a part hereof, as stated in CONTRACTOR'S PROPOSAL, and in accordance with plans and specifications attached hereto and made a part hereof under Bid #91-44, all included herein as if spelled out word for word. 2. The City shall pay the Contractor based on a per unit price as indicated in CONTRACTOR'S PROPOSAL, Contract Section I, upon completion of work called for in the plans and specifications. Said consideration shall be payable to the Contractor on a per unit basis as invoiced and accepted by the City. Contract amount is not to exceed $37,820.00. 3. The Contract documents which comprise the contract between the City and the Contractor consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 91-44 with the specifications and conditions typed thereon. B. The Contractor's proposal. C. The Notice to Prospective Bidders. D. Plans for said improvements. 4. These Contract documents constitute the entire agreement between the City and the Contractor and may be modified only by a duly executed written instrument signed by the City and the Contractor. 5. Contractor shall not assign his duties under the terms of this agreement. • • • 6. Contractor agrees to hold the City harmless and indemnify the City, against any and all claims for property damage, personal injury or death, arising from Contractor's performance of this contract. This paragraph will in no way affect or waive the City's Tort Immunity. 7. The Contractor shall furnish a certificate of insurance addressed to the Owner, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1,000,000 for each accident. Property Damage Liability $250,000 for each accident. $500,000 aggregate Contractural Liability $1,000,000 for bodily injury limits and property damage limits The insurance shall include explosion, collapse and underground coverage. The premiums for all insurance.and the bond required herein shall be paid by the Contractor. 8. Contractor agrees to furnish a Performance Bond, approved by the City, guaranteeing the performance of this contract, for not less than one hundred percent of the amount of this contract. Said performance 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 Contractor agrees to furnish proof of licensure as required under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. 9. The actual notice to proceed will be in writing and will be issued byte City of Fayetteville Parks Division. 10. Contractor agrees to begin work within ten (10) days after issuance by the City of a "Work Order" or "Notice to Proceed" and to complete the work within 60 calendar days thereafter. 1 • • • • • • • 11. All work called for herein shall be coordinated directly with Mr. Dale Clark, Parks and Recreation Director. A Coi- WITNESS OUR HANDS THIS 17th DAY OF September ITY CLERK APPROVED AS TO JERRY 11SE,CITY ATTORNEY BY 1 1991. CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS TeCt- CITY MANAGER/MAyoR ,i-NlinSe) NAME BY IC ca:erh id NAME AND TLE /j/// it/ ,an e e 70770.3 BUSINESS ADDRESS 10- 91 -4 A.I.A. Document No. A-310 (February 1970 Ed ) am `\1r� Sedgwick James Sedgwick James of A kansas, Inc. 900 S Snacklelord Road, S.1 le 600 °O Box 51 , Little Rock. ArKansas 72203-0511 Telephone (501) 223.3111 Telex 536249 Facsimile (501)223-8461 KNOW AL.L MEN BY THESE PRESENTS, that we, as Principal, hereinafter called the Principal. and BID BOND APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION INSURANCE COMPANY OF NORTH AMERICA a corporation duly organized under the laws of the State of PENNSYLVANIA as Surety. hereinafter called the Surety. are held and firmly bound unto City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 as Obligee, hereinafter called the Obligee in the sum of Five Percent of the Amount of Bid Dollars I$ 5% for the payment of which sum well and truly to be made. the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators. successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Gulley Park Improvenents, consisting of Asphalt Trails, Culverts, Volleyball Court and Protective Berm and Bridge Rails NOW. THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid. and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and mateial furnished in the prosecution thereof, or in the event of the failure of the Prnc.pai to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shah be null and void. otherwise to remain in full force and effect Signed and sealed this 30th day of August S —1316-B (Witness) c gC (Wtness) - ) �• RY• (Title) A.D. 19 91 APAC-ARKANSAS, INC., McCLTNTON-ANCHOR DIVLSIOt (Principal) (Seal) 66_ Vice Preside INSURANCE COMPANY OF NORTH AMERICA /A(Surety) ;Judy Fr Butler (Seal) Attorney in fact ORNEY Insurance Company of North America c CIGNA company 253922 Know ail men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Penneylvenia, having ha principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors of the said Company on December 5. 1983, to wit: 'MSOWlO. let nun se Articles ale and 5.1 ol Wee M•Lww 1M Wong aunt .MN inn M nano* kw 1M Conpasy of beenn, uM.MLaes, recogniint omincic end other Mien le Nis amnia Rase (1) (2) alga4Ms of the Pendent. or a ends Vk. PIsiMM, or a Vies Pre dere. or M Relent Vim Pisani and the seal of the CrpenY nay M haat by Main on as power el intros yarned pumas Is gen Resolution. ren the Spa i n h a mains Officer ane the nal ed the Company my M .Mew by Ise..- to any ardent al ant sun pelm sen any soh power Of cwlflbhp Marty non Sane aplMre an Rel Moll be renis en biding on 1M Campsy. (4) Sun other Mien os int Coepen. end Anom.yawPnt MW Ma tdholy 10 cMify me redly copes of In Resalutbe, the Byars of the Company. aM say .Nal or mord a no Conan necessary a Ma MClfsege of Mar dulled Se nsssg. et Was Resolution does nal suns ant urger midway rained by Resolution of the Hotel of Directors .pooled on June S. 1941 Msy 21 Zara .M Morn S. 111177:' hereby nominate, constitute and appoint DONALD R. HENDERSON, JUDY FRANKS BUTLER, and MARY GARDNER, of the City of Little Rock, State of Arkansas Thew IM ►IiWS, .p SMW Wks Penlarlf, ally vee Paearn. MY A.ntst Wee Prosiest, or soy Anon.y.whet. m .anut. lee and on behalf h de Company any ad ell bons. an.rtMMge. rKO9114110 . Gannet, ant OW slag. in 111a RW. Mnen the urns lo be .Nwl.d when money by the CoipaMN r en A..ntest Canna S.a.IM'. ead M. Mw efSts Cee ray abed 1M1.be: ma Mel fele Prsh-fel..n Sear Vico Pasant, qy Vic. Praaldenl or wry esslatere Vk. Preeleerd self anon and .uMiMz. ny other Officer (anted r appealed) ol s. Canny, rut MpMys-P-Feet to n amnia or ass to the execution of all mush saran On Shelf MIM Colman' ad to ad M. mil of M. Cana It*.mo- My We tress ea.eMad le scendanC4 nth nee Rales MM bees beds poll the Cryan in a y GN Mt nosh .,need by el. Penned and attested to by Me Cnprale 6.crelery. w does all its true and lawful agent and attorney-in-fact, to make, execute. seal and deliver tor and on its behalf, and es its act and deed any and all Bonds and Undertakings, LIMITED in amounts, TWENTY FIVE MILLION 025,000,000.) on behalf of APAC-Arkansas, Inc. and APAC-Mississippi, Inc., and APAC-Tennessee. Said Bonds and Undertakings to be signed for the Company and the Seal of the Company attached thereto by any one of the said Donald R. Henderson, Judy Franks Butler, and Mary Gardner, individually. And the execution of such writings in pursuance of these presents shall be as binding upon said Company, ea fully and amply as it they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF. the said R. E. Giveane, Vice -President, has hereunto subscribed his name and affixed the day of corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 19th August 1g 90 COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA On this 19th day of August 53. INSURANCE COMPANY OF NORTH AMERICA by '• `r• •r ionic.. A .� <�� R. E. GIVEANS, Vice President A D 1994._ before the subscriber, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia duly commissioned and qualified, came R. E. Gtveans Vice - President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual end officer described in. and who executed the preceding instrument, and he acknowledged the execution of the same. and, being by me duly sworn, deposeth and seith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument h the corporate seal of said Company. and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and directip111Wwj$corporation, and that Resolution, adopted by the Board of Directors of said Company. referred to in the preceding instrun t�'� OA_ �G� `•ab • 1• 9EOF. 1 has • - seal at the City of Philadelphia the day and year firapaD _ flan, jti; • NOTARIAL SEAL OF 5- JULIA ANNA ROHANA, Notary Public _ c* Philadelphia, Philadelphia County (S41.) -• — My Commission Expires August 20, 1 an Plane ,',p�C,,1a,,,,,,a gyp•'' P. 1. the 6p�eralgfiliS? asc(PFary o�NSURANCE COMPANY OF NORTH AMERICA, do hereby certify that Me original POWER OF ATTORNEY. of which the forego, *. y teeorrect Dopy, is in full force and effect. In witness 1afitMpf%$ l've hereunto subscribed my name as Secretary, and/adixed Mt corporate seal of the Corporation, thie 3Othday or August 19 91 T,r il Jona 8. wrier) Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION [RITE AFT efaugstata9S ai4199e411 Pw. w uiw 08/28/91 14:44 121 575 8257 City Ot Fay'vlle 111002 • • • MEMM GULLRY PARK - PHASE II Addendum No. 1 an The following changes are made a part of the Gulley Park Phase II project, City of Fayetteville Bid no. 91-44. General scope of the addendum: The time of performance is changed from 30 days to 60 days. specific Changes: 1. Instructions to bidders - paragraph 11, "Time of completion and liquidated damages" is revised to read as follows: "Bidder must agree to commence work on or before a date to be specified in a written "Work Order" or "Notice to Proceed" from the City and to fully complete the project within sixty (60) calendar days thereafter. Liquidated damages will be assessed for all delays beyond the contract sixty (60) calendar day period which are assessable to the contractor. If the construction process is delayed by events beyond the control of the contractor, the City of Fayetteville may grant an excusable time extension. The charge for liquidated damages shall be $250.00 per day." 2. Contract clause 10. is revised to read as follows: "Contractor agrees to begin work within ten (10) calendar days after issuance by the city of a "Work Order" or "Notice to Proceed" and to complete the work within sixty (60) calendar days thereafter." Acknowledgement by the bidder: AP,Ar- ketots ts, hct . neCliaint Abler QvvISc+rkr— Bidder Date • • NOTICE TO BIDDERS BID NO. 91-44 GULLEY PARK IMPROVEMENTS Consisting of Asphalt Trails, Culverts, Volleyball Court & Protective Berm and Bridge Rails The City of Fayetteville, Arkansas, will receive sealed bids at the Purchasing Office, City Hall, 113 West Mountain Street, Fayett:-vilie, Arkansas until August 30, 1991, 10:30 a.m. for the furnishing of Asphalt Trails, Culverts, Volleyball Court & Protective Berm and Bridge Rails. Bid forms, specifications and plans may be obtained from the Purchasing Office, located in Room 307, 3rd Floor of the City Administration Building. For information concerning the proposed wcc]L or for an appointment to visit the site of the work, contact. M.r. Dale Clark at the Fayetteville Youth Center, 501/442-9242. The City reserves the right to reject any and all bids, and to waive any formalities deemed to be in th• City's best interest. Bids received after the time specified above will not be accepted. Peggy A. Bates Purchasing Manager Publish August 18th and 25th, 1991 Billing refer to P.O. 28991. • si • PROJECT MANUAL TABLE OF CONTENTS Bid/Contract Sections I - Asphalt Jogging Trail II - Volleyball court and protective berm III - Bridge Rails Instructions to Bidders General Conditions of the Specifications Contract Form List of Drawings Technical Specifications Section 101 - Scope of Work Section 102 - Materials and equipment Section 201 - Site Grading Section 202 - Asphaltic Concrete Paving Section 301 - Volleyball Court Section 401 - Carpentry 1 k PEGGY BATES PURCHASING OFFICER (501) 575-8281 INVITATION TO BID CRY OF FAYETTEVILLE, ARKANSAS MAILING ADDRESS: PURCHASING DEPT. 113 W. MOUNTAIN CITY ADMININSTRATION BLDG ROOM 307 FAYETTEVILLE. ARKANSAS 72701 BID NUMBER: 91-44 DATE ISSUED: 8/18/91 DATE & TIME OF BID OPENING: 10:30, August 30, 1991 COMMODITY CLASSIFICATION: BUYER: Peggy Bates CONTRACT PERIOD OR DATE notice to DELIVERY REQUIRED: 30 days after proceed. F O.B.: Fayetteville, AR BUYER'S PHONE 0: 501/575-8289 BIDDERS GUARANTEED DELIVERY GATE: ITEM NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICING la. lb. 2. CONTRACT SECTION I - and 2,000 1,200 2 if if ea AF/Z.S.i 0/Z. Cc as0270.00 �a.6-,/00.OU i S 060.00 4 698.00 Additional asphalt jogging trail Asphalt trail - first (estimated) Asphalt trail - second (estimated) 24 inch dia. by 12 feet RC culverts Notes: 1. The appropriate cover for trail construction over the two- 12 feet by 24 inch reinforced concrete culverts, as well as the ramping construction to match the existing trail/bridge connections, are incidental to the asphalt trail unit price. 2. The estimated quantities are not guaranteed. The actual length of trail constructed shall be dependent upon the specific trail layout and funds availability. �b'CO EXECUTION OF BID Upon signing this Bid, the bidder certifies that they have read and agree to the requirements set forth in this bid proposal including specifications, terms and standard conditions, and pertinent information regarding the articles being bid on, and agree to furnish these articles at the prices stated. UNSIGNED BIDS WILL BE REJECTED NAME OF FIRM: EPA& ArkaNaos Isjc.,101/41tni», Ambo. _Diu. BUSINESS ADDRESS. STREET p. 0. Qox 1307 PHONE NUMBER (Sol) 52/-3SS-O ARKANSAS TAX PERMIT NUMBER: /-72 -03/S7 SIGNATUR AUTHORIZED PER N 4. &tSd 519 .91 CITY fayif VI/1 . ! s TITLE •�J l GC, r,CR l f " ARKANSAS PREFERENCE REQUESTED: YES ( 7) NO ) CASH DISCOUNT % DAYS STATE ZIP /9,-. 742702. DATE • • MONO. 91-44 INVITATION TO BID CONTINUATION SHEET • PAGE 3 OF Item No. 1. Item No. 1. CONTRACT SECTION II - Volleyball court and protective berm Description Volleyball court and protective berm, including all items of work as shown in the plans or indicated in the specifications. Estimated Quantity lump sum Total Price 'F'/3, 5.95: do CONTRACT SECTION III - Handrails for the 2 existing bridges Description Bridge rails for the 48 ft. +/- existing bridge. 2. Bridge rails for the 50 ft. +/- existing bridge. Estimated Quantity lump sum lump sum Total Price '93, 600, o0 '(3, 75-0. °0 • INSTRUCTIONS TO BIDDERS 1. OUALIFICATIONS OF BIDDERS: 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. 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. Checks of unsuccessful bidders will be returned immediately after a contract has been executed. 4. (a) Proposals shall be strictly in accordance with the prescribed forms, furnished with the Specifications. Any modifications or deviations therefrom may be considered sufficient cause for rejection. • ,1 . • (b) 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. In case unit prices are not required, it is to be understood that the lump sum required in the Proposal is for the furnishing of all materials, tools, labor, etc. required to be furnished and the doing of all work required under these Contract Documents. (c) Proposals must be signed, in writing, by an individual authorized to bind the bidder. (d) Bids must be submitted at the place and on or before the time specified in the Advertisement for Bids. (e) 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. (f) The Contracting Authority will not consider bids covering only a portion of these specifications, unless otherwise stipulated in the bid specifications. (g) The unbalancing of bids will not be tolerated. Evidence of material unbalancing will be considered cause for rejection. 5. MODIFICATIONS OF BIDS: No modification of bids already submitted will be considered unless such modifications are received prior to the hour set for opening. 6. DID 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. CLARIFICATION 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 interpretaiton thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation for 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 • 1• • Authority will not be responsible for any other 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 the Contract Document. 9. $ASIS OF AWARD: Bids will be considered on the basis of the total bid price or prices given in the Proposal. 10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS: If this contract is less than $20,000.00, the following exception applies: The Contractor is not required to be licensed under the terms of Act 150 of 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. 12. SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work performed under this contract, the Contractor shall: (a) Comply with the safety 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. (b) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. (c) 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. • • • GENERAL CONDITIONS OF THE SPECIFICATIONS 1. DEFINITIONS 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, Fayetteville, Arkansas. "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 tools, labor, equipment, materials, and supplies required to be furnished by the Contractor under these Specifications. 2. 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. 3. 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. 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. The following be provided: One One One copies of the executed Contract for for for the the the Contracting Authority, successful Bidder, Engineer, Documents will 4. 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 City of Fayetteville Parks Department Project Manager'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 for the acts and omissions of his Sub- contractors and of the persons directly or indirectly employed by his Sub -contractors. Nothing contained in these Specifications or in the Contract Documents shall create any contractual relation between any Sub- contractor and the Contracting Authority. 5. THE CONTRACTOR: It is understood and agreed that the Contractor has satisfied himself as to the 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 matters 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, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 6. INSPECTION: The Contractor shall permit and make possible a thorough inspection by the Contracting Authority of all work and materials furnished under the Contract Documents. No work shall be performed by the Contractor without the knowledge and approval of the Contracting Authority. 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 failure of any representative of the Contracting Authority 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 of faulty work or materials. • 7. BOND: Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surety bond in the amount of One -Hundred (100) 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 materials during construction and for one year after completion, all revisions of the bond to be complete and in full accordance with the statutory requirements. The bond shall be executed with the proper Sureties through a company licensed and qualified to operate in the State and approved by the Contracting 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. 8. INSURANCE: 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 anyone 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, $1,000,000 Comprehensive Automobile Liability (owned, hired and non -owned Vehicles) with bodily injury limits of $500,000 and $1,000,000 and property damage limit of $250,000 for each accident, $500,000 aggregate; Standard Workmen's Compensation and Employer's Liability covering with statutory limits; Contractual Liability Insurance with bodily injury limits and property damage limits of $1,000,000. Certificates of such insurance shall be filed with the Engineer before work commences under any contract or subcontract. • • • 9. 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. 10. 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 City of Fayetteville Parks Department Project Manager or his authorized representative to see that it is done in accordance with the Contract Documents. Inspectors may be appointed by the 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 Contracting Authority, 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 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 Contracting Authority, and the Contractor will be liable for any deviation except on such written order. 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 Contracting Authority 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, withhold payment or proceed to terminate the contract as provided herein. Any defective work may Authority at any time before though the same may have been for payment. be rejected by the Contracting final acceptance of the work, even previously overlooked and estimated 4 11. 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 incompetent, or who neglects or refuses to perform his work in a satisfactory manner, shall be promptly discharged. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary disturbance or loss. 12. 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, and adjacent property and the public from injury, damage, or loss arising in connection with the contract or the work. 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, sustained 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 employees, agents or licenses 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. • • 13. 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 permission 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. 14. ASSIGNMENTS: No assignment by the Contractor of the contract, or any part thereof, or of the funds to be received thereunder by the Contractor, will be recognized unless such assignment has had the written approval of the Contracting Authority, and the Surety has been given due notice of the assignment in writing. No assignment, transfer, or subletting, even though consented to, shall relieve the Contractor of his liabilities under the 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. 15. 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. 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. 16. SUSPENSION OF WORK: The Contracting Authority any part thereof by giving ten in writing; the work shall be days after the date fixed in a Authority to the Contractor to may at any time suspend the work or (10) day's notice to the Contractor resumed by the Contractor ten (10) written notice from the Contracting 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. If the Contractor should neglect to prosecute 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 deduct the cost thereof from payments then or thereafter due the Contractor. 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 materials or labor, or disregard laws, ordinances, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Contracting Authority, 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. 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. Pending settlement of disputes on any point of controversy, the Contracting Authority may suspend action on all or any part of the work. The Contractor shall not be entitled to any claim for loss or damage by reason of such delay, nor shall he be entitled to extension of time, although such extension of time may be granted by the Contracting Authority if he deems it in the interest of the work. 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 be 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. If the Surety does not commence performance thereof within thirty (30) days from the date of the mailing to 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. The Contracting Authority may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate to such extent as may be necessary to protect the Contracting Authority from loss on account of: (a) Defective work not remedied, (b) Claims filed or reasonable evidence indicating probable filing of claims, (c) Failure of the Contractor to make payments properly to Subcontractor or for material or labor, (d) Damage to another Contractor, (e) Incomplete work When the above grounds are removed, payment shall be made for amounts withheld because of them. 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, he shall within ten (10) days from the beginning of such delay notify the Contracting Authority 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 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 Contracting Authority within the time specified above. The Contractor will be required to furnish the Contracting Authority 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 Contracting Authority, 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. Extensions of time, without relief from responsibility for liquidated 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. 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. Such changes shall be done only with a change order to the original contract, approved through proper channels. (If under $10,000 -City Manager approval. If over $10,000 -Board approval.) Additional work shall be done as ordered in writing by the Contracting Authority, 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 Contracting Authority, prior to the written order changing the quantity of work. The Contracting Authority reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages for anticipated profits on any portion of the work to be omitted. Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Contracting Authority, of equal substance and function. It shall not be purchased or installed by the contractor without the Contracting Authority's written approval. The Contracting Authority shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work on such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use of completed portions increases the cost of, or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Contracting Authority may determine. As soon as the work has been substantially and satisfactorily completed, the City of Fayetteville Parks Department will make a final estimate stating that the work provided for under this Contract has been completed and is accepted by him under the terms and conditions thereof, with qualifications, if any, as stated. If certain parts of the work are not completed or if certain corrections must be made in the work even though the work is substantially completed, the Contracting Authority is authorized to determine the amount which in his opinion is required for completion and/or correction of the work, and such amount may be withheld from the final payment to the Contractor, pending the completion and correction as required. The balance found to be due the Contractor shall be paid by the contracting authority within forty (40) days after the date of the final estimate. Prior to filing for final estimates, the Contractor shall file with the Contracting Authority a receipt in full from each manufacturer, subcontractor, dealer and supplier for all equipment and material used on the work and a complete release of all liens which may have arisen from this Contract. In lieu thereof, the Contractor shall file statements showing balance due or claimed on all accounts and the Contracting Authority shall have the right, if it so elects, to withhold sufficient money to pay such balances until receipts in full or satisfactory evidence of final determination are filed with the Contracting Authority who may then make the final estimate. The making and acceptance of the final payment shall constitute a waiver of all claims by the Contracting Authority, other than those arising from incomplete or uncorrected work, unsettled liens, or from faulty workmanship or materials, and of all claims by the Contractor, except those previously made and still unsettled. If the work has been partially, but substantially completed to the extent that all adjustments in the Contract sum may be made, the Contracting Authority may, if material delay in completion is anticipated or if otherwise deemed in the interest of the work, make the final estimate, retaining, in addition to other requirements which may be specified under payments, an amount representing the cost of unfinished work. Such payment shall be under the terms and conditions governing final payment. Neither the making of the final estimate, or final payment, shall relieve the Contractor of his responsibility for faulty materials or workmanship, and he shall remedy any defects and pay for any damage resulting therefrom which shall appear within a period of one (1) year from the date of substantial completion. The Owner shall give notice of observed defects with reasonable promptness. The Contractor shall bear full responsibility for safety during the execution of this Contract. This contract executed this day of , 1991, between the City of Fayetteville, Arkansas, hereinafter called the City, and hereinafter called the Contractor, and having an address at - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - and telephone number . In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Contractor at his own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete the Gulley Park improvements in accordance with plans and specifications attached hereto and made a part hereof, as stated in CONTRACTOR'S PROPOSAL, and in accordance with plans and specifications attached hereto and made a part hereof under Bid #91-44, all included herein as if spelled out word for word. 2. The City shall pay the Contractor the total lump sum of upon completion of all work called for in the plans and specifications. Said consideration shall be payable to the Contractor upon job completion and acceptance by the City. 3. The Contract documents which comprise the contract between the City and the Contractor consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 91-44 with the specifications and conditions typed thereon. B. The Contractor's proposal. C. The Notice to Prospective Bidders. D. Plans for said improvements. 4. These Contract documents constitute the entire agreement between the City and the Contractor and may be modified only by a duly executed written instrument signed by the City and the Contractor. 5 7. Contractor shall not assign his duties under the terms of this agreement. Contractor agrees to hold the City harmless and indemnify the City, against any and all claims for property damage, personal injury or death, arising from Contractor's performance of this contract. The Contractor shall furnish a certificate of insurance addressed to the Owner, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. .• .I -o ••-I- •. Bodily Injury Liability Property Damage Liability Contractural Liability Statutory Amount $500,000 for each person injured. $1,000,000 for each accident. $250,000 for each accident. $500,000 aggregate $1,000,000 for bodily injury limits and property damage limits The insurance shall include explosion, collapse and underground coverage. The premiums for all insurance and the bond required herein shall be paid by the Contractor. Contractor agrees to furnish a Performance Bond, approved by the City, guaranteeing the performance of this contract, for not less than one hundred percent of the amount of this contract. Said performance 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 Contractor agrees to furnish proof of licensure as required under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. 9. The actual notice to proceed will be in writing and will be issued by the City of Fayetteville Parks Division. 10. Contractor agrees to begin work within ten (10) days after issuance by the City of a "Work Order" or "Notice to Proceed" and to complete the work within 30 calendar days thereafter. 11. All work called for herein shall be coordinated directly with Mr. Dale Clark, Parks and Recreation Director. WITNESS OUR HANDS THIS DAY OF 1991. ATTEST: CITY CLERK JERRY ROSE, CITY ATTORNEY BY CITY MANAGER ' i' r• I SECTION 101 SCOPE OF WORK General Scope of the Gulley Park Phase II (revised) project. A. The contractor shall provide all labor, materials, plant, services, temporary construction, facilities and incidentals necessary to execute the phase II improvements of Gulley Park. The three specific work and contract sections of this phase shall be: 1. Additional asphalt jogging trail. (Contract section I) Construction of approximately 3000 linear feet of 6 feet wide, 1 1/2 inch thick asphalt jogging trail. This asphalt trail shall be constructed upon 4 inches of compacted SB-2; upon 9 inches (final dimension) of compacted "hillside" fill material; upon compacted subgrade. The general layout of the asphalt trail shall be staked by the Fayetteville Parks Department and verified by the contractor prior to construction. The appropriate cover for trail construction over the two - 12 feet by 24 inch reinforced concrete culverts, as well as the ramping and construction to match the existing trail/bridge connections, are incidental to the asphalt trail unit price. 2. Volleyball court and protective berm. (Contract Section II) Construction of a 50 feet by 80 feet sand volleyball court and protective berm. The protective berm shall be 4 feet +/- in height and field adjusted to match the specific site as selected by the Fayetteville Parks Department. All side and end slopes shall be 1V to 3H with the top of the berm 6 feet as shown on sheet two. A shallow swale, approximately 4 feet by 6 inches, shall be constructed as indicated on sheet 2 to provide positive drainage. The lump sum price for the volleyball court includes excavation, grading, compaction, filter fabric, french drain system, 12 inches+/- of clean sand, 6x6 timbers with #4 rebar/stakes and all other items required to complete the volleyball court as shown on sheet two. (The only items not included are the volleyball net, poles, pole footings and turfing.) Handrails for the 2 existing bridges. (Contract Section III) Two bridges, one approximately 48 feet and the other approximately 50 feet in length have been previously constructed by volunteer labor. The scope of contract section III shall be to provide an arched and horizontal rail system as shown on sheet two. This work includes the assembly/construction and finish of 6x6 posts, 2x6 and 2x4 rails and field fabrication of a double 2x6 arched top railing. The contract price shall be based upon lump sum per bridge. B. Contract sections. contract sections I (trail), II (volleyball court and berm) and III (bridge rails) are individually separate, complete and self supporting. Contractors may bid on any or all of the three contract sections. Contract award will be based upon the low bid of each contract section, funds availability and priority as established by the city of Fayetteville Parks Department. The low bidder of each contract section may be awarded that specific contract section. Award shall not be based upon the total sum of all three contract sections. C. General Guidance. The basis for the Gulley Park Phase II revised project includes work previous completed, both documents (plans and specifications) and work within Gulley Park. The term contractor shall include the individuals performing the work, whether City crews, licensed contractors, volunteers or others, and all work must comply with the provisions of the plans and specifications. Due to the previously completed work, there may be discrepancies between the contract documents• and the field conditions and possible discrepancies within the specifications. It is the contractor's responsibility to carefully examine all information shown or indicated within the contract documents and to visit Gulley Park prior to submission of bids. The Bidder shall give written notice, prior to the date of bid opening, of any conflicts, errors or discrepancies that are discovered so that an addendum may be prepared. SECTION 102 MATERIAL AND EQUIPMENT PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Material and equipment incorporated into the work: 1. Provide ancillary items required to insure that material and equipment will be complete, properly installed, and will serve the intended purpose. 2. Meet the requirements of the manufacturers instructions. 3. Meet the requirements of applicable specifications, and standards. 4. Comply with size, make, type, and quantity specified, or as specifically approved by Landscape Architect in writing. 5. Manufactured and fabricated products: a. Design, fabricate, and assemble in accord with the best engineering and shop practice. b. Two or more products of the same kind shall be identical, by the same manufacturer. c. Products shall be suitable for service conditions. 6. Do not use material or equipment for any purpose other than that for which it is designed. SECTION 201 SITE GRADING PART 1 GENERAL 1.01 WORK INCLUDED A. Preparation of subgrade under paved areas. B. Stripping of topsoil under paved areas. C. Excavating, grading and shaping other areas of the site as required to install the play equipment, volleyball court, Picnic Tables, fit core and other facilities and to insure positive drainage. 1.02 RELATED WORK A. Section 101 - Summary of Work B. Section 202 - Asphaltic Concrete Paving C. Section 301 - Concrete Work 1.03 QUALITY ASSURANCE A. Testing Agency 1. Soil compaction tests to be performed by an independent testing laboratory acceptable to the owner. 2. Soil compaction tests are to be performed at locations required by the city representative. 1.04 REFERENCE STANDARDS A. American Society for Testing Materials (ASTM): 1. ASTM D 2487-69, classification of soils for engineering purposes. 2. ASTM D 424-59, Method of test for plastic limit and plasticity limit of soils. 3. ASTM D 698, Moisture density relationships of soils using 5.5 lb. rammer and 12 inch drop. 4. ASTM D 2922-71, Methods of determining the density of soil and soil aggregate by nuclear methods (shallow depth). 1.05 SITE CONDITIONS A. Establish proper surface drainage during and following clearing and site grading by proper ditching or sloping. B. Protect trees, shrubs, turf and other features which are to remain intact. C. Protect bench marks, existing structures, fences, roads, sidewalks, paving and curbs against damage from equipment and vehicular traffic. D. Protect aerial, surface, or underground utility lines or apurtances which are to remain. E. Repair any and all damage which should occur to any of these site features as a result of the contractor's work. PART 2 PRODUCTS 2.01 BORROW MATERIAL A. Borrow material for the asphalt trail shall be "hillside" subgrade material from a site proposed by the contractor and accepted by the City. B. Other - free from roots, building debris, and rocks larger than three inches in greatest dimension. 3.01 EXECUTION 3.01 PREPARATION AND LAYOUT A. Establish and identify required lines, levels, contours and datum. B. Contact City representative for the detailed layout of the trails. C. Maintain bench marks, monuments, and other reference points. Reestablish if disturbed or lost, at no cost to the owner. D. Before starting grading establish the extent and location of utilities in the area. E. Plan site grading work so that positive drainage is maintained at all times. 3.02 STRIPPING A. Strip surface layer of topsoil and organic material under all areas to be paved or serve as the location for park structures. B. Stockpile material which is clean and usable as topsoil on site at a location directed by the City representative, and remove unsuitable soils, excess organic material, rocks over three inches in any dimension, or other foreign material from the site to a suitable dumping facility. 3.03 EXCAVATING AND GRADING A. Excavate and grade site to required levels ready for structure excavation, final subgrade preparation, and final grading for drainage. B. Compact the top 8 inches of existing subgrade to 95% standard proctor. �- • V0 C. Compact the "hillside" fill under the asphalt jogging trail to 90% standard proctor at optimum moisture. D. Grade all cut of fill slopes to a neat smooth condition with no loose materials or scars left on the surface. E. Topsoil for the volleyball court protective berm shall be placed in a 4 to 6 inch lift and left uncompacted. SECTION 202 ASPHALTIC CONCRETE PAVING PART 1 - GENERAL 1.01 WORK INCLUDED A. Prepare subgrade to receive base course. B. Prepare compacted base course. C. Prime base course and install asphaltic concrete hot mix surface course. 1.02 RELATED WORK A. Section 101 - Summary of Work. B. Section 201 - Site Grading. 1.03 REFERENCE STANDARDS A. Arkansas Highway and Transportation Dept. (AHTD): 1. Standard Specification for Highway Construction B. American Society for Testing Materials (ASTM): 1. ASTM D1557-70, Tests for Moisture - Density relationship of soils using a 10 lb rammer and an 18" drop. 2. ASTM D2922-78, Methods for determining the density of soils and aggregate in place by nuclear methods (shallow depth). 3. ASTM 3515-76, Specifications for hot mixed, hot laid, bituminous paving mixtures. 4. ASTM D1074-76, Test for compressive strength of bituminous mixtures. PART 2 PRODUCTS 2.01 BASE COURSE MATERIALS A. Crushed stone: SB-2, meeting the requirements of sub -section 306.02 of the AHTD Standard Specifications, or approved equal. 2.02 PRIME COAT MATERIALS A. Prime Coat: Medium curing liquid asphalt, MC -30, or approved equal, meeting the requirements of sub -section 403.03 of the AHTD Standard Specifications. 2.03 ASPHALT PAVEMENT MATERIALS A. ACHM: Type 2 surface course mix as described in section 408 of the AHTD standard Specifications. B. The surface course shall be composed of a mixture of mineral aggregate and asphalt cement in the correct proportions by weight for the type of mixture designated. It c PART 3 EXECUTION 3.01 SUBGRADE PREPARATION, GENERAL A. Ensure that grading of the subgrade to the required grades and sections is successfully completed. B. Compact the existing subgrade and the 9 inches (finished dimension) of "hillside" fill in accordance with section 201 - Site Grading, paragraph 3.03. 3.02 PLACEMENT OF BASE COURSE A. Place the crushed stone base material over the prepared subgrade in accordance with the construction methods described in sub -section 306.03 of the AHTD Standard Specifications. B. Add water during compaction to bring the base course material to optimum moisture content. When an excess of moisture exists, rework the base course materials until optimum moisture content is obtained. C. Compact the base course to 100% of the maximum dry density as determined by ASTM D 1557-70. 3.03 PLACING PRIME COAT A. Apply the bituminous prime coat to the prepared base course at a rate of 0.3 to 0.4 gallons/sq. yard. B. Clean the base course surface and place prime coat in accordance with the requirements of sub -sections 401.03a and b of the AHTD Standard Specifications. 3.04 PLACING SURFACE COURSE A. Construction methods: section 410, AHTD Standard Specifications. B. Temperature range of mix: 1. When discharged from mixer: 285 to 325 deg. F. 2. When placed on base course: 275 to 325 deg. F. C. Temperature of air: Do not place ACHM when air temp. is below 40 deg. F in the shade. D. Place asphalt pavement to the compacted depth shown on the drawings for each type of paving. E. Compact to required density with approved rolling equipment. Start compaction as soon as pavement will bear equipment without checking or undue displacement. F. Required density: 92% of maximum theoretical density. G. Carry out compaction in three operations in pass sequence. Ensure that each pass of the roller overlaps previous passes to ensure a smooth surface free of roller cIt. ft marks. Keep roller wheels sufficiently moist so as to not pick up material. H. Perform hand tamping in areas not accessible to rolling equipment. I. Ensure that joints made during paving operations, and at connections to existing paving are straight, clean, vertical and free of broken or loose material. Prime vertical surfaces of joints to ensure a tight bond. J. Ensure that the surface of the completed asphalt is true to lines, profiles, and elevations indicated, and that it is free from depressions exceeding 1/4 inch when measured with a 10 foot straight edge. K. Do not allow vehicular traffic on newly paved areas until surface has cooled to atmospheric temperature. SECTION 301 VOLLEYBALL COURT AND PROTECTIVE BERM 1. General Scope - Volleyball court and protective berm. (Contract Section II) A. Construction of a 50 feet by 80 feet sand volleyball court and protective berm. The volleyball court shall be constructed upon the specific site selected by the Fayetteville Parks Department. The volleyball court shall include approximately 12 inches of clean sand upon a filter fabric, upon compacted subgrade. The court shall have a border consisting of two - 6x6 treated timbers. The court shall be protected by a three sided berm as indicated on sheet two. The protective berm shall be 4 feet +/- in height and field adjusted by the contractor to match the specific site as selected by the Fayetteville Parks Department. All side and end slopes shall be 1V to 3H with the top of the berm 6 feet as shown on sheet two. A shallow swale, approximately 4 feet by 6 inches, shall be constructed as indicated on sheet 2 to provide positive drainage. B. The lump sum price for the volleyball court includes excavation, grading, compaction, filter fabric, french drain system, 12 inches+/- of clean sand, 6x6 timbers with #4 rebar/stakes and all other items required to complete the volleyball court as shown on sheet two. (The only items not included are the volleyball net, poles, pole footings and turfing.) 2. site Work. A. Excavation, fill and site preparation shall be in accordance with contract section 201 - Site Grading. B. Filter Fabric. The filter fabric shall be a nonwoven synthetic geotextile fabric meeting the requirements, and installed in accordance with, the current Standard Specifications for Highway construction, Arkansas State Highway and Transportation Department. C. French Drain System. The perforated pipe, granular fill and filter fabric shall meet the requirements, and be installed in accordance with, the current Standard Specifications for Highway Construction, Arkansas State Highway and Transportation Department. D. The "clean" sand shall be clean, free from any dirt, rocks or other debris. The contractor shall provide a sample of the sand and/or documentation of the source to the Fayetteville Parks Department. The contractor shall secure written approval from the Fayetteville Parks Department prior to procurement of the sand. SECTION 401 CARPENTRY 1.01 WORK INCLUDED A. Carpentry work for bridges, fit core, edging, walls, bridges, etc. 1.03 QUALITY A. Wood Materials: 1. Southern Pine Inspection Bureau (SPIB) 2. Douglas Fir Plywood Association (DFPA) 3. American Wood Preservers Association (AWPA) 4. American Inst. of Timber Const. (AITC) 1.04 DELIVERY, STORAGE & HANDLING A. Lumber: - 1. Pile all lumber off of the ground to insure proper ventilation and drainage. 2. Cover lumber with an opaque moisture resistant membrane. PART 2 PRODUCTS 2.01 LUMBER MATERIALS A. General Requirements: 1. Graded and grade marked in compliance with standard grading rules of the association under whose rules it is produced. 2. Marked with mill identification. 3. Kiln dried to a moisture content of 15% or less. 4. Unless otherwise specified lumber shall be No. 2 common southern yellow pine full and square to the dimensions indicated. All lumber is to be .40 CCA treated unless otherwise specified. B. Exterior Grade Plywood: 1. Concealed face: DFPA Exterior C -C Grade fir plywood CCA treated. 2. All plywood: Conform to product standard ps-i of the U.S. Dept. of Commerce. C. Pressure Treated Wood: Sized framing lumber and poles. 1. Preservative: Wolman .40 CCA preservative by the Koppers Co. or equal. 2. Process: Pressure impregnated in accordance with AWPA Standard C-2. 2.02 ROUGH HARDWARE A. Nails spikes and staples: Galvanized for all locations, size and type to suit application. B. Bolts for the bridge rail shall be ASTM A307 or A325. All bolts, nuts, washers, lags, pins, screws and plates shall be galvanized in accordance with ASTM A 153. PART 3 EXECUTION 3.01 INSTALLATION, GENERAL A. Fit work neatly with smooth sharp cuts and uniform joints. Round all corners by sanding or routing and remove all splinters. B. Set all nails and fasteners flush or below flush with the surface of surrounding lumber. C. Leave no hammer marks or other disfigurement in finished surfaces. Torn grain and tool marked exposed surfaces will not be accepted. D. Install necessary hardware to provide safe, sturdy and completely operational facilities. E. Verify all measurements on the site before making installations. F. Workmanship: All workmanship shall be of the best quality, performed by skilled craftsmen of their trade. Loose, damaged, or poorly fitted materials shall be removed and replaced at the contractor's expense. G. The double 2x6 top rail for the bridge shall be field fabricated using adhesives and wood screws. All side rails shall be attached to the posts using #8 x 4 inch wood screws. 4 R This contract 1991, between the called the City, Division, hereinafl at P.O. Box 1367, 501/521-3550. executed this /77Z day of City of Fayetteville, Arkac and APAC-Arkansas, Inc., :er called the Contractor, and Fayetteville, AR 72702, and Asa , hereinafter McClinton -Anchor having an address telephone number In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Contractor at his own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete the Gulley Park improvements as indicated in Contract Section II and III, in accordance with plans and specifications attached hereto and made a part hereof, as stated in CONTRACTOR'S PROPOSAL, and in accordance with plans and specifications attached hereto and made a part hereof under Bid #91-44, all included herein as if spelled out word for word. 2. The City shall pay the Contractor based on a lump sum price as indicated in CONTRACTOR'S PROPOSAL, Contract Sections II and III, upon completion of all work called for in the plans and specifications. Said consideration shall be payable to the Contractor upon job completion and acceptance by the City. Contract amount is not to exceed $20,945.00. 3. The Contract documents which comprise the contract between the City and the Contractor consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 91-44 with the specifications and conditions typed thereon. B. The Contractor's proposal. C. The Notice to Prospective Bidders. D. Plans for said improvements. 4. These Contract documents constitute the entire agreement between the City and the Contractor and may be modified only by a duly executed written instrument signed by the City and the Contractor. 5. Contractor shall not assign his duties under the terms of this agreement. 6. Contractor agrees to hold the City harmless and indemnify the City, against any and all claims for property damage, personal injury or death, arising from Contractor's performance of this contract. This paragraph will in no way affect or waive the City's Tort Immunity. 7. The Contractor shall furnish a certificate of insurance addressed to the Owner, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Statutory Amount Bodily Injury Liability Property Damage Liability $500,000 for each person injured. $1,000,000 for each accident. $250,000 for each accident. $500,000 aggregate Contractural Liability $1,000,000 for bodily injury limits and property damage limits The insurance shall include explosion, collapse and underground coverage. The premiums for all insurance and the bond required herein shall be paid by the Contractor. Contractor agrees to furnish a Performance Bond, approved by the City, guaranteeing the performance of this contract, for not less than one hundred percent of the amount of this contract. Said performance 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 Contractor agrees to furnish proof of licensure as required under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. 9. The actual notice to proceed will be in writing and will be issued by the City of Fayetteville Parks Division. 10. Contractor agrees to begin work within ten (10) days after issuance by the City of a "Work Order" or "Notice to Proceed" and to complete the work within 60 calendar days thereafter. 11. All work called for herein shall be coordinated directly with Mr. Dale Clark, Parks and Recreation Director. WITNESS OUR HANDS THISJ% DAY OF , 1991. CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS BY T /v " TY MANAGER mrc i A.I.A. Document No. A-310 (February 1970 Ed.) Sedgwick James Sedgwick James of Arkansas, Inc. 900 S Shackleford Road Suite 600. PO Box 511. Little Rock. Arkansas 722030511 Telephone (501) 223.3111 Telex 536249. Facsimile (501) 223-8461 BID BOND KNOW ALL MEN BY THESE PRESENTS. That we, APAC—ARKANSAS , INC., McCLINTON-ANCHOR DIVISION as Principal, hereinafter called the Principal, and INSURANCE COMPANY OF NORTH AMERICA a corporation duly organized under the laws of the Slate of PENNSYLVANIA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 as Obligee. hereinafter called the Obligee, in the sum of Five Percent of the Amount of Bid Dollars (5 5% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves. our heirs, executors. administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Gulley Park Improvements, consisting of Asphalt Trails, Culverts, Volleyball Court and Protective Beni and Bridge Rails NOW, THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and mateial furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds. if the Principal shall pay to the Obligee the difference not to exceed the penally hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of August AD. 19 91 APAC-ARKANSAS, INC., (Principal) (Seal) (Witness) Av Shy Vice President (Title) INSURANCE COMPANY OF NORTH AMERICA I / r _ i ( ( (surety) l 'rl�X ccSS a.t .Judy Fr n s Butler Attorney in S1-1316-8 253922 R OF- ktaurance Company of North AnwlcO - POWER OF- _ a CI6NA corrpany ,- Know -alt. mien by these presents: That N/suRANCE cotnAtry OF NORTH AMERICA,. corporation of the Commonwealth of Peidlaylvaniar Mvisp.itI 06"V A offic , in the City of Philadelphia. Pennsylvania, pursuant to the following Resolution adopted by the hoard of .. DkecCdre of the atilOCo ii out. December 9, 1983, to wit: •n1Oay0;T eptarMltp7NNut. SIt sea t a Wit 574.I III. folo" lwRena Shea eayw me .a.aNbn Wee Cal- a..Aea. aean.Awea. c.coliou ewe ca.tea. Wee9r. (I) 111.1 dl. r. -Nla. ale $ey.a VW Preset. as Via. Pr.a"M. M Maubr Vice Pr .eat or any Aeaa.yda♦ W.. m.r sa.oee W and a beMR of the Carq.lry aM a.d Y .a.aa ..a.nMMIM geaAl(..WM� tyseea as ..a, easea a tfl.MM. 1Meof,S...alt to 0e taealea pout.p.C.na, by the CoiP..l.a.anWx. r .ay Ames.. Cortoorsi. Mroay. W Ile" as a McCepuq MlMyerue: .fl tout the F. . say caul Yk. ►r..ow..M Vice Pr..Moo r say Aeooae Vic. heaae I M.%.o.l .S Mhars• say oilier O(11w (uleota s .000W.C a ms Coign/. sad Anaaeys-Niaa to .o M.ael. a aunt to the .RKale. a sit oath wdl f. on bow a the doe peal' and, sob me NN of If.. CMIPYry IMtelo. (2) - Mt sgca option .aeaoea it taerC.oC. wM Me.. AMee shalt M as badut9 a' the Co.Mb a a, mule a nest a1911M by ve PHYMa aM .W.1W to by Me Crpr.I. S.roty (J) The aq.ear. at We Pr..idr4 r a e.wor Yee P..IMmr s Via P .sd . a an AuiYM Vice fly .aWsl site se seal. of as Co esy aW M amasd ov I.cwPW an asy poopr a otorwy 9tr,ted pora„e a Iv. R..RUMa, and the test'.. a a movies tinker and the an' of me C..Isre My be alto" by r.c..Ms it ay crlaaets a an, .troll po.er. ad au, aura pew- a anma.m b.ay9 Such taay,pe .eMlws .M meal n,W be tad .ad biadm9 a " C.Way. (41 - au0a odic Qua,. albs Colllp.py. had AI orrwlw .-Fsa aa" ha. aaho lly to entry r Verity co-. _ a this Maosta the.b4 w of me Co..Paa. as ay affidavit or record aim. Compaq Mea.aay to tie dial. t%. at meE MW. (4 The a...M 0 tout R.S.W. do.. at mole cry View aMaty granted by Rs.ebhae Gill,. Bouts a Dfeely. .dope! on Jae t la$ car M We sad IMrc 23. 197? does hereby nominate, conatdvte and appoint DONALD R. HENDERSON, JUDY FRANKS BUTLER, and MARY GARDNER, all of the City of Little Rock, State of Arkansas -----------------..______- its into and lawful agent and attorney -in -fee, to make. execute, seal and deliver for and on its behalf, and as its act and deed any and all Bonds and Undertakings, LIMITED in amounts, TWENTY FIVE MILLION ($25,000,000.) on behalf of APAC-Arkansas, Inc. and APAC-Mississippi, Inc., and APAC-Tennessee. - Said Bonds and Undertakings to be signed for the Company and the Seal of the Company attached thereto by any one of the said Donald R. Henderson, Judy Franks Butler, and Mary Gardner, individually. And the execution of such writings in pursuance of these presents shall be as binding upon said Cordpaayl as fully and amply as it they had" been duly executed and acknowledged by the regularly elected officers of In. Company at its principal office. IN WITNESS WHEREOF, the said R. E. Giveans, Vice -President has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 19th day of August 1g 90 INSURANCE COMPANY OF NORTH AMERICA ... by COMMONWEALTH OF PENNSYLVANIA A E. GIVEANS Vce Presdenl as. COUNTY OF PHILADELPHIA On this 19th day of August A.D. 1999:_ , before the subscriber, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia duly commissioned and qualified, came R. E. Giveans, Vice - President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and, being by me duly sworn. deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument Is the corporate seal of said Company, and the saidcarporate seal and his signature as officer were duly: affixed and subscribed to the said instrument by the authority and dirschgpalf$US Mporporation, and that Resolution, adopted by the Board of Directors -of said Company, referred to in the preceding en--`rY!>:'s NOTARIAL SEAL - JULIA ANNA ROHANA, Notary Pubic OF *_ Philadelphia, Philadelphia County My Commission Expires August 20. 1 lest at the City of Philadelphia the day and year Public I, the 6pflere,(fgar�t� �"re�;llt3ry SURANCE COMPANY OF NORTH AMERICA, do hereby eertilyftataheonginal POWER OF ATTORNEY. of which the foreooi�4./aly),atr`tiK.l�torrect copy, is in full force and effect. In witness ��v ltftnWfl%&tl�ve hereunto subscribed my name as Secretary, aadA,71 atl�lae(Y, AS cory-orats seat of the Corporation, this 30th day of E%1 13 19 $t. : '>Ettz, THIS POWER OF UT ATTORNEY MAY NOT BE USED TQ EXECE ANY BOND YifT�`� A IIFTfR+�Su-fit 19 ` 1942 -. GULLEY PARK - PHASE II Addendum No. 1 The following changes are made a part of the Gulley Park Phase II project, City of Fayetteville Bid no. 91-44. General scope of the addendum: The time of performance is changed from 30 days to 60 days. Specific Changes: 1. Instructions to bidders - paragraph 11, "Time of completion and liquidated damages" is revised to read as follows: "Bidder must agree to commence work on or before a date to be specified in a written "Work Order" or "Notice to Proceed" from the City and to fully complete the project within sixty (60) calendar days thereafter. Liquidated damages will be assessed for all delays beyond the contract sixty (60) calendar day period which are assessable to the contractor. If the construction process is delayed by events beyond the control of the contractor, the City of Fayetteville may grant an excusable time extension. The charge for liquidated damages shall be $250.00 per day." 2. Contract clause 10. is revised to read as follows: "Contractor agrees to begin work within ten (10) calendar days after issuance by the City of a "Work order" or "Notice to Proceed" and to complete the work within sixty (60) calendar days thereafter." Acknowledgement by the bidder: BID NO. 91-44 GULLEY PARK IMPROVEMENTS Consisting of Asphalt Trails, Culverts, volleyball Court & Protective Berm and Bridge Rails Thu City of Fayetteville, Arkansas, will receive sealed bids at the Purchasing Office, City Hall, 113 Was Mountain Street, Fayetteville, Arkansas until August 30, 1991, 10:30 a.m. for the furnishing of Asphalt Trails, Culverts, Volleyball Court & Protective Berm and Bridge Rails. Bid forms, specifications and plans may be obtained from the Purchasing Office, located in Room 307, 3rd Floor of the City Administration Building. For information concerning the proposed wcc;L or for an appointment to visit the site of the work, contact Mr. Dale Clark at the Fayetteville Youth Center, 501/442-9242. The City reserves the right to reject any and all bids, and to waive any formalities deemed to be in the City's best interest. Bids received after the time specified above will not be accepted. Peggy A. Bates Purchasing Manager Publish August 18th and 25th, 1991 Billing refer to P.O. 28991. i PROJECT MANUAL TABLE OF CONTENTS Bid/Contract Sections I - Asphalt Jogging Trail II - Volleyball court and protective berm III - Bridge Rails Instructions to Bidders General Conditions of the Specifications Contract Form List of Drawings Technical Specifications Section 101 - Scope of Work Section 102 - Materials and equipment Section 201 - Site Grading Section 202 - Asphaltic Concrete Paving Section 301 - Volleyball Court Section 401 - Carpentry PEGGY BATES PURCHASING OFFICER (501) 575-8281 J r MAILING ADDRESS. PURCHASING DEPT. 113W, MOUNTAIN CITY ADMININSTRATION BLDG ROOM 307 FAYETTEVILLE, ARKANSAS 72701 BID NUMBER: DATE ISSUED: DATE & TIME OF BID OPENING: 91-44 8/18/91 10:30, August 30, 1991 COMMODITY CLASSIFICATION: BUYER: CONTRACT PERIOD OR DATE notice to Peggy Bates DELIVERY REQUIRED: 30 days after proceed. F.O.B.: BUYER'S PHONE 0: BIDDERS GUARANTEED Fayetteville, AR 501/575-8289 DELIVERY DATE: ITEM NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICING CONTRACT SECTION I - Additional asphalt jogging trail �a Ia. Asphalt trail - first (estimated) 2,000 if/Z.ss s,/00,00 /s 06 0.00 lb. Asphalt trail - second (estimated) 1,200 if 2 $ S SyO'0U 2. 24 inch dia. by 12 feet RC culverts ea c27000 Notes: b� q ,' 1. The appropriate cover for trail construction over the two- 12 feet by 24 inch reinforced concrete culverts, as well as the ramping and construction to match the existing trail/bridge connections, are incidental to -the asphalt trail unit price. 2. The estimated quantities are not guaranteed. The actual length of trail constructed shall be dependent upon the specific trail layout and funds availability. EXECUTION OF BID Upon signing this Bid, the bidder certifies that they have read and agree to the requirements set forth in this bid proposal including specifications, terms and standard conditions, and pertinent information regarding the articles being bid on, and agree to furnish these articles*t the prices stated. NAME OF FIRM: /� PHONE NUMBER ARKANSAS TAX PERMIT NUMBER: UNSIGNED A,. ('Cii m A,4n Diu. SO/ 2/-3550 I /- 7Z - 03 / S8 BIDS BUSINESS ADDRESS, STREET CITY STATE ZIP WILL BE P.o. Qex 1347 �a rt;A Ar, 7P?7OZ ! REJECTED SIGNATUR AUTHORII ZE PER N TITLE DATE 1IS„�. u �ruId -f fj'30,91 ARKANSAS PREFERENCE REOUESTED: YES (/ ) NO ( I CASH DISCOUNT °A DAYS INVITATION TO BID CONTINUATION SHEET BID NO.: 91-44 PAGE 3 OF 1 CONTRACT SECTION II - Volleyball court and protective berm Item No. Description Estimated Total Quantity Price 1. Volleyball court and protective lump sum/3, 595,00 berm, including all items of work as shown in the plans or indicated in the specifications. CONTRACT SECTION III - Handrails for the 2 existing bridges Item No. Description Estimated _ Total Quantity Price 1. Bridge rails for the 48 ft. +/- lump sum �j.6 00.00 existing bridge. 2. Bridge rails for the 50 ft. +/- lump sum 6'5 7 60.00 existing bridge. t t INSTRUCTIONS TO BIDDERS L. o+ • : �� : 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. 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. Checks of unsuccessful bidders will be returned immediately after a contract has been executed. 4. (a) Proposals shall be strictly in accordance with the prescribed forms, furnished with the Specifications. Any modifications or deviations therefrom may be considered sufficient cause for rejection. (b) 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. In case unit prices are not required, it is to be understood that the lump sum required in the Proposal is for the furnishing of all materials, tools, labor, etc. required to be furnished and the doing of all work required under these Contract Documents. (c) Proposals must be signed, in writing, by an individual authorized to bind the bidder. (d) Bids must be submitted at the place and on or before the time specified in the Advertisement for Bids. (e) 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. (f) The Contracting Authority will not consider bids covering only a portion of these specifications, unless otherwise stipulated in the bid specifications. (g) The unbalancing of bids will not be tolerated. Evidence of material unbalancing will be considered cause for rejection. MODIFICATIONS 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. CLARIFICATION 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 interpretaiton thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation for 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 t Authority will not be responsible fdr any other 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 the Contract Document. 9. BASIS OF AWARD: Bids will be considered on the basis of the total bid price or prices given in the Proposal. 10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS• If this contract is less than $20,000.00, the following exception applies: The Contractor is not required to be licensed under the terms of Act 150 of the 1965 Acts of the General Assembly. 11. TIME OE COMPLETION AND LIQUIDATED 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. 12. SAFETY STANDARDS AND ACCIDENT PREVENTION• With respect to all work performed under this contract, the Contractor shall: (a) Comply with the safety 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. (b) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. (c) 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. 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, Fayetteville, Arkansas. "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 tools, labor, equipment, materials, and supplies required to be furnished by the Contractor under these Specifications. 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. 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. 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. The following copies of the executed Contract Documents will be provided: One for the Contracting Authority, One for the successful Bidder, One for the Engineer, 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 City of Fayetteville Parks Department Project Manager'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 for the acts and omissions of his sub- contractors and of the persons directly or indirectly employed by his Sub -contractors. Nothing contained in these Specifications or in the Contract Documents shall create any contractual relation between any sub- contractor and the Contracting Authority. It is understood and agreed that the Contractor has satisfied himself as to the 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 matters 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, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. The Contractor shall permit and make possible a thorough inspection by the Contracting Authority of all work and materials furnished under the Contract Documents. No work shall be performed by the Contractor without the knowledge and approval of the Contracting Authority. 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 failure of any representative of the Contracting Authority to condemn or feject 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 of faulty work or materials. =h]ZID coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surety bond in the amount of One -Hundred (100) 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 materials during construction and for one year after completion, all revisions of the bond to be complete and in full accordance with the statutory requirements. The bond shall be executed with the proper Sureties through a company licensed and qualified to operate in the State and approved by the Contracting 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. M"`a4o:i:`Y4PF# 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 anyone 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, $1,000,000 Comprehensive Automobile Liability (owned, hired and non -owned Vehicles) with bodily injury limits of $500,000 and $1,000,000 and property damage limit of $250,000 for each accident, $500,000 aggregate; Standard Workmen's Compensation and Employer's Liability covering with statutory limits; Contractual Liability insurance with bodily injury limits and property damage limits of $1,000,000. Certificates of such insurance shall be filed with the Engineer before work commences under any contract or subcontract. 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. 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 City of Fayetteville Parks Department Project Manager or his authorized representative to see that it is done in accordance with the Contract Documents. Inspectors may be appointed by the 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 Contracting Authority, 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 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 Contracting Authority, and the contractor will be liable for any deviation except on such written order. 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 Contracting Authority 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, withhold payment or proceed to terminate the contract as provided herein. Any defective work may be rejected by the Contracting Authority at any time before final acceptance of the work, even though the same may have been previously overlooked and estimated for payment. 11. 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 incompetent, or who neglects or refuses to perform his work in a satisfactory manner, shall be promptly discharged. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary disturbance or loss. 12. PROT CTlON OF WORKS PROPERTY AND PERSONS. AND v 'CTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: The Contractor shall adequately protect the work, the Contracting Authority's property, and adjacent property and the public from injury, damage, or loss arising in connection with the contract or the work. 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, sustained 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 employees, agents or licenses 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. 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 permission 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. No assignment by the contractor of the contract, or any part thereof, or of the funds to be received thereunder by the Contractor, will be recognized unless such assignment has had the written approval of the Contracting Authority, and the Surety has been given due notice of the assignment in writing. No assignment, transfer, or subletting, even though consented to, shall relieve the Contractor of his liabilities under the 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. 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. 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. 16. 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 a 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. If the Contractor should neglect to prosecute 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 deduct the cost thereof from payments then or thereafter due the Contractor. 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 materials or labor, or disregard laws, ordinances, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Contracting Authority, 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. 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. Pending settlement of disputes on any point of controversy, the Contracting Authority may suspend action on all or any part of the work. The Contractor shall not be entitled to any claim for loss or damage by reason of such delay, nor shall he be entitled to extension of time, although such extension of time may be granted by the Contracting Authority if he deems it in the interest of the work. 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 be 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. If the Surety does not commence performance thereof within thirty (30) days from the date of the mailing to 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. The Contracting Authority may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate to such extent as may be necessary to protect the Contracting Authority from loss on account of: (a) Defective work not remedied, (b) Claims filed or reasonable evidence indicating probable filing of claims, (c) Failure of the Contractor to make payments properly to Subcontractor or for material or labor, (d) Damage to another Contractor, (e) Incomplete work When the above grounds are removed, payment shall be made for amounts withheld because of them. 1 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, he shall within ten (10) days from the beginning of such delay notify the Contracting Authority 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 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 Contracting Authority within the time specified above. The Contractor will be required to furnish the Contracting Authority 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 Contracting Authority, 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. Extensions of time, without relief from responsibility for liquidated 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. 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. Such changes shall be done only with a change order to the original contract, approved through proper channels. (If under $10,000 -City Manager approval. If over $10,000 -Board approval.) Additional work shall be done as ordered in writing by the Contracting Authority, 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. Compeisation 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 Contracting Authority, prior to the written order changing the quantity of work. The Contracting Authority reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages for anticipated profits on any portion of the work to be omitted. Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Contracting Authority, of equal substance and function. It shall not be purchased or installed by the contractor without the Contracting Authority's written approval. The Contracting Authority shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work on such portions may not have expired; but such taking possession and use. shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use of completed portions increases the cost of, or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Contracting Authority may determine. As soon as the work has been substantially and satisfactorily completed, the City of Fayetteville Parks Department will make a final estimate stating that the work provided for under this Contract has been completed and is accepted by him under the terms and conditions thereof, with qualifications, if any, as stated. If certain parts of the work are not completed or if certain corrections must be made in the work even though the work is substantially completed, the Contracting Authority is authorized to determine the amount which in his opinion is required for completion andtor correction of the work, and such amount untinay be withheld from the final payment to the Contractor, pending the completion and correction as required. The balance found to be due the Contractor shall be paid by the contracting authority within forty (40) days after the date of the final estimate. Prior to filing for final estimates, the Contractor shall file with the Contracting Authority a receipt in full from each manufacturer, subcontractor, dealer and supplier for all equipment and material used on the work and a complete release of all liens which may have arisen from this contract. In lieu thereof, the Contractor shall file statements showing balance due or claimed on all accounts and the Contracting Authority shall have the right, if it so elects, to withhold sufficient money to pay such balances until receipts in full or satisfactory evidence of final determination are filed with the Contracting Authority who may then make the final estimate. The making and acceptance of the final payment shall constitute a waiver of all claims by the Contracting Authority, other than those arising from incomplete or uncorrected work, unsettled liens, or from faulty workmanship or materials, and of all claims by the Contractor, except those previously made and still unsettled. If the work has been partially, but substantially completed to the extent that all adjustments in the contract sum may be made, the Contracting Authority may, if material delay in completion is anticipated or if otherwise deemed in the interest of the work, make the final estimate, retaining, in addition to other requirements which may be specified under payments, an amount representing the cost of unfinished work. Such payment shall be under the terms and conditions governing final payment. Neither the making of the final estimate, or final payment, shall relieve the contractor of his responsibility for faulty materials or workmanship, and he shall remedy any defects and pay for any damage resulting therefrom which shall appear within a period of one (1)yearfrom the date of substantial completion. The Owner shall give notice of observed defects with reasonable promptness. The Contractor shall bear full responsibility for safety during the execution of this contract. This contract executed this day of 1991, between the City of Fayetteville, Arkansas, hereinafter called the City, and hereinafter called the Contractor, and having an address at - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - and telephone number In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Contractor at his own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete the Gulley Park improvements in accordance with plans and specifications attached hereto and made a part hereof, as stated in CONTRACTOR'S PROPOSAL, and in accordance with plans and specifications attached hereto and made a part hereof under Bid #91-44, all included herein as if spelled out word for word. 2. The City shall pay the Contractor the total lump sum of upon completion of all work called for in the plans and specifications. Said consideration shall be payable to the Contractor upon job completion and acceptance by the City. 3. The Contract documents which comprise the contract between the City and the Contractor consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 91-44 with the specifications and conditions typed thereon. B. The Contractor's proposal. C. The Notice to Prospective Bidders. D. Plans for said improvements. 4. These Contract documents constitute the entire agreement between the City and the Contractor and may be modified only by a duly executed written instrument signed by the City and the Contractor. 5. 7. Contractor shall not assign his duties under the terms of this agreement. Contractor agrees to hold the City harmless and indemnify the City, against any and all claims for property damage, personal injury or death, arising from Contractor's performance of this contract. The Contractor shall furnish a certificate of insurance addressed to the Owner, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Bodily Injury Liability Property Damage Liability contractural Liability Statutory Amount $500,000 for each person injured. $1,000,000 for each accident. $250,000 for each accident. $500,000 aggregate $1,000,000 for bodily injury limits and property damage limits The insurance shall include explosion, collapse and underground coverage. The premiums for all insurance and the bond required herein shall be paid by the Contractor. 8. Contractor agrees to furnish a Performance Bond, approved by the city, guaranteeing the performance of this contract, for not less than one hundred percent of the amount of this contract. Said performance 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 Contractor agrees to furnish proof of licensure as required under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. 9. The actual notice to proceed will be in writing and will be issued by the City of Fayetteville Parks Division. 10. Contractor agrees to begin work within ten (10) days after issuance by the City of a "Work order" or "Notice to Proceed" and to complete the work within 30 calendar days thereafter. Ii. All work called for herein shall be coordinated directly with Mr. Dale Clark, Parks and Recreation Director. WITNESS OUR HANDS THIS DAY OF 1991. ATTEST: CITY CLERK JERRY ROSE, CITY ATTORNEY CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS BUSINESS ADDRESS I SECTION 101 SCOPE OF WORK General Scope of the Gulley Park Phase II (revised) project. A. The contractor shall provide all labor, materials, plant, services, temporary construction, facilities and incidentals necessary to execute the phase II improvements of Gulley Park. The three specific work and contract sections of this phase shall be: 1. Additional asphalt jogging trail. (Contract section I) Construction of approximately 3000 linear feet of 6 feet wide, 1 1/2 inch thick asphalt jogging trail. This asphalt trail shall be constructed upon 4 inches of compacted SB-2; upon 9 inches (final dimension) of compacted "hillside" fill material: upon compacted subgrade. The general layout of the asphalt trail shall be staked by the Fayetteville Parks Department and verified by the contractor prior to construction. The appropriate cover for trail construction over the two - 12 feet by 24 inch reinforced concrete culverts, as well as the ramping and construction to match the existing trail/bridge connections, are incidental to the asphalt trail unit price. Volleyball court and protective berm. (Contract Section II) Construction of a 50 feet by 80 feet sand volleyball court and protective berm. The protective berm shall be 4 feet +/- in height and field adjusted to match the specific site as selected by the Fayetteville Parks Department. All side and end slopes shall be 1V to 3H with the top of the berm 6 feet as shown on sheet two. A shallow swale, approximately 4 feet by 6 inches, shall be constructed as indicated on sheet 2 to provide positive drainage. The lump sum price for the volleyball court includes excavation, grading, compaction, filter fabric, french drain system, 12 inches+/- of clean sand, 6x6 timbers with 14 rebar/stakes and all other items required to complete the volleyball court as shown on sheet two. (The only items not included are the volleyball net, poles, pole footings and turfing.) C. 3. Handrails for the 2 existing bridges. (Contract Section III) Two bridges, one approximately 48 feet and the other approximately 50 feet in length have been previously constructed by volunteer labor. The scope of contract section III shall be to provide an arched and horizontal rail system as shown on sheet two. This work includes the assembly/construction and finish of 6x6 posts, 2x6 and 2x4 rails and field fabrication of a double 2x6 arched top railing. The contract price shall be based upon lump sum per bridge. B. Contract sections. Contract sections I (trail), II (volleyball court and berm) and III (bridge rails) are individually separate, complete and self supporting. Contractors may bid on any or all of the three contract sections. Contract award will be based upon the low bid of each contract section, funds availability and priority as established by the city of Fayetteville Parks Department. The low bidder of each contract section may be awarded that specific contract section. Award shall not be based upon the total sum of all three contract sections. C. General Guidance. The basis for the Gulley Park Phase II revised project includes work previous completed, both documents (plans and specifications) and work within Gulley Park. The term contractor shall include the individuals performing the wprk, whether City crews, licensed contractors, volunteers or others, and all work must comply with the provisions of the plans and specifications. Due to the previously completed work, there may be discrepancies between the contract documents and the field conditions and possible discrepancies within the specifications. It is the contractor's responsibility to carefully examine all information shown or indicated within the contract documents and to visit Gulley Park prior to submission of bids. The Bidder shall give written notice, prior to the date of bid opening, of any conflicts, errors or discrepancies that are discovered so that an addendum may be prepared. SECTION 102 MATERIAL AND EQUIPMENT PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Material and equipment incorporated into the work: 1. Provide ancillary items required to insure that material and equipment will be complete, properly installed, and will serve the intended purpose. 2. Meet the requirements of the manufacturers instructions. 3. Meet the requirements of applicable specifications, and standards. 4. Comply with size, make, type, and quantity specified, or as specifically approved by Landscape Architect in writing. 5. Manufactured and fabricated products: a. Design, fabricate, and assemble in accord with the best engineering and shop practice. b. Two or more products of the same kind shall be identical, by the same manufacturer. c. Products shall be suitable for service conditions. 6. Do not use material or equipment for any purpose other than that for which it is designed. SECTION 201 SITE GRADING PART 1 GENERAL 1.01 WORK INCLUDED A. Preparation of subgrade under paved areas. B. Stripping of topsoil under paved areas. C. Excavating, grading and shaping other areas of the site as required to install the play equipment, volleyball court, Picnic Tables, fit core and other facilities and to insure positive drainage. 1.02 RELATED WORK A. section 101 - B. Section 202 - C. Section 301 - 1.03 QUALITY Summary of Work Asphaltic Concrete Paving Concrete Work A. Testing Agency 1. Soil compaction tests to be performed by an independent testing laboratory acceptable to the owner. 2. Soil compaction tests are to be performed at locations required by the City representative. 1.04 REFERENCE STANDARDS A. American Society for Testing Materials (ASTM): 1. ASTM D 2487-69, classification of soils for engineering purposes. 2. ASTM D 424-59, Method of test for plastic limit and plasticity limit of soils. 3. ASTM D 698, Moisture density relationships of soils using 5.5 lb. rammer and 12 inch drop. 4. ASTM D 2922-71, Methods of determining the density of soil and soil aggregate by nuclear methods (shallow depth). 1.05 SITE CONDITIONS A. Establish proper surface drainage during and following Clearing and site grading by proper ditching or sloping. B. Protect trees, shrubs, turf and other features which are to remain intact. C. Protect bench marks, existing structures, fences, roads, sidewalks, paving and curbs against damage from equipment and vehicular traffic. 4. D. Protect aerial, surface, or underground utility lines or apurtances which are to remain. E. Repair any and all damage which should occur to any of these site features as a result of the contractor's work. PART 2 PRODUCTS 2.01 BORROW MATERIAL A. Borrow material for the asphalt trail shall be "hillside" subgrade material from a site proposed by the contractor and accepted by the city. B. Other - free from roots, building debris, and rocks larger than three inches in greatest dimension. 3.01 EXECUTION 3.01 PREPARATION AND LAYOUT A. Establish and identify required lines, levels, contours and datum. B. Contact City representative for the detailed layout of the trails. C. Maintain bench marks, monuments, and other reference points. Reestablish if disturbed or lost, at no cost to the owner. D. Before starting grading establish the extent and location of utilities in the area. E. Plan site grading work so that positive drainage is maintained at all times. 3.02 STRIPPING A. Strip surface layer of topsoil and organic material under all areas to be paved or serve as the location for park structures. B. Stockpile material which is clean and usable as topsoil on site at a location directed by the city representative, and remove unsuitable soils, excess organic material, rocks over three inches in any dimension, or other foreign material from the site to a suitable dumping facility. 3.03 EXCAVATING AND GRADING A. Excavate and grade site to required levels ready for structure excavation, final subgrade preparation, and final grading for drainage. B. Compact the top 8 inches of existing subgrade to 95% standard proctor. C. Compact the "hillside" fill under the asphalt jogging trail to 90% standard proctor at optimum moisture. D. Grade all cut of fill slopes to a neat smooth condition with no loose materials or scars left on the surface. E. Topsoil for the volleyball court protective berm shall be placed in a 4 to 6 inch lift and left uncompacted. SECTION 202 ASPHALTIC CONCRETE PAVING PART 1 - GENERAL 1.01 WORK INCLUDED A. Prepare subgrade B. Prepare compacted C. Prime base course hot mix surface course. 1.02 RELATED WORK to receive base course. base course. and install asphaltic concrete A. Section 101 - Summary of Work. B. Section 201 - Site Grading. 1.03 REFERENCE STANDARDS A. Arkansas Highway and Transportation Dept. (AHTD): 1. Standard Specification for Highway Construction B. American Society for Testing Materials (ASTM): 1. ASTM D1557-70, Tests for Moisture - Density relationship of soils using a 10 lb rammer and an 18" drop. 2. ASTM D2922-78, Methods for determining the density of soils and aggregate in place by nuclear methods (shallow depth). 3. ASTM 3515-76, Specifications for hot mixed, hot laid, bituminous paving mixtures. 4. ASTM D1074-76, Test for compressive strength of bituminous mixtures. PART 2 PRODUCTS 2.01 BASE COURSE MATERIALS A. Crushed stone: SB-2, meeting the requirements of sub -section 306.02 of the AHTD Standard Specifications, or approved equal. 2.02 PRIME COAT MATERIALS A. Prime Coat: Medium curing liquid asphalt, MC -30, or approved equal, meeting the requirements of sub -section 403.03 of the AHTD Standard Specifications. 2.03 ASPHALT PAVEMENT MATERIALS A. ACHM: Type 2 surface course mix as described in section 408 of the AHTD Standard Specifications. B. The surface course shall be composed of a mixture of mineral aggregate and asphalt cement in the correct proportions by weight for the type of mixture designated. • 6 PART 3 EXECUTION 3.01 SUBGRADE PREPARATION, GENERAL A. Ensure that grading of the subgrade to the required grades and sections is successfully completed. B. Compact the existing subgrade and the 9 inches (finished dimension) of "hillside" fill in accordance with section 201 - Site Grading, paragraph 3.03. 3.02 PLACEMENT OF BASE COURSE A. Place the crushed stone base material over the prepared subgrade in accordance with the construction methods described in sub -section 306.03 of the AHTD Standard Specifications. B. Add water during compaction to bring the base course material to optimum moisture content. When an excess of moisture exists, rework the base course materials until optimum moisture content is obtained. C. Compact the base course to 100% of the maximum dry density as determined by ASTM D 1557-70. 3.03 PLACING PRIME COAT A. Apply the bituminous prime coat to the prepared base course at a rate of 0.3 to 0.4 gallons/sq. yard. B. Clean the base course surface and place prime coat in accordance with the requirements of sub -sections 401.03a and b of the AHTD Standard Specifications. 3.04 PLACING SURFACE COURSE A. Construction methods: section 410, AHTD Standard Specifications. B. Temperature range of mix: 1. When discharged from mixer: 285 to 325 deg. F. 2. When placed on base course: 275 to 325 deg. F. C. Temperature of air: Do not place ACHM when air temp. is below 40 deg. F in the shade. D. Place asphalt pavement to the compacted depth shown on the drawings for each type of paving. E. Compact to required density with approved rolling equipment. Start compaction as soon as pavement will bear equipment without checking or undue displacement. F. Required density: 92% of maximum theoretical density. G. Carry out compaction in three operations in pass sequence. Ensure that each pass of the roller overlaps previous passes to ensure a smooth surface free of roller marks. Keep roller wheels sufficiently moist so as to not pick up material. H. Perform hand tamping in areas not accessible to rolling equipment. Z. Ensure that joints made during paving operations, and at connections to existing paving are straight, clean, vertical and free of broken or loose material. Prime vertical surfaces of joints to ensure a tight bond. J. Ensure that the surface of the completed asphalt is true to lines, profiles, and elevations indicated, and that it is free from depressions exceeding 1/4 inch when measured with a 10 foot straight edge. K. Do not allow vehicular traffic on newly paved areas until surface has cooled to atmospheric temperature. SECTION 301 VOLLEYBALL COURT AND PROTECTIVE BERM 1. General Scope - Volleyball court and protective berm. (Contract Section II) A. Construction of a 50 feet by 80 feet sand volleyball court and protective berm. The volleyball court shall be constructed upon the specific site selected by the Fayetteville Parks Department. The volleyball court shall include approximately 12 inches of clean sand upon a filter fabric, upon compacted subgrade. The court shall have a border consisting of two - 6x6 treated timbers. The court shall be protected by a three sided berm as indicated on sheet two. The protective berm shall be 4 feet +/- in height and field adjusted by the contractor to match the specific site as selected by the Fayetteville Parks Department. All side and end slopes shall be 1V to 3H with the top of the berm 6 feet as shown on sheet two. A shallow swale, approximately 4 feet by 6 inches, shall be constructed as indicated on sheet 2 to provide positive drainage. B. The lump sum price for the volleyball court includes excavation, grading, compaction, filter fabric, french drain system, 12 inches+/- of clean sand, 6x6 timbers with #4 rebar/stakes and . all other items required to complete the volleyball court as shown on sheet two. (The only items not included are the volleyball net, poles, pole footings and turfing. ) 2. Site Work. A. Excavation, fill and site preparation shall be in accordance with contract section 201 - Site Grading. B. Filter Fabric. The filter fabric shall be a nonwoven synthetic geotextile fabric meeting the requirements, and installed in accordance with, the current Standard Specifications for Highway Construction, Arkansas State Highway and Transportation Department. C. French Drain System. The perforated pipe, granular fill and filter fabric shall meet the requirements, and be installed in accordance with, the current standard Specifications for Highway Construction, Arkansas State Highway and Transportation Department. D. The "clean" sand shall be clean, free from any dirt, rocks or other debris. The contractor shall provide a sample of the sand and/or documentation of the source to the Fayetteville Parks Department. The contractor shall secure written approval from the Favetteville Parks Department prior to procurement of the sand. SECTION 401 CARPENTRY PART 1 GENERAL 1.01 WORK INCLUDED A. Carpentry work for bridges, fit core, edging, walls, bridges, etc. 1.03 QUALITY ASSURANCE A. Wood Materials: 1. Southern Pine Inspection Bureau (SPIB) 2. Douglas Fir Plywood Association (DFPA) 3. American Wood Preservers Association (AWPA) 4. American Inst. of Timber Const. (AITC) 1.04 DELIVERY, STORAGE & HANDLING A. Lumber: - 1. Pile all lumber off of the ground to insure proper ventilation and drainage. 2. Cover lumber with an opaque moisture resistant membrane. PART 2 PRODUCTS 2.01 LUMBER MATERIALS A. General Requirements: 1. Graded and grade marked in compliance with standard grading rules of the association under whose rules it is produced. 2. Marked with mill identification. 3. Kiln dried to a moisture content of 15% or less. 4. Unless otherwise specified lumber shall be No. 2 common southern yellow pine full and square to the dimensions indicated. All lumber is to be .40 CCA treated unless otherwise specified. B. Exterior Grade Plywood: 1. Concealed face: DFPA Exterior C -C Grade fir plywood CCA treated. p. i 2. All plywood: Conform to product standard ps-i of the U.S. Dept. of Commerce. C. Pressure Treated Wood: sized framing lumber and poles. 1. Preservative: Wolman .40 CCA preservative by the Koppers Co. or equal. 2. Process: Pressure impregnated in accordance with AWPA Standard C-2. 2.02 ROUGH HARDWARE A. Nails spikes and staples: Galvanized for all locations, size and type to suit application. B. Bolts for the bridge rail shall be ASTM A307 or A325. All bolts, nuts, washers, lags, pins, screws and plates shall be galvanized in accordance with ASTM A 153. PART 3 EXECUTION 3.01 INSTALLATION, GENERAL A. Fit work neatly with smooth sharp cuts and uniform joints. Round all corners by sanding or routing and remove all splinters. B. Set all nails and fasteners flush or below flush with the surface of surrounding lumber. C. Leave no hammer marks or other disfigurement in finished surfaces. Torn grain and tool marked, exposed surfaces will not be accepted. D. Install necessary hardware to provide safe, sturdy and completely operational facilities. E. Verify all measurements on the site before making installations. F. Workmanship: All workmanship shall be of the best quality, performed by skilled craftsmen of their trade. Loose, damaged, or poorly fitted materials shall be removed and replaced at the contractor's expense. G. The double 2x6 top rail for the bridge shall be field fabricated using adhesives and wood screws. All side rails shall be attached to the posts using #8 x 4 inch wood screws. a 0NO9 AIINV430NI S3HIf1D]H IN3W33Vld3H )133H3 ii S I I GULLEY PARK - PHASE II Addendum No. 1 The following changes are made a part of the Gulley Park Phase II project, City of Fayetteville Bid no. 91-44. General scope of the addendum: The time of performance is changed from 30 days to 60 days. Specific Changes: 1. Instructions to bidders - paragraph 11, "Time of completion and liquidated damages" is revised to read as follows: "Bidder must agree to commence work on or before a date to be specified in a written "Work Order" or "Notice to Proceed" from the City and to fully complete the project within sixty (60) calendar days thereafter. Liquidated damages will be assessed for all delays beyond the contract sixty (60) calendar day period which are assessable to the contractor. If the construction process is delayed by events beyond the control of the contractor, the City of Fayetteville may grant an excusable time extension. The charge for liquidated damages shall be $250.00 per day." 2. Contract clause 10. is revised to read as follows: "Contractor agrees to begin work within ten (10) calendar days after issuance by the City of a "Work Order" or "Notice to Proceed" and to complete the work within sixty (60) calendar days thereafter." Acknowledgement b7 the bidder: ,S; Bidder Date ra BID NO. 91-44 GULLEY PARK IMPROVEMENTS Consisting of Asphalt Trails, Culverts, Volleyball Court & Protective Berm and Bridge Rails The City of Fayetteville, Arkansas, will receive sealed bids at the Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas until August 30, 1991, 10:30 a.m. for the furnishing of Asphalt Trails, Culverts, Volleyball Court & Protective Berm and Bridge Rails. Bid forms, specifications and plans may be obtained from the Purchasing Office, located in Room 307, 3rd Floor of the City Administration Building. For information concerning the proposed work or for an appointment to visit the site of the work, contact Mr. Dale Clark at the Fayetteville Youth Center, 501/442-9242. The City reserves the right to reject any and all bids, and to waive any formalities deemed to be in the City's best interest. Bids received after the time specified above will not be accepted. Peggy A. Bates Purchasing Manager Publish August 18th and 25th, 1991 Billing refe2'-to P.O. 28991. / I ISM , / I 4•• t PROJECT MANUAL TABLE OF CONTENTS Bid/Contract Sections I - Asphalt Jogging Trail II - Volleyball court and protective berm III - Bridge Rails Instructions to Bidders General Conditions of the Specifications Contract Form List of Drawings Technical Specifications Section 101 - Scope of Work Section 102 - Materials and equipment Section 201 - Site Grading Section 202 - Asphaltic Concrete Paving Section 301 - Volleyball Court Section 401 - Carpentry MAILING ADDRESS: INVITATION TO BID PURCHASING DEPT. 113 W. MOUNTAIN PEGGY' BATES /' CITY OF FAYETTEVIILLE, ARKANSAS CITY ADMININSTRATION BLDG. PURCHASING OFFICER ROOM 307 (501) 575-8281 FAYETTEVILLE, ARKANSAS 72701 BID NUMBER: 91-44 DATE ISSUED: 8/18/91 DATE & TIME OF BID OPENING: 10:30, August 30, 1991 COMMODITY CLASSIFICATION: BUYER: Peggy Bates CONTRACT PERIOD OR DATE notice to DELIVERY REQUIRED: 30 days after proceed. F.O.B.: Fayetteville, AR BUYER'S PHONE 4: 501/575-8289 BIDDERS GUARANTEED DELIVERY DATE: DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICING ITEM NO. CONTRACT SECTION I - Additional asphalt jogging trail la. Asphalt trail - first (estimated) 2,000 if //SO Z361a7,ly0 lb. 2. Asphalt trail - second (estimated) 24 inch dia. by 12 feet RC culverts 1,200 if 2 ea //,SO $14. Od /dam Notes: 1. The appropriate cover for trail construction over the two- 12 feet by 24 inch reinforced concrete culverts, as well as the ramping and construction to match the existing trail/bridge connections, are incidental to the asphalt trail unit price. 2. The estimated quantities are not .guaranteed. The actual length of trail constructed shall be dependent upon the specific trail layout and funds availability. EXECUTION OF BID Upon signing this Bid, the bidder certifies that they have read and agree to the requirements set forth in this bid proposal including specifications, terms and standard conditions, and pertinent Information regarding the articles being bid on. and agree to furnish these articles at the prices stated. NAME OF FIRM: PHONE NUMBER UNSIGNED/447/I d✓C SO/ 5Z BIDS BUSINESS ADDRESS. STRE CITY WILL BE /4, 6!/ ASV REJECTED sIrIATI ,RP nc AumfRI7 f RERSnu I TITLE ARKANSAS TAX PERMIT NUMBER: ZIP ARKANSAS PREFERENCE REQUESTED: YES ( ) NO ('�) CASH DISCOUNT % DAYS INVITATION TO BID CONTINUATION SHEET BID NO.: 91-44 PAGE 3 OF CONTRACT SECTION II - Volleyball court and protective berm Item No. Description Estimated Total Quantity Price 1. Volleyball court and protective lump sum fzJ berm, including all items of work as shown in the plans or indicated in the specifications. CONTRACT SECTION III - Handrails for the 2 existing bridges Item No. Description 1. Bridge rails for the 48 ft. +/- existing bridge. Estimated Quantity lump sum Total Price /'✓n 7Y/O 2. Bridge rails for the 50 ft. +/- lump sum j,', existing bridge. INSTRUCTIONS TO BIDDERS 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. 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 accom vied by either a certified or cashier's check, drawn on National Bank or a bank having membership in the Federal Re a System, or a Bid Bond executed by a satisfactory Surety, 7proposal guarantee shall be in an amount not less than fivt(( )•percent of the bid and made payable to the Contracting AuthSit4 to whom the Proposal is made. A lesser amount will not be ac�epted. 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. Checks of unsuccessful bidders will be returned immediately after a. contract has been executed.. 4. (a) Proposals shall be strictly in accordance with the prescribed forms, furnished with the Specifications. Any modifications or deviations therefrom may be considered sufficient cause for rejection. (b) 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. In case unit prices are not required, it is to be understood that the lump sum required in the Proposal is for the furnishing of all materials, tools, labor, etc. required to be furnished and the doing of all work required under these Contract Documents. (c) Proposals must be signed, in writing, by an individual authorized to bind the bidder. (d) Bids must be submitted at the place and on or before the time specified in the Advertisement for Bids. (e) 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. (f) The Contracting Authority will not consider bids covering only a portion of these specifications, unless otherwise stipulated in the bid specifications. (g) The unbalancing of bids will not be tolerated. Evidence of material unbalancing will be considered cause for rejection. 5. MODIFICATIONS 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. CLARIFICATION 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 interpretaiton thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation for 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 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 the Contract Document. 9. BASIS OF AWARD: Bids will be considered on the basis of the total bid price or prices given in the Proposal. 10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS: If this contract is less than $20,000.00, the following exception applies: The Contractor is not required to be licensed under the terms of Act 150 of 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. 12. SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work performed under this contract, the Contractor shall: (a) Comply with the safety 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. (b) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. (c) 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. 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, Fayetteville, Arkansas. "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 tools, labor, equipment, materials, and supplies required to be furnished by the Contractor under these Specifications. 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. I. .L.Mfl1KspI1.I4t3$II*:fl 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. 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. The following copies of the executed Contract Documents will be provided: One for the Contracting Authority, One for the successful Bidder, One for the Engineer, 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 City of Fayetteville Parks Department Project Manager'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 for the acts and omissions of his Sub- contractors and of the persons directly or indirectly employed by his Sub -contractors. Nothing contained in these Specifications or in the Contract Documents shall create any contractual relation between any Sub- contractor and the Contracting Authority. It is understood and agreed that the Contractor has satisfied himself as to the 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 matters 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, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. The Contractor shall permit and make possible a thorough inspection by the Contracting Authority of all work and materials furnished under the Contract Documents. No work shall be performed by the Contractor without the knowledge and approval of the Contracting Authority. 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 failure of any representative of the Contracting Authority 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 of faulty work or materials. Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surety bond in the amount of One -Hundred (100) 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 materials during construction and for one year after completion, all revisions of the bond to be complete and in full accordance with the statutory requirements. The bond shall be executed with the proper Sureties through a company licensed and qualified to operate in the State and approved by the Contracting 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 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 anyone 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, $1,000,000 Comprehensive Automobile Liability (owned, hired and non -owned Vehicles) with bodily injury limits of $500,000 and $1,000,000 and property damage limit of $250,000 for each accident, $500,000 aggregate; Standard Workmen's Compensation and Employer's Liability covering with statutory limits; Contractual Liability Insurance with bodily injury limits and property damage limits of $1,000,000. Certificates of such insurance shall be filed with the Engineer before work commences under any contract or subcontract. 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. 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 City of FFyyattayille Parks Deyaxtme,nt Pr�jact.Manager or his authorized representative to see that it is done in accordance with the Contract Documents. Inspectors may be appointed by the 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 Contracting Authority, 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 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 Contracting Authority, and the Contractor will be liable for any deviation except on such written order. 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 Contracting Authority 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, withhold payment or proceed to terminate the contract as provided herein. Any defective work may be rejected by the Contracting Authority at any time before final acceptance of the work, even though the same may have been previously overlooked and estimated for payment. 11. 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 incompetent, or who neglects or refuses to perform his work in a satisfactory manner, shall be promptly discharged. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary disturbance or loss. 12. 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, and adjacent property and the public from injury, damage, or loss arising in connection with the contract or the work. 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, sustained 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 employees, agents or licenses 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. •. \ 41 4 •\ 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 permission 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. No assignment by the Contractor of the contract, or any part thereof, or of the funds to be received thereunder by the Contractor, will be recognized unless such assignment has had the written approval of the Contracting Authority, and the Surety has been given due notice of the assignment in writing. No assignment, transfer, or subletting, even though consented to, shall relieve the Contractor of his liabilities under the 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. The Contracting Authority reserves contracts in connection with this work. afford other Contractors reasonable introduction and storage of their materii their work, and shall properly connect and theirs. the right to let other The Contractor shall opportunity for the tls and the execution of coordinate his work with 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. it.. $IJp.JS2LSJ1U 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. If the Contractor should neglect to prosecute 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 deduct the cost thereof from payments then or thereafter due the Contractor. 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 materials or labor, or disregard laws, ordinances, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Contracting Authority, 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. 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. Pending settlement of disputes on any point of controversy, the Contracting Authority may suspend action on all or any part of the work. The Contractor shall not be entitled to any claim for loss or damage by reason of such delay, nor shall he be entitled to extension of time, although such extension of time may be granted by the Contracting Authority if he deems it in the interest of the work. 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 be 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. If the Surety does not commence performance thereof within thirty (30) days from the date of the mailing to 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. The Contracting Authority may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate to such extent as may be necessary to protect the Contracting Authority from loss on account of: (a) Defective work not remedied, (b) Claims filed or reasonable evidence indicating probable filing of claims, (c) Failure of the Contractor to make payments properly to Subcontractor or for material or labor, (d) Damage to another Contractor, (e) Incomplete work When the above grounds are removed, payment shall be made for amounts withheld because of them. I. 21. DELAYS AND EXTENSIONS OF TIME: {� 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, he shall within ten (10) days from the beginning of such delay notify the Contracting Autfiori y 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 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 Contracting Authority within the time specified above. The Contractor will be required to furnish the Contracting Authority 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 Contracting Authority, 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. Extensions of time, without relief from responsibility for liquidated 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. 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. Such changes shall be done only with a Change order to the original contract, approved through proper channels. (If under $10,000 -City Manager approval. If over $10,000 -Board approval.) Additional work shall be done as ordered in writing by the Contracting Authority, 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 to4 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 Contracting Authority, prior to the written order changing the quantity of work. The Contracting Authority reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages for anticipated profits on any portion of the work to be omitted. Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Contracting Authority, of equal substance and function. It shall not be purchased or installed by the contractor without the Contracting Authority's written approval. The Contracting Authority shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work on such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use of completed portions increases the cost of, or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Contracting Authority may determine. As soon as the work has been substantially and satisfactorily completed, the City of Fayetteville Parks Department will make a final estimate stating that the work provided for under this Contract has been completed and is accepted by him under the terms and conditions thereof, with qualifications, if any, as stated. If certain parts of the work are not completed or if certain corrections must be made in the work even though the work is substantially completed, the Contracting Authority is authorized to determine the amount which in his opinion is required for completion and/or correction of the work, and such amount may be withheld from the final payment to the Contractor, pending the completion and correction as required. The balance found to be due the Contractor shall be paid by the Contracting authority within forty (40) days after the date of the final estimate. Prior to filing for final estimates, the Contractor shall file with the Contracting Authority a receipt in full from each manufacturer, subcontractor, dealer and supplier for all equipment and material used on the work and a complete release of all liens which may have arisen from this Contract. In lieu thereof, the Contractor shall file statements showing balance due or claimed on all accounts and the Contracting Authority shall have the right, if it so elects, to withhold sufficient money to pay such balances until receipts in full or satisfactory evidence of final determination are filed with the Contracting Authority who may then make the final estimate. The making and acceptance of the final payment shall constitute a waiver of all claims by the Contracting Authority, other than those arising from incomplete or uncorrected work, unsettled liens, or from faulty workmanship or materials, and of all claims by the Contractor, except those previously made and still unsettled. If the work has been partially, but substantially completed to the extent that all adjustments in the Contract sum may be made, the Contracting Authority may, if material delay in completion is anticipated or if otherwise deemed in the interest of the work, make the final estimate, retaining, in addition to other requirements which may be specified under payments, an amount representing the cost of unfinished work. Such payment shall be under the terms and conditions governing final payment. Neither the making of the final estimate, or final payment, shall relieve the Contractor of his responsibility for faulty materials or workmanship, and he shall remedy any defects and pay for any damage resulting therefrom which shall appear within a period of one (1) year from the date of substantial completion. The owner shall give notice of observed defects with reasonable promptness. The Contractor shall bear full responsibility for safety during the execution of this Contract. This contract executed this day of , 1991, between the City of Fayetteville, Arkansas, hereinafter called the City, and , hereinafter called the contractor, and having an address at - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - and telephone number In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Contractor at his own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete the Gulley Park improvements in accordance with plans and specifications attached hereto and made a part hereof, as stated in CONTRACTOR'S PROPOSAL, and in accordance with plans and specifications attached hereto and made a part hereof under Bid #91-44, all included herein as if spelled out word for word. 2. The City shall pay the Contractor the total lump sum of upon completion of all work called for in the plans and specifications. Said consideration shall be payable to the Contractor upon job completion and acceptance by the City. 3. The Contract documents which comprise the contract between the City and the Contractor consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 91-44 with the specifications and conditions typed thereon. B. The Contractor's proposal. C. The Notice to Prospective Bidders. D. Plans for said improvements. 4. These Contract documents constitute the entire agreement between the City and the Contractor and may be modified only by a duly executed written instrument signed by the City and the Contractor. , 5. Contractor shall not assign his duties under the terms of this agreement. 6. Contractor agrees to hold the City harmless and indemnify the City, against any and all claims for property damage, personal injury or death, arising from Contractor's performance of this contract. 7. The Contractor shall furnish a certificate of insurance addressed to the Owner, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Bodily Injury Liability Property Damage Liability Contractura The insurance underground coverage. required herein shall Statutory Amount $500,000 for each person injured. $1,000,000 for each accident. $250,000 for each accident. $500,000 aggregate 1 Liability $1,000,000 for bodily injury limits and property damage limits shall include explosion, collapse and The premiums for all insurance and the bond be paid by the Contractor. 8. Contractor agrees to furnish a Performance Bond, approved by the city, guaranteeing the performance of this contract, for not less than one hundred percent of the amount of this contract. Said performance 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 Contractor agrees to furnish proof of licensure as required under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. 9. The actual notice to proceed will be in writing and will be issued by the City of Fayetteville Parks Division. 10. Contractor agrees to begin work within ten (10) days after issuance by the City of a "Work Ojder" or "Notice to Proceed" and to complete the work within 30 calendar days thereafter. 11. All work called for herein shall be coordinated directly with Mr. Dale Clark, Parks and Recreation Director. WITNESS OUR HANDS THIS DAY OF 1991. CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS BY CITY MANAGER ATTEST: CITY CLERK ' T;t• /al 'a cu) JERRY ROSE, CITY ATTORNEY NAME AND TITLE BUSINESS ADDRESS SECTION 101 SCOPE OF WORK General Scope of the Gulley Park Phase II (revised) project. A. The contractor shall provide all labor, materials, plant, services, temporary construction, facilities and incidentals necessary to execute the phase II improvements of Gulley Park. The three specific work and contract sections of this phase shall be: 1. Additional asphalt jogging trail. (Contract section I Construction of approximately 3000 linear feet of 6 feet wide, 1 1/2 inch thick asphalt jogging trail. This asphalt trail shall be constructed upon 4 inches of compacted SB-2; upon 9 inches (final dimension) of compacted "hillside" fill material; upon compacted subgrade. The general layout of the asphalt trail shall be staked by the Fayetteville Parks Department and verified by the contractor prior to construction. The appropriate cover for trail construction over the two - 12 feet by 24 inch reinforced concrete culverts, as well as the ramping and construction to match the existing trail/bridge connections, are incidental to the asphalt trail unit price. 2. Volleyball court and protective berm. (Contract Section II) Construction of a 50 feet by 80 feet sand volleyball court and protective berm. The protective berm shall be 4 feet +/- in height and field adjusted to match the specific site as selected by the Fayetteville Parks Department. All side and end slopes shall be 1V to 3H with the top of the berm 6 feet as shown on sheet two. A shallow swale, approximately 4 feet by 6 inches, shall be constructed as indicated on sheet 2 to provide positive drainage. The lump sum price for the volleyball court includes excavation, grading, compaction, filter fabric, french drain system, 12 inches+/- of clean sand, 6x6 timbers with #4 rebar/stakes and all other items required to complete the volleyball court as shown on sheet two. (The only items not included are the volleyball net, poles, pole footings and turfing.) 3. Handrails for the 2 existing bridges. (Contract Section III) Two bridges, one approximately 48 feet and the other approximately 50 feet in length have been previously constructed by volunteer labor. The scope of contract section III shall be to provide an arched and horizontal rail system as shown on sheet two. This work includes the assembly/construction and finish of 6x6 posts, 2x6 and 2x4 rails and field fabrication of a double 2x6 arched top railing. The contract price shall be based upon lump sum per bridge. B. Contract sections. Contract sections I (trail), II (volleyball court and berm) and III (bridge rails) are individually separate, complete and self supporting. Contnctora may bid vfr-'any •vr-all of the three contract�aQtions. Contract award will be based upon the low bid oreach contract section, funds availability and priority as established by the City of Fayetteville Parks Department. The low bidder of each contract section may be awarded that specific contract section. Award shall not be based upon the total sum of all three contract sections. C. General Guidance. The basis for the Gulley Park Phase II revised project includes work previous completed, both documents (plans and specifications) and work within Gulley Park. The term contractor shall include the individuals performing the work, whether City crews, licensed contractors, volunteers or others, and all work must comply with the provisions of the plans and specifications. Due to the previously completed work, there may be discrepancies between the contract documents and the field conditions and possible discrepancies within the specifications. It is the contractor's responsibility to carefully examine all information shown or indicated within the contract documents and to visit Gulley Park prior to submission of bids. The Bidder shall give written notice, prior to the date of bid opening, of any conflicts, errors or discrepancies that are discovered so that an addendum may be prepared. SECTION 102 MATERIAL AND EQUIPMENT PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Material and equipment incorporated into the work: 1. Provide ancillary items required to insure that material and equipment will be complete, properly installed, and will serve the intended purpose. 2. Meet the requirements of the manufacturers instructions. 3. Meet the requirements of applicable specifications, and standards. 4. Comply with size, make, type, and quantity specified, or as specifically approved by Landscape Architect in writing. 5. Manufactured and fabricated products: a. Design, fabricate, and assemble in accord with the best engineering and shop practice. b. Two or more products of the same kind shall be identical, by the same manufacturer. c. Products shall be suitable for service conditions. 6. Do not use material or equipment for any purpose other than that for which it is designed. SECTION 201 SITE GRADING PART 1 GENERAL 1.01 WORK INCLUDED A. Preparation of subgrade under paved areas. Be Stripping of topsoil under paved areas. C. Excavating, grading and shaping other areas of the site as required to install the play equipment, volleyball court, Picnic Tables, fit core and other facilities and to insure positive drainage. 1.02 RELATED WORK A. Section 101 - Summary of Work B. Section 202 - Asphaltic Concrete Paving C. Section 301 - Concrete Work 1.03 QUALITY ASSURANCE A. Testing Agency 1. Soil compaction tests to be performed by an independent testing laboratory acceptable to the owner. 2. Soil compaction tests are to be performed at locations required by the city representative. 1.04 REFERENCE A. American Society for Testing Materials (ASTM): 1. ASTM D 2487-69, classification of soils for engineering purposes. 2. ASTM D 424-59, Method of test for plastic limit and plasticity limit of soils. 3. ASTM D 698, Moisture density relationships of soils using 5.5 lb. rammer and 12 inch drop. 4. ASTM D 2922-71, Methods of determining the density of soil and soil aggregate by nuclear methods (shallow depth). 1.05 SITE CONDITIONS A. Establish proper surface drainage during and following clearing and site grading by proper ditching or sloping. B. Protect trees, shrubs, turf and other features which are to remain intact. C. Protect bench marks, existing structures, fences, roads, sidewalks, paving and curbs against damage from equipment and vehicular traffic. D. Protect aerial, surface, or underground utility lines or apurtances which are to remain. E. Repair any and all damage which should occur to any of these site features as a result of the contractor's work. PART 2 PRODUCTS 2.01 BORROW MATERIAL A. Borrow material for the asphalt trail shall be "hillside"' subgrade material from a site proposed by the contractor and! \_ accepted by the City. B. Other - free from roots, building debris, and rocks larger than three inches in greatest dimension. 3.01 EXECUTION 3.01 PREPARATION AND LAYOUT A. Establish and identify required lines, levels, contours and datum. B. Contact City representative for the detailed layout of the trails. C. Maintain bench marks, monuments, and other reference points. Reestablish if disturbed or lost, at no cost to the owner. D. Before starting grading establish the extent and location of utilities in the area. E. Plan site grading work so that positive drainage is maintained at all times. •' Z 3.02 STRIPPING A. stri,p surface layer of topsoil and organic material under all areas to be paved or serve as the location for park structures. B. Stockpile �Ymaterial which is clean and usable as tppsee,;„1_ Qii sh _et • l oca t i n+. A i rnct dA tb. representative, and remove unsuitable soils, excess organic material, rocks over three inches in any dimension, or other foreign material from the site to a suitable dumping facility. 3.03 EXCAVATING AND GRADING A. Excavate and grade site to required levels ready for strucEu`re excavation, final subgrade preparation, and final grading for drainage. I. , . B. Compact the top__inches of existing subgrade t' Q5% standard proctor. 9 C. Compact the "hillside" fill under the asphalt jogging trail to Qfl%rtn.aaprioetor at optimum moisture. D. Grade all cut of fill slopes to a neat smooth condition with no loose materials or scars left on the surface. E. Topsoil for the volleyball court protective berm shall be placed in a 4 to 6 inch lift and left uncompacted. SECTION 202 ASPHALTIC CONCRETE PAVING PART 1 - GENERAL 1.01 WORK INCLUDED A. Prepare subgrade to receive base course. B. Prepare compacted base course. C. PvJMA jasa course and install asphaltic concrete hot mix surface course. 1.02 RELATED WORK A. Section 101 - Summary of Work. B. Section 201 - Site Grading. 1.03 REFERENCE STANDARDS A. Arkansas Highway and Transportation Dept. (AHTD): 1. Standard Specification for Highway Construction B. American Society for Testing Materials (ASTM): 1. ASTM D1557-70, Tests for Moisture - Density relationship of soils using a 10 lb rammer and an 18" drop. 2. ASTM D2922-78, Methods for determining the density of soils and aggregate in place by nuclear methods (shallow depth). 3. ASTM 3515-76, Specifications for hot mixed, hot laid, bituminous paving mixtures. 4. ASTM D1074-76, Test for compressive strength of bituminous mixtures. PART 2 PRODUCTS 2.01 BASE COURSE MATERIALS A. Cni.shgd qne: S$.l, meeting the requirements of sub -section 306.02 of the AHTD Standard Specifications, or approved equal. 2.02 PRIME COAT MATERIALS A. Prime Coat: Medium curing liquid asphalt, MC -30, or approved equal, meeting the requirements of sub -section 403.03 of the AHTD Standard Specifications. 2.03 ASPHALT PAVEMENT MATERIALS A. gcJgt: T aszaxtaasgse mjx.. as described in section 408 of the AHTD Standard Specifications. B. The surface course shall be composed of a mixture of mineral aggregate and asphalt cement in the correct proportions by weight for the type of mixture designated. PART 3 EXECUTION 3.01 SUBGRADE PREPARATION, GENERAL A. Ensure that grading of the subgrade to the required grades and sections is successfully completed. B. Compact tho.existing subgrade end••the•9 inches (finished dimension) of "hillside" fill in accordance with section 201 - Site Grading, paragraph 3_03. 3.02 PLACEMENT OF BASE COURSE 11 A. Place the crushed stone base material over the prepared subgrade in accordance with the construction methods described in sub -section 306.03 of the AHTD Standard Specifications. B. Add water during compaction to bri material to optimum moisture content of moisture exists, rework the base course optimum moisture content is obtained C. Compact the base course to OQ rof density as determined by ASTM D 1557-70. 3.03 PLACING PRIME COAT ing the base When an excess materials until the maximum dry A. Apply the bituminous prime coat to the prepared base course at a rate of Q.3to gallons/sq. yard. B. Clean the base course surface and place prime coat in accordance with the requirements of sub -sections 401.03a and b of the AHTD Standard Specifications. 3.04 PLACING SURFACE COURSE A. Construction methods: section 410, AHTD Standard Specifications. B. Temperature range of mix: 1. When discharged from mixer: 285 to 325 deg. F. 2. When placed on base course: 275 to 325 deg. F. C. Temperature of air: Do not place ACHM when air temp. is below 40 deg. F in the shade. D. Place asphalt pavement to the compacted depth shown on the drawings for each type of paving. E. Compact to required density with approved rolling equipment. Start compaction as soon as pavement will bear equipment without checking ue displacement. Required density 92% o ►maximum theoretical density. If G. Carry out compaction in three operations in pass sequence. Ensure that each pass of the roller overlaps previous passes to ensure a smooth surface free of roller marks. Keep roller wheels sufficiently moist so as to not pick up material. H. Perform hand tamping in areas not accessible to rolling equipment. I. Ensure that joints made during paving operations, and at connections to existing paving are straight, clean, vertical and free of broken or loose material. Prime vertical surfaces of joints to ensure a tight bond. J. Ensure that the surface of the completed asphalt is true to lines, profiles, and elevations indicated, and that it is free from depressions exceeding 1/4 inch when measured with a 10 foot straight edge. K. Do not allow vehicular traffic on newly paved areas until surface has cooled to atmospheric temperature. SECTION 301 VOLLEYBALL COURT AND PROTECTIVE BERM 1. General Scope - Volleyball court and protective berm. (Contract Section II) A. Construction of a 50 feet by 80 feet sand volleyball court and protective berm. The volleyball court shall be constructed upon the snna.;+ite selected by the Fayetteville Parks Department. The volleyball court shall include approximately 12 inches of clean sap�,Upon a .yxnr_fabrlv, upon compacted subgrade. _ The court shall have a border consisttng of two - sxs treat6d timbers. The court shall be protected by a three sided berm as indicated on sheet two. The protective berm shall be 4 feet +/- in height and field adjusted by the contractor to match the specific site as selected by the Fayetteville Parks Department. All side and end slopes shall be 1V to 3H with the top of the berm 6 feet as shown on sheet two. A shallow swale, approximately 4 feet by 6 inches, shall be constructed as indicated on sheet 2 to provide positive drainage. B. The lump sum price for the volleyball court includes excavation, grading, compaction, f ,fns, french drain system, 12 inches+/- of clean s nd, 6x6 timbers with #4 rebar/stakes and all other items required to complete the volleyball court as shown on sheet two. (The only items not included are the volleyball net, poles, pole footings and turfing.) 2. Site Work. A. Excavation, fill and site preparation shall be in accordance with contract section 201 - Site Grading. B. Filter Fabric. The filter fabric shall be a nonwoven synthetic geotextile faiiric meeting the requirements, and installed in accordance with, the current Standard Specifications for Highway Construction, Arkansas State Highway and Transportation Department. C. French Drain System. The perforated pipe, granular fill and filter fabric shall meet the requirements, and be installed in accordance with, the current Standard Specifications for Highway Construction, Arkansas State Highway and Transportation Department. D. The "clean" sand shall be clean, free from any dirt, rocks or other debris. The contractor shall provide a sample of the sand and/or documentation of the source to the Fayetteville Parks Department. The contractor shall secure written approval from the Fayetteville Parks Department prior to procurement of the sand. c SECTION 401 CARPENTRY PART 1 GENERAL 1.01 WORK INCLUDED A. Carpentry work for bridges, fit core, edging, walls, bridges, etc. 1.03 QUALITY A. Wood Materials: 1. Southern Pine Inspection Bureau (SPIB) 2. Douglas Fir Plywood Association (DFPA) 3. American Wood Preservers Association (AWPA) 4. American Inst. of Timber Const. (AITC) 1.04 DELIVERY, STORAGE & HANDLING A. Lumber: - 1. Pile all lumber off of the ground to insure proper ventilation and drainage. 2. Cover lumber with an opaque moisture resistant membrane. PART 2 PRODUCTS 2.01 LUMBER MATERIALS A. General Requirements: 1. Graded and grade marked in compliance with standard grading rules of the association under whose rules it is produced. 2. Marked with mill identification. 3. Kiln dried to a moisture content of 15% or less. 4. Unless otherwise specified lumber shall be No. tsommon southern yellow pine full and square to the dimensions indicated. All inmber,js to be .40 CCA treated salaam otherwise specified. B. Exterior Grade Plywood: 1. Concealed face: DFPA Exterior C -C Grade fir plywood CCA treated. 2. All plywood: Conform to product standard ps-i of the U.S. Dept. of Commerce. C. Pressure Treated Wood: Sized framing lumber and poles. 1. Preservative: Wolman .40 CCA preservative by the Koppers Co. or equal. 2. Process: Pressure impregnated in accordance with AWPA Standard C-2. 2.02 ROUGH HARDWARE A. Nails spikes and staples: Galvanized for all locations, size and type to suit application. B. Bolts for the bridge rail shall be ASTM A307 or A325. All bolts, nuts, washers, lags, pins, screws and plates shall be galvanized in accordance with ASTM A 153. PART 3 EXECUTION 3.01 INSTALLATION, GENERAL A. Fit work neatly with smooth sharp cuts and uniform joints. Round all corners by sanding or routing and remove all splinters. B. Set all nails and fasteners flush or below flush with the surface of surrounding lumber. C. Leave no hammer marks or other disfigurement in finished surfaces. Torn grain and tool marked exposed surfaces will not be accepted. D. Install necessary hardware to provide safe, sturdy and completely operational facilities. E. Verify all measurements on the site before making installations. F. Workmanship: All workmanship shall be of the best quality, performed by skilled craftsmen of their trade. Loose, damaged, or poorly fitted materials shall be removed and replaced at the contractor's expense. G. The double 2x6 top rail for the bridge shall be field fabricated using adhesives and wood screws. All side rails shall be attached to the posts using #8 x 4 inch wood screws.