HomeMy WebLinkAbout108-95 RESOLUTIONRESOLUTION NO. 108-95
A RESOLUTION AUTHORIZING A CONTRACT IN THE
AMOUNT OF $40,482. PLUS A CONTINGENCY AMOUNT
OF $2,000. WITH JERRY D. SWEETSER, INC. FOR THE
WILSON PARK ASPHALT TRAIL AND APPROVAL OF A
BUDGET ADJUSTMENT IN THE AMOUNT OF $12,682.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I. That the Council hereby authorizes a contract in the amount of $40,482,
plus a contingency amount of $2,000, with Jerry D. Sweetser, Inc. for the Wilson Park Asphalt
Trail, and authorizes the Mayor and City Clerk to execute same. A copy of the contract is
attached hereto marked Exhibit "A" and made a part hereof.
Section 2. The Council also approves a budget adjustment in the amount of $12,682
mcreasmg Parks Improvement, Acct. No. 4470 9470 5806 00, Project No. 95018 by decreasing
Parks Improvements, Acct. No. 4470 9470 5806 00, Project No. 94026. A copy of the budget
adjustment is attached hereto and made a partof.
PASSED AND APPROVED this 15th day of August , 1995.
APPROVED:
By:
/u /17,P,1-141•--
Fted Hanna, Mayor
t
City of Fayetteville, Arkansas
' Budget Adjustment Form
Budget Year Department: Sales Tax Capital Improvement
1995 Division:
Program:
Project or Item Requested:
Request funding be added to the Wilson Park Asphalt Trail Project.
The additional funding is requested due to increases in materials
cost, terrain slopes and the bid environment.
Justification of this Increase:
The additional funds requested to complete the Wilson Park
Trail are due primarily to increased materials cost, increased
difficulty due to terrain and the bid environment.
Date Requested
August 15, 1995
Adjustment #
Project or Item Deleted:
Reallocation of Sports Park Project funding is requested.
Justification of this Decrease.
Decrease in scope of project for Sports Park Project allows for
the reduction in project funding.
Account Name Amount
Parks Improvements 12,682
Account Name
Parks Improvements
Amount
Increase
Account Number ProeJ ct Number
4470 9470 5806 00 95018
Decrease
12,682
Account Number
4470
Project Number
9470 .5806 00 94026
Approval Signatures
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Budget Office Use Only
Type: A BCD
Date of Approval
Posted to General Ledger
Entered in Category Log
F
Budget Office Copy
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Office of the City Fngineer
City Administration Building
113 W Mountain Street
Fayetteville, Arkansas 7270]
Plans and Specifications
for
Wilson Park
Asphalt Trail (95)
June 1995
Ras. /oB -YS
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City of Fayetteville
Advertisement for Bid # 95-46
Notice is hereby given that the City of Fayetteville, hereinafter
called the owner, will receive sealed bids at the Purchasing
Office, City Administration Building room 306, 113 W. Mountain
St., Fayetteville, Arkansas 72701, until 9:CC a.m., local time,
on the 16th day of June, 1995, for the furnishing of all tools,
equipment, labor, and materials, and performing the necessary
work to be done to complete the project known as: Wilson Park -
Asphalt Trail.
The scope of this project is construction of approximately 1940
linear feet of asphalt trail that is 6 feet wide per
specifications. The location of the work is set out in the plans
and specifications on file at the cffice of the city Engineer,
Fayetteville, Arkansas. Said plans can be inspected or obtained
without any fees, but must be returned by unsuccessful bidders.
Each bid must be accompanied by a surety bend in the amount equal
to five percent (5%) cf the whole bid, said bond to be issued by
a surety company licensed to do business in the State of
Arkansas, said bond to be retained as liquidated damages in case
successful bidder fails, neglects or refuses to enter into the
contract for the construction of said works, and furnish the
necessary bonds within ten (10) days from and after the date the
award is made.
The owner reserves the right to reject any or all bids, and tc
waive any informalities deemed to be in its best interest.
The attention of all bidders is called to the fact that if this
contract exceeds $20,000 they must be licensed under the terms of
Act 150 of the 1965 Acts of the Arkansas Legislature, as amended.
k xo
Peggy
,61.),11/4“)
c - Purchasing Manager
Note to NWA Times: Please publish two times June 2, 1995 &
June9ilir, 1995
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of U son?ark — Asphalt Trail
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la ac...,, rce '.J-„'1 she �.on:r3:.." ....• . ari at t r t... ,
�_ - '.e fir'-ces S at?;, i]e�., 14.
`hese or c;.s are to ocvcr all eY'_, inc.:rri•.] -n perior'mirg the w'orii re J1"ed
`..- t'.. Contract. ��,.,4c c of rrr.i r :his prc:.;sal is d part.
9.4.d.'er Fere., antes to ccro.e.^,ce work under this conte ct on a date tc
be Steel ied in a written uhi- • r" _ et t" ,-eCr, and to fully c .. ,
e:e
the project within .—;n
_ corsec.:'.i,;e calendar days.
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Bid Schedule
for
Wilson Park Asphalt Trail
Item Description
(1) 1940 L F Asphalt 'Frail 1 1/2" thick
and 6' wide on 8" of hi::sidc fill materials,
and 4' ofSB-2 anaxrig
words
**Unit Price
(2) 80 C.Y hillside fill materials on as needed $
basis
words
Extended
-t%WAti eikk k% 0usizej
-Cour huInas tel {-watt J°
words
$ G'1oO.0-3
Nin.e hundred
<5rxk
wofs
(3) L.S. ditch crossing with 12' of 30" CMP $,319Ira •C 3 5 ,3100.E
with bituminous coatine
(4) 10 each Standard Proctor density test
TOTAL
thrzchotdredsix-1-1 .1-hreekunst' eLb;�t�
words words
5'7S,OO $ SO .0
5QV4ft}�- i t✓a ScJe/r[ ended 42r-1-1-
wc ids words
$4DJLIaa,DL)
ior't�l �Du�tnd (huru�re� gh
ei\w�
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*R•Cr,it r •iLes to ben
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a oust .h.t,.r it words w=ll go... ..
;.crds and fig.:res. jrg case cf c:iscre;:acct'
The ',sit prices srd l ln:.i 1'.4 al] let L", rater'als, L:• ir:, shcr-ru,
overhaa::, .^.rofit, in:. ;..,i', etc., to cover the finished wot Ci the Se:eraA
lords ca- ivi for.
P.icder ur rrstar s that th2 Owner reserves tie right to r ec art' cr
ali Jids and to waive ar; inforralit'es in the bidding.
ire Bidder agrees that this bid s4a'1 be coo" asd rarct ne .NA-itcra-
,r a period of sixty (eD) cale':•'d, a,_ `ter the scnc.iuled cicsirg ti.,e
for receiving bids.
UDC"' rec,mipt or written notice thAl arceptarr-n o '.:s t1C b
is r r wi
eAecute the focal contract attached within tan (1.g) days and deliver the
SJretV Bond or .ager:' as re:direct by ;gra:oraph 8 c` t eneral Ccr�i
Tre bic security attached in urzr
is to beccre tne property or the :%„^.f:� it i.^.e eve, the contract a',o i:old are
not executed wito n tre ..iTi_ a:,_.e srt forth, as '. gi iaa:,ed da"'' es for the
°Cad and additi;,',:, expense to the Nner ca Js•':l the'^ey.
fids Ne___f Jl'•y cJhr.A.itted:
SEAL - it bid is Jt' a corporation
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N1TED STATES EIDEEI
We
L.ARANTY COMPANY
(A Stcck Company)
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
Jerry D. Sweetser, Inc
as Pr nape!. nereinafter called principal. and UNITED STA–ES FIDEL TY AND GUARANTY COMPANY, a
coroporatio-i o'ganizec and existing under the aws o` the State of Marylanc and author zed to do ausiness
in the State of Arkansas. as Sure: hereinafter ca led Surety. re he d and firms( bound unto....
City of Fayetteville, Fayetteville, An ansas
as Obligee, hereinafter called Owner r :ne arcunt of..,F?urty Thousand Four Hundred
Eighty Two Dollars and 00/103
Dollars ($49,1:3.2...99 f. for Ile oaymerl whereof Principal and Surety b pd lhemse ves. their heirs,
persoral represerlatives, successors and assigns. )o ntly and severally. firm y by these presents.
Principal has by writer agreement dated ... ... . . .. ... ......... entered into a contract
with Owner for furnishing all labor and materials for Wilson Park Asphalt Trai'
'cr the City of Fayetteville, Fayetteville, Arkansas
. wh ch contract is by reference rade a pal hereof. and 's
hereinafter reserved to as :he Cortract
THE CONDITION OF THIS OBLIGATION is such that 1 the Principal sha faithfully perform the Cortract
on his part and shall fully indemnify and save narrless tie Owner from a'I cost and damage wh on ne may
suffer by reasor o` failure sc :o do and shall luny reimburse and repay the Owner all outlay and expense
which the Owner may noun in mak•rg good any such dctau 1. and. lurlhe•. that i' the Pr•rc pal shall pay a I
persors all indebtedness for labor or materia:s furnished or performed order said Contract. fa I rg which such
persons snail have a direct right e' actior against the Pr rc pa and Surety. ,cintly and several y. under th s
obligation, sub,ect to the Owrer's priority, tier this obligalior sial' be nu I anc void: otherwise is sha I remain
rn fu I force and effect
No suit, action or proceed ng shall be brought on this boric outside the State of Arkansas. No suit action
or proceeding shall pe breugh: on this nerd except by the Owner. unless t :s brought in accordance with
A.C.A. Section 22-9-403 ft)) and A.0 A. Sectior 18-44-503 (b; ;Supp 1987) as amended. No suit, action or
proceeding shah be brought by :he Owner atter two years from the date on which final payment under the
Contract falls due.
Any alterations which may be made in the terms of the Cortract or in the work to be done under it, or
the giving by the Owner of any extension of time for the performance o' the Cortract. or any other fo•berance
on the part of either the Owner or the Pr ncipa to the other sial no: ir any way release the Principal and
the Surety cr Sureties. or either or any of them their heirs. persona representatives successors or assigrs
from their liability hereuncer. not ce to the Surety or Suret es of any Such alteration, extension or forbearance
being hereby wa ved
In no event steal; the aggregate iability of :he Surety exceed the sum set out herein
Executed on this ... ..st .... day of. August 1995
Terry Swee
'`
President'
er Inc.
ski
UNITED STATES FIDELITY AND GUARANTY' COMPANY
• ,'J-• Surety
Rohert M. Davis Attorney-in-fact
2 P— a
Con:rae 158 (Arkansas) (11-89)
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UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 106636
1130764
%USF W
KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES F DELIIY AND GUARANTY COMPANY, a corporation organized and existing
under the laws of the State of Maryland and having its principal office at die City of Baltimore. in the State of Maryland, does hereby constitute and appoint
A.P. Eason, Jr. and Robert M. Davis
oftbe Cdy of Fayetteville salad' Arkansas its true and lawful Attoruey(s)-in-Fad, each is their separate
capacity if more than one is named above. to sign its name as surety to, and to execute, seal and acknowledge any and ail bonds, undedaldngs, contracts and other
written instruments io the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons: guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY bac caused this instrument to be sealed with its corporate seal,
duly attested by the signatures of its Senior Vice President and Assistant Secretary. this 22nd day of January . A.D. 1993 .
STATE OF MARYLAND)
BALTIMORE CITY )
UNITED STATES FIDELITY AND GUARANTY COMPANY
(Sigma) By
(Signed) By
SS:
Senior Vice President
Assistant Secretary
oothi322td dayof Jan;:ary ,A.111993 .beforemepersonaflyoame Robert J. Lamendola
Senior Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Paul D. Sims.
Assistant
Secretary of said Company, with both of whom I am personally acquainted. who being by me severally duly sworn, said, that they. the said Robert .T .
Lamendola and Paul D. Sims were respectively the Senior Vice President and the Assistant Secretary of
the said UNITED STATES FIDE IFY AND GUARANTY COMPANY. the corporation described in and which executed the foregoing Power of Attorney; that they
each knew the seal of said corpomtioa; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affixed by order of the Board of Directors
of said corporation. and that they signed their names (hereto by like order as Senior Vice President and Assistant Secretary, respectively, of the Company
My Commission expires the 11th day in .:March A.D. 1995
Oj°
+g,ma^, b L (Signed) ... .. !`!F--'.... (..i'.Plif-t L.
NOTARY PUBLIC
This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the L'NITED STATES
FIDELITY AND GUARANTY COMPANY on September 24, 1992:
RESOLVED, Wan in connection with the fidelity and surety insurance business of the Company, alt bonds, undertakings, contracts and other instruments
relating to said business may be signed, executed. and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued .o
accordance with these resolutions. Said Power(s) of Attorney for and en behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman. or the President. or an Executive Vice President, or a Senior Via President ora Vice President or an Assistant Via President jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature co suck officers may ace engraved, primed or :nbogmpned. —sue signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any P we of Attorney or to any certificate relating thereto appointing
Attomey(s)-m-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory m the nature thereof and, unless subsequently
revoked and subject to any limitations set forth the rem. any such Power of Attorney or certificate beanng such facsimile signature or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certifiedby such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undedalong to which it is validly attached.
RESOLVED, that Attorney(s)-in-Fact sha:l have the power and authority, unless subsequently revoked and, in any case subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,
and other writings obhgatory in the nature thereof and any such instrument executed by such Attomey(s)-m-Fad shall be as binding upon the Ccrrnany as if signed by
an Executive Officer and sealed and attested to by Ibe Secretary of the Company.
1. Paul D. Sims . an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY.
do hereby certify that the foregoing is a hue excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and That this
Resolution is in full force and effect.
L the undersigned Assistant Secretary of the UNTIED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoked.
In Testimony Whereof, i have hereunto set my hand and the seal of TIED STATES FIDELITY AND GUARANTY COMPANY on this day
of , 19 ^ p
.dPvAbn. Lam
FS 3 (10-92)
Assistant Secretary
SEP -12-9E TUE 13:26
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CERTIFICATE QF INSURANCE:
PRODUCER
Eason a Company. Inc.
100 West Center, Suite 201
Fayetteville, AR-
PHONR501-521-2233
•
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Derr Sweetser, Inc.
• 59Y0 W. Poplar
7270 Leville AR
INSURED
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P.02
CSR SE 08/31/95
IBIS cERTIp1CAIR I8 ISSUPD AS A NATTER 0R INPOREATICN ONLY AND
CONFERS NO RIGHTS UPON THP CERTIFICATE HOLDER THIS CUPTIFICATB
DOES NOT ARANO. EXTEND OR ALTER TNR COVBRAOE ARRORUWD By TRE
POLI=ILS BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY Lirmr A Bituminous Insurance Co.
OOPPANY LBI:ER B
C01:PA"N LEITER C
COMPANY :.B?CR D
CGMRAMY LETTERE
rl TMI9 IS TD CERTIFY THAT POLICIES CP INSINANCE LIRTRD SEWN HAYS BEEN ISSUED TO THE INSURED NUM ABOVE PORTER POLICY
PPR1OD INDICATED. tIOVITTROTANDING ANT RPQUIR!MSNT. TERM OR CONDITICN OP ANY CONIRACI OR OTHER DOCUMENT WITH RESPECT TO
WHICH TEIE CERTIFICATE MAY BR 'SSUBD OR NAY PERTAIN Th6 INSURANCE APPOPTED BY THE POLICIES DESCRIABD RESEW Ib SUBJECT TO
ALL TERMS RSCL'JSIONS AND CONDI:TORP OF SUCH POLICIBA LIMITS SHORN MAY NAVE BEEN RBUUCSD BY PAID cLLIMD
TIp6 iP INSJRMICE
Pol]1'I NURSER
1 (GENERAL LIABILITY
, A X CONMBRCIAL GEN LIABILITY
I 1 [ 1 CLAIMS MADE ,XC OCC
I
1 ALX nen AUTC
I: : ALL ONNEu AVmo++
1' 1 OCNEDULRD AUTOS
11 1 MIRED AUTOS
I1 : NDN -OWNED AUTOS
1 GARAGE LIm:LITT
II f oMNERe•s B coerrRAe.^oR e
PROTECTIVE
CLP2131174
mAUTOMOBILE LIAR
POLITY RPP I POLICY EXP :.WITS
DAT% i BAIR I
I I ICBNIRAL AC92RGATB I 63 000.000
II 10/30/94 110/30/95 IPPCD-cCNPIOP AOG
I I
I I
1 CAP1813240
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1 :EXCESS LIABILITY
AItXUMBRELLA PORN
. t : OTHER MAN UMBRELLA PORM
I I
C0'P1850409
WORKERS: COMP WC122292
AND
EMPLOYERS' LIAR
'OTHER
, A, OCP COVERAGE
1 ,
BINDER
DESCRIPTION CP OPERA
1, C9KTIpICATE ROLLER
CNSILOcAl10Na:VEY/cLES•EPSCIAL ITSMa
The City of Fayetteville,
Arkansas
113West Mountain
F3ayetteville AR
ACOPD 25-9 11,901
,PARA A ADv INSDRYhl, 000, 000
IEACH OCCUANENCE
IIIRE DAMAGE
PANT OPE FIRS'
1N5D [BREESE
;(ANY OM$ PERSON,
11,000,000
50,000
;5,000
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MINGLE LIMIT 11P Del, 004
10/30/94 110/30/95 'BODILY IN'URY
I :PER PERSON I
I I
IB.IDILL INJURY ,
I CPBR ACC]DET1 i
I------------------ 1-.- .. -. 1
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IppOPElTY DARAGS I
'EACH OCCURRENCE �1. 000. 000
110/30/94 110/30/95 iAccR E
'12,000,00d
I 1
I ----, X ISTATUIORY LIMITS
10/30/94 110/30/95 ,EA ;DIEAn � LIMIT 1500, 000
I IDs SLAPS-NATI BMP. 1100. 000 I
I I I
I
X08/09/95108/09/96 1,000,000
, CANCELLATION -- ----
SMOVID ANY or TH9 ABOP9 mummED POLICIES BB /ANGEL:SD BPPO9E THE EI-
- P:PAT:ON PATE THEREOF, THE ISSUING COMPANY HILL P.ICBAVOR TO MAIL 30
▪ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO -ML LEY-. BUT
PAILUPI TO NAIL SUCH NGTICE SHALL INPOSE NO OBLIGATION OR LIABILITY OP
- ANY KIND UPON THE COMPANY. ITS ROASTS OR REERESENT r
• AUTHORIZED RRPRRABMTATIVE
Robert Michael Davi
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CCN. Ii Ai . A(,:2ET.' f .T
1. 1111S C cm. ," i AND Aijr.:"r; il.."_ , male and entered into th' s 15th
dny of _F,uaust ., :3 by a. -x1 between the City of Fayetteville, Ar mnsas,
Pary of the Firs t Fart, actin::; t nrcogh it's duly authorized representative,
and
Jerry D. Sweetser, :nc.
590 W. Poplar
Fayetteville, AR 72703
Party of the Second Part
irTIM.:-Sr.;:l :
That for and in cosi•' t'icn o` the payments to be meide as hereinacte— set
forth, the Party cf the Seccnd Part hereby agrees to furnish ail tnol ,
labor, equipnent, materials, and supplies require.: to the furnished and to
construe- the improvements designated as Wilson Park Asphalt Trails
A unit price Contract in the amount of 540,482.00
for the City of Fayetteville, Arkansas, in exart accordance with the Plus
on filer at the Office of to City Engineer, and Specifications, Proposals,
Stipulations, and Special Provisions attached hereto and male a part hereof
as fully as two'gh copied herein, under the direction of and to the entire
satisfaction of the Party of the First Part and in accordance with the laws
of the State of Arkarsas
2. It is fu. tlrer agreed ani understood by and between the parties
hereunto that the Party of the Firs., Part agrees to pay and the Party of the
Second Part agrees to accept an full and final compensation for all work
done under this agreement, the Unit Prices an?/;:r Lump SI -T. Price naris in
the Proposal which in hereto a`tru•'-e', such payment to be made in lawful
money of the United States, at the time and in the manner set forth in the
Specifications.
3. The Party of the Secorxi Part agrees, for the consideration
above expressed, to begin ad complete the work within the time specified in
the Proposal. Time is expressly made of the essence of this Contrac' If the
Party of the Second Part shall fail to complete the work in the time
specified he s} -.all pay to the Party of the First Part, as liquidated
damages, ascertained and agreed, and not in the nature of a
penalty, the aflir•iflrt. :.peci fid in the Proposal fc•r each day do layed, for each
Schedule delayiid, w1:_ch shall be ci�x'u-ited frau the final amount to be pal.:
t:t.4ler the Ccntra^t. niter=.;.rs of time my be grant -1x1 with waiver of
1::lu:datf.' chi:In e:5 as prcvidei for in the cpecifcaticrs.
4. Tice Party of the Se-it:rid Part agrees to furnish a Bond, with an
appr'wed Surety thereon, I~,ra an oeing the perfolnarce cf this Contract,
roc rine l by the laws of the State. cf Arkansas, azdfor not 1eiss ti -.an one
hundred (100) percent of the atount of this Contract. Said Bond skis t,e�
c.;rditicned cr. full and cc p'e e perfo_--m.uxi_ of this Contract and a -reit -air -e
b)- the City cf Fayetteville for t_he payment of all labor and materials
entering .::to err tncicle n:. t:; the pro-,x:srd _cpmve a#ss alit i shall guarani_ CP.
the work against faulty work unship cr nnitertals for a period of cre (1)
year after eer-p_cticn. The Surety on said Bond shall be a Surety Coclxany cf
financial rc•_:<:;r.':rs satirfat' tcry to the ?art-; cf t1 e First Part, anti
aut.} ori: ed to do lEsiness in the State of Arkansas.
5. The Party of the second Part. agnies a.: so to carry Publi-' Iia-ility
Insurance, F.vperty fk m age Insurance, and: Workman's Coc pens aticn Ir ;'rince
in amounts as nyiluirev. by ,•se SIx-c:ificat_ons.
w:T:\F S cicR HANDS T' -IIs 15th PAY CF A -v-5 { , 19`15
Attest
by city Clerk
Corporate Sea. (i
any,
CI.4 OF FA':::.i.nC=Lr?
FAY I:_ARIIANSAS
Mayor
JERRY D. SWEETSER, INC.
Name and Title
590 WEST POPLAR - FAYETTEVILLE, AR 72703
I3usiness A: lre l,5
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INSTRUCTIONS TO BIDDERS
1 QUAI�ZICAT IONS OF BIDDERS:
Before submitting a bid, bidders :oust be licensed under the
terms of Act 153 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, exanine 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 cr from the Engineer or his assistants shall not
relieve the bidder of this responsibility.
3. PROPCSAL GUARANTEES:
Proposals must be accompanied by either a certified or
cashier's check, drawn cn a National Bank or a bank having
membership ir. the Federal Reserve System, cr a Bid Bend executed by
a satisfactory Surety. The proposal guarantee shall be ir. an
amount not less than five (5) percent of the bid and made payable
to the Contracting Authority tc whom the Proposal is made. A
lesser amount will not be accepted.
The proposal guarantee, or ether bid qualifications, shall be
sealed in a separate envelope firmly attached to the outside cf 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 tc 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 bend within ten (I0) 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
,rause for rejection.
(b; :t 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 wcrk required under these Contract
Documents, including itens 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 hind 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 he submitted in sealed envelopes addressed
tc the Contracting Authority, and clearly narked on the outside of
the envelope, "Proposal for Construction Contract" to he opened at
(date and time). The Bidder's current Arkansas Contractor's
license number must be marked on the envelope.
(f) The Contracting Author.ty 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 he 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,CCNT.RACT 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 ar. 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
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Authority will nct he responsible for any other interpretations of
the proposed Documents.
8. EXECUTION O1 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 CF 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 `.his contract is less than $20,000.00, the following
exception appli'3s:
The Contractor is not required to be licensed under the terns
of Act 150 cf the 1965 Acts of the General Assembly.
11. TIME OF COMP:JET:ON AND LIOU:DA-FD DAMAGES:
Bidder must agree to commence work on or before a date to be
specified :n a written "Notice to Proceed" of the Owner and to
fully complete the project within the time specified. -Jiro dated
d el:r. s are hereby set SGf. ; , }' per day.
.
12. SAFETY S1AN:;ARDS AND ACCI2ENT 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 pace 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.
•
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GENERAL CONDITIONS OF THE SPECIFICATIONS
1. DEFINI'_ :ONS OF TERMS:
Wherever in these Documents the following terms are used, they
are understood tc have the following meanings:
"OWNER" or "CCNTRACTINS AUTHORITY" shall :Wean 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 tcols,
labor, equipment, materials, and supplies required to be furnished
by the Contractor under these Specifications.
2. LAWS AND RFG:;LATIONS:
All work shall be done in conformity with the laws of the
S tate of Arkansas, and any subdivision thereof, municipal and local
laws and ordinances, and all applicable federal statutes, laws or
✓ egulations.
No convict labor shall he employed on this project.
3. CCNTRACT 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 tc be furnished.
The Contract Documents are complimentary, and what is called
for by one shall be as binding as if called for by all. Tne
intention of the Documents is to include al; 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 tc such recognized meaning.
The following copies of the executed Contract Documents will
be provided:
One for the Contracting Authority,
One for the sL....E.ssful Bidder,
One for the Engineer,
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4. SUBCONTRACTS:
•
The Contratcr 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 nust be secured, ir. writing, on all Sub -contracts before
they are made and signed.
The Contractor shall be held fully responsible tc 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 ir. these Specifications or in the Contract
Documents shall create any contractual relation between any Sub-
contractor and the Contracting Authority.
5. THE CONT RACTOR :
It is understood and agreed that the Contractor has satisfied
himself as to the nature and iocation 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 "kcal conditions, and all ether :natters which can
,n any way affect the work under this Contract. No verbal
agreement cr conversation with any officer, agent, or employee of
the Contracting Authority, eitner betcre or after the execution of
this Contract, shall affect cr modify any of the terms or
obligations herein contained.
6. INSPECTION:
The Contractor shall permit and nake 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 cr reject work cr 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.
BOND:
Coincident with the execution of the Contract, the Contractor
shall furnish a good and sufficient surety bond :n the amount of
One -Hundred ( 100) percent of the contract sum, guara n-.eeing 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, d�l
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 m,ay be suspended, and all payments
or money due the Contractor withheld.
8. ;NSL-\ANCE:
The Contractor shall maintain such insurance as will protect
him from claims under workmen's compensation acts and other
employee benefits and frost claims for damages because of bodily
injury, including death, and from claims for damages to property
which may arise cut of operations or the work, whether such
operations be by himself or by any subcontractor or anyone directly
or indirectly empicyed by either of then. 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, S,000,OC0
Comprehensive Autc.�.cbile Liability (owned, hired
and non -owned Vehicles) with bodily injury limits
of $500,00C and $1,000,000 and property damage limit
of $250,C00 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,CCC,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 clams for infringement of any patent
rights, and shall save the Contracting Authority from loss on
account thereof.
in INSPECTICN:_
The detailed nanner 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 cf
Fayetteville Parks Department Project Manager or his authorized
representative to see that it is done in accordance with the
Contract Documents.
Inspectors tay 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 shat_ be prcmptly taker. 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 . WOPKM_a,NSKIP AND SUPERINTENDENCE:
The Contractor
competent superinte;
superintendent shall
all directions given
Contractor.
shall kcep
ident and
represent
to hi:: sha
on this work, during progress, a
any necessary assistants. The
the Contractor ,n his absence and
I be as binding as if given to the
The Contractor sha:l prcvide proper tools and equipment and
the service of all worknen, mechanics, tradesten., and other
employees necessary in the execution of the work contetplated
herein. The employees of the Contractor shall be competent and
willing to pe:form 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
CONTRACTCR'S RESPONSIBILITY FOR DAMAGF,CLAIMS;
The Contractor shall adequately protect the work, the
Contracting Authority's property, and adjacent property and the
public from injury, carnage, or loss arising in connection with the
contract or the worx.
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 cf
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 nrocure at his own expense all necessary
licenses and permits cf a temporary nature, and shall give due and
adequate notices to those in control of all properties which may be
affected by his operations. Per:^i.ts, 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 pxoper 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 hearing 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 ass:gnment in writing.
No assignment, transfer, or subletting, even though consented
to, shall relieve the Contractor of his liabilities under the
Contract. Should any Assignee fai] to perform the work undertaken
by him in a satLsfactory manner, the Contracting Authority ::ay, at
its option, annul and terminate Assignee's contract.
15. OTHER CONTRACTS:
The Contracting Authority reserves
contracts in connection with this work.
afford other Contractors reasonable
introduction and storage of their materi<
their work, and shall properly connect and
theirs.
the right to let other
The Contractor shall
opportunity for the
ils and the execution cf
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 var:.cus L.crticns cf the work in general harmony.
16. SUSPENSION CF 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
(10) day's
resumed by
written not
do so.
time suspend the work or
notice to the Contractor
the Contractor ten (10)
:ice fron the Contracting
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 Contractcr 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 portacn 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.
17. TIlE cQTBACTJ NG A THORIs Y `S I tdIIT T'O DO WORK:
If the Contractor should neglect to prosecute the work
properly or fail to perform any prevision 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.
18. THE _OWNER'S _RI H; TO TER I1_rAT� CCONT. CT:
if the Contractor should be adjudged a bankrupt, cr if he
should make a general assignment for the benefit of His creditors,
or if a receiver should be appointed on account of has 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, cr disregard
laws, ordinances, cr otherwise he guilty of a substantial violation
of any provision of the Contract, then the Contracting Author_ty,
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 Ccntractor.
In such case, the Contractor shall not be entitled to receive
any further payment until the work :s 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 tine, although such extension of tine may be granted
by the Contracting Authority if he deems ;t in the interest of the
work.
19. ERMINATION FOR BREACH:
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 nay serve written notice upon the Contractor
and the Surety of its intention to terminate such Contract, such
notices to conta:r. the reasons for such intentions to terminate the
Contract, and unless within ten ;10) days after the ser✓:nq of such
notice upon the Contractor such violation shall cease and
satisfactory arrangctents 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 nay 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
pant as may be on the site of the work and necessary therefor.
20. PAYMENTS WITHHELD:
The Contracting Authority nay withhold or, on account of
subsequently discovered evidence, nullify the whole or part cf any
certificate to such extent as nay 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.
21. DELAYS AND EXTENS =CNS OF T =MF_:_
If, at any time, the Contractor considers he is being delaycd
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 cr 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 tine, 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 un:ess
such notice has been filed with the Contracting Authority within
the tine 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 tine nay 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 Contract:nq Authority on account
of delays, ::ay be granted the Contractor on account of his fai]ure
to complete the work within the time specified.
22. ADDC_CNAL, OMITTEDOR CHANCED WORK:
The Contracting Authority, without invalidating the Contract
may order additional work to be done in connection with the
Contract or may alter or deduct from the work, the Contract Sum to
be adjusted accordingly. Such changes shall be done only with a
change order to the original contract, approved through proper
channels. (L�it7—rtIar-
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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 nay he, upon the basis of an estimate prepared by the
Contractor and approved by the Contracting Authority, prior to the
written order chang:nq the quantity of work.
The Contractinq Authority reserves the right to contract with
any person or firm other than the Contractor for any cr 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.
23. REFERENCE TO MANUFAC';LEER OR TRADE NAMES:
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 win 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.
24. ti5_r._OF_COMPLETED PORTIONS:
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 wcrk
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.
25. ACCEPTANCE AND FINAL_PAYMEN :
As soon as the work has been substantially and satisfactorily
cozpleted, 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 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
conpletion 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 cctplete release
of all liens which may have arisen from this Contract. In lieu
thereof, the Contractor shall f:le statements showing balance due
or claimed on all accounts and the Contracting Authority shat; have
the right, if it so elects, to withhold sufficient money tc pay
such balances until receipts in full or satisfactory evidence of
final determination are filed with the Contracting Authority whc
nay then make the final estimate.
The naking
and acceptance of the
final payment sha_:
constitute a waiver of al_ claims by the Contracting Authority,
other than those
arising from
inconplete
or uncorrected work,
unsettled liens, or from faulty
workmanship
or materials, and of
all claims by the
Contractor,
except those
previously :lade and
still unsettled.
If the work has been partially, but substantially completed to
the extent that all adjustments in the Contract sum nay be made,
the Ccr.tractir.q Authority nay, :f material delay in conpleticn is
anticipated or if otherwise deemed in the interest of the work,
make the final estimate, retaining, in addition to cther
requirements which may he sF•�cified under payments, an amount
representing the cost of unfinished work. Such payment shall be
under the terns and ccnditions 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.
26. CONSTRUCTICN SAFETY:
The Contractor shall bear full responsibility for safety
during the executicn of this Contract.
:;Dtir:,: c:cnt r. :) II: this Article shall be construed
to :t r:c:, the right., hereby reserved, tc reject the
w):olu ur ar4 pr or the alcrc..ai;: Work, should such
Rork to )3tur : ound riot to comp]y with the provisions
of the n-\.\.ot L. curor.ts. A estimated quantities
ri
of 'wurk for wl::ch partial payments have been made are
revic::1' and ccrre\a ion on the final
eat.is-ae. r..ent oy the Caner and acceptance by the
Cent: t T of nart:al paytents based on periodic
e::ti-._ltnc of quantities of Work performed shall not,
n any way, ccr.ctitute acceptance of the estimated
euar.t:t:es used as the basis for computing the azounts
o` t)le partia: _.alnents. For public works projects,
cad; part:, l paycnt request and final payment request
sha:. cc:,ta_:: an affidavit by the Contractor that all
;, _-n . s.::..: o: the ap1- .:cable f edera i and state
equ.l '.- e ar ing app:-enticej and payr.ert cf
r. re: i'.::r a,.is h:avu been \.o:,p;.ed with by h1t and by
I. a UM\ .... \ I ..
}3. .. .1::.1'
13„r;,; -e f : rst wcr king c.ay of each ca endar month,
''.:e Contract: r ch,-: it sub:n:: to tha 'naineer a detailed
;; tl;n a'X..oula earned for the separate
tcrticr: cf t:.e work, an:. request payt.er.\,. As used in
rtii thc-- cw.crds .vd-Lount earned'' :jeans the
dal.::r, r n :he :iatn o_ tl:e cstbate for par
1�tial
1yr.,:::; , t tt.0 : k uo-nplet"c-d it: accordance V it.l the
• ," . •, .�-�' - and�t;� v.31 to cf approved
.
L II.a._ j`� .. ♦... ...
at . dali , :'r u tably :vre,] -r t.I Cjccz .�,te s
stcrc'u ar.d ]:r ::e a .: . rior to incorporaticn. into the
ii T.: the Cc,:.t ra:.t: is estimate of amount earned
contors with the Lng'. neer 's evaluaticn, the Engineer
will caiculate ti:e a::c+unt due the Contractor and make
rracrm-.. r.dat_on tc t (: Her fcr pay.-,.ent.
An est:-Life of r:o:a] 1}• prcgress payr.ents shall be
prav:de.] `cr tc cr. •t:: e job urior to the first patentyent
realest. :.r. 'JpJ 3t(. of the estimate of progress
payments st:,:l, ne updated if the actual progress
diff(!r:; 's:.; -ore than 2U percent in any given month.
Eact' :.thl} payrent request shall include the
required dale sche-i:fl e.
:f the Lpdt.ted s::r.edule is not subr, i tted, the Owner
na} wi:l:Lo d p:;-:.ent ant=: uh`s item :s completed.
shall ,within s
The .-..(,.. •�ctcr �..u, : be paid wi _hi.. 0 day., cf
approval of the r•ayr..t' it request.
in t::
^.e S'':.'pienentary Conditions,
deduct i : r c:: t::e estinate will be as described
The Cwrcr
'.:'. ii deduct fron the estimate, and retain as
part
Secur'.ty, iC petcer.t cf the amount earned
for
lticrk
sat:sfactori]y c'r..pleted- However, no deduction
cr retainaot- w`.:. DC rade on the approved items
of
m..ateri_'
::e.:vered to and properly stored at
the
'oks:tce
nct inccrvoratel into the Work. S4hen
the
tvoT},
s. ',.. cr en.. cc...nlete, the Owner may "freeze"
the i
uta:page at ::urcent of the dollar value cf
the
totes
c('^:_Tact creviced that the Contractcr is making
actor_ nr
crcqress and there is no specific cause
for :3
r
greater retairage. The Owner may reinstate
the
re'ta.
naylc: un tc IL; percent of the dollar value
of
r::
(.c-.n'etc t0 date" if the Owner determines,
at
his
d ' scret ici:, that the contractor i s nct r..aking
sat'. sf
ac_ t o.', ]regress or' where there is cth(,r speci
f c
CdUSt
;:': ::L: •.1: ;:,t:;.`1:1]:t: nq.
I
SECTION 101
SCOPE OF WORK
General Scope of the:Wilson Park Asphalt Trail (95) project.
The contractor shall provide all labor, materials, plant,
services, temporary construction, facilities and incidentals
necessary to execute the Wilson Park project.
Specific work shall be:
Additional asphalt jogging trail.
Construction
of
approximately
1940 linear
feet of 6 feet wide, 1-
1/2
inch thick
asphalt jogging
trail.
This asphalt trait shall be constructed upon 4 inches of compacted
533-2; upon 8 inches (final dimension) of compacted "hillside" fill
material; upon compacted suhgr<ade.
The general layout of the asphalt trail shall be staked by the
Fayetteville Parks Department and verified by the contractor prior
to construction.
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.
SI
sECTroN 201
C "' 1. GRADING
•. 11.
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 2C2 -
C. Section 301 -
1.03 QUALITY ASSURANCE
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. ASTMS 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. ramner 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.CS 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. Prctect 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 sha_1 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 corner.
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 drainaqe.
B. Compact the top 8 inches of existing subgrade to 95%
standard proctcr.
.,
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 6 inches ;finished
dimension) of "hillside" fi11 in. accordance with section 201 - Site
Grading, paragrapn 3.03.
3.02 PLACEMENT OF BASE COC7RSE
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 ioisture 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 bitunincus 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.C3a
and b of the AHTD Standard Specifications.
3.04 PLACING SUR1'ACE 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. rAT.en placed or. base course: 275 to 325 deg. F.
C. Temperature of air: Do not place ACrnt1 when air
temp. is belcw 40 deg. F in the shade.
D. Place asphalt pavement to the compacted depth shcwn
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
V
!� w
.4 marks. Keep roller wheels sufficiently moist so as to not
pick up material.
H. Perform hand tamping in areas nct 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 fcot straight edge.
K. Do not allow vehicular traffic on newly paved areas
until surface has cooled to atmospheric temperature.
STAFF REVIEW FORM
AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of N/A for Mayor's sip, only
FROM:
Sid Norbash Engineering Public Works
Name Division Department
ACTION REQUIRED:
Approval of C.O.#1 to the construction contract with Jerry D. Sweetser, Inc.
for Wilson Park Asphalt Trail in the amount of $9,300.00.
Funds for this change order are from Green Space Funds.
COST TO CITY:
53.300.30
Cost of this Request
1010- -1505-02
Account Number
95018
Project Number
Wilscn Park Asphalt Trailx
Category/Project Budget Category/Project Name
Funds Used To Date
Remaining Balance
Program Name
Fund
BUDGET REVIEW: �"{�u Item Budget Adjustment Attached
A.
Bu ge Coordinator 1 Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
% ein1
Acco i g M gex
..i y At rney
GRANTING AGENCY:
Date ADA Coordinator
I 2 -/-5,� ,
Date Ink rnal Auditor
J
Purchasing Officer Date
STAFF RECOMMENDATION:
Date
/z -I-- 5\
Date
D v'sion Head Date Cross Reference
New Item: Yes_ NO_
Department Director Cate
Prev Crd/Res 4t: /O8 — gs�
nistrativ rvices D: rector Ca e
MOr:g Contract Date:
Mayor Date
CHANGE ORDER NO. 1
Project Title: Wilson Park Asphalt Trail
Project No.: 95018
Consultant/Contractor: Jerry D. Sweetser, Inc.
The following changes are hereby made to the Contract Documents:
Justification:
Origina4ly a bridge was planned over the creek to join the two sections of the
asphalt trail. Due to the complexity of instling a bridge, which should satisfy
all the floodway requirements, the construction of a bridge has been delayed.
Decision has been made to extend the trail to the existing bridge in order to
make the trail usable.
-------------------------------------------------------------------------------
CHANGE TO THE CONTRACT PRICE
Original Contract Price: $ 40,482.00
Current contract price,
as adjusted by previous
change orders:
$
40,482.10
the contract price due to tins change order will be
increased by: $ 9,3G0.0C
New Contract Price Due to this Change Order will be: $ 49,782.O0
CHANGE TO CONTRACT TIME
The contract time will be increased/decreased by 20 days.
The date for completion of all work will under contract
will be 20 days beyond the completion day after deduction for bad weather days.
Approvals required, this order must be approved by the owner if it changes the
scope or objective of the project, or as may otnerwise be required under the
terms of the supplementary General Conditions of the Contract.
A
kegested by ac,'. -1) t•> -.•' - Date: /, 1 /II I
=ate:
1 I
,/ 1�+
Annroved by Ihayorl /; 1 K_ .f�•r"L 3n� Date: 1 �J —_
Accented by ;Contractor! Ca -e: