HomeMy WebLinkAbout21-00 RESOLUTIONRESOLUTION NO. 21-00
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MICROPTLME13
A RESOLUTION AWARDING BID NO. 2000-12 IN THE
AMOUNT OF $114,025 TO APAC-ARKANSAS, INC., A
McCLINTON-ANCHOR DIVISION, APPROVAL OF A
CONTRACT CONTINGENCY IN THE AMOUNT $17,104 (15%),
APPROVING $20,000 FOR CONTRACT ADMINISTRATION,
CONSTRUCTION INSPECTION AND MATERIALS TESTING,
AND APPROVAL OF A BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby awards Bid No. 2000-12 in the amount of
$114,025 to APAC-Arkansas, Inc., a McClinton -Anchor Division, approves a contract contingency
in the amount $17,104; and authorizes the Mayor and City Clerk to execute an agreement for said
amounts. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof.
Section 2. The City Council hereby approves an amount of $20,000 for contract
administration, construction inspection and materials testing for said project.
Section 3. The City Council also approves a budget adjustment in the amount of
$151,129 by increasing Acct. No. 4470 9470 5814 00, Project No. 99083 1 decreasing Acct. No.
4470 9470 5814 00, Project No. 96041 1. A copy of the budget adjustment is attached hereto
marked Exhibit "B" and made a part hereof.
PASSED AND APPROVED this h day of February , 2000.
c f9To /5
?/7/o6 APPROVE .
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By: I' i 4; 41 el(
Heather Woodruff, City '�¢k
T
By:
red Hanna, Mayor
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NAME OF FILE: RAS , %/ 1)D//i//9C - f1Qa/)SAS, Z'Al c :, ii A 4O. %20DD-/6
CROSS REFERENCE:
Date
Contents of File
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EXHIBIT A
do/5A—do/5/
AGREEMENT
GREEMENT 049.141
BETWEEN OWNER AND CONTRACTO D /) p i
THIS AGREEMENT is dated as of the /6 -
day ofFele in the year 2000 by and between
the City of Fayetteville, Arkansas (hereinafter? called O R) and APAC-Arkansas,. Inc.,
McClinton -Anchor Division (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1.. WORK
•
CONTRACTOR shall complete all Work as specified or indicated m the Contract Documents. The Work
is generally descnbed as follows:
•
PROJECT - Cleveland Street Sidewalk Construction: removal & disposal of existing asphalt
curb, asphalt pavement, concrete curb & gutter, driveways, and sidewalk; and construction of
approximately 1500 LF of concrete curb & gutter and sidewalk with associated earthwork,
aggregate base, asphalt pavement, dnveways, access ramps and all items indicated in the
Drawings and Specifications.
Article 2. ENGINEER
The Project has been designed by
City of Fayetteville Engineering Dept.
113 W. Mountain
Fayetteville, Arkansas 72701
•
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties
and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents
in connection with completion of the Work in accordance with the Contract documents.
City of Fayetteville Page 00500-1
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Article 3. CONTRACT TIME.
3.1. The Work shall be substantially completed within 60 calendar days after the date when the
Contract Time commences to run as provided in paragraph 2 03 of the General Conditions, and
completed and ready for final payment m accordance with paragraphs 14 07 B & C of the General
Conditions within 90 calendar days after the date when the Contract Time commences to.run. ,
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that tune is of the essence
of the Agreement and that OWNER will suffer financial loss if the Work is not completed within
the tunes specified m paragraph 3.1 above, plus and extensions thereof allowed in accordance
with Article .12 of the General Conditions. They also recognize the delays, expense And
difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed
on time Accordingly, instead of requiring any such proof, Owner and CONTRACTOR: agree
that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER
Two hundred dollars ($200.00) for each day that expires after the time specified in paragraph
3.1 for Substantial Completion until the Work is substantially complete After Substantial.
Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remainmg-Work
within the time specified m paragraph 3.1 for completion and readiness for final payment or any
proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two hundred
dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for completion
and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined from the
following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below:
4.1. for all Work other than Unit Price Work, an amount equal to the sum of the established lump
sums for each separately identified item of Lump Sum Work; and
4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each
separately identified item of Unit Price Work times the estimated quantity of that item as
indicated in this paragraph 4.2.
City of Fayetteville Page 00500-2
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PAYMENT ITEMS
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As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER as provided in
paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B of the General Conditions.
City of Fayetteville
Page 00500-3
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Item
No.
Item Description
Unit
Estimated
Quantity
Unit Price
Extended
Price
1
Mobilization
LS
1
$5 000.00
$5,000.00
2
Protective
Fencing
for
Trees
LF
700
$5.00
$3,500.00
3
Maintenance
of
Traffic
. .
LS
1
$7 500.00
$7,500.00
4
Site
Preparation
LS
1
-$15,000.00
$15,000.00
5
Removal
&
Disposal
of Concrete
Driveways, Sidewalks
& Swale
SY
160
. $5.00
$800.00
6
Removal
and
Disposal
of Asphalt
Curb & Pavement
SY
600
$5.00
$3,000.00
7
Removal
and
Disposal
of
Concrete Curb &Gutter
LF
40
' ;. $5.00 ..
$200.00
8
Compacted Embankment
(Select
Hillside
Material)
CY
275
$15.00
$4,125.00
9
Aggregate Base Course
TN
415
$20.00
$8,300.00
10
Portland
Cement Concrete Base
CY
30 ,
$175.00
$5,250.00
11
Concrete Curb
& Gutter
LF
1500.
, .$8.75
$13,125.00
12
Concrete Sidewalk
(4")
SY
750
$24.00
$18,000.00
13
Concrete
Dnveway (6")
SY '
475
$30.00
$14,250.00
14
Concrete Access Ramp
(4")
SY
100
130.00
$3,000.00
15
ACHM
Surface
Course (Type
2)
TN
30
$65.00
$1,950.00
16
Imported Top
Soil
CY
60
, ;.$25.00
.
$1,500.00
17
Seeding &
Mulching
AC -
0.3
$20 000.00
•,
$6,000.00
18
Silt
Fence (Type E 4)
LF
700
$4.50
.
$3,150.00
19
Straw Bale
EA
25 .
$15.00
$375.00
Total Base Bid Amount
$114,025.00
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER as provided in
paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B of the General Conditions.
City of Fayetteville
Page 00500-3
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Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment m accordance with Article 14 of the General
Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed
by ENGINEER as provided in the General Conditions.
1
1
1
1
5.1.1. Pnor to Substantial Completion, progress payments will be made in an amount equal
1 to the percentage indicated below, but, m case, less the aggregate of payments previously
made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraphs 14.02.B.5 & 14.02 D of the General Conditions.
1
5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Pnce
on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on
or about the 1st day of each month dunng construction as provided in paragraphs 5 1.1 and 5 1.2
below and SC -14.02 All such payments will be measured by the schedule of values established
in paragraph 2.07 of the General Conditions and based on the number of units completed in the case
of Unit Pnce Work or, in the event there is no schedule of values, as provided in the General
Requirements.
1
1
1
100 percent of materials and equipment not incorporated in the Work but delivered,
suitably stored, and accompanied by documentation satisfactory to OWNER as
provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if
any such items are setup for that type payment in the Specifications.
90 percent of Work completed (with the balance of 10 percent being retainage), If.
Work has been 50 percent completed as determined by the ENGINEER, and if the
character and progress of the Work have been satisfactory to OWNER and
ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as
long as the character and progress of the Work remain satisfactory to them, there
will be no additional retainage on account of work completed, in winch case the
remaining progress payments prior to Substantial Completion will be in an amount
equal to 100 percent of the Work completed.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being
retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold,
in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions.
1 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.07.B & C of the General Conditions, OWNER shall pay the remainder of the
( Contract Price as recommended by ENGINEER as provided in said paragraphs 14.07 B & C.
1
1 City of Fayetteville Page 00500-4
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Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed in Article 7) and the other related data identified in the Bidding Documents
including "technical data."
6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local, and site conditions that may affect cost, progress, performance, or furnishing of the
Work.
6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the Work.
6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site which have been identified in
the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions.
CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary
Conditions of the extent of the "technical data" contained in such reports and drawings upon which
CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and
may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that
OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of
information and data shown or indicated in the Contract Documents with respect to Underground
Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or
assumes responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress,
performance, or furnishing of the Work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to the employed by CONTRACTOR and
safety precautions and programs incident thereto. CONTRACTOR does not consider that any
additional examinations, investigations, explorations, tests, studies, or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract Documents.
6.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the site that relates to the Work as indicated in the Contract Documents.
6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
City of Fayetteville Page 00500-5
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with the Contract Documents.
6 7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furmshing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 8, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D).
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 15, inclusive).
7.7. Specifications consisting of Divisions 1 through 16 as listed in table of contents
thereof.
7.8. Addenda numbers _ to _, inclusive.
7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1 through
6, inclusive with each sheet bearing the following general title:
Cleveland Avenue Sidewalk Construction
City of Fayetteville Page 00500-6
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7.10. The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto:
7.10.1. Notice to Proceed
7.10.2. All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.04 of the General
Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly
noted otherwise above).
There are no Contract Documents other than those listed above in this Article 7. The Contract Documents
may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions.
Article 8. MISCELLANEOUS.
8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have
the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
8.3. OWNER and CONTRACTOR each binds itself, it partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives
in respect to all covenants, agreements and obligations contained in the Contract Documents.
8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid
and binding upon stricken provision or part thereof with a valid and enforceable provision that comes
as close as possible expressing the intention of the stricken provision.
City of Fayetteville Page 00500-7
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it
1
f i- t 1..`c u�
IN WITNESS 'WHEREOF, OWNER'and CONTRACTOR have signed this Agreement in
quadruplicate. One counterparteach has been dehvered to OWNER and ENGINEER, and two counterparts ` 0
have.been delivered to CONTRACTOR. All portions of the Contract Documents have,been:signed,
initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf.
as ObL.-g4- & relnat t -
This Agreement will be effective on
• the Agreement).`-t�wherco: Prthcipal red Surety,bind 1:hems-cive , their
heirs, pe retrei-anta,,ives, successors and assigns, jointly and
'OWNER Y City of Fayetteville' -se presz t• .CONTRACTOR: APAC-Arkansas, Inc.,
rrxn .1>�.s n..v by written agreement dated McClinton -Anchor Division
entered •i•. n 9ortr=tct with the Owner for:
c' "
ALL
2000 (wiiichis the Effective Date of
prt,, $7t t.,ux CONSTRiiCTIO--
r.s By: i
whirr, c/°Mayor FredHannar�=er*-nce r:1:..d, a per: h€.xJamesA.Cole. L here i.ratter
referred Lc t.:: the Contract.
The condition of thin obligation is sur::th4esid'enirincipal
shall faithfully perform the Ccratract c-_ VYcePr
-. _ ---- --
indemnify and. save i.04:rmless the owner from al.)coTitle.nd damag=- which
he may suftet by reason cf failure so to do and rha'i tul'y rettturue
and repay the Owner ail outi,:y and expense which the Owner Tray incur
In T; axi nG uric :I .,.t. �' i `]tl" W'E' i _, , .. ^} fur- - - y'il^+
"i .'ip31
pay E..1.1 rtr2c'r.e <i f.1 1nriebze lnc ss for r:. t p.- . -3.*!-
t,srnl[CORPORATE SEAL] •c under Laid.ontrtct , (;.:[CORPORATE SEAL] vc xT rn
r. hall tr:-vc .i .;i,10'."Ct : ir'1'l:!' ^:i•^. P. ace -Wing t f F'7_r ^_ E..^.E'. 4.
--lbws a __tit I:: b ' = -• .
cricrity L F^ �.. c ..F. • a- -
•
-
ttAtteCst a.
71
A.0 a Fortson 22 4o; 'b
Address for giving notices ,.c
Owner after two yt a,i : tram
tilt Cantr- nt tails duc .
?any alt ,'(tier, ._.�-. ' 'ti Jt
t h,.._ lout t -o h^' d, n .
.or •_ ti^ . f:. r.
fcroe.-on t"c .4:rt
��}
c::-. A q,.1.L int it .-'
(lf OWNER is a publictody, attach
- evidence of authority to sign and _.
' (resolution or other documents r\
-'authorizing execution of Agreement.)
.ill {....L. J1V'..-
h'-
tt
u
bt.
•lC : . Ct. ,A est 72'
:Drought.
n 1 t _;r - c . :l Brough . in acro
and A. C.F .d
Cc.; -t ter. ' ?.St.. 5;13 (b)
_.A.� dress for giving notices u3,
toe date on whi&. t.htt final pcyr•
-lance with
tSupp.19671
by the
under
City of Fayetteville
•
- Lhe •.._r, - c r`.._ Co^tract, or.
try.: a aq h h:e C....1" n_ stn;,
- 7Fc r,:..lcc of r..nc. CL tr ct, or t. n-' Durr
r.1-00 CaT; r f'„' tt"ic. Pr:tS . ' •''C tic-
Tec Px..... •E.. .,zd
LicenseNo. `•001.1841299
tti-
• �.. y_ a .. i C Y.
w
Agent for service of process:
nt - - a
The Corporation Company
417 Spring Street
Little Rock, AR 72201
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
Page 00500-8
1
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AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the iC day of / in the year 2000 by and between
the City of Fayetteville, Arkansas (hereinafter called OWNER) and APAC-Arkansas, Inc.,
McClinton -Anchor Division (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows:
PROJECT - Cleveland Street Sidewalk Construction: removal & disposal of existing asphalt
curb, asphalt pavement, concrete curb & gutter, driveways, and sidewalk; and construction of
approximately 1500 LF of concrete curb & gutter and sidewalk with associated earthwork,
aggregate base, asphalt pavement, driveways, access ramps and all items indicated in the
Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
City of Fayetteville Engineering Dept.
113 W. Mountain
Fayetteville, Arkansas 72701
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties
and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents
in connection with completion of the Work in accordance with the Contract documents.
City of Fayetteville Page 00500-1
• •
Article 3. CONTRACT TIME.
3.1. The Work shall be substantially completed within 60 calendar days after the date when the
Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and
completed and ready for final payment in accordance with paragraphs 14.07.B & C of the General
Conditions within 90 calendar days after the date when the Contract Time commences to run
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence
of the Agreement and that OWNER will suffer financial loss if the Work is not completed within
the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance
with Article 12 of the General Conditions. They also recognize the delays, expense and
difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed
on time. Accordingly, instead of requiring any such proof, Owner and CONTRACTOR agree
that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER
Two hundred dollars ($200.00) for each day that expires after the time specified in paragraph
3.1 for Substantial Completion until the Work is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work
within the time specified in paragraph 3.1 for completion and readiness for final payment or any
proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two hundred
dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for completion
and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined from the
following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below:
4.1. for all Work other than Unit Price Work, an amount equal to the sum of the established lump
sums for each separately identified item of Lump Sum Work; and
4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each
separately identified item of Unit Price Work times the estimated quantity of that item as
indicated in this paragraph 4.2.
City of Fayetteville Page 00500-2
•
PAYMENT ITEMS
•
Item
No.
Item Description
Unit
Estimated
Quantity
Unit Price
Extended
Price
1
Mobilization
LS
1
$5,000.00
$5,000.00
2
Protective Fencing for Trees
LF
700
$5.00
$3,500.00
3
Maintenance of Traffic
LS
1
$7 500.00
$7,500.00
4
Site Preparation
LS
1
$15,000.00
$15,000.00
5
Removal
& Disposal
of Concrete
Driveways, Sidewalks
& Swale
SY
160
$5.00
$800.00
6
Removal
and
Disposal
of Asphalt
Curb &
Pavement
SY
600
$5.00
$3,000.00
7
Removal
and
Disposal
of
Concrete Curb &Gutter
LF
40
$5.00
$200.00
8
Compacted
Embankment
(Select
Hillside
Material)
CY
275
$15.00
$4,125.00
9
Aggregate
Base Course
TN
415
$20.00
$8,300.00
10
Portland
Cement Concrete
Base
CY
30
$175.00
$5,250.00
11
Concrete Curb
& Gutter
LF
1500
$8.75
$13,125.00
12
Concrete Sidewalk
(4")
SY
750
$24.00
$18,000.00
13
Concrete
Driveway (6")
SY
475
$30.00
$14,250.00
14
Concrete Access Ramp
(4")
SY
100
$30.00
$3,000.00
15
ACHM
Surface Course (Type
2)
TN
30
$65.00
$1,950.00
16
Imported
Top
Soil
CY
60
$25.00
$1,500.00
17
Seeding
&
Mulchmg
AC
0.3
$20,000.00
$6,000.00
18
Silt
Fence (Type
E 4)
LF
700
$4.50
$3,150.00
19
Straw Bale
EA
25
$15.00
$375.00
Total Base Bid Amount
$114,025.00
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER as provided in
paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B of the General Conditions.
City of Fayetteville
Page 00500-3
• •
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed
by ENGINEER as provided in the General Conditions
5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price
on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on
or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2
below and SC -14.02. All such payments will be measured by the schedule of values established
in paragraph 2.07 of the General Conditions and based on the number of units completed in the case
of Unit Price Work or, in the event there is no schedule of values, as provided in the General
Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below, but, in case, less the aggregate of payments previously
made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions.
90 percent of Work completed (with the balance of 10 percent being retainage), If
Work has been 50 percent completed as determined by the ENGINEER, and if the
character and progress of the Work have been satisfactory to OWNER and
ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as
long as the character and progress of the Work remain satisfactory to them, there
will be no additional retainage on account of work completed, in which case the
remaining progress payments prior to Substantial Completion will be in an amount
equal to 100 percent of the Work completed.
100 percent of materials and equipment not incorporated in the Work but delivered,
suitably stored, and accompanied by documentation satisfactory to OWNER as
provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if
any such items are setup for that type payment in the Specifications.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being
retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold,
in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions.
5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.07.B & C of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraphs 14.07.B & C.
City of Fayetteville Page 00500-4
• •
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed in Article 7) and the other related data identified in the Bidding Documents
including "technical data."
6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local, and site conditions that may affect cost, progress, performance, or furnishing of the
Work.
6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the Work.
6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site which have been identified in
the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions.
CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary
Conditions of the extent of the "technical data" contained in such reports and drawings upon which
CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and
may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that
OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of
information and data shown or indicated in the Contract Documents with respect to Underground
Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or
assumes responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress,
performance, or furnishing of the Work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to the employed by CONTRACTOR and
safety precautions and programs incident thereto. CONTRACTOR does not consider that any
additional examinations, investigations, explorations, tests, studies, or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract Documents.
6.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the site that relates to the Work as indicated in the Contract Documents.
6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
City of Fayetteville Page 00500-5
• •
with the Contract Documents.
6.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 8, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D).
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 15, inclusive).
7.7. Specifications consisting of Divisions 1 through 16 as listed in table of contents
thereof.
7.8. Addenda numbers _ to _, inclusive.
7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1 through
6, inclusive with each sheet bearing the following general title:
Cleveland Avenue Sidewalk Construction
City of Fayetteville Page 00500-6
• •
7.10. The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto:
7.10.1. Notice to Proceed
7.10.2. All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.04 of the General
Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly
noted otherwise above).
There are no Contract Documents other than those listed above in this Article 7. The Contract Documents
may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions.
Article 8. MISCELLANEOUS.
8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have
the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
8.3. OWNER and CONTRACTOR each binds itself, it partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives
in respect to all covenants, agreements and obligations contained in the Contract Documents.
8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid
and binding upon stricken provision or part thereof with a valid and enforceable provision that comes
as close as possible expressing the intention of the stricken provision.
City of Fayetteville Page 00500-7
• •
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
quadruplicate. One counterpart each has been delivered to OWNER and ENGINEER, and two counterparts
have been delivered to CONTRACTOR. All portions of the Contract Documents have been signed,
initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf.
This Agreement will be effective on , 2000 (which is the Effective Date of
the Agreement).
OWNER: City of Fayetteville
By:
474c1
Mayor Fred Hanna
[CORPORATE SEAL]
Attest
Address for giving notices
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
City of Fayetteville
CONTRACTOR: APAC-Arkansas, Inc.,
McClinton -Anchor Division
By: (JLa'Yuli 1 lCl�
James A. Cole
Vice President
Attest
Title
[CORPORATE SEAL]
f, 11
Address for giving notices
License No. 0011841299
Agent for service of process:
The Corporation Company
417 Spring Street
Little Rock, AR 72201
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
Page 00500-8
City of Fayetteville, Arkansas
Budget Adjustment Form
EXHIBIT B
Budget Year
2000
Department:
Division:
Program:
Public Works
Engineering
Sales Tax Capital
Date Requested
January 26, 2000
Adjustmen #
00-004 AIN?
Project or Item Requested:
$151,129 is requested to initiate the
Cleveland Street Sidewalk Capital Project.
Project or Item Deleted:
$151,129 from the Sidewalk
Improvements Capital Project.
Justification of this Increase:
The funding will be used for construction
and engineering costs associated with this
project.
Justification of this Decrease:
The project funding for this project
is for all sidewalk improvements.
This adjustment will move a portion
of the funds to a separate capital
project to better track the activity.
Increase Expense (Decrease Revenue)
Account Name Amount Account Number Project Number
Sidewalk Improvements
151,129 4470 9470
5814 00 99083 1
Decrease Expense (Increase Revenue)
Account Name Amount Account Number Project Number
Sidewalk Improvements
151,129 4470 9470
5814 00 96041 1
Approval Signatures
Requested By
anager
Department Director
Admin. ' - rvices Dirtor
a or
Date
i 2_ /Ztrio a
Date
Z -
/—Zcno
Date
Date
7, 7�o
Date
Budget Office Use Only
Type: A B C
E
Date of Approval 2, 6 -2 op 0
9 (V 1 J6 � 2 °a°
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Blue Copy: Budget & Research / Yellow Copy: Requester
CADATA\FORMSBA-ADI\RADJF385.WK4
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Project Manual'` IAirA
FAY ETTE\/1 L
CITY OF FAYETTEVILLE
Cleveland Avenue
Sidewalk Construction
BID # 2000- 12
FAYETTEVILLE, ARKANSAS
JANUARY 2000
8
H__
A8AA AS '
REBISY ;D
0.1:;, ! i
..
•0 a * .EH
No 9804
0/ 4/0/00
1