HomeMy WebLinkAbout144-03 RESOLUTION• City or Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2003
Department:
Division:
Program:
Community Planning & Engineering
Engineering
Water & Sewer Fund Projects
Date Requested
10/7/2003
Adjustment Number
Project or Item Requested:
$53,394 is requested in the Gregg Avenue Water Line
Relocation capital project.
Project or Item Deleted:
Funding from the Water & Sewer Cost Sharing capital
projects that has remaining funds.
Justification of this Increase:
The funding is needed to cover the construction .
contingency cost of the project.
ustification of this Decrease:
There is sufficient funds remaining to finish 2003
objectives.
Account Name
Water line improvements
Account Name
Water line improvements
Increase Budget (Decrease Revenue)
Account Number
5400 5600
5808 00
Decrease Budget (Increase Revenue)
Account Number
5400 5600
5808 00
Amount
Project Number
53,394 02129 1
Amount
Project Numbcr
53,394 02067
Approval Signatures
R.,».ted
Budget Manager
Department Director
F. enc—Services Director
s
/O
ate
Date
`7`—/7— o3
Date
9-23-03
Date
Mayor
Date
Budget Office Use Only
Type. A B
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
C
Initial
Initial
Initial
E
Date
Date
Date
Initial Date
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
Resolution No. 144-03
Document
1
10.7.03
Res. w/agreement & budget adjustment
2
9.23.03
Staff Review w/attachments
draft resolution
memo to mayor
Garver Eng Itr to Libertini
copy of bids
draft agreement
NOTES:
ST, REVIEW FORM - FINANCIAL OBLIG•ON
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of:
October 7, 2003
g6s
/6/7/03
ivy -a3
Joss/ad ilkolV
Cay/irathrs l
FROM:
Paul LibertiniF/
Name
Engineering
Division
Comm. Planning & Engineering Svcs.
Department
ACTION REQUIRED: Award a construction contract to Crossland Heavy Contractors, Inc. in the amount of
$693,662.00 and approve $80,000.00 for project contingency for Bid No. 03-31, Gregg Avenue Waterline
Improvements - Phase I. Also, approve the attached Budget Adjustment in the amount of $53,394.00.
COST TO CITY:
$773,662.00 $
Cost of this request
834,113.00
Category/Project Budget
5400.5600.5808.00 $
Account Number
93,845.00
Funds Used to Date
02129.20 $
Project Number
740,268.00
Remaining Balance
Gregg Ave. Waterline Relocation
Program Category / Project Name
Water & Sewer Improvements
Program / Project Category Name
Water & Sewer
Fund Name
BUDGET REVIEW:
X Budgeted Item
udget Manager
Date
X Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
Ac ounting Manager
City Attor
9/17/
Date In ernal
y
Date
9117103
Date
Purchasing Manager
Date
STAFF RECOMMENDATION: Approval of the action items listed above.
9 en -O-2 Received in Mayor's Office
Date
Division Head
Department Director
finance & Internal Services Dir.
Date
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
Date
Yes X
No
• Staff Review Form - Page 2 •
Description Gregg Ave. Waterline Relocation
Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
Meeting Date: October 7, 2003
Reference Comments:
• •
RESOLUTION NO.
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
IN THE AMOUNT OF SIX HUNDRED NINETY-THREE
THOUSAND SIX HUNDRED SIXTY-TWO DOLLARS ($693,662.00)
TO CROSSLAND HEAVY CONTRACTORS, INC. FOR GREGG
AVENUE WATERLINE IMPROVEMENTS - PHASE 1;
APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF
EIGHTY THOUSAND DOLLARS ($80,000.00); AND APPROVING
A BUDGET ADJUSTMENT IN THE AMOUNT OF FIFTY-THREE
THOUSAND THREE HUNDRED NINETY-FOUR DOLLARS
($53,394.00) FOR SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
hereby awards a construction contract in the amount of Six Hundred Ninety -
Three Thousand Six Hundred Sixty -Two Dollars ($693,662.00) to Crossland
Heavy Contractors, Inc. for Gregg Avenue Waterline Improvements - Phase I. A
copy of the contract, marked Exhibit "A" is attached hereto and made a part
hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a Project Contingency in the amount of Eighty Thousand
Dollars ($80,000.00) for same.
Section 2. That the City Council of the City of Fayette I Ahereby approves a budget adjustment in the amoun of flirckinsas,
Three Hundred Ninety -Four Dollars ($53,394.00) for sa
E
PASSED and APPROVED this 7th day of r 2003. i
1.
ROVED:
ATI}
By:
SOO NDRASMITH, City Clerk
By:. _J
'`DAN COODY, Mayor
FAYETTEV?LLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
Date: September 16, 2003
To: Mayor Dan Coody
•
Thru: Hugh Earnest, Chief Administrative Officer
Tim Conklin, Director, Community Planning & Engineering Services tC.
Gary Coover, City Engineer$
From: Paul Libertini, Staff Enginee
Re: Gregg Ave. Waterline Improvements, Phase 1
Award of Construction Contract to Crossland Heavy Contractors, Inc.
Background:
This construction project is in the approved Five Year Capital Improvements Program 2002 - 2006.
On September 17, 2002, City Council approved a phased design contract with Garver Engineers to
relocate and upgrade existing waterlines along Gregg Avenue. The Phase I design has now been
completed and was advertised for bids on Friday, August 8t and Friday, August 15th•
This project will install approximately 2,300' of 18", 1,600' of 12" and 1,000' of 8" PVC waterline.
This includes boring and installing approximately 400' of 12" PVC waterline under the William
Fulbright Expressway in the general area of Target and Olive Garden across to the Millsap Road area
which is currently deficient in water main looping. These waterlines are being installed in
conjunction with the AHTD Gregg Avenue Widening project which is scheduled to have a bid
opening in October.
This project supports Guiding Principle #2 - "Well -Maintained City Infrastructure and Facilities".
Current Status:
On Friday, August 29th at 2:00 pm, official bids were received from 5 contractors. Crossland Heavy
Contractors, Inc. was the low bidder. A full bid tabulation sheet is attached which was prepared by
Garver Engineers.
• •
Mayor Coody, September 16, 2003
Page 2 - Gregg Ave. Waterline Improvements
Recommendations:
Staff recommends that the City Council award the construction contract to the low kidder, Crossland
Heavy Contractors, Inc., in the amount of $693,662.00 and approve S80,000.00 for project
contingency. Also, approve a Budget Adjustment in the amount of $53,394.00 to cover the above
estimated costs and $20,000 for in-house construction management services.
Funding:
The construction project funding has been previously budgeted from the Water & Sewer Fund. The
additional funding of $53,394 required for the budget amendment will come from the Water & Sewer
Cost Sharing budget.
PDUpd1
Attachments: Construction Contract (Agreement)
Bid Tabulations by Garver Engineers
•
Garver Englneers, LLC
3810 Front Street. Suite 10
Fayetteville. Arkansas 72703
479-527-9100
FAX 479-527-9101
WWW. garverergineers. corn
September 2, 2003
Mr. Paul Libertini, P.E.
City of Fayetteville Engineering Department
113 W. Mountain Street
Fayetteville, AR 72703
Re: Gregg Avenue Water System Improvements — Phase I
Evaluation of Bids
Garver Project No. 0296-3600
Dear Paul:
•
GARVERI ENGINEERS
o momnIa�
SEP - 2 2003
M9 2). 14A -
Five bids were received for the City of Fayetteville's Gregg Avenue Water System Improvements —
Phase 1 on Friday, August 29, 2003, at 2:00 P.M. The bids have been checked for accuracy. A
tabulation of the bids is enclosed with this letter, with the summary amount for each bid shown below.
Contractor
Crossland Heavy Construction
Garrey Companies, Inc.
Goodwin & Goodwin
Mobley Contractors
Seven Valleys Construction Co.
Garver Engineers' Estimate
Bid
S 693,662.00
$ 783,800.00
$ 788,765.00
$ 839,672 38
$ 841,680.00
S 842,342.50
We are currently evaluating the apparent low bid of Crossland Heavy Construction prior to
recommending that the City accept this bid. Specifically, we have requested verification that they
have the capability to perform this work within the allotted contract time in conjunction with their
other construction project with the City of Fayetteville, Work Order No.1 of the Accelerated Waterline
Replacement Program, and that they have performed projects of a similar nature in the recent past.
We will supply you with this information once we receive it from Crosland Heavy Construction so
that the City can evaluate the information and award the construction contract to the most qualified
responsive low bidder. If you have any questions, please contact us at your convenience.
Respectfully submitted,
GARVERn�ENGINEERS{�
l P
Chris Parton P E
Project Engineer
Cc: Greg Boettcher — Water & Wastewater Director
Dave Jurgcns — Water & Wastewater Maintenance Director
Gary Coover — City Engineer
Peggy Vice — Purchasing Agent
Fayetteville. AR • Huntsville. AL • Jackson. MS • Little Rock. AR • Nashville. TN • Topeka. KS • Tulsa. OK
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7
TION FOR BIDS RECEIVED Ov ALGIIST I\ 2003.111P.M.
,
•
Section 00500
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
c 71 Ste 6 -
THIS AGREEMENT is dated as of the 7th day of October in the year 2003 by and between the City
of Fayetteville, Arkansas (hereinafter called FAYETTEVILLE) and Crossland Heavy Contractors, Inc.
(hereinafter called CROSSLAND).
FAYETTEVILLE and CROSSLAND, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
CROSSLAND shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Gregg Avenue Waterline Improvements — Phase I
Installation of 18", 12", and 8" PVC water mains along Grcgg Avenue from Futrall Drive
north to near the Mud Creek Bridge on Gregg Avenue, along with steel encasement pipes,
taps of various sizes , ductile iron water fittings, water valves, water service lines, water
meters, connections to existing water lines and services, and pavement repairs as necessary.
Article 2. ENGINEER
The Project has been designed by:
Garver Engineers, LLC
3810 Front Street, Suite 10
Fayetteville, AR 72703
who is hereinafter called ENGINEER and who is to act as FAYETTEVILLE'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.
Article 3. CONTRACT TIME.
3.1. The Work shall be substantially completed within 90 consecutive 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 120 consecutive calendar days after the date when the Contract
Time commences to run.
Gregg Avenue Waterline Phase I
00500 (1) Garver No. 0296-3600
• •
If delays in utility relocations by others impede Crossland's progress for major Contract items
and/or items critical to the prosecution of the work within the Contract Time, the Contract Time
will be temporarily suspended or adjusted by the City as appropriate. During such periods, the
Contractor will be allowed to work on minor Contract items, as approved by the City, without
spending Contract Time.
3.2. Liquidated Damages. FAYETTEVILLE and CROSSLAND recognize that time is of the
essence of the Agreement and that FAYETTEVILLE will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any 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 FAYETTEVILLE if the Work is not
completed on time. Accordingly, instead of requiring any such proof, FAYETTEVILLE and
CROSSLAND agree that as liquidated damages for delay (but not as a penalty) CROSSLAND shall
pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that expires after the time
specified in paragraph 3.1 for substantial completion if CROSSLAND 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 FAYETTEVILLE,
CROSSLAND shall pay FAYETTEVILLE Five Hundred dollars (5500.00) for each day that
expires after the time specified in paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
FAYETTEVILLE agrees to pay, and CROSSLAND agrees to accept, as full and final compensation for all
work done under this agreement, the amount based on the prices bid in the Proposal which is hereto
attached, for the actual amount accomplished under each pay item, said payments to be made in lawful
money of the United Statcs at the time and in the manner set forth in the Specifications.
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.
/ Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without
a prior formal contract amendment approved by the Mayor and the City Council in advance of the change
in scope, cost or fees
Article 5. PAYMENT PROCEDURES
5.1. Progress Payments. FAYETTEVILLE shall make periodic progress payments on the basis of
Work completed as provided in paragraph 14.02 of the General Conditions and SC -14.02 of the
Supplementary Conditions. Prior to Final Completion, progress payments will be made in an
amount equal to the value of completed Work, plus the value of stored materials, less retainage, less
the aggregate of payments previously made, and less such amounts as FAYETTEVILLE may
withhold, in accordance with paragraphs 14.02.6.5 & 14.02.D of the General Conditions:
Retainage: FAYETTEVILLE will retain ten percent of the value of completed Work until
such time as 50 percent of the Work has been completed. If 50 percent of the Work has
Gregg Avenue Waterline Phase 1
00500 (2) Garver No. 0296-3600
• •
been completed, as determined by ENGINEER, and if the character and progress of the
Work have been satisfactory to FAYETTEVILLE, retainage will be fixed at five percent of
the Contract Price. FAYETTEVILLE reserves the right to reinstate retainage at ten percent
if the character and progress of the Work become unsatisfactory to FAYETTEVILLE.
Stored Materials: FAYETTEVILLE will pay 100 percent of the value of materials and
equipment not incorporated in the Work but delivered, suitably stored, insured, and
accompanied by documentation satisfactory to FAYETTEVILLE as provided in paragraphs
14.02.B.5 & 14.02.D of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.06 and 14.07.B & C of the General Conditions, FAYETTEVILLE shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said paragraphs
I4.07.B & C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce FAYETTEVILLE to enter into this Agreement CROSSLAND makes the following
representations:
6.1. CROSSLAND 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. CROSSLAND has visited the site and become familiar with and is satisfied as to thc general,
local, and site conditions that may affect cost, progress, performance, or furnishing of the Work.
6.3. CROSSLAND 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. CROSSLAND has carefully studied all rcports 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 thc site which have been identified in
the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions.
CROSSLAND 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
CROSSLAND is entitled to rely as provided in paragraph 4.02 of the General Conditions.
CROSSLAND acknowledges that such reports and drawings are not Contract Documents and may
not be complete for CROSSLAND's purposes. CROSSLAND acknowledges that
FAYETTEVILLE 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. CROSSLAND 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
Gregg Avenue Waterline Phase 1
00500 (3) Garver No. 0296-3600
• •
furnishing of the Work or which relate to any aspcct of the means, methods, techniques, sequences,
and procedures of construction to the employed by CROSSLAND and safety precautions and
programs incident thereto. CROSSLAND docs 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. CROSSLAND is aware of the general nature of work to be performed by FAYETTEVILLE
and others at the site that relates to the Work as indicated in the Contract Documents.
6.6. CROSSLAND has correlated the information known to CROSSLAND, 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
with the Contract Documents.
6.7. CROSSLAND has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CROSSLAND has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CROSSLAND 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 FAYETTEVILLE and
CROSSLAND concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 6, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by CROSSLAND 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 Sections as listed in Table of Contents herein.
7.8. Addendum number 1 .
7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1
through 17, inclusive with each sheet bearing the following general title:
Gregg Avenue Water System Improvements Phase I
Gregg Avenue Waterline Phasc 1
00500 (4) Garver No. 0296-3600
•
•
• •
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
notcd 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. FAYETTEVILLE and CROSSLAND each binds itself, its 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.
8.5. Freedom of Information Act. City contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the (contractor) will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. §25-19-10I et. seq.). Only legally authorized photocopying
costs pursuant to the FOIA may be assessed for this compliance.
Gregg Avenue Waterline Phase 1
00500 (5)
Garver No. 0296-3600
•SEP -16-2003 TUE 09: 56 AM CH Co Iambus
09/15/2003 16:55 479-6202 ENGI
FAX NO. 162.92977 P. 07
t antFGa C.O.
FADE 07
IN WITNESS WHEREOF, FAYETtEV1LIZ and CROSSLAND have signed this Agrement in four
(4) cotmterparts. One comnenpatt each has been delivered to FAYEITEVILLE and BNOINE t, and two
counterpart have been delivered to CROSSLAND. All portions of the Contract Documents have been
signed, initiated, or identified by FAYEITEVILLE and CROSSLAND or identified by ENGINEER on
their behalf
This Agreement will be effective on.
OWNER: CitY of FayettevEle
>
2003 (which is the Effective Date of the Agreement).
CONTRACTOR Crossland Heavy Contactors, hie.
BY:
Dan Goody, Mayor 7aPre((dent
[CORPORATE SEAL]
Attest
Address for giving notices.
113 • West Mountain
Favettevi flc.AR_72701
(If OWNER is a public body, attach
evidence of authasity to sign and
resolution or other documents
authorizing execution of Agreement)
Gregg Avenue Waterline Phase I
[CORPORATE SEAL)
Attest
tests‘ • Carp �"c- •
Address for giving notices:
fb Feet 360
53$ SE Ave
(alureus KS
License No. oOtom3CIIO3
Agent for service of process:
(If CONTRACTOR is a corporation, snack
evidence of authority to sign)
00500 (6) Oarver No. 0296-3600
Section 00500
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
eimenwes-Aiee a/
ewe-0"/gas
THIS AGREEMENT is dated as of the 7th day of October in the year 2003 by and between the City
of Fayetteville, Arkansas (hereinafter called FAYETTEVILLE) and Crossland Heavy Contractors, Inc.
(hereinafter called CROSSLAND).
FAYETTEVILLE and CROSSLAND, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
CROSSLAND shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Gregg Avenue Waterline Improvements — Phase I
Installation of 18", 12", and 8" PVC water mains along Gregg Avenue from Futrall Drive
north to near the Mud Creek Bridge on Gregg Avenue, along with steel encasement pipes,
taps of various sizes , ductile iron water fittings, water valves, water service lines, water
meters, connections to existing water lines and services, and pavement repairs as necessary.
Article 2. ENGINEER
The Project has been designed by:
Garver Engineers, LLC
3810 Front Street, Suite 10
Fayetteville, AR 72703
who is hereinafter called ENGINEER and who is to act as FAYETTEVILLE'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.
Article 3. CONTRACT TIME.
3.1. The Work shall be substantially completed within 90 consecutive 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 120 consecutive calendar days after the date when the Contract
Time commences to run.
Gregg Avenue Waterline Phase 1
00500 (I) Garver No. 0296-3600
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If delays in utility relocations by others impede Crossland's progress for major Contract items
and/or items critical to the prosecution of the work within the Contract Time, the Contract Time
will be temporarily suspended or adjusted by the City as appropriate. During such periods, the
Contractor will be allowed to work on minor Contract items, as approved by the City, without
spending Contract Time.
3.2. Liquidated Damages. FAYETTEVILLE and CROSSLAND recognize that time is of the
essence of the Agreement and that FAYETTEVILLE will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed m
accordance with Article 12 of the General Conditions. They also recognize the delays, expense and
difficulties involved in proving the actual loss suffered by FAYETTEVILLE if the Work is not
completed on time. Accordingly, instead of requiring any such proof, FAYETTEVILLE and
CROSSLAND agree that as liquidated damages for delay (but not as a penalty) CROSSLAND shall
pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that expires after the time
specified in paragraph 3.1 for substantial completion if CROSSLAND 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 FAYETTEVILLE,
CROSSLAND shall pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that
expires after the time specified in paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
FAYETTEVILLE agrees to pay, and CROSSLAND agrees to accept, as full and final compensation for all
work done under this agreement, the amount based on the prices bid in the Proposal which is hereto
attached, for the actual amount accomplished under each pay item, said payments to be made m lawful
money of the United States at the time and in the manner set forth in the Specifications.
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.
Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without
a prior formal contract amendment approved by the Mayor and the City Council in advance of the change
in scope, cost or fees.
Article 5. PAYMENT PROCEDURES
5.1. Progress Payments. FAYETTEVILLE shall make periodic progress payments on the basis of
Work completed as provided in paragraph 14.02 of the General Conditions and SC -14.02 of the
Supplementary Conditions. Prior to Final Completion, progress payments will be made in an
amount equal to the value of completed Work, plus the value of stored materials, less retainage, less
the aggregate of payments previously made, and less such amounts as FAYETTEVILLE may
withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions:
Retainage: FAYETTEVILLE will retain ten percent of the value of completed Work until
such time as 50 percent of the Work has been completed. If 50 percent of the Work has
Gregg Avenue Waterline Phase I 00500 (2) Garver No. 0296-3600
•
been completed, as determined by ENGINEER, and if the character and progress of the
Work have been satisfactory to FAYETTEVILLE, retainage will be fixed at five percent of
the Contract Price. FAYETTEVILLE reserves the right to reinstate retainage at ten percent
if the character and progress of the Work become unsatisfactory to FAYETTEVILLE.
Stored Materials: FAYETTEVILLE will pay 100 percent of the value of materials and
equipment not incorporated in the Work but delivered, suitably stored, insured, and
accompanied by documentation satisfactory to FAYETTEVILLE as provided in paragraphs
14.02.13.5 & 14.02.D of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.06 and I4.07.B & C of the General Conditions, FAYETTEVILLE shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said paragraphs
14.07.B & C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce FAYETTEVILLE to enter into this Agreement CROSSLAND makes the following
representations:
6.1. CROSSLAND 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. CROSSLAND 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. CROSSLAND 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. CROSSLAND 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.
CROSSLAND 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
CROSSLAND is entitled to rely as provided in paragraph 4.02 of the General Conditions.
CROSSLAND acknowledges that such reports and drawings are not Contract Documents and may
not be complete for CROSSLAND's purposes. CROSSLAND acknowledges that
FAYETTEVILLE 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. CROSSLAND 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
Gregg Avenue Waterline Phase I
00500 (3) Garver No. 0296-3600
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furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences,
and procedures of construction to the employed by CROSSLAND and safety precautions and
programs incident thereto. CROSSLAND 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. CROSSLAND is aware of the general nature of work to be performed by FAYETTEVILLE
and others at the site that relates to the Work as indicated in the Contract Documents.
6.6. CROSSLAND has correlated the information known to CROSSLAND, 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
with the Contract Documents.
6 7. CROSSLAND has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CROSSLAND has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CROSSLAND 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 FAYETTEVILLE and
CROSSLAND concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 6, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by CROSSLAND 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 Sections as listed in Table of Contents herein.
7.8. Addendum number 1
7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1
through 17, inclusive with each sheet bearing the following general title:
Gregg Avenue Water System Improvements Phase I
Gregg Avenue Waterline Phase I 00500 (4) Garver No. 0296-3600