HomeMy WebLinkAbout188-07 RESOLUTION•
RESOLUTION NO. 188-07
•
A RESOLUTION APPROVING A CONSTRUCTION CONTRACT
WITH AMES CONSTRUCTION SOLUTIONS, LLC IN THE
AMOUNT OF $1,453,095.55 FOR IMPROVEMENTS TO ZION
ROAD FROM COLLEGE AVENUE TO VANTANGE DRIVE; AND
APPROVING A FIVE PERCENT (5%) PROJECT CONTINGENCY
IN THE AMOUNT OF $72,654.45.
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 approves a Construction Contract with Ames Construction Solutions,
LLC in the amount of $1,453,095.55 for improvements to Zion Road from College
Avenue to Vantage Drive. 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 Five Percent (5%) project contingency in the amount of
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FAYETTEVILLEC';
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By: By: huhu
SONDRA E SMITH, City Clerk/Treasurer
$72,654.45.
PASSED and APPROVED this 6th day of November, 2007
APPROVED:
1
ATTEST:
AN COODY, Mayor
i
•
•
DOCUMENT 00500 — AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: ZION ROAD IMPROVEMENTS -COLLEGE AVENUE TO VANTAGE
DRIVE
Contract No.:
THIS AGREEMENT is dated as of thelD TN day of &nuEm `1!? r in the year 20p7by and
between The City of Fayetteville, Arkansas and Ames Construction Solutions, LLC (hereinafter
called Contractor).
ARTICLE 1- WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract
Documents. The work under this Contract includes, but is not limited to:
Widening and reconstruction of approximately 2300 LF of Zion Road, from College
Avenue to Vantage Drive, including approximately 12,000 SY of Asphalt Concrete Hot
Mix, 14,000 SY of 6" aggregate base, 4,800 LF of Curb and Gutter, 3,100 SY of
concrete sidewalk, 1,600 LF of 18-36" Reinforced Concrete Pipe, 2,400 LF of 12" PVC
water line, 1,200 LF of 8" PVC sewer line, and miscellaneous related items.
ARTICLE 2 - ENGINEER
2.01 The Project has been designed by the City of Fayetteville, Engineering Division, who
is hereinafter called Engineer. The Engineer assumes all duties and responsibilities,
and has 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
3.01 TIME OF THE ESSENCE:
A. All time limits for milestones, if any, Substantial Completion, and
completion and readiness for final payment as stated in the Contract
Documents are of the essence of the Contract.
City of Fayetteville
Zion Road Improvements
00500 - 1
Project No. 06035.1820
DOCUMENT 00500 — AGREEMENT (continued)
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A. The Work will be Substantially Completed within 330 calendar days after the
date when the Contract Times commence to run as provided in the
GENERAL CONDITIONS, and completed and ready for final payment in
accordance with the GENERAL CONDITIONS within 360 calendar days
after the date when the Contract Times commence to run.
3.03 LIQUIDATED DAMAGES:
A. Owner and Contractor recognize that time is of the essence of this
Agreement and that The City of Fayetteville will suffer financial loss if the
Work is not completed within the time specified above, plus any extensions
thereof allowed in accordance with the GENERAL CONDITIONS. The
parties also recognize the delays, expense, and difficulties involved in
proving the actual loss suffered by The City of Fayetteville if the Work is not
Substantially Completed on time. Accordingly, instead of requiring any such
proof, The City of Fayetteville and Contractor agree that as liquidated
damages for delay (but not as a penalty) Contractor shall pay The City of
Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day
that expires after the time specified above in Paragraph 3.02 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 3.02 for completion
and readiness for final payment or any proper extension thereof granted by
The City of Fayetteville, Contractor shall pay The City of Fayetteville Seven
Hundred Fifty Dollars ($750.00) for each calendar day that expires after the
time specified for completion and readiness for final payment.
ARTICLE 4 - CONTRACT PRICE
•
4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR 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 (BID FORM) which is hereto
00500 - 2 Project No. 06035.1820
City of Fayetteville
Zion Road Improvements
DOCUMENT 00500 — AGREEMENT (continued)
attached, for the actual amount accomplished under each pay item, said payments to
be made in lawful money of the United States at the time and in the manner set forth
in the Specifications.
4:02 As provided in the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made'by ENGINEER
as provided in the General Conditions. Unit prices have been computed as provided
in the General Conditions.
ARTICLE 5 - PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A. Contractor shall submit Applications for Payment in accordance with the
GENERAL CONDITIONS. Applications for Payment will be processed by
Engineer as provided in the GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS, RETAINAGE:
The City of Fayetteville 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 15th day of each month during
construction. All such payments will be measured by the schedule of values
established in the GENERAL CONDITIONS (and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements.
City of Fayetteville
Zion Road Improvements
Prior to Substantial Completion, progress payments will be made in
an amount equal to the percentage indicated below, but, in each case,
less the aggregate of payments previously made and less such
amounts as Engineer shall determine, or The City of Fayetteville
may withhold, in accordance with the GENERAL CONDITIONS.
00500 - 3 Project No. 06035.1820
DOCUMENT 00500 — AGREEMENT (continued)
a. 90% of Work Completed (with the balance being retainage). If
Work has been 50% completed as determined by Engineer, and
if the character and progress of the Work have been satisfactory
to The City of Fayetteville and Engineer, The City of
Fayetteville on recommendation of Engineer, may determine that
as long as the character and progress of the Work subsequently
remain satisfactory to them, there will be no additional retainage
on account of Work subsequently completed, in which case the
remaining progress payments prior to Substantial Completion
will be an amount equal to 100% of the Work Completed less the
aggregate of payments previously made; and
b. 100% of Equipment and Materials not incorporated in the Work
but delivered, suitably stored, and accompanied by
documentation satisfactory to The City of Fayetteville as
provided in the GENERAL CONDITIONS.
2. Upon Substantial Completion, The City of Fayetteville shall pay an
amount sufficient to increase total payments to Contractor to 95% of
the Contract Price (with the balance being retainage), less such
amounts as Engineer shall determine, or The City of Fayetteville
may withhold, in accordance with the GENERAL CONDITIONS.
5.03 FINAL PAYMENT:
A. Upon final completion and acceptance of the Work in accordance with the
GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder
of the Contract Price as recommended by Engineer and as provided in the
GENERAL CONDITIONS.
City of Fayetteville
Zion Road Improvements
00500 - 4 Project No. 06035.1820
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor
makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents
including the Addenda and other related data identified in the Bid
Documents.
B. 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, and furnishing of the Work.
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.
D. Contractor has carefully studied all:
(1)
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; and
(2) reports and drawings of a Hazardous Environmental Condition, if
any, at the Site. Contractor acknowledges that The City of
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.
E. Contractor has obtained and carefully studied (or assumes responsibility of
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, and furnishing of
00500 - 5 Project No. 06035.1820
City of Fayetteville
Zion Road Improvements
DOCUMENT 00500 — AGREEMENT (continued)
the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Contractor and
safety precautions and programs incident thereto.
F. Contractor does not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the
performing 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.
G. Contractor is aware of the general nature of work to be performed by The
City of Fayetteville and others at the Site that relates to the Work as indicated
in the Contract Documents.
H. Contractor has correlated the information known to Contractor, infonnation
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.
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.
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
7.01 CONTENTS:
The Contract Documents which comprise the entire Agreement between The
City of Fayetteville and Contractor concerning the Work consist of the
City of Fayetteville
Zion Road Improvements
00500 - 6 Project No. 06035.1820
r•
DOCUMENT 00500 — AGREEMENT (continued)
following and may only be amended, modified, or supplemented as provided
in the GENERAL CONDITIONS:
1. This Agreement.
2. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
b. Contractor's Bid.
c. Documentation submitted by Contractor prior to Notice of
Award.
3. Performance, Payment, and other Bonds.
4. General Conditions.
5. Supplementary Conditions.
Specifications consisting of divisions and sections as listed in table
of contents of Project Manual.
7. Drawings consisting of a cover sheet and sheets as listed in the table
of contents thereof, with each sheet bearing the following general
title:
ZION ROAD IMPROVEMENTS
8. Addendum number one (1).
9. The following which may be delivered or issued after the Effective
Date of the Agreement and are not attached hereto: All Written
Amendments and other documents amending, modifying, or
supplementing the Contract Documents pursuant to the GENERAL
CONDITIONS.
City of Fayetteville
Zion Road Improvements
00500 - 7 Project No. 06035.1820
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 8- MISCELLANEOUS
8.01 TERMS:
A. Terms used in this Agreement which are defined in the GENERAL
CONDITIONS shall have the meanings stated in the GENERAL
CONDITIONS.
8.02 ASSIGNMENT OF CONTRACT:
A. 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.
8.03 SUCCESSORS AND ASSIGNS:
A. The City of Fayetteville and Contractor each binds himself, his 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.
8.04 SEVERABILITY:
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 The City of
Fayetteville and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
00500 - 8 Project No. 06035.1820
City of Fayetteville
Zion Road Improvements
DOCUMENT 00500 — AGREEMENT (continued)
OTHER PROVISIONS: Not Applicable.
IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement
in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two
counterparts each has been delivered to The City of Fayetteville. All portions of the Contract
Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or
identified by Engineer on their behalf.
This Agreement will be effective on
Effective Date of the Agreement.
Netiembw (n
, 20 of which is the
AMES CONSTRUCTION SOLUTIONS, LLC_ CITY OF FAYETTEVILLE
By: T ti. Ww 4r 4 o/
Title: P thA4cer;-3 i a..nie -
Attes
(SEAL)
City of Fayetteville
Zion Road Improvements
Attest
j IInnp'z
=U•
;FAYETTEVILLE•
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00500- 9 Project No. 06035.1820
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
Or
Contracts
11/6/2007
City Council Meeting Date
Engineering
Division
Action Required:
ees
/i/‘/a7
I n
raft rorl
5a CLtht ns Par
Operations
Department
A resolution to award a contract to Ames Construction Solutions, LLC, in the amount of $1,453,095.55 for
construction of improvements to Zion Road, from College Avenue to Vantage Drive and approve a project
contingency of 5% of the Construction bid.
1,525,750.00
Cost of this request
4520.9520.5809.00
Account Number
06035.1820
Project Number
24,496,473.00
Category / Project Budget
Zion Road (College to Vantage)
Program Category / Project Name
2,082,457.43 Street Improvements
Funds Used to Date Program / Project Category Name
22,414,015.57 2006A Sales Tax Construction
Remaining Balance Fund Name
Budgeted Item X Budget Adjustment Attached
Previous Ordinance or Resolution #
Department Director Date Original Contract Date:
Original Contract Number:
City Attorney
Date
Finance and Internal Service Director Date
Mayor
Date
Received in City Clerk's Office
Received in Mayor's Office
Comments:
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
11/6/2007
City Council Meeting Date
Engineering
Division
Action Required:
Operations
Department
A resolution to award a contract to in the amount of $ for construction of improvements to
Zion Road, from College Avenue to Vantage Drive and approve a project contingency of 5% of the Construction bid.
Cost of this request
4520.9520.5809.00
Account Number
06035.1820
24,496,473.00
Category / Project Budget
2,082,457.43
Funds Used to Date
$ 22,414,015.57
Project Number Remaining Balance
Budgeted Item
X
Budget Adjustment Attached
Zion Road (College to Vantage)
Program Category / Project Name
Street Improvements
Program / Project Category Name
2006A Sales Tax Construction
Fund Name
Department irector
10% lo't • Cl
Date
OD%w ro/22(d„
City Attorne t Date
PoLLAcu
Finance and Internal Service Director
Mayor
Comments:
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
Received in Mayor's Office
ta
ayeL•-e•v1 le
ARKANSAS
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City of Fayetteville
Engineering Division
113 West Mountain'
Fayetteville, AR 72701
ph: 479-575-8206
fax: 479-575-8202
Date: October 30, 2007
To: Fayetteville City Council
Thru: Dan Coody, Mayor
Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer
Subject: A resolution to award a contract to Ames Construction Solutions, LLC in
the amount of $1,453,095.55 for construction of improvements to Zion Road, from
College Avenue to Vantage Drive and approve a project contingency of 5% of the
Construction bid.
RECOMMENDATION:
Staff recommends approval of a construction contract with Ames Construction Solutions,
LLC in the amount of $1,453,095.55 for construction of improvements to Zion Road,
from College Avenue to Vantage Drive, and approval of a project contingency of 5% of
the construction amount.
BACKGROUND:
The Zion Road Project is one of the projects to be constructed under the Transportation
Bond Program. The project consists of widening approximately 2400 feet of Zion Road
to 3 lanes from College Avenue to just east of Vantage Drive, installation of an
underground storm drainage system, and construction of 6 foot sidewalks on both sides of
the roadway, as approved by the City Council and Street Committee. Relocation of
existing water and sewer lines will also be completed as part of the project. The street
and drainage designs as well as water and sewer plans have been prepared by the
Engineering Division.
DISCUSSION:
Bids for this project were received on October 29th. 11 bids were received, ranging from
$1.45 million to $2.1 million. The low bidder was Ames Construction Solutions, Inc. of
Springdale at $1,453,095.55. This bid is approximately 30% below the certified funding.
The bid has been reviewed and has been determined to be acceptable; therefore, approval
of the bid is recommended.
In addition, a contingency fund equaling 5% of the amount bid (72,654.45) is
recommended. Therefore, the total recommended construction funding is $1,525,750.00.
BUDGET IMPACT:
This construction contract will be funded with a portion of the 2006 Transportation Bond
Issue proceeds. $2,540,000 has been budgeted for the Zion Road Improvements Project.
RESOLUTION NO.
A RESOLUTION APPROVING A CONSTRUCTION CONTRACT
WITH AMES CONSTRUCTION SOLUTIONS, LLC IN THE
AMOUNT OF $1,453,095.55 FOR IMPROVEMENTS TO ZION
ROAD FROM COLLEGE AVENUE TO VANTANGE DRIVE; AND
APPROVING A FIVE PERCENT (5%) PROJECT CONTINGENCY
IN THE AMOUNT OF $72,654.45.
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 approves a Construction Contract with Ames Construction Solutions,
LLC in the amount of $1,453,095.55 for improvements to Zion Road from College
Avenue to Vantage Drive. 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 Five Percent (5%) project contingency in the amount of
$72,654.45.
PASSED and APPROVED this 6th day of November, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
•
Wttv!llee.
City of Fayetteville
Engineering Division
113 West Mountain
Fayetteville, AR 72701
ph: 479-575-8206
fax: 479-575-8202
Date: October 18, 2007
To: Fayetteville City Council
Thru: Dan Coody, Mayor
Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer gg
Subject: A resolution to award a contract to in the amount of
$ for construction of improvements to Zion Road; from College Avenue to
Vantage Drive and approve a project contingency of 5% of the Construction bid.
RECOMMENDATION:
Staff recommends approval of a construction contract with in the amount
of for construction of improvements to Zion Road, from College Avenue
to Vantage Drive, and approval of a project contingency of 5% of the construction bids..
BACKGROUND:
The Zion Road Project is one of the projects to be constructed under the Transportation
Bond Program. The project consists of widening approximately 2400 feet of Zion Road
to 3 lanes from College Avenue to just east of Vantage Drive, installation of an
underground storm drainage system, and construction of 6 foot sidewalks on both sides of
the roadway, as approved by the City Council and Street Committee. Relocation of
existing water and sewer lines will also be completed as part of the project. The street
and drainage designs as well as water and sewer plans have been prepared by the
Engineering Division.
DISCUSSION:
Bids will be received on October 29`11; a summary of the bids will be provided after the
bids are received. The Engineer's Estimate of the construction cost is approximately $2
million.
BUDGET IMPACT:
This construction contract will be funded with a portion of the 2006 Transportation Bond
Issue proceeds. $2,540,000 has been budgeted for the Zion Road Improvements Project.
RESOLUTION NO.
A RESOLUTION APPROVING A CONSTRUCTION CONTRACT
WITH xxxxxxxxxxxxxxxx IN THE AMOUNT OF $xxxxxxx.xx FOR
IMPROVEMENTS TO ZION ROAD FROM COLLEGE AVENUE
TO VANTANGE DRIVE; AND APPROVING A FIVE PERCENT
(5%) PROJECT CONTINGENCY IN THE AMOUNT OF $xxxxx.xx.
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 approves a Construction Contract with xxxxxxxxxxxxxxxx in the amount
of $xxxxxxx.xx for improvements to Zion Road from College Avenue to
Vantange Drive. 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 Five Percent (5%) project contingency in the amount of
$xxxxx.xx.
PASSED and APPROVED this 6th day of November, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
DOCUMENT 00500 — AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: ZION ROAD IMPROVEMENTS -COLLEGE AVENUE TO VANTAGE
DRIVE
Contract No.:
THIS AGREEMENT is dated as of the
day of in the year 20_ by and
between The City of Fayetteville, Arkansas and .(hereinafter called Contractor).
ARTICLE 1 - WORK
1.01 Contractor shall compete all Work as specified or indicated in the Contract
Documents. The work under this Contract includes, but is not limited to:
Widening and reconstruction of approximately 2300 LF of Zion Road, from College
Avenue to Vantage Drive, including approximately 12,000 SY of Asphalt Concrete Hot
Mix, 14,000 SY of 6" aggregate base, 4,800 LF of Curb and Gutter, 3,100 SY of
concrete sidewalk, 1,600 LF of 18-36" Reinforced Concrete Pipe, 2,400 LF of 12" PVC
water line, 1,200 LF of 8" PVC sewer line, and miscellaneous related items.
ARTICLE 2 - ENGINEER
2.01 The Project has been designed by the City of Fayetteville, Engineering Division,who
is hereinafter called Engineer. The Engineer assumes all duties and responsibilities,
and has 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
3.01 TIME OF THE ESSENCE:
A. All time limits for milestones, if any, Substantial Completion, and
completion and readiness for final payment as stated in the Contract
Documents are of the essence of the Contract.
City of Fayetteville
Zion Road Improvements
00500 - 1 Project No. 06035.1820
DOCUMENT 00500 — AGREEMENT (continued)
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
The Work will be Substantially Completed within 330 calendar days after the
date when the Contract Times commence to run as provided in the
GENERAL CONDITIONS, and completed and ready for final payment in
accordance with the GENERAL CONDITIONS within 360 calendar days
•
after the date when the Contract Times commence to run.
3.03 LIQUIDATED DAMAGES:
Owner and Contractor recognize that time is of the essence of this
Agreement and that The City of Fayetteville will suffer financial Toss if the
Work is not completed within the time specified above, plus any extensions
thereof allowed in accordance with the GENERAL CONDITIONS. The
parties also recognize the delays, expense, and difficulties involved in
proving the actual loss suffered by The City of Fayetteville if the Work is not
Substantially Completed on time. Accordingly, instead of requiring any such
proof, The City of Fayetteville and Contractor agree that as liquidated
damages for delay (but not as a penalty) Contractor shall pay The City of
Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day
that expires after the time specified above in Paragraph 3.02 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 102 for completion
and readiness for final payment or any proper extension thereof granted by
The City of Fayetteville, Contractor shall pay The City of Fayetteville Seven
Hundred Fifty Dollars ($750.00) for each calendar day that expires after the
time specified for completion and readiness for final payment.
ARTICLE 4 - CONTRACT PRICE
4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR 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 (BID FORM) which is hereto
City of Fayetteville
Zion Road Improvements
•
00500 - 2 Project No. 06035.1820
DOCUMENT 00500 — AGREEMENT (continued)
attached, for the actual amount accomplished under each pay item, said payments to
be made in lawful money of the United States at the time and in the manner set forth
in the Specifications.
•
4.02 As provided in the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER
as provided in the General Conditions. Unit prices have been computed as provided
in the General Conditions.
ARTICLE 5 - PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
Contractor shall submit Applications for Payment in accordance with the
GENERAL CONDITIONS. Applications for Payment will be processed by
Engineer as provided in the GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS, RETAINAGE:
The City of Fayetteville 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 15th day of each month during
construction. All such payments will be measured by the schedule of values
established in the GENERAL CONDITIONS (and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements.
City of Fayetteville
Zion Road Improvements
Prior to Substantial Completion, progress payments will be made in
an amount equal to the percentage indicated below, but, in each case,
less the aggregate of payments previously made and less such
amounts as Engineer shall determine, or The City of Fayetteville
may withhold, in accordance with the GENERAL CONDITIONS.
00500 - 3 Project No. 06035.1820
DOCUMENT 00500 — AGREEMENT (continued)
•
a. 90% of Work Completed (with the balance being retainage). If
Work has been 50% completed as determined by Engineer, and
if the character and progress of the Work have been satisfactory
to The City of Fayetteville and Engineer, The City of
Fayetteville on recommendation of Engineer, may determine that
as long as the character and progress of the Work subsequently
remain satisfactory to them, there will be no additional retainage
on account of Work subsequently completed, in which case the
remaining progress payments prior to Substantial Completion
will be an amount equal to 100% of the Work Completed less the
aggregate of payments previously made, and
b. 100% of Equipment and Materials not incorporated in the Work
but delivered, suitably stored, and accompanied by
documentation satisfactory to The City of Fayetteville as
provided in the GENERAL CONDITIONS.
2. Upon Substantial Completion, The City of Fayetteville shall pay an
amount sufficient to increase total payments to Contractor to 95% of
the Contract Price (with the balance being retainage), less such
amounts as Engineer shall determine, or The City of Fayetteville
may withhold, in accordance with the GENERAL CONDITIONS.
5.03 FINAL PAYMENT:
A. Upon final completion and acceptance of the Work in accordance with the
GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder
of the Contract Price as recommended by Engineer and as provided in the
GENERAL CONDITIONS.
City of Fayetteville
Zion Road Improvements
00500 - 4 Project No. 06035.1820
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
6.01 in order to induce The City of Fayetteville to enter into this Agreement, Contractor
makes the following representations:
Contractor has examined and carefully studied the Contract Documents
including the Addenda and other related data identified in the Bid
Documents.
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, and furnishing of the Work.
C. 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.
Contractor has carefully studied all:
(1) 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; and
(2) reports and drawings of a Hazardous Environmental Condition, if
any, at the Site. Contractor acknowledges that The City of
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.
Contractor has obtained and carefully studied (or assumes responsibility of
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, and furnishing of
00500 - 5 Project No. 06035.1820
City of Fayetteville
Zion Road Improvements
DOCUMENT 00500 - AGREEMENT (continued)
the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Contractor and
safety precautions and programs incident thereto.
F. Contractor does not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the
performing and furnishing of the Work at the Contract Price, within the
Contract Times, and in accordance with the other tenns and conditions of the
Contract Documents.
Contractor is aware of the general nature of work to be performed by The
City of Fayetteville and others at the Site that relates to the Work as indicated
in the Contract Documents.
H. 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 with the Contract
Documents.
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.
J. 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
7.01 CONTENTS:
The Contract Documents which comprise the entire Agreement between The
City of Fayetteville and Contractor concerning the Work consist of the
City of Fayetteville
Zion Road Improvements
00500 - 6 Project No. 06035.1820
DOCUMENT 00500 — AGREEMENT (continued)
following and may only be amended, modified, or supplemented as provided
in the GENERAL CONDITIONS:
This Agreement.
2. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
b. Contractor's Bid.
c. Documentation submitted by Contractor prior to Notice of
Award.
3. Performance, Payment, and other Bonds.
4. General Conditions.
5. Supplementary Conditions.
6. Specifications consisting of divisions and sections as listed in table
of contents of Project Manual.
City of Fayetteville
Zion Road Improvements
Drawings consisting of a cover sheet and sheets as listed in the table
of contents thereof, with each sheet bearing the following general
title:
ZION ROAD IMPROVEMENTS
Addenda numbers one (I) to ( ), inclusive.
The following which may be delivered or issued after the Effective
Date of the Agreement and are not attached hereto: All Written
Amendments and other documents amending, modifying, or
supplementing the Contract Documents pursuant to the GENERAL
CONDITIONS.
00500 - 7 Project No. 06035.1820
DOCUMENT 00500 — AGREEMENT (continued)
ARTICLE 8 - MISCELLANEOUS
8.01 TERMS:
A. Terms used in this Agreement which are defined in the GENERAL
CONDITIONS shall have the meanings stated in the GENERAL
CONDITIONS.
8.02 ASSIGNMENT OF CONTRACT:
A. 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 assigmnent, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract
Documents.
8.03 SUCCESSORS AND ASSIGNS:
A. The City of Fayetteville and Contractor each binds himself, his 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.
8.04 SEVERABILITY:
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 The City of
Fayetteville and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
00500 - 8 Project No. 06035.1820
City of Fayetteville
Zion Road Improvements
DOCUMENT 00500 — AGREEMENT (continued)
OTHER PROVISIONS: Not Applicable.
IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement
in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two
counterparts each has been delivered to The City of Fayetteville. All portions of the Contract
Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or
identified by Engineer on their behalf.
This Agreement will be effective on , 20_, which is the
Effective Date of the Agreement.
CONTRACTOR CITY OF FAYETTEVILLE
By: By:
Title: Title:
(SEAL) (SEAL)
Attest Attest
Address for giving notices Address for giving notices
City of Fayetteville
Zion Road Improvements
00500 - 9 Project No. 06035.1820
DOCUMENT 00500 — AGREEMENT (continued)
License No.
Agent for Service of process
Of Contractor is a corporation,
attach evidence of authority to
sign.)
END OF DOCUMENT 00500
City of Fayetteville
Zion Road Improvements
(attach evidence of authority to
sign and resolution or other documents
authorizing execution of Agreement)
Approved As to Form:
By:
Attomey For:
00500 - 10 Project No. 06035.1820
Fochtman Enterprises, Inc.
Decco Contractors -Paving
Mobley Contractors, Inc.
Lindsey Contracting, LLC
Tomlinson Asphalt Company
Ames Construction Solutions
Engineer's Estimate
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