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HomeMy WebLinkAboutOrdinance 3813 ORDINANCE NO. 3 R 13_ AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR CONSTRUCTION OF THE LEWIS STREET SOCCER COMPLEX - FIELDS #1 AND #2 AND AWARDING THE CONSTRUCTION CONTRACT TO APAC-ARKANSAS, INC ./MCCLINTON-ANCHOR DIVISION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . The City Council hereby waives the requirements of competitive bidding for the contruction of the Lewis Street Soccer Complex - Fields #1 and #2 for the reason that said requirements are not feasible or practical as no bids were received when the project was advertised for bid. To readvertise would not give a contractor the opportunity to establish the required turf in 1994. Section 2. That the City Council hereby authorizes the Mayor and City Clerk to execute a contract in the amount of $59,300.00 with APAC-Arkansas, Inc./McClinton-Anchor Division for the Lewis Street Soccer Complex - Fields #1 and #2. A copy of the Contract is attached hereto as Exhibit "A" . PASSED AND APPROVED this 19th day of July 1994. APPROVED: By : Fred Hanna, Mayor ATTEST:: By : , /u 6y (2 Sherry Thomas, City Clerk STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of July 19 , 1994 FROM : Sid Norbash Engineering Public Works Name Division Department ACTION REQUIRED : Award of the Construction Contract to APAC-Arkansas , Inc . /MCClinton-Anchor Division in the amount of $ 59 , 300 . 00 , for the construction of Lewis Street Soccer Complex - Fields # 1 and # 2 . COST TO CITY : $ 62 , 265 . 00 577 , 800 Lewis St . Soccer Complex Cost of this Request Category/ Project Budget Category/ Project Name 4470 - 9470 - 5806 . 00 $ 12 , 413 . . _ Misc . Park Impvts . Account Number Funds Used To Date Program Name 94 - 019 $ 65 , 38' Sales Tax Capital Impvts . Project Number Remaining Balance Fund BUDGET REVIEW : X Budgeted Item Budget Adjustment Attached - . Budget Coordinator Administrative Services Director CONTRACT/ GRANT/LEASE REVIEW : GRANTING AGENCY : Accunti g Mfayr "F r inat Date Ci y tto ney Date Int e, al Auditor Date 7 ' x • `14 Purcha!�ing Officer Date STAFF RECOMMENDATION : Approval of the : ( 1 ) Bid Waiver ( 2 ) Award of contract for $ 59 , 300 . 00 ( 3 ) Contingency amount of $ 21965 . 00 ( 58 ) Div ' ' on ead Date Cross Reference -n New Item : Y2B No Department Director Date Prev Ord/Res # : Administrative Services Director Date orig Contract Date : Mayor Date EAITTTEVI LLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To : Fayetteville City Council Thru : Fred Hanna , Mayor Kevin Crosson , Public Wor1�s�Dir or Don Bunn , City Engineer From : Sid Norbash , Staff Engineer 4�Av Date : July 7 , 1994 Re : Lewis Street Soccer Complex Fields # 1 and #2 ( Contract ) The above referenced project is a CIP budgeted project for Parks and Recreation Department in 1994 , The project was advertised for bid and the bid opening was set for June 15 , 1994 , Six prospective bidders obtained plans and specifications . on the bid opening day no bids were received , Contractors were contacted , and all expressed the concern over their work load as being the factor for not submitting any bids . The Staff contacted those contractors that had shown some level of interest , and requested official bids . Two contractors submitted bids at this time and the bids are as follows : McClinton - Anchor lump sum $ 59 , 300 . 00 Mobley Construction Co . lump sum $ 136 , 406 . 00 The scope of this project is to grade the fields and establish turf this year , Due to the bidding climate it was not feasible to re- advertise this project , as any further delays might not give the contractor the opportunity to grow grass and establish the required turf in 1994 , Because the project was not officially bid in the newspaper the second time , the Council is hereby requested to approve : ( 1 ) The related bid waver ordinance ( 2 ) Award of the contract to the low bidder McClinton - Anchor in the amount of $ 59 , 300 , 00 . ( 3 ) Contingency amount of $ 2 , 965 , 00 five per cent ( 5 $ ) for this contract . SN/ sn Attachment : 1 Pro posed So cce r IFt' e loAs 00 TRILT �Z J R XY DR Z I s - -- - - A WELL OR J ' UN ERSIT > > i 0� a ANS / MAW TY Z Z WMENDJUX ST IRE T > <o © < M F a CARTER ST. ig - o + 3T MEETg _ Co 3CE 06RT � Y JaMEa ST. � i a 3T. a W W v r or or s D DR . - ow . mw e%* dd A DRIVE00 \Q i > ( pvt ) �� ; 4 I - -T [WWEpt, terry 1 , t � City Engineer 's Office City Of Fayetteville , Arkansas Detailed Specifications Lewis Street Soccer Complex Fields # 1 and # 2 May 1994 City Administration Building 113 W . Mountain Street 72701 ,i V INDEX ADVERTISEMENT FOR BIDS BID BOND PROPOSAL ARKANSAS PERFORMANCE AND PAYMENT BOND CONTRACT AGREEMENT INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS OF THE SPECIFICATIONS DETAILED SPECIFICATIONS PART I CONTRACT STIPULATIONS DETAILED SPECIFICATIONS PART II CONSTRUCTION SPECIFICATIONS DETAILED SPECIFICATIONS PART III MATERIALS 4b City of Fayetteville Advertisement for Bid # 94 - 37 Notice is hereby given that the City of Fayetteville , hereinafter called the owner , will receive sealed bids at the Purchasing Office , City Administration Building room 306 , 113 W . Mountain St . , Fayetteville , Arkansas 72701 , until 2 : 00 p . m . , local time , on the 5th day of July . 1994 , for the furnishing of all tools , equipment , labor , and materials , and performing the necessary work to be done to complete the construction of Lewis Street Soccer Complex - Fields # 1 and #2 . - Grading & Top soil . The scope of this project is construction of two regulation size soccer fields ( 210 ' x330 ' ) , which includes , the necessary grading work , placing the top soil , the mixing of the sand , and establishing the drainage ditches per specifications . The location of the work is set out in the plans and specifications on file at the office of the city Engineer , Fayetteville , Arkansas . Said plans can be inspected or obtained without any fees , but must be returned by unsuccessful bidders . Each bid must be accompanied by a surety bond in the amount equal to five percent ( 5 % ) of the whole bid , said bond to be issued by a surety company licensed to do business in the State of Arkansas , said bond to be retained as liquidated damages in case successful bidder fails , neglects or refuses to enter into the contract for the construction of said works , and furnish the necessary bonds within ten ( 10 ) days from and after the date the award is made . The owner reserves the right to reject any or all bids , and to waive any informalities deemed to be in its best interest . The attention of all bidders is called to the fact that if this contract exceeds $ 20 , 000 they must be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature , as amended . Peggy Bates - Purchasing Manager BID BOND KNOW ALL MEN BY THESE PRESENTS , that we , the undersigned , as Principal , and as Surety , are hereby held and firmly bound unto as owner in the penal sum of for the payment of which , well and truly to be made , we hereby jointly and severally bind ourselves , our heirs , executors , administrators , successors and assigns . Signed this day of 19 The condition of the above obligation is such that whereas the Principal has submitted to a certain bid , attached hereto and hereby made a part hereof to enter into a contract in writing , for the NOW THEREFOR , ( a) If said Bid shall be rejected , or in the alternate . (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto ( properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract , and for the payment of all persons performing labor or furnishing materials in connection therewith , and shall in all other respects perform the agreement created by the acceptance of said Bid . then this obligation shall be void , otherwise the same shall remain in force and effect ; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall , in no event , exceed the penal amount of the obligation as herein stated . The Surety , for value received , hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid ; and said Surety does hereby waive notice of any such extension . 2 IN WITNESS WHEREOF , the Principal and the Surety have hereunto set their hands and seals , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers , the day and year first set forth above . Principal Surety SEAL BY : 3 PROPOSAL Place /G Date APAC-Arkansas, Inc. McClinton-Anchor Div. Larpolaetion* osal of organized and existing under the laws of the State of tivQlR_ and qualified to do business in the State of Arkansas ; a Partnership * consisting of an Individual * trading as TO THE CITY OF FAYETTEVILLE , ARKANSAS : The bidder in compliance with your invitation for bids for the construction Of Lewis Str et Soccercomplex /Field No . 1 and No . 2 having examined the Plans and Specifications with related documents and the site of the proposed work , and being familiar with all the conditions surrounding the work , including the availability of materials and labor , hereby proposes to furnish all labor , material , and supplies required to be furnished , and to construct the project in accordance with the Contract Documents , and at the prices stated below . These prices are to cover all expenses incurred in performing the work required under the Contract Documents , Of which this proposal is a part . Bidder hereby agrees to commence work under this contract on a date to be specified in a written "Work Order_ A the Engineer , and to fully complete the project within b 30 consecutive calendar days . Bidder acknowledges ,receipt of the following addenda : * Fill out applicable blank 4 BID SCHEDULE for LEWIS STREET SOCCER COMPLEX FIELDS # 1 & # 2 Item Description Unit Price * * 1 Field # 1 complete ( ) p grading , Lump Sum . $ / �� ,� compaction , top soil , f- y��vf"' ' mixing of sand . additional -- �L. layer of top soil , and all Dollars ( words )Gt pQ 6111 other necessary work �'st including drainage ditches . ( 2 ) Field #2 complete grading , Lump Sum $ compaction , top soil , mixing of sand , addition G ,L`_ c= sG -- - -- d layer of top soil , and all Dollars ( words ) ✓ other necessary work , including drainage ditches . TOTAL $ g 3 Ba Dollars (words ) ** Unit Prices to be shown in words and figures . In case of discrepancy amount shown in words will govern . The unit prices shall include all labor , materials , bailing , shoring , overhead , profit , insurance , etc . , to cover the finished work of the several kinds called for . Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding . The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty ( 60 ) calendar days after the scheduled closing time for receiving bids . Upon receipt of written notice of the acceptance of this bid , bidder will execute the formal contract attached within ten ( 10 ) days and deliver the Surety Bond or Bonds as required by Paragraph 8 of the General Conditions . The bid security attached in the sum of 1 % is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth , as liquidated damages for the delay and additional expense to the Owner caused thereby . Respectfully Submitted : BY eomtoo 1A 46 . McClinton-Anchor Div. SEAL - if bid is by a corporation P.O. BOX 1367 FAYETTEVILLI AR 72702 .Onl ,2sZrst1iA ":i . .vlfl zaiianA naim! r°.' cast X08.0.9 sUST RA ,3JJ!V UMVI; ARKANSAS PERFORMANCE AND PAYMENT BOND (14-604 Arkansas Statutes) KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) (3) of hereinafter called "Principal" and State of fter called the "Surety", are held and firmly bound unto (4) , hereinafter called "Owner" in the penal sum of dollars ($) in lawful money of the United States, for the payment of which sum well and truly to be made, said principals and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of , 19 , a copy of which is attached and made a part hereof for the construction of: NOW, THEREOFRE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agree- ment of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing material for or performing labor in the prosecution of the work provided for in such contract, any any authorized extension or modification thereof, all amounts due for, but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivisions thereof which shall have arisen on account of, or in connection with, the wages earned by workmen covered by the bond; and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. 7 NOTE: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (2) A Corporation, a Partnership, or an individual, as case may be (3) Correct name of Surety (4) Correct name of Owner (5) If Contractor is Partnership, all partners shall execute bond (6) This bond must be filed with the Circuit Court of the County where the work is to be performed, prior to the start of const- ruction (7) Must be executed by Arkansas Local Resident Agency for Surety 01 Bond ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND Given in compliance with Act 351 of 1953, amended. KNOW ALL BY THESE PRESENTS, That we, APAC-ARKANSAS, INC., MCCLINTON-ANCHOR DIVISION as Principal, hereinafter called Principal, and INSURANCE COMPANY OF NORTH AMERICA , a PENNSYLVANIA Corporation, as Surety, hereinafter called Surety, are held and firmly bound unto as Umrgee, nereinarter cauea owner, in me amount or r I r I Y N I Pit I NUU5ANU I I1Ktt MUNUIII AND NO/100---------------------------------------- Dollars 59,300 for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors jointly and severally, firmly by these presents. PRINCIPAL HAS, by written agreement dated entered into a contract with Owner for LEWIS STREET SOCCER COMPLEX, FIELD #1 & #2 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said contract failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. NO SUIT, ACTION OR PROCEEDING SHALL BE BROUGHT on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. ANY ALTERATIONS WHICH MAY BE MADE in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. IN NO EVENT SHALL the aggregate liability of the Surety exceed the sum set out herein. Executed on this day of , 19 APAC-ARKANSAS, INC., MCLINTON-ANCHOR DIVISION Principal 4 41 By L.o(o . (Judy Fra ks Attorney-in-t'act SG-8201EP 8/90 PRINTED IN U.S.A. unrtnur dTTQRNEY' Knowatl the said contracts end of errtitings in (t)•.That the Presido ',undenakings. rat ' 9le'eoai of the c .. '. .;(seaea arappo •(2) !My Such writing (3)' ' 'Theslgnature of •, granted pussuan • •, cergficate beadn (1) : , Such otherr Offic \.. ,\ ... ,� 2. (5) Me passage of this Resttution ci does hereby, nominateconstitute City of Little` Rock, -s Insurapce Company of North America a CGNA conpczly 7537 se Presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth ae,in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution adopted by the Board of ter 5. 1983, to wit: 3.18 arc,5.1,of the By-aws.>the'ioowing, Rules shall govern the execution for the Company of bonds, undenakingc. recognizances, ant anv V ce Prasidenbanv Assistant Vice'Presfdeni or anv AeOnevin-Faa. may execute for and an beh r of the Comoanv any and all bonds.. t the Ru1es shelf be as binding upon the Comp ' Companylo Casa as though signed by the President and attested to by the Corporate Secretary. e Pretlenl, or a Nce President, or any Assistant Vie President and the seal of. the Company may be affixed by fatsinale on any power of attorney gnature of a carhfying OMcar and the seal of the Company may be aMxed by facsimile to any certificate of any such power. end any such power or'. d seat shall be valid and binding on Me Company ♦ .. arneyslrvFaa shall Have authority 'to cerUly or vMry capiav ollh,a ResolaUori;.ina By-laws of the Comparty.and any:afda 4t or record of the to any earlier authority granted by Remdeonsof the Board of Directors adopted on Ju• ne 9.1953, May 281975 and March 23,1977.' N. "VA l fit 'DONALD R.\\HENDERSON, JUDY,FRANKS,,,and CINDY WADLEY, all of the of Arkansas----------------------------------------` its,true andiawful agent and attorney-m:fact, to make, execute, seal and deliver far and on its behalf, and as its act and deed any and all Bonds and;Undertakings1 LIMITED in amounts, TWENTY FIVE MILLION ($25,000,000.) on behalf of APAC-Arkansas; Inc. and APAC-Mississippi, Inc., and APAC-Tennessee. Said Bonds.and'Undertakingi to 'be signed for the Company and the Seal of the Company affixed thereto by any one of the said Donald R. Henderson, Judy Franks, and Cindy Wadley, indivtduallv. - And the execution of such writings in pursuance of these presents shall be as binding upon -said Company, -as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said R. E Giveans, Vice -President. has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this " _ 25th day of - January 199 INSURANCE COMPANY OF NORTH AMERICA H H: .. COMMONWEALTH OF PENNSYLVANIA . ^ e • " ♦ - • ♦, - R. E. GIVEANS. vice President COUNTY OF PHILADELPHIA SSCj'- % , % ``' - �•, , On this,? 2 5 rh ,•": day of January:. ; A,D w-_94' ,-before the subscriber, a; Notary Public of the Commonweal Vice -President of who executed the that he is the offic and the satAcun .- '' n. 7a'at a written. ' OP (�FAfdj2�'SYI�V.f • I,.th€rNr rs7,QQn..,e 5 which the foregatiS¢IKl13Yi^ \. c ;.In witness w,reof THIS POWER OF^AL BS-33364bPtdxin-U.S.A.-,y. in avid A6r the County ant, and he'acknowledged th aforesaid; and that the seal signature,were duly affixed) ie-persorially. knowncto be the,indvidual,and officers4 cution of the same,'and, being by me duly sworn, del :d tothe:preceding instrument, is the corporate seal c bsaibed to the sadd;irtstnanent by, the authonty ant clans. f' aid Compan 'referred•to in, the precedii affixed m official seal at the;City of Philadelphi t a 'in, and d saith, erection of the instrument, is 'day and. year ' /,p CERTIFICATE OF INSURANCE T.?!S 1CTIF�1 i c IS ISSUED AS A MAT CR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTiFiCATE HOLDER. THIS CERTIFICATE DOES NCT AMEND. EXTEND CR ALTER THE COVERAGE AFFCRCED BY THE POLICIES LISTED NAME AND ADDRESS OF AGENCY COMPANY COMPANIES AFFORDING COVERAC-ES United Service Agency, Inc. L-` Post Office Box 11765 A INSURANCE COMPANY OF NORTH AMERICA Lexington, Kentucky 40577 B C NAME AND ADDRESS OF INSURED D APAC-ARKANSAS, INC. E MCCLINTON-ANCHOR DIVISION F 240 NORTH BLOCK G P. 0. BOX 1367 H FAYETTEVILLE, AR 72702 This is to certify that policies of insurance listed below have been issued to the instead named above and era in force at this time POLICY Limits of Liability in Thousands 10001 LETTER :OMpANY1 TYPE CF INSURANCE POLICY NUMBER I EXPIRATION I EACHI POLICY DATE OCCURRENC=. AC-CREGATE GENERAL LIABILITY A © CCMPRE'E.SNE FORM LAB 26607 12/01/95 PERSONAL INJURY S $ ❑X PREMISES-OPERAONS TI INCLUDING BODILY INJURY EXPLOSION AND COLLAPSE PROPERTY DAMAGE HAZARD UNDERGROUND HAZARD PROOUCS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE PERSONAL INJURY, BROAD FORM PROPERTY BODILY INJURY AND $ 1,000 S 1,000 DAMAGE PROPERTY DAMAGE INDEPENDENT CONTRACTORS COMBINED MYI PERSONAL INJURY A ® LAB 26607 12/01/95 (EACH PERJUN COMPREHENSrvE FORK BODILY INJURY OWNED I (EACH OCCURENCE) 11�I HIRED PROPERTY DAMAGE IAI NON -OWNED I BODILY INJURY ANC rnurcnl T vmm�Mc 1,000 COMBINED EXCESS LIABILITY UMBRELLA FORM ❑ OTHER THAN UMBRELLA FORM BODILY INJURY AND $ PROPERTY DAMAGE COMBINED QUALIFIED SELF INSURERS STATUTORY wofgar COMPENSATION SEE ATTACHED 05/01/95 EMPLOYERS' LIABILITY 19000 RACH ACCIDENT) $ $ G LEWIS STREET SOCCER COMPLEX, FIELD #1 & #2 EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY AND ADDRESS OF CERTIFICATE HOLOEk DATE ISSUED: CITY OF FAYETTEVILLE CITY ADMINISTRATION BUILDING 113 W MOUNTAIN STREET FAYETTEVILLE, AR 72701 AUTHORIZED SIGNATURE £mm A -s sio Ierttft.cate of kutlnzttg as a rr' ,*elf lusurer under ply Arkansas Workers' Compensation Law jpc 7rr,}. . RENEWABLE ANNUALLY APAC-ARXANSAS, INC. A Corporation having furnished this Cominlssion a current financial statement of its condition, from which it appears that unencumbered assets were on that date. sufficient to meet re- quirements of the Law relative to qualifying as a self -insurer for workers' compensation purposes, and having otherwise qualified for such privilege under the Arkansas Workers' Compensation Law, is hereby authorized to act as a self -insurer within the State for the year ending on the 1st day of May 19 9 5 subject to the provisions and requirements of said Law. �31n 3itness Whereof we. the undersigned Commissioners of the Arkansas Workers' Compensation • Commission., have hereunto set our hands and affixed the Commission seal his 29th day of — April •19_1'L 0 CONTRACT ACREEME'NT 1. THIS CONTRACT AND AGZEEPiENT, made and entered into this day of , 19_, by and between the City of Fayetteville, Arkansas, Party of the First Part, acting through it's duly authorized representative, and APAC.- Arkansas, Inc. McClinton -Anchor Division P.O. Box 1367 Fayetteville, AR 72702 Party of the Second Part: WITNESSEf'H: That for and in consideration of the payments to be made as hereinafter set forth, the Party of the Second Part hereby agrees to furnish all tools, labor, equipment, materials, and supplies required to the furnished and to construct the improvements designated as • Lewis Street Soccer Complex Fields #1 & #2 A lump sum contract in the amount of $59,300.00 for the City of Fayetteville, Arkansas, in exact accordance with the Plans on file at the Office of the City Engineer, and Specifications, Proposals, Stipulations, and Special Provisions attached hereto and made a part hereof as fully as though copied herein, under the direction of and to the entire satisfaction of the Party of the First Part and in accordance with the lass of the State of Arkansas. 2. It is further agreed and understood by and between the parties hereunto that the Party of the First Part agrees to pay and the Party of the Second Part agrees to accept as full and final compensation for all work done under this agreement, the Unit Prices and/or Lump Sum Price named in the Proposal which is hereto attached, such payment to be made in lawful money of the United States, at the time and in the manner set forth in the Specifications. 3. The Party of the Second Part agrees, for the consideration above expressed, to begin and complete the work within the time specified in the Proposal. Time is expressly made of the essence of this Contract. If the Party of the Second Part shall fail to complete the work in the time specified he shall pay to the Party of the First Part, as liquidated damages, ascertained and agreed, and not in the nature of a i penalty, the amount specified in the Proposal for each day delayed, for each Schedule delayed, which shall be deducted from the final amount to be paid under the Contract. Extensions of time may be granted with waiver of liquidated damages as provided for in the Specifications. 4. The Party of the Second Part agrees to furnish a Bond, with an approved Surety thereon, guaranteeing the performance of this Contract, as required by the laws of the State of Arkansas, and for not less than one hundred (100) percent of the amount of this Contract. Said Bond shall be conditioned on full and complete performance of this Contract and acceptance by the City of Fayetteville for the payment of all labor and materials entering into or incident to the proposed improvements and shall guarantee the work against faulty workmanship or materials for a period of one (1) year after completion. The Surety on said Bond shall be a Surety Company of financial resources satisfactory to the Party of the First Part, and authorized to do business in the State of Arkansas. 5. The Party of the second Part agrees also to carry Public Liability Insurance, Property Damage Insurance, and Workman's Compensation Insurance in amounts as required by these Specifications. WITNESS OUR HANDS THIS 19,E DAY OF Attest b City Clerk Corporate Seal (if any) OF • ..1 u. all /.,, I 1597' ?*N. 8lock Sf., /qrtWrLth , f9Q Business Address 7z woz INSTRUCTIONS TO BIDDERS 1. QUALIFICATIONS OF CONTRACTORS: Before submitting a bid, bidders must be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas General Assembly, and the successful bidder must be legally qualified in all respects to do business in the State of Arkansas. When called upon to do so after receipt of Proposals, bidder shall prepare a Financial Statement, Experience Record, and Equipment Schedule. These statements shall reflect the current status of the bidder. The statements of each bidder, must show net liquid assets or credit facilities in an amount of not less than fifteen (15) percent of the total amount bid. Each bidder must ha e had at least three (3) year's experience in construction of similar improvements and must have successfully completed at least three (3) such projects. Each bidder must have equipment available which, in the opinion of the Engineer, is adequate to complete the work under these Specifications in the time allowed for completion. Should any bids be received from bidders whose statement, when filed, fail to show that the bidder's qualifications meet the minimum requirements above -enumerated, such bids may be rejected. 2. LOCAL CONDITIONS: Bidders shall read the specifications, examine the Plans, and make their own estimates of the existing facilities and the difficulties which will attend the execution of the work called for by the proposed Contract, including local conditions, uncertainty of weather, and all other contingencies. Bidders shall satisfy themselves by personal examination of the location of the proposed work, and by such means as they may choose, as to actual conditions and requirements. Information derived from the Plans and Specifications or from the Engineer or his assistants shall not relieve the bidder of this responsibility. 3. PROPOSAL, GUARANTEES: Proposals must be accompanied by either a certified or cashier's check, drawn on a National Bank or a bank having membership in the Federal ..Reserve System, or a Bid Bond executed by a satisfactory Surety. The proposal guarantee shall be in an amount not less than five (5) percent of the bid and made payable to the Contracting Authority to whom the Proposal is made. A lesser amount will not be accepted. The proposal guarantee, or other bid qualifications, shall be sealed in a separate envelope firmly attached to the outside of the sealed Proposal. The outer envelope shall be opened first, and if the documents are not found to be in order, the sealed Proposal shall be returned to the bidder unopened. The amount of any check or bond shall be retained by the Contracting Authority as liquidated damages in case the bidder neglects or refuses to enter into a contract and to furnish the required contract bond within ten (10) days after the prescribed contract and bond forms are presented for signature. 12 Checks of unsuccessful bidders will be returned immediately after a contract has been executed. 4. PROPOSALS: (a) Proposals shall be strictly in accord with the prescribed forms, furnished with the Specifications. Any modifications or deviations therefrom may be considered sufficient cause for rejection. (b) The bidder shall state in words and figures the lump sum and unit prices for which he proposes to do each item of work covered by the Proposal. In case words and figures do not agree, the words shall govern and the figures shall be disregarded. (c) It is to be understood that the lump sum required in the Proposal is for the furnishing of all materials required to be furnished and the doing of all work required under these Contract Documents, including items for which no quantities are given, and the quantities given in the "List of Variable Quantities" at the end of the Proposal. The "Unit Prices for Variation of Quantities" required are for adjustment of the "Basic Bid" by reason of variation of actual variable quantities from the quantities given in the "List of Variable Quantities". In case unit prices are not required, it is to be understood that the lump sum required in the Proposal is for the furnishing of all materials required to be furnished and the doing of all work required under these Contract Documents. (d) Proposals may be submitted for any or all Schedules, if more than one Schedule is included in the work, but bidders submitting a proposal for a "construction" Schedule must submit a proposal for any other Schedule of work incident thereto, such as "Electrical" and "Plumbing". Where a bidder bids on more than one Schedule and desires to accept the proposal, but any reservation on the part of the bidder to make a decision on what Schedules he will accept after bids are opened will render the bid null and void. (e) Proposals must be signed, in writing, by an individual authorized to bind the bidder. (f) Proposals must be submitted complete, with all other Contract -Documents in their original binding as furnished by the Engineer. They must be submitted at the place and on or before the time specified in the Advertisement for Bids. (g) Proposals must be submitted in sealed envelopes addressed to the Contracting authority, and clearly marked on the outside of the envelope, "Proposal for Construction Contract" to be opened at (date and time). The Bidder's current Arkansas Contractor's license number must be marked on the envelope. (h) The Contracting Authority will not consider bids covering only a portion of these Specifications. Ii J (i) The unbalancing of bids will not be tolerated. Evidence of material unbalancing will be considered cause for rejection. 5. MODIFICATION OF BIDS: No modification of bids already submitted will be considered unless such modifications are received prior to the hour set for opening. 6. BID BONDS, CONTRACT BONDS, AND INSURANCE: Attention of bidders is called to Act 82 of the 1935 Acts of the Arkansas General Assembly, which requires that all bid bonds, performance bonds, labor bonds, employer's liability insurance, public liability insurance, workmen's collective insurance, and property damage insurance must be secured through resident agents of Arkansas. 7. CLARIFICATION OF CONTRACT DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the Plans, Specifications, or other proposed Contract Documents, he may submit to the Engineer a written request for any interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed Documents will be made only by an Addendum duly issued, and a copy of such Addendum will be mailed to each person who has previously secured or who subsequently secures a set of Documents. The Contracting Authority will not be responsible for any other explanations or interpretations of the proposed Documents. 8. EXECUTION OF CONTRACT DOCUMENTS: Following the award and within ten (10) days, provided for in the Proposal, the successful bidder shall properly execute five (5) counterparts of the Contract Documents. 9. BASIS OF AWARD: Bids will be considered on the basis of the total bid price or prices given in the Proposal. In the event Unit Prices are required they will not be considered except that evidence of serious unbalancing of the Unit Prices shall be considered cause for rejection of bids. The Contract(s) will be awarded to the bidder (or bidders in the case of more than one Schedule of Work) submitting the lowest and best bid (or combination of bids), considering the contractor's experience and ability to do the work, and the character and quality of the equipment he proposes to furnish. The Contracting Authority reserves the right to select such bids or combination of bids which in its opinion would serve its interest best. The Contracting Authority reserves the right to select between any Alternatives in the Proposal. 14 10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS: If this contract is less than $ 20,000.00 the following exception applies: The Contract or is not required to be licensed under the terms of Act 150 or the 1965 Acts of the General Assembly. 11. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within consecutive calendar days thereafter. 12. NOTICE OF SPECIAL CONDITIONS: Attention.is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. (d) Special equipment which the Contractor must use on the job. 13. SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work performed under this contract, the Contractor shall: 1.. Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the "Federal Register", Volume 36, No. 75, Saturday, April 17, 1971. 2. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 3. Maintain at his office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctors care of persons (including employees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing. arrangement for the removal of injured persons to a hospital or a doctors care. 15 GENERAL CONDITIONS OF THE SPECIFICATIONS 1. GENERAL DESCRIPTION: The work embraced in these Contract Documents consists of the following: 2. DEFINITION OF TERMS: Wherever in these Documents the following terms are used, they are understood to have the following meanings: "OWNER" or "CONTRACTING AUTHORITY" shall mean the City of Fayetteville, Arkansas. "ENGINEERS" or "ENGINEER" shall mean the City Engineer, Fayetteville, Arkansas, City Administration Building, 107 West Mountain Street (P.O. Drawer "F"), Fayetteville, Arkansas. "CONTRACTOR" shall mean the individual, partnership, or corporation that may have entered into the contract with the Contracting Authority to perform the work specified herein. "WORK" shall mean the furnishing of all necessary tools, labor, equipment, materials, and supplies required to be furnished by the Contractor under these Specifications. 3. LAWS AND REGULATIONS: All work shall be done in conformity with the laws of the State of Arkansas, and any subdivision thereof, municipal and local laws and ordinances, and all applicable federal statutes, laws or regulations. No convict labor shall be employed on this project. 4. CONTRACT DOCUMENTS: The "Advertisement for Bids", the "Proposal", the "Bond" the "Instructions to Bidders", the "General Conditions", the "Detailed Specifications", and the "Plans", are each and all of the Specifications component parts to the agreements governing the work to be done and the materials and equipment to be furnished. 16 The Contract Documents are complimentary, and what is called for by one shall be as binding as if called for by all. The intention of the Documents is to include all tools, labor, equipment, materials and supplies necessary for the proper execution of the work. Materials or work described in words which so applied have a well-known Technical or Trade meaning shall be held to refer to such recognized meaning. The following copies of the executed Contract Documents will be provided: One for the Contracting Authority, One for the successful Bidder, One for the Engineer, One for the Surety, One for filing with the Circuit Clerk in the County where the Work is to be performed. S. SUBCONTRACTS: The Contractor shall, as soon as practicable after the signing of the Contract, submit to the Engineer, in writing, the names of any Sub- contractors he proposes for any part of the work. The Engineer's approval must be secured, in writing, on all Sub- contracts before they are made and signed. The Contractor shall be held fully responsible to the Contracting Authority and the Engineer for the acts and omissions of his Subcontractors and of the persons directly or indirectly employed by his Subcontractors. Nothing contained in these Specifications or in the Contract Documents shall create any contractual relation between any Subcontractor and the Contracting Authority. 6. THE CONTRACTOR: It is understood and agreed that the Contractor has satisfied him- self as to the nature and location of the work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent, or employee of the Contracting Authority or Engineer, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 17 7. THE ENGINEER: The Contracting Authority contemplates and the Contractor shall permit and make possible a thorough inspection by the Engineer of all work and materials furnished under the Contract Documents. The Contractor shall perform the work to the satisfaction of the Engineer. No work shall be performed by the Contractor without the knowledge and approval of the Engineer. The Contractor shall be an "independent contractor" with full power and authority to select the means, methods and manner of performing the work, being responsible to the Contracting Authority for all materials delivered and the results contracted for. The authority of any represen- tative of the Contracting Authority of the Engineer is limited to such determinations concerning the interpretation and performance of the Contract Documents. The failure of any representative of the Contracting Authority or of the Engineer to condemn or reject work or materials, or otherwise to exercise any function entrusted to him, shall not excuse the Contractor from the faithful performance of this Contract, nor shall such action imply any acceptance by the Contracting Authority or by the Engineer of faulty work or materials. The Engineer shall, within a reasonable time after presentation, make decisions in writing on claims arising between the Contracting Authority and the Contractor and shall make interpretations of plans and specifications. 8. BOND: Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surety bond in the amount of ninety-five (95) percent of the contract sum, guaranteeing the faithful performance of all covenants, stipulations, and agreements of the Contract, the payment of all bills and obligations arising from the execution and performance of the Contract, and guaranteeing the work against faulty workmanship and materils during construction and for one year after completion, all provisions of the bond to be complete and in full accordance with the statutory require- ments. The bond shall be executed with the proper Sureties through a company -licensed and qualified to operate in the State and approved by the Con- tracting Authority. If at any time during the continuance of the Contract, the Surety on the Contractor's bond becomes irresponsible, the Contracting Authority shall have the right to require additional sufficient Sureties which the Contractor shall furnish to the satisfaction of the Contracting Authority within ten (10) days after the notice to do so. In default, thereof, the Contract may be suspended, and all payments or money due the Contractor withheld. The bond must be filed with the Circuit Clerk of the County in which the work is to be performed before any work under the Contract is performed. A form of this bond is attached hereto and made a part of these Specifications. 18 . . 9. INSURANCE: The Contractor shall maintain such insurance as will protect him from claims under workmen's compensation acts and other employee benefits and from claims for damages because of bodily injury, including death, and from claims for damages to property which may arise out of operations or the work, whether such operations be by himself or by any subcontractor or any- one directly or indirectly employed by either of them. The insurance shall be written in companies authorized to do and doing business in Arkansas and for not less than the following limits: Comprehensive General Public Liability with bodily injury limits of $ 100,000 and $ 300,000 and property damage limits of $ 50,000; Comprehensive Automobile Liability (owned, hired and non -owned Vehicles) with bodily injury limits of $ 100,000 and $ 300,000 and property damage limit of $ 50,000 for each accident; Standard Workmen's Compensation and Employer's Liability covering with statutory limits; Contractual liability insurance with bodily injury limits of $ 100,000 and $ 300,000 and property damage limits of $ 50,000. Certificates of such insurance shall be filed with the Engineer before work commences under any contract or subcontract. 10. ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights, and shall save the Contracting Authority from loss on account thereof. 11. INSPECTION: The detailed manner and method of performing the work shall be under the direction and control of the Contractor, but all work done shall at all times be subject to the inspection of the Engineer or his authorized representative to see that it is done in accordance with the Contract Documents. Inspectors may be appointed by the Engineer or Contracting Authority and their duty shall be to guard the Contracting Authority against defects and deficiencies in the work and to see that the work is done in accordance with the Contract Documents. Inspectors shall have authority, subject to the final decision of the Engineer, to condemn and reject any defective work and to suspend the work when it is not being done properly, but the responsibility for the work and compliance with the Contract Documents and all applicable laws, rules and regulations shall be the Contractor's. Inspectors shall have no authority to permit any deviation from the Plans and Specifications except on written order from the Engineer, and the Contractor will be liable for any deviation except on such written order. 19 p. The inspector shall in no case act as foreman or perform other duties for the Contractor, nor interfere with the management of the work by the latter. Any advice which the inspector may give the Contractor shall in no wise be construed as binding to the Engineer in any way or releasing the Contractor from fulfilling all the terms of the Contract. All condemned work shall be promptly taken out and replaced by satisfactory work. Should the Contractor fail or refuse to comply with instructions in this respect, the Contracting Authority may, upon certifi- cation by the Engineer, withhold payment or proceed to terminate the contract as provided herein. Any defective work may be rejected by the Engineer at any time before final acceptance of the work, even though the same may have been previously overlooked and estimated for payment. 12. WORKMANSHIP AND SUPERINTENDENCE: The Contractor shall keep on this work, during progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor shall provide proper tools and equipment and the service of all workmen, mechanics, tradesmen, and other employees necessary in the execution of the work contemplated herein. The employees of the Contractor shall be competent and willing to perform satisfactorily the work required of them. Any employee who is disorderly, intemperate, or in- competent, or who neglects or refuses to perform his work in a satisfactory manner, shall be promptly discharged. It is particularly called to the Contractor's attention that only first-class workmanship will be acceptable. 13. POSITION, GRADIENT, AND ALIGNMENT: The Engineer shall set such stakes to proper line and grade as may be necessary for guidance of the Contractor in the proper performance of the work, and all work must conform closely to the lines and grades given. It shall be the duty of the Contractor and his employees to call the Engineer's attention to any stakes which may have been disturbed or which seem to be off line or grade. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless desruction, he shall be charged with the resulting expense and shall be responsible for any mis- takes that may be caused by their unnecessary disturbance or loss. 14. PROTECTION OF WORK, PROPERTY, AND PERSONS AND CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: The Contractor shall adequately protect the work, the Contracting Authority's property, adjacent property and the public from injury, damage or loss arising in connection with the contract or the work. 20 The Contractor shall provide and maintain all passageways, guard fences, lights or other facilities for safety and protection required by any public authority or local conditions. The Contractor assumes entire responsibility and liability for any third party claims and actions based upon or arising out of injuries, including death to persons or damage to or destruction of property, sus- tained or alleged to have been sustained in connection with or to have arisen out of or incidental to the performance of this contract by the Contractor, his agents and employees and his subcontractor, their agents and employees, regardless of whether such claims or actions are founded in whole or in part upon alleged negligence of the Contracting Authority, Contracting Authority's representatives or the Engineer, or the employees, agents or licensees thereof. The Contractor shall indemnify and hold harmless the Contracting Authority and its representatives and the Engineer and his representatives in respect to any such matters. 15. LEGAL RESTRICTIONS AND PERMITS: The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature, and shall give due and adequate notices to those in control of all properties which may be affected by his operations. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities will be provided by the Contracting Authority unless otherwise specified. The Contractor must obtain per- mission from the Contracting Authority or other proper authority before blockading any roads or highways, and shall furnish all necessary barricades and detour signs. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work as drawn or specified. 16. ASSIGNMENTS: No assignment by the Contractor of the contract, or any part there- of, or of the funds to be received thereunder by the Contractor, will be recognized unless such assignment has had the written approval of the Con- tracting Authority, and the Surety has been given due notice of the assign.- .ment in writing. No assignment, transfer, or subletting, even though consented to, shall relieve the Contractor of his liabilities under this Contract. Should any Assignee fail to perform the work undertaken by him in a satisfactory manner, the Contracting Authority may, at its option, annul and terminate Assignee's contract. 17. OTHER CONTRACTS: The Contracting Authority reserves the right to let other contracts in connection with this work. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. 21 Whatever work being done by the Contracting Authority's forces or by any other Contractor is contiguous to work covered by this Contract, the respective rights of the various interest involved shall be established by the Engineer, in order to secure the completion of the various portions of the work in general harmony. 18. SUSPENSION OF WORK: The Contracting Authority may at any time suspend the work or any part thereof bv qivinq ten (10) day's notice to the Contractor in writing; the work shall be resumed by the Contractor ten (10) days after the date fixed in a written notice from the Contracting Authority to the Contractor to do so. If the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and if the Contracting Authority does not give notice in writing to the Contractor to resume work at a date within twenty (20) days of the date fixed in the written notice to suspend, except in the case of litigation, then the Contractor may abandon that portion of the work so suspended, and he will be entitled to the estimates and payments for all work done on the portions so abandoned, if any. 19. THE CONTRACTING AUTHORITY'S RIGHT TO DO WORK: If the Contractor should neglect to presecute the work properly or fail to perform any provision of this Contract, the Contracting Authority after three (3) day's written notice to the Contractor may without prejudice to any other remedy it may have, make good such deficiencies, and may de- duct the cost thereof from payments then or thereafter due the Contractor. 20. THE CONTRACTING AUTHORITY'S RIGHT TO TERMINATE CONTRACT: If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should refuse or should fail, except in case for which extension of time is provided to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to Subcontractors or for material or labor, or -desregard laws, ordinances, or the instructions of the Engineer, or other- wise be guilty of a substantial violation of any provision of the Contract, then the Contracting Authority, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor ten (10) day's written notice, terminate the employment of the Contractor as provided under Paragraph 21, immediately following. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expenses shall exceed such unpaid balance, the Contractor shall pay the difference to the Contracting Authority. The expense incurred by the Contracting Authority as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. 22 Pending settlement of the Engineer may suspend action Contractor shall not be entitle reason of such delay, nor shall although such extension of time deems it in the interest of the disputes on any point of controversy, on all or any part of the work. The 3 to any claim for loss or damage by he be entitled to extension of time, may be granted by the Engineer if he work. 21. TERMINATION.FOR BREACH: In the event that any of the provisions of this Contract are violated by the Contractor or by any of his Subcontractors, the Contracting Authority may serve written notice upon the Contractor and the Surety of its intention to terminate such Contract, such notices to contain the reasons for such intentions to terminate the Contract, and unless within ten (10) days after the serving of such notice upon the Contractor such violation shall cease and satisfactory arrangements for correction by made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Contracting Authority shall immediately serve notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract, provided, however, that if the Surety does not commence performance thereof within thirty (30) days from the date of the mailing to such Surety of notice of termination, the Contracting Authority may take over the work and prosecute the same -to -completion by contract for the account and at the expense of the Contractor, and the Contractor and his Surety shall be liable to the Contracting Authority for any excess cost occasioned the Contracting Authority thereby, and in such event the Contracting Authority may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefor. 22. PAYMENTS WITHHELD: The Contracting Authority may withhold or, on accout of subsequently discovered evidence, nullify the whole or part of any certificate to such extent as may be necessary to protect the Contract- ing Authority from loss on account of: (a) Defective work not remedied, (b) Claims filed or reasonable evidence indicating probable filing of claims, (c) Failure of the Contractor to make payments properly to Subcontractor or for material or labor, (d) Damage to another Contractor, (e) Incomplete work When the above grounds are removed, payment shall be made for amounts withheld because of them. 23. DELAYS AND EXTENSIONS OF TIME: If, at any time, the Contractor considers he is being delayed by an act or neglect of the Contracting Authority or its employees, or by any other Contractor employed by the Contracting Authority, or by any changes or additions ordered in the work, or for any reason beyond his control, 23 he shall within ten (10) days from the beginning of such delay notify the Engineer in writing of the causes of any such delay. Extensions of time, with relief from responsibility for liquidated damages incurred by the Contracting Authority on account of such delay, will be granted the Contractor, when, in the opinion of the Engineer, the causes so called to his attention warrant such extensions of time. No claims for delay will be considered unless such notice has been filed with the Engineer within the time specified above. The Contractor will be required to furnish the Engineer two copies of each purchase order for materials and equipment as they are issued. If, the Contractor shall seek an extension of time because of delay in receiving delivery of critical materials, such extension of time may be granted when, in the opinion of the Engineer, the extension is warranted and the delay is in no way caused by the Contractor's financial status or by any act or failure to act on the part of the Contractor. Failure to get items of material or equipment not essential to the completion of those portions of the work, which, in the opinion of the Engineer requires supervision by an Engineer, shall not be deemed justification for waiver of liquidated damages, however, even though such delays are beyond the Contractor's control, and even though such items of material or equipment may be essential to the actual placing in operation of a portion of all of the project. When such items of materials or equipment are delayed for reasons beyond the Contractor's control, he shall complete all other work within the specified construction period. Extensions of time, without relief from responsibility for liqui- dated damages incurred by the Contracting Authority on account of delays, may be granted the Contractor on account of his failure to complete the work within the time specified. 24. ADDITIONAL, OMITTED, OR CHANGED WORK: The Contracting Authority, without invalidating the Contract may order additional work to be done in connection with the Contract or may alter or deduct from the work, the Contract sum to be adjusted accordingly. Additional work shall be done as ordered in writing by the Engineer, -which order shall state the location, character, and amount of extra work. All such work shall be executed under the conditions of the original contract and subject to the same inspection and tests as though therein included. Compensation for additional, omitted, or changed work shall be adjusted as follows: Any changes in quantities of work for which unit prices are required in the Proposal shall be at and for the price bid. Work for which prices are not required shall be paid for or deducted, as the case may be, upon the basis of an estimate prepared by the Contractor and approved by the Engineer, prior to the written order changing the quantity of work. If the Contractor claims compensation for additional work not ordered as aforesaid, or for claims of damages sustained, he shall make a written statement of claims for compensation or damages to the Engineer, 24 which statement shall be in the hands of the Engineer within such time as will allow a full consideration of the basis for such claim, and in no case later than fifteen (15) days after the work has been completed or damages sustained. The Contractor shall furnish, if required, any accounts, bills, or vouchers relating thereto. Unless such claims are made as re- ruired, they shall be considered forfeited and invalid. The Contracting Authority reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages for anticipated profits on any portion of the work to be omitted. 25. ARBITRATION: (a) Demand for Arbitration. Any decision of the Engineer which is subject to arbitration shall be submitted to arbitration upon the demand of either party to the dispute. The Contractor shall not cause a delay of the work because of the pendency of arbitration proceedings, except with the written permission of the Engineer, and then only until the arbitrators shall have any oppor- tunity to determine whether or not the work shall continue until they decide the matters in dispute. The demand for arbitration shall be delivered Engineer and the adverse party, either personally or by the last known address of each, within ten (10) days of Engineer's decision, and in no case after final payment If the Engineer fails to make a decision within a reaso for arbitration may be made as if his decision had been the demanding party. in writing to the registered mail to the receipt of the has been accepted. sable time, a demand rendered against (b) Arbitrators. No one shall be nominated or act as an arbitra- tor who is in any way financially interested in this Contract or in the business affairs of the Contracting Authority, or the Contractor, or the Engineer, or otherwise connected with any of them. Each Arbitrator shall be a person in general familiar with the work or the problem involved in the dispute submitted to arbitration. Unless otherwise provided by controlling statutes, the parties may agree upon one arbitrator; otherwise there shall be three, one named in writing by each party to this Contract, to the other party, and the third chosen by those two arbitrators. If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding in respect to both the matter submitted to and the procedure followed during the arbitration. Such decision shall be a condition precedent to any right of legal action. (c) Arbitration Procedure. The arbitrators shall deliver a written notice to each of the parties and to the Engineer, either personally or by registered mail to the last known address of each, of the time and place for the beginning of the hearing of the matters submitted to them. 25 Each party may submit to the arbitrators such evidence and arguments as he may desire and the arbitrators may consider pertinent. The arbitrators shall, however, be the judges of all matters of law and fact relating to both the subject matters of and the procedure during arbitration and shall not be bound by technical rules of law or procedure. They may hear evidence in whatever form they desire. The parties may be represented before them by such persons as each may select, subject to the discipli- nary power of the arbitrators if such representative shall interfere with the orderly or speedy conduct of the proceedings. Each party, and the Engineer, shall supply the arbitrators with such papers and information as they demand, or with any witness whose move- ments are subject to their respective control, and upon refusal or neglect to comply with such demands, the arbitrator may render their decision without the evidence which might have been solicited therefrom, and the absence of such evidence shall afford no ground for challenge of the award by the party refusing or neglecting to comply, with such demand. The submission to arbitration (the statement of the matters in dispute between the parties to be passed upon by the arbitrators) shall be writing duly acknowledged before a notary. Unless waived in writing by both parties to the arbitration, the arbitrators, before hearing testimony, shall be sworn by an officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their understanding. The arbitrators, if they deem the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall consider proper for the time, expense, and trouble incident to the arbitration, and if the arbitration was demanded without reasonable cause, damages for delay, and other losses. The award of the arbitrators shall be in writing and acknowledged like a deed to be recorded, and a duplicate shall be delivered personally or by registered mail forthwith upon its rendition, to each of the parties to the controversy and to the Engineer. Judgement may be rendered upon the award by the Federal Court or by the highest State Court having juris- -diction to render same. The award of the arbitrators shall not be open to objection on account of the form of the oroceedinas or the award, unless otherwise provided by the controlling statutes. In the event of such statutes pro- viding on any matter covered by this Article otherwise than as herein - before specified, the method of procedure throughout and the legal effect of the award shall be wholly in accord with said statutes, it being the intention hereby to lay down a principle of action to be followed, leaving its local application to be adapted to the legal requirements of the jurisdiction having authority over the arbitration. The Engineer shall not be deemed a party to the dispute. He is given the right to appear before the arbitrators to explain the basis of his decision and give evidence as they may require. 7(, 26. REFERENCE TO MANUFACTURER TRADE NAMES: Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Engineers' written approval. 27. USE OF COMPLETED PORTIONS: The Contracting Authority shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work on such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use of completed portions increases the cost of, or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. The Contracting Authority, in taking possession of completed portions, shall agree to accept the decision of the Engineer, on matters relating to responsibility for damages that may occur to any portion of the work during the period of possession preceding acceptance and final payment. 28. ACCEPTANCE AND FINAL PAYMENT: As soon as the work has been substantially and satisfactorily completed, the Engineer will make a final estimate stating that the work provided for under this Contract has been completed and is accepted by him under the terms and conditions thereof, with qualifications, if any, as stated. If certain parts of the work are not completed or if certain corrections must be made in the work even though the work is substantially completed, the Engineer is authorized to determine the amount which in his opinion is required for completion and/or correction of the work, and such amount may be withheld from the final payment to the Contractor, pending the completion and correction as required. The balance found to be due the Contractor shall be paid by the Contracting authority within forty (40) days after the date of the final estimate. Prior to filing for final estimates, the Contractor shall file with the Engineer a receipt in full from each manufacturer, subcontractor, dealer and supplier for all equipment and material used on the work and a complete release of all liens which may have arisen from this Contract. In lieu thereof, the Contractor shall file statements showing balance due or claimed on all accounts and the Contracting Authority shall have the right, if it so elects, to withhold sufficient money to pay such balances until receipts in full or satisfactory evidence of final determination are filed with the Engineer who may then make the final estimate. 27 I. The making and acceptance of the final payment shall constitute a waiver of all claims by the Contracting Authority, other than those arising from incomplete or uncorrected work, unsettled liens, or from faulty workmanship or materials, and of all claims by the Contractor, except those previously made and still unsettled. If the work has been partially but substantially completed to the extent that all adjustments in the Contract sum may be made, the Engineer may, if material delay in completion is anticipated or if otherwise deemed in the interest of the work, make the final estimate, retaining, in addition to other requirements which may be specified under payments, an amount representing the cost of unfinished work. Such payment shall be under the terms and conditions governing final payment. Neither the making of the final estimate, or final payment, shall relieve the Contractor of his responsibility for faulty materials or workmanship, and he shall remedy any defects and pay for any damage resulting therefrom which shall appear within a period of one (1) year from the date of substantial completion. The Owner shall give notice of observed defects with reasonable promptness, and all questions arising under this paragraph shall be decided by the Engineer. 29. PAYMENTS TO CONTRACTOR: The Engineer will on or about the Twentieth (20th) day of each month make an estimate of the work done. As soon thereafter as possible, and as soon as the Contractor has filed receipted bills showing }) that he has paid the previous month's bills, the Contractor will be paid qi seventy (70) percent of the value of work in place, plus ten (10) percent for that portion of the work accepted for beneficial occupancy, plus (20) percent of the value of work that has been properly cleaned up, plus fifty (50) percent of the value of the materials on the job site but not in place (figured from the Contractors paid invoices), minus amounts previously paid. A final estimate will be made following the final inspection as provided under paragraph 28, after which time and within a period of forty (40) days, the Contractor will be paid the full amount of the contract price, less amounts previously paid. Payment will be made only for the actual quantities installed. The Contracting Authority may withhold or, on account of sub- sequently discovered evidence, nullify the whole or part of any certificates to such extent as may be necessary to protect the Contracting Authority from loss on account of: (a) Defective work not remedied, (b) Claims filed or reasonable evidence indicating probable filing of claims, (c) Failure of the Contractor to make payments properly to Sub- contractor or for material or labor, (d) Damage to another Contractor, (e) Incomplete work. When the above grounds are removed, payment shall be made for amounts withheld because of them. 3O. SHOP AND ERECTION DRAWINGS: The Contractor shall furnish the Engineer with triplicate copies of all shop and erection drawings for approval. These drawings shall include the drawings prepared on structural and reinforcing steel, special layout drawings of equipment or machinery purchased under this Contract, and other supplementary drawings required in the prosecution of the work. One copy shall be returned to the Contractor and two copies retained by the Engineer for field and office reference. The approval of such drawings by the Engineer does not constitute an acceptance of responsibility of their accuracy. 31. LABORATORY TESTS: All material entering into the work is subject to various tests as may be required by the specifications. The cost of all such tests shall be the responsibility of the Contractor furnishing such material. The Contractor shall also bear the cost of any tests arising out of his desire to use materials which may be questionable in the opinion of the Engineer. 32. DRINKING WATER AND SANITARY FACILITIES: The Contractor shall provide safe drinking water for his workmen during the construction period. The water shall be delivered through a spigot, angle jet fountain, or other approved device. Common drinking cups will be prohibited. The Contractor shall furnish adequate sanitary facilities for workmen in the work area during the construction period. 33. CONSTRUCTION SAFETY: Throughout these specifications, whenever engineering decisions are to be made to ensure adequate construction in accordance with the plans and specifications, such inspection and engineering decisions are not to be construed as supervision of the Contractors' work force, nor make the Engineer responsible for providing a safe place for the performance of the work by the Contractor or the Contractors' employees or those of the suppliers, his subcontractors, nor for access, visits, use, work, travel, or occupance by any person, as these responsi- bilities are covered under the provisions of the contract, the Contractors insurance and performance bond and cannot be the responsi- bility of the Engineer. The above provision does not prevent the Engineer or his M personnel from requiring reasonable safety standards, if, in the course of their technical supervision, it comes to the attention of the Engineer that reasonable safety standards are not being carried out. 30 DETAILED SPECIFICATIONS PART I CONTRACT STIPULATIONS The general scope of this project shall be for the contractor to furnish all materials, labor, and equipment to construct two soccer fields at the Lewis Street Soccer Complex as shown on the attached specifications and drawings. The owner is interested in a lump sum price for the construction of these fields. The soccer fields to be constructed are referred to as Field #1 and Field #2 located on the west side of Lewis Street between Deane and Mt. Comfort. These fields are presently uneven and generally sloping to the south and southwest. Construction shall proceed with the removal of all top soil from the existing surface. Said top soil shall be stockpiled and protected on the east side of the proposed fields. Both fields shall be constructed according to the grade specified by the Engineer. All fill materials shall be placed in 6" lifts and compacted by sheeps foot to obtain a density of 90% (Standard Method). Following installation of select fill material the Contractor shall then install 4" of top soil. Final grading shall include the installation of drainage swales surrounding the fields, as indicated on the plans to improve drainage. When all final grading is completed, and the desired compaction has been achieved, contractor shall spread the top soil that has been stockpiled and protected, to achieve an average depth of four (4") inches. At no time shall the depth of top soil be less than 3 1/2". The Contractor shall then apply a minimum depth of one and a half inches (1 1/2") of masonry sand to the top soil and thoroughly mix the sand with the top soil within the depth of 3" to 4", by means of discing or tilling. To finish the surface, 2" of top soil shall be applied and uniformly spread. The fields shall also be fertilized at this time with 13/13/13 granular fertilizer at the rate of 350# per acre. When all the above work is completed, the sprinkler system shall be installed as specified (SEE DETAILED SPECIFICATIONS PART II). After the installation of the sprinkler systems the contractor shall then restore the area affected by trenching and make sure the top soil is free from rocks and the surface is smooth. To build the turf, SR 8200 turf -type tall fescue grass seed (additional information attached) shall be used at the rate of 5# (pound) per 1,000 square feet plus 1/4# per 1,000 square feet of Common Burmuda seed to be mixed in, and applied per instructions of the seed suppliers. (SEE DETAILED SPECIFICATIONS PART III) The contractor is to protect and care for the playing fields until the grass is grown, and the maintenance responsibilities are turned over to the City's maintenance crews. It is the responsibility of the contractor to ensure that the fields are smooth, drain properly, and the turf is established uniformly and completely at the completion of the project. IMPORTANT NOTES - All top soil for this project is available on the site and shall be stockpiled and protected to be used on the fields. If additional fill dirt is needed, it shall be red hillside material placed per specifications. The turf area shall include the entire playing field including the safety zones and the space between the fields. Drainage swales shall be installed at the completion of the grading for the fields, and will provide adequate drainage so that no ponding of water will occur. For the protection of the grass seeds, these swales shall be covered with straw. The contractor shall include in the lump sum bid total of ten compaction tests. If the tests fail the contractor shall be responsible for the additional tests. SPRINKLER SYSTEM 1. All zone valves shall be brass ball valves. 2. 2" backflow preventer and 2" pressure reducing valves shall be installed in a box beyond the metering point. 3. Use PVC primer prior to applying cement to all joints. 4. Provide heavy duty plastic valve boxes buried at all valves and accessories. Provide latching COVERS AT EACH. 5. Provide drain valves at all branches and low spots. 6. All work shall be done in accordance with the Arkansas State Plumbing Code and local authorities. 7. All piping shall be buried a minimum of 12". Compact during backfill and allow for future settlement. 8. Back fill with pure soil. 9. All systems and components shall be completely warranted, including full field coverage for a period of one year from the date of completion. LAWN IRRIGATION SYSTEM PART 1 GENERAL 1.01 DESCRIPTION A. A manual controlled lawn complete,includin irrigation system, g piping, backflow preventer, valves, and necessary accessories. 1.02 A. 1.03 A. L RELATED WORK Excavation, Trench Widths, Pipe Bedding, Backfill, Shoring, Sheeting, Bracing. QUALITY ASSURANCE Criteria: 1. Manufacturer regularly and presently manufactures the item submitted as one of their principal products. 2. Installer, or supplier of a service, has technical qualifications, experience and trained personnel and facilities to perform the specified work. Products Criteria: 1. Multiple Units: When two or more units of the same type or class of materials or equipment are required, these units are products of one manufacturer. 2. Assembled Units: Manufacturers of equipment assemblies, which use components made by others, assume complete responsibility for the final assembled product. A. All components of an assembled unit need not be products of the same manufacturer but component parts which are alike are the product of a single manufacturer. B. Components are compatible with each other and with the total assembly for the intended service. 3. Nameplates: Nameplate bearing manufacturer's name or identification trademark securely affixed in a conspicuous place on equipment, or name or trademark cast integrally with equipment, stamped, or otherwise permanently marked on each item of equipment. C. System Requirements: 1. Layout irrigation system so that the soccer field including the 15 foot safety zone is completely covered by the sprinkler heads. Drawings are diagrammatic to the extent that the general system components are indicated. Specific spacing requirements, line sizes, and fittings are not indicated. 2. The system sh 1 be contra d by a ontro r. The controller shall be supplied not installed in this N/A phase of constr ion. The wiring for the controller sh be instal and buried with the pipin s required and to nated at the point i icated on the Drawings or s directed by th Engineer. 3. The system shall be supplied with manually operated drain valves at the end of each lateral. The number of drain valves and laterals shall be indicated on the system layout plan and submitted to the Engineer. D. As -Built Record Drawings: Maintain a complete set of as -built drawings which shall be corrected daily to show changes in locations of all pipe, valves, pumps and related irrigation equipment. Valves shall be shown with dimensions to reference points. 1.04 SUBMITTALS A. Submit as one package in accordance with Section 01300, SUBMITTALS DURING CONSTRUCTION. p • B. Manufacturers' Literature, Data, and Location: 1. Piping 2. Jointing materials. 3. valves and Fittings. (valves sl+all 1�e brass Ell Japes, 5arnes Sore 4. Backflow preventer. 5. 11 Sprinkler head. (s1, 411 be, p up 1,ead Q-6 _ Q0.DT NtwAer 6. Frames and covers, or arrraved eeluall J 7. Quick couplers. 8. Automatic Controller. C. Name and address of a permanent service organization(s) maintained or trained by the manufacturer(s) that will render satisfactory service within eight hours of receipt of notification that service is requested. PART 2 PRODUCTS 2.01 PIPING A. Pipe: Provide one of the following within listed limitations. 2.02 A. B. 2.03 1. Plastic: A. Polyvinyl Chloride 1120, schedule 40. Fittings: 1. Polyvinyl Chloride Pipe: ASTM D1785, PVC A. Solvent Welded Socket Type: ASTM D2466, PVC pipe fittings, Schedule 40. JOINTING MATERIALS Solvent Cement: ASTM D2564. Rubber Gaskets: AWWA C111. BACKFLOW'PREVENTER A. Provide differential pressure -type backf low preventer in each new connection to existing water distribution system, between connection and control valve(s). AWWA C506, except pressure drop at rated flow shall not exceed 10 PSIG. Backflow Preventer size shall be 2 -inch. 2.04 WATER METER A. Furnished and set by Public Service Company. (C •1) 2.05 BACKFLOW PREVENTER COVER A. Covers shall be complete with base and insulation and shall be sized to cover the Backflow Preventer described in this Section. 2.06 QUICK COUPLERS A. Shall have all parts contained in a two-piece unit and shall consist of a coupler water seal valve assembly and a removable upper body to allow the spring and key track to be serviced without shut down of the main. B. Metal parts shall be brass. C. Quick couplers shall be manufactured by Rain Bird, Toro or approved equal. D. Furnish one (1) hose swivels and operating keys for each coupler. PART 3 - EXECUTION 3.01 PIPE LAYING - GENERAL A. Do not lay pipe on unstable material, in wet trench, or when in the opinion of Resident Engineer, trench or weather conditions are unsuitable for the work. B. Allow a minimum of three -inches between parallel pipes in the same trench. C. Hold pipe securely in place while joint is being made. D. Do not work over, or walk on, pipe in trenches until covered by layers of earth well tamped in place to a depth of 12 -inches over pipe. E. Full length of each section of pipe shall rest upon the pipe bed with recesses excavated to accommodate bells or joints. Do not lay pipe on wood blocking. F. Clean interior of pipe of foreign matter before installation. Keep pipe clean during laying operations by means of plugs or other methods. When work is not in progress, securely close open ends of pipe and fittings to prevent water, earth, or other substances from entering. G. Irrigation lateral line shall have a minimum cover of 18 - inches. 3.02 INSTALLATION OF SPRINKLERS AND QUICK COUPLERS A. Sprinkler heads and quick couplers shall be placed temporary nipples extending at least three -inches above finished grade. After turf is established, remove temporary nipples, ensuring that no dirt or foreign matter enters outlet, and install sprinkler heads and quick couplers at ground surface as detailed. 3.03 TEST AND FLUSHING A. Pressure Test: Pressure test lines before joint areas are backfilled. Backfill a minimum of 12 -inches over the pipe to maintain pipe stability during test period. Test Piping at hydraulic pressure of 150 PSIG for two hours. Maximum loss shall be 0.8 gallons per inch pipe diameter per 1000 -feet. Locate pump at low point in line and apply pressure gradually. Install pressure gage shut-off valve and safety blow -off valve between pressure source and Piping. Inspect each joint and repair leaks. Line shall be retested until satisfactory. B. Flushing: After testing, flush system with a minimum of 150 percent of operating flow passing through each pipe beginning with larger mains and continuing through smaller mains in sequence. Flush lines before installing sprinkler heads and quick couplers. END OF SECTION SEEDING PART 1 GENERAL 1.01 SCOPE A. This item shall consist of soil preparation, seeding the areas shown on the plans or as directed by the Engineer in accordance with these specifications. PART 2 PRODUCTS 2.01 SEED A. The species and application rates of grass, legume, and cover -crop seed furnished shall be those stipulated herein. Seed shall conform to the requirements of Fed. Spec. JJJ-S-181. B. Seed shall be furnished separately or in mixtures in standard containers with the seed name, lot number, net weight, percentages of purity and of germination and hard seed, and percentage of maximum weed seed content clearly marked for each kind of seed. The Contractor shall furnish the Engineer duplicate signed copies of a statement by the vendor certifying that each lot of seed has been tested by a recognized laboratory for seed testing within 6 months of date of delivery. This statement shall include: name and address of laboratory, date of test, lot number for each kind of seed, and the results of tests as to name, percentages of purity and of germination, and percentage of weed content for each kind of seed furnished, and, in case of a mixture, the proportions of each kind of seed. June 16 - August 31 Bermuda (Common) 1/4 I6 Per i000 s.F*. Tall Fescue (SR82oo -r -c "lype) 5 %bs Per loo s. F. I. September 1 - October 15 Tall Fescue (SR 3Zoo Turf -T ref 16s Per IDDD C•F- Annual Rye 2 'S• r. 2.02 LIME A. Not Applicable. (unless dirce%eJ 6Y itie En3tbneer) 2.03 FERTILIZER A. Fertilizer shall be standard commercial fertilizers supplied separately or in mixtures containing the percentages of total nitrogen, available phosphoric acid, and water-soluble potash. They shall be applied at the rate and to the depth specified herein, and shall meet the requirements of Fed. Spec. O -F-241 and applicable state laws. They shall be furnished in standard containers with name, weight, and guaranteed analysis of contents clearly marked thereon. No cyanamide compounds or hydrated lime shall be permitted in mixed fertilizers. B. The fertilizers may be supplied in one of the following forms: 1. A dr , f ee-f owing rtilize suit fo N/- a catio a co on ert• iz sp er 2. fin y- oun rtiliz s ubl to uitabl or ap i do by powe spra rs; or bxL9 > 3. A granular or pellet form suitable for application by blower equipment. Fertilizers shall be ►3/13Ji3 commercial fertilizer and shall be spread at the rate of 35o pounds per acre. 2.04 SOIL FOR REPAIRS A. The soil for fill shall be at least in areas adjacent shall be stumps, or other subsequent sowing turf, and shall bE placed. and topsoiling of areas to be repaired of equal quality to that which exists to the area to be repaired. The soil free from large stones, roots, materials that will interfere with of seed, compacting, and establishing approved by the Engineer before being PART 3 EXECUTION 3.01 ADVANCE PREPARATION AND CLEANUP A. After grading of areas has been completed and before applying fertilizer and ground limestone, areas to be seeded shall be raked or otherwise cleared of stones larger than otie inch in any diameter, sticks, stumps, and other debris which might interfere with sowing of seed, growth of grasses, or subsequent maintenance of grass -covered areas. If any damage by erosion or other causes has occurred after the completion of grading and before beginning the application of fertilizer and ground limestone, the Contractor shall repair such damage. This may include filling gullies, smoothing irregularities, and repairing other incidental damage. B. An area to be seeded shall be considered a satisfactory seedbed without additional treatment if it has recently been thoroughly loosened and worked to a depth of not less than 5 inches as a result of grading operations and, if immediately prior to seeding, the top 3 inches of soil is loose, friable, free from large clods, rocks, large roots, or other undesirable matter, and if shaped to the required grade. C. However, when the area to be seeded is sparsely sodded, weedy, barren and unworked, or packed and hard, any grass and weeds shall first be cut or otherwise satisfactorily disposed of, and the soil then scarified or otherwise loosened to a depth not less than 5 inches. Clods shall be broken and the top 3 inches of soil shall be worked into a satisfactory seedbed by discing, or by use of cultipackers, rollers, drags, harrows, or other appropriate means. 3.02 SEEDING A. Grass seed shall be sown at the rate specified in paragraph 2.01 immediately after fertilizing, and the fertilizer and seed shall be raked within the depth range stated in the special provisions. Seeds of legumes, either alone or in mixtures, shall be inoculated before mixing or sowing, in accordance with the instructions of the manufacturer of the inoculant. When seeding is required at other than the seasons shown on the plans or in the special provisions, a cover crop shall be sown by the same methods required for grass and legume seeding. 4. 3.03 ROLLING A. After the seed has been properly covered, the seedbed shall be immediately compacted by means of an approved lawnroller, weighing 40 to 65 pounds per foot of width for clay soil (or any soil having a tendency to pack), and weighing 150 to 200 pounds per foot of width for sandy or light soils. 3.04 WET APPLICATION METHOD A. The Contractor may elect to apply seed and fertilizer by spraying them on the previously prepared seedbed in the form of an aqueous mixture and by using the methods and equipment described herein. The rates of application shall be as specified in the special provisions. B. The spraying equipment shall have a container or water tank equipped with a liquid level gauge calibrated to read in increments not larger than 50 gallons over the entire range of the tank capacity, mounted so as to be visible to the nozzle operator. The container or tank shall also be equipped with a mechanical power -driven agitator capable of keeping all the solids in the mixture in complete suspension at all times until used. The unit shall also be equipped with a pressure pump capable of delivering 100 gallons per minute at a pressure of 100 pounds per square inch. The pump shall be mounted in a line which will recirculate the mixture through the tank whenever it is not being sprayed from the nozzle. All pump passages and pipe lines shall be capable of providing clearance for 5/8 inch solids. The power unit for the pump and agitator shall have controls mounted so as to be accessible to the nozzle operator. There shall be an indicating pressure gauge connected and mounted immediately at the back of the nozzle. The nozzle pipe shall be mounted on an elevated supporting stand in such a manner that it can be rotated through 360 degrees horizontally and inclined vertically from at least 20 degrees below to at least 60 degrees above the horizontal. There shall be a quick -acting, three-way control valve connecting the recirculating line to the nozzle pipe and mounted so that the nozzle operator can control and regulate the amount of flow of mixture delivered to the nozzle. At least three different types of nozzles shall be supplied so that mixtures may be properly sprayed over distance varying from 20 to 100 feet. One shall be a close -range ribbon nozzle, one a medium -range ribbon nozzle, and one a Ii. long-range jet nozzle. For case of removal and cleaning, all nozzles shall be connected to the nozzle pipe by means of quick -release couplings. In order to reach areas inaccessible to the regular equipment, an extension hose at least 50 feet in length shall be provided to which the nozzles may be connected. Lime, if required, shall be applied separately, in the quantity specified, prior to the fertilizing and seeding operations. Not more than 220 pounds of lime shall be added to and mixed with each 100 gallons of water. Seed and fertilizer shall be mixed together in the relative proportions specified, but not more than a total of 220 pounds of these combined solids shall be added to and mixed with each 100 gallons of water. All water used shall be obtained from fresh water sources and shall be free from injurious chemicals and other toxic substances harmful to plant life. Brackish water shall not be used at any time. The Contractor shall identify to the Engineer all sources of water at least 2 weeks prior to use. The Engineer may take samples of the water at the source or from the tank at any time and have a laboratory test the samples for chemical and saline content. The Contractor shall not use any water from any source which is disapproved by the Engineer following such tests. All mixtures shall be constantly agitated from the time they are mixed until they are finally applied to the seedbed. All such mixtures shall be used within 2 hours from the time they were mixed or they shall be wasted and disposed of at locations acceptable to the Engineer. Lime, if required, shall be sprayed only upon previously prepared seedbeds. After the applied lime mixture has dried, the lime shall be worked into the top 3 inches, after which the seedbed shall again be properly graded and dressed to a smooth finish. Mixtures of seed and fertilizer shall only be sprayed upon previously prepared seedbeds on which the lime, if required, shall already have been worked in. The mixtures shall be applied by means of a high-pressure spray which shall always be directed upward into the air so that the mixtures will fall to the ground like rain in a uniform spray. Nozzles or sprays shall never be directed toward the ground in such a manner as might produce erosion or runoff. • . p. a. so Particular care shall be exercised to insure that the application is made uniformly and at the prescribed rate and to guard against misses and overlapped areas. Proper predetermined quantities of the mixture in accordance with specifications shall be used to cover specified sections of known area. Checks on the rate and uniformity of application may be made by observing the degree of wetting of the ground or by distributing test sheets of paper or pans over the area at intervals and observing the quantity of material deposited thereon. On surfaces which are to be mulched as indicated by the plans or designated by the Engineer, seed and fertilizer applied by the spray method need not be raked into the soil or rolled. However, on surfaces on which mulch is not to be used, the raking and rolling operations will be required after the soil has dried. 3.05 MAINTENANCE OF SEEDED AREAS A. The Contractor shall protect seeded areas against traffic or other use by warning signs or barricades, as approved by the Engineer. Surfaces gullied or otherwise damaged following seeding shall be repaired by regrading and reseeding as directed. The Contractor shall mow, water as directed, and otherwise maintain seeded areas in a satisfactory condition until final inspection and acceptance of the work. B. When either the dry or wet application method outlined above is used for work done out of season, it will be required that the Contractor establish a good stand of grass of uniform color and density to the satisfaction of the Engineer. If at the time when the contract has been otherwise completed it is not possible to make an adequate determination of the color, density, and uniformity of such stand of grass, payment for the unaccepted portions of the areas seeded out of season will be withheld until such time as these requirements have been met. I • AGRA TURF, FACSIONILE TRANSMISSION ATTENTION: City of LittLerock COMPANY Anb or Connie FAX: 442-3962 SUBJECT: SR 8200 SENDER: AGRA TURF SENDER TELEPHONE 501-768-7036 YOU SHOULD RECIVE 3pages, including this cover sheet. If you do not receive all the pages, please call the number abov. - Date 5 -18 - COMMENTS:_ SR 8200 dwarf -type tall fescue 76$ per pound $38 00 per 50 ibs bag O0 C0 NY REPRESEMTATIV F THE FAX, PODNUH, I Tri1: FAX! P.O. Box 9168 • Searcy. Arkansas 72143 • 501.268.7036 • Fax 501.268.0606 • Order Machine 1.800-467•TURF (8873) ---------------- TURF -TYPE TALL FESCUE SURVIVAL SR 200 dwarf type tall fescue has the qualities you look for lr the newest cultivars. It is lower -growing and forms a Nn -textured, dark green, dense turf. TVs dwarf -type growth habit didn't happen overnight ut is the result of many years of breeding. The 474 progeny from 32 clones that comprise the parents of SR 8200 are the result of multiple cycles of selection oriented toward the selection of lower -growing plants along with other desirable characteristics. The germplasm utilized In the development of SR 8200 was from an extensive plant exploration program designed to find those outstanding plants that over time had survived environmental stresses such as close -mowing, traffic, excessive shade, drought, cold, and disease. This germplasm then underwent additional cycles of selection to find superior, attractive, low -growing plants that could survive frequent close- mowing, severe competition, and disease. The result Is SR 8200, a varierywith a dwarf -type growth habit combined with the traditional attributes of tall fescue. These Include excellent wear tolerance, cold tolerance, the ability to survive in poor soils, and good root development. DISEASE RESISTANCE SR 8200 was bred for very good resistance to stem rust (caused by Pucc/nla gram/nls Pets.). It also shows good resistance to net blotch (caused by Drechslera dictyoldes F. sp. dicryoldes Drechs.) and crown rust (caused by Puccinia coronata Cda.). MAINTENANCE SR 8200 has real advantages when It comes to maintenance. SR 8200 can tolerate dose mowing and still maintain its highturf quality. Also, the slower growth rates will significantly reduce mowing requirements throughout the growing season. Furthermore, SR 8200 has such a rich, dark green color that nitrogen applications can be reduced without sacrificing appearance. TURF QUALITY • Rich, dark green color * High tillering. compact dense turf * Fine leaves * Dwarf growth, reduced mowing * Excellent shade tolerance * Superior turf performance 1 IMPROVEMENT rWRU R6S ARCH. S. TALL FESCUE TURF EVALUATION - Adelphia, NJ. Turf Quality Culvr Net blotch %Pythium Cultivar 1990 Nuv. 1909 Nov. 1080 1990 Ava.. Hubbard 87 6.9 6.5 6.0 0.0 Re Jr. 6.3 6.3 5.7 14.3 R 82!I2 5.7 6.8 6.8 0.3 enan oah 5.5 6.2 5.6 1.5 Austin 5.4 5.3 5.6 0.9 Bonsai 5.4 7.8 7.4 15.8 Emperor 5.3 5.6 5.3 0.0 Phnanix 5.2 5.0 5.3 0.0 Mesa 5.1 4.4 3.0 .11 Tribute 4.8 4.5 4.8 13.1 Wrangler 4.3 4.6 5.6 0.0 Rebel 11 4.3 4.4 4.8 7.5 Trident 4.1 4.3 3.6 0.0 Titan .3.8 3.9 4.3 0.3 Finelawn 3.7 3.8 4.8 0.1 Arid 3.7 3.3 4.3 0.3 Rebel 3.4 3.3 3.6 5.3 Tempo 2.7 2.3 2.5 0.3 Kentucky 31 2.1 2.2 2.6 0.0 LSD at 5% 0.8 0.8 1.0 N.S. For information and pricing, contact: Produced by SEED II RESEARCH OF ORE CN, IYC 8200 0791 Mt