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HomeMy WebLinkAbout37-80 RESOLUTION• C RESOLUTION NO. 1/4.37426 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH FRAZIER CONSTRUCTION COMPANY FOR THE RELOCATION OF SEWER LINES ALONG U.S. HIGHWAY 71 NEAR U.S. HIGHWAY 62 WEST. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Frazier Construction Company of Fort Smith, Arkansas, for the relocation of sewer lines along U.S. Highway 71 near U.S. Highway 62 West. A copy of the contract authorized for construction hereby is attached hereto, marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this /jtday of ATTEST: APPROVED: 1980. MICROFILMED CERTIFICATE OF RECORD OtfSiOdes C TY LERK State of Arkansas ( SS City of Fayetteville ( *+.,(SEAL)~ / I, Bonnie Goering, City Clerk and Ex -Officio recorder for the City of Fayetteville, do here- by errby certify that the annexed or foregoing i; of record in my office and the same ap- pears in Ordinance & Resolution book at page ...it Witness my hand and seal this — day of 19 9 0 City Clerk and Ex -Officio R^^ CONTRACT STATE OF ARKANSAS COUNTY OF WASHINGTON THIS AGREEMENT made and entered into on this 16th day day of April ,lg 80 , by and between the City of Fayetteville, Fayetteville, Arkansas, Party of the First Part, hereinafter called the Owner, and Fraser Construction Co. of the City of Ft. Smith, Arkansas Party of the Second Part, hereinafter called the Contractor. WITNESSETH: That Whereas, the Owner has called for bids for the Construction of a Sewer Main Relocation, as set out in these Specifications, and approved by the Owner, and, WHEREAS, the Contractor is the best bidder for work hereinafter set out, pursuant to the published call for bids under Plans and Specifications, NOW, THEREFORE, the Contractor agrees with the Owner to furnish all materials, tools, equipment, and labor and complete the necessary work for: 970 feet of 8", 69 feet of 1211,827 feet of 15'1, 148 feet of 16", 245 feet of 20", 3155 feet of 21", and 1079 feet of 24" sewer pipe, 30 manholes, highway bores, and other items of construction as shown on the Plans and as described in the Specifications, for the price shown in the Proposal, all of which become a part of this Contract, the total sum being Two Hundred Thirty Two Thousand Seven Hundred Seventy & 45/100 Dollars ($232,770.45) , such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expensefurnish all supplies, labor, machinery, equipment, tools, supervision, bonds, insurance, and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Proposal attached hereto and made a part hereof, and in accordance with the General and Detailed Specifications, and in accordance with the Plans, which includes all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. The Contractor hereby agrees to commence work under this Contract on or before a date to be specified in written "Notice to Proceed" by the Owner and to fully complete the project within 120 consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $120.0 for each consecutive calendar day thereafter The Owner agrees to pay the Contractor in current funds for the performance of the Contract in accordance with the accepted Proposal therefore, subject to additions and deductions, as provided in the General and Detailed Specifications. 111 CLELLAND CONSULTING ENGINEERS , INC. 1 1 1 1 1 1 1 1 i 1 1 1 gam: 1 1 1 1 1 av • or • • •r' `'_e event the Contractor abandons the work hereunder or fails, neglects %r '.-foises to continue the work after ten (10) days written notice, given -%rtrctor by the Owner or by the Engineer, then the Owner shall have the -i,n of declaring this contract at an end, in which event, the Owner :hall not be liable to the Contractor for any work theretofore performed r'`-f`-%roder, or, of requiring the surety hereto, upon ten (10) days notice, '•`t7Plcite and carry out the contract of Contractor, and in that event, ./r'er may complete the said contract at its own expense, and maintain an :tic') against the Contractor and the surety hereto for the actual cost ` Arne, together with any damages or other expense sustained or incurred LY inner•in completing this contract less the total amount provided for "ere%nder to be paid Contractor, upon the completion of this contract. This contract shall be binding upon the heirs, representatives, successors, `rr ;:signs of the parties hereto, including the surety. 111 'WITNESS WHEREOF, the Owner and Contractor have hereto set their ,han'ds,'.and seal, respectively. Contrac BY TITLE BY (,` Fraser Construction co. `' ,� • /zz,g2i City of Fayetteville ayetteville, rkansas TITLE Mayor McCLELLAND CONSULTING ENGINEERS , INC Contract - 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SPECIFICATIONS FOR SEWER MAIN RELOCATION IN THE VICINITY OF THE INTERSECTION OF US 62 WEST AND US 71 BYPASS FAYETTEVILLE, ARKANSAS CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS PROJECT NO. 79-170 JANUARY 1980 McClelland Consulting Engineers, Inc. Fayetteville, Arkansas ADDENDUM NO. 1 to SPECIFICATION AND PLANS FOR SEWER MAIN RELOCATION IN THE VICINITY OF THE INTERSECTION OF US 62 WEST AND US 71 BYPASS FAYETTEVILLE, ARKANSAS March 12, 1980 1. Refer to Detailed Specifications Section 15 "Sewer Pipe". The Ductile Iron Pipe to be used on this job shall be Class 50. 2. Refer to Proposal page number 5. The addition to page 5 is a place for the bidder to acknowledge the respective addendums. The bidder shall indicate on the proposal form the receipt of the Addendum No. 1 and understanding of this addendum. ADDENDUM NO. 2 TO SPECIFICATIONS AND PLANS FOR SEWER MAIN RELOCATION IN THE VICINITY OF THE INTERSECTION OF US 62 WEST AND US 71 BYPASS FAYETTEVILLE, ARKANSAS March 25, 1980 1. Refer to Sheet 4 of Proposal Schedule for Total Bid with Alternate 'B' the bid items should read (1 thru 6, 7b, 8b, and 9;thru 22). 2. Refer to Sheet 3 of the Plans for the 21 -inch interceptor. The Contractor shall install trench shoring from STA 16+91 to STA 17+41 in the vicinity of the SW corner of Sines Body Shop. Further, the Contractor shall be responsible for any and all damage to the SW corner of the aforementioned building resulting from installation of the sewer line. The shoring shall be considered subsidiary to the laying the sewer line. Also the sewer trench between STA 16+91 and STA 17+41 shall be filled with compacted crush stone material (SB -2). This cost shall be under Item 12 of the Proposal. The bidder shall indicate on the Proposal form the receipt of Addendum No. 2 and understanding of this Addendum. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INDEX TO SPECIFICATIONS TITLE SECTION Notice to Contractors I Instructions to Bidders II Proposal III Equal Opportunity Certification IV Contract V Performance and Payment Bond VI General Provisions VII General Specifications (Water & Sewer Pipe Laying) VIII Detailed Specifications IX Federal Wage Determination X State Wage Determination XI Appendix XII McCLELLAND CONSULTING ENGINEERS , INC 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NOTICE TO CONTRACTORS McCLELLANO CONSULTING ENGINEERS , INC. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NOTICE TO CONTRACTORS Notice is hereby given that in pursuance to an order of the. Board of Directors of the City of Fayetteville, Fayetteville, Arkansas, sealed bids will be received at the office of the City Manager, Fayetteville, Arkansas, until 2:00 pm , on March 28, 1980 , for the furnishing of all tools and labor, and performing the necessary work to be done in constructing a sewer main relocation in the vicinity of US 62 West and US 71 Bypass, Fayetteville, Arkansas The work shall consist of laying 970 feet of 8", 69 feet of 12", 827 feet of 15", 148 feet of 16", 245 feet of 20", 3155 feet of 21", and 1079 feet of 24" sewer pipe. Also included in the work is the construction of 30 manholes, several highway bores, and related appurtenances. The location of the work is set out in the plans and specifications on file in the office of McClelland Consulting Engineers, Inc., 1810 North College, P. 0. Box 1229, of Fayetteville, Arkansas. All bids will be opened in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas, at 2:00 pm on March 28, 1980 All necessary work, material and every item of construction shall be in accordance with the plans and specifications as prepared by the Engineer. Copies of the documents may be obtained from the office of the Engineer upon the payment of the sum of twenty-five dollars ($25.00), said payment not being refundable. Pertinent information and the detailed specifications will be furnished to suppliers at cost of reproduction. The contractors shall make such inspection and studies of the site of the work as to thoroughly familiarize themselves with all conditions to be encountered. Each bid must be accompanied by a surety bond inthe 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 successful bidder will be required to furnish a performance and payment bond, in favor of the City of Fayetteville, Arkansas, in an amount equal to one hundred percent (100%) of the contract amount, at the time of the award of the contract. The Board of Directors reserves the right to reject any and all bids, and to waive any formalities deemed to be in the best interest of the City. M CLELLAND CONSULTING ENGINEERS , MC.-- Notice is hereby given that the City of Fayetteville is an Equal Opportunity Employer. The proposed contract is under and subject to Executive Order 11246 of September 24, 1965, and to the Equal Opportunity Clause contained in the specifications. The successful bidder will be required to submit a Certification of Non- segregated Facilities prior to award of the contract, and to notify prospective subcontractors of the requirement for such a Certification where the subcontract exceeds $10,000. Samples of the Certification and the Notice to Subcontractors appear in the specifications. The attention of all bidders is called to the fact that any contractor or subcontractor on this project having 50 or more employees and who may be awarded a,contract or subcontract of $50,000 or more will be required to maintain an Affirmative Action Program within 120 days of commencement of the contract. Women will be afforded equal opportunity in all areas of employment. How- ever, the employment of women shall not diminish the standards or requirements for employment of minorities. The Bidder (proposer) must supply all the information required by the bid or proposal form. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project. Dated this 6th day of March , 1980. Sturman Mackey Purchasing Agent City of Fayetteville Fayetteville, Arkansas Notice to Contractors - N CLELLAND CONSULTING ENGINEERS , INCA INSTRUCTIONS TO BIDDERS McCLELLAND CONSULTING ENGINEERS , INC INSTRUCTIONS TO BIDDERS 1. EXAMINATION OF SITE AND DOCUMENTS. Bidders are advised that the plans, profiles, specifications and estimates of the Engineer on file in the office of the official as set out in the "Notice to Contractors," shall constitute all of the information which the Owner shall furnish. No other information given, or sendings made by the Owner or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, plans, profiles, specifications and estimates, or be binding to the Owner. But bidders are required, prior to submitting any bid, to read carefully the specifications, contract and bonds, to examine carefully all plans, profiles, and estimates on file with the official as set out in the "Notice to Contractors," to visit the site of the work to examine carefully local conditions, to inform themselves by their independent research and soundings of the difficulties to be encountered, and to judge for themselves the accessibility of the work and the quantities and character of the materials to be encountered and all attending circumstances affecting the cost of doing the work and the time specified for its completion; and to obtain all information required to make an intelligent bid. Bidders shall rely exclusively upon their surveys, estimates, investigations, soundings and other things which are necessary for full and complete information upon which the bid will be based. The bid shall contain a state- ment that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quantity and quality of the plans, work to be done, excavation, and materials required, and with full knowledge of the plans, profiles, specifications and estimates and all provisions of the contract and bonds. Failure of any bid to contain such a statement may be held to be sufficient reason for rejecting the bid. 2. APPROXIMATE ESTIMATE OF QUANTITIES. The Engineer's estimate of quantities, approved by the Owner, and on file in the office of the official as set out in the "Notice to Contractors," is approximate only, and shall be the basis for receiving unit price bids for each item, but shall not be considered by the bidders as the actual quantities that may be required for the completion of the proposed work. Such quantities, however, at the unit price bid for each item, shall determine the amount of each bid for com- parison of bids, and determine the low bidders for the purpose of awarding the contract, and will be used as a basis for fixing the amount of the required bonds. 3. FAMILIARITY WITH LAWS, ETC. The bidder is presumed to be familiar with all state and city laws, ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used, or in any way affecting the work, and shall in all respects comply with said laws, ordinances and regulations. No claim of misunderstanding or ignorance on the part of the contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. Mc..LELLAND CONSULTING ENGINEERS , INC 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Instructions to Bidders - 2 4. BIDS AND BIDDING FORMS. Bids must be made out in ink on the PROPOSAL SCHEDULE included in Section -III of these plans and specifications. All bids shall be sealed and filed as provided in the "Notice to Contractors". No bidder shall divulge the information in said sealed bid to any person whomso- ever, except those having a partnership or other financial interest with him in said bid, until after the sealed bids have been opened. Bids which are incomplete, unbalanced, conditional, or obscure, or which contain additions not called for, erasures, alterations or irregularities of any kind, or which do not comply with the "Instructions to Bidders" may be rejected as informal at the option of the Owner. However, the Owner reserves the right to waive technicalities as to changes, alterations or revisions and to make the award in the best interest of the Owner. All papers bound with or attached to the Proposal Schedule are necessary parts thereof, and must not be detached. A copy of the plans, profiles, specifications, and bid forms may be obtained as provided in the "Notice to Contractors." 5. UNIT PRICES AND FILLING IN BIDDING FORMS. Bidders must state a unit price for every item of work named in the Engineer's estimate of quantities of work to be done, approved by the Owner and on file in the office of the official as set out in the "Notice to Contractors." Each bidder shall include in the unit prices named in his bid the furnishing of all labor, materials, tools, equipment and apparatus of every description to construct, erect and finish completely all the work as called for in the specifications or shown in the plans. The price bid for the items must be stated in figures and in words in the appropriate blank spaces provided on the bidding forms. Such figures must be clear and distinctly legible so that no question can arise as to their intent or meaning. In case of a difference in the written words and figures in a proposal, the amount stated in the written words and figures in a proposal, the amount stated in the written words shall govern. Unit prices bid and totals shown in the proposal shall not include any of the costs of engineering, advertising, printing, and appraising. 6. PRICES BID TO BEAR RELATIONSHIP TO COST OF WORK. Prices bid on the various items in the proposal shall bear a fair relationship to_the cost of the work to be done. Bids which appear unbalanced and deemed not to be in the best interest of the Owner may be rejected at the discretion of the Owner. 7. SIGNATURE ON BIDS. If the bid is made by an individual, his name must be signed by him or his duly authorized agent, and his post office address given. If the bid is made by a firm or partnership, the name and post office address of each member must be given, and the bid signed by a member of the firm or partnership, or a person duly authorized. If the bid is made by a company or corporation, the company or corporate name and the state under the laws of which said company or corporation is chartered, and the business address must be given, and the bid signed by an officer or agent duly authorized. NC"LELLAND CONSULTING ENGINEERS , INC Instructions to Bidders - 3 Power of attorney, properly certified, for agents and others to sign bids must be in writing and filed with the Owner. 8. QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS. Each bidder shall furnish the Owner with satisfactory evidence of his competence to perform the work contemplated. The Owner reserves the right to reject a bid if the bidder has not submitted a statement of his qualifications prior to the date of the opening of the bids. Bidders who are filling in a bid for the first time with the Owner must submit their qualifications prior to the time of the opening of the bids. In making application to be placed on the qualified list, the bidders will be required to furnish a statement covering experience on similar work, a list of machinery, plant, other equipment available for the proposed work, and a statement of financial resources, dated within thirty (30) days prior to the date of the opening of the bids. The Owner reserves the right to make such investigations of information submitted as is deemed necessary, before a rating is given and to disqualify any contractor from bidding if deemed in the best interest of the Owner. With each financial statement filed with the Owner, as hereinafter outlined, the bidder shall also submit a statement relating to his experience in performing construction work similar to that for which he is offering a proposal. He shall also file with the Owner a statement relating to the amount and condition of his equipment as often as may be required by the Owner. ' Both the experience and equipment statements herein referred to shall be submitted in a manner acceptable to the Owner. Where required by state laws, the bidders shall be licensed according to the requirements of such laws. In case contractors are required to be licensed, they shall note their license number on the outside of their proposal. 9. BIDDING BONDS. Each bid must be accompanied by a bidder's surety bond issued by a company licensed to do business in the State in the sum of five per cent (5%) of the amount of the bid, made payable to the Owner as a guarantee that a contract will be entered into and the required bonds fur- nished within the required time, in the event of the award of a contract. 10. WITHDRAWAL OF BIDS. Permission will not be granted to withdraw or modify any bid after it has been filed. Requests for non -consideration of bids must be made in writing, addressed to the governing body of the Owner, and filed with the representative of the Owner designated to receive the bids before the expiration of the time limit for opening bids. After other bids are opened and read, the bid for which withdrawal is requested will be returned unopened. 11. DISfUALIFICATION OF BIDDERS. Any one or more of the following causes may be considered as sufficient for the disqualification of bidders and the rejection of their bid or bids: AIcCLELLAND CONSULTING ENGINEERS , IkC Instructions to Bidders - 4 More than one proposal for the same work from an individual firm, part- nership, or corporation under the same or different names. Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. Unbalanced proposals in which the prices for some items are out of proportion to the prices for other items. Failure to submit a unit price for each item of work for which a bid price is required by the Proposal. Lack of competency as revealed by the financial statement, experience, plant and equipment statements submitted. Lack of responsibility as shown by past work ,fudged from the standpoint of workmanship and progress. Uncompleted work, which in the judgment of the Owner, might hinder or prevent the prompt completion of additional work if awarded. For being in arrears on existing contracts, in litigation with the Owner, or having defaulted on a previous contract. 12. CONSIDERATION OF PROPOSALS. After the proposals are opened and read, the quantities will be extended and totaled in accordance with the bid prices of the accepted proposals, and the results of the prices will be made public. Until the final award of the contract, the Owner reserves the right to reject any or all proposals, to waive technicalities and to advertise for new pro- posals, or to proceed to do the work otherwise when the best interests of the Owner will be promoted thereby. 13. RIGHT TO REJECT BIDS. The Owner reserves the right to reject any and all bids. All bids are subject to this reservation, and the Owner reserves to itself the right to decide which bid shall be deemed the lowest and best. Due consideration will be given to the reputation, financial ability, exper- ience and equipment of the bidder. No bids received in the office of the official as set out in the "Notice to Contractors" after the time for filing, as advertised, will be considered. However, bids mailed from a post office other than that of the Owner and arriving in the Owner's post office before the time for receiving of bids and actually delivered to the office designated to receive the bids, before the hour for opening of bids, shall be judged to have been received in time for filing and shall be considered. 14. FORFEITURE OF BIDDING BOND. The person or persons, partnership, com- pany, firm or corporation to which the contract is awarded shall, within ten (10) days after such contract is awarded, execute and deliver the contract as required; such bonds to be executed and approved prior to the execution of the contract by the Owner. The Owner reserves the right to grant the Contractor such extension of time in executing the contract as it deems NcCLELLANO CONSULTING ENGINEERS , INC Instructions to Bidders - 5 necessary in the interest of the Owner. Any applications for extension of time shall be made by the Contractor in writing and signed by proper officials The inclusion of this provision, whereby extension of time in signing the contract and submission of bonds may be granted, in no way obligates the Owner to act upon any application unless it sees fit to do so. Upon failure of the bidder to execute said bonds and contract within the specified time after the contract is awarded, the bid by the Contractor will be considered to have been abandoned and the Owner may ask for new bids. By reason of the uncertainty of the market prices of materials and of damages and expenses which the Owner might incur by reason of said Bidder's failure to execute said bonds and contracts within said specified time, the bid bond accompanying the bid shall be the agreed amount of damages which the Owner will suffer by reason of such failure upon the part of the bidder, and shall thereupon immediately be forfeited to the Owner. The filing of a bid under these instructions shall be considered as acceptance of this provision. 15. RETURN OF BIDDER'S BOND. Bonds deposited with bids will be returned to the bidders as soon as the contract is awarded, except the bond of the successful bidder, which will be returned after the contract is executed and the bonds approved. Unless the Owner has a good reason to hold bidding bonds, the bonds of all except the three low bidders will be returned as soon as the bids have been considered. 16. AWARDING OF CONTRACT. The Owner reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, said length of time not to exceed sixty (60) days except with the consent of the bidder. The awarding of a contract upon a successful bid shall give the bidder no right of action or claim against the Owner upon such contract until the same shall have been reduced to writing and duly signed by the contracting parties. The letting of a contract shall not be complete until the contract is duly executed and the necessary bonds approved. 17. INSURANCE AND BONDS. The successful bidder will be required to carry all such workmen's compensation, property damage, public liability insurance as may be required under the laws of the state. The Contractor shall execute and furnish a bond in the amount of one hundred per cent (100%) of the contract price conditioned on the faithful performance of the work covered by the contract and further conditioned that the surety under the bond be liable for the payment of all materials, labor, equipment and other items of cost as set out under the provisions of Act No. 209 or Acts of 1957. If any bond or insurance contracted for becomes unsatisfactory or unacceptable to the Owner after the acceptance and approval thereof, the Contractor shall promptly, upon being notified to that effect, execute and furnish acceptable bonds and/or insurance in the amounts herein specified. Upon presentation of acceptable bonds and/or insurance, the unsatisfactory bonds or insurance may be cancelled at the discretion of the Contractor. IMPORTANT NOTE: Insurance certificates furnished by the contractor and/or sub-contractor(s) shall include the Engineer and the Owner as Additional Insureds for public liability, fleet liability, property damage and special hazards coverage. McCLELLANO CONSULTING ENGINEERS , INC Instructions to Bidders - 6 The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insu- rance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. (a) Compensation Insurance: The Contractor shall procure and shall main- tain during the life of this contract Workmen's Compensation Insurance as required by applicable State law for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Con- tractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensation Statute, the Con- tractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) Contractor's and Sub -Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: Contractor's Public Liability Insurance and Vehicle Liability Insurance shall be in an amount not less than $300,000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $500,000 on account of one acci- dent, and Contractor's Property Damage Insurance in an amount not less than $100,000 per accident and $300,000 aggregate. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcon- tractor's Public Liability and Property Damage of the type and in the same ,.mounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. (c) Owner's Protective Public Liability and Property Damage Insurance: The Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect the Owner and his agents from claims for damage for personal injury, including accidental death, as well as from any claims for property damages, which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them, and the limits of such insurance shall be as shown in subparagraph b above. 7h? Engineers shall be named as an additional insured under the policy. It is agreed that such insurance as is afforded by the Policy for Bddily Injury Liability and for Property Damage Liability applied, subject to the following provision: (1) The unqualified word "insured" also includes any architect, engineer or surveyor engaged by the named insured but only with respect to liability arising out of the premises of the named insured. MCCLELLANo CONSULTING ENGINEERS , INC Instructions to Bidders - 7 (2) The insurance with respect to said architects, engineers or surveyors does not apply to injury, sickness, disease, death or destruc- tion arising out of defects in maps, plans, designs or specifications prepared, acquired or used by said architects, engineers or surveyors. (d) Scope of Insurance and Special Hazards: The insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcont'ractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by any one directly or indirectly employed by him and, also against any of the special hazards which may be encountered in the performance of this contract as enumerated below: (1) Dynamiting; and (2) Damage to underground facilities. (e) Builder's Risk Insurance (Fire and Extended Coverage): The Contractor shall procure and shall maintain during the life of this contract Builder's Risk Insurance (Fire and Extended Coverage) on a 100 per cent (100%) completed value basis on the insurable portion of the project. The owner, the contractor, and subcontractors (as their interests may appear) shall be named as the Insured. Proof of Carriage of Insurance: The Contractor shall furnish the owner with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of policies. Such certificates shall also contain substantially the following statements: "The insurance covered by this certificate will not be cancelled or materi- ally altered, except after ten (10) days written notice has been received by the Owner. SEE IMPORTANT NOTE, above. The above named limits shall be operative except where, in the opinion of the Engineer, the character of the work and hazards involved warrant the establishment of greater coverage. The Contractor shall furnish the Owner with duplicate copies of all policies of certificates from insuring agencies as evidence that these requirements have been satisfied. All bonds must be executed by a surety company licensed to do business in the State of Arkansas, and acceptable to the Owner. The final ac- ceptance of the construction work by the Owner shall not bar the right of any person damaged or injured by reason of any act of ommission or commission of the Contractor, or of the failure of the Contractor to fully perform all the terms of his contract from maintaining in action against the Contractor, and shall not release the Contractor from any of the obligations assumed under these specifications or contract. 18. SUB -CONTRACTORS. The Contractor shall not assign or sublet all or any part of this contract without the prior written approval of the Owner, nor shall the Contractor allow such sub -contractor to commence work until he has provided and obtained approval of such compensation and public liability insurance as may be requried under the laws of the state. The approval of such sub -contract by the Owner will in no manner release the Contractor from any of his obligations as set out in the plans, specifications, contract and bonds. 19. LABOR LAWS. The Contractor shall abide by all state and Federal laws governing labor. (Also see General Conditions) McCLELLAND CONSULTING ENGINEERS , INC.' (f) Instructions to Bidders - 8 20. INSPECTION AND TESTING OF MATERIALS. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspec- tion agency shall be selected by the Owner. The Owner will pay for all laboratory inspection service direct, and not as a part of the contract, unless otherwise specifically stated hereafter in these specifications. Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with the specifications and suitability for uses intended. 21. "OR EQUAL" CLAUSE. Whenever a material or article required is specified or shown on the plans by using the name of the proprietary product or of a particular manufacturer or vendor, any material or article which will perform adequately the duties imposed by the general design will be considered equal and satisfactory providing the material or article so proposed is of equal substance and function in the Engineer's opinion. It shall not be purchased or installed without his written approval. AIcCLELLAND CONSULTING ENGINEERS , INC PROPOSAL McCLELLAND CONSULTING ENGINEERS , INC