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HomeMy WebLinkAbout19-85 RESOLUTIONRESOLUTION NO. J9-85 • SCANNED A RESOLUTION AUTHORIZING THE MAYOR AND CITY ('LFRK TO EXECUTE A CONTRACT WITH BALDWIN CONSTRUCTION OOMPANY FOR THE INSTALLATION OFA WATER LINE EXTENSION ON VAN ASCHE DRIVE. • BE IT RESOLVED BY THE BDARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a Contract with Baldwin Construction Company for the installa- tion of a water line extension on Van Asche Drive. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 7grh day of February 1985. GVS C-033 µ�. SPECIFICATIONS FOR Van Asche St. - &regg Avenue 8" A.C. Waterline Extension WORK ORDER # 9-5571 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS January, 1985 CITY ENGINEERS' OFFICE INDEX ADVERTISEMENT FOR BIDS BID BOND PROPOSAL FOR SCHEDULE I 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 4., • CITY OF FAYETTEVILLE, ARKANSAS ADVERTISEMENT FOR BIDS Seperate sealed bids for Van Asche Street - Gregg Avenue 8" A.C. Waterline Extension , will be received by Sturman Mackey Purchasing Officer, Room 209, 2nd Floor, City Administration Building 113 West Mountain Street - Fayetteville, Arkansas until 10.00 o'clock (A.M.-RXM.) February 12, 1985, and then at said office publicly opened and read aloud. The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bond, and other contract documents may be examined or obtained at the following: City Engineer's Office - Ground Floor, Room 011 City Administration Building - 113 W. Mountain Street Fayetteville, Arkansas 72701 The owner reserves the right to waive any informalities or to reject any or all bids. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information for Bidders. All bidders must be properly licensed under the terms of the Arkansas Contractors licensing law. No bidder may withdraw his bid within 30 days after the actual date of the opening thereof. 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 certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the a 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. 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 r Surety SEAL BY: 3 Proposal of PROPOSAL FOR SCHEDULE I (A UNIT PRICE CONTRACT) Place Date 4.210 eNe jiinu a/a? /a, / firArs die a corporation* organized and existing under the laws of the State of , and qualified to do business in the State of Arkansas; a Partnership* consisting of .r an Individual* trading as . TO THE CITY OF FAYE1'1'LVIJJ.F, ARKANSAS: The bidder in compliance with your invitation for bids for the construction of Van Asche Street - Gregg Avenue 8" A.C. Waterline Extension having examined the Plans and Specifications with related documents and the site of the pro- posed 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 unit 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" of the Engineer, and to fully complete the project within 30 consecutive calendar days. Bidder acknowledges receipt of the following addenda: * Fill out applicable blank 4 ITEM NO. VAN ASCHE STREET - GREGG AVENUE 8" Water Line Extension Bid Schedule ESTIMATED QUANTITY AND DESCRIPTION UNIT** PRICE • TOTAL 1) 1840 L.F. 8"•A.C. Class 200 (Bedding SB -2 included, Complete in place 446 40letel '3yca Dollars $ $_11, 7443 2) 1 Ea L.S. Railroad Crossing - 16" Steel encasement, 70 L.F. 8" D.I.P. Class 51, Complete in place • DollarsAde"' "9""'" Ali $ 31 5"0. 00 S 37S0, `—° 3) 1 Ea 8" X 8" Tapping Sleeve and Valve Assembly, Complete in place Au deuck,m.o dav gu.s4 Dollars s /Deal O s /mice, a 4) 1 Ea 8" (900) C.I. Bend in place Ofittivel Dollars $ /ferea $ /SO, LO 5) 1 Ea 8" Gate Valve with box in place e/Aollars le l $ 5AS/00O $ 6-25: a' 6) 1 Ea Repair paved street crossing Lump Sum SB -2 Backfill material included ,/.UGmt reibm uc Dollars $ 100, 0 0 $ 7DO, 7) 1 Ea Blow Off Assembly . Complete in place Dollars M s aso,oa Asa Total Bid • • ITE: i NO. VAN ASCHE STREET- GREGG AVENUE 8" Water Line Extension Deductive Alternate Bid Schedule A ESTI'iATED QUANTITY AND DESCP.IPTION UNIT** PRICE TOTAL 1) 1840 L.F. 4" P.V.C. Class 200 SDR21 (Bedding SB -2 included, Complete in place) Dollars s 3100 $ ;Seo. lz 2) 1 Ea Lump Suni'Railroad Crossing 8" Steel encasement, 70 L.F. of 4" D.I.P. Class 51 Complete in place iikcitoad �a94 Dollars $2g$700 s x750,_o 3) 1 Ea 8" x 4" Tapping Sleeve and valve assembly Complete in place eks Dollars $ 9av, ®© $ 900, 4) 1 Ea 4" (90°) C.I. Bend Complete in Place 010.katg40 j Dollars 5) 1 Ea 4" Gate valve with Box Complete in place kias tich4 j.-.. Dollars $ 3,15-, O 0 6) 1 Ea Repair paved street crossing Lump Sum SB -2 Backfill material included • Dollars S 7oe.490 s 740-#2.5- 7) p0.= 7) 1 Ea Blow -off assembly \ .,Complete in place hillilamOL! 491 Dollars s 00 Total Bid $ /0 472 ie ITEM NO. Deductive Alternate Bid Schedule B VAN ASCHE STREET - GREGG AVENUE 8" Water Line Extension ESTIMATED QUANTITY AND DESCRIPT__ION UNIT** PRICE TOTAL 1) 1910 L.F. 8" D.I.P. Class 51 Complete in place Do r- D $_-9052Y, $1 j -k Dollars Dollars Dollars Dollars Dollars Collars i /ora L 21 D X8'/4'1-°° ** Unit prices to be shown in words and figures. In case of discrepancy amount shown in words will govern. The above unit prices shall include all labor, materials, bailing, shoring, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of Sixty (60) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within ten (10) days and deliver the Surety Bond or Bonds as required by Paragraph 8 of the General Conditions. The bid security attached in the sum of ,. 4- p is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the - delay and additional expense to the Owner caused thereby SEAL - if bid is by a corporation Respectfully Submitted: BY • /)44,4 1 (Business Address and ip Code) 6 7:2 2e)/ ARKANSAS PERFORMANCE AND PAYMENT BOND (14-604 Arkansas Statutes) KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) , hereinafter called "Principal" and (3) of , State of hereinafter called the "Surety", are held and firmly bound unto (4) , hereinafter called "Owner" in the penal sum of in lawful money of the United States, and truly to be made, said principals heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. dollars ($ ), for the payment of which sum well and Surety bind themselves, their 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, THEPWOFP.E, 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 toremain in full force and effect. - 7 jl • The Surety agrees the terms of this bond shall cover the payment by the principal of not less than the prevailing hourly rate of wages as determined by the Arkansas Department of Labor or U. S. Secretary of Labor, whichever is greater, to all workmen performing work under the contract. PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alternation, or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same, shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract as to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each of which shall be deemed an original, this day of , 19 . ATTEST: (PRINCIPAL) BY SECRETARY (PRINCIPAL) (TITLE) (SEAL) (ADDRESS) WITNESS AS TO PRINCIPAL (SURETY) ADDRESS ATTEST: SECRETARY (SURETY) (SEAL) WITLaSS AS TO A11Oru1EY-Iii-FACT ADDRESS BY ATTORNEY-IN-FACT ADDRESS 8 NOTE: Date of Bond must not be prior to date of Contract. (1) (2) (3) (4) (5) (6) (7) Correct name of Contractor A Corporation, a Partnership, Correct name of Surety Correct name of Owner If Contractor=..is Partnership, This bond must where the work ruction Must be executed by Arkansas Local be filed is to be or an individual, as case may be all partners shall execute with the Circuit Court of the County performed, prior to the start of const - bond 9 Resident Agency for Surety it CONTRACT AGREEMENT 1. This Contract and Agreement, made and entered into this day of ' March , 1985 , by and between the City of Fayetteville, Arkansas, Party of the First Part, acting through its' duly authorized representative, and Baldwin Construction Co. Party of the Second Part: WITNESSETH: 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 be furnished and to construct the improvements designated as Van Asche St/Gregg Ave. 8" water line extension for the City of Fayetteville, Arkansas, in exact accordance with the Plans on file at the office of the Party of the First Part, and Specifications, Proposals, Stipulations, and Special Provisions attached hereto and made a part hereof as fully as though copied herein, under the direct supervision and to the entire satisfaction of the Party of the First Part and in accordance with the laws 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 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. 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 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, provided that extensions of time with waiver of liquidated damages may be granted 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 Bend shall be conditioned on full and complete performance of this Contract and acceptance by the Water and Sewer Department 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 irM 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 Liability Insurance, Property Damage Insurance, and Workmen's Insurance in amounts as required by these Specifications. WITNESS OUR HANDS THIS DAY OF �x p� AC [QITNESS :i CITY CL _.-- 7-214 SEAL '(ice any) WITNESS: MARCH Public Compensation CITY OF FAYETTEVILLE FAME ��77 LE By C a tir , 1985 . MAY na6 ,i/w, &_%. 6. a,< CONTRACTOR BY V Ica NAME AD TITL BUSINESS ADDRESS <::�7sAf-{1x 'Corporate Seal here (if ,'\n f rtL'Yh. v i %.^.. .t,.ti. any) 11 227d 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 t� 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, wh n filed, fail to show that 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 cf 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. 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 fos 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. • • (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 cerson 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 INSTP.UCTIONS 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. TIiT OF COMPLETION AND LIOUIDATED 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 tae 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, -a11 articles necessary for giving first aid to the injured, and shall Hake 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 the following: of Van Asche Street -.-Gregg Avenue 8" A.C. Waterline Extension To furnish all labor, material, and equipment to construct the above waterline. 2. DEFINITION OF TERMS: Wherever in these they are understood to have Documents the following terms are used, the following meanings: AUTHORITY" shall mean the City of "OWNER" or "CONTRACTING 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 D 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 DOCU SENTS : 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 ecuipment to be furnished. - 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. provided: The following copies of the executed Contract Documents will be One for the Contracting Authority, One for the successful Bidder, One for the Engineer, One for the Surety, M One for filing with the Circuit Clerk in the County where the Work is to be performed. 5. 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 thisContract, -shall affect or modify any of the terms or obligations herein contained. • • 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 pf 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 Contrt, 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. 13 • • 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 limitsr 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 andto 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 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. WOR:Zi•iANSHIP 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, GPADIENT, AND ALIGNMENT: The Engineer shall set such stakes to proper line and grade as may be necessary for guidance oftheContractor 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 R S?ONSIEILITY 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 beenTsustained 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 PERIITS:, 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. ASSIGI- ENTS: 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 fofces 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 thereofby giving 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 abardon 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 CONTRACTI:G AUTHORITY'S RIGHT TO TERNINATE 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. I_` 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. • • • Pending settlement of disputes on any point the Engineer may suspend action on all or any part of Contractor shall not be entitled to any claim for reason of such delay, nor shall he be entitled to although such extension of time may be granted by deems it in the interest of the work. 21. TERMINATION FOR BREACH: of controversy, the work. The loss or damage by extension of time, the Engineer if he 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 afterthe 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 g'erve 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 ofmaterial 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 licui- dated damages incurred by the Contracting Authority on account of delays, may be granted the Contractor on account of his failute 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 c. 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. ti 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 in writing to the Engineer and the adverse party, either personally or by registered mail to the last known address of each, within ten (10) days of the receipt of the Engineer's decision, and in no case after final payment has been accepted. If the Engineer fails to make a decision within a reasonable time, a demand for arbitration may be made as if his decision had been rendered against the demanding party. (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 partes 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.