HomeMy WebLinkAbout52-89 RESOLUTION_
RESOLUTION NO. 52-89
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CHANGE ORDER IN THE CITY'S
ENGINEERING CONTRACT WITH CEI ENGINEERING
ASSOCIATES, INC. FOR THE DAVISON STREET SEWER
REPLACEMENT PROJECT TO AUTHORIZE ADDITONAL
ENGINEERING SERVICES FOR THE REPLACEMENT OF
SEWER MAINS SERVING THE 200 BLOCK OF EAST
CENTER STREET.
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a change order in the City's
engineering contract with CEI Engineering Associates, Inc. to
authorize additional engineering services for the replacement of
sewer mains serving the 200 block of East Center Street. A copy
of the contract authorized for execution is attached hereto marked
Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 6th day of June
APPROVED
By: aleirati
Mayor
, 1989.
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machtAci
AMENDMENT TO
AGREEMENT FOR ENGINEERING SERVICES
This is an amendment to the Agreement for Engineering
Services executed on the 12th day of April 1989 between the
City of Fayetteville, Arkansas and CEI Engineering Associates,
Inc. for the Davidson street Sewer Rehabilitation Project.
The City intends to increase the scope of the referenced
agreement to include an additional segment of sewer
rehabilitation; approximately 400 L.F. of 6" on or adjacent to
Center Street east of the Washington County Court House.
CEI Engineering Associates, Inc. agrees to perform the
various professional engineering services for the design and
construction of said additional segment.
Section B (Page -6) Compensation for Engineering Service,
from the referenced agreement shall be amended as follows:
The CITY shall compensate the ENGINEER in accordance with the
following schedule:
Part 1:
Part 2:
For professional services required to complete detailed plans
and specifications for the above referenced project, including
surveys for easement purposes and $2,000 for the preparation
of easements and plats for easement acquisition said amount
($2,000) to be adjusted based on actual easement requirements,
the CITY shall compensate the ENGINEER with the lump sum fee
of
$9,689.00 (Nine thousand six hundred eighty nine dollars)
The hourly rate for preparing plats and legal description for
easement purposes: will be $27.50 for a Registered Land ,
Surveyor
For professional services for the bid phase of the project,
through the recommendation of awards, the CITY shall
conpensate the ENGINEER with the lump sum fee of
$1,078.00 (One thousand seventy eight dollars)
(1)
Part 3: For professional services required to perform construction
management including one full time inspector for the entire
estimated construction period and preparation of "As -Built"
drawings, the CITY shall compensate the ENGINEER with the lump
sum fee of
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$7,533.00 (Seven thousand five hundred thirty three dollars)
Said amounts reflecting a proportional amount of a total
increase of $1,300.00 (one thousand three hundred dollars)
In contract price.
This amendment does not affect or alter any contract provision
other than what is clearly stated herein.
(2)
APPROVAL
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Amendment in
duplicate on the respective dates indicated below.
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CITY:
0 By
E McWETHY WILLIAM V. MRRTIN
Type Name Type Name
Title CITY Title
(SEAL)
CLERK
ATTEST: mce2?
Date
By
; MAYOR
AUGUST 4, 1989
ENGINEER:
Type Name. Mark C. JcIhnson Type Name
Title Project Engineer Title
Date
(3)
Robert E. Holmes
President
t
SPECIFICATIONS AND BID DOCUMENTS
FOR THE CITY OF
FAYETTEVILLE, ARKANSAS
DAVIDSON STREET
SEWER REHABILITATION
-1"
Prepared By
Bentonville Arkansas
FROM:
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CITY OF FAYETTEVILLE
CONTRACT/LEASE REVIEW
D OatteptC•514 01/6•• / Pi.* mortr
NAME DIVISION/DEPARTMENT
COMMENTS 4PLAMt 1.4644) CADHle_A Cre PeTt)
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BUDGET REVIEW:
BUDGET COORDINATOR
5.c.;
***************************************M******M*******Mat*
ACCOUNTING SUPERSLISOR
4
CITY JATTORNEV
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)/44S,R0
DATE
/-S-
DATE
PURCHAI AGENT DATE
I7ERNAL AUDITOR
DATE
ADVERTISEMENT FOR BIDS
City Administration Building
113 West Mountain
Fayetteville, Arkansas
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Separate and sealed BIDS for the repair or replacement of existing
sanitary sewer mains along six (6) different locations, all within the city
limits, and owned and maintained by the City of Fayetteville, Arkansas,
will be received at the offices of the City Engineer, City Administration
Building, 113 West Mountain, Fayetteville, Arkansas, until 2:00 p.m.,
November 8, 1989, and then at said offices all BIDS will be publicly opened
and read aloud. The BID envelope must be clearly marked "Bid for
Fayetteville Sanitary Sewer Rehabilitation Project". The Bidders BID BOND
must be enclosed in a separate envelope, but attached to the BID envelope.
The Rehabilitation Project will include the furnishing of all
necessary materials, supplies, tools, labor, supervision, and other
services 'required or necessary for the complete construction of the
following:
Approximately 6827 linear feet of SDR 35 PVC and approximately 160
linear feet of CL. 50 DIP sanitary sewer main pipe; 26 sanitary sewer
manholes; reconnection of existing service laterals; together with all
work necessary for a complete repair or replacement.
The CONTRACT DOCUMENTS consisting of Advertisement for Bids,
Instructions to Bidders, Bid Bond, Bid, Agreement, Payment Bond,
Performance Bond, General Conditions, Special Instructions, Special
Conditions, Detailed Specifications, Drawings, Attachments and Addenda, may
be examined in the office of the City Engineer, City Administration
Building, Fayetteville, Arkansas, 72701, and the office of CEI Engineering
Associates, Inc., 110 West Central, Bentonville, Arkansas, 72712.
Copies of the contract documents may be obtained from the offices of
CEI Engineering, Inc., upon payment of $50.00, non-refundable.
All bidders must be licensed under the terms of Act 150, Arkansas Acts
of 1965.
The City of Fayetteville reserves the right to reject any or all bids
and to waive any formalities in the bids. The City also reserves the right
to withhold the awarding of the contracts for a period of not to exceed
thirty days after opening of bids except with the consent of the bidder.
Dated the 20th day of October, 1989.
Purchasing Officer
City of Fayetteville
Fayetteville, Arkansas
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ADVERTISEMENT FOR BIDS
INSTRUCTIONS TO BIDDERS
BID BOND
BID
AGREEHENT
PAYMENT BOND
PERFORMANCE BOND
NOTICE OF AWARD
NOTICE TO PROCEED
CHANGE ORDER
GENERAL CONDITIONS
SPECIAL INSTRUCTIONS
SPECIAL CONDITIONS
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TABLE OF CONTENTS
et
TECHNICAL SPECIFICATIONS'
HANHOLE AND VALVE BOX REGRADING
EXCAVATION, TRENCHING, AND
BACKFILLING FOR UTILITIES
OBSTRUCTIONS
TREE REMOVAL
TESTING
EXCAVATION, EMBANKMENTS, BACKFILLING,
MANHOLE AND INLET CONSTRUCTION AND
MISCELLANEOUS SEWER AND WATER LINES
PIPE, FITTINGS, VALVES, FIRE HYDRANTS AND
OTHER MATERIALS AND EQUIPMENT AND THE
INSTALLATION THEREOF
MANHOLE AND INLETS
SPECIFICATIONS FOR PVC GRAVITY SEWER PIPE
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
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B-1
D-1
E-1
F-1
G-1
H-1
I-1
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K-1
L-1 -
SI -1,
SC -1,
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B-9
D-2
E-5
F-3
G-3
H-3
L-20
SI -2
SC -5
11-1 - 11-2
12-1 - 12-6
13-1 - 13-2
16-1
18-1 - 18-2
21-1 - 21-9
25-1 - 25-2
26-1 - 26-8
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B ids are due at the office of the City Engineer, Administration Building,
113 West Mountain, Fayetteville, Arkansas, 72701, no later than 200 p.m.,
on the eighth day of November, 1989.
No bidder shall divulge the information in the sealed bid to any person
whomsoever, except those having a partnership or other financial interest
with him in the bid, until after the sealed bids have been opened.
B ids which are incomplete, unbalanced, conditional, or obscure, or which
contain additions not called for, erasures, alterations or irregularities
o f any kind, or which do not comply with the Instruction 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.
4. UNIT PRICES AND FILLING IN BIDDING FORMS. Bidders must state a unit
price for each item or work named in the Engineer's estimate of quantities
o f work to be done. Unit prices shall include amounts sufficient for the
furnishing of all labor, materials, tools, equipment and apparatus of every
description, to construct, erect, and finish completely all of the work as
called for in the specifications or shown in the plans. Unit prices bid
and totals shown in the Proposal shall not include any of the costs of
e ngineering, advertising, appraising, or printing.
The price bid for each item must be stated in figures and in words in the
appropriate blank spaces provided on the bidding forms. The figures must
be clear and distinctly legible so that no question can arise as to their
intent and meaning. In case of a difference in the written words and
figures in a Proposal, the amount state in written words shall govern.
5. 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.
6, SIGNATURE ON BIDS. If the bid is made by an individual, his firm name
must be given, and the Proposal signed by him or his duly authorized agent.
If the bid is made by a partnership, the firm name and the names of each
member must be given, and the bid signed by a member of the partnership, or
a person duly authorized. If the bid is made by a company or corporation,
the company or corporate name must be given, and the bid signed by an
o fficer or agent duly authorized.
P owers of attorney, properly certified, for agents and others to sign bids
must be in writing and filed with the Owner.
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INSTRUCTION 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
o ffice of CEI Engineering Associates, Inc., shall constitute all of the
information which the Owner shall furnish. No other information given, or
sounding made by the Owner or any official thereof, prior to the execution
o f said contract, shall ever become a part of, or change the contract,
plans, profiles, specifications and estimates, or be binding on the Owner.
P rior to submitting any bid, bidders are required to read carefully the
specifications, contract and bonds, to examine carefully all plans,
profiles, and estimates, to visit the site of the work to examine carefully
local conditions, to inform themselves by their independent research and
sounding of the difficulties 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.
B idders shall rely exclusively upon their surveys, estimates,
investigations, surroundings and other things which are necessary for full
and complete information upon which the bid may be made and for which a
contract is to be awarded. The Proposal, providing for unit and lump sum
prices bid by the Contractor, contains a statement that all bids are made
with the full knowledge of the difficulties and conditions that may be
e ncountered, the kind, quality and quantity of the plans, work to be done,
e xcavation, and materials required and with full knowledge of the plans,
profiles, specifications and estimates and all provisions of the contract
and bonds. The submissions of •a bid shall constitute the acceptance of
these provisions.
2. APPROXIMATE ESTIMATE OF QUANTITIES. The Engineer's estimate of
quantities, approved by the Owner and on file in the offices of CEI
Engineering Associates, Inc., 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 and
lump sum prices bid for each item, shall determine the amount of each bid
for comparison of bids and aid in determining the lowest and best bidder
for the purpose of awarding the contract, and will be used as basis for
fixing the amount of the required bonds.
3. BIDS AND BIDDING FORMS. Bids must be made out in ink on bidding forms
included as part of these specifications. Bids shall be sealed and
addressed City of Fayetteville, Arkansas, and the title of the project, the
n ame of the contractor submitting the bid and the time and date for receipt
o f bids written on the envelope.
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_10. 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. Until the final award of the contract,
the Owner reserves the right to reject any and all Proposals, to waive
technicalities, and to advertise for new Proposals, or proceed to do the
work otherwise when the best interests of the Owner will be promoted
thereby.
11. 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 shall be deemed the lowest responsive
and responsible bid. Due consideration will be given to the reputation,
financial ability, experience and equipment of the bidder.
12. 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 thirty (30) days except with the
consent of the bidder. •The awarding of a contract upon a successful bid
shall give the bidder no right to action or claim against the Owner upon
the contract until the contract is reduced to writing and signed by the
contracting parties. The letting of a contract shall not be complete until
the contract is executed and the necessary bonds approved.
13. SUBCONTRACTOR. 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 subcontractor to commence work until he has
provided and obtained approval of such compensation and public liability
insurance as may be required. The approval of each subcontract 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.
14. MATERIALS GUARANTY. Before any contract is awarded the bidder may be
required to furnish a complete statement of the origin, composition, or
manufacture of any or all materials proposed to be used in the construction
of the work, together with samples, which may be subjected to tests
provided for in these specifications to determine their quality and fitness
for the work.
15. FAMILIARITY WITH LAWS. The bidder is presumed to be familiar with all
federal, 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.
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7. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in
accordance with the requirements of Act 150, Arkansas Acts of 1965, the
"Arkansas State Licensing Law for Contractors". Bidders who submit
proposals in excess of $20,000 must submit evidence of their having a
contractor's license before their bids will be considered, and shall note
their license number on the outside of their Proposal.
8. QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS. Each bidder, if
requested to do so by either the Owner or the Engineer, shall furnish
satisfactory evidence of his competency to perform the work contemplated.
The Owner reserves the right to reject a bid if the bidder has not
submitted, upon request, a statement of his qualifications prior to the
date of the opening of bids.
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9. DISQUALIFICATIONS OF BIDDERS. Any one or more of the following may be
considered as sufficient for the disqualification of bidders and the
rejection of bids:
More than one Proposal for the same work from an individual, firm,
partnerships, 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, or changes written in, or
amendments by letter. Failure to submit a unit price for each item of
work for which a bid price is required by the Proposal, or failure to
include all required contract documents.
Lack of competency as revealed by the financial statement, experience,
plant and equipment statements submitted. Lack of responsibility as
shown by past work judged from the standpoint of workmanship and
progress.
A bid by an unlicensed contractor bidding under a licensed
contractor's name.
Uncompleted work which, in the judgement of the Owner, might hinder or
prevent the prompt completion of additional work if awarded.
Being in arrears on existing contracts, in litigation with the Owner,
or having defaulted on -a previous contract.
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18. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and
withhold Arkansas income taxes, as required by Arkansas law, from wages
paid to employees, whether such employees are residents or non-residents of
Arkansas.
19. ANTI -KICKBACK PROVISION (WHERE APPLICABLE). When provided for in the
specifications, the Contractor shall comply with the regulations of the
S ecretary of Labor made pursuant to the Anti -Kickback Act of June 13, 1934,
40 U.S.C. 276 (c), and any amendments or modifications made thereto and
shall see that such provisions are included in all subcontracts. A copy of
such provisions is included hereinafter in these specifications.
20. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all
bidders is called to the provisions of Act 125, Arkansas Acts of 1965.
This act provides for payment for certain taxes on materials and equipment
brought into the state. It further provides for methods of collecting said
taxes. All provisions of this act will be complied with under this
contract.
21. INSURANCE. During the life of this contract, the successful bidder
shall carry insurance as hereinafter set out. Also, he shall require all
o f his subcontractors to carry insurance as outlined below, in case they
are not protected by the policies carried by the prime Contractor.
Insurance companies underwriting the required insurance shall be licensed
in Arkansas. Licensed companies are listed in the State Insurance
D epartment's Annual Report of the Insurance Commissioner.
In Arkansas, the prevailing law requires that insurance on public works
contracts be issued by and through a duly licensed agent resident in the
S tate of Arkansas. The mere countersigning by a resident agent is not
acceptable.
Insurance is to be approved by the Owner. If any insurance contracted for
becomes unsatisfactory or unacceptable to the Owner after the acceptance
and approval thereof, the Contractor shall promptly, upon being notified to
the effect, execute and furnish acceptable insurance in the amounts herein
specified. Upon presentation of acceptable insurance, the unsatisfactory
insurance may be canceled at the discretion of the Contractor.
The Contractor shall have his resident insurance agent submit to the Owner,
through the Engineer, a schedule of insurance policies proposed to be
furnished, which shall be approved before certificates of insurance and/or
policies are issued. Once the Owner has concurred in the proposal of
insurance coverages, the Contractor shall then furnish to the Engineer, in
the name of the Owner, certificates of insurance for the following:
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16. LABOR LAWS. The Contractor shall abide by all federal, state and local
laws governing labor. The Contractor further agrees to save the Owner
harmless from the payment of any contribution under the State Unemployment
Compensation Act, and the Contractor agrees that if he is subject to the
Arkansas State Unemployment Act, he will make whatever contributions are
required under and by virtue of the provisions of said Act.
17. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as
established by common usage in the city and adjacent community for the
various types of labor and skills performed. In case wage rates are
specified in the contract documents, the rates as specified shall be the
minimum rates which apply to the project. Whenever available, local common
labor shall be used and whenever practical, skilled and semi -skilled labor,
if available, shall be used.
The Contractor and each subcontractor, where the contract amount exceeds
$75,000.00 shall comply with the provisions of Act 74, as amended by Act
275 of 1969 (Arkansas Statute 14-630). The provisions are summarized
below.
The Contractor and subcontractor shall:
(1) pay the minimum prevailing wage rates for each craft or
type of workman and the prevailing wage rate for holiday
and overtime work, as determined by the Arkansas Department
of Labor.
(2) post the scale of wages in a prominent and easily
accessible place at the site of the work.
(3) keep an accurate record showing the name and occupation
and hours worked of all workmen employed by them, and the
actual wages paid to each of the workmen, which record
shall be open at all reasonable hours to the inspection of
the Department of Labor or the Owner, its officers and agents.
The Owner shall have the right to withhold from amounts due the Contractor
so much of accrued payments as may be considered necessary to pay the
workmen employed by the Contractor or any subcontractor, the difference
between the rates of wages required by this contract and the rates of wages
received by such workmen.
If it is found that any workmen employed 'by the Contractor or a
subcontractor has been or is being paid a rate of wages less than the rate
of wages required by this contract, the Owner may be written notice to the
Contractor, terminate his right to proceed with the work or such part of
the work and to prosecute the work to completion by contract or otherwise,
and the Contractor and his sureties shall be liable for any excess costs
occasioned thereby.
B-5
The Contractor shall submit to the Owner written evidence of insurance
upon the entire work at the site to the full insurable value thereof
including the interest of the Owner, the Contractor, the
subcontractors, •and any others with an insurable interest. The policy
shall insure against all risk of physical damage except as modified by
the contract documents and subject to the normal all-risk exclusions.
The policy by its own terms or by endorsement shall specifically
permit partial or beneficial occupancy prior to completion or
acceptance of entire work.
G. Other Insurance. The Contractor is to protect the Owner against all
loss during the course of the contract. If, due to the nature of the
project, insurance coverage other than that specified above is needed
by the Contractor to protect the Owner against all losses, the
Contractor is responsible for determining the type of insurance needed
and purchasing same.
Each insurance certificate and/or policy shall contain a clause
providing that it shall not be canceled by the insurance company
without fifteen (15) days written notice to the Owner of intention of
cancel. It shall be the responsibility of the Contractor to maintain
insurance as set out above, and to furnish current certificates and/or
policies.
22. PERFORMANCE BOND AND PAYMENT BOND. The Contractor shall furnish both
a surety performance bond and a payment bond, each equal to one hundred
percent (100%) of the contract price. The performance bond and the payment
bond shall be two totally separate bonds and shall bear two different bond
numbers.
The Contractor is to pay all expense in connection with the obtaining of
said bonds. The bonds shall be conditioned that the Contractor shall
faithfully perform the contract, and shall pay all indebtedness for labor
and materials furnished or performed in the construction of such
alterations and additions as prescribed in this contract.
The surety company issuing the bonds must be a solvent company on the
"Surety Companies Annual List" issued by the U.S. Department of the
Treasury, and the bonds are not to be issued in an amount greater than the
underwriting limitations for the surety company as set out therein.
Resident Agent Required. In Arkansas, prevailing law requires that
performance and payment bonds on public works contracts shall be executed
by a resident local agent who is licensed by the Insurance Commissioner to
represent the surety company executing said bonds, and filing with such
bonds his Power of Attorney as his authority. The mere countersigning of
the bonds will not be sufficient.
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A. Workmen's Compensation. Workmen's compensation, as required by the
laws of the state in which the work is to be done, shall be furnished.
In case any hazardous occupations are required for the execution of
the work which are not covered by the above insurance, special
employer's liability policies shall be obtained to cover workmen
engaged in such hazardous occupations.
B . Contractor's Public Liability Insurance and Property Damage Insurance.
This insurance shall provide bodily injury of $200,000.00 for each
person and $500,000.00 for each accident; and property damage of
$200,000.00 for each accident. This insurance shall be endorsed to
cover explosion collapse and underground hazards, and blasting.
C. Motor Vehicle Public Liability and Property Damage Insurance. This
policy shall provide bodily injury of $200,000.00 for each person and
500,000.00 for each accident; and property damage of $200,000.00 for
each accident.
D . Owner's and Engineer's Contingent Protective Liability Insurance. The
Contractor shall indemnify and save harmless the demands, payments,
suits, actions, recoveries and judgments of every nature and
description brought or recovered against them by reason of any
omission or act of the Contractor, his agent or employees in the
execution of the work of in the guarding of it. The Contractor shall
obtain in the name of the Owner and Engineer (either as co-insured or
by endorsement), and shall maintain and pay the premiums for such
insurance in an amount not less than $200,000.00 property damage and
$500,000.00 bodily injury limits, and with such provisions as will
protect the Owner and Engineer from contingent liability under this
contract.
E . Builder's Risk Insurance. The Contractor shall procure and maintain
during the life of the contract builder's risk insurance (fire,
lightning, extended coverage, vandalism and malicious mischief) on the
insurable portion on a 100 percent completed value basis, against
damage to the equipment, structure or material. The Contractor, his
subcontractors, and the Owner (as their interest may appear shall be
named as the insured).
F. All -Risk Floater Insurance. Until the project is completed and is
accepted by the Owner, the Contractor is required to maintain an all-
risk installation floater policy. .
B-7
BID BOND
KNOW ALL PERSONS BY THESE PRESENT, 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, successois and assigns.
Signed, this
day of , 1989.
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, THEREFORE,
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute and
deliver a contract in the Form of Contract attachment hereto
(property completed in accordance with said BID) and shall
furnish a BOND for faithful performance of said contract, and for
the payment of all performing labor furnishing materials in
connection therewith, and shall in all other respects perform the
agreement created by the acceptance of such 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 an all claims hereunder
shall, in no event, exceed the penal amount of this obligation as
as herein stated.
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The date of the bonds, and of the Power of Attorney, must not be prior to
the date of the contract. At least six copies of the bonds shall be
furnished, each with Power of Attorney attached.
Bonds are to be approved by the Owner. If any bonds contracted for become
unsatisfactory or unacceptable to the Owner after the acceptance and
approval thereof, the Contractor, upon being notified to that effect, shall
promptly execute and furnish acceptable bonds in the amounts herein
specified. Upon presentation of acceptable bonds, the unsatisfactory bonds
may be canceled at the discretion of the Contractor.
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AMERICAN STATES INSURANCE COMPANY
INDIANAPOLIS, INDIANA
BID OR PROPOSAL BOND
Know all Men by these Presents,
That we, FAYETTE TREE & TRENCH, INC.
P. O. BOX 471
FAYETTEVILLE, ARKANSAS 72702
of (hereinafter called the Principal),
as Principal, and AMERICAN STATES INSURANCE COMPANY (hereinafter called the
Surety), as Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
(hereinafter called the Obligee) in the penal sum of ..52__DE__AMODNI___O_F_ Rip
Dollars ($:g OF BID Alt. for the payment of which the Principal
and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
SIGNED and SEALED this 8th day of NOLVEHBER 19_89
THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal
has submitted or is about to submit a proposal to the Obligee on a contract for
DAVIDSON STREET SEWER REHABILITATION PROJECT, FAYETTEVILLE, ARKANSAS, REFAIR__OR
REPLACEMENT OF EXISTING SANITARY SEWER MAINS ALONG SIX (k) DIFFERENT LOCATIONS.
NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Princi-
pal shall, within such time as may be specified, enter into the contract in writing, and give bond, if
bond be required, with surety acceptable to the Obligee for the faithful performance of the said con-
tract, then this obligation shall be void; otherwise to remain in full force and effect.
Form 9-1027
6-62
FAYETTE TREE & TRENCH, INC.
BY:
By...... _ _
CAN ST INSURANCE COMPANY
,1
AttorneY-in-Fact
The Surety, for value received, Sereby stipulates and agrees that the
obligations of said Surety and its BOND shall in no way be 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
Surety
By:
(L.S.)
IMPORTANT Surety companies executing BONDS must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized
to transact business in the state where the project is located.
D-2
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