HomeMy WebLinkAbout110-90 RESOLUTION 110A-90•
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RESOLUTION N0. 110P-90
A RESOLUTION AUTHORIZING A CONTRACT BETWEEN
THE CITY OF FAYETTEVILLE AND MCCLINTON-ANCHER
AS THE LOW -BIDDER, TO CONSTRUCT THE ASBELL
SOCCER FIELDS.
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 contract in the amount of
$14,869.00 with McClintion-Ancher as the low -bidder, to construct
the Asbell Soccer Fields. A copy of the contract authorized for
execution hereby is attacned hereto marked Exhibit "A" and made a
part hereof.
,PASSED AND APPROVED this 3tCl._ day of July , 1990.
APPROVED:
B.y:i!'
Asst. Mayor
C
ATTEST:
71—By
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PEGGY BATES
PURCHASING OFFICER
(501) 575-8281
INVITATION TO BID
CITY OF FAYETTEVILLE, ARKANSAS
EXHIBIT "A"
MAILING ADDRESS:
PURCHASING DEPT.
113 W. MOUNTAIN
CITY ADMININSTRATION BLD(
ROOM 307
FAYETTEVILLE, ARKANSAS
72701
810 NUMBER:
90-34 I DATE ISSUED:
June 22, 1990 DATE .1 TIME OF BID OPENING:
July 91 1990 11)};30 a.m.
COMMODITY CLASSIFICATION: I BUYER:
Peggy Bates Rep CONTRACT PERIOD OR DATE
DELIVERY REQUIRED: 30 days A.R.O.
F.O.B.: BUYER'S PHONE P BIDDERS GUARANTEED
Fayetteville, AR 1501/575 8289 DELIVERY DATE:
ITEM NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICING
1 Sprinkler Systems for Soccer fields at
Asbell School. 4
(see attached blueprint and
specifications.)
ADDENDUM #1: BID OPENING TIME
CHANGED TO 10:30
* BIDDERS SHALL INCLUDE TAX AS A SEPARATE LINE
ITEM. TAX AMOUNT WILL NOT BE CONSIDERED IN
EVALUATION OF TOTAL BID PRICE.
EXECUTION OF BID
Upon signing this Bid, the bidder certifies that they have read and agree to the requirements set forth in this bid proposal
including specifications, terms and standard conditions, and pertinent information regarding the articles being bid on, and
agree to furnish these articles at the prices stated.
UNSIGNED
BIOS
WILL BE
REJECTED
NAME OF FIRM: I PHONE NUMBER ARKANSAS TAX PERMIT NUMBER:
BUSINESS ADDRESS STREET CITY STATE ZIP
SIGNATURE OF AUTHORIZED PERSON I TITLE I DATE
ARKANSAS PREFERENCE REQUESTED: YES ( ) NO ( )
CASH DISCOUNT 'b DAYS
INVITATION TO BID
CONTINUATION SHEET
BID NO.: 90-34
EXHIBIT "A"
PAGE 1 OF 1
1. All piping shall be 200 PSI PVC.
2. Zone valves shall be bronze gate valves'
3. Sprinkler heads shall be Hunter #I-25 or equal.
4. Provide 2" backflow preventor and 2" pressure reducing
valve at new 2" meter. Meter is not in contract.
5. Use PVC: primer prior to applying cement at all PVC joints.
6. Provide heavy duty plastic valve boxes buried at all
valves and accessories. Provide latching covers at each.
7. Provide drain valves at all branches and low spots.
8. All work shall be in accordance with the Arkansas State
Plumbing code and local authorities.
9. All piping shall be buried a minimum of 12". 'Compact
during backfill and smooth over surface, allowing for
future settlement.
10. Backfill with. -pure soil where rocks are present.
11. A11 systems and components shall be completely warranted
including full field coverage for a period of one year
from date of completion.
EXHIBIT "A"
TERMS AND STANDARD CONDITIONS
CITY OF FAYETTEVILLE, ARKANSAS
'PLEASE READ CAREFULLY'
1. When submittingan'InvitationtoBid; thebidderwarrantsthatthecommoditiescoveredbythebidshallbefreefromdefectsinmaterialandworkmanshipundernormaluse
and service. In addition, bidder must deliver new commodities of the latest design and model, unless otherwise specified in the 'Invitation to Bid.'
2. Prices quoted are to be net prices, and when an error is made in extending total prices, the City may accept the bid for the lesser amount whether reflected by extension
or by the correct multple of the unit price.
3. Discounts offered will be taken when the City qualifies for such. The beginning date for computing discounts will be the date of invoice or the date al delivery and
acceptance, whichever is later.
4. When bidding other than the brand and/or model specified in the Invitation to Bid; the brand and/or model number must be stated by that item in the'Invitation to Bid,
and descriptive literature be submitted with the bid.
5. The City reserves the right to reject any and all bids.
6. The Purchasing office reserves the right to award items, all or none, or by the fine item(s).
7. Quality, time and probability of performance may be factors in making an award.
8. Bid quotes submitted will remain firm for 30 calendar days from bid opening date; however, the pores may remain firm for a longer period of time if mutually agreeable
between bidder and the City Purchasing Department.
9. Bidder must submit a completed, signed copy of the front page of the 'Invitation to Bid' and must submit any other information required in the 'Invitation to Bid.'
10. In the event a centrads entered into pursuant to the 'Invitation to Bid,' the bidder shall not discriminate against any qualified applicant for employment because of race
sex, color, creed, national origin or ancestry. The bidder must include in any and all subcontracts a provision similar to the above.
11. Sales • tax is • to be included in the bid price. Although use tax is not to be included in this bid,
vendors are to register and pay tax direct to the Arkansas State Revenue Department.
12. Prices quoted shall be 'Free on Board' (F.O.B.) to destination at designated City facility in Fayetteville. Charges may not be added after the bid is opened.
13. Arkansas Preference must be requested on the bid to be considered as a factor in awarding a contract.
14. In the event of two or more identical low bids, the contract may be awarded arbitrarily or for any reason to any of such bidders or split in any proportion between them at
the discretion of the Purchasing Department.
15. Specifications furnished with this Invitation are intended to establish a desired quality or performance level, or other minimum dimensions and capacities, which will
provide the best product available at the lowest possible price. Other than designated brands and/or models approved as equal to designated products shall receive
equal considerat on. When an 'or equal' product is bid, the City shall be the sole arbiter as to whether that product is equal to the one specified.
16. Samples of items when required, must be furnished free, and, if not called for within 30 days from date of bid opening, will become property of the City.
17. Bids received after stated time for opening will not be considered.
18. Guarantees and warranties should be submitted with the bid, as they may be a consideration in making an award.
19. CONSTRUCTION
A. When noted, the Contractor is to supply the City with evidence of having and maintaining proper and cornplete hsurance, specifically Workman's Compensation
Insurance in accordance with the laws of the State of Arkansas, Public Liability and Property Damage. All premiums and cost shall be pad by the Contractor. In
no way will the City be responsible in case of accident.
B. When noted, a Certified check or bid bond in the amount of 5% of total bid shall accompany bid.
C. A Performance Bond equalling the total amount of any bid exceeding $10,000.00 must be provided for any contrail for the repair, alteration or erection of any
public building, public structure or public improvement (pursuant to Ad 351 of 1953 as amended by Ad 539 of 1979).
20. LIQUIDATED DAMAGES — Liquidated damages shall be assessed beginning on the first day following the maximum delivery or completion time entered on this bid
form and/or provided for by the plans and specifications.
21. AMBIGUITY IN BID —Any ambiguity m any bid as the result of omission, error, lack of clarity or non-compliance by the bidder with specifications, instructions, and all
conditions of bidding shall be construed in the light most favorable to the City.
22 The bid number should be stated on the lace of the sealed bid envelope. If ft is not, the envelope will have to be opened to identify.
23. Whenever a bid is sought seeking a source of supply for a specified period of time for materials and services, the quantities of usage shown are estimated ONLY. No
guarantee or warranty is given or implied by the participants as to the total amount that may or may not be purchased from any resulting contracts. These quantities are
for the bidders information ONLY and will be used for tabulation and presentation of bid and the participant reserves the right to increase or decease quantities as
required.
24. The City of Fayetteville reserves the right to reed any and all bids, to accept in whole or in part, to waive any informalities in bids received, to accept bids on materials
or equipment with minor variations from sped/ cations in those cases where efficiency of operation will not be imparted, and unless otherwise specified by the bidder, to
accept any item in the bid. If unit prices and extensions thereof do not coincide, the City of Fayetteville may accept the bid for the lesser amount whether reelected by
the extension or by the correct multiple of the unit price.
25. Additional information of bid forms may be obtained from:
Purchasing Department
City Administration Building
Room 209
113 W. Mountain
Fayetteville, AR 72701
(501) 575-8281
EXHIBIT
NOTICE TO BIDDER
BID NO. 90-34
COMMODITY:Sprinkler System Addition for Asbell Park
The City of Fayetteville, Arkansas will receive sealed bids at
the Purchasing Office, City Hall, 113 West Mountain Street,
Fayetteville, Arkansas until 10:30, July 9, 1990 for the
furnishing of Sprinkler System Addition for Asbell Park
Bid forms and specifications may be obtained from the Purchasing
Office, located in Room 307, 3rd floor of the City Administration
Building.
The City reserves the right to reject any and all bids and to
waive any formalities deemed to be in the City's best interest.
Peggy Bates
Purchasing Manager
Publish June 25, & July 2, 1990
1. Northwest Arkansas Times
Billing refer to P.O. # 23979
CONTRACT DOCUMENTS
AND
CONSTRUCTION SPECIFICATIONS
FOR
SOCCER FIELD AT ASBELL SCHOOL
FAYETTEVILLE, ARKANSAS
PREPARED BY
JORGENSEN & ASSOCIATES
CONSULTING ENGINEERS
FAYETTEVILLE, ARKANSAS
JUNE, 1990
CONTRACT DOCUMENTS
AND
CONSTRUCTION SPECIFICATIONS
FOR
SOCCER FIELD AT ASBELL SCHOOL
FAYETTEVILLE, ARKANSAS
PREPARED BY
JORGENSEN & ASSOCIATES
CONSULTING ENGINEERS
FAYETTEVILLE, ARKANSAS
JUNE, 1990
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TABLE OF CONTENTS
PROPOSAL (BID FORM)
UNIT PRICE SCHEDULE
CONTRACT
PERFORMANCE AND PAYMENT BOND
GENERAL CONDITIONS
SPECIAL CONDITIONS
TECHNICAL SPECIFICATIONS
SECTION 1 -
Soccer Field Construction
PROPOSAL
(BID FORM)
Place CIIN 4iAu. -+ \'VtU.t;
• Date Svtr`t 9,l190 -l4:oo p,M.
Proposal of ftYftCi pCR.10045A,5, I NC.. - M.°GUnron►-AJC.kk t , DoitStorJ
a corporation organized and existing under the laws of the State of
IDCLAWARC
or
Proposal of
a partnership consisting of
or
Proposal of
an individual doing business as
TO: City of Fayetteville
113 W. Mountain
Fayetteville, Apk: 72/03
This bid results from your invitation for bids for Construction of a
soccer field at Asbeli School.
The undersigned bidder having visited the site of the work, having examined
the Plans, Specifications, and other Contract Documents, including all Addenda,
and being familiar with all of the conditions relating to the construction of
the proposed project, hereby proposes to furnish all material, supplies,
equipment, and appliances specified for incorporation into the project, and to
furnish all labor, tools, equipment, and incidentals to complete the work in
accordance with the Plans, Specifications, and other Contract Documents at the
price stated herein. This price is to cover all expenses incurred in performing
the work required under the Contract Documents of which this Proposal is a
part.
The undersigned bidder agrees to begin work within ten(10) calendar days
after issuance by the Owner of a "Work Order" or "Notice to Proceed" and to
complete the work within 30 calendar days thereafter. Should the work fail
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1.
Bidder acknowledges receipt of the following addendum (addenda):
Dated
Dated
Dated
The undersigned Bidder agrees that this bid shall be good and shall
not be withdrawn for a period of sixty (60) calendar days after the opening
thereof. If written notice of the acceptance of this Proposal is mailed,
telegraphed, or delivered to the undersigned within sixty (60) days after the
opening thereof, or at any tisk thereafter before this Proposal is withdrawn,
the undersigned agrees to execute and deliver an Agreement in the prescribed
form, and furnish the required Performance and Payment Bond, within ten (10)
days after the Agreement is presented to him for signature.
It is understood by the undersigned Bidder that the Owner reserves
the right to reject any and all bids.
Accompanying this Proposal as bid security is certified check bid
(Strike One)
bond in the amount of -Not Requirea-
Dollars
($ ), being not less than five per cent (5%) of the
total of the bid. If the undersigned Bidder is the successful Bidder, but
fails or refuses to execute the Contract and furnish the required bond within
the prescribed ten (10) days of the notification of award, then this bid
security is to become the property of the Owner as liquidated damages for the
delay and additional expense to the Owner caused by such failure or refusal.
(Witness)
z4'oNOM lb SLOCaL_
E Zrit iLI.,I.'ri PJ- !.#' S&S 1z'1,o v.
(Address
SEAL (If Bidder is a corporation)
NOTES:
mu_ migs05061I))co-M=Ww b J>ao D�t�s`anl
K:y✓�y� 47l
(Name of Bidder)d dP�
Is.
SAMtS f.. c-OLC vtoe4, Pats�i gf..
(Print Name and Title) K"
ZMO No4-il aoc.0
Fi``iellitVIAAA5 AQVPNSQs "it1ot-
(Office Address of Bidder)
Sign in ink. Do not detach.
Items must be bid upon as specified
in the Unit Price Schedule.
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SOCCER FIELD
AT
ASBELL SCHOOL
FAYETTEVILLE, ARKANSAS
UNIT PRICE SCHEDULE
ITEM ESTIMATED ITEM
NO. QUANTITY DESCRIPTION
1. 1050 C.Y.
2. 385 C.Y.
3. 1007.
Fill Placed and
Compacted
Top Soil Placed
& Graded
Establish Grass
TOTAL BID
UNIT
PRICE
$ too./G.`I.
$ IZ.ZD/Gy.
$ 1,8.00 L.S.
AMOUNT
BID
$ 1,35o.o0
$ L169l.oO
$Z1BZZ.00
$ 4)061.00
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CONTRACT
THIS AGREEMENT made this lith- day of •
by and between APAC Arkansas,Inc.-McClinton-Anchor (
organized and existing under the laws of the State
partnership consisting of
July 1990,
a Corporation
of Arkansas). (a
(Strike out the two terms not applicable) hereinafter called the
i"Contractor" and City of Fayetteville.
hereinafter called the "Owner."
WITNESSETH
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That the Contractor and the Owner for the consideration stated
"herein mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all
"supervision, technical personnel, labor, materials, machinery, tools,
equipment, incidentals and services, including utility and transporta-
tion service and perform and complete all work required for soccer field
at Asbeli School in strict accordance with the plans and specifications
attached herewith as prepared by the Engineer.
ARTICLE 2. The Contract Price. The Owner will pay the Contrac-
tor because of his performance of the Contract, for the total work
performed the lump sum price and unit prices as stipulated in the
Proposal attached herewith. Said lump sum price shall be full com-
1 pensation for all work performed as detailed by the plans and shall
include all incidentals. Said price shall be subject to additions or
deductions as follows. The owner may make alterations, may change
the work or omit from the work covered by this Contract. Charges or
'lithe
credits for this additional work (or ommtsion of work) shall be based
on the unit prices stated in the Proposal provided the additional work
(or ommision of work) is of a similar nature. It is agreed that this
additional work (or ommision) shall not void this Contract). Completion
of this project shall include a final inspection certification and certi-
fication that all subcontractors and/or suppliers have been paid for
all work or materials supplied on this project.
ARTICLE 3. Contract Time. The Contractor agrees to begin work
within ten(1O) calendar days after issuance by the Owner of a "Work
"'within
or "Notice to Proceed" and to complete the work within 30
calendar days there after.
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ARTICLE 4. Contract. The executed Cotit act Documents shall consist
_of the following:
a.
b.
c.
d.
e.
This Agreement and Proposal
Drawings and Specifications
Final Inspection Certifications
Payment to subcontractors certification
General Conditions & Special Conditions
This Agreement, together with other documents enumerated in this ARTICLE 4,
,which said other documents are as fully a part of the Contract as if hereto
attached or herein repeated, forth the Contract between the parties hereto.
In the.event that any provisions in any component part of this Contract
'conflicts with any provision of any other component part, the conflict
shall be resolved by the Engineer whose decision shall be final.
ARTICLE 5. Surety. The Surety on the Performance -Payment Bond
Lail be a surety company of financial resources satisfactory to the
Owner and authorized to do business in the State of Arkansas.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
`be executed in three (3) counterparts, each of which shall be considered an
"original, on the day and year first above written.
AOAe =.fit/a/Msa-.s, /17,e .
Ale6/r --ASettin alai/ I-51
(Contractor)
Jiff Wet/Was"
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'City Clerk
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By
Title
Fa. Si//367
(Street)
!Q //tat ,A/z 7t70z.
(city)
(OwnerCity of Fdyetteville
By: zee lezun1./ 6425
rtin
(Mayor) William
ARKANSAS STATuTORY'PERFORMANCE AND PAYMENT BOND
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We,
or corporation)
(State whether individual, partnership
, as Principal,
hereinafter called Principal, and
as Surety,
hereinafter called Surety, are held and firmly bound unto
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Obligee, hereinafter called Owner, in the amount of
($ ), for the
payment whereof Principal and Surety bind themselves, their heirs, personal
representatives, successors and assigns, jointly and severally, firmly by
these presents.
Principal has by written agreement dated
entered into a contract with Owner for -
which contract is by reference made a part hereof,
and is hereinafter referred to as the Contract.
The condition of this obligation is such that if Principal shall faith-
fully perform the Contract on his part and shall fully indemnify and save
harmless -Owner from all costs and damage which it may suffer by reason of
failure so to do and shall fully reimburse and repay Owner all outlay and
expense which Owner may incur in making good any such default and, further,
that if Principal shall pay all persona all indebtedness for labor or materials
furnished or performed under said Contract, failing which such persons shall
have a direct right of action against Principal..and Surety, jointly and
severally, under this obligation, subject to Owner's priority, then this
obligation shall be null and void; otherwise, it shall remain in full force
and effect.
This Bond is given in accordance with the following laws of the State of
Arkansas: Act 368 of 1929, as amended, and Act 351 of -1953, as amended.
No suit shall be brought on this Bond outside the State of Arkansas -and
no suit shall be brought on this Bond except by Owner after six (6) month`
from the date final payment is made on the Contract. The six month period of
limitation is waived with respect to Owner and it is agreed that Owner may
bring suit on this Bond any time before suit against Principal would be barred.
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Any alterations which may be•made in the terms of the Contract, or in the
work to be done under it, or the giving by Owner of any extension of time for
the performance of the Contract, or any other forebearance on the part of
either Owner or Principal to the other shall not in any way release Principal
and Surety or Sureties, or either or any of them, their heirs, personal repre-
sentatives, successors or assigns, from their liability hereunder, notice to
Surety or Sureties of any such alteration, extension or forebearance being
hereby waived.
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In no event shall the aggregate liability of Surety exceed the sum set
out herein.
Executed this day of
(Principal)
BY
(Surety)
By
NOTES:
, 19
1. This bond form is mandatory. No other form mill be acceptable.
2. The date of the Bond meat not be prior to the date of the Contract.
3. Any surety executing this Bond must appear on the U. S. Treasury
Department's most current list (Circular 570, as amended) and be
authorized to transact business in the State of Arkansas.
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GENERAL CONDITIONS
GC.1 CONTRACT DOCUMENTS
A11.Contract Documents including the following; Bid Form,
General Conditions, Special Conditions, Construction or Detailed Specifications,
Material Specifications, Contract Form, Performance and Payment Bond Form, all
other documents bound herewith, Plans, bound herewith and separately, and all
Addenda are essential parts of the Contract.
GC.2 PERFORMANCE AND PAINT BOND
Promptly upon execution of the Contract, the Contractor, at his
expense shall furnish the Owner with a surety bond in the amount equal to one
hundred percent (10014) of the Contract price; issued in quadruplicate by a
corporate surety acceptable to the Owner and authorized to do business in the
State of Arkansas, signed or countersigned by an agent of the surety resident
in the State of Arkansas, with the issuing agent's power of attorney attached
to each copy of the bond, which bond shall be conditioned for the faithful
performance of the Contract and for the payment of all labor and material
bills. The bond shall be in form and substance identical to the form which is
made a part of these Contract Documents; that bond form is mandatory. However,
the terminology expressed is the bond form is not exclusively determinative of
the surety's responsibility; by the issuance of the bond, the surety shall be
liable for any failure of the Contractor to perform in accordance with the
Contract Documents, including initial or corrective performance and including
payment.of liquidated and consequential damages of the Owner, if applicable.
The liability of the surety for the Contractor's breach of any requirements of
the Contract Documents shall continue as long as the Contractor's liability
continues under the Arkansas Uniform Commercial Code and other applicable law.
The date of the Performance Bond shall not be prior to the date of
the Contract.
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GC.3 AWARD OF CONTRACTS
Bids will be considered on the basis of the total price given in the
bid forms.
The bidder to whom the Contract is to be awarded will be notified in
writing within thirty (30) days after receiving bids of its acceptance of his
Proposal. The Contractor shall complete the execution of the Required Bond
and Contract within ten (10) days of such notice.
GC.4 DEFINITIONS
The following words, or pronouns used in their stead, wherever used
in the Contract Documents shall have the following meanings•
GC -1
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"Contractor" - shall mean the individual, partnership or corporation
entering. into an agreement with the Owner to perform the work covered by these
specifications and his or their authorized agents or legal representatives,
and pronouns he, his and him shall refer to the Contractor whether an individual,
partnership or corporation.
"Engineer" - shall mean the person designated to act as Engineer for
the Owner or his duly authorized agents, such agents acting within the scope
of the particular duties entrusted to them.
The words "directed", "permitted", "otdered", "approved", or words
of similar import shall be understood to refer to the direction, permission,
orders, approval, etc., of the said Engineers.
"Sub -Contractors" - shall mean the individual, partnership or
corporation entering into an agreement with the Contractor to perform any
portion of the work covered by these specifications.
"Work" - shall mean the furnishing of all necessary labor, tools,
equipment, appliances, supplies and material other than materials furnished by
the Owner as specified to complete the construction covered by these specifica-
tions.
"Surety" - shall mean any person, firm or corporation that has
executed, as Surety, the Contractor's Performance Bond securing the performance
of the Contract.
"Plan" - shall mean the Drawings whichare a part of the Contract.
"Contract Documents" - shall mean all papers bound in this copy
entitled Specifications and Contract Documents, together with the Plans which
may be separately bound.
GC.5 INSURANCE
ficate of
insurance
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Before any work is commenced, the Contractor shall furnish a certi-
insurance addressed to the Owner, showing that he carries the following
which shall be maintained throughout the term of the Contract.
Workmen's Compensation Statutory Amount
Comprehensive General & Automobile
Insurance
Buddy Injury Liability
Property Damage Liability
GC -2
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$500,000 for each person injured
$1,000,000 for each accident
$250,000 for each accident
$500,000 aggregate
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If work includes pipelines or other underground structures, the
Property Damage Liability (Comprehensive General Liability Insurance) shall be
$250,000 each accident and $500,000 aggregate. The insurance shall include
explosion, collapse and underground coverage.
The -premiums for all insurance and the bond required herein shall be
paid by the Contractor.
It shall be the obligation of the Contractor to complete and deliver
to the Owner the structure required by these Contract Documents regardless of
any loss, damage to or destruction of the structure prior to delivery.
See GC.29 for Owner's and Engineer's Protective Liability Insurance.
GC.6 EXECUTION OF CONTRACT DOCUMENTS
Within tea (10) days of receipt of copies of the Contract, the
Contractor shall execute four (4) counterpart copies of the Contract Documents
and return them to the Owner. After execution by the Owner, one (1) copy each
shall be furnished the Contractor and his Surety.
GC.7 INTENT OF CONTRACT DOCUMENTS
The Contract Documents are complementary and what is called for by
any one shall be as binding as if called for by all.
The intention of the Contract Documents is to include all super-
vision,_labor, tools, equipment, transportation and materials other than
materials furnished by the Owner as specified necessary for the proper
execution of the work.
Materials or work described in words which so applied have a well
known technical meaning shall be held to refer to such recognized standards.
GC.8 DRAWINGS
The Engineer shall furnish to the Contractor, free of charge, three
(3) copies of Plans, Specifications and Contract Documents, in addition to the
executed copies necessary for the completion of the work. Other copies will
be furnished if requested by the Contractor at the cost of reproduction.
The Contractor shall keep one (1) copy of all drawings and Contract
Documents in good condition readily accessible at the site of the work available
to the Engineer and his authorized representatives.
GC.9 CONTRACTOR'S EMPLOYEES
The Contractor shall employ only competent skillful men on the work
and shall at all times enforce strict discipline and good order among his
employees.
The Contractor shall neither permit nor suffer the introduction or
use of spiritous liquors or controlled substances upon or about the work
embraced in this Contract.
GC -3
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The Contractor shall maintain a qualified superintendent on the job
at all times, who shall be the Contractor's agent responsible for the faithful
discharge of the Contractor's obligations under the Contract. The .Contractor
shall notify the Owner in writing of the designation of the superintendent and
his successors.
GC.10 PAYMENT OF NATERIerc - EQUIPMENT
Unless otherwise stipulated, the Contractor shall provide and pay
for all materials, labor, tools, equipment, water, light, power, transportation,
temporary construction of every nature and all other facilities necessary for
the execution and completion of the work.
GC.11 SANITARY PROVISIONS
The Contractor shall provide necessary toilets for the workmen,
properly secluded from public observation and shall comply with sanitary
regulations of the Health Department or any other authority having juris-
diction.
GC.12 LAWS - ORDINANCES
The Contractor shall keep himself fully informed of all existing and
future Federal, State and local laws, ordinances and regulations which in any
manner affect those engaged on the work or material or equipment used in or
upon the work or in any way affecting the conduct of the work. Lack of knowled
thereof is no defense to full performance of the Contract.
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GC.13 PERMITS - LICENSES
The Owner will secure easements across public or private property
permanently required for the pipelines at no cost to the Contractor.
The Contractor shall lease, buy, or otherwise make satisfactory
provision, without obligating the Owner in any manner, for any land required
outside the land provided by the Owner.
State Highway and Railroad Crossing Permits will be secured by the
Owner. All other permits and licenses necessary for the prosecution of the
work shall be secured and paid for by the Contractor.
GC.14 ROYALTIES AND PATENTS
The Contractor shall pay all royalties and license fees and shall
defend all suits or claims for infringement of any patent rights and shall
save the Owner harmless from any loss on account thereof. •
GC.15 PROTECTION OF WORK AND PROPERTY
The Contractor shall continuously maintain adequate protection of
all his work from damages and'shall protect the property of the Owner from
damage or loss.
GC -4
1
The Contractor shall protect adjacent or adjoining property or
properties in any way encountered in the prosecution of the work from any
damage or injury.
The Contractor shill indemnify aid save harmless the Owner, its
representatives and agents, from all claims, costs, expenses or liabilities
accruing in consequence of any act on the part of the Contractor or from
failure to properly guard the work in progress, the adjacent property or
persons using the streets or from any other causes whereby injury to property
or persons is caused.
If damage or injury is done to private or public property, the
Contractor shall restore or have restored at his expense such damaged property
to a condition equal or better than that existing prior to the damage.
The Contractor shall not interfere in any way with the work of any
other contractor on this project.
GC.16 QUALITY OF WORK AND PROPERTY
A11 property, materials and equipment shall be new and free of
defects upon completion of the Contractor's performance and unless different
standards are specified elsewhere in the Contract Documents shall be of the
best type and quality available for the purpose. All of the Contractor's work
shall be performed with the highest degree of skill and completed free of
defects and in accordance with the Contract Documents. Any work, property,
materials, or equipment not in conformance with these standards shall be
considered defective. If any work, property, materials or equipment is
discovered to have been defective or not in conformance with the Contract
Documents, whether said discovery is made before or after completion of
performance, the Contractor, at his expense, after written notice from the
Owner or Engineer, shall promptly replace or correct the deficiency and pay
any engineering costs and consequential expense or damage incurred by the
Owner in connection therewith If the Contractor fails to promptly correct
all deficiencies, the Owner shall have the option of remedying the defects at
the Contractor's cost. If the Contractor is required to furnish shop drawings
or designs the above provisions shall apply to such drawings or designs.
Neither the Owner's payment, acceptance, inspection or use of the
work, property, materials, or equipment, nor any other provision of the Contract
Documents shall constitute acceptance of work, property, materials, or equipment
which is defective or not in accordance with the Contract Documents. If the
Contractor breaches any provision of the Contract Documents with respect to
the quality of the work, property, materials, equipment or performance, whether
initial or corrective, its liability to the Owner shall continue until the
statute of limitations with respect to such breach of contract has expired
following discovery of the defect. All parts of Section 16 are cumulative to
any other provisions of the Contract Documents and not in derogation thereof.
If it is customary for a warranty to be issued for any of the property to be
furnished hereunder, such warranty shall be furnished, but no limitations in
any such warranty shall reduce the obligations imposed upon the Contractor in
the Contract Documents or by Arkansas Law, but if any greater obligations than
imposed in this Contract is specified in any such warranty or by Arkansas Law,
those greater obligations shall be deemed a part of this Contract and enforce-
able by the Owner.
GC -5
GC.17 INSPECTION OF WORK
The Engineer,. his authorized representative, and any Federal, State,
County or local authorty representatives having jurisdiction over any part of
the work or area through which.the work is located, shall at all times have
access to the work in progress.
The detailed manner and method of performing the work shall be under
the direction and control of the Contractor, but all work performed shall at
all times be subject to the inspection of the Engineer or his authorized
representative to ascertain its conformance with the Contract Documents. The
Contractor shall furnish all reasonable aid and assistance required by the
Engineer for the proper inspection and examination of the work and all parts
thereof.
The Engineer is not responsible for the Contractor's means, methods,
techniques, sequences or procedures of construction, or safety precautions and
programs incident thereto.
Inspectors may be appointed by the Engineer or Owner. Inspectors
shall have no authority to permit any deviation from the Plans and Specifica-
tions except on written order from the Engineer and the Contractor will be
liable for any deviation except on such written order. Inspectors shall have
authority, subject to the final decision of the Engineer, to condemn and
reject any defective work and to suspend the work when it is not being per-
formed properly.
The inspector shall in no case act as superintendent or 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 Contracto
shall in no way be construed as binding to the Engineer in any way or releasin
the Contractor from fulfilling all of the terms of the Contract.
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 pre-
viously overlooked and estimated for payment and payment therefor made by the
Owner.
All condemned or rejected work shall be promptly taken out and
replaced by satisfactory work. Should the Contractor fail or refuse to comply
with the instructions in this respect, the Owner may, upon certification by
the Engineer, withhold payment, proceed to terminate the Contract or perform
work as provided herein.
GC.18 TIM OF COr21ENCEMENT AND COMPLETION
The Contractor shall commence work within the time specified and the
rate of progress shall be such that the whole work will be performed in accor-
dance with the Plans, Specifications, and Contract Documents within the time
limit specified, unless an extension of time is made in the manner hereinafter
specified.
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GC.19 UNFORESEEN DIFFICULTIES
All loss or damages arising out of the nature of the work to be
performed under this Contract or from any unforeseen obstructions or difficul-
ties which may be encountered in the prosecution of the same, or from weather,
�' acts of God, strikes, work stoppages or slowdowns shall be sustained by the
Contractor.
GC.20 ALTERATIONS - OMISSIONS - EXTRA WORK
The Owner may, when deemed necessary, make alterations and modifi-
cations in the Specifications, or may change the work, or may omit from the
work covered by this Contract, any portion thereof or may order extra work
performed.
Charges and credits for all work of a similar nature as bid upon
shall be based on the unit prices stated in the Contract.
It is expressly agreed and understood that such alterations, addition
modifications or omissions shall not in any way violate or annul this Contract,
and the Contractor hereby agrees not to claim or bring suit for any damages,
whether for loss of profits or otherwise, on account of said changes.
Whenever, during the progress of the work, any additional work,
I. change, or modifications in the work contracted for is agreed upon as aforesaic
such additional work, change or modifications shall be considered and treated
as though originally contracted for, and shall be subject to all terms, condi-
tions and provisions of the original contract except that no extension of time
of completion shall be allowed owing to such additional work, change or
modification, unless the same is approved by the Owner.
In case extra work is encountered which is outside the scope of
these specifications and upon which the Contractor and Owner fail to agree
upon a price, the Contractor shall perform such work upon a basis of actual
cost plus fifteen percent (15%) for overhead, profit, etc. The actual cost
shall include the cost of labor, field supervision, equipment rental, material:
insurance, payroll taxes and any other costs directly chargeable to this part
of the work provided said costs are specified at the time of the change order.
It shall not include any allowance for office overhead, general supervision,
profit, etc., which are considered to be covered by the fifteen percent (15%)
allowances. All such work shall be under the terms of the original contract
without invalidating any of the terms thereof.
GC.21 DELAYS - EXTENSION OF TIME - LIQUIDATED DAMAGES
If the Contractor be delayed at any time in the progress of the work
by any act or neglect of the Owner, the Owner's Engineer or employees, or by
any separate contractor employed by the Owner, or by changes ordered in the
work or by strikes, lock -outs, fire, unusual delay in transportation, unavoid-
able casualty or any other cause beyond the Contractor's control, then the
time of completion shall be extended for such reasonable time as the Owner may
decide. Provided, however, said time of completion shall be extended upon. the
following conditions and no other:
,1 GC -7
I'
(a) Requests for extension of time shall be is writing. No extension
of time shall be granted automatically.
(b) The Contractor claiming an extension of time because of any of
the contingencies hereinabove mentioned shall, within seven (7) days of the
• occurrence of the contingency which justifies the delay, notify the Owner in
writing of his claim and the reasons therefor:
(c) In event of a continuing cause of delay only one claim is
necessary.
It is acknowledged between the parties to this Contract that the
Iwork to be performed by the Contractor will result in a benefit to all customers
. of the Owner and that a delay in completion of the work will be detrimental to
many customers of the Owner. It is further acknowledged that, while work is
in progress, the Owner shall incur an indeterminable amount of expense as a
result of necessary supervision of the work and other overhead and administra-
tive expenses.
It is, therefore, agreed that if there is a delay in the work beyond
the period elsewhere herein specified which has not been authorized as set
forth above, then the Owner may deduct from the Contract price the amount
stated in the Special Conditions, bound herewith, as liquidated damages.
GC.22 OWNER'S RIGHT TO DO WORK
If the Contractor should neglect to prosecute the work properly or
fail to perform any provision of the Contract the Owner, after three (3) days'
I. written notice to the Contractor, may without prejudice to any other right or
remedy the Owner may have, correct such deficiencies and may deduct the cost
thereof from any'paymenta then or thereafter due the Contractor.
GC.23 SUSPENSION OF WORK
Should contingencies arise to make such action necessary, the Owne:
shall have the right to suspend the whole or any part of the work for a period
not to exceed sixty (60) days by giving the Contractor notice in writing three
(3) days prior to the suspension.
The Contractor, after written notice to resume work shall begin
within ten (10) days from the date of such notice.
If the work or any part thereof shall be stopped by the Owner's
notice and the Owner fails to notify the Contractor to resume work within
sixty (60) days, the Contractor may abandon that portion of the work so
suspended and the Contractor shall be paid for all work performed on the
portion so suspended at unit prices quoted in the bid for completed work
involved at agreed prices on any extra work involved and at a fair and
equitable price for partially completed work involved.
i
GC -8
The Engineer may suspend work pending the settlement of any con-
troversy. The Contractor shall' not be entitled to any claim for loss or
damage by reason of such delay nor shall he be entitled to any extension of
time but an extension may be granted by the Owner in his discretion.
If the Contractor shall be adjudged a bankrupt or shall file a
petition for an arrangement or reorganization under the Bankruptcy Act, 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 solvency, or if he should
persistently or repeatedly refuse or should fail, except under conditions
where extension of time is approved, to supply adequate workmen, equipment and
material, or disregard laws, ordinances, or the instructions of the Engineer,
or otherwise be guilty of a violation of any provisions of the Contract, then
the Owner upon certification 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) days' written notice, terminate the
employment of the Contractor.
At the expiration of the said ten (10) days the Owner may immediatel;
serve notice upon the Surety to complete the work.
In case the Surety fails to comply with the notice within thirty
(30) days after service of such notice, the Owner may complete the work and
charge the expense of the completion, including labor, materials, tools,
implements, machinery or apparatus to said Contractor and the expense so
charged.shall be deducted and paid by the Owner out of such monies as may be
due or that may thereafter at any time become due to the Contractor under and
by virtue of this agreement. And in case such expense is less than the sum
which would have been payable under this Contract, if the same bad been com-
pleted by the Contractor, then said Contractor shall be entitled to receive
the difference. And in case such expense is greater than the sum which would
have been payable under this Contract, if the same had been completed by said
Contractor, then the Contractor and his Surety shall pay the amount of such
excess to the Owner on demand from said Owner or Engineer of the amount so
due.
GC. 25 PARTIAL PAYMENTS
At the end of each calendar month the Engineer shall prepare a
certificate estimating the total value of work done during the preceding
month.
The Owner shall thereafter pay to the Contractor on or about the
tenth day of the current month the amount due as established by the engineer,
including the value of submitted paid invoices covering construction materials
which are required for the work which are stored at the job site or in a
bonded warehouse, less retainage specified below, further less all previous
payments, further less five percent (5%) until the requirements of Section
GC.26 of the General Conditions have been satisfied, and further less all
amounts due the Owner.
GC -9
I•` Retainage shall be ten percent (10%) of the value of the work until
the work is fifty percent (50%) complete, as determined by the Engineer. No
I. further amounts will be withheld as retainage, as defined herein, after it has
been determined that the work is fifty
percent (50%) complete as described
above. Retainage shall not apply to materials described above.
GC.26 TAXES
State Law requires the Owner to withhold five percent (5%) of any
payment due a resident contractor until advised by the Commissioner of Revenues
that all use tax due the State has been paid by the Contractor or that he has
furnished bond to the State; five percent (5%) must also be withheld from a
non-resident contractor until advised that the Contractor has registered with
the State. The Contractor may avoid the five percent (5%) retainage by com-
plying with the law in advance of commencing performance. The five percent
(5%) retainage referred to in this paragraph shall be in addition to any other
•retained percentage referred to in the Contract Documents.
.' GC.27 PAYMENTS WIrnnKLD
The Owner may withhold payment to the Contractor in the event of
subsequently discovered evidence, nullify the whole or a part of any certificate
or estimate for payment to such extent as may be necessary to protect the
Owner from loss on account of:
(a) Failure of the Contractor to remedy defective work or repair
any pipeline leaks that may develop before or after any section of a pipeline
is tested; before or after any section of a pipeline is placed in service; or
at any time prior to the time that final payment is due.
(b) Any unpaid claims or reasonable evidence indicating probable
filing of such claims.
(c) Failure of Contractor to make payments properly to subcon-
tractors or for equipment, material or labor.
(d) A reasonable doubt that the Contract can be completed for the
balance then unpaid.
(e) Damage to another contractor.
(f) Failure to present proof of payment of applicable use taxes or
failure to post bond with the Commission of Revenues as security.
When the above grounds are removed, payment shall be made for amounts
withheld because of them.
GC. 28 FINAL PAYMENT AND ACCEPTANCE
Within thirty (30) days after satisfactory completion of the work
and the compliance by the Contractor with all provisions of the Specifications
and Contract Documents, the Owner shall pay to the Contractor the entire
amount due, less all previous payments.
GC -10
i
If the work includes pipelines; pumping facilities or other structures,
the Contractor shall maintain the work for a period of ninety (90) days following
its acceptance by the Owner.
All prior payments shall be subject to correction in the final
payment.
Prior to final payment the Contractor shall furnish the Owner with
satisfactory evidence that all persons who have done work or have furnished
equipment or material have been fully paid or shall file statements showing
balance due on all accounts.
The Owner
may
withhold
the amount of
any liable claims against the
Contractor pending
the
result of
legal or other
adjudication thereof.
CC. 29 G::?.CR' S AND ENGINEER'S PROT"CTIVE LIABILITY I.\SL'° ?
Section CC.15, PROTECTION OF W:CRK AND PRCPFRTY, recuires the
Contractor to indemnify and save harmless the Cwner and the rn^in+�sr
because of alleged liability of the Owner or the Engineer. The
Contractor shall exercise proper precaution for the protcctt_on of
persons and property. The Contractor shall obtain insurance rune
fling for the construction period of the project naming as the insured
theJorgensen & Associates, Consulting Engineers, 2863 CId Missouri
Rd., Fayetteville, Arkansas. Such insurance shall be in form and
substance similar to Railroad Protective Liability Policy es
approved by Federal, State, and Railroad agency Limits of fihhillty
shall be the following:
Bodily
Injury
Liability (Including Death)
$1,000,000
each occurrence
Physical Damage Liability (Damage to or Destruction to ^ropert•.
$250,000 each occurrence
$500,00 each aggregate
GC. 30 LINES AND GRADES
The Engineer will set all points and stakes as necessary to
control the work of the Contractor. Such control points and stakes :•._:
be sufficient means of alignment and grade control (as required).
The Contractor shall exercise diligence in the preservation .^,Z
conLropoints and stakes. Should any such become displaced, or shook
there be reason to believe that any such may have been displaced, t'E
Contractor shall notify the Engineer thereof icmnediately. Any
control point or stake requiring resetting because of the Contractor's
negligence, will be reset by the Engineer but at the expense of the
Contractor.
GC. -11
SC.1 GENERAL
In case of conflict between any of the Contract Documents,
priority of interpretation shall be in the following order: Signed
Agreement, Performance and Payment Bonds, Special Bonds (if any),
Proposal, Special Conditions of Agreement; Notice•to Contractors,
Technical Specifications, Plans, and General Conditions of Agreement.
SC.2 ENGINEER
The word "ENGINEER" in these Specifications shall be understood
as referring to.Jorgensen & Associates, Consulting Engineers, Fayettevill
Arkansas, ENGINEER of the OWNER, or such other representative as may
be authorized by said OWNER to act in any particular position.
SC.3 LOCATION OF PROJECT
This project is located within the proximity of the City of
Fdyetteville,.Arkansas. A map showing the general location is in-
cluded in the Plans.
SC.4 SCOPE OF WORK
The work to be performed under this Contract consists of
furnishing all materials, labor, supervision, tools and equipment
necessary for construction of a soccer field at Asbell School.
SC.5 TIME ALLOTTED FOR COMPLETION
The time allotted for completion of the work shall be
within ( 30) calendar days, which time shall begin within
ten (1O) days of the work order or notice to proceed, or upon the
date the Contractor moves on the site to begin the work, which-
ever is the earliest date.
After award of the Contract is made and the Contract
Documents are complete, the Engineer shall issue a Work Order
notifying the Contractor to proceed with the construction of the
project, subject to the provisions of this paragraph.
SC.6 FORMS, PLANS AND SPECIFICATIONS
Forms of Proposal, Contract and Bonds, and Plans and
specifications may be obtained from Jorgensen& Associates,
Consulting Engineers, 2863 Old Missouri Rd , Fayetteville,
Arkansas, upon payment of
No refund will be made.
SC -1
,,. SC.7 PAY ITEM DESCRIPTION
• The Proposal contains as list of unit price
price payment payment items and some
lump sum
items. The components of the various pay items are
discussed in the MEASUREMENT AND PAYMENT paragraph of these Specifications.
Of necessity the items described as components are discussed in a
general manner only, describing the major pieces of equipment and/or materials.
Any item and/or appurtenance not specifically mentioned shall be considered a
portion of the bid item to which, in the opinion of the Engineer, its functionis most directly related. Failure to list all• items and/or appurtenances does
not relieve the Contractor from furnishing all apparatus, devices, labor or
materials of whatever nature required for a complete and operating installation
in accordance with the intent of the Drawings, approved Shop Drawings and
these Specifications.
■ The successful Contractor shall, as soon as possible after award of
the Contract, submit a list itemizing the components of each lump sum bid item
and their respective costs to be used as an aid in the preparation of partial
payments.
SC.8 AWARD OF CONTRACT
Y The Owner will notify the successful Bidder in writing within thirty
• (30) days after the date of receiving bids of its acceptance of his Proposal.
• The Contractor shall complete the execution of the required Bond and Contract
within ten (10) days of such notice.
1. SC.9 LIQUIDATED DAMAGES FOR DELAY
• The Contractor agrees that time is the essence of this Contract and
• that for each day of delay beyond the number of calendar days herein agreed
upon for the completion of the work herein specified and contracted for after
due allowance for such extension of time as is provided for in. the General
Conditions of Agreement, the Owner may withhold, permanently, from the Con-
tractor's total compensation the sum of Two Hundred Fifty Dollars ($250.00) as
stipulated damages for each day of such delay.
SC.10
OF SITE OF PROJECT
Prospective bidders shall make a careful examination of the site of
the project, soil and water conditions to be encountered, improvements to be
protected, disposal sites for surplus materials not designated to be salvaged
materials, and as to method of providing ingress and egress to private pro-
perties, and methods of handling traffic during construction of the entire
project.
ISC.11 SEQUENCE OF CONSTRUCTION
No specific order or sequence of work is required. However, due to
the urgency of the project, the Contractor will be expected to staff the
• project as required in order to complete the work in the time allotted. The
SC -2
I'
1
Contractor shall submit a detailed work schedule to the Engineer for approval
as soon as possible after award of the Contract.
SC.12 ADDENDA
Bidders desiring further information or -interpretation of the Plans
or Specifications must make request for such information to the Engineer prior
to forty-eight (48) hours before the bid opening. Answers to all such requests
will be given in writing to all bidders, in addendum fors, and all addenda
will be bound with and made a part of the Contract Documents. No other
explanation or interpretation will be considered official or binding.
Should a bidder find discrepancies in, or omissions from, the Plans,
Specifications, or other Contract Documents, or should he be in doubt as to
their meaning, he should at once notify the Engineer in order that a written
addendum may be sent to all bidders. Any addenda issued prior to twenty-four
(24) hours of the opening of bids will be mailed or delivered to each Con-
tractor contemplating the submission of a Proposal on this work. The Proposal
as submitted by the Contractor will be constructed as to include any addenda
if such are issued by the Engineer prior to twenty-four (24) hours of the
opening of bids.
SC.13 PERMITS AND RIGHTS -op -WAY
All construction included herein is on public property or property
or casements owned by the. City of 'Fayetteville. H The Contractor
shall confine his operations to these properties and/or easements.
SC.14 REFERENCE SPECIFICATIONS
. Where reference is made in these Specifications to specifications
compiled by other agencies, organizations or departments, such reference is
made for expediency and standardization and such Specifications referred to
are hereby made a part of these Specifications.
SC.15 PUBLIC UTILITIES AND OTHER PROPERTY TO BE CHANGED
In case it is necessary to change or move the property of any owner
or of a public utility, such property shall not be moved or interfered with
until ordered to do so by the Engineer. The right is reserved to the owner of
public utilitieo to enter upon the limits of the project for the purpose of
making such changes or repairs of their property that:may be made necessary by
performance of this Contract.
SC-,-
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SC.16 USED 11ATERIALS
No material which has been used by the Contractor for any temporary
purpose whatever is to be incorporated in the permanent structure without
written consent of the Engineer. _-
SC.17 EXISTING STRUCTURES
The Plans show the locations of all known surface and subsurface
structures. However, the Owner assumes no responsibility for failure to show
any or all of these structures on the Plans or to show them in their exact
location. It is mutually agreed that such failure shall not be considered
sufficient basis for claims for additional compensation for extra work or for
increasing the pay quantities in any manner whatsoever, unlessthe obstruction
encountered is such as to necessitate changes in the lines or grades or
requires the building of special work, provisions for which are not made in
the Plans and Proposal, in which case the provisions in these Specifications
for extra work shall apply.
The Contractor shall be responsible for protection of all existing
structures and any damage caused by his operations shall be repaired immediately
without cost to the Owner. It shall be the responsibility of the prospective
Contractor to examine the site completely before submitting his bid.
SC.18 USE OF EXPLOSIVES
No blasting or use of explosives will be permitted on this project.
Where the work is carried on in or adjacent to any street, alley or
public place, the Contractor shall, at his own cost and expense, furnish and
erect such barricades, fences, lights and danger signals, shall provide such
watchmen, and shall provide such other precautionary measures for the pro-
tection of persons or property and of the work as are necessary. Pedestrian
safety and vehicle safety are of utmost importance on this project.
Barricades shall be painted in a color that will be visible at
1 night. From sunset to sunrise the Contractor shall furnish and maintain at
least one light at each barricade and sufficient number of barricades shall be
erected to keep vehicles from being driven on or into any work under construc-
tion. The Contractor shall furnish watchmen in sufficient numbers to protect
the work.
The Contractor will be held responsible for all damage to the work
due to failure of barricades, signs, lights, and watchmen to protect it and
whenever evidence is found of such damage, the Engineer may order the damaged
portion immediately removed and replaced by the Contractor at his cost and
expense. The Contractor's responsibility for the maintenance of barricades,
SC -4
signs and lights and for providing watchmen shall not cease until the project
shall have been accepted by the Owner.
SC.20 FENCES AND DRAINAGE CHANNELS
• Boundary fences or other improvements removed to permit the instal-
lation of the work shall be replaced in the same location and left in a condition
as good or better than that in which they were found except as indicated on
the Drawings. Such replacement or restoration shall be paid for as shown in
the Unit Price Schedule.
Where surface drainage channels are disturbed or blocked during
construction they shall be restored to their original condition of grade and
cross section after the work of construction is completed.
SC.21 DISPOSAL OF WASTE MATERIALS
All trees, stumps, slashings, brush or other debris removed from the
sites as a preliminary to the construction work shall be removed from the
property and disposed of in a manner approved by the Engineer.
All excavated earth in excess of that required for backfilling shall
be removed from the job site and disposed of in a satisfactory manner, except
in locations where, in the judgment of the Engineer, it can be neatly spread
over the adjacent area.
SC.22 WATER FOR CONSTRUCTION
Water used for the mixing of concrete testing or any other purpose
incidental to this project will be furnished by the Contractor. The Contractor
shall make the necessary arrangements for securing and transporting such water
and shall take such water in a manner and at such times that will not produce
a harmful drain or decrease of pressure in the City's water system. No separate
payment will be made for water used but the cost thereof shall be included in
the various items of the Proposal and Bid Schedule.
SC.23 GUARANTY AGAINST DEFECTIVE WORK
The Contractor shall indemnify the Owner against any repairs which
may become necessary to any part of the work performed under this Contract
arising from defective workmanship or materials used therein for a period of
one (1) year from the date of final acceptance of the entire project.
SC.24 COORDINATION WITH OTHERS
The Contractor shall coordinate his activities with other
Contractors that may be working on separate work in this area.
SC.25 MATERIAL STORAGE
Materials delivered to the site of the work in advance of their use
shall be stored so as to cause the least inconvenience and in a manner satis-
factory to the Engineer.
I SC -5
TECHNICAL SPECIFICATION
SECTION I: SOCCER FIELD CONSTRUCTION
The general scope of this project shall be for the contractor
to furnish all material and labor to install a soccer field
at Asbell School as shown on the attached drawings. The Owner
is interested in a lump sum price for the installation of
this field.
The soccer field to be constructed is refered to as soccer
field No. 1 and presently exists at Asbell School. This field
is presently uneven and periodically floods. Construction
shall proceed with the removal of any top soil from the existing
surface. Said top soil shall be stockpiled on the East and
West side of the field. The contractor shall then install
select fill "hillside gravel" within 4" of the plan finished
grade. All fill material shall be placed in 6" lifts and com-
pacted by sheeps foot to obtain a density of 90% (Standard
Method). Following installation of select fill material the
contractor shall then install 4" of top soil. Final grading
shall include the installation of drainage swales as indicated
on the plans to improve. drainage.
Grass shall be established by the placement of sprigs: (tiff
green) at approximately 16" on center. Sprigs shall be placed
approximately 2"-3" deep and the root system shall be covered
with top soil. The contractor shall water the field initially
and the Fayetteville Parks will continue regular watering.
It shall be noted that an underground sprinkler system shall
be installed by a separate contractor. The contractor for this
project shall coordinate his activities with underground piping
activities. The piping contractor shall install his pipe after
the soccer field contractor installs the top soil. The piping
contractor shall be responsible for leveling and restoring the
surface. The soccer field contractor can then commence place-
ment of grass.
SC.26 EXISTING UTILITIES AND SERVICE LINES
The Contractor shall be responsible for the protection of all existing
utilities or improvements crossed by or adjacent to his construction operations.
Where existing utilities or service lines are cut, broken or damaged, the
Contractor shall replace or repair immediately the utilities or service lines
with the same type of original material and construction, or better, at his
own cost and expense.
SC.27 TESTING, INSPECTION AND CONTROL
.Testing and control of all materials used in the work shall be done
by an approved commercial laboratory employed and paid directly by the Owner
unless otherwise specified in the Technical Specifications. The Contractor
shall furnish, at his own expense, all necessary specimens for testing of the
materials as required by the Engineer.
$C.28 CLEAN-UP
At the conclusion of the work all tools, temporary structures and
materials belonging to the Contractor shall be promptly removed and all dirt,
rubbish and other foreign substances shall be disposed of in a manner satis-
factory to the Engineer.
SC.29 BOND
Coincident with the execution of the Contract, the Contractor shall
furnish a good and sufficient surety bond in the full amount of the Contract
sum guaranteeing the faithful performance of all covenants, stipulations and
agreements of the Contract, the payment of all bids and obligations arising
from the execution of the Contract, which bills or obligations might or will
in any manner become a claim against the Owner, and guaranteeing the work
included in this Contract against faulty materials or poor workmanship for one
(1) year after the date of completion of Contract.
All provisions of the bond shall be complete and in full accordance
with statutory requirements. The bond shall be executed with the proper
sureties through a company licensed and qualified to operate in the State and
approved by the Owner. The issuing agent's power of attorney shall be attached
to the bond and the bond shall be signed by an agent resident in the State and
date of bond shall be the date of execution of the Contract. If at any time
during the continuance of the Contract the surety on the Contractor's bond
becomes irresponsible the Owner shall have the right to require additional and
sufficient sureties which the Contractor shall furnish to the satisfaction of
the Owner within ten (10) days after notice to do so. In default thereof, the
Contract may be suspended and all payments or money due the Contractor withheld.
SC.30 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
Three (3) sets of Plans and Specifications shall be furnished to the
Contractor, at no charge, for construction purposes. Additional copies may be
• obtained at cost of reproduction upon request.
SC -6
RESOLUTION NO. 11011-90
A RESOLUTION AUTHORIZING A CONTRACT BETWEEN
THE CITY OF FAYETTEVILLE AND MCCLINTON-ANCHER
AS THE LOW -BIDDER, TO CONSTRUCT THE ASBELL
SOCCER FIELDS.
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 contract in
the amount of
$14,869.00 with
McClintion-Ancher
as
the low -bidder,
to construct
the Asbell Soccer
Fields. A
copy of
the contract
authorized for
execution hereby
is attac`ned
hereto
marked Exhibit
"A" and made a
part hereof. _
PASSED AND APPROVED this lyd _ day of July , 1990.
APPROVED:
By: &. t/
Asst. Mayor
ATTEST:
By: 4/111 4y cartu.��
City C rk
EXHIBIT "A"
INVITATION TO BID MU C A INGRE
PURCHASING DEFT.
PEGGY BATES () r, 113 W. MOUNTAIN
PURCHASING OFFICER CITY OF FAYETTEEVILLEd, ARKANSAS CRYAQMININSTRATION BLCC
(501) 575.8281 ROOM 307
FAYETTEVILLE. ARKANSAS
72701
BID NUMBER: 90-34 l DATE ISSUED:
June 22, 1990
COMMODITY CLASSIFICATION: BUYER:
Peggy Bates. r
F.O.B.: I BUYER'S PHONE M:
Fayetteville, AR 501/575-8289
ITEM NO. DESCRIPTION
DATE & TIME OF BID OPENING:
July 9, 1990 10:30 a.m.
CONTRACT PERIOD OR DATE
DELIVERY REQUIRED: 30 days A.R.O.
BIDDERS GUARANTEED
DELIVERY DATE:
QUANTITY UNIT PRICE TOTAL PRICING
1 Sprinkler Systems for Soccer fields at
Asbell School.
(see attached blueprint and
specifications.)
ADDENDUM #1: BID OPENING TIME
CHANGED TO 10:30
* BIDDERS SHALL INCLUDE TAX AS A SEPARATE LINE
ITEM. TAX AMOUNT WILL NOT BE CONSIDERED IN
EVALUATION OF TOTAL BID PRICE.
EXECUTION OF BID
P2
Upon signing this Bid, the bidder certifies that they have read and agree to the requirements set forth in this bid proposal
including specifications, terms and standard conditions, and pertinent information regarding the articles being bid on, and
agree to furnish these articles at the prices stated.
NAME OF FIRM: I PHONE NUMBER ARKANSAS TAX PERMIT NUMBER:
UNSIGNED If
BIOS BUSINESS ADDRESS. STREET CITY STATE ZIP
WILL BE
REJECTED SIGNATURE OF AUTHORIZED PERSON TITLE DATE
ARKANSAS PREFERENCE REQUESTED: YES ( ) NO( )
CASH DISCOUNT % DAYS
BID NO.:
INVITATION TO BID EXHIBIT "A"
CONTINUATION SHEET
90-34a.Y PAGE 1 OF 1
1. All piping shall be 200 PSI PVC.
2. Zone valves shall be bronze gate valves.
3. Sprinkler heads shall be Hunter #I-25 or equal.
4. Provide 2" backflow preventor and 2" pressure reducing
valve at new 2" meter. Meter is not in contract.
5. Use PVC primer prior to applying cement at all PVC joints.
6. Provide heavy duty plastic valve boxes buried at all
valves and accessories. Provide latching covers at each.
7. Provide drain valves at all branches and low spots.
8. All work
shall
be
in accordance with the Arkansas State
Plumbing
code
and
local authorities.
9. All piping shall be buried a minimum. of 12". 'Compact
during backfill and smooth over surface, allowing for
future settlement.
10. Backfill with pure soil where rocks are present.
11. All systems and components shall be completely warranted
including full field coverage for a period of one year
from date of completion.
EXHIBIT "A"
TERMS AND STANDARD CONDITIONS
CITY OF FAYETTEVILLE, ARKANSAS
'PLEASE READ CAREFULLY'
1. When submitting an Invitation to aid, the bidderwartants that the commodities covered by the bid shall be free from defeds in material and workmanship under normal use
and service. In addition, bidder must deliver new commodities of the latest design and model, unless otherwise specified in the'Invitation to Bid'
2. Prices quoted are to be net prices, and when an error is made in extending total prices, the City may accept the bid for the lesser amount whether reflected by extension
or by the correct multiple of the unit price.
3. Discounts offered wilt be taken when the City qualifies for such. The beginning date for computing discounts will be the date of invoice or the date of delivery and
acceptance, whichever is later.
4. When bidding other than the brand and/or model specified in the Invitation to Bid, the brand and/or model number must be stated by that dent in the invitation to Bid'
and descriptive literature be submitted with the bid.
5. The City reserves the right to reject any and all bids.
6. The Purchasing office reserves the right to award items, all or none, or by the me item(s).
7. Quality, time and probability of performance may be factors in making an award.
8. Bid quotes submitted will remain firm for 30 calendar days from bid opening date; however, the prices may remain firm for a longer period of time it mutually agreeable
between bidder and the City Purchasing Department
9. Bidder must submit a completed, signed copy of the front page of the 'Invitation to Bid' and must submit any other information required in the 'Invitation to Bid'
10. In the event a contrail is entered into pursuant to the invitation to Bid,the bidder shad not discriminate against any qualified applicant for employment because of race,
sex, color, creed, national origin or ancestry. The bidder must include in any and all subcontracts a provision similar to the above.
11. Sales taxis to be included in the bid price. Although use tax s notto be included in thisbid,
vendors are to register and pay tax direct to the Arkansas Slate Revenue Department.
12. Prices quoted shall be Tree on Board' (F.O.B.) to destination at designated City facility in Fayetteville. Charges may not be added after the bid is opened.
13. Arkansas Preference must be requested on the bid to be considered as a factor in awarding a contract.
14. In the event of two or more identical low bids, the contract may be awarded arbitrarily or for any reason to any of such bidders or split in any proportion between them at
the discretion of the Purchasing Department.
15. Specifications furnished with this Invitation are intended to establish a desired quality or performance level, or other minimum dimensions and capacities, which will
provide the best product available at the lowest possible price. Other than designated brands and/or models approved as equal to designated products shall receive
equal consideration. When anon equal' product is bid, the City shall be the sole arbiter as to whether that product is equal to the one specified.
16. Samples of hems when required, must be furnished free, and, if not called for within 30 days from date of bid opening, will become property of the City.
17. Bids received after stated time for opening will not be considered.
18. Guarantees and warranties should be submitted with the bid, as they may be a consideration in making an award.
19. CONSTRUCTION
A. When noted, the Contractor is to supply the City with evidence of having and maintaining proper and complete insurance, specifically Workman's Compensation
Insurance in accordance with the laws of the Stale of Arkansas, Public Liability and Property Damage. All premiums and cost shall be paid by the Contractor. In
no way will the City be responsible in case.of accident.
B. When noted, a Certified check or bid bond in the amount of 5% of total bid shall accompany bid.
C. A Performance Bond equalling the total amount of any bid exceeding $10,000.00 must be provided for any contract for the repair, alteration or erection of any
public building, public structure or public improvement (pursuant to Ac 351 of 1953 as amended by Ad 539 of 1979).
20. LIQUIDATED DAMAGES — Liquidated damages shall be assessed beginning on the first day following the maximum delivery or completion time entered on this bid
form and/or provided for by the plans and specifications.
21. AMBIGUITY IN BID —Any ambiguity in any bid as the result of omission, error, lack of clarity or noncompliance by the bidder with specifications, instructions, and all
conditions of bidding shall be construed in the light most favorable to the City.
22. The bid number shouldbe stated on the face of the sealed bid envelope. If its not, the envelope will have to be opened to identity.
23. Whenever a bid is sought seeking a source of supply for a specified period of time for materials and services, the quantities of usage shown are estimated ONLY. No
guarantee or warranty is given or implied by the parliapants as to the total amount that may or may not be purchased from any resulting contracts. These quantities are
for the bidders information ONLY and will be used for tabulation and presentation of bid and the particpant reserves the right Co increase or decrease quantities as
required.
24. The City of Fayetteville reserves the right to rated any and all bids, to accept in whole or in part, to waive any informalities in bids received, to accept bids on materials
or equipment with minor variations from specifications in those cases where efficiency of operation will not be impaired, and unless otherwise speatied by the bidder, to
accept any hem in the bid. If unit prices and extensions thereof do not aancide, the City of Fayetteville may accept the bid for the lesser amount whether reflected by
the extension or by the correct multiple of the unit price.
25. Additional information of bid forms may be obtained from:
Purchasing Department
City Administration Building
Room 209
113 W. Mountain
Fayetteville, AR 72701
(501) 575.8281
EXHIBIT "A"
NOTICE TO BIDDER
BID NO. 90-34
COMMODITY: Sprinkler System Addition for Asbell Park
The City of Fayetteville, Arkansas will receive sealed bids at
the Purchasing Office, City Hall, 113 West Mountain Street,
Fayetteville, Arkansas until 10:30, July 9, 1990 for the
furnishing of Sprinkler System Addition for Asbell Park
Bid forms and specifications may be obtained from the Purchasing
Office, located in Room 3O7, 3rd floor of the City Administration
Building.
The City
reserves the
right
to
reject any and
all
bids and to
waive any
formalities
deemed
to
be in the City's
best
interest.
T�
Peggy Bates
Purchasing Manager
Publish June 25, & July 2, 1990
1. Northwest Arkansas Times
Billing refer to P.O. # 23979
CONTRACT DOCUMENTS
AND
CONSTRUCTION SPECIFICATIONS
FOR
SOCCER FIELD AT ASBELL SCHOOL
FAYETTEVILLE, ARKANSAS
PREPARED BY
JORGENSEN & ASSOCIATES
CONSULTING ENGINEERS
FAYETTEVILLE, ARKANSAS
TUNE, 1990
TABLE OF CONTENTS
PROPOSAL (BID FORM)
UNIT PRICE SCHEDULE
CONTRACT
PERFORMANCE AND PAYMENT BOND
GENERAL CONDITIONS
SPECIAL CONDITIONS
TECHNICAL SPECIFICATIONS
SECTION 1- Soccer Field Construction
PROPOSAL
(BID FORM)
Place C(N FIAw l A`iE'�JIU�
Date Svt>t 9, 090 - lt: o o A M .
Proposal of k?KC, P.R.KANSFi5, 1NC-
- MUJ�o 4-ArJckk tC DVSto 4
a corporation organized and existing under the laws of the State of
iAvJMCC
or
Proposal of
a partnership consisting of
or
Proposal of
an individual doing business as
TO: City of Fayetteville
113 W. Mountain
Fayetteville, Ark. 72103
This bid results from your invitation for bids for Construction of a
soccer field at Asbeli School.
The undersigned bidder having visited the site of the work, having examined
the Plans, Specifications, and other Contract Documents, including all Addenda,
and being familiar with all of the conditions relating to the construction of
the proposed project, hereby proposes to furnish all material, supplies,
equipment, and appliances specified for incorporation into the project, and to
furnish all labor, tools, equipment, and incidentals to complete the work in
accordance with the Plans, Specifications, and other Contract Documents at the
price stated herein. This price is to cover all expenses incurred in performing
the work required under the Contract Documents of which this Proposal is a
part.
The undersigned bidder agrees to begin work within ten(10) calendar days
after issuance by the Owner of a "Work Order" or "Notice to Proceed" and to
complete the work within 30 calendar days thereafter. Should the work fail
P-1
Bidder acknowledges receipt of the following addendum (addenda):
Dated
Dated
Dated
The undersigned Bidder agrees that this bid shall be good and shall
not be withdrawn for a period of sixty (60) calendar days after the opening
thereof. If written notice of the acceptance of this Proposal is mailed,
telegraphed, or delivered to the undersigned within sixty (60) days after the
opening thereof, or at any time thereafter before this Proposal is withdrawn,
the undersigned agrees to execute and deliver an Agreement in the prescribed
form, and furnish the required Performance and Payment Bond, within ten (10)
days after the Agreement is presented to him for signature.
It is understood by the undersigned Bidder that the Owner reserves
the right to reject any and all bids.
Accompanying this Proposal as bid security is certified check bid
(Strike One)
bond in the amount of
-Not Required -
Dollars
($ ), being not less than five per cent (5%) of the
total of the bid. If the undersigned Bidder is the successful Bidder, but
fails or refuses to execute the Contract and furnish the required bond within
the prescribed ten (10) days of the notification of award, then this bid
security is to become the property of the Owner as liquidated damages for the
delay and additional expense to the Owner caused by such failure or refusal.
L i ft I�NsAS �Nc, - M=cur+faN -ANcd<�
(Witness) (Name of Bidder)
tf-1'O No(L I i3LOCC
• EaMSTty L LI E /iyLpN SAS 12 -tot"
(Address _
SEAL (If Bidder is a corporation)
By �Aii%Zr� C�dC v
SgMfs A.GOLC) vIQ≤ PReskpe i
(Print Name and Title)
7J40 No1z'[9t.o
I'Aie"I��Ll1� AI4CANSQI` it -tot --
(Office Address of Bidder)
NOTES: Sign in ink. Do not detach.
Items must be bid upon as specified
in the Unit Price Schedule.
P-2
i
I.
SOCCER FIELD
AT
ASBELL SCHOOL
FAYETTEVILLE, ARKANSAS
UNIT PRICE SCHEDULE
ITEM ESTIMATED ITEM UNIT AMOUNT
NO. QUANTITY DESCRIPTION PRICE BID
1. 1050 C.Y. Fill Placed and
Compacted $ 1I.o0 /c.N. . $ 1 ?.6°. 0O
2. 385 C.Y. Top Soil Placed
& Graded $ 4/o91.00
3. 100% Establish Grass $ z18ZZ.00 L,5. $Z,BZZ.0
TOTAL BID $141869.0 0
CONTRACT
THIS AGREEMENT made this llth• day of • July 1990,
by and between APAC Arkansas.Inc.-McClinton-Anchor ( a Corporation
organized and existing under the laws of the State of Arkansas.). (a
partnership consisting of )
(Strike out the two terms not applicable) hereinafter called the
"Contractor" and City of Fayetteville•
hereinafter called the "Owner."
W I T N E S S E T H
That the Contractor and the Owner for the consideration stated
herein mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all
supervision, technical personnel, labor, materials, machinery, tools,
equipment, incidentals and services, including utility and transporta-
tion service and perform and complete all work required for soccer field
at Asbeli School in strict accordance with the plans and specifications
attached herewith as prepared by the Engineer.
ARTICLE 2. The Contract Price. The Owner will pay the Contrac-
tor because of his performance of the Contract, for the total work
performed the lump sum price and unit prices as stipulated in the
Proposal attached herewith. Said lump sum price shall be full com-
pensation for all work performed as detailed by the plans and shall
include all incidentals. Said price shall be subject to additions or
deductions as follows: The owner may make alterations, may change
the work or omit from the work covered by this Contract. Charges or
credits for this additional work (or ommision of work) shall be based
on the unit prices stated in the Proposal provided the additional work
(or ommision of work) is of a similar nature. It is agreed that this
additional work (or ommision) shall not void this Contract). Completion
of this project shall include a final inspection certification and certi-
fication that all subcontractors and/or, suppliers have been paid for
all work or materials supplied on this project.
ARTICLE 3. Contract Time. The Contractor agrees to begin work
within ten(10) calendar days after issuance by the Owner of a "Work
Order" or "Notice to Proceed" and to complete the work within 30
calendar days there. after. .
ARTICLr 4. Contract. The executed Contract Documents shall consist
of the following:
a. This Agreement and Proposal
b. Drawings and Specifications.
c. Final Inspection Certifications
d. Payment to subcontractors certification
e. General Conditions & Special Conditions
This Agreement, together with other documents enumerated in this ARTICLE 4,
which said other documents are as fully a part of the Contract as if hereto
attached or herein repeated, form the Contract between the parties hereto.
In theevent that any provisions in any component part of this Contract
conflicts with any provision of any other component part, the conflict
shall be resolved by the Engineer whose decision shall be final.
ARTICLE 5. Surety. The Surety on the Performance -Payment Bond
shall be a surety company of financial resources satisfactory to the
Owner and authorized to do business in the State of Arkansas.
IN WITNESS WHEREOF, the parties hereto have caused this
be executed in three (.3) counterparts, each of which shall b
original, on the day and year first above written.
ATTEST:
City C erk
e
Agreement to
considered an
Awe -.,�,i ✓(.;C4, //p,6' .
7V17 /� ri .t e,.lrr'
(Contractor$
By ���� c'/
CSU2) 71
Ma, Title G f c,' /G,"?
P.o.l3/31,-7
(Street)
rq-ltt?/dlb ,Arz 7i7oz
(City)
(Owner City of F yetteville
By:
(Mayor) William trtin
We,
. (State whether individual, partnership
or corporation)
hereinafter called Principal, and
, as Principal,
, as Surety,
hereinafter called Surety, are held and firmly bound unto •
Obligee, hereinafter called Owner, in the amount of
•($ ), for the
payment whereof Principal and Surety bind themselves, their heirs, personal
representatives, successors and assigns, jointly and severally, firmly by
these presents.
Principal has by written agreement dated
entered into a contract with Owner for
which contract is by reference made a part hereof,
and is hereinafter referred to as the Contract.
• The condition of this obligation is such that if Principal shall faith-
fully perform the Contract on his part and shall fully indemnify and save
harmless -Owner from all costs and damage which it may suffer by reason of
failure so to do and shall fully reimburse and repay Owner all outlay and
expense which Owner may incur in making good any such default and, further,
that if Principal shall pay all persons all indebtedness for labor or materials
furnished or performed under said Contract, failing which such persons shall
have a direct right of action against Principal and Surety, jointly and
severally, under this obligation, subject to Owner's priority, then this
obligation shall be null and void; otherwise, it shall remain in full force
and effect.
This
Bond
is
given in
accordance with
the following laws
of the State of
Arkansas:
Act
368
of 1929,
as amended, and
Act 351 of 1953,
as amended.
No suit shall be brought on this Bond outside the State of Arkansas and
no suit shall be brought on this Bond except by Owner after six (6) months
from the date final payment is made on the Contract. The six month period of
limitation is waived with respect to Owner and it is agreed that Owner may
bring suit on this Bond any time before suit against Principal would be barred.
Any alterations which may be made in the terms of the Contract, or in the
work to be done under it, or the giving by Owner of any extension of time for
the performance of the Contract, or any other forebearance onthe part of
either Owner or Principal to the other shall not in any way release Principal
and Surety or Sureties, or either or any of them, their heirs, personal repre-
sentatives, successors or assigns, from their liability hereunder, notice to
Surety or Sureties of any such alteration, extension or forebearance being
hereby waived. -
In no event shall the aggregateliab'ility of Surety exceed the sum set
out herein.
Executed this day of
(Principal)
0
(Surety)
NOTES:
1. This bond form is mandatory. No other form will be acceptable.
2. The date of the Bond must not be prior to the date of the Contract.
3. Any surety executing this Bond must appear on the U. S. Treasury
Department's most current list (Circular 570, as amended) and be
authorized to transact business in the State of Arkansas.
GENERAL CONDITIONS
J
AU. .Contract Documents including the following; Bid Form,
General Conditions, Special Conditions, Construction or Detailed Specifications,
Material Specifications, Contract Form, Performance and Payment Bond Form, all
other documents bound herewith, Plans, bound herewith and separately, and all
Addenda are essential parts of the Contract.
Promptly upon execution of the Contract, the Contractor, at his
expense shall furnish the Owner with a surety bond in the amount equal to one
hundred percent (100X) of the Contract price, issued in quadruplicate by a
corporate surety acceptable to the Owner and authorized to do business in the
State of Arkansas, signed or countersigned by an agent of the surety resident
in the State of Arkansas, with the issuing agent's power of attorney attached
to each copy of the bond, which bond shall be conditioned for the faithful
performance of the Contract and for the payment of all labor and material
bills. The bond shall be in form and substance identical to the form which is
made a part of these Contract Documents; that bond form is mandatory. However,
the terminology expressed in the bond form is not exclusively determinative of
the surety's responsibility; by the issuance of the bond, the surety shall be
liable for any failure of the Contractor to perform in accordance with the
Contract Documents, including initial or corrective performance and including
payment.of liquidated and consequential damages of the Owner, if applicable.
The liability of the surety for the Contractor's breach of any requirements of
the Contract Documents shall continue as long as the Contractor's liability
continues under the Arkansas Uniform Commercial Code and other applicable law.
The date of the Performance Bond shall not be prior to the date of
the Contract.
GC.3 AWARD OF CONTRACTS
Bids will be considered on the basis, of the total price given in the
bid forms.
The bidder to whom the Contract is to be awarded will be notified in
writing within thirty. (30) days after receiving bids of its acceptance of his
Proposal. The Contractor shall complete the execution of the Required Bond
and Contract within ten (10) days of such notice.
GC.4 DEFINITIONS
The following words, or pronouns used in their stead, wherever used
in. the Contract Documents shall have the following meanings:
GC -1
"Contractor" - shall mein the individual, partnership or corporation
entering into an agreement with the Owner to perform the work covered by these
specifications and his or their authorized agents or legal representatives,
and pronouns he, his and him shall refer to the Contractor whether an individual,
partnership or corporation.
"Engineer" - shall mean the person designated to act as Engineer for
the Owner or his duly authorized agents, such agents acting within the scope
of the particular duties entrusted to them.
The words "directed", "permitted", "otdered", "approved", or words
of similar import shall be understood to refer to the direction, permission,
orders, approval, etc., of the said Engineers.
"Sub -Contractors" - shall mean the individual, partnership or
corporation entering into an agreement with the Contractor to perform any
portion of the work covered by these specifications.
"Work" - shall mean the furnishing of all necessary labor, tools,
equipment, appliances, supplies. and material other than materials furnished by
the Owner as specified to complete the construction covered by these specifica-
tions.
"Surety" - shall mean any person, firm or corporation that has
executed, as Surety, the Contractor's Performance Bond securing the performance
of the Contract.
"Plan" - shall mean the Drawings which. are a part of the Contract.
"Contract Documents" - shall mean all papers bound in this copy
entitled Specifications and Contract Documents, together with the Plans which
may be separately bound.
GC.5 INSURANCE
Before any work is commenced, the Contractor shall furnish a certi-
ficate of insurance addressed to the Owner, showing .that he carries the following
insurance which shall be maintained throughout the term of the Contract.
Workmen's Compensation
Comprehensive General fi Automobile
Insurance
Biedily Injury Liability
Property Damage Liability
GC -2
Statutory Amount
$500,000 for each person injured
$1,000,000 for each accident
$250,000 for each accident
$500,000 aggregate
If work includes pipelines or other underground structures, the
Property Damage Liability (Comprehensive General Liability Insurance) shall be
$250,000 each accident and $500,000 aggregate. The insurance shall include
explosion, collapse and underground coverage. -
The premiums for all insurance and the bond required herein shall be
paid by the Contractor.
It shall be the obligation of the Contractor to complete and deliver
to the Owner the structure required by these Contract Documents regardless of
any loss, damage to or destruction of the structure prior to delivery.
See GC.aq for Owner's and Engineer's Protective Liability Insurance.
GC.6 EXECUTION OF CONTRACT DOCUMENTS
Within ten (10) days of receipt of copies of the Contract, the
Contractor shall execute four (4) counterpart copies of the Contract Documents
and return them to the Owner. After execution by the Owner, one (1) copy each
shall be furnished the Contractor and his Surety..
GC.7 INTENT OF CONTRACT DOCUMENTS
The Contract Documents are complementary and what is called for by
any one shall be as binding as if called for by all.
The intention of the Contract Documents is to include all super-
vision. -labor, tools, equipment, transportation and materials other than
materials furnished by the Owner as specified necessary for the proper
execution of the work.
Materials or work described in words which so applied have a well
known technical meaning shall be held to refer to such recognized standards.
GC.8 DRAWINGS
The Engineer shall furnish to the Contractor, free of charge, three
(3) copies of Plans, Specifications and Contract Documents, in addition to the
executed copies necessary for the completion of the work. Other copies will
be furnished if requested by the Contractor at the cost of reproduction.
The Contractor shall keep one (1) copy of all drawings and Contract
Documents in good condition readily accessible at the site of the work available
to the Engineer and his authorized representatives.
GC.9 CONTRACTOR'S EMPLOYEES
The Contractor shall employ only competent skillful men on the work
and shall at all times enforce strict discipline and good order among his
employees.
The Contractor shall neither permit nor suffer the introduction or
use of spiritous liquors or controlled substances upon or about the work
embraced in this Contract.
GC -3
The Contractor shall maintain a qualified superintendent on the job
at all times, who shall be the Contractor's agent responsible for the faithful
discharge of the Contractor's obligations under the Contract. The Contractor
shall notify the Owner in writing "of the designation of the superintendent and
his successors.
GC. 10 PAYMENT OF MA RIATS - EQUIPMENT
Unless otherwise stipulated, the Contractor shall provide and pay
for all materials, labor, tools, equipment, water, light, power, transportation
temporary construction of every nature and all other facilities necessary for
the execution and completion of the work.
GC.11 SANITARY PROVISIONS .
The Contractor shall provide necessary toilets for the workmen,
properly secluded from public observation and shall comply with sanitary
regulations of the Health Department or any other authority having juris-
diction.
GC.12 LAWS - ORDINANCES
The Contractor shall keep himself fully informed of all existing and
future Federal, State and local laws, ordinances and regulations which in any
manner affect those engaged on the work or material or equipment used in or
upon the work or in any way affecting the conduct of the work. Lack of knowled
thereof is no defense to full performance of the Contract.
GC.13 PERMITS - LICENSES
The Owner will secure easements across public or private property
permanently required for the pipelines at no cost to the Contractor.
The Contractor shall lease, buy, or otherwise make satisfactory
provision, without obligating the Owner in any manner, for any land required
outside the land provided by the Owner.
State Righway and Railroad Crossing Permits will be secured by the
Owner. All other permits and licenses necessary for the prosecution of the
work shall be secured and paid for by the Contractor.
GC.14 ROYALTIES AND PATENTS
The Contractor. shall pay all royalties and license fees and shall
defend all suits or claims for infringement of any patent rights and shall
save the Owner harmless from any loss on account thereof.
GC.15 PROTECTION OF WORK AND PROPERTY
The Contractor shall continuously maintain adequate protection of
all his work from damages and shall protect the property of the Owner from
damage or loss.
GC -4
The Contractor shall protect adjacent or adjoining property or
properties in any way encountered.in tqe prosecution of the work from any
damage or injury.
The Contractor shall indemnify and save harmless the Owner, its
representatives and agents, from all claims, costs, expenses or liabilities
accruing in consequence of any act on the part of the Contractor or from
failure to properly guard the work in progress, the adjacent property or
persons using the streets or from any other causes whereby injury to property
or persons is caused.
If damage or injury is done to private or public property, the
Contractor shall restore or have restored at his expense such damaged property
to a condition equal or better than that existing prior to the damage.
The Contractor shall not interfere in any way with the work of any
other contractor on this project.
GC.16 QUALITY OF WORK AND PROPERTY
All property, materials and equipment shall be new and free of
defects upon completion of the Contractor's performance and unless different
standards are specified elsewhere in the Contract Documents shall be of the
best type and quality available for the purpose. All of the Contractor's work
shall be performed with the highest degree of skill and completed free of
defects and in accordance with the Contract Documents. Any work, property,
materials, or equipment not in conformance with these standards shall be
considered defective. If any work, property, materials or equipment is
discovered to have been defective or not in conformance with the Contract
Documents, whether said discovery is made before or after completion of
performance, the Contractor, at his expense, after written notice from the
Owner or,Engiaeer, shall promptly replace or correct the deficiency and pay
any engineering costs and consequential expense or damage incurred by the
Owner in connection therewith. If the Contractor fails to promptly correct
all deficiencies, the Owner shall have the option of remedying the defects at
the Contractor's cost. If the Contractor is required to furnish shop drawings
or designs the above provisions shall apply to such drawings or designs.
Neither the Owner's payment, acceptance, inspection or use of the
work, property, materials, or equipment, nor any other provision of the Contract
Documents shall constitute acceptance of work, property, materials, or equipment
which is defective or not in accordance with the Contract Documents. If the
contractor breaches any provision of the Contract Documents with respect to
the quality of the work, property, materials, equipment or performance, whether
initial or corrective, its liability to the Owner shall continue until the
statute of limitations with respect to such breach of contract has expired
following discovery of the defect. All parts of Section 16 are cumulative to
any other provisions of the Contract Documents and not in derogation thereof.
If it is customary for a warranty to be issued for any of the property to be
furnished hereunder, such warranty shall be furnished, but no limitations in
any such warranty shall reduce the obligations imposed upon the Contractor in
the Contract Documents or by Arkansas Law, but if any greater obligations than
imposed in this Contract is specified in any such warranty or by Arkansas Law,
those greater obligations shall be deemed a part of this Contract and enforce-
able by the Owner. -
GC -5
GC.17 INSPECTION OF WORK
The Engineer,. his authorized representative, and any Federal, State,
County or local authorty representatives having jurisdiction over any part of
the work or area through which the work is located, shall at all times have
access to the work in progress.
The detailed manner and method of performing the work shall be under
the direction and control of the Contractor, but all work performed shall at
all times be subject to the inspection of the Engineer or his authorized
representative to ascertain its conformance with the Contract Documents. The
Contractor shall furnish all reasonable aid and assistance required by the
Engineer for the proper inspection and exam nation of the work and all parts
thereof. -
The Engineer is not responsible for the Contractor's means, methods,
techniques, sequences or procedures of construction, or safety precautions and
programs incident thereto.
Inspectors may be appointed by the Engineer or Owner. Inspectors
shall have no authority to permit any deviation from the Plans and Specifica-
tions except on written order from the Engineer and the Contractor will be
liable for any deviation except on such written order. Inspectors shall have
authority, subject to the final decision of the Engineer, to condemn and
reject any defective work and to suspend the work when it is not being per-
formed properly.
The inspector shall in no case act as superintendent or 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 Contracto
shall in no way be construed as binding to the Engineer in any way or releasin
the Contractor from fulfilling all of the terms of the Contract.
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 pre-
viously overlooked and estimated for payment and payment therefor made by the
Owner.
All condemned or rejected work shall be promptly taken out and
replaced by satisfactory work. Should the Contractor fail or refuse to comply
with the instructions in this respect, the Owner may, upon certification by
the Engineer, withhold payment, proceed to terminate the Contract or perform
work as provided herein.
GC.18 TINE OF COt NCEMENT AND COMPLETION
The Contractor shall commence work within the time specified and tha
rate of progress shall be such that the whole work will be performed in accor-
dance with the Plans, Specifications, and Contract Documents within the time
limit specified, unless an extension of time is made in the manner hereinafter
specified.
GC -6
GC.19 UNFORESEEN DIFFICULTIES
J
C C,
All loss or damages arising out of the nature of the work to be
performed under this Contract or from any unforeseen obstructions or difficul-
ties which may be encountered in'the prosecution of the same, or from weather,
acts of God, strikes, work stoppages or slowdowns shall be sustained by the
Contractor.
GC.20 ALTERATIONS - OMISSIONS -
The Owner may, when deemed necessary, make alterations and modifi-
cations in the Specifications, or may change the work, or may omit from the
work covered by this Contract, any portion thereof or may order extra work
performed.
Charges and credits for all work of a similar nature as bid upon
shall be based on the unit prices stated in the Contract.
It is expressly agreed and understood that such alterations, additio:
modifications or omissions shall not in any way violate or annul this Contract.
and the Contractor hereby agrees not to claim or bring suit for any damages,
whether for loss of profits or otherwise, on account of said changes.
Whenever, during the progress of the work, any additional work,
change, or modifications in the work contracted for is agreed upon as aforesaic
such additional work, change or codifications shall be considered and treated
as though originally contracted for, and shall be subject to all terms, condi-
tions and provisions of the original contract except that no extension of time
of completion shall be allowed owing to such additional work, change or
modification, unless the same is approved by the Owner.
In case extra work is encountered which is outside the scope of
these specifications and upon which the Contractor and Owner fail to agree
upon a price, the Contractor shall perform such work upon a basis of actual
cost plus fifteen percent (15%) for overhead, profit, etc. The actual cost
shall include the cost of labor, field supervision, equipment rental, materials
insurance, payroll taxes and any other costs directly chargeable to this part
of the work provided said costs are specified at the time of the change order.
It shall not include any allowance for office overhead, general supervision,
profit, etc., which are considered to be covered by the fifteen percent (15%)
allowances. All such work shall be under the terms of the original contract
without invalidating any of the terms thereof.
GC.21 DELAYS - EXTENSION OF TIME - LIQUIDATED DAMAGES
If the Cuatrcctor be delayed at any time in the progress of the work
by any act or neglect of the Owner, the Owner's Engineer or employees, or by
any separate contractor employed by the Owner, or by changes ordered in the
work or by strikes, lock -outs, fire, unusual delay in transportation, unavoid-
able casualty or any other cause beyond the Contractor's control, then the
time of completion shall be extended for such reasonable time as the Owner may
decide. Provided, however, said time of completion shall be extended upon. the
following conditions and no other:
GC -7
(a) Requests for extension of time shall be is writing. No extension
of time shall be granted automapically.
(b) The Contractor claiming an extension of time because of any of
the contingencies hereinabove mentioned shall, within seven (7) days of the
occurrence of the contingency which justifies the delay, notify the Owner in
writing of his claim and the reasons therefor.
(c) In event of a continuing cause of delay only one claim is
necessary.
It is acknowledged between the parties to this Contract that the
work to be performed by the Contractor will result in a benefit to all customers
of the Owner and that a delay in completion of the work will be detrimental tc
many customers of the Owner. It is further acknowledged that, while work is
in progress, the Owner shall incur an indeterminable amount of expense as a
result of necessary supervision of the work and other overhead and administra-
tive expenses.
It is, therefore, agreed that if there is a delay in the work beyond
the period elsewhere herein specified which has not been authorized as set
forth above, then the Owner may deduct from the Contract price the amount
stated in the Special Conditions, bound herewith, as liquidated damages.
GC.22 OWNER'S RIGHT TO DO WORK
If the Contractor should neglect to prosecute the work properly or
fail to perform any provision of the Contract the Owner, after three (3) days'
written notice to the Contractor, may without prejudice to any other right or
remedy the Owner may have, correct such deficiencies and may deduct the cost
thereof from anypaymentsthen or thereafter due the Contractor.
GC.23 SUSPENSION OF WORK
Should contingencies arise to make such action necessary, the owner
shall have the right to suspend the whole or any part of the work for a period
not to exceed sixty (60) days by giving the Contractor notice is writing three
(3) days prior to the suspension.
The Contractor, after written notice to resume work shall begin
within ten (10) days from the date of such notice.
If the work or any part thereof shall be stopped by the Owner's
notice and the Owner fails to notify the Contractor to resume work within
sixty (60) days, the Contractor may abandon that portion of the work so
suspended and the Contractor shall be paid for all work performed on the
portion so suspended at unit prices quoted in the bid for completed work
involved at agreed prices on any extra work involved and at a fair and
equitable price for partially completed work involved.
GC -8
The Engineer may suspend wqrk pending the settlement of any con-
troversy. The Contractor shall not be entitled to any claim for loss or
damage by reason of such delay nor shall he be entitled to any extension of
time but an extension may be granted by the Owner in his discretion.
IX .24 OWNER'S RIGHT TO TERMINATE CONTRACT
If the Contractor shall be adjudged a bankrupt or shall file a
petition for an arrangement or reorganization under the Bankruptcy Act, 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 solvency, or if be should
persistently or repeatedly refuse or should fail, except under conditions
where extension of time is approved, to supply adequate workmen, equipment and
material, or disregard laws, ordinances, or the instructions of the Engineer,
or otherwise be guilty of a violation of any provisions of the Contract, then
the Owner upon certification 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) days' written notice, terminate the
employment of the Contractor.
At the expiration of the said ten (10).days the Owner may i®ediatel:
serve notice upon the Surety to complete the work.
In case the Surety fails to comply with the notice within thirty
(30) days after service of such notice, the Owner may complete the work and
charge the expense of the completion, including labor, materials, tools,
implements, machinery or apparatus to said Contractor and the expense so
charged shall be deducted and paid by the Owner out of such monies as may be
due or that may thereafter at any become due to the Contractor under and
by virtue of this agreement. And in case such expense is less than the sum
which would have been payable under this Contract, if the same had been com-
pleted by the Contractor, then said Contractor shall be entitled to receive
the difference. And in case such expense is greater than the sum which would
have been payable under this Contract, if the same had been completed by said
Contractor, then the Contractor and his Surety shall pay the amount of such
excess to the Owner on demand from said Owner or Engineer of the amount so
due.
GC.25 PARTIAL PAYMENTS
At the end of each calendar month the Engineer shall prepare a
certificate estimating the total value of work done during the preceding
month.
The Owner shall thereafter pay to the Contractor on or about the
tenth day of the current month the amount due as established by the Engineer,
including the value of submitted paid invoices covering construction materials
which are required for the work which are stored at the job site or in a
bonded warehouse, less retainage specified below, further less all previous
payments, further less five percent (5%) until the requirements of Section
GC.26 of the General Conditions have been satisfied, and further less all
amounts due the Owner.
GC -9
Retainage shall be ten percent (10%)
the work is fifty percent (50%) complete, as d
further amounts will be withheld as retainage,
been determined that the work is fifty percent
above. Retainage shall not apply to materials
GC.26 TAXES
of the value of the work until
etermined by the Engineer. No
as defined herein, after it has
(50%) complete as described
described above.
State Law requires the Owner to withhold five percent (5%) of any
payment due a resident contractor until advised by the Commissioner of Revenues
that all use tax due the State has been paid by the Contractor or that he has
furnished bond to the State; five percent (5%) must also be withheld from a
non-resident contractor until advised that the Contractor has registered with
the State. The Contractor may avoid the five percent (5%) retainage by com-
plying with the law in advance of commencing performance. The five percent
(5%) retainage referred to in this paragraph shall be in addition to say other
retained percentage referred to in the Contract Documents.
GC.27 PAYMENTS WITMMLD
The Owner may withhold payment to the Contractor in the event of
subsequently discovered evidence, nullify the whole or a part of any certificate
or estimate for payment to such extent as may be necessary to protect the
Owner from loss on account of:
(a) Failure of the Contractor to remedy defective work or repair
any pipeline leaks that may develop before or after any section of a pipeline
is tested; before or after any section of a pipeline is placed in service; or
at any time prior to the time that final payment is due.
(b) Any unpaid claims or reasonable evidence indicating probable
filing of such claims.
(c) Failure of Contractor to make payments properly to subcon-
tractors or for equipment, material or labor.
(d) A reasonable doubt that the Contract can be completed for the
balance then unpaid.
(e) Damage to another contractor.
(f) Failure to present proof of payment of applicable use taxes or
failure to post bond with the Commission of Revenues as security.
When the above grounds are removed, payment shall be made for amounts
withheld because of them.
CC. 28 FINAL PAYMENT AND ACCEPTANCE
Within thirty (30) days after satisfactory completion of the work
and the compliance by the Contractor with all provisions of the Specifications
and Contract Documents, the Owner shall pay to the Contractor the entire
amount due, less all previous payments.
GC -10
If the work includes pipelines, pumping facilities or other structures,
the Contractor shall maintain the wd'rk fora period of ninety (90) days following
.its acceptance by the Owner.
All prior payments shall be subject to correction in the final
payment.
Prior to final payment the Contractor shall furnish the Owner with
satisfactory evidence that all persons who have done work or have furnished
equipment or material have been fully paid or shall file statements showing
balance due on all accounts.
The Owner
may
withhold
the amount of any liable claims against the
Contractor pending
the
result of
legal or other adjudication
thereof.
CC. 29 O;;NLit' S AND ENGIK.E•R' S PROT"CTIVE LIABILITY I\ CTtt. y rt
Section CC.15, PROTECTION OF WCRK AND PRCPERTY, renuires the
Contractor to indemnify and save harmless the Cwner and the rnginear
because of alleged liability of the Owner or the Engineer. The
Contractor shall exercise proper precaution for the protection of
persons and property. The Contractor shall obtain insurance run-
ning for the construction period of the project naming as the insured
theiorgensen & Associates, Consulting Engineers, 2863 CId hissouri
Rd., Fayetteville, Arkansas. Such insurance shall be in ferm and
substance similar cc Railroad Protective Liability Policy es
approved by Federal, StaLe, and Railroad agency Limits of Iiebil?r_y
shall Ue the following:
Bodily
Injury
Liability (Including Death)
$1,000,000
each
occurrence
Physical Damage Liability (Damage to or Destruction to Proper::.
5250,000 each occurrence
$500,00 each aggregate
GC.30 LINES AND GRADES
The Engineer will set all points and stakes as necessary to
control the work of the Contractor. Such control points and stakes :•._:
be sufficient means of alignment and grade control (as recuired).
The Contractor shall exercise diligence in the preservation c!
control points and stakes. Should any such become displaced, or shcuic
there be reason to believe that any such may have been displaced, t'.:c'
Contractor shall notify the Engineer thereof irsnediately. Any
control point or stake requiring resetting because of the Contractor's
negligence, will be reset by the Engineer but at the expense of the
Contractor.
GC. -1.1
SC.]. GENERAL
In case of conflict between any of the Contract Documents,
priority of interpretation shall begin the following order: Signed
Agreement, Performance and Payment Bonds, Special Bonds (if any),
Proposal, Special Conditions of Agreement, Notice•to Contractors,
Technical Specifications, Plans, and General Conditions of Agreement.
SC.2 ENGINEER
The word "ENGINEER" in these Specifications shall be understood
as referring to. Jorgensen & Associates, Consulting Engineers, Fayettevill
Arkansas, ENGINEER of the OWNER, or such other representative as may
be authorized by said OWNER to act in any particular position.
SC.3 LOCATION OF PROJECT
This project is located within the proximity of the City of
Feiyetteville,.Arkansas. A map showing the general location is in-
cluded in the Plans.
SC.4 SCOPE OF WORK
The work to be performed under this Contract consists of
furnishing all materials, labor, supervision, tools and equipment
necessary for construction of a soccer field at Asbell School.
SC.5 TIME ALLOTTED FOR COMPLETION
The time allotted for completion of the work shall be
within ( 30) calendar days, which time shall begin within
ten (1O) days of the work order or notice to proceed, or upon the
date the Contractor moves on the site to begin the work, which-
ever is the earliest date.
After award of the Contract is made and the Contract
Documents are complete, the Engineer shall issue a Work Order
notifying the Contractor to proceed with the construction of the
project, subject to the provisions of this paragraph.
SC.6 FORMS, PLANS AND SPECIFICATIONS
Forms of Proposal, Contract and Bonds, and Plans and
specifications may be obtained from Jorgensen& Associates,
Consulting Engineers, 2863 Old Missouri Rd , Fayetteville,
Arkansas, upon payment of
No refund will be made.
SC -1
SC.7 PAY ITEM DESCRIPTION
The Proposal contains a list df unit price payment items and some
lump sum price payment items. The components of the various pay items are
discussed in the MEASUREMENT AND PAYMENT paragraph of these Specifications.
Of necessity the items described as components are discussed in a
general manner only, describing the major pieces of equipment and/or materials.
Any item and/or appurtenance not specifically mentioned shall be considered a
portion of the bid item to which, in the opinion of the Engineer, its function
is most directly related.. Failure to list all items and/or appurtenances does
not relieve the Contractor from furnishing all apparatus, devices, labor or
materials of whatever nature required fop a complete and operating installation
in accordance with the intent of the Drawings, approved Shop Drawings and
these Specifications.
The successful Contractor shall, as soon as possible after award of
the Contract, submit a list itemizing the components of each lump sum bid item
and their respective costs to be used as an aid in the preparation of partial
payments.
SC.B AWARD OF CONTRACT
The Owner will notify the successful Bidder in writing within thirty
(30) days after the date of receiving bids of its acceptance of his Proposal.
The Contractor shall complete the execution of the required Bond and Contract
within ten (10) days of such notice.
SC.9 LIQUIDATED DAMAGES FOR DELAY
The Contractor agrees that time is the essence of this Contract and
that for each day of delay beyond the number of calendar days herein agreed
upon for the completion of the work herein specified and contracted for after
due allowance for such extension of time as is provided for in the General
Conditions of Agreement, the Owner may withhold, permanently, from the Con-
tractor's total compensation the sum of Two Hundred Fifty Dollars ($250.00) as
stipulated damages for each day of such delay.
SC.10 EXAMINATION OF SITE OF PROJECT
Prospective bidders shall make a careful examination of the site of
the project, soil and water conditions to be encountered, improvements to be
protected, disposal sites for surplus materials not designated to be salvaged
materials, and as to method of providing ingress and egress to private pro-
perties, and methods of handling traffic during construction of the entire
project.
SC.11 SEQUENCE OF CONSTRUCTION
No specific order or sequence of work is required. However, due to
the urgency of the project, the Contractor will be expected to staff the
project as required in order to complete the work in the time allotted. The
SC -2
Contractor shall submit a detailed work schedule to the Engineer for approval
as soon as possible after award of the Contract.
i1I!an7.1
Bidders desiring further information or -interpretation of the Plans
or Specifications must make. request for such information to the Engineer prior
to forty-eight (48) hours before the bid opening. Answers to all such requests
will be given in writing to all bidders, in addendum fom, and all addenda
will be bound with and made a part of the Contract Documents. No other
explanation or interpretation will be considered official or binding.
Should a bidder find discrepancies in, or omissions from, the Plans,
Specifications, or other Contract Documents, or should he be in doubt as to
their .esniag, he should at once notify the Engineer ii order that a written
addendum may be sent to all bidders. Any addenda issued prior to twenty-four
(24) hours of the opening of bids will be mailed or delivered to each Con-
tractor contemplating the submission of a Proposal on this work. The Proposal
as submitted by the Contractor will be constructed as to include any addenda
if such are issued by the Engineer prior to twenty-four (24) hours of the
opening of bids.
Sc. 13 PERMITS AND RIGHTS -OF -WAY
All construction inciudeG herein is on public property or property
or casements owned by the City of Fayetteville. The Contractor
shall confine his operations to these properties and/or easements.
SC.14 REFERENCE SPECIFICATIONS
Where reference is made in these Specifications to specifications
compiled by other agencies, organizations or departments, such reference is
made for expediency and standardization and such Specifications referred to
are hereby made a part of these Specifications.
• as • a • w: n�i,
In case it is necessary to change or grove the property of any owner
or of a public utility, such property shall not be saved or interfered with
until ordered to do so by the Engineer. The right is reserved to the owner of
public utilities to enter upon the limits of the project for the purpose of
making such changes or repairs of their property that may be made necessary by
performance of this Contract.
SC-,-
-
SC.16 USED t1ATERIALS
No material which has been used by the Contractor for any temporary
purpose whatever is to be incorporated in the permanent structure without
written consent of the Engineer. _ _-
SC.17 EXISTING STRUCTURES
The Plans show the locations of all known surface and subsurface
structures. However, the Owner assumes no responsibility for failure to show
any or all of these structures on the Plans or to show them in their exact
location. It is mutually agreed that such failure shall not be considered
sufficient basis for claims for additional compensation for extra work or for
increasing the pay quantities in any manner whatsoever, unless. the obstruction
encountered is such as to necessitate changes in the lines or grades or
requires the building of special work, provisions for which are not made in
the Plans and. Proposal, in which case the provisions in these Specifications
for extra work shall apply.
The Contractor shall be responsible for protection of all existing
structures and any damage caused by his operations shall be repaired immediately
without cost to the Owner. It shall be the responsibility of the prospective
Contractor to examine the site completely before submitting his bid.
SC.18 USE OF ERPLOSIVES
No blasting or use of explosives will be permitted on this project.
SC. i9 BARRICADES, LIGHTS AND WATCH!IEN
Where the work is carried on in or adjacent to any street, alley or
public place, the Contractor shall, at his own cost and expense, furnish and
erect such barricades, fences, lights and danger signals, shall provide such
watchmen, and shall provide such other precautionary measures for the pro-
tection of persons or property and of the work as are necessary. Pedestrian
safety and vehicle safety are of utmost importance on this project.
Barricades shall be painted in a color that will be visible at
night. From sunset to sunrise the Contractor shall furnish and maintain at
least one light at each barricade and sufficient number of barricades shall be
erected to keep vehicles from being driven on or into any work under construc-
tion. The Contractor shall furnish watchmen in sufficient numbers to protect
the work.
The Contractor will be held responsible for all damage to the work
due to failure of barricades, signs, lights, and watchmen to protect it and
whenever evidence is found of such damage, the Engineer may order the damaged
portion immediately removed and replaced by the Contractor at his cost and
expense. The Contractor's responsibility for the maintenance of barricades,
SC -4
signs and lights and for providing watchmen shall not cease until the project
shall have been accepted by the Owner.:.
SC.20 FENCES AND DRAINAGE CHANNELS
Boundary fences or other improvements removed to permit the instal-
lation of the work shall be replaced in the same location and left in a condition
as good or better than that in which they were found except as indicated on
the Drawings. Such.replacement or restoration shall be paid for as shown in
the Unit Price Schedule.
Where surface drainage channels are disturbed or blocked during
construction they shall be restored to their original condition of grade and
cross section after the work of construction is completed.
SC.21 DISPOSAL OF WASTE MATERIALS
Al]. trees, stumps, slashings, brush or other debris removed from the
sites as a preliminary to the construction work shall be removed from the
property and disposed of in a manner approved by the Engineer.
All excavated earth in excess of that required for backfilling shall
be removed from the job site and disposed of in a satisfactory manner, except
in locations where, in the judgment of the Engineer, it can be neatly spread
over the adjacent area.
SC.22 WATER FOR CONSTRUCTION
Water used for the mixing of concrete testing or any other purpose
incidental to this project will be furnished by the Contractor. The Contractor
shall make the necessary arrangements for securing and transporting such water
and shall take such water in a manner and at such times that will not produce
a harmful drain or decrease of pressure in the City's water system. No separate
pay"nt will be made for water used but the, cost thereof shall be included in
the various items of the Proposal and Bid Schedule.
SC.23 GUARANTY AGAINST DEFECTIVE WORK
The Contractor shall indemnify the Owner against any repairs which
may become necessary to any part of the work performed under this Contract
arising from defective workmanship or materials used therein for a period of
one (1) year from the date of final acceptance of the entire project.
SC.24 COORDINATION WITH OTHERS
The Contractor shall coordinate his activities with other
Contractors that may be working on separate work in this area.
SC.25 MATERIAL STORAGE
Materials delivered to the site of the work in advance of their use
shall be stored so as to cause the least inconvenience and in a. manner satis-
factory to the Engineer.
SC -5
TECHNICAL SPECIFICATION
SECTION I: SOCCER FIELD CONSTRUCTION
The general scope of this project shall be for the contractor
to furnish all material and labor to install a soccer field
at Asbell School as shown on the attached drawings. The Owner
is interested in a lump sum price for the installation of
this field.
The soccer field to be constructed is refered to as soccer
field No. l and presently exists at Asbell School. This field
is presently uneven and periodically floods. Construction
shall proceed with the removal of any top soil from the existing
surface. Said top soil shall be stockpiled on the East and
West side of the field. The contractor shall then install
select fill "hillside gravel" within 4" of the plan finished
grade. All fill material shall be placed in 6" lifts and com-
pacted by sheeps foot to obtain a density of 9O% (Standard
Method). Following installation of select fill material the
contractor shall then install 4" of top soil. Final grading
shall include the installation of drainage swales as indicated
on the plans to improve drainage.
Grass shall be established by the placement of sprigs, (tiff
green) at approximately 16" on center. Sprigs shall be placed
approximately 2"-3" deep and the root system shall be covered
with top soil. The contractor shall water the field initially
and the Fayetteville Parks will continue regular watering.
It shall be noted that an underground sprinkler system shall
be installed by a separate contractor. The contractor for this
project shall coordinate his activities with underground piping
activities. The piping contractor shall install his pipe after
the soccer field contractor installs the top soil. The piping
contractor shall be responsible for leveling and restoring the
surface. The soccer field contractor can then commence place-
ment of grass.
Sc .26 EXISTING UTILITIES AND SERVICE LINES
The Contractor shall be responsible for the protection of all existing
utilities or improvements crossed by or adjacent to his construction operations.
Where existing utilities or service lines are cut, broken or damaged, the
Contractor shall replace or repair immediately the utilities or service lines
with the same type of original material and construction, or better, at his
own cost and expense.
SC.27 TESTING, INSPECTION AND CONTROL
Testing and control of all materials used in the work shall be done
by an approved commercial laboratory employed and paid directly by the Owner
unless otherwise specified in the Technical Specifications. The Contractor
shall furnish, at his own expense, all necessary specimens for testing of the
materials as required by the Engineer.
SC.28 CLEAN-UP
At the conclusion of the work all tools, temporary structures and
materials belonging to the Contractor shall be promptly removed and all dirt,
rubbish and other foreign substances shall be disposed of in a manner satis-
factory to the Engineer.
SC.29 BOND
Coincident with the execution of the Contract, the Contractor shall
furnish a good and sufficient surety bond in the full amount of the Contract
sum guaranteeing the faithful performance of all covenants, stipulations and
agreements of the Contract, the payment of all bids and obligations arising
from the execution of the Contract, which bills or obligations might or will
in any manner become a claim against the Owner, and guaranteeing the work
included in this Contract against faulty materials or poor workmanship for one
(1) year after the date of completion of Contract.
All provisions of the bond shall be complete and in full accordance
with statutory requirements. The bond shall be executed with the proper
sureties through a company licensed and qualified to operate in the State and
approved by the Owner. The issuing agent's power of attorney shall be attached
to the bond and the bond shall be signed by an agent resident in the State and
date of bond shall be the date of execution of the Contract. If at any time
during the continuance of the Contract the surety on the Contractor's bond
becomes irresponsible the Owner shall have the right to require additional and
sufficient sureties which the Contractor shall furnish to the satisfaction of
the Owner within ten (10) days after notice to do so. In default thereof, the
Contract may be suspended and all payments or money due the Contractor withheld.
SC.30 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
Three (3) sets of Plans and Specifications shall be furnished to the
Contractor, at no charge, for construction purposes. Additional copies may be
obtained at cost of reproduction upon request.
SC -6
RESOLUTION NO.
A RESOLUTION AUTHORIZING A CONTRACT BETWEEN
THE CITY OF FAYETTEVILLE AND MCCLINTON-ANCHER
AS THE LOW -BIDDER, TO CONSTRUCT THE ASBELL
SOCCER FIELDS.
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 contract in
the amount of
$14,869.00 with McClintion-Ancher
as
the low -bidder,
to construct
the Asbell Soccer Fields. A
copy of
the contract
authorized for
execution hereby is attadned
hereto
marked Exhibit
"A" and made a
part hereof.
PASSED AND APPROVED this
_-3rc1 _
day of July
, 1990.
'APPROVED:
BY:
•Asst. Mayor
ATTEST:
BY: ��C1CJ� t�G�cexrrin�
City Cl" rk
a �rtn
EXHIBIT "A"
INVITATIOIV TO BID NUEST
PEGGY BATES PURCHASINGCHASING DEPT.
PURCHASING OFFICER ` 1MOUNTAIN
CITY OF FAYEETTEVILLE, ARKANSAS CITY ADMININSTRATION BLD•:
(501) 575.8281
ROOM 307
FAYETTEVILLE. ARKANSAS
72701
BID NUMBER: 90-34 I OATE ISSUED:
June 22, 1990
COMMODITY CLASSIFICATION: I BUYER: /1 /1
Peggy Bates 1�J j4•J�
F.O.B.: BUYER'S PHONE 0:
- Fayetteville, AR 1501/575-8289
DATE & TIME OF BID OPENING:
July 9, 1990
CONTRACT PERIOD OR DATE
DELIVERY REQUIRED:
BIDDERS GUARANTEED
DELIVERY DATE:
ITEM NO. DESCRIPTION I
1
Sprinkler Systems for Soccer fielc.s at
Asbell School.
(see attached blueprint and
specifications.)
ADDENDUM #1: BID OPENING TIME
CHANGED TO 10:30
Y
I
* BIDDERS SHALL INCLUDE TAX AS A SEPARATE LINE
ITEM. TAX AMOUNT WILL NOT BE CONSIDERED IN
EVALUATION OF TOTAL BID PRICE.
10:30 a.m.
30 days A.R.O.
QUANTITY UNIT PRICE
4
TOTAL PRICING
EXECUTION OF: BID
Upon signing this Bid, the bidder certifies that they have read and agree to the requirements set forth in this bid proposal
including specifications, terms and standard conditions, and pertinent information regarding the articles being bid on, and
agree to furnish these articles at the prices stated.
NAME OF FIRM: PH')NE NUMBER I ARKANSAS TAX PERMIT NUMBER:
UNSIGNED
BIDS BUSINESS ADDRESS. STREET :1 CITY
WILL BE
REJECTED SIGNATURE OF AUTHORIZED PERSON
TI i:LE
STATE ZIP
DATE
ARKANSAS PREFERENCE REOUESTE:D: YES ( ) NO ( )
CASH DISCOUNT % DAYS
BID NO.:
• INVITATION TO BID
CONTINUATION SHEET
90-34
EXHIBIT "A"
PAGE 1 OF 1
1. All piping shall be 200 PSI PVC.
2. Zone valves shall be bronze gate valves.
I
3. Sprinkler heads shall be HunterN#I-25 or equal.
4. Provide 2" backflow preventor and 2" pressure reducing
valve at new 2" meter. Meter is not in contract.
5. Use PVC primer prior to applying cement at all PVC joints.
6. Provide heavy duty plastic valve boxes buried at all
valves and accessories. Provide latching covers at each.
7. Provide drain valves •at all branches and low spots.
8. All work shall be in accordance with the Arkansas State
Plumbing code and local authorities.
9. All piping shall be buried a minimum of 12". 'Compact
during backfill and smooth over,isurface, allowing for
future settlement.
10. Backfill with pure soil where rDcks are present.
11. All systems and components shall be completely warranted
including full field coverage fDr a period of one year
from date of completion. f
r.
EXHIBIT "A"
TERMS AND STANDARD CONDITIONS
CITY OF FAYETTEVII, LE, ARKANSAS
1,
PLEASE READ CARPE I t p
1. When submitting an Imillatiort to Bid,'theBidihe bidder wairants that the commodifies covarel bythe bid shall be free from defects in material and wockmanship under normal use
and service. In addition, bidder must deliver new commodities of the latest design am I model, unless otherwise specified in the 9nvitation to Bid'
2. Prices quoted are to be net prices, and when an errors made in extending total price: h, the City may accept the bid for the lesser amount whether reflected by extension
or by the correct multiple of the unit price.
3. Discounts offered will be taken when the City quafdss for such. The beginning date fur computing discounts will be the date of invoice or the date of delivery and
acceptance, whichever s later.
4. When bidding other than the brand and/or model specified in the invitation to Bid; IN' brand and/or model number must be stated by that dam in the 'Invitation to Bid,
and descriptive literature be submitted with the bid.
5. The City reserves the right to reject any and all bids.
6. The Purchasing office reserves the right to award hems, all or none, or by the line 'tech (s).
7. Quality, time and probability of performance may be factors in making an award. I
8. Bid quotes submitted will remain firm for 30 calendar days from bid opening date; how aver, the prices may remain firm bra longer period of time it mutually agreeable
between bidder and the City Purchasing Department.
9. Bidder must submit a completed, signed copy of the front page of the 'Invitation to Bid' and must submit any other information required in the invitation to Bid.'
10. In the event a contract is entered into pursuant to the invitation to Bid, the bidder she I not discriminate against any qualified applicant for employment because of race,
sex, color, creed, national origin or ancestry. The bidder must include in any and all subcontracts a provision similar to the above.
11. Sales taxis to be inducted in the b d price l Although use tax s not to be included in this bid,
vendors are to register and pay tax direct to the Arkansas State Revenue Department.
12. Prices quoted shall be 'Free on Board' (F.O.B.) to destination at designated City fadli y in Fayetteville. Charges may not be added after the bid is opened.
13. Arkansas Preference must be requested on the bid to be considered as a factor in awn uding a contract.
14. In the event of two or more identical low bids, the contract may be awarded arbitrarily kx for any reason to any of such bidders or split in any proportion between them at
the discretion of the Purchasing Department.
15. Specifications furnished with this Invitation are intended to establish a desired quality cc performance level, or other minimum dimensions and capacities, which will
provide the best product available at the lowest possible price. Other than designated brands and/or models approved as equal to designated products shall receive
equal consideration. When an 'or equal product is bid, the City shall be the sole anbh. hr as to whether that product is equal to the one specified.
16. Samples of hems when required, must be furnished tree, and, if not Bled for within 3cdays from date of bid opening, will become property of the City.
17. Bids received after stated time for opening will not be considered.
18. Guarantees and warranties should be submitted with the bid, as they may be a consid 'ration in making an award.
19. CONSTRUCTION
A. When noted, the Contractor is to supply the City with evidence of having and ma maining proper and complete insurance, specifically Workman's Compensation
Insurance in accordance with the laws of the State of Arkansas, Public Liability aid Property Damage. All premiums and cost shall be pad by the Contractor. In
no way will the City be responsible in case of accident. .1
B. When noted, a Certified check or bid bond in the amount of 5% of total bid shall : ocompany bid.
C. A Performance Bond equaling the total amount of any bid exceeding $10,000.00 must be provided for any contract for the repair, alteration or erection of any
public building, public structure or public improvement (pursuant to Ad 351 of 1953 as amended by Act 539 of 1979).
20. LIQUIDATED DAMAGES — Liquidated damages shall be assessed beginning on the first day following the maximum delivery or completion time entered on this bid
form and/or provided for by the plans and specdroations. I j
21. AMBIGUITY IN BID —Any ambiguity in any bid as the result of omission, error, lack of clarity or noncompliance by the bidder with specifications, instructions, and all
conditions of bidding shall be construed in the light most favorable to the City.
22. The bid number should be stated on the face of the sealed bid envelope. It it s not, thi h envelope will have to be opened to identity.
23. Whenever a bid is sought seeking a source of supply for a specified period of time for i naterials and services, the quantities of usage shown are estimated ONLY. No
guarantee or warranty is given or implied by the participants as to the total amount that may or may not be purchased from any resulting contracts. These quantities are
for the bidders information ONLY and will be used for tabulation and presentation of bid and the participant reserves the right to increase or decease quantities as
required.
24. The City of FayetteviII reserves the right to reject any and all bids, to accept in whole or in part, to waive any informalities in bids received, to accept bids on materials
or equipment with minor variations from specifications in those cases where efficiency if operation will not be impaired, and unless otherwise specified by the bidder, to
accept any item in the bid. It unit prices and extensions thereof do not coincide, the Cry of Fayetteville may accept the bid for the lesser amount whether reflected by
the extension or by the correct multiple of the unit price.
25. Additional information of bid forms may be obtained from:
purchasing Department
City Administration Building
Room 209
113 W. Mountain
Fayetteville, AR 72701
(501) 575-8281
EXHIBIT ,'A"
NOTICE TO[BIDDER
BID NO. 90`--34
I.
COMMODITY:Sprinkler Sy:;tem Addition for Asbell Park
The City of Fayetteville, Arkansans will receive sealed bids at
the Purchasing Office, City Hal]., 113 West Mountain Street,
Fayetteville, Arkansas until 10:30, July 9, 1990 for the
furnishing of Sprinkler System Addition for Asbell Park
Bid forms and specifications may Lie obtained from the Purchasing
Office, located in Room 3O7, 3rd floor of the City Administration
Building.
The City reserves the right to reject any and all bids and to
waive any formalities deemed to be"in the City's best interest.
TAy�6 �I
Peggy Bates
Purchasing Manager
Publish June 25, & July -2, 1990
1. Northwest Arkansas Times
Billing refer to P.O. #23979
CONTRACT DOCUMENTS
ANDI
CONSTRUCTION SPECIFICATIONS
FOR
SOCCER FIELD AT AS BELL SCHOOL
FAYETTEVILLE, ARKANSAS
PREPARED BY
JORGENSEN & ASSOCIATES
CONSULTING ENG:[NEERS
FAYETTEVILLE, ARKANSAS
r
..TUNE; 199G
TABLE OF CONTENTS
PROPOSAL (BID FORM)
UNIT PRICE SCHEDULE
CONTRACT
PERFORMANCE AND PAYMENT BOND
GENERAL CONDITIONS
SPECIAL CONDITIONS
TECHNICAL SPECIFICATIONS
SECTION 1- Soccer Field Construction
PROPOSAL
(BID TORI)
.
Place CIN KALL- -i A.iiE 541WE
• Date Su- 9,1190 - 11: o o k m .
I!
Proposal of A PtC,- ftWCMSAS,tNC..-/`�°GlttJ�oN AtJCAk t>tVtSto,4
a corporation organized and existing
'DEt.Av�IAZE
Proposal of
a partnership consisting of
Proposal of
an individual doing business as
TO: City of Fayetteville
113 W. Mountain
Fayetteville, Apk:
72103
under.the
or
or
laws of the State of
This bid results from your invitation for bids for Construction of a
soccer field at Asbell School.
The undersigned bidder having visited, the site of the work, having examined
the Plans, Specifications, and other Contract Documents, including all Addenda,
and being familiar with all of the conditions relating to the construction of
the proposed project, hereby proposes to furnish all material, supplies,
equipment, and appliances specified for incorporation into the project, and to
furnish all labor, tools, equipment, and incidentals to complete the work in
accordance with the Plans, Specifications ,' and other Contract Documents at the
price stated herein. This price is to cover all expenses incurred in performing
the work required under the Contract Documents of which this Proposal is a
part.
The undersigned bidder agrees to begin work within ten(10) calendar days
after issuance by the Owner of a "Work Order" or "Notice to Proceed" and to
complete the work within 30 calendar days thereafter. Should the work fail
P-1
'.
.f• �,
Bidder acknowledges receipt of the following addendum (addenda):
is
Dated
Dated
Dated
The undersigned Bidder agrees that this bid shall be good and shall
not be withdrawn for a period of sixty (60) calendar days after the opening
thereof. If written notice of the acceptance of this Proposal is sailed,
telegraphed, or delivered to the undersigned within sixty (60) days after the
opening thereof, or at any time thereafter lefore this Proposal is withdrawn,
the undersigned agrees to execute and deli'ier an Agreent in the prescribed
form, and furnish the required Performance land Payment Bond, within ten (10)
days after the Agreement is presented to him :For signature.
It is understood by the undersigned Bidder that the Owner reserves
the right to reject any and all.bids.
Accompanying this Proposal as bid security is certified check bid
(Strike One)
bond in the amount of -Not Rec..'uired-
Dollars
($ ), being not less than five per cent (5%) of the
total of the bid. If the undersigned Bidder is the successful Bidder, but
fails or refuses to execute the Contract and furnish the required bond within
the prescribed ten (10) days of the notification of award, then this bid
security is to become the property of the Omer as liquidated damages for the
delay and additional expense to the Owner caused by such failure or refusal.
4 �' -�-� PPAC 1(Z 1CAr�sIS r k Nc, - MawwlbN IZN�He�De� e �l
(Witness) !Iawe of Bidder)
rl d
ZLfo No a j UO SL ock. By C1S 4 1 ?� • &L_
FA, IAZ TSV t -1 e M -A' SAS t2 -l�
(Address
SEAL (If Bidder is a corporation)
Sf,MA . C-OLvice @ spQ;s3
(i'rint Name and Title)
Zoo Nov-, l,ocAC
i lcvuat; AR4StJS5 it-tot-
bUffice Address of Bidder)
NOTES: Sign in ink. Do not detach.
Items must be bid upon as specified
in the Unit Price Schedule.
P-2
SOCCER FIELD
AT
ASBELL SCHOOL
FAYETTEVILLE, ARKANSAS
UNIT PRICE SCHEDULE
ITEM ESTIMATED ITEM I! UNIT AMOUNT
NO. QUANTITY DESCRIPTION I PRICE BID
1. 1050 C.Y. Fill Placed and
Compacted $ i•nO /c .`I. $ 11350.00
2. 385 C.Y. Top,Soil Placed
& Graded $ IZ.ZDIG`j. $ C1' i.0O
3. 100% Establish Grass $ Z1SZZ_.OO L.S. $ZjBZZ..00
II
TOTAL BID $ 1L�.�861, 0d
1
THIS AGREEMENT made this
by and betweenAPAC Arkansas, Inc
CONTRACT
11th - ! day of
-McClinbnAnchor
organized and existing under the laws of the State
partnership consisting of
July
a Corporation
of Arkansas.).
1990,
(a
(Strike out the two terms not applicable) hereinafter called the
"Contractor" and City of Fayetteville•
hereinafter called the "Owner."
WITNESSETH
That the Contractor and the Owner for the consideration stated
herein mutually agree as follows: 1
ARTICLE 1. Statement of Work. The Contractor shall furnish all
supervision, technical personnel, labor, materials, machinery, tools,
equipment, incidentals and services, in:luding utility and transporta-
tion service and perform and complete all work required for soccer field -
at Asbell School in strict accordance with the plans and specifications
attached herewith as prepared by the Engineer.
ARTICLE 2. The Contract Price. The Owner will pay the Contrac-
tor because of his performance of the Contract, for the total work
performed the lump sum price and unit prices as stipulated in the
Proposal attached herewith. Said lump :scan price shall be full com-
pensation for all work performed as detailed by the plans and shall
include all incidentals. Said price shall be subject to additions or
deductions as follows: The owner may make alterations, may change
the. work or omit from the work covered by this Contract. Charges or
credits for this additional work (or oaaaision of work) shall be based
on the unit prices stated in the Proposal provided the additional work
(or oaunision of work) is of a similar nature. It is agreed that this
additional work (or ommision) shall not,void this Contract). Completion
of this project shall include a final inspection certification and certi-
fication that all subcontractors and/or suppliers have been paid for
all work or materials supplied on this project.
1,1
ARTICLE 3. Contract Time. The Contractor agrees to begin work
within ten(10) calendar days after issuance by the Owner of a "Work
Order" or "Notice to Proceed" and to complete the work within 30
calendar days there after. ,
ARTICL 4. Contract. The executed Contract Documents shall consist
of the following:
a. This Agreement and Proposal
b. Drawings and Specifications
c. Final Inspection Certifications
d. Payment to subcontractors certification
e. General Conditions & Special Conditions
This Agreement, together with other documents enumerated in this ABTLCLE 4,
which said other documents are as fullylla part of the Contract as if hereto
attached or herein repeated, form the Contract between the parties hereto.
In the.event that any provisions in any component part of this Contract
conflicts with any provision of any other component part, the conflict
shall be resolved by the Engineer whose decision shall be final.
ARTICLE 5. Surety. The Surety on the Performance -Payment Bond
shall be a surety company of financial resources satisfactory to the
Owner and authorized to do business in the State of Arkansas.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed in three (3) counterparts, each of which shall be considered an
original, on the day and year first above written.
ATTEST:
Iry r� r✓
City C erk
(Contractor)
Ely , S//�� ,i2 71 (keyTitle l'lLG GS%l/
P.o.ISX I.56-7
tStreet)
1qL�(/✓i/E ,,4z 71 70 Z
(City)
Towner City of F yetteville
By:_'L�/Cl,�<�1/
(Mayor) William 5Artin
ARKANSAS STATUTORY PERPOR_lANCE AND PAYMENT BOND
we,
or corporation)
hereinafter called:Principal,
(Sate whether
I•
and
individual, partnership
hereinafter called Surety, are held and f:Lrmly bound unto
, as Principal,
, as Surety,
Obligee, hereinafter called Owner, in the; amount of
payment whereof Principal and Surety bind themselves, their heirs, persona
representatives, successors and assigns, ,jointly and severally, firmly by
these presents.
d
Principal has by written agreement dieted
entered into a contract with Owner forte
which contract is by reference made a part hereof,
and is hereinafter referred to as the Con',:ract.
The condition of this obligation is ;such that if Principal shall faith-
fully perform the Contract on his part ant shall fully indemnify and save
harmless -Owner from all costs and damage 'which it may suffer by reason of
failure so to do and shall fully reimbursie and repay Owner all outlay and
expense which Owner may incur in making g'iod any such default and, further,
that if Principal shall pay all persons all indebtedness for labor or materials
furnished or performed under said Contract, failing which such persons shall
have a direct right of action against Principal and Surety, jointly and
severally, under this obligation, subject to Owner's priority, then this
obligation shall be null and void; otherwise, it shall remain in full force
and effect. +j
This Bond is given in accordance with the following laws of the State of
Arkansas: Act 368 of 1929, as amended, aid Act 351 of 1953, as amended.
No suit shall be brought on this Bond outside the State of Arkansas and
no suit shall be brought on this Bond except by Owner after six (6) months
from the date final payment is made on the Contract. The six month period of
limitation is waived with respect to Owner and it is agreed that Owner may
bring suit on this Bond any time before suit against Principal would be barred.
Any alterations which may be made in the terms of the Contract,. or in the
work to be done under it, or the giving by Owner of any extension of time for
the performance of the Contract, or any other forebearance on the part of
either Owner or Principal to the other shall not in any way release Principal
and Surety or Sureties) or either or any of them, their heirs, personal repre-
sentatives, successors or assigns, from their liability hereunder, notice to
Surety or Sureties of any such alteration, extension or forebearance being
hereby waived.
PB-1
Y II
In no event shall the aggregate'liab`iaity of Surety exceed the sum set
out herein.
Executed this day of , 19
Fj
(prcipal)
.By-
-
(Surety)
By -';I
NOTES:
1. This bond form is mandatory. No other form will be acceptable.
2. The date of the Bond must not be,prior to the date of the Contract.
3. Any surety executing this Bond wist appear on the 0. S. Treasury
Department's most current list (!:ircular 570, as amended) and be
authorized to transact business La the State of Arkansas.
1
it
GENERAL CONDITIONS
a ,
u �
GC.1 CONTRACT DOCUMENTS
ALL ,Contract Documents incLuding the following; Bid Form,
General Conditions, Special Conditions, Construction or Detailed Specifications,
Material Specifications, Contract Form, Performance and Payment Bond Form, all
other documents bound herewith, Plans, bound herewith and separately, and all
Addenda are essential parts of the Contract.
GC.2 PERFORMANCE AND PAYMEZPT BOND
Promptly upon execution of the'Contract, the Contractor, at his
expense shall furnish the Owner with a surety bond in the amount equal to one
hundred percent (100%) of the Contract pe:ice, issued in quadruplicate by a
corporate surety acceptable to the Owner.,Iand authorized to do business in the
State of Arkansas, signed or countersigned by an agent of the surety resident
in the State of Arkansas, with the issuing agent's power of attorney attached
to each copy of the bond, which bond shall be conditioned for the faithful
performance of the Contract and for the payment of all labor and material
bills. The bond shall be in form and substance identical to the form which is
made a part of these Contract Documents; that bond form is mandatory. However,
the terminology expressed in the bond form is not exclusively determinative of
the surety's responsibility; by the issuance of the bond, the surety shall be
liable for any failure of the Contractor, to perform in accordance with the
Contract Documents, including initial or corrective performance and including
payment, of liquidated and consequential damages of the Owner, if applicable.
The liability of the surety for the Contractor's breach of any requirents of
the Contract Documents shall continue as long as the Contractor's liability
continues under the Arkansas Uniform Commercial Code and other applicable law.
The date of the Performance Bond shall not be prior to the date of
the Contract. 1
GC.3 AWARD OF CONTRACTS
Bids will be considered on the: basis of the total price given in the
bid forms.
The bidder to whom the Contract is to be awarded will be notified in
writing within thirty (30) days after receiving bids of its acceptance of his
Proposal. The Contractor shall completes the execution of the Required Bond
and Contract within ten (10) days of such notice.
GC.4 DEFINITIONS 1.
The following words, or pronouns used in their stead, wherever used
in the Contract Documents shall have the following meanings:
GC -1
"Contractor" - shall meal the` individual, partnership or corporation
entering into an agreement with the Owner to perform the work covered by these
specifications and his or their authorized agents or legal representatives,
and pronouns he, his and him shall refer to the Contractor whether an individual,
partnership or corporation.
"Engineer" - shall mean the person designated to act as Engineer for
the Owner or his duly authorized agents, such agents acting within the scope
of the particular duties entrusted to them.
The words "directed", "permitted", "oidered", "approved", or words
of similar import shall be understood to refer to the direction, permission,
orders, approval, etc., of the said Engineers.
"Sub -Contractors" - shall wean the individual, partnership or
corporation entering into an agreement with the Contractor to perform any
portion of the work covered by these specifications.
"Work" - shall mean the furnishing of all necessary labor, tools,
equipment, appliances, supplies and material other than materials furnished by
the Owner as specified to complete the construction covered by these specifica-
tions.
"Surety" - shall mean any person, firm or corporation that has
executed, as Surety, the Contractor's Performance Bond securing the performance
of the Contract.
"Plan" - shall mean the Drawings which. are a part of the Contract.
"Contract Documents" - shall mean all papers bound in this copy
entitled Specifications and Contract Documents, together with the Plans which
may be separately bound.
GC.5 INSURANCE
Before any work is commenced, the Contractor shall furnish a certi-
ficate of insurance addressed to the Owner, showing that he carries the following
insurance which shall be maintained throughout the term of the Contract.
Workmen's. Compensation
Comprehensive General & Automobile
Insurance
Bu:di 1y Injury Liability
Property Damage Liability
GC -2
Statutory Amount
5500,000 for each person injured
$1,000,000 for each accident
$250,000 for each accident
$500,000 aggregate
If work includes pipelines or other underground structures, the
Property Damage Liability (Comprehensive General Liability Insurance) shall be
$250,000 each accident and $500,00daggregate. The insurance shall include
explosion, collapse and underground coverage.
The premiums for all insurance and the bond required herein shall be
paid by the Contractor.
It shall be the obligation of the Contractor to complete and deliver
to the Owner the structure required by these Contract Documents regardless of
any loss, damage to or destruction of the structure prior to delivery.
See GC. 2 1 for Owner's and Engineer's Protective Liability Insurance.
GC.6 EEECDTION OF CONTRACT DOCUMENTS
Within ten (10) days of receipt of copies of the Contract, the
Contractor shall execute four (4) counterpart copies of the Contract Documents
and return them to the Owner. After execution by the Owner, one (1) copy each
shall be furnished the Contractor and his Surety.
GC.7 INTENT OF CONTRACT DOCMENTS
The Contract Documents are complementary and what is called for by
any one shall be as binding as if called for by all.
The intention of the Contract Documents is to include all super—
vision,., labor, tools, equipment, transportation and materials other than
materials furnished by the Owner as specified necessary for the proper
execution of the work.
Materials or work described in words which so applied have a well
known technical meaning shall be held to refer to such recognized standards.
GC.S DRAWINGS
The Engineer shall furnish to the Contractor, free of charge, three
(3) copies of Plans, Specifications and Contract Documents, in addition to the
executed copies necessary for the completion of the work. Other copies will
be furnished if requested by the Contractor at the cost of reproduction.
The Contractor shall keep one (1) copy of all drawings and Contract
Documents in good condition readily accessible at the site of the work available
to the Engineer and his authorized representatives.
GC.9 CONTRACTOR'S EMPLOYEES
The Contractor shall employ only competent skillful men on the work
and shall at all times enforce strict discipline and good order among his
employees.
The Contractor shall neither permit nor suffer the introduction or
use of spiritous liquors or controlled substances upon or about the work
embraced in this Contract.
GC -3
The Contractor shall maintain a qualified superintendent on the job
at all times, who shall be the Contractor's agent responsible for the faithful
discharge of the Contractor's obligations under the Contract. The Contractor
shall notify the Owner in writing of the designation of the superintendent and
his successors.
GC.10 PAYMENT OF MATERIALS - EQUIPMENT
Unless otherwise stipulated, the Contractor shall provide and pay
for all materials, labor, tools, equipment, water, light, power, transportation
temporary construction of every nature and all other facilities necessary for
the execution and completion of the work.
GC.11 SANITARY PROVISIONS
The Contractor shall provide necessary toilets for the workmen,
properly secluded from public observation and shall comply with sanitary
regulations of the Health Department or any other authority having juris-
diction.
GC. 12 LAWS - ORDINANCES
The Contractor shall keep himself fully informed of all existing and
future Federal, State and local laws, ordinances and regulations which in any
manner affect those engaged on the work or material or equipment used in or
upon the work or in any way affecting the conduct of the work. Lack of knowled
thereof is no defense to full performance of the Contract.
GC.13 PERMITS - LICENSES
The Owner will
secure easements
across public
or private property
permanently required for
the pipelines at
no cost to the
Contractor.
•The Contractor shall lease, buy, or otherwise make satisfactory
provision, without obligating the Owner in any manner, for any land required
outside the land provided by the Owner.
State Highway and Railroad Crossing Permits will be secured by the
Owner. All other permits and licenses necessary for the prosecution of the
work shall be secured and paid for by the Contractor.
GC.14 ROYALTIES AND PATENTS
The Contractor shall pay all royalties and license fees and shall
defend all suits or claims for infringement of any patent rights and shall
save the Owner harmless from any loss on account thereof.
GC.15 PROTECTION OF WORK AND PROPERTY
The Contractor shall continuously maintain adequate protection of
all his work from damages and'shall protect the property of the Owner from
damage or loss.
GC -4
The Contractor shall protect adjacent or adjoining property or
properties in any way encountered in the prosecution of the work from any
damage or injury.
The Contractor shall indemnify and save harmless the Owner, its
representatives and agents, from all claims, costs, expenses or liabilities
accruing in consequence of any act on the part of the Contractor or from
failure to properly guard the work in progress, the adjacent property or
persons using the streets or from any other causes whereby injury to property
or persons is caused.
If damage or injury is done to private or public property, the
Contractor shall restore or have restored at his expense such damaged property
to a condition equal or better than that existing prior to the damage.
• The Contractor shall not interfere in any way with the work of any
other contractor on this project.
CC. 16 QUALITY OF WORK AND PROPERTY
• All property, materials and equipment shall be new and free of
defects upon completion of the Contractor's performance and unless different
standards are specified elsewhere in the Contract Documents shall be of the
best type and quality available for the purpose. All of the Contractor's work
shall be performed with the highest degree of skill and completed free of
defects and in accordance with the Contract Documents. Any work, property,
materials, or equipment not in conformance with these standards shall be
considered defective. If any work, property, materials or equipment is
discovered to have been defective or not in conformance with the Contract
Documents, whether said discovery is made before or after completion of
performance, the Contractor, at his expense, after written notice from the
Owner or Engineer, shall promptly replace or correct the deficiency and pay
any engineering costs and consequential expense or damage incurred by the
Owner in connection therewith. If the Contractor fails to promptly correct
all deficiencies, the Owner shall have the option of remedying the defects at
the Contractor's cost. If the Contractor is required to furnish shop drawings
or designs the above provisions shall apply to such drawings or designs.
Neither the Owner's payment, acceptance, inspection or use of the
work, property, materials, or equipment, nor any other provision of the Contract
Documents shall constitute acceptance of work, property, materials, or equipment
which is defective or not in accordance with the Contract Documents. If the
Contractor breaches any provision of the Contract Documents with respect to
the quality of the work, property, materials, equipment or performance, whether
initial or corrective, its liability to the Owner shall continue until the
statute of limitations with respect to such breach of contract has expired
following discovery of the defect. All parts of Section 16 are cumulative to
any other provisions of the Contract Documents and not in derogation thereof.
If it is customary for a warranty to be issued for any of the property to be
furnished hereunder, such warranty shall be furnished, but no limitations in
any such warranty shall reduce the obligations imposed upon the Contractor in
the Contract Documents or by Arkansas Law, but if any greater obligations than
imposed in this Contract is specified in any such warranty or by Arkansas Law,
those greater obligations shall be deemed a part of this Contract and enforce-
able by the Owner.
GC -5
GC.17 INSPECTION OF WORK
The Engineer,, his authorized representative, and any Federal, State,
County or local authorty representatives having jurisdiction over any part of
the work or area through which the work is located, shall at all times have
access to the work in progress.
The detailed manner and method of performing the work shall be under
the direction and control of the Contractor, but all work performed shall at
all times be subject to the inspection of the Engineer or his authorized
representative to ascertain its conformance with the Contract Documents. The
Contractor shall furnish all reasonable aid and assistance required by the
Engineer for the proper inspection and exam nation of the work and all parts
thereof.
The Engineer is not responsible for the Contractor's means, methods,
techniques, sequences or procedures of construction, or safety precautions and
programs incident thereto.
Inspectors may be appointed by the Engineer or Owner. Inspectors
shall have no authority to permit any deviation from the Plans and Specifica-
tions except on written order from the Engineer and the Contractor will be
liable for any deviation except on such written order. Inspectors shall have
authority, subject to the final decision of the Engineer, to condemn and
reject any defective work and to suspend the work when it is not being per-
formed properly. •
The inspector shall in no case act as superintendent or 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 Contracto
shall in no way be construed as binding to the Engineer in any way or releasin
the Contractor from fulfilling all of the terms of the Contract.
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 pre-
viously overlooked and estimated for payment and payment therefor made by the
Owner.
All condemned or rejected work shall be promptly taken out and
replaced by satisfactory work. Should the Contractor fail or refuse to comply
with the instructions in this respect, the Owner may, upon certification by
the Engineer, withhold payment, proceed to terminate the Contract or perform
work as provided herein.
GC. 18 TIME OF COMMENCEMENT AND COMPLETION
The Contractor shall commence work within the time specified and the
rate of progress shall be such that the whole work will be performed in accor-
dance with the Plans, Specifications, and Contract Documents within the time
limit specified, unless an extension of time is made in the manner hereinafter
specified.
GC -6
GC.19 UNFORESEEN DIFFICULTIES
J
1. f
All loss or damages arising out of the nature of the work to be
performed. under this Contract or from any unforeseen obstructions or difficul-
ties which may be encountered in the prosecution of the same, or from weather,
acts of God, strikes, work stoppages or slowdowns shall be sustained by the
Contractor.
GC.20 ALTERATIONS - OMISSIONS - EXTRA WORK
The Owner may, when deemed necessary, make alterations and modifi-
cations in the Specifications, or slay change the work, or may omit from the
work covered by this Contract, any portion thereof or may order extra work
performed.
Charges and credits for all work of a similar nature as bid upon
shall be based on the unit prices stated in the Contract.
It is expressly agreed and understood, that such alterations, additioi
modifications or omissions shall not in any way violate or annul this Contract.
and the Contractor hereby agrees not to claim or bring suit for any damages,
whether for loss of profits or otherwise, on account of said changes. -
Whenever, during the progress of the work, any additional work,
change, or modifications in the work contracted for is agreed upon as aforesaic
such additional work, change or codifications shall be considered and treated
as though originally contracted for, and shall be subject to all terms, condi-
tions and provisions of the original contract except that no extension of time
of completion shall be allowed owing to such additional work, change or
modification, unless the same is approved by the Owner.
In case extra work is encountered which is outside the scope of
these specifications and upon which the Contractor and Owner fail to agree
upon a price, the Contractor shall perform such work upon a basis of actual
cost plus fifteen percent (15%) for overhead, profit, etc. The actual cost
shall include the cost of labor, field supervision, equipment rental, materials
insurance, payroll taxes and any other costs directly chargeable to this part
of the work provided said costs are specified at the time of the change order.
It shall not include any allowance for office overhead, general supervision,
profit, etc., which are considered to be covered by the fifteen percent (15%)
allowances. All such work shall be under the terms of the original contract
without invalidating any of the terms thereof.
GC.21 DELAYS - EXTENSION OF TIME - LIQUIDATED DAMAGES
If the Cuatrnctor be delayed at any time in the progress of the work
by any act or neglect of the Owner, the Owner's Engineer or employees, or by
any separate contractor employed by the Owner, or by changes ordered in the
work or by strikes, lock -outs, fire, unusual delay in transportation, unavoid-
able casualty or any other cause beyond the Contractor's control, then the
time of completion shall be extended for such reasonable time as the Owner may
decide. Provided, however, said time of completion shall be extended upon. the
following conditions and no other:
GC -7
(a) Requests for extension of time shall be is writing. No extension
of time shall be granted automatically.
(b) The Contractor claiming an extension of time because of any of
the contingencies hereinabove mentioned shall, within seven (7) days of the
occurrence of the contingency which justifies the delay, notify the Owner in
writing of his claim and the reasons therefor.
(c) In event of a continuing cause of delay only one claim is
necessary.
It is acknowledged between the parties to this Contract that the
work to be performed by the Contractor will result in a benefit to all customers
of the Owner and that a delay in completion of the work will be detrimental to
many customers of the Owner. It is further acknowledged that, while work is
in progress, the Owner shill incur an indeterminable amount of expense as a
result of necessary supervision of the work and other overhead and administra-
tive expenses.
It is, therefore, agreed that if there is a delay in the work beyond
the period elsewhere herein specified which has not been authorized as set
forth above, then the Owner may deduct from the Contract price the amount
stated in the Special Conditions, bound herewith, as liquidated damages.
GC.22 OWNER'S RIGHT TO DO WORK
If the Contractor should neglect to prosecute the work properly or
fail to perform any provision of the Contract the Owner, after three (3) days'
written notice to the Contractor, may without prejudice to any other right or
remedy the Owner may have, correct such deficiencies and may deduct the cost
thereof from any payments then or thereafter due the Contractor.
GC.23 SUSPENSION OF WORK
Should contingencies arise to make such action necessary, the Owner
shall have the right to suspend the whole or any part of the work for a period
not to exceed sixty (60) days by giving the Contractor nutice is writing three
(3) days prior to the suspension.
The Contractor, after written notice to resume work shall begin
within ten (10) days from the date of such notice.
If the work or any part thereof shall be stopped by the Owner's
notice and the owner fails to notify the Contractor to resume work within
sixty (60) days, the Contractor may abandon that portion of the work so
suspended and the Contractor shall be paid for all work performed on the
portion so suspended at unit prices quoted in the bid for completed work
involved at agreed prices on any extra work involved and at a fair and
equitable price for partially completed work involved.
GC -8
The Engineer may suspepd work pending the settlement of any con-
troversy. The Contractor shall Act be entitled to any claim for loss or
damage by reason of such delay nor shall he be entitled to any extension of
time but an extension may be granted by the Owner in his discretion.
GC.24 OWNER'S RIGUr TO TERMINATE CONTRACT
If the Contractor shall be adjudged a bankrupt or shall file a
petition for an arrangement or reorganization under the Bankruptcy Act, 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 solvency, or if he should
persistently or repeatedly refuse or should fail, except under conditions
where extension of time is approved, to supply adequate workmen, equipment and
material, or disregard laws, ordinances, or the instructions of the Engineer,
or otherwise be guilty of a violation of any provisions of the Contract, then
the Owner upon certification 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) days' written notice, terminate the
employment of the Contractor.
At the expiration of the said ten (10) days the Owner may imediatel:
serve notice upon the Surety to complete the work.
In case the Surety fails to comply with the notice within thirty
(30) days after service of such notice, the Owner may complete the work and
charge the expense of the completion, including labor, materials, tools,
implements, machinery or apparatus to said Contractor and the expense so
charged_shall be deducted and paid by the Owner out of such monies as may be
due or that may thereafter at any time become due to the Contractor under and
by virtue of this agreement. And in case such expense is less than the sum
which would have been payable under this Contract, if the same had been com-
pleted by the Contractor, then said Contractor shall be entitled to receive
the difference. And in case such expense is greater than the sum which would
have been payable under this Contract, if the same had been completed by said
Contractor, then the Contractor and his Surety shall pay the amount of such
excess to the Owner on demand from said Owner or Engineer of the amount so
due.
At the end of each calendar month the Engineer shall prepare a
certificate estimating the total value of work done during the preceding
month.
The Owner shall thereafter pay to the Contractor on or about the
tenth day of the current month the amount due as established by the Engineer,
including the value of submitted paid invoices covering construction materials
which are required for the work which are stored at the job site or in a
bonded warehouse, less retainage specified below, further less all previous
payments, further less five percent (5%) until the requirements of Section
GC.26 of the General Conditions have been satisfied, and further less all
amounts due the Owner.
GC -9
Retainage shall be ten percent (10%)
the work is fifty percent (50%) complete, as d
further amounts will be withheld as retainage,
been determined that the work is fifty percent
above. Retainage shall not apply to materials
GC.26 TAXES
of the value of the work until
etermined by the Engineer. No
as defined herein, after it has
(50%) complete as described
described above.
State Law requires the Owner to withhold five percent (5%) of any
payment due a resident contractor until advised by the Commissioner of Revenues
that all use tax due the State has been paid by the Contractor or that he has
furnished bond to the State; five percent (5%) must also be withheld from a
non-resident contractor until advised that the Contractor has registered with
the State. The Contractor may avoid the five percent (5%) retainage by com-
plying with the law in advance of coaencing performance. The five percent
(5%) retainage referred toin this paragraph shall be in addition to any other
retained percentage referred to in the Contract Documents.
GC . 27 PAYMENTS WITRwLD
The Owner may withhold payment to the Contractor in the event of
subsequently discovered evidence, nullify the whole or a part of any certificate
or estimate for payment to such extent as may be necessary to protect the
Owner from loss on account of:
(a) Failure of the Contractor to remedy defective work or repair
any pipeline leaks that may develop before or after any section of a pipeline
is tested; before or after any section of a pipeline is placed in service; or
at any time prior to the time that final payment is due.
(b) Any unpaid claims or reasonable evidence indicating probable
filing of such claims.
(c) Failure of Contractor to make payments properly to subcon-
tractors or for equipment, material or labor.
(d) A reasonable doubt that the Contract can be completed for the
balance then unpaid.
(e) Damage to another contractor.
(f) Failure to present proof of payment of applicable use taxes or
failure to post bond with the Commission of Revenues as security.
When the above grounds are removed, payment shall be made for amounts
withheld because of them.
GC.28 FINAL PAYMENT AND ACCEPTANCE
Within thirty (30) days after satisfactory completion of the work
and the compliance by the Contractor with all provisions of the Specifications
and Contract Documents, the Owner shall pay to the Contractor the entire
amount due, less all previous payments.
GC -10
If the work includes pipelinet,, pumping facilities or other structures,
the Contractor shall maintain the work for a period of ninety (90) days following
its acceptance by the Owner.
All prior payments shall be subject to correction in the final
payment.
Prior to final payment the Contractor shall furnish the Owner with
satisfactory evidence that all persons who have done work or have furnished
equipment or material have been fully paid or shall file statements showing
balance due on all accounts.
The Owner
may
withhold
the amount of
any liable claims against the
Contractor pending
the
result of
legal or other
adjudication
thereof.
CC.29 Gt;:;C3' 5 ND ENGINUR' S PROT"CTIVE LIABILITY INSL'° y.%rt
Section CC.15, PROTECTION CF WORK AND PPrPERTY, renuires the
Contractor to indemnify and save harmless the Cwner and the rnz:nesr
because of alleged liability of the Cwner or the Ergneer. The
Contractor shall exercise proper precaution for the protectt_on of
persons and property. The Contractor shall obtain insurance rur.-
ning for the construction period of the project naming as the insured
the .Jorgensen & Associates, Consulting Engineers, 2863 Cld Missouri
Rd., Fayetteville, Arkansas. Such insurance shall be in form and
substance similar to Railroad Protective Liability Policy .Ps
approved by Federal, State, and Railroad agency Limits of lihil°_r_y
shall be the following:
Bodily Injury Liability (Including Death)
$1,000,000 each occurrence
Physical Damage Liability (Damage to or Destruction to ^roper:;.
$250,000 each occurrence
$500,00 each aggregate
GC.30 LINES AND GRADES
The Engineer will set all points and stakes as necessary to
control the work of the Contractor. Such control points and stakes :•._:
be sufficient means of alignment and grade control (as reruired).
The Contractor shall exercise diligence in the preservation cj r
conLrot points and stakes. Should any such become displaced, or shoulc
there be reason to believe that any such may have been displaced, t.c
Contractor shall notify the Engineer thereof immediately. Any
control point or stake requiring resetting because of the Contractor's
negligence, will be reset by the Engineer but at the expense of the
Contractor.
GC. -it
SC.1 GENERAL
In case of conflict between any of the Contract Documents,
priority of interpretation shal'1 be' in the following order: Signed
Agreement, Performance and Payment Bonds, Special Bonds (if any),
Proposal, Special Conditions of Agreement, Notice .to Contractors,
Technical Specifications, Plans, and General Conditions of Agreement.
SC.2 ENGINEER
The word "ENGINEER" in these Specifications shall be understood
as referring to Jorgensen& Associates, Consulting Engineers, Fayettevill
Arkansas, ENGINEER of the OWNER, or such other representative as may
be authorized by said OWNER to act any particular position.
SC.3 LOCATION OF PROJECT
This project is located within the proximity of the City of
Fdyetteville,.Arkansas. A map showing the general location is in-
cluded in the Plans.
SC.4 SCOPE OF WORK
The work to be performed under this Contract consists of
furnishing all materials, labor, supervision, tools and equipment
necessary for construction of a soccer field at Asbell School.
SC.5 TIME ALLOTTED FOR COMPLETION
The time allotted for completion of the work shall be
within ( 30) calendar days, which time shall begin within
ten (1O) days. of the work order or notice to proceed, or upon the
date the Contractor moves on the site to begin the work, which-
ever is the earliest date.
After award of the Contract is made and the Contract
Documents are complete, the Engineer shall issue a Mork Order
notifying the Contractor to proceed with the construction of the
project, subject to the provisions of this paragraph.
SC.6 FORMS, PLANS AND SPECIFICATIONS
Forms of Proposal, Contract and Bonds, and Plans and
specifications may be obtained from Jorgensen& Associates,
Consulting Engineers, 2863 Old Missouri Rd , Fayetteville,
Arkansas, upon payment of No refund will be made. _
SC -1
SC.7 PAY ITEM DESCRIPTION
The Proposal contains a list'of unit price payment items and some
lump sum price payment items. The components of the various pay items are
discussed in the MEASUREMENT AND PAYMENT paragraph of these Specifications.
Of necessity the items described as components are discussed in a
general manner only, describing the major pieces of equipment and/or materials.
Any item and/or appurtenance not specifically mentioned shall be considered a
portion of the bid item to which, in the opinion of the Engineer, its function
is most directly related. Failure to list all items and/or appurtenances does
not relieve the Contractor from furnishing all apparatus, devices, labor or
materials of whatever nature required fo; a complete and operating installation
in accordance with the intent of the Drawings, approved Shop Drawings and
these Specifications.
The successful Contractor shall, as soon as possible after award of
the. Contract, submit a list itemizing the components of each lump sum bid item
and their respective costs to be used as an aid in the preparation of partial
payments.
SC.8 AWARD OF CONTRACT
The Owner will notify the successful Bidder in writing within thirty
(30) days after the date of receiving bids of its acceptance of his Proposal.
The Contractor shall complete the execution of the required Bond and Contract
within ten (10) days of such notice.
SC.9 LIQUIDATED DAMAGES FOR DELAY
The Contractor agrees that time is the essence of this Contract and
that for each day of delay beyond the number of calendar days herein agreed
upon for the completion of the work herein specified and contracted for after
due allowance for such extension of time as is provided for in the General
Conditions of Agreement, the Owner may withhold, permanently, from the Con-
tractor's total compensation the sum of Two Hundred Fifty Dollars ($250.00) as
stipulated damages for each day of such delay.
SC.10 EXAMINATION OF SITE OF PROJECT
Prospective bidders shall make a careful examination of the site of
the project, soil and water conditions to be encountered, improvements to be
protected, disposal sites for surplus materials not designated to be salvaged
materials, and as to method of providing ingress and egress to private pro-
perties, and methods of handling traffic during construction of the entire
project.
SC.11 SEQUENCE OF CONSTRUCTION
No specific order or sequence of work is required. However, due to
the urgency of the project, the Contractor will be expected to staff the
project as required in order to complete the work in the time allotted. The
SC -2
Contractor shall submit a detailed work schedule to the Engineer for approval
as soon as possible after award of the Contract.
ki VIP mins
Bidders desiring further information or. interpretation of the Plans
or Specifications swat sake request for such information to the Engineer prior
to forty-eight (48) hours before the bid opening. Answers to all such requests
will be given in writing to all bidders, in addendum form, and all addenda
will be bound with and made a part of the Contract Documents. No other
explanation or interpretation will be considered official or binding. •
Should a bidder find discrepancies in, or omissions from, the Plans,
Specifications, or other Contract Documents, or should he be in doubt as to
their meaning, be should at once notify the Engineer in order that a written
addendum may be sent to all bidders. Any addenda issued prior to twenty-four
(24) hours of the opening of bids will be mailed or delivered to each Con-
tractor contemplating the submission of a Proposal on this work. The Proposal
as submitted by the Contractor will be constructed as to include any addenda
if such are issued by the Engineer prior to twenty-four (24) hours of the
opening of bids.
SC.13 PERMITS AND RIGHTS -OF -WAY
All construction included herein is on public property or property
or easements owned by the City of Fayetteville. The Contractor
shall confine his operations to these properties and/or easements.
SC.14 REFERENCE SPECIFICATIONS
. Where reference is made in these Specifications to specifications
compiled by other agencies, organizations or departments, such reference is
made for expediency and standardization and such Specifications referred to
are hereby made a part of these Specifications.
Fi fl
In case it is necessary to change or move the property of any owner
or of a public utility, such property shall not be moved or interfered with
until ordered to do so by the Engineer. The right is reserved to the owner of
public utilities to enter upon the limits of the project for the purpose of
making such changes or repairs of their property that may be made necessary by
performance of this Contract.
Sc-, . " --
SC.16 USED HATERIALS
No material which has been used by the Contractor for any temporary
purpose whatever is to be incorporated in the permanent structure without
written consent of the Engineer. _ -
SC. 17 EXISTING STRUCTURES
The Plans show the locations of all known surface and subsurface
structures. However, the Owner assumes no responsibility for failure to show
any or all of these structures on the Plans or to show them in their exact
location. It is mutually agreed that such failure shall not be considered
sufficient basis for claims for additional compensation for extra work or for
increasing the pay quantities in any manner whatsoever, unless the obstruction
encountered is such as to necessitate changes in the lines or grades or .
requires the building of special work, provisions for which are not made in
the Plans and Proposal, in which case the provisions in these Specifications
for extra work shall apply.
The Contractor shall be responsible for protection of all existing
structures and any damage caused by his operations shall be repaired immediately
without cost to the Owner. It shall be the responsibility of the prospective
Contractor to examine the site completely before submitting his bid.
SC.18 USE OF EXPLOSIVES
No blasting or use of explosives will be permitted on this project.
SC.19 BARRICADES, LIGHTS AND WATCBNEN
Where the work is carried on in or adjacent to any street, alley or
public place, the Contractor shall, at his own cost and expense, furnish and
erect such barricades, fences, lights and danger signals, shall provide such
watchmen, and shall provide such other precautionary measures for the pro-
tection of persons or property and of the work as are necessary. Pedestrian
safety and vehicle safety are of utmost importance on this project.
Barricades shall be painted in a color that will be visible at
night. From sunset to sunrise the Contractor shall furnish and maintain at
least one light at each barricade and sufficient number of barricades shall be
eredted to keep vehicles from being driven on or into any work under construc-
tion. The Contractor shall furnish watchmen in sufficient numbers to protect
the work.
The Contractor will be held responsible for all damage to the work
due to failure of barricades, signs, lights, and watchmen to protect it and
whenever evidence is found of such damage, the Engineer may order the damaged
portion immediately removed and replaced by the Contractor at his cost and
expense. The Contractor's responsibility for the maintenance of barricades,
SC -4
signs and lights and for providing watchmen shall not cease until the project
shall have been accepted by the Owper..
SC.20 FENCES AND DRAINAGE CHANNELS
Boundary fences or other improvements removed to permit the instal-
lation of the work shall be replaced in the same location and left in a condition
as good or better than that in which they were found except as indicated on
the Drawings. Such replacement or restoration shall be paid for as shown in
the Unit Price Schedule.
Where surface drainage channels are disturbed or blocked during
construction they shall be restored to their original condition of grade and
cross section after the work of construction is completed.
SC.21 DISPOSAL OF WASTE MATERIALS
All trees, stumps, slashings, brush or other debris removed from the
sites as a preliminary to the construction work shall be removed from the
property and disposed of in a manner approved by the Engineer.
All excavated earth in excess of that required for backfilling shall
be removed from the job site and disposed of in a satisfactory manner, except
in locations where, in the judgment of the Engineer, it can be neatly spread
over the adjacent area.
CC.22 WATER FOR CONSTRUCTION
Water used for the mixing of concrete testing or any other purpose
incidental to this project will be furnished by the Contractor. The Contractor
shall make the necessary arrangements for securing and transporting such water
and shall take such water in a manner and at such times that will not produce
a harmful drain or decrease of pressure in the City's water system. No separate
payment will be made for water used but the, cost thereof shall be included in
the various items of the Proposal and Bid Schedule.
SC.23 GUARANTY AGAINST DEFECTIVE WORK
The Contractor shall indemnify the Owner against any repairs which
may become necessary to any part of the work performed under this Contract
arising from defective workmanship or materials used therein for a period of
one (1) year from the date of final acceptance of the entire project.
SC.24 COORDINATION WITH OTHERS
The Contractor shall coordinate his activities with other
Contractors that may be working on separate work in this area.
SC.25 MATERIAL STORAGE
Materials delivered to the site of the work in advance of their use
shall be stored so as to cause the least inconvenience and in a manner satis-
factory to the Engineer.
SC -5
TECHNICAL SPECIFICATION
SECTION I: SOCCER FIELD CONSTRUCTION
The general scope. of this project shall be for the contractor
to furnish all material and labor to install a soccer field
at Asbell School as shown on the attached drawings. The Owner
is interested in a lump sum price for the installation of
this field.
The soccer field to be constructed is refered to as soccer
field No. 1 and presently exists at Asbell School. This field
is presently uneven and periodically floods. Construction
shall proceed with the removal of any top soil from the existing
surface. Said top soil shall be stockpiled on the East and
West side of the field. The contractor shall then install
select fill "hillside gravel" within 4" of the plan finished
grade. All fill material shall be placed in 6" lifts and com-
pacted by sheeps foot to obtain a density of 90% (Standard
Method). Following installation of select fill material the
contractor shall then install 4" of top soil. Final grading
shall include the installation of drainage swales as indicated
on the plans to improve drainage.
Grass shall be established by the placement of sprigs, (tiff
green) at approximately 16" on center. Sprigs shall be placed
approximately 2"-3" deep and the root system shall be covered
with top soil. The contractor shall water the field initially
and the Fayetteville Parks will continue regular watering.
It shall be noted that an underground sprinkler system shall
be installed by a separate contractor. The contractor for this
project shall coordinate his activities with underground piping
activities. The piping contractor shall install his pipe after
the soccer field contractor installs the top soil. The piping
contractor shall be responsible for leveling and restoring the
surface. The soccer field contractor can then commence place-
ment of grass.
SC.26 EXISTING UTILITIES AND SERVICE LINES
The Contractor shall be responsible for the protection of all existing
utilities or improvements crossed by or adjacent to his construction operations.
Where existing utilities or service lines are cut, broken or damaged, the
Contractor shall replace or repair immediately the utilities or service lines
with the same type of original material and construction, or better, at his
own cost and expense.
SC.27 TESTING, INSPECTION AND CONTROL
Testing and control of all materials used in the work shall be done
by an approved commercial laboratory employed and paid directly by the Owner
unless otherwise specified in the Technical Specifications. The Contractor
shall furnish, at his own expense, all necessary specimens for testing of the
materials as required by the Engineer.
SC.28 CLEAN-UP
At the conclusion of the work all tools, temporary structures and
materials belonging to the Contractor shall be promptly removed and all dirt,
rubbish and other foreign substances shall be disposed of in a manner satis-
factory to the Engineer.
SC.29 BOND
Coincident with the execution of the Contract, the Contractor shall
furnish a good and sufficient surety bond in the full amount of the Contract
sum guaranteeing the faithful performance of all covenants, stipulations and
agreements of the Contract, the payment of all bids and obligations arising
from the execution of the Contract, which bills or obligations might or will
in any manner become a claim against the Owner, and guaranteeing the work
included in this Contract against faulty materials or poor workmanship for one
(1) year after the date of completion of Contract.
All provisions of the bond shall be complete and in full accordance
with statutory requirements. The bond shall be executed with the proper
sureties through a company licensed and qualified to operate in the State and
approved by the Owner. The issuing agent's power of attorney shall be attached
to the bond and the bond shall be signed by an agent resident in the State and
date of bond shall be the date of execution of the Contract. If at any time
during the continuance of the Contract the surety on the Contractor's bond
becomes irresponsible the Owner shall have the right to require additional and
sufficient sureties which the Contractor shall furnish to the satisfaction of
the Owner within ten (10) days after notice to do so. In default thereof, the
Contract may be suspended and all payments or money due the Contractor withheld.
SC.30 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
Three (3) sets of Plans and Specifications shall be furnished to the
Contractor, at no charge, for construction purposes. Additional copies may be
obtained at cost of reproduction upon request.
SC -6
RESOLUTION NO. 1) OP -90
A RESOLUTION AUTHORIZING A CONTRACT BETWEEN
THE CITY OF FAYETTEVILLE AND MCCLINTON-ANCHER
AS THE LOW -BIDDER, TO CONSTRUCT THE ASBELL
SOCCER FIELDS.
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 contract in the
amount of
$14,869.00 with
McClintion-Ancher as
the low -bidder, to
construct
the Asbell Soccer
Fields. A copy of
the contract authorized
for
execution hereby
is attadned hereto
marked Exhibit "A"
and made a
part hereof.
PASSED AND APPROVED this 1rd _ day of July , 1990.
APPROVED:
Asst. Mayor
ATTEST:
ClyCe l�/�tru✓
City rk
EXHIBIT "A"
PEGGY BATES m`r
PURCHASING OFFICER
(501) 575-8281
INVITATION TO BID
CITY OF FAYETTEVILLE, ARKANSAS
BID NUMBER: 90-34 I DATE ISSUED:
June 22, 1990
COMMODITY CLASSIFICATION: BUYER: (�2
Peggy Bates {
F.O.B.: BUYER'S PHONE 0:
Fayetteville, AR I 501/575-8289
ITEM NO. DESCRIPTION
MAILING ADDRESS:
PURCHASING DEPT.
113 W. MOUNTAIN
CITY ADMININSTRATION BLDi
ROOM 307
FAYETTEVILLE. ARKANSAS
72701
DATE & TIME OF BID OPENING:
July 9, 1990 10:30 a.m.
CONTRACT PERIOD OR DATE
DELIVERY REQUIRED: 30 days A. R .O.
BIDDERS GUARANTEED
DELIVERY DATE:
Sprinkler Systems for Soccer fields at
Asbell School.
(see attached blueprint and
specifications.)
ADDENDUM #1: BID OPENING TIME
CHANGED TO 10:30
* BIDDERS SHALL INCLUDE TAX AS A SEPARATE LINE
ITEM. TAX AMOUNT WILL NOT BE CONSIDERED IN
EVALUATION OF.TOTAL BID PRICE.
EXECUTION OF BID
QUANTITY UNIT PRICE TOTAL PRICING
El
Upon signing this Bid, the bidder certifies that they have read and agree to the requirements set forth in this bid proposal
including specifications, terms and standard conditions, and pertinent information regarding the articles being bid on, and
agree to furnish these articles at the prices stated.
NAME OF FIRM: PHONE NUMBER I ARKANSAS TAX PERMIT NUMBER:
UNSIGNED jl
BIOS BUSINESS ADDRESS, STREET CITY STATE ZIP
WILL BE
REJECTED SIGNATURE OF AUTHORIZED PERSON I TITLE DATE
ARKANSAS PREFERENCE REQUESTED: YES ( ) NO(
CASH DISCOUNT % DAYS
INVITATION TO BID
EXHIBIT "A"
CONTINUATION SHEET
BID NO.: 90-34
1. All piping shall be 200 PSI PVC.
2. Zone valves shall be bronze gate valves.
PAGE 1 OF 1
3. Sprinkler heads shall be Hunter #I-25 or equal.
4. Provide 2" backflow preventor and 2" pressure reducing
valve at new 2" meter. Meter is not in contract.
5. Use PVC primer prior to applying cement at all PVC joints.
6. Provide
heavy duty plastic valve
boxes buried at
all
valves
and accessories. Provide
latching covers
at each.
7. Provide drain valves at all branches and low spots.
8. All work shall be in accordance with the Arkansas State
Plumbing code and local authorities.
9. All piping shall be buried a minimum of 12". Compact
during backfill and smooth over surface, allowing for
future settlement.
10. Backfill with pure soil where rocks are present.
11. All systems and components shall be completely warranted
including full field coverage for a period of one year
from date of completion.
EXHIBIT "A"
TERMS AND STANDARD CONDITIONS
CITY OF FAyETTEVILLE, ARKANSAS
'PLEASE READ CAREFULLY'
1. When submitletgan'Invitation toBidathe bidderwarrants that the commodities covered bythe bid shall be freefrom defeds in material and workmanship under normal use
and service. In addition, bidder mud deliver new commodities of the latest design and model, unless otherwise specified in the 'Imitation to Bid'
2. Prices quoted are to be net prices, and when an error's made in extending total prices, the City may accept the bid for the lesser amount whether reflected by extension
or by the coned multiple of the unit price.
3. Discounts offered will be taken when the City qualifies for such. The beginning date for computing discounts wig be the date of invoice or the date of delivery and
acceptance, whichever is later.
4. When bidding other than the brand and/or model specified in the 'Invitation to Bid,' the brand and/or model number must be stated by that gem in the 'Invitation to Bid;
and descriptive literature be submitted with the bid.
5. The City reserves the right to reject any and all bids.
6. The Purchasing office reserves the right to award items, all or none, or by the line hem(s).
7. Quality, time and Probability of performance may be factors in making an award.
8.' Bid quotes submitted will remain firm for 30 calendar days from bid opening date; however, the prices may remain firm for a longer period of time ti mutually agreeable
between bidder and the City Purchasing Deparlment.
9. Bidder must submit a completed, signed copy of the front page of the invitation to Bid' and must submit any other information required in the invitation to Bid.'
10. In the event a contract is entered into pursuant to the invitation to Bid; the bidder shag not dfsciminate against any qualified applicant for employment because of race,
sex, color, creed, national origin or ancestry. The bidder must include in any and all subcontracts a provision similar to the above.
11. Sales tax is to be included in the bid price Although use tax is notto be included in this bid,
vendors are to register and pay tax direct to the Arkansas State Revenue Department.
12. Prices quoted shall be 'Free on Board' (F.O.B.) to destination at designated City facility in Fayetteville. Charges may not be added after the bid is opened.
13. Arkansas Preference must be requested on the bid to be considered as a factor in awarding a contract.
14. In the event of Iwo or more identical low bids, the contract may be awarded arbitrarily or for any reason to any of such bidders or split in any proportion between them at
the discretion of the Purchasing Department.
15. Specificationsfumished with this Invitation are intended to establish a desired quality or performance level, or other minimum dimensions and capacities, which will
provide the best product available at the lowest possible price. Other than designated brands and/or models approved as equal to designated products shall receive
equal consideration. When an 'or equal product is bid, the City shall be the sole arbiter as to whether that product is equal to the one specified.
16. Samples of items when required, must be furnished free, and, if not called for within 30 days from date of bid opening, will become property of the City.
17. Bids received after stated time for opening will not be considered.
18. Guarantees and warranties should be submitted with the bid, as they may be a consideration in making an award.
19. CONSTRUCTION
A. When noted, the Contractor is to supply the City with evidence of having and maintaining proper and ate isurarnce, spedficaIly Workman's Compensation
Insurance in accordance with the laws of the State of Arkansas, Public Liability and Property Damage. All premiums and cost shag be paid by the Contractor. In
no way will the City be responsible in case of accident.
B. When noted, a Certified check orbid bond in the amount of 5% of total bid shall accompany bid.
C. A Performance Bond equalling the total amount of any bid exceeding $10,000.00 must be provided for any contract for the repair, alteration or erection of any
public building, public structure or public improvement (pursuant to Ad 351 of 1953 as amended by Ad 539 of 1979).
20. LIQUIDATED DAMAGES —Liquidated damages shall be assessed beginning on the first day following the maximum delivery or completion time entered on this bid
form and/or provided for by the plans and specrficatians.
21. AMBIGUITY IN BID — Any ambiguity in any bid as the result of omission, error, lack of clarity or noncompliance by the bidder with specications, instructions, and all
conditions of bidding shall be construed in the light most favorable to the City.
22. The bid number shouldbe stated on the face of the sealed bid envelope. If itis not, the envelope will have to be opened to identify.
23. Whenever a bid is sought seeking a source of supply for a specified period of time for materials and services, the quantities of usage shown are estimated ONLY. No
guarantee or warranty is given or implied by the participants as to the total amount that may or may not be purchased from any resuhng contracts. These quantities are
for the bidders information ONLY and will be used for tabulation and presentation of bid and the participant reserves the right to increase or decease quantities as
required.
24. The City of Fayetteville reserves the right to reject any and all bids, to accept in whole or in part, to waive any inlormafhies in bids received, to accept bids on materials
or equipment with minor variations from spechications in those cases where efficiency of operation will not be impaired, and unless otherwise specified by the bidder, to
accept any item in the bid. If unit prices and extensions thereof do not coincide, the City of Fayetteville may accept the bid for the lesser amount whether reflected by
the extension or by the coned multiple of the unit price.
25. Additional information of bid forms may be obtained from:
Purchasing Department
City Administration Building
Room 209
113 W. Mountain
Fayetteville, AR 72701
(501) 575-8281
EXHIBIT 'A"
NOTICE TO BIDDER
BID NO. 90-34
COMMODITY:Sprinkler System Addition for Asbell Park
The City of Fayetteville, Arkansas will receive sealed bids at
the Purchasing Office, City Hall,. 113 West Mountain Street,
Fayetteville, Arkansas until 10:30, July 9, 1990 for the
furnishing of Sprinkler System Addition for Asbell Park
Bid forms and specifications may be obtained from the Purchasing
Office, located in Room 307, 3rd floor of the City Administration
Building.
The City
reserves the
right
to
reject any and
all
bids and to
waive any
formalities
deemed
to
be in the City's
best
interest.
Peggy Bates
Purchasing Manager
Publish June 25, & July 2, 1990
1. Northwest Arkansas Times
Billing refer to P.O. # 23979
TABLE OF CONaNTS
PROPOSAL (BID FORM)
UNIT PRICE SCHEDULE
CONTRACT
PERFORMANCE AND PAYMENT BOND
GENERAL CONDITIONS
SPECIAL CONDITIONS
TECHNICAL SPECIFICATIONS
SECTION 1- Soccer Field Construction
PROPOSAL
(BID PpM)
Place
C rOq
1kPw
i k'W\ SVtL1≤
Date
- v5QLA
9,199a -ll:oo
km.
Proposal of APRCG P CCMSA5 INC.. -M°GUrToN-ArJC t Dtvtstosi
a corporation organized and existing under the laws of the State of
DELAvJP.RE
Proposal of
a partnership consisting of
or
Proposal of
an individual doing business as
TO: City of Fayetteville
113 W. Mountain
Fayetteville, APk: 72103
This bid results from your invitation for bids for Construction of a
soccer field at Asbell Sehool.
The undersigned bidder having visited the site of the work, having examined
the Plans, Specifications, and other Contract Documents, including all Addenda,
and being familiar with all of the conditions relating to the construction of
the proposed project, hereby proposes to furnish all material, supplies,
equipment, and appliances specified for incorporation into the project, and to
furnish all labor, tools, equipment, and incidentals to complete the work in
accordance with the Plans, Specifications, and other Contract Documents at the
price stated herein. This price is to cover all expenses incurred in performing
the work required under the Contract Documents of which t 4s Proposal is a
part.
The undersigned bidder agrees to begin work within ten(10) calendar days
after issuance by the Owner of a "Work Order" or "Notice to Proceed" and to
complete the work within 30 calendar days thereafter. Should the work fail
P-1
Bidder acknowledges receipt of the following addendum (addenda):
Dated
Dated
Dated
The undersigned Bidder agrees that this bid shall be good and shall
not be withdrawn for a period of sixty (60) calendar days after the opening
thereof. If written notice of the acceptance of this Proposal is mailed,
telegraphed, or delivered to the undersigned within sixty (60) days after the
opening thereof, or at any time thereafter before this Proposal is withdrawn,
the undersigned agrees to execute and deliver an Agreement in the prescribed
form, and furnish the required Performance and Payment Bond, within ten (10)
days after the Agreement is presented to him for signature.
It is understood by the undersigned Bidder that the Owner reserves
the right to reject any and all bids.
Accompanying this Proposal as bid security is certified check bid
(Strike One)
bond in the amount of
-Not Required -
Dollars
), being not less than five per cent (5%) of the
total of the bid. If the undersigned Bidder is the successful Bidder, but
fails or refuses to execute the Contract and furnish the required bond within
the prescribed ten (10) days of the notification of award, then this bid
security is to become the property of the Owner as liquidated damages for the
delay and additional expense to the Owner caused by such failure or refusal.
AiAC iftlj s $1tc-M ww1%N-l1NGfl 5tttJ
(Witness) (Name of Bidder)
tLfo No2.'O SLOC.SL By I ( .[--
l'a`iS7',NtL,.6�f�(�cANslv2zZav SAt \ C,OLC . vtcec e s1a�►Ji
(Address (Print Name and Title)
SEAL (If Bidder is a corporation) o p0ozV1 T2-,IAC4C
�i�i�.NlUk /�(C1CJaNsp5 it -tot -
(Office Address of Bidder)
NOTES: Sign in ink. Do not detach.
Items must be bid upon as specified
in the Unit Price Schedule.
P-2
SOCCER FIELD
AT
ASBELL SCHOOL
FAYETTEVILLE, ARKANSAS
UNIT PRICE SCHEDULE
ITEM ESTIMATED ITEM UNIT AMOUNT
NO. QUANTITY DESCRIPTION PRICE BID
1. 1050 C.Y. Fill Placed and
Compacted $ 1.OO /c-.'i. $ 1350.00
2. 385 C.Y. Top Soil Placed
& Graded $IZ.Z0/C.>4. $ 41Cbtl.OO
3. 100% Establish Grass $ Z18ZZ.Oo L$. $zI8zZ.0O
TOTAL BID $ 1[.(%869.00
CONTRACT
THIS AGREEMENT made this
llth•
day of •
July 1990,
by and between APAC Arkansas,Inc.-McClinton-Anchor (
a Corporation
organized and existing under
the laws of
the State
of Arkansas.). (a
partnership consisting of
(Strike out the two terms not
applicable)
hereinafter called the
"Contractor" and City of
Fayetteville.
hereinafter called the "Owner."
WITNESSETH
That the Contractor and the Owner for the consideration stated
herein mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all
supervision, technical personnel, labor, materials, machinery, tools,
equipment,. incidentals and services, including utility and transporta-
tion service and perform and complete all work required for soccer field
at Asbell School in strict accordance with the plans and specifications
attached herewith as prepared by the Engineer.
ARTICLE 2. The Contract Price. The Owner will pay the Contrac-
tor because of his performance of the Contract, for the total work
performed the lump sum price and unit prices as stipulated in the
Proposal attached herewith. Said lump sum price shall be full com-
pensation for all work performed as detailed by the plans and shall
include all incidentals. Said price shall be subject to additions or
deductions as follows: The owner may make alterations, may change
the work or omit from the work covered by this Contract. Charges or
credits for this additional work (or ommision of work) shall be based
on the unit prices stated in the Proposal provided the additional work
(or ommision of work) is of a similar nature. It is agreed that this
additional work (or ommision) shall not void this Contract). Completion
of this project shall include a final inspection certification and certi-
fication that all subcontractors and/or suppliers have been paid for
all work or materials supplied on this project.
ARTICLE 3. Contract Time. The Contractor.agrees to begin work
within ten(10) calendar days after issuance by the Owner of a "Work
Order" or "Notice to Proceed" and to complete the work within 30
calendar days there after.
ARTICLE 4. Contract. The executed Contract Documents shall consist
of the following:
a. This Agreement and Proposal
b. Drawings and Specifications
c. Final Inspection Certifications
d. Payment to subcontractors certification
e. General Conditions & Special Conditions
This Agreement, together with other documents enumerated in this ARTICLE 4,
which said other documents are as fully a part of the Contract as if hereto
attached or herein repeated, form the Contract between the parties hereto.
In the event that any provisions in any component part of this Contract
conflicts with any provision of any other component part, the conflict
shall be resolved by the Engineer whose decision shall be final.
ARTICLE 5. Surety. The Surety on the Performance -Payment Bond
shall be a surety company of financial resources satisfactory to the
Owner and authorized to do business in the State of Arkansas.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed in three. (.3) counterparts, each of which shall be considered an
original, on the day and year first above written.
time 7l rf3ad, /',t.
/'/ ZY / ni -1w kci- /�1l rid
(Contractor) ,p
AS : By � iJI
) C e.1
Title Ylu' es --1,116/r 1
t^t ('0 r✓ Pa
(Street)
(City)
City C erk (Owner City of F yetteville
By:
(Mayor) William Irtin
ARKANSAS STATUTORY4ERFORMANCE AND PAYMENT BOND
We,
(State whether individual, partnership
or corporation)
hereinafter called Principal, and
, as Principal,
, as Surety,
hereinafter called Surety, are held and firmly bound unto "
Obligee, hereinafter called Owner, in the amount of
O ), for the
payment whereof Principal and Surety bind themselves, their heirs, personal
representatives, successors and assigns, jointly and severally, firmly by
these presents.
Principal has by written agreement dated
entered into a contract with Owner for -
which contract is by reference made a part hereof,
and is hereinafter referred to as the Contract.
The condition of this obligation is such that if Principal shall faith-
fully perform the Contract an his part and shall fully indemnify and save
harmless -Owner from all costs and damage which it may suffer by reason of
failure so to do and shall fully reimburse and repay Owner all outlay and
expense which Owner may incur in making good any such default and, further,
that if Principal shall pay all persons all indebtedness for labor or materials
furnished or performed under said Contract, failing which such persons shall
have a direct right of action against Principal and Surety, jointly and
severally, under this obligation, subject to Owner's priority, then this
obligation shall be null and void; otherwise, it shall remain in full force
and effect.
This
Bond
is
given in
accordance with
the
following laws
of the State of
Arkansas:
Act
368
of 1929,
as amended, and
Act
351 of 1953,
as amended.
No suit shall be brought on this Bond outside the State of Arkansas and
no suit shall be brought on this Bond except by Owner after six (6) months
from the date final payment is made on the Contract. The six month period of
limitation is waived with respect to Owner and it is agreed that Owner may
bring suit on this Bond any time before suit against Principal would be barred.
Any alterations which may be made in the terms of the Contract, or in the
work to be done under it, or the giving by Owner of any extension of time for
the performance of the Contract, or any other forebearance on the part of
either Owner or Principal to the other shall not in any way release Principal
and Surety or Sureties, or either or any of them, their heirs, personal repre-
sentatives, successors or assigns, from their liability hereunder, notice to
Surety or Sureties of any such alteration, extension or forebearance being
hereby waived.
PB-1
j
In no event shall the aggregate liability of Surety exceed the sum set
out herein.
Executed this day of ,19
(Principal)
Un
(Surety)
NOTES:
1. This bond form is mandatory. No other form will be acceptable.
2. The date of the Bond must not be prior to the date of the Contract.
3. Any surety executing this Bond must appear on the U. S. Treasury
Department's most current list (Circular 570, as amended) and be
authorized to transact business in the State of Arkansas.
PB-2
GENERAL CONDITIONS
_ a
l Y,
GC. 1. CONTRACT DOCUMENTS
All. .Contract Documents including the following; Bid Form,
General Conditions, Special Conditions, Construction or Detailed Specifications,
Material Specifications, Contract Form, Performance and Payment Bond Form, all
other documents bound herewith, Plans, bound herewith and separately, and all
Addenda are essential parts of the Contract.
GC.a PERFORMANCE AND PAYMENT BOND
Promptly upon execution of the Contract, the Contractor, at his
expense shall furnish the Owner with a surety bond in the amount equal to one
hundred percent (100%) of the Contract price, issued in quadruplicate by a
corporate surety acceptable to the Owner and authorized to do business in the
State of Arkansas, signed or countersigned by an agent of the surety resident
in the State of Arkansas, with the issuing agent's power of attorney attached
to each copy of the bond, which bond &hall be conditioned for the faithful
performance of the Contract and for the payment of all labor and material
bills. The bond shall be in form and substance identical to the form which is
made a part of these Contract Documents; that bond form is mandatory. Rower,
the terminology expressed in the bond form is not exclusively determinative of
the surety's responsibility; by the issuance of the bond, the surety shall be
liable for any failure of the Contractor to perform in accordance with the
Contract Documents, including initial or corrective performance and including
payment of liquidated and consequential damages of the Owner, if applicable.
The liability of the surety for the Contractor's breach of any requirements of
the Contract Documents shall continue as long as the Contractor's liability
continues under the Arkansas Uniform Commercial Code and other applicable law.
The date of the Performance Bond shall not be prior to the date of
the Contract. .
GC.3 AWARD OF CONTRACTS
Bids will be considered on the basis of the total price given in the
bid forms.
The bidder to whom the Contract is to be awarded will be notified in
writing within thirty (30) days after receiving bids of its acceptance of his
Proposal. The Contractor shall complete the execution of the Required Bond
and Contract within ten (10) days of such notice.
GC.4 DEFINITIONS
The following words, or pronouns used in their stead, wherever used
in the Contract Documents shall have the following meanings:
GC -1
"Contractor" - shall mean the individual, partnership or corporation
entering into an agreement with the Owner to perform the work covered by these
specifications and his or their authorized agents or legal representatives,
and pronouns he, his and him shall refer to the Contractor whether an individual,
partnership or corporation.
"Engineer" - shall mean the person designated to act as Engineer for
the Owner or his duly authorized agents, such agents acting within the scope
of the particular duties entrusted to thm.
The words "directed", "permitted", "otdered", "approved", or words
of similar import shall be understood to refer to the direction, permission,
orders, approval, etc., of the said Engineers.
"Sub -Contractors" - shall mean the individual, partnership or
corporation entering into an agreement with the Contractor to perform any
portion of the work covered by these specifications.
"Work" - shall mesa the furnishing of all necessary labor, tools,
equipment, appliances, supplies and material other than materials furnished by
the Owner as specified to complete the construction covered by these specifica-
tions.
"Surety" - shall mean any person, firm or corporation that has
executed, as Surety, the Contractor's Performance Bond securing the performance
of the Contract.
"Plan" - shall mean the Drawings which. are a part of the Contract.
"Contract Documents" - shall lean all papers bound in this copy
entitled Specifications and Contract Documents, together with the Plans which
may be separately bound.
GC.5 INSURANCE
Before any work is commenced, the Contractor shall furnish a certi-
ficate of insurance addressed to the Owner, showing that he carries the following
insurance which shall be maintained throughout the term of the Contract.
Workmen's Compensation
Comprehensive General fi Automobile
Insurance
Bc.dily Injury Liability
Property Damage Liability
GC -2
Statutory Amount
$500,000 for each person injured
$1,000,000 for each accident
$250,000 for each accident
$500,000 aggregate
If work includes pipelines or other underground structures, the
Property Damage Liability (Comprehensi4e General Liability Insurance) shall be
$250,000 each accident and $500,000 aggregate. The insurance shall include
explosion, collapse and underground coverage.
The'premivas for all insurance and the bond required herein shall be
paid by the Contractor.
It shall be the obligation of the Contractor to complete and deliver
to the Owner the structure required by these Contract Documents regardless of
any loss, damage to or destruction of the structure prior to delivery.
See GC.2q for Owner's and Engineer's Protective Liability Insurance.
GC.6 EXECUTION OF CONTRACT DOCUMENTS
Within ten (10) days of receipt of copies of the Contract, the
Contractor shall execute four (4) counterpart copies of the Contract Documents
and return them to the Owner. After execution by the Owner, one (1) copy each
shall be furnished the Contractor and his Surety.
The Contract Documents are complementary and what is called for by
any one shall be.as binding as if called for by all.
The intention of the Contract Documents is to include all super—
vision,., labor, tools, equipment, transportation and materials other than
materials furnished by the Owner as specified necessary for the proper
execution of the work.
Materials or work described in words which so applied have a well
known technical meaning shall be held to refer to such recognized standards.
GC.B DRAWINGS
The Engineer shall furnish to the Contractor, free of charge, three
(3) copies of Plans, Specifications and Contract Documents, in addition to the
executed copies necessary for the completion of the work. Other copies will
be furnished if requested by the Contractor at the cost of reproduction.
The Contractor shall keep one (1) copy of all drawings and Contract
Documents in good condition readily accessible at the site of the work available
to the Engineer and his authorized representatives.
GC.9 CONTRACTOR'S EMPLOYEES
The Contractor shall employ only competent skillful men on the work
and shall at all times enforce strict discipline and good order among his
employees.
The Contractor shall neither permit nor suffer the introduction or
use of spiritous liquors or controlled substances upon or about the work
embraced in this Contract.
GC -3
The Contractor shall maintain a qualified superintendent on the job
at all times, who shall be the Contractor's agent responsible for the faithful
discharge of the Contractor's obligations under the Contract. The .Contractor
shall notify the Owner in writing of the designation of the superintendent and
his successors.
GC.10 PAYMENT OF MATERIALS - EQUIPMENT
Unless otherwise stipulated, the Contractor shall provide and pay
for all materials, labor, tools, equipment, water, light, power, transportation.
temporary construction of every nature and all other facilities necessary for
the execution and completion of the work.
The Contractor shall provide necessary toilets for the workmen,
properly secluded from public observation and shall comply with sanitary
regulations of the Health Department or any other authority having juris-
diction.
GC.12 LAWS - ORDINANCES
The Contractor shall keep himself fully informed of all existing and
future Federal, State and local laws, ordinances and regulations which in any
manner affect those engaged on the work or material or equipment used in or
upon the work or in any way affecting the conduct of the work. Lack of knowled
thereof is no defense to full performance of the Contract.
GC.13 PERMITS - LICENSES
The Owner will
secure easements
across public
or private property
permanently required for
the pipelines at
no cost to the
Contractor.
The Contractor. shall lease, buy, or otherwise make satisfactory
provision, without obligating the Owner in any manner, for any land required
outside the land provided by the Owner.
State Highway and Railroad Crossing Permits will be secured by the
Owner. All other permits and licenses necessary for the prosecution of the
work shall be secured and paid for by the Contractor.
GC.14 ROYALTIES AND PATENTS
The Contractor shall pay all royalties and license fees and shall
defend all suits or claims for infringement of any patent rights and shall
save the Owner harmless from any loss on account thereof.
GC.15 PROTECTION OF WORK AND PROPERTY
The Contractor shall continuously maintain adequate protection of
all his work from damages and'shall protect the property of the Owner from
damage or loss.
GC -4
The Contractor shall protect adjacent or adjoining property or
properties in any way encountered in�,,the prosecution of the work from any
damage or injury.
The Contractor shall indemnify and save harmless the Owner, its
representatives and agents, from all claims, costs, expenses or liabilities
accruing in consequence of any act on the part of the Contractor or from
failure to properly guard the work in progress, the adjacent property or
persons using the streets or from any other causes whereby injury to property
or persons is caused.
If damage or injury is done to private or public property, the
Contractor shall restore or have restored at his expense such damaged property
to a condition equal or better than that existing prior to the damage.
The Contractor shall not interfere in any way with the work of any
other contractor on this project.
GC.16 QUALITY OF WORK AND PROPERTY
All property, materials and equipment shall be new and free of
defects upon completion of the Contractor's performance and unless different
standards are specified elsewhere in the Contract Documents shall be of the
best type and quality available for the purpose. All of the Contractor's work
shall be performed with the highest degree of skill and completed free of
defects and in accordance with the Contract Documents. Any work, property,
materials, or equipment not in conformance with these standards shall be
considered defective. If any work, property, materials or equipment is
discovered to have been defective or not in conformance with the Contract
Documents, whether said discovery is made before or after completion of
performance, the Contractor, at his expense, after written notice from the
Owner or Engineer, shall promptly replace or correct the deficiency and pay
any engineering costs and consequential expense or damage incurred by the
Owner in connection therewith. If the Contractor fails to promptly correct
all deficiencies, the Owner shall have the option of remedying the defects at
the Contractor's cost. If the Contractor is required to furnish shop drawings
or designs the above provisions shall apply to such drawings or designs.
Neither the Owner's payment, acceptance, inspection or use of the
work, property, materials, or equipment, nor any other provision of the Contract
Documents shall constitute acceptance of work, property, materials, or equipment
which is defective or not in accordance with the Contract Documents. If the
Contractor breaches any provision of the Contract Documents with respect to
the quality of the work, property, materials, equipment or performance, whether
initial or corrective, its liability to the Owner shall continue until the
statute of limitations with respect to such breach of contract has expired
following discovery of the defect. All parts of Section 16 are cumulative to
any other provisions of the Contract Documents and not in derogation thereof.
If it is customary for a warranty to be issued for any of the property to be
furnished hereunder, such warranty shall be furnished, but no limitations in
any such warranty shall reduce the obligations imposed upon the Contractor in
the Contract Documents or by Arkansas Law, but if any greater obligations than
imposed in this Contract is specified in any such warranty or by Arkansas Law,
those greater obligations shall be deemed a part of this Contract and enforce-
able by the Owner.
GC -5
GC.17 INSPECTION OF WORK
The Engineer,. his authorized representative, and any Federal, State,
County or local authorty representatives having jurisdiction over any part of
the work or area through which the work is located, shall at all times have.
access to the work in progress.
The detailed manner and method of performing the work shall be under
the direction and control of the Contractor, but all work performed shall at
all times be subject to the inspection of the Engineer or his authorized
representative to ascertain its conformance with the Contract Documents. The
Contractor shall furnish all reasonable aid and assistance required by the
Engineer for the proper inspection and exam nation of the work and all parts
thereof. -
The Engineer is not responsible for the Contractor's means, methods,
techniques, sequences or procedures of construction, or safety precautions and
programs incident thereto.
Inspectors may be appointed by the Engineer or Owner. Inspectors
shall have no authority to permit any deviation from the Plans and Specifica-
tions except on written order from the Engineer and the Contractor will be
liable for any deviation except on such written order. Inspectors shall have
authority, subject to the final decision of the Engineer, to condemn and
reject any defective work and to suspend the work when it is not being per-
formed properly.
The inspector shall in no case act as superintendent or 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 Contracto
shall in no way be construed as binding to the Engineer in any way or releasin
the Contractor from fulfilling all of the terms of the Contract.
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 pre-
viously overlooked and estimated for payment and payment therefor made by the
Owner.
All condemned or rejected work shall be promptly taken out and
replaced by satisfactory work. Should the Contractor fail or refuse to comply
with the instructions in this respect, the Owner may, upon certification by
the Engineer, withhold payment, proceed to terminate the Contract or perform
work as provided herein.
GC.18 TIME OF COMMENCEMENT AND COMPLETION
The Contractor shall commence work within the time specified and the
rate of progress shall be such that the whole work will be performed in accor-
dance with the Plans, Specifications, and Contract Documents within the time
limit specified, unless an extension of time is made in the manner hereinafter
specified.
GC -6
GC.19 UNFORESEEN DIFFICULTIES-„
Al]. loss or damages arising out of the nature of the work to be
performed. under this Contract or from any unforeseen obstructions or difficul-
ties which may be encountered in the prosecution of the same, or from weather,
acts of God, strikes, work stoppages or slowdowns shall be sustained by the
Contractor.
GC.20 ALTERATIONS - OMISSIONS - EXTRA WORK
The Owner may, when deemed necessary, make alterations and modifi-
cations in the Specifications, or may change the work, or may omit from the
work covered by this Contract, any portion thereof or may order extra work
performed.
Charges and credits for all work of a similar nature as bid upon
shall be based on the unit prices stated in the Contract.
It is expressly agreed and understood that such alterations, addition
modifications or omissions shall not in any way violate or annul this Contract.
and the Contractor hereby agrees not to claim or bring suit for any damages,
whether for loss of profits or otherwise, on account of said changes.
Whenever, during the progress of the work, any additional work,
change, or modifications in the work contracted for is agreed upon as aforesaic
such additional work, change or modifications shall be considered and treated
as though originally contracted for, and shall be subject to all terms, condi-
tions and provisions of the original contract except that no extension of time
of completion shall be allowed owing to such additional work, change or
modification, unless the same is approved by the Owner.
In case extra work is encountered which is outside the scope of
these specifications and upon which the Contractor and Owner fail to agree
,upon a price, the Contractor shall perform such work upon a basis of actual
cost plus fifteen percent (15%) for overhead, profit, etc. The actual cost
shall include the cost of labor, field supervision, equipment rental, materials
insurance, payroll taxes and any other costs directly chargeable to this part
of the work provided said costs are specified at the time of the change order.
It shall not include any allowance for office overhead, general supervision,
• profit, etc., which are considered to be covered by the fifteen percent (15%)
allowances. All such work shall be under the terms of the -original contract
without invalidating any of the terms thereof.
GC.21 DELAYS - EXTENSION OF TIME - LIQUIDATED DAMAGES
If the Cuatrnetor be delayed at any time in the progress of the work
by any act or neglect of the Owner, the Owner's Engineer or employees, or by
any separate contractor employed by the Owner, or by changes ordered in the
work or by strikes, lock -outs, fire, unusual delay in transportation, unavoid-
able casualty or any other cause beyond the Contractor's control, then the
time of completion shall be extended for such reasonable time as the Owner may
decide. Provided, however, said time of completion shall be extended upon. the
following conditions and no other:
GC -7
(a) Requests for exten
of time shall be granted automati
(b) The Contractor
the contingencies hereinabove
occurrence of the contingency
writing of his claim and the
(c) In event of a
necessary.
It is acknowledged betwei
work to be performed by the Contra'
of the Owner and that a delay in ci
many customers of the Owner. It L
in progress, the Owner shall incur
result of necessary supervision of
tive expenses.
of time shall be is writing. No extension
ng an extension of time because of any of
ned shall, within seven (7) days of the
justifies the delay, notify the Owner in
therefor.
cause of delay only one claim is
the parties to this Contract that the
or will result in a benefit to all customers
pletion of the work will be detrimental tc
further acknowledged that, while work is
a indeterminable amount of expense as a
he work and other overhead and administra-
It is, therefore, agreed that if there is a delay in the work beyond
the period elsewhere herein specifiied which has not been authorized as set
forth above, then the Owner may deduct from the Contract price the amount
stated in the Special Conditions, biound herewith, as liquidated damages.
GC.22 OWNER'S RIGHT TO DO WORK
If the Contractor should neglect to prosecute the work properly or
fail to perform any provision of the Contract the Owner, after three (3) days'
written notice to the Contractor, mAy without prejudice to any other right or
remedy the Owner may have, correct :Iiuch deficiencies and may deduct the cost
thereof from anypaymentsthen or thereafter due the Contractor.
GC.23 SUSPENSION OF WORK
Should contingencies arise to make such action necessary, the Owner
shall have the right to suspend the jwhole or any part of the work for a period
not to exceed sixty (60) days by giving the Contractor notice in writing three
(3) days prior to the suspension.
The Contractor, after wri
within ten (10) days from the date
If the work or any part t
notice and the Owner fails to notif
sixty (60) days, the Contractor may
suspended and the Contractor shall
portion so suspended at unit prices
involved at agreed prices on any ex
equitable price for partially compl
n notice to resume work shall begin
such notice.
ereof shall be stopped by the Owner's
the Contractor to resume work within
abandon that portion of the work so
e paid for all work performed on the
quoted in the bid for completed work
ra work involved and at a fair and
ted work involved.
GC -8
The Engineer may suspend -work pending the settlement of any con-
troversy. The Contractor shall nat be entitled to any claim for loss or
damage by reason of such delay nor shall he be entitled to any extension of
time but an extension may be granted by the Owner in his discretion.
GC.24 OWNER'S RIGflr TO
If the Contractor shall
petition for an arrangement or no
he should make a general assignmea
receiver should be appointed on ac
persistently or repeatedly refuse
where extension of time is approve
material, or disregard laws, ordin
or otherwise be guilty of a violat
the Owner upon certification of th
justify such action may, without p
after giving the Contractor ten (1
employment of the Contractor.
At the expiration of
serve notice upon the Surety to
5[]iiii1Si
e adjudged a bankrupt or shall file a
ganization under the Bankruptcy Act, or if
for the benefit of his creditors, or if a
punt of his solvency, or if he should
r should fail, except under conditions
, to supply adequate workmen, equipment and
aces, or the instructions of the Engineer,
on of any provisions of the Contract, then
Engineer that sufficient cause exists to
ejudice to any other right or remedy and
) days' written notice, terminate the
said ten (10) days the Owner may immediatel:
plete the work.
In case the Surety fails( to comply with the notice within thirty
(30) days after service of such notice, the Owner may complete the work and
charge the expense of the completion, including labor, materials, tools,
implements, machinery or apparatus to said Contractor and the expense so
charged_shall be deducted and paid by the Owner out of such monies as may be
due or that may thereafter at any time become due to the Contractor under and
by virtue of this agreement. And in case such expense is less than the sum
which would have been payable unde,k this Contract, if the same had been com-
pleted by the Contractor, then saiii Contractor shall be entitled to receive
the difference. And in case such iexpense is greater than the sum which would
have been payable under this Contract, if the same had been completed by said
Contractor, then the Contractor an his Surety shall pay the amount of such
excess to the Owner on demand from said Owner or Engineer of the amount so
due.
At the end of each calendar month the Engineer shall prepare a
certificate estimating the total value of work done during the preceding
th mon.
The Owner shall thereaft
tenth day of the current month the
including the value of submitted 2
which are required for the work wh
bonded warehouse, less.retainage s
payments, further less five percen
GC.26 of the General Conditions ha
amounts due the Owner.
r pay to the Contractor on or about the
amount due as established -by the Engineer,
id invoices covering construction materials
ch are stored at the job site or in a
ecified below, further less all previous
(5%) until the requirements of Section
e been satisfied, and further less all
GC -9
Retainage shall be ten
the work is fifty percent (50%) c
further amounts will be withheld
been determined that the work is
above. Retainage• shall not apply
GC.2b TAXES
pertient (10%) of the value of the work until
omplete, as determined by the Engineer. No
as retainage, as defined herein, after it has
fifty percent (50%) complete as described
to materials described above.
State Law requires the Owns
payment due a resident contractor un
that all use tax due the State has bi
furnished bond to the State; five pe
non-resident contractor until advise
the State. The Contractor may avoid
plying with the law in advance of coi
(5%) retainage referred to in this p
retained percentage referred to in t
The Owner may withhold
subsequently discovered evidence,
or estimate for payment to such e
Owner from loss on account of:
(a) Failure of the Contr
any pipeline leaks that may develop
is tested; before or after any sect
at any time prior to the time that
(b) Any unpaid claims or
filing of such claims.
r to withhold five percent (5%) of any
it advised by the Commissioner of Revenues
en paid by the Contractor or that he has
cent (5%) must also be withheld from a
that the Contractor has registered with
the five percent (5%) retainage by comes
mencing performance. The five percent
ragraph shall be in addition to any other
e Contract Documents.
t to the Contractor in the event of
fy the whole or a part of any certificate
as may be necessary to protect the
r to remedy defective work or repair
ore or after any section of a pipeline
of a pipeline is placed in service; or
1 payment is due.
evidence indicating probable
(c) Failure of Contractor Ito make payments properly to subcon-
tractors or for equipment, material or labor.
(d) A reasonable doubt
balance then unpaid.
(e) Damage to another
(f) Failure to present p
failure to post bond with the Commi
the Contract can be completed for the
of of payment of applicable use taxes or
ion of Revenues as security.
When the above grounds arelremoved, payment shall be made for amounts
withheld because of them.
GC.28 FINAL PAYMENT AND
Within thirty (30) days after satisfactory completion of the work
and the compliance by the Contractorwith all provisions of the Specifications
and Contract Documents, the Owner shall pay to the Contractor the entire
amount due, less all previous payments.
10
If the work includes pipelines', pumping facilities or other structures,
the Contractor shall maintain the work for a period of ninety (9O) days following
its acceptance by the Owner.
All prior payments shall be uubject to correction in the final
payment.
Prior to final payment the Contractor shall furnish the Owner with
satisfactory evidence that all personsIwho have done work or have furnished
equipment or material have been fully paid or shall file statements showing
balance due on all accounts.
The Owner
may
withhold
the amount
of any liable claims against the
Contractor pending
the
result of
legal or other adjudication thereof.
CC. 29 0;'1;9ra's AND ENGI?::ER' S
Section CC.15, PROTECTIO
Contractor to indemnify and save
because of alleged liability of
Contractor shall exercise proper
persons and property. The Contr
ning for the construction period
the Jorgensen F. Associates, Consu
3d., Fayetteville, Arkansas. Su
substance similar to Railroad Pr
approved by Federal, State, and
shall be the following:
CTIVE LIABILITY I:SU�° ,
CF YORK AND PRCPERfl, recui_es the
harmless the Glarler and the !'nginer
he Owner or the Engineer. The
precaution for the protecttor, of
ctor shall obtain insurance rur.-
of the project naming as the insured
ting engineers, 2863 Cld Missouri
h insurance shall be in form and
tective Liability Policy es
ail road agency Limits of 41ihbiILr_y
Bodily Injury Liability ((Including Death)
$1,000,000 -each occurrence
Physical Damage Liabili
$250,000 each occurr
$500,00 each aggrega
GC. 30 LINES AND GRADES
(Damage to or Destruction to Proper::.
e
The Engineer will set all points and stakes as necessary to
control the work of the Contractor. Such control points and stakes
be sufficientmeans of alignment and grade control (as reruired).
The Contractor shall exercise diligence in the preservation :Z
control points and stakes. Should any such become displaced, or shoull
there be reason to believe that any such may have been displaced, t::c
Contractor shall notify the Engineer thereof inrnediately. Any
control point or stake requiring resetting because of the Contractor's
negligence, will be reset by the Engineer but at the expense of the
Contractor.
SC.1 GENERAL
In case of conflict bet
priority of interpretation shall
Agreement, Performance and Payne
Proposal, Special Conditions of
Technical Specifications, Plans,
SC.2 ENGINEER
een any of the Contract Documents,
be in the following order: Signed
t Bonds, Special Bonds (if any),
greement, Notice to Contractors,
and General Conditions of Agreement.
The word "ENGINEER" in these Specifications shall be understood
as referring to Jorgensen& Associates, Consulting Engineers, Fayettevill
Arkansas, ENGINEER of the OWNER, or such other representative as may
be authorized by said OWNER to act in any particular position.
SC.3 LOCATION OF PROJECT
This project is located within
Fayetteville, .Arkansas. A map showing
clude`d in the Plans.
SC.4 SCOPE OF WORK
the proximity of the City of
the general location is in -
The work to be performed under this Contract consists of
furnishing all materials, labor, (supervision, tools and equipment
necessary for construction of a soccer field at Asbell School.
SC.5 TIME ALLOTTED FOR COMPLE'iTION
The time allotted for completion of the work shall be
within ( 30) calendar days, l which time shall begin within
ten (1O) days of the work order or notice to proceed, or upon the
date the Contractor moves on the site to begin the work, which-
ever is the earliest date.
After award of the Contract is made and the Contract
Documents are complete, the Enginieer shall issue a Work Order
notifying the Contractor to proceed with the construction of the
project, subject to the provisions of this paragraph.
SC.6 FORMS, PLANS AND SPECI
Forms of Proposal, Cont
specifications may be obtained f
Consulting Engineers, 2863 Old M
Arkansas, upon payment of
No refund will be made.
ONS
ct and Bonds, and Plans and
m Jorgensen& Associates,
souri Rd , Fayetteville,
SC -1
SC.7 PAY ITEM DESCRIPTION
The Proposal contains a list of unit price payment items and some
lump sum price payment items. The components of the various pay items are
discussed in the MEASUREMENT AND PAYMENT paragraph of these Specifications.
Of necessity the items de
general manner only, describing the
Any item and/or appurtenance not sp
portion of the bid item to which, i
is most directly related. Failure
not relieve the Contractor from fur
materials of whatever nature requir
in accordance with the intent of th
these Specifications.
The successful Contractor
the Contract, submit a list itemizi
and their respective costs to be us
payments.
SC.B AWARD OF CONTRACT
The Owner will notify the
(30) days after the date of receivin
The Contractor shall complete the er
within ten (10) days of such notice.
SC.9 LIQUIDATED DAMAGES FOR
The Contractor agrees that
that for each day of delay beyond th
upon for the completion of the work
due allowance for such extension of
Conditions of Agreement, the Owner m
tractor's total compensation the sum
stipulated damages for each day of s
SC.10 EXAMINATION OF SITE OF
Prospective bidders shall
the project, soil and water conditi
protected, disposal sites for surpl
materials, and as to method of prov
perties, and methods of handling tr
project.
Sc. ii SEQUENCE OF CONSTRUCTION
ribed as components are discussed in a
ajor pieces of equipment and/or materials.
ifically mentioned shall be considered a
the opinion of the Engineer, its function
list all items and/or appurtenances does
thing all apparatus, devices, labor or
fop a complete and operating installation
Drawings, approved Shop Drawings and
all, as soon as possible after award of
the components of each lump sum bid item
as an aid in the preparation of partial
ccessful Bidder in writing within thirty
bids of its acceptance of his Proposal.
titian of the required Bond and Contract
time is the essence of this Contract and
number of calendar days herein agreed
erein specified and contracted for after
ime as is provided for in the General
y withhold, permanently, from the Con -
of Two Hundred Fifty Dollars ($250.00) as
,ch delay.
ice a careful examination of the site of
to be encountered, improvements to be
materials not designated to be salvaged
ng ingress and egress to private pro-
ic during construction of the entire
No specific order or sequence of work is required.• However, due to
the urgency of the project, the Contractor will be expected to staff the
project as required in order to complete the work in the time allotted. The
SC -2
Contractor shall submit a detailed work schedule to the Engineer for approval
as soon as possible after award of the Contract.
RI fjt.
sji) *Ji
Bidders desiring further info
or Specifications must sake request for
to forty-eight (48) hours before the bi
will be given in writing to all bidders
will be bound with and made a part of t
explanation or interpretation will be c
Should a bidder find discrepai
Specifications, or other Contract Does
their meaning, he should at once notify
addendum may be sent to all bidders. Ai
(24) hours of the opening of bids will 1
tractor contemplating the submission of
as submitted by the Contractor will be
if such are issued by the Engineer prio.
opening of bids.
SC.13 PERMITS AND RIGHTS -OF -WAY
• All construction inciudew; h
or casements owned by the City o2
shall confine his operations to these
SC.14 REFERENCE SPECIFICATIONS
. Where reference is made in th
compiled by other agencies, organizatio
made for expediency and standardization
are hereby made a part of these Specifi
ation or interpretation of the Plans
uch information to the Engineer prior
opening. Answers to all such requests
in addendum form, and all addenda
Contract Docisents. No other
sidered official or binding.
in in, or omissions from, the Plans,
ta, or should he be in doubt as to
he Engineer in order that a written
addenda issued prior to twenty-four
mailed or delivered to each Con -
Proposal on this work. The Proposal
nstructed as to include any addenda
to twenty-four (24) hours of the
t is on public property or property
tteville. The Contractor
rerties and/or easements.
e Specifications to specifications
or departments, such reference is
ad such Specifications referred to
tins.
In ease it is necessary to chringe or move the property of any owner
or of a public utility, such property shall not be saved or interfered with
until ordered to do so by the Engineer.( The right is reserved to the owner of
public utilitieo to enter upon the limits of the project for the purpose of
making such changes or repairs of their property that may be wade necessary by
performance of this Contract.
SC.16 USED HATERIALS
No material which has been
purpose whatever is to be incorporat
written consent of the Engineer. .
'
SC.17 EXISTING STRUCTURES V
ed by the Contractor for any temporary
in the permanent structure without
The Plans show the locations of all known surface and subsurface
structures. However, the Owner assumhs no responsibility for failure to show
any or all of these structures on the Plans or to show them in their exact
location. It is mutually, agreed that such failure shall not be considered
sufficient basis for claims for additional compensation for extra work or for
increasing the pay quantities in any canner whatsoever, unless. the obstruction
encountered is such as to necessitate changes in the lines or grades or
requires the building of special work;, provisions for which are not made in
the Plans and Proposal, in which case the provisions in these Specifications
for extra work shall apply.
The Contractor shall be re
structures and any damage caused by
without cost to the Owner. It shall
Contractor to examine the site compl
SC.1B. USE OF EXPLOSIVES
No blasting or use of
SC.19 BARRICADES, LIGHTS AND
Where the work is carried o
public place, the Contractor shall, a
erect such barricades, fences, lights
watchmen, and shall provide such othe
tection of persons or property and of
safety and vehicle safety are of utmo
Barricades shall be painted
night. From sunset to sunrise the Co
least one light at each barricade and
erected to keep vehicles from being d
tion. The Contractor shall furnish w
the work.
The Contractor will be held
due to failure of barricades, signs,
whenever evidence is found of such da
portion immediately removed and repla
expense. The Contractor's responsibi
sible for protection of all existing
operations shall be repaired immediately
the responsibility of the prospective
y before submitting his bid.
will be permitted on this project.
• in or adjacent to any street, alley or
• his own cost and expense, furnish and
and danger signals, shall provide such
precautionary measures for the pro -
the work as are necessary. Pedestrian
t importance on this project.
in a color that will be visible at
tractor shall furnish and maintain at
sufficient number of barric.+des shall be
iven on or into any work under construc-
tchmen in sufficient numbers to protect
responsible for all damage to the work
ights, and watchmen to protect it and
age, the Engineer may order the damaged
ed by the Contractor at his cost and
ity for the maintenance of barricades,
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signs and lights and for providing watchmen shall not cease until the project
shall have been accepted by the Owmer.=
SC.20 FENCES AND DRAINAGE
Boundary fences or other ii
lation of the work shall be replaced
as good or better than that in which
the Drawings. Such replacement or r,
the Unit Price Schedule.
Where surface drainage ch
construction they shall be restored
cross section after the work of con
SC.21 DISPOSAL OF WASTE
All trees, stumps, slashin;
sites as a preliminary to the constr
property and disposed of in a manner
All excavated earth in ex
be removed from the job site and di
in locations where, in the judgment
over the adjacent area.
SC.22 WATER FOR CONSTRUCTION
Water used for the mixing o
incidental to this project will be fu
shall make the necessary arrangements
and shall take such water in a manner
a harmful drain or decrease of pressu
paym'nt will be made for water used b
the various items of the Proposal and
SC.23 GUARANTY AGAINST DEFECTIVE I
The Contractor shall indemn
may become necessary to any part of t
arising from defective workmanship or
one (1) year from the date of final a
SC.24 COORDINATION WITH OTHERS
The Contractor shall c
Contractors that may be working
SC.25 MATERIAL STORAGE
Materials delivered to the
shall be stored so as to cause the 1
factory to the Engineer.
cements removed to permit the instal -
the same location and left in a condition
y were found except as indicated on
ration shall be paid for as shown in
is are disturbed or blocked during
their original condition of grade and
ction is completed.
, brush or other debris removed from the
tion work shall be removed from the
pp roved by the Engineer.
of that required for backfilling shall
ed of in a satisfactory manner, except
the Engineer, it can be neatly spread
concrete testing or any other purpose
wished by the Contractor. The Contractor
for securing and transporting such water
and at such times that will not produce
e in the City's water system. No separate
t the cost thereof shall be included in
Bid Schedule.
the Owner against any repairs which
work performed under this Contract
,terials used therein for a period of
:prance of the entire project.
rdinate his activities with other
n separate work in this area.
SC-5
to
of the work
in advance
of their use
t
inconvenience
and in a
manner satis-
TECHNICAL
SECTION I: SOCCER FIELD CON
The general scope of this proje
to furnish all material and lab
at Asbell School as shown on th
is interested in a lump sum pri
this field.
The soccer field to be construc
field No. 1 and presently exist
is presently uneven and periodi
shall proceed with the removal
surface. Said top soil shall b
West side of the field. The co
select fill "hillside gravel" w
grade. All fill material shall
pacted by sheeps foot to obtain
Method). Following installatio
contractor shall then install 4
shall include the installation
on the plans to improve drainag
Grass shall be established by t
green) at approximately 16" on
approximately 2"-3" deep and th
with top soil. The contractor
and the Fayetteville Parks will
It shall be noted that an underg
be installed by a separate contr
pro,ect shall coordinate his act
activities. The piping contract
the soccer field contractor inst
contractor shall be responsible
surface. The soccer field contr
ment of grass.
IFICATION
ON
t shall be for the contractor
r to install a soccer field
attached drawings. The Owner
e for the installation of
ed is refered to as soccer
at Asbell School. This field
ally floods. Construction
f any top soil from the existing
stockpiled on the East and
tractor shall then install
thin 4" of the plan finished
be placed in 6" lifts and com-
a density of 90% (Standard
of select fill material the
of top soil. Final grading
f drainage swales as indicated
placement of sprigs, (tiff
nter. Sprigs shall be placed
root system shall be covered
all water the field initially
ontinue regular watering.
ound sprinkler system shall
ctor. The contractor for this
vities with underground piping
r shall install his pipe after
lls the top soil. The piping
or leveling and restoring the
ctor can then commence place-
SC.26 EXISTING UTILITIES AND
LINES
The Contractor shall be re
utilities or improvements crossed by
Where existing utilities or service
Contractor shall replace or repair i
with the same type of original mater
own cost and expense.
SC.27 TESTING, INSPECTION AND
Testing and control of all i
by an approved commercial laboratory i
unless otherwise specified in the Ted
shall furnish, at his own expense, al.
materials as required by the Engineer
SC.28CLEAN-UP
sible for the protection of all existing
adjacent to his construction operations.
s are cut, broken or damaged, the
iately the utilities or service lines
and construction, or better, at his
terials used in the work shall be done
ployed and paid directly by the Owner
ical Specifications. The Contractor
necessary specimens for testing of the
At the conclusion of the work all tools, temporary structures and
materials belonging to the Contractor shall be promptly removed and all dirt,
rubbish and other foreign substances shall be disposed of in a manner satis-
factory to the Engineer.
SC.29 BOND
Coincident with the executi,
furnish a good and sufficient surety 1
sum guaranteeing the faithful perform
agreements of the Contract, the payme:
from the execution of the Contract, w
in any manner become a claim against
included in this Contract against fau
(1) year after, the date of completion
All provisions of the bond
with statutory requirements. The bon
sureties through a company licensed a
approved by the Owner. The issuing a
to the bond and the bond shall be sig
date of bond shall be the date of exe
during the continuance of the Contrac
becomes irresponsible the Owner shall
sufficient sureties which the Contrac
the Owner within ten (10) days after
Contract may be suspended and all pay
SC.30 COPIES OF PLANS AND SPECIFI
of the Contract, the Contractor shall
d in the full amount of the Contract
e of all covenants, stipulations and
of all bids and obligations arising
h bills or obligations might or will
Owner, and guaranteeing the work
materials or poor workmanship for one
Contract.
all be complete and in full accordance
shall be executed with the proper
qualified to operate in the State and
at's power of attorney shall be attached
d by an agent resident in the State and
tion of the Contract. If at any time
the surety on the Contractor's bond
ave the right to require additional and
r shall furnish to the satisfaction of
itice to do so.. In default thereof, the
nts or money due the Contractor withheld.
Three (3) sets of Plans and jpecifications shall be furnished to the
Contractor, at no charge, for construction purposes. Additional copies may be
obtained at cost of reproduction upon request.
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