HomeMy WebLinkAbout110-90 RESOLUTION 110A-90•
I ink
dr
w7
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
•
a
•
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
1
1
1
1
1
1
1.
i
1
1
1
1
1
1
1
1
1
•
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
P-1
1
1
1
1
1
1
1
1
1
1
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.
P-2
1
1
1
1
1
i
1
1
1
1
1
1
1
1
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
1
1
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
•
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.
1
1
1
1
1
•
1
1
1
1
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.
.1
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"
1
i.
1
1
.1
1
1
'City Clerk
4
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
1
1
1
1
1
11
:1
1
We,
or corporation)
(State whether individual, partnership
, as Principal,
hereinafter called Principal, and
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 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.
•
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
1
1
1
1
1
1
1
1
i
1
.1
1
1
1
1
1
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.
PB -2
1
1
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.
•
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
1
11
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 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
•
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
•
$500,000 for each person injured
$1,000,000 for each accident
$250,000 for each accident
$500,000 aggregate
1
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
1
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.
•
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