HomeMy WebLinkAbout144-90 RESOLUTIONRESOLUTION NO. 144-90
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT WITH MCCLINTON-
ANCHOR DIVISION OF APAC-ARKANSAS FOR STREET
CONSTRUCTION AND APPROVAL OF A BUDGET
ADJUSTMENT TO COMPLETE THE PROJECT.
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 ands directed to execute a contract in the amount of
$166,325.50 with McClinton -Anchor Division of APAC-Arkansas for
street construction on Armstrong Avenue to the end of city limits.
Approximately. 42% of cost will be reimbursed Oto the City by
Arkansas Western Gas Company for a bill of assurance agreement. A
copy of the contract authorized for execution hereby is attached
hereto marked Exhibit "A" and made apart hereof.
Section 2'.
That the Board of Directors hereby approves
the budget adjustment in the amount of $69,684.00 for completion
of the project. A copy of the budget adjustment authorized for
execution hereby is attached hereto marked Exhibit "B" and made a
part hereof.
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PASSED AND APPROVED this 18th day of September
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APPROVED:
By:
Mayor
, 1990.
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CITY OF FAYETTEVILLE, ARKANSAS
IN -YEAR SUPPLEMENTAL BUDGET_,REQUEST
ACCOUNT INFORMATION
REQUIRING BOARD APPROVAL
DATE REQUESTED
ACCOUNT TITLE
BUDGET YEAR
Capital Improvements
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JUSTIFICATION OF THIS DECREASE
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REQUESTED BY:
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BUDGET COORDINATOR
ASSISTANT CITY
BILL OF ASSURANCE
This declaration of a Bill of Assurance
day of October , 1982, by
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made this �/✓C a
Arkansas Western Gas Compa y<<./F .. s
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owner of the following described real estate located in the
r City of Fayetteville, Washington County, Arkansas, and more
particularly described as follows, to -wit:
A part of Section 26, Township 16 North, Range 30 West,
Fayetteville, Washington County, Arkansas, being more
particularly described as follows: Beginning at a
point that is South 2674.43 feet and East 1768.44 feet
from the Northwest corner of said Section 26; thence S
2° 46' E 978.84 feet to the North right-of-way of
Armstrong Avenue; thence N 70° 42' W 220.68 feet along
said right-of-way; thence Northwesterly along a circular
curve on said right-of-way, the length of said curve
being 194.18 feet and the radius of said curve being
198.73 feet; thence N 14° 43' W 406.52 feet along said
right-of-way; thence Northerly along a circular curve
on said right-of-way, the length of said curve being
171.69 feet and the radius of said curve being 614.81
feet; thence N 1° 17' E 162.76 feet along said right-
of-way; thence Northeasterly 78.41 feet along a circular
curve with a radius of 50.00 feet; thence S 88° 52' E
356.30 feet to the point of beginning, containing 7.98
acres, more or less.
WHEREAS, the aforesaid owner of the real property
described above has secured from the Fayetteville City Board
of Directors a temporary waiver of the requirement prescribed
by Appendix C, Sec. A(4)(b) of the Fayetteville Code of
Ordinances to pay one-half the cost of installing a street
adjacent to the above described property; and
WHEREAS, the owner has promised and agreed to pay one-
half the cost of constructing a street adjacent to said
property at the call of the City; and
WHEREAS, the owner is desirous of making a declaration
of the same in the form of this Bill of Assurance with the
intention of guaranteeing the preservation of certainvalues
and amenities in the communityand to bind itself; its
successors and assigns and the aforedescribed real estate
and its subsequent owners with the obligations and restrictions
hereinafter set forth for all present and future development
and use of said property.
r:;4839 .656
NOW, THEREFORE, the owner declares that the above
described real property shall be held, developed, transferred,
sold, conveyed and occupied subject to the covenants and
restrictions herein set forth.
I.
Upon receipt of written notice from the City of Fayetteville,
owner shall pay to the City one-half the estimated cost of
constructing to City specifications a street across the
entire West and South boundaries of the above described
property. Said estimated cost shall be determined by the
Fayetteville Street Superintendent. Should owner fail to
pay said amount to the City within 30 days from receipt of
said written notice, the City shall have a lien on the above
described property for such amount, and the City shall have
the right of foreclosure by public sale without the necessity
of court proceedings.
WITNESS my hand this 14th day of October
1982.
;'.
578 ecretary j
StATtnii• ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
ARKANSAS WESTERN GAS COrMANY
By
ACKNOWLEDGMENT
BE IT REMEMBERED, that on this day came before the
undersigned, a Notary Public, duly qualified, commissioned
and acting within and for the aforesaid County and State,
Charles E. Scharlau and. William V. Martin
personally known to be the President and Secretary of Arkansas
Western Gas Company, and stated that they had executed the
foregoing Bill of Assurance pursuant to duly adopted authorization
resolution for the consideration and purposes therein mentioned
and set forth.
i59 657
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WITNESS my hand and seal as such Notary Public on this
14th day of "October 1982.
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ORDER NUMBER:
DATE: 1/8/91
AGREEMENT DATE:
NAME OF PROJECT: Armstrong Ave. - Street Reconstruction
OWNER: City of Fayetteville
CONTRACTOR: APAC Arkansas McClinton Anchor Division
The following changes are hereby made to the CONTRACT DOCUMENTS:
01
CHANGE ORDER
/if ti
Justification: Extending project approximately 150 LF to serve Superior Wheel
in the Fayetteville Industrial Park.
Change to CONTRACT PRICE:
Original CONTRACT PRICE: $ 166,325.50
Current CONTRACT PRICE adjusted by previous
The CONTRACT PRICE due to this CHANGE ORDER
by: $ 14, 298.36
The new CONTRACT PRICE due
Change to CONTRACT TINE:
The CONTRACT TIME will be (increased) pd2cnV.RtI(a) by 12
The date for completion of all work will be
CHANGE ORDER $ 166,325.50
will be (increased) (bi EMIQUESIKI:)
to this CHANGE ORDER will be $ 180,623.86
Approvals Required:
To be effective this Change Order
changes the scope or objective of
required.
Requested by: Mr. Richard Shewmaker
calendar days.
(Date).
must be approved by the OWNER if it
the PROJECT, or as may otherwise be
Recommended by: Mr. Sid Norbash, City of Fayetteville
Ordered by: Mr. Mark Johnson, P.E. CEI Engineering Associates, Inc.
Accepted by: Mr. Jim Cole APAC Arkansas McCli,top,Anchor Division
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Owner:
Mr. Fred Vorsanger, Mayor
K-1
;�CEl Engineering Associates,
Engineers • Planners • Surveyors
Mr. Sid Norbash
Assistant City Engineer
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
nc.
January 8, 1991
Re: Armstrong Ave. Street Reconstruction
Sir:
110 West Central
Bentonville, AR 72712
(501) 273-9472
FAX (501) 273-0844
Enclosed please find Change Order No. 1 for the above referenced
project. We are adding approximately 150 LF of street reconstruction to this
project to serve the Superior Wheel entrance off of Armstrong Avenue. We are
adding the following approximate quantities to this project.
ITEM 4 DESCRIPTION
1 Asphalt
2 Curb & Gutter
3 Fabric Underseal
4 Topsoil & Hydromulch
5 Excavation
6 Clearing & Grubbing
7 Class 7 Crushed Stone
9 Asphalt Removal
Original Contract
Change Order 01
Total Contract
Enclosed also, please
Engineering Services. If you
QUANTITY UNIT PRICE AMOUNT
122.0 TONS $35.25/TON $ 4,300.50
330 LF 6.10/LF 2,013.00
500 SY 1.20/SY 600.00
317 SY 2.00/SY 634.00
300 CY 10.95/CY 3,285.00
500 SY 2.70/SY 1,350.00
146 TONS 13.75/TON 2,007.50
16.67 SY 6.50/SY 108.36
TOTAL $14.298.36
$166,325.50
14,298.36
180,623.86
find the Amendment to the Agreement
have any questions, feel free to call.
Sincerely,
David Sbanotto
Inspector
c: Mr. Jim Cole - APAC Arkansas McClinton Anchor Division
REH/MCJ/File
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Offices; Fresno, California
for
Bentonville, Arkansas
'1
P
S PEC I F 1 CAT 1 ONSAND B I D DOCUMENTS
FOR THE C I TY OF
FAYETTEV I LLE , ARKANSAS
STREET RECONSTRUCT 1 ON
ARMSTRONG AVENUE
FROM COMMERCE I DRIVE TO CITY L I M I TS
{
Prepared By
CEI ENGINEERING ASSOCIATES
Consulting Engineers
Bentonville, Arkansas
INC.
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PAGE
1 ADVERTISEMENT FOR BIDS A-1
IINSTRUCTIONS TO BIDDERS B-1
BID BOND D-1 - D-2.
BID E-1 - E-5
II AGREEMENT F-1 - F-3
I
PAYMENT BOND G-1'- G-3
IPERFORMANCE. BOND H-1 - H-3
NOTICE OF AWARD
NOTICE TO PROCEED
CHANGE ORDER
GENERAL CONDITIONS
SPECIAL CONDITIONS
SPECIAL INSTRUCTIONS
TECHNICAL SPECIFICATIONS -
SITE PREPARATION
CRUSHED STONE BASE COURSE
CONCRETE CURB AND GUTTER
PRIME AND TACK COATS
HMAC LEVELING/FILLER COURSE
POLYPROPYLENE FABRIC UNDERSEAL
HMAC SURFACE COURSE
TOPSOIL, SEEDING AND MULCHING
STORM DRAINAGE
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
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SC -1 - SC -4
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CITY OF FAYETTEVILLE
BID 90-39.
City Administration Building
113 West Mountain
Fayetteville, Arkansas 72701.
Separate and sealed BIDS for Armstrong Avenue Street Reconstruction from.
Commerce" Drive to City Limits in and for the City of Fayetteville,
Arkansas, will be received at the Purchasing Office, Room 307, City
Administration Building Fayetteville, Arkansas, until 2:00 p.m., lOCal"_.
time on August.• 15,1990,. and 'then at said office publicly opened and read.
aloud.
The REPLACEMENT PROJECT will include the furnishing of all the necessary
-materials, supplies, tools, labor, and other services required for the
complete construction of the'following:
Approximately 1450 linear feet of street widening,.HMAC overlay of
existing pavement, concrete curb and gutter, grading, drainage
relocation, and all 'incidental work necessary for a complete
installation.
The CONTRACT DOCUMENTS consisting of .Advertisement for Bids,
Instructions to. Bidders, Bid Bond, Bid, Agreement, Payment Bond,
Performance Bond, General Conditions, Special Conditions, Special
Instructions, Detailed Specifications, Attachments, Drawings and Addenda,
may be examined in the office of the City Engineer, City Administration.
Building, Fayetteville, Arkansas, 72701, and the office of CEI Engineering
Associates, Inc., 110 West Central, Bentonville, Arkansas, 72712."
(501)273-9472.
Copies of the contract documents may .be obtained from the offices of
CEI Engineering Associates, Inc., upon payment of $50.00, non-refundable.
All bidders must be licensed under the terms of Act 150, Arkansas Acts
of 1965.
The City of Fayetteville reserves the right to reject any or all bids
and to waive any formalities in the bids. The City also reserves the
right to withhold the awarding of the contracts for a period of not to
exceed sixty days after opening of bids.
Dated the al day
at --Saco
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Pst . P o. ad -3-73
, 1990.
/s/ L�.�q..�LJ
Purcha 14; -
nicer, City of
Fayetteville, Arkansas
INSTRUCTIONS TO BIDDERS
1. EXAMINATION OF SITE AND DOCUMENTS: Bidders are advised that
the plans, profiles, specifications and estimates of the Engineer
o n file in the office of CEI Engineering Associates, Inc., shall
constitute all of the information which the. Owner shall furnish.
No other information given, or sounding made by the Owner or any
o fficial'thereof, prior to the execution of said contract, shall
ever become a part of, or change the contract, plans, profiles,
specifications and estimates, or be binding on the Owner. Prior
to submitting any bid, bidders are required to read carefully the
specifications, contract and bonds, to examine carefully all plans,
profiles, and estimates, to visit the site of the work to examine
carefully local conditions, to inform themselves by their
independent 'research and sounding of the difficulties to be
encountered, and all attending circumstances affecting the cost of
doing the work, and the time specified for its completion; and to
o btain all information required to make an intelligent bid.
B idders shall rely exclusively upon their surveys, estimates,
investigations, surroundings and other things which are necessary
tor full and complete information upon which the bid may be made
and for which a contract is'to be awarded. The Proposal, providing
for unit and lump sum prices bid by the Contractor, contains a
statement that all bids are made with the full knowledge of the
difficulties and conditionsthat may be encountered, the kind,
quality and quantity of the plans, work to be done, excavation, and
materials required and with,full knowledge of the plans, profiles,
specifications and estimates and all provisions of the contract and
bonds. The submissions of a bid shall constitute the acceptance
o f these provisions.
2. APPROXIMATE ESTIMATE OF QUANTITIES. The Engineer's estimate
o f quantities, approved by the Owner and on file in the offices of
CEI Engineering Associates, Inc., is approximate only, and shall
be the basis for receiving unit price bids for each item, but shall
n ot be considered by the bidders as the actual quantities that may
be required for the completion of the proposed work. Such
quantities, however, at the unit and lump sum prices bid for each
item, shall determine the amount of each bid for comparison of bids
and aid in determining the lowest and best bidder for the purpose
o f awarding the contract, and will be used as basis for fixing the
amount of the required bonds.
3. BIDS AND BIDDING FORMS. Bids must be made out in ink on
bidding forms included as part of these specifications. Bids shall
be sealed and addressed City of Fayetteville, Arkansas, and the
title of the project, the name of the contractor submitting the bid
and the time and date for receipt of bids written on the envelope.
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B ids are due at the Purchasing Office, Room 307, Administration
Building, 113 West Mountain, Fayetteville, Arkansas, 72701, no
later than 2:00 P.M., on August 15, 1990
No bidder shall divulge the information in the sealed bid to any
person whomsoever, except those having a partnership or other
financial interest with him in the bid, until after the sealed bids
have been opened.
B ids which are incomplete, unbalanced, conditional, or obscure, or
which contain additions not called for, erasures, alterations or
irregularities of any kind, or which do not comply with the
Instruction to Bidders may be rejected as informal at the option
o f the Owner. However, the Owner reserves the right to waive
technicalities as to changes, alterations or revisions and to make
the award in the best interest of the Owner.
4. UNIT PRICES AND FILLING IN BIDDING FORMS. Bidders must state
a unit price for each item or work named in the Engineer's estimate
o f quantities of work to be done. Unit prices shall include
amounts sufficient for the furnishing of all labor, materials,
tools, equipment and apparatus of every description, to construct,
e rect, and finish completely all of the work as called for in the
specifications or shown in the plans. Unit prices bid and totals
shown in the Proposal shall not include any of the costs of
e ngineering, advertising, appraising, or printing.
The price bid for each item must be stated in figures and in words
in the appropriate blank spaces provided on the bidding forms. The
figures must be clear and distinctly legible so that no question
can arise as to their intent and meaning. In case of a difference
in the written words and figures in a Proposal, the amount state
in written words shall govern.
5. PRICES BID TO BEAR RELATIONSHIP TO COST OF WORK. Prices bid
o n the various items in the Proposal shall bear a fair relationship
to the cost of the work to be done. Bids which appear unbalanced
and deemed not to be in the best interest of the Owner may be
rejected at the discretion of the Owner.
6. SIGNATURE ON BIDS. If the bid is made by an individual, his
firm name must be given, and the Proposal signed by him or his duly
authorized agent. If the bid is made by a partnership, the firm
n ame and the names of each member must be given, and the bid signed
by a member of the partnership, or a person duly authorized. If
the bid is made by a company or corporation, the company or
corporate name must be given, and the bid signed by an officer or
agent duly authorized.
P owers of attorney, properly certified, for agents and others to
sign bids must be in writing and filed with the Owner.
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7. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be
licensed In accordance with the requirements of Act 150, Arkansas
Acts of 1965, the "Arkansas;State.Licensing Law for Contractors".
Bidders who submit proposals in excess of $20,000 must submit
e vidence cif their having a contractor's license before their bids
w ill be considered, and shall note their license number on the
outside --of their Proposal.
8. QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS. .Each bidder, if
requested to do 'so by either the Owner or the Engineer, shall
furnish satisfactory evidence of his competency to perform the work
contemplated. The Owner reserves the right to reject a bid if .the
bidder has not submitted, upon request, a statement of his
qualifications prior to the date of the opening of bids.
9. DISQUALIFICATIONS OF BIDDERS. Any one or more of the following
may be considered as sufficient for the disqualification of bidders
and the rejection of bids:
More than one Proposal for the same work from an individual,
firm, partnerships, or corporation under the same or different
n ames.
Evidence of collusion among bidders. Participants in such
collusion may receive no recognition as bidders for any future
work.
Unbalanced Proposals in which the prices for some items are
o ut of proportion to the prices for other items, or changes
written in, or amendments by letter. Failure to submit a unit
price for each item of work for which a bid price is required
by the Proposal, or failure to include all required contract
documents.
Lack of competency as revealed by the financial statement,
e xpedience, plant and equipment statements submitted. Lack
o f responsibility as shown by past work judged from the
standpoint of workmanship and progress.
A bid by an unlicensed contractor bidding under a licensed
contractor's name.
Uncompleted work which, in the judgement of the Owner, might
hinder or prevent the prompt completion of additional work if
awarded.
Being in arrears on existing contracts, in litigation with
the Owner, or having defaulted on a previous contract.
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10. CONSIDERATION OF PROPOSALS. After the Proposals are opened
and read, the quantities willbe extended and totaled in accordance
w ith the bid prices of the accepted. Proposals. Until the final
award of the contract, the Owner reserves the right to reject any
and all Proposals, to waive technicalities, and to advertise for
new Proposals, or proceed to do the work otherwise when the best
interests of the Owner will be promoted thereby.
11. RIGHT'TO REJECT BIDS. The Owner reserves the right to reject
any and all bids. Ali bids are subject to this reservation, and.
the Owner reserves to itself the right to decide which shall be
deemed tate lowest responsive and responsible bid. Due
consideration will be given to the reputation, financial ability,
e xperience and equipment of the bidder.
12. AWARDING OF CONTRACT. The Owner reserves the right to
withhold the awarding of a contract a reasonable period of time
from the date of Opening bids, said length of time not to exceed
thirty•(30) days except with lhe consent of the bidder. The
awarding of a contract upon a successful bid shall give the bidder
n o right to action or claim against the Owner upon the .contract
until the contract is reduced to writing and signed by the
contracting parties. The letting of a contract shall not be
complete until the contract is executed and the necessary bonds
approved.
13. SUBCONTRACTOR. The Contractor shall not assign or sublet all
o r any part of this contract without the prior written approval of
the Owner ;nor shall the Contractor allow such subcontractor to
commence work until he has provided and obtained approval of such
compensation and public liability insurance as may be required.
The approval of each subcontract by the Owner will in no manner
release the Contractor from any of his obligations as set out in
the plans, specifications, contract and bonds.
14. MATERIALS GUARANTY. Before any contract is awarded the bidder
may be required to furnish a complete statement of the origin,
composition, or manufacture of any or all materials proposed to be
u sed in the construction of the work, together with samples, which
may be subjected to tests provided for in these specifications to
determine their quality and fitness for the work.
15. FAMILIARITY WITH LAWS. The bidder is presumed to be familiar
with all federal, state and city laws, ordinances and regulations
which in any manner affect those engaged or employed in the work,
o r the materials or equipment used, or in any way affecting the
work, and shall in all respects comply with said laws, ordinances
and regulations. No claim of misunderstanding or ignorance on the
part of the Contractor will in any way serve to modify the
provisions of the contract. No representations shall be binding
unless embodied in the contract.
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16. LABOR,LAWS, The Contractor shall abide by all federal, state
and local laws _governing labor. The Contractor further agrees to
save the Owner harmless from the payment of any contribution under
the State Unemployment Compensation Act, and the Contractor agrees
that if he is subject to the Arkansas State Unemployment Act, he
w ill make whatever contributions are required under 2nd by virtue
o f the provisions of said Act.
17. WAGES :AND LABOR. Minimum wage rates shall be equal to baste
rates as established by common usage in the city and adjacent
community for the various types of labor and skills performed. In
case wage rates are specified in the contract documents, the rates
as specified shall be the minimum rates which apply to the project.
Whenever available, local common Labor shall be used and whenever
practical, skilled and semi -skilled labor, if available, shall be
used.
The Contractor and each subcontractor, where the contract amount
e xceeds $75,000.00 shall comply with the provisions of Act 74, as
amended byr Ac.t 275 of 1969 (Arkansas. Statute 14-630). The
provisions 'are summarized below
The Contractor and subcontractor shall:
(1) pay the minimum. prevailing wage rates for each craft or
type of workman and the prevailing wage rate for holiday
and overtime work, as determined by the Arkansas
Department of Labor.
post the scale of,;wages in a prominent and easily
accessible placeat the site of the work.
(2)
(3)
keep an accurate record showing the name and occupation
and hours worked of all workmen employed by them, and
the actual wages paid to each of the workmen, which
record shall be open at all reasonable hours to the
inspection of the. Department of Labor or the Owner, its
officers and agents.
The Owner shall have the right to withhold from amounts due the
Contractor so much of accrued payments as may be considered
n ecessary to pay the workmen employed by the Contractor or any
su4contractor, the difference between the rates of wages required
by this contract and the rates of wages received by such workmen.
If it is found that any workmen employed by the Contractor or a
subcontractor has been or is being paid a rate of wages less than
the rate of wages' required by this contract, the Owner may be
written notice to the Contractor, terminate his right to proceed
with the work or such part of the work and to prosecute thework
to completion by contract or otherwise, and the Contractor and his
sureties shall be liable for any excess costs occasioned thereby.
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18. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct
and withhold Arkansas income taxes, as required by Arkansas law,
from wages paid to employees, whether such employees are residents
or non-residents. of Arkansas.
19. ANTI -;KICKBACK PROVISION (WHERE APPLICABLE). When provided
for in the specifications, the Contractor shall comply With the
regulations of. the Secretary of Labor made pursuant to the Anti -
K ickback Act o.t June 13, 1934, 40 U.S.C. 276 (c), and any
amendments or modifications made thereto and shall see that such
provisions, are included in all subcontracts.
20. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention
o f all bidders is called to the provisions of Act 125, Arkansas
Acts of 1965: This act provides for payment for certain taxes on
materials and equipment brought into the state. It further
provides for methods of collecting said taxes. All provisions of
t his act will be complied with under this contract.
21. INSURANCE. During the life of this contract, the successful
bidder sha'il carry insurance as hereinafter set out. Also, he
shall require all of his subcontractors to carry insurance as
outlined below, in case they are not protected by the policies
carried by the prime Contractor.
Insurance companies underwriting the required insurance shall :be
licensed in Arkansas. Licensed companies are listed in the State
Insurance Department's Annual Report of the Insurance Commissioner.
In Arkansas, the prevailing law requires that insurance on public
works contracts be issued by and through a duly licensed agent
resident in the State of Arkansas. The mere countersigning by a
resident agent is not acceptable..
Insurance is to be approved by the Owner. If any insurance
contracted for becomes unsatisfactory or unacceptable to the Owner
after the ,acceptance and approval thereof, the Contractor shall
promptly, upon being notified to the effect, execute and furnish
acceptable. insurance in the amounts herein specified. Upon
presentation of acceptable insurance, the unsatisfactory insurance
may be canceled at the discretion of the Contractor.
The Contractor shall have his resident insurance agent submit to
the Owner, through the Engineer, a schedule of insurance policies
proposed to be furnished, which shall be approved before
certificates of insurance and/or policies are issued. Once the
Owner has concurred in the proposal of insurance coverages, the
Contractor shall then furnish to the Engineer, in the name of the
Owner, certificates of insurance for the following:
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Workmen'-s Compensation. Workmen's compensation,- as required
bythe laws of the state in which the work is -to be done,,
shail,be furnished. In case anyhazardous occupations are
required for the execution of the work which are not covered
by the above insurance, special employer's liability policies
shall be obtained to cover workmen engaged in such hazardous
o ccupations.
B Contractor's.Public Liability Insurance and.Property Damage
Insurance. This insurance shall provide bodily' injury of
5200,000.00 for each person and $500,000.00 for each accident;
and property damage of 5200,000.00 for each accident. This
insurance shall be endorsed to cover explosion collapse and
u nderground hazards., and blasting.
Motor Vehicle Public Liability and Property Damage Insurance.
This policy shall provide bodily injury of $200;000.00 for
e ach person and 500,000.00 for each accident; and property
damage of $2001000.00 for each accident.
Owner's and. Engineer's Contingent Protective Liability
Insurance. The Contractor shall indemnify and save harmless
the demands, payments, suits, actions, recoveries and
judgments of every nature and description brought or recovered
against them by reason of any omission or act of the
Contractor, his agent or employees in the execution of the
work of in the guarding of it. The Contractor shall obtain
in the name of the Owner and Engineer (either as co-insured
o r by endorsement), and shall maintain and pay the premiums
for such insurance in an amount not less than $200,000.00
property damage and $500,000.00 bodily injury limits, and with
such provisions as will protect the Owner and Engineer from
contingent liability under this contract.
E . Builder's Risk Insurance. The Contractor shall procure and
maintain during the life of the contract builder's risk
insurance (fire, lightning, extended coverage, vandalism and
malicious mischief) on the insurable portion on a 100 percent
completed value basis, against damage to the equipment,
structure or material. The Contractor, his subcontractors,
and the Owner as their interest may appear shall be named as
the insured.
All -Risk Floater Insurance. Until the project is completed
and is accepted by the Owner, the Contractor is required to
maintain an all-risk installation floater policy.
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The Contractor shall submit to the Owner written evidence of
insurance upon the entire work at the site to the full
insurable value thereof including .the interest of the Owner,
the Contractor, .the subcontractors, and any others with an
-insurable interest. The policy shall insure against all risk.
o f physical damage except as modified by the contract
documents and subject to the normal all-risk exclusions. The
policy by its own terms or by endorsement shall specifically.
permit partial or beneficial occupancy prior to completion or
acceptance of entire work.
O ther Insurance. The Contractor is to protect the Owner
against all loss during the course of the contract. If, due
to the nature of the project, insurance coverage other than
that specified above is needed by the Contractor to protect
the Owner against all losses, the Contractor is responsible
for determining the type of insurance needed and purchasing
same.
E ach insurance certificate and/or policy shall contain a
clause providing that it shall not be canceled by the
insurance company without fifteen (15) days written notice to
the Owner of intention of cancel. It shall be the
responsibility of the Contractor to maintain insurance as set
o ut above, and to furnish current certificates and/or
policies.
22. PERFORMANCE BOND AND PAYMENT BOND. The Contractor shalt
furnish both a surety performance bond and a payment bond, each
equal to one hundred percent (100%) of the contract price. The
performance bond and the payment bond shall be two totally separate
bonds and shall bear two different bond numbers.
The Contractor is to pay all expense in connection with the'
obtaining of said bonds. The bonds shall be conditioned that the
Contractor shall faithfully perform the contract, and shall pay
all indebtedness for labor and materials furnished or performed in
the construction of such alterations and additions as prescribed
in this contract.
The surety company issuing the bonds must be a solvent company on
the "Surety Companies Annual List" issued by the U.S. Department
of the Treasury, and the bonds are not to be issued in an amount
greater than the underwriting limitations for the surety company
as set out therein.
Resident Agent Required. In Arkansas, prevailing law requires that
performance and payment bonds on public works contracts shall be
executed by a resident local agent who is licensed by the Insurance
Commissioner to represent the surety company executing said bonds,
and filing. with such bonds his Power of Attorney as his authority.
The mere countersigning of the bonds will not be sufficient..
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The date of the bonds, and of the. Power of Attorney. must not be
prior to the date of the contract. At least six copies of the
bonds shall be furnished, each with Power of Attorney attached.
Bonds are to be approved by the Owner If any bonds contracted
for become! unsatisfactory or unacceptable to the Owner after the
acceptances and approval thereof, the Contractor, upon being
notified to that effect, shall promptly execute and furnish
acceptablel bonds in the amounts herein specified. • Upon
presentation of acceptable bonds, the unsatisfactory bonds may be
canceled at the discretion of the Contractor.
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