HomeMy WebLinkAbout194-91 RESOLUTION•
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RESOLUTION NO. 1Q4-91
A RESOLUTION AUTHORIZING THE AWARD OF BID #91-
58 TO MCCLINTON-ANCHOR AS LOW BIDDER FOR THE
LAKE FAYETTEVILLE SOFTBALL COMPLEX PARKING LOT
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 and directed to execute a contract in the amount of
$42,851.00 with McClinton -Anchor for the Lake Fayetteville Softball
Complex Parking Lot Project. A copy of the contract authorized for
execution hereby is attached hereto marked Exhibit "A" and made a
part hereof.
PASSED AND APPROVED this 5th day of November , 1991.
APPROVED:
Mayor
ATTEST:
By:d era41-
City C k
SPECIFICATIONS
FOR
PARKING LOT TMPROVEMENTS
FOR
LAKE FAYETTEVILLE SOFTBALL FIELDS
City of Fayetteville, Arkansas
Bid No. 91-58
Job No. 91-116
NORTHWEST ENGINEERS, INC.
524 W. Sycamore
Fayetteville, Arkansas
October 10, 1991.
Northwest Engineers, Inc.
ADDENDUM NO. 1
October 9, 1991
JOB NAME: Parking Lot Improvements for Lake Fayetteville
Softball Fields
JOB NUMBER: Bid No. 91-58
DESCRIPTION OF CHANGE: Parking lot striping shall be
provided by the Contractor on all
asphalt and chip -sealer parking
areas where parking spaces are
designated on the Plan.
The cost of the striping shall not
be a separate Bid, but shall be
included in the price for "2" ACHM
Surface" and/or "Double Bituminous
Surface Treatment".
Contractor shall attach this addendum to the Specifications,
and it shall be considered a part thereof.
Recommended: October 9, 1991.
Northwest Engineers, Inc.
Receipt Acknowledged:
Smut/ ;4 . (ACt' Date: 0A14/
ADVERTISEMENT FOR BIDS
BID NO. 91-58
Notice is hereby given that sealed bids will be received by the
City of Fayetteville Purchasing Office until 10:00 A.M. on the
loth day of October, 1991, for furnishing all tools, materials,
and labor and performing the necessary work for the expansion and
improvements to the parking lot and service drives located at Lake
Fayetteville Softball fields in the City of Fayetteville, Arkan-
sas.
All work, material, and construction shall be in accordance with
the plans and specifications. Said plans and specifications are
on file in the office of Northwest Engineers, Inc. at 524 West
Sycamore Street in Fayetteville, Arkansas. These documents may be
obtained from the office of Northwest Engineers upon the payment
of $15.00 which will not be refunded.
Contractors shall make such inspection and studies of the site of
the work as to familiarize themselves thoroughly with all condi-
tions to be encountered.
Each bid must be accompanied by a cashiers check or surety bond in
the amount of 5% of the whole bid, said bond to he issued by a
surety company licensed to do business in the State of Arkansas.
Said bond or check shall be retained as liquidated damages in the
event the successful bidder fails, neglects, or refuses to enter
into a contract for the construction of said work and furnishing
the necessary bonds within 10 days from or after the date the
award is made. A 100% performance bond will be required to be
posted with the City within 10 days after the date of bid award.
Bids must be made upon the official proposal sheets contained in
this specification and such proposal sheets shall not be removed
from the remainder of the contract documents. All bids shall be
sealed and the envelopes addressed to:
Purchasing Officer
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
or bids may be delivered to the Purchasing Office located on the
Third Floor of the City Administration Building at 113 West
Mountain Street, Room 307. Allbids shall be clearly marked on
the outside of the bid envelope that it is a bid for Parking Lot
Improvements at Lake Fayetteville Softball. Fields. Also, the
information on the outside of the envelope shall contain the time
and date for the opening of bids. The name of the bidder shall
also be shown on the outside of the envelope. Bids will be opened
at the above specified time at Room 326, City Administration
Building, 113 West Mountain Street.
The City of Fayetteville reserves the right to reject any and all
bids, and to waive any formalities deemed to be in the best
interest of the City.
(Publish in Northwest Arkansas Times on September 28 and October 5)
INFORMATION FOR BIDDERS
LAKE FAYETTEVILLE SOFTBALL FIELD PARKING LOT IMPROVEMENTS
Fayetteville, Arkansas
October 10, 1991.
1. Instructions to Bidders:
The City of Fayetteville (hereinafter called the
Owner) is requesting bids for work on the above captioned
parking lot project. Bidders are requested to submit a
base bid for the main portion of the parking lot work,
with Additive Alternate bids for additional segments of
work should monies be available.
2. Receipt, Opening and Acceptance of Bids:
The Owner invites bids on the forms attached here-
to. Bids will be received at the Office of the City of
Fayetteville Purchasing Officer located on the Third
Floor of the City Administration Building, at 113 West
Mountain Street, Room 307, until 10:00 A.M. on the 10th
day of October, 1991. All bids will be clearly marked on
the outside of the bid envelope that it is a bid for
Parking Lot Improvements at Lake Fayetteville Softball
Fields. Also, the information on the outside of the
envelope shall contain the time and date for the opening
of bids, and the name of the bidder. Each bid must be
accompanied by a cashiers check or surety bond in the
amount of 5% of the whole bid. Said bond or check shall.
be placed in an envelope and attached to the outside of
the bid envelope. The Owner may reject any and all bids.
Any bid submitted by a Contractor and not accepted by the
Owner within a period of 60 days of submission of the bid
may, at the option of the contractor, be withdrawn from
consideration for the proposed work. This bid is subject
to the availability of funds.
3. Contract Time:
The number of working days for completion of the
work under this Contract shall be established on the fol-
lowing basis:
A. The Contract time for the "Base Bid" work shall
be 30 working days.
B. Additional working days shall
additional work as follows:
1) Additive Alternate No.
2) Additive Alternate No.
3) Additive Alternate No.
4) Additive Alternate No.
be allowed for
1 - 5 working
2 - 4 working
3 - 6 working
4 - 5 working
days
days
days
days
PROPOSAL
FOR
LAKE FAYETTEVILLE SOFTBALL FIELD PARKING LOT IMPROVEMENTS
Fayetteville, Arkansas
October 10, 1991.
TO: Purchasing Officer
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
The undersigned, APAC-Arkansas, Inc., McClinton -Anchor
Division, states that he has carefully examined the plans,
profiles, and specifications on file in the office of
Northwest Engineers, Inc., Fayetteville, Arkansas, relative
to the proposed construction, as set out in the title of this
Proposal; that he is familiar with the same and understands
each and all; has examined the location and site; that all
bids are made with the full knowledge of the difficulties and
conditions that may be encountered, work to be done, equip-
ment and materials required, and with the full knowledge of
the plans, profiles, specifications, and estimates; that this
Proposal is made without collusion on the part of any person,
firm or corporation. He further states that he will enter
into a contract to construct said improvements in accordance
with the specifications, and have same completed within the
contract time as stated on the "Information for Bidders"
sheet from the date of the execution of the contract for the
unit and lump sum prices set out below.
Bidder acknowledges receipt of the following addendum:
Addendum No. 1
4,4c 4c&nsae,4tc .
II 46621 P-7-Aruhrr a1hitoh.
Contractor
By:
t�i „,,A) ) • Felt.
PROPOSAL FOR "BASE BID"
IMPROVEMENTS @ LAKE FAYETTEVILLE SOFTBALL FIELD
Fayetteville, Arkansas
ITF,M ITEM EST. UNIT EXTENDED
NO. QUANT. PRICE
1 Earthwork Lump Sum $8,900.00/LS $ 8,900.00
Eight Thousand Nine Hundred Dollars/LS
Words
2 Undercut
Five Dollars Fifty Cents/CY
Words
3 SB -2 Base
200 CY
$ 5.50/CY $ 1,100.00
1050 Tons $ 12.77/Ton $ 13,408.50
Twelve Dollars Seventy -Seven Cents/Ton
Words
4 2" ACHM (w/Prime)
Four Dollars Five Cents/SY
Words
4A Double Bituminous Surface
Treatment
Two Dollars Forty -Five Cents/SY
Words
5 Sidewalk Re -Construction
Four Dollars No Cents/SF
Words
3650 SY $ 4.05/SY $ 14,782.50
3650 SY $ 2.45/SY $ 8,942.50
535 SF
$ 4.00/SF $ 2,140.00
6 Adjust Sewer Manhole 1 EA $ 300.00/EA $ 300.00
Three Hundred Dollars No Cents/EA
Words
7 Asphalt Curb 130 LF $ 4.50/LF $ 585.00
Four Dollars Fifty Cents/LF
Words
8 6" PVC Drain Pipe (w/Fittings) 1.00 LF $ 8.75/LF $ 875.00
Eight Dollars Seventy -Five Cents/LF
Words
1
1 ITEM
NO.
1
1
1
1
1
1
1
ITEM
9 12" x 12" Drain w/Grate
EST. UNIT
QUANT. PRICE
EXTENDED
3 EA $ 120.00/EA $ 360.00
One Hundred Twenty Dollars No Cents/EA
Words
10 Topsoil and Seeding
Lump Sum $ 400.00/LS $ 400.00
Four Hundred Dollars No Cents/LS
Words
Total (Items 1 thru 4 and 5 thru 10) $ 42,851.00
Forty -Two Thousand Eight Hundred Fifty -One Dollars No Cents
Words
Total (Items 1. thru 3 and 4A thru 10)
Words
Contractor states that he has examined the Plans, read the Specifica-
tions, and visited the site to familiarize himself with the proposed work
area and conditions. The Contractor proposes to provide the work under the
conditions stipulated and for the prices submitted with this Proposal.
Aflt
-A-ika-s4sAtInt.
Respectfully Submitted: igeionightotnchev Q'7Xfh6 Date: /04(04*
(Contractor)
1 By: 6A4n44;J4.ee..
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Arkansas License No.: @ Plc Seal - If a Corporation
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CONTRACT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
THIS AGREEMENT made and entered into on this 15th day of
October, 1991, by and between the City of Fayetteville, here-
inafter called the OWNER, and APAC-Arkansas Inc., McClinton -
Anchor Division, hereinafter called the CONTRACTOR.
WITNESSETH: That Whereas, the OWNER has called for bids
for parking lot, drainage and related improvements at Lake
Fayetteville Softball Fields, Fayetteville, Arkansas as set
out in these Plans and Specifications and,
WHEREAS, the CONTRACTOR has submitted the best bid for
the work set out in these Plans and Specifications,
NOW, THEREFORE, the CONTRACTOR agrees with the OWNER to
furnish all materials, labor, equipment, tools, supervision,
insurance, and other accessories and services necessary to
complete the work in accordance with the Plans and
Specifications for the unit and lump sum prices bid in the
Proposal, said Proposal being a part of this Contract.
The CONTRACTOR agrees to commence work on or before a
date to be specified in a written "Notice to Proceed" from
the OWNER and to fully complete the project within 30 working
days thereafter. The CONTRACTOR also agrees to pay as
liquidated damages the sum of $100.00 for each consecutive
calendar day thereafter that is required to complete the
project, plus attorney's fees and an amount to be set by the
court, court costs, and all other costs of collection if said
liquidated damages are not paid to the OWNER within 10 days
of demand for payment by certified mail, return receipt
requested.
The OWNER agrees to pay the CONTRACTOR in current funds
for the performance of the Contract in accordance with the
accepted Proposal therefore, subject to additions and
deductions, as provided in the Standard and Detailed
Specifications, and to make payment on account there as
provided below:
As soon as is practicable after the first of each
calendar month, the OWNER will make partial payments to the
CONTRACTOR for work performed during the preceding calendar
month, based upon the Engineer's estimate of work completed,
said estimate being certified by the CONTRACTOR and accepted
by the OWNER. Upon completion of work and final acceptance
by the OWNER and Engineer, the Engineer shall issue a Final
Estimate of work done based upon the original Contract and
subsequent changes made and agreed upon, if any.
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Time is hereby expressly declared to be of the essence
on this Contract, and the time of beginning, manner of
progress and time of completion of the work hereunder, shall
be, and are essential conditions hereof.
If the CONTRACTOR be delayed at any time in the progress
of the work by any act or neglect of the OWNER or of his
employees, or by any other Contractor employed by the OWNER,
or by changes ordered in the work, or by strikes, lockouts,
fire, unusual delay in transportation, unavoidable casualties
or any causes beyond the CONTRACTOR'S control, or by delay
authorized by the Engineer pending arbitration, or by any
cause which the Engineer shall decide to justify the delay,
then the time of completion shall be extended for such
reasonable time as the Engineer may decide. Similarly,
should the CONTRACTOR be unable to complete the work due to
persistent inclement weather or because of delays in delivery
of necessary construction components, allowances shall be
made in the completion time. No such extension shall be made
for delay occurring more than seven days before claim
therefore is made in writing to the Engineer. In the case of
a continuing cause of delay, only one claim is necessary.
In the event the CONTRACTOR abandons the work hereunder
or fails, neglects or refuses to continue the work after ten
(10) days written notice, given CONTRACTOR by OWNER or by the
Engineer, then the OWNER shall have the option of declaring
this Contract at an end, in which event, the OWNER shall not
be liable to the CONTRACTOR for any work theretofore
performed hereunder, said OWNER may complete the said
Contract at his own expense, and maintain an action against
the CONTRACTOR for the actual cost of same.
The waiving of any one or more of the covenants of this
Contract on the part of any party thereto shall be limited to
that particular instance, and shall not be deemed a waiver of
any other breaches or covenants at any time.
In the event any part of this Contract is found to be
unenforceable for any reason, all other parts of this
Contract shall remain in full force and effect.
This Contract shall be binding upon the heirs,
representatives, successors, or assigns of the parties
hereto.
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IN WITNESS WHEREOF, the OWNER and CONTRACTOR
set their hands and seals, respectively.
By:
Title:
APAC-Arkansas, Inc.
Anchor Division
CONTRACTOR
have hereto
McClinton -
WITNESS
7�GJ%By
atinn14.4-------
WI NES
By:
WITNESS
dant i> 4.64,
Vtt- 9ihh5l7'
GENERAL CONDITIONS
1 Contract and Contract Documents
The project to be constructed pursuant to this Contract and
is subject to all applicable City, State and Federal laws and
regulations.
The Plans, Specifications and Addenda for this project shall
form part of this Contract and the provisions thereof shall be as
binding upon the parties hereto as if they were herein fully set
forth. The table of contents, titles, headings, running headlines
and marginal notes contained herein and in said Documents are
solely to facilitate reference to various provisions of the
Contract Documents and in no way affect, limit or cast light on
the interpretation of the provisions to which they refer.
Contents
1. Contract and Contract Documents
2. Definitions
3. Additional Instructions and Detail Drawings
4. Scope and Intent of Specifications and Plans
5. Materials, Services, and Facilities
6. Contractor's Title to Materials
7. Inspection and Testing of Materials
8. "Or Equal" Clause
9. Patents
10. Surveys, Permits and Regulations
11. Contractor's Obligations
12. Weather Conditions
13. Protection of Work and Property --Emergency
14. Inspection
15. Reports, Records and Data
16. Superintendence by Contractor
17. Changes in Work
18. Extras
19. Time for Completion and Liquidated Damages
20. Correction of Work
21. Subsurface Conditions Found Different
22. Claims for Extra Cost
23. Right of Owner to Terminate Contract
24. Construction Schedule and Periodic Estimates
25. Payments to Contractor
26. Acceptance of Project and Final Payment
27. Payments by Contractor
28. Insurance
29. Contract Security
30. Additional or Substitute Bond
31. Assignments
32. Mutual Responsibility of Contractors
33. Separate Contracts
34. Subcontracting
35. Engineer's Authority
36. Use of Premises and Removal of Debris
37. Quantities of Estimate
38. Lands and Riyhts-of-Way
39. General Guaranty
40. Conflicting Conditions
41. Notice and Service Thereof
42. Required Provisions Deemed Inserted
43. Other Prohibited Interests
44. Suspension of Work
45. Fiyured Dimensions
46. Diverting and Blockiny Traffic
47. Danyer Signals and Safety Devices
48. Privileges of Contractor in Streets
49. Waterways
50. Location of Facilities
51. Work Done Without Lines or Grades
52. Preservation of Monuments and Stakes
53. Sanitary Conveniences
54. Sunday, Holiday and Night Work
2. Definitions
The following terms as used in this Contract are respectively
defined as follows:
(a) "Owner": City of Fayetteville, also referred to as
City."
(b) "Contractor": A person, firm or corporation with whom
the Contract is made by the Owner.
(c) "Subcontractor": A person, firm or corporation supplying
labor and materials or only labor for work at the site of
the project for, and under separate Contract or ayreement
with the Contractor.
(d) "Work on (at) the Project": Work to be performed at the
location of the project, includiny the transportation of
materials and supplies to or from the location of the
project by employees of the Contractor and any
Subcontractor.
(e) "Engineers": Enyineers shall mean the firm of Northwest
Enyineers, Inc., who have been employed by the Owner for
this work, or their duly authorized agents, such agents
actiny severally within the scope of the particular
duties entrusted to them, whose decisions shall, in all
cases, be subject to final approval by the Engineers. In
all matters pertaining to the status or amount of the
Contract, orders issued by the Engineers and signed by
the representative of the Owner shall be valid.
3. Additional Instructions and Detail Drawings
The Contractor will be furnished additional instructions and
detail drawings as necessary to carry out the work included in the
Contract. The additional drawings and instructions thus supplied
to the Contractor will coordinate with the Contract Documents and
will be so prepared that they can be reasonably interpreted as
part thereof. The Contractor shall carry out the work in
accordance with the additional detail drawings and instructions.
The Contractor and the Engineer will prepare jointly (a) a
schedule, fixing the dates at which special detail drawings will
be required, such drawings, if any, to be furnished by the
Engineer in accordance with said schedule, and (b) a schedule
fixing the respective dates for the submission of shop drawings,
the beginning of manufacture, testing and installation of
materials, supplies and equipment, and the completion of the
various parts of the work; each such schedule to be subject to
change from time to time in accordance with the progress of the
work.
4. Scope and Intent of Specifications and Plans
The Specifications and Plans are intended to supplement but
not necessarily duplicate each other, and together constitute a
complete set of Specifications and Plans; so that any work
exhibited in one and not the other, shall be executed just as it
had been set forth in both, in order that the work shall be
completed according to the complete design or designs as decided
and determined by the Engineers. Should anything be omitted from
the Specifications and Plans which is necessary to a clear
understanding of the work, or should it appear various
instructions are in conflict, then the Contractor shall secure
written instructions from the Engineers before proceeding with
construction affected by such omissions or discrepancies. It is
understood and agreed that the work shall be performed and
completed according to the true spirit, meaning and intent of the
Contract, Specifications and Plans.
5. Materials, Services, and Facilities
(a) It is understood that except as otherwise specifically
stated in the Contract Documents, the Contractor shall
provide and pay for all materials, labor, tools,
equipment, water, light, power, transportation,
superintendence, temporary construction of every nature,
and all other services and facilities of every nature
whatsoever necessary to execute, complete, and deliver
the work within the specified time.
(b) Any work necessary to be performed after regular working
hours, on Sundays or Legal Holidays, shall be performed
without additional expense to the Owner.
6. Contractor's Title to Materials
No materials or supplies for the work shall be purchased by
the Contractor or by any Subcontractor subject to any chattel
mortgage or under a conditional sale contract or other agreement
by which an interest is retained by the seller. The Contractor
warrants that he has good title to all materials and supplies used
by him in the work, free from all liens, claims or encumbrances.
7. Inspection and Testing of Materials
(a) All materials and equipment used in the construction of
the project shall be subject to adequate inspection and
testing in accordance with accepted standards. The
laboratory or inspection agency shall be approved by the
Owner.
(b) Materials of construction, particularly those upon which
the strength and durability of the structure may depend,
shall be subject to inspection and testing to establish
conformance with Specifications and suitability for uses
intended.
8. "Or Equal" Clause
Whenever a material, article or piece of equipment is
identified on the Plans or in the Specifications by reference to
manufacturers' or vendors' names, trade names, catalogue numbers,
etc., it is intended merely to establish a standard; and, any
material, article, or equipment of other manufacturers and vendors
which will perform adequately the duties imposed by the general
design will be considered equally acceptable provided the
material, article, or equipment so proposed, is, in the opinion of
the Engineer, or equal substance and function. It shall not be
purchased or installed by the Contractor without the Engineer's
written approval.
9. Patents
(a) The Contractor shall hold and save the Owner and its
offices, agents, servants, and employees harmless from
liability of any nature or kind, including cost and
expenses for, or on account of, any patented or
unpatented invention, process, article, or appliance
manufactured or used in the performance of the Contract,
including its use by the Owner, unless otherwise
specifically stipulated in the Contract Documents.
(b) License or Royalty Fees: License and/or Royalty Fees
for the use of a process which is authorized by the
Owner of the project must be reasonable, and paid to the
holder of the patent, or his authorized licensee, direct
by the Owner and not by or through the Contractor.
(c) If the Contractor uses any design, device or materials
covered by letters, patent or copyright, he shall
provide for such use by suitable agreement with the
Owner of such patented or copyrighted design, device or
material. It is mutually agreed and understood, that,
without exception, the Contract prices shall include all
royalties or costs arising from the use of such design,
device or materials, in any way involved in the work.
The Contractor and/or his Sureties shall indemnify and
save harmless the Owner of the project from any and all
claims for infringement by reason of the use of such
patented or copyrighted design, device or materials or
any trademark or copyright in connection with work
agreed to be performed under this Contract, and shall
indemnify the Owner for any cost, expense or damage
which it may be obliged to pay by reason of such
infringement at any time during the prosecution of the
work or after completion of the work.
10. Surveys, Permits, and Regulations
Unless otherwise expressly provided for in the
Specifications, the Owner will furnish to the Contractor all
surveys necessary for the execution of the work.
The Contractor shall procure and pay all permits, licenses
and approvals necessary for the execution of his Contract.
The Contractor shall comply with all laws, ordinances, rules,
orders, and regulations relating to performance of the work, the
protection of adjacent property, and the maintenance of
passageways, guard fences or other protective facilities.
11. Contractor's Obligations
The Contractor shall and will, in good workmanlike manner, do
and perform all work and furnish all supplies and materials,
machinery, equipment, facilities and means, except as herein
otherwise expressly specified necessary or proper to perform and
complete all the work required by this Contract, within the time
herein specified, in accordance with the provisions of this
Contract and said Specifications and in accordance with the Plans
and drawings covered by this Contract, any and all supplemental
Plans and drawings, and in accordance with the directions of the
Engineer as given from time to time during the progress of the
work.
The Contractor shall observe, comply with, and be subject to
all terms, conditions, requirements, and limitations of the
Contract and Specifications, and shall do, carry on, and complete
the entire work to the satisfaction of the Engineer and the Owner.
12. Weather Conditions
In the event of temporary suspension of work, or during
inclement weather, or whenever the Engineer shall direct, the
Contractor will, and will cause his Subcontractors to protect
carefully his and their work and materials against damage or
injury from the weather. If, in the opinion of the Engineer, any
work or materials shall have been damaged or injured by reason of
failure on the part of the Contractor or any of his Subcontractors
so to protect his work, such materials shall be removed and
replaced at the expense of the Contractor.
13. Protection of Work and Property --Emergency
The Contractor shall at all times safely guard the Owner's
property from injury or loss in connection with this Contract. He
shall at all times safely guard and protect his own work, and that
of adjacent property from damage. The Contractor shall replace or
make good any such damage, loss or injury unless such be caused
directly by errors contained in the Contract or by the Owner, or
his duly authorized representatives.
In case of an emergency which threatens loss or injury of
property, and/or safety of life, the Contractor will be allowed to
act, without previous instructions from the Engineer, in a
diligent manner. He shall notify the Engineer immediately
thereafter. Any claim for compensation by the Contractor due to
such extra work shall be promptly submitted to the Engineer for
approval.
Where the Contractor has not taken action but has notified
the Engineer of an emergency threatening injury to persons or
damage to the work of any adjoining property, he shall act as
instructed or authorized by the Engineer.
The amount of reimbursement claimed by the Contractor on
account of any emergency action shall be determined in the manner
provided in Paragraph 17 of the General Conditions.
14. Inspection
This project shall at all times be subject to inspections by
representatives of the City, the Owner, and/or the Engineer.
Unless otherwise directed by the Engineer, all work of a
permanent nature which cannot be inspected after completion shall
be done in the presence of an inspector. NO CONCRETE SHALL BE
PLACED UNLESS AN INSPECTOR IS PRESENT. NO SEWER LINE SHALL BE
BACKFILLED UNTIL AN INSPECTION HAS BEEN MADE BY THE ENGINEER. The
Contractor shall notify the Engineer at least 24 hours in advance
before concrete is to be poured. It shall be the duty of the
Contractor to notify the Engineer in advance of the beginning of
work after delays, shutdowns, change of work progress or change of
location.
The failure or neglect on the part of the Engineer or the
inspector to inspect, condemn or reject inferior materials or work
shall not be construed to imply an acceptance of the same should
inferiority become evident at any time prior to the final
acceptance of the work by the Owner, or within the time limit of
one year as set out in the Detail Specifications.
The Engineer does not guarantee the performance of the
Contract by the Contractor, nor shall his inspection be construed
as supervision of actual construction, nor make him responsible
for providing a safe place for the performance of the work by the
Contractor, or the Contractor's employees, or those of the
suppliers, his Subcontractors, nor for access, visits, use, work,
travel or occupance by any person, as these responsibilities are
covered under the provisions of this Contract, the Contractor's
insurance and Performance Bond, and are not the responsibility of
the Engineer. Where the provisions of safety, in any of its
categories, are not being observed, and this condition comes to
the attention of the Engineer or his representative, the Engineer
may require standard safety procedure to be initiated, but the
requirement of these procedures does not constitute a guarantee by
the Engineer as to their adequacy or the safety of the public.
Where plants, buildings, or mass movement of earth is being
undertaken, the Engineer will set such control lines and basic
elevations as are required for the Contractor to make such unit or
plant layouts as are required. When work is undertaken which
requires a constant or generally intermittent checking of lines
and elevations, the Contractor shall maintain such equipment and
personnel as are essential to the actual prosecution of the work.
In these instances, the final grades, alignment and dimensions are
subject to the checking of the Engineer.
15. Reports, Records, and Data
The Contractor shall submit to the Owner such schedule of
quantities and costs, progress schedules, payrolls, reports,
estimates, records and other data as the Owner may request
concerning work performed or to be performed under this Contract.
16. Superintendence by Contractor
At the site of the work the Contractor shall employ a
construction superintendent or foreman who shall have full
authority to act for the Contractor. It is understood that such
representative shall be acceptable to the Engineer and shall be
one who can be continued in that capacity for the particular job
involved unless he ceases to be on the Contractor's payroll.
17. Changes in Work
No changes in the work covered by the approved Contract
Documents shall be made without having prior written approval of
the Owner. Charges or credits for the work covered by the
approved change shall be determined by one or more, or a
combination of the following methods:
(a) Unit bid prices previously approved.
(b) An agreed lump sum.
(c) The actual cost of:
1. Labor, including foremen;
2. Materials entering permanently into the work;
3. The ownership or rental cost of construction plant
and equipment during the time of use of the extra
work;
4. Power and consumable supplies for the operation of
power equipment;
5. Insurance;
6. Social Security and old age and unemployment
contributions.
To the cost under (c) there shall be added a fixed fee to be
agreed upon but not to exceed fifteen percent (15%) of the actual
cost of the work. The fee shall be compensation to cover the cost
of supervision, overhead, bond, profit and any other general
expenses.
18. Extras
Without invalidating the Contract, the Owner may order extra
work or make changes by altering, adding to or deducting from the
work, the Contract sum being adjusted accordingly, and the consent
of the Surety being first obtained where necessary or desirable.
All the work of the kind bid upon shall be paid for at the price
stipulated in the proposal, and no claims for any extra work or
materials shall be allowed unless the work is ordered in writing
by the Owner or its Engineer, acting officially for the Owner, and
the price is stated in such order.
19. Time for Completion and Liquidated Damages
It is hereby understood and mutually agreed, by and between
the Contractor and the Owner, that the date of beginning and the
time for completion as specified in the Contract of the work to be
done hereunder are ESSENTIAL CONDITIONS of this Contract; and it
is further mutually understood and agreed that the work embraced
in this Contract shall be commenced on a date to be specified in
the "Notice to Proceed."
The Contractor agrees that said work shall be prosecuted
regularly, diligently, and uninterruptedly at such rate of
progress as will insure full completion thereof within the time
specified. It is expressly understood and agreed, by and between
the Contractor and the Owner, that the time for the completion of
the work described herein is a reasonable time of the completion
of the same, taking into consideration the average climatic range
and usual industrial conditions prevailing in this locality.
If the said Contractor shall neglect, fail or refuse to
complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does
hereby agree, as a part consideration for the awarding of this
Contract, to pay to the Owner the amount specified in the
Contract, not as a penalty but as liquidated damages for such
breach of Contract as hereinafter set forth, for each and every
calendar day that the Contractor shall be in default after the
time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages
the Owner would in such event sustain, and said amount is agreed
to be the amount of damages which the Owner would sustain and said
amount shall be retained from time to time by the Owner from
current periodical estimates.
It is further agreed that time is of the essence of each and
every portion of this Contract and of the Specifications wherein a
definite and certain length of time is fixed for the performance
of any act whatsoever; and where under the Contract an additional
time is allowed for the completion of any work, the new time limit
fixed by such extension shall be of the essence of this Contract.
Provided, that the Contractor shall not be charged with liquidated
damages or any excess cost when the Owner determines that the
Contractor is without fault and the Contractor's reasons for the
time extension are acceptable to the Owner; Provided further, that
the Contractor shall not be charged with liquidated damages or any
excess cost when the delay in completion of the work is due:
(a) To any preference, priority or allocation order duly
issued by the Government;
(b) To unforeseeable cause beyond the control and without the
fault or negligence of the Contractor, including, but not
restricted to, acts of God, or of the public enemy, acts
of the Owner, acts of another Contractor in the
performance of a Contract with the Owner, fires, floods,
epidemics, quarantine restrictions, strikes, freight
embargoes, and severe weather; and
(c) To any delays of Subcontractors or suppliers occasioned
by any of the causes specified in subsections (a) and (b)
of this article:
Provided further, that the Contractor shall, within ten (10)
days from the beginning of such delay, unless the Owner shall
grant a further period of time prior to the date of final
settlement of the Contract, notify the Owner, in writing, of the
causes of the delay, who shall ascertain the facts and extent of
the delay and notify the Contractor within a reasonable time of
its decision in the matter.
20. Correction of Work
All work, all materials, whether incorporated in the work or
not, all processes of manufacture, and all methods of construction
shall be at all times and places subject to the inspection of the
Engineer who shall be the final judge of the quality and
suitability of the work, materials, processes of manufacture, and
methods of construction for the purposes for which they are used.
Should they fail to meet his approval they shall be forthwith
reconstructed, made good, replaced and/or corrected, as the case
may be, by the Contractor at his own expense. Rejected material
shall immediately be removed from the site. If, in the opinion of
the Engineer, it is undesirable to replace any defective or
damaged materials or to reconstruct or correct any portion of the
work injured or not performed in accordance with the Contract
Documents, the compensation to be paid to the Contractor hereunder
shall be reduced by such amount as in the judgment of the Engineer
shall be equitable.
21. Subsurface Conditions Found Different
Should the Contractor encounter subsurface and/or latent
conditions at the site materially differing from those shown on
the Plans or indicated in the Specifications, he shall immediately
give notice to the Engineer of such conditions before they are
disturbed. The Engineer will thereupon promptly investigate the
conditions, and if he finds that they materially differ from those
shown on the Plans or indicated in the Specifications, he will at
once make such changes in the Plans and/or Specifications as he
may find necessary, any increase or decrease of cost resulting
from such changes to be adjusted in the manner provided in
Paragraph 17 of the General Conditions.
22. Claims for Extra Cost
No claim for extra work or cost shall be allowed unless the
same was done in pursuance of a written order of the Engineer
approved by the Owner, as aforesaid, and the claim presented with
the first estimate after the changed or extra work is done. When
work is performed under the terms of subparagraph 17(c) of the
General Conditions, the Contractor shall furnish satisfactory
bills, payrolls and vouchers covering all items of cost and when
requested by the Owner, give the Owner access to accounts relating
thereto.
23. Right of the Owner to Terminate Contract
In the event that any of the provisions of this Contract are
violated by the Contractor, or by any of his Subcontractors, the
Owner may serve written notice upon the Contractor and the Surety
of its intention to terminate the Contract, such notices to
contain the reasons for such intention to terminate the Contract,
and unless within ten (10) days after the service of such notice
upon the Contractor, such violation or delay shall cease and
satisfactory arrangement of correction be made, the Contract
shall, upon the expiration of said ten (10) days cease and
terminate. In the event of any such termination, the Owner shall
immediately serve notice thereof upon the Surety and the
Contractor and the Surety shall have the right to take over and
perform the Contract; Provided, however, that if the Surety does
not commence performance thereof within ten (10) days from the
date of the mailing to such Surety of notice of termination, the
Owner may take over the work and prosecute the same to completion
by Contract or by force account for the account and at the expense
of the Contractor and the Contractor and his Surety shall be
liable to the Owner for any excess cost occasioned the Owner
thereby, and in such event the Owner may take possession of and
utilize in completing the work, such materials, appliances, and
plant as may be on the site of the work and necessary therefor.
24. Construction Schedule and Periodic Estimates
Immediately after execution and delivery of the Contract, and
before the first partial payment is made, the Contractor shall
deliver to the Owner an estimated construction progress schedule
in form satisfactory to the Owner, showing the proposed dates of
commencement and completion of each of the various subdivisions of
work required under the Contract Documents and the anticipated
amount of each monthly payment that will become due the Contractor
in accordance with the progress schedule.
25. Payments to Contractor
(a) Not later than the 10th day of each calendar month the
Owner shall make a progress payment to the Contractor on
the basis of a duly certified and approved estimate of
the work performed during the preceding calendar month
under this Contract, but to insure the proper performance
of this Contract: Provided, that the Contractor shall
submit his estimate not later than the first day of the
month.
(b) In preparing estimates the material delivered on the site
and preparatory work done may be taken into consideration.
(c) All material and work covered by partial payments made
shall thereupon become the sole property of the Owner,
but this provision shall not be construed as relieving
the Contractor from the sole responsibility for the care
and protection of materials and work upon which payments
have been made or the restoration of any damaged work, or
as a waiver of the right of the Owner to require the
fulfillment of all of the terms of the Contract.
(d) Owner's Right to Withhold Certain Amounts and Make
Application Thereof: The Contractor agrees that he will
indemnify and save the Owner harmless from all claims
growing out of the lawful demands of Subcontractor,
laborers, workmen, mechanics, materialmen, and furnishers
of machinery and parts thereof, equipment, power tools,
and all supplies, including commissary, incurred in the
furtherance of the performance of this Contract. The
Contractor shall, at the Owner's request, furnish
satisfactory evidence that all obligations of the nature
hereinabove designated have been paid, discharged, or
waived. If the Contractor fails so to do, then the Owner
may, after having served written notice on the said
Contractor, either pay unpaid bills, of which the Owner
has written notice, direct, or withhold from the
Contractor's unpaid compensation a sum of money deemed
reasonably sufficient to pay any and all such lawful
claims until satisfactory evidence is furnished that all
liabilities have been fully discharged whereupon payment
to the Contractor shall be resumed, in accordance with
the terms of this Contract, but in no event shall the
provisions of this sentence be construed to impose any
obligations upon the Owner to either the Contractor or
his Surety. In paying any unpaid bills of the
Contractor, the Owner shall be deemed the agent of the
Contractor, and any payment so made by the Owner shall be
considered as a payment made under the Contract by the
Owner to the Contractor and the Owner shall not be liable
to the Contractor for any such payments made in good
faith.
26. Acceptance of Project and Final Payment
Upon acceptance of the project by the Owner and the Engineer,
final payment shall be made to the Contractor. The final payment
shall include all money retained, if any. The issuing of the
final payment by the Owner, and the acceptance of the final
payment by the Contractor, shall not, however, operate to release
the Contractor or his Sureties from any obligations under this
Contract or the Performance and Payment Bond.
27. Payments by Contractor
The Contractor shall pay (a) for all transportation and
utility services no later than the 20th day of the calendar month
following that in which services are rendered, (b) for all
materials, tools, and other expendable equipment to the extent of
ninety percent (90%) of the cost thereof, no later than the 20th
day of the calendar month following that in which such materials,
tools, and equipment are delivered at the site of the project and
the balance of the cost thereof, no later than the 30th day
following the completion of that part of the work in or on which
such materials, tools, and equipment are incorporated or, used, and
work in or on which such materials, tools, and equipment are
incorporated or used, and (c) to each of his Subcontractors, no
later than the 5th day following each payment to the Contractor on
account of the work performed by his Subcontractors to the extent
of each Subcontractor's interest therein.
28. Insurance
The Contractor shall not commence work under this Contract
until he has obtained all the insurance required under this
paragraph and such insurance has been approved by the Owner, nor
shall the Contractor allow any Subcontractor to commence work on
his subcontract until the insurance required for the Subcontractor
has been so obtained and approved.
(a) Compensation Insurance: The Contractor shall procure and
shall maintain during the life of this Contract Workmen's
Compensation Insurance as required by applicable State or
territorial law for all of his employees to be engaged in
work at the site of the project under this Contract and,
in case of any such work sublet, the Contractor shall
require the Subcontractor similarly to provide Workmen's
Compensation Insurance. In case any class of employees
engaged in hazardous work on the project under this
Contract is not protected under the Workmen's
Compensation Statute, the Contractor shall provide and
shall cause each Subcontractor to provide adequate
employer's liability insurance for the protection of such
of his employees as are not otherwise protected.
(b) Contractor's Public Liability and Property Damage
Insurance and Vehicle Liability Insurance: The
Contractor shall procure and shall maintain during the
life of this Contract Contractor's Public Liability
Insurance, Contractor's Property Damage Insurance and
Vehicle Liability Insurance in the amounts specified in
the Detailed Specifications.
(c) Subcontractor's Public Liability and Property Damage
Insurance and Vehicle Liability Insurance: The
Contractor shall either (1) require each of his
Subcontractors to procure and to maintain during the life
of his subcontract, Subcontractor's Public Liability and
Property Damage Insurance and Vehicle Liability Insurance
of the type and in the amount specified, (2) insure the
activities of his policy, specified in subparagraph (b)
hereof.
(d) Scope of Insurance and Special Hazards: The insurance
required under subparagraphs (b) and (c) hereof shall
provide adequate protection for the Contractor and his
Subcontractors, respectively, against damage claims which
may arise from operations under this Contract, whether
such operations be by the insured or by anyone directly
or indirectly employed by him and, also against any of
the special hazards which may be encountered in the
performance of this Contract.
(e) Proof of Carriage of Insurance: The Contractor shall
furnish the Owner with certificates showing the type,
amount, class of operations covered, effective dates and
date of expiration of policies. Such certificates shall
also contain substantially the following statement: "The
insurance covered by this certificate will not be
cancelled or materially altered, except after (10) days
written notice has been received by the Owner."
29. Contract Security
The Contractor shall furnish a Performance Bond in an amount
at least equal to one hundred percent (100%) of the Contract
prices as security for the faithful performance of this Contract
and also a Payment Bond in an amount not less than one hundred
percent (100%) of the Contract price or in a penal sum not less
than that prescribed by State, territorial or local law, as
security for the payment of all persons performing labor on the
project under this Contract and furnishing materials in connection
with this Contract. The Performance Bond and the Payment Bond may
be in one or in separate instruments in accordance with local
laws.
30. Additional or Substitute Bond
If at any time the Owner for justifiable cause shall be or
become dissatisfied with any Surety or Sureties, then upon the
Performance or Payment Bonds, the Contractor shall within five (5)
days after notice from the Owner so to do, substitute an
acceptable bond (or bonds). in such form and sum and signed by such
other Surety or Sureties as may be satisfactory to the Owner. The
premiums on such bond shall be paid by the Contractor. No further
payments shall be deemed due nor shall be made until the new
Surety or Sureties shall have furnished such an acceptable bond to
the Owner.
31. Assignments
The Contractor shall not assign the whole or any part of this
Contract or any moneys due or to become due hereunder without
written consent of the Owner. In case the Contractor assigns all
or any part of any moneys due or to become due under this
Contract, the instrument of assignment shall contain a clause
substantially to the effect that it is agreed that the right of
the assignee in and to any moneys due or to become due to the
Contract shall be subject to prior claims of all persons, firms
and corporations of services rendered or materials supplied for
the performance of the work called for in this Contract.
32. Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor,
any other Contractor or any Subcontractor shall suffer loss or
damage on the work, the Contractor agrees to settle with such
other Contractor or Subcontractor by agreement or arbitration if
such other Contractor or Subcontractor will so settle. If such
other Contractor or Subcontractors shall assert any claim against
the Owner on account of any damage alleged to have been sustained,
the Owner shall notify the Contractor, who shall indemnify and
save harmless the Owner against any such claim.
33. Separate Contract
The Contractor shall coordinate his operations with those of
other Contractors. Cooperation will be required in the
arrangement for the storage of materials and in the detailed
execution of the work. The Contractor, including his
Subcontractors, shall keep informed of the progress and the detail
work of other Contractors and shall notify the Engineer
immediately of lack of progress or defective workmanship on the
part of other Contractors. Failure of a Contractor to keep
informed of the work progressing on the site and failure to give
notice of lack of progress or defective workmanship by others
shall be construed as acceptance by him of the status of the work
as being satisfactory for proper coordination with his own work.
34. Subcontracting
(a) The Contractor may utilize the services of specialty
Subcontractors on those parts of the work which, under
normal contracting practices, are performed by specialty
Subcontractors.
(b) The Contractor shall not award any work to any Sub-
contractor without prior written approval of the Owner,
which approval will not be given until the Contractor
submits to the Owner a written statement concerning the
proposed award to the Subcontractor, which statement
shall contain such information as the Owner may require.
(c) The Contractor shall be as fully responsible to the Owner
for the acts and omissions of his Subcontractors, and of
persons either directly or indirectly employed by them,
as he is for the acts and omissions of persons directly
employed by him.
(d) The Contractor shall cause appropriate provisions to be
inserted in all subcontracts relative to the work to bind
Subcontractors to the Contractor by the terms of the
General Conditions and other Contract Documents insofar
as applicable to the work of Subcontractors and to give
the Contractor the same power as regards terminating any
subcontract that the Owner may exercise over the
Contractor under any provision of the Contract Documents.
(e) Nothing contained in this Contract shall create any
contractual relation between any Subcontractor and the
Owner.
35. Engineer's Authority
The Engineer shall give all orders and directions
contemplated under this Contract and Specifications, relative to
the execution of the work. The Engineer shall determine the
amount, quality, acceptability, and fitness of the several kinds
of work and materials which are to be paid for under this Contract
and shall decide all questions which may arise in relation to said
work and the construction thereof. The Engineer's estimates and
decisions shall be final and conclusive, except as herein
otherwise expressly provided. In case any questions shall arise
between the parties hereto relative to said Contract or
Specifications, the determination or decision of the Engineer
shall be a condition precedent to the right of the Contractor to
receive any money or payment for work under this Contract affected
in any manner or to any extent by such question.
The Engineer shall decide the meaning and intent of any
portion of the Specifications and of any Plans or drawings where
the same may be found obscure or be in dispute. Any differences
or conflicts in regard to their work which may arise between the
Contractor under this Contract and other Contractors performing
work for the Owner shall be adjusted and determined by the
Engineer.
36. Use of Premises and Removal of Debris
The Contractor expressly undertakes at his own expense:
(a) to take every precaution against injuries to persons or
damage to property;
(b) to store his apparatus, materials, supplies and equipment
in such orderly fashion at the site of the work as will
not unduly interfere with the progress of his work or the
work of any other Contractors;
(c) to place upon the work or any part thereof only such
loads as are consistent with the safety of that portion
of the work;
(d) to clean up frequently all refuse, rubbish, scrap
materials, and debris caused by his operations, to the
end that at all times the site of the work shall present
a neat, orderly and workmanlike appearance;
(e) before final payment to remove all surplus material,
false -work, temporary structures, including foundations
thereof, plant of any description and debris of every
nature resulting from his operations, and to put the site
in a neat, orderly condition.
(f) to effect all cutting, fitting or patching of his work
required to make the same to conform to the Plans and
Specifications and, except with the consent of the
Engineer, not to cut or otherwise alter the work of any
other Contractor.
37. Quantities of Estimate
Wherever the estimated quantities of work to be done and
materials to be furnished under this Contract are shown in any of
the Documents including the Proposal, they are given for use in
comparing bids and the right is especially reserved except as
herein otherwise specifically limited, to increase or diminish
them as may be deemed reasonably necessary or desirable by the
Owner to complete the work contemplated by this Contract, and such
increase or diminution shall in no way violate this Contract, nor
shall any such increase or diminution give cause for claims or
liability for damages.
38. Lands and Rights -of -Way
Prior to the state of construction, the Owner shall obtain
all lands and rights-of-way necessary for the carrying out and
completion of work to be performed under this Contract.
39. General Guaranty
Neither the final certificate of payment nor any provision in
the Contract Documents, nor partial or entire occupancy of the
premises by the Owner, shall constitute an acceptance of work not
done in accordance with the Contract Documents or relieve the
Contractor of liability in respect to any express warranties or
responsibility for faulty materials or workmanship. The
Contractor shall remedy any defects in the work and pay for any
damage to other work resulting therefrom, which shall appear
within a period of one year from the date of final acceptance of
the work unless a longer period is specified. The Owner will give
notice of observed defects with reasonable promptness.
40. Conflicting Conditions
Any provisions in any of the Contract Documents which may be
in conflict or inconsistent with any of the paragraphs in these
General Conditions shall be void to the extent of such conflict or
inconsistency.
41. Notice and Service Thereof
Any notice to any Contractor from the Owner relative to any
part of this Contract shall be in writing and considered delivered
and the service thereof completed, when said notice is posted, by
certified or registered mail, to the said Contractor at his last
given address, or delivered in person to the said Contractor or
his authorized representative on the work.
42. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to
be inserted in this Contract shall be deemed to be inserted herein
and the Contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such
provision is not inserted, or is not correctly inserted, then upon
the application of either party the Contract shall forthwith be
physically amended to make such insertion or correction.
43. Other Prohibited Interests
No official of the Owner who is authorized in such capacity
and on behalf of the Owner to negotiate, make, accept or approve,
or to take part in negotiating, making, accepting, or approving
any engineering, inspection, construction or material supply
contract or any subcontract in connection with the construction of
the project, shall become directly or indirectly interested
personally in this Contract or in any part hereof. No officer,
employee, attorney, engineer or inspector of or for the Owner who
is authorized in such capacity and on behalf of the Owner to
exercise any legislative, executive, supervisory or other similar
functions in connection with the construction of the project,
shall become directly or indirectly interested personally in this
Contract or in any part thereof, any material supply contract,
subcontract, insurance contract, or any other contract pertaining
to the project.
44. Suspension of Work
Should the Owner be prevented or enjoined from proceeding
with work either before or after the start of construction by
reason of any litigation or other reason beyond the control of the
Owner, the Contractor shall not be entitled to make or assert
claim for damage by reason of said delay; but time for completion
of the work will be extended to such reasonable time as the Owner
may determine will compensate for time lost by such delay with
such determination to be set forth in writing.
45. Figured Dimensions
Figured dimensions, when given in the Plans, shall be
accurately followed, even though they differ from scaled
measurements. No work shown on the Plans, the dimensions of which
are not figured, shall be executed until instructions have been