HomeMy WebLinkAbout121-92 RESOLUTIONRESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECLTE A CONTRACT WITH MCCLINTON-
ANCHOR (APAC) IN THE AMOUNT OF $350782 AND A
CONTINGENCY OF $1,218 FOR THE WILSON PARK
PATHWAY PROJECT.
BE IT RESOLVED BY THE BOARD
FAYETTEVILLEO ARKANSAS:
Section 1. That the Mayor
authorized and directed to execute a
(APAC) in the amount of $35,782 and t
Wilson Park Pathway Project. A copy
execution hereby is attached hereto
part hereof.
OF THE CITY OF
and City Clerk are hereby
contract with McClinton -Anchor
L contingency of $1,218 for the
of the contract authorized for
marked Exhibit "A" and made a
PASSED AND APPROVED this 18th day of Auqust , 1992.
APPROVED:
By:
Mayo
ATTEST:
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CONTRACT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
THIS AGREEMENT made and entered into on this
day of , 1442, by and between the City of Faye— t�—
ville, Arkansas, hereinafter called the OWNER, and
, hereinafter called the CONTRACTOR.
WITNESSETH: That Whereas, the OWNER has called for bids
for pedestrian way and incidental construction in a certain
area.of 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 Specifi-
rations for the unit and lump sum prices bid in the Proposal,
said Proposal, Plans and Specifications which are attached
hereto and made 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 pap as liqui-
dated damages the sum of $75.D0 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 moth, 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.
4.42
,
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,
s1,,the event the CONTRACTOR abandons the work hereufider
jw rails, neglects or refuses to continue the work after ten
f70) 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.
l
4.43
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto
set their hands and seals, respectively. APAC-Arkansas, Inc,
McClinlon-Anchor Olv.
CONTRACTOR
BY:
Title: '[S104A(—
�✓
�v TN
City of Fayetteville
OWNER
By:
Title:
WITNESS
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ADVERTISEMENT FOR BIDS
' BID NO, 92-27
Notice is hereby given that sealed bids will be received
by the City of Fayetteville Purchasing Office until 11:00
A.M. on the 23 day of July , 1992, for furnishing all
tools, materials, and labor and performing the necessary work
for construction of a pedestrian way and related improvements
along the North and West sides of Wilson Park in Fayette-
ville, Arkansas.
' The work involved consists of the construction of ap-
proximately 1,700 linear feet of 6' wide walkway and miscel-
laneous items which are incidental to the construction of the
project.
All work, material, and construction shall be in accor-
dance with the plans and specifications. Said plans and
specifications are on file in the office of Northwest Engi-
neers, Inc., at 529 West Sycamore Street in Fayetteville,
' Arkansas. These documents may be obtained from the office of
Northwest Engineers upon the payment of $25.00 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 conditions 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 be 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 con-
tained 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, Arkansas 727C1
' 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 306. All bids shall be clearly
11
marked on the outside of the bid envelope that it is a bid
for walkway construction in Wilson Park, 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. 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.
Peggy Bates, Purchasing Manager
To Northwest Ark. Times:
July 9 & :.uly 16
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INFORMATION FOR BIDDERS
PEDESTRIAN WAY CONSTRUCTION
Wilson Park
Fayetteville, Arkansas
July 1992
1. Instructions to Bidders:
The City of Fayetteville (hereinafter called the
Owner) is requesting bids for work on the above caption-
ed walkway project.
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 306, until 11:00 A.M. on the 23
day of July 1992. All bids will be clearly marked on
the outside of the bid envelope that it is a bid for
Walkway Construction at Wilson Park. Also, the infor-
mation 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 6C days of submission of the bid may, at the
option of the contractor, be withdrawn from consider-
ation for the proposed work. This bid is subject to the
availability of funds.
3. Estimated Quantities:
The Engineer's estimate cf quantities is approxi -
irate only and shall be used for the basis for receiving
unit price bids, and shall not be considered as the
actual quantities that may be required for the comple-
tion of the prcposed work. The quantities, at the unit
and lurrp sur. prices bid for each item shall be used to
determine the amount of bid for comparison with other
bidders to aid in determining the lowest and best bider
for the purpose of awarding the contract, and will be
used as a basis for fixing the amount of the required
bond.
9. Completion of Bidding Forms:
The Proposal Schedule has been established with a
"Base Bid" being a walkway composed of crushed store
base with hot mix asphalt surface and an "Alternate Bid"
' for a walkway composed of portland cement concrete with
lamp black and gravel filter bed. In addition, an "add"
' or "deduct" price is requested for a walkway with ex-
posed aggregate concrete in lieu of concrete with lamp
black.
' S. Extent of work:
' The total amount of work to be performed under this
Contract is limited by funds available to the Owner and
the actual cost of the work as established by bid. The
intent of the Owner is to begin construction at the ex-
isting concrete walk on the East end of the proposed new
walk. The western limit of construction will be estab-
lished after acceptance of bids and prior to execution
' of Contract.
6. Balanced Bids:
' The prices bid on the various items of work shall
bear a fair relationship to the cost of the work to be
done. Any bids appearing unbalanced and deemed not to
' be in the best interest of the Owner may be rejected at
the discretion of the Owner.
' 7. Qualifications of Bidders:
If requested by the Owner or Engineer, the bidders
must submit satisfactory evidence of his ability and
' competency to perform the proposed work. The Owner re-
serves the right to reject a bid if the bidder has not
submitted upon request, a statement of his qualifica-
tions prior to the date of the bid opening.
s. Subcontractor:
The Contractor must obtain written approval from
the Owner before assigning or subletting all or any part
of this contract. The Contractor shall not allow an ap-
proved subcontractor to commence work until he has pro-
vided and obtained approval of such compensation and
public liability insurance as may be required. The ap-
proval of each subcontract by the Owner will not release
the Contractor from any of his obligations set out in
the plans, specifications, contract, and bonds.
' 9. Contract Time:
The number of working days for completion of the
' work under this Contract (for Sections 1 through 4)
shall be 30 working days.
1
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CONTRACT
' STATE OF ARKANSAS
COUNTY OF WASHINGTON
' THIS AGREEMENT made and entered into on. this �3
day of Atcl , 1992, by and between the City of Fayette-
ville, Arkansas, hereinafter called the OWNER, and
r / . hereinafter called the CONTRACTOR.
Nwin c - t kme �,y�sirx
WITNESSETH: That Whereas, the OWNER has called for bids
' for pedestrian way and incidental construction in a certain
area of 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 Specifi-
cations for the unit and lunp sum prices bid in the Proposal,
said Proposal, Plans and Specifications which are attached
' hereto and made a par= of this Contract.
She 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 liqui-
dated damages the sum of $75.00 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 CCNTRACTCR'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 ter.
(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 pore 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
heretc.
1
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto
' set their hands and seals, respectively. APAC-Arkansas,Inc.
McClinton -Anchor Div.
CONTRACTOR
1 /!'
By: r
' ..tle: (�cS/lJEN%
' City of Fayetteville
OWNER
By:
Title: M nyor
r
-41 T ESS
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h703174
INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA, PA.
Know all men by these presents: Thal ]N%S :RANCL CCNU -ZANY Cl NORTH ,AA"FnnICA,
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I r, e•r ,d An r h h . UL'
" I wnex. Ia(t „lel It. J,1! •1 1 v.:.!, ..I d.!•• :`I pe. n• : I . \I•,. I..:: r I,t- 1i, .:aa' '•I
O,)J^d., art and adl'g6 n
IJ1 :: r rv( f• :Ile Q n-rlaJny tie,( •- Illd 1 : II'( I('•d'il• 11' Inv d
r du',a
SI Tile pa„a4t' IFI. Rrcor
.''I: d n•, nnIa J
: •e.•• ` 1 a- • as^Ir• It Fra Veil :., Rr•x:ebon til •'.e :I a'd u' ) e0j,1, L- n.re (•
- •n;o
' doe, hvreny no^+.nz:e, ton. and appoint .:ACI( rAST. -,R,, 7AN.1:S E. DANIEL, DONALD R.
:: NDIMSO:d ,.:Id ,'UDY I RANKS, all of Ilie City of Llt.tic Rock, State o: Arkansas ---
eacr ndrviduaIK If t-lere he brie II•,•. -or v -.amed.
I:. tl,.e and la\\'.. r::torn0\n-tat” Ir, mall' ax0r..1e, ,0411 and d0i .Pr on lt, he'lalt, ,nd ,s s ac: a -r. deed
ar\ arid all n.)nd•, under:ak r"., recngnlzarcr's enrt•acand other d.d.•itingl r the nah.te the eo' And :tie
0tivu)unn :,t ., l'I ,Nr.t tit r hursuarLr of Ihe'e n'esr11:, shall he as Finding upon I. Cwipa•1\, a% luil.
Alld a -q)\ ,•s • 11-0\ :ad been rday exe(uu•o and acl:nod.+ledLed b, :tie le;guarh (le::ed xnuers r:i :it:-
Companv at ns p'Inunal ofu(e
.:
IN `a'.l i \ESS 1. HFnEOF, :'-r ca r• --..-... y:CSAEI, 5. : U1x .:: ..................... \ 1: e P:e.ide
•.aS he•e..rtu s..bcrrin0d i c -a .e and ar` till ti'0 co•porate .0411 e 1 the sa (: INSURANCE COMPANY OF
NORTH AMERICA the ............ `z:k................. div of -May...... 19...f: -.-
Via, ( u> ZI.jatv.-I,Ld%
H AMERICA
wp;wey �.
s:
At I• PUBLIC `c. .. y ..
id a ?i:CI:A. L A. FO;X)R de til
"
S'A7E OF -_" �L-LAOIS t
COUAITv OF C=CLIC
24t .. (jay ci May. F"
. A D 111 ..
Or Ihry .. .. .... 1)eiwl r,e. a Nl;ta iv
Pl:alr, n' the S=ATE OF T:,]It:O'S n and io• the (ounty n: COOK ra,1`e ..
.. .. .. .. ... \t:CHAi:.__ R. .. ill
OP.CR .. .. '' ' dome I\SURA\CE
\'.(C��rev4Ull J'
COMPANY OF NORTH AMERICA to 'ne aeo-unail\ Lnc`sn to ne Ite .ndntdual and bf• der \v -o c\ecu.rd'hc precedl^g
Inlru-nen: and he ac.^owedged t' -at he 1'xecvel: IFr Bann thd: the ,ta! a`ilxed to :^e p-etedlne� r, r -e
(nrpl•r,1e seal ci s:.Id (cmpand.. that :he sa.d Lrrp:)rJ'e seal anc h c <e')atu•e Hen` du v aroxec '?\ the auitioi;:\ .nd
drq(zi,m r.; ;^I- call rorpclatrtn• anc :`-al Resni,.t.,n adrpwe od. Ire hl.ard of Dre(1.1•; rt salt. LL) nnum. rt"e-•td ;a
:n the pre(eding m.:ramrnt, a now 1n :one.
IN IES: PAO`%I :S':iEFIOF. I have here wo .et Into -and and an tied rn ciuc.. l seal if the (ltv n' Ch: C"CC:
e dad. and vea• firs: abo%e wl lien. )
Cie A
PHYLLIS :+::S)U\ ti'•r 1•d. '•.7i.r
.M} comm s:rin etipr-es 2/E /B
/ ; I lie Lride•slgnec. A�'aanASec•elan• o! NSURA4CE COMPANY Or NORTH AMERICA, tit hereh\ Crim f: ' )a:
n
I .t a
orpON I R OF AT:0241", c1 .+-Ieh the iolerol-I; Ic ,I lull, true a -d ( olive I top% is r: ',.II ice A •d r'7rc'
:^ v.11nrss \s he•eu: I hair ••ereL 9141 s.bs(vnua r•\ ••,ani Is X)3•)11Xi±lf Sermon, and a•'ncn !h(• u, .`urate :rt;
r.Nthe Curporaaor, I••Is. ..-. -. .... .. ......_... .... .... dal cl .. ... .. Pi
SEAL.
135.1.419 laid. Ir U.S.A
04 0
Sedgwick James
Sedgwick James of Adaneas, Inc.
930 S Shacklelorc Hcac. S,x:e 60C. PO Box 611
L the Rock. Arkansas 12233 O6A 4
7cloohcne X50' 2223.311' Te-fjx 636249 f acsrn le ;50-: 223-8461
ARKANSAS STATUTORY PERFORMANCE & PAYMENT BOND
VJe, APAC-_ARKANSAS,
INC./'�cCL1NION—ANCHOR-rTVISION
as Principal,
hereinafter called
Principal, and INSURANCE
CQMPANY OF-XQRIH .A`1ERICA
as Surety. hereinafter
called Surety, are held and firmly bound unto . THE C 1TY OF FAY ETTEVTLLE
as Obligee, hereinafter ca'led Owner, in the amount of _ ` HIRTY...FTVE THOUSAND, SEVEN 14UNDREJ
EICHTYTkO DO_.LARS b NO 141:vDREJS - Dollars (S35,782,00- 1
for the payment whereof Principal and Surety bind themselves, their heirs. personal represertat•ves, successors
and assigns. jointly and severally, firmly by these presents.
Prircipal has by written agreement dated
entered into a contract with Owrer 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 the principal shall faithfully perform the Contract on his part
and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reasor
of fai:ure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may
incur in making good any such default, and futher, that if the Principal shall pay all persons all indebtedness for
labor or materials furnished or performed under said contract failing which such persons shall have a direct right
of action against the Principal and Surety jointly and severally under this obligation. subject to the Owner's orio•i.
ty. then this obligation shall be null and voil; otherwise It shall remain in full force and effect.
No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit. action
o• proceeding shall be brought on this bond except by the Owner after twelve months from the date firal paymert
is made or the contract, nor shall any suit, action or proceeding be brought by the Owner a'ter two yea•s'rom
the date on which the final payment under the Contract falls due.
Any alterations which may be made in the terms of the Contract, or In the work to be done under it. or Inc
'giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on
the part of ether the Owner or the Principal to the other shall not in any way release the Principal and the Surety
or Sureties, or either or any of them. their heirs, personal representatives. successors. or assigns from their .lab ;ty
hereuncer, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived.
in no event shall the aggregate liability of the Surety exceed the sum se; out herein.
This bond is given in compliance with act 351 or 1953 as amended.
Executed on this day of 19
APAC_ARFANSAS,
By JPrincipal
�ff10E
INSIIRANrF --COKP.
0
NE-CPOEP APr GRAPHICS. IH(, PC BOY 34M UT FaCCI(M1720'.-A3K
INC. L`IcCLINTON-ANCHOR
➢IVISI.IN
4ts),
OX—SOB11 AMERICA
ii
wwm�"I` r COMPANIES AFFORDING COVERAGES
United Swire Agency, Inc. LETTER
Post Offica Box 11766 A Insurance Company of North America
Lexington, Kentucky 40677
B
AND ADDRESS OF INSURED Ci
C -ARKANSAS, INC. 0
LI' ON -ANCHOR DIVISION E
NORTH BLOCK
0, BOB 1367 F
This is to Certify that Policies of kmrsnce listed below have been issued to the insured named above and we in forts at this time.
TYPa OP INSURANCE POLICY NUMBER POLICY M1
EXPIRATION OATS A FULILT
R
OENtML t rABrtm PERSONAL INJURY
INCLUDING
A ®coMPRERwsIVE roRM LAB 26806 12.1-92 t BODILY INJURY
®
®°PRQMBON AAIO COLLAPSE
PROPERTY OAMAW aHAD •
�j UNDERGROUND HAZARD
® aVRATICNercor�D
eROPERru
® �,� �TM PROPERRTYOAMAGE , 10000 • 1,000
® aRowelow oNtwaop eoMBWm
® PERSONAL WAMY
AUTOMOBILE UA$iuTy BODILY WJURY a
INCH PERSON)
A COMPRE IENS)vIl FORM LAB 26808 12-142Iru� o Y INJ IRY s
® OWNED
®
MOPERTY DAMAGE III
HMOBODILY INJURY AND
® NON-0WNED PRoPERTY DAMAN a 1,000
COMBINE)
EXCEU UIAIWTYjj`` BODILY INJURY AM
° UMBRELLA N I MWPVr*f DAMAN a � •
° PCMm THANNME"4'�A OOMar m
IKII EMPLOY rU"nM I =�BEVERSS SIDE ! 5-I-93 I Saw bw aravToar
,ILSON PARK JOGGING/PEDESTRIAN WALKAY
�ncellatlone Should any of the a$Dw described policies be cancelled before the w*ation date the
endeavor tD mail 3 days written notice to ten below nerned Der"ats holder, b
aMl+�elAlNknposeegngbP
o opation or Rab llty of any kind upon the company.
AGI YDOF YAY�I"ft?
oATt MIAMI AUGUST
113 T MOUNTAIN ST,
FAYETTEV:LLE, AR 72701
'AUTHOR
a 1,000 lUca
the issuing company will
ra
Uto mail such notice
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ITEM
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PROPOSAL
FOR
PEDESTRIAN WAY & RELATED IMPROVEMENTS
WILSON PARK
Fayetteville, Arkansas
ITEM EST. UNIT
QUANT. PRICE
MWlir02llirr)2101
1 6' Pedestrian Way:
Earthwork, Base
and Asphalt 1,600 LF S ��i /LF S
(WORDS)
2 1 1/2" ACHM Overlay,
Tack Coat and Striping
for Pedestrian.
Cro sings 112 LF
ct .vr .rye
/�4u F
(WORDS)
3
Concrete Cu3FVb &`� Gutter 110��LF
AjJ
i UFS ut JYMX�Av /ii�,.i K�ji mLF
(WORDS)
4 18" RCP Culvert / 6C LF
J xtJ- a :is 4 r,!61a uv.�/Lr
;;Jt (WORDS)
5 Concrete Headwa l lLurrp Suff.
6 Seeding and Mulching 41500 SY
/ S Y
(WORDS)
7 Topsoil 54}02 Truck Yards
v1 11w,fJ �0L - /TY
(WORDS)
2
$ i /LF
S I21�2 /LF
Oti
$ 5 ` /LF
/ L S
/TY
S
ITEM ITEM EST,
NO. QUANT.
1* 6' Pedestrian Way:
Earthwork, Concrete
Paving w/Lamp Black
and Filter Blanket 1v,6,00 LF
,a�4l C�}n..` �c'ie l LF
—T (WORDS)
2* Concrete Pedestrian
Crossing, Lanp Back,
Filter Blanket,
Striping 110 LF
(WCRDS )
UNIT EXTENDED
PRICE
4C
$ 2G /LF 5
/LF $
*Contractor agrees to provide exposed aggregate concrete surface for
Pedestrian Way, a with the following price 7ustnent:
ADD $ /LF DEDUCT $ /LF
TOTAL (Item Nos. 1 thru 7).......... 0400....,.......$
DOTAL (Items lA, 2R and 3 thru 7) ....J7
.....F.......5
( (WORDS)/
APAC—Arkansas, Inc.
cChmon —Anchor Div
Submitted By: � -C�c�R
Contractor
Date: C ?Z 3//Yi
License No. Yz—/Sg
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GENERAL CCSDIT:ORS
Contract and Contract Docqjnents
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, titres, 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 I)ocuments
2. Definitions
3. Additional Instri:ctions 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. "Cr Equal" Clause
9. Patents
10. Surveys, Permits and R(?C:U ations
11. Contractor's Cbligations
12. weather Conditions
13. Protection of work and Property --Emergency
14. Ins; ection
15. Reports, Records and Data
16. S::perintendeace by Co.tractor
17. Chances :n worx
18. Extras
19. Time for Completion and Liquidated Damages
20. Correction of work
21. Subs::rface Conditions Found Different
22. Claims for Extra Cost
23. Right of Cwner to Terminate Contract
24, Construction Schedu:e and Periodic Estimates
25. Payments to Contractor
26. Acce:tance of Protect and Final Payment
27. Payments by Ccntractcr
28, Insurance
29. Contract Security
30. Additional or Sabst;tu: e Bond
3:. Assign~seats
32. M::tual Responsiti::ty of Contractors
33, Separate Contracts
34. Sib c:,tract;.
35. Engineer's A::tnor_ty
' 36. .Use of Premises and Removal of Debris
37. Quantities of Estimate
36. Lands and Rights-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. Figured Dimensions
' 46. Diverting and Blocking Traffic
47. Danger Si�inals 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": The City of Fayetteville, Arkansas.
(b) "Oontractor": A person, firm or corporation with whom
the Contract is rade by the Cwner.
(c) "Subcontractor": A person, firm or corperaticn sa;Ylying
labor and materials or only labor for work at the site of
the project for, and under separate Contract or agreement
with the Contractor.
Id) "work on (at) the• Project": Work to be performed at the
' location of the project, including the transportation of
materials and SUj1pl1es to or from the location of the
project by employees of the Contractor and any
Subcontractor.
' (e) "Engineers": Engineers shall mean the firm of Northwest
Engineers, Inc., who have been employed by the Owner for
' this work, or their duly authorized agents, such agents
acting 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.
1
' 3. Additional Instructions and Detai: Drawings
The Contractor will be furnished additional instructions and
' detail drawings as necessary to carry out the work included in the
Contract. :he 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 sub,ect to
change frcr time to time in accordance with the progress of the
work.
' 4. Scone 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 bot:, 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 fron
the Spec:f:caticns 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 t}at the work shall be performed and
completed according to the true spirit, meaning and intent of the
Contract, Specifications and Plans.
' S. Materials, Services, and Facilities
(a) It is understood that except as otherwise speciflca:.y
stated in the Contract :ocumerts, 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, ccmplete, and deliver
the work within the specified time.
(b) A:y work necessary to be performed after regular working
hours, on Sundays or Legal Holidays, shall be performed
' witnc.;t additional expense to the Owner.
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t6. Contractor's Title to Materials
No materials or s::pplies 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 frorr. all liens, clairrs 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
Owners
' (b; ma_erials of construction, particularly those upon which
the strength and durability of the structure nay depend,
shall be sub=ect to inspection and testing to establish
' confcr-ance with Specifications and suitability for uses
intended.
' E. "Cr Eq::al" Clause
Wlenever a material, article or piece of equipment :s
' identified cr. the Plans or in the Specifications by reference to
manufacturers' or vendors' names, trade nares, catalogue numbers,
etc., _4t is intended merely to establish a standard; and, any
materia:, article, cr aqu.4zmer.t of other maniufacturers and vendors
' whicy w::: perform adequately the duties imposed by the general
design will be considered e;ually acceptable provided the
materia:, article, or equipment so proposed, ;s, in the opinion of
' the Eng -leer, or eq,:al sadstarce and function. :t shall not be
purchased or installed by the Contractor without the Engineer's
written approval.
1 5. Patents
(a) The Contractor shall hold and save the Cwner and its
' offices, agents, servants, and employees harmless from
l:ah_:ity cf any nature cr kind, including cost and
expenses for, or on account cf, any patented or
' atented invention, rrccess, article, cr appliance
ranufactured or used in the performance of the Contract,
1ncluc;ng its use by the Owner, unless otherwise
specifscally st;puiated in the Contract Documents,
t(b) License or oya:ty Fees: License and/or Royalty Fees
fcr the use o: a process which is autnorized by the
:cf t`e Yro;ect rust be reasonable, and pard o the
'ler of the catent, or his authorized licensee, pec'
r�:e ar.c not by r thro;:gh =eContractor.
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(c) :f 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 per_ormed under this Contract, and shall
in.deTnify 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 sha:l procure and pay a:: perr.its, licenses
and approvals necessary for the execution of his Contract.
I..e Contractor shall comply with a.: laws, ordinances, rules,
orders, and regulations re:ating 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 firnish 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 reg:::red 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 a:: supplemental
Plans and drawings, and in accordance with the directions of the
Engineer as giver. fro- time to time during the progress of the
work.
The Contractor shall observe, comply with, and be subject to
all terms, conditions, recLizemen ts, and lim.itatior.s of the
Contract and Snecifications, and shall do, carry on, and corplete
the entire work to the satisfaction of the Engineer and the Owner.
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12. Weat. er Conditions
In the evert of tea,perary suspension of work, or during
inclement weather, or whenever the Engineer shall direct, the
Contractor will, and will caise 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 beer. damaged or ir.7ured 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 tires safely guard the Owner's
property fro- injury or loss in connection with this Contract. He
shall at all times safely u,:ard 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,
:n case of an emergency which threatens loss or in.7ury of
property, and/or safety of life, the Contractor will be allowed to
act, without previous in.str.:ctions from the Engineer, in a
diligent manner. He shall notify the Engineer immediately
thereafter. Any claim for compensation by the Contractor die to
such extra work shall be promptly submitted to the Engineer for
approval.
Where the Contractor has n.ct taken action bat has n.ctified
the Engineer of an e-ergercy threater.inc in;ury to persons or
damace to the work of any ai)zin.ing property, he stall act as
instructed or aithcrized by the Engineer.
The amc.;nt of reimburse-.ent claimed by the Contractor on
account of any eaergency action. shall be deter:= ned in the ra:.ner
provided :n Paragraph 17 of the Genera: Conditions.
14. Inspecticn
This Prc;ect stall at all tires be subject to inspections by
representatives of the City, the Owner, and/or the Engineer.
Ln:ess ctnerw:se directed by the Engineer, all wcr•. of a
permanent nature which cannot be inspected after corpletion shall
be done in the presence of an inspector. NO CONCRETE SHALT. BE
PLACED UNLESS AN :NSPECTGR :S PRESENT. NO SEWER L:NE SHALL BE
BACKFULED UNTIL AN :NSPECT:0N HAS BEEN MADE BY THE ENGIN:=P, The
Contractor shall notify the Engineer at :east 24 hours in advance
before concrete :s to be pored. it shall be the d::ty of tie
Contractor notify the Engineer in advance of the beginning of
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worx after delays, shutdowns, change of work progress or cha:[ge 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 oadequacy or the safety cf the public.
Where plants, buildings, or mass movement of earth is being
undertaker., 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
reeuires a constant or generally intermittent checking of lines
anal elevations, the Contractor shall maintain such equipment and
personnel as are essential to the actual prosecution of the work.
In these ir.starces, the final grades, alignment and dimensions are
subject to the checking of the Engineer.
15, Reports, Records, an9 Data
The Contractor shall s-abmit tc the Owner such schedule of
quantities and costs, progress schedules, payrolls, reports,
estimates, records and other data as the Owner may request
concerning work perfcrm.ed or to be performed under this Contract.
16. Superintendence by C�rtractor
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 :n that capacity for the particular ;ob
involved urle=_s he ceases to be cr. 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 charge shall be determined by one or more, or a
combination of the following methods:
t(a) ::nit bid prices previously approved.
' (b) An agreed lump s.;m.
(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 equipa.ent during the tire of use of the extra
work;
4. Power and ccisumable supplies for the operation of
' power equip-ent;
5 Insurance;
6, Social Security and old age and unemployment
contr:b::ticns.
' To the cost under (c) there shall be added a fixed fee to be
agreed upon but not to exceed fifteen percent (158) 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 charges by altering, adding to or deducting from the
work, the Contract sun being ad.usted accordingly, and the consent
cf 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 :n 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. Ti'e fcr 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 conpletion as specified in the Contract of the work to be
done hereuncer are ESSEN::AL CCN:ITIONS of this Contract: and it
is further rr,;tually understood and agreed that the work emt.raced
in this Contract spall be corsenced on a date to be specified in
'the "Notice t.. Proceed."
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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 ccmpletion
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 amcunt 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 ccmpleting 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 amcunt of damages which the Owner would sustain and said
amount shall be retained from time to time by the Owner from
current periodical estimates.
:t 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 cf time is fixed for the performance
of any act whatsoever; and where under the Contract an additional
time is allowed for the comcletion of any work, the new time limit
fixed by such extension shall be of the essence of this Contract.
Provided, that the Contractcr shall not be charged with liquidated
damages cr any excess cost when. the Owner determines that the
Contractor is withoat 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 ccst 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 unforeseeatle 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
e-bargoes, anZ severe weather; and
ic) 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 ter (IC)
days from the beginning of such delay, unless the Owner shall
grant a f::rther 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 reascnatle 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 has 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 aaterial
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 an 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 ia.Tediately
give notice to the Engineer of such conditions before they are
d:sturbed. The Engineer will thereupon promptly investigate the
conditions, and if he finds that they materially differ from those
shown or. the Plans or indicated in the Specifications, he will at
once rake such changes in the Plans and/or Specifications as he
nay 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, clai7s 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 Cwner, 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 17Ic1 of the
General Conditions, the Contractor shall furnish satisfactory
bills, payrolls and vouchers covering all items of cost and when
requested ty the owner, give the Cwner access to accounts relating
thereto.
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23.Ri§ht of the Owner to Terminate Contract
In the evert 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 violaticn or delay shall cease and
satisfactory arrangement of correction be made, the Contract
shall, upon the expiration, of said ten (101 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 payxent 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
sunlit 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 a d work covered :,y partial payments made
shall t'ereupon t.ecoMe the sole property of the Cwner,
but this provis;on shall not be construed as relieving
the Contractor from the sole responsibility for the care
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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 saR. 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 Cwner shall be
' considered as a payment made under the Contract by the
Owner to the Contractor and the Cwner shall not t•e liable
to the Contractor for any such payments made :n good
faith.
1 25. 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 Ccrtxactcr, 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
fo:lowir.g that in which services are rendered, lb; fox a:l
' materials, tools, andvother expendable equipment to the extent of
nirety percent 14Ct) of •he cost thereof, no later thanthe eCth
da}' of e calendar 'h fc::owing that in which s::ch rater.a_s,
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' tools, awnd equipment are delivered at the site of the pioject and
the balance of the cost thereof, no later than the 30th day
following the ccr..pleticn of that ;art 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 Cwner, 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. Ir. case any class of employees
engaged :n 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
' er�rFloyer's liability :rsurance 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 :assurance in the amounts specified in
the Detailed Specifications.
(c) Subcontractor's Pub::c Liability and Property Damage
Insurance and Vehicle Liability insurance: The
Contractor s:
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provide adequate protection for the Contractor and his
Subcontractors, respectively, against damage claims which
„ay 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.
le) 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 (133%) of the Contract price or in a penal sun 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 :n separate instruments in accordance with local
laws.
30. Additional or Substitute Bond
:f at any time the Owner for justifiable cause shall be cr
become dissatisfied with any Surety or Sureties, then upon the
Performance or Payment Bonds, the Contractor shall within five 15)
days after notice from the Cwner 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. Assign -eats
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 Owr.er, :n case the Contractor assigns all
or any part of any roneys due or to become due under this
' Contract, the instrument of assignment shall contain a clause
•4c c♦ that g .a
s;..s�ar.t:a .y to the effect ..,.a. __ :s agreed that the rig..,. cf
the assignee :n and to any Honeys due or to necor.e due to the
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Contract shall be sub;ect to prior clairs of all persons, f:rns
• and corporations of services rendered or materials supplied for
• the perfcrrar,ce 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 :f
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 keel
inforred of the work progressing on the site and failure to gave
notice of lack of progress or defective workmanship by ethers
shall be construed as acceptance by bin of the status cf the work
as being satisfactory for proper coordination with his own work.
34. Subcontracting
(a) :he Contractor .-..ay utilize the services of specialty
Subcontractors on those parts of the work which, under
norr.al 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
sub:-:ts to the Cwr.er a written statement concerning the
proposed aware to the Subcontractor, which statement
sall contain. such information as the Owner may require.
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(c) The Contractor shall be as
for the acts an.', or. ssions
persons either directly cr
as he is for the acts and
erp:Dyed by hin.
fully responsible to the Owner
of his Subcontractors, and of
indirectly employed by the.r,
omissions of persons directly
(d) The Contractor shall cause appropriate provisions tc be
inserted in all s;.tcontracts relative to the work to t:nd
ontractors to the Contractor by the terns of the
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• General Conditions and other Contract Documents insofar
as applicable to the work of Subcontractors and to give
the Contractor the sane power as regards terminating any
subcontract that the Cwner 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 Engineers 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 deterr,ination or decision of the Engineer
shall be a condition precedent to the right of the Contractor to
receive any money or payrent for work under this Contract affected
in any canner or to any extent by such question.
The 7ngireer shall decade the meaning and intent of any
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portion of the Specifications and of any Plans or drawings where
the sa;:e .r,ay be found obscure or be in dispute. Any differences
or conflicts ir. regard to their work which may arise between the
' Contractor under this Contract and other Contractors performing
work for the Owner shall be ad,u_ted and determined by the
Engineer.
36. Use of ?re.-ises and Removal of Debris
The Cont
'ractor expressly undertakes at his own expense:
(a) to take every precation aga:rst in;uries to persons or
damage to property;
(b) to store ms apparatus, materials, supplies and e:uipre.-.t
in soon Drier:y fashion at the site of the work as will
not jn..uly interfere witn the progress of his work or the
' wcrx of any other Contractors;
(c) to place upon tte work or any part thereof only s.
' loads as are consistent with the safety of that portion
of the work;
' (d; to clean up freg.:er.tly all refuse, rubbish, scrap
raterials, and :.kris ca.;sed by :::s operations, to the
end that at all tires the site of the work shall present
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•a neat, orderly and workmanlike appearance; 4
(e) before final payrent to remove al. surplus material,
fa]se-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.
If) to effect all cutting, fitting or patching of his work
required to make the sane 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 Estir•ate
Wherever the estimated quantities of work to be done and
materials to be furn:shed under this Contract are shown in any of
the Documents including the Proposal, they are given for use in
conparinc bids and the right is especially reserved except as
herein otherwise specifically limited, to increase or diminish
them as nay be deered reasonably necessary or desirable by the
Owner to co.:.plete the work contemplated by this Contract, and such
increase or diminution shall in no way violate this Contract, nor
shall any sucn increase or diminution give cause for claims or
liability for danages.
38. Lands and Rights-cf-Way
Pricr to the state of construction, the Cwner shall obtain
all lands and rights-cf-way necessary for the carrying out and
completion of work to be perfor.ed under this Contract.
39. General Guaranty
Neither the final certificate of payment nor any provision in
the Contract ocuirents, nor partial or entire occupancy of the
premises by the Cwner, shall constitute an acceptance of work r.ot
done :n accordance with the Contract Documents or relieve the
Contractor of liability :n respect to any express warranties or
responsibility for faulty materials or workmanship. The
Contractor shall remedy any defects :n the work and pay for any
damage to other work resulting therefror, which shall appear
within a period of one year fro^ the date of final acceptance of
the work unless a longer period :s specified. The Cwner will give
notice of observed defects with reasonable pro-ptness.
4C. Conflicting Conditions
' Any provisions in any cf the Contract DOCj.-e:.ts w:.ic Tay be
in con_ i..- irconc:s..e..� wl an.y of the paragraphs in t: ese
' e•eraI C^.-ditic Sta•• e �....< . nt _c c..<1
V .. ll/..Y .. ..V .. bV V V V to Y..e er e.. �. V1 s:, �.. .i ..t iCt cr
moon sistency.
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4:. Ttotice and Service Thereof
Any notice to any Contractor froir 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 rail, 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. Provis:cns Required by Law Deemed Inserted
Each and every provision of law and clause required by law to
be inserted in this Contract shall be dee:ed to be inserted herein
and the Contract shall be read and enforced as though it were
include'" 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 arre::ded 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 :n connection with the construction-. of
the project, shall ceccre directly or indirectly interested
personally in this Contract or :n any part hereof. No officer,
employee, attorney, en:: neer or inspector of or for the Owner who
is authorized :n such capacity and on behalf of the Owner to
exercise any aegis:at: e, executive, supervisory or other sir Jar
functions :n connection witn 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, insrance contract, or any other contract pertaining
tc the project.
44. Suspension of X:crr.
Should the Cwner be prevented or enjoined from proceeding
with work either before or after the start of construction by
reason of any ::t:cat:on or other reason beyond the control of the
Owner, the Contractor shall not be entitled to make or assert
claim for da....age by reason of said delay; but time for complet:cn
of the work will be extended tc such reasor.at a tine as the Owner
may determine will corpensate for time lost by such delay with
such deterr.in.ation to be set fcrth in writing.
1 45. Figured ii:r•er.sions
Figured dire... _ ..S, .er. gi en in the Plans, shall be
' accurately f:1:cwed, ever. tn:.,:cn they differ fro:r scaled
nt` .YY nn .r r the
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Y eGSY. ear e.. ��. .i V.a. ♦ S.. .. Ml. a.. ...e Plans, the dimensions of h_.
are not f_g reshall he shabe executed u:.t:: :nstructicns nave Yee;.
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obtained frothe Engineers as to the dimensions to be used.
Large scale and full size drawings shall be followed in :reference
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to stall scale drawings.
I46. :,iverting and Blocking Traffic
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The Contractor may close city streets to traffic as may be
necessary for the expeditious handling of the work, but only where
traffic may be conveniently routed over other open streets and
public ways; provided, however, that no street or public way shall
be closed to traffic for a longer period of tine that is necessary
for the construction of the work involved and then only upon the
approval of the Engineer and the City. Proper signs shall be
erected to facilitate the flow of traffic over the detour route.
When excavation work is carried on :n the state highway
right-of-way, the Contractor shall make provision for handling and
re-routing traffic as required by the State Highway Department.
47. Danger Signals and Safety Devices
The Contractor shall take all necessary precautions to guard
against damages to property and injury to persons. He shall put
up and r.aintai- in good condition sufficient red or warning lights
at night, suitable barricades and other devices necessary to
protect the public. :n case the Contractor fails or neglects to
take sucn precautions, the Owner nay have such lights and
barricades installed and charge the cost of this work to the
Contractor. Such action ty the Owner does not relieve the
Contractor of any liability incurred under these Specifications or
Contract.
4?. Privileges of Contractors :n Streets
The Contractor w::: be entitled to use such streets, alleys,
roadways, cr parts of the streets and alleys as are necessary for
the prosecution of the work. The use of such public thoroughfares
shall be at the direction of the Engineer and in accordance with
provisions as ex: ressei cy tit.
The Contractor shall maintain at least one lane of open
traffic at all tires. Adequate signing and flagaen shall be
provided to safely r..a:.nta:n flow of traffic d.;r:n; construction.
4. Waterways
Present natural and artificial waterways shall be left open
to flow freely. Te-.porary darts or by-passes .:,ay to provided when
found necessary or ordered by the Engineer.
50. Location of Facilities
The locations of any proposed =ire lines, va::es, corn
inlets, cressin_s, etc., as shorn on the draw:r._s are for genera:
:nforratic n only unless otn erw:se narked on the drawing. The
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exact location of each shall be designated by the Engineer at the
ti. -.e wcrx is started, after giving due consideration to the local
conditions. The Engineer shall set stakes accordingly, and the
Contractor shall install the work at the designated locations.
51. Work Done kithc.:t Lines or Grade
Any work done without lines, grades cr levels being given by
the Engineer, or done without the supervision of any inspector or
other representative of the Engineer, may be ordered removed and
replaced at the Contractor's cost and expense.
52. Preservation of Mcnur.e its and Stakes
The Contractor shat: carefully preserve all monuments,
benchmarks, and reference points, and in case of willful or
careless destruction of the sane, he will be charged with the
resulting expense of replacement, and shall be responsible for any
mistakes cr loss of ti -.e that may be caused by their unnecessary
less or disturbance.
T.ne Engineer will set the construction stakes one tire only.
All constrctaon stakes destroyed shall' be replaced by the
Contractor at his expense.
=.L.e Eng::.eer will reire 2 working days notice prior to
setting the co.nstrJcticn stages.
53. Sanitary Cc:.•:e..ie noes
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Sanitary ccnvenieraces, coos:stent with good heart` standards
and decency sha:1 be ;rcvided for the wcrkr.en. Such conveniences
shall be approve± by the local officials responsible for such
standards. £ c.L. ccr.�e:1er.ces shall be rair.tained in good order
and waste dispose:: of regularly and to the satisfaction cf said
official'.
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54. Sunday, .cl_aay a:. :;h. worx
No work shall be done between the hors of 6:CC P.v. and 7:CC
A.x., nor on Sundays or :ega: holidays, except work as may be
necessary for the proper care and protection of work already
performed, cr in case of any erergency, and in any case only with
the written per-riss:on of the Engineer.
It is Ulder£tsoC , however, that night work may be establ:shed
as a regular ;rccedre ty tie Contractor if he first obtains the
written per -fission cf t.`,e Engineer, and that such per,rission ray
�e revoked at any ti -e by t`e Er.;i:,eer if the Contractor fans to
raintain at ..: ,.,t an a�e e
:..a.e large a.,.. a ;,. i; ..t _..r re.so..a.._e
prosecution and s .e:.:s:cn c_ t e wort..
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