HomeMy WebLinkAbout74-92 RESOLUTION•
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RESOLUTION NO. 74-92
A RESOLUTION AUTHORIZING A CONSTRUCTION
CONTRACT IN THE AMOUNT OF $105,657.00 PLUS
$5,282,000 FOR CONTINGENCIES WITH JERRY D.
SWEETSER, INC., FOR SEWER LINE REPLACEMENTS AS
NEEDED ON HALL AVENUE, OLIVE AVENUE, SOUTH
COLLEGE AVENUE AND CHURCH STREET.
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BE IT RESOLVED HY 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 construction contract in the
amount of $105.657.00 plus $5,282.Oo for contingencies with Jerry
D. Sweetser, Inc., for sewer line replacements as needed on Hall
Avenue, Olive Avenue, South College Avenue and Church Street. 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 May, 1992.
APPROVED:
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By :
ATTEST:
By: ,lG X �tiJfll
City erk
Mayor
sr
CHANGE ORDER
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"aO$78.410
OWNER 0
ENGINEER
CONTRACTOR
OTHER 0
PROJECT: South College St. Box Cu'vert
(Name, Address) Fayetteville, Arkansas
TO CONTRACTOR: Jerry D. Sweetser, Inc.
(Name, Address) 590 W. Poplar
Fayetteville, AR 72703
The Contract is changed as follows:
SEE ATTACHES SHEET
CHANGE ORDER NO: ONE (1)
DATE: July 2, 1993
ENGINEER'S PROJECT NO:
CONTRACT DATE: Septerber 23, 1992
CONTRACT FOR:
92088.00
NOT VALID UNTIL SIGNED BY TNF OWNER, ENGINEER AND CONTRACTOR
The original (Contract Sum) EEkttia0OlanOtOMBletbamoilltrteml was
Net change by previously authorized Change Orders
The (Contract Suss) (tn zramtmedxMorthatxraBolie,et) prior to this
Change Order was $
The (Contract Sum) OGBIMmtl®itmetxtanamotiocrieditl,7t)C will be (increased)
(ZUNEBSUWEWORthWhWIS by this Change Order in the amount of $
The new (Contract Sum) including
this Change Order will be $
The Contract Time will he Odexcommixt ltda:ama gedO (unchanged) by
The date of Substantial Completion as of the date of the Change Order
therefore is
$
$
:79,745.00
C.00
129,745.00
4,018.00
133,763.00
0 ) days.
NOTE: This summary does not reflect changes in the Contract Sum, Contract Tine
or Guaranteed Maximum Price which have been authorized by Construction Change
Directive.
Crafton, Tull & Assoc., Inc. .len-y D. Sweetser, Inc. The City of Fayetteville
ENGINEER
P.O. Drawer 549
ADDRESS
Rogers, AR 72757-0549
BY
sord2v>a, Apr/
DATE ?/6/ r/
CONTRACTOR OWNER
590 W. Poplar :13 West Mountain
ADDRESS ADDRESS
Fayetteville AR -27 3 Fayettt Slle, AR/ 72701
7- 7- f3 7--A2- 93
CHANGE ORDER N0. 1
SOUTH COLLEGE STREET•BOX CULVERT
FAYETTEVILLE,,ARKANSAS
July 2, 1993
CTA No. 92088.00
The following items are expenses'incurred in addition to the Contract price
and as shown on the Plans:
December 8, 1992
Track Hoe - 4 hrs. @ $65 Add
Back Hoe - 3.5 hrs. @ $40 Add
Foreman - 12 hrs. @ $20 Add
Operator - 9.5 hrs. @ $18 Add
Truck Driver - 9.5 hrs @ $16 Add
Laboror - 12 hrs. @ $14 Add
Laboror - 2 hrs. @ $14 Add
December 10, 1992
Track Hoe - 3 hrs. @ $65 Add
Foreman - 8 hrs. @ $20 Add
Operator - 8 hrs. @ $18 Add
Laboror - 8 hrs. @ $14 Add
Laboror - 8 hrs. @ $14 Add
December 25, 1992
Superintendent - 6 hrs. @ $25 Add
Operator - 6 hrs. @ $18 Add
Laboror - 6 hrs. @ $14 Add
Laboror - 6 hrs. @ $14 Add
Back Hoe - 6 hrs. @ $40 Add
One Fence - Lump Sum Add $ 770.00
$ 260.00
140.00
240.00
171.00
152.00
168.00
28.00
$ 195.00
160.00
144.00
112.00
112.00
$ 150.00
108.00
84.00
84.00
240.00
French Drain - 100 1.f. @ $7
Add $ 700.00.
TOTAL ADD THIS CHANGE ORDER $4,018.00
The hourly costs shown are labor and equipment costs required to adjust individual
water and sewer service lines and to adjust the main line sewerline south of the
bridge between the existing waterlines and sewerlines to fit conditions found upon
excavation of the new sewer ditch which were not and could not be anticipated by
the Contractor or Engineer based upon available information at the time of bidding.
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SPECIFICATIONS
FOR
SEWER REHABILITATION AND RECONSTRUCTION
For Hall Ave., Olive Ave., S. College Ave.,
and Church Street
Fayetteville, Arkansas
Job 491-190
NORTHWEST ENGINEERS, INC.
524 W. Sycamore
Fayetteville, Arkansas
March 1992
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ADVERTISEMENT FOR BIDS
BID NO. 92-12
Notice is hereby given that sealed bids will be received
by the City of Fayetteville Purchasing Office until 11:00
A.M. on the 13th day of April , 1992, for furnishing
all tools, materials, and labor and performing the necessary
work for the sewer rehabilitation and reconstrudtion for
portions of Hall Ave., Olive Ave., South College Ave., and
Church Street in the city of Fayetteville, Arkansas.
The work involved consists of the installation or re-
placement of approximately 1800 linear feet of 8" PVC sewer
main, 675 linear feet of 4" PVC sewer service lines, the
construction of 4 manholes, 950 square yards of street pave-
ment repair due to the sewer construction work, and miscella-
neous items which are incidental to the construction of the
project.
All work, material, and construction shall be in accor-
dance with the plana and specifications. Said plans and
specifications are on file in the office of Northwest Engi-
neers, Inc. at 524 west Sycamore Street in Fayetteville,
Arkansas. These documents may be obtained from the office of
Northwest Engineers upon the payment of $50.00 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
1008 performance bond will be required to be posted with the
City within 10 days after the date of bid award.
Bids must
tatned in this
not be removed
All bids shall
be made upon the official proposal sheets con -
specification and such proposal sheets shall
from the remainder of the contract documents.
be sealed and the envelopes addressed to:
Purchasing Manager
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
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I 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
'marked on the outside of the bid envelope that it is a bid
for sewer rehabilitation and reconstruction for Hall, Olive,
South College, and Church 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. Also, the information on the outside of the envelope
shall contain the time and date for the opening of bids. The
I 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 111. City Administration Building, 113 West Mountain
Street.
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Purchas,ng Manager
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To Northwest Ark. Tures:
Please publish on 3-30-92 & 4-6-92
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INFORMATION FOR BIDDERS
SEWER REHABILITATION AND RECONSTRUCTION
For Iia.] Ave., Olive Ave., S. College Ave.,
and Church Street
Fayetteville, Arkansas
March 1992
1. Instructions to Bidders:
The City of Fayetteville (hereinafter called the
Owner) is requesting dibs for work on the above caption-
ed sewer 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 Admini$tration Building, at 113 west
Mountain Street, Room 3047, until 10:00 A.M. on the
day of 4,001AA._ , 1992. All bids will be clearly hark-
ed on the outside of the bid envelope that :t is a bid
for Sewer Rehabilitation and Reconstruction for Hall
Ave., Olive Ave., S. College Ave., and Church Street.
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 accompa-
nied 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. Estimated Quantities:
The Engineer's estimate of quantities is approxi-
mate 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 proposed work. The quantities, at the unit
and lump sum 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 bidder
for the purpose of awarding the contract, and will be
used as a basis for fixing the amount of the required
bond.
4. Completion of Bidding Forms:
The bidders must state a unit price for each item
as shown on the proposal schedule. The price must be
stated in figures and in words on the blanks provided
for on the schedule and must be clear, legible, and in
ink. Unit prices shall include amounts sufficient for
the furnishing of all labor, materials, too's, and
equipment in order to construct and completely finish
all of the work as called for in the Specifications and
as shown on the Plans.
The proposal schedule has been separated into four
different sections, (1 through 4), for clarity. This
project is composed of one contract only which includes
Sections 1, 2, 3 and 4 as a single project.
5. 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 he rejected at
the discretion of the Owner.
6 qualifications of Bidders:
=f 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.
7. Subcontractor:
The Contractor must obtain written approval from
the Cwner before assigning or subletting all or any part
of this contract. The Contractor shall not allow an
approved subcontractor to commence work until he has
provided and obtained approval of such compensation and
public liability insurance as may be required. The
approval of each subcontract by the Owner will not
release the Contractor from any of his obligations set
out in the plans, specifications, contract, and bonds.
8. Contract Time:
The number of working days for completion of the
work under this Contract (for Sections 1 through 4)
shall be 60 working days.
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CONTRACT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
THIS AGREEMENT made and entered into on this s -
day of , 1992, by and between the City of Fayette-
ville, Ark nsas, hereinafter called the OWNER, and J.D.
Sweetser, nc., hereinafter called the CONTRACTOR.
WITNESSETH: That Whereas, the OWNER has called for bids
for sewer rehabilitation and reconstruction in a certain area
of Fayetteville, Arkansas as set out in these Plans and Spec-
fications 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 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 60 working
days thereafter. The CONTRACTOR also agrees to pay as liqui-
dated damages the sum of S100.00 for each consecutive calen-
dar 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 liqui-
dated damages are not paid to the OWNER within 10 days of de-
mand 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.
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 he 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 have hereto
set their hands and seals, respectively.
14,1)%)I
W TNESS
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AnOr agtOm64‘Y
WITNESS
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By:
Title:
By:
Title:
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)57,05 rsa7—
City of Fayetteville
OWNFiR
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PRCPOSAL
FOR SEWER REHABILITATTCN AND RECONSTRUCTION
For Hal: Ave., Clive Ave., S. College Ave.,
and Church Street
Fayetteville, Arkansas
March 1992
TO: Purchasing Officer
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
The undersigned,
states that he has carefully examined the plans, profiles,
and specifications on file in the office of Northwest Engi-
neers, 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
w ith the full knowledge of the difficulties and conditions
that may be encountered, work to be done, equipment and mate-
✓ ials 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 con-
tract 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 hereby agrees to commence work under this con-
tract on or before a date to be specified in written "Notice
to "Proceed" of the Owner and to fully complete the project
within 60 working days thereafter as stipulated in the speci-
fications. Bidder further agrees to pay as liquidated dam-
ages, the sum of $100.00 for each consecutive working day
thereafter as hereinafter provided :n Paragraph 19 of the
General Conditions.
* Bidder acknowledges receipt of the following addendum:
* Insert Addendum number(sl or the work "None" as applicable.
By:
Contractor
Bidder agrees to perform all the construction work described
in the Specifications and shown on the Plans for the following
unit and lump sum prices:
ITEM
NO.
ITEM
SECTION 1: HALL AVENUE
1 8" PVC Sewer Main
Twenty -Two Dollars/LF
(WORDS)
2 4" PVC Service Line
Twelve Dollars/LF
(WORDS)
3 8" x 4" Service Wyes
Fifty Dollars/EA
(WORDS)
4 Connect to Exist. Manholes
Two Hundred Dollars/EA
(WORDS)
5 SB -2 Base Backfill
Twelve Dollars/CY
(WORDS)
6 Rock Excavation
Cne Hundred Dollars/CY
(WORDS)
7 Street Pavement Repair
Twenty -Eight Dollars/SY
(WORDS)
EST. UNIT EXTENDED
QUANT. PRICE
1,250 LF $ 22.00/LF $27,500.00
250 LF $ 12.00/LF $ 3,000.00
16 EA $ 50.00/EA $ 800.00
5 EA $ 200.00/EA $ 1,000.00
850 CY $ 12.00/CY $10,200.00
10 CY $ 100.00/CY $ 1,000.00
710 SY $ 28.00/SY $19,880.00
SUBTOTAL (SECTION 1): $63,380.00
Sixty -Three Thousand Three Hundred Eighty Dollars
(WORDS)
SECTION 2: OLIVE AVENUE
ITEM !TEM EST. UNIT EXTENDED
NO. QUANT. PRICE
1 8" PVC Sewer Main355 LF $ 23.40/LF $ 8,307.00
Twenty -Three Dollars and Forty Cents/LF
(WORDS)
2 4" PVC Service Line 60 LF $ 12.00/LF $ 720.00
Twelve Dollars/LF
(WORDS)
3 Std. Manholes (4'-8') 1 EA $1000.00/EA $ 1,000.00
One Thousand Dollars/EA
(WORDS)
4 Shallow Manhole 2 EA $ 900.00/EA $ 1,800.00
Nine Hundred Dollars/EA
(WORDS)
5 Connect to Exist. Manhole 1 EA $ 200.00/EA $ 200.00
Two Hundred Dollars/EA
(WORDS)
6 Install 4" Cleanouts 2 EA $ 50.00/F.A $ 100.00
Fifty Dollars/EA
(WORDS)
7 Concrete Encasement 50 LF $ 10.00/LF $ 500.00
Ten Dollars/LF
(WORDS)
8 SB -2 Base Backfill 50 CY S 12.00/CY $ 600.00
Twelve Dollars/CY
(WORDS)
9 Rock Excavation 35 CY $ 100.00/CY $ 3,500.00
One Hundred Dollars/CY
(WORDS)
ITEM
NO.
10
ITEM
Street Pavement Repair
Twenty -Eight Dollars/SY
(WORDS)
EST.
QUANT.
UNIT
PRICE
EXTENDED
40 SY $ 28.00/SY $ 1,120.00
SUBTOTAL (SECTION 21: $17,847.00
Seventeen Thousand Eight Hundred Forty -Seven Dollars
(WORDS)
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1 SECTION 3: SOUTH COLLEGE AVENUE
I ITEM ITEM EST.UNIT EXTENDED
NO. QUANT. PRICE
' 1 8" PVC Sewer Main 220 LF $ 22.00/LF S 4,840.00
Twenty -Two Dollars/LF
I(WORDS)
2 4" PVC Service Line 115 LF $ 12.00/LF S 1,380.00
I Twelve Dollars/LF
(WORDS)
I3 Std. Manholes (4'-8') 1 EA $1000.00/EA $ 1,000.00
One Thousand Dollars/EA
(WORDS)
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4 Connect to Exist. Manhole 1 EA $ 200.00/EA S 200.00
Two Hundred Dollars/EA
(WORDS)
I5 8" x 4" Service Wyes 5 EA S 50.00/EA S 250.00
Fifty_Dollars/EA
(WORDS)1 '-
E SR -2 Rase Backfill 200 CY $ 12.00/CY $ 2,400.00
1
Twelve Dollars/CY
(WORDS)
7 Rock Excavation 10 CY $ 100.00/CY $1,000.00
'
One Hundred Dollars/CY
(WORDS)
1 8 Sidewalk Repair 125 SF S 2.00/SF $ 250.00
' Two Dollars/SF
(WORDS)
9 Gravel Driveway Repair 1 EA S 200.00/EA S 200.00
ITwo hundred Dollars/EA
(WORDS)
ITEM
NO.
ITEM
EST.
QUANT.
UNIT
PRICE
EXTENDED
10 Concrete Driveway Repair 15 SY $ 30.00/SY $ 450.00
Thirty Dollars/SY
(WORDS)
11 Street Pavement Repair 180 SY $ 28.00/SY $ 5,040.00
Twenty -Eight Dollars/SY
(WORDS)
Seventeen Thousand and Ten Dollars
SUBTOTAL (SECTION 31: $17,010.00
(WORDS)
ITEM
NO.
ITEM
SECTION 4: CHURCH STREET
EST.
QUANT.
UNIT
PRICE
EXTENDED
1 6" X 4" Service Taps 3 EA $ 500.00/EA $ I,500.00
Five Hundred Dollars/EA
(WORDS)
2 4" PVC Service Line 250 LF $ 15.00/LF $3,750.00
Fifteen Dollars/LF
(WORDS)
3 4" Cleanouts
Fifty Dollars/EA
(WORDS)
4 SB -2 Base Backfill
Twelve Dollars/CY
(WORDS)
5 EA $ 50.00/EA $ 250.00
30 CY $ 12.00/CY $ 360.00
5 Rock Excavation 5 CY $ 100.00/CY $ 500.00
One Hundred Dollars/CY
(WORDS)
6 Sidewalk Repair 60 SF $ 2.00/SF $ 120.00
Two Dollars/SF
(WORDS)
7 Gravel Driveway Repair 2 EA $ 200.00/EA $ 400.00
Two Hundred Dollars/EA
(WORDS)
8 Street Pavement Repair 45 SY $ 12.00/SY $ 540.00
Twelve Dollars/SY
(WORDS)
SUBTOTAL (SECTION 4): $__7,420.00
Seven Thousand Four Hundred Twenty Dollars
(WORDS)
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SUBTOTALS:
SECTION 1 (HALL AVENUE)
SECTION 2 (OLIVE AVENUE)
SECTION 3 (S. COLLEGE)
SECTION 4 (CHURCH STREET)
TOTAL (SUCTIONS 1-4)
s 63,380
s /1,8`17
$ 11,010
$ 7t4a0—
s 105, &s7`-'
C►VG IWr464sk C,06-- t'&ou9 *JA 8 )M kvtiidwd
(WORDS)
Respectf lly Subm t
By:
( TLE)
Arkansas License No.
7/ 08 7
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Abstrote
(SEAL - if bid is by a corporation)
SEoesal
/Dollars
�.... q _ ...i ��.p, . _
8 v m v •%). >+ .. _._ M _ 1.414.
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lei
'i UNITED STATES FIDELI ` .a ny UARANTY COMPANY
(A Stock Company)
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
We...JcrrY. ?. Swee.tSCr r..Tnc... .. .. ... .. .. . .. .. ... ...... ... ... .. ... ... .
................. ..
as Pr ncipa'. hereinafter caller Principal, and UNITED STA -ES FIDE_ -Y AND GUARANTY COMPANY, a
coroporation organizer and existing under the aws o' tie Slate of Marylanc and author zed to do ousrress
in tie State cI Arkansas as Suroy hereinafter ca led Surety. are he d and firmly bound unto ..
City cf-ayetevil... e
as Obligee hereinafter called Owner. n :he amount of .one hundred „f Avg,tnousand.six
,hundred a..nd fifty-seven and 00/100.
Dollars ($ 105,657.OJ . ), fcr the payment whereof Principal and Surely b nd themseves. their hers,
personal representatives. successors and assigns, )o ntly and severally. firm y by these presents.
Principal has by written agreement dated .... entered into a contract
with Owner for furnishing all materials and labor for sewer rehab:litat:on and re-
construction, Hall Avenue, Olive Avenue, South College Avenue and Church Street,
Fayetteville, Arkansas, in accordance with plans and specifications by North-
west Engineers
which contract is by reference made a part hereof. and s
hereinafter re`erred to as the Contract
THE CONDITION OF THIS OBLIGATION is such that .1 the Principal sha I'atttully person the Cortract
cn his pari and snail sully indcmn ty and save harmless :he Owner from a I cost and damage witch ne -nay
surfer by reason o' lailure so :o do and shall fully reimburse and repay the Owner all outlay and expense
which the Owner may incur it mak ng good any such celau'I. and. further. that is the Pr ncipa sha I pay all
persors all indebtedness for labor or materia s'urnished or performed under said Contract. fa I ng which such
persors shal have a direct right of action against the Pr ncipa and Surety. )oirtIy and several y. under th s
obligation. sub,ec: to the Owner's priority, then this obligation shal be null arc void; otherwise i: shall remain
in full force and effect.
No su 1. action or proceeding sha I be brought or this bord outside the Slate of Arkarsas No suit. action
or proceeding shall be brought on this bond except by the Owner. unless 1 s brought in accordance with
A.C.A. Section 22-9-403 (b) and A C.A. Section ' 8-44-503 (b) (Supp. 1987) as amenced. No suit. aclior or
proceeding shall be brought by the Owner after twc years from the date on wh cn firal payment under the
Contract sails due.
Any ateratiors which may be made in the terms of :he Contract or in the work to be done under t, or
the giving by tie Owner of any extension of time for tie performance of the Cortract or any other forberance
on the par of either the Owner or the Pr ncipa to the other shal not r ary way release the Principal and
the Surety or Sureties, or either or any of them. their heirs, persona representatives, successors or assigns
from their I ability hereunder. not ce tc the Surety or Suet es of any such alteration. exters on or forbearance
being hereby waiver. .
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In no even: shall the aggregate liabr ity of the Suety exceed the sum set out hereir.
Executed on this .. ..) 3th ... cay o'... MAY
Rs:7 4
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CcnI-ad 158 (A-Mansas1 (11-89)
Principal
i'resident
UNITED STATES FIDELITY AND QUARANTY COMPANY
✓. ▪ (( Surety
Hobert M. Bay' a Attorney-in-fact .
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COPY OF RESOLUTION
Thal W Meas, h ie aeeemarr fa the e!eetoa: transaction of bovinely chat this Company appoint "penis and simmers Mill power
and autbonty to act fur it and in its zone M States other thea Mary:enc. and in the Territories of the United Stains and in :he Prar..nces
and termories of Canada:
T/oere%re. be It Resolves, that ibis Company do. and is hereby does, authorize and empower it. President or ether of its Vice.
Presidents in conjunction with its Secretary � see of its Aims:ant Secretanes. under its corporate aesL to appoint any person or persona
as attorney or attoeneys-m4fact, or agent or agents of said Compsay. a' it. none and a its act. to execute mud deliver any and all contracts
guaranteeing the fidelity of persons holding positions of public or private trust. guaranteeing the performances of cantrams other than
insurance policies and ezewtmg or guamteeing bands and undertakings, required or permitted in all orations er preiaedinga, or by ]aw
allowed, and
Alas, in its name and al its Mersey or attorneys -in -fact. cr agent or agents tr untrue and minute the condinoo. o! any and at
bonds. recognizance', ob:igatioas. repulsions. unaenakiag• or anything in the nusrr of either of the same. which ars or may by law,
manicipal or otherwise, or by any Statute or the United Stun or of any State or Territory of the United Stater or of :rue PRnvincn er
territories of Canada, or by the rules. regulatima order. customs. practice or discretion of any board. body. orpaisation. rare or of.cer.
IoaL municipal or otherwise. he allowed, nquind a permitted to be executed. made. taken. given. tendered. accepted hied or rerordee
for the .seamy er protection of. by or for any person or persons. corporation. boa), offer, inierer_ municipality or other neoeiuian or
organization whatsoever, in any and all capacities whatsoever. conditioned for the acing or nes doing of anything or any conditions whirl,
may be prcvidec for in any Inch bond. recognisance, obligation. stipulation, or undertaking. or anything in the nature of either of the rami.
Janes M. Carroll , an Amrsant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY. do hereby certify that the foregoing is a hill. true and correct copy of the original power of attorney given
by said Company to ROSIEt M. Davis
o+,
Fayetteville, Ar sas, authorising and empowering him to sign bonds as therein se:
forth. which power of attorney has never been revoked and is still m fill force and effect.
And I do further certify that said Power of Attorney was green in pursuance of a resolution adopted st a regmier meeting of for
Board of Directory of said Company, duly aced and held u the office of the Company it the Gey of &htmore. on the 25th day of
November. 1981. at which meeting a guarani of the Board of Threw. was present and that the foregoing is a trt* and correct copy of said
respaction. and the whole thereof as recorded in the mina es cf raid meeting
in Testimony Whereof. I base hereunto se my hand dna the sea: of the CN:':ED STATES FIDELr n AND GUARANTY
COMPA.11 on April 26, 1992.
(Date)
Assistant Secretary.
! at Ll t to
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1 MM.. CERTIFICATE OF INSURANCE
PRODUCER
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Eason a Co., Inc.
P.O. Bos 4217
Fayetteville, AB 72702
INSURED
Jerry D. SNeetser, loc.
I590 N. Poplar
Fayetteville, AB 72703
'COVERAGES
THIS IS TO CEPTIF`I THAT THE POLICIES OF INSJPANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMLD ABOVE FOR THE POLICY PE ROOD
NDICATED, NOTWITHSTANDING ANY REOLIRFMFNT. TERM OR CONDITION OF ANY CONTRACT OR 0 -HER DOCUME41 W TH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL.. THE 1ERMS,
EXCLUSIONS MID CONDI-IONS CF SUCH P01 ICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
ISSUE DATE ;Mw7DIYYl
5/13/92
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANY A
1 ETTFR
COMPANY s
LEI IEN
COMPANY C
LEI 1ER
COMPANY D
LEITER
COMPANY E
LET'ER
COMPANIES AFFORDING COVERAGE
USF&G
IO
LTR
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TYPE OF INSURANCE
GENERAL LIABILITY
x COMMERCIAL GENERAL LIABILITY
CLAIMS MADE x OCCUR
OWNER S a CONTRACTOR'S PROT
POLICY RUNNER
1CP30001039201
AUTOMOBILE LIABILITY
X ANY AUTO 1CP30001039201
ALL OWNED AUTOS
SCHEDULED AUTOS
x HIRED AUTOS
x NCA -OWNED AUTOS
GARAGE L ABILITY
EXCESS UABIUTY
x UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS LIABILITY
OTHER
POLICY EFFECTIVE POLICY EXPIRATION
DATE DAWDOIYY) DATE (MMIDOIYY)
10/30/91 10/30/92
10/30/91
1CP30001039201 10/30/91
3902052917 10/30/91
/ESCRIPTION OF OPERATIQNNLOCATIOMSIVEICLESISPECIAL ITEMS
1
CERTIFICATE HOLDER
1 City of Fayetteville
1.13 N. Maintain St.
Fayetteville, AR 72701
1
LORD 21•S (710)
CANCELLATION
10/30/92
10/30/92
10/30/92
UNITS
GENERAL AGGREGATE
PNODuC'SCOMP'OP A313
PERSONAL ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE ;Any ane An;
S
S
S
S
S
MED EXPENSE (A-ry ono Person' S
COMBINED 9 NGLE
LIMIT
BODILY INJURY
(Pee Penn)
BODILY INJURY
(Pr =Wvq
S
S
S
PROPERTY DAMAGE S
EACH OCCURRENCE
MIGREGAIE
STATUTORY L MITS
EACH ACCIDENT
DISEASE—POLICY LIM
DISEASE -EACH EMPLOYEE
2.000,000
1,000,000
1,000,000
50,000
5,000
1,000,000
B 2,000,000
S 2,000,000
A 100,000
$ 500,000
B 100,000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY Wll. ENDEAVOR TO
MA•L _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEI 1 BUT FAIT URF TO MAIL SUCH NOTICE SHALL IMPOSE NO O8L CATION OR
1 IABI. ITV OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
Bob Davie
cACORD CORPORATION Ino
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GENERAL CCNDITIONS
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
a. 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
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36. Use of Premises and Removal of Debris
37. Quantities of Estimate
38. Lands and Riyhts-of-Way
39. General Guaranty
40. Ccnflictiny Conditions
4:. Notice and Service Thereof
42. Required Provisions Deemed Inserted
43. Other Prohibited Interests
44. Suspension of Work
45. Fiyured Di:"ensions
46. Diverting and Blocking Traffic
47. Danyer Signals and Safety Devices
48. Privileges of Contractor in Streets
49. waterways
50. Location of Facilities
5:. 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 :n this Contract are respectively
defined as follows:
(a) "Owner": City of Fayetteville, also referred to as
City."
Ib) "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 agreement
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 spall mean the firm of Northwest
Enyineers, Inc., who have been employed by the Owner for
this work, or their duly authorized agents, such ayents
acting severally witnin 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.
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3. Additional Instructions and Detail Drawings
The Contractor will be furnished additional instructions and
detail drawings as necessary to carry out the work included ir. 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 ir.
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 cf Specifications and Plans; so that any work
exhibited in one and not the other, shat: 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.
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6. Contractor's Title to Materials
No materials or supplies for the work shall be purchased by
the Contractor cr 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 inspecticn 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.
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(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 witn 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 fcr 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 wcrk to the satisfaction of the Engineer and the Owner.
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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
sc 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 tines safely guard and protect his own work, and that
of adjacent property from damage. The Contractor shall replace or
make good any such damage, less 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 ar. inspector. NO CONCRETE SHALL BE
PLACED UNLESS AN INSPECTOR IS PRESENT. NC 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 Contractcr'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.