HomeMy WebLinkAbout148-01 RESOLUTION• •
RESOLUTION NO. 148-01
A RESOLUTION TO APPROVE A CONTRACT WITH
JOHN P. MARINONI CONSTRUCTION IN THE
AMOUNT OF $174,716.00 PLUS A 10% CONTINGENCY
OF $17,470.00 TO RENOVATE THE WILSON PARK TENNIS
COURTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves the contract with John P. Marinoni Construction in the amount
of $174,716.00 plus a ten percent (10%) contingency of $17,470.00 to renovate the
Wilson Park tennis courts.
PASSED and APPROVED this the CF day of November, 2001.
rp
h\
AtF S�I'Si "�
By: ela S�
eather Woodruff, City Cl Seel
APPROVED:
By
•
NAME OF FILE:
CROSS REFERENCE:
Resolution No. 148-01
11.06/01
Resolution No. 148-01
11/06/01
Contract with John P. Marinoni Construction Co., Inc.
10/19/01
Memo to Mayor Coody & City Council thru Hugh Earnest, Urban Dev.
Director, from Connie Edmonston, Parks & Recreation
09/06/01
Bidders List
09/06/01
Bid Tabulation
11/06/01
Staff Review Form
11/09/01
Memo to Connie Edmonston, Parks & Recreation, from Heather
Woodruff, City Clerk
01/08/02
Change Order No. 1
01/02/02
Letter to James with McClelland Engineers from Stephen Smith,
Marinom Construction Company, Inc.
01/10/01
Memo to Hugh Eamest, Urban Dev. Director, from Connie Edmonston,
Parks & Recreation, regarding Wilson Park Tennis Court Project Change
Order #1
01/14/02
Staff Review Form
03/25/02
Memo to Hugh Earnest, Urban Dev. Director, from Connie Edmonston,
Parks & Recreation Superintendent
03/22/02
Letter to Connie Edmonston, Parks & Recreation Department, from
James F. Koch, Project Engineer, McClelland Consulting, Engineers,
Inc
03/21/02
Fax Cover to McClelland Consulting Eng. From Marinoni Construction
03/26/02
Staff Review Form
04/02/02
Memo to Connie Edmonston, Parks & Recreation, from Heather
Woodruff, City Clerk
NOTES:
03/10/1594 21:43
'
5012511319
•
MARINONI CONST
MARINONI CONSTRUCTION COMPANY, INC.
PAGE 01
STEPHEN SMITH
PRESIDENT
1142 NORTH FUTRALL DRIVE
FAYETTEVILLE, AR 72701
October 2, 2001
City Council Members, Mayor
City of Fayetteville
Fax Number: 575-8257
Re. Walker and Wilson Park
Tennis and Basketball Courts
Dear Council Member/Mayor,
Telephone 501-261-1316
Fax 501-261.1319
I understand that City forces are being considered to construct the project above. The
City solicited bids from contractors last month and Marinoni was given documentation
after the bidding that informed us an award to be the contractor would be forthcoming. I
signed copies of the 'Notice of Award" and the "Contract" that were generated by the
City's consultant and returned the City's copy to the Parks and Recreation Dept. To date,
I have not received the fully executed contracts.
I appreciate the efforts of the City to be responsible stewards of taxpayer's money. I
certainly am proud to have city officials that are scrupulous with my money and all of the
City's residents that pay taxes to help this city thrive.
A general contractor is needed for many reasons. I want to list some below for your
reference when making the decision to hire us or use City forces.
1) We dedicate personnel and supervision to each project with a full team of office support
with undivided effort to get this project finished on time and in a professional workmanlike
manner. A full time management team will be required in the field and office for the entire
three month construction of this project.
2) We insure this project with bonding that guarantees it will be finished per prints and
specification.
3) The orchestration of subs is a difficult job. Professional job supervisors play an
important role in making sure the schedule is adhered to and that subs perform per
specification. If not handled correctly, the job will take several months longer to
complete, thus disrupting the residents who use the parks.
Kl 03/10/1334 21:43 5012511319 MARINONI CONST PAGE 02
• •
4) This project was estimated by the City's consultant, McClelland Engineers, at $260,000.
The City budgeted $290,000 in certified funds to undertake the project. Our accepted bid
is in the amount of $271,000. Our bid is not out of line with the City's consulting engineer
or the City's certified funds.
5) If I am not mistaken, the City (as general contractor) will be legally required to
advertise for solicitation of bids for each subcontractor category. This process will
severely delay the project from getting started anytime in the near future. If contracted,
the project will be ready in three months from our notice to proceed
6) The actual costs of the project may never be determined if the City decides to be the
general contractor. A City project management team, office support and field supervisor
will be required to dedicate at least three months at a cost to the taxpayer. Many other
costs such as exposure to insurance claims can possibly harm the taxpayer. Worker's
Compensation claims can ultimately cost the taxpayer. The cost of soliciting bids from
local contractors in the future may rise if there is confusion on whether the City may
contract themselves.
The above points are not in any order, but please use them when making the right decision
on this project. There is a need for a general contractor for this project. Hopefully, I have
helped you in this process of being responsible stewards of our money.
Smcerely,
Stephen L. Smith
President
03/10/1394 23:03
•
5012511319
•
MtEcoNsu
TING
ENGINEERS, INC.
L or>,Lveo rn 1!R✓!
MARINO
I CONST
•
PAGE 01
PO. Box 1229
Fayetteville. Arkansas 72702.122'/
--„,..2120-71-2.1C,,:/""\
FAX 501-4-11-9241
/
September 12, 2001
Mr. Steve Smith, Pres.
John P. Marinoni Const. Co., Inc.
1142 N. Futrell Dr.
Fayetteville, AR 72703
Re: Tennis & Basketball Courts
Fayetteville, Arkansas
Dear Mr. Smith:
The City of Fayetteville has accepted your Bid and is awarding this project to your
Company based on your Total Base Bid less Deductive Alternates Nos. 1 & 2 in the
amount of $271,442 30
We are enclosing copies of Contract, Performance Bonds, Payments Bonds, and Project
Manual which Includes the Insurance requirements for the above referenced project.
Please provide three (3) executed copies of the Contract by September 13, 2001. These
copies need to given to the City for the City Council meeting on October 2, 2001.
Please provide us with all remaining executed copies of these documents and your
Insurance Certificate at the earliest date possible. We will forward these documents to the
Owner for execution. A pre -construction conference will be set upon the retum of these
documents.
If there are any questions, please contact us.
Sincerely,
Mc ELLAND QpNSULTING ENGINEERS, INC.
Enclosures:
t
s` P.E.
Contract (5 copies)
Performance Bond (6 copies)
Payment Bond (6 copies)
Project Manual
.i 2001t121WC rrepvdwoWmnnoeJ-o12wd
Fcs /yf-o/
A).2- 0.1
City of Fayetteville
Tennis & Basketball Courts
Resurfacing Project
For
Walker Park & Wilson Park
PROJECT NO. FY012109
JUNE, 2001
Prepared By:
ArdiceisIgnocve
McClelland Consulting Engineers, Inc.
1810 North College, P.O. Box 1229
Fayetteville, Arkansas 72702-1229
(501) 443-2377
0s%„i1Tf fff,,,,,,
t A •E Op',,, ,
•
S 4McCLEI1AND
V CONSULTING
•
ENGINEERS, Inc.
a4.7% po.24 :cma
�• 94;SAS ENS'
SIGNATURE ON FILE
7--/O-01
0
TABLE OF CONTENTS
(FY002109)
PART/SECTION N2 SUBJECT PAGE N2
PART I BIDDING REOUIREMENTS
00030 Advertisement for Bids 1-2
00100 Instructions to Bidder 1-7
00200 Information Available to Bidders 1-18
00300 Bid Form 1-11
00350 Bid Bond 1-2
00360 Notice of Award 1
PART II CONTRACT FORMS
00500 Contract 1-3
00550 Notice to Proceed 1
00600-1 Performance Bond 1-2
00600-2 Payment Bond 1-2
PART III CONDITIONS OF THE CONTRACT
00700 General Conditions 1-35
00800 Supplementary Conditions 1-3
PART IV SPECIFICATIONS
DIVISION 1 GENERAL REQUIREMENTS
01009 Summary of Work 1-3
01025 Measurements & Payment 1-7
01030 Alternates 1
01070 Cutting and Patching 1-3
01090 Reference/Standards 1-17
01300 Submittals During Construction 1-6
01400 Quality Control 1-3
01500 Temporary Construction Facilities and Utilities 1-3
01600 Material and Equipment Shipment,
Handling, Storage, and Protection 1-3
01700 Contract Closeout 1-2
DIVISION 2 SITE WORK
02050 Demolition 1-4
02100 Site Preparation 1-3
02200 Earthwork, Trench Excavation & Backfill 1-9
02500 Asphalt & Gravel Surfacing 1-3
02800 Chain Link Fence & Gates 1-5
02900 Landscaping 1-3
TABLE OF CONTENTS
PART/SECTION N2 SUBJECT PAGE N4
DIVISION 3 CONCRETE
03300 Cast In Place Concrete 1-13
DIVISION 7 THERMAL & MOISTURE PROTECTION
07900 Joint Sealers 1-3
DIVISION 13 SPECIAL CONSTRUCTION
13500 Nova'Pro-Bounce Tennis Court 1-4
13600 Acrylic Court Surfacing System 1-3
Appendix A — OSHA Standard for Excavation & Trenches Safety Program
Appendix B — Arkansas State Licensing Law for Contractors
PART I
BIDDING REQUIREMENTS
DOCUMENT 00030
ADVERTISMENT FOR BIDS
Bids: BID NUMBER 01-45
PROJECT: City of Fayetteville Wilson Park & Walker Park Tennis & Basketball Court
Resurfacing
MCE Project No.: FY012109
McClelland Consulting Engineers, Inc.
1810 North College
P.O. Box 1229
Fayetteville, Arkansas 72701
Phone: (501) 443-2377
The City of Fayetteville will receive sealed bids for Wilson Park & Walker Park Tennis
& Basketball Court Resurfacing.
Bids shall be on a lump sum basis.
The City of Fayetteville will receive Bids until 2 00 PM local time Thursday September 6, 2001
at Room 306 — City Purchasing Office, 113 West Mountain St., Fayetteville, AR. Bids received
after this time will not be accepted Bids will be opened and publicly read aloud immediately
after specified closing time. All interested parties are invited to attend.
Bidding Documents may be examined at the offices of the Engineer and at:
ABC Plans Room
c/o Southern Reprographics
2905 Point Circle
Fayetteville, AR 72704
F.W. Dodge Reports
5100 East Skelly
Suite 1010
Tulsa, OK 74135
Construction Market Data
P.O. Box 1109 (72203)
1501 N. Pierce, Suite 101
Little Rock, AR 72207
Copies of the Bidding documents may be obtained at the Engineer's office in accordance with the
Instructions to Bidders upon paying the sum of $75.00 for each set of documents. Return of
documents is not required, and amount paid for documents is not refundable. Partial sets are not
available.
Each Bid must be submitted on the prescribed form and accompanied by a certified check of bid
bond executed on the prescribed form, in an amount not less than 5 percent of the amount bid.
For information concerning the proposed work, contact Mr. James F. Koch, E.I. or Mr. R.
Wayne Jones, P E at McClelland Consulting Engineers Fayetteville office.
FY012109 Fayetteville Tennis / Basketball Courts Section 00030- 1
The attention of the Bidder is directed to the applicable federal and state requirements and
conditions of employment to be observed and minimum wage rates to be paid under this
Contract.
"Pursuant to Arkansas Cod Annotated §22-9-203 Arkansas State Building Services encourages
all qualified small, minority and women business enterprises to bid on and receive contracts for
goods, services, and construction. Also, Arkansas State Building Services encourages all general
contractors to subcontract portions of their contract to qualified small, minority and women
business enterprises."
The Owner reserves the right to waive irregularities and to reject bids and to postpone the award
of the Contract for a period of time which shall not exceed beyond 90 days from the bid opening
date.
By:
Peggy Vice
Publication:
Bid #: BID NUMBER 01-45
FY012109 Fayetteville Tennis / Basketball Courts Section 00030-2
DOCUMENT 00100
INSTRUCTIONS TO BIDDERS
PARAGRAPH NO./TITLE PAGE NO.
1. FORMAT 1
2. SPECIFICATION LANGUAGE 1
3. 1
4. 1
5. 1
6.
7.
8.
9. TRENCH AND EXCAVATION SAFETY SYSTEM
10. ALTERNATES
11. PREPARATION OF BIDS
12. STATE AND LOCAL SALES AND USE TAXES
13. SUBMISSION OF BIDS
14. TELEGRAPHIC OR WRITTEN MODIFICATION OF BID
15. WITHDRAWAL OF BID
16. BID SECURITY
17. RETURN OF BID SECURITY
18. AWARD OF CONTRACT
19. BASIS OF AWARD
20. EXECUTION OF CONTRACT 5
21. PERFORMANCE AND PAYMENT BONDS 5
22. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND 6
23. PERFORMANCE OF WORK BY CONTRACTOR 6
24. TIME OF COMPLETION 6
25. PROVIDING REQUIRED INSURANCE 6
GENERAL DESCRIPTION OF THE PROJECT
QUALIFICATION OF CONTRACTORS
DOCUMENT INTERPRETATION
BIDDER'S UNDERSTANDING
PROJECT MANUAL AND DRAWINGS
TYPE OF BID
2
2
2
3
3
3
3
3
4
4
4
4
5
5
FY012109 Fayetteville Tennis / Basketball Courts
DOCUMENT 00100
INSTRUCTIONS TO BIDDERS
1. FORMAT
The Contract Documents are divided into Parts, Divisions, and Sections in keeping with
accepted industry practice in order to separate categories of subject matter for convenient
reference thereto. Generally, there has been no attempt to divide the Specification Sections
into work performed by the various building trades, work by separate subcontractors, or work
required for separate facilities in the Project.
2. SPECIFICATION LANGUAGE
"Command" type sentences are used in Contract Documents. These refer to and are directed to
the Contractor.
3. GENERAL DESCRIPTION OF THE PROJECT
A general description of the Work to be done is contained in the ADVERTISEMENT FOR
BIDS. The scope is indicated on the accompanying Drawings and specified in applicable parts
of these Contract Documents.
4. QUALIFICATION OF CONTRACTORS
The prospective bidders must meet the statutorily prescribed requirements before Award of
Contract by the Owner.
Before a Contract will be awarded for the work contemplated herein, the Owner will conduct
such investigation as is necessary to determine the performance record and ability of the
apparent low Bidder to perform the size and type of work specified under this Contract. Upon
request, the Bidder shall submit such information as deemed necessary by the Owner to
evaluate the Bidder's qualifications.
5. DOCUMENT INTERPRETATION
The Contract Documents governing the Work proposed herein consist of the Drawings and all
material bound herewith. These Contract Documents are intended to be mutually cooperative
and to provide all details reasonably required for the execution of the proposed Work Any
person contemplating the submission of a Bid shall have thoroughly examined all of the
various parts of these Documents, and should there be any doubt as to the meaning or intent of
said Contract Documents, the Bidder should request of the Engineer, in writing (received by
the Engineer at least 5 working days prior to bid opening) an interpretation thereof.
FY012109 Fayetteville Tennis / Basketball Courts Section 00100 - 1
Any interpretation or change in said Contract Documents will be made only in writing, in the
form of Addenda to the Documents which will be furnished to all Bidders receiving a set of the
Documents. Bidders shall submit with their Bids, or indicate receipt, of all Addenda. The
Owner or Engineer will not be responsible for any other explanation or interpretations of said
Documents not issued in writing by Addendum.
6. BIDDER'S UNDERSTANDING
Each Bidder must inform himself of the conditions relating to the execution of the Work, and it
is assumed that he will inspect the site and make himself thoroughly familiar with all the
Contract Documents. Failure to do so will not relieve the successful Bidder of his obligation to
enter into a Contract and .complete the contemplated Workin strict accordance with the
Contract Documents. It shall be the Bidder's obligation to verify for himself and to his
complete satisfaction all information concerning site and subsurface conditions.
Information derived from topographic maps, or from Drawings showing location of utilities
and structures will not in any way relieve the Contractor from any risk, or from properly
examining the site and making such additional investigations as he may elect, or from properly
fulfilling all the terms of the Contract Documents.
Each. Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with,
federal, state, and local laws, statutes, and ordinances relative to the execution of the Work.
This requirementincludes; but is not limited to, applicable regulations concerning minimum
wage rates, nondiscrimination in the employment of labor, protection of public and employee
safety and health, environmental protection, the protection of natural resources, fire protection,
burning andnonburning requirements, permits, fees,: contractor's license, nonresident
contractors' notice and bond requirements, and similar subjects.
7. PROJECT MANUAL AND DRAWINGS
No return of Drawings is required and no refund will be made.
The successful bidder will be furnished three sets of Documents without charge. Any
additional copies required will be furnished to the Contractor at $60.00 per set. Partial sets will
not be available.
8. TYPE OF BID
Lump sum prices shall be submitted in the appropriate places on the Bid form The total
amount to be paid to the Contractor shall be the total amount of the lump sum price items as
adjusted based on quantities installed and/or any adjustment for additions or deletions resulting
from additive or deductive alternates or change orders during construction.
FY012109 Fayetteville Tennis / Basketball Courts Section 00100 - 2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
9. TRENCH AND EXCAVATION SAFETY SYSTEM
Not Applicable.
10. ALTERNATES
Not used.
11. PREPARATION OF BIDS
All blank spaces on the Bid Form must be filled in, preferably in BLACK ink, in both words
and figures where required. No changes shall be made in the phraseology of' the forms.
Written amounts shall govern in cases of discrepancy between the amounts stated in writing
and the amounts stated in figures. In case of discrepancy between unit prices and totals, unit
prices will prevail.
Any Bid shall be deemed informal which contains material omissions, or irregularities, or in
which any of the prices are obviously unbalanced, or which in any manner shall fail to
conform to the conditions of the published ADVERTISEMENT FOR BIDS.
Only one bid from any individual, firm, partnership, or corporation, under the same or
different names, will be considered. Should it appear to the Owner that any Bidder is
interested in more than one bid for Work contemplated, all bids in which such Bidder is
interested will be rejected. The Bidder shall sign his Bid Form on the blank space provided
therefor. If Bidder is a corporation, the legal name of the corporation shall be set forth above,
together with the signature of the officer or officers authorized to sign Contracts on behalf of
the corporation. If Bidder is a partnership or sole proprietorship, the true name of the firm
shall be set forth above, together with the signature of the sole proprietor, partner or partners
authorized to sign Contracts in behalf of the firm. If signature is by an agent, other than an
officer ofa corporation or a member of a partnership or sole proprietor, a notarized power-of-
attorney must be on file with the Owner prior to opening of bids or submitted with the Bid.
12. STATE AND LOCAL SALES AND USE TAXES
Unless the Supplementary Conditions contains a statement that the Owner is exempt from
state sales tax on materials incorporated into the Work due to the qualification of the Work
under this Contract, all state and local sales and use taxes, as required by the laws and statutes
of the state and its political subdivisions, shall be paid by the Contractor. Prices quoted in the
Bid shall include all nonexempt sales and use taxes, unless provision is made in the Bid Form
to separately itemize the tax.
FY012109 Fayetteville Tennis / Basketball Courts Section 00100 - 3
13. SUBMISSION OF BIDS
All Bids must be submitted, not later than the time prescribed, at the place, and in the manner
set forth in the ADVERTISEMENT FOR BIDS. Bids must be made on the Bid Form
provided herein. Each Bid must be submitted in a sealed envelope, so marked as to indicate
its contents without being opened, and addressed in conformance with the instructions in the
ADVERTISEMENT FOR BIDS.
14. TELEGRAPHIC OR WRITTEN MODIFICATION OF BID
Any Bidder may modify his bid by telegraphic or written communication at any time prior to
the scheduled closing time for receipt of bids, provided such communication is received by
the Owner prior to the closing time. The telegraphic or written communication should not
reveal the bid price; it shall, however, state the addition or subtraction or other modification
so that the final prices or terms will not be known by the Owner until the sealed bid is opened.
15. WITHDRAWAL OF BID
Any Bid may be withdrawn prior to the scheduled time for the opening of bids either by
telegraphic or written request, or in person. No Bid may be withdrawn after the time
scheduled for opening of Bids, unless the time specified in Item, AWARD OF CONTRACT,
of these INSTRUCTIONS TO BIDDERS shall have elapsed.
16. BID SECURITY
Bids must be accompanied by cash; a. certified check, or cashier's check drawn on a bank in
good standing, or a bid bond issued by a Surety authorized to issue such bonds in the State
where the Work is located, in the amount of 5 percent of the total amount of the Bid
submitted. This bid security shall be given as a guarantee that the Bidder will not withdraw
his Bid for a period of 90 days after bid opening, and that if awarded the Contract, the
successful Bidder will execute the attached Contract and famish properly executed
Performance and Payment Bonds, each in the full amount of the Contract price within the
time specified.
The Attorney -in -Fact (Resident Agent) who executes this bond in behalf of the Surety must
attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety
on the date of execution of the bond.
All bid bonds and Contract bonds shall be executed by a LICENSED RESIDENT AGENT
of the surety having his place of business in the STATE OF ARKANSAS and in all ways
complying with the laws of the State of Arkansas.
The mere countersigning of a bond will not be sufficient. If the Bidder elects to furnish a
Bid Bond, he shall use the Bid Bond form bound herewith, or one conforming substantially
thereto in form and content.
FY012109 Fayetteville Tennis / Basketball Courts Section 00100 - 4
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
17. RETURN OF BID SECURITY
Within 15 days after the award of the Contract, the Owner will return the bid securities to all
Bidders whose Bids are not to be further considered in awarding the Contract. Retained bid
securities will be held until the Contract has been finally executed, after which all bid
securities, other than Bidders' bonds and any guarantees which have been forfeited, will be
returned to the respective Bidders whose Bids they accompanied.
18. AWARD OF CONTRACT
Within 90 calendar days after the opening of Bids, unless otherwise stated in the
ADVERTISEMENT FOR BIDS or SUPPLEMENTARY CONDITIONS of these Documents,
the Owner will accept one of the Bids or will act in accordance with BASIS OF AWARD,
below. The acceptance of the Bid will be by written notice of award, mailed or delivered to
the office designated on the Bid Form. In the event of failure of the lowest responsible and
responsive qualified Bidder to sign and return the Contract with acceptable Performance and
Payment Bonds, as prescribed herein, the Owner may award the Contract to the next lowest
responsible and responsive qualified Bidder. Such award, if made, will be made within 90
days after the opening of Bids.
19. BASIS OF AWARD
If, at the time this Contract is to be awarded, the Total Base Bid of the lowest acceptable Bid
exceeds the funds then estimated by the Owner as available, the Owner may reject all bids or
take such other action as best serves the Owner's interests.
20. EXECUTION OF CONTRACT
The successful Bidder shall, within 15 consecutive days after receiving notice of award, sign
and deliver to the Owner the Contract hereto attached together with the acceptable bonds as
required in these Documents. Within 15 consecutive days after receiving the signed Contract
with acceptable bonds from the successful Bidder, the Owner's authorized agent will sign the
Contract. Signature by both parties constitutes execution of the Contract.
The successful bidder shall conform to the Rules and Regulations of Arkansas Department of
Finance and Administration concerning nonresident contractor's notice and bond
requirements.
21. PERFORMANCE AND PAYMENT BONDS
The successful Bidder shall file with the Owner a Performance Bond and Payment Bond on
the form bound herewith, each in the full amount of the Contract Price in accordance with the
requirements of the State of Arkansas as applicable, as security for the faithful performance of
the Contract and the payment of all persons supplying labor and materials for the construction
FY012109 Fayetteville Tennis / Basketball Courts Section 00100 - 5
of the Work, and to cover all guarantees against defective workmanship or materials, or both,
for a period of I year after the date of final acceptance of the Work by the Owner.
The Surety furnishing this bond shall have a sound financial standing and a record of service
satisfactory to the Owner, shall be authorized to do business in the State of Arkansas, and
shall be listed on the current U. S. Department of Treasury Circular Number 570, or
amendments thereto in the Federal Register, of acceptable Sureties for Federal projects.
If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent
or its right to do business is terminated in any state where any part of the project is located or
it ceases to meet the requirements of the preceding paragraph, Contractor shall within five
days thereafter substitute another Bond and Surety, both of which must be acceptable to
Owner.
The Attorney -in -Fact (Resident Agent) who executes this Performance Bond and Payment
Bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as
evidence of his authority to bind the Surety on the date of execution of the bond. All
Contracts, Performance and Payment Bonds, and respective powers -of -attorney will have the
same date.
22. FAILURE TO EXECUTE: CONTRACT AND FURNISH BOND
The Bidder who has a Contract awarded to him and who fails to properly execute the Contract
andfurnish. the. Performance Bond and Payment Bond, within the time frame stipulated
elsewhere in these documents, shall forfeit the bid security that accompanied his bid, and the
bid security shall be retained as liquidated damages by the Owner, and it is agreed that this
sum is a fair estimate of the amount of damages the Owner will sustain in case the Bidder fails
to enter into a Contract and fumish the bond as hereinbefore provided. Bid security deposited
in the form of cash, a certified check, or cashier's check shall be subject to the same
requirements as a Bid Bond.
23. PERFORMANCE OF WORK BY CONTRACTOR
The Contractor shall perform on the site and with his own organization, work equivalent to at
least forty percent of the total amount of the work to be performed under this Contract.
If, during the progress of the Work hereunder, the Contractor requests a reduction of such
percentage, and the Engineer determines that it would be to the Owner's advantage, the
percentage of the work required to be performed by the Contractor's own organization may be
reduced, PROVIDED prior written approval of such reduction is obtained by the Contractor
from the Engineer.
Each bidder must furnish with his bid a list of the items that he will perform with his own
forces and the estimated total cost of these items.
FY012109 Fayetteville Tennis / Basketball Courts Section 00100 - 6
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
24. TIME OF COMPLETION
The time of completion of the Work to be performed under this Contract is of the essence of
the Contract. Delays and extensions of time may be allowed in accordance with the
provisions stated in Document 00700 - GENERAL CONDITIONS. The time allowed for the
completion of the Work is stated in Document 00500 - Contract.
25. PROVIDING REQUIRED INSURANCE
The Bidder's attention is directed to the insurance requirements set forth in the General
Conditions (amended in the Supplementary Conditions, if appropriate). Submittal of a bid
indicates full understanding and intent to comply with the insurance requirements which are a
condition of the contract.
FY012109 Fayetteville Tennis / Basketball Courts Section 00100 - 7
DOCUMENT 00200
INFORMATION AVAILABLE TO BIDDERS
PART 1. GENERAL
1.1 SECTION INCLUDES
1. Federal Prevailing Wage Determination Number AR
PART 2. PRODUCTS
Not Used.
PART 3. EXECUTION
Not Used.
PART 4. GEOTECHNICAL BORING LOGS, Plate No. 1 thru Plate No. 12, and TESTING
RESULTS, Plate No. 13 and Plate No. 14. Document is attached and follows this
page.
FY012109 Fayetteville Tennis / Basketball Courts Section 00200 - 1