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144-06 RESOLUTION
• RESOLUTION NO. 144-06 A RESOLUTION APPROVING A CONTRACT WITH UTILITY SERVICE COMPANY, INC. IN THE AMOUNT OF $89,800.00 FOR REPAINTING THE SURGE TANK ON FITZGERALD MOUNTAIN; AND ,APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $4,490.00. 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 a contract with Utility Service Company, Inc. in the amount of $89,800.00 for repainting the surge tank on Fitzgerald Mountain. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Project Contingency in the amount of $4,490.00. PASSED and APPROVED this 5th day of September, 2006. APPROVED: ATTEST: By `�................... G\Q'iY `h• •(r`a • 0 FAYEUEVILLE; A : • s._ s'9;QKAN5.:cL. "tj;yG �ON.�Go�`` /YVIU SONDRA SMITH, City Clerk SECTION 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND UTILITY SERVICE COMPANY, INC. THIS AGREEMENT is dated as of the 5—f 4, day of St obrit RCP" in the year 20O6) by and between the CITY OF FAYETTEVILLE and UTILITY SERVICE COMPANY, INC. 1. UTILITY SERVICE COMPANY, INC. shall commence and complete all Work as specified or indicated in the Contract Documents. The WORK is generally described as follows: SURGE TANK REPAINTING • 2. UTILITY SERVICE COMPANY, INC. shall furnish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. 3. UTILITY SERVICE COMPANY, INC. shall commence the WORK required by the CONTRACT DOCUMENTS on or before a date to be specified in the NOTICE TO PROCEED and completed and ready for final payment within 90 calendar days. UTILITY SERVICE COMPANY, INC. shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of $200 for each calendar day thereafter that the WORK is not complete. 4. The UTILITY SERVICE COMPANY, INC. agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the BID PROPOSAL. The term CONTRACT DOCUMENTS shall mean and include the following: 5.1 Invitation to Bid 5.2 Information for Bidders 5.3 Supplemental Information for Bidders 5.4 Bid Proposal " 5.5 Bid Bond 5.6 Agreement Between Owner and Utility Service Company, Inc. 5.7 Performance and Payment Bond 5.10 General Conditions 5.13 Prevailing Wage Rates 5.14 Notice of Award 5.15 Notice to Proceed 5.16 Project Manual for Surge Tank Repainting Consisting of 106 pages. 5.18 Addenda Numbers N/A to N/A . 5.19 Change Orders 00500.doc - 1 The CITY OF FAYETTEVILLE shall pay UTILITY SERVICE COMPANY, INC. in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. MISCELLANEOUS • 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. City of Fayetteville and Utility Service Company, Inc. each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Utility Service Company, Inc. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act 00500.doo 2 ,.0-ciYJ IRfgS''. • (Y • 0 . .\ F .� ;per [CORPORATE S " ' FAYETTEVILLE: It .ysyi .9�KANSP � 'EST 7!Z 'GTON %%%% Li/wino %%% Address for giving notices: 113 W. Mountain Fayetteville, AR 72701 (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and UTILITY SERVICE COMPANY, INC. have signed this Agreement in quadruplicate. One counterpart each has been delivered to City of Fayetteville and Engineer, and two counterparts have been delivered to Utility Service Company, Inc. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and Utility Service Company, Inc. or identified by Engineer on their behalf. OWNER CITY OF F ETTEVILLE BY Mayor Dan Coody 00500.doc CONTRACTOR UTILITY SERVICE COMPANY, INC. BY [CORPORATE SEAL] rhv ATTEST Address for giving notices: 535 Courtney Hodges Blvd. Penn, GA 31069 License No. 0091660407 Agent for service of process: (If UTILITY SERVICE COMPANY, INC. is a corporation, attach evidence of authority to sign.) .41 . Shannon Jones Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 5 -Sep -06 City Council Meeting Date Engineering Division Action Required: Operations Department Approval of a contract with Utility Service Company, Inc., in the amount of $89,800.00, for the repainting of the surge tank located on Fitzgerald Mountain, and approve a 5% contingency of $4,490.00. • $94,290.00 Cost of this request 5400.5600.5808.00 Account Number 03018.21 Project Number Budgeted Item 01 Depa XX 962, 326.00 Category/Project Budget 308,846.00 Funds Used to Date 653,480.00 Remaining Balance Budget Adjustment Attached 36" Waterline Improvements Program Category / Project Name Water and Wastewater Program / Project Category Name Water/Sewer Fund Name nt D ector 71114, City Attorney r Finance and Internal Service Director Mayor Comments: 4 Dat§I .112 8 -z►-64, Date Date Previous Ordinance or Resolution # Original Contract Date. Original Contract Number: • City Council Meeting of September 5, 2006 CITY COUNCIL AGENDA MEMO To: Fayetteville City Council Thru: Mayor Dan Coody David Jurgens, Water & Wastewater Director Fayetteville Sewer Committee - From: Shannon Jones, Water & Wastewater Staff Engi eer stoS Date: August 16, 2006 Subject: Approval of a contract with Utility Service Company, Inc., in the amount of $89,800.00, for the repainting of the surge tank located on Fitzgeral Mountain, and approve a 5% contingency of $4,490.00. • RECOMMENDATION City Administration recommends approval of a contract with Utility Service Company, Inc., in the amount of $89,800.00, for the repainting of the surge tank located on Fitzgerald Mountain, and approve a 5% contingency of $4,490.00. BACKGROUND The City received five bids for this project, as follows: Utility Service Company, Inc. Miles Tank Works, Inc Leher Painting Enterprises, Inc TMI Coatings, Inc. Classic Protective Coatings Engineer's Estimate $ 89,800.00 (low bid) $ 96,000.00 $ 99,777.00 $ 168,400.00 $ 178,118.00 $ 100,000.00 The surge tank is located on the main transmission lines from the Beaver Water District (BWD) to the City of Fayetteville. The purpose of the tank is to relieve any surges in water pressure that may result in an abrupt shut off of the high service pumps from BWD. The surge tank was constructed in 1971, and has not been repainted since its installation. DISCUSSION Engineering Staff performed the engineering services for this project. Specifications were completed this spring and the project was advertised for construction. The bids have been reviewed by the Engineering Staff. The low bidder, Utility Service Company, Inc., has completed numerous tank repainting projects within the state to the satisfaction of the respective owners. BUDGET IMPACT Funds are available in the Fiscal Year 2006 budget for this project. SurgeTankRepaintingCCM emoAug06.doc t • RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT WITH UTILITY SERVICE COMPANY, INC. IN THE AMOUNT OF $89,800.00 FOR REPAINTING THE SURGE TANK ON FITZGERALD MOUNTAIN; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $4,490.00. 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 a contract with Utility Service Company, Inc. in the amount of $89,800.00 for repainting the surge tank on Fitzgerald Mountain. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. Section 2. That the City Council of the City of FayyeT Arkansas hereby approves a Project Contingency in the amount of $4;49! 0 PASSED and APPROVED this 15th day of Au SONDIei SMITH, City Clerk :€tThDY, Mayor Clarice Pearman - Utility Service Co. Page 11 From: Clarice Pearman To: Jones, Shannon Date: 9.6.06 1:07PM Subject: Utility Service Co Shannon, The City Council passed your item last night and upon review of the agreement is just a copy of a signed agreement. Please get a signed agreement to me to continue the processing of this item. Thanks. Clarice Clarice Buffalohead-Pearman City Clerk Division 113 West Mountain Fayetteville AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us • Finance & Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: 'o tD co V W N A (J N 3 Requester: ,..: - .. �.�. . ShannonJones m Address: u --{{ q QK /441 535 Courtney Hodges Blvd. Vendor #: 10823 City Of Fayetteville (Not a Perdu's° Order) Special Instructions: Per Bid 06-48 (/) S p' a 3 m m 0 n n Surge Tank Repainting O CD N O 9 O J O m < D o • Z Am 3 m e.0 n m.. 0 a, 3,: v .. m 0 a - o m D Unit of Issue State: GA 89,800.00 [Unit Cost 50.00 M 0 0 0 H 0 0 0 $0.00 M 0 0 0 M 0 0 0 M 0 0 0 M 0 o 0 $0.00 50.00 $89,800.00 Extended Cost 5400.5600.5808.00 Account Numbers Requesters- Employee #: 2689 Zip Code: 31069 Fob Point: Ship to code: 00'008'68$ :16101 00'0$ :sal 00'008'685 :Ie7olgn$ 03018.21 o m to Q a 'o Extension:,, DivisoHt pproval: VVl1Yl vlN— m m% N W i Q1 )m m m N _ O • C z C 3 m n Requisition No.: > m 0 it t a N g m 0 2 # Quotes Attached Yes: No: m o a C m m Q C m m ate: 811612006 1Fixed Asset # 1 1 i 1 1 1 1 1 Is 1 aye; PROJECT MANUAL SURGE TANK REPAINTING 1 1 1 1 1 1 1 0000! dog eville ARKANSAS FAYETTEVILLE, ARKANSAS PROJECT NO. 03018 MARCH, 2006 �(ff st AT �f�L /00ARKANSAS ** EGIS FE * * * * No.11053 -4CN W . 00001.doc PROJECT MANUAL SURGE TANK REPAINTING evi e ARKANSAS FAYETTEVILLE, ARKANSAS PROJECT NO. 03018 MARCH, 2006 �Sj F l 1 ARKANSAS II EGIS WI OFE • ,I No.11053 v I '0 / ...-21/470N Vi��/ 3/ 06 1 TABLE OF CONTENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION TITLE NO. OF PAGES 00001 Title Pages 2 00010 Table of Contents 2 00020 Invitation to Bid 2 00100 Information For Bidders 8 00212 Supplemental Information for Bidders 2 00310 Bid Proposal 6 00311 Bidder's Statement of Subcontractors 2 00312 Bid Bond 2 00420 Statement of Bidder's Qualifications 2 00500 Agreement Between City of Fayetteville and Contractor 4 00600 Arkansas Statutory Performance and Payment Bond 2 00640 Warranty Bond 2 00700 4 General Conditions 24 00830 Prevailing Wage Rates 6 00840 Notice of Award 2 00845 Notice to Proceed 2 00900 Description of Unit Price Schedule Items 2 01000 General Requirements and Procedures 2 01005 Water Tank Repainting 8 01010 Water Tank Disinfection 2 Appendix A - Area Map and Tank Photos 10 Appendix B — Paint Samples Analysis Results 8 Appendix C — Health Department Approval 4 00010.doc SECTION 00020 CITY OF FAYETTEVILLE NOTICE TO BIDDERS BID 06-48, Surge Tank Repainting The City of Fayetteville is accepting bids for the repainting of a surge tank. Any questions concerning the bidding process should be addressed to Andrea Foren, City of Fayetteville Buyer at aforen@ci.fayetteville.ar.us or by calling (479)575-8220. Bids must be submitted in a sealed envelope or package labeled "Bid 06-48, Surge Tank Repainting". All bids must be received on or before 2:00 PM on July 25th, 2006 to the address listed below. City of Fayetteville Andrea Foren, Buyer — Room 306 113 West Mountain Street Fayetteville, AR 72701 Bid Documents must obtained by contacting Shannon Jones at (479) 575-8206 or shjones@ci.fayetteville.ar.us Bid documents must be obtained from Shannon Jones. No bid documents will be e-mailed or posted on the website. Each bid must be submitted on the prescribed form and accompanied by a certified check or bid bond executed on the prescribed form, in an amount not less than 5 percent of the amount bid. A one hundred percent (100%) performance and payment bond is required with a contract awarded amount of $20,000.00 or more. A valid State of Arkansas Contractor's License is required for any bid exceeding $20,000.00. "Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises." ' The City of Fayetteville reserves the right to waive irregularities and to reject proposals and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety days from the bid opening date. - CITY OF FAYETTEVILLE, ARKANSAS By: Peggy Vice, Purchasing Manager 00020.doc 1 1. DEFINED TERMS 1.1 SECTION 00100 INFORMATION FOR BIDDERS Terms used in these Information for Bidders which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to City of Fayetteville, as distinct from Sub -Bidder, who submits a Bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom City of Fayetteville (on . the basis of City of Fayetteville's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" included the Advertisement or Invitation to Bid, Information for Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer. Deposit for Bidding Documents are non refundable. • 2.2 Complete sets of Bidding Documents shall be used in preparing Bids; the City of Fayetteville does not assume any responsibility for errors or misinterpretations resulting from the use of the incomplete sets of Bidding Documents. 2.3 The City of Fayetteville in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS 3.1 Each Bid must contain evidence of Bidder's qualifications to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. 3.2 Qualifications shall be submitted in a separate sealed envelope at the date and time listed on the Bid Proposal. Refer to Section 00420 Statement of Bidder's Qualifications. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local 00100,doc 1 conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider Federal, State and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2 In the preparation of Contract Documents, the Engineer has relied on the report of soil and subsurface investigation listed in the Supplemental Information For Bidders. A copy of this report is appended (If Provided). The report is not a part of the Contract Documents and is provided for informational purposes only. Neither the City of Fayetteville nor the engineer guarantees the accuracy of the report. The Bidder shall make further investigations and tests as the Bidder deems necessary in order to provide the Work at the Contract Price, within Contract Time, and in accordance with the teens and conditions of the Contract Documents. 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the City of Fayetteville by owners of such Underground Facilities or others, and City of Fayetteville does not assume responsibility for the accuracy or completeness thereof, unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to the prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraph 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will be responsible to make or obtain such explorations, tests and data concerning physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, City of Fayetteville will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. A representative of the City of Fayetteville shall be present during all tests. 4.7 The lands upon which the Work is to be performed, rights of way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or 00100.doc 2 permanent changes in existing structures are to be obtained and paid for by City of Fayetteville. 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Documents are to be directed in writing to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten (10) days prior to the data for opening of Bids may not be answered. Only questions answered by formal, written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Prior to the deadline for receiving Bids, Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville or Engineer. 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to City of Fayetteville in an amount of five (5) percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed), issued by a surety. 6.2 The Bid security of the Successful Bidder will be retained until Bidder has executed the Agreement and furnished the required Contract security, whereupon the Bid security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within ten (10) days after the Notice of Award, City of Fayetteville may annul the Notice of Award, and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom City of Fayetteville believes to have a reasonable chance of receiving the award may be retained by City of Fayetteville until the earlier of the seventh (7th) day after the Effective Date of the Agreement or the sixty-first (61st) day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven (7) days after the Bid opening. 7. CONTRACT TIME 7.1 The number of days within which the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Agreement and these Contract Documents. 001 OO.doc 3 8. LIQUIDATED DAMAGES 8.1 Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE OR "OR EQUAL" ITEMS 9.1 The Bid shall be based on the specified products or their approved equal described on the Drawings or written in the Specifications. Any product may be used which is specified by the referenced standards (such as ASTM) and which meets those standards. For products which are specified by naming one or more manufacturers preceded by "equal to" or followed by "or equal," a written request for substitution shall be submitted for approval by the Engineer. Such written requests will be considered up to ten (10) days prior to the scheduled Bid opening. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 Subcontractors and suppliers shall be listed, if required, on the Bid Form. 11. BID FORM 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer. 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. 1 1 1 1 1 1 1 1 11.3 Unit prices and lump sum amounts shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern and the unit price will govem over the extended amount. 11.4 Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistance secretary. The corporate address and state of incorporation must be shown below the signature. 11,5 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.6 Al] names must be typed or printed below the signature. 11.7 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Fonn). 001 oo.doo 4 1 1 1 1 1 1 1 1 1 1 11.8 The address, telephone number, and fax number if applicable for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS 12.1 Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid. Bids shall be bound in the original project manual and shall be enclosed in an opaque sealed envelope, marked with the Project Title (and, if applicable; the designated position of the Project for which the Bid is submitted) and name, address, and contractor's license number of the Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 13.2 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly - signed, written notice with the City of Fayetteville and promptly thereafter demonstrates to the reasonable satisfaction of City of Fayetteville that there was a material and substantial mistake in the preparation of its Bids, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS 14.1 Bids will be opened and (unless obviously non -responsible) read aloud publicly An abstract of the amounts of the base Bids and major alternates (if any) will be made available to the Bidders after the opening of Bids. Bids will be returned without being read aloud if all applicable portions of the Contract Documents are not met by the Bidder. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE 15.1 All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but City of Fayetteville may, in its sole discretion, release any Bid and return the Bid security prior to that date. 00100.doc 5 16. AWARD OF CONTRACT 16.1 City of Fayetteville reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate Contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, City of Fayetteville reserves the right to reject the Bid of any Bidder if City of Fayetteville believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City of Fayetteville. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, City of Fayetteville will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. City of Fayetteville may accept any such alternatives in any order or combination, whether in the order in which they are listed in the Bid Form or not. 16.3 City of Fayetteville may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 City of Fayetteville may conduct such investigations as City of Fayetteville deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City of Fayetteville's satisfaction within the prescribed time. 16.5 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by City of Fayetteville indicates to City of Fayetteville that the award will be in the best interest of the Project. 16.6 If the Contract is to be awarded, City of Fayetteville will give the successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening. 00100.doc 6 I 17. CONTRACT SECURITY I I L I I I I 17.1 The General Conditions and the Supplementary Conditions set forth City of Fayetteville's requirements as to performance and payment Bonds and a Warranty Bond. When the successful Bidder delivers the executed Agreement to City of Fayetteville, it must be accompanied by the required performance and payment Bonds. At the time of Final Acceptance, the Contractor shall provide the City of Fayetteville the Warranty Bond. 18. SIGNING OF AGREEMENT 18.1 When City of Fayetteville gives a Notice of Award to the successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement and all other written Contract Documents attached. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to City of Fayetteville with the required Bonds. Within ten (10) days thereafter, City of Fayetteville shall deliver one fully -signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. PRE -BID 19.1 NONE 20. RETAINAGE 20.1 Provisions concerning retainage are set forth in the Agreement. ' 21. SPECIAL LEGAL REQUIREMENTS GI I L 21.1 Attention of Bidders is called to Act 150, Acts of Arkansas 1965, concerning the licensing of contractors to do business in Arkansas. 21.2 It is conclusively presumed that Bidders have familiarized themselves with Arkansas laws which may be applied to a Contract for the Work proposed herein as the aforementioned Acts are not exclusive. It is further conclusively presumed that Bidders have familiarized themselves with Federal and local laws, ordinances and regulations pertaining to the Work proposed herein. ' 00100.doc 7 SECTION 00212 SUPPLEMENTAL INFORMATION FOR BIDDERS 1. BIDDER'S FORMS The BIDDER'S attention is called to the following additional forms which shall be filled out and submitted with the BID: SECTION 00420 - STATEMENT OF BIDDER'S QUALIFICATIONS 2. SPECIAL CONDITIONS The BIDDER'S attention is called to all Conditions relating to the Work of this Contract especially Document 00700 - General Conditions. 3. PRE -BID CONFERENCE A Pre -bid conference will be held at the time, date & location shown below: NONE — The City of Fayetteville will meet with any Bidder by appointment only. Any addenda required as a result of these meetings will be distributed to all parties receiving plans and specifications. 00212.doc I I El Li I L L L L II I L I SECTION 00310 BID PROPOSAL LOCATION: CITY OF FAYETTEVILLE, ROOM 306 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 DATE: July 25, 2006, Year 2:00 p.m. LOCAL TIME r Bid For: SURGE TANK REPAINTING Bid Submitted to: The City of Fayetteville Andrea Foren, Buyer — Room 306 113 W. Mountain Fayetteville, AR 72701 BIDDER will complete the Work for the unit prices as listed in the Bid Form. Total Base Bid as outlined on Bid Form: pla4. --P ier."Q i$ gab Amount in Words Figures The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with CITY OF FAYETTEVILLE in the form included in these Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in these Contract Documents. BIDDER accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work in the Contract Time specified. 00310.doc I I :1 BIDDER accepts all of the terns and conditions of the Information for Bidders, including ' without limitation those dealing with the disposition of BID SECURITY. This Bid will remain open for sixty (60) days after the day of Bid Opening. BIDDER will sign the Agreement required by these Contract Documents within ten (10) days after the date of CITY OF FAYETTEVILLE'S Notice of Award. I. In submission of this BID, BIDDER represents, as more fully set forth in the Agreement, that BIDDER has examined all CONTRACT DOCUMENTS (including but not limited to Advertisement, Invitation to Bid and the Information for Bidders) and the following ADDENDA: Failure to list all necessary Agenda issued by the OWNER or the ENGINEER could mean the ' BID submitted by the BIDDER may be deemed unresponsive and not read publicly. I In submission of the BID, BIDDER represents, that they have examined the site and locality where ' the Work is to be performed, the legal requirements (Federal, State and Local Laws, Ordinances, Rules and Regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. t In submission of the BID, BIDDER represents, that this BID is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. The BIDDER represents that they have not directly or indirectly induced or solicited any other '� BIDDER to submit a false or sham BID. The BIDDER represents that they have not solicited or induced any person, firm or corporation to refrain from bidding and have not sought by collusion to obtain for themselves any advantage over any other BIDDER or over the CITY OF F FAYETTEVILLE. All terms used in the BID are defined and have the meanings assigned to them in the General Conditions of these Contract Documents. ' Attached to this BID FORM is the required Bid Security in the form of a Bid Bond or Certified Check in the amount of five (5) percent of the Total Bid Amount. I 00310.dm 2 ' BIDDER submitting this BID is: �J . 1 A Corporation, incorporated in the State of 1 ❑ A Partnership, consisting of the following partners, whose full names are: 1 ❑ An Individual whose full name is: 1 TI 1 1 1 I. I. By Title (Firm Name) t%uuivss JAI 2 3-/o(,? AP 1 'ti8- qe6- --- - - - - - - - - -- 1 gica04o'!-/ Contractor's License Number 1 1 00310.doc 3 SECTION 00310 - BID PROPOSAL Item No. Item Description 1 Clean and Repaint Tank Exterior Using Approved Coating System Vt,/y� dollars 2 Clean and Repaint Tank Interior Using Approved Coating System, and Disinfect Tank dollars 3 Tank Rep it Work, Including Vent Screens, Manway Hinge and Gasket, Safety Rails, and All Other Work Required for a Complete Installation - et Cl dLt Approx. QX. Unit 1 LS 1 LS 1 LS Unit Price In Figures Total $ SO10 $ '5-og4 $ 35 Ca $ 35, ow $ . $ Total Base Bid in Words C (S" ', t$ L CJ • Total Base Bid in Figures 3t kJJ END OF SECTION 00310 5 SECTION 00311 BIDDER'S STATEMENT OF SUBCONTRACTORS The undersigned BIDDER proposes and agrees, if this BID is accepted, to use the following proposed subcontractors on this Work: NAME BUSINESS ADDRESS WORK TO BE PERFORMED 2. 3. 4. 5. 6. The undersigned BIDDER agrees that seventy percent (70%) of the Work will be required to be performed with his own forces unless a variance is requested and granted from the CITY OF FAYETTEVILLE. Signed: 003II. doc 1 SECTION 00312 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Principal, and as Surety, are hereby held and firmly bound unto the City of Fayetteville, hereinafter called the OWNER in the penal sum of for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. The Condition of the above obligation is such that whereas the Principal has submitted to I II I C the Owner a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for Project No. NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for.his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be • d ff • 't b ressl void, otherwise the same shall remain in force an a ect, i emg exp y ' understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein 1 1 stated. ' 00312.doc I IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Signed, this (Principal) (Surety) day of END OF SECTION 00312 00312.doc 2 I I I I I IJ I H I I I Li THE AMERICAN INSTITUTE OF ARCHITECTS A!A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we UTILITY SERVICE CO., INC., P.O. BOX 1350, PERRY, GEORGIA 31069 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville, Arkansas as Obligee, hereinafter called the Obligee, in the sum of Five (5) Percent of Principal's Bid Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Bid 06-48, Surge tank repainting. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligean accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. ' Signed and sealed this 25th day of July , 20 06 UTILITY SERYItE CO., INC. (Principal) () fitness) JONATHAN Kio, GENERAL MANAGER (Title) Travelers asualty and Surety Company of America (WMtness) LARRY B. OLAND, ATTORNEY -IN -FACT (Title) AIA DOCUMENT A310 • BID BO • NA® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 1 WITHOUT THE RED BORDER STPAUL TRAVELERS Attorney -In Fact No. POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 214611 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 000565953 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the Slate of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Larry B. Roland, Timothy B. Templeton, Gray McCaskill, Anne B. Theodore, Glyda E. Meredith, Pamela S. Sessoms, and Patsy B. Maultsby of the City of Gr' erncchnro , State of North Garnlioa , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any andall bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pemih4}e in any'aions or. ceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instru t be sgne8 n�alhe `co rate seals to be hereto affixed, this 21st day of' February 2006 � y6 .,Q - Farmington Casualty Comp'rn3', , 7 9y Fidelity and Guarant4nsurantofrtpan5,O Fidelity and Guaranty Insu%�rttciUndcrwryhers, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company exa014Y 4rFrY J�flx[<` O 0,` 1 t.R ~I Y/�yIIY �AsYr. i` :; tea: 0 1977,; < 6i FD O®o`I s,, fy.,.�...�. State of Connecticut City of Hartford ss. By: G orge W ompson, Sen' r Vic President On this the 21st day of February 2006 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surely Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p T[T In Witness Whereof, I hereunto set my hand and official seal. T*Af My Commission expires the 30th day of June, 2006. *1 si `cnw.ih C. Marie C. Teueault, Notary'Public 58440-9-05 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of.Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul •Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile sea] shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I. Kori MJohanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and SupmpanykmeripQnd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a we and correct copy of the Powe j rc yec X Utcd by i ompanies, which is in full force and effect and has not been revoked. i29� , IN TESTIMONY WHEREOF, I have hereunto set my hand and ix d th®Ceals '(dfpges this 25th day of July .20 06. 4$ '" Kori M. Johans Assistant Secretary pr.�r` -iyNtY 9FFry •NPe a a •PP IxSG „xiYs s•n ano Ws°pA Y O�ruyi V- Yr e • y0! "..9 „P�.......,,•y 0.O 1913 0 '� 1977 192 "b `` �t — m r. eP"r�le,rE^^7 s ^C t X; :n arniwrm. nartaq S < q I" I N 1. n �e f,�kc as 11}0. 4�, 7 40. �•�SEAL/�/ro 158/lL' •cat �•� � q� pr.Eh� axe• •IS:0.M" .tv � %�• '••i ,F a 0.'1X71 AM1S"" To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. I License No. 0091660407 1 State of Arkansas 1 Contractors Licensing Board 1• UTILITY SERVICE CO., INC., DB/A USC, INC. PO BOX 1350 PERRY, GA 31069 UTILITY SERVICE CO., INC., DB/A USC, INC. This is to Certify That is duly. licensed under the provisions of Act 150 of the 1965 Acts as amended and is entitled to practice Contracting in the State of Arkansas within the 1 following classification: SPECIALTY 1 Above Ground Tanks Microwave Systems, Towers, Satellite 1 Dishes Painting, Wallcovering Sandblasting, Hydroblasting 1 Special Coatings or Applications, Caulking, Waterproofing I U II' I' I' III. i I. i • i :.. ____ I ti. - 'k ______ Y _ i rl • . 11. I Ii n I I I I I I I I 1 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All requests must be addressed in writing and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The BIDDER may submit any additional information he/she desires. A. REQUESTS REGARDING BIDDER 1. Name of Bidder. 2. Permanent main office address. 3. When organized. . 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you. (If so, where and why?) 'n-6 9. Have you ever defaulted on a contract? (If so, where and why?) �- 10. List similar project of the size and magnitude of this Project which were completed by your company, stating the cost for each and the month and year completed. Include the entity for which the work was performed with names, titles, and phone numbers. 11.. List your major equipment currently available for this contract and designate whether owned or leased. 12. Background and experience of field personnel currently. employed by your organization who will perform the work. 13. Background and experience of the principal. members (officers) of your organization. Include president, vice president, secretary, treasurer, etc. 14. Give Bank reference. 15. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER. 0 16. Give bonding agent and limit. c� 17. If subcontractor is to be used for this contract, state the percentage of work anticipated to be completed by subcontractor. If subcontractor is to perform work, a separate Statement of Bidder's Qualifications regarding subcontractor and the method used by the subcontractor. Refer to Section 00100 & Section 00311. I ooa2o.dm I I Submit this notarized Statement of Bidders Qualifications to the Engineer. Qualifications shall be submitted in a separate sealed envelope at the date and time listed on the Bid Proposal. C (Name of By: State of nc.. U County of TWA and that the answers to the foregoing questions acrd all statements therein contained are true and correct. Subscribed and sworn to before me this 1 - day of , 20 Dk . Notary Public My Commission expires 3�...._ 20 END OF SECTION 00420 70 Q1A = PUBLIC N ' l' '•O�kpIR QQ:'�Q F OFi GAO\ N I I I I I I I 00420.doc 08/16/2006 10:22 FAX 478 987 9657 USCI.OPERATI0NS Ia002 C ' SECTION 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND UTILITY SERVICE COMPANY, INC. THIS AGREEMENT is dated as of the day of in the t year 20 by and between the CITY OF FAYETTEVILLE and UTILITY SERVICE COMPANY, INC. ' 1. UTILITY SERVICE COMPANY, INC. shall commence and complete all Work as specified or indicated in the Contract Documents. The WORK is generally described as follows: SURGE TANK REPAINTING •' 2. UTILITY SERVICE COMPANY, INC. shall furnish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. ' 3. UTILITY SERVICE COMPANY, INC. shall commence the WORK required by the CONTRACT DOCUMENTS on or before a date to be specified in the ' NOTICE TO PROCEED and completed and ready for final payment within 90 calendar days. UTILITY SERVICE COMPANY, INC. shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of $200 for each calendar day ' thereafter that the WORK is not complete. 4. The UTILITY SERVICE COMPANY, INC. agrees to perform all of the I. WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the BID PROPOSAL. ' 5. The term CONTRACT DOCUMENTS shall mean and include the following: 5.1 Invitation to Bid 52 Information £or Bidders '• 5.3 Supplemental InformBidders ation for Bidden 5.4 Bid Proposal 5.5 Bid Bond I. 5.6 Agreement Between Owner and Utility Service Company, Inc. 5.7 Performance and Payment Bond 5.10 General Conditions '• 5.13 Prevailing Wage Rates 5.14 Notice of Award 5.15 Notice to Proceed , ' 5.16 Project Manual for Surge Tank Repainting Consisting of 106 pages. 5.18 Addenda Numbers N/A to N/A 5.19 Change Orders 00500.da 1 I ' 08/10/2006 10:22 FAX 478 987 9657 USCI OPERATIONS I?I063 I 6. The CITY OF FAYETTEVILLE shall pay UTILITY SERVICE COMPANY, INC. in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT ]DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. MISCELLANEOUS 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated is the General Conditions. ' 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the ' written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under • ' the Contract Documents. 8.3. City of Fayetteville and Utility Service Company, Inc, each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and. legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. ' 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all '• remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. •' 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment I. approved by the Mayor and the City Council in advance of the change in scope, cost or fees. ' 8.6. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act ' request is presented to the City of Fayetteville, Utility Service Company, Inc. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act I. oosoo.doc 2 1 08/16/2006 10:22 FAX 478 987 9657 USCI OPERATIONS (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8-7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and UTILITY SERVICE COMPANY, INC. have signed this Agreement in quadruplicate. One counterpart each has been delivered to City of Fayetteville and Engineer, and two counterparts have been delivered to Utility Service Company, Inc. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and Utility Service Company, Inc. or identified by Engineer on their behalf OWNER - CONTRACTOR CITY OF FAYETTEVILLE UTILITY SERVICE COMPANY. INC. BY BY Mayor Dan Coody [CORPORATE SEAL] [CORPORATE SEAL] ATTEST Address for giving notices: Address for 113 W. Mountain 535 Courtney Hodges Blvd. Fayetteville, AR 72701 Perry, GA 31069 License No. 0091660407 Agent for service of process: (If UTILITY SERVICE COMPANY, INC. is a corporation, attach evidence of authority to sign.) 00500.aoc 3 SECTION 00600 IARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND WE, as Principal, ' hereinafter called Principal, and as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville (Owner) amount of ' ($ ) for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, and successors, and assigns, jointly and ' severally, and firmly by these presents. Principal has by written agreement dated entered into a contract with Owner for 1 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. I. I. 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 reason of failure 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, further, ' 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 priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. I I I00600.doc I No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the Contract, not shall any suit, action or proceeding be brought by the Owner after two years from 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 the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part either of the Owner or 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 liability hereunder, notice to the Surety of Sureties of any such alteration, extension, or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set herein. Executed on the By of Principal Witness: ) Attest: ) Surety This Bond is given in Compliance with Act 351 of 1953, as amended. END OF SECTION 00600 Ti Ti I I .1 I Ti I L 1 Ti I Li I L L 00600.doc 2 I I I I I I I I I I I L I I I I SECTION 00640 We, , as principal ("Principal"), and as surety ("Surety"), are hereby jointly and severally held and firmly bound unto the City of Fayetteville, as Obligee ("Owner"), for the payment of subject to the terms and conditions provided herein. WHEREAS, Principal executed and entered into that certain Agreement with Owner for 20 (the "Contract"), the provisions of which are incorporated herein by reference, and unless otherwise defined herein all defined terms used or referred to herein shall have the meaning ascribed thereto in the Contract. In addition to other obligations and liabilities, the Contract required Principal to perform the Work for the Project and to furnish this Bond to Owner in compliance with Article 5 of the General Conditions and the Supplementary Conditions. NOW THEREFORE; the obligations of Principal and Surety herein shall remain in full force and effect as provided herein, subject to becoming null and void upon the occurrence of either or both of the conditions that (a) Principal shall fully perform and satisfy all obligations and liabilities of Principal under the warranty and guarantee provisions of Sections 13.1 and 13.12 of the General Conditions, as modified or supplemented by the Supplementary Conditions or any other applicable Contract Documents, at any time within two years after the date of Final Acceptance or such longer period of time as may be prescribed therein(the " Warranty Period"), all of which includes without limitation either correcting the defective Work, or removing and replacing it with nondefective Work, or paying all direct, indirect or consequential costs of such correction or removal and replacement, all as provided therein, or (b) Owner shall fail to institute a lawsuit, action or other proceeding under this Bond before the expiration of three (3) months following the end of the Warranty Period. I 00640.doc I L FURTHER PROVIDED, that (a) any changes, modifications, amendments, alterations or supplementations in or to the Contract, and Contract Documents or the Work, or the giving by Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either Owner or Principal to the other, shall not in any way release the Principal or Surety, or either of them, from their liability hereunder, notice to the Surety of any of the foregoing being hereby waived, (b) in no event shall the aggregate liability of Surety exceed the amount set out herein, and (c) the rights and obligations hereof shall be binding upon and shall inure to the benefit of Principal, Surety, Owner and their respective heirs, legal representatives, partners, privies, successors and assigns, provided that nothing herein shall authorize the assignment of any such rights and obligations except upon compliance with Section 9.2 of the Contract. Date of project final completion is . The bond shall effective for a period of one year. Executed on the day of 20 By Witness: ) Attest: ) Surety END OF SECTION 00640 1 H H I L I I 11 H I II C L I 00640.doc 2 It II Ii I I I I I I I I I 1J I I I I I SECTION 00700 GENERAL CONDITIONS 1. Definitions 2. Additional Instructions and Detail Drawings 3. Schedules, Reports and Records 4. Drawings and Specifications 5. Shop Drawings 6. Materials, Services and Facilities 7. Inspection and Testing 8. Substitutions 9. Patents 10. Surveys, Permits, and Regulations 11. Protection of Work, Property, and Persons 12. Supervision by Contractor 13. Changes in the Work 14. Changes in Contract Price 15. Time for Completion and Liquidated Damages 16. Correction of Work 17. Subsurface Conditions 18. Suspension of Work, Termination and Delay 19. Payments to Contractor 20. Acceptance of Final Payment as Release 21. Insurance 22. Contract Security 23. Assignments 24. Indemnification 25. Separate Contracts 26. Subcontracting 27. Engineer's Authority 28. Land and Rights -of -Way 29. Guaranty 30. Taxes I00700.doc I L 1. DEFINITIONS 1 1.1 Wherever used in the Contract Documents, the following terms shall have the ' meanings indicated which shall be applicable to both the singular and plural thereof: 1.2 ADDENDA - Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by additions, deletions, clarifications or corrections. 1.3 BID - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.4 BIDDER - Any qualified person, firm or corporation submitting a Bid for the Work. 1.5 BONDS - Bid, Performance and Payment Bonds and other instruments of security, , furnished by the Contractor and his surety in accordance with the Contract Documents. 1.6 CHANGE ORDER - A written order to the Contractor authorizing an addition, deletion or revision in the Work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. 1.7 CONTRACT DOCUMENTS - The contract, including Advertisement For Bids, Information For Bidders, Bid Proposal, Bid Bond, Agreement, Payment Bond, Performance Bond, Notice Of Award, Notice To Proceed, Change Order, Drawings, Specifications, and Addenda. 1.8 CONTRACT PRICE - The total monies payable to the Contractor under the terms and conditions of the Contract Documents, 1.9 CONTRACT TIME - The number of calendar days stated in the Contract Documents for the completion of the Work. 1.10 CONTRACTOR - The person, firm or corporation with whom the City of Fayetteville has executed the Agreement. 1.11 DRAWINGS - The part of the Contract Documents which show the characteristics and scope of the Work to be performed and which have been prepared or approved by the Engineer. 1.12 ENGINEER — The Engineering Department of the City of Fayetteville, or their authorized representative. n 00700.doc 2 , H 1.13 FIELD ORDER - A written order effecting a change in the Work not involving an adjustment in the Contract Price or an extension of the Contract Time, issued by the Engineer to the Contractor during construction. 1.14 NOTICE OF AWARD - The written notice of the acceptance of the Bid from the City of Fayetteville to the successful Bidder. I. 1.15 NOTICE TO PROCEED - Written communication issued by the City ofFayetteville to the Contractor authorizing the Contractor to proceed with the Work and establishing the date of commencement of the Work. I. 1.16 OWNER — The City of Fayetteville. 1.17 PROVIDE — Furnish and install, complete in place, operating, tested and approved. 1.18 PROJECT - The undertaking to be performed as provided in the Contract Documents. 1.19 PRODUCTS — The materials, systems, and equipment provided by the Contractor. I,. 1.20 PROJECT REPRESENTATIVE - The authorized representative of the City of Fayetteville who is assigned to the Project site or any part thereof. ' 1.21 SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, ' Supplier or Distributor, which illustrate how specific portions of the Work shall be fabricated or installed. ' 1.22 SPECIFICATIONS - A part of the Contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, ' standards and workmanship. 1.23 SUBCONTRACTOR - An individual, firm or corporation having a direct contract ' with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. ' 1.24 SUPPLEMENTAL GENERAL CONDITIONS - Modifications to General Conditions required by a Federal agency for participation in the Project and approved by the agency in writing prior to inclusion in the Contract Documents. 1.25 SUPPLIERS - Any person, supplier or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. I Ioo7oo.doe 3 1.26 WORK - All labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in the Project. 1.27 WRITTEN NOTICE - Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party or his authorized representative on the Work. 2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS 2.1 The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the Work required by the Contract Documents. 2.2 The additional drawings and instructions thus supplied will become a part of the Contract Documents. The Contractor shall carry out the Work in accordance with the additional detail drawings and instructions. 3. SCHEDULES, REPORTS AND RECORDS 3.1 The Contractor shall submit to the City of Fayetteville such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the City of Fayetteville may request concerning Work performed or to be performed. 3.2 Prior to the first partial payment estimate the Contractor shall submit schedules showing the order in which the Contractor proposes to carry on the Work, including dates at which the Contractor will start the various parts of the Work, estimated date ' of completion of each part and, as applicable: 3.2.1 The dates at which special detail drawings will be required; and 3.2.2 Respective dates for submission of Shop Drawings, the beginning of manufacture, the testing and the installation of materials, supplies, and equipment. 3.3 The Contractor shall also submit a schedule of payments that the Contractor anticipates earning during the course of the Work. 4. DRAWINGS AND SPECIFICATIONS 4.1 The intent of the Drawings and Specifications is that the Contractor shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the Work in accordance with the Contract Documents and all incidental work necessary to complete the Project in an acceptable manner, ready for use, oo7oadoe 4 1 I occupancy or operation by the City of Fayetteville. The Drawings and Specifications are intended to supplement but not duplicate each other. An item of Work indicated in one and not the other shall be performed by the Contractor just as if it had been indicated in both. ' 4.2 It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character of the equipment and facilities needed preliminary to and during the • prosecution of the Work, the character, quality and quantity of the materials to be encountered, the general and local conditions, and all other matters which can, in any I. way, affect the Work under this Contract. 4.3 Figure dimensions on Drawings shall govern over scale dimensions, and detailed ' Drawings shall govern over general Drawings. The Contractor shall not perform Work based on "scaled" measurements of Drawings, but shall obtain written instructions from the Engineer as to the dimensions to be used before proceeding ' with the Work. ' 4.4 Any discrepancies found between the Drawings and Specifications and site conditions or any inconsistencies or ambiguities in the Drawings or Specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his ' discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. ' 4.5 The Specifications are written in imperative and abbreviated form. The imperative language is directed at the Contractor, unless specifically noted otherwise. Incomplete sentences shall be completed by inserting "shall," "the Contractor shall," "shall be:," and similar mandatory phrases by inference in the same manner as they are applied to notes on the Drawings. The words "shall be:" shall be supplied by inference where a colon (:) is used within sentences or phrases. Except as worded to the contrary, all indicated requirements shall be performed whether stated imperatively or otherwise. ' 4.6 Whenever the term "Work Included" is used as an article or paragraph heading in Part I of a Specification Section, it is merely a listing of the significant items described with the section and is not intended to "scope" the section or to imply a trade responsibility." 4.7 Whenever the words "approved, ""satisfactory," "directed, ""submitted, "inspected," or similar words or phrases are used in the Contract Documents, it shall be assumed that the term "Engineer or his representative" follows the verb as the object of the clause, such as "approved by the Engineer or his representative," or "submitted to the Engineer or his representative." J I I 00700.doc I 5. SHOP DRAWINGS 5.1 The Contractor shall provide Shop Drawings as may be necessary for the prosecution of the Work as required by the Contract Documents. The Engineer shall promptly review all Shop Drawings. The Engineer's approval of any Shop Drawing shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any Shop Drawings which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. 5.2 When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. 5.3 Portions of the Work requiring a Shop Drawing or sample submission shall not begin until the Shop Drawing or submission has been approved by the Engineer. A copy of each approved Shop Drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. 6. MATERIALS, SERVICES AND FACILITIES 6.1 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, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Work within the specified time. 6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the Work. Stored materials and equipment to be incorporated in the Work shall be located so as to facilitate prompt inspection. 6.3 Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 6.4 Materials, supplies and equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. 6.5 Materials, supplies or equipment to be incorporated into the Work shall not be ' purchased by the Contractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. Li I 00700.doc 6 t I 7. INSPECTION AND TESTING 7.1 All materials and equipment used in the construction of the Project shall be subject to adequate inspection and testing in accordance with generally accepted standards. ' 7.2 The Contractor shall provide at his expense the necessary testing and inspection services required by the Contract Documents, unless otherwise provided. 7.3 The City of Fayetteville shall provide all other inspection and testing services not required by.the Contract Documents. 7.4 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, ' tested, or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness. The Contractor will then furnish the Engineer the required certificates of inspection, testing or approval. ' 7.5 Neither observations by the Engineer nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the requirements of the Contract Documents. 7.6 The Engineer and his representatives will at all times have access to the Work. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Contractor ' will provide proper facilities for such access and observation of the Work and also for any inspection, or testing thereof. ' 7.7 If any Work is covered contrary to the written request of the Engineer it must, if requested by the Engineer, be uncovered for his observation and replaced at the ' Contractor's expense. 7.8 If any Work has been covered which the Engineer has not specifically requested to ' observe prior to its being covered, or if the Engineer considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor at the Engineer's request, will uncover, expose or otherwise make available for observation, ' inspection or testing as the Engineer may require, that portion of the Work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such Work is defective, the Contractor will bear all expenses of such ' uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such Work is not found to be defective, the Contractor will be allowed an increase in the Contract Price or an extension of the Contract ' Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate Change Order shall be issued. 1 00700.doc 7 I 8. 9. Jo. SUBSTITUTIONS 8.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number, and if, in the opinion of the Engineer, such material, article, or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deductible from the Contract Price and the Contract Documents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the Project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the Contract Price or Contract Time. PATENTS 9.1 The Contractor shall pay all applicable royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and save the City of Fayetteville harmless from loss on account thereof, except that the City of Fayetteville shall be responsible for any such loss when particular process, design, or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, the Contractor shall be responsible for such loss unless the Contractor promptly gives such information to the Engineer. SURVEYS, PERMITS, REGULATIONS 10.1 The Engineer shall furnish all land surveys and establish all base lines for locating the principal component parts of the Work together with a suitable number of bench marks adjacent to the Work as shown in the Contract Documents. From the information provided by the Engineer, unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets. 10.2 The Contractor shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, the Contractor shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. I I C 1 1J I I I I Li J I I 00700.doo 8 ' I 10.3 Permits and licenses of a temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Contractor. Permits, licenses and easements for ' permanent structures or permanent changes in existing facilities shall be secured and paid for by the City of Fayetteville, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing ' on the conduct of the Work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, the Contractor shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in Section 13, Changes In The Work. III. PROTECTION OF WORK, PROPERTY AND PERSONS 11.1 The Contractor will be responsible for initiating, maintaining and supervising all I. safety precautions and programs in connection with the Work. The Contractor will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the Work and other ' persons who may be affected thereby, all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, ' structures and utilities not designated for removal, relocation or replacement in the course of construction. 11.2 The Contractor will comply with all applicable laws, ordinances, rules, regulations ' and orders of any public body having jurisdiction. The Contractor will erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety and protection. The Contractor will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in ' part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them be liable, except damages or loss attributable to the fault of the Contract Documents or to be acts or omissions of ' the City of Fayetteville or the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. ' 11.3 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the ' Engineer or City of Fayetteville, shall act to prevent threatened damage, injury or loss. The Contractor will give the Engineer prompt Written Notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and ' a Change Order shall thereupon be issued covering the changes and deviations involved. I I ' 00700.doc 9 I 12. SUPERVISION BY CONTRACTOR 12.1 The Contractor will supervise and direct the Work. The Contractor will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the Work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the ' supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. 13. CHANGES IN THE WORK 13.1 The City of Fayetteville may at anytime, as the need arises, order changes within the ' scope of the Work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the Work, an equitable adjustment shall be authorized by Change Order. 13.2 The Engineer, also, may at any time, by issuing a Field Order, make changes in the details of the Work. The Contractor shall proceed with the performance of any changes in the Work so ordered by the Engineer unless the Contractor believes that such Field Order entitles him to a change in Contract Price or Time, or both, in which event the Contractor shall give the Engineer Written Notice thereof within fifteen (15) days after the receipt of the ordered change, and the Contractor shall not execute such changes pending the receipt of an executed Change Order or further instruction from the City of.Fayetteville. 14. CHANGES IN CONTRACT PRICE 14.1 The Contract Price may be changed only by a Change Order. The value of any Work , covered by a Change Order or of any claim for increase or decrease in the Contract Price shall be determined by one or more of the following methods in the order of precedence listed below: 14.1.1 Unit prices previously approved. ' 14.1.2 An agreed lump sum. 14.1.3 The actual cost for labor, direct overhead, materials, supplies equipment, and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the Work to cover the cost of general overhead and profit. 00700.doc 10 I I I ID I I En En r En Li I I I I I 14.2 The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustments under the following conditions: 14.2.1 If the total cost of a particular item of Unit Price Work amounts to five (5) percent or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and 14.2.2 If there is no corresponding adjustment with respect to any other item of Work; and 14.2.3 If Contractor believes that it has incurred additional expense as a result thereof, or 14.2.4 If Engineer believes that the quantityvariation entitle it to an adjustment in the Unit Price, either Engineer or Contractor may make a claim for an adjustment in the Contract Price in accordance with Article 11, if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed. 15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES 15.1 The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents and the Work embraced shall be commenced on a date specified in the Notice -To -Proceed. 15.2 The Contractor will proceed with the Work at such rate of progress to insure full completion within the Contract Time. It is expressly understood and agreed, by and between the Contractor and the City of Fayetteville, that the contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. 15.3 If the Contractor shall fail to complete the Work within the Contract Time, or extension of time granted by the City of Fayetteville, then the Contractor will pay to the City of Fayetteville the amount for liquidated damages as specified in the Agreement Between City of Fayetteville And Contractor for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents. 15.4 The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the Work is due to the following, and the Contractor has promptly gives Written Notice of such delay to the City of Fayetteville or Engineer: I 00700.doe 16. 17 15.4.1 To any acts of the Government, including controls or restrictions upon or requisitioning ofmaterials, equipment, tools, or labor by reason ofwar, National Defense, or any other national emergency. 15.4.2 To any acts of the City of Fayetteville not contemplated by this Agreement. 15.4.3 To causes not reasonable foreseeable by the parties of this Contract which are beyond the control and withhold the fault or negligence of the Contractor, including but not restricted to, acts of nature or of the public enemy, acts of another Contractor in the performance of some other Contract with the City of Fayetteville, fires, floods, epidemics, quarantine restrictions, strikes, freight •embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions; and, 15.4.4 To any delay of any subcontractor occasioned by any of the causes specified in Subparagraphs 1, 2, and 3 of this Paragraph 15.4. Provided, however, that the Contractor promptly notifies the City of Fayetteville in writing within ten (10) days of the cause of delay. Upon receipt ofsuch notification, the City of Fayetteville shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and terms of the Contract, the delay is properly excusable, the City of Fayetteville shall extend the time for completing the Work for a period of time commensurate with the period of excusable delay. CORRECTION OF WORK 16.1 The Contractor shall promptly remove from the premises all Work rejected by the Engineer for failure to comply with the Contract Documents, whether incorporated in the construction or not, and the Contractor shall promptly replace and re -execute the Work in accordance with the Contract Documents and without expense to the City of Fayetteville and shall bear the expense of making good all Work of other Contractors destroyed or damaged by such removal or replacement. 16.2 All removal and replacement Work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected Work within ten (10) days after receipt of Written Notice, the City of Fayetteville may remove such Work and store the materials at the expense of the Contractor. SUBSURFACE CONDITIONS 17.1 In the preparation of Contract Documents, the Engineer has relied upon the report of soil and subsurface investigations listed in the Supplemental information For Bidders (If Listed). I I C I I I 1 LI I I I I 00700.doc 12 I 17.1.1 The above report is not part of the Contract Documents and is provided for information purposes only. Neither the City of Fayetteville nor the Engineer guarantees the accuracy of the report. The Contractor shall make further investigations and tests as deemed necessary. 17.2 The Work included in this Project may require excavation and related activities in close proximity to existing buried and aerial utility lines and facilities, such as water lines, sewer lines, storm drains, natural gas lines, electrical power lines, telephone cables, and TV cables. Where their presence is known, the approximate location of such utilities is shown on the Drawings, but all such utilities and individual service ' lines are not shown. The Contractor shall be aware of the potential for such utility lines to conflict with intended construction efforts, and the Contractor shall use appropriate precautionary measures to locate and protect such utility lines and ' services so as to avoid damage and interruptions to service. 17.3 The Contractor shall promptly, and before such conditions are disturbed, except in the event of an emergency, notify the City of Fayetteville by Written Notice of: 17.3.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents; or 17.3.2 Unknown physical conditions at the site, of an unusual nature, differing ' materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents. ' 17.4 The City of Fayetteville shall promptly investigate the conditions, and if the City of Fayetteville finds that such conditions do so materially differ and cause an increase or 'decrease in the cost of, or in the time required for, performance of the Work, and equitable adjustment shall be made and the Contract Documents shall be modified by a Change Order. Any claim of the Contractor for adjustment hereunder shall not be allowed unless the Contractor has given the required Written Notice; provided that the City of Fayetteville may, if the City of Fayetteville determines the facts so justify, ' consider and adjust any such claims asserted before the date of final payment. 18. SUSPENSION OF WORK, TERMINATION AND DELAY ' 18.1 The City of Fayetteville may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by Written Notice to the Contractor and the Engineer which notice shall fix the date on which Work shall be resumed. The Contractor will resume that Work on the date so fixed. The Contractor will be allowed an increase in I. the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension. I I00700.doc 13 18.2 If the Contractor is adjudged as bankrupt or insolvent, or if the Contractor makes a general assignment for the benefit of his creditors, or if a trustee:or receiver is appointed for the Contractor or for any of his property, or if the Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or if the Contractor repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment; or if the Contractor repeatedly fails to make prompt payments to Subcontractors for labor, material or equipment or if the Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the Work or if the Contractor disregards the authority of the Engineer, or if the Contractor otherwise violates any provision of the Contract Documents, then the City of Fayetteville may, without prejudice to any other right or remedy and after giving the Contractor and his surety a minimum of ten (10) days from delivery of a Written Notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish the Work by whatever method the City of Fayetteville may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the City of Fayetteville. Such costs incurred by the City of Fayetteville will be determined by the Engineer and incorporated in a Change Order. 18.3 Where the Contractor's services have been so terminated by the City of Fayetteville, said termination shall not affect any right of the City of Fayetteville against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the City of Fayetteville due the Contractor will not release the Contractor from compliance with the Contract Documents. 18.4 After ten (10) days from delivery of a Written Notice to the Contractor and the Engineer, the City of Fayetteville may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for all Work executed and any expense sustained plus reasonable profit. 18.5 If, through no act or fault of the Contractor, the Work is suspended for a period of more than ninety (90) days by the City of Fayetteville or under an order of court or other public authority, or the Engineer fails to act on any request for.payment within thirty (30) days after it is submitted, or the City of Fayetteville fails to pay the Contractor substantially the sum approved by the Engineer or awarded by arbitrators within thirty (30) days of its approval and presentation, then the.Contractor may, after ten (10) days from delivery of a Written Notice to the City of Fayetteville and the Engineer, terminate the Contract and recover from the City of Fayetteville payment for all Work executed and all expenses sustained. In addition and in lieu of H El I H I 1' L I I_J I 9. 77 L L 00700.doc 14 I I terminating the Contract, ifthe Engineer has failed to act on a request for payment or if the City of Fayetteville has failed to make any payment as aforesaid, the Contractor may upon ten (10) days notice to the City of Fayetteville and the Engineer stop the Work until the Contractor has been paid all amounts then due, in which event and upon resumption of the Work, Change Orders shall be issued for adjusting the Contract Price or extending the Contract Time or both to compensate for the costs and delays attributable to the stoppage of the Work. 18.6 If the performance of all or any portion of the Work is suspended, delayed, or interrupted as a result of a failure of the City of Fayetteville or Engineer to act within the time specified in the Contract Documents, or if no time is specified, within a reasonable time, an adjustment in the Contract Price or an extension of the Contract Time, or both, shall be made by Change Order to compensate the Contractor for the ' costs and delays necessarily caused by the failure of the City of Fayetteville or Engineer. ' 19. PAYMENTS TO CONTRACTOR 19.1 At least ten days before each progress payment falls due (but not more often than once a month), the Contractor will submit to the Engineer a partial payment estimate filled out and signed by the Contractor covering Work performed during the period covered by the partial payment estimate and supported by such data as the Engineer ' may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting ' data, satisfactory to the City of Fayetteville, as will establish the City ofFayetteville's title to the material and equipment and protect his interest therein, including applicable insurance. The Engineer will, within ten days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the City of Fayetteville, or return the partial payment ' estimate to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The City of Fayetteville will endeavor within ' thirty (30) days of presentation of an approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The City of Fayetteville shall retain ten (10) percent of the amount of each payment ' until that time, and upon certification by the Engineer, that the work is fifty (50) percent complete; after which time the City of Fayetteville shall make no further retainage from any subsequent partial payment estimate. No application for partial ' payment shall be made when, in the judgement of the Engineer, the total value of the Work done and materials incorporated into the Work under this Contract since the last preceding estimate amount is less than $10,000 unless authorized by Engineer. ' On completion and acceptance of a part of the Work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. ' 00700.doc 15 Li 19.2 The request for payment may also include an allowance for the cost of such major materials and equipment which are securely stored either at or near the site. 19.3 All Work covered by partial payment made shall thereupon become the sole property of the City of Fayetteville, but this provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection 'of the Work upon which payments have been made or the restoration of any damaged Work, or as a waiver of the right of the City of Fayetteville to require the fulfillment of all terms of the Contract Documents. 19.4 The City of Fayetteville will have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the City of Fayetteville. 19.5 Upon completion and acceptance of the Work, the Engineer shall issue a certificate ' attached to the final payment request that the Work has been accepted by him under the condition of the Contract Documents. The entire balance found to be due the ' Contractor, including the retained percentages, but except such sums as may be lawfully retained by the City of Fayetteville, shall be paid to the Contractor within thirty (30) days of completion and acceptance of the Work. 19.6 The Contractor will indemnify and save the City of Fayetteville or the City of Fayetteville's agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machines and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the Work. The Contractor shall, at the City of Fayetteville's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. if the Contractor fails to do so the City of Fayetteville may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the City of Fayetteville to either the Contractor, his surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the City of Fayetteville shall be considered as a payment made under the Contract Documents by the City of Fayetteville to the Contractor and the City of Fayetteville shall not be liable to the Contractor for any such payments made in good faith. I 00700.doc 16 ' I 20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE 20.1 The Acceptance by the Contractor of final payment shall be and shall operate as a release to the City of Fayetteville of all claims and all liability to the Contractor other than claims in stated amounts as maybe specifically excepted by the Contractor for ' all things done or furnished in connection with this Work and for every act and neglect of the City of Fayetteville and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the Contractor or his ' sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. ' 21. INSURANCE 21.1 The Contractor shall purchase and maintain such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's execution of the Work, whether such execution be by the Contractor or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. ' 21.1.1 Claim under worker's compensation, disability benefit and other similar employee benefit acts; ' 21.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; ' 21.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; ' 21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or ' (2) by any other person; 21.1.5 Claims for damages because of injury to or destruction of tangible ' property, including loss of use resulting therefrom; ' 21.1.6 Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and ' 21.1.7 Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 21.2 The Contractor shall procure and maintain, at his own expense, during the Contract ' Time, liability insurance as specified in Paragraph 21.7. I00700.doe 17 C 1 21.3 The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for Work to bePerformed. Unless specifically authorized by the City of Fayetteville, the amount of such insurance shall not be less than the Contract Price totaled in the Bid. The policy shall cover not less than the losses due to fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke during the Contract Time, and until the Work is accepted by the City of Fayetteville. The policy shall name as the insured the Contractor, the Engineer, the City of 1 Fayetteville and the Funding Agency. 21.4 The Contractor shall procure and maintain, at the Contractor's own expense, during the Contract Time, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the Project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workmen's Compensation Insurance, including occupational disease provisions for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this contract at the site of the Project is not protected under Workmen's Compensation statute, the Contractor shall provide, and shall cause such Subcontractor to provide, adequate and suitable insurance for the protection of his employees not otherwise protected. 21.5 Certificates of Insurance acceptable to the City of Fayetteville shall be filed with the City of Fayetteville prior to commencement of the Work. These Certificates shall contain a provision that coverages afforded under the policies will not be cancelled unless at least fifteen (15) days prior Written Notice has been given to the City of Fayetteville. 21.6 The Contractor shall not commence Work under this Contract or allow any subcontractor or anyone directly or indirectly employed by anyone of them to commence Work until the Contractor has obtained all insurance required under this Article 21, and duly executed certificates of such insurance shall have been filed with the Engineer and the City of Fayetteville. Such certificates of insurance shall note that City of Fayetteville, Engineer, and Funding Agency have been endorsed as an additional insured on Contractor's comprehensive general liability policy. 21.7 The limits of liability for the insurance required under this Article 21 of the General 1 Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: I I oo7oo.doc 18 1 21.7.1 Worker's Compensation A. State: Statutory B. Applicable Federal: Statutory C. Employer's Liability: $500,000 21.7.2 Comprehensive General Liability Insurance, includes Completed Operations: A. Bodily Injury Liability: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate B. Property Damage Liability: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate 21.7.3 Contractual Liability Insurance: A. Bodily Injury Liability: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate B. Property Damage Liability: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate 21.7.4 City of Fayetteville's and Contractor's Protective Liability Insurance: A. Bodily Injury Liability: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate B. Property Damage Liability: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate 21.7.5 Automobile Liability: A. Bodily Injury Liability: $1,000,000 Each Person $1,000,000 Annual Aggregate B. Property Damage Liability: $ 250,000 Each Occurrence 00700.doc 19 L 22. CONTRACT SECURITY 22.1 The Contractor shall within ten (10) days after the receipt of the Notice Of Award furnish the City of Fayetteville with a Performance and Payment Bond in penal sums equal to the amount of the Contract Price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents, and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the Work provided by the Contract Documents. Such Bonds shall be executed by the Contractor and a ' corporate bonding company licensed to transact such business in the state in which the Work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these Bonds shall be borne by the Contractor. If at any time a surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the Work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the City of Fayetteville to do so, substitute an acceptable Bond (or Bonds) in such form and sum and signed by such other surety or sureties as maybe satisfactory to the City of Fayetteville. 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 have furnished an acceptable Bond to the City of Fayetteville. 22.2 At die time of Final Acceptance of the Work by the City of Fayetteville, the Contractor shall furnish to the City of Fayetteville a Warranty Bond in the amount of fifty (50) percent of the amount of the final Contract Price. The Warranty Bond shall guarantee the Work in accordance with Article 29 of the General Conditions for the applicable warranty period of one (1) year from the date of Final Payment. It shall be on the form shown in Section 00640 - Warranty Bond. 23. ASSIGNMENTS ' 23.1 Neither the Contractor nor the City of Fayetteville shall sell, transfer, assign or ' otherwise dispose of the Contract or any portion thereof, or of his right, title or interest therein, or his obligations thereunder, without consent of the other party. 24. INDEMNIFICATION 24.1 The Contractor will indemnify and hold harmless the City of Fayetteville and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for 00700.doc 20 LJ whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 24.2 In any and all claims against the City of Fayetteville or the Engineer, or any of their agents or employees, by any employee of the Contractor, any Subcontractor, anyone ' directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or ' for the Contractor or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefits acts. ' 24.3 The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, Drawings, opinions, reports, surveys, Change Orders, designs or 'Specifications, or the giving of or failure to give directions or instructions by the Engineer, or his agents, or employees, provided such giving or failure to give is the I. primary cause of injury or damage. 25. SEPARATE CONTRACTS ' 25.1 The City of Fayetteville reserves the right to let other contracts in connection with this Project. The Contractor shall afford other Contractors reasonable opportunity for ' the introduction and storage of their materials and the execution of their Work, and shall properly connect and coordinate his Work with theirs. If the proper execution or results of any part of the Contractor's Work depends upon the Work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such Work that render it unsuitable for such proper execution and results. I. 25.2 The City of Fayetteville may perform additional Work related to the Project, or the City of Fayetteville may let other contracts containing provisions similar to these. The Contractor will afford the other Contractors who are parties to such Contracts (or ' the City of Fayetteville, if the City of Fayetteville is performing the additional Work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate his Work with theirs. 25.3 If the performance of additional Work by other Contractors or the City of Fayetteville ' is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional ' Work. If the Contractor believes that the performance of such additional Work by the City of Fayetteville or others involves him in additional expense or entitles him to an extension of the Contract Time, the Contractor may make a claim therefore as provided in Sections 14 and 15. G ' 007004c 21 I 26. 27 SUBCONTRACTING 26.1 The Contractor may utilize the services of specialty Subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty Subcontractors. 26.2 The Contractor shall perform a minimum of sixty (60%) of the Work. 26.3 The Contractor shall be fully responsible to the City of Fayetteville for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as the Contractor is for the acts and omissions of persons directly employed by the Contractor. 26.4 The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the Work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the City of Fayetteville may exercise over the Contractor under any provision of the Contract Documents. 26.5 Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the City of Fayetteville. ENGINEERS AUTHORITY 27.1 The Engineer shall act as the City of Fayetteville's representative during the construction period. The Engineer shall decide questions which may arise as to quality and acceptability of materials furnished and Work performed. The Engineer shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer will make visits to the site'and determine if the Work is proceeding in accordance with the Contract Documents. 27.2 The Contractor will be held strictly to the intent ofthe Contract Documents in regard to the quality of materials, workmanship and execution of the Work. Inspections may be made at the factory or fabrication plant of the source of material supply. 27.3 The Engineer will not be responsible for the construction means, controls, techniques, sequences, or construction safety. 27.4 The Engineer shall promptly make decisions relative to interpretation ofthe Contract Documents. 27.5 The Engineer will have authority to determine the actual quantities and classifications of items of Unit Price Work performed by Contractor, and the written decisions of Engineer on such matters will be final, binding on Engineer and Contractor and not subject to appeal (except as modified by Engineer to reflect changed factual conditions). I I n ,, I I Li I I LI I I I I 00700.dm 22 I 28. 29. 1 30. 1 I. LAND AND RIGHTS -OF -WAY 28.1 Prior to issuance of Notice -To -Proceed, the City of Fayetteville shall obtain all land and rights -of -way necessary for carrying out and for the completion of the Work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed. 28.2 The City of Fayetteville shall provide to the Contractor information which delineates and describes the lands owned and rights -of -way acquired. 28.3 The Contractor shall provide at his own expense and without liability to the City of Fayetteville any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GUARANTY 29.1 If within one year after the date of Final Payment or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Document, any Work is found to be defective, Contractor shall promptly, without cost to City of Fayetteville and in accordance with Cityof Fayetteville's written instructions, either correct such defective Work, or if it has been rejected by City of Fayetteville, remove it from the site and replace it with non -defective Work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City of Fayetteville may have the defective Work corrected or the rejected Work removed and replace, and all direct, indirect and consequential costs of such correction, removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys, surveyors, and other professionals) will be paid by Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Agreement. TAXES 30.1 The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the Work is performed. ' 00700.doc 23 • RECEIVED • Mike Huckabee Lehi z i >: C11 James L. Salkeld Governor DireGor ,..,., STATE OF ARKAt�SMINEERIN(� DIV, ARKANSAS DEPARTMENT OF LABOR ' 10421 WEST MARKHAM • LI1TLE ROCK, ARKANSAS 72205-2190 (501) 682-4500 • FAX: (501) 682-4535 • TDD: (800) 285-1131 March 24, 2006 Mr. Shannon Jones, P. E. City of Fayetteville 125 W. Mountain Fayetteville, AR 72701 • Re: Surge Tank Repainting • Fayetteville, Arkansas Washington County ' Dear Mr. Jones: ' In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 05-386 establishing the minimum wage rates to be paid on the above -referenced project, provided the cost of a// labor and material exceeds $75,000. Should the project cost not reach that amounC there is no ' obligation to use this wage determination. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. ' If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. ' Code Ann. § 22-9-308 (b) (2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. § 22-9-308 (c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. § 22-9-309 (a). ' Also enclosed is a "Statement of Intent to Pay Prevailing Wages" form that should be put in your specifications along with the wage determination. The General/Prime Contractor is responsible for getting this ' form filled out and returned to this office within 30 days of the Notice to Proceed for this project. When you issue the Notice to Proceed for this project, please mail or fax a copy of the notice to my office. ' If you have any questions, please call me at (501) 682-4536 or fax (501) 682-4508. ' Sincerely, Ilu'b+ e Don Cash Prevailing Wage Division Enclosures Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION — HEAVY RATES I. DATE: March 24, 2006 DETERMINATION #: 05-386 ' PROJECT: Surge Tank Repainting COUNTY: Washington Fayetteville, Arkansas EXPIRATION DATE: 9-24-06 SURVEY #: 705-AH05 BASIC HOURLY FRINGE CLASSIFICATION RATE BENEFITS Bricklayer/Pointer, Cleaner, Caulker 9.35 Carpenter 14.05 1.75 Concrete Finisher/Cement Mason 13.30 'Electrician/Alarm Installer 13.30 1.00 Ironworker (Including Reinforcing Work) 16.30 Laborer 9.30 ' Pipelayer 9.35 Truck Driver 13.50 ' Power Equipment Operators: Asphalt Paver 12.55 Backhoe, Rubber tired 1 yd. or less 13.90 ' Bulldozer, Finish 15.00 Bulldozer, Rough 10.60 ' Crane, Derrick, Dragline, Shovel & Backhoe 13.05 Distributor 12.35 Front End Loader, Finish 13.70 ' Front End Loader, Rough 10.65 Mechanic 14.70 Motor Patrol, Finish 13.05 ' Motor Patrol, Rough 9.35 Roller 12.40 Scraper, Finish 11.75 ' Scraper, Rough 11.25 Trackhoe 16.73 ' Welders —receive rate prescribed for craft performing operation to which welding is incidental. Certified July 1, 2005 Classifications that are required, but not listed above, must be requested in writing ' from the Arkansas Department of Labor, Prevailing Wage Division. Please call (501) 682-4536 for a request form, I C f■ (50 A � &>a W um 01 0J \ \ = ■2 2 \>- �g2J malt / CA 43) m «=e /\ & 2 §=k& k)V k 2 ®)tk & �' c 7 U m2=a 3C$/ U) I- mfno% %�kf -o O o \t2_ 4-.' §22m* f{/u} \S§ t= 0 W)cn ]agtu ./k /§\k mL» /2// ;2§2 1 '4- — O.0 Ca. z\/ 2§&2 .s°2 -D 1D 77 ] Ln � I- o&G 0- k/ ' z2 k§ <2§ §�N uRi Imm M \§\ It \§2 §�k C Z)� 2 IB§ a. \\_< §/} §�\ V) �&Z \ [�B (9W /4} )k/ §§2 LO E }§/ ( m%E In In }/§ fl§. \0 0 \ \ §3\ Cu25i u§ ( ) 0 -° )Z\ Cr) - a a )�z \ - _ » } U Cu E \ u L± u )xwr ± / C. ) \ F- A E I ' Mike Huckabee Governor I I I H I I I II I I I I Mr. Shannon Jones, P. E. City of Fayetteville 125 W. Mountain Fayetteville, AR 72701 Dear Mr. Jones: STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM • LITTLE ROCK, ARKANSAS 72205-2190 (501) 682-4500 • FAX: (501) 682-4535 • TOO: (800) 285-1131 March 24, 2006 Re: Surge Tank Repainting Fayetteville, Arkansas Washington County Determination #05-386 James L. Salkeld Director Listed below is the minimum rate required for the classification omitted on the above - referenced project. Please be advised that you may object to the department's decision by filing a written objection with the department within five (5) days of receipt of this notice. Classification Basic Hourly Rate Fringe Benefits Painter $9.30 -0- Should you have any questions or if additional classifications are needed, please feel free to contact me at the above -address or call (501) 682-4536. Sincerely, Don Cash Prevailing Wage Division I SECTION 00840 NOTICE OF AWARD Dated Month Dav, Year TO: (Bidder) ADDRESS: OWNER'S PROJECT NO.: PROJECT: You are notified that your Bid dated Month Day. Year, for the above Project has been accepted. You are the apparent successful Bidder and have been awarded a contract for The Contract Price of your Contract is Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within ten (10) days of the date of this Notice of Award, that is by Month Day. Year. ' 00840.doc 1 1. You must deliver to the Owner three (3) fully -executed counterparts of the Agreement. 2. You must deliver with the executed Agreement three (3) full -executed copies of the Performance and Payment Bonds. 3. You must deliver with the executed Agreement three (3) full -executed copies of Certificate of Liability Insurance listing the City of Fayetteville as additional insured. Failure to comply with these conditions within the time specified will entitle Owner to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, Owner will return to you one fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fayetteville (Owner) BY: (Authorized Signature) (Title) END OF SECTION 00840 00840.doc 2 I1 SECTION 00845 NOTICE TO PROCEED Dated: Month Day. Year TO: ADDRESS: OWNER'S PROJECT NO.: PROJECT: You are notified that the Contract Time under the above Contract will commence to run on Month Day, Year. By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 3 of the Agreement, the date of Final Completion is Month Day, Year. Before you start any Work at the site, Paragraph 2.7 of the General Conditions provides that you must deliver to the Owner Certificates of Insurance which you are required to purchase and maintain in accordance with the Contract Documents. ACKNOWLEDGED RECEIPT BY: (Contractor) (Authorized Signature) (Title) City of Fayetteville (Owner) (Authorized Signature) (Title) 00845.doc l 11 I I I Ii I I I I I I I I I I I I SECTION 00900 DESCRIPTION OF UNIT PRICE SCHEDULE ITEMS PART 1- GENERAL 1.01 SCOPE OF WORK A. The work shall consist of furnishing all plant, labor and material in performing all operations in connection with the Project as listed in Section 00310 — Bid Proposal. B. All work shall be completed in strict accordance with the plans and specifications. C. Furnish or construct all items required for this project even if they are not listed on the Unit Price Schedule. PART 2- UNIT PRICES 2.01 GENERAL A. It is the intent of the Unit Price Bid Schedule that aggregate bid amounts as submitted shall cover all costs for labor, material, equipment, and any other items incidental to the unit price items, even if not specifically listed below. B. No costs in connection with work required by the Contract Documents for proper and successful completion of the Contract will be paid outside of or in addition to prices submitted. , C. Each Bid item will be measured and paid for by the units constructed within the various classifications for which prices are stated in the Unit Price Bid Schedule. D. Quantities all based on estimates only. 2.02 EXTERIOR PAINTING A. The Bid Amount for this item shall include the following: I. A single lump sum amount to include the costs associated with work on the exterior of the tank including logo, rigging, blast cleaning, pressure washing, power tool cleaning, paint, materials, application, safety provisions, disposal of non -hazardous wastes, together with all work incidental thereto. 2.03 INTERIOR PAINTING A. The bid amount for this item shall include the following: 1. A single lump sum amount to include the costs associated with work on the interior of the tank including rigging, blast cleaning, paint, materials, application, safety provisions, disposal of non -hazardous wastes, together with all work incidental thereto. - 2. The single lump sum amount shall include the costs associated with disinfection of the tank. The lump sum amount shall include cleaning, I00900.doc I Li chlorine, sampling, and all other work incidental thereto. The Owner will provide to the Contractor without charge the water as required for the initial filling of the tank. If additional fillings are found to be necessary to ' satisfactorily disinfect the tank, the Owner maintains the option of charging the Contractor for this additional water at the icurrent water rates of the Owner. 2.04 TANK REPAIRS A. The bid amount for this item shall include the following: 1. A single lump sum amount to include the costs of all miscellaneous and incidental tank repairs as listed below. a. Stainless Steel Screens b. Manway Hinge and Gasket c. Safety Rails d. Aviation Lights Relocation e. Pit Welding Repairs f. Miscellaneous Caulking g. Anchor Bolt Inspection 2. Anything incidental to this bid item that is necessary to complete the tank repairs according to the Contract Documents. L Li I ii I Li END OF SECTION 00900 ' 00900.doc 2 SECTION 01000 GENERAL REQUIREMENTS AND PROCEDURES PART 1- GENERAL 1.01 WORK INCLUDED A. These specifications govern the project as identified in the Bid Proposal. B. These Specifications are written in imperative and abbreviated form. The imperative language is directed at the Contractor, unless specifically noted otherwise. Incomplete sentences shall be completed by inserting "shall", "the Contractor shall", "shall be", and similar mandatory phrases by inference in the same manner as they are applied to notes on the Drawings. The words "shall be:" shall be supplied by inference where a colon (:) is used within sentences or phrases. Except as worded to the contrary, all indicated requirements shall be performed whether stated imperatively or otherwise. 1.02 DEFINITIONS A. Engineer - The Engineering Department of the City of Fayetteville. B. Provide - Furnish and install, complete in place, operating, tested and approved. C. Products - The materials, systems, and equipment provided by the Contractor. 1.03 SUBSTITUTIONS A. Prebid: Refer to Section 00100. B. Postbid: Refer to Section 00700. oi000.doc t 1.04 SUBMITTALS A. Five copies of submittal documents must be sent to the City of Fayetteville. B. Construction procedures other than those outlined in this specification shall be submitted for approval of the City of Fayetteville. C. Complete specifications covering any unusual or special construction procedures shall be submitted for approval and approval must be received prior to beginning any construction operations. D. A minimum review time of two (2) weeks shall be required on all submittals. END OF SECTION 01000 01000.doc 2 I SECTION 01005 ' WATER TANK REPAINTING ' PART 1 -GENERAL ' 1.01 HISTORY AND DESCRIPTION OF TANK A. The Surge Tank, located on Fitzgerald Mountain in Springdale, has a capacity of ' approximately 235,000 gallons and is located on Woodcliff Road. The tank functions as a buffer for the operation of the high service pumps located at Beaver Water District. The ground storage tank is a welded steel tank with outside tank ' ladder, roof ladder, roof hatch, inside tank ladder, vent, and water level indicator. The tank has a height of approximately 100 feet and has a diameter of approximately 20 feet. The elevated tank was reportedly constructed in 1971 and ' has not been repainted. An area map along with tank photos is provided in Appendix A. ' B. The tank is equipped with City of Fayetteville telemetry equipment operated by OMI. No telecommunications equipment is attached to the tank. The tank site is located in an approximately 100 foot square fenced site with one gate. ' C. A sample of the interior and exterior paint was collected on March 13, 2006 and analyzed on March 21, 2006 for lead content. Lead content of the interior paint system was determined to be 0.069 percent (690 ppm). Lead content of the exterior paint system was determined to be 6.1 percent (61,000 ppm). Testing ' data is provided in Appendix B. D. The Contractor is encouraged to inspect the tank and tank location prior to submitting his bid. 1.02 GENERAL REQUIREMENTS A. The ground storage tank shall be coated in accordance with ANSI/AWWA D102- 03 standard specification for Coating Steel Water Storage Tanks. All exterior and ' interior tank surfaces shall be painted. Paint products listed herein shall be by Tnemec, Kopcoat, Carboline, or approved equal. Color selection shall be determined by the City of Fayetteville. Intermediate coats should be slightly ' tinted so as to provide better definition of coverage by the final coat. All interior wet coatings shall be NSF approved. I I ' 01005.doc I [TT PART 2- EXECUTION 2.01 GENERAL A. Both the interior and exterior surfaces of the tank shall be prepared for painting as follows: Remove all visible oil, grease, soil and other contaminants in accordance ' with SSPC-SPI prior to blast cleaning. Then blast clean all interior surfaces to a near white metal finish in accordance with SSPC-SP 10 and exterior surfaces to a commercial finish in accordance with SSPC-SP6, or better. Establish a blast profile in accordance with the recommendations of the chosen paint manufacturer. B. Abrasive material shall be selected to produce the desired profile, and there shall be no evidence of polished or peened surfaces. The depth of the profile shall be monitored and measured by the use of a Surface Profile Comparator or Profile Tape. C. For the abrasive blast cleaning of the interior and exterior of the tank, the Contractor shall use an abrasive additive that renders lead immobile and is safe for long term sanitary landfill disposal of recycling/refuse, such as PreTox 2000, Blastox, or approved equal. D. Compressed air used for blasting shall be free of oil and water. Adequate traps and separators shall be used to ensure elimination of all contaminants. Blasting shall not be performed when the surface temperature is less than 5°F above the dewpoint to prevent formation of rust bloom. Dewpoint and surface temperature readings shall be taken routinely prior to blasting to help ensure this condition is met. All dust, blasting residual, debris, and contaminants shall be removed from surfaces by high pressure air blast or equal before any of the surfaces are coated. 2.02 CONTAINMENT, COLLECTION, AND DISPOSAL OF BLASTING RESIDUALS A. The Contractor shall prevent the migration of any hazardous blast media, dust, and paint residue onto or from the property of the City of Fayetteville. Containment and collection shall be in accordance with applicable federal, state, and local requirements. B. All paint particles and spent blasting media from the Surge Tank shall be collected and stored on the tank site in DOT approved 55 gallon drums or other substantial containments, in such a manner that the media is fully contained such that it is protected from rain and can't blow or spill onto the ground. Media must be stored in such a manner that rainwater cant percolate through the media, thereby contaminating the ground at the site. C. The City of Fayetteville, accompanied by a representative of the Contractor, will obtain representative samples of residuals from the Surge Tank for laboratory 01005.doc 2 I I I I C L I I I I I I I I I I I testing. The samples will be subjected to the Toxicity Characteristics Leaching Procedure (TCLP) by the laboratory. The City of Fayetteville will transport the samples for the TCLP Testing to an independent laboratory. The Contractor will pay for all TCLP testing. Blasting residuals will be classified as hazardous waste, if after testing by TCLP, the leachate contains any of the elements in the concentrations listed below, or greater: Barium 100 ppm Lead 5 ppm Cadmium 1 ppm Mercury 0.2 ppm Chromium 5 ppm Selenium • 5 ppm Arsenic 5 ppm Silver 5 ppm D. The Contractor's bid price will include all costs associated with the disposal of all blasting residuals. If the waste is found by the TCLP testing to be "hazardous", all required documentation and chain of custody certifications for the transport and disposal of the material in a Hazardous Waste Disposal Facility shall be provided to the City of Fayetteville by the Contractor. E. If the blasting residuals are tested by the TCLP test and determined to be "non- hazardous", the Contractor shall dispose of the material in a licensed sanitary landfill, with full documentation of disposal provided to the City of Fayetteville. If the blasting residuals are determined to be "non -hazardous", the Contractor will not be paid any additional amount as stated in the Bid Form for disposal of hazardous material. F. The Contractor shall be responsible for removing, handling, and disposal of any soil that is contaminated with lead from his operations and replacement with uncontaminated soil. 2.03 APPLICATION OF COATINGS A. The painters shall mix, thin, and apply each coating at the rate and in the manner specified by the paint manufacturer. Deficiencies in film thickness shall be corrected by the application of additional coats. Coatings shall not be applied when temperatures are above or below paint manufacturer's recommendations. Coatings shall not be applied to damp or wet surfaces, or in rain, fog, or mist. Surface temperatures shall be at least 5°F above the dewpoint. Work areas shall be free from air borne dust or contaminants at the time of coating application, and when coating is drying. Painting shall be completed well in advance of the probable time of day when condensation will occur and/or the surface temperature is expected to drop below the minimum acceptable as recommended by the paint manufacturer. B. Finish coats shall be uniform in color and sheen without streaks, runs, sags, laps, or missed areas. Any such defect shall be corrected by the painter with primer or ' 01005.doc 3 C finish coats as required to reach an acceptable condition as approved by the engineer. C. The paint manufacturer's recommended curing time shall elapse before the application of.subsequent coats. Adequate ventilation shall be provided for proper drying and curing of paint on the tank interior. A minimum of 7 days, or longer if recommended by the paint manufacturer, shall elapse before the tank is disinfected, flushed, or filled with water. 2.04 INTERIOR SURFACE COATING A. The interior coating shall conform to Inside Coating System No. 5 as specified in AWWA D102-03. Interior paint must be NSF -61 approved. Immediately after blasting, before any rusting occurs, and within 8 hours maximum, spray apply one coat of Tnemec Series 91-H2O Hydro -Zinc to 2.5 - 3.5 mils DFT. After a minimum drying time of 12 hours spray apply one coat of Tnemec Series 20 Pota- Pox to 4 - 6 mils DFT. As an intermediate step, the Contractor shall roller apply all weld seams with a stripe coat of Tnemec Series 20 Pota Pox to 3 —4 mils DFT. The interior finish coat shall be a spray applied coating of Tnemec Series 20 Pota Pox to 4 - 6 mils DFT. The completed interior coating shall have a minimumS ' acceptable DFT of 10.5 mils when checked with a calibrated magnetic mil thickness gauge. After finish paint has dried, top chime and roof seams shall be caulked with Sikaflex IA. ' 2.05 EXTERIOR SURFACE COATING A. The exterior coating shall conform to Outside Coating System No. 6 as specified in AWWA D102-03. Immediately after blasting, before any rusting occurs, and within 8 hours maximum, spray apply one coat of Tnemec Series 90 - 97 Tnemec Zinc to 2.5 - 3.5 mils DFT. After a minimum drying time of 12 hours, spray or roller apply a second coat of Tnemec Series 66 Hi Build Epoxoline to 2 - 3 mils DFT. The exterior finish coat shall be spray or roller applied Tnemec Series 1074 Endura Shield 11 to 2 - 3 mils DFT. The completed exterior coating shall have a minimum acceptable DFT of 6.5 mils when checked with a calibrated magnetic mil thickness gauge. After finish paint has dried, top chime shall be caulked with Sikaflex IA. I I 01005.doc 4 1 2.06 TANK REPAIRS A. The Contractor shall make the following repairs and additions to the Surge Tank: 1. Prior to painting, the exterior safety climb system shall be removed, protected during painting, and reinstalled after painting. 2. Install new hinge and gasket on sidewall manway. 3. All un-welded lapped roof seams, roof support columns, and other un- welded intersections that cannot be protected with the paint system shall be caulked with Sikaflex IA. 4. Complete pit welding and pit filling for any significant pits. All rough edges and weld burrs shall be ground smooth prior to repainting. 5. New stainless steel screens (24 -mesh) shall be installed on the roof vent and overflow. 6. Two (2) safety rails shall be constructed on top of the tank on either side of the ladder. The safety rails shall be 60 inches wide and 42 inches high with an intermediate horizontal rail. 7. The aviation lights shall be relocated to new safety rail located on the top right side as the tank is climbed. 8 Bottom chime shall be caulked with Silkaflex IA. 9. Anchor bolts shall be inspected and tightened as needed. 2.07 SUBMITTAL REQUIREMENTS A. The Contractor shall submit to the Engineer for review and approval 3 copies of the following items prior to initiating any work under this contract. • 1. Paint manufacturer's descriptive data sheets describing each and every product to be applied; to include solids volume, performance data, and recommendations for mixing, thinning, application, and curing. Interior ' paint must be NSF -61 approved. 2. Color cards showing the color availability for each prime and finish coat. The City of Fayetteville will select the color from the standard range of ' colors; and no blending will be required. 3. Environmental and worker protection plan. ' 2.08 INSPECTION REQUIREMENTS A. The degree of surface preparation and blast profile of surfaces shall conform to ' the specifications. The Contractor shall reference SSPC visual standards and consult TesTex tape to verify anchor patterns. B. Wet film thickness I readings of successive coats shall be taken as soon as possible at a frequency of at least one per 100 square feet. 01005.doc 5 II C. DFT readings shall be taken prior to application of the successive coat with a nondestructive magnetic type mil gauge in accordance with SSPC-PA-2. D. The finish coat shall be visually inspected and shall be free of sags, runs, wrinkles, and other excessive film build characteristics and surface defects. Any and all such defects shall be repaired by the Contractor to the satisfaction of the City of Fayetteville and at no additional cost to the City of Fayetteville. 2.09 PROTECTION AND SAFETY A. The Contractor will ensure the following during tank p 1. Take all precautions necessary to avoid surrounding environment with blast media overspray. All of the Contractor's activities state, and local requirements for environmental ainting. adversely affecting the or paint particle drift or shall comply with federal, pollution control. 2. Plug and protect the tank's inlet/outlet pipes at all times during the execution of work to prevent damage or entrance of blasting media or debris. A detailed Pipe Protection Plan must be submitted to the City of Fayetteville by the Contractor. 3. Protect non-metal surfaces from paint and debris, particularly concrete surfaces. Contractor shall repair any surfaces damaged from inadequate or unsuitable protection. 4. All of the Contractor's equipment and activities on the jobsite must be in compliance with all applicable federal, state, and local laws and regulations. Defective or substandard equipment must not be used. Hoists, rigging, ladders, electrical equipment, scaffolding, and hand or power tools must be in conformance with applicable safety regulations and OSHA requirements. 5. A detailed Worker Protection Plan must be maintained by the Contractor. The Plan must comply with the most current OSHA or other governmental agencies standards for workers exposed to lead, a hostile environment, and working in confined spaces or at dangerous heights. The Plan shall include, but not be necessarily limited to, the following programs that the Contractor shall implement for this work: Employee exposure monitoring Protective work clothing Respiratory protection Housekeeping requirements Personal Hygiene Warning signs Medical surveillance Employee training Verification and documentation of compliance ' o t 005.doc 6 ' I I I I I I 6. Submit Manufacturer's product data sheets as well as Material Safety Data Sheets (MSDS) for all paint, cleaners, solvents, and other products used, and have these documents available for all employees on the jobsite. 7. Ensure all employees are aware of hazards peculiar to this specific jobsite; and are aware of the location of first aid stations, hospitals, and doctor's clinics; and are informed of emergency phone numbers. 8. Contractor shall immediately report to the City of Fayetteville any condition or emergency situation that could pose a threat to the health or welfare to any employee or to the general public in the vicinity of the job site. The City of Fayetteville's local office can be reached as follows: Telephone: 479-575-8206 Fax: 479-575-8202 9. Keep the working area clean and free from trash and debris. Do not allow paper, drink cans, food wrappers, or other debris to accumulate and blow on to adjacent property. ' 2.10 CLEANUP A. Upon completion of the painting operations, the site shall be thoroughly cleaned up. All empty paint containers, debris, and trash shall be collected and transported to a suitable disposal site. No such trash or debris will be disposed of by placement on adjacent property. None will be disposed of by burying on the tank site. 2.11 ITEMS PROVIDED BY CITY OF FAYETTEVILLE AND CONTRACTOR A. The City of Fayetteville will provide at no cost to the Contractor all water that is required for abrasive blasting, washdown, cleanup, and initial disinfection of the tank. The Contractor is responsible for providing all fittings, valves, hoses, and incidentals necessary for the utilization of water furnished by the City of Fayetteville. The Contractor may utilize the fenced tank yard as a staging and laydown area. B. The Contractor shall provide a portable toilet at the job site. The toilet shall be properly maintained and serviced so as to not cause a nuisance. C. The Contractor will pay for all TCLP testing of blasting residuals. L ' 01005.doc 7 II 2.12 PRODUCT DELIVERY, STORAGE AND SAFETY A. The Contractor shall as a requisite to this Contract: 1. Deliver paint and other materials in sealed original -labeled containers, bearing the manufacturer's name, type of paint, brand name, color, lot number designations, and instructions for thinning and applying. 2. Store all materials in a safe and protected place maintained at a temperature of 35° to 110°F. Protect all materials from the elements. 3. Contractor shall take all precautionary measures to prevent fire hazards and spontaneous combustion. 4. Contractor shall provide trash receptacles at the work site so as to prevent , debris, trash, and paper from blowing onto adjacent property. 2.13 GUARANTEE AND INSPECTION ' A. The Contractor will guarantee his work for a period of two years after the date of substantial completion of the work required under this Contract. The Contractor shall repair any defects due to faulty material or workmanship which appear on the tank or accessories during the two year warranty period after the date of substantial completion. B. The Contractor shall attend a first anniversary inspection about 11 months after the date of substantial completion and a second anniversary inspection about 23 months after the date of substantial completion. No separate or special payment will be made to the Contractor for this inspection, or for any repairs needed during the two year period. C END OF SECTION 01005 I FT I H 010os.doc 8 ' H I I H H I I SECTION 01010 WATER TANK DISINFECTION PART1-GENERAL 1.01- GENERAL REQUIREMENTS A. Cleaning and disinfection of the tank shall be preformed after the tank coatings have been allowed to dry for the minimum time specified by the paint manufacturer. The minimum paint drying time shall not be less than 7 days. B. Tank disinfection shall be conducted in accordance with ANSI/AWWA C652-92. PART 2- EXECUTION 2.01 CLEANING IA. Remove all materials that are not part of the structural or operating facilities of the tank. Thoroughly clean and wash the interior walls of the tank, bowl, roof, riser and accessories using a high pressure water jet, sweeping, scrubbing, or equally ' effective means. All water, dirt and foreign material accumulated during the cleaning operation shall be discharged from the tank prior to disinfection. ' 2.02 DISINFECTION H I I [J L I H A. After cleaning, each tank interior shall be disinfected in accordance with Chlorination Method 2 as specified in Section 4.2 of AWWA C652-92 (spray disinfection by solution containing 200 mg/I available chlorine.) No other means of disinfection will be permitted. B. A minimum of two (2) disinfection cycles will be required. 2.03 SAMPLING AND TESTING A. The surge tank acts as a buffer between the high service pumps at the Beaver Water District and the City of Fayetteville transmission system. The tank is empty most of the time. After the completion of the tank repainting project, pressure sustaining valves will be installed downstream of the tank to maintain positive pressure on the transmission system at all times. Until then, the tank will remain empty under normal operating conditions. B. Sampling and testing will not be required. I 01010.doc ¶ANNE IR W MORRIS AVE JAS LN FrI z ¢ N Z W COUNTY LI E RD z ui z OJ F- In MARIGOL AVE o - LL TIER LN O LL z = O Z z 0 U Ill DODDAVE LEALERLN N 0 z 0 Tank . W RANDAL WOBBE LN E RAN OBBE WSurge O zZ 0 REEKAVE w W BAIL PAVE 3 GRAVES N SUE R JO O 0 t- ADCIR ❑ yw BBY LN S O O SUNNYDAL m p GEII OR ma a DR J 02 _ z0 o z 2 0 0 o z LL E MOUNTAIN RD- ________ MEyE ❑ x OA VEF- VE N 0 0 w ❑ L w K a1 0 a } z EHUN S IL EAVEW E O H Z h N JO 0 S w g z 2 >1 7_- _II ______ ≥ M O w EEMMAAVE z h C W GRO E EM D WAVE -� W ALL N V O E ROE VE 3 a Y M PLE VE ~ ¢ Q U j W w O ¢ 0 i- Oy2 ~i T VIEW V (n y TURNBOWAVE N 3 N i W z cZ CAUDLE V a SONS 0)Q U O AR A LEGAT DR 0 m FORD AVE OMMONSA E EL AA E y U EW LT RA VE AV F F P KIMAVE B G E N O w rn Al PORT AVE I R ~ J RRI LN a a w K DR m ESIDR 5'� u~i DRIAN AVE U �O N v W S G� �EEO� N LTON A 0 O RAVE C' WARTPL m OLL = UTHA U PRI ATE OR a J SEYA w a GREG AVE K MESAVE w a m Q w w 4k ❑ a o VE D < E R081NS AVE 0 0 W LL K O F C0 Q VILLAGE L OR 0 1,100 2,200 4,400 6.600 t NORTH I I I n I I C1 I I L I C I I I I I I Surge Tank — Exterior — SCADA Antenna Surge Tank — Interior — Manway Hinge I a i !I I I L LI 'I Li I n I I 'd I L I L I Surge Tank — Exterior - Roof Surge Tank — Exterior — Roof Vent L Surge Tank — Exterior — Aviation Lights Surge Tank — Exterior - Overflow H L1 I I L I 1.1 I I J L L 11 U I I I I Surge Tank — Interior - Ladder I AMERICAN March 21, 2006 ' INTERPLEX ControlPoge16of6 CORPORATION 'City of Fayetteville, Engineering Division ATTN: Mr. Shannon W. Jones - Staff Engineer 125 West Mountain Fayetteville, AR 72701 Dear Mr. Shannon W. Jones - Staff Engineer: ' Project Description: Two (2) paint chip sample(s) received on March 20 Surge Tank This report is the analytical results and supporting information for the samples submitted to American Interplex Corporation '(AIC) on March 20, 2006. The following results are applicable only to the samples identified by the control number referenced above. Accurate assessment of the data requires access to the entire document. Each section of the report has been reviewed and approved by the appropriate laboratory director or a qualified designee. 'Data has been validated using standard quality control measures (blanks, laboratory control samples, spike and spike duplicates) performed on at least 10% of the samples analyzed. Quality Assurance, instrumentation, maintenance and calibration were performed in accordance with guidelines established by the cited methodology. AMERICAN INTERPLEX RPORATION By J n Overbey L oratory Directof IEnclosure(s): www.arnericaninterplex.com ' AMERICAN ' I INTERPLEX CORPORATION LABORATORIES 'City of Fayetteville, Engineering Division 125 West Mountain Fayetteville, AR 72701 CASE NARRATIVE ' SAMPLE RECEIPT Received Temperature: 23°C ' Receipt Verification: Complete Chain of Custody Y Sample ID on Sample Labels Y ' Date and Time on Sample Labels Y Proper Sample Containers Y Within Holding Times Y Adequate Sample Volume Y ' Sample Integrity Y Proper Temperature Y Proper Preservative Y 'COMMENTS There were no qualifiers for this data and all samples met quality control criteria. March 21, 2006 Control No. 98504 Page 2 of 6 ' References: "Methods for Chemical Analysis of Water and Wastes", EPA/600/4-79-020 (Mar 1983) with updates and supplements EPA/600/5-91-010 (Jun 1991), EPA/600/R-92-129 (Aug 1992) and EPA/600/R-93-100 (Aug 1993). ' "Test Methods for Evaluating Solid Waste Physical/Chemical Methods (SW846)", Third Edition. ' "Standard Methods for the Examination of Water and Wastewaters", 20th edition, 1998. "American Society for Testing and Materials" (ASTM). "Association of Analytical Chemists" (AOAC). "Self -Davis and Moore" (2000). 11 C I I11 I ' 8600 Kanis Road • Little Rock, AR 72204 www.amedcaninterplex.com 501-224-5060 • FAX 501-224-5072 ' AMERICAN March 21, 2006 ' I INTERPLEX Control No. 98504 Page 3of6 CORPORAMN LABORATORIES City of Fayetteville, Engineering Division 125 West Mountain Fayetteville, AR 72701 ANALYTICAL RESULTS AIC No. 98504-1 Sample Identification: Surge Tank Outside Fayetteville, AR 3/13/06 Analyte Method Result RL Units Batch Qualifier Lead EPA 3051, 60106 61000 4 ppm S17776 'AIC No. 98504-2 Sample Identification: Surge Tank Inside Fayetteville, AR 3/13/06 Analyte Method Result RL Units Batch Qualifier Lead EPA 3051,60108 690 4 ppm S17776 I C L I Li I I I U I ' 8600 Kanis Road a Little Rock, AR 72204 www.americaninterplex.com 501-224-5060 • FAX 501-224-5072 AMERICAN ' INTERPLEX CORPORATION LABORATORIES City of Fayetteville, Engineering Division 125 West Mountain Fayetteville, AR 72701 SAMPLE PREPARATION REPORT ' AIC No. 98504-1 Date/Time Date/Time Analyte Prepared By Analyzed By Dilution ' Metals 21MAR06 1007 65 21MAR06 1124 65 March 21, 2006 Control No. 98504 Page 4 of 6 Batch Qualifier S17776 AIC No. 98504-2 Date/Time Date/Time ' Analyte Prepared By Analyzed By Dilution Batch Qualifier Metals 21MAR06 1007 65 21MAR06 1026 65 S17776 I I I I I L Il I I I 1 8600 Kanis Road Little Rock, AR 72204 www.americaninterplex.com 501-224-5060 • FAX 501-224-5072 ' AMERICAN ' IINTERPLEX CORPORATION LABORATORIES 'City of Fayetteville, Engineering Division 125 West Mountain Fayetteville, AR 72701 I Analyte Lead H I I I I L 1.J I L LABORATORY CONTROL SAMPLE RESULTS March 21, 2006 Control No. 98504 Page 5 of 6 Spike % % Recovery RPD Amount Recovery Limits RPD Limit Batch Qualifier 5 mg/Kg 95.8/96.4 85-115 0.624 20 S17776 LABORATORY BLANK RESULTS QC Analyte Method Result Units RL Sample Qualifier Lead EPA 3051, 6010B <4 mg/Kg 4 S17776-1 Ti I C ' 8600 Kanis Road • Little Rock, AR 72204 www.americaninterplex.com 501-224-5060 • FAX 501-224-5072 IAlAMERICAN INTERPLEX CORPORATION LABORATORIES City of Fayetteville, Engineering Division 125 West Mountain Fayetteville, AR 72701 QUALITY CONTROL PREPARATION REPORT LABORATORY CONTROL SAMPLES March 21, 2006 Control No, 98504 Page 6 of 6 Date/Time Date/Time QC 'Analyte Prepared By Analyzed By Dilution Sample Qualifier Metals 21MAR061007 65 21MAR061101 65 S17776-2 Metals 21MAR06 1007 65 21 MAR06 1103 65 S17776-3 L 'Analyt Metals I I I I J C I I 1 I LABORATORY BLANKS Date/Time Date/Time Prepared By Analyzed By 21MAR06 1007 65 21 MAR06 1058 65 QC Dilution Sample Qualifier S17776-1 8600 Kanis Road • Little Rock, AR 72204 www.americaninterplex.com 501-224-5060 • FAX 501-224-5072 2@2� k§§o k ��\\ 0w0 \© \/\ 2 • �} �° i # k __ _C .w 2 2 k }§§/�% - )§ •�k / wN LT_k° I. . f • i.o 2 I 2 e444 a w• )$�� I II o • < .f 2 § \ m \ f \ §{°'/ 5 x § .co m o Q 2§ moeeuw0 <02 • § §2 . >/ U 2 %§ COO -.J o \ ���<e�� ('I -o z o02a « �a qo�<m .2 '1 `IL U) I ac �� aD. - .. E�..° 2o • . �3 9 - ` (p11. w&k % ` ` °°I\$\� Q Z 2§ |t_=.\ r. §< ! @ I ® aI \ ka ) m 412 00aa �§/it0.2A� g a.Ja I � r C I Li I I I El I I [J I I J Postal Address P. O. Box 1 Physical Address for UPS or May 3, 2006 Arkansas Department of Health and Human Services Division of Health Paul K. Halverson, DrPH, Director — Environmental Health Branch — Center for 1 -37 Little Rock, AR 72203-1437 1-501-661 4815 West Markham SL, Slot H-37 Little Rock, Mr. Shannon W. Jones, P.E. City of Fayetteville, Engineering Division 125 W. Mountain St. Fayetteville, AR 72701 RE: Surge Tank Repainting City of Fayetteville, Washington County Project # 06-57659 Dear Mr. Jones: EI v GIJ1-661-2032 MAY05 5 2006 ENGINEERING DIV. The plans & specifications for the captioned project have been reviewed and are hereby approved with the following conditions: 1. The Division of Health relied upon the statements and representations made in the engineer's report, plans and specifications. In case any statement or representation in the aforementioned documents is found to be incorrect, this Approval may be revoked. 2. There shall be no deviation from the plans and specifications unless revised plans and specifications have been first submitted for review and written consent given. 3. The review and approval of the plans and specifications were for functional and sanitary features and in no way constitute an analysis of the structural design. 4. If construction on this project is not started within one year of the date affixed hereto, this letter is void. 5. The construction inspection for this project shall be the responsibility of the utility. 6. Safe bacteriological sample results from 2 consecutive days must be obtained before placing the tank back in service. 7. The overflow pipe should be extended to discharge between 12 and 24 inches from grade per Ten States Standards. The purpose of this requirement is to allow for easier inspection and maintenance of the protective insect screen and/or flap valve to prevent potential contamination of the water tank. I I Mr. Shannon W. Jones, P.E. May 3, 2006 Page 2 One set of the plans & specifications is being retained for our files. When submitting correspondence pertaining to this project, please include our reference number 06-57659. ' Sincerely, • Lanc Jones, P.E. Eng�ieer Supervisor Engineering Section RIE LAJ: MY:RD:CSC: my cc: Fayetteville Waterworks I. 1 1 1 1 From: Clarice Pearman To: Jones, Shannon Date: 9.12.06 4:10PM .Subject: Res. 144-06 Shannon, Attached is a copy of the above resolution passed by City Council, September 5, 2006. I will forward to you three of four original agreements with Utility Service Company. I will also forward to audit the purchase requisition. Thanks. Clarice CC: Audit