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HomeMy WebLinkAbout83-09 RESOLUTIONRESOLUTION NO. 83-09 A RESOLUTION TO APPROVE A CONTRACT WITH INTERNATIONAL EQUIPMENT DISTRIBUTORS, INC. IN THE AMOUNT OF $439,500.00 PLUS A $7,500.00 CONTINGENCY FOR DISPOSAL OF MULCH FROM THE ICE STORM CLEAN-UP AND TO APPROVE A BUDGET ADJUSTMENT OF $447,000.00 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 the agreement with International Equipment Distributors, Inc. attached hereto in the amount of $439,500.00, plus a contingency of $7,500.00 for loading, hauling and properly disposing of the mulch from the January ice storm. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached budget adjustment in the amount of $447,000.00 to pay for the contract. PASSED and APPROVED this 16th day of April, 2009. APPROVED: By: ATTEST: By: LIO ELD JO AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 0 SECTION 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND IED, INC. THIS AGREEMENT is dated as of the / 1 day of *rt( / , in the year 2009 by and between the CITY OF FAYETTEVILLE and IED, INC. 1. The IED, INC. shall commence and complete all Work as specified or indicated in the Contract Documents. The WORK is generally described as follows: STORM DEBRIS MULCH DISPOSAL 2. The IED, INC. shall furnish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. 3. The IED, 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. The IED, INC. shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of $2000 for each calendar day thereafter that the WORK is not complete. 4. The IED, INC. agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the PROPOSAL. 5. 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 Proposal 5.5 Bid Bond 5.6 Agreement Between City of Fayetteville and IED, INC. 5.7 Performance and Payment Bond 5.8 General Conditions 5.9 Prevailing Wage Rates 5.10 Notice of Award 5.11 Notice to Proceed 5.12 Project Manual for Storm Debris Services 5.13 Change Orders 6. The CITY OF FAYETTEVILLE shall pay the IED, 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. 00500.doc 1 Temporary Mulch Grinding Site: 8.1 The coordinates of the proposed temporary mulch grinding site are approximately: 619272.37 N 674230.28 E 8.2 The approval of the temporary mulch grinding site shall be contingent upon the following: (a) The property owner shall request rezoning of the property from R -A to I-2 by 4:30 p.m. on Tuesday, April 21, 2009. (b) The City Council rezoning of the property from R -A to I-2 during the April 21, 2009 meeting. (c) The property owner's written assurance to the City of Fayetteville by 4:30 p.m. on Tuesday, April 21, 2009 that the property owner will request a rezoning from I-2 to R -A for this property no later than 120 days after the Notice to Proceed date. 8.3 Contractor shall obtain a stormwater permit from ADEQ for the site. 9. Contract Price. Total Base Price: Four hundred thirty nine thousand and five hundred dollars $ 439,500.00 Amount in Words 10. MISCELLANEOUS Figures 10.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 10.2. 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 00500.doc 2 Item Item Description Est. Oty Unit Unit Extended Amt Price 1 Loading, Hauling, and Disposal of"Single Grind" Mulch 150,000 cy $2.93 $439,500.00 Total Base Price: Four hundred thirty nine thousand and five hundred dollars $ 439,500.00 Amount in Words 10. MISCELLANEOUS Figures 10.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 10.2. 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 00500.doc 2 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. 10.3. City of Fayetteville and IED, 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. 10.4. 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. 10.5. 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. 10.6. 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, IED, INC. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 10.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and IED, 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 IED, INC.. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and IED, INC. or identified by Engineer on their behalf. OWNER CITY OF FAYETTEVILLE tAc.noiY 6,6e. • cV' • E ; Address for giving notices: 113 W. Mountain Fayetteville, AR 72701 Address for giving notices: License No. Agent for service of process: (If IED, INC. is a corporation, attach evidence of authority to sign.) END OF SECTION 00500 00500.doc 4 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2009 Department Division: Program: Citywide Citywide Ice Storm 2009 - FEMA Date Requested Adjustment Number Project or Item Added/Increased: $447,000 is requested in the Contract Services Account. Project or Item Deleted/Reduced: $335,250 is requested from the Federal Grants - Operational account, $55,875 is requested from the State Grants - Operational account, and $55,875 is requested from the Use of Fund Balance account. Justification of this Increase: An ice storm began on January 26, 2009 and continued for several days. The area was declared a national disaster by the President of the United States and the Governor of Arkansas. Justification of this Decrease: Since the area was declared a national disaster, reimbursement from FEMA (75%), Arkansas Department of Emergency Management (12.5%) and use of fund balance (12.5%) in the City's Replacement & Disaster Recovery Fund will be available. Account Name Contract Services Account Name State Grants - Operational Federal Grants - Operational Use of Fund Balance Increase Budget Account Number 4270 9280 Amount 5315 00 447,000 Decrease Budget Account Number 4270 4270 4270 0927 4302 0927 4309 0927 4999 01 01 99 Project Number 09010 0906 Amount Project Number 55,875 09010 0906 335,250 09010 0906 55,875 09010 0906 Division Head Bui3get Director ` Departm t i rector Jew ok Finance Director Ch' • of Staff ayor Date D to Date 4. -a009 Date Date ate Budget & Research Use Only Type: A B C Requested By General Ledger Date Posted to General Ledger Posted to Project Accounting V.090403 E Initial Date Initial Date David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/16/2009 City Council Meeting Date Agenda Items Only Administration Division Action Required. `f I VoG 63 -6%j rnai'ona/ wpm tifslfj6a+)rs, Inc. Administration Department Approval of a contract with International Equipment Distributors, Inc. for $439,500.00, for disposal of mulch resulting from storm cleanup, through a beneficial reuse method, RFP 09-10, and approve a contingency of $7,500 and approve a budget adjustment. 447,000 Cost of this request 4270 9280 5315 00 Account Number 09010-0906 • Project Number 4,000,000 Category / Project Budget ICE FEMA (2009 Ice Storm Reimb) Program Category / Project Name 3,400,316 Ice Storm 2009 - FEMA Funds Used to Date Program / Project Category Name $ 599,684 Remaining Balance Budgeted Item Budget Adjustment Attached lbs' Date Depart t Direcfr uu jathl City Atto ey Date 4-I6•7pe9 Finance and Internal Services Director Date XX Replacement 8 Disaster Rec Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Comments: Revised January 15, 2009 YeMle ARKANSAS CITY COUNCIL AGENDA MEMO City Council Meeting of 16 April 2009 To: Fayetteville City Council Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff From: David Jurgens, Utilities Director Date: 9 April 2009 Imso Subject: Approval of a contract with Intern' tional Equipment Distributors, Inc. for $439,500.00, for disposal of mulch resulting from storm cleanup, through a beneficial reuse method, RFP 09-10, and approve a contingency of $7,500 and approve a budget adjustment RECOMMENDATION City Administration recommend approval of a contract with Intemational Equipment Distributors, Inc. for $439,500.00, for disposal of mulch resulting from storm cleanup, through a beneficial reuse method, RFP 09-10, and approve a contingency of $7,500 and approve a budget adjustment. BACKGROUND This contract provides for services including but not limited to loading, hauling and disposal through a beneficial reuse method, approximately 150,000 cubic yards of mulch resulting from storm cleanup. The mulch is currently located at three temporary disposal sites, listed in priority: • Noland Wastewater Treatment Plant, 1400 North Fox Hunter Road, Fayetteville, AR, 72701 • West Side Wastewater Treatment Plant, 5 South 54th Avenue, Fayetteville, AR, 72701 • Water and Sewer Operations Center, 2435 South Industrial Drive, Fayetteville, AR, 72701 Per the City's ADEQ permit the City's debris disposal sites must be closed and restored by May 27, 2009. Thus, all mulch is required to be removed no later than May 20, 2009 DISCUSSION The City received 3 proposals on April 15, 2009 for this project; the bid tab is attached. The removal will be begin within 72 hours from issuance of the Notice to Proceed, with all debris disposal activities conc Contractor Proposal International Equipment Distributors $439,500 J. B. Hunt $544,500 DRC Emergency Services $771,000 The selection criteria were: 1) Qualifications in relation to scope of work = 20% 2) Experience, competence and capacity for performance = 15% 3) Proposed final disposition method = 30% 4) Past performance = 15% 5) Price = 20% The committee evaluated proposers on April 16. Based on the above criteria, the Committee selected International Equipment Distributors to perform the services. BUDGET IMPACT This project is eligible for the same FEMA reimbursement as the other debris removal projects. M ulchRemovaCCMemo9Apro9 RESOLUTION NO. A RESOLUTION TO APPROVE A CONTRACT WITH INTERNATIONAL EQUIPMENT DISTRIBUTORS, INC. IN THE AMOUNT OF $439,500.00 PLUS A $7,500.00 CONTINGENCY FOR DISPOSAL OF MULCH FROM THE ICE STORM CLEAN-UP AND TO APPROVE A BUDGET ADJUSTMENT OF $447,000.00 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 the agreement with International Equipment Distributors, Inc. attached hereto in the amount of $439,500.00, plus a contingency of $7,500.00 for loading, hauling and properly disposing of the mulch from the January ice storm. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached budget adjustment in the amount of $447,000.00 to pay for the contract. PASSED and APPROVED this 16th day of April, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E SMITH, City Clerk/Treasurer Judging Criteria (20) Financial savings Payback period of capital expenses Energy and utility savings Avoided or reduced maintenance Increased reliance on cheap and clean energy sources (20) Energy Savings Calculated in kWh equiv and MMBtu equiv (20) Environmental Impacts Greenhouse gas emissions reductions Hazards, toxicity, and waste Impacts on air quality Impacts on water Impacts on biodiversity (15) Social and community sustainability Allocates costs and benefits fairly to faculty, staff, and students Promotes and develops improved town -gown relations Improves the quality of life on campus and health of campus users (15) Marketable/acceptable To students To deans, directors, and building execs To the UA Board of Trustees To banks and other sources of finance To local, regional and state politicians (5) Comprehensive Addresses building energy, transportation energy, water conservation, waste management, land stewardship, and social sustainability (5) Practical Major components can be implemented within a year SECTION 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND IED, INC. THIS AGREEMENT is dated as of the day of rn the year 2009 by and between the CITY OF FAYETTEVILLE and IED, INC. 1. The IED, INC. shall commence and complete all Work as specified or indicated in the Contract Documents. The WORK is generally described as follows: STORM DEBRIS MULCH DISPOSAL 2. The IED, INC. shall famish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. 3. The IED, 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. The IED, INC. shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of $2000 for each calendar day thereafter that the WORK is not complete. The IED, INC. agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the 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 Proposal 5.5 Bid Bond 5.6 Agreement Between City of Fayetteville and IED, INC. 5.7 Performance and Payment Bond 5.8 General Conditions 5.9 Prevailing Wage Rates 5.10 Notice of Award 5.11 Notice to Proceed 5.12 Project Manual for Storm Debris Services 5.13 Change Orders 6. The CITY OF FAYETTEVILLE shall pay the IED, 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 00500.doc 1 8. Temporary Mulch Grinding Site: 8.1 The coordinates of the proposed temporary mulch grinding site are approximately: 619272.37 N 674230.28 E 8.2 The approval of the temporary mulch grinding site shall be contingent upon the following: (a) The property owner shall request rezoning of the property from R -A to I-2 by 4:30 p.m. on Tuesday, April 21, 2009. (b) The City Council rezoning of the property from R -A to I-2 during the April 21, 2009 meeting. (c) The property owner's written assurance to the City of Fayetteville by 4:30 p.m. on Tuesday, April 21, 2009 that the property owner will request a rezoning from 1-2 to R -A for this property no later than 120 days after the Notice to Proceed date. 8.3 Contractor shall obtain a stormwater permit from ADEQ for the site. 9. Contract Price Item Item Description Est. Qty Unit Unit - Extended Amt Price 1 Loading, Hauling, and Disposal of"Single Grind" Mulch 150,000 cy $2.93 $439,500.00 Total Base Price: Four hundred thirty nine thousand and five hundred dollars $ 439,500.00 Amount in Words 10. MISCELLANEOUS Figures 10.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 10.2. 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 wntten 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 00500.doc 2 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. 10.3. City of Fayetteville and IED, 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. 10.4. 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. 10.5. 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. 10.6. 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, IED, INC. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 10.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and IED, 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 IED, INC.. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and IED, INC. or identified by Engineer on their behalf. OWNER IED, INC. CITY OF FAYETTEVILLE BY Mayor Lioneld Jordan [CORPORATE SEAL] ATTEST 00500.doc BY [CORPORATE SEAL] ATTEST 3 Address for giving notices: 113 W. Mountain Fayetteville, AR 72701 Address for giving notices: License No. Agent for service of process: (If IED, INC. is a corporation, attach evidence of authority to. sign.) END OF SECTION 00500 00500.d« 4 PROJECT MANUAL RFP 09-10, STORM DEBRIS MULCH DISPOSAL FAYETTEVILLE, ARKANSAS PROJECT NUMBER 09010.0906 7 APRIL, 2009 00001.doc 1 SECTION TABLE OF CONTENTS TITLE NO. OF PAGES 00001 Title Pages 2 00010 Table of Contents 2 00020 Request for Proposal 2 00100 Information for Proposers 8 00212 Supplemental Information for Proposers 12 00300 Statement of Disclosure 4 00301 Debarment, Suspension, and Other Responsibility Matters 4 00305 Primary Contacts 4 00310 Proposal 4 00311 Proposer's Statement of Subcontractors 2 00312 Bid Bond 2 00420 Statement of Proposer'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 General Conditions 24 00830 Prevailing Wage Rates — Davis Bacon 6 00840 Notice of Award - Sample 2 00845 Notice to Proceed -Sample 2 00900 Description of Unit Price Schedule Items 2 Appendix A — Example Daily Haul Records 4 Appendix B — Example Load Ticket 2 Appendix C — Example Truck Placard 2 000I0.doc SECTION 00020 NOTICE OF REQUEST FOR PROPOSAL City of Fayetteville, Arkansas RFP 09-10, STORM DEBRIS MULCH DISPOSAL The City of Fayetteville, Arkansas, invites qualified firms to submit proposals for services including but not limited to Loading, Hauling, and Disposal of "Single Grind" Mulch. To be considered, proposals must be received at the City Administration Building, City Hall, Purchasing — Room 306, 113 West Mountain, Fayetteville, Arkansas before Wednesday, April 15, 2009 at 11:00 AM, Central Standard Time. At this time, the names of all proposers shall be read aloud, however no other information will be provided. No late proposals shall be accepted or opened. Proposal forms must be downloaded from the City's web site at http://www.accessfayetteville.org. All questions regarding the RFP process should be directed to Andrea Foren at aforenRci fayetteville.ar.us or (479)575-8220. Proposers shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Bid security in the form of a certified or bank cashier's check drawn from a bank located within the State of Arkansas or a Bid Bond in the amount of 5% of Proposal Amount of contract shall accompany each Proposal in accordance with the Instructions to Proposers. A 100% performance and payment bond is required after contract award. Pursuant to Ark. Code Annotated 22-9-203, the City of Fayetteville encourages all qualified small, minority and women business enterprises to propose and receive contracts for goods, services, and. construction. Also, City of Fayetteville encourages all prospective proposers to subcontract portions of their contract to qualified small, minority, and women business enterprises. 00020.doc 1 The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein, and all Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any Proposer because of such rejections, nor shall the Proposers seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Proposal in response to this invitation shall constitute an agreement of the Proposer to these conditions. By: Andrea Foren, CPPB Title: Purchasing Agent END OF SECTION 00020 00020.doc 2 SECTION 00100 INFORMATION FOR PROPOSERS 1.) All proposers shall provide copies of references, licenses, proof of adequate insurance, and bonding. 2.) All proposers shall be in compliance with all Federal, State, and Local requirements and regulations. 3.) Should multiple mulch disposal alternatives be included with this proposal, each shall be described on separate Proposal Documents (Section 00310). 4.) Basic Scope of Work. a) This invitation covers the requirements for loading, hauling and disposal through a beneficial reuse method, of "Single Grind" mulch resulting from storm cleanup as described hereunder (Services). b) The Services consist of approximately 150,000 cubic yards of "single grind" mulch. The quantity of mulch referenced is strictly a "best guess" estimate and actual quantities may vary. Proposals for partial volumes of no less than 50,000 cubic yards will be considered. c) The mulch is currently located at the three (3) locations listed hereunder: (1) Noland Wastewater Treatment Plant, 1400 North Fox Hunter Road, Fayetteville, AR, 72701 (2) West Side Wastewater Treatment Plant, 5 South 54th Avenue, Fayetteville, AR, 72701 (3) Water and Sewer Operations Center, 2435 South Industrial Drive, Fayetteville, AR, 72701 5.) Upon award, the Contractor shall: a) Load, haul and dispose of all "single grind" mulch to an energy producing facility, recycling facility, or any other beneficial reuse method(s) of disposal recognized and approved by the City of Fayetteville. b) Provide to the City documented evidence of the final disposition and/or disposal of all mulch. c) Begin Services within three (3) days after award and complete the Work no later than May 20, 2009. 00100.doc 1 d) Possess and maintain all local, state and federal licenses and certifications applicable to the Services described herein. 6.) Awarded contractor shall use load ticket requirements to record with specificity (e.g., street address) where mulch is picked up and the amount picked up, hauled, and disposed of. Awarded contractor shall provide all documentation and information on load tickets as provided by Solid Resources, Inc. 7.) All payment provisions in proposal form and invoicing shall be based on unit prices, on a per cubic yard basis. 8.) No payments or bids may be based on time and material costs. 9.) Awarded contractor shall submit invoices regularly and for no more than thirty (30) day periods. Invoices shall be submitted for each calendar month and shall be submitted no later than the 10th of the following month. 10.) Contract(s) resulting from this bidding document may be terminated for convenience at any time for any reason. 11.) The undersigned proposer agrees that twenty percent (20%) 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. 12.) Awarded contractor shall use mechanical equipment to load mulch into the trucks and trailers. 13.) Awarded contractor shall provide a safe working environment. 14.) All contract amendments and modifications shall be made in writing and properly approved by the City of Fayetteville Mayor and City Council. 15.) Awarded contractor shall obtain adequate payment and performance bonds and insurance coverage as described in this document. 16.) A 5% bid bond shall be submitted with all proposals. Bid bond percentage shall be figured on total amount of work proposed. After contract award, contractor shall provide the following: a. Adequate Certificate of Insurance, listing the City of Fayetteville as an additional insured b. 100% performance and payment bond based on awarded contract dollar amount from the City of Fayetteville. c. A safety action plan covering all aspects of the contractor's operations ooioo.doc 2 17.) No Proposer shall claim to be "FEMA Certified". FEMA does not certify, credential, or recommend debris contractors. 18.) No contractor or bidder shall make eligibility determinations in relation to FEMA; only FEMA has appropriate authority. 19.) This contract and bid may be used to "piggyback" with other entities so long as piggybacking does not jeopardize FEMA funding, 20.) Proposals shall be received at the address listed below and are due by Wednesday, April 15, 2009 at 11:00 AM, Central Standard Time: City of Fayetteville Attention: Andrea Foren — Room 306 113 W. Mountain Fayetteville, AR 72701 21.) It is the responsibility of the Proposer to have its sealed proposal at the Purchasing Office prior to the date and time of opening. No late proposals will be accepted. Proposals received after the scheduled proposal deadline will remain unopened and will not be considered. 22.) The City of Fayetteville reserves the right to reject any or all proposals, waive formalities and make the award based on the best interest of the City. 23.) It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. 24.) Any inquiries or requests for explanation in regard,to the City's requirements should be made promptly to Andrea Foren, City of Fayetteville, Purchasing Agent via e-mail (aforen(�,ci.fayetteville.ar.us) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. 25.) Any conditions or expectations on the part of the Proposer for performance by the City must be set forth in the proposal. The City is not obligated to consider the Proposer's post submittal terms and conditions. 26.) At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each proposer shall submit to the City a primary contact name, e-mail ooloo.doc 3 address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. THIS INFORMATION SHALL BE PROVIDED ON THE ATTACHED FORM TITLED "PROPOSER PRIMARY CONTACT INFORMATION". Proposer's primary contact shall be available for phone and a -mail clarification from the hours of 8:00AM to 8:00 PM for the following dates: Wednesday, April 15, 2009, Thursday, April 16, 2009 and Friday, April 17, 2009. 27.) The City will not be responsible for misdirected proposals. Proposer should call the Purchasing Office at (479) 575-8220 to insure receipt of their proposal documents prior to opening time and date listed above. 28.) Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and test requirements, but is not intended to limit a RFP's content or to exclude any relevant or essential data. 29.) The RFP and any addenda issued may be obtained from at www.accessfayetteville.org and clicking "Bids, RFP's and RFQ's" then selecting the tab titled "RFP's". Proposers are at liberty and are encouraged to expand upon the details, qualifications and proposals to give additional evidence of their ability to perform and provide a system as described in this RFP. All updates and changes to the RFP will be posted on the website and Proposers are encouraged to check daily for new information or updates. Each Proposer is required before submitting a proposal to be thoroughly familiar with the requirements and specifications listed in this RFP. Additional allowances will not be made due to Proposers' lack of knowledge relating to the terms, conditions and specifications contained within this RFP. It is the responsibility of the Proposer to determine if any component(s) of this specification do not meet the required standards of applicable federal, local, state law or specifications. 30.) The proposal must contain the signature of a duly authorized officer or agent of the Proposer's company empowered with the right to bind and negotiate on behalf of the Proposer for the amounts and terms proposed. 31.) ***The Proposer is required to submit one (1) original and ten (10) copies of the proposal. In addition, one (1) electronic copy of all submitted documents shall be submitted on a properly labeled CD. The use of Adobe (PDF) is highly recommended but not mandatory. All electronic copies shall be compatible with Adobe and Microsoft Windows applications. 32.) It is intended that all documents pertaining to this request for proposal shall define and describe the complete services to which they relate. 33.) The Proposer is advised to examine all documents and current parameters of the services in becoming fully informed as to their conditions. This includes the conformity with specific ooloo.doc 4 standards and the character, quality and quantity of the reports and services required. Failure to examine these areas will not relieve the successful Proposer of his obligation to furnish all deliverables and services necessary to carry out the provisions of the contract. 34.) The City of Fayetteville will consider the degree to which each Proposer has submitted a complete proposal without irregularities, excisions, special conditions, or alternative proposals for any item unless specifically requested in the RFP. 35.) Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. 36.) The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of Assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. 37.) The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, County, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 38.) Proposer shall at all times observe and comply .with all such existing and future laws, ordinances and regulations, and shall protect and indemnify City of Fayetteville and its agents against the violation of any such law, ordinance, regulation, order or decree, whether by himself/herself or by his/her employees. Licenses of a temporary nature, necessary for the prosecution of the services shall be secured and paid for by the successful Proposer. 39.) All work performed under this contract shall be completed as follows. a. All mulch shall be removed prior to May 20, 2009. Liquidated damages will be assessed after May 20, 2009 at a rate of $2,000 per day for each site from which all mulch has not been removed. 001 00.doc 5 40.) The City of Fayetteville reserves the right to deviate from estimated quantities presented on these forms. 41.) Several sample forms are attached. Awarded Contractor agrees to use these forms or any other form as instructed by the City to assure proper and adequate documentation, security, etc. 42.) Awarded Contractor shall submit a safety action plan covering all aspects of the contractor's operations at the same time Contractor submits bonding and insurance documents. The City will utilize the Professional Services Selection Policy & Procedure of the City (PU-13) to select the contractor. A professional selection committee will select the most qualified firm for the job by grading the firms based on the following percentage point structure: a) Qualifications in relation to scope of work = 20% b) Experience, competence, & capacity for performance = 15% c) Proposed final disposition method = 30% d) Past performance = 15% e) Price = 20% The submitted proposals will be reviewed by a Professional Selection Committee. The Committee will make a recommendation to the Fayetteville City Council for the selected contractor. The selected contractor will be expected to enter into a contract with the appropriate engagement provisions. 43.) Other Considerations & Reservations: a) All proposals should be concise and limited to 20 pages of written text, with an appendix listing past projects (which will not count toward 20 page limit). Proposers shall also submit all required documents, as instructed in this RFP. Section 00300 — Statement of Disclosure Section 00301 — Debarment, Suspension, and Other Responsibility Matters Section 00305 — Primary Contacts Section 00310— Proposal Section 00311 — Proposer's Statement of Subcontractors Section 00312 — Bid Bond Section 00420 — Statement of Proposer's Qualifications These documents do not count towards the 20 page limit. All Proposers should include a 3 page maximum executive summary. The executive summary does not count toward the 20 page limit. 00100.doc 6 SECTION 00212 SUPPLEMENTAL INFORMATION FOR PROPOSERS 1.0 GENERAL The purpose of this contract is for loading, hauling and disposal of "single grind" mulch resulting from storm cleanup. 2.0 GENERAL SCOPE OF SERVICES 2.1. The Contractor shall provide for removal of mulch from the debris sites, and disposal for a beneficial reuse application. 2.2. The Services consist of approximately 150,000 cubic yards of "single grind" mulch. The quantity of mulch referenced is strictly a "best guess" estimate and actual quantities may vary. Proposals for partial volumes of no less than 50,000 cubic yards will be considered. The unit price on the individual bid schedules will be used for payment. The mulch is currently located at the three (3) temporary disposal sites listed hereunder: (1) Noland Wastewater Treatment Plant, 1400 North Fox Hunter Road, Fayetteville, AR, 72701 (2) West Side Wastewater Treatment Plant, 5 South 54th Avenue, Fayetteville, AR, 72701 (3) Water and Sewer Operations Center, 2435 South Industrial Drive, Fayetteville, AR, 72701 2.3. The mulch shall be delivered to the approved final disposition locations as agreed. All necessary permits shall be obtained by the Contractor. 2.4. The estimated amount of mulch to be removed under this contract is shown on the proposal, but not guaranteed. 2.5. The Contractor shall document the current conditions of all roadways, temporary disposal sites and all structures to remain in the mulch removal area. In addition, all roadways and sidewalks along the haul routes shall be documented. A representative of the City of Fayetteville or designee shall be present during this inspection. The Contractor shall provide photographic and/or video documentation. The documentation shall be submitted to the City of Fayetteville prior to beginning the work. 2.6. No mulch shall be burned under this contract, unless approved in writing by the City of Fayetteville. 00212.doc 2.7. The Contractor shall conduct the work so as not to interfere with the disaster response and recovery activities of federal, state, and local governments or agencies, or of any public utilities. 2.8. The City of Fayetteville and its contracting agents reserve the right to inspect the site, verify quantities and review operations at any time. 2.9. All work shall be accomplished in a safe manner in accordance with City of Fayetteville, Arkansas Department of Labor and OSHA standards. 3.0 LOAD TICKETS 3.1. Load Tickets shall be used for recording the cubic yard volume of mulch removed for disposal. A copy of the load ticket shall be supplied by Solid Resources Inc. A sample load ticket is included as an attachment. 3.2. Each ticket shall contain the following information: • Ticket Number • Contract Number • Contractor Name • Date • Truck or Roll -off Number • Truck Capacity • Point of Mulch Collection • Loading Departure Time • Dump Arrival Time • Percent of Load • Actual Mulch Volume 3.3 A minimum four-part load ticket will be issued by a City monitor prior to transport of the mulch from the temporary disposal site. The City monitor will verify the hauler and equipment and establish a percent of truck capacity of the eligible cubic yardage of mulch. After documenting percentage to the nearest 5%, the City monitor will calculate the actual cubic yardage of the load. The actual cubic yard will be recorded on the load ticket by the City monitor to the nearest cubic. yard. The City monitor will document the data on the load ticket. The City monitor will give two copies to the vehicle operator. Two copies are kept by the City monitor. The load tickets shall be submitted with the daily operational report. 4.0 PERFORMANCE SCHEDULE 4.1. The Contractor shall commence performance within seventy two (72) hours of receipt of Notice to Proceed. 00212.doc 2 4.2. Prior to commencing mulch removal operations a contractor shall, at the City of Fayetteville's direction, provide a removal progress schedule showing where operations will begin and volume of mulch be removed on a 7 and 14 day projection. The plan shall be updated weekly and provided to the City weekly basis, no later than noon Wednesday. 4.3. All activity associated with mulch hauling operations shall be performed during daylight hours. The contractor may work 7 days per week including holidays or as directed by City of Fayetteville. The Contractor may work more than ten (10) hours per day if approved, provided all work is performed during daylight hours. 4.4. Date for final completion for all mulch removal shall be May 20, 2009, unless the City of Fayetteville initiates additions or deletions to the contract by written change order. Both parties pursuant to applicable city, county, state and federal law will equitably negotiate subsequent changes in cost and completion time. 4.5. Liquidated damages shall be assessed at a rate of $2,000 per calendar day per mulch collection site. 5.0 EQUIPMENT 5.1. All trucks and other equipment must comply with all applicable federal, state, and local rules and regulations. All trucks and other equipment shall be equipped with back up alarms. Any truck used to haul mulch must be capable of rapidly dumping its load without the assistance of other equipment. Sideboards or other extensions to the bed are allowable provided they meet all applicable rules and regulations, cover the front and both sides, and are constructed in a manner to withstand severe operating conditions. The sideboards are to be constructed of 2" by 6" boards or greater and shall not to extend more than two feet above the metal bedsides. All extensions are subject to acceptance or rejection by the City of Fayetteville. The contractor shall provide means to rapidly unload any trailer that does not have a means for dumping. All trailers shall have a metal -framed exterior and a minimum of 5/8" plywood (not wafer board) interior walls. All equipment used to haul mulch shall be equipped with a tailgate that will effectively contain the mulch during transport and permit the truck to be filled to capacity. Plastic webbing is not acceptable for a tailgate. All hauling equipment shall be measured and marked for its load capacity. The Contractor is responsible for ensuring all loading and transport equipment complies with state and local laws. The Contractor shall inspect all equipment prior to use. The City of Fayetteville will provide a form for this purpose. 5.2. Trucks and other heavy equipment designated for use under this contract shall be equipped with two signs, one attached to each side. These signs shall be furnished by the Contractor. The signs shall be approved by the City of Fayetteville. Magnetic signs are not permitted. The signs shall contain the following information: • Company Name • Truck Number 00212.doc 3 • Cubic Yardage with or without sideboards • Inspector's Name and Date An example sign is included as an attachment. 5.3. Prior to commencing mulch hauling operations, the Contractor shall present to the City of Fayetteville all trucks, trailers, or containers that will be used for hauling mulch. Each truck or trailer will be measured to determine the load capacity. Each truck or trailer shall be numbered and clearly display the load capacity for identification with a permanent marking. The City of Fayetteville or its designee may, at any time, request that the trucks be re -measured. The Contractor shall notify the City of Fayetteville each time a new truck, trailer or container is to be used under this contract. No capacity can exceed 100% of the measured volume. 5.4. Trucks or equipment which are designated for use under this contract, shall not be used for any other work during the working hours of this contract. The Contractor shall not solicit work from private citizens or others to be performed in the designated work area during the period of this contract. Under no circumstances will the Contractor mix mulch hauled for others with mulch hauled under this contract. 5.5. Loading equipment used under this contract shall be rubber tired and sized properly to fit loading conditions. Excessive size loading equipment (6 CY and up) and non -rubber tired equipment must be approved by the City of Fayetteville. 5.6. The Contractor shall be responsible for traffic control, dust control, on -site roadway maintenance, and security and safety measures for each temporary disposal site AFTER all storm debris has. been chipped into mulch by the storm debris removal contractor (DRC Emergency Services). 6.0 REPORTING 6.1. The Contractor shall submit a report to the City of Fayetteville each day for the term of the contract. A sample daily haul record is attached. Each report shall contain, at a minimum, the following information: • Contractor's Name • Contract Number • Truck Number • Location of work • Day of Report • Daily and cumulative totals of mulch removed, by category 6.2. Discrepancies between the daily operational report and the corresponding load tickets shall be reconciled no later than the following day. 00212.doc 4 6.3. The Contractor shall provide the City with a weekly report outlining the status of all damage concerns and claims. 7.0 OTHER CONSIDERATIONS 7.1. The Contractor shall supervise and direct the work, using skillful labor and proper equipment for all tasks. Safety of the Contractor's personnel and equipment is the responsibility of the Contractor. Additionally, the Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract. 7.2. The Contractor shall be duly licensed in accordance with city, state, and county statutory requirements to perform the work. 7.3. The Contractor shall be responsible for taking corrective action in response to any notices of violations issued as a result of the Contractor's or any subcontractor's actions or operations during the performance of this contract. Corrections for any such violations shall be at no additional cost to the City of Fayetteville. 7.4. The Contractor is responsible for obtaining all applicable environmental and regulatory permits prior to the Contractor commencing operations. 7.5. The Contractor is responsible for dust control. The Contractor shall be in compliance with all state and local requirements for dust control. 7.6. The City of Fayetteville may suspend contractor operations due to inclement weather. 7.7. The Contractor shall employ as many local residents and subcontractors as possible as part of this contract. 8.0 FINAL DISPOSITION Final disposition of the mulch is a critical factor in the selection process. If at all possible, the mulch should be disposed of in a local beneficial reuse application (followed by a non -local beneficial reuse application if no local application is available). 9.0 MEASUREMENT Measurement for all debris removed shall be as shown on the Proposal. 10.0 BONDING AND INSURANCE 10.1. Prior to signing of contract, Contractor agrees to furnish the City of Fayetteville with all applicable certificates of insurance, listing the City of Fayetteville as an additional insured. Within 24 hours following signing of contract, Contractor shall provide copies of insurance policies including all endorsements. In addition, a 100% performance and 00212.doc 5 payment bond equal to the contract amount is required within 24 hours of award of the contract. The contractor shall be able to cover expenses associated with a major recovery operation prior to the initial payment and between subsequent payments as well as the aforementioned bonds and insurance. Contractor mobilization costs will not be paid if the Contractor is unable to obtain bonding. 10.1.1 Worker's Compensation A. State: Statutory B. Applicable Federal: Statutory C. Employer's Liability: $500,000 10.1.2 Comprehensive General Liability Insurance, includes Completed Operations: A. Bodily Injury Liability: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate B. Property Damage Liability: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate 10.1.3 Contractual Liability Insurance: A. Bodily Injury Liability: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate B. Property Damage Liability: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate 10.1.4 City of Fayetteville's and Contractor's Protective Liability Insurance: A. Bodily Injury Liability: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate B. Property Damage Liability: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate 10.1.5 Automobile Liability: A. Bodily Injury Liability: 00212.dm 6 $1,000,000 Each Person $2,000,000 Annual Aggregate B. Property Damage Liability: $ 250,000 Each Occurrence 10.2. The Contractor shall save and hold the City of Fayetteville harmless from and against all liability, claims and demands on account of personal injuries (including without limitation workmen's compensation and death claims) or property loss or damages of any kind whatsoever, which arise out of or be in any manner connected with, or are claimed to arise out of or be in any manner connected with, the performance of this contract, regardless of whether such injury, loss or damage shall be caused by, or be claimed to be caused by, the negligence or other fault of the Contractor, any subcontractor, agent or employee. 11.0 PAYMENT 11.1. Payment for work completed may be invoiced on a monthly basis. Invoices shall be based on reconciled load tickets from the daily operational reports. Payment will be based on the unit pricing submitted by the contractor in the attached PROPOSAL. The City of Fayetteville will pay all invoices net 30 days from the date of receipt of invoice. 11.2. Time is of the essence to the performance hereunder and the City of Fayetteville shall recover from the Contractor any delay costs caused by the acts or omissions of the contractor or its agents. Except as otherwise provided herein, payment shall be made for actual work accepted and completed. If the Contractor has not been paid within thirty days following the date of hand delivery to the City of Fayetteville authorized agent of said invoice, the Contractor shall also be paid a late payment charge consisting of interest calculated at the rate of one and on -half percent per month calculated from the expiration of the thirty day period until fully paid. Payment made is based on the post mark date or hand delivery date. No late payment interest shall be due and owing for payments withheld in good faith for reasonable cause. 11.3. The City of Fayetteville authorized agent shall retain a percentage of said payment equal to 5% of the value of each pay estimate. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. 11.4. The City of Fayetteville may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. 00212.doc 7 11.5. Final payment, less any offsets or deductions authorized hereunder or by law, shall be made within thirty days of the certification of completion of the project by the City of Fayetteville authorized agent provided the Contractor has completed filing of all contractually required documents and certifications with the City of Fayetteville authorized agent including acceptable evidence of the satisfaction of all claims or liens. 12.0 PRIORITY OF WORK 12.1. The Contractor shall schedule his work in the most efficient manner possible, provided the following priorities. (1) Noland Wastewater Treatment Plant, 1400 North Fox Hunter Road, Fayetteville, AR, 72701 (2) West Side Wastewater Treatment Plant, 5 South 54th Avenue, Fayetteville, AR, 72701 (3) Water and Sewer Operations Center, 2435 South Industrial Drive, Fayetteville, AR, 72701 12.2 The contractor may work at all three sites simultaneously, but the priority of mulch removal shall conform to the above ranking. 13.0 CHANGES, ADDITIONS, DEDUCTIONS, AND EXTRA WORK Upon proper action by the Fayetteville City Council and Mayor, the City of Fayetteville's authorized agent may authorize changes, additions or deductions from the work to be performed by written notice to the Contractor. No extra work shall be done or any obligation incurred except upon written order by the City of Fayetteville's authorized agent. If any change causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, the City of Fayetteville's authorized agent, with Fayetteville City Council and Mayor Approval, shall make an equitable adjustment and modify the contract in writing. 14.0 WARRANTIES AND REPRESENTATIONS 14.1. This contract is binding upon and inures to the benefit of the City of Fayetteville and is the whole agreement of the parties and governed by the Law of the State of Arkansas. Arkansas law shall prevail in all cases at all times. 14.2. The Contractor shall comply with all Federal, State, County, and municipal laws, ordinances, and regulations. The Contractor shall not discriminate against any employee or applicant due to sex, race, color, creed, national origin or ancestry. The Contractor further certifies he is eligible to perform this contract under local and Federal law, is not 00212.doc 8 now and has never been debarred from performing Federal or State government contracts and that all subcontractors used in the performance of this contract have the same qualifications. The attached debarment suspension form shall be included as part of the proposal. 15.0 DEFICIENCIES, CORRECTIVE ACTIONS AND DEDUCTIONS 15.1. When the Contractor's work does not conform to the Contract requirements completely, a deficiency exists. If a deficiency(s) is serious enough to render a service unacceptable, it is also considered a defect. Defects are important in determining if non-compliance levels have been exceeded for services inspected. 15.2. Corrective Actions. If deficiencies are identified, the City of Fayetteville must take action to correct those deficiencies using one, or in some cases a combination of, the following: 15.2.1. Stop Unsafe Work. The City of Fayetteville's authorized agent may immediately stop work on that portion of the job affected by a safety hazard, until it is corrected; 15.2.2. Issue a Stop Work Order. If the City of Fayetteville's authorized agent determines the deficiency is serious, the City of Fayetteville reserves the right to issue a stop work order; 15.2.3. Reduced Value Deduction. The City of Fayetteville may reduce the Contract price to reflect the reduced value of the services performed. This method is normally used when the work is performed by the City of Fayetteville or another contractor rather than a Contractor under this contract. The amount of the deduction is equal to the value of the service(s) not performed. As appropriate, calculation of deductions for certain deficiencies will be made using approved methods allowed by the contract clause entitled "Inspection of Services"; 15.2.4. The Contract may be terminated. 15.3. The City of Fayetteville may discuss corrective actions with the Contractor to prevent future occurrences. 15.4. The City of Fayetteville's authorized agent will notify the Contractor, in writing, of any observed noncompliance with the aforementioned Federal, State, or local laws or regulations. Such notice, when delivered to the Contractor at the site of the work, shall be deemed sufficient for the purpose. After receipt of such notice, the Contractor shall immediately inform the City of Fayetteville's authorized agent of proposed corrective action, and take such action as may be approved. If the Contractor fails or refuses to comply promptly, the City of Fayetteville's authorized agent may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the 00212.doc 9 time lost due to any such stop orders shall be made the subject of a claim for extension of time, or for excess costs or damages by the Contractor. 16.0 NOTICES 16.1. At the time of award, the Contractor shall designate, in writing, a Contractor Representative to receive any Notice required hereunder and who shall be available at the local work site in the City of Fayetteville, Arkansas during all times that the Contractor is performing work in accordance herewith. A copy of said designation shall be provided to the City of Fayetteville's authorized agent at the time of award. 16.2. The only City of Fayetteville personnel authorized to receive any Notice required hereunder is the City of Fayetteville's authorized agent. Said Notice must be hand delivered during normal business hours to the location designated by the City of Fayetteville, Arkansas. 17.0 OTHER CONTRACTS The City of Fayetteville reserves the right to issue other contracts or direct other contractors to work within the area included in this contract. 18.0 TERMINATION 18.1. This contract may be terminated at any time for the convenience of the City of Fayetteville. 18.2. This contract shall be terminated for cause if the Contractor defaults in the performance of any of the terms hereof, including but not limited to: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the contract, third party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause; or otherwise fails to cure any other deficiency identified by the City of Fayetteville's authorized agent within 24 hours of delivery of notice of said deficiency. The City of Fayetteville retains all other legal or equitable rights or remedies existing as a result of said default, including but not limited to any legal process necessary to obtain any sureties securing this contract. Any reasonable attorney's fee incurred in enforcing this contract will not exceed 5% of said contract price. 19.0 ACCEPTANCE OF CONTRACT 19.1 The Contractor shall provide all the documentation required for bonding and insurance of this contract within the specified time limit, and provide a list of all Sub -Contracts and Proof of Insurance of all Sub -Contractors being used under this contract. 19.2 The Contractor shall provide the City of Fayetteville the required insurance certificate(s) with a clause that shows Indemnity and Hold Harmless from injuries, damages, or losses 00212.doc 10 caused by the negligent actions of the Contractor or its Employees to the City of Fayetteville. 19.3 The Contractor shall provide proof of Workman's Compensation as required by the State of Arkansas. 20.0 MISCELLANEOUS 20.1 As agreed upon by the Fayetteville City Council and International Equipment Distributors, Inc., local sub -contractors and possible, during this debris removal project. individuals will be used, to The undersigned proposer the extent agrees that twenty percent (20%) 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. 20.2 The Contractor agrees to complete the work in a professional, workmanlike manner and within the scope of work guidelines set forth above based on the unit pricing submitted by the contractor in the attached PROPOSAL. 20.3 FREEDOM OF INFORMATION: City 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, the Contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 at. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 20.4 JURISDICTION: Legal jurisdiction to resolve any disputes shall be interpreted under Arkansas law. 00212.doc 11 City of Fayetteville Statement of Disclosure (to be submitted with all Proposals) This page does not count towards page limitations set forth in this request for proposal. DISCLOSURE STATEMENT: Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: [/1 1.) NO KNOWN RELATIONSHIP EXISTS RELATIONSHIP EXISTS (Please explain) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR PROPOSAL: 1.) I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true; and 2.) My organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. ui -13.6 Date 00300.doc Debarnient, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Arc not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under I8 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Daniel Davis, Business Development Officer Typed Name & Title of Authorized Representative Signature of Authorized Representative 00301,doc 4/13/2009 Date City of Fayetteville Proposer Primary Contact Information — TO BE SUBMITTED WITH ALL PROPOSALS At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Proposer's primary contact shall be available for phone and e-mail clarification front the hours of 8:00AM to 8:00 PM for the following dates: Wednesday, April 15, 2009, Thursday, April 16, 2009, Friday, April 17, 2009. PAR_f I Tnmat v Goiitact Iijif fil tton —_____ Name of Firm: [ED, Inc Natuc of Primary Contact: Daniel Davis Title of Primary Contact: Business Development Officer Phone#1 (cell preferred): 225-202-3658 E -Mail Address: ddavis@iedine-usa.com Phone#2: 251-971-2210 PART 2.Coartact for I cgally 13ni hag 4onlracts Is the primary contact (listed in Part 1) able to legally bind contracts? JS NO (circle one) If no, please list contact that can legally bind a contract for the firm: Name: 'Title: Phonc#1 (cell preferred): 1 -Mail Address: 00305.doc Phone#2: SECTION 00310 PROPOSAL LOCATION: CITY OF FAYETTEVILLE, ROOM 306 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 DATE: Wednesday, April 15, 2009 at 11:00 AM. LOCAL TIME Proposal of: IED, Inc P.O. Box 1886 , AL 36536 Proposal For: STORM DEBRIS MULCH DISPOSAL Submitted to: The City of Fayetteville Andrea Foren, Purchasing Agent — Room 306 113 W. Mountain Fayetteville, AR 72701 Proposer will complete the Work for the unit prices as listed in the Proposal Form. The undersigned Proposer proposes and agrees, if this Proposal 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. Proposer accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work in the Contract Time specified. Proposer accepts all of the terns and conditions of the Information for Proposers, including without limitation those dealing with the disposition of PROPOSAL SECURITY. This PROPOSAL will remain open for ninety (90) days after the day of PROPOSAL Opening. Proposer will sign the Agreement required by these Contract Documents within three (3) calendar days after the date of CITY OF FAYETTEVILLE'S Notice of Award. 0031Qda: In submission of this PROPOSAL, Proposer represents, as more fully set forth in the Agreement, that Proposer has examined all CONTRACT DOCUMENTS (including but not limited to Advertisement, Invitation to Propose and the Information for Proposers) and the following ADDENDA: NIA Failure to list all necessary Addenda issued by the OWNER could mean the PROPOSAL submitted by the Proposer may be deemed unresponsive and not read publicly. In submission of the PROPOSAL, Proposer 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 Proposer deems necessary. In submission of the PROPOSAL, Proposer represents that this PROPOSAL 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 Proposer represents that they have not directly or indirectly induced or solicited any other Proposer to submit a false or sham PROPOSAL. The Proposer represents that they have not solicited or induced any person, firm or corporation to refrain from proposing and have not sought by collusion to obtain for themselves any advantage over any other Proposer or over the CITY OF FAYETTEVILLE. Should multiple mulch disposal alternatives be included with this proposal, each shall be described on separate Proposal Documents (Section 00310). List all included disposal alternatives below: - use by its independent chicken growers as bedding material for hens and broilers. - any unsold mulch will be used and/or sold as mulch by Easterling Wood Products, Inc. 00310.doc 2 All teems used in the PROPOSAL are defined and have the meanings assigned to them in the General Conditions of these Contract Documents. Attached to this PROPOSAL FORM is the required PROPOSAL Security in the form of a Bid Bond or Certified Check in the amount of five (5) percent oldie Total Proposal Amount. Proposer submitting this PROPOSAL is: QA Corporation, incorporated in the State of Alabama OA Partnership, consisting of the following partners, whose full names are: An Individual whose full name IED,Inc. General Contractor (Firm Name) Signed By Business Development Officer Title 04-13-2009 Date P.O. Box 1886 Address Foley, AL 36536 251-971-2210 fax: 251-971-2139 Telephone Number & Fax 39428 Contractor's License Number oo310.dnc 3 Item — Item Description Est. Qy Unit _ Unit Price Extended Amt I Loading, Hauling, and Disposal ASf- $2.8 $447000.00 of "Single Grind" Mulch 150,000 cy :, , List Disposal Method Below: use by independent chicken growers as poultry bedding material. any unsold mulch will be used and/or sold as mulch by Easterling Wood Products, Inc. Total Base Proposal as outlined on Proposal Form: four hundred forty seven thousand dollars $447,000.00 Amount in Words Figures Should multiple mulch disposal alternatives be included with this proposal, each shall be described on separate Proposal Documents (Section 00310). END OF SEC ION 00310 00310.doc 4 SECTION 00311 PROPOSER'S STATEMENT OF SUBCONTRACTORS The undersigned PROPOSER proposes and agrees, if this PROPOSAL is accepted, to use the following proposed subcontractors on this Work: NAME BUSINESS ADDRESS WORK TO BE PERFORMED I Easterling Wood Products 19447 Hwy 74 East Huntsville, AR 72740 loading and hauling mulch 7 The undersigned PROPOSER agrees that twenty percent (20%) 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, 04-13-2009 Signed i 003II. doc SECTION 00312 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, International Equipment Distributors, Inc. a8 Principal, and Hartford Fire Insurance Company as Surety, are hereby held and firmly bound unto the City of Fayetteville, hereinafter called the OWNER in the penal sum of Five Percent of Bid Amount (5%) 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 the City of Fayetteville a certain PROPOSAL, attached hereto and hereby made a pail hereof to enter into a contract in writing, for Project STORM DEBRIS MULCH DISPOSAL NOW, THEREFORE, (a) If said PROPOSAL shall be rejected, or (b) If said PROPOSAL 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 PROPOSAL) 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 PROPOSAL, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly 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 stated. 00312.doe IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seats, 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 15th day of April ,2009. International Equipment Distributors, Inc. By: Hartford Fire Insurance Company (Surety) --- CathYoit. Crzt Attorney -in -Fact END OF SECC1ON 00312 00312.doc 2 Direct Inquiries/Claims to: POWER OF ATTORNEY POflEMtNUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 43-482992 %x Hartford Fire Insurance Company, a corporation duly organized under die laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois LJ Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Charles E. Riddle, Brenda Ann Riddle, Henry Luckett Marye, Jr., David W. Alligood, Cynthia V Willmar, Cathy P. Grace of Baton Rouge, LA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 0, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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 permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. 9�µ�� sP� aati'as s^.JJ• Ma�I` ,�`i w^'u� �>��\k • ra,ala.n.gi1 a ►O/ t /7/�jYwFVV a/•,rOvm�.I t • ¢ " 8 '; ssev e r c, ,-i a`i1 e• wIf .i,r w`•lt.,,1,1.,� • •.EIMar� �r lD�; i a?�IY70 I(•r � 7919 l ♦ 1 � •a JAI . r{ `♦, u. w. ; a' [ • �Dp.,1� 'wab •I �.l•a ! • \NunN 4nu.• \2Ta1i9-. Jcaf Ct. Paul A. Bergenholtz, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT Sg. Hartford COUNTY OF HARTFORD On this 1 at day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 0a \" la Scal E. Paseka ^� Notary Public CERTIFICATE My Commission Expires October 31.2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of April 15, 2009 Signed and sealed at the City of Hartford. lYltay , aa,alrf �` //�,yyyv�a.•�{ L C„y ", J � fI y �r•Mr ?:pp•nr..rA n a ►O♦!t wG a yeWm i s > ara� `i r i`aour,nJ' • •qr�+• F �:�`•1974 � 4 lDTO .f• L 1979 k9 ♦ c,J1$. •, .E '•l�n._ ...%a9 . .....N i . .5 f Producer Compensation Notice You can review and obtain information on The Hartford's producer compensation practices at www.thehartford.com or at 1-800-592-5717. • • 1' 1 HR 00 H093 00 0207 © 2007, The Hartford Page 1 of 1 SECTION 00420 STATEMENT OF PROPOSER'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 PROPOSER may submit any additional information lie/she desires. A. REQUESTS REGARDING PROPOSER I. Name of Proposer. 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?) 9. Have you ever defaulted on a contract? (lf 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 City of Fayetteville. 16. Give bonding agent and limit. 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, provide a separate Statement of Proposer's Qualifications regarding subcontractor and the method used by the subcontractor. Refer to Section 00100 & Section 00311. 00420.doc Response to Statement of Proposer's Qualifications — Section 00420 1. Name of Proposer: International Equipment Distributors, Inc. (IED, Inc.) 2. Permanent main office address: P.O Box 1886, 21602 Doc McDuffie Road, Foley, AL 36536 3. Organized: 06/21/1990 4. Incorporated: Alabama 5. How many years have you been engaged in the contracting business under your present firm or trade name? 18 years 6. Contracts on hand: • IED - Livingston Parish, LA fall of 09 — present $7,500,000 • IED - Town of Franklinton, LA completed 2008 $7,100,000 • IED — Washington Parish, LA completed 2007 $64,700,000 7. GENERAL CHARACTER OF WORK PERFORMED BY YOUR COMPANY Remediation Services • Recovery operation coordination • Debris management • Debris removal, reduction, processing, recycling, disposal • Debris on private property • Emergency road clearance • Landfill site management • Temporary Debris Storage & Reduction Site (TDSRS) construction and management • Demolition • Decontamination and cleanup • Beach restoration • Marine removal, recovery, salvage • Quality assurance • Asbestos abatement • Emergency supplemental collection of residential & commercial solid waste • Hazardous waste collection, characterization, staging, remediation, removal and permanent disposal 8. Have you ever failed to complete any work awarded to you? No Have you ever defaulted on a contract? No 10. List similar projects 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. Please see — Past Performance 11. List your major equipment currently available for this contract and designate whether owned or leased. Please see - Equipment 12. Background and experience of field personnel currently employed by your organization who will perform the work. Please see— Team section 13. Background and experience of the principal members (officers) of your organization. Include president, vice president, secretary, treasurer, etc. Please see —Team section 14. Give bank references. Carole Gordon, Capital One Andrew Braswell, Vision Bank 440 3`a St., 7`h floor P.O. Box 1787 Baton Rouge, LA 70801 Foley, AL 36536 225.381.2456 (251) 968-1336 15. Will you, upon request, fill out detailed financial statement and furnish any other information that may be required by the City of Fayetteville. YES 16. Give bonding agent and limit. Cathy Grace C.P. Grace & Associates, Inc. A Division of Hub International Gulf South Limited 11606 Southfork Dr, Suite 300 Baton Rouge, LA 70816 225.938.0116 The limit is $200,000,000.00 17. If subcontractor is to be used for this contract state the percentage of work anticipated Appendix B - EQUIPMENT LIST FORMAN TRUCKS EQUIPMENT LIST F-350 CREW CAB FORD F-250 CREW CAB 4 X 4 FORD F-250 CREW CAB 4X4 4 F150 4DR SUPER CREW FORD F1SO 4DR SUPER CREW FORD F150 4DR SUPER CREW FORD F150 4DR SUPER CREW DODGE RAM 2500 4DR 4WD DODGE RAM 2500 4DR 4WD DODGE RAM 2500 4DR 4WD DODGE RAM 2500 4DR 4WD DODGE RAM 2500 4DR 4WD DODGE RAM 2500 4DR 4WD DODGE RAM 2500 4DR 4WD CHEVY 3500 CREW CAB CHEVY 3500 CREW CAB CHEVY 3500 CREW CAB CHEVY 3/4 TON 4DR 4WD CHEVY 1500LT4WD 4DR4WD DODGE RAM 1500 4WD 4DR 4WD DODGE DAKOTA 4X2 DAKOTA 4X2 DODGE BR1500 4WD 4DR 4WD FORD F350 SUPER FLATBED PICKUP FORD RANGER PICKUP EXT CAB MEDIUM DUTY TRUCKS GMC TOPKICK 40 YRD DEBRIS DUMP GMC TOPKICK 40 YRD DEBRIS DUMP GMC TOPKICK 40 YRD DEBRIS DUMP GMC TOPKICK 40 YRD DEBRIS DUMP GMC TOPKICK 40 YRD DEBRIS DUMP GMC TOPKICK 40 YRD DEBRIS DUMP GMC TOPKICK 40 YRD DEBRIS DUMP CHEVY KODIAK 30 YRD DEBRIS DUMP INTERNATIONAL 4700 30 YRD DEBRIS DUMP INTERNATIONAL 4700 30 YRD DEBRIS DUMP SERVICE & WELDING TRUCKS INTERNATIONAL 1754 SERVICE TRUCK INTERNATIONAL 1754 SERVICE TRUCK INTERNATIONAL 4700 CH SERVICE TRUCK DODGE RAM 3500 WELDING TRUCK DODGE RAM 3500 SERVICE TRUCK INTERNATIONAL LUBE TRUCK LUBETRUCK FORD F450 SERVICE TRUCK FORD F450 SERVICE TRUCK FORD F550 SERVICE TRUCK FORD F700 4WD FUEL TRUCK LOGGER'S DREAM WINCH TRUCK 1000 FT. CABLE INTERNATIONAL COF9670 WATER TRUCK 5000 GALLON INTERNATIONAL $1900 WATER TRUCK 2000 GALLON INTERNATIONAL S1900 WATER TRUCK 2500 GALLON BUCKET TRUCKS MC C7H BUCKET TRUCK GMC TOPKICK BUCKET TRUCK SINGLE AXLE TRACTORS INTERNATIONAL 8100 TRACTOR PETERBILT F9700 TRACTOR TANDEM & TRI-AXLE TRACTORS KENWORTH T-800 TRACTOR KENWORTH T-800 TRACTOR KENWORTH T-800 TRACTOR T-60 TRACTOR PETERBILT 359 TRACTOR PETERBILT 379 TRACTOR PETERBILT 379 TRACTOR PETERBILT 379 TRACTOR INTERNATIONAL F2575 TRACTOR FORD L9000 TRACTOR MACK R FLATBED MACK R WATER TRUCK TANDEM DIESEL DUMP TRUCKS KENWORTH T800 20 YRD DUMP TRUCK INTERNATIONAL 4700 15 YRD DUMP TRUCK SELF LOADERS ROTOBEC PETERBILT 80 YRD MAX CAP KNUCKLEBOOM ROTOBEC STERLING SO YRD MAX CAP KNUCKLEBOOM PRENTICE INTERNATIONAL 40 YRD MAX CAP W/ DUMP KNUCKLEBOOM PRENITCE PETERBILT 100 YRD MAX CAP KNUCKLEBOOM ROLL -OFF EQUIPMENT VOLVO TANDEM ROLL OFF TRUCK WESTERN STAR TANDEM ROLL OFF TRUCK INTERNATIONAL TANDEM ROLL OFF TRUCK MACK TANDEM ROLL OFF TRUCK MACK TANDEM ROLL OFF TRUCK AMERICAN CARRIER ROLL OFF TRAILER BENLEE TRANSPORT ROLL OFF TRAILER CLEMENT ROLL OFF TRAILER ROLL OFF CONTAINER 30 YD. OPEN TOP CONTAINER ROLL OFF CONTAINER 30 YD. OPEN TOP CONTAINER ROLL OFF CONTAINER 30 YD. OPEN TOP CONTAINER ROLL OFF CONTAINER 30 YD. OPEN TOP CONTAINER ROLL OFF CONTAINER 30 YD. OPEN TOP CONTAINER ROLL OFF CONTAINER 30 YD. OPEN TOP CONTAINER ROLL OFF CONTAINER 40 YD. OPEN TOP CONTAINER ROLL OFF CONTAINER 40 YD. OPEN TOP CONTAINER ROLL OFF CONTAINER 66 YD. OPEN TOP CONTAINER ROLL OFF CONTAINER 66 YD. OPEN TOP CONTAINER WASTEQUIP HOLT 30YD. ROLL OFF CAN WASTEQUIP HOLT 30YD. ROLL OFF CAN WASTEQUIP HOLT 30YD. ROLL OFF CAN WASTEQUIP HOLT 30YD. ROLL OFF CAN WASTEQUIP HOLT 30YD. ROLL OFF CAN DUMP TRAILERS CLEMENT DEBRIS DUMP TRAILER 72 YRD MAX CAP I&B B DEBRIS DUMP TRAILER 72 YRD MAX CAP J & B DEBRIS DUMP TRAILER 72 YRD MAX CAP J & B DEBRIS DUMP TRAILER 72 YRD MAX CAP BENSON DEBRIS DUMP TRAILER 74 YRD MAX CAP BENSON DEBRIS DUMP TRAILER 74 YRD MAX CAP BENSON DEBRIS DUMP TRAILER 74 YRD MAX CAP TRAILSTAR DEBRIS DUMP TRAILER 74 YRD MAX CAP TRAVIS DEBRIS DUMP TRAILER 74 YRD MAX CAP MAC DEBRIS TRAILER 76 YRD MAX CAP MAC DEBRIS TRAILER 76 YRD MAX CAP MAC DEBRIS TRAILER 78 YRD MAX CAP MAC DEBRIS TRAILER 78 YRD MAX CAP FLATBED TRAILERS EHRLISH 48 FT. FLATBED TRAILER FONTAINE 48 FT. FLATBED TRAILER FONTAINE 48 FT. FLATBED TRAILER FONTAINE 48 FT. FLATBED TRAILER FRUEHAUF 48 FT. FLATBED TRAILER UTILITY 421/2 FT. FLATBED TRAILER GREAT DANE 42 1/2 FT. FLATBED TRAILER GREAT DANE 48 FT. TANDEM AXLE LOWBOY TRAILERS LIDD 3 AXLE 60 TON LOWBOY 50 TON HYSTER TRIAXLE LOWBOY TRANSCRAFT TANDEM AXLE -43 FT ROGERS 3 AXLE 50 TON LOWBOY VULCAN 3 AXLE 60 TON LOWBOY WITSCO CHALLENGER TRAILER- LOWBOY TARASPORT STEPDECK TRAILER CHIP TRAILERS WESCO TRAILER - CHIP 45 FT NABORS TRAILER - CHIP 42 FT WESCO TRAILER -CHIP 45 FT NABORS TRAILER - CHIP 42 FT ALLOV TRAILER - CHIP PEERLESS TRAILER -CHIP TRAILER - CHIP HYDRAULIC EQUIPMENT TRAILERS LEDWELL HYDRAULIC EQUIPMENT TRAILER LEDWELL HYDRAULIC EOUIPMENT TRAILER WHEEL LOADERS KUBOTA R400 WHEEL LOADER W/ DEBRIS GRAPPLE KUBOTA R400 WHEEL LOADER W/ DEBRIS GRAPPLE CATEPILLAR 950G WHEEL LOADER W/ HYDRAULIC TIP BUCKET HYUNDAI 760 WHEEL LOADER W/ HYDRAULIC TIP BUCKET HYUNDAI 770 WHEEL LOADER W/ HYDRAULIC TIP BUCKET HYUNDAI 770 WHEEL LOADER W/ GP BUCKET TEREX SKL 873 WHEEL LOADER W/ GP BUCKET KOMATSU 120 WHEEL LOADER W/ GP BUCKET JOHN DEERE 544B WHEEL LOADER W/ RAKE DRESSER 530 WHEEL LOADER W/ RAKE SKID STEERS/COMPACT TRACK LOADERS W/ DEBRIS POSITRACK ASV RC100 CAB TRACK LOADER GRAPPLE W/ DEBRIS POSITRACK ASV RC100 CAB TRACK LOADER GRAPPLE W/ DEBRIS POSITRACK ASV RC100 CAB TRACK LOADER GRAPPLE W/ DEBRIS POSITRACK ASV RC100 CAB TRACK LOADER GRAPPLE W/ DEBRIS POSITRACK ASV RCBS TRACK LOADER GRAPPLE W/ DEBRIS NEW HOLLAND LX865 SKIDSTEER GRAPPLE W/ DEBRIS NEW HOLLAND LX865 SKIDSTEER GRAPPLE NEW HOLLAND LX865 SKIDSTEER W/ DEBRIS GRAPPLE W/ DEBRIS NEW HOLLAND LX88S SKIDSTEER GRAPPLE TRACK LOADERS CATEPILLAR 951 TRACK LOADER CATEPILLAR 953 TRACK LOADER EXTENDABLE FORKLIFT W/ DEBRIS GRAPPLE W/ DEBRIS ICB 520 LOAD ALL GRAPPLE W/ DEBRIS JCB 530 LOAD ALL GRAPPLE W/ DEBRIS JCB 530 LOAD ALL GRAPPLE RUBBER TIRE EXCAVATORS W/ DEBRIS GRAPPLE LIEBHERR A904 RUBBER TIRE EXCAVATOR HYUNDAI 130 - W RUBBER TIRE EXCAVATOR HYUNDAI 130-W RUBBER TIRE EXCAVATOR HYUNDAI 140 W-7 RUBBER TIRE EXCAVATOR HYUNDAI 170 W-7 - RUBBER TIRE EXCAVATOR HYUNDAI 170 W-7 RUBBER TIRE EXCAVATOR HYUNDAI 170 W-7 RUBBER TIRE EXCAVATOR HYUNDAI 200 W2 RUBBER TIRE EXCAVATOR CAT 318 RUBBER TIRE EXCAVATOR 18 RUBBER TIRE EXCAVATOR TRACK EXCAVATORS TRACK EXCAVATOR HYUDAI 110 TRACK EXCAVATOR HYUDAI 210 TRACK EXCAVATOR HYUDAI 250 TRACK EXCAVATOR HYUDAI 290 TRACK EXCAVATOR HYUDAI 290 TRACK EXCAVATOR W/ MORBARK SHEAR DOZERS DRESSTA TD -9H CRAWLER DOZER DRESSTA TD -10M CRAWLER DOZER DRESSER DRESSER CRAWLER DOZER CRAWLER DOZER CATEPILLAR D5C CRAWLER DOZER CATEPILLAR D6R CRAWLER DOZER CATEPILLAR D6 RUBBER TIRE GRINDERS MORBARK 1100 NCL TUB GRINDER MORBARK 1300 NCL TUB GRINDER 7600 GRINDER UNIVERSAL REFINER PDR96-8 GRINDER SCREENERS FINLEY 790 TROMMEL 615LL POWER SCREEN TROMMEL POWER SCREEN WARRIOR "TRACK" SPECIALTY EQUIPMENT CASE 480F BOX BLADE TRACTOR AIR CURTAIN CP2000T TRENCH BURNER VERMEER 252 STUMP GRINDER LRIII CHIPP KUBOTA RTV 900 OFF ROAD UTILITY VEHICLE KUBOTA RTV 900 OFF ROAD UTILITY VEHICLE TRIM FUEL TANKER 9000 GAL RELIABLE FUEL TANKER 9000 GAL EVACO DS15T301A LUBE &FUEL TRAILER KENTUCY OFFICE COMMAND CENTER TIMBER JACK 205A -R SKIDDER LINCOLN SAE 400 WELDER LINCOLN SA 200 WELDER GORMAN RUPP T6A3-B PUMP CENTRIFUGAL - PORTABLE R PT6LT WATER PUMP GIANT VAC 6001 VAC - BLOWER KUBOTA L2250 FARM TRACTOR KUBOTA 2650 -DT FARM TRACTOR ALMOND PORTBABLE LIGHT PLANT WACKER PORTBABLE LIGHT PLANT PORTBABLE LIGHT PLANT WACKER PORTBABLE LIGHT PLANT WACKER PORTBABLE LIGHT PLANT WACKER PORTBABLE LIGHT PLANT GENERATORS KUBOTA SW3350 12.5KW KUBOTA SW3350 12.5KW KUBOTA KUBOTA 12.5KW 12.5KW KUBOTA SW3350 12.5KW KUBOTA 17.5KW KUBOTA SQ3250 17.5KW KUBOTA SQ3250 17.5KW KUBOTA 15KW GENERAC 50KW GENERAC 60KW KATOLIGHT 60KW DEUTZ 74KW Submit this notarized Statement of Proposer's Qualifications to the City of Fayetteville. Qualifications shall be submitted in a separate sealed envelope at the date and time listed on the Proposal. -fr-,6c,�rlrs lnc (Name of Proposer) Rvt T Title: eus;ness �Cvt �a Omc f GFFi'Lc.� State of Le)o s;an q __ Pcu-;L, y -of East aE 6eutttRut,, �Cn icj 6. S being duly sworn deposes and says that he is '3'. /�.r6-Pnv.t o6cc of%nkinchan.l •Eaa,A�renf ;s/.;bc./ors Inc. and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this ) 3 ti-. day of Apr; I , 2009. O OFFICIAL SEAL Notary Public SMITH L. DAY NOTARY ID NO. 00400 STATE OF LOUISIANA NOTARY PUBLIC My Commission expires /f My CQW00§sion Is for Life C 5 END OF SECTION 00420 00420.doc M.A. ±u RI +Y.. ac.a� i(6 4% X14: nr/.. I V*O+, 4'la 'v ( )f7 S1A'lE Charlie Daniels SHRh IAI;l Ut til AI6 I o All to \Vhorn Those Prescnts Shall C'orne•- Greeting: I. Charlie Daniels, Secretary of State of Arkansa., do hereby certify that the tullowing and hereto attached insinm!cnt of wntmg is a true and perfect copy of Application for Certificate of Authority t,l INTERNATIONAL EQUIPMENT DISTRIBUTORS, INC, filed in this office February 9, ?000 to be a Foreign Fnr Profit l'orittvation formed under the laws of the State of Alabama to the Country of United States of America. I fin-thei certify that said I oreicn For Profit Corporal ion, having complied with all statutory requirements in the State of Arkansas, is cIualitied to transact business in thi: Staw in Testimony %% hereof, I have hereunto set my hand and affixed my official Seal. Done at my office in the City of f.iule Rock, this 9th day of February 2000. Secretary of Slate ACORD CERTIFICATE OF LIABILITY INSURANCE I d a; o°"""" BEST INSURANCE AGENCY. LLC. 122 Chaltrl0e Road P.O. Box 67 Dlctlbutore, Inc. Foley AL 36536.1666 COVERAGES AFFORDING I'W'Yu1tfl* 'arc �� •.� r i. [� .rY- .p •h • - u• �f r. •/•� -4 •. hJ •.1f ?LL- Yq..l' : 6 ..n ■ yrr • i ■ 1 r . cr.y f IIII '• ■ I n III' ____ r -L .:JIIL.rt, 1 r 1 • .: 1 Y - ••' 1 1 1 I I Y g' I • . 1 Si. a. . ■ 3L.IWu .lfl. s. .. ( .. a 9«J_ •'�.4M• may. frL! ■�%�:• r, u� ■S.. r x • III '. I:.:. , I: I Id 1 . . LII• a• • ( J' u • ' I I 1 • J' fl 1 L! 11I aa. w .ww- YW1 V Response to Statement of Proposer's Qualifications — Section 00420 1. Name of Proposer: E� r�tiy Woo ciRdw s JNc. 2. F 4. Permanent main office address: 1947 i14y,) Organized: Incorporated: 72,71{O MA 197�O 5. How many years have you been engaged in the contracting business under your present firm or trade name? 33 yr5 6. Contracts on hand: N — c t-iy e2P +L4v s,jcA1e, 4p, 7. GENERAL CHARACTER OF WORK PERFORMED BY YOUR COMPANY I GtR �w%4' 44d tr44AcPon4 S wood Prodvq3 8. Have you ever failed to complete any work awarded to you? No 9. Have you ever defaulted on a contract? No 10. List similar projects 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. ©`v I Se ¢Y¢Pc /f UlI�q 9�t,d�� 4N4 44u14 Ctrt/ D� Mz4' S�� �/v-X38-6co7 �occ g W �nridN``��. ? �O,�f !",u��9� of Svrwce RPfpS��R 11. List your ? or eguipine..t currently avaBa6le ff�r thi3TctYrra d designate et er patc ,r owned or leased. i V 0,•3 Rt ier TtVeC/ Lo9aors — 9w / ,De ti Gat Doter mw ,2. TrAc4 M4 S 1S lb 1a Truo/CS W#J44cy-t/mrs 7YktAcs — 12. Background and experience of field personnel currently employed by your organization who will perform the work. S -fn sr yrs wenkt7 wifli t4.s Igcctoac.tti 13. Background and experience of the principal members (officers) of your organization. Include president, vice president, secretary, streasurer, etc. !0d yr' - C''X FOSS/""14( y Id . n V �uQ 4t T f4M U,j li R Ne67L s¢HU/C �'90%r /44%4jSae °°) A'i/I 6� 1L yo 4� PerM�..7 Rte'+W 6r (N&2 'tw''4St 5erJlce. JAJl'1$y ao�Irs, // 44',,o lk' r Corv4rg6/j L, 4efe VI&1Por. Tl,k ia 4+s 6u. Q w F 41J Lu, d *A'a ,i444 !" ✓A-r1O c5 mod Aw dtrc4 front l w#w tr A ,41414 Us OwJ!L SruiCe -1 5/7q `Ibb-ot3S? n /� _ 979 4//S tit�Se 600 �^" lke IIS D� 7 Sari rat . a't4er S/v"4 Roqu/9 !W A Ct'�7 trt I3trryusI1e Sub U.vier ZIP ,Q,4D.Ig/l�04�a 4ey 7.38-4407 14. Give bank reference. at fy'raerlYorr:sl 15. Will you, upon request, fill out detailed financial statement and furnish any other information that may be required by the City of Fayetteville. yes 16. Give bonding agent and limit. IED, Inc will provide the bonds for the project. Please refer to IED's Statement of Qualifications for bonding agent and limit information. 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, provide separate Statement of Proposer's Qualifications regarding subcontractor and the method used by the subcontractor. $6 °a Submit this notarized Statement of Proposer's Qualifications to the City of Fayetteville. Qualifications shall he submitted in a separate sealed envelope at the date and time listed on the Proposal. (Name of Proposer) Statc of _Ijj9f4c4C County of fdifQM ___ being duly sworn deposes and says that he is... - -0i and that the answers to (lie foregoing questions and all statements therein contained are true and correct. y� Subscribed and sworn to before e this V' ma_day of )A -t , 200''9.. o'Gl EASTF9'., ' O otary Public ;' NOTARY •. ;.PUBLIC;e .rte` My Commission expires Cfti �S END OF SECTION 00420 00420.doc 2 Response to Statement of Proposer's Qualifications - Section 00420 1. Name of Proposer: HOsfei(ev L 1.7ev 've Phone � 17V ce 870 L/37 fad' /'4K g7o 93P t/a1E Cell g7O 2. Permanent main office tddress: 2//6 C2 6%7 Greek cores /,- A, 70261? 3. Organized: /9 96 4. Incorporated: So /e Pro/zt/etorf ,g 5. How many years have you been engaged in the contracting business under your present firm or trade name? /9'86 23 Years 6. Contracts on hand: II l /000 Ci 7- L ony L/ I/;t/ee H-f7YJ aci/el anJ�Coin`/P/e/ AY 6- ! a' / 5'Uo dNS )Ci' //ac,Gtcud0hij/e1nd pV t -%U -G 3 = y�0 7bhs L;7Iev Haar/ qNa' Co.,p fed /ly %-17-t 7. GENERAL CHARACTER OF WORK PERFORMED BY YOUR COMPANY 01p/8i p�/ 5- 3 -• 0 z Foul)`, /IOoIS e O'ecz.zocsf J/ �P�ea h9 o io ;#er= L i n'rSacSoff Na u l/ hs Sa wwze-5 = AI q/e% = S`j a&- y -Y ^ P) e e #a Ll's 8. Have you ever failed to complete any work awarded to you? 9. Have you ever defaulted on a contract? ZVO 10. List similar projects 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. 0OD Yons m'°/"I/et 4a.u.l/,aatiiiks Cod` 52OOOa •7- O0 farolad6r4y i7-8'fl—s Tc l '8 /'acr( 00o > P o b Sc &r c(4S1a idszafr;& Q4`q //Yc° tio,O06. v0 FoH Iy&vy R,aJf ceo) t kl /6auv,c ?7D- ,`3$ a 2/Ii 1. /oo,00a rton ,? fu/Yy fni?t' r (DO .-aa%s t2'n ruq!(y 11. List y6(fP ihaior equipment currently available for this contract and designate whether owned or leased. /0 Trac6r %rat/evs lili"alkliv %/oohs ci GGG eiid y Ca f Lcv/P f 12. Background and experience of field personnel currently employed by your organization who will perform the work. k) j'�' �r17 etice ��� aafl,h9anqLva1l,'n5 o12 1Liri Sa-r,U64(sV 13. Background and experience of the principal members (officers) of your organization. Include president, vice president, secretary, treasurer, etc. We 44v( . ee# /11 hGts-i(J-s'S C/h y' 6 S &Pshy¢ /Z }vets Secrr'laey / )leer 14. Give bank reference. /C;H.S /%a'tabfla/ Quil k- o-� 6reeeti FONncl ,4/? Ger'a/j lam'//ani 370- 15. Will you, upon request, fill out detailed financial statement and furnish any other information that may be required by the City of Fayetteville. yes 16. Give bonding agent and limit. tED, Inc will provide the bonds for the project. Please refer to IED's Statement of Qualifications for bonding agent and limit information. 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, provide separate Statement of Proposer's Qualifications regarding subcontractor and the method used by the subcontractor. Submit this notarized Statement of Proposer's Qualifications to the City of Fayetteville. Qualifications shall be submitted in a separate sealed envelope at the date and time listed on the Proposal. (Name of Proposer) By. ,4/pc to fkr L % lA° - S PG -4 i r°e v.--- State of iQrk6me4c County of _aev - a f being duly sworn deposes and says that lie is_�-uu"i S k V5 -{t -A -b r _-11_t> 111 — and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this I I day of Ii I 2009. Notary Public ;:"• . My Commission expires @e -c14'QF"' "+` " I 20_a- \\\.)\f}+3.S.\1 it is 'vim t vit�!(l \. 1 END OF SECTION 00420 00420.doc 2 SECTION 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND IED, INC. THIS AGREEMENT is dated as of the day of in the year 2009 by and between the CITY OF FAYETTEVILLE and IED, INC. 1. The IED, INC. shall commence and complete all Work as specified or indicated in the Contract Documents. The WORK is generally described as follows: STORM DEBRIS MULCH DISPOSAL 2. The IED, INC. shall furnish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. 3. The IED, 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. The IED, INC. shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of $2000 for each calendar day thereafter that the WORK is not complete. 4. The IED, INC. agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the PROPOSAL. 5. 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 Proposal 5.5 Bid Bond 5.6 Agreement Between City of Fayetteville and IED, INC. 5.7 Performance and Payment Bond 5.8 General Conditions 5.9 Prevailing Wage Rates 5.10 Notice of Award 5.11 Notice to Proceed 5.12 Project Manual for Storm Debris Services 5.13 Change Orders 6. The CITY OF FAYETTEVILLE shall pay the IED, 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. 00500.doc I 8. Temporary Mulch Grinding Site: 8.1 The coordinates of the proposed temporary mulch grinding site are approximately: 619272.37 N 674230.28 E 8.2 The approval of the temporary mulch grinding site shall be contingent upon the following: (a) The property owner shall request rezoning of the property from R -A to I-2 by 4:30 p.m. on Tuesday, April 21, 2009. (b) The City Council rezoning of the property from R -A to 1-2 during the April 21, 2009 meeting. (c) The property owner's written assurance to the City of Fayetteville by 4:30 p.m. on Tuesday, April 21, 2009 that the property owner will request a rezoning from I-2 to R -A for this property no later than 120 days after the Notice to Proceed date. 8.3 Contractor shall obtain a stormwater permit from ADEQ for the site. 9. Contract Price. Item Item Description Est. Oty Unit Unit Price Extended Amt ti 1 Loading, Hauling, and Disposal of "Single Grind" Mulch 150,000 Cy $2.93 $439,500.00 Total Base Price: Four hundred thirty nine thousand and five hundred dollars $ 439,500.00 Amount in Words Figures 10. MISCELLANEOUS 10.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 10.2. 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 00500.doc 2 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. 10.3. City of Fayetteville and IED, 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. 10.4. 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. 10.5. 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. 10.6. 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, IED, INC. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 10.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and IED, 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 IED, INC.. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and IED, INC. or identified by Engineer on their behalf. OWNER CITY OF FAYETTEVILLE Mayor Lioneld Jordan IED, INC. [CORPORATE SEAL] [CORPORATE SEAL] ATTEST ATTEST 00500.doc 3 Address for giving notices: 113 W. Mountain Fayetteville, AR 72701 Address for giving notices: License Agent for service of process: (If IED, INC. is a corporation, attach evidence of authority to sign.) END OF SECTION 00500 00500.doc 4 SECTION 00600 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND Principal, hereinafter called Principal, and 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 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The condition of this obligation is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by 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. 00600.doc 1 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 day of By (Seal) Principal Witness: ) Attest: ) Surety This Bond is given in Compliance with Act 351 of 1953, as amended. END OF SECTION 00600 00600.doc 2 SECTION 00640 WARRANTY BOND 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. 00640.doc 1 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 (Seal) Witness: ) Attest: ) Surety END OF SECTION 00640 00640.doc 2 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 00700.doc 1 I. DEFINITIONS 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. 00700.doc 2 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. 1.15 NOTICE TO PROCEED - Written communication issued by the City of Fayetteville to the Contractor authorizing the Contractor to proceed with the Work and establishing the date of commencement of the Work. 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. 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. 00700.aoc 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, 00700.doc 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 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." 00700.doc 5. SHOP DRAWINGS 5.1 The Contractor shall provide Shop Drawings as maybe 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. 00700.doc 6 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. 00700.doc 7 8. 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. 9. 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. 10. 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. 00700.doc 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. 11. PROTECTION OF WORK, PROPERTY AND PERSONS 11.1 The Contractor will be responsible for initiating, maintaining and supervising all 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. 00700.doc 9 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 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 quantity variation 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: 00700.doc 11 15.4.1 To any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, 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 of such 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. 16. 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 ofmaking good all Work ofother 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. 17. 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). 00700.doc 12 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 the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension. 00700.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 00700.doc 14 terminating the Contract, if the 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 of Fayetteville'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 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. 00700.doc 16 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 may be 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. 00700.doc 17 21.3 The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for Work to be Performed. 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 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 Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 00700.doc 18 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 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 may be 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 the 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 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 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. 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. 00700.doc 21 26. 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 (6Q%) 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. 27. 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 of the 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 of the 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). 00700.doc 22 28. 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. 29. 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 City of 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. 30. 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 General Decision Number: AR080215 01/02/2009 AR215 State: Arkansas Construction Type: Heavy Heavy Construction County: Washington County in Arkansas. Modification Number Publication Date 0 01/02/2009 ENGI0624-003 01/01/2009 Rates Fringes Operating Engineer: Roller (Dirt and Grade Compaction) .................$22.00 9.80 ----------------- ---------------------- PAIN0424-007 07/01/2008 Rates Fringes PAINTER: Brush & Roller Only....$ 15.84 5.34 SUAR2008-169 11/21/2008 Rates Fringes CARPENTER ........................$ 12.94 0.00 CEMENT MASON/CONCRETE FINISHER...$ 11.00 0.68 ELECTRICIAN ......................$ 20.61 3.92 IRONWORKER, REINFORCING ..........$ 17.38 0.00 LABORER: Common or General ......$ 9.94 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 11.67 0.00 LABORER: Pipelayer..............$ 9.78 0.00 OPERATOR: Bulldozer .............$ 14.33 1.75 OPERATOR: Crane.................$19.26 0.00 OPERATOR: Mechanic..............$17.25 0.00 OPERATOR: Piledriver ............$ 17.21 0.00 OPERATOR: Scraper ...............$ 9.00 0.00 OPERATOR: Tractor...............$11.13 0.00 OPERATOR: Trencher ..............$ 14.76 0.00 OPERATOR: Backhoe/Excavator/Trackhoe .......$ 16.00 0.00 00830.doc 3 OPERATOR: Front End Loader .......$ 12.94 0.00 PAINTER (Spray)..................$20.15 3.50 TRUCK DRIVER .....................$ 9.00 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -------------------------------------------------------- -------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in he matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage . determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction 00830.doc 4 Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board (3.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 00830.doc 5 SECTION 00840 NOTICE OF AWARD (SAMPLE) Dated Month Day, Year TO: 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 accompany this Notice of Award. 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 SECTION 00845 NOTICE TO PROCEED (SAMPLE) 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 (Contractor) BY: (Authorized Signature) (Title) 00845.doc I City of Fayetteville (Owner) (Authorized Signature) (Title) [` xwn1EYlIl➢ I 1 DESCRIPTION OF UNIT PRICE SCHEDULE ITEMS PART I - GENERAL 1.01 SCOPE OF WORK A. The work shall consist loading, hauling, and disposal of "Single Grind" mulch as listed in Section 00310 — 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 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 item will be measured and paid for by the units within the various classifications for which prices are stated in the Unit Price Schedule. D. Quantities all based on estimates only. 2.02 REMOVAL OF MULCH FROM DESIGNATED TEMPORARY DISPOSAL SITES TO A FINAL DISPOSAL DESTINATION A. The work required for this pay item will be paid for at the price per cubic yard (CY) as shown on the Proposal. B. Payment will be full compensation for all mulch removed from the designated temporary disposal sites to a final disposal destination and will be by the cubic yard (CY) as determined through truck and trailer measurement. Partial load will be adjusted down by visual inspection by the City's representative. Load measurements will be documented on load tickets and verified with the final disposition log. C. No additional payment will be made for all other equipment, materials, labor, and incidentals necessary to perform the work. 00900.doc 1 EXAMPLE DAILY HAUL RECORD CONTRACT NO. • . fi .. '. C.. r , <r• N :i 4'. i N'. :.L. D17LY REPOET CONTRACTOR: CONTRACT NO: DATE OF REPORT: Truck No. Location of Pickup Site Disposal Trips Cubic Yard Totals I 2 3 4 5 6 7 8 9 10 11 12 13 14 DAILY TOTALS EXAMPLE DAILY HAUL RECORD CONTRACT NO. Date Ticket # Time Truck Capacity % Load Actual Eligible Comments # Capacity (YIN) SAMPLE LOAD TICKET SOLID 0 ISOURCES INC " - EUVmammmu&tine) crsrnn Ticket N9 100530 Truck No.: Certified Capacity: Sub/Hauler. Driver. g17j'III icciig.iti,sni.j Date: Time: District/Zone: First Pass Federal Aid Road: fl Load•Location/Address • GPS: Lat. Long. Load Monitor Signature: PiintName & Number. [Jgetative LI White Goods / Hazardous. C & D / Non -Burnable aStump Tree 'Mixed (Woody & C & D) ❑ Other Tune: Dumpsite: Load Est. (%) x9cCaaacity Cu. Yds. Site Monitor Sign Print Name & Number: Comments SAMPLE TRUCK PLACARD Company Name Truck Number Cubic Yards Inspected by and Date City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements yur.ifleIme] City Council Meeting Data Agenda Items Only Don Mart Administration Submitted By Division Action Required: Approval of a contract with XXXXX for $XXXX, for disposal of mulch resulting beneficial reuse method, RFP 09-10, and approve a contingency of $XXXX Cost of this request 4270 9280 5315 00 Account Number r•r P'A'V. . City • 1 ,,1 /.. $ 4,000,000 Category / Project Budget $ 3,400,316 Funds Used to Date $ 599,684 Remaining Balance Budget Adjustment Attached 1O4Paw Date -� N joo9 Date' 4.0 10-2ooQ Date Date Administration Department ICE FEMA (2009 Ice Storm Reimb) Program Category! Project Name Ice Storm 2009 - FEMA Program / Project Category Name Replacement & Disaster Rec Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number. Received in CitySERF Clerk's Office Received in �O Mayors Office Revised January 15, 2009 a e evi le Y ARKANSAS CITY COUNCIL AGENDA MEMO To: Fayetteville City Council Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff (� From: David Jurgens, Utilities Director Date: 9 April 2009 City Council Meeting of 16 April 2009 Subject: Approval of a contract with XOO7 or $XXXX, for disposal of mulch resulting from storm cleanup, through a beneficial reuse method, RFP 09-10, and approve a contingency of $XXXX City Administration recommend approval of a contract with XXXXX for $XXXX, for disposal of mulch resulting from storm cleanup, through a beneficial reuse method, RFP 09-10, and approve a contingency of $XXXX. This contract provides for services including but not limited to loading, hauling and disposal through a beneficial reuse method, approximately 150,000 cubic yards of mulch resulting from storm cleanup. The mulch is currently located at three temporary disposal sites, listed in priority: • Noland Wastewater Treatment Plant, 1400 North Fox Hunter Road, Fayetteville, AR, 72701 • West Side Wastewater Treatment Plant, 5 South 54th Avenue, Fayetteville, AR, 72701 ■ Water and Sewer Operations Center, 2435 South Industrial Drive, Fayetteville, AR, 72701 Per the City's ADEQ permit the City's debris disposal sites must be closed and restored by May 27, 2009. Thus, all mulch is required to be removed no later than May 20, 2009 The City received XX proposals on April 15, 2009 for this project; the bid tab is attached. The removal will be begin within 72 hours from issuance of the Notice to Proceed, with all debris disposal activities concluded by May 27, 2009. Contractor Proposal The selection criteria were: 1) Qualifications in relation to scope of work = 20% 2) Experience, competence and capacity for performance = 15% 3) Proposed final disposition method = 30% 4) Past performance = 15% 5) Price='20% 20% The committee evaluated proposers on April 16, developed a short list and interviewed XX. Based on the above criteria, the Committee selected XXXX to perform the services. BUDGET IMPACT This project is eligible for the same FEMA reimbursement as the other debris removal projects. Ia crsi elM[COMLIE" A RESOLUTION APPROVING A CONTRACT WITH xxxxxxxxxxx IN THE AMOUNT OF $xxxxxxxxxxx FOR DISPOSAL, THROUGH A BENEFICIAL RE -USE METHOD, OF MULCH RESULTING FROM STORM DEBRIS CLEAN-UP; AND APPROVING A CONTINGENCY IN THE AMOUNT OF $xxxxxxxxxxxxxxx. 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 xxxxxxxxxxx in the amount of $xxxxxxxxxxx for disposal, through a beneficial re -use method, of mulch resulting from Ice Storm 2009 debris clean-up. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Contingency in the amount of $ xxxxxxxxxxxxxxx. PASSED and APPROVED this 16th day of April, 2009. APPROVED: By: LIONELD JORDAN, Mayor By: ATTEST: SONDRA E. SMITH, City Clerk/Treasurer Page Iof! Clarice Pearman - International Equipment Distributors Inc. From: Clarice Pearman To: Jurgens, David Date: 4.21.09 3:05 PM Subject: International Equipment Distributors Inc. CC: Audit; Fell, Barbara Attachments: 83-09 International Equipment Distributors Inc.pdf David: Attached is a copy of your agenda item passed by City Council regarding IED and the mulch disposal. I will forward to Budget & Research the budget adjustment. I am also returning to one of two signed agreements. Please let me know if there is anything else needed for this item. Have a good day. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@cifayetteville.ar.us file://C:\Documents and Settings\cpearman\Local Settings\Temp\XPgrpwise\49EDE0C6F... 4/21/2009