HomeMy WebLinkAbout221-26 RESOLUTIONPage 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 221-26
File Number: 2026-3025
A RESOLUTION TO AWARD BID 26-46 AND AUTHORIZE A CONTRACT WITH LEGACY
CONSTRUCTION MANAGEMENT, INC. IN THE AMOUNT OF $219,950.76 FOR SITE WORK AND
CONSTRUCTION OF THE FUELING STATION CANOPY AT THE FAYETTEVILLE POLICE
DEPARTMENT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $43,990.15, AND TO
APPROVE A BUDGET AMENDMENT
WHEREAS, the original design for the Fayetteville Police Department headquarters included an on-site fueling station
to support continuous operations and reduce long-term fueling costs but it was removed because of inflation-related
cost increases during construction; and
WHEREAS, since opening the new facility in May of 2023, the FPD has relied on off-site commercial and city-owned
fueling stations, which present ongoing operational, logistical, and fiscal limitations; and
WHEREAS, installing an onsite fueling station will enhance daily operations, improve fleet management, and reduce
recurring costs.
NOW, THEREFORE, 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 awards Bid 26-46 and authorizes a
contract with Legacy Construction Management, Inc. in the amount of $219,950.76 for site work and construction of
the fueling station canopy at the Fayetteville Police Department, and further approves a project contingency in the
amount of $43,990.15.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget amendment, a copy of
which is attached to this Resolution.
PASSED and APPROVED on October 6, 2026
Approved:
_______________________________
Attest:
_______________________________
Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-3025
MEETING OF OCTOBER 6, 2026
TO: Mayor Rawn and City Council
THROUGH: Jennifer Walker, Chief of Staff
FROM: Quin Thompson, Construction and Capital Improvements Director
SUBJECT: Contract with Legacy Construction Management, Inc.
RECOMMENDATION:
Staff recommends approval of a resolution to award Bid 26-46 and to authorize a contract with Legacy
Construction Management, Inc. in the amount of $219,950.76 for site work and canopy construction for the
fueling station at the Fayetteville Police Department headquarters; to approve a project contingency of
$43,990.15; and to approve a budget amendment of $52,981.00.
BACKGROUND:
The original design for the Fayetteville Police Department (FPD) headquarters included an on-site fueling
station. Construction cost increases led the City to remove it from that project. Since the headquarters opened
in May 2023, officers have fuel at commercial stations and other City fueling sites.
Off-site fueling takes officers off patrol, often during shift changes and busy periods, and delays their
availability for calls. Commercial fueling also costs more per gallon, adds transaction fees, and limits the
department's ability to track fuel use by vehicle. This proposal funds a secure, department-controlled fueling
station that improves fleet management and reduces recurring costs.
On April 7, 2026, Council approved Resolution 84-26, which awarded the site work and canopy to Southern
Brothers Construction, LLC for $180,977.00 with a $38,000.00 contingency. Immediately after the award,
Southern Brothers submitted a significant change order request. The City declined the change order and
terminated the contract. Staff then rebid the project.
DISCUSSION:
The Procurement Division advertised Bid 26-46 on July 26 and August 2, 2026. The City received five bids on
August 20, 2026. Legacy Construction submitted the lowest bid at $219,950.76; 19% below the next bidder.
Legacy acknowledged both addenda, holds an active Arkansas contractor license, and submitted a valid bid
bond.
Legacy's bid is $38,973.76 (21.5%) higher than the original award. Southern Brothers' own rebid of
$306,171.15 indicates the original award price could not deliver this scope. Staff recommends a 20%
contingency.
The contract requires substantial completion within 100 calendar days and final completion within 120 calendar
days after the Notice to Proceed.
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
BUDGET/STAFF IMPACT:
The project is funded through Police Impact Fees (Project 07001.2501, Police Impact Fee Improvement -
Fueling Station).
ATTACHMENTS: 3. Staff Review Form, 4. Budget Amendment, 5. Bid 26-46, Contract, 6. Bid 26-46, Appendix
A -Bid Tab - Final, 7. Bid 26-46, Appendix B - City Issued Bid, 8. Bid 26-46, Appendix C - Legacy's Bid
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-3025
A RESOLUTION TO AWARD BID 26-46 AND AUTHORIZE A CONTRACT WITH LEGACY
CONSTRUCTION MANAGEMENT, INC. IN THE AMOUNT OF $219,950.76 FOR SITE
WORK AND CONSTRUCTION OF THE FUELING STATION CANOPY AT THE
FAYETTEVILLE POLICE DEPARTMENT, TO APPROVE A PROJECT CONTINGENCY IN
THE AMOUNT OF $43,990.15, AND TO APPROVE A BUDGET AMENDMENT
WHEREAS, the original design for the Fayetteville Police Department headquarters included an on-site
fueling station to support continuous operations and reduce long-term fueling costs but it was removed
because of inflation-related cost increases during construction; and
WHEREAS, since opening the new facility in May of 2023, the FPD has relied on off-site commercial
and city-owned fueling stations, which present ongoing operational, logistical, and fiscal limitations; and
WHEREAS, installing an onsite fueling station will enhance daily operations, improve fleet
management, and reduce recurring costs.
NOW, THEREFORE, 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 awards Bid 26-46 and
authorizes a contract with Legacy Construction Management, Inc. in the amount of $219,950.76 for site
work and construction of the fueling station canopy at the Fayetteville Police Department, and further
approves a project contingency in the amount of $43,990.15.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
amendment, a copy of which is attached to this Resolution.
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
City of Fayetteville Staff Review Form
2026-3025
Item ID
10/6/2026
City Council Meeting Date - Agenda Item Only
N/A for Non-Agenda Item
Quin Thompson 9/16/2026 CHIEF OF STAFF (070)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a resolution to award Bid 26-46 and to authorize a contract with Legacy Construction
Management, Inc. in the amount of $219,950.76 for site work and canopy construction for the fueling station at the
Fayetteville Police Department headquarters; to approve a project contingency of $43,990.15; and to approve a
budget amendment of $52,981.00.
Budget Impact:
2300.200.9300-5804.00 Impact Fees
Account Number Fund
07001.2501 Police Impact Fee Impr - Fueling Station
Project Number Project Title
Budgeted Item?Yes Total Amended Budget $442,457.00
Expenses (Actual+Encum)$231,496.40
Available Budget $210,960.60
Does item have a direct cost?Yes Item Cost $263,940.76
Is a Budget Amendment attached?Yes Budget Amendment $52,981.00
$340.00 Remaining Budget $0.84
Purchase Order Number:Previous Ordinance or Resolution #
Change Order Number:Approval Date:
Original Contract Number:
Comments:
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
City of Fayetteville, Arkansas - Budget Amendment/Adjustment
(Agenda)
Budget Year Division
/Org2 POLICE (200)
BA Number
2026 Requestor:Quin Thompson
BUDGET AMENDMENT/ADJUSTMENT DESCRIPTION:
Staff recommends approval of a resolution to award Bid 26-46 and to authorize a contract with Legacy Construction
Management, Inc. in the amount of $219,950.76 for site work and canopy construction for the fueling station at the
Fayetteville Police Department headquarters; to approve a project contingency of $43,990.15.
COUNCIL DATE:10/6/2026
ITEM ID#:2026-3025
Holly Black
9/17/2026 1:44 PM
Budget Division Date
TYPE:D - (City Council)
JOURNAL #:
GLDATE:
RESOLUTION/ORDINANCE CHKD/POSTED:/
v.2026817TOTAL52,981 52,981
Increase / (Decrease)Project.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X
2300.200.9300-5804.00 48,041 -07001 2501 EX Building Costs
2300.200.9300-5911.99 4,940 -07001 2501 EX Contingency - Capital Project
2300.200.9300-4999.99 -52,981 RE Use Fund Balance - Current
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CONTRACT: Bid 26-46, Construction – FPD Fueling Station Rebid
Page 1 of 20
City of Fayetteville, AR
Contract for Services
Construction – FPD Fueling Station Rebid
Contractor: Legacy Construction Management, Inc.
Term: Single Project
THIS AGREEMENT is made this __________ day of , 2026, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Legacy
Construction Management, Inc. (Contractor or Legacy).
CITY OF FAYETTEVILLE from time to time requires professional construction services in connection with construction
projects. Therefore, CITY OF FAYETTEVILLE and Legacy, in consideration of their mutual covenants, agree as follows:
Work performed by Legacy shall be performed under valid, active, current license with the Arkansas Contractor’s Licensing
Board. Legacy shall follow all federal, state, and local laws at all times.
1.Contracted parties and relationship:
a.This agreement shall be binding between all parties. Fees shall be provided as identified in appendices.
i.Legacy’s Tax identification number (TIN) ending in 1498
ii.Legacy’s Arkansas Contractor License No. 0372390527
iii.Legacy’s Secretary of State Filing No. 811123269
2.Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the
parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions,
representations or warranties with respect to the subject matter of this Agreement other than those as expressly
provided herein.
a.Appendices included under this agreement include the following:
i.Appendix A: Bid Tabulation
ii.Appendix B: Bid package identified as Bid 26-46, Construction – FPD Fueling Station Rebid with
the specifications and conditions typed thereon inclusive of all bidding documents, plans and
drawings, and issued addenda.
iii.Appendix C: Legacy’s bid submittal
iv.Appendix D: Legacy’s Certificate of Insurance
v.Appendix E: Legacy’s 100% Performance and Payment Bonds
1.Appendix D and E shall be submitted to the City within the timeframe identified in the bid
documents or 10 (ten) calendar days.
b.This agreement may be modified only by a duly executed written instrument signed by the CITY and Legacy.
c.ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract
Documents, the documents shall govern in the following order: (a) Change Orders and written amendments
to this Agreement which are executed by all parties; (b) the Agreement; (c) Legacy’s Proposal (d) City’s
published bid and associated Addenda.
3.Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the
following addresses:
6 October
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CONTRACT: Bid 26-46, Construction – FPD Fueling Station Rebid
Page 2 of 20
City of Fayetteville, AR
a. City of Fayetteville: 113 W. Mountain Street, Fayetteville, AR 72701
b. Contractor: Legacy Construction Management, Inc., 3733 Wildcat Creek Blvd., Fayetteville, AR 72704
4. General Conditions:
a. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly disclose
to any other part any conflicts that may arise. All parties warrant that it has not and shall not pay or receive
any contingent fees or gratuities to or from any other party, including agents, officer’s employers,
subcontractors, sub-subcontractors, suppliers, volunteers, elected officials, or others to secure preferential
treatment.
b. Workmanship: The Work shall be executed in accordance with the Contract Documents in a workmanlike
manner. All materials used in the Work shall be furnished in sufficient quantities to facilitate the proper
and expeditious execution of the Work and shall be new except as otherwise provided in the Contract
Documents.
c. MATERIALS FURNISHED BY OWNER OR OTHERS: If the Work includes installation of materials or equipment
furnished by City or Others, it shall be the responsibility of the Contractor to examine the items so provided
and thereupon handle, store, and install the items, unless otherwise provided in the Contract Documents,
with such skill and care as to provide a satisfactory and proper installation. Loss or damage due to acts or
omissions of the Contractor shall be the responsibility of Contractor and may be deducted from any
amounts due or to become due. Any defects discovered in such materials or equipment shall be reported
at once to the City and the City’s contracted third-party Design Professional. Following receipt of written
notice from Contractor of defects, City and Design Professional shall promptly inform the City what action,
if any, Contractor shall take with regard to the defects.
d. WORKSITE VISIT: Contractor acknowledges that it has visited, or has had the opportunity to visit, the
Worksite to visually inspect the general and local conditions which could affect the Work.
e. Contractor shall perform all duties and responsibilities necessary to coordinate the various parts of the
Work and to prepare its Work for the work of City or Others.
i. Cutting, patching, or altering the work of City or Others shall be done with the prior written
approval of City and Design Professional. Such approval shall not be unreasonably withheld.
f. COMPLIANCE WITH LAWS: Contractor shall comply with all the Law at its own cost. Contractor shall be
liable to City for all loss, cost, or expense attributable to any acts or omissions by Contractor its employees,
subcontractors, suppliers, and agents for failure to comply with Laws, including fines, penalties, or
corrective measures.
g. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the
acts or omissions of City or Others and not to Contractor, City may either (a) promptly remedy the damage
or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c) issue a Change
Order to remedy the damage or loss. If Contractor incurs costs or is delayed due to such loss or damage,
Contractor may seek an equitable adjustment in the Cost of the Work, Date of Substantial Completion or
Date of Final Completion. Any equitable adjustment shall be approved by all parties.
h. Taxes and Permits: Contractor shall give public authorities all notices required by law and shall obtain and
pay for all necessary permits, licenses, and renewals pertaining to the Work. Contractor shall provide to
City copies of all notices, permits, licenses, and renewals required under this Agreement.
i. Contractor shall pay applicable taxes and permit fees associated with the entire project.
i. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates, and
refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the
Work, or directly to the City after final payment.
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CONTRACT: Bid 26-46, Construction – FPD Fueling Station Rebid
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City of Fayetteville, AR
j. City may occupy or use completed or partially completed portions of the Work when (a) the portion of the
Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) consent to the
occupancy or use, and (c) public authorities authorize the occupancy or use. Contractor shall not
unreasonably withhold consent to partial occupancy or use.
k. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive benefit of all
Parties, and not the benefit of any third party. This Agreement represents the entire and integrated
agreement between the Parties, and supersedes all prior negotiations, representations, or agreements,
either written or oral. This Agreement and each and every provision is for the exclusive benefit of all Parties
and not for the benefit of any third party.
l. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this
Agreement without the written consent of the other Party. The terms and conditions of this Agreement
shall be binding upon all Parties, their partners, successors, assigns, and legal representatives. No Party
shall assign the Agreement without written consent of the other.
m. Where figures are given, they shall be preferred to scaled dimensions.
n. The drawings and specifications are complementary. If Work is shown only on one but not on the other,
Contractor shall perform the Work as though fully described on both. Contractor shall seek clarification
from the City or the City’s third-party Design Professional for any discrepancies.
o. In case of conflicts between the drawings and specifications, the specifications shall govern unless
otherwise stated in the bidding documents. In any case of omissions or errors in figures, drawings, or
specifications, Contractor shall immediately submit the matter to City and Design Professional for
clarification. The City’s clarifications are final and binding, which may include third-party Design
Professional content.
p. DEBARMENT AND SUSPENSION: By execution of this agreement, Contractor certifies that to the best of its
knowledge and belief that the Contractor and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
ii. Have not within a three year period preceding this proposal been convicted of or had a civil
judgment 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;
iii. 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 (2) of
this certification; and
iv. (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.
v. Contractor understands that a false statement on certification regarding debarment and
suspension may be grounds for rejection of this proposal or termination of the award. In addition,
under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a
similar certification for each subcontract awarded in excess of $50,000.
vi. Certifications for subcontracts or sub-subcontracts executed under this agreement shall include all
language in this section.
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CONTRACT: Bid 26-46, Construction – FPD Fueling Station Rebid
Page 4 of 20
City of Fayetteville, AR
5. Definitions:
a. Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or trade
meanings shall be interpreted in accordance with their well-known meanings.
b. “Business Day” means all Days, except weekends and official federal or state holidays where the Project is
located.
c. A “Change Order” is a written order signed by all Parties after execution of this Agreement, indicating
changes in the scope of the Work, and Date of Substantial Completion or Date of Final Completion.
d. “Contract Time” is the period between the Date of Notice to Proceed and the total time authorized to
achieve Final Completion.
e. “Cost of the Work” means the total costs and discounts charged to the City.
f. The “Contractor” is the person or entity identified in this contract and includes Contractor's Representative.
g. “Day” means a calendar day unless otherwise specified.
h. “Defective Work” is any portion of the Work that that does not conform with the requirements of the
Contract Documents.
i. “Design Professional” means the licensed architect or engineer retained by the City and its subconsultants,
to perform design services for the Project.
j. “Final Completion” occurs on the date when Contractor’s obligations under this Agreement are complete
and accepted by City and final payment becomes due and payable. This date shall be confirmed by a
Certificate of Final Completion signed by all Parties.
k. “Hazardous Material” is any substance or material identified now or in the future as hazardous under the
Law, or any other substance or material that may be considered hazardous or otherwise subject to
statutory or regulatory requirement governing handling, disposal, or cleanup.
l. “Interim Directive” is a written order containing change to the Work directed by and in consultation with
City and Design Professional after execution of this Agreement and before Substantial Completion. Interim
Directives shall be consolidated and formalized in a change order to be signed by all parties.
m. “Law” means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work
with which Contractor must comply that are enacted as of the Agreement date.
n. “Others” means City’s other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, sub-
subcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or
any by any of them or for whose acts any of them may be liable.
o. “Overhead” means (a) payroll costs, burden, and other compensation of Contractor’s employees in
Contractor’s principal and branch offices for work associated with this project.
p. “Owner” is the City of Fayetteville, Arkansas (City).
q. The “Owner's Program” is an initial description of Owner's objectives, including budgetary and time criteria,
space requirements and relationships, flexibility and expandability requirements, special equipment and
systems, site requirements, and any requirements for phased occupancy.
r. The “Parties” are collectively City and Contractor.
s. The “Project,” is the building, facility, or other improvements for which Contractor is to perform Work
under this Agreement. It may also include construction by Owner or Others.
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CONTRACT: Bid 26-46, Construction – FPD Fueling Station Rebid
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City of Fayetteville, AR
t. The “Schedule of the Work” is the document prepared by Contractor that specifies the dates on which
Contractor plans to begin and complete various parts of the Work, including dates on which information
and approvals are required from City.
u. “Subcontractor” is a person or entity retained by Contractor as an independent contractor to provide the
labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term
Subcontractor does not include Design Professional or Others.
v. “Substantial Completion” of the Work, or of a designated portion, occurs on the date when the Work is
sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the
Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This
date shall be confirmed by a certificate of Substantial Completion signed by all Parties.
w. A “Sub-subcontractor” is a person or entity who has an agreement with a Subcontractor or another sub-
subcontractor or Supplier to perform a portion of the Subcontractor’s Work or supply material or
equipment.
x. A “Supplier” is a person or entity retained by Contractor to provide material or equipment for the Work.
y. “Terrorism” means a violent act, or an act that is dangerous to human life, property, or infrastructure, that
is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian
population or to influence the policy or affect the conduct of any government by coercion. Terrorism
includes, but is not limited to, any act certified by the United States government as an act of terrorism
pursuant to the Terrorism Risk Insurance Act, as amended.
z. “Work” means the construction services necessary or incidental to fulfill Contractor’s obligations for the
Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer to
the whole Project or only a part of the Project if work is also being performed by Owner or Others.
aa. “Worksite” means the area of the Project where the Work is to be performed.
bb. “Bi-monthly basis” means every fourteen to sixteen calendar days.
6. Contract Document Review and Administration
a. Before commencing the Work, Contractor shall examine and compare the drawings and specifications with
information furnished by the City and Design Professional that are considered Contract Documents,
relevant field measurements made by Contractor, and any visible conditions at the Worksite affecting the
Work.
b. Should Contractor discover any errors, omissions, or inconsistencies in the Contract Documents, Contractor
shall promptly report them to the City and Design Professional. Following receipt of written notice from
Contractor of defects, City shall promptly inform Contractor what action, if any, Contractor shall take with
regard to the defect.
c. Nothing in this section shall relieve Contractor of responsibility for its own errors, inconsistencies, or
omissions.
d. COST REPORTING: Contractor shall maintain complete, accurate, and current records that comply with
generally accepted accounting principles and calculate the proper financial management under this
Agreement. Contractor shall maintain a complete set of all books and records prepared or used by
Contractor with respect to the Project. City shall be afforded access to all of Contractor's records, books,
correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this
Agreement. Contractor shall preserve all such records for a period of three years after the final payment or
longer where required by Law.
7. Warranty
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CONTRACT: Bid 26-46, Construction – FPD Fueling Station Rebid
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City of Fayetteville, AR
a. Contractor warrants all materials and equipment furnished under the Construction Phase of this
Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract
Documents, and free from defective workmanship and materials. At City or Design Professional request,
Contractor shall furnish satisfactory evidence of the quality and type of materials and equipment furnished.
Contractor further warrants all Work shall be free from material defects not intrinsic in the design or
materials required in the Contract Documents. Contractor's warranty does not include remedies for defects
or damages caused by normal wear and tear during normal usage beyond the warranty period, use for a
purpose for which the Project was not intended, improper or insufficient maintenance, modifications
performed by the City or others, or abuse. Contractor's warranty shall commence on the Date of Final
Completion of the Project.
b. To the extent products, equipment, systems, or materials incorporated in the Work are specified and
purchased by the City, they shall be covered exclusively by the warranty of the manufacturer. There are no
warranties which extend beyond description on the face of any such warranty. For such incorporated items,
ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND
THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.
c. Contractor shall obtain from its Subcontractors and Suppliers any special or extended warranties required
by the Contract Documents. Contractor's liability for such warranties shall be limited to the one-year
correction period, as further defined in this Agreement. After that period Contractor shall provide full and
comprehensive assistance to the City in enforcing the obligations of Subcontractors or Suppliers for such
extended warranties.
d. Correction of Work:
i. If before Substantial Completion or within two years after the date of Final Completion of the Work
any Defective Work is found, City shall promptly notify Contractor in writing. Unless City provides
written acceptance of the condition, Contractor shall promptly correct the Defective Work at its
own cost and time and bear the expense of additional services required for correction of any
Defective Work for which it is responsible. If within the two-year correction period City discovers
and does not promptly notify Contractor or give Contractor an opportunity to test or correct
Defective Work as reasonably requested by Contractor, City waives Contractor's obligation to
correct that Defective Work as well as City’s right to claim a breach of the warranty with respect
to that Defective Work.
ii. If Contractor fails to correct Defective Work within a reasonable time after receipt of written notice
from City before final payment, City may correct it in accordance with Owner's right to carry out
the Work. In such case, an appropriate Change Order shall be issued deducting the cost of
correcting the Defective Work from payments then or thereafter due Contractor. If payments then
or thereafter due Contractor are not sufficient to cover such amounts, Contractor shall pay the
difference to City.
iii. Contractor’s obligations and liability, if any, with respect to any Defective Work discovered after
the two-year correction period shall be determined by the Law. If, after the two-year correction
period but before the applicable limitation period has expired, City discovers any Work which City
considers Defective Work, City shall, unless the Defective Work requires emergency correction,
promptly notify Contractor and allow Contractor an opportunity to correct the Work if Contractor
elects to do so. If Contractor elects to correct the Work, it shall provide written notice of such intent
within fourteen (14) Days of its receipt of notice from City and shall complete the correction of
Work within a mutually agreed timeframe. If Contractor does not elect to correct the Work, City
may have the Work corrected by itself or Others, and, if City intends to seek recovery of those costs
from Contractor, City shall promptly provide Contractor with an accounting of the actual correction
costs.
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City of Fayetteville, AR
iv. If Contractor's correction or removal of Defective Work causes damage to or destroys other
completed or partially completed work or existing buildings, Contractor shall be responsible for the
cost of correcting the destroyed or damaged property.
v. The two-year period for correction of Defective Work does not constitute a limitation period with
respect to the enforcement of Contractor's other obligations under the Contract Documents.
vi. Before final payment, at City option and with Contractor's agreement, City may elect to accept
Defective Work rather than require its removal and correction. In such cases the contract shall be
equitably adjusted for any diminution in the value, as determined by City, of the Project caused by
such Defective Work via formal written change order.
8. Safety of Persons and Property
a. SAFETY PROGRAMS: Contractor holds overall responsibility for safety programs. However, such obligation
does not relieve Subcontractors of their safety responsibilities and to comply with the Law. Contractor shall
prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect: (a) its
employees and other persons at the Worksite; (b) materials and equipment stored at onsite or offsite
locations for use in performing the Work; and (c) property located at the Worksite and adjacent to work
areas, whether or not the property is part of the Worksite.
b. CONTRACTOR'S SAFETY REPRESENTATIVE: Contractor shall designate an individual at the Worksite in its
employ as its safety representative. Unless otherwise identified by Contractor in writing to City,
Contractor’s project superintendent shall serve as its safety representative. Contractor shall report
promptly in writing all recordable accidents and injuries occurring at the Worksite. When Contractor is
required to file an accident report with a public authority, Contractor shall furnish a copy of the report to
City.
c. Contractor shall provide City with copies of all notices required of Contractor by the Law. Contractor's safety
program shall comply with the requirements of governmental and quasi-governmental authorities having
jurisdiction.
i. Damage or loss not insured under property insurance that may arise from the Work to the extent
caused by negligent or intentionally wrongful acts or omissions of Contractor, or anyone for whose
acts Contractor may be liable, shall be promptly remedied by Contractor.
d. If City deems any part of the Work or Worksite unsafe, City, without assuming responsibility for Contractor's
safety program, may require Contractor to stop performance of the Work, take corrective measures
satisfactory to City. If Contractor does not adopt corrective measures, City may perform them and deduct
their cost from the GMP. Contractor agrees to make no claim for damages, or an increase in the GMP, or
for a change in the Dates of Substantial or Final Completion based on Contractor's compliance with City’s
reasonable request.
9. Subcontracts:
a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: Contractor agrees to bind every Subcontractor and
Supplier and require every Subcontractor to so bind its subcontractors and significant supplier, to the
Contract Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion
of the Work.
b. Contractor agrees not to subcontract Contractor at risk related services without prior written consent from
the City.
c. If the City deems any subcontractor or subcontractor’s work as unacceptable, the Contractor shall solicit a
different subcontractor (with City’s approval) to perform the work assigned.
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10. Fees, Expenses, and Payments:
a. Legacy, at its own cost and expense, shall furnish all labor, materials, supplies, machinery, equipment, tools,
supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete
items bid per Bid 26-46 as stated in Legacy’s bid response, and in accordance with specifications attached
hereto and made a part hereof under Bid 26-46, all included herein as if spelled out word for word.
b. This turn-key project providing labor and materials shall be provided to the City for a not to exceed fee of
$219,950.76 US Dollars.
c. The City of Fayetteville shall pay Legacy for completion of the project based on a percentage of work
completed. At no point shall payment exceed the percentage of work completed, as determined by the
City.
d. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be
made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to request
receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other
sources. The City of Fayetteville does not agree to any interest or penalty for “untimely” payments.
e. The City reserves the right to withhold five percent (5%) retainage from all payments until project is
completed in full.
f. Not to exceed pricing shall include but not be limited to:
i. Labor wages directly employed by Contractor in performing of the Work.
ii. Salaries of Contractor's employees when stationed at the field office, in whatever capacity
employed, employees engaged on the road expediting the production or transportation of material
and equipment, and employees from the principal or branch office as mutually agreed by the
Parties in writing.
iii. Cost of all employee benefits and taxes, including but not limited to, workers' compensation,
unemployment compensation, social security, health, welfare, retirement, and other fringe
benefits as required by law, labor agreements, or paid under Contractor's standard personnel
policy, insofar as such costs are paid to employees of Contractor who are included in the Cost of
the Work.
iv. Transportation, travel, hotel, and moving expenses of Contractor's personnel incurred in
connection with the Work.
v. Cost of all materials, supplies, and equipment incorporated in the Work, including costs of
inspection and testing if not provided by City, transportation, storage, and handling.
vi. Payments made by Contractor to Subcontractors for work performed under this Agreement.
vii. Cost, including transportation and maintenance of all materials, supplies, equipment, temporary
facilities, and hand tools not owned by the workers that are used or consumed in the performance
of the Work, less salvage value or residual value; and cost less salvage value on such items used,
but not consumed that remain the property of Contractor.
viii. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by
workers, used at the Worksite, whether rented from Contractor or others, including installation,
repair, and replacement, dismantling, removal, maintenance, transportation, and delivery costs at
competitive market rates.
ix. Cost of the premiums for all insurance and surety, performance or payment bonds which
Contractor is required to procure or deems necessary and approved by City.
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x. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which Contractor
is liable.
xi. Permits, taxes, fees, licenses, tests, royalties.
xii. Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and the
cost of corrective work during the Construction Phase and for the warranty period.
xiii. Costs associated with establishing, equipping, operating, maintaining, mobilizing and demobilizing
the field office and site.
xiv. Water, power, and fuel costs necessary for the Work.
xv. Cost of removal of all nonhazardous substances, debris, and waste materials.
xvi. Costs incurred due to an emergency affecting the safety of persons or property.
xvii. Costs directly incurred in the performance of the Work or in connection with the Project, and not
included in Contractor's Fee, which are reasonably inferable from the Contract Documents.
g. STORED MATERIALS AND EQUIPMENT: Unless otherwise provided in the contract documents, applications
for payment may include materials and equipment not yet incorporated into the Work but delivered to and
suitably stored onsite or offsite including applicable insurance, storage, and costs incurred transporting the
materials to an offsite storage facility. Approval of payment applications for stored materials and
equipment stored offsite shall be conditioned on a submission by Contractor of bills of sale and proof of
required insurance, or such other documentation satisfactory to City to establish the proper valuation of
the stored materials and equipment, City’s title to such materials and equipment, and to otherwise protect
City’s interests therein, including transportation to the Worksite. Materials and equipment stored offsite
shall be in a bonded and insured secure facility.
h. FINAL PAYMENT: Upon satisfactory completion of the work performed under this Agreement, as a
condition before final payment under this Agreement, or as a termination settlement under this
Agreement, Legacy shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY
OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically
exempted by Legacy to be set forth therein.
i. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by
the parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE’s claims against Legacy or
sureties under this Agreement.
11. Project Bonding - Performance and payment bonding: After execution of this contract by all parties, Legacy shall
provide 100% separate performance and payment bonds from a bonding company, licensed to do business in the
state of Arkansas. Bonds shall be provided within ten (10) calendar days after this contract has been executed by
all parties and has been stamped and filed by the Washington County Circuit Clerk.
a. All bonds shall be listed with the U.S. Treasury Department listing of approved surety’s (T-List) and shall be
rated A+ minimum by A. M. Best.
12. Time:
a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion
shall be established in the contract documents as a hard not-to-exceed date. If such dates are not
established upon the execution of this Agreement, a Date of Substantial Completion and Date of Final
Completion of the Work shall be established via Change Order.
b. Time is of the essence with regard to the obligations of the Contract Documents.
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c. Unless instructed by City in writing, Contractor shall not knowingly commence the Work before the
effective date of Contractor’s required insurance and bonds and formal written and signed Purchase Order
issued by the City of Fayetteville Procurement Division.
d. Schedule of Work: Before submitting its first application for payment, Contractor shall submit to City and,
if directed, Design Professional, a Schedule of the Work showing the dates on which Contractor plans to
begin and complete various parts of the Work, including dates on which information and approvals are
required from City. Except as otherwise directed by City, Contractor shall comply with the approved
Schedule of the Work or Contractor.
i. City may determine the sequence in which the Work shall be performed, provided it does not
unreasonably interfere with the approved project schedule. City may require Contractor to make
reasonable changes in the sequence at any time during the performance of the Work in order to
facilitate the performance of work by City or Others. If Contractor consequently incurs costs or is
delayed, the Dates of Substantial or Final Completion, or both, Contractor may seek equitable
adjustment.
e. NOTICE OF DELAY CLAIMS: If Contractor requests an equitable extension of the Contract Time or an
equitable adjustment contract as a result of a delay described, Contractor shall give City written notice of
the claim. If Contractor causes delay in the completion of the Work, City shall be entitled to recover its
additional costs.
13. Substantial Completion:
a. The Work shall be Substantially Completed within 100 calendar days after the date when the Contract
Times commence to run as provided in the GENERAL CONDITIONS.
b. Contractor shall notify City and, if directed, Design Professional when it considers Substantial Completion
of the Work or a designated portion to have been achieved. City, with the assistance of its Design
Professional, shall promptly conduct an inspection to determine whether the Work or designated portion
can be occupied or used for its intended use by City without excessive interference in completing any
remaining unfinished Work. If City determines the Work or designated portion has not reached Substantial
Completion, City, with the assistance of its Design Professional, shall promptly compile a list of items to be
completed or corrected so City may occupy or use the Work or designated portion for its intended use.
Contractor shall promptly and accurately complete all items on the list.
c. When Substantial Completion of the Work or a designated portion is achieved, Contractor shall prepare a
Certificate of Substantial Completion establishing the date of Substantial Completion and the respective
responsibilities of each Party for interim items such as security, maintenance, utilities, insurance, and
damage to the Work, and fixing the time for completion of all items on the list accompanying the Certificate.
The Certificate of Substantial Completion shall be submitted by Contractor to City and, if directed, to Design
Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion.
d. Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work or a designated portion.
e. Upon City’s written acceptance of the Certificate of Substantial Completion, City shall pay to Contractor the
remaining retainage held by City for the Work described in the Certificate of Substantial Completion less a
sum equal to one hundred and fifty percent (150%) of the estimated cost of completing or correcting
remaining items on that part of the Work, as agreed to by the Parties as necessary to achieve Final
Completion, including all close outs. Uncompleted items shall be completed by Contractor in a mutually
agreed upon timeframe.
14. Final Completion:
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a. The Work shall be completed and ready for final payment in accordance with the GENERAL CONDITIONS
within 120 calendar days after the date when the Contract Times commence to run.
b. Upon notification from Contractor that the Work is complete and ready for final inspection and acceptance,
City, with the assistance of its Design Professional shall promptly conduct an inspection to determine if the
Work has been completed and is acceptable under the Contract Documents.
c. When the Work is complete, Contractor shall prepare for City’s written acceptance a final application for
payment stating that to the best of Contractor knowledge, and based on City’s inspections, the Work has
reached Final Completion in accordance with the Contract Documents.
d. Final payment shall be made to Contractor within thirty (30) Days after Contractor has submitted an
application for final payment, pending the application has been approved by the City, including submissions
required, and a Certificate of Final Completion has been executed by all Parties.
e. Final payment shall be due on Contractor's submission of the following to the City:
i. an affidavit declaring any indebtedness connected with the Work, to have been paid, satisfied, or
to be paid with the proceeds of final payment, so as not to encumber City property;
ii. as-built drawings, manuals, copies of warranties, and all other close-out documents required by
the Contract Documents;
iii. release of any liens, conditioned on final payment being received;
iv. consent of any surety; and
v. any outstanding known and unreported accidents or injuries experienced by Contractor or its
Subcontractors at the Worksite.
f. If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is materially
delayed through no fault of Contractor. If approved by City, they shall pay the balance due for any portion
of the Work fully completed and accepted. If the remaining contract balance for Work not fully completed
and accepted is less than the retained amount before payment, Contractor shall submit to City and, if
directed, Design Professional the written consent of any surety to payment of the balance due for portions
of the Work that are fully completed and accepted. Such payment shall not constitute a waiver of claims,
but otherwise shall be governed by this section.
g. ACCEPTANCE OF FINAL PAYMENT: Unless Contractor provides written identification of unsettled claims
with an application for final payment, its acceptance of final payment constitutes a waiver of such claims.
h. Legacy shall ensure that the City of Fayetteville receives lien waivers from all material suppliers,
subcontractors and sub-subcontractors and before work begins on the project. The Contractor shall give
written notice to the material suppliers, subcontractors and sub-subcontractors providing work on the
project that states the following:
i. ‘According to Arkansas law, it is understood that no liens can be filed against public property if valid
and enforceable payment and performance bond is in place. Regarding this Project and Agreement,
the valid and enforceable bonds are with ( name of surety ).’
ii. Legacy shall have each subcontractor, sub-subcontractor and material supplier execute a written
receipt evidencing acknowledgment of this statement prior to commencement of the work of the
subcontractor or material supplier.
15. Liquidated Damages: Contractor accepts the provisions as to liquidated damages in the event of failure to complete
the Work within the total completion time. Liquidated damages in the sum of $500.00 USD for each consecutive
calendar day thereafter will be assessed.
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16. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if
addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier.
17. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case.
18. Venue: Venue for all legal disputes shall be Washington County, Arkansas.
19. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing 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 shall 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 photo coping costs pursuant to the FOIA may be assessed for this compliance.
20. Changes in Scope or Price: 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.
21. Digital Accessibility Requirements: If applicable, Contractor shall provide accessibility conformance reports (ACRs)
for any software provided by the Contractor that will be accessible by the public upon delivery, whether developed
by the Contractor or a third-party. Visit the link for more information: https://www.fayetteville-
ar.gov/DocumentCenter/View/39767/Web-Accessibility-Requirements-for-Vendors_-and-Technology-Addendum
a. Contractor must address all accessibility issues in any software provided or licensed by the Contractor and
delivered to the City, as well as any documents delivered by the Contractor.
b. Contractor must ensure that end user deliverables adhere to the WCAG 2.1 AA standard as defined by title
II of the Americans with Disabilities Act.
i. Deliverables are defined as any web platform or mobile application, or documents that may be
hosted on a web or mobile platform. This includes documents, spreadsheets or presentations
regardless of format (Microsoft Office products, PDF, etc.).
c. Contractor must ensure accessibility is addressed during all stages of a project, from commencement to
implementation. Contractor must meet with City staff at the City’s discretion to review accessibility issues.
d. If Contractor deliverables fail to comply with WCAG 2.1 Level AA standard, the Contractor shall provide the
City with a credit to cover the cost of additional accessibility testing and resolution. Such credits shall not
exceed 5% of either (1) the total fixed price due to the Contractor under the contract or (2) the total not-
to-exceed amount of the contract if entered under a time and materials basis.
22. Insurance:
a. Before starting the Work and as a condition precedent to payment, Contractor shall procure and maintain
in force Workers’ Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability
Insurance, and Commercial General Liability Insurance (“CGL”). The CGL policy shall include coverage for
liability arising from premises, operations, independent contractors, products-completed operations,
personal injury and advertising injury, contractual liability, pollution coverage, and broad form property
damage. Contractor shall maintain completed operations liability insurance for one year after Substantial
Completion, or as required by the Contract Documents, whichever is longer.
b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a single
policy for the full limits required or by a combination of underlying policies with the balance provided by
excess or umbrella liability policies.
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City of Fayetteville, AR
c. Contractor shall maintain in effect all insurance coverage required with insurance companies lawfully
authorized to do business in the jurisdiction in which the Project is located. If Contractor fails to obtain or
maintain any insurance coverage required under this Agreement, City may purchase such coverage and
charge the expense to Contractor or terminate this Agreement.
d. To the extent commercially available to Contractor from its current insurance company, insurance policies
required shall contain a provision that the insurance company or its designee shall give City written notice
transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance
company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before
commencing the Work and upon renewal or replacement of the insurance policies, Contractor shall furnish
City with certificates of insurance until one year after Substantial Completion or longer if required by the
Contract Documents. In addition, if any insurance policy required is not to be immediately replaced without
lapse in coverage when it expires, exhausts its limits, or is to be cancelled, Contractor shall give City prompt
written notice upon actual or constructive knowledge of such condition.
e. Certificates of Insurance shall list the City as Additional Insured Parties.
f. PROPERTY INSURANCE:
i. At no time shall any policy be covered by self-insurance or in a self-insured format. All policies shall
be covered by an approved commercial insurance professional properly licensed to do business in
Arkansas.
ii. Unless otherwise directed in writing by City, before starting the Work, Legacy shall obtain and
maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time
of loss, including existing structures. This insurance shall also (a) name Legacy, Subcontractors,
Sub-subcontractors, and Design Professional as named insureds; (b) be written in such form to
cover all risks of physical loss except those specifically excluded by the policy; and (c) insure at least
against and not exclude:
1. The perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft,
including helicopter, operated by or on behalf of Legacy) and vehicles, riot and civil
commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth
movement, water damage, wind damage, testing if applicable, collapse, however caused;
2. Damage resulting from defective design, workmanship, or material;
3. Coverage extension for damage to existing buildings, plant, or other structures at the
Worksite, when the Project is contained within or attached to such existing buildings, plant
or structures. Coverage shall be to the extent loss or damage arises out of Constructor’s
activities or operations at the Project.
4. Equipment breakdown, including mechanical breakdown, electrical injury to electrical
devices, explosion of steam equipment, and damage to steam equipment caused by a
condition within the equipment;
5. Testing coverage for running newly installed machinery and equipment at or beyond the
specified limits of their capacity to determine whether they are fit for their intended use;
and
6. Physical loss resulting from Terrorism.
iii. The Party that is the primary cause of a Builder’s Risk Policy claim shall be responsible for any
deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the
Party obtaining and maintaining the Builder’s Risk Policy shall be responsible for the deductible
amounts or coinsurance payments. This policy shall provide for a waiver of subrogation. This
insurance shall remain in effect until final payment has been made or until no person or entity
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City of Fayetteville, AR
other than City has an insurable interest in the property to be covered by this insurance, whichever
is sooner. Partial occupancy or use of the Work shall not commence until City has secured the
consent of the insurance company or companies providing the coverage required in this
subsection. Before commencing the Work, City shall provide a copy of the property policy or
policies obtained.
iv. If City elects to purchase the property insurance required by this Agreement, including all of the
coverages and deductibles for the same durations specified, City shall give written notice to Legacy
before the Work is commenced and provide a copy of the property policy or policies obtained in
compliance with this agreement. City may then provide insurance to protect its interests and the
interests of the Constructor, Subcontractors, Suppliers, and Sub-subcontractors. The cost of this
insurance shall be paid by City in a Change Order. If City gives written notice of its intent to
purchase property insurance required by this Agreement and fails to purchase or maintain such
insurance, City shall be responsible for costs reasonably attributed to such failure.
v. The Parties each waive all rights against each other and their respective employees, agents,
contractors, subcontractors, suppliers, sub-subcontractors, and design professionals for damages
caused by risks covered by the property insurance, except such rights as they may have to the
proceeds of the insurance.
1. To the extent of the limits of Legacy’s Commercial General Liability Insurance, Legacy shall
indemnify and hold harmless City against any and all liability, claims, demands, damages,
losses, and expenses, including attorneys' fees, in connection with or arising out of any
damage or alleged damage to any of City’s existing adjacent property, including personal
property, that may arise from the performance of the Work, to the extent caused by the
negligent or intentionally wrongful acts or omissions of Legacy, Subcontractor, Supplier,
Sub-subcontractor, or anyone employed directly or indirectly by any of them or by anyone
for whose acts any of them may be liable.
g. RISK OF LOSS: Except to the extent a loss is covered by applicable insurance, risk of loss from damage to
the Work shall be upon the Party obtaining and maintaining the Builder’s Risk until the Date of Final
Completion.
h. ADDITIONAL GENERAL LIABILITY COVERAGE: City shall require Contractor to purchase and maintain
additional liability coverage. Contractor shall provide:
i. Additional Insured. City shall be named as an additional insured on Contractor's Commercial
General Liability (CGL) specified, for on-going operations and completed operations,
excess/umbrella liability, commercial automobile liability, and any required pollution liability, but
only with respect to liability for bodily injury, property damage, or personal and advertising injury
to the extent caused by the negligent acts or omissions of Contractor, or those acting on
Contractor's behalf, in the performance of Contractor's work for Owner at the Worksite. The
insurance of the Contractor and its Subcontractors (both primary and excess) shall be primary to
any insurance available to the Additional Insureds. Any insurance available to the Additional
Insureds shall be excess and non-contributory.
ii. OCP. Contractor shall provide an Owners' and Contractors' Protective Liability Insurance (“OCP”)
policy with limits equal to the limits on CGL specified, or limits as otherwise required by Owner.
i. Any documented additional cost in the form of a surcharge associated with procuring the additional liability
coverage in accordance with this subsection shall be paid by Contractor. Before commencing the Work,
Contractor shall provide either a copy of the OCP policy, or a certificate and endorsement evidencing that
City has been named as an additional insured, as applicable.
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i. ROYALTIES, PATENTS, AND COPYRIGHTS: Contractor shall pay all royalties and license fees which
may be due on the inclusion of any patented or copyrighted materials, methods, or systems
selected by Contractor and incorporated in the Work. Contractor shall defend, indemnify, and hold
City harmless from all suits or claims for infringement of any patent rights or copyrights arising out
of such selection.
j. PROFESSIONAL LIABILITY INSURANCE: To the extent Contractor is required to procure design services,
Contractor shall require its design professionals to obtain a commercial professional liability insurance for
claims arising from the negligent performance of professional services under this Agreement, with a
company reasonably satisfactory to City, including coverage for all professional liability caused by any
consultants to Contractor’s design professional, written for not less than one million US dollars ($1,000,000)
per claim and in the aggregate. Contractor’s design professional shall pay the deductible. The Professional
Liability Insurance shall contain a retroactive date providing prior acts coverage sufficient to cover all
Services performed by the Constructor’s design professional for this Project. Coverage shall be continued
in effect for the entire warranty period.
23. Professional Responsibility: Legacy will exercise reasonable skill, care, and diligence in the performance of services
and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF
FAYETTEVILLE will promptly report to Legacy any defects or suspected defects in services of which CITY OF
FAYETTEVILLE becomes aware, so Legacy can take measures to minimize the consequences of such a defect. CITY
OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of Legacy.
24. Responsibility of the City of Fayetteville
a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of Legacy:
i. Provide full information as to the requirements for the Project.
ii. Assist Legacy by placing at Legacy’s disposal all available information pertinent to the assignment
including previous reports and any other data relative thereto.
iii. Assist Legacy in obtaining access to property reasonably necessary for Legacy to perform its
services.
iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented
by Legacy and render in writing decisions pertaining thereto.
v. Review all documents and provide written comments to Legacy in a timely manner.
vi. The City of Fayetteville Construction and Capital Improvement Director is the project
representative with respect to the services to be performed under this Agreement. The City of
Fayetteville Construction and Capital Improvement Director shall have complete authority to
transmit instructions, receive information, interpret and define policies and decisions with respect
to materials, equipment, elements and systems to be used in the Project, and other matters
pertinent to the services covered by this Agreement.
25. Cost Opinions and Projections: Cost opinions and projections prepared by Legacy relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and
operating results are based on Legacy experience, qualifications, and judgment as a professional contractor.
26. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE
authorizing services hereunder.
a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project
through completion of the services stated in the Agreement. Legacy shall proceed with providing the
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authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said
authorization shall include the scope of the services authorized and the time in which the services are to
be completed.
27. Termination:
a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial
failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating
party, provided that no termination may be affected unless the other party is given:
i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate,
ii. An opportunity for consultation with the terminating party prior to termination.
b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its
convenience, provided that Legacy is given:
i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate,
ii. An opportunity for consultation with the terminating party prior to termination.
c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price
provided for in this Agreement shall be made, but
i. No amount shall be allowed for anticipated profit on unperformed services or other work,
ii. Any payment due to Legacy at the time of termination may be adjusted to cover any additional
costs to CITY OF FAYETTEVILLE because of Legacy’s default.
d. If termination for default is affected by Legacy, or if termination for convenience is affected by CITY OF
FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work
performed. The equitable adjustment for any termination shall provide for payment to Legacy for services
rendered and expenses incurred prior to the termination, in addition to termination settlement costs
reasonably incurred by Legacy relating to commitments which had become firm prior to the termination.
e. Upon receipt of a termination action under Paragraphs above, Legacy shall:
i. Promptly discontinue all affected work (unless the notice directs otherwise),
ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications,
reports, estimates, summaries and such other information and materials as may have been
accumulated by Legacy in performing this Agreement, whether completed or in process.
f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award
another party an agreement to complete the work under this Agreement.
g. If, after termination for failure of Legacy to fulfill contractual obligations, it is determined that Legacy had
not failed to fulfill contractual obligations, the termination shall be deemed to have been for the
convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as
provided in this agreement.
28. Delays
a. In the event the services of Legacy are suspended or delayed by CITY OF FAYETTEVILLE, or by other events
beyond Legacy’s reasonable control, Legacy shall be entitled to additional compensation and time for
reasonable documented costs incurred by Legacy in temporarily closing down or delaying the Project.
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CONTRACT: Bid 26-46, Construction – FPD Fueling Station Rebid
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City of Fayetteville, AR
b. In the event the services are suspended or delayed by Legacy, CITY shall be entitled to compensation and
time for reasonable costs incurred in temporarily closing down or delaying the Project.
29. Rights and Benefits: Legacy’s services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for
the benefit of any other person or entities.
30. Dispute Resolution
a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF
FAYETTEVILLE and Legacy which arise from, or in any way are related to, this Agreement, including, but not
limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions
of CITY OF FAYETTEVILLE or Legacy in the performance of this Agreement, and disputes concerning
payment.
b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice
is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures,
such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the
procedures in this agreement have been complied with.
c. Notice of Dispute
i. For disputes arising prior to the making of final payment promptly after the occurrence of any
incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve
the other party with a written Notice.
ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall
give Legacy written Notice at the address listed in this agreement within thirty (30) calendar days
after occurrence of any incident, accident, or first observance of defect or damage. In both
instances, the Notice shall specify the nature and amount of relief sought, the reason relief should
be granted, and the appropriate portions of this Agreement that authorize the relief requested.
iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY
OF FAYETTEVILLE and Legacy shall confer in an effort to resolve the dispute. If the dispute cannot
be resolved at that level, then, upon written request of either side, the matter shall be referred to
the President of Legacy, and the Mayor of CITY OF FAYETTEVILLE or his or her designee. These
officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar
days of the written request to resolve the dispute.
31. Sufficient Funds: The CITY represents having sufficient funds or the means of obtaining funds to remit payment to
Legacy for services rendered by Legacy. All parties agree that if funding should become insufficient to complete the
project, Legacy shall be notified in a timely manner.
32. Indemnification: The CITY requires Legacy to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE for
any loss caused by negligence and from and against any and all loss where loss is caused or incurred or alleged to
be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Legacy, or
their employees, agents, Subcontractors, sub consultant and Suppliers of the Legacy.
33. Publications: Recognizing the importance of professional services on the part of Legacy’s employees and the
importance of Legacy’s public relations, Legacy may prepare publications, such as technical papers, articles for
periodicals, promotional materials, and press releases, in electronic or other format, pertaining to Legacy’s services
for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE’s
advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE’s
comments to Legacy, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information
from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved
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CONTRACT: Bid 26-46, Construction – FPD Fueling Station Rebid
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City of Fayetteville, AR
materials may be used in a variety of situations and do not require additional review or approval for each use. The
cost of Legacy’s activities pertaining to any such publication shall be for Legacy’s account.
34. Ownership of Documents:
a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates,
field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. Legacy may retain
reproduced copies of drawings and copies of other documents.
b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy
or electronic media prepared by Legacy as part of the Services shall become the property of CITY OF
FAYETTEVILLE when Legacy has been compensated for all Services rendered, provided, however, that
Contractor shall have the unrestricted right to their use. Legacy shall, however, retain its rights in its
standard drawings details, specifications, databases, computer software, and other proprietary property.
Rights to intellectual property developed, utilized, or modified in the performance of the Services shall
remain the property of Legacy.
c. Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. Legacy makes no warranty as to the compatibility of these files with
any other system or software. Because of the potential degradation of electronic medium over time, in the
event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed
drawings/hard copies will govern.
35. Additional Responsibilities of Legacy:
a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished
hereunder by CITY shall not in any way relieve Legacy of responsibility for the technical adequacy of the
work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed
as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of
this Agreement.
b. Legacy shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF
FAYETTEVILLE caused by Legacy’s negligent performance, except beyond the Legacy’s normal standard of
care, of any of the services furnished under this Agreement, and except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data.
c. Legacy’s obligations under this clause are in addition to Contractor’s other express or implied assurances
under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may
have against Legacy for faulty materials, equipment, or work.
d. Legacy shall provide weekly updates to appropriate City staff, identified by the City, throughout the
duration of the project following the Notice to Proceed. Each update shall include all reports, photographs,
schedules, and any other documentation as may be requested or specified by the City. Legacy shall submit
such updates in the format and manner directed by the City and within the deadlines established by City
staff.
36. Audit and Access to Records:
a. Legacy shall maintain books, records, documents and other evidence directly pertinent to performance on
work under this Agreement in accordance with generally accepted accounting principles and practices
consistently applied in effect on the date of execution of this Agreement.
b. Legacy shall also maintain the financial information and data used by Legacy in the preparation of support
of the cost submission required for any negotiated agreement or change order and send to CITY OF
FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their
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CONTRACT: Bid 26-46, Construction – FPD Fueling Station Rebid
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City of Fayetteville, AR
authorized representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, auditing and copying during normal business hours. Legacy will provide proper
facilities for such access and inspection.
c. Records shall be maintained and made available during performance on assisted work under this
Agreement and until three years from the date of final payment for the project. In addition, those records
which relate to any controversy arising out of such performance, or to costs or items to which an audit
exception has been taken, shall be maintained and made available until three years after the date of
resolution of such appeal, litigation, claim or exception.
d. This right of access clause (with respect to financial records) applies to:
i. Negotiated prime agreements
ii. Negotiated change orders or agreement amendments affecting the price of any formally
advertised, competitively awarded, fixed price agreement
iii. Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not apply to a
prime agreement, lower tier sub agreement or purchase order awarded after effective price
competition, except:
1. With respect to record pertaining directly to sub agreement performance, excluding any
financial records of Legacy;
2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be
involved;
3. If the sub agreement is terminated for default or for convenience.
37. Covenant Against Contingent Fees: Legacy warrants that no person or selling agency has been employed or retained
to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage
or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained
by Legacy for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or
consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
38. Gratuities:
a. If CITY OF FAYETTEVILLE finds after a notice and hearing that Legacy or any of Legacy agents or
representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official,
employee or agent of CITY OF FAYETTEVILLE or related third party contractor associated with this project,
in an attempt to secure an agreement or favorable treatment in awarding, amending or making any
determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written
notice to Legacy terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and
remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such findings shall be in issue and may be reviewed in proceedings under the Remedies
clause of this Agreement.
b. The CITY may pursue the same remedies against Legacy as it could pursue in the event of a breach of the
Agreement by Legacy. As a penalty, in addition to any other damages to which it may be entitled by law,
CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
10/06/2026
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Line # Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
1 Mobilization 1 LS $10,379.00 $10,379.00 $9,350.00 $9,350.00 $7,894.75 $7,894.75 $5,000.00 $5,000.00 $14,500.00 $14,500.00
2 Bonds & Insurance 1 LS $2,450.00 $2,450.00 $13,500.00 $13,500.00 $9,989.86 $9,989.86 $8,320.42 $8,320.42 $15,000.00 $15,000.00
3 Trench & Excavation Safety 1 LS $500.00 $500.00 $500.00 $500.00 $575.00 $575.00 $500.00 $500.00 $25,000.00 $25,000.00
4 General Conditions 1 LS $31,487.00 $31,487.00 $62,154.00 $62,154.00 $23,352.35 $23,352.35 $73,266.00 $73,266.00 $42,500.00 $42,500.00
5 Furnish, Install, and Maintain Erosion Control Measures 1 LS $4,000.00 $4,000.00 $1,330.00 $1,330.00 $3,714.50 $3,714.50 $15,925.00 $15,925.00 $2,500.00 $2,500.00
6 Furnish and Install Concrete Bollards 12 EA $645.00 $7,740.00 $505.89 $6,070.68 $1,018.33 $12,219.96 $300.00 $3,600.00 $1,000.00 $12,000.00
7 Excavation Required for Underground Fuel Storage Tanks 454 CY $16.00 $7,264.00 $45.00 $20,430.00 $61.84 $28,075.36 $105.23 $47,774.42 $89.00 $40,406.00
8 Excavation Required for Electrical Conduits 58 CY $35.00 $2,030.00 $87.18 $5,056.44 $247.45 $14,352.10 $29.00 $1,682.00 $138.00 $8,004.00
9 Select Backfill required for Underground Fuel Storage Tanks 454 CY $88.00 $39,952.00 $32.47 $14,741.38 $88.63 $40,238.02 $33.03 $14,995.62 $44.00 $19,976.00
10 Select Backfill Required for Electrical Conduits 58 CY $95.00 $5,510.00 $78.34 $4,543.72 $191.83 $11,126.14 $30.00 $1,740.00 $78.00 $4,524.00
11 8" 4000 PSI Portland Cement Concrete Pavement 308 SY $111.93 $34,474.44 $76.23 $23,478.84 $85.48 $26,327.84 $97.40 $29,999.20 $156.00 $48,048.00
12 4" ARDOT Class 7 Aggregate Base Compacted 308 SY $25.49 $7,850.92 $32.67 $10,062.36 $27.35 $8,423.80 $55.20 $17,001.60 $65.00 $20,020.00
13 Asphalt Pavement Repair 141 SY $80.00 $11,280.00 $77.90 $10,983.90 $48.94 $6,900.54 $88.00 $12,408.00 $105.00 $14,805.00
14 Sawcut Existing Pavement 213 LF $10.00 $2,130.00 $30.20 $6,432.60 $12.53 $2,668.89 $154.53 $32,914.89 $40.00 $8,520.00
15 Furnish and Install Canopy & Foundation 1 LS $52,903.40 $52,903.40 $84,065.63 $84,065.63 $78,063.50 $78,063.50 $41,044.00 $41,044.00 $59,500.00 $59,500.00
Certification of Funds: $500,000 ($650,000 maximum allowed)
Deadline: Thursday, August 20, 2026 at 2:00 PM
Bid 26-46, Construction - FPD Fueling Station Rebid
BID TABULATION
Kenny Fitch, Sr Procurement Agent
______________________________________________________________________________
Trevel Young, Procurement Agent
______________________________________________________________________________
* NOTICE: Bid award is contingent upon supplier meeting minimum specifications and formal authorization by City Officials.
EWI, Inc.Milestone Construction
Company
Southern Brothers
Construction
Austin Construction
Group, Inc.
$272,699.55$219,950.76Total
Legacy Construction
Management, Inc
$335,303.00$306,171.15$273,922.61
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
City of Fayetteville, Arkansas
Procurement Division – Room 306
113 W. Mountain
Fayetteville, AR 72701
Phone: 479.575.8256
TDD (Telecommunication Device for the Deaf): 479.521.1316
INVITATION TO BID
Bid 26-46, Construction – FPD Fueling Station Rebid
DEADLINE: Thursday, August 20, 2026 before 2:00 PM, Local Time
PRE-BID MEETING: Thursday, August 6, 2026 at 10:00 AM
CONTACT: Sr. Procurement Agent, Kenny Fitch, kfitch@fayetteville-ar.gov
DATE OF ISSUE & ADVERTISEMENT: 07/26/2026 & 08/02/2026
No late bids shall be accepted. Bids shall be submitted in one of the following methods: (1) through the City’s third-party
electronic bidding platform or (2) delivering in person via sealed envelope to the City of Fayetteville Procurement Division.
Submitting through the City’s electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance
with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in
every blank and shall supply all information requested; failure to do so may be used as basis of rejection.
NOTICE TO ALL BIDDERS:
All interested parties can obtain files for this project by going to http://fayetteville-ar.gov/bids. Bid documents shall be
distributed electronically from the City of Fayetteville Procurement Division only.
BID PACKAGE INCLUDES THE FOLLOWING FILES WHICH SHALL BE LISTED UNDER “ATTACHMENTS”:
FILE #01: PROJECT MANUAL – 93 Total Pages
FILE #02: PLANS – 11 Total Pages
*Additional files added as addendums are issued. Addendums will be uploaded and posted to the City’s electronic bidding
platform.
*PLAN HOLDER LISTINGS: A listing of vendors who have received documents can be found in the City’s electronic bidding
platform under the project section tab titled ‘Plan Holders’.
Bidder shall assume all responsibility for receiving updates and any addenda issued to this project by monitoring
http://fayetteville-ar.gov/bids. Failure to acknowledge addenda issued as instructed could result in bid rejection.
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Project Check List
This checklist is for the Bidder’s use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a
bid and shall not be used as a substitute for the requirements of the bid documents. Use of this checklist does not relieve the Bidder
from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders
are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement.
5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.)
o In lieu of a bid bond, the bidder may submit a cashier’s check from a bank located in the State of Arkansas for at
least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier’s checks shall be made
payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in-person delivery
appointment with the City Procurement Division.
• All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums
or marking acknowledgement on other bid pages).
All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid
documents
• All bids shall be received before the stated deadline utilizing the City’s electronic bidding platform or submitting a physical
sealed bid to the City Procurement Division. Submitting a bid electronically is strongly encouraged. A public bid opening
will be conducted shortly after the deadline at City Hall and livestreamed on Zoom. Late or misdirected bids shall not be
accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder’s technical
equipment. If submitting a physical bid, all bid documents shall be delivered in a sealed envelope to the address stated
in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder
(contractor) on the sealed envelope as well as the bidders Arkansas Contractor’s License Number.
Additional Information Requested:
• AR Secretary of State Filing #: _______________________ OR submit electronically.
• Arkansas Contractor License #: _______________________ OR submit electronically.
• SAM Unique Entity Identifier #: ________________________ OR submit electronically.
• Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
o Submit electronically or circle applicable answer: YES or NO
• Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently
boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering
into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the
contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must
notify the contracted public entity in writing.
o Submit electronically or circle applicable answer: YES or NO
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Advertisement
City of Fayetteville, Arkansas
INVITATION TO BID
Bid 26-46, Construction – FPD Fueling Station Rebid
The City of Fayetteville is accepting sealed bids from properly licensed contractors to construct a fueling station located at
the Fayetteville Police Department. Questions regarding this bid should be addressed to Kenny Fitch, Sr. Procurement
Agent at kfitch@fayetteville-ar.gov.
A non-mandatory Pre-Bid meeting will be held Thursday, August 6, 2026, at 10:00 AM local time. Details regarding the
pre-bid meeting are available on the project page on the City’s electronic bidding platform. All interested parties are
encouraged to attend.
Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Procurement Division’s
electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Thursday, August 20, 2026,
before 2:00 PM local time, utilizing the electronic bidding software or by submitting a sealed bid to the City of Fayetteville
Procurement Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted
shortly after the deadline and livestreamed on Zoom.
Each bid exceeding $50,000 shall be accompanied by a cashier’s check from a bank doing business in the State of Arkansas
or a corporate bid bond for five (5) percent of the amount bid. In the event a bidder opts to submit a cashier’s check for a
bid bond, the actual physical cashier’s check shall be delivered to the City prior to the deadline. One hundred percent
(100%) performance and payment bonds are required after the contract award. This amount includes any approved
contingency.
Bidders shall have a valid State of Arkansas Contractors License prior to the bid deadline and a registration in good
standing with the Arkansas Secretary of State prior to the bid award.
Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and
women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of
Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and
women business enterprises.
The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a
period which shall not exceed beyond ninety (90) days from the bid opening date.
City of Fayetteville
By: Kenny Fitch
Sr. Procurement Agent
479.578.8258 kfitch@fayetteville-ar.gov
TDD (Telecommunications Device for the Deaf): (479) 521-1316
Date of advertisement: 07.26.26 & 08.02.26
This publication was paid for by the Procurement Division of the City of Fayetteville, Arkansas.
Amount paid: $401.92
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TABLE OF CONTENTS
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 00 – COVER PAGE, CHECKLIST, ADVERTISEMENT, AND TABLE OF CONTENTS ………….… 1 - 6
SECTION 01 – INSTRUCTIONS TO BIDDERS ………………………………………………………………….………… 1 - 12
PART ONE DEFINED TERMS 1
PART TWO COPIES OF BIDDING DOCUMENTS 1
PART THREE EXAMINATION OF SITE AND CONTRACT DOCUMENTS 2
PART FOUR AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 3
PART FIVE INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA 3
PART SIX APPROXIMATE ESTIMATE OF QUANTITES 4
PART SEVEN UNIT PRICES 4
PART EIGHT BID FORM 4
PART NINE SIGNATURE ON BIDS 5
PART TEN BID BOND 5
PART ELEVEN PERFORMANCE BOND AND PAYMENT BOND 6
PART TWELVE INSURANCE REQUIREMENTS 7
PART THIRTEEN CONTRACT TIME 7
PART FOURTEEN LIQUIDATED DAMAGES 7
PART FIFTEEN SUBCONTRACTORS, SUPPLIERS, AND OTHERS 8
PART SIXTEEN SUBSTITUTE AND “OR EQUALS” ITEMS 8
PART SEVENTEEN QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 8
PART EIGHTEEN DISQUALIFICATIONS OF BIDDERS 9
PART NINETEEN OPENING OF BIDS 9
PART TWENTY EVALUATION OF BIDS 9
PART TWENTY-ONE RIGHT TO REJECT BIDS 10
PART TWENTY-TWO AWARDING OF CONTRACT 10
PART TWENTY-THREE RETAINAGE 10
PART TWENTY-FOUR SIGNING OF AGREEMENT 11
PART TWENTY-FIVE MATERIALS GUARANTEE 11
PART TWENTY-SIX FAMILIARITY WITH LAWS 11
PART TWENTY-SEVEN INDEMNIFICATION 11
PART TWENTY-EIGHT MISCELLANEOUS 11
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
SECTION 02 – BID FORM ………………………………………………………………………………………………………… 1 - 5
SECTION 03 – LIST OF SUBCONTRACTORS ………………………………………………………….……………………. 1 - 1
SECTION 04 – CONTRACTOR REFERENCES ……………………………………………….………………………………. 1 - 1
SECTION 05 – BID BOND ………………………………………………………………………………………….……………… 1 - 2
SECTION 06 – PERFORMANCE BOND ……………………………………………………….…………………………….. 1 - 2
SECTION 07 – PAYMENT BOND ……………………………………………………………………….……….…………….. 1 - 3
SECTION 08 – TECHNICAL SPECIFICATIONS ……………………………………………………………………….…… 1 - 59
SECTION 09 – GEOTECHNICAL REPORT …….…………………………………………….………………………….…… 1 - 6
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 01 – INSTRUCTIONS TO BIDDERS
1
SECTION 01
INSTRUCTIONS TO BIDDERS
PART ONE - DEFINED TERMS
1.1. Terms used in these Instructions to Bidders which are defined in the General Conditions have the
meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions
to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.
1.2 Bidder – One who submits a Bid directly to City of Fayetteville as distinct from a sub-bidder, who submits
a bid to a Bidder.
1.3 Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding
procedures are to be administered.
1.4 Successful Bidder – The lowest, responsible, and responsive Bidder to whom the City of Fayetteville (on
the basis of the City of Fayetteville's evaluation as hereinafter provided) makes an award.
1.5 Local Time – Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline.
Bids shall be received before the deadline time as shown by the atomic clock located in the Purchasing
Division Office.
1.6 Substitution – Item(s) of material, equipment, or substrate that differs in application method, material,
warranty, and/or performance as outlined in the specifications. Substitution requests shall be submitted
to the Purchasing Division by bid question deadline. Substitution requests will be addressed via
addendum.
1.7 Equivalent (or Equal) – Item(s) of material, equipment, or substrate that meets the application method,
material, and performance but may differ in manufacturer and/or warranty from what is specified. Item(s)
meeting these criteria shall be considered equal at time of bid.
a. Named manufacturers within the specifications shall be used as a basis of design in regard to
establishing a minimum performance standard.
PART TWO - COPIES OF BIDDING DOCUMENTS
2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the
Advertisement for Bids may be obtained from the Issuing Office.
2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither City of Fayetteville nor
Project Manager assumes any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
2.3 City of Fayetteville and Project Manager in making copies of Bidding Documents available on the above
terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for
any other use.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 01 – INSTRUCTIONS TO BIDDERS
2
PART THREE - EXAMINATION OF SITE AND CONTRACT DOCUMENTS
3.1 Bidders are advised that the Drawings and Specifications shall constitute all the information which the
City of Fayetteville shall furnish. No other information given or sounding made by the City of Fayetteville
or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the
contract, drawings, specifications, and estimates, or be binding on City of Fayetteville.
a. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and
Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions;
inform themselves by their independent research and sounding of the difficulties to be encountered,
and all attending circumstances affecting the cost of doing the work, and the time specified for its
completion; and obtain all information required to make an intelligent bid.
3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are
necessary for full and complete information upon which the bid may be made and for which a contract is
to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a
statement that all bids are made with the full knowledge of the difficulties and conditions that may be
encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials
required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions
of the contract and Bonds.
3.3 Bidders shall promptly notify the Purchasing Division of all conflicts, errors, ambiguities, or discrepancies
which Bidder has discovered in or between the Contract Documents and such other related documents.
3.4 Information and data shown or indicated in the Contract Documents with respect to existing underground
facilities at or contiguous to the site is based upon information and data furnished to City of Fayetteville
and Project Manager by City of Fayetteville’s of such underground facilities or others, and City of
Fayetteville and Project Manager do not assume responsibility for the accuracy or completeness thereof
unless it is expressly provided otherwise in the Supplementary Conditions.
3.5 On request, City of Fayetteville will provide each Bidder access to the site to conduct such examinations,
investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid.
Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of
such explorations, investigations, tests, and studies.
3.6 Reference is made to the General Requirements for the identification of the general nature of work that
is to be performed at the site by City of Fayetteville or others (such as utilities and other prime contractors)
that relates to the work for which a Bid is to be submitted. On request, and as available, City of Fayetteville
will provide to each Bidder, for examination, access to or copies of Contract Documents (other than
portions thereof related to price) for such work.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 01 – INSTRUCTIONS TO BIDDERS
3
3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has
complied with every requirement of this Article 3, that without exception the Bid is premised upon
performing and furnishing the Work required by the Contract Documents and applying the specific means,
methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated
or expressly required by the Contract Documents, that Bidder has given Project Manager written notice
of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract
Documents and that the written resolutions thereof by Project Manager are acceptable to Bidder, and
that the Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performing and furnishing the Work.
3.8 Mobilization shall not exceed 5% of bid total. This price shall NOT include bonds and insurance and trench
and excavation safety, if applicable.
3.9 Any dumpsters needed for this project shall be procured from Fayetteville Recycling & Trash. No third
party dumpsters shall be used.
3.10 Open burning and blasting are not allowed on City projects.
3.11 Contractor is responsible for obtaining all applicable permits; however, fees for City-issued permits shall
be waived.
PART FOUR - AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS
4.1 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and
other lands designated for use by Contractor in performing the Work are identified in the Contract
Documents. All additional lands and access thereto required for temporary construction facilities,
construction equipment, or storage of materials and equipment to be incorporated in the Work are to be
obtained and paid for by Contractor. Easements for permanent structures or permanent changes in
existing facilities are to be obtained and paid for by City of Fayetteville unless otherwise provided in the
Contract Documents.
PART FIVE - INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA
5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true
meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from any
part of the proposed Contract Documents, he should submit a written request for interpretation thereof
to the Project Manager not later than seven days before the date set for bid opening. The person
submitting the request shall be responsible for its prompt delivery.
5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum through
the City’s online bidding portal. Only questions answered by formal written Addenda will be binding. Oral
and other interpretations or clarifications will be without legal effect. City of Fayetteville will not be
responsible for any other explanations or interpretations of the proposed Contract Documents.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 01 – INSTRUCTIONS TO BIDDERS
4
5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by City of Fayetteville
or Project Manager.
5.4 Bidder assumes all responsibility for checking the City’s online bidding portal at www.fayetteville-
ar.gov/bids for updates and addenda issued to this project.
PART SIX - APPROXIMATE ESTIMATE OF QUANTITIES
6.1 Estimated quantities are approximate only and shall be the basis for receiving unit price bids for each item
but shall not be considered by Bidders as actual quantities that may be required for the completion of the
proposed work. However, such quantities, at the unit and lump sum prices bid for each item, shall
determine the amount of each bid for comparison of Bids and aid in determining the low and responsive
Bidder for the purpose of awarding the contract, and will be used as basis for fixing the amount of the
required Bonds.
PART SEVEN - UNIT PRICES
7.1 Bidders must state a price for each item of work named in the Bid. Unit and Lump Sum prices shall include
amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every
description to construct, erect, and finish completely all the work as called for in the Specifications or
indicated on the Drawings.
7.2 Prices bid shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced
and are deemed not to be in the best interest of City of Fayetteville may be rejected at the discretion of
City of Fayetteville.
7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work
required and has reviewed the Drawings and Specifications to verify the full scope of the Work.
PART EIGHT - BID FORM
8.1 Bids are due as indicated in the Advertisement for Bids.
8.2 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for,
erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to
Bidders may be rejected as informal or non-responsive at the option of City of Fayetteville. However, City
of Fayetteville reserves the right to waive technicalities as to changes, alterations, or revisions and to
make the award in the best interest of City of Fayetteville.
8.3 Acceptance of alternate bids is at the City of Fayetteville’s discretion, as best services the City of
Fayetteville’s interest. Each deductive alternate is provided for on the Bid Form (if applicable). The price
of the Bid for each alternate will be the amount to be deducted from the price of the Total Base Bid if the
City of Fayetteville selects any of the alternates. The unit price amount for each alternate shall be the
same as the unit price amount listed in the Bid.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 01 – INSTRUCTIONS TO BIDDERS
5
8.4 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a
partnership or other financial interest with him in the Bid, until after the bids have been opened.
8.5 All bids shall include all costs including but not limited to sales tax, use tax, permits, insurance, etc. The
contractor on this project is defined by the Arkansas Revenue Laws as the user and is responsible for the
appropriate taxes. There are NO provisions in this bid for a contractor to avoid taxes. The City of
Fayetteville is not a tax-exempt entity.
PART NINE - SIGNATURE ON BIDS
9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual
or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each
member must be given, and the Bid signed by a member of the partnership, or a person duly authorized.
If the Bid is made by a company or corporation, the company or corporate name must be given, and the
Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the
secretary or an assistant secretary. The corporate address and state of incorporation must be shown
below the signature.
9.2 All names must be typed or printed in black ink below the signature.
9.3 The address and telephone number for communications regarding the Bid must be shown.
9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with
City of Fayetteville.
9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda.
9.6 Bidder shall possess an active State of Arkansas Contractor’s License prior to the bid deadline and a
registration in good standing with the Arkansas Secretary of State prior to the contract award.
9.7 Bidder shall not be debarred from doing business with any government entity.
PART TEN - BID BOND
10.1 A five percent (5%) bid security, in the form of a bid bond, or cashier’s check from a bank located in the
State of Arkansas, as stated in the Advertisement for Bids, shall accompany each bid. Bid bonds for the
difference in price between low bidder and second low bidder shall not be acceptable. The Bid Bond must
be signed by both the bidder and the surety company to be considered valid. An invalid Bid Bond shall be
grounds for bid rejection. The Successful Bidder's security will be retained until City of Fayetteville receives
a signed Agreement and required Bonds and Certificates of Insurance. If the Successful Bidder fails to
execute and deliver the Agreement and furnish the required contract security within fifteen days after the
Notice of Selection, City of Fayetteville may annul the Notice of Selection and the Bid security of that
Bidder will be forfeited.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 01 – INSTRUCTIONS TO BIDDERS
6
10.2 The City of Fayetteville reserves the right to retain the security of the three low bidders until the Successful
Bidder enters into the Contract or until sixty (60) days after bid opening, whichever is sooner. Cash
equivalent security of the second and third low bidder may be exchanged for an equivalent bid bond after
bid tabulations are complete or thirty (30) days after bid opening, whichever is sooner. If any Bidder
refuses to enter into an Agreement, City of Fayetteville may retain Bidder's bid security as liquidated
damages but not as a penalty.
PART ELEVEN - PERFORMANCE BOND AND PAYMENT BOND
11.1 NOTICE TO PROCEED, BONDS AND ORDERING PROCEDURES
a. After contract award, the Contractor will provide the City with separate 100% performance and
payment bonds, as required in the contract.
b. Upon the City receiving and accepting the 100% Performance and Payment Bonds, the City will issue
a Purchase Order along with a Notice of Award (NOA).
c. The Notice of Award shall serve as permission for the Contractor to order any materials needed to
complete the project, specifically those with a long lead time. The Notice of Award shall not extend
longer than 120 days.
d. The City will coordinate with the Contractor on the timing of the Notice to Proceed being issued, which
shall take into consideration the expected delivery of items with a long lead time.
e. Calendar days for substantial and final completion shall not start until the day following the issuance
of a Notice to Proceed.
f. The City will make progress payments for materials delivered on site, after verification of delivered
materials by City.
11.3 If Required -- Contractor shall include provisions in the bonds which will guarantee the faithful
performance of the prevailing hourly wage clause as required by the Arkansas Prevailing Wage Law,
Arkansas Code Annotated § 22-9-308(d).
11.4 Contractor shall pay all expenses in connection with the obtaining of said Bonds. The Bonds shall be
conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for labor
and materials furnished or performed in the construction of such alterations and additions as prescribed
in this contract.
11.5 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List"
issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount greater
than the underwriting limitations for the surety company as set out therein.
11.6 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts shall
be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the
surety company executing said Bonds and filing with such Bonds his Power of Attorney as his authority.
The mere countersigning of the Bonds will not be sufficient.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 01 – INSTRUCTIONS TO BIDDERS
7
11.7 The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the contract. At
least two originals of the Bonds shall be furnished, each with Power of Attorney attached. The
performance and payment bond shall be furnished to the City of Fayetteville accompanied by a receipt
stamped by the Washington County Circuit Clerk’s Office. Before any work is performed under this
contract, the bond shall be filed with the clerk of the circuit court of Washington County, Arkansas and
accepted by the City of Fayetteville Project Manager.
11.8 Bonds are to be approved by City of Fayetteville. If any Bonds contracted for become unsatisfactory or
unacceptable to City of Fayetteville after the acceptance and approval thereof, Contractor, upon being
notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein
specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the
discretion of Contractor.
PART TWELVE – INSURANCE REQUIREMENTS
12.1 The successful bidder shall provide a Certificate of Insurance in accordance with the following guidelines,
prior to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker’s Compensation,
and General Automotive, if applicable. SUCH CERTIFICATE SHALL LIST THE CITY OF FAYETTEVILLE AS AN
ADDITIONAL INSURED. LISTING THE CITY OF FAYETTEVILLE AS A CERTIFICATE HOLDER ONLY IS NOT AN
ACCEPTABLE SUBSTITUTE. CERTIFICATE OF INSURANCE MUST INCLUDE THE ENDORSEMENT SHOWING
THE CITY OF FAYETTEVILLE LISTED AS AN ADDITIONAL INSURED. Insurance shall remain valid, when
applicable, throughout project completion.
12.2 This bid is considered a public improvement bid. Public improvement bids shall submit certificates of
insurance within 10 days of notice of notice to proceed, after City Council approval. Certificates of
insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following
insurance which shall be maintained throughout the term of the bid. Any work sublet; the contractor
shall require the subcontractor similarly to provide the same insurance coverage. In case any employee
engaged in work on the project is not protected under Workers’ Compensation, the Contractor shall
provide, and shall cause each subcontractor to provide, adequate employer’s liability insurance for the
protection of such of his employees as are not otherwise protected.
PART THIRTEEN - CONTRACT TIME
13.1 Bidder agrees that the Work shall be substantially completed within __100__ consecutive calendar days
from the date established in the written notice to proceed. Total completion (completed and ready for
final payment) shall be __120__ consecutive calendar days from the date established in the written notice
to proceed. The bidder agrees to pay liquidated damages for each consecutive calendar day thereafter
the total completion time.
13.2 Except in connection with the safety or protection of persons or the Work or property at the Site or
adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the Site shall
be performed during regular working hours, and Contractor will not permit overtime work or the
performance of Work on Saturday, Sunday, or any legal holiday without City of Fayetteville’s written
consent.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 01 – INSTRUCTIONS TO BIDDERS
8
PART FOURTEEN - LIQUIDATED DAMAGES
14.1 Bidder accepts the provisions as to liquidated damages in the event of failure to complete the Work within
the total completion time. Liquidated damages in the sum of __$500.00__ for each consecutive day
thereafter will be assessed.
PART FIFTEEN – SUBCONTRACTORS, SUPPLIERS, AND OTHERS
15.1 Contractor shall not assign or sublet all or any part of this contract without the prior written approval of
City of Fayetteville nor shall Contractor allow such subcontractor to commence work until approval of
workman's compensation insurance and public liability insurance as may be required. Approval of each
subcontract by City of Fayetteville will in no manner release Contractor from any obligations as set out in
the Drawings, Specifications, contract, and Bonds.
PART SIXTEEN - SUBSTITUTE AND "OR EQUAL" ITEMS
16.1 Any reference to a particular brand or manufacture is in an effort to establish an acceptable level of quality
for this purchase and are used as a basis of design in regard to establishing a minimum performance
standard. Brands or manufacturers that are included in a bid that are of at least equal quality, size, and
specification as to what has been specified, will be acceptable for consideration. All requests for approved
substitutions shall be submitted by e-mail. Such request to obtain an acceptable substitution shall be
made in writing to Kenny Fitch, Sr. Purchasing Agent, at kfitch@fayetteville-ar.gov. The Sr. Purchasing
Agent will forward any such requests to the responsible City Department for review. Approval of all
submittals will be made only by Addendum issued by the City of Fayetteville Purchasing Division.
PART SEVENTEEN - QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS
17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five
days after bid opening, upon City of Fayetteville's or Project Manager’s request, detailed written evidence
such as financial data, present commitments, and other such data as may be called for. Each Bid must
contain evidence of Bidder's qualification to do business in the State of Arkansas.
17.2 CERTIFICATION OF FUNDS:
Notice: bidders are required to provide pricing for all line items. Failure to provide deductive alternate
pricing can result in bid rejection. The City intends to award this contract to the lowest qualified responsive
responsible bidder based on the lump sum bid as long as such bid falls within the amount of funds certified
for the project, plus 25%.
a. In the event no bid falls within the amount of funds certified for the project, plus 25%, the City will
utilize the deductive alternates in order until bids can be compared within the amount certified, plus
25%. In the event all deductive alternates are subtracted and no bid falls within the amount certified,
plus 25%, all bids will be rejected.
b. The City shall have the authority to negotiate an award with the apparent responsive responsible low
bidder but only if the low bid is within twenty-five present (25%) of the certification of funds.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 01 – INSTRUCTIONS TO BIDDERS
9
17.3 DEDUCTIVE ALTERNATES:
This does not include any deductive alternates.
PART EIGHTEEN - DISQUALIFICATIONS OF BIDDERS
18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and
the rejection of Bids.
18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under
the same or different names.
18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders
for any future work.
18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other
items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of
work for which a bid price is required by the Bid Form, or failure to include all required contract
documents.
18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements
submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and
progress.
18.6 Uncompleted work which, in the judgment of City of Fayetteville, might hinder or prevent the prompt
completion of additional work if awarded.
18.7 Being in arrears on existing contracts, in litigation with City of Fayetteville, or having defaulted on a
previous contract.
PART NINETEEN - OPENING OF BIDS
19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to be
designated by City of Fayetteville the day of the bid opening. A bid tabulation of the amounts of the base
Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.
PART TWENTY - EVALUATION OF BIDS
20.1 After the bids are opened and read, the quantities will be extended and totaled in accordance with the
bid prices of the accepted Bids. This review of the Bids will confirm the low bidder.
20.2 In evaluating Bids, City of Fayetteville will consider the qualifications of Bidders, whether or not the Bids
comply with the prescribed requirements, and such alternates, unit prices, and other data as may be
requested in the Bid Form or prior to the Notice of Selection.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 01 – INSTRUCTIONS TO BIDDERS
10
20.3 City of Fayetteville may consider the qualifications and experience of Subcontractors, Suppliers, and other
persons and organizations proposed for those portions of the Work as to which the identity of
Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the
Supplementary Conditions. City of Fayetteville also may consider the operating costs, maintenance
requirements, performance data, and guarantees of major items of materials and equipment proposed
for incorporation in the Work when such data is required to be submitted prior to the Notice of Selection.
PART TWENTY-ONE - RIGHT TO REJECT BIDS
21.1 City of Fayetteville reserves the right to reject any and all Bids, to waive technicalities, and to advertise
for new bids. All Bids are subject to this reservation. City of Fayetteville reserves to itself the right to decide
which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the
reputation, financial ability, experience and equipment of the Bidder.
21.2 City of Fayetteville also reserves the right to waive informalities not involving price, time or changes in the
Work and to negotiate contract terms with the Successful Bidder.
PART TWENTY-TWO - AWARDING OF CONTRACT
22.1 City of Fayetteville reserves the right to withhold the awarding of a contract a reasonable period of time
from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful
Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim
against City of Fayetteville upon the contract until the contract is reduced to writing and signed by the
contracting parties. The letting of a contract shall not be complete until the contract is executed, and the
necessary Bonds approved.
PART TWENTY-THREE - RETAINAGE
23.1 The City of Fayetteville shall make progress payments within two (2) weeks after Architect/Engineer’s
Certification of Payment. All such payments will be measured by the schedule of values established as
provided in the General Requirements.
a. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below, but, in each case, less the aggregate of payments previously made and
less such amounts as Engineer/Architect shall determine, or The City of Fayetteville may withhold, in
accordance with the General Requirements.
b. Retainage will be with-held from each pay request in the amount of 5%. After Substantial Completion
has been issued by the Architect, Payments can be made for 100% less the value of remaining punch
list items as identified by the Architect on the Certificate of Substantial Completion.
c. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and
accompanied by documentation satisfactory to The City of Fayetteville as provided in the General
Requirements.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 01 – INSTRUCTIONS TO BIDDERS
11
PART TWENTY-FOUR - SIGNING OF AGREEMENT
24.1 When City of Fayetteville gives a Notice of Selection to the Successful Bidder, it will be accompanied by
the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions,
with all other written Contract Documents attached. Within five (5) days thereafter, the Contractor shall
execute the contract and return to the City to submit to City Council for approval. Within 21 days, the City
of Fayetteville shall return the fully executed contract to Contractor. Contractor will have five (5) days to
provide the Performance and Payment Bonds for the project.
PART TWENTY-FIVE - MATERIALS GUARANTEE
25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the origin,
composition, or manufacture of any or all materials proposed to be used in the construction of the Work,
together with samples, which may be subjected to tests provided for in the Specifications to determine
their quality and fitness for the Work.
PART TWENTY-SIX - FAMILIARITY WITH LAWS
26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which
in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that
in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No
claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the
provisions of the contract. No representations shall be binding unless embodied in the contract.
PART TWENTY-SEVEN - INDEMNIFICATION
27.1 To the extent of the limits of the Contractor’s Commercial General Liability Insurance, the Contractor shall
indemnify and hold harmless the City of Fayetteville against any and all liability, claims, demands,
damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage
or alleged damage to any of the City’s existing adjacent property, including personal property, that may
arise from the performance of the Work, to the extent caused by the negligent or intentionally wrongful
acts or omissions of the Contractor, Subcontractor, Supplier, Sub subcontractor, or anyone employed
directly or indirectly by any of them or by anyone for whose acts any of them may be liable.
PART TWENTY-EIGHT - MISCELLANEOUS
28.1 Bidder shall perform the Work in compliance with all applicable trench safety standards set forth in
Occupational Safety and Health Administration (OSHA) Part 1926 – Subpart P - Excavations.
28.2 The awarded contractor shall exercise caution and schedule operations to ensure that functioning of
present facilities will not be disrupted. Shutdown of Owner’s operating facilities to perform the Work
shall be held to a minimum length of time and shall be coordinated with Owner who shall have control
over the timing and schedules of such shutdowns.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 01 – INSTRUCTIONS TO BIDDERS
12
28.3 Contractor shall provide weekly updates to appropriate City staff, identified by the City, throughout the
duration of the project following the Notice to Proceed. Each update shall include all reports,
photographs, schedules, and any other documentation as may be requested or specified by the City. The
Contractor shall submit such updates in the format and manner directed by the City and within the
deadlines established by City staff.
28.4 If applicable, Contractor shall provide accessibility conformance reports (ACRs) for any software
provided by the Contractor that will be accessible by the public upon delivery, whether developed by
the Contractor or a third-party. Visit the link for more information:
https://www.fayettevillear.gov/DocumentCenter/View/39767/Web-Accessibility-Requirements-for-
Vendors-and-Technology-Addendum. Contractor must address all accessibility issues in any software
provided or licensed by the Contractor and delivered to the City, as well as any documents delivered by
the Contractor. Contractor must ensure that end user deliverables adhere to the WCAG 2.1 AA standard
as defined by Title II of the Americans with Disabilities Act. Deliverables are defined as any web platform
or mobile application, or documents that may be hosted on a web or mobile platform. This includes
documents, spreadsheets or presentations regardless of format (Microsoft Office products, PDF, etc.).
Contractor must ensure accessibility is addressed during all stages of a project, from commencement to
implementation. Contractor must meet with City staff at the City’s discretion to review accessibility
issues. If Contractor deliverables fail to comply with WCAG 2.1 Level AA standard, the Contractor shall
provide the City with a credit to cover the cost of additional accessibility testing and resolution. Such
credits shall not exceed 5% of either (1) the total fixed price due to the Contractor under the contract or
(2) the total not-to-exceed amount of the contract if entered under a time and materials basis.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 01 – INSTRUCTIONS TO BIDDERS
13
END OF SECTION 01 – INSTRUCTIONS TO BIDDERS
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 02 – BID FORM
1
SECTION 02
BID FORM
Bid Number: 26-46, Construction – FPD Fueling Station Rebid
BID TO:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
Bidder: _______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
ARTICLE 1 - INTENT
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement
with Owner in the form included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents for the Bid price and within the Bid time
indicated in this Bid and in accordance with the other terms and conditions of the Contract
Documents.
ARTICLE 2 - TERMS AND CONDITIONS
2.01 Bidder accepts all terms and conditions of the Invitation to Bid and Instructions to Bidders,
including without limitation those dealing with the disposition of Bid Security. This Bid will remain
subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the
required number of counterparts of the Agreement with the Bonds and other documents
required by the Bidding Requirements within 15 days after the date of Owner’s Notice of Award.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 02 – BID FORM
2
ARTICLE 3 - BIDDER’S REPRESENTATIONS
3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
Number Date
__________________ ___________________
__________________ ___________________
__________________ ___________________
__________________ ___________________
A. Bidder has examined and carefully studied the Bid Documents, and the following
Addenda, receipt of all which is hereby acknowledged:
B. Bidder has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, performance, and
furnishing of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the
Work.
D. Bidder is aware of the general nature of work to be performed by Owner and others
at the Site that relates to Work for which this Bid is submitted as indicated in the
Contract Documents.
E. Bidder has correlated the information known to Bidder, information and
observations obtained from visits to the Site, reports, and drawings identified in the
Contract Documents, and all additional examinations, investigations, explorations,
tests, studies, and data with the Contract Documents.
F. Bidder has given Purchasing Division written notice of all conflicts, errors,
ambiguities, or discrepancies that Bidder has discovered in the Contract Documents,
and the written resolution thereof by Purchasing Division is acceptable to Bidder.
G. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performing and furnishing the Work
for which this Bid is submitted.
H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm, or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization, or corporation; Bidder has not
directly or indirectly induced or solicited any other Bidder to submit a false or sham
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 02 – BID FORM
3
bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain
from bidding; and Bidder has not sought by collusion to obtain for himself any
advantage over any other Bidder or over Owner.
I. Upon receipt of written notice of acceptance of this bid, bidder will execute the
formal contract attached within 10 days and deliver a Surety Bond or Bonds as
required by the General Conditions.
J. The bid security attached in the sum of $________________________ is to become
the property of the Owner in the event the contract and bond are not executed within
the time set forth above, as liquidated damages for the delay and additional expense
to the Owner caused thereby.
ARTICLE 4 – CONTRACT TIMES
4.01 Bidder accepts the provisions as to liquidated damages in the event of failure to complete the
Work within the total completion time. Liquidated damages in the sum of $__500.00_ for
each consecutive calendar day thereafter will be assessed.
4.02 Determination of Contract Time
A. General
The time allowed for the completion of the Work included in the Contract will be
stated in the Proposal and Contract and will be known as the "Contract Time". The
contract time will be specified as calendar days.
The Contractor shall take into consideration all normal conditions considered
unfavorable to the normal progress of the Work and place a sufficient work force and
equipment on the project to ensure completion of the Work within the contract time.
The Park Planning Superintendent will determine the date upon which the Contract is
substantially complete and time assessment will cease. In the event cleanup is
necessary or items found at the final inspection are to be corrected, the Contractor
shall complete this work in a timely manner or the Park Planning will resume time
charges.
B. Calendar Day
Calendar day contract time includes delays for normal weather-related events, such as
rain, snow, and freezing temperatures that may affect the progress of the construction
in the following amounts on a per-month basis as hereinafter set out. Only weather-
related delays in excess of these amounts will be considered for time extensions, if
requested by the Contractor. Days Included in Contract Times for Normal Weather-
Related Events, on a monthly basis, are:
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 02 – BID FORM
4
Month Days
January 11
February 9
March 8
April 8
May 8
June 8
July 7
August 7
September 7
October 7
November 7
December 8
4.03 No changes in contract times will be allowed for any reason without a request in writing from the
contractor. This request shall include reasons for the request with supporting documentation as
proof of extraordinary delays beyond the contractor’s control. Normal rainfall amounts and soil
conditions will not be considered as reasons for extensions of time, nor will workload of the
Contractor. The request must be submitted to the Park Planning Superintendent every week on
Friday to be considered. No compensation will be made for monetary damages due to weather
delay(s).
ARTICLE 5 – TERMINOLOGY
5.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to
Bidders will have the meanings assigned to them.
SUBMITTED on _____________________________, 20______.
Arkansas State Contractor License No. _______________________________
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 02 – BID FORM
5
If Bidder is:
AN INDIVIDUAL
Name (type or printed): ___________________________________________
By: __________________________________________________(SEAL)
(Individual’s Signature)
Doing business as: ___________________________________________________
Business address: ___________________________________________________
___________________________________________________
Phone No.: ___________________________ FAX No.: _____________________
Tax ID No.: ___________________________ UEI No.: _____________________
A PARTNERSHIP
Partnership Name: ______________________________________(SEAL)
By: _________________________________________________________
(Signature of general partner – attach evidence of authority to sign)
Name (type or printed): _______________________________________________
Business address: ______________________________________________________
____________________________________________________________________
Phone No.: ____________________________ FAX No.: ____________________
Tax ID No.: ___________________________ UEI No.: _____________________
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 02 – BID FORM
6
A CORPORATION
Corporation Name: ______________________________________(SEAL)
State of Incorporation: __________________________________________
Type (General Business, Professional, Service, Limited Liability): _______
____________________________________________________________
By: _________________________________________________________
(Signature – attach evidence of authority to sign)
Name (type or printed): __________________________________________
Title: _________________________________________________________
(CORPORATE SEAL)
Attest: ________________________________________________________
(Signature of Corporate Secretary)
Business address: _________________________________________________
________________________________________________________________
Phone No.: ________________________ FAX No.: ___________________
Tax ID No.: ________________________ UEI No.: ___________________
END OF SECTION 02 – BID FORM
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 03 – LIST OF SUBCONTRACTORS
1
SECTION 03
LIST OF SUBCONTRACTORS
In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the
following names of Subcontractors to be used in performing the Work for:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
Bidder certifies that all Subcontractors listed are eligible to perform the Work.
Subcontractor’s Work Subcontractor’s Name Expected Percentage
and Address or Value
Clearing/Demolition ___________________________________ __________________
___________________________________ __________________
Mechanical ___________________________________ __________________
___________________________________ __________________
Plumbing ___________________________________ __________________
___________________________________ __________________
Electrical ___________________________________ __________________
___________________________________ __________________
Roofing/Sheet Metal ___________________________________ __________________
___________________________________ __________________
Other (designate) ___________________________________ __________________
___________________________________ __________________
NOTE: This form must be submitted in accordance with the Instructions to Bidders.
________________________________________
Bidder’s Signature
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 04 - CONTRACTOR REFERENCES
1
SECTION 04
CONTRACTOR REFERENCES
The following information is required from all Bidders so all bids may be reviewed and properly evaluated:
COMPANY NAME: ________________________________________________________________________________
NUMBER OF YEARS IN BUSINESS: ___________________HOW LONG IN PRESENT LOCATION: ____________________
TOTAL NUMBER OF CURRENT EMPLOYEES: _________________ FULL TIME _______________ PART TIME
NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: ____________ FULL TIME ____________ PART TIME
PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN
THE PAST FIVE (5) YEARS (All fields must be completed):
1. ___________________________________________ 2. _________________________________________
COMPANY NAME COMPANY NAME
_____________________________________________ ___________________________________________
CITY, STATE, ZIP CITY, STATE, ZIP
_____________________________________________ ___________________________________________
CONTACT PERSON CONTACT PERSON
_____________________________________________ ___________________________________________
TELEPHONE TELEPHONE
_____________________________________________ ___________________________________________
DATE COMPLETED DATE COMPLETED
_____________________________________________ ___________________________________________
E-MAIL ADDRESS E-MAIL ADDRESS
3. ___________________________________________ 4. _________________________________________
COMPANY NAME COMPANY NAME
_____________________________________________ ___________________________________________
CITY, STATE, ZIP CITY, STATE, ZIP
_____________________________________________ ___________________________________________
CONTACT PERSON CONTACT PERSON
_____________________________________________ ___________________________________________
TELEPHONE TELEPHONE
_____________________________________________ ___________________________________________
DATE COMPLETED DATE COMPLETED
_____________________________________________ ___________________________________________
E-MAIL ADDRESS E-MAIL ADDRESS
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 05 - BID BOND
1
SECTION 05
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we
_________________________________________________
_________________________________________________
_________________________________________________
as Principal, hereinafter called the Principal, and
_________________________________________________
_________________________________________________
_________________________________________________
a corporation duly organized under the laws of the State of _____________________ as Surety, hereinafter
called Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
as Obligee, hereinafter called Owner, in the sum of __________________________________________________
_________________________________ Dollars ($____________________), for the payment of which sum, well
and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has submitted a Bid for:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with
the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the
Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the
failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner
the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger
amount for which the Owner may in good faith contract with another party to perform the Work covered by
said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 05 - BID BOND
2
Signed and sealed this ____________ day of __________________ 20_____.
PRINCIPAL (CORPORATE SEAL)
_______________________________________
By ____________________________________
_______________________________________
SURETY
_______________________________________
By _____________________________________
_______________________________________
ATTORNEY-IN-FACT (CORPORATE SEAL)
_______________________________________
_______________________________________
(This Bond shall be accompanied with
Attorney-in-Fact’s authority from Surety)
END OF SECTION 05
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 06 - PERFORMANCE BOND
1
SECTION 06
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
__________________________________________
__________________________________________
__________________________________________
as Principal, hereinafter called Contractor, and
__________________________________________
__________________________________________
__________________________________________
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
as Obligee, hereinafter called Owner, in the amount of $____________________, for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, Contractor has by written Agreement dated ____________________, 20______, entered into a
contract with Owner for BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID which contract is by reference
made a part hereof and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully
perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor
shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's
obligations, thereunder, the Surety may promptly remedy the default, or shall promptly:
A. Complete the Contract in accordance with its terms and conditions, or
B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon
determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 06 - PERFORMANCE BOND
2
by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between
such bidder and Owner, and make available as Work progresses (even though there should be a
default or a succession of defaults under the contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but
not exceeding, including other costs and damages for which the Surety may be liable hereunder, the
amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in
this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and
any amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this Bond must be instituted before the expiration of two years from the date on which final
payment under the Contract falls due.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner
named herein or the heirs, executors, administrators, or successors of the Owner.
Signed and sealed this ______________ day of ____________________ 20______.
CONTRACTOR (CORPORATE SEAL)
_______________________________________
By ____________________________________
_______________________________________
SURETY COUNTERSIGNED: Resident Agent
State of Arkansas
_____________________________________ _______________________________________
By _____________________________________ By ____________________________________
_______________________________________ _______________________________________
ATTORNEY-IN-FACT (CORPORATE SEAL)
_______________________________________
_______________________________________
(This Bond shall be accompanied with
Attorney-in-Fact’s authority from Surety) Approved as to Form:
_______________________________________
_______________________________________
Attorney for ____________________________
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 07 - LABOR AND MATERIAL PAYMENT BOND
1
SECTION 07
LABOR AND MATERIAL PAYMENT BOND
This Bond is issued simultaneously with the Performance Bond in favor of Owner conditioned on the full and
faithful performance of the Contract.
KNOW ALL MEN BY THESE PRESENTS: that
__________________________________________
__________________________________________
__________________________________________
as Principal, hereinafter called Contractor, and
__________________________________________
__________________________________________
__________________________________________
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount
of $_________________________, for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written Agreement dated ____________________, 20______, entered into a
contract with Owner for BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID which contract is by reference
made a part hereof and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment
to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the
performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,
subject, however, to the following conditions:
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 07 - LABOR AND MATERIAL PAYMENT BOND
2
A. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of
the Contractor for labor, material, or both, used or reasonably required for use in the performance of
the Contract, labor and material being construed to include that part of water, gas, power, light, heat,
oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract.
B. The above-named Contractor and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in full before the expiration of a period of 90 days
after the date on which the last of such claimant's work or labor was done or performed, or materials
were furnished by such claimant, may sue on this Bond for the use of such claimant, prosecute the
suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon.
The Owner shall not be liable for the payment of any costs or expenses of any such suit.
C. No suit or action shall be commenced hereunder by any claimant:
1. Unless claimant other than one having a direct contract with Principal, shall have given
written notice to any two of the following: the Contractor, the Owner, or the Surety within 90
days after such claimant did or performed the last of the work or labor, or furnished the last
of the materials for which said claim is made, stating with substantial accuracy the amount
claimed and the name of the party to whom the materials were furnished, or for whom the
work or labor was done or performed. Such notice shall be served by mailing the same by
registered mail or certified mail, postage prepaid, in an envelope addressed to Contractor,
Owner or Surety, at any place where an office is regularly maintained for the transaction of
business, or served in any manner in which legal process may be served in the state in which
the aforesaid Project is located, save that such service need not be made by a public officer.
2. After the expiration of one year following the date on which Contractor ceased Work on the
Contract, it being understood, however, that if any limitation embodied in this Bond is
prohibited by any Law controlling the construction hereof, such limitation shall be deemed to
be amended so as to be equal to the minimum period of limitation permitted by such Law.
3. Other than in a state court of competent jurisdiction in and for the county or other political
subdivision of the state in which the Project, or any part thereof, is situated, or in the United
States District Court for the district in which the Project, or any part thereof, is situated, and
not elsewhere.
D. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in
good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of
record against said improvement, whether or not claim for the amount of such lien be presented
under and against this Bond.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 07 - LABOR AND MATERIAL PAYMENT BOND
3
Signed and sealed this ______________ day of ____________________ 20______.
CONTRACTOR (CORPORATE SEAL)
_______________________________________
By ____________________________________
_______________________________________
SURETY COUNTERSIGNED: Resident Agent
State of Arkansas
_____________________________________ _______________________________________
By _____________________________________ By ____________________________________
_______________________________________ _______________________________________
ATTORNEY-IN-FACT (CORPORATE SEAL)
_______________________________________
_______________________________________
(This Bond shall be accompanied with
Attorney-in-Fact’s authority from Surety) Approved as to Form:
_______________________________________
_______________________________________
Attorney for ____________________________
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
SECTION 08 – TECHNICAL SPECIFICATONS
Technical Specifications
Bid 26-46, Construction –
FPD Fueling Station Rebid
City of Fayetteville, Arkansas
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
3537 N. Steele Blvd, Suite 310 / Fayetteville, AR 72703
O 479.443.3404 / olsson.com
July 9, 2026
City of Fayetteville
ATTN: Procurement Division
125 W. Mountain St.
Fayetteville, AR 72701
RE: Police Headquarters Fueling Canopy Scope of Work Narrative
Dear Procurement Division:
The intent of this scope of work is to establish the general responsibilities associated with the
site construction for the proposed fueling canopy improvements at the Police Department
Headquarters. Unless specifically excluded below, the Contractor shall furnish all labor,
materials, equipment, supervision, and incidentals necessary to complete the work in
accordance with the contract documents.
Included Scope
The Contractor’s work shall include, but is not necessarily limited to, the following:
• Site preparation, layout, mobilization, traffic control, erosion and sediment control, and
construction staking necessary to perform the work.
• Earthwork required for installation of the fueling system, including excavation for
underground fuel storage tanks.
• Placement and compaction of select backfill material around the underground fuel tanks
in accordance with the tank manufacturer’s recommendations and project specifications.
• Placement of all remaining required backfill, structural fill, and subgrade preparation not
provided by others.
• Excavation, trenching, bedding, backfill, and restoration associated with underground
conduits, sleeves, and utility crossings required for the project.
• Trenching and restoration for electrical and communication conduit routes extending
between the fueling area and the Police Department Headquarters building.
• Installation of conduit sleeves, pull boxes, and associated civil work where indicated on
the construction documents, excluding installation of conductors and associated
electrical work identified as an exclusion below.
• Construction of aggregate base, concrete pavement, asphalt pavement, curbs,
sidewalks, and all associated pavement restoration required to complete the
improvements.
• Placement of Fueling Canopy and foundation as prescribed in the Construction Plans
provided. Fueling Canopy panels to match generally the PD Asset Buildings currently
onsite.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
3537 N. Steele Blvd, Suite 310 / Fayetteville, AR 72703
O 479.443.3404 / olsson.com
• Sawcutting and removal of existing pavement, curb, sidewalk, and other site
improvements necessary for construction.
• Fine grading, site restoration, and repair of all disturbed areas resulting from
construction activities.
• Coordination with SPATCO and other specialty contractors to facilitate installation of the
fuel system components.
• Coordination with utility providers, Owner, and other contractors as necessary to
complete the work.
• Cleanup and demobilization required by the contract documents.
• All incidental work reasonably required to provide a complete and functional site
installation in accordance with the project plans and specifications, except where
specifically identified as excluded below.
Excluded Scope
The following work is specifically excluded from this scope:
• Furnishing, delivery, setting, installation, testing, startup, and commissioning of
underground fuel storage tanks.
• Furnishing and installation of fuel dispensers, pumps, fuel piping, monitoring systems,
leak detection systems, vents, tank appurtenances, and all associated fueling
equipment.
• Furnishing and installation of fuel product lines between tanks and dispensers.
• Furnishing and installation of electrical conductors, communication wiring, controls,
terminations, and all associated electrical work between the fueling system and the
Police Department Headquarters building.
• Programming, startup, testing, calibration, and commissioning of fueling equipment or
associated electrical/control systems.
• Any work specifically assigned to SPATCO or other specialty subcontractors under
separate contract unless otherwise agreed to in writing.
Any work requested outside the scope described above shall be considered additional
work and may require a written change order prior to execution.
Sincerely,
Matthew Loos, P.E.
Vice President
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
SECTION 02 41 13
SELECTIVE SITE DEMOLITION
PDHQ FUELING STATION 02 41 13
SELECTIVE SITE DEMOLITION
Page 1 of 4
PART 1 – GENERAL
1.1 RELATED SECTIONS
A.Division 01 - General Requirements
1. Section 01 74 19 - Construction Waste Management and Disposal
2. Section 01 35 29 - Health and Safety Procedures
B. Division 02 - Existing Conditions
1. Section 02 41 00 - Demolition and Structure Moving
C. Division 31 – Earthwork
1. Section 31 23 00 - Excavation and Fill
D. Division 33 – Utilities
1. Section 33 05 00 - Common Work Results for Utilities
2. Section 33 11 00 - Water Utility Distribution Piping
E. Division 02 82 00 - Asbestos Remediation (if applicable)
1.2 REFERENCES, CODES, AND STANDARDS
A. American National Standards Institute (ANSI)
1. ANSI A10.6 - Safety Requirements for Demolition Operations
B. Occupational Safety and Health Administration (OSHA)
1. OSHA 29 CFR 1926 Subpart T – Demolition
2. OSHA 29 CFR 1926 Subpart Z - Toxic and Hazardous Substances
C. Environmental Protection Agency (EPA)
1. EPA 40 CFR Part 61 - National Emission Standards for Hazardous Air Pollutants
(NESHAP)
D. National Fire Protection Association (NFPA)
1. NFPA 241 - Standard for Safeguarding Construction, Alteration, and Demolition
Operations
E. American Society for Testing and Materials (ASTM)
1. ASTM E136 - Standard Test Method for Behavior of Materials in a Vertical Tube
Furnace at 750°C
F. International Code Council (ICC)
1. International Building Code (IBC)
G. Local and State Codes and Ordinances
1. Comply with all applicable local and state requirements for demolition and
environmental protection.
1.3 SUBMITTALS
A. Demolition Plan
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 02 41 13
SELECTIVE SITE DEMOLITION
Page 2 of 4
1. Submit a detailed selective demolition plan indicating methods, sequence,
equipment, and safety measures.
B. Waste Management Plan
1. Submit a construction waste management plan including recycling, reuse, and
disposal procedures.
C. Permits and Notifications
1. Provide copies of all required permits, notifications to authorities, utility
disconnection approvals, and asbestos abatement certifications if applicable.
D. Schedule
1. Provide a demolition schedule coordinated with other work on site.
1.4 QUALITY ASSURANCE
A. Qualifications
1. Demolition Contractor shall have a minimum of five (5) years documented
experience in selective demolition of similar scope and complexity.
2. Contractor personnel shall be trained in OSHA demolition safety procedures and
hazardous materials handling.
B. Pre-demolition Inspection
1. Conduct a thorough site inspection to identify hazardous materials, structural
elements, and utilities prior to demolition.
2. Perform and document pre-demolition photographic survey of affected areas.
C. Testing and Monitoring
1. Perform air monitoring for dust, asbestos fibers, and other hazardous materials as
required by OSHA and EPA during demolition.
2. Conduct structural monitoring if required to ensure adjacent structures are not
adversely affected.
D. Safety
1. Comply with all OSHA safety requirements including use of personal protective
equipment (PPE), barricades, signage, and emergency procedures.
2. Provide dust control measures such as water spray, barriers, and air filtration as
needed.
1.5 WARRANTIES
A. Demolition Work Warranty
1. Provide a warranty for demolition work covering workmanship and compliance
with specified requirements for a period of one (1) year from date of substantial
completion.
B. Environmental Compliance Warranty
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 02 41 13
SELECTIVE SITE DEMOLITION
Page 3 of 4
1. Warrant that all demolition activities comply with federal, state, and local
environmental regulations including proper handling and disposal of hazardous
materials.
PART 2 – PRODUCTS
2.1 EQUIPMENT
A.Select equipment appropriate to the scale and type of selective demolition including but
not limited to excavators with hydraulic shears, breakers, hand tools, and vacuum
systems for dust control.
B. Provide shoring, bracing, and temporary support as required to maintain stability of
remaining structures.
2.2 MATERIALS FOR PROTECTION
A. Temporary Barriers
1. Use fencing, barricades, and dust screens to protect adjacent areas and control
access.
B. Dust Control Materials
1. Water sprays, misting systems, and dust suppressants approved for environmental
compliance.
C. Salvage Containers
1. Provide containers or bins for segregated storage of salvaged materials, recyclable
materials, and waste.
PART 3 – EXECUTION
3.1 EXAMINATION
A.Verify locations of utilities prior to commencement of demolition.
B. Confirm that all hazardous materials have been removed or abated as required prior to
demolition.
C. Notify Engineer and Owner of any discrepancies or unexpected hazardous conditions
before proceeding.
3.2 PREPARATION
A. Erect temporary barriers, fencing, and signage to restrict unauthorized access.
B. Disconnect and cap utilities in coordination with utility companies.
C. Implement dust control measures and erosion control as per approved plans.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 02 41 13
SELECTIVE SITE DEMOLITION
Page 4 of 4
3.3 SELECTIVE DEMOLITION PROCEDURES
A.Demolish identified site elements including pavement, curbs, sidewalks, structures,
foundations, and utilities as indicated in contract documents.
B. Perform demolition in a manner to prevent damage to adjacent structures and utilities to
remain.
C. Salvage materials as specified for reuse or recycling; handle and store salvaged materials
to prevent contamination or damage.
D. Remove and legally dispose of all demolition debris in accordance with federal, state, and
local regulations.
E. Control dust, noise, vibration, and other impacts during demolition operations.
3.4 SITE CLEANUP
A. Remove all demolition equipment, debris, and temporary protection upon completion.
B. Leave site in clean and safe condition ready for subsequent construction activities.
C. Conduct final inspection with Owner’s representative to verify completion.
3.5 DISPOSAL
A. Segregate waste streams including concrete, metals, wood, asphalt, and hazardous
materials.
B. Transport and dispose of materials at approved recycling or landfill facilities.
C. Provide manifests, receipts, or other documentation of disposal and recycling for record.
3.6 PROTECTION
A. Protect existing site features and utilities to remain from damage during demolition.
B. Immediately repair any damage caused by demolition activities at no cost to Owner.
3.7 FIELD QUALITY CONTROL
A. Continuous monitoring of dust, noise, and vibration levels during demolition.
B. Periodic inspection of temporary supports and barriers.
C. Document and report any non-compliance or incidents to Engineer and Owner promptly.
END OF SECTION
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
SECTION 31 00 00
EARTHWORK
PDHQ FUELING STATION 31 00 00
EARTHWORK
Page 1 of 6
PART 1 – GENERAL
1.1 RELATED SECTIONS
A.Section 01 33 00 – Submittal Procedures
B. Section 01 45 00 – Quality Control
C. Section 31 05 16 – Aggregates for Earthwork
D. Section 31 05 19 – Geotextiles
E. Section 31 20 00 – Earth Moving
F. Section 31 23 00 – Excavation and Fill
G. Section 31 23 16 – Excavation and Backfill for Utilities
H. Section 31 25 00 – Erosion and Sedimentation Controls
I. Section 32 13 13 – Concrete Paving
J. Section 32 90 00 – Planting
1.2 REFERENCES
A. American Society for Testing and Materials (ASTM)
1. ASTM D698 – Standard Test Methods for Laboratory Compaction Characteristics
of Soil Using Standard Effort
2. ASTM D1557 – Standard Test Methods for Laboratory Compaction
Characteristics of Soil Using Modified Effort
3. ASTM D2487 – Standard Practice for Classification of Soils for Engineering
Purposes (Unified Soil Classification System)
4. ASTM D4253 – Standard Test Methods for Maximum Index Density and Unit
Weight of Soils Using a Vibratory Table
5. ASTM D4254 – Standard Test Methods for Minimum Index Density and Unit
Weight of Soils and Calculation of Relative Density
6. ASTM D4318 – Standard Test Methods for Liquid Limit, Plastic Limit, and
Plasticity Index of Soils
7. ASTM D698 – Standard Test Methods for Laboratory Compaction Characteristics
of Soil Using Standard Effort (12,400 ft-lbf/ft3)
8. ASTM D4829 – Standard Test Method for Laboratory Determination of Water
(Moisture) Content of Soil and Rock by Mass
9. ASTM D6938 – Standard Test Methods for In-Place Density and Water Content
of Soil and Soil-Aggregate by Nuclear Methods (Shallow Depth)
B. American Association of State Highway and Transportation Officials (AASHTO)
1. AASHTO T99 – Moisture-Density Relations of Soils Using a 5.5-lb Rammer and
12-in. Drop
2. AASHTO T180 – Moisture-Density Relations of Soils Using a 10-lb Rammer and
18-in. Drop
C. International Building Code (IBC) 2021
D. Occupational Safety and Health Administration (OSHA) Standards 29 CFR
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 31 00 00
EARTHWORK
Page 2 of 6
E. Local Jurisdictional Codes and Regulations (as applicable)
1.3 DEFINITIONS
A. 1.3.1 Earthwork: All excavation, filling, backfilling, and grading operations required to
prepare the site for construction.
B. 1.3.2 Compaction: The process of increasing soil density by mechanical means to achieve
specified soil properties.
C. 1.3.3 Borrow Soil: Soil imported from off-site for use as fill.
D. 1.3.4 Subgrade: The prepared surface on which subsequent construction or fill is placed.
1.4 SUBMITTALS
A. Action Submittals
1. Soil Reports including geotechnical investigation and analysis.
2. Proposed excavation and earthwork plan with sequencing and equipment.
3. Sources and specifications of imported fill materials including gradation and
compaction characteristics.
4. Compaction test plan and quality control procedures.
5. Proposed erosion and sediment control plan related to earthwork operations.
6. List of equipment to be used in earthwork operations.
B. Informational Submittals
1. Copies of permits and approvals related to earthwork.
2. Material test reports for fill materials.
3. Daily earthwork logs indicating volume of excavation/fill and compaction results.
4. Certification of compliance for compaction and moisture content.
5. Safety plan specific to excavation and earthwork activities.
6. Records of field density tests and laboratory testing results.
1.5 QUALITY ASSURANCE
A. Qualifications
1. Engage a qualified geotechnical engineer to review soil conditions, perform
testing, and provide recommendations.
2. Employ experienced personnel and licensed contractors specializing in earthwork
operations.
B. Testing
1. Perform soil classification, moisture content, and compaction testing per ASTM
and AASHTO standards.
2. Testing laboratory shall be accredited and independent from the contractor.
3. Field density tests shall be conducted at a frequency not less than one test per 500
square feet per lift or as required by governing codes.
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PDHQ FUELING STATION 31 00 00
EARTHWORK
Page 3 of 6
C. Verification
1.Verify excavation limits, subgrade elevations, and compaction levels prior to
placement of fill or construction.
2. Perform pre-construction survey and documentation of existing site conditions.
D. Safety
1. Earthwork shall comply with OSHA requirements for excavation safety, including
shoring, sloping, and protective systems.
2. Provide barricades, signage, and protective measures to secure excavation areas.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Delivery
1. Deliver fill materials in a dry, uncompacted condition and free from debris,
organic matter, and frozen materials.
B. Storage
1. Stockpile imported and on-site soils separately to prevent mixing of unsuitable
materials.
2. Protect stockpiles from contamination and erosion by wind or rain.
C. Handling
1. Handle materials to prevent segregation or contamination.
2. Maintain moisture content within specified limits during handling and placement
to ensure compaction quality.
1.7 WARRANTY
A. Provide a warranty for earthwork materials and workmanship against defects for a period
of one year from date of substantial completion.
B. Warranty shall cover settlement, inadequate compaction, erosion, or failure of earthwork
to perform as specified.
C. Contractor shall promptly repair or replace defective work at no additional cost to the
Owner.
PART 2 – PRODUCTS
2.1 SOILS AND FILL MATERIALS
A.General Requirements
1. Fill material shall be free from organic matter, roots, debris, frozen soil, and other
deleterious materials.
2. Material shall meet gradation requirements per ASTM D2487 Soil Classification
System as specified in project documents.
B. On-Site Soils
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1. On-site soils may be used if tested and approved by the geotechnical engineer.
C.Imported Fill
1. Imported fill shall comply with project specifications and be approved prior to
delivery.
2. Gradation, plasticity, and compaction characteristics shall be provided by
supplier.
2.2 GEOTEXTILES AND EROSION CONTROL MATERIALS
A. Geotextiles shall conform to Section 31 05 19 and be used where indicated to separate fill
materials or stabilize subgrade.
B. Erosion control blankets and sediment barriers shall comply with Section 31 25 00.
2.3 MANUFACTURERS
A. Geotextile and Erosion Control
1. TenCate Geosynthetics
2. Propex Operating Company LLC
3. Huesker, Inc.
PART 3 – EXECUTION
3.1 EXAMINATION
A.Verify that site conditions are ready to receive work and that underground utilities and
structures are located and protected.
B. Notify Engineer of any discrepancies or unsuitable conditions before proceeding.
C. Verify that subgrade is free of frost, standing water, soft spots, debris, and frozen
materials.
3.2 PREPARATION
A. Clearing and Grubbing
1. Remove trees, shrubs, roots, debris, and topsoil as indicated.
B. Stripping and Stockpiling
1. Strip topsoil from areas to be excavated or filled and stockpile separately.
C. Excavation
1. Excavate to subgrade elevations as indicated.
2. Remove unsuitable or unstable soils as directed.
D. Subgrade Preparation
1. Scarify and loosen subgrade surface where required to achieve bonding with fill.
2. Moisture condition subgrade to optimum moisture content for compaction.
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PDHQ FUELING STATION 31 00 00
EARTHWORK
Page 5 of 6
3.3 FILL PLACEMENT AND COMPACTION
A.Placement
1. Place fill in horizontal lifts not exceeding 8 inches loose thickness unless
otherwise approved.
2. Maintain moisture content within plus or minus 2% of optimum moisture content.
B. Compaction
1. Compact each lift to not less than 95 percent of maximum dry density as
determined by ASTM D698 or D1557.
2. Use appropriate compaction equipment such as rollers, rammers, or vibratory
compactors.
C. Testing
1. Perform field density tests at required frequencies.
2. Provide results to Engineer for acceptance.
D. Correction of Deficiencies
1. Remove or rework areas failing to meet compaction or moisture requirements.
2. Retest after corrective action until specified requirements are met.
3.4 GRADING
A. Uniformly grade and shape earthwork areas to required elevations and slopes.
B. Provide positive drainage away from structures and as indicated on drawings.
C. Finish surfaces smooth and free of irregularities.
3.5 EROSION AND SEDIMENTATION CONTROL
A. Implement erosion control measures during and after earthwork to prevent sediment
runoff.
B. Maintain temporary erosion control devices until permanent stabilization is established.
3.6 FIELD QUALITY CONTROL
A. Inspection and Testing
1. Engineer or testing agency will perform periodic inspections and testing.
2. Contractor shall cooperate and provide access and documentation.
B. Non-Conformance
1. Immediately correct non-conforming work.
2. Additional testing and inspection may be required at Contractor’s expense.
3.7 PROTECTION
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Page 6 of 6
A. Protect completed earthwork from disturbance or damage by subsequent construction
activities.
B. Repair or rework any damaged areas to meet original specifications.
3.8 CLEANING
A. Remove surplus materials, debris, and equipment from site.
B. Leave site in a clean and orderly condition.
END OF SECTION
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
SECTION 31 10 00
SITE CLEARING
PDHQ FUELING STATION 31 10 00
SITE CLEARNING
Page 1 of 5
PART 1 – GENERAL
1.1 RELATED DOCUMENTS
A.Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.1 SUMMARY
A. This Section includes the following:
1. Clearing and grubbing of vegetation and debris.
2. Removal and disposal of trees, shrubs, roots, stumps, brush, and other vegetation.
3. Stripping and stockpiling topsoil.
4. Removal and disposal of existing improvements and debris as indicated.
5. Site dewatering and sediment control as required during clearing operations.
B. Related Sections include, but are not limited to:
1. Division 31 Section "Earth Moving" for excavation, backfilling, and grading.
2. Division 31 Section "Erosion and Sedimentation Controls" for soil erosion
prevention and sediment control.
3. Division 32 Section "Landscape Grading" for final grading and landscape
preparation.
4. Division 32 Section "Soil Preparation" for soil amendments and preparation.
5. Division 01 Section "Temporary Facilities and Controls" for temporary erosion
and sedimentation control measures.
1.2 REFERENCES, CODES, AND STANDARDS
A. Applicable codes and standards include but are not limited to:
1. American National Standards Institute (ANSI) Z133.1 - American National
Standard for Arboricultural Operations – Safety Requirements.
2. Occupational Safety and Health Administration (OSHA) Standards, 29 CFR Part
1926 - Safety and Health Regulations for Construction.
3. ASTM International:
a) ASTM D448 - Standard Classification for Sizes of Aggregate for Road
and Bridge Construction.
b) ASTM D1556 - Standard Test Method for Density and Unit Weight of
Soil in Place by the Sand-Cone Method.
c) ASTM D2487 - Standard Practice for Classification of Soils for
Engineering Purposes (Unified Soil Classification System).
4. U.S. Environmental Protection Agency (EPA) - Clean Water Act (CWA) for
sediment control and stormwater management.
5. Local and State Environmental Protection Regulations.
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PDHQ FUELING STATION 31 10 00
SITE CLEARING
Page 2 of 5
6. International Society of Arboriculture (ISA) Best Management Practices for Tree
Removal and Protection.
7. National Fire Protection Association (NFPA) 241 - Standard for Safeguarding
Construction, Alteration and Demolition Operations.
1.3 SUBMITTALS
A. Action Submittals:
1. Site Clearing Plan indicating limits of clearing, protection zones for existing trees
to be preserved, stockpile locations, and sediment control measures.
2. Equipment List including types and capacity of equipment proposed for clearing
operations.
3. Schedule of Clearing Activities including sequence and timing.
4. Waste Management Plan detailing disposal methods and recycling of cleared
materials.
5. Certification of Compliance with applicable codes and standards.
6. Proposed Methods for Removal of Hazardous Vegetation or Material, if
applicable.
B. Informational Submittals:
1. Copies of permits and notifications required for clearing operations.
2. Manufacturer’s product data for erosion control products used during clearing.
3. Photographic documentation of site conditions before and after clearing.
4. Material Safety Data Sheets (MSDS) for chemicals or herbicides used, if any.
1.4 QUALITY ASSURANCE
A. Perform site clearing work in accordance with recognized industry standards and
manufacturers’ recommendations.
B. Personnel performing tree removal or trimming shall be certified arborists or experienced
operators familiar with ANSI Z133.1 safety requirements.
C. Maintain erosion and sediment controls at all times during clearing activities to prevent
sedimentation of adjacent properties and water bodies.
D. Comply with all local, state, and federal environmental regulations regarding protected
species, wetlands, and historic resources.
E. Pre-clearing meeting to be conducted with Owner, Contractor, and appropriate authorities
to review clearing limits, protection measures, and safety protocols.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Store erosion control materials, such as silt fencing, wattles, and blankets, in a dry,
protected area to prevent damage and contamination.
B. Handle cleared materials to prevent spillage and facilitate recycling or disposal.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 31 10 00
SITE CLEARING
Page 3 of 5
C. Maintain equipment in good working order and free of oil, fuel, or other contaminants
that could cause environmental damage.
D. Protect stockpiled topsoil from erosion, contamination, and compaction. Cover stockpiles
when not actively used.
1.6 WARRANTY
A. Provide warranty for clearing operations that all work will be free of defects in
workmanship and materials for a period of one year from date of final acceptance.
B. Warranty includes responsibility for repair or replacement of any damage to adjacent
protected trees, utilities, or improvements caused by clearing operations.
C. Warranty includes ensuring that no undesirable vegetation or debris remains that could
affect subsequent construction or landscaping.
PART 2 – PRODUCTS
2.1 MANUFACTURERS
A.Erosion and Sediment Control Products:
1. North American Green
2. Profile Products LLC
3. Best Management Products, Inc.
4. Silt-Saver, Inc.
2.2 MATERIALS
A. Erosion Control Materials: Silt fences, wattles, erosion control blankets, mulch, and soil
stabilization products as specified in Division 31 Sections.
B. Topsoil: Stockpiled native topsoil free of roots, debris, and contaminants.
C. Disposal Containers: Containers and receptacles for collection and transport of cleared
materials.
D. Herbicides or Chemicals: Use only if specified and approved, and in accordance with
applicable regulations and MSDS.
PART 3 – EXECUTION
3.1 EXAMINATION
A.Verify that utility locations have been identified and marked. Notify utility companies
and the Owner of conflicts prior to clearing.
B. Confirm limits of clearing and grubbing with the Owner’s representative.
C. Identify trees, vegetation, or site features to be preserved or protected.
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PDHQ FUELING STATION 31 10 00
SITE CLEARING
Page 4 of 5
D. Inspect erosion and sediment control measures to ensure they are installed and
functioning before clearing begins.
3.2 PREPARATION
A. Install sediment and erosion control devices around the perimeter of the clearing area and
at appropriate points downslope.
B. Mark and protect trees and vegetation to remain using fencing or barricades.
C. Conduct a pre-clearing meeting with all personnel involved to review safety,
environmental protection, and clearing procedures.
3.3 CLEARING AND GRUBBING
A. Remove all trees, shrubs, brush, roots, stumps, and other vegetation within the designated
clearing limits.
B. Remove above and below ground parts of vegetation including roots and stumps to a
minimum depth of 18 inches below finished grade or as otherwise indicated.
C. Remove man-made improvements, debris, rubbish, and other obstructions encountered
within the clearing limits.
D. Dispose of cleared materials off-site or process for reuse or recycling in accordance with
the Waste Management Plan.
E. Topsoil stripping: Strip, stockpile, and protect topsoil from erosion and contamination for
reuse in landscaping or site restoration.
F. Minimize disturbance to soils outside designated clearing limits.
3.4 TREE PROTECTION
A. Maintain protective fencing and barriers around trees and vegetation to remain
throughout construction.
B. Prohibit parking, storage of materials, and heavy equipment traffic within tree protection
zones.
C. Repair damage to roots, trunks, or branches caused during clearing operations in
accordance with ISA Best Management Practices.
3.5 EROSION AND SEDIMENT CONTROLS
A. Maintain and monitor erosion control devices continuously during clearing operations.
B. Repair or replace damaged or ineffective controls immediately.
C. Remove sediment accumulations from control devices before capacity is exceeded.
D. Restore disturbed areas promptly to minimize erosion.
3.6 FIELD QUALITY CONTROL
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PDHQ FUELING STATION 31 10 00
SITE CLEARING
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A. Conduct inspections at the start and completion of clearing operations.
B.Verify that clearing limits are adhered to and protective measures are effective.
C. Document and report any damage to protected trees, utilities, or structures.
D. Confirm proper disposal of debris and cleared materials.
3.7 CLEANING
A. Remove all debris, rubbish, and waste materials from site clearing activities daily or as
needed to maintain safe and orderly conditions.
B. Restore areas outside clearing limits disturbed by clearing operations to original or better
condition.
3.8 PROTECTION
A. Protect newly cleared and stripped areas from unauthorized access and damage.
B. Maintain erosion and sediment controls in good condition until final site stabilization is
achieved.
C. Protect adjacent properties from damage or encroachment.
3.9 COMPLETION
A. Notify the Owner upon completion of clearing activities for inspection and acceptance.
B. Provide documentation of completed clearing, including photographic evidence and
waste disposal records.
END OF SECTION
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
SECTION 31 22 00
GRADING
PDHQ FUELING STATION 31 22 00
GRADING
Page 1 of 6
PART 1 – GENERAL
1.1 RELATED DOCUMENTS
A.Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
B. Related Sections include, but are not limited to:
1. 31 23 00 - Excavation and Fill
2. 31 23 16 - Excavation and Backfill for Utilities
3. 31 25 00 - Erosion and Sedimentation Controls
4. 32 91 00 - Planting Soil Preparation
5. 31 05 19 - Geotechnical Exploration Reports
6. 01 33 00 - Submittal Procedures
7. 01 35 43 - Environmental Compliance
8. 01 74 19 - Construction Waste Management and Disposal
1.2 SUMMARY
A. This Section includes site grading including cutting, filling, leveling, and contouring for
building pads, utilities, roadways, sidewalks, and landscaped areas.
B. Related work specified elsewhere includes:
1. Excavation and fill for utilities in Section 31 23 16.
2. Erosion and sediment control in Section 31 25 00.
3. Soil preparation and amendments in Section 32 91 00.
1.3 DEFINITIONS
A. Grading: The process of reshaping the ground surface by cutting, filling, or leveling to
the required lines, elevations, and slopes.
B. Finish Grade: The final elevation and slope of the ground surface after grading is
complete.
C. Rough Grade: The initial shaping of the site prior to finish grading.
1.4 ACTION AND INFORMATIONAL SUBMITTALS
A. Action Submittals:
1. Grading Plan: Detailed plan indicating existing and proposed grades, contours,
drainage patterns, and locations of cuts and fills.
2. Soil Reports: Geotechnical reports including recommendations for grading,
compaction, and fill materials.
3. Equipment List: List of equipment proposed for grading operations.
4. Mix Designs: For any engineered fill or soil stabilization materials.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 31 22 00
GRADING
Page 2 of 6
5. Erosion and Sediment Control Plan demonstrating compliance with applicable
environmental regulations.
B. Informational Submittals:
1. Field Quality Control Reports including compaction test results.
2. Material Certificates for fill materials.
3. Manufacturer’s product data for any soil stabilization or erosion control products
used.
1.5 QUALITY ASSURANCE
A. Perform grading in accordance with accepted industry standards including ASTM and
local building codes.
B. Compaction Testing:
1. Engage an independent testing agency to perform field density tests at frequencies
required by the geotechnical engineer and local authorities.
2. Tests shall comply with ASTM D1556, ASTM D698, ASTM D2922, or ASTM
D6938 as applicable.
C. Personnel Qualifications:
1. Contractor shall employ personnel with minimum 5 years’ experience in site
grading and earthwork operations.
2. Operator certification for heavy equipment shall be current and verifiable.
D. Compliance with Codes and Standards:
1. Comply with applicable federal, state, and local regulations including OSHA
safety standards related to earthwork operations.
2. Comply with stormwater management and erosion control requirements as per
EPA and local jurisdictional authorities.
E. Mock-Up:
1. When requested by the Architect/Engineer, provide a mock-up area to
demonstrate grading techniques and finish quality.
1.6 STORAGE AND HANDLING
A. Store fill materials in designated areas protected from contamination, erosion, and loss by
wind or water.
B. Protect excavated materials from moisture changes and contamination.
C. Handle all materials to prevent segregation, contamination, or damage.
D. Equipment used for grading shall be maintained in good working condition to prevent
leaks or spills of fuel, oil, or hydraulic fluids.
E. Store erosion control materials and equipment on-site in dry, accessible locations.
1.7 WARRANTY
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PDHQ FUELING STATION 31 22 00
GRADING
Page 3 of 6
A. Provide a warranty for grading work that guarantees the work will remain stable and free
from erosion, settling, or other defects for a minimum period of one year from date of
final acceptance.
B. Warranty shall include repair or replacement of any areas showing failure or
nonconformance to specified grades.
C. Provide manufacturer warranties for soil stabilization or erosion control products as
applicable.
1.8 APPLICABLE CODES, STANDARDS, AND REFERENCES
A. Codes:
1. International Building Code (IBC), latest edition.
2. Occupational Safety and Health Administration (OSHA) Standards, 29 CFR Part
1926 – Construction.
3. Local Building and Zoning Codes.
4. Clean Water Act, Section 402 NPDES Stormwater Program.
B. Standards:
1. ASTM International:
a) ASTM D1556 – Standard Test Method for Density and Unit Weight of
Soil in Place by the Sand-Cone Method.
b) ASTM D698 – Standard Test Methods for Laboratory Compaction
Characteristics of Soil Using Standard Effort.
c) ASTM D2922 – Standard Test Methods for Density of Soil and Soil-
Aggregate in Place by Nuclear Methods (Shallow Depth).
d) ASTM D6938 – Standard Test Method for In-Place Density and Water
Content of Soil and Soil-Aggregate by Nuclear Methods (Depth Moisture
Gauge).
e) ASTM D2487 – Standard Practice for Classification of Soils for
Engineering Purposes (Unified Soil Classification System).
f) ASTM D4318 – Standard Test Methods for Liquid Limit, Plastic Limit,
and Plasticity Index of Soils.
2. USDA Natural Resources Conservation Service (NRCS) Soil Survey and
Classification Guidelines.
3. LEED v4.1 BD+C Rating System.
C. References:
1. “Earthwork and Grading Handbook,” Nick Capachi, McGraw Hill, latest edition.
2. “Site Engineering for Landscape Architects,” Steven Strom, Kurt Nathan, Jake
Woland.
3. Local Geotechnical Engineering Reports.
PART 2 – PRODUCTS
2.1 MATERIALS
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 31 22 00
GRADING
Page 4 of 6
A. Fill Material:
1.Shall be free of organic matter, debris, frozen material, trash, and other
deleterious substances.
2. Shall meet gradation and compaction requirements as specified in the
geotechnical report or as approved by the Engineer.
3. Shall have plasticity index and liquid limit within acceptable ranges to ensure
stability and compaction.
B. Topsoil:
1. Shall be fertile, friable natural loam free of subsoil, clay lumps, stones over 1
inch, roots, sticks, and other foreign matter.
2. Shall meet requirements specified in Section 32 91 00.
C. Soil Stabilization Products (if applicable):
1. Chemical stabilizers, geotextiles, or other additives shall be compatible with site
conditions and meet manufacturer’s recommendations.
2. Shall comply with environmental regulations.
D. Erosion Control Materials:
1. Mulches, mats, blankets, and other devices shall conform to Section 31 25 00.
E. Water:
1. Potable water free of impurities harmful to soil stabilization or vegetation.
2.2 EQUIPMENT
A. Use heavy equipment suitable for grading operations including but not limited to
bulldozers, graders, scrapers, compactors, and water trucks.
B. Equipment shall be maintained in good working order and free of leaks.
2.3 MANUFACTURERS
A. 2.3.1 Soil Stabilizers and Additives:
1. TerraSystems, Inc.
2. Soilworks, LLC
3. BASF Corporation
4. Sika Corporation
B. 2.3.2 Erosion Control Products:
1. North American Green
2. Profile Products LLC
3. Western Excelsior
PART 3 – EXECUTION
3.1 EXAMINATION
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PDHQ FUELING STATION 31 22 00
GRADING
Page 5 of 6
A. Verify that existing site conditions, including grades, drainage patterns, and utilities,
conform to requirements.
B. Review geotechnical reports and recommendations.
C. Notify Architect/Engineer of any discrepancies or conditions detrimental to proper
execution of grading.
D. Do not proceed with grading until unsatisfactory conditions have been corrected.
3.2 PREPARATION
A. Protect existing structures, utilities, vegetation, and improvements designated to remain.
B. Remove debris, vegetation, and unsuitable materials from areas to be graded.
C. Establish erosion and sediment control measures prior to grading operations.
D. Identify and mark limits of grading and stockpile locations.
3.3 GRADING
A. General Requirements:
1. Perform grading to lines, elevations, and slopes indicated on the Drawings.
2. Maintain grades to ensure positive drainage away from structures and utilities.
3. Avoid over-excavation; fill and compact as required to achieve design elevations.
4. Do not place fill or compact when moisture content is unsuitable.
B. Rough Grading:
1. Cut and fill to approximate grades to facilitate drainage and installation of
utilities.
2. Scarify subgrade where required to enhance bonding of fill material.
C. 3.3.3 Fill Placement and Compaction:
1. Place fill in layers not exceeding 8 inches loose thickness.
2. Compact each layer to minimum 95% of maximum dry density as determined by
ASTM D698 or as specified by the geotechnical engineer.
3. Moisture content of fill material shall be maintained within +/- 2% of optimum
moisture content.
D. 3.3.4 Finish Grading:
1. Fine grade areas to final elevations and slopes, providing smooth and even
surfaces.
2. Remove irregularities, depressions, or humps.
E. 3.3.5 Tolerances:
1. Finish grade elevations shall be within +/- 0.05 feet of indicated elevations.
2. Slopes shall be within 2 percent of specified gradients.
3.4 FIELD QUALITY CONTROL
A. Compaction Testing:
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 31 22 00
GRADING
Page 6 of 6
1. Perform density tests at locations and frequency as required by the geotechnical
engineer and governing authorities.
2. Provide copies of test reports to Architect/Engineer promptly.
3. Areas failing to meet compaction requirements shall be reworked and retested.
B. Observation and Verification:
1. Testing agency shall observe fill placement, moisture conditioning, and
compaction operations.
C. Correct deficiencies immediately upon discovery.
3.5 PROTECTION
A. Protect finished grading from traffic, erosion, and weather damage until subsequent
construction or landscaping.
B. Repair settlement, erosion, or other damage to finished grading at no cost to Owner.
C. Maintain erosion and sediment controls until permanent vegetation or other stabilization
measures are established.
3.6 CLEANING
A. Remove surplus materials, debris, and equipment from site.
B. Leave site clean and ready for subsequent construction activities.
END OF SECTION
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
SECTION 31 23 00
EXCAVATION AND FILL
PDHQ FUELING STATION 31 23 00
EXCAVATION AND FILL
Page 1 of 5
PART 1 – GENERAL
1.1 RELATED SECTIONS
A.Section 31 20 00 - Earth Moving
B. Section 31 05 16 - Geotextiles
C. Section 31 00 00 - Site Clearing
D. Section 32 11 23 - Aggregate Base Courses
E. Section 31 25 00 - Erosion and Sediment Control
F. Section 31 23 16 - Excavation and Backfill for Utility Trenches
G. Section 31 23 23 - Structural Fill
H. Section 01 33 00 - Submittal Procedures
I. Section 01 45 00 - Quality Control
J. Section 01 74 19 - Construction Waste Management and Disposal
1.2 APPLICABLE REFERENCES, STANDARDS, AND CODES
A. American Society for Testing and Materials (ASTM)
a) ASTM D698 - Standard Test Methods for Laboratory Compaction
Characteristics of Soil Using Standard Effort
b) ASTM D1556 - Standard Test Method for Density and Unit Weight of
Soil in Place by the Sand-Cone Method
c) ASTM D2922 - Standard Test Methods for Density of Soil and Soil-
Aggregate in Place by Nuclear Methods (Shallow Depth)
d) ASTM D2216 - Standard Test Methods for Laboratory Determination of
Water (Moisture) Content of Soil and Rock by Mass
e) ASTM D4253 - Standard Test Methods for Maximum Index Density and
Unit Weight of Soils Using a Vibratory Table
f) ASTM D4318 - Standard Test Methods for Liquid Limit, Plastic Limit,
and Plasticity Index of Soils
g) ASTM D2487 - Standard Practice for Classification of Soils for
Engineering Purposes (Unified Soil Classification System)
B. Occupational Safety and Health Administration (OSHA)
a) OSHA 29 CFR Part 1926 - Safety and Health Regulations for
Construction
C. American Association of State Highway and Transportation Officials (AASHTO)
1. AASHTO T99 - Moisture-Density Relations of Soils Using a 5.5-lb Rammer and
a 12-in. Drop
2. AASHTO T180 - Moisture-Density Relations of Soils Using a 10-lb Rammer and
an 18-in. Drop
D. International Building Code (IBC)
E. Local Building Codes and Regulations
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PDHQ FUELING STATION 31 23 00
EXCAVATION AND FILL
Page 2 of 5
1.3 QUALITY ASSURANCE
A.Qualifications
1. Excavation and fill work shall be performed by a firm experienced in excavation
and fill operations of similar scope and complexity.
2. Provide qualifications of personnel and equipment upon request.
B. Testing and Inspection
1. Engage a qualified geotechnical testing laboratory to perform soil classification,
moisture content, density, and compaction testing.
2. Testing frequency shall comply with project requirements and applicable
standards or as directed by the Engineer.
3. Field density tests shall be performed at a minimum frequency of one test per 500
square yards per lift or as specified.
C. Compliance
1. All excavation and fill operations shall comply with OSHA safety regulations for
excavation and trenching.
2. Verify utility locations prior to excavation.
3. Maintain alignment, grades, and elevations within tolerances specified by the
Engineer.
1.4 SUBMITTALS
A. Action Submittals
1. Excavation and Fill Plan including sequence, methods, equipment, and temporary
support measures.
2. Material submittals for fill material including source, gradation, and test reports.
3. Equipment list proposed for excavation, hauling, and compaction.
4. Quality control plan including testing frequency and methods.
5. Manufacturer’s data for geotextiles or additives incorporated in fill materials.
B. Informational Submittals
1. Soil test reports including classification, moisture content, and compaction
characteristics.
2. Records of field density and moisture tests.
3. Reports of non-conformance and corrective actions.
4. Project schedule updates related to excavation and fill operations.
5. Health and safety plan related to excavation activities.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Delivery
a) Deliver fill materials in a manner to prevent contamination and
segregation.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 31 23 00
EXCAVATION AND FILL
Page 3 of 5
B. Storage
1.Store fill materials on-site in designated areas to prevent mixing with foreign
materials.
2. Protect stockpiles from erosion and contamination by water, debris, and other
materials.
C. Handling
1. Handle fill materials to avoid segregation and contamination.
2. Maintain moisture content of fill materials within limits required for proper
compaction.
1.6 WARRANTIES
A. Provide a warranty for fill compaction and stability for a period of one year from date of
final acceptance.
B. Warranty shall cover settlement, erosion, and compaction failure requiring remedial
action.
C. Submit warranty documentation signed by Contractor and geotechnical engineer or
testing agency.
PART 2 – PRODUCTS
2.1 MATERIALS
A.Excavation Materials
1. Remove unsuitable materials including organic matter, debris, frozen soil, and
unstable soils as directed.
B. Fill Materials
1. Granular Fill: Clean, well-graded sand, gravel, or crushed stone free of
organic material and deleterious substances.
2. Structural Fill: Engineered fill meeting project gradation and compaction
requirements per geotechnical recommendations.
3. Select Fill: Free from rocks larger than 2 inches, debris, and foreign matter,
with plasticity index less than 15.
C. Geotextiles and Additives
1. Provide geotextiles for separation or stabilization as specified and per Section
31 05 16.
2. Additives such as lime or cement for soil stabilization shall comply with
project specifications and standards.
2.2 MANUFACTURERS
A. Geotextile Manufacturers
1. TenCate Geosynthetics
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PDHQ FUELING STATION 31 23 00
EXCAVATION AND FILL
Page 4 of 5
2. Huesker Inc.
3.Mirafi (Part of TenCate)
PART 3 – EXECUTION
3.1 EXAMINATION
A.Verify site conditions and limits of excavation prior to starting work.
B. Confirm that utilities have been located and protected or removed as necessary.
C. Notify Engineer of any discrepancies, unsuitable soil conditions, or obstructions.
3.2 PREPARATION
A. Clear and grub excavation areas of vegetation, debris, and unsuitable materials.
B. Strip topsoil and stockpile separately for reuse or disposal.
C. Provide erosion and sediment control measures as specified.
3.3 EXCAVATION
A. Excavate to lines, grades, and elevations indicated on drawings or as directed.
B. Remove unsuitable or unstable materials to the depth directed.
C. Perform excavation using equipment suitable to maintain accuracy and minimize
disturbance.
D. Maintain excavation slopes and shoring in compliance with OSHA requirements.
E. Remove water from excavations to maintain dry working conditions.
3.4 FILLING AND BACKFILLING
A. Place fill materials in layers not exceeding 8 inches loose thickness.
B. Maintain moisture content of fill material within optimum range for compaction.
C. Compact each layer to not less than 95 percent of maximum dry density per ASTM D698
or project-specific criteria.
D. Use mechanical compaction equipment suitable for soil type and layer thickness.
E. Scarify existing surfaces to receive new fill to promote bonding.
F. Do not place fill on frozen or muddy surfaces.
3.5 FIELD QUALITY CONTROL
A. Testing
1. Perform field density tests using sand cone, nuclear gauge, or other approved
methods.
2. Test frequency: minimum one test per 500 square yards per lift or as directed.
3. Perform moisture content tests in conjunction with density tests.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 31 23 00
EXCAVATION AND FILL
Page 5 of 5
B. Corrective Measures
1.Remove and replace or re-compact areas failing to meet compaction requirements.
2. Document all corrective actions and retesting.
3.6 PROTECTION
A. Protect completed fill from erosion, disturbance, and damage.
B. Maintain drainage to prevent water accumulation on fill areas.
C. settlement, erosion, or damage at no cost to the Owner during warranty period.
3.7 CLEANING
A. Remove excess materials, debris, and equipment from site upon completion.
B. Restore adjacent areas disturbed by excavation and fill operations.
END OF SECTION 31 23 00
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
SECTION 31 23 33
TRENCHING AND BACKFILLING
PDHQ FUELING STATION 31 23 33
TRENCHING AND BACKFILLING
Page 1 of 6
PART 1 - GENERAL
1.1 RELATED SECTIONS
A.Section 31 23 16 – Excavation and Fill
B. Section 31 23 23 – Trenching, Backfilling, and Compacting for Utilities
C. Section 31 23 26 – Trenching and Backfilling for Pipelines
D. Section 31 05 16 – Aggregate Subbase
E. Section 31 20 00 – Earth Moving
F. Section 33 05 13 – Utility Structures
G. Section 31 23 00 – Excavation and Backfilling for Structures
H. Section 01 33 00 – Submittal Procedures
I. Section 01 45 00 – Quality Control
1.2 REFERENCES, CODES, AND STANDARDS
A. American Society for Testing and Materials (ASTM)
1. ASTM D1556 – Standard Test Method for Density and Unit Weight of Soil in
Place by the Sand-Cone Method
2. ASTM D1557 – Standard Test Methods for Laboratory Compaction
Characteristics of Soil Using Modified Effort
3. ASTM D2167 – Standard Test Method for Density and Unit Weight of Soil in
Place by the Rubber Balloon Method
4. ASTM D2922 – Standard Test Method for Density of Soil and Soil-Aggregate in
Place by Nuclear Methods
5. ASTM D4318 – Standard Test Methods for Liquid Limit, Plastic Limit, and
Plasticity Index of Soils
6. ASTM D698 – Standard Test Methods for Laboratory Compaction Characteristics
of Soil Using Standard Effort
7. ASTM D6938 – Standard Test Method for In-Place Density and Water Content of
Soil and Soil-Aggregate by Nuclear Methods
B. Occupational Safety and Health Administration (OSHA)
1. OSHA 29 CFR 1926 Subpart P – Excavations
C. American Public Works Association (APWA)
1. APWA Standard Specifications for Public Works Construction
D. National Fire Protection Association (NFPA)
1. NFPA 70 – National Electrical Code (for trenching near electrical installations)
E. International Code Council (ICC)
1. International Building Code (IBC), latest edition
F. Local, State, and Federal Codes
1. All applicable local municipal codes and ordinances for excavation, trenching,
and backfilling operations
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 31 23 33
TRENCHING AND BACKFILLING
Page 2 of 6
G. Other Industry Standards
1.Manual on Uniform Traffic Control Devices (MUTCD) for work zone safety
1.3 DEFINITIONS
A. Trench: A narrow excavation made below the surface of the ground, usually deeper than
it is wide, to install utilities or other infrastructure.
B. Backfill: Material used to refill an excavation or trench after installation of utilities or
structures.
C. Bedding: The layer of material placed in the trench bottom to provide a stable base for
pipes or structures.
D. Compaction: The process of densifying soil or backfill material to reduce voids and
increase strength.
1.4 QUALITY ASSURANCE
A. Contractor Qualifications:
1. Contractor shall have a minimum of five (5) years documented experience in
trenching and backfilling similar in scope and complexity.
2. Contractor shall maintain compliance with OSHA excavation and trenching safety
requirements.
B. Testing Laboratory:
1. Engage an independent testing laboratory to perform soil compaction and
moisture content tests in accordance with ASTM standards specified.
C. Inspection and Testing:
1. Soil classification, moisture content, and compaction density shall be verified and
documented prior to backfilling.
2. Compaction tests shall be performed at intervals not less than one test per 500
square feet or per 100 linear feet of trench, whichever is greater.
3. Testing frequency and methods shall comply with ASTM standards D1556,
D2922, and D6938.
D. Safety:
1. Comply with OSHA 29 CFR 1926 Subpart P for excavation and trench safety,
including protective systems such as shoring, shielding, or sloping.
2. Provide traffic control measures per MUTCD standards where trenching impacts
public roadways or pedestrian paths.
1.5 SUBMITTALS
1. Action Submittals:
a. Product Data: Submit manufacturer's data on bedding and backfill materials
including gradation, physical properties, and compaction characteristics.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 31 23 33
TRENCHING AND BACKFILLING
Page 3 of 6
b. Project-Specific Soil Report: Submit geotechnical report including soil
classification and recommendations for trenching and backfill.
c. Work Plan: Submit detailed trenching and backfilling sequence and safety plan
including shoring methods and traffic control.
d. Testing Plan: Submit proposed schedule and methods for compaction and density
testing.
2. Informational Submittals:
a. Test Reports: Submit compaction and density test results with location, date, and
compliance verification.
b. Safety Documentation: Submit OSHA trenching safety compliance records and
inspection logs.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Delivery:
a. Deliver bedding and backfill materials in dry, clean condition free from
contamination, organic matter, or frozen lumps.
b. Deliver materials in quantities to prevent delay and excessive stockpiling on site.
B. Storage:
a. Store materials on-site in designated areas protected from weather, contamination,
and segregation.
b. Segregate different types of materials to prevent mixing and contamination.
C. Handling:
a. Handle materials to prevent contamination or degradation.
b. Avoid mixing of materials during transport and placement.
c. Use equipment suitable for trenching and backfilling operations to minimize
damage to installed utilities and structures.
1.7 WARRANTIES
A. Contractor shall warrant trenching and backfilling work against defective workmanship
and materials for a period of one (1) year from date of Substantial Completion.
B. Warranty shall include repair or replacement of settled backfill areas, improperly
compacted zones, or other defects resulting from trenching and backfilling operations.
C. Provide manufacturer’s warranty for any proprietary backfill or bedding materials
incorporated, if applicable.
PART 2 - PRODUCTS
2.1 MATERIALS
A.Bedding Material:
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PDHQ FUELING STATION 31 23 33
TRENCHING AND BACKFILLING
Page 4 of 6
1. Clean, uniformly graded sand or granular material conforming to ASTM C33 or
project-specific gradation requirements.
2. Particle size distribution shall ensure proper pipe support and prevent pipe
movement.
B. Backfill Material:
1. Select suitable native soil free from organic material, debris, frozen lumps, and
rocks larger than 2 inches unless otherwise specified.
2. Imported backfill shall meet project gradation and compaction requirements,
conforming to ASTM D2487 classifications SC, SM, or GW as applicable.
3. Controlled low-strength material (flowable fill) may be used in specified trench
zones as directed.
C. Controlled Low-Strength Material (CLSM):
1. CLSM shall be a flowable, self-compacting mixture of cement, fly ash, sand, and
water with compressive strength between 50 and 150 psi.
2. Mix design must be submitted for approval prior to use.
D. Geotextiles and Filters:
1. Use non-woven geotextiles for separation and filtration where indicated.
2. Conform to ASTM D3786 and project-specific strength and permeability
requirements.
2.2 MANUFACTURERS
A. Bedding and Backfill Materials Suppliers:
1. Vulcan Materials Company
2. Martin Marietta Materials
3. CEMEX Inc.
4. LafargeHolcim
5. Local approved aggregate producers meeting specification requirements
B. Controlled Low-Strength Material (CLSM) Providers:
1. US Concrete
2. Oldcastle Materials
3. Holcim (US) Inc.
C. Geotextile Manufacturers:
1. TenCate Geosynthetics
2. Huesker, Inc.
3. Propex Operating Company, LLC
4. Nilex Inc.
PART 3 - EXECUTION
3.1 EXAMINATION
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TRENCHING AND BACKFILLING
Page 5 of 6
A. Verify trench dimensions and alignment comply with contract drawings and
specifications before excavation.
B. Inspect site conditions, including existing utilities and obstructions, and verify location
and depth.
C. Confirm soil conditions and moisture content are suitable for trenching and backfilling.
D. Notify Architect/Engineer of unsatisfactory conditions prior to proceeding.
3.2 PREPARATION
A. Locate and protect existing utilities and structures adjacent to trenching activities.
B. Establish traffic control and safety barriers per MUTCD and OSHA requirements.
3.3 TRENCH EXCAVATION
A. Excavate trenches to required depth, width, and alignment to accommodate utilities and
bedding materials.
B. Excavation shall be performed in accordance with OSHA protective system requirements
to ensure worker safety.
C. Remove unsuitable or unstable material encountered in the trench bottom and replace
with approved bedding or structural fill.
D. Maintain trench bottom in a smooth, uniform plane to provide continuous support.
3.4 BEDDING INSTALLATION
A. Place bedding material in trench bottom to minimum thickness specified or as
recommended by Engineer.
B. Compact bedding material lightly to provide uniform support without damaging utilities.
C. Maintain moisture content of bedding material within 2% of optimum moisture for
compaction.
3.5 UTILITY INSTALLATION
A. Install utility pipes, conduits, or structures in trench in accordance with manufacturers’
recommendations and project drawings.
B. Verify invert elevations and alignment prior to backfilling.
C. Protect installed utilities from damage during backfilling operations.
3.6 BACKFILLING
A. Backfill trenches with approved material placed in layers not exceeding 8 inches loose
thickness.
B. Compact each layer to at least 95% of maximum dry density as determined by ASTM
D698 or project-specific compaction criteria.
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PDHQ FUELING STATION 31 23 33
TRENCHING AND BACKFILLING
Page 6 of 6
C. Maintain moisture content within 2% of optimum for compaction for each lift.
D.Do not operate heavy equipment directly on freshly backfilled trenches until adequate
compaction and curing have been achieved.
E. Where specified, use CLSM in lieu of conventional backfill and allow curing to required
strength before load application.
F. Install geotextile separators or filters as indicated or directed.
3.7 FIELD QUALITY CONTROL
A. Perform in-place density testing at frequencies specified in Part 1.4.3.
B. Re-compact or replace backfill material failing to meet compaction or moisture
requirements.
C. Document all testing results and corrective actions.
3.8 PROTECTION
A. Protect completed trench backfill from erosion, settlement, or damage until final surface
restoration.
B. Maintain erosion control measures throughout construction period.
C. Repair or replace any damaged backfill or surfaces caused by settlement or construction
activity.
3.9 CLEANING
A. Remove excess materials, debris, and equipment from trenching and backfilling
operations.
B. Leave site in a neat and orderly condition.
END OF SECTION 31 23 33
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
SECTION 31 25 00
EROSION AND SEDIMENTATION CONTROLS
PDHQ FUELING STATION 31 25 00
EROSION AND SEDIMENTATION CONTROLS
Page 1 of 6
PART 1 – GENERAL
1.1 RELATED SECTIONS
A.Division 01 – General Requirements
B. 31 10 00 – Site Clearing
C. 31 20 00 – Earth Moving
D. 31 23 00 – Excavation and Fill
E. 32 90 00 – Planting
F. 32 92 00 – Lawns and Grasses
G. 32 93 00 – Plants
H. 33 05 00 – Common Work Results for Utilities (for site drainage controls)
I. 33 10 00 – Water Utilities
J. 31 25 13 – Silt Fence
K. 31 25 16 – Straw Bale Barriers
L. 31 25 19 – Sediment Basins and Traps
1.2 REFERENCES, CODES, AND STANDARDS
A. American Society for Testing and Materials (ASTM)
1. 1.2.1.1 ASTM D6462 – Standard Practice for Installation of Turf Reinforcement Mats
2. 1.2.1.2 ASTM D5141 – Standard Guide for Sampling and Testing Silt Fence Materials
3. 1.2.1.3 ASTM D5035 – Standard Test Method for Breaking Force and Elongation of
Textile Fabrics
B. U.S. Environmental Protection Agency (EPA)
1. 1.2.2.1 EPA Construction General Permit (CGP)
2. 1.2.2.2 EPA Stormwater Management Best Practices
C. Federal Highway Administration (FHWA)
1. 1.2.3.1 FHWA Hydraulic Engineering Circular No. 22 (HEC-22) – Erosion Control
D. U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)
1. 1.2.4.1 NRCS Conservation Practice Standards – Critical Area Planting (342), Sediment
Basin (350)
E. International Code Council (ICC)
1. 1.2.5.1 International Building Code (IBC) – Site Safety and Environmental Controls
F. State and Local Codes and Regulations – Comply with all applicable local erosion and sediment
control ordinances and permits.
G. Occupational Safety and Health Administration (OSHA) Standards – Safety related to erosion
control installation
1.3 DEFINITIONS
A. Erosion Control – Measures used to prevent soil particles from being detached and transported by
wind or water.
B. Sedimentation Control – Practices to prevent eroded soil from leaving the project site and
entering water bodies or stormwater systems.
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PDHQ FUELING STATION 31 25 00
EROSION AND SEDIMENTATION CONTROLS
Page 2 of 6
C. Temporary Controls – Erosion and sedimentation control measures implemented during
construction activities and removed or replaced after site stabilization.
D. Permanent Controls – Measures installed for long-term soil stabilization and sediment control
after construction completion.
1.4 ACTION SUBMITTALS
A. Product Data – Submit manufacturer’s technical data, installation instructions, and material safety
data sheets (MSDS) for each erosion and sedimentation control product.
B. Erosion and Sediment Control Plan – Submit a detailed plan including type, location, installation
details, and maintenance procedures for all temporary and permanent controls.
C. Construction Schedule – Submit a schedule indicating timing of erosion and sedimentation
control installation relative to earthwork activities.
D. Samples – Submit physical samples of key erosion control materials such as silt fence fabric,
erosion control blankets, and sediment logs for approval prior to installation.
E. Certificates – Submit certification of compliance with applicable standards for manufactured
erosion control products.
1.5 INFORMATIONAL SUBMITTALS
A. Inspection Reports – Submit reports from erosion and sediment control inspections performed
during construction.
B. Maintenance Logs – Submit logs documenting maintenance and repair activities for erosion and
sedimentation controls.
C. Qualifications – Submit qualifications of personnel responsible for installation and inspection of
erosion and sedimentation controls.
1.6 QUALITY ASSURANCE
A. Installer Qualifications – Engage experienced installers with a minimum of three years’
experience in erosion and sedimentation control systems similar in scope and complexity.
B. Regulatory Compliance – Comply with requirements of federal, state, and local regulatory
agencies having jurisdiction over erosion and sedimentation control.
C. Inspection and Testing – Conduct inspections at intervals not exceeding seven calendar days and
within 24 hours after any storm event of 0.25 inches or greater, documenting condition and
performance of controls.
D. Material Compliance – Use only materials meeting the requirements of referenced standards and
approved submittals.
E. Environmental Protection – Implement controls to prevent off-site sedimentation and protect
water quality per EPA CGP and local permit conditions.
1.8 DELIVERY, STORAGE, AND HANDLING
A. Delivery – Deliver erosion and sediment control materials in original, unopened packages or
containers bearing manufacturer’s name, product identification, and batch number.
B. Storage – Store materials in a clean, dry location protected from exposure to sunlight, moisture,
and contaminants.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 31 25 00
EROSION AND SEDIMENTATION CONTROLS
Page 3 of 6
C. Handling – Handle materials to prevent damage; avoid dragging or dropping materials. Protect
fabric and blankets from tearing, punctures, or deterioration during installation.
D. Stockpile Management – Stockpile soil and erosion control materials away from drainage courses
and protected by temporary controls to prevent sediment runoff.
1.9 WARRANTY
A. Manufacturer’s Warranty – Provide manufacturer’s standard warranty for erosion control
products against defects in materials and workmanship for a minimum period of one year from
date of installation.
B. Installer’s Warranty – Installer shall warrant that erosion and sedimentation controls have been
installed in accordance with manufacturer’s instructions, project specifications, and approved
plans for a minimum period of one year from date of acceptance.
C. Corrective Action – Promptly repair or replace erosion and sediment control measures found
defective or failing within warranty period at no cost to the Owner.
PART 2 – PRODUCTS
2.1 MANUFACTURERS
A.Silt Fence and Sediment Control Products:
1. Tenax Corporation
2. North American Green, LLC
3. Stormwater Management, Inc.
4. Filtrexx International LLC
5. Mirafi (TenCate)
B. Erosion Control Blankets and Turf Reinforcement Mats:
1. North American Green, LLC
2. Curlex (American Excelsior Company)
3. Propex Global
4. Profile Products LLC
5. West Coast Turf Products
C. Straw Bales and Wattles:
1. Local agricultural suppliers (certified weed free)
D. Sediment Basins and Check Dams:
1. Stormwater Management, Inc.
2. ADS (Advanced Drainage Systems)
3. ACF Environmental, Inc.
2.2 MATERIALS
A. Silt Fence Fabric
1. Filter fabric shall be a woven or non-woven synthetic geotextile meeting ASTM D5141
and ASTM D5035 requirements.
2. Minimum tensile strength: 120 lbs per ASTM D5035.
3. Apparent opening size (AOS): 30 to 50 US standard sieve size.
B. Posts for Silt Fence
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 31 25 00
EROSION AND SEDIMENTATION CONTROLS
Page 4 of 6
1. Wood posts: Untreated, minimum 2 inch by 2 inch by 48 inches in length.
2.Steel posts: U-shaped with minimum 1.33 lb/ft weight and minimum 48 inches long.
C. Erosion Control Blankets and Mats
1. Biodegradable blankets composed of straw, coconut fiber, or wood excelsior with UV
degradation within 12 months.
2. Turf reinforcement mats made of synthetic materials with minimum 5-year durability.
D. Straw Bales
1. Certified weed-free, well-tied, minimum dimensions 14 inches by 18 inches by 36 inches.
E. Sediment Logs and Wattles
1. Cylindrical tubes filled with straw, coconut fiber, or composted materials encased in UV
resistant netting.
F. Sediment Basins and Check Dams
1. Constructed of rock, gravel, or manufactured structural materials as per design
requirements.
G. Filter Bags and Fabric Tubes
1. Durable, UV stabilized geotextile fabric designed for sediment filtration and water flow.
2.3 ACCESSORIES
A. Stakes, wire, staples, and fasteners compatible with erosion control materials and installation
requirements.
B. Biodegradable erosion control mesh or twine for securing blankets and mats.
C. Warning and safety signage as required by OSHA and local regulations.
PART 3 – EXECUTION
3.1 EXAMINATION
A.Verify that site conditions are acceptable for erosion and sedimentation control installation
including grading, drainage patterns, and soil conditions.
B. Confirm that necessary permits, approvals, and erosion control plans have been received and
reviewed.
C. Inspect delivered materials for compliance with specifications and storage conditions.
3.2 PREPARATION
A. Clear and grub areas of vegetation and debris only as necessary to install erosion and sediment
controls.
B. Protect existing vegetation and natural buffers not designated for removal.
C. Prepare soil surfaces for installation of erosion control blankets and mats by smoothing and
ensuring proper moisture content.
3.3 INSTALLATION
A. 3.3.1 Silt Fence
1. Install silt fence along contour lines as shown on erosion control plans, prior to
commencement of earthwork.
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PDHQ FUELING STATION 31 25 00
EROSION AND SEDIMENTATION CONTROLS
Page 5 of 6
2. Excavate trench at least 6 inches deep to anchor fabric and backfill with compacted soil.
3.Secure fabric to posts with staples or wire ties at maximum 12 inches on center.
4. Posts shall be spaced a maximum of 6 feet apart.
5. Overlap fabric ends a minimum of 12 inches at joints.
B. 3.3.2 Straw Bale Barriers
1. Install on level contour lines with stakes driven through bales at minimum 24 inches on
center.
2. Place bales end-to-end with minimal gaps and securely tethered.
3. Backfill and compact soil on uphill side to prevent water flow beneath bales.
C. d. Replace bales as they deteriorate or become ineffective.
D. 3.3.3 Erosion Control Blankets and Turf Reinforcement Mats
1. Install on slopes steeper than 3:1 or as indicated on plans.
2. Anchor blankets with staples or pins at spacing recommended by manufacturer.
3. Overlap adjacent blankets a minimum of 6 inches following manufacturer’s instructions.
4. Seed and fertilize soil prior to blanket installation unless otherwise directed.
E. 3.3.4 Sediment Basins and Traps
1. Construct basins according to design drawings and NRCS standards.
2. Install outlet structures and energy dissipation devices as specified.
3. Maintain basins free of sediment accumulation exceeding design capacity.
F. Sediment Logs and Wattles
1. Install along contour lines or at perimeter of disturbed areas.
2. Secure firmly to ground with stakes placed at intervals not exceeding 4 feet.
G. Temporary Diversions and Drainage Controls
1. Construct berms, ditches, or swales to divert runoff away from disturbed areas.
2. Use temporary piping or lined channels as required to prevent erosion.
3.4 MAINTENANCE AND MONITORING
Perform weekly inspections and after storm events to assess condition and effectiveness of erosion and
sediment controls.
Repair or replace damaged or ineffective controls immediately.
Remove accumulated sediment from behind controls when sediment reaches 50 percent of barrier height.
Maintain controls until disturbed areas are permanently stabilized with vegetation or other approved
measures.
Document maintenance activities and inspection results in logs submitted as per 1.5.2.
3.5 REMOVAL
Remove temporary erosion and sedimentation controls after final site stabilization is achieved and as
approved by the Owner or governing agencies.
Dispose of removed materials in accordance with local regulations and environmental requirements.
Restore disturbed areas caused by removal operations to original or specified condition.
3.6 PROTECTION
A. Protect installed erosion and sedimentation controls from damage by construction activities and
equipment.
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PDHQ FUELING STATION 31 25 00
EROSION AND SEDIMENTATION CONTROLS
Page 6 of 6
B. Restrict access and vehicle traffic over protected areas.
C.Provide signage and barriers as required for public and worker safety.
END OF SECTION
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
SECTION 32 11 23
AGGREGATE BASE COURSES
PDHQ FUELING STATION 32 11 23
AGGREGATE BASE COURSES
Page 1 of 6
PART 1 – GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes aggregate base courses for use in pavement and roadway subbase
construction, including:
1. Aggregate base materials.
2. Placement and compaction of aggregate base courses.
B. Related Sections include but are not limited to:
1. Section 31 20 00 – Earth Moving
2. Section 32 12 16 – Asphalt Paving
3. Section 32 13 13 – Concrete Paving
4. Section 31 23 33 – Excavation and Fill for Utilities
5. Section 31 22 00 – Grading
6. Section 01 33 00 – Submittal Procedures
7. Section 01 45 00 – Quality Control
1.1 REFERENCES
A. The following standards, specifications, codes, and publications form a part of this
specification to the extent referenced. Latest editions apply unless otherwise noted:
1. ASTM International (ASTM):
a) ASTM D75 – Standard Practice for Sampling Aggregates
b) ASTM D2487 – Standard Practice for Classification of Soils for
Engineering Purposes (Unified Soil Classification System)
c) ASTM D2940 – Standard Specification for Graded Aggregate Material for
Bases or Subbases for Highways or Airports
d) ASTM D4318 – Standard Test Methods for Liquid Limit, Plastic Limit,
and Plasticity Index of Soils
e) ASTM D698 – Standard Test Methods for Laboratory Compaction
Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3)
f) ASTM D1557 – Standard Test Methods for Laboratory Compaction
Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3)
g) ASTM D6938 – Standard Test Methods for In-Place Density and Water
Content of Soil and Soil-Aggregate by Nuclear Methods (Shallow Depth)
2. American Association of State Highway and Transportation Officials (AASHTO):
a) AASHTO M147 – Standard Specification for Materials for Aggregate
Subbase, Base, and Surface Courses
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
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AGGREGATE BASE COURSES
Page 2 of 6
b) AASHTO T99 – Moisture-Density Relations of Soils Using 5.5-lb
Rammer and 12-in. Drop
c) AASHTO T180 – Moisture-Density Relations of Soils Using 10-lb
Rammer and 18-in. Drop
d) AASHTO T27 – Sieve Analysis of Fine and Coarse Aggregates
e) AASHTO T11 – Materials Finer than 75-μm (No. 200) Sieve in Soils by
Washing
3. Federal Highway Administration (FHWA):
a) FHWA Publication: "Construction of Aggregate Base Courses"
4. Local and State Department of Transportation (DOT) standards as applicable.
1.2 DEFINITIONS
A. Aggregate Base Course: A layer of specified aggregate material placed and compacted as
a base or subbase for pavement or roadway construction.
B. Compaction: The process of increasing the density of the aggregate base material by
mechanical means to specified requirements.
1.5 QUALITY ASSURANCE
A. Qualifications:
1. Installer shall have minimum 5 years’ experience in installation of aggregate base
courses of similar scope and scale.
2. Testing agency shall be independent and certified in materials testing for soils and
aggregates.
B. Preconstruction Testing:
1. Verify aggregate material properties meet specified gradation and quality
requirements prior to delivery to site.
C. Field Testing:
1. Perform compaction tests in accordance with ASTM D6938 or other approved
methods to verify in-place density.
2. Perform moisture content testing concurrent with compaction tests.
D. Mock-Up / Sample Panel:
1. Where directed by the Architect or Engineer, provide sample panel of aggregate
base course illustrating compaction and finish.
1.6 ACTION SUBMITTALS
A. Product Data: Submit manufacturer's product data for aggregate materials including
gradation, physical properties, and source of supply.
B. Mix Design: Submit aggregate gradation and mix design confirming compliance with
specified gradation and quality requirements.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 32 11 23
AGGREGATE BASE COURSES
Page 3 of 6
C. Certificates: Submit certificates verifying compliance of aggregate materials with
specified standards.
D. Quality Control Plan: Submit proposed quality control procedures for placement,
compaction, and testing of aggregate base courses.
E. Warranties: Submit copies of manufacturer and installer warranties.
1.7 INFORMATIONAL SUBMITTALS
A. Test Reports: Submit test results for aggregate materials including gradation, soundness,
and contamination analysis.
B. Field Test Reports: Submit compaction and moisture content field test results during
placement operations.
C. Manufacturer’s Certificates of Compliance.
D. Maintenance Data: Submit recommendations for maintenance of aggregate base courses.
1.8 DELIVERY, STORAGE, AND HANDLING
A. Delivery:
1. Deliver aggregate base materials in dry condition, free from contamination.
2. Coordinate delivery schedule to prevent overstocking and prolonged exposure to
weather.
B. Storage:
1. Store aggregate materials on-site in designated stockpiles with proper drainage to
prevent segregation, contamination, or moisture intrusion.
2. Stockpiles shall be shaped to prevent water accumulation and covered if required
by weather conditions.
C. Handling:
1. Handle aggregate materials to prevent segregation and contamination.
2. Use equipment and methods to minimize dust generation.
1.9 WARRANTY
A. Installer Warranty:
1. Provide a written warranty that aggregate base course placement and compaction
will meet specified requirements and be free from defects for a period of one year
from date of acceptance.
B. Material Warranty:
1. Provide manufacturer's warranty that aggregate materials comply with specified
standards and are free from defects affecting performance.
PART 2 – PRODUCTS
2.1 MANUFACTURERS
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 32 11 23
AGGREGATE BASE COURSES
Page 4 of 6
A.Aggregate Base Suppliers (Subject to compliance with requirements, including local
availability):
1. Vulcan Materials Company
2. Martin Marietta Materials
3. CRH Americas Materials
4. Lehigh Hanson, Inc.
5. Local approved quarry suppliers as identified by Engineer or Owner.
2.2 MATERIALS
A. Aggregate Base Material:
1. Shall consist of clean, hard, durable particles of stone, crushed gravel, or sand
meeting the gradation requirements of ASTM D2940 or AASHTO M147.
2. Gradation:
a) Percent passing 3/4 inch (19 mm) sieve: 100%
b) Percent passing No. 4 sieve: 30% - 70%
c) Percent passing No. 200 sieve: 2% - 12%
3. Plasticity: Material shall have a Plasticity Index (PI) less than 6 as per ASTM
D4318.
4. Soundness: Aggregate shall have a soundness loss not exceeding 12% after 5
cycles of sodium sulfate test per ASTM C88.
5. Cleanness: Material shall be free from deleterious substances including clay
lumps, organic matter, and other foreign materials.
B. Water for Moisture Conditioning:
1. Clean, potable water free from oils, acids, alkalies, organic materials or other
substances harmful to the aggregate or surrounding materials.
PART 3 – EXECUTION
3.1 EXAMINATION
A.Verify subgrade has been prepared in accordance with Section 31 20 00 – Earth Moving
and is ready to receive aggregate base course.
B. Inspect subgrade for proper compaction, moisture content, and contour.
C. Notify Engineer in writing of any unsatisfactory conditions prior to placement of
aggregate base.
3.2 PREPARATION
A. Proof-roll subgrade surface to detect soft spots and areas requiring correction.
B. Correct subgrade irregularities or deficiencies by scarifying, moisture conditioning,
compacting, or replacing material as directed.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 32 11 23
AGGREGATE BASE COURSES
Page 5 of 6
3.3 PLACEMENT
A.Place aggregate base in layers (lifts) not exceeding 8 inches (200 mm) loose thickness.
B. Spread material evenly by mechanical means to required thickness and contour.
C. Maintain moisture content within optimum range for compaction during placement.
D. Prevent contamination of aggregate base course from adjacent materials or equipment.
3.4 COMPACTION
A. Compact each lift of aggregate base to a minimum of 95 percent of maximum dry density
as determined by ASTM D698 or ASTM D1557.
B. Perform compaction with appropriate equipment such as vibratory rollers, pneumatic
rollers, or sheepsfoot rollers depending on material characteristics.
C. Control moisture content to within +/- 2% of optimum moisture content during
compaction operations.
D. Perform field density tests at a frequency of one test per 1,000 square yards (840 square
meters) or as directed.
E. Rework areas that do not meet compaction requirements until specified density is
achieved.
3.5 TOLERANCES
A. Finished aggregate base course shall be within plus or minus 0.1 foot (±30 mm) of
required elevation.
B. Surface shall be free of segregation, large voids, or irregularities that affect pavement
placement.
3.6 FIELD QUALITY CONTROL
A. Testing agency shall perform quality control testing including:
1. Gradation analysis of delivered aggregate materials.
2. Moisture content and density testing during placement and compaction.
B. Submit test results within 24 hours of testing.
C. Engineer reserves the right to require additional testing at no additional cost to Owner if
quality deficiencies are suspected.
3.7 PROTECTION
A. Protect completed aggregate base course from traffic, erosion, and contamination until
subsequent construction.
B. Maintain proper drainage to prevent water accumulation on or within aggregate base.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 32 11 23
AGGREGATE BASE COURSES
Page 6 of 6
C. Repair or replace damaged or contaminated aggregate base prior to placement of
overlying materials.
3.8 CLEANING
A. Remove surplus and waste materials, debris, and equipment from the site daily.
B. Sweep or otherwise clean aggregate base surface prior to placement of pavement or other
overlying materials.
END OF SECTION
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
SECTION 32 13 13
CONCRETE PAVING
PDHQ FUELING STATION 32 13 13
CONCRETE PAVING
Page 1 of 6
PART 1 – GENERAL
1.1 RELATED DOCUMENTS
A.Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
B. Related Sections include, but are not limited to:
1. Section 01 33 00 - Submittal Procedures
2. Section 01 45 00 - Quality Control
3. Section 01 60 00 - Product Requirements
4. Section 03 30 00 - Cast-in-Place Concrete
5. Section 31 20 00 - Earth Moving
6. Section 32 11 23 - Aggregate Base Courses
7. Section 32 92 00 - Turf and Grasses
8. Section 32 17 23 - Concrete Curbs and Sidewalks
1.2 REFERENCES, CODES AND STANDARDS
A. American Concrete Institute (ACI)
1. ACI 301 - Specifications for Structural Concrete
2. ACI 302.1R-04 - Guide for Concrete Floor and Slab Construction
3. ACI 305R - Hot Weather Concreting
4. ACI 306R - Cold Weather Concreting
B. American Society for Testing and Materials (ASTM)
1. ASTM C33 - Specification for Concrete Aggregates
2. ASTM C94/C94M - Specification for Ready-Mixed Concrete
3. ASTM C143/C143M - Test Method for Slump of Hydraulic-Cement Concrete
4. ASTM C150/C150M - Specification for Portland Cement
5. ASTM C157/C157M - Test Method for Length Change of Hardened Hydraulic-
Cement Concrete
6. ASTM C172 - Practice for Sampling Freshly Mixed Concrete
7. ASTM C260 - Specification for Air-Entraining Admixtures for Concrete
8. ASTM C494/C494M - Specification for Chemical Admixtures for Concrete
9. ASTM C595/C595M - Specification for Blended Hydraulic Cements
10. ASTM C618 - Specification for Coal Fly Ash and Raw or Calcined Natural
Pozzolan for Use in Concrete
11. ASTM C682 - Test Method for Length Change of Concrete Due to Alkali-Silica
Reaction
12. ASTM C642 - Test Method for Density, Absorption, and Voids in Hardened
Concrete
C. American Association of State Highway and Transportation Officials (AASHTO)
1. AASHTO M 85 - Standard Specification for Portland Cement
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 32 13 13
CONCRETE PAVING
Page 2 of 6
2. AASHTO M 145 - Classification of Soils and Soil-Aggregate Mixtures for
Highway Construction Purposes
D. Portland Cement Association (PCA)
E. Occupational Safety and Health Administration (OSHA)
1. OSHA 29 CFR 1926 - Safety and Health Regulations for Construction
1.3 QUALITY ASSURANCE
A. Perform concrete paving work in accordance with ACI 301 and ACI 302.1R and other
referenced standards.
B. Concrete mix design shall be developed and approved by a qualified testing agency
experienced in concrete paving.
C. Testing laboratory shall be independent and certified in accordance with ASTM C1077
and ASTM E329.
D.Installer qualifications: Experienced in similar concrete paving projects with documented
successful installations.
E. Mock-up: Provide a mock-up panel of concrete paving, minimum 100 square feet, to
demonstrate surface finish, jointing, and coloration.
F. Conduct pre-paving conference to review procedures, quality control, and safety
measures.
1.4 ACTION SUBMITTALS
A. Product Data: Submit manufacturer's technical data for cementitious materials,
admixtures, curing compounds, joint fillers, and sealers.
B.Mix Designs: Submit proposed concrete mix designs including materials, proportions,
and admixtures with supporting test data.
C. Samples: Submit physical samples of curing compounds, joint sealants, and surface finish
treatments.
D. Shop Drawings: Submit layout drawings showing joint spacing, patterns, thickness,
reinforcement, and edge treatments.
E. Certificates: Submit certification of compliance for cement, aggregates, admixtures, and
other materials as specified.
1.5 INFORMATIONAL SUBMITTALS
A. Test Reports: Submit test reports for aggregates, cementitious materials, and trial batch
concrete.
B.Installation Instructions: Manufacturer’s recommended installation instructions for
products used in concrete paving.
C. Maintenance Data: Submit maintenance instructions for concrete paving, including
cleaning and repair.
D. Warranties: Submit manufacturer and installer warranties as specified.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 32 13 13
CONCRETE PAVING
Page 3 of 6
1.6 DELIVERY, STORAGE AND HANDLING
A.Deliver cement, aggregates, admixtures, and other materials in original unopened
containers with labels intact.
B. Store cement and cementitious materials in a dry, moisture-proof area. Protect from
contamination and moisture damage.
C. Store aggregates to prevent segregation, contamination, and moisture accumulation.
D. Store admixtures in accordance with manufacturer's recommendations and protect from
freezing or overheating.
E. Handle materials to prevent damage or contamination. Use equipment and methods to
prevent segregation or loss of materials.
1.7 WARRANTY
A. Provide a minimum 1-year warranty on concrete paving against defects in materials and
workmanship from date of final acceptance.
B. Provide manufacturer’s warranties on chemical admixtures, curing compounds, sealants,
and other proprietary materials as applicable.
C. Warranty shall include repair or replacement of defective paving including removal and
replacement of unsatisfactory concrete.
PART 2 – PRODUCTS
2.1 MATERIALS
A.Portland Cement: ASTM C150, Type I or II, or ASTM C595 blended hydraulic cement
as approved.
B. Aggregates: ASTM C33, clean, hard, durable, and graded aggregates. Coarse and fine
aggregates free of deleterious substances.
C. Water: Clean, potable, free from impurities that may affect setting, strength or durability.
D. Admixtures: ASTM C494 compliant chemical admixtures, including water reducers, air-
entraining agents, retarders, and accelerators as required.
E. Reinforcement: If required, use welded wire fabric or steel reinforcing bars conforming
to ASTM A615 or ASTM A1064.
F. Joint Materials:
1. Joint Fillers: ASTM D1751 bituminous fiber expansion joint fillers or preformed
elastomeric joint fillers.
2. Joint Sealants: Polyurethane or silicone sealants compatible with concrete, ASTM
C920 compliant.
G. Curing Compounds: ASTM C309, clear or translucent, designed for curing concrete
pavements.
H. Surface Finishes: Broom finish or as indicated on drawings.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 32 13 13
CONCRETE PAVING
Page 4 of 6
I. Subbase and Base Materials: As specified in Section 32 11 23 - Aggregate Base Courses.
2.2 MANUFACTURERS
A. 2.2.1 Cement and Admixtures:
1. LafargeHolcim
2. CEMEX
3. BASF Construction Chemicals
4. Sika Corporation
B. Aggregates:
1. Local approved quarries or suppliers meeting ASTM C33 requirements.
C. Joint Fillers and Sealants:
1. W.R. Meadows
2. Pecora Corporation
3. Sonneborn (Grace Construction Products)
D. Curing Compounds:
1. Euco (Euclid Chemical Company)
2. W.R. Meadows
E. Reinforcement:
1. Nucor Steel
2. CMC Rebar
PART 3 – EXECUTION
3.1 EXAMINATION
A.Verify that subgrade and base course have been installed and compacted to required
density and tolerances.
B. Ensure that subgrade is free of soft spots, debris, frost, or frozen material.
C. Verify layout, elevations, and grades are established and conform to drawings and
specifications.
D. Notify Engineer of any conditions detrimental to quality or performance of concrete
paving. Do not proceed until unsatisfactory conditions are corrected.
3.2 PREPARATION
A. Grade and compact subgrade and base course in accordance with Section 31 20 00 and
Section 32 11 23.
B. Moisten subgrade and base to uniform dampness without standing water immediately
before placing concrete.
C. Set and secure forms to lines and grades with adequate strength to withstand concrete
placement and finishing operations.
D. Provide joint layout and insert joint materials as specified.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 32 13 13
CONCRETE PAVING
Page 5 of 6
3.3 CONCRETE MIXING AND DELIVERY
A.Mix concrete in accordance with ASTM C94 and approved mix designs.
B. Maintain slump between 3 and 5 inches unless otherwise directed.
C. Use air-entrained concrete with air content between 5% and 8% for freeze-thaw
durability.
D. Deliver concrete to site promptly and discharge into forms or placing equipment without
segregation.
E. During hot or cold weather, comply with ACI 305R and ACI 306R respectively.
3.4 PLACING CONCRETE
A. Place concrete continuously between expansion joints to prevent cold joints.
B. Deposit concrete as close as possible to final position to minimize segregation.
C. Consolidate concrete with internal vibrators without over-vibration.
D. Screed to grade and strike off to produce a uniform surface.
E. Perform initial surface finishing as soon as bleed water disappears, using bull float or
darby.
3.5 JOINTING
A. Install contraction joints at maximum spacing of 15 feet or as indicated on drawings.
B. Form joints with saw-cut or formed joints as approved.
C. Install expansion joints at intervals indicated on drawings with compressible filler.
D. Seal joints with approved sealant after curing period, ensuring joints are clean and dry.
3.6 FINISHING
A. Apply broom finish perpendicular to traffic direction for slip resistance.
B. Edges: Round edges with edging tool to 1/4 inch radius unless otherwise indicated.
C. Remove surface defects and repair minor imperfections immediately.
3.7 CURING
A. Begin curing immediately after finishing operations.
B. Use curing compound applied uniformly at manufacturer’s recommended rate.
C. Alternatively, use wet curing methods such as wet burlap or polyethylene sheeting for a
minimum of 7 days.
D. Protect concrete from rapid moisture loss, freezing, rain, and contamination during curing
period.
3.8 PROTECTION AND CLEANING
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
PDHQ FUELING STATION 32 13 13
CONCRETE PAVING
Page 6 of 6
A. Protect newly placed concrete from traffic and construction loads until it attains sufficient
strength.
B. Remove forms and joint filler carefully without damaging concrete edges.
C. Clean concrete surfaces of stains, dirt, and curing residues using methods approved by
Engineer.
D.Repair or replace defective or damaged concrete paving as directed.
3.9 FIELD QUALITY CONTROL
A. Testing Agency Responsibilities:
1. Perform slump tests, air content, temperature, and casting of test specimens in
accordance with ASTM C172, ASTM C143, and ASTM C231.
2. Test concrete compressive strength at 7 and 28 days per ASTM C39.
3. Perform additional tests as required to verify compliance with mix design and
performance criteria.
B.Monitor joint spacing, depth, and sealant installation for compliance.
C.Document all quality control tests and submit reports promptly.
3.10 REPAIRS AND PATCHING
A. Repair minor surface defects with approved patching mortar compatible with existing
concrete.
B. For major defects or failures, remove defective concrete and replace with new concrete as
specified.
C. Ensure repairs match adjoining concrete in finish, texture, and color.
3.11 MAINTENANCE
A. Clean concrete paving periodically with water and mild detergents.
B. Inspect and maintain joint sealants to prevent infiltration of water and debris.
C. Repair surface damage promptly to maintain durability and appearance.
END OF SECTION 32 13 13
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Public Works Department
Fayetteville PD Fueling Station
1800 North Stephen Carr Boulevard
Fayetteville, Washington County, Arkansas
Project No. 26-15063
Geotechnical Engineering Construction Materials Testing Environmental Due Diligence
Boring Location Diagram with Preliminary Site Plan Overlay (Google Earth Imagery Dated: 5/1/2023)
SECTION 09 – GEOTECHNICAL REPORT
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Public Works Department
Fayetteville PD Fueling Station
1800 North Stephen Carr Boulevard
Fayetteville, Washington County, Arkansas
Project No. 26-15063
Geotechnical Engineering Construction Materials Testing Environmental Due Diligence
Boring Location Diagram (Google Earth Imagery Dated: 5/1/2023)
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
1915 North Shiloh Drive
Fayetteville, Arkansas 72704
Office:(479) 521-7645 3 2 1.5 1 3/4 3/8 # 4 # 10 # 40 # 200
DATE:
26-15063
AASHTO
GI
BORING NO.B-1
S-3
3.5 to 5
14
3.00"
1.50"
No. 200
No. 40
SIEVE
SIZE
No. 4
3/8"
DEPTH (FT)
VISUAL DESCRIPTION
PROJECT:
JOB NO:
95.3%
98.7%
100.0%
100.0%
PERCENT
PASSING
100.0%
Fayetteville PD Fueling
Station
GRAIN SIZE DISTRIBUTION CURVE
PLASTICITY CHART
SAMPLE NO.
13
Little Rock, Arkansas
ASTM
DESCRIPTION
AASHTO
CLASSIFICATION
PLASTICITY
INDEX
Lean Clay with Sand, CL A-6
3/4"
1.00"
100.0%
Office Locations
Fayetteville, Arkansas
Fort Smith, Arkansas
Tulsa, Oklahoma
6/18/2026
Dallas, Texas
gray and tan
84.5%
90.4%
92.8%
31
17
LIQUID LIMIT
No. 10
20.5MOISTURE CONTENT (%)
PLASTIC LIMIT
0
10
20
30
40
50
60
70
80
0 10 20 30 40 50 60 70 80 90 100 110
PL
A
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(
P
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LIQUID LIMIT (LL)
"U" Line "A" Line
MH or OH
CH or OH
CL or OL
CL-ML
0
10
20
30
40
50
60
70
80
90
100
0.0010.010.1110100
PE
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PARTICLE DIAMETER, mm
U.S. STANDARD SIEVE OPENINGS IN INCHES & STANDARD SIEVE NUMBERS
ML or OL
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
0
2.5
5
7.5
10
12.5
15
17.5
1
2
3
4
5
6
6
14
16
17
18
15
Surface Description= Gravel = 3 inches
Gravel (3 - inches)
EXISTING FILL - predominantly light
gray, clayey gravel, with asphalt and
chert particles, with sand seams
- predominantly brown and gray, clayey
sand, with trace chert particles
POSSIBLE FILL - predominantly gray
and tan, lean clay, with sand seams
CLAYEY SAND
medium dense, brown and tan
SANDY CLAYEY SHALE
very soft to soft, intensely weathered,
brown and tan
BOTTOM OF BORING AT ABOUT 15
FEET
Fill
SC
Rock
85
26
16
4
13
12
14,
50/3"
LOG OF BORING NO.B-1Fayetteville PD Fueling Station1800 North Stephen Carr Boulevard
Fayetteville, Washington County, Arkansas
Project No.: 26-15063 Location: Shown on attached Boring Location Diagram
COMPLETION DEPTH: 14.75 ft.DEPTH TO WATER: DURING DRILLING: 3.5 ft
DATE: 6/15/2026 AT COMPLETION: DryRIG: Geoprobe 7822DT, Track-Mounted, Auto Hammer Assisted AT 24 HOURS: Backfilled
DE
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DESCRIPTION OF MATERIAL
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LAB. COHESION, TSF
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Page 1 of 1
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
ROCK CLASSIFICATION LEGEND
WEATHERING DESCRIPTORS FOR INTACT ROCK (USBR, 2001)
Descriptor
Chemical Weathering-Discoloration-
Oxidation
Mechanical
Weathering and
Grain Boundary
Conditions
Texture and Solutioning General
Characteristics Body of Rock Fracture
Surfaces Texture Solutioning
Fresh No discoloration, not
oxidized
No
discoloration or
oxidation
No separation,
intact (tight) No change No solutioning
Hammer rings when
crystalline rocks are
struck
Slightly
Weathered
Discoloration or
oxidation limited to
surface or short distance
from fractures; some
feldspar crystals are dull
Minor or
complete
discoloration or
oxidation of
most surfaces
No visible
separation, intact
(tight)
Preserved
Minor leaching
of some
soluble
minerals may
be noted
Hammer rings when
crystalline rocks are
struck; body of rock
not weakened
Moderately
Weathered
Discoloration or
oxidation extends from
fractures usually
throughout; Fe-Mg
minerals are “rusty,”
feldspar crystals are
“cloudy”
All fracture
surfaces are
discolored or
oxidized
Partial separation
of boundaries
visible
Generally
preserved
Soluble
minerals may
be mostly
leached
Hammer does not
ring when rock is
struck; body of rock is
slightly weakened
Intensely
Weathered
Discoloration or
oxidation throughout; all
feldspars and Fe-Mg
minerals are altered to
clay to some extent or
chemical alteration
produces in-situ
disaggregation
All fracture
surfaces are
discolored or
oxidized;
surfaces are
friable
Partial separation;
rock is friable;
granitics are
disaggregated in
semi-arid
conditions
Altered by
chemical
disaggregation
such as via
hydration or
argillation
Leaching of
soluble
minerals may
be complete
Dull sound when
struck with hammer;
usually can be broken
with moderate to
heavy manual
pressure or by light
hammer blow; rock is
significantly
weakened
Decomposed
Discolored or oxidized
throughout, but resistant
minerals such as quartz
may be unaltered; all
feldspars and Fe-Mg
minerals are completely
altered to clay
Complete
separation of grain
boundaries
(disaggregation)
Resembles a soil; partial or
complete remnant rock structure
may be preserved; leaching of
soluble minerals usually complete
Can be granulated by
hand; resistant
minerals such as
quartz may be
present as “stringers”
or “dikes”
RELATIVE STRENGTH OF INTACT ROCK BEDDING SPACING (modified USBR, 2001)
Descriptor Uniaxial Compressive Strength (psi) Descriptor Thickness or Spacing
Extremely Hard > 30,000 Massive > 10 feet
Very Hard 14,500 – 30,000 Very thickly bedded 3 to 10 feet
Hard 7,000 – 14,500 Thickly bedded 1 to 3 feet
Moderately Hard 3,500 – 7,000 Moderately bedded 3-5/8 inches to 1 foot
Soft 700 – 3,500 Thinly Bedded 1-1/4 inches to 3-5/8 inches
Very Soft 150 – 700 Very thinly bedded 3/8 inch to 1-1/4 inches
Extremely Soft < 150 Laminated < 3/8 inch
CORE RECOVERY CALCULATION (%)ROCK HARDNESS (modified USBR, 2001)
= length of recovered core pieces x 100%
total length of core run Descriptor Criteria
Extremely
hard
Cannot be scratched with pocket knife or sharp pick; can
only be chipped with repeated heavy hammer blows
RQD CALCULATION (%) Very hard Cannot be scratched with pocket knife or sharp pick; breaks
with repeated heavy hammer blows
= length of intact core pieces > 4 in x 100%
total length of core run (inches) Hard Can be scratched with pocket knife or sharp pick with heavy
pressure, heavy hammer blows required to break specimen
Moderately
hard
Can be scratched with pocket knife or sharp pick with light or
moderate pressure; breaks with moderate hammer blows
Moderately
soft
Can be grooved 1/16 inch with pocket knife or sharp pick
with moderate or heavy pressure; breaks with light hammer
blow or heavy hand pressure
Soft
Can be grooved or gouged with pocket knife or sharp pick
with light pressure; breaks with light to moderate hand
pressure
Very soft Can be readily indented, grooved, or gouged with fingernail,
or carved with pocket knife; breaks with light hand pressure
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SOIL CLASSIFICATION LEGEND
APPARENT CONSISTENCY OF COHESIVE SOILS (PECK, HANSON & THORNBURN 1974, AASHTO 1988)
Descriptor SPT N60
(blows/foot)*
Pocket Penetrometer,
Qp (tsf)
Torvane
(tsf)Field Approximation
Very Soft < 2 < 0.25 < 0.12 Easily penetrated several inches by fist
Soft 2 – 4 0.25 – 0.50 0.12 – 0.25 Easily penetrated several inches by thumb
Medium Stiff 5 – 7 0.50 – 1.0 0.25 – 0.50 Penetrated several inches by thumb w/moderate effort
Stiff 8 – 11 1.0 – 2.0 0.50 – 1.0 Readily indented by thumbnail
Very Stiff 12 – 29 2.0 – 4.0 1.0 – 2.0 Indented by thumb but penetrated only with great effort
Hard ≥ 30 > 4.0 > 2.0 Indented by thumbnail with difficulty
* Using SPT N60 is considered a crude approximation for cohesive soils.
APPARENT DENSITY OF COHESIONLESS
SOILS (AASHTO 1988)
MOISTURE
(ASTM D2488-06)
Descriptor SPT N60 Value (blows/foot) Descriptor Criteria
Very Loose 0 – 3
Dry
Absence of moisture, dusty, dry to the touch, well
below optimum moisture content (per ASTM
D698 or D1557) Loose 4 – 8
Medium Dense 9 – 29 Moist Damp but no visible water
Dense 30 – 49 Wet
Visible free water, usually soil is below water
table, well above optimum moisture content (per
ASTM D698 or D1557) Very Dense > 50
PERCENT OR PROPORTION OF SOILS
(ASTM D2488-06)
SOIL PARTICLE SIZE
(ASTM D2488-06)
Descriptor Criteria Descriptor Size
Trace Particles are present but estimated < 5% Boulder > 12 inches
Few 5 – 10% Cobble 3 to 12 inches
Little 15 – 25% Gravel - Coarse
Fine
¾ inch to 3 inches
No. 4 sieve to ¾ inch Some 30 – 45%
Mostly 50 – 100% Sand - Coarse
Medium
Fine
No. 10 to No. 4 sieve (4.75mm)
No. 40 to No. 10 sieve (2mm)
No. 200 to No. 40 sieve (.425mm) Percentages are estimated to nearest 5% in the field.
Use “about” unless percentages are based on
laboratory testing. Silt and Clay (“fines”) Passing No. 200 sieve (0.075mm)
UNIFIED SOIL CLASSIFICATION SYSTEM (ASTM D2488)
Major Division Group
Symbol Description
Coarse
Grained
Soils
(more than
50% retained
on #200
sieve)
Gravel (50% or
more retained
on No. 4 sieve)
Clean
Gravel
GW Well-graded gravels and gravel-sand mixtures, little or no fines
GP Poorly graded gravels and gravel-sand mixtures, little or no fines
Gravel
with fines
GM Silty gravels and gravel-sand-silt mixtures
GC Clayey gravels and gravel-sand-clay mixtures
Sand (> 50%
passing No. 4
sieve)
Clean
sand
SW Well-graded sands and gravelly sands, little or no fines
SP Poorly-graded sands and gravelly sands, little or no fines
Sand
with fines
SM Silty sands and sand-silt mixtures
SC Clayey sands and sand-clay mixtures
Fine Grained
Soils
(50% or more
passing #200
sieve)
Silt and Clay
(liquid limit < 50)
ML Inorganic silts, rock flour and clayey silts
CL Inorganic clays of low-medium plasticity, gravelly, sandy & lean clays
OL Organic silts and organic silty clays of low plasticity
Silt and Clay
(liquid limit > 50)
MH Inorganic silts and clayey silts
CH Inorganic clays or high plasticity, fat clays
OH Organic clays of medium to high plasticity
Highly Organic Soils PT Peat, muck and other highly organic soils
GRAPHIC SYMBOL LEGEND
SPT Standard Penetration Test (2” OD), ASTM D1586
GRAB Grab Sample
ST Shelby Tube, ASTM D1587 (pushed)
AUGER Boring Advanced Through Drilling
CORE Rock coring
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
City of Fayetteville, AR
Bid 2 6 - 4 6 , Addendum 1
Page 1 | 2
Bid 26-46, Addendum 1
Date: Thursday, August 13, 2026
To: All Prospective Vendors
From: Kenny Fitch – 479.575.8258 – kfitch@fayetteville-ar.gov
RE: Bid 26-46, Construction – FPD Fueling Station Rebid
This addendum is hereby made a part of the contract documents to the same extent as though it were
originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of
the Bid.
BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM.
1. CLARIFCATIONS:
a. The tank installation portion of this project is being completed by SPATCO Energy Solutions. A
document detailing the responsibilities of SPATCO and the awarded contractor of this bid was
included with the Project Manual. That document is being included as an attachment to this
addendum to provide additional visibility.
b. The City will be providing an allowance in the amount of $30,000.00 to cover the electrical scope
of this project that is not being completed by SPATCO.
c. General routing for additional conduit(s) is shown on Plan Sheet C1.0.
d. A temporary staging area will be provided where indicated on Plan Sheet C2.0. The contractor
shall coordinate with the Police Department if additional space is needed.
e. To allow access to critical resources throughout the site, the contractor shall maintain one open
lane of traffic adjacent to the construction site, at a minimum, at all times.
f. Access to the site will be granted to the contractor using a key card system. The contractor shall
coordinate access requirements with the Police Department.
g. The color of the canopy structure shall match the existing, adjacent buildings as indicated on
Plan Sheet S1.2.
h. The contractor shall provide and install the canopy structure.
2. QUESTIONS:
a. Can the SPATCO earthwork specifications be provided?
• A sketch provided by SPATCO for the excavation has been included as an attachment to this
addendum.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
City of Fayetteville, AR
Bid 2 6 - 4 6 , Addendum 1
Page 2 | 2
b. What are the backfill material requirements for the fueling tank?
• The backfill material is described in the image below:
3. ATTACHMENTS:
a. Attachment A – Pre-Bid Meeting Sign-In Sheet
b. Attachment B – Scope of Work Narrative by Olsson
c. Attachment C – SPATCO Specifications
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Attachment A -
Pre-Bid Meeting Sign-In Sheet
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
3537 N. Steele Blvd, Suite 310 / Fayetteville, AR 72703
O 479.443.3404 / olsson.com
July 9, 2026
City of Fayetteville
ATTN: Procurement Division
125 W. Mountain St.
Fayetteville, AR 72701
RE: Police Headquarters Fueling Canopy Scope of Work Narrative
Dear Procurement Division:
The intent of this scope of work is to establish the general responsibilities associated with the
site construction for the proposed fueling canopy improvements at the Police Department
Headquarters. Unless specifically excluded below, the Contractor shall furnish all labor,
materials, equipment, supervision, and incidentals necessary to complete the work in
accordance with the contract documents.
Included Scope
The Contractor’s work shall include, but is not necessarily limited to, the following:
•Site preparation, layout, mobilization, traffic control, erosion and sediment control, and
construction staking necessary to perform the work.
•Earthwork required for installation of the fueling system, including excavation for
underground fuel storage tanks.
•Placement and compaction of select backfill material around the underground fuel tanks
in accordance with the tank manufacturer’s recommendations and project specifications.
•Placement of all remaining required backfill, structural fill, and subgrade preparation not
provided by others.
•Excavation, trenching, bedding, backfill, and restoration associated with underground
conduits, sleeves, and utility crossings required for the project.
•Trenching and restoration for electrical and communication conduit routes extending
between the fueling area and the Police Department Headquarters building.
•Installation of conduit sleeves, pull boxes, and associated civil work where indicated on
the construction documents, excluding installation of conductors and associated
electrical work identified as an exclusion below.
•Construction of aggregate base, concrete pavement, asphalt pavement, curbs,
sidewalks, and all associated pavement restoration required to complete the
improvements.
•Placement of Fueling Canopy and foundation as prescribed in the Construction Plans
provided. Fueling Canopy panels to match generally the PD Asset Buildings currently
onsite.
Attachment B -
Scope of Work Narrative by Olsson
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
3537 N. Steele Blvd, Suite 310 / Fayetteville, AR 72703
O 479.443.3404 / olsson.com
• Sawcutting and removal of existing pavement, curb, sidewalk, and other site
improvements necessary for construction.
• Fine grading, site restoration, and repair of all disturbed areas resulting from
construction activities.
• Coordination with SPATCO and other specialty contractors to facilitate installation of the
fuel system components.
• Coordination with utility providers, Owner, and other contractors as necessary to
complete the work.
• Cleanup and demobilization required by the contract documents.
• All incidental work reasonably required to provide a complete and functional site
installation in accordance with the project plans and specifications, except where
specifically identified as excluded below.
Excluded Scope
The following work is specifically excluded from this scope:
• Furnishing, delivery, setting, installation, testing, startup, and commissioning of
underground fuel storage tanks.
• Furnishing and installation of fuel dispensers, pumps, fuel piping, monitoring systems,
leak detection systems, vents, tank appurtenances, and all associated fueling
equipment.
• Furnishing and installation of fuel product lines between tanks and dispensers.
• Furnishing and installation of electrical conductors, communication wiring, controls,
terminations, and all associated electrical work between the fueling system and the
Police Department Headquarters building.
• Programming, startup, testing, calibration, and commissioning of fueling equipment or
associated electrical/control systems.
• Any work specifically assigned to SPATCO or other specialty subcontractors under
separate contract unless otherwise agreed to in writing.
Any work requested outside the scope described above shall be considered additional
work and may require a written change order prior to execution.
Sincerely,
Matthew Loos, P.E.
Vice President
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Attachment C -
SPATCO Specifications
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
City of Fayetteville, AR
Bid 2 6 - 4 6 , Addendum 2
Page 1 | 1
Bid 26-46, Addendum 2
Date: Monday, August 17, 2026
To: All Prospective Vendors
From: Kenny Fitch – 479.575.8258 – kfitch@fayetteville-ar.gov
RE: Bid 26-46, Construction – FPD Fueling Station Rebid
This addendum is hereby made a part of the contract documents to the same extent as though it were
originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of
the Bid.
BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM.
1. CLARIFCATIONS:
a. Addendum 1 indicated there would be an allowance in the amount of $30,000 to cover the
electrical scope of this project. After further consideration, the City will not be providing an
allowance for electrical work. All electrical work will either be completed by SPATCO as part of
their scope or by an electrician chosen by the City under a separate agreement. Bidders should
not include the allowance in their bid price.
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Bid 26-46 Addendum 2
Legacy Construction Management, Inc
Supplier Response
Event Information
Number:Bid 26-46 Addendum 2
Title:Construction - FPD Fueling Station Rebid
Type:Invitation to Bid
Issue Date:7/26/2026
Deadline:8/20/2026 02:00 PM (CT)
Notes:The City of Fayetteville is accepting sealed bids from properly
licensed contractors to construct a fueling station located at the
Fayetteville Police Department. Questions regarding this bid should
be addressed to Kenny Fitch, Sr. Procurement Agent at
kfitch@fayetteville-ar.gov.
Contact Information
Contact:Kenny Fitch - Sr Procurement Agent
Address:Procurement
City Hall
Room 306
113 W. Mountain St.
Fayetteville, AR 72701
Phone:(479) 575-8258
Email:kfitch@fayetteville-ar.gov
9endor: Legacy Construction Management,
Inc
Bid 26-46 Addendum 23age 1 of 4 pages
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Legacy Construction Management, Inc Information
Contact:Steve Collier
Address:3733 Wildcat Creek Blvd
Fayetteville, AR 72704, AR 72704
Phone:(479) 841-0877
Email:scollier@legacy-const.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Steve Collier scollier@legacy-const.com
Signature Email
Submitted at 8/20/2026 01:56:24 PM (CT)
Requested Attachments
Signature Forms for Bid 26-46 Bid Form 26-46.pdf
Please attach your completed forms. These documents can be found in FILE #01 - PROJECT MANUAL in the
Attachments tab. Please be sure to include ALL required information stated in the Project Manual.
Bid Bond for Bid 26-46 Bid Bond 26-46.pdf
Please attach a signed and completed copy of your bid bond. The Bid Bond must be signed by both the bidder
and the surety company to be considered valid. An invalid Bid Bond shall be grounds for bid rejection.
Bid bonds in the form of a cashier's check shall be delivered to City Hall, Procurement Division before bid deadline
and have a copy of the cashier's check uploaded with submittal.
Bid Attributes
1 Arkansas Secretary of State Filing Number:
811123269
2 Arkansas Contractor License Number:
Contractor's License must have a classification relating to the scope prior to the award of this project.
0372390527
3 Check Yes or No:
Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
Yes, I agree
No, I don't agree
9endor: Legacy Construction Management,
Inc
Bid 26-46 Addendum 23age 2 of 4 pages
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
4 Check Yes or No:
Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently
boycott Energy,
Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in
contract, with any
public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy,
Fossil Fuel,
Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing.
Yes, I agree
No, I don't agree
5 Addendum Acknowledgement:
By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued
for this bid.
I agree
Bid Lines
1 Mobilization (Shall not exceed 5% of the total bid price, excluding Bonds & Insurance and Trench & Excavation
Safety)
Quantity:1 UOM:LS Price:$10,379.00 Total:$10,379.00
2 Bonds & Insurance
Quantity:1 UOM:LS Price:$2,450.00 Total:$2,450.00
3 Trench & Excavation Safety
Quantity:1 UOM:LS Price:$500.00 Total:$500.00
4 General Conditions
Quantity:1 UOM:LS Price:$31,487.00 Total:$31,487.00
5 Furnish, Install, and Maintain Erosion Control Measures
Quantity:1 UOM:LS Price:$4,000.00 Total:$4,000.00
6 Furnish and Install Concrete Bollards
Quantity:12 UOM:EA Price:$645.00 Total:$7,740.00
7 Excavation Required for Underground Fuel Storage Tanks
Quantity:454 UOM:CY Price:$16.00 Total:$7,264.00
8 Excavation Required for Electrical Conduits
Quantity:58 UOM:CY Price:$35.00 Total:$2,030.00
9 Select Backfill required for Underground Fuel Storage Tanks
Quantity:454 UOM:CY Price:$88.00 Total:$39,952.00
1
0
Select Backfill Required for Electrical Conduits
Quantity:58 UOM:CY Price:$95.00 Total:$5,510.00
9endor: Legacy Construction Management,
Inc
Bid 26-46 Addendum 23age 3 of 4 pages
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1
1
8" 4000 PSI Portland Cement Concrete Pavement
Quantity:308 UOM:SY Price:$111.93 Total:$34,474.44
1
2
4" ARDOT Class 7 Aggregate Base Compacted
Quantity:308 UOM:SY Price:$25.49 Total:$7,850.92
1
3
Asphalt Pavement Repair
Quantity:141 UOM:SY Price:$80.00 Total:$11,280.00
1
4
Sawcut Existing Pavement
Quantity:213 UOM:LF Price:$10.00 Total:$2,130.00
1
5
Furnish and Install Canopy & Foundation
Quantity:1 UOM:LS Price:$52,903.40 Total:$52,903.40
Response Total: $219,950.76
9endor: Legacy Construction Management,
Inc
Bid 26-46 Addendum 23age 4 of 4 pages
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 02 – BID FORM
1
SECTION 02
BID FORM
Bid Number: 26-46, Construction – FPD Fueling Station Rebid
BID TO:
Owner: The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
Bidder: _______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
ARTICLE 1 - INTENT
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement
with Owner in the form included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents for the Bid price and within the Bid time
indicated in this Bid and in accordance with the other terms and conditions of the Contract
Documents.
ARTICLE 2 - TERMS AND CONDITIONS
2.01 Bidder accepts all terms and conditions of the Invitation to Bid and Instructions to Bidders,
including without limitation those dealing with the disposition of Bid Security. This Bid will remain
subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the
required number of counterparts of the Agreement with the Bonds and other documents
required by the Bidding Requirements within 15 days after the date of Owner’s Notice of Award.
Legacy Construction Management, Inc.
3733 Wildcat Creek Blvd. Fayetteville, AR 72704
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 02 – BID FORM
2
ARTICLE 3 - BIDDER’S REPRESENTATIONS
3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
Number Date
__________________ ___________________
__________________ ___________________
__________________ ___________________
__________________ ___________________
A. Bidder has examined and carefully studied the Bid Documents, and the following
Addenda, receipt of all which is hereby acknowledged:
B. Bidder has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, performance, and
furnishing of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the
Work.
D. Bidder is aware of the general nature of work to be performed by Owner and others
at the Site that relates to Work for which this Bid is submitted as indicated in the
Contract Documents.
E. Bidder has correlated the information known to Bidder, information and
observations obtained from visits to the Site, reports, and drawings identified in the
Contract Documents, and all additional examinations, investigations, explorations,
tests, studies, and data with the Contract Documents.
F. Bidder has given Purchasing Division written notice of all conflicts, errors,
ambiguities, or discrepancies that Bidder has discovered in the Contract Documents,
and the written resolution thereof by Purchasing Division is acceptable to Bidder.
G. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performing and furnishing the Work
for which this Bid is submitted.
H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm, or corporation and is not submitted in conformity with any agreement
or rules of any group, association, organization, or corporation; Bidder has not
directly or indirectly induced or solicited any other Bidder to submit a false or sham
2
1 8/13/2026
8/17/2026
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 02 – BID FORM
3
bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain
from bidding; and Bidder has not sought by collusion to obtain for himself any
advantage over any other Bidder or over Owner.
I. Upon receipt of written notice of acceptance of this bid, bidder will execute the
formal contract attached within 10 days and deliver a Surety Bond or Bonds as
required by the General Conditions.
J. The bid security attached in the sum of $________________________ is to become
the property of the Owner in the event the contract and bond are not executed within
the time set forth above, as liquidated damages for the delay and additional expense
to the Owner caused thereby.
ARTICLE 4 – CONTRACT TIMES
4.01 Bidder accepts the provisions as to liquidated damages in the event of failure to complete the
Work within the total completion time. Liquidated damages in the sum of $__500.00_ for
each consecutive calendar day thereafter will be assessed.
4.02 Determination of Contract Time
A. General
The time allowed for the completion of the Work included in the Contract will be
stated in the Proposal and Contract and will be known as the "Contract Time". The
contract time will be specified as calendar days.
The Contractor shall take into consideration all normal conditions considered
unfavorable to the normal progress of the Work and place a sufficient work force and
equipment on the project to ensure completion of the Work within the contract time.
The Park Planning Superintendent will determine the date upon which the Contract is
substantially complete and time assessment will cease. In the event cleanup is
necessary or items found at the final inspection are to be corrected, the Contractor
shall complete this work in a timely manner or the Park Planning will resume time
charges.
B. Calendar Day
Calendar day contract time includes delays for normal weather-related events, such as
rain, snow, and freezing temperatures that may affect the progress of the construction
in the following amounts on a per-month basis as hereinafter set out. Only weather-
related delays in excess of these amounts will be considered for time extensions, if
requested by the Contractor. Days Included in Contract Times for Normal Weather-
Related Events, on a monthly basis, are:
5%
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 02 – BID FORM
4
Month Days
January 11
February 9
March 8
April 8
May 8
June 8
July 7
August 7
September 7
October 7
November 7
December 8
4.03 No changes in contract times will be allowed for any reason without a request in writing from the
contractor. This request shall include reasons for the request with supporting documentation as
proof of extraordinary delays beyond the contractor’s control. Normal rainfall amounts and soil
conditions will not be considered as reasons for extensions of time, nor will workload of the
Contractor. The request must be submitted to the Park Planning Superintendent every week on
Friday to be considered. No compensation will be made for monetary damages due to weather
delay(s).
ARTICLE 5 – TERMINOLOGY
5.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to
Bidders will have the meanings assigned to them.
SUBMITTED on _____________________________, 20______.
Arkansas State Contractor License No. _______________________________
August 20th 26
0372390527
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 02 – BID FORM
5
If Bidder is:
AN INDIVIDUAL
Name (type or printed): ___________________________________________
By: __________________________________________________(SEAL)
(Individual’s Signature)
Doing business as: ___________________________________________________
Business address: ___________________________________________________
___________________________________________________
Phone No.: ___________________________ FAX No.: _____________________
Tax ID No.: ___________________________ UEI No.: _____________________
A PARTNERSHIP
Partnership Name: ______________________________________(SEAL)
By: _________________________________________________________
(Signature of general partner – attach evidence of authority to sign)
Name (type or printed): _______________________________________________
Business address: ______________________________________________________
____________________________________________________________________
Phone No.: ____________________________ FAX No.: ____________________
Tax ID No.: ___________________________ UEI No.: _____________________
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 02 – BID FORM
6
A CORPORATION
Corporation Name: ______________________________________(SEAL)
State of Incorporation: __________________________________________
Type (General Business, Professional, Service, Limited Liability): _______
____________________________________________________________
By: _________________________________________________________
(Signature – attach evidence of authority to sign)
Name (type or printed): __________________________________________
Title: _________________________________________________________
(CORPORATE SEAL)
Attest: ________________________________________________________
(Signature of Corporate Secretary)
Business address: _________________________________________________
________________________________________________________________
Phone No.: ________________________ FAX No.: ___________________
Tax ID No.: ________________________ UEI No.: ___________________
END OF SECTION 02 – BID FORM
Legacy Construction Management, Inc.
Arkansas
Steve Collier
President
3733 Wildcat Creek Blvd. Fayetteville, AR 72704
26CKYM6BFYC781-5151498
479-841-0877
S-Corporation
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 03 – LIST OF SUBCONTRACTORS
1
SECTION 03
LIST OF SUBCONTRACTORS
In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the
following names of Subcontractors to be used in performing the Work for:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
Bidder certifies that all Subcontractors listed are eligible to perform the Work.
Subcontractor’s Work Subcontractor’s Name Expected Percentage
and Address or Value
Clearing/Demolition ___________________________________ __________________
___________________________________ __________________
Mechanical ___________________________________ __________________
___________________________________ __________________
Plumbing ___________________________________ __________________
___________________________________ __________________
Electrical ___________________________________ __________________
___________________________________ __________________
Roofing/Sheet Metal ___________________________________ __________________
___________________________________ __________________
Other (designate) ___________________________________ __________________
___________________________________ __________________
NOTE: This form must be submitted in accordance with the Instructions to Bidders.
________________________________________
Bidder’s Signature
Clay Cole Construction
711 BUTTERFIELD STAGECOACH BYPASS, Potsville, AR 72858
NA
NA
By Owner
Canopy - Urban Steel
314 S 3RD ST Rogers, AR 72756
Concrete - Flagstone Concrete
1600 S 15TH PLACE Rogers, AR 72758
28%
23%
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CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION – FPD FUELING STATION REBID
SECTION 04 - CONTRACTOR REFERENCES
1
SECTION 04
CONTRACTOR REFERENCES
The following information is required from all Bidders so all bids may be reviewed and properly evaluated:
COMPANY NAME: ________________________________________________________________________________
NUMBER OF YEARS IN BUSINESS: ___________________HOW LONG IN PRESENT LOCATION: ____________________
TOTAL NUMBER OF CURRENT EMPLOYEES: _________________ FULL TIME _______________ PART TIME
NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: ____________ FULL TIME ____________ PART TIME
PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN
THE PAST FIVE (5) YEARS (All fields must be completed):
11. ___________________________________________ 22. _________________________________________
COMPANY NAME COMPANY NAME
_____________________________________________ ___________________________________________
CITY, STATE, ZIP CITY, STATE, ZIP
_____________________________________________ ___________________________________________
CONTACT PERSON CONTACT PERSON
_____________________________________________ ___________________________________________
TELEPHONE TELEPHONE
_____________________________________________ ___________________________________________
DATE COMPLETED DATE COMPLETED
_____________________________________________ ___________________________________________
E-MAIL ADDRESS E-MAIL ADDRESS
3. ___________________________________________ 44. _________________________________________
COMPANY NAME COMPANY NAME
_____________________________________________ ___________________________________________
CITY, STATE, ZIP CITY, STATE, ZIP
_____________________________________________ ___________________________________________
CONTACT PERSON CONTACT PERSON
_____________________________________________ ___________________________________________
TELEPHONE TELEPHONE
_____________________________________________ ___________________________________________
DATE COMPLETED DATE COMPLETED
_____________________________________________ ___________________________________________
E-MAIL ADDRESS E-MAIL ADDRESS
Legacy Construction Management, Inc.
10 10
9 0
0
Fayetteville, AR 72703
Rick Woods
Myers & Woods Law Firm
September 2025
Fayetteville, AR 72704
October 2026
Fayetteville, AR 72701
August 2026
Foxglove Bar and Brewery
rwoods@myerswoodslaw.com
479-485-0500
Logan Miller
loganmiller716@gmail.com
479-200-5176
479-444-3469
tjack@fayetteville-ar.gov
Ted Jack
Underwood Park
Airways Freight
Fayetteville, AR 72704
Dale Caudle
479-841-1228
dalec@airwaysfreight.com
October 2025
2
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
CITY OF FAYETTEVILLE, ARKANSAS:
BID 26-46, CONSTRUCTION - FPD FUELING STATION REBID
August 26
Signed and sealed this _1_1_th ___ day of _______ 20 __ .
PRINCiPAL
Legacy Construction Management, Inc.
SURETY
Ohio Casualty Insurance Co.
By �-
Bryan Clinkscales
(This Bond shall be accompanied with
Attorney-in-Fact's authority from Surety)
END OF SECTION 05
SECTION 05 -BID BOND
2
(CORPORATE SEAL)
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
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Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560