HomeMy WebLinkAbout21-80 RESOLUTIONRESOLUTION NO. a ka'O
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH JERRY SWEETSER CONSTRUCTION COMPANY
FOR THE RELOCATION OF WATER MAINS AT THE INTERSECTIONS OF
U.S. HIGHWAY NO. 71 WITH CATO SPRINGS ROAD AND U.S. HIGHWAY
NO. 71 WITH ARKANSAS HIGHWAY 62 WEST.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a contract with Jerry Sweetser Construction
Company for the relocation of water mains at the intersections
of U.S. Highway No. 71 with Cato Springs Road and U.S.
Highway No. 71 with Highway 62 West at a total contract
price of $58,104.55. A copy of the contract authorized for
execution hereby is attached hereto marked Exhibit "A" and
made a part hereof.
PASSED AND APPROVED this day of 1980.
ATTEST:
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(SEAL)
LERK
APPROVED
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MAYOR
00 so
14,00 woe
Gen. 348 (1-73)
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RTIFICATE OF INSURANCE
This is to certify that the policies listed in this Certificate have been issued to the Named Insured by the Company designated
below. This Certificate des not amend, extend or otherwise alter the terms, conditions or exclusions of such policies.
Issued To (Name and Address)
I—
City of Fayetteville
Fayetteville, AR 72701
u
P.
Named Insured and Address:
Jerry D. Sweetser, Inc.
P.O. Box 4217
Policy Number
Faye
Policy Terni
eville, AR 72701
Type of Insurance
Limits of Liability_
Bodily Injury Property Damage'
393900664887
10/23/79 8
Workmen's Compensation
Arkannao Stat tory
lommflmilitill
$ ,000
Each Person
Employers' Liability
$ , 000
Each Accident
+;;•
$ , 000
Medical - Each Person
Comprehensive Automobile
$ ,000
Each Person
BAP1024499
10/30/79-80
Liability
$ , 000
Each Occurrence
$ , 000
Comprehensive General
500
$ , 000
Each Occurrence
$ .000
'�-
Liability
a500�
Aggregate Operations
$ 500 , 000
:=
AggregateProtective
$ 000
1CCC81437
10/30/79-80
Including Blanket
❑ Contractual Liability
$ , 000
Aggregate Completed
Operations and Products
$ , 000
,T
Manufacturers' and
$ 1000
Each Occyrrence
$ , 000
.
Contractors' Liability
—`
Aggregate
$ , 000
Owners', landlords' and
$ , 000
Each Occurrence
$ , 000
Tenants' Liability
' 1
Aggregate
$ , 000
Completed Operations and
$ , 000
Each Occurrence
$ , 000
Products Liability
$ , 000
Aggregate
$ , 000�a
$ 0000
Each Occurrence
$ , 000
:
g',
"'
a
Contractual Liability
Aggregate
$ , 000
€,-
Comprehensive Excess
$ , 000
Each Occurrence
Combined Personal
$ , 000
Aggregate
Injury andIndemnity
Property DamagePE
esr
Description and
The Company
but assumes no
_ UNITED
❑ FIDELITY
location of
designated
responsibility
STATES
AND
operations and automobiles covered:
below will make every effort to notify the holder of this Certificate of any material change in or cancellation of these policies,
for failure to do so.
FIDELITY AND GUARANTY COMPANY
GUARANTY INSURANCE UNDERWRITERS, INC.
-
-..
By a�
Date
February 7, 1980
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Gen. 348 (1-73)
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ARKANSAS PERPOY"_1CCr AND PAYMENT BOND
(1.1-60-I Arkansas Statutes)
KNOW ALL MEN BY THESE PRESENTS: That we (1) Jerry D. Sweetser, Inc.
a (2) Corporation
United States Fidelity
(3) and Guaranty Co. of
, hereinafter called "Principal" and
Baltimore
of•
Maryland hereinafter called the "Surety", are held and
firmly bound unto (4) City of Fayetteville, Arkans%sL,reinafter called
Fifty -Eight Thousand, One hundred four
"Owner" In the penal sum of and 551100 dollars (S 58,104.95
in lawful money of the United States, for the payment of which sum well
and truly to be made, said principals and Surety bind themselves, their
heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents.
THE COI;DITIO:: OF THIS OSLIGATIQN is such that whereas, the Princival
entered into a certain contract with the Owner, dated the 7th
day of February , 19 80, a copy of which is attached and made a cart
hereof for the construction of: water relocation Highway 71 Bypass and
Highway 265 Interchange Water Relocation, Fayetteville, Arkansas
in accordance with plans and specifications prepared by City
r.
NOW, THEREOPRE, if the Principal shall well, truly and faithfully perform
its duties, all the undertakings, covenants, terms, conditions, and agree-
ment of said contract during the original term thereof, and any extensions
thereof which may be granted by the Omer, with or without notice to the
Surety, and if he shall satisfy all claims and demands incurred under such
contract, and shall fully indemnify and save harmless the Owner from all
costs and damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay and expense which the Owner
may incur in making good any default, and shall promptly make payment to all
persons, firms, subcontractors and corporations furnishing material for or
performing labor in the prosecution of the work provided for in such contract,
any any authorized cxtension.or modification thereof, all amou.it:, due for,
but not limited to, materials, lubricants, oil, gasoline, coal and coke,
repair on machinery, equipment and tools consumed or used in connection with
the construction of said work, fuel oil, camp equipa,n , food for men, feed
for animals, premium for bonds and liability and workman's compensation
insurance, rentals on machinery, equipment and draft animals; also for taxes
or payments due the State of Arkansas or any political subdivisions thereof
which shall have arisen on account of, or in connection with, the wages
earned by workmen covered by the bora; and for all labor performed in such
work whether by subcontractor or otherwise, then this obligation shall be'
void, otherwise to remain in full force and effect.
7
ft
The su"dt•_ agrees
t'
the principal
the terns; of this bona shall cover the payment by
of not less than the preva:ling hourly rote of .:.age, as
determined by the Arkansas Denarta-nt of Labor or U. S. Secretary of
Labor, whichever is greater, to all workmen. performing work under the
contract.
PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change extension of tine, alternation,
or addition to the terms of the contract or to the work to be per_ormed
thereunder of the specifications accompanying the same, shall in any wise
affect its obligation on this bond, and it does hereby waive notice of
such change, extension of time, alteration or addition to the terms of
contract as to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the
contractor shall abridge •the right of any beneficiary hereunder, whose
claim may be unsatisfied.
Iu nT::ESS wurrrcr, this instrument is executed in six (6) countermar
each of which shall be deemed an original, this 7th day of
February , 19 80 .
ATTEST:
S
Si/ACEA.40.vto TAEY (PRI'AL
Jer D. Sweetser-
(P e.AL)
(SEAL)
ATTEST:
SECRETARY (SURETY)
(SEAL)
President
P 0 Rnx 479 Fayettevi
(ADDRESS)
United States Fidelity
(SURETY)
BY
ATTORiNEY-IN-FACT Neil
P.O.
ADDRESS
WITNESS AS TO ATTOSNEYjFACT
A. P. Eason, Jr.
P.O. Bbx 4217, Fayetteville, AR
ADDRESS
.01
& Guaranty Co.
\y11 -11,r,,
Danner / \cat
^' '^
ti
Box 4217, Fayettevild A /^
,
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No 83788
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Neil Danner
of the City of Fayetteville
its true and lawful attorney in and for the State of
, State of
Arkansas
Arkansas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
--tit'' `.'Y`'" Neil Danner
o V $"
lawfnlly,Bo in AC -premises by virtue of these presents.
,k `-fin tinercIThereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
Y
,a ledaw��it•I"N��te rporraate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 25th day of
�' �"L^i' 1 May , A. D. 1973
'rr%�rAti'� UNITED STATES FIDELITY AND GUARANTY COMPANY.
(SEAL)
STATE OF MARYLAND,
BALTIMORE CITY, )}
ss:
(Signed)
(Signed)
By
Bertram W. Sealy, Jr.
David L. Royer
Vice -President.
Assistant Secretary.
On this 25th day of May , A. D. 1973 , before me personally came
Bertram W. Sealy, Jr. , Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and David L. Royer , Assistant Secretary of said Company. with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland;
that they, the said Bertram W. Sealy, Jr. and David L. Royer were respectively
the Vice•President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor•
poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the
seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora.
tion, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company.
My commission expires the first day in July, A. D. 19. 74.....
(SEAL)
STATE OF MARYLAND }
BALTIMORE CITY,
I, Robert H. Bouse , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seaL do hereby certify that Herbert J. Aull , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record, this 25th day of May
(SEAL) (Signed)
Set.
(Signed) Herbert J. Aull
Notary Public.
FS 3 (9.67)
, A. D.1973
Robert H. Bouse
Clerk of the Superior Court of Baltimore City.
Us
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4
SPECIFICATIONS
FOR
HIGHWAY 71 BYPASS AND HIGHWAY 265 INTERCHANGE
. WATER RELOCATION
WORK ORDER # 2634
January 16, 1980
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
CITY ENGINEERS' OFFICE
INDEX
ADVERTISEMENT FOR BIDS 1
BID BOND 2
PROPOSAL FOR SCHEDULE I 4
ARKANSAS PERFORMANCE AND PAYMENT BOND 7
CONTRACT AGREEMENT 10
INSTRUCTIONS TO BIDDERS I.T.B.-1
GENERAL CONDITIONS OF THE SPECIFICATIONS G. C. - 1
DETAILED SPECIFICATIONS PART I CONTRACT STIPULATIONS D. S. - 1
DETAILED SPECIFICATIONS PART II CONSTRUCTION SPECIFICATIONS D. S. - 3
DETAILED SPECIFICATIONS PART III MATERIALS D. S. - 14
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1-44
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ADVERTISEMENT FOR BIDS
Project No. 2634
City of Fayetteville, Arkansas
R, .
(Owner)
Separate sealed bids for Water line relocation at Highway 71 Bypass
and 265 Interchange will be received by Sturman Mackey
at the office of
Purchasing & Budgeting - City Administration Building
until 10:00 o'clock (A.M.
February 7,
19 80, and then at said office publicly opened and read aloud.
The Information for Bidders, Form of Bid, Form of Contract, Plans,
Specifications, and Forms of Bid Bond, Performance and Payment Bond, and
other contract documents may be examined at the following:
City Engineer's Office - City Administration Building
113 West Mountain Street - Fayetteville, Arkansas
Copies may be obtained at the office of
located at
113 West Mountain
The City Engineer
upon payment of $
for each set. Any unsuccessful bidder, upon returning such set promptly
and in good condition, will be refunded his payment, and any non -bidder
upon so returning such a set will be refunded $
The owner reserves the right to waive any informalities or to reject
any or all bids.
Each bidder must deposit with his bid, security in the amount, form
and subject to,the conditions provided in the Information for Bidders.
Attention of bidders is particularly called to the requirements as
to conditions of employment to be observed and minimum wage rates to be
paid under the contract.
No bidder may withdraw his bid within 30 days after the actual date
of the opening thereof.
(Date)
Published in Northwest Arkansas Times on January 23 and 30 of 1980.
•
1
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BID BOND
KNOW ALL AEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as Surety, are hereby held
and firmly bound unto as owner
in the penal sum of
for the payment of which, well and truly to be made, we hereby jointly
and severally bind ourselves, our heirs, executors, administrators,
successors and assigns. Signed this day of
19
The condition of the above obligation is such that whereas the Princical
has submitted to
certain bid, attached hereto and hereby made a part hereof to enter into a
contract in writing, for the
a
NOW THEREFOR,
(a) If said Bid shall be rejected, or in the alternate.
(b) If said Bid shall be accepted and the Principal shall execute
and deliver a contract in the Form of Contract attached hereto
(properly completed in accordance with said Bid) and shall
furnish a bond for his faithful performance of said contract,
and for the payment of all persons performing labor or
furnishing materials in connection therewith, and shall in
all other respects perform the agreement created by the
acceptance of said Bid.
then this obligation shall be void, otherwise the same shall remain in
force and effect; it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of the obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that
the obligations of said Surety and its bond shall be in no way impaired
or affected by any extension of the time within which the Owner may
accept such 3id; and said Surety does hereby waive notice of any such
extension.
2
1
IN WITNESS WHEREOF, the Principal and the Surety have hereunto
set their hands and seals, and such of them as are corporations have
caused their corporate seals to be hereto affixed and these presents
to be signed by their proper officers, the day and year first set
forth above.
Principal
Surety
SEAL BY:
•
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4
PROPOSAL FOR SCHEDULE I
(A UNIT PRICE CONTRACT)
Place f
Date
Proposal of (, L ,(A]4Lo
/
aa/c/�orpo/r tion* organized d existing under the laws of the State of
l i[/2�/ e,fL> ,land qualified to do business in the State of Arkansas:
a Partnership* consisting of
an Individual* trading as
TO THE CITY OF FAYETTEVILLE, ARKANSAS:
The bidder in compliance with your invitation for bids for the
construction of Highway 71 Bypass and Highway 265 - Water Relocation
•
having examined
the Plans and Specifications with related documents and the site of the pro-
posed work, and being familiar with all the conditions surrounding the work,
including the availability of materials and labor, hereby proposes to furnish
all labor, material, and supplies required to be furnished, and to construct
the project in accordance with the Contract Documents, and at the unit prices
stated below. These prices are to cover all expenses incurred in performing
the work required under the Contract Documents, of which this proposal is a
part.
Bidder hereby agrees to commence work under this contract on a date to
be specified in a written "Word Order" of the Engineer, and to fully complete
the project within 25 consecutive calendar days.
Bidder acknowledges receipt of the following addenda:
2710l
* Fill out applicable blank
WATER RELOCATION U.S. 71 BYPASS & [IWY 62 INTERCHANGE AND U.S'. 71 BYPASS
AND CA'I'0 SPRINGS ROAD INTERC[IANGE
/t r
1
ITCH
NO.
SCHEDULE "B"
ESTIi•U1TED QUANTITY
AND DESCRIPTION
UNIT**
PRICE
1.
TOTAL
385 L.F. 12" D.I. Pipe Class 50
Rolla
s
X73 s e?, I of
2. 240 L.F. 24" Steel Encasement Pipe Dolla
$ , roo $ o
3. 4 Each 8" Tapping Sleeve
and Valve
s 3 09‘.(x)
4. 1 Each 12" Gate Valve w/box
Dollars
1 Each 8" Gate Valve w/box
s 6 /2)•06 $ 6/aid
jaatteiLlei
o lars
$ el4aDi)
6. 40 L.F. Highway Bore
24" Steel Encasement
Dollars
$ 7b� GO $ 4/C'a) (/U
7. 30 Tons of SB -2
Dollars
$ 046/ $ 306 /)
deadia a, ; Co,friteLi
Total amount of bid
5a
$ k9 7 os
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WATER - RELOCATION - U.S. 71 BYPASS AND CATO SPRINGS ROAD
SCHEDULE "A"
1.
2
ITEM
NO.
ESTIMATED QUANTITY
AND DESCRIPTION
UNIT**
PRICE
TOTAL
1610 L.F. 12" D.I. Pipe Class 50 -; 'Guo 1
* (See note below) i•Ltiar 4141; )
Gam" Dollar
$167:5 $ ' SS D
120 L.F. Highway Bore Dollars
24" Steel Encasement
$ 7000
$ ForflDOyOD
40 L.F. 24" Steel Encasement Dollars
pipe
$ 61;00
'Paid F
4. 1 Ea 8" Gate Valve w/Box
ollars
$ 44 $ 341°16°
5. 1 Ea 12" Gate Valve w/Box Dollars
$ ,UD $ l /O,UU
�P.ec
6. 50 Tons of SB -2
Dollars
1
Total amount of Bid l $ ����(l/t�
V
i/
* NOTE: Fittings, bedding SB -2, and solid rock excavation shall all be
included in the unit price of pipe.
**
Unit prices to be shown in words and figures. In case of discrepancy
amount shown in words will govern.
5
The above unit prices shall
overhead, profit, insurance, etc.
kinds called for.
include all labor, materials, bailing, shoring,
, to cover the finished work of the several
Bidder understands that the Owner reserves the right to reject any or all
bids and to waive any informalities in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for
a period of Sixty (60) calendar days after the scheduled closing time for
receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidder
will execute the formal contract attached within ten (10) days and deliver
the Surety Bond or Bonds as required by Paragraph 8 of the General Conditions.
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 above set forth, as liquidated damages for the
delay and additional expense to the Owner caused thereby.
Respectfully Submitted:
,r'''— Stay; if bid is by a corporation
„
PO
6
/7/n q
Address and Zio Code)
l
ARKANSAS PERFORMANCE AND PAYI.E3NT BOND
(14-604 Arkansas Statutes)
KNOW ALL €N BY THESE PRESENTS: That we (1)
a (2) , hereinafter called "Principal" and
(3) of State of
hereinafter called the "Surety", are held and
firmly bound unto (4) , hereinafter called
"Owner" in the penal sum of dollars ($ ),
in lawful money of the United States, for the payment of which sum well
and truly to be made, said principals and Surety bind themselves, their
heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal
entered into a certain contract with the Owner, dated the
•
day of , 19 , a copy of which is attached and made a part
hereof for the construction of:
NOW, THEREOFRE, if the Principal shall well, truly and faithfully perform
its duties, all the undertakings, covenants, terms, conditions, and agree-
ment of said contract during the original term thereof, and any extensions
thereof which may be granted by the Owner, with or without notice to the
Surety, and if he shall satisfy all claims and demands incurred under such
contract, and shall fully indemnify and save harmless the Owner from all
costs and damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay and expense which the Owner
may incur in making good any default, and shall promptly make payment to all
persons, firms, subcontractors and corporations furnishing material for or
performing labor in the prosecution of the work provided for in such contract,
any any authorized extension or modification thereof, all amounts due for,
but not limited to, materials, lubricants, oil, gasoline, coal and coke,
repair on machinery, equipment and tools consumed or used in connection with
the construction of said work, fuel oil, camp equipment, food for men, feed
for animals, premium for bonds and liability and workmen's compensation
insurance, rentals on machinery, equipment and draft animals; also for taxes
or payments due the State of Arkansas or any political subdivisions thereof
which shall have arisen on account of, or in connection with, the wages
earned by workmen covered by the bond; and for all labor performed in such
work whether by subcontractor or otherwise, then this obligation shall be
void, otherwise to remain in full force and effect.
7
•
The Surety agrees the terms of this bond shall cover the payment by
the principal of not less than the prevailing hourly rate of wages as
determined by the Arkansas; Department, of Labor or U. S. Secretary of
Labor, whichever is greater, to all workmen performing work under the
contract.
PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alternation,
or addition to the terms of the contract or to the work to be performed
thereunder of the specifications accompanying the same, shall in any wise
affect its obligation on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the
contract as to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the
contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts,
each of which shall be deemed an original, this day of
, 19 .
ATTEST:
(PRINCIPAL)
BY
SECRETARY (PRINCIPAL) (TITLE)
(SEAL)
(ADDRESS)
WITNESS AS TO PRINCIPAL (SURETY)
BY
ADDRESS ATTORNEY-IN-FACT
ATTEST:
SECRETARY (SURETY)
(SEAL)
WITNESS AS TO ATTORNEY-IN-FACT
ADDRESS
ADDRESS
8
NOTE:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Date of Bond must not be prior to date of Contract.
Correct name of Contractor
A Corporation, a Partnership, or an individual, as case may be
Correct name of Surety
Correct name of Owner
If Contractor is Partnership, all partners shall execute bond
This bond must be filed with the Circuit Court of the County
where the work is to be performed, prior to the start of const-
ruction
Must be executed by Arkansas Local Resident Agency for Surety
9
CONTRACT AGREEMENT
1. This Contract;and.Agreement, made and entered into this
18th day of March , 1980 , by' and between the City of
Fayetteville, Arkansas, Party of the First Part, acting through its'
duly authorized representative, and Sweetser Construction Company, Inc.
Party of the Second Part:
WITNESSETH:
That for and in consideration of the payments to be made as
hereinafter set forth, the Party of the Second Part hereby agrees to
furnish all tools, labor, equipment, materials, and supplies required
to be furnished and to construct the improvements designated as Hwy 71
Rypaas & Hwy 265 Interchange Water Relo. for the City of Fayetteville,
Arkansas, in exact accordance with the Plans on file at the office of
the Party of the First Part, and Specifications, Proposals, Stipulations,
and Special Provisions attached hereto and made a part hereorrascfully 1.
as though copied herein, under the direct supervision and to t g, entired-
satisfaction of the Party of the First Part and in accordan$ble4.hrrthe
laws of the State of Arkansas. `",At-
n-
2. It is further agreed and understood by and between:ithe parties
,
hereunto that the Party of the First Part agrees to pay and�the�_Party
the Second Part agrees to accept as full and final compensation for all?
work done under this agreement, the unit prices named in the Proposal
which is hereto attached, such payment to be made in lawful money of the
United States, at the time and in the manner set forth in the Specifications.
3. The Party of the Second Part agrees, for the consideration
above expressed, to begin and complete the work within the time specified
in the Proposal. If the Party of the Second Part shall fail to complete
the work in the time specified, he shall pay to the Party of the First
Part, as liquidated damages, ascertained and agreed, and not in the
na,.ure of a penalty, the amount specified in the Proposal for each day
delayed, for each Schedule delayed, which shall be deducted from the
final amount to be paid under the contract, provided that extensions of
time with waiver of liquidated damages may be granted as provided for in
the Specifications.
4. The Party of the Second Part agrees to furnish a Bond, with
an approved Surety thereon, guaranteeing the performance of this Contract,
as required by the laws of the State of Arkansas, and for not less than
one hundred (100) percent of the amount of this contract. Said Bond
shall be conditioned on full and complete performance of this Contract
and acceptance by the Water and Sewer Department for the payment of all
labor and materials entering into or incident to the proposed improvements
and shall guarantee the work against faulty workmanship or materials for
a period of one (1) year after completion. The Surety on said Bond shall
10
be a Surety Company of financial resources satisfactory to the Party
of the First Part, and authorized to do business in the State of
Arkansas.
5. The Party of the Second Part agrees also to carry Public
Liability Insurance, Property Damage Insurance, and Workmen's Compensation
Insurance in amounts as required by these Specifications.
/(
WITNESS OUR HANDS THIS /O 1- DAY OF 7dAc-
WITNESS: 611
SEAL (ifany)
CITY OF FAYETTEVILLE
FAYETTEVT=1E, ARKANSAS')
i
By I/2(e(
&-nparicfrE
By f
WITNESS:
Affix Corporate Seal here (if any)
, 19K).
RCTOR �6%V�LC��
Cr
NAME AND T`
17U_��77
BUSI ESS ADDRESS
11
r
r
INSTRUCTIONS TO BIDDERS
1. QUALIFICATIONS OF CONTRACTORS:
Before submitting a bid, bidders must be licensed under the
terms of Act 150 of the 1965 Acts of the Arkansas General Assembly, and the
successful bidder must be legally qualified in all respects to do business
in the State of Arkansas.
When called upon to do so after receipt of Proposals, bidder
shall prepare a Financial Statement, Experience Record, and Equipment
Schedule. These statements shall reflect the current status of the bidder.
The statements of each bidder must show net liquid assets or credit
facilities in an amount of not less than fifteen (15) percent of the total
amount bid. Each bidder must ha -e had at least three (3) year's experience
in construction of similar improvements and must have successfully completed
at least three (3) such projects. Each bidder must have equipment available
which, in the opinion of the Engineer, is adequate to complete the work under
these Specifications in the time allowed for completion. Should any bids
be received from bidders whose statement, when filed, fail to show that the
bidder's qualifications meet the minimum requirements above -enumerated,
such bids may be rejected.
2. LOCAL CONDITIONS:
Bidders shall read the Specifications, examine the Plans, and
make their own estimates of the existing facilities and the difficulties
which will attend the execution of the work called for by the proposed
Contract, including local conditions, uncertainty of weather, and all other
contingencies. Bidders shall satisfy themselves by personal examination of
the location of the proposed work, and by such means as they may choose, as
to actual conditions and requirements. Information derived from the Plans
and Specifications or from the Engineer or his assistants shall not relieve
the bidder of this responsibility.
3. PROPOSAL GUARANTEES:
Proposals must be accompanied by either a certified or cashier's
check, drawn on a National Bank or a bank having membership in the Federal
Reserve System, or a Bid Bond executed by a satisfactory Surety. The proposal
guarantee shall be in an amount not less than five (5) percent of the bid
and made payable to the Contracting Authority to whom the Proposal is made.
A lesser amount will not be accepted.
The proposal guarantee, or other bid qualifications, shall be sealed
in a separate envelope firmly attached to the outside of the sealed Proposal.
The outer envelope shall be opened first, and if the documents are not found
to be in order, the sealed Proposal shall be returned to the bidder unopened.
The amount of any check or bond
shall
be retained by the Contracting
Authority
as liquidated damages in case
the
bidder
neglects or refuses to
enter into
a contract and to furnish the
required
contract bond within ten
(10) days
after the prescribed contract
and
bond
forms are presented for
signature.
I.T.B.-1
Checks of unsuccessful bidders will be returned immdiatcly after
a contract has been executed.
1. PROPOSALS:
(a) Proposals shall be strictly in accord with the prescribed
forms, furnished with the Specifications. Any modifications or deviations
therefrom may be considered sufficient cause for rejection.
(b) The bidder shall state in words and figures the lumc sum and
unit prices for which he proposes to do each item of work covered by the
Proposal. In case words and figures do not agree, the words shall govern
and the figures shall be disregarded.
(c) It is to be understood that the lump sum required in the
Proposal is for the furnishing of all materials required to be furnished
and the doing of all work required under these Contract Documents, including
items for which no quantities are given, and the quantities given in the
"List of Variable Quantities" at the end of the Proposal. The "Unit Prices
for Variation of Quantities" recuired are for adjustment of the "Basic
Bid" by reason of variation of actual variable quantities from the quantities
given in the "List of Variable Quantities". In case unit prices are not
required, it is to be understood that the lump sun recuired in the Proposal
is for the furnishing of all materials required to be furnished and the
doing of all work required under these Contract Documents.
(d) Proposals may be submitted for any or all Schedules, if
more than one Schedule is included in the work, but bidders submitting a
proposal for a "construction" Schedule must submit a proposal for any other
Schedule of work incident thereto, such as "Electrical" and "Plumbing".
Where a bidder bids on more than one Schedule and desires to accept the
proposal, but any reservation on the part of the bidder to make a decision
on what Schedules he will accept after bids are opened will render the bid
null and void.
(e)
Proposals
must be
signed,
in writing,
by an individual
authorized to
bind the
bidder.
(f) Proposals must be submitted complete, with all other Contract
Documents in their original binding as furnished by the Engineer. They
must be submitted at the place and on or before the time specified in the
Advertisement for Bids.
(g) Proposals must be submitted in sealed envelopes addressed
to the Contracting authority, and clearly marked on the outside of the
envelope, "Proposal for Construction Contract" to be opened at (date and
time). The Bidder's current Arkansas Contractor's license number must be
marked on the envelope.
(h) The Contracting Authority will not consider bids covering
only a portion of these Specifications.
I.T.B.-2
1t: ♦ .1'r? rte♦
•
(i) The unbalancing of bids will not be tolerated. Evidence of
material unbalancing will be considered cause for rejection.
5. MODIFICATION OF BIDS:
No modification
of
bids already submitted
will
be
considered
unless
such modifications
are
received prior to the
hour
set
for opening.
6. BID BONDS, CONTRACT BONDS, AND INSURANCE:
Attention of bidders is called to Act 82 of the 1935 Acts of the
Arkansas General Assembly, which requires that all bid bonds, performance
bonds, labor bonds, employer's liability insurance, public liability
insurance, workmen's collective insurance, and property damage insurance
must be secured through resident agents of Arkansas.
7. CLARIFICATION OF CONTRACT DOCUMENTS:
If any person contemplating submitting a bid for the proposed
contract is in doubt as to the true meaning of any part of the Plans,
Specifications, or other proposed Contract Documents, he may submit to the
Engineer a written request for any interpretation thereof. The person
submitting the request will be responsible for its prompt delivery. Any
interpretation of the proposed Documents will be made only by an Addendum
duly issued, and a copy of such Addendum will be mailed to each person who
has previously secured or who subsequently secures a set of Documents. The
Contracting Authority will not be responsible for any other explanations
or interpretations of the proposed Documents.
8. EXECUTION OF CONTRACT DOCUMENTS:
Following the award and within ten (10) days, provided for in the
Proposal, the successful bidder shall properly execute five (5) counterparts
of the Contract Documents.
9. BASIS OF AWARD:
Bids will be considered on the basis of the total bid price or
prices given in the Proposal. In the event Unit Prices are required they
will not be considered except that evidence of serious unbalancing of the
Unit Prices shall be considered cause for rejection of bids.
The Contract(s) will be awarded to the bidder (or bidders in the
case of more than one Schedule of Work) submitting the lowest and best bid
(or combination of bids), considering the contractor's experience and
ability to do the work, and the character and quality of the equipment
he proposes to furnish. The Contracting Authority reserves the right to
select such bids or combination of bids which in its opinion would serve
its interest best.
The Contracting Authority reserves the right to select between
any Alternatives in the Proposal.
I.T.B.-3
10. EXCEPTIONS TO INSTRUCTIONS TO BIDDEPS:
If this contract is less than $ 20,000.00 the following
exception applies:
The Contract or is not required to be licensed under the
terms of Act 150 or the 1965 Acts of the General Assembly.
11. TI:IE OF COMPLETION AND LIOUIDATED DAMAGES:
Bidder must agree to commence work on or before a date to
be specified in a written "Notice to Proceed" of the Owner and to fully
complete the project within 25 consecutive calendar days thereafter.
12. NOTICE OF SPECIAL CONDITIONS:
Attention is particularly called to those parts of the contract
documents and specifications which deal with the following:
(a) Inspection and testing of materials.
(b) Insurance requirements.
(c) Wage rates.
(d) Special equipment which the Contractor must use on the job.
13. SAFETY STANDARDS AND ACCIDENT PREVENTION:
With respect to all work performed under this contract, the
Contractor shall:
1. Comply with the safety standards provisions of applicable lads,
building and construction codes and the "Manual of Accident Prevention
in Construction" published by the Associated General Contractors of
America, the requirements of the Occupational Safety and Health Act of
1970 (Public Law 91-596), and the requirements of Title 29 of the
Code of Federal Regulations, Section 1518 as published in the "Federal
Register", Volume 36, No. 75, Saturday, April 17, 1971.
2. Exercise every precaution at all times for the prevention of
accidents and the protection of persons (including employees) and
property.
3. Maintain at his office or other well known place at the job site,
all articles necessary for giving first aid to the injured, and shall
make standing arrangements for the immediate removal to a hospital or
a doctors care of persons (including employees), who may be injured on
the jcb site. In no case shall employees be permitted to work at a job
site before the employer has made a standing arrangement for the removal
of injured persons to a hospital or a doctors care.
I.T.B.-4
GENERAL CONDITIONS OF THE SPEGIFICATIONS
1. GENERAL DESCRIPTION:
The work embraced in these Contract Documents consists of
the following:
INSTALLATION OF 12 INCH WATERLINE, TWO HIGHWAY BORES, PLACING 24
INCH ENCASEMENT PIPE
2. DEFINITION OF TERMS:
Wherever in these Documents the following terms are used,
they are understood to have the following meanings:
"OWNER" or "CONTRACTING AUTHORITY" shall mean the City of
Fayetteville, Arkansas.
"ENGINEERS" or "ENGINEER" shall mean the City Engineer, Fayetreville,
Arkansas,' City Administration Building, 107 West Mountain Street (P.O.
Drawer "F"), Fayetteville, Arkansas.
"CONTRACTOR" shall mean the individual, partnership, or corporation
that may have entered into the contract with the Contracting Authority
to perform the work specified herein.
"WORK" shall mean the furnishing of all necessary tools, labor,
equipment, materials, and supplies required to be furnished by the
Contractor under these Specifications.
3. LAWS AND REGULATIONS:
All work shall be done in conformity with the laws of the
State of Arkansas, and any subdivision thereof, municipal and local laws
and ordinances, and all applicable federal statutes, laws or regulations.
No convict labor shall be employed on this project.
4. CONTRACT DOCUMENTS:
The "Advertisement for Bids", the "Proposal", the "Bond"
the "Instructions to Bidders", the "General Conditions", the "Detailed
Specifications", and the "Plans", are each and all of the Specifications
component parts to the agreements governing the work to be done and the
materials and equipment to be furnished.
G.C.-1
The Contract Documents arc complimentary, and what is called for
by one shall be as binding as if called for by all. The intention of the
Documents is to include all tools, labor, equipment, materials and supplies
necessary for the proper execution of the work. Materials or work described
in words which so applied have a well-known Technical or Trade meaning shall
be held to refer to such recognized meaning.
The following copies of the executed Contract Documents will be
provided:
One for the Contracting Authority,
One for the successful Bidder,
One for the Engineer,
One for the Surety,
One for filing with the Circuit Clerk in the County where the
Work is to be performed.
5. SUBCONTRACTS:
The Contractor shall, as soon as practicable after the signing of
the Contract, submit to the Engineer, in writing, the names of any sub-
contractors he proposes for any part of the work.
The Engineer's approval must be secured, in writing, on all Sub-
contracts before they are made and signed.
The Contractor shall be held fully responsible to the Contracting
Authority and the Engineer for the acts and omissions of his Subcontractors
and of the persons directly or indirectly employed by his Subcontractors.
Nothing contained in these Specifications or in the Contract
Documents shall create any contractual relation between any Subcontractor
and the Contracting Authority.
6. THE CONTRACTOR:
It is understood and agreed that the Contractor has satisfied him-
self as to the nature and location of the work, the conformation of the
ground, the character, quality, and quantity of the materials to be encountered,
the character of the equipment and facilities needed preliminary to and
during the prosecution of the work, the general local conditions, and all
other matters which can in any way affect the work under this Contract. No
verbal agreement or conversation with any officer, agent, or employee of
the Contracting Authority or Engineer, either before or after the execution
of this Contract, shall affect or modify any of the terms or obligations
herein contained.
G. C. -2
7. THE ENGINEER:
• The Contracting'Authority contemplates and
permit and make possible a thorough inspection by the
and materials furnished under the Contract Documents.
perform the work to the satisfaction of the Engineer.
performed by the Contractor without the knowledge and
the Contractor shall
Engineer of all work
The Contractor shall
No work shall be
approval of the Engineer
The Contractor shall be an "independent contractor" with full
power and authority to select the means, methods and manner of performing
the work,'being responsible to the Contracting Authority for all materials
delivered and the results contracted for. The authority of any represen-
tative of the Contracting Authority of the Engineer is limited to such
determinations concerning the interpretation and performance of the Contract
Documents. The failure of any representative of the Contracting Authority
or of the' Engineer to condemn or reject work or materials, or otherwise to
exercise any function entrusted to him, shall not excuse the Contractor
from the faithful performance of this Contract, nor shall such action imply
any acceptance by the Contracting Authority or by the Engineer of faulty
work or materials.
'The Engineer shall, within a reasonable time after presentation,
make decisions in writing on claims arising between the Contracting
Authority1and the Contractor and shall make interpretations of plans and
specifications.
8. BOND:
Coincident with the execution of the Contract, the Contractor shall
furnish a good and sufficient surety bond in the amount of ninety-five (95)
percent of the contract sum, guaranteeing the faithful performance of all
covenants, stipulations, and agreements of the Contract, the payment of
all bills and obligations arising from the execution and performance of the
Contract, and guaranteeing the work against faulty workmanship and materils
during construction and for one year after completion, all provisions of
the bond to be complete and in full accordance with the statutory require-
ments. The bond shall be executed with the proper Sureties through a company
licensed and qualified to operate in the State and approved by the Con-
tracting Authority. If at any time during the continuance of the Contract,
the Surety on the Contractor's bond becomes irresponsible, the Contracting
Authority shall have the right to require additional sufficient Sureties
which theContractor shall furnish to the satisfaction of the Contracting
Authority within ten (10) days after the notice to do so. In default, thereof,
the Contract may be suspended, and all payments or money due the Contractor
withheld.,
The bond must be filed with the Circuit Clerk of the County in
which the work is to be performed before any work under the Contract is
performed.
A form of this bond is attached hereto and made a part of these
Specifications.
G.C.-3
9. INSURANCE:
The Contractor shall maintain such insurance as will protect him
from claims under workmen's compensation acts and other employee benefits
and from claims for damages because of bodily injury, including death, and
from claims for damages to property which may arise out of operations or the
work, whether such operations be by himself or by any subcontractor or any-
one directly or indirectly employed by either of them. The insurance sha a
be written in companies authorized to do and doing business in Arkansas and
for not less than the following limits:
Comprehensive General Public Liability with bodily
injury limits of $ 100,000 and $ 300,000 and property
damage limits of $ 50,000;
Comprehensive Automobile Liability (owned, hired
and non -owned Vehicles) with bodily injury limits
of $ 100,000 and $ 300,OC0 and property damage limit
of $ 50,000 for each accident;
Standard Workmen's Compensation and Employer's
Liability covering with statutory limits;
Contractual liability insurance with bodily injury
limits of $ 100,000 and $ 300,000 and property damage
limits of $ 50,000.
Certificates of such insurance shall be filed with the Engineer
before work commences under any contract or subcontract.
10. ROYALTIES AND PATENTS:
The Contractor shall pay all royalties and license fees. He shall
defend all suits or claims for infringement of any patent rights, and shall
save the Contracting Authority from loss on account thereof.
11. INSPECTION:
The detailed manner and method of performing the work shall be
under the direction and control of the Contractor, but all work done shall
at all times be subject to the inspection of the Engineer or his authorized
representative to see that it is done in accordance with the Contract
Documents.
Inspectors may be appointed by the Engineer or Contracting
Authority and their duty shall be to guard the Contracting Authority against
defects and deficiencies in the work and to see that the work is done in
accordance with the Contract Documents. Inspectors shall have authority,
subject to the final decision of the Engineer, to condemn and reject any
defective work and to suspend the work when it is not being done properly,
but the responsibility for the work and compliance with the Contract Docu.ents
and all applicable laws, rules and regulations shall be the Contractor's.
Inspectors shall have no authority to permit any deviation from
the Plans and Specifications except on written order from the Engineer, and
the Contractor will be liable for any deviation except on such written order.
G.C.-4
The inspector shall in no case act as foreman or perform other
duties for the Contractor, nor interfere with the management of the work
by the latter. Any advice, which the inspector may give the Contractor
shall in ro wise be construed as binding to the Engineer in any way or
releasing the Contractor from fulfilling all the terms of the Contract.
All condemned work shall be promptly taken out and replaced by
satisfactory work. Should the Contractor fail or refuse to comply with
instructions in this respect, the Contracting Authority may, upon certifi
cation by the Engineer, withhold payment or proceed to terminate the contract
as provided herein.
Any defective work may be rejected by the Engineer at any time
before final acceptance of the work, even though the same may have been
previouslyI overlooked and estimated for payment.
12. WORKMANSHIP AND SUPERINTENDENCE:
The Contractor shall keep on this work, during progress, a competent
superintendent and any necessary assistants. The superintendent shall
represent the Contractor in his absence and all directions given to him
shall be ais binding as if given to the Contractor.
The Contractor shall provide proper tools and equipment and the
service of all workmen, mechanics, tradesmen, and other employees necessary
in the execution of the work contemplated herein. The employees of the
Contractor shall be competent and willing to perform satisfactorily the
work required of them. Any employee who is disorderly, intemperate, or in-
competent,' or who neglects or refuses to perform his work in a satisfactory
manner, shall be promptly discharged.
It is particularly called to the Contractor's attention that only
first-class workmanship will be acceptable.
13. POSITION, GRADIENT, AND ALIGN?LFNT:
The Engineer shall set such stakes to proper line and grade as may
be necessary for guidance of the Contractor in the proper performance of
the work, and all work must conform closely to the lines and grades given.
It shall be the duty of the Contractor and his employees to call
the Engineer's attention to any stakes which may have been disturbed or
which seem to be off line or grade.
The Contractor shall carefully preserve bench marks, reference
points, and stakes, and in case of willful or careless desruction, he shall
be charged with the resulting expense and shall be responsible for any mis-
takes that may be caused by their unnecessary disturbance or loss.
14. PROTECTION OF WORK, PROPERTY, AND PERSONS AND CONTRACTOR'S
RESPONSIBILITY FOR DAMAGE CLAI4S:
The Contractor shall adequately protect the work, the Contracting
Authority'Is property, adjacent property and the public from injury, damage
or loss ariIising in connection with the contract or the work.
G.C.-5
The Contractor shall provide and maintain all passageways, guard
fences, liuhts or other facilities for safety and protection required by
any public authority or local conditions.
The Contractor assumes entire responsibility and liability for
any third party claims and actions based upon or arising out of injuries,
including death to persons or damage to or destruction of property, sus-
tained or alleged to have been sustained in connection with or to have
arisen out of or incidental to the performance of this contract by the
Contractor, his agents and employees and his subcontractor, their agents
and employees, regardless of whether such claims or actions are founded in
whole or in part upon alleged negligence of the Contracting Authority,
Contracting Authority's representatives or the Engineer, or the employees,
agents Cr licensees thereof. The Contractor shall indemnify and hold
harmless the Contracting Authority and its representatives and the Engineer
and his representatives in respect to any such matters.
15. LEGAL RESTRICTIONS AND PERMITS:
The Contractor shall procure at his own expense all necessary
licenses and permits of a temporary nature, and shall give due and adequate
notices to those in control of all properties which may be affected by his
operations. Permits, licenses, and easements for permanent structures or
permanent changes in existing facilities will be provided by the Contracting
Authority unless otherwise specified. The Contractor must obtain per-
mission from the Contracting Authority or other proper authority before
blockading any roads or highways, and shall furnish all necessary barricades
and detour signs. The Contractor shall give all notices and comply with all
laws, ordinances, rules, and regulations bearing on the conduct of the
work as drawn or specified.
16. ASSIGNMENTS:
No assignment by the Contractor of the contract, or any part there-
of, or of the funds to be received thereunder by the Contractor, will be
recognized unless such assignment has had the written approval of the Con-
tracting Authority, and the Surety has been given due notice of the assign-
ment in writing.
No assignment, transfer, or subletting, even though consented to,
shall relieve the Contractor of his liabilities under this Contract. Should
any Assignee fail to perform the work undertaken by him in a satisfactory
manner, the Contracting Authority may, at its option, annul and terminate
Assignee's contract.
17. OTHER CONTR CTS:
The Contracting Authority reserves the right to let other contracts
in connection with this work. The Contractor shall afford other Contractors
reasonable opportunity for the introduction and storage of their materials
and the execution of their work, and shall properly connect and coordinate
his work with theirs.
G.C.-6
Whatever work being done by the Contracting Authority's forces or
by any other Contractor is contiguous to work covered by this Contract, the
respective rights of the, various interest involved shall be established
by the Engineer, in order to secure the completion of the various portions
of the work in general harmony.
18. 1 SUSPENSION OF WORK:
The Contracting Authority may at any time suspend the work or any
part thereof by qivinq ten (10) day's notice to the Contractor in writing;
the work shall be resumed by the Contractor ten (10) days after the date
fixed in a written notice from the Contracting Authority to the Contractor
to do so.
If the work, or any part thereof, shall be stopped by the notice
in writing aforesaid, and if the Contracting Authority does not give notice
in writing to the Contractor to resume work at a date within twenty (20)
days of the date fixed in the written notice to suspend, except in the
case of litigation, then the Contractor may abandon that portion of the
work so suspended, and he will be entitled to the estimates and payments for
all work done on the portions so abandoned, if any.
19. 1 THE CONTRACTING AUTHORITY'S RIGHT TO DO WORK:
If the Contractor should neglect to presecute the work properly or
fail to perform any provision of this Contract, the Contracting Authority
after three (3) day's written notice to the Contractor may without prejudice
to any other remedy it may have, make good such deficiencies, and may de-
duct the cost thereof from payments then or thereafter due the Contractor.
20. 1 THE CONTRACTING AUTHORITY'S RIGHT TO TERMINATE CONTRACT:
If the Contractor should be adjudged a bankrupt, or if he should
make a general assignment for the benefit of his creditors, or if a receiver
should be appointed on account of his insolvency, or if he should refuse or
should fail, except in case for which extension of time is provided to
supply enough properly skilled workmen or proper materials, or if he should
fail to make prompt payment to Subcontractors or for material or labor, or
desregard laws, ordinances, or the instructions of the Engineer, or other-
wise be guilty of a substantial violation of any provision of the Contract,
then the Contracting Authority, upon the certificate of the Engineer that
sufficient cause exists to justify such action, may, without prejudice to
any other right or remedy and after giving the Contractor ten (10) day's
written notice, terminate the employment of the Contractor as provided under
Paragraph 21, immediately following. In such case, the Contractor shall
not be entitled to receive any further payment until the work is finished.
If the unpaid balance of the contract price shall exceed the expense of
finishing the work, including compensation for additional managerial and
administrative services, such excess shall be paid to the Contractor. If
such expenses shall exceed such unpaid balance, the Contractor shall pay
the difference to the Contracting Authority. The expense incurred by the
Contracting Authority as herein provided and the damage incurred through
the Contractor's default, shall be certified by the Engineer.
G.C.-7
Pending settlement of
the Engineer m.av suspend action
Contractor shall not be entitle
reason of such delay, nor shall
although such extension of time
deems it in the interest of the
disputes on any point of controversy,
on all or any part of the work. The
3 to any claim for loss or damage by
he be entitled to extension of time,
may be granted by the Engineer if he
work.
21. TERai`:ATION FOR BREACH:
In the event that any of the provisions of this Contract
are violated by the Contractor or by any of his Subcontractors, the
Contracting Authority may serve written notice upon the Contractor and
the Surety of its intention to terminate such Contract, such notices to
contain the reasons for such intentions to terminate the Contract, and
unless within ten (10) days after the serving of such notice upon the
Contractor such violation shall cease and satisfactory arrangements for
correction by made, the Contract shall, upon the expiration of said ten
(10) days, cease and terminate. In the event of any such termination,
the Contracting Authority shall immediately serve notice thereof upon
the Surety and the Contractor, and the Surety shall have the right to
take over and perform the Contract, provided, however, that if the
Surety does not commence performance thereof within thirty (30) days
from the date of the mailing to such Surety of notice of termination,
the Contracting Authority may take over the work and prosecute the
same to completion by contract for the account and at the expense of
the Contractor, and the Contractor and his Surety shall be liable to the
Contracting Authority for any excess cost occasioned the Contracting
Authority thereby, and in such event the Contracting Authority may
take possession of and utilize in completing the work, such materials,
appliances, and plant as may be on the site of the work and necessary
therefor.
22. PAY;tENTS WITHHELD:
The Contracting Authority may withhold or, on accout of
subsequently discovered evidence, nullify the whole or part of any
certificate to such extent as may be necessary to protect the Contract-
ing Authority from loss on account of:
(a) Defective work not remedied,
(b) Claims filed or reasonable evidence indicating
probable filing of claims,
(c) Failure of the Contractor to make payments properly
to Subcontractor or for material or labor,
(d) Damage to another Contractor,
(e) Incomplete work
When the above grounds are removed, payment shall be made for amounts
withheld because of them.
23. DELAYS AND E:iT:"::SIOS OF TI!,E:
If, at any time, the Contractor considers he is being delayed
by an act or neglect
by any other Contrac
changes or additions
of the Contracting Authority or its employees, or
for employed by the Contracting Authority, or by any
ordered in the work, or for any reason beyond his control,
G.C.-8
• he shall within ten (10) days from the beginning of such delay notify the
Engineer in writing of the causes of any such delay. Extensions of tine,
with relief from responsibility for liquidated damages incurred by the
Contracting Authority oh account of such delay, will be granted the
Contractor, when, in the opinion of the Engineer, the causes so called to
his attention warrant such extensions of time. No claims for delay will
be considered unless such notice has been filed with the Engineer within
the time specified above.
The Contractor will be required to furnish the Engineer two copies
of each purchase order for materials and equipment as they are issued. If
the Contractor shall seek an extension of time because of delay in receiving
delivery of critical materials, such extension of time may be granted when,
in the opinion of the Engineer, the extension is warranted and the delay is
in no way caused by the Contractor's financial status or by any act or
failure to act on the part of the Contractor. Failure to get items of
material or equipment not essential to the completion of those portions of
the work, which, in the opinion of the Engineer requires supervision by an
Engineer, shall not be deemed justification for waiver of liquidated damages,
however, even though such delays are beyond the Contractor's control, and
even though such items of -material or equipment may be essential to the
actual placing in operation of a portion of all of the project. When such
items of materials or equipment are delayed for reasons beyond the Contractor's
control, she shall complete all other work within the specified construction
period.
Extensions of time, without relief from responsibility for licui-
dated damages incurred by the Contracting Authority on account of delays,
may be granted the Contractor on account of his failure to complete the work
within the time specified.
24. ADDITIONAL, 014ITTED. OR CHANGED WORK:
The Contracting Authority, without invalidating the Contract may
order additional work to be done in connection with the Contract or may alter
or deduct from the work, the Contract sum to be adjusted accordingly.
Additional work shall be done as ordered in writing by the Engineer,
which order shall state the location, character, and amount of extra
work. All such work shall be executed under the conditions of the original
contract'and subject to the same inspection and tests as though therein
included.i
Compensation for additional, omitted, or changed work shall be
adjusted as follows:
Any changes in quantities of work for which unit prices are required
in the Proposal shall be at and for the price bid. Work for which prices
are not required shall be paid for or deducted, as the case may be, upon
the basis of an estimate prepared by the Contractor and approved by the
Engineer,, prior to the written order changing the quantity of work.
If the Contractor claims compensation for additional work not
ordered as aforesaid, or for claims of damages sustained, he shall make a
written statement of claims for compensation or damages to the Engineer,
G.C.-9
which statement shall be in the hands of the Engineer within such time as
will allow a full consideration of the basis for such claim, and in no
case later than fifteen (15) days after the work has been completed or
damages sustained. The Contractor shall furnish, if required, any accounts,
bills, or vouchers relating thereto. Unless such claims are made as re-
ruired, they shall be considered forfeited and invalid.
The Contracting Authority reserves the right to contract with any
person or firm other than the Contractor for any or all extra work. The
Contractor's attention is especially called to the fact that he shall be
entitled to no claim for damages for anticipated profits on any portion of
the work to be omitted.
25. ARBITRATION:
(a) Demand for Arbitration. Any decision of the Engineer which
is subject to arbitration shall be submitted to arbitration upon the demand
of either party to the dispute.
The Contractor shall not cause a delay of the work because of the
pendency of arbitration proceedings, except with the written permission of
the Engineer, and then only until the arbitrators shall have any opper-
tunity to determine whether or not the work shall continue until they decide
the matters in dispute.
The demand for arbitration shall be delivered in writing to the
Engineer and the adverse party, either personally or by registered mail to
the last known address of each, within ten (10) days of the receipt of the
Engineer's decision, and in no case after final payment has been accepted.
If the Engineer fails to make a decision within a reasonable time, a demand
for arbitration may be made as if his decision had been rendered against
the demanding party.
(b) Arbitrators. No one shall be nominated or act as an arbitra-
tor who is in any way financially interested in this Contract or in the
business affairs of the Contracting Authority, or the Contractor, or the
Engineer, or otherwise connected with any of them. Each Arbitrator shall
be a person in general familiar with the work or the problem involved in
the dispute submitted to arbitration.
Unless otherwise provided by controlling statutes, the parties may
agree upon one arbitrator; otherwise there shall he three, one named in
writing by each party to this Contract, to the other party, and the third
chosen by those two arbitrators.
If there be one arbitrator, his decision shall be binding; if
three, the decision of any two shall be binding in respect to both the
matter submitted to and the procedure followed during the arbitration.
Such decision shall be a condition precedent to any right of legal action.
(c) Arbitration Procedure. The arbitrators shall deliver a
written notice to each of the parties and to the Engineer, either personally
or by registered :.".ail to the lat known address of eac.1, of the time and
Glace for the beginning of the hearing of the matters submitted to them.
G.C.-10
Each party may submit to the arbitrators such evidence and arguments as he
may desire and the arbitrators may consider pertinent. The arbitrators
1
shall, however, be the judges of all matters of law and fact relating to
both the subject matters of and the procedure during arbitration and shall
not be bound by technical rules of law or procedure. They may hear
evidence in whatever form they desire. The parties may be represented
before them by such persons as each may select, subject to the discipli-
nary power of the arbitrators if such representative shall interfere with.
the orderly or speedy conduct of the proceedings.
Each party, and the Engineer, shall supply the arbitrators with
such papers and information as they demand, or with any witness whose move-
ments are subject to their respective control, and upon refusal or neglect
to comply, with such demands, the arbitrator may render their decision
without the evidence which might have been solicited therefrom, and the
absence of such evidence shall afford no gtound for challenge of the award
by the party refusing or neglecting to comply with such demand.
The submission to arbitration (the statement of the matters in
dispute between the parties to be passed upon by the arbitrators) shall be
writing duly a_kno%kledged before a notary. Unless waived in writing by
both parties to the arbitration, the arbitrators, before hearing testimony,
shall be sworn by an officer authorized by law to administer an oath,
faithfully and fairly to hear and examine the matters in controversy and to
make a just award according to the best of their understanding.
The arbitrators, if they deem the case demands it, are authorized
to award to the party whose contention is sustained such sums as they
shall consider proper for the time, expense, and trouble incident to the
arbitration, and if the arbitration was demanded without reasonable cause,
damages fi r delay, and other losses.
The award of the arbitrators shall be in writing and acknowledged
like a deed to be recorded, and a duplicate shall be delivered personally
or by registered mail forthwith upon its rendition, to each of the parties
to the controversy and to the Engineer. Judgement may be rendered upon
the award by the Federal Court or by the highest State Court having juris-
diction to render same.
The award of the arbitrators shall not be open to obiection on
account of the form of the proceedings or the award, unless otherwise
provided 'iby the controlling statutes. In the event of such statutes pro-
viding on any matter covered by this Article otherwise than as herein -
before specified, the method of procedure throughout and the legal effect
of the award shall be wholly in accord with said statutes, it being the
intention hereby to lay down a principle of action to be followed, leaving
its local application to be adapted to the legal requirements of the
jurisdiction having authority over the arbitration.
The Engineer shall not be deemed a party to the dispute. He is
given the right to appear before the arbitrators to explain the basis of
his decision and give evidence as they may require.
G.C.-ll
2_G. REFERENCE TO MANUFACTURER OR TRADE NAMES:
Whenever a material, article or piece of equipment is
identified on the plans or in the specifications by reference to
manufacturers' or vendors' names, trade names, catalogue numbers, etc.,
it is intended merely to establish a standard; and, any material,
article, or equipment of other manufacturers and vendors which will perform
adequately the duties imposed by the general design will be considered
equally acceptable provided the material, article, or equipment so proposed,
is, in the opinion of the Engineer, of equal substance and function. It
shall not be purchased or installed by the contractor without the Engineers'
written approval.
27. USE OF COMPLETED PORTIONS:
The Contracting Authority shall have the right to take
possession of and use any completed or partially completed portions
of the work, notwithstanding that the time for completing the entire work
on such portions may not have expired; but such taking possession and use
shall not be deemed an acceptance of any work not completed in accordance
with the Contract Documents. If such prior use of completed portions
increases the cost of, or delays the work, the Contractor shall be entitled
to such extra compensation or extension of time, or both, as the Engineer
may determine.
The Contracting Authority, in taking possession of completed
portions, shall agree to accept the decision of the Engineer, on matters
relating to responsibility for damages that may occur to any portion of
the work during the period of possession preceding acceptance and final
payment.
28. ACCEPTANCE AND FINAL PAYMENT:
As soon as the work has been substantially and satisfactorily
completed, the Engineer will make a final estimate stating that the work
provided for under this Contract has been completed and is accepted by
hin, under the terms and conditions thereof, with qualifications, if any,
as stated. If certain parts of the work are not completed or if certain
corrections must be made in the work even though the work is substantially
completed, the Engineer is authorized to determine the amount which in his
opinion is required for completion and/or correction of the work, and such
amount may be withheld from the final payment to the Contractor, pending
the completion and correction as required. The balance found to be due the
Contractor shall be paid by the Contracting authority within forty (40)
days after the date of the final estimate. Prior to filing for final
estimates, the Contractor shall file with the Engineer a receipt in full
from each manufacturer, subcontractor, dealer and supplier for all equipment
and material used on the work and a complete release of all lions which may
have arisen from this Contract. In lieu thereof, the Contractor shall file
statements showing balance due or claimed on all accounts and the Contracting
Authority shall have the right, if it so elects, to withhold sufficient
money to pay such balances until receipts in full or satisfactory evidence
of final determination are filed with the Engineer who may then make
the final estimate.
G.C.-12
• . i
.
I }
•
• The making and acceptance of the final payment shall
constitute a waiver of all claims by the Contracting Authority, other than
those arising from incomplete or uncorrected,work, unsettled liens, or
from faulty workmanship or materials, and ofallclaims by the Contractor,
except those previously made and still unsettled.
If the work has been partially but substantially completed
to the extent that all adjustments in the Contract sum may be made, the
Engineer may, if material delay in completion is anticipated or if
otherwise:deemed in the interest of the work, make the final estimate,
retaining, in addition to other requirements which may be specified
under payments, an amount representing the cost of unfinished work_
Such Payment shall be under the terms and conditions governing final
payment.
Neither the making of the final estimate, or final payment,
shall relieve the Contractor of his responsibility for faulty materials
or workmanship, and he shall remedy any defects and pay for any damage
resulting therefrom which shall appear within a period of one (1) year
from the date of substantial completion. The Owner shall give notice of
observed defects with reasonable promptness, and all questions arising
under this paragraph shall be decided by the Engineer.
29. PAYMENTS TO CONTRACTOR:
The Engineer will on or about the Twentieth (20th) day of
each month make an estimate of the work done. As soon thereafter as
possible, and as soon as the Contractor has filed receipted bills showing
that he has paid the previous month's bills, the Contractor will be paid
seventy (70) percent of the value of work in place, plus ten (10) percent
for that portion of the work accepted for beneficial occupancy, plus (20)
percent of the value of work that has been properly cleaned up, plus
fifty (50) percent of the value of the materials on the job site but
not in place (figured from the Contractors paid invoices), minus amounts
previously paid. A final estimate will be made following the final
inspection as provided under paragraph 28, after which time and within a
period of forty (40) days, the Contractor will be paid the full amount of
the contract price, less amounts previously paid. Payment will be made
only for the actual quantities installed.
The Contracting Authority may withhold or, on account of sub-
sequently discovered evidence, nullify the whole or part of any certificates
to such extent as may be necessary to protect the Contracting Authority
from loss on account of:
(a) Defective work not remedied,
(b) Claims filed or reasonable evidence indicating probable filing of
claims,
(c) Failure of the Contractor to make payments properly to Sub-
contractor or for material or labor,
(d) Damage to another Contractor,
(e) Incomplete work.
G.C.-13
When the above grounds arc removed, payment shall be made for amounts
withheld because of them.
30. SHOP AND ERECTION DRAWINGS:
The Contractor shall furnish the Engineer with triplicate
copies of all shop and erection drawings for approval. These drawings
shall include the drawings prepared on structural and reinforcing steel,
special layout drawings of equipment or machinery purchased under this
Contract, and other supplementary drawings required in the prosecution
of the work. One copy shall be returned to the Contractor and two
copies retained by the Engineer for field and office reference. The
approval of such drawings by the Engineer does not constitute an
acceptance of responsibility of their accuracy.
31. LABORATORY TESTS:
All material entering into the work is subject to various
tests as may be required by the specifications. The cost of all such
tests shall be the responsibility of the Contractor furnishing such
material.
The Contractor shall also bear the cost of any tests arising
out of his desire to use materials which may be questionable in the
opinion of the Engineer.
32. DRINKING WATER AND SANITARY FACILITIES:
The Contractor shall provide safe drinking water for his
workmen during the construction period. The water shall be delivered
through a spigot, angle jet fountain, or other approved device. Common
drinking cups will be prohibited.
The Contractor shall furnish adequate sanitary facilities
for workmen in the work area during the construction period.
33. CONSTRUCTION SAFETY:
Throughout these specifications, whenever engineering
decisions are to be made to ensure adequate construction in accordance
with the plans and specifications, such inspection and engineering
decisions are not to be construed as supervision of the Contractors'
work force, nor make the Engineer responsible for providing a safe place
for the performance of the work by the Contractor or the Contractors'
employees or those of the suppliers, his subcontractors, nor for access,
visits, use, work, travel, or occupance by any person, as these responsi-
bilities are covered under the provisions of the contract, the
Contractors insurance and performance bond and cannot be the responsi-
bility of the Engineer.
The above provision does not prevent the Engineer or his
G.C.-14
personnel from requiring reasonable safety standards, if, in the
course of their technicalsupervision, it4'comes to the attention of
the Engineer that reasonable safety standards are not being carried
out.
G.C.-15
DETAILED SPECIFICATIONS
PART I - CONTRACT STIPULATIONS
I-1 SPECIFICATIONS:
These detailed specifications are drawn with the object of
securing first class workmanship and materials throughout the work
embraced in this contract, and of securing completed structures properly
and well constructed with regard to all local conditions.
I-2 EXTENT OF WORK:
It is mutually agreed and understood that the contractor will
furnish all tools, labor, equipment, materials, and supplies required
to be furnished, and will construct complete all work shown on the Plans
and in these Specifications.
The Work
consists
of:
Excavating,
laying twelve inch ductile
iron pipe and two
highway
bores
I-3 LIST OF PLANS:
The Plans are bound separate from the specifications and are
generally titled
DESCRIPTION SHEET NO.
Vicinity Map 1
Plan 2-4
Water Details 5
I-4 LANDS AND RIGHTS -OF -WAY:
The Owner will provide all permanent easements or permits
actually required for the construction of the work in all Schedules.
The Contractor shall lease, buy, or make satisfactory provisions,
without obligation to the Owner, for all other temporary land easements
or rights -of -way which he may require for access or storage of materials
or equipment.
DS -1
r.
I-5 STAKING OUTWORK: -'
The Engineer for each Schedule will furnish labor to act
as rodmen, chairmen, and to perform all other duties required to
assist the Engineer in staking out the work for construction and for
measurements to determine quantities of pipe installed. The Contrac-
tor shall not be required to furnish any labor for this purpose.
I-6 QUALITY OF THE PLANS:
The plans have been made with care but cannot be assumed to
be correct in every detail when many of the conditions to be encountered
are not shown on existing maps and are underground.
The approximate location of existing underground water,
gas, and telephone lines are shown. The placing of this information
on the plans in no way obligates the Owner as to its correctness, as
it is indicative only and is placed there for the information and
assistance of the Contractor. It is the expressed intent of these Plans
and Specifications that the Contractor is to make his own investigation
of conditions to be encountered, including rock and underground water,
and thesubmission of the Proposal by the Contractor for the work
constitutes his compliance with this requirement.
DS -2
DETAILED SPECIFICATIONS
PART II - CONSTRUCTION SPECIFICATIONS
II -1 PLANNING AND EXECUTION OF THE WORK:
The construction work included under these specifications
shall be so planned and executed that the various portions of the work will
be carried on concurrently and the whole completed within the time allowed.
Water main connections requiring shut-dot,.m of water service
to users shall be coordinated through the City Engineer.
II -2 EXCAVATION - GENERAL:
All excavation shall be carried accurately to the line and
grade shown on the Plans and established by the Engineer. When excavation
is carried below or beyond that required, the space shall be filled with
compacted SB-2. No claim for additional compensation shall be made for
such backfilling of excess excavation unless the Contracting Authority or
its agent is responsible for the error.
When necessary to protect the laborers, the work, or adjacent
property, the Contractor shall provide and install shoring. Such shoring
shall remain in place until the backfill has proceded to a point where it
can be safely removed, except that, if in the opinion of the City Engineer
damage is liable to result from withdrawing shoring, it shall remain in
place.
II -3 EXCAVATION - TRENCHES FOR WATER MAINS:
Trenches for water lines shall be the width and depth necessary
for the proper installation of the pipe. All pipe lines shall be laid in
trenches of such depth as to provide a minimum cover of thirty-six inches
over the top of pipe barrel unless otherwise shown on the Plans. Contractor
shall increase depth as necessary for crossing other pipe lines and to provide
required cover for valves and valve boxes. Trench will be deepened to the
extent necessary so as not to exceed the maximum permissible deflection of
the pipe being installed, with maximum permissible deflection being as
recommended by the pipe manufacturer.
Width of pipe trench for all water lines shall be adequate for
the installation of the pipe and make-up joints, but in no case shall the
width of the trench at the top of the pipe be wider than the outside diameter
of the pipe plus two (2) feet.
The bottom of the trench shall be accurately graded so that the
pipe will be in continuous and uniform contact with and have a longitudinal
bearing on undisturbed soil for the full length of the pipe, except for such
distance as necessary for adequate bell holes and proper sealing of the
pipe joints.
If the soil at the bottom of the trench is mucky or if the
subgrade is too soft to properly support the pipe, the Contractor shall
DS -3
. t
excavate below the lower extremity of the pipe as directed by the Engineer,
and place a cushion of sand, gravel, or crushed stone thoroughly tamped into
place to receive the pipe. material used"for this purpose shall be SB-2.
II -4 EXCAVATION - ROCK' IN TRENCHES:
Rock excavation shall be defined as solid rock in formation
which cannot be excavated efficiently by adequate power shovels or excavators
of recognized standard manufacture in good condition and adequate size, well
handled by skilled operators; and boulders or pieces of detached rock, which
may be embedded in materials not classed as rock, exceeding ten (10) cubic
feet in volume.
The term "excavated efficiently" as used in this Specification
shall mean that where formation rock can be excavated at a lower cost per
cubic yard of useful excavation by blasting, barring, or wedging, it shall be
so excavated and will be classified as rock.
The Contractor's attention is called to the fact that a shale
formation exists in Fayetteville that generally can be dug and, therefore
this material will not be classified as rock except where it cannot be efficiently
excavated as defined above.
The volume of rock excavation shall be determined by the
horizontal measurement of length of trench in which rock occurs, the vertical
measurement of depth of rock and a width of "D". "D" shall be the nominal
diameter of the pipe plus 15 inches, but not less than 24 inches.
II -5 EXCAVATION - CLASSIFICATION, MEASUREMENT AND PAYMENT:
All excavation not classed as rock shall be classed as common
excavation.
The volume of rock excavation hall be{p-�etermined per Section
11 -4 of these Spec ificat�pns. Rack excav tion shad \ e paid for at the unit
contract price given in h Proposal. I/
The cost of 11 &mtn/exvation i trenc s for water mains
shall be included in the contr picef r pipe a dshall not be paid
for separately. All roc excav �titrenc es for wat r mains shall be
measured and paid for as rock excan.
I1-6 BLASTING:
Blasting will be permitted only when proper precautions are taken
for the protection of persons, the work, and adjacent property; and any damage
done to the work or property by blasting shall be repaired by the Contractor
at the Contractor's expense.
All onerations involvi
storage of explosives shall be it
Federal statutes and regulations.
ding, use, ana
)licable State and
Blasting will be done only after securing written permission
from the City Engineer's office.
DS -4
The Contractor shall be liable for all injuries or deaths
to persons or damage to property caused by blasts or explosions.
The attention of the Contractor is called to Section 9
of the General Conditions of the Specifications entitled "Insurance".
The cost of all work under this Section shall be included
in the Contract unit price for rock excavation and will not be paid for
separately,
II -7 BACKFILLING:
All trenches shall be backfilled immediately after the
pipe is laid using methods that will not disturb the pipe. Material used
for backfilling shall consist of the excavation or borrow of sand, gravel, or
other material approved by the Engineer, and shall be free of trash, lumber
and other debris.
After the pipework has been approved, trenches shall be
backfilled with fine, loose earth free from clods or stones larger than three
(3) inches in any dimension, and of proper moisture content. This selected
material shall be carefully deposited by hand in layers not to exceed four
(4) inches in thickness on both sides of the pipe and thoroughly and care-
fully rammed around the pipe until the backfill has been brought up to the
springline of the pipe. The backfill shall then continue without tamping
but with same material, placed by hand, to a point at least twelve (12)
inches above the top of the pipe. If the excavation is not suitable for
this purpose, as determined by the Engineer, then SB-2 shall be used for
this operation. The remainder of the backfill may then be backfilled by any
approved method which will not injure or disturb the pipe.
Trenches outside the public right-of-way will be neatly
graded up and left slightly "over -full" so that subsequent settlement will
leave the route level with the surrounding terrain. Trench on public pro-
perty shall be filled and refilled as necessary to provide a smooth, well -
graded appearance.
All backfill shall be settled and consolidated until fur-
ther settlement will not occur. It is the intent of this Specification that
the Contractor shall be responsible for settlement of backfill in all work
covered herein. He shall refill trenches as often as necessary to bring
them back to original grade, and during that period settlement is occurring
shall refill them often enough to avoid hazardous conditions or inconvenience.
All excavated material which is unsuitable, or not needed
for backfill shall be wasted or disposed of to the satisfaction of the Eng-
ineer. Surfaces shall be cleaned up, all hummocks and piles smoothed down
and the surface left neat and workmanlike. Where existing drainage ditches
are disturbed or obstructed with excavated material, such material shall be
entirely removed and the ditch left true to original line and grade. Street
shoulders shall be restored to their original contours.
All roadways and driveways shall be backfilled with SB-2
up to the road surface. The roadway and driveway surface shall then be re-
placed as called for elsewhere in these Specifications.
DS -5
4'
The attention of the Contractor is called to a' separate
Section in these specifications concerning crossing lawns.
, l
SS -2 shall be measured and paidtfor as subgrade material at the
unit contract price given in the Proposal.
The cost of all other work described in this section shall be
included in the unit contract price for the installation of pipe and shall
not be paid for separately.
Water for flooding trenches shall be furnished free of charge
by the City of Fayetteville.
II -8 HANDLING AND LAYING C.I., D.Z., AND A.C. PIPE:
In the transportation, unloading, and handling of cast and
ductile iron pipe, the pipe shall not be dropped, let roll and collide with
another pipe, or be subjected to any unnecessary jar, impact, or other treat-
ment that might crack or otherwise damage the pipe.
Before laying pipe in trench, the bottom of the trench shall
be carefully graded and prepared and bell holes excavated so the pipe shall
have a uniform support along its entire length, except at bell holes, and shall
not be allowed to rest on hard supports through a portion of its length only.
All pipe shall have at least 36 inches of cover, unless otherwise shown on the
Plans.
Deflections from a straight line or grade, as required by vertical
curves, horizontal curves, or offsets,shall not exceed 6/D inches per linear
foot of pipe, where D represents the nominal diameter of the pipe expressed
in inches, between the centerlines extended between any two connecting pipes.
If the alignment requires deflections in excess of these limitations, special
bends, or a sufficient number of shorter lengths of pipe shall be furnished
to provide angular deflections within the limit set forth above, as approved
by the Engineer.
The inside of the pipe and all parts involved in jointing shall
be cleaned of all dirt, mud, grease, and other foreign material before the
pipe is laid or the joint started. Ends of pipe shall be temporarily plugged
at the close of each day's work.
• In laying mechanical joint or 'push -on' joint pipe, the manufacturer's
recommendations for securing good joints shall be rigidly followed. The laying
of the pipe shall be done in accordance with AWWA C-600-77 for cast iron or
AW1A C-603-65 for asbestos cement water pipe.
Adequate backing blocks of Class "B" concrete shall be provided
at all points of unbalanced pressure, such as bends, tees, or wyes as shown
on the Plans in such a manner that all joints between pipe and fittings are
accessible for repair.
Cast
iron
pipe shall be
measured and
paid
for as
Cast Iron Pipe
for water mains
at the
appropriate
unit contract
price
given
in the Proposal.
DS -6
Class 'B'
Concrete
shall be measured
as the
actual
amount
placed and
paid for
at
the unit
contract price as
given
in the
Proposal.
The cost of all other work required under this section shall
be considered subsidiary to the laying of pipe or the placement of con-
crete and shall be included in the appropriate unit price.
1I-9 CROSSING AND PARALLELING EXISTING UTILITY LINES:
The construction of sewer lines will necessitate the crossing
and paralleling of existing utility lines, including water mains and
services and natural gas mains and services. The known locations of
such utility mains are shown in their approximate position on the Plans,
but utility service lines are not indicated on the Plans.
The owners of the utility lines shall be notified before
any crossing is made or other work initiated that may disturb a utility line
or interrupt service to a customer. The Contractor is referred to that sec-
tion of the General Conditions of these Specifications where the Contractor's
responsibilities for utility crossings is stated.
The cost of all work under this section will be included
in appropriate contract unit prices, and none will be paid for separately.
II -10 CROSSING BURIED TELEPHONE CABLE:
The location of buried telephone cable is shown approximately
on the Plans as determined from telephone company markers indicating the
location of the cable.
The Contractor will exercise extreme caution in approaching
the location of buried cable. Contractor shall notify the Southwestern
Bell Telephone Company (Dial 4102 in Fayetteville) and wait until a represent-
ative of the telephone company is on the job site to locate buried cables. The
Contractor will not attempt to locate or uncover cable without a represent-
ative of the telephone company present.
The cost of all work under this Section will be included in
appropriate contract unit prices, and none will be paid for separately.
II -11 CUTTING AND REPLACING SPECIAL SURFACES:
Whenever it becomes necessary in excavating for trench to disturb
special surfaces, such as paved or gravel streets, drives, walks, or parking
areas, the original surface shall be restored after completion of the
backfill operation. In these instances, special care shall be used in making
the backfill to eliminate future settlement. The surface shall be restored
using the same type of surfacing materials that were used in the original
surfacing.
CS -7
Backfill of trench lying within roadways shall be in
strict accordance with the applicable provisions as stated in Section II -7
of these Specifications. The condition of thefbackfill, with special regard
to the degree of compact iron, shall be checkedx'and approved by the Engineer
before any surfacing is placed over the backfill.
The replacement of special surfacing shall follow as
soon as practical after the completion of the backfilling operation so as
to restore the roadway to its original condition and traffic capacity. If
in the opinion of the Engineer the replacement of surfacing is lagging, he
may, at his- discretion, stop the pipe laying operation until the replacement
of surfacing proceeds in a satisfactory manner.
Immediately prior to replacing asphalt or concrete pave-
ment or surfacing, a chalk line shall be made along both sides of the trench
at the proper width, and the pavement trimmed, along a straight and vertical
line. No claims will be allowed for additional width of pavement cut and
replaced occasioned by this requirement. The quantity of asphalt and con-
crete pavement cut and replaced will be determined by the horizontal length
of pavement actually cut and replaced measured along the centerline of the
trench multiplied by a width of thirty-six (36) inches, except that where a
width greater than thirty-six (36) inches is required and authorized by the
Engineer, the actual width of pavement cut and replaced shall be used in
determining the quantiy of pavement cut and replaced.
In gravel surfaced streets or parking areas, the gravel
will be disturbed in excavating for sewer trench. After the backfill has
been so placed that no further appreciable settlement will occur, gravel
surfacing shall be replaced to the same compacted thickness as the original
surfacing. During construction operations, the gravel on the remainder of
the street not occupied by the trench may be disturbed and covered with dirt
from the excavation. After completion of the backfill, such dirt shall be
removed as completely as possible and additional gravel placed on the street
as directed by the Engineer until the street is satisfactorily restored to
its original condition.
Gravel surfacing cut and replaced will be measured and
'paid for as the cubic yards of gravel actually used in replacing such sur-
facing.
Special surfacing cut and replaced will be paid for at
the appropriate contract unit price as given in the Proposal. Contract unit
prices shall be inclusive of materials, placement, and all work incidental
thereto.
II -12 CROSSING LAWNS:
The following shall apply to all lines crossing lawns,
as designed on the plans. After settlement has occurred, the disturbed
areas shall be dressed out with three (3) to four (4) inches of top soil.
The dressed out areas shall then be seeded with the appropriate grass or
grass mixture.
If lawns,
bushes and
small trees
are likely to
be dam-
aged
by
the work, they shall
be taken
up ahead of
construction.
They shall
DS -8
be properly protected until such time that they can be r'e-set.
It is the intention of this specification that lawns
be restored as closely as possible to their original condition. The cost
of all work under this section shall be included in the appropriate unit
price for pipe and shall not be paid for separately.
II -13 TESTING AND STERILIZING WATER MAINS:
Water mains
shall be subject to 200
psi test as herein
specified.
All lines shall be
backfilled and concrete
backing installed at
points of
unbalanced pressure
prior to the initiation
of any pressure test.
Each valved section of the pipe lines as selected by the
Engineer for test shall be slowly filled with water. Before applying the
test pressure of 200 psi, all air shall be expelled from the pipe by blowing -
off at fire hydrants. If necessary to properly expel air prior to test,
Contractor will tap lines at high points with corporation stops.
Each section of pipe line to be tested shall be subjected
to 200 psi test pressure, based on the elevation of the lowest point in the
line or section of line under test and corrected to the elevation of the test
gauge. Duration of 200 psi test shall be for at least two (2) hours in all
cases.
Pressure shall be applied to the line by means of a pump,
pipe connections, and all other necessary apparatus for applying pressure and
measuring the resultant leakage from the line under test. All such apparatus
shall be furnished by the Contractor. All necessary taps will be made by
City forces at the expense of the Contractor. Pressure will be measured with
gauges as furnished by the Engineer.
While
the pipe
being tested is
under pressure, it shall
be walked to check for
leakage appearing at the
surface of the ground or
from any exposed valves
or other
appurtenances.
In conjunction with the 200 psi pressure test, a leakage
test shall be performed. Contractor shall provide necessary meter or pump-
ing reservoir or other satisfactory means of determining the amount of water
pumped into the line to sustain the specified test pressure of 200 psi.
Leakage shall be defined as the quantity of water that must be supplied into
the newly laid pipe, or any valved section thereof, to maintain the specified
leakage test pressure of 200 psi after the air in the pipe has been expelled
and the line filled with water.
Leakage shall be no more than that allowed by AWWA
specifications.
All pipe lines shall be checked for leaks and deficiencies,
repaired, and retested if necessary until they pass the above specified leak-
age test for the size and type of pipe installed.
Even
though pipe
lines may pass the
leakage test,
any leaks
apparent at the ground's
surface,
any leaking joints,
fittings, or
appurten-
DS-9
ances that are detected shall be repaired to the satisfaction of the Engineer.
All new water line extensions will be sterilized with
chlorine before being accepted by the Owner"and placed into service. Sodium
or calcium hypochlorite (HTH) or chlorine gas may be used in such amounts as
to provide a dosage of not less than 50 parts per million in the piping being
sterilized. The sterilizing agent may be introduced in any manner so
as to provide uniform distribution along the pipe line. All in -line valves
in water lines being sterilized shall be opened and closed several times
during the sterilizing period. Contractor will use extreme caution to be
certain that strong sterilizing agent is not flushed back into any part of the
water distribution in such a manner that it reaches water consumers. Following
a contact period of at least 24 hours the heavily chlorinated sterilizing
water shall be completely flushed from all pipes, and the pipes rinsed and
thoroughly flushed with large quantities of clear water. Samples shall be
taken from all water line extensions as directed by the Engineer and analyzed
for bacterial purity by the State Department of Health. The sterilizing
process shall be repeated as necessary until all samples indicate that the
water is safe and approved by the State Department of Health. Resterilization
of the water lines at' the Contractor's expense shall be required if State
Department of Health approval has not been received after three weeks of
testing.
water for all sterilizing and testing operations will be
furnished the Contractor by the Owner at no cost to the Contractor.
The cost of all sterilizing and testing operations including
pipe taps, sterilant, any temporary valves or caps, test pumping and equipment,
and all work incidental thereto will be included in the unit contract prices
for pipe, and no separate payment will be made for testing and sterilizing
water line extensions.
I1-14 CROSSING FENCES:
The installation of lines will necessitate crossing several fences
as shown on the Plans.
Fences will be repaired by the Contractor so as to be equal or
better than their original condition prior to construction: Before cutting
fences, adequate horizontal bracing will be installed in the fence on each
side of the cut so as to maintain the tension in the fence wire. Replacement
of fence shall be in a workmanlike manner, and wire shall be stretched tight
and adequately secured to posts by means of 1 inch fencing staples. If
necessary to accomplish proper closure, the Contractor shall furnish and
install new fencing, posts, wire, etc. to properly restore the fence. Mater-
ials shall be of equal quality and size to those as originally installed.
The Contractor shall be responsible for temporary fencing, gates,
gaps, etc., as necessary to maintain fences in a stockproof condition during
the construction of the pipe line until permanent fence repairs can be
accomplished. He shall take all necessary precautions and will assume full
responsibility to insure that livestock does not stray or gain entry to
cropped areas or to public roads.
The cost of fence repairs in all Schedules will be included in
DS -10
the unit contract prices for pipe, and no separate payment will be made
for crossing and repairing fences.
I1-15 INSTALLATION OF FIRE HYDRANTS:
Fire hydrants shall be properly located with respect to precertv
line and streets, and shall be set at proper elevation, truly plumbed
and properly oriented. Hydrants shall be set upon a slab of stone or
concrete four (4) inches thick and not less than fifteen (15) inches square.
Hydrants shall be backed with Class "B" concrete to prevent the hydrant from
blowing off the lead. Hydrants shall be set with at least three (3) cubic
feet of crushed stone or washed gravel at the base to serve as drainage.
Fire hydrant extensions shall be used as necessary to bring
fire hydrants up to grade.
Fire hydrants will be measured as the unit installed, at the
appropriate unit price as given in the Proposal.
The cost of all other work under this Section will be included in
the unit price for installation of fire hydrants and shall not be paid for
separately.
II -16 CONNECTION TO EXISTING WATER LINE:
Connection to the existing water line shall be made at the
location and in the manner shown on the Plans. When water service must
be discontinued to make a tie-in, the Contractor shall notify all affected
customers 24 hours in advance and estimate the time required to restore
service.
The cost of all work associated with tying -in shall be included
in the unit price for the installation of pipe and shall not be paid for
separately.
II -17 INSTALLATION OF VALVES:
All valves will be set with operating stems set in true vertical
positions. Valve boxes shall be adjusted so that the cover conforms to the
adjacent grade.
All costs incidental to the installation of valves shall be
included inthe contract unit price for valves.
II -18 CONCRETE:
All concrete shall be composed of the materials described in
Paragraphs 4,5,and 6, Part III, and shall be proportioned by weight in such
manner as to obtain a plastic workable mix. All concrete shall be Class "B"
as shown on the Plans.
Class "B" concrete shall contain not more than seven (7) gallons
of water to the sack of cement, including the water in the aggregates, and
not less than five (5) sacks of cement per cubic yard of concrete, and
DS -11
r.
•
have 3 twenty-eight (29) day compressive strength
hundre2 (2500) pounds per square inch.
Concrece snail be mixed -in an
less than one and one-half (lz) minutes after all
and shall be deposited within thirty (30) minutes
concrete will not be allowed.
of at beast twenty-five
approved ,,i xer ror no:
materials are in the drug
after mixing. Hand -mixed
In placing concrete, car' snail be taken chat the -res••
ly placed mass is so placed and vibrated that there is no tendency for the
coarse aggregate to segregate from the mortar.
Al? concrete shall be properly protected from too rapid
curing or from freezing while green.
The cost of all work in'this section shall be included
in the unit contract price for Class"S" concrete and shall not be paid for
separately.
II -19 CLEANING UP:
After the construction work is; completed, all refuse and
debris resulting from the work shall be cleaned up and disposed of to the
satisfaction of the Engineer. All excess excavation, waste concrete, piping,
lumber, other refuse shall be removed from the site of the work and the site
leveled, graded, and dressed up until it is neat, smooth, and workmanlike.
It shall be specifically understood that the clean up
e?er=_tion .shall be maintained as closely as possible to the pipe laying
operation. If, in the opinion of the Engineer, the clean up operation is
not being maintained satisfactori ly, he may interrupt the pipe laying oper-
aticn until such clean up is completed to his satisfaction..
• The cost of all work under this section shall be included
in the lump sum contract price and will not be paid for separately,
II -20 CLEARING:
Clearing operations will be required in the executic.-i of
various portions of the work.
Clearing shall be no more than actually required for
installation of the line. No indiscriminate destruction of trees will
tolerated. Within lawn areas, bushes and small trees will be taken up and
protected until construction is completed in the area. They shall then
be re -sec.
No open burning will be allowed. All trees and brush
will be hauled off to a disposal site approved by the Engineer.
The cost of all work under this section shallbe in-
cluded in the appropriate unit cost for pipe and shall not be paid for
DS -12
separately.
The Contractor, by personal inspection, should satisfy himself
on the exact amount of clearing that may be required.
DS -13
7
• I
Y
� •
o
Y
Y
DETAILED SPECIFICATIONS
PART III MATERIAL SPECIFICATIONS
III -1 GENERAL:
All materials shall be in compliance with the latest
revisions of the ASA or AWWA Specifications noted.
The Engineer
retains
the right to
reject any materials
or items not specifically
covered
in the Plans
or Specifications.
III -2 CAST IRON PIPE FOR WATER MAINS:
Pipe shall be designed in accordance with ASAA 21.1-1967
/AWWA HI -67 using 21,000 psi bursting tensile strength and 45,000 psi
modulus of rupture. Pipe shall be manufactured and tested in accordance
with USAS A 21.8 or A 21.6. Minimum standards given below shall apply.
NOMINAL PIPE THICKNESS WALL
SIZE ( in.) CLASS THICKNESS (in.)
6" 22 0.38
8" 22 0.41
Two and one quarter inch pipe shall be Class 250 and shall
have a wall thickness of 0.25 inch in accordance with ASA A21.12/AWWA C112.
Fittings shall be designed in accordance with ASA A 21.10-1971
/AIii9A C110-71. All fittings shall be Class 250 and shall be MJ. This
mechanical joint shall conform in all respects to ANSI A21.l1/AWWA C111.
All pipe and fittings shall be bituminous coated outside and
standard cement lining inside in accordance with AWWA C 104-74/ASA A21.4.
Pipe shall have Type II (push -on) joints, except that 6"
pipe for hydrant leads shall be MJ. Push -on joint and mechanical rubber
gaskets shall conform to ANSI A21.11-1972/AWWA C111-72.
III -3 RETAINER GLANDS:
Retainer glands shall be ductile iron.
III -4 CONCRETE AGGREGATES:
Fine aggregate shall consist of sand or other approved inert
material with similar characteristics, having hard, strong, durable particles
not more than one (1) percent by weight of clay lumps or three (3) percent by
weigth of material removed by decantation. Mortar specimens made with the
fine aggregate shall have a compressive strength at twenty eight (28) days of
not less than ninety (90) percent of the strength of similar specimens made
ith Ottawa sand having a fineness modulus of 2.40+0.10. Fine aggregate shall
have a fineness modulus of not less than 2.40 and not more than 3.00 and the
variation in modulus shall be limited to +0.20 from the average of all tests.
DS -14
Gradation shall, fall within the following requirements:
TOTAL PASSING
PERCENT
BY WEIGHT
No. 4 Sieve
95
- 100
No. 16 Sieve
35
- 75
No. 50 Sieve
10
- 25
No. 100 Sieve
2
- 8
Coarse aggregate shall consist of crushed stcne, gravel,
or other inert material of similar characteristics, having clean, hard,
strong, durable, uncoated particles with not more than five (5) percent by
weight of soft fragments, one-fourth(§) percent by weight of clay lumps,
and one (1) percent by weight of material removed by decantation, except
that when the material removed by decantation consists essentially of crusher
dirt the maximum amount permitted may be increased to one and one-half (1½)
percent by weight. Coarse aggregate may be either of two sizes, 1½ inch
and smaller or 3/4 inch and smaller, and shall be graded within the following
requirements:
PERCENT PASSING
BY WEIGHT
Maximum size mesh screen (sq. mesh) 97 - 100
Half -maximum size mesh screen (sq. mesh) 40 - 70
No. 4 Sieve 0 - 6
III -5 CEMENT:
Portland cement shall conform to the requirements of the
Standard Specifications for Portland Cement, ASTM Designation C 150, Type 1.
Masonry cement shall conform to the requirements of the Standard
Specifications for Masonry Cemetn, ASTM Designation C 91.
II1-6 WATER:
Water for mixing concrete shall be clean and free from injurious
amounts of oils, acids, alkalies, salt, organic matter, or other deleterious
substances. Test specimens of mortar made from the materials and the water
to be used shall develop not less than ninety-five (95) percent of the seven
(7) day tensile or compressive strength of the same materials and distilled
water.
111-7 GATE VALVES:
Gate valves shall be iron -bodied, bronze mounted, double disc
wedging gate valve designed for a working pressure of 200 psi and a test
pressure of 400 psi, and shall conform to specifications of the AW1JA. Valves
shall have O-ring seals and non -rising stems. Valve shall open left (counter-
clockwise) and shall have mechanical joint ends.
DS -15
c
Gate valves shall be similar or egd�al to the Mueller A-2330-20
or the Clow model with,-teflon anti-friction'srinq and shall conform to
AWTWA CSOO.
III -8 VALVE BOXES:
All buried gate valves shall be furnished with suitable
cast iron valve boxes. Boxes shall be two-piece, Buffalo type with 5Y"
shaft. Boxes shall be screw or telescoping type, complete with lid, and
of adequate length for the installation. Boxes shall be similar or equal
to Mueller H-10360.
III -9 FIRE HYDRANTS:
All fire hydrants shall be Improved AWWA type fire hydrants
with a 54" valve opening. Nozzle threads shall be National Standard.
Hydrants shall open "left" by means of a 1;J" pentagonal operating nut.
Hydrant shall be finished with red lead primer only.
Hydrants shall be furnished with 6 inch mechanical joint
inlets for cast iron pipe. Bury shall be 42 inches. Hydrants shall be
Mueller Improved Hydrant No. A-24015, or approved equal.
After installation fire hydrant barrels shall be painted
with paint containing reflectorized glass beads (3M Company #7216
paint, or approved equal).
III -10 GRAVEL FOR SUBGRADE AND GRAVEL STREET REPAIR:
Gravel for subgrade shall be SB-2 and shall conform to the
following specifications:
SIZE OF SIEVE
TOTAL RETAINED
1½"
0
1"
0
3/4"
10
to
50
#4
50
to
75
TOTAL PASSING
r40
10
to
30
r-,200
3
to
10
PERCENT BY WEIGHT
The fraction passing the x200 sieve shall not be greater
than two-thirds the fraction passing the #40 sieve. The fraction passing
the x40 sieve shall have a liquid limit not greater than twenty-five and
a plasticity index not greater than six.
DS -16
•
III -11 TAPPING VALVES:
Tapping valves shall be similar in construction to standard
AWWA gate valves and shall have NJ outlets for cast iron pipe.
III -12 TAPPING SLEEVES:
Tapping sleeves shall be MJ for cast iron pipe, similar or
equal to Mueller H-615. Tapping sleeves shall, with the use of suitable
gaskets, be good for AWWA Class "C" or "D" pipe, and with Class "B" pipe
in the 4 and 6 inch size.
1I1-13 ASBESTOS CEMENT PIPE:
Asbestos cement pipe and couplings shall conform in all
respects to AWWA C400-75 and shall be Class 200, Type II (sulfate resistant).
Asbestos cement pipe shall be installed as described in AWWA C 603.
A tract wire shall be installed along with the asbestos cement
pipe.
Fittings for use in connecting Asbestos cement pipe, with the
exception of couplings, shall be cast iron.
I1I-14 PLASTIC PIPE:
Two inch plastic pipe shall be 200 psi pressure rated and
shall have a 2/1 safety factor. Joints shall be the push -on type with
integral bell ends. Pipe shall be manufactured in accordance with AWWA
Specifications.
III -15 DUCTILE IRON PIPE FOR WATER MAINS:
Ductile
Iron Pipe shall conform
to the applicable dimensions
and weights
shown in
ANSI A21.51/AWWA C151-76.
Minimum standards given
below shall
apply:
NOMINAL
PIPE
THICKNESS
WALL
SIZE, INCHES
CLASS
THICKNESS (in.)
4
51
0.26
6
50
0.25
S
50
0.27
12
50
0.31
The acceptance valves for test speciments shall be as follows:
Minimum tensile strength
Minimum yield strength
Minimum elongation strength
60,000 psi
42,000 psi
10%
oS-'.7
I.
c.
a.
• Ductile iron pipe shall have single rubber -gasket push -on
type joints as described in ANSI A21.11/AWWA C111.72. The pipe shall
be bitiminous coated outside with standard cement lining inside in
accordance with AWWA C-104-74/ASA A21.4.
II1-16 FITTINGS:
Fittings shall be either Gray Iron (250 psi) or Ductile
Iron (350 psi) designed in accordance with ANSI/AWWA C110-77.
All fittings shall be mechanical joint conforming in all
respects to ANSI A21.11/AWWA C111. Fittings shall be bituminous coated
outside with standard cement lining inside in accordance with ASA A21.4/
AWWA C104-71.
Ductile iron retainer glands shall be used on fire hydrant
branch lines and vertical bends.
II1-17 ENCASEMENT PIPE:
All encasement pipe shall be steel pipe with 1/4" wall
thickness, the size of the encasement pipe shall be as indicated on the
Plans.
DS -18