HomeMy WebLinkAbout40-80 RESOLUTION•
RESOLUTION NO. 4o -SD
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE CONTRACTS WITH FRASER CONSTRUCTION COMPANY AND
SWEETSER CONSTRUCTION COMPANY FOR THE RELOCATION OF
WATER AND SEWER LINES ALONG U.S. HIGHWAY 71 AND PORTER
ROAD.
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 contracts with Fraser Construction
Company and Sweetser Construction Company for the relocation
of water and sewer lines along U.S. Highway 71 and Porter
Road. A copy of the contracts authorized for execution
hereby are attached hereto, marked Exhibits "A" and "B" and
made a part hereof.
PASSED AND APPROVED this Le — day of
CITY'.CLERK
APPROVED:
, 1980.
MICROFILMED
CERTIFICATE OF RECORD
State of Arkansas
City of Fayetteville
SS
1, Bonnie Goering, City Clerk and Ex -Officio
recorder for the City of Fayetteville, do here-
by certify that the annexed or foregoing is
of record i:t my office and the same ap-
pears in Ordinance f.4 Resolution book
hast page— Witness my
cj sc 1 this
L 1 -----C4— =—day of
]9 GP
Ci
4
SPECIFICATIONS
FOR
HWY 71 BYPASS & PORTER RD INTERCHANGE - SEWER RELOCATION
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WORK ORDER # 2633
MARCH 1980
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSk
CITY ENGINEERS' OFFIC.'
5 cs—'7o
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INDEX
ADVERTISEMENT FOR BIDS
BID BOND
PROPOSAL FOR SCHEDULE I
ARKANSAS PERFORMANCE AND PAYMENT BOND
CONTRACT AGREEMENT
INSTRUCTIONS TO BIDDERS
GENERAL CONDITIONS OF THE SPECIFICATIONS
DETAILED SPECIFICATIONS PART I CONTRACT STIPULATIONS
DETAILED SPECIFICATIONS PART II CONSTRUCTION SPECIFICATIONS
DETAILED SPECIFICATIONS PART III MATERIALS
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PAGE N^.
PAGE NO.
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33
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UNITED STATES FIDELV-`�: ARANTY COMPANY
We
o,
_;ae t
(A Stec Company)
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
Jerry D. Sweetser, Inc.r FaxettevilleA AR
as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a
corporation organized and existing under the laws of the State of Maryland and authorized to do business in the
State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto pity of
as Obligee, hereinafter called Owner, in +he amount of....hlitte,...T.b.Q.U.Santh.sQfe...buxu zad....t fl ty...
.S.eL..eXl...1 IQp L,�.�27 ...4Fl, 5....r5.Q.l:�,.Q.Q.r.n..e..a.A.r..r..r..r.
Dollars jb..../..6..[..r.Q..........), for the payment whereof Principal and Surety bind themselves, their heirs,
personal representatives, successors and assigns, jointly and severally, firmly by these presents.
Principal has by written agreement dated May 20, 198 entered into a contract
withOwnerfor furnishing all labor and material for the construction of
Highway 71 Bypass &Porter Road Interchange sewer relocation for the
City of Fayetteville, AR in accordance with plans and specifications
prepared by City Engineer.
, which contract h by reference made a part hereof, and h
hereinafter referred to as the Contract.
THE CONDITION OF THIS OBLIGATION is such that 0 the Principal shall faithfully perform the
Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he
may suffer by reason of failure so to do and shall fully reimburse and repay +he Owner all outlay and expense
which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons
all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons
shall have a direct right of action against the Principal and Surety, jointly and severally, under' this obligation,
subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force
and effect.
No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action
or proceeding shall be brought on This bond except by the Owner after six months from the date final payment
is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years
from the date on which the final payment under the Contract falls due.
Any alterations which may be made in the terms of the Contract, or in the work to be done under it,
or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance
on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the
Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their
liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being
hereby waived.
In no event shall the aggregate liability of +he Surety exceed the sum set out herein.
Executed on this 29th day of May 19 80
etarys,
. .�%�-
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J:.r..Y 1..
U
By
rescie
STATES FI
cipal
ELITY AND GUARANTY COMPANY,
Surety
—,1
AttoTh n-fccf'
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By. ..
Neil Danner
icca
tc
Czal
Contract 158 (Arkansas) (1047)
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COPY OF RESOLUTION
1
That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland.
Therefore, lie it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice.
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal. to appoint any person or persona
as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act. to execute and deliver any and all con•
tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings. required or permitted in all actions or proceedings, or
by law allowed, and
Also, in its name and as its attorney or attorneys•in-fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by Lw,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board,
body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given,
tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest,
municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing
of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or
anything in the nature of either of the same.
I, David M. Engler , an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is • fall, true and correct copy of the original power of attorney given
by said Company to
Neil Danner
of Fayetteville, Arkansas , authorizing and empowering hits to sign bonds as therein set
forth, which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directon of said Company, duly called and held at the office of the Company in the City of Baltimore, on the lith day of
July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said
resolution, and the whole thereof as recorded in the minutes of said meeting.
In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY -on
(Date) May 20, 1980
Assistant Secretary.
tE-
ADVERTISEMENT FOR BIDS
Project No. W.O
2633
City of Fayetteville, Arkansas
(Owner)
Separate sealed bids for Hwy 71 Bypass & Porter Rd Interchange -
Sewer Relocation will be received by Sturman Mackey
at the office of Purchasing and Budgeting
until 10.00 o'clock (A.M.-RRA g' S.T. D.S.T.) April 15
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 fol -lowing:
City Engineer's Office, City Administration Building,
109 West Mountain Street, Fayetteville, Arkansas
Copies may be obtained at the office of
City Engineer
located at City Admininstration Bldg. upon payment of $ 10.00
for each set.
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)
1
Sturman Mackey, Purchasing & d ge
ting Officer
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BID BOND
KNOW ALL MEN 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 Principal
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 Bid; and said Surety does hereby waive notice of any such
extension.
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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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PROPOSAL FOR SCHEDULE I
(A UNIT PRICE CONTRACT)
Place
Date
1i9 7etre vi IIP P,
Proposal of e .Q D Sw P P S ,e e
a corporation* organized and existing under the laws of the State of
, and qualified to do business in the State of Arkansas;
a Partnership* consisting of -
an Individual* trading as
TO THE CITY OF FAYETTEVIT.T.F, ARKANSAS:
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The bidder in compliance with your invitation for bids for the
construction of Hwy 71 Bypass & Porter Rd Interchange - Sewer 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 20 consecutive calendar days.
Bidder acknowledges receipt of the following addenda:
* Fill out applicable blank
4
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MIE
ITEM
NO.
ESTIMATED QUANTITY
AND DESCRIPTION
*(1) 485 L.F.'of 10" D.I.P. Class 50
(2) 130 Tons SB2
UNIT**
PRICE
Q/J TOTAL
didozfrt
Dolla
Ou /LC 57J s S/ Ye)
o.
(3) 4 C.Y. Class A Concrete
Dollars
s /d"O d $ /3040,6
$ g•c/D $ 3 a,Ud
9%.ce>, JS •
TOTAL $
ottaAL iZ;M te.,„S)
y`40414:11
:r l Zo
1-.
- �'- V
tot
*NOTE: Fittings, bedding SB -2, and solid rock excavation shall ail je�fluined
in the unit price of pipe. E.= "':1- =.
**Unit prices to be shown in words and figures. In case o61disc2epan�cey/amount
shown in words will govern. �'�yt)i i1:..13% �� '
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** Unit prices to be shown in words and figures.
shown in words will govern.
The above unit prices shall
overhead, profit, insurance, etc
kinds called for.
In case of discrepancy amount
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 t Geral Conditions.
The bid security attached in the sum of Sp
is to become the property of the Owner in th�even 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:
E tY D , set"ed
By
SEAL - -if bid is by a corporation
p 86)7),?
1;49'er-re✓1/I(
(Busine s Address and zip ode)
6
Am-
77 7o)
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ARKANSAS PERFORMANCE AND PAYMENT BOND
(14-604 Arkansas Statutes)
KNOW ALL MEN 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, daCed 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 -Eurety` 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
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, a Partnership, or an individual, as case may be
(3) Correct name of Surety
(4) Correct name of Owner
(5) If Contractor is Partnership, all partners shall execute bond
(6) 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 -
(7) Must be executed by Arkansas Local Resident Agency for Surety
•
• CONTRACT AGREEMENT
1. This Contract and Agreement, made and entered into this
20th day of May , 19 80, by and between the City of
Fayetteville, Arkansas, Party of the First Part, acting through its'
duly authorized representative, and Jerry D. Sweetser, 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
Bypass and Porter Road Sewer Relocation for the City of Fayetteville,
Arkansas, in exact accordance 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 hereof as fully
as though copied herein, under the direct supervision and to the entire
satisfaction of the Party of the First Part and in accordance with the
laws of the State of Arkansas.
2. It is further agreed and understood by and between the parties
hereunto that the Party of the First Part agrees to pay and the Party of
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
nature of apenalty, 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
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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 bythese Specifications.
0
WITNESS OUR HANDS THIS ,7S -ri-'‘ DAY OF
AP 42,
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CITY OF FAYETTEVILLE
,FAYETTEVILL RKANSAS
By
)tar
WITNESS:
,a/ea/ cc 77
�. BUSINESS ADDRESS
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Or or
Affix; Corporate Se a+Lll 2(if any)
11
7c2 70 /
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EIMME
INSTRUCTIONS TO BIDDERS
1. 9UALIFICATIONS 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.
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Checks of unsuccessful bidders will be returned immediately after
• a contract has been executed.
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 lump 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" required 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 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.
(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.
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(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
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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.
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10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS: '
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. TIME OF COMPLETION AND L19UIDATED 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 20
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 laws,
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 job 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.
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GENERAL CONDITIONS OF THE SPECIFICATIONS
1. GENERAL DESCRIPTION:
The work embraced in these Contract Documents consists of
the following:
Constructing approximately 485 feet of 10" D.I.P. sewer main
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, Fayetteville,
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.
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The Contract Documents are 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.
S. 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. TFIE 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.
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7. T1TE ENGINEER:
The Contracting Authority contemplates and the Contractor shall
permit and make possible a thorough inspection by the Engineer of all work
and materials furnished under the Contract Documents. The Contractor shall
perform the work to the satisfaction of the Engineer. No work shall be
performed by the Contractor without the knowledge and 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
Authority and 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 the Contractor 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.
W
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 shall
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 $ 300,000 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 Documents
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.
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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 no 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
previously overlooked and estimated for payment.
12. WORYMANSHIP 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 as 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 ALIGNMENT:
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 CLAIMS:
The Contractor shall adequately protect the work, the Contracting
Authority's property, adjacent property and the public from injury, damage
or loss arising in connection with the contract or the work.
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The Contractor shall provide and maintain all passageways, guard
fences, lights 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 or 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 CONTRACTS:
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.
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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. SUSPENSION OF WORK:
The Contracting Authority may at any time suspend the work or any
part thereof by giving 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. 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. 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 pre;udice 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.
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Pending settlement of
the Engineer may 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. TERMINATION 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. PAYMENTS 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 EXTENSIONS OF TIME:
If, at any time, the Contractor considers he is being delayed
by an act or neglect of the Contracting Authority or its employees, or
by any other Contractor employed by the Contracting Authority, or by any
changes or additions ordered in the work, or for any reason beyond his control,
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he hall within ten (10) days from the beginning of such delay notify the
Engineer in writing of the causes of any such delay. Extensions of time,
with relief from responsibility for liquidated damages incurred by the
Contracting Authority on 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, he shall complete all other work within the specified construction
period.
Extensions of time, without relief from responsibility for liqui-
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, OMITTED, 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.
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,
N1
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 oppor-
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 be 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 mail to the last known address of each, of the time and
place for the beginning of the hearing of the matters submitted to them.
25
Each party may submit to the arbitrators such evidence and arguments as he
may desire and the arbitrators may consider pertinent. The arbitrators
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 ground 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 acknowledged 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 tc
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 for 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 objection on
account of the form of the nroceedinas or the award, unless otherwise
provided by 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.
26
. ,
26. 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
him 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 liens 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.
27 _
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 of all claims 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.
28
When the above grounds are 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
29
a
personnel from requiring reasonable safety standards, if, in the
course of their technical supervision, it comes to the attention of
the Engineer that reasonable safety standards are not being carried
out.
30
:
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:
Furnish all labor and materials required to be furnished to
construct the 10" D.I.P. sewer main.
I-3 LIST OF PLANS:
The
Plans
are
bound separate from
the specifications
and are
generally
titled
Hwy
71
Bypass & Porter Rd
Interchange - Sewer
Relocation
SHEET NO.
Vicinity Nap 1
Sewer location for 2
Sewer Details 3:
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.
31
vT'
I-5 STAKING OUT WORK:
The Engineer for each Schedule will furnish labor to act
as rodmen, chainmen, 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 the submission of the Proposal by the Contractor for the work
constitutes his compliance with this requirement.
32
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.
11-2 EXCAVATION - GENERAL:
All excavation shall be carried accurately to the line and
grade shown on the Plans and/or 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 the 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 - TRENCH FOR SEWER LINES:
All excavation for sewer lines shall be carried accurately to line
and grade. The bottom must be flat and smooth to receive pipe to provide
support for full length of pipe, except for bell holes. Any or all undercut
must be filled to a smooth grade with SB-2 compacted in place.
Shoring shall be installed as required to protect laborers or ad-
jacent property. Shoring must remain in place until ditch is backfilled
to a point to relieve danger which required shoring. The Contractor is
to leave shoring in place as directed by the Engineer.
Trenches for the sanitary sewer must be excavated to the depth,
line and grade as set by the Engineer, wide enough to properly install
pipe, but not to exceed diameter of pipe plus two (2) feet.
Except where special bedding is required and except as specified
herein, rough excavation for sewer and drains shall not be carried lower
than a distance equal to 1/10 of the nominal pipe diameter or two inches,
whichever is the greater, above the specified trench grade elevation,
33
and the retnainder of the excavation shall be done by the pipe Payer
immediately prior to installing the pipe, using the final excavation to
firm up on each side of the pipe previously laid. The bottom of the
trench shall be generally shaped to fit the outside surface of the pipe
in such a manner that the pipe will be in continuous contact with and
have a longitudinal bearing on soil for the full length of the pipe
except for such distance as it is necessary for bell holes and the proper
sealing of the pipe joints. The pipe subgrade shall be accurately
graded prior to excavating bell holes. The accuracy of the finished
grade of the pipe shall be obtained in preparation of the subgrade. A
bell hole for each joint shall be excavated by the pipe laver immediately
prior to placing the pipe in the trench. Bell holes shall be of such
depth that the pipe bell will not come in contact with the bottom of the
bell hole. All trenches shall be so graded that the spigot end of the
pipe will be accurately centered in the adjacent pipe bell when laid,
without raising or lowering the pipe after installation in the trench.
If the soil at the bottom of the trench is mucky or in such
condition that it cannot be properly shaped and graded, or if the sub -
grade material is too soft to properly support the pipe, the Contractor
shall excavate below the normal subgrade elevation as directed by the
Engineer. Wherever excavation is carried below the specified subgrade,
at the direction of the Engineer, the Contractor shall provide and install
a fill of gravel thoroughly tamped into place up to an elevation sufficient
to prepare the subgrade as specified in the preceding paragraph.
Where water occurs in trenches, they shall be excavated to a
depth of approximately four (4) inches below grade and backfilled with
SB-2 to a point approximately 1/10 of the internal pipe diameter or two
inches, whichever is the greater, below grade. Pumps shall then be kept
operating, taking suction out of a sump below the gravel so as to hold
the water level well below the bottoms of all bells until the joints have
been placed and allowed to set sufficiently so that water will not injure
them.
Where rock or other hard material occurs in the trench at the
planned grade of the bottom of the pipe in such way that any portion of
the pipe would rest on rock or hard material or where in the opinion of
the Engineer it is necessary, all rock shall be removed to provide a
clearance of at least 6 inches below and on each side of all pipe, valves,
and fittings for pipe sizes 24 inches or smaller and 9 inches for pipe
sizes 30 inches and larger. The trench shall then be refilled with gravel,
thoroughly compacted to a point approximately 1/10 the nominal pipe diameter,
or two inches, whichever is the greater, above grade and the bottom of the
trench shall be graded as previously specified.
The Contractor will be required to keep the sides of the
excavation vertical, unless otherwise directed by the Engineer.
Payment for.SB-2 Used as Subgrade:
When SB-2
must
be
used
as backfill
material, the
width of
trench
for payment
will
be
24".
An average
depth will be
measured
from
•
• bottom of pipe to top of fill; length of fill will be as directed by
the Engineer. The volume occupied by the pipe will be subtracted from
the toal volume of the ditch filled with SB-2. No payment will be
made for SB-2 used as bedding.
Excavation for manholes and other accessories shall be sufficient
to leave at least twelve (12) inches in the clear between their outer
surfaces and the embankment or -timber which may be used to protect them.
The excavation of trenches shall not advance more than four
hundred (400) feet ahead of the completed pipe work and backfill, except
by permission of the Engineer.
II -4 EXCAVATION - CLASSIFICATION AND PAYMENT:
All excavation shall be classed as common excavation.
The cost of common excavation is included in the unit prices
for handling and installation of sewer pipe at the various depths.
II -5 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 operations involving the procurement, handling, use, and
qe of explosives shall be in full compliance with applicable
ederal statutes and regulations.
Blasting will be done only after securing written permission
from the City Engineers' office. Proof of blasting insurance will be
required before written permission is given the Contractor.
'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 laying sewer pipe and will not be paid for
separately.
I1-6 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.
35
.
Trenches shall be backfilled with fine, loose earth free from
clods or stones larger than two (2) 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 carefully 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
property shall be filled and refilled as necessary to provide a smooth,
well graded appearance.
All backfill shall be settled and consolidated until further
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 occuring
shall refill them often enough to avoid hazardous conditions or inconven-
ience.
All excavated material which is unsuitable, or not needed for
backfill shall be wasted or disposed of to the satisfaction of the
Engineer. 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 and
temporarily'repaved with cold mix asphalt. The roadway or driveway
shall then be replaced as called for elsewhere in these specifications.
The attention of the Contractor is called to a separate Section
in these Specifications concerning crossing lawns.
SB-2 shall be measured and paid for 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.
36 -- .'
The low pressure air test shall be conducted by plugging each
opening in the reach of pipe to be tested. All plugs shall be braced
against slippage due to internal pressure. One of the plugs provided
must have an inlet tap or other provision for, connecting an air hose.
After the air control equipment is connected to the air hose, the air
pressure shall be monitored so that the internal pressure does not ex-
ceed 5.0 psig. After reaching 4.0 psig, the air supply shall be throttled
to maintain between 4.0 and 3.5 psig for at least two minutes in order
to allow equilibrium between air temperature and the pipe walls.
During this time, all plugs shall be checked to detect any leakage. If
plugs are found to leak, the air shall be bled off, the plugs tightened,
and air supplied again. After the temperature has stabilized, the
pressure should be allowed to decrease from 3.5 psig to 2.5 psig. If
the time required for the pressure drop is greater than that shown in
the table below, the pipe shall be presumed free of defects.
PIPE SIZE MINIMUM TIME (MINUTES)
6
Inch
3.0
8
Inch
4.0
10
Inch
5.0
12
Inch
5.5
15
Inch
7.5
18
Inch
8.5
21
Inch
10.0
24
Inch
11.5
30
Inch
14.5
If by use of the above procedure a faulty section of line is
found, that section of line shall be tested at 20 foot intervals to
determine the exact location of the leakage.
If a section of piping is found to be leaking the exact source
of the leak shall be determined, a repair made, and the entire section
re -tested.
'The Contractor shall make the necessary arrangements and pro-
vide necessary pipe plugs and equipment required for testing.
All sewer pipe as shown on the Plans will be measured and
for as pipe. The quantity of sewer pipe shall be determined by
measurement along the top of the pipe as laid from center -to -center of
manholes. Depth of pipe will be measured from flow line of pipe to
existing ground elevation.
II -8 CROSSING AND PARALLELING EXISTING UTILITY LINES:
In some instances the pipe will be installed under, alongside and
over existing utility services. Much of the time these will be difficult
to locate, and in some instances impractical to locate. The Contractor
shall be responsible for locating and protecting such services. The
37
various utility owners: City (Water and Sewer), Warner Cable (Cable),
Swepco (Electrical Power Lines), Arkansas Western Gas Company (Natural
Gas Lines), Southwestern Bell (Telephone Company) will cooperate with
the contractor in helping locate the underground services, and must be
notified before construction proceeds in the vicinity of utility lines.
Where the Contractor cannot make adequate repairs, the various utilities
will make repairs to all services, and such costs will be charged to
the Contractor. The Contractor shall make arrangements for this service
with the various utilities either before the bid is presented or before
construction starts.
Although not anticipated, septic tank disposal fields and
related piping may be damaged during construction. if so, the Contractor
shall make the repairs necessary to put the septic tank system into
operation.
Where the plans show a portion of the line to be laid adjacent to
power lines, it shall be the responsibility of the Contractor to make any
arrangements with the power company for "tying off" poles. It also
shall be the responsibility of the Contractor to take whatever steps are
necessary to provide for the safety of the workmen and equipment when
working in the vicinity of these power lines.
II -9 MANHOLES:
The construction of manholes shall follow closely the progress of
pipe laying. If at any time pipe is laid as much as 1500 linear feet
ahead of completed manhole construction, then pipe laying shall be
discontinued.
Manholes shall be constructed in accordance with the details
shown on the drawings. Manhole bottoms shall be of concrete poured to
dimensions and grade indicated.
1. Base. •The concrete base shall have a minimum thickness of 12
inches and shall be poured on undisturbed earth. The base shall
be poured so that the top of the base is a minimum of 2 inches and
a maximum of 4 inches below the lowest pipe inside the manhole.
except when lowest pipe can be laid continuously through the man-
hole, the base may be poured to a point 2 inches below the center-
line of the pipe, providing this point is not above the invert of
other pipes entering the manhole. The base shall have a minimum
diameter of 8 inches greater than the outside diameter of the
finished manhole barrel.
2. Invert. The invert of the manhole shall be hand placed and shaped
using a grout mixture consisting of two parts masonry sand and one
part Portland cement. The base and barrel of the manhole shall be
thoroughly cleaned prior to placement of the invert. The invert
shall be shaped and smoothed so that the manhole will be self-
cleaning and free of areas where solids may be deposited as sewage
flows through the manhole. In all cases, except where the sewer
pipe can be laid continuously through the manhole, the entire
38
diameter of each pipe entering the manhole barrel shall be cut
smooth with the inside edge of the manhole barrel and the invert
shaped throughout from all inlet pipes to the outlet pipe.
3. Manhole Barrel. The barrel forms may be set as soon as the con-
crete base has cured enough to support the forms. The manhole
barrel shall be of such construction that the finished manhole
will have an inside diameter of 4 feet 0 inches, plus or minus
one-half inch. Concrete used to pour the manhole barrel shall
be 3,000 pound per square inch test with a slump of approximately
4 inches.
Before the forms are set in -place, any water that may have
accumulated in the excavated area shall be pumped out and, if
required, the concrete base throughly cleaned of dirt and debris.
Before pouring of the concrete begins a two inch layer of grout
mixture, as set out under "Invert" above, shall be placed in the
bottom of the forms.
The forms shall be removed after the initial set of the concrete
so that holes may be cut in the manhole barrel for the installation
of pipes that are to enter the manhole at points other than adjacent
to the manhole base. After these pipes have been put in place,
the barrel shall be repaired using a grout mixture as set out under
"Invert" above. If honeycombing of the barrel is found to be pre-
sent after removal of the forms, they shall be repaired as directed
by the Engineer.
The top of the poured manhole shall be left at such an elevation
so that two rings of standard bricks are required to bring the man-
hole ring to the finished elevation. A three inch wide by two
inch deep keyway shall be left in the top of the poured manhole to
hold the mortar for the first ring of bricks.
4. Curing.' Curing compounds or covers may or may not be used at the
option of the Contractor. However, it will be the responsibility
of the Contractor to protect the concrete to prevent cracking
during the curing process and to protect the manhole during freezing
temperatures. The Engineer shall, at his discretion, prohibit
pouring concrete during the periods of extreme cold or inclement
weather.
5. Backfilling. The manhole shall not be backfilled less than 12
hours after the forms have been removed. Extra care shall be taken
to compact all backfill to the top of the highest pipe entering
the manhole.
6. Payment. Manholes will be measured by the distance between the
39
outlet invert
of
the manhole
and the top
of the manhole ric
Manholes will
be
measured and
paid for
at the appropriate c
unit price as given in the Proposal. Unit prices for manholes
shall include materials, excavation, masonry work, and all work
incidental thereto.
II -10 CONNECTION TO EXISTING MANHOLES:
Where required on the Plans to connect to an existing manhole,
and where no stub exists in such manholes, an opening shall be cut in the
wall of the existing manhole of sufficient size to permit the proper
installation of the new pipe at the designated line and grade. After new
pipe has been installed, extending entirely through the wall of the manhole,
the opening around the new pipe shall be refilled with concrete, or brick and
concrete, and properly plastered inside and outside with mortar so that no
leakage can occur. Bottoms of existing manholes shall be trenched out and
refinished to the proper invert as previously specified.
The cost of all work done under this section shall be included
in the Contract unit price for pipe and shall not 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, except that asphalt streets and highways shall be replaced with
concrete as shown on the miscellaneous details sheet in the Plans.
Backfill of trench lying within roadways shall be in strict
accordance with the applicable provisions as stated in Section II of these
Specifications. The condition of the backfill, with special regard to the degree
of compaction, shall be checked 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, suspend the pipe laying operation until the replacement of sur-
facing proceeds in a satisfactory manner.
Immediately prior to replacing asphalt or concrete pavement 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 concrete
pavement cut and replaced will be determined by the horizontal length of
pavement actually cut and replaced measured along the centerline of the trench
40
multiplied by a width of thirty-six (36) ihches, 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 quantity 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
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.
The Contractor will be responsible for maintaining flagmen
while working within or near city streets. In the event a closed street
is required, the Contractor shall carefully mark a detour route. The
Contractor will be responsible for providing and maintaining barricades,
warning lights, signs, washing equipment, labor, and every other item re-
quired to maintain roadways safe and comfortable to travel and reduce the
inconvenience and discomfort of adjacent residents as much as possible.
It will also be the Contractor's responsibility to replace signs,
mailboxes, posts, retainer walls, and other obstructions which were removed
by him during construction of this project.
Gravel surfacing cut and replaced will be measured and paid for
as the cubic yards of gravel actually used in replacing such surfacing.
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 LAtNS:
The following shall apply to all lines crossing lawns, as desig-
nated on the Plans. After settlement has occurred, the disturbed area shall
be dressed out with three (3) inches of top soil and hand raked. The dressed
out areas shall then be seeded or sprigged with the appropriate grass or grass
mixture, as directed by the Engineer.
If lawns, bushes and small trees are likely to be damaged by
the work, they shall be taken up ahead of construction. They shall be
properly protected until such time as they can be reset.
It is the intention of this Specification that lawn areas be
restored as closely as possible to their original condition. The cost
of all work under this section shall be included in the appropriate Contract
41 __
unit price for pipe, and shall not be paid for separately.
II -13 CROSSING FENCES:
The installation of lines may necessitate crossing several
fences as shown on the Plans.
Prior to clearing the right of way, the Contractor shall
install a braced post assembly on each side of the right of way so that
when the fence is cut, the tension on the fence is not reduced. He
shall then construct temporary gates so as to maintain livestock in the
original pasture during construction.
After all construction, including cleanup, is complete, the
fences shall be rebuilt to equal or better than original condition, using
new posts and wire. The wire used in rebuilding of the openings shall be
of the same general type as the existing fences. Posts shall be pressure -
treated pine, having a minimum top diameter of 4 inches.
Where removal, replacement, or repair, of chain link fences
is required, the Contractor shall retain a professional fence company
to perform the work. The cost of all work done under this Section will be
included in the Contract unit prices and none will be paid for separately.
1I-14 GARDEN CROSSINGS:
In the event of a garden crossing extreme care will be taken
to damage as little of the garden as is possible. After completion of
the pipe laying operation within the garden area the garden shall be dressed
with a minimum of 12 inches of topsoil and hand raked smooth.
I1-15 CONCRETE:
All concrete shall be composed of the materials described
in paragraphs 5, 6, and 7, Part III, and shall be proportioned by weight
in such manner as to obtain a plastic workable mix. All concrete shall
have a 28 day compressive strength of 3000 PSE and a slump of approximately
4 inches.
In placing concrete, care shall be taken that the freshly
placed mass is so placed and vibrated that there is no tendency for the
coarse aggregate to segregate from the mortar.
All 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 sepa-
rately.
42
S.
,.
II -1G 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, and 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
operation 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 satisfactorily, he may suspend the pipe laying
operation until such clean up is completed to his satisfaction.
The
cost of all
work under this
section
shall be included
in the appropriate
unit price
and will not be
paid for
separately.
II -17 HIGHWAY CROSSINGS (STATE OR U.S.):
The plans show the location of lines where crossings of
highways are required.
The crossings shall be accomplished by boring and the
insertion of an encasement pipe of the length, type and size as shown at
each location on the plans. In the event rock conditions prohibit boring
of the road crossing, the Contractor shall contactChighway department
officials and point out to them that an attempt has been made to bore the
crossing and secure permission to make an open cut. Unless an open cut
is made, the trench shall not be opened closer than 10 feet from the edge
of the driving surface.
If an open cut is required, then the following procedure
shall be followed:
The highway must be kept open to traffic at all times.
Consequently, the Contractor will be required to complete the crossing
in two stages, keeping at least one-half of the roadway open at all times.
The crossing shall be made in the following manner. The
pavement shall be removed the minimum width required for installation of
the encasing pipe. All pavement cuts shall be made to line with the use of an
air spade, line drilling, sawing or such other equipment as is required
to form a true line for removal and replacement.
The Contractor shall then excavate the
earth from the site and install the encasement pipe.
then be made by using Arkansas State Highway Departm
compacting to a minimum of 95% of maximum A.A.S.H.O.
shall be made according to the latest specifications
backfill shall be brought to the top of the subgrade
trench, remove all
The backfill shall
ant SE -2 aggregate,
density. Tests
of A.A.S.H.O. The
in the above manner.
43 mm
The pavement and base shall then be removed for a distance of 18 inches
from each side of the trench. The Contractor shall then replace the base
with 8 inches of -reinforced concrete pavement using high early strength
cement. The concrete shall have a 28 -day strength of 3,500 pounds per
square inch. Steel reinforcing shall consist of No. 6 rods placed on 12
inch centers both ways.
If the original payement is concrete, the concrete base
as set out above shall be constructed flush with the top of the existing
pavement which will require a total concrete thickness of 12 inches
rather than 8 inches as shown.
The finished grade of the driving surface shall be uniform
with the existing adjacent driving surface. A finished top grade tolerance
of plus or minus 1/4 inch will be allowed. The tolerance will be measured
by use of a 16 foot straight edge placed parallel to the roadway centerline.
The plans show repair detail as set out above.
The shoulders of the highway which have been disturbed shall
be backfilled with SB-2, thoroughly compacted, and the surface shall be
replaced to equal or better than the original condition.
It should be noted that it is the responsibility of the
Contractor to provide sufficient flagmen, signs, barricades, lights and
other items required to insure complete safety of the public and the work-
men at all times.
Since the return of the deposit required by the Arkansas
Highway Department (the cost of which will be borne by the Owner) depends
upon returning the roadbed to its original or better condition, the
Contractor will be required to complete this item of construction to the
satisfaction of the Highway Department.
II -18. EXCEPTIONS TO CONSTRUCTION SPECIFICATIONS WHEN LAYING 4"
C.I.S.P. SERVICE LINES
All of the provisions for laying sewer pipe, as outlined
elsewhere in these specifications shall hold true when laying service lines
with the exception of the following:
1. A hand level may be used to establish grade.
2. All 4" C.I.S.P. in place shall be inspected prior to backfill.
II -19 ADDITIONS TO CONSTRUCTION SPECIFICATIONS WHEN LAYING 4"
C.I.S.P. SERVICE LINES:
1. The minimum grade to be used when laying service lines shall be
¼"/ft. unless otherwise directed by the engineer.
2. No bends shall be used anywhere on service lines unless specifically
directed by the engineer.
44
1 a
3. Tapping saddles in place shall be inspected prior to installation
of service lines to determine that the saddle is properly aligned over the
drilled hole in the sewer main.
4. All holes in V.C.P. sewer mains for service connections shall be
drilled with a 4.5" O.D. to 4.8" O.D. drill bit suitably powered, driven,
and designed for tapping sanitary sewers.
5. Holes in D.I. sewer mains for service connections shall be drilled
as outlined in Item n4 or may be drilled out as follows:
a. The tapping saddle shall be placed on the main and the inside
circle of the tee off shall be marked with chalk.
b. The tapping saddle shall then be removed and the outline of
the service hole shall be hand drilled with 1/4" diameter or
smaller drill bits.
C. The metal saucer removed from the pipe must not be allowed
to fall into the sewer and proof that it is not in the sewer
must be shown the inspector.
d. Once the rough outline of the service hole has been cut out, a
suitable saw must be used to cut a smooth circular hole out of
the sewer main of the correct size for the tap.
e. The tapping saddle may then be installed and inspected.
6. No taps shall be made in manholes unless specifically directed by
the engineer. In the event taps are allowed in manholes they shall be
paid for at the unit price given in the proposal for bid item # 24.
7. 4" C.I.S.P. service lines shall be installed to the property lines
of the individual owners of the tap, unless otherwise directed by the engineer,
and at that point the contractor shall reconnect to whatever type of service
line is encountered as shown on the standard details sheet of the plans.
8. No sewer service shall be deemed necessary to reconnect until it has
been smoked by the Water and Sewer Department to determine which house it
serves,, unless otherwise directed by the engineer.
9. It shall be the contractors responsibility to locate all sewer
services which must be reconnected to the new sewer mains.
45
DETAILED SPECIFICATIONS ,
PART III - MATERIALS
III -1 GENERAL:
The work to be done under this contract as shown on the
Plans and provided for in the Specifications includes the furnishing of all
equipment, labor, tools, supplies, and materials required for the construction
of a sewer collection system and related work as provided for in the Proposal.
III -2 VITRIFIED CLAY SEWER PIPE:
Vitrified clay pipe used in this contract shall conform to
ASTM C -200-65T, "extra strength clay pipe".
All pipe shall be subject to tests as prescribed in Section II -7.
Pipe joints shall have factory -applied joints or coupling on the
spigot and bell ends of the pipe meeting A.S.T.M. designation C425 or latest
revision, and compounded of a high quality polyurethane elastomer applied
to the pipe and properly manufactured to a desired hardness and compressi-
bility to form a tight compression joint.
The resilient polyurethane should have the following
physical characteristics:
1. A minimum tear strength of 50 psi (A.S.T.M. D624).
2. Percent elongation of not less then 80 percent and shall return to
original volume and shape upon release of elongating force
(A.S.T.M. D412).
3. A compression set value of less than 5 percent (A.S.T.M. D395A).
4. A minimum resistance to deflection of 165 psi at 10 percent
deflection.
5. A minimum (Shore "A" durometer) hardness of 70 from a temperature
range of 20 degrees to 100 degrees F.
III -3 MANHOLE CASTINGS:
All castings shall be made of clean, even grain, tough gray cast
iron. The castings shall be smooth, true to pattern and free from pro-
jections, sand holes, warp and other defects which would interfere with
use of, or impair the serviceability of the castings.
Circular manhole rings and covers for sewer manholes shall be
250 pound standard in dirt or 300 pound in roadways with solid cover. Cover
shall have two pick holes, on opposite sides at the edges. Manhole
46
C• .0
rings and covers shall be as manufactured by Bass & Hayes, Neenah, or
• approved equal.
Cast iron manhole steps shall be 8 inches wide.
I1I-4 CONCRETE AGGREGATES:
Fine aggregate shall consist of sand or other approved inert
material with similar characteristics, having hard, strong, durable particles
with not more than one Cl) percent by weight of clay lumps or three (3) per-
cent by weight 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 with 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. 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 stone, 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 crushed dirt the
maximum amount permitted may be increased to one and one-half (1 1/2) inch
and smaller or three-quarter (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
1I1-5 CEMENT:
Portland cement shall conform to the requirements of the
Standard Specifications for Portland Cement, ASTM Designation C 150, Type I.
Masonry cement shall conform to the requirements of the Standard
Specifications for Masonry Cement,.ASTM Designation C 91.
III -6 WATER:
Water for mixing concrete shall be clean and free from
47
injurious amounts
other deleterious
materials and the
five (95) percent
of the same mater
of oil, acids, alkalies, salt,
substances. Test specimens of
water to be used shall develop
of the seven (7) day tensile o
als and distilled water.
organic matter, or
mortar made from the
not less than ninety -
r compressive strength
II1-7 GRAVEL FOR SUBGRADE AND GRAVEL STREET REPAIR:
Gravel for subgrade shall be SB-2 and shall conform to the
following specifications:
SIZE OF SIEVE
1½"
1"
3/4" TOTAL RETAINED
#4
#40
#200 TOTAL PASSING
PERCENT BY WEIGHT
0
0
10 to 50
50 to 75
10 to 30
3 to 10
The fraction passing the #200 sieve shall not be greater
than two-thirds (2/3) the fraction passing the #40 sieve. The fraction
passing the #40 sieve shall have a liquid limit not greater than twenty-
five (25) and a plasticity index not greater than six.
II1-8 DUCTILE IRON PIPE:
Ductile -iron pipe 3 in. (7.6 cm) in diameter and larger shall
conform to the current American National Standard Specification for Ductile -
Iron Pipe, Centerifugally Cast in Metal Molds or Sand -Lined Molds, for
Water or Other Liquids, AWWA C 151 (ANSI A21.51).
Ductile iron thickness shall conform in all respects to the
current American National Standard for Thickness Design or Ductile Iron
Pipe based on a minimum of 200 PSI (1379.0 KPa) working pressure, laying
condition "Type 2" with 8 ft. (2.4m) of cover. Pipe 4 in. (10.2 cm) and
under shall be thickness Class 51; pipe 6 in. (15.2 cm) thru 12 in. (30.5
cm) shall be thickness Class 50. For larger diameters or deeper cover,
special design will be provided.
All ductile -iron pipe shall be push -on joint.
All ductile -iron pipe shall be bituminous coated outside
and cement -mortar lined inside with seal coat all in accordance with AWWA
Standard C 104.
All ductile -iron pipe and fittings shall be tested in accord-
ance with the applicable provisions of the specifications relating thereto.
48
a a
I1I-9 ENCASEMENT PIPE:
Encasement pipe shall be one -quarter (≤) inch thickness,
sixteen (1G) inches diameter, spiral -weld bituministic coated encasement
pipe, or approved equal.
III -10 MATERIALS FOR SEWER SERVICE
All tapping saddles, 4" C.I.S.P., and fittings shall be as
specified on the Standard Details sheet of the plans. Alternate materials
will not be allowed without the written approval of the engineer.
49
F
s 7v
t91s 1 -Ill?
SPECIFICATIONS
FOR
Highway 71 Bypass - Porter Road Interchange
Water Relocation
WORK ORDER 4 2632
Date: March, 1980
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
CITY ENGINEERS' OFFICE
a
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
12
GENERAL CONDITIONS OF THE
SPECIFICATIONS
16
DETAILED SPECIFICATIONS
PART I CONTRACT STIPULATIONS
DS -1
DETAILED SPECIFICATIONS
PART II CONSTRUCTION SPECIFICATIONS
DS -3
DETAILED SPECIFICATIONS
PART III MATERIALS
DS -14
ADVERTISEFIENT FOR BIDS
Project No. W.O. 2632
CITY OF FAYETTEVILLE
(Cc -..nor)
Separate 'sealed bids 'for HIGHWAY 71 BYPASS & PORTER ROAD INTERCHANGE
WATER RELOCATION will be received by STURMAN MACKEY
at the office of PURCHASING & BUDGETING
until 10:00 o'clock (A.M. X S.T. D.S.T.) APRIL 15th
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 BUIL➢ING
109 WEST MOUNTAIN STREET, FAYETTEVILLE, ARKANSAS
Copies may be obtained at the office of THE CITY ENGINEER
located at FAYETTEVILLE, ARKANSAS
for each set.
upon payment of $ 10.00
Xs:WW €X.fXMs.WYS V xiWxW f 2&' x
The o'Jner 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.
20 bidder may withdraw his bid within 30 days after the actual date
of the opening thereof.
-! 3 IC.
(Date)
Sturman Mackey, Purchasing & Budgeting Officer
1
. I.
BID BOND
KNOt ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as Surety, are hereby held
and firmly bound unto
in the penal sum of
owner
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
19
day of
The condition of the above obligation is such that whereas the Principal
has submitted to
certain bid, attached hereto and hereby made a part hereof to enter into a
contract in writing, for the
NOW THEREFOR,
(a) xf 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 Bid; and said Surety does hereby waive notice of any such
extension.
IN WITNESS'-WHEP.EOF,' 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:
3
A
PROPOSAL FOR SCHEDULE I
(A UNIT PRICE CONTRACT)
Place F} [ erre vi f l e Af
Date 4 -is 80
Proposal of A
a corporation* organized and existing under the laws of the State of
N , and 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 - Porter Road Interchange 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 30 consecutive calendar days.
Bidder acknowledges receipt of the following addenda:
* Fill out applicable blank
4
....1 .� .., y. ,......
Schedule "A"
(Reimbursable By A.E1.T.D.)
ITEM ESTIMATED QUANTITY
,NO. AND DESCRIPTION
*(1) 120 L.E. 16" Split Encasement Pipe
(2) 2150 L.F. 8" D.Z.P. Class 50
(3) 18 L.F. 6" D.I.P. Class 50
UNIT**
PRICE TOTAL
$ 7 $ _t 930.04
(4) 4 Ea 8" Gate Valve w/box • 'y
/ Dollars
'o �`� uU silo. o" $ D,o�
(5) 3 6" Gate Valve w/box
,,w $ $
. .. . 1 _ . .
(6) 1 Ea Tie-in (To existing 8")
la s
:ML:.
s � moo, a� $ S'3aaD
(7) 80 Tons SB-2 z�L2
Dollars p
Total Schedule "A"
* NOTE: Fittings, bedding SB-2, and solid rock excavation shall all be 'ncluded
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.
5a
ITEM
NO.
Schedule "B"
(City of Fayetteville's Share)
ESTIMATED QUANTITY
AND DESCRIPTION
UNIT**
PRICE TOTAL
*(1) 164 lii.F. of 8" D.I.P.
Class50
Dollars 3 /c/ [ 0l 2'O
2112-0,� — o ' L(4 $ 19,c2 o $ '77 D
(2) 2 Ea. 8"Gate
Valve w/box Doll
(3) 125 Tons SB-2 Dollars
i2s,do
(4) 3 Ea. Relocate Existing
Dollars
Fire Hydrants,
$ ao�dd
Total Schedule "B"
Total Schedule "A"
.Total "A" & "B"
5b
** Unit
prices
to be
shown in
words and figures.
In case of discrepancy
amount
shown
in
words
will
govern.
The above unit prices shall include all labor, materials, bailing, shoring,
overhead, profit, insurance, etc., to cover the finished work of the several
kinds called for.
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 S of the�enej1 Conditions.
The bid security attached in the sum of p 7lJ J is y
is to become the property of the owner in th event 11the 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:
bid is by a corporation
rtey l //p OC
(Business Address and Zip Cod�)
3
ARKANSAS PERFORMANCE AND PAYMENT BOND
(14-604 Arkansas Statutes)
KNOW ALL :jEN BY THESE PRESENTS: That we (1)
a (2)
(3)
of
hereinafter called "Principal" and
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.
TEE CC:IDITIO:: 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:
N0`7, 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 uncer 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.
ii
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, whicheven 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:
SECRETARY (PRINCIPAL)
(SEAL)
WITNESS AS TO PRINCIPAL
ADDRESS
ATTEST:
SECRETARY (SURETY)
(SEAL)
WITNESS AS TO ATTORNEY -IN -FACT
,ADDRESS
(PRINCIPAL)
BY
(TITLE)
(ADDRESS)
(SURETY)
BY
ATTORNEY -IN -FACT
ADDRESS
a
NOTE: Date of Bond must not be prior to date of Contract.
(1)
Correct name of
Contractor
(2)
A Corporation,
a Partnership,
or an individual, as case may be
(3)
Correct name of
Surety
(4)
Correct name of
Owner
(5)
If Contractor is
Partnership,
all partners shall execute bond
(6)
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
(7)
Must be executed
by Arkansas
Local Resident Agency for Surety
CONTRACT AGREEMENT
1. This Contract and Agreement, made and entered into this
20th day of May , 1980 , by and between the City of
Fayetteville, Arkansas, Party of the First Part, acting through its'
duly authorized representative, and Jerry D. Sweetser, Inc.
Party of the Second Part:
:•7I T?-ESS-rn
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'.
Bypass and Porter Road Water Relocation for the City of Fa}tefte`iil3e% s
Arkansas, in exact accordance with the Plans on file at the:of icE'of-. t
the Party of the First Part, and Specifications, Proposals;''Stipu ationE
.=
and Special Provisions attached hereto and made a part hereof asffully : Y;
as though copied herein, under the direct supervision and-"to\the entire"
•
satisfaction of the Party of the First Part and in accordance`•with the`
laws of the State of Arkansas. k''
2. It is further agreed and understood by and between the parties
hereunto that the Party of the First Part agrees to pay and the Party of
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
nature 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
in
I
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 Comcensation
Insurance in amounts as required by these Specifications.
WITNESS OUR HANDS THIS O(Q t< DAY OF O
WITNESS:
SEAL, (if
By ��
NAME AND T
WITNESS
Affix Corporate Sc r any
NOTE: This contract is for Schedule "B" only.
11
.•w
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
Authority as liquidated damages in case the
enter into a contract and to furnish the re
(10) days after the prescribed contract and
signature.
shall be retained by the Contracting
bidder neglects or refuses to
juired contract bond within ten
bond forms are presented for
I • • I
Checks of unsuccessful bidders will be returned immediately after
a contract has been executed.
(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 lung 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 coverr.
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" required 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 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.
(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
authorized to bind the bidder.
(f) Proposals must be submitted complete, with all other Contract
Documents in their oricinal 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
only
a portion
of
these Specifications.
y ,.
(i) The unbalancing of bids will not be tolerated. Evidence of
material unbalancing will be considered cause for rejection.
5. ZIODI_ICATION OF BIDS:
No
modification
of
bids already submitted
will
be
considered
unless
such
modifications
are
received prior to the
hour
set
for o_ening.
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 DOCUENTS:
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.
14
11. EX=PTICNS TO IN=UCTIONS TO BIDDERS:
If this contract is less than $ 20,000.00 the following
esceotion applies:
The Contract or is not required to be licensed under the
forms of .-lct 150 or the 1965 Acts of the General Assembly.
11. TIME OF COMPLETION AND LIQUIDATED DAMAGES:
Bidder must agree to commence work on or before a date to
be scecified in a written "Notice to Proceed" of the Owner and to full'
complete the project within 30 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 laws,
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. Exorcise 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 job 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.
15
'yt??F'. Mi. i; i:£,f{!r\ s;tp VL5 II. A (i;f?. HIM lilt.. f"I 3:i u: •• .•• .. r. ff^" t ,"'."90 , v::.qr
c:'e}y._�..nH- ...:.dl l.at jy't� .�,.M1. :.i, zr .:1! t�..r. f'i• 1k:n it I/.{i�.;:f/f {z:: lJ vt'l;::I'rs��xfj! i, ii ii�l iiF rt 9): tr£M1t,.�t.:i:i/ tr l•9 ts::,) 1 >,
Cti
�,:.. 4ypElllY,,yo
{ . ? UNITED STATES FIDELiaLflJARANTY COMPANY
.*it.
ci �'1evs y
(A Stopany)
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
We ..••••... Jerry D. Sweetser ..Fayetteville, A)2 ......................
1[F.' r .. . Inc.,• ...............
�1 .. r....... ........ ......... .......•r .. ................. •.. •........... .... ....... .......... r...........•...........
as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a l
corporation organized and existing under the laws of the State of Maryland and authorized to do business in the
State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto........Ga..tY....At...............
.....AR..............................................................................................................................................
as Obligee, hereinafter called Owner, in the amount
te.4'.n d.g11.rs il?.41...QQI..Q.Q.a.r..r..f.as...............«.........._...............[................................................................ .'.�..
cy 5
Dollars(b....c .9....1..8.......0....Q ............j, for the payment whereof Principal and Surety bind themselves, their heirs,
personal representatives, successors and assigns, joi&'
ntly and severally, firmly by these presents.
Ma 20
Principal has by written agreement dated ..............1'..........S...1980............................, entered into a contract t;
with Ownerfor furnishing all labor and material for the construction of
Highway 71 Bypass - Porter Road Interchange water relocation for the [.
City of Fayetteville, AR in accordance with plans and specifications
prepared by City Engineer. a3
ii, which contract Is by reference made a part hereof, and is
hereinafter referred to as the Contract.
THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the
Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he
may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense-`{
which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons
all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons
shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation,
subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force
and effect.
No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action
or proceeding shall be brought on this bond except by the Owner after six months from the date final payment
is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years -T
:4. from the date on which the final payment under the Contract falls due.
Any alterations which may be made in the terms of the Contract, or in the work to be done under it,
or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance
on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the
I`? Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their '?
liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being .t
hereby waived•
t =' In no event shall the aggregate of the Surety exceed the sum set out herein.
(�rJliability :--
Executed on +his...............t...................day of................Nla 19.......
erry D. Swe er In .
.. ��,� •,,�, -� is
UN TATES DELITY AND GUARANTY COMPANY'-' �'
t=' Secretary _
'F:1 � ••• A • V raw c•ia
ar ty -'p
`.. �•- -_ .Y '�� i�� �...
S• .• /� ^ _ ..1 Ica. SC\ �S
::: .�.�IJ• i f ' �..•`+� Byr ••.•u. oue.euuu...•uou...00.oro..o..uoou.. o..oLauoTm � �\ .�-.
-
�1,, • Neil Danner Attmrrey-in=fact
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COPY OF RESOLUTION
That Whereas, its necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland.
Therefore, be is Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice -
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons
as attorney or attorneys.in.fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con-
tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or
by law allowed, and
Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognirances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board,
body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given,
tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest,
municipality or other association or organization whatsoever, in my and all capacities whatsoever, conditioned for the doing or not doing
of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or
anything in the nature of either of the same.
I, David M. Engler , an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to
Neil Danner
oFayetteville, Arkansas , authorising and empowering him to sign bonds as therein set
forth, which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of
July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said
resolution, and the whole thereof as recorded in the minutes of said meeting.
in Test nony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on
(Date) May 20, 1980
iLe
Secretary.
J
GENERAL CONDITIONS OF THE SPECIFICATIONS
1. GENERAL DESCRIPTION:
The work emuraced in these Contract Documents consists of
the following:
Relocating the existing 8 inch watermain
2. DEFINITION OF TERMS:
Wherever in these Documents the following terms are used,
they are understood to have the following meanings:
"OF:NER" or "CONTRACTING AUTHORITY" shall mean the City of
Fayetteville, Arkansas.
"ENGINEERS" or "ENGINEER" shall mean the City Engineer, Fayetteville,
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.
16
The Contract Documents are complimentary, and what is called for
by one shall beas 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. SCECONTRACTS:
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.
7. TIIE ENGINEER:
The Contracting Authority contemplates and the Contractor shall
permit and make possible a thorough inspection by the Engineer of all work:
and materials furnished under the Contract Documents. The Contractor shall
perform the work to the satisfaction of the Engineer. No work shall be
performed by the Contractor without the knowledge and 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
Authority and the Contractor and shall make interpretations of plans and
specifications.
E. BORD:
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 the Contractor 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.
`). I:Isti v\.`ICS:
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 cut of operations or the
work, whether such operations be by himself or by any subcontractor or any-
one dirr?ctly or indirectly emnloyed by either of them. The insurance shall.
be •.;ritten 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 $ 300,000 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
units of $ 50,000.
Certificates of such insurance shall be filed with the Engineer
before ''ark 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
Documen ts.
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 Documents
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 Scecifications except on written order from the Engineer, and
the Contractor will be liable for any deviation except on such written order.
19
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. \ny•advice which the inspector may give the Contractor
shall in no wisebe donstrued 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
previously overlooked and estimated for payment.
12. WOR ,1ANSHIP 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 as 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 ALIGNtMENT:
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 CLAIMS:
The Contractor shall adequately protect the work, the Contracting
Authority's property, adjacent property and the public from injury, damage
or loss arising in connection with the contract or the work.
20
The Contractor shall provide and maintain all passageways, guard
fences, lights or other facilities for safety and protection required by
any public authority or local conditions.
The Contractor assumes entire responsibility and liability for
an' third party claims and actions based upon or arising out of injuries,
includinq 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 or 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 LEG=; 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. oTEER CONTRACTS:
The Contracting Authority reserves the right to
let
other contracts
in connection with this work.
The Contractor shall afford
other
Contractors
reasonable o_:portunity for the
introduction and storage of
their
materials
and the execution of their work,
his work with theirs.
and shall properly connect
and
coordinate
21
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.
19. SUSPENSION OF WORK:
The Contracting Authority may at any time suspend the work or any
part thereof by givinq 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. 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. 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.
Pendi::cr settlement of
the En -inter may suspend action
Co:^.tractor shall not be entitle
reason of such d play, nor shall
althouch 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 extensicr, of time,
may be granted by the Engineer if he
work.
2l. T-Rft!I::ATION FOR BREACH:
In the event that any of the provisions of this Contract
are violated b_: 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
se 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,
Cc) 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}:TENSIONS OF TIME;
If, at any time, the Contractor considers he is being delayed
by an act or neglect of the Contracting Authority or its employees, or
by any other Contractor employed by the Contracting Authority, or by any
changes or additions ordered in the work, or for any reason beyond his control,
23
he shall within ten (1O) days from the beginning of such delay notify the
Engineer in writing of the causes of any such delay. Extensions of time,
with relief from responsibility for liquidated damages incurred by the
Contracting Authority on; 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, he shall complete all other work within the specified construction
period.
Extensions of time, without relief from responsibility for liqui-
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, OMITTED, 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.
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,
24
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,
bill„ 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. ARA ITPATICN:
(a) Demand for Arbitration. Any decision of the Engineer which
is subject to arbitration shall be submitted to arbitration upon the demand
of either carts 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 ocpor-
tu.^.ity 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 recistered 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.
f 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 uron one arbitrator; otherwise there shall be 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 eaca of the parties and to the Engineer, either personally
or by registered mail to the last known address of each, of the tine and
Place for the beginning of the hearing of the matters submitted to them.
Each _arty may submit to the arbitrators such evidence and arguments as he
may desire and .the arbitrators may consider pertinent. The arbitrators
shall, however, -be tie 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 ground 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 acknowledged 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 tc
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 for 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 objection on
account of the form of the proceedings or the award, unless otherwise
provided by 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.
:V • I�=.='_-T�- NCI'-. TO 'SANUF\CTUREF 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 ecuipment of other manufacturers and vendors which will perform
adecuately 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, not-.dithstanding 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. ACCE?TANCE 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
bin, 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 liens 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
honey 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.
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 of all claims 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
ot:er'::ise 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.
When the above grounds arc removed, payment shall be made for amounts
withheld because of them.
30. SiiO? AND ERECTION ORAi1I!rS:
The Contractor shall furnish the Engineer with triplicate
corios 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 •.pork. 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. DRIiP.<ING 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
29
personnel from requiring reasonable safety standards, if, in the
course of their: technical supervision, it comes to the attention of
the Engineer that reasonable safety standards are not being carried
out.
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 different size pipes
and setting fire hydrants, sterilizing and testing water lines, proper back -
filling of trenches, clean up and restoring streets, driveways„ ditches,
concrete sidewalks, and yards to an acceptable condition.
I-3 LIST OF PLANS:
The Plans
are bound
separate
from the
specifications and are
generally
titled
Highway
71 Bypass
- Porter
Road Interchange
Waterline Relocation
DESCRIPTION SHEET NO.
Vicinity map 1
Plan 2 s 3
Water Details 4
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
I-5 STAKING OUT WORK:
The Engineer for each Schedule -.gill furnish labor to act
as rodmen, chainmen, 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 the submission 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 -down 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 preceded to a point where it
can be safely removed, except that, if in the opinion of the City Engineer
dacaae 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 __
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 5B-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 shall be determined per Section
11-4 of these Specifications. Rock excavation shall be paid for at the unit
contract price given in the Proposal.
The cost of all common excavation in trenches for water mains -
shall be included in the contract unit price for pipe and shall not be paid
for separately. All rock excavation in trenches for water mains shall be
measured and paid for as rock excavation.
II -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 operations involving the
storane of explosives shall be in full c
Federal statutes and regulations.
t, handling, use, and
ith applicable 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 BACK FILLING:
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
The attention of the Contractor is called to a separate
Section in these specifications concerning crossing lawns.
SB-2 shall be;measured and. paidfor 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.
1I-8 HANDLING AND LAYING C.I.. D.I.. 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
As:•!A 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 recuired 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.
I1-9 CROSSING AND PARALLELI::G 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.
DS -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 the backfill, with special regard
to the degree of: compaction, shall be checked.'and approved by the Engineer
before any surfacing his 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.
1I-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 T'
be properly protected until such time that they can be re -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 th^ 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 hvpochlorite (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. Followin
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.
II -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 property
line and streets, and shall be set at proper elevation, truly plumbed
and rccerly 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 in the 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 _ T
r
• have a t•.;enty-eight (28) day compressive strength of at least twenty-five
hundred (2500) pounds per square inch.
Concrete snail
be mixed
in an
approved ,fixer
for no:
less than
one and
one-half (R) minutes
after all
materials are
in the drum
and shall
be depos;ted
within thirty
(30)
minutes
after mixing.
Hand -mired
ccncrete
,n II not
be allowed.
In placing ccncrate, car. shall be taken chat the -re_.; -
ly piaced mass is so placed and vibrated that there is no tendency for the
coarse aggregate to segregate from the mortar.
All ccncrete 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"9" concrete and shall not be paid for
separately. -. -
II -19 CLEANING UP:
After the construction work i-s;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
operation -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 satisfactorily, 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 sun contract price and '.gill not be paid for separately.
.II -20 CLEARING:
Clearing operations will be required in the execution 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 ar.d
protected until construction is completed in the area. They shall then
be r: -sec.
No open burning will be allowed. All trees and brush
wjli be hauled off to a disposal site approved by the Engineer.
The cost of all work under this section shall be 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
i
DETAILED SPECIFICATIONS
PART III MATERIAL SPECIFICATIONS
III -1 GENERAL:
All materials shall be in compliance with the latest
revisions of the ASA or AW1,1A 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 A2l.12/AWWA C112.
Fittings shall be designed in accordance with ASA A 21.10-1971
/A;.3A C110-71. All fittings shall be Class 250 and shall berfJ. This
mechanical joint shall conform in all respects to ANSI A21.11/Ate^WA 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 NJ. 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 stone, 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 (14)
percent by weight. Coarse aggregate may be either of two sizes, 14 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, ASTN Designation C 150, Type 1.
Masonry cement shall conform to the requirements of the Standard
Specifications for Masonry Cemetn, ASTM Designation c 91.
1II-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.
III -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 AWNA. Valves
shall have O-ring seals and non -rising stems. Valve shall open left (counter-
clockwise) and shall have mechanical joint ends.
DS -15
7 S.
Gate valves shall be similar or equal to the Mueller A-2330-20
or the Clow model with teflon anti-friction•ring and shall conform to
.-., ;'A C500.
IIi-S '"u_Jv 30XES:
All buried
cast iron valve boxes.
shaft. Boxes shall be
of adequate length for
to Mueller H-10360.
gate valves shall be furnished with suitable
Boxes shall be two-piece, Buffalo type with 5¼"
screw or telescoping type, complete with lid, and
the installation. Boxes shall be similar or equal
III -9 FIRE HYDRANTS:
All fire hydrants shall be Improved AWWA type fire hydrants
with a 5'" valve opening. Nozzle threads shall be National Standard.
Hydrants shall open "left" by means of a l2' 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:
O SIZE OF SIEVE PERCENT BY WEIGHT
TOTAL RETAINED
1'
0
1„" 0
3/4" 10 to 50
u4 50 to 75
TOTAL PASSING
#40 10 to 30
u200 3 to 10
The fraction passing the #200 sieve shall not be greater
than two-thirds the fraction passing the #40 sieve. The fraction passing
the =.`40 sieve shall have a liquid limit not greater than twenty-five and
a plasticity index not greater than six.
DS -16
a.
III -11 TAPPING VALVES:
Tapping
valves
shall be similar in
construction to standard
AWWA gate valves and
shall
have MJ 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 ANNA Class "C" or "D" pipe, and with Class "B" pipe
in the 4 and 6 inch size.
III -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.
III -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.
DS -17
•
Ry.
III -11 TAPPING VALVES:
Tapping valves shall be similar in construction to standard
AWWA gate valves and shall have MJ outlets for cast iron pipe.
III -12 TAPPING SLEEVES:
Tapping sleeves shall be NJ for cast iron pipe, similar or
equal to Mueller H-615. Tapping sleeves shall, with the use of suitable
gaskets, be good for ANWA Class "C" or "D" pipe, and with Class "B" pipe
in the 4 and 6 inch size.
III -13 ASBESTOS CEMENT PIPE:
Asbestos cement pipe and couplings shall conform in all
respects to AWNA 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.
III -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
4 51 0.26
6 50 0.25
8 50 0.27
12 50 0.31
The acceptance valves for test specimens shall be as follows:
Minimum tensile strength
Minimum yield strength
Minimum elongation strength
60,000 psi
42,000 psi
10%
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 bituminous
coated outside with standard cement lining inside in accordance with AWWA
C-104-74/ASA A21.4.
III -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.
III -17 ENCASEMENT PIPE:
All encasement pipe shall be steel pipe, the size of the encase-
ment pipe shall be as indicated on the Plans. The steel pipe shall have a
wall thickness of 1/4 inch.
DS -18
(o5f90
r,J/5 F // . cP
SPECIFICATIONS
FOR
Highway 71 Bypass - Porter Road Interchange
Water Relocation
WORK ORDER # 2632
Date: March, 1980
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
CITY ENGINEERS' OFFICE
INDEX
AD•VERTISE::EN^. FOR BIDS
BID BOND
PROPOSAL FOR SCHEDULE I
ARKANSAS PERFORMANCE AND PAYMENT BOND
CONTRACT AGREEMENT
INSTRUCTIONS TO BIDDERS
GENERAL CONDITIONS OF THE SPECIFICATIONS
DETAILED SPECIFICATIONS PART I CONTRACT STIPULATIONS
DETAILED SPECIFICATIONS PART II CONSTRUCTION SPECIFICATIONS
DETAILED SPECIFICATIONS PART III MATERIALS
Page
1
2
4
7
10
12
16
DS -1
DS -3
DS -14
ADVERTISESENT FOR BIDS
Project No. W.O. 2632
CITY OF FAYETTEVILLE
(C;;ner)
Secarate "sealed bids for
WATER RELOCATION
HIGHWAY 71 BYPASS & PORTER ROAD INTERCHANGE
will be received by STURMAN MACKEY
at the office of PURCHASING & BUDGETING
until
10:00 o'clock
(A.M.-M. X
S.T.
D.S.T_) APRIL 15th
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
109 WEST MOUNTAIN STREET, FAYETTEVILLE, ARKANSAS
Copies may be obtained at the office of THE CITY ENGINEER
located at FAYETTEVILLE, ARKANSAS
for each set.
upon payment of $ 10.00
The ouiner 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 too -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) Sturman Mackey, Purchasing & Budgeting Officer
1
,
BID BOND
hNC:a ALL 31 N BY THESE y.ESENT$, that we,
L, )
and firmly bound unto
in the penal sum of 5'7
undersigned,
as Principal, and
as Surety, are hereby held
as owner
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 / ?d day of
1985
The condition of the
is spch that whereas the Principal
has submitted to
certain bid, attached hereto and hereby made a
contr%gt in wring, for the
NOW THEREFOR,
t hereof to enter into a
(a) Zf 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 Bid; and said Surety does hereby waive notice of any such
extension.
F.
I
I
o�: rs
0 0
•
�J./
/�//ma(�y■/
NAME AND ADDRESS OF AGENCY
Englehart Insurance Services, Inc.
COMPANIES AFFORDING COVERAGES -
P. 0. Box 1585
Fort Smith, Arkansas 72902
COMPANY
LETTER A The North River Insurance Co.
COMPANY O
LETTER o United States Fire Ins. Co.
NAME AND ADDRESS OF INSURED
COMPANY C
John A. Fraser & Fraser
LETTER
Construction company
COMPANY D
P. 0. Box 717
LETTER
Fort Smith, AR 72902
COMPANY E
LETTER
This is to certify that policies of insurance'listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition
of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the
terms, exclusions and conditions of such policies.
Limits of Liability in Thousands
COMPANY
LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EXPIRATION DATE
EACH
OCCURRENCE
AGGREGATE
GENERAL LIABILITY
500
500
BODILY INJURY
s
s
COMPREHENSIVE FORM
L31
PREMISES -OPERATIONS
5403645918
pp
11/1/VG
PROPERTY.DAMAGE
t .100
$ 100
A
® EXPLOSION AND COLLAPSE
HAZARD
UNDERGROUND HAZARD
-
® PRODUCTS/COMPLETED
OPERATIONS HAZARD
®CONTRACTUAL INSURANCE
BODILY INJURY AND
PROPERTY DAMAGE
$
❑ BROAD FORM PROPERTY
COMBINED
DAMAGE
LA'7INDEPENDENT CONTRACTORS
❑ PERSONAL INJURY
PERSONAL INJURY
$
AUTOMOBILE LIABILITY
BODILY INJURY
s 250
(EACH PERSON)
COMPREHENSIVE FORM
1301348655
11/1/80
ACH ACCIDENT)
500
A
® OWNED•
(EBODILY
PROPERTY DAMAGE
s 100
HIRED
®
BODILY INJURY AND
s
NON -OWNED
PROPERTY DAMAGE
COMBINED
EXCESS LIABILITY
B
BODILY INJURY AND
Q
5230516374
11/1/80
'PROPERTY
s1,000,o
®.
UMBRELLA FORM
DAMAGE
❑ OTHER THAN UMBRELLA
COMBINED
FORM
WORKERS' COMPENSATION
STATUTORY
A
and
408098757
11/1/80
s 100,000'a,CH
EMPLOYERS' LIABILITY
ACCIDENT)
OTHER
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail I_ days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company., this agency,
its representatives, or employees
NAME AND ADDRESS OF CERTIFICATE HOLDER:
City of Fayetteville
P. 0. Drawer F
Fayetteville, AR 72701
DATE ISSUED:_
ENGLEHART
ACORD 25 (1.79)
American Casualty Company
of Reading, Pennsylvania
nsaURAanefloe
CIA
Offices/Chicago, Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation duly
organized and existing under the laws of the Commonwealth of Pennsylvania, and having its principal office in the City of Chicago,
and State of Illinois, does hereby make, constitute and appoint Dale A. Englehart, Robert L. Carter,
William A. Meeks, Judith L. Englehart, Individually
of
Fort
Smith,
Arkansas
its true
and
lawful
Attorney -in -Fact with full
power and authority hereby conferred to sign, seal and execute in its behalf bonds, under-
takings
and
other
obligatory instruments of
similar nature as follows:
Without Limitations
and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such
instruments were signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all
the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of
Directors of the Company:
"Article VI — Execution of Obligations and Appointment of Attorney -in -Fact
Section 2. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, appoint by written
certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and
other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates
of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and
authority previously given to any attorney -in -fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 11th day of November, 1966:
"Resolved, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on
any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or cer-
tificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and
sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
In Witness Whereof, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA has caused these presents to be signed by
its Vice President and its corporate seal to be hereto affixed this 3rd day of May , 19_79
AMERICAN CASUALTY C READING, PENNSYLVANIA
State of Illinois I FRT n.
County of Cook (
T .T�17 Vino Prncidnnf
On this 3rd day of May , 19 79 , before me personally came
K. J. Wall tome known, who, being by me duly sworn, did depose and say: that he resides in the Village of
Western Springs State of Illinois; that he is a Vice -President of AMERICAN CASUALTY COMPANY OF READING, PENN-
SYLVANIA, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that
the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Direc-
tors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed
of said corporation.
ICDJJaNOTAaT �
/J
O PUBLIC ` / 2 - . 2 /l Ir/J
o°�c000 Rayy4nid E. Frystak fllotary Public.
My CL4nission Expires J e 19, 1982
CERTIFICATE
I. P. F. Granahan ,Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA,
do certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 2 of Article VI of the
By -Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In
testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this
19 ina
101 P. F. Granahan Assistant Secretary.
8-23142-B
day of
S
4.
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
e Surety
f :
r
9 � r .
S
SEAL F BY: L
. ,fie r
. r ..
3
PROPOSAL FOR SCHEDULE I
(A UNIT PRICE CONTRACT)
Place Q
Date________________________________________________ �Q
Proposal of cz2Q,/ w/
a corpo ti organized and existing under the laws of the State of
and 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 - Porter Road Interchange 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 30 consecutive calendar days.
Bidder acknowledges receipt of the following addenda:
* Fill out applicable blank
4
ITEM
NO.
*(l)
Schedule "A"
(Reimbursable By A.H.T.D.)
ESTIMATED QUANTITY
AND DESCRIPTION
120 L.F. 16" Split.Encasement Pipe
♦ •
i•
I
UNIT**
Dollars
$
TOTAL
(2) 2150 L.F. 8" D.I.P. Class 50
Dollars
on
er,�-ate%'' $$/99•�
k.3) 123 L.Y. b U.J.W. Class DU
Dollars 30
4/P $__ $
(4) 4 Ea 8" Gate Valve w/box
Dollars
$ /� d'
(5) 3 6" Gate Valve w/box
Dollars
� $ �10�
(6) 1 Ea Tie-in (To existing 8")
Dollars
(7) 80 Tons SB-2
Dollars $
Total Schedule "A" 3 30
* NOTE: Fittings, bedding SB-2, and solid rock excavation shall all e included
in the unit price of pipe. I - -
** Unit prices to be shown in words and figures. In case of discrepancy amount
shown in words will govern.
5a
Schedule "B"
(City of Fayetteville's Share)
ESTIXATED QUANTITY
AND DESCRIPTION
164 L.F. of 8" D.I.P.
Class 50
Dollars
$ a/
UNIT••
PRICE
8tA tia
(2) 2 Ea. 8" Gate Valve w/box Dollars
(3) 125 Tons SB-2
Dollars
(4) 3 Ea. Relocate Existing Dollars
Fire Hydrants
Total Schedule "B"
Total Schedule "A"
Total "A" & "B"
TOT;
3,7 5- O ?t
O
Om
.
ARKANSAS PERFORMANCE AND PAYMENT BOND
(14-604 Arkansas Statutes)
KNOW ALL MEN BY THESE PRESENTS: That we (1)
a (2) , hereinafter called "Principal" and
(3) f ixL�i n J"��lirii�Yh�"'State of
__________________________hereinafter called the "Surety", are held and
firmly bound unto (4) hereinafter called
p
.�Llon � j o`.3 OV
"O:.ner" in the penal sum of J were ir/ dollars (t2133
3,a ) ,
in lawful money of the United Sta-es, 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 •�i 3
day of 227 19Q�, a copy of which is attached and made a part
hereof for thanstruction of: _-
J7Mt T �_ / /J i_ O . , — -�_ /% n 2.
N09, 7HEREOFRE, 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 connectionwith
the construction of said work, fuel oil, camp equipment, food for•nen., feed
for animals, premium for bonds and liability and workmen's compensation'
insurance, rentals on machinery, equipment and draft animals; a-Lso.forrtaxese
or payments due the State of Arkansas or any political subdivisions thereof-
which shall have arisen on account of, or in connection •with he wages.-
earned by workmen covered by the bond; and for all labor perfoyrmedih such ?�'
work whether by subcontractor or otherwise, then this obligation'�Shall be/
void, otherwise to remain in full force and effect. ��,.✓'�
7
** Unit prices to be shown in words and figures. In case of discrepancy amount
shown in words will govern.
The above unit prices shall include all labor, materials, bailing, s' :ori,
overhead, profit, insurance, etc., to cover the finished work of the several
kinds called for.
Bidder understands that the Owner reserves the right to reject any cr all
bids and to waive any informalities in the bidding.
The Bidder agrees that this bid shall be good and may not be withdra-.:m 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 eneral Con '`ions.
The bid security attached in the sum of j
is to become the property of the Owner in the event t contract and bond are
not executed within the time above set forth, as liquidated damages for to
delay and additional expense to the 0•..'ner caused thereby.
Respectfully Submitted:
By
SEAL - if bid is by a corporation
(Business Address and Zip Code)
6
S.
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 anywise
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 2 3 ' day of
l99Q
ATTEST_
SECRETARY (PRINCIPAL)
v y
•AS TO PRINCIPAL
ADDRESS
e FATTEST:.
a3 •`SEC_2ETARY (SURETY)
T 4-v. i r
AS TO ATTORNEY -IN -FACT
t-DDRESS
• %tcer aa'iJSf /DAJ 4aov
(P INCIPAL)
BY
( TLE)
(ADDRESS)
i _i/ ,
/e
/ /
AD,
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(3) A Corporation, a Partnership, or an individual, as case rav be
(3) Correct name of Surety
(4) Correct name of Owner
(5) If Contractor is Partnership, all partners shall execute bor.
(6) This bond must be filed with the Circuit Court of the County
where the work is to be performed, prior to the start of cocst-
ruction
(7) Must be executed by Arkansas Local Resident Agency for Surety
9
CONTRACT ACREei-IENT
1. This Contract and Agreement, made and entered into this
day of yyJ� 19j�, b+i and between the City of
Fa} ettcvi.11e, Arkansas Party of the First Part,,A/ acting though //i//ts'
duly authorized representative, and FCJSek 40n;; z, r aA C:D.
Part: 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
tobe Turn shedand-t/o construct the improvements designated as NM
p 71
uy ≤≤ fh ror 44 - n t, — i Y Re 16 i for the City of Fay_e.tteville,
Ark n�in exact accordance with the Plans on file at the'off}oe? af•.
C. _ _ 7... d.
the Party of the First Part, and Specifications, Proposals,�Stiuulatrons,
mob=
and Special Provisions attached hereto and made a part hEr-eof as�ftlly
as t^ouch copied herein, under the direct supervision and to fhe-.entire
satisfaction of the Party o£ the First Part and in accordance with the.¢
laws of the State of Arkansas. ���. y ;
,It is further agreed and understood by and bet*een-tie parties
hereunto that the Party of the First Part agrees to pay and t'ieaParty o
thn'Secohd Part agrees to accept as full and final compensation for all
.rte . .. 1,
-work dons under this agreement, the unit prices named in the Proposal
which is --hereto attached, such payment to be made in lawful money of the
., United65tates, at the time and in the manner set forth in the Specifications.
The Party of the Second Part agrees, for the consideration
J..abovexpressed, to begin and complete the work within the time specified
' inrthe 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
In
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 Com:ensa`_ion
Insurance in amounts as required by these Specifications.
WITNESS OUR HANDS THIS fl DAY OF O 19£6
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARY .SAS
L /
ByV
CITY MAYOR
W I TESS
SEAL (if any)
Ar"er 4 05tru,d,on 4 .
CONTRACTOR
BY �1/��GL
��
NAME AND TITLE
,f?o. sox 7/7 t -t5m, 4 7a9o/
BUSINESS ADDRESS
WITNESS
Affix Co orate Seal here (if any)
11
INSTRUCTIONS TO BIDDERS
1. QUALIFICATIONS OF CONTRACTORS:
hk 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 re fuses 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.
Checks of unsuccessful bidders wiLl Le retur:Dd immediatry after
a contract has Leon executed.
4. PROPoSALS
(a) Froposals shall be strictly in accord with the prescribd
forms, furnished with the Specifications. Any modifications or de,iations
therefrom may be considered sufficient cause for rejection.
(b) The bidder shall state in words and fiqures the lunc 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" required 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 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.
(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 op 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) 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 CONTRACTDOCUMENTS:
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.
14
1 . Exc:P TICNS TO I:JS T3UCTIC `JS TC BIDDERS:
If this contract is less
than $
20,000.;0
the following
exception applies:
The Contract or is not required to be licensed under t!:e
terms of Act 150 or the 1965 Acts of the General Assembly.
11. TI:E OF CO:1PT_,i.TION AND LIQUIDATED CA:LAGES:
Bidder must agree
to
commence work
on or before
a date to
be scecified
in a written "Notice
to Proceed"
of the Owner
and to full-:
ccmplete the
project within
30
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 ccncract, the
Contractor shall:
1. Comply with the safety standards provisions of applicable laws,
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
proerty.
3. :1aintain 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 job site. In no case shall employees be permitted to work at a job
site before the employer has made a standing arrangca.ent for the removal
of injured persons to a hospital or a doctors care.
15
GEP% RAL CONDITIONS OF THE SPECIFICATIONS
1. GENERAL DESCRIPTION:
The work embraced in these Contract Documents consists of
the following:
Relocating the existing 8 inch watermain
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, Fayetteville,
Arkansas, City Administration Building, 107 West Mountain Street (P.O.
Drawer "F"), Fayetteville, Arkansas.
"CONTRACTOR" shall mean the individual, partnership, or corcoration
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.
16
The Contract Documents are 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 ': :or}: desCr:bpd
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 :mere the
Work is to be performed.
S. SUB CONTRACTS:
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 emissions 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 or
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.
7. TII?B E ENGIEEF:
The Contracting Authority contemplates and the Contractor shall
permit and make possible a thorough inspection by the Engineer of all work
and materials furnished under the Contract Documents. The Contractor shall
perform the work to the satisfaction of the Engineer. No work shall be
performed by the Contractor without the knowledge and 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
Authority and the Contractor and shall make interpretations of plans and
specifications.
°. 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 the Contractor 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 ail 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.
13
0. INSURANCE.
The Contractor shall maintain such insurance as will protect him
from claims under workmen's compensation acts and other emolov:ee benefit.;
and from claims for damages because of bodily injury, includin, death, ad
from claims for damages to property which may arise out of cperatlns or the
'.work, whether such operations be by himself or by any subcontractor or an -
one directly or indirectly-emoloved by either of them. The insurance shall
be .;ritte❑ 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 S 300,000 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 damace
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 clone 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 wort: and compliance with the Contract Documents
and all applicable laws, rules and regulations shall he the Contractor's.
Inspectors shall nave no authority to permit any deviation from
the Plans and Specifications except on written order from the-n;7i,^eer, and
the Contractor will be liable for any deviation exc^_(:t on sec- written order.
19
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 no 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
previously overlooked and estimated for payment.
12. WOP&'1ANSHIP 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 as 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 ALIGNMENT:
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 COi:TR\CTOR'S
RESPCNSIBILITY FOR DA:•UGE CLAIMS:
The Contractor shall adequately protect the work, the Contracting
Authority's property, adjacent property and the public from injury, damage
or loss arising in connection with the contract or the work.
20
The Contractor shall provide and maintain all pasaay_:•lays, •uard
fences, lights or other facilities for safety and protection required ::v
any public authority or local conditions.
The Contractor assumes entire responsibility and '_ utility for
an': third party claims and actions based u::on 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 cut 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 or licensees thereof. The Contractor shall indemnify and hold
harmless the Contracting Authority and its representatives and the Engineer
and ;,is representatives in respect to any such matters.
15. L GAL 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
orerations. 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. ASSIGNNTNTS:
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 CONTRACTS:
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.
21
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 th•.≥ work in general harmony.
18. SUSPENSION OF WORK:
The Contracting Authority may at any time suspend the work or any
part thereof by giving ten (10) day's notice to the Contractor in writing;
the .cork 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. THE CONTRACTING AUTHORITY'S RIGHT TO DO WORK:
If the Contractor should neglect to prosecute 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. 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-
•aise 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.
Pending settlement of
the i:ncinoer may suspend action
Cc:•.tractor shall not be entitle
reason of such delay, nor shall
alt:ouch such extension of time
dooms it in the interest of the
disputes on any point of COI1tYOVGr':',
on all or any part of the work. The
i to any claim for loss or damago by
he be entitled to extension of time,
may be granted by the Engineer if :::e
work.
. TER:1P:.1-I. FOR BRACH:
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 (3C) 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 _.ossession 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. PAYc:E?NTS WITHH
The Contracting Authority may withhold or, on accout of
subsecuently 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:•:TENSIoNs OF TI":
If,
at any
time, the Contractor considers
he is beinq delayed
b^ an act or
neglect
of the Contracting Authority
or
its emnlo';•ees, or
by any other
Contractor employed by the Contracting
Authority, or by any
changes or additions
ordered in the work:, or for
any
reason b "yo::.l his contra?,
he shall within ten (10) days from the beginning of such delay notify the
• En'gineer in writing of the causes of any such delay. Extensions of time,
with relief from responsibility for liquidated damages incurred by the
Contracting Authority on 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 tine 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. iahen such
items of materials or equipment are delayed for reasons beyond the Contractor's
control, he shall complete all other work within the specified construction
period.
Extensions of time, without relief from responsibility for liqui-
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, OMITTED, 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.
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,
24
which statement shall be in the hands of the Engineer within such Ei= 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,
bill„ or vouchers relating thereto. Unless such claims arc mad=_ as re-
ruired, they shall be considered forfeited and invalid.
The Contracting
person or firm other than
Contractor's attention is
entitled to no claim for
the wor}c to be omitted.
25. ARBITRATION:
Authority reserves the right to contract with an
the Contractor for any or all extra work. The
especially called to the fact that he shall be
damages for anticipated profits on any portion of
(a) Demand for arbitration. Any decision of the Engineer which
is subject t0 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 oopor-
tunity to determine whether or not the work shall continue until they decide
the matters in dispute.
The demand for arbitration shall be delivered
Engineer and the adverse party, either personally or by
the last known address of each, within ten (10) days of
Engineer's decision, and in no case after final payment
If the Engineer fails to make a decision within a reaso
for arbitration may be made as if his decision had been
the demanding party.
in writing to the
registered mail to
the receipt of the
has been accepted.
sable time, a demand
rendered against
(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 be 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
or by registered
place for the
to each of
mail to the
beginning of
the parties and
last known
the hearing
address
of
to the Engineer,
of each, of
the matters st±mitt_ed
either personally
the tine and
to them.
A- l
Each party may submit to the arbitrators such evidence and arguments as he
may desire and the arbitrators may consider pertinent. The arbitrators
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 nay 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 ground 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_knowledged 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 for 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 objection on
account of the form of the proceedings or the award, unless otherwise
provided by 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. Fie is
given the right to appear before the arbitrators to explain the basis of
his decision and give evidence as they may require.
.6. P.E,PZFC':CE TO 111\NU!'.\C'I'UEER OR TPA DE iiA?tES:
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, an, material,
article, or equipment of other manufacturers and vendors which will perform
adocuately 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
hip, 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 ecuipment
and material used on the work and a complete release of all liens 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 nay then make
the final estimate.
,
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 of'all claims 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
inspectionas 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.
When tho above grounds are removed, payment shall be made for amounts
withheld because of them.
30. SHOP AND ERECTION DRAWINGS:
The Contractor shall furnish the Engineer with triplicate
codes 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 •.cork. One copy shall be returned to the Contractor and two
ccaies 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 irr the
opinicn 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'
emnlovees 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
29
personnel from requiring reasonable safety standards, if, in the
course of their technical supervision, it comes to the attention of
the Engineer that reasonable safety standards are not being carried
out.
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 different size pipes
and setting fire hydrants, sterilizing and testing water lines, proper back -
filling of trenches, clean up and restoring streets, driveways„ ditches,
concrete sidewalks, and yards to an acceptable condition.
I-3 LIST OF PLANS:
The Plans
are bound
separate
from the
specifications and are
generally titled
Highway
71 Bypass
- Porter
Road Interchange
Waterline Relocation
DESCRIPTION SHEET NO.
Vicinity Map 1
Plan 2 & 3
Water Details 4
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
STAKING OUT -WORK:
The Engineer for each Schedule will furnish labor to act
as rodmen, chainmen, 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.
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 the submission of the Proposal by the Contractor for the work
constitutes his compliance with this requirement.
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 -down 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
prcperty, 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
dar.age is liable to result from withdrawing shoring, it shall remain in
place.
I1-3 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 .—
•
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.
1I-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 shall be determined per Section
11-4 of these Specifications. Rock excavation shall be paid for at the unit
contract price given in the Proposal.
The cost of all common excavation in trenches for water mains
shall be included in the contract unit price for pipe and shall not be paid
for separately. All rock excavation in trenches for water mains shall be
measured and paid for as rock excavation.
II -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 operations involving the procurement, handling, use, and
storage of explosives shall be in full compliance with applicable State and
Federal statutes and regulations.
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
spring line 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 S3-2
up to the road surface. The roadway and driveway surface shall then be re-
placed as called for elsewhere in these Specifications.
Cs -5
•
The attention of the Contractor is, called to a separate
Section in these specifications concerning crossing lawns.
I
SB-2 shall bermeasured and paid,fbr 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.
1I -S HANDLING AND LAYING C.I., D.I., 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
AW A 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.
II -9 CROSSING AND PAPALLELI::G 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 withcut 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.
I
DS -7
S .
Backfill of trench lying within roadways shall be in
strict accordance with the applicable provisions as stated in Section 1I-7
of these Specifications. The condition of the'backfill, with special regard
to the degree of compaction, shall be checked 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
c
DS -8
be properly protected until such time that they can be re -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 ant/ 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
accomolished. 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 •wil. be made
for crossing and repairing fences.
I1-15 INSTALLATION OF FIRE HYDRANTS:
Fire hydrants shall be properly located with respect to grocery
line and streets, and shall be set at proper elevation, truly plu.bed
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 frcm
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 workassociated with tying -in shall be included
in the unit price for the installation of pipe and shall not be paid for
separately.
I1-17 •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) gallcns
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 --
rav a t•.;enty-eight (29) day compressive strength of at least twenty-five
hundred (2500) pounds per square inch.
Concrete shall
be mixed in an
aDoroved ,-ixer
For noc
less than one and
one-half (1'_) minutes
after all
materials are
in the drug
and shall be deposited
within thirty
(30) minutes
after mixing.
Hand -mixed
concrete will not
be allowed.
In placing concrete, care shall be taken chat the fro:,•_
ly piac_d mass is so placed and vibrated that there is no tendency for the
coarse aggregate to segregate from the mortar.
All 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'B" concrete and shall not be paid for
separately. _ -
II -19 CLEANING UP:
After the construction work is; completed, ail 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 specificallyunderstood that the clean up
c erstion .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.
dI-20 CLEARING:
Clearing operations will be required in the execution of
various portions of the work. .
Clearing shall be no more than actually required for
inst3llaticn of the line. No indiscriminate destruction of trees will
toter ted. 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 shall be in-
cluded in the appropriate unit cost for pipe and shall not be paid for
nfl = I
DS -12
separately.
The Contractor, by personal inspection, should satisfy himself
on the exact amount of clearing that may be required.
CS -13
r
% 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.
1II-2 CAST IRON PIPE FOR WATER RAINS:
Pipe shall be designed in accordance with ASAA 21.1-1967
/A'.•WA 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
T`.ao and one quarter inch pipe shall be Class 250 and shall
have a wall thickness of 0.25 inch in accordance with ASA A2l.12/APif•iA C112.
Fittings shall be designed in accordance with ASA A 21.10-1971
/A:s.la C110-71. All fittings shall be Class 250 and shall be NJ. This
mechanical joint shall conform'in all respects to ANSI A21.11/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 NJ. Push -on joint and mechanical rubber
gaskets shall conform to ANSI A21.11-1972/AWWA C111-72.
II1-3 RETAINER GLANDS:
Retainer glands shall be ductile iron.
1II-4CONCRETE 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 stone, 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 lu.^,ps,
and one Cl) 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 (1:)
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
II1-5 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.
I1I-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.
III -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 AW1A. Valves
shall have O-ring seals and non -rising stems. Valve shall open left (counter-
clockwise) and shall have mechanical joint ends.
DS -15
•
1
f
f jM
l ti
Gate :valvesishall be similar or equal to the Mueller A-2380-20
or the Clow model with teflon anti -friction ring and shall conform to
.y.. A C500.
111-S VALVE BOYES:
All buried gate valves shall be furnished with suitable
cast iron valve boxes. Boxes shall be two-piece, Buffalo type with 54"
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 Nueller H-10360.
11I-9 FIRE HYDRANTS:
All fire hydrants shall be Improved AWWA type fire hydrants
with a 5'-a" valve opening. Nozzle threads shall be National Standard.
Hydrants shall open "left" by means of a 1„" 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
1"
3/4"
�4
TOTAL PASSING
40
1200
PERCENT BY WEIGHT
0
0
10 to 50
50 to 75
10 to 30
3 to 10
The fraction passing the =200 sieve shall not be greater
than two-thirds the fraction passing the 440 sieve. The fraction passing
the ='40 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
AW.4A gate valves and shall have NJ outlets for cast iron pipe.
III -12 TAPPING SLEEVES:
Tapping sleeves shall be NJ 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.
III -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.
III -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.
J
•
III -11 TAPPING VALVES:
Tapping valves shall be similar in construction to standard
ALMA gate valves and shall have MJ outlets for cast iron pipe.
II1-12 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. -
III -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.
III -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 specimens shall be as follows:
Minimum tensile strength 60,000 psi
Minimum yield strength 42,000 psi
Minimum elongation strength 10%
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 bituminous
coated outside with standard cement lining inside in accordance with AWWA
C-104-74/ASA A21.4.
J %
J l
4 1
III -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.
III -17 ENCASEMENT PIPE:
All encasement pipe shall be steel pipe, the size of the encase-
ment pipe shall be as indicated on the Plans. The steel pipe shall have a
wall thickness 'of 1/4 inch.
DS -18