HomeMy WebLinkAbout93-81 RESOLUTION•
RESOLUTION NO. 93-1/
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH COMBS CONSTRUCTION COMPANY,
INC., FOR THE RELOCATION AND ADJUSTMENT OF SEWER
FACILITIES ALONG U.S. HIGHWAY 71 FROM U.S. HIGHWAY 71
BY-PASS TO ARKANSAS HIGHWAY 68.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized
and directed to execute a contract with Combs Construction
Company, Inc. for the relocation and adjustment of sewer
facilities along U.S. Highway 71 from U.S. Highway 71 by-pass
to Arkansas Highway 68 at a total contract price of $79,257.00.
A copy of the contract authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this /5 day of 242,t. , 1981.
4'ATT ST.
;Ale! tid
1
CITY: CLERK
4 LION At
h
APPROVED:
MAYOR
CERTIFICATE OF &DOUR D
State 'df ArkansasSS
City of Fayetteville
I, Vivirn Kcettel, City Clerk and Er Officio
recorder for the City of Fayetteville, do here•
by certify that the annexed or foregoing is
of record in my office and the same ap-
peaars�in Ordinance e Resolution book
page 6 Witness my,
hand and seal this K day, of
19.
City Clerk and Ex -Officio Recorder
4.17
O. T. WILLIAMS. JR.
L. CARL YATES
•
•
Re:
MCGOODWIN, WILLIAMS AND YATES, INC.
CONSULTING ENGINEERS
FAYETTEVILLE, ARKANSAS
October 28, 1981
Builder's Risk and Installation Policy
Policy No. 2-54 MSF -477 71 58
Relocation and Adjustment of Sewer Facilities
Fayetteville, Arkansas
Plans No. Fy-84
Mrs. Vivian D. Koettel
City Clerk
City of Fayetteville
Drawer F
Fayetteville, Arkansas
Dear Mrs. Koettel:
909 ROLLING HILLS DRIVE
FAYETTEVILLE. ARK. 72701
TELEPHONE 443-3404
The Certificate of Insurance previously furnished on the Combs
Construction Company job referred to above listed the builder's risk
and installation floater policy as being "bound" but not yet issued
This policy has now been furnished and a copy is enclosed and may be
filed in the insurance folder in the contract specifications
4-•
Th4re is also enclosed the endorsement to this policy adding the
city of Fayetteville as an additional insured. We requested this
endorsement, only now received, which accounts for the delay in trans-
mission of this policy.
9 -- _ Cordially yours.
BLG:jr
Enclosures
Brian L. Gartside
I, •
DECLARATIONS
'POLICY-■� 77
.NUMBER 254 'MSF- 4 �.I'7 (1 J
SPECIAL FLOATER .POLICY
LROLICY
PER10D;;,FROM,.9-'23-81.To.12-1-81'.` "
02:01. STANDARD' TIME AT THE PLACE OF; OF; ISSUANCE) •
." AT 1201 A:M. STANDARD TIME AT -PLACE OF ISSUANCE, TO THE EXTENT 1HAT COVERAGE IN -
'
N"
'THIS, POLICY REPLACES COVERAGE IN -OTHER -POLICIES TERMINATING NOON STANDARD
;TIME- ON`THEINCEPTION DATE OF: THIS POLICY. COVERAGE UNDER THIS POLICY SHALL NOT
;'BECOME EFFECTIVE UNTIL SUCH OTHER COVERAGE HAS TERMINATED. •- -
INS,UREO'S NAME: AND MAILING. ADDRESS
COMBS CONSTRUCTION COMPANY.
PO'BOX 783
FAY.ETTEV3LLE� ARA. 72701
FIREMANS FUND INSURANCE COMPANIES .A.A
COVERAGES PROVIDED IN THE FOLFOWING .-f-r:
COMPANY, A STOCK COMPANY.
07
NATIONAL SURETY CORP.
AM0UIV I .J RATE -• PREMIUM
.:79,257. • $ $ 75.
ONINCEPTION'DATE ,. FIRST ANNIVERSARY SECOND'ANNIVERSARY' .$
INSTALLMENTS ARE PAYABLE: - - -
$ $ $. _
IN GONS OERATION, OF• THE STIPULATIONS HEREIN NAMED AND OF THE. PREMIUM SPECIFIED THE COMPANY DOES INSURE THE INSURED NAMED 'ABOVE, HEREIN'.
CALLED THE INSURED! WHOSE ADDRESS IS' SHOWN ABOVE, FROM THE 'INCEPTION DATE, TO THE EXPIRATION DATE, BOTH SHOWN ABOVE. TO AN AMOUNT -NOT'
_EMCEED=NG THE AMOUNT ABOVE SPECIFIED. ON THE FOLLOWING DESCRIBED PROPERTY.
'ITEM AMOUNT. OF. INSURANCE', DETAILED DESCRIPTION r
.SEE FORM ATTACHED 345175(6-801
LOSS PAYABLE CLAUSE: LOSS. IF ANY
ENDORSEMENTS?ATTACHED
, 345174(6-80), 345175(6-80)
10 HE ADJUSTED"ONLY'WITH ,TNE INSURED AND PAVA ALE TO THE INSURED AND
•
This 'FOIICY:-IS- MADE ANO ACCEPTED 'SUBJECT TO THE FOREGOING PROVISIONS AND STIPULATIONS ANO THOSE HEREINAFTER" ETATEO.' WHICH ARE'HEREBV-
MADE A PART OF, 'THIS POLICY.: TOGETNER WITH SUCH OTHER PROVISIONS.. STIPULATIONS ANO' AGREEMENTS' AS MAY BE ADDEO THERETO:, fi.,'PROVIDED IN F
THIS POLITY. - . ." .�
DATE,OF ISSUE COUNTERSIGNATURE OF AUTHORIZED AGENT
9-29431: VS:...,
5755-6.80
#..
-- 345175-640
U
PH01NT
Ifs
xw:
EXCLUSIONS • ::, •
7"The fallowkaiWar,flisk Exclusion Clause and Nuclear Exclusion Clause shall be paramount• and shallSnot be modified or"superseded by:
'any- atifercix&Visifrnt included,, herein or;ondorsed hereon unless such other provision, refers. speeiftmlly_ to the-rjsks .excluded by the War....
Risk Exclusion Clause or Nuclear r Exclusion Clause and expressly assumes said risks.
1. -BLS. War -Bi' Exclusion Clause. The Company shallnotbe liable for any loss, caused directly or indirectly, by (I').tostile'or.warlike•actlon -
• in nue 'al peacfl.ori:war„including action. in hindering, combating, on defending, against a i actuate impending or:expeded attack, (a) -by any. -.
governmehtorsoseyeigri power'(de'jure or de: lacto)'oi'by.:hny'authofity:main aiiting or: uing military;-: neivalor. air-forces;r or:(h) :by( -;:.
J. military,. naval -or air forces; .or (c).by an agent oi any"such government, power,tcc',uthority or forces; (2) any weapon of :war employing .
.: atomic fission or radioactive force whether ih lime of peace or wdr; (3) insurrection, rebellion, revolution, civil eve., usurped power, or action:
tbken by sgvepv entgJ ul ori!y. in I der:Mg, combating or defending against such an occurrence, seizure or destruction Lunde: ayaid::fine 9i
or Custab'is-tdgtitbtto'ri$i:co�nfl§em'NoR•. p `rdbH of any government or public authority, or risks oi contraband or rllegol.transportation. or, trade.. - ,,
.2. Nµclinsr lrclunoq,Clause. ,The Company shall not be liable for loss by nuclear reaction or nuclear radiation or radioactive'.contamination,
all:whetlier'`controlled or uncontrol od, and whether such Ioss•be direct or indirect; proximate or reinote'; or be in whole pa
or in rt caused' by,:
dontributed.to, or aggravated by ,the peril(s) insured against in this policy; however, subject to the foregoing and all provisions of this policy,
direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy. .s
Page.2ofd
CONDITIONS • :''
1. Territorial-Limita.-This policy covers only loss or damage occ irring
witnin the' '48 contiguous states' of t}ie United States, The District
df Columbia; Canada, within The State of Alaska or within Tho
State of Hawaii.. ,
2:.Labete. 'In the event of loss of or damage to labels, capsules or
• Wrappers, the loss shall be adjusted on the basis of an amount
sullicierit to pay the cost of new labels, capsules or wrappers. - .
-3: Other Ipsurance:"11 at the lime of Iasi or damage there is avail-
able to a'hamed or'.unnamed -Insured or any other interested party
dny other' insurance which would appiy in the absence of this:
Policy"; the insurance' under this policy shall apply only as excess
insuran-ad over such other insurance. -
t Impairment of Recovery Mains. Ant act.,or• agreement by the
Insured before or after Toss or damage whereby any .right of the
Insured to recover in whole or in part for loss or damage to prop-
. erty-covered:•heretindor against any carrier, bailee, or other party
liable:therefor:is released, impaired or lost, shall render this policy
dull -and. void,' but the •Company's right to retain -or recover the
. premium shall:not be affected. The .Company is not liable for .any
loss of •damage which, -without its written consent, has been•settled
or compromised ,by the Insured. Si. Misrepresentation and Fraud: ThitEBiitt4Ypphltyf.6tf¢jf'bg'. v-otk{:]'
1f,. whether before or alter' a' loss, tine Insured has concealed or
misrepresenled''any:material fact. or circumstance concerning. this
insurance, orahe'.subject, thereof,;or the interest of the Insured there,-
i�i, or•m•-case,ol any+lraudior;falseswearing by the Insured relating
6'. t Nb6ce- of Losa. The..lrisured,3hall,as span as;practtcable ;report
writing -to -,the Company -.or mits�'agent. every loss, damage:or
occurrence. which ay. give rise, to; a claim under this” policy 'and
• 'shaft also 'life "wilh'the 'Company or its agent within. ninety (90)
days.. ramdateol,discovery of such loss, damage or occurrence, a
detailed sW¢rhn#A01 of loss. _ - _
7i:Examinaliou Under+Oath: The Insuredas often s may be rea-'
"sonab y required„ shall ezhibii to .any p'earsb1 designated by the
_ Company- aIk.,thab-remains of -any property :herein -described, •and --
shaIV ubmit, and n so tar as is within his or their powercause. hi::
s -ol t !household and others to submit I
15 bi'bath$y at5 jl•pef'son named by the Company
11.e e; and as often -al may he reasonably re
quiresti yd>al � ry ti °T!writings. books of account,
�^
.!fills mvbtc�s and dr 'V ' xv ueFs. - r
b-bertified copies thereof if ,
originals be'lest, at such.'reasonable time and, place as may be
dewignated,by. the €orgpany ,P ,tts.rePrenentative,and shall permit
ektracta and, Conies thereof lobe rnade 914o such- examination under
oatfi,tor examination(tif ibooks.•or elbsumente nor any other act, of
- the Comphdy'bre ny dt'its, employees. or represenlativee to cohnee-
tion vhth t}ie.lnYdslJgohan'ot-dap_ los3; or clarin'h&reonder. sliall be
deemed a. wan J Y of any -'defense whtcM' the Company' might' ather-
wige have ivttfi-Fsspegt ,to;any, lose or, claim bill all such exarnina-
0ons andiacts,elvall.be�deemed to have beeo_rgpda;,or done without
pfejradice to' Ihe'ColtSpttnyscfability. -
8 2V UATIO CLQ - NY SHALL NOT BE -LIABLE BEYOND
TWACTUAL Vll'j� ; • WE PROPERTY AT114£ TIME ANY
.LOSS' OR DAMAGE OC r t• AND THE LOSS OR DAMAGE SHALL
•HE:f19CERTA OR'ESTmtATED ACCOBDING.TO'SUCH"ACYUAL'
Qt
-_ATH PROPERDEDUCTIONFOR DEPRECIATION.
.HOWEVER CAUSED. AND SHALL IN NO EVENT -EXCEED WHAT
IT WOULD THEN -COST TO REPAIR .OR REPLACE THE SAME WITH
MATERIAL• OF :LIRE KIND AND QUALITY.
9.: Settletnent n! Lose: All adjusted . cla cols ;;hall br.-timid or. niaelc
good to -the-It-ranted -wikhin sixty (60) days alter presentation and
•
•
adceptance of satisfactory proof of interest and lots at -the office 6f •
the Company. No loss shall be paid or made good if,the Insured has
collected the same from others.
.. r
40. No Benefit to Bailee: This insuranceiri • nowise' inure
directly or indirectly to. the benefit of any carrier or other bailee.
•f.
11. Subrogation' or Lean. II iri -the event of -loss or damage -Abe..
Insured shall acquire any right of action against -any in&ividual.
firm or corporation for loss oi, or damage lo; property. covered here-
under, the Insured will, •if requested by the Company, assign .and -
transfer such claim or right of action lo, the Company „or, at the.
Company's:option, execute and deliver to the Company the custom:
ary form of loan receipt, upon receiving an advance of funds' in
respect of the loss or damage; and will subrogate q e Comdai'ry'1o,
or Will hold in trust for the Company, all such rights of action: to
the extent of the amount rxrid cr (Java:iced, aid: will permit suit}o
be brought •in the InsurOri'r'. noun. :rnd.:r the di:eclicn of•arid al the
expense of the Company. - -
12. Loss Clause. An .loss hafeucdor shall roCreduce'the"ar;biiri•df`-
this policy, except in the event of payinent•ofclairh Ior ict^-i.Iosii of..
an item .specifically scheduled hexon If_claim i pcid.for totol. lots.;
.a;�;one or lore scheduled Items theunearned-prerrium"aaonaable
14 suiih''ite:ns will be refunded to )lie, Insured Or applied fo this,
premium due on iten(c) rep -acing those on' whicki'the claim .was•
paid
•
-13. Pair. Set or Parte.In the. event o'•lo•s of at darnage•.to
_(a): any article pr .articles which- are a; part, of o .pair. or set the
Mee -Mine of loss :tit dridnmag e'.tc"suctti. article:or articles shall b'ec
.reasonable -and fair, piopo tiori• cf 'the total value . -
giving consideration to the importance of said article or •crldes,
'but in •no.:event.shall .such toss or darnage be construed- to mean, --._
total loss of the pair or set,.or.
(b) any part ol, property•covere8 consisting, when completefor use.
"of several parts; -the Galivant .shall- only- he. llatile for•the vahte o]'.
the part lost or damaged. -,, .-`
14. Protection of Property. In ease :of loss; it.Shall. be>tawful. and:rrj
.necessary:for this Insured; his or •their. factors, serjants'and assigns,
to sue, labor, and trove -for, in.and-,about the defense; safeguard:., ?'
and recovery of the property insured hereunder or any part thereof -
without prejudice to this insurance, nor shall-th o is of. the In urea
bribe Company, in recovering, saving and preserving the p op_tty
insured in case of loss be considered a waiver a. ar.,acceplan_e of
iabandoiiibleLUi'1k£re eirineSsieit ko ;.i¢curred shall be borne "by the
Insured and the Company proportionately - to the 'extent cF
respective interests. - •'
1S - Atiandelmmeht There con be io abandonment to the carpariy
;ob a11y'. proper'tY ?:::.... -�. __r�':
16. Suit. No suit, action or proaeedinq for, the .r covert' of any
claim under this policy shall be a -oi able in any ccut e
or equity unless the sante be commenced within twelve r(12) months -
next alter discovery by the Insured othe ocdurrence occurrenceAhicn ayes' s,
rise to the claim, provided '•owever, t' - n by the laws Or-thState •'
.within.. which -this policy is ssiie:9 suet+ liinita lou as mvaha t''e,., -.:
any such claims shall be voteh{{ a}dess such action taint dr,igkpeedng"
be ccnimenced within the shc}t(th:t titr ! 'a("lily per^1-t?ted lit'' the+C IC;
taws o1 such State. - .. • '
17. Appraisal.• If the Insured and the.Cotnpany-tail -to agree
rho.. am'iml el Ir.a, .,irtd hr+ll, n -U wrl ;ten :>deirland • it liner "
:nadawithinsixty (CO) day • atter we. -rpt iif t h,:t -r I •1 ,n i y Ile';•
"Cotnpariy;;select a competenttand disinterested appraiser, and the
:appraisal' shall be made. at a reasonable time andpldce. The ap-
praisers - shall fjrst select a competent..and disinterested umpire, and
failing:16r fifteen (15)'Clays to -agree upon such umpire. then; on the
: sequest',of .the• dnsured or the Conipaby, such umpire shall be
. selected by: a `judge bf -a court of record in the State in which such
`appraisal s.."pending: The appraisers -shall then appraise the loss;
statingseparately theactual-_cash value at the time of tIoss and..the
'amount pf.loss and'lailing, to• agree -shall submit their: differences to
bfie umpre• An:award in writing of .any two shall :determine the
amount of -doss. "The. Insured and. the Company shall each pay his
`
- or its chosen"appraiser and ,hall bear. equally the other expenses
o1: the appraisal ,and umpire. The Company shall' not be held' to
-have--Waited tan.y of Its rights by any act:relating, to•dppreisal.
.18: Caneellallon This'po)icy. may be -cancelled by .the Insured by
-surrender, thereof to the :-Company. or. -any --of its authorized agents
,or"by mmling to the; Company ;written' notice. stating when there
'
.after such,;ziinoellation-shall be. effective.: This policy-may.-be.can-
celledby;the Compdny"by• mailing'to-the Insured aut. the 'address -
shown In'this policy.: or :lost known-.' address written notice slating.
when nbt less than live (5), days therealtec such. cancellatioh shall
T be. effective.: The mailing of notice as aforesaid shall" be. sufficient
"proof of notioe'The; time bl.surrender•or,! the.;eflective. date of the-:
"-Can a ellauon'stated' m -lire -notice shall become the end of the -policy
•nitatiodt.,•Deliietyt.oft such',wntten notice: -either by the Insured or by.
kt.the.•Company; shall ,be :equivalent to mailing. , a
If the Insdred cancels, earned premiums shall be •conputed in, ac-"
cordance with the customary short rate table. and procedure. lf' the, ..
Company. cancels,:earned premium shall. be coniputed..pro_ rata,:'
Premium adjustment may be trade al the time cancellation is effect •
ed and, if not then made, shall be made as -soda as practicable after : _
cancellation becomes effective. `The Company s checkl,or, fhe. check
of its representative' mailed or delivered'as aforesatdshall 'be: sufli'>-r,r.t..-•
tient tender of -any rotund. of .premiiirit due. to the Insured.,' - .
. 19. Changes.- Notice to any agent or -knowledge possessed by any'
agent or by any other person shall not elfect.a waiver. or,a change
int anypart of this.policy or estop the Comm
pany fro.assertirg cny.•''a
right under the terns of this policy nor ?shall [he terms.: of ibis policy
be waived or changed except, by endorsement.)ssued.;to dorm -a• a• -
•
f -this
part'apolicy'`: :. - n• _.. ,
r : 20: Conforinity• ta' Statute. • Terms of this policy which areu
P.
flict wilh:'the statutes of the State wherein this - - .ern:•
hereby amended to_ conform to such,.statutes. policy L. '
_Is seri are_
21., Civil Authority. Property covered under this'policy'agalnst the'
per]offire is also covered against the risk of damage or dest uc=
tion. by civil authority during a conf agration: e,';and for. the purposn_'
61 retarding the.same; provided that neither such. conflagration:nal 7
such damage or. destruction • is caused. or contributed.to.'by,
-otherwise excluded.. herein. • •
• .1N- WITNESS WHEREOF, the. Company has caused this policy to be executed and attested, .but •this policy shall not,be valid. unless counter--•
signed by a duly authorized.representative of the Company. ., - -
••• • ..•
•.. SECRETARY
SPECIAL STATE PROVISIONS
xANSAs. Suit. 1f this policy is issued in the Slate of Kansas,- the words "five (5)
do Condition;,16. . -
•
TEXAS. -Notice of Loas and Suit. If this policy is issued in the State ol. Texas, the words "ninety-one (91)" are substituted for the word
• ninety (• 90)` in, Condition•6 and the words "two (2), years and one (1) day" are substituted for the words "twelve '(1^` ---^-
l.onditioriml6. - .. - ,
PRESIDENT
years" are substituted for the viords "twelve -(•12) months:'
.IiLnjna c.• • -.
345174(6.80)x.345175(6780),
Page 3of3
THISeOL1CY • Is MADE ANO ACCEPTED -SUBJECT TO "THE. FOREGOINGR
POVISIONS' AND sTIPuiATrONs'ANIS THOSE' HEAEINAFTER [STAtEO WHICH :SSE' HEeEBV
•
MAGE A PART., of ;THIS POLICT,yiOGETHER: WITH sUCH.. ,OTHEN„PROVISIONS STIPULATIONS• AND AGR EEME NTS :'AS 'MAY BE ADDED HERETO.: AS;PROWS/EC IIN..
Tf7ACH£0A24B"BELOW_THIS'LINE_ ;
•
INSTALLATION FLOATER - PART 1
(PART ONE OF TWO PARTS) •
PROPERTY AND INTERESTS COVERED
This,,policy. covers materials, supplies, machinery, equipment and fixtures, property :of the Insured or
•'similar property of others- for which the Insured has assumed liability and which. the 'insured has'con-
tracted to install or_ erect,.. provided the values of such property ofothersare included in reports as re-
• quired elsewhere;; if this policy is written on a reporting form basis.. If this policy is written on ,a non -
reporting` basis, such values of property, of others shall be included in 'the computation of the actual cash
value m the application of the coinsurance clause appearing elsewhere in this.policy. -
2 PROPERTY -AND INTERESTS EXCLUDED.
This:policy does not cover:
a.. Machinery, tools and equipment not destined to become a permanent part of the installation erectionor.
price andprovided a premium been paid
except, property, the cost of which is included in the contractp
•
thereon -. -
b. Property ,while • on premises owned, leased or controlled . by the Insured unless the property is
designated fOra'apecific installation covered hereunder; -
. c; .Trees, shrubbery, lawns, grass or plants; '
d. Landorland values;
e.:Mechanical drawings, architect's drawings, plans, blueprints, designs, records orspeci,hcations.
1 Property while waterborne, except while in transit on land conveyances on any regular ferry or. .
carfloat,'while operating on inland waterways only, and then the Company shall be liable hereunder only :;
• for loss or damage directly caused by the stranding, sinking, burning or collision of the ferry, incl •
uding•
General Average and Salvage charges; '
g. Property while airborne; except while in transit on scheduled airlines;
h. 'property .while on the premises of.manufacturers or suppliers, whether or not designated for a specific
•
installation covered hereunder;.
i..'fenaltiee.for•pr. expenses incurred as a result of delay in completing, of contract terms or conditions of.
noncompliance with contract terms or conditions or from any guarantee of performance -or production;
•I. Interest on money loaned or advances for installation and charged to the project by the owner(s).
3. DURATION OF COVERAGE
.This policy attaches from the time the property is at•the risk of the Insured, and except as excluded
elsewhere in this: policy, covers continously thereafter during transit, while awaiting and during installa-
tion, and terminates when;
'a. The interest of the Insured in the property ceases, or
• b: The•installation or erection of the property is completed or accepted as satisfactory, or
.POLICY NUMBER' .
ONE OF THE
", • FtREMAN'S FUND INSURANCE COMPANIES
INSURED •
PRODUCER'.
EFFECTIVE.
c_ The,policy expires or is cancelled,
whichever of the foregoing conditions first occurs.
4.1.VALUATION AND. LIMITS OF LIABILITY
This Company. Shall,be liable for the actual cash value of the property at the time of loss, including -labor • ...
and other charges ,and expenses accrued thereto, but not exceeding the anlount'which it would:cost to% •,
repairorreplace the property with mateii'alrof like kind and'quality within a reasonable time after such`
loss;. but in no event shall this Company be liable in any one loss for more than the limits scheduled,in
Fartll,of this Policy.-.
.-DEDUCTIBLE -
Each claimffor,loss, damage or expense (separately occurring) to property insured hereunder shall be ad
justedseparately and from the amount of each such adjusted claim or the applicable limit :ofliability,
whichever Is Ieet the deductible amount specified elsewhere in this Policyshall be deducted.
fi. PERILS INSURED
This Policy insures against all risks of :direct physical loss of, or .damage to .the property covered- .
hereunder- front 'any external cause (including General Average and Salvage Charges to shipments
covered while waterborne) except as provided elsewhere in this Policy.
£ 7. PERILS.NOT INSURED
This Policy does not insure against:
a. Unexplained loss, shortage disclosed on taking inventory, or mysterious disappearance, except proper--.
tyInthe custody of carriers or bailees for hire;
b Loss, damage or expense caused by, resulting from, contributed toi or aggravated by (1) earthquake,,
(2) Velcanic'eruption, (3) I2'ndelide, or (4) other earth movement; unless fire or explosion ensues:and then:
only -:for: the: loss, -damage or. expense caused by or resulting from such fire or explosion provided the.,
perilsoffire or explosion are not excluded elsewhere in this policy. This exclusion does not. apply to pro
perty:in`due course of transit, •
b LOss,'.damage or expense. caused by Or resylting from .inherent vice,.latent'; defect; wear and. tear 5
. gradual deterioration, rust, corrosion; dampness or dryness of atmosphere, freeiing,. or other of •`
temperature i. . .
- d Losm
s;,daage'or expense caused by or resulting from the infidelity and dishonesty, either or. both or:,.
any criminal act of„theInsured,' or any person or persons in the employ of the Insured. whether or not
such actor acts occurred during the regular, hours of employment;
e. Loss, damage or expense caused by or resulting from delay, loss or market, loss-of..use, or interrup`;
t onof business; ' ' .
f.War Risks as set forth in the War Exclusion Clause in the printed "Exclusions” of this Policy;
`g NuctOr Incident asuset forth in the Nuclear Exclusion Clause in the printed Exclusions `of this Policy: --
h:, Loss;;damage or expense caused:by, resulting from, contributed to, or aggravated b`y.flood, rfieaning a
general.and temporary condition of partial or complete inundation of normally dry land areas from' (1)'the
overflow of inland or tidal waters, (2) the unusual and rapid accumulation or runoff of surface waters from
any:. source, or (3) mudslides which are caused or precipitated by accumulation of water on or under: the
ground;:unless fire -or explosion ensues, and then only for the loss, damage -or expense caused by br
'resulting Worn such .fire' or explosion, provided the perils, of fire or explosion are not excluded elsewhere
: in this Policy;: This exclusion shall riot apply to property in due course of transit;
1. .1 .: -.The cost of making good:faulty or defective workmanship or,material, but this exclusion shall not, -apply:.
to physical 'damage to other property insured under this policy resulting from such faulty or defective :• '
workmanship -or material;
j. Loss, darnage or expense directly or indirectly caused by or resulting from fault, defect, error or omisa
sion in design, plan or specifications, Unlessfireor explosion ensues, and then only for the loss;.damage;.
or expense caused by, or resulting from euch ftr6.orexplosion,;provided the perils of fire or explosion are.:
not excluded.etsewhere in:this Policy;
•
POLICY 'NUMB
ONE Or THE
FIREMAN'S FUND. INSURANCE COMPANIES
AS NAMED IN THE POLICY •
345175-6.80
rJEy•DENT
PRODUCER
cOU
ERSiGNAIURE.OF AUTHORIZED AGENT
.
• COMPLETED
` INSTALLATION
VALUE.
.
1..
FLOATER --PART
N01:4 -REPORTING
(Part Two of Two Parts)
11 •
ENDORSEMENT.
•
NATURE
• RELOCATION AND ADJUSTMENT
OF PROPERTY COVERED
OF SEWER LINES .
LOCATION
OF
-PROPERTY COVERED
Installation
Storage
Site. Location
• 1 .CITY.'OF:.FAYETTEVILLE• '[X LI
-
4...: i
a
i: .0
i LI -
DEDUCTIBLE
AMOUNT
$ _250.
COINSURANCE PERCENTAGE
100 %MINIMUM
PREMIUM $ -75 __
LIMITS OF LIABILITY.. '
A':
$ _79,257• at any one
Installation Site described above;
B
$.. -N/C ., • • at any storage
location other than at the Installation Site;
C
$• .., 5,000. any one
loss with respect to property in transit; nor more than
D
•
'$ 79,257. .. in any one
loss,
disaster or casualty, either in case of partial or total'loss or salvage'.'
charges,
or
any othercnarges. expenses or all combined. '
•
COINSURANCE'
CLAUSE.
In consideration of the reduced rate at which•this Policy is written, it is a condition of this policy`that in
_the:event of loss, this Company shall 'be liable for no greater proportion thereof than the amount hereby.
lnsdred bears to an amount equal to the percentage specified above applied to Ole actual cash value of ".
the property
insured hereunder at the time such loss happens. If this Policy covers two or. more installa-
tion.sites,
-the foregoing shall apply. to each installation site separately. Application of
this clause shall
not apply to the amount shown in Items.C. and D.
MINIMUM'PREMIUM'.
The total
annual earned premium for this Policy shall in no event be less than the minimum premium
• specified above.
POLICY 'NUMB
ONE Or THE
FIREMAN'S FUND. INSURANCE COMPANIES
AS NAMED IN THE POLICY •
345175-6.80
rJEy•DENT
PRODUCER
cOU
ERSiGNAIURE.OF AUTHORIZED AGENT
a.
kir
This policy is hereby amended to delete as additional named
insured, the followings McOoadwin-Williams & Yates.
The falloying is hereby added as an additional named insureds
WE CITY or rAymmuzz
ALL OTHER C0NDtTXONS =MATO THE SAME
POLICY NUMBER -
INSURED
EFFECTIVE
2-54 -4777158
COMBS • commence COMPANY
9-23-81
FIREMAN'S FUND INSURANCE COMPANY
PRODUCER
THE AMERICAN INSURANCE COMPANY
NATIONAL SURETY
INDEMNITY
CORPORATION
CORPORATION
/py
���CQ
-
'••:
AMERICAN AUTOMOBILEASSOCIATED
INSURANCE COMPANY
N
NA •
OFA RIZED
AGENT
PRESIDENT 70.X
�t/-e o
0-19-81g! 81g!
180009-6-65 SETS
October 19,. 1981
Mr. Gary Combs
Combs Construction Company
P. O. Box 783
Fayetteville, Ar 72701
Rebsamen
Insurance
NATIONAL SURETY - MSF 477 71 58
Enclosed is the endorsement deleting all
applicable to McGoodwin-Williams & Yates
captioned policy effective September 23,
trust this to be in order.
provisions
under the
1981. We
As you see, we have added The City of Fayetteville
as an additional named insured under the captioned
policy effective September 23, 1981. We trust this
to be in order.
We do appreciate the opportunity to be of service to
you and look forward to hearing from you at any time
we may be of any assistance or if you have any
questions.
PHIL DEPRIES
9J/
encl
cc: McGoodwin-Williams &•Yates
909 Rolling Hills Drive
Fayetteville, Ar 72701
City of Fayetteville
City Engineering Office
Fayetteville, Ar 72701
INSURANCE • BONDING • RISK MANAGEMENT
DIVISION OF REE3SAMEN COMPANIES, INC./ 1500 RIVI:RFRONT DRIVE/PO. BOX 3198/I-ITTF ROCK, ARKANSAS 722031(50') 661-4800
•
Gni
•
This policy is hereby am enced tc delete ea additional .named
insured, the fo'liowings Oodwin-Wilir 4 Matas.
The following is hereby added asan additional named insutTHE ecl=
'CM or PAYETTitLLB
ALL OTIMR CONLYITICCS REHMV o SAW
POLICY NUMBER
2-54 -4777158
INSURED
CONSTEWCTI4 COMPANY
EFFECTIVE
9-23-81
FIREMAN'S FUND
THE AMERICAN INSURANCE
NATIONAL SURETY
ASSOCIATED INDEMNITY
AMERICAN AUTOMOBILE
INSURANCE COMPANY
COMPANY •
CORPORATION
CORPORATION
INSURANCEQCOMPANY
.� bi PRESIDENT
PRESIDENT �O_X
PRODUCER
. ow.:•.y. I NSORANCS
{Q� y�S;y
0'r
j;
E OF AA ORIZED
/ .I
AGENT
lily iUNTIERSiGN A
/jlG�
1Q-19 lq
180009-6.65 SETS
O O
ccorci®
STOPS
ARROWS
THIS
Til15
CERTIFICATE
CERTIFICATE
AME AND ADDRESS OF AGENCY
IS ISSUED
DOEStNOT
AS A MATTER OF
AMEND, EXTEND
• Rebsamen Insurance
P. 0. Box 3198
Little Rock, AR 72203
NAME AND ADDRESS OF INSURED
Combs Construction Company Inc.
P. 0. Box 783
Fayetteville, AR 72701
ONLY AND
COVERAGE
CONFERS
AFFORDED
THE CERTIFICATE
LISTED BELOW.
COMPANIES AFFORDING COVERAGES
HOLDER.
COMPANY A The American
LETTER
COMPANY
LETTER
U. S. Fire
COMPANY C National Surety Corporation
LETTER
COMPANY D
LETTER
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 o may pertain, the Insurance afforded by the policies described herein is subject to all the
terms, exclusions and conditions of such policies.
COMPANY
LETTER
TYPE OF INSURANCE
GENERAL LIABILITY
COMPREHENSIVE FORM
PREMISES -OPERATIONS
EXPLOSION AND COLLAPSE
HAZARD
UNDERGROUND HAZARD
PRODUCTS/COMPLETED
OPERATIONS HAZARD
CONTRACTUAL INSURANCE
BROAD FORM PROPERTY
DAMAGE
D INDEPENDENT CONTRACTORS
• PERSONAL INJURY
12
AUTOMOBILE LIABILITY
COMPREHENSIVE FORM
• owNED
E I,�II HIRED
IdJ NON.OWNED
POLICY NUMBER
LA3074992'""' —�
LA3074992
POLICY
EXPIRATION DATE
515:82'
5-15-82
Limits of Liabil ty in Thousands (000)
BODILY INJURY
PROPERTY DAMAGE
EACH
OCCURRENCE
1000
sr'200
AGGREGATE
.s1;000. -
s r200
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
f
S
PERSONAL INJURY
BODILY INJURY
(EACH PERSON)
BODILY INJURY
(EACH ACCIDENT)
$
$
PROPERTY DAMAGE
S
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
1,000
$
B
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA
FORM
5231568267
5-15-82
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
E 1,000
$ 1,000
X
❑
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
254W065400525 --Binder
9-1-82
STATUTORY
$'100
(E.CH ACOOEN
OTHER
1'
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
Relocation and Adjustment of Sewer Facilities, Fayetteville, AR
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail 15_ 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.
ACORD 25 (1.79)
4.7
NAME AND ADDRESS OFCERTIFICAT HOLDER:
McGoodwin - Williams & Yates
909 Rolling Hills Drive
Fayetteville, AR 72201
DATE ISSUE
9-21-81 jvp/ah
moat. ORIZED ENTATIVE
•
F ebsannen
Insurance
1500 RIVERFRONT DRIVIICO. BOX 319B/L Ina ROCK. ARKANSAS 72201.15(111 Br)
aaxx BINDERUNTIL POLICY ISSUED
FIREMAN'S FUND
ICOMPANYI
DOES HEREBY ACKNOWLEDGE ITSELF BOUND DURING THE PERIOD OF THIS BINDER FOR SUCH COVERAGES LISTED IN ITEMS 2 AND 3
AS ARE INDICATED BY A LIMIT OF LIABILITY OR AMOUNT OF INSURANCE APPLICABLE THERETO ON THE RISK HEREIN DESCRIBED. SUB-
JECTTO THE INSURING AGREEMENTS. EXCLUSIONS. CONDITIONS. AND OTHER TERMS OF THE POLICY FCRM PROVIDED THE COMPANY'S
UNDERTAKING HEREUNDER SHALL BE WITH RESPECT ONLY TO SUCH COVERAGES AS ARE AFFORDED BY IT UNDER THE POLICY FORM.
1. NAME OF INSURED
Combs Construction Co., Inc.
P. 0.
Fayetteville,
Box 783 ADDRESS '
AR 72701
OCCUPATION
LOCATION OF RISK
Relocation and Adjustment of Sewer Facilities, Fayetteville, AR
'--
2. .AUTOMOBILE.
LIMITS
-_
INFORMATION
-
— _ LIMITS OF LIABILITY
- - -- -
AIRCRAFT OR GENERAL LIABILITY
OF LIABILITY
BODILY INJURY
PROPERTY DAMAGE
MEOtCAL PAYMENTS
EACH PERSON
Each Occurrence
Each Occurrence
EACH ACCIDENT
3. FIRE AND E. C.. AIRCRAFT, AUTO PHYSICAL DAMAGE, WORKMEN'S COMPENSATION
BURGLARY.'MISCELLANEOUS INFORMATION
LIMIT OF LIARILITY
OR AMOUNT OF INSUPANCE
All
$250
Risk Installation Floater
Deductible
79,257
A. A PREMIUM CHARGE IN ACCORDANCE WITH
THIS BINDER BECOMES EFFECTIVE SHALL BE MADE
.POLICY IN PLACE HEREOF SHALL RENDER THIS BINDER
THE EFFECTIVE DATE
HOUR STATED BELO
BINDER ANDLY R THIS CED BDY A ERMINAOLICY TESR C AT AT CEILS
THIS BINDER MAY BE CANCELLED BY THE INSURED
THEREAFTER SUCH CANCELLATION SHALL BE EFFECTIVE
SURED AT THE ADDRESS SHOWN ABOVE AND TO
THE THIRD BUSINESS DAY FOLLOWING THE DATE
NOTICE SHALL BE EOUIVALENT TO MAILING.
THE
THE
OF
OR
APPLICABLE
FOR
NULL
AL
BY
AGENT
MAILING,
RULES
THE PERIOD
Ay]TTT}/END
STANDA
N R'INAFTER
THE AGENT
THIS BINDER
WRITTEN
SUCH
VOID
AND
COVERAGE
AS
IIF—D
MAILING
RATES OF THF MANUAL IN USE BY THE COMPANY WHEN
15 IN EFFECT ACCEPTANCE BY THE INSURED OF A
OAF—HE EFFECTIVE DATE OF SUCH POLICY.
AT THE RESS OF E AS N THIS
ED DAY FOLLOW NG" THE S EFFECTIVE STATEDDATUNLESS
TO THE COMPANY WRITTEN NOTICE STATING WHEN
BE CANCELLED BY THE COMPANY BY MAILING TO THE IN-
STATING WHEN. NOT BEFORE 12 00 O'CLOCK NOON OF
SHALL BE EFFECTIVE. DELIVERY OF WRITTEN
BY
MAY
NOTICE
CANCELLATION
THIS BINDER EFFECTIVE
DAtE 9-23-81 HOUR 12:01 a.m.
THIS BINDER ISSUED
DATE9-23-81 jvp/ah „DDR
REBSA/
BY
N -INS
el
NC
PNIL—DE-PRTFS1
Is:..Loss or damage to electrical systems, devices, or equipment (including wiring) due to short circuiting,
blo±yout'orother electrical injuries or disturbances caused by electrical currents artificially generated,.
unless fire ensues, and then only for the loss, damage, or expense caused by or resulting from such fire;
provided the peril of fire is not excluded elsewhere in this Policy;
I. •Loss,.damage or expense caused by or resulting from mechanical breakdown or derangement including
rupture, bursting or disintegration of: . .
(1) Steam boilers; steam pipes, steam turbines, steam engines; or,
(2) Rotating parts of machinery caused by centrifugal force,
unless'fire ensues, and then only for the loss, damage or expense caused by or resulting from such fire,
provided the peril of fire is not excluded elsewhere in this Policy;'
m. Loss, damage or expense occasioned. by order of any government authority or by enforcement of any
local. or state ordinance or Iaw regulating the construction,repair; or demolition of buildings(s) and struc-
n. Loss; damage or & ensecaused by or resulting from testing;
o. Loss',damage or expense covered under any, guarantee or warranty (expressed or implied). by any':con-
tractor; manufacturer or'supplier whetheror not such contractor, manufacturer or supplier is an Insured'
under this Policy.
DEBRIS REMOVAL'
This Policy also covers expenses incurred in the removal of all debris of the property insured hereunder,:
;which` may be occasioned by loss caused by any of the perils insured against in this PoIicy. Insurance on
such expenses shall apply in addition to insurance otherwise provided by this Policy. The liability: of •the
Company` as respects such expenses shall not exceed the difference between the amount of loss other-
wise covered by this policy,and the applicable Limit of Liability, plus the lesser of (1)or(2) below:
(1) 5%of:the applicable Limit of Liability; or
• (2).:$50,000.
In 'no event shall this Policy cover against expenses occasioned by the enforcement 'of any state or
municipal law o'r ordinance unless such liability is specifically assumed elsewhere in this Policy.
9. ADJUSTMENT AND PAYMENT OF LOSS.
Loss,: -if any hereunder, may, at theoption of the Company, be adjusted with and paid
Customers of. the Insured, or to the owners of the property.
;10. RELEASE•OF CARRIER'S LIABILITY
The Insured may accept released value Bills of Lading from Common Carriers.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
•
SPECIFICATIONS
RELOCATION AND ADJUSTMENT
•
OF
SEWER FACILITIES
FAYETTEVILLE, ARKANSAS
;//
CONTRACT
FAYETTEVI LLE
SCANNED
RELATIVE TO RECONSTRUCTION OF HIGHWAY 71 FROM
HIGHWAY 71 BYPASS TO HIGHWAY 68
Arkansas Highway Commission Job No. 4834
Plans Na Fy-84
Dated April 1981
McGoodWn, Williams and Yates, Inc
Consulting Engineers
Fayetteville Arkansas
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
II
•
•
'INSURANCE
Type of Policy
Expiration
Date
General Liability 5-15-82
Automobile Liability 5-15-82
Excess Liability 5-15-82
Workers! Compensation
& Employers' Liability 9-01-82
All Risk Installation Floater Binder
Owner's & Contractor's i
Protective Liability 9-21-82
Renewed to
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1r
/1
CHANGE ORDERS
Increase or Decrease Adjusted
No. it Cocitract Amount Contract Price
•
Days Added
to Contract
SPECIFICATIONS
•
RELOCATION AND ADJUSTMENT
OF
SEWER FACILITIES
FAYETTEVILLE, ARKANSAS
RELATIVE TO RECONSTRUCTION OF HIGHWAY 71 FROM
HIGHWAY 71 BYPASS TO HIGHWAY 68
Arkansas ' Highway Commission Job No. 4834
Plans No. Fy-84
Dated April 1981
McGoodwin, Williams and Yates, Inc
Consulting Engineers
Fayetteville, Arkansas
•
TABLE OF CONTENTS
Section No.
Advertisement for Bids 1
Instructions to Bidders 2
Certification of Bidder Regarding Equal Employment Opportunity - 3
Certification of Proposed Subcontractor Regarding
Equal Employment Opportunity 3
f
Wage Rates 4
Proposal 5
Contract 6
Performance Bond and Payment Bond 7
General Conditions 8
General Specifications:
Pipe Sewers 11
Detailed Specifications: Section No. and Page
1. Scope of the Work 17-1
2. General Specifications 17-1
3. Completion Time] and Liquidated Damages 17-1
4. Safety and Health Regulations and Contract Requirements 17-1
5. Quality of the Plans 17-2
6. Elevation Data 17-3
7. Land and Right of Way 17-3
8. Open Specifications 17-3
9. Notice to Proceed 17-3
10. Payment -- 17-3
11. Payment for Extra Work 17-3
12. Continuing Responsibility of Contractor 17-4
13. Independent Laboratory Inspection 17-4
14. Protecting and Replacing Utility Services 17-4
15. Sequence of the1Work 17-4
16. Fences - Cutting and Repairing 17-5
17. Sewer Line Construction
A -General Line Construction 17-6
B . Sewer Pipe . 17-6
C. Sewer Excavation and Pipe Laying 17-6
D . Rock Excavation for Sewers 17-6
E . Pipe Laying' 17-7
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
•
Sewer Line Construction (Continued)
F. Pipe Bedding
G. Trench Backfill
H . Manholes
I. Cast -In -Place Manholes
J . Cleanup
K . Infiltration-Exfiltration Tests
18. Final Inspection
19. Materials of Construction
A. Vitrified Clay Pipe
B . Manhole Rings and Lids
C. Concrete for Manholes
D . Pipe Bedding Gravel
20. Methods of Measurement and Payment
17-7
17-7
17-8
17-8
17-9
17-10
17-12
17-13
17-13
17-13
17-13
17-14
[Ti
J
ADVERTISEMENT FOR BIDS
' Notice is hereby given that sealed bids will be received by the City of Fayette-
ville, Arkansas until 2:00 p.m. on the 8th day of Sept. , 1981, for furnishing
all tools, materials and labor and performing the necessary work in constructing
' Relocation and Adjustment of Sewer Facilities, consisting of approximately 2,662
feet of 15 inch vitrified clay pipe sewers, together with manholes and related
work.
' All work, materials and construction shall be in accordance with the plans,
profiles and specifications. Said plans, profiles and specifications are on
file in the office of the Fayetteville City Clerk, and in the office of McGoodwin,
' Williams and Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayette-
ville, Arkansas 72701. Copies may be obtained from the office of said engineers
upon the deposit of $25.00, which will be refunded to bona fide bidders who
' return the plans.
Contractors shall make such inspection and studies of the site of the work as to
familiarize themselves thoroughly with all conditions to be encountered.
Each bid must be accompanied by a.cashier's check or surety bond in the amount
of five percent of the whole bid, said bond to be issued by a surety company
' licensed to do business in Arkansas. Said bond or check shall be retained as
liquidated damages in the event the successful bidder fails, neglects or refuses
to enter into contract for the construction of said work and furnish the necessary
' bonds within ten days from and after the date the award is made.
Bids must be made upon the official proposal sheets contained in the specifica-
tions, and such proposal sheets shall not be removed from the remainder of the
' contract documents. All bids shall be sealed and the envelopes addressed to
the City Clerk, City of Fayetteville, Drawer F, Fayetteville, Arkansas 72701.
All bids shall be plainly marked on the outside of the envelope that it is a
bid for Relocation and Adjustment of Sewer Facilities, and the time for opening
of bids. The name of the bidder shall also be shown on the outside of the
envelope. Bids will be opened at the above specified time. .
' The attention of all bidders is called to the fact that they must be licensed
under the terms of Act 105 of the 1965 Acts of the Arkansas Legislature.
' The Board of Directors reserves the right to reject any and all bids and to waive
any informalities in the proposal deemed to be in the best interests of the city.
The Board further reserves the right tow thhold the awarding of the contract for
a period not to exceed 30 days after receipt of bids.
' Dated the day of , 1981.
I
I
Vivian D. Koettel, City Clerk
1-1
G
I
r
C
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CI
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II
LJ
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I
INSTRUCTIONS TO BIDDERS
1. EXAMINATION OF SITE AND DOCUMENTS. Bidders are advised that the plans,
profiles, specifications and estimates of the Engineer on file in the office
of the official as set out in the Notice to Contractors shall constitute all
of the information which the Owner shall furnish. No other information given,
or soundings made by the Owner or any official thereof, prior to the execution
of said contract, shall ever become a part of, or change the contract, plans,
profiles, specifications and estimates, or be binding on the Owner. Prior to
submitting any bid, bidders are required to read carefully the specifications,
contract and bonds, to examine carefully all plans, profiles, and estimates,
to visit the site of the work to examine carefully local conditions, to inform
themselves by their independent research and sounding of the difficulties to
be encountered, and to judge for themselves of the accessibility of the work
and the quantities and character of the materials to be encountered, and all
attending circumstances affecting the cost of doing the work and the time
specified for its completion; and to obtain all information required to make
an intelligent bid.
Bidders shall rely exclusively upon their surveys, estimates, investigations,
soundings and other things which are necessary for full and complete infor-
mation upon which the bid may be made and for which a contract is to be
awarded. The Proposal,, providing for unit and lump sum prices bid by the
Contractor, contains a statement that all bids are made with the full know-
ledge of the difficulties and conditions that may be encountered, the kind,
quality and quantity of the plans, work to be done, excavation, and materials
required and with full knowledge of the plans, profiles, specifications and
estimates and all provisions of the contract and bonds. The submission of a
bid shall constitute the acceptance of these provisions.
2. APPROXIMATE ESTIMATE OF QUANTITIES. The Engineer's estimate of quantities,
approved by the Owner •and on file in the office of the official as set out in
the Notice to Contractors, is approximate only, and shall be the basis for
receiving unit price bids for each item, but shall not be considered by the
bidders as the actual quantities that may be required for the completion of
the proposed work. Such quantities, however, at the unit and lump sum prices
bid for each item, shall determine the amount of each bid for comparison of
bids and aid in determining the lowest and best bidder for the purpose of
awarding the contract, and will be used as a basis for fixing the amount of
the required bonds.
3. BIDS AND BIDDING FORMS. A copy of the plans, profiles, specifications,
Engineer's estimate and bidding forms may be obtained as provided in the
Advertisement for Bids.
All papers bound with or attached to the Proposal forms are necessary parts
thereof and must not be detached.
Bids must be made out lin ink on bidding forms included as part of these speci-
fications. Bids shall be sealed and addressed to the Owner, as given in the
advertisement, and the title of the project, the name of the contractor submitting
the bid and the time and date for receipt of bids written on the envelope.
1
Instructions to Bidders
' 2-1
Li
No bidder shall divulge the information in the sealed bid to any person whomso-
except those having a partnership or other financial interest with him
in the bid, until after the sealed bids have been opened.
Bids which are incomplete, unbalanced, conditional, or obscure, or which contain
additions not called for, erasures, alterations or irregularities of any kind,
or which do not comply with the Instructions to Bidders may be rejected as
informal at the option of the Owner. However, the Owner reserves the right to
waive technicalities as to changes, alterations or revisions and to make the
award in the best interest of the Owner. '
4. UNIT PRICES AND FILLING IN BIDDING FORMS. Bidders must state a unit price
for each item or work named in the Engineer's estimate of quantities of work
to be done. Unit prices shall include amounts sufficient for the furnishing
of all labor, materials, tools, equipment and apparatus of every description,
to construct, erect, and finish completely all of the work as called for in
the specifications or shown in the plans. Unit prices bid and totals shown
in the Proposal shall not include any of the costs of engineering, advertising,
appraising, or printing.
The price bid for each item must be stated in figures and in words in the
appropriate blank spaces provided on the bidding forms. The figures must
be clear and distinctly legible so that no question can arise as to their
intent and meaning. In case of a difference in the written words and figures
in a Proposal, the amount stated in the written words shall govern.
5. PRICES BID TO BEAR RELATIONSHIP TO COST OF WORK. Prices bid on the various
items in the Proposal shall bear a fair relationship to the cost of the work
to be done. Bids which appear unbalanced and deemed not to be in the best
interest of the Owner may be rejected at the discretion of the Owner.
6. SIGNATURE ON BIDS. If the bid is made by an individual, his firm name must
be given, and the Proposal signed by him or his duly authorized agent. If the
bid is made by a partnership, the firm name and the names of each member must
be given, and the bid signed by a member of the partnership, or a person duly
authorized. If the bid is made by a company or corporation, the company or
corporate name must be given, and the bid signed by an officer or agent duly
authorized.
Powers of attorney, properly certified, for agents and others to sign bids must
be in writing and filed with the Owner.
7. BIDS OF SUBCONTRACTORS. The general contractor will be required to furnish
the names of subcontractors and the amounts of their subcontracts as required
by Act 183, Arkansas Acts of 1957. The subcontracts may be for mechanical,
electrical, roofing, and sheet metal work. Subcontract amounts must be sub-
mitted on a separate list in a sealed envelope and must accompany the bid
Proposal. The subcontractor's name and license number shall appear on the
outside of the sealed envelope. Subcontractors must be licensed according
to the laws of the State of Arkansas.
Instructions to Bidders
2-2 '
•
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8. WITHDRAWAL OF BIDS. Permission wi115.not.,.be�granted to withdraw or modify
any bid after it has been filed. Requests for non -consideration of bids must
be made in writing, addressed to the governing body of the Owner, and filed
with the representative of the Owner designated to receive bids before the
expiration of the time limit for opening of bids. After other bids are opened
and read, the bid for which withdrawal is requested will be returned unopened.
9. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in
accordance with the requirements of Act 150, Arkansas Acts of 1965, the
"Arkansas State Licensing Law for Contractors." Bidders who submit proposals
in excess of $20,000 must submit evidence of their having a contractor's
license before their bids will be considered, and shall note their license
number on the outside of their Proposal.
10. QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS. Each bidder, if requested
to do so by either the Owner or the Engineer, shall furnish satisfactory
evidence of his competency to perform.the work contemplated. The Owner
reserves the right to reject a bid if the bidder has not submitted, upon
request, a statement of his qualifications prior to the date of the opening
of bids.
11. DISQUALIFICATION OF BIDDERS. Any one or more of the following causes
may be considered as sufficient for the disqualification of bidders and the
rejection of bids:
More than one Proposal for the same work from an individual, firm,
partnership, or corporation under the same or different names.
Evidence of collusion among bidders. Participants in such collusion
may receive no recognition as bidders for any future work.
Unbalanced Proposals in which the prices for some items are out of
proportion to the prices for other items, or changes written in, or
amendments by letter. Failure to submit a unit price for each item
of work for which a bid price is required by the Proposal, or failure
to include all required contract documents.
Lack of competency as revealed by the financial statement, experience,
plant and equipment statements submitted. Lack of responsibility as
shown by past work judged from the standpoint of workmanship and progress.
A bid by an unlicensed contractor bidding under a licensed contractor's
name.
Uncomplete work which, in the judgment of the Owner, might hinder or
prevent the prompt completion of additional work if awarded.
Being in arrears on existing contracts, in litigation with the Owner,
or having defaulted on a previous contract.
Instructions to Bidders
2-3
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12. CONSIDERATION OF PROPOSALS. After the Proposals are opened and read, the
quantities will be extended and totaled in accordance with the bid prices of
the accepted Proposals, and the results of the prices will be made public.
Until the final award of the contract, the Owner reserves the right to reject
any or all Proposals, to waive technicalities, and to advertise for new
Proposals, or proceed to do the work otherwise when the best interests of the
Owner will be promoted thereby.
13. RIGHT TO REJECT BIDS. The Owner reserves the right to reject any and all
bids. All bids are subject to this reservation, and the Owner reserves to
itself the right to decide which shall be deemed the lowest responsive and
responsible bid. Due consideration will be given to the reputation, financial
ability, experience and equipment of the bidder.
14. AWARDING OF CONTRACT. The Owner reserves the right to withhold the awarding
of a contract a reasonable period of time from the date of opening of bids, said
length of time not to exceed sixty (60) days except with the consent of the
bidder. The awarding of a contract upon a successful bid shall give the bidder
no right to action or claim against the Owner upon the contract until the
contract is reduced to writing and signed by the contracting parties. The
letting of a contract shall not be complete until the contract is executed and
the necessary bonds approved.
15. BIDDING CHECKS OR BONDS.
check, or a surety bond issued
state of the Owner, in the sum
made payable to the Owner as a
and the required bonds furnish
contract is awarded.
Each bid must be accompanied by a certified '
by a company licensed to do business in the
of five percent (5%) of the amount of the bid,
guarantee that a contract will be entered into
ad within the required time, in the event a
16. SEPARATE ENVELOPE FOR BID BOND OR CERTIFIED CHECK. If provided for in
the Advertisement for Bids, the bidder shall submit a bid bond or certified
check enclosed in a separate sealed envelope firmly attached to the outside of
the sealed bid envelope. At official bid opening, the envelope containing
the bid bond or certified check shall be opened first, and if the documents
are not found in order, the bid shall be returned unopened.
17. FORFEITURE OF BIDDING BOND. The person or persons, partnership, company,
firm or corporation to which the contract is awarded shall within ten (10)
days after such contract is awarded, execute and deliver the contract and
bonds as required; such bonds to be executed and approved (but not dated)
prior to the execution of the contract by the Owner. The Owner reserves the
right to grant the Contractor such extension of time in executing the contract
as it deems necessary in the interest of the Owner. Any applications for
extension of time shall be made by the Contractor in writing and signed by
proper officials. The inclusion of this provision, whereby extension of
time in signing the contract and submission of bonds may be granted, in no
way obligates the Owner to act upon any application unless it sees fit to do
so.
Instructions to Bidders
2-4 '
Upon failure of the bidder to execute the contract and bonds within the speci-
fied time after the award of "[he contract'he"wirll be considered to have
abandoned said bid, and the Owner may relet same. By reason of the uncertainty
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of the market prices of materials and of damages and expenses which the Owner
might sustain by reason of said bidder's failure to execute said bond and
contract within the specified time, the bid bond or certified check accompanying
' the bid shall be the agreed amount of damages which the Owner will suffer by
reason of such failure upon the part of the bidder, and shall thereupon
immediately be forfeited to the Owner. The filing of a bid under these
I. instructions shall be considered as acceptance of this provision.
18. RETURN OF BIDDERS CHECK OR BOND. Checks and bonds deposited with bids
will be returned to the bidders as soon as the contract is awarded, except
' the bond or check of the successful bidder, which will be returned after the
contract is executed and the bonds approved. Unless the Owner has a good
reason to hold bidding bonds or checks, the bonds or checks of all except
the three low bidders will be returned as soon as the bids have been considered.
19. SUBCONTRACTOR. The Contractor shall not assign or sublet all or any part
' of this contract without the prior written approval of the Owner nor shall the
Contractor allow such subcontractor to commence work until he has provided and
obtained approval of such compensation and public liability insurance as may
be required. The approval of each subcontract by the Owner will in no manner
' release the Contractor• from any of his obligations as set out in the plans,
specifications, contract and bonds.
I. 20. MATERIAL GUARANTY. Before any contract is awarded the bidder may be
required to furnish a complete statement of the origin, composition, or manu-
facture of any or all materials proposed to be used in the construction of the
work, together with samples, which may be subjected to the tests provided for
in these specifications to determine their quality and fitness for the work.
21. FAMILIARITY WITH LAWS. The bidder is presumed to be familiar with all
' federal, state and city laws, ordinances and regulations which in any manner
affect those engaged or employed in the work, or the materials or equipment
used, or in any way affecting the work, and shall in all respects comply with
said laws, ordinances and regulations. No claim of misunderstanding or
ignorance on the part of the Contractor will in any way serve to modify the
provisions of the contract. No representations shall be binding unless
embodied in the contract.
22. LABOR LAWS. The Contractor shall abide by all federal, state, and local
laws governing labor. .The Contractor further agrees to save the owner harmless
' from the payment of any contribution under the State Unemployment Compensation
Act, and the Contractor agrees that if he is subject to the Arkansas State
Unemployment Act, he will make whatever contributions are required under and
' by virtue of the provisions of said Act.
23. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as
established by common usage in the city and adjacent community for the various
•
' Instructions to Bidders
2-5
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types of labor and skills performed. In case wage rates are specified in
the contract documents, the rates as specified shall be the minimum rates
which apply to the project. Whenever available, local common labor shall be
used and whenever practical, skilled and semi -skilled labor, if available,
shall be used.
The Contractor and each subcontractor, where the contract amount exceeds
$75,000.00, shall comply with the provisions of Act 74, as amended by Act 275
of 1969 (Ark. Stat. 14-630). The provisions are summarized below.
The Contractor and subcontractor shall:
(1) pay the minimum prevailing wage rates for each craft or type of
workman and the prevailing wage rate for holiday and overtime
work, as determined by the Arkansas Department of Labor.
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(2) post the scale of wages in a prominent and easily accessible place
at the site of the work.
(3) keep an accurate record showing the names and occupation and hours
worked of all workmen employed by them, and the actual wages paid
to each of the workmen, which record shall be open at all reasonable
hours to the inspection of the Department of Labor or the Owner, its
officers and agents.
The Owner shall have the right to withhold from amounts due the Contractor so
much of accrued payments as may be considered necessary to pay the workmen
employed by the Contractor or any subcontractor, the difference between the
rates of wages required by this contract and the rates of wages received by
such workmen.
If it is found that any workman employed by the Contractor or a subcontractor
has been or is being paid a rate of wages less than the rate of wages required
by this contract, the Owner may by written notice to the Contractor, terminate
his right to proceed with the work or such part of the work as to which
there has been a failure to pay the required wages and to prosecute the work
to completion by contract or otherwise, and the Contractor and his sureties
shall be liable for any excess costs occasioned thereby.
24. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold
Arkansas income taxes, as required by Arkansas law, from wages paid to employees,
whether such employees are residents or nonresidents of Arkansas.
25. ANTI -KICKBACK PROVISIONS (WHERE APPLICABLE). When provided for in the
specifications, the Contractor shall comply with the regulations of the Secretary
of Labor made pursuant to the Anti -Kickback Act of June 13, 1934, 40 U.S.C.
276(c), and any amendments or modifications made thereto and shall see that
such provisions are included in all subcontracts. A copy of such provisions
is included hereinafter in these specifications.
Instructions to Bidders
2-6
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26. COMPLIANCE WITH EQUAL OPPORTUNITY PROVISIONS,.NONSEGREGATED FACILITIES
REQUIREMENTS, AND MINORITY BUSINESS ENTERPRISE. PARTICIPATION (WHERE APPLICABLE).
Where Federal funds are used to pay a portion of the cost of a project, the
prospective bidder will' be required to comply with the provisions of Title VI
of the Civil Rights Act of 1964 and Executive Orders 11246 and 11375, and, where
applicable, shall include such provisions in subcontracts or purchase orders.
Further, certain construction contracts are subject to compliance with Minority
Business Enterprise requirements.
Where provided for in the specifications the Contractor, as a part of his bid,
shall complete forms relative to compliance, or participation, with the above.
27. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all bidders
is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides
for payment for certain taxes on materials and equipment brought into the state.
It further provides for methods of collecting said taxes. All provisions of this
act will be complied with under this contract.
28. INSURANCE. During' the life of this contract, the successful bidder shall
carry insurance as hereinafter set out. Also, he shall require all of his sub-
contractors to carry insurance as outlined below, in case they are not protected
by the policies carried by the prime Contractor.
Insurance companies underwriting the required insurance shall be licensed in
Arkansas. Licensed companies are listed in the State Insurance Department's
Annual Report of the Insurance Commissioner.
In Arkansas the prevailing law requires that insurance on public works contracts
be issued by and through a duly licensed agent resident in the state of Arkansas.
The mere countersigning by a resident agent is not acceptable.
Insurance is to be approved by the Owner. If any insurance contracted for becomes
unsatisfactory or unacceptable to the Owner after the acceptance and approval
thereof, the Contractor shall promptly, upon being notified to that effect,
execute and furnish acceptable insurance in the amounts herein specified. Upon
presentation of acceptable insurance, the unsatisfactory insurance maybe can-
celed at the discretion of the Contractor.
The Contractor shall have his resident insurance agent submit to the Owner, through
the Engineer, a schedule of insurance policies proposed to be furnished, which
shall be approved before certificates of insurance and/or policies are issued.
Once the Owner has concurred in the proposal of insurance coverages, the Con-
tractor shall then furnish to the Engineer, in the name of the Owner, certificates
of insurance for the following.
1. Workmen's Compensation. Workmen's compensation, as required by the laws
of the state in which the work is to be done, shall be furnished. In case
any hazardous occupations are required for the execution of the work which
are not covered by the above insurance, special employer's liability policies
shall be obtained to cover workmen engaged in such hazardous occupations.
Instructions to Bidders
2-7
2. Contractors' Public Liability Insurance and Property Damage Insurance.
This insurance shall provide bodily injury of $500,000 for each person
and $1,000,000 for each accident; and property damage of $200,000 for
each accident. This insurance shall be endorsed to cover explosion,
collapse and underground hazards, and blasting.
3. Motor Vehicle Public Liability and Property Damage Insurance. This
policy shall provide bodily injury of $500,000 for each person and
$1,000,000 for each accident; and property damage of $200,000 for
each accident.
4. Owner's and Engineer's Contingent Protective Liability Insurance. The
Contractor shall indemnify and save harmless the Owner and Engineer
from and against all losses and claims, demands, payments, suits,
actions, recoveries and judgments of every nature and description
brought or recovered against them by reason of any omission or act of
the Contractor, his agent or employees in the execution of the work or
in the guarding of it. The Contractor shall obtain in the name of the
Owner and Engineer (either as co-insured or by endorsement), and shall
maintain and pay the premiums for such insurance in an amount not less
than $200,000 property damage and $500,000 bodily injury limits, and
with such provisions as will protect the Owner and Engineer from
contingent liability under this contract.
5. Builder's Risk Insurance. The Contractor shall procure and maintain
during the life of the contract builder's risk insurance (fire,
lightning, extended coverage, vandalism and malicious mischief) on
the insurable portion of the project on a 100 percent completed value
basis, against damage to the equipment, structure or material. The
Contractor, his subcontractors, and the Owner (as their interests may
appear) shall be named as the insured.
6. All -Risk Floater Insurance. Until the project is completed and is '
accepted by the Owner, the Contractor is required to maintain an
all-risk installation floater policy.
The Contractor shall submit to the Owner written evidence of insur-
ance
upon the entire work at the site to the full insurable value
thereof including the interests of the Owner, the Contractor, the
subcontractors, and any others with an insurable interest so desig-
nated
by the Owner. The policy shall insure against all risks of
physical damage except as modified by the contract documents and
subject to the normal all-risk exclusions. The policy by its own
terms or by endorsement shall specifically permit partial or bene-
ficial
occupancy prior to completion or acceptance of the entire work.
7. Other Insurance. The Contractor is to protect the Owner against all
loss during the course of the contract. If, due to the nature of the
project, insurance coverage other than that specified above is needed
by the Contractor to protect the Owner against all losses, the Con-
tractor
is responsible for determining the type of insurance needed
and purchasing same.
Instructions to Bidders
2-8
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Each insurance certificate, and/or policy'shall contain a clause providing
that it shall not be canceled.bythe insur.ance.;company without fifteen (15)
days written notice to the Owner of intention to`cancel. It shall be the
responsibility of the Contractor to maintain insurance as set out above, ar
to
29. PERFORMANCE BOND AND PAYMENT BOND. The Contractor shall furnish both a
surety performance bond and a payment bond, each equal to one.hundred percent
(100%) of the contract price. The performance bond and the payment bond shall
be two totally separate bonds and shall bear two different bond numbers.
' The Contractor is to pay all expenses in connection with the obtaining of
said bonds. The bonds shall be conditioned that the Contractor shall faith-
' fully perform the contract, and shall pay all indebtedness for labor and
materials furnished or performed in the construction and installation of such
alterations and additions as prescribed in this contract.
' The surety company issuing the bonds must be a solvent company on the "Surety
Companies Annual List" issued by,the U. S. Department of the Treasury, and
the bonds are not to be issued in an amount greater than the underwriting
1 limitations for the surety company as set out therein.
Resident Agent Required. In Arkansas, prevailing law requires that performance
' and payment bonds on public works contracts shall be executed by a resident
local agent who is licensed by the Insurance Commissioner to represent the
surety company executing said bonds, and filing with such bonds his Power of
Attorney as his authority. The mere countersigning of the bonds will not be
' sufficient.
The date of the bonds, and of the Power of Attorney, must not be prior to the
I. date of the contract. At least six copies of the bonds shall be furnished,
each with Power of Attorney attached.
Bonds are to be approved by the Owner. If any bonds contracted for become
' unsatisfactory or unacceptable to the Owner after the acceptance and approval
thereof, the Contractor, upon being notified to that effect, shall promptly
execute and furnish acceptable bonds in the amounts herein specified. Upon
' presentation of acceptable bonds, the unsatisfactory bonds may be canceled at
the discretion of the Contractor.
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Instructions to Bidders
' 2-9
HUO-u23B-Co-:
U.S. DEPARTMENT OF HOUSING ANb URBAN DEVELOPMENT
CERTIFICATION OF BIDDER REGARDING
• EQUAL EMPLOYMENT O4'PORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing
rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon-
tractors, shall state as an initial port of the bid or negotiations of the contract whether it has partici-
pated in any previous contract or -subcontract subject to the equal opportunity clause; and, if so, whether
it has filed all compliance reports due under applicable instructions. • Where the certification indicates that the bidder has not filed.o compliance report due under applicable
instructions, such bidder shall be required to submit a compliance report within seven calendar days
after bid opening. No contract shall be awarded unless such report is submitted.
CERTIFICATION BY BIDDER -
Bidder's Name: Combs Construction Company, Inc.
Address: P.O. Box 782
• 'Fayetteville, Arkansas 72702
I. 1. Bidder has participated in a previous contract Cr subcontract subject to the Equal Opportunity
Clause. Yes z No E
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes�NoDj
3. Bidder has jfiled all compliance reports due under applicable instructions, including SF -100.
Yes No ❑ None Required C
4. If answer to item,:3 is " No," please explcin in detail on reverse side of this certification.
Certification — The information above is true and complete to the best of my knowledge and belief.
I. Gary Combs Secretary Treasurer
NAME AND TITLE OF SIGNER (PLEASE TYPE)
DATE
3-1
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The prime contractor shall have his subcontractors submit this form
for approval of subcontracting firms before award of any subcontract.
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FORM APPROVED
BUDGET BUREAU NO. 63.R1138
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
NAME OF PRIME CONTRACTOR
INSTRUCTIONS
HUD•4238•CD•2
(2-67)
PROJECT NO.
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and
regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as
an initial port of the bid or negotiations of the contract whether it has participated in any previous contract or sub-
contract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under
applicable instructions.
Where the certification indicates that the subcontractor has not filed a compliance report due under applicable in-
structions, such subcontractor shall be required to submit a compliance report before the owner approves the sub-
contract or permits work to begin under the subcontract.
SUBCONTRACTOR'S CERTIFICATION
Subcontractor's Name:
Address:
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes i I No
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes No 0
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100.
Yes I No __ None Required Q
4. If answer to item'3 is "No," please explain in detail on reverse side of this certification.
Certification — The information above is true and complete to the best of my knowledge and belief.
NAME AND TITLE OF SIGNER (Ptcase Type)
SIGNATURE OATS
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Previous Editions Obsolete
3-2
FRANK WHITE. GOVERNOR
BILL EVERETT. DIRECTOR
•
' ARKANSAS DEPARTMENT OF LABOR
1022 HIGH STREET LITTLE ROCK 72202 (501) 371-1401
August 19, 1981
1
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McGoodwin, Williams and Yates, Inc.
Consulting Engineers
909 Rolling Hills Drive
Fayetteville, Arkansas 72701
t Re: Relocation and Adjustment of
• Sewer Facilities
Fayetteville
Washington County
' Gentlemen:
' Enclosed is Arkansas Prevailing Wage Determination 81-19 establishing
the wages to be paid on the referenced project.
These rates are adopted pursuant to Section 9(1) of Act 74 of 1969 as
' amended by Act 275 of 1969, and to Section 5(d) of the Rules Pertaining to
the Administration of the Arkansas Prevailing Wage Law. In compliance with
Section 5 of the law, this scale of wages must be posted in a "prominent and
' easily accessible place at the site of the work."
If you have any questions or we can be of further assistance, please
contact Becky Bryant at 371-3024.
Sincerely,
Bill Everett
Director
BE: kj
' Enclosures
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Page 1 of 3 ARKANSAS DEPARTMENT OF LABOR
' PREVAILING WAGE DETERMINATION -HEAVY CONSTRUCTION
DATE: August 19, 1981 DETERMINATION # 81-19
PROJECT: Relocation and Adjustment of COUNTY STATEWIDE
Sewer Facilities EXPIRATION DATE: 12-19-81
Fayetteville
BASIC H Education
HOURLY & and/or
RATE W Pensions Vacation Appr. Tr.
Bricklayers $6.00
Carpenters 6.00
Concrete finishers 6.00
' Electricians 7.25
IRONWORKERS:
Structural 5.25
Reinforcing 4.50
LABORERS:
Air tool operator 4.25
Asphalt heater operator 4.25
Asphalt raker 4.85
Carpenter helper 4.35
Chain saw operator 4.35
' Checker grade 4.50
Concrete finisher helper 4.35
Concrete joint sealer 4.35
' Concrete saw operator 4.35
Form setter 4.50
Laborer 3.35
Pipelayer 4.50
' Powderman 5.25
Vibratorman 4.25
Painter 5.25
Pile driver leadman 5.25
POWER EQUIPMENT OPERATORS:
Aggregate spreader op. 4.75
Asphalt plant fireman 4.00
Asphalt drier operator 4.00
Batch plant operator 4.75
BULLDOZER OPERATORS:
Finish 5.75
Rough 5.00
Bull float operator 4.65
' Concrete curing machine op.4.85
CONCRETE MIXER OPERATOR:
_ Less than 5 sacks 4.35
5 sacks or over 5.25
' Backhoe op.-rubbertired
(1 yard or less) 5.00
Cherry picker operator 5.00
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Concrete paver operator 5.50 Cr T Ir^
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4-2 Date —
Page 2 of 3 ARKANSAS DEPARTMENT OF LABOR
I. PREVAILING WAGE DETERMINATION -HEAVY CONSTRUCTION
DATE: August 19, 1981 DETERMINATION # 81-19
PROJECT: Relocation and Adjustment of COUNTY_ STATEWIDE
Sewer Facilities EXPIRATION DATE: 12-19-81
Fayetteville
' - BASIC H
HOURLY &
RATE W
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Concrete spreader op. 5.50
CRANES, DERRICK, DRAGLINE,
SHOVEL, BACKHOE OPERATORS:
' 1-1/2 yard or less 5.75
Over 1 1/2 yard 6.00
Crusher operator 4.65
I Distributor operator 4.65
Drill operator (wagon or
truck) 5.00
' Elevating grader operator5.50
Euclid or like equipment
op. (bottom or end dump)4.50
' Finishing machine operator 5.00
Forklift operator 4.15
Form grader operator 4.15
FRONT END LOADER OPERATOR:
Finish 5.50
Rough 5.00
Hydro seeder operator 4.50
' Mechanic 5.75
Mechanic helper 4.50
MOTOR PATROL OPERATOR:
Finish 5.75
Rough 5.00
Mulching machine operator 4.50
' Oiler and greaser 4.50
Pile driver operator 5.25
Pug Mill operator 4.25
Roller op. (self-propelled)4.50
SCRAPER OPERATORS:
Finish 5.75
Rough 5.00
' Sod slicing machine op. 4.10
Stabilizer mixing machine 4.65
TRACTOR OPERATORS:
Crawler type 4.50
' Farm and wheel 4.25
Wheel type (with attach-.
ments 1 yard or under) 4.65
- Trenching machine operator4.65
t 4-3
Education
and/or
Pensions Vacation Appr. Tr.
I
Page 3 of 3 ARKANSAS DEPARTMENT OF LABOR
PREVAILING WAGE DETERMINATION -HEAVY CONSTRUCTION
DATE: August 19, 1981 DETERMINATION # 81-19
PROJECT: Relocation and Adjustment of COUNTY^STATEWIDE
Sewer Facilities EXPIRATION DATE: 1b19o1-
Fayetteville
• BASIC H
HOURLY &
RATE W
STONEMASONS 6.00
TRUCK DRIVERS; Distributor truck drvr.4.50
Semi -trailer 4.50
Lowboy driver 5.00
Transit mix truck driver 4.50
Truck driver (heavy -max-
imum pay load in excess
of 3000 lbs.) 4.25
Truck driver (light -max-
imum pay load 3000 lbs.)4.00
WELL DRILLERS 5.75
WELDERS - receive rate. prescribed for
craft performing operation to which
welding is incidental.
Education
and/or
Pensions Vacation Appr. Tr.
4-4
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PROPOSAL
RELOCATION AND ADJUSTMENT OF SEWER FACILITIES
Fayetteville, Arkansas
Arkansas Highway Commission Job No. 4834
Federal Aid Project FFD-075-1(2)
Plans No. Fy-84 - Dated April, 1981
To the Board of Directors
City of Fayetteville
Fayetteville, Arkansas
Members of the Board:
The undersigned states that he has carefully examined the plans, profiles, specifi-.
cations, maps and drawings on file in the office of the City Clerk, City of
Fayetteville, Arkansas, relative to the proposed construction of Relocation and
Adjustment of Sewer Facilities; that he is familiar with the same and understands
each and all; has examined the location and site; that all bids are made with full
knowledge of the difficulties and conditions that may be encountered, the kind,
quality and quantity of the plans, work to be done, excavation and materials
required; and with full knowledge of the plans, profiles, specifications and
estimates, and all provisions of the contract and bonds; and that this Proposal is
made without collusion on the part of any person, firm or corporation.
He further states that he will enter into contract to construct said Relocation and
Adjustment of Sewer Facilities and related work as designated in the title of this
Proposal in accordance with the plans and specifications, and have said work com-
pleted within sixty (60) calendar days from the effective date of the issuance of the
Notice to Proceed for the following prices.
Item Estimated Description of Item and Unit Price Bid
No. Quantity
1. 2,662 Linear Feet,.15" Vitrified Clay Pipe Sewer, 0-6' in depth,
complete in place
Fifteen and 50/100 dollars(15.50 )L.
(Dollar amount written in words) (Amount in
2. 45 Linear Feet, Extra Depth Trench, 6'-8' in depth
One and 50/100 ----------------------------------- dollars( 1.
3. 300 Linear Feet, Extra Depth Trench, 8'-10' in depth
Two and no/100 -
5-1
2.00 )L.F.
Total
Amount
41,261.00
67.50 1
600.00
Item Estimated Description of Item and Unit Price Bid Total
No. Quantity Amount
4.
400 Linear Feet,
Extra Depth
Trench,
10'-12' in depth
Three
and no/100---------------------------------
dollars( 3.00
)L.F. $
1,200.00
5.
295 Linear Feet,
Extra Depth
Trench,
12'-14' in depth
Four
and no/100---------------------------------
- dollars( 4.00
)L.F.
1,180.00
-6.
230 Linear Feet,
Extra Depth
Trench,
14'-16' in depth
Six and
no/100----------------------------------
dollars(6.00
A.F.
1,380.00
7. 310 Linear
Seven and no/100--------------------------------
Feet, Extra Depth
Trench, 16'-18' in depth
dollars( 7.00
)L.F.
2,170.00
8. 555 Linear
Nine and no/100------------------------------
Feet, Extra Depth
Trench, over 18' in depth
dollars( 9.00
)L.F.
4,995.00
9. 8 Each, Standard Manholes,
lids, complete in place
Six hundred and no/100 -------------------------
complete with steps, rings and
dollars(600.00
)Each
4,800.00
10. 53 Linear
Ninety and no/100 -
Feet, Extra Depth
----------------------------
Manholes, over 6' in depth
dollars(90.00
)L.F,
4,770.00
11. 2,662 Linear Feet, SB-2 Crushed Stone Bedding, complete in
place
One and 75/100 ---------------------------------- dollars( 1.75
4,658.50
12. 100 Linear Feet, Special Pipe Cover, complete in place
One and 75/100 -------- --------------------------- dollars(1.75 )L.F. 175.00
13. 300 Cubic Yards, Rock Excavation
Thirty-five and no/100--------------------------- dollars( 35.00 )C, Y; 10,500.00
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' Item Estimated
No. Quantity
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Description of Item and Unit Price Bid
Total
Amount
14. 20 Cubic Yards, Class B Concrete Encasement, complete in
place
Seventy-five and no/100 .---------------------------- dollars( 75.00)C.Y. $ 1,500.00
TOTAL, ITEMS 1 THROUGH 14
79,257.00
The above unit prices shall include all labor, materials, overhead, profit, insurance,
etc., to cover the finished work of the several kinds called for.
The contract, if awarded, will be awarded to the responsible bidder submitting the
lowest acceptable bid.
Attached is a bid bond, or certified or cashier's check, for Three. thousand Nine
hundred Sixty-two and 85/100 -- 3,962.85
dollars ($ ), which we agree the City of
Fayetteville, Arkansas may cash and retain as liquidated damages in the event of our
failure to enter into contract for the work covered by this Proposal, provided the con-
tract is awarded to us within sixty (60) days from the date fixed for opening of bids,
and we fail to execute said contract and execute the required bonds as called for in
the specifications within ten days after notification of the acceptance of this
Proposal.
Receipt of the following, addenda to the plans, specifications and proposal is hereby
acknowledged
and such addenda are attached hereto and made a part hereof.
Dated at Fayetteville, Arkansas this 8th day of September
Respectfully submitted,
Combs Construction Company, Inc.
Firm Name
IArkansas License No. 81-3342 By /s/ Gary W. Combs
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Title Vice -President
1981.
(Seal - if bid is by corporation) P. 0. Box 783, Fayetteville, Arkansas 72702
Address.
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' C O N T R A C T
' State of Arkansas )
•-County of Washington )
THIS AGREEMENT, made and entered into this. d day of r_)Cp7_____
1981, by and between the City of Fayetteville, County of Washington, State of Arkansas,
Party of the First Part hereinafter called the Owner, and
Combs Construction Company, Inc.
' Party of the Second Part, hereinafter called the -Contractor,
' WHEREAS, the Owner has called for bids for the construction of Relocation and Adjust-
ment of Sewer Facilities, as set out in the plans and specifications and approved by
the Board of Directors of the City of Fayetteville, Arkansas, and
' WHEREAS, pursuant to the published calls for bids under said plans and specifica-
tions, the Contractor is the lowest and best bidder for the construction of said
Relocation and Adjustment of Sewer Facilities,
NOW THEREFORE: The Contractor agrees with the Owner to commence and complete the
construction of:
Relocation and Adjustment of Sewer Facilities, including
sewer lines and manholes and related work as set out in these
' specifications and plans No. Fy-84, which include all items
of work for a completed project, for the prices bid in the
Proposal, all .of which becomes and is a part of this contract,
the total sum being
------- Seventy-nine thousand Two hundred Fifty-seven and no/100 ----
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79 257.00
dollars ($__ _ ), such sum being the agreed amount upon which bonds and
liabilities are based, and at his own cost and expense furnish all materials,
supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other
accessories and services necessary to complete the said construction in accordance
with the conditions and prices stated in the Proposal attached hereto and made a part
hereof, and in accordance with the General and Detailed Specifications, the General
Conditions, and in accordance with the plans, which include all maps, plats, blue
prints, and other drawings, and written or printed explanatory matter thereof.
The Contractor agrees to commence work under this contract within ten days of the
effective date of the Notice to Proceed, and fully complete all work within sixty (60)
consecutive calendar days thereafter.
The Owner agrees to pay the Contractor in current funds for the performance of the.
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contract in accordance with the accepted Proposal therefor, subject to additions
and deductions as provided in the specifications, and to make payment on account
thereof as provided below.
As soon as is practicable after the first of each calendar month, the Owner will
make partial payments to the Contractor for work performed during the preceding
' calendar month, based upon the Engineer's estimate of work completed, said
estimate being certified by the Contractor and accepted by the Owner. Except
as otherwise provided by law, ten percent (10%) of each approved estimate shall
be retained by the Owner until final completion and acceptance by the Owner and
the Engineer. The Engineer shall then issue a Final Estimate of work done based
upon the original contract and subsequent changes made and agreed upon, if any.
Time is hereby expressly declared to be of the essence of this contract, and
the time of beginning, manner of progress and time of completion of the work
hereunder shall be and are essential conditions hereof.
' The Contractor agrees to commence work as set out above, and to proceed with the
construction of the work and to prosecute the work with an adequate force and in
a manner so as to complete the work within the time stipulated herein. If the
' Contractor fails in completing the contract within the time stipulated herein,
the Contractor agrees to pay the Owner, as liquidated damages, the sum of
seventy-five dollars ($75.00) per day for each calendar day of delay in completion,
said amounts being fixed and agreed upon by and between the parties hereto. Because
of the impracticability and extreme difficulty in fixing and ascertaining the
• actual damages Owner would in such event sustain, said amounts of liquidated
damages shall be deductible from any amount due Contractor under the Final Estimate
of said work, after the completion thereof, and Contractor shall be entitled only
to the Final Estimate, less such amounts of liquidated damages.
' If the Contractor be delayed at any time in the progress of the work or by any
act or neglect of the Owner or of the Owner's employees, or by any other con-
tractor employed by the Owner, or by changes ordered in the work, or by strikes,
lockouts, fire, unusual delay in transportation, unavoidable casualties, or any
causes beyond the Contractor's control, or by delay authorized by the Engineer
pending aribtration, or by any cause which the Engineer may decide to justify
the delay, then the time of completion shall be extended for such reasonable
time as the Engineer may decide. No such extension shall be made for delay
occurring more than seven days before claim therefor is made in writing to the
Engineer. In the case of a continuing cause of delay, only one claim is necessary.
In the event the Contractor abandons the work hereunder or fails, neglects or
refuses to continue the work after ten (10) days written notice, given Con-
' tractor by the Owner or;by the Engineer, then the Owner shall have the option
of. (1) declaring this contract at an end, in which event the Owner shall not
be liable to the Contractor for any work theretofore performed hereunder, or
(2) requiring the surety hereto, upon ten (10) days notice, to complete and
carry out the contract of Contractor; and in that event, should the surety fail,
neglect or refuse to carry out said contract, (3) said Owner may complete the
contract at its own expense, and maintain an action against the Contractor and
the surety hereto for the actual expense of same, together with any damages
' 6-2
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or other expense sustained or incurred by Owner in completing this contract,
less the total amount provided for hereunder to be paid Contractor upon the
completion of this contract.
1 Neither the final certificate nor payment nor any provision in the contract
documents shall relieve the Contractor of responsibility for faulty materials
' or workmanship; and, unless otherwise specified, he shall remedy any defects
due thereto and pay for any damage to other work within one year from the date
of substantial completion. The Owner shall give notice of observed defects
with reasonable promptness. All questions arising under this article shall be
decided by the Engineer, subject to arbitration.
This contract shall be binding upon the heirs, representatives, successors or
assigns of the parties hereto, including the surety.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands and
seals, respectively.
Combs, Construction. Company, Inc.
_Witnesses
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Contractor
(If corporation, Secretary should attest)
% CityClerk'_'•-
�,
^� % t__ -_.r -*rte
CITY OF FAYETTEVILLE, ARKANSAS
Mayor, Ey of Fayettevill , Arkansas
6-3
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we (1)
Combs Construction Company, Inc.
a (2) corporation hereinafter called
"Principal" and (3) American Fidelity Fire Insurance Company
of Woodbury State of New York , hereinafter
called the "Surety," are held and firmly bound unto (4)
the City of Fayetteville,
' Arkansas , hereinafter called "Owner," in the penal sum of
--- Seventy-nine thousand Two hundred Fifty-seven and no/100 =-----------------------
------------------------ dollars 79 257 00
($ ) in lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our
' heirs, executors, administrators and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into
a certain contract with Owner, dated the c;U day of — , 19 81
a copy of which is hereto attached and made a part hereof or the construction of:
Relocation and Adjustment of Sewer Facilities, Plans No. Fy-84, Arkansas
Highway Commission Job No. 4834
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NOW THEREFORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions, and agreements 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 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, then this obligation shall be
' void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of
the contract or to the work to be performed thereunder or the specifications accom-
panying 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 or 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.
This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act
209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section
51-635, Cumulative Supplement.
II
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IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one
of which shall be deemed an original, this the a L day of rpmp,Fy� , 19 81
..e E
of r at.
iT'"'n r s
yI, _ • n Pri ecretary
('SEAL)f
Witness as to Principal
Combs Construction Company, Inc.
Principal
P. 0. Box 783
Fayetteville, Arkansas 72702
Address
' Address
' ATTEST: -
AMERICAN FIDELITY FIRE INSURANCE
r •
Surety COMPANY
•a. ` e n n•
- ICY
(Sur"ety)> Sqsc etary
:, •Y: c By.
• (SEAL) ri. Linda Frey, t or y -in -Fact &
•" " ar Ar7cansas Residen Agent
;^ \
�rniho � / 1aJ 1500 Riverfront Drive
Witness as to Suret Little Rock, Arkansas
' Address
1500 Riverfront Drive
Little Rock, Arkansas
'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 the case may be.
(3) Correct name of Surety.
(4) Correct name of Owner.
(5) If Contractor is a Partnership, all partners should 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 construction.
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' PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we (1) Combs Construction Company, Inc.
a (2) corporation hereinafter called
"Principal" and (3) American Fidelity Fire Insurance Company
of Woodbury State of New York hereinafter
called the "Surety," are held and firmly bound unto the City of Fayetteville,
UArkansas , hereinafter called "Owner," in the penal sum of Seventy-nine
thousand Two hundred Fifty-seven and no/100------------------------------dollars
' ($ 79,257.00 ) in lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
' successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into
a certain contract with Owner, dated the day of �E>PTF.N______, , 19 81,
a copy of which is hereto attached and made a part hereof for the construction of:
Relocation and Adjustment of Sewer Facilities, Plans No. Fy-84, Arkansas
' Highway Commission Job No. 4834
NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms,
subcontractors and corporations furnishing materials for or performing labor in the
prosecution of the work provided for in such contract, and 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 pay-
, ments 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.
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 found by the Arkansas Depart-
' ment of Labor or as determined by the court on appeal 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, alteration 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.
' 7-3
vi
' 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.
' This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act
209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957) Section
51-635, Cumulative Supplement.
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IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one
tf=Ys} ich.shall be deemed an original, this the ova h�day of 5�Prr3� Tz�� 19 81
• •
ATTEST: .�
Combs Construction Company, Inc.
ry l' Principal
p Secretary
(SEAT') By:
Witness as to Principal
IAddress
' ATTEST*:`.
,! • Y
-max.
(Sur,e,ty
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Witness as to Suret
1500 Riverfront Drive
Little Rock. Arkansas
Address
P. 0. Box 783
Fayetteville, Arkansas 72702
Address
AMERICAN FIDELITY FIRE INSURANCE
Surety COMPANY
By:
Attor Bey -in -Fact & A ansas Resident
Agefit Linda ey
1500 Riverfront Drive
Little Rock, Arkansas
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 the case may be.
(3) Correct name of Surety.
(4) Correct name of Owner. _
(5) If Contractor is Partnership, all partners should 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 construction.
1 7-4
POWER OF ATTORNEY
}QTOW ALL. HEN BY THESE PRESENTS :^' That the American Fidelity Fire Insur-
ance Company, a Corporation in the State of New York, having its principal
office in Woodbury, State of New York, pursuant to the following resolution,
adopted_by the Board of Directors of the said Company on the 18th day of
•- "'—February, 1969, to wit:
"The President, or
the Board or Executive
execute and deliver a
such persons, firms or
time," ,
any Vice -President, or other officer designated by
Committee shall have authority, severally, to make
ower of attorney constituting as Attorney -in -Fact
corporations as such officer may select from time to
does hereby make, constitute and appoint Linda Frey of Little Roc;
in the State of Arkansas its true and lawful attorney(s)-in-
' fact, with full power and authority hereby conferred in its name, place
and stead, to sign, execute, acknowledge and deliver in its behalf, and as
its act and deed, as follows: Specific SBA Bond #04-147-2686131 not to
' exceed Seventy Nine Thousand 'it✓o Hundred Fifty -Seven ($79,257) Dollars
and to bind American Fidelity Fire Insurance Company thereby as fully and to
the same extent as if such bond or undertaking was signed by the duly au tho
• ized officers of the American Fidelity Fire Insurance Company, and all the
acts of said Attorney(s) pursuant to the authority herein given, are hereby
ratified and confirmed.
IN WITNESS WHEREOF, the American Fidelity Fire Insurance Company has
caused these presents to be signed by its President and/or its Vice -Preside:.:
and its Corporate Seal to be hereto affixed.
AME)QC2U FL ELI ' RE INSURANCE COMPAlr.'
SEAL - 'Tr'/)e
STATE OF NEW YORK) SS: LUTHER H. WILLIAMS, PRESIDENT
COUNTY OF NASSAU
On this 9th day of September ,1981 , before the subscriber, a Notary
• Public of the State of New York in and for the County of Nassau duly com-
missioned and qualified, came LUTHER H. WILLIAMS of the American Fidelity
Fire Insurance Company, to me personally known to be the individual and
officer described herein, and who executed the preceding instrument, and
acknowledged the execution of the same, and being by me duly sworn, deposed
and said, that he is the officer of said Company aforesaid, and that the
seal affixed to the preceding instrument is the Corporate Seal of said
Company, and the said Corporate Seal and signature as an officer.were duly
affixed and subscribed to the said instrument by the authority and direction
of the said Corporation, and that the resolution of said Company, referred
.to in the preceding instrument, is now in force_
IN TESTIMONY WHEREOF, I have hereunto set my han , a ffixed
my official seal at Woodbury, New York, the day r above
written.
toy Commission expires ''V -m '1-' ,19YL,
Notary Public
C. STATE OF NEW YORK) ALAN BRINN
SS : NOTARY PLIKIC, Slab of New Yoh
COUNTY OF NASSAU ) No. 41.549415
Q"alilied in Q"ccns County. 8!�
I;. -Harold L. Rosenthal; Assistant Secretary of the AmE�I't`'�h°�"�c�e`�i y Fire
Insurance Company, do hereby certify that the above and foregoing is a true
and correct,ccopyrofaPower�of�Attoney,`-executed'byaizl`"American Pidelit"
VHFFire Insurance Company, which is still in force and effect.
'SIN WITNESS WHEREOF, I have hereunto set my hand. and affixed the Seal of
the said Company, at Woodbury, New York, this zzws ay'tof 5�y1�1yER�.1981
�lL
\ Assistant Secre.tary't-f.T
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G E N E R A L CONDITIONS
1. DEFINITIONS:
Whenever the words herein defined, or pronouns used in their stead, occur
in this contract and documents, they shall have and are mutually understood
to have the meaning herein given.
The words "City" and "Owner" shall mean the city of Fayetteville, Arkansas, a
municipal corporation, acting through its duly authorized representatives.
The words "Board of Directors" shall mean the duly elected or appointed
governing body of said city of Fayetteville, Arkansas.
The word "Mayor" shall mean the Mayor of the city of Fayetteville, Arkansas.
The words "City Manager" shall mean the City Manager of the city of Fayetteville,
Arkansas.
The words :'City Attorney" or "Attorney" shall mean the attorney for the
city of Fayetteville.
The words "City Clerk" shall mean the City Clerk of the city of Fayetteville.
The words "City Engineer".or "Water Superintendent" shall mean the superintendent
in charge of the Water Department of the City of Fayetteville.
The word "Engineer" shall mean McGoodwin, Williams and Yates, Inc., Consulting
Engineers, Fayetteville, Arkansas, who have been employed by the city of
Fayetteville for this work, or their duly authorized agents.
The word "Inspector" shall mean the engineering or technical personnel duly
authorized by the Engineer, limiting to the particular duties entrusted to him
or them.
The word "Contractor" shall mean the person, persons, partnership, company, firm
or corporation entering into this contract for the performance of the work
required of it, and the legal representatives of said party, or the agent appointed
to act for such party in the performance of the work.
The word "surety" or"sureties" shall mean the bondsmen or party or parties who
have made sure the fulfillments of the contract by bonds, and whose signatures
are attached to said bonds.
The word "Advertisement" shall mean all the legal publications pertaining
to the work of this contract.
The word "specifications" shall mean, collectively, all of the terms and
stipulations contained in the written portion of information furnished.
The word "plans" shall mean, collectively, all of the drawings pertaining to
the contract and made a part hereof, and also such supplementary drawings as.
the Engineer may issue from time to time in order to clarify the drawings,
I
General Conditions
8-1
or for the purpose of showing changes in the work as authorized under the
section "Modifications and Alterations," or for showing details which are not
shown thereon.
The words "Work Order" or "Notice to Proceed" shall mean a notice to the
Contractor of the date on or before which he is to begin the prosecution of
the work for which he has contracted.
The words "Contract Price" shall mean either the unit prices, or lump sum
prices, named in the contract, or the total of all payments according to the
schedule of the prices in the contract, as the case may be.
The term "Grade" used in these specifications is understood to refer to and
indicate the established elevations of the paving, flow line of sewers or other
appurtenances as shown on the plans on file in the office of the official desig-
nated in the "Advertisement for Bids."
The word "Bid" or "Proposal" shall mean the written statements, duly filed
with the Owner, by the person or persons, partnership, company, firm or cor-
poration proposing to do the work and furnish the materials called for on the
plans at the prices named on said statements.
"The work" shall mean the work to be done and the equipment, supplies, and
materials to be furnished under this contract, unless some other meaning is
indicated by the contract.
Whenever in these contract documents the words "as ordered," "as directed," '
"as permitted," "as allowed," or words or phrases of like import are used, it
shall be understood that the order, direction, requirements, permission or
allowance of the Owner and Engineer is intended. But in no instance shall such
directions by the Engineer apply to the supervision of the Contractor or his
work forces, but shall apply only to ensure that the completed work meets the
requirements of the plans and specifications.
Similarly the words "approved," "reasonable," "suitable," "acceptable," "proper,"
"satisfactory," or words of like effect and import, unless otherwise particularly
specified herein, shall mean approved, reasonable, suitable, acceptable, proper,
or satisfactory in the judgment of the Owner and Engineer.
Whenever the following abbreviations are used, they shall have the meanings
given below:
A.S.T.M. - American Society for Testing Materials
A.S.A. - American Standards Association
A.W.W.A. - American Water Works Association
A.G.A. - American Gas Association
NEMA - National Electrical Manufacturers Association
gpm - gallons per minute
MGD - million gallons per day
ppm - parts per million
Hp - horsepower
General Conditions
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T.D.H. - total .`dynamic head- i-i fti 2
• V - volt
' A - ampere
T.D. time delay
R - motor starter relay
N.O. - normally open
N.C. normally closed
PVC - polyvinyl chloride (pipe)
psi - pounds per square inch
cfm cubic feet per minute
rpm revolutions per minute
2. COPIES OF CONTRACT. Not less than six copies of the bound volumes of the
proposal, contract and stipulations shall be prepared, each containing an exact
copy of the Contractor's proposal as submitted, the bond or bonds properly
executed and contracts signed by both parties thereto. However, the Contractor
and the surety executing the bond shall not date the contract or the bond upon
submission for execution by the Owner. These documents will be dated the date
the Owner executes the contract.
3. SCOPE, NATURE, AND EXTENT OF CONTRACT, SPECIFICATIONS AND PLANS. The said
specifications and plans are intended to supplement, but not necessarily dupli-
' cate each other, and together constitute one complete set of specifications and
plans, so that any work exhibited in the one and not in the other shall be
executed just as if it had been set forth in both, in order that the work shall
be completed according to the complete design or designs as decided and deter-
mined by the Engineer. Should anything be omitted from the specifications and
plans which is necessary to a clear understanding of the work, or should it
appear various instructions are in -conflict, then the Contractor shall secure
' written instructions from the Engineer before proceeding with the construction
affected by such omission or discrepancies. It is understood and agreed that
• the work shall be performed and completed according to the true spirit, meaning,
' and intent of the contract, specifications and plans.
The General Specifications included=herein may, in some cases, refer to work
1 and conditions not encountered on this project, in which case such nonapplicable
stipulations will have no meaning in this contract. In case of conflict between
General and Detailed Specifications, the Detailed Specifications shall govern.
' 4. FIGURED DIMENSIONS TO GOVERN. Figured dimensions, when given on the plans,
shall be accurately followed, even though they differ from scaled measurements.
No work shown on the plans, the dimensions of which are not figures, shall be
' executed until instructions have been obtained from the Engineer as to the
dimensions to be used. Large scale and full size drawings shall be followed
• in preference to small scale drawings.
5. CONTRACTOR TO CHECK PLANS AND SCHEDULES. The Contractor is required to
• check all dimensions and quantities on the plans and schedules given to him by
the Engineer, and shall notify the Engineer of any discrepancy between the
plans and the conditions on the ground, or any error or omissions in the plans,
or in the layout as given by stakes, points, or instructions, which he may
' • General Conditions
$-3
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discover in the course of the work. The Contractor will not be allowed to take
advantage of any error or omission in the plans or contract documents, as full
instructions will be furnished by the Engineer should error or omission be
discovered, and the Contractor shall carry out such instructions as if orig-
inally specified.
6. METHODS OF OPERATION. The Contractor shall give to the Engineer full
information, in advance, as to his plans for carrying on any part of the work.
7. GRADES AND MEASUREMENTS. At such time as the Contractor is ready to
proceed with construction work, he shall notify the Engineer in order that
proper grades and alignments, prints and stakes may be furnished. The Con-
tractor shall notify the Engineer a reasonable length of time prior to the
commencement of such work, and the Contractor shall not proceed with con-
struction work until such grade and line stakes have been set. The work
shall be in conformity with such prints, stakes and instructions as related
to the finished quality of the work.
Where plans, building, or mass movement of earth is being undertaken, the
Engineer will set such control lines and basic elevations as are required for
the Contractor to make such unit or plant layouts as are required. When work
is undertaken which requires a constant or generally intermittent checking
of lines and elevations, the Contractor shall maintain such equipment and
personnel as are essential to the actual prosecution of the work. In these
instances, the final grades, alignment and dimensions are subject to the
checking by the Engineer.
8. CONTRACTOR TO FURNISH STAKES AND HELP. The Contractor shall furnish,
without charge, competent men from his force and such tools, stakes, and
other materials as the Engineer may require for the proper staking out of the
work and in making measurements and surveys and in establishing temporary or
permanent reference marks in connection with said work.
9. DIRECTION AND PROSECUTION OF THE WORK. The Contractor shall commence '
work at such points as the Engineer may direct, and shall prosecute the work
in the order as laid out by the Engineer.
10. LANDS FOR WORK. The Owner shall provide the lands upon which the work
under this contract is to be done, except that the Contractor shall, when
necessary, provide land required for the erection of temporary construction
facilities and storage of his materials, together with right of access to same.
11. RIGHT OF VARIOUS INTERESTS. Wherever work being done by the Owner's
forces or by other contractors is contiguous to work covered by this contract,
the respective rights of the various interests involved shall be established
by the Engineer to secure the completion of the various portions of the work
in general harmony. '
12. SEPARATE CONTRACTS. The Owner 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
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and the execution of their workand shall4properly connect and coordinate his
work with theirs.
If any part of the Contractor's work depends for proper execution of results
upon the work of any other contractor, the Contractor shall inspect and promptly
report to the Engineer any defects in such work that render it unsuitable for
such proper execution and results. His failure so to inspect and report shall
constitute an acceptance of the other contractor's work as fit and proper for
the reception of his work, except as to defects which may develop in the other
contractor's work after the execution of his work.
To insure the proper execution of his subsequent work, the Contractor shall
measure work already in place and shall at once report to the Engineer any
discrepancy between the executed work- and the drawings.
13. SUPERINTENDENTS AND FOREMEN. When the Contractor is not present at the
work, the superintendent or foreman in immediate charge thereof shall be deemed
to be in authority and shall receive and execute orders in connection with the
provisions and in conformity with these specifications.
14. WORKMEN. The Contractor shall employ foremen and skilled laborers where
necessary. Line of authority shall be observed, and it shall be the respon-
sibility of the superintendent representing the Contractor to transmit all
necessary orders and instructions.
15. AUTHORITY OF ENGINEER. Where specifically contracted for and authorized
in the contract documents, the Engineer shall be the Owner's representative and
shall observe the work in process for the Owner. He shall make periodic
inspections in an effort to protect the Owner against defects and deficiencies.
In so doing, the Engineer does not guarantee performance of the work but acts
in.a professional capacity. He does not assume responsibility of any nature
or kind for personal injury, death or property damage to any person or corpora-
tion arising out of the methods, operations or degree of care exercised by
the Contractor or subcontractors in the performance of the.work. The manner
and methods in which the Contractor and his subcontractors perform work pursuant
to the plans and specifications and the degree of care exercised with relation
thereto, is the exclusive responsibility of the Contractor.
The Engineer will decide all questions that may arise as to interpretation of
the plans and specifications. He shall also decide questions as to accept-
ability of materials furnished and work performed.
16. ENGINEER TO DECIDE. All work performed under this contract shall be done in
a first class, workmanlike manner, and, from the viewpoint of the quality of
the finished job, shall be done to the satisfaction of the Engineer who shall
determine the quality of the finished product. The Engineer shall in all cases
determine the amount, quality, acceptability and fitness of the several kinds
of work and materials herein specified.
INSPECTION. The improvement
shall at all
times be subject to
inspection by
'17.
the
Owner, representatives of the
Environmental
Protection Agency,
and the State
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Department of Health, and the Contractor shall provide proper facilities for
such access and inspection. Such inspection shall not relieve the Contractor
from any obligation to perform said work strictly in accordance with the plans
and specifications, and work not so constructed shall be removed and made
good by the Contractor whenever so ordered without reference to any previous
oversight in inspection. This shall apply both to workmanship and materials.
All rejected materials shall be immediately removed from the site of the work,
and shall not again be returned to it. It shall be the duty of the Contractor
to notify the Engineer in advance of the beginning of work after delays, shut-
down,
change of work program or change of location.
The failure or neglect on the part of the Engineer or the Inspector to inspect,
condemn or reject inferior materials or work shall not be construed to imply
an acceptance of same should inferiority become evident at any time prior to
the final acceptance of the work by the Owner, or within the time limit of
one year as set out in Section 54 herein.
18. INSPECTOR. The Engineer may appoint an Inspector, who shall represent
him on the work, and such orders as he may give, relative to the quality of
the construction as it relates to the finished project being in accordance
with the plans and specifications, shall have the same effect as if given by
the Engineer in person. No work of a permanent nature which cannot be
inspected after completion shall be prosecuted except when an Engineer or
Inspector is present. Contractors shall notify the Engineer at least 24
hours prior to time of commencing work which demands the presence of an
Inspector, except in case an Inspector has been regularly on the job, then
12 hours notice will be sufficient. The inspection of the work by the
Engineer or his representative shall not, in any way, relieve the Contractor
(or obligate the Engineer) of any of the provisions of the contract as to
quality of materials, performance of the work, safety of the public or safety
of the Contractor's employees. These are the sole responsibility of the
Contractor.
The Engineer does not guarantee the performance of the contract by the
Contractor, nor shall his inspection be construed as supervision of actual
construction, nor make him responsible for providing a safe place for the
performance of the work by the Contractor, or the Contractor's employees,
or those of the suppliers, his subcontractors, nor for access, visits, use,
work, travel or occupance by any person, as these responsibilities are
covered under the provisions of this contract and the Contractor's insurance
and performance bond, and are not the responsibility of the Engineer.
19. PROTECTION OF PUBLIC UTILITIES. The Contractor shall give reasonable
notice to the owner or owners of steam, gas, water, sewer and other pipe
lines or conduits, overhead and underground wires or other structures,
either public or private, railroads and other owners of property, when such
property is liable to injury or damage by reason of the execution of the
work, in order that the owner or owners of such utility or other property
may remove or protect the same.
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If any railroad, or other'owner,or.owners of;any_property liable to be affected,
endangered or damaged by the constructionof the work, does nor protect its or
their property, then the Contractor must do so. The Contractor shall receive
no compensation over the unit and lump sum prices specified in the proposal
for the completion of this contract, which prices shall cover every item of
additional cost for all the material and labor necessary to support, protect,
or remove such tracks, pipes, conduits, overhead wires and structures, and
other improvements, during the construction of said work across, under, over,
along, or near the same.
The Contractor shall use every precaution on the work to prevent harm or
accident to the property, passengers, employees, or patrons of public util-
ities, either publicly or privately owned, and to any other person legiti-
mately employed on the premises, and the Contractor shall assume all liability
for damages accruing from an accident, which may be due to his carelessness,
omission or neglect once work has begun, the Contractor shall prosecute the
work as rapidly as possible under, along and near such property as may be
liable to damage thereby.
Except as provided in the Detailed Specifications, all permits and licenses
required in the prosecution of any and all parts of the work shall be secured
and paid for by the Contractor.
The Contractor shall take such measures as are necessary to protect any and
all pipes, sewers, and other structures belonging to the Owner and shall be
responsible for any damage resulting thereto. The Contractor shall not be
entitled to any damages or extra pay on account of any postponement, inter-
ference, or delay caused by any such structures being on the line of the work,
whether such structures are shown on the plans or not.
20. PROTECTION OF MONUMENTS. The protection of local, state or Federal.
government monuments, street signs or other property is of prime importance.
21. ACCIDENT PREVENTION. Reasonable precautions shall at all times be
exercised for the safety of employees on the work; and applicable provisions
of the federal, state or municipal safety laws and building and construction
codes shall be observed.
The Department of Labor of the State of Arkansas has prepared a safety code,
Safety Code No. 9, for the guidance of contractors and the protection of
workmen and the public. The Contractor shall familiarize himself with the
provisions of this code, and shall comply with the rules and regulations
provided therein. The code requirements are enforceable by the Department
of Labor, and it is the responsibility of the Contractor to see that they
are carried out. The responsibility for the interpretation and implementation
of the provisions of the code does not rest with the Owner, the Engineer, or
their representatives.
22. USE OF EXPLOSIVES. When the use of explosives is necessary for the
prosecution of the work, the Contractor shall observe all local, state and
Federal laws in purchasing and handling explosives. The Contractor shall
take all necessary precaution to protect completed work, neighboring property,
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water lines, or other underground structures. Where there is danger to struc-
tures
or property from blasting, the charges shall be reduced and the material
shall be covered with suitable timber, steel or rope mats.
The Contractor shall notify all owners of public utility property of intention
to use explosives at least eight hours before blasting is done close to such
property.
The Contractor shall submit to the Owner a certificate of insurance covering
such blasting operations. Such insurance shall be in the same amount as is
the public liability requirements under Section 28 of the Instructions to
Bidders.
23. DANGER SIGNALS AND SAFETY DEVICES. The Contractor shall take all necessary '
precautions to guard against damages to property and injury to persons. He
shall put up and maintain in good condition sufficient red or warning lights
at night and shall provide suitable barricades and other devices necessary to
protect the public. In case the Contractor fails or neglects to take such
precautions, the Owner may put up such lights and barricades and charge the
cost of this work to the contract. Such action by the Owner does not relieve
the Contractor of any liability incurred under these specifications or contract.
24. PROVISION FOR EMERGENCIES. If, in the absence of the Contractor or his
representative, an emergency shall arise and immediate action shall be con-
sidered necessary in order to protect the public or private or personal
property, then, and in that event, the Owner, with or without notice to
the Contractor, may provide suitable protection to the said interests by
causing such work to be done and material to be furnished and placed as may
be considered necessary and adequate. The cost and expenses of such work
and materials so furnished shall be borne by the Contractor, and if the same
shall not be paid on presentation of the bill therefor, then such costs will
be deducted from any amounts due or to become due the Contractor.
25. SIDEWALK CROSSINGS. The Contractor will provide suitable sidewalk '
crossings wherever sidewalks are obstructed.
26. PRIVILEGES OF CONTRACTORS IN STREETS. The Contractor will be entitled
to use such streets, alleys, roadways, or parts of the streets and alleys
as are necessary for the prosecution of the work.
The Contractor will take care to keep streets open for use whenever practi- ,
cable; cross streets will be kept open wherever possible.
The Contractor will notify the Fire Chief when a street is closed and shall
again notify him when it is opened for traffic. In case no adequate detour
can be provided, the Contractor will stand in readiness to provide a crossing
in case of any emergency.
27. LAWS AND ORDINANCES. The Contractor shall keep himself fully informed
of all existing and current ordinances and regulations of the Owner, and of
county, state and federal laws in any way limiting or controlling the actions
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or operations of those engaged upon the work,or.affecting the materials
supplied to or by them. He�shali at all times observe and comply with all
such ordinances, regulations and laws, and shall protect and indemnify the
Owner and its officers and agents against any claims or liability arising
from or based on any violation of the same.
28. SOURCE OF SUPPLY AND QUALITY OF MATERIALS. The Contractor shall not
start delivery of materials until the Engineer has approved the source of
supply. Only materials conforming to the requirements of these specifi-
cations will be used in the work and such materials shall be' used only after
written approval has been given by the Engineer and only so long as the
quality of said materials remains equal to the requirements of the speci-
fications. The Contractor shall furnish approved materials from other
sources if for any reason the product from any source at any time before
commencing or during the prosecution of the work proves unacceptable.
After approval, any materials which have become mixed with or coated with
dirt or any other foreign substance during delivery and handling shall not
be used in the work.
' 29. INSPECTION OF MATERIALS. All materials used and equipment furnished
for the construction of the project shall be subject to test according to
accepted standards, when necessary in the opinion of the Engineer or so
' required in these specifications. The laboratory or inspection agency will
be selected by the Owner. The Owner will pay for all laboratory inspection
service, except when otherwise provided in the Detailed Specifications and
except for tests which are made for the convenience of the Contractor.
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All material shall be subject to the inspection of the Engineer and only
such materials shall be used as are in his opinion suitable or of acceptable
quality, and in accordance with the terms and conditions of the contract,
plans, and specifications. Where required by the Detailed Specifications,
the Contractor shall furnish a simple field laboratory for making the most
common field or plant tests of materials. Where required by the Detailed
Specifications, the Contractor shall, in addition to furnishing the usual
samples of materials, forward to the Engineer or to the laboratory selected
by the Engineer, samples of materials taken at their source. In case such
samples are requested, the Contractor shall not ship materials from such
sources until the source has been approved by the Engineer. The approval
of the source of materials does not in any way relieve the Contractor from
furnishing materials as specified.
30. OPEN SPECIFICATIONS. Where materials or equipment are specified by a
trade or brand name, it is not the intention of the Owner to discriminate
against an equal product or another manufacturer, but rather to set a
definite standard of quality or performance, and to establish an equal
basis for the evaluation of bids. Where the words "equivalent," "proper,"
or "equal to" are used, they shall be understood to mean that the thing
referred to shall be proper, the equivalent of or equal to some things, in
the opinion or judgment of the Engineer.
' Unless otherwise specified, all materials shall be the best of their res-
pective kinds and shall be in all cases fully equal to approved samples.
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Notwithstanding that the words "are equal to" or other such expression may
be used in the specifications in connection with a material, manufactured
article or process, the material, article or process specifically designated
shall be used, unless a substitute shall be approved in writing by the
Engineer, and the Engineer shall have the right to require the use of such
specifically designated materials, articles or processes. In case the Owner
has good and sufficient reason to choose a particular brand or product, it
reserves the right to require at the time of the award of the contract or the
approval of the item, the use of said product and pay from its own funds (not
federal matching funds) the net added cost to the Contractor over that of any
item which would otherwise meet the specifications.
31. STORAGE OF MATERIALS. Materials shall be stored so as to insure the
preservation of their quality and fitness for the work. When directed by
the Engineer, they shall be placed on a wooden platform or other hard, clean
surfaces and not on the ground, and shall be placed under cover when directed. '
Stored materials shall be located so as to facilitate prompt inspection.
32. PATENT RIGHTS. All fees for any patented invention, article, or arrange-
ment that is used in any manner connected with the construction, erection or
maintenance of the work, or any part thereof embraced in the contract and
these specifications, shall be included in the price stipulated in the con-
tract for such work, and the Contractor must protect and hold harmless the
Owner against any and all demands of such fees and claims.
33. SETTING AND FINAL ADJUSTMENT OF EQUIPMENT. When a particular manu-
facturer's
equipment is furnished, it shall be the responsibility of the
Contractor to furnish an engineering representative of the manufacturer who
shall supervise the final setting and adjustment of the equipment.
34. SANITARY CONVENIENCES. Sanitary conveniences, consistent with good
health standards and decency, shall be provided for the workmen.
35. DRINKING WATER. The Contractor shall provide a safe drinking water for
all workmen. The water shall come from a safe source approved by the State
Department of Health. Water shall be delivered to workmen through an approved
water spigot or angle jet fountain; the use of common drinking cups will be '
prohibited.
36. USE OF WATER. Water, if available, will be furnished without cost to
the Contractor. The Contractor will furnish all material and make all
connections under the supervision of the Owner.
37. SUNDAY, HOLIDAY AND NIGHT WORK. No work shall be done between the hours '
of 6:00 p.m. and 7:00 a.m., or on Sundays or legal holidays, except work as
is necessary for the proper care and protection of work already performed, or
in case of any emergency. 1
It is understood, however, that night work may be established as a regular
procedure by the Contractor if he first obtains the written permission of the
Engineer, but that such permission may be revoked at any time by the Engineer,
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if the Contractor fails to maintain at night�afikadequate force and equipment
for providing finished work' in accordance with 'the'requirements of the speci-
fications.
38. REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK. All work which has been
' rejected or condemned shall be repaired, or if it cannot be satisfactorily
repaired, it shall be removed and replaced at the Contractor's expense.
Defective materials shall be "removed immediately from the site of the work.
Work done without lines and grades having been given, work done beyond the
lines, or not in conformity with the grades shown on the plans, or as given
(save as herein provided), work done without proper inspections, or any extra
1 or unclassified work done without written authority and prior agreement in
writing as to prices, will be done at the Contractor's risk and will be
considered unauthorized, and at the option of the Engineer may not be
measured and paid for, and may be ordered removed at the Contractor's
expense.
Upon the failure of the Contractor to satisfactorily repair, or to remove
' or replace, if so directed, rejected, unauthorized or condemned work or
materials immediately after receiving notice from the Engineer, the Engineer
shall, after giving written notice to the Contractor, have the authority to
cause defective work to be remedied or removed and replaced, or to cause
unauthorized work to be removed and to deduct the cost thereof from any
compensation due or to become due the Contractor.
' 39. TEMPORARY SUSPENSION. The Engineer shall have the authority to suspend
the work wholly or in part for such period or periods as he may deem necessary
due to unsuitable weather, or such other conditions as are considered un-
' favorable for the production of work to meet the requirements of the plans
and specifications.
' If it should become necessary to stop work for an indefinite period, the
Contractor shall store all materials in such a manner that they will not
obstruct or impede the traveling public unnecessarily nor become damaged
' in any way, and he shall take every precaution to prevent damage or deter-
ioration of the work performed, and shall provide suitable drainage about
the work and erect temporary structures where necessary.
' The Contractor shall not suspend work without written authority from the
Engineer and shall proceed with the work promptly when notified by the
• Engineer to resume operations.
40. LIQUIDATED DAMAGES. The Contractor shall commence work within the
time limits set out in the contract. If the Contractor fails to complete
the contract within the time stipulated in the proposal and provided in the
contract, the Contractor shall pay the Owner liquidated damages as provided
in the contract for each calendar day of delay in completion. If the
Contractor be delayed at any time in the progress of the work, or by
strikes, lockouts, fire, unusual delay in transportation, unavoidable
casualties or any causes beyond the Contractor's control, or by delay
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authorized by the Engineer pending arbitration, or by any cause which the
Engineer shall decide to justify the delay, then the time of completion
shall be extended for such reasonable time as the Engineer may decide.
No such extensions shall be made for delay occurring more than seven days
before claim therefor is made in writing to the Engineer. In the case of
a continuing cause of delay only one claim is necessary.
41. EXTRA TIME ALLOWANCE. Except as provided in Article 40 above, no
allowance shall be made of additional time for the contract unless the
Contractor shall be delayed or restrained from prosecuting the work or some
part thereof by injunction or other legal proceedings or delay on the part
of the Owner to comply with the obligations imposed upon it by the law of
the contract; provided that the time limit herein provided may be extended
by Resolution or Ordinance of the Owner for any number of days to be stated
in such Resolution or Ordinance. The liability of the Contractor and the
Surety Company shall not be affected or in any manner released by an exten-
sion of the time of the completion and acceptance thereof. Any extension
of the time to the Contractor by Resolution or Ordinance shall not release
the Contractor and Surety herein from the payment of the liquidated damages ,
as provided for any period of time not included in the original contract or
the time extension, as herein provided.
In no event shall the Owner be liable or responsible to the Contractor, Surety,
or any person, for, or on account of, any stoppage or delay of work herein
provided for by injunction or any other kind of legal, equitable proceedings, t
or from or by, or on account of, any delay from any other cause whatsoever.
42. MODIFICATIONS AND ALTERATIONS. The Contractor agrees that the Owner
shall have the right, when in its opinion it becomes necessary in the pro-
secution
of the work to modify the arrangement, character, grade or size
of the work or appurtenances, but such modifications or alterations shall
only be made on the order of the Owner, except as provided in Section 46
herein. Such order shall be of no effect until the price to be paid for the
work or material under such modified or altered contract has been agreed
upon in writing and signed by the Contractor and the Owner and the Contractor
shall not be allowed to recover anything for work performed or materials used
by reason of any modifications or alteration of this contract, unless an
order is made and agreement signed as aforesaid, nor shall the Contractor in
any case be allowed to recover more for such work and materials than said
agreed price.
43. TRANSFER OF CONTRACT. If the Contractor shall at any time assign, sell
or sublet, pledge or mortgage any part of this contract without the written
consent of the Owner, the same may work as a forfeiture on the part of the
Contractor.
44. ANNULMENT OF CONTRACT. The power is reserved to the Owner to suspend
or annul the contract in whole or in part or to suspend the doing of any work
thereunder at any time for any failure on the part of the Contractor to comply
with the terms of these specifications. If the contract be so suspended
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' or annulled in whole or in part on account of... the fault of the Contractor to
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fulfill his obligations liereunder, then the Contractor shall not be entitled
'to anything on account of damages thereby, nor shall annulment or suspension
in any wise affect the right of said Owner to damages and penalties claimed
by it on account of failure of said Contractor; but said annulment or suspen-
' sion must be ratified by the Owner before becoming final.
45. DEFENSE OF SUITS. In case any action at law or suit in. equity is brought
against the Owner or any of its officers or agents for or on account of the
' failure, omission or neglect of the Contractor or his subcontractors or his
or their employees or agents, to do and perform any of the covenants, acts,
matters or things by this contract undertaken to be done or performed by the
' Contractor or his subcontractors or his or their employees or agents, or for
any injury or damage caused by the negligence or alleged negligence of the
Contractor or his subcontractors or his or their employees or agents, the
Contractor shall indemnify and save harmless the Owner, its officers and
' agents of and from all losses, costs, actions, or lawsuits as may be brought
as aforesaid.
' 46. ESTIMATED QUANTITIES. The Contractor agrees that the quantities of work
as stated in his proposal and bid or indicated on the plans are only approxi-
mate, and that during the progress of the work the Owner may find it advisable,
and it shall have the right, to omit portions of the work and to increase or
decrease the quantities, and that the Owner reserves the right to add to or
take from any item as may be deemed necessary or desirable. Changes in the
total amount (such restriction not to apply to individual items) of the contract
' price is not to exceed 10 percent of the base bid without the written consent
of the Contractor. Under no circumstances or conditions will the Contractor
be paid anything on account of anticipated profits upon the work or any portion
' thereof covered by this contract, which is not actually performed and which
has not actually entered into the construction of said improvements.
47. METHODS OF MEASUREMENTS. Unless specifically stated otherwise in this
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contract, no extra measurement or measurements according to local custom of
any kind shall be allowed in measuring the work under this contract, but
only the length, area, solid contents, number, weight or time in standard
' units, as the case may be, shall be considered. .
48. PRICES. In consideration of the faithful performance by the Contractor
of all the conditions, provisions and covenants of the contract and the speci-
fications, to the satisfaction of the Owner, the Owner shall pay and the
Contractor shall receive, the prices stipulated in his proposal and bid
attached hereto and made a part hereof, and full compensation for everything
' furnished or done by the Contractor under the contract. The Owner also agrees
to pay in addition such amounts as may be agreed upon for alterations and
changes as set out in these specifications.
' 49. MONTHLY ESTIMATES AND PAYMENTS. On or about the first day of each month
the Engineer will make an approximate estimate of the value of the work done
and materials furnished in place on the work during the previous calendar month.
He will also include the cost value of freight for equipment and materials
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readily accounted for, but not such items as cement, aggregate, lumber, nails '
and miscellaneous items.
The Contractor shall furnish to the Engineer such detailed information as he
may request to aid him as a guide in the preparation of monthly estimates.
After each such estimate shall have been approved by the Owner, the Owner
shall pay to the Contractor 90 percent of the amount of such estimated value
of materials furnished and work done during said previous calendar month. If
the Owner shall at any time fail to make the Contractor a monthly estimate at
the time herein specified, such failure shall not be held to vitiate or void
the contract.
49A. PAYMENT PROCESSING FOR PROJECT WITH STATE OF ARKANSAS APPROPRIATED MONIES.
The Arkansas Department of Finance and Administration has developed procedures
to administer Act 813 of 1977 regarding payments to contractors. The following
excerpt from said act sets out maximum processing time for payment requests.
"Act 813 of 1977 allows a maximum processing time for contract payment requests.
The architect [Engineer] is allowed five (5) working days; the state agency,
board, commission, or institution five (5) working days; Arkansas State Building
Services two (2) working days; Department of Finance and Administration five (5)
working days. Transmittal times are not included in processing. Failure of
any of the above to complete processing within the time allowed can result in a
penalty being assessed against the responsible agency. Failure to include this
information in the bid documents or specifications shall deem the bid proposal
null and void."
50. CLEANING UP. The Contractor shall not allow the site of the work to
become littered with trash and waste materials, but shall maintain the same
in a neat and orderly condition throughout the construction period. On or
before the completion of the work, the Contractor shall, without charge there-
for, carefully clean all paving and clean out all pits, pipes, chambers or
conduits, and shall tear down and remove all temporary structures built by
him, and shall remove all rubbish of all kinds from any of the tracts or grounds
which he had occupied, and shall leave them in first class condition.
51. ACCEPTANCE OF THE WORK. It shall be the duty of the Engineer to deter-
mine
when the work is complete and the contract fulfilled, and to recommend
its acceptance by the Owner.
52. FINAL ESTIMATE AND PAYMENT. After official approval and acceptance of
the work by the Owner, the Engineer shall be authorized to prepare a final
estimate of the work done under this contract and the value thereof. Such
final estimate shall be submitted to the Owner within 10 days after its pre-
paration
has been authorized as aforesaid. And the Owner shall, within 30
days after said final estimate is made and certified, pay the entire sum so
found to be due hereunder, after deducting all amounts to be kept and retained
under any provisions of this contract. All prior estimates and payments shall
be subject to correction in the final estimate and payment. But, in the
absence of error or manifest mistakes, it is agreed that all estimates, on
the certificate of the Engineer, when approved by the Owner, shall be conclusive
evidence of the work done and materials furnished.
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Where part of the monies for.construction;of the; :project is being obtained
•
by grant or loan from Federal°agencies, such asoften is the case, the final
estimate will not be certified until the project has been approved by the
responsible Federal agency, and the final payment will not be made until the
monies are received from such agency. Consequently, there is under such
circumstances the possibility and likelihood of a delay in making said final
payment in excess of the customary thirty days as is the case when the Owner
has all necessary monies on hand. '
53. RELEASE OF LIABILITY. No person, firm or corporation, other than the
signer of this contract as Contractor, has any interest hereunder, and no
claim shall be made or be valid, and neither the Owner nor any employees or
agent thereof shall be liable or be held to pay any money, except as herein
provided. The acceptance by the Contractor of the last payment shall operate
as, and shall be, a release to the Owner and every officer and agent thereof,
from all claims and liability to the Contractor for anything done or furnished
for, or relative to the work, or for any act or neglect of the Owner or of any
person relating to or affecting the work.
54. CORRECTION OF WORK AFTER FINAL PAYMENT. Neither the final certificate
nor payment nor any provision in the contract documents shall relieve the
Contractor of responsibility for faulty materials or workmanship, and unless
otherwise specified, he shall remedy arty defects due thereto and pay for any
damage to other work resulting therefrom, which shall appear within a period
of one year from the date of substantial completion. The Owner shall give
notice of observed defects with reasonable promptness. All questions arising
under this article shall be decided by the Engineer subject to arbitration.
General Conditions
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G E N E R A L S P E C I F I C A T I O N S
PIPE SEWERS
1. 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 Contractor's work force, nor make the Engi-
neer responsible for providing a safe place for the performance of work bythe
Contractor or the Contractor's employees or those of the suppliers, his sub-
contractors, nor for access, visits, use, work, travel, or occupance by any
person, as these responsibilities are covered under the provisions of the
contract, the Contractor's insurance and performance bond and cannot be the
responsibility of the Engineer.
The above provision does not prevent the Engineer or his 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.
2. VITRIFIED CLAY SEWER PIPE. All clay sewer pipe and fittings for sanitary
sewers shall be of the best quality of hard -burned vitrified glazed clay bell
and spigot sewer pipe meeting the requirements of A.S.T.M. Designation C 13-57 T.
3. JOINTING, VITRIFIED CLAY PIPE.
A. Factory Installed Joints. Unless otherwise shown on the plans or provided
for in the Proposal and Detailed Specifications, the vitrified glazed clay
pipe shall also have factory -applied joints or coupling on the spigot and
bell ends of the pipe meeting A.S.T.M. Designation C 425, latest revision,
and compounded of a high quality polyurethane elastomer applied to the
pipe and properly manufactured to a desired hardness and compressibility
to form a tight compression joint. The resilient polyurethane should
have the following characteristics:
1. A minimum tear strength of 50 psi (A.S.T.M. D624).
2. Percent elongation of not less than 80 percent and shall return to
original volume and shape upon release of elongating force (A.S.T.M.
0412).
3. A compression set value of less than 5 percent (A.S.T.M. D395 A).
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.
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The factory -applied joint shall be the Dickey coupling, as manufactured
by the W. S. Dickey Clay Manufacturing Company, or an approved equal.
B. Installing Factory -Jointed Pipe. In jointing vitrified glazed pipe, the
surface shall be wiped free of dust, dirt, gravel, or other foreign
materials prior to the application of the lubricant. The vitrified
glazed clay pipe with the factory -applied coupling shall be connected
by first brushing upon the mating surfaces the proper lubricant as
recommended by the pipe supplier. The spigot end shall then be centered
on grade into the bell end of the last downstream clay pipe length and
shoved "home" and properly seated with the application of a moderate
force by a pry or lever device.
C. Poured Joints. Where poured joints are specified, the joint shall
consist of jute packing and of a joint poured with bitumastic material
as hereinafter specified. The spigot of the pipe shall first be centered
in the bell by caulking with dry jute packing. Only sufficient jute
packing shall be used to retain the filler. The use of oiled jute will
not be permitted. After centering, the joints shall be poured with a
rope or runner to be used to retain the joint material in the bell.
The minimum depth of the asphaltic point shall be 1-1/2 inches. The
pouring shall not be removed until the joint has completely set.
Pipes 15 inches and under may be poured on the surface in sections not
to exceed two joints, and lowered into the trench so that they will be
true to line and grade. After pouring, care shall be taken to prevent
pressure from being placed on the joints so that the pipe is not bent
out of line. Before the joints are made, both the bell and the spigot
end of the pipe shall be primed with an approved primer which will ensure
the adhesion of the joint material to the pipe.
The material shall meet the following requirements: The joint compound
shall be hot -poured, mineral -filled, plastic -type, and have the following
chemical and physical properties both before and after heating with
stirring in an open pot at 4300 F. to 4500 F. for five or eight hours.
(This is expected to approximate a working day on the job.)
Bitumen or other plastic
Inorganic Matter
Organic Matter insoluble in carbon
disulphide
Specific Gravity at 77° F.
(A.S.T.M. D 71-27)
Softening point, Degrees F.
(A.S.T.M. D 36-26)
Penetration at 320 F.
at 77° F.
at 115° F.
(A.S.T.M. D 5-25)
Flash Point (A.S.T.M. D 92-96)
Fire Point (A.S.T.M. D 92-46)
The compounds shall flow freely
at 4300 F.
38-43
57-62
Not more than 5 percent
1.65-175
200-230
Less than 0.5
Less than 0.5
Less than 2.5
Greater than 6000 F.
Greater than 6500 F.
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No chemical action shall take -.place when the joint compound is immersed
I.
for 60 days in each of -the following solutions: .5 percent H2304, 5 per-
' cent NaOH, 5 percent KOH, 5 percent NaOCL, water saturated with H2S or
raw sewage.
' The joints shall be made in accordance with the manufacturer's published
instructions. In general, the compound shall be heated in, a suitable
heater to a temperature of 4300 F. to 460° F. The material provided for
in these specifications shall be JC-60 Compound as supplied by the Atlas
Mineral Company, or approved equal.
4. CAST IRON PIPE. Where cast iron pipe is specified to be used, unless
' superseded in the Detailed Specifications or on the Plans, the pipe shall be
Class 150 cast iron pipe meeting A.S.A. Specifications A21.6 or A21.8, using
either 18/40 or 21/45 iron. The pipe shall be Type III joints, meeting Federal
' Specifications WW -P -421b, or slip-on joints as hereinafter specified, and shall
be coated with half standard thickness cement mortar lining, as set out under
Section 3.10 therein. Pipe meeting these specifications and having joints of
molded rubber rings, such as "U. S. Tyton" joints, may be used.
All pipe fittings shall have joints conforming in general to Type II or Type
III of the above referred to Federal Specifications.
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5. CEMENT PIPE. Unless otherwise specified in the Detailed Specifications,
pipe shall be standard vitrified clay pipe A.S.T.M. designation as set out
above. If cement pipe is specified for any of the various phases of the work,
it shall be of the bell and spigot pattern and shall conform to the current
specifications for cement concrete pipe of the A.S.T.M. (C14 for pipe from
4 inches to 24 inches inclusive, and C76 for pipe of larger sizes).
6. CONSTRUCTION IN GENERAL. Construction of sanitary sewers shall begin at
the low point of the line and continue in orderly succession throughout the
work as directed by the Engineer. Any deviation from this procedure shall be
made only with the specific approval of the Engineer, and only after the right
of way -has been cleared and the entire section staked and all elevations care-
fully checked by the Engineer.
Laterals and mains shall not be constructed before their connection outfalls
have been completed.
Unless specifically approved by the Engineer, appurtenances such as manholes,
branch crossings, etc., shall be built as the work progresses.
7. EXCAVATION. The Engineer shall have the right to limit the amount of
trench excavated in advance of laying of pipe. In general, such excavation
shall not exceed 300 feet and trench excavated to grade shall not exceed
150 feet.
The bottom of the trench shall be excavated to a true line and grade according
to the grades and lines furnished by the Engineer. For pipe sewers, the bottom
of the trench under each bell shall be excavated sufficiently to allow the pipe
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to rest throughout its length. Bell hole excavation shall also be sufficient '
to allow proper placing of the joint compound.
Rock shall be excavated to a depth of not less than 3 inches below the estab-
lished
grade line and refilled with sand or other approved material to an even
surface for pipe to rest upon throughout its length. Every trench in rock
shall be fully opened at least 50 feet in advance of the place where pipe
is being laid or concrete or masonry work is in progress.
8. TUNNELING. In general, all excavation will be in open trenches.
Tunneling will be permitted only on the written order of the Engineer or
wherever shown on the plans or specified herein. Tunnels constructed beneath
streets, railroad tracks or at other places, when so ordered by the Engineer,
shall be backfilled with sand, or if water is used in placing and back -
filling, they shall be completely flooded. The opening must be completely
filled with compacted material. If so ordered, loam soil may be used and
thoroughly tamped with air driven tampers. Attention is called to the Plans
and Detailed Specifications relating to highway and railroad crossings.
9. USE OF EXPLOSIVES. When the use of explosives is necessary for the
prosecution of the work, the Contractor shall observe all local, state and
Federal laws in purchasing and handling explosives. The Contractor shall
take all necessary precaution to protect completed work, neighboring property,
water lines, or other underground structures. Where there is danger to
structures or property from blasting, the charges shall be reduced and the
material shall be covered with suitable timber, steel or rope mats.
The Contractor shall notify all owners of public utility property of intention
to use explosives at least eight hours before blasting is done close to such
property. Any suggestions as to the use of explosives by the Engineer does
not in any way reduce the responsibility of the Contractor or his surety for
damage that may be caused by such use.
10. BRACING AND SHORING. The sides of any excavation, when deemed necessary,
shall be properly supported with bracing, shoring or sheeting as the need may
be. Such bracing and shoring shall be withdrawn as the work progresses. In
case the excavation is close enough to buildings or other foundations as to
endanger their stability by the removing of such bracings, then they shall be
made secure and left in place, and the sewer trench backfilled and thoroughly
tamped with the bracing in place. Such work shall be done under the direction
of the Engineer. The Contractor will not be paid for such bracing, sheeting,
or shoring whether it is withdrawn or left in the trench.
11. REMOVAL OF WATER AND MUCK. The Contractor shall provide sufficient pumps
and other necessary equipment to keep the trench free of water which may
accumulate. If the bottom of the trench becomes soft and muddy, the Contractor
shall remove all such soft material and replace it with dry loam or sand at
his own expense.
12. EXCAVATION FOR MANHOLES. Excavation for manholes will be made of such
dimension and depth as to allow the construction of the manhole as shown on
the standard plans.
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After the manhole is completed and„approved by,the Engineer, the earth shall
be tamped around the outsidetto'a firm; compact'condition.
No extra payment will be made for manhole excavation outside of the pay lines
of the sewer excavation proper.
13. CLASSIFICATION OF EXCAVATED MATERIALS. Unless specifically provided for
in the Detailed Specifications and Proposal, no provision is made for classi-
fying excavation. In certain instances, however, provision is made in the
Proposal for payment for rock excavation. Most of the work is generally in
an area which might be underlaid with broken chert, and in some instances may
be solid sections of sandstone or limestone rock. To make a distinction
between what should be classified as rock is very difficult. Consequently,
the pay item for rock under this contract, if provision is made for such
payment, will include:
1. All rock or chert in solid layers.
2. All consolidated chert which cannot be normally excavated with
t a three-quarter yard backhoe without undue damage to equipment.
Broken and badly weathered chert which can be readily removed
will not be classified as rock.
Where broken.chert.or rock is consolidated so that it is only removed with
considerable difficulty by the use of a backhoe, or requires undue hammering
with the bucket, or where heavy rippers are required, or where it is necessary
that materials be blasted, it shall be classified as rock.
Rock or broken chert, excavated in construction of right of way, will not be
' classified and paid for as rock.
Measurement for rock excavation will be made on the basis of a ditch width
' of 16 inches greater than the outside dimensions of the pipe being laid.
Rock excavated shall be measured on the job at the end of each day's opera-
tion, and the quantity of rock agreed upon between the inspector and the
Contractor or the Contractor's representative shall be recorded and initialed.
14. BACKFILLING. Backfilling shall consist of good earth, sand or gravel
free from all large stones or quantities of organic matter. Where other
materials such as concrete encasements are not specified on the plans, thin
layers of topsoil shall be thoroughly tamped evenly on both sides of the
pipe sewer so as to hold it in true alignment. This tamped material shall
extend at least to the top of the pipe. The trench shall then be filled by
hand with selected backfill material to at least 12 inches above the top of
the pipe. Where practical, or if in the opinion of the Engineer it is
necessary, the Contractor will compact the fill by flooding it with water.
Other methods of compaction are normally set out in the Detailed Specifi-
cations.
Unless specifically set out in the Proposal, payment for backfilling shall be
included in other Proposal pay items.
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15. REMOVAL OF EXCESS EXCAVATION. Normally all excess material excavated
from the ditch line shall be removed from the site of construction. The Owner
may require that this material be deposited in selected spoil areas within
1,000 foot haul of the point of removal. If such areas of disposal are not
designated by the Owner, all excess material shall be disposed of by the
Contractor in an acceptable manner, at his own expense.
16. LAYING PIPE SEWERS. The connection of sewers to other sewers or appur-
tenances shall be in accordance with the Plans or under the direction of the
Engineer. The work shall be done in a workmanlike manner in such a way as
not to damage any other structures involved.
Sewer pipe shall be laid on a firm bed and in a perfect conformity with lines
and levels given.
All pipe shall be laid with even bearing on the bottom of the trench, which
shall be shaped with earth and prepared to conform to the form of pipe.
Niches of sufficient dimensions shall be cut in the bottom of the trench to
give perfect clearance to the bell of the pipe, but no larger than is
necessary to make a proper joint. '
The inside shoulder of the bell and spigot ends must in all cases meet; the
bell end in all cases shall be laid toward the high end of the sewer.
The grade of the pipe shall be obtained by the use of batterboards and a
"topline" and the Contractor will be required when practical, where pipe
laying is in progress, to maintain the "topline" for a distance covering
at least three grade stakes at all times. A graduated pole or rod shall be
provided for measuring from the cord stretched between batterboards to the
bottom of the trench while the trench is being prepared and to the sewer
invert while the sewer is being placed.
At all times during the progress of the work, the open end of the pipe shall
be temporarily closed with a wooden cover made for the purpose.
17. SEWER WYES. Sewer wyes are not normally specified but whenever a property
holder, with the approval of the Owner, desires to connect to the sewer while
the work is in progress, the Contractor shall install a standard wye connection
and stack and shall receive payment from such property holder without obli-
gation to the Owner. No deduction in the length of sewer pipe laid shall be
made for the installation of such wye. If no unit price is set out in the
Proposal, arrangement as to price may be agreed upon by the property holder
and the Contractor. In case sewer wyes are provided for in the Plans and
Proposal, they shall be installed as specified for the unit prices set out
in the Proposal.
18. LAMP HOLES. Lamp holes shall be constructed at the locations shown on
the Plans and shall conform to the Detailed Plans for such work. Payment for
construction of lamp holes shall be made on a unit basis for each lamp hole
regardless of depth.
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19. MEASUREMENT AND PAYMENT•.FOR PIPE SEWERS. Pipe sewers shall be measured
for payment in linear feet along the centerline'of the sewer actually laid.
No deductions will be made for wye branches or manholes, measurement being
from center to center of manhole, or center of manhole to center of lamp
hole. Deductions will be made for special structures unless otherwise shown
on the Plans. Sewers which extend only through the walls of a. structure will
be measured to the actual end of the pipe except as provided for measuring
sewers through standard manholes. Where branch openings in manholes are
provided for future construction, payment shall be made for such branch
opening according to the size of the opening and the number of feet from the
center of the manhole to the plugged end of the stub pipe. The cost of
placing caps on the end of pipe shall be included in the price per linear
foot of pipe.
If the Proposal provides for unit price payment for pipe sewers, payment
shall be made at the unit price bid per linear foot of the size pipe speci-
fied, complete in place from 0 to 6 feet in depth. Extra depth trench shall
be paid for at the unit price bid for the extra depths as set out in the
Proposal. Example: The Contractor will be paid for the unit price bid for
8 inch vitrified clay pipe sewers, 0 to 6 feet in depth, complete in place.
In addition, if the ditch is 9 feet 6 inches deep, he would be paid for
additional ditch depth at the bid price for "Linear Feet, Extra Depth Trench,
8 to 10 feet in depth." (The unit price for "Linear Feet, Extra Depth
Trench, 6 to 8 feet in depth" would NOT be included in the price paid the
Contractor.)
The Contractor would also be paid for other work for which a unit price is
set out in the Proposal, such as rock excavation, special compaction and
pavement repairs.
20. MANHOLES. Manholes may be constructed of brick; 8 inch vitrified clay
radial manhole blocks; solid, precast, segmental, concrete masonry blocks;
or precast concrete manholes may be used.
A. Brick. All brick shall be hard burned mud or shale sewer, or No: 2
pavers, having one side fairly smooth, which smooth side shall be laid
to the inner side of the sewer manhole. They shall conform to the
standard specifications for paving brick of the A.S.T.M., Serial
Designation 6-7-15.
B. Vitrified Clay
Radial Manhole Blocks.
All vitrified clay radial
manhole
blocks shall be
hard burned blocks as
manufactured by Hope Brick
Works,
Hope, Arkansas,
or equal.
C. Masonry Blocks. These blocks shall be solid, precast, segmental,
concrete masonry blocks. They shall conform to A.S.T.M. Specifications
C139, with the following modifications:
1. Minimum compressive strength shall be 3,500 pounds per square inch.
2. The units shall be steam cured for a minimum of 8 hours.
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D. Precast Concrete Manholes. In general, precast concrete pipe manholes
shall be manufactured in compliance with the Standard Specifications for
Reinforced Concrete Sewer Pipe, A.S.T.M. Designation 1964 C478 of the
A.S.T.M., with the exception of steel reinforcement and strength tests.
The concrete used shall have a compressive strength of 4,000 psi; maximum
absorption determined by boiling test shall be 8 percent. Steel rein-
forcement
shall consist of a single line of circumferential reinforcement,
placed in the center of the concrete pipe wall, with a minimum sectional
area of .17 square inches per foot of pipe length.
The internal diameter of the manhole sections shall be 48 inches and the
wall thickness 5 inches. The cone sections shall have internal diameters
of 48 inches at the base and 24 inches at the top and a vertical length
of 36 inches. Other manhole pipe sections shall be made in lengths of
16, 32, 48 and 64 inches.
When cast iron steps are used, the multiple of 16 inch length concrete
pipe sections are required to maintain the 16 inch step interval. Neenah
R198oE 10 inch wide cast iron manhole steps, or equal, shall be used.
However, where steps are not required and portable ladders are used for '
Base sections shall have a flat bottom, with or without openings to '
straddle the sewer pipe line. Openings can be made only in the base
sections with a vertical length of 32, 48 or 64 inches. One to four
openings of varying sizes shall be provided in any base section to
accommodate lateral sewers up to a maximum of 24 inches in diameter.
For the larger sewers, concrete should be cast to the top of the
laterals. '
E. Mortar. Mortar for construction of manholes shall be mixed in the
proportion of one part of Portland cement to two parts sand. The
mixture shall be dry -mixed until it has a uniform color, after which
water shall be added as the mixing continues until the mortar has a
consistency such that it can be easily handled and spread with a
trowel. Mortar that is not used within 30 minutes after water has
been added shall not be used. Sand shall be as specified for Class "A"
concrete.
access
to
the sewers,
straight
sections of the required
lengths can be
varied
as
specified.
F. Joints. All brick or block shall have full mortar joints on the bottom '
and sides. Every joint shall be formed at one operation by placing
sufficient mortar on the bed and forcing the brick or block into it.
Horizontal joints shall not exceed 3/8 inch and the vertical joints
on the inside of the manhole shall not exceed 1/4 inch.
G. Plastering Manholes. All manholes, except precast concrete manholes,
shall be plastered on both the inside and outside with 1/2 inch of
cement mortar. The plaster shall be smoothly laid, and on the inside
of the manhole all rough projections shall be removed.
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H. Manhole Steps. Manhole steps-.are;requiredk.n all manholes 4 feet deep or
more. During the construction of'each manhole, cast iron steps shall be
set in place on the inside of the manhole, beginning 2 feet above the
bottom and placed not more than 18 inches below the top of the manhole.
These steps are to be built to the dimensions shown on the Plans. The
ends shall be firmly built into the wall, allowing the steps to project
5 inches from the inside of the manhole.
I. Manhole Frames and Covers. The castings for manholes and other appur-
tenances shall beconstructed according to the Plans for same on file
in the office of the Engineer.
All castings for manhole heads, covers and other purposes must be of
tough gray iron, free from cracks, holes, swells and cold shuts, shall
be of workmanlike finish, and shall conform to the Plans. The quality
shall be such that a blow from a hammer will produce an indentation on
a rectangular edge of the casting without flaking the metal. Before
leaving the foundry, all castings shall be thoroughly cleaned and
subjected to a hammer inspection.
The manhole cover and cover ring shall be of cast iron and shall not
weigh less than 300 pounds, and shall conform to the Plans on file in
the Engineer's office.
J. Manhole Bottoms. The Plans show manhole bottoms and inverts to be built
of Class A concrete. These are not a separate pay item.
•K. Connections to Manholes. Pipe connections to manholes are a constant
source of potential trouble. In order to ensure that pipe will not
break immediately adjacent to the manhole, care shall be taken that
excavation for the manhole bottom is limited to the area to be filled
with concrete. The Contractor shall support pipe entering the manhole
ALL CF THE WAY to solid bedding by backfilling under the pipe and up to
midspring line with Class B concrete.
L. Manhole Heights. Manholes are to be built to the existing ground surface
in all cases. When this is above the proposed street grade, the manhole
brickwork shall be drawn into a 25 inch diameter at a point 1 foot below
said street grade, and the remainder shall be built as a 25 inch diameter
cylinder. Manholes shall be built to additional heights when required
by the Plans. In all cases, after sewer construction is complete, the
top of the manholes shall be adjusted to fit the finished grade or to
the elevation shown on the plans.
M. Drop Manholes. Drop manholes, unless otherwise shown on the Plans, shall
be constructed at all manholes where the difference in invert elevation
between incoming and outgoing sewer is 2.5 feet or more. Drop manholes
shall be constructed of the same materials and dimensions as are standard
manholes, the only difference being in the inlet arrangements as shown
on the standard detail sheet.
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N. Payment for Manholes. Payment for construction of manholes shall include
every item of construction and materials, except that additional payment
shall be made for such pipe sewers as extend into or pass through them,
including all piping for drop manhole arrangement and pipe stubs. No
extra payment will be allowed for excavation, concrete, brick, steps,
manhole ring and lid, or other items excepting pipe sewers as provided
above.
Payment will be based upon the unit price bid for each manhole 6 feet or
less in depth, measured from the flow line of the sewer to the top of the
manhole. No distinction will be made between payment for standard and
drop manholes except as specified above in payment for pipe. Additional
payment will be made for manholes more than 6 feet in depth according to
the unit price bid for each additional foot or fraction thereof in excess
of the 6 foot depth.
21. INFILTRATION. After the contract is completed and the ditch settled,
infiltration, or pipe leakage, shall not exceed 500 gallons per day per mile
of pipe per inch of pipe diameter. If poured joints are used, the leakage
shall conform to A.S.T.M. Designation C 425.
If infiltration or leakage exceeds this amount, the Contractor shall make such
repairs as are necessary to bring infiltration or leakage within specified
limits. The Contractor shall test the line by blocking off the various
sections of pipe, filling the line with water and measuring the leakage.
Particular attention is called to the fact that well laid pipe with premolded
joints should be nearly watertight, and that often leakage is found in im-
properly built manholes. For this reason, special attention is called to
manhole construction required to prevent leakage regardless of the hydraulic
head on the outside of the manhole.
22. PAVED STREETS AND SIDEWALKS. Whenever sewers are built under normal
4 foot sidewalk crossings, the Contractor shall make necessary excavation by
tunneling and payment for such work shall be in accordance with the price bid
for excavation. If in the opinion of the Engineer it is necessary to cut the
sidewalk, the Contractor shall replace such sidewalk in accordance with his
contract. If payment is on a unit price basis, the Contractor shall be paid
for a cut equal to the outside pipe diameter plus 3 feet in width.
Damage to sidewalks caused by extra breakage due to trench excavation or
other damage during construction shall be replaced by the Contractor at his
own expense.
Cuts through pavement, either concrete, asphalt or brick or any combination
thereof, shall be replaced with like materials. Payment for such work shall
be on the basis of a cut 30 inches in width, plus outside pipe diameter, and
according to the unit price bid per square yard for such work.
Cuts or damaged pavement beyond this width shall be replaced at the expense of
the Contractor. The Contractor shall save all brick and asphaltic materials
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removed and shall use themand: as. much,additional'.material of like quality as
is necessary in making replacements.
All fills under sidewalks or paving shall be compacted to the density of the
original earth, if detailed compaction is not set out in the Detailed Specifi-
cations.
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When provisions for payment for repairing pavement and sidewalks are not made
in the Proposal, the price bid in the Proposal for excavation shall include all
such costs and the Contractor shall not receive extra compensation for such
work.
' 23. STREETS SURFACED WITH NON -PERMANENT PAVEMENT. Where sewers are laid
across, through or in streets, alleys or driveways surfaced with chat, gravel,
crushed stone, mine slag, oil mat or other non -permanent type surfacing, the
Contractor shall save all such surfacing materials removed and shall replace
them to their original condition upon completion of the work. In case such
materials are not suitable for reuse or are damaged or destroyed, the Contractor
' shall furnish such materials as are needed to restore the surface of the street
to its original condition. If materials which have been removed are not
available, the Contractor shall furnish such substitute materials as, in the
opinion of the Engineer, are suitable.
' All fills in trenches crossing streets, sidewalks or other thoroughfares shall
be compacted to a density equal to that of the original earth.
The Contractor shall receive no extra compensation for such work but shall
include such costs in the unit prices set out in the Proposal.
' 24. FENCES. Wherever the line of the sewer crosses fences it shall be the
duty of the Contractor to repair such breaks as are necessary. All such fences
shall be replaced to their original quality and condition. Wherever livestock
' is being retained by such fencing, it shall be the duty of the Contractor to
maintain the fence in such condition at all times as will prevent the escape
of such livestock.
25. CROSSING STATE HIGHWAYS. Wherever the sewer line crosses a federal or
state highway, the maintenance superintendent of the particular division
involved will be notified. The Contractor, together with the maintenance
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engineer, shall make such provision for detours and the protection of the
public as is necessary. The Contractor shall expedite the work as rapidly
as possible.
' Construction of highway crossings, where set out as an item in the Proposal,
shall be paid for at the lump sum price bid for such work. This shall include
t replacement of pavement and all other items of construction, except that, in
addition, payment shall be made for sewer pipe, cast iron pipe, concrete
encasement and excavation at the unit prices set out in the Proposal.
' 26. VITRIFIED CLAY PIPE - CAST IRON PIPE JOINTS. Where vitrified clay pipe
and cast iron pipe are connected, joints shall be made as shown on the
' Pipe Sewers
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Standard Sewer Detail Sheet. Unless otherwise shown on the Plans, joints shall t
be Details No. 2 or 3, whichever is applicable to the particular conditions.
27. CLEARING AND RIGHTS OR WAY. In some sections of work, work shall be
constructed in fields and woods which are not now cleared of brush and weeds.
The Engineer will make a preliminary location of the work to be constructed,
and prior to the setting of construction stakes and layout information, the
Contractor shall clear rights of way and mow weeds, and remove brush and other
obstructions which hinder the final placing of grade stakes and basic layout
information.
Removal of Wild Cherry. Often work is on property in which livestock is at
large. It has been found that wilted wild cherry leaves are poisonous to
livestock. Consequently, wherever wild cherry is removed or damaged, the
branches shall be immediately removed from the site of the work, and burned
or disposed of so that it will be impossible for livestock to have access to
them.
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Pipe Sewers
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DETAILED SPECIFICATIONS
• . y AN �
Relocation and Adiustment of Sewer Facilities
Relative to Reconstruction of Highway 71
From Highway 71 Bypass to Highway 68
Fayetteville, Arkansas
Arkansas Highway Commission Job No. 4834
Federal Aid Project FFD-075-1(2)
Plans No. Fy-84 - Dated April, 1981
1. SCOPE OF THE WORK. The work to be done under this contract is as shown on
the plans and provided for in these specifications, and shall include the fur-
nishing of all materials, equipment, tools and supplies and performing all labor
in the construction of work generally as follows:
Approximately 2,662 linear feet of 15 inch vitrified clay sewers,
together with manholes, seeding and fertilizing of disturbed
areas, and all other miscellaneous work for a complete installation,
as set out in these specifications and in plans No. Fy-84.
2. GENERAL SPECIFICATIONS. The General Specifications which precede these
Detailed Specifications shall govern and control all work to which, in the
opinion of the Engineer, they apply. Since these said preceding specifications
are general, they may in some cases refer to work and conditions not found on
this project, in which case such nonapplicable stipulations will have no meaning
in this contract. In case of conflict between General and Detailed Specifica-
tions, the Detailed Specifications shall govern.
3. COMPLETION TIME AND LIQUIDATED DAMAGES. The Contractor shall complete the
work provided for in this contract within sixty (60) calendar days from the effect-
ive date of the Notice to Proceed. Liquidated damages as provided in the con-
tract shall be seventy-five dollars ($75.00) per day for each calendar day of
delay in completion beyond the time stipulated herein and provided in the contract.
4. SAFETY AND HEALTH REGULATIONS AND CONTRACT REQUIREMENTS. Although the
Engineer and his personnel may recognize safety hazards and in such cases will
require that changes be made to reduce or eliminate the hazards, the Engineer
by such action does not take the responsibility as safety engineers for the
Contractor. Neither does such action indicate that the Engineer or his per-
sonnel are trained safety engineers. It means only that a specific safety
t hazard has been recognized in the ordinary course of engineering inspection of
the technical aspects of the work being done, and such hazard has been called
to the attention of the Contractor.
The provisions covering safety standards and accident prevention as set out in
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the General Conditions are particularly called to the attention of the Con-
tractor.
The Department of Labor of the State of Arkansas refers to the Federal Register
(OSHA) for the guidance of contractors and the protection of workmen and the
public. The Contractor shall familiarize himself with the provisions of the
Register and shall comply with the regulations provided therein. The Register
requirements are enforceable by the Department of Labor, and it is the respon-
sibility of the Contractor to see that they are carried out. The responsibility
for the interpretation and implementation of the provisions of the Register does
not rest with the Owner, the Engineer, or their representatives.
Any safety procedures initiated by the Engineer shall not be construed as
supervision of the Contractor's work force, nor make him responsible for pro-
viding a safe place for the performance of the work.by the Contractor or the
Contractor's employees or those of the suppliers, his subcontractors, nor for
access, visits, use, work, travel, or occupance by any person, as these
responsibilities are covered under the provisions of the contract and the
Contractor's insurance and performance bond, and cannot be the responsibility
of the Engineer.
Insurance. Insurance coverage required on the project is given in Section 28
of the Instructions to Bidders.
Withholding State Income Taxes. Attention is called to Section 24 of the
Instructions to Bidders regarding the requirements of contractors to withhold
state income taxes on wages paid.
Payment of Taxes on Materials and Equipment, As set out in Section 27 of the
Instructions to Bidders, contractors shall comply with Act 125, Arkansas Acts
of 1965 which provides for payment of taxes on materials and equipment brought
into the state.
5. QUALITY OF THE PLANS. The plans have been made with care, but cannot be
expected to be correct in every detail when some of the conditions to be
encountered are underground.
The Owner reserves the right to make normal changes in location, length or
grade of pipe as will facilitate construction, provide for better service, or
reduce the construction costs to keep within the monies provided for this work.
It is expected that the Contractor may find minor discrepancies as to dimen-
sions or other details which might not fit the materials approved for construc-
tion. When such discrepancies or needed changes are found, the Engineer shall
be notified immediately. If such items are significant, they shall be presented
to the Engineer in writing.
' Where the plans provide for rock excavation and other general conditions, it
is understood that this information is placed in the plans and proposal for
general bidding information and as an aid to the Contractor. The placing of
such information in no obligates the Owner as to the correctness of this
information. It is the expressed intent of these plans and specifications that
the Contractor has made his own investigation of conditions to be encountered
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and the filing of a bid hereunder constitutes the acceptance of this provision.
6. ELEVATION DATA. Elevations as shown are based on U. S. Coast and Geodetic
bench marks.
7. LAND AND RIGHT OF WAY. The work to be done under this contract will be on
private property. The Owner will obtain all necessary easements.
8. OPEN SPECIFICATIONS. Where materials or equipment are specified by a trade
name, it is not the intention of the Owner to discriminate against an equal
product of another manufacturer, but rather to set a definite standard of
quality or performance, and to establish an equal basis for the evaluation of
bids. Where the words "equivalent," "proper" or "equal to" are used, they shall
be understood to mean that the thing referred to shall be proper, the equivalent
of, or equal to some things, in the opinion or judgment of the Engineer.
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Even though the words "or equal to" or other such expressions may be used in
the specifications in connection with a material, manufactured article or
process, the material, article or process specifically designated shall be
used, unless a substitute shall be approved in writing by the Engineer; and
' the Engineer shall have the right to require the use of such specifically
designated material, article or process.
' The words "equal to" shall also mean that the cost to the Owner will be no
greater in extra concrete, piping, grading, etc., for items which are to be
furnished at a unit price. In case basic changes in plant units are made in
order to use equipment required because of unit changes, the Contractor shall
furnish all necessary detailed drawings for the Engineer's approval.
In addition to the above factors, the "or equal" shall also include the ability
' of the supplier to supervise the construction of the work and the quality of
his engineering organization and the ability to provide service after the works
are complete.
Unless otherwise specified, all materials shall be the best of their respective
kinds and shall in all cases be fully equal to approved samples.
' 9. NOTICE TO PROCEED. After the contract bonds and insurance have been fur-
nished to the Owner and the contract has been executed, the Engineer will issue
a Notice to Proceed designating the date the work will begin. Such Notice to
' Proceed will be issued so that the Contractor may commence work within thirty
(30) days of the date of the signing of the contract. By mutual agreement
• between the Engineer and the Contractor, commencement of work may be delayed
beyond said thirty day period if there is a delay in obtaining materials or
equipment or other factors beyond the control of the Contractor or the Owner.
10. PAYMENT. Methods of payment provided for in the General Specifications
' are in some cases. superseded by specific conditions set out in the Proposal and
these Detailed Specifications. In such cases, the provisions of the Proposal
and these Detailed Specifications shall apply.
11. PAYMENT FOR EXTRA WORK. Whenever work is required which is not provided
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for under these plans, specifications and contract, or work which is not in
keeping with the general work for which there are unit prices; the Contractor
shall perform the work as directed by the Engineer and shall receive as compen-
sation therefor the total cost of the work based upon the Contractor's actual
expense, plus 15 percent for overhead and profit. Such expense shall include
insurance and bonds, but shall not include overhead of any other nature. No
extra work shall be performed except upon the written order of the Engineer.
12. CONTINUING RESPONSIBILITY OF CONTRACTOR. The Contractor shall be respon-
sible for faulty materials and workmanship; and, unless otherwise specified, he
shall remedy any defects due thereto and pay for any damage to other work
resulting therefrom which shall appear within a period of one year from date
of substantial completion.. The Owner shall give notice of observed defects
with reasonable promptness. All questions arising under this article shall be
decided by the Engineer, subject to arbitration.
13. INDEPENDENT LABORATORY INSPECTION. All pipe used on this job shall be
inspected and tested by an independent laboratory. The laboratory shall be
one which may be chosen by the pipe manufacturer and approved by the Engineer.
Certificates of compliance with the specifications shall be furnished by the
laboratory and countersigned by the pipe manufacturer, or a separate certifi-
cate may be supplied by each. In addition to the certificates, each pipe shall
bear the stamp of the inspector. The cost of such laboratory inspection shall
be borne by the pipe supplier.
All pipe shall be plainly marked as to wall thickness or pressure rating.
14. PROTECTING AND REPLACING UTILITY SERVICES. 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 imprac-
tical to locate. The Contractor shall be responsible for locating and pro-
tecting or repairing and replacing such services.
The various utility owners, city (water mains and sewers), gas company (gas
lines), telephone company (cable and conduits) and others not named will
cooperate with the Contractor in helping locate the underground services, but
cannot afford to keep men on the job full time.
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.
The plans show a portion of the line to be laid under overhead 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.
15. SEQUENCE OF THE WORK. Work shall commence at the manhole at Station 0 + 00
and proceed to the upper end of the job. Free flow of seepage and/or surface
drainage water must be maintained at all times through the newly. constructed
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sewer line. Surcharging of sewer lines due to inadequate drainage facilities
or improper construction procedures will not be tolerated.
16. FENCES - CUTTING AND REPAIRING. The plans show fences to be crossed
during the course of construction. The Contractor shall install a braced post
assembly on each side of the sewer line easement and temporary gates so as to
maintain livestock in the original pastures during construction.
After all construction, including cleanup, is complete, the fences shall be
rebuilt to equal or better than original condition. 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.
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17. SEWER LINE CONSTRUCTION.
A, General Line Construction. The work under this section consists of
' construction of sanitary sewer lines. The plans show location and
details of the work.
The work shall include every item of construction required for a complete
installation, as shown on the plans and as hereinafter specified.
B. Sewer Pipe. Sewer pipe used in the construction of the sanitary sewer
' lines on this project shall be as specified under Section 19 "Materials
of Construction" of these Detailed Specifications.
IC. Sewer Excavation and Pipe Laying. All sewer line excavation and sewer pipe
laying shall be in accordance with the General Specifications covering
Pipe Sewers. Sewer line excavation is not a special pay item and shall
be included in the unit prices bid in the Proposal for the various sizes
' of pipe, complete in place. -
The excavated sewer trench shall not exceed a width of 1 foot 4 inches
' greater than the nominal pipe diameter being laid at any point between
the bottom of the trench and 12 inches above the top of the pipe barrel.
The pipe bedding, as hereinafter specified, has been designed using the
above described trench width as a design criteria.
If the Contractor overexcavates the trench, he shall provide additional
• pipe bedding gravel or concrete as necessary to prevent crushing of the
' sewer pipe due to excessive earth loads. All additional bedding material
required shall be furnished at the Contractor's expense.
ID. Rock Excavation for Sewers. The construction of the work is through an
area which may be underlaid with broken rock and, in some instances, may
be solid sections of rock. To make a distinction between what should be
classified as rock is very difficult. Consequently, the pay item for
rock under this contract will include:
1. All rock or chert in solid layers.
2. All consolidated rock or chert which cannot be normally excavated
with a three-quarter yard backhoe without undue damage to equipment.
Broken and badly weathered chert which can be readily removed will
not be classified as rock.
Where broken chert or rock is consolidated so that it is only removed
' with considerable difficulty by the use of a backhoe, or requires undue
hammering with the bucket, or where heavy rippers are required, or where
it is necessary that materials be blasted, it shall be classfied as rock.
' Measurement for rock excavation will be made on the basis of a ditch
width of 16 inches greater than the outside dimensions of the pipe being
laid.
Rock excavated shall be measured on the job at the end of each day's
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operation, and the quantity of rock agreed upon between the inspector and
the Contractor or the Contractor's representative shall be recorded and
initialed by both parties,
E. Pipe Laying. All sewer pipe shall be laid in accordance with the General
Specifications and as hereinafter set out.
' Special attention is called to the close tolerance of sewer grades. This
sewer line is connected to existing sewers at both ends of the job. The
II Contractor will be required to maintain grade control to insure proper
' placement of sewers.
• If the Contractor elects to maintain -grade and alignment with a laser
beam rather than the batterboard system; he shall so advise the Engineer
so that the proper surveying procedures can be employed to insure that
accurate vertical control can be established for the laser beam laying
methods.
Under no condition will sewer pipe be laid in a trench that has not been
properly dewatered.
' F. Pipe Bedding. All pipe shall be bedded in SB-2 crushed limestone. Bedding
shall extend from a point at least 4 inches below the bottom of the pipe
' up to the springline. Crushed limestone bedding shall be measured and paid
for in accordance with the Methods of Measurement and Payment section of
these Detailed Specifications. Trench backfill shall be compacted to a
points minimum of 12 inches above the top of the pipe.
' G. Trench Backfill. Backfill shall be in accordance with the provisions of
the General Specifications covering Pipe Sewers and the special provisions
set out as follows. Attention is directed to the backfilling section of
the General Specifications, which requires that all backfill to the top of
all pipe be hand -tamped, and that the 12 inches of backfill immediately
above the sewer pipe be hand -placed to insure that no large rocks are
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allowed to be against the pipe. On this project, it will be necessary to
hand -tamp all backfill up to a point a minimum of 12 inches above the pipe.
Trench backfill procedure shall vary with the area in which the trench has
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1. Mowed or Cultivated Areas: In these areas, the Contractor shall
excavate the top 6 inches of soil from the ditch line so that it does
not become mixed with the remaining excavation. The remaining trench
shall then be. excavated, the pipe laid and the trench backfilled using
the excavated material. The trench backfill shall then be compacted
using wheel or track type machinery. The backfill shall be compacted
sufficiently to insure that the top 24 inches of the backfill has been
• thoroughly consolidated.
After the trench has been compacted, the soil removed from the top 6
inches of the, trench shall be replaced and left slightly rounded. It is
the intent of the specifications to replace the top 6 inches of the soil
using the excavated topsoil regardless of the quality of that material.
Only when the Contractor allows the material excavated from the top of
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the trench to become mixed with the remaining excavation will he be
required to haul in additional material to replace the top 6 inches.
If the Contractor is required to haul in additional material, he
' shall haul in good grade topsoil and shall do so without additional
cost to the Owner.
2. Special Pipe Cover: When sewer pipe is laid through areas where
' suitable select backfill cannot be obtained along the trench line,
the Engineer will authorize the use of crushed stone, type SB-2, for
special pipe cover. This cover will be installed from the springline
of the pipe to a point 6 inches over the top of the pipe and will be
compacted by hand -operated equipment. The special pipe cover will be
hauled and furnished at the job .site by the Contractor, and compensa-
tion will be made as set forth in the Methods of Measurement and
Payment section of these specifications.
3. Special Backfill: In areas where special pipe cover has been used,
Ian additional 12 inches of selected backfill will be placed by hand
over the pipe. Rocks or consolidated material larger than 3 inches
will not be permitted in this section. This material will be spread
and compacted by hand -operated equipment prior to regular backfill
procedure. It should be noted here that special payment will not be
made for this section of work.
' H. Manholes. All manhole brick, mortar, manhole steps, etc., shall be in
accordance with the General Specifications, except as follows.
' 1. Precast concrete manholes are not approved for use, on this project.
2. A layer of plaster one inch thick shall be applied to both inside and
outside walls of all manholes constructed with brick, clay radial
blocks or masonry blocks rather than a one-half inch thickness as set
out in the General Specifications. The plaster shall be mixed using
a leak inhibitor such as Ironite.
3. Cast -in -place concrete manholes are approved for use on this project.
Specifications for cast -in -place manholes are hreinafter set out.
I. Cast -In -Place Manholes.
Ii. Base. The concrete base shall have a minimum thickness of 8 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 the lowest
' pipe can be laid continuously through the manhole, the pipe may be
poured to a point 2 inches below the centerline of the pipe, provided
that this point is not above 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
cleaned thoroughly prior to placement of the invert. The invert shall
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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 diameter of
each pipe of the manhole barrel and the invert shall be shaped
throughout from all inlet pipes to the outlet pipe.
' 3. Manhole Barrels. The barrel forms may be set as soon as the concrete
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 pounds per square
inch test with a slump of approximately 4 inches.
' Before the forms are set in place, any water that may have accumu-
lated in the excavated area shall be pumped out and the concrete base
thoroughly cleaned, if required, of dirt and debris.
Before pouring of the concrete begins, a 2 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 which 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 present after the
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 brick are required to bring the manhole
ring to the finished elevation. A 3 inch wide by 2 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, at his discretion, may prohibit pouring concrete during
periods of extreme cold or inclement weather.
5. Backfilling. The manhole shall not be backfilled less than 12 hours
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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.
' J. Cleanup.
t 1. Cleanup - Fields, Meadows, Etc.: The trench shall be backfilled as
set out under the "Mowed or Cultivated Areas" portion of the "Trench
Backfill" section of these Detailed Specifications. After the backfill
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is completed and the surface over the trench left slightly rounded,
the area shall either be hand or machine raked to remove all rock
two inches or larger in diameter from the finished surface. All
excess excavated material shall be removed from the site, including
hand raking excess material which has accumulated around fence posts,
trees, mail boxes, etc. All areas which have been disturbed, such
as the disturbance caused by equipment tracks, shall be carefully
backfilled and repaired as though it were a part of the actual trench
excavation.
' After the area has been raked and accepted by the Engineer, the area
shall be seeded at the rate of 0.15 pound per 100 square feet, using
the following seed mixture (percent expressed in terms of weight).
Lawn Fescue 30%
Blue Grass 30%
Rye Grass (Annual)
' % White Clover (Common) 10%
After the seeding is complete, all damaged areas shall be covered
' with 10-20-10 fertilizer at the rate of approximately one pound per
100 square feet.
The Contractor shall take whatever steps are necessary, including
reseeding, to establish grass cover sufficient to prevent erosion.
There is not a separate pay item for seeding and fertilizing.
2. All Areas: During construction, the Contractor shall at all times
keep work areas in a clean, neat and workmanlike condition. Excess
' pipe, broken cable, excavation, brush, and materials of construction
shall be removed and disposed of as the work progresses. In built-
up areas, including lawns, the job site shall be cleaned up immediately
behind construction. Streets and driveways blocked by excess
materials after basic construction is completed will not be tolerated.
If the trench should settle while the Contractor is still on the job
or within one year of the project completion date, the Contractor
• shall make the required repairs at no additional cost to the Owner
in accordance with the continuing responsibility provisions of
' these specifications.
K. Infiltration-Exfiltration Tests. After the lines have been installed,
manholes constructed, and some time allowed for ditch settlement, but before
final repair of paved streets or final cleanup has been made, the
Contractor shall conduct infiltration-exfiltration tests by use of the
following procedure.
' Air Test: Under this method the Contractor shall conduct low pressure
air tests of the various sections of pipe by use of equipment manu-
factured for this purpose. The equipment shall include a regulator
to avoid "over pressurization" and damaging an otherwise acceptable
line. The equipment used shall be identical or equal to the "Air-
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Loc" system as manufactured by Cherne Industrial, Inc., Hopkins,
Minnesota.
The low pressure air test shall be conducted by plugging each open-
ing in the reach of pipe to be tested. All plugs shall be braced
against slippage due to internal pressure. One of the plugs pro-
vided 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 itnernal pressues does
not exceed 5.0 psig. After reaching 4.0 psig, the air supply shall
t 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 to 3.5 psig.
At 3.5 psig, timing shall begin to determine the time required for
the air pressure to drop to 2.5 psig. If the time in minutes for
the air pressure to decrease from 3.5 psig to 2.5 psig is greater
than that shown in the table below, the pipe shall be presumed to
be free of defects.
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Pipe Size Minimum Time (Minutes)
15 inches 7.5
' 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
Ito 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
retested.
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18. FINAL INSPECTION. The final -estimate will be prepared and approved for
final payment upon completion of the work after a final inspection of the work
has been made. This inspection shall be made by the Engineer or his'chief
assistant, the Contractor or one of the principal owners of the contracting
firm, and a representative of the Owner. The final acceptance of the job and
the payment of the Contractor in full will not reduce the continuing
responsibility of the Contractor as set out in these specifications.
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19. MATERIALS OF CONSTRUCTION.
A. Vitrified Clay Pipe. All vitrified clay pipe shall be ASTM designation
C-700, latest revision, extra strength. All joints of vitrified clay
pipe shall be in accordance with ASTM Specification C-425, latest
revision, and shall be installed as specified therein, or shall be a
compression sleeve in accordance with ASTM Specification C-594-70,
Type B, latest revision.
B. Manhole Rings and Lids. Rings and lids shall have a combined weight of
not less than 300 pounds and shall be in accordance with the dimensions
shown on the plans. The manhole lids shall be of solid construction
without any openings of any type except two pick holes which shall be
located on directly opposite sides of the manhole lid. The pick holes
shall be of such design that when the lid is in place, there is not a
clear opening into the manhole.
C. Concrete for Manholes. Concrete used to pour manhole bottoms and cast -
in -place manholes shall be 6 -bag concrete acquiring a compressive strength
of not less than 3,000 psi within 28 days.
D. Pipe Bedding Gravel. Gravel used for the bedding of pipe shall be
Class SB-2 crushed gravel as defined by Section 306 of the Arkansas
Highway Department specifications.
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20. METHODS OF MEASUREMENT AND PAYMENT. Methods of measurement and payment
• as set out in the General Specifications covering the various items of con-
• struction are hereby clarified and superseded as set out herein. Wherever
they are not clarified or specified herein, methods as provided in the General
Specifications of the applicable section of the Detailed Specifications shall
prevail. The item numbers set out below refer to the item numbers of the
proposal.
Item 1 - Gravity Sewer
Gravity sewer lines of the size and type of pipe material shall be paid for
in accordance with the unit price bid per linear foot, complete in place.
The unit price shall include furnishing and installing the pipe, excavation,
backfilling, and all other related items of work necessary for a complete
and acceptable installation at a standard depth of 0-6 feet.
Items 2 through 8 - Extra Depth Trench
Payment for extra depth trench shall be made according to the unit price bid.
The linear feet to be paid for under each item shall be determined by plotting
' the original earth's surface and the invert elevation of the sewer line as
constructed. By using these plotting procedures, the Engineer will determine
the final quantity to be paid for under each item, without reduction for man-
holes. Example: if the ditch measures 7 feet 6 inches, payment will be
made under the 6 foot - 8 foot classification. If the ditch measures 9 feet
6 inches, payment will be made under the 8 foot - 10 foot classification, and
no payment will be made for the 6 foot - 8 foot classification..
' Items 9 and 10 - Manholes
' Standard depth manholes 0 to 6 feet shall be paid for at the unit price bid
under item 9 of the proposal. Extra manhole depth shall be paid for at the
unit price bid per linear foot under Item 10 of the proposal. Payment shall
be full compensation for every item of construction required for a complete
installation. The depth of a manhole is hereby defined as the distance,
measured to the nearest one -tenth foot, from the lowest pipe invert to the
top of the manhole ring.
' Item 11 - Crushed Stone Pipe Bedding
Payment for SB-2 crushed stone for pipe bedding shall be made in accordance
with the unit price bid per linear foot. The unit price bid shall include the
hauling and furnishing of crushed stone to be placed from a point 4 inches
below the bottom of the pipe to the springline of the pipe.
Item 12 - Special Pipe Cover
I
Payment for special pipe cover shall be made in accordance with the unit
price bid per linear foot. In areas where, in the Engineer's opinion,
suitable pipe cover is not available along the trench line, crushed stone
pipe cover will be authorized. The unit price bid shall include the haul-
ing, furnishing and placement of SB-2 crushed stone from the springline
of the pipe to a point 6 inches over the top of the pipe for the full width
of the ditch.
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Item 13 - Rock Excavation
Payment for rock excavation shall be made according to the unit price bid
per cubic yard. Rock shall be classified and measured as set out in
Section 17-D of these Detailed Specifications.
Item 14 - Class B Concrete
Class B concrete for pipe encasement shall be paid for in accordance with
the unit price bid per cubic yard. It should be noted that Class B
concrete shall be used only where shown on the plans or directed by the
Engineer. Measurement shall be by delivery tickets furnished the Engineer's
representative at the time of delivery.
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