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HomeMy WebLinkAbout51-83 RESOLUTIONRESOLUTION NO. 57g3 /9 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH FRONTIER, INC. FOR THE EXTENSION OFA SEWER LINE IN THE FAYETTEVILLE INDUSTRIAL PARK TO SERVE.THE ARKANSAS WESTERN GAS COMPANY FACILITY. 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 Frontier, Inc. for the extension of a sewer line in the Fayetteville Industrial Park to serve the Arkansas Western Gas Company facility at a total contract price of $22,051.50 for the installation of 10 inch truss pipe. A copy of the contract authorized fonexecution hereby is attached hereto, marked Exhibit "A", and made a part hereof. PASSED AND APPROVED this \f.Tday of April', 1983. , TTEST:,:t .;> 4. I-•• •••• czautivi • By: la&Cilla ni4 City Clerk • APPROVED: BY442C4A60// Mayor . • 3•i! DRAWER F • .A.RICAINTS-A.S DEPARTMENT OF FINANCE 72701 1501)521-7700 MEMORANDUM TO: Don Bunn, City Engineer FROM: Sturman Mackey, Purchasing Officer SUBJECT: Industrial Park Sewer Improvemets Contract, Frontier, Inc., Alan Rogers, President. DATE: April 15, 1983 This is to officially notify you that all required documents, executed contract, Arkansas Statutory Performance and Payment Bond, and required certificates of insurance have been posted with the City Clerk for the above subject job. It is now in order for your office to issue a Notice to Proceed to, Frontier, Inc., Alan Rogers, President, at the address given on the insurance certificate in your contract file and send a duplicate copy to Mr. Gary Combs, Job Superintendent, at P.O. Box 512, Fayetteville, Arkansas, 72702. 11.0.)7RAVVERF April 6, 1983 ARKANS_AS DEPARTMENT OF FINANCE 72701 1501)521-770D Mr. Alan Rogers, President Frontier, Inc. P.O. Box 15152 GMF Little Rock, Arkansas 72231 RE: Sewer Project 82-136, City of Fayetteville Industrial Park Dear Mr. Rogers: The Fayetteville City Board, at their awarded the above job to your company Pipe in the sum of $22,051.50. regular meeting of March 5, 1983, as per your bid, using 10" Truss Enclosed, you will find three copies of the formal contract agreement for this job. Please execute all three copies of this agreement, retain one for your records, give one to your bonding and insurance company, and return the third copy to Olivia Kelly, City Clerk, P.O. Drawer F, Fayetteville, Arkansas. After you have executed this agreement, you should immediately have the required Arkansas Statutory Performance and Payment Bond (as shown in the specifications) and the required insurance certificate (page 10 of the specifications) perfected and send these documents along with the fully executed contract to Olivia Kelly. After we receive all of the required documents, the City Engineer will issue a notice to proceed immediately for the work called for in the specifications. The Project Engineer in this case, will work directly out of the City Engineer's Office and will be responsible for the job oversite and inspection. I am taking the liberty of sending a copy of this letter to your appointed Job Superintendent, Mr. Gary Combs of Fayetteville, so he will be fully cognizant of all up to date information on this job. If you have any questions, please contact me. Sincerely, 'Sturman Mackey Purchasing Officer cc: Don Bunn, City Engineer \`3/4,2ary Combs, Job Superintendent Olivia Kelly, City Clerk Bid File Certificate of In urance • • • • • r WITT r'''.4.111 0 AC."1. MA I .1 44101444IA I 041'1 :AO 011111111l. /40•111". .)N NO le•D DUVI •4AC,T 4fF0140114 114 101 P•.. RTIFIl DUI s NQ I AMEND' • 14 NAME ANET•DOVESS OF mance Bibb & AssOciates, Inc. P 0 Drawer 15430 GNF Little Rock, AR 72231 NAME MID ADDRESS OF INSURED Pure Gold, Inc. P 0 Box 512 jayetteVille, AR 72701 • • COMPANIES AFFORDING COVERAGES comPANY A LETTER INA COMPANY Ei LETTER CONRAN,* C LETTER COMPANY D LETTER • CP ny E LETTER TINS ISEO OrTiTy Von Midas Of insurance listed below have Tee issued to the tnsured named sec anc z e ' - .404re.42;'hiS sme Notwithstanding any requirefwent.tafm or condition o(17 contract or ode acumen with respect to *Mei this certificate may be ssued a may- p.te,-- :!.4.4‘.."-D.:e afforded bribe ORMTes deathbed herein 5 TUINeeT to a nit tern* etecknfons and conditions of meth oalows '5afety Mutual • r.OMPANT 1 ETTER TYPE OF INSURAW • GENERAL LiA Bill r Y VW/ WEIDA di 114•.4 11.111,E5--00111•1 1. •„ •PlOSION AND • 0'410DS1 p.ffitli14) ENorAGROUND. DAR 33 r'POIJIEryci..01 f t nry 14M10.4.• •040•Ip 11)11vsl • k e I IAMACI raj to. WIONAI. pp. AUTOMOBILE LIABILITY A6J 44410,11,044'. 40 .a:. 'EXCESS 'LlABiLlai B 60 "I01" La." t 1Jm6548AR r! „tuli1011/2 vi4DI %:•. ' .t...4 . I-- . - - ...444" _ • 1W411FRS'COMPFN;T• THIN : ENT .r 1 EMPLOYDS' LIARIVITY '... • POLICY NuMBER M11008024285 . . Dm, ElPiRATID•44 • • Limits of Liability in Thousands (000) - (*co I . AccmcA OCCURRENCE • - . , 3Q�! ' 300 I 100 100 3 KFCD08024285 6/1/i3 4'L500 OTHER , am. -sr ;4'3-Q101'10N 01 'FP.. in '2000 1 Cancellation: wow ts (I-79) -- ‘ Should •• •No n! tole lhove descrIbrl.P011c-lec.b -7. tit! pany' w.-vandi,Jvryr to moil 'IV days wistOto.rntr is• NJ, he TOO suf:.; notice shallimpose nr habOth ar',;(:r kt NAME •140 MORT oS 01 UTTER ECM 1 Wit ERR City of Fayetteville P 0 Drawer F Fayetteville, AR 72702 . k.? • v nd.. .1 • • Orr :du! .ia.,hre to n r -r,D.1 n • • DAT ris4 _4Z27/43 ch/Ai •-!'str'. TAB $ OnS .Cer' tificate �f ksurance, 1 HIS + MA I'c RM .1.1”, or; 111 a AND ADDRESS OF AG, NCY t.tabb 6 Associates, „:!11 0 Drawer 15430 LCMF Little Rock, AR 72231 Inc, 41191E NiD A0014155 U. IN' L•RED Frontier,inc. P 0 Box 15152 .••••Little Rock AR 72231 • COMPANIES AFFORDING COVERAGES CDMPAM A Ilfn LI • TER stet is facardilY Mat Policies of insurance listed beIcnt have been 55..1.0 .c.. . 09 any contract or Other dor :rnent with resoect Vvh•Ch !•its En't•friite , • born>, excluSiOns end tont! 'inns 01 such nortonr OMPAN 1.111•1•1 GENERAL I I A BIL T Y LIJ nmefm,, e [-] Tvii,. : peonec..-, • • OPF oft I °NNW Tut. El SNOW r filiM /LA AUTOMOBILE r- .• 11 0•01•41l' " id 1.1.4( . CO"Pt•N• C ' r • ER cempAny E -9 sfc.:%lec. eaf 4 ittSi 14•;7 • ,AL., t.. . • • . . •• • • z EXCESS LI9ULITr . '., (.11 ODOR Ti. c ORM •••.. • • .‘.9)••••••••••19•..rs.:•• IP 1,1 ' 1 1 11 row*" •• . rp. •11`• t mri POI •• i••• 14•11 • WORKERSc0MPCt-;SA1ON EMPLOYERS' I. IAD/Lori OTHER' • SCRO111 • a loelelrem• • • 4 •' • • 1 • • • I • . Save! 1::provvne: s, irrulr . I. I is DWI .I:.•• . r I 01 ., III :: . ; ..10 . • : . II:- ... • l'. .1 I .1.1.. 7. .. Al .1 • . t . I • Cisedtallon: I'll't• r• V' I, 01 I '''' ;IN pt... 1:04 • a A td. 11, I 1 .1 .. . 1 i it • p 1, .1 . • ”0". • i idabrilall . 1 II • la: • • • i4 :: 9124.LailhaidiaJe.ntillilig,TGRAtudwipcfc0S-ninzothaaciutiothi:x101.X1Wi e • Under Binder .11.1.411•61i • Acme ;a et 79) *WC ANC mat115110FalITOCATEIOOILO City of Fayetteville, Arkansas c/o 'McClelland Canonic/ea EriginnetS,,, Joie) 1810 P1; College Avenue- ,•-• • •. T Fayetteville, AR 12701 • • •. =curry • II • •• • • 30111301NRCS 4/12/83 „ALIAS 6sEr SI Oaf C.7ttificate of trsui • llf!!! • l'f'4! -1!! !!! lilt CA WOK' • Ij NAN/ AND Gi Mittel AMU) P.O.Drawer 15430 GMF Little Rock, Ar. 72231 NAME MCI WPM IF INSURED. Pure Gold, Inc. and Frontier, P.O. BOx 512 FAyetteville, Ar. 72701 Inc. • • • COMPANIES AFFORDING COVERAGES EntrY /I INA Ape•r comp LETITR SAfety Mutual {WreEr C COM/5*W D company E is to cartfly that pOkinfOlinfinenCe rosined beim have been issued to the insurer-IL:fan:id' fthove.ano are 41 force at this time NOtWitbstancline arty requanlecnt term Or COMd1SOM Of any caner Or &the- dne •-•nr" tun -Psalm ' I: wr•r• • ro •..,••. • •cl'-'d • • • •tehivf here s hied to all the Wms. exclusions and •Y 1. 1" ar, • in. LETTER 4 COMPANT if III Tr T ern A GENERA, [JAHN i I r 121 rorrri$$F . 125 F44 PAIS • IIIVIPC 21 116.101 iNr;!• • 0 coODUC OPER, t • 1:1.9 ( 04r0t.. a 11!fur0.1; t • AUTOMOE .1 A 41 !Y!'"". 4 1ST • - EXCES 1. lei' • 'm Ji' D 71, I : 1VORKERGi OAHNSA•• 1$. 1. EMPLOYE S I it iv • •icw • •• • Under Binder r • Under A:nder UM 65 • ▪ 0•00•••• ✓ im +0•••••Mi • h 4 .1 JR mob • ••• ••• ' 1 At ! HI YhOusandicj.int — •••$1.. • $ 300 300 "led 7'. le:7g • •. . • •.•.• . 10 4.1 I al. ••kr • • • it • P.t. AP • , --wre:a‘ ' . twol1.1 v•- s: : se . : /13 I' • 3 •• • •;••• 1••• .• ,i 1 ':^' ':+i . - „ ••••• riliI i••••••• Qii •••••• ma.. rm....! . .. .. . .•,• . A! • i. c • • •i j. •„,q,, •$ 1 • . Q. •S• 9.4 f ....Jag ....- - $ "Ir "I. 1.1 IV- 1""!."--:".. "11 ta•t la r.-• •-..1 ii c4 .7. ... tr::10.5i. . ti 13C 100 300 500 . 24.0430 •2, COO • • tw r OF (JA!!. . n • r. • • • ...••?' Icaf nreltliii4 • e 2.0 .• .4 • ' l • .! .11' "at! Sewer Ir rove:lents for Arm; t rt$:. • .i.; . : . e. • • • ! 0 dr %di • . • •••• .• 1:1‘. ... i•••••• ••••••••• • •10.•••••••••••••••••••=4.........• /••••• !NEM, •••• swot.. • •••••••••mmi .1•• 'Irma ••••=0••••••••1•00. ••••••••••• 1MM •••1 "III " • swig.• 1•• • •,•••• • [mobil • Cancellation: - ' • ••.; • • ..•-_•-. • E.1•••.• iiii:a°0••••• 1.11.! ftt. mailkfroteiner.01.0thirtileg... 'tent` Jr!? • .4 • II' V wr. OnOUOCear " . 41; • • to. fAttliniltSit .xittnicbsoCCeseesexeRxxxl&Mirellinntlikleinflenl WEtlitilleMICAlf? Xi KT 'Ice= 6 . • ,1 ALCIArr ; ?Ai pretr4ND ratOnl SS Or UPI if Or p•••0$7), 0: City of Fayetteville / 1: t C/o McClelland Consulting Engineers. Inc 1810 N. College Avenue Fayetteville, Ar. -72701 • 1 • STATE OF ARKANSAS COUNTY OF WASHINGTON • TNIG AGREEMENT is made and entered into on vthis 'Z1:45- : day of 1982, by and between Obey 067 Mt/W7t.v.-nttev i 11 e , Arkansas, hereinafter called the Owner( and• i..-* :c:,i.flpej7,45 ,..7.7.t(c.. of /..,/-/-//4 40,,loadel.., hereinafter.,:Calle&theContrateor: - , WITNESSETH: That Whereas,.the Owner, hasVcalledgf8r ibircis for' 'the construdtion . of sewer .improvements; Armstrong ,II'yetiue% City: ol4Fa5ette411.1e, AdiailSas; as set out in these Specifications and .'1:: 4 poh.' th'eOwner-Kandv . ' . • WHEREAS, the Contractor is the best %El. ". "..., .0.e WOrk itiereinafter set out, ' pursuant to the published cail for:bfds AMdel sallanS ind4Pecificatiops, NOW, THEREFORE, the Contractor agreesthxihe.Ob,,rler t6!flurnish.all material and labor- necessary to ComPlite thecostructloWnf:Osewe'r: ifokOvementS including :all related workk as sehown ptn t..000iianST.-. an & described ill -, the Specifigations pertaining theretoor ItheijUnif%prices bid ill' the Proposal, said Proposal being a part of thisttonOctl afild:Mt his 6:40:;&catt and expense furnish 411 supplies, labor, - .thaOhin&Y.e. egOilerit : '::..;:toels supervision, insurance; and other accessories and .-se01ces.:nOcessarY t0- complete the said construct -inn in. accordance . wilt, 4*.el -',-...ehep.uti---e r' '.'ted .'.(Afests, in the• Proposal 'iittached •hereto and Mac& I !,r g rd . .1 . I . • 4 : I 6 4 44 4 ,?. with v the General ain'd Detailed Gpecificatic I • I : IP" e . ..!ff .1 1 I:1k : ;ens:, which• includes 0'11 blueprints antrOther m- ..../ v. gm:: . 2-e. • . m • go: oxplanatory (.., : matter. thereof, ,;,,gotal! Sum being'.:: ' a.. - 10 i ' ' .., , m. ' . •' 4, :,•eil: 2Yek249r-S :1( es/44(y -(tAtA (6, 24/ eSY. 6'0 ... - • ".. ' 7:. m7 . rd:.' • '1 w"•• al I % Wor.3/4 r aininn to said colistructioni.2 • tg le. % . ... 1 .1...:.!:.0 , the Notfce -, ., .. to Proce&q::. , _ : : , : . • : • . • • _ . .•" .. ,, -.. , .: '. . . . 14.; ,c ••••••• • ' . •:y. 4:. sr! rnr-ormance of - The Owner agrees to Pay the 'Contr • . • the Contr4t :An accordance 'With': • • :" pm 'd • : rm Sr m . 4 A 4 4 ro . subject to additions.d and deduCtions,' • a*; m ' • ..: 4 !I 0 lj A w 01 ' r: Tetal 1 ed Specificailons, and Make paylilent • ' '.7.. mil . ).... 1 .4. 6 ". 444. • '. - • As soon as is practicable :after. Owner wil4 make/partial paymentSt the precCrOng. galendar month,- t • completedy said estimate: being ce m • Owner. Upon Completion of the ':. Engineer, the.Engineer shall- iss the original and subsequent Chang "4 A se lik: 4 0 " • '410 -in month, the. I r w 4 ' 1 : H 1 4 "iiii0119 &h. f:Pti ' 4 1 . ill,: 1:1'. 4 A4 4. . :41: . 81 : I ' 4 4 "4! 4 i : :Of: .wpi-1, ? so Pi • .1 • • • 1; b• 04. • vr Oonei. .indr 'I Ai '..." based upon . t :c 444 C 1L• .• .4 ..•:' 1 v 6 344• . • • _F:Tfnis hereby expressly declared to be of the essence of this contract, and lii1Wtime of beginning, manner of progress and time of completion of the work 710liennder, shall be, and are essential conditions hereof. Failure of the Contractor to complete the work hereunder within •the time heretofore HstItulated will result in the assessmentAf liquidated:damages in the amount :10150 per calendar day, except as specifically provided for hereafter. If the Contractor be delayed at any time in the progress of the work act or neglect of the Owner or of his employees, or by any other Cont eMployed by the Owner, or by changes ordered An the work, or by ttr lockouts, fire, unusual delay. in transportation, unavoidable casualties, abnormal weather conditions, or by delatauthCiized by:the Engineer pending arbitration, or by any catises 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-lexterisions-,shall”: bej7made for delays occurring for more than seven days befoeca. Claiatherefent is made in writing to the Engineer. In the case of a cOntiobingsqiuse:ofdel4Y...onlY one claim is necessary.• In the 'event the Contractor abandons thc,WorkillreunderiOr.fails, neglects or 2: refuses to continue the work afterten (10)(OdysThOlitten notice., ,given Contractor by the .Owner or by the Engineer;c:then:-thif-Cadner;shall have -the option of declaring this contractat lan'Ond42101which 'eveatv:the Owner shall Ti not be liable to the Contractor for any work thretoforeperforned hereunder; said Owner may complete the said tontractlat?Atitown expense, -and ma1nta1n.,en,2 actionjgainst the tontractor:fOrtheactual'Costv:of saMO.tH .1 Nur This contract shall be binding assigns:of the parties hereto, A IN WITNESS WHEREOF, the Owner seal, respectively. upon• thilleirs, representatives, successors, or .including thrturity « 14; and Contractor.have hereto hand, and .1; c • ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND d31.‘" • as Principal reinafter ca e rienetpal or Contractor, and /1,":771,“ ,_.•44‘44.4 un unt.131•401 44Airettoilie • , ,hereinafter called 'Suretr, and held and firmly as igee, ereinaftei Celled Owner, in the,amount of -4-Jr; • zy Tar Dollars (Vt/V 057. ), for the payment where�'f 'Principal an Surety...bind .themselives; representatives, succedsors and- assignS-, Jointly and these presents. - their heirs, personal severally, firmly by I* Principal has by written agreement dated 4 41 6 )4e 3 • I entered into a contract with -0 the ner. foF %)-11•1-tt 01.44-intflk which contract is by, • referente made a, part, ereof and is hereinafter referred to as the Contract. 't -:4: . I. The condition of this obligationjis :asuOhAthat If the Principal Shall faithfully perform the Contract on his,: P`Ortilidishall J.:illy:indemnify and save3 harmless the Owner from all cost anirdatia2 gejhtiCh he4May suffer by reason oft:, failure to do so and shall 'fully retriiburselarid! makinikgood, any iuCh default:11 and, further, that if the Principal Ozial4 pi3:411 persons all indebtedness for::!,: labor;Inaterial s• furnished or Perfordild iiildei“1d• contract. failing which Suctii; persoilS shall have a direct right cifjaCtion±agaiiist the. Principal and Surety Jointly arid severally under. this ' obli:gaXion;“Object to . the- Owner's priority then this obligation shall be null and (16idcithenvisetit shall remain. in full •force"Sand effect. •' . NI ,,,.• 41' Li No suit, action or proceedino 5izall :•e -rc:.!,.:( on this bolid:OutSide the State,: of Arkansas. No suit,Haction 3r vzicirdir: Oleniiiie brought..ori 'this bond except by the Owner after six' r': -!r 1 i war • ••• date. final perhent is made 06).4 the Contract, nor, shall any Suit., .actiort.or :r,hteedinzbe-brought by the Ownef.::. after.two years from the date on whach them.iinal -payment-under the Contract- fal1C.clue, t i" ' E.' .• 1,i,' • ' :' 9' ; • $ c ftw. ; ,.-. -4, •-• .t All alterations Which may be inaile'intthe ter'e,:sii3f the "c„Ontract, Or in the: work: to be4 done. under it; or thet..giving ''': nil '41 r Cr aoY extension of time for the perfbriance of the:- Contraedt,;.: " ;kY ••""r Aorti'Srance ori ;the, part Of eithet. the Owner or the Pizineipa I • I°. o • P. in d:" 4, .. al litna. "in' thy way release!' - , .. -a• : the likrinc.j pal and the Surety or ‘11: et •es „li: I, 'tie eel or 'ay of Ahem.; ''thetr, heirs?" perscinal representatiyisg;:'s..' ze %GI I. Iiigns.'froOi;.•thetr liabill* hereunder, •notice to the Saheti or .11 • ir ' ' a:, :such .'alteration., Otensiorii,r . or forbearance being hereby viaived. I ri .. .,_ ..e - • : In no event shall the aggreate'liat;ility pi:rthe Surety exceed the' sum set out. herein.. , . . IPc k r‘41c • •Ps • .1% 4:1 • • .• 14. • 440 esald'is executed pursuant to the terms of Act 209 of 1957 of the Arkansas %. loutpd on this LIA day of . • 19g.1 imw4 • la• 4se° • • • • 1 -hr Jae, ,z A PRINCPIP/iL eitaStausi ir 6•4/ else • • L /IA • 4004 dirt. • COUNTERSIGNATURE: . A • • tro. • 1 o. Arkansas Statutory Performance and Payment Bond m 2 P • • • TO: ▪ Ar %Me▪ k. be,. • iti:0:4 • 711.4, rig k • "1 331.A.r.turra.wasalTILT-1113, ARICSINTELAS CITY ENGINEER'S OFFICE • P.O. DRAWER F • Board of DirectOrs • FROM: Donald R. Bunn - City Eaaineer 4L .' 4' SUBJET: Industrial Park§eiger Ext.Insida Gas) Bid Award 4 ,. ,. DATE: March ,29 1983 , I recommend award of theibid to the low :bidder, Frontier Incorporated, P . 0. Box : 15152 , 4. Little pOc1c4 Arkans as ... i • 1;41-. -` '4•4kt'1% ::!': ' ': . The City Attorney has..examilleciVtlie bfd documents and i it is my opinion that .theylarel PrpPer as. 1Onaaa the contract6s . . , executed by Frontier, Inc.- and? iti represent4tIve . • - • ' .. 16 e 1,4vr 4 , ''. iq0;.7 ' : 4. • The 10" Truss Pipe at $22,051. 50:0 v- thei ntendet Olga rd: -4t-- 1 - k ' At .14.,! 110111521•7760 a • The Purchasing Officer concurs a:. +F. tn- this awa rd reconmendiltion, Attachments: 14 1. Bid Tabulation p t 2, Letter from McClelland Enqineftrs 3: LOtier 4roril FrontiettAnc:4 , 4. , c AWARDED AS RECCIWIENOED BY CITY BOARD OF DIRECTORS AT THEIR REE,LiLAR NEETTIG ON APRIL 5, 1983. . SAurman • Mackey <- • Purthasing Officert • 44. . cp• 5 -1.7. •• VS n ••• -1 a :4 2 m 18 70 41 q. Lc 4;11 • r g 1.• • ••• a. • " 8 • 8 .. I-. . k• •-• t •‘.. ow '.... 8 to - :••• , 4•i•- , -...[ t X.: •LI :0 m. - /4; - 4.1 , •cs .. x 7' y. . . ti. • . 01 8 •8 8 . • 0L_ -.c.• - • • . . F. • ' ,.‘ • . • 8 gg Ad o • A c ••• 3 •• ••1. • -• K • • • ta tab V.. *2 1 •'71- u1 • mq0.me, LLAND CONS R NC. Environmental and Materials Testing Civil. Environmental and Chemical EnOineering Consuttino ALWAWAMIPAL 100010110. MOM Ott 24 Mirth 1983 : • MOIlt COLIMA /NIL Mr. Sturman Mackey Purchasing Department 1. City of Fayetteville P. O. Drawer F ' Fayetteville, AR 72702 Subject:. Tabulation of Bids Sewer Extension Project Dear Mr. Mickey: Enclosed herewith is a bid tabulationJor,ihejjob referenced above. Our review indicates that the tabullatiens,-astpresented, are accurate andithe apparentlow bidder IS FrPniier, /net '1 "Pt There se, to be a minor discrepancflin ihe2Proposa1feri in that Gary. Combs is presented initially V> be the?Antdersigned"Cwhile,'in fact, thelroposal bears a;signatu& readingt"Alin-Rogeri,4-• 1- " fi "Pt eit -viCit " 7 Through telephone conversations with the Ariansai Contracturs ceniing Board on Marclv24th,,,I haveAdiicovered that,4ry'Combs is not4ersona1ly licensed (either' as?dariCombs7Sonstrtiction Canny , or as Pure Gold,-Inc.ibut apparently .is proposing tedo.-business under the license'of Frontier,Ilne!,,1 44:; 7 -7 • -If 4,4 4, I wood suggest that you ask -,the city attorney, to giVe,yoita legal opinion regarding'thiS matter; °CerteinItigaSia einitLrc' Frontier, Inc. - : a ' shotild be contacted to verifi!therl knolited0 of the bid cire cumgiance. By copy of-thisJcorresoondehce, l'ari•notifling the.Cqy Engineer., OffiCe of thisinafter:-4= ;°:' . • • --" I respectfully point out that our firiols invoivementjh this project is completed at -this time iwaccordancCwith Current Esitracts;:how;;., ever,we stand ready VI assist In r:eviiii:01-.Submittal. drawings'. construction observation, etc., atA/ie.-Pleasure of Abe City: If you desire a proposal\for our services in conjunctImxith 00 reminder of this project, please notify the.undersigneti.eflour earliestcon- venience. . •: - " :Continued: = tiviireirau!itsuessas Situp • nusierienhicen dorm r TOW ' -Y'ikkediheNportUnity to be of Service to the City and illethaiber of carmeras on this.project and look forward 1 '''''intIchoth Offices in the future. z, • Frontiers Inc. P.O. Box 15152 bmr Little Mock, AR 72231 March 28, 1983 Mr. Sturman Mickey City of Fayetteville Fayetteville, AR 72701 Re: Bond I H 2109 Dear Mr. Mackey: Please be ndvieed that Frontier, Inc. vas the apparent low bidder on the Industrial Park SewerExtensionroject*And that Hr. Cary Combs mill be doing the project forlirontieraInc. Mr.'Combe, vith my prior:, approval, signed my name tO the Contract documaCht., sei 1- Frontier, Inc. Si proud tOtbe:• able th do this.jOhjor the City of Fayetteville and Mr. Gary Combs will ACt is MylgenerS1 superintendent for this project.. Respectfully yotirs, 51.? . State Of. Arkansas County-ofs:Pulaski On'thit: 28th day of MArCh;-1987,',hefOrctime,HthtsubScriber, peso:2411y appreareCAlan Rogers :a '41'peiliumnerr howevalikol4Wirby me Who. Set Rece90 described in, ,'id who ;ilia:9E4(01. mhe furegninelinstrOmint tnoll 11 acknowledged semi to be his a,i ahd ."10.11.1.r egg' ""4••"•04-40ew iirwritisto 421349. - • • Plans are on file with the City Engineer's Office 4/15/83 " 41•1.1 011141•0.9. mom' ••;•1•CA.1•2 • • IKam1-3 Val INFONMATION tbNLY AND CONFERS COVERAGE AFFORDED IfiR IS ISSUED 1 • 'r NAME AND ADDRESS OF AGENCY Babb & Associates, Inc. P.O. Drawer 15430 GMF Little Rock, Ar. 72231 NAME AND ADDRESS OF INSURED Pure Gold, Inc. and P.O. BOx 512 FAyetteville, Ar. AS A MATTER OF AMEND. Frontier, Inc. 72701 NO BY RIGHTS UPON UMW., COMPANIES AFFORDING COVERAGES COMPANY LEITER A INA COMPANY LETTER • SAfety COMPANY LETTER COMPANY D LETTER Mutual HOLDER. COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY LETTER TYPE OF INSURANCE A A GENERAL LIABILITY COMPREHENSIVE FORM PL1 PREMISES—OPERATIONS • EXPLOSION AND COLLAPSE HAZARD • UNDERGROUND HAZARD • PRODUCTS/COMPLETED OPERATIONS HAZARD • CONTRACTUAL INSURANCE ▪ BROAD FORM PROPERTY DAMAGE E INDEPENDENT' CONTRACTOR' S M PERSONAL INJURY AUTOMOBILE LIABILITY 11 COMPREHENSIVE FORM 3E. OWNED . C HIRED CI NON -OWNED EXCESS LIABILITY El UMBRELLA FORM LI OTHER THAN UMBRELLA FORM WORKERS COMPENSATION and. EMPLOYERWLMBUTY OTHER POLICY POLICY NUMBER EXPIRATION DATE Under Binder 6/1/83 `Under Binder UM 6..5 48 AR DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES 6/1/83 6/1/83 Limits of Liability in Thousands (000) EACH AGGREGATE OCCURRENCE BODILY INJURY PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED $ PERSONAL INJURY BODILY INJURY miscHmmmiN $ BODILY INJURY (EACH ACCIDENT) 'PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY Sewer Improvements for Armstrong Avenue in Fayetteville Arkansas $ 300 300 100 100 500 $72000 300 1. $2,000 (EACHACCOOD Cancellation: Should any of the above described policies be cancelled 48?E,rPt4tOE2Pa16ccildiP440eof, the issuing corn- pany will ettxxxby mail 10 days written notice to the below named certificate holder, bsthiSkibil ombtsctottaithesttkRikitRitgaerntsaRISERkkgstAismotARkiSthtegibtktRWROem • NAME AND ADDRESS OF CERTIFICATE HOLDER City of Fayetteville c/o McClelland Consulting Engineers, Inc. 1810 N. College Avenue Fayetteville, Ar. 72701 WEISSUED: 4/12/R1 rh Semi° LITHORIZED ZEPRESENTATIVE CERTIFICATE IS IssuEp NAME AND ADDRESS OF AGENCY Babb & Associates, Inc. P 0 Drawer 15430 GMF Little Rock, AR 72231 NAME AND ADDRESS OF INSURED Frontier, .Inc. P 0 Box 15152 Little Rock, AR 72231 vszosaaj Lauf AS A MATTER OF INFORMATION ,griLy AND CONFERS AFFORDED NO BY RIGHTS UPON 2115110 COMPANIES AFFORDING -COVERAGES COMPANY A LETFER COMPANY B LETTER COMPANY C LETTER COMPANY D LEITER COMPANY E LETTER INA 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. of any contract or other document with respect to which this certificate may be issued or may pertain. the insurance afforded terms, exclusions and conditions of such policies. COMPANY LEITER TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY O COMPREHENSIVE FORM IIJ PREMISES -OPERATIONS O EXPLOSION AND COLLAPSE FIAZARD UNDERGROUND HAZARD O PRODUCTS/COMPLETED OPERATIONS HAZARD 0 CONTRACTUAL INSURANCE BROAD FORM PROPERTY DAMAGE 0 INDEPENDENT CONTRACTORS FE PERSONAL INJURY AUTOMOBILE LIABILITY 1111 COMPREHENSIVE FORM 0LilOWNED HIRED O NON -OWNED EXCESS LIABILITY El UMBRELLA FORM 11 OTFIER THAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERSLIABILITY OTHER POLICY ' EXPIRATION DATE Under Binder 4/13/84 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Sewer Improvements, Armstrong Avenue, Fayetteville, AR Notwithstanding any requirement, term or condition by the policies described herein is subject to all the Limits of Liability in Thousands (000) EACH AGGREGATE OCCURRENCE BODILY INJURY $ PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED $ PERSONAL INJURY - $ BODILY INJURY • (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY $ axHAccoun L Ma L ex. tatiy—chunged—bntimpany ,Cancellation: Should any of the above described policies be cancellei before the expiration date thereof, the Issuing com- pany will RXXXXEM rtiail—la— days written notice to the below named certificate holder, faarimixio Anti) .8 0' "4,"0 11, <I' Wit UJ 44 MO NAME AND ADDRESS OF CERTIFICATE HOLDER - City of Fayetteville, Arkansas c/o McClelland Consulting Engineers, Inc. 1810 N. College Avenue .Fayetteville, AR 72701 DATE ISSUED r-- 4/1203 Rg/sj ads AUTHORIZED REPRESENTATIVE ccorc11 %Piano L.W• 13:-IV1L CERTIFICATE IS ISSUED AS A MATTER OF TE DOES1NOT AMEND1EX NAME AND ADDRESS OF AGENCY Babb & Associates, Inc. P 0 Drawer 15430 GMF Little Rock, AR 72231 NAME AND ADDRESS OF INSURED Pure Gold, Inc. P 0 Box 512 Fayetteville, AR 72701 INFORMATION OR - ONLY AND CONFERS NO . RIGHTS UPON GE AFF BY COMPANIES COMPANY A LETTER COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER AFFORDING COVERAGES INA Safety Mutual - COMPANY E LETTER Thls is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY • El COMPREHENSIVE FORM .117CD080242135 1;IPREMISES-OPERATIONS n EXPLOSION AND COLLAPSE FIAZARD laUNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE El BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY AUTOMOBILE LIABILITY A COMPREHENSIVE FORM NYCD08024285 [;-c] OWNED HIRED • NON -OWNED EXCESS LIABILITY B lilUMBRELLA FORM ▪ OTHER1-1-rANUMEMELEA FORM WORK EPS1-COMPENSATION and EMPLOYERS' LIABILITY OTHER UM6548AR DESCRIPTION ,OF OPERATIONS/LOCATIONSNENICLES POLICY EXPIRATION DATE 6/1/83 6/1/83 6/1/83 Limits of Liability in Thousands (000) EACH OCCURRENCE BODILY INJURY PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED AGGREGATE 300 300 100 100 PERSONAL INJURY BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED $500 BODILY INJURY AND PROPERTY DAMAGE $ 2,000 ••• $ $300 2,000 (EACH ACCIDENT) Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 10 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. - NAME AND ADDRESS OF CERTIFICATE HOLDER; . City of Fayetteville P 0 Drawer F Fayetteville, AR 72702 DATE ISSUED: 4/27/83 ch/sj AUTHORIZED REPRESENTATIVE FAYTTVILL, SflICSNSAS CITY ENGINEER'S OFFICE P.O. DRAWER F 72701 (501) 521-7700 TO: Board of Directors FROM: Donald R. /f Bunn - City Engineer) SUBJECT: Industrial Park Sewer Extension (Arkansas Western Gas) Bid Award DATE: March 29, 1983 I recommend award of the bid to the low bidder, Frontier, Incorporated, P.O. Box 15152, Little Rock, Arkansas. The City Attorney has examined the bid documents and it is my opinion that they are proper as long as the contract is executed by Frontier, Inc. and its representative. The 10" Truss Pipe at $22,051.50 is the intended award. The Purchasing Officer concurs in this award recommendation. 21 Sturman Mackey Purchasing Officer Attachments: 1. Bid Tabulation 2. Letter from McClelland Engineers, Inc. 3. Letter from Frontier, Inc. AWARDED AS RECOMMENDED BY CITY BOARD OF DIRECTORS AT THEIR REGULAR MEETING ON APRIL 5, 1983.• JtL fl p Sturman Mackey Purchasing Officer •�^ {P VI . W N N — .. N 1n O 01 m U1 (flUt to m Z C C •. 3 g C) (p r r r r r r :-CC i Z O K 0 •T Ti T T T W N A Z —4 r —4 —4 rt f O N O N O O N N Id C• = n = VI = W = VI - Vf = N = S N ( O F Eros -ID F O rID O F O £ O £ L £ G £> i G (DJ. R lD J' (* m ID c (DC ID m N J. _. S O -In S N S a+ it' S rt J N OWi (ONO t0 a n I) In rf rt 5 S rn N Z N -, d _0. 0' V V J. 7O -f O -'. o O m O 0 N 'O 0 00 V' O. S 1p N S lO N c' ID N (DC (D N (D VI (DO I 40 J. J. `I - VI a 1/1 0. IQJ .J 4• p N O O S S U) I O(O N10, O 0 Ci Cl Ir• a a o C a i G T 8 m U, A ' O O tP a Oi (O N aft- 1 • • tO O O O O O [II N (O J W O O Z O- O O O O N O- Cr Ui O _ n A J J - IX r - ( fl UI W J• O W N '.I :N G 0 b O O (II a ON N W L •' o O O O V O N CEO ,n R O O O O O (fl N N N O S o O O_ O O 0 0 U( m O C IY. O 6 V .1 W -+ It I IC t0 ---.-• I N ,A N -C W N -• -a - -. H (S J lD UI UI N V O O ~ W ft' m 9 Z L' ID o O W a a N O• V W lO <14 O O W IO a a to m V kNml- y.s a m J pJ N N N N a Irt Ix O Em n O r 0 cc O a N m T O S O 0 N W J O 0 (O a IL T2 Vt (T O -' N O b O j i IC T o O O IO 01 • m Cl-, -'I { O O O N N N O UI O W _ rtDj h r'- ; .. 0 D O 1 flan •_ln (T O N O W VI N W W a IO fl Z r! Z O a UI O UI O Ut O VI O V - O O n O O 0 n Q O O 1 ➢ e+ 'IP J l J J �(] a VI W W a a 'UI IX 0 -pa to O( W 0 Cii V OI N V W :O m} I ➢ V O N a 0 V m W m W I O IN UI O Ut O W O V tT -N) o° I I I 0 0 0 0 0 o m o (T o IC- I c 0 0 0 0 0 0 0 0 0 o I ! I (n rn 1 ^ 3 w rn f I • N -J 4 m m O (II O O (D a W T D\ m Y. 1-0010 O a O O O O O O o O O ,�]n Z - o a a O O O O O O O O l'Sm _. Na 1•-i VI Ol W N N A - V V (O I" Z X ' O t0 w N (O N W N •(T Ui J 1"I r IT ('1v O O a W W N N '2 Iz O UI O O N N O1 o O O C Cl • 0 0 0 0 0 0 0 0 0 o I 0 0 0 0 0 0 0 0 0 040- - 'a c : A i � ^ � j z not accepted r. C-, fIon II In,- n - o II }&i r ~ I O L 0 Iz I rn I `e cc o Z O fl f J t : Z a C, - a� H Ar. A.-. IO �00 00 � - .--1 NO - �+NO n • I W N VIN ➢ NN ➢ t11N ➢ VIN D Pin)n H m2Ar m9�r PN -Ir D3nr Ovl •A H n m I S W DW O T�In� oJN J o.-J-<- W �O VIO �n�O vW NO➢y0 N w 3 n C C 9 C C NO ' NON NTVI NrIA 3-s amN.. `tzco t0 - mz - z• -" mz - z G] L1 G7 Gl N Co Co Co Co N I0 O t a A O r, o n Oz.c O Im '-iz 0.H N alr : Ni N N N I� + n 1 N N a V » '� r-10 O -, N T O J V a a to :O .Tl n Ni VI V O vl n - I I tirt O °'S\ N VI O 4 C iD p c n n C 1 tn c- Irt C' :9 �] I N I I I I m9 m Cl f mmi0 d N O I Z'S On➢I� x 1 timi> p Co Co Co w m -I -"l z O N w a I�' K In m O T O a 0 O VI n Y {" c< Co N Ni a' U' � { u a' A O to O I I rrroit • A O O O C' 1 •N ce O U O V O I < Y O n N Y pet•• i - - 3 `Q_4 -I. o y n a I ny z I I tir1:L a3 OI" 0 o m o S Ni N3 Ni Ni - Os n C n 00 0 VI N VI V OriO Ix Ix I O N J Ni t0 ;+ T ^O N- OI Ot O . G O W V V O I N VI O VI O O 0 I O O O O O 0 IG IJ rt rt Iry •m t N I I I I 01 o In �yalz oo y-+ y N CO w Co �N3�� o Co w UI VI V Ot V a' (T n r I:J V N V V O a O O O O O iG I I i iD iQ P not accepted ;z { o I'- f C O O rn IG N •H IN n Ifi IO o H 6 Irt -c C) y 0 1- • jL• O 2 McCLELLAND CONSULTING ENGINEERS INC. Environmental andEaterfialsTesting Civil, Environmental and Chemical Engineering Consulting LITTLE ROCK JAMES E. MCCLELLAND, P.E. FRED NIELSEN, R.L.S. 24 March 1983 Mr. Sturman Mackey Purchasing Department City of Fayetteville P. 0. Drawer F Fayetteville, AR 72702 Subject: Tabulation of Bids' . Sewer Extension Project, Armstrong Avenue Dear Mr. Mackey: Enclosed herewith is a bid tabulation for the Our review indicates that the tabulations, as and the apparent low bidder is Frontier, Inc. job referenced above. presented, are accurate There seems to be a minor discrepancy in the Proposal form in that Gary Combs is presented initially to be the "undersigned" while, in fact, the Proposal bears•a signature reading "Alan Rogers". Through telephone conversations with the Arkansas Contractors Li- censing Board on March 24th, I have discovered that Gary Combs is not personally licensed (either as Gary Combs Construction Company or as Pure Gold, Inc.) but apparently is proposing to do business under the license of Frontier, Inc. FAYETTEVILLE J.E. McCLELLAND. P.E. VERNON 0. ROWE. P.E. I.would suggest that you ask the city attorney to give you a legal opihion regarding this matter. Certainly, as a minimum, Frontier, Inc. should be contacted to verify their full knowledge of the bid cir- cumstance. By copy of this correspondence, I am notifying the City Engineer's Office of this matter. I respectfully point out that our firm's involvement in this project is completed at this time in accordance with current contracts; how- ever, we stand ready to assist in the review of submittal drawings, construction observation, etc., at the pleasure of the City. If you desire a proposal for our services in conjunction with the remainder of this project, please notify the undersigned at your earliest con- venience. Continued - 1810 N. COLLEGE AVE. P.O. BOX 1229 FAYETTEVILLE. ARKANSAS 72702-1119 TELEPHONES 1501144.4271/44Yi]TI Mr. Sturman Mackey City of Fayetteville 24 March 1983 Page . . . .2 We have appreciated the opportunity to be of service to the City and the Fayetteville Chamber of Commerce on this project and look forward to working with both offices in the future. Cordi.11y yours, 1 .L. inator JQ/mkl cc: Dale Christy, Fayetteville Chamber of Commerce Sid Noorbakhsh, Office of City Engineer a. D Frontier, Inc. P.O. Box 15152 GMF Little Rock, AR 72231 March 28, 1983 Mr. Sturman Mackey City of Fayetteville Fayetteville, AR 72701 Re: Bond II H 21047 Dear Mr. Mackey: Please be advised that Frontier, Inc. was the apparent low bidder on the Industrial Park Sewer Extension Project and that Mr. Gary Combs will be doing the project for Frontier, Inc. Mr. Combs, with my prior approval, signed my name to the contract document. Frontier, Inc. is proud to be able to do this job for the City of Fayetteville and Mr. Gary Combs will act as my general superintendent for this project. Respectfully yours, Alan Rogers State of Arkansas County of Pulaski On this 28th day of March, 1983, before me, the subscriber, personally appreared Alan Rogers to me personally known, and known by me to be the person described in, and who executed, the foregoing instrument and acknowledged same to be his act and deed. Hk SPECIFICATIONS FOR SEWER IMPROVEMENTS ARMSTRONG AVENUE FAYETTEVILLE, ARKANSAS Project No. 82-136 October, 1982 Prepared by: McCLELLAND CONSULTING ENGINEERS, INC. 1810 N. College Avenue Fayetteville, Arkansas J I TABLE OF -CONTENTS SECTION PAGE Notice to Contractors 1-2 Instructions to Bidders 1-5 Proposal 1-4 Contract 1-2 Arkansas Performance and Payment Bond 1-2 General Provisions 1-41 General Specifications Concrete 1-8 Pipe and Pipe Fittings 1-5 Water and Sewer Pipe Laying 1-19 Detailed Specifications 1-8 Appendix Typical Details Al -A3 i 1174 IEC r NOTICE TO CONTRACTORS r 1 NOTICE TO CONTRACTORS Notice is hereby given that the City of Fayetteville Fayetteville , Arkansas, hereinafter called the Owner, will receive sealed bids at the Purchasing Office, Interim City Hall, 115 S. Churctl St. Fayetteville, Arkansas, until 10:00 a.m., on the 23rd day of March , 1983, for the furnishing of all tools, labor, and materials, and performing the necessary work to be done in constructing sewer improvements along Armstrong Avenue, in the Industrial Park of Fayetteville, Arkansas. The location of the work is set out in the Plans and Specifications on file in the office of McClelland Consulting Engineers, Inc., Fayetteville, Arkansas. Work to be performed includes approximately 1,213 linear feet of sewer line construction, with the necessary appurtenances. All necessary work, materials, and every item of construction shall be in accordance with the Plans and Specifications as prepared by the Engineer. Copies of the documents may be obtained from the office of the Engineer upon the payment of the sum of $15.00, said payment being non-refundable. Pertinent information and the Detailed Specifications will be furnished to suppliers at cost of reproduction. 'The Contractors shall make such inspection and studies of the site of the work as to thoroughly familiarize themselves with all conditions to be encountered. Each bid must be accompanied by a surety bond in the amount equal to five percent (5%) of the whole bid, said bond to be issued by a surety company licensed to do business in the State of Arkansas, said bond to be retained as liquidated damages in case successful bidder fails, neglects or refuses to enter into the contract for the construction of said works, and furnish the necessary bonds within ten (10) days from and after the date the award is made. The successful bidder will be required to furnish a performance and payment bond, in favor of the Owner, in an amount equal to one hundred percent (100%) of the contract amount, at the time of the award of the particular contract section. The Owner reserves the right to reject any and all bids, and to waive any formalities deemed to be in its best interest. The attention of all bidders is called to the fact that they must be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature, as amended. Notice is hereby given that the City of Fayetteville is an Equal Opportunity Employer. J r The proposed contract is under and subject to Executive Order 11246 of September 24, 1965, and to the Equal Opportunity Clause contained in the Specifications. The successful bidder will be required to submit a Certification of Non -segregated Facilities prior to award of the Contract, and to notify prospective subcontractors of the requirement for such a Certification where the subcontract exceeds $10,000. Neither contractor nor subcontractor shall exclude from participation in, deny the benefits of, or subject to discrimination under any program or activity, any person in the U. S. on the grounds of race, color, national origin or sex, nor discriminate on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, or religion except that any exemption from such prohibition against discrimination on the basis of religion as provided in the Civil Rights Act of 1964, or Title VIII of the Act of April 11, 1968, shall also apply. The Construction Contract will stipulate a time for completion, expressed in calendar days. Since time is of essence, liquidated damages will be assessed the Contractor at the rate of $50 per calendar day should the Contractor fail to complete the work on schedule, except where project specifications provide for time extensions. Notice to Contractors - 2 J IYA �t TI r l INSTRUCTIONS TO BIDDERS ►rr e'er 8� k R J r 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 sendings 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 to the Owner. But bidders are required, prior to submitting any bid, to read carefully the specifications, contract and bonds, to examine carefully all plans, profiles, and estimates on file with the official as set out in the "Notice to Contractors," to visit the site of the work to examine carefully local conditions, to inform themselves by their independent research and soundings of the difficulties to be encountered, and to judge for themselves 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. 2. BIDS AND BIDDING FORMS. Bids must be made out in ink on the PROPOSAL SCHEDULE included in Section III of these plans and specifications. All bids shall be sealed and filed as provided in the "Notice to Contractors". No bidder shall divulge the information in said sealed bid to any person whomsoever., except those having a partnership or other financial interest with him in said 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. All papers bound with or attached to the Proposal Schedule are necessary parts thereof, and must not be detached. A copy of the plans, profiles, specifications, and bid forms may be obtained as provided in the "Notice to Contractors." 3. LUMP SUM AND UNIT PRICES AND FILLING IN a lump sum or unit price for every item estimate of quantities of work to be done, in the office of the official as set out in bidder shall include in the prices named labor, materials, tools, equipment and a BIDDING FORMS. Bidders must state of work named in the Engineer's approved by the Owner and on file the "Notice to Contractors." Each in his bid the furnishing of all pparatus of every description to J I 174 NA8. r construct, erect and finish completely all the work as called for in the specifications or shown in the plans. The price bid for the items must be stated in figures and in words in the appropriate blank spaces provided on the bidding forms. Such figures must be clear and distinctly legible so that no question can arise as to their intent or meaning. In case of a difference in the written words and figures in a proposal, the amount stated in written words shall govern. Unit prices bid and totals shown in the proposal shall not include any of the costs of engineering, advertising, printing, and appraising. 4. 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. 5. SIGNATURE ON BIDS. If the bid is made by an individual, his name must be signed by him or his duly authorized agent, and his post office address given. If the bid is made by a firm or partnership, the name and post office address of each member must be given, and the bid signed by a member of the firm or partnership, or a person duly authorized. If the bid is made by a company or corporation, the company or corporate name and the state under the laws of which said company or corporation is chartered, and the business address must be given, and the bid signed by an officer or agent duly authorized. Power of attorney, properly certified, for agents and others to sign bids must be in writing and filed with the Owner. 6. QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS. The bidder may be required to furnish the Owner with satisfactory evidence of his competence to perform the work contemplated. The Owner reserves the right to reject a bid if the bidder does not provide evidence of financial, past experience, personnel or facilities with which to perform the proposed work in a timely, efficient and competent manner. The Owner reserves the right to make such investigations of information submitted as is deemed necessary, before a rating is given and to disqualify any contractor from bidding if deemed in the best interest of the Owner. Where required by state laws, the bidders shall be licensed according to the requirements of such laws. In case contractors are required to be licensed, they shall note their license number on the outside of their Proposal. 7. BIDDING BONDS. Each bid must be accompanied by a bidder's surety bond issued by a company licensed to do business in the State in the sum of five per cent (5%) of the amount of the bid, made payable to the Owner as a guarantee that a contract will be entered into and the required bonds furnished within the required time, in the event of the award of a contract. 8. WITHDRAWAL OF BIDS. Permission will not be granted to withdraw or modify any bid after it has been filed. Requests for non -consideration of bids must Instructions to Bidders - 2 J ® IU, a COO FATM r be made in writing, addressed to the governing body. of the Owner and filed with the representative of the Owner designated to receive the bids before the expiration of .the time limit for opening bids. After other bids are opened and read, the bid for which withdrawal is requested will be returned unopened. 9. 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 their bid or 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: Failure to submit a unit price for each item of work for which a bid price is required by the Proposal. 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. Uncompleted work,which in the judgment of the Owner, might hinder or prevent the prompt completion of additional work if awarded. For being in arrears on existing contracts, in litigation with the owner, or having defaulted on a previous contract. 10. 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 to proceed to do the work otherwise when the best interests of the Owner will be promoted thereby. 11. 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 bid shall be deemed the lowest and best. Due consideration will be given to the reputation, financial ability, experience and equipment of the bidder. Instructions to Bidders - 3 L I1�'a"'r%8 r No bids received in the office of the official as set out in the "Notice to Contractors" after the time for filing, as advertised, will be considered. However, bids mailed from a post office other than that of the Owner and arriving in the Owner's post office before the time for receiving of bids and actually delivered to the office designated to receive the bids, before the hour for opening of bids, shall be judged to have been received in time for filing and shall be considered. 12. 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 as required; such bonds to be executed and approved 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 application 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. Upon failure of the bidder to execute said bonds and contract within the specified time after the contract is awarded, the bid by the Contractor will be considered to have been abandoned and the Owner may ask for new bids. By reason of the uncertainty of the market prices of materials and of damages and expenses which the Owner might incur by reason of said Bidder's failure to execute said bonds and contracts within said specified time, the bid bond 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 instruction shall be considered as acceptance of this provision. 13. RETURN OF BIDDER'S BOND. Bonds deposited with bids will be returned to the bidders as soon as the contract is awarded, except the bond 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, the bonds of all except the three low bidders will be returned as soon as the bids have been considered. 14. AWARDING OF CONTRACT. The Owner reserves the right to withhold the awarding of a contract for a reasonable period of time from the date of opening bids, said length of time to be stated in the Proposal. The awarding of a contract upon a successful bid shall give the bidder no right of action or claim against the Owner upon such contract until the same shall have been reduced to writing and duly signed by the contracting parties. The lettering of a contract shall not be complete until the contract is duly executed and the necessary bonds approved. 15. SUBCONTRACTORS. The Contractor shall not assign nor sublet all or any part of the Contract without the prior written approval of the Owner, nor shall the Contractor allow such subcontractor to commence work until he has Instructions to Bidders - 4 r T provided and obtained approval of such compensation and public liability insurance as may be required under the laws of the state. The approval of such 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. 16. PREFERENCE. FOR ARKANSAS CONTRACTORS. In the event that the Project is funded by an agency or Owner which is subject to the preference for certain bidders set forth in Section 14 - 614.2 of the Arkansas Statutes, in order to qualify for such preference, the Bidder must submit with his Bid a written claim for preference listing the owners of projects upon which he has satisfactorily performed prior contracts within the State of Arkansas within two years of the date of the bid opening and listing the nature of any and all taxes paid by the Bidder which support his claim for preference. For additional information, the Bidder is referred to Arkansas Statutes Sections 14 - 614.2 through 14 - 614.6. 17. "OR"EQUAL" CLAUSE. Whenever a material or article required is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor, any material or article which will perform adequately the duties imposed by the general design may be considered equal and satisfactory providing the material or article so proposed is of equal substance and function in the Engineer's opinion. It shall not be purchased or installed without his written approval. Instructions to Bidders - 5. J 1 PROPOSAL r PROPOSAL FOR SEWER IMPROVEMENTS ARMSTRONG AVENUE Fayetteville, Arkansas Job No. 82-136 Dated: October, 1982 TO: Gentlemen: The undersigned of ,4cor,t,c fir,r , states that he has carefully examined the Plans, Specifications, maps, and profiles, on file in the Office of McClelland Consulting Engineers, Inc., Fayetteville, Arkansas, relative to the proposed Sewer Line Construction, as set out in the title of this Proposal; that he is familiar with the same and understands each and all; has examined the location and site; that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quantity and quality of the Plans, work to be done, excavation, equipment, and materials required, and with the full knowledge of the Plans, Specifications, profiles, and estimates and all provisions of the Contract and Bonds; that this Proposal is made without collusion on the part of any person, firm or corporation, and that he has not divulged the information contained in the Proposal to any person whomsoever, except those having a partnership or other financial interest with him in the Proposal. He further states that he will enter into a contract to construct said improvements in accordance with the Specifications, and have same completed within 30 calendar days from the date of the Notice to Proceed for the unit prices set out hereafter. 14 r `t&Lcn PROPOSAL SCHEDULE SEWER IMPROVEMENTS ITEM UNIT NO. QUANTITY ITEM PRICE EXTENDED IA 1,095 L.F. 12" Vitrified Clay $ /x/,00 /L.F. Sewer Pipe (numerals) �our�nev� dollars/Linear Foot $ /533O0O_ (words) (numerals) 1B 1,095 L.F. 12" ABS Truss $ ,',,36 /L.F. Sewer Pipe (numerals) i�e'ev< cbltarsc-ffirrr/fJe GeA dollars/Linear Foot $/,29282= (words) (numerals) 1C 1,095 L.F. 10" Vitrified Clay ' $ / .75 /L.F. Sewer Pipe (numerals) 1We/✓ee p'o//qr3 `djccenf�-{o{ Cara, dollars/Linear Foot $ /3961 Z5 (words) (numerals) 1D 1,095 L.F. 10" ABS Truss $ q,%O /L.F. Sewer Pipe (numerals) /✓ ego/(qf51nrle>4 CP dollars/Linear Foot $ 0O1f03o (wor'ds) (numerals) 2A 118 L.F. 12" Ductile Iron $ 11O..2 5 /L.F. Sewer Pipe (numerals) 66(4efei, dof�Ars`6twejt(--i ecefdollars/Linear Foot $ 19(-I (words) (numerals) 2B 118 L.F. 10" Ductile Iron $ f4,5 o /L.F. Sewer Pipe (numerals) fvu✓'faen cblkars 4 cAf ft eevtlS dollars/Linear Foot $ / 7 1/ ,00 (words) (numerals) 3 6 Ea. Manholes $ 675,Ob /Ea. I' (numerals) r,4of -rlu tgred S�erk-v4100e dollars/Ea. $ 34 60 (words) (numerals) Proposal - 2 Mt r PROPOSAL SCHEDULE (Continued)_ SEWER IMPROVEMENTS ITEM UNIT NO. QUANTITY ITEM PRICE EXTENDED 4 10 CY Rock Excavation $ o /CY (numerals) dollars/cubic yard $ o (words) (numerals) 5A Lump Sum Street Crossing $ 5Soo BLS 18" Casing and (numerals) Boring for 12" Sewer f f/r e�91t F hundred dollars/Lump Sum $ ,-SoD °° (words) (numerals) 5B Lump Sum Street Crossing $ JS o0 O° /LS 16" Casing and (numerals) Boring for 10" Sewer ? t 74c r hundteO/ dollars/Lump Sum $ S5<oDoo- (words) (numerals) 6 10 CY Class B Concrete 1' Encasement $ h,5 00 /CY (numerals) S Xf — t?ue dollars/cubic yard $ L�50 (words) (numerals) TOTAL BID USING 12" CLAY PIPE (Items 1A, 2A, 3, 4, 5A, 6) $ o2714h1.50 TOTAL BID USING 12" TRUSS PIPE (Items 1B, 2A, 3, 4, 5,4, 6) $ TOTAL BID USING 10" CLAY PIPE (Items 10, 2B, 3, 4, 5B, 6) $. a 517:2 • 25 TOTAL BID USING 10" TRUSS PIPE (Items 1D, 2B, 3, 4, 56, 6) $ .2t5! .50. Proposal - 3 r Dated at ,q;F77Zd,aeL. , this a3 day of 1v►xec,.i , 1982. Respectfully submitted, ) l�ync2 7C. BY: BY: (Members of Company if Partnership) Proposal - 4 kTA 'tUL c on Tcn J l CONTRACT I CONTRACT STATE OF ARKANSAS COUNTY OF WASHINGTON THIS AGREEMENT is made and entered into on this 6fi, day of 1982, by and between e,'/0l rWyel7tviGCe , Fayetteville, Arkansas, hereinafter called the Owner' and ?2D4.ti , .be. of L -1-1 hereinafter called the Contractor. WITNESSETH: That Whereas, the Owner has called for bids for the construction of sewer improvements, Armstrong Avenue, City of Fayetteville, Arkansas, as set out in these Specifications and approved by the Owner, and, WHEREAS, the Contractor is the best bidder for the Work hereinafter set out, pursuant to the published call for bids under said Plans and Specifications, NOW, THEREFORE, the Contractor agrees with the Owner to furnish all material and labor necessary to complete the construction of the sewer improvements including all related work as shown on the Plans and described in the Specifications pertaining thereto, for the unit prices bid in the Proposal, said Proposal being a part of this Contract, and at hi.s own cost and expense furnish all supplies, labor, machinery, equipment, tools, supervision, 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, and in accordance with the plans, which includes all blueprints and other drawings, and written or printed explanatory matter thereof, total sum eing:7'-7wo.-7rlk/. D /t4' -O4& xOd& 3Cs give -idStY S �10z os/, 57o) , The Contractor agrees to confplete all work pertaining to said construction 30 calendar days from the date of the Notice to Proceed. The Owner agrees to pay the Contractor in current funds for the performance of the Contract in accordance with the accepted Proposal therefore, subject to additions and deductions, as provided in the General and Detailed Specifications, and make payment on account thereas provided below: As soon as is practicable after the first day 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. Upon completion of the work and final acceptance by the Owner and Engineer, the Engineer shall issue a final Estimate of work done based upon the original and subsequent changes made and agreed upon, if any. L r 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. Failure of the Contractor to complete the work hereunder within the time heretofore stipulated will result in the assessment of liquidated damages in the amount of $50 per calendar day, except as specifically provided for hereafter. If the Contractor be delayed at any time in the progress of the work any act or neglect of the Owner or of his employees, or by any other Contra employed by the Owner, or by changes ordered in the work, or by strikes; - ....� lockouts, fire, unusual delay in transportation, unavoidable casualties, abnormal weather conditions, or by delay authorized by the Engineer pending arbitration, or by any causes which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extensions shall be made for delays occurring for more than seven days before a claim therefore is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the option of declaring this contract at an end, in which event, the Owner shall not be liable to the Contractor for any work theretofore performed hereunder; said Owner may complete the said contract at its own expense, and maintain an action against the Contractor for the actual cost of same. This contract shall be binding upon the heirs, representatives, successors, or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF;=the Owner and Contractor have hereto set their hands and seal, respectively. Contrac or WITNESS 4 WI TIT Contract - 2 1 ARKANSAS PERFORMANCE AND PAYMENT BOND J ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We, %4, caj tJu as Principal FJpr reinafter called Principal or Contractor, and P7yU>a,,,,. hf,IyLeA.-t.a. ,hereinafter called 'surety, and held and firmly oun unto ( , L -.et , as Obligee, hereinafteA called iiwner, in the amount of Je,.'., 2nr1(pJ_ JL-�Le , 5)'j sD Dollars ($ d.S/„so r ) , for the payment where�'f and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated 6 ) Q J'3 entered into a contract with the �wner for which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The condition of this obligation is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure to do so and shall fully reimburse and making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor materials furnished or performed under said contract failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. All alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, of either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. J I-- r This bond is executed pursuant to the terms of Act 209 of 1957 of the Arkansas Legislature. Executed on this / day of , 19cC PRINCIPAL n -fact COUNTERSIGNATURE: Arkansas Statutory Performance and Payment Bond - 2 ►Tr'a cM.6WA' PR J •- If ,1 1 • u' .'l 41' 111 , ,1 - T '+.,,. I rl' HERITAGE INSURANCE COMPANY OF AMERICA .; : t r II' F LINCOLNWOOD, ILLINOIS -- jl - .'I _rt. al > I' E 1+.1'. :\ i - -lI•. Il 1:' . a 1• { ill i •11{ �• ! t i' — 1 •- IY ej a tll l 11 — - .I In ql • F. _ 1, _ It •' rof Attorney! - {I = 1!;f - 't r,'` ' r t! 'F — s • q 't' '4',} X11.4I. 1 I •il` . ''.lil C •iI ' II �. II FI I !' -- '- • • fl{ II' _ 1 14 '- •IY1 _ , - •iF'. '_= Iii r- ^ I !:•s ,I• .I rlf ��t .c. PRINCIPAL Frontier, Inc. TI EFFECTIVE DATE'•April '12,: 1983 d, • 1 - i p _ I r I c^ ,1 •. _ L' � 0- I4']' 11•_ ,t • �i-B • '� • � : ii DBA --• 1 's-- d ;--d_ • . = !I! ,'=• �1! =AMOUNT -OF. BONDS "222,0051.50 I:- 1 ' 'I 1 1• `- f -Ili. • I � , 'i 1, l tl A4 iilII POWER NOi H {I I 26052 ,I c! "KNOW ALL MEN:BY THESE PRESENTS: That the Heritage Insurance Company, Corporation in the State of Illinois, having itsl. principal office in Lincolnwood, Illinois, pursuant to the following resolution; adopted by the Board of Directors of the said Company on the 9th day of March, 1979, to wit: -. -. _ !i: :- ,I ^ 11 " 'I = 11 - , The.President or any .Vide -President, or other officer designated by-theBoard of,ExecutiWe Committee shall have authority,' severally, to make, execute and deliver a power 'ofattorney constituting as Attorney -in -Fact such persons, firms or corporations as such officers may select from time to time." it —: 'I'• ` 41I p = 1 $ 1 - 'dl : n1 does hereby make, constitute and appoint D. Michael Babb, of North Little Rock; 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 its act and deed as follows: :. - '•.1. _ v a,. - it _ ',1 o-. ^ r r1, _ ,.. v r R • 1tlr t. lil The obligation of the Company shall not exceed the sum of one hundred thousand ($100,000.00) dollars:.1 '- •' , .I. {Jf =' 1.', - 1 I! J II'! = '•.-' n = ill 'f:r - and to bind • Heritage Insurance Company thereby as -fully -and to the same extent as if such bond or undertaking was signed by the duly, • authorized officers of the Heritage Insurance. Company, and all the acts of said.Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed.- I o °: t ` IN WITNESS WHEREOF, the' Heritage Insurance Company has caused'these preients io besigned by its President. and/or. its' Vice -President, and its Corporate Seal to be. hereto affixed.' = : = -- - 11 -_ :-� w. ..c jl _ I - .—„- l,' - ;,I - ql 11 - I - = I` r tCGOA, ' ..HERITAGE INSURANCE COMPANY OF 'AMERICA--. - _ II • _ 't '• O \,_1VfO_• 11 _•Il — �• L III p II { 'Ilr r — _ I. „ a1 SEAL 9; _ ... : if:- • .- 1 •'.. 1 T 1 1 „ Vincent M. Gracinto, President _ It! — f, — • — :p r $1 -_ - - 1 -- I+ .. ,t _ I,.,I•i .,'i EJ State of Blinois -1 t - "IL r 1 a '! II, h, ) SS: _ 1 Coun of Cook 'f _ - - -'I, I; _ "l ' ,11 • 1 hi , II' LL,II ! 1 ---F; Y) II On'this 9th: day of March; 1979, before the subscriber, a Notary Public of the State of Illinois in and -for the County of Cook -=duly commissioned and qualified; came V. M. Giacinto of the. Heritage 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. - 11; _ 1 - �- 1. ,.1 1.I1 _ 1; , � 4 1 :" � =•:�I 11 I I W I:• IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Lincolnwood; Illinois, the day and year 1 n_ .-. „ _ _ fI - •-.1 r6• • .r' -1 .,. II II. r!' L. I. - _ - ':'frr'' - '! 1 • i!'. 1u ••I - •; .. _ _ ! i*;:'' Ii�' ',I 'II'�, �1 ' -. -r - t 11, f ! k... `` - -- Ijl _ NotaryPublic 1� - 1 = e�A�� ` • 1,. ' l - _ T !J. ,I, _ '! _ I, I: = I! JOSEPH D. "UDONI '! !':1 II I r„ = ql I:' _.. ! - NOTARY,PUBLIC, State,of UIinois,l l _' !: _ P : Qualified in State of lllmoia rl _ l ° II . ' Commission Expires March 4; 1984 ' • rI ., ^ •.rl II. State of Illinois ) County of Cook ) l' tt - ;I I I•I •_- 4 11. 1 _ IfC _ i' n " • q 1 r • ' •CERTIFICATE_ .-. - yr ' -' .1the undersigned,_.Secretary:of HERITAGE INSURANCE CO.r a stock corporation of 1. the• State of= Illinois, DO�HEREBY CERTIFYzthatthe;foregoing-and: attached' Power of;Attomey - and Certificate of Authority remains in.full force and has not been revoked; and furthermore, that the. Resolution of. the Board of Directors, as set forth in the Certificate of'Authority, ate nowr in force. l = Signed and Sealed at'the Home Office of the Company, at ]Lincolnwood.Illinois. Dated this ;ll „12 II 'i', day m Aprl1' _ • w• „� -III it �.: t1j { l -. 1 L1 _ fl '�I � 1! ,� ...S 19 :83• ii ]I r iI • 1 - i i! '.l II Ir'"_ 1 •A1 = I 'I'- II .. •'.,' a: 1'I Ili I'' .. �. • = e I,. I; _ .. IIL =. •il!', .1 1 1. 9 .I.. • _ 3:: r ' III - t ,4• is - I ! _ 11' il! !`, 1 I' _ ' : ] II t. i. .: I 11 1 •— .. 1 — •: {I J' I . I � q 1 — • Ali tu�� 'r inI L r l •! ^— . •e ',f _ •Iv I ". fl — ,�4�4 v i�• ai.+w _ 1 —1 -•1 (C��C••.. •1 1 _ 1' e� �.�/� l j l Secretary - ll •L r '. . _ 'I 1�_ 1 .1 1 r GENERAL PROVISIONS J GENERAL PROVISIONS SCOPE AND INTENT OF SPECIFICATIONS AND PLANS The Specifications and Plans are intended: to supplement but not necessarily duplicate each other, and together constitute one complete set of Specifications and Plans, so that any Work exhibited in 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 determined 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 that various instructions are in conflict, then the Contractor shall secure written instructions from the Engineer before proceeding with the construction affected by such omissions 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. - If any question of conflict or the work should arise, the governing with the highest priority first, shal (1) the Construction Contract, from time to time by Change (2) the Specifications; (3) the Plans (4) other papers. inconsistency between the documents for documents in their respective priorities, 1 be: as the same may be modified or altered Orders thereto; ENGINEER —`Engineer" shall mean the firm of McCLELLAND CONSULTING ENGINEERS, INC. who has been employed by the Owner for this work, or their duly authorized agents, such agents acting severally within"the scope of the particular duties entrusted to them, whose decisions shall, in all cases, be subject to final approval by the Engineer. At the time of award of the Contract it shall be specified whether the term "Owner's Representative" shall also be interpreted "Engineer." AUTHORITY OF THE ENGINEER The Engineer shall have the following authority: (1) to interpret the Plans and Specifications and define their intent and meaning; J 1 ►ter i MINE r (2) to determine whether the work done and materials furnished are in accordance with the terms of the Plans and Specifications and to condemn such in accordance herewith; (3) to make decisions on all matters relating to the execution and the progress of the Work; (4) to coordinate the Work of the Contractor with the Work of other contractors; (5) to stop the Work whenever, in the opinion of the Engineer, such stoppage may be necessary to insure the proper execution thereof; (6) to determine the amount payable to the Contractor from time to time for Work done under the Contract; (7) to make decisions on all controversies arising out of the Plans and Specifications or the refusal or failure of either party to perform any part thereof; (8) to give approvals and to take action to the extent necessary for the orderly and expeditious prosecution of the Work; but the Engineer shall not have authority to amend or modify the Construction Contract; (9) to delegate his responsibilities to other representatives of the Owner in connection with specific portions of the Work; (10) to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Plans and Specifications, or does not meet the requirements of any inspection, test or approval referred to hereafter or has been damaged prior to approval of final payment); (11) to require special inspection or testing of the Work as provided for hereafter whether or not the Work is fabricated, installed, or completed; (12) to exercise his best efforts to insure faithful performance by both the Owner and the Contractor. He will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the Work or the interpretation of or performance under the Plans and Specifications shall be referred to the Engineer for decision; which he will render in writing within a reasonable time; All decisions and determinations made by the Engineer pursuant to the Work and communicated to the Contractor shall be binding on the Contractor General Provisions - 2 11 J r unless, within thirty (30) days thereafter, written objection is filed with the Owner's Purchasing Agent demanding that the issue be determined by arbitration. LIMITATIONS OF THE ENGINEER'S RESPONSIBILITIES Neither the Engineer's authority to act under the Plans and Specifications nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the Engineer to the Contractor, any Subcontractor, any materialman, fabricator, supplier, or any of their agents or employees or any other person performing any of the Work. The Engineer will not be responsible for the Contractor's means, methods, techniques, or procedures of construction, or the safety precautions and programs incident thereto, and he will not be responsible for the Contractor's failure to perform the Work in accordance with the Plans and Specifications. The Engineer will not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of his or their agents or employees, or any other persons at the site or otherwise performing any of the work. - ENGINEER'S VISITS TO THE SITE The Engineer will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Plans and Specifications. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. His efforts will be directed toward providing assurance for the Owner that the completed Project will conform to the requirements of the Plans and Specifications. On the basis of his on -site observations, he will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. All of the work performed shall be subject to the inspection and approval of the Engineer. The Engineer and his representatives shall at all times have access to the work and the materials necessary for the performance thereof, and the Contractor shall provide proper facilities for access and inspection. If the Plans and Specifications, the Engineer's instructions, laws, ordinances, or any public authority require any of the work to be tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by authority other than the Engineer, of the date fixed for such inspection, but any such inspection shall not diminish the necessity of inspection and approval by the Engineer. Inspections made by the Engineer shall be promptly made. If any work should be covered up without the approval or consent of the Engineer, it must be uncovered for inspection at the Contractor's expense if required by the Engineer. General Provisions - 3 J II 1wI iM.§WJ1'fUE r CONTRACTOR'S EXAMINATION The Contractor will be held to and drawings furnished to him by or this Contract and shall consult with inconsistency or in the event any detailed or explained, and in no ev Work in uncertainty. have examined all information, documents, on behalf of the Owner in connection with the Engineer in the event of any error or portion of the Work is not sufficiently ent shall the Contractor proceed with the It is understood and agreed that the Contractor has, by personal examination at the site, checked the material and location of the work; the type of equipment, storage space and facilities needed preliminary to, and during execution of the work; the general and local conditions, and all other matters which may, in any way, affect or have a bearing on the work of the Contract and its costs. The Contractor also represents that he has studied all surveys and investigation reports of subsurface and latent physical conditions provided in the Specifications and made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract price in accordance with the requirements of the Plans and Specifications and that he has correlated the results of all such data with the requirements of the Plans and Specifications. Failure on the part of the Contractor to have fully informed himself of site conditions, and to fully understand the extent of the Work required, shall not excuse him in any way from his obligation to supply and install the Work in accordance with the Specifications and Plans, and under all conditions as they exist. Noextra compensation will be allowed because of his failure to so inform himself. His submission of a bid on the project shall be considered as sufficient evidence that the Contractor has complied with the above requirements. ARRANGEMENT OF SPECIFICATIONS AND PLANS Titles to sections and paragraphs in the Specifications are used merely for convenience, and shall not be taken as a correct or complete segregation of the several units of materials, equipment and labor, nor as an attempt to outline or define jurisdictional procedures. Likewise, the identifications of any Plans shall not control the Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. No responsibility, either direct or implied, is assumed by the Engineer, or the Owner, for omissions or duplications by the Contractor or by any of his subcontractors, due to real or alleged errors in arrangement of matter in the Plans and Specifications. QUANTITIES OF ESTIMATE Wherever the estimated quantities of Work to be done and materials to be furnished under this Contract are shown in any of the documents, including the Proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the Work contemplated by this Contract, nor shall any such increase or diminution in any way violate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. General Provisions - 4 Ii QUALITY OF THE PLANS The Plans have been made with care but cannot be assumed to be correct in every detail when some of the conditions to be encountered may not be shown on existing maps and are underground. The approximate locations of existing improvements are shown. The placing of this information on the Plans in no way obligates the Owner or Engineer as to its correctness, as it is indicative only and is placed there for information and assistance to the Contractor. It is the expressed intent of these Plans and Specifications that the Contractor is to make his own investigation of conditions to be encountered, and the submission of the Proposal by the Contractor for the work constitutes his compliance with this requirement. - Minor details not usually shown or specified, but necessary for the proper installation and operation, shall be included in the work as if shown or specified. Wherever the word "provide" is used, it shall mean "furnish and install complete and ready for use." - The accuracy of dimensions shown on drawings furnished to the Contractor by the Engineer having reference to any existing work, structure or facility is not guaranteed. The Contractor shall satisfy himself to such accuracy of such existing dimensions before starting the work. Whenever existing obstructions or dimensional inaccuracies capable of verification by the Contractor in the field, or minor variations in indicated arrangements or dimensions of equipment, interfere with the installation as shown on the Plans, the Contractor shall make such necessary alterations as are approved by the Engineer and such alterations shall not constitute a basis for extra payment. FIGURED DIMENSIONS Figured dimensions, followed, even though they the Plans, the dimensions instructions have been obt� Large scale and full size scale drawings. when given in the Plans, shall be accurately differ from scaled measurements. No work shown on of which are not figured, shall be executed, until lined from the Engineer as to dimensions to be used. drawings shall be followed in preference to small SURVEYS AND LAYING OUT WORK The Engineer shall establish a primary bench mark. The Contractor shall employ competent employees to establish all other bench marks and location stakes for structures. The Contractor shall verify all grades and dimensions as shown on the Plans, and he shall report any errors or inconsistencies in the above to the Engineer before commencing work. The Contractor will be held responsible for the accuracy of the layout of all the work. General Provisions - 5 J The Contractor shall provide and maintain well-built batter boards at all building corners; he shall establish additional bench, marks in not less than two widely separated places. The elevation lines and levels at existing structures may be used for locating, layout and directing the Work. The Contractor shall lay out the Work, check all positions of footings and walls in place, also the various levels of the structure, the intersections of lines at centers, test and check all elevations and levels and make a full report to the Engineer in case of any discrepancy. As the Work progresses, the Contractor shall layout on the rough flooring the exact location.of all partitions as a guide to all trades. LINES AND GRADES All work done under this Contract shall be done to the lines and grades shown on the Plans. The Contractor shall keep the Engineer informed, a reasonable time in advance, of the times and places at which he wishes to do work, in order that liens and grades may be furnished and necessary measurements for record and payment may be made with minimum inconvenience to the Engineer and delay to the Contractor. CONTRACTOR TO FURNISH STAKES AND HELP The Contractor shall furnish without additional 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 as surveys and in establishing temporary or permanent reference marks in connection with said Work. WORK DONE WITHOUT LINES AND GRADES Any Work done without lines, grades, or levels Engineer, or done without the supervision of an representative of the Owner, may be ordered removed Contractor's cost and expense. being given by the inspector or other and replaced at the PRESERVATION OF MONUMENTS AND STAKES The Contractor shall carefully preserve all monuments, bench marks, reference points and stakes, and in case of willful or careless destruction of the same, he will be charged with the resulting expense of replacement, and shall be responsible for any mistakes or loss of time that may be caused by their unnecessary loss or disturbance. In the event that the stakes and marks placed by the Engineer are destroyed through carelessness on the part of the Contractor, and that the destruction of these stakes and marks causes a delay in the work, the Contractor shall have no claim for damages or extensions of time. In the case of any permanent monuments or bench marks which must of necessity be removed or disturbed in the construction of the work, the Contractor shall carefully protect and preserve the same until they can be properly referenced and relocated. The Contractor shall also furnish at his •General Provisions - 6 J own expense such materials and assistance as are necessary for the proper replacement of monuments or bench marks that have been moved or destroyed. WORKMANSHIP AND MATERIALS The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the Work required by this Contract, within the time herein specified, in accordance with the Plans and Specifications, and in accordance with the directions of the Engineers as given from time to time during the progress of the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. The Contractor shall observe, comply with, and be subject to. all terms, conditions, requirements, and the limitations of the Contract and Specifications, and shall do, carry on, and complete the entire Work to the satisfaction of the Engineer. In all respects the work shall be performed in a complete and workmanlike manner by workmen skilled in their respective trades, and in such a way as to cause the least possible interference with the operations of other contractors or with the Owner's operations. All materials furnished by the Contractor shall be new and the best of their respective kinds, unless otherwise specified. The Contractorwarrantsand guarantees to the Owner and the Engineer that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Plans and Specifications. Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturer's or vendors' names, trade names, catalog numbers, etc., it is intended mainly to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed, is, in the opinion of the Engineer, of equal substance and function. It shall not be purchased or installed by •the Contractor without the Engineer's written approval. See the section which follows hereafter entitled SHOP DRAWINGS AND SAMPLES. However, the Owner shall have the right, upon giving notice in writing to the Contractor, to require the Contractor to purchase from such vendors as the Owner may designate, any or all of the items which are to be incorporated into the Work. If any items so designated by the Owner for purchase by the Contractor are purchased at prices which exceed, or are less than, the prices which the Contractor would be required to pay to reputable vendors at that time for similar,items of like grade and quality which would have complied with the Specifications and the Plans, then the Owner shall pay to the Contractor the amount of such excess, or the Contract Price shall be reduced by the amount of the difference, as the case may be. General Provisions - 7 IJ r WORKMEN The Contractor shall employ, or cause to be employed, on or in connection with the performance of the Work only persons who are fit and skilled in the work assigned. The Contractor shall at all times enforce, or cause to be enforced, strict discipline and good order among the workmen employed on the Work. Should any disorderly, incompetent, or objectionable person be employed by the Contractor, or by any Subcontractor, upon or about the Construction Site, the Contractor shall, upon request of the Engineer, cause such person to be removed from the Work and not again employed thereon without the written permission of the Engineer. HORSEPLAY, FIGHTING AND ROAMING Horseplay, scuffling, fighting or carrying of firearms is not permitted on the Construction Site. The Contractor's men shall confine their activities to the specific area of construction work. CONTRACTOR'S SUPERVISION The Contractor shall keep on his Work, during its progress, a competent Superintendent, and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall not be changed unless he proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Directions shall be confirmed upon written request. The Contractor shall give efficient supervision to the work, using his best skills and attention. He shall carefully study and compare all Plans, Specifications, and other instructions, and shall at once report to the Engineer, any error, inconsistency, or omission which he may discover. CONTRACTOR'S MEETINGS Meetings of the representatives of the Engineer and Contractors may be held in the field office at regular intervals, as directed by the Engineer, for the purpose of furthering the progress of the Work, and the issuing of instructions. Where such representatives fail in attendance or in executing the instructions given them, they shall, on request of the Owner, be dismissed from the work within twelve (12) hours from the time of each request, and other representatives satisfactory to the Engineer shall be immediately substituted. SUBCONTRACTING The Contractor may utilize the services of specialty subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty subcontractors. The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the Subcontractor, which statement shall contain such information as the Owner may require. General Provisions - 8 J The Contractor shall not assign or sublet al.l 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 under the laws of the state. The approval of such subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract, or Bonds. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Provisions and other Contract Documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provisions of the Contract Documents. Nothing contained in this Contract shall create any contractural relation between any subcontractor and the Owner. PARTIAL SETS OF PLANS AND SPECIFICATIONS FOR SUBCONTRACTORS Separate sheets of the Plans and/or Specifications will be available to subcontractors, suppliers and material dealers for their convenience at reproduction costs. However, it will be their responsibility to check their compliance with a complete set of contract documents prior to executing the Work to insure a complete and satisfactory interface with other contractors and/or subcontractors. ASSIGNMENTS The Contractor shall not assign the whole or any part of this Contract to any moneys due to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any moneys due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any moneys due or to become due to the Contractor shall be subject to prior claims of all persons, firms and corporations for services rendered or material supplied for the performance of the Work called for in this Contract. BONDS When he delivers the executed Contract to the Owner, the Contractor shall also deliver to the Owner such Bonds as may be required. The Contractor shall furnish a Performance and Payment Bond as security for the faithful performance and payment of all his obligations under the Construction Contract. This Bond shall be in an amount at least equal to the Contract Price, and in such form and with such sureties as are licensed to conduct business in the state where the Project is located and are named in the General Provisions - 9 ri 1 current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. If the surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business in any state where any part of the Project is located is revoked, the Contractor shall within five days thereafter substitute another Bond and surety, both of which shall be acceptable to the Owner. INSURANCE The Contractor shall not commence Work under this Contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence Work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. (1) Worker's Compensation Insurance - The Contractor shall procure and shall maintain during the life of this Contract Worker's Compensation Insurance as required by applicable state law for all of his employees to be engaged in work at the site of the Project under this Contract and, in case of any such Work sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance. In case any class of employees engaged in hazardous work on the Project under this Contract is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of him employees as are not otherwise protected. The minimum limits for such insurance shall be $100,000.00 The policy(s) shall be extended to include waiver of subrogation to the Owner. (2) Contractor's Comprehensive General Liability Insurance - For not less than the following limits of liability; Bodily Injury: . $500,000.00 each occurrence $500,000.00 aggregate Property Damage: $250,000.00 each occurrence $250,000.00 aggregate Include the following coverage: (a) Completed Operations Coverage for not less than two (2) years. (b) Blanket Contractual Liability to cover Indemnity Agreement in accordance with Paragraph (e) on the following page of the General Conditions of the Contract for Construction. (c) Waiver of all "XCU" exclusions. (d) Broad Form Property Damage and Personal Injury Liability. (e) Independent Contractor's Coverage. General Provisions - 10 (3) Contractor's Comprehensive Automobile Liability Insurance - For not less than the following limits of liability; Bodily Injury: $ 500,000.00 each person $1,000,000.00 each occurrence Property Damage: $ 100,000.00 each occurrence Include Hired car and Non -Ownership Coverage. (4) Contractor's Excess Umbrella Policy - $1,000,000.00 limit of liability policy shall be provided. (5) Indemnification - The Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor any Subcontractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (6) Builder's Risk (all-risk) Insurance - and shall maintain during the life of Risk Insurance at 100 percent (100%) o the insurable portion of the project due to blasting operations). The Subcontractors (as their interests may insured. The Contractor shall procure this Contract, Builder's All F the completed value basis on (insurance to include damage Owner, the Contractor, and appear) shall be named as the (7) Proof of Carriage of Insurance - The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the Owner." General Provisions - 11 L r The above named limits shall be operative except where, in the opinion of the Owner, the. character of the work and hazards involved warrant the establishment of greater coverage (established by letter from the Owner to the Contractor). The Contractor shall furnish the Owner with duplicate copies of all policies or certificates from insuring agencies. as evidence that these requirements have been satisfied. It shall be the entire responsibility of the Contractor to purchase and place in effect during the entire life of the Project, all insurance and bonds as applies to the Project and is requested herein. - SEQUENCE OF WORK SCHEDULE After the successful bidder has been awarded the Contract he shall, within ten (10) days, submit a bar graph depicting the schedule of work as he proposes to execute it. Said bar graph shall show each calendar day of the construction period and shall be subject to the review and approval of the Owner and the Engineer. This schedule shall also present the preliminary schedule of shop drawing submittals. PRE -CONSTRUCTION CONFERENCE Within twenty (20) days after delivery of the executed Construction Contract by the Owner to the Contractor, but before starting the Work at the site, a conference will be held to review the heretofore mentioned schedules, to establish. procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the Owner or his representative, the Engineer, Resident Project Representatives, the Contractor and his Superintendent. LANDS AND RIGHTS -OF -WAY Prior to the start of construction, the Owner shall obtain all lands and rights -of -way necessary for the carrying out and completion of the Work to be performed under this Contract. SHOP DRAWINGS AND SAMPLES Products, materials, and manufactured items or articles of like nature shall, as nearly as possible, be of one brand or manufacturer. Where a manufacturer's name is used in the Specification sheets, it shall be understood to mean "or approved equal". Substitution for the materials listed shall not be made without written approval by the Engineer. Where approved substitutions are made, it shall be the responsibility of the Contractor to adjust the design as required by the use of the alternate selection. Before any material or equipment is purchased, the Contractor shall submit to the Engineer for approval a complete list of material and equipment for installation in the work. Such list shall include catalog numbers, cuts, diagrams, drawings and such other descriptive data as may be required by the Engineer. Approval of materials and equipment will be based on the manufacturer's published data considered in conjunction with the referenced General Provisions - 12 r 1 standards. Any materials or equipment listed which are not in accordance with the specification requirements will be subject to rejection. Lists of materials and equipment shall be submitted in ample time to coordinate necessary features of construction with installation requirements. Any alterations to construction in place made necessary by reason of approval action on materials or equipment lists shall be the responsibility of the Contractor and shall be made without additional cost to the Contract Price. (a) Procedure - In processing shop drawings, the following submittal and approval procedure shall be followed: (1) A sufficient number of copies of all shop drawings shall be received by the Contractor from subcontractors or suppliers, with accompanying letters of transmittal, to allow the Engineer and Owner to retain 4 copies. (2) Contractor checks and approves (or corrects) drawings, verifying erection, job conditions and measurements. He shall stamp all drawings and forward them with his letter of transmittal, to the Engineer for approval (or correction), only when and if they meet the Contractor's approval. (3) The Engineer shall promptly check all drawings submitted; four (4) copies of the drawings are then returned, stamped, to the. Contractor accompanied by a letter of transmittal. NOTE: The Contractor shall allow not less than five (5) days for' Engineer review and approval of the submitted drawings. (4) As appropriate, drawings, brochures and equipment submittals related to any portions of the project may be forwarded immediately by the Engineer to an Associate Engineer for checking and approval (or correction); these submittals shall beo stamped, signed and returned to the Contractor, with accompanying letter of transmittal. (5) If re -submittal is required, similar procedure as above shall be followed. (b) Engineer's Stamp - The stamp of the Engineer on the returned, shop drawings shall be interpreted to mean as follows: (1) Approved - No corrections. The drawings or brochures are approved as submitted in accordance with the "design concept" provided in the Plans and Specifications. However, Engineer's approval of shop drawings shall not relieve the Contractor of the .responsibility for omissions or deviations from Contract Plans and Specifications, unless the Engineer's attention is directed to such omissions or deviations in the written submission of the shop drawings by the Contractor. The Contractor alone shall be General Provisions - 13 o Dn cn J r e responsible for all errors of fabrication, dimensions, and for the correct fitting of items shown on the shop drawings. (2) Approved as Corrected - Revise and Resubmit - Items noted for correction must not be fabricated or furnished without corrections as noted. All submissions bearing this stamp shall be resubmitted for checking and approval. (3) Disapproval - Drawing is rejected as not in accordance with the Contract requirements, or other justified reason. The submissions must be corrected and resubmitted. No items are to be fabricated or furnished under this stamp. (4) One print of each drawing and one copy of each brochure bearing the "Approved" stamp of the Engineer shall be kept at the project office, and shall be maintained in good condition. No shop drawings other than those stamped "Approved" shall be on the job for any purpose whatsoever. (c) Records - All parties are requested to maintain accurate logs or records needed to show exact transactions during the construction period, which affect them in any way. This shall include memos of verbal directions, conferences, shop drawing submittal dates and disposition, weather conditions, labor problems, etc. (d) Samples - The Contractor shall furnish samples as required in the separate sections of this Specification: (1) For factory finished material, the Contractor shall obtain complete up-to-date sample kits and deliver them to the Engineer for color selection. These samples shall cover all materials and items specified to have a colored finish and shall be furnished to the Engineer all at one time. (2) Samples of fabricated items showing detail of construction, paint finish samples, and other similar items shall be furnished in duplicate, one to be retained by the Engineer and one to be returned to the Contractor. Each sample shall bear a tag or label giving the name of the Contractor, supplier or manufacturer, the trade name of material and any other information necessary to properly identify the material. Sufficient blank space shall be left on each identifying tag for the stamp of approval or similar markings. (3) All samples shall be delivered to the Engineer's office with reasonable promptness, so as to cause no delay in the work. OPERATING MANUALS AND SPARE PARTS LISTS The Contractor shall furnish the Engineer, at least two (2) weeks prior to final acceptance of the work, three (3) complete sets of operating instructions, manuals and spare parts lists for all mechanical and electrical equipment of any type, including controls. General Provisions - 14 L I XYrn TIM J r PERMITS, LICENSES, LAWS, ORDINANCES, REGULATIONS AND TAXES The Contractor shall obtain and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. The Owner shall assist. the Contractor when necessary in obtaining such permits and licenses. The Contractor shall also pay all public utility charges. The Contractor shall give all necessary notices, shall pay all fees required by law and shall comply with all laws, ordinances, governmental rules and regulations applicable to the Work, to labor employed on the Work, and to the preservation of the public health and safety. The Contractor shall indemnify and save harmless the Owner from and against all liability with respect to penalties and/or interest that may result from non-compliance with any such laws, ordinances, governmental rules or regulations. Should the Specifications and/or the Plans be at variance with any of such permits, licenses, laws, ordinances, governmental rules or regulations, the Contractor shall promptly notify the Engineer in writing, whereupon the Owner shall make all necessary changes in the Specifications and/or the Plans. If the Contractor performs any portion of the Work which is contrary to any of such permits, licenses, laws, ordinances, governmental rules or regulations, the Contractor shall correct such portion of the Work, and the Contractor shall bear the cost of all damages arising therefrom. The Contractor shall comply with all laws, ordinances, rules, orders, and regulations relating to the protection of adjacent property, and the maintenance of passageways, guard fences or other protection facilities. The Contractor shall permit and facilitate inspection of the Work by the Owner, the City, and/or its representatives of all work during construction. The inspection work by the Owner or others shall not be construed as to relieve the Contractor of any liability for inadequate design, faulty materials, workmanship, violation of the Specifications and design criteria, codes, laws, or safety requirements. Upon completion of this project the Contractor shall obtain and deliver to, the Owner for permanent filing all necessary certificates of occupancy required by jurisdictional governmental authorities. The Contractor shall pay all sales, consumer, use and other similar taxes ,required to be paid by him in accordance with the law of the place where the Work is to be performed. INSPECTION AND TESTING All materials and equipment used in the construction of the Project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all laboratory inspection service direct, and General Provisions - 15 IYA 4 r not as a part of the Contract, except as otherwise specifically stated hereafter. The Contractor shall give the Engineer at least 24 hours notice, as to when any part of the Work will be ready for observation. No part of Saturdays or Sundays shall be counted as part of the required hours of notice. The Owner or Contractor shall be responsible for sampling and testing of materials as listed immediately hereafter: Test Type By Earth and Base Fill Compaction, Density, and Proctor Curves Owner Soil Tests Classification Owner Concrete Tests Strength and Quality Owner Mortar Test Strength Owner Pipe Test Pressure (Water and Drainage) Contractor Electrical Test Circuits and Equipment Contractor. (Capacity, Shorts, Resistance) Structural Steel Welding and Fabrication Contractor The Engineer shall be notified when a certain area or system is ready for testing. At such time as the Engineer may direct, the Contractor shall conduct an operating test for approval. The equipment shall be demonstrated to operate in accordance with the requirements of the Specifications. The tests shall be performed in the presence of the Engineer. The Contractor shall provide and maintain safe access and proper facilities for the inspection by the Engineer of all portions of the Work, including access to shops in which any portion of the Work is in preparation. If laws, ordinances, governmental rules and/or regulations require any portion of the Work to be inspected and/or tested, the Contractor shall promptly perform the inspection and/or tests so required. Where the Contractor is required, under the Specification and/or the Plans, to perform tests, the Contractor shall give timely notice to the Engineer of the readiness of the Contractor to perform each such test or inspection as stated heretofore. Should the Contractor fail to give such timely notice and/or should the Contractor cover up, without the consent of the Engineer, the portion of the Work to be so tested and/or inspected, the Contractor shall, upon request of the Engineer, uncover such portion and/or perform a retest and/or a reinspection of such portion, all at the sole expense of the Contractor. General Provisions - 16 1 r The Engineer shall have the right to order special tests not required by the Specifications and/or the Plans, whereupon the Contractor shall promptly perform such tests. If the portion of the Work so tested proves to be in accordance with the Specifications and the Plans, all costs involved in such testing shall be paid for by the Owner and if such testing delays the Work, the time within which the Work is to be completed shall be extended by a mutually agreed to period of time. If the portion of the Work so tested, however, proves to be not in accordance with the Specifications and the Plans, all costs involved in such testing shall be paid for by the Contractor and the time within which the Work is to be completed shall be extended by a mutually agreed to period of time. Neither observations by the Engineer nor the inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the requirement of the Plans and Specifications. DEFECTIVE WORK If the work is defective, or the Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, the Engineer may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. If required by the Engineer prior to approval of final payment, the Contractor shall promptly, without cost to the Owner and as specified by the Engineer, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by the Engineer, remove it from the site and replace it with nondefective Work, whether or not fabricated, installed or completed, or if the Work has been rejected by the Engineer, remove it from the site and replace it with nondefective Work. If the Contractor does not correct such defective Work'or remove and replace such rejected Work within a reasonable time, all as specified in a written notice from the Engineer, the Owner may have the deficiency corrected or the rejected Work removed and replaced. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by the Contractor, and an appropriate deductive Change Order shall be issued. The Contractor shall also bear the expenses of making good all Work of others destroyed or damaged by his correction, removal or replacement of his defective Work. If, instead of requiring correction or removal and replacement of defective Work, the Owner (and, prior to approval of final payment, also the Engineer) prefers to accept it, he may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revisions in the Plans and Specifications, including appropriate reduction in the Contract Price; or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by the Contractor to the Owner. General Provisions - 17 iivri&P8 If, after the approval of final payment and prior to the expiration of one year after the date of completion, any Work is found to be defective, the Contractor shall promptly, without cost to the Owner and in accordance with the Owner's written instructions, either correct such defective Work; or, if it has been rejected by the Owner, remove it from the site and replace it with nondefective Work. If the Contractor does not promptly comply with the terms of such instructions, the Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by the Contractor. COMPLETION, FINAL INSPECTION, AND ACCEPTANCE The Contractor shall notify the Engineer and the Owner ten (10) days prior to the date on which final inspection of the Work is to be made and shall give notification only if all work is completed. It shall be the duty of the Engineer to determine when the Work is complete and the contract fulfilled, and to recommend its acceptance by the Owner. CHANGES IN THE WORK Without invalidating the Construction Contract, the Owner may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by written Change Orders. Upon receipt of a Change Order, the Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Plans and Specifications. If any Change Order causes an increase or decrease •in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made. The Engineer may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Plans and Specifications. These may be accomplished by a field order. If the Contractor believes that any minor change or alteration authorized by the Engineer entitles him to an increase in the Contract Price, he may make a claim therefore. Additional Work performed by the Contractor without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency. In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer or the Owner, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the Engineer prompt written notice of any significant changes in the Work or deviations from the Plans and Specifications caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If the Contractor believes that additional work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the General Provisions - 18 L J r Contract Price or an extension of the Contract Time, he may make a claim therefore. The Owner shall execute appropriate Change Orders prepared by the Engineer covering changes in the Work to be performed, Work performed in an emergency, and any other claim of the Contractor for a change in the Contract Time or the Contract Price which is approved by the Engineer. - It is the Contractor's responsibility to notify his Surety of any changes affecting the general scope of the Work or change in the Contract Price and the amount of applicable Bonds shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the Owner. CHANGES IN CONTRACT PRICE The Contract price as set forth in the Construction Contract may only be changed by a written Change Order. Any claim for an increase in the Contract Price shall be based upon written notice delivered to the Owner in and the .Engineer within fifteen days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five days of such occurrence unless the Engineer allows an additional period of time to ascertain accurate cost data. All claims for adjustments in the Contract Price shall be determined by the Engineer if the Owner and the Contractor cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated into a written Change Order. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: (a) Where the Work involved is covered by unit prices contained the Contract Documents, by application of unit prices to the quantities of the items involved. (b) By mutual acceptance of a lump sum. (c) On the basis of the Cost of the .Work plus overhead and profit. The term "Cost of the all costs necessarily incurred and paid. by proper performance of the Work. Except as to in writing by the Owner, such costs shall than those prevailing in the locality of include only the following items: (1) Payroll costs for employees in the Contractor in the performance of the Work classifications agreed upon by the Owner and a Contractor's Fee for Work" means the sum of the Contractor in the otherwise may be agreed be in amounts no higher the Project and shall direct employ of the under schedules of job the Contractor. General Provisions - 19 1T A E8£4�h'i°pE J C (2) Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportion and storage thereof, and manufacturers' field services required in connection therewith. (3) Payments made by the Contractor to the Subc performed by the Subcontractors. (If required Contractor shall obtain competitive bids from acceptable to him and shall deliver such bids to then determine, with the advice of the Engineer, acceptable. ontractors for work by the Owner, the the Subcontractors the Owner who will which bids will be (4) Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, lawyers and accountants) employed for services specifically related to the Work. (5) The proportion of necessary transportation, traveling and subsistence expenses of the Contractor's employees incurred in discharge of duties connected with the Work. - (6) Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property .of the Contractor. (7) Rentals of all construction equipment and machinery and the parts thereof whether rented from the Contractor or others in accordance with rental agreements approved by the Owner with the advice of the Engineer, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof --all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. (8) Sales, use or similar taxes related to the Work, and for which the Contractor is liable, imposed by any governmental authority. (9) Deposits lost for causes other than the Contractor's negligence, royalty payments and fees for permits and licenses. (10) Losses, damages and expenses, not compensated by insurance or otherwise, sustained by the Contractor in connection with the execution of, and to, the Work, provided they have resulted from causes other than the negligence of the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. (11) The cost of utilities, fuel and sanitary facilities at the site. General Provisions - 20 J r 1 (12) Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. The term "Cost of the Work" shall not include any of the following: (a) Payroll costs and other compensation of the Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by the Contractor whether at the site or in his principal or a branch office for general administration of the Work, all of whom are to be considered administrative costs covered by the Contractor's Fee. (b) Expenses of the Contractor's principal and branch offices other than his office at the site. (c) Any part of the Contractor's capital expenses, including interest on the Contractor's capital employed for the Work and charges against the Contractor for delinquent payments. (d) Cost of premium for all bonds and for all insurance policies whether or not the Contractor is required by the Contract Documents to purchase and maintain the same. (e) Costs due to the negligence of the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials, or equipment wrongly supplied and making good any damages to property. (f) Other overhead or general expense costs of any kind. The Contractor's Fee which shall be allowed to the Contractor for his overhead and profit shall be determined as follows: (a) a mutually acceptable fixed fee; or if none can be agreed upon, (b) a fee based upon ten percent (10%) of items (a), (b), and (c) included under the term "Cost of the Work". The amount of credit to be allowed by the Contractor to the Owner for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. The Contractor's administrative costs for processing the decrease will not be credited to the Contractor. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. General Provisions - 21 1 ►I s'srMM'`flp8 I. r Whenever the cost of any Work is to be determined by the "Cost Plus" method, the Contractor will submit in form acceptable the Engineer an itemized cost breakdown together with supporting data. OVERTIME WORK As used in this Contract, "overtime work" shall be.all labor hours worked per man which are required, by applicable custom of the trade, union contract or law, to be paid at a premium hourly rate not less than time and one half the basic straight time hourly rate for the work performed. The amount above such basic straight time hourly rate shall be considered the premium for such overtime work. Overtime work requested or authorized by the Owner in writing shall be performed by the Contractor and the Owner shall, except in the case of changes performed under "COST PLUS A FEE CHANGES", reimburse the Contractor for only (a) the premium portion of the payments made for performing such overtime work and (b) with respect to such premium portion only, any other required payments to or for the benefit of employees and any applicable insurance premiums and payroll taxes. Overtime work performed at the Contractor's election but without the written authorization of the Owner and overtime work, if any, required under other provisions of this Contract shall be performed at the Contractor's sole expense. Casual overtime work required by the nature of the Work shall be performed at the Contractor's sole expense. CHANGES IN CONTRACT TIME AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified, in the Contract of the work to be done hereunder are essential conditions of this Contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the NOTICE TO PROCEED. The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the Work described in the PROPOSAL is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the Contractor shall neglect, fail, or refuse to complete the Work within the time herein specified, or any proper extension thereof granted by the Owner, then•the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay to the Owner the amount specified in the Contract, if any, for each and every calendar day that the Contractor shall be in the default after the time stipulated in the contract for completing the work. General Provisions - 22 p r►rw'4K8 8 r The said amount is fixed and agreed upon by and between the Contractor and the Owner realizing the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any Work, the new time limit fixed by such extension shall be of the essence of this Contract. PROVIDED, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Engineer. The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to the Owner and the Engineer within seven (7) days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within thirty (30) days of such occurrence unless the Engineer allows an additional period of time to ascertain more accurate data.. All claims for adjustment in the Contract Time shall be determined by the Engineer if the Owner and the Contractor cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated into a Change Order. The delays b provided acts or floods, God. Contract Time w•, eyond the contro in heretofore. neglect by any labor disputes, 11 be extended in an amount equal to time lost due to of the Contractor if he makes a claim therefore as Such delays shall include, but not be restricted to, separate contractor employed by the Owner, fires, epidemics, abnormal weather conditions, or acts of NEGLECTED WORK If the Contractor should fail to prosecute the Work in accordance with the Plans and Specifications, including any requirements of the progress schedule, the Owner, after seven days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and the cost thereof (including compensation for additional professional services) shall be charged against the Contractor if the Engineer approves such action, in which case a Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. PROGRESS PAYMENTS About the first day of the month, the Contractor shall submit to the Engineer for review an Application for Payment filled.out and signed by the General Provisions - 23 rwi J r Contractor covering the Work completed as of the date of the Application and accompanied by such data and schedules as the Engineer may reasonably require. Unless otherwise specifically stated in the Detailed Specifications, or clarified by the Owner prior to approval of the Contract, the Owner shall pay to the Contractor ninety percent (90%) of the amount of such estimated value of materials furnished and work done during said previous calendar month. After fifty percent (50%) of the project has been completed, the amount retained may be reduced to five percent (5%) of the project has been completed, the amount retained may be reduced to five percent (5%), provided reasonable cause cannot be shown for a greater retainage. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or another location agreed to in writing, the Application for Payment shall also be accompanied by such data, satisfactory to the Owner, as will establish the Owner's title to the material and equipment and protect his interest therein, including applicable insurance. Each subsequent Application for Payment shall include an affidavit of the Contractor stating that all previous progress payments received on account of the Work have been applied to discharge in full all of Contractor's obligations reflected in prior Applications for Payment. The Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the Owner at the time of payment free and clear of all liens, claims, security interests and encumberance. The Engineer will, within ten days after receipt of each Application for Payment, either indicate in writing his approval of payment and present the Application to the Owner, or return the Application to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application. The Owner shall, within ten days of presentation to him of an approved application for payment, pay the Contractor the amount approved by the Engineer. By approving any such payment the Engineer will not thereby be deemed to have represented that he made exhaustive or continuous on -site inspections to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences, and procedures of construction, or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys paid or to be paid to him on account of the Contract Price, or that title to any Work, materials, or equipment has passed to the Owner free and clear of any liens. The Engineer may refuse to approve the whole or any part of any payment if, in his opinion, it would be incorrect to make such representations to the Owner. He may also refuse to approve any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously approved to such extent as may be necessary in his opinion to protect the Owner from loss because: (a) The Work is defective, or completed Work has been damaged requiring correction or replacement; General Provisions - 24 J r (b) Claims or Liens have been filed or there is reasonable cause to believe such may be filed; (c) The Contract Price has been reduced because of Modifications; (d) The Owner has been required to correct defective Work or complete the Work; or (e) Of unsatisfactory prosecution of the Work, including failure to furnish acceptable submittals or to clean up. FINAL ESTIMATE AND PAYMENT Prior to final payment, the Contractor may, in writing to the Owner and the Engineer, certify that the entire Project is substantially complete and request that the Engineer issue a certificate of Substantial Completion. Within a reasonable time thereafter, the Owner, the Contractor and the Engineer shall make an inspection of the Project to determine the status of completion. If the Engineer does not consider the Project -substantially complete, he will notify the Contractor in writing giving his reasons therefore. If the Engineer considers the Project substantially complete, he will prepare and deliver to the Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion and the responsibilities between the Owner and the Contractor for maintenance, heat and utilities. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment, and the certificate shall fix the time within which such items shall be completed or corrected, said time to within the Contract Time. The Owner shall have seven days after receipt of the tentative certificate during which he may make written objection to the Engineer as to any provisions of the certificate or attached list. If, after considering such objections, the Engineer concludes that the Project is not substantially complete, he will within fourteen days after submission of the tentative certificate to the Owner notify the Contractor in writing, stating his reasons therefore. If, after consideration of the Owner's objections, the Engineer considers the Project substantially complete, he will within said fourteen days execute and deliver to the Owner and the Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believed justified after consideration of any objections from the Owner. The Owner shall have the right to exclude the Contractor from the Project after the date of Substantial Completion, but the Owner shall allow the Contractor reasonable access to complete or correct the items. on the tentative list. Prior to final payment, the Owner may request the Contractor in writing to permit him to use a specified part of the Project which he believes he may use without significant interference with construction of the other parts of the Project. If the Contractor agrees, he will certify to the Owner and the Engineer that said part of the Project is substantially complete and request General Provisions - 25 J ►Ti's s^'$. 11`PE r 1 the Engineer to issue a certificate of Substantial Completion for that part of the Project. Within a reasonable time thereafter the Owner, the Contractor, and the Engineer shall make an inspection of that part of the Project to determine its status of completion. If the Engineer does not consider it to be substantially complete, he will notify the Owner and the Contractor in writing giving his reasons therefore. If the Engineer considers that part of the Project to be substantially complete, he will execute and deliver to the Owner and the Contractor a certificate to that effect, fixing the date of Substantial Completion as to that part of the Project, attaching thereto a tentative list of items to be completed or corrected before final payment and fixing the responsibility between the Owner and the Contractor for maintenance, heat and utilities as to that part of the Project. The Owner shall have the right to exclude the Contractor from any part of the Project which the Engineer has so certified to be substantially complete, but the Owner shall allow the Contractor reasonable access to complete or correct the items on the tentative list. Upon written notice from the Contractor that the Project is -complete, the Engineer will make a final inspection with the Owner and the Contractor and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The Contractor shall immediately take such measures as are necessary to remedy this deficiencies. After the Contractor has completed all such corrections to the satisfaction of the Engineer and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection and other documents --all as required by the Specifications, he may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by such data and schedules as the Engineer may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of the Plans and Specifications and the labor and services performed and the material and equipment furnished thereunder. In lieu thereof and as approved by the Owner, the Contractor may furnish receipts or releases in.full; an affidavit of the Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If, on the basis of his observation and review of the Work during construction, his final inspection and his review of the final Application for Payment, all as required by the Plans and Specifications, the Engineer is satisfied that the Work has been completed and the Contractor has fulfilled all of his obligations under the Plans and Specifications, he will, within ten days after receipt of the Final Application for Payment, indicate in writing his approval of payment and present the Application to the Owner for payment. Thereupon the Engineer will give written notice to the Owner and the General Provisions - 26 t riwi r Contractor that the Work is acceptable. . Otherwise, he will return the Application to the Contractor; indicating in writing his reasons for refusing to approve final payments, in which case the Contractor shall make the necessary corrections and resubmit the Application. The Owner shall, within ten days of presentation to him of an approved final Application for Payment, pay the Contractor the amount approved by the Engineer. If after Substantial Completion of the Work final completion thereof is materially delayed through no fault of the Contractor, and the Engineer so confirms, the Owner shall, upon certification by the Engineer, and without terminating the Agreement, make payment of balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated heretofore, and if Bonds have been furnished as required heretofore, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The Contractor's obligation to perform the Work and complete the Project in accordance with the Plans and Specifications shall be absolute. Neither approval of any progress or final payment by the Engineer, nor the issuance of a certificate of Substantial Completion, nor any payment by the Owner to the Contractor under the Plans and Specifications, nor any use or occupancy of the Project or any part thereof by the Owner, nor any act of acceptance by the Owner nor any failure to do so, nor any correction of defective work by the Owner shall constitute an acceptance of Work not in accordance with the Plans and Specifications. The making and acceptance of final payment shall constitute a waiver of all claims by the Owner against the Contractor other than those arising from unsettled Liens, from defective work appearing after final inspection, or from failure to comply with the requirements of the Plans and Specifications or the terms of any special guarantees specified therein, and a waiver of all claims by the Contractor against the Owner other than those previously made in writing and still unsettled. Where part of the monies for construction of the project is being obtained by grant or loan from Federal agencies, such as often 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 period, as is the case when the Owner has all necessary monies on hand. GUARANTEES FOR MATERIALS, EQUIPMENT AND WORKMANSHIP The Contractor hereby warrants that all materials and equipment furnished for the Work and all portions of the Work: General Provisions - 27 J r (a) Shall be new unless otherwise authorized by .the Owner in writing; (b) Shall conform to the Specifications and to the Plans and shall be of the best quality if no other quality is specified; (c) Shall be fit for the particular purposes for which they are required; and (d) Shall be free from all defects in materials and workmanship until the expiration of twelve (12) months after the Date of Substantial Completion in the case of materials, equipment and portions of the Work which have been incorporated into, or performed •on, the Work by the Contractor on or before the Date of Substantial Completion thereof and the date of the Owner's acceptance of the work in the case of materials, equipment and portions of the Work which have been incorporated into, or performed on, the Work by the Contractor subsequent to the Date of Substantial Completion thereof; provided however, that the Contractor shall not be liable for any failure which result solely from improper operation or maintenance on the Owner's part or which are due solely to normal wear and tear The Contractor further warrants that all equipment designed and manufactured by others than the Contractor which the Contractor purchases for the Work shall be specified so as to conform to the Specifications and to the Plans and shall be fit for the particular purposes for which they are required. The Contractor hereby agrees that, upon receiving written notice from the Owner, he will at such reasonable time as is specified in such notice repair, or remove from the Construction Site and replace any and all materials, equipment and portions of the Work which fail to meet any warranty applicable thereto under these provisions; provided the Owner so notifies the Contractor within a reasonable time after such failure becomes known to the Owner and makes the Work available for such repair or removal and replacement. The Contractor hereby agrees that in the event any failure of any of the materials, equipment or portions of the Work to meet any warranty applicable thereto under these provisions becomes known to him, he will notify the Owner promptly of such failure. Neither failure of the Engineer to discover or reject materials or Work not in accordance with the Plans and Specifications, nor approval of the Engineer of any Work or materials, nor payment, nor partial or entire occupancy of the premises, nor use of the equipment by the Owner shall be construed as an acceptance of Work or materials which are not strictly in accordance with the Plans and Specifications or a waiver of defects therein. The Owner shall give to the Contractor prompt notice of observed defects. All questions arising under this Article shall be decided by the Engineer, subject to arbitration as provided herein. General Provisions - 28 J ARBITRATION Either the Owner or the Contractor may demand arbitration with respect to any such claim, dispute or other matter that has been referred to the Engineer, except any which have been waived by the making or acceptance of final payment. However, no demand for arbitration of any such claim, dispute or other matter shall be made until the earlier of the date on which the Engineer has rendered his decision or the tenth day after the parties have presented their evidence to the Engineer if he has not rendered his written decision before that date. No demand for arbitration shall be made later than thirty days after the date on which the Engineer, rendered his written decision in respect of the claim, dispute or other matter as to which arbitration is sought; and the failure to demand arbitration within said thirty day period shall result in the Engineer's decision being final and binding upon the Owner and the Contractor. If the Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but shall not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. The Contractor will carry on Work and maintain the progress schedule during any arbitration proceedings, unless otherwise agreed by him and the Owner in writing. OTHER CONTRACTORS The Owner may perform additional work related to the Project by himself, or he may let other direct contracts therefore similar to this one. The Contractor shall afford the other contractors who are parties to such direct contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate his Work with theirs. If any part of the Contractor's Work depends on proper execution or results upon the Work of any such other contractor (or Owner), the Contractor shall inspect and promptly report to the Engineer in writing any defects or deficiencies in such Work that render it unsuitable for such proper execution and results. His failure to so report shall constitute an acceptance of the other Work as fit and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other Work after the execution of this Work. The Contractor shall do all cutting, fitting and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other Work. The Contractor shall not endanger any Work of others by cutting, excavating or otherwise altering their Work and will only cut or alter their Work with the written consent of the Engineer and of the other contractors whose Work will be affected. If the performance of additional Work by other contractors or the Owner is not noted in the Plans and Specifications prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to General Provisions - 29 ryro starting any such additional Work. If the Contractor believes that the performance of such additional Work by the Owner or. other involves him in additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore. PATENT FEES AND ROYALTIES. The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of'the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified for use in the performance of the Work and if to the actual knowledge of the Owner or the Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights 'shall be disclosed by the Owner in the Specifications. The Contractor shall indemnify and hold harmless the Owner and the Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of -patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Plans and Specifications, and shall defend all such claims in connection with any alleged infringement of such rights. UNPATENTED DISCLOSURES TO THE OWNERS Except as otherwise agreed to in writing by the Owner, the Owner shall not have any obligation or liability with respect to or arising out of the Owner's receipt of and/or the Owner's use and/or disclosure of, any and all unpatented inventions, technical information, know-how, data, documents, drawings, prototypes and models which are at any e disclosed or furnished to the Owner by or on behalf of the Contractor or any of the vendors or subcontractors, in connection with this Contract or in connection with the subject matter of this Contract. TERMINATION OF-THE.CONTRACT BY THE OWNER If the Contractor is adjudged bankrupt or insolvent, or if a trustee or receiver is appointed for the Contractor or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials, or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of the Engineer, or if he otherwise violates any provision of the Plans and Specifications, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety seven days written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish the Work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the General Provisions - 30 r unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner. Such costs incurred by the. Owner shall be determined by the Engineer and incorporated into a Change Order. Where the Contractor's services have been so terminated by the Owner, said terminations shall hot affect any rights of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from liability. Upon seven days written notice to the Contractor and the Engineer, the Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Construction Contract. In such case, the Contractor shall be paid for all Work executed and any expense sustained plus a reasonable profit. - TERMINATION OF THE CONTRACT BY THE CONTRACTOR If, through no act or faith of the Contractor, the Work is suspended for a period of more than ninety days by the Owner or under an order of court or other public authority, or the Engineer fails to act on any Application for Payment within thirty days after it is submitted, or the Owner fails to pay the Contractor any sum approved by the Engineer or awarded by arbitrators within .thirty days of its approval and presentation, then the Contractor may, upon seven days written notice to the Owner and to the Engineer, terminate the Construction Contract and recover from the Owner payment for all work executed and any expense sustained plus a reasonable profit. In addition and in lieu of terminating the Construction Contract, if the Engineer has failed to act on an Application for Payment or the Owner has failed to make any payment as aforesaid, the Contractor may upon seven days notice to the Owner and the Engineer, stop the Work until he has been paid all amounts then due. TEMPORARY FACILITIES (a) Field Office - The Contractor shall furnish heated space with plan table, record storage, etc., plus adequate material and tool storage sheds at the construction site. The Contractor shall provide, in connection with his office, space for use by the Engineer. For this space he shall furnish heat, light, a counter 30" x 60" (min.) and facilities for storing plans, shop drawings and samples. (b) Telephone - The Contractor shall furnish and pay for a job telephone with outside bell. This telephone shall be available to all subcontractors for local calls. (c) Utilities for Construction - The Contractor shall arrange and pay for all gas, water, and electrical power used by him. He shall provide heat, at his own expense, as necessary for all areas. Electrical service connections shall be provided at the site by the General Provisions - 31 r Contractor for the purpose of field office lighting and any temporary lighting and power requirements for construction purposes. The Contractor shall determine the location of the existing electrical connection; shall make all temporary connections; provide all necessary extensions thereto, and shall remove all temporary connections and extensions at the completion of the Work. The Contractor shall provide his own facilities for compressed air supply and steam. Temporary utilities of all kinds shall be removed promptly after their use has been discontinued, unless otherwise approved by the Owner. (d) Sanitary Facilities - The Contractor shall furnish approved chemical type toilets at the construction site for use of all workmen on the job. Toilets shall be removed at the completion of the Work. Toilets will be maintained in a sanitary condition and will be removed by him upon completion of the Work. (e) Drinking Water - The Contractor shall furnish potable drinking water and disposable cups at the job site. The drinking arrangement shall comply with applicable requirements of the Arkansas State Health Department. (f) Protection from Weather - The Contractor shall protect all incompleted walls with suitable coverings during rain or snow. He shall make provisions to drain water away from the building at all times and shall in every way protect the building, work, and materials from damage or unnecessary wettings. (g) Bracing, Enclosures, F properly and completely during the construction protection of materials enclosures, temporary openings of the building rotection, Etc. - The Contractor shall brace all parts of the work as necessary of the building. When necessary for the or work, the Contractor shall erect sheds, barricades, or temporarily enclose the to the satisfaction of the Engineer. (h) Sewers, Drainage, Etc. - The Contractor shall incorporate temporary measures as necessary to prevent mud, plaster, cement, concrete and other building materials from getting into the sewer or other permanent piping during the construction period, and he shall do all plumbing, bailing and drainage of all water that may accumulate within the work area during the entire period of construction. He shall clean out any sewers or pipes that may become clogged due to negligence or failure on his part to comply with this provision. (i) Roadways - The Contractor shall use established roadways where practical and when it is necessary to cross curbings, sidewalks or railroad tracks, protection against damage shall be provided by the Contractor. Any roads, curbing, sidewalks or railroad trackage damaged by the Contractor's work shall be repaired at the expense of General Provisions - 32 T Vii s'0 2'8 WIV r \7 the Contractor. Wherever existing roadways or sidewalks are cut for trenches in the Work, the Contractor shall provide and maintain safe and proper passage for the usual traffic over such cuts or trenches, by bridges blocking, planking, or other satisfactory methods. (j) Storage and Working Areas - Storage areas will be provided for the storage of the Contractor's materials and equipment, and he shall confine his materials, equipment and operations of his workmen to such limits as indicated by the Owner, and shall not unreasonably encumber the premises. No workmen shall trespass within other areas or buildings of the Owner than those related to the work of this Contract and the Contractor shall rigidly enforce this regulation. Any materials, equipment or temporary structures belonging to the Contractor shall be moved when so directed by the Engineer to permit the execution of Work by others in connection. with the Project. Materials shall be stored so as to insure the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wood platforms and covered, or stored in a suitable building as directed by the Engineer. Stored materials shall be located so as to facilitate prompt inspection. SANITARY REGULATIONS In general, the operations of the Contractor shall be in full conformity with all of the rules and regulations of boards and bodies having jurisdiction with respect to sanitation. Necessary sanitary provisions for the use of the laborers on the work, convenient and properly secluded from observation, shall be erected and maintained by the Contractor in such manner and at such points as shall be approved. The use of such conveniences shall be strictly enforced so there will be no trespassing on private property. These places shall be kept in as good sanitary practices as often as may be necessary to prevent a nuisance. USES OF THE PREMISES The Contractor shall confine his equipment, the storage of materials and equipment and the operations of his workmen to areas permitted by law, ordinances, permits, or the requirements of the Plans and Specifications, and shall not unreasonably encumber the premises with materials or equipment. The Contractor shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall he subject any part of the Work to stresses or pressures that will endanger it. CLEANING UP Frequent clean-up shall be required of the Contractor to insure that good housekeeping procedures are observed and as a safety precaution. Maximum clean-up intervals shall not exceed one week, with more frequent clean-up to be required, if so directed by the Owner or the Engineer. General Provisions - 33 I v i 215 A''£UR J r The Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work, and at the completion of the Work he shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by the Owner. The Contractor shall restore to their original condition those portions of the site not designated for alternation by the Plans and Specifications. DIVERTING AND BLOCKING TRAFFIC The Contractor may close streets to traffic as may be necessary for the expeditious handling of the Work, but only where traffic may be conveniently routed over other open streets and public ways; provided, however, that no street or public way shall be closed to traffic for a longer period of time that is necessary for the construction of the Work involved and then only upon the approval of the Engineer and the City. Proper signs shall be erected to facilitate the flow of traffic over the detour route. When excavation work is carried on in any highway right-of-way, the contractor shall make provisions for handling and re-routing traffic as required by the Highway Department. If construction work is delayed beyond a reasonable period of time, bridges shall be constructed. EXPLOSIVES AND BLASTING Explosives required for blasting shall be of suitable and acceptable character, and the quantity kept on the job and the storage of same shall be in accordance with the State laws and local ordinances. The magazine or locker shall be so constructed as to be secure from theft and kept locked at all times with the key in possession of the Contractor or foreman. No explosives or caps shall be stored in the common tool box or within two hundred (200) feet of the nearest point of blasting. Proper appliances and equipment shall be used for thawing frozen dynamite, and this shall not be done within two hundred (200) feet of Work or any occupied building. All blasting operations shall be conducted with the greatest care and adequate means shall be taken to prevent damage or injury to property or persons. When working near dwellings, the Contractor shall provide suitable covering to prevent the throwing of pieces of rock. WATERWAYS Present natural and artificial waterways shall be left open to flow freely. Temporary dams or by-passes shall be provided when found necessary or ordered by the Engineer. LOCATIONS OF FACILITIES The locations of the proposed pipe lines, valves, fittings, manholes, etc., as shown on the Plans are for general information only unless otherwise marked on the drawing. The exact location of each shall be designated by the Engineer at the time work is started, after giving due consideration to the local conditions. The Engineer shall set stakes accordingly, and the Contractor shall install the Work at the designated locations. General Provisions - 34 J r DAMAGE TO EXISTING FACILITIES The Contractor and/or Subcontractor hereunder (themselves) as to the location of all underground and and utilities in or near the site. They shall be damage to all improvements and lands, whether the hereunder, or others, caused by the Contractor's personnel, equipment, or operation. shall satisfy himself above -ground facilities continually liable for property of the Owner, and/or Subcontractor's SAFETY AND SECURITY The Contractor shall comply with, and shall cause its employees and all subcontractors to abide by, all safety and security laws, rules and regulations in force at the Construction Site. The provisions of the latest edition of the "Manual of Accident Prevention in Construction" published by Associated General Contractors of America, Inc., dealing with safe practices pertaining to construction work shall be deemed to be in force at the Construction Site to the extent they do not conflict with such laws, rules, and regulations. The Engineer and the Owner will assume no liability concerning the Contractor's safety practices, as safety on the Project will be the sole responsibility of the Contractor. REPORTING OF ACCIDENTS The Contractor shall submit a written report to the Engineer of any accident or injury occurring at the Construction Site. FIRE PROTECTION The Contractor will provide the necessary fire extinguishers and will instruct the men in their use. The Contractor will also instruct his men in the method for sounding a fire alarm. Fire hydrants, fire hoses, and fire extinguishers shall not be used for any purpose except to fight fires. Flammable materials such as paints, resins, thinners, gasoline, naphtha, acetone, and alcohol shall be stored in safe containers and handled safely. PROTECTION AND SAFEGUARDS OF WORK The Owner will not provide protection services for any Work performed under this Contract. The Contractor shall be responsible for safeguarding all construction Work, materials, tools, and equipment until construction is completed and released to the Owner by the Contractor. The Contractor shall ascertain, provide for, and abide by all of the requirements set forth in Chapter XXI, Southern Standard Building Code, in its latest edition. CUTTING, PATCHING, AND REPAIRS All damage done to existing facilities that are to remain shall be repaired by the Contractor at his own expense and to the satisfaction of the Owner. The Contractor shall be responsible for all cutting, fitting, or patching of his Work to make the various parts to properly fit, be received or receive other work in order to conform to the Plans and Specifications. General Provisions - 35 Ti 2"8k44 L8 I. r Permission not a waiver replacement of repairing does Work. to patch or repair any damaged areas or items of the Work is of the Engineer's right to require complete removal and the Work, if, in the Engineer's opinion, the patching or not satisfactorily restore the quality and/or appearance of the The Contractor shall check the location of all sleeves, openings, slots for all the piping, ducts, breeching, conduits, louvers, grilles and fans as they are laid out on the site of the Work. Provision for openings, holes and clearances through walls, beams, floors, ceilings, and partitions shall be made and checked by the Contractor and/or his subcontractors in advance of constructing such parts of the Work, and all unnecessary or dangerous cutting avoid. ALTERATIONS TO PUBLIC UTILITIES Any changes to public utilities required for the execution of the Work shall be made by the respective utility company. The Contractor shall give the public utilities sufficient notice for adjusting their structures, so as not to hinder or delay the Work. No extra compensation will be paid due to delays caused by removal or adjustment of public utility structures. EQUIPMENT NAMEPLATES All manufacturer's nameplates on equipment items are to be kept visible and are not to be obscured by other equipment or piping nor are they to be covered by any paint or insulating material. INSTALLATION OF EQUIPMENT Where building openings are too small to permit the passage of an assembled unit of equipment, it shall be assembled at its permanent location unless otherwise specifically shown or specified. The Contractor shall cooperate with other contractors and the Owner to facilitate the installation of large units of equipment before the building or area is closed. OWNERSHIP OF ENGINEERING DATA All Specifications, Plans and copies thereof furnished by the Engineer shall remain his property. They shall not be used on another Project, and, with the exception of those sets which have been signed in connection with the execution of the Construction Contract shall be returned to him on request upon completion of the Project. AS -BUILT DRAWINGS The Contractor shall keep one record copy Addenda, Modifications, and Shop Drawings at annotated to show all changes made during the shall be available to the Engineer and shall be prior to final acceptance of the Project. of all Specifications, Plans, the site in good order and construction process. These delivered to him for the Owner General Provisions - 36 J r PUBLICITY No information relative to the Work shall be released by the Contractor, either before or after completion of the Work, for publication or for advertising purposes without the prior written consent of the Owner and the Engineer. MODIFICATIONS AND WAIVERS No change in, addition to, or waiver of any of the provisions of the Construction Contract shall be binding upon either Party unless in writing signed by an authorized representative of such Party.. No waiver by either Party of any breach of the other Party of any of .the provisions of the Construction Contract shall be construed as a waiver of any subsequent breach, whether of the same or of a different provision of the Construction Contract. ABBREVIATIONS FOR REFERENCE SPECIFICATIONS AND CODES The following are abbreviations used to identify associations, institutes, societies, laboratories, codes, etc. whose specifications, codes, sets of rules, etc. may be included in these specifications by reference: AASHO American Association of State Highway Officials ACI American Concrete Institute AGA American Gas Association AISI American Iron and Steel Institute AISC American Institute of Steel Construction ANSI American National Standards Institute APA American Plywood Association ASA American Standards Association ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineering ASME American Society of Mechanical Engineers ASTM The American Society for Testing and Materials AWS American Welding Society AWG American Wire Gauge AWWA American Water Works Association CS Commercial Standard (U.S. Department of Commerce) FS Federal Specifications IEEE Institute of Electrical and Electronic Engineers NAAMM National Association of Architectural Metal Manufactures NEC The National Electrical Code NEMA The National Electrical Manufacturers Association NFPA National Fire Protection Association NSF National Sanitation Foundation OSHA Occupational Safety and Health Act SJI Steel Joist Institute UL Underwriters Laboratories, Incorporated SBC Standard Building Code WCLA West Coast Lumberman's Association General Provisions - 37 J ►7i.4k,%`f�E r 1 STANDARDS Materials or processes for which ASTM standards have been adopted shall, unless in conflict with specified requirements, meet the requirements of the latest edition of the ASTM standards. Where a specified material is followed by a reference to a specification, standard, test method or code such as "ASTM C150", "ASA Code", etc., it shall be understood to mean that the material shall meet the requirements of the referenced specification, standard, test method or code; and, except where a specific edition is referred to, it shall be understood that the latest edition including additions and/or amendments thereto, as of the date the Contract is awarded, shall apply to Work under this Contract. CERTIFICATES Where ASTM, ACI, ASA, Federal Specifications, or other specifications, set of rules, etc are included in these specifications by reference to establish quality, performance expected, test methods to be used, or recommended practices, the Contractor may be required to furnish a certificate stating that the material furnished or method used complies with requirements referred to. The certificate, when required, shall be sworn to not only by the Contractor but by other parties involved (i.e. manufacturer's authorized representative, supplier, subcontractor, etc.). "OR EQUAL" CLAUSE Whenever a material or article required is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor, any material or article which will perform adequately the duties imposed by the general design may be considered equal and satisfactory providing the material or article so proposed is of equal substance and function in the Engineer's opinion. It shall not be purchased or installed without his written approval. General Provisions - 38 Vi oR e6Wh1' #8 J I' GENERAL SPECIFICATIONS ►ITaWi PR r I DETAILED SPECIFICATIONS J Pr GENERAL SPECIFICATIONS CONCRETE MATERIALS All material furnished and used by the Contractor in the construction of this work shall conform to the requirements set forth in the following standards: 1. A.S.T.M. Specification C -33-78a, Concrete Aggregates - The coarse aggregate shall be size 57, 1 inch to No. 4 in gradation. 2. A.S.T.M. Specification C -150-76a, Portland Cement - Type I or IA or II or IIA are applicable to this -job. 3. A.S.T.M. Specification C -94-74a, Ready Mix Concrete 4. Materials shall be proportioned properly and the compressive strength of the concrete and cement content shall be as follows: Class of Concrete 28 Day Strength Min. Cement Content A 3,000 psi 5 sacks/C.Y. S 4,000 psi 6 sacks/C.Y. B 2,500 psi 5 sacks/C.Y. All concrete shall have a slump no greater than 4 inches. All concrete structures containing water shall have an air entraining admixture or shall be made using air entrained Portland Cement. Materials to be used in the project shall be approved by the Engineer. The Contractor shall furnish samples of the materials to an approved testing laboratory for testing and recommended mix design for approval by the Engineer before any concrete is placed and at 6 -month intervals thereafter, for the duration of the project. TESTING In addition to the testing of the concrete ingredients mentioned above, tests shall be made of the finished concrete as placed on the project. Three concrete cylinders will be made by the Engineer,, from each day's pour. In the event more than 50 cubic yards are poured at one time, three cylinders shall be made for the first 50 cubic yards and three for each subsequent 50 cubic yards or increments thereof. From each set of three cylinders, one shall be tested by a laboratory at seven days and two at twenty-eight days. The J � ►'�T�2"8E4�h�fpE 1 Engineer will also perform one slump test and one ai.r test (if required) for each set of cylinders and place the cylinders in an approved frost -proof box overnight and deliver them to the laboratory for testing. The Owner will bear the cost of testing the cylinders, slump and air. The Contractor shall bear the cost for all tests required to be repeated. FOUNDATION EXCAVATION AND FORMS All foundation excavations and forms which are to receive concrete shall be in accordance with the plans at to location, line and grade, and dimensions. All such preparations shall be inspected by the Engineer prior to the placing of concrete. Foundation excavations shall be true, free from mud or ice and the pour shall be against firm material. Forms shall be straight and true to within 1/8" ± without indentations, bulges or other irregularities. Forms shall be faced with masonite or plywood when the concrete is to be exposed. Chamfer strips shall be used to provide chamfered corners and edges on all exposed concrete. Forms shall be cleaned and oiled prior to each use. Oil shall be a non -staining mineral oil. Forms shall be substantial and sufficiently tight to prevent leakage of mortar; they shall be properly braced or tied together in such a manner that will maintain their original position and shape under the superimposed loads and the fluid pressure of the concrete. If adequate foundations for shores cannot be secured, trussed supports shall be provided. FINISH Concrete shall be finished within 1/8" ± according to the following: 1. Interior Floors - Smooth trowelled finish. Exterior Floors or Decks - Trowelled finish, followed by light, neat brush strokes. 3. Exterior Steps or Ramps - Trowelled finish, followed by medium, neat brush strokes, perpendicular to direction of travel. Curbs, Gutters and Pavement - Float finish followed by coarse brush strokes, perpendicular to direction of travel. Walls, Piers and Abutments, Inlet Boxes (exposed) - As soon as possible after pouring, remove forms and rub with brick or carobrundum stone to obtain neat, uniform texture and to obliterate all form marks. The use of mortar with the rubbing will not be permitted. Rubbing with water will be permissible. PLACING THE CONCRETE No concrete shall be poured without the Engineer or his representative being present. Concrete shall be placed according to the latest revised edition of ACI 318-77. It shall be so deposited that the mortar and coarse aggregate are not separated. Dropping the concrete for a height of 5 feet or more, depositing large quantities at any point and running or working it along Concrete - 2 J 1 ► X14 V4`£ps the form or any other practice tending to cause segregation of the ingredients will not be allowed. It shall be compacted by vibrating, continuous tamping, spading or slicing. Care shall be taken to fill every part of the forms, to work the coarser aggregate back from the face, and to force the concrete under and around the reinforcement without displacing it. Whenever practicable, concrete work shall be deposited continuously for each monolithic section of the work and in all cases where so directed by the Engineer. All floors and small dimension work shall be placed full thickness. Mass concrete shall be placed in continuous horizontal layers. No concrete shall be placed under water unless approval of the Engineer is obtained previous to commencement of pouring concrete. When depositing in water is allowed, the concrete shall be carefully placed in the space in which it is to remain in a compact mass by means of a tremie, bottom dumping bucket or other approved method that does not permit the concrete to fall through the water without adequate protection. Concrete shall be placed under water only in forms which are reasonably watertight and shall not be disturbed after being deposited. CURING OF CONCRETE Concrete not protected by form work shall be cured by covering with burlap, sand, earth or with suitable curing material approved by the Engineer, or by ponding. Regardless of the form of curing used, the covering shall be placed as soon as practicable after the concrete has obtained its final set. The curing will cover a seven day period dating from the time the concrete is deposited and the covering shall be kept saturated throughout the entire period. Normal curing operations may be dispensed with during periods when the air temperature falls below 45°F, and cold weather concreting curing provisions shall be initiated. COLD WEATHER CONCRETING Concreting operations will not be permitted when a descending air temperature falls below 40°F, nor resumed until an ascending air temperature reaches 35°F, without specific authority from the Engineer. When operations are authorized under such conditions, or when it is anticipated that•the air temperature will fall below 40°F before the concrete has taken its final set, the Contractor shall furnish sufficient canvas and framework, or other type of housing to enclose and protect the structure in such a way that the air surrounding the fresh concrete can be kept at a temperature of not less than 40°F and not more than 85°F for a period of at least five days after the concrete is placed. Humidity shall be controlled within the housing to preclude premature drying of the concrete. Sufficient heating apparatus such as stoves, salamanders, or steam equipment, and fuel to furnish the required heat, shall be supplied. "Spot" heating will not be permitted. All water used for mixing concrete shall be heated to a temperature of at least 70°F, but not over 150°F. Aggregate shall be heated either by steam or dry heat, to a temperature of at least 70°F, but not over 150°F. The heating apparatus shall be such as to heat the mass uniformly and preclude the possibility of the occurrence of hot spots which will burn the material. The temperature of the mixed concrete shall not be Concrete - 3 I. IT s'� 2"8 ULYINR r less than 60°F when set and subsequent one-half to two you may be incorporated an accelerator will by the Engineer. placed in the forms. As a means of accelerating the final curing of concrete not to contain water, from one and nds of calcium chloride per sack of cement used per batch in the concrete mixture. The use of calcium chloride as be permitted only when such use is specifically approved EXPANSION JOINTS Expansion joints shall be placed at points indicated on the plans. Unless shown, reinforcement steel shall not extend across an expansion joint. The break between two adjacent sections shall be complete. Exposed edges of expansion joints shall be rounded. Expansion joints shall be filled with an elastic "build up" type joint filler. Build up expansion joint filler shall consist of an elastic structure enclosed by outside layers of felt impregnated with asphalt. The complete filler shall not be less than one-half (f) inch in. thickness. All built up joint filler shall have concrete poured directly against both faces, and shall be installed in accordance with the plans or the Engineer's instructions. Where joint filler is placed against hardened concrete, the concrete surface shall be primed with asphalt primer and then mopped with a heavy coat •of hot roofing asphalt. The joint filler shall then be firmly pressed into the hot asphalt, so that it becomes firmly cemented thereto. Concrete shall then be poured directly against the filler. WATERSTOPS Waterstops shall be installed where indicated by the plans. The waterstop material shall be copper, neoprene rubber or PVC as specified in the Detailed Specifications or Plans. READY -MIX CONCRETE Ready -mix concrete shall be understood to mean any concrete which is proportioned and mixed in a central plant and hauled to the work in agitator trucks of approved type, or in non -agitating equipment when approved by the Engineer; or concrete which is proportioned in a central plant and mixed in approved transit mix •trucks en route to the site of the work; or mixed completely in a truck mixer at the point of delivery following the addition of mixing water. Mixer may be stationary mixers or truck mixers. Agitators may be truck mixers or truck agitators. Each mixer and agitator shall have attached thereto, in a prominent place, a metal plate on which is plainly marked for the various uses for which the equipment is designed, the capacity of the drum container in terms of volume of mixed concrete and the speed of rotation of the mixing drum and blades. The truck mixer, when loaded to manufacturer's rated capacity, which shall not exceed 57-1/2 percent of the volume of the drum of the mixer, shall be capable of combining the ingredients of the concrete within the specified Concrete - 4 iw r'Jk, !'f�E I. r time into a thoroughly mixed and uniform mass and of discharging the concrete with a satisfactory degree of authority. The agitator, when loaded to manufacturer's rated capacity, which shall not exceed 80 percent of the volume of the drum and of the agitator, shall be capable of maintaining the mixed concrete in a thoroughly mixed and uniform mass and of discharging the concrete with a satisfactory degree of uniformity. Mixers and agitators shall be operated within the limits of capacity and speed of rotation designed by the manufacturer of the equipment. Units designated as agitators shall not be used in connection with truck mixing. When a truck mixer is used for complete mixing, each batch of concrete shall be mixed not less than 70 nor more than 100 revolutions of the drum or blades at the rate of rotation designated by the manufacturer of the equipment as mixing speed. Additional mixing, if any, shall be at the speed designated by the manufacturer of the equipment as agitating speed. When a truck mixer is used for transporting concrete which has been completely mixed in a stationary mixer, mixing during transportation shall be at the speed designated by the manufacturer of the equipment as agitation speed, and the volume of the batch shall not exceed 80 percent of the gross drum volume. Concrete shall be delivered to the site of the work and discharged from the truck mixer or agitator into the forms complete within 1-1/2 hours after the introduction of the mixing water to the cement and aggregates except that in hot weather, or under other conditions contributing to quick stiffening of the concrete, the maximum allowable time may be reduced by the Engineer. Each batch shall be accompanied by a load ticket with a copy for the inspector showing the concrete type, mixing proportions, and time mixing began. Slump tests shall be made from time to time of indi+ at the beginning, midpoint and end of the load. If these than the tolerances specified the mixer or agitator shall the condition is corrected. When the specified slump is 3 tolerance shall be plus or minus 1/2 inch. When the greater than 3 inches the tolerance shall be plus or minus 'idual samples taken slumps vary by more not be used unless inches or less, the specified slump is 1 inch. Mixers and agitators shall be examined daily for changes in condition due to the accumulation of hard concrete or mortar or wear of blades. The pickup and throw -over blades shall be replaced when any part or section is worn one (1) inch or more below the original height of the manufacturer's design. A .copy of the manufacturer's design, showing dimensions and arrangement of blades, shall be available at all times. The concrete when discharged shall be of the consistency and workability required for the job without the use of additional mixing water. The rate of discharge shall be controlled by the speed of rotation of drums in the discharge direction with the discharge gate fully open. Concrete - 5 L 1�rv'r'k, kIP8 J ri \i When approved in writing by the Engineer, central -mixed concrete which is designed for the purpose may be transported in approved non -agitating equipment. Bodies of this equipment shall be smooth, watertight, metal containers, equipped with gates that will permit control of the discharge of the concrete. Covers shall be provided for protection against the weather. The concrete shall be delivered to the site of the work in a thoroughly mixed and uniform mass and discharged with a satisfactory degree of uniformity. Placement in forms shall be completed within 30 minutes after introduction of the mixing water to the cement and aggregates. If the concrete furnished shows erratic behavior under the field conditions, or in regard to strength of the finished product as shown by beams or cylinder tests or in the time of initial or final set, the Contractor will, at once, without notice from the Engineer, cease the use of ready -mixed concrete until such corrections in procedure are made as to ensure work of a quality satisfactory to the Engineer. The organization supplying concrete shall have sufficient plant capacity and transporting apparatus to ensure continuous delivery at the rate required. The rate of delivery of concrete during concreting operations shall be such as to provide for the proper handling, placing and finishing of the concrete. The rates shall be such that the interval between batches shall not exceed 20 minutes. Themethods of delivering and handling the concrete shall be such as will facilitate placing with the minimum of rehandling and without damage to the structure of the concrete. EXCLUSION OF CONTACT WITH ALUMINUM Due to the adverse effect of exposing concrete to direct contact with aluminum products, concrete truck chutes, pipes, finishing tools, etc. shall not be constructed of aluminum. Furthermore, permanent items of construction (i.e., anchor frames, weirs, grating, etc.) made from aluminum shall be isolated from finished concrete through the use of bitumastic or gasket material. HOT WEATHER CONCRETING Concreting operations will not be permitted when an ascending air temperature rises above 100°F, nor resumed until a descending temperature reached 95°F, without specific authority from the Engineer. When operations are authorized under such conditions, or when it is anticipated that the air temperature will rise above 95°F before the concrete has taken its final set, the Contractor shall make whatever provisions are necessary to insure that the relative humidity immediately adjacent to the concrete surface(s) does not fall below the following prescribed values for a period of at least five days after the concrete is placed (approved "curing compounds" or "sealers" will satisfy this requirement): Concrete - 6 11 Concrete Temperature (°F) *105 100 95 90 85 80 75 Minimum Allowable Relative Humidity (%) 90 80 70 60 50 40 30 * Concrete mix temperatures greater than 105°F shall not be permitted. During hot weather, the temperature of the mixing water may be decreased 50 45°F; however, ice shall not be directly added. to the concrete mix. REPAIRING/REPLACING DEFECTIVE CONCRETE All concrete which, upon removal of the forms, is found to be porous or "honey -combed" shall be immediately cut out and removed entirely from the body of the concrete. The parts removed shall extend not less than one inch (1") back of the reinforcement steel where such steel is present in the concrete face which is being repaired, removing sound concrete, if necessary, to obtain this depth. If reinforcement steel is not present, the parts removed shall extend into the concrete not less than three inches (3") and the opening dovetailed in such a manner that the new concrete filling will be securely anchored. In replacing concrete so removed, forms shall be built with a spout or hopper outside the concrete surface, which shall be filled with fresh concrete to a point not less than twelve inches (12") above the top of the hole caused by removing the porous concrete. The fresh concrete shall be properly bonded to the old concrete surfaces, as hereinbefore specified, and shall be well puddled. The hopper shall be removed after the concrete has hardened and within twenty-four hours after the concrete is placed, the excess concrete carefully cut away, and the surface pointed and rubbed smooth. Concrete already in place which is suspected of being defective (because of "low breaks" on cylinder testing) shall be core -drilled at the Engineer's direction and at the Contractor's expense. Should compressive testing of the cored sample verify that the concrete is defective, then the Engineer may direct the Contractor to remove defective portions and replace them with satisfactory material, all at the Contractor's expense. The Contractor may, at his own expense, have suspected -defective material cored and tested in order to on his part. To accomplish this, he must core and test at for each 200 square feet of exposed surface area. Results all. of three of the samples meet, or exceed, the specifications. portions of the reduce the expense least three samples must indicate that required strength Concrete - 7 REMOVAL OF FORMS. AND BACKFILLING Forms shall not be disturbed until the concrete has adequately hardened. Shoring shall not be removed until the member has acquired sufficient strength to support its weight and the load upon it. Members subject to additional loads during construction shall be adequately shored to support both the member and construction loads in such a manner as will protect the member from damage by the loads; this shoring shall not be removed until the member has acquired sufficient strength to support safely its weight and the load upon it. The following table gives the minimum time which shall elapse between the time of placing the concrete and the removal of forms at various average temperatures. 50° 400 to to Class of Work Above 60° 600 60° Below .40° Walls in Mass Work 1 Day 2 Days 5 Days Not until tests have been made indicating concrete is set. Thin Walls - 12" or less in thickness 2 Days 4 Days 7 Days Columns - if girders are shored 3 Days 5 Days 10 Days Bottom forms of slabs (5' or less span) 4 Days 8 Days 14 Days Bottom forms of beams and girders (less then 14" span) 14 Days 20 Days 28 Days Form work in buildings should be so designed that the column forms may be removed without in any way disturbing the supports of the beams or girders, in order that any defect in the column may be detected and remedied before any load is placed on the column. Concrete - 8 r 1 GENERAL SPECIFICATIONS PIPE AND PIPE FITTINGS GENERAL The materials listed and described in this section may be applicable to any or all sections of these specifications. If a conflict should exist between the specifications in this general section and those in a specific section the latter will govern and be followed. CAST IRON PIPE Cast iron pipe shall conform to USA Standards A21.6, A21.7, A21.8 and/or A21.9 as set forth in the DETAILED SPECIFICATIONS. Working pressure class and thickness class shall conform to ASA A21.1 and the class to be used in this project shall be as set forth in the DETAILED SPECIFICATIONS. The type of pipe joint may be bell and spigot, mechanical joint or push -on joint as permitted by the DETAILED SPECIFICATIONS. Gaskets for mechanical joint pipe shall conform to ASA A21.11. Cast iron pipe shall be certified by the manufacturer as to satisfactory compliance with USA Standards pertaining to bursting tests and ring tests. Design values of the modulus of rupture and bursting tensile strength of the iron shall be either 40,000 psi/18,000 psi or 45,000 psi/21,000 psi, as set forth in the DETAILED SPECIFICATIONS. All cast iron pipe shall be coated on the outside with either coal tar or asphalt base material approximately one mil thick, and shall be cement lined on the inside with a cement mortar. The interior lining shall -conform to ASA A21.4. DUCTILE IRON PIPE Ductile iron pipe shall conform to ANSI A21.51-1976, or latest revision. Pipe shall be jointed with push on or mechanical joints meeting applicable requirements of ANSI A21.11-1972, or latest revision. Thickness class of pipe to be used on the project shall be as set forth in the DETAILED SPECIFICATIONS. Pipe shall be coated and lined as stipulated above for cast iron pipe. GALVANIZED PIPE Galvanized pipe shall be Schedule 40, meeting ASTM A-120 and A-53 specifications. Working pressure of fittings shall equal or exceed that of the pipe. Threads shall be IPS. r r P.V.C.. PIPE Pipe and pipe fittings shall be made from clean, virgin, NSF approved, Type 1, Grade 1 PVC conforming to ASTM Spec. 01784. Pipe shall have triple cleated natural rubber rings, integral bells, and be designed for a working pressure of 160 psi at 73°F. All pipe shall bear the National Sanitation Foundation Seal of approval for potable water. Laying length shall be a minimum of 20 feet. Pipe shall be Jones -Manville PVC Ring-Tite, VisQueen PVC or approved equal. CONCRETE PIPE Reinforced concrete pipe shall be Class III meeting ASTM Specifications C-76 and C=361- with "0" ring rubber gasket joints. Non -reinforced concrete pipe shall be "extra strength" pipe meeting ASTM Specifications C-14 and C-433 with "0" ring rubber gasket joints. CLAY SEWER PIPE (a) Standard Strength - Clay sewer pipe and, specials shall be of best quality, sound, vitrified clay, well burned throughout its thickness, impervious to moisture, free from cracks, flaws, blisters or other imperfections, circular in bore and of true form. Pipe shall meet the latest current A.S.T.M. Specifications for Standard Strength Pipe (C13-54) except as specified in other additional requirements. Pipe shall be of the socket type, with true circular sockets, concentric with the bore of the pipe and shall be furnished in lengths not less than 2§ feet. Maximum absorption shall not exceed 8 percent. (b) Extra Strength - Extra strength pipe shall meet the above requirements and A.S.T.M. Specifications for Extra Strength Clay Pipe (C200 -53T, or latest revision thereof). . (c) P.V.C. Joint - The P.V.C. joint shall be used in vitrified clay pipe conforming to A.S.T.M. Designation C-13-54 or the latest revisions. The pipe shall be manufactured with a plasticized polyvinyl chloride resin gasket in the bell and on the spigot of the pipe. CEMENT ASBESTOS PIPE Shall conform to current ASTM Specifications for sewer or water pipe and shall be equivalent to that manufactured by Johns -Manville Corporation or Keasbey and Mattison Company. CAST IRON FITTINGS Fittings and specials shall conform to ASA Specifications A21.10 and A21.11 (latest revisions). Pressure class of fittings shall be 250 psi for 3-12 inch sizes and 150 psi for 14" and above unless otherwise stated. Cement linings shall be in accordance with ASA Specification A21.4. Outside coating of fittings shall be as specified for cast iron pipe. Pipe and Pipe Fittings - 2 L Unless otherwise noted, fittings may have the push -on type of joint. Mechanical joint Fittings may also be used but in any event if fittings are paid for on a weight basis, payment shall be made on the basis of ASA A21.10 published body weights for mechanical joint fittings not including accessories and not including cement lining weights. GATE VALVES Gate valves shall be iron body, bronze mounted, double disk gate valves with non -rising stem. Valves shall conform to AWWA Standards for iron body gate valves for 150 pounds working pressure and be tested at 300 pounds water pressure. Valves shall be furnished with 2 -inch by 2 -inch operating nut and shall open on counter -clockwise turn. All valves shall have "0" ring seals and shall be mechanical joint type excepting that 2 -inch valves for use with galvanized pipe shall be screw end valves. Gate valves shall be Mueller A2380-20, Clow, or equal, with teflon anti -friction ring. VALVE BOXES The Contractor shall provide for each valve installed underground, a cast iron adjustable roadway type valve box, proportioned to allow the top of the box to be set flush with the finished grade in that area at whatever depth the pipe. may be laid. Top of valve •box shall have a removable cover with provisions for fastening securely. and the cover shall be plainly marked with the word "water" or have a large raised letter "W". The valve boxes shall have a 5a inch opening in. the shaft. The box must extend to 36" from a minimum length of 24". The box shall weigh at least 75 pounds including the lid.. Valve boxes shall be Buffalo type, Mueller 562-S, or equal. FIRE HYDRANT Unless otherwise specified on the plans or in the DETAILED SPECIFICATIONS, fire hydrants shall be classified according to the diameter of the opening of the main valve seat, and the number and size of hose connections. Caps and nozzles shall be threaded to the National Standard thread of the sizes shown on the plans or specified in the Proposal. Fire hydrant lengths shall be adjusted by a hydrant riser to correspond to the depth of the trench or established grades, and the cost of installation of such risers shall be included in the price set out in the Proposal for the hydrant complete in place. Where specified in the plans or set out in the Proposal, the hydrant shall be equipped with a breakable coupling above ground line. The hydrant shall be so designed so as to make repairs to broken upper sections without digging out the hydrant. The upper section of the barrel shall contain hose and pumper nozzles as specified. The inlet to the hydrant shall be an elbow or hydrant shoe, provided with a bell flange to fit the branch from the main; other types of flanges are to be provided if set out in the DETAILED SPECIFICATIONS. brain openings shall be provided in the hydrant shoe .to drain the hydrant after use. Pipe and Pipe Fittings - 3 J The operating stem shall be made of steel or wrought iron and shall be sheathed in bronze or other suitable material where it passes through the stuffing box. Working parts of iron or steel against other iron or steel will not be permitted. All working parts, including main valve assembly, shall be removable through the barrel without excavating. All materials and workmanship used in the construction of hydrants shall be in accordance with the current specifications adopted by the A.W.W.A. designation C502-73. Each fire hydrant shall be tested to 300 pounds hydrostatic pressure supplied from the inlet side, first with main valve closed for testing valve seat, second, with main valve open for testing of drain valves and strength of entire hydrant. All fire hydrants shall receive two coats of shop paint. One coat of field paint shall be applied as specified by •the Engineer: RESPONSIBILITY FOR MATERIAL (a) Responsibility When Furnished by Contractor = The Contractor shall be responsible for all material furnished by him and he shall replace at his own expense all such material found to be defective in manufacture or damaged in handling after delivery by the manufacturer. This shall include the furnishing of all material and labor required for the replacement of installed material discovered defective prior to the final acceptance of the work. (b) Responsibility When Furnished by Owner -. The Contractor's responsibility for material furnished by the Owner shall begin at the point of delivery thereof to said Contractor. Materials already on •the site shall become the Contractor's responsibility on the day of the award of the contract. The Contractor shall examine all material furnished by the Owner at the time and place of delivery to him and shall reject all defective material. Any material furnished by •the Owner and installed by the Contractor without discovery of such defects will, if found defective prior to final acceptance of the work, be replaced with sound material by the Owner. The Contractor, however, shall, at his own expense, furnish all supplied, labor and facilities necessary to remove said defective material and install the sound material in a manner satisfactory to the Engineer. (c) Responsibility for Safe Storage - The Contractor shall be responsible for the safe storage of material furnished by or to him, and accepted by him, and intended for the work, until it has been incorporated in the completed project. The interior of all pipe, fittings and other accessories shall be kept free from dirt and foreign matter at all times. Valves and hydrants shall be drained and stored in a manner that will protect them from damage by freezing. Pipe and Pipe Fittings - 4 1 ► 7 �"6k. h'fllE r (d) Replacement of Damaged Material - Any material furnished by the Owner that becomes damaged after acceptance by the Contractor shall be replaced by the Contractor at his own expense. HANDLING OF MATERIAL • (a) Hauling - .All materials furnished by the Contractor shall be delivered and distributed at the site by the Contractor. Materials furnished by the Owner shall be picked up by the Contractor at points designated and hauled to and distributed at the site. Pipe, fittings, valves, hydrants and accessories shall be loaded and unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. In distributing the material at the site of the work, each piece shall be unloaded opposite or near the place where it -is to be laid in the trench. (b) Care of Pipe Coating and Lining - Pipe shallbe so handled that the coating and lining will not be damaged. If, however, any part of the coating or lining is damaged, the repair shall be made by the Contractor at his expense in a manner satisfactory to the Engineers. MEASUREMENT AND PAYMENT See Pipe Laying section of the General Specifications. Pipe and Pipe Fittings - 5 J 1► A A' t% r GENERAL SPECIFICATIONS WATER AND SEWER PIPE LAYING GENERAL All pipe shall be of the type, weight, class and/or designed working pressure shown on the plans, set out in the GENERAL and DETAILED SPECIFICATIONS or as set out in the Proposal and accepted by the Owner. The Contractor shall, unless otherwise specified, furnish all equipment, tools and labor necessary to do the work required under this contract, haul and distribute all pipe, castings, fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes; construct and maintain all bridges for traffic; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or ground water; provide barricades, guards and warning lights; lay and test the pipe, casting, fittings, valves, hydrants and accessories, backfill and consolidate the trenches and pits; restore the roadway ' surface unless otherwise stipulated; remove surplus excavated material; clean the site•of the work; and maintain the street or other surface over the trenches as specified. The Contractor shall also furnish all equipment, tools, labor and materials required to rearrange branch connections to main sewers, .or to rearrange sewers, conduits, ducts, pipes or other structures in accordance with the contract drawings and stipulations included therein. EXCAVATION AND PREPARATION OF TRENCH The trench shall be dug so that the pipe can be laid to the alignment and depth required, and it shall be excavated a maximum of 600 feet in advance of the pipe laying. The trench shall be so braced and drained that the workmen may work therein safely and efficiently. It is essential that the discharge of the trench dewatering pumps be conducted to natural drainage channels, drains or sewers. (a) Alignment and Grade - The water and sewer pipes shall be laid and maintained to the required lines and grades with fittings, valves and hydrants at the required locations; spigots centered in bells; and all valves and hydrant stems plumb. (1) Deviations Occasioned by Other Structures - Wherever obstructions not shown on the plans are encountered during the progress of the work and interfere to such an extent that an alteration in the plan is required, the Engineer shall have the authority to change the plans and order a deviation from the line and grade or arrange with the Owners of the structures for the removal, relocation or reconstruction of the obstructions. (2) Caution in Excavation - The Contractor shall proceed with caution in the excavation and preparation of the trench so that the L J tr exact location of underground structures, both known and unknown, may be determined, and he shall be held responsible for the repair of such structures when broken or otherwise damaged because of carelessness on his part. (3) Depth of Pipe - All pipe shall be laid to the depth shown on the contract drawings or as required in the DETAILED SPECIFICATIONS. Any variation therefrom shall be made only at the order of the Engineer. (b) Classification - Trench excavation may be classified as "Unclassified Excavation," or "Earth Excavation," or "Rock Excavation." Proposal and contract shall mean all material excavated and payment shall be made in accordance with measurements as herein provided. When trench excavation other than "Unclassified Excavation" is specified, it shall be classified as either "Earth Excavation" or "Rock Excavation." Rock excavation shall comprise rock in formations in the original bed, or well defined ledges, or detached solid masses of stone more than one -quarter (q) cubic yard in volume, which cannot be excavated, loosened or removed by any process other than by drilling and blasting. No soft or disintegrated rock which can be removed with a pick, or rock that has been broken, or previously blasted, or broken stone in rock filling or elsewhere, will be classified as rock excavation. This classification shall not be extended to include materials which can be removed by means other than drilling and blasting but which for reasons of economy in excavation, the Contractor prefers to remove by drilling and blasting. Earth excavation shall comprise all other materials, wet or dry, to be excavated and removed other than those described as rock excavation. Unless otherwise provided for in the DETAILED SPECIFICATIONS, payment for all classifications of excavation required for water and sewer pipe laying shall be included in the unit price for installing the pipe. (c) Width of Trench - The width of the trench shall be ample to permit the pipe to be laid and jointed properly, and the backfill to be placed and compacted as specified. Trenches shall be of such extra width, when required, as will permit the convenient placing of timber supports, sheeting and bracing, and handling of specials. (d) Bell Holes - The bottom of the trench under each bell shall be excavated sufficiently to allow the pipe to rest throughout its length. Bell hole excavation shall also be sufficient to allow Water and Sewer Pipe Laying - 2 ry n kh' R rA 1 proper placing of the joint compound, where joint compound is used. No weight of dirt or pipe shall be supported by the bell of the pipe• (e) Pipe Clearance in Rocks - Ledge rock, boulders and large stones shall be removed to provide a clearance of at least six (6) inches below and on each side of all pipe, valves and fittings for pipes 24 inches in diameter or less, and nine (9) inches for pipes larger than 24 inches in diameter. Except in wet locations (see "Wet Excavation") the trench shall then be refilled with sand to an even surface for pipe to rest upon throughout its length. Every trench in rock shall be fully opened at least fifty (50) feet in advance of the place where pipe is being laid or concrete or masonry work is in progress. The specified minimum clearances are the minimum clear distances which will be permitted between any part of the pipe and appurtenances being laid and any part, projection or -point of such rock, boulder or stone. (f) Excavation to Grade - The trench shall be excavated to the depth required so as to provide a uniform and continuous bearing and support for the pipe on solid and undisturbed ground at every point between bell holes, except that it will be permissible to disturb and otherwise damage the finished surface over a maximum length of 18 inches near the middle of each length of pipe by the withdrawal of pipe slings or other lifting tackle. Any part of the bottom of the trench excavated below the specified grade shall be corrected with an approved material. Approved material for pipe subgrade and bedding shall consist of Class I, II, or III material as described by ASTM D2487, unless otherwise set out in the DETAILED SPECIFICATIONS. Said material shall be compacted to the density of adjacent undisturbed soil. The finished subgrade shall be prepared accurately by means of hand tools. The subgrade beneath the centerline of the pipe shall be finished to within 0.03 feet of a straight line between pipe joints or batter boards, and all tolerances shall be above the specified grade. If unacceptable soil conditions are encountered at subgrade which require all or part of the work to be done in accordance with Paragraph (g) below, the Engineer shall have the authority to order the work to be so done, and the Contractor will be allowed extra compensation for the additional work. (g) Excavation in Poor Soil and Refilling to Grade - Where the bottom of the trench at subgrade is found to be unstable Class IV or V soils or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces or fragments of inorganic material which, in the judgement of the Engineer, should be removed, Water and Sewer Pipe Laying - 3 J r the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before the pipe is laid, the subgrade shall be made by backfilling with an approved material in 3 -inch uncompacted layers. The layers shall be thoroughly tamped to the density of adjacent undisturbed soil so as to provide a uniform and continuous bearing and support for the pipe at every point between bell holes. (h) Special Foundation in Poor Soil - Where the bottom of the trench at subgrade is found to consist of material which is unstable to such a degree that, in the opinion of the Engineer, it cannot be removed and replaced with an approved material thoroughly compacted in place to support the pipe properly, the Contractor shall construct a foundation for the pipe, consisting of piling, timbers, or other materials, in accordance with plans prepared by the Engineer. Extra compensation will be allowed for the additional work. (i) Subgrade in Rock Trenches - Where excavation is made in rock or boulders and the clearance specified in Paragraph (e) above is provided, the subgrade shall be made by backfilling with an approved material in three-inch uncompacted layers. The layers shall be thoroughly tamped to 90 percent of the material's standard density so as to provide a uniform and continuous bearing and support for the pipe at every point between bell holes. Bedding condition shall be Type B, as prescribed by the American National Standards Institute. (j) Wet Excavation - When water or unstable soil is encountered in the bottom of the trench, the Contractor will be required to excavate below grade a minimum of six inches, and the trench will be brought back to grade with clean crushed rock or gravel (ASTM D2487, Class I material). Payment for overexcavation and placing of the crushed rock may or may not be paid for, depending upon the terms of the agreement between the Contractor and the Owner, as stipulated in the DETAILED SPECIFICATIONS. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. (k) Appurtenances - Unless specifically approved by the Engineer, appurtenances such as manholes, branch crossings, etc. shall be built as the work progresses. Excavation for manholes will be made of such dimension and depth as to allow the construction of the manhole as shown on the plans. (1) 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 shall be lined with steel casing pipe. Both ends of the casing shall be closed with masonry bulkheads. - Water and Sewer Pipe Laying - 4 i (m) 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 trench backfilled and thoroughly tamped with the bracing in place. The Contractor will not be paid for such bracing, sheeting or shoring whether it is withdrawn or left in the trench. (n) 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, handling and transporting 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 supervision or direction of use of explosives by the Engineer does not in any reduce the responsibility of the Contractor or his surety for damage that may be caused by such use. (o) Care of Surface Material for Reuse - All surface materials which are suitable for reuse in restoring the surface shall be kept separate from the general excavation material. Said surface material shall be replaced at the surface during backfilling. (p) Piling Excavated Material - All excavated material shall be piled in a manner that will not endanger the work and that will avoid obstructing sidewalks and driveways. Hydrants under pressure, valve pit covers, valve boxes, curb stop boxes, fire and police call boxes, or other utility controls shall be left unobstructed and accessible until the work,is completed. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural water courses shall not be obstructed. (q) Trenching by Hand or Machine - Hand methods for excavation shall be employed in locations shown on the drawings. In other locations, the Contractor may use trench -digging machinery or employ hand methods. (r) Barricades, Guards and Safety Provisions - To protect persons from injury and to avoid property damage, adequate barricades, construction signs, torches, red lanterns and guards, as required, shall be placed and maintained during the progress of the Water and Sewer Pipe Laying - 5 - r construction work and until it is safe for traffic to use the highway. All material piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences or barricades and shall be protected by proper lights when the visibility is poor. The rules and regulations of the local authorities respecting safety provisions shall be observed. (s) Maintenance of Traffic and Closing of Streets - The Contractor shall carry on the work in a manner which will cause the least interruption in traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. The Contractor shall post suitable signs indicating that a street is closed and necessary detour signs for the proper maintenance of traffic. (t) Structure Protection - Temporary maintenance of all underground and and other obstructions encountered be furnished by the Contractor at may have been disturbed shall be work. support, adequate protection and surface structures, drains, sewer in the progress of the work shall his expense. The structures which restored upon completion of the (u) Protection of Property and Surface Structures - Trees, shrubbery, fences, poles and all other property and surface structures shall be protected unless their removal is shown on the drawings. (v) Interruption of Service - No valve or other control on the existing system shall be operated for any purpose by the Contractor. The Owner will operate all valves, hydrants, blow -offs and curb stops. PAVED STREETS, SIDEWALKS, AND DRIVEWAYS Whenever sewers are built under normal four (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 it is necessary to cut the sidewalk, the Contractor shall replace such sidewalk at the price bid per square foot for such work. Payment shall be made, however, upon a cut width not to exceed four (4) feet. 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, 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 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 asphalt materials removed and shall use them and as much additional material of like quality as is necessary in making replacements. Water and Sewer Pipe Laying - 6 riwi J r All fills under sidewalks or paving shall be completed as described in the DETAILED SPECIFICATIONS. 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, then the Contractor shall furnish such materials as •are needed to restore the surface of the street to its original condition. If materials such as are removed are not available, the the Contractor shall furnish substitute materials of equal and suitable quality. All fills in trenches crossing streets, sidewalks or other thoroughfares shall be completed as described in the DETAILED SPECIFICATIONS. The Contractor shall receive no extra compensation for such work but shall include such costs in the unit prices set out in the Proposal. LAYING WATER PIPE Cast and Ductile Iron Pipe shall be laid in accordance with Section 3 of A.W.W.A. Standard designated C600-77. Asbestos -cement pipe shall be laid in accordance with Tentative A.W.W.A. Standard designated C603-78. Joints shall be as specified on the plans or in the DETAILED SPECIFICATIONS. LAYING SEWER PIPE Construction of and continue uphill mains shall not be completed. sanitary sewers shall begin at the low point of the line in orderly succession throughout the work. LAterals and constructed before their connecting outfalls have been The connection of sewers to other sewers or appurtenances shall be in accordance with the plans. The work shall be done in a workmanlike manner in such a way as to not damage any other structures involved. Sewer pipe shall be laid on a firm bed and in a perfect conformity with lines and grades given. All pipe shall be laid with even bearing on the bo which shall be shaped with earth and prepared to conform pipe. Niches of sufficient dimensions shall be cut in trench to give perfect clearance to the bell of the pipe, is necessary to make a proper joint. ANSI Type B bedding required. :tom of the trench, to the form of the the bottom of the but no larger than conditions shall be Water and Sewer Pipe Laying - 7 a r The inside shoulder of the bell and spigot ends must in all cases meet; the bell end in all cases to be laid toward the high end of the sewer. 'The grade of the pipe shall be obtained by the use of laser equipment. Contractors unable to utilize laser equipment shall compensate the Engineer for additional survey work required to maintain batter board control. Compensation shall be based upon current hourly labor rates times a multiplier of 2.5, plus direct expenses. At all times during the progress of the work, and when terminating a day's work, the open end of the pipe shall be temporarily closed with a wooden cover made for that purpose. VITRIFIED CLAY PIPE - IRON PIPE JOINTS (a) General - Valves, fittings, plugs and caps shall be set and jointed to pipe in the manner heretofore specified for cleaning, laying and jointing pipe. (b) Location of Valves - Valves in water mains shall, where possible, be located on the street property lines extended unless shown otherwise on the plans. (c) Valve Boxes and Valve Pits - A valve box or a masonry pit shall be provided for every valve. A valve box shall be provided for every valve which has no gearing or operating mechanism or in which the gearing or operating mechanism is fully protected with a cast-iron grease case. The valve box shall not transmit shock or stress to the valve and shall be centered and plumb over the wrench nut of the valve, with the box cover flush with the surface of the finished pavement or such other level as may be directed. A masonry valve pit shall be provided for every valve which has exposed gearing or operating mechanisms. The valve nut shall be readily accessible for operating through the opening in the manhole, which shall be set flush with the surface of the finished pavement or such other level as may be specified. Pits shall be so constructed as to permit minor valve repairs and afford protection to the valve and pipe from impact where they pass through the pit walls. (d) Drainage of Mains - Mains shall be drained through drainage branches or blowoffs to dry wells from which the water can be pumped. Drainage branches, blowoffs, air vents and appurtenances shall be provided with gate valves and shall be located and installed as shown on the plans. Water and Sewer Pipe Laying - 8 Drainage branches or blowoffs shall not be connected to any sewer, submerged in any stream or be installed in any other manner that will permit back siphonage into the distribution system. (e) Dead Ends - All dead ends on new mains shall be closed with cast-iron plugs or caps, with or without blowoff cock, as shown on the drawings. _ SETTING HYDRANTS •(a) Location - Hydrants shall be located as shown or as directed and • in a manner to provide complete accessibility, and also in such a manner that the possibility of damage from vehicles or injury to pedestrians will be minimized. When placed behind the curb, the hydrant barrel shall be set so that no portion of the pumper or hose nozzle cap will be less than 6 inches nor more than 12 inches from the gutter face of the curb. When set in the lawn space between the curb and the sidewalk, or between the sidewalks and the property line, no portion of the hydrant or nozzle cap shall be within 6 inches of the sidewalks. (b) Position All hydrants shall stand plumb and shall have their nozzles parallel with or at right angles to the curb, with the pumper nozzle facing the curb, except that hydrants, having two hose nozzles 90 degrees apart shall be set with each nozzle facing the curb at an angle of 45 degrees. Hydrants shall be set to the established grade, with nozzles at least 12 inches above the ground, as shown or as directed by the Engineer. (c) Connection to Main - Each hydrant shall be connected to the main with a 6 -inch cast-iron branch controlled by an independent 6 -inch gate valve, except as otherwise specified. (d) Hydrant Drainage in Pervious Soil - Wherever a hydrant is set in soil that is pervious, drainage shall be provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with coarse sand, from the bottom of the trench to at least 6 inches above the waste opening" in. the hydrant and to. a distance of one (1) foot around the elbow. No drainage system shall be connected to a sewer. (e) Hydrant Drainage in Impervious Soil - Wherever a hydrant is set in clay or other impervious soil, a drainage pit two (2) feet in diameter and three (3) feet deep shall be excavated below each hydrant and filled compactly with coarse gravel or crushed stone mixed with coarse sand, under and around the elbow of the hydrant and to a level of six (6) inches above the waste opening. No drainage pit shall be connected to a sewer. Water and Sewer Pipe Laying - 9 I r ANCHORAGE (a) Anchorage for Hydrants - The bowl of each hydrant shall be well braced against unexcavated earth at the end of the trench with stone slabs or concrete backing, or it shall be•tied to the pipe with suitable metal tie. rods or clamps, as shown or directed by the Engineer. (b) Anchorage for Plugs, Caps, Tees and Bends - All plugs, caps, tees and bends deflecting 22} degrees or more on mains six (6) inches in diameter or larger shall be provided with 'a reaction backing, or movement shall be prevented by attaching suitable metal rods or clamps as shown or specified. (c) Reaction Backing - Reaction backing shall be concrete of a mix not leaner than one (1) cement: two and one-half (2z) sand; five (5) stone, and having a compressive strength of not less than 2,000 pounds per square inch at 28 days. Backing shall be placed between solid ground and the fitting to be anchored; the area -of bearing on the pipe. and on the ground in each instance shall be that shown or directed by the Engineer. The backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. 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 obligation to the Owner. No deduction in the length of sewer pipe laid shall be made for the installation of such wye. Payment made by the property holder shall be according to the unit price set out in the Proposal, or in case no unit price is set out in the Proposal, arrangement as to price may be agreed upon by the property holder and the Contractor. MANHOLES (a) General - Manholes of the dimensions specified shall be built by the Contractor at the points indicated on the plans as rapidly as the construction of the sewer will permit. Manholes shall be either brick or cast in place concrete as provided in the DETAILED SPECIFICATIONS. " (b) 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 twenty-five (25) inch diameter at a point one (1) foot below said street grade, and the remainder built as a twenty-five (25) inch diameter cylinder. Manholes shall be built to additional heights when required by the plans. Water and Sewer Pipe Laying - 10 J v" 7^hGkih' dR (c) Steps - During the construction of each manhole, cast-iron steps shall be set in place on the inside of the manhole, beginning two (2) feet above the bottom and placed not more than eighteen (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 five (5) inches from the inside -of the manhole. (d) 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 two (2.0) feet or more. Drop manholes shall be constructed of the same materials and dimensions as are standard manholes, the only difference being in thefl inlet arrangements as shown on the standard detail sheet. (e) Slabs and Walls - All floor slabs shall be formed, and in some cases, walls for drop manholes may be specified to be poured in forms. Forms may be metal or wood. They shall be smooth, tight, clean, free from warp, of sufficient strength to resist springing out of shape, and so designed that the various sections may be fastened together in such a manner as to prevent relative movement of the ends. The forms shall be true to line and grade, and shall be well staked and braced; •they shall have a firm bearing; they shall not be removed in less than twenty-four hours after concrete is placed. (f) Constructing Brick Manholes (1) Brick and Mortar - All brick shall be hard burned mud or shale • sewer, or number 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 American Society for Testing Materials, C-32. All mortar shall be composed of two parts sand and one part cement, by volume. The same shall be thoroughly mixed before wetting, and then mortar made to a workable consistency. No mortar shall be used if mixed longer than one-half (i) hour. Retempering of mortar will not be allowed. Sand and cement shall conform to the specifications for these materials as set out in the specifications for concrete. (2) Joints - Every, brick shal bottom and sides, which shall be sufficient mortar on the bed Horizontal joints shall not excel vertical joints on the inside one -quarter (a) inch. 1 have full mortar joints on the formed at one operation by placing and forcing the brick into it. !d three -eights (3/8") inch, and the of the manhole shall not exceed (3) Striking Joints - All joints on the inside of the manhole are to be carefully rubbed full and struck as the manhole is built up. Water and Sewer Pipe Laying - 11 (g) Cast in Place Concrete Manholes - Shall conform to the DETAILED SPECIFICATIONS. (h) Manhole Frames, Covers and Other Castings - The castings for manholes, and other appurtenances shall be constructed 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, and be of workmanlike finish, and must conform to the plans. The quality shall be such that a blow from a hammer will produce an indentation on a square edge of the casting without flaking the metal. The material shall conform to ASTM A48-74, Class 30 B. 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 three hundred (300) pounds, and shall conform to the plans on file in the Engineer's office. (i) Cleaning - Upon completion of each manhole, all waste mortar and/or debris shall be immediately removed from the bottom and the invert or bottom joints struck or pointed. (j) Payment - Payment for manholes shall include every item of construction and materials except additional payment shall be made for such pipe sewers as extended 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. Unless otherwise stated in the DETAILED SPECIFICATIONS or on the plans, payment will be based upon the unit price for each manhole six (6) feet or less in depth, measured from the flow line of the sewer to the top of the manhole. Additional payment will be made for manholes more than six (6) feet in depth according to the unit price bid for each additional two (2) feet of depth in excess of six (6) feet in depth. Payment of drop manholes shall be at the unit price bid in the Proposal. No extra payment will be made for manhole excavation outside of the pay lines of the sewer excavation proper. TESTING (a) Distribution and Treated Water Mains - Cast-iron pipe shall be tested at 150% of the hydrostatic pressure. If lead joints are used, they shall be left uncovered and checked individually for Water and Sewer Pipe Laying - 12 1 ►� Q 2MUMIps T seepage.If mechanical joints are used, the pipe can be covered to a depth of one (1) foot above the top of the pipe and then tested. (b) Supply Mains - Supply mains shall be tested at 150% of the hydrostatic pressure under which they are to operate. Tests may be conducted after the line is completed and the backfill made. (c) Duration of Test - Test pressures shall be maintained for a period of at least 2 hours. (d) Method of Testing - Where joints are left open for inspection, ordinary operating line pressures may be used and the leakage determined by inspections. Where joints are covered, metered connections shall be used whenever practical. In the case of pump lines where metered water is not available, the lines may be filled and left under pressure for a period of 24 hours and the loss determined by pressure gages. (e) Allowable Leakage - Leakage for all types of pipe shall be within the limits set out in the "Tentative Standard Specifications for Installation of Cast Iron Water Main," A.W.W.A. designation C600-77. Should any test of pipe laid disclose leakage greater than that specified, the Contractor shall, at his own expense, locate and repair the defective joints until the leakage is within the specified allowance. BACKFILLING (a) Backfill Material - All backfill material shall be free from cinders, ashes, refuse, vegetable or organic material, boulders, rock or stones, or other material which is unsuitable. However, from one.(1) foot above the top of the pipe to the subgrade of the pavement, material containing stones up to eight (8) inches in their greatest dimension may be used, unless specified otherwise herein. (b) Use of Excavated Material as Backfill - When the type of backfill material is not indicated on the drawings or specified, the Contractor may backfill with the excavated material; provided that such material consists of loam clay, sand, gravel or other materials which are suitable for backfilling. Where excavated material is indicated on the drawings or specified for backfill and there is a deficiency due to a rejection of part thereof, the Contractor shall furnish the required amount of sand, gravel or other approved material. (c) Sand or Gravel Backfill - Where sand or gravel backfill is not indicated on the drawings or specified herein and, in the opinion of the Engineer, should be used in any part of the work, the Contractor shall furnish and backfill with sand or gravel as directed as an extra. Water and Sewer Pipe Laying - 13 L ►1 -y; -1 nhalL`AA'E J r 11 (d) Backfilling Under Pipe - All trenches -- whether the pipe, fittings and appurtenances are laid on a flat bottom at subgrade, laid on fill or laid on blocking -- shall be backfilled by hand, from the bottom of the trench to the centerline of the pipe with approved material placed in layers of three (3) inches and compacted by tamping. Backfilling materials shall be deposited in the trench for its full width on each side of the pipe, fittings, and appurtenances simultaneously. (e) Backfilling Over Pipe - From the centerline of the pipe, fittings, and appurtenances to a depth of one (1) foot above the top of the pipe, the trench shall be backfilled with approved materials and shall be placed by hand. The Contractor shall use special care in placing this portion of the backfill so as to avoid injuring or moving the pipe. (f) Backfilling to Grade - From one (1) foot above the pipe to the grade shown on the drawings or specified herein, the trench shall be backfilled by hand or by approved mechanical methods. (g) Backfill Around Manholes - After manholes are completed and approved, the earth shall be tamped around the outside to a firm, compact condition. Backfill shall not be made until a minimum of three days after manhole completion. (i) Backfilling Where Settlement Unimportant Unless otherwise specified, the Contractor may backfill the trench from one (1) foot above the pipe to the top of the trench with the excavated material, and the backfill shall be neatly rounded over the trench to a sufficient height to allow for settlement to grade after consolidation. Additional grading shall be required until settlement is complete. (j) Backfilling in Freezing Weather - Backfilling shall not be done in freezing weather except by permission of the ENgineer, and it shall not be made with frozen material. No fill shall be made where the material already in the trench is frozen. (k) Payment - Payment for backfilling shall be included in the price bid under "Excavation and Backfill," or if the bid is for sewers complete in place in trenches of determined depth, the price bid for such work shall include all backfilling. REMOVAL OF EXCESS EXCAVATION Excavated materials remaining after all trench backfilling, and if required by the plans, additional filling and grading is completed, shall be the property of the Contractor. The Contractor will be responsible for disposing of same excess material offsite. No extra payment shall be made for disposal of excess material or for hauling in fill• material if fill areas Water and Sewer Pipe Laying - 14 ►T ei ft,18 exist and sufficient excess excavated material is not available to complete the fills. Whenever the.water or sewer line is built in any unpaved street or alley, the trench shall be refilled to the original surface of the street. REMOVAL., RESTORATION AND MAINTENANCE OF SURFACE (a) Allowable Removal of Pavement - The Contractor shall remove pavement and road surfaces as a part of the trench excavation, and the amount removed shall depend upon the width of trench specified for the installation of the pipe and the width and length of the pavement area required to be removed for the installation of gate valves, specials, manholes or other structures. The width of pavement removed along the normal trench for the installation of the pipe shall not exceed the width of the trench specified by more than six (6) inches on each side of the trench. The width and lengths of the area of pavement removed for the installation of gate valves, specials, manholes or other structures shall not exceed the maximum linear dimensions of such structure by more than six (6) inches on each side of the trench. The width and lengths of the area of pavement removed for the installation of gate valves, specials, manholes or other structures shall not exceed the maximum linear dimensions of such structure by more than six (6) inches on each side. Wherever, in the opinion of the Engineer, existing conditions make it necessary or advisable to remove additional pavement, the Contractor shall remove it as directed by the Engineer and shall receive extra compensation therefor, provided such additional work is not shown on the drawings or specified. The Contractor shall use such methods, either drilling or chipping, as will assure the breaking of the pavement along straight lines. The face of the remaining pavement shall be approximately vertical. If the Contractor removes or damages pavement or surfaces beyond the limits specified above, such pavement and surfaces shall be replaced or repaired at the expense of the Contractor. (b) Restoration of Damaged Surfaces and Property - Where any pavement, trees, shrubbery, fences, poles, or other property and surface structures have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the contract documents, state laws, municipal ordinances,, or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. (c) Replacement of Pavement and Structures by Contractor - The Contractor shall restore (unless otherwise stipulated) all pavement, sidewalks, curbing, gutters, shrubbery, fences, poles, or other property and surface structures removed or disturbed as a part of Water and Sewer Pipe Laying - 15 L ,Ti o.. 2"ek4t'R J the work to a condition equal to that before the work began, furnishing all labor and materials incidental thereto. (d) Cleaning Up - All surplus water main materials furnished by the Contractor and all tools and temporary structures shall be removed from the site by the Contractor. All dirt, rubbish and excess earth from the excavation shall be hauled to a dump provided by the Contractor and the construction site left -clean to the satisfaction of the Engineer. All surplus water main materials furnished by the .Owner and delivered to the site by the Contractor shall be removed and delivered by the Contractor to a location designated by the Owner. All surplus water main material furnished and delivered by the Owner shall be removed by the Owner. CONNECTION TO EXISTING LINES Where connections to existing lines are to be made, such fittings as shown on the plans shall be installed. If fittings are not specified, then such fittings as are necessary to make the proper connections shall be installed. Wherever crosses or tees are installed for future connections, the section of the fitting not being used shall be plugged with a standard cast-iron plug or cap. Wherever it is necessary to connect to existing lines in use the Contractor shall notify the Water Superintendent of the Owner at least twenty-four (24) hours prior to the time he is ready to make the connection. Together with the Engineer, an agreed time shall be set for such connection to be made. If water service is to be interrupted, the time for making the connection shall be at the discretion of the Water Superintendent and Engineer, and the Contractor shall make such connections at the time specified. When making connections to water lines in service, it is of the utmost importance that the Contractor shall make such connections as quickly as possible and water service shall not be cut off until the Contractor has everything in readiness to the satisfaction of the Engineer. No valves or hydrants in service shall be opened or closed by anyone other than the persons authorized by the Owner. Where connections, other than service taps are to be made under pressure to water lines in service, standard cutting -in -sleeves and valves shall be used. They shall be placed according to the recommendation of the manufacturer and the instructions of the Engineer. After the sleeve, tapping valve and all necessary equipment have been set in position the cut shall be made in the presence of the Engineer and the Water Superintendent of the Owner, so if trouble should develop it could be remedied in the most speedy manner possible. Cutting -in -sleeves and valves shall be Mueller, or equal. Where tees, valves, crosses or other fittings are to be installed in existing lines, a section of sufficient length of the existing line shall be Water and Sewer Pipe Laying - 16 J r removed to allow the installation of the fitting, a short section of pipe and a connecting sleeve. The use of cutting -in -sleeves for lead caulked joints will be permitted if approved by the Engineer in advance. The use of so-called cutting -in valves, tees, or crosses will not be permitted. In all cases sufficient room to allow joints as herein specified shall be provided. STERILIZATION OF PIPES All pipes are to be sterilized, after laying is completed, by holding a chlorine solution of at least 50 ppm strength in •the pipes for twelve (12) hours. Sterilization may be carried on at the same time the leak test is made as outlined above. After the lines are sterilized, samples shall be taken from each of the respective sections of the lines and tested in an approved laboratory. The lines shall not be placed in operation until two consecutive samples showing negative reports are received on each of the respective sections. Pipe used in force mains where the water is to be filtered, and for use in sewer construction, need not be sterilized. However, pipe used in force mains, where water is to be used without filtration, shall be sterilized. FENCES Wherever the line crosses fences it shall be the duty of the Contractor to repair such breaks as it is necessary to make. 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. CROSSING STATE HIGHWAYS Wherever the line crosses a Superintendent, of the particular Contractor, together with the Mai for detours and the protection of shall expedite the work as rapidly Federal or State Highway the Maintenance division involved will be notified. The ntenance Engineer shall make such provision the public as is necessary. The Contractor as possible. MEASUREMENT AND PAYMENT FOR WATER MAINS, VALVES, FITTINGS AND HYDRANTS Unless otherwise set out in the Proposal, or the DETAILED SPECIFICATIONS, payment for installation of pipe shall be according to the actual measurements of linear feet of pipe complete in place. No deduction shall be made for valves, fittings, hydrants or other specials included in the length of the line, but measurements shall be made from centerline of connection to end of any main or branch line. If pipe is joined to fittings in. place, then measurements shall be from the end of the first piece of pipe laid. In special structures such as creek crossings, buildings or other items in which lump sum or other methods of payment include payment for pipe and fittings, such pipe and fittings shall not be included in the units measured for payment for pipe in place. The unit prices set out in the Proposal for the various sizes, classes, and kinds of pipe shall include the furnishings of all labor for construction and testing the lines according to the plans and specifications and as Water and Sewer Pipe Laying - 17 T'K 8 J directed by the Engineer. It shall include excavation and backfill, street repair, branch crossing, connection to existing lines and mains and every other item of construction except those items specifically set out as separate items of payment in the General and DETAILED SPECIFICATIONS or the Proposal. Unless otherwise set out in the DETAILED SPECIFICATIONS or the Proposal, installation of VALVES shall be paid for according to the unit prices set out in the Proposal for the various types and sizes of valves complete in place. Unless the valves are above ground level or in open parts of buildings, the unit prices shall include installation of valve boxes as specified. Where valves are to be installed in existing lines, the unit prices set out in the Proposal shall include every item of labor and materials necessary for the installation including, all pipes and fittings. Installation of HYDRANTS shall be paid for according to the unit prices set out in the Proposal for the various types and sizes of hydrants specified, complete in. place, including all foundation, backing and encasing materials. Except as otherwise provided in the plans and these specifications, CAST-IRON FITTINGS shall be measured according to the theoretical weights set out in cast-iron manuals or the manufacturer's table of weights, and shall be paid for according to the unit prices set out in the Proposal. The unit prices bid for such fittings shall include all cost of installation and construction. Pipe fittings used in making connections to existing lines shall be paid for according to the weight of the fittings. Pipe nipples used shall be paid for at the unit price set out in the Proposal for the respective size, class and length of pipe. Payment for CUTTING AND REPLACING PAVEMENT shall be as set out in the DETAILED SPECIFICATIONS. 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. Payment for pipe sewers shall include necessary trench excavation and backfill, unless otherwise set out in the DETAILED SPECIFICATIONS. ROCK EXCAVATION Measurement for rock excavation for pipe will be as set out in the DETAILED SPECIFICATIONS. Water and Sewer Pipe Laying - 18 J r Rock excavated shall be measured on the job at the end of each day's operation, and the quantity of rock agreed upon between the Inspector and the Contractor, or the Contractor's representative, shall be recorded and initialed. SEWER MAIN TESTING After sewer mains have been installed and backfilled, all shall be tested for leakage. Infiltration tests or exfiltration tests shall be performed, and allowable leakage shall conform to those prescribed in the latest revision of ASTM A-425 or ASTM C-828. PROTECTION OF WATER SUPPLIES (a) Avoidance of Cross Connections - There shall be no physical connections between a public or private potable water supply system and a sewer, or appurtenance thereto which would permit the passage of any sewage or polluted water into the potable supply. No water pipe shall pass through or come in contact with any part of a sewer manhole. (b) Relation to Water Mains (1) Horizontal Separation - Sewers shall be laid at least 10 feet horizontally from any existing or proposed water main. The distance shall be measured edge to edge. In cases where it is not practical to maintain a ten foot separation, the Engineer may allow installation of the sewer closer to a water main, provided that the water main is in a separate trench or on an undisturbed earth shelf located on one side of the sewer and at an elevation so the bottom of the water main is at least 18 inches above the top of the sewer. (2) Crossings - Sewer crossing water mains shall be laid to provide a minimum vertical distance of 18 inches between the outside of the water main and the outside of the sewer. This shall be the case where the water main is either above or below the sewer. The crossing shall be arranged so that the sewer joints will be equidistant and as far as possible from the water main joints. Where a water main crosses under a sewer, adequate structural support shall be provided for the sewer to prevent •damage to the water main. (3) Special Conditions - When it is impossible to obtain proper horizontal and vertical separation as stipulated above, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested to assure watertightness prior to backfilling. Water and Sewer Pipe Laying - 19 1 �T r'� �'8k4fh�d8 I DETAILED SPECIFICATIONS SEWER IMPROVEMENTS ARMSTRONG AVENUE FAYETTEVILLE, ARKANSAS Job No. 82-136 Dated: October, 1982 1. SCOPE OF THE WORK. The work to be included under this contract as shown on the Plans and provided for in the Specifications includes the furnishing of all equipment, labor, tools, supplies., and materials required for the construction of sewer main extension and related work as provided for in the Proposal. 2. GENERAL SPECIFICATIONS. The General Specifications covering the various phases of work set out in these Specifications which precede the Detailed Specifications shall govern and control all work to which,. in the opinion of the Engineer, they apply. Since the General Specifications are, as the name implies, general in nature, 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 Specifications, the Detailed Specifications shall govern.. The General Specifications included herein are: Concrete Pipe and Pipe Fittings Water and Sewer Pipe Laying 3. PAYMENT. Methods of payment provided for in the General Specifications are in some cases superseded by specific conditions set out in the Proposal and Detailed Specifications. In such cases, the provisions of the Proposal and Detailed Specifications shall apply. 4. QUALITY OF THE PLANS. The Plans have been made with care but cannot be assumed to be correct in every detail when many of the conditions to be encountered are not shown on existing maps and are underground. The approximate location of existing underground water, and utility lines are shown. The placing of this information on the Plans in no way obligates the Owner as to its correctness, as it is indicative only and is placed there for the information and assistance to the Contractor. J L�I_S iI OR ATTM r PK It is the expressed intent of these Plans and Specifications that the Contractor is to make his own investigation of conditions to be encountered, including rock and underground water, and the submission of the Proposal by the Contractor for the work constitutes his compliance with this requirement. 5. ALTERATION OF PLANNED QUANTITIES AND CONDITIONS. The Owner reserves the right to alter the location, grade and other conditions pertaining to the items of construction within the Contract if it is deemed to be in the best interest to provide the needed service and/or facilitate construction. Likewise, the Owner may order a change in the quantity of any item, in which case the cost to the Owner for those set items shall be based upon the unit prices bid in the Proposal. In addition, certain items may be deleted, i.n which case credit to the Owner will be determined also by the unit prices in the Proposal. 6. COOPERATION WITH THE OWNER. Since the work to be done involves the connection of sewer mains to those existing mains belonging to the City of Fayetteville, the closest cooperation between the Contractor and the City is required. The Contractor shall be liable for all damages of whatever type that he may cause to the Owner's facilities. 7. PROXIMITY TO EXISTING UTILITIES. The sewer main to be constructed hereunder will be placed in easements presently occupied by water lines, gas lines, telephone lines, and electrical power lines. The Contractor shall exert every effort so that the existing utility lines will not be disturbed nor service interrupted. An attempt has been made to provide information relative to the location and existence of these lines but in some cases it may be that the information is incorrect or incomplete. The Contractor shall maintain close cooperation with the facilities engineer to ascertain the validity of the information supplied. The Contractor shall be responsible for cost of repairs to any and all lines caused by his work hereunder. The Plans show the approximate locations of a required high pressure gas line crossing. It is possible that after excavating around the existing 18 -inch sewer line and the gas line, it may be found necessary to raise the gas line to provide adequate clearance. Should this be the case, the Contractor shall be responsible for coordinating this work with Arkansas Western Gas Company and paying all costs associated with same.. The Plans also show the approximate location of an existing 8 -inch water line to be crossed by the sewer line. Prior to laying pipe out of Manhole No. 4, the Contractor shall excavate the water line and verify its location and elevation. 8. TRENCHING AND BACKFILLING. Trenching shall be conducted as described under General Specifications entitled Water and Sewer Pipe Laying contained herein. Trenching through rock shall be carried down past the prescribed grade a minimum distance of six (6) inches. Further excavation may be ordered by the engineer if, in his opinion, conditions so warrant to prevent future breaking of the pipe. A fine crushed material, sand or loam shall be used Detailed Specifications - 2 nivI LL If J r above the rock to cushion the pipe. Backfilling shall be conducted in a workmanlike, conscientious manner. The trench shall be backfilled in "lifts" not to exceed six (6) inches, each lift being tamped by hand or mechanical means prior to placing the succeeding six inch lift. This procedure shall be followed until a minimum of twelve inches of material has been placed over the bell of the pipe. Material placed thusly shall consist •of only sand/clay material. No large stones, frozen lumps, broken concrete, asphalt or other large, hard material shall be used in the first 24 inches of the backfill. Backfilling of street crossings and driveways shall be done entirely in six inch lifts using SB-2 or similar granular, non -plastic material. No power equipment normally used to push or dump earth material shall be used. Hand filling and mechanical or hand tamping will be required, and the Engineer may direct that the fill materials be slightly moistened to assist in its consolidation. Materials saturated with water will not be used in the backfill. Backfill material shall be consolidated until it reaches a density equal to that found in the undisturbed earth adjacent to the trench. Trenches cut for sewer main installation shall be hand -graded to eliminate high and low places, thus preventing beam action of the pipe. Hand grading of the trench bed and/or bedding material shall be required for proper support of the pipe. No extra payment will be made for any special bedding or backfill materials which may be required. 9. LAWS, CODES AND ORDINANCES. These Plans and Specifications are to be regarded as minimum requirements. The Contractor shall further comply with all applicable Federal, State, and Local requirements. All material and equipment shall be new, of the best quality and design and free from defects. All material and equipment furnished in quantity shall be of one manufacturer for each item unless otherwise specified by the Engineer. 10. GUARANTEE. The Contractor, by acceptance of these Plans and Specifications and signing of contract, acknowledges his acquaintance with all requirements and guarantees that every part going to make up the system as herein described shall be as specified and will be erected in a most thorough and substantial manner by experienced labor. He guarantees that all conduit as provided in this Specification will be free from all obstruction of every description and will be free from holes or broken places and well bonded together. He further guarantees to hold himself responsible for any defects which may develop in any part of the entire system, including apparatus and appliances as provided for under the Specifications, due to faulty workmanship, design, or material for a period of one year from date of final acceptance and shall repair or replace any defects occurring during this period without cost to the Owner and to the complete satisfaction of the Engineer. Detailed Specifications - 3 J lam' ` �L r 11. PLANS AND SPECIFICATIONS. The Plans and Specifications are to be construed according to full intent, meaning and spirit when taken either together or separately. Plans and Specifications taken co -jointly shall be deemed to explain each other and be descriptive of necessary work to be performed under this contract. Any apparent discrepancy in either Plans or Specifications shall be promptly reported to the Engineer, who is the sole interpreter of the meaning of the Plans and Specifications, and his directions shall be followed. If anything is shown on the Plans and not mentioned in the Specifications, or vice -versa, the work shall be fully executed and carried out the same as if mentioned in the Specifications and shown on the Plans. 12. SITE INSPECTION. The Contractor shall inspect the site, study existing conditions, check with Plans and Specifications, and be fully informed as to work required to complete the Contract. No allowance will be made for misunderstanding after the contract has been awarded. 13. FEES, PERMITS, ETC. The Contractor shall pay all fees, licenses, permits, inspections, etc., incurred in obtaining services and installing work and shall deliver to the Owner at completion of the job all permits, inspections approvals, etc. 14. CLEAN UP. Cleaning the job site as work proceeds shall be of critical importance under this contract. The Contractor shall be required to maintain a separate crew, as necessary, to clean up and remove debris immediately behind the pipe laying crew, or to otherwise provide for proper and thorough clean up. Failure to perform this function will result in an order from the Engineer to cease laying pipe or to cease performing other work until the clean up is complete. Good public relations are an essential part of this work, and the .Contractor is hereby advised accordingly. Part of the consideration in keeping the job clean lies in constructing manholes immediately following the pipe laying operation. In similar fashion, the Contractor shall construct manholes promptly and backfill each as rapidly as possible. 15. ROCK EXCAVATION. Rock excavation shall be a separate pay item in this project. Paragraph 8 of these Detailed Specifications describes the depth of excavation below the pipe, and the cushioning material and method of safe -guarding the pipe. Rock is defined, for the purposes of these Specifications, as sandstone, hard shale, limestone or very hard chert which cannot be removed without the use of an air hammer or by drilling and blasting. Boulders larger than 1/4 cubic yard in size shall be classified as rock also for compensation purposes. The Contractor shall exercise extreme care in blasting. See the requirements pertaining to insurance in the General Provisions of these Specifications. The Contractor hereunder shall be required to furnish evidence of blasting insurance in the amounts shown. No rock excavation is expected for completion of this job. Detailed Specifications - 4 L J 1 METHOD OF MEASUREMENT AND BASIS FOR PAYMENT Rock excavation will be measured daily in the open trench, only after the Engineer has determined that the excavation qualifies as rock excavation. The length of rock excavated, multiplied by the depth, multiplied by the width shall determine the quantity of rock excavation. The maximum width of rock excavation,for pay purposes shall be thirty inches (30"). The quantity of rock excavation so determined will be paid for at the unit price bid in the Proposal. 17. SEWER PIPE. The bid price for this item shall include trenching, furnishing and laying pipe, backfilling, seeding, clean-up and restoration work, testing and all work incidental to placing the sewer pipe. The pipe for this project is to be 10 -inch or 12 -inch diameter vitrified clay or ABS truss pipe as determined by the Owner's selection of the alternate bid items in the Proposal. . An exception to these materials is the ductile iron pipe specifically called for on the Plans at the crossing of Commerce Drive.The pipe shall be laid•on the line and grade as established by the Engineer in the field. The Engineer will establish sewer line grades at the manhole for laying of the sewer pipeS with the use of a laser. The Contractor shall be responsible for setting intermediate grade stakes if a laser is not used for laying of the sewer line. Vitrified clay sewer pipe shall be extra strength, have PVC joint construction, and shall conform to the requirements of the General Specifications, Pipe and Pipe Fittings. Truss pipe shall be of ABS composite construction as manufactured by Armco, or equal, conforming to ASTM D-2680-74 or latest revision. Ductile iron pipe shall be Class 50 conforming to the requirements of the General Specifications. METHOD OF MEASUREMENT AND BASIS FOR PAYMENT Al] sewer pipe, as laid and accepted, will be measured in the field through all manholes and through the street crossing. The total pipe laid and accepted will be paid for at the unit prices per foot' bid in the Proposal. 18. MANHOLES. The Contractor shall furnish all tools, equipment, labor, and materials to construct manholes for this project. They shall be poured -in -place concrete manholes, as shown on the Plans. The Contractor shall seal around all influent and effluent pipes with care, to prevent infiltration of storm water. Manhole frames and covers shall be of the 300 lb., street type, and shall be placed to conform to the grade and slope of the matching ground, concrete or asphalt surface. Special care shall be taken during construction of Manhole No. 1 on the existing sewer line to insure no disruption in sewer service and to insure that no construction materials or debris enter the sewer. Detailed Specifications - 5 L C LAND N GNG C A ATEO G r METHOD OF MEASUREMENT AND BASIS FOR PAYMENT Measurement and payment for manholes shall be for each manhole constructed, tested and accepted including steps, frames and covers at the unit price bid in the Proposal. 19. INFILTRATION - EXFILTRATION TESTS. After lines and manholes are in place and the ditches have settled, but before final street repair and clean-up, all sewer lines shall be tested by the following procedure: Air Test. The equipment for this test shall be identical or equal to the "Air-loc" system manufactured by Cherne Industrial, Inc., Hopkins, Minnesota. The test shall be conducted as follows: 1. All openings shall be plugged; one plug shall have an inlet valve for the introduction of air pressure. 2. Internal pressure shall be brought to a 4.0 psig (pressure is not to exceed 5.0 psig at any time). 3. After the internal pressure has stabilized for at least two minutes, the line shall be "bled off" to a pressure of 3.6 psig. At 3.5 psig the timing shall begin to determine the time required for the pressure to drop to 2.5 psig. If this time (in minutes) is greater than that shown in the table below, the pipe shall be considered free from defects. Pipe Size (Inches) Minimum Time (Minutes) 6 3.0 8 4.0 10 5.0 12 5.5 18 7.0 If a section of pipe is found to be defective, it shall be tested at 20 -foot intervals to find the exact location of the leak. The leak shall then be repaired and the entire section retested. METHOD OF MEASUREMENT: AND BASIS FOR PAYMENT Measurement and payment for testing shall be subsidiary to payment for sewer pipe. Detailed Specifications - 6 L i r 20, STREET CROSSING The sewer line crossing of Commerce Drive shall be accomplished by boring, if possible. The extent of the required casing, its depth, size, and location are shown on the Plans. The casing shall be smooth wall spiral weld pipe, 0.25 inch minimum wall thickness, and both ends shall be closed with masonry bulkheads. If it is determined that the street crossing cannot be bored because of rock, the Contractor shall obtain approval from and coordinate with representatives of the City to proceed with trenching across the street. The street shall. be trenched only half way across at any time, to allow passage for traffic. Extreme care shall be exercised by the Contractor at all times to assure safety for workmen and passers-by. Flags, barricades, signs, flagmen, and battery -operated blinker lights shall be used to the fullest extent. Pits adjacent to or near the street pavement shall be closed at the earliest possible time. At any time pits must be left open, suitable barricades, lights and signs shall warn all persons of the potential danger. Where street pavement has been cut to allow trenching, the method of repair shall be as follows: The entire trench from five feet outside the curbs shall be backfilled with SB-2, compacted to 95% Modified Proctor density. Base and surface materials shall be removed back 5 feet from the edges of the previously dug trench, a 6 -inch thick concrete slab shall be poured, and after curing the slab shall be tacked and overlaid with 2 inch thick hot mix asphaltic concrete. The finished asphalt surface shall be dense and smooth, laid to neat outside lines, and shall match the adjoining pavement surfaces. The street right-of-way shall be kept clear of all unnecessary obstruction, and, at the completion of crossing the street, the premises shall be cleaned and dressed to immediately eliminate all hazards to vehicular traffic. METHOD OF MEASUREMENT AND BASIS FOR PAYMENT Payment for the street crossing shall be made at the lump sum price bid in the Proposal. Sewer pipe used in the crossing will be paid for under Item No. 1A, 1B, 1C, or 1D of the Proposal. 21. CONCRETE ENCASEMENT Class B concrete having a compressive strength of 2500 psi at 28 days shall be used as shown on the Plans or directed by the Engineer as pipe encasement. Concrete shall be placed to a minimum thickness of six (6) inches around the pipe bell. The concrete shall not be placed until the trench has been inspected by the Engineer. Detailed Specifications - 7 J E`�,TCn r I METHOD OF MEASUREMENT AND BASIS FOR PAYMENT The quantity of concrete placed as encasement v upon the length specified and the width and depth diameter plus one (1) foot. The Contractor will be cubic yards of concrete placed and accepted at the Proposal. Concrete placed outside of the specified considered for compensation purposes. 22. LIQUIDATED DAMAGES ill be calculated based equal to the pipe bell paid for the calculated unit price bid in the dimensions will not be The attention of the Contractor is directed to the provisions of the Contract which govern the assessment of liquidated damages in the amount of $50 per calendar day should the Contractor exceed the time limitations set forth in the Contract. 23. SEQUENCE OF WORK SCHEDULE A sequence of work schedule as described on Page 12 of the General Provisions is not required on this Project. 24. TEMPORARY FACILITIES A temporary field office as described on Page 31 of the General Provisions is not required on this Project. Detailed Specifications - 8 J I APPENDIX Typical Details J fTOMM8 �h�f�E SEE SHT. A-2 FOR NOTES GROUT FRAME FINISH GRAD• I 'I12 MIN. cF 8" / / I i II 9 I I_*111=III= 11 a 4-0" r r — 10 s" 12 ;y FLOW i 11 4,'>: I12 MIN. Il_ IIIEif SECTION 3" CLR. 8 TYPICAL MANHOLE DETAIL A_1 lOMANHOLE RING FRAME AND COVER SHALL BE STANDARD SIZE, 300 LB. SOLID CONSTRUCTION. 2 IF CAST IN PLACE CONCRETE IS POURED BELOW ELEVATION REQUIRED FOR TOP OF RING FRAME TO BE AT GROUND LEVEL, PROVIDE A MAXIMUM OF 3 COURSE OF BRICK, OR GROUT AS DIRECTED BY FIELD ENGINEER TO ATTAIN PROPER ELEVATION. 3 CAST IRON OR FIBERGLASS STEPS @ 16" VERTICALLY. 4 MANHOLE WALLS AND BASE SHALL BE CAST IN PLACE CONCRETE, CLASS A, REINF. BASE W/ #5 @ 12" EACH WAY. 5 EXPANDABLE WATER STOP AS PER MANUFACTURER'S SPECIFICATIONS. 6 SEAL OUTSIDE OF PIPE WITH MORTAR, AS DIRECTED BY FIELD ENGINEER. • 7 SEE PLAN AND PROFILE FOR SEWER. LINE AND SIZE AND INVERT ELEVATIONS. 8 BUILD UP CONCRETE CRADLE UNDER PIPE IN OVER, EXCAVATED AREAS. 9 PROVIDE "V" SHAPE KEYWAY IN MANHOLE BASE. 10 GROUT INVERT AS REQUIRED. 11 NATURAL UNDISTURBED SOIL. 12 FLEXIBLE JOINT IN EACH PIPE WITHIN 2' OF MANHOLE WALL. T Y P I C A L M A N H O L E N 0 T E S EDGE OF HIGHWAY PAVEMENT SYM. ABOUT t TOP OF ROAD SURFACE TOP OF CASING SHALE BE A MIN. OF 30" BELOW DITCH LINE, AND :42u BELOW'ROAD SURFACE I IIIIIhU1 1 ( OF DITCH 8 MIN. 30" MIN. �' II 12" MIN. cru.-- ... GROUT AROUND PIPE NATURAL UNDISTURBED SOIL S TREE T BORING DETAIL x I - a w O w C- 0 EXISTING GROUND _____. -_V=III =III II SLOPE SIDES OF TRENCH IF REQUIRED, OR PROVIDE SHORING AS SAFETY CON- DITIONS REQUIRE. - BACKFILL AS CONDITIONS REQUIRE NATURAL UNDISTURBED u1 SOIL w SEWER PIPE N O.D. I� I OUTSIDE DIAMETER-u1_lil= OF PIPE + 2'-0" SEE SPECIFICATIONS 12" MIN. 6" MIN. f AND,DETAILS FOR OUTSIDE DIAMETER 4f BEDDING REQUIREMENTS OF PIPE +1'-0" TYPICAL TRENCH DETAIL ROCK LINE (±) HAND PLACED BACKFILL LIGHTLY COMPACTED :..,. V.,' BEDDING MATERIAL ROCK EXCAVATION BEDDING DETAIL r .- • �� i — Y A•' -A r i .-.a_, 1 � f L• 1 �`...a _r y y- l -4 1 rA. ' : Z r, _ ,I r v . \ - rA i � ` r _a '- C. 4 l r y r r 1 at Ys. 1 y Y r Y J-�