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HomeMy WebLinkAbout59-83 RESOLUTIONI i 1 < -1‘....21 A RESOLUTION AUTHORIZING THE MAYOR.AND CITY CLERK TO EXECUTE A CONTRACT WITH JOHN MILLER CONSTRUCTION COMPANY FOR AN EXTENSION OF THE BRIDGEWATER LANE WATER LINE AT A TOTAL CONTRACT PRICE OF $15,127.80. RESOLUTION NO. 47183 • 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 John Miller Construction Company for an extension of the Bridgewater Lane Water Line at a total contract price of $15,127.80. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this dlet) day of 1983. •&1; i242 1' e CITY CLERK ,APPROVED. By: MAYOR r SPECIFICATIONS FOR Bridgewater Lane - Water Extension WORK ORDER # 2705 March, 1983 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS CITY ENGINEERS' OFFICE INDEX ADVERTISEMENT FOR BIDS BID BOND PROPOSAL FOR SCHEDULE I ARKANSAS PERFORMANCE AND PAYMENT BOND CONTRACT AGREEMENT INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS OF THE SPECIFICATIONS DETAILED SPECIFICATIONS PART -I CONTRACT STIPULATIONS DETAILED SPECIFICATIONS PART II CONSTRUCTION SPECIFICATIONS DETAILED SPECIFICATIONS PART 111 MATERIALS ADVERTISEMENT FOR BIDS Project No. W.O. 2705 City of Fayetteville (Owner) • Separate sealed bids for Bridgewater Lane - Water Extension . will be received by Sturman Mackey at the office of the Purchasing Officer, Interim City Admin. Bldg. until 10:30 o'clock (A.M.-nM. C.S.T. 6XXX9P.) April 7, 19 83, and then at said office publicly opened and read aloud. The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bond, and other contract documents may be examinedand/or Obtained at the following; City Engineers Office; Interim City Administration Building 115 South Church Street, Fayetteville, Arkansas Copies may be obtained upon payment of $ 10.00 for each set. Any unsuccessful bidder, upon returning such set promptly and in good condition, will be refunded his payment, and any non -bidder upon so returning such a set will be refunded $ 5.00 • The owner reserves the right to waive any informalities or to reject any or all bids. Each bidder must deposit with his bid, security in the amount, form and subject to.the conditions provided in the Information for Bidders. Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract. No bidder may withdraw his bid within 30 days after the actual date of the opening thereof. (Date) BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this day of 19 The condition of the above obligation is such that whereas the Princisal has submitted to certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the NOW THEREFOR, (a) If said Bid shall be rejected, or in the alternate. (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid. then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of the obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Sid; and said Surety does hereby waive notice of any such extension. a IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these Presents to be signed by their proper officers, the day and year first set forth above. Principal Surety SEAL BY: • Proposal of PROPOSAL FOR SCHEDULE I (A UNIT PRICE CONTRACT) Place Date 7-y3. a corporation* orga zed and existing under the laws of the State of , and qualified to do business in the State of Arkansas; a Partnership* consisting of an Individual* trading as )911011.A. k444.4144-11.4114..Ad1/teriLl TO THE CITY OF FAYEITEVIELF, ARKANSAS: The bidder in compliance with your invitation for bids for the construction of Bridgewater Lane Water Extension having examined the Plans and Specifications with related documents and the site of the Pro- posed work, and being familiar with all the conditions surrounding the work, including the availability of materials and labor, hereby proposes to furnish all labor, material, and supplies required to be furnished, and to construct the Project in accordance with the Contract Documents, and at the unit prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on a date to be specified in a written "Word Order" of the Engineer, and to fully complete the project within 30 consecutive calendar days. Bidder acknowledges receipt of the following addenda: * Fill out applicable blank ITEM NO. Bridgewater Lane - Water Extension Base Bid ESTIMATED QUANTITY AND DESCRIPTION 1. 2160 L.F. 6" A.C. Water Line Class 200 Complete in Place 2. 2 Each 6" Gate Valve with Box Complete in Place 3. 1 Each UNIT** PRICE Dollars 4vudAvidisat Dollars 0 TOTAL ia 960 • 00 $ alltagazp -442-Ati ,;4100 a $34Yr‘o $ 6 97,•zo Blow -off Assembly ita-nad1411-da, Complete in Place Dollars 85-C.Y. SB -2 .6kx44 100 Do lars 5. 70 L.F. 12" Steel Encasement Pipe aoti 7" Minimum le Wall Thickness • TOTAL Dollars $ /O. S-9 $ 141/430 Dollars Dollars $ 7,47,80 ITEM NO. 43ridgewater Lane 7 Water Extensitn Alternate Bid "A" ESTIMATED QUANTITY AND DESCRIPTION 1) 2160 L.F. 2" P.V.C. Class 200 (SDR -21) Waterline Complete in Place 2) 2 Ea. 2" Gate Valve with Box Complete in Place 3) 1 Ea. Complete Blow -off Assembly 4) 60 C.Y. of SB -2 70 L.F. 6" Steel Encasement Pipe (Min. 1/4" Wall Thickness) 2 go° Bonito 7e 422444 drnim.sic Qee20043/42W UNIT** PRICE 317 me/ Dollars TOTAL $ 5074loo tOcellaftearditA5-1144A- Dollars $ /36/o0 $ ..??Of a° 4c,444.441/44441 Dollars $ /70,00 /70.00 Dollars $ •sli $ 3 99. go jcitcrei 7'00 Dollars $ 2,63 $ /15.00 40.0 tiawe Dollars $.200. 00 Dollars TOTAL $ 0183 00 $ 4200..90 ITEM NO. jBridgewater Lane,- Water ExtensiolP Alternate Bid II B ESTIMATED QUANTITY AND DESCRIPTION UNIT** PRICE 1) 2160 L.F. 6" D.I.P. Class 51 1614141inwo Complete in Place Dollars TOTAL $ 1;00 s /5120' od Dollars• $ 697-20 Dollars $ /70.co Dollars $ 559.30 Dollars $ '741/30 Dollars Dollars TOTAL $ ** Unit prices to be shown in words and figures. In case of discrepancy =mount shown in words will govern. The above unit prices shall include all labor, materials, bailing, shoring, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of Sixty (60) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within ten (10) days and deliver the Surety Bond or Bonds as reauired by Paraaraph 8 of the General Conditions. The bid security attached in the sum of is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liauidated damages for the delay and additional expense to the Ownet caused thereby. 'Respectfully Submitted: SEAL - if bid is by a corporation Yy/04 42,-4( ievr c/437;)701 (Business Address and Code) CONTRACT AGREEMENT 1. This Contract and Agreement, made and entered into this 3rd. day of May , 19 83, by and.between the City or Fayetteville, Arkansas, Party of the First Part, acting through its' duly authorized representative, and John Miller, Rt. 4, Box 483, Fayetteville, Arkansas 72701 Party of the Second Part: WITNESSETH: That for and in consideration of the payments to be made as hereinafter set forth, the Party of the Second Part hereby agrees to furnish all tools, labor, eauipment, materials, and supplies required to be furnished and to construct -the improvements designated as Work Order 2705 Bridgewater Lane Water Extension.: for the City of Fayetteville Arkansas, in exact accordance with the Plans on file at the office of the Party of the First Part, and Specifications, Proposals, Stipulations, and Special Provisions attached hereto and made a part hereof as fully as though copied herein, under the direct supervision and to the entire satisfaction of the Party of the First Part and in accordance with the laws of the State of Arkansas. Base Bid 2. It is further agreed and understood by and between the parties hereunto that the Party of the First Part agrees to pay and the Partv'of the Second Part agrees to accept as full and final compensation for all work done under this agreement, the unit prices named in the Proposal which is hereto attached, such pallment to be made in lawful money of the United States, at the time and in the manner set forth in the Specifications. 3. The Party of the Second Part agrees, for the consideration above expressed, to begin and complete the work within the time specified in the Proposal. If the Party of the Second Part shall fail to complete the work in the time specified, he shall pay to the Party of the First Part, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the amount specified in the Proposal for each day delayed, for each Schedule delayed, which shall be deducted from the final affiount to be paid under the contract, provided that extensions of time with waiver of liquidated damages may be granted as provided for in the Specifications. 4. The Party of the Second Part agrees to furnish a Bond, with an approved Surety thereon, guaranteeing the performance of this Contract, as reauired by the laws pf the State of Arkansas, and for not less than one hundred (100) percent of the amount of this contract. Said Bond shall be conditioned on full and complete performance of this Contract and acceptance by the Water and Sewer Department for the pament of all labor and materials entering into or incident to the proposed improvements and shall guarantee the work against faulty workmanshio or materials for a period of one (1) year after completion. The Surety on said Bond shall be a Surety Company of financial resources satisfactory to the Party of the First Part, and authorized to do business in the State of Arkansas. 5. The Party of the Second Part agrees also to carry Public Liability Insurance, Property Damage Insurance, and Workmen'.5 Compensation Insurance in amounts as required by these Specifiations. WITNESS OUR HANDS THIS. WITNESS: ,orr SEAL (if any) WITNESS. 3rd DAY OF May CITY OF FAYETTEVILLE FAYpTtVjILLE, By Affix Cor orate Seal here (if anti) 1983 dett4& flavor of F yetrteville JOHN MILLER BACKHOE AND DUMP TRUCK SERVICE CONTRACTOR NAME AND TITLE Rt. 4, Box 483, Fayetteville, Arkansas 72701 BUSINESS ADDRESS INSTRUCTIONS. TO BIDDERS 1. QUALIFICATIONS OF CONTRACTORS: Before submitting a bid, bidders must be licensed under the terMs of Act 150 of the 1965 Acts of the Arkansas General Assembly, and the successful bidder must be legally qualified in all respects tp do business in the State of Arkansas. When called upon to do so after receipt of Proposals, bidder shall prepare a Financial Statement, Experience Record, and Equipment' Schedule. Thesestatements shall reflect the current status of the bidder. The statements of each bidder must show net liauid assets or credit facilities in an amount of not less than fifteen (15) percent of the total amount bid.. Each bidder must have had at least three (3) year's exPerience. in construction of similar improvements and must have successfully completed at least three (3) such projects. Each bidder must have equipment available which, in the opinion of the Engineer, is adeguate to complete the work under these Specifications,in the time allowed for completion. Should any bids be received from bidders whose statement, when filed, fail to show that the bidder's qualifications meet the minimum requirements above -enumerated, such bids may be rejected. 2. LOCAL CONDITIONS: Bidders shall read the Specifications, examine the Plans, and make their own estimates of the existing facilities and the difficulties which will attend the execution of the work called for by the proposed Contract, including local conditions, .uncertainty of weather, and all other contingencies. Bidders shall satisfy themselves by personal examination of the location of the proposed work, and by such means as they may choose, as to actual conditions and requirements. Information derived from the Plans and Specifications or from the Engineer or his assistants shall not relieve the bidder of this rESponsibility. 3. PROPOSAL .GUARANTEES: Proposals must be accompanied by either a certified or cashier's check, drawn on a National Bank or a bank having membership in the Federal Reserve System, or a Bid Bond executed by a satisfactory Surety. The proposal guarantee shall be in an amount not less than five (5) percent of the bid and made payable to the Contracting Authority to whom the Proposal is made. A lesser amount will not be accepted. The proposal guarantee, or other bid qualifications, shall be sealed in a separate enVelope firmly attached to the outside of the sealed Proposal. The outer envelope shall be opened first, and if the documents are not found . to be in order, the sealed Proposal shall be returned to the bidder unopened. The amount of any check or bond shall be retained by the Contradting Authority as licuidated damages in case the bidder neglects or refuses to enter into a contract and to furnish the required contract bond within ton (10) days- after the presc ihed contract and bond forms are presented for signature. 'Checks of unsuccessful bidders will be returned immediatcay afte a contract has been executed. 4. PROPOSALS: (a) Proposals shall be strictly in accord ';,ith the prescribed forms, furnished with the Specifications. Any modifications or deviations therefrom may be considered sufficient cause for rejection. (b) The bidder shall state in words and figures the lumo sum and unit prices for which he proposes to do each item of work covered by the Proposal. In case words and figures do not agree, the words shall govern and the figures shall be disregarded. (c) It is to be understood that the lump sum required in the Proposal is for the furnishing of all materials required to be furnished and the doing of all work required under these Contract Documents, including items for which no quantities are given, and the quantities given in the "List of Variable Quantities" at the end of the Proposal. The "Unit Prices for Variation of Quantities" reauired are for adlist.enL of the "Easic Bid" by reason of variation of actual variable Quantities from the quantities given in the "List of Variable Quantities'. In case unit prices are not required, it is to be understood that the lump sum reauired in the Prcoosal is for the furnishing of all materials reauired to be furnished and the doing of all work required under these Contract Documents. (d) Proposals may be submitted for any or all Schedules, if more than one Schedule is included in the work, but bidders submitting a proposal for a "construction" Schedule must submit a proposal for any other Schedule of work incident thereto, such as "Electrical" and "Plumbina". Where a bidder bids on more than one Schedule and desires to accept the proposal, but anv reservation on the part of the bidder to make a decision on what Schedules he will accept after bids are opened will render the bid null and void. (e) Proposals must be signed, in writing, by an individual authorized to bind the bidder. (f) Proposals must be submitted complete, with all other Contract Documents in their original binding as furnished by the Engineer. They must be submitted at the Place and on or before the time specified in the Advertisement for Bids. (g) Proposals must be submitted in sealed envelopes addressed to the Contracting authority, and clearly marked on the outside of the envelope, "Proposal for Construction Contract" to be opened at (date and time). The Bidder's current Arkansas Contractor's license number must be marked on the envelope. (h) The Contracting Authority will not consider bids covering only a portion of these Szecifications. (i) The unbalancing of bids will. not be tolerated. Evidence of material unbalancing will be considered cause for rejection. 5. MODIFICATION OF BIDS: No modification of bids already submitted will be donsidered unless such modifications are received prior to the hour set for oPenina. 6. BID BONDS, CONTRACT BONDS, AND INSURANCE: Attention of bidders is called to Act 82 of the 1935 Acts of the Arkansas General Assembly, which reauires that all bid bonds, nerformance bonds, labor bonds, employer's liability insurance, public liability insurance, workmen's collective insurance, and property damage insurance must he secured through resident agents of Arkansas. 7. CLARIFICATION OF CONTRACT COCUNENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the Plans, Specifications, or other proposed Contract Documents, he may submit to the Engineer a written reauest for any interpretation thereof. The person submiti-ing the request will be responsible for its Prompt delivery. Any interpretation of the proposed Documents will be made only by an Addendum duly issued, and a copy of such Addendum will be mailed to each person who has previously secured or who subseauently secures a set of Documents. The Contracting Authority will not be responsible for any other explanations or interpretations of the proposed Cocunents. EXECUTION OF CONTRACT DOC=ENTS: Following the -award and within ten (10) days, provided for in the Proposal, the successful bidder shall properly execute five (5) counterparts of the Contract Documents. 9. BASIS OF AWARD: Bids will be considered on the basis of the total bid price or prices given in the Proposal. In the event Unit Prices are required they will not be considered except that evidence of serious unbalancing of the Unit Prices shall be considered cause for rejection of bids. The Contract(s) will be awarded to the bidder (or bidders in the case of more than one Schedule of Work) submitting the lowest and best bid (or combination of bids), considering the Contractor's experience and ability to do the work, and the character and quality of the equipment he proposes to furnish. The Contracting Authority reserves the right to select such bids or combination of bids which in its opinion would serve its interest best. The Contracting Authority reserves the right to select between any Alternatives in the Prorcsal. • 10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS: If this contract is less than $ 20,000.00 the following exception applies: The Contract or is not required to be licensed under the terms of Act 150 or the 1965 Acts of the General Assembly. 11. TIME OF COMPLETION AND L OUIDATED DAMAGES: Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the Project within 30 consecutive calendar days thereafter. 12. NOTICE OF SPECIAL CONDITIONS: Attention is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. (d) Special equipment which the Contractor must use on the job. 13. SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work performed under this contract, the Contractor shall: 1. Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the "Federal Register", Volume 36, No. 75, Saturday, April 17, 1971. 2. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and pronerty. 3. :Caintain at his office or other well known place at the job site, all articles necessary For giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctors care of persons (including employees), who may be injured on the cb site. r- no (rase shall employees be permitted to work at a jcb site ;efore rhe employer has made a standing arrangement for the removal or injured rx2rsons to a hospital or a doctors care. GENERAL CONDITIONS OF THE SPECIFICATIONS 1. GENERAL DESCRIDTION: The work embraced in these Contract Documents cons sts of the following: Bridgewater Lane Water Extension 2. DEFINITION OF TERMS: Wherever in these Documents the following terms are used, they are understood to have the following meanings: "OWNER" or "CONTRACTING AUTHORITY" shall mean the City of Fayetteville, Arkansas. "ENGINEERS" or "ENGINEER" shall mean the City Engineer, Favetret,ille, Arkansas, City Administration Building, 115 South Church Street (P.O. Drawer "F"), Fayetteville, Arkansas. "CONTRACTOR" shall mean the individual, partnership, or corporation that may have entered into the contract with the Contracting Authority to perform the work specified herein. "WORK" shall mean the furnishing of all necessary tools, labor, equipment, materialE; and supplies required to be furnished bv the . Contractor under these Specifications. 3. LAWS AND REGULATIONS: All work shall be done in conformity with the laws of the State of Arkansas, and any subdivision thereof, municipal and local laws and ordinances, and all applicable federal statutes, laws or regulations. No convict labor shall.be employed on this project. 4. CONTRACT DOCUMENTS: The "Advertisement for Bids', the ."Proposal', the "Bond" the "Instructions t Specifications", component materials o Bidders", the "General Conditions", the "Detailed and the "Plans", are each and all of the Specifications parts to the agreements governing the work to be done and the and ecuipment to be furnished. The Contract Documents are complimentary, and what is called for by one shall be as binding as if called for by all. The intention of the Documents is to include all tools, labor, equipment, materials and sucplies necessary for the proPer execution of the work. Materials or work described in words which so applied have a well-known Technical or Trade meaning shall be held to refer to such recognized meaning. provided: The following copies of the executed Contract Documents will be One for the Contracting Authority, One for the successful Bidder, One for the Engineer, One for the Surety, One for filing with the Circuit Clerk in the County where t Work is to be performed. 5. SUBCONTRACTS: The Contractor shall, as soon as practicable after the sianing cf the Contract, submit to the Enaineer, in writina, the names of any Sub- contractors he pronoses for any part of the work. The Engineer's approval must be secured, in writing, on all contracts before they are made and signed. The Contractor shall be held fully responsible to the Contractinc Authority and the Engineer for the acts and omissions of his Subcontractors and of the persons directly or indirectly employed by his Subcontractors. Nothing contained in these Specifications or in the Contract Documents shall create any contractual relation between any Subcontractor and the Contracting Authority. 6. THE CONTRACTOR: It is understood and agreed that the Contractor has satisfied him- self as to the nature and location of the work, the conformation of the ground, the character, quality, and auantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general local conditions, and all other matters which can in any way affect the work under this Contract. :aa verbal agreement or conversation with an': officer, agent, or employee of the Contracting Authority or Engineer, either before or after the execution of this Contract, shall affact or modify any of the terms or obligations herein contained. 7. THE ENGINEER; The Contracting Authbrity contemplates and the Contractor shall permit and make possible a thorough inspection by the Engineer of all work and materials furnished under the Contract Documents. The Contractor shall perform the work to the satisfaction of the Engineer. No work shall be performed by the Contractor without the knowledge and aperoval of the Engineer. The Contractor shall be an "independent contractor" with full power and authority to select the means, methods and manner of performing the work, being responsible to the Contracting Authority for all materials delivered and the results contracted for. The authority of any represen- tative of the Contracting Authority of the Engineer is limited to such determinations concerning the interpretation and performance of the Contract Documents. The failure of any representative of the Contracting Authority or of the Engineer to condemn or reject work or materials, or otherwise to exercise any function entrusted to him, shall not excuse the Contractor from the faithful performance of this Contract, nor shall such action imply any acceptance by the Contracting Authority or by the Engineer of faulty work or materials. The Engineer shall, within a reasonable time after presentation, make decisions in writing on claims arising between the Contracting Authority and the Contractor and shall make interpretations of plans and specifications. BOND: CoincidentHwith the execution of the Contract, the Contractor shall furnish a good and sufficient surety bond in the amount of ninety-five (95) percent of the conTract sum, guaranteeing the faithful performance of all covenants, stipulations, and agreements of the Contract, the payment of all bills and obligations arising from the execution and perforance of the Contract, and guaranteeing the work against faulty workmanship and materils during construction and for one year after completion, all provisions of the bond to be complete and in full accordance with the statutory require- ments. The bond shall be executed with the proper Sureties through a company licensed and qualified to operate in the State and anoroyed by the Con- tracting Authority. If at any time during the continuance of the Contractr the Surety on the Contractor's bond becomes irresponsible, the Contracting Authority shall have the right to require additional sufficient Sureties which the Contractor shall furnish to the satisfaction of the Contracting Authority within'ten (10) days after the notice to do so. In default, thereof, the contract may be suspended, and all payments or money due the Contractor withheld. The bond must be filed with the Circuit Clerk of the County in Which the work is to be performed before any work under the Contract is performed. form of this bond is attached hereto and made a part of these SpeciatIons.