HomeMy WebLinkAbout64-86 RESOLUTIONc
Olt
RESOLUTION NO. 64-86
•
A RESOLUTION AUTHORIZING THE MAYOR, CITY riFRK
AND CITY MANAGER TO EXECUTE A SEWER RELOCATION
AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND
THE FAYhwIEVILLE SEWER DEPARTMENT FOR REIMB[JRSEMENT
OF EXPENSES INCURRED IN RELOCATING SEWER LINES
AT OLD MISSOURI ROAD AND MUD CREEK. .
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAME TEVIILE,
ARKANSAS:
That the Mayor, City
and directed to execute a
of expenses incurred in
and Mud Creek. A copy of
is attached hereto marked
Clerk and City Manager are hereby authorized
sewer relocation agreement for reimbursement
relocating sewer lines at Old Missouri Road
the agreement authorized for execution hereby
Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 3rd day of June
, 1986.
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
CONTRACT
,ynv
THIS AGREEMENT, made and entered into this day of , 1986
by and between the City of Fayetteville, Arkansas, Parties of the First Part,
hereinafter called the OWNER and McClinton -Anchor 7M, a Division of
APAC-Arkansas Inc. Party of the Second Part, hereinafter called the
CONTRACTOR.
WITNESSETH THAT:
WHEREAS, the OWNER has called for bids for the construction of a New
Access Road to the V. A. Medical Center as set out in the Specifications and
Plans No. 85-149 and;
WHEREAS, the CONTRACTOR is the lowest and best bidder for the
construction of said improvements hereinafter set out, pursuant to the
published calls for bids under said Plans and Specifications.
NOW THEREFORE, the CONTRACTOR agrees with the Owner to commence and
complete the construction of the the revised scope of said road improvements,
including site grading, drainage, earth embankment, pavement, landscaping,
and other tasks as designated in the project Plans and.Specifications for the
unit prices bid in the Proposal, based upon the estimated quantities for the
Total Base Bid Items 1 through 13 and 15 through 34, the total being, Ninety
Eight Thousand, Two Dollars and Seventy Five Cents ($ 98,002.75 ) such
sum being the agreed amount upon which bonds and liabilities are based, and
at his own cost and expense furnish all materials, supplies, labor,
machinery, equipment, tools, supervision, bonds, insurance, taxes, permits,
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 Provisions and Specifications, and in accordance with the Plans,
which include all maps, plats, blueprints, and other drawings, and written or
printed explanatory matter hereof.
The CONTRACTOR agrees to fully complete all work under this Contract
within 90 calendar days. 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 Specifications, and to make payment on account thereof as provided
below.
MKle lland
Mt -0716.417, >ervel Consuuing
As soon as is practicable after the first of each calendar month, the
OWNER will make partial payments to the CONTRACTOR for work performed during
the preceding calendar month, based upon the Engineer's estimate of work
completed, said estimate being certified by the CONTRACTOR and accepted by
the OWNER. Except as otherwise provided by law, ten percent (10%) of each
approved estimate shall be retained by the OWNER until 50 percent project
completion at which time no additional retainage will be retained without
reasonable justification by the OWNER or his representative. Upon final
completion and acceptance by the OWNER and ENGINEER, the ENGINEER shall then
issue a Final Estimate of work done based upon the original contract and
subsequent changes made and agreed upon, if any.
Time is hereby expressly declared to be of the essence of this contract,
and the time of beginning, manner of progress and time of completion of the
work hereunder, shall be and are essential conditions hereof.
The CONTRACTOR agrees to commence the work within ten (10) calendar days
from the date of the issuance of the Notice to Proceed, and to proceed with
the construction of the work and to prosecute the work with an adequate force
and in a manner so as to complete the work within the time stipulated herein.
if the Contractor fails to complete the contract within the time stipulated
herein, the CONTRACTOR agrees to pay the OWNER, as liquidated damages, the
sum of one hundred fifty dollars ($150.00) per day for each calendar day of
delay in completion, said amounts being fixed and agreed upon by and between
the parties hereto. Because of the impracticability and extreme difficulty
in fixing and ascertaining the actual damages the OWNER would in such event
sustain, said amounts are to be presumed by the parties to this contract to
be the amounts of damage the OWNER would sustain. Said amounts of liquidated
damages shall be deductible from any amount due the CONTRACTOR under Final
Estimate of said work, after the completion thereof, and CONTRACTOR shall be
entitled only to the Final Estimate, less such amounts of liquidated damages.
If the CONTRACTOR is delayed at any time in the progress of the work by
any act or neglect of the OWNER or of his employees, or by any other
CONTRACTOR employed by the OWNER, or by changes ordered in the work, or by
strikes, lockouts, fire, unusual delay in transportation, unavoidable
casualties or any causes beyond the CONTRACTOR's control, or by delay
authorized by the Engineer pending arbitration, or by any cause which the
Engineer shall decide to justify the delay, then the time of completion may
be extended for such reasonable time as the Engineer may decide, subject to
agreement by the OWNER.
No such extension shall be made for delay occurring more than seven (7)
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 the CONTRACTOR by the OWNER or by the ENGINEER, then the OWNER shall
Contract - 2
J
wares,
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; or requiring the surety hereto, upon ten (10) days
notice, to complete and carry out the contract of the CONTRACTOR, and in that
event, should the surety fail, neglect or refuse to carry out said contract,
said OWNER may complete the contract at its own expense, and maintain an
action against the CONTRACTOR and the surety hereto for the actual cost of
same; together with any damages or other expense sustained or incurred by the
OWNER in completing this contract less the total amount provided for
hereunder to be paid the CONTRACTOR, upon the completion of this Contract.
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 seals respectively.
'. Seal -`C;
tit t
L lir ' ,2.,
AN
WITNESSES:
WOJNTON-ANCHOg
PMsion 9f APAC-Arkaisai" h%
cL
eal;`;
.
1 #
FIRM NAME: McClinton -Anchor C
BY: ADivision (�oofggAPAC-Ark1t. oiansas Inc
nn 4 . l g- Vle rk
((((((TTitlle))))))
City of Fayetteville
Fayetteville, Arkansas
BY:
ATTEST.:'
City Cler
r
IP MCCIelland
Consulting
.Engineers_,
May
Contract - 3
LJ WM
Project No.
FAUS
tk-
MICR'
itegle
CITY -UTILITY RELOCATION AGREEMENT
Between
City of Fayetteville
And
City of Fayetteville Sewer Department
_ 4928 (Utilities)
BRO-0072(8)
AC x
LU
Location _-NucLcreek
(Old Llissouri Road)
THIS .AGREEMENT, ma_'I and entered into this _day of _ ,
19 by and between the City of Fayetteville _ , Arkansas,
acting by and through its duly nuthori ed officials, hereinafter referred to as
the City", and the City of Fayetteville Sewer Department , of
Fayetteville, Arkansas _ __ acting by and through its duly
authorized representatives, herei.naft.er referred to as the "Owner",
WI TNESSiET1l :
WHEREAS, Section 106 of the Federal -Aid Act of 1970 and Section 109 of the
Federal -Aid Highway Act of 1973, authorized the establishment of a Federal -Aid
Urban System in urban areas over 5,000 population, and WHEREAS, the "City" in the
interest of public safety, convenience, and welfare proposes to make certain city
street improvments under the aforesaid Federal -Aid Urban System at: the location
specified herein, and in accordance with the plans and specification for this
project, and WHEREAS, the "City" has applied and received approval for federal
aid under the Federal -Aid Urban System for this project; and
WHEREAS, in order for the "City" to be eligible for federal aid for utility
adjustments, the utility adjustments must be performed and reimbursement made in
accordance with the Arkansas State Highway Commission's "Statement of Policy on
the Accommodation and Adjustment of Utilities on Arkansas State highway Right of
Way and Property" incorporating Federal Law and Regulations, applicable to
Federal Aid Projects, including Federal -Aid Highway Manual 6-6-3-1 and 6-6-3-2
issued by the United States Department of Tr anspnrta t ion, Federal Highway
Administration, September 6, 1985, as amended and supplemented and by which this
reference is hereby made a part of this agreement with the same force and effect
as if attached hereto or recited heroin; and
WHEREAS, in order to assure implementation of these Federal Regulations,
whereby the "City" may qualify for Participating Federal. Funds, the "City" has
requested that the Arkansas State Highway and Transportation Department,
hereinafter referred to as the "Department" assist the "City" by providing
technical assistance for cost estimate and plan approval, and for making the
contractual arrangements between "City" and "Owner" for processing billing for
reimbursement to "Owner" from, "City' and Federal funds. Any reference to the
"Department" shall mean that the "Department" is acting for or on behalf of: the
"City".
WHEREAS, the proposed street improvement necessitates the adjustment,
relocation, and/or approval of the proposed locations of certain facilities of
"Owner" as described in the following description of work. Adjust sewer facili-
ties to clear construction by abandoning in place approximately 690 feet of
sewer line. Restore service by installing approximately 770 feet of sewer line.
This is apublicly owned utility and ; therefore, is 100% reimbursable;
and such adjustment, relocation or construction heing shown in detail in
"Owner's" plans, sketches, estimate of cost, and specifications (when
applicable) -which are attached hereto and made a part hereof; and
WHEREAS, the "City" desires to implement the herein described utility
adjustments or relocation, .after appropriate approval by the "Department", for
the proposed utility construction of "Owner" by entering into an agreement with
said "Owner'.'.
NOW, THEREFORE, IT IS (HEREBY AGREED
1. "Owner" shall perform the work with "Owner's" forces and/or with
contract forces in the manner as set forth in the attached and approved estimate
of cost or as set out in an approved supplement or modification of this
agreement. The work shall he performed with "Owner's" forces unless it is
stated in the attached statement of work or a subsequent change request that
"Owner" is not adequately staffed or equipped to perforin the work with its own
forces at the time the relocation work is required, in which case, the work
shall be performed with contract forces in accordance with the requirements of
FHPN 6-6-3-1 as approved by the "Department" and determined to be in the best
interest of the project. "Owner" shall maintain adequate records and accounts
on contracts let, and work performed by contract forces to be in a position at
the actual cost billing stage to support all charges incurred in connection
therewith. Any subsequent . major change in the plan or scope of work, the
method of performing the work, or in the quantities of major items of material
to be installed or removed, shall have prior approval of the "Department" and
"City" before any such change is initiated if any additional costs of such
changes are to be eligible for reimbursement.
• 2. "Owner" hereby certifies, and "City" concurs therein, that "Owner"
possesses a real property interest at law in the locations of its existing
facilities on which reimbursement for the functional replacement of all or a pro
rata part thereof is to be paid by "City" by reason of "Owner's" holding a
compensable property interest.
3. "Owner" has determined; and "City" concurs, that a credit for accured
depreciation of the existing facilities being replaced is:
x (a) Not dun the project as only a sn„meat or segments of the utility's
service, distribution or transmission lines are involved.
(h) Due the project and has been allowed in the estimate of cost.
4. The "Owner" and "City" have determined that the utility adjustment
and/or construction provided for hereunder is 100% eligible for
reimbursement to "Owner" for the actual cost, less applicable credits (including
but not limited in an audit to those credit items as set out in the attached
estimate of cost), and which net actual cost (or representative net actual cost
if payment to be "lump sum") is' estimated in the amount of
$ 33,747.50 of which $33.747 50 (1) is estimated
to be the eligible reimbursable amount and $ Q is the
estimated nonreimbursable amount (proportionate share of the cost to be borne by
"Owner"); and the basis for such cost proration or allocation between "!honer"
and "City" to be followed in billing and payment stages is as set out in the
attached cost estimate.
5. "Owner" shall accept as full reimbursement for work hereunder the
amount developed or accumulated as eligible actual and related indirect cost in
accordance with the following designated accounting procedure:
A. A Work Order System prescribed by the applicable
Regulatory Agency for actual cost payment.
B. x A system developed and used by "Owner" and accepted by.
"Department" for actaal cost payment.
C. The estimated lump sum reimbursable amount_ (not over $25,000)
as a firm commitment agreed as representative of the actual and -
reasonable total. reimbursable costs for: all required adjustment
work.
"Owner" further agrees to retain said cost records and accounts for
inspection and audit for a period of not less than three (3) years from the date
of final payment.
6.
"City",
49
thereafter
to the
"Owner" shall not begin the adjustment work until
and shall exercise due diligence Lo begin
days and to complete such wort: within
and in a manner as will result in no avoidable
construction work or in the adjustment of "Owner's"
authorized
the work
40 working
interference or
facilities.
by the
within
days
delay
7. "Owner" shall he responsible for any and all hazards to persons,
property and traffic, and shall save the "Department" and "City" harmless in all
respects from any and all. losses, damages, or injuries caused by any negligent
act or omission by "Owner'., employees or agent performing work under this
agreement or future maintenance of servicing work on facilities constructed
under this agreement; and "(.honer" shall, in completing said work, perform clean
up and restoration of appearances of the work area, including disposal of
surplus materials and debris, so as not to Leave the work area in an unsafe or
unsightly condition.
(1) FI1WA PORTION $26,998.00 CITY PORTION $6,749.50
•
-4-
8. Unless reimbursement is to be according to lump sum procedure (5.C),
"Owner" shall collect and hold in reserve all unreusable material which is not
to be returned to stock and is to be credited to the job at less than the
salvage value of reusable materials for inspection by the 'Department's"
designated Engineer. Failure to furnish written notice to said Engineer of the
time and place for inspection of such material shall make "Owner" accountable
for the reusable salvage value of all material disposed of without notice.
Credit shall be given for the reusable salvage value of all removed material
returned to reusable materials stores.
9. If requested by "Owner" in writing, "Department" on behalf of "City"
shall make intermediate progress payments of 90 percent of eligible billed costs
for utility work hereunder, at no more than monthly intervals, upon receipt of
certified statements in four (4) copies for periodic unpaid costs, provided the
intermediate billed amount is $5,000 or more (except that no intermediate
payments shall be made on "Lump Sum" agreements). No such intermediate payment
shall be construed as final settlement for any item included in any intermediate
billing.
10. "Owner" shall, upon completion of the adjustment and acceptance by the
"Department", on behalf of the "City", submit to "Department" a complete and
final bill with supporting detail in four (4) copies covering all billed
amounts, including intermediate billing, (except that no detail is required
under a "Lump Sum" agreeement).
Such final billing shall be certified correct by "Owner" and shall cover
the total cost and applicable credits for the adjustment of "Owner's"
facilities; and "Owner" shall submit two (2) sets of "as -built" plans
representing the adjustment as completed by "Owner" for acceptance by
"Department" on behalf of the "City" upon being certified correct by
"Department's" Engineer.
11. The "Department", upon receiving from "Owner" the final billing
documents complete as listed next above, shall reimburse "Owner" on behalf of
the "City" for the eligible actual cost, less all applicable credits and prior
payments, if any, for making the adjustments in "Owner's" facilities as agreed
herein; and in reimbursing "Owner", the "Department" shall. make initial or
semifinal payment Lo "Owner" for the work in the amount of 90 percent of the
eligible reimbursable amount billed. The retained eligible amount (final
settlement) shall be paid "Owner" (allowing time for normal processing) after
audit of "Owner's" cost records and accounts. "Owner" agrees to refund any and
all amounts paid in initial or partial payments found in the audit to exceed the
total amount eligible for reimbursement for work hereunder. Total reimbursement
to the "Owner" shall not exceed the total amount found eligible for
reimbursement as reflected by an audit of the cost records and accounts of the
"Owner" applicable to subject project, except that if the lump sum payment
procedure (5.C) is indicated herein then initial and final payment shall be made
for 100 percent of such .agreed lump sum without site audit and without
intermediate progress payments; and final payment of said total eligible amount
shall satisfy and discharge the "City';" reimbursement obligations hereunder.
12. Notwithstanding anything hereinbefore written, neither, the "Owner" nor
the "City" by execution of this agreement waives or relinquishes any rights
which either may legally have within the limits of the Law or Constitution,
either State or Federal.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed in triplicate by their duly authorized representatives the date herein
above written.
CITY OF FAYETTEVILLE SEWER DEPARTMENT CI FAYETTEV
Title
Pir«-ror Public Works
Title /72.09149e
SEWER RELOCATION
OLD MISSOURI ROAD
FAYETTEVILLE, ARKANSAS
BID OPENING DATE: OCTOBER .14, 1986
ADDENDUM #1
SEPTEMBER 29, 1986'
Time is hereby declared to be of the essence in this contract.
The winning 'bidder shall begin construction within 10 days of
the execution of a construction contract.
The contractor shall pay to the City, as liquidated damages,
the sum of $200.00 per day for each day construction goes
over the 30 day time limit. The liquidated damages shall be
-deducted from retainage held by the City.
7
Donald R. Bunn, City Engineer
eft
DETAILED PLANS AND SPECIFICATIONS
SEWER RELOCATION, OLD MISSOURI ROAD
FAYETTEVILLE, ARKANSAS
SEPTEMBER, 1986
CITY ENGINEER'S OFFICE
FAYETTEVILLE, ARKANSAS
TABLE OF CONTENTS
Advertisement 1
Federal Wage Rate Determination
Form of Bid Bond 3
Proposal 5
Form of Arkansas Performance and Payment Bond 7
Contract Agreement 10
Instructions to Bidders 12
General Conditions of the Specifications 16
Detailed Specifications
Part I - Contract Stipulations 31
Part II - Construction Specifications II -1
Part III - Material Specifications III -1
.r
ADVERTISEMENT
Notice is hereby given that the City of Fayetteville, Fayette-
ville, Arkansas, hereinafter called the Owner, will receive sealed
bids at the Purchasing Agents Office, City Hall, 113 West Mountain,
Fayetteville, Arkansas, until /0:00 a.m., on the /414 day of
O C ro B EP, , 1986, for the furnishing of all tools, labor,
and materials, and performing the necessary work to be done in
constructing a Sewer Relocation, Fayetteville, Arkansas.
The location of the work is set out in the Plans and Specifica-
tions on file in the office of the City Engineer, Fayetteville, Ark-
ansas.
All necessary work, material, 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 City Engineer.
The Contractors shall make such inspections and studies of the
site of the work as tothoroughly familiarize themselves with all
conditions to be encu e d.
Each bid m st be accom.anied by a surety bond in the amount
equal to five p rcent (5%) o the whole bid, said bond to be issued
by a surety com any licensed to do business in the State of Arkansas.,
said bond to be tained as iquidated damages in case successful
bidder fails, negle or ."fuses to enter into the contract for
the construction of said works, and furnish the necessary bonds with-
in construction of said works, and furnish the necessary bonds within
(10) days from and after the date the award is made.
The successful bidder will be required to
and payment bond, in favor of the Owner, in an
hundred percent (100%). of the contract amount,
award of the particular contract section.
The Owner reserves the right to refect any and all bids, and
to waive any formalities deemed to be in its best interest.
The attention of a
this contract exce
of Act 150 of the 19
furnish a performance
amount equal to one
at the time of the
Notice is hereby given
Equal Opportunity.:Empioyer.
The proposed contract is
11246 of September 24, 1965.
s is called to the fact that if
ey must be licensed under the terms
of the Arkansas Legislature as amended.
that the Ci.ty.of.Fayetteville is,an
under and subject
to Executive Order
The successful bidder will be required to submit a Certifica-
tion 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.
1
Neither contractor nor subcontractor shall exclude from
participation in, deny the benefits of, or subject to discrimina-
tion 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 of 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 wages paid on this job shall be in accordance with the
Federal Wage Rate Determination which is attached to the Detailed
Specifications. Certified payrolls shall be submitted to the City
on a monthly basis.
This advertisement is hereby made a part of these specifications
and a part of any subsequent contract.
Sturman Mackey
Purchasing Agent
GENERAL DECISION NO. AR86-7
Supersedes General Wage Decision No. AR84-4053
State:
ARKANSAS
County(les): Statewide
Construction
Type. Water, Sewer Lines, Streets, Runways & Highway
•
Construction
Description: Construction, alteration, and/or repair of streets,
highways, runways and water & sewer utilities, (but does not include
structures on highway rest areas).
Modification Record:
No. Publication Date Page No.(s)
1 Feb. 7, 1986 22
2 May 23, 1986 21
3 June 6, 1986 21
•
20
•
BRICKLAYERS
CARPENTERS
CONCRETE FINISHERS
ELECTRICIANS
IRONWORKERS:
Structural
Reinforcing
LABORERS:
Air Tool Operator
Asphalt heater operator
Asphalt raker
Carpenter Helper
Chain saw Operator
Checker grade
Concrete finisher helper
Concrete Joint sealer
Concrete saw operator
Formsetter
Laborer
P tpelayer
Powderman
✓ 1bratorman
PAINTER
PILE DRIVER LEADMAN
POWER EQUIPMENT OPERATORS:
Aggregate spreader oper.
Asphalt plant fireman
Asphalt plantdrier oper.
Batch plant oper.
Bulldozer Operators:
Finish
Rough
Bull float operator
Concrete curing machine operator
Concrete mixer operator:
Less than 5 sacks
5 sacks and over
Backhoe op. - rubber tired (1 yard or
less)--- -
Cherry picker operator
Concrete paver operator
Concrete spreader oper.
Crane, derrick, dragllne, shovel,
backhoe, opers.:
•1-1/2 yards or less
rover -1-'1/2 yards
Crusher Operator
D istributor operator
Drill Operator wagon or truck)
Elevating grader oper.
Euclid or like equipment operator
21 (June 6. 1986)
Basic Fringe
Hourly Benefits
Rates
7.00
7.00 "N
7.00
8.50
6.10
5.30
5.00
5.00
5.70✓
5.00
5.00
5.30-'
5.00
5.00
5.001
5.30
3.80
5.30'
6.20
5.00
6.00
6.00
5.60
4.70
4.70
5.60
\6.70
5.50
5.50
5.50
5.00
6.00
5.90
5.90
6.50
6.50
AL50
7.:00
5.50
5.50
5.50
6.50
'AR86-7
(bottom or end dump) 5.10
Finishing machine oper 5.90
Forklift operator 4.90
Form grader operator 4.90
Front end loader oper.
Finish 6.50
Rough 5.50
Hydro seeder operator 5.00
Mechanic 6.70
Mechanic Helper 5.10
Motor patrol operator:
Finish 6.70
Rough 5.50
Mulching machine oper. 5.00
O iler and greaser 5.30
P ile driver operator 6,00
Pug M111 Operator 5,00
Roller operator (self propelled) 5.10
Scraper operator:
Finish - 6.70
Rough 5.50
Sod slicing machine op. 4.80
Stabilizer mixing machine operator 5.50
Tractor operator (crawler type) 5.00
Tractor operator (farm and wheel) 5.00
Tractor operator wheel type (with
attachments 1 yd. or under) 5.40
Trenching machine oper. 5.40
STONEMASONS 7.00
TRUCK DRIVERS:
D istributor truck driver 5.30
Semi -trailer 5.30
Lowboy driver 5.50
Transit mix truck driver 5.30
Truck driver (heavy -maximum pay
load in excess of 3,000 lbs.) 5.00
Truck driver (light -maximum pay
load 3,000 lbs.) 4.70
Well drillers 6.70
WELDERS: Receive rate prescribed for craft performing operation to
which_welding is incidental.
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only as
provided in the labor standards contract clauses (29 CFR, 5.5 (a) (1)
(ii)).
22 (Feb. 7, 1986)
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as Surety, are hereby held
and firmly bound unto as owner
in the penal sum of
for the payment of which, well and truly to be made, we hereby jointly
and severally bind ourselves, our heirs, executors, administrators,
successors and assigns. Signed this day of
19
•
The condition of the above obligation is such that whereas the Principal
has submitted to
certain bid, attached hereto and hereby made a part hereof to enter into a
contract in writing, for the
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 ether respects perform the agreement created by the
acceptance of said Bid.
then this obligation shall be void, otherwise the..same shall..remain-in
.force and effect; it:being expressly -understood and agreed that the
liability of -the Surety for any and all -claims hereunder shall, in -no
event, exceed the penal amount of the obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that
the obligations of said Surety and its bond shall be in no way impaired
or affected by any extension of the time within which the Owner may
accept such Bid; and said Surety does hereby waive notice of any such
extension.
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
(A UNIT PRICE CONTRACT)
Place Ci4 Na / �/ irk,
DGS leer i4 / /9/6
Date
Proposal of °/%%L%/V.5o 40/ /96t e%. /YC
a corporation* organized and existing under the laws of the State of
Ode, ah $as , and qualified to do business in the State of Arkansas;
a Partnership* consisting of
an Individual* trading as .
TO THE CITY OF FAYErrt.VIT.TY, ARKANSAS:
The bidder in compliance with your invitation for bids for the
construction of Sewer Relocation, Old Missouri Road
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:
Siena/0m
* Fill out applicable blank
��ll ha „✓/e ie1474
OLD 'MISSOURI ROAD
ITEM ESTIMATED QUANTITY UNIT**
NO. AND DESCRIPTION PRICE TOTAL
1. 105 l.f.., 12" Ductile Iron
PIPE Dolla
.� iod
2. 60 l.f., 12" Ductile Iron md riot
PIPE ON PIERS Dol rs
3. 105 l.f., 12" Clay Sewer
PIPE
Dol ars
$/sue s./c73
4. 320 1.f., 10" Clay
SEWER PIPE
5. 180 l.f., Ductile Iron
PIPE 8"
lifivf/� 1 h/0
Dollars
$
�o s
liars -7
$
6: 4 each, Sewer Manholes,
Qi , and %o
0-6' Deep Dollars
s7 Sfl�,�
7. 1 each, Raise Manhole .�'AV4 4t1d fQ1
to future grade Mars
S ZQ, s5W
5a
116P1 A b
NO.
8. 295 l.f., Sewer
Trench, 0-6' Deep
J l'1PlflTLu WUHLNTl
AND DESCRIPTION
UINl l'
PRICE TOTAL
9. 280 l.f., Sewer
Trench, 6-8' Deep
10. 85 l.f., Sewer
Trench, 8'-10' Deep
11. 50 l.f., Sewer
Trench, 10-12' Deep
12. 18 sq. yds. Asphalt
Surfacing Cut & Replaced
with Concrete
13. 126 cu. yds., Special
Backfill (SB-2)
14. 3 each, Abandon
Manholes
TOTAL BID . .
5b
D liars
$ $',!3'o'
J _ & a�
D liars &
$ . $ 1402."
Doll1€rs
rs ap
$ $a0
Dollars 40
$.%0' $✓SOU/
o lays
$ rg7p
Dollars
$_o $
AwAd d n%
Dollars
$ ,30Z
$ Z z� g'3/
J
ITEM ESTIMATED QUANTITY UNIT**
NO. AND DESCRIPTION PRICE TOTAL
3-A 105 l.f., 12" PVC
Sewer Pipe
Dollars
•s /3 ' $
. f
4-A 320 l.f., 10" PVC % a'tl n9/op
Sewer Pipe Dollars
$ /Dr s 3
TOTAL BID, PVC ALTERNATE
(Total of Items 1 & 2, 3-A &
4-A, and 5-14)
5c
1 1
** Unit prices to be shown in words and figures. In case of discrepancy amount
shown in words will govern.
The above unit prices shall include all labor, materials, bailing, shoring,
overhead, profit, insurance, etc., to cover the finished work of the several
kinds called for.
Bidder understands that the Owner reserves the right to reject any or all
bids and to waive any informalities in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for
a period of Sixty (60) calendar days after the scheduled closing time for
receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidder
will execute the formal contract attached within ten (10) days and deliver
the Surety Bond or Bonds as required by Paragraph 8 of the General Conditions.
The bid security attached in the sum of
is to become the property of the Owner in the event the contract and bond are
not executed within the time above set forth, as liquidated damages for the
delay and additional expense to the Owner caused thereby.
Respectfully Submitted:
/O /1116/AC',V /sfa a
`A .. %703
By e
SEAL - if bid is by a corporation
,e -1, Z, /05 ,1 / may, ,/i,L,
(Business. Address and Zip Code) .7070 3
ARKANSAS PERFORMANCE AND PAYMENT BOND
(14-604 Arkansas Statutes)
KNOW ALL MEN BY THESE PRESENTS: That we (1)
a (2) , hereinafter called "Principal" and
(3)
firmly bound unto (4)
of
, State of
hereinafter called the "Surety", are held and
, hereinafter called
"Owner" in the penal sum of dollars ($ ),
in lawful money of the United States, for the payment of which sum well
and truly to be made, said principals and Surety bind themselves, their
heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal
entered into a certain contract with the Owner, dated the
day of , 19 , a copy of which is attached and made a part
hereof for the construction of:
NOW, THEREOFRE, if the Principal shall well, truly and faithfully perform
its duties, all the undertakings, covenants, terms, conditions, and agree-
ment of said contract during the original term thereof, and any extensions
thereof which may be granted by the Owner, with or without notice to the
Surety, and if he shall satisfy all claims and demands incurred under such
contract, and shall fully indemnify and save harmless the Owner from all
costs and damages which it may suffer by reason of failure to do so, and
shall reimburse and repay the Owner all outlay and expense which the Owner
may incur in making good any default, and shall promptly make payment to all
persons, firms, subcontractors and corporations furnishing material for or
performing labor in the prosecution of the work provided for in such contract,
any any _authorized extension or modification thereof, all amounts due for,
but--not-limited to, materials, lubricants, oil, gasoline, coal and coke,
repair on machinery, equipment and tools consumed or used in connection with
the construction of said work, fuel oil, camp equipment, food for men, feed
for animals, premium for bonds and liability and workmen's compensation
insurance, rentals on machinery, equipment and draft animals; also for taxes
or payments due The State of Arkansas or any political subdivisions thereof
-:which .shall .have arisen on account of, or in connection with, the wages
earned by workmen covered by the bond; and for all labor performed in such
work whether by subcontractor or otherwise, then this obligation shall be
void, otherwise to remain in full force and effect.
I
fi
The Surety agrees the terms of this bond shall cover the payment by
the principal of not less than the prevailing hourly rate of wages as
determined by the Arkansas Department of Labor or U. S. Secretary of
Labor, whichever is greater, to all workmen performing work under the
contract.
PROVIDED. FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alternation,
or addition to the terms of the contract or to the work to be performed
thereunder of the specifications accompanying the same, shall in any wise
affect its obligation on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the
contract as to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the
contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts,
each of which shall be deemed an original, this day of
.19
ATTEST:
(PRINCIPAL)
BY
SECRETARY (PRINCIPAL) (TITLE)
(SEAL)
(ADDRESS)
WITNESS AS TO PRINCIPAL (SURETY)
ADDRESS
ATTORNEY -IN -FACT
ATTEST:
.._._...___T _ ADDRESS
SECRETARY (SURETY)
(SEAL)
WITNESS AS TO ATTORNEY -IN -FACT
ADDRESS
1.
•
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, a Partnership, or an individual, as case may be
(3) Correct name of Surety
(4) Correct name of Owner
(5) If Contractor is Partnership, all partners shall execute bond
(6) This bond must be filed with the Circuit Court of the County
where the work is to be performed, prior to the start of const-
ruction
(7) Must be executed by Arkansas Local Resident Agency for Surety
b
CONTRACT AGREEMENT
This Contr ct and agreement, made and entered into this
nJday of (Otfi4ei- , 19 , by and between the City of
Fa etteville, Arkansas, Party of the First Part, acting rou h its'
dul authorized representative, and -�
Pa y of the Second Part:
WITNESSETH:
That for and in consideration of the payments to be made as
hereinafter set forth, the Party of the Second Part hereby agrees to
furnish all tools, labor, equipment, materials, and supplies requiXj51
tr��o� �be �fur ished an to on truc the improvements designated as CC//77�/�/``{{'���r„,^"
Vim' 70AWAt c iCS,.Q i�da.� 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.
2. It is further agreed and understood by and between the parties
hereunto that the Party of the First Part agrees to pay and the Party of
the Second Part agrees to accept as full and final compensation for all
work done under this agreement, the unit prices named in the Proposal
which is hereto attached, such payment to be made in lawful money of the
United States, at the time and in the manner set forth in the Specifications.
3. The Party of the Second Part agrees, for the consideration
above expressed, to begin and complete the work within the time specified
in the Proposal. If the Party of the Second Part shall fail to complete
the work in the time specified, he shall pay to the Party of the First
Part, as liquidated damages, ascertained and agreed, and not in the
nature of a penalty, the amount specified in the Proposal for each day
delayed, for each Schedule delayed, which shall be deducted from the
final amount to be paid under the contract, provided that extensions of
.time with waiver of liquidated damages may be granted as provided for in
the Specifications.
4. The Party of the Second Part agrees to furnish a Bond, with
an approved Surety thereon, guaranteeing the performance of this Contract,
as required by the laws of the State of Arkansas, and for not less than
one hundred .(300) percent of _the amount of .this contract. Said Bond
.shall be "conditioned :on :full andcomplete performance of this Contract
and acceptance by the Water and Sewer Department for the payment of all
labor and materials entering into or incident to the proposed improvements
and shall guarantee the work against faulty workmanship or materials for
a period of one (1) year after completion. The Surety on said Bond shall
be a
Surety
Company of financial
resources
satisfactory
to
the Party of the
First
Part,
and authorized to do
business in
the State
of
Arkansas.
5. The Party of the Second Part agrees also to carry Public Liability
Insurance, Property Damage Insurance, and Workmen's Compensation Insurance
in amounts as required by these Specifications.
WITNESS OUR HANDS THIS rl DAY OF C�Z%'w0 "2- , 19.
CITY OF FAYETTEVILLE
FAY EV LE, A
By
MAYOR
WITNESS:
1;SEAL fta'y -
i.(i
'eS7
•
WITNESS:
Affix Corporate Seal here (if any)
1 `60, tA
CONTRACTOR
-1
NAME AND TITLE
!l 07, /0s H Gtyet/evl//c,M
BUSINESS ADDRESS ,4g 2404
11
INSTRUCTIONS TO BIDDERS
1. QUALIFICATIONS OF CONTRACTORS:
Before submitting a bid, bidders must be licensed under the
terms of Act 150 of the 1965 Acts of the Arkansas General Assembly, and the
successful bidder must be legally qualified in all respects to do business
in the State of Arkansas.
When called upon to do so after receipt of Proposals, bidder
shall prepare a Financial Statement, Experience Record, and Equipment
Schedule. These statements shall reflect the current status of the bidder.
The statements of each bidder must show net liquid assets or credit
facilities in an amount of not less than fifteen (15) percent of the total
amount bid. Each bidder must ha -e had at least three (3) year's experience
in construction of similar improvements and must have successfully completed
at least three (3) such projects. Each bidder must have equipment available
which, in the opinion of the Engineer, is adequate to complete the work under
these Specifications in the time allowed for completion. Should any bids
be received from bidders whose statement, when filed, fail to show that the
bidder's qualifications meet the minimum requirements above -enumerated,
such bids may be rejected.
2. LOCAL CONDITIONS:
Bidders shall read the Specifications, examine the Plans, and
make their own estimates of the existing facilities and the difficulties
which will attend the execution of the work called for by the proposed
Contract, including local conditions, uncertainty of weather, and all other
contingencies. Bidders shall satisfy themselves by personal examination of
the location of the proposed work, and by such means as they may choose, as
to actual conditions and requirements. Information derived from the Plans
and Specifications or from the Engineer or his assistants shall not relieve
the bidder of this responsibility.
3. PROPOSAL GUARANTEES:
Proposals must be accompanied by either a certified or cashier's
check, drawn on a National Bank or a bank having membership in the Federal
Reserve System, or a Bid Bond executed by a satisfactory Surety. The proposal
guarantee shall be in an amount not less than five (5) percent of the bid
and made payable to the Contracting Authority to whom the Proposal is made.
A lesser amount will not be accepted.
The proposal guarantee, or other bid qualifications, shall be sealed
in.a separate envelope firmly attached to the outside of the sealed Proposal.
The cuter ;envelope shall be opened :first, and if the documents .:are not Lound
-to.be.in order, tie sealed Proposal shall be -returned to the bidder *unopened..
The amount of any check or bond shall be retained by the Contracting
Authority as liquidated damages in case the bidder neglects or refuses to
enter into a contract and to furnish the required contract bond within ten
(10) days after the prescribed contract and bond forms are presented for
signature.
Checks of unsuccessful bidders will be returned immediately after
a contract has been executed. `
4. PROPOSALS:
(a) Proposals shall be strictly in accord with the prescribed
forms, furnished with the Specifications. Any modifications or deviations
therefrom may be considered sufficient cause for rejection.
(b) The bidder shall state in words and figures the lump sum and
unit prices for which he proposes to do each item of work covered by the
Proposal. In case words and figures'do not agree, the words shall govern
and the figures shall be disregarded.
(c) It is to be understood that the lump sum required in the
Proposal is for the furnishing of all materials required to be furnished
and the doing of all work required under these Contract Documents, including
items for which no quantities are given, 'and the quantities given in the
"List of Variable Quantities" at the end of the Proposal. The "Unit Prices
for Variation of Quantities" required are for adjustment of the "Basic
Bid" by reason of variation of actual variable quantities from the quantities
given in the "List of Variable Quantities". In case unit prices are not
required, it is to be understood that the lump sum required in the Proposal
is for the furnishing of all materials required to be furnished and the
doing of all work required under these Contract Documents.
(d) Proposals may be submitted for any or all Schedules, if
more than one Schedule is included in the work, but bidders submitting a
proposal for a "construction" Schedule must submit a proposal for any other
Schedule of work incident thereto, such as "Electrical" and "Plumbing".
Where a bidder bids on more than one Schedule and desires to accept the
proposal, but any reservation on the part of the bidder to make a decision
on what Schedules he will accept after bids are opened will render the bid
null and void.
(e)
Proposals
must be
signed,
in writing,
by an individual
authorized to
bind the
bidder.
(f) Proposals must be submitted complete, with all other Contract
Documents'in their original binding as furnished by the Engineer. They
must be submitted at the place and on or before the time specified in the
Advertisement —for Bids.
(g) Proposals must be submitted in sealed envelopes addressed
to the Contracting authority, and clearly marked on the outside of the
envelope, 'Proposal. for Construction Contract" to be. opened .at.(,dateand
:time),. The .Bidder's %current..Arkansas,.Contractor'.s-license number ;must_be
marked _on =the :envelope.
(h) The Contracting Authority will not consider bids covering
only a portion of these Specifications.
•�
J
(i) The unbalancing of bids will not be tolerated. Evidence of
material unbalancing will be considered cause for rejection.
5. MODIFICATION OF BIDS:
No modification of bids already submitted will be considered
unless such modifications are received prior to the hour set for opening.
6. BID BONDS, CONTRACT BONDS, AND INSURANCE:
Attention of bidders is called to Act 82 of the 1935 Acts of the
Arkansas General Assembly, which requires that all bid bonds, performance
bonds, labor bonds, employer's liability insurance, public liability
insurance, workmen's collective insurance, and property damage insurance
must be secured through resident agents of Arkansas.
7. CLARIFICATION OF CONTRACT DOCUMENTS:
If any person contemplating submitting a bid for the proposed
contract is in doubt as to the true meaning of any part of the Plans,
Specifications, or other proposed Contract Documents, he may submit to the
Engineer a written request for any interpretation thereof.. The person
submitting the request will be responsible for its prompt delivery. Any
interpretation of the proposed Documents will be made only by an Addendum
duly issued, and a copy of such Addendum will be mailed to each person who
has previously secured or who subsequently secures a set of Documents. The
Contracting Authority will not be responsible for any other explanations
or interpretations of the proposed Documents.
8. EXECUTION OF CONTRACT DOCUMENTS:
Following the award and within ten (10) days, provided for in the
Proposal, the successful bidder shall properly execute five (5) counterparts
of the Contract Documents.
9. BASIS OF AWARD:
Bids will be considered on the basis of the total bid price or
prices given in the Proposal. In the event Unit Prices are required they
will not be considered except that evidence of serious unbalancing of the
Unit Prices -shall be considered cause for rejection of bids.
The Contract(s) will be awarded to the bidder (or bidders in the
case of more than one Schedule of Work) submitting the lowest and best bid
(or combination of.rbids), considering the Contractor's experience and
.:ability,.to.do -.the..work.,::and.the character.:and quality of the equipment
•he proposes to furnish. -The Contracting Authority reserves the right to
select such bids or combination of bids which in its opinion would serve
its interest best.
The Contracting Authority reserves the right to select between
any Alternatives in the Proposal.
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 LIQUIDATED 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
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:
I
With respect to all work performed under this contract, the
Contractor shall:
1. Comply with the safety standards provisions of applicable laws,
building and construction codes and the "Manual of Accident Prevention
in Construction" published by the Associated General Contractors of
America, the requirements of the Occupational Safety and Health Act of
1970 (Public Law 91-596), and the requirements of Title 29 of the
Code of Federal Regulations, Section 1518 as published in the "Federal
Register", Volume 36, No. 75, Saturday, April 17, 1971.
2. Exercise every precaution at all times for the prevention of
accidents and the protection. of persons (including employees) and
property.
3.. "Main:tain.at .his.office.or.other;wellaznown;pl-ace.atthe job -site,
all articles necessary for giving first aid to the injured, and shall
make standing arrangements for the immediate removal to a hospital or
a doctors care of persons (including employees), who may be injured on
the job site. In no case shall employees be permitted to work at a job
site before the employer has made a standing arrangement for the removal
of injured persons to a hospital or a doctors care.
GENERAL CONDITIONS. OF THE SPECIFICATIONS
1. GENERAL DESCRIPTION:
The work embraced in these Contract Documents consists of
the following:
2. DEFINITION OF TERMS:
Wherever in these Documents the following terms are used,
they are understood to have the following meanings:
"OWNER" or "CONTRACTING AUTHORITY" shall mean the City of
Fayetteville, Arkansas.
"ENGINEERS" or "ENGINEER" shall mean the City Engineer, Fayetteville,
Arkansas, City Administration Building, 107 West Mountain Street (P.O.
Drawer "F"), Fayetteville, Arkansas.
"CONTRACTOR" shall mean the individual, partnership, or corporation
that may have entered into the contract with the Contracting Authority
to perform the work specified herein.
"WORK" shall mean the furnishing of all necessary tools, labor,
equipment, materials, and supplies required to be furnished by the
Contractor under these Specifications.
3. LAWS AND REGULATIONS:
All work shall be done in conformity with the laws of the
State of Arkansas, and any subdivision thereof, municipal and local laws
and ordinances, and all applicable federal statutes, laws or regulations.
No -convict labor shall be employed on this project.
4. CONTRACT DOCUMENTS:
The "Advertisement for Bids",. the "Proposal", the "Bond"
:the "Instructions to -Bidders", the "General. Conditions", the "Detailed
.Specifications'.,. -and .the "Plans", -are :each and :all of :the_ Specifications
component parts to the agreements governing the work to be done and the
materials and equipment to be furnished.
The Contract Documents are complimentary, and what is called for
by one shall be as binding as if called for by all. The intention of the
Documents is to include all tools, labor, equipment, materials and supplies
necessary for the proper execution of the work. Materials or work described
in words which so applied have a well-known Technical or Trade meaning shall
be held to refer to such recognized meaning.
The following copies of the executed Contract Documents will be
provided:
One for the Contracting Authority,
One for the successful Bidder,
One for the Engineer,
One for the Surety,
One for filing with the Circuit Clerk in the County where the
Work is to be performed.
5. SUBCONTRACTS:
The Contractor shall, as soon as practicable after the signing of
the Contract, submit to the Engineer, in. writing, the names of any Sub-
contractors he proposes for any part of the work.
The Engineer's approval must be secured, in writing, on all Sub-
contracts before they are made and signed.
The Contractor shall
Authority and the Engineer for
and of the persons directly or
Nothing contained in
Documents shall create any con
and the Contracting Authority.
-- _ .6. THE CONTRACTOR:
be held fully responsible to the Contracting
the acts and omissions of his Subcontractors
indirectly employed by his Subcontractors.
these Specifications or in the Contract
tractual relation between any Subcontractor
It is understood and agreed that the Contractor has satisfied him-
self as to the'nature and location of the work, the conformation of the
ground, the character, quality, and quantity of the materials to be encountered,
the character of the equipment and facilities needed preliminary .to and
_during the '.prosecution ':of .the work., `.the -general local :conditions.,:and.:all
:other.,matters which can :in any .way affect -the work under. this -.Contract_ No
verbal agreement or conversation with any officer, agent, or employee of
the Contracting Authority or Engineer, either before or after the execution
of this Contract, shall affect or modify any of the terms or obligations
herein contained.
7. THE ENGINEER:
Y
•
The Contracting Authority contemplates and the Contractor shall
permit and make possible a thorough inspection by the Engineer of all work
and materials furnished under the Contract Documents. The Contractor shall
perform the work to the satisfaction of the Engineer. No work shall be
performed by the Contractor without the knowledge and approval of the Engineer.
The Contractor shall be an "independent contractor" with full
power and authority to select the means, methods and manner of performing
the work, being responsible to the Contracting Authority for all materials
delivered and the results contracted for. The authority of any represen-
tative of the Contracting Authority of the Engineer is limited to such
determinations concerning the interpretation and performance of the Contract
Documents. The failure of any representative of the Contracting Authority
or of the Engineer to condemn or reject work or materials, or otherwise to
exercise any function entrusted to him, shall not excuse the contractor
from the faithful performance of this Contract, nor shall such action imply
any acceptance by the Contracting Authority or by the Engineer of faulty
work or materials.
The Engineer shall, within a reasonable time after presentation,
make decisions in writing on claims arising between the Contracting
Authority and the Contractor and shall make interpretations of plans and
specifications.
8. BOND:
Coincident with the execution of the Contract, the Contractor shall
furnish a good and sufficient surety bond in the amount of ninety-five (95)
percent of the contract sum, guaranteeing the faithful performance of all
covenants, stipulations, and agreements of the Contract, the payment of
all bills and obligations arising from the execution and performance of the
Contract, and guaranteeing the work against faulty workmanship and materils
during construction and for one year after completion, all provisions of
the bond to be complete and in full accordance with the statutory require-
ments. The bond shall be executed with the proper Sureties through a company
licensed and qualified to operate in the State and approved by the Con-
tracting Authority. If at any time during the continuance of the Contract,.
the Surety on the Contractor's bond becomes irresponsible, the Contracting
Authority shall have the right to require additional sufficient Sureties
which the Contractor shall furnish to the satisfaction of the Contracting
Authority within ten (10) days after the notice to do so. In default, thereof,
.,,the Contract may be suspended, and all payments or money due the Contractor
withheld.
The bond must be filed with the Circuit Clerk of the County in
which the work is to be performed before any work under the Contract is
performed.
A form of this bond is attached hereto and made a part of these
specifications.
I. •
9. INSURANCE:
The Contractor shall maintain such insurance as will protect him
from claims under workmen's compensation acts and other employee benefits
and from claims for damages because of bodily injury, including death, and
from claims for damages to property which may arise out of operations or the
work, whether such operations be by himself or by any subcontractor or any-
one directly or indirectly employed by either of them. The insurance shall
be written in companies authorized to do and doing business in Arkansas and
for not less than the following limits:
Comprehensive General Public Liability with bodily
injury limits of $ 100,000 and $ 300,000 and property
damage limits of $ 50,000;
Comprehensive Automobile Liability (owned, hired
and non -owned Vehicles) with bodily injury limits
of $ 100,000 and $ 300,000 and property damage limit
of $ 50,000 for each accident;
Standard Workmen's Compensation and Employer's
Liability covering with statutory limits;
Contractual liability insurance with bodily injury
limits of $ 100,000 and $ 300,000 and property damage
limits of $ 50,000.
Certificates of such insurance shall be filed with the Engineer
before work commences under any contract or subcontract.
10. ROYALTIES AND PATENTS:
The Contractor shall 'pay all royalties and license fees. He shall
defend all suits or claims for infringement of any patent rights, and shall
save the Contracting Authority from loss on account thereof.
11. INSPECTION:
The detailed manner and method of performing the work shall be
under the direction and control of the Contractor, but all work done shall
at—ail-times"be'subject to the inspection of the Engineer or his authorized
representative to see that it is done in accordance with the Contract
Documents.
Inspectors may be appointed by the Engineer or Contracting
:.Authority :and :their duty shall ,:be to guard •:the. Contracting..Authority against
..defects and. deficiencies An the work and to see .that the work is ^done in
accordance with the Contract Documents. Inspectors shall have authority,
subject to the final decision of the Engineer, to condemn and reject any
defective work and to suspend the work when it is not being done properly,
but the responsibility for the work and compliance with the Contract Documents
and all applicable laws, rules and regulations shall be the Contractor's.
Inspectors shall have no authority to permit any deviation from
the Plans and Specifications except on written order from the Engineer, and
the Contractor will be liable for any deviation except on such written order.
i
♦ l
.
The inspector shall in no case act as foreman or perform other
duties for the Contractor, nor interfere with the management of the work
by the latter. Any advice.which the inspector may give the Contractor
shall in no wise be construed as binding to the Engineer in any way or
releasing the Contractor from fulfilling all the terms of the Contract.
All condemned work shall be promptly taken out and replaced by
satisfactory work. Should the Contractor fail or refuse to comply with
instructions in this respect, the Contracting Authority may, upon certifi-
cation by the Engineer, withhold payment or proceed to terminate the contract
as provided herein.
Any defective work may be rejected by the Engineer at any time
before final acceptance of the work, even though the same may have been
previously overlooked and estimated for payment.
12. WORKMANSHIP AND SUPERINTENDENCE:
The Contractor shall keep on this work, during progress, a competent
superintendent and any necessary assistants. The superintendent shall
represent the Contractor in his absence and all directions given to him
shall be as binding as if given to the Contractor.
The Contractor shall provide proper tools and equipment and the
service of all workmen, mechanics, tradesmen, and other employees necessary
in the execution of the work contemplated herein. The employees of the
Contractor shall be competent and willing to perform satisfactorily the
work required of them. Any employee who is disorderly, intemperate, or in-
competent, or who neglects or refuses to perform his work in a satisfactory
manner, shall be promptly discharged.
It is particularly called to the Contractor's attention that only
first-class workmanship will be acceptable.
13. POSITION, GRADIENT, AND ALIGNMENT:
The Engineer shall set such stakes to proper line and grade as may
be necessary for guidance of the Contractor in the proper performance of
the work, and all work must conform closely to the lines and grades given.
It shall be the duty of the Contractor and his employees to call
the Engineer's attention to any stakes which may have been disturbed or
which seem to }≤e off line or grade.
The Contractor shall carefully preserve bench marks, reference
.points, and stakes, and in case of willful. or careless desruction, he.shall
be -charged .with the resulting -expense. -and shall _be responsible for any mis-
takes that may be caused by their unnecessary disturbance or loss.
14. PROTECTION OF WORK, PROPERTY, AND PERSONS AND CONTRACTOR'S
RESPONSIBILITY FOR DAMAGE CLAIMS:
The Contractor shall adequately protect the work, the Contracting
Authority's property, adjacent property and the public from injury, damage
or loss arising in connection with the contract or the work.
The Contractor shall provide and maintain all passageways, guard
fences, lights or other facilities for safety and protection required by
any public authority or local conditions.
The Contractor assumes entire responsibility and liability for
any third party claims and actions based upon or arising out of injuries,
including death to persons or damage to or destruction of property, sus-
tained or alleged to have been sustained in connection with or to have
arisen out of or incidental to the performance of this contract by the
Contractor, his agents and employees and his subcontractor, their agents
and employees, regardless of whether such claims or actions are founded in
whole or in part upon alleged negligence of the Contracting Authority,
Contracting Authority's representatives or the Engineer, or the employees,
agents or licensees thereof. The Contractor shall indemnify and hold
harmless the Contracting Authority and its representatives and the Engineer
and his representatives in respect to any such matters.
15. LEGAL RESTRICTIONS AND PERMITS:
The Contractor shall procure :at his own expense all necessary
licenses and permits of a temporary nature, and shall give due and adequate
notices to those in control of all properties which may be affected by his
operations. Permits, licenses, and easements for permanent structures or
permanent changes in existing facilities will be provided by the Contracting
Authority unless otherwise specified. The Contractor must obtain per-
mission from the Contracting Authority or other proper authority before
blockading any roads or highways, and shall furnish all necessary barricades
and detour signs. The Contractor shall give all notices and comply with all
laws, ordinances, rules, and regulations bearing on the conduct of the
work as drawn or specified.
16. ASSIGNMENTS:
No assignment by the Contractor of the contract, or any part there-
of, or of the funds to be received thereunder by the Contractor, will be
recognizedunless such assignment has had the written approval of the Con-
tracting Authority, and the Surety has been given due notice of the assign-
ment in writing.
No"assignment, transfer, or subletting, even though consented to,
shall relieve the Contractor of his liabilities under this Contract. Should
any Assignee fail to perform the work undertaken by him in a satisfactory
manner, the Contracting Authority may, at its option, annul and terminate
Assignee '.s.!contract..
-17. _OTHER CONTRACTS:
The Contracting Authority reserves the right to let other contracts
in connection with this work. The Contractor shall afford other Contractors
reasonable opportunity for the introduction and storage of their materials
and the execution of their work, and shall properly connect and coordinate
his work with theirs.
9l
Whatever work being done by the Contracting Authority's forces or
by any other Contractor is contiguous to work covered by this Contract, the
respective rights of the:.various interest involved shall be established
by the Engineer, in order to secure the completion of the various portions
of the work in general harmony.
18. SUSPENSION OF WORK:
The Contracting Authority may at any time suspend the work or any
part thereof. by giving ten (10) day's notice to the Contractor in writing;
the work shall be resumed by the Contractor ten (10) days after the date
fixed in a written notice from the Contracting Authority to the Contractor
to do so.
If the work, or any part thereof, shall be stopped by the notice
in writing aforesaid, and if the Contracting Authority does not give notice
in writing to the Contractor to resume work at a date within twenty (20)
days of the date fixed in the written notice to suspend, except in the
case of litigation, then the Contractor may abandon that portion of the
work so suspended, and he will be entitled to the estimates and payments for
all work done on the portions so abandoned, if any.
19. THE CONTRACTING AUTHORITY'S RIGHT TO DO WORK:
If the Contractor should neglect to presecute the work properly or
fail to perform any provision of this Contract, the Contracting Authority
after three (3) day's written notice to the Contractor may without prejudice
to any other remedy it may have, make good such deficiencies, and may de-
duct the cost thereof from payments then or thereafter due the Contractor.
20. THE CONTRACTING AUTHORITY'S RIGHT TO TERMINATE CONTRACT:
If the Contractor should be adjudged a bankrupt, or if he should
make a general assignment for the benefit of his creditors, or if a receiver
should be appointed on account of his insolvency, or if he should refuse or
should fail, except in case for which extension of time is provided to
supply enough properly skilled workmen or proper materials, or if he should
fail to make prompt payment to Subcontractors or for material or labor, or
desregard laws, ordinances, or the instructions of the Engineer, or other-
wise be guilty of a substantial violation of any provision of the Contract,
then -the -Contracting Authority, upon the certificate of the Engineer that
sufficient cause exists to justify such action, may, without prejudice to
any other right or remedy and after giving the Contractor ten (10) day's
written notice, terminate the employment of the Contractor as provided under
Paragraph 21, immediately following. In such case, the Contractor shall
mat be entitled -.to receive any further payment until the .work :is finished..
_if -the unpaid balance..of the contract price _shall,exceed the :expense of
finishing the work, including compensation for additional managerial and
administrative services, such excess shall be paid to the Contractor. If
such expenses shall exceed such unpaid balance, the Contractor shall pay
the difference to the Contracting Authority. The expense incurred by the
Contracting Authority as herein provided and the damage incurred through
the Contractor's default, shall be certified by the Engineer.
Pending settlement of
the Engineer may suspend action
Contractor shall not be entitle
reason of such delay, nor shall
although such extension of time
deems it in. the interest of the
disputes on any point of controversy,
on all or any part of the work. The
I to any claim for loss or damage by
he be entitled to extension of time,
may be granted by the Engineer if he
work.
21. TERMINATION FOR BREACH:
In the event that any of the provisions of this Contract
are violated by the Contractor or by any of his Subcontractors, the
Contracting Authority may serve written notice upon the Contractor and
the Surety of its intention to terminate such Contract, such notices to
contain the reasons for such intentions to terminate the Contract, and
unless within ten (10) days after the serving of such notice upon the
Contractor such violation shall cease and satisfactory arrangements for
correction by made, the Contract shall, upon the expiration of said ten
(10) days, cease and terminate. In the event of any such termination,
the Contracting Authority shall immediately serve notice thereof upon
the Surety and the Contractor, and the Surety shall have the right to
take over and perform the Contract, provided, however, that if the
Surety does not commence performance thereof within thirty (30) days
from the date of the mailing to such Surety of notice of termination,
the Contracting Authority may take over the work and prosecute the
same:to':completion by contract for the account and at the expense of
the Contractor, and the Contractor and his Surety shall be liable to the
Contracting Authority for any excess cost occasioned the Contracting
Authority thereby, and in such event the Contracting Authority may
take possession of and utilize in completing the work, such materials,
appliances, and plant as may be on the site of the work and necessary
therefor.
22. PAYMENTS WITHHELD:
The Contracting Authority may withhold or, on accout of
subsequently discovered evidence, nullify the whole or part of any
certificate to such extent as may be necessary to protect the Contract-
ing Authority from loss on account of:
(a) Defective work not remedied,
(b) Claims filed or reasonable evidence indicating
• __ probable filing of claims,
(cY'Failure of the Contractorto make payments properly
to subcontractor or for material or labor,
(d) Damage to another Contractor,
,('e) _Incomplete work
When the above grounds are removed, payment shall be made for amounts
withheld because of them.
23. DELAYS AND EXTENSIONS OF TIME:
If, at any time, the Contractor considers he is being delayed
by an act or neglect of -the Contracting Authority omits employees, or
by any other Contractor employed by the Contracting Authority, or by any
changes or additions ordered in the work, or for any reason beyond his control,
• y+� is
he shall within ten (10) days from the beginning of such delay notify the
Engineer in writing of the causes of any such delay. Extensions of time,
with relief from responsibility for liquidated damages incurred by the
Contracting Authority on account of such delay, will be granted the
Contractor, when, in the opinion of the Engineer; the causes so called to
his attention warrant such extensions of time. No claims for delay will
be considered unless such notice has been filed with the Engineer within
the time specified above.
The Contractor will be required to furnish the Engineer two copies
of each purchase order for materials and equipment as they are issued. If
the Contractor shall seek an extension of time because of delay in receiving
delivery of critical materials, such extension of time may be granted when,
in the opinion of the Engineer, the extension is warranted and the delay is
in no way caused by the Contractor's financial status or by any act or
failure to act on the part of the Contractor. Failure to get items of
material or equipment not essential to the completion of those portions of
the work, which, in the opinion of the Engineer requires supervision by an
Engineer, shall not be deemed justification for waiver of liquidated damages,
however, even though such delays are beyond the Contractor's control, and
even though such items of material or equipment may be essential to the
actual placing in operation of a portion of all of the project. When such
items of materials or equipment are delayed for reasons beyond the Contractor's
control, he shall complete all other work within the specified construction
period.
Extensions of time, without relief from responsibility for liqui-
dated damages incurred by the Contracting Authority on account of delays,
may be granted the Contractor on account of his failure to complete the work
within the time specified.
24. ADDITIONAL, OMITTED, OR CHANGED WORK:
The Contracting Authority, without invalidating the Contract may
order additional work to be done in connection with the Contract or may alter
or deduct from the work, the Contract sum to be adjusted accordingly.
Additional work shall be done as ordered in writing by the Engineer,
which order shall state the location, character, and amount of extra
work. All such work shall be executed under the conditions of the original
contract and subject to the same inspection and tests as though therein
included. {
Compensation for additional, omitted, or changed work shall be
.adjusted as.follows:
'Any changes in.quantities of,work for which. un it. prices - are required
in the'Proposal shaT1 be at and for the price bid. -work ₹or whichprices
are not required shall be paid for or deducted, as the case may be, upon
the basis of an estimate prepared by the Contractor and approved by the
Engineer, prior to the written order changing the quantity of work.
If the Contractor claims compensation for additional work not
ordered as aforesaid, or for claims of damages sustained, he shall make a
written statement of claims for compensation or damages to the Engineer,
which statement shall be in the hands of the Engineer within such time as
will allow a full consideration of the basis for such claim, and in no
case later than fifteen (15) days after the work has been completed or
damages sustained. The Contractor shall furnish, if required, any accounts,
bills, or vouchers relating thereto. Unless such claims are made as re-
ruired, they shall be considered forfeited and invalid.
The Contracting Authority reserves the right to contract with any
person or firm other than the Contractor for any or all extra work. The
Contractor's attention is especially called to the fact that he shall be
entitled to no claim for damages for anticipated profits on any portion of
the work to be omitted.
25. ARBITRATION:
(a) Demand for Arbitration. Any decision of the Engineer which
is subject to arbitration shall be submitted to arbitration upon the demand
of either party to the dispute.
The Contractor shall not cause a delay of the work because of the
pendency of arbitration proceedings, except with the written permission of
the Engineer, and then only until the arbitrators shall have any oppor-
tunity to determine whether or not the work shall continue until they decide
the matters in dispute.
The demand for arbitration shall be delivered in writing to the
Engineer and the adverse party, either personally or by registered mail to
the last known address of each, within ten (10) days of the receipt of the
Engineer's decision, and in no case after final payment has been accepted.
If the Engineer fails to make a decision within a reasonable time, a demand
for arbitration may be made as if his decision had been rendered against
the demanding party.
(b) Arbitrators. No one shall be nominated or act as an arbitra-
tor who is in any way financially interested in this Contract or in the
business affairs of the Contracting Authority, or the Contractor, or the
Engineer, or otherwise connected with any of them. Each Arbitrator shall
be a person in general familiar. with the work or the problem involved in
the dispute submitted to arbitration.
Unless otherwise provided by controlling statutes, the parties may
agree upon one arbitrator; otherwise there shall be three, one named in
writing by each party to this Contract, to the other party, and the third
chosen by those two arbitrators.
.I₹•there .be _one:.arbitrator,:'.his decision shall be binding; if
three-, -the -decision ^o₹ •any --two 'shall be binding -in -respect to :both the
matter submitted to and the procedure followed during the arbitration.
Such decision shall be a condition precedent to any right of legal action.
(c) Arbitration Procedure. The arbitrators shall deliver a
written notice to each of the parties and to the Engineer, either personally
or by registered mail to the last known address of each, of the time and
place for the beginning of the hearing of the matters submitted to them.
I
Each party may submit to the arbitrators such evidence and arguments as he
may desire and the arbitrators may consider pertinent. The arbitrators
shall, however, be the judges of all matters of law and fact relating to
both the subject matters of and the procedure during arbitration and shall
not be bound by technical rules of law or procedure. They may hear
evidence in whatever form they desire. The parties may be represented
before them by such persons as each may select, subject to the discipli-
nary power of the arbitrators if such representative shall interfere with
the orderly or speedy conduct of the proceedings.
Each party, and the Engineer, shall supply the arbitrators with
such papers and information as they demand, or with any witness whose move-
ments are subject to their respective control, and upon refusal or neglect
to comply with such demands, the arbitrator may render their decision
without the evidence which might have been solicited therefrom, and the
absence of such evidence shall afford no ground for challenge of the award
by the party refusing or neglecting to comply with such demand.
The submission to arbitration (the statement of the matters in
dispute between the parties to be passed upon by the arbitrators) shall be
writing duly acknowledged before a notary. Unless waived in writing by
both parties to the arbitration, the arbitrators, before hearing testimony,
shall be sworn by an officer authorized by law to administer an oath,
faithfully and fairly to hear and examine the matters in controversy and to
make a just award according to the best of their understanding.
The arbitrators, if they deem the case demands it, are authorized
to award to the party whose contention is sustained such sums as they
shall consider proper for the time, expense, and trouble incident to the
arbitration, and if the arbitration was demanded without reasonable cause,
damages for delay, and other losses.
The award of the arbitrators shall be in writing and acknowledged
like a deed to be recorded, and a duplicate shall be delivered personally
or by registered mail forthwith upon its rendition, to each of the parties
to the controversy and to the Engineer. Judgement may be rendered upon
the award by the Federal Court or by the highest State Court having juris-
diction to render same.
The award of the arbitrators shall not be open to objection on
account of -the form of the oroceedinas or the award, unless otherwise
provided by the controlling statutes. In the event of such statutes pro-
viding on any matter covered by this Article otherwise than as herein -
before specified, the method of procedure throughout and the legal effect
of'the.award 'shall -be wholly in accord :with. said. statutes, it being the
_intention hereby to -lay,down -a --principle of action to be followed, .leaving
its local application to be adapted to the legal requirements of the
jurisdiction having authority over the arbitration.
The Engineer shall not be deemed a party to the dispute. He is
given the right to appear before the arbitrators to explain the basis of
his decision and give evidence as they may require.
a
26. REFERENCE TO MANUFACTURER OR TRADE NAMES:
Whenever a material, article or piece of equipment is
identified on the plans or in the specifications by reference to
manufacturers' or vendors' names, trade names, catalogue numbers, etc.,
it is intended merely to establish a standard; and, any material,
article, or equipment of other manufacturers and vendors which will perform
adequately the duties imposed by the general design will be considered
equally acceptable provided the material, article, or equipment so proposed,
is, in the opinion of the Engineer, of equal substance and function. It
shall not be purchased or installed by the contractor without the Engineers'
written approval.
27. USE OF COMPLETED PORTIONS:
The Contracting Authority shall have the right to take
possession of and use any completed or partially completed portions
of the work, notwithstanding that the time for completing the entire work
on such portions may not have expired; but such taking possession and use
shall not be deemed an acceptance of any work not completed in accordance
with the Contract Documents. If such prior use of completed portions
increases the cost of, or delays the work, the Contractor shall be entitled
to such extra compensation or extension of time, or both, as the Engineer
may determine.
The Contracting Authority, in taking possession of completed
portions, shall agree to accept the decision of the Engineer, on matters
relating to responsibility for damages that may occur to any portion of
the work during the period of possession preceding acceptance and final
payment.
28. ACCEPTANCE AND FINAL PAYMENT:
As soon as the work has been substantially and satisfactorily
completed, the Engineer will make a final estimate stating that the work
provided for under this Contract has been completed and is accepted by
him under the terms and conditions thereof, with qualifications, if any,
as stated. If certain parts of the work are not completed or if certain
corrections must be made in the work even though the work is substantially
completed, the Engineer is authorized to determine the amount which in his
opinion is required for completion and/or correction of the work, and such
amount may be withheld from the final payment to the Contractor, pending
the completion and correction as required. The balance found to be due the
Contractor shall be paid by the Contracting authority within forty (40)
days after the date of the final estimate. Prior to filing for final
estimates, the Contractor shall file with the Engineer :a receipt in full
from_ each•:manufacturer, subcontractor, dealer and supplier.for All .equipment
and material used on the work and a complete release of all liens which may
have arisen from this Contract. In lieu thereof, the Contractor shall file
statements showing balance due or claimed on all accounts and the Contracting
Authority shall have the right, if it so elects, to withhold sufficient
money to pay such balances until receipts in full or satisfactory evidence
of final determination are filed with the Engineer who may then make
the final estimate.
The making and acceptance of the final payment shall
constitute a waiver of all claims by the Contracting Authority, other than
those arising from incomplete or uncorrected work, unsettled liens, or
from faulty workmanship or materials, and of all claims by the Contractor,
except those previously made and still unsettled.
If the work has been partially but substantially completed
to the extent that all adjustments in the Contract sum may be made, the
Engineer may, if material delay in completion is anticipated or if
otherwise deemed in the interest of the work, make the final estimate,
retaining, in addition to other requirements which may be specified
under payments, an amount representing the cost of unfinished.work.
Such payment shall be under the terms and conditions governing final
payment.
Neither the making of the final estimate, or final payment,
shall relieve the Contractor of his responsibility for faulty materials
or workmanship, and he shall remedy any defects and pay for any damage
resulting therefrom which shall appear within a period of one (1) year
from the date of substantial completion. • The Owner shall give notice of
observed defects with reasonable promptness, and all questions arising
under this paragraph shall be decided by the Engineer.
29. PAYMENTS TO CONTRACTOR:
The Engineer will on or about the Twentieth (20th) day of
each month make an estimate of the work done. As soon thereafter as
possible., and as soon as the Contractor has filed receipted bills showing
that he has paid the previous month's bills, the Contractor will be paid
seventy (70) percent of the value of work in place, plus ten (10) percent
for that portion of the work accepted for beneficial occupancy, plus (20)
percent of the value of work that has been properly cleaned up, plus
fifty (50) percent of the value of the materials on the job site but
not in place (figured from the Contractors paid invoices), minus amounts
previously paid. A final estimate will be made following the final
inspection as provided, under paragraph 28, after which time and within a
period of forty (40) days, the Contractor will be paid the full amount of
the contract price, less amounts previously paid. Payment will be made
only for the actual quantities installed.
The Contracting Authority may withhold or, on account of sub-
sequently discovered evidence, nullify the whole or part of any certificates
to such extent�as may be necessary to protect the Contracting Authority
from loss on account of:
(a) Defective work -not remedied,
.(b) Claims filed or reasonable- evidence _indicating:.probable filing of
claims,
(c) Failure of the Contractor to make payments properly to Sub-
contractor or for material or labor,
(d) Damage to another Contractor,
(e) Incomplete work.
When the above grounds are removed, payment shall be made for amounts
withheld because of them..
30. SHOP AND ERECTION DRAWINGS:
The Contractor shall furnish the Engineer with triplicate
copies of all shop and erection drawings for approval. These drawings
shall include the drawings prepared on structural and reinforcing steel,
special layout drawings of equipment or machinery purchased under this
Contract, and other supplementary drawings required in the prosecution
of the work. One copy shall be returned to the Contractor and two
copies retained by the Engineer for field and office reference. The
approval of such drawings by the Engineer does not constitute an
acceptance of responsibility of their accuracy.
31. LABORATORY TESTS:
All material entering into the work is subject to various
tests as may be required by the specifications. The cost of all such
tests shall be the responsibility of the Contractor furnishing such
material.
The Contractor shall also bear the cost of any tests arising
out of his desire to use materials which may be questionable in the
opinion of the Engineer.
32. DRINKING WATER AND SANITARY FACILITIES:
The Contractor shall provide safe drinking water for his
workmen during the construction period. The water shall be delivered
through a spigot, angle jet fountain, or other approved device. Common
drinking cups will be prohibited.
The Contractor shall furnish adequate sanitary facilities
for workmen in the work area during the construction period.
33. CONSTRUCTION SAFETY:
Throughout these specifications, whenever engineering
decisions are to be made to ensure adequate construction in accordance
with the plans and specifications, such inspection and engineering
decisions are not to be construed as supervision of the Contractors'
work force, nor make the Engineer responsible for providing a safe place
for the performance of the work by the Contractor or the Contractors'
employees.or those of •the suppliers, -his subcontractors, nor-for.access;
visits, use., work, travel, or occupance by any -person., as these responsi-
bilities are covered under the provisions of the contract, the
Contractors insurance and performance bond and cannot be the responsi-
bility of the Engineer.
The above provision does not prevent the Engineer or his
personnel from requiring reasonable safety standards, if, in the
course of their technical supervision, it comes to the attention of
the Engineer that reasonable safety standards are not being carried
out.
DETAILED SPECIFICATIONS
PART I - CONTRACT STIPULATIONS
I-1 SPECIFICATIONS:
These detailed Specifications are drawn with the object of
securing first class workmanship and materials throughout the
work embraced in this contract, and of securing completed struct-
ures properly and well constructed with regard to all local con-
ditions.
Both the Construction Specifications and the Material Specifica-
tions are Standard Specification and are subject to modification
in this section or on the Plans. Where notes on the Plans are in
direct conflict with the Standard Specifications, the notes on the
Plans shall govern.
The following are exceptions to the Standard Specifications:
(1) Rock will not be paid for separately on this job. Any
anticipated rock excavation shall be in the Unit Prices
given in the Proposal.
(2) The cost of all pipe bedding that might be required under
these Specifications shall be included in the Unit Con-
tract Price for pipe and shall not be paid for separately.
I-2 EXTENT OF WORK:
It is mutually agreed and understood that the Contractor will
furnish all tools, labor, equipment, materials, and supplies re-
quired to be furnished, and will construct complete all work shown
on the Plans and in these Specifications.
The Work consists of:
Furnish all labor and materials required to be furnished to
construct the sanitary sewer relocations as shown on the Plans.
I-3 LIST OF PLANS:
The Plans are
bound separate from
the
Specifications and are
generally titled
SEWER" RELOCATION,
OLD
MISSOURI ROAD
DESCRIPTION
Vicinity Map & Index
Plan and Profile
Standard Details
SHEET NO.
1
2
3
31
I-4 LANDS AND RIGHTS -OF -WAY:
The Owner will provide all permanent easements or permits actually
required for the construction of the work in all Schedules.
.The Contractor shall lease, buy, or make satisfactory provisions,
without obligation to the Owner, for all other temporary land easements
or rights -of -way which he may require for access or storage of materials
or equipment.
I-5 STAKING OUT WORK
The Contractor shall be responsible for staking out the
work for construction. No work on a given section shall begin un-
til the Engineer has checked the grade.
I-6 QUALITY OF THE PLANS:
The Plans have been made with care but cannot be assumed to
be correct in every detail when many of the conditions to be encoun-
tered are not shown on existing maps and are underground.
The approximate location of existing underground water,
gas, and telephone lines are shown. The placing of this information
on the Plans in no obligates the Owner as to its correctness, as
it is indicative only and is placed there for the information and
assistance of the Contractor. It is the expressed intent of these
Plans and Specifications that the Contractor is to make his own
investigation of conditions to be encountered, including rock and
underground water, and the submission of the Proposal by the Contac-
tor for the work. constitutes his compliance with this requirement.
DETAILED SPECIFICATIONS
PART II - CONSTRUCTION SPECIFICATIONS
II -1 PLANNING AND EXECUTION OF THE WORK:
The construction work included under these specifica-
tions shall be so planned and executed that the various portions
of the work will be carried on concurrently and the whole completed
within the time allowed.
II -2 EXECAVATION - GENERAL:
All excavation shall be carried accurately to the line
and grade shown on the Plans and/or established by the Engineer.
When excavation is carried below or beyond that required, the space
shall be filled with compacted SB-2. No claim for additional compensa-
tion shall be made for such backfilling as excess excavation unless
the Contracting Authority or its agent is responsible for the error.
When necessary to protect the laborers, the work, or
adjacent property, the Contractor shall provide and install shor-
ing. Such shoring shall remain in place until the backfill has
proceeded to the point where it can be safely removed, except that
if in the opinion of the City Engineer damage is liable to result
from withdrawing shoring, it shall remain in place.
11-3 EXCAVATION - TRENCH FOR SEWER LINES:
All excavation for sewer lines shall be carried accurately
to line and grade. The bottom must be flat and smooth to receive
pipe to provide support for full length of pipe, except for bell
holes. Any or all undercut must be filled to a smooth grade with
SB-2 compacted in place.
Shoring shall be installed as required to protect labor-
ers or adjacent property. Shoring must remain in place until ditch
is backfilled to a point to relieve danger which required shoring.
The Contractor is to leave shoring in place as directed by the
Engineer:= --
Trenches for the sanitary sewer must be excavated to
the depth, line and grade as set by the Engineer, wide enough to
properly install pipe, but not to exceed diameter of pipe plus two
(2) .feet_
Except where special 'bedding is required -and except as
specified herein, rough excavation for sewer and drains shall not
be carried lower than a distance equal to 1/10 of the nominal pipe
diameter or two inches, whichever is the greater, above the speci-
fied trench grade elevation, and the remainder of the excavation
shall be done by the pipe layer immediately prior to installing
the pipe, using the final excavation to firm up on each side of
the pipe previously laid. The bottom of the trench shall be
generally shaped to fit the outside surface of the pipe in such
a manner that the pipe will be in continuous contact with and have
a longitudinal bearing on soil for the full length of the pipe ex-
cept for such distance as it is necessary for bell holes and the
proper sealing of the pipe. joints. The pipe subgrade shall be
accurately graded prior to excavating bell holes. The accuracy of
the finished grade of the pipe shall be obtained in preparation of
the subgrade. A bell hole for each joint shall be excavated by the
pipe layer immediately prior to placing the pipe in the.trench.
Bell holes shall be of such depth that the pipe bell will not come
in contact with the, bottom of the bell hole. All trenches shall be
so graded that the spigot end of the pipe will be accurately centered
in the adjacent pipe bell when laid, without raising or lowering
the pipe after installation in the trench.
If the soil at the bottom of the trench is mucky or in
such condition that it cannot be properly shaped and graded, or if
the subgrade material is too soft to properly support the pipe,
the Contractor shall excavate below the normal subgrade elevation
as directed by the Engineer. Wherever excavation is carried below
the specified subgrade, at the direction of the Engineer, the Con-
tractor shall provide and install a fill of gravel thoroughly tamped
into place up to an elevation sufficient to prepare the subgrade
as specified in the preceding paragraph.
Where water occurs in trenches,. they shall be excavated
to a depth of approximately four (4) inches below grade and back -
filled with SB-2 to a point approximately 1/10 of the internal pipe
diameter or two inches, whichever is the greater, below grade.
Pumps shall then be kept operating, taking suction out of a sump
below the gravel so• as to hold the water level well below the bot-
toms of all bells until the joints have been placed and allowed to
set sufficiently so that water will not injure them.
Where rock or other hard material occurs in the trench
at the planned grade of the bottom of the pipe in such way that any
portion of the pipe would rest on rock or hard material or where
in the opinion of the Engineer it is necessary, all rock shall be
removed to -provide a clearance of at least 6 inches below and on
each side of all pipe, valves, and fittings for pipe sizes 24 inches
or smaller and 9 inches for pipe sizes 30 inches and larger. The
trench shall then be refilled with gravel, thoroughly compacted to
a point approximately 1/10 the nominal pipe diameter, or two inches,
whichever is the greater, above grade and the bottom of the trench
shall be :graded -as previously specified.
The excavation of trenches shall not advance more than
400 feet ahead of the completed pipe work except by permission of
the Engineer.
I1-2
The cost of all work under this section shall be included
in the unit contract price for Sewer Trench as given in the Proposal
and none shall be paid for separately, except that where special
bedding is required as shown on the Standard Detail Sheet, the SB-2
shall be measured and paid for as Special Bedding at the unit con-
tract price given in the Posposal
II -4 ROCK IN TRENCHES:
Rock excavation shall be defined as solid rock in forma-
tion which cannot be excavated efficiently by adequate power shovels
or excavators of recognized standard manufacture in good condition
and adequate size, well handled by skilled operators; and boulders
or pieces of detached rock, which may be embedded in materials not
classed as rock, exceeding ten (10) cubic feet in volume.
The term "excavated efficiently" as used in this.Speci-
fication shall mean that where formation rock can be excavated at
a lower cost per cubic yard of useful excavation by blasting, barr-
ing, or wedging, it shall be so excavated and will be classified
as rock.
The Contractor's attention is called to the fact that a
shale formation exists in Fayetteville that generally can be dug,
and therefore, this material will not be classified as rock except
where it cannot be efficiently excavated as defined above.
The volume of rock excavation shall be determined by
the horizontal measurement of length of trench in which rock occurs,
the vertical measurement of depth of rock and a width "D".
shall be the nominal diameter of the pipe plus 16 inches, but not
less than 24 inches.
No claim for rock excavation outside the above defined
paylines shall be permitted.
Rock excavation shall be measured
and paid
for at the
unit contract
price for rock as given in the
Proposal.
II -5__
BLASTING:
Blasting will be permitted only when
proper
precautions
are taken
for the protection of persons, the
work, and
adjacent
property;
and any damage done to the work or
property
by blasting
shall be
repaired by the Contractor at the Contractor's
expense.
All operations _involving the.proc.ur.ement,.handl:ing,,'use., and
storage of explosives shall be in full compliance with applicable
State and Federal statutes and regulations.
Blasting will be done only after securing written per-
mission from the City Engineers' office. Proof of blasting insurance
will be required before written permission is given the Contractor.
II -3
.`- The Contractor shall be liable for all injuries or deaths
to persons or damage to property caused by blasts or explosions.
The
attention
of
the
Contractor is called to
Section 9
of the General
Conditions
of
the
Specifications entitled
"Insurance"
The cost of all work under this Section shall be included
in the Contract unit price for laying sewer pipe and will not be
paid for separately.
II -6 BACKFILLING:
All trenches shall be backfilled immediately after the
pipe is laid using methods that will not disturb the pipe. Material
used for backfilling shall consist of the excavation or borrow of
sand, gravel or other material approved by the Engineer, and shall
be free of trash, lumber and other debris.
After the pipework has been approved, trenches shall be
backfilled with fine, loose earth free from clods or stones larger
than two (2) inches in any dimension, and of proper moisture content.
This selected material shall be carefully deposited by hand in lay-
ers not to exceed four (4) inches in thickness on both sides of the
pipe and thoroughly and carefully rammed around the pipe until the
backfill has been brought up to the springline of the pipe. The
backfill shall then continue without tamping but with same material,
placed by hand, to a point at least twelve (12) inches above the
top of the pipe. If the excavation is not suitable for this purpose,
as determined by the Engineer, then SB-2 shall be used for this
operation. The remainder of the backfill may then be backfilled by
any approved method which will not injure or disturb the pipe.
Trenches outside the public right-of-way will be neatly
graded up and left slightly "over -full" so that subsequent settle-
ment will leave the route level with the surrounding terrain. Trench
on public property shall be filled and refilled as necessary to
provide a smooth, well -graded appearance.
All backfill shall be settled and consolidated until fur-
ther settlement will not occur. It is the intent of this Specifica-
tion that -the -Contractor shall be responsible for settlement of backfill
in all work covered herein. He shall refill trenches as often as
necessary to bring them back to original grade, and during that
period settlement is occuring shall refill them often enough to
avoid hazardous conditions or inconvenience.
All excavated material .whi.ch.is unsuitable, or'not .needed
..for ,.backfill :shall -be -wasted or disposed of :to the :sat±sf.aiction of
the Engineer. Surfaces shall be cleaned up, all hummocks and piles
smoothed down and the surface left neat and workmanlike. Where
existing drainage ditches are disturbed or obstructed with excavated
material, such material shall be entirely removed and the ditch left
true to original line and grade. Street shoulders shall be restored
to their original contours.
II -4
All roadways and driveways shall be backfilled with SB-2,
compacted in 8 inch lifts. The roadway or driveway shall then be
replaced as called for elsewhere on these Specifications.
SB-2 used as backfill material for roadways and driveways
shall be measured and paid for as Special Backfill at the unit price
given in the Proposal. For the purpose of computing pay quantities,
the depth of backfill shall be measured from the springline of the
pipe and the width of trench shall be the outside pipe diameter plus
16 inches.
The cost of all other work under this section shall be
included in the lump sum contract price and shall not be paid for
separately.
II -7 HANDLING & LAYING SEWER PIPE:
Pipe and pipe fittings shall be handled in such a manner
that will ensure their installation in the work in round, undamaged
condition. Pipe shall not be bumped or dropped. Special care shall
be taken to protect the bell end of the pipe and any premolded joint
material. The contractor shall carefully examine each joint of pipe
before installation and shall lay aside pipe which has been damaged
in any way. Such pipe shall be marked immediately and subsequently
removed from the job site.
All pipe shall be laid in accordance with the manufactur-
er's recommendations for the various types of pipe that may be used.
Pipe bedding shall be as shown on the Standard Sewer Detail Sheet
or elsewhere in these Specifications.
Before laying the pipe, the bottom of the trench shall be
carefully graded and prepared and bell holes excavated so that pipe
shall have a uniform support along at least 3/4 of its length. All
sewer pipe shall be laid with the bell up -grade. Each pipe shall
be laid to the line and grade given by the Engineer, using batter
boards and top line, or other methods approved by the Engineer.
Except by special permission, no pipe shall be laid except in the
presence of an inspector. Each pipe as laid shall be plumbed for
line with plumb bob, and graded with a grade stick for elevation.
The-accuracy--of-.the finished line and grade of the pipe shall be
obtained in the preparation of the subgrade. Care shall be taken
that each spigot is properly centered in the bell of the preceding
pipe and that each pipe is solidly bedded so that settlement will
notsubsequently occur. As the work progresses, the interior of
the sewer_sha.11 be: cleared of all dirt and_superf.luo.us material of
every description..
Laying and backfilling of all sewer lines laid in trench-
es shall follow the excavation of trenches as closely as practicable.
Not more than 400 feet of trench shall be opened in advance of pipe
laying without authorization by the Engineer. Water shall not be
allowed to accumulate in trenches while pipe is being laid. Work
II -5
on sewers crossing roads shall be done in such a manner as to inter-
fere as little as possible with the movement of traffic on the roads.
After installation, each section of pipe shall be subject
to a low pressure air test. The low pressure air test shall be con-
ducted by plugging each opening in the reach of pipe to be tested.
All plugs shall be braced against slippage due to internal pressure.
One of the plugs provided must have an inlet tap or other provision
for connecting an air hose. After the air control equipment is
connected to the air hose, the air pressure shall be monitored so
that the internal pressure does not exceed 5.0 psig. After reaching
4.0 psig, the air supply shall be throttled to allow equilibrium be-
tween air temperature and the pipe walls. During this time, all
plugs shall be checked to detect any leakage. If plugs are found to
leak, theair shall be bled off, the plugs tightened, and air supplied
again. After the temperature has stabilized, the pressure should
be allowed to decrease from 3.5 psig to 2.5 psig. If the time re-
quired for the pressure drop is greater than that shown in the table
below, the pipe shall be presumed free of defects.
PIPE SIZE
MINIMUM TIME (MINUTES)
6
inch
3.0
8
inch
4.0
10
inch
5.0
12
inch
5.5
15
inch
7.5
18
inch
8.5
21
inch
10.0
24
inch
11.5
30
inch
14.5
If by use of the
line is found, that section
vals to determine the exact
If a section of
source of the leak shall be
tire section re -tested.
above procedure a faulty section of
of line shall be tested at 20 foot inter -
location of the leakage.
piping is found to be leaking the exact
determined, a repair made, and the en -
The Contractor shall make the necessary arrangements and
provide necessary pipe plugs and equipment required for testing.
All -sewer pipe as shown on the Plans will be measured
and paid for as pipe. The quantity of sewer pipe shall be deter-
mined by measurement along the top of the pipe as laid from center -to -
.center of :manholes. Depth of pipe will ,be .measured from flow line
.of pipe to existing 'ground elevation..
II -8 CROSSING & PARALLELING OF UTILITY LINES:
The construction of this work lines will necessitate
the crossing and paralleling of existing utilities, including water,
sewer, natural gas, electric, TV cable, and telephone. The known
II -6
J. .
location of such lines are shown on the Plans, but individual
service lines are not shown.
It is the responsibility of the Contractor to notify
all utilities before digging. The Contractor is referred to that
section of the General Conditions of these Specifications where
the Contractor's responsibility for utility crossings is stated.
The cost of all work under this section shall be includ-
ed in the appropriate unit price and none shall be paid for separately.
II -9 MANHOLES:
The construction of manholes shall follow as closely as
possible to the progress of pipe laying.
All manholes are to be cast -in -place except in areas
where access by concrete trucks is impossible. In that case, other
types of manhole construction is permissible upon written consent
of the Engineer.
Manhole inverts shall be carefully constructed to main-
tain the proper velocities through the manhole, and in no case shall
the invert sections through the manhole be greater than that of the
outgoing pipe. The shape of the invert shall conform exactly to the
lower half of the pipe it connects. Side braces shall be plastered,
troweled, and brushed to a smooth clean surface.
The main sewer shall be carried through manholes by split
pipe wherever practicable. Concrete filling between the sewer in-
vert and wall of manholes shall be flush with the tip edges of the
invert and shall slope up from the invert at a rate of three inches
per foot.
Where it is not practicable to use split pipe through
manholes, due to breaks in grade or elevations of incoming sewers,
the sewer invert shall be made of concrete deposited between forms,
or of brick on edge laid up in cement mortar.
Drop manholes and other special structures shall be
buil-t-_in:accordance with the drawings. All fittings, connections,
drops, concrete drop encasements and all other sewer pipe appurten-
ances built into walls shall be provided.
Utilization of the existing manholes shall conform to
the above requirements .for .shaping the invert.
Except where expre-ss'ly -noted -on the Plans or 'stated -i-n
these Specifications, the Contracts shall bid poured in place man-
holes. The low bidder may submit an alternate to the City after
,an award is made. The City may then consider the alternative.
Manhole depth shall be measured by the distance between the
outlet invert and the top of the manhole ring.
II -7
The cost of all work under this section, including man-
hole rings, lids, and steps, shall be included in the unit contract
price for manholes and none shall be paid for separately.
II -10 CONNECTION TO EXISTING MANHOLES:
Where required on the Plans to connect to an existing
manhole, and where no stub exists in such manholes, an opening shall
be cut in the wall of the existing manhole of sufficient size to
permit the proper installation of the new pipe at the designated
line and grade. After new pipe has been installed, extending entirely
through the wall of the manhole, the opening around the new pipe
shall be refilled with concrete, or brick and concrete, and properly
plastered inside and outside with mortar so that no leakage can
occur.Bottoms of existing manholes shall be trenched out and re-
finished to the proper invert as previously specified.
The cost of all work done under this section shall be
included in the Contract unit price for pipe and shall not be paid
for separately.
II -11 CUTTING AND REPLACING SPECIAL SURFACES:
Whenever it becomes necessary in excavating for trench
to disturb special surfaces, such as paved or gravel streets, drives,
walks or parking areas, surfacing shall be restored after completion
of the backfill operation. In these instances, special care shall
be used in making the backfill to eliminate future settlement. The
surface shall be restored using the same type of surfacing materials
that were used in the original surfacing, except that asphalt streets
and highways shall be replaced with concrete as shown on the Plans.
Backfill of trench lying within roadways shall be in
strict accordance with the applicable provisions as stated in Sec-
tion II -6 of these Specifications. The condition of the backfill,
with special regard to the degree of compaction, shall be checked
and approved by the Engineer before any surfacing is placed over
the backfill.
The replacement of special surfacing shall follow as
soon as practical after the completion of the backfilling operation
so asTto restore the roadway to its original condition and traffic
capacity. If in the opinion of the Engineer the replacement of
surfacing is lagging, he may, at his discretion, stop the pipe lay-
ing operation until the replacement of surfacing proceeds in a
satisfactory manner.
Immediately prior to -replacing :asphalt or concrete pave-
ment or surfacing, a chalk line shall be made along both sides of
the trench at the proper width, and the pavement trimmed, along a
straight and vertical line. No claims will be allowed for additional
width of pavement cut and replaced occasioned by this requirement.
The quantity of asphalt and concrete pavement cut and replaced will
be determined by the horizontal length of pavement actually cut and
replaced measured along the centerline of the trench multiplied
by a width of thirty-six (36) inches, except that where a width
greater than thirty-six (36) inches is required and authorized by
II -8
JI p e� '
� µ
the Engineer, the actual width of pavement cut and replaced shall
be used in determining the quantity of pavement cut and replaced.
In gravel surfaced streets or parking areas, the gravel
will be disturbed in excavating for sewer trench. After the back -
fill has been so placed that no further appreciable settlement will
occur, gravel surfacing shall be replaced to the same compacted
thickness as the original surfacing. During construction operations,
the gravel on the remainder of the street not occupied by the trench
may be disturbed and covered with dirt from excavation. After
completion of the backfill, such dirt shall be removed as completely
as possible and additional gravel placed on the street as directed
by the Engineer until the street is satisfactorily restored to its
original condition.
Gravel surfacing cut and replaced will be measured and
paid for as the cubic yards of gravel actually used in replacing
such surfacing.
Special surfacing cut and replaced will be paid for at
the appropriate contract unit price as given in the Proposal. Con-
tract unit prices shall be inclusive of materials, placement, and
all work incidental thereto.
II -12 CROSSING LAWNS:
The following shall apply to all lines crossing lawns,
as designated on the Plans. After settlement has occurred, the dis-
turbed areas shall be. dressed out with three (3) inches of top soil.
The dressed out areas shall then be seeded with the appropriate grass
or grass mixture.
If lawns, bushes and small trees are likely to be damaged
by the work, they shall be taken up ahead of construction. They
shall be properly protected until such time that they can be re -set.
It is the intention of this Specification that lawn
areas be restored as closely as possible to their original condition.
The cost of all work under this section shall be included in the
appropriate Contract unit price for pipe, and shall not be paid
for separately.
II -13 CROSSING FENCES:
The installation of lines will necessitate crossing sev-
or.al :fences as shown -on the Plans..
Fences will be repaired by the Contractor so as to be
equal or better than their original condition prior to construction.
Before cutting fences, adequate horizontal bracing will be installed
in the fence on each side of the cut so as to maintain the tension
in the fence wire. Replacement of fence shall be in a workmanlike
II -9
µ V
manner and wire shall be stretched t' ht d 1
, e c e ig an adequate y secured
to posts by means of 1 inch fencing staples. If necessary to
accomplish proper closure, the Contractor shall furnish and install
new fencing, posts, wire, etc. to properly restore the fence.
Materials shall be of equal quality and size to those as originally
installed..
The Contractor shall be responsible for temporary fencing,
gates, gaps, etc, as necessary to maintain fences in a stockproof
condition during the construction of the pipe line until permanent
fence repairs can be accomplished. He shall take all necessary pre-
cautions and will assume full responsibility to insure that livestock
does not stray or gain entry to cropped areas or to public roads.
The cost of fence repairs in all. Schedules will be in-
cluded in the unit contract prices for pipe, and no separate pay-
ment will be made for crossing and repairing fences.
1I-14 CONCRETE:
All concrete shall be composed of the materials described
in Paragraphs 5, 6, and 7, Part III, and shall be proportioned by
weight in such manner as to obtain a plastic workable mix. All
concrete shall be either Class "A" or Class "B" as shown on the Plans.
Class. "A" concrete shall have a 28 day compressive
strength of 3000 PSI. Class "B" concrete shall have a 28 day compress-
ive strength of 2500 PSI.
Concrete shall be mixed in an approved mixer for not
less than one and one-half (1z) minutes after all materials are in
the drum and shall be deposited within thirty (30) minutes after
mixing. Handmixed concrete will not be allowed.
In placing concrete, care shall be taken that the freshly
placed mass is so placed and vibrated that there is no tendency for
the coarse aggregate to segregate from the mortar.
All concrete shall be properly protected from too rapid
curing or from freezing while green.
The __ cost of all work in this section shall be included
in the unit coptract price for Class "A" or Class "B" concrete
and shall not be paid for separately.
_II -15 CLEANING UP.:
After _the construction work as completed., all _refuse and
debris resulting from the work shall be cleaned up and disposed
of to the satisfaction of the Engineer. All excess excavation,
waste concrete, piping, lumber, other refuse shall be removed from
the site of the work and the site leveled, graded, and dressed up
until it is neat, smooth, and workmanlike.
It shall
be specifically understood that
the
clean up
operation shall be
maintained as closely as possible
to
the pipe
II -10
- i
laying operation. If, in the opinion of the Engineer, the clean up
operation is not being maintained satisfactorily, he may interrupt
the pipe laying operation until such clean up is completed to his
satisfaction.
The cost
of
all work under
this
section
shall be included
in the appropriate
unit
price and will
not
be paid
for separately.
II -16 HIGHWAY CROSSINGS:
Highway crossings
shall
be at the
size and type
(open
cut or bored) as shown on the
Plans.
The crossings shall be made in strict accordance with
the State Highway Department regulations and as stipulated in the
Utility Crossing Permit. It shall be the responsibility of the
Contractor to conform to all such regulations, for safety and construc-
tion procedures. The City shall be responsible for obtaining the
required permit.
Where an open cut is made, replacement of the driving
surface shall be in accordance with Highway Department regulations.
If there is a conflict between current. Highway Department regulat-
ions and replacement procedures as shown on the Standard Detail Sheet
or described in these Specifications, then Highway Department regula-
tions shall govern.
The cost of all work under this section shall be paid for
at the appropriate unit contract price. -
II -17 SPECIAL BACKFILL:
Special Backfill shall consist of SB-2 for the entire
length of Line "B" as shown on the Plans and compacted as called
for. elsewhere in these Specifications. Line "B" is laid under an
existing road and under a future road, and it is the intent of
this Specification that no settlement occur after initial install-
ation.
Special Backfill shall be measured and paid for as
Special Backfill at the unit price given in the Proposal. The pay -
lines for computing the quantity of Special Backfill shall be the
actual length of backfill, the depth from the invert of the pipe to
the ground surface, and a width of 30 inches.
II -18 PIPE ON PIERS:
Ductile iron pipe shall be placed on piers as shown on
the Plans. The length of pipe on piers for pay purposes shall be
the distance between the first and last pier.
The cost of all work under this section shall be paid for
at the unit price given in the Proposal and none shall be paid for
separately.
DETAILED SPECIFICATIONS
PART III - MATERIALS
III -1 GENERAL:
The work to be done under this contract as shown on the
Plans and provided for in the Specifications includes the furnish-
ing of all equipment, labor, tools, supplies, and materials required
for the construction of a sewer collection system and related work
as provided for in the Proposal.
III -2 VITRIFIED CLAY SEWER PIPE:
Vitrified clay pipe and fittings shall be plain end pipe
conforming to the Extra Strength requirements of ASTM C-700, latest
revision. Pipe shall be joined using a compression sleeve manufactured
to conform to ASTM Specification C-425, latest revision.
Proof of testing in accordance with ASTM C301-79 or its
latest revision shall be submitted upon request.
III -3 PVC PIPE:
PVC pipe and fittings shall have a Standard Dimension
Ratio (SDR) of 35 and shall conform to ASTM Specification D3034,
latest revision.
Joint type shall be bell and spigot with a single rubber
gasket.
Proof of testing in accordance with applicable ASTM
Standards shall be furnished upon request.
III -4 TRUSS PIPE:
Truss pipe shall conform to applicable ASTM Standards for
truss pipe materials.
Joints shall be of the solvent weld type.
_ Manh6le water stops shall be from Amco Steel Corporation,
or be an approved equal.
:nz•-5 DUCTILE IRON .PIPE:
Ductile iron pipe for sewers shall be Class 50 manufactured
and tested in accordance to AWWA Specifications.
III -6 MANHOLE CASTINGS:
All castings shall be made of clean, even grain, tough
gray cast iron. The castings shall be smooth, true to pattern and
I S.. • 1.
4 A,>
free from projections, sand holes, warp and other defects which
would interfere with use of, or impair the serviceability of the
castings.
Circular Manhole rings and covers for sewer manholes
shall be 250 pound standard with solid cover. Cover shall have 2
pick holes, on opposite sides, at the edges.
Manhole steps shall be 8" in width and may be either cast
iron or a plastic step approved by the Engineer.
11I-5 CONCRETE AGGREGATES:
Fine aggregate shall consist of sand or other approved
inert material with similar characteristics, having hard, strong,
durable particles with not more than one (1) percent by weight of
clay lumps or three (3) percent by weight of material removed by
decantation. Mortar specimens made with the fine aggregate shall
have a compressive strength at twenty-eight (28) days of not less
than ninety (90) percent of the strength of similar specimens made
with Ottawa sand having a fineness modulus of not less than 2.40 and
not more than 3.00 and the variation in modulus shall be limited to
+0.20 from the average of all tests. Gradation shall fall within
the following requirements:
TOTAL PASSING PERCENT BY WEIGHT
No.
4 Sieve
95-100
No.
16 Sieve
35-75
No.
50 Sieve
10-25
No.
100 Sieve
2-,8
Coarse aggregate shall consist of crushed stone, gravel,
or other inert material of similar characteristics, having clean,
hard, strong, durable, uncoated particles with not more than five
(5) percent by weight of soft fragments, one-fourth (1/4) percent
by weight of clay lumps, and one (1) percent by weight of material
removed by decantation, except that when the material removed by
decantation consists essentially of crushed dirt the maximum amount
permitted may be increased to one and one-half (1',) percent by weight.
Coarse aggregate may be either of two sizes,.l½ inch and smaller or
3/4 inch and --smaller, and shall be graded within the following
requirements:
Percent Passing
by Weight
Maximum size mesh screne (sq. mesh) 97-100
Half Maximum size mesh screne (sq. mesh) 40- 70
No. 4 Sieve 0- 6
III -6 CEMENT:
Portland cement shall conform to the requirements of the
Standard Specifications for Portland Cement, ASTM Designation C 150,
Type I.
•
g'r Masonry cement shall conform to the requirements of the
Standard Specifications for Masonry Cement ASTM Designation C 91.
III -7 WATER:
Water for mixing concrete shall be clean and free from
infurious amounts of oils, acids, alkalies, salt, organic matter
or other deleterious substances.
III -8 SPECIAL BACKFILL AND BEDDING MATERIAL:
Special backfill and bedding material shall be SB-2 as
defined in the Arkansas State Highway Department's Standard Specifica-
tions.
III -9 PRECAST MANHOLE SECTIONS:
Precast manhole sections shall be equal to those manu-
factured by Hardwall Fabricators of North Miami, Oklahoma.
11I-3
IIIIII nsuuranceaServ,es
Administrative oIIin[ Irvine. c.Mdorn,a
Proposal Bond
KNOW ALL MEN BY THESE PRESENTS, Bond no. oo66 -
That we Tomlinson Asphalt Company, Inc.
as Principal, and the Transamerica Premier Insurance Company, a corporation under the laws of the State of California, as
Surety, are held and firmly bound unto City of Fayetteville, Arkansas
- - - thereinafter called the obligee)
in the full and just sum of 5% of bid amount, bid amount not to exceed $25,000.00
for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors or successors,
jointly and severally, firmly by these presents.
WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Sewer line relocation
Old Missouri Road — Favetteville,
Arkansas
- NOW, THEREFORE, if said contract be awarded to the Principal and the Principal shall, within such time as may be specified,
enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said con-
tract, then this obligation shall be void; otherwise to remain in full force and effect. Provided, however, that if said contract is not
awarded within 60 days of the date of bid opening, this bond shall be void and of no force and affect.
Signed and Sealed this 14th day of October , 19 86
Tomlinson Asphalt Company, inc.
Principal
Y �
Tra merica Pr ier Insurance:Compa?iyr
BSam H. Less'— Attorney-in-factrr`tti��tr%
cdIIIll Insurance Services
N°,
GPA 0066
Power of Attorney valid only it numbered in red.
General Power of Attorney -
Know AII'Men by These Presents, That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the
State of California, and having its administrative office in Irvine, Orange County, California, does by these presents make, constitute and
appoint
SAM LESS
of Memphis
and State
of
Tpnnpccpp
its true
and lawful Attorneys)
-in -Fact,
with full power and authority hereby conferred in its name, place and
stead, to
execute, acknowledge
and deliver
CONTRACT BONDS (S.B.A. Guarantee Agreement) - MAXIMUM PENALTY $250,000.00
THIS POWER OF ATTORNEY SHALL TERMINATE AND BE
OF NO FURTHER EFFECT AFTER DECEMBER 31, 1986"
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said
appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance
Company, at a meeting held on the 12th day of June, 1984. -
"Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and
authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the
following provisions:
"Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute,
acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or
obligatory undertakings and any and all notices and documents canceling orterminating the Company's liability thereunder, and any such instruments
so executed by any such Attorney-in•Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate
Secretary." -
• In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its . President
- _ -- -and-its-corporate-seal to be hereto -affixed this -5th - — - day of
June A.O.. 19 86
State of California
ss.:
County of Orange
OALIFORIA\
On this— 5th day o June , in the year 1986 before me
Joan M. Wynn - - , a notary public, personally appeared
Jack M. Trapp ,personally known to me to be the person who
executed the within instrument as President _ n behalf of the corporation therein named and
acknowledged to me that the corporation executed it.
OFFICIAL SEAL
JOAN M. WYNN
.^p�-`' `• NOTARY PUBLIC - CALIFORNIA 4�=K 2
}• - c'' PRINCIPAL OFFICE IN
,may ORANGE COUNTY r Notary Public
MY COMMISSION EXPIRES SEP. 18, 1987
I, the urtrfersigned Secretary Lit lfansamerrca lien br Insurance Company hereby certify that the above and foregoing is a full, true and correct.copy of --
the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect:
QREMtER1rys�
P 9gyc
W �
g o
I INCORPORATED 1'O
JULY 1, 1941 J -<
`7
.3
TRANSAMERICA PREMIER I URANCE CO
And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the
following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th
of June, 1984, and that said resolution has not been amended or repealed: E^
"Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may`.b affixed -or printed by
facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and Seal Shall,be.valid and'bmdmg
upon this Corporation." _y„ ;` r
GIVEN under my hand and the seal of said Company, this 14th day of 'Octooer ^4
:.f-
19 86`',�-•``�,-
THIS POWER OF ATTORNEY EFFECTIVE ONLY IF