HomeMy WebLinkAbout80-86 RESOLUTIONFEW
RESOLUTION NO. 80-86
•
A RESOLUTION AUTHORIZING THE MAYOR AND CITY ('T.FRK
TO EXECUTE A CONTRACT WITH JERRY D. SWEETSER,
INC. FOR THE CONSTRUCTION OF A WATER LINE EXTENSION
ON LETITIA LANE IN THE CITY OF GREENLAND.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF F1VIT TF,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute a contract with Jerry D. Sweetser, Inc. for the construction
of a water line extension on Letitia Lane in the City of Greenland.
A copy of the contract authorized for execution hereby is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this
▪ •
• • •1.
5th' day of
APPROVED
By:
Auguste
, 1986.
. dep
ayor ��/
// day of ` r`a- , 19
Fayetteville, Arkansas, Party of the Firstrt, acting
duly authorized representative, and
CONTRACT AGREEMENT
1. This Contract and Agreement, made and entered
by and between
Party of the Second Part:
WITNESSETH:
1)4
into this
the City of
rough
��its'
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 requ red
Oto b`L�p"�'' o-jefurnished and to construct the imp ovewent� designated as 1 .
0 W a -n,0. L of / 7 J -I t SL
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.- Time is expressly made of the essence of this agreement.
4. The Party of the Second Part agrees to furnish a Bond, with
an approved Surety thereon, guaranteeing the performance of this Contract,
as required by the laws of the State of Arkansas, and for not less than
one hundred (100) percent of the amount of this contract. Said Bond
shall be conditioned on full and complete performance of this Contract
and acceptance by the Water and Sewer Department for the payment of all
labor and materials entering into or incident to the proposed improvements
and shall guarantee the work against faulty workmanship or materials for
a period of one (1) year after completion. The Surety on said Bond shall
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 //o? ‘74,` DAY OF
a ,�,
.,_,,;•
•
WITNESS:
SEAL ,IF r a
A , 19ff�
CITYFAYETTE LE
FA TTE ILLE
B
MAYOR
WITNESS
Affixo;r_porate Seal here (if any)
11
64,2
AME AND TIT'
a
U INES ADDR SS
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No 83788
Know an Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Neil Danner
of the City of Fayetteville . , State of Arkansas ,
its true and lawful attorney in and for the State of Arkansas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
j-s-s‘A
eill
rrmay lwfully`do in iii premises by virtue of these presents.
(n Witnui Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealer . 25th
d with ttsecorporrate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this day of
Neil Danner
May ,A -D.1973
(SEAL)
STATE OF MARYLAND,
BALTIMORE CITY I)
ss:
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) By
(Signed)
Bertram W. Sealy, Jr.
David L. Royer
Vice -President.
Assistant Secretary.
on this 25th day of May , A. D. 1973 , before me personally came
Bertram W. Sealy, Jr. , Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and David L. Royer , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland;
that_they, the said. . Bertram W. Sealy, Jr. and David L. Royer were respectively
the' Vice -President and the Assistant Secretary of the said' UNITED STATES FIDELITY -AND GUARANTY COMPANY,the-cor-
poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the
seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora.
tion, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company.
My commission expires the first day in July, A. D. 19. 71 ....
(SEAL)
STATE OF MARYLAND )
BALTIMORE CITY, 1} Set.
(Signed) Herbert J. Aull
Notary Public.
I, Robert H. Rouse , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Herbert J. Aull , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record, this 25th . day of May , A. D. 19 73
Robert H. Bouse
(SEAL) (Signed)
.
Clerk a1 the Superior Court of Baltimore Calf.
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NOLLI IOS3H d0 AdO3
DETAILED SPECIFICATIONS
LETITIA STREET
WATER LINE
GREENLAND, ARKANSAS
JULY 1986
ADVERTISEMENT
Notice is hereby given that the City of Fayetteville,
Fayetteville, Arkansas, hereinafter called the Owner, will receive
sealed bids at the Purchasing Agents Office, City Hall, 113 West
Mountain, Fayetteville, Arkansas, until 10:00 a.m., on
the 22nd day of JulY , 1986, for the furnishing
of all tools, labor, and materials, and performing the necessary
work to be done in constructing 1480 feet of 6 -inch water line
on Letitia Street, Greenland, Arkansas.
The location of the work is set out in the Plans and
Specifications on file in the office of the City Engineer,
Fayetteville, Arkansas. Work to be performed includes the placement
of approximately 2450 feet of 6 -inch water line and 2 fire hydrants.
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 to thoroughly familiarize themselves with
all conditions to be encountered.
Each bid must be accompanied by a surety bond in the amount
equal to five percent (5%) of the whole bid, said bond to be issued
by a surety company licensed to do business in the State of
Arkansas, said bond to be retained as liquidated damages in case
successful bidder fails, neglects or refuses to enter into the
contract for the construction of said works, and furnish the
necessary bonds within ten (10) days from and after the date the
award is made.
The successful bidder will be required to furnish a performance
and payment bond, in favor of the Owner, in an amount equal to
one hundred percent (100%) of the contract amount, at the time
of the award of the particular contract section.
The Owner reserves the right to reject any and all bids,
and to waive any formalities deemed to be in its best interest.
The attention of all bidders is called to the fact that if
this contract exceeds $20,000 they must be licensed under the
terms of Act 150 of the 1965 Acts of the Arkansas Legislature,
as amended.
Notice is hereby given that the City of Fayetteville is an
Equal Opportunity Employer.
The proposed contract is under and subject to Executive Order
11246 of September 24, 1965.
The successful bidder will be required to submit a
Certification of Non -segregated Facilities prior to award of the
Contract, and to notify prospective subcontractors of the
requirement for such a Certification where the subcontract exceeds
$10,000.
Neither contractor nor subcontractor shall exclude from
participation in, deny the benefits of, or subject to discrimination
under any program or activity, any person in the U.S. on the grounds
of race, color, national origin, or sex, nor discriminate on the
basis of age under the Age Discrimination Act of 1975, or with
respect to an otherwise qualified handicapped individual as provided
in Section 504 of the Rehabilitation Act of 1973, or religion
except that any exemption from such prohibition against
discrimination 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.
This advertisement is hereby made a part of this specifications
and a part of any subsequent contract.
Sturman Mackey
Purchasing Agent
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 other respects perform the agreement created by the
acceptance of said Bid.
then this obligation shall be void, otherwise the same shall remain in
force and effect; it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of the obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that
the obligations of said Surety and its bond shall be in no way impaired
or affected by any extension of the time within which the Owner may
accept such Bid; and said Surety does hereby waive notice of any such
extension.
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:
Place
Date
PROPOSAL
(A UNIT PRICE CONTRACT)
7 -
012 X'C
Proposal of
organized
corporation*
and existing under the laws of the State of
, and qualified to do business in the
State of Arkansas; a Partnership* consisting of
, an Individual* trading
as
TO THE CITY OF FAYETTEVILLE, ARKANSAS:
The bidder in compliance with your invitation for bids for
the construction of 6 -inch water line, Letitia Lane, Greenland,
Arkansas, having examined the Plans and Specifications with related
documents and the site of the proposed 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 rpices 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 consecutive
calendar days
Bidder acknowledges receipt of the following addenda:
*Fill out applicable blank
•
ITEM
NO.
ESTIMATED QUANTITY
AND DESCRIPTION
1. 1480 feet of 6 incl pipe,
ductile iron o
(circle one)
2. 4 each, 6 inch gate valves
- 2 -each, fire hydrants,
installed complete
4. 5 yards Class "B" concrete
5. Connections to existing
2/ inch line, lump sum
UNIT**
PRICE TOTAL
Dollars
$ 7 g $ /f, /oo,°0
thy, Si
Dollars
s320,06 $ 1,2ga.oO
.-hteclu,e 144.4"41
Dollars
S/200.no $ 21400.pO
6. 200 tons, SB2
7. 30 linear feet, concrete encasement
TOTAL BID
0
17
ollars
$ /co, e. $ 3 0a. 00
ollars
Dollars
$ a poo. °°
$ la.°0' $ 3‘o."
** 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 52
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.
SEAL - if bid is by a corporation
Respectfully Submitted:
By A aJr,,/ 1,v.%?
i ?o
a-L1� ;72 7o /
(Business Address and Zip Code)
ARKANSAS PERFORMANCE AND PAYMENT BOND
(14-604 Arkansas Statutes)
KNOW ALL MEN BY THESE PRESENTS: That we (1)
a (2) , hereinafter called "Principal" and
(3) of , State of
hereinafter called the "Surety", are held and
firmly bound unto (4) , hereinafter called
"Owner" in the penal sum of dollars ($
in lawful money of the United States, for the payment of which sum well
and truly to be made, said principals and Surety bind themselves, their
heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal
entered into a certain contract with the Owner, 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.
5
•
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:
SECRETARY (PRINCIPAL)
(SEAL)
(PRINCIPAL)
BY
(TITLE)
(ADDRESS)
WITNESS AS TO PRINCIPAL (SURETY)
ADDRESS
ATTEST:
SECRETARY (SURETY)
(SEAL)
WITNESS AS TO ATTORNEY-IN-FACT
ADDRESS
BY
ATTORNEY-IN-FACT
ADDRESS
NOTE: Date of Bond must not be prior to date of Contract.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Correct name of Contractor
A Corporation, a Partnership, or an individual, as case may be
Correct name of Surety
Correct name of Owner
If Contractor is Partnership, all partners shall execute bond
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
Must be executed by Arkansas Local Resident Agency for Surety
•
INSTRUCTIONS TO BIDDERS
1. QUALIFICATIONS OF CONTRACTORS:
Before submitting a bid, bidders must be licensed under the
terms of Act 150 of the 1965 Acts of the Arkansas General Assembly, and the
successful bidder must be legally qualified in all respects to do business
in the State of Arkansas.
When called upon to do so after receipt of Proposals, bidder
shall prepare a Financial Statement, Experience Record, and Equipment
Schedule. These statements shall reflect the current status of the bidder.
The statements of each bidder, must show net liquid assets or credit
facilities in an amount of not less than fifteen (15) percent of the total
amount bid. Each bidder must ha -e had at least three (3) year's experience
in construction of similar improvements and must have successfully completed
at least three (3) such projects Each bidder must have equipment available
which, in the opinion of the Engineer, is adequate to complete the work under
these Specifications in the time allowed for completion. Should any bids
be received from bidders whose statement, when filed, fail to show that the
bidder's qualifications meet the minimum requirements above -enumerated,
such bids may be rejected.
2. LOCAL CONDITIONS:
Bidders shall read the Specifications, examine the Plans, and
make their own estimates of the existing facilities and the difficulties
which will attend the execution of the work called for by the proposed
Contract, including local conditions, uncertainty of weather, and all other
contingencies. Bidders shall satisfy themselves by personal examination of
the location of the proposed work, and by such means as they may choose, as
to actual conditions and requirements. Information derived from the Plans
and Specifications or from the Engineer or his assistants shall not relieve
the bidder of this responsibility.
3. PROPOSAL GUARANTEES:
Proposals must be accompanied by either a certified or cashier's
check, drawn on a National Bank or a bank having membership in the Federal
Reserve System, or a Bid Bond executed by a satisfactory Surety. The proposal
guarantee shall be in an amount not less than five (5) percent of the bid
and made payable to the Contracting Authority to whom the Proposal is made.
A lesser amount will not be accepted.
The proposal guarantee, or other bid qualifications, shall be sealed
in a separate envelope firmly attached to the outside of the sealed Proposal.
The outer envelope shall be opened first, and if the documents are not found
to be in order, the sealed Proposal shall be returned to the bidder unopened.
The amount of any check or bond 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 furnishingof 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
o the Contracting authority, and clearly marked on the outside of the
envelope, "Proposal for Construction Contract" to be opened at (date and
time). The Bidder's current Arkansas Contractor's license number mus
arked on the envelope.
(h) The Contracting Authority will not consider bids covering
only a portion of these specifications.
•
(i) The unbalancing of bids will not be tolerated. Evidence of
material unbalancing will be considered cause for rejection
5. MODIFICATION OF BIDS:
No modification of bids already submitted will be considered
unless such modifications are received prior to the hour set for opening.
6. BID BONDS, CONTRACT BONDS, AND INSURANCE -
Attention of bidders is called to Act 82 of the 1935 Acts of the
Arkansas General Assembly, which requires that all bid bonds, performance
bonds, labor bonds, employer's liability insurance, public liability
insurance, workmen's collective insurance, and property damage insurance
must be secured through resident agents of Arkansas.
7. CLARIFICATION OF CONTRACT DOCUMENTS:
If any person contemplating submitting a bid for the proposed
contract is in doubt as to the true meaning of any part of the Plans,
Specifications, or other proposed Contract Documents, he may submit to the
Engineer a written request for any interpretation thereof. The person
submitting the request will be responsible for its prompt delivery. Any
interpretation of the proposed Documents will be made only by an Addendum
duly issued, and a copy of such Addendum will be mailed to each person who
has previously secured or who subsequently secures a set of Documents. The
Contracting Authority will not be responsible for any other explanations
or interpretations of the proposed Documents
8. EXECUTION OF CONTRACT DOCUMENTS:
Following the award and within ten (10) days, provided for in the
Proposal, the successful bidder shall properly execute five (5) counterparts
of the Contract Documents.
9. BASIS OF AWARD:
Bids will be considered on the basis of the total bid price or
prices given in the Proposal. In the event Unit Prices are required they
will not be considered except that evidence of serious unbalancing of the
Unit Prices shall be considered cause for rejection of bids.
The Contract(s) will be awarded to the bidder (or bidders in the
case of more than one Schedule of Work) submitting the lowest and best bid
(or combination of bids), considering the contractor's experience and
ability to do the work, and the character and quality of the equipment
he proposes to furnish. The Contracting Authority reserves the right to
select such bids or combination of bids which in its opinion would serve
its interest best.
The Contracting Authority reserves the right to select between
any Alternatives in the Proposal.
1A
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:
With respect to all work performed under this contract, the
Contractor shall:
1. Comply with the safety standards provisions of applicable laws,
building and construction codes and the "Manual of Accident Prevention
in Construction" published by the Associated General Contractors of
America, the requirements of the Occupational Safety and Health Act of
1970 (Public Law 91-596), and the requirements of Title 29 of the
Code of Federal Regulations, Section 1518 as published in the "Federal
-Register", Volume 36, No. 75, Saturday, April 17, 1971.
2. Exercise every precaution at all times for the prevention of
accidents and the protection of persons (including employees) and
property.
3. Maintain at his office or other well known place at the job site,
all articles necessary for giving first aid to the injured, and shall
make standing arrangements for the immediate removal to a hospital or
a doctors care of persons (including employees), who may be injured on
the job site. In no case shall employees be permitted to work at a job
site before the employer has made a standing arrangement for the removal
of injured persons to a hospital or a doctors care.
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GENERAL CONDITIONS OF THE SPECIFICATIONS
1. GENERAL DESCRIPTION:
The work embraced in these Contract Documents consists of
the following:
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 be held fully responsible to the Contracting
Authority and the Engineer for the acts and omissions of his Subcontractors
and of the persons directly or indirectly employed by his Subcontractors.
Nothing contained in these Specifications or in the Contract
Documents shall create any contractual relation between any Subcontractor
and the Contracting Authority.
6. THE CONTRACTOR:
It is understood and agreed that the Contractor has satisfied him-
self as to the nature and location of the work, the conformation of the
ground, the character, quality, and quantity of the materials to be encountered,
the character of the equipment and facilities needed preliminary to and
during the prosecution of the work, the general local conditions, and all
other matters which can in any way affect the work under this Contract. No
verbal agreement or conversation with any officer, agent, or employee of
the Contracting Authority or Engineer, either before or after the execution
of this Contract, shall affect or modify any of the terms or obligations
herein contained.
..
a
• 7. THE ENGINEER:
The Contracting Authority contemplates and the Contractor shall
permit and make possible a thorough inspection by the Engineer of all work
and materials furnished under the Contract Documents. The Contractor shall
perform the work to the satisfaction of the Engineer. No work shall be
performed by the Contractor without the knowledge and approval of the Engineer.
The Contractor shall be an "independent contractor" with full
power and authority to select the means, methods and manner of performing
the work, being responsible to the Contracting Authority for all materials
delivered and the results contracted for. The authority of any represen-
tative of the Contracting Authority of the Engineer is limited to such
determinations concerning the interpretation and performance of the Contract
Documents. The failure of any representative of the Contracting Authority
or of the Engineer to condemn or reject work or materials, or otherwise to
exercise any function entrusted to him, shall not excuse the Contractor
from the faithful performance of this Contract, nor shall such action imply
any acceptance by the Contracting Authority or by the Engineer of faulty
work or materials.
The Engineer shall, within a reasonable time after presentation,
make decisions in writing on claims arising between the Contracting
Authority and the Contractor and shall make interpretations of plans and
specifications.
8. BOND:
Coincident with the execution of the Contract, the Contractor shall
furnish a good and sufficient surety bond in the amount of ninety-five (95)
percent of the contract sum, guaranteeing the faithful performance of all
covenants, stipulations, and agreements of the Contract, the payment of
all bills and obligations arising from the execution and performance of the
Contract, and guaranteeing the work against faulty workmanship and materils
during construction and for one year after completion, all provisions of
the bond to be complete and in full accordance with the statutory require-
ments. The bond shall be executed with the proper Sureties through a company
-licensed and qualified to operate in the State and approved by the Con-
tracting Authority. If at any time during the continuance of the Contract.
the Surety on the Contractor's bond becomes irresponsible, the Contracting
Authority shall have the right to require additional sufficient Sureties
which the Contractor shall furnish to the satisfaction of the Contracting
Authority within ten (10) days after the notice to do so. In default, thereof,
the Contract may be suspended, and all payments or money due the Contractor
withheld.
The bond must be filed with the Circuit Clerk of the County in
which the work is to be performed before any work under the Contract is
performed.
A form of this bond is attached hereto and made a part of these
Specifications.
9. INSURANCE:
The Contractor shall maintain such insurance as will protect him
from claims under workmen's compensation acts and other employee benefits
and from claims for damages because of bodily injury, including death, and
from claims for damages to property which may arise out of operations or the
work, whether such operations be by himself or by any subcontractor or any-
one directly or indirectly employed by either of them. The insurance shall
be written in companies authorized to do and doing business in Arkansas and
for not less than the following limits:
Comprehensive General Public Liability with bodily
injury limits of $ 100,000 and $ 300,000 and property
damage limits of $ 50,000;
Comprehensive Automobile Liability (owned, hired
and non -owned Vehicles) with bodily injury limits
of $,100,000 and $ 300,000 and property damage limit
of $ 50,000 for each accident;
Standard Workmen's Compensation and Employer's
Liability covering with statutory limits;
Contractual liability insurance with bodily injury
limits of $ 100,000 and $ 300,000 and property damage
limits of $ 50,000.
Certificates of such insurance shall be filed with the Engineer
before work commences under any contract or subcontract.
10. ROYALTIES AND PATENTS:
The Contractor shall pay all royalties and license fees. He shall
defend all suits or claims for infringement of any patent rights, and shall
save the Contracting Authority from loss on account thereof.
11. INSPECTION:
The detailed manner and method of performing the work shall be
under the direction and control of the Contractor, but all work done shall
at all times be subject to the inspection of the Engineer or his authorized
representative to see that it is done in accordance with the Contract
Documents.
Inspectors may be appointed by the Engineer or Contracting
Authority and their duty shall be to guard the Contracting Authority against
defects and deficiencies in the work and to see that the work is done in
accordance with the Contract Documents. Inspectors shall have authority,
subject to the final decision of the Engineer, to condemn and reject any
defective work and to suspend the work when it is not being done properly,
but the responsibility for the work and compliance with the Contract Documents
and all applicable laws, rules and regulations shall be the Contractor's.
Inspectors shall have no authority to permit any deviation from
the Plans and Specifications except on written order from the Engineer, and
the Contractor will be liable for any deviation except on such written order.
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 be off line or grade.
The Contractor shall carefully preserve bench marks, reference
points, and stakes, and in case of willful or careless desruction, he shall
be charged with the resulting expense and shall be responsible for any mis-
takes that may be caused by their unnecessary disturbance or loss.
14.
PROTECTION OF WORK,
PROPERTY, AND
PERSONS AND CONTRACTOR'S
RESPONSIBILITY FOR
DAMAGE CLAIMS:
The Contractor shall adequately protect the work, the Contracting
Authority's property, adjacent property and the public from injury, damage
or loss arising in connection with the contract or the work.
The Contractor shall provide and maintain all passageways, guard
fences, lights or other facilities for safety and protection required by
any public authority or local conditions.
The Contractor assumes entire responsibility and liability for
any third party claims and actions based upon or arising out of injuries,
including death to persons or damage to or destruction of property, sus-
tained or alleged to have been sustained in connection with or to have
arisen out of or incidental to the performance of this contract by the
Contractor, his agents and employees and his subcontractor, their agents
and employees, regardless of whether such claims or actions are founded in
whole or in part upon alleged negligence of the Contracting Authority,
Contracting Authority's representatives or the Engineer, or the employees,
agents or licensees thereof. The Contractor shall indemnify and hold
harmless the Contracting Authority and its representatives and the Engineer
and his representatives in respect to any such matters.
15. LEGAL RESTRICTIONS AND PERMITS:
The Contractor shall procure at his own expense all necessary
licenses and permits of a temporary nature, and shall give due and adequate
notices to those in control of all properties which may be affected by his
operations. Permits, licenses, and easements for permanent structures or
permanent changes in existing facilities will be provided by the Contracting
Authority unless otherwise specified. The Contractor must obtain per-
mission from the Contracting Authority or other proper authority before
blockading any roads or highways, and shall furnish all necessary barricades
and detour signs. The Contractor shall give all notices and comply with all
laws, ordinances, rules, and regulations bearing on the conduct of the
work as drawn or specified.
16. ASSIGNMENTS:
No assignment by the Contractor of the contract, or any part there-
of, or of the funds to be received thereunder by the Contractor, will be
recognized unless such assignment has had the written approval of the Con-
tracting Authority, and the Surety has been given due notice of the assign-
ment in writing.
No assignment, transfer, or subletting, even though consented to,
shall relieve the Contractor of his liabilities under this Contract. Should
any Assignee fail to perform the work undertaken by him in a satisfactory
manner, the Contracting Authority may, at its option, annul and terminate
Assignee's contract.
17. OTHER CONTRACTS:
The Contracting Authority reserves the right to let other contracts
in connection with this work. The Contractor shall afford other Contractors
reasonable opportunity for the introduction and storage of their materials
and the execution of their work, and shall properly connect and coordinate
his work with theirs.
71
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
not be entitled to receive any further payment until the work is finished.
If the unpaid balance of the contract price shall exceed the expense of
finishing the work, including compensation for additional managerial and
administrative services, such excess shall be paid to the Contractor. If
such expenses shall exceed such unpaid balance, the Contractor shall pay
the difference to the Contracting Authority. The expense incurred by the
Contracting Authority as herein provided and the damage incurred through
the Contractor's default, shall be certified by the Engineer.
Pending settlement of
the Engineer may suspend action
Contractor shall not be entitle
reason of such delay, nor shall
although such extension of time
deems it in the interest of the
disputes on any point of controversy,
on all or any part of the work. The
3 to any claim for loss or damage by
he be entitled to extension of time,
may be granted by the Engineer if he
work.
21. TERMINATION FOR BREACH:
In the event that any of the provisions of this Contract
are violated by the Contractor or by any of his Subcontractors, the
Contracting Authority may serve written notice upon the Contractor and
the Surety of its intention to terminate such Contract, such notices to
contain the reasons for such intentions to terminate the Contract, and
unless within ten (10) days after the serving of such notice upon the
Contractor such violation shall cease and satisfactory arrangements for
correction by made, the Contract shall, upon the expiration of said ten
(10) days, cease and terminate. In the event of any such termination,
the Contracting Authority shall immediately serve notice thereof upon
the Surety and the Contractor, and the Surety shall have the right to
take over and perform the Contract, provided, however, that if the
Surety does not commence performance thereof within thirty (30) days
from the date of the mailing to such Surety of notice of termination,
the Contracting Authority may take over the work and prosecute the
samet.to':completion by contract for the account and at the expense. of
the Contractor, and the Contractor and his Surety shall be, liable to the
Contracting Authority for any excess cost occasioned the Contracting
Authority thereby, and in such event the Contracting Authority may
take possession of and utilize in completing the work, such materials,
appliances, and plant as may be on the site of the work and necessary
therefor.
22. PAYMENTS WITHHELD:
The Contracting Authority may withhold or, on accout of
subsequently discovered evidence, nullify the whole or part of any
certificate to such extent as may be necessary to protect the contract-
ing Authority from loss on account of:
(a) Defective work not remedied,
(b) Claims filed or reasonable evidence indicating
probable filing of claims,
(c) Failure of the Contractor to make payments properly
to Subcontractor or for material or labor,
(d) Damage to another Contractor,
(e) Incomplete work
When the above grounds are removed, payment shall be made for amounts
withheld because of them.
23. DELAYS AND EXTENSIONS OF TIME:
If, at any time, the Contractor considers he is being delayed
by an act or neglect of the Contracting Authority or its employees, or
by any other Contractor employed by the Contracting Authority, or by any
changes or additions ordered in the work, or for any reason beyond his control,
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 unit prices are required
in the Proposal shall be at and for the price bid. Work for which prices
are not required shall be paid for or deducted, as the case may be, upon
the basis of an estimate prepared by the Contractor and approved by the
Engineer, prior to the written order changing the quantity of work.
If the Contractor claims compensation for additional work not
ordered as aforesaid, or for claims of damages sustained, he shall make a
written statement of claims for compensation or damages to the Engineer,
which statement shall be in the hands of the Engineer within such time as
will allow a full consideration of the basis for such claim, and in no
case later than fifteen (15) days after the work has been completed or
damages sustained. The Contractor shall furnish, if required, any accounts,
bills, or vouchers relating thereto. Unless such claims are made as re-
ruired, they shall be considered forfeited and invalid.
The Contracting Authority reserves the right to contract with any
person or firm other than the Contractor for any or all extra work. The
Contractor's attention is especially called to the fact that he shall be
entitled to no claim for damages for anticipated profits on any portion of
the work to be omitted.
25. ARBITRATION:
(a) Demand for Arbitration. Any decision of the Engineer which
is subject to arbitration shall be submitted to arbitration upon the demand
of either party to the dispute.
The Contractor shall not cause a delay of the work because of the
pendency of arbitration proceedings, except with the written permission of
the Engineer, and then only until the arbitrators shall have any oppor-
tunity to determine whether or not the work shall continue until they decide
the matters in dispute.
The demand for arbitration shall be delivered in writing to the
Engineer and the adverse party, either personally or by registered mail to
the last known address of each, within ten (10) days of the receipt of the
Engineer's decision, and in no case after final payment has been accepted.
If the Engineer fails to make a decision within a reasonable time, a demand
for arbitration may be made as if his decision had been rendered against
the demanding party.
(b) Arbitrators. No one shall be nominated or act as an arbitra-
tor who is in any way financially interested in this Contract or in the
business affairs of the Contracting Authority, or the Contractor, or the
Engineer, or otherwise connected with any of them. Each Arbitrator shall
be a person in general familiar with the work or the problem involved in
the dispute submitted to arbitration.
Unless otherwise provided by controlling statutes, the parties may
agree upon one arbitrator; otherwise there shall be three, one named in
writing by each party to this Contract, to the other party, and the third
chosen by those two arbitrators.
If there be one arbitrator, his decision shall be binding; if
three, the decision of any two shall be binding in respect to both the
matter submitted to and the procedure followed during the arbitration.
Such decision shall be a condition precedent to any right of legal action.
(c) Arbitration Procedure. The arbitrators shall deliver a
written notice to each of the parties and to the Engineer, either personally
or by registered mail to the last known address of each, of the time and
place for the beginning of the hearing of the matters submitted to them.
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. -
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.
3O. 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 material throughout the
work embraced in this contract, and of securing completed structures
properlyandwell constructed with regard to all local conditions.
I-2 EXTENT OF WORK:
It is mutually agreed and understood that the contractor
will furnish all tools, labor, equipment, materials, and supplies - -
required to be furnished, and will construct complete all work
shown an the -Plans and in these Specifications.. -
The Work consists of:
Furnish all labor and materials required to be furnished
to construct the
I-3 LIST OF PLANS:
The Plans are bound separate from the specifications
and are generally titled
DESCRIPTION
Vicinity Map
Plans
Water Details
SHEET NUMBER
1
1
2
ii
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 -E STAKING OUT WORK:
The Engineer for each Schedule will furnish labor to
act as rodmen, chainmen, and to perform all other duties required
to assi:>t the Engineer in staking out the work for construction
and for; measurements to determine quantities of pipe installed.
The Contractor shall not be required to furnish any labor for
this purpose.
if
I -b QUALITY OF THE PLANS:
The plans have been made with care but cannot be assumed
to be correct in every detail when many of the conditions to be
encountered are not shown on existing maps and are underground.
I The approximate location of existing underground water,
gas, and telephone lines are shown. The placing of this information
on the_ilans in no way obligates the Owner as to its correctness,
as it is indicative only and is placed there for the information
and assistance of the Contractor. It is the expressed intent
of these Plans and Specifications that the Contractor is to make
his own, investigation of conditions to be encountered, including
rock and underground water, and the submission of the Proposal
by the ,Contractor for the work constitutes his compliance with
this requirement.
1-2
I " LL1rC1LLU JkrLL:1l.:i±U,J
PART II - CONSTRUCTION SPECIFICATIONS
I1-1 PLA\ IIING AND EvrCUTIJ:d Oc ^_:'_ OR:<:
4 -
The construction work included under these specifications
shall be so planned and executed that the various portions of the work will
be carried on concurrently and the whole completed within the time allowed.
Water main connections requiring shut -down of water service
to users shall be coordinated through the City Engineer.
II -2 EXCAVATION - GENERAL:
All excavation shall be carried accurately to the line and
grade shown on the Plans and established by the Engineer. When excavation
is carried below or beyond that required, the space shall be filled with
compacted SB-2. No claim for additional compensation shall be made for
-such backfilling of excess excavation unless the Contracting Authority or
.its agent is responsible for the error.
When necessary to protect the laborers, the work, or adjacent
property, the Contractor shall provide and install shoring. Such shoring
shall remain in place until the backfill has :receded to a 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 re.^ain in
place.
I1-3 EXCAVATION - T?-t:CH?S ?CR :1AT:R :_?I::S:
Treac:^.es for water lines s�all___ e c:ic:=:•: and fleet:: necessary
for the prc Der installation of t' -e pipe. Ail __e 11..cs snail be laid in
trenches of such depth as to crevice a F'i.'.'c0-.er ct thir' -SiX inches
over the t'n Cc nice Darrel unless OtnCr::i e ?..c... on the Plans. Ccntr=_ctcr
shall increase depth as necessary for cr uss:nU other pace line .^. s aq to provide
required cover for valves and valve cnxes. -r---- will be deedened to t::�
extent necessary so as not to exceed the '-'----n :c — ssible deflection of
the pipe being installed, wit: maxi:'. —L - rissibie deflection being as
reccmmended by the pipe manufar.
Width of pipe trench for all .Facer __Les shall be adecuate for
the installation of the pine and rake-ut joints, cut in no case shall the
width of tae trench at the top of t: mine Le o:ider than the outside din-eter
of the pipe plus two (2) feet.
The DOttem or tae t-re.^.c:: s -all =e acCur.aaelf graded so that the
pine will be in continuous and uniform contact •ith and have a longitudinal
bearing on undisturbed soil for the fu'il 10nUth of the ,Fine, except for such
distance as necessary for adequate bell holes and proper sealing of the
pipe joints.
If the soil at thc bottD:. of the trench is mucky or if tae
subgrade is too soft to properly support the pipe, the Contractor shall
excavate below the lower extremity of the pipe as directed by the Engineer,
and place a cushion of sand, gravel, or crushed stone thoroughly tamped into
place to receive the pipe.
II -4 EXCAVATION - ROCK IN TRENCHES:
Rock excavation shall be defined as solid rock in formation
which cannot be excavated efficiently by adequate power shovels or excavators
of recognized standard manufacture in good condition and adequate size, well
handled by skilled operators; and boulders or pieces of detached rock, which
may be embedded in materials not classed as rock, exceeding ten (10) cubic
feet in volume.
:...term "excavated efficiently" as used in this Specification
.shal],:mean that where formation rock can be excavated at a lower cost per
cubic, yard of useful- excavation by blasting, barring, or wedging, it shall be
so excavated and will be classified as rock.
Tue Contractor's attention is called to the fact that a shale
formation exists in Fayetteville that generally cah be due and, therefore
this material will not be classified as rock except where it cannot be efficient
excavated as defined above.
The volume of rock excavation shall be dete ^tined by the
horizontal measurement of length of trench in which rack occurs, the vert_cal
measurement of depth of rock and a width of "0". "D" shall be the nominal
diameter of the pipe plus 15 inches, but not less than 24 inches.
II -J E:{CA4.iT T_C?] - CLASSIFICATION, .'!EA U ::T :::D ?A'. ;:::;T:
All excavation not classed as rock shall be classed as cor.7.On
excavation.
The Volt e of rock e::ca=•atisn shall be deterined per Section
11-4 of these Specifcations. Rock exca'iat'-oa `i shall be paid for at the unit
contract price given in the prc_osal.
The cost of all ccc-cn a:tcavatipn in trenches for water mains
shall be incic_ed in the pear.=:L _..? t _rice -or pipe and shall not be said
for separately. All roc:: excS:at_cn in trenches for water mains shall be
measured and paid for asexca:at_oa.
II -o BLAS'_..=:
Blasting will be cet. ricted
for the protection of terscns the .:or
done to the work or property by blastl
at the Contractor's expense.
only when proper precautions are taken
and adjacent pro_pert,; and any damage
ng shall be repaired by the Contractor
All aceraticn i.''oLvicr the nroCuroment, hancllna, use, and
storage of exnlosLves shall be in full comoiiance with applicable State and
Federal statutes and reculations.
Blasting will be done only after securing written permission
from the City Engineer's office.
The Contractor shall be liable for all injuries or deaths
to person(s) or damage to property caused by blasts or explosions.
The attention of the Contractor is called to Section
9 of the General Conditions of the Specifications entitled
"Insurance."
The•cost of all work under this Section shall be included
in the Contract unit price for rock excavation and will not be
paid for separately.
II -7 BACKFILLING:
All trenches shall be backfilled immediately after the
pipe is laid using methods that will not disturb the pipe. Material
used for backfilling. shall.fl 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 pipe work has been approved, trenches shall
be backfilled with fine, loose earth free of clods or stones larger
than three (3) inches in any dimension, and of proper moisture
content. This select material shall be carefully deposited by
hand in layers not to exceed four (4) inches in thickness on both
sides of the pipe 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
the 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.
Backfill for plastic pipe shall be as described above
except that SB-2 shall be used as the backfill material up to
6 inches above the top of the pipe. Plastic pipe shall be laid
on at least three (3) inches of SB-2.
Trenches outside the public right-of-way will be neatly
graded up and left slightly "over -full" so that subsequent
settlement will leave the route level with the surrounding terrain.
Trench on public property shall be filled and refilled as necessary
to provide a smooth, well -graded appearance.
• All backfill shall be settled and consolidated until
further settlement will not occur. It is the intent of this
Specification that the Contractor shall be responsible for
settlement of backfill in all work covered herein. He shall refill
trenches as often as necessary to bring them back to original
grade, and during that period settlement is occurring shall refill
them often enough to avoid hazardous conditions or inconvenience.
All excavated material which is unsuitable, or not needed
for backfill shall be wasted or disposed of to the satisfaction
of the Engineer. Surfaces shall be cleaned up, all hummocks and
piles smoothed down and the surface left neat and workmanlike.
II -3
Where existing drainage ditches are disturbed or obstructed with
excavated material, such material shall be entirely removed and
the ditch left true to original line and grade. Street shoulders
shall be restored to their original contours.
• All roadways and driveways shall be backfilled with
SB-2 up to the road surface. The roadway and driveway surface
shall then be replaced as called for elsewhere in these
Specifications.
The attention of the Contractor is called to a separate
Section in these Specifications concerning crossing lawns.
SB-2 shall be measured and paid for a subgrade material
at the unit contract price given in the Proposal.
The cost of- all other work described in this section
shall be included. :in the-.uni.t contract price for the installation
of pipe and shall not be paid for separately.
Water:.for::flooding trenches shall be furnished free
of charge by the City of Fayetteville.
II -8 HANDLING AND LAYING C.I., D.I., AND PLASTIC PIPE:
In the transportation, unloading, and handling of pipe,
the pipe shall not be dropped, let roll and collide with another
pipe, or be subjected to any unnecessary jar, impact, or other
treatment that might crack or otherwise damage the pipe.
Before laying pipe in trench, the bottom of the trench
shall be carefully graded and prepared and bell holes excavated
so the pipe shall have uniform support along its entire length,
except at bell holes, and shall not be allowed to rest on hard
supports through a portion of its length only. All pipes shall
have at least 36 inches of cover, unless otherwise shown on the
Plans.
Deflections from a straight line or grade, as required
by vertical curves, horizontal curves, or offsets, shall not exceed
6/D inches per linear foot of pipe, where D represents the nominal
diameter of the pipe expressed in inches, between the centerline
extended between any two connecting pipes. If the alignment
requires deflections in excess of these limitations, special bends,
or a sufficient number of shorter lengths of pipe shall be furnished
to provide angular deflections within the limit set forth above,
as approved by the Engineer.
The inside of the pipe and all parts involved in jointing
shall be cleaned of all dirt, mud, grease, and other foreign material
before the pipe is laid or the joint started. Ends of pipe shall
be temporarily plugged at the close of each day's work.
In laying
mechanical joint
or "push -on"
joint pipe,
the manufacturer's
recommendations for
securing good
joints shall
be rigidly followed.
The laying of pipe
shall be done
in accordance
II -4
with applicable AWWA Specifications for the type of pipe being
used.
Adequate backing blocks of Class "B" concrete shall
be provided at all points of unbalanced pressure, such as bends,
tees, or wyes as shown on the Plans in such a manner that all
points between pipe and fittings are accessible for repair.
Pipe shall be measured and paid for as pipe for water
mains at the appropriate unit contract price given in the Proposal.
Class "B" concrete shall
be
measured as
the
actual
amount
placed and paid for at the unit
contract
price
as
given
in the
proposal.
The cost of
all other
work
required under
this
section
shall be considered
subsidiary
to
the laying
of
pipe
or the
placement of concrete
and shall
be
included in
the
appropriate
unit price.
II -9 CROSSING AND PARALLELING EXISTING UTILITY LINES:
The construction of sewer lines will necessitate the
crossing and paralleling of existing utility lines, including
water mains and services and natural gas mains and services. The
known locations of such utility mains are shown in their approximate
position on the Plans, but utility service lines are not indicated
on the Plans.
The owners of the utility lines shall be notified before
any crossing is made or other work initiated that may disturb
a utility line or interrupt service to a customer. The Contractor
is referred to that section of the General Conditions of these
Specifications where the Contractor's responsibilities for utility
crossings is stated.
The cost of all work under this section will be included
in appropriate contract unit prices, and none will be paid for
separately.
II -10 CROSSING BURIED TELEPHONE CABLE:
The location of buried telephone cable is shown
approximately on the Plans as determined from telephone company
markers indicating the location of the cable.
The Contractor will exercise extreme caution in
approaching the location of buried cable. Contractor shall notify
Southwestern Bell Telephone Company through the Arkansas One -Call
System (phone 1-800-482-8998). The Contractor will not attempt
to locate or uncover cable without a representative of the telephone
company present.
The cost of all work under this Section will be included
in appropriate contract unit prices, and none will be paid for
separately.
II -S
II -11 CUTTING AND REPLACING SPECIAL SURFACES:
Whenever it becomes necessary in excavating for trench
to disturb special surfaces, such as paved or gravel streets,
drives, walks, or parking areas, the original surface shall be
restored after completion of the backfill to eliminate future
settlement. The surface shall be restored using the same type
of surfacing materials that were used in the original surfacing.
Backfill of trench lying within roadways shall be in
strict accordance with the applicable provisions as stated in
Section II -7 of these Specifications. The condition of the
backfill, with special regard to the degree of compaction, shall
be checked and approved by the Engineer before any surfacing is
placed over the backfill.
The replacement of special surfacing shall follow as
soon as practical after the completion of the backfilling operation
so as •to restore the roadway to its original condition and traffic
capacity. If in the opinion of the Engineer the replacement of
surfacing is lagging, he may, at his discretion, stop the pipe
laying operation until the replacement of surfacing proceeds in
a satisfactory- manner:-- - - -- - — -
Immediately prior to replacing asphalt or concrete
pavement or surfacing, a chalk line shall be made along both sides
of the trench at the proper width, and the pavement trimmed, along
a straight and vertical line. No claims will be allowed for
additional width of pavement cut and replaced occasioned by this
requirement. The quantity of asphalt and concrete pavement cut
and replaced will be determined by the horizontal length of pavement
actually cut and replaced measured along the centerline of the
trench multiplied by a width of thirty-six (36) inches, except
that where a width greater than thirty-six (36) inches is required
and authorized by the Engineer, the actual width of pavement cut
and replaced shall be used in determining the quantity of pavement
cut and replaced.
In gravel surfaced streets or parking- areas, the gravel
will be disturbed in excavating for sewer trench. After the
backfill has been so placed that no further appreciable settlement
will occur, gravel surfacing shall be replaced to the same compacted
thickness as the original surfacing. During construction
operations, the gravel on the remainder of the street not occupied
by the trench may be disturbed and covered with dirt from the
excavation. After completion of the backfill, such dirt shall
be removed as completely as possible and additional gravel placed
on the street as directed by the Engineer until the street is
satisfactorily restored to its orignal condition.
Gravel surfacing cut and replaced will be measured and
paid for as the cubic yard of SB-2 actually used in replacing
such surfacing.
Special surfacing cut and replaced wil be paid for at
the appropriate contract unit price as given in the Proposal.
Contract unit prices shall be inclusive of materials, placement,
TT-/,
and all work incidental thereto.
II -12 CROSSING LAWNS:
The following shall apply to all lines crossing lawns,
as signed on the plans. After settlement has occurred, the
disturbed areas shall be dressed out with three (3) to four (4)
inches of top soil. The dressed out areas shall then be seeded
with the appropriate grass or grass mixture.
• If lawns, bushes •and small tress 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 lawns
can be restored as
closely as possible to
their original
condition.
The_ cost_ ofallwork
under this section
shall be included in the
appropriate unit
price, for pipe and
shall not be
paid for
separately.
II -13 TESTING AND STERILIZING WATER MAINS:
Water mains shall be subject to 200 psi test as herein
specified. All lines shall be backfilled and concrete backing
installed at points of unbalanced pressure prior to the initiation
of any pressure test.
Each valved section of the pipe lines as selected by
the Engineer for test shall be slowly filled with water. Before
applying the test pressure of 200 psi, all air shall be expelled
from the pipe by blowing -off at fire hydrants. If necessary to
properly expel air prior to test, Contractor will tap lines at
high points with corporation stops.
Each section of pipe line to be tested shall be subjected
to 200 psi test pressure, based on the elevation of the lower
point in the line or section of line under test and corrected
to the elevation of the test gauge. Duration of the 200 psi test
shall be for at least two (2) hours in all cases.
Pressure shall be applied to the line by means of a
pump, pipe connections, and all other necessary apparatus for
applying pressure and measuring the resultant leakage from the
line under test. All such apparatus shall be furnished by the
Contractor. All necessary taps will be made by City forces at
the expense of the Contractor. Pressure will be measured with
gauges as furnished by the Engineer.
While the pipe being tested is under pressure, it shall
be walked to check for leakage appearing at the surface of the
ground or from any exposed valves or other appurtenances.
In conjunction with the 200 psi pressure test, a leakage
test shall be performed. Contractor shall provide necessary meter
or pumping reservoir or other satisfactory means of determining
the amount of water pumped into the line to sustain the specified
test pressure of 200 psi. Leakage shall be defined as the quantity
T T .I
of water that must be supplied into the newly laid pipe, or any
valved section thereof, to maintain the specified leakage test
r pressure of 200 psi after the air in the pipe has been expelled
and the line filled with water.
Leakage shall be no more than than allowed by AWWA
specifications.
All pipe lines shall be checked for leaks and
deficiencies, repaired, and retested if necessary until they pass
the above specified leakage test. for the size and type of pipe
installed.
Even though pipe lines may pass the leakage test, any
leaks apparent at the ground's surface, any leaking joints,
fittings, or appurtenances that are detected shall be repaired.
All new waterline extensions will be sterilized with
chlorine before being accepted by the Owner and placed into service.
Sodium or calcium hypochlorite (HTH) or chlorine gas may be used
in such amounts as to provide a dosage of not less than 50 parts
per million in -the p`ipiiig being sterilized. The sterilizing agent
may be introduced in any manner as to provide uniform distribution
along the pipe line. All in -line valves in water lines being
sterilized shall be opened and closed several times during the
sterilizing period. Contractor will use extreme caution to be
certain that strong sterilizing agent is not flushed back into
any part of the water distribution in such a manner that it reaches
water consumers. Following a contact period of at least 24 hours
the heavily chlorinated sterilizing water shall be completely
flushed from all pipes, and the pipes rinsed and throughly flushed
with large quantities of clear water. Samples shall be taken
from all water line extensions as directed by the Engineer and
analyzed for bacterial purity by the State Department of Health.
The sterilizing process shall be repeated as necessary until all
samples indicate that the water is safe and approved by the State
Department of Health. Resterilization of the water lines at the
Contractor's expense shall be required if State Department of
Health approval has not been received after three weeks of testing.
Water for all sterilizing and testing operations will
be furnished by the Contractor by the Owner at no cost to the
Contractor.
The cost of all sterilizing and testing operations
including pipe taps, sterilant, any temporary valves or caps,
test pumping and equipment, and all work incidental thereto will
be included in the unit contract prices for pipe, and no separate
payment will be made for testing and sterilizing water line
extensions.
II -14 CROSSING FENCES:
The installation of lines will necessitate crossing
several fences as shown on the Plans.
II -8
Fences will be repaired by the Contractor so as to be
equal or better than their original condition prior to construction.
Before cutting fences, adequate horizontal bracing will be installed
in the fence on each side of the cut so as to maintain the tension
in the fence wire. Replacement of fence shall be in a workmanlike
manner, and wire shall be stretched tight and adequately secured
to posts by means of one (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 orginally installed.
The Contractor shall be responsible for temporary fencing,
gates, gaps, etc., necessary to maintain fences in a stockproof
condition during construction of the pipe line until permanent
fence repairs -can be accomplished. The Contractor shall take
all necessary precautions and will assume full responsibility
to insure that livestock does not stray or- gain entry to cropped
areas or to public roads.
The cost of fence repairs in all Schedules will be
included in the unit contract prices for pipe, and no separate
payment will be made for crossing and repairing fences.
II -15 INSTALLATION OF FIRE HYDRANTS:
---Fire- hydrants --shall be properly located with respect
to property line and streets, and shall -be--set at. proper elevation,
truly -plumbed and properly oriented. Hydrants shall be set up
on a slab of stone or concrete four (4) inches thick and not less
than fifteen (15) inches square. Hydrants shall be backed with
Class "B" concrete to prevent the hydrant from blowing off the
lead. Hydrants shall be set with at least three (3) cubic feet
of crushed stone or washed gravel at the base to serve as drainage.
Fire hydrant extensions shall be used as necessary to
bring fire hydrants up to date.
Fire hydrants will be
measured as
the unit installed,
at the appropriate unit price as
given in the
Proposal. The price
given in the Proposal
for fire hydrants shall
include the 6" lead
from the main line and
the 6 inch
gate valve.
The cost of
all other
work under
this Section will be
included in the unit
price for
installation
of fire hydrants and
shall not be paid for
separately.
II -16 CONNECTION TO EXISTING WATER LINE:
Connection to the existing water line shall be made
at the location and in the manner shown on the Plans. When water
service must be discontinued to make a tie-in, the Contractor
shall notify all affected customers 24 hours in advance and estimate
the time required to restore service.
The cost of all work associated with tying -in shall
be included in the unit price for the installlation of pipe and
S
shall not be paid for separately, except where specifically set
out in the Proposal.
II -17 INSTALLATION OF VALVES:
All valves will be set with operating stems set in true
vertical positions. Valve boxes shall be adjusted so that the
cover conforms to the adjacent grade.
All cost incidental to the installation of valves shall
be included in the contract unit price for valves.
II -18 CONCRETE:
All concrete shall be composed of the materials described
in Paragraphs 4, 5, and 6; Part III, and shall be proportioned
by weight in such a' manner as to obtain a plastic workable mix.
All concrete shall be -Class "B"•as shown on the Plans.
Class "B"
concrete
shall contain not more than
seven
(7)
gallons of water
to the
sack of cement, including the
water
in
the aggregates,
and not
less than five (5) sacks of
cement
per
cubic yard of
concrete,
and have a twenty-eight (28) day
compressive strength
of at least
twenty-five hundred (2500)
pounds
per
square. inch.
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. Hand -mixed 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 the too
rapid
curing
or from freezing
while green.
The cost of all work in the section shall be included
in the unit contract price for Class "B" concrete and shall not
be paid for separately.
II -19 CLEANING UP:
After the construction work is completed, 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, workmanlike.
It shall be specifically understood that the clean up
operation shall be maintained as closely as possible to the pipe
laying operation. If, in the opinion of the Engineer, the clean
up operation is not being maintained satisfactorily, he may
interrupt the pipe laying operation until such clean up is completed
to his satisfaction.
V'
The cost of all work, under the section shall be included
in the lump sum contract price and will not be paid for separately.
II -20 CLEARING:
Clearing operation will be required in the execution
of various portions of the work.
Clearing shall be no more than actually required for
installation of the line. No indiscriminate destruction of trees
will be tolerated. Within lawn areas, bushes, and small trees
will be taken up and protected until construction is completed
in the area.. They shall then be re -set.
No open burning will be allowed. All trees and brush
will be hauled off to a disposal site approved by the Engineer.
The cost of all work under this section shall be included
in the, appropriate unit cost for pipe and shall not be paid for
separately.
The Contractor, by personal inspection, should satisfy
himself on the exact amount of clearing that may be required.
TT_11
• DETAILED SPECIFICATIONS
PART III - MATERIAL SPECIFICATIONS
III -1 GENERAL:
All materials shall be in compliance with the latest
revisions of the ASA or AWWA Specifications noted.
The
Engineer retains
the
right to
reject any materials
or items not
specifically covered
in
the Plans
or Specifications.
III -2 DUCTILE IRON PIPE AND PLASTIC PIPE FOR WATER MAINS:
Ductile Iron Pipe shall conform to the applicable
dimensions and weights shown in ANSI A21.51/AWWA C151-76. Minimum
standards given below shall apply:
NOMINAL PIPE
T?i I -C.'.. ASS
t'iu.L
N
Z2?, ICi5S
CLASS
--.-C:_: SS (`^..)
4
Fj
0.26
6
51
0.25
S
51
0.27
12
-1
0.31
The acceptance `:allies for test specimens shall be as follows:
Minimum tensile strength 60,000 psi
:Minimum yield strength 42,000 psi
Minimum elongation strength 10.
Ductile iron pipe shall have single rubber -gasket push -on type
joints as described in ANSI A21.11/eAWWA C111.72. The pipe shall be bituminous
coated outside with standard cement lining inside in accordance with AW A
C-104-74/ASA A21.4.
Plastic nine four (4) inches through six (6) inches in
size shall conform to APAVA Specifications C-900-81 or its latest
revision. Pipe shall be designed for 200 psi working pressure
and shall have a cast-iron equivalent outside diameter. Pipe shall
have rubber gasket push -on type joints.
III -3 RETAINER GLANDS:
Retainer glands shall be ductile iron.
III -4 CONCRETE AGGREGATES:
Fine aggregate shall consist of sand or other approved
inert material with similar characteristics, have hard, strong,
durable particles 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 have a fineness modulus of 2.40±0.10. Fine
aggregate shall have a fineness modulus of not less than 2.40 and
=_- not more than 3.00 and the variation in modulus shall be limited
to 10.20 from the average of all tests.
Gradation shall fall within the following recuirements:
TOTAL PASSING
PE SCE:TT BY ,,7EIGHT
No.
4 Sieve
95 -
100
No.
16 Sieve
- 35 -
75
No.
50 Sieve
10 -
25
No.
100 Sieve
2 -
8
Coarse aggregate shall consist of crushed stone, gravel,
or other inert material of similar characteristics, having clean, hard,
strong, durable, uncoated particles with not more than five (5) percent by
weight of soft fragments, one-fourth(§) percent by weight of clay lumps,
and 'one (1) percent by weight of material removed by decantation, exce?t
that when the material removed by .decantation consists essentially of crusher
dirt the maxi.,ium=amount-ee-r.nitted-=mav-be-increased to one and one-half (1)
percent by weight. Coarse aggregate may be either. of two sizes, 1: inch
and smaller or 3/4 inch and smaller, and shall be graded within the follcwinc
recuirements:-
Maximum size mesh screen (so. mesh) 97 - 100
Halt -maximum size mesh screen (se. mesa) �0 - 70
No. 4 Sieve 0 - 5
III -5 C=:=NT:
Portland cement shall
c0.^.f Jr'
tG C'2
G= one
_0'_i.___r.-
Standard
S_ecificatiens for Portland
Ca.^..eat,
:.S_:.
a__en C
_73, T_ce
1.
_as_c
Masonry cement shall
ccc'o_:.,
to th=_
recn'_rements
o the
Standard
Specifications
for Mason. -1 Ca.. ..,
:,S_:: yes:=
�-_.,..
C ?'_.
III -6 WATER:
..
r r
t4aVe._ iCi
II -
.. Xi
r...r..e-�
g.,u_- -
:l ..>
CJl:aa_
g ice_?_r.
fr a Lr�
and a_ .. ..m injurious
amounts of
oils, acids,
alkalies,
salt,
o --a-'-
mnatter,
or other deleterious
substances.
Test scec'_m.ens
of
-Omar made
fromti:e
aaterials
and the water
to be used
shall develop
not 1
-cg than
air.=_tp-f•:__
(95)
cerceat of the seven
(7) dal tensile or compressive
=trengt:.
Of t:,e same
m,at
erzal a lS� a - ng ,+lil2d
water.
-
III -7 GATE VALVES:
All gate valves shall be designed for an operating pressure
of 200 psi and shall be tested at 400 psi. Valves shall open left
and shall have mechanical joint end connections. Valves shall
have 0 -ring seals and non -rising stems.
Valves shall be either 1) resilient seat gate valve
conforming to AWWA Specifications C 509-80, similar or equal to
the Mueller Resilient Seat Gate Valve, or 2) a bronze mounted double
disc wedging gate valve conforming to AWWA Specification C 500,
similar or equal to the Mueller A-2380-20 valve.
Resilient seat gate valves considered to be equal to
Mueller are the Waterous Sewer 500 and the M and H C509, style
3067.
III -8 VALVE BOXES:
All buried gate valves shall be furnished with suitable
cast iron valves boxes. Boxes shall be two-piece, Buffalo type
with 5'," shaft. Box shall be screw or telescoping type, complete
with lid, and of adequate length for the installation. Boxes shall
be similar or equal to Mueller H-10360.
III -9 FIRE HYDRANTS:
All fire hydrants shall be Improved AWWA type fire hydrants
with a 5'," valve opening. Nozzle threads shall be National Standard.
Hydrants shall open "left" by means of a 1'," pentagonal operating
nut. Hydrant shall be finished with red lead primer only.
Hydrants shall be furnished with six (6) inch mechanical
joint inlets for cast iron pipe. Bury shall be 42 inches. Hydrants
shall be Mueller Improved Hydrant No. A-24015 or the Mueller
Centurion Hydrant.
After installation first hydrant barrels shall be painted
with paint containing reflectorized glass beads (3M Company #7216
paint, or approved equal.)
III -10 GRAVEL FOR SUBGRADE AND GRAVEL STREET REPAIR:
Gravel for subgrade shall be SB-2 as standard defined
by the Specifications for Highway Construction, 1978 Edition.
III -11 TAPPING VALVES:
Tapping valves shall be similar in construction to standard
AWIVA gate valves and shall have MJ outlets for cast iron pipe.
III -12 TAPPING SLEEVES:
Tapping sleeves shall be MJ for cast iron pipe, similar
or equal to Mueller H-615. Tapping sleeves shall, with the use
of suitable gaskets, be good for AWWA Class "C" or "D" pipe, and
with Class "B" pipe in the four (4) and six (6) inch size.
III -13 FITTINGS:
Fittings shall be either Gray Iron (250 psi) or Ductile
Iron (350 psi) designed in accordance with ANSI/AWWA C110-77.
All fittings shall be mechanical joint conforming in
all respects to ANSI A21.11/AWIVA C111. Fittings shall be bituminous
sea
it
coated outside with standard cement lining inside in accordance
with ASA A21.4/AWWA C104-71.
7.
' Ductile iron retainer glands shall be used on fire hydrant
branch lines and vertical bends.
III -14 ENCASEMENT PIPE:
All encasement pipe shall be steel pipe, the size of
the encasement pipe shall be as indicated on the Plans. The steel
pipe shall have a wall thickness of a".
III -15 BALL VALVES:
Ball valves shall be similar or equal to the James Jones
J-1900.
:,; UNITED STATES
I
I
BID BOND
BOND NUMBER
COMPANY
KNOW ALL MEN
BY THESE PRESENTS:
THAT..............................Jerry
tS4',.....AG............................................................................................................................
..D......SV?
...... of
Yans.
.................4...........................
.......4444.........: .......Fayetteville.r....
..........................................
as Principal , and UNITED STATES FIDELITY AND
...................................................._................................................................................:........................
GUARANTY COMPANY,
a Maryland corporation, as Surety, are held and firmly bound unto...._City.......
0f., FayetteVille�
4444.
• Arkansas
............................................................................................................................................................................................................
asObligee, in the full
and just sum af.......,k:.V.Eg...L:J05~1.'C,......n.....5]....d
...................................................................4.............4.44........
..........................................................................................................................................................................................4...........4..4..........4....6........
Dollars,
lawful money of the
United States, for the payment of which sum, well
and truly to
be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal is herewith submitting its proposal for furnishing all labor and materials
for Letitia Street Water Line, Greenland; Arkansas.
THE CONDITION OF THIS OBLIGATION is such
that
if the aforesaid Principal shall be awarded the contract the said Principal will, within the
time required, enter into a formal
contract and
give
a good and sufficient bond to secure the performance of the terms
and conditions of
- " "'—
the contract, then this obligation
to be void; otherwise
the Principal and Surety will pay unto the Obligee the difference
in money between
the amount of the bid of the said
Principal and
the
amount for which the Obligee legally contracts with another party to
perform the work
if the latter amount be in excess
of the former,
but
in no event shall liability hereunder exceed the penal sum hereof.
Signed, sealed and delivered...........
..........
(\�X' (Date)
...J..- ...!..`SJ'.�+ . ........... ...V.-'`.:` ..... ".............
Secretary
///Pres len£ �ti11ly,
UNITED STATES FIDELITY AND GUARANTY COMPANY'�'
='irk
....... 444 4 .................................. Attome_:.,....:cf-
........+'
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