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HomeMy WebLinkAbout121-89 RESOLUTIONRESOLUTION NO. 121-89 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH FAYETTE TREE & TRENCH, INC. AS THE LOWEST BIDDER ON THE DAVIDSON STREET SEWER REHABILITATION PROJECT AND APPROVAL OF'A-BUDGET ADJUSTMENT RE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILIE, ARKANSAS: Section 1. Tha_ the Mayor and City Clerk are hereby authorized and directed to execute a contract with Fayette Tree fi Trench, Inc. for the Davidson Street Sewer Rehabilitation Project in the amount of $243,378.91. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Board of Directors hereby approves the budget adjustment of $23,400 from the Unreserved Fund Balance to increase the Water/Sewer Revenue Bond Construction Fund. A copy of the budget adjustment authorized for execution hereby is attached hereto marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this 19th day of .-.December 1989. r APPROVED- By: PPROVED:By: C1� f/ %� ll�rn� Mayor By. "c'i'ty G2t7k ell 1•• R y{,o4 IY a. .-ry.a'.. 't.• .+ . "t l {. JS. �.i?�.r #+� r y yL ! }<az�i > let 10. !" !'•� 1 U • . l 3! f ley" j' 5 �r '.y l�, h'+ It s'.i• x t - H r ZImp i -I F'tr I t Y I • . N F F U i Iga at I OA roal Coal r tool Ing Jf rr O P s ✓��wi .a W zI +s t O 7 O JI coW kl y' 0 I I I ,a}� W W O -i� CQ 1H•I �'' SLn H rd r-•1 w o O w O P4 W ni a4 £ .F •J.T Z rl-I`.:' " p., [[ 1 -OP no.MMS ,� .,,,x�f••, z N.. H O� V' 4. H Ol F' O O W 6 . t . ?s - r.. r' 1% a a I Z '4 *tib Z N z O P. ♦y V�• r U .. '! allr O �.. O r -I O M a O UI O 1 O � O'; t,x - r ,'i O 4� a. U \ V to O `N l-..0 U OI Nt. �I d Pal Joel i. •"[. ol .... 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File 'in J � I �. 01. l.Iv SPECIFICATIONS AND BID DOCUMENTS pill FOR THE CITY OF 4 It' :y: 1 , FAYETTEVILLE, ARKANSAS lip did Ets1E ia. r I d - '•I ,I ', } IF did DAVIDSON STREET '' 4 9�1 I , ' SEWER nEHABILITATION '99 fi;In " •' er. i r n ! iFinds dilIF r, I I lid i I I IF•.I t F{L i . 1 i cd 1 9 In 1� �r ♦ - 9 • ` ' IF . ` - _ t n ,. , •', .. .. IF �g'd D.6+ s IF lip ��pp pp gg ��i1w�v. tjidid I :I y.' 1 ;( �` 11liKtdltl3� f"NII. I. ,.n I'u s ' 'lr w iu4 � ' w .i 1 I j ECiSTB !r t , 1y lip it 0 _ . a nr C ) nd ! `I - �f1lip rlFi r die til \_ 0.7048 flip C. r lId J. Ind r dl 9 1., IF Prepared By + I M,•: L' C E .I ENGINEERING ASSOCIATES, INCFO , Consulting Engineers"P IF - ` bill did Bentonville Arkansas LI _L I . . . ON Ft, * f xYrlal .fk IF IF :3 ti., a, Iv gg 9 � TABLE OF CONTENTS ADVERTISEMENT FOR BIDS A-1. INSTRUCTIONS TO BIDDERS B-1 B-9 BID BOND D-1 D-2 BID E-1 - E -5 - AGREEMENT 'F-1 F-3 PAYMENT BOND I. G-1 - G-3 F .,,.PERFORMANCE BOND H-1 - H-3 -. NOTICE OF AWARD ;_NOTICE TO PROCEED J-1 CHANGE ORDER K-1 GENERAL CONDITIONS L-1 - L-20 SPECIAL INSTRUCTIONS " SI -1, SI -2 ,,.SPECIAL CONDITIONS ''SC -1, SC -5 TECHNICAL SPECIFICATIONS: ;.;,. MANHOLE AND VALVE BOX REGRADING "" 11-1 - 11-2 EXCAVATION, TRENCHING, AND - BACKFILLING FOR UTILITIES 12-1 - 12-6 OBSTRUCTIONS "'13-1 - 13-2 TREE REMOVAL 16-1 TESTING 18-1 - 18-2 �. EXCAVATION, EMBANKMENTS, BACKFILLING, ` n MANHOLE AND INLET CONSTRUCTION AND MISCELLANEOUS SEWER AND WATER LINES " "r 21-1 - 21-9 , zA3 i; PIPE, FITTINGS, VALVES, FIRE HYDRANTS AND I OTHER MATERIALS AND EQUIPMENT AND THE ( INSTALLATION THEREOF . L- — MANHOLE AND INLETS 25-1 - 25-2 SPECIFICATIONS FOR PVC GRAVITY SEWER PIPE 26-1 - 26-8 METHOD OF MEASUREMENT AND BASIS OF PAYMENT HP -1 , ADVERTISEMENT FOR BIDS City Administration Building 113 West Mountain Fayetteville, Arkansas 14 f Separate and sealed BIDS for the repair or replacement of existing sanitary sewer mains along six (6) different locations, all within the city limits, and owned and maintained by the City of Fayetteville, Arkansas, will be received at the offices of the City Engineer, City Administration Building, 113 West Mountain, Fayetteville, Arkansas, until 2:00 p.m., November 8, 1989, and then at said offices all BIDS will be .publicly opened and read aloud. The BID envelope must be clearly marked "Bid for Fayetteville Sanitary Sewer Rehabilitation Project". The Bidders BID BOND must be enclosed in a separate envelope, but attached to the BID envelope. The Rehabilitation Project will include the furnishing of 'all necessary materials, supplies, tools, labor, supervision, and other services required or necessary for the complete construction of the following: 1.a Approximately 6827 linear feet of SDR 35 PVC and approximately 160 linear feet of CL. 50 DIP sanitary sewer main pipe; 26 sanitary sewer manholes; reconnection of existing service laterals; together with all work necessary for a complete repair or replacement. .The CONTRACT DOCUMENTS consisting of Advertisement for Bids, Instructions to Bidders, Bid Bond, Bid, Agreement, Payment Bond, Performance Bond, General Conditions, Special Instructions, Special Conditions, Detailed Specifications, Drawings, Attachments and Addenda, may be examined in the office of the City Engineer, City Administration Building, Fayetteville, Arkansas, 72701, and the office of CEI Engineering Associates, Inc., 110 West Central, Bentonville, Arkansas, 72712. ... Copies of the contract documents may be obtained from the offices of CEI Engineering, Inc., upon payment of $50.00, non-refundable. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965. The City of Fayetteville reserves the right to reject any or all bids and to waive any formalities in the bids. The City also reserves the right to withhold the awarding of the contracts for a period of not to exceed thirty days after opening of bids except with the consent of the bidder. Dated the 20th day of October, 1989. A-1 /s/ Purchasing Officer City of Fayetteville Fayetteville, Arkansas F J INSTRUCTION TO BIDDERS 1. EXAMINATION OF SITE AND DOCUMENTS. Bidders are advised that the plans, profiles, specifications and estimates of the Engineer, on file in the c office of CEI Engineering Associates, Inc., shall constitute all of the information which the Owner shall furnish. No other information given, or ,.,sounding made by the Owner .or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, plans, profiles, specifications and estimates, or be binding on the.Owner. Prior to submitting any bid, bidders are .required to read carefully the ..specifications, contract and bonds, to examine carefully all plans, ,profiles, and estimates, to visit the site of the work to examine carefully local conditions, to inform themselves.by their independent research and wounding of the difficulties to be encountered, and •all .attending circumstances affecting the cost of doing the work,.and the time specified for its completion; and to obtain all information required to make an intelligent bid. Bidders shall rely exclusively upon their surveys, estimates, •;,investigations, surroundings and other,things which are necessary for full ...,and complete information .upon which the bid may be made and for which a `contract is to be awarded. The Proposal, providing for unit and lump sum, prices, bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and. conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, ,,excavation, and materials required and with full knowledge of the plans, .._profiles, specifications and estimates and all provisions of the contract and bonds. The submissions of a bid shall constitute the acceptance of these provisions. 2. APPROXIMATE ESTIMATE OF QUANTITIES. The Engineer's estimate of quantities, approved by the Owner and on file in the offices of. CEI ,.Engineering Associates, Inc., is approximate only, -and shall. be the basis for receiving unit price bids for each item, but shall not be considered by the bidders as the actual quantities that may be required. for ,.the completion of the proposed work. Such quantities, however, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of bids and aid in determining the lowest and best bidder for the purpose of awarding thecontract, and will be used as basis -for. .fixing the amount of the required bonds_, . 3. BIDS 'AND BIDDING FORMS. Bids must be made out in ink on bidding fo/rms _ t included as part of these specifications. Bids shall be sealed and j addressed City of Fayetteville, Arkansas, and the title of the project, the L name of the contractor submitting the bid and the time and date for receipt of bids written on the envelope. B-1 I e. I Bids are due at the office of the City Engineer, Administration Building, 113 West Mountain, Fayetteville, Arkansas, 72701, no later than 2:00 p.m., on the eighth day of November, 1989. No bidder shall divulge the information in the sealed bid to any person whomsoever, except those having a partnership or other financial interest with him in the bid, until after the sealed, bids have been opened. Bids which are incomplete, unbalanced, conditional, or obscure, or which contain' additions not called for,, erasures, alterations or irregularities of any kind, or which do not comply with the Instruction to Bidders may be rejected as informal at the option of the Owner. . However, the Owner reserves the right to waive technicalities as to changes, alterations or revisions and to make the award in the best interest of the Owner. 4. UNIT PRICES AND FILLING IN BIDDING FORMS. Bidders must state a unit price for each item or work named in the Engineer's estimate of quantities of work to be done. Unit prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment and apparatus of every description, to construct, erect, and finish completely all of the work as called for in the specifications or shown in the plans. Unit prices bid and totals shown in the Proposal shall not include any of the costs of engineering, advertising, appraising, or printing. The .price bid for each item must be stated in figures and in words in the appropriate blank spaces provided on the bidding forms. The figures must be .clear and distinctly legible so that no question can arise as to their intent and meaning. In case of a difference in the written words and figures in a Proposal, the amount state in written words shall govern. 5. PRICES BID TO BEAR RELATIONSHIP TO COST OF WORK. Prices bid on the various items in the Proposal shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and deemed not to be in the best interest of the Owner may be rejected at the discretion of the Owner. 6. SIGNATURE ON BIDS. If the bid is made by an individual, his firm name must be given, and the Proposal signed by him or his duly authorized agent. If the bid is made by a partnership, the firm name and the names of each member must be given, and the bid signed by a member of the partnership, or a person duly authorized. If the bid is made by a company or corporation, the company or corporate name must be given, and the bid signed by an officer or agent duly authorized. Powers of attorney, properly certified, for agents and others to --sign bids must be in writing and filed with the Owner. B-2 r y 7. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, 'the "Arkansas .State Licensing Law for Contractors". Bidders who submit proposals in excess of $20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Proposal. 8. QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS. Each bidder, if requested to do so by either the Owner or. the Engineer; shall furnish satisfactory evidence of his competency to perform the work contemplated. The -Owner reserves the right to reject a bid if the bidder has not submitted, upon request, a statement of his qualifications prior to the date of the opening of bids. 9.,::DISQUALIFICATIONS OF BIDDERS. Any one or more of the following may be ,,;considered as sufficient for the disqualification of bidders and the rejection of bids: More than one Proposal for the same work from an individual, firm, partnerships, or corporation under the same or different names. Lack of competency as revealed by the financial statement, experience, plant and equipment statements submitted. Lack of responsibility as shown by. past work judged from the standpoint of workmanship and progress. A bid by an unlicensed contractor bidding under a licensed contractor's name. Uncompleted work which, in the judgement of the Owner, might hinder or prevent the prompt completion of additional work if awarded. Being in arrears on existing contracts, in litigation with the Owner, or having defaulted on'a previous contract. B-3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. 3 Unbalanced Proposals in which the prices for some items are out of proportion-to the prices for other items, or changes written in, or amendments by letter. Failure to submit a unit price for each item of work for which a bid price is required by the Proposal, or failure to include all required contract documents. Lack of competency as revealed by the financial statement, experience, plant and equipment statements submitted. Lack of responsibility as shown by. past work judged from the standpoint of workmanship and progress. A bid by an unlicensed contractor bidding under a licensed contractor's name. Uncompleted work which, in the judgement of the Owner, might hinder or prevent the prompt completion of additional work if awarded. Being in arrears on existing contracts, in litigation with the Owner, or having defaulted on'a previous contract. B-3 .. -� 13 ` a r 10. CONSIDERATION OF PROPOSALS. After the Proposals are opened and read, the .quantities will be extended and totaled in accordance with the bid prices of the accepted Proposals. Until the final award of the contract, the Owner reserves the right to reject any and all Proposals, to waive technicalities,. and to advertise for new Proposals, or proceed to do the ..work otherwise when the best .interests of the Owner will be promoted thereby. 11. RIGHT TO REJECT BIDS. The Owner reserves the right to reject any and all bids. All bids are subject to this reservation, and the Owner reserves to itself the right to decide which shall be deemed the lowest responsive and responsible bid. Due c'onsid'eration will be given to the reputation, 1 .financial ability, experience and equipment of the bidder. 12. AWARDING OF CONTRACT. The O'wner reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, said length of time not to exceed thirty (30) days except with the consent of the bidder. The awarding of a contract upon a successful bid shall give the bidder no right to action or claim against the Owner upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed and the necessary bonds approved. 13. SUBCONTRACTOR, The Contractor shall not assign or sublet all or any part of this contract without the prior written approval of the Owner nor I shall the Contractor allow such subcontractor to commence work until he has provided and obtained approval of such compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the plans, specifications, contract and bonds. 14. MATERIALS GUARANTY. Before any contract is required to furnish a complete.' statement .of.the manufacture of any or all materials proposed to be of the work, together with samples, which may provided for in these specifications to determine for the work. awarded the bidder may be C origin, composition, or E used in the construction y be subjected to tests their quality and fitness _ 15. FAMILIARITY WITH LAWS. The bidder is presumed to be familiar with federal, state and city laws, ordinances and regulations which in manner affect those engaged or employed in the work, or the materials all any or equipment used, or in any way affecting the work, and shall in all respects comply with said laws, ordinances and misunderstanding,or ignorance on the part of regulations. No claim the Contractor will in any of way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. am r r� V 16. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner >harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are _ ,required under and by virtue of the provisions of said Act.' x:17. WAGES AND LABOR. liinimum wage rates`shall.be equal to basic rates as established by common usage in the. city and adjacent community for the -various types of labor and skills performed. In case wage rates are specified in the contract documents, the rates as specified shall be the minimum rates which apply to the project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor,. ,if available, shall be used. . !The Contractor and each subcontractor, where the contract amount exceeds x:$75,000.00 shall comply with the provisions of Act 74, as amended by Act i 275 of 1969 (Arkansas Statute 14-630). The provisions are summarized below. The,Contractor and subcontractor shall: (1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday r. and overtime work, as determined by the Arkansas Department of Labor. (2) post the scale of wages in a prominent and easily accessible place at the site of the work. (3) keep an accurate record showing the name and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents.' The Owner shall have the right to withhold from amounts due the Contractor — so much of accrued payments as may be considered necessary to pay the workmen employed by. the Contractor or any subcontractor, the difference between the rates of wages required by this contract and the rates of wages received by such workmen, If it is found that any workmen employed •by the Contractor or a subcontractor has been or is being paid a rate of wages less than the rate } of wages required by this contract, the Owner may be written notice to the ( Contractor, terminate his right to proceed with the work or such part of the work and to prosecute the work to completion by contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. B-5 I 18. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages .paid to employees, whether such employees are residents or non-residents of Arkansas. . 19. ANTI -KICKBACK PROVISION (WHERE APPLICABLE). When provided for in the specifications, the Contractor shall comply with the regulations of the Secretary of Labor made pursuant to the Anti -Kickback Act of June 13, 1934, 40 U.S.C. 276 (c), and any amendments or modifications made thereto and ...shall see that such provisions are included in all subcontracts. A copy of such provisions is included hereinafter in these specifications. 20. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all I bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This -act provides for payment for certain taxes on materials and equipment brought into the state. It further provides for methods of collecting said taxes. All provisions of this act will be complied with under this contract. [I 21. INSURANCE. During the life of this contract, the successful bidder •' shall carry insurance as hereinafter set out. Also, he shall require all of his subcontractors to carry insurance as outlined below, in case they are not protected by the policies carried by the prime Contractor. 1 Insurance companies underwriting the required insurance shall be licensed in Arkansas. Licensed companies are listed in the State Insurance Department's Annual Report of the Insurance Commissioner. g{ In Arkansas, the prevailing law requires that insurance on public works, contracts be issued by and through a duly licensed agent resident in the State of Arkansas. The mere countersigning by a resident agent is not acceptable. Insurance is to be approved by the Owner. If any insurance contracted for becomes unsatisfactory or unacceptable to the Owner after the acceptance and approval thereof, the Contractor shall promptly, upon being notified to the effect, execute and furnish acceptable insurance in the amounts herein specified. Upon presentation of acceptable insurance, the unsatisfactory insurance may be canceled at the discretion of the Contractor. The Contractor shall have his resident insurance agent submit to the Owner, through the. Engineer, a schedule of insurance policies proposed to be furnished, which shall be approved before certificates of insurance and/or policies are issued. Once the Owner has concurred in the proposal of insurance coverages, the Contractor shall then furnish to the Engineer, in the name of the Owner, certificates of insurance for the following: s' � a. • f A. Workmen's Compensation. Workmen's compensation, as required by the laws of the state in which the work is to be done, shall be.furnished. In case any hazardous occupations are required for the execution of the work which are not covered by the above insurance, special employer's liability policies shall be obtained to cover workmen engaged in such hazardous occupations. f- B. Contractor's Public Liability Insurance and Property Damaqe Insurance. This insurance shall provide bodily injury of $200,000.00 for each ' person and $500,000.00 for' each accident; and property damage of $200,000.00 for each accident; This insurance shall be endorsed to cover explosion collapse and underground hazards, and blasting. "C. Motor Vehicle Public Liability and Property.Damage Insurance. This policy shall provide bodily injury of $200,000.00 for each person and 500,000.00 for each accident; and property damage of $200,000.00 for each accident. D. Owner's and Engineer's Continqent Protective Liability Insurance. The Contractor shall indemnify and save harmless the demands, payments, suitsf actions recoveries and judgments of every nature and description brought or recovered against them by reason of any omission or act of the Contractor, his agent or employees in the execution of the work of in the guarding of it. The Contractor shall obtain in the name of the Owner and Engineer (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less than $200,000.00 pro"perty damage and $500,000.00 bodily injury limits, and with such provisions as will protect the Owner and Engineer from contingent liability under this_ contract; E. Builder's Risk Insurance. The Contractor shall procure and maintain ....'.d,:; during the life of the contract builder's risk insurance (fire, lightning, extended coverage, vandalism and malicious mischief) on the insurable portion on a 100 percent completed value basis, against damage to the equipment, structure or material. The Contractor, his subcontractors, and the Owner (as their interest may appear shall be named as the insured). F' All -Risk Floater Insurance. Until the project is completed and is accepted by the Owner, the Contractor is required to maintain an all- risk installation floater policy. t L {I` B -i y The Contractor shall submit to the Owner written evidence of insurance upon the entire work at the site to the full insurable value thereof including the interest of the Owner,. the Contractor, the subcontractors, and any others with an insurable interest. The policy shall insure against all risk of physical damage except as modified by the contract documents and subject to the normal all-risk exclusions. The policy by its own terms or by endorsement shall specifically permit partial or beneficial occupancy prior to completion or acceptance of entire work. G. Other Insurance. The Contractor is to protect the Owner against all loss during the course of the "contract. If, due to the nature of the project, insurance coverage other than that specified above is needed by the Contractor to protect the Owner against all losses, the Contractor is responsible for determining -the type of insurance needed and purchasing same. Each insurance certificate and/or policy shall contain a clause providing that it shall not be canceled by the insurance company without fifteen (15).days written notice to the Owner of intention of cancel. It shall be the responsibility of the Contractor to maintain insurance as set out above, and to furnish current certificates and/or policies. 22. PERFORMANCE BOND AND PAYMENT BOND. The Contractor shall furnish both a surety performance bond and a payment bond, each equal to one hundred percent (100°%) of the contract price. The performance bond and the payment bond shall be two totally separate bonds and shall bear two different bond numbers. The Contractor is to pay all expense in connection with the obtaining of said bonds. The bonds shall be conditioned that the Contractor shall faithfully perform the contract, and shall pay all indebtedness for labor and materials furnished or. performed in the construction of such alterations and additions as prescribed in this contract. The surety company issuing the bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the bonds are not to be issued in an amount greater than the underwriting limitations for the surety company as set out therein. Resident Aqent Required. In Arkansas, prevailing law requires that performance and payment bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his Power of Attorney as his authority. The mere countersigning of the bonds will not be sufficient. I 4 f i i s u The date of the bonds, and of the Power of Attorney, must not be prior to the date of the contract. At least six copies of the bonds shall be furnished, each with Power of Attorney attached. Bonds are to be approved by the Owner. If any bonds contracted for become unsatisfactory or unacceptable to the Owner after the acceptance and approval thereof, the Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable bonds in the amounts herein specified. Upon presentation of acceptable bonds, the unsatisfactory bonds may be canceled at the discretion of the Contractor. k L B_g S R. BID BOND . KNOW ALL PERSONS BY THESE PRESENT, that we, the undersigned, as Principal, and F, 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, successors and assigns. Signed, this day of 1989. _. The Condition of the above obligation is such that whereas the Principal has submitted to a $ certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attachment hereto (property completed in accordance with said BID) and shall . L furnish a BOND for faithful performance of said contract, and for the payment of all performing labor furnishing materials in connection therewith, and shall in all other respects perform the - agreement created by the acceptance of such BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that 1 the liability of the Surety for any an all claims hereunder Lshall, in no event, exceed the penal amount of this obligation as as herein stated. L L D-1 L The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall in no way be 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. r IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their 1 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. r 1 Principal I _Surety By: E IMPORTANT - Surety companies executing BONDS must appear on the Treasury ! Department's most current list (Circular 570 as amended) and be authorized iL to transact business in the state where the project is located. �Le E D-2 L AMERICAN STATES INSURANCE COM°PANYt INDIANAPOLIS, INDIANA BID OR PROPOSAL BOND Know all Men by these Presents, That we------------------ FAYETTE TREE & TRENCH, INC. ------------- - - - P. 0, BOX 471 of FAYETTEVILLE, ARKANSAS 72702 (hereinafter called the Principal), ------------------------------------------------------- -•as-Principal, and AMERIC-AN-S-T-ATES-INSURANCE�COMPANY—(hereinafter.called:thec.,---r Surety) , as Surety, are held and firmly bound CITY OF FAYETTEVILLE, ARKANSAS (hereinafter called the Obligee) in the penal sum of_>51_GF_Ahi01M_OF_ B T D --------------- __________________ Dollars (1$-51OF_BJp__Alq.for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED and SEALED this ----------- 8th -------------- day of -------------- RO-UMER. --------------- 19-8-9---. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for -DAVIDSON STREET--SEWER--REHABILITATION--PROSE_C_T,-FAYETTEVILLE;__ARKANaAS_ ___REPAIR_OR ------ -------------- - - - - - REPLACEMENT OF EXISTING- SANITARY "SEWER"MAINS7nONG`SIX"(6)_DIFFERENT LOC -A IOYIS. - NOW; THEREFORE, if the said contract be timely awarded to the Principal and the Princi- pal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond be required, with surety acceptable to the Obligee for the faithful performance of the said con- tract, then this obligation shall be void; otherwise to remain in full force and effect. FAYETTE"-TREE & TRENCH. INC. BY: Form 9-1027 6.62 STATES INSURANCE Y4n=_Fact _.>f .�-�,- GENERAL POWER OF ATTORNEY American States Insurance Company INDIANAPOLIS, INDIANA KNOW ALL MEN BY THESE PRESENTS. that American States Insurance Company, a Corporation duly organized and existing under the laws of the State of Indiana, and having its principal office in the City of Indianapolis, Indiana, hath made, constituted and appointed, and does by these presents make, constitute and appoint - -------------------- ROBERT M. RENNER AND KEVIN RENNER ----------------- (`Joint:ly or Severally) � W of Fayetteville and State of Arkansas CD its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings, provided, however, .A that the penal slan of any one such instrtment executed hereunder shall not exceed W TWO MILLION FIVE HUNDRED THOUSAND AND N0/100 ($2,500,000.00) DOLLARS ----------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This Power of 'Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By -Laws of the American States Insurance Company, which reads as follows: "The Chairman, the President or any vice-president (including any Executive Vice President, Senior Vice President, Second Vice President or Assistant Vice President) shall have power, by and with the concurrence with the any other officer of the Corporation, to appoint Attorneys -in. Fact as the business of the Corporation may require and to authorize any such person to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings.. whether by way of surety or otherwise." 1N WITNESS. WHEREOF, American States Insurance Company has caused these presents to be signed by its Vice -President, attested by its Assistant Vice -President and its corporate seal to be hereto affixed this 24th day of May AMERICAN STATES INSURANCE COMPANY /L�^/ IES INdr, ATTEST: 'v/ V 0 " ✓ '� ✓ E/ _ By ��C,—�•p aid Assistant Vice -President Secontl Vice- resident '�p ^ f STATE OF INDIANA I COUNTY OF MARION ISS On this 24th day of May A.D., 19 89 , before me personally came Joseph F, Heim , to me known. who being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is a Vice -President of American Slates Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said Joseph F, Heim further said that he is acquainted with John J, Rosich and knows him to be the Faistant Vice -President of said Corporation; and that he executed the above instrument. MY COMMISSION EXPIRES - C: m. -+. —:1J 4Pay pL� _ FEBRUARY S. 1000 - Public eta My Commission Expires Notary Public i� n STATE OF INDIANA ISS COUNTY OF MARION J 1. John J. ROS ich the Assistant Vie -President of AMERICAN STATES INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY, which is still in force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By -Laws of AMERICAN STATES INSURANCE C>.`✓PANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman, the President o: any vice-president (including any Executive Vice President, Senior Vice President, Vice President, Second Vice President or Assistant Vice President) and the secretary, or an assistant secretary, or other officer, whose signatures, if the instrument is duly countersigned by an authorized representative of the Corporation, may be facsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have •�, issued by the Corporation." •': .. �z•' In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this 8TH day of NOVET w. �'•••'_ A.D., 19 89 .. 9.1459 (9-88) Assistant Vice -President NOU=07-1989 14:49• FROM CEI ENGINEERING TO 152198711, P.02 CEI Engineering Assavocal ,Inc. EngMeers • Planners .Surveyors' 110 west Cenral Benton+ 1e, Ar 72712 (501) 273-9472 FAX (501) 273.0944 November 7, 9 En TO ALL BIDDERS EI {JE RE: Davidson Street Sewer kG Y8 L Rehabilitation Project pj 1889 CV Eh6i1 ERIN nil Gentlement An rj Please take: notice of and incorporate the followw"ing�3t your bid for the referenced'.projecti ADDENDUM NUMBER TWO i. Bid Item 1. (b.) page $-2'of Bid Form Changed 63 linear feet 6'-8' cut to 63 linear feet 80x10' cut 2. Add Bid Item No. 9,' Lump sum•bid for Highway 16 crossing repair 3. Add Bid Item No. 10, 6" ar 4" service taps for line D (18") 4. Add Bid Item No. 11, 4" service taps for line segments A, B, C, E, F, G & H. s. Add Bid Item No. 120 6" service taps for line ,segments A, B, C, E, F, G & H. 6. Add Bid Item No. 130 - Cubic yards rock excavation. Note: All of the above addenda are reflected in the enclosed revised bid forms. Use said revised forms for actual bid. 7. Crushed stone pipe bedding and trench backfill under pavement Will be paid for by actual volume placed up to the maximum allowed by trench details on Sheet 11 of project plans. Please call Mark Johnson at (S01) 273-9472 with any questions. Respectfull bmitted, Mark C. J nson, P.E. PLS cs All Bidders Sid Norbash/REH/File • NOV,-07-11°83 14:50 FROM CEI ENGINEERING TO 15219671 P.03 s BID Davidson street Sanitary Sewer Main Rehabilitation Project For the City of Fayetteville, Arkansas Proposal ofye called "Bidderul), afcorporation, organized the State of doing business as (hereinafter and existing under the laws of a partnership, or an individual To the City of Fayetteville, Arkansas, (hereinafter called the "Owner")t Gentlement The Bidder, in compliance with your invitation for bids on the Sanitary Sewer Main Rehabilitation Project located in and for the City of Fayetteville, Arkansas, having examined the plans and specifications with related documents and the site .of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the"availability of materials and labor, hereby proposes to furnish all labor,materials, and supplies, within the time set forth therein, and at the prices stated below. The 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 or before a date to- be agreed upon by the Contractor and the Owner and to fully complete the project within/a4- consecutive calendar days thereafter as stipulated in the specifications.. Bidder further agrees to pay as liquidated damages, the sum of S n,nn for each consecutive calendar day thereafter.' Bidder acknowledges receipt of the following addendums Addendum Number One s N Addejxd_um Number Two . N/ Revised 11%7/89 Z-1 'NOV-07-1989 14'50 FROM CEI ENGINEERING TO 15219671 P.04 , Bidder agrees to supply all necessary materials, supplies, tools, and equipment and .provide all, labor, supervision, and other services required for the complete `construction of the project as described in the specifications and shown_on the plans for the following unit prices. The costs of miscellaneous material items not, listed below .that are required for a complete job shall' be included in•the unit prices below and shAll mot be a cause ,for an extra, with the exception of approved change order. Item Estimated Unit, Description of Item Total No. Qu'an'tity and Unit -Price $id Amount 1. SDR 35 PVC Gravity Sanitary Sever Nain.Pipe, complete in place. (a.) 6" PVC 1,636 Linear Feet 0'-6' Cut d dollars (S /J,b0 439 Linear.Feet 6'-8' Cut Ln 4-J dollars (S!'11 160 Linear Peet s'-10' Cut dollars cJ ' (b.) 8" PVC 1,385 Linear Peet 0'-6' Cut dollars 540 Linear Feet 6'-8' Cut 0 dollars (S/� 63 Linear Feet 8'-10'Cut � '6�� 4, 100 dollars Revised 11/7/89 E-2 )L.F. $24c ) L. P . 5=J P 80. 0,0 )L.P. $ 10!000.90 )L. F.$ 1,,3,9z -k, 9b 'NOW -074989 .114:51 FROM CEI ENGINEERING .. TO %1521cA71 P.05 (c.) 18" PVC ` 448 Linear Peet. '.0'-6' Cut 00 dollars. (S9"6,/� )L.F.S(/J96010 625 Linear.Feet. 6'-8' Cut, / o — dollars (5A9,/�r 1L.F.S/B1gig, 7S� 862 Linear Feet 8'-10' Cut dollars (83o.dd 237 Linear Feet 10'-12' Cut 4- bion dollars L.P.$7cf7^•8� 103 Linear.Feet 12'-14' Cut dollars L.F.S�/92% �d 2. Class 50 Ductile.Iron Gravity Sanitary Sewer Main Pipe, complete in place. (a.) 8" DIP 60 Linear Feet e'-6' Cut uav�gy, d 0 dollars L.F.S (b.) 18" DIP 77 Linear Feet 0'-6' Cut J / — dollars ( S 39� to )L. F. S 3%7O 10 Linear Feet 6'-8' Cut J /�oo P dollars 13 Linear.Peet a'-10' Cut �-/ loo dollars (S�/rl,/LJ )L.P.SG'�,'n Revised 11/7/x9 8-3 INOV-07-]989 14°52 FROM 'CEI ENGINEERING TO 15219971 P.06 30, Sanitary Manholes, With Ring and Lid, complete in place. (a•) 16 Each 0'-6' Depth 4Q- z.�' �C �m� - dollars ( S Utb bo )EachL3� 600.06 (b•) 3 Each 6:-8' Depth f� dollars (611060, Ob )Each 31.00n.�o (c.) 5 Each O'-10'Depth . -n..e.-rNir,•a, .wK.cL'cf2uZ+•--wncYie�!'� /dollar ($./,m90•Db )Each6j,(SaDrDd (d.) 2 Each 10'-12' Depth dollars. (S /135o,bo )Sacho/7AO;aD 4. 2,777 Tons Arkansas Highway and Transportation Department Class 7 Crushed Stone (Old SS-2)for Sanitary Pipe Embedment and Street Crossings, complete in place. dollars ($11%y% )Tons$U0 19 '76 5. 961 Square Yards 3000 PSI P.C. Concrete for pavement repair, complete in place* pTic�2�-GH r c��u� 4 oo — dollars ( $ 9�a;bo )SY S 2/444jf-!�?, o0 U 6. 25 Cubic Yards Class 8 Unreinforced Concrete, for Sanitary Main Encasement, complete in place. o dollars ($'1a�;o0 )CY 7. 1 Lump Sum Aerial Crossing, with all necessary Concrete, Steel and Hardware as detailed, complete in place. uv+.(� 7' ,�,� a� IF. AttMcL�, -f i/0o dollars ($3,X0000 )LS $.3j0, 0, 00 Revised 11/7/89 6C1 E-4 N NOU-97-1989, 14:52 FROM CEI ENGINEERING TO b521987A P.07 i c a . 8. 400 Linear Feet 4" SDR 35 or cast iron soil pipe service. line length increase. /00 SD 4tz 1D1D ----- dollars (S'It 5o _ )LF oo•DD 9: 1 Lump Sum, Highway. 16 Crossing/Pavement Repair to AHTD Specification. �tiQ loo dollars (SXjo'14100 )EAS o7�.00 v� 10. IS.Each 6" or 4 Service Taps Line D (.18") ju - � y�oo�dollars )EA 1W P. 11. 44 Each 4" Service Taps Lines A,B,c,E,p,Cr,&H - � .4 m" dollars ($106,00 )EA Sir64*100 12. II -Each 6"" Service Taps Lines A,S,C,E,F,G,&H &ka, dollars W/0100 )EA S4--X/L!,00 13. 10 Cubic Yards Rock Excavation 4 dollars tSS:o•oo )YD SeoOtDD P Revised 11/7/89 E-5 N1OV-0?-1989 14:53 FROM CEI ENGINEERING ?A* -TO X152196?1 ft. 08 5 odi TOTAL BID $a urr; �,�c�ere ��s_ �H�v, ��.<.�Pa � ��✓�ye.-�� .� �aa a� �� ( S °443 378 r I ) (Amount Written In Words) (in Figures) The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay .item., and the total bid. In case of conflict between words and figures, the words, unless obviously incorrect, shall govern$ Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and to waive any formalities in the bidding. Bidder agrees that this proposal shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving: bids. Revised 11/7/89 B-6 Respectfully submitted, Firm Name By Y'd' A4 x.71 Address City State Arkansas State License Number CEI 'Engineering Associates, Inc. ' Engineers • Planners • Surveyors 110 West Central Bernonwile,Ar72712 (501) 273-9472 TO ALL BIDDERS FAX(SDI)273-08" RE: Davidson Street Sewer Rehabilitation Project Gentlemen: Please take notice of and incorporate the following into your bid for the referenced project: ADDENDUM NUMBER ONE 1. Construction of Center Street - Line C. to begin no later than November 29, 1989 and to be completed no later than =December 13, 1989. Temporary connection to existing sewer main is required as is shown on Attachment I. 2. Construction of remainder of project not to begin before February 12,'1990 but must begin by February 26, 1990. Construction to be completed by May 14, 1990, K, Temporary connection for Line C to be removed and Line C•_. to be connected to completed and approved Line B. P. Delete 329 lineal feet (from Sta 23 + 75 to Sta 27-+ 04) . 15" SDR 35 PVC from Line D. This portion of Line D'not to be disturbed. r: That portion of Line D within the right-of-way of Arkansas Highway 16 must be constructed in accordance with AHTD Specifications and Provisions for Utility Permits. A summary of which is shown as Attachment II. a Also, an acceptable traffic'control plan must be used for this line segment: See Attachment III. Also, the pavement of Highway 16 must be repaired per AHTD specification: See Attachment IV. Enclosed are revised bid forms. Use these for the actual "- bid to be turned in to the City. Please acknowledge receipt of this addendum by calling Mark Johnson at (501) 273-9472. Respectfully Mark C, John tted, _-� n,TP:E",-PLS .Y _ All Bidders c: Sid Norbash/REH-/File -,- — -- -: -.-Hr. .._ _ J. Cv'` PVC. LINE cw^� 0 if CoC.Tloti �� 4}oc E " PVC. 'fb M mil f'��Z f3 ?. / I Oz., Tb 6E cx)m* 4 AF LATEX DATg CLvr *KlaSTlWC-3 UNE 1t,M > sPLI GE AN IE5K e WYE .....�.. h1CiTES : '%.{l9 CANt.4�G'rlpll �Of� INITIAL LANE 'C. CONSTRUGrIom C)NLY CAtiT2A.C.ta1= T F"famova TEMPOMA4zY CGuk4ige not l kloeg Ltt.tE 'jj Cj:*lsmucTeD i�MPOf<ARY C ONMEC�:11-1vu DETAIL 1'0(z� LINE G ATCA�CXt k&IENT _ T a I - ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT SUMMARY OF SPECIFICATIONS ANDtPROVISIONS :OR UTILITY PERMITS (Made a part of All Utility Permits by Attachments) GENERAL PROVISIONS: (Applicable to All Permits) ) Any and all •itility work performed on highway right of way is subject to the approval of the District Engineer. . Omer shall assume full liability of hazard to traffic that is created by his opera- tions, and shall make use of appropriate safety devices such as barricades, lights, signs, and flagging operations needed to protect traffic, and shall save harmless' the Arkansas State Highway Commission in all respects. If at any time a chance or improvement in the highway necessitates an adjustment or removal of the facility installed under this permit, it shall be at the expense of the owner within a reasonable time after request by the Department. All materials and workmanship shall conform to the standard specifications of the Department. Any excavation upontheright of way shall be thoroughly tamped as back- filled, to grade and section, maintaining grade on all drainage structures and pro- viding erosion control where necessary. Any highway property disturbed by the installation and operation of the facility shall be restored to its original, or equivalent condition including establishing a sod as required by the District Engineer, in accordance with Maintenance Circul ar No. 77-11. Any surplus material or debris shall be disposed of so as not to leave an unsafe condition or unsightly appearance. All non-metallic buried facilities placed on highway right of way either parallel to or crossing the roadway, shall have an approved identification wrap of detectable tape or wire in order that the facility can be located by metal locators or other suitable devices. The installation of the facility covered by this permit shall conform to the requirements of the applicable federal, state local, industry, health, and safety codes. Cross Lines: overhead facilities shall have a minimum of 18 feet of clearance above y. ..... the roadway surface. No pole, pole brace, guy and anchor, or appurtenant fixture shall be placed where it will interfere with access to the highway, highway, maintenance; . or impede drainage. No down guy or push brace shall be placed from a pole Coward the roadway surface without specific approval. If temporary guard --structures. are required during construction to protect traffic, said structures shall -be placed - a minimum of 30 feet from the pavement edges and removed upon completion of construc- tion. On controlled access highways, all above ground facilities shall be_located outside the controlled access area unless specific approval is given otherwise. Buried facilities shall be a minimum of 2.5 feet below the low points of the road- , .. way cross section or 3.5 feet below the top of subgrade, whichever gives the greater depth; and shall be projected by jacking, borinq, or tunneling under the roadway fill. All bores shall be by the dry bore method. Facilities that are not encased must have greater depth than the minimums specified above. Parallel Lines: All parallel facilities shall be placed within 5 feet of the riqht of way line unless specific approval is given otherwise. overhead facilities shall be installed so that the location of facilities projecting above ground shall conform to the provisions stated above for cross lines unless otherwise specified in the permit. • Buried faef1ities shall'be installed back of the ditches and shall not interfere with maintenance or drainage: and'shall have a minimum of 2 feet of cover and clear drainage ditches and structures horizontally and vertically. Manhole rings and covers - shall be laid flush with existing natural ground surface or proposed finished grade. On controlled access highways, all parallel lines shall be installed outside the controlled access area. Any change in design, location, or method of installationfrom that already approved must have prior approval of the Department before such change is incorporated in the work. Ai -I AG LIN.Errr _i^L PA<aE I OF L 4..:, -z - s Ae SPECIFIC PROt'ISIONS: NONCOUTR0LLED ACCESS HIGHWAYS: (Applicable In Parts as s Appropriate) - - All cross lines shall be encased a minimum length of from toe of slope to toe of slope, unless otherwise specified, in a sleeve of sufficient. size to allow the carrier line to be withdrawn for repairs. Exceptions to the above are provided for in the State's "PolivI on the Accommodation and Adjustment of Utilities on Arkansas State Highway Right of Way and Property". The installation of unencased crossings. will be allowed only upon request by the owner and in compliance with the above Policy. When it is not feasible to project the cross line through the roadway fill and the installation requires cutting of the roadway surface and laying the cross line in an open trench to provide for the installation, traffic shall be maintained by either cutting one-half of 'the roadway at a time or providing a short, local, and well marked detour around the crossing area. Backfill shall be made of suitable material, free of large clumps and clods in 4 inch layers (loose measurementl com- pacted with mechanical tampers to 95 percent density as determined by AASHO Method T-99 to the top of the subgrade and roadway section. The roadway section shall be restored in accordance- with. Maintenance Circular No. 77-11, or as directed by the District Engineer. SPECIFIC PROVISIONS: CONTROLLED ACCESS HIGHWAYS: (Applicable in Parts as Appropriate) All crass lines shall be encased a minimum length of from control of access line to control of access line, unless otherwise specified, in a sleeve of sufficient size to allow the carrier line to be withdrawn for repairs. Trenching will be permitted from the control of access line to the toe of slope or 30 feet from the pavement edge, whichever is greater, and the encasement pipe shall be placed by jacking, boring, or tunneling under the roadway to the toe of the slope or 30 feet from the pavement edge, whichever is greater, on the other side. Cutting of the roadway surface on Controlled Access Highways will not be permitted. Access for constructing and servicing utility facilities located alonq and across a fully Controlled Access Highway normally shall be limited to access via (a) frontage roads where provided, (b) nearby or adjacent public roads and streets, or .. (t) trails along or near the highway right of way lines and connection only to an intersecting road, from any one or all of which entry may be made to the outer. portion of the right of way of the Controlled Access Highway. Access to -and from through traffic roadways or on and off ramps for normal servicing of utili'ty'fa-- eilities is prohibited. - In a case of emergency where immediate action is necessary for protection of the public, tominimizeproperty damage, and to restore essential utility service, the owner may at his sole risk and responsibility use the controlled access area as an access route for servicing facilities provided appropriate safety methods and devices are used to provide adequate warning and protection to persons and property of the public, the owner notifies the Departv=nt is Boor as practicable, assumes full responsibility for all operations, including the restoration of highway and utility proportion to original equivalent conditions. On partially controlled access highways, parallel utility facilities may be placed on the right of ray, under special conditions, provided the facilities enter upon and leave the right of way at established breaks in the control of access lines, such as driveways, street, and road intersections. Service connections will only be allowed.at the established breaks in the control of access. Construction, operation, And maintenance of the facility must be performed using trails along the right of way line with ingress and egress only from the established breaks in the control of access line. The use of the main lanes at points other than the established breaks in the control of access is prohibited. NOPE: For more detailed information, refer to the, "Arkansas State Highway Commission Statement of Policy on the Accommodation and Adjustment of Utilities on Arkansas State Highway Right of Way and Property. -. -- AMNCHMEN1' M !fie-zo;� tLL I I S Y <9L ^ I �.� . I 1 l I� :� g -i �- 111 1 1) - I I CD. I <5� I ct�e�r} I I a 1.1• s I JJ� 1 I e I 1 - I I I = I I I �.1�— II I I O I I I i s= C w a W I aJZ J 1 W. I 'I ban C!'' SS r R I b Iii I 3 I I x gy; 22� =ao 1 I ¢ I Y Y I Wdw I I 1 0 " �� -. = I Jmo j s I I 'o `c C o n a� I I c =az ae ?•_ q J � U t O: M V. Qis I ¢ ¢"w .1 N gY I Wu Ki;�<. 'Df 1 �maSga x rI S z N l IIi D 1 i WJWW iW as I r I', UZ r.l� 'I ve "va; T I F j 1 Y_ J��Sm I..sm .. I Y: z >� = 0 I I. J I• IY I I NI__s J 5> I E I 11 �� /� I F� IJ W 1 I' I I W ag aV d r u 1 a _ iii i . I g—^L—^�1— I I I g^A I 1 II —tom" I I = �Y _b$'W y JN �.12 i M I l O I ail - I I � I � a t =4=� e 2 r I III I I W`<jff W=Itd -" q S a E yt e_.. +�JB % i ` e_ 1 II —1 a: r J_. $ I 111 i1i I g :� a]CSNr�LYUSt r.N •J ZW_ 11_t <<< 1^r I I� Ex` i cY3 eaJN>>sisis. b I s>« I( i I I I I I—(�� S A! « A: r V V A?TAGHMF.NT = PAC46 _ I OF3. NOTES FROM U-1 1. Plan I is appropriate when no part of the roadway is blocked by vehicles or equipment and would suffice for utility work parallel to roadway. 2. Zr the utility work remains in operation during hours of darkness• Type II barricades or drums should be used in lieu of cones. Lights should be provided to mark flagman stations and barricades at night. 3. L = Length of taper S a Speed limit or 85 percentile speed W a Width of offset in feet 4. Warning signs for utility work shall be' diamond shaped, having a black symbol or message on an orange background. 5. Sign supports may be fixed or portahle depending upon time duration of 6. All signing shall be in eamplianee with the Manual on Uniform Traffic Control Devices. 7. -This plan is subject to•modirication by the District Engineer in urban areas. 8. All signs shall be reflectorized with Type I reflective sheeting. 9. The desirable size of warning signs (diamond -shaped signs) is 48" x 48"; the si^inm.M size is 36" x 36". For utility work on freeways, 48" x 48" signs should be used. +1 AcgMwr i Jr PA&Ez0r-3 I. • • • • O 1 - � I I I V 3 V f•I I n s n . nI H hit '` ! I I I IM1� 'I I 1 1 I II �1 M T Ln d ;r M1 o i tD N� - - 1Mu • F ! Jr •• C n Cu I 3 V f V fl V wij L Z -o •J}wtw I-. OO r LL- :` --I E O tw JI •• 4 1 A/TAGNM&VT 1� PEE 30f3 • : • . / iTD TYPE 3 SU CQO4S E • • 3oPS/ PC ? a-v,".o':'c�•6 'o, a<" dd-d 4"-=a,y'- -a G 2ETC - -.-oq-'a-.•0 'p; an: ,4 - < 4d' o; •- <-b - rod o .•d W04557 A TDGeusNEDC TONt I '•; ;�• SELCGT • \\ J/• : 4.1.4rB,e/AL OG GuT ; �P/G,4 L Sar oA o,c .Pso.4i2 /Yrn-, rr. Gam: o✓ 9v p /A wic, 4YS - ._..-------- _:.' ..-._.......- .-_ ._-= r. I - . . A Davidson Street Sanitary Sewer Main Rehabilitation Project For the City of Fayetteville, Arkansas Proposal of (hereinafter called "Bidder"), a corporation, organized and existing under the laws of the State of , a partnership, oran individual doing business as To the City of Fayetteville, Arkansas, (hereinafter called the "Owner"), Gentlemen, The Bidder, in compliance with your invitation for bids on the Sanitary Sewer Main Rehabilitation Project located in and for the City of Fayetteville, Arkansas, having examined the plansand specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, within the time set forth - therein, and at the prices stated below. The 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 or before a date to be agreed upon by the Contractor and the Owner and to fully complete the project within consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $ for each consecutive calendar day thereafter. Bidder acknowledges receipt of the following addendum, Addendum Number One E-1 1. r. Bidder agrees to supply all necessary materials, supplies, tools,' and equipment and provide all labor, supervision, and other services required for the complete construction of the project as described in the specifications and shown on the plans for the following unit prices. The costs of miscellaneous material items not listed below that are required for a complete job shall be included in the unit prices below and shall not be a cause for an extra, with the exception of approved change order. Item Estimated Unit, Description, of Item. Total No. Quantity and Unit Price Bid Amount 1. SDR 35 PVC Gravity Sanitary Sewer Hain Pipe, complete in place. (a.) 6" PVC 1,636 Linear Feet 439 Linear Feet 160 Linear Feet (b.) 8" PVC 1,385 Linear Feet ktI'] 63 Feet 0'-6Cut dollars ($ 6'-8' Cut dollars ($ Cut 0'-6' Cut dollars ($ 6'-8'"Gut dollars (S -8'Cut dollars (S - __. E-2 (c.) 18" PVC` 448 Linear Feet 0'-6' Cut dollars ($ 625 Linear Feet 6'-8' Cut dollars (S 862 Linear Feet 8'-10' Cut dollars (S )L.F.S 237 Linear Feet 10'-12' Cut dollars (S 103 Linear Feet 12' 14' Cut dollars ( 2. Class Duc ile Iron Gravity Sanitar Se er Hain Pipe, complete (a.) (b.) 8" DIP 60 Linear 18" DIP \ 77 Linear 10ea L i� 13 Linear Feet in place. '-6 Cut dollars (S n'-6' Cut dollars (S 6'-8' Cut dollars (S )L.F.S • 8'-l�' Cut dollars (S E-3 )L.F.$ 3. 4. 5 M 7. (a.) 16 Each (b.) 3 Each (c.) 5 Each (d.) 2 Each 2,777 Tons 961 Square 25 Cubi4 1 Lump sum Sanitary Manholes, With Ring and Lid, complete in place. 0'-6' Depth dollars (S )Each 6'-8' Depth dollars (S )Each 8'-10'Depth 5yliars ($ )Each Depth dollars (S ).Each Arkansas ghway an Transportation epartment lass Crushed Stone ld SB-2) f r sdnitary Pipe Em edment and (treet Crossings, com ete in place. liars (S )Tons$ 3000 paves P.C. Concrete for repair, complete in place. ars (S )SY S. Class B Unreinforced Concrete, for Sanitary Main Encasement, complete in place. dollars (S. )CY 5 Aerial Crossing, with all necessary Concrete, Steel and Hardware as detailed, complete in place. dollars (S )LS $ E-4 y 8. 400.Linear Feet 4" SDR 35fior cast iron soil pipe service line length increase. dollars (S )LF S TOTAL BID $ ($ (Amount Written In Words) (In Figures) The Bidder shall state •the price bid in words and figures (written in ink or typed) for each pay item, and the tot blrd In case of conflict between words and figures, the words, ,atless obvi sly incorrect, shall govern. II Bidder understands that the Owner reserves the rig] project, or to reject any or all ids and to waive i bidding. Bidder agrees that this Proposal sha be good and ma a period of 30 calendar days after the scheduled clo bids. I1, to award the total formalities in the not be withdrawn for g time for receiving fully submitted, Firm Name By Address City State Arkansas State License Number E-5 - is A e 1 • � i i y y I. c Ids T II BID I I I Davidson Street Sanitary Sewer Main Rehabilitation Project For the City of Fayetteville} Arkansas q &P'roposal of (hereinafter called "Bidder"), a corporation, zed and existing under the laws of the State of a partnership, or an individual .doing business as I ,� l %- To the City of Fahettev'lle I rrkansas, (hereinafter called the "Owner"): Gentlemen: The Bidder, in compii4nce with your invitation for bids on the Sanitary Sewer Main Rehabilit tion Project located in and for the City of Fayetteville, Arkansas, having examined, the plans and specifications with related documents and the site of theilproposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and siupplies, within the time set forth therein, and at the prices stated below. The prices are to cover all expenses incurred in performing the ilwork required under the contract documents, of which this proposal is a part. II Bidder hereby agrees to commence work under this contract on or.before a date to be agreed upon by the Contractor and the Owner and to fully. complete the project within consecutive calendar days thereafter as stipulated in the specifications.. Bidder further agrees to pay as liquidated damages, the sum of $ 11 for each consecutive calendar day thereafter. Bidder acknowledges receipt of the followi.n adde dum i L E -1l ll e I� I 1 .Bidder. agrees to• •supply:;all necessar;' materials, supplies, tools, and • equipment and provide all labor, supervision, and other services required for the complete construction of -'the project as described ' in _ the • specifications and shown on the plans for the following unit prices. The costs of miscellaneous material •Iitems not listed below that are required for a complete job shall be •included in the unit prices below and shall not be a cause for an extra, with the exception of approved change order. Item -. 'Estimated 'N Unit,Description of Item Total I No. Quantity r and Unit Price Bid Amount • 1. �SDR 35 PVC ;.Gravity Sanitary Sewer ;Main-Pipe;complete in place. (a ) 6":PVC . H. .- 1,636 Linear .Feet 0'-6' Cut; � _ w ,. I • tr o11ars ($ )L.F.$ 439 Linear Feet 6' 8' Cut ;b II 160 Linear Feet 8-10' etil + dollars ($• II _ .. I I w _ ... • -. --r .- (b.) 8"'PVC • 1,385 Linear Feet 0'-6' Cut.Il, . M{- dollars (S 540 Linear Feet "'6'-8' Cut I' ' ... : P' .'441 e.. sl •dollars ($ i 63 Linear Feet '6'=8'Cut r •_. ) ," • 'doll.ars ($ )L.F.$ rt •u (c.) 15" PVC r 174 Linear Feet 0'-6' Cut s " - . dollars ($ )L.F.S 105"Linear Feet "6'-8' Cut ii dollars ($ E-2 L 1. II 50 Linear Feet 8'-10'.Cut dollars ($ (d•) 18" PVC .. 448 Linear Feet 0'-6' cjxcv oltars (S )L.F.S 625 Linear Fee 6'-8' (3jtt'I w_ . .. _ dollars ($ = l 862 Linear &et 8'-10'' Cut dol:Lars (S 237 Linear Feet 10'-12' Cut 4 II dol:Lars (S )L.F.$ 103 Linear Feet 12'-14' Cut dollars ($ 2. Class 50jDuctile Iron Gravity •• Sanitary�•Sewer Main Pipe, complete in place. • (a.) 8" DIP 11 60 Linear Feet 0'-6' Cut dolls ($ )L.F.$ • (b.) 18" DIP I ` 77 Linear Feet 0'-6 Cut: doll.ags (S 10 Linear Feet 6'-8' Cut dollars (S H 13 Linear Feet 8'-10' Cut dollars (S L E1;3 3. (a.) 16 Each (b.) 3 Each (d.) 4. 5 Each 2 Each 2,777 Tons SanitaryiManholes, With Ring and Lid,Ji in place. 0'-6' Depth l 1 dollar 9 )Each 6'-8' Det1-4 E 1 1 dollars1 (,S )Each Ali r ifp ,l fl17:ars ($ Each \/ie'-iiJ Depth dollars (S )Each II Arkansas Highway and Transportation Department Class 7 Crushed Stone- (old SB-2) for Sanitary Pipe Embedment and Street Crossings, complete,4 n place. rdollSrs (S )Tons$ 5. 961 Square Yards 6. 25 Cubic Yards 7. 1 Lump Sum 3000 .n2 idP. C. Concrete for lvement repair, complete in place. dollars (S )SY $ II.Class B !` Jnreinforced Concrete, for Sanitary Main Encasement, completein place. dollars ($ )CY $ II C Aerial Crossing, with all necessary L Concrete). Steel and Hardware as detailed'; complete in place. dollars ($ )LS $ E-4 0 4 1 8. 400 Linear Feet 4" SDR 35 or cast iron soil pipe service line length increase. dollars ($ )LF $ _ TOTAL BID $ (S • (Amount Written In Wo des) (In Figures) The Bidder shall state the pric bid in words and figures (written in ink i or typed) for each pay item, and 'the tc#tal bid. In case of conflict between words and figure; e ,or pnless obviously incorrect, shall govern, ` b Bidder understands that th Ow'n'er reserves the right to award the total project, or to reject any or all bids and .to waive any formalities in the bidding. Bidder agrees that this Proposal shall be good and may not be withdrawn for I. a period of 30 calendar days after the scheduled closing time for receiving bids. Respectfully submitted, Firm Name By Address City State L I L Arkansas State License Number E-5 UNIT PRICE AGREEMENT THIS AGREEMENT, made this 5 day of , 1991_, by and between The City of Fayetteville, Arkansas , hereinafter called "OWNER" and (name of Owner), (an Individual) Fayette Tree and Trench, Inc. doing business as (an individual,) or (a partnership,) or (a corporation) hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The 'CONTRACTOR will commence and complete the construction of Davidson Street Sewer Main Rehabilitation Project 2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 14 calendar days after the date of the NOTICE TO PROCEED and will complete the same within 160 calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ 243,378.91 or as shown in the BID schedule. Actual dollar amount to be adjusted according to actual constructed quantities at bid unit prices. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) Advertisement for BIDS (B) Instructions to Bidders (C) Bid Bond (D) Bid (E) Agreement (F) Payment Bond (G) Performance Bond F-1 f . (H) Notice of Award (I) Notice to Proceed (J) Change Order (K) Generaf Conditions (L) Special Instructions (M) Special Conditions (N) Detailed Specifications prepared by CEI Engineering Associates dated September 1989. (0) Method of Measurement and Basis of Payment (P) Attachments; No. 1 dated ,1989. (Q) Drawings prepared by CEI Engineering Associates numbered 1 through 12, and dated September 1989. (R) Addenda No. 1 , dated 11/02/89 ,1989. No. 2 , dated 11/07/89 1989, No. , dated ,1989. 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. a , IN WITNESS WHEREOF, the parties hereto have executed or caused to be s' executed by their authorized officials, this Agreement in 2. (number of copies) copies each of which shall be deemed an original on the date first above `I written. OWNER: + ; 5 NAME U)i ll1 n-' V. :21 JS..' (Please type) 4s a (=SEAL) TITLE �yY�Qc�aJz ATTEST: : _. NAME Thomas i Ple""ase type) TITLE I x LJLsh-rt CONTRACTOR: i Fayette �Tree p & Trench, 'Inc: Y(�!/ Bf . vvv rt y Y• NAME EugeneTNo tenam er "+ =(!'+lease` tyae-) ADDRESS P.O.4'x -i! (SEAL) Fayetteville,..Ark2nsas'72702- 0471 ATTEST: L NAME t Paul E. Nottenkamper (Please type) I. TITLE (T7/p. 777 `! F-3 1 i PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: that FAYETTE TREE & TRENCH, INC. (Name of Contractor) P. 0. BOX 471, FAYETTEVILLE, ARKANSAS 72702 (Ad'dress of Contractor) a CORPORATION , hereinafter called PRINCIPAL and (Corporation, Partnership or Individual) AMERICAN STATES INSURANCE COMPANY OF INDIANAPOLIS. INDIANA (Name of Surety) hereinafter called SURETY, are held and firmly bound unto CITY OF FAYETTEVILLE, ARKANSAS (Name of Owner) FAYETTEVILLE, ARKANSAS 72701 (Address of Owner) hereinafter called OWNER, and unto all persons, firms, and corporations who or which may furnish materials to perform as described under the contract and to there successors and assigns in the total aggregate sum of TWO HUNDRED FORTY-THREE THOUSAND, THREE HUNDRED S EN I��1F (S 243,378.91 in lawful money of the United States, f$f1t9t6ayment of which sum well and truly to be made, we bind ourselves, our heir executors, administrators, successors, and assigns, jointly and severally, firmly 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 , 19 ,. a copy of which is hereto attached and made a part hereof for the construction of: DAVIDSON STREET SEWER REHABILITATION FAYETTEVILLE, ARKANSAS 72701. NOW, THEREFORE, if- the PRINCIPAL shall promptly make payment to all persons, firms, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extensions or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, fuels, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK including that by a SUBCONTRACTOR, and to any mechanic or materialman lien holder whether it acquires its lien by operation of State or Federal law; then this obligation shall be void, otherwise to remain in full force and effect. .• G-1 • r w S 1. PROVIDED, that beneficiaries or claimants hereunder shall be limited to the SUBCONTRACTORS, and persons, firms, and corporations having a direct contract with the PRINCIPAL or its SUBCONTRACTORS. PROVIDED, FURTHER, that the said SURETY for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way 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 this contract or to WORK or to the SPECIFICATIONS. PROVIDE, FURTHER, that no suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with- the PRINCIPAL shall have given written notice to any two of the following: The PRINCIPAL, the OWNER, or the SURETY above named within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be serviced by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the PRINCIPAL, OWNER, or SURETY, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date of which PRINCIPAL ceased work on said CONTRACT, is being understood, however, that if any limitation embodied in the BOND is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the Contract as so amended. The term "Amendment wherever used in this BOND and whether referring to this BOND, the contract or the loan Documents shall include any alteration, 1t addition, extension or modification of any character whatsoever. 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. G-2 WITNESS WHEREOF, this instrument is executed in SIX(6) counterparts, each Number of which shall be deemed an original, this the day of fr.'TEST: Principal) ecretary (SEAL) Witness to Principal OoS 2/ Address s_ City / State ATTEST: Witness to Surety P. 0. BOX 427 Address FAYETTEVILLE, ARKANSAS 72702 City State FAYETTE TREE & TRENCH, INC. Principal •#: ^ CI),r GE NOTTENKAMPEr+.; -'"R;•:S I I)I P. 0. BOX 471 Address *+� FAYETTEVILLE, ARKANSAS 72702-0471 City State AMERICAN STATES INSURANCE COMPANY Surety By Attorney -in -Fact ROBERT M. RENNER P. 0. BOX 427 Address FAYETTEVILLE. ARKANSAS 72702 City State NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and. be authorized to transact business -in the State where the Project is located. G-3 ti• GENERAL POWER OF ATTORNEY American States Insurance Company INDIANAPOLIS, INDIANA KNOW ALL MEN BY THESE PRESENTS, that American States Insurance Company, a Corporation duly organized and existing under the laws of the State of Indiana, and having its principal office in the City of Indianapolis, Indiana. bath made, constituted and appointed, and does by these presents make. constitute and appoint -------------------- ROBERT M. RENNER AND KEVIN RENNER----------------- (Jointly or Severally) of Fayetteville and Slate of Arkansas its true and lawful Attorney(s)-in-Fact, with lull power and authority hereby conferred in its -name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings, provided, however, that the penal star of any one such''instnment executed hereunder shall not exceed TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 ($2,500,000.00) DOLLARS ----------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By -Laws of the American Slates Insurance Company, which reads as follows: .. . . "The Chairman, the President or any vice-president (including any Executive Vice President, Senior Vice President, Second Vice President or Assistant Vice President) shall have power, by and with the concurrence with the any other officer of the Corporation, to appoint Attorneys -in - Fact as the business of the Corporation may require and to authorize any such person to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise." !N WITNESS WHEREOF, American Slates Insurance Company has caused these presents to be signed by its Vice -President, attested by its Assistant Vice -President and its corporate seal to be hereto affixed this 24th day of _ May a W O I is N A.D. 19. 89 . AMERICAN STATES INSURANCE COMPANY ATTEST: ; By . Assistant Vice -President ` Second Vice- resident ^ x n STATE OF INDIANA - bV•`. 0 COUNTY OF MARION f SS On this 24th day ofMay , A.D., 19 $9. , before me personally came Joseph F. Heim , to me known, who being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is a Vice -President of American States Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said Joseph F. Heim further said that he is acquainted with JohnS a. Rosich and knows him to be the Assistant Vice -President of said Corporation: and that he executed the above instrument. MY COMMISSION EXPIRES /.-. �J Ppy pL FEBRUARY S, 1003 .��-A.IlII 1 oc My Commission Expires - - Notary Public o , STATE OF INDIANA 1 SS �NbIpNP COUNTY OF MARION I - John J. Rosich .the Assistant Vice -President of AMERICAN STATES INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY, which is still in force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Section B.03 of the By -Laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman, the President - any vice-president (including any Executive Vice President. Senior Vice President, Vice President, Second Vice President or Assistant Vice President) z:4 the secretary, or an assistant secretary, or other officer, whose signatures, if the instrument is duly countersigned by an authorized representative of the Corporation, may be facsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually .t issued by the Corporation." In witness whereof, I have hereunto set my hand and affixed the sea! of said Corporation. this 7TH day of DECEMBER A.D., 19 89 - tg 1M3 v 9.145A �On 9 (9-88) ' - Assistant Vice -Pre ident t3A1 - x3 • f 111 ' s F PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that FAYETTE TREE & TRENCH, INC. (Name of Contractor) P. 0. BOX 427, FAYETTEVILLE, ARKANSAS 72702 (Address of Contractor) a CORPORATION , hereinafter called Principal, (Corporation, Partnership, or Individual) and AMERICAN STATES INSURANCE COMPANY (Name of Surety) INDIANAPOLIS, INDIANA (Address of Surety) hereinafter called Surety, are held and firmly bound unto CITY OF FAYETTEVILLE, ARKANSAS (Name of Owner) FAYETTEVILLE, ARKANSAS 72701 (Address of Owner) hereinafter called OWNER in the total aggregate penal sum of TWO HUNDRED FORTY- THREE THOUSAND, THREE HUNDRED SEVENTY-EIGHT & 91/ Inn Dollars ($ 243,378.91 ) in lawful money of the United States, for the payment 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. 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 hereto attached and made a part hereof for the construction of: • DAVIDSON STREET SEWER REHABILITATION • FAYETTEVILLE, ARKANSAS 72701 1C L. H-1 I I 1 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the SURETY and during the one year guaranty period and if the PRINCIPAL 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, then this obligations shall be void, 1 otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such '• change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. 1 1. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithfully of the CONTRACT amended. The terms "Amendment", or the Loan Documents shall include any alteration, addition, extension, or modification of any character whatsoever. PROVIDED, PRINCIPAL FURTHER, that no final shall abridge the right of settlement between the OWNER and the the other beneficiary -hereunder, whose claim may be unsatisfied. The OWNER is the only beneficiary hereunder. H-2 . a IN WITNESS WHEREOF, this instrument is executed in SIX (6) counterparts, (Number) each -one of which shall be deemed an original, this the day of ,19 ATTEST: FAYETTE TREE & TRENCH, INC. Principal Sec' retary ( fincipal) (SEAL) Witness s to Principal Address hi Stte ATTEST: -K�� Witness to to Surety P. 0. BOX 427 Address �S� Y •i BY(J`' "(s) EU!ENE NOTTENKAMPER; PRE IDEN._ P. 0. BOX 471 ?b 9,'% '%t +1 .. Address FAYETTEVILLE, ARKANSAS�72702-0471 City State • AMERICAN STATES INSURAT:TCE COMPANY Surety BY2L • ) Attorney -in -Fact ROBERT M. RENNER P. 0. BOX 427 Address FAYETTEVILLE, ARKANSAS 72702 FAYETTEVILLE, ARKANSAS 72702 City State City State NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the Project is located. H-3 i GENERALPOWER OF ATTORNEY American States Insurance Company INDIANAPOLIS, INDIANA KNOW ALL MEN BY THESE PRESENTS. that American Slates Insurance Company, a Corporation duly organized and existing under the laws of the State of Indiana, and having its principal office in the City of Indianapolis, Indiana. hath made, constituted and appointed, and does by these presents make, constitute and appoint ----_---------------- ROBERT M. RENNER AND KEVIN RENNER ----------------- (Jointly or Severally) Fayetteville Arkansas CD of and Slate of � its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings, _provided, however, -A that the penal sum of any one such instrument executed hereunder shall not exceed TWO MILLION FIVE HUNDRED THOUSAND AND 14O/100 ($2,500,000.00) DOLLARS ----------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By -Laws of the American States Insurance Company, which reads as follows: . "The Chairman, the President or any vice-president (including any Executive Vice President, Senior Vice President, Second Vice President or Assistant Vice President) shall have power, by and with the concurrence with the any other officer of the Corporation, to appoint Attorneys -in - Fact as the business of the Corporation may require and to authorize any such person to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise." IN WITNESS WHEREOF, American States Insurance Company has caused these presents to be signed by its Vice -President, attested by its Assistant Vice -President and its corporate seal to be hereto affixed this 24th day of May _ A.D. 192. AMERICAN STATES INSURANCE COMPANY ATTEST: ±3 U��:'"L-LV Assistant Vice -President STATE OF INDIANA OUNTY OF MARION } SS On this 24th day of May 0 4fy INEU9 By Second Vice- resident ^' ` o b p A.D., 198 9., before me personally came Joseph F. Heim , to me known, who being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is a Vice -President of American States Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said Joseph F. Heim further said that he is acquainted with John J . Rosich and knows him to be the Assistant Vice -President of said Corporation: and that he executed the above instrument. MY COMMISSION EXPIRES FEURUARY6. 1D03 G� '�"�'�� ♦P me My Commission Expires - Tlolary Public STATE OF INDIANA SS •,ryl COUNTY OF MARION I John J . Ros ich , the Assistant Vice -President of AMERICAN STATES INS1;RANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY, which is still in force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By -Laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman, the President or any vice-president (including any Executive Vice President, Senior Vice President, Vice President, Second Vice President or Assistant Vice President) and the secretary, or an assistant secretary, or other officer, whose signatures, if the instrument is duly countersigned by an authorized representative of the Corporation, may be facsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually -• issued by the Corporation." In witness whereof, I have hereunto set my hand and affixed the scat of said Corporation, this 7TH day of DECEMBER A.D., 19_89 ���/// ^ 4•Ey INEUy,L / n m (9-88) - Assistant Vice -Pre ident • ' V r I I TO: 1 PROJECT Description: NOTICE OF AWARD ' The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated , 19_ You are hereby notified that your BID has been accepted for items in the amount of $ You are required by the information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance BOND, Payment BOND and certificates of insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within ten j (10) days from the date of this Notice, said OWNER will be -entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of , 19 Owner By Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged: By ` this day of 44 By L fi L. ,19 I-1 Title r _ i I - NOTICE TO PROCEED TO: Date: Project: You are hereby notified to commence WORK in accordance with the Agreement dated , 19 , on or before , 19. , r and you are to complete the WORK within consecutive calendar days thereafter. The date of completion of all WORK is therefore 19 Owner By Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO [ PROCEED is hereby acknowledged: By •L this the , 19_ • By Title L J-1 {gi; S CHANGE ORDER ORDER NUMBER: I. DATE: AGREEMENT DATE: NAME OF PROJECT: OWNER: CONTRACTOR: The following changes are hereby made to the CONTRACT DOCUMENTS: I. Justification: Change to CONTRACT PRICE: Original CONTRACT PRICE: $ Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $ The new CONTRACT PRICE due to this CHANGE ORDER will be $ Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by calendar days. The date for completion of all work will be (Date). Approvals Required: To be effective this Change Order must be approved by the OWNER if it changes the scope or. objective of the PROJECT, or as may otherwise, be required. - Requested by: Recommended by: • Ordered by: Accepted by: L Owner: L L K-1 • r GENERAL CONDITIONS 1. Definitions 17. Subsurface Conditions 2. Additional Instructions and Detail 18. Suspension of Work, Termin- Drawings nation, and Delay 3. Schedules, Reports, and Records 19. Payments to Contractor 4. Drawings and Specifications 20. Acceptance of Final Payment 5. Shop Drawings as Release 6. Materials, Services, and Facilities 21. Insurance 7. Inspection and Testing 22. Contract Security 8. Substitutions 23. Assignments 9. Patents - 24. Indemnification 10. Surveys, Permits, Regulations 25. Separate Contracts 11. Protection of Work, Property, Persons 26. Subcontracting 12. Supervision by Contractor 27. Engineer's Authority 13. Changes in the Work 28. Land and Right -of -Way 14. Changes in Contract Price 29. Guaranty 15. Time for Completion and Liquidated 30. Arbitration Damages 31. Taxes 16. Correction of Work 1. DEFINITIONS 1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall have the meanings indicated and shall be applicable to both the singular and plural thereof: 1.2 ADDENDA - Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications, or corrections. 1.3 BID - The offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK to be performed. 1.4 BIDDER - Any person, firm or corporation submitting a BID for the WORK. 1.5 BONDS Bid, Performance, and Payment Bonds and other instruments of surety, furnished by the CONTRACTOR authorizing an addition, deletion, or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME. 1.6 CHANGE ORDER - A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME. L-1 0 f • 9 1.7 1.8 r a I F a Fl I I- I I L L L o. 4. {. Y CONTRACT DOCUMENTS - The contract, including Instructions to BIDDERS, BID, Agreement, Payment BOND, Performance BOND, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDER, GENERAL CONDITIONS, SPECIAL INSTRUCTIONS, - SPECIAL CONDITIONS, TECHNICAL SPECIFICATIONS, DRAWINGS, ATTACHMENTS, AND ADDENDA. CONTRACT PRICE - The total monies payable to the CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS. 1.9 CONTRACT TIME - The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK. 1.10 CONTRACTOR - The person, firm, or corporation with whom the OWNER has executed the Agreement. ,1.11 DRAWINGS The parts of the CONTRACT DOCUMENTS which show the characteristics and scope of the WORK to be performed and which have been prepared or approved by the ENGINEER. 1.12 ENGINEER - The person, firm, or corporation named as such in the CONTRACT DOCUMENTS. 1.13 FIELD ORDER - A written order effecting a change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction. 1.14 NOTICE OF AWARD - The written notice of the acceptance of the BID from the OWNER to the successful BIDDER. 1.15 NOTICE TO PROCEED - Written communication issued by the OWNER to the CONTRACTOR authorizing him/her to proceed with the WORK and establishing the date for commencement of the WORK. 1.16 OWNER - A public or quasi -public body or authority, corporation, association, partnership, or an individual for whom the WORK is to be performed. 1.17 PROJECT -The undertaking to be performed as provided in the CONTRACT DOCUMENTS. 1.18 RESIDENT PROJECT ENGINEER - the authorized representative of the OWNER who is assigned to the PROJECT site or any part thereof. 1.19 SHOP DRAWINGS All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, supplier, or distributor, which illustrate how specific portions of the WORK shall be fabricated or installed. L-2 t y K - I T 1.20 SPECIFICATIONS A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship. 1.21 SUBCONTRACTOR - An individual, firm, or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the WORK at the site. 1.22 SUBSTANTIAL COMPLETION - That date certified by the ENGINEER when the construction of the PROJECT or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCUMENTS, so that the PROJECT or specified part can be utilized for the purposes for which it is intended. `1.23 SUPPLEMENTAL GENERAL CONDITIONS - Modifications to General Conditions required by a Federal agency for participation in the PROJECT and approved by the agency in writing prior .to inclusion in the CONTRACT DOCUMENTS, or such requirements that may be imposed by applicable state laws. 1.24 SUPPLIER - Any person or organization who supplies materials or equipment for the WORK, including that fabricated to a special design, but who does not perform labor at the site. 1.25 WORK - All labor necessary to produce the construction required by the CONTRACT DOCUMENTS, and all materials and equipment incorporated or to be incorporated in the PROJECT. 1.26 WRITTEN NOTICE - Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the 'service thereof completed, when posted by certified or registered mail to the said party at their last given address, or delivered in person to said party or their authorized representative on the WORK. 2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS 2.1. The CONTRACTOR may be furnished additional instructions and detail drawings, by the ENGINEER, as necessary to carry out the WORK required by the CONTRACT DOCUMENTS. 2.2 The additional drawings and instructions thus supplied will become a part of the CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK in accordance with _the additional detail drawings and instructions. 3. SCHEDULES, REPORTS, AND RECORDS 3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data where applicable as are required by the CONTRACT DOCUMENTS for the WORK to be performed. L-3 j• i r 3.2 Prior to the first partial payment estimate the CONTRACTOR shall submit construction progress schedules showings the order in which the CONTRACTOR proposes to carry on the WORK, including dates at which the various parts of the WORK will be started, estimateddate of f completion of each part and, as applicable: 3.2.1 The dates at which special detail drawings will be required; and 3.2.2 Respective dates for submission of SHOP DRAWINGS, the beginning of manufacture, the testing and the installation of material, supplies and equipment. 3.3 The CONTRACTOR shall also submit a schedule of payments that the CONTRACTOR anticipates will be earned during the course.of the WORK. 4. 4.1 a { 4.2 I L L oM] 4 5. DRAWINGS AND SPECIFICATIONS The intent of the DRAWINGS and SPECIFICATIONS is.that the CONTRACTOR shall furnish all labor, materials, -tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT DOCUMENTS and all incidental work necessary to complete the PROJECT in an acceptable manner, ready for use, occupancy or operation by the OWNER. In case of conflict between the DRAWINGS and SPECIFICATIONS, the SPECIFICATIONS shall govern. Figure dimensions on DRAWINGS shall govern over general DRAWINGS. Any discrepancies found between the DRAWINGS and SPECIFICATIONS and site conditions or any inconsistencies or ambiguities in the DRAWINGS or SPECIFICATIONS shall be immediately reported to the ENGINEER, in writing, who shall promptly correct such inconsistencies or ambiguities in writing.. WORK done by the CONTRACTOR after discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR's risk. SHOP DRAWINGS 5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the prosecution of the WORK as required by the CONTRACT DOCUMENTS. The ENGINEER shall promptly review all SHOP DRAWINGS. The ENGINEER'S approval of any SHOP DRAWING shall not release the CONTRACTOR from responsibility for deviations from the CONTRACT DOCUMENTS. The . approval of any SHOP DRAWING which substantially deviates from the requirements of the CONTRACT DOCUMENTS shall be evidenced by a CHANGE ORDER. L-4 f i i' F F 5.2 When submitted for the ENGINEER'S review, SHOP DRAWINGS shall bear the CONTRACTORS'S certification that he has reviewed, checked and approved ■ the SHOP DRAWINGS and that they are in conformance with the requirements of the CONTRACT DOCUMENTS. 5.3 Portions of the WORK requiring a SHOP DRAWING or sample submission shall not begin until the SHOP DRAWING or submission has been approved by the ENGINEER. A copy of each approved SHOP DRAWING and each approved sample shall be kept in good order by the CONTRACTOR -.at the site and shall be available to the ENGINEER. 6. MATERIALS, SERVICES AND FACILITIES 6.1 It is understood that, except as otherwise specifically stated in the CONTRACT DOCUMENTS, the CONTRACTOR shall provide the pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any 'nature,. and .all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the WORK within the specified time.. 6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK. Stored materials and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspection. 6.3 Manufactured articles, materials, and equipments shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 6.4 Materials, supplies, and equipment shall begin accordance with samples submitted by the CONTRACTOR and approved by the ENGINEER. 6.5 Materials, supplies, or equipment to be incorporated into the WORK shall not be purchased by the CONTRACTOR or the SUBCONTRACTOR subject _ to a chattel mortgage or under a conditional sale contract or other � agreement by which an interest is retained by the Seller. 7. INSPECTION AND TESTING 7.1 All materials and equipment used in the construction of the PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS. 7.2 The OWNER shall provide all inspection and testing services not required by the CONTRACT DOCUMENTS. 7.3 The CONTRACTOR shall provide at the CONTRACTOR'S expense the testing and inspection services required by the CONTRACT DOCUMENTS. L-5 I R I 7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing or approval.. 7.5 Inspections, tests, or approvals•by the engineer or others shall not relieve the CONTRACTOR from the obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS. 7.6 The ENGINEER and the ENGINEER'S representatives will at all times have access to the WORK. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records of personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide proper facilities for such access and observation of the WORK and also for any inspection or testing thereof. 7.7 If any WORK is covered contrary to the written instructions of the ENGINEER it must, if requested by the ENGINEER, be uncovered for the ENGINEER'S observation and replaced at the CONTRACTOR'S expense. 7.8 If the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested by other, the CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation, inspection or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure,observation, inspection and testing and of satisfactory reconstruction, if however, such WORK is not found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly • attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate CHANGE ORDER shall be issued. 8. IS.UBSTITUTIONS 8.1 Whenever a material, article, or piece of equipment is identified on the DRAWINGS or SPECIFICATIONS by reference to brand name or catalogue numbers, it shall be understood that this is referenced for the `` purpose of defining the performance or other salient requirements and that other producers of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a H.. L-6 Ar material, article, or piece of equipment of equal substance and function for those referred to in the CONTRACT DOCUMENTS by reference to brand name or catalogue number, and if, in the opinion of the ENGINEER, such material, article, or piece of equipment is of equal substance and function to that specified, the ENGINEERS may approve its substitution and use by the CONTRACTOR. Any cost differential shall be deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall be appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that is substitutes are approved, no major changes in the function or general design of the PROJECT will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME. 9. PATENTS 9.1 The CONTRACTOR shall pay all applicable royalties and license fees, and shall defend all suits or claims for infringement of any patent rights and save the OWNER harmless from loss on account thereof, except that the OWNER shall be responsible for any such loss when a particular manufacturer or manufacturers is specified, however, if the CONTRACTOR has reason to believe that the design, process or product specified is an infringement of a patent, the CONTRACTOR shall be responsible for such loss unless the CONTRACTOR promptly gives such information to the ENGINEER. 10. SURVEYS, PERMITS, REGULATIONS 10..1 The OWNER shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the WORK together with a suitable number of bench marks adjacent to the WORK as shown in the CONTRACT DOCUMENTS. From the information provided by'the.OWNER, unless otherwise specified in the CONTRACT DOCUMENTS, the CONTRACTOR shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pipe locations and other working points, lines, elevations and cut sheets. 10.2 The CONTRACTOR shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance. 10.3 Permits and licenses of a temporary nature necessary for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR unless otherwise stated in the SUPPLEMENTAL GENERAL CONDITIONS. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid L-7 _ r I t -1 S � • H for by the OWNER, unless otherwise specified. The CONTRACTOR shall 3 give all notices and comply with all laws, ordinances, rules and regulations bearing onthe conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, the CONTRACTOR -shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in 1 Section 13, CHANGES IN THE WORK. 11. PROTECTION OR WORK, PROPERTY, AND PERSONS 11.1 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the WORK. The CONTRACTOR will take all necessary precautions for safety of, will provide the necessary' precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all. materials or equipment to be incorporated therein, whether in storage or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways structures and utilities not designated for removal, relocation or replacement in the course of construction. 11.2 The CONTRACTOR will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. The CONTRACTOR will erect and maintain, as required by the conditions and progress of the WORK, all necessary safeguards for safety and protection. The CONTRACTOR will notify owners of adjacent utilities when prosecution of the WORK may affect them. The owners of adjacent utilities when prosecution of the WORK may affect them. The CONTRACTOR will remedy all damage, injury or loss to any property L caused, directly or indirectly employed by any of them or anyone of whose acts any of them be liable, except damage or loss attributable to the fault of the CONTRACT DOCUMENTS or to the acts or omissions of the OWNER, of the ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR. 11.3 In emergencies affecting the safety of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instructions or authorization from the ENGINEER or OWNER, shall act to prevent threatened damage, injury, or loss. The CONTRACTOR will give L the ENGINEER prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE ORDER shall thereupon be issued covering the changes and deviations involved. 12. SUPERVISION BY CONTRACTOR L L L-8 g ,. G 3 i i 12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR will employ and maintain on the WORK a qualified supervisor or superintendent who shall have been .designated in writing by the CONTRACTOR as the CONTRACTOR'S :c: :.representative at the site. The supervisor shall have full authority • to act on behalf of the CONTRACTOR and. all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the site at all time as required to perform adequate supervision and coordination of the WORK. 13. CHANGES IN WORK 13.1 The OWNER may at any time,as the need arises, order changes within the scope of the WORK-withoutinvalidating the Agreement. If such changes increase or decrease the amount due under the CONTRACT r DOCUMENTS, or in the ;time required for performance of the WORK, an t equitable adjustment shall be authorized by CHANGE ORDER, j - 13.2I The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make changes in the details of the WORK. The CONTRACTOR shall proceed with the performance of any changes in the WORK so ordered by the ENGINEER unless the CONTRACTOR believes that such FIELD ORDER entitles the CONTRACTOR to a change in CONTRACT PRICE or TIME, or both, in which event the CONTRACTOR shall give the ENGINEER WRITTEN NOTICE thereof °within seven (7) days after the receipt of the ordered change. Thereafter the CONTRACTOR shall document the basis for the change in CONTRACT PRICE or TIME within thirty (30) days. The CONTRACTOR shall - not execute such changes pending the receipt of an executed CHANGE L:ORDER or further instruction from the OWNER. 14. CHANGES IN CONTRACT PRICE -. I 14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value. of any WORK covered by a CHANGE ORDER or of any claim for increase or decrease in the CONTRACT Price shall be determined by one or more of the following methods in the order of precedence listed below: (a) Unit prices previously approved. (b) An agreed lump sum. f 15 I. I- L L L L L ' - e TIME FOR COMPLETION AND LIQUIDATED DAMAGES 15.1 The date of beginning and the time for completion of the WORK are essential conditions of the CONTRACT DOCUMENTS and the WORK embraced shall be commenced on a date specified in a written NOTICE TO PROCEED. 15.2 The CONTRACTOR will proceed with the WORK at such a rate of progress to insure full completion within the CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the CONTRACT TIME for the completion of the WORK described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the WORK. 15.3 If the CONTRACTOR sha: TIME, or extension of will pay to the OWNER in the BID for each default after the time 1 fail to complete the WORK within the CONTACT time granted by the OWNER, then the CONTRACTOR the amount for liquidated damages as specified calendar day that. the CONTRACTOR shall be in stipulated in the CONTRACT DOCUMENTS. - 15.4 The CONTRACTOR, shall not be charged with Liquidated damages or any excess cost when the delay •in completion of the WORK is due to the following and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the OWNER or ENGINEER. 15.4.1 To any preference, priority or allocation order duly issued by the OWNER.. -- 15.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, or of the public enemy, acts of the OWNER, acts of another CONTRACTOR in their performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and 15.4.3 To any delays of SUBCONTRACTORs occasioned by any of the causes specified in paragraphs 15.4.1 and 15.4.2 of this article. 16. CORRECTION OF WORK 16.1 The CONTRACTOR shall promptly remove from the premises all WORK rejected by the ENGINEER for failure to comply with the CONTRACT DOCUMENTS, whether incorporated in the construction.or not, and the CONTRACTOR shall promptly replace and reexecute the WORK in accordance • with the CONTRACT DOCUMENTS and without expense to the OWNER and shall bear the expense of making good all WORK of other CONTRACTORS • destroyed .or damaged by such removal or replacement. 16.2 All removal and replacement WORK shall be done at the CONTRACTOR'S expense. If the CONTRACTOR does not take action to remove such L-10 S • • • Y ' 6 ft I rejected WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNER may remove such WORK and store the materials at the expense of the CONTRACTOR. • 17. SUBSURFACE CONDITIONS -17.1 The CONTRACTOR shall promptly, and before such conditions are disturbed, except in the event of any emergency, notify the OWNER by WRITTEN NOTICE of: 17.1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the CONTRACT DOCUMENTS; or 17.1.2 Unknown physical conditions at the site, of an unusual- nature, differing materially from those ordinarily encountered and generally recognized as inherent in WORK of the character provided for in the CONTRACT DOCUMENTS. -17.2 The OWNER shall promptly investigate the conditions, and if it found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the WORK, an equitable adjustment shall be made and the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the CONTRACTOR for adjustment hereunder shall not be allowed unless the required WRITTEN NOTICE has been given; provided that the OWNER may, • if the OWNER determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. 18. SUSPENSION OF WORK, TERMINATION, AND DELAY 18.1 The OWNER may suspend the WORK or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the ENGINEER which shall fix the date on which WORK shall he resumed. The CONTRACTOR will resume that WORK on the date so fixed. The CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to any suspension. 18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of its property, or if CONTRACTOR files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws; or repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or repeatedly fails to make prompt payments to SUBCONTRACTOR or for labor, materials or equipment or disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the WORK or disregards the authority of the ENGINEER, or otherwise violates any provision of the CONTRACT DOCUMENTS, then the OWNER may, without prejudice to any other right or remedy and after giving the CONTRACTOR and its surety a minimum of ten (10) days from delivery of a WRITTEN NOTICE, terminate L-11 s 3 I F F ' , L • the services of the CONTRACTOR and take possession of the PROJECT and • of all materials,, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the WORK by whatever method the OWNER may deem expedient. 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 • exceeds the direct and indirect costs of completing the PROJECT, including compensation for additional services, such excess SHALL BE • PAID TO THE CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the OWNER. Such costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a CHANGE ORDER. 18.3 Where the CONTRACTOR'S services have been so terminated by the OWNER, said terminations shall not affect any right of the OWNER against the • CONTRACTOR then existing or which may thereafter accrue. Any retention payment of -monies by •the OWNER due the CONTRACTOR will not release from compliance with the CONTRACT -DOCUMENTS. 18.4 After ten. (10) days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the ENGINEER, the OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the CONTRACT. In such case the CONTRACTOR shall be paid for all WORK executed and any expense sustained plus reasonable profit. 18.5 If, through no act or fault of the CONTRACTOR, the WORK is suspended for a period of more than ninety (90) days by the OWNER or under an order of court or other public authority, or the ENGINEER fails to act • on any request for payment I within thirty (30) days after it is submitted, or the OWNER fails to pay the CONTRACTOR substantially the sum approved by the ENGINEER or awarded by arbitrators within thirty (30) days of its approval and presentation, then the CONTRACTOR may, after ten (10) days from delivery of a WRITTEN NOTICE to the OWNER and the ENGINEER terminate the CONTRACT and recover from the OWNER payment for all WORK executed and all expenses sustained. In addition and in lieu of terminating the CONTRACT, if the ENGINEER has failed to act on } a request for payment or if the OWNER has failed to make any payment L as aforesaid, the CONTRACTOR may upon ten (10) days written notice to ] the OWNER and the ENGINEER stop the WORK until paid all amounts then L due, in which event and upon resumption of. the WORK CHANGE ORDERS shall be issued for. adjusting the CONTRACT PRICE or extending the CONTRACT TIME or both to compensate for the costs and delays attributable to the stoppage of the WORK. • 18.6 If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a result of a failure of the OWNER or ENGINEER to act within a reasonable time, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, shall be made by CHANGE ORDER to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the OWNER or ENGINEER. L-12 19. PAYMENT TO CONTRACTOR 19.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the. ENGINEER a partial payment estimate filled out and signed by the CONTRACTOR covering the WORK performed during the period covered by • the partial payment estimated and supported by such data as the • ENGINEER may reasonably require. If payment is requested on the basis Hof materials and equipment not incorporated in the WORK but delivered and suitably stored at or near the site, the partial payment estimate • shall alsobe accompanied by such supporting data, satisfactory to the OWNER, as will establish the OWNER'S title to the material and equipment and protect the OWNER'S interest therein, including applicable insurance. The ENGINEER will, within ten (10) days after receipt of each partial payment estimate, either indicate in writing approval of payment, and present the partial payment estimate to the • OWNER, or return the partial payment estimate to the CONTRACTOR indicating in writing the reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections an resubmit the partial payment estimate. The OWNER will, within ten (10) days of presentation of an approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate less the retainage. The retainage shall be an amount equal to 10% of said estimate until 50% of the work has been • completed. At 50% completion, further partial payments shall be made in full to the CONTRACTOR and no additional amounts may be retained unless the ENGINEER certified that the job is not proceeding satisfactorily, but amounts previously retained shall not be paid to the CONTRACTOR. When the WORK has been substantially completed except for WORK which cannot be completed because of weather conditions, lack of materials, or other reasons which in the judgement of the OWNER are valid reasons for noncompletion, the OWNER may make additional • payments, retaining at all time an amount sufficient to cover the estimated cost of the WORK still to be completed. 19.2 The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site. 19.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the approval of the ENGINEER and with the concurrence of the CONTRACTOR, may use any completed or substantially completed portions of the WORK. Such use shall not constitute an acceptance of such portions of the WORK. 19.4 The OWNER shall have the right to enter the premises for the purpose of doing work not covered by the CONTRACT DOCUMENTS. This provision shall not be construed as relieving the CONTRACTOR of the sole. responsibility for the care and protection of the WORK, or the restoration of any damaged WORK except such as may be caused by agents or employees of the OWNER. L-13 El 19.5 Upon completion and acceptance of the WORK, the ENGINEER shall issue a certificate attached to the final payment request that the WORK has been -accepted under the conditions of the CONTRACT, DOCUMENTS. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR within thirty (30) days of • completion and acceptance of the WORK. 19.6 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents harmless from all claims growing out of the lawful demand of SUBCONTRACTORS, laborers, workmen, mechanics, materialmen, and 4 furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the WORK. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all.liabilities • have been fully discharged whereupon payment to the CONTRACTOR shall be resumed in accordance with the terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR, the CONTRACTOR'S Surety, or. any third party. In paying any unpaid bills of the CONTRACTOR, any payment so made by the OWNER shall be considered as a payment made under the CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. 19.7 If the OWNER fails to make payment thirty (30) days after approval by the ENGINEER, in addition to other remedies available to the CONTRACTOR, there shall be added to each such payment interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the CONTRACTOR. 20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE ii 20.1 The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically expected by the CONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the Owner and other related to arising out of this WORK. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the CONTRACT DOCUMENTS or i the Performance and Payment BONDS. 21. INSURANCE 21.1 The CONTRACTOR shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of, or L-14 I i l . result from, the CONTRACTOR'S execution of the WORK, whether such • execution by the CONTRACTOR, any SUBCONTRACTOR, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any • of them may be liable. 21.1.1 Claims under workmen's compensation, similar employee benefit acts; 21.1.2 Claims for damages because of bodily or disease, or death of employees; disability benefit and other I injury, occupational sickness 21.1.3 Claims for damages because'of bodily injury, sickness or disease, or death of any person other than employees; 21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or (2) by any other person; and '21.1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 21.2 Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the WORK. These Certificates shall contain a provision that coverages afforded under the policies will not be cancelled unless at least fifteen (15) days prior WRITTEN NOTICE has been given to the OWNER. 21.3 The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own expense during the CONTRACT TIME, liability insurance as hereinafter specified: 21.3.1 CONTRACTOR'S General Public Liability and Property Damage Insurance including vehicle coverage issued to the CONTRACTOR and protecting the CONTRACTOR from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS, whether such operations be by the CONTRACTOR or by any SUBCONTRACTOR employed by the CONTRACTOR or anyone directly or indirectly employed by the CONTRACTOR or by a SUBCONTRACTOR employed by the CONTRACTOR. Insurance shall be written with a limit of liability of not less than $500,000.00 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $500,000 aggregate for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less the $200,000.00 for all property damage sustained by two or more persons in any one accident. - 21.3.2 the CONTRACTOR shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the PROJECT to the full insurable L-15 a �a. N value thereof for the benefit of the OWNER, the CONTRACTOR, and SUBCONTRACTORS as their interest may appear. This provision shall in no way release the CONTRACTOR or CONTRACTOR'S surety from obligations under the CONTRACT DOCUMENTS to fully complete. the PROJECT. F r i 4 L L 21.4 The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own expense, during the CONTRACT TIME, in accordance with the provisions of the laws of the state in which the WORK is performed, Workmen's ' Compensation Insurance, including occupational disease provisions, for all of the CONTRACTOR'S employees at the site of the PROJECT and in case any WORK is sublet, the CONTRACTOR shall require such SUBCONTRACTOR similarly to provide Workmen's Compensation Insurance, including occupational disease provisions for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. In case any class of employees engaged in hazardous work under this contract at the site of the PROJECT is not protected under Workmen's Compensation statue, the CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to provide, adequate and suitable insurance for the protection of its employees not otherwise protected. - 21.5 The CONTRACTOR shall secure, if applicable, "all Risk' type Builder's Insurance for WORK to be performed. Unless specifically authorized by the OWNER, the amount of such insurance shall not be less than the CONTRACT PRICE totaled in the BID. The policy shall cover not less than the losses due to fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke during the CONTRACT TIME, and until the WORK is accepted by the OWNER. The policy shall name as the insured the CONTRACTOR, and the OWNER. 22. CONTRACT SECURITY 22.1 The CONTRACTOR shall within ten (10) days after the receipt. of a Written NOTICE OF AWARD furnish the OWNER with a Performance BOND and a payment BOND in penal sums equal to the amount of the CONTRACT PRICE, conditioned upon the performance by the CONTRACTOR -of all undertakings, covenants, terms, conditions and agreements of the CONTRACT DOCUMENTS, and upon the prompt payment by the CONTRACTOR to all persons supplying labor and materials in the prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such BONDS shall be executed by the CONTRACTOR and a corporate bonding company licensed to transact such business in the state in which the WORK is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these BONDS shall be borne by the CONTRACTOR. If any time a surety on any such BOND is declared a bankrupt or loses its • right to do business in the state in which the WORK is to be performed • or is removed from the list of "Surety Companies Acceptable on Federal • Bonds••, the CONTRACTOR shall within ten (10) days after notice from the OWNER to do so, substitute an acceptable BOND (or BONDS) in such form and sum and signed by such other surety or sureties as may be L-16 satisfactory to as may be satisfactory to the OWNER. The premiums on such BOND shall be paid by the CONTRACTOR. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable BOND to the OWNER. 23. ASSIGNMENTS 23.1 Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign, or otherwise dispose of the CONTRACT or any portion thereof, or of any right, title or interest therein, or any obligation thereunder, without written consent of the other party.. 24. INDEMNIFICATION 24.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the ENGINEER and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the WORK, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the CONTRACTOR, and SUBCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 24.2 In any and all claims against the OWNER or the ENGINEER, or any of their agents or employees, by any employee of the CONTRACTOR, any SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in .any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any SUBCONTRACTOR under workmen's compensation acts, disability benefit acts or other employee benefits acts. 24.3 The obligation of the CONTRACTOR under this paragraph shall not exceed to the liability of the ENGINEER, its agents or employees arising out of the preparation or approval of maps, DRAWINGS, opinions, reports, surveys, CHANGE ORDERS, designs or SPECIFICATIONS. 25. SEPARATE CONTRACTS 25.1 The OWNER reserves the right to let other contracts in connection with this PROJECT. 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 the WORK with theirs. If the proper execution or results of any part of the CONTRACTOR'S WORK depends upon the WORK of any other CONTRACTOR, the CONTRACTOR shall inspect and promptly report to the ENGINEER any defects in such WORK that render it unsuitable for such proper execution and results. L-17 1- • 1 IJ ry Y a a I I I I i 25.2 The OWNER may perform additional WORK related to the PROJECT or the OWNER may let other contracts containing provisions similar to these. The .CONTRACTOR will afford the other CONTRACTORS who are parties to such Contracts (or the OWNER if the OWNER. if performing the additional. WORK) reasonable opportunity for the introduction and storage of materials and equipment and the execution of WORK, and shall properly connect and coordinate the WORK with others. 25.3 If the performance of additional WORK by other CONTRACTOR or the OWNER is not noted in the CONTRACT DOCUMENTS prior to the execution of the CONTRACT, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional WORK. If the CONTRACTOR believes that the performance of such.additional WORK by the OWNER or other involves in it additional expense or entitles it to an extension of the CONTRACT TIME, the CONTRACTOR may make a claim thereof as provided in Section 14 and 15. 26. SUBCONTRACTING 26.1 The CONTRACTOR may utilize the services of specialty SUBCONTRACTS on those parts of the WORK which, under normal contracting practices, are performed by specialty SUBCONTRACTORS. 26.2 The CONTRACTOR shall not award WORK to SUBCONTRACTOR(S), in excess of fifty (50%) percent of the CONTRACT PRICE, without prior written approval of the OWNER. 26.3 The CONTRACTOR shall be fully responsible to the OWNER for the acts and omissions of its SUBCONTRACTORS, and of persons either directly or U indirectly employed by the, as the CONTRACTOR is for the acts and omissions of persons directly employed by it. 26.4 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the WORK to bind SUBCONTRACTORS to the CONTRACTOR by the terms of the CONTRACT DOCUMENTS insofar as applicable to the WORK of SUBCONTRACTORS and give the CONTRACTOR the L same power as regards terminating any subcontract that the owner may. exercise over the CONTRACTOR under any provision of the CONTRACT DOCUMENTS. • 26.5 Nothing containing in this CONTRACT shall create any contractual relation between any SUBCONTRACTOR and the OWNER. 27. ENGINEER'S AUTHORITY - 27.1 The ENGINEER shall act as the OWNER'S representative during the construction period, shall decide questions which may arise as to quality and acceptability of materials furnished and WORK performed,' and shall interpret the intent of the CONTRACT DOCUMENTS in a fair and unbiased manner. The ENGINEER will make visits to the site and determine if the WORK is proceeding in accordance with the CONTRACT DOCUMENTS. L-18 f L 1 i + 27.2 The CONTRACTOR will be held strictly to the intent DOCUMENTS in regard to the quality of materials, execution of the WORK. Inspections may be at fabrication plant of the source of material supply. of the CONTRACT workmanship, and the factory or 27.3 The ENGINEER will not •be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. 27.4 The ENGINEER shall promptly make decisions relative to interpretation of the CONTRACT DOCUMENTS. 28. LAND AND RIGHTS -OF -WAY 28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all land and rights -of -way necessary for carrying out and for the completion of the WORK to be performed pursuant to the CONTRACT DOCUMENTS, unless otherwise mutually agreed. I 28.2 The OWNER shall provide to the CONTRACTOR information which delineates and describes the lands owned and rights -of -way acquired. 28.3 The CONTRACTOR shall provide at its own expense and without liability to the OWNER any additional land and access thereto that the CONTRACTOR may desire for temporary construction facilities, or for storage of materials. 29. GUARANTEE 29.1 The CONTRACTOR shall guarantee all materials and equipment furnished and WORK performed for a period of one (1) year from the date of SUBSTANTIAL COMPLETION. The CONTRACTOR warrants and guarantees for a period of one (1) year from the date of SUBSTANTIAL COMPLETION of the system that the completed system is free from all defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of such defects including the repairs of the damage of other parts of the system resulting from such defects. The OWNER will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs, adjustments, or other WORK that may be made necessary by such defects, the OWNER may do so and charge the CONTRACTOR the cost thereby incurred. The Performance BOND shall remain in full force and effect through the guarantee period. 30. ARBITRATION 30.1 All claims, disputes, and other matters in question arising out of, or • relating to, the CONTRACT DOCUMENTS or the breach thereof, except for claims which have been waived by the making an acceptance of final payment as provided by Section 20, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the y°:. ,American Arbitration Association. This agreement to arbitrate shall L-19 - I I f t, be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof. 30.2 Notice of the demand for arbitration shall be filed in writing with the owner party to the CONTRACT DOCUMENTS and with the American Arbitration Association, and a copy shall be filed with ENGINEER. Demand for arbitration shall in no event be made on any claim, dispute, or other matter in question which would be. barred by the applicable statute of limitations. 30.3 The CONTRACTOR will carry on the WORK and maintain the progress schedule during any arbitration proceedings, unless otherwise mutually agreed in writing. 31. TAXES 31.1 The CONTRACTOR will pay all sales, consumer, use, and other similar taxes required by the laws of the place where the WORK is performed. t • ,. SPECIAL CONDITIONS DESCRIPTION OF WORK SC -01. SCOPE The purpose and intent of these specifications and the accompanying drawings is to provide for -the furnishing of all materials, equipment, transportation, tools, labor, etc.., and all other services necessary for the prosecution and completion of the work to construct and place in operation SANITARY SEWER COLLECTION MAINS and Community Service Lines in accordance to the Plans and ,Specifications. The SANITARY SEWER REHABILITATION PROJECT is to replace worn or malfunctioning collection systems at several different sites, to reconnect the existing service laterals to the new main, and to take out of operation the worn or malfunctioning main. . SC -02. DRAWINGS Drawings, also referred to accompanying these specifications Cover Sheet 1-7 8-10 11 as the plans, which pertain to the work consist of the following: DESCRIPTION Index to Sheets Plans Profiles Details SC -03. SPECIAL CONSTRUCTION CONDITIONS Due to the location of the work, special provisions must be made to minimize the inconvenience to owners of adjacent property and to allow for the flow of the traffic and access to homes, and/or business the time of construction. The Contractor shall adhere to the following conditions: A. Materials The Contractor shall make arrangements at his own expense for the unloading and storing of materials at an approved location until needed for/during installation. The quantity of pipe strung trenchside in advance of laying pipe shall at no time exceed ten (10) times the Contractor's daily laying rate as determined by the Engineer. Under no circumstances will pipe placed on the jobsite obstruct driveways or streets or be placed with three (3) feet of the pavement of streets or highways. The Contractor shall provide and maintain approved barricades, warning lights, and guards necessary, as required by any and all applicable regulations for the protection of the public. He will coordinate the work with the Department of Transportation where State roads are involved. SC -1 B. Confinement of Operations All construction operations by the Contractor shall be confined to public rights -of -way or easements secured by the Owner for this work. :;No equipment moving, parking, material storage, etc., shall be permitted on ,private property without the property owner's consent in writing. C. Backfillinq and Cleanup The Contractor will provide for backfilling and cleanup as close behind the pipe -laying operation as possible, and only at the -direction of the Engineer will more than two hundred fifty (250) feet of pipe be exposed in open trench. All structures disturbed as a result of trenching, laying,. or other operation connection with the work under this contract shall be restored. SC -04. SEQUENCE OF THE WORK The work shall be carried on as desired by the Contractor, subject to the Approval of the Engineer and Owner. Immediately after execution and delivery of the contract, and before the first partial payment is made, the Contractor shall deliver to the Engineer an estimated construction progress schedule in form satisfactory to the Engineer, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents. SC -05. MAINTENANCE OF TRAFFIC Unless otherwise provided, the road while undergoing improvements shall be kept open to all traffic by the Contractor. When approved by the Engineer and Owner, the Contractor may bypass traffic over an approved detour route. The Contractor shall keep the portion of the project being used by public traffic, whether it is through or local traffic, in such condition that will permit the safe, continuous flow of two-way traffic at all times. When approved by the Engineer, areas where the nature of the work restricts or prohibits two-way flow, one-way operation may be maintained by the use of flagmen or timed signalization. The Contractor shall also provide and maintain in a safe condition temporary approaches or crossings and intersection with trails, roads, streets, businesses, parking lots, residences, garages, and farms. The Contractor shall bear all expense of maintaining traffic over the section of road undergoing improvement and of constructing and maintaining such approaches, crossings, intersections, and other features as may be necessary without direct compensation. SC -06. LIMITATION OF OPERATIONS The Contractor shall conduct the work and in such sequence as will assure the least He shall have due regard to the location of _ for handling traffic. He shall not open detriment of work already started. The Engin at all times in such a manner interference with traffic. detours and to•the provisions up work to the prejudice or eer may require the Contractor to finish a section on which work is in. progress before work is started on any additional sections if the opening of such section is essential to public convenience. SC -2 L • p i 4, - i- F SC -07. UTILITY SERVICES Throughout the area to be improved there are located utility services, some of which may require possible relocation. it shall be the Contractor's responsibility to assist the owners of the various utilities in the locating of water mains and service lines and meters, gas mains and service lines and meters, and telephone and power lines that may require relocation. If in the opinion of the utility owner any of these facilities need relocation, then the relocation of same will be done by the owner of the utility. The Contractor shall cooperate with the owners of the various utilities during the relocation of facilities so that the owners of the utilities will have adequate time and working room to relocate the facilities. The Contractor will be responsible for the repairs or cost of repairs to any and all types of utility improvements that may be damaged by the Contractor's actions. SC -08. VERIFICATION OF CONDITIONS -- Data concerning surface features, present obstructions on- or near the construction site, and locations of pipes, wires, etc. has been obtained from sources the Engineer believes reliable, but accuracy of such data is not guaranteed and is furnished solely for the accommodation of the Contractor. Use of such data is made at the Contractor's risk and no additional allowance will be granted because of the Contractor's lack of knowledge of existing conditions. The Contractor shall be responsible for the verification of all measurements shown on the drawings and/or the new 'construction on the premises. SC -09. FIELD OFFICE AND SANITARY FACILITIES The Contractor will not be required to maintain a field office for himself or the Engineer, however, the Contractor or the person authorized 'to represent him, shall have available at all time copies of the Contract Documents. SC -10. EMERGENCY WORK The Contractor shall have an authorized representative available during all periods, day or night, when normal work operations are not in progress, who will be responsible for any emergency repairs due to settlement, barricades, lights, etc. The Contractor shall provide the name, address, and telephone number of this authorized representative in writing to the Engineer and the City of Fayetteville Water and Sewer Department prior to beginning any work on the project. SC -11. PAVEMENT REMOVAL AND REPLACEMENT Where surfaced streets, walks, drives, or parking areas are cut, removed, or damaged in the execution of the work, the Contractor shall replace all pavements or other surfacings so removed or damaged to their original, or better, state and condition, to the satisfaction and approval of the Engineer. SC -3 lA - 1 C1 SC -12. EASEMENTS ON PRIVATE PROPERTY The necessary permanent and temporary easements for the .,construction will be provided by the Owner. The Contractor shall be responsible for all damage to property outside of the boundaries of the easements and shall make satisfactory settlement for the damage directly with. the property owner and/or tenant involved, as their interests may require. If it is necessary or desirable that the Contractor use or occupy :land outside of the Owner's easements, the Contractor shall obtain consent .from and shall .execute a written: agreement with, the owner and tenant of .the land. Each owner and tenant of the land or other property so occupied shall be notified by the Contractor not less than five (5) days prior to such occupation. SC -13. REMOVAL AND DISPOSAL OF STRUCTURES The work shall consist of the removal and satisfactory disposal of curb and curb and gutter; Portland cement or asphaltic concrete driveways, parking areas, sidewalks and steps, and concrete pavement; existing fence, retaining walls, manholes, catch basins, and underground storage tanks; all of which are not designated or permitted to remain and are not designated • to be removed and disposed of under other sections of the specifications. _Salvaged materials will become the property of the Contractor. All surface items such as curb or curb and gutter, driveways, parking areas, walks, steps, pavement, and walls shall be separated or broken away from -the adjacent part of the structure designated to remain in place by a vertical cut along the line designated by the Engineer. The edge of the Structure left in place shall be approximately vertical with no abrupt changes in alignment. Any damage or removal of the structure designated to remain in place shall be repaired or replaced by the Contractor at his expense. The method of measurement of each item will be •in accordance with the units of measure hereinafter specified or as shown on the plans. If there is no contract unit price provided in the Proposal Form for a %particular item of work, it shall be considered subsidiary to other contract items. L SC -14. FENCE MOVED AND RECONSTRUCTED This item shall consist of moving and replacing existing fences, where shown on the plans or designated by the Engineer. This specification covers all types of fence moving and replacement, other than masonry or concrete. Posts and wire that are not in a condition to be moved shall be replaced by new material of equal or better quality of the type and size of the material replaced. 'Where posts are set in concrete, the fence shall be reconstructed in the same manner. Replacement material required shall be furnished by the Contractor and shall be satisfactory to the Engineer. SC -15. REMOVAL AND REPLACEMENT OF SIGNS, MAILBOXES, ETC. All signs, mailboxes, etc, which are in the street construction limits shall be removed and replaced behind the proposed curb and gutter by the Owner so as not to interfere with the work. Temporary movable supports shall be furnished for mailboxes that cannot be placed in their final locations. I . SC -4 I SC -16. UNDERCUTS If unstable or unacceptable material in encountered during the preparation of the subgrade, the designated grade will be undercut as directed by the Engineer and suitable material placed in the undercut area. If .suitable material does not exist on the site, then borrow or SB-2 base material may be directed to beplacedin the undercut area by the Engineer. I SC -17. MANHOLES AND VALVE BOXES ADJUSTED. TO GRADE The Contractor shall adjust the top elevation and valve boxes •to coincide with the finished grade the placement of the asphalt concrete hot mix overlay. of existing manholes as established after .SC -18. CONSTRUCTION STAKES • Any stakes removed, destroyed, or lost by and through fault of the Contractor or any of his agents, employees, or subcontractors shall be replaced by the Engineer upon request of the -Contractor at the expense of the Contractor. SC -19. CLEANUP All work within the construction area shall be cleaned up to the satisfaction of the Owner and the Engineer. In general, all rocks, trash or rubbish or any nature shall be removed from the site of the work. The new streets shall be swept clean of mud, dirt, and other materials. Special attention shall be given to the cleanup, smooth grading of the areas behind- the curbing and sidewalks, and replacing driveways to fit the new pavement grades. SC -20. FINAL INSPECTION AND PAYMENT Upon completion of the work, a Final Partial Payment Estimate will be prepared and approved for final payment after a final inspection of the work has been made. This inspection shall be made by the Engineer and the Contractor or Owner of the principal owners of the contracting firm. The final acceptance of the job and the payment to the Contractor in full will not reduce the continuing responsibility of the Contractor as set out in these specifications. t SC -5 I SPECIAL INSTRUCTIONS 1. WATER - The Contractor shall furnish, at his own expense, all water required in connection with the construction of this project. The Contractor shall furnish all facilities for securing, transporting, 'and storing the water required by him. The Contractor shall provide temporary' drinking water facilities for the convenient use of his employees. These facilities shall be in accordance with the Board of Health requirements and subject to the Engineer's approval. 2. WATCHMEN AND FLAGMEN - The Contractor shall, at all times from the t start of the work to the completion and acceptance of same, furnish • and maintain efficient watchmen to fully protect the premises, work, materials, tools, workmen, etc., during working hours and after working hours. 3 REMOVAL OF UTILITIES - Temporary utilities of all kinds shall be removed promptly after their use has been discontinued. 4. STORAGE AND USE OF PREMISES - Materials shall be stored so as to insure the preservation of their quality and fitness for the work. When considered necessary, they shall be placed on wood platforms and covered, or stored in a suitable building. Stored materials shall be located so as to facilitate prompt inspection. 5. EXPLOSIVES AND BLASTING - Explosives required for blasting shall be of } a suitable and acceptable character and the quantity kept on the job and the storage of same shall be in accordance with the State laws and the City ordinances. The magazine or locker shall be so constructed L as to be secure from theft and kept locked at all times with the key in possession of the Contractor or foreman. No explosives or caps shall be stored in the common tool box or within two hundred (200) feet of the nearest point of blasting. Proper appliances and equipment shall be used for thawing frozen dynamite and this shall not be done within two hundred (200) feet of work or any occupied building. All blasting operations shall be conducted with the greatest care and adequate means shall he taken to prevent damage or injury to property or persons. When working near dwellings, the Contractor shall provide suitable covering of heavy timbers to prevent the throwing of pieces • of rock. 6. LOCATIONS - The locations of pipe lines as shown on the drawings are approximate and are for general information only. Exact locations shall be determined by the contractor and Engineer's representative at the time actual work is started after due consideration of local conditions. The Engineer shall provide location of horizontal points of intersection as needed. The contractor shall provide actual construction staking. L SI-1 7. FIGURED DIMENSIONS - Figured Dimensions given in the Plans take precedent over scaled measurements and shall be accurately followed. !■ The Contractor shall verify such dimensions and be responsible for the correctness of same. Where dimensions are not figured, no work shall be performed until instructions are obtained from the Engineer as to -:dimensions to be used. Large scale and full size drawings shall be followed in preference to small scale drawings. No extra charge or compensation will be allowed on account of differences between figured dimensions and scaled measurements indicated in the Plans. USE OF COMPLETED WORK PRIOR TO FINAL ACCEPTANCE - The Owner shall have I 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 or -such portions may not have expired; but such taking possession and use shall not be deemed as acceptance of any work not completed in accordance with contract documents. If such prior use• increases the cost of or- delays the completion of uncompleted work or.`causes refinishing of completed work the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Engineer may determine. When such possession and use is deemed necessary by the Owner, written notice shall be given the Contractor ten (10) days prior to such action by the Owner, subject to the approval of the Engineer. 1 SI-2 1. SECTION 11 MANHOLE AND VALVE BOX REGRADING 11-01. RE -USE OF MANHOLE RINGS AND COVERS AND VALVE BOXES: The Contractor shall clean and re -use the existing manhole rings and covers and valve box frames, pipes, and covers. Manhole rings and covers and valve box frames, pipes, and covers damaged during raising and lowering or during construction shall be replaced by the contractor at Contractor's expense. 11-02. MANHOLE REGRADING: The ring and cover shall be brought to a level flush with the finished surface of the pavement by adjusting either up or down. Brick for manhole work shall conform to ASTM Designation C32, "Sewer Brick (made from Clay or Shale)", Grade SA. Concrete masonry units shall conform to ASTM Designation C139, "Concrete Masonry Units for Construction of Catch Basins and Manholes". Mortar shall be one part of cement to two parts of fine sand with lime allowed as an additional ingredient up to 25% volume of the cement. a. Raisinq of Sewer Manholes: If ring and cover is not to be raised enough so that one brick course can be used, then grout with a 28 -day compressive strength of 3,000 psi, or concrete with a small size aggregate and the same com- pressive strength, shall be used. After the brick coursing, grout or concrete leveling is performed and the manhole frame is to an elevation to match the finished surface, a 12 -inch wide concrete collar with vertical sides to the cone as shown on the drawings shall be provided around the outside of the frame, with the finished surface of the concrete collar one inch below the finished surface. Concrete shall attain a strength of 3,000 psi at 28 days and shall be cured by use of an approved curing compound. Bituminous base course shall be cut for collar installation. Surface course shall not be laid until completion of con- crete collar plus a curing time of 24 hours. If ring and cover are to be raised 12 inches or more, the manhole cone shall be removed, the adjustment made in thebarrel, and the manhole cone rebuilt. A 3/4 inch Portland cement mortar (plaster) surface shall be applied on the inside and outside of the rebuilt surfaces, and shall be applied to existing adjacent surfaces where damaged. A concrete collar shall be constructed as described above. b. Lowerinq of Sewer Manholes: If a sewer manhole is to be lowered, other than a slight adjustment, the cone shall be removed, the adjustment taken up in the barrel, and the cone re -built. A 3/4" Portland cement mortar (plaster) surface shall be applied on the inside and outside of the rebuilt surfaces and shall be applied to existing adjacent surfaces where damaged. If a slight adjustment is to be made, a lowering of as much as the two brick courses may be made without disturbing the cone. A concrete collar shall be con- structed as described above. c. Backfill: In the areas of manholes and valve boxes special care in hand tamping backfill shall be used. One compaction test as a minimum shall be taken at each valve box and manhole and the compaction shall be 95% of AASHO T180, Modified Proctor. 11-03. VALVE BOX REGRADING: Valve boxes shall be adjusted to the level of the Jfinished street. All valve boxes shall be regraded in accordance with city standards. Ii The Contractor shall furnish and install bearing flanges on all water valve boxes not already equipped with bearing flanges. The distance between the bottom of the bearing flange and the top of the finished pavement shall be five and one -quarter inches. A five -inch thick concrete collar shall be.placed under the bearing flange in accordance with city standards. Where 14 -gauge corrugated metal pipe is to long, it shall, be cut to size by use of a cutting torch. Where pipe is too low and a longer pipe is required, the height may be adjusted slightly by raising the brick coursing at the bottom, or by replacing the pipe with a longer pipe, which will be furnished by the city if adjustment cannot be made with the existing pipe. A pipe will not be furnished to replace a pipe damaged by the Contractor due to his negligence. Such pipe will be re- placed by the Contractor at his own expense. All work necessary to accomplish a final, complete, valve box installation to grade shall be included in the contract unit price to which the work applies. 11-04. ACCESSIBILITY TO VALVES: The Contractor shall maintain accessibility to water valves at all times during construction. 11-2 r S r r } r A' I r 4 I I I I- L L L L L • SECTION 12 EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES '12-01: GENERAL: The work covered by this section of the specifications consists in trenching and backfilling for sanitary sewer, storm drain, and ,'.water lines. - • .12-02. EQUIPMENT: All equipment, tools, •r-formance of the work covered by this section subject to the approval of the Engineer, and • satisfactory working condition at all times. 12-03. . TRENCH EXCAVATION: and machines used in the per - of the specifications shall be shall be maintained in a a. General: The Contractor shall perform all excavation of every description and of whatever substances encountered, to the lines and grades indicated on the drawings or as otherwise directed by the Engineer. All -ex- cavated materials not required for fill or backfill shall be removed and -wasted as indicated on the drawings or as approved. All excavations shall be made by open cut. The banks of trenches shall be kept as nearly vertical as practicable and where required shall be properly sheeted and braced.. Except at locations where excavation of rock from the bottoms of trenches is required, care shall be taken not to excavate below the depths indicated on the drawings or specified herein. Where rock excavation is required, or where stones are encountered in the bottom of the trench that would create a concentrated pressure on the pipe, the rock or stones shall be removed to a depth of 6 inches minimum below the trench depths indicated on the drawings or specified. The overdepth rock excavation and all excess trench excavation shall be backfilled with loose, moist earth, sand, or fine gravel, thoroughly tamped. Whenever wet or otherwise unstable soil that is incapable of properly supporting the pipe is encountered in the trench bottom, such soil shall be removed to a depth required and for the lengths designated by the Engineer, and the trench backfilled to trench bottom grade, as hereinafter specified, with coarse sand or fine gravel. Trench excavation shall comprise the satisfactory removal and disposition of all materials. b. Grading and Stockinq: All grading in the vicinity of trench excavations shall be controlled to prevent surface ground water from flowing into the trenches. Any water accumulated.in the trenches shall be removed by pumping or by other approved method. During excavation, material suitable for backfilling shall be stacked in an orderly manner a sufficient distance back from edges of trenches to avoid overloading and prevent slides'or cave- ins. Material unsuitable for backfilling shall be wasted as approved. c. Shorinq, Bracinq, and Sheetinq: It shall be required that the Contractor, where necessary to protect adjacent improvements, keep the •iisides of the excavation as nearly vertical as possible by bracing, or steel sheet piling, unless otherwise ordered by the Engineer. Failure to properly brace and sheet trenches shall be the risk of the Contractor and any damage. incurred by reason of failure to shore, sheet or brace shall be restored or ••iccorrected at Contractor's expense. The contractor will not be reimbursed for • :;. ,:' 12-1 the replacement of curb and gutter, sidewalk, pavement, or other items or improvements that are damaged or fail due to his failure to provide proper bracing and sheeting. Sheeting and braceing shall not be removed after the pipe is laid or struc- tures built until sufficient backfill is in place to protect the pipe or • structure, and the adjacent street or alley surface and structures, from damage by caving. If, in the opinion of the Engineer, it becomes necessary or advisable to leave sheeting in place, he shall so direct the Contractor by written order. Sheeting left in place shall be cut off at a level not • less than one foot below the ground surface. Unless otherwise specified in the bid form, payment for shoring or sheeting left in place by order of the Engineer shall be at an agreed price which shall not be greater than the • actual material cost of new lumber, less depreciation, and the estimated cost of removal. • d. Blasting: Blasting will be allowed with the Engineer's permission only. e. Trench Widths: Trench widths at the level of the top of the =pipe shall not exceed the following and shall. be kept to the practical mini- • mum required for properly laying, aligning, grading; and jointing of the pipe. Trench widths at the level of the top of pipe shall not exceed the • following::. Diameter of Pipe Trench Iiidth 6" - 10" 27" 12" - 15" 33" f. Shaping Trench Bottoms: Trench shall be excavated to the depth required so as to provide a uniform and continuous bearing and support for the pipe on solid and undisturbed ground or on compact sand at every ..point between bell hales or depressions for joints as follows: (It will be permissible to disturb and otherwise damage the finished surface over a maximum length of 18 inches near the middle of each length of pipe by the withdrawal of pipe slings or other lifting tackle.) :The bottom of the trench shall be rounded so that the bottom for a width of 60 percent of the outside diameter of the pipe shall rest firmly on undis- ;turbed soil or on approximately two (2) inches of compact sand placed as a leveling layer and a cushion between the rounded bottom of excavation and ..the pipe. In case the bottom of the trench is sandy material (non -plastic), • the approximately two (2) inches of compact sand layer will not be required. In. rounding the bottom of the trench, a template shaped to match the bottom • of the pipe for the 60 percent width required shall be used to shape the trench bottom at the required grade. This part of the excavation and shaping shall be done manually only a few feet in advance of the pipe laying by men skilled in this type of work. In order to provide a uniform bearing on un-. disturbed soil or compact sand as described, it will be necessary to trench • -to within a few inches of the bottom of the pipe as it rests in final position 12-2 I3 I a F I I F I I L. L L Any part of the bottom of the trench be corrected with approved material, Engineer. Bell holes and depressions bottom has been graded and prepared.. S. excavated below the specified grade shall throughly compacted as directed by the for joints shall be dugafter the trench The Contractor shall follow procedures within these specifications and as approved by the Engineer which will result in a uniform support for the required widths of pipe so that the required grade will be held and so that subsequent settlement of pipe in place will not occur. ., g. Overexcavation: Should the, trench be excavated to a greater depth than required, it shall be filled to proper grade with dry sand or suitable finely divided earth and compacted to provide a solid bed for the pipe in accordance with the density requirements of these specifications. No extra payment will be made for such work, and if material fiom the trench is not satisfactory to the Engineer for the purpose, proper material shall be brought from other sources. h. Tunneling and Boring: In general, crossings under sidewalks, rail- road spur tracks, curbs and gutters, and other short obstructions shall be tunneled or bored. The tunnel shall not be larger than is necessary for the conduct of the work, and the roof shall be sloped from the ends toward the center at an angle of not less than thirty degrees in order to facilitate complete refilling from the open trench at the ends. Backfilling shall be placed by hand and shall be through- ly compacted to prevent subsequent settlement of the roof. Methods of tunneling or boring, size and length bracing and backfilling shall all be subject to the approval of the Engineer. i. Open Trench: Unless permission is granted by the Engineer, no more than three hundred feet of trench shall be opened up ahead of pipe laying operations. Backfilling shall begin as soon as pipe is laid and inspected and shall keep pace with the pipe laying. k. House Service Connections: Where existing house lateral connections to utility mains are encountered, the Contractor shall exercise due care to insure ,,that the laterals are not disturbed or damaged. Should any lateral connections be broken, as a result of the work under this contract, they shall be replaced by the Contractor to at least equal to the original installation. 1. Public Utilities: The Contractor shall be responsible for the destruction of, or damage to, all existing structures, pipe lines, conduits, cables, sewers, drains, or other properties encountered in or adjacent to the excavation, and he shall use all reasonable measures and precautions to protect such properties, 'and shall maintain or replace them in as good condition as they were prior to the construction operations. He shall make a diligent effort to locate all underground properties in advance of excavation work, and support or protect them so that they will not be broken and their functions interrupted. The Contractor shall notify all owners of public utilities that may be affected by construction demands so that the public utilitiy owner may protect, transfer, change, rebuild, or remove any part of his utilities as the utility owner may deem fit.. Such notification shall .-be in writing and in advance of work by at least three weeks. - 12-3 I .r- m. Relocation of Lines: The Engineer may, at his discretion, relocate trench lines to avoid know obstacles, where such relocations are requested by the Contractor, and will not, in the opinion of the Engineer, increase the cost to the owner or impair the usefulness and permanence of -the construction. 12-04. TRENCH BACKFILLING a. General: Trenches shall be carefully backfilled with excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand .` .,. and fine gravel, soft shale, or other approved materials, placed at or near optimum 'moisture content, free from large clods of earth or stone, carefully deposited on both sides of the pipe in lifts as hereinafter described and thoroughly and care- fully compacted symmetrically on each side of the pipe until enough fill has been placed to provide a cover of not less than 12 inches above the top of the pipe for the full width of the trench utilizing mechanical or vibratory compactors as approved by the Engineer. Under the center of the pipe supplementary compaction by curved hand tampers may be required by the Engineer to obtain -full compaction under the pipe. b. Compaction Lifts for Trench Backfillinq: Trench backfilling to One Foot Remainder of Trench Backfill Above Above the Top of Pipe The One Foot Level Maximum lifts of eight inches, loose thickness. Engineer may allow maximum lift thickness in- crease to 12 inches, loose thick- ness, if proper compaction can be obtained consistently with equip- ment and methods being used. Such allowance is revokable if consist- ently successful results are not obtained. The thickness of lift 7 -is subject to approval of the Engineer. ` A maximum lift of one -foot loose thickness, but in such thickness that proper compaction is obtained consistently with equipment and methods being used. If consistent- ly successful results are not being obtained with one -foot loose thick- ness of backfill lifts, the Engi- neer may direct the Contractor to decrease the thickness of lifts or improve his methods such that consistently successful compaction. results ate obtained. c. Compaction by Water Settlinq: Compaction by water settling will not be used on any portion of this project. 12-05. FINISH WORK: After completion of the backfill operations, the trench- ing area will be left in a neat and smooth. condition in unpaved, areas, and streets shall be swept clean after pavement replacement in paved areas. 12-06. COMPACTION: All backfill shall be compacted to a minimum density of 90% of maximum density as determined by AASHO Method T 180. Modified Proctor Field•tests shall be in accordance with AASHO Standard Mehtod T 147. The Contractor shall, when requested, excavate to the required depths so that density tests may be taken and bring such excavations to the required density f rafter tests are taken at no increase in contract price. Periodic testing during the progress of the excavation will be conducted as required by the Engineer. { ? : j: Any trenches or structure excavations improperly backfilled, or where settlement occurs, shall be reopened to the depth required for proper compaction, then re- filled and recompacted and pavement, if any, replaced to the requirements of these specifications, at no increase in contract price. 12-07. PROTECTING AND REPLACING EXISTING IMPROVEMENTS: Any existing improve- ments.damaged during trenching operations shall be replaced to match the original ,installation.. 12-08. MAINTENANCE OF ACCESS: Except where otherwise directed by the Engineer, excavated material shall be piled along the trench in a manner to cause as little inconvenience as possible to public travel and access. Openings for traffic must $ be left at sidewalks, along streets, and at alley crossings. Fire hydrants must $ be left -accessible for use. 12-09. .• ,PAVEMENT CUTS: All paving encountered within the width and line of trenching shall be removed and replaced in accordance with the details shown on • the drawings and paving specifications included in these specifications:. Cuts of existing paving shall be to a clean, vertical, straight line and shall be cut with a cutting wheel or with a pneumatic pavement cutter. Unnecessarily irregular breakage shall be replaced by the Contractor at his expense. Where pavement cuts are required for manhole regrading, cuts shall be a minimum of 3 feet from edge of the manhole and square in the direction of traffic. Cuts for placement of. drop inlets shall be a minimum of 2 feet from the street• edge of the inlet gutter. The pavement shall be cut to the width required by the Contractor for accomodating his trench excavation width at the roadway level. After backfilling and tamping to the top of the subgrade, an additional paving cut shall be made one foot from the edge of the original paving cut and the new paving (subgrade preparation, gravel base course, prime coat, asphaltic concrete base course, tack coat, and ,asphaltic concrete surface course) constructed so that such new paving will have 12 inches of bearing past the edge of the trench excavation. SB-2 MATERIAL SHALL BE USED FOR BACKFILLINC ROADWAY PAVEMENT CUTS AFTER PIPE HAS BEEN BEDDED IN ACCORDANCE WITH THE MANUFACTURER'S AND ENGINEER'S SPECIFICATIONS. a. '0 F r .12-10. CONFLICTS WITH IMPROVEMENTS ON PRIVATE PROPERTY: Where sewer lines -or structures are constructed in parkways or easements through privateproperties that have been.improved by lawns, trees, shrubs, fences, or gardens,"the Contractor `-: ;shall, in advance of working the excavation, remove such lawns, trees, shrubs, or ".:.:..plants as may be necessary for the protection of the work, and shall' -replace them in as nearly the original location and condition as is reasonable possible after the excavation has been backfilled and compacted. !'In parkways and easements when it is necessary to deposit the excavated material +on•private property, or otherwise use private property, without first receiving written permission For such use from the property owner, private'property-if . 11 used, shall be restored to its original condition at conclusion of thee-construe- .tion work. - . ". Where it becomes -necessary to excavate in easements that have been improved with fences, buildings, walks, or drives or where -the excavation, although -on public right-of-way is close enough to cause damage to such struetures,`on' completion of the construction the Contractor shall -replace the fence, -build- ings, walks, -curb and drives, and shall leave all such improvements in the original conditions as found. Lawn sprinkler systems shall be protected; or - ' restored, if damaged by the Contractor. ,.. 12-6 SECTION 13 OBSTRUCTIONS 13-01. GENERAL: Obstructions shown on the drawings or encountered during construction shall be removed, relocated, reconstructed, or worked around ex- cept privately owned items on public property and public utilities operated under franchises will be removed or relocated by the respective owner. Definite information as to the exact location of all underground facilities and services is not available, and the Contractor shall establish their location by digging in advance of machine operations. Publicly owned items designated for salvage shall be removed carefully to prevent damage, and shall be loaded, hauled and stored at designated watehouses or yards. Unless further excavation is requir- ed for construction at the location, backfilling of the spaced occupied by the • obstructions shall be as. specified for backfilling of structures. 8ackfill shall be compacted as specified or required. Surplus and waste material shall be disposed of at designated or approved locations. No separate or additional payment will be made for the removal, relocation or reconstruction of items except those items listed on the Proposal and specified to be paid for in "Basis of Payment All costs for the removal, relocation or reconstruction of other items shall be considered subsidiary to the cost of new construction at the location. 13-02. MANHOLES: Tops of existing manholes not conforming to revised finish grade shall be raised or lowered as required. Manhole neck shall be raised or £ lowered as required. Manhole neck shall be removed to extent necessary and shall be cleaned of mortar and dirt. Contractor shall furnish mortar, concrete and any additional brick when needed. Existing castings shall be removed and reset at • required elevation. a. Mortar: One part Portland cement, one part hydrated lime; and 6 parts clean sharp sand mixed with sufficient water to obtain proper consistency. Mortar shall be used within one hour after adding water. b. Brick: _ASTM Standard C32, available grade. r. c. Concrete: Concrete shall conform to requirements of section en- titled "Concrete Work". 13-03. CONCRETE AND BITUMINOUS PAVEMENT: Concrete slabs, concrete pavement, bituminous pavement and base and pavement overlay of concrete or bituminous material designated for removal shall be cut in lines approximately straight and parallel, vertical to the surface. Slabs, pavements or overlay shall be broken out and entirely removed, complete with underlying base, and rubble shall be wasted at designated or approved locations. Area from which pavement was removed shall be backfilled or further excavated as required for construction at the location. Where designated, pavement shall be replaced in accordance with the details shown on the drawings. 13-04. - CURB AND.GUTTER: Curb and gutter designated for removal shall be ex- cavated as required, broken out and entirely removed, and all waste material disposed of as directed. The area shall then be backfilled or further excavated as. required for new construction at the location. 13-1 s L i • • s. F 13-05. DRAINAGE PIPE: Irrespective of type, the Engineer will designate those to be salvaged and those to be torn out and disposed or as waste. If .such determination cannot be made by preliminary excavation, the pipe shall be excavated by the Contractor to expose it for further inspection. Pipe de- signated for salvage shall be excavated, removed, transported, and stared in a designated location, using due care to prevent damage to the pipe throughout the operations. Pipe designated as unsuitable for salvage or reuse may be re- moved by such method as the Contractor may elect and disposed of as directed;. after being placed at the side of the ditch for inspection by the Engineer, and paid for as specified for residential or arterial grading. 13-06. PRIVATELY OWNED OBSTRUCTION: On public property, such as fences, - small buildings, or similar obstructions, will be removed by their respective owners upon notification from the, City. Should progress of the work be unduly f delayed through such procedures, the Contractor may remove, relocate or recon- • .struct portions of fences at his own responsibility and expense, or by separate negotiations with the respective owner. 13-07. SODDED AND LANDSCAPED AREAS: Such as parkings on or adjacent to im- proved property shall be disturbed only to the extent. required to permit construction. Such areas shall not be used as storage sites for construction supplies and, insofar as practicable, shall be kept free from stockpiles of excavated materials. Upon completion of backfilling at each location, sad shall be replaced and the entire area restored to a condition fully equivalent to the original. 13-08. PUBLIC UTILITIES: Public utility pipelines, poles, cable, conduits and wires which interfere with construction shall be by-passed or worked around by hand excavating, tunneling or other approved methods, at the Contractor's expense, where practical. Where not possible to bypass or work around the • facility, the facility shall be removed or relocated by the respective utility company upon notification that such removal or relocation work is necessary to permit new construction to lines and grades designated. Cost of such removal or relocation work shall be borne by the utility company. The Engineer shall notify the utility company in writing of the approximate date of which construction work will begin. Such notice shall be given sufficiently in advance of beginning on construction to allow adequate time for the removal or relocation work to be accomplished by the utility company without interfering with construction schedules. "`In the event that required removal or relocation work has not been accomplished prior to construction at the location, the obstructing facility may be removed or relocated by the Contractor at the expense of the utility company. 13-2 3 • I t a I I L SECTION 16 s .;v TREE REMOVAL 16-01. CCNERAL: This item shall consist of trees, within the public right-of-way or upon by the Engineer, or as shown on the plans, in specifications. R . removing and disposing of those the owners property, as designated accordance with the following a. Definition: For the purpose of the specification, a tree by definition shall be a large woody perennial plant with one main truck and many branches, having an average caliper of no less than four (4) inches as measured four feet above the existing ground surface. b. Limits of Removal: For water, sanitary sewer, storm sewer and all other sub -surface excavations, the complete tree, including roots, within the excavation pay limits shall be removed and disposed of. For water, sanitary sewer, storm sewer and all other sub -surface excavation, where a tree and/or its root system will suffer irreparable damage because of its close proximity to the excavation pay limits, upon the authorization of the Engineer, the tree shall be removed, the stump shall be cut, to one (1) foot below the existing ground surface, and the root system within the excavation pay limits shall be removed. In roadway. cuts, all trees designated for removal and disposal -shall have their stumps and roots removed to a depth of not less than 18 inches below the finished grade. In areas under roadway embankment from which topsoil or unsuitable materials are to be removed, or which are designated to be compacted, all trees designated for removal and disposal shall have their stumps and roots removed to a depth of not less than 6 inches below the original surface. In all other areas under roadway embankments, all trees designated for removal and disposal shall have their stumps and roots removed to a depth of not less than 18 inches below the finished grade and not more than 12 inches above the original ground surface. In cases where existing permanent structure and/or existing permanent surfacing are (is) located adjacent to trees designated for removal and disposal, the corresponding stumps and roots within the construction limits, as shown on the plans, shall be removed as hereinbefore described. c. Procedures: Trees designated for removal and disposal shall be cut down and trimmed in such manner that adjacent property including any overhead cables is (are) not endangered. Trees, removed may not be disposed of by open burning.. 16-1 • ` SE&ION 18 TESTING 18-01. TESTING: SEWER LINES: Test for watertightness shall be made by the Contractor in the presence of the Engineer. Tests shall be made at such times as may be requested by the Engineer. If the • tests at the lower sections of the sewer line are satisfactory, such result 1. shall be the basis upon which subsequent work may be judged but this shall not • relieve the Contractor of the responsibility of further testing when so requested by the Engineer. I I - L I L • The sewer line shall not leak under exterior ground water pressure, infiltration, in excess of a rate of 200 gallons per inch of pipe diameter per mile per day. If leakage exceeds the above stated amount, the sewer line shall, be repaired until the infiltration comes within .the allowable limit. At the option of the Engineer, the sewer lines shall be tested by subjecting the sewer lines to internal water pressure and measureing the quantity of infiltra- tion. Reaches or sections of the sewer line to be tested shall be determined by • the Engineer. The reach or section of sewer line lying between two or more • consecutive manholes, including the manholes at the upper ends of the section selected. The procedure for testing shall be as follows: The outlet sewer line at the lower manhole and the inlet sewer line at the upper shall be closed with stoppers.. The upper manhole shall be filled with water to the top rim of the manhole ring, except, that filling of the manholes shall be limited to a maximum water 'depth of fifteen feet. The leakage shall be calculated from the drop in water level in the upper manhole and the leakage measured by this method shall not exceed the allowable leakage specified in the preceding paragraph. Payment for testing sewer lines shall be considered a lump sum bid item. 18-02. TESTING PRESSURE LINES: (WATER AND SEWER) Test for watertightness shall be made by the Contractor in the presence of the Engineer and in accordance with AWWA specifi- cation C 600-82, Section 4. The maximum allowable amount of leakage for • lines shall not exceed that set forth by AWWA Standard C 600-82, Section 4.2.2. When testing against closed metal seated valves an additional leakage per closed valve of 0.0078 gal/hr/in of nominal valve size is allowed. Tests shall be made at such time as requested by the Engineer. After completion of installation of the pipeline, a test of tightness of leakage of the joints shall be made by applying pressure on the line by means of a test pump hydro- statically. 18-1 •f >, y The pressure line shall be subjected to a hydrostatic pressure of at least 1.5 x the working pressure at the point of. testing. • A leakage test shall be conducted concurrently with the pressure test. Leakage shall be defined as the quantity of water that must be supplied into • the newly laid pipe, or any valved section thereof, to maintain pressure within 5 psi of the -specified test pressure after the air. in the pipeline has been expelled and the pipe has been filled with water. :. -No pipe installation will be accepted if the leakage is greater than that de- termined by the following formula: . - . L - SDI " 133,200 in which L is the allowable leakage,..in gallons per hour;_ S_ is the length of the pipe being tested; D is the nominal diameter of the pipe, in inches; and Pis the average test pressure during the.leakage test,..in pounds per j' •:.-square inch guage. ter;.:: ♦ .. ..L..-. ... ff •- .. i.S. •r. . ..ate S•..�. , M - :-r:_ \f . I i SECTION 21 EXCAVATION, EMBANKMENTS, BACKFILLINC, MANHOLE AND INLET CONSTRUCTION AND MISCELLANEOUS CONSTRUCTION SEXIER AND WATER LINES I 21-01. TRENCH EXCAVATION: The Contractor shall start work for excavation at such points on the line of the project as the Engineer may direct and shall progress from point to point, from the outlet end upstream, or as directed by the Engineer -Inspector. Under ordinary conditions excavations shall be by open vertical cuts from the surface. Tunneling under concrete paving, sidewalks, curb and qutter or other riqid structures is prohibited, unless expressly approved by the Enqineer. If tunneling is permitted, no additional compensation will be allowed over the unit price bid for the various sizes of pipe in place, including the appropriate trenching depth of various depths, and will be paid for at prices named in the proposal. The width of the trench for a vertical distance measured from bottom of the trench to a point 12" above the top of pipe shall be kept as close as practical to a maximum width of 16" wider than pipe O.D. for sizes 8" through 15"; 20" wider than pipe O.D. for sizes 18" through 27"; and 24" wider than pipe O.D. for sizes 30" through 48". I. When trenching in soil that will not stand vertical the trench sides may be sloped at the Contractor's option, providing the trenching is on unpaved streets through undeveloped areas. The trench sides on unpaved streets through developed areas may also be sloped providing the trench width at street surface will not prevent vehicular ingress and egress to persons living or doing business on the • street, and will not cause damage to existing utility lines, public and private, or to adjacent buildings and other structures, public and private. In all cases the sloped sides shall begin at a point not less than 12" above the top of pipe. The Contractor shall be responsible for maintaining all trenches in a safe con- dition protecting the life and limb of men working therein, and for the protection of the general public. The line of trenches and grade cuts will be indicated by stakes set off of center at one side of the trench. The amount of offset being dependent upon working conditions along the trench. The bottom of the inside of the sewer pipe or invert is the grade line shown on the plans, and for construction purposes the grade will be given by a line paral- lel to the pipe line grade and supported above ground surface on straight edges or batter boards spaced as required. At least three sets of batter boards shall be in proper position at all times across the trench as a check on the accurance of the sewer grade line except - where alternate methods for checking grade are ordered by the Engineer -Inspector due to adverse and/or unusual construction conditions. Offset batter boards, • with double parallel string lines spaced not less than 18" apart, may be consider- ed as an approved. alternate. Regardless of the method used, the batter board fl - :;-"spacing shall not be greater than 50 feet and the grade line supported by the batter hoards shall be pulled taut, and kept taut, free of any sag. Pipe may be placed using laser equipment after technique is approved by the Engineer. 21-02. DISPOSAL OF EXCESS EXCAVATION: All excess excavation caused by the displacement of pipe, paving replacement, manhole excavations or otherwise shall 21-1 .yY f. - .f. � as 1 be removed from the site as directed' by the Engineer -Inspector. This work shall be included in the prices bid for all items of trenching-backfilling-compaction. • 21-03. BRACING AND SHEETING: In congested areas where due to narrowness of right-of-way, traffic, and adjacent utility lines, buildings, etc., it is not possible to slope the trench sides, the Contractor shall be required to keep the sides of the excavation as nearly vertical as possible by bracing, use of sheet piling or using a moveable "boot" or "caisson", unless otherwise specified herein. Failure to properly brace and sheet. trenches shall be at the risk of the Contractor, and where such failure results in slides or caving, producing unusual or excessive loading on the sewer, the Contractor shall be required to remove and replace the sewer with whatever type of construction the Engineer -Inspector may require, with no extra allowance for materials or labor. The Contractor shall be responsible for damage to other utilities, buildings and structures resulting from trench earth slides, caving or other failures. No extra payment will be made for sheet- ing, bracing or "boot -caisson" since such extra costs shall have been included in the bid prices. No sheeting or bracing, where used, shall, be removed until suff- icient backfill is in place to protect. the pipe, and the adjacent street, alley or easement surface and structures from damage by sliding and caving -in of trench sides. No extra compensation shall be allowed for the handling of excavated material in alleys, easement, streets or other confined areas. , { 21-04. OPEN TRENCH: The Contractor shall not open up more trench in advance of pipe laying than is necessary to expedite the work, and in no event shall the length of a continuous open trench at the job site exceed three (3) blocks. A block shall mean the length of a block between streets in which the work is being • done, but not to exceed 660 feet. In no case (platted or unplatted area) shall the continuous length of open trench exceed 1,980 feet. In no case shall the length of open trench without pipe therein exceed 330 feet. Trenching shall be done far enough in advance of pipe laying so as to allow the Engineer to make necessary grade changes without the use of extra fittings. If this procedure is not followed and it becomes necessary to either raise or lower or swing the new pipe line around obstructions due to change in grade, or alignment, it shall be done at the expense of the Contractor. If any extra fittings or pipe are - found necessary for the above reasons, they shall also be at no expense to the Owner. .., 21-05. MANHOLE EXCAVATION: The sides of the excavation made for manholes and other concrete structures may serve as the outside form, if in the opinion of the Engineer the earth sides of the excavation are satisfactory and the concrete will not dry out too rapidly and if first class work can be assured in this manner. No additional compensation shall be allowed for excavating manholes, over the unit price bid for the various sizes or types of manholes in place at the various depths. 21-06. ROCK EXCAVATION: Rock is here defined as material which cannot be excavated without drilling and blasting, wedging, sledging or barring. All stone 'or boulders less than eight (8) cubic feet in volume will be classified as earth, and all larger boulders shall be classified as rock. If blasting is necessary to excavate such materials as shale, hardpan, soft sandstone, cemented gravel, caliche, or. loose rock, which normally can be classified as earth excavation, 21-2 w . 4 then this excavation shall be classified as rock excavation. Whenever a ledge of solid rock is encountered with earth below it or where alternate layers of solid rock and earth occur, the earth shall be included in the allowance for rock when the thickness of the layer of earth is less than twelve (12) inches thus requiring it to be removed by blasting along with the ledges of rock. The Engineer -Inspector shall in all cases decide whether blasting is necessary or not. Whenever rock is encountered in the trench or elsewhere, in any excavation re- quired to be made, it shall be excavated to the line and grade as shown on the plans for trench cuts and backfill in rock, unless otherwise directed by the Engineer. .For trenches in general, rock shall be excavated to a depth of four (4) inches minimum below the outside bottom of the conduit except at points of -rock and earth transitions at which points the rock shall be excavated to a minimum of twelve inches (12") below the outside bottom of the conduit. Any depression in the bottom of the trench caused by overshooting and/or excavating and being six inches (6") or greater in depth from a theoretical bottom of trench grade Hshall be filled to the theoretical bottom of trench grade with graded gravel of the gradations as shown on the plans or as approved by the Engineer..- Rock excavation, including removal and disposal, shall be paid for on the basis of the unit bid prices and shall be measured by the cubic yard of rock in its original position within the limits of a trench having a bottom width 16" greater • than the outside diameter of the pipe and sides sloping outward with a batter of one inch per foot beginning at a point 12" above the top of pipe. Rack excavated outside these limits will not be paid for. Payment for rock excavation will be in addition to payment for trenching-backfilling-compaction in the various in- crements of cut. t- 21-07. BLASTING: Where blasting is necessary suitable weighted coverings or mats shall be provided to confine all materials lifted by the blasting within the limits of the trench and to prevent injury of life and property. Blasting shall be under the supervision of a person, qualifed and experienced in the use and handling of explosives. 21-08. BACKFILLING: ' a. On all trenches and excavations the earth used in backfilling shall consist of the original excavated material or materials as required by the Engineer -Inspector in a finely divided form, Free of large lumps, large stones and rocks, pieces of old concrete, asphalt pavement, or oil pavement, _...and large wet or gummy masses, and shall be sufficiently moistened to permit good compacting but not sufficient to cause the backfill material to lump or } form a ball when squeezed. Moistening water shall be added only in the amount ,._required to achieve approximate optimum moisture content for the soil encountered, and the moistening water shall be thoroughly worked into the backfill material. No extra payment shall be allowed for the removal of rocks, large lumps of dirt, broken concrete -asphalt -oil payment, etc., from the backfill material. } 21-3 1 ,When in the course of trench or other excavation any material in encountered which in the opinion of the Engineer is unsatisfactory for backfill, this material shall be removed from the site and disposed of by the Contractor. A select material, provided by the Contractor and satisfactory to the Engineer, •shall be substituted for backfill purposes. The payment for this material shall be based on the unit bid price far "Providing Select Backfill", multiplied by the number of cubic yards (to the nearest cubic yard) provided complete in place within the neat lines of the trench. The unit • bid price shall include the cost of disposing of the unsuitable material and the providing of the select material but shall not include the cost of trenching, backfilling and compaction. The payment for trenching, backfilling and compac- tion shall have been included under their appropriate bid items. b. The backfill material when placed in the trench shall be thoroughly :compacted to a minimum of 90% of maximum density throughout as determined by the Modified Proctor Method, with the exception that the top six (6) inches in resid- ential streets and the top twelve(12) inches in arterial streets (of the subgrade 'material) shall be compacted to a minimum of 95% maximum density (Modified Proctor) except if the backfill or subgrade material contains 35% or more of material pass- ing the No. 200 sieve, in which case, the compaction shall not be less than 900 of maximum density (Modified Proctor). The moisture content of the backfill material in. place shall not exceed the optimum nor be less than the optimum minus five (5) • percent. The obtaining of the correct moisture content will be the responsibility of the Contractor. Moisture and density requirements shall be governed by AASHO Designation: T-180 and T-147. The Engineer will determine the classification of the backfill required, whether for residential or arterial streets. c. Omitted d. The initial backfill around pipe shall consist of moistened finely divided earth carefully and evenly placed and thoroughly rammed and tamped with hand or pneumatic tampers to the required density range until sufficient fill has been placed to provide at least a 12" cover over top of pipe the full width of the trench or excavation. The remainder of the backfill material shall be placed in lifts of such depth that the required compaction and density can be obtained with the type of tamping or compacting equipment or method being used by the Contractor without damage to pipe, or causing pipe displacement, but not to exceed depths recommended by the equipment manufacturer, for various soil types, • or as determined by compaction tests of the lift in place, or as directed by the • Engineer -Inspector. e. Density tests for the purpose of determining the degree of compac- tion shall be made by a testing laboratory, supervised by an Arkansas Registered Professional Engineer, who shall certify the test reports, and shall be paid for by the Contractor. These tests shall be made in such a manner as to give the ,density of the backfill material throughout the entire depth of fill. In all . cases sufficient tests shall be made at various depths which will give the degree jof compaction within the lower one-half of trench backfill and in the initial fill around the pipe, as well as in the upper one-half of the backfill. 21-4 f. Such density tests shall be made as follows: . One test shall be made for each continuous 500' run of trench backfill per each 2 feet of depth except that no test shall be required for a run of trench backfill 50' or less measured from point of beginning. Any con- tinuous run of trench backfill between 51' and 500' interval shall require one test. Any run of trench backfill that falls between successive 500' increments shall not require a test unless the run of trench backfill is more than 250'. g. The Resident Inspector shall have the right to call for any addi- tioanl tests he may deem necessary at shorter intervals along the trench in order to carry out and complete more fully and perfectly the work within the.intent of these specifications. Any additional tests shall be at the Contractors expense. h. The location of test sites and depths of tests shall be determined by the Resident Engineer and he shall be responsible for calling and requesting the laboratory to made tests at the location(s) selected. The contractor shall provide any assistance necessary in taking these tests at no additional cost to the Owner. i. When test results fail to meet the density requirements as previous- ly stated, additional compaction shall be required. If the tests indicate the compaction method being used by the Contractor does not produce the required end results, the Contractor shall at the direction of the Engineer or project inspector alter the methods so as to produce the required densities in the compacted backfill.. All re -compacted trenches shall again be tested for required density as outlined -in preceding paragraphs at the Contractor's expense. All sewer appurtenant } structures shall be backfilled in accordance with these requirements. j. When in the opinion of the project inspector or Engineer sandy - gravelly soils, or other soils, are encountered which do not readily lend them- selves to proper compaction with the use of mechanical equipment, the Contractor may jet or flood the trench with water in successive lifts in a volume sufficient to obtain the required density and compaction, including the use of vibratory equipment, when necessary. No extra payment will be allowed the Contractor for • this method of compaction. k. It shall be mutually agreed that proper and adequate backfilling 'and compaction devoid of any future settlement regardless of the method used shall be the responsibility of the Contractor, and final acceptance of the pro- ject does not relieve the Contractor of this responsiblity. The Contractor shall at his expense repair all damages to streets, sidewalks, curbs -gutters, paving, L sewer pipe, water lines and any other private or public utility line including •damage to abutting private property caused by trench or excavation settlement within a period of thirty-six (36) calendar months after final acceptance of • each individual project by the Owner. 21-09. EMBANKMENTS: Where embankment is necessary to support the pipe or to L cover or protect it in any way, it shall be made to -the width and slope shown on the plans or designated by the Engineer. The surface of the ground receiving em- bankment shall be carefully cleared of all unsuitable material, and furrowed with 21-5 - H. pl• ow or shovel. The embankment shall then be formed of damp earth or other suitable material. Embankments to be used as foundations for pipe must be • filled in layers and more than 6 inches in thickness, each layer being thoroughly tamped, up to the elevation of the top of the pipe to be supported before the pipe is laid. This distribution of material must be uniform and such as to make.a solid and compact foundation. • 21-10. MANHOLES: Manholes of the design indicated on the plans and/or work order and as detailed on the Standard Manhole Detail Sheet shall be `" built around the pipe at designated intervals, and shall be adjusted such that pipe joints at this point will be just outside the manhole barrel both upstream and downstream. These joints just outside the manhole barrel shall be reinforced with a Class "B" concrete block poured under the joint, and in- cluding the lower one-half of the pipe. This block of concrete shall be at .. least 3" thick under and around the bell and shall extend at least 6" on each side of the joint along the axis of the pipe. After the manhole has been con- ''structed and a shelf of concrete has been poured in the bottom of the manhole at an elevation of one-half pipe diamter above invert elevation, the top one- half of the pipe through the manhole shall carefully be broken out and removed. The bases of manholes 16 feet or greater in depth shall contain. reinforcing C'YlC steel furnished and placed by the Contractor in accordance to the details as `'shown on the Standard Man -hole Detail Sheet. All manholes shall be neatly -plastered inside with minimum 2" thick water proof sand -cement plaster. Where required manholes constructed below ground water level shall be plastered on the exterior surface of barrel from base slab to a point 12" minimum. above ground water level with ;" minimum thickness water proof sand -cement plaster or as specified on the plans. Plastering will not be applicable on pre -cast (Type B-1 or C-1) Manholes, unless specifically required by the Engineer. All concrete and concrete precast units shall be Class "B" (3000 pounds per square inch) and all material, the reinforcing steel, and the methods of mix- ing, pouring and placing, shall conform to the "General Specifications for Concrete Work" of this contract, the depth to be used in determining payment due the Contractor shall be the distance, as measured by the Engineer from the, top of manhole cover to invert of lowest pipe through manhole. Cement used in all manhole construction shall be Type II Sulfate Resistive, including all precast units, all mortar and plaster. 21-11. LAMPHOLES OR CLEAN -OUTS: ' Lampholes or clean -outs shall be construct- ed where shown on the plans, or as ordered by the Engineer, and shall be con- "`structed in accordance with the detail drawing shown on the plans. 21-12. OMITTED. 21-13. STANDARD MANHOLE FRAME AND COVERS AND MANHOLE STEPS: All standard manhole frames and covers and cast aluminum manhole steps shall be cast or finished to dimensions shown on the plans. Cover seats and frame seats shall be machined. They shall be made of tough gray iron; free from cold shutes or blow holes and of workmanlike finish. A blow from a hammer shall produce an •ILindenttion on a rectangular edge without flaking the metal. 21-6 LI r i f 1 l -Before leaving the foundry, the iron castings shall be subjected to the hammer inspection and thoroughly cleaned, after which they shall be dipped in asphalt or coal tar and oil applied at a temperature or 290 0 and 3100 Fahrenheit. The .;material.for these castings (Serial Designation: A48-60, Class 25C, 2.0 in. of 4 the American Society for Testing Materials and latest revisions thereof). Man- hole frames and covers shall not weigh less than 400 pounds combined and shall • be of the style and design as shown in the structure sheets of the plans accom- panying these specifications. The frame and cover shall be cast, finished and machined such that the cover will seat true and even without rocking within the frame. Steel or cast aluminum steps of the design and dimensions as shown on the Stan- dard Detail Sheets or an approved equal.shall be used in all manholes. The 'cast aluminum steps shall be constructed of 356-T6 aluminum conforming to A.S.T.M. specification S.G. 70A and B26 -60T. No direct payment shall be made for' manhole frames and covers or manhole steps. The cost complete in place for these items shall have been included within the unit bid price for the applicable manhole, 21-14. PAVEMENT REMOVAL: The Contractor shall furnish all material, labor, equipment and supplies necessary to do the work required in removing of pavement (and disposal of same) where required. No extra or direct payment shall be made for oil pavement (oil mat) removal except as herein specified. Oil pavement (oil -mat) shall be defined as any pavement surfacing consisting of mineral aggregate both coated and cemented together with a bituminous material, such.surfacing to include: cold mix, road mix, bituminous macadem, double penetration, etc., but excepting therefrom surfacing or base comprised of asphaltic concrete "hot plant mix". Payment for the removal of an "0il Mat" surfacing shall be made based on all of the following criteria: 1. The perimeter must be cut by a mechanical cutting device. 2. The surfacing to be removed must be 2 inches or greater in thickness. 3. The surfacing material must be removed and cannot, by requirements of the specifications, be incorporated within, the trench backfill and/or earth embankment. 4. The removed surfacing material must be hauled to and disposed of, 'by the Contractor, at a location off -the job site. Oil Mat surfacing meeting all of the above criteria shall be, along with asphaltic concrete "hot plant mix", considered in these specifications as asphalt paving. Concrete and asphalt pavement removal shall be paid for under the unit bid item .covering such removal. Saw -cutting is required on all concrete paving, and may L -be required on asphalt paving on all State -maintained arterials. Payment for °saw -cutting shall be made under the appropriate bid item, and is based on one- inch Cl") minimum depth of cut. 21-7 ■ • The Contractor shall make the necessary paying cuts in asphalt paving using a hand operated air hammer equipped with an asphalt pavement cutting blade, or a pavement saw. Concrete paving shall be cut using a concrete, saw only. The cutting shall be carried in vertical plane through the pavement along a straight line marking the limits of the cut. Any unnecessarily irregular. breakage or cracking caused by the Contractor through inexperienced or careless workmanship, careless use of equipment and trench cave-ins shall be removed and replaced by the Contractor without added expense to the Owner. .Paving cuts for manholes and valve boxes indicated in the following paragraphs. The maximum width of pavement removal and replacement for payment purposes on both Sewer and Water lines shall be as follows: Pipe Size • • . 2" to 6" 8" to 12" 14" to 18" 20" to 24" :27" to 30" 33" to 36" x..,;,42" to 48" , :Manholes, Valve -N'`"`Boxes and Other Lr below ground "`f`` °>structures -= - Removal & Replacement Removal & Replacement Payment Payment Width for 0'- Width for Trench Depths over 8' 8' Trench Depth 2' 31 3' 4' 5' 6' 7' = 6" - 0" 6" - 0" - 0" - 0" -6" Outside dimension or diameter of structure plus 2 ft.' 6' -- 6" 71 _ O" 81._ O" . 9' _ O" 11' :_lt O..,. Outside dimension or diameter of structure plus 4.ft� The Engineer may authorize pavement removal, including payment therof, exceeding the above tabulated pay limits, at the written request of the Contractor, when soil and/or existing pavement surfacing conditions encountered while making trench excavations will not permit the pavement removal, to be contained within the above tabulated pay limits. The approval of the request must be made in writing by the Engineer. Any areas of pavement removal exceeding the pay limits . as permitted by the specifications and not authorized for removal by the Engineer in writing shall not be considered for payment. - 21-15. PAVEMENT REPLACEMENT: All paving cuts shall be.repaved in accordance to the general thickness and material design provided herein and/or on. the plans and/or as specified in the work order(s) and shall be made in complete compliance with applicable specifications. The Contractor shall repave all paving cuts. All unauthorized, paving cut areas- exceeding the herein before mentioned tabulated pay limits shall be repaved at c.the expense of the Contractor, all other payment replacement made, by the Contractor be paid, based on the applicable unit bid prices. :21shall t -r Pavement -cuts will not be repaved until the newly. installed..utility lines have been :flushed, tested and no leaks appear and backfill compaction test reports have been :received and approved. The street surface and gutters shall beLswept clean by the ..' Contractor after the pavement replacement is completed. rrI.;; 21-8 t 1$ i I 21-16. CUTTING, REPAIRING GRAVEL STREETS: All gravel surfacing materials disturbed shall be removed carefully and conserved free from any admixture of other materials, and replaced to conform to the street surface. on either side of the trench, after being wetted and thoroughly tamped.. In no case shall the depth of the replaced materials be less than the depth of the surfacing material on the street where such materials have been disturbed. If the gravel taken from the surface is permitted to become mixed with other materials, it shall not be used in the reconstruction, but shall be replaced with approved clean gravel. 21-17. INLET OR LINE STUB CONNECTIONS: During the progress of the work as shown on the plans and as directed by the Engineer, the Contractor will be re- quired to leave one or more inlet or line stub connections out of manholes for future extensions or connections. These stubs will constitute one joint for each connections which the Contrabtor will be paid the unit price bid for the various sizes of pipe stubs complete in place. 21-18. EXISTING HOUSE SEWER LATERAL OR WATER SERVICE CONNECTIONS: Where house service line connections to existing sewer mains and water mains are encountered, the Contractor shall exercise due care in that the service lines will not be disturbed or damaged. Should any service line connections be broken during the construction of the new line, it shall be replaced by the Contractor with the same type pipe, if approved by the Plumbing Inspector, or better, and in the case of a sewer service, the dirt shall not be backfilled until the service line is inspected by the Owner's Plumbing Inspector, and in • the case of a water service line, the dirt shall not be backfilled until the service line is inspected by the Water Construction Superintendent. No extra compensation will be allowed the Contractor for this item. The Owner assumes no liability for damage to or replacement of house sewer and water service line connections. I. Whenever it becomes necessary to construct a new sanitary sewer lateral as a replacement for an existing line, and the alignment of the new line coincides approximately with the existing line and the grade of the new line is approx- imately at the same grade as the existing line or lower, then the existing line shall be removed or dealt with as ordered by the Engineer -Inspector. The cost of this work when applicable shall be paid for under the appropriate item in L the Bid Proposal. The Resident Inspector shall determine if it is necessary to pump sewage around the replacement work, or if it is possible to. temporarily plug the sewer line during the replacement operation. Where a new sewer lateral is constructed as replacement for an existing sewer lateral or to relieve overloading of an existing sewer or for any other reason, the Contractor shall carefully reconnect all existing service connections to the new sewer line. L 21-19. CONNECTING SEWER LINES TO EXISTING MANHOLES: During the progress of the work, where shown on the plans and as directed by the Engineer, the Contractor will be required to connect the sewer line(s) under construction into existing L manholes having no stubs provided for the connection. In this case, the Con- tractor shall be required to carefully break into the manhole at the invert ` 21-9 I r S. I OTHER t a 1 SECTION 22 PIPE, FITTINGS, VALVES, FIRE HYDRANTS AND MATERIALS AND EQUIPMENT AND THE INSTALLTION THEREOF 22-01. GENERAL: The installation of any pipe or fittings or other water line appurtenances in this contract will be according to AIWA Specifications C600-83 or C 900-81 whichever is applicable unless otherwise specified herein. If any mention of outside specifications is made, they will apply except as otherwise specified in these specifications. The specifications in Section 7 shall apply to water lines unless specifically referred to sewer only. They shall have precedence over those in AWWA Specifications C600- 82 or C900-81, whichever is applicable. 22-02. METHODS OF CONCRETE STRUCTURE REMOVAL: Water lines will not be con- structed under walkways, sidewalks, curbs and gutters, drive pads or similar = concrete structures by tunneling underneath them. The Contractor will cut these concrete structures by using a concrete saw, or at his option, he may remove the section of the concrete.structure to the nearest full expansion joint or edge. L `22-03. PIPE MATERIALS: a. Cast Iron: Cast iron pipe shall conform in every respect with • American Standard Specifications A 21.1-1977, (AWWA C101-77) for design using 18/40 or 21/45 iron strength, ASA A21.6-1975 (AWWA C106-75) All cast iron pipe, ductile iron pipe, cast iron fittings and ductile iron fittings shall have an inside cement mortar lining and bituminous • seal coating in accordance with .ASA Specification A 21.4-1985 (AWWA C104-85). • Joints for cast iron pipe will be either "Roll-on" or "Fastite" as manufactured by American Cast Iron Pipe Company or "Tyton" joint as manufactured by the United States Pipe and Foundry Company, or mechanical joint pipe as manufactured by American Pipe Company will be acceptable except where flange to flange joints may be used. Fittings for cast iron pipe shall conform to ASA A21.10.1982 (AWWA C110-82).. " b. Concrete Cylinder Pipe (Modified Prestress): Concrete cylinder pipe (modified prestress) and fitting shall conform to Federal Specification 9 -SS -1-381-A-1967 and AWWA Standard for Reinforced Concrete Water Pipe Steel • Cylinder Type, Prestressed (AWWA C301-84). The pipe joints shall be of bell and spigot design utilizing rubber gaskets. c. Steel Pipe: .Steel pipe shall conform to AWWA Specification C201 - except that steel plate shall conform to ASTM Specification A293 Grade 8 or C and steel sheets shall conform to ASTM Specification A245 Grade 8 or C. Pipe joints shall be of bell and spigot design utilizing rubber gaskets. Fittings for steel pipe shall conform to AWWA Specification C208-83 . d. Asbestos Cement Pipe: Asbestos cement pipe shall conform to AWWA Specification C400-80 and AWWA C401 for the selection of asbestos -cement pipe. Pipe joints shall be "ring tight" or equal. Fitting for asbestos -cement pipe shall.:. -be cast iron conforming to ASA Specification A21.10-.1982 (AWWA C110-82) and shall have "right'tight" ends. 22-1 i n i2 1 yl� c. Polyvinyl Chloride (PVC) Pressure Pipe - Four Inch and Smaller Diameter PVC Pipe: .1. Pipe and fittings shall be manufactured from JSF approved Type 1, Grade 1, PVC conforming to ASTM resin specifications D-1784 as amended and/or revised and shall be stamped with the NSF seal of approval and permanently marked. 2. The pipe shall have a pressure rating of at least 160 psi at 73° F. and conform to the requirements of specifications ASTM D-2241-69 and product standard PS 22-70 and with standard dimension ratio SDR-26. - 3. Provision shall be made for expansion and contraction at. each joint by use of a gasket type joint and integral bell or equal. . 4. The pipe manufacturere shall he a member of the Plastic Pipe Institute or American Water Works Association. 5.. All fittings and specials used in connection with the pipe shall conform to recommendations by the, pipe manufacturer or be of proven equal. - The pipe and fittings shallbe installed in accordance with the recommendations of the pipe manufacturere and consulting engineer and be installed under the supervision of an engineer. • .6. As additional ASTM, ASA, PPI, NSF or AWWA specifications are issued, the pipe and specials shall be modified to conform to these specifications. f. Polyvinyl Chloride (PVC) Pressure Pipe - 4 Inch and Larqer PVC Pipe: NOTE - -AWWA C-900-81 Specification shall supercede the following.where 1. The pipe shall be manufactured from NSF approved material that conforms to ASTM D-1784 Type 1, Grade 1 (PVC 1120) resins, and the pipe shall be .,stamped with the NSF seal of approval and permanently marked. 2. The pipe shall have a pressure rating of at least 200 psi at 73 F. and conform to the requirements of specifications..ASTM D-2241-69, and Product Standard PS 22-70 as amended and/or revised, and with standard dimension ratio. (SDR) of 21. The pipe with extruded bells shall be furnished in not more than 20 foot length. Pipe with double gasket type of coupling may be furnished in 40 foot joints. Only molded and machined double gasket coupling shall be allowed with pipe in 20 foot and longer joints. 3. Provision shall be made for expansion and contraction at each ',-;joint by use of a gasket type joint. 4. The pipe manufactuer shall be a member of the Plastic Pipe Institute or American Water Works Association and shall have manufactured the pipe and joint proposed for use for not less than five (5) years. 5. All Fittings and specials used in connection with the pipe shall conform to AWWA short or long bodied cast iron fittings using a mechanical `joint system with hardened or duck tipped type of rubber gaskets in accordance 22-2 A Z ^Y , r sa e Y: . r. with AWWA specifications C110 and C111. The fittings shall be cement lined in accordance with AWWA specification C104. The pipe and Fitting shall be installed in accordance with the recommendations of the pipe manufacturer and consulting engineer or his representative. The use of torque type wrench shall be. mandatory a to tighten up the glands as required. T 6. As additional ASTM, ASSA, PPI, NSF or AWWA specifications are issued, the pipe and specials shall be modified to conform to these specifica- tions. 7. The consulting engineer may specify by brand name the manu- facturers of approved materials that may be used. 8. The pipe shall be permanently marked by the manufacturer and coded for the date, batch and shift in which the pipe was made along with other required marking as set forth in ASTM and P.S. standard specifications, 9. The pipe manufacturer shall furnish to the consulting engineer certified copies of test results performed in accordance with the following paragraphs of Appendix A-4 of ASTM 2513 "Recommended In -Plant Quality Control Program for Plastic Pipe and Fittings", A-4,1 Introduction A-4,2 Material A-4.3 Pipe Tests -. I A-4.5 Method of Tests A-4,6 Marking 10. The warranties set forth in the consulting engineer specifica- tions shall govern both workmanship and material and shall be For a period of not less than one (1) year from the date of acceptance by the Owner. or his agents . The warranty of the material by the supplier shall be in writing to the contractor, who will forward copies to the Owner of the system for a permanent record. Any material failure shall be replaced at no cost to the Owner. „r... g. Polyvinyl Chloride (PVC) Pressure Pipe - Selection: 1. All PVC pipe shall be selected from the following table in accordance with the maximum static pressure of the water system. Maximum Static Pressure SDR Pressure Ratinq of Pipe • 210 psi 14 315 150 psi 18 250 120. psi 21 200 (min. for 6" or larger pipe) • 90 psi or below 25 160 (min. for 4" or smaller pipe) 22-04. CATE VALVES: Gate valves shall conform to the latest specifications for gate valves as. adopted by the AWWA. Gate valves shall be designed for an operating pressure of 150 psi or better and shall be double -disk, parallel neat& type, iron body, bronze mounted, inside screw, non -rising stem,.with "0" Ring 22-3 .. ;I (1 Seals, with standard hub.nut." Cate valves shall open counter clockwise and `:shall have a mechanical joint ends, unless otherwise required. Six(6) inch gate valves with one mechanical joint end and one flanged end shall have a mechanical joint end as specified for mechanical joint end fittings and one end with an American Standard Class 125 flange. Gate valves of 20 inches and larger, unless otherwise required, shall be of hovi- zontal installation with enclosed bevel gearing with grease case and 4 -inch by- pass valve such as the Mueller A-2480-6-06 gate valve as described on page 13-11, Section 13 on gate valves of the Mueller Catalog 'rI-96, and shall be provided with rollers, tracks and scrapers. : l • 22-05. VALVE BOXES: Valve boxes shall be fourteen (14) gauge corrugated steel, 12-1/2 O.D. inches in diameter and long enough to extend to shoulder of valves and below the operating hub nut. Box shall have a cast iron ring and cover. Ring and cover shall be of a type and quality as shown on the detail T.sheet. Box shall be fastened together at vertical seam with three rivets equally spaced. Galvanized valve boxes shall be dipped in coal -tar enamel. Coating shall 'be at least.1/32 inches. Any boxes longer than the standard length of 0" to 37" shall be paid for by the bid item for valve box. extensions. SPECIFICATION FOR AIR RELEASE VALVES: 1" APCO #142 Air and Vacuum valve, cast iron body, stainless steel float and delrim trim. - 22-06. SPECIFICATION FOR C.I. TAPPING SLEEVES: Tapping sleeves and tapping crosses for 6" x 6" x 6" through 12"•x 12" x 10" shall be made. of cast iron with mechanical joint end connections, with plain end gaskets, and shall be for use . • with either class 150 A.C. and/or class 200 C.I. conforming with American Standard • :.Specification A21-8 or A21-6. For sizes of tapping sleeves 16" x 16" x 6" and ' t:larger, the sleeve shall be made of C.I., the end connections shall be a calked :• type and shall be for use on class 150 C.I. pipe. In some cases, the class of pipe may be other than above and it will be the Contractor's responsibility to .insure that additional end gaskets are available for adaption. These tapping sleeves are to be used where called for on the plans, to make a branch connection into an existing C.I. or A.C. line under pressure. Any tapping sleeves or crosses to be furnished under this contract shall be approved by the Engineer for design of the body, for strength of section and for a water tight seal at both the longi- tudinal and circumferential gaskets. All tapping sleeves and crosses shall have a flanged outlet with a standard class 125 flange in the size called for on bid proposal. The Owner shall have the option of using tapping sleeves and crosses or using the usual insertion method with payment of a wet connection. 22-07. SAND BEDDING: Sand bedding shall be used when required, as`per the •• . discretion of the Engineer, in rocky, hard lumps soils or acidic sails. The sand, shall extend 6" below the bottom of the pipe and 12" above the pipe and shall ....,y,extend sideways to the sides of the trench. 22-08. METER TRANSFERS: Meter services lines shall be installed as shown on _the detail plans. It shall be the duty of the Contractor to leave the water turned _F on or off as round prior to meter transfers in order to obviate inconvenience to IL the customer: in one case or damage in the latter. Corporation stops and curb stops shall be or the type and quality specified by Owner. All stops shall be of the 'round full opening type with no restriction in the opening below the nominal size, - .and for use with copper tubing. 22-4 e • • 22-09. TAPPING SADDLES (SERVICE CLAMPS): Tapping saddles for use with cast • iron pipe shall be of bronze, cast iron, malleable iron or ductile iron with straps of bronze, iron or steel. Iron or steel straps and nuts shall have a heavy cadmium or galvanized plating applied after threads have been cut and finished. All saddle straps and nuts, of material other than bronze, shall be heavily field coated with tar enamel after installation. The coal -tar enamel shall be applied to completely dry saddles, straps, and nuts. Tapping saddles for use with Asbestos -Cement pipe shall be of bronze with bronze Flat straps such as the Smith -Blair Type 32 or 323; Jones Type J-955, J-959; or ...Baker Saddles, or approved equal. All saddles shall be tapped for Mueller Corporation stop threads. Gaskets for all saddles shall be of rubber or neoprene. 22-10. COPPER TUBING: Copper tubing shall be of soft annealed type K -6(a) A.S. T.M. Specification BB8-55. Copper tubing shall be bent only with the use of approved tube benders and without any kinks of sharp bends. 22-1i. STEEL FITTINGS: All steel fittings shall be fabricated so that each separate run of each arm of a fitting will be not less than 15". 22-12. COUPLINGS: Couplings called for under the bid items as transition coupling steel shall be either Smith -Blair Type 413 or Baker Series 212, or Dresser Style 62 reducing couplings; couplings called for in the bid proposal as allsteel shall be Dresser Style 38, or Smith -Blair Type 411 or Baker Allsteel Coupling Series 200. Bolts shall be standard for the sleeve specified. All couplings shall be tarred and wrapped. Payment for this item shall include all bolts, gaskets, tarring and wrapping complete in place. Contractor shall stock all gaskets necessary to couple different O.D. steel pipe as well as the steel used in fabricating fittings. , 22-13. HYDROSTATIC TESTS: See Section 18-2 "Hydrostatic Tests" 22-14. DISINFECTING WATER MAINS AND WELL PIPING: a. All new waterwork structures and pipeline and fitting shall be dis- : __.infected with a dosage of 50 mg/l of chlorine. This dosage will remain within the ,structure pipelines and fittings for a period of not less than 24 hours at which n•, P P 9 time the chlorine residual will be tested. This chlorine residual must be at.least 25 mg/1. b. If the chlorine residual does not contain 25 mg/1 after the 24 bout period the disinfection will be repeated as required until the desired residual has been obtained. c. The disinfecting or the waterwork structure, pipelines and fittings shall be in accordance with AWWA C601-81 and the reservoir shall be disinfected in• accordance with D102-78, Section 5, First Method. • d. No waterworks, pipelines or fittings will be accepted for use until satisfactory sterilization has been obtained. L L:. 22-5 I L • • 22-15. BACTERIOLOGIC TESTING: All new waterwork structures and pipelines and fittings shall have bacteriologic testing in accordance with AWSIA Standards Speci- ^' fications C601-81. The bacteriologic samples -shall be tested in two successive days after flushing 'of the system and prior to the system being put to use. Bacteriological samples • shall be tested by the Arkansas Department of Health. 22-16:" - INTERFERENCE WITH SERVICE AND SCHEDULE OF WORK: The Contractor shall obtain the permission or the Engineer before making any connections with,existing. mains. The operation or any existing valves affected by the work will be performed by the Contractor in co-operation with the Owner. The Contractor will be required to arrange his construction program with a view of maintaining continuous service • to water users from existing facilities, to the fullest extent possible. 1 22-17. NON -CONDUCTING PIPE: All installations using plastic pipe, asbestos- cement pipe or other non -conducting pipe shall have imbedded in the pipe or strunq on top of the oioe a metallic.,wire or other element which is detectable by a metal detector after installation. He shall, at all time, withhold construction work where any conflict in the service f requirements occur, as directed by the Engineer. :;Work shall be started upon the direction of the Engineer and shall be completed in a prompt, efficient manner in coordination and co-operation with other utilities ,. concerned. ._, .. • The Contractor may be required to do certain work at night, especially some wet connections when, in the opinion of the Engineer, it will be necessary for the convenience of the City and general public. .In the case of any wet connections where shut -offs of existing water lines ,will be made, the Contractor shall notify each household, office or any water user that shut-off will be made, giving full detail. Also, the Contractor and the Engineer shall determine when these shut- offs will be made so that notice may be inserted in the local newspapers. Both ._. procedures shall be done so as to give the water users ample time to provide themselves with a temporary supply df water. I ;22-18. METER BOXES: Meter boxes as required in metered services line work 'shall be in accordance. with plan details and shall include box, plate, cover, lock 'r ,<and springs. A sidewalk plate shall be installed when the meter is located in a sidewalk and a heavy sidewalk plate (driveway plate) shall be used when the meter.` is located in a driveway. Meter box shall be constructed of cast iron, concrete or corrugated steel or plastic with locking cover. -[ a. Plate and Ring: The plates shall be of grey cast iron and shall .:::.meet A.S.T.M. Standards. .The plates shall have integrated in the casting top a b1 e- fir A J. I , I 1 3 corrugated design of ,rn: c to prven c.�slippine. All cast iron pieces shay_ be cleaned of any rough rThes or surfaces. Sharp edces shall be Flattened or rounded and all exec..^.s;••r.a' shall,bc cleaned away From the finished castinc. The cover and plate sheii be ;asphalt painted. _ b. Lock on ccie,a: The lock and springs shall be of bronze plunc:_- with brass torsion sprint type.. Descriptive data plus for prior approval of 22-19. PAYMENT Vol bacteriological tests pipe. draw;;cs of proposed meter boxes shall be submitted Engineer: TESTING: Payment for disinfection, hydrostatic tests ar._ shall be considered as paid For by the unit bid price or. 22-7 iy O S SECTION 30 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 30-01. GENERAL: This section will specify the method of measurement for each item as presented on the bid form. 30-02. METHOD OF MEASUREMENT: a. All pipe installed in accordance with the plans and specifica- tions and accepted by the Engineer shall be measured in place by the unit for each size and description of pipe installed, complete in place. b. All sanitary manholes installed in accordance with the plans and specifications and accepted by the Engineer shall be counted and measured in place by the unit and description of manhole installed, complete in place. c. All pavement repair constructed in accordance with the plans and specifications and accepted by the Engineer shall be measured in place by the unit installed, complete in place. d. All A.H.T.D. Class 7 crushed stone (old AHTD SB-2) installed in accordance with the plans and specifications and accepted by the Engineer shall be measured in place by volume, compared with the truck weight ticket supplied by the quarry, of base material, complete in place. e. All concrete installed in accordance with the plans or at the direction of the Engineer, Owner, or specifications and accepted by the Engineer, shall be measured in place by the unit installed, complete in place. f. All construction staking shall be the responsibility of the Contractor as indicated in Section 10 of the General Conditions and shall be included in the unit price for pipe installation, complete in place. g. The destruction of indicated sanitary manholes and plugging of abandoned sanitary sewer mains shall be included in the price of pipe installed. h. All existing service reconnection wyes installed in accordance with the plans and specifications and accepted by the Engineer shall be counted in place. MP -1 30-03. BASIS OF PAYMENT Work completed, accepted and measured as provided above shall be paid for at the contract unit price bid, per unit described, for each item described, complete in place, which price shall be full compensation for all excavation and backfill, furnishing and installing of this item, for all special tools, equipment, labor, and supervision necessary to complete work. MP -2