HomeMy WebLinkAbout120-90 RESOLUTIONRESOLUTION NO. 120-90 -
A RESOLUTION AUTHORIZING THE CONTRACT BETWEEN
THE CITY OF FAYETTEVILLE AND JERRY D.
SWEETSER, INC. FOR THE CONSTRUCTION OF
SIDEWALKS.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a contract in the amount of
$40,527.50 with Jerry D. Sweetser, Inc., for the construction of
sidewalks on South College. The contract amount is to be taken
from the Community Development Fund. A copy of the contract
authorized for execution hereby is attached hereto marked Exhibit
"A" and made a part hereof.
PASSED AND APPROVED this
AttTEST:
az g5gy:
"City
1 a4
•
Cl�tkl
f
\
''m�..wi\P\\\\`S`\
`
;day of
APPROVED:
August
, 1990.
By: G!/4W4ra/!/ /// .si
Mayor
1
1
1
1,
1.
1
SIDEWALK IMPROVEMENTS
FOR
SOUTH COLLEGE AVENUE
7th STREET to 13th STREET
CD PROJECT No. E-273
1
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF FAYETTEVILLE, ARKANSAS
BID No. 90-32
COMMUNITY
DIRECTOR:
ADDRESS:
TELEPHONE:
{
JUNE, 1990
DEVELOPMENT DEPARTMENT:
Jan Simco
113 W. MOUNTAIN STREET
FAYETTEVILLE, ARKANSAS 72701
(501) 575-8261
4 MILHOLLAND COMPANY
-Engineering & Surveying
i 205. West Center Street
Fayetteville, Arkansas 72701
Telephone: (501) 443=4724
s
1
1
1
1
1
1
1.
1
1
1
.1
Advertisement for Bids
TABLE OF CONTENTS
Information for Bidders
B id Bond
B id for Unit Price or Lump Sum Contracts
4238-A
4238-B(R)
4238-E
4238-D
4238-C
Certification of Bidder Regarding Equal
Employment Opportunity 4238 -CD -1
Certification by Proposed Subcontractor Regarding
Equal Employment Opportunity 4238 -CD -2
Certification of Bidder Concerning Labor Standards
& Prevailing Wage Requirements 1421
Certification of Proposed Subcontractor Concerning
Labor Standards and Prevailing Wage Requirements 1422
Contract
4238-F
Bonding and Insurance Requirements (for Recipient
Information only) FMC 74-7 (B)
Performance & Payment Bond (In Conformance with
State Law)
Certificate of Owner's Attorney 4238-J
General Conditions 4238-S(R)
Supplemental General Conditions 4238-N(R)
Supplemental General Conditions
Opportunity Provisions
- Special
Equal
Supplemental General Conditions
Compliance with Air and Water Acts
- Certificate
of
Supplemental General Conditions - Special
Conditions Pertaining to Hazards
Federal Wage Decision, Minimum Wage
State Wage Determinination, Minimum
Technical. Specifications
Rates
Wage Rates
•
Part 8
Part 9
Part 10
,11,
`r1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
HUD -4238-A
(5-66)
(Rev.. 09-89)
ADVERTISEMENT. FOR BIDS
B id No. 90-32 Project No. E-273
OWNER: City of,Fayetteville
One sealed bid for Sidewalk Improvements and Fence Construc-
t ion Project for the City of Fayetteville will be received by the
Purchasing Department, City of Fayetteville, Arkansas at the
Purchasinq Department Office, City Administration Building,
Fayetteville, Arkansas, Room 307, until 10:30 a.m. C.D.S.T. July_
16, 1990, and then publicly opened and read aloud in Room 111 of
the City Administration Building.
The Information For Bidders, Form of Bid, Form of Contract,
Plans, Specifications, and Forms of Bid Bond, Performance and
Payment Bond, and other contract documents may be examined at the
following location(s):
Milholland Company,. Engineering & Surveying
205 West Center Street_
Fayetteville,_ Arkansas 72701
Copies may be obtained at the office of Milholland Company,
located at 205 West Center Street, Fayetteville, Arkansas 72701
upon payment of $100.00 for each set. Any unsuccessful bidder or
non -bidder, upon returning such set within 7 days after Bid Open-
ing and in good'condition, will be refunded $20.00.
The Owner reserves the right to waive any informalities or
t o reject any or all bids.
Each, bidder must deposit with his bid, security in the
amount, form,;and subject to the conditions, provided in the
Information for Bidders.
Attention of bidders is particularly called to the require-
ments as to conditions of employment to be observed and minimum
wage rates to be Paid under the contract. The OWNER is an Equal
Opportunity Employer. Community Development Block Grant Con-
struction Funds have been allocated for this project which is to
constitute 100% Federal Funding.
No bidder may withdraw his bid within 30 days after the
actual date of the opening thereof.
Date:
1
1
1
a
1
1
1'
1
1
1
1
1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD-9238-B(R)
INFORMATION FOR BIDDERS
1. RECEIPT AND OPENING OF BIDS
The CITY OF FAYETTEVILLE, ARKANSAS, (herein called the
"OWNER"), invites bids on the form attached hereon, all
blanks of which must be appropriately filled in. Bids will
be received by the OWNER at the office of the City Purchas-
ing Department, Room 307, until 10:30 a.ni. Central Daylight
Saving Time, July J%, 1990, and then be publicly opened and
read aloud in Room 111 of the City Administration Building.
The envelopes containing the bids must be sealed, addressed
to Peggy Bates, City of Fayetteville, City Administration
Building, 113 W. Mountain Street, City Administration
Building, Fayetteville, Arkansas, and designated as bid for
BID No. 90-32.
The OWNER may consider informal any bid not prepared and
submitted in accordance with the provisions hereof and may
waive any informalities or reject any and all bids. Any bid
may be withdrawn prior to the above scheduled time for the
opening of bids or authorized postponement thereof. Any bid
received after the time and date specified shall not be con-
sidered. No bidder may withdraw a bid within 30 days after
the actual date of the opening thereof.
2. PREPARATION OF BID
Each Bid must be submitted on the prescribed form and accom-
panied by Certification by Bidder Regarding Equal Employment
Opportunity Form HUD -4238 -CD -1. All blank spaces for bid
pricesmust be filled in, in ink or typewritten, in both
words and figures, and the foregoing Certification must be
fully completed and executed when submitted.
Each bid must be submitted in a sealed envelope bearing on
the outside. the name of the Bidder, his address, and the
Project name and Bid Number for which it is being submitted.
If forwarded by mall, the sealed envelope containing the bid
must be enclosed in another envelope addressed as specified
in the bid form.
1
1
1
1
1
1
1
1
1
1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD-4238-B(R)
INFORMATION FOR BIDDERS
3. SUBCONTRACTS
The Bidder is specifically advised that any person, firm, or
other party to whom it is proposed to award a subcontract
under this contract:
a. Must be acceptable to the OWNER after verification by
the HUD Area Office of the current eligibility status,
and
b. Must: submit Form HUD -4238 -CD -2, Certification by Pro-
posed Subcontractor Regarding Equal Employment Opportu-
nity.
Approval of the proposed subcontract award cannot be given
by the Owner unless and until the proposed subcontractor has
submitted the Certifications and/or other evidence showing
that it has fully complied with any reporting requirements
to which it is or was subject.
4 TELEGRAPHIC MODIFICATION
Any bidder may modify his bid by telegraphic communication
at any time prior to the scheduled closing time for receipt
of bids, provided that such telegraphic communication is
received by the OWNER prior to the closing time, and provi-
ded further, the OWNER is satisfied that a written confirma-
tion of the telegraphic modification over the signature of
the bidder was mailed prior to the closing time. The tele-
graphic communication should not reveal the bid price but
should provide the addition or subtraction or other modifi-
cation so that the final prices or terms will not be known
by the OWNER until the sealed bid is opened. If written
confirmation is not received within two days from the clos-
ing time, no consideration will be given to the telegraphic
modification.
5 METHOD OF BIDDING
The OWNER invites. the following bid(s):
"SIDEWALK, and FENCE IMPROVEMENTS for SOUTH COLLEGE AVENUE
from 7th STREET .to 13th STREET.
2
1
11
1
1,
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD-4238-B(R)
INFORMATION FOR BIDDERS
6. QUALIFICATIONS OF BIDDER
The OWNER may make such investigations as he deems necessary
to determine the ability of the bidder to perform the work,
and the bidder shall furnish to the OWNER all such informa-
tion and data for this purpose as the OWNER may request.
The OWNER reserves the right to reject any bid if the evi-
dence submitted by, or investigation of, such bidder falls
to satisfy the OWNER that such bidder is properly qualified
to perform the obligations of the contract and to complete
the work contemplated therein. Conditional bids will not be
accepted.
7. BID SECURITY
Each bid must be accompanied by cash, certified check of the
bidder, 'or a bid bond prepared on the form of bid bond
attached hereto, duly executed by the bidder as principal
and having as surety thereon a surety company approved by
the OWNER, in the. amount of 5% of the bid. Such cash,
checks, or bid bonds will be returned to all except the
three lowest bidders within three days after the opening of
bids,;and the'iemaining cash,rchecks, •qr bid bonds will be
..returned promptly after the OWNER and the accepted bidder
,have#Hexecutedi Ehel contract,.por if no award has been made
within..3.0,dayst-after the date I'of the opening of bids, 'upon
ll demand;of' theJUidder at any `time thereafter so long as he
�taslnot.been notified of the acceptance of his bid.
1!LIQUIDATED_DAMAGES )FOR FAILURE•.TO ENTER INTO CONTRACT ;.
The successful bidder, upon his failure or refusal to exe-
cute and deliver the contract and bonds required within 10
days after he has received notice of the acceptance of his
bid, shall forfeit to the OWNER, as liquidated damages for
such failure or refusal, the security deposited with his
bid.
3
s;
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD-4238-B(R)
INFORMATION FOR BIDDERS
9. TIME OF COMPLETION AND LIQUIDATED DAMAGES
B idder must agree to commence work on or before a date to be
specified in a written "NOTICE -TO -PROCEED" of the OWNER and
to fully complete the project within 30 consecutive calendar
days thereafter. Bidder must agree also to pay as liquida-
ted damages, the sum of $250.00 for each consecutive calen-
dar day thereafter as hereinafter provided in the General
Conditions.
10. CONDITIONS OF WORK
Each bidder must inform himself fully of the conditions
✓ elating t� the construction of the project and the employ-
ment of labor thereon. Failure to do so will not relieve a
successful bidder of his obligation to furnish all material
and labor necessary to perform the provisions of his con-
tract. Insofar as possible, the contractor, in performing
h is work, must employ such methods or means as will not
cause any interruption of or interference with the work of
any other contractor.
11. ADDENDA AND INTERPRETATIONS
N o interpretation of the meaning of the plans, specifica-
tions or other pre-bid documents will be made to any bidder
orally.
Every request for such interpretation should be in writing
addressed to Milholland Company, Engineering & Surveying,
205 West Center, Fayetteville, Arkansas 72701, and to be
g iven consideration, must be received at least five days
prior to the date fixed for the opening of bids. Any and
all such interpretations and any supplemental instructions
will be in the form of written addenda to the specifications
which, if issued, will be mailed by certified mail with
✓ eturn receipt requested to all prospective bidders (at the
✓ espective addresses furnished for such purposes), not later
than three days prior to the date fixed for the opening of
bids. Failure of any bidder to receive any such addendum or
interpretation shall not relieve such bidder from any obli-
gation under his bid as submitted. All addenda so issued
shall become part of the contract documents.
4
1
1
1.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD -4238-13(R)
INFORMATION FOR BIDDERS
12. SECURITY FOR FAITHFUL PERFORMANCE
S imultaneously with his delivery of the executed contract,
the Contractor shall furnish a surety bond or bonds as se-
curity for faithful performance of this contract and for the
payment of all persons performing labor on the project under
this contract and furnishing materials in connection with
this contract, as specified. in the General Conditions inclu-
ded herein. The surety on such bond or bonds shall be a
d uly authorized surety company satisfactory to the OWNER.
13. POWER OF ATTORNEY
Attorneys -in -fact who sign bid bonds or contract bonds must
file with each bond a certified and effectively dated copy
o f their power of attorney.
14. NOTICE OF SPECIAL CONDITIONS
Attention is particularly called to those parts of the con-
tract documents and specifications which deal with the
following:
a. Inspection and testing of materials;
b. Insurance requirements
c. Wage Rates.:
d . Stated allowances.
15. LAWS AND REGULATIONS
The bidder's attention is directed to the fact •that all
applicable State Laws, municipal ordinances, and the rules
and regulations of all authorities having jurisdiction over
construction of the project shall apply to the contract
throughout, and they will be deemed to be included in the
contract the same as though herein written out in full.
5
1
1
1
1
1
i
1
1
1
1
1
1
1
1
1
1
1
'1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD-4238-B(R)
INFORMATION FOR BIDDERS
16. METHOD OF AWARD - LOWEST QUALIFIED BIDDER
If at the time this contract is to be awarded, the lowest
✓ esponsible bidder does not exceed
e stimated by the OWNER as available
t he contract will be awarded on the
bid exceeds such amount, the OWNER
may award the contract on the base
deductible alternates applied in
t hey are listed in the Form of Bid,
as produces a net amount which is withinthe available
funds.
base bid submitted by a
the amount of funds then
to finance the contract,
base bid only. If such
may reject all bids or
bid combined with such
numerical order in which
17. OBLIGATION OF BIDDER
At the time of the opening of bids, each bidder will be pre-
sumed to have inspected the•site and to have read and to be
thoroughly familiar with the plans and contract documents
(including all addenda). The failure or omission of any
bidder to examine any form, instrument, or document shall in
no way relieve any bidder from any obligation. in respect of
MS bid.
6
1.
1
1
1
1
1
1
1
1
1
1
1
1
1
U .S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD-9238-B(R)
INFORMATION FOR BIDDERS
18. Safety Standards and Accident Prevention
With r• espect to all work performed under this contract, the
Contractor shall:
1. Comply with the safety standards provisions of applic-
able laws, building and construction codes and the "Man-
ual of Accident Prevention in Construction" published by
the Associated General Contractors .of America, the
✓ equirements of the Occupational Safety and Health Act
o f 1970 (Public Law 91-596).
2. Exercise every precaution al all times for the preven-
tion of accidents and the protection of persons (includ-
ing employees) and property.
3. Maintain, at his office or other well known place at the
job site, all articles necessary for giving first aid to
the injured, and shall make standing arrangements for
t he immediate removal to a hospital or a doctor's care
o f persons (including employees) who may be injured on
the job site. In no case shall employees be permitted
to work at a job site before the employer has made a
standing arrangement for removal of injured persons to a
hospital or a doctor's care.
7
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD-4238-B(R)
INFORMATION FOR BIDDERS
19. Each Bidder shall be responsible for obtaining from each
utility company and government agency all construction. stan-
dards, requirements, specifications, and construction costs
necessary to successfully complete this project. The suc-
cessful bidder shall be responsible for correlating all
phases of construction, including all utility companies and
government agencies involved in this project. The success—
ful bidder shall obtain from each said agency and/or company
a set of specifications and plans for the construction
required, and submit one (1) copy of each to the Community
d evelopment Department Director and to the Engineer prior to
the "Notice to Proceed."
20. The successful bidder shall be responsible for obtaining all
Bonds and Permits required by the Arkansas State Highway and
t ransportation Department, prior to the beginning of con-
struction. Send correspondence to: [WHEN APPLICABLE]
Arkansas Highway & Transportation Department
Attn: Mr. A. L. Holmes
D istrict 4 Engineer
P .O. Box 1424
Fort Smith, AR 72901
One (1) copy of -each bond and/or permit shall be submitted to the
Community Development Department Director and to the Engineer,
prior to the "Notice -to -Proceed."
1
1.
r
1
1
1
1
1
1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
BID FOR UNIT PRICE CONTRACTS
Place: S-CQL.w[.c- S'De-t-"Q^-
Date: Vf rb`cvo
Project No.: E-273.Bid .No. 90-32
Proposal of. %,D. Swtetset tnicl (hereinafter
called Bidder)* a corporation, organized and existing under the
laws of the State of Ara.c“1/4..t5r4S ,* a partnership, *or an
individual doing business as•
To the COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF FAYETTE-
VILLE, ARKANSAS, hereinafter called OWNER.
Gentlemen:
The Bidder, in compliance with your invitation for bids for the
construction of SOUTH COLLEGE SIDEWALK, PROJECT No. E-273, 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, and to
construct the project in accordance with the contract documents,
within the time set forth therein, and at the prices stated here-
in. These prices are to cover all expenses incurred in perform-
ing 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 specified in a written "NOTICE -TO -PROCEED"
of the Owner and to fully complete the project within 30 consecu-
tive calendar days thereafter as stipulated in the specifica-
tions. Bidder further agrees to pay as liquidated damages, the
sum of $250.00 for each consecutive calendar day thereafter.
1 Bidder acknowledges receipt of the following addendum:
1
1
1
1
Bidder agrees to perform all the work, described in the
specifications and shown on the plans, for the following unit
prices: -
*Insert corporation, partnership, or individual as applicable.
HUD -4238D (2-69) Replaces CFA -238-D which is obsolete
1
1
1
1�
1
1
1�
1
1
1
1
1.
1
J
1
1
CONSTRUCTION BID ITEMS
SOUTH COLLEGE SIDEWALK IMPROVEMENTS
1. Construction earthwork, in accordance with plans and specifications
for said project: NO TREE LARGER THAN 2-1/2" DIAMETER SHALL BE
REMOVED, EXCEPT THOSE MARKED BY THE CITY'S REPRESENTATIVE. Trees to
be removed shall be marked by City in presence of Contractor. All
trees shall be trimmed to a height of 8 V.F. above ground.
A. Clearing, grubbing, fence removal, disposal, backfill and
r backslopping, classified & unclassified excavation, approx.
300 C.Y., of which is to be used as on-site fill material
at the direction of the Engineer within the limits of the
project; 300 C.Y. @ S x-{-6(15,1-4oF" l�yµweto
bOLL,w.Q5 ($ rf SOt) c0 ) per L . S . -$ 6,50o
Compacted "hillside" sub -base material from OFF SITE
(Off-site identified as material purchased from other
than the Owner), 500 Truck Yards @ 5tx DOL -IRS
(S 6 e2°) per T.Y.-8300c•00
C. Subsidiary to Item 1.A above are the following:
1. Unclassified backfill with excavated materials;
2. Backslopping with excavated top soil;
3. Seeding, fertilizing, and strawing all cut and
filled backslopped and ditched areas relative to
the project;
4. Use of existing suitable classified material for
site selected fill material within the project's
street right-of-ways;
5. 'Removal and disposal of shrubs, bushes, trees,
buildings and other items within the right-of-way
necessary for construction;
6. Dispose of excess excavated materials.
* Truck tickets must be signed by Engineer's representative with date,
station: location and use.
2. Saw Cut, remove and dispose of existing curb and gutter for
new Curb and Gutter, Drive and Sidewalk Ramps and Drop Inlet
-.260 L.F. @ oME 11k-10us, 1P tt+a E, I+QNbn(D bo1Lne3
($ /3GY »a ) per L.S.-$ f300Ao0
0
SIDEWALK CONSTRUCTION: Sidewalk shall be constructed at locations
designated and staked by the City of Fayetteville's Representatives.
Staking shall be after all clearing, grubbing, fence removal and new
fence construction. Sidewalk shall be constructed a minimum of two
(2') feet from all trees•and fences, unless approved by the City's
Representative. Sidewalk shall be staked by the City's Representative
in presence of the Contractor and Engineer.
Construct 4" thick by 5' wide concrete walk per plans - 1970 L.F. @
Elc,.ktr Prvq . o aak.t.wrz5 50
($ ,g•Ja—. ) per L.F.-$ /7,2`37
1.1
4. Construct 6" thick concrete drive ramps 70 S.Y. @
Twerjr 7,40 bog -LAI -0_5 ($ as 0"
) per S.Y.-$ /5110'20
STREET CONSTRUCTION PER PLANS:
A. Sta. 17+00 to Sta. 18+00: Construct 2' wide concrete
curb and gutter - 100 L.F. @ TE rg DoLL^R S
($ /0.°= ) per L.F.-$ 4000
6. STORM SEWER CONSTRUCTION PER PLANS:
00
A. Sta. 17+83: Construct reinforced concrete headwall - 1
each @ SG-q6N 14-ornyzet CboLLaac
( $ 700• ) per each-$ JOp o0
-
B . Sta. 17+83: Construct reinforced concrete drop inlet -
1 each @ o -ie. 'rtfovy+•.,o two (4-D Vuucn.50
($ /0200. °° ) per each-$ (200. o
C. Sta. 17+83: Construct 18" CMP drainage pipe from Drop
Inlet to 20 L.F. West of curb - 20 L.F. @
-(-wc-nsi-, F .n- oowaw5 ($ 25:S" ) per L.F.-$ 500'0°
7. FENCE CONSTRUCTION: Fence shall be constructed on new Street Right -
o f -Way as staked by Engineer.
A. Construct new four (4') feet high woven wire fence
with two (2) barbed wires on top with metal posts
to`AHTD Standards, using 6" treated wood posts for Brace,
Corner andGatePosts - 1800 L.F. @
144FEE APO) 'e [iet-ug25 ($ .3•4-1° ) per L.F.-$ 430°.
Construct four feet (4') high 11.5 gauge hot dipped
galvanized steel wire with 1 5/8" O.D. Steel Line Posts,
with a four feet wide (4') gate of side wire with 2 3/8"
O .D.. Steel Top Rails for both fence and gate; TOTAL
fence and gate, 50 L.F. @ gwe 0ou"Q5 00
($ S. ) per L.F.-$ a5°'
co
9. RELOCATE EXISTING PILLAR: Construct a Concrete Footing 8'
"X" 8' "X" 18" Thick and Relocate existing pillar on said
Footing, Level with Plaque at 45 degrees to College Avenue o0
@ oNe 17+0usArJb 1)o1-4AV1.1 ($ /OOO ) per L.S.-$ IOW
***************************************************************************
50
TOTAL CONSTRUCTION FOR SIDEWALK IMPROVEMENTS $ 0,52.7
1
1
1
1
1
1
1
1
1
1.
1
1
1;
SOUTH COLLEGE SIDEWALK IMPROVEMENTS.
SUMMARY OF SID ITEMS
TOTAL PROJECT CONSTRUCTION COST $401517"t9
CaW_Cf 7/16190 pg.
1
1
1
1:
1
1
1
1
1
1
1
1
1
1
1'
1,
•
ALTERNATE PROPOSALS:
Alternate No. 1:
Deduct the sum of ($
Alternate No. 2:
Deduct the sum of
Alternate No. 3:
Deduct thesum of
UNIT PRICES:
HUD - 4238C (8-66)
(S
(S )
For changing quantities of work items from those indicated
by the contract drawings upon written instruction from the
Engineer, the following unit prices shall prevail:
1.
2. S
3. $
(Amounts are to be shown in both words and figures. In case
of discrepancy, the amount in words will govern:)
The above unit prices shall include all labor, materials,
bailing, shoring, removal, overhead, profit, insurance, etc., to
cover the finished work of'the several kinds called for. Changes
shall be processed in accordance with Paragraph 17(a) of the
General Conditions.
Bidder understands that the Owner reserves the right to
reject any and all bids and to waive any informalities in the
bidding.
The Bidder agrees that this bid shall be good and may not be
withdrawn for a period of 30 calendar days after the scheduled
closing time for receiving bids.
Upon receipt of written notice of the acceptance of this
bid, Bidder will execute the formal contract attached within ten
(10) days and deliver a Surety Bond or Bonds as required in
Paragraph'29 of the General Conditions.
1
1 1
1
1
1
1
1
1
1
11
1
1.
1
1
1
1
1
The security attached in the sum of
is to become the property of the Owner in the event the contract
and bond are not executed within the time above set forth, as
liquidated damages for the delay and additional expense to the
Owner caused thereby.
(SEAL - if bid is
by a Corporation)
HUD 4238C (8-66)
By:
Respectfully suitted:
i
(8igfiarure
v/GF ?Res( 2:11
(Title)
get 5uiLtac/sFe
590 4€9' Voac.AZ, Fw,?Lvnuc Aar., -1 l0 3
(Business address E. ZIP Code)
1
1
1
1r
Ztrtitt
4<i;fgasr<lgo,,rpaw;y siffeinItrtgi(n,
LNITED STATES FIDEL
KNOW ALL MEN BY THESE PRESENTS:
THAT
4.:9;n 'ilA"\4n:fff
BID BOND
Jerry D. Sweetser, Inc.
1,r
'4M
ARANTY COMPANY
BOND NUMBER
of k'.4yettey.i.l.le.. AR
""--as-Principal,—and UNITED STATESFIDELITYAND`
GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto
City of Fayetteville, Fayetteville, AR
as Obligee, in the full and just sum of
Five Percent (5%) of Bid
Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal is herewith submitting its proposal for furnishing all labor and
materials for sidewalk improvement between 7th Street and 13th
Street. Community Development Project E273 City of Fayetteville,
AR in accordance with plans and specifications of Milholland
Company, Engineers, Fayetteville, AR 72701
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the
time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of
...-the contracts -then thisobligationto be void;otherwise'the-Principal-and- Surety -will pay unto the Obligee thedifferencein money between
the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work
if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof.
Signed, sealed and delivered
July 16, 1990
(Date)
Jerry D. Sweetser1 Inc.
.[Y
(SEAQ
N"I$EAU
siderunITED STATES FIDELITY AND GUARANTY CO APMCO APM NYti _ 34
-7
M 1E3
1 ; 2'?
eAttoroey-in-f- ..
• P4." ;,tr
Ali.44.0Alt Sb ikN`JK. il..ill+.1.ii.:it\``Vi!SM.k.Aiirh(.l'T.Yllii (tt'
Contract 11
(Revised) (1-74) }
Robert M. Davis
SteldidttaVilliKafriifitI4n, _:;t
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No. 100117
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Robert M. Davis
of the City of Fayetteville
its true and lawful attorney
•
in and for the State of
State of
Arkansas
Arkansas
for the following purposes, to wit:
To sign its name as surety_to andlp execute,seal and acknowledge ,any ,and all bonds, and._to.respectivelyda_and<perform_any_aad
all acts and things set forth+in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY, AND. GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and' whatsoever the said
Robert M. Davis
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by thesignatures of its Vice -President and Assistant Secretary, this 31st day of
DeCanber A. D.19 87
(SEAL)
STATE OF; MARYLAND.
ss:
BALTIMORE CITY,_ _ _
(Signed)
(Signed)
UNITED STATES FIDELITY AND GUARANTY COMPANY.
my W,J,D, Saflervi.11e, Jr.
Vice -President.
Douglas R. Bowen
Assistant Secretary.
On this 31st day of - De�i�Er , A. D.1987, before me personally came.
W.J.D. SQltervi.11e, Jr. , Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Douglas R. Bowen . Assistant Secretary of said Company, with both of
whom 1 am personally acquainted, who being by me severally duly sworn, said that they, the said W.J.D. Sa erville, Jr.
and Douglas R. Bowen were -respectively the Vice -President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors ofsaid corporation, and that they signed their names thereto by like order as Vice -President
and Assistant Secretary, respectively, of the Company.
My commission expires the first day in July, A.D. 19 90
(SEAL)
(Signed)
Margaret M. Hurst
Notary Public.
Ye 0-
I
I
TI
I
I
•dlelalaas lfo ntsd
................... 0.............................. .....
97r
(alga)
0661 '91 kTnr U0AMVdNOD
A,LNVBVfI0 QNV A.LI13GId S3.LV•LS Q3.LINf1 ayi Jo leas aqi pug pueq dm las otunaiaq aney I 'joatayy Ruowj;say uj
•8unaaw pies Jo sainu!w ayl u; papaoaai se joaiagl alopp aql pue 'uo!iniosai
p!es jo ddoa 7aauoa pue anal a s! Eu!o2alo} aqi nip pun `luasald sum Sloiaai!a jo pigog ayl p wnionb a 8u!laaw g3!9M 1g '186I 'lagwanojl
jo Lop giSZ ayi UO 'alowp[eg JO !l!1 ayi cq duudwo3 aqi jo aayjo aqi in plat{ pun paljea djnp 'duedwo0 plus Jo siolaaa!Q jo pieog
aqi Jo Supaaw iejnSai a in paldops uoilnlosal n jo aauensand u! uan!8 sus daulal4V }o laMod p!es lgg1 LJ!uaa iaglanj op I puy
'laapa pue aaioj jnj w jjps s! pug payonai uaaq ianau seq daiuolie Jo iasod ga!4M 'y110J
las u!alagi se spuoq u8!a of u 8wlasodwa pue 8u!z!loginn ` Sf?SI12�[SFj a2L L EAe13a& d jo
SCA32a N 4.Tdgou 01 dundwo0 p!es dq
uan!8 dau¢one Jo laMod jeU!80 aqi }o Adoo 1391103 pue anti 'jjnJ a s! 8u!oSaio} aqi legl dj!uaa dgaiaq °p 'ANVdK0D ALNVIIVfL0
QNV A.LI13QId S3.LV.LS Q3.LINf) aqi Jo Aietaiaas luo1s!ssy Be' I. 1o.n o •N Se3lliej 'j
•awns aqi jo layila Jo ainleu aqi u! 8u!yiduu io '8unjeiiapun io 'uo!ielnd!ls 'uo!1eSggo 'aouez!u8oaai 'puoq Bans due tq £0J pap!nold aq horn
3!{M suo!i!puoa Aug io Eu!gidue jo u!op IOU lo.8u!op 341 103 pauo!t!puoa •1aAaoslegM.san!aedeo jle,pue.4U8 u! 'ianao€legM uonez!u9210
1a uonn!aosse zayto io dlgnd!a!unw 'lsaiai0! 'aayjo 'Apoq 'uo!leiodioa 'suosiad to uosiad Aug io; to dq 'Jo uo!laalold io dlpnaas aql 103
papioaai i° pajy 'paldaaae 'palapual 'uan!8 'uayet 'apew 'palnaaxa aq of pail!wiad to pannbu 'pasoj!g aq 'as!Miaglo io jed!a!unw 'juaol
`laagjo io aagjo 'uonezlue2lo 'Apoq 'pieoq Aug jo uonaiasip 10 aapaeld 'swoisna `slaplo •suopeln2al 'sajni aq* dq is 'epeue0 )° sauoiluai
in saauinold 941 Jo 10 salel3 pal!ufl alp Ja dlo !uaj, I0 aielS Aug jo io saleis pai!ul aqi Jo alniels due dq io 'as!Miaglo io !edp!unw
'Mel Aq dew io ale ga!gM 'awes aqi jo lagi!a Jo alnleu ayl u! 8uigldue io sdupleuapun 'suo!lejndps •suopnd!Igo 'saaunz!u2oaai 'spuoq
Ile pue Aug jo Suap1pu03 alp aazuuiiuno pue alnaaxa of siva8e io iva a l0 '1agJ'ULsda W%le 10 daniolle Si! se pue aweu si! u! 'osj y
pue'paMorle
Mel dq to 's2u!paaaozd io suopag Ile u≤ paluuuad 10 pai!nbu 's8unjeliapun pun spuoq 8u!aaiuelen8 so 2u!inaaxa pue salallod aouemsw
ueyl iaglo sWenuoa }o saauewiojiad ayl 8waaivaian8 'lsnll alenud io a!Ignd Jo suop!sod 8u!pJoq suosiad jo di!Iapg aqi 8u!aaweien8
slaejluaa qe pue Aug lan.lap pun ainaaxa 01 'lae sic se pue aweu sl! U! 'duedwo3 pies Jo slua8n to iva8e io 'iaej•w-sdauioua 10 dauioile se
suosiad io uosiad Aug lwodde of 'lgas aieiodioa sl! iapun 'sallelaiaas iuels!ssV s11 Jo auo io diglalaas sl! yl!M uonaunfuoa u! swap!sald
•aa!A s1! JO iagl!a io luap!said si! iaModwa pun az!aogine 'saop dgaiaq 1! pue 'op duedwo0 sly imp 'paajosay ;j aq 'aiojatay,y
!gpegg0 Jo sa!101!iiai pug
saauiAoid ay1 ui pun galels pai!uf ayi Jo sa!iolui9y alp u! pug 'punldinw uRip lagio salel3 ut aweu en u! pun 1c 103 iae al dluoginu pun
iamod yi3M sdauioiie pue sivaft lu!oddo duedwo0 siyi will ssau!snq J° uo!laesuei1 jenloafa aqi 101 dlessaoau s! itsuaaagM ;wjy i
NOLLR1osau dO Adoo e. '"%"•
I
I
I
I
I
I
I
I
I
I
I
HUD -4238 -CD -1
(6-66)
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
Instructions
This certification. is required pursuant to Executive Order 11246 (30 F.R.
12319-25). The implementing rules. and regulations provide that any bidder or
prospective contractor, or any of their proposed subcontractors, shall state as
an initial part of the bid or negotiations of the contract whether it has
participated in any previous contract or subcontract subject to the, equal
opportunity clause; and, if so, whether it has filed all compliance reports due
under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance
report due under applicable instructions, such bidder shall be required to
submit a compliance report within seven calendar days after bid opening. No
' contract shall be awarded unless such report is submitted.
CERTIFICATION BY BIDDER
Bidder's Name: .t. S'C--nc--'Q ,INc,
Address: 50)0 wetcr fopuA1Z 5T. FA, %eurTVt0Lw 1�a biti
' _ 7 72-703
1. Bidder has participated in a previous contract or subcontract subject to
the Equal Opportunity Clause. Yes_ No
' 2. Compliance reports were required to be filed in connection with such
contract or subcontract. Yes No
' 3. Bidder has filed all compliance reports due under applicable instructions,
• including SF -100. Yes X No None Required
' 4. If answer to item 3 is "No," please explain in detail on reverse side of
this certification.
CERTIFICATION - The information above is true and complete to the best of my
' knowledge and belief.
WIILIwM (r• Swg6iS62, VICE ?eeslDE,av-'
Title of Signer (Please Type)
4?6f Rb
Signa�ure Date
I]
HUD -4238 -CD -2
(2-67)
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
i
Name of Prime Contractor Project Number
' Instructions
This certification is required pursuant to Executive Order 11246 (30 F.R.
12319-25). The implementing rules and regulations provide that any bidder or
prospective contractor, or any of their proposed subcontractors, shall state as
an initial part of the bid or negotiations of the .contract whether it has
' participated in any previous contract or subcontract subject to the equal
opportunity clause; and, if so, whether it has filed all compliance reports due
under applicable instructions.
' Where the certification indicates that the bidder has not filed a compliance
report due under applicable instructions, such bidder shall be required to
submit a compliance report within seven calendar days after bid opening. No
' contract shall be awarded unless such.report is submitted.
SUBCONTRACTOR'S CERTIFICATION
Subcontractor's Name: _
Address:
1. Bidder has participated in a previous contract or subcontract subject to
the Equal Opportunity Clause. Yes No
2. Compliance reports were required to be filed in connection with such
contract or subcontract. Yes No
' 3. Bidder has filed all compliance reports due under applicable instructions,
including SF -100. Yes No None Required
' 4. If answer to item 3 is "No," please explain in detail on reverse side of
this certification.
' CERTIFICATION - The information above is true and complete to the best of my.
knowledge and belief.
Name and Title of Signer (Please Type)
I.
Signature Date
1
I
I�V.5. GCPAR1 M,nt C n_:: S:NV AN _•!tan -c�L: •rtN 1
COMMUNITY DEVELOPMENT BCGCR GRANT PROGRAM
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (tlppmprl,IR Renpvml: DATE
Pao Jrct NVMBER !II aT)
' C/O
P aOIECT M.ME
1. The undersigned, having executed a contract with
for the construction of the above -identified project. acknowledges that:
(a) The labor Standards provisions are included in the aforesaid contract; -
(b) Correction of any infractions of the aforesaid conditions. including infractions by any of his subcontractors and
any lower tier subcontractors, is his responsibility;
'• 2. He certifies that: _ _
(a) Neither he nor any firm• partnership or association in which he has substantial interest is designated as an
ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulailons
of the Secretary of Labor. Part 5 (29 CF R. limit 5)or pursuant to Section 3(a) of the Davis -Bacon Act, as
amended (40 O.S.C. 276u -2(a)).
(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such sub-
contractor or any firm• corporation, partnership or association in which such subcontractor has a substantial
t interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory at statutory
provisions.
3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution ofanysubcontract,
including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification
Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors.
4. He certifies that:
' (a) The legal Rome End the busiest% address of the undersigned are:
L-2sQ'f V. Swcane2 IZ^LC.
5°fcO W. Po&LAk sr. F 11'EfTb1JL(l EpAz)<, "7i -7o3
' (b) The undersigned is:
tll A SINGLE PROPRIETORSHIP Ill A CORPORATION ORGANISED IN THE STATE OP
A RluarL SA S
121 A PARTMERlMIP Iq DINER ORGANIZATION (Descnde)
' (c) The name, titre and addnls of the owner, partners or officers of the undersigned art:
' NAME TITLE ADDRESS
)950 3asDbP,tc .Cs i&
J Ef2Q.'l - StG--156(2 C'sdES11J(r'MY �yA Yuri, rnt.I4 p a2 I �/z7o (
2053 fwaLLS"S
'
W •ll'.p� , G• Swbeni-i Vicb E��tstL,(, lr F �vcLra.+L ( IA3a,c �zzol
1
• HUD-ua le-�s: •' 17 -
(dl 1 h. nerves and odmtsm, al all other piisuns, bvh notu•ol and cogarate, hay Ihp a svbsiann ul interest in the vndovgned,
and the no lute of the En I prnl ore pYf n n,....,
nom( AOORE5S NATURE OI INTEREST
(a) The naetos, addresses and Iode classifications of all allow budding constrectios eootraclen in which the undwsigned has
a sub,lantial interest are !If non., so surek
RAYe AOOwus TRADE CLASSIFICATION
sly sWGe-rso-'Q1AtNL
II I b ) y0 tca,aaae.
Date
By �
WARNING
V.L Csloolml Cod. Section 1010, Till. 13, V.S.C.. provide• in oar: 'Wbossn, .... etYes: Pees^• oilers or publishes env
slleaent. boosting he srs to be false ..... shalt be fined not ewre Jean SS,O or imorismed not more men two vesrs, at twin.,,
-18-
I
!' U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
• C DMMCNITr DEVELOPMENT BLOCK GRANT PROGRAM
' SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO(.Ippsopnaic Rrnp+enl): DATE
' PROJECT NUMBER If any/
c/a
PROJECT "AMC
Ii. The undersigned, having executed a contact with
(LPlN.+oe Of )a actin VQ[Io.J
for
f}nwrr of Nv.a
' in the amount of S
In the construction of the above•identlhed project, certifies that:
(a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract.
(b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is
designated as an ineligible contractor by the Comptroller General of the United States pursuant toSectlon 5.6(b)
of the Regulations of the Secretary of Labor. Part 5 (79 CYR. Parr 3), or pursuant to Section 3(a) of the Davis.
, Bacon Act, as amended (10 U.S.C. 2 6a -2(a)).
(c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such
subcontractor or any firm, corporation, partnership or association in which such subcontractor has a
' substantial interest is designaed as an ineligible contractor pursuant to the aforesaid regulatory or
statutory provisions.
2. He ayees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution
' at any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Require'
meets, executed by -the lower tier subcontractor, in duplicate.
(a) the workmen will report for duty on or about
I llmd
3. He coniftes shot:
(a) The legal name and the business address of the undersigned are:
(b) The unders+gned is:
'I) A SINGLE PROPRICTORS"IP: III A CORPORATION ORGAN:ZCD IN THE ST ATCOP:
Ill A PARTNERSHIP, Ii OTHER ORGANIZATION (Describe)
(c) The name, title and address of the owner, perinea or officers of the undersigned an:
NAME TITLE ADDRESS
1l
I
1 nuo-I'}] la
I - 19
I
' (d) The names and addresses of all ether pmm.rz, baih "'oral sad corpanra, having a substentnl Interest in the undersigned,
end the nature of the interest are!!) sore, to state':
"AMC r.DOnIS wl?Ywl OrisTtwe]T
i
i
' (a) The times, addresses and trade classifications of all other building :eeatnctioa cetarwlan is which the undersigned has
a subatwtiel Interest an fit nee. to Inn/:
stuaa ADONDea TatlOt C"511IFICATION
I.
1
' (iabco.uerrtl
1
(5pwod (Typed 9re "d Titld
I
U.S. Gsbal Ca4. $ectlon 1010, Title It, U.S.G. paid" so tart •Thew.,..... aeleor poem", anon, or publishes any
siteaent, knowing the era to be false..... shell ho flared Mae" a►Y S!.OW w tapnaral as Ya set Iwo rearm, ae bah.••
t
-20-
I
oe merw
HUD -4238-F
(6-66)
CONTRACT
THIS AGREEMENT, made this 7 day of
Al40145�— 19gQ, by
and between Gi-I-y nP Pyi-✓IIP, herein called
(Corpo ate Name of Owner)
"Owner," acting herein through its
(Title of Auth6rized Official)
and TPrr 1). n/p i SPr Ti. .
/�i
STRIKE OUT (a corporation) (a partnership)
INAPPLICABLE (an individual doing business as
TERMS I i
of �qJP� �y�� County of and and State of
Ar/Vian.SaS hereinafter called "Contractor."
WITNESSETH: that for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR
hereby agrees with the OWNER to commence and complete the construction
described as follows:
SOUTH COLLEGE SIDEWALK IMPROVEMENTS
7th to 13th Streets
Fayetteville, Arkansas
hereinafter called the PROJECT, for the sum of
Fi✓P �ur cJra4 r/Pr4y urr, &D/oo Dollars ($ 'Jo, 527. 5e l) ) and
all extra work in connection therewith, under the terms as stated in the
General and Supplemental Provisions of the Contract; and at his (its or their)
own proper cost and expense to.furnish all the materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other accessories and
services necessary to complete the said Project in accordance with the
conditions and prices stated in the Proposal, General Provisions, and
Supplemental Specifications of the Contract; the plans, which include all maps,
plats, blueprints, and other drawings and printed or written explanatory matter
thereof; the specifications and Contract Documents therefore as prepared by
Milholland Company, Engineering & Surveying, herein entitled the Engineer, all
of which are made a part hereof and collectively evidence and constitute the
contract.
The Contractor hereby agrees to commence work
under this
Contract on
or
before a.date to be specified in a written "Notice
to Proceed"
of the Owner
and
to fully complete the Project within consecutive
calendar
days
thereafter. The Contractor further agrees to pay,
as liquidated damages,
the
sum of $ for each consecutive calendar day
thereafter
as hereinafter
provided in Paragraph 19 of the General Conditions..
The OWNER agrees to pay the CONTRACTOR in current funds for the performance
of the Contract, subject to additions and deductions, as provided in this
Contract, and to make payment on account thereof as provided in Paragraph 25,
'Payments to Contractor,' i of the General Conditions.
' IN WITNESS WHEREOF, the parties to these presents have executed this contract
in six (6) counterparts, each of which shall be deemed an original, on the day
' and year first above mentioned.
L
I
I
I
I
I
I
I
L
[_1
I
I
(SEAL)
Attest:
S etaey 5heg,vyAT
C,'4y C(cmk
Witness
(SEAL)
Att t:
S cretary
W ess
(Print or type names underneath all
signatures)
Fl/e4t-VI ?I P_
Owner / /
By
uj;rlra», V. mact,n
Moyer
Title //
/13 Gt). f1'la nta ti
&'/r I / e. v, ' l l e. , A -R 7A 7cD/
Business Address and ZIP Code
jen D Su/E �S t'Tt .ma c
CntrrY
By
OJII Lla." 6 exerl:��
di« P2c$fV15 �
Title
570 a) fi$/ 4
Cgf tit/ AR 72703
Business Address and ZIP Code
NOTE: Secretary of the Owner should attest
Secretary should attest.
If Contractor is a corporation,
I
FEDERAL MANAGEMENT CIRCULAR 74-7
I. Attachment B
BONDING AND INSURANCE REQUIREMENTS
A State or local unit of government receiving a grant from the Federal
Government which. requires contracting for construction or facility improvement
shall follow its own requirements relating to bid guarantees, performance
bonds, and payment
bonds
except for
contracts exceeding
$100,000. For
'
contracts exceeding $100,000,
the minimum
requirements shall be
as follows:
' A. A bid guarantee from each bidder equivalent to five percent of the bid
price. The bid guarantee shall consist of a firm committment such as a
bid bond, certified check, or other negotiable instrument accompanying a
bid as assurance that the bidder will, upon acceptance of his bid, execute
such contractual documents as may be required within the time specified.
' B. A performance bond on the part of the contractor for 100 percent of the
contract price. A performance bond is one executed in connection with a
contract to secure fulfillment of all the contractor's obligations under
such contract.
C. A payment bond on the part of the contractor for 100 percent of the
contract price. A payment bond is one executed in connection with a
contract to assure payment as required by law of all persons supplying
labor and..material in the execution of the work provided for in the
contract.
1
Li
I
Ii
I
I
I
I
I
HUD -4238-J
(2-66)
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
1
CERTIFICATE OF OWNER'S ATTORNEY
I, tthe undersigned; Terry E. (2rsa the duly
authorized and acting legal representative of c ;-i-y -r F-nyka e- vl�)P,
, do hereby certify as follows:
' I have examined the attached contract(s) and surety bonds and the manner of
' execution thereof, and I am of the opinion that each of the aforesaid
agreements has been duly executed by the proper parties thereto acting through
their duly authorized representatives; that said representatives have full
power and authority to execute said agreements on behalf of the respective
parties named thereon; and that the foregoing agreements constitute valid and
legally binding obligations upon the parties executing the same in accordance
with terms, conditions and provisions thereof.
' Date: S-2S-io 4 2
Signa ure
I
I
I
11
I
I
I
' HUD -4238-51R)
I
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Development Block
Grant Program
GENERAL CONDITIONS
1. Contract and Contract Documents
' The project to be constructed pursuant to this contract will be financed with
assistance from the Department of Housing and Urban Development and is subject to
I. all applicable Federal laws and regulations.
The Plans, Specifications, and Addenda, hereinafter enumerated in Paragraph 1 of
the Supplemental General Conditions shall form part of the contract and the
provisions thereof shall be as binding upon the parties hereto as if they were
herein fully set forth. The table of contents, titles, headings, running
headlines and marginal notes contained herein and in said documents are solely to
' facilitate reference to various provisions of the contract documents and in no
way affect, limit, or cast light on the interpretation of the provisions to which
they refer.
CONTENTS*
1. Contract and Contract Documents 36. Stated Allowances
2. Definitions 37. Use of Premises & Removal of Debris
3. Additional Instructions & Detail Drawings 38. Quantities of Estimate
4. Shop or Setting Drawings 39. Lands & Rights -of -Way
5. Materials, Services, & Facilities 40. General Guaranty
' 6. Contractor's Title to Material 41. Conflicting Conditions
7. Inspection & Testing of Materials 42. Notice & Service Thereof
8. "Or Equal" Clause 43. Required Provision Deemed Inserted
' 9. Patents 44. Protection of Lives & Health
10. Surveys, Permits & Regulations. 45. Subcontracts
11. Contractor's Obligations 46. Equal Employment Opportunity
12. Weather Conditions 47. Interest of Member of Congress
13. Protection of Work & Property - Emergency 48. Other Prohibited Interests
14. Inspection 49. Use Prior Owner's Acceptance
15. Reports, Records & Data 50. Photographs
16. Superintendence by Contractor 51. Suspension of Work
17. Changes in Work 52. Anticipated Fringe Benefits
18. Extras 53. Overtime Compensation
19. Time for Completion & Liquidated Damages 54. Apprentices/Trainees
' 20. Correction of Work 55. Employment Prohibited
21. Subsurface Condition Found Different 56. Compliance with Anti -Kickback Act
22. Claims for Extra Cost 57. Classifications Not Listed
I
23. Right of Owner to Terminate Contract 58. Fringe Benefits Not Expressed
24. Construction Schedule & Periodic Estimates 59. Posting Wage Rates
25. Payments to Contractors 60. Complaints, Proceedings or Testimony
26. Acceptance of Final Payment as Release 61. Claims and Disputes
' 27. Payments by Contractor 62. Questions Concerning Regulations
28. Insurance 63. Payrolls and Records
29• Contract Security 64. Specific Coverage
30. Additional or Substitute Bond 65. Ineligible Subcontractors
31. Assignments 66. Provisions to be Included
32. Mutual Responsibility of Contractors 67. Employment: Practices
33. Separate Contracts 68. Contract Termination; Debarment
'
34. Subcontracting *Attachment to Federal Labor Standards
35. Architect/Engineer's Authority Provisions
1 H.
I
I
I
I
I
I
I
I
I
C
I
Index of General Conditions
Subject Section
Accident Prevention . . . .
Additional Bond . . . . . .
.
Additional Instructions . .
*Allowances. . . . . . . . .
Anti -Kickback Act . . . . .
Apprentices/Trainees. . . .
Architect's Authority . . . . .
. .
Assignments . . . . . . . . . .
. .
Bond, Security. . . . . .
.
Bond, Security; Additional. . .
. .
Changes in Work . . . . . . .
.
Claims fo Extra Cost. . . .
Completion Time . . . . . .
Complaints, Proceedings or
- Testimony . . . . . . . . .
.
Condition, Subsurface . . . . .
.
Conflicting Conditions. . .
Construction Schedule . .
Contract Documents. . . . .
Contract Security . . . . . . .
. .
Contractor's Insurance. . .
Contract Termination. . . .
Contractor's Mutual Responsibility.
Contractor's Obligations. .
Claims and Disputes . . . .
Contractor's Title to Material.
. .
Classifications Not Listed. .
.
Correction of Work. . . . . . .
. .
Damages, Liquidated . . . .
Data, Reports and Records .
Debarment; Breach of Labor
Standards . . . . . . . .
Debris Removal. . . . . . .
Definitions . . . . . . . .
Detail Drawings . . . . . .
Different Subsurface. . . .
Discrimination, Employment.
Drawings, Detail. . . . . .
Emergencies. . . . . . . .
Employment Practices. . . .
*Equal Employment Opportunity.
Estimated Quantities. . . .
Extras. . . . . . . . . . .
Final Payment . . . . . . .
*Guarantee, General. . . . .
Inspection. . . . . . . . '.
Inspection of: Materials . . . .
.
Insurance . . . . . . . .
Lands and Rights -of -Way . .
Legal Provisions, Implied
Liquidated Damages. . . .
Materials . . . . . . . . . .
Member of Congress. .
Nondiscrimination, Employment
Notice and Service. . . . . .
.
44
30
3
36
56
54
35
31
29
30
17
22
19
60
21
41
2i
29
28
68
32
61
6
57
20
19
15
68
37
2
3
21
46
3
13
• 67
46
38
18
26
• 40
14
7
28
• 39
• 43
• 19
5
47
• 46
• 42
Subject Section
Obligations of Contractor . . .
.
11
"Or Equal" Clause . . . . . . .
.
8
Overtime Compensation . . . . .
.
53
Owner's Right to Terminate. . .
.
23
Patents . . . . . . . . . . . .
.
9
Payments by Contractor. . . . .
.
27
Payments to Contractor. . . . .
.
25
Payrolls and Records. . . . . .
.
63
Periodic Estimates . . . . . .
.
24
Permits, Surveys, Regulations .
.
10
Photographs . . . . . . . . . .
.
50
Posting Minimum Wage Rates. . .
.
59
Prohibited Interests. . . . . .
.
48
Protection of Lives and Health.
.
44
Protection of Work, Property. .
.
13
*Provisions Required by Law. . .
.
43
Quantities of Estimate. . . . .
.
38
Questions Concerning Regulation
.
62
Release of Contractor . . . . .
.
26
Removal of Debris . . . . . . .
.
37
Reports, Records and Data . . .
.
15
Responsibility of Contractor. .
.
32
Right of Owner to Terminate . .
.
23
Rights -of -Way . . . . . . . . .
.
39
Schedule of Construction. . . .
.
24
Security . . . . . . . . . . . .
.
29
Separate Contracts. . . . . . .
.
33
Services, Materials, Facilities
.
5
Shop Drawings . . . . . . . . .
.
4
Specific Coverage . . . . . . .
.
64
Stated Allowances . . . . . . .
.
36
Subcontracting. . . . . . . . .
.
34, 45
Subcontractor's Insurance . . .
.
28
Subcontractors, Ineligible. . .
.
65
Substitute Bond . . . . . . . .
30
Subsurface Conditions . . . . .
.
21
Superintendence by Contractor .
.
16
Surveys, Permits. . . . . . . .
.
10
Suspension of Work. . . . . . .
.
51
Termination of Contract . . . .
.
23, 68
Testing of Materials. . . . . .
.
7
Time for Completion . . . . . .
.
19
Title to Materials. . . . . . .
.
6
Trainees/Apprentices. . . . . .
.
54
Use and Occupancy . . . . . . .
.49
Use of Premises . . . . . . . .
.37
Weather Conditions. . . . . . .
.
12
*Anticipated Fringe Benefits . . . 52
*Employment Prohibited . . . . . . 55
*Fringe Benefits Not Expressed . . 58
*provisions to be Included
L1
I
' 2. Definitions
The following terms as used in this contract are respectively
defined as follows:
' (a) "Contractor": A person, firm or corporation with whom the
contract is made by the Owner.
(b) "Subcontractor": A person, firm or corporation supplying
labor and materials or only labor for work at the site of the
project for, and under separate. contract or agreement with,
the Contractor.
(c) "Work on (at) the project": Work to be performed at the
location of the project, including the transportation of
materials and supplies to or from the location of the project
by employees of the Contractor and any Subcontractor.
' 3. Additional Instruction and Detail Drawings
The Contractor will be furnished additional instructions and
detail drawings as necessary to carry out the work included in the
contract. The additional drawings and instructions thus supplied
to the Contractor will coordinate with the Contract Documents and
1 will be so prepared that they can be reasonably interpreted as
part thereof. The Contractor shall carry out the work in
accordance with the additional detail drawings and instructions.
The Contractor and the Architect/Engineer will prepare jointly (a)
' a schedule, fixing the dates at which special detail drawings will
be required, such drawings, if any, to be furnished by the
Architect/Engineer inaccordance with said schedule, and (b) a
schedule fixing the respective dates for the submission of shop
drawings, the beginning of manufacture, testing and installation
of materials, supplies and equipment, and the completion of the
various parts of the work; each such schedule to be subject to
change from time to time in accordance with the progress of the
work.
' 4. Shop or Setting Drawings
The Contractor shall submit promptly to the Architect/Engineer two
' (2) copies of each shop or setting drawing prepared in accordance
with the schedule predetermined as aforesaid. After examination
of such drawings by the Architect/Engineer, and the return
thereof, the Contractor shall make such corrections to the
' drawings as have been indicated and shall furnish the
Architect/Engineer with two (2) corrected copies. If requested by
the Architect/Engineer the Contractor must furnish additional
copies. Regardless of corrections made in or approval given to
such drawings by the Architect/Engineer, the Contractor will
nevertheless be responsible for the accuracy of such drawings and
for their conformity to the Plans and Specifications, unless he
notifies the Architect/Engineer in writing of any deviations at
the time he furnishes such drawings.
I
I.
5. Materials, Services, and Facilities
' (a) It is understood that except as otherwise specifically stated
in the Contract Documents, the Contractor shall provide and
pay for all materials, labor, tools, equipment, water, light,
power, transportation, superintendence, temporary
construction of every nature, and all other services and
facilities of every nature whatsoever necessary to execute,
' complete, and deliver the work with the specified time.
(b) Any work necessary to be performed after regular working
hours, on Sundays or Legal Holidays, shall be performed
without additional expense to the Owner.
6. Contractor's Title to Materials
No materials or supplies for the work shall be purchased by the
Contractor or by any Subcontractor subject to any chattel mortgage
or under a conditional sale contract or other agreement by which
an interest is retained by the seller. The Contractor warrants
that he has good title to all materials and supplies used by him
in the work, free from all liens, claims or encumbrances.
7. Inspection and Testing of Materials
(a) All materials and equipment used in the construction of the
• project shall be subject to adequate inspection and testing
in accordance with accepted standards. The laboratory or
inspection agency shall be selected by the Owner. The Owner
'will pay for all laboratory inspection service direct, and
not as part of the contract.
(b) Materials of construction, particularly those upon which the
1
strength and durability of the structure may depend, shall be
subject to inspection and testing to establish conformance
with specifications and suitability for uses intended.
' 8. "Or Equal" Clause
' Whenever a material, article, or piece of equipment is identified
on the plans or in the specifications by reference to
manufacturer's or vendor's names, catalogue numbers, etc., it is
intended merely to establish a standard; and, any material,
' article, or equipment of other manufacturers and vendors which
will perform adequately the duties imposed by the general design
will be considered equally acceptable provided the material,
' article, or equipment so proposed is, in the opinion of the
Architect/Engineer, of equal substance and function. It shall not
be purchased or installed by the Contractor without the
Architect/Engineer's written approval.
I
I
9. Patents
' (a) The Contractor shall hold and save the Owner and its
officers, agents, servants, and employees harmless from
liability of any nature or kind, including cost and expenses
for, or on account of, any patented or unpatented invention,
process, article, or appliance manufactured or used in the
performance of the contract, including its use by the Owner,
unless otherwise specifically stipulated in the Contract
'Documents.
(b) License or Royalty Fees: License and/or Royalty Fees for the
' use of a process which is authorized by the Owner of the
project must be reasonable, and paid to the holder of the
patent or his authorized licensee, direct by the Owner and
not by or through the Contractor.
(c) If the Contractor uses any design, device, or materials
covered by letters, patent or copyright, he shall provide for
1 such use by suitable agreement with the Owner of such
patented or copyrighted design, device, or material. It. is
mutually agreed and understood, that, without exception, the
contact prices shall include all royalties or cost arising
from the use of such design, device, or materials, in any way
involved in the work. The Contractor and/or his Sureties
shall indemnify and save harmless the Owner of the project
from any and all claims for infringement by reason of the use
of such patented or copyrighted design, device or materials
or any trademark or copyright in connection with work agreed
to be performed under this contract, and shall indemnify the
Owner for any cost, expense or damage which it may be obliged
to pay by reason of such infringement at any time during the
prosecution of the work of after completion of the work.
' 10. Surveys, Permits, and Regulations
Unless otherwise expressly provided for in the Specifications, the
Owner will furnish to the Contractor all surveys necessary for the
execution of the work.
The Contractor shall procure and pay all permits, licenses, and
approvals necessary for the execution of his contract.
The Contractor shall comply with all laws, ordinances, rules,
orders, and regulations relating to performance of the work, the
protection of adjacent property, and the maintenance of
passageways, guard fences or other protective facilities.
I
1
I
11. Contractor's Obligations
' The Contractor shall and will, in good workmanlike manner, do and
perform all work and furnish, all supplies and materials,
machinery, equipment, facilities, and means, except as herein
' otherwise expressly specified, necessary or proper to perform and
complete all the work required by this contract, within the time
• herein specified, in accordance with the provisions of this
contract and said specifications and in accordance with the plans
and drawings covered. by this contract, any and all supplemental
plans and drawings, and in accordance with the directions of the
Architect/Engineer as given from time to time during the progress
of the work. He shall furnish, erect, maintain, and remove such
construction plant and such temporary works as may be required.
The Contractor shall observe, comply with, and be subject to all
' terms, conditions, requirements, and limitations of the contract
and specifications, and shall do, carry on, and complete the
entire work to the satisfaction of the Architect/Engineer and the
Owner.
• 12. Weather Conditions
' In the event of temporary suspension of work, or during inclement
weather, or whenever the Architect/Engineer shall direct, the
Contractor will, and will cause his subcontractors to, protect
carefully his and their work and materials against damage or
injury from the weather. If, in the opinion of the
Architect/Engineer, any work or materials shall have been damaged
or injured by reason of failure on the part of the Contractor or
' any of his subcontractors so to protect his work, such materials
shall be removed and replaced at the expense of the Contractor.
13. Protection of Work and Property - Emergency
The Contractor shall at all times safely guard the Owner's
property from injury or loss in connection with this contract. He
shall at all times safely guard and protect his own work, and that
of adjacent property from damage. The Contractor shall replaceor
make good any such damage, loss, or injury unless such be caused
' directly by errors contained in the contract or by the Owner, or
his duly authorized representatives.
' In case of an emergency which threatens loss or injury of
property, and/or safety of life, the Contractor will be allowed to
act, without previous instructions from the Architect/Engineer, in
a diligent manner. He shall notify the Architect/Engineer
I. immediately thereafter. Any claim for compensation by the
Contractor due to such extra work shall be promptly submitted to
the Architect/Engineer for approval.
Where the Contractor has not taken action but has notified the
Architect/Engineer of an emergency threatening injury to persons
or damage to the work or any adjoining property, he shall act as
instructed or authorized by the Architect/Engineer.
I
The amount of reimbursement claimed by the Contractor on account
of any emergency action shall be determined in the manner provided
in Paragraph 17 of the General Conditions.
14. Inspection
The authorized representatives and agents of the Department of
Housing and Urban Development shall be permitted to inspect all
work, materials, payrolls, records of personnel, invoices of
' materials, and other relevant data and records.
15. Reports, Records, and Data
' The Contractor shall submit. to the Owner such schedules of
quantities and costs, progress schedules, payrolls, reports,
estimates, records, and other data as the Owner may request
1 concerning work performed or to be performed under this contract.
16. Superintendence by Contractor
At the, site of the work the Contractor shall employ a construction
superintendent or foreman who shall have full authority to act for
the Contractor. It is understood that such representative shall
' be acceptable to the Architect/Engineer and shall be one who can
be continued in that capacity for the particular Job involved
unless he ceases to be on the Contractor's payroll.
17. Changes in Work
No changes in the work covered by the approved Contract Documents
' shall be made without having prior written approval of the Owner.
Charges or credits for the work covered by the approved change
shall be determined by one or more, or a combination of the
following methods:
(a) Unit bid price previously approved.
' (b) An agreed lump sum.
(c) the actual cost of:
i. Labor, including foreman;
2. Materials entering permanently into the work;
3. The ownership or rental cost of construction plant and
equipment during the time of use on the extra work;
4. Power and consumable supplies for the operation of power
equipment;
5. Insurance;
6. Social Security and old age and unemployment
contributions.
' To the cost under (c) there shall be added a fixed fee to be
agreed upon but not to exceed fifteen percent (15%) of the
actual cost of the work. The fee shall be compensation to
cover the cost of supervision, overhead, bond, profit, and
any other general expenses.
1
I
' 18. Extras
Without invalidating the contract, the Owner may order extra work
' or make changes by altering, adding to or deducting from the work,
the contract sum being adjusted accordingly, and the consent of
the Surety being first obtained, where necessary or desirable.
All the work of the kind bid upon shall be paid for at the price
stipulated in the proposal, and no claims for any extra work or
materials shall be allowed unless the work is ordered in writing
by the Owner or its Architect/Engineer, acting officially for the
' Owner, and the price is stated in such order.
19. Time for Completion and Liquidated Damages
' It is hereby understood and mutually agreed, by and between the
Contractor and the Owner, that the date of beginning and the time
for completion as specified in the contract of the work to be done
' hereunder are ESSENTIAL CONDITIONS of this contract; and it is
further mutually understood and agreed that the work embraced in
this contract shall be commenced on a date to be specified in the
"Notice to Proceed."
• The Contractor agrees that said work shall be prosecuted
regularly, diligently, and uninterruptedly at such rate of
progress as will insure full completion thereof within the time
specified. It is expressly understood and agreed, by and between
the Contractor and the Owner, that the time for the completion of
' the work described herein is a reasonable time for the completion
of the same, taking into consideration the average climatic range
and usual industrial conditions prevailing in this locality.
' If the said Contractor shall neglect, fail, or refuse to complete
the work within the time herein specified, or any proper extension
thereof granted by the Owner, then the Contractor does hereby
' agree, as a part consideration for the awarding of this contract,
to pay the Owner the amount specified in the contract, not as a
penalty but as liquidated damages for such breach of contract as
t hereinafter set forth, for each and every calendar day that the
Contractor shall be in default after the time stipulated in the
contract for completing the work.
' the said amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages
the Owner would in such event sustain, and said amount is agreed
to be the amount of damages which the Owner would sustain and said
amount, shall be retained from time to time by the Owner from
current periodical estimates.
I
I
n
H
L
It is further agreed that time is of the essence of each and every
portion of this contract and of the specifications wherein a
' definite and certain length of time is fixed for the performance
of anyract whatsoever; and where under the contract an additional
time is allowed for the completion of any work, the new time limit
' fixed by such extension shall be of the essence of this contract.
Provided, that the Contractor shall not be charged with
liquidated damages or any excess cost when the Owner determines
that the Contractor is without fault and the Contractor's reasons
for the time extension are acceptable to the Owner;
Provided, further, that the Contractor shall not be
charged with liquidated damages or any excess cost when the delay
I. in completion of the work is due:
(a) To any preference, priority or allocation order duly issued
by the Government;
(b) To unforseeable cause 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 the performance of a
contract with the Owner, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and severe weather;
and
(c) To any delays of Subcontractors or suppliers occasioned by
any of the causes specified in subsections (a) and (b) of
this article.
Provided, further, that the Contractor shall, within ten
' (10) days from the beginning of such delay, unless the Owner shall
• grant a further period of time prior to the date of final
settlement of the contract, notify the owner, in writing, of the
causes of the delay, who shall ascertain the facts and extent of
the delay and notify the Contractor within a reasonable time of
its decision in the matter.
' 20. Correction of Work
All work, all materials, whether incorporated in the work or not,
all processes of manufacture, and all methods of construction
' shall be at all times and places subject to the inspection of the
• Architect/Engineer who shall be the final judge of the quality and
suitability of the work, materials, processes, of manufacture, and
' methods of construction for the purposes for which they are used.
Should they fail to meet his approval they shall be forthwith
reconstructed, made good, replaced and/or corrected, as the case
may be by the Contractor at his own expense. Rejected material
shall immediately be removed from the site. If, in the opinion of
the Architect/Engineer, it is undesirable to replace any defective
or damaged materials or to reconstruct or correct any portion of
the work injured or not performed in accordance with the Contract
Documents, the compensation to be paid to the Contractor hereunder
shall be reduced by such amount as in the judgement of the
Architect/Engineer shall be equitable.
I
I
21. Subsurface Conditions Found Different
' Should the Contractor encounter subsurface -and/or latent
conditions at the site materially differing from those shown on
the Plans or indicated in the Specifications, he shall immediately
' give notice to the Architect/Engineer of such conditions before
they are disturbed. The Architect/Engineer will thereupon
.promptly investigate the conditions, and if he finds that they
materially differ from those shown on the Plans or indicated in
the Specifications, he will at once make such changes in the Plans
and/or Specifications as he may find necessary, any increase or
decrease of cost resulting from such changes to be adjusted in the
manner provided in Paragraph 17 of the General Conditions..
22. Claims for Extra Cost
1 No claim for extra work or cost shall be allowed unless the same
was done in pursuance of a written order of the Architect/Engineer
approved by the Owner, as aforesaid, and the claim presented with
the first estimate after the changed or extra work is done. When
work is performed under the terms of subparagraph 17(c) of_ the
General Conditions, the Contractor shall furnish satisfactory
bills, payrolls, and vouchers covering all items of cost and when
' requested by the owner, give the Owner access to accounts relating
thereto.
23. Right of the Owner to Terminate Contract
In the event that any of the provisions of this contract are
violated by the Contractor, or by any of his subcontractors, the
Owner may serve written notice upon the Contractor and the Surety
of its intention to terminate the contract, such notices to
contain the reasons for such intention to terminate the contract,
' and unless within ten (10) days after the serving of such notice
upon the Contractor, such violation or delay shall cease and
satisfactory arrangement of correction be made, the contract
U. shall, upon the expiration of said ten (10) days, cease and
terminate. In the event of any such termination, the Owner shall
immediately serve notice thereof upon the Surety and the
Contractor, and the Surety shall have the right to take over and
perform the contract; Provided, however, that if the Surety does
not commence performance thereof within ten (10) days from the
date of the mailing to such Surety of notice of termination, the
I. Owner may take over the work and prosecute the same to completion
by contract or by force account for the account and at the expense
of the Contractor, and the Contractor and his Surety shall be
liable to the Owner for any excess cost occasioned the Owner
thereby, and in such event the Owner may take possession of and
utilize in completing the work, such materials, appliances, and
plant as may be on the site of the work and necessary therefor.
i
I
24
Construction Schedule and Periodic Estimates
Immediately after execution and delivery of the contract, and
before the first partial payment is made, the Contractor shall
deliver to the Owner an estimated construction progress schedule
in form satisfactory to the Owner, showing the proposed dates of
commencement and completion of each of the various subdivisions of
work required under the Contract Documents and the anticipated
amount of each monthly payment that will become due the Contractor
is accordance with the progress schedule. The Contractor shall
also furnish on forms to be supplied by the Owner (a) detailed
estimate giving a complete breakdown of the contract price and (b)
periodic itemized estimates of work done for the purpose of making
partial payments thereon. The costs employed in making up any of
these schedules will be used only for determining the basis of
partial.payments and will not be considered as fixing a basis for
additions to or deductions from the contract price.
25. Payments to Contractor
(a) To insure the proper performance of this contract, the Owner
shall retain ten percent (10%) of the amount of each estimate
until final completion and acceptance of all work covered by
this contract: Provided, that the Contractor shall
submit his estimate not later than the first day of the
month; Provided, further, that the Owner at any time
after seventy five percent (75%) of the work has been
completed, if it finds that satisfactory progress is being
made, may reduce retainage to five prcent (5%);
Provided, further, that on completion and
acceptance of each separate building, public work, or other
division of the contract, on which the price is stated
separately in the contract, payment may be made in full,
including retained percentages thereon, less authorized
deductions.
(b) In preparing estimates the material delivered on the site and
preparatory work done may be taken into consideration.
(c) All material and work covered by partial payments made shall
thereupon become the sole property of the Owner, but this
provision shall not be construed as relieving the Contractor
from the sole responsibility for the care and protection of
materials and work upon which payments have been made or the
restoration of any damaged work, or as a waiver of the right
of the Owner to require the fulfillment of all the terms of
the contract.
(d) Owner's Riqht to Withhold Certain Amounts and Make
Application Thereof: the Contractor agrees that he will
indemnify and save the Owner harmless from all claims growing
out of the lawful demands of subcontractors, laborers,
workmen, mechanics, materialmen, and furnishers of machinery
and parts thereof, equipment, power tools, and all supplies,
including commissary, incurred in the furtherance of the
performance of this contract. The Contractor shall, at the
Owner's request, furnish satisfactory evidence that all
obligations of the nature hereinabove designated have been
I
' paid, discharged, or waived. If the Contractor fails to do
so, then the Owner may, after having served written notice on
the said Contractor, either pay unpaid bills, of which the
' Owner has written notice, direct, 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
this contract, but in no event shall the provision of this
' sentence be construed as to impose any obligations upon the
Owner to either the Contractor or his Surety. In paying any
unpaid bills of the Contractor, the Owner shall be deemed the
agent of the Contractor, and any payment so made by the Owner
shall be considered as a payment made under the contract by
the Owner to the Contractor and the Owner shall not be liable
Ito the Contractor for any such payments made in good faith.
26. Acceptance of Final Payment Constitutes Release
I.
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 for all things done or furnished in
connection with this work and for every act and neglect of the
Owner and other relating to or arising out of this work. No
payment, however, final or otherwise, shall operate to release the
Contractor or his sureties from any obligations under this
contract or the Performance and Payment Bond.
27. Payment by the Contractor
The Contractor shall pay (a) for. all transportation and utility
services no later than the 20th day of the calendar month
following that in which the services are rendered, (b) for all
' materials, tools, and other. expendable equipment to the extent of
ninety percent (90%) of the cost thereof, not later than the 20th
day of the calendar month following that in which such materials,
tools, and equipment are delivered at the site of the project and
the balance of the cost thereof, not later than the 30th day
following the completion of that part of the work in or on which
such materials, tools, equipment are incorporated or used, and (c)
Ito each of his subcontractors, not later than the 5th day
following each payment to the Contractor, the respective amounts
allowed the Contractor on account of the work performed by his
subcontractors to the extent 'of each subcontractor's interest
therein.
L
I
I
28. Insurance
The Contractor shall not commence work under this contract until
he has obtained all the insurance required under this paragraph
and such insurance has been approved by the Owner, nor shall the
' Contractor allow any subcontractor to commence work on his
subcontract until the insurance required of the subcontractor has
been so obtained and approved.
(a) Compensation Insurance: The Contractor shall procure
and shall maintain during the life of this contract Workman's
Compensation Insurance as required by applicable State or
' territorial law for all of his employees to be engaged in
work at the site of the project under this contract and, in
case of any such work sublet, the Contractor shall require
the subcontractor similarly to provide Workman's Compensation
' Insurance for all the latter's employees to be engaged in
such work unless such employees are covered by the protection
afforded by the Contractor's Workman's Compensation
' Insurance. In case any class of employees engaged in
hazardous work on the project under this contract isnot
protected under the Workman's Compensation Statute, the
Contractor shall provide and shall cause each subcontractor
I. to provide adequate employer's liability insurance for the
protection of such of his employees as are not otherwise
protected.
' (b) Contractor's Public Liability and Property Damage
Insurance and Vehicle Liability Insurance: The
Contractor shall procure and shall maintain during the life
of this contract Contractor's Public Liability Insurance,
Contractor's Property Damage Insurance, and Vehicle Liability
Insurance in the amounts specified in the Supplemental
General Conditions.
' (c) Subcontractor's Public Liability and Property Damaqe
Insurance and Vehicle Liability Insurance: The
Contractor shall either (1) require each of his
subcontractors to procure and to maintain during the life of
his subcontract, Subcontractor's Public Liability, Property
Damage Insurance, and Vehicle Liability Insurance of the type
and in the amounts specified in the Supplemental General
Conditions specified in subparagraph (b) hereof or, (2)
insure the activities of his policy, specified in
subparagraph (b) hereof.
' (d) Scope of Insurance and Special Hazards: The insurance
required under subparagraphs (b) and (c) hereof shall provide
adequate protection for the Contractor and his
subcontractors, respectively, against damage claims which may
' arise from operations under this contract, whether such
operations be by the insured or by anyone directly or
indirectly employed by him and, also against any of the
' special hazards which may be encountered In the performance
of this contract as enumerated in the Supplemental General
Conditions.
I
IT
(e) Builder's Risk insurance (Fire and Extended Coveraqe):
Until the project is completed and accepted by the Owner, the
' Owner or Contractor (at the Owner's option as indicated in
the Supplemental General Conditions, Form HUD -4238-N) is
required to maintain Builder's Risk Insurance (fire and
' extended coverage) on a 100 percent completed value basis on
the insurable portion of the project for he benefit of the
Owner, the Contractor, subcontractors as their interests may
appear. The Contractor shall not include any costs for
' Builder's Risk Insurance (fire and extended coverage)
premiums during construction unless the Contractor is
required to provide such insurance; however, this provision
' shall not release the Contractor from his obligation to
complete, according to plans and specifications, the project
covered by the Contract, and the Contractor and his Surety
shall be obligated to full performance of the Contractor's
' undertaking.
(f) Proof of Carriage of Insurance: The Contractor shall
furnish the Owner with certificates showing the type, amount,
' class of operations covered, effective dates and date of
expiration of policies. Such certificatse shall also contain
substantially the following statement: "The insurance
covered by this certificate will not be cancelled or
materially altered, except after ten (10) days written notice
has been received by the Owner."
29. Contract Security
The Contractor shall furnish a performance bond in an amount at
least equal to one hundred percent (100%) of the contract prices
I. as security for the faithful performance of this contract and also
a payment bond in an amount not less than one hundred percent
(100%) of the contract price or in a penal sum not less than that
' prescribed by State, territorial or local law, as security for the
payment of all persons performing labor on the project under this
contract and furnishing materials in connection with this
contract. The performance bond and the payment bond may be in one
'or in separate instruments in accordance with local law.
30. Additional or Substitute Bond
If, at any time the Owner for justifiable cause shall be or become
dissatisfied with any surety or sureties, then upon the.
' Performance or Payment Bonds, the Contractor shall within five (5)
days after notice from the Owner so to do, substitute an
acceptable bond (or bonds) in such form and sum and signed by such
other surety or sureties as may be satisfactory to the Owner. The
premiums on such bonds shall be paid by the Contractor. No
further payments shall be deemed due or shall be made until the
new surety or sureties shall have furnished such an acceptable
' bond to the Owner.
I
' 31. Assignments
The Contractor shall not assign the whole or any part of this
contract or any moneys due or to become due hereunder without
written consent of the Owner. In case the Contractor assigns all
or any part of any moneys due or to become due under this
contract, the instrument of assignment shall contain a clause
substantially to the effect that it is agreed that the right of
the assignee in and to any moneys due or to become due to the
Contractor shall be subject to prior claims of all persons, firms
• and corporations of services rendered or materials supplied for
the performance of the work called for in this contract.
32. Mutual Responsibility of Contractors
' If, through acts of neglect on the part of the Contractor, any
other Contractor or any subcontractor shall suffer loss or damage
Ion the work, the Contractor agrees to settle with such other
Contractor or subcontractor by agreement or arbitration if. .such
other Contractor or subcontractor will settle. If such other
Contractor or subcontractor shall assert any claim against the
Owner on account of any damaged alleged to have been sustained,
the Owner shall notify the Contractor, who shall indemnify and
save harmless the Owner against any such claim.
33. Separate Contract
The Contractor shall coordinate his operations with those of other
Contractors. Cooperation will be required in the arrangement for
the storage of materials and in the detailed execution of the
work. The Contractor, including his subcontractors, shall keep
' informed of the progress and the detail work of other Contractors
and shall notify the Architect/Engineer immediately of lack of
progress or defective workmanship on the part of the Contractors.
Failure of a contractor to keep informed of the work progressing
on the site and failure to give notice of lack of progress or
defective workmanship by others shall be construed as acceptance
by him of the status of the work as being satisfactory for proper
coordination with his own work.
34. Subcontracting
' (a) The Contractor may utilize the services of specialty
subcontractors on those parts of the work which, under normal
contracting practices, are performed by specialty
subcontractors.
(b) the Contractor shall not award any work to any subcontractor
without prior written approval of the Owner, which approval
will not be given until the Contractor submits to the Owner a
•written statement concerning the proposed award to -the
subcontractor, which statement shall contain such information
as the Owner may require.
' (c) the Contractor shall be as fully responsible to the Owner for
the acts and omissions of his subcontractors, and of persons
either directly or indirectly employed by them, as he is for
the acts and omissions of persons directly employed by him.
I
(d) The Contractor shall cause appropriate provisions to be
inserted in all subcontracts relative to the work to bind
subcontractors to the Contractor by the terms of the General
Conditions and other contract documents insofar as applicable
to the work of subcontractors and to give the Contractor the
' same power as regards terminating any subcontract that the
Owner may exercise over the Contractor under any provision of
the contract documents.
(e) Nothing contained in this contract shall create any
contractual relation between any subcontractor and the Owner.
35. Architect/Engineer's Authority
' the Architect/Engineer shall give all orders and directions
contemplated under this contract and specifications, relative to
the execution of the work. The Architect/Engineer shall determine
the amount, quality, acceptability, and fitness of the several
kinds of work and materials which are to be paid for under this
contract and shall decide all questions which may arise in
t relation to said work and the construction thereof. The
Architect/Engineer's estimates and decisions shall be final and
conclusive, except as herein otherwise expressly provided. In
' case any question shall arise between the parties hereto relative
to said contract or specifications, the determination or decision
of the Architect/Engineer shall be a condition precedent to the
right of the Contractor to receive any money or payment for work
' under this contract affected in any manner or to any extent by
such question.
The Architect/Engineer shall decide the meaning and intent of any
'
portion of the specifications and of any plans or drawings where
the same may be found obscure or be in dispute. Any differences
or conflicts in regard to their work which may arise between the
' Contractor under this contract and other Contractors performing
work for the Owner shall be adjusted and determined by the
Architect/Engineer.
36. Stated Allowances
The Contractor shall include in his proposal the cash allowances
stated in the Supplemental General Conditions. The Contractor
shall purchase the "Allowed Materials" as directed by the Owner on
the basis of the lowest and best bid of at least three competative
bids. If the actual price for purchasing the "Allowed Materials"
is more or less than the "Cash Allowance," the contract price
shall be adjusted accordingly, The adjustment in contract price
shall be made on the basis of the purchase price without
additional charges for overhead, profit, insurance or any other
incidental expenses. The cost of installation of the "Allowed
Materials" shall be included in the applicable sections of the
Contract Specifications covering this work.
37. Use of Premises and Removal of Debris
The Contractor expressly undertakes at his own expense:
(a)
to take every precaution against injuries to persons or
damage to property;
(b)
to store his apparatus, materials, supplies and equipment in
such orderly fashion at the site of the work as will not
unduly interfere with the progress of his work or the work of
any other contractors;
(c)
to place upon the work or any part thereof only such loads as
are consistent with the safety of that portion of the work;
(d)
to clean up frequently all refuse, rubbish, scrap materials,
and debris caused by his operations, to the end that at all
times the site of the work shall present a neat, orderly and
workmanlike appearance;
(e)
before final payment, to remove all surplus material, false -
work, temporary structures, including foundations thereof,
plant of any description and debris of every nature resulting
from his operations, and to put the site in a neat, orderly
condition;
(f)
to effect all cutting, fitting, or patching of his work
required to make the same conform to the plans and
specifications and,except with the consent of the
Architect/Engineer, not to cut or otherwise alter the work of
.any other Contractor.
38. Quantities of Estimate
Wherever the estimated quantities of work to be done and materials
to be furnished under this contract are shown in any of the
documents including the proposal, they are given for the use in
comparing bids and the right is especially reserved except as
' herein specifically limited, to increase or diminish them as may
be deemed reasonably necessary or desirable by the Owner to
complete the work contemplated by this contract, and such increase
or diminution shall in no way vitiate this contract, nor shall any
such increase or diminution give cause for claims or liability for
damages.
39. Lands and Rights -of -Way
Prior to the start of construction, the Owner shall obtain all
lands and rights -of -way necessary for the carrying out and
• completion of work to be performed under this contract.
P
L
1
r
V
Ti
40. General Guaranty
' Neither the final certificate of payment nor any provision in the
Contract Documents, nor partial or entire occupancy of the
premises by the Owner, shall constitute an acceptance of work not
done in accordance with the Contract Documents or relieve the
' Contractor of liability in respect to any express warranties or
responsibility for faulty materials or workmanship. The
Contractor shall remedy any defects in the work and pay for any
' damage to other work resulting therefrom, which shall appear
within a period of one year from the date of final acceptance of
the work unless a longer period is specified. The Owner will give
notice of observed defects with reasonable promptness.
' 41. Conflicting Conditions
' Any provision in any of the Contract Documents which may be in
conflict or inconsistent with any of the paragraphs in these
General Conditions shall be void to the extent of such conflict or
inconsistency.
' 42. Notice and Service Thereof
Any notice to any Contractor from the Owner relative to any part
of this contract shall be in writing and considered delivered and
the service thereof completed, when said notice is posted, by
' certified or registered mail, to the said Contractor at his last
given address, or delivered in person to the said Contractor or
his authorized representative on the work.
' 43. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be
' inserted in this contract shall be deemed to be inserted herein
and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such
provision is not inserted, or is not correctly inserted, then upon
the application of either party the contract shall forthwith be
physically amended to make such insertion or correction.
' 44. Protection of Lives and Health
"The Contractor shall exercise proper precaution at all times for
the protection of persons and property and shall be responsible
' for all damages to persons or property, either on or off the site,
which occur as a result of his prosecution of the work. The
safety provisions of applicable laws and building and construction
codes, in addition to specific safety and health regulations
described by Chapter XIII, Bureau of Labor Standards, Department
of Labor, Part 1518, safety and Health Regulations for
Construction, as outlined in the Federal Register, volume 36, No.
' 75, Saturday, April 17, 1971. Title 29 - Labor, shall be observed
and the Contractor shall take or cause to be taken, such
additional safety and health measures as the Contracting Authority
may determine to be reasonably necessary."
I
H
45. Subcontracts
The Contractor will insert in any subcontracts the Federal Labor
Standards Provisions contained herein and such other clauses as
the 'Arkansas Industrial Development Commission may, by
instructions, require, and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts which they may enter into, together with a clause
requiring this insertion in any further subcontracts that may in
turn be made.
46. Equal Employment Opportunity
During the performance of this contract the Contractor agrees as
follows:
(a) The Contractor will not discriminate against any employee or.
applicant for employment because of race, religion, sex,
color or national origin. The Contractor will take
affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without
regard to their race, religion, sex, color, or national
origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be
provided setting forth the provisions of this
nondiscrimination clause.
(b) The Contractor will, in all solicitations or advertisement
for employees placed by or on behalf of the Contractor, state
that all qualified applicants will receive consideration for
employment without regard to race, religion, sex, color, or
national origin.
(c) The Contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a
notice to be provided advising the labor union or workers'
representative of the Contractor's commitments under Section
202 of Executive Order No. 11246 of September 24,1965, and
shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(d) The Contractor will comply with all provisions of Executive
Order No. 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports
required by Executive Order No. 11246 of September 24, 1965,
and by the rules, regulations, and orders of the Secretary of
Labor or pursuant thereto, and will permit access to his
books, records, and accounts by the Department of Housing and
Urban Development, the Arkansas Industrial Development
Commission or their representatives, and the Secretary of
Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
I
' (f) In the event of the Contractor's noncompliance with the
nondiscriminationclauses of this contract or with any of
' such rules, regulations, or orders, this contract may be
cancelled, terminated, or suspended in whole or in part and
the Contractor may be declared ineligible for further
' Government contracts or Federally -assisted construction
contract, in accordance with procedures authorized in
Executive Order No. 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as
' provided in Executive Order No. 11246 of September 24, 1965,
or by rule, regulation, or order of the Secretary of Labor,
or as otherwise provided by law.
' (g) The Contractor will include the provision of paragraphs (a)
through (g) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order No.
11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. The Contractor
will take such action with respect to any subcontract or
purchase order as the Arkansas. Industrial Development
Commission and Department of Housing and Urban Development
may direct as a means of enforcing such provisions, including
' sanctions for noncompliance: Provided, however,
that in the event the Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as
a result of such direction by the Department of Housing and
' Urban Development, the Contractor may request the United
States to enter into such litigation to protect the interests
of the United States.
47. Interest of Member of or Delegate to Congress
No member of or Delegate to Congress, or Resident Commissioner,
shall be admitted to any share or part of this contract or to any
benefit that may arise therefrom, but this provision shall not be
construed to extend to this contract if made with a corporation
for its general benefit.
48. Other Prohibited Interests
' No official of the Owner who is authorized in such capacity and on
behalf of the Owner to negotiate, make, accept, or approve, or to
take part in negotiating, making, accepting, or approving any
' architectural, engineering, inspection, construction or material
supply contract or any subcontract in connection with the
construction of the project, shall become directly or indirectly
interested personally in this contract or in any part hereof. No
officer, employee, architect, attorney, engineer or inspector of
or for the Owner who is authorized in such capacity and on behalf
of the Owner to exercise any legislative, executive, supervisory
t or other similar fuctions in connection with the construction of
the 4project, shall become directly or indirectly interested
personally in this contract or in any part hereof, any material
supply contract, subcontract, insurance contract, or any other
'contract pertaining to the project.
' 49.
1
50.
52.
I
I
1
Use and Occupancy Prior to Acceptance by Owner
The Contractor agrees to the use and occupancy of a portion or
unit of the project before formal acceptance by the Owner,
provided the Owner:
(a) Secures written consent of the Contractor except in the
event, in the opinion of the Architect/Engineer, the
Contractor is chargeable with unwarranted delay in final
cleanup of punch list items or other contract requirements.
(b) Secures endorsement from the insurance -carrier and consent of
the surety permitting occupancy of the building or use of the
project during remaining period ofconstruction, or,
(c) When the project consists of more than one building, and one
of the buildings is occupied, secures permanent fire and
extended coverage insurance, including a permit to complete
construction. Consent of the Surety must also be obtained.
Photographs of the Project
If required by the Owner, the Contractor shall furnish photographs
of the project, in the quantities and as described in the
Supplemental General Conditions.
Suspension of Work
Should the Owner be prevented or enjoined from proceeding with
work either before or after the start of construction by reason of
any litigation or other reason beyond the control of the Owner,
the Contractor shall not be entitled to make or assert claim for
damage by reason of such delay; but time for completion of the
work will be extended to such reasonable time as the Owner may
determine will compensate for time lost by such delay with such
determination set forth in writing.
Anticipated Costs of Fringe Benefits
If the Contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer
or mechanic the amount of any costs reasonably anticipated in
providing fringe benefits under a plan or program of a type
expressly listed in the wage determination decision of the
Secretary of Labor which is part of this contract: Provided,
however, the Secretary of Labor has found, upon written request of
the Contractor, that the applicable standards of the Davis -Bacon
Act have been met. The Secretary of Labor may require the
Contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program. A copy of any
findings made by the secretary of Labor in respect to fringe
benefits being provided by the Contractor must be submitted to the
Local Public Agency or Public Body with the first payroll filed by
the Contractor subsequent to receipt of the findings.
I
• 53. Overtime Compensation Required by Contact Work Hours and Safety
Standards Act (76 Stat. 357-360: Title 40 U.S.C., Sections
' 327-332)
(a) Overtime Requirements: No Contractor or subcontractor
' contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics,
including watchmen and guards, shall require or permit any
laborer or mechanic in any workweek in which he is employed
Ion such work to work in excess of 40 hours in such work week
unless such laborer or mechanic receives compensation at a
rate not less than one and one-half times his basic rate of
' pay for all hours worked in excess of 40 hours in such work
week.
(b) Violation: Liability for Unpaid Wages Liquidated
Damages. In the event of any violation of the clause
' set forth in paragraph (a), the contractor and any other
subcontractor responsible therefore shall be liable to any
affected employee for his unpaid wages. In addition, such
Contractor or subcontractor shall be liable to the United
States for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or
mechanic employed in violation of the clause set forth in
' paragraph (a), in the sum of $10.00 for each calendar day on
which such employee was required or permitted to work in
excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in
paragraph (a).
(c) Withholding the Liquidated Damages. The Local Public
Agency or Public Body shall withhold or cause to be withheld,
from any moneys payable on account of work performed by the
Contractor or subcontractor, such . sums as may
administratively be determined to be necessary to satisify
' any liabilities of such Contractor or subcontractor for
liquidated damages as provided in the clause set forth in
paragraph (b).
(d) Subcontracts. The Contractor shall insert in any
subcontracts the clauses set forth in paragraph (a), (b), and
(c) of this Section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts which they may enter into, together with a
clause requiring this insertion in any further subcontracts
that may in turn be made.
I
I.
n
.1
I
54. Employment of Apprentices/Trainees
(a) Apprentices will be permitted to work at less than the
predetermined rate for work they performed when they are
employed and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Manpower Administration, Bureau of Apprenticeship and
Training, or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his first 90 days
of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in
the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of
apprentices to journeymen in any craft classification shall
not be greater than the ratio permitted to the contractor as
to his entire workforce under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who
is not a trainee as defined in subdivision (b) of this
subparagraph or is not registered or otherwise employed as
stated above, shall be paid the wage rate determined by the
Secretary of Labor for the classification of work he actually
performed. The Contractor or subcontractor will be required
to furnish to the contracting officer or a representative of
the Wage -Hour Division of the U.S. Department of Labor
written evidence of the registration of his program and
apprentices as well as the appropriate ratios and wage rates
(expressed in percentages of the journeyman hourly rates),
for the area of contruction prior to using any apprntices on
the contract work. The wage rate paid apprentices shall be
not less than the appropriate percentage of the journeyman's
rate contained in the applicable wage determination.
(b) Trainees. Except as provided in 29 CFR 5.15, trainees
will not be permitted to work at less than the predetermined
rate for the work performed unless they are employed pursuant
to and individually registered in a program which has
received prior approval, evidenced by formal certification,
by the U.S. Department of Labor, Manpower Administration,
Bureau of Apprenticeship and Training. The ratio of trainees
to journeymen shall not be greater than permitted under the
plan approved by the Bureau of Apprenticeship and Training.
Every trainee must be paid at not less than the rate
specificied in the approved program for his level of
progress. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a trainee
plan approved by the Bureau of Apprenticeship and Training
shall be paid not less than the wage rate determined by the
Secretary of Labor for the classification of work he actually
performs. The Contractor or subcontractor will be required
to furnish the contracting officer or a representative of the
Wage -Hour Division of the U.S. Department of Labor written
evidence of the certification of his program, the
registration of the trainees, and the ratios and wages
I
_' prescribed in that program. In the event the Bureau of
Apprenticeship and Training withdraws approval of a training
program, the Contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is
approved.
(c) Equal Employment Opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirments of Executive Order No. 11246, as amended, and 29
CFR Part 30.
' 55. Employment of Certain Persons Prohibited
No person under the age of sixteen (16) years old and no person
who, at the time, is serving sentence in a penal or correction
institution shall be employed on the work covered by this
contract.
56. Regulations Pursuant to So -Called "Anti -Kickback Act"
The Contractor shall comply with the applicable regulations (a
' copy of which is attached and herein incorporated by refrence) of
the Secretary of Labor. U.S. Department of Labor, made pursuant
to the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat.
948; 62 Stat. 862; Title U.S.G. Section 874: and Title 40 U.S.C.,
Section •276c), and any other amendments or modifications thereof,
shall cause appropriate provisions to be inserted in subcontracts
to insure compliance therewith by all subcontractors subject
thereto, and shall be responsible for the submission of affidavits
required by subcontractors thereunder, except as said Secretary of
Labor may specifically provide for reasonable limitations,
variations, tolerances, and exemptions from the requirements
thereof.
57. Employement of Laborers or Mechanics Not Listed in Aforesaid Wage
Determination Decision
' Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract will
be classified or reclassified conformably to the wage
determination by the Local Public Agency or Public Body, and
report of the action taked shall be submitted by the Local Public
Agency or Public Body, through the Secretary of Housing and Urban
' Development, to the Secretary of Labor, U.S. Department of Labor.
In the event the interested parties cannot agree on the proper
classification or reclassification of a particular class of
' laborers and mechanics to be used, the question accompanied by the
recommendation of the Local Public Agency or Public Body shall be
referred, through the Secretary of Housing and Urban Development,
to the Secretary of Labor for final determination.
1
I
1
I
a 58. Fringe Benefits Not Expressed as Hourly Wage Rates
The Local Public Agency or Public Body shall require, whenever the
minimum wage rate prescribed in the contract for a class or
mechanics includes a fringe benefit which is not expressed as an
' hourly wage rate and the Contractor is obliged to pay cash
equivalent of such fringe benefit, an hourly cash equivalent
thereof to be established. In the event the interested parties
cannot agree upon a cash equivalent of the fringe benefit, the
question, accompanied by the recommendation of the Local Public
Agency of Public Body, shall be referred, through the Secreatary
of Housing and Urban Development, to the Secretary of Labor for
' determination.
59. Posting Wage Detemination Decisions and Authorized Wage Deductions
The applicable wage poster of the Secretary of Labor, U.S.
Department of Labor, and the applicable wage determination
decisions of said Secretary of Labor with respect to the various
' classifications of laborers and mechanics employed and to be
employed upon the work covered by this contract, and a statement
showing all deductions, if any, In accordance with the provisions
of this contract, to be made from wages actually earned by persons
' so employed or to be employed in such classifications, shall be
posted at appropriate conspicuous points at the site of the work.
60. Complaints, Proceedings, or Testimony by Employees
Claims and disputes pertaining to wage rates or to classifications
of laborers and mechanics employed upon the work covered by this
contract shall be promptly reported by the Contractor in writting
to the Local Public Agency or Public Body for referral by the
latter through the Secretary of Housing and Urban Development to
the Secretary of Labor, U.S. Department of Labor, whose decision
shall be final with respect thereto.
61. Claims and Disputes Pertaining to Wage Rates
Claims and disputes pertaining to wage rates or to classifications
of laborers and mechanics employed upon the work covered by this
Contract shall be promptly reported by the Contractor in writing
to the Local Public Agency or Public Body for referral by the
latter through the Secretary of Housing and Urban Development to
the Secretary of Labor, U. S. Department of Labor, whose decision
shall be final with respect thereto.
I
I
62. Questions Concerning Certain Federal Statutes and Regulations
' All questions arising under this contract which relate to the
application or interpretation of (a) the aforesaid Anti -Kickback
Act, (b) the Contract Work Hours and Safety Standards Act, (c) the
aforesaid Davis -Bacon Act, (d) the regulations issued by the
Secretary of Labor, U.S.Department of Labor, pursuant to said
Acts, or (e) the labor standards provisions of any other pertinent
Federal statute, shall be referred, through the Local Public
Agency or Public Body and the Secretary of Housing and Urban
Development, to the Secretary of Labor, U.S. Department of Labor,
' for said Secretary's appropriate ruling or interpretation which
shall be authoritative and may be relied upon for the purposes of
this contract.
' 63. Payrolls and Basic Records of Contractor and Subcontractors
The Contractor and each subcontractor shall prepare his payrolls
on forms satisfactory to and in accordance with instructions to be
furnished by the Local Public Agency or Public Body. The
Contractor shall submit weekly to the Local Public Agency or
Public Body two certified copies of all payrolls of the Contractor
and of the subcontractors, it being understood that the Contractor
• shall be responsible for the submission of copies of payrolls of
• all subcontractors. Each such payroll shall contain the "Weekly
' Statement of Compliance" set forth in Section 3.3 of Title 29,
Code of Federal Regulations. The payrolls and basic payroll
records of the Contractor and each subcontractor covering all
laborers and mechanics employed upon the work covered by this
contract shall be maintained during the course of the work and
preserved for a period of 3 years thereafter. Such payrolls and
basic payroll records shall contain the name and address of each
such employee, his correct classification, rate of pay (including
rates of contribution or costs anticipated of the types described
in Section 1 (b)(2) of the Davis -Bacon Act),daily and weekly
' number of hours worked, deductions made, and actual wages paid.
In addition, whenever the Secretary of Labor has found under
Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations,
that the wages of any laborer or mechanic includes the amount of
' any costs reasonably anticipated in providing benefits under a
plan or program described in Section l(b)(2)(B) of the Davis -Bacon
Act, the Contractor or subcontractor shall maintain records which
' show that the commitment of provide such benefits is enforceable,
that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such
benefits. The Contractor and each subcontractor shall make his
employment records with respect to persons employed by him upon
the. work covered by this contract available for inspection by
authorized representatives of the Secretary of Housing and Urban
Development, the Local Public Agency or Public Body, and the U.S.
Department of Labor. Such representatives shall be permitted to
interview employees of the Contractor or any subcontractor during
working hours on the job.
If
I
64. Specific Coverage of Certain Types of Work by Employees
The transporting of materials and supplies to or from the site of
the Project or Program to which this contract pertains by the
employees of the Contractor or of any subcontrator, and the
manufacturing or furnishing of materials, articles, supplies, or
equipment on the site of the Project or Program to which this
contract pertains by persons employed by the Contractor or by any
subcontractor, shall, for the purposes of this contract, and
without limiting the generality of the foregoing provisions of
this contract, be deemed to work to which these Federal Labor
Standards Provisions are applicable.
' 65. Ineligible Subcontractors
' The Contractor shall not subcontract any part of the work covered
by this contract or permit subcontracted work to be further
subcontracted without the Local Public Agency's or Public Body's
prior written approval of the subcontractor. The Local Public
' Agency or Public Body will not approve any subcontractor for work
covered by this contract who is at the time inelegible under the
provisions of any applicable regulations issued by the Secretary
' of Labor, U.S. Department of Labor or the Secretary of Housing and
Urban Development, to receive an award of such subcontract.
66. Provisions to be included in Certain Subcontracts
The Contractor shall include or cause to be included in each
subcontract covering any of the work covered by this contract,
provisions which are consistent with the Federal Labor Standards
Provisions and also a clause requiring the subcontractors to
include such provisions in any lower tier subcontracts which they
may enter into, together with a clause requiring such insertion in
any further subcontracts that may in turn be made.
67. Employment Practices
The Contractor shall (1) to the greatest extent practicable,
follow hiring and employment practices for work on the project
' which will provide new job opportunities for the unemployed and
the underemployed, and (2) insert or cause to be inserted the same
• provision in each construction subcontract.
68. Contract Termination; Debarment
A breach of Section 45 and the Federal Labor Standards Provisions
may be grounds for termination of the contract and for debarment
'as provided in 29 CFR 5.6.
I
I
I
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Supplemental General Conditions
1. Enumeration of Plans, Specifications, and Addenda
2. Stated Allowances
3. Special Hazards
4. Public Liability and Property Damage Insurance
5. Photographs of Project
6. Schedule of Minimum Hourly Wage Rates
I
9.
10.
11
Builder's Risk Insurance
Special Equal Opportunity Provisions
Certification of Compliance with Air and Water Acts
Special Conditions
A. Definitions
B. Scope, Nature, and Intent of Contract, Specifications, and Plans
C. Figured Dimensions to Govern
D. Contractor to Check Plans and Schedules
E. Staking the Work
F. Inspection
G. Protection of Public Utilities
H. Use of Explosives
I. Danger Signals and Safety Devices
J. Sanitary Conveniences
K. Privileges of Contractors in Streets
L. Sunday, Holiday, and Night Work
M. Owner's and Engineer's Protective Liability Insurance
Federal Labor Standards Provisions
Attachment to Federal Labor Standards Act:
So -Called "Anti -Kickback Act," Etc.
I
1
1
1
1
1
1
1
1
1
1
1
1. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA
Following are the Plans, Specifications and Addenda which form a part of
this contract, as set forth in Paragraph 1 of the General Conditions,
"Contract and Contract Documents:"
DRAWINGS:
I.
General Construction:
Heating and Ventilating:
Plumbing:
Electrical:
SPECIFICATIONS:
General Conditions:
Heating and Ventilating:
Plumbing:
Electrical:
No.'s
„
"
If
Page
to
, inc1.
to
, incl.
to
, incl.
to
, incl.
to
, incl.
to
, incl.
ADDENDA:
No.
Date
No.
Date
No.
Date
No.
Date
2. STATED ALLOWANCES
Pursuant to
Paragraph
36 of the
General
Conditions,the
contractor shall
include the
following
cash allowances in
his proposal:
A. For
(Page
of
Specifications)
$
B. For
(Page
_ of
Specifications)
$
C. For
(Page
of
Specifications)
$
D. For
(Page
of
Specifications)
$
E. For
(Page
of
Specifications)
$
F. For
(Page
of
Specifications)
$
54 -
3. SPECIAL HAZARDS
The Contractor's and his subcontractor's Public Liability and Property Damage
Insurance shall provide adequate protection against the following special
hazards:
4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY, AND
PROPERTY DAMAGE INSURANCE
As required under paragraph 28 of the General Conditions, the Contractor's Public
Liability Insurance and Vehicle Liability Insurance shall be in the amount not
less than $500,000.00 for injuries, including accidental death, to any one
person, and subject to the same limit for each person in an amount not less than
$1.000.000.00 on account of one accident, and Contractor's Property Damage
Insurance in an amount not less than $500,000.00. *SEE NOTE BELOW.
The Contractor shall either (1) require each of his subcontractors to procure and
to maintain during the life of his subcontract, Subcontractor's Public Liability
and Property Damage of the type and in the same amounts as- specified in the
preceding paragraph, or (2) insure the activities of his subcontractors in his
own policy. -
5. PHOTOGRAPHS OF PROJECT
As provided in paragraph 50 of the General Conditions, the Contractor will
furnish photographs in the number, type, and stage as enumerated below:
6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES AS
REQUIRED UNDER PARAGRAPH 59 OF THE GENERAL CONDITIONS
Given on Page 74 .
7. BUILDER'S RISK INSURANCE
As provided in the General Conditions, paragraph 28(e), the Contractor (will/will
not) maintain Builder's Risk Insurance (fire and extended coverage) on a 1007.
completed value basis on the insurable portions of the project for the benefit of
the Owner, the Contractor, and all subcontractors, as their interests may appear.
*NOTE: In accordance with Arkansas Law, insurance shall be issued by a Resident
arkansas Agent licensed by the State Insurance Department of the State of
Arkansas; or if issued out-of-state, such insurance or certificate shall
be endorsed or co-signed by a Resident Arkansas Insurance Company.
Underwriters of the required insurance shall be licensed by the State of
Arkansas.
' 8. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order 11246, As Amended
' (Applicable to Federally assisted construction contracts and related
subcontracts under $10,000.00)
' During the performance of this contract, the Contractor agrees as follows:
[1] The Contractor shall not discriminate against any employee or applicant
' for employment because of race, color, religion, sex, or national
origin. The Contractor shall take affirmative action to ensure that
applicants for employment are employed, and that employees are treated
during employment without regard to their race, color, religion, sex,
or national origin. Such action shall include, but not be limited to,
the following: employment, upgrading, demotion, or transfer;
recruitment or recruiting advertizing; layoff or termination; rates of
' pay or other forms of compensation; and selection for training,
including apprenticeship.
[21 The Contractor shall post in conspicuous places, available to employees
and applicants for employment, notices to be provided by Contracting
Officer setting forth the provisions of this nondiscriminatory clause.
The Contractor shall state that all qualified applicants will receive
consideration for employment without regard to race, color, religion,
sex, or national origin.
' [3] Contractors shall incorporate foregoing requirements in all
subcontracts.
B. Contracts Subject to Executive Order 11246, As Amended
(Applicable to Federally assisted construction contracts and related
subcontracts exceeding $10,000.00) I
' During the performance of this contract, the Contractor agrees as follows:
[1] The Contractor shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national
origin. The Contractor shall take affirmative action to ensure that
applicants for employment are employed, and that employees are treated
' during employment without regard to their race, color, religion, sex,
or national origin. Such action shall include, but not be limited to,
the following: employment, upgrading, demotion, or transfer;
' recruitment or recruiting advertizing; layoff or termination; rates of
pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor shall post in conspicuous
• places, available to employees and applicants for employment, 'notices
1 to be provided by Contracting Officer setting forth the provisions of
this nondiscriminatory clause.
I
[2] The Contractor will, in all solicitations or advertisement for
employees placed by or in behalf of the Contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
[3] The Contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the Contract
Compliance Officer advising the said labor union or worker's
representatives of the Contractor's commitment under this section and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
[4] The Contractor will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
[5] The Contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
Department and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
[6] In the event of the Contractor's noncompliance with the
nondiscrimination clauses of this contract, or with any of such rules,
regulations, or orders, this contract may be cancelled, terminated, or
suspended in whole or in part, and the Contractor may be declared
ineligible for further Government contracts or federally assisted
construction contract procedures authorized in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
[7] The Contractor will include the portion of the sentence immediately
preceding paragraph [1] and the provisions of Paragraph [1] through [7]
in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or
purchase order as the Department may direct as a means of enforcing
such provisions, including sanctions for noncompliance: Provided,
however, that in the event a Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result
of such direction by the Department, the Contractor may request the
United States to enter into such litigation to protect the interest of
the United States.
C. Hometown or Imposed Plans
In areas where a hometown plan or imposed plan is operative, the Community
' Development Block Grant Recipient must contact the appropriate HUD Equal
Opportunity Office for specific instructions.
ID. 'Section 3' Compliance in the Provision of Training, Employment, and
Business Opportunities
During the performance of this contract, the Contractor agrees as follows:
' [1] The Contractor agrees to comply with the requirements of Section 3 of
the Housing and Urban Development Act of 1968 (12 USC 170(u)), as
' amended, the HUD regulations issued pursuant thereto at 24 CFR Part
135, and any applicable rules and orders of HUD issued thereunder.
[2] The Section 3 Clause set forth in 24 CFR 135.20(b) shall form part of
this contract, as set forth in Paragraph 1 of the General Conditions,
"Contract and Contract Documents."
' [3] Contractors shall incorporate the Section 3 Clause shown below and
the forgoing requirements in all subcontracts.
Section 3 Clause as Set Forth in 24 CFR 135.20(b)
' A. The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
' Department of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968,
as amended, 12 USC 170(u). Section 3 requires that to the greatest extent
feasible, opportunities for training and employment be given lower income
' residents of the project area and contracts for work in connection with the
project be awarded to business concerns which are located in, or owned in
substantial part by persons residing in the area of the project.
' B. The parties to this contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the Secretary of
Housing and Urban Development set forth in 24 CFR , and all applicable
rules and orders of the Department issued thereunder prior to the execution
of this contract. The parties to this contract certify and agree that they
are under no contractual or other disability which would prevent them from
' complying with these requirements.
C. The Contractor will send to each labor organization or representative
' of workers with which he has a collective bargaining agreement or other
contract or understanding, if any, a notice advising the said labor
organization or worker's representative of his commitments under this
Section 3 clause and shall post copies of the notice in conspicuous places
' available to employees and applicants for employment or training.
I
I
P
U
I
ID. The Contractor will include this Section 3 clause in every subcontract
for work in connection with the project and will, at the direction of the
applicant for or recipient of Federal financial assistance, take appropriate
action pursuant to the subcontract upon a finding that the subcontractor is
in violation of regulations issued by the Secretary of Housing and Urban
Development, 24 CFR The Contractor will not subcontract with any
' subcontractor where it has notice or knowledge that the latter has been
found in violation of regulations under 24 CFR and will not let any
subcontract unless the subcontractor has first provided it with a
preliminary statement of ability to comply with the requirements of these
regulations.
E. Compliance with the provisions of Section 3, the regulations set forth
' in 24 CFR , and all applicable rules and orders of the Department
issued thereunder prior to the execution of the contract, shall be a
condition of the Federal financial assistance provided to the project,
binding upon the applicant or recipient: for such assistance, its successors
' and assigns. Failure to fulfill these requirements shall subject the
applicant or recipient, its contractors and subcontractors, its successors
and assigns, to those sanctions specified by the grant or loan agreement or
' contract through which Federal assistance is provided, and to such sanctions
as are specified by 24 CFR 135.
9. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
' (Applicable to Federally assisted construction contracts and related subcontracts
exceeding $10,000.00)
I
Compliance with Air and Water Acts
During the performance of this contract, the Contractor and all subcontractors
' shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857
et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et
seq., and the regulations of the Environmental Protection Agency with respect
' thereto, at 40 CFR Part 15, as amended.
In addition to the forgoing requirements, all nonexempt contractors and
subcontractors shall furnish the Owner the following:
' [1] A stipulation by the Contractor or subcontractors, that any facility to
be utilized in the performance of any nonexempt contract or
subcontract, is not listed on the List of Violating Facilities issued
by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
' [2] Agreement by the Contractor to comply with all the requirements of
Section 1114 of the Clean Air Act, as amended (42 USC 1857C-8), and
Section 308 of the Federal Water Pollution Control Act, as amended (33
USC 1318), relating to inspection, monitoring, entry, reports, and
' information, as well as all other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines issued
thereunder.
I
[3] ',A stipulation that as a condition for the award of the contract, prompt
notice will be given of any notification received from the Director,
' Office of Federal Activities, EPA, indicating that a facility utilized,
or to be utilized for the contract, is under consideration to be listed
on the EPA List of Violating Facilities.
' [4] ;Agreement by the Contractor that he will include, or cause to be
included, the criteria and requirements in paragraph [1] through [4] of
this section in every nonexempt subcontract and requiring that the
' 'Contractor will take such action as the Government may direct as a
means of enforcing such provisions.
10. SPECIAL CONDITIONS
' A. Definitions
In addition to the Definitions as given in Section 2 of the General
Conditions, whenever the words herein defined, or pronouns used in their
stead, occur in this contract and documents, they shall have and are
mutually understood to have the meanings herein given.
' The word "Owner" shall mean the City of Winslow, Arkansas.
The word "Mayor" shall mean the Mayor of the City of Winslow, Arkansas. The
' words "Board of Directors" shall mean the Board of Directors of City of
Winslow, Arkansas. The words "City Clerk" shall mean the City Clerk of the
City of Winslow, Arkansas. The words "City Engineer" shall mean the City
Engineer of the City of Winslow, Arkansas. The words "Water Superintendent"
shall mean the Water Superintendent of the City of Winslow, Arkansas.
The Word "Engineer" shall mean Milholland Company, Engineering & Surveying,
of Fayetteville, Arkansas., who have been employed by the Owner for this
work, or their duly authorized agents.
The word "Inspector" shall mean the engineering or technical inspector or
'
inspectors duly authorized by the Engineer, limited to the particular duties
entrusted to him, her, or them.
' The words "Bid" or "Proposal" are used interchangeably in these
specifications, and shall mean the documents provided in these
specifications for submission of bids by contractors bidding on the work.
Wherever the letters "ASTM" are used, they shall mean the American Society
'
for Testing Materials. The letters "AWWA" shall mean the American Water
Works Association. The letters "AASHO" shall mean the American Association
of State Highway Officials. The letters "NEMA" shall mean the National
Electrical Manufacturer's Association.
I
El
' When the words "as ordered," "as directed," "as permitted," "as allowed," or
words or phrases of like import are used, they shall be understood to mean
that the order, direction, requirements, permission or allowance of the
' Owner and Engineer is intended.
Similarly the words "approved," "reasonable," "suitable," "acceptable,"
"properly," "satisfactory," or words of like effect and import, unless
' otherwise particularly specified herein, shall mean approved, reasonable,
suitable, acceptable, proper, or satisfactory in the judgement of the Owner
and Engineer.
B. Scope, Nature, and Intent of Contract, Specifications, and Plans
The said specifications and plans are intended to supplement, but not
' necessarily duplicate each other, and together constitute a complete set of
specifications and plans, so that any work exhibited in the one and not in
the other, shall be excuted just as if it had been set forth in both, in
order that the work shall be completed according to the complete design or
designs as decided and determined by the Engineer. Should anything be
omitted from the specifications and plans which is necessary to a clear
understanding of the'work, or should it appear various instructions are in
' conflict, then the contractor shall secure written instructions from the
Engineer before proceeding with the construction affected by such omission
or discrepancies. It is understood and agreed that the work shall be
performed and completed according to the true spirit, meaning, and intent of
tthe contract, specifications, and plans.
C. Figured Dimensions to Govern
Figured dimensions, when given on the plans, shall be accurately followed,
even though they differ from scaled measurements. No work shown on the
' plans, the dimensions of which are not figures, shall be executed until
instructions have been obtained from the Engineer as to the dimensions to be
used. Large scale and full size drawings shall be followed in preference to
small scale drawings.
' D. Contractor to Check Plans and Schedules
' The Contractor is required to check all dimensions and quantities on the
plans and schedules given to him by the Engineer, and shall notify the
Engineer of any discrepancies between plans and the conditions on the
ground, or any error or omissions in the plans, or in the layout as given by
I. stakes, points, or instructions, which he may discover in the course of the
work. The Contractor will not be allowed to take advantage of any error or
omission in the plans or contract documents, as full instructions will be
furnished by the Engineer should error or omission be discovered, and the
Contractor shall carry out such instructions as if originally specified.
E. Staking the Work.
The work to be done will be staked out by the Engineer, and the Contractor
shall be required to conform to the stakes as set by the Engineer, and to
carefully preserve all stakes.
I
H
F. Inspection
' As set out in Section 14 of the General Conditions, the project shall at all
times be subject to inspection by representatives of the Department of
Housing and Urban Development. Access and.inspection shall be provided for
' representatives of the Owner, the Public Health Service and the Arkansas
Department of Health. The Contractor shall provide proper facilities for
such access and inspection.
' Unless otherwise directed by the Engineer, all work of a permanent nature
which cannot be inspected after completion shall be done in the presence of
an inspector. NO CONCRETE SHALL BE POURED UNLESS AN INSPECTOR IS PRESENT.
The Contractor shall notify the Engineer at least twenty-four (24) hours in
advance before concrete is to be poured. It shall be the duty of the
Contractor to notify the Engineer in advance of the beginning of work after
' delays, shutdowns, change of work progress, or change of location.
The failure or neglect on the part of the Engineer or the Inspector to
inspect, condemn, or reject inferior materials or work shall not be
' construed to imply an acceptance of the same should inferiority become
evident at any time prior to the final acceptance of the work by the Owner,
or within the time limit of one (1) year as set out in Section 40 of the
General Conditions.
The Engineer does not guarantee the performance of the contract by the
Contractor, nor shall his inspection be consrued as supervision of actual
construction, nor make him responsible for providing a safe place for the
performance of the work by the Contractor, or the Contractor's employees, or
those of the suppliers, his sub -contractors, nor for access, visits, use,
work, travel, or occupance by any person, as these responsibilities are
covered under the provisions of this contract, the Contractor's insurance
and performance bond, and are not the responsibility of the Engineer. Where
provisions of safety, in any of its categories, are not being observed, and
' this condition comes to the attention of the Engineer or his
representatives, the Engineer may require standard safety procedures to be
initiated, but the requirement of these procedures does not constitute a
' guarantee by the Engineer as to their adequacy or the safety of the public.
Where plants, buildings, or mass movement of earth is being undertaken, the
Engineer will set such control lines and basic elevations as are required
' for the Contractor to make such unit or plant layouts as are required. When
work is undertaken which requires a constant or generally intermittent
checking of lines and elevations, the Contractor shall maintain such
' equipment and personnel as are essential to the actual prosecution of the
work: In these instances, the final grades, alignment, and dimensions are
subject to the checking of the Engineer.
CI
I
I
1I
' G. Protection of Public Utilities
The Contractor shall give reasonable notice to the owners of steam, gas,
water, sewer and other pipe lines or conduits, overhead and underground
wires or other structures, either public or private, railroads, and other
owners of property, when such property is liable to injury or damage by
reason of the execution of the work, in order that the owner or owners of
such utility or other property may remove or protect the same.
If any owner or owners of public utilities liable to be affected,
endangered, or damaged by the construction of the work does not protect its
or their property, then the Contractor must do so. The Contractor shall
receive no compensation over the unit and lump sum prices specified in the
bid for the completion of this contract, which prices shall cover every item
of additional cost for all the material and labor necessary to support,
protect, or remove such tracts, pipes, conduits, overhead and underground
wires, structures, and other improvements, during the construction of said
work across, under, over, along, or near the same.
The Contractor shall satisfactorily shore, support, and protect any and all
pipes, sewers, and other structures, and shall be responsible for any damage
resulting thereto. The Contractor shall not be entitled to any damages or
extra pay on account of any postponement, interference, or delay caused by
such structures being on the line of the work, whether or not such
' structures are shown on the plans.
H. Use of Explosives
' When the use of explosives is necessary for the prosecution of the work, the
Contractor shall observe all local, state, and federal laws in purchasing
and handling explosives. The Contractor shall take all necessary
' precautions to protect completed work, neighboring property, water lines, or
other underground structures. Where there is danger to structures or
property from blasting, the charges shall be reduced and the material shall
' be covered with suitable timber, steel, or rope mats.
The Contractor shall notify all owners of public utility property of
intention to use explosives at least eight (8) hours before blasting is done
I.
close to such property. Any supervision or direction of use of explosives
by the Engineer does not in any way reduce the responsibility of the
Contractor or his surety for damages that may be caused by such use.
' I. Danger Signals and Safety Devices
' The Contractor shall take all necessary precautions to guard against damages
to property and injury to persons. He shall put up and maintain in good
condition sufficient red or warning lights at night, suitable barricades and
other devices necessary to protect the public. In case the Contractor fails
' or neglects to take such precautions, the Owner may have such lights and
barricades installed and charge the cost of this work to the Contractor.
Such action by the Owner does not relieve the Contractor of any liability
incurred under these specifications.
1
J. Sanitary Conveniences
' Sanitary conveniences, consistent with good health standards and decency,
shall be provided for the workmen. Such conveniences shall be approved by
the local officials responsible for such standards. Such conveniences shall
be maintained in good order and waste disposed of regularly and to the
satisfaction of said official.
The Contractor shall provide safe drinking water for all workmen. The water
shall come from a safe source approved by the Arkansas Department of Health.
Water shall be delivered to workmen through an approved water spigot or
angle jet fountain, and the use of a common drinking cup will be prohibited.
' K. Privileges of Contractor in Streets
The Contractor will be entitled to use such streets, alleys, roadways, or
' parts of the streets and alleys as are necessary for the prosecution of the
work. The use of such public thoroughfares shall be at the direction of the
Engineer and in accordance with the provisions as expressed by him.
The Contractor will take care to keep streets open for use whenever
practicable; cross streets will be kept open wherever possible.
The Contractor shall notify the Fire Chief of the locality when a street is
closed and shall again notify him when it is opened for traffic. In case no
adequate detour can be provided, the Contractor will stand in readiness to
provide a crossing in case of any emergency.
L. Sunday, Holiday and Night Work
No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on
Sundays or legal holidays, except work as may be necessary for the proper
care and protection of work already performed, or in case of any emergency,
and in any case only with the written permission of the Engineer.
It is understood, however, that night work may be established as a regular
procedure by the Contractor if he first obtains the written permission of
the Engineer, and that such permission may be revoked at any time by the
Engineer if the Contractor fails to maintain at night an adequate force and
equipment for reasonable prosecution and supervision of the work.
M. Owner's and Engineer's Protective Liability Insurance
The Contractor shall imdemnify and save harmless the Owner and Engineer from
and against all losses and claims, demands, payments, suits, actions,
recoveries and judgements of every nature and description brought or
recovered against him by reason of any ommission or act of the Contractor,
his agent or employees in the execution of the work or in the guarding of
it. The Contractor shall obtain in the name of the Owner and Engineer and
shall maintain and pay the premiums for such insurance in an amount not less
than $100,000.00/$500,000.00 limits, and with such provisions as will
' protect the Owner and Engineer from contingent liability under this
contract. The cost of this insurance is not an item whose cost will be
participated in by the Federal Government. Therefore, if required, the
Contractor shall furnish the Owner a cost breakdown.
I
IH
i
Ii
I
i
I
i
I
C
I
I
I
Federal Labor Standards Provisions
Applicability
The Project or Program to which the construction work covered by this
contract pertains is being assisted by the United States of America and the
following Federal Labor Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal assistance.
A. 1. (1) Minimum Wages. All laborers and mechanics employed or work-
ing upon the site of the work (or under the United States Housing Act of
1937 or under the Housing Act of 1949 in the construction.or development
of the project), will be paid unconditionally and not less often than once a
week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount
of wages and bona fide hinge benefits (or cash equivalents thereof) due at
time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractural relationship which may
be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona
fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of 29 CFR3.5(aM1)(iv); also, regular
contributions made or costs incurred for more than a weekly period (but
not less often than quarterly). under plans, funds, or programs, which cover
the particular weekly period, are deemed to be constructively made or
incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in 29 CFR
Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classifica-
tion for the time actually worked therein: Provided, That the employees pay-
roll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and
the Davis -Bacon poster (WH-1321) shall be posted at all times by the con-
tractor and its subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the contract shall
be classified in conformance with the wage determination. HUD shall
approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry, and
(3) The proposed wage rate, including any bona fide fringe bene-
fits. bears a reasonable relationship to the wage rates contained in the
wage determination.
(b) If the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and HUD or its
designee agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by HUD or its designee to the Administrator of the Wage
and Hour Division, Employment Standards Administration, U.S. Department
of Labor, Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classifi-
cation action within 30 days of receipt and so advise HUD or its designee
or will notify HUD or its designee within the 30 -day period that additional
time is necessary. (Approved by the Office of Management and Budget
under OMB control number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and HUD or its
designee do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate),
U.S. Department of Housing
and Urban Development r
HUD or its designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or its designee, to the
Administrator for determination. The Administrator, or an authorized repre-
sentative, will issue a determination within 30 days of receipt and so advise
HUD or its designee or will notify HUD or its designee within the 30 -day
period that additional time is necessary. (Approved by the Office of Man-
agement and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (1)(b) or (c) of this paragraph. shall
be paid to all workers performing work in the classification under this con-
tract from the first day on which work is performed in the classification.
(10) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit as
stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(h) If the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer cc
mechanic the amount of any costs reasonably anticipated in providing
bona tide fringe benefits under a plan or program, Provided. That the
Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have been met The
Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
(Approved by the Office of Management and Budget under OMB Control
Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon
written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the contractor under this contract or
any other Federal contract with the same prime contractor, or any other
Federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor so much of the
accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees and helpers,
employed by the contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any laborer or
mechanic, including any apprentice. trainee or helper, employed or working
on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the contract. HUD or its desig-
nee may, after written notice to the contractor, sponsor, applicant or owner,
take such action as may be necessary to cause the suspension of any
further payment advance, or guarantee of funds until such violations have
ceased. HUD or its designee may, after written notice to the contractor, dis-
burse such amounts withheld for and on account of the contractor or sub-
contractor to the respective employees to whom they are due. The Comp-
troller General shall make such disbursements in the case of direct
Davis -Bacon Act contracts.
3. (I) Payrolls and basic records. Payrolls and basic records relating
thereto shall be maintained by the contractor during the course of the work
preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction
or development of the project). Such records shall contain the name.
address, and social security number of each such worker, his or her cor-
rect classification, hourly rates of wages paid (including rates of contribu-
tions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in Section 1(bR2XB) of the Davis -t icon Act),
daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5
(aXiXly) that the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan or pro-
gram described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor
shall maintain records which show that the commitment to provide such
HUD -4010
I
(4
Previous Edition is Obsolete (HB )
(H8 1344.1)
I
I
El
I
I
[1
I
I
I
1
7. Contracts termination; debarment A breach of the contract clauses in
29 CFR 5.5 may be grounds for termination of the contract and for debar-
ment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act Requirements. All rul-
ings and interpretations of the Davis -Bacon and Related Acts contained in
29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this•
contract
9. Disputes concerning labor standards. Disputes arising out of the labor
standards provisions of this contract shall not be subject to the general
disputes clause of this contract Such disputes shall be resolved in accor-
dance with the procedures of the Department of Labor set forth in 29 CFR
Parts 5, 6, and 7. Disputes within the meaning of this clause include dis-
putes between the contractor (or any of its subcontractors) and HUD or its
designee, the U.S. Department of Labor, or the employees or their
representatives.
10. (i) Certification of Eligibility. By entering into this contract the con-
tractor certifies that neither it (nor he or she) nor any person or firm who
has an interest in the contractors firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or partici-
pate in HUD programs pursuant to 24 CFR Part 24.
(II) No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts
or participate in HUD programs pursuant to 24 CFR Part 24.
(Iii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Crimnal Code, Section
1010, Title 18 , U.S.C., "Federal Housing Administration transactions", pro-
vides in part "Whoever. for the purpose of ... influencing in any way the
action of such Administration... makes, utters or publishes any statement
knowing the same to be false... shall be fined not more than $5,000 or
imprisoned not more than two years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or
mechanic to whom the wage, salary, or other labor standards provisions of
this Contract are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any subcontractor because such
employee has filed any complaint or instituted or caused to be instituted
any proceeding or has testified or is about to testify in any proceeding
under or relating to the labor standards applicable under this Contract to
his employer.
8 Contract Work Hours and Safety Standards Act As used in this para-
graph, the terms "laborers' and "mechanics" include watchmen and
guards.
(1) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employ-
ment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work
to work in excess of forty
hours in such workweek unless such laborer or mechanic receives com-
pensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of
forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in subparagraph (1) of this
paragraph, the contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such contractor and subcon-
tractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such
territory). for liquidated damages. Such liquidated damages shall be com-
puted with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in sub-
paragraph (1) of this paragraph, in the sum of $10 for each calendar day on
which such individual was required or permitted to work in excess of
the standard workweek of forty hours without pay-
ment of the overtime wages required by the clause set forth in subpara-
graph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its
designee shall upon its own action or upon written request of an autho-
rized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal
contract with the same prime contract or any other Federally -assisted con-
tract subject to the Contract Work Hours and Safety Standards Act which
is held by the same prime contractor such sums as may be determined to
be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set
forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in subparagraph (1) through (4) of this
paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontrac-
tor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous, or danger-
ous to his health and safety as determined under construction safety and
health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and
failure to comply may result in imposition of sanctions pursuant to the Con-
tract Work Hours and Safety Standards Act (Public Law 91-54,83 Stat 96).
(3) The Contractor shall include the provisions of this Article in every
subcontract so that such provisions will be binding on each subcontractor.
The Contractor shall take such action with respect to any subcontract as
the Secretary of Housing and Urban Development or the Secretary of Labor
shall direct as a means of enforcing such provisions.
v'
HUD -4010 (2.84)
IF,S. Department o4 Labor /,`
GENERAL DECISION NO. AR90-7
Supersedes General Wage Decision No. AR89-7
State: -ARKANSAS
' County(ies): Statewide
•' Construction
Type: Water, Sewer Lines, Streets, Runways & Highway
' .Construction
Description: Construction, alteration, and/or repair of streets,
highways, runways and water & sewer utilities, (but does
( not include structures on highway rest areas).
Modification ,Record:
I.No. Publication Date Page No.(s)
i Feb. 2, 1990 14b -14c
1 . I H
t•
1 F
i
I. . . :-- H
14a
' Vol,11 -
i
AR90-7
Basic Fringe
Hourly Benefits
Rates
BRICKLAYERS 7.20
CARPENTERS 7.20
CONCRETE FINISHERS 7,20
ELECTRICIANS 8.75
IRONWORKERS:
Structural 6.30
•' Reinforcing 5.45
LABORERS:
t Air Tool Operator 5.15
Asphalt heater operator 5.15
Asphalt raker 5.85
Carpenter Helper 5.15
Chain saw Operator'. 5.15
Checker grade - 5.45
•Concrete finisher helper 5.15
Concrete joint sealer 5.15
Concrete saw operator 5.15
;Formsetter 5.45
• Laborer 3.90
lPtpeiayer 5.45
Powderman 6.40
Vlbratorman 5.15
PAINTER 6.20
PILE DRIVER LEADMAN 6.20
POWER EQUIPMENT OPERATORS:
• rAggregate spreader oper. 5.80
Asphalt plant fireman • 4.85
'Asphalt plantdrier oper. 4.85
Batchtplant oper. 5.80
Bulldozer Operators:
Finish 6.90
•1 ' Rough 5.65
Bull float operator 5.65
Concrete curing machine operator 5.65
Concrete mixer operator:
•Less than 5 sacks 5.15
.5 sacks and over 6.20
Backhoe op. - rubber tired (1 yard or
' less)' . 6.10
Cherry picker operator 6.10
Concrete paver operator 6.70
Concrete spreader oper. 6.70
Crane,lderrick, dragline, shovel,
• baCkhoe, opers.:
1-1/2 yards or less 6.70
over 1-1/2 yards 7.20
• Crusher Operator. 5.65
Distributor operator 5.65
Drill Operator wagon or truck) 5.65
Elevating grader oper. 6.70
• Euclid or like equipment operator
(bottom or end dump) 5.25
Finishing machine oper. 6.10
Fiagger 3.90
Vol, 11
14b (Feb. 2, 1990)
I
lJ S. Department of. Labor
ARSO-7
Forklift operator
' Form grader operator
Front endloader oper.:
• Finish
I. Rough: -
Hydro Seeder operator
Mechanic
Mechanic Helper
' Motor patrol operator:
Finish
• Rough
-I' Mulching machine oper.
• Oiler and greaser
Pile driver operator
( Power broom operator
' Pug Mill Operator
Roller operator (self propelled)
Scraper operator:
' Finish
} Rough
Sod slicing machine op.
Stabilizer mixing machine operator
II Tractor operator (crawler type)
Tractor operator (farm and wheel)
Tractor operator wheel type (with
attachments i yd. Or under)
Trenching machine oper.
STONEMASONS
TRUCK DRIVERS:
Distributor truck driver
Semi -trailer
Lowboy driver
Transit mix truck driver
Truck driver (heavy -maximum pay
load in excess of 3,000 lbs.)
Truck driver (light -maximum pay
load 3,000 lbs.)
Well drillers
1
1
1
1
Vol. II
WELDERS: Receive rate prescribed
which welding is incidental.'
5.05
5.05
6.70
5.65
5.15
6.90
5.25
6.90
5.65
5.15
5.45
6.20
5.15
5.15
5.25
6.90
5.65
4.95
5.65
5.15
5.15
5.55
5.55
7.20
5.45
5.45
5.65
5.45
5.15
4.85
6.90
for craft performing operation to
Unlisted classifications needed for work not included within the
scope:of the Classifications listed may be added after award only as
provided in the labor standards contract clauses (29 CFR, 5.5 (a) (1)
3(1i))::
14c (Feb. 2.
1990)
I
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED
I. PURSUANT THERETO BY THE SECRETARY OF LABOR
UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., Section 874
(Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C.,
Sec. 276B) pursuant to the Act of June 25, 1948, 62 Stat. 862)
IKICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever, by force, intimidation, or threat of procuring dismissal from
employment, or by any other manner whatsoever induces any person employed in
the construction, prosecution, completion or repair of any public building,
public work, or building or work financed in whole or in part by loans or
1 grants from the United States, to give up any part of the compensation to which
he is entitled under his contract of employment, shall be fined not more than
$5,000.00 or imprisoned not more than five years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED
(48 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., Sec. 276c)
The Secretary of Labor shall make reasonable regulations for contractors
• and subcontractors engaged in the construction, prosecution, completion or
repair of public buildings, public works, or buildings or works financed in
• whole or in part by loans or grants from the United States, including a
provision that each contractor and subcontractor shall furnish weekly a
statement with respect to the wages paid each employee during the preceding
week. Section 1001 of Title 18 (United States Code) shall apply to such
statements.
-- xxx ---
' Pursuant to the aforesaid Anti -Kickback Act, the Secretary of Labor,
United States Department of Labor, has promulgated the regulations hereinafter
set forth, which regulations are found in Title 29, subtitle A, Code of Federal
Regulations, Part 3. The term "this part," as used in the regulations
• hereinafter set forth, refers to Part 3 last above mentioned. Said regulations
are as follows:
TITLE 29 - LABOR
Subtitle A - Office of the Secretary of Labor
PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK
FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
IHUD 4238-S(R)
1'
I
Section 3.1 Purpose and scope.
This part prescribes "anti -kickback" regulations under Section 2 of the
'
Act of June 13, 1934, as amended (40 U.S.C. 276C), popularly known as the
Copeland Act. This part applies to any contract which is subject to Federal
wage standards and which is for the construction, prosecution, completion,
completion, or repair of public buildings, public works, or buildings or works
financed in whole or in part by loans or grants from the United States. That
part is intended to aid in the enforcement of the minimum wage provisions of
the Davis -Bacon Act and the various statutes dealing with Federally -assisted
construction that contain similar minimum wage provisions, including those
provisions which are not subject to Reorganization Plan No. 14 (e.g., the
College Housing Act of 1950, the Federal Water Pollution Control Act, and the
Housing Act of 1959), and in the enforcement of the overtime provisions of the
Contract Work Hours Standards Act whenever they are applicable to construction
work. The part details the obligation of contractors and subcontractors
relative to the weekly submission of statements regarding the wage paid on work
covered thereby; sets forth the circumstances and procedures governing the
making of payroll deductions from the wages of those employed on such work; and
delineates the methods of payment permissible on such work.
' Section 3.2 Definitions
' As used in the regulations in this part:
I
(a) The terms "building" or "work" generally include construction
activity as distinguished from manufacturing, furnishing of materials, or
servicing and maintenance work. The terms include, without limitations,
' buildings, structures, and improvements of all types, such as bridges, dams,
• plants, highways, parkways, streets, subways, tunnels, sewers, mains,
powerlines, pumping stations, railways, airports, terminals, docks, piers,
wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals;
dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and
landscaping. Unless conducted in connection with and at the site of such a
building or work as is described in the foregoing sentence, the manufacture or
furnishing of materials, articles, supplies, or equipment (whether or not a
Federal or State agency acquires title to such materials, articles, supplies,
or equipment during the course of the manufacture or furnishing, or owns the
materials from which they are manufactured or furnished) is not a "building" or
"work" within the meaning of the regulations in this part.
(b) The terms "construction," "prosecution," "completion," or "repair"
mean all types of work done on a particular building or work at the site
• thereof, including, without limitations, altering, remodeling, painting and
decorating, the transporting of materials and supplies to or from the building
I.
or work by the employees of the 'construction contractor or construction
subcontractor, and the manufacturing or furnishing of materials, articles,
supplies, or equipment on the site of the building or work, by persons,
employed at the site by the contractor or subcontractor.
(c) The terms "public building" or "public work" include building or work
for whose construction, prosecution, completion, or repair, as defined above, a
I. Federal agency is a contracting party, regardless of whether title thereof is
• in a Federal agency.
E
(d) The term "building or work financed in whole or in part by loans or
grants from the United States" includes building or work for whose
construction, prosecution, completion, or repair, as defined above, payment or
part payment is made directly or indirectly from funds provided by loans or
grants by a Federal agency. The term does not include building or work for
which Federal assistance is limited solely to loan guarantees or insurance.
' (e) Every person paid by a contractor or subcontractor in any manner for
his labor in the construction, prosecution, completion, or repair of a public
• building or public work or building or work financed in whole or in part by
' loans or grants from the United States in "employed" and receiving "wages"
• regardless of any contractual relationship alleged to exist between him and the
real employer.
ICr) The term "any affiliated person" includes a spouse, child, parent, or
close relative of the contractor or subcontractor; a partner or officer of the
contractor or subcontractor; a corporation closely connected with the
contractor or subcontractor as parent, subsidiary or otherwise, and an officer
or agent of such corporation.
(g) The term "Federal agency" means the United States, the District of
Columbia, and all executive departments, independent establishments,
administrative agencies, and instrumentalities of the United States and of the
District of Columbia, including corporations, all or substantially all of the
stock of which is beneficially owned by the United States, by the District of
Columbia, or any of the foregoing departments, establishments, agencies, and
instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not apply to
persons in classifications higher than that of laborer or mechanic and those
who are the immediate supervisors of such employees.
(b) Each contractor or subcontractor engaged in the construction,
prosecution, completion, or repair of any public building or public work, or
building or work financed in whole or in part by loans or grants from the
United States, shall furnish each week a statement with respect to the wages
paid each of its employees engaged on work covered by 29 CFR Parts 3 and 5
during the preceding weekly payroll period. This statement shall be executed
by the contractor or subcontractor or by an authorized officer or employee of
the contractor or subcontractor who supervises the payment of wages, and shall
be on form WH 348, "Statement of Compliance," or on an identical form on the
back of WH 317, "Payroll (For Contractor's Optional Use)," or on any form with
identical wording. Sample copies of WH 317 and WH 348 may be obtained from the
Government contracting or sponsoring agency, and copies of these forms may be
purchased at the Government Printing Office.
(c) The requirements of this section shall not apply to any contract of
$2,000.00 or less.
(d) Upon a written finding by the head of a Federal agency, the Secretary
of Labor may provide reasonable limitations, variations, tolerances, and
exemptions from the requirements of this section subject to such conditions as
the Secretary of Labor may specify.
I
(29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1968)
Section 3.4 Submission of weekly statements and the preservation and
inspection of weekly payroll records.
a) Each weekly statement required under above section 3.3 shall be
delivered by the contractor
or subcontractor,
within seven days
after
the
regular payment date of the
payroll period, to
a representative of
a Federal
or
State agency in charge at the site of the building or work, or, if
there is
no
representative of a Federal
or State agency at
the site of the
building
or
I.
work, the statement shall be mailed by the contractor or subcontractor, within
such time, to a Federal or State agency contracting for or financing the
building or work. After such examination and check as may be made, such
statement, or a copy thereof, shall be kept available, or shall be transmitted
together with a report of any violation, in accordance with applicable
procedures prescribed by the United States: Department of Labor.
1 (b) Each contractor or subcontractor shall preserve his weekly payroll
records for a. period of three years from date of completion of the contract.
The payroll records shall set out accurately and completely the name and
address 'of each laborer and mechanic, his correct classification, rate of pay,
daily and weekly number of hours worked, deductions made, and actual.. wages
paid. Such payroll records shall be made available at all times for inspection
by the contracting officer or his authorized representative, and by authorized
representatives of the Department of Labor.
Section 3•5 Payroll deductions permissable without application to or
approval of the Secretary of Labor.
Deductions made under the circumstanses or in the situations described in
' the paragraphs of this section may be made without application to and approval
of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal,
State, or local law, such as Federal or State withholding income taxes and
Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bona fide
prepayment of wages when such prepayment is made without discount or interest.
A."bona fide prepayment of wages" is considered to have been made only when
cash or its equivalent has been advanced to the person employed in such a
manner as to give him complete freedom of disposition of the advanced funds.
(c). Any deduction of amounts required by court process to be paid to
another, unless the deduction is in favor of the contractor, subcontractor, or
any affiliated person, or when collusion or collaboration exists.
I
IU
' (d) Any deduction constituting a contribution on behalf of the person
employed to funds established by the employer or representatives of employees,
or both, for the purpose of providing either from principal or income, or both,
' medical or hospital care, pensions or annuities on retirement, death benefits,
compensation for injuries, illness, accidents, sickness, or disability, or for
insurance to provide any of the foregoing, or unemployment benefits, vacation
' pay, savings accounts, or similar payments for the benefit of employees, their
• families and dependents: PROVIDED, HOWEVER, that the following standards are
• met: (1) The deduction is not otherwise prohibited by law; (2) it is either:
(i) Voluntarily consented to by the employee in writing and in advance of the
' period in which the work is to be done and such consent is not a condition
either for the obtaining of or for the continuation of employment, or (ii)
provided for in a bona fide collective bargaining agreement between the
contractor or subcontractor and representatives of its employees; (3) no profit
or other benefit is otherwise obtained, directly or indirectly, by the
• contractor or subcontractor or any affiliated person in the form of a
commission, dividend, or otherwise; and (4) the deductions shall serve the
convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of United States
Defense Stamps and Bonds when voluntarily authorized by the employee.
Cr) Any deduction requested by the employee to enable him to repay loans
or to purchase shares in credit unions organized and operated in accordance
with Federal and State credit union statutes.
(g) Any deduction voluntarily authorized by the employee for the making
of contributions to governmental or quasi -governmental agencies, such as the
American Red Cross.
(h) Any deduction voluntarily authorized by the employee for the making
of contributions to Community Chests, United Givers Funds, and similar
charitable organizations.
(i) Any deductions to pay regular union initiation fees and membership
dues, not including fines or special assessments; PROVIDED, HOWEVER, that a
collective bargaining agreement between the contractor or subcontractor and
I. representatives of its employees provides for such deductions and the
deductions are not otherwise prohibited by law.
(j) Any deduction not more than for the "reasonable cost" of room and
board, lodging, or other facilities meeting the requirements of section 3(m) of
the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title.
When such a deduction is made, the additional records required under section
516.27(a) of this title shall be kept.
I
I
I
I
Section 3.6 Payroll deductions permissible with the approval of the
Secretary of Labor
Any contractor or subcontractor may apply to the Secretary of Labor for
permission to make any deduction not permitted under section 3.5. The
Secretary may grant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not make
a profit or benefit directly or indirectly from the deduction either in the
form of commission, dividend, or otherwise;
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1) voluntarily consented to by the employee
in writing and in advance of the period in which the work is to be done and
such consent is not a condition either for the obtaining of employment or its
continuance, or (2) provided for in a bona fide collective bargaining agreement
between the contractor or subcontractor and representatives of its employees;
and
(d) The deduction serves the convenience and interest of the employee.
Section 3.7 Applications for the approval of the Secretary of Labor
Any application for the making of payroll deductions under section 3.6
shall comply with the requirements prescribed in the following paragraphs of
this section:
(a)
The application
shall be in writing and shall
be addressed to the
Secretary
of Labor.
(b).
The application
shall identify the contract or
contracts under which
the work
in question is
to be performed. Permission
will be given for
deductions
only on specific,
identified contracts, except
upon a showing of
exceptional
circumstances.
(c) The application shall state affirmatively that there is compliance
with the standards set forth in the provisions of section 3.6. The affirmation
shall be accompanied by a full statement of the facts indicating such
compliance.
(d) The application shall include a description of the proposed
deduction, the purpose to be served thereby, and the classes of laborers or
mechanics from whose wages the proposed deduction would be made.
(e) The application shall state the name and business of any third person
to whom any funds obtained from the proposed deductions are to be transmitted
and the affiliation of such person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications
The Secretary of Labor shall decide whether or not the requested deduction
is permissible under provisions of section 3.6; and shall notify the applicant
in writing of his decision.
Section.3.9 Prohibited payroll deductions
Deductions not elsewhere provided for by this part and which are not found
to be permissible under section 3.6 are prohibited.
I
Section`3.10 Methods of payment of wages
' The payment of wages shall be by cash, negotiable instruments payable on
demand, or the additional forms of compensation for which deductions are
permissible under this part. No other methods of payment shall be recognized
Ion work subject to the Copeland Act.
Section 13.11 Regulations part of contract
I. All contracts made with respect to the construction, prosecution,
completion, or repair of any public building or public work, or building or
work financed in whole or in part by loans or grants from the United States
covered by the regulations in this part shall expressly bind the contractor or
subcontractor to comply with such of the regulations in this part as may be
applicable. In this regard, section 5.5(a) of this subtitle.
I
I
I. DIVISION 4 - PIPE INSTALLATION FOR WATER MAINS
SECTION - 01 Pipe Laying
- 02 General
p. - 03 Tie Ins
04 Jointing
- 05 Pipe Insulation
' - 06 Reaction Anchorage and Blocking
- 07 P.V.C. Pipe Installation
I. DIVISION 4A - P.V.C. PIPE CONSTRUCTION & MISCELLANEOUS SPECIFICATIONS
SECTION - 01 Ties
- 02 Tracer Wire
' - 03 Trenching
- 04 Curve Pipe Installation
- 05 Fence Maintenance
- 06 Final Tests
' - 07 Special Bedding
- 08 Clean -Up
09 Additional Materials
' k DIVISION 5 - PRESSURE AND LEAKAGE TESTING
SECTION - 01 Scope
- 02 Disinfection
- 03 Bacteriological Samples
• DIVISION 7 - ASBESTOS -CEMENT PIPE
I. SECTION - 01 Scope
- 02 Asbestos -Cement Pipe
03 Compaction
It - 04 Laying
f DIVISION 8 - IRON PIPE AND FITTINGS
SECTION 8A- DUCTILE IRON PIPE AND FITTINGS
SECTION - 01 Scope
- 02 Ductile Iron Pip.
SECTION 88 - CAST IRON PIPE AND FITTINGS
SECTION - 01 Scope
- 02 Cast Iron Pipe
SECTION BC - HANDLING
■ i SECTION 8D - CUTTING PIPE
SECTION BE - ALIGNMENT OF BELL AND SPIGOT PIPE
SECTION OF - REACTION ANCHORAGE AND BLOCKING
■
DIVISION 9 - VALVES ,
F SECTION - 01 Scope
- 02 Material
- 03 Installation
- 04 Valve Keys
- 05 Valve Operating Wrench
- 06 Check Valves
I.
I
I
SPECIFICATION INDEX
DIVISION 1 - GENERAL PROVISIONS
SECTION - 01 General Description
- 02 Legal Address of Osier
- 03 Verification
I.
- 04 Liquidated Damages
05 Safety
- 06 Office and Sanitary Facilities
07 Construction on Private Property
-08 Notification of Utility Companies
- 09 Co -Contractor Bids
' r - 10 Bid Procedures
` - 11 Schedule of Operations
12 Rights -of -Way on Private Property
1 - 13 Protection and Maintenance of Public and Private Property
- 14 Maintenance of Traffic
15 Pavement Removal and Replacement
16 Barricades and Lights
- 17 Fences
18 Progress Photographs
- 19 Responsibility of Contractor for Backfill
20 Testing
- 21 Baselines and Benchmarks
22 Classification of Excavated Material
23 Measurement and Payment
' DIVISION 2 - GENERAL PIPE INSTALLATION
SECTION - 01 Cleaning
- 02 Inspection
- 03 Laying Pipe
DIVISION 3 - EARTHWORK
SECTION - 01 Scope
02 General Requirements
- 03 Trench Excavation
' - 04 Tunnelling and Boring
- 05 Rock Excavation
- 06 Backfilling
- 07 Stream Crossings
' - 08 Protection of Trench Backfill in Drainage Courses
09 Disposal of Excess Excavated Material
10 Paved Surfaces
- 11 Grading and Seeding
12 Resodding
13 Preservation of Trees and Shrubs
14 Removal of Water
' - 15 Measurement and Payment
16 Water Line and Sewer Line Separation
17 Pipe Embedment
II - 18 Trench Backfill
19 Grubbing and Cleaning
- 20 Road, Railroad, Pipeline, and Utility Service Crossings
I
1
I
I
I
I
I
I
1
I
I
DIVISION 9A - VAI
- 01
- 02
03
-04
-05
-06
-07
-08
.VES. HYDRANTS. METERS. AND APPURTENANCES
Scope
Meter Settings
Plastic Service Pipe
Air Release
Blow -Off Assembly
Fire Hydrants
Flushing Hydrants
Tracer Wire
DIVISION 10 - PLASTIC PIPE AND FITTINGS
SECTION - 01 Scope
- 02 Installation of Pipe
- 03 Jointing
04 P.V.C. Pipe and Fittings
- 05 Standards
- 06 Warranties
- 07 Handling
- 08 Cutting Pipe
- 09 Cleaning
10 Inspection
DIVISION II - VI
SECTION - 01
-02
-03
-04
-05
DIVISION 11A- POI
SECTION - 01
-02
-03
-04
-0$
fRIFIED CLAY PIPE (SEWERS)
Scope
Materials
Handling
Alignment and Grade
Factory -Molded Plastic Joints
_YVINVLCHLORIDE (PVC) PLASTIC SEWER PIPE
PVC Pipe and Fittings
Joints and Lengths
Installation
Testing
Warranty
DIVISION 12 - STANDARD MANHOLES
' SECTION )- 01 Standard Manholes
DIVISION 13 - ACCEPTANCE. TESTS.
' SECTION - 01 Infiltration-Exfiltration Tests
- 02 Lamping
{ - 03 Smoking
- 04 Proof of Acceptance
DIVISION 14 - ARMCO TRUSS PIPE
SECTION - 01 Scope
I. - 02 Material Specifications
- 03 Recommended Practice for Bedding and Backfilling
- 04 Jointing
I- 05 Laser Beam Alignment
- 06 Manhole Connection
- 07 Patching
- 08 Concrete Encasement
DIVISION 15 - LOW PRESSURE AIR TEST OF SANITARY SEWER PIPE LINES
SECTION - 01 Scope
' - 02 Summary of Method
- 03 Safety
- 04 Preparation of the Sewer Line
05 Procedures
- 06 Acceptance
DIVISION 20 - STREET SPECIFICATIONS FOR CITY OF FAYETTEVILLE
' SECTION - 01 Right -of -Way Requirements
- 02 Street Width
- 03 Sub -Base Preparation
I- 04 Base Material
- 05 Base Material Preparation
-06 Surface Course
- 07 Compaction
- 08 Curbs and Gutters
09 Sidewalks
10 Dedicated Streets
I- 11 Concrete Structures
12 General Comments
13 Street Extensions
- 14 Sub -Base Preparation
' DIVISION 21 - GENERAL COMMENTS REGARDING CONSTRUCTION
SECTION - 01 Warped or Sloping Sections
- 02 Banks
'
- 03 Natural Drainage
04 Street Inspections
05 Engineering Certification
' - 06 Utilities' Coverage
DIVISION 22 - CONCRETE STREET IMPROVEMENTS MINIMUM SPECIFICATIONS FOR
CITY OF FAYETTEVILLE
SECTION - 01 Scope
- 02 Concrete Street Structures
- 03 Subgrades
I- 04 Minimum Thickness of Sidewalks and Drives
- 05 Minimum Width of Sidewalks
- 06 Placement of Concrete Pavement
I- 07 Expansion Joints
- 08 Turn Radii
- 09 Pozzilith
- 10 Temperature During Concrete Pouring
11 Vibrator
12 Bidder Responsibility
DIVISION 24 - STORM DRAINAGE OR STORM SEWERS
SECTION - 01 Storm Drains
- 02 Natural Drainage
U- 03 Storm Drainage Design
- 04 Concrete Pipe Requirements
- 05 Corrugated Metal Pipe
- 06 Surface Drainage
' - 07 Special Gasketing and Sealing Materials
DIVISION 30 - CEI
' SECTION - 01
-02
-03
• 04
' -05
-06
07
1
1ENT TREATED CRUSHED STONE BASE
Description
Materials
Laboratory Tests and Cement Content
Construction Methods
Maintenance
Method of Measurement
Basis of Payment
Li
DIVISION 1 - GENERAL PROVISIONS
SECTION 01-01: GENERAL DESCRIPTION. The work to be performed
under these contract documents consists of providing all labor,
materials, equipment, tools, superintendence, and all other
services necessary for construction of the project as shown on
plans.
SECTION 01-02: LEGAL ADDRESS OF OWNER. The legal address of the
' Owner shall be as shown on the cover sheet of the specifications.
SECTION 01-03: VERIFICATION. Data concerning surface features,
present obstructions on or near site, locations of pipes, roads,
etc., have been obtained from sources the Engineer believes reli-
able, but accuracy of such data is not guaranteed and is fur-
nished 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 other new construction on the premises. Each
bidder is required to form his own opinion of the character of
the materials and of other conditions to be encountered from an
' Inspection of the area, from his own interpretation of test -hole
information and from such investigation as he may care to make.
SECTION 01-04: LIQUIDATED DAMAGES. Liquidated damages will be
assessed in the event of an overrun of time required to complete
the work described by these specifications in the amount set
' forth in the "ADVERTISEMENT -FOR -BIDS". The Engineer shall main-
tain a record of "Consecutive Calendar Days" and "Non -workable
Days" from date of "NOTICE TO PROCEED". If construction progress
is delayed by acts of God and beyond the control of the Contrac-
t tor, an extension of Construction Time may be requested by Con-
tractor. Contractor shall pay such damages to Owner prior to
acceptance of the construction by the Engineer.
SECTION 01-05: SAFETY. Contractor shall comply with the Occupa-
tional Safety Health Standards Act of 1964, and the latest revi-
sion thereof.
SECTION 01-06: OFFICE AND SANITARY FACILITIES. A construction
• office will be needed as required by the Contractor when required
by law. Sanitary facilities will be required as needed to con-
form with city or county ordinances or rules.
I
I
I
DIVISION 1 - GENERAL PROVISIONS
SECTION 01-07: CONSTRUCTION ON PRIVATE PROPERTY. A permanent
construction easement shall be provided by the Owner for con-
struction improvements across private property, as shown on the
easement plans, to be provided by the Engineer to the successful
bidder. The Contractor shall not damage or destroy obstructions
within area. satisfactory settlement for such damage shall be
made by the Contractor directly to the property owner. Pave -
merits, drains, fences, driveways, wells, septic tanks, lines, and
etc. shall be restored, immediately following construction of the
project, to the original condition thereof as determined and
approved by the Engineer. The Contractor shall conduct his work
so as to interfere as little as possible with traffic. The Con-
tractor shall consider Section 01-14: "MAINTENANCE OF TRAFFIC",
of these specifications as pertaining to this area also.
•Existing underground and/or overhead utilities are not always
shown on the project plans. The Contractor shall coordinate with
' all utility companies at a preconstruction conference prior to
starting construction. The Contractor shall cooperate with all
utility companies in an effort to protect existing utilities.
Any variation or elimination of construction and temporary con-
struction easements shall be reflected on the construction plans.
'• SECTION 01-08: NOTIFICATION OF UTILITY COMPANIES: The Contrac-
toz is responsible for informing utility companies forty-eight
(481 hours prior to start of construction for the purpose of
' locating existing utilities. The Contractor is responsible for
any and all damage to utility lines he might damage in the course
of construction; furthermore, the engineer shall not be held
liable for said damages.
' SECTION 01-09: CO -CONTRACTOR BIDS. In the case of two contrac-
tors working on the same job, each Contractor shall be responsi-
ble for coordinating his work schedule with the other Contractor.
Each Contractor shall be responsible for any damage done to his
respective work by the other contractor. The Engineer shall not
be held responsible for any damages of any kind.
t
SECTION 01-10: BID PROCEDURES. The Contractor shall bid said
project in accordance with construction documents and proposal
included. Extra compensation for any unit of construction must
be itemized in the proposal and included with the bid.
a
II
2
II
C
1
DIVISION 1 - GENERAL PROVISIONS
1
SECTION 01-11: SCHEDULE OF OPERATIONS. Before work is started,
the contractor shall prepare a detailed schedule of all construc-
tion operations that shall not only indicate the sequence of
work, but also the expected time of starting and completion of
1 each part. The schedule shall be submitted to the Engineer for
approval.
If conditions beyond the control of the contractor justify and
the Owner approves a deviation from the expected time, the Con-
tractor shall service the construction schedule in accordance
with the approved change. The Owner may require the Contractor
to add to his construction forces as well as increase his working
hours if operations fall behind the approved schedule to an
extent that the completion of work within the specified time
appears to be doubtful.
Connections into the existing facilities shall be so done as to
make the least possible interruption to the normal functioning of
existing facilities. The timing of this work shall be planned by
the Contractor and authorized by the Owner or his agent before
proceeding.
Residents and users of existing
the Contractor twenty-four (24)
interruptions.
utilities shall be notified by
hours in advance of service
SECTION 01-12: RIGHTS -OF -WAY ON PRIVATE PROPERTY. The necessary
permanent or temporary Rights -of -Way for the construction will be
providedby the Owner. The centerline of pipe line Rights -of -Way
across private property will be marked by the Engineer with
stakes set at intervals of sight distance.
The Contractor shall be responsible for all damage to crops and
other property outside the boundaries of the Rights -of -Way and
shall make satisfactory settlement for the damages directly with
the property owner and tenant involved, as their interests may
require.
3
n
1
DIVISION 1 - GENERAL PROVISIONS
1
SECTION 01-13: PROTECTION AND MAINTENANCE OF PUBLIC AND PRIVATE
' PROPERTY. The Contractor shall protect, shore, brace, support,
and maintain all underground pipes, conduits, drains, and other
underground construction uncovered or otherwise affected by the
' construction work performed by him. All pavement, surfacing,
driveways, curbs, walks, buildings, utility poles, guy wires, and
other surface structures affected by construction operations in
t connection with the performance of the contract, together with
all sod and shrubs in yards and parks removed or otherwise
damaged, shall be restored to the original conditions thereof as
determined and approved by the Engineer. All replacements of
such underground constructions and surface structures or parts
thereof shall be made with new materials, conforming to the
requirements of these specification or, if not specified, as
' approved by the Engineer.
The Contractor shall be responsible for all damage to streets,
' roads, highways, shoulders, ditches, embankments, culverts,
bridges, or other public or private property or facility, regard-
less of location or character,_ which may be caused by moving,
hauling, or otherwise transporting equipment, materials, or men
Ito or from the work or any part of the site thereof. The Con-
tractor shall make satisfactory and acceptable arrangements with
the Owner of, or the agency or authority having jurisdiction over
the damaged property or facility, concerning its repair or
replacement or payment of costs incurred in connection with said
damages.
' The Contractor is responsible for notifying the affected govern-
ing bodies forty-eight (481 hours prior to start of construction
and is responsible for any al all fees.
SECTION 01-14: MAINTENANCE OF TRAFFIC. The Contractor shall
conduct his work so as to interfere as little as possible with
' public travel, whether vehicular or pedestrial, and shall provide
and maintain suitable and safe bridges, detours, or other tempo-
rary expedients for accommodation of public and private travel.
Owners of private drives shall be.given reasonable notice by the
' Contractor, before initiation of construction which would inter-
fere with the normal passage of public or private travel, of the
date and extent of construction involved.
In making open -cut street crossings, the Contractor shall not
block more than half (1/21 of the street at a time. Whenever
possible, the Contractor shall widen the shoulder on the opposite
side to facilitate traffic flow. Temporary surfacing shall be
provided as necessary on shoulders.
'
I
i
DIVISION 1 - GENERAL PROVISIONS
1
SECTION 01-15: 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
Ito their original, or better, state and condition, to the satis-
faction and approval of the Engineer. See Details of various
Road Crossings in the Appendix of these specifications.
1 After trench backfill, the Contractor shall provide a gravel sur-
face at least 6 Inches in depth which he shall maintain until the
permanent pavement is replaced or the expiration of the contract
and performance bond period. The gravel shall be of the quality
normally used by the owner and shall have a sizeS gradation that
will allow dense compaction and shall be free from lumps or. balls
' of clay or other objectionable materials. Approval of both the
material and the source of supply must be obtained from the Engi-
neer prior to delivery of any material on the site of the work.
Pavements constructed of asphalt and concrete shall be removed in
a careful manner and shall be replaced in accordance with Type I
or Type III Road Crossing Details as specified on sheets 2 and 4
' in the Appendix of these specifications. Concrete and asphalt
shall comply with minimum requirements shown on project plans.
Gravel -surfaced streets shall require no paving, but shall comply
with Type II Road Crossings, Detail Sheet No. 3 in the Appendix
to these specifications. The gravel surface, as specified for
' Type II Road Crossings, shall be replaced immediately after the
trench is back -filled. A trench in a graveled street will be
considered as having been repaired when the graveled surface has
become stable and is at proper grade.
I
I
n
I
All gravel surfacings, walk, drives, or parking areas, removed or
damaged, shall be replaced with new material as specified. All
costs in connection with the removal and replacement of such sur-
facing, including the temporary gravel surface on asphalt -paved
streets, shall be included in the .unit prices bid for the pay
item affected thereby.
SECTION 01-16: BARRICADES AND LIGHTS. All streets, roads, high-
ways, or other public thoroughfares which are closed to traffic
shall be protected by means of effective barricades on which
shall be placed acceptable warning signs. Barricades shall also
be located at the nearest intersecting public highway or street
on each side of the blocked section.
5
L
DIVISION 1 GENERAL PROVISIONS
All open trenches and other excavations shall be provided with
suitable barriers, signs, and lights to the extent that adequate
protection is provided to the public. Obstructions, such as
material piles and equipment, shall be provided with similar
warning signs and lights. All barricades and obstructions shall
be illuminated by means of warning lights at night. All lights
used for this purpose shall be kept burning from sunset to sun-
rise. Materials stored upon or alongside public streets and
highways shall be so placed and the work at all times shall be so
conducted as to cause the minimum obstruction and inconvenience
to the traveling public. All barricades and light expenses will
be paid by the contractor.
SECTION 01-17: FENCES. All existing fences which interfere with
the construction operations shall be maintained by the Contractor
until the completion of the work affected thereby, unless written
permission is obtained from the owner thereof to leave an inter-
fering fence dismantled for an agreed period of time. Where
fences must be maintained across the Right -of -Way, adequate gates
shall' be installed therein. Gates shall be kept closed and
locked at all times when not in use.
On completion of the work across any tract of land, the contrac-
tor shall restore all fences to their original or to a better
condition and quality, purchasing new material to replace all
materials lost, damaged, or destroyed. Temporary gates installed
by the Contractor in any fence line may be left in place with the
permission of the owner and tenant of the property.
All materials used in fence repairs or replacements shall be
approved by the Engineer.
SECTION 01-18: PROGRESS PHOTOGRAPHS. Photographs of the con-
struction work will be taken before, during, and upon completion
of the construction. Such photographs shall be taken at the
direction of the Engineer. Contractor shall provide a Polaroid
camera and all required film for this purpose when requested by
the Engineer. .
11
I
I
DIVISION 1 - GENERAL PROVISIONS
SECTION 01-19: RESPONSIBILITY OF CONTRACTOR FOR BACKFILL. The
' Contractor shall be responsible, financially and otherwise, for
(a) all settlement of trench and other backfill which may occur
from time of original backfilling until the expiration of one
year after the date of final payment for the entire contract
under which the backfilling work was performed, (b) the refilling
and repair of all backfill settlement and the repair or replace-
, ment to -the original or a better condition of all pavement, top
surfacings, driveways, area ways, curbs, gutters, walks, surface
structures, utilities, drainage facilities, sod, and shrubbery
which have been damaged as a result of backfill settlement opera-
' tions, and (c) all damage claims or court actions against the
Owner for any damage directly or indirectly caused by backfill
settlement.
The Contractor shall make, or cause to be made, all necessary
backfill replacements, or repairs or replacement appurtenant
thereto, within thirty [30) days after due notification by the
Engineer or Owner.
SECTION 01-20: TESTING. Contractor shall provide all personnel
and facilities for testing systems. Owner will provide WATER for
testing on the following basis:
A. Pipeline and Pump Station Testing and Cleaning - A maxi-
mum of twice the capacity of all mains.
B. Storage Tanks Testing and Cleaning - A maximum of twice
I.
the capacity of all tanks.
Cost of additional water used shall be deducted from Contractor's
Final Payment.
I
I
I
F
DIVISION 1 - GENERAL PROVISIONS
7
L
I
SECTION 01-21: BASELINES AND BENCHMARKS. The Contractor shall
furnish competent personnel with work tools and material and
shall assist the Engineer in the establishment of baselines,
benchmarks, and other basic reference media needed to control the
location and elevation of work under this contract. Thereafter,
the Contractor shall carefully preserve such vertical and hori-
zontal control and shall make and be responsible for all measure-
ments from it to the work to be done.
The Contractor shall compensate the Engineer for replacing dam-
aged controls (such as hubs and stakes for horizontal and ver-
tical control) at the rate of $55.00 per hour with a minimum of
$200.00 per appearance.
SECTION 01-22: CLASSIFICATION OF EXCAVATED MATERIAL. Excavated
material shall be classified as earth excavation and blast rock
excavation. Blast rock excavation shall be composed of rock not
removable by a backhoe chopping and prying action, but requiring
drilling and blasting or air tools for its removal.
Chert, slate, sandstone boulders less than six (6) feet in diame-
ter, or any non -homogenous material shall not be considered blast
rock, and shall not be paid as such.
SECTION 01-23: MEASUREMENT AND PAYMENT. It is the intent of the
proposal and special conditions that the total bid, as submitted,
shall cover all work shown on the contract drawings and required
by the specifications and other contract documents. All costs in
connection with the work, including furnishing of all construc-
tion plant equipment and tools and performing all necessary labor
to fully complete the work shall be included in the unit and lump
sum prices named in the proposal. No item nor work that Is
required by the contract documents for the proper and successful
completion of the contract will be paid outside or in addition to
the prices submitted in the proposal. All work not specifically
set forth in the proposal as a new item shall be considered a
subsidiary obligation of the Contractor and all costs in connec-
tion therewith shall be included in the prices named in the
proposal.
The method of measurement and basis for payment for each item as
listed in the bid forms shall be as stipulated in the following
subparagraphs:
8
I
7 J
DIVISION 1 - GENERAL PROVISIONS
A. Measurement and Payment. These items shall be paid for on a
' unit price per place, furnished and installed in accordance with
plans and specifications. All payments shall be made on the
Engineer's estimated percent of completion, less 10% retainment
and designated as "PARTIAL PAYMENT" to the Contractor by the
Owner. The retainment shall be released after all acceptance
tests and cleanup operations have been completed with successful
results and acceptance by the City or governing authority.
All pipe and encasement pipe shall be measured for payment in a
horizontal plane along the centerline of pipe.
1 B. Blast Rock. This item shall be paid for on a unit price per
cubic yard as measured in the trench after excavation and before
bedding and installation of pipe and shall include all excava-
tion, dewatering, sheeting, or shoring as required, embedment,
backfill, subsequent handling, and disposal of all rock and waste
material and all other items not paid for separately.
Measurement for payment shall be computed from the actual depth
and length of blast rock excavated except that the maximum trench
width shall be considered to be the nominal pipe diameter plus
eighteen (181 inches and the maximum excavation below the
installed pipe considered to be six (6) inches. See Detail Sheet
No. 16, "Trench Detail", in the Appendix.
Rock measurement shall be made by the Engineer's representative.
' C. Material Payment. The Contractor shall. be paid for material
stored on site within thirty (301 days of delivery to the site or
within fifteen (151 days after the Engineer has submitted the
' invoices to the Owner for payment, whichever is the later date.
I
I
I
I
DIVISION 2 - GENERAL PIPE INSTALLATION
SECTION 2-01: CLEANING. The interior of all pipe and fitting
shall be thoroughly cleaned of all foreign matter before being
' installed and shall be kept clean until the pipe has been
jointed.
1 Every precaution shall be.taken to prevent foreign material from
entering the pipe while it is being installed. No debris, tools,
clothing, or other materials shall be placed on the pipe. No
hooks of any kind will be allowed to come In contact with the
'pre -molded joint or interior of the pipe.
SECTION 2-02: INSPECTION. Each piece of pipe shall be tested
for defects after its delivery alongside the trench near the
• point of installation. Cast iron, ductile iron, or vitrified
clay pipe and fittings, while suspended and hanging free, shall
' be rung with a light hammer to detect cracks. All defective,
damaged, or unsound pipe and fittings shall be rejected and
removed from the site of the work.
SECTION 2-03: LAYING PIPE. Pipe shall be protected from lateral
displacement by means of backfill specifications and Sheet No. 16
of the Appendix to the Specifications. Under no circumstances
shall, pipe be laid in water, and no pipe shall be laid under un-
suitable weather or trench conditions.
When jointed in the trench, the pipe shall form a true and smooth
line. Pipe shall not be trimmed except for closures. Pipe not
making a good fit shall be removed.
The laying of pipe shall begin at the lowest point, and the pipe
shall be installed so that the spigot ends point in the direction
of the flow.
U
I
Ii
1
1
1
DIVISION 3 - EARTHWORK
SECTION 03-01: SCOPE. This section covers excavation, trench-
ing, rock removal, embedment and backfilling, surfacing, grading,
and other appurtenant work. The Contractor shall furnish all
labor, equipment, and hand tools for earthwork.
SECTION 03-02: GENERAL REQUIREMENTS. Excavation work shall be
performed in a safe and proper manner with suitable precautions
being taken against hazards of every kind. Excavations shall
provide adequate working space and clearances for the work to be
performed therein.
Subgrade
surfaces
for
concrete and
pipe placement shall be clean
and free
of loose
material
of any kind.
Excavations shall provide adequate clearance for installation and
removal of concrete forms. In no case shall excavation faces .be
undercut for extended footings.
Back -filling and construction
of fills
and embankments during
freezing
weather shall not be
done except
by permission of the
Engineer.
No backfill, fill,
or embankment materials shall be
installed
on frozen surfaces,
nor shall
frozen materials, snow,
or ice be
placed in any backfill, fill, or
embankments.
SECTION 03-03: TRENCH EXCAVATION. All excavation shall be con-
sidered unclassified material, and will be included in the line
bid item in the proposal.
A. Line and Grade. The lines shall be excavated at approximate-
ly the locations shown on the plans, or along the lines as
designated by the Engineer. Unless a specific profile and
grade is shown on the plans, or designated in the Detail
Specifications, the grade of the trench shall follow the
topography of the ground.
B. Extra Depth Excavation, In general, the mains shall be laid
at a depth that provides a minimum of three feet of cover
below normal existing grade. However, there will be certain
areas where it will be necessary to lay at a greater depth to
meet future road grades, to clear storm sewers, sanitary sew-
ers, and other utility lines. Where these conditions are
encountered, lines shall be laid to depths designated by the
Engineer. No extra payments will be made for such extra
depth; all costs thereof are to be absorbed in the line bid
item in the proposal.
1
I
DIVISION 3 - EARTHWORK
I
IC. Foundation. The bottom of the trench shall be graded so that
the pipe will have an even bearing on good firm soil for its
full length. If the trench is excavated too deeply, it shall
be back -filled to the proper grade and well tamped.
If the natural material in the bottom of the trench is un-
suitable to support the pipe, it shall be removed to the
'
depth directed by the Engineer and replaced with suitable
material, if available, or crushed rock (1/2" graded).
D. Bell Holes. Bell holes shall be dug and shall be large
enough to permit ready access to all parts of the joint for
assembling and for inspection and to permit bearing as speci-
' fled above.
E. Bracinq and Shorinq. Except where banks are cut on a stable
' slope, excavation for structures and trenches shall be pro-
perly and substantially sheeted, braced and shored, as neces-
sary, to prevent caving or sliding, to provide protection for
existing structures and facilities. Sheeting, bracing, and
shoring, shall be designed and built to withstand all loads
that might be caused by earth movement or pressure, and shall
be rigid, maintaining its shape and position under all cir-
cumstances.
Trench sheeting shall not be pulled unless the pipe strength
is sufficient to carry trench loads based on the trench width
'
to the back of the sheeting. Also, it shall not be pulled
after backfilling. When ordered by the Engineer, wood sheet-
ing shall be left permanently in the trench.
Where trench sheeting is left in place, such sheeting shall
not be braced against the pipe, but shall be supported in a
' manner which will preclude the application of concentrated
loads of horizontal thrusts on the pipe. Cross braces in-
stalled above the pipe for the purpose of supporting sheeting
in the bottom of the trench may be removed after the pipe
' embedment has been completed.
F. Protection of Structures. All existing structures, conduits,
' pipe lines, etc., along the line of the trench shall be pro-
tected from damage or injury due to the trenching operation.
G. Wet Trench. At all times during pipe laying operations, the
trench shall be kept free of water either by pumping, bailing
or drainage.
1
I
DIVISION 3 - EARTHWORK
H. Open Ditch. The Contractor shall not open more trench in
advance of pipe laying than is necessary to expedite the
work. One block or 400 feet (whichever is the shorter) shall
be the maximum length of open trench permitted on any line
under construction. In no case shall more than one (1) joint
of pipe be left in an open trench overnight.
Except where tunneling is shown on the plans and is specified
or is permitted by the Engineer, all trench excavation shall
be open cut from the surface.
SECTION 3-04: CONSTRUCTION WITHIN PUBLIC ROADS AND RAILROAD
RIGHTS OF WAY: TUNNELING AND BORING. All railroad and highway
crossings shall be encased with casing of the lengths and depth
shown on the drawings. All casing materials and procedures shall
meet the approval of the appropriate agency. In no case shall
any boring be performed without prior written approval of the
appropriate Right -of -Way agency and written proof of proper
bonding.
A. Method of Construction. Casing pipe shall be installed using
equipment that encases the hole as the earth is removed.
Boring without the concurrent installation of a casing pipe
will not be permitted. All Joints in casing pipe shall be
smooth. Casing pipe shall extend through the entire fill and
be installed in a manner that will not disrupt traffic, dam-
age roadway grade and surface, or leave a void space between
the bore and casing.
When directed
by the Engineer and as
approved by
the
State
Highway Commission
or appropriate authority
of
other
road
systems, the
Contractor shall install
the casement
pipe
in an
open trench.
The Contractor shall
provide traffic
control,
barricading,
compacted backfill,
pavement removal
and
replacement.
3
I
I
DIVISION 3 - EARTHWORK
B. Material - Casinq pipe.
1. Welded steel pipe, new material, with a minimum yield of
35,000 psi. The following minimum wall thicknesses shall
be used:
Outside Wall Thickness (Inches)
Pipe Diameter Under Highway Under Railroad
6" 16" 0.250 0.250
8" 18" 0.250 0.312
' 2 10" 24" 0.250 0.375
12" 24" 0.250 0.375
14" 24" 0.250 0.275
I
I
E
I
I
I
I
I
2. In, lieu of welded steel, as specified above, asbestos
bonded bituminous coated corrugated metal pipe may be
used. Pipe shall be 14 gauge. Connection shall be match
punched. Pipe shall be as manufactured by Armco Steel
Company or an approved equal. Casing diameters shall be
as specified in (1) above.
In all cases, the casing used must meet Arkansas State
Highway Commission Specifications.
C. Work Within Hiqhway and Railroad Riqhts-of-Way. All work per-
formed and all operations of the Contractor, his employees,
or his subcontractors, within the limit of railroad and high-
way Right -of -Way shall be in conformity with the require-
ments, and be under the control (through the Owner), of the
railroad or highway authority owning or having jurisdiction
over and control of the Right -of -Way in each case.
D. Public Travel. Public travel shall not be needlessly incon-
venienced. Streets, sidewalks, and private driveway cross-
ings, where not bored, shall be
the pipe is laid. The order of
such as to interfere as little
streets and alleys. At no
allowed to leave an open cut st
alley overnight.
4
promptly back -filled after
trenching operations shall be
as possible with the use of
time will the Contractor be
reet, sidewalk, driveway, or
I
Ti
DIVISION 3 - EARTHWORK
1
The Contractor shall schedule his work so as to leave over-
' night no more than 15 feet of open trench or only the last
joint of pipe installed. Such open trench shall be barri-
caded completely with sawhorses or rope as approved by the
' Engineer, and warning lights or battery operated electric
flashers properly arranged to warn all traffic of the open
trench and lighted as dusk. Such open trench may be covered
with steel plates of such strength as to carry pedestrial
traffic, subject to approval of the Engineer.
SECTION 03-05: ROCK EXCAVATION.
' A. Undercut and Embedment. When the excavation is made through
rock or other material, too hard to be readily removed for
admitting the bell of the pipe, the trench shall be excavated
at least six (6) inches deeper than the grade of the outside
bottom of. the barrel of the pipe, and refilled and tamped
with suitable excavated materials, SB-2 Base, or fill sand as
directed by the Engineer.
B. Blastinq. For rock excavation the Contractor may choose the
option of drilling and blasting rock for easy removal. The
Contractor's methods of blasting shall conform with the Asso-
ciated General Contractor's Manual of Accident Prevention in
' Construction, and the National Fire Protection Association
NFPA No. 495 - Code for the Manufacture, Transportation,
Storage and Use of Explosives and Blasting Agents. Such
blasting shall be performed as approved by the Engineer. The
' Contractor shall employ someone experienced and bonded in ex-
plosives and blasting to perform all explosive and blasting
work. The Contractor shall be held responsible for noncom-
' pliance.
Prior to blasting, the Contractor shall notify all adjacent
' utilities. Care shall be exercised by the Contractor to
prevent shattering rocks beyond required limits of excava-
tion. This shall be accomplished with the charge holes pro-
perly located and drilled to correct depth for charges used.
' The charges shall all be limited in size to minimum required
to permit reasonable removal of material by excavating equip-
ment with "over -break" effects corrected by the removal of
' broken rock and replacement with approved suitable material.
Generally it is suggested that slow blow charges be used and
blasting be conducted under cover of mats so constructed to
prevent scattering of fragments.
5
I
I
I
DIVISION 3 - EARTHWORK
I.
SECTION 03-06: BACKFILLING. After the pipes and joints have
' been inspected and approved, the trench shall be filled to a
depth of one (1) foot over the top of the pipe with selected
material free of clods and stones. Such select material shall be
' deposited and compacted in a manner to firmly hold and maintain
the pipe in proper position and alignment during subsequent pipe
jointing, embedment and backfilling operations. All trench
backfill above pipe embedment shall conform to the following
'requirements when so directed by the Engineer:
A. Tamped Backfill. Tamped backfill will be required for the
' full depth of the trench under roads, driveways, highway
shoulders, curbs, sidewalks, gutters, and other surfaces,
construction, or structures. Tamped backfill materials shall
' be finely divided job excavated material free from debris,
organic material and stones larger than 3/4". The backfill
material may be placed in one operation for tamping with the
hydrohammer to finish grade, but shall have a moisture con-
tent sufficient to obtain ninety percent (90%) of maximum
density with the method of compaction used. Such density
will be tested in accordance with AASHO Designation T147-54.
' B. Uncompacted Backfill. Mechanical compaction of trench back -
fill above pipe embedments in locations other than those
' hereinbefore specified will not be required, however, com-
plete water inundation of backfill will be required.
Uncompacted earth backfill material which is to be placed
' above embedments shall be free of brush, roots more than two
(2) inches in diameter, debris, and boulders, in certain por-
tions of the trench depth.
' C. Inundated Sand Backfill. At the option of the Contractor,
inundated sand may be installed in lieu of tamped backfill in
any of the above locations where, in the opinion of the Engi-
neer, the use of water for this purpose would cause no damage
to adjacent property or buried utilities.
' Sand for inundated sand backfill shall be free from lumps,
rubbish, roots, cinders, and other objectionable material;
not more than twenty-five percent (25%) shall be retained on
' a No. 4 sieve, and not more than ten percent (10%) shall pass
a No. 200 sieve.
L
1 6
Ti
' DIVISION 3 - EARTHWORK
The general procedure to be employed in the inundation of
sand backfill with water shall be submitted by the Contractor
and approved by the Engineer prior to starting operations
thereunder. Operational details in connection therewith
' shall be acceptable to the Engineer at all times.
D. Crushed Rock Backfill. In lieu of the tamped backfill, the
Contractor may fill the full depth of the trench with a
' crushed rock, as approved by the Engineer.
After placement, the crushed rock shall be tamped to ensure a
' mechanical interlock of particles.
SECTION 03-07: STREAM CROSSINGS. A concrete encasement of six
(6) inches minimum thickness shall be installed around the pipe
at such places as are indicated on the plans or as directed by
the Engineer to provide extra protection to the pipe where it
crosses creek or stream water courses.
SECTION 03-08: PROTECTION OF TRENCH BACKFILL IN DRAINAGE
COURSES. Where trenches are constructed in or across roadway
' ditches or other water courses, suitable ditch checks as approved
by the Engineer shall be installed as directed. Ditch checks may
be of creosote treated lumber, stone, or concrete as authorized.
' In any case, the ditch check shall extend not less than two (2)
feet below the original ditch or water course bottom for the full
bottom and side slopes thereof.
' SECTION 03-09: DISPOSAL OF EXCESS EXCAVATED MATERIAL. On both
public and, private property, excess excavated materials not
required for, backfill or grading shall be removed from the site
' of excavation by the Contractor. The Contractor shall be respon-
sible for the proper disposal of such material to the satisfac-
tion of the Engineer or the Owner of the disposal site.
Excess excavated materials from trenches located in open fields
shall be distributed directly back over the pipe line and within
the pipe line Right -of -Way to a maximum depth of six (6) inches
above the original ground surface, at and across the trench and
uni
form iform side slopes.
Grubbed and excavated material not suitable for backfill, such as
rock, trees,. roots, etc., shall be PROPERLY DISPOSED OF by the
Contractor. Such items SHALL NOT be left on the construction
site.
1 ,
I
I
' DIVISION 3 - EARTHWbRK
SECTION 03-10: PAVED SURFACES. Paved surfaces shall be removed
' and replaced in kind to the satisfaction of the Engineer.
SECTION 03-11: 1 GRADING AND SEEDING. After backfilling has been
' completed and settled, all areas on the site of the work which
are to be graded shall be brought to grade at the specified ele-
vations, slopes, and contours. Slopes shall be trimmed and
dressed by hand and other surfaces so graded that effective
' drainage is secured. Grading and surfacing shall be completed to
the satisfaction of the Engineer.
' Before sowing any seed, all shaping and dressing of such areas
shall have been completed to the satisfaction of the Engineer and
the areas prepared to receive the seed by using a disc spiker or
' other implement as approved by the Engineer.
Seed used shall be first quality and shall be a mixture approved
by the owner and the Engineer. No seeding shall be done during
' windy weather or when the ground Is frozen, wet, or otherwise in
a non -tillable condition. Full advantage shall be taken of time
and weather conditions best suited for seeding, and such time of
seeding shall be subject to the approval of the Engineer.
The Contractor shall maintain all new seeded areas at his own
' expense, until final acceptance of the project. Maintenance
shall consist of watering, mulching, protecting, replacing, and
other work as may be necessary to keep the work in satisfactory
condition. All water required in connection with the seeding
' work and maintenance shall be furnished by and at the expense of
the Contractor.
SECTION. 03-12: RESODDING. All established lawn areas cut by the
line of trench or damaged during the course of the work shall be
resodded, after completion of construction, to the complete
satisfaction of the property owner. All sod used shall be of the
same type removed or damaged, shall be of the best quality, and
when placed, shall be live, fresh, growing grass.
' All sod shall be procured from areas where the soil is fertile
and contains a high percentage of loamy topsoil, and from areas
that have been grazed or moved sufficiently to form a dense turf.
' The sod shall be transplanted within 24 hours from the time it is
harvested unless it is stacked at its destination in a manner
satisfactory to the Engineer. All sod -in stacks shall be kept
moist and protected from exposure to the sun and from freezing.
In no event shall more than one week elapse between the time of
cutting and planting of the sod.
8
I
1
Ti
DIVISION 3 - EARTHWORK
Ti
I
Before placing or depositing sod on areas to be sodded, all shap-
ing and dressing of the area shall have been completed to the
satisfaction of the Engineer. After the shaping and dressing
have been completed, commercial fertilizer, of a type as approved
by the Engineer, shall be applied uniformly over the areas so
prepared in a manner and in amounts as recommended by the manu-
facturer and harrowed lightly. Sodding shall follow Immediately.
All sodding shall be done during the period from March 15 to
October 1, unless written permission is given by the Owner to
extend the planting season.
SECTION 03-13: PRESERVATION OF TREES AND SHRUBS. No trees shall
be removed outside the excavation limits, except where their
removal is authorized by the Engineer.
Main tree roots shall not be cut except where they are within the
area to be occupied by a pipe or structure. Excavation shall be
done by hand where necessary to prevent injury to roots or trees.
Where trees are on the line of trench or adjacent thereto and
conditions are such that tunneling beneath the tree can be accom-
plished without damage thereto, tunneling will be required.
Where it is impossible to tunnel under trees on the line of
trench, such trees shall be removed and disposed of by, and at
the expense of, the Contractor and to the satisfaction of the
property owner. Trees which are left standing shall be adequate-
ly protected from permanent damage by construction operation.
Trimming of standing trees where required shall be as directed by
the Engineer. All shrubbery damaged or removed by the Contractor
' shall be replaced to the satisfaction of the Owner thereof, by
and at the expense of the Contractor.
SECTION 03-14: REMOVAL OF WATER. The Contractor shall provide
and maintain adequate de -watering equipment to remove and dispose
of all surface and ground water entering excavations, trenches,
or other parts of the work. Each excavation shall be kept dry
during subgrade preparation and continually thereafter until the
structure to be built, or the pipe line to be installed therein
is completed to the extent that no damage from hydrostatic pres-
sure, floatation, or other causes will result.
All excavations for concrete structures which extend down to or
below, the static ground water elevations shall be de -watered by
lowering and maintaining the ground water surface beneath such
excavations a distance of not less than 12 inches below the bot-
tom of the excavation.
9
I
1
DIVISION 3 - EARTHWORK
1
' Surface water shall be diverted or otherwise prevented from
entering excavated areas or trenches, to the greatest extent
practicable without causing damage to adjacent property.
The Contractor will be held responsible for the condition of any
pipe line, or conduit which he (the Contractor) may use for
drainage purposes, and all pipes or conduits shall be left clean
'and free from sediment.
SECTION 0.3-15: MEASUREMENT AND PAYMENT. These items shall be
' paid for as the labor and materials are provided for complete in
place Bid Items, as furnished and installed in accordance with
plans and specification. All payments shall be made on the
' Engineer'sestimated percent of completion, less 10%. The 10%
holdback shall be released after all acceptance tests have been
completed with successful results, and acceptance by the City or
Governing authority.
SECTION 03'16: WATER LINE AND SEWER LINE SEPARATION. The cross-
ing and paralleling of water lines and sewer lines shall be In
' accordance iwith the latest revision of the "Rules and Regulations
Pertaining to PUBLIC WATER SUPPLIES" of the Arkansas State Board
of Health. Uncased water lines shall be separated by 10 feet or
' more from any sewer line.
SECTION 03-17: PIPE EMBEDMENT. Trench bottoms shall be accu-
rately graded to provide uniform bearing and support for the pipe
' barrel between bell holes. When the trench bottom is of proper
character, such as uncemented granular material or other natural
bedding material, and uniform shaping can be executed, foreign
bedding material will not be required except as directed by the
Engineer for particular exceptions in construction. When trench
bottom materials will not allow uniform bearing for the entire
pipe length the excavations shall be carried to a depth suffi-
cient to allow a minimum depth of bedding material, as specified
herein and detailed on the plan, to be placed under the pipe.
The details of trenching, clearances, and pipe embedment are
shown on the drawings and the character of such materials are as
follows:
1
' 10
DIVISION 3 - EARTHWORK
A. Granular Beddinq shall be crushed stone or gravel with not
less than 95% passing 3/4 inch and not less than 95% retained
on a No. 4 sieve; to be placed in not more than a 12 inch
layer in the trench bottom and graded, shaped and compacted
by slicing with a shovel or other approved means to provide
uniform continuous support for the installed pipe between
bell holes.
B. Compacted Beddinq shall be finely divided, job -excavated
material free from debris, organic material, and stones, and
compacted to a uniform density which will prevent displace-
ment of the pipe during subsequent operations as approved by
the Engineer; granular bedding material may be substituted
for all or part of compacted bedding, but at no additional
cost to the Owner.
After each joint of pipe has been graded, aligned, and placed
in final position on the bedding material, and shoved home,
sufficient pipe bedding material shall be deposited and com-
pacted under and around each side of the pipe and back of the
bell, or end thereof, to firmly hold and maintain the pipe in
proper position and alignment during subsequent pipe joint-
ing, embedment, and backfilling operations.
SECTION 03-18: TRENCH BACKFILL. Trench backfill above pipe
embedment shall conform to one of the following requirements:
A. Compacted Backfill shall be firmly divided material free from
debris and organic material, but may contain rubble and
detritus from rock excavation at certain levels of the trench
depth. This material, with a sufficient moisture content,
may be placed in lifts and mechanically tamped to 90% maximum
density as determined by AASHO Standard Method A -T-147-54
(using AASHO T-99-57 as a compacted control test), or the
entire trench depth may be back -filled and the required com-
paction obtained by tamping with a hydrohammer or by inunda-
tion with water.
The method used in obtaining compaction shall be approved by
the Engineer. Granular bedding material may be used as com-
pacted backfill at the option of the Contractor, but at no
additional cost to the Owner.
B. Uncompacted Backfill shall be free of brush, roots more than
2 inches in diameter, debris, and junk, but may contain rub-
ble and detritus from rock excavation, stones, and boulders
at certain levels of the trench depth. Placement of the
material shall be by methods approved by the Engineer.
11
I
I
DIVISION 3 - EARTHWORK
!1
C. Inundated Sand may, at the Contractor's option, be installed
in lieu of tamped backfill where, in the opinion of the Engi-
neer, the use of water for this purpose would cause no damage
to adjacent property or buried utilities.
Sand for inundated sand backfill shall be free of lumps, rub-
bish, roots, cinders, and other objectionable material; not
more than 25% shall be retained on a No. 4 sieve, and not
more than 10% shall pass a No. 200 sieve.
The inundation of earth (water settled) or sand backfill
shall be done in such a manner as to not disturb the
installed pipe or its embedment material, and to use the
least amount of water possible in obtaining the most desir-
able amount of settlement. Trenches shall not be brought to
ground level; the water shall be introduced to the trench,
from the top of the pipe embedment upward, through a pipe
probe attached to a hose, being careful not to disturb bed-
ding material in any consequential nature. Backfill material
shall be added during the inundation process so that at com-
pletion of the operation a desired surface elevation will be
obtained. If for reasons of porous soil, or other circum-
stances, the backfilling and inundations may proceed by
stages if so authorized by the Engineer.
This general procedure to be employed in the inundation of
sand backfill with water shall be submitted by the Contractor
to, and approved by, the Engineer prior to starting opera-
tions thereunder. Operational details in connection there-
with shall be acceptable to the Engineer at all times.
Compacted backfill shall be required where beneath pavements,
surfacing, driveways, curbs, gutters, walks, or other surface
construction or structures or where in road or highway shoul-
ders or beneath areas where sod is to be replaced.
Placement of trench backfill material will proceed in such a
manner, as approved by the Engineer, that no excessive loads,
shocks, or impacts will be imposed on the installed pipe
which would result in pipe injury or displacement.
Compact masses of still, mucky clay or gumbo, or other con-
solidated material, or stone more than one cubic foot in
volume shall not be permitted to fall more than 5 feet into
the trench unless cushioned by at least 2 feet of loose_
backfill above the pipe embedment.
12
DIVISION 3 - EARTHWORK
No trench backfill material containing rock, or rock exca-
vation detritus, shall be placed in the upper 18 inches of
the trench except with the specific permission of the Engi-
neer in each case, nor shall any hard rock, stone or boulder
• larger than 8 inches in its greatest dimension be placed
within 3 feet of the top of the pipe. Large stones may be
placed in the remainder of the trench backfill only if well
separated and so arranged such that no interference with
backfill compaction or settlement will result.
Additional backfilling may be necessary at a later date
before aving or other surfacing is installed or completed.
es Trenchto receive sod or seeding shall be topped with 12
inches of topsoil or material equal to that adjacent to the
trench at the ground surface.
SECTION 03-19: GRUBBING AND CLEARING. The Contractor is respon-
sible for grubbing and clearing.all those areas within the con-
struction limits in which he performs work. The Contractor shall
properly dispose. of all rubble, debris, rocks, etc. He shall
also clean and dress up the construction site.
SECTION 03-20: ROAD, RAILROAD, PIPELINE, AND UTILITY SERVICE
CROSSINGS. All construction intersection or paralleling an
existing road, highway, railroad, pipeline, or utility shall
conform to the requirements established within the jurisdiction
of the interested governing authorities.
A. State Highway and County Road Permits. Verbal permission for
the construction across and under state and county highways
has been obtained by the Engineer. However, the Contractor
shall be required to post deposits which shall be returnable
upon approval and acceptance by the State Highway Department,
the highway department of the county or counties in which the
project is located, or any other proper governing authority.
No work order shall be issued until such deposits have been
made.
�' B. Local Natural Gas Company. The local gas company sets forth
the following requirements for crossing their pipe lines:
1: The proposed water line should be constructed so that it
will cross under or over the gas line with a minimum
clearance of 12".
2. It is desirable that the waterline cross the gas pipe-
line, as near as possible, at right angles.
13
.1
DIVISION 3- EARTHWORK
3. No structure, appurtenance or related fitting will be
placed over or under said pipeline which will hinder or
interfere with the normal operation and maintenance of
the pipeline.
4. Written notice shall be provided the area representative,
as shown on Plan's cover sheet, in sufficient time prior
to construction activities so that the local gas company
representative may be present during the construction of
the line at the crossings.
5. The approaches to the gas pipeline shall be made so that
the gas pipeline will be exposed only the minimum length
of time. If it is evident that the ditch will cave in at
the point of crossing the gas line, cribbing will be
requested at this location. ..
6. Sufficient precaution should be taken in the use of heavy
construction equipment so that no damage will be done to
the gas pipeline. The use of such heavy equipment over
the gas lines will be reduced to an absolute minimum.
Furthermore, if conditions so require, the gas pipelines
will be bridged or matting will be used in connection
with the operation of such equipment to prevent possible
damage to the gas lines.
7. The location of the point of crossing should be identi-
fied by the best practical method.
8. The water main shall parallel gas mains at a perpendi-
cular distance of 20 feet or more.
C. Local Power and Liqht Companies. The local power and light
companies set forth the following requirements for construc-
tion of water mains within their easements:
1. Construct water main parallel to power lines at a perpen-
dicular distance of five (5) feet or more.
2. Advance notice shall be given if their facilities inter-
fere with construction.
14
I
DIVISION 4 - PIPE INSTALLATION FOR WATER MAINS
SECTION 04-01: PIPE LAYING. The laying of pipe shall be done in
accordance with the pipe manufacturer's recommendations, the
plans, AWWA C-600-77 for C.I. and D.I. pipe and AWWA C-603 for
Asbestos -cement pipe and these specifications for PVC Pipe. See
Sheet No. 15, Appendix to these Specifications.
' SECTION 04-02: GENERAL. Equipment used to place pipe shall be
rubber -mounted to avoid severe scoring of paved surfaces. The
• pipe is to be installed with the bell ends facing the direction
of laying except when otherwise approved by the Engineer. A
night plug shall be installed whenever the Contractor shuts down
the job each day. Where fittings and other appurtenances are
sometimes called for on the drawings, such locations can be
shifted to fit between pipe joints. Such relocations from the
plans is limited to ten (10) feet maximum. The laying of pipe
will not be permitted in water or on blocks. When ground water is
encountered in the trench, the Contractor shall furnish such
dewatering equipment as is necessary to keep ground water from
entering the pipe.
The jointing of the pipe shall be done in strict accordance with
the pipe manufacturer's recommendations. The bell and spigot of
the joint to be made shall be clean of all foreign matter prior
to jointing. The spigot end of the pipe is to be thoroughly
cleaned and then coated with the recommended lubricant to facili-
tate jointing. The gaskets are to be inspected prior to joint-
ing. The pipe jointing shall be accomplished with equipment
approved by the Engineer, which is capable of shoving the .pipe
home without damage to joints.
• SECTION 04-03: TIE INS. This item shall. consist of connection
of the new pipe line to the existing mains by means of tapping
under pressure, cutting in a tee and valve, or any connection to
existing mains when customers must be notified of an interruption
of their water service.
The
Contractor shall
furnish all
labor,
material,
equipment,
and
hand
tools necessary
to complete
the tie-in.
All
customers
shall
be notified by the Contractor 24 hours in advance of any shutdown
as to the time service will be interrupted and the estimated time
service will be restored. All valves within an active system and
in operation shall be operated by city employees only and by the
Contractor.
I
U
1
1
DIVISION 4 - PIPE INSTALLATION FOR WATER MAINS
SECTION 04-04: JOINTING. Jointing shall be done in accordance
with the manufacturer's recommendations. If effective sealing is
no obtained, the jointing shall be disassembled, thoroughly
cleaned, inspected, and reassembled.
SECTION 04-05: PIPE INSULATION. The Contractor shall furnish
and install insulation on all exposed piping, flanges, and fit-
tings, as shown on the plans. Insulation shall extend to a depth
of 18 inches beneath the existing ground surface. All insulation
shall be protected with aluminum jacketing not less than 0.019
inch thickness with a proper vapor barrier.
All surface of pipe shall be prepared and the insulation and
jacketing installed according to the manufacturer's recommenda-
tions.
SECTION 04-06: REACTION ANCHORAGE AND BLOCKING. All unplugged
tees, Y -branches, and bends deflecting 22 1/2 degrees or more
installed in trench shall be provided with concrete thrust back-
ing between the fitting and solid, undisturbed ground in each
case. At the tops of slopes, vertical angle bends shall be
anchored by means of a steel strap or rod anchors securely embed-
ded in or attached to a mass of concrete of sufficient weight to
resist the hydraulic thrust at the maximum pressures to which the
pipe will be subjected. All concrete blocking and anchors shall
be installed in such a manner that all joints between .pipe and
fittings are accessible for repair.
Pipe and fittings shall be provided with thrust blocks and
• anchorage as detailed on the accompanying plans and as may be
determined in the field by a competent, licensed Engineer. The
bearing area of concrete reaction blocking against the ground or
trench bank shall be shown by the plans or shall be computed by a
competent, licensed Engineer in each case. In the event that
adequate support against undisturbed earth cannot be obtained,
metal harness anchorages consisting of steel rods or bolts across
the joint and securely anchored to pipe and fitting shall be
installed to provide necessary support. Should the lack of a
solid vertical excavation face be due to careless or otherwise
improper excavation, the entire cost of furnishing and installing
metal harness anchorages in excess of the contract value of the
concrete blocking replaced by such anchorages shall be borne by
the Contractor. All steel equipment used for reaction anchorage
• shall be painted with two coats of Kopper's "Bitumastic No. 50."
C. Concrete for Encasement and Thrust Blocks. Class B concrete
for encasement and thrust blocks shall be proportioned and
mixed to have a minimum allowable compressive strength of
3,000 pounds per square inch at 28 days.
2
DIVISION 4 - PIPE INSTALLATION FOR WATER MAINS
Class B
concrete
is described below
as
to water -cement ratio,
cement
per cubic
yard, and compressive
strength, as follows:
Water -Cement Cement -Sack
Ratio* Per C.Y.
Compressive
Strength**
Class "B" 8.0 4.8 3,000
*Gallons (U.S.) per sack of cement (95 pounds net)
**Pounds per square inch at 28 days.
SECTION 04-07: PVC PIPE INSTALLATION. All PVC pipe shall be
laid in accordance with the manufacturer's recommendations, the
plans, and specifications herein. See Division 4-A and Division
10 of these specifications.
Pipe shall be field checked by the Contractor for damage prior to
installation. Care shall be exercised to embed pipe without
damage and in accordance with the bedding material specifica-
tions herein. Each joint shall carefully be checked, cleaned,
prepared and then shoved home without stress or strain on the
joint after placed in the trench. All pipe shall be laid
straight with side walls of pipe braced with compacted selected
backfill material from the bottom of trench to the top of pipe,
and from sidewall of pipe to sidewall of trench.
Curves: All PVC pipe shall be placed in the trench so as to
minimize movement of the pipe after start-up operations. The
following placement methods shall be used with approaching, fol-
lowing through, and leaving curves in the pipe trenches:
A. When trench side walls are good, undisturbed soil materials,
Contractor shall approach the Point of Curvature to the curve
with pipe laid straight and touching the long radius side of
trench wall; thence continue around the curve with a smooth
symmetrical trench with pipe being laid against the long
radius trench wall to the Point of Tangency to the curve.
B. When trench side walls are NOT desirable for pipe bedding and
bracing, compacted bedding, as specified herein for straight
line trenches, shall be used.
3
Ii
I
DIVISION 4A - PVC PIPE CONSTRUCTION
AND
MISCELLANEOUS SUPPLEMENTAL SPECIFICATIONS
SECTION 4A-01: TIES. Contractor shall make tie into existing 4"
main and the existing water storage tank in accordance with the
Construction Plans and Sheets No. 21 & 22, Appendix to the
Specifications.
SECTION 4A-02: TRACER WIRE. Contractor shall successfully place
and tie No. 14 solid THHN nylon -coated copper wire around and
beside each, joint of PVC water pipe.
SECTION 4A -O3: TRENCHING. The Contractor shall install all pipe
in a straight line trench as staked by the Engineer. Curves are
allowed as needed but shall not exceed pipe manufacturer's
recommendations. All PVC pipe shall have a minimum of 36 "
cover.
SECTION 4A-04: CURVE PIPE INSTALLATION. The entire curved
length, from P.C. to P.T. of curve, of long -sweeping PVC pipe
shall, rest against compacted backfill or acceptable undisturbed
trench walls on the long -radius side of trench.
SECTION 4A-05: FENCE MAINTENANCE. The Contractor shall be
responsible for damages incurred due to lack of proper
maintenance of fences damaged within the course of construction.
Fences are to be repaired according to Division No. 1 of
specifications herein.
I
SECTION 4A-06: FINAL TESTS. The Contractor shall schedule seven
(7) days in advance with the Engineer's representative a final
acceptance test for each valved section of the pipe system. The
contractor shall, at his expense, perform the necessary tests and
repair prior to scheduling the final acceptance tests to assure
himself of the pipe's pressure stability and acceptance.
SECTION 4A-07: SPECIAL BEDDING. Special bedding required for
pipe in wet areas, rock excavated trenches, and gravel road
crossings, creek crossings, and other specified areas, unless a
Bid Item for Special Bedding is provided and specified for said
areas, such Special Bedding shall be subsidiary to other items of
the contract. See Appendix of the Specifications.
QECTION 4A-08: CLEAN UP. The Contractor shall properly clean
and grade the path of construction immediately after
construction. Trench settlement shall be repaired, and damaged
yards and pasture shall be fertilized and seeded until a
successful growth of vegetation is obtained.
1
H1
DIVISION 4A - PVC PIPE CONSTRUCTION
AND
MISCELLANEOUS SUPPLEMENTAL SPECIFICATIONS
SECTION 4A-09: ADDITIONAL MATERIALS. All materials necessary to
successfully complete the project and not called for on the plans
and specifications, shall be subject to the approval of the
Engineer. All such small items shall be subsidiary to other
items of the contract.
I
I
2
I
DIVISION 5 - PRESSURE AND LEAKAGE TESTING
SECTION 05-01: SCOPE. It is the intent of these specifications
that all joints be watertight and free from visible leaks, and
each leak which may be discovered, at any time prior to the expi-
ration of one year after the date of final acceptance by the own-
er, shall be repaired by and at the expense of the Contractor.
The following tests shall be in accordance with AWWA C-600-77 or
the latest revision thereof. The Contractor may, at his conven-
ience, with the approval of the Engineer, make tests upon the
system in addition to those listed below.
With the installation of temporary blockage to protect the green
concrete or allowing a lapse of at least 8 days after the placing
of thrust or backing blocks, all newly laid pipe and its appurte-
nances or any valve sections thereof shall be subjected to pres-
sure and leakage tests. The Contractor shall provide all testing
equipment and material including water of a quality approved by
the Engineer, if not provided by the Owner, and shall conduct the
following tests in the presence of the Engineer.
Tests in the presence of the Engineer are intended to be demon-
strations of satisfactory performance. The Contractor shall
satisfy himself that the section to be demonstrated will pass a
test before requesting one. If subsequent tests are required
because of ;failure of the demonstration from lack of prepara-
tions, the Contractor shall compensate the Engineer for time
spent on such subsequent tests.
A. Hydrostatic Pressure, the hydrostatic test pressure to be
applied shall be accomplished at one and one-half (1-1/2)
times working pressure or 200 psi, whichever is greater.
This test pressure shall be applied relative to the lowest
point in the main being tested.
B. Pressure Test. Each valved section of pipe shall be subjec-
ted to a pressure test prior to connection with the rest of
the system. The pipe shall be completely filled with water
with all entrapped air expelled through hydrants or blowoffs
at high places, or if such are not available, through taps
made at the high points. Such taps shall be plugged subse-
quent to the pressure and leakage tests.
4
1
I.
DIVISION 5 - PRESSURE AND LEAKAGE TESTING
The pressure in the line section being tested shall be increased
by pumping to the calculated test pressure and shall be main-
tained at that level for at least two hours and for whatever
longer period as may be necessary for the Engineer to complete
the inspection of the line under test and the Contractor to
locate any and all defective joints and pipe line materials. If
repairs are needed, such repairs shall be made, the line re-
filled, and the test pressure applied as before; this operation
shall be repeated until the line and all parts thereof withstand
the test pressure.
C. Leakage Test. Each valved section of pipe shall be subjected
to a leakage test prior to backfill, iwdiately after a suc-
cessful pressure test. Leakage test is to be in accordance
with AWWA D-600-77. The pressure shall be maintained at the
test pressure of the line section being tested for four hours
and the water leakage shall be measured by refilling the con-
tainer used for pump section. Line leakage is defined as the
total amount of water introduced into the line as measured
during the leakage test.
In no event shall the line be accepted if the leakage for any
pipe exceeds 10 gallons per 24 hours per mile of pipe per inch of
nominal diameter for P.V.C. pipe, or 12 gallons per 24 hours per
mile of pipe per inch of nominal diameter for cast iron, ductile
iron, or asbestos -cement pipe. All visible leaks shall be re-
paired regardless of whether the section in question meets leak-
age limitations or not. Leaks shall be repaired and the tests
repeated until the line is approved by the Engineer.
SECTION 05-02: DISINFECTION. All lines of the water system
I
shall be disinfected after they have been flushed, according to
the AWWA C-601-68 or the latest revision except as herein stated.
•
After satisfactory pressure and leakage tests have been comple-
ted, a solution of water containing at least 100 parts per mil-
lion of free available chlorine shall be introduced into the pipe
line at the distributions system intake. Various outlet points
and valves shall be opened to allow the flow to proceed through
the largest pipe successively to the smallest, including service
outlets, throughout the system. Discharge from the system shall
be accurately measured and tested to ascertain when various sec-
tions of the pipe have been filled with the chlorine solution.
After the system has been filled, it shall be allowed to stand
for 24 hours after which there should be at least 25 parts per
�
million residual chlorine remaining in the water.
I
2
I.
I
I
DIVISION 5 - PRESSURE AND LEAKAGE TESTING
After disinfection has been completed and approved by the Engi-
neer, the Contractor shall thoroughly flush the main until resi-
• dual. chlorine is less than 2 parts per million.
All materials and equipment necessary to properly disinfect the
pipe system shall be provided by the Contractor. If a section of
line fails to yield a safe sample after taking samples three con-
secutive weeks, the Contractor will be required to rechlorinate
the line. Some data pertinent to pipeline disinfection are con-
tained in the following Table A:
TABLE A
Calcium
Nominal Capacity •Chloride of Lime Hypochloride
Pipe Size Gals./100 Ft. 1 Lb./100 Ft. 1 Lb./100 Ft.
T-
3/4 2.3 .0092 .00345
1 4.0 .016 .00600
2 16.3 .065 .0244
3 36.7 .147 .0550
4 65.2 .260 .0978
__ 6 147.0 .588 .2205
8 261.0 1.044 .3915
10 406.0 1.624 .6080
12 585.0 2.340 .8770
a
Quality of chlorine compound noted based on 4 lbs./100 gal.
Chloride of Lime (25% avail. C12) and 1.5 lbs./gal. Calcium
Hypochloride (70% avail C12).
The Contractor shall furnish all material, labor, and equipment
to flush out and disinfect all existing water systems integrated
with the water system.
SECTION 05-03: BACTERIOLOGICAL SAMPLES. After disinfection,
bacteriological samples should be taken by a...City representative
on two (2) consecutive days and submitted to the Arkansas Depart-
ment of Health for analysts with safe results before placing new
lines into service.
I.
I
&ECTION 8-A a DUCTILE IRON PIPE & FITTINGS
I
SECTION 8A -01: SCOPE. This section covers ductile iron pipe,
Joints and ductile iroxL fittings which shall be furnished and
installed complete with all Jointing materials and accessories,
anchors and blockings, and other appurtenances.
SECTION 8A-02: DUCTILE IRON PIPE. All ductile iron pipe,
fittings, and jointing materials shall be as shown on the plans
and as specified herein.
A. Pipe.
1. Designed in accordance w
2. Manufacture and testing:
3. Grade: Tensile Strength:
Yield Strength:
Elongation in 2":
4. Dimensions: (Min.)
ith ANSI/AWWAC-150
ANSI A21.51 and. AWWA C-150
60,000 psi
42,000 psi
10 %
Wall Outside
Size Thickness Thickness Diameter
Inches Class Inches Inches
4 51 0.29 4.80
6 51 0.31 6.90
8 51 0.33 9.05
10 51 0.35 11.10
12 51 0.37 13.20
14 51 0.36 15.30
16 51 0.37 17.40
Pipe must be rated at 350 psi minimum working pressure, plus 100
psi surge pressure, unless otherwise stated in the construction
Bid Items.
B. Fittings-. All fittings shall be restrained mechanical or
boltless, gasketed jointed and cement lined, such as American
"Mechanical Joint with Retainer Gland" or "Flex -Ring Joint,"
or equal.
1. Manufacture and Testing: AWWA C -11O, ANSI A21.4, A21.10,
A21.11
2. Thickness and Iron:
Size of. Pipe
(Diameter)
4" through 6"
AWWA C-150
Thickness Class
D
I
ASTM A-48
Iron Class
25
U
I
DIVISION 8 - IRON PIPE & FITTINGS
I
3. All fittings up to 12 inch size shall be class 250 and
all fittings larger than 12 inches are to be class 150
unless specified differently on Plans and in Bid Items.
I. 4. Contractor shall install all fittings as designated on
the plans. Generally, only fittings required for hori-
zontal alignment have been indicated. All other fittings
required shall be furnished by the Contractor, who will
be compensated in accordance with the adjustment unit
price stated in the proposal.
i
Ib
I
C. Pipe Joints. Mechanical or boltless, gasketed type (ANSI
A21.11 and AWWA C-111) such as "Pastite," "Bell-Tite,"
"Tyton," and "Altite." Joints shall be rated equal to pipe
rating specified in Bid Items.
D. Restrained Joints. All restrained pipe joints and restrained
fittings shall be rated at. 350 psi working pressure, plus 100
psi surge pressure, unless otherwise specified in the Bid
Items.
Pipe Coatinq and Lining.
1.
Cement Lining:
AWWA
C-104
and
ANSI
A21.4
2.
Bituminous Coating:
AWWA
C-104
and
ANSI
A21.4
a
1
I
i
DIVISION 8 - IRON PIPE 6 FITTINGS
SECTION 8-B - CAST IRON PIPE AND FITTING
• SECTION 8B-01: SCOPE. This section covers cast iron pipe and
fittings which shall be furnished and installed complete with all
' jointing materials and accessories, anchors and blockings, and
other appurtenances.
SECTION 8B-02: CAST IRON PIPS. All iron pipe, fittings, and
jointing materials shall be as shown on the plans and as
specified herein, and shall be rated at a minimum of 200 psi
working pressure, plus 100 psi surge pressure.
A. e.
1. Design: ANSI/AWWA C-101
2. Manufacture and testing: ABA A21.1, A21.6, A21.8, or A21.9
3. Iron: 21/45
4. Dimensions: (Minimum)
Wall
Outside
Size
Thickness
Thickness
Diameter
- Inches
Class
Inches
Inches
4
22
0.35
4.80
6
22
0.38
6.90
8
22
0.41
9.05
10
22
0.44
11.10
12
22
0.48
13.20
14
22
0.51
15.30
16
22
0.54
17.40
Pipe must have a• minimum working pressure of 200 psi or as
otherwise specified on plans and/or Bid Items.
B. Fittings, All fittings shall be mechanical jointed and
cement lined.
1. Manufacture and Testing: AWWA C-110, ANSI A21.4, A21.10,
A21.11 -
2. Thickness and Iron:
I
Size of Pipe
(Diameter)
4" through 6"
AWWA C-150
Thickness Class
3
D
ASTM A-48
Iron Class
25
DIVISION 8 - IRON PIPE & FITTINGS
3. All fittings up to 12 inch size shall be class 250 and
fittings larger than 12 inches are to be class 150, un-
less specified differently on plans and Bid Items.
4. The Contractor shall install all fittings as designated
on the plans. However, only fittings required for hori-
zontal alignment have been indicated. All fittings re-
quired shall be furnished by the Contractor„rwho will be
compensated in accordance with the unit price stated in
.the proposal.
C. Pipe Joints. Mechanical or boltless, gasketed type (ANSI
A21.11 and AWWA C-111) such as American "Fastite," Clow
"Bell-Tite," U.S. "Tyton," Griffin "Bell-Tite," or McWayne
"Tyton."
D. Restrained Joints. All restrained pipe joints and restrained
fittings shall be rated at 350 psi working pressure, plus 100
psi surge pressure, such as U.S. Pipe's "Lok-Tyton" Joint, or
an approved equal.
E. Pipe'Coatinq and Lining.
1. Cement Lining: ASA A21.4, except lining thickness may be
reduced to 1/2 specified thickness.
2. Bituminous Coating: Manufacturer's Standards.
SECTION 8-C: HANDLING. Pipe, fittings, and accessories shall be
handled in a manner that will ensure their installation in the
work in sound, undamaged condition. Equipment, tools, and
methods used in unloading, reloading, hauling, and laying pipe
and fittings shall be such that they are not damaged. Hooks
inserted in.. endsofpipe shall have broad, well -padded contact
surfaces.
Pipe in which the cement lining has been broken or loosened shall
be replaced by and at the expense of the Contractor. Where the
damaged areas are small and readily accessible, the Contractor
may be permitted to repair the lining, subject to approval of the
Engineer..
All pipe coating which has been damaged
Contractor before installing the pipe.
4
shall be repaired by the
F
DIVISION 8 - IRON PIPE & FITTINGS
SECTION 8-D: CUTTING PIPE. Cutting of pipe shall be done in a
neat manner without damage to the pipe or to the cement lining
therein. Pipe cuts shall be smooth, straight, and at right
angles to the pipe axis. All cutting of pipe shall be done with
mechanical pipe cutters of an approved type except that, in loca-
tions where the use of mechanical cutters would be difficult or
impractical, existing pipe may be cut with diamond point chisels,
' saws, or other tools which will cut the pipe without damaging
impact or shocks.
I SECTION 8-E: ALIGNMENT OF BELL AND SPIGOT PIPE. Pipe lines or
runs intended to be straight shall be straight. Deflections from
• a straight line or grade measured between the centerlines exten-
ded of any two connecting piping units and expressed in inches
per linear foot, shall not exceed that shown in the following
table:
Pipe Size (=D)
• 8" to 12" ; 14" to 16"
Type of Joint 6 inch : inclusive : inclusive
' Mechanical or Boltless
Gasketed 6/D 8/D 9D
Either shorter pipe sections or special bends shall be installed
where the alignment or grade requires them.
' SECTION 8-F: REACTION ANCHORAGE AND BLOCKING. All unplugged
bell and spigots, or all bell tees, Y -branches, and bends deflec-
ting 22-1/2 degrees or more installed in trench shall be provided
with concrete thrust blocking between the fitting and solid,
undisturbed ground in each case, except where solid ground
blocking is not available.
At the tops of slopes, vertical angle bends shall be anchored by
means of a steel strap or rod anchors securely embedded in or
attached to a mass of concrete of sufficient weight to resist the
hydraulic thrust at the maximum pressuresto which the pipe will
be subjected. All concrete blocking and anchors shall be in-
stalled in such a manner that all joints between pipe and fit-
, tings are accessible for repair.
i
I.
C
I
DIVISION 8 - IRON PIPE & FITTINGS
I
The bearing area of concrete reaction blocking against the ground
or trench bank shall be as shown by the plans or as directed by
the Engineer in each case. In the event that adequate support
against undisturbed earth cannot be obtained, metal harness
anchorages consisting of steel rods or bolts across the joint and
securely anchored to pipe and fittings or ductile iron retainer
glands, as approved by the Engineer, shall be installed to pro-
vide necessary support. All steel equipment used for reaction
anchorage shall be painted with two coats of Kopper's "Bitumastic
No. 50" or an approved equal. The first coat shall be dry and
hard before the second coat is applied.
Trenches over, through, and/or down rock bluffs shall be protec-
ted from erosion. Hains shall be anchored into rock bluffs with
' use of steel rods and straps. A minimum of four (4) anchors per
Joint of pipe (max. length of 20 feet) shall be used. Steel
rods, straps, and anchoring materials shall be protected from
1 corrosion. The anchors shall individually be adequate to with-
stand 2.5 times the maximum thrust force at any point on the pipe
• system.
11
I
ri
6
I
Li
DIVISION 8 - IRON PIPE 6 FITTINGS
The bearing area of concrete reaction blocking against the ground
or trench bank shall be as shown by the plans or as directed by
the Engineer in each case. In the event that adequate support
against undisturbed earth cannot be obtained, metal harness
anchorages consisting of steel rods or bolts across the joint and
securely anchored to pipe and fittings or ductile iron retainer
glands, as approved by the Engineer, shall be installed to pro-
vide necessary support. All steel equipment used for reaction
anchorage shall be painted with two coats of Kopper's "Bitumastic
No. 50" or an approved equal. The first coat shall be dry and
' hard before the second coat is applied.
Trenches over, through, and/or down rock bluffs shall be protec-
ted from erosion. Mains shall be anchored into rock bluffs with
Ruse of steel rods and straps. A minimum of four (4) anchors per
joint of pipe (max. length of 20 feet) shall be used. Steel
rods, straps, and anchoring materials shall be protected from
corrosion. The anchors shall individually be adequate to with-
stand 2.5 times the maximum thrust force at any point on the pipe
system.
I
I
I
I
'
n
1
DIVISION 9 - VALVES
SECTION 09-01: SCOPE. This section covers valves and appurte-
' nances as shown on the drawings and as specified herein. All
valves are to be opened left unless otherwise shown on the
Construction Plans.
SECTION 9-02: MATERIAL.
A. Gate Valves -- See Sheet No. 7, Appendix to the
Specifications.
1. General. All gate valves shall conform to the latest
edition of AWWA C-500 Standard for gate valves for ordi-
nary water works service.
2. Three-inch (3) and Smaller Valves: All line gate valves
used with PVC pipe shall be parallel double -disc gate
valves with non -rising stems and 4 -point wedging action,
open counterclockwise with "0" ring seals. Valves shall
• be Mueller No. A-2380-37 slip joint type, or equal.
3. Four -inch (4) and Larqer Valves: All line gate valves
for buried service shall be Mueller No. A-2370-20 with
mechanical joint ends; each gate valve used with PVC
pipe shall be provided and installed with a transitional
gasket for PVC service. All other services shall have
flanged ends ABA Class 125.
4. Buried Service Valves: All buried service valves. shall
be furnished with Standard AWWA 2" square operating nut.
Valve operating wrench shall be Mueller No. A-246-10 by
36" in length, or equal.
B. Butterfly Valves.
1. All type butterfly valves shall be of the tight closing,
rubber seat type with rubber seats which are recess -
mounted and securely fastened to the valve body. All
valves shall conform to the latest revision of AWWA
' Standard C-504, class 125-16. Valve bodies may be
"monoflange" with a mechanical joint -to -flange adapter
or may have integrally cast mechanical joint ends.
Valve discs shall rotate 90 degrees from the full -open
position to the tight shut position.
2. Valve Discs: All valve discs shall be constructed of
Ni-Resist, Type 1. All disc seating edges shall be
smooth and polished.
I
I
DIVISION 9 - VALVES
3. Valve shafts: VALVE shafts shall be constructed of 18-8
Type 304 stainless steel and shall be a one-piece unit
extending full-size through the valve disc and valve
bearings.
4. Valve Seats: Valve seats shall be of a natural rubber
or synthetic compound. Bonded -in seats must be simul-
I. taneously molded in, vulcanized, and bonded to. the body,
and the seat bond must withstand 75 pounds pull under
test procedure ASTM D-429-58, Method B, or latest revi-
sion thereof.
S 5. Valve Bearings: Valves shall be fitted with sleeve type
bearings. Bearings shall be corrosion -resistant and
self-lubricating. Bearing load shall not exceed 2,500
psi.
6. Valve Operators: Valve operators shall be of the tra-
veling nut -type designed to withstand 300 ft/lb of input
torque at full -open or closed positions without damage
to the valve or operator. All operators shall be fully
gasketed and grease -packed and designed to withstand
submersion in water to 10 psi. Valves shall open with a
counterclockwise rotation of the•AWWA nut and shall re-
quire a minimum of 32 turns to move from fully open to
fully closed..
7. Paintinq and Testinq: All surfaces of the valve shall
be clean, dry, and free from grease before painting.
The valve interior surfaces, except seating surfaces,
shall be evenly coated with black asphalt varnish in
accordance with Federal Specification TT -V -51a and AWWA
C-504-74.
Co Air Release Valves. All Air Release Valves shall be located
at the high points in the line as shown on the plans and as
directed by the Engineer. The valves shall be a regular com-
bination air release and vacuum breaker valve. See Sheet No.
6, Appendix to the Specification.
D. Valve Boxes, Valve boxes shall be Buffalo style adjustable
• 24 by 36 inch for 5-1/4 shafts, Mueller No. 562-S, or equal.
2
I
I
HI
DIVISION 9 - VALVES
1
SECTION 09-03: INSTALLATION. The contractor shall furnish all
' labor, material, equipment, and hand tools to install the valves
as per the detailed plans and manufacturer's recommendation. All
valves shall be installed with operating nut up In a truly verti-
cal position. Valves shall, in general, be placed where indicat-
ed on the detailed plans. All valve settings shall include all
compaction necessary to provide a stable base for the valve box.
SECTION 09-04: VALVE KEYS. The Contractor shall provide two (2)
valve keys per each size valve, suitable for use with the valve
installed, as manufactured by the valve manufacturer.
SECTION 09-05: VALVE OPERATING WRENCH. The Contractor shall
provide the Owner with three (3) valve wrenches, Mueller No. A-
246-10 x 36" in length, as a Subsidiary Item to other Bid Items
of the project.
SECTION 09-06: CHECK VALVES. The Contractor shall furnish and
install check valves with reinforced concrete vault with metal
lid and appurtenances as shown on the plans and as specified
herein. Concrete vault with lid shall be constructed as per
Details shown on Construction Plan Sheet No. 20 of 23.
A. MATERIALS. All check valves shall conform to the standards
herein and as shown on plans unless otherwise approved by
Engineer. All materials of construction shall conform to
ASTM standards for cast iron, ductile iron, bronze, and
stainless steel.
1. Valve
Body
shall
be
cast iron
for working
pressures of
175
psi and
less
and
shall be
ductile iron
for working
pressures greater than 175 psi and less than 350 psi.
2. Bronze trim shall be standard for all check valves
unless otherwise specified.
3. Resilient Seatinq (Buna-N) compression molded onto the
seat allowing metal -to -metal contact with drip -tight
resilient shutoff and shall be easy to replace.
B. STYLE. Air cushion swing check valves shall be used for all
static main pressures of 60 psi and less. For all static
pressures over 60 psi, oil cushion swing check valves shall
be used.
3
I
DIVISION 10 - PLASTIC PIPE AND FITTINGS
SECTION 10-01: SCOPE. Covers all PVC pipe and fittings to be
furnished and installed as required in these specifications and
as shown on the plans. The specifications shall apply to all
plastic pipe sizes 2" to 12" in diameter. SDR rated pipe shall
' comply with commercial Standards CS256, and DR rated pipe shall
comply with AWWA C-900.
SECTION 10-02: INSTALLATION OF PIPE. No defection shall be
allowed at the joints of any size plastic pipe. As determined by
the Engineer, deflection shall be provided by the use of vertical
curves or, proper angle fittings to accomplish grade or alignment
changes.
Snaking or humping the pipe shall be required in accordance with
the manufacturer's recommendations and to the satisfaction of the
Engineer.
The Contractor shall make arrangements with the PIPE MANUFACTURER
to have a FACTORY REPRESENTATIVE skilled in the installation of
plastic pipe of the above type present for a minimum of one day
at the start of the laying of the pipe. A pipe supply house
representative shall not be considered as being a representative
of the factory.
SECTION 10-03: JOINTING.
A. Boltless Gasketed Joints. Assembly and installation shall be
with clean and uninjured joints in accordance with manufac-
turer's recommendations. All joints shall be lubricated per
manufacturer's recommendations before assembly.
B. Plastic -Metal Connections. All threaded joints where plastic
and metal fittings are connected, shall be so fitted that the
plastic fitting will have the male thread on it, unless
otherwise shown. Other types of plastic -metal connections
shall be as recommended by the plastic pipe manufacturer or
Contractor and approved by the Engineer.
C. Flanqed Joints. All flanged joints shall be so made that
after uniform compression of the sealing gasket by proper
bolt tightening, the flange faces shall be parallel, the
jointed fittings or pipe centerlines shall be coincident, and
no abnormal stress shall be transferred to adjacent piping or
fittings. Flanges on plastic pipe shall be tightened suffi-
ciently to slightly compress the gasket to make a good seal,
but not so tight as to distort the flanges.
1
u
I
DIVISION 10 - PLASTIC PIPE AND FITTINGS
' SECTION 10-04: PVC PIPE AND FITTINGS.
A. Manufacture and Testinq. All SDR rated pipe, sizes 2" - 12",
'
shall be manufactured in accordance with the Commercial Stan-
dard CS256-63 or latest revision for Polyvinyl Chloride (PVC)
as conducted in accordance with the applicable ASTM proce-
'• dure. All DR rated pipe, sizes 4" - 12", shall be manufac-
tured in accordance with AWWA C-900. The extrusion quality
test shall be conducted within 2 hours of extrusion of the
' specimen. Before shipment, a certified report on the produc-
tion tests of each lot of pipe and fittings shall be fur-
nished to the Engineer and shall include:
' 1. Date of tests.
2. Contractor's purchase order number.
3. Lot number.
' 4. Measurements of dimensions and tolerances.
5. Burst pressure values.
6. Sustained pressure test results.
7. Extrusion quality results.
All pipe shall be marked at intervals, as set forth in CS256
and AWWA C-900, to declare compliance with standards of the
• National Sanitation Foundation (NSF).
A sample of each type fitting to be used in this system shall
' be submitted for the Engineer's approval, and his approval
obtained before purchases of fittings.
B. Material. All pipe and fittings 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. All mate-
, .rials shall conform to Commercial Standard CS256 and AWWA O-
900, respectively.
C. Pressure Class and Dimension. The pipe shall be fabricated
in conformance with a working pressure class for Dimension
ration of Class 200 with SDR 21 and Class 250 with SDR 17, as
' defined in CS256; Class 200 with DR 14, and Class 150 with DR
18. All pipe shall pass rigid quality control tests from a
dimensional standpoint in accordance with the dimensions and
tolerances as set forth in ASTM D-2241.
2
DIVISION 10 - PLASTIC PIPE AND FITTINGS
1
D. Joints. Joints shall be boltless gasketed unless otherwise
' shown. The male end of each section of externally coupled
plastic pipe shall be marked with a line around the circum-
ference, which can be used to check the depth of socketing
after the pipe is coupled.
1. Boltless Gasketed Joints. All boltless gasketed Joints
8" and under shall be Certainteed's Twin Gasketed "Fluid-
Tite," or Robintech's Single Gasketed "King's Joint," or
equal.
' a. All boltless gasketed joints over 8" shall be of the
"Single Gasket coupling" as manufactured by
Certainteed, or equal.
' b. Rubber rings shall be as provided by manufacturer.
co Pipe with extruded bells shall be furnished in not
more than 20 foot lengths. 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 or longer joints.
d. Provision shall be made for expansion and contraction
U. at each gasketed type joint.
e. The pipe manufacturer shall be a member of the Plas-
' tic Pipe Institute or American Water Works Associa-
tion and shall have manufactured the pipe and joint
proposed for use for not less than five (5) years.
f. All fittings and specials 4" and larger in size shall
• conform to AWWA short or long bodied cast iron fit-
tings using a mechanical joint system with hardened
or duck tipped type rubber gaskets in accordance with
AWWA specifications C-110 and C-111. The fittings
shall be cement lined in accordance with AWWA speci-
' fications C-104. The pipe and fittings shall be
installed in accordance with the recommendations of
the pipe manufacturer.
' 2. Flanqe Joints. Flange joints shall be 150 pound class
unless otherwise shown.
a. Flanges: ABA Class 150
3
I
DIVISION 10 - PLASTIC PIPE AND FITTINGS
b. Flange Bolts and Nuts: ASTM A307, Grade B, galva-
nized and of such length that, after installation,
bolts will project 1/8 to 3/8 inch beyond outer face
of nut.
c. Flange Gaskets: Full face 1/8 inch thick neoprene of
plasticized PVC.
4
1
1
DIVISION 10 - PLASTIC PIPE AND FITTINGS
1
' 3. Threaded Joints. All threaded joints shall be standard
iron pipe threads unless otherwise shown. Only Schedule
80 pipe shall be threaded.
SECTION 10-05: STANDARDS. All pipe furnished under these speci-
fications must be manufactured to conform to the latest revision
of the following standards:
• AWWA,C-900 - Standard for Polyvinyl Chloride (PVC) pressure
• pipe, 4" through 12", for water.
tASTM D1598 - Test for Time -to -Failure of plastic pipe under
long-term hydrostatic pressure.
ASTM D1599 - Test for Short -Time rupture strength of plastic
pipe, tubing, and fittings.
ASTM D1784 - Specification for Poly (Vinyl Chloride) (PVC)
compounds and Chlorinated Poly (Vinyl Chloride)
(PVC) compounds, rigid.
ASTM.D2122 - Determining dimensions of thermoplastic pipe and
fittings.
ASTM D2241
- Specification
for
Poly (Vinyl
Chloride) (PVC)
plastic pipe
(SDR-
PR).
ASTM D2672
- Specification
for
Bell -End Poly
(Vinyl Chloride)
(PVC) pipe.
ASTM D3036
-Specification
for
Poly (Vinyl
Chloride).(PVC)
plastic line
couplings,
socket type.
ASTM D31139
- Specification
for
joints for
plastic pressure
pipes using flexible
elastomeric.seams.
CS256 - Polyvinyl Chloride (PVC) plastic pipe (SDR-PR).
NSF -14 - Thermoplastic materials, pipe, fittings, and
jointing materials.
PS 22-70 - Product Standard.
5
I
DIVISION 10 - PLASTIC PIPE AND FITTINGS
SECTION 10-06: WARRANTIES. The materials' manufacturer shall
provide the Contractor and the System's Owner a written guarantee
of quality and standards of material provided. All materials
shall be warranted for a period of not less than one (1) year
against defective materials. The Contractor shall be responsible
for one (1) year from date of acceptance for any imperfections in
the materials, construction, and operation of the water system.
SECTION 10-07: HANDLING. All pipe, fittings, and accessories
shall be handled and stored in a manner that will ensure their
installation in a sound, undamaged condition. All coatings and
linings which have been damaged shall be repaired at the expense
of the Contractor before installation in the system.
SECTION 10-08: CUTTING PIPE. Cutting of all pipes shall be
accomplished by approved methods that will provide a neat,
smooth, straight cut at right angles to the axis of the pipe,
without damage to the pipe or any coating or lining materials
thereon.
SECTION 10-09: CLEANING. The interior of all pipe and fittings
shall be thoroughly cleaned of all foreign matter before install-
ation and kept clean until the work has been accepted. All joint
contact surfaces shall be kept clean until jointing is completed.
SECTION 10-10: INSPECTION. Each pipe and fitting shall be
inspected for defects, just prior to connection. All defective,
damaged, or unsound pipe or fitting shall be rejected and removed
from the site of the work.
I
I]
I
I
11
LI
i1
F
DIVISION 12 -.STANDARD MANHOLES
SECTION 12-01: STANDARD MANHOLES. All manholes shall be con-
structed complete with manhole frames and covers. Manholes shall
be constructed of precast concrete sections and/or cast -in -place
concrete manholes.
A. Materials.
1. Concrete minimum compressive strength: 3,000 psi.
2. Minimum precast section wall thickness: 4-1/2 inches.
3. Reinforcement: As required to withstand handling,
erection, and temperature stresses.
4. Steps: Neenah R-1980-1 or approved equal.
5. Joints of precast sections: Sealed with mastic gasket.
6. Manhole's
lid
and
ring: Bass
and
Hayes 250
pounds in
unpaved
areas
and
300 pounds in
paved
areas.
B. Construction. All manholes are to be cast -in -place except in
areas where access by concrete trucks is impossible. In that
case, other types of manhole construction is permissible upon
written consent of the Owner's Engineer.
Manhole inverts shall be carefully constructed to maintain
the proper velocities through the manhole, and in no case
shall the invert sections through the manhole be greater than
that of the outgoing pipe. The shape of the invert shall
conform exactly to the lower half of the pipe it connects.
Side slopes shall be plastered, troweled, and brushed to a
smooth, clean surface.
,The main sewer shall be carried through manholes by split
pipe wherever practicable. Concrete filling between the sew-
er invert and wall of manholes shall be flush with the top
edges of the invert and shall slope up from the invert at a
rate of three inches per foot.
Where it is not practicable to use split pipe through man-
holes, due to breaks in grade or elevations of incoming sew-
ers, the sewer invert shall be made of concrete deposited
between forms, or of brick on edge laid up in cement mortar.
1
.1
I
I
DIVISION 12 - STANDARD MANHOLES
Drop manholes and other special structures shall be built in
accordance with the drawings. All fittings, connections,
drops, concrete drop encasements and all other sewer pipe
appurtenances built into walls shall be provided.
Utilization of the existing manholes shall conform to the above
requirements for shaping the invert.
I
I
I
I
I
2
Li
DIVISION 20 - STREET SPECIFICATIONS FOR CITY OF FAYETTEVILLE
SECTION 20-01: RIGHT-OF-WAY. REQUIREMENTS.
A. Residential Street: Fifty (50) feet.
B.
Collector Street:
Sixty
(60)
feet.
C.
Minor Arterial:
Eighty (80)
feet.
D. Principal Arterial: Eighty (80) feet.
SECTION.20-02: STREET WIDTH.
A. Residential Street: Thirty-one (31) feet back to back of
curb.
B. Collector Street: Forty-five (45) feet back to back of curb.
C. Minor Arterial: Forty-five (45 feet back to back of curb
unless Federal and/or Stale Highway Department funds are
used; then the requirement becomes forty-nine (49) feet back
to back of curb (four twelve -foot lanes).
D. Principal Arterial: Same as Minor Arterial.
SECTION 20-03: SUB -BASE PREPARATION. The new street shall be
cut to and/or filled to the subgrade contained in the engineering
plans and profiles. The sub -base must be rolled and compacted to
95 percent standard proctor density and 10 plasticity index. The
moisture content shall be the optimum based on soil type.and
laboratory test results.
SECTION .20-04: BASE MATERIAL. The base material shall be a
minimum of six (6) inches of SS -2, unless otherwise stated in Bid
Items.
SECTION .20-05: BASE MATERIAL PREPARATION.
A. The SB-2 shall be moistened to optimum water content
(verified by laboratory test results) and rolled and
compacted to ninety-five percent (95%) modified proctor
density and 10 plasticity index.
B. After the SB-2 has cured to optimum strength (minimum of
seventy-two (72) hours), apply a coat of prime oil (MC30 or
equivalent) at the rate of .25 gallons per square yard.
Allow prime oil to thoroughly penetrate (minimum penetration
time of twenty-four (241 hours) before paving.
1
Ii
DIVISION 20 - STREET SPECIFICATIONS FOR CITY OF FAYETTEVILLE
1
SECTION.20-06: SURFACE COURSE.
A. For grades of ten percent (10% or less, the street surface
shall be two inches (2") of asphalt cement concrete hot mix
' after compaction.
B. For grades in excess of ten percent (10%), the surface course
shall be six inches (6") of Portland cement concrete (five
and one-half (5-1/2) bag mix) with a twenty-eight (28) day
cured strength of 4200 psi. See Division 22 for Concrete
Street Specifications.
C. Grades irr excess of fifteen percent (15%) shall not be
permitted exceeding three hundred (300) linear feet.
SECTION 20-07: COMPACTION. All sub -base, base, and asphalt
surface shall be rolled and compacted with a roller weighing at
least eight (8) tons.
SECTION 20-08: CURBS AND GUTTERS. Required on both sides of all
new streets. See standard detail sheet for shapes, etc.
SECTION 20-09: SIDEWALKS.
' A. Residential Streets: Four (4) feet wide sidewalks required
on one side of street.
' B. Collector Streets and Commercial Zones: Five (5) feet wide
sidewalks required on both sides of the street unless
otherwise shown on Engineering plans and profiles.
C. Arterial Streets: Same as Collector.
SECTION 20-10: DEDICATED STREETS. All dedicated streets will be
constructed according to the Engineering plans and profiles
approved by the Street Superintendent. The construction process
shall be supervised by a registered Professional Engineer
commissioned by the developer.
SECTION 20-11: CONCRETE STRUCTURES. See Division 21 of these
specifications.
SECTION 20-12: GENERAL COMMENTS. Regarding construction - see
Division 21 of these specifications.
1 2
HI
DIVISION 20 - STREET SPECIFICATIONS FOR CITY OF FAYETTEVILLE
L:
SECTION 20-13: STREET EXTENSION. The extension of any existing
street regardless of condition or construction methods and
techniques previously employed, shall be constructed in full
compliance with these new specifications.
SECTION 20-14: SUB -BASE PREPARATION. The following test
procedures shall apply to both Section 20-03, "Sub -Base" and
Section 20-05, "Base" of these specifications. Density tests on
the sub -base shall be performed -by the following methods:
A. A minimum of three (3) standard densities shall be performed
on any continuous prepared stretch of sub -base equaling less
than 900 linear feet.
B. A minimum of one (1) standard density shall be performed
every 300 linear feet on any prepared stretch of continuous
sub -base greater than 900 linear feet.
C. A minimum of three (3) standard densities shall be performed
by personnel of a, soils testing laboratory.
D. All base and sub -base (hillside or other) shall be compacted
in layers not exceeding 6" in the compacted state and shall
be tested as stated in Section 20-14.A, B, and C above.
E. All proctors and testing shall be performed in the presence
of the Fayetteville City Street Department representative.
The cost of said testing and proctors shall NOT be an expense
to the Contractor.
I
I
3
DIVISION 21 - GENERAL COMMENTS REGARDING CONSTRUCTION
SECTION 21-01: WARPED OR SLOPING SECTIONS. Warped or sloping
sections will not be permitted.
I. SECTION 21-02: BANKS. All banks behind curbs will be back -
sloped at a ratio of three to one (3 to 1) to the Right -of -Way
line.
SECTION 21-03: NATURAL DRAINAGE. Natural drainage will be
adhered to by incorporating street underdrains or by rechanneling
' natural ditches into improved drainage easements.
SECTION 21-04: STREET INSPECTIONS. The Supervising Engineer
' will accompany the Street Superintendent on inspections, and the
proctor densities and plastic index tests will be conducted in
the presence of the Street Superintendent. The testing lab per-
forming the field tests shall provide the —Project Engineer with
certified test results immediately following field tests. These
three inspections are to be performed by the Street Superinten-
dent or his designated representative during the construction
• process,. as follows:
A. After all streets have been cut to subgrade and the sub -base
has been prepared.
B. After curbs and
' C. Upon completion
cleanup.
SECTION 21-05: ENG
required from the
released.
gutters and base material is installed.
of paving, all construction, backfill, and
INEERING CERTIFICATION. Certification will be
Supervising Engineer before lots will be
SECTION 21-06: UTILITIES' COVERAGE. All utilities, including
service connections, will have a minimum of four feet (4') of
,cover, or two feet (2') below the floor of all drainage ditches
' and. all improved drainage easements, or two feet (2') below the
floor of all street drainage structures and street paving. Util-
ity lines with less than two feet (2') cover under street paving
' shall be encased in concrete from one foot (1') outside each back
of curb.
i
1
I.
L.
DIVISION 22 - CONCRETE STREET IMPROVEMENTS MINIMUM
' SPECIFICATIONS FOR CITY OF FAYETTEVILLE
SECTION 22-01: SCOPE. The specifications are intended to
express minimum design and construction requirements of
' Fayetteville City Ordinance No. 1790 for concrete street
improvements.
' SECTION 22-02: CONCRETE STREET STRUCTURES. All concrete street
structures described on the attached diagrams and included in
these specifications shall be constructed of 4200 psi portland
' cement concrete at 5 1/2 bag mix in 28 days. Concrete shall be
troweled and shall have a light broom finish with application of
white pigment curing compound to serve as a method of curing.
I. SECTION 22-03: SUBGRADES. All subgrades shall be prepared by
the Contractor to a grade plus or minus one inch (1") within the
finished grade.
7
I
I
j
I
SECTION 22-04:, MINIMUM THICKNESS OF SIDEWALKS AND DRIVES. Mini-
mum
thickness of sidewalks shall be four
inches
(4"). Residen-
tial
driveways shall
be a minimum of four
inches
(4") with either
four
inches (4") of
compacted base or 6"
X 6" 10
gauge reinforc-
ing
web. Commercial
driveways shall be a
minimum
of six inches
(6")
with six inches
(6") of compacted base
or
6" X 6" 10 -gauge
reinforcing
web.
SECTION 22-05: MINIMUM WIDTH
walks shall be four feet (4")
mum of five feet (5") unless
files.
OF SIDEWALKS. Residential side -
wide. All others shall he a mini -
otherwise .shown on plans and pro -
1
DIVISION 22 - CONCRETE STREET IMPROVEMENTS MINIMUM
SPECIFICATIONS FOR CITY OF FAYETTEVILLE
SECTION 22-06: PLACEMENT OF CONCRETE PAVEMENT. All concrete
street pavement shall be placed mechanically with equipment
approved by the Consulting Engineer for the Street Department.
All concrete street construction procedures and details shall be
in strict accordance with Portland Cement Association (PCA) Pub-
lication IS119.02P, "Suggested Specifications for Construction of
Concrete Streets", unless otherwise approved by the Consulting
Engineer for the City Street Department. Concrete for the pave-
ment shall be non -reinforced and shall have a 28 day compressive
strength of 4,200 psi when cured and tested in accordance with
AASHO T22, or ASTM C39; and AASHTO T23 or ASTM C31. The concrete
shall be placed six inches (6") in thickness, plus or minus 1/4
inch, plus any additional depth required as a result of surface
deficiencies in the subbase. The average thickness of the..con-
crete shall not be less than six (6) inches, and any thickness in
excess of six and one-fourth (6-1/4) inches shall be rounded to
six and one-fourth (6-1/4) inches for computing the average
thickness.. All concreteS with a thickness less than five and
three-quarters (5-3/4) inches shall be removed and replaced at
the discretion of the Consulting Engineer for the City Street
Department. All streets shall have a concrete curb and gutter on
each side unless otherwise shown.
ISECTION 22-07: EXPANSION JOINTS.
A. JOINTS. Expansion and construction joints shall be placed as
indicated on the plans. In addition, traverse construction
joints shall be placed wherever the placement of concrete is
suspended for 30 minutes or longer. Transverse contraction
joints shall be placed normal to the centerline of the pave-
ment at intervals not to exceed 15 feet. A longitude con-
traction joint shall be placed along the centerline of pave-
ment whenever the concrete is poured continuously across the
full width of the street.
8. TRANSVERSE
joints shall
CONSTRUCTION JOINTS. Transverse construction
consist of a butt joint formed the full depth of
the slab with
either keyways or
dowels one
inch in diameter
placed in a
manner shown on the
plans or
in accordance with
joint type "B"
or "E" as shown in
Portland
Cement Association
Publication
Sections and
IS211.01, "Concrete
Jointing Details:.
Streets:
Typical Pavement
2
DIVISION 22 -:CONCRETE STREET IMPROVEMENTS MINIMUM
SPECIFICATIONS FOR CITY OF FAYETTEVILLE
C. TRANSVERSE CONTRACTION JOINTS. Transverse contraction joints
shall be formed in accordance with Section 902 of the pre-
viously referenced PCA Publication 15119.02. When curbs and
gutters are used adjacent to the pavement edges, all tran-
sverse joints shall continue through the curbs and gutters.
ID. LONGITUDINAL JOINTS. Longitudinal joints shall be either a
construction joint formed by casting the concrete in seg-
ments, or formed by creating a plane of weakness in accor-
' dance with Section 905 of the PCA Publication I5119.02.
Longitudinal joints, whether it is formed as a construction
joint or formed as a weakened plane, shall be tied together
1 with #4 deformed bars 30 inches long, placed at 36 -inch
intervals.
SECTION •22-08: TURN RADII. Two No. 4 (#4) reinforcing bars
' shall be. placed horizontally in all turn radii. Turn radii will
be bid at the same price as curb and gutter when the curb and
gutter is 100 linear feet or longer.
' SECTION 22-09: POZZILITH. Pozzilith shall be added when direc-
ted by the Street Superintendent for better workability.
' SECTION 22-10: TEMPERATURE DURING CONCRETE POURING. Temperature
shall be 35 degrees Fahrenheit and rising before any type of con-
crete pouting will take place. Methods of heating or covering
the surface of•the concrete must also be provided by the contrac-
tor when adverse weather conditions prevail.
SECTION 22-11: VIBRATOR. A vibrator shall be used at the direc-
tion of the Street Superintendent when pouring concrete of any
type.
SECTION 22-12: BIDDER RESPONSIBILITY. The successful bidder
will be responsible for supervision of his crews. The Street
superintendent or his designated representative will only perform
' an inspection after the grade is established on all jobs.
I
i
3
U
DIVISION 23 - TESTING
1
SECTION 23-01: SCOPE. The Contractor shall be responsible for
' all correspondence and testing of all materials involved in the
construction. All expenses incurred and required for testing
shall be the Contractor's as subsidiary to the itemized Bid Items
' of the project. All materials testing shall be properly per-
formed by a local licensed, certified testing laboratory approved
by the Engineer and the proper official representing the govern-
, Ing body accepting the finished project. Proper testing shall be
performed on all designated sections of construction until
results meet or exceed those required and called for in the pro-
ject Bid , Documents. Any misunderstanding shall be explained by
'the Engineer.
SECTION 23-02: MATERIAL TYPES, TESTING PROCEDURES AND STANDARDS.
A. Sub -Base. Existing hardpan, and/or "hillside" fill shall
meet the following test standards for each type of material
separately, in accordance with Division 20 of these
specifications:
Ii. Standard Proctor with curves.
2. Attisburg Limit determined prior to beginning construc-
tion.
' 3. Density - Compaction test to 95% Standard Proctor after
compaction by the Contractor.
B. SB-2, Base. The following tests shall be performed in accor-
dance with Division 20 of these specifications:
1. Modified Proctor with curves.
2. Density - Compaction to 95% Modified Proctor after com-
paction by the Contractor.
C. Portland Cement Stabilized SB-2 Base. All testing shall be
in accordance with the Arkansas State Highway Department
Guidelines. AND as stated herein. Material sections shall be
in accordance with the following standard procedures, and
shall be tested in accordance with the following:
1. Section shall be stabilized with a minimum of 5.5%
portland cement and shall yield a minimum 7 -day
compressive strength of 650 psi.
1
I
I
I
DIVISION 23 - TESTING
I
I
I
I
I
7
LI
I
I
I
7
H
2. Contractor shall place sections in 100's of feet, giving
Engineer 24 -hour notice. Each section's lay shall prove
to be a minimum of 5.5% portland cement by weight prior
to watering process. Weight tickets shall be required by
the Engineer.
3. compressive Strenqth: Each day's lay shall be sampled at
a distance not to exceed 100 L.F. after materials are
mixed to optimum moisture and before compaction. Each
test sample shall be placed in 6" diameter moles, filled
7" deep, left on construction site, then moisture cured
in the lab for 72 hours. The testing procedure for
sample compaction shall be in accordance with ASTM D-1557
for Modified Proctor. The samples shall be slumps,
curing, and cylinder compressive tested in accordance
with ASTM C-143, ASTM C-31, and ASTM C-39.
Each 100 foot section shall have one (1) sample yielding
a compressive 7 -day strength of 650 psi or greater prior
to proceeding with construction. All sections not
meeting this criteria shall be immediately removed and
replaced by the Contractor at his expense within the
time -frame of his contract. The same procedure shall
apply to replacement sections as to the original sections
laid.
4. Density Tests:
accordance with
taken after the
Density
Division
street section
test procedures shall be
20, "SB-2 Base" and shall
has been compacted by
in
be
the
Contractor. All
Proctor.
tests shall
equal or exceed 95% Modified
D. Concrete Streets and Structures. Testing shall be in
accordance with the following, and shall be performed in
accordance with standard ASTM testing procedure, such as ASTM
C-39; ASTM C-31, and ASTM C-143:
1. A minimum of 3 cylinders, per day's pour of less than 150
C.Y.
2. A minimum of 1 cylinder per 50 C.Y. per day of more than
150 C.Y.
3. All test cylinders shall yield a minimum of 4200 psi
compressive strength in 28 days.
N
I
I
DIVISION 23 - TESTING
E. Asphaltic Cement. All asphaltic sections shall be tested for
flow and stability, in accordance with Arkansas State Highway
Department standard procedures.
3
f
I.
DIVISION 24 - STORM DRAINAGE OR STORM SEWERS
SECTION 24-01: STORM DRAINS. Storm drains shall not collect or
' transport any sanitary sewage.
SECTION 24-02: NATURAL DRAINAGE. All natural drainage shall be
adhered to.
' SECTION.24-03: STORM DRAINAGE DESIGN. All storm drainage shall
be designed for the twenty-five (25) year flood plane, unless
otherwise noted on the plans and profiles.
SECTION 24-04: CONCRETE PIPE REQUIREMENTS. Class II reinforced
concrete pipe conforming to ASTM C-76 shall be used. The minimum
size permitted shall be fifteen (15) inches inside diameter.
SECTION .24-05: CORRUGATED METAL PIPE. 16 gauge under street
paving and 18 gauge other places.
SECTION.24-06: SURFACE DRAINAGE. Seven hundred (700) linear
' feet shall be the maximum distance to carry surface drainage on
the street surface. Then the drainage must be collected in curb
drop inlets, catch basins, etc. and storm drained to a natural
' drainage channel.
SECTION 24-07: SPECIAL GASKETING AND SEALING MATERIALS. Special
gasketing and sealing materials shall be used at all pipe joints
and plugs to prevent infiltration into storm sewer. Procedure
and materials shall be proven and acceptable in quality.
1
I
I
11
I
1
I
1
DIVISION 30 = CEMENT TREATED CRUSHED STONE BASE
1
SECTION 30-01: DESCRIPTION. This item shall consist of a base
'
course constructed on the completed and accepted subgrade in
accordance with these specifications and in conformity with the
lines, grades, compacted thickness and typical section shown on
the plans or as directed by the Engineer.
SECTION 30-02: MATERIALS. Materials used in the mixture shall
' conform to the following requirements:
• A. Aqqreqate. Crushed stone shall conform to the requirements
specified in Subsection 306.02 of Section 306: Crushed Stone
Base Course, of the Standard Specifications, edition of 1978,
for Class SB-2, provided therein.
' B. Cement. Cement shall conform to the requirements for
portland cement, Type I, AASHTO 1185.
IC. Water. The water for the base course shall be clear, clean,
and free from injurious amounts of oil, salts, or other dele-
terious substances, and shall not contain more than 1000
parts per million of chlorides. If the water is of question-
able quality, it shall be tested in accordance with the
requirements AASHTO T26.
• D. Asphalt.
1. Emulsified asphalt shall conform to the requirements of
Subsection 403.03 (3) for grade SS -1.
2. Medium curing cutback asphalt shall conform to the
requirements of Subsection 403.03 (b) for the grade
' selected by the Engineer.
3. Rapid curing cutback asphalt shall conform to the re -
t quirements of Subsection 403.03 (a) for the grade
selected by the Engineer.
The type of asphalt used for the protection and cover for the
cement treated base course will be at the option of the Contrac-
tor, subject to the Engineer's approval.
' SECTION 30-03: LABORATORY TESTS AND CEMENT CONTENT.
A. Cement Content. The quantity of cement, approximately 5% to
' 8% by weight to be used with the aggregate and water, shall
be -determined by the Engineer. The moisture in the mix shall
be maintained within.a range of (+/-) 1% of optimum.
I
I
I
I
I
I
I
I
I
[1
I
I
DIVISION 30 = CEMENT TREATED CRUSHED STONE BASE
B. Laboratory Tests. Specimens of aggregate, cement and water
must develop a compressive strength of at least 650 psi in 7
days.
SECTION 3004; CONSTRUCTION METHODS.
A. - Weather Limitations. The cement -treated base shall not be
mixed or placed while the atmospheric temperature is below
35 Fahrenheit within 24 hours, or when the weather is foggy
or rainy. The temperature requirements may be waived, but
only when so directed by the Engineer.
B. Equipment. All methods employed in performing the work and
all equipment, tools, other plants, and machinery used for
handling materials and executing any part of the work shall
be subject to the approval of the Engineer before the work is
started. If unsatisfactory equipment is found, it shall be
changed and improved. All equipment, tools, and plants must
be maintained in a satisfactory working condition.
C. Forms. When forms are required, they may be of wood or metal
and shall be placed to line and grade as staked by the Engi-
neer. Wood forms shall not be less than 12 feet in length
and shall have a width equal to the compacted depth of the
base. The thickness shall be sufficient to maintain good
alignment. All form lumber shall be of good quality,
straight, well seasoned, clean, and free from defects which
would impair its usefulness. Warped, split, worn or otherwise
defective forms shall be discarded.
I
Steel forms shall be of a section commonly required for port -
land: cement concrete pavement. They shall be of depth at
least equal to the edge thickness of the work prescribed.
They shall be straight and shall have a minimum section
length of 10 feet.
When directed by the Engineer, solid forms will not be
required. In such cases, the spreading equipment and supply
of base mixture shall be such as will permit the continuous
and satisfactory spreading of material for one or two-lane
construction and compaction to the proper thickness and
contour.
D. Preparinq the Subgrade. The subgrade
accordance with the typical sections on
base course is placed thereon.
2
shall be prepared in
the plans before the
U
I
DIVISION 30 - CEMENT TREATED CRUSHED STONE BASE
1
• Grade control between the edges of the pavement shall be
accomplished by grade stakes, steel pins, or forms placed in
lanes parallel to the centerline of the roadway and at inter-
vals sufficiently close that string lines or check boards may
' be placed between the stakes, pins, or forms.
To protect the subgrade and to ensure proper drainage, the
spreading of the base shall begin along the centerline of the
pavement on a crowned section or on the high side of the
pavement with a one-way slope.
' E. Applications and Mixino of Cement. The application and
mixing of cement with the aggregate materials shall be
performed in accordance with one of the following methods:
' 1. Travel Plant Method. The specified quantity of cement
shall be applied uniformly on the material to be pro-
ceased, and shall not exceed that which can be processed
the same working day. When bulkS cement is used, the
equipment shall be capable of handling and spreading the
cement in the required amount. The moisture content of
' the material to be processed shall be sufficiently low to
permit a uniform and intimate mixture of the aggregate
material and cement.
' Mixing shall be accomplished by means of self-propelled
or self -powered machinery equipped with a mechanical
rotor or other approved type of mixer that will thorough-
ly blend the aggregate with the cement. Mixing equipment
shall be so constructed as to assure positive depth con-
trol. Care shall be exercised to prevent cement from
I. being mixed below the depth specified. Machines designed
to process less than the full width of the base at a sin-
gle pass shall be operated so that the full width of base
can be compacted and finished in one operation. Water
shall be uniformly added and incorporated in the mixture.
The water supply and distribution equipment shall be cap-
' able of supplying the total required amount of water to
the section being processed within three (3) hours. If
more than one pass of the mixer is required, at least one
pass shall be made before water is added. Mixing shall
continue after all water has been applied until a uniform
mixture of aggregate, cement, and water has been obtained
for the full depth of the course.
I
1 3
I
L
I
DIVISION 30 = CEMENT TREATED CRUSHED STONE BASE
I
' Mixture of aggregate and cement that has not been compac-
ted and remains undisturbed for more than 30 minutes
shall be remixed. In the event of rain adding excessive
' moisture to the uncompacted material, the entire section
shall be reworked. Should the Contractor be unable to
finish the section within the same day, the section shall
' be reconstructed and an amount equal to 50 percent of the
original amount of cement added to the mixture at no
additional compensation to the Contractor.
' 2. Central Plant Method. When a central plant is used, the
soil aggregate, cement and water shall be mixed in a pug -
mill either of the batch or continuous flow type. The
' plant shall be equipped with feeding and metering devices
which will add the soil aggregate, cement and water into
the mixer in accurately proportioned amounts as deter-
, mined by the laboratory design. Aggregate and cement
shall be dry -mixed sufficiently to prevent cement balls
from forming when water is added. Mixing shall continue
until a uniform mixture of aggregate, cement, and water
has been obtained.
The mixture shall be hauled to the roadway in trucks
equipped with protective covers. Immediately prior to
spreading the mixture, the subgrade or foundation course
shall be moistened and kept moist, but not exceedingly
I. wet, until covered by the mixture. The mixture shall be
placed on the roadbed in a uniform layer by an approved
spreader or spreaders. No more than 60 minutes shall
elapse between adjacent spreader runs and not more than
60 minutes shall elapse between the time of mixing and
the beginning of compaction. The layer shall be uniform
in depth and in such quantity that the completed base
will conform to the required grade and cross section.
Dumping of the mixture in piles or wind rows will not be
permitted.
IF. Compaction and Surface Finish. The mixture shall be compac-
ted to a density, as determined by AASHTO T191, or not less
than 95 percent of the maximum density obtained by AASHTO
' T134. The moisture content of the mixture during compaction
shall not vary more than five (5%) percent from the optimum
moisture as determined by AASHTO T134.
4
I
DIVISION 30 - CEMENT TREATED CRUSHED STONE BASE
The surface of the treated roadway shall be reshaped to the
' required lines, grades and cross sections after the mixture
has been compacted. It shall then be scarified lightly to
loosen any imprints left by the compacting or shaping equip-
' merit and rolled thoroughly. The operation of final rolling
shall include the use of rollers of the pneumatic tire type.
The rolling shall be done in such a manner as to produce a
smooth, closely knit surface, free of cracks, ridges or loose
' material conforming to the crown, grade, and line shown on
the plans.
' The density, surface compaction, and finishing operation
shall not require more than two (2) hours.
' Water shall be added if necessary, during the finishing
operation in order to maintain the mixture at the proper
moisture content for securing the desired surface.
I
I
I.
I
I
I
•1
I
I
Areas inaccessible to rollers or finishing and shaping
equipment shall be thoroughly compacted to the required
density by other approved compacting methods and shaped and
finished as specified.
G. Joints. As soon as final compaction and finishing of a
section has been completed, the base shall be cut back per-
pendicular to the centerline to a point where uniform cement
content with proper density has been attained and where the
vertical face conforms to the typical section shown on the
plans.
H. Surface Test.
course shall
the plans.
(1/4") from a
parallel to
one-half inch
section shown
I. Protection
fished as
drying for
material.
ble, but n
pletion of
shall be k
placed.
The finished
conform to the
It shall not
ten -foot stra
the centerline
(1/2") from a
on the plans.
surface
general
vary mor
fight edge
of the
template
of the stabilized base
surface provided for by
e than one-fourth inch
applied to the surface
roadway, nor more than
conforming to the cross
and Curing. After the base course has been fin -
specified herein, it shall be protected against
seven (7) days by the application of bituminous
The curing methods shall begin as soon as possi-
o later than twenty-four (24) hours after the corn -
finishing operations. The finished base course
ept continuously moist until the curing material is
5
I.
I
DIVISION 30 - CEMENT TREATED CRUSHED STONE BASE
I.
The bituminous material specified shall be uniformly applied
to the surface of the completed base course at the rate of
approximately 0.2 gallons per square yard using approved
heating and distributing equipment. The exact rate and tern-
' perature of application to give complete coverage without
excessive run-off shall be as specified by the Engineer.
' At the time the bituminous material is applied, the surface
shall be dense, free of all loose and extraneous material,
and shall contain sufficient moisture to prevent penetration
' of the bituminous material, water shall be applied in suffi-
cient quantity to fill the surface voids immediately before
the bituminous curing material is applied.
' Should it be necessary for construction equipment or other
traffic to use the bituminous -covered surface before the
bituminous material has dried sufficiently to prevent pickup,
' sufficient granular cover shall be applied before such use.
The curing material shall be maintained and applied as needed
' by the contractor during the seven-day protection period so
that all of the base course shall be covered effectively dur-
ing this period.
' Finished portions of base course that are used by equipment
in construction of an adjoining section shall be protected in
such a manner to prevent equipment from marring or damaging
' the completed work..
When the air temperature may be expected to reach the freez-
ing point, sufficient protection from freezing shall be given
the base course for seven days after its construction and
until it has hardened.
' J. Cold Weather Protection. During cold weather, when air
temperature may be expected to drop below 35 degrees F, a
sufficient supply of hay, straw, or other material suitable
' for cover and protecting previously placed material shall be
provided at the site. Any base which has been damaged by
freezing, or otherwise, shall be removed and replaced by the
Contractor at his own expense.
' K. Tolerance in Base Thickness. The base course shall be con-
structed in accordance with the typical sections on the plans
' (+/-) 1/2 inch in thickness. Sections over 1/2 inch deficient
1n thickness shall be removed and replaced at the Contractor
at his own expense. No payment will be made for materials
' place in excess of planned thickness.
5-
I
DIVISION.30 - CEMENT TREATED CRUSHED STONE BASE
SECTION 30-05: MAINTENANCE: The Contractor shall, within the
limits of the contract, maintain the stabilized base material in
good condition until all work has been completed and accepted by
the Owner. Maintenance shall include immediate repairs of any
defects that may occur. This work shall be done by the contrac-
tor at his own expense and repeated as often as may be necessary
to keep the area continuously intact. Faulty work shall be
replaced for the full depth of treatment. The contractor shall
construct the plan depth of cement treated base in one homogenous
mass. The addition of thin stabilized layers will not be permit-
ted in order to provide the minimum specified depth.
SECTION 30-06: METHOD OF MEASUREMENT. Work completed under this
item shall be measured by the square yard, as shown on the plans.
Quantities shown on the plans and in the proposal shall be consi-
dered as final quantities and no further measurement will be re-
quired unless the alignment is revised during construction. Fin-
al quantities will be revised if, in the opinion of the Engineer
or upon evidence furnished by the Contractor, substantial varia-
tions exist between quantities shown on the plans and actual
quantities due to changes in alignment or apparent errors.
SECTION 30-07: BASIS OF PAYMENT. Work completed and accepted
' under this item and measured as provided above shall be paid for
at the contract unit price bid per square yard for cement treated
crushed stone base course, which price shall be full compensation
for furnishing all materials, for mixing, hauling, placing, rol-
ling, finishing, and curing; and for all labor, tools, equipment,
and incidentals necessary to complete the work.
1
I
I
I
I
7
I
}
I
I
I
I
Li
w 6'MAX. WIDTH
FOR PAVEMENT
,�f,�,,,
=jII
I2"MIN. UNDISTURE,...
BANK
UI
41
Sr
SAW CUT
REPAIRS
MILHOLLAND COMPANY
Engineering & Surveying
205 west Center Street
:.Fayetteville, Arkansas 72701
Office Phone (501) 443.4724
--- EXISTN1G CONCRETE OR BITUMNOUS
CONCRETE DRIVEWAY AND CHIP AND
SEAL COUNTY I'C6M YS.
,,,,,,,i,,,,,,,,,,,�r
- T■ VARIABLE THICKNESS
THICKNESS ■ 1 V2 T FOR BITUMINOUS
CONCRETE DRIVEWAYS.
(MIN. 2" THICKNESS)
Tt2" FOR CONCRETE
DRIVEWAYS. (MIN. 5"
■ 3" MIN. HOT OR COLD
BITUMINOUS MIX FOR
COUNTY HIGHWAYS AFTER
COMPACTION OF BASE.
COMPACTED S8-2
VATER OR SEWER MAINS
T•' t BITUMINOUS CONCRETE REPLACEMENT MATERIAL SHALL MEET THE
I. REQUIREMENTS OF SECTION 408 OF THE STANDARD SPECIFICATIONS
FOR HIGHVAY CONSTRUCTION, ARKANSAS STATE HIGHW%Y COMMISSOON,
EDITION OF 1978.
' 2. CONCRETE SHALL HAVE A MINMMJM 28 DAY COMPRESSIVE STRENGTH
Of 4200 RS.1.
I
TYPE I ROAD CROSSING
COUNTY HIGMMAY AND
DRIVEWAY REPLACEMENT DETAIL Sheet 2
' MILHOLLANI) COMPANY
Engineering & Surveying
:I
_ 205 West Center Street
Fayetteville. Arkansas 72701
Office Phone (501 ► 443.4724
C C0UPACTED SB-2 EXISTING GRAVEL SURFACE
,s .aft.
.pe ,)! O S�fl'•a41;(6*,a9P& %S. 500 afire 9,1l.
.sfi ► `°°�
• • •
..
I.. '•'• • COMPACTED MATERIAL.
a MOVED FROM TRENCH
MIN. 12"
SELECTED BACK-
- ' FILL MATERIAL WATER OR. SEWER MAINS
PER SPECS MIN, 6"
zrnu---1Ae4111E5 —.
PA T
CEO FOR LATERAL AND
VERTICAL STABILITY OF MAIN.
' MOTE: SETTLEMENT TAKES PLACE 171$ TO DE REFILLED WITH S®-2.
I. -.
1_
TYPE II ROAD CROSSING
' GRAVEL ROAD AND DRIVEWAY REPLACEMENT DETAIL Sheet 3
MILHOLLAND COMPANY
Engineering & Surveying
205 West Center Street
•Fayetteville, Arkansas 72701
Office Phone (501) 443-4724
I.
2"-3" HOT MIX BITUMINOUS
CONCRETE LAYER TO MATCH
6 x 6 / 6-6 W.W.M. (MIN.) - EXISTING SURFACE.
' SAW CUT -t_\ /_ SAW CUT
' PRIME CART —J .; ►•. e •• • •
► .� , ► ►.. • .
CONCRETE --= . ' . J . • • • .. • •
' .
4' MAX. COMPACTED SB-2
WATER AND SEWER MAINS
a b , A
18" MINt4
4 VARIES f I8" MIN.. I
L
NOTES: I. BITUMINOUS CONCRETE REPLACEMENT MATERIAL SHALL MEET THE
REQUIREMENTS OF SECTION 408 OF THE STANDARD SPECIFICATIONS
[FOR. HIGHWAY CONSTRUCTION, ARKANSAS STATE HIGHWAY COMMISSION,
' EDITION OF 1978.
2 :CONCRETE SHALL HIO✓E A MINIMUM 28 DAY COMPRESSIVE STRENGTH
OF 4200 P.S.1.
1
TYPE t' ROAD CROSSING
1
' BITUMINOUS CONCRETE ROAD REPLACEMENT DETAIL Sheet 4.