HomeMy WebLinkAbout144-90 RESOLUTIONRESOLUTION NO. 144-90
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT WITH MCCLINTON-
ANCHOR DIVISION OF APAC-ARKANSAS FOR STREET
CONSTRUCTION AND APPROVAL OF A BUDGET
ADJUSTMENT TO COMPLETE THE PROJECT.
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 ands directed to execute a contract in the amount of
$166,325.50 with McClinton -Anchor Division of APAC-Arkansas for
street construction on Armstrong Avenue to the end of city limits.
Approximately. 42% of cost will be reimbursed Oto the City by
Arkansas Western Gas Company for a bill of assurance agreement. A
copy of the contract authorized for execution hereby is attached
hereto marked Exhibit "A" and made apart hereof.
Section 2'.
That the Board of Directors hereby approves
the budget adjustment in the amount of $69,684.00 for completion
of the project. A copy of the budget adjustment authorized for
execution hereby is attached hereto marked Exhibit "B" and made a
part hereof.
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PASSED AND APPROVED this 18th day of September
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APPROVED:
By:
Mayor
, 1990.
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CITY OF FAYETTEVILLE, ARKANSAS
IN -YEAR SUPPLEMENTAL BUDGET_,REQUEST
ACCOUNT INFORMATION
REQUIRING BOARD APPROVAL
DATE REQUESTED
ACCOUNT TITLE
BUDGET YEAR
Capital Improvements
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JUSTIFICATION OF THIS DECREASE
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REQUESTED BY:
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BUDGET COORDINATOR
ASSISTANT CITY
BILL OF ASSURANCE
This declaration of a Bill of Assurance
day of October , 1982, by
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made this �/✓C a
Arkansas Western Gas Compa y<<./F .. s
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owner of the following described real estate located in the
r City of Fayetteville, Washington County, Arkansas, and more
particularly described as follows, to -wit:
A part of Section 26, Township 16 North, Range 30 West,
Fayetteville, Washington County, Arkansas, being more
particularly described as follows: Beginning at a
point that is South 2674.43 feet and East 1768.44 feet
from the Northwest corner of said Section 26; thence S
2° 46' E 978.84 feet to the North right-of-way of
Armstrong Avenue; thence N 70° 42' W 220.68 feet along
said right-of-way; thence Northwesterly along a circular
curve on said right-of-way, the length of said curve
being 194.18 feet and the radius of said curve being
198.73 feet; thence N 14° 43' W 406.52 feet along said
right-of-way; thence Northerly along a circular curve
on said right-of-way, the length of said curve being
171.69 feet and the radius of said curve being 614.81
feet; thence N 1° 17' E 162.76 feet along said right-
of-way; thence Northeasterly 78.41 feet along a circular
curve with a radius of 50.00 feet; thence S 88° 52' E
356.30 feet to the point of beginning, containing 7.98
acres, more or less.
WHEREAS, the aforesaid owner of the real property
described above has secured from the Fayetteville City Board
of Directors a temporary waiver of the requirement prescribed
by Appendix C, Sec. A(4)(b) of the Fayetteville Code of
Ordinances to pay one-half the cost of installing a street
adjacent to the above described property; and
WHEREAS, the owner has promised and agreed to pay one-
half the cost of constructing a street adjacent to said
property at the call of the City; and
WHEREAS, the owner is desirous of making a declaration
of the same in the form of this Bill of Assurance with the
intention of guaranteeing the preservation of certainvalues
and amenities in the communityand to bind itself; its
successors and assigns and the aforedescribed real estate
and its subsequent owners with the obligations and restrictions
hereinafter set forth for all present and future development
and use of said property.
r:;4839 .656
NOW, THEREFORE, the owner declares that the above
described real property shall be held, developed, transferred,
sold, conveyed and occupied subject to the covenants and
restrictions herein set forth.
I.
Upon receipt of written notice from the City of Fayetteville,
owner shall pay to the City one-half the estimated cost of
constructing to City specifications a street across the
entire West and South boundaries of the above described
property. Said estimated cost shall be determined by the
Fayetteville Street Superintendent. Should owner fail to
pay said amount to the City within 30 days from receipt of
said written notice, the City shall have a lien on the above
described property for such amount, and the City shall have
the right of foreclosure by public sale without the necessity
of court proceedings.
WITNESS my hand this 14th day of October
1982.
;'.
578 ecretary j
StATtnii• ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
ARKANSAS WESTERN GAS COrMANY
By
ACKNOWLEDGMENT
BE IT REMEMBERED, that on this day came before the
undersigned, a Notary Public, duly qualified, commissioned
and acting within and for the aforesaid County and State,
Charles E. Scharlau and. William V. Martin
personally known to be the President and Secretary of Arkansas
Western Gas Company, and stated that they had executed the
foregoing Bill of Assurance pursuant to duly adopted authorization
resolution for the consideration and purposes therein mentioned
and set forth.
i59 657
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WITNESS my hand and seal as such Notary Public on this
14th day of "October 1982.
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ORDER NUMBER:
DATE: 1/8/91
AGREEMENT DATE:
NAME OF PROJECT: Armstrong Ave. - Street Reconstruction
OWNER: City of Fayetteville
CONTRACTOR: APAC Arkansas McClinton Anchor Division
The following changes are hereby made to the CONTRACT DOCUMENTS:
01
CHANGE ORDER
/if ti
Justification: Extending project approximately 150 LF to serve Superior Wheel
in the Fayetteville Industrial Park.
Change to CONTRACT PRICE:
Original CONTRACT PRICE: $ 166,325.50
Current CONTRACT PRICE adjusted by previous
The CONTRACT PRICE due to this CHANGE ORDER
by: $ 14, 298.36
The new CONTRACT PRICE due
Change to CONTRACT TINE:
The CONTRACT TIME will be (increased) pd2cnV.RtI(a) by 12
The date for completion of all work will be
CHANGE ORDER $ 166,325.50
will be (increased) (bi EMIQUESIKI:)
to this CHANGE ORDER will be $ 180,623.86
Approvals Required:
To be effective this Change Order
changes the scope or objective of
required.
Requested by: Mr. Richard Shewmaker
calendar days.
(Date).
must be approved by the OWNER if it
the PROJECT, or as may otherwise be
Recommended by: Mr. Sid Norbash, City of Fayetteville
Ordered by: Mr. Mark Johnson, P.E. CEI Engineering Associates, Inc.
Accepted by: Mr. Jim Cole APAC Arkansas McCli,top,Anchor Division
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Owner:
Mr. Fred Vorsanger, Mayor
K-1
;�CEl Engineering Associates,
Engineers • Planners • Surveyors
Mr. Sid Norbash
Assistant City Engineer
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
nc.
January 8, 1991
Re: Armstrong Ave. Street Reconstruction
Sir:
110 West Central
Bentonville, AR 72712
(501) 273-9472
FAX (501) 273-0844
Enclosed please find Change Order No. 1 for the above referenced
project. We are adding approximately 150 LF of street reconstruction to this
project to serve the Superior Wheel entrance off of Armstrong Avenue. We are
adding the following approximate quantities to this project.
ITEM 4 DESCRIPTION
1 Asphalt
2 Curb & Gutter
3 Fabric Underseal
4 Topsoil & Hydromulch
5 Excavation
6 Clearing & Grubbing
7 Class 7 Crushed Stone
9 Asphalt Removal
Original Contract
Change Order 01
Total Contract
Enclosed also, please
Engineering Services. If you
QUANTITY UNIT PRICE AMOUNT
122.0 TONS $35.25/TON $ 4,300.50
330 LF 6.10/LF 2,013.00
500 SY 1.20/SY 600.00
317 SY 2.00/SY 634.00
300 CY 10.95/CY 3,285.00
500 SY 2.70/SY 1,350.00
146 TONS 13.75/TON 2,007.50
16.67 SY 6.50/SY 108.36
TOTAL $14.298.36
$166,325.50
14,298.36
180,623.86
find the Amendment to the Agreement
have any questions, feel free to call.
Sincerely,
David Sbanotto
Inspector
c: Mr. Jim Cole - APAC Arkansas McClinton Anchor Division
REH/MCJ/File
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Offices; Fresno, California
for
Bentonville, Arkansas
'1
P
S PEC I F 1 CAT 1 ONSAND B I D DOCUMENTS
FOR THE C I TY OF
FAYETTEV I LLE , ARKANSAS
STREET RECONSTRUCT 1 ON
ARMSTRONG AVENUE
FROM COMMERCE I DRIVE TO CITY L I M I TS
{
Prepared By
CEI ENGINEERING ASSOCIATES
Consulting Engineers
Bentonville, Arkansas
INC.
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PAGE
1 ADVERTISEMENT FOR BIDS A-1
IINSTRUCTIONS TO BIDDERS B-1
BID BOND D-1 - D-2.
BID E-1 - E-5
II AGREEMENT F-1 - F-3
I
PAYMENT BOND G-1'- G-3
IPERFORMANCE. BOND H-1 - H-3
NOTICE OF AWARD
NOTICE TO PROCEED
CHANGE ORDER
GENERAL CONDITIONS
SPECIAL CONDITIONS
SPECIAL INSTRUCTIONS
TECHNICAL SPECIFICATIONS -
SITE PREPARATION
CRUSHED STONE BASE COURSE
CONCRETE CURB AND GUTTER
PRIME AND TACK COATS
HMAC LEVELING/FILLER COURSE
POLYPROPYLENE FABRIC UNDERSEAL
HMAC SURFACE COURSE
TOPSOIL, SEEDING AND MULCHING
STORM DRAINAGE
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
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SC -1 - SC -4
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CITY OF FAYETTEVILLE
BID 90-39.
City Administration Building
113 West Mountain
Fayetteville, Arkansas 72701.
Separate and sealed BIDS for Armstrong Avenue Street Reconstruction from.
Commerce" Drive to City Limits in and for the City of Fayetteville,
Arkansas, will be received at the Purchasing Office, Room 307, City
Administration Building Fayetteville, Arkansas, until 2:00 p.m., lOCal"_.
time on August.• 15,1990,. and 'then at said office publicly opened and read.
aloud.
The REPLACEMENT PROJECT will include the furnishing of all the necessary
-materials, supplies, tools, labor, and other services required for the
complete construction of the'following:
Approximately 1450 linear feet of street widening,.HMAC overlay of
existing pavement, concrete curb and gutter, grading, drainage
relocation, and all 'incidental work necessary for a complete
installation.
The CONTRACT DOCUMENTS consisting of .Advertisement for Bids,
Instructions to. Bidders, Bid Bond, Bid, Agreement, Payment Bond,
Performance Bond, General Conditions, Special Conditions, Special
Instructions, Detailed Specifications, Attachments, Drawings and Addenda,
may be examined in the office of the City Engineer, City Administration.
Building, Fayetteville, Arkansas, 72701, and the office of CEI Engineering
Associates, Inc., 110 West Central, Bentonville, Arkansas, 72712."
(501)273-9472.
Copies of the contract documents may .be obtained from the offices of
CEI Engineering Associates, Inc., upon payment of $50.00, non-refundable.
All bidders must be licensed under the terms of Act 150, Arkansas Acts
of 1965.
The City of Fayetteville reserves the right to reject any or all bids
and to waive any formalities in the bids. The City also reserves the
right to withhold the awarding of the contracts for a period of not to
exceed sixty days after opening of bids.
Dated the al day
at --Saco
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Pst . P o. ad -3-73
, 1990.
/s/ L�.�q..�LJ
Purcha 14; -
nicer, City of
Fayetteville, Arkansas
INSTRUCTIONS TO BIDDERS
1. EXAMINATION OF SITE AND DOCUMENTS: Bidders are advised that
the plans, profiles, specifications and estimates of the Engineer
o n file in the office of CEI Engineering Associates, Inc., shall
constitute all of the information which the. Owner shall furnish.
No other information given, or sounding made by the Owner or any
o fficial'thereof, prior to the execution of said contract, shall
ever become a part of, or change the contract, plans, profiles,
specifications and estimates, or be binding on the Owner. Prior
to submitting any bid, bidders are required to read carefully the
specifications, contract and bonds, to examine carefully all plans,
profiles, and estimates, to visit the site of the work to examine
carefully local conditions, to inform themselves by their
independent 'research and sounding of the difficulties to be
encountered, and all attending circumstances affecting the cost of
doing the work, and the time specified for its completion; and to
o btain all information required to make an intelligent bid.
B idders shall rely exclusively upon their surveys, estimates,
investigations, surroundings and other things which are necessary
tor full and complete information upon which the bid may be made
and for which a contract is'to be awarded. The Proposal, providing
for unit and lump sum prices bid by the Contractor, contains a
statement that all bids are made with the full knowledge of the
difficulties and conditionsthat may be encountered, the kind,
quality and quantity of the plans, work to be done, excavation, and
materials required and with,full knowledge of the plans, profiles,
specifications and estimates and all provisions of the contract and
bonds. The submissions of a bid shall constitute the acceptance
o f these provisions.
2. APPROXIMATE ESTIMATE OF QUANTITIES. The Engineer's estimate
o f quantities, approved by the Owner and on file in the offices of
CEI Engineering Associates, Inc., is approximate only, and shall
be the basis for receiving unit price bids for each item, but shall
n ot be considered by the bidders as the actual quantities that may
be required for the completion of the proposed work. Such
quantities, however, at the unit and lump sum prices bid for each
item, shall determine the amount of each bid for comparison of bids
and aid in determining the lowest and best bidder for the purpose
o f awarding the contract, and will be used as basis for fixing the
amount of the required bonds.
3. BIDS AND BIDDING FORMS. Bids must be made out in ink on
bidding forms included as part of these specifications. Bids shall
be sealed and addressed City of Fayetteville, Arkansas, and the
title of the project, the name of the contractor submitting the bid
and the time and date for receipt of bids written on the envelope.
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B ids are due at the Purchasing Office, Room 307, Administration
Building, 113 West Mountain, Fayetteville, Arkansas, 72701, no
later than 2:00 P.M., on August 15, 1990
No bidder shall divulge the information in the sealed bid to any
person whomsoever, except those having a partnership or other
financial interest with him in the bid, until after the sealed bids
have been opened.
B ids which are incomplete, unbalanced, conditional, or obscure, or
which contain additions not called for, erasures, alterations or
irregularities of any kind, or which do not comply with the
Instruction to Bidders may be rejected as informal at the option
o f the Owner. However, the Owner reserves the right to waive
technicalities as to changes, alterations or revisions and to make
the award in the best interest of the Owner.
4. UNIT PRICES AND FILLING IN BIDDING FORMS. Bidders must state
a unit price for each item or work named in the Engineer's estimate
o f quantities of work to be done. Unit prices shall include
amounts sufficient for the furnishing of all labor, materials,
tools, equipment and apparatus of every description, to construct,
e rect, and finish completely all of the work as called for in the
specifications or shown in the plans. Unit prices bid and totals
shown in the Proposal shall not include any of the costs of
e ngineering, advertising, appraising, or printing.
The price bid for each item must be stated in figures and in words
in the appropriate blank spaces provided on the bidding forms. The
figures must be clear and distinctly legible so that no question
can arise as to their intent and meaning. In case of a difference
in the written words and figures in a Proposal, the amount state
in written words shall govern.
5. PRICES BID TO BEAR RELATIONSHIP TO COST OF WORK. Prices bid
o n the various items in the Proposal shall bear a fair relationship
to the cost of the work to be done. Bids which appear unbalanced
and deemed not to be in the best interest of the Owner may be
rejected at the discretion of the Owner.
6. SIGNATURE ON BIDS. If the bid is made by an individual, his
firm name must be given, and the Proposal signed by him or his duly
authorized agent. If the bid is made by a partnership, the firm
n ame and the names of each member must be given, and the bid signed
by a member of the partnership, or a person duly authorized. If
the bid is made by a company or corporation, the company or
corporate name must be given, and the bid signed by an officer or
agent duly authorized.
P owers of attorney, properly certified, for agents and others to
sign bids must be in writing and filed with the Owner.
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7. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be
licensed In accordance with the requirements of Act 150, Arkansas
Acts of 1965, the "Arkansas;State.Licensing Law for Contractors".
Bidders who submit proposals in excess of $20,000 must submit
e vidence cif their having a contractor's license before their bids
w ill be considered, and shall note their license number on the
outside --of their Proposal.
8. QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS. .Each bidder, if
requested to do 'so by either the Owner or the Engineer, shall
furnish satisfactory evidence of his competency to perform the work
contemplated. The Owner reserves the right to reject a bid if .the
bidder has not submitted, upon request, a statement of his
qualifications prior to the date of the opening of bids.
9. DISQUALIFICATIONS OF BIDDERS. Any one or more of the following
may be considered as sufficient for the disqualification of bidders
and the rejection of bids:
More than one Proposal for the same work from an individual,
firm, partnerships, or corporation under the same or different
n ames.
Evidence of collusion among bidders. Participants in such
collusion may receive no recognition as bidders for any future
work.
Unbalanced Proposals in which the prices for some items are
o ut of proportion to the prices for other items, or changes
written in, or amendments by letter. Failure to submit a unit
price for each item of work for which a bid price is required
by the Proposal, or failure to include all required contract
documents.
Lack of competency as revealed by the financial statement,
e xpedience, plant and equipment statements submitted. Lack
o f responsibility as shown by past work judged from the
standpoint of workmanship and progress.
A bid by an unlicensed contractor bidding under a licensed
contractor's name.
Uncompleted work which, in the judgement of the Owner, might
hinder or prevent the prompt completion of additional work if
awarded.
Being in arrears on existing contracts, in litigation with
the Owner, or having defaulted on a previous contract.
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10. CONSIDERATION OF PROPOSALS. After the Proposals are opened
and read, the quantities willbe extended and totaled in accordance
w ith the bid prices of the accepted. Proposals. Until the final
award of the contract, the Owner reserves the right to reject any
and all Proposals, to waive technicalities, and to advertise for
new Proposals, or proceed to do the work otherwise when the best
interests of the Owner will be promoted thereby.
11. RIGHT'TO REJECT BIDS. The Owner reserves the right to reject
any and all bids. Ali bids are subject to this reservation, and.
the Owner reserves to itself the right to decide which shall be
deemed tate lowest responsive and responsible bid. Due
consideration will be given to the reputation, financial ability,
e xperience and equipment of the bidder.
12. AWARDING OF CONTRACT. The Owner reserves the right to
withhold the awarding of a contract a reasonable period of time
from the date of Opening bids, said length of time not to exceed
thirty•(30) days except with lhe consent of the bidder. The
awarding of a contract upon a successful bid shall give the bidder
n o right to action or claim against the Owner upon the .contract
until the contract is reduced to writing and signed by the
contracting parties. The letting of a contract shall not be
complete until the contract is executed and the necessary bonds
approved.
13. SUBCONTRACTOR. The Contractor shall not assign or sublet all
o r any part of this contract without the prior written approval of
the Owner ;nor shall the Contractor allow such subcontractor to
commence work until he has provided and obtained approval of such
compensation and public liability insurance as may be required.
The approval of each subcontract by the Owner will in no manner
release the Contractor from any of his obligations as set out in
the plans, specifications, contract and bonds.
14. MATERIALS GUARANTY. Before any contract is awarded the bidder
may be required to furnish a complete statement of the origin,
composition, or manufacture of any or all materials proposed to be
u sed in the construction of the work, together with samples, which
may be subjected to tests provided for in these specifications to
determine their quality and fitness for the work.
15. FAMILIARITY WITH LAWS. The bidder is presumed to be familiar
with all federal, state and city laws, ordinances and regulations
which in any manner affect those engaged or employed in the work,
o r the materials or equipment used, or in any way affecting the
work, and shall in all respects comply with said laws, ordinances
and regulations. No claim of misunderstanding or ignorance on the
part of the Contractor will in any way serve to modify the
provisions of the contract. No representations shall be binding
unless embodied in the contract.
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16. LABOR,LAWS, The Contractor shall abide by all federal, state
and local laws _governing labor. The Contractor further agrees to
save the Owner harmless from the payment of any contribution under
the State Unemployment Compensation Act, and the Contractor agrees
that if he is subject to the Arkansas State Unemployment Act, he
w ill make whatever contributions are required under 2nd by virtue
o f the provisions of said Act.
17. WAGES :AND LABOR. Minimum wage rates shall be equal to baste
rates as established by common usage in the city and adjacent
community for the various types of labor and skills performed. In
case wage rates are specified in the contract documents, the rates
as specified shall be the minimum rates which apply to the project.
Whenever available, local common Labor shall be used and whenever
practical, skilled and semi -skilled labor, if available, shall be
used.
The Contractor and each subcontractor, where the contract amount
e xceeds $75,000.00 shall comply with the provisions of Act 74, as
amended byr Ac.t 275 of 1969 (Arkansas. Statute 14-630). The
provisions 'are summarized below
The Contractor and subcontractor shall:
(1) pay the minimum. prevailing wage rates for each craft or
type of workman and the prevailing wage rate for holiday
and overtime work, as determined by the Arkansas
Department of Labor.
post the scale of,;wages in a prominent and easily
accessible placeat the site of the work.
(2)
(3)
keep an accurate record showing the name and occupation
and hours worked of all workmen employed by them, and
the actual wages paid to each of the workmen, which
record shall be open at all reasonable hours to the
inspection of the. Department of Labor or the Owner, its
officers and agents.
The Owner shall have the right to withhold from amounts due the
Contractor so much of accrued payments as may be considered
n ecessary to pay the workmen employed by the Contractor or any
su4contractor, the difference between the rates of wages required
by this contract and the rates of wages received by such workmen.
If it is found that any workmen employed by the Contractor or a
subcontractor has been or is being paid a rate of wages less than
the rate of wages' required by this contract, the Owner may be
written notice to the Contractor, terminate his right to proceed
with the work or such part of the work and to prosecute thework
to completion by contract or otherwise, and the Contractor and his
sureties shall be liable for any excess costs occasioned thereby.
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18. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct
and withhold Arkansas income taxes, as required by Arkansas law,
from wages paid to employees, whether such employees are residents
or non-residents. of Arkansas.
19. ANTI -;KICKBACK PROVISION (WHERE APPLICABLE). When provided
for in the specifications, the Contractor shall comply With the
regulations of. the Secretary of Labor made pursuant to the Anti -
K ickback Act o.t June 13, 1934, 40 U.S.C. 276 (c), and any
amendments or modifications made thereto and shall see that such
provisions, are included in all subcontracts.
20. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention
o f all bidders is called to the provisions of Act 125, Arkansas
Acts of 1965: This act provides for payment for certain taxes on
materials and equipment brought into the state. It further
provides for methods of collecting said taxes. All provisions of
t his act will be complied with under this contract.
21. INSURANCE. During the life of this contract, the successful
bidder sha'il carry insurance as hereinafter set out. Also, he
shall require all of his subcontractors to carry insurance as
outlined below, in case they are not protected by the policies
carried by the prime Contractor.
Insurance companies underwriting the required insurance shall :be
licensed in Arkansas. Licensed companies are listed in the State
Insurance Department's Annual Report of the Insurance Commissioner.
In Arkansas, the prevailing law requires that insurance on public
works contracts be issued by and through a duly licensed agent
resident in the State of Arkansas. The mere countersigning by a
resident agent is not acceptable..
Insurance is to be approved by the Owner. If any insurance
contracted for becomes unsatisfactory or unacceptable to the Owner
after the ,acceptance and approval thereof, the Contractor shall
promptly, upon being notified to the effect, execute and furnish
acceptable. insurance in the amounts herein specified. Upon
presentation of acceptable insurance, the unsatisfactory insurance
may be canceled at the discretion of the Contractor.
The Contractor shall have his resident insurance agent submit to
the Owner, through the Engineer, a schedule of insurance policies
proposed to be furnished, which shall be approved before
certificates of insurance and/or policies are issued. Once the
Owner has concurred in the proposal of insurance coverages, the
Contractor shall then furnish to the Engineer, in the name of the
Owner, certificates of insurance for the following:
B-6
Workmen'-s Compensation. Workmen's compensation,- as required
bythe laws of the state in which the work is -to be done,,
shail,be furnished. In case anyhazardous occupations are
required for the execution of the work which are not covered
by the above insurance, special employer's liability policies
shall be obtained to cover workmen engaged in such hazardous
o ccupations.
B Contractor's.Public Liability Insurance and.Property Damage
Insurance. This insurance shall provide bodily' injury of
5200,000.00 for each person and $500,000.00 for each accident;
and property damage of 5200,000.00 for each accident. This
insurance shall be endorsed to cover explosion collapse and
u nderground hazards., and blasting.
Motor Vehicle Public Liability and Property Damage Insurance.
This policy shall provide bodily injury of $200;000.00 for
e ach person and 500,000.00 for each accident; and property
damage of $2001000.00 for each accident.
Owner's and. Engineer's Contingent Protective Liability
Insurance. The Contractor shall indemnify and save harmless
the demands, payments, suits, actions, recoveries and
judgments of every nature and description brought or recovered
against them by reason of any omission or act of the
Contractor, his agent or employees in the execution of the
work of in the guarding of it. The Contractor shall obtain
in the name of the Owner and Engineer (either as co-insured
o r by endorsement), and shall maintain and pay the premiums
for such insurance in an amount not less than $200,000.00
property damage and $500,000.00 bodily injury limits, and with
such provisions as will protect the Owner and Engineer from
contingent liability under this contract.
E . Builder's Risk Insurance. The Contractor shall procure and
maintain during the life of the contract builder's risk
insurance (fire, lightning, extended coverage, vandalism and
malicious mischief) on the insurable portion on a 100 percent
completed value basis, against damage to the equipment,
structure or material. The Contractor, his subcontractors,
and the Owner as their interest may appear shall be named as
the insured.
All -Risk Floater Insurance. Until the project is completed
and is accepted by the Owner, the Contractor is required to
maintain an all-risk installation floater policy.
B-7
1
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The Contractor shall submit to the Owner written evidence of
insurance upon the entire work at the site to the full
insurable value thereof including .the interest of the Owner,
the Contractor, .the subcontractors, and any others with an
-insurable interest. The policy shall insure against all risk.
o f physical damage except as modified by the contract
documents and subject to the normal all-risk exclusions. The
policy by its own terms or by endorsement shall specifically.
permit partial or beneficial occupancy prior to completion or
acceptance of entire work.
O ther Insurance. The Contractor is to protect the Owner
against all loss during the course of the contract. If, due
to the nature of the project, insurance coverage other than
that specified above is needed by the Contractor to protect
the Owner against all losses, the Contractor is responsible
for determining the type of insurance needed and purchasing
same.
E ach insurance certificate and/or policy shall contain a
clause providing that it shall not be canceled by the
insurance company without fifteen (15) days written notice to
the Owner of intention of cancel. It shall be the
responsibility of the Contractor to maintain insurance as set
o ut above, and to furnish current certificates and/or
policies.
22. PERFORMANCE BOND AND PAYMENT BOND. The Contractor shalt
furnish both a surety performance bond and a payment bond, each
equal to one hundred percent (100%) of the contract price. The
performance bond and the payment bond shall be two totally separate
bonds and shall bear two different bond numbers.
The Contractor is to pay all expense in connection with the'
obtaining of said bonds. The bonds shall be conditioned that the
Contractor shall faithfully perform the contract, and shall pay
all indebtedness for labor and materials furnished or performed in
the construction of such alterations and additions as prescribed
in this contract.
The surety company issuing the bonds must be a solvent company on
the "Surety Companies Annual List" issued by the U.S. Department
of the Treasury, and the bonds are not to be issued in an amount
greater than the underwriting limitations for the surety company
as set out therein.
Resident Agent Required. In Arkansas, prevailing law requires that
performance and payment bonds on public works contracts shall be
executed by a resident local agent who is licensed by the Insurance
Commissioner to represent the surety company executing said bonds,
and filing. with such bonds his Power of Attorney as his authority.
The mere countersigning of the bonds will not be sufficient..
8-8
The date of the bonds, and of the. Power of Attorney. must not be
prior to the date of the contract. At least six copies of the
bonds shall be furnished, each with Power of Attorney attached.
Bonds are to be approved by the Owner If any bonds contracted
for become! unsatisfactory or unacceptable to the Owner after the
acceptances and approval thereof, the Contractor, upon being
notified to that effect, shall promptly execute and furnish
acceptablel bonds in the amounts herein specified. • Upon
presentation of acceptable bonds, the unsatisfactory bonds may be
canceled at the discretion of the Contractor.
8-9
' ` A.I.A. Document No. A-310 (February 1970 Ed.)
i u Jaffws
`° FREDSJAMES&CQOFARKANSASIIVG
"" 900•S Shackleford Rd Suite 600
P.O. Box 511
Little Rock, Arkansas 72203-0511
BID BOND
I
KNOW ALL MEN BY THESE PRESENTS, that we, APAC—ARKANSAS, INC. , McCLINTON-ANCHOR DIVISION
as Principal, hereinafter called the Principal, and INSURANCE COMPANY OF NORTH AMERICA
a corporation duly organized under the laws of the State of PENNSYLVANIA
as Surety, hereinafter called the Surety, are held and firmly bound unto
City- of -Fayetteville---. • y Y
City Administration Building, 113 West Mountain
Fayetteville, Arkansas 72701
as Obligee, hereinafter called the Obligee, in the sum of
Five Percent of amount of Bi
Bid
te,., .
a
Dollars ($ 5%
for the payment of which
sum well and truly
to
be made,
the said
Principal and the
said Surety,
bind ourselves,
our heirs, executors,
administrators, successors
and assigns, jointly
and
severally,
firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
Armstrong Avenue Street Reconstruction from Cannerce Drive to City Limits
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good
and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and mateial furnished in the
' prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall
pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for
which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null
and void, otherwise to remain in full force and effect.
'
il' V /
,.
Signed and sealed this 15th — . _. , day of. r_ » _ August ,� �..d ..,,A. D.:1990.._
r•
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APAC-ARKANSAS, INC.,
McCLINTON-ANCHOR DIVISION
.............":;•:
I (Principal) (Seal)
' ( fitness) SJl
BY : �iliZGQ/ Vice President
(Title)
• /lir am/ ` A._V — a
'INSURANCE COMPANY OF NORTH `AMERICA.
(Witness) J)l
East, Jr. Attorney in fact
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00!
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IT.
BID
' STREET RECONSTRUCTION
ARMSTRONG AVENUE
FROM COMMERCE DRIVE
'
TO CITYLIM/IT
' Proposal of f1 ofd L�-.¢i/� wi5a s/hC. /��'CGa�orr-tineh&W �%GYGS10'Iq, (hereinafter
called "Bidder"), a corporation, organized and existing under the laws of the
State of a partnership, or an individual doing
business as
1
1
1
I
1
1
1
1
To the City ofFayetteville, Arkansas, (hereinafter called the "Owner"):
Gentlemen:
The Bidder, in compliance with your invitation for bids on the reconstruction
of Armstrong Avenue in and for the City of Fayetteville, Arkansas, having
examined the pliians 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 below.
These prices atresto cover all expenses incurred, in performing the work
required under the contract documents, of which this proposal is a part.
Bidder hereby agrees to commence work under this contract on or before a date
to be agreed up'on by the Contractor and the Owner and to fully complete the
project within 60 consecutive calendar days thereafter as stipulated in the
specifications., Bidder further agrees to pay as punitive damages, the sum
of $ 300.00 L for each consecutive calendar day thereafter.
Bidder acknowledges
�V6i2G I'
receipt of the following addendum:
E-1
Bidder agreeslto supply all necessary materials, supplies, tools, and
equipment and provide all labor, supervision, and other services required
' for the complete construction of the project as described in the
specifications and shown on the plans for the following unit prices.
I
I
I
I
1
I.
1
1
1
1
1
I
The costs of (miscellaneous material items not listed below that are
required for a[complete job shall be included in_.the unit prices below and
shall not be alcause for an extra.
Item `Estimated Unit, Description of Item -Total
No. Quantity and Unit Price Bid .Amount
1. 12291 TON TON, AHTD TYPE 2 HOT -MIX
ASPHALTIC CONCRETE: INCLUDING
2" SURFACE COURSE AND LEVEL-
ING/FILLER COURSE FOR THE SUM
OF
dollars ($ 35.z5 )TON
2. 2794 LF 3000 P.S.1. CONCRETE CURB AND
GUTTER FOR THE SUM OF
dollars ($ &•lo )L.F.$ I%DI3•¢p
3. 4500 SY
6tc 14 z%
4. 3083 SY
H
IIG
e
AMOPAVE 4599 POLYPROPYLENE
FABRIC UNDERSEAL (OR APPROVED
EQUAL) FOR THE SUM OF
dollars ($ /.zo
)S..Y.$ 6.h iTh
4" TOPSOIL; HYDROMULCHED,
FERTILIZED, AND SEEDED WITHe50%
PENNFINE PERENNIAL RYE AND 50%
REBEL FINELEAF FESCUE FOR THE
SUM OF
dollars ($
E-2
2.00 )S.Y.$ lo�1�OGtoo
}Estimated Unit, Description of Item Total
Quantity and Unit Price Bid •Amount
,2143 CY SIDESLOPE AND SUBGRADE COMMON
EXCAVATION FOR THE SUM OF
•dollars ($ /0.45 )C.Y.$Z34 7' -465
4050 .5? CLEARING AND GRUBBING INCLUDING
FENCE REMOVAL FOR THE SUM OF
L
7w �r 7%v dollars ($ `L.%O
1236 TON CLASS 7 CRUSHED STONE BASE,
COMPACTED TO 95% MODIFIED
PROCTOR DENSITY FOR THE SUM OF
7bA 7/8 dollars ($ /3.75 )Ton$ A 445 60
,128 SF 12" RIP RAP PLACED FLUSH
WITH SURROUNDING SURFACE
FOR THE SUM OF
• l�ULL1 54av dollars ($ ¢ SO )S.F.$ .fl
• 251 SY REMOVE EXISTING PAVEMENT
I FOR THE SUM OF
' 45% dollars($ �.5c )S.Y $
•I1 LS REMOVE AND REINSTALL 15'
// ``� yj�dOF 24" C.M.P. FOR THE SUM OF
ThehGtYl-t5/il/JytGy �oI lars($ S7D'�O )L.S.$ D.
i LS / REMOVE 15' OF 12" RCP; INSTALL
0' OF 24" CSP FOR THE SUM OF
r [ . l
rMi1ll w1illdl/�1y YOdoIIars($
E-3
Item Estimated Unit, Description of Item Total
No. Quantity and Unit Price Bid Amount
12. h2 EACH FLUMES OF 3000 P.S.I.
CONCRETE COMPLETE WITH SIDES
> CURBS F R THE SUM OF
•51Y,ehlfiYJLI�ILL/ wu/;w do -I Tars{$ 575.p� }EA $
D
13. 1 LS REMOVE AND REINSTALL 80 LF
ncOF 15" CMP FOR THE SUM OF
ICy Jl//�jJrav�� doI Iars($ • 14. 5 CV ROCK EXCAVATION FOR THE
SUM OF
NLLL6f1tsQ41tt dollars ($ %%TD )C.Y.$ 35.97)
..
G
E-4'
i l L,•.- G f����
TOTAL BID $/�`j(i/{LIHL�Nf�/�/ �lX �f�QLVY�I i $ f((p,3zr9.6n
(Amount Written In Words)7t q(In Figures)
The Bidder shall state the price bid in words and figures (written in ink
or typed) for each pay item, and the total bid. In case of conflict between
words and figures, the words, unless obviously incorrect, shall govern.
Bidder understands tha.t the Onwer reserves the, right to award the total
project, •or to; reject any or all bids and to waive any formalities in the
bidding.
Bidder agrees 'it hat this proposal shall be good and may not be withdrawn
for a period of 30 dalendar days after the scheduled closing time for
receiving ._bFds..
Respectfully submitted
APAC-Mk ui s, lnc.) f'1CClinlax _ o&n- j)!y%slnr
Firm Name
r4. .k.-
1 R 7_ ..,
Address
•Gc�fit/�e FGLttS�J `1Z70Z_
City State
9a-zoz
Arkansas State License Number
a
I
UNIT PRICE
AGREEMENT
' THIS AGREEMENT„ made this day of
between City of Fayetteville , hereinafter
(name of Owner), (an Individual)
' APAC-Arkansas„ McClinton -Anchor Division doing
individual,).o'r (a partnership,) or (a corporation)
"CONTRACTOR".
, 19 , by and
called "OWNER" and
business
as
(an
hereinafter
called
' WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned:
II
11
1. The
CONTRACTOR will
commence and
complete
the construction
of
Armstrong Avenue
Street Reconstruction
2. The CONTRACTOR will furnish all of the materials, supplies, tools,
equipment, labor, and other services necessary for the construction
and completion of the PROJECT described herein.
3. The CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within 7 calendar days after the date of the NOTICE
TO PROCEED and will complete the same within 60 calendar days
unless the period for completion is extended otherwise by the CONTRACT
DOCUMENTS.
4. The CONTRACTOR agrees
CONTRACT DOCUMENTS and
$ 166,325.50
dollar amount to be
quantities at bid unit
5. The term "CONTRACT DOC
Advertisement
Instructions
to perform all of the WORK described in the
comply with the terms therein for the sum of
or as shown in the BID schedule. The actual
adjusted according to actual constructed
prices.
JMENTS" means and includes the following:
for BIDS
to Bidders
Bid Bond
Bid
Agreement
Payment Bond
Performance Bond
F-1
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Conditions
(L) Special Conditions
(M) Special Instructions
(N) SPECFICATIONS prepared by CEI Engineering Associates
dated March 1990.
(O) ATTACHMENTS:
(P) Addenda:
C
7
No. dated ,19_
19_
,9_.
(Q) Drawings prepared by CEI Engineering Associates including
cover sheet and sheets numbered 1 through 6, and dated
March 1990.
The OWNER will pay to the CONTRACTOR in the manner and at such times
as set forth in the General Conditions such amounts as required by the
CONTRACT DOCUMENTS.
This agreement shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns.
F-2
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed
by their authorized officials, this Agreement in five copies each of
I (number of copies)
which shall berdeemed an original on the date first above written.
OWNER:
City o Favettevil.le
BY (
NAME William V. M4rtun
(Please type) '
(SEAL)
ATTEST:
-a/ 4
NAME vl e it�{ ak. fL am4,
(Ple'5se type)
e�g
TITLE (� L&st
(SEAL)
ATTEST:
%,4r
NAME '&4c l G6KC1 J/�
����ea(Please type)
�
TITLE k € //auilHJ
TITLE Mayor
CONTRACTOR:
APAC-Arkansas, Inc.
McClin on -Anchor Division
BY <O�i1l.1% COCCJ
NAME James A- 61
(Please type)
ADDRESS 204 N.Block, PO Box 1367
FaVettevi lie, AR 727.01
T }
titi 4.bh.1•_�. e
F-3
United Service Agency, Inc.
Post Office Box 11765
Lexington, Kentucky 40577
NAME AND ADDRESS OF INSURED
APAC-Arkansas, Inc.
McClinton -Anchor Division
240 North Block
P. 0. Box 1367
Fayetteville, Arkansas 72702
DMPANY
LETTER
A
B
C
D
E
F
COMPANIES AFFORDING COVERAGES
Insurance Company of North America
CIGNA Insurance Company of Texas
CIGNA Insurance Company of Illinois
Atlantic Employers Insurance Company
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time.
COMPANY POLICY Limits of Liability in Thousands 10001
LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH POLICY
' OCCURRENCE. AGGREGATE
GENERAL LIABILITY PERSONAL INJURY
INCLUDING $ $
A ® COMPREHENSIVE FORM LAB 26606 12-1-92 ( BODILY INJURY)
PREMISES -OPERATIONS
II PROPERTY DAMAGE $ $
EXPLOSION AND COLLAPSE
® HAZARD I
UNDERGROUND HAZARD
® PRODUCTS/COMPLETED
OPERATIONS HAZARD
® PERSONAL INJURY,
CONTRACTUALINSURANCE
BODILY INJURY AND $ 500 $ 500
BROAD FORM PROPERTY PROPERTY DAMAGE
DAMAGE _ COMBINED
INDEPENDENT CONTRACTORS
PERSONAL INJURY
AUTOMOBILE LIABILITY BODILY INJURY $
• (EACH PERSON)
® COMPREHENSIVE FORM BODILY INJURY $
A LAB 26606 12-1-92 EACH OCCURRENCE)
OWNED PROPERTY DAMAGE $
HIRED BODILY INJURY AND
NON -OWNED PROPERTY DAMAGE $ 500
- COMBINED
' EXCESS LIABILITY) BODILY INJURY AND
❑ UMBRELLA FORM I PROPERTY DAMAGE $ $
❑ OTHER THAN UMBRELLA - COMBINED
FORM
'
A RSCC20578142 CC20578142 12-1-90
B WORKERSCOMPENSATION RSCC18146939 and renewals STATUTORY
and
' C EMPLOYERS' LIABILITY RSCC1814704A thereof until
D RSCC18146836 12-1-92 $ 1,000
(EACH ACCIDENT)
1
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES
' Street reconstruction - Armstrong Avenue
I
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will
endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice
shall impose no obligation or liability of any kind upon the company.
1 NAME AND ADORES S OF CERTIFICATE HOLDER:
City of Fayetteville DATE ISSUED: October 1, 1990�
113 West Mountain -?-� _ �1�2/Yt��
' Fayetteville; Arkansas 72703 _ \
AUTHORIZED REPRESENTATIVE
I993432(08189,
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:. that
APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION
(Name of Contractor)
P. O. BOX 1367, FAYETTEVILLE, AR 72701
(Address of Contractor)
a CORPORATION , hereinafter called PRINCIPAL and
(Corporation, Partnership or Individual)
INSURANCE COMPANY OF NORTH AMERICA
(Name of Surety)
hereinafter called SURETY, are held and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
(Name of Owner)
FAYETTEVILLE, AR
(Address of Owner)
hereinafter called OWNER, and unto all persons, firms, and corporations who
or which may furnish materials to perform as described under the contract
and to there successors and assigns in the total a gregate sum ofONE HUNDRED
SIXTY SIX THOUSAND THREE HUNDRED TWENTY FIVHoAffa�gI1(t $166,325.50 )in
lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heir executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered
into a certaincontractwith the OWNER, dated the day
4 , 19 , a copy of which is hereto attached and made a
part hereof for, the construction of:
STREET RECONSTRUCTION -
i ARMSTRONG AVENUE
NOW, THEREFORE,Cif the PRINCIPAL shall promptly make payment to all persons,
firms, and corporations furnishing materials for or performing labor in the
prosecution oflthe WORK provided for in such contract, and any authorized
extensions or modification thereof, including all amounts due for materials,
lubricants, oil, gasoline, fuels, repairs on machinery, equipment and tools,
consumed or use,d in connection with the construction of such WORK including
that by a SUBCONTRACTOR, and to any mechanic or materialman I len holder
whether it acqulires its lien by operation of State or Federal law; then this
obligation shalil be void, otherwise to remain in full force and effect.
G-1
PROVIDED, that beneficiaries or claimants hereunder shall be limited to the
SUBCONTRACTORS, and persons, firms, and corporations having a direct contract
with the PRINCIPAL or its SUBCONTRACTORS.
PROVIDED, FURTHER, that the said SURETY for value received hereby stipulates
and agrees thaltt no change, extension of time, alteration or addition to the
terms of the contract or to the WORK to be performed thereunder or the
SPECIFICATIONSlaccompanying the same shall in any way affect its obligation
on this BOND, and it does hereby waive notice of any such change, extension
of time, alterltation or addition to the terms of this contract or to WORK or
to the SPECIFICATIONS.
PROVIDE, FURTHER, that no suit or action shall be commenced hereunder by any
claimant: (a),Unless claimant, other than one having a direct contract with
the PRINCIPAL shall have given written notice to any two of the following:
The PRINC
days after
or furnisl
stating wi
party to
labor was
the same
envelope
where an o
or served
state in v
need not I
(t) year
CONTRACT,
in the B
hereof, s
to the mi
PAL, the OWNER, or the SURETY above named within ninety (90
such claimant did
or performed the last
of the work or labor,
ed the last of
the materials for which said claim is
made,
th substantial accuracy the amount claimed
and the name of
the
whom the materials
were furnished, or
for whom the work
or
done or performed.
Such notice shall
be serviced by mailing
y registered mail
or certified mail,
postage prepaid,
in an
Lddressed to the
PRINCIPAL, OWNER, or
SURETY, at any
place
'fice is regularly
maintained for the transaction of business,
in any manner in
which legal process
may be served in
the
hich the aforesaid
project is located,
save that such service
e made by a public
officer. (b) After
the expiration of
one
PROVIDED,
amended
FURTHI
automat)
hereto,
than 20
upon amc
percent
faithful
perfor,
wherever
used i
or the 'loan
Doc
modification
of
PROVIDED, FURT}
CONTRACTOR shal
may be unsatisf
ollowing the date of which PRINCIPAL ceased work on said
s being understood, however, that it any limitation embodied
ID is prohibited by any law controlling the construction
•h limitation shall be deemed to be amended so as to be equal
mum period of limitation permitted by such law.
R, that it is expressly agreed that this BOND shai,l be.deemed
cally and immediately, without formal and separate amendments
ndment to the Contract not increasing the contract price more
so as to bind the PRINCIPAL and the SURETY to the full and
iance of the Contract as so amended. The term "Amendment",
i this BOND and whether referring to this BOND, the contract
invents shall include any alteration, addition, extension or
any character whatsoever.
that no final settlement between the OWNER and the
abridge the right of any beneficiary hereunder, whose claim
ed.
G-2
WITNESS WHEREOF,
of which shall be
i
this instrument is executed in
deemed an original, this the
ATTEST:
4; 1Q n23
as, Inc.
chor Div.
Address P.O. BOX
1367
City State
ATTEST:
Witness to Surety
Address
Box 511
counterparts, each
Number
day of
APAC-ARKANSAS. INC.. McCLINT0N-ANCHOR DIV.
PrincipaI
By da-� /Q . &&
P.O. BOX 1367
-FAYETTCVILLE, AR 72.702
Address APAC-Arkansas, Inc.
McClinton -Anchor Div.
City State
(s)
INSURANCE COMPANY OF NORTH AMERICA
Surety
rt
By
r Judy ranks 'But1ef: , s,'J:
Attorne i -.Fact.
�?s
Address
Box 511
Little Rock, AR 172203 Tittle Rock, AR 72203
City State City State
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is partnership, all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury
Depairtment's most current list (Circular 570 as amended) and
be aluthor.ized to transact business in the State where the
Project is located.
Em
G-3
J
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION
(Name of Contractor)
It
P. 0. BOX 1367, FAYETTEVILLE, AR 72701
(Address of Contractor)
a CORPORATION .hereinafter called Principal,
(Corporation} Partnership, or Individual)
I
and INSURANCE COMPANY OF NORTH AMERICA
(Name of Surety)
•P.I 0. BOX 511, LITTLE ROCK, AR 32203
t r (Address of Surety)
I
hereinafter called Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
Name of Owner
FAYETTEVILLE, ARKANSAS
(Address of Owner)
hereinafter called OWNER in the total aggregate penal sum of ONE HUNDRED SIXTY
SIX THOUSAND THREE HUNDRED TWENTY FIVE & 50/Q)®Qlars ($ 166;325.50
in lawful money of the United States, for the payment which sum well and
truly to be made, we bind ourselves, our heirs,. executors, admi'nistrators,
successors, and assigns, jointly and severally, firml-y-by theserpresents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered
into a certainlcontract with the OWNER, dated the day of
19 , a copy of which is hereto attached and made a part hereof
for the construction of:
STREET RECONSTRUCTION -
ARMSTRONG AVENUE
H-1
I
NOW,
THEREFORE,'
if the Principal shall
well, truly and faithfully perform
its
duties, alll the undertakings,
covenants, terms, conditions, and
agreements
of
said contract during
the original term thereof, and any
extensions
thereof which may be granted by the OWNER, with or without notice
to
the SURETY and during the one year
guaranty period and if the PRINCIPAL
shall
satisfy al
claims and demands incurred under such contract, and shall
fully
indemnify
and save harmless the OWNER from all costs and damages which
it
may suffer by reason of failure to
do so, and shall reimburse and repay
the
OWNER all oltlay and expense which
the OWNER may incur in making good any
default,
then this obligations shall
be void, otherwise to remain in full
force
and effect.
PROVIDED,
FURTHER, that the said SURETY,
for value received hereby stipulates
and
agrees thatFno change, extension of
time, alteration or addition to the
terms
of the ,contract or to WORK
to be performed thereunder or the
SPECIFICATIONS
accompanying same shall
in any way affect its obligation on
this
BOND, and
it does hereby waive notice
of any such change, extension of
time, alteration
or addition to the terms
of the contract or to the WORK or
to
the SPECIFICATIONS.
PROVIDED, FURTH
amended automat
hereto, upon am'
than 20 percent
faithfully of
Documents shall
of any characte
R, that it is expressly agreed that the BOND shall be deemed
cally and immediately, without formal and separate amendments
ndment to the Contract not increasing the contract price more
so as to bind the PRINCIPAL and the SURETY to the full and
he CONTRACT amended. The terms "Amendment", or the Loan
include any alteration, addition, extension, or modification
whatsoever.
PROVIDED,
FURTHER,
that
no final
settlement
between
the OWNER and the
PRINCIPAL
shallHabridgethe
right of
the
other
beneficiary
hereunder, whose
claim may
be unsatisfied.
The OWNER
is
the only
beneficiary
hereunder.
H-2
hi
I I IN WITNESS WHEREOF, this instrument is executed in
(Number)
each one of which shall be deemed an original, this the
• , 19
1 ATTEST:
II
�cretary (Princ )gy
Q �
'
Wi:t.ne'ss Q.to;ParrIncipa
tiy .; , APAC-Arkansas, Inc.
"""~>'McClinton -Anchor Div.
Address P.O. BOX 1367
FA4 ETTEVILLE, AR 72702
City State
ATTEST:
Witness to Surety
P. 0. Box 511
Address
Little
City
NOTE:'
counterparts,
day of
APAC-ARKANSAS, INC., McCLINTON-ANCHOR
DIVISION
Principal
By tiyYytL/J 7;t. Ww{s)
• APAC-Arkansas, Inc.
MCCllnl.un-Anchor Div.
Address P.O. BOX 1367
FAYETTEVILLE, AR 72702
City State
INSURANCE COMPANY OF NORTHZAMERICA
Judy ranks Bu.tle "^"-'t
Attorney -in -Fact, K� fl
P. 0. B off_ 511 >�
Address
Rock, AR172203 Little Rock, AR 72203
rState City State
Date of BOND must not be prior to date of Contract.
If CONTRACTOR is partnership, all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on
• Depar`,tment's most current list (Circular 570 as
• be authorized to transact business in the state
Project is located.
H-3
the Treasury
amended) and
where the
fir- F..`�. - ._ ..
%1/ P�OWER,OF.,I ;N, , // \ 07,11/ ''I: \1 •Paa: f. 1 .• �F.• /'C/ \CI' �•"•'illl r \.\I�\, I" 4irO\,.i l//, `:! I\
%I ! \/ nL' - • dodo n .'
•„r. .ATTORNE.V. ,..1.O11 I, I„% sI'11,,;I•�A: A �;
/ J.I\• r / r/ /i\`II•
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NOTICE OF AWARD
TO: APAC-AR, Inc., McClinton Anchor Division
240 N. Block
Fayetteville, AR 72701
PROJECT Description: Street Reconstruction - Armstronq Avenue
The
OWNER has considered
the BID
submitted
by
you for the
above
described
WORK
in response to
its Advertisement
for Bids
dated August
15
, 1990._
You
are
hereby,
notified that your
BID has be.en
accepted
for items in
the
amount
of $ 166,325.50
You
are
required
by'the information
for Bidders to
execute
the Agreement
and
furnish
the required
CONTRACTOR'S
Performance
BOND,
Payment BOND
and
certificates
of
insurance within ten
(10) calendar
days from the date of this
Notice
to you.!
If you fail
to execute
said Agreement and to furnish said
BONDS within
ten
(10) days
from the date
of this Notice, said OWNER will
be entitled
to
consider all
your rights arising out of the OWNER'S acceptance of
your
BID
as abandoned and as a
forfeiture of your BID BOND.
The OWNER
will
be
entitled to
such other
rights as may be granted by law.
You are required
to return
an acknowledged copy of this
NOTICE OF
AWARD
to
the OWNER.
Dated this
'3rdTday of
October , 19 90.
City of Favettevi e
Owner
By G
Mar C. Jo son
Title Project Eno neer
ACCEPTANCE OF NOTICE
Receipt of the, above NOTICE OF AWARD is hereby acknowledged:
By APAc' %.'nsua, /.ZtLc., ��Gl.��e�r-,�yi�lar Dbi'�,�i
this -.5="d a y of 19 90
By c27F.4t2 A- (.Oct Ti t I ej'-
NOTICE TO PROCEED
TO: APAC-AR, IInc. McClinton -Anchor Date: 9/3/90
240 N. Block Project: Armstrong Avenue
Fayettevillle, AR 72701 Street Reconstruction
You are hereby notified to commence WORK •in accordance with the Agreement
dated October 3 , 19 90 , on or before October 10 , 19 90, you
are to complete. the WORK within 60 consecutive calendar days
thereafter. The date of completion of all WORK is therefore December
10, 1990.
City of Fayetteville
Owner
By
Mark C. Joh son
Title Project Engineer
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO
PROCEED Li,s hereby acknowledged:
���//�/�
B y APi e-AMwil l ,,�',,CS!!�/I f�Y/ %a6 - I�I'IJI UA
this the 3&diy(&0boi 19AC
By ;l' &
Title i<s:lfilGli�
J-1
CHANGE ORDER
ORDER NUMBER:
DATE:
AGREEMENT DATE:
NAME OF PROJECT:
OWNER:
CONTRACTOR:
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Change to CONTRACT PRICE:
Original CONTRACT PRICE: $
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $
The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased)
by: $
The new CONTRACT PRICE due to this CHANGE ORDER will be $
Change to CONTRACT TIME:
The CONTRACT
TIME will be
(increased)
(decreased)
by calendar
days.
The date for
completion of
all work will be
(Date).
Approvals Required:
To be effective
This Change
Order must be approved
by the OWNER if
it changes
the scope or
objective of
the -PROJECT, or as may
otherwise be
required.
Requested by:
Recommended by:
Ordered by:
Accepted by:
Owner:
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GENERAL CONDITIONS .
'1. Definitions' 17. Subsurface Conditions
2. Additional Instructions and Detail 18. Suspension of Work, Termin-.
Drawings H nation, and. Delay
'3. Schedules, Reports, and Records 19. Payments to Contractor
4. Drawings and Specifications 20. Acceptance of Final Payment
5. Shop Drawings as Release
• 6. Materials, Services, and Facilities 21. Insurance
• .7. Inspection And. Testing 22. Contract Security.
8. Substitutions 23. Assignments
'9. Patents 24. Indemnification
10. Surveys, Permits,.Regulations 25. Separate Contracts
11. Protection of Work, Property, Persons 26. Subcontracting
'Subcontracting
12. Supervision;by Contractor 27. Engineer's Authority
13. Changes in -the. Work 28. Land and Right -of -Way
1 14. Changes in Contract Price 29. Guaranty
15. Time for Completion and Liquidated 30. Arbitration
Damages 31. Taxes
' 16. Correction of Work
1. DEFINITIONS
' 1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall.have
the meanings indicated and shall be applicable to both the singular and
plural thereof:
1.2 ADDENDA- Written or graphic instruments issued prior to the execution
' of the Agreement which modify or interpret the CONTRACT DOCUMENTS,
DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications,
or corrections.
' 1.3 BID - The offer or. proposal of the BIDDER submitted on.the prescribed
form setting forth the prices for the WORK to be performed.
' 1.4 BIDDER - Any person, firm or corporation submitting a BID for the WORK..
1.5 BONDS - Bid; Performance, and Payment Bonds and other instruments of
surety, furnished by the CONTRACTOR authorizing an addition, deletion,
or revision in the WORK within the general scope of the CONTRACT
' DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or
CONTRACT TIME.
' 1.6 CHANGE ORDER - A written order to the CONTRACTOR authorizing an
addition, deletion, or revision in the WORK within the general scope of
the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT
I. PRICE or CONTRACT TIME.
1.7 CONTRACT DOCUMENTS - The. contract, including Advertisement for Bids,
instructions to BIDDERS, BID BOND, BID, Agreement, Payment BOND, NOTICE
OF AWARD, NOTICE TO PROCEED; CHANGE ORDER, GENERAL CONDITIONS, SPECIAL
CONDITIONS; SPECIAL INSTRUCTIONS, TECHNICAL SPECIFICATIONS, ATTACHMENTS,
DRAWINGS AND ADDENDA.
1.8 CONTRACT PRICE- the total monies payable to the CONTRACTOR under the
I. terms and conditions of the CONTRACT DOCUMENTS.
1.9 CONTRACT TIME - The number of calendar days stated in. the CONTRACT
DOCUMENTS for the completion of the WORK.
1.10 CONTRACTOR'The person, firm, or corporation with whom the OWNER has
executed the Agreement.
1.11 DRAWINGS The parts of the CONTRACT DOCUMENTS which show the
characteristics and scope of the WORK to be performed and which have
been prepared or approved by the ENGINEER.
1.12 ENGINEER The person, firm, or corporation named as such in the
CONTRACT DOCUMENTS.
1.13 FIELD ORDER A written order effecting a change in the WORK not
involving an adjustment in the CONTRACT PRICE or an extension of the
CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during
• construction.
'
1.14 NOTICE OF AWARD - The written notice of the acceptance of the BID from
'the OWNER to the successful BIDDER.
1.15 NOTICE TO PROCEED - Written communication issued by the OWNER to the
CONTRACTOR authorizing him/her to proceed with the WORK and establishing
the date for commencement of the WORK.
1.16 OWNER - Al public or quasi -public body or authority, corporation,
association, partnership, or an individual for whom the WORK is to be
• performed,
1.17 PROJECT - the undertaking to be performed as provided in the CONTRACT
DOCUMENTS.
1.18 RESIDENT PROJECT ENGINEER - The authorized representative of the OWNER
who is assigned to the PROJECT site or any part thereof.
1.19 SHOP DRAWINGS All drawings, diagrams, illustrations, brochures,
schedules, and other data which are prepared by the CONTRACTOR, a
SUBCONTRACTOR, manufacturer, supplier, or distributor, which illustrate
how specific portions of the WORK shall be fabricated or installed.
L-2
I
1 H
1 1.20 SPECIFICATfIONS - A part. of the CONTRACT, DOCUMENTS consisting of writteni
descriptions of a technical nature of materials, equipment, construction
systems, standards and workmanship:
1.21 SUBCONTRACTOR An individual, firm, or corporation having a direct.
contract with CONTRACTOR or with any other SUBCONTRACTOR :for the
performance.of a part of the WORK at the: site.
1 1.22 SUBSTANTIAL COMPLETION.- That date certified by the.ENGINEER when the
construction of the PROJECT or a specified part thereof is sufficiently.
completed,I.in accordance with the CONTRACT DOCUMENTS, so that the
' PROJECT orrspecified part can be utilized for the purposes for which it
is intended.
1.23 SUPPLEMENT
required t
approved b
1 DOCUMENTS,
laws.
L GENERAL CONDITIONS - Modifications to General Conditions
a Federal. agency for participation in the PROJECT and
• the agency in writing prior to inclusion in the CONTRACT
or such requirements that may be imposed by applicable state
1.24 SUPPLIER 'F Any person or• organization• who supplies materials or
equipment for the WORK, including that fabricated to a special design,
but who does not perform labor at the site.
1.25 WORK - Allilabor necessary to produce the construction required by the
CONTRACT DOCUMENTS, and all materials and equipment incorporated or to
be incorporated in the PROJECT.
1.26 WRITTEN NOTICE - Any notice to any party of the Agreement relative to
any part of this Agreement in writing and considered delivered and the
service thereof completed, when posted by certified or registered mail
to the said. party at their last given address, or delivered in person
to said party or their authorized representative on the WORK.
2. ADDITIONAL 't INSTRUCTIONS AND DETAIL DRAWINGS
I 2.1 The CONTRACTOR may be furnished additional instructions and detail
drawings, by the ENGINEER, as necessary to carry out the WORK required
by the CONTRACT DOCUMENTS.
2.2 The additional drawings and instructions thus supplied will become a
1 part of the] CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK
in accordance with the additional detail drawings and instructions.
3. SCHEDULES', REPORTS, AND RECORDS
3.1 the CONTRACTOR shall submit to the OWNER such schedule of quantities
I. and costs, progress schedules, payrolls, reports, estimates, records
and other data where applicable, as are required by the CONTRACT
DOCUMENTS for the WORK to be performed.
I
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1
I
3.2 Prior to the first partial payment estimate the CONTRACTOR shall submit
construction progress schedules showings the order in which the
CONTRACTOR: proposes to carry on the WORK, including dates at which the
various parts of the WORK will be started, estimated date of completion
of each part and, as applicable:
3.2.1 The dates' at which special detail drawings will be required; and
'3.2.2 Respective dates for• submission of SHOP DRAWINGS, the beginning of
manufacture,. the testing and the installation of material, supplies and
equipment
3.3 The•CONTRACTOR shall also submit a schedule of payments that the
CONTRACTOR anticipates will be earned during the course of the WORK.
4. DRAWINGS AND SPECIFICATIONS
' 4.1 The intenth of the DRAWINGS and SPECIFICATIONS is that the CONTRACTOR
shall furnish all labor, materials, tools,•equipment, and transportation
necessary for the proper execution of the WORK in accordance with the
I. CONTRACT DOCUMENTS and all incidental work necessary to complete the
PROJECT in an acceptable manner, ready for use, occupancy or operation
'by the OWNER.
4.2 In case olf conflict between the DRAWINGSand SPECIFICATIONS, the
SPECIFICATIONS shall govern., Figure dimensions on DRAWINGS shall govern
over general DRAWINGS.
4.3 Any discrepancies found between the DRAWINGS and SPECIFICATIONS and site
' conditionsV.or any inconsistencies or ambiguities in the DRAWINGS or
SPECIFICATIONS shall be immediately reported to the ENGINEER, in
writing, who shall promptly correct such inconsistencies or ambiguities
' in writing. WORK done by the CONTRACTOR after discovery of such
discrepancies, inconsistencies or ambiguities shall be done at the
CONTRACTOR's risk.
5. SHOP DRAWINGS
5.1 The CONTRACTOR shall provide SHOP. DRAWINGS as may be necessary for the
prosecution of the WORK as required by the CONTRACT DOCUMENTS. The
ENGINEER shall promptly review all SHOP DRAWINGS. The ENGINEER'S
' approval of any SHOP DRAWING shall not release the CONTRACTOR from
responsibility for deviations from the CONTRACT DOCUMENTS. The approval
of any SHOP DRAWING which substantially deviates from the requirements
of the CONTRACT DOCUMENTS shall be evidenced by a CHANGE ORDER.
.
1 H. H .
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• 5.2• When submitted for the ENGINEER'S review, SHOP DRAWINGS shall bear.the
CONTRACTORS'S certification that he has reviewed, checked and approved
the SHOP DRAWINGS and that they are in conformance with the requirements
of the CONTRACT. DOCUMENTS.
5.3 Portions of the WORK requiring aSHOP DRAWING or sample submission shall
not begin until the SHOP DRAWING or submission has been approved by.the,
ENGINEER. IA copy of each approved SHOP DRAWING and each approved sample
' shall be kept in good order. by the CONTRACTOR at the site and shall be
available to the ENGINEER. .
6. MATERIALS,SERVICES AND FACILITIES
6.1.• It is undeIrstoo.d that, except as otherwise specifically stated in the
• CONTRACT DOCUMENTS, the CONTRACTOR shall provide the pay for all
materials, Tabor, tools, equipment, water, light, power,
transportation,jsupervision, temporary construction of any nature, and all
other, services a'nd facilities of any nature whatsoever necessary to execute,
'complete,.and deliver the WORK within the specified. time.
6.2 Materials and equipment shall be so stored as to insure the preservation.
of their' quality and fitness for the WORK. Stored materials and
equipment lo be incorporated in the WORK shall:be located so as to
faciIItater,prompt inspection.
6.3. Manufactured articles, materials, and equipments shall be applied,
.installed,fconnected, erected, used, cleaned and conditioned as directed
'by the manufacturer. .
6.4 Materials,Ifsupplies, and equipment shall be in accordance with samples
submitted by the CONTRACTOR and approved:by the ENGINEER.
6.5 .Materials,suppiies, or equipment to be incorporated into the WORK shall
not be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a
chattel moritgage or under a conditional sale contract or other agreement
by which an interest is retained by the Seller.
INSPECTION AND TESTING
7.1 All materials and equipment used in. the construction of the PROJECT
shall be subject to adequate inspection and testing in accordance with
generally accepted standards, as required and defined in the CONTRACT
DOCUMENTS . 1
• 7.2 The OWNER shalt provide all inspection and testing services not required
'by the CONTRACT DOCUMENTS.
7.3 The CONTRACTOR shall provide at the CONTRACTOR'S expense the testing
and inspection services required by the CONTRACT DOCUMENTS.
{
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7.4
If the CONTRACT. DOCUMENTS, laws, ordinances, rules, regulations
or:
•
orders of any public authority having jurisdiction.requi-re any WORK
to
•
specifically be inspected, tested, or approved by someone other than
the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice
of
readiness.', the CONTRACTOR will then furnish the ENGINEER the required
certificates of inspection, testing or approval.
7.5
Inspections, tests, or approvals by the. engineer or others shall
not
•
relieve th'e CONTRACTOR from the obligations to perform thel WORK
in -
•
accordance with the requirements of the CONTRACT DOCUMENTS..
7.6
The ENGINEER and the ENGINEER'S representatives will at all times have
•
access :t0 the WORK. In addition, authorized representatives and
agents of any participating Federal or State agency shall be permitted
to inspect all work, materials, payrolls, records of personnel,
invoices of materials, and other relevant data. and records of•
personnel., invoices of materials, and other relevant data and
,records. The CONTRACTOR will provide proper facilities for such access
and observation of the WORK and also for any inspection or•testing
thereof.
7.7
It any WORK is covered contrary to the written instructions of .the
ENGINEER it must, if requested by the ENGINEER, be uncovered for
the
ENGINEER'S, observation and replaced at the CONTRACTOR'S expense.
7.8 If the ENGINEER considers it necessary or advisable that covered WORK
be inspected or tested by other, the CONTRACTOR, at the ENGINEER'S
request, will uncover, expose or otherwise make available for
observation, inspection or testing as the ENGINEER may require, that
portion of the WORK in question, furnishing all necessary. labor,
materials, 'tools, and equipment. If it is found that such WORK is
defective, the CONTRACTOR will bear all the expenses of such uncovering,
exposure, observation, inspection and testing and of satisfactory
reconstruction, if however, such WORK is not found to be defective, the
CONTRACTORIwill be allowed an increase in the CONTRACT PRICE or an
.extension of the CONTRACT TIME, or both, directly attributable to such
uncovering,, exposure, observation, inspection, testing and
reconstruction and an appropriate CHANGE ORDER shall be issued.
8. SUBSTITUTIONS
8.1 Whenever a`material, article, or piece of equipment is identified on
the DRAWINGS or SPECIFICATIONS by reference to brand name or catalogue
numbers, it shall be understood that this is referenced for the purpose
of defining the performance or other salient requirements and that other
producers o'f equal capacities, quality and fu•
nction shall be considered..
The CONTRACTOR may recommend the substitution of a
L-6
material, article, or piece of equipment of equal substance and function
• for those referred to in the CONTRACT DOCUMENTS by reference to brand.
name or catalogue number, and if, in the opinion of the ENGINEER, such
material, (,article, or "piece of equipment is of equal substance and
function to that specified, the ENGINEER may approve its substitution.
and use by: the CONTRACTOR. Any cost differential shall be deductible
from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall be
appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that
is substitutes are approved, no major changes in the function or general
• design of the PROJECT will result. Incidental changes or extra
component parts required to accommodate the substitute will be made by
the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME.
9. PATENTS
9.1 The CONTRACTOR shall pay all applicable royalties and license fees, and
shall defend all suits or claims for infringement of any patent rights
and save the OWNER harmless from loss on account thereof, except that
the OWNER (shall be responsible for any such loss when a particular
manufacturer or manufacturers is specified, however, if the CONTRACTOR
has reason;to believe that the design, process or product specified is
an infringement of a patent, the CONTRACTOR shall be responsible for.
such loss unless the CONTRACTOR. promptly gives such information to the
• ENGINEER.
10. SURVEYS,. PERMITS, REGULATIONS
10.1 The OWNER shall furnish all boundary surveys and establish all base
lines:for locating the principal component parts of the WORK together.
with a suitable number of bench marks adjacent to the WORK as shown in•
the CONTRACT DOCUMENTS. From the information provided by the OWNER,
unless otherwise specified in the CONTRACT DOCUMENTS, the CONTRACTOR
shall develop and make all detail surveys needed for construction such
as slope stakes, batter boards, stakes for pipe locations and other
Working points, lines, elevations and cut sheets.
10.2 The CONTRACTOR shall carefully preserve bench marks, reference points
and stakes'and, in case of willful or careless destruction, shall be
charged with the resulting expense and shall be responsible for any
mistake that may be caused by their unnecessary loss or disturbance.
10.3 Permits and licenses of a temporary nature necessary for the prosecution
of the WORK shall be secured and paid for by the CONTRACTOR unless
otherwise stated in the SUPPLEMENTAL GENERAL CONDITIONS. Permits,
licenses and easements for permanent structures or permanent changes •in
existing facilities shall be secured and paid
L-7
•
for by.the,OWNER, unless otherwise specified. The CONTRACTOR shall give
all notices and comply with all laws, ordinances, rules and regulations
bearing on .the conduct of the -WORK as drawn and .specified. If the
CONTRACTOR observes that the CONTRACT DOCUMENTS are at. variance
therewith,' the CONTRACTOR shall promptly notify the ENGINEER in writing,
t and any necessary changes shall be adjusted as. provided in Section 13,.
CHANGES INITHE WORK. .
11. PROTECTIONIOR WORK, PROPERTY, AND PERSONS
11.1 The CONTRACTOR will be responsible for initiating, maintaining and
'• supervising all safety precautions and programs in connection with the
WORK. -Thel CONTRACTOR will take all necessary precautions for safety
of, will provide the necessary precautions for the safety of, and will
provide the necessary protection to prevent damage, injury or -loss to
all employees on the WORK and other persons who may be affected thereby,
all the WORK and all materials or equipment to be incorporated therein,
I. whether in'storage or off the site, and other property at the site or
adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadway,s Iiistructures and utilities not designated for removal,
relocation.or replacement in the course of construction.
11.2 The CONTRACTOR will comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction. The
CONTRACTOR i will erect and maintain, as required by the conditions and
progress of the WORK, all necessary safeguards for. safety and.
protection'... The CONTRACTOR will notify owners of adjacent utilities
when prosecution of the WORK may affect them. The owners of adjacent
utilities when prosecution of the WORK may affect them. The CONTRACTOR
will remedy all damage, injury or loss to any property caused, directly
or indirectly employed by any of them or anyone of whose acts any of
them be liable, except damage or loss attributable to the fault of. the
CONTRACT DOCUMENTS or to the acts or omissions of the OWNER, of the
ENGINEER or anyone employed by either of them or anyone for whose acts
either of them may be liable, and not attributable, directly or
indirectly, in whole or in part, to the fault or negligence of the
CONTRACTOR:
11.3 In emergencies affecting the safety of persons or the WORK or property
at the site or adjacent thereto, the CONTRACTOR, without special
instructions or authorization from the ENGINEER or OWNER, shall act.to
prevent threatened damage, injury, or loss. The CONTRACTOR will give
the ENGINEER prompt WRITTEN NOTICE of any significant changes in the
WORK or. deviations from the CONTRACT DOCUMENTS caused thereby, and a
CHANGE ORDER shall thereupon be issued covering the changes and
deviations involved.
12. SUPERVISION BY CONTRACTOR
L-8
CIF . • 12.1 The CONTRACTOR wilI supervise and direct the WORK. He will be solely
responsible for the means, methods, techniques, sequences and procedures
' of construction. The. CONTRACTOR will employ and. maintain on. the WORK
a qualified supervisor or superintendent who shall have beendesignated
in writinglby the CONTRACTOR as the CONTRACTOR'S representative at the
site. The supervisor shall have full authority to act on behalf of the
fl
•CONTRACTOR'Iand all communications given to the supervisor shall be as
binding asif given to the CONTRACTOR. The supervisor shall be present
I.
on the site at all time as required to perform adequate supervisionand
coordination of the WORK.
13. CHANGES INIIWORK
13.1 The OWNER may at. •any time, as the need arises, order changes, within the
' scope of the WORK without invalidating the Agreement. If such changes
increase or decrease the amount due under the CONTRACT DOCUMENTS, or in
the time required for performance of the WORK, an equitable adjustment
shall be authorized by CHANGE ORDER.
13.2 The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make
I. changes inthe details of the WORK. The CONTRACTOR shall proceed with
the performance of any changes in the WORK so ordered by the ENGINEER.
unless thek CONTRACTOR believes that such FIELD ORDER entitles the
.' CONTRACTOR to a change in CONTRACT PRICE or TIME, or both, in which
event the (CONTRACTOR shall give the ENGINEER WRITTEN NOTICE thereof.
within seven l (7) days after the receipt of the ordered change.
' Thereafter the CONTRACTOR shall document the basis for the change in
CONTRACT PRICE or TIME within thirty (30) days. The CONTRACTOR shall
not executesuchchanges pending the receipt of an executed CHANGE ORDER
or furtherjinstruction from the OWNER.
14. CHANGES IN CONTRACT PRICE
14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value of
any WORK covered by a CHANGE ORDER or of any claim for increase or
decrease in the CONTRACT Price shall be determined by one or more of
the following methods in the order of precedence listed below:
' (a) Unit prices previously approved.
(b) An agreed lump sum.
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I
15. TIME FOR.COMPLETION AND LIQUIDATED DAMAGES
I15.1 The date of beginning and the time for completion of the WORK are
essenitial conditions of the CONTRACT DOCUMENTS and the WORK
embraced shall be commenced on a date specified in a written NOTICE.
TO PROCEED.
' 15.2 The CONTRACTOR wilI proceed with the WORK at such a rate of.
progress to insure full completion within the.:CONTRACT TIME. It
is. expressly understood and agreed, by and between the CONTRACTOR
' and the OWNER, that the CONTRACT TIME for the completion of the
WORK � described herein is a reasonable time, taking into
consideration the average climatic and economic conditions' and
' otherifactors prevailing in the locality of the WORK.
15.3 If thIe CONTRACTOR shall fail to complete the WORK within the
' CONTACT TIME,. or extension of time granted by the OWNER, then the
CONTRACTOR will pay to the OWNER the amount, for liquidated damages
as specified in the BID for each calendar day that the CONTRACTOR.
.shallR be in default after the time stipulated in the CONTRACT
DOCUMENTS.
I.
15.4 The CONTRACTOR shall not be charged with Liquidated damages or any
excess cost when the delay in completion of the WORK is due to the
following and the CONTRACTOR has promptly given WRITTEN NOTICE of
' suchdelay to the OWNER or ENGINEER.
15.4.1 To any preference, priority or allocation order duly issued by
• the OWNER,
15.4.2 To unforeseeable causes beyond the control and without the fault
or negligence of the CONTRACTOR, including but not restricted to,
acts of God, or of the public enemy, acts of the OWNER, acts of
another CONTRACTOR in their performance of a contract with the
owNER:H fires, floods, epidemics, quarantine restrictions,
• strikes, freight embargoes, and abnormal and. unforeseeable
'• weather; and
15.4.3 To any delays of SUBCONTRACTORs occasioned by any of the causes
' specified in paragraphs 15.4.1 and 15.4.2 of this article.
16. CORRECTIONOF WORK
16.1 The CONTRACTOR shall promptly remove from the premises all WORK
rejected by the ENGINEER for failure to comply with the CONTRACT
I. DOCUMENTS, whether incorporated in the construction or not, and the
CONTRACTOR shall promptly replace and reexecute the WORK in
accordance with the CONTRACT DOCUMENTS and without expense to the
' OWNER [and ..shall bear the expense of making good all WORK of other
CONTRACTORS destroyed or damaged by such removal or replacement.
' 16.2 All removal and replacement WORK shall be done at the CONTRACTOR'S
expense. .If the CONTRACTOR does not take action to remove such
I. L-10.
1 .H i
rejected WORK within ten (10) days after receipt of WRITTEN NOTICE,.
1. the OWNER may remove such• WORK and store the materials at the
expense of, the CONTRACTOR.
17. SUBSURFACE CONDITIONS
17.1 The CONTRACTOR shall promptly, and before such conditions are
'disturbed, except in the event of any emergency, notify' the OWNER
by WRITTEN NOTICE of:
17.1.1 Subsurface or latent physical conditions at the site differing
materially. from those indicated in the CONTRACT DOCUMENTS; or
I. 17.1.2 Unknown physical conditions at the site, of an unusual nature,
differing materially from those ordinarily encounteredand
generally recognized as inherent in WORK of the character provided
for in the CONTRACT DOCUMENTS.
17.2 The OWNER shall promptly investigate the conditions, and if it
found that such conditions do so materially differ and cause an.
I. increase or decrease in the cost of, or in the time required for,
performance of the WORK, an equitable adjustment shall be made and
the CONTRACT DOCUMENTS shall be modified by,a CHANGE ORDER. Any
claim of the CONTRACTOR for adjustment hereunder shall not, be
allowed unless the required WRITTEN NOTICE has been given; provided
that the OWNER may, if the OWNER determines the facts so justify,
consider and adjust any such claims. asserted before the date of
final 'payment.
18. SUSPENSIONOF WORK, TERMINATION, AND DELAY
18.1 The OWNER may suspend the WORK or any portion thereof for a period
of not more than ninety days or such further time as agreed upon
by the CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the
• ENGINEER which shall fix the date on which WORK shall be resumed.
The CONTRACTOR will resume that WORK on the date so fixed. The
CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an
extension of the CONTRACT TIME, or both, directly attributable to
any suspension.
18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or makes a
general assignment for the benefit of its creditors, or if a
'
trustee or receiver is appointed for the CONTRACTOR or for any of
its property, or if CONTRACTOR files a petition to take advantage
of any debtor's act, or to reorganize under the bankruptcy or
t applicable laws, or repeatedly fails to supply sufficient skilled
workmen or suitable materials or equipment, or repeatedly fails to
make prompt payments to SUBCONTRACTOR or for labor, materials or
equipment or disregards laws, ordinances, rules, regulations or
orders of any public body having jurisdiction of the WORK or
disregards the authority of the ENGINEER, or otherwise violates any
'
provision of the CONTRACT DOCUMENTS, then the OWNER may, without
prejudice to any other right or remedy and after giving the
CONTRACTOR and its surety a minimum of ten (10) days from delivery
of a WRITTEN NOTICE, terminate
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the services of the CONTRACTOR and take possession of the PROJECT.
and of all materials, equipment, tools, construction equipment and
machinery thereon owned by the CONTRACTOR, and finish the.WORK by
whatever method the OWNER may deem expedient. In such case the
CONTRACTOR shall not be entitled to receive any further payment
until the WORK is finished. If the unpaid balance of the CONTRACT
PRICE exceeds the direct and indirect costs of completing the
PROJECT, including compensation for additional services, such
excess SHALL BE PAID TO THE CONTRACTOR. If such costs exceed such
unpaid balance, the CONTRACTOR will pay the difference to the
OWNER. Such costs incurred by the OWNER will be. determined by the
ENGINEER and. incorporated in a CHANGE ORDER.
18.3 Where the CONTRACTOR'S
OWNER; said termination;
against the CONTRACTOR
accrue. Any retention
CONTRACTOR will not re
DOCUMENTS.
services have been so
shall not affect any
then existing or whi
payment of monies by
lease from compliance
terminated by the
right of the OWNER
ch may thereafter
the OWNER due the
with the. CONTRACT
18.4 After, ten (10) days from delivery of a WRITTEN NOTICE to the
CONTRACTOR and the ENGINEER, the OWNER may, without cause and
without prejudice to any.other right or remedy, elect to abandon
the PROJECT and terminate the CONTRACT. In such case the
CONTRACTOR shall be paid for all WORK executed and any expense
sustained plus reasonable profit.
18.5 If, through no act or fault of the CONTRACTOR, the WORK is
suspended for a period of more than ninety (90) days by the OWNER
or under an order of court or other. public authority, or the
ENGINEER fails to act on any request for payment within thirty (30),
days after it is submitted, or the OWNER fails to payS the
CONTRACTOR substantially the sum approved by the ENGINEER or
.awarded by arbitrators within thirty (30) days of its approval and
presentation, then the CONTRACTOR may, after ten (10) days from
delivery of a WRITTEN NOTICE to the OWNER and the ENGINEER
terminate the CONTRACT and recover from the OWNER payment for all
WORK executed and all expenses sustained. In addition and in lieu
of terminating the CONTRACT, if the ENGINEER has failed to act on
a request for payment or if the OWNER has failed to make any
payment as aforesaid, the CONTRACTOR may upon ten (10) days written
notice to the OWNER and the ENGINEER stop the.WORK until paid all
amounts then due, in which event and upon resumption of the WORK
CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or
extending the CONTRACT TIME or both to compensate for the costs and
delays attributable to the stoppage of the WORK.
18.6 If the performance of a
delayed, or interrupted
ENGINEER to act within
• CONTRACT PRICE or an ext
• be made by CHANGE ORDER
and delays necessarily
ENGINEER.
I or any portion of the WORK is suspended,
as a result of a failure of the OWNER or
a reasonable time, an adjustment in the
ension of the CONTRACT TIME, or both, shall
to compensate the. CONTRACTOR for the costs
caused . by the failure of the OWNER or
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19. PAYMENT TO CONTRACTOR
•19.1 At least ten (10) days before each progress payment falls due (but
not more often than once a month), the CONTRACTOR will submit to
the ENGINEER a partial payment estimate filled out and signed by•
the CONTRACTOR covering the WORK performed during the period
covered by the partial payment estimated and supported by such data
M as the ENGINEER may reasonably require. If payment is requested
on the basis of materials and equipment not incorporated in the
- WORK 'but delivered and suitably stored at or near the site, the
partial payment estimate shall also be accompanied by such,
' supporting data, satisfactory to the OWNER, as will establish the
OWNER'S title to the material and equipment and protect the OWNER'S
interest therein, including applicable insurance. The ENGINEER
will, within ten (10) days after receipt of each partial payment
estimate, either indicate in writing approval of payment, and
present the partial payment estimate to the OWNER, or return the
partial payment estimate to the CONTRACTOR indicating in writing.
the reasons for refusing to approve payment. In the latter case,
' the CONTRACTOR may make the necessary corrections an resubmit the
partial payment estimate. The OWNER will, within ten(1O)days of
presentation of an approved partial payment estimate, pay the
' CONTRACTOR a progress payment on the basis of the approved partial.
payment estimate less the retainage. The retainage shall be an
amount equal to 10% of said estimate until 50% of the work has been
completed. At 50% completion, further partial payments shall be
made in full to the CONTRACTOR and no additional amounts may be.
retained unless the ENGINEER certified that the job is not
' proceeding satisfactorily, but amounts previously retained shall
not be paid to the CONTRACTOR. When the WORK has been
substantially completed except for WORK which cannot be completed
' because of weather conditions, lack of materials, or other reasons
which in the judgement of the OWNER are valid reasons for
noncompletion, the OWNER may make additional payments, retaining
' at all time an amount sufficient to cover the estimated cost of the
WORK still to be completed.
19.2 The request for payment may also include an allowance for the cost
of such major materials and equipment which are suitably stored
either at or near the site.
19.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the approval of
the ENGINEER and with the concurrence of the CONTRACTOR, may use.
any completed or substantially completed portions of the WORK.
' Such use shall not constitute an acceptance of such portions of the
WORK.
' 19.4 The. OWNER shall' have the right to. enter .the premises for the -
purpose of doing work not covered by the CONTRACT DOCUMENTS. This
U. provision shall not be construed as relieving the CONTRACTOR of the.•
sole responsibility for the care and protection of the WORK, or the
restoration of any damaged WORK except such as may be caused by
agents or employees of the OWNER.
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19.5 Upon •completion and acceptance. of the WORK, the ENGINEER shalt•
issue'a certificate attached to the final payment request that the
WORK has been accepted under the conditions of the CONTRACT
• DOCUMENTS. The entire balance found to. be due the CONTRACTOR,.
including the retained percentages, but except such sums as maybe
lawfully retained by the OWNER, .shaII be paid. to the CONTRACTOR.
within thirty (30) days o.f completion and acceptance of the WORK.
19.8 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S
agents harmless from all claims growing out of the lawful demand
of SUBCONTRACTORS, laborers, workmen, mechanics, materialmen, and
.furnishers of machinery and parts thereof, equipment, tools, and
all supplies, incurred in the furtherance of, the performance of the
WORK. The CONTRACTOR shall, atthe OWNER'S request, furnish.
satisfactory evidence that all obligations of the nature designated
• above have been paid, discharged; or waived. If the CONTRACTOR
fails to do so the OWNER may, after having notified the CONTRACTOR,
either pay unpaid bills or withhold from the CONTRACTOR'S unpaid
compensation a sum of money deemed reasonably sufficient to pay any
and all such lawful claims until satisfactory evidence is furnished
that all liabilities, have been fully discharged whereupon payment
to the CONTRACTOR shall be resumed in accordance with the terms of•
the CONTRACT DOCUMENTS, but in no event shall the provisions of
this sentence be construed to impose any obligations upon the OWNER.
to either the CONTRACTOR, the CONTRACTOR'S Surety, or any third
party. In paying any unpaid bills of the CONTRACTOR, any payment
so made by the OWNER shall be considered as a payment made under
the CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER
shall not be liable to the CONTRACTOR for any such payments made
in good faith.
19.7 If the OWNER fails to make payment thirty (30) days after approval
by the ENGINEER, in addition to other remedies available to the
CONTRACTOR, there shall be added to each such payment interest at
the maximum legal rate commencing on the first day after said
payment is due and continuing until the payment is received by the
CONTRACTOR.
20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE
20.1 The acceptance by the CONTRACTOR of final payment shall be and
shall 'operate as a release to the OWNER of all claims and all
liability to the CONTRACTOR other than claims in stated amounts as,
may be specifically expected by the CONTRACTOR for all things done
or furnished in connection with this WORK and for every act and
neglect of the Owner and other related to arising out of this WORK.
Any payment, however, final or otherwise, shall not release the
CONTRACTOR or its sureties from any obligations under the CONTRACT
DOCUMENTS or the Performance and Payment BONDS.
21. INSURANCE
21.1 the CONTRACTOR shall purchase and maintain such insurance as will
protect it from claims set forth below which may arise out of, or
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result from, the CONTRACTOR'S execution of the WORK, whether such
' execution by the CONTRACTOR, any SUBCONTRACTOR, or. by anyone
directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable.
21.1.1 Claims under workmen's compensation, disability benefit and other
similar employee benefit acts;
21.1.2 Claims for damages because of bodily injury, occupational'
sickness or disease., or death of employees;
' 21.1.3 Claims for damages because of bodily injury, sickness or disease,
or death of any person other than employees;
' 21.1.4. Claims for damages insured by usual personal injury.liab-ility.
coverage which are sustained (1) by any person as a result of an
' offense directly or indirectly related to the employment of such.
person by the CONTRACTOR, or (2) by any other person; and
• ' 21.1.5 Claims for damages because of injury to or destruction of
tangible property, including loss of use resulting therefrom.
I. 21.2 Certificates of Insurance acceptable to the OWNER shall be filed
with the OWNER prior to commencement of the WORK. .These
Certificates shall contain a provision that coverages afforded
' under the policies will not be cancelled unless at least fifteen
(15) days prior WRITTEN NOTICE has been given to the OWNER.
21.3 the CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own
expense during the CONTRACT TIME; liability insurance as
hereinafter specified:
21.3.1 CONTRACTOR'S General Public Liability and Property Damage
Insurance including vehicle coverage issued to the CONTRACTOR and
protecting the CONTRACTOR from all claims for personal injury,
including death, and all claims for destruction of or damage to
property, arising out of or in connection with any operations under.
the CONTRACT DOCUMENTS, whether such operations be by the
CONTRACTOR or by any SUBCONTRACTOR employed by the CONTRACTOR or•.
anyone directly or indirectly employed by the CONTRACTOR or by a
SUBCONTRACTOR employed by the CONTRACTOR. Insurance shall be
written with a limit of liability of not less than $500,000.00 for
all damages arising out of bodily injury, including death, at any
time resulting therefrom, sustained by any one person in any one
accident; and a limit of liability of not less than $500,000
aggregate for any such damages sustained by two or more persons in
any one accident. Insurance shall be written with a. limit of
liability of not less the $200,000.00 for all property damage
sustained by two or more -persons in any -one accident.
21.3.2 The CONTRACTOR shall acquire and maintain,•if applicable, Fire
and Extended Coverage insurance upon the PROJECT to the full
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' insurable value thereof for the benefit of the .OWNER, the
CONTRACTOR, and SUBCONTRACTORS as their interest may appear. This
provision shall in no way release the CONTRACTORor CONTRACTOR'S
�. surety from obligations under the CONTRACT DOCUMENTS to fully
•complete the PROJECT.
21.4 The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own
• expense, during the CONTRACT TIME, in accordance with the
provisions of the laws of the state in which the WORK is performed,.
' Workmen's Compensation Insurance, including occupational disease.
provisions, for all of the CONTRACTOR'S employees at the site of
the PROJECT and in case any WORK is sublet, the CONTRACTOR shall
require such SUBCONTRACTOR similarly to provide Workmen's
Compensation Insurance, including occupational disease. provisions
for all of the latter's employees unless such employees are covered
by the protection afforded by the CONTRACTOR.. In case any class
of employees engaged in hazardous work under this .contract at the
• site bf the PROJECT, is not protected under Workmen's Compensation
' statue, the CONTRACTOR shalI provide, and shalI cause .each.
SUBCONTRACTOR to provide, adequate and suitable insurance for the
• protection of its employees not. otherwise protected.
' 21.5 The CONTRACTOR shall. secure, if applicable, "all Risk' type
Builder's Insurance for WORK to be performed. Unless specifically:
authorized by the OWNER, the amount of such insurance shall not be :•
less than the CONTRACT PRICE totaled in the BID. The policy shall
• cover" not less than the losses due to fire,. explosion, hail,
• lightning, vandalism, malicious mischief wind, collapse, riot,
• aircraft, and smoke during the CONTRACT TIME, and until the WORK.
is accepted by the OWNER. The policy shall name as the insured the
I. CONTRACTOR, and the OWNER. •
22. CONTRACT SECURITY
22.1 The CONTRACTOR shall within ten (10) days after the receipt of a
written NOTICE OF AWARD furnish the OWNER with a Performance BOND.
I. and a payment BOND. in penal sums equal to the amount of the
CONTRACT PRICE, conditioned upon the performance by the CONTRACTOR
of all undertakings, covenants, terms, conditions and agreements
' of the CONTRACT DOCUMENTS, and upon the prompt payment by the
• CONTRACTOR to all persons supplying labor and materials in the
prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such
' BONDS, shall be executed by the CONTRACTOR and a corporate bonding
company licensed to transact such business in the sta-te in which
the WORK is to be performed and named on the current list of
"Surety Companies Acceptable on Federal Bonds" as published in the
Treasury Department Circular Number 570. The expense of these
BONDS shall be borne by the CONTRACTOR. It any time a surety on
t any such BOND is declared a bankrupt or loses its right to do
business in the state in which the WORK is to be performed or is
removed from the list of "Surety Companies Acceptable on Federal
' Bonds", the CONTRACTOR shall within ten (10) days after notice from
the OWNER to do so, substitute an acceptable BOND (or BONDS) in
such form and sum and signed by such other surety or sureties as
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24.
may be satisfactory to as may be satisfactory to the OWNER. The
premiums on such BOND .shall be paid by the CONTRACTOR. No further
payment shall be deemed due nor shall be made until the new surety
or sureties shall have furnished an acceptable BOND to the OWNER.
ASSIGNMENTS'
23..1 Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign,
or otherwise dispose of. the CONTRACT.or any portion thereof, or of
any right, title or interest therein, or any obligation thereunder,
without written consent of the other party.
INDEMNIFICATION
24.1 The CONTRACTOR will indemnify and hold harmless the.OWNER and the
ENGINEER and their agents and employees from and against all
claims, ,damages, losses and expenses including attorney's fees
arising out of or resulting from the performance of the WORK;
provided that any such claims, damage, loss or expense is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property including the loss
of use resulting therefrom; and is caused in whole or in part by
any negligent or willful act or omission of the CONTRACTOR, and
SUBCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable.
24.2 In any and all claims against the OWNER or the ENGINEER, or any of
their agents or employees, by any employee of the CONTRACTOR, any
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SUBCONTRACTOR, anyone directly or indirectly employed by any of.
them, or anyone for whose acts any of them may be liable, the
indemnification obligation shall not be limited in any way by any
I imitation on the amount or type of damages, compensation or
benefits payable by or for the CONTRACTOR or any SUBCONTRACTOR
under workmen's compensation acts, disability benefit acts or other
employee benefits acts.
24.3 The obligation of the CONTRACTOR under this paragraph shall not
exceed to the liability of the ENGINEER, its agents or employees
arising out of the preparation or approval of maps, DRAWINGS,
opinions, reports, surveys, CHANGE ORDERS, designs or
SPECIFICATIONS.
25. SEPARATE CONTRACTS
25.1 The OWNER reserves the right to let other contracts in connection
with this PROJECT. The CONTRACTOR shall afford other CONTRACTORS
reasonable opportunity for the introduction and storage of their
materials and the execution of their WORK, and shall properly
' connect and coordinate the WORK with theirs. If the proper
execution or results of any part of the CONTRACTOR'S WORK depends
upon' the WORK of any other CONTRACTOR, the CONTRACTOR shall inspect
and promptly report to the ENGINEER any defects in such WORK that
render it unsuitable for such proper execution and results.
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25.2 The.OWNER may perform additional WORK related to the PROJECT or the
OWNER may let other contracts containing provisions similar to
these. ..The CONTRACTOR willafford the other CONTRACTORS who are
parties to such Contracts (or the OWNER if the OWNER it performing
f , the additional WORK) reasonable opportunity for the introduction
and storage of materials and equipment and the execution of WORK,
and shall properly connect and coordinate the WORK with others.
25.3 If-the,.performance of additional WORK by other CONTRACTOR or the.
OWNER is not noted in the CONTRACT DOCUMENTS prior to the execution
' of the CONTRACT, written notice thereof shall be given to the
CONTRACTOR prior to starting any such additional WORK. If the
CONTRACTOR believes that the performance of such additional WORK
' .by the OWNER or other involves in it, additional expense or entitles
it to an extension of the CONTRACT TIME, the CONTRACTOR may make
a claim thereof as provided in Section, 14 and 15. -
i 26. SUBCONTRACTING
26.1 The CONTRACTOR may utilize the services of specialty SUBCONTRACTS
on those parts of the• WORK which, under normal contracting
practices, are performed by specialty SUBCONTRACTORS.
26.2 The CONTRACTOR shall not award WORK to SUBCONTRACTOR(S), in excess
of fifty (50%) percent of the CONTRACT PRICE, without prior written
approval of the OWNER.
•26.3 The CONTRACTOR shall be fully responsible to the OWNER for the acts
and omissions of its SUBCONTRACTORS, and of persons either directly
or indirectly employed by the, as the CONTRACTOR is for the acts
and omissions of persons directly employed by it.
26.4 The CONTRACTOR shall cause appropriate provisions to be inserted
in all subcontracts relative to the WORK to. bind SUBCONTRACTORS to:
the CONTRACTOR by the terms of the CONTRACT DOCUMENTS insofar as
applicable to the WORK of SUBCONTRACTORS and give the CONTRACTOR
the same power as regards terminating any subcontract that. the
owner may exercise over the CONTRACTOR under any provision of the
CONTRACT DOCUMENTS.
26.5 Nothing containing in this CONTRACT shall create any contractual
relation between any SUBCONTRACTOR and the OWNER. • 27. ENGINEER'S. AUTHORITY
27.1 The ENGINEER shall act as the OWNER'S representative during, the
construction period, shall decide questions which may arise as to
quality .and acceptability of materials furnished and WORK
performed, and shall interpret the intent of the CONTRACT DOCUMENTS
' in a ''fair and unbiased manner. The ENGINEER will make visits to.
the site and determine if the WORK is proceeding in accordance with
the CONTRACT DOCUMENTS:
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27.2 the CONTRACTOR will be held strictly to the intent of the CONTRACT
' DOCUMENTS in regard to the quality of materials, workmanship, and
execution of the WORK. Inspections may be at the factory or
• fabrication plant of the source .0? material supply.
• i 27.3 The ENGINEER will not be responsible for the construction means,
controls, techniques, sequences, procedures, or construction
'safety.
27.4 the _ENGINEER shall promptly make decisions relative to
' interpretation of the CONTRACT DOCUMENTS.
28. LAND AND RIGHTS -OF -WAY .
28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all.
land and rights -of -way necessary for carrying out and for the
completion of the WORK to be performed pursuant to the. CONTRACT
DOCUMENTS, unless otherwise mutually. agreed.
28.2 The OWNER. shall provide to the CONTRACTOR • .information which
delineates and describes the lands owned and rights -of -way
acquired..
28.3 The CONTRACTOR shall provide at its own expense and .without
liability to the OWNER any additional land and access thereto that
the CONTRACTOR may desire for temporary construction facilities,
or for storage of materials.
29. GUARANTEE
29.1 The CONTRACTOR shall guarantee all materials and equipment
furnished and WORK performed for a period of one (1) year from the
date of SUBSTANTIAL COMPLETION. The CONTRACTOR warrants and
guarantees for a period of one (1) year from the date of
SUBSTANTIAL COMPLETION of the system that the completed system is
free from all defects due to faulty materials or workmanship and
the CONTRACTOR shall promptly make such corrections as may be
necessary. by reason of such defects including the repairs of the
damage of other parts of the system resulting from such defects.
The OWNER will give notice of observed defects with reasonable
promptness. In the event that the CONTRACTOR should fail to make
such repairs, adjustments, or other WORK that•may be made necessary
by such defects, the OWNER may do so and charge the CONTRACTOR the
cost thereby incurred. The Performance BOND shall remain in full
force, and effect through, the guarantee period.
30. ARBITRATION
30.1 All claims, disputes, and other matters in question arising out of,
or relating to, the CONTRACT DOCUMENTS or the breach. thereof,
except for claims which have been waived by the making an.
acceptance of final payment as provided by Section 20, shall be
decided by arbitration in accordance with the Construction: Industry.
Arbitration Rules of the American Arbitration Association. This
agreement to arbitrate shall
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be specifically enforceable under the prevailing arbitration law.
The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in any court having jurisdiction thereof.
30.2 Notice of the demand for arbitration shall be filed in writing with
the owner party to the CONTRACT DOCUMENTS and with the American
Arbitration Association, and a copy shall be filed with ENGINEER.
Demand for arbitration shall in no event be made on any claim,
dispute, or other matter in question which would be barred by the
applicable statute, of limitations.
30.3 The CONTRACTOR will carry on the WORK and maintain the progress
schedule during any arbitration proceedings, unless otherwise
mutually agreed in writing.
TAXES
31.1 The CONTRACTOR will pay all sales, consumer, use, and other similar
taxes required by the laws of the place where the WORK: is
performed.
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SPECIAL CONDITIONS
GENERAL DESCRIPTION OF WORK. The work to be performed under this
Contract consists of the furnishing of. all materials, equipment,
.tools, supplies, and the performance of all necessary labor
required to construct the work as follows:
Clearing and grubbing of area to be affected; excavation and.
backfill for curband gutter construction; excavation and
filling to shape ditches and back slopes; curb, and gutter
• construction; HMAC leveling/filler course construction;
polyproplyene. fabric laydown; HMAC surface course
• construction; backfilling and finalshaping of unpaved areas;
•
and application of topsoil with seeding and mulch.
SEQUENCE OF. THE WORK. The work shall be carried, on as desired by
the Contractor, subject to the approval of the Engineer and Owner.
Immediately after execution and delivery of the. contract, and
before the; first partial payment is made, the Contractor shall
deliver.to'the Engineer an estimated construction progress schedule.
.in form sa'Itisfactory to the Engineer,. showing the proposed dates
of commencement and completion of each of the various subdivisions
• of work required under the' Contract Documents.
• MAINTENANCE OF TRAFFIC.. Unless otherwise provided, the road while
undergoing improvements shall be kept open to all traffic by the
Contractor. When approved by the Engineer and Owner, the Contractor
may bypasstraffic over an approved detour route. The Contractor
shall keep the, portion of the project being used by public traffic,
whether it�is through• or local traffic, in such condition that will
permit the safe, continuous flow of two-way traffic at all times.
When approved by the Engineer, areas where the nature of the work
,restricts or prohibits two-way flow, one-way operation may be
maintained', by the use of flagmen or timed signalization; The
Contractor, shall also provide and maintain in a safe condition
temporary approaches or crossings and intersections with trails,
• roads, streets, businesses, parking lots, residences garages, and
farms. The Contractor shall bear all expense of maintaining traffic
over the section of road undergoing improvement and of constructing
and maintaining such approaches, crossings, intersections, and
other features as may be necessary, without direct compensation.
LIMITATION,OF OPERATIONS. The Contractor shall conduct the work at
all times in such a manner and in such sequence as will assure the
least interference with traffic. He shall have due regard to the
location of detours and to the provisions for handling traffic. He
shall not open up work to the prejudice or detriment of work
already. started. The Engineer may require the Contractor to finish
a section on which work is in progress before work is started on
any additional sections if the opening of such section is essential
•to public convenience.
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UTILITY SERVICES. Throughout the area to be improved there are
located utility services, some of which may require possible
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relocation;. It. shall be the Contractor's responsibility to assist
the owners, of the various utilities in the locating of water mains
I. and service lines and meters, gas mains and service lines and
meters, and telephone andpower lines that may require relocation.
If in the opinion of the utility owner any of these facilities need
' relocation then the relocation of the same will be done by the
owner of the utility. The Contractor shall cooperate with the
= owners ofI. the various utilities during the relocation of the
' facilities ' so that the owners of the utilities will have adequate
time and working room to relocate the facilities. The Contractor
will be responsible for the repairs or cost of repairs to any and
all types Lot utility improvements that may be damaged by the
Contractor's. actions.
VERIFICATION OF CONDITIONS. Data concerning surface features,
present obstructions on or near the construction site, and
locations of pipes, wires, etc. has been obtained from sources the
Engineer believes reliable, but accuracy of such data is not
guaranteed,°and is furnished solely for the accommodation of the
= Contractor. Use of•such data is made at the Contractor's risk and
I. no additional allowance will be granted because of the Contractor's
lack of knowledge of existing conditions. The Contractor shall be
responsible for the verification of all measurements shown on the
drawings and/or the new construction on the premises.
FIELD OFFICE AND SANITARY FACILITIES. The Contractor will not be
•
' required to maintain a field office for himself or the Engineer;
however, the Contractor or the person authorized to represent him,
= shall have available at all times copies of the Contract Documents.
' Sanitary facilities will be required as necessary to conform with
City, County, and State ordinances and regulations.
EMERGENCY WORK.. The Contractor shall have an authorized
representative available during all periods, day or night, when
normal work operations are not in progress, who will be responsible
for any emergency repairs due to settlement, barricades, lights,
etc. The Contractor shall provide the name, address, and telephone
number of this authorized representative in writing to the Engineer
and City Street Superintendent of the City of Fayetteville prior
to beginning any work on the project.
PAVEMENT REMOVAL AND REPLACEMENT. Where surfaced streets, walks,
drives, orparking areas are cut, removed, or damaged in the
execution of the work, the Contractor shall replace all pavements
or other surfaces so removed or damaged to their original, or
better, state and condition, to the satisfaction and approval of
the Engineer.
SC -2
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EASEMENTS ON PRIVATE PROPERTY. The necessary permanent sand
.temporary easements for the construction will. be provided by the
•Owner.
The Contractor shall be responsible for all damage to property
outside of the boundaries of the easements and. shall make.
satisfactory settlement for the damage directly with the property
owner and/or tenant involved, as their interests ma.y require.
If it_ is necessary or desirable that the Contractor use or occupy
land outside of the Owner's easements, the Contractor shall obtain
consent from and shall execute a written agreement with, the owner
and tenant. of the land. Each owner and tenant of land to other
.property so occupied shall be notified by the Contractor not less
than five (5) days prior to such occupation.
REMOVAL. AND DISPOSAL OF STRUCTURES. The work shall consist of the
removal and satisfactory disposal of curb and curb and gutter;
Portland cement or asphaltic concrete driveways, parking areas,
sidewalks •and steps, and concrete. pavement; existing fence,
retaining walls, manholes, catch basins, and underground storage
tanks; all', of which are not designated or permitted to remain and
are not designated to be removed and disposed of under other
sections of the specifications. Salvaged materials will become the
:property of the Contractor.
All surface items such as curb or curb and gutter, driveways,
parking areas, walks, steps, pavement, and walls shall be separated
or broken away from the adjacent part of the structure designated
to remain in place, by a vertical cut along the line designated by
the Engineer. The edge of the structure left in place shall be
approximately vertical with no abrupt changes in alignment. Any
damage or removal of the structure designated to remain in place
shall be repaired or replaced by the Contractor at his expense.
IThe method lot
the units of
plans. If the
Form for a
subsidiary to
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measurement of each item will be in accordance with
measure hereinafter specified or as shown on the
re is no contract unit price provided in the Proposal
particular item of work, it shall be considered
other contract items.
REMOVING OLD CULVERTS. This item shall consist of removing, in
whole or iin part, all old culverts, including bridge length
culverts, encountered on the project not designated on the plans
or directed by the Engineer to remain, or the filling of old
culverts as called for; together with the salvaging, storing, and.
disposing ;of all materials removed, and the backfilling and
compacting'of all resulting trenches in conformity with the plans
and in accordance with these specifications.: Salvaged materials
will become the property of the Contractor.
SC -3
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When the item "Removing Old Culverts". is not included in the
Proposal Form, no direct payment will be made, but such work shall
be considered subsidiary to other contract items.
REMOVAL AND REPLACEMENT. OF SIGN, MAILBOXES, ETC. All signs,
mailboxes, etc. which are in the street construction limits shall
' be removed and replaced behind the proposed cub and gutter by the
Owner so as not to interfere with the work. Temporary movable
supports shall. be furnished for mailboxes that cannot be placed in
I,I ' their final locations.
UNDERCUTS. If unstable or unacceptable material is encountered
during the preparation of the subgrade, the designated grade will
, be undercut as directed by the Engineer and suitable material
placed in the undercut area.. If suitable materials does not exist
Ion the site, then borrow or AHTD Class 7 base material may be
directed to be placed in the undercut area by the Engineer.
MANHOLES AND VALVE BOXES ADJUSTED TO GRADE. The Contractor shall
adjust the top elevation of existing manholes and valve boxes to
coincide with the finished grade as established after the placement
of the asphalt concrete hot mix overlay.
CONSTRUCTION STAKES. Any stakes removed, destroyed, or lost by and
' through fault of the Contractor or any of his agents, employees,
or subcontractors shall be replaced by the Engineer upon request
of the Contractor at the expense of the Contractor.
' CLEANUP. All work within the construction area shall be cleaned up
to the satisfaction of the Owner and the Engineer. In general,all
rocks, trash, or rubbish of any nature shall be removed from the
site of the work. The new streets shall be swept clean of mud,
dirt, and other materials.
I
Special attention shall be given to the cleanup, smooth grading of
the areas behind the curbing and sidewalks, and replacing driveways
Ito fit the new pavement grades.
FINAL INSPECTION AND PAYMENT. Upon completion of the work, a Final
' Partial Payment Estimate will be preapred and approved for final
payment after a final inspection of the work has been made. This
inspection shall be made by the Engineer, the Contractor or one of
t the principal owners of the contracting. firm, and a representative
of the City of Fayetteville. The final acceptance of the job and
the payment of the Contractor in full will not reduce the
continuing responsibility of the Contractor as set out in these
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specifications.
'H SC -4
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SPECIAL INSTRUCTIONS.
1. WATER. The Contractor shall furnish, at his own expense, all
water•'required in connection with the construction of this
project. The Contractor shall furnish all facilities for
securing, transporting and storing the water required by him.
The Contractor shall provide temporary drinking water
facilities for the convenient use of his employees. These
facilities shall be in accordance with the Board of Health
requirements and subject to the Engineer's approval.
2. WATCHMEN AND FLAGMEN. The Contractor shall, at all times from
the start of the work to the completion and acceptance o:f
same, furnish and maintain efficient watchmen to fully protect
the premises, work, materials, tools, workmen, etc., during
working hours and after working hours.
The Contractor shall maintain one lane of traffic at all times
• with barricades, signage and flagmen as required by the City
or Engineer.
3. REMOVAL OF UTILITIES. Temporary utilities of all kinds shall
• be removed promptly after their use has been discontinued.
4. STORAGE AND USE OF PREMISES. Materials shall be stored so as
to insure the preservation of their quality and fitness for
the work. When considered necessary, they shall be placed on
• wood platforms and covered, or stored in a suitable building.
Stored materials shall be located so as to facilitate prompt.
inspection.
5. EXPLOSIVES AND BLASTING. Explosives required for blasting
shall be of a suitable and acceptable character and the
quantity kept on the job and the storage of same shall be in
accordance with the State laws and the City ordinances. The
magazine or locker shall be so constructed as to be secure
from theft and kept locked at all times with the key in
possession of the Contractor or foreman. No explosives or caps
shall be stored in the common tool box or within two thunder
(200) feet of the nearest point of blasting. Proper appliances
and equipment shall be used for thawing frozen dynamite and
this shall not be done within two hundred (200) feet of.work
or any occupied building.
All blasting operations shall be conducted with the greatest
care and adequate means shalI be taken to prevent damage or
injury to property or persons. When working near dwellings,
the Contractor shall provide suitable covering of heavy
timbers to prevent the throwing of pieces of rock.
No blasting shall take place until the City, the Engineer and
all regulatory authorities have been notified.
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6. FIGURED DIMENSIONS. Figured dimensions given in the plans take
precedence over scaled measurements and shall be accurately
followed. The Contractor shall verify such dimensions and be
responsible for the correctness of same. Where dimensions are
not figured, no work shall be performed until instructions are
obtained from the Engineer as to dimensions to be used. Large
scale and full size drawings shall be followed in preference
U. to small scale drawings. No extra charge or compensation will
be allowed on account of differences between, figured
dimensions and scaled measurements indicated 'in the plans.
7. USE OF COMPLETED WORK PRIOR TO FINAL ACCEPTANCE. The Owner
shall have the right to take possession of and use any
completed or partially completed portions of the work,
notwithstanding that the time for completing the entire work
= or such portions may not have expired; but such taking
possession and use shall not be deemed as acceptance of any
work not completed in accordance with contract documents. If
such prior use increases the cost of or delays the completion
of unfinished work or causes refinishing of completed work
the Contractor shall be entitled to such extra compensation,
or extension of time, or both, as the. Engineer may determine.
When such possession and use is deemed necessary by the Owner,
written notice shall be given the Contractor ten (10) days
prior to such action by the Owner, subject to the approval of
the Engineer.
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SITE PREPARATION
CLEARING. This item shall consist of clearing, grubbing, removing,
and disposing of all trees, shrubs, culverts, curb and gutter,
sidewalks, driveways, parking area, signs, mailboxes, debris and
incidentals necessary for the construction of the drainage,
sidewalks, driveways and/or roadway and incidentals to the grades
and/or cross sections shown on the plans.. This work shall include
the preservation of vegetation and objects outside of the clearing
limits. Paint required for cut or scarred surfaces of trees or
shrubs to remain shall be furnished and applied in such a manner
as to avoid injury to other things or persons. A vertical cut shall
be made at the point where driveways, curb and gutters or other
structures are removed under this item. The Contractor shall be
responsible for all damage to private or publ ic.property outside
of City right-of-way or easements. Mail boxes and signs shall be
both temporarily and permanently relocated by contractor as
directed by Owner and/or Engineer.
All driveways .and parking lots shall be replaced with equal or
better materials to the grade required to create a uniform
transition between the existing drive and the new street grade.
EXCAVATION. AND EMBANKMENT. This item shall consist of excavation,
construction of embankment, and disposal of excess material. The
roadway shall be constructed in accordance with the specifications
and in reasonably close conformity with .the lines and grades shown
on the cross. sections.
Common Excavation: Common: excavation shall consist of all:
excavation not included as rock excavation.
Rock Excavation: Rock excavation shall consist of rock which
cannot be excavated without blasting and all boulders having
a volume of one cubic yard or more.
Construction Requirements: Excavation and embankment for the
roadway shall be finished to reasonably smooth and uniform
grades. No material shall be wasted without permission of the
Engineer. Prior to beginning of excavation, grading and
embankment operations, all necessary clearing and grubbing in
the area shall have been per.formed to the satisfaction of the
Engineer. Unless otherwise directed, rock excavation shall be
to a minimum of six inches below the sub -grade or slopes of
unsuitable material. The Engineer may require the Contractor
to remove the unsuitable materials and backfill to the
finished grade section with approved material. All excess or
unsuitable mater.ial that cannot be used in embankments shall
be disposed of as directed by the Engineer. Embankment
construction shall consist of preparation of the areas for
embankment location and placing and compacting the embankment.
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Only approved material shall be used in the construction of
embankments.. All sod and vegetable matter shall be removed
from the surface from which the embankment is. to be
constructed prior to. placing any embankment. The, cleared
• surface shall then be completely broken, up by plowing or
scarifying prior to placing the embankment. Each layer of
embankment shall be compacted and stable before the preceding
layer![is placed.. Compaction equipment used shall be suitable
to accomplish the required compaction in an efficient manner.
Embankment material shall be compacted to not less than 95%
of the maximum modified proctor density. If it is necessary.
to. adjust the moisture of the material, either by addition of
water or by drying, this shall be done at the Contractor's
expense at theprice bid.
SURFACE PREPARATION. All roadway surfaces to be overlaid shall.
.receive preparation as follows:
All weak areas shall be repaired with proper patches. The extent
of weak areas, those with excessive deflection, alligator cracks,
chuckholes, etc., shall be determined in the field by the Engineer
and marked. Those areas which are marked shall be repaired.
The Contractor shall remove the surfacing ar
alligatored area to the depth at which
occurred. In some instances, this will mean
grade under the .base will also have to
frequently°be noted at this stage of. the
contributing to the failure. If such is the
be made to remove the water.
id base material in the
the base fai lure has
that some of the sub -
be removed. It will
repair that water is
case, provision should
.In removing the base and surfacing, the excavation should be made
at least one foot outside of the perimeter of the cracked area.
This is in, order that the patch will be tied into solid material
all around the perimeter. If this is not done, alligator cracking
will appear again, later on, around the perimeter of the patch,
usually in an area about 6 inches to a foot wide all the way
around. `
In excavating material from the area to be patched, the cut faces
should be straight and vertical. The hole should be shaped so that
a square shoulder in the direction of traffic is provided against
which the patch can be placed.
Backfill the excavated area with a good granular base material,
compacted In layers if necessary. If a graded base material is not
-readily available, the backfill should be made with the most
suitable local material available. In some cases, where the area
to be patched is not too deep, the entire backfill can be done with
the mix material that will be used for the surfacing.
The Contractor shall prime the surface of the granular base that
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Replace the surfacing with an asphalt mixture. It is preferable
that this be the hot -mix material, but if none.•is available, cold -
mix can be used satisfactoriIy.Regardless of the material used,
each layer should be thoroughly compacted.ln repairing chuckholes,
�. the Contractor shall clear the chuckholes thoroughly by.brooming.
•.Shape the hole, if necessary, in order to provide a square shoulder
in the direction of traffic against which the patch can be placed.
The sides of the hole should be nearly vertical.Prime the chuckhole
with emulsion.
Fill the hole with a mixed material. If the hole is deep, the mix
should be placed in layers and compacted. Upon completion, the
compacted patch in the pothole should be approximately 1/8 inch to
1/4 inch above the level of the adjacent pavement.. The compaction.
• can be obtained by tamping or, where possible, by wheel -rolling the
• mix with the wheel of the truck from which the mix is taken.
After the 'Contractor has completed all patching required, the
surface shall be thoroughly cleaned and swept with •power brooms.
When the surface is distorted, construction of leveling/filling
courses •or' level ing wedges is required to restore proper line and
.cross section. Leveling courses are overlays of asphalt hot -mix
used to level sags and depressions in existing old pavement prior
to the surface overlay operation.
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• CRUSHED STONE BASE COURSE
SCOPE. This item shall consist of a foundation course for surface
• courses, :fFor other base courses, or for pavements. It shall be
constructed on the prepared sub -grade or other completed, base
course in accordance with these specifications and Section 306 of
the Standard Specifi.cations for Highway Construction, Arkansas
• State Highway Commission, Edition of 1988, and in substantial
conformity'with the lines, grades, compacted thickness, and typical
cross section shown on the plans.
MATERIALS.Crushed stone base material shall be Class• 7 in .
•conformitywith the gradation and hardness requirements as set
forth under Section 303 of the 1988 Edition of the Arkansas State
Highway Department Standard Specifications.
CONSTRUCTION METHODS. When base material is required and after the
sub -grade has. been accepted and approved by the Engineer; compacted
base material shall be installed at varying depths and widths. A
typical section for each street is shown on the plans. Crushed
I. stone base' material shall be compacted to 95% modified Proctor
'density. Compaction tests shall be conducted at reasonable
.intervals as determined by the Engineer and at the Contractor's
' expense. During the placement of the base material, the crushed.
stone shall be bladed and rolled to insure complete and proper
mixing and water shall be added as required to establish optimum
moisture for compaction of the material.
Water needed for mixing and compaction of the sub -grade and base
• will be made available by the City at the established bulk rate of
the City.
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' _CONCRETE CURB AND GUTTER
Concrete Curb and Gutter. Concrete curb. and• gutter shall be
' constructed, on suitable sub -grade material as shown on the plans.
3000 psi PC concrete with 6% entrained air shall be used.
Expansion joints shall be made at drop inlets, radius points and
at intervals not greater than 6.0 feet along the curb line. The
joint shall not be less than one-half inch thick and shall be
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filled with joint filler neatly trimmed to match the cross section
of the curb and gutter. Control joints shall be sawn at 20'
intervals and sealed wtih an elastomeric sealant.
Before construction starts, the Contractor shall furnish the
Engineer a certified batching schedule from his concrete supplier.
' This schedule will show the type and gradation of aggregate to be
used, the total pounds of aggregate, sand and cement1 and the
proposed gallons of water for each cubic yard of concrete to be
delivered.
The concrete shall be placed on sub -grade that has been watered
down, and shall be vibrated and spaded until the mortar is evenly
spread. The surface shall be finished smooth with rounded corners.
The curing of. the concrete shall be controlled in accordance with
the prevailing weather conditions at the time of the pour.Wet
burlap shall be placed and kept moist it so required by the
Engineer. Concrete will not be poured when the outside temperature
' is below 400 F. within four hours after the last batch is poured.
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PRIME AND TACK COATS
• MATERIALS. Prime coat material shall be Grade MC -30 or approved•
equal and tack coat material shall be Grade SS -1 or approved equal.
' Both materials shall meet the requirements of 1988 AHTD
specifications.
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CONSTRUCTION METHODS. The plans show the location of asphalt
overlays and new construction. Tack coat shall be applied to old
pavement at the rate of 0.10 gallons per square yard or more, as
directed by the Engineer. The prime coat shall be applied to
prepared base material at the rate of 0.25 gallons. per. square yard. •I H
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HMAC LEVELING/FILLER COURSE
• SCOPE. This item shall consist of a leveling/filler course composed
I of hot -mixed asphaltic concrete conforming to the requirements for
a Type 2 surface course, Section 406, AHTD 1988 Specifications. The
leveling course shall be placed. in •a single lift with minimum
I compacted thickness of one inch over existing pavements. The finish
• grade of the leveling course shall not extend above two inches
below finished grade. The areas of new construction between inside
I. face of gutter and existing pavement (2.5 feet minimum) shall be
filled with the same HMAC material from top of compacted crushed
stone base course to three inches below inside edge of gutter
finish grade. This material may be placed before or as a part of
• the leveling course.
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CONSTRUCTION METHODS. The HMAC shall be placed by a self-propelled
asphalt Ia;ydown machine equipped with an adjustable vibrating
screed, and of such size as will permit the laying of one-half
street width during each pass of the machine. Prior to placement
of the asphalt, the area shall be tacked with one application of
tack coat as previously specified. Asphalt placement shall be in
accordance with the General Specifications for that item.
Core samples shall be taken at such locations as the Engineer may
direct for the purpose of determining compacted density. The cost
of cutting the core samples, repairing the removed area, conducting
the laboratory tests to determine the compacted density, and all
other costs shall be at the expense of the Contractor.
The finished bituminous course shall be compacted to not less than
.I 92 percent of theoretical density. A mix design shall be submitted
to the Engineer for approval prior to use of any materials.
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POLYPROPYLENE FABRIC UNDERSEAL
SCOPE. This item shall consist of furnishing and placing a fabric
.underseal.;The fabric wit be placed over the entire project from.
inside edge of gutter to inside edge of gutter. Thefabric shall
•be AMOPAVE'4599 or approved equal.
MATERIALS. Thisprotective membrane system shall consist of a
.nonwoven polypropylene fabric sealed with asphalt cement as
specified below:
The fabric:shall be a needle punched, nonwoven polypropylene fabric
having thelfollowing minimum roll average properties:
• PROPERTY
TEST METHOD
UNITS
• Grab Tensile
ASTM-D-4632
90
lbs.
Grab Elongation
ASTM-D-4632
55%
• Mullen Burst
ASTM 3786
215
psi
• Puncture
ASTM-D-4833
60
lbs.
• Trapezoidal Tear
.ASTM-D-4533
35
lbs.
• UV Resistance
ASTM-D-4355*
70%**
• Asphalt Retention,
TX DOT 3099
.25
gal/y92
3.5
oz/ft
*Fabric conditioned as per ASTM-D-4355
**Percent of minimum grab tensile after conditioning.
The manufacturer of the fabric shall certify that the material
supplied to the project meets the specified material requirements:.
TACK COAT) Tack coat for polypropylene fabric shall meet the
.following requirements:.
MATERIAL GRADE AMBIENT TEMP 550 F- AMBIENT TEMP 550 F+
Asphalt Viscosity Grade AC -5 AC -20 or AC -40
Cement AC -10
AGGREGATE. Small quantities of washed concrete sand may be needed
to blot excess asphalt, or facilitate movement of construciton
equipment over the fabric during overlay. Small quantities of hot -
mixed asphalt concrete spread over the fabric will also seve this
purpose.
EQUIPMENT.r
A. Asphalt Distributor.
The
distributor must be
suitable
• metered and capable
of spraying
the asphalt sealant..at
a
• prescribed uniform
application
rate. No drilling or
skipping
should be permitted.
the Contractor
is required to
install
a,
satisfactory test
application
at an off -site area
to insure
proper equipment
performance.
The distributor should
be
equipped with a hand spray with
single nozzle and
positive
shutoff valve.
B. Fabric Lavdown Equipment. Mechanical laydown equipment must
be capable of handling full rolls of fabric,,and shall be
capable of laying the fabric smoothly, without excessive
wrinkles and/or folds. When manual laydown is required, a
length •of standard one inch pipe, together with suitable roll
tension devices, are required for property roll handling. The
supplier of the fabric shall provide such mechanical laydown
equipment and personnel to operate said equipment, along with.
the supervision necessary to insure adequate placement of the
materials.
C. Miscellaneous Equipment. Stiff bristle brooms to smooth the
fabric and scissors (or blades) to cut the fabric should be
provided. Under some conditions a pneumatic roller to imbed
the fabric into the asphalt sealant may be needed.
'CONSTRUCTION METHODS. The methods employed in performing the work
.and all equipment, tools, and machinery used for handling materials
and executing the work whall be subject to the' approval of the
Engineer. Equipment, tools, and machinery used shall be maintained
in a satisfactory working condition. Sufficient equipment shall be
available "so that the work may proceed in proper sequence to
completion without unnecessary delay.
A. Surface Preparation. The surface on which the fabric is'to.
be placed should be free of dirt, water and vegetation. Cracks
between 1/8 inch and 1/4 inch must be filled with a suitable
I. filler as directed by the Engineer. Larger cracks or holes are
to be repaired with slurry, cold or hot mix. In all cases a
-- leveling course is specified prior to placing the fabric.
B. Application of Sealant. The asphaltic sealant must be
uniformly spray applied at the specified rate. Quantity
specified will vary with surface condition of the existing
pavement (degree of porosity, for example) but will normally
be applied to the rate of 0.25 to 0.30 gallons per square yard
' (gsy).residual asphalt. At least 0.20 gsy residual asphalt,
under heat of the applied overlay, is absorbed by the fabric
alone': Within street intersections or other zones where
vehicle speed change is commonplace, it is good practice to
reduce the prescribed application rate by about 20 percent.
35-2
Application will be by distributor equipment wherever
' possible, with hand spraying kept to a minimum. Temperature
of the asphalt must be sufficiently high to permit a uniform
spray! pattern. For asphalt cements, the minimum recommended
' temperature. is 290° F. (NOTE: If the fabric is oversprayed,
distributor tank temperatures should not exceed 325° F. to
avoiddamage to the fabric).
The target width of the asphalt sealant application should be
fabric width, plus 2 to 6 inches. Asphalt drools or spills
should be cleaned from the road surface to avoid flushing and
possible fabric movement at these asphalt -rich areas.
The quantity of asphalt applied to the fabric is extremely
'
important. The object is to fully seal the membrane, but not
to use an excessive quantity which might cause a slippage
plane:
C. Fabric Placement. The fabric shall be placed into the
asphalt sealant with a minimum of wrinkles prior to the time
the asphalt has cooled and lost tackiness. The fabric, is
unrolled so that the bearded (fuzzy) side is unwound into the
sealant, "thus providing optimum bond between fabric and
pavement during the construction process.
.As directed by the Engineer, wrinkles severe enough to. cause
"folds" shall be slit and laid flat. Brooming will maximize
.fabric contact with the pavement surface. Small wrinkles which
flatten under compaction are not detrimental to performance.
Overlay of fabric joints should be minimal, although an
I. overlap of 1 to 3 inches is recommended to insure full closure
of the joint. Transverse joints should be "shingled" in the
direction of paving to prevent edge pick-up by the paver. As
directed by the Engineer, additional sealant of about 0.20 gsy
should be applied to fabric joints..
U D. Hot -Mix Overlay. Placement of the hot -mix overlay should
' closely follow fabric laydown. In the event that the sealant
bleeds through the fabric before the hot -mix is placed, it may
be necessary to blot the sealant by spreading sand or.hot-mix
over the affected areas. This will prevent any tendency for
construction equipment to pick up the fabric when driving over
it.
Most satisfactory laydown of the hot -mix can be accomplished
at temperatures. below 300° F. Temperature of the mix in. no
case should exceed 325° F. Turning of the paver and other
vehicles must be gradual to avoid movement or damage to the
membrane,
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SPECIAL CONSIDERATIONS. Ambient Temperatures. Air temperaturesI. .
during fabric installation should be warm enough to allow adequate
"tack" from the asphalt sealant to hold the fabric in place. The
minimum temperature for most asphalt cements will be approximately
500 F.
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HMAC SURFACE COURSE
SCOPE. Thilsitem shall consist of a surface course composed of a
compacted mixture of mineral .aggregate and.., asphalt cement
conformingto the requirements of Section 409. of the Standard
Specifications for Highway Construction, Arkansas State Highway
Commission;, Edition of 1988 for "Type 2". The surface. course shall
be constructed on the completed and accepted base. course or used
for building up or shaping the existing base course in accordance
with these specifications and in conformity with the lines, grades,
compacted ,thickness, and typical cross section shown on the plans.
The area shall be either primed or tacked prior to placement of the.
surface course.
•Work completed under this item shall be measured by the ton.in
place.
MATERIALS.' The hot -mix asphalt surface course shall conform in
composition to the weights and gradation of "Type 2" asphalt as set
forth under Section 406 of the 1988 Edition of the Arkansas State
Highway Department Standard. Specifications, using asphalt cement,
viscosity grade AC -30 or appropriate substitute meeting the
requirements of AASHTO M 226.
CONSTRUCTION METHODS. After placement of leveling/filler course and
polypropylene fabric, a two inch compacted thickness layer of HMAC
shall be. placed. The finish grade of the HMAC shall match inside
edge of gutter elevation. The asphalt shall be placed by a. self -
propel led lasphalt laydown machine equipped with an adjustable
• vibrating screed, and. of such size as will permit the laying of
one-half street width during each pass of the machine. Prior to
placement iiof the asphalt, the area shall be tacked with one
application of tack coat as previously specified. Asphalt placement
shall be in. accordance with the General Specifications for that
item.
Core samples shall be taken at such locations as the Engineer may
•direct for the purpose of determining compacted density. The cost
of cutting'the core samples, repairing the removed area, conducting
the laboratory tests to determine the compacted density, and all
other costs shall be at the expense of the Contractor.
The finished bituminous course shall be compacted to not less than
92 percent of theoretical density. A mix design shall be submitted
to the Engineer for approval prior to use of any material.
36-1
TOPSOIL. Topsoil shall consist of. material stripped and stockpiled
from the limits of roadway construction, if available, or of
satisfactoy material furnished by the Contractor. Topsoil shall
be free of all large rocks, excessive vegetative material, or other
• debris which would cause the topsoil to be unsuitable.
SEED. Seed shall be in conformance with Group I (based on the time
of application) as set out in Section 620 of the 1988 Edition of
• the Arkansas State Highway Department Standard Specifications.
STRAW MULCH. Straw mulch shall consist of good grade, weed -seed
• free, clean straw of a quality approved by the Engineer prior to
• use.
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• CONSTRUCTION METHODS. Before the placement of topsoil is commenced,
the area to be covered shall be bladed smooth and all rock.2 inches
and larger removed. The area shall then be lightly disked and the.
.topsoil placed to a thickness of approximately 4 inches. The
topsoil shall then be machine or hand raked to provide a uniform
surface.
Seeding and fertilizing shall be
620 of the Arkansas State
Specifications.
done in accordance with Section
Highway Department Standard
Straw
mulch shall
then be placed over areas
as directed by
the
Engineer
and shall
be uniformly spread as to
provide
a thickness
of approximately
2 inches when first spread
over
the area.
The
straw
mulch shall
be held in placeS by the
appl.icat
ion of
an
emulsified
asphalt
applied with a pressure sprayer
at the rate
of
approximately
.05
gallon per square yard.
The Contractor should note that all areas disturbed by the
construction behind the curb and gutter and drainage ditches are
to be topsoiled, seeded, fertilized and straw mulched.
WATERING. The specifications on seeding and sodding call for
certain regular applications of water. The City of Fayetteville has
available fire hydrants through which water may be purchased near
the individual streets.
There is no direct pay item for water. It shall be considered
subsidiary' to other items.
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STORM DRAINAGE
SCOPE. This specification shall consist'of the construction of all
storm sewers, pipe culverts, manholes, drop inlets, junction boxes,
and other appurtenances complete with all jointing materials.
PIPE:
a. Reinforced Concrete Pi.pe. The pipe may be either bell and.,
spigot, tongue and groove, or as specified on the plans. The
strength class shall be determined by. the D -load which
produces a0;01 -inch crack, and the ultimate load shall be
that specified for the appropriateclass of pipe.
(1) Circular pipe shall conform to ASTM C76.
(2) Arch shaped pipe shall conform to ASTM C506.
(3) Joints shall be composed of either cement mortar
(3 parts concrete sand to 1 part Portland cement)
or, cold applied preformed rubber gaskets unless
one type is specified on the plans.
Cold applied preformed rubber gaskets.shall
conform to ASTM C443.
When a primer is recommended by the manufacturer to
be used in connection with the rubber gasket, the
material in the primer shallcomply with the require-
ments as specified by the manufacturer.
b. Nonreinforced Concrete Pipe. The pipe may be either bell and
spigot, tongue and groove, or as specified on the plans. The.
pipe shall:conform to ASTM O14. Joints shall conform to those
above for reinforced concrete pipe.
c. Corrugated. Steel Pipe. The manufacture and furnishing of.
corrugated steel pipe shall be in accordance with AASHTO M 36
for galvanized pipe and AASHTO M 190 for coated pipe.
The pipe shall be formed from sheet conforming to AASHTO M
218, and the kind of base metal shall be designated on the
pipe.
Coupling bands shall be single -piece or two-piece corrugated
bands with bolts and angles. Neoprene gaskets shall be used
when designated on the plans.
HANDLING. Pipe, fittings, and accessories shall. be handled in a
manner that will insure their. installation in the work in sound,
undamaged condition. Hooks inserted in ends of pipe shall have
broad, well padded contact surfaces. Pipe and fittings shall not
be bumped or dropped. Pipe having premolded joint rings shall be
handled insuch a manner that no weight, including the weight. of
the pipe itself, will bear on or be supported by the spigot rings
38-1
at any time. Care shall be taken to avoid dragging the spigot ring
on the ground or allowing it to come in contact with gravel.,
' crushed stone, rocks or other hard objects. Joint rings which have
been damaged in any way will not be accepted and shall not be
incorporated in the work.
CLEANING. The interior of all pipe and fittings shall be thoroughly
cleaned of•all foreign matter before being installed and shall be
kept clean until the pipe has been jointed.
Every precaution shall be to prevent foreign material from
entering the pipe while it is being installed. No debris, tools,
• clothing, or other materials shall be placed in the pipe. No hooks
of any kind will be allowed to come in contact with the premolded
joint or interior of the pipe.
INSPECTION. Each piece of pipe shall be tested for defects, after
its delivery alongside the trench near the point of installation.
I. All defective, damaged, or unsound pipe and fittings shall be
rejected and removed from the site of the work.
All accepted pipe and fittings shall be suitably marked so that the
acceptance marks will be plainly visible after installation in the
trench and will not become effaced by weather or handling.
ALIGNMENT AND GRADE. Unless otherwise shown on the plans, all pipe
shall be laid straight between changes in alignment and at a
uniform grade between changes in grade. All lines shall be laid so
_ that each section between manholes will lamp.
The Contractor may use laser equipment to determine and check pipe
grades and alignment or shall erect substantial batter boards at
intervals of not more than fifty (50) feet. Batter boards and
"topline" shall be used to determine and check pipe subgrades. Not
less than three batter boards shall be maintained in proper
position at all times when trench grading is in progress. Each pipe
as laid shall be plumbed for line with a plumb bob and graded with
a grade tod for elevation.
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FORMING
BED FOR PIPE. Where the pipe
is to be laid
below the ground
line, a
trench shall be excavated
to
the required
depth and to the
minimum
width shown on the plans.
When bell
and
spigot pipe is
used, recesses shall be excavated
at
the be.Ils.•Unsuitable
material
in the
bottom of the trench
shall
be removed
and replaced with
'
bedding
material as shown
on the plans
and
compacted with
mechanical
equipment. In rock,
the trench
shall
be
excavated below
grade to the.depth as shown on
the plans,
backfiIled
with suitable
material,
and compacted with mechanical
equipment.
Where pipe is not laid in a trench, a bed of suitable material
shall be formed and thoroughly compacted in order to insure a firm
foundation for the pipe.
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. LAYING PIPE. Pipe shall be protected from lateral displacement by
means of pipe embedment material installed as. provided in the
I. trench backfill specification. Under no circumstances shall pipe
be laid in water, and no pipe shall be laid under unsuitable
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, and pipe not
making a good fit shall be removed.
The laying of pipe shall begin at the.lowest point, and. the pipe
' shall be. instal led so that the bell or groove ends of concrete pipe
and outside circumferential laps of corrugated metal pipe shall be
placed facing upstream.
BACKFILLING. Trench backfill above pipe embedment shall conform to
the following requirements: . .
"Compacted Backfill" shall be finely divided material free of
debris and organic material, but may contain rubble and
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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 at substantially
optimum moisture for that particular soil to a density of not
less than 95 percent of the maximum density as. obtained by
AASHTO T-99. Granular bedding material may be used as
I. compacted'backfill at the option of the Contractor.
Compacted backfill shall be required. beneath pavements, surfacing,
' driveways, curbs, gutters, walks; other surface construction .or
structures; or in road or highway shoulders 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,
shock, or impact will be imposed on the installed pipe which would
result in pipe injury or displacement.
I. Compact masses of stiff muck clay, gumbo, other consolidated
material, or stone more than one (1) cubic foot in volume shall not
be permitted to fall more than five (5) feet into the trench unless
' cushioned by at least two (2) feet of loose backfill above the pipe
embedment.
' No hard rock, stone, or boulder larger than eight (8) inches in its
greatest dimension shall be placed within eighteen (18) inches of
the top of the pipe. Large stones may be placed in the remainder
' of the trench backfill only in well separated and so arranged that
no interference with backfill compaction or settlement will result.
No rock greater than eight (8) inches in its greater dimension
I. shall be placed on the surface of the backfill except with the
specific permission of the Engineer in each case.
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' Additional backfilling may be necessary at a later date before
paving or :the surfacing is installed or completed. Trenches to.
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.
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• METHODS OF MEASUREMENT AND
BASIS OF PAYMENT
GENERAL
This section
will
specify the method
of ineasurethent and basis of
payment
for each
item as presented in
the bid
form. Any incidental
materials
or work
required to complete
project
construction not
listed
in the bid
form, will not be
cause
for extra charges and
will be
included
in the prices given
in the
bid. Measurement will
be made
for all
bid Items when they
are constructed complete in
place in
accordance with the plans and
specifications
and accepted
by the
Engineer.
METHOD OF MEASUREMENT
BIDITEM
1. HMAC-AHTD Type 2. -.Tons by Scale tickets initialed .by
Engineer.
2. 3000 PSI concrete curb and gutter -. Lineal feet as measured
by the Engineer.
3. Polypropylene Fabric Undersea I.- square yards as measured by
the Engineer. Overlaps are excluded.
4. 4" Topsoil, Hydromulch, Fertilizer, and Seed - square yards
U. as measured by the Engineer.
5. Common Excavation - cubic, yards as measured by the Engineer.
6. Clearing and Grubbing - square yards as measured by the
Engineer.
' 7. Class 7 Crushed Stone - tons by scale tickets initialed by the
Engineer compared to volume placed as measured by the
- Engineer.
8. Rip -Rap - square feet as measured by the Engineer.
9. Removal of Existing Pavement - square yards as measured by the
Engineer.
10. Removal and reinstallation of.12" RCP - lump sum.
1 11. Removal of 12" RCP and installation of 24" CSP - lump sum.
12. Concrete Flumes - lump sum per each.
13. Removal and reinstallation of 15",CMP - lump sum
' 14. Rock Excavating - cubic yards as measured by the Engineer.
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BASIS OF PAYMENT
Work completed, accepted and. measured as provided above shall be
• paid for at the contract unit price bid, per unit described, for
each item described, complete in place, which price shall be full
compensation for furnishing and installation of the item, for all
1 special tools, equipment, labor and supervision to complete work.
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CITY OF FAYETTEVILLE
BID 90 -
City Administration Building
' 113 West Mountain
• Fayetteville Arka.nsas.72701 •
Separate and sealed BIDS for Armstrong Avenue Street Reconstruction from
•Commerce Drive to City Limits in and for the City of Fayetteville,:
Arkansas, will be received•at the Purchasing Office, Room 307, City
Administration Building, Fayetteville, Arkansas, until 2:00p.m.,.
and then at said office publicly opened and read
aloud.
The REPLACEMENT PROJECT will include the furnishing of all the necessary.
materials, supplies, tools, labor, and other services required for the:
complete construction of the following:
' Approximately 1450 linear feet of street widening, HMAC overlay of
• existing pavement, concrete curb and, gutter, grading, drainage
relocation, and all incidental work necessary for..a complete.
installation.
' The CONTRACT DOCUMENTS consisting of Advertisement for Bids,
Instructions to Bidders,. Bid Bond, Bid, Agreement, Payment Bond,
Performance Bond, General Conditions, Special Conditions, Special
' Instructions, Detailed Specifications, Attachments, Drawings and Addenda,
may be examined in the. off ice of the City Engineer, City Administration
Building, Fayetteville, Arkansas, 72701, and the office of CEI Engineering
I
Associates, Inc., 110 West Central, Bentonville, Arkansas, 72712.
(501)273-9472.
Copies of the contract documents may be obtained from the offices of
CEI Engineering Associates, Inc., upon payment of $50.00, non-refundable.
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All bidders must be licensed under the terms of Act 1501 Arkansas Acts
of 1965.
• The City of Fayetteville reserves the right to reject any or all bids
and to.waive any formalities in the bids. The City also reserves the
right to withhold the awarding of the contracts for a period of not to
exceed sixty days after opening of bids.
Dated the day of
, 1990:
/s/
Purchasing Officer, City of
Fayetteville, Arkansas
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