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Home My WebLink About153-90 RESOLUTIONk 1. RESOLUTION NO. ,153-90 r;� _, , MICR OFILMED A RESOLUTION AUTHORIZING ,THE 1AWARD• OF A CONTRACT FOR. THE -ASH STREET IMPROVMENTS.' BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS:. Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract in the amount of $34,762.80 with McClinton -Anchor Division of APAC-Arkansas for the Ash Street Improvements. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 16th day of APPROVED: By: ?// ayor ATTEST: By City Cl t % my It October , 1990. Certificate of. Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE OOVERAGEAFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY United Service Agency, Inc. Post Office Box 11765 Lexington, Kentucky 40577 NAME AND ADDRESS OF INSURED APAC-Arkansas, Inc. McClinton -Anchor Division Post Office Box 1367 240 North Block Fayetteville, Arkansas 72702 COMPANY LETTER A B C D E F G 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 LETTER TYPE OF INSURANCE GENERAL LIABILITY POLICY NUMBER A ® COMPREHENSIVE FORM LAB 26606 ® PREMISES—OPERATIONS EXPLOSION AND COLLAPSE HAZARD ® UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD ® CONTRACTUAL INSURANCE ® BROAD FORM PROPERTY • DAMAGE ® INDEPENDENT CONTRACTORS E PERSONAL INJURY AUTOMOBILE LIABILITY A ® COMPREHENSIVE FORM XIE OWNED �pII '/XHIRED ® NON -OWNED A • B C D EXCESS LIABILITY ❑ UMBRELLA FORM ❑ OTHER THAN UMBRELLA. FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY LAB 26606 R S C C20578142 RSCC18146939 RSCC1814704A RSCC18146836 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Ash Street Improvements, Fayetteville, Arkansas POLICY EXPIRATION DATE 12-1-92 12-1-92 12-1-90 and renewals thereof until 12-1-92 Limits of Liability in Thousands 10001 EACH POLICY OCCURRENCE AGGREGATE PERSONAL INJURY / INCLUDING $ $ 1 BODILY INJURY PROPERTY DAMAGE $ PERSONAL INJURY, BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY (EACH PERSON) BODILY INJURY (EACH OCCURRENCE' PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED $ 500 $ 500 s 500 BODILY INJURY AND PROPERTY DAMAGE $ COMBINED 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. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72703 99343-2 108/89) DATE ISSUED: September 25, 1990 CsansAcid AUTHORIZED REPRESENTATIVE We, • ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND (\PAc— PMsf\s, fijc_ k CLi,.FL— ANc4OP: /� (State/whither individual, partnership NV I SIC N 1 Pt LOpLeo( On( , as Principal, or corporation) n/1 /(�� hereinafter called Principal, and usLe.NiC'.� OfM•p/ 1A OC Nbi-TR / //-4(\L LCA 1 , as Surety, hereinafter called Surety, are held and f' tt y and t - CITH .n t Fp 4_ ✓4E., ,.. - . _. Obligee hereinafter `hereinafter c lied Owner, in a amount of flft(ZT FouiL..-n-ooSAMO 3n£ 'IA504. uo i- $O/,00 ($34.17(0.2, 0 ), for the payment whereof Principa]]]l and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally firmly by these presents. Principal has by written agreement dted � entered into a contract with Owner for . �SR S'TR.tL_'T ittat oirts which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The condition of this obligation is such that if Principal shall faith- fully perform the Contract on his part and shall fully indemnify and save harmless -Owner from all costs and damage which it may suffer by reason of failure so to do and shall fully reimburse and repay Owner all outlay and expense which Owner may incur in making good any such default and, further, that if Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against Principal and Surety, jointly and severally, under this obligation, subject to Owner's priority, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This Bond is given in accordance with the following laws of the State of Arkansas: Act 368 of 1929, as amended, and Act 351 of 1953, as amended. No suit shall be brought on this Bond outside the State of Arkansas and no suit shall be brought on this Bond except by Owner after six (6) months from the date final payment is made on the Contract. The six month period of limitation is waived with respect to Owner and it is agreed that Owner may bring suit on this Bond any time before suit against Principal would be barred. • Any alterations which may be.made in the terms of the Contract, or in the work to be done under it, or the giving by Owner of any extension .of time for the performance of the Contract, or any other forebearance on the part of either Owner or Principal to the other shall not in any way release Principal and Surety or Sureties, or either or any of them, their heirs, personal repre- sentatives, successors or assigns, from their liability hereunder, notice to Surety or Sureties of any such alteration, extension or forebearance being hereby waived. PB -1 14, In no event shall the aggregate liability of Surety exceed the sum set out herein. Executed this day of NOTES: 1. 2. NSAS;� l�Ic __ .k (Princip 1)..:5p.7,.. -4 .,•••e � • ! By FRANKS LE JL.VE -tN- FAc-fiT,, . r This bond form is mandatory. No other form drill be acceptable: The date of the Bond must not be prior to the'date of the Contract: 3. Any surety executing this Bond must appear on the U. S. Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Arkansas. • PB -2 • Fe W CiSV p/ \ f^� �//\ ..-` /.\1/2/'\``icisu Once company 01 No$1I Ain er"Itd ✓. /i ; : / ATTORNEY % \d GGNA C°} Y 2 23 2 3 tiii li Knq a 1111611 by �he8B,pi688p([8: That INSURANCE COMPANY OF NORTH AMERICA a corporation of the Commonwealth •//'r; </n)ScPeiiney!vanta hevmg rte pr`ncipel oHwa in thltyetof Phdadelphla :Pennsylvema • pureuenttQM t1&1Ow{ng o ;��Resutlon adoptedby - the Board ol• , ore ' -of the`serd\Company on December 6 1983'tli wd ' - i � ` �/ \ � � � ` �, , :'"• ��! \ \ / .€ \ it M \ /j, / ✓/ 1, , •`\i/ \ < ^... k, j,\v/� 0;•Raar•.M• TMr pun Nm to Antoine its uW S,l or rM 9Y V • M• IWbwN9. .. Me49ewm IM •NCWgn M IM COMM/M.0 hoM•, 9M•rr•Rrq•: l•cP9nitMlcN com •cu 1rM xbr;noda.40 MO , "," % •"".",:11,7\ v , ; r -...:‘,,....„2„,v.„7„,....,,,, \ \\ � ". . `. �, any /i \\; 1. ny M i.m 4,..„.,,,....„ /- \ ii . .. s u \, I o . n, •...../../....... & \./,.. I. /n y,, IDe. 1M Pw id• r any c.caan . •SE10 CO any VIgs P 01•1014.041400,04,-the •dmU: Mr A•• alh. win ob • 1'd wha An in'. y .mar ,roar• c a.r m been m IM CMomatt S+ •Map r'd m. `r I•/ \ .. •, •-/,os 01 %h •nOdpT NKN`9M1neM MdpMN crnb9a IM MI io Vc.m lM aall!e lO b••Malad whin notate/my M1V .PrOmM•SY*y appoint mNYaM4 leant'--OtIi elan •MMaS 72.V..../ /4r •M o irM dor%zoty IMay "Mole and .Mat+,-atmfl Pr• bllanb Sento Y P eN. ac • y Vint PnaNml m any An•NI•M Vice Pnagml mar appoint ant tNMr'r• M mpai OHI t teMtN or'$$CC55 /\ ,, appeMryl 0a1M CompMy ant-AnomN•dn-hpld w • •cWiTr anNl lP thi ttecnnpn�el all.•uch,wr Ipe pn bNNM'm MI CampanY And to entail IM omit of Ma Company Man"P r.47!./...,.\7,,,K/. -.....y \.�\ \ Aur a pp mop a •cored m accmaana• wdh MM RWN M!aN'MSe Mdno. upon., .Company in, any cast ma omega signed by tM rreaeant and annly mEy rLirnatporil 9ametat • S///^ ' g' ! p p wa p fMf b.. t e. •and 11 s g .hsr• Vn m,rVkd P c.t •rid i •n AN t m V om Pie�ld•M d M•'wW d" IM Company 1 e a. 01 by LLnund• on any power off elrpnray / ,,/./ Z�\ jr pan ci Owaoam ro tjq 1 SMIon Nd IM •1pnalu i m • bMXying Onm•r and Ms nal mono Company may ea May et' ycaim- M any a ddICM m any Ma pe a snit Ny mi/h power ep. CI ieek ^\✓� aMdman beaiep tont 1awhNlo *toasting. sad Neel shad be 1011d and binding on IM Gamy m S daialaain '.,".t L,- arch *Mau Olhuna 01 IM Comp. y M AIImny'Nfam an IIONe authority to cdify at Utility cootie of thl R deactIOn; Mit Birlanta*1 the Comp•nyl and any **drib or fcod010.Company. ■ //`\/�'\ , \NN!•ry'Io tM dlMa 9• of lh i d i N - /^. /� ',"/ :'.. J ,, - r \ /. \. IS' //\✓/ ?Pis png9• o}•ri e Rom l on dodo notcarob* any midmr loth. raM d by RNoIWmn W tit: 60:4 m OireMors ado pi d on June o 1053 May 21. 1275 •M does hereby nominate consfute a sit, a ppolntHON,P#LD;; R HENDERSON%y JUDT"FRANKS SUTLER, ,>JACK FRAMER, �-•//•••••SHERMAN R^;MOORS.and MARY GARDNER .ail oP the City.'o P • Little'Rock,State/of �,'! !r Arkansas -- --.- -- --. - — -- — --- -. -. / ✓/�vA✓ A `: _,A AA ' `' A V i A/ • / //�• , ✓ � / Wro.ri its true and lawful,agent and attorney m fact; to make execute seal and deliver -for and on its behalf, and as ds act deed any ' and.C.a1I Bonds s;Undertak.inga, LIMITED,in-amou'nts,.TWENTY. F.IVE;;;MSLLION: 7 ($25.i.00o.:OQtr onbeha'1-f• .of APAC-AXk ansas,•,Inc--.and_ APAC—Nis sissippi,',-.Inc • 1• / •.cn/`. and APAC Tennessee`. Said Bonds•., Undertakings• to,:be signed S•on .the j> Oa Company. and -the Seal of,"the Company-attached.,thereto by"anp oneb£ the -,<; m- --. j 'said' Donald R Henderson,.Jndy Franks.. Eutle r ;-:•Jack Ramer.,;%••. n R - ',../%13.), 1 Moo;e\and' Mary�GArtinEr,ind>_vidually l/ nt f/" And the execution o1 such wnlmps'in pursuance of these presents shall be ae bindmg Priori's -aid Company; as fully and amply as if they had z'.,, C ... • \ -,, been duly executed and-acknowledged'by7he regularly elected officers of the Company el Ife_pnncipal office -' " '= N ;IN WITNESS WHEREOF,- tbesiid R E: Giveans ' Vice -President; has :hereunto'subscribed hie name -and_ affixed the ''2 Nct3`-� corporale seal of the said INSURANCE --COMPANY OF NORTH AMERICA this - - • ' • '5th; - • •• '•- - day of d • Viz September: • - - ..1g, : 89 .•,; _ - g 9.1:•:&13, t9 a p ' 40 zo •. m • . INSURANCE`COMPANY"of NORTH AMERICA F. •. ma COMMONWEALTH. OF PENNSYLVANIA - ?% R. E GiVEANS mce President I COUNTYOF-PHILADELPHIA . ;-SS• _ �,_ , "-%.On this ' • ' '51h dayof • •September A.D:19. 89 • before the subscriber.a Notary Public of..tr IL , the Commonwealth of Pennsylvania In end tor the County`of Philadelphia duly cornmissloned and Qua!iried, came R -.E `Grveans,, Vtce._ •.c President of the: INSURANCE'COMPANY'OF NORTH AMERICA to me personally -known lobe thelndwiduel and office, described in. and ,' who executed the -•preceding instrument; and he acknowledged the eaeculioo-ot the'same and::being by -me. duly sworn;'deposeth and , co .co sailh. that he is the ofhcer'of, the Company, aforesaid, and that:the seal.afbxed to the precedmg:instrument is the corporale seal of said 0:. c - Company. and the said corporate seal ar rind signature as officeware'duly affixedrand•subscribed to the said instrument;by the authority E":� • and direction of the:satd:corporation. andahst Resolution. adopted by the Board-ol Directors of said Company, referred to in the preceding .11 • xAh its 1°41. 1\0 h.all ar•C. rrM •%,:c4 .4%11 ,1: M.C. -; ✓.\;k,i e whtch•Ue. lc o aye, /. r: r 1 have hereunto set my hand and.affixed my official seal,at the City bf Philadelphia the day and year ;1. • Gv/ :•A, 1* ••r . . •i,n:✓n\jNotiry'Public L' \ j gni `�/ •�, \ \ Y v / i c.:: MpANY OF NORTH AMERICA do herebycerbfy Ihat the originaI POWER OFATTORNEY:-ot • • • 11foroe•uta. effect :- i2 \�%\••T•;,,,••• ; �- //� .••• �'/!Q'j ^\,j /. . - A ix - .or v ate s a.� • e/ ';A. /v • 1 my. neme'as Secretary' and �atflxed the corporate \sealof the'Corporallon this day of \\ l ` NOTAF IAL SEAL /; i ✓i1 r`\: j' �:nu��'"' ./i/ \\'. 'C'�, A/', „Phdadelphla P}ldadetph!aCounty`/ ,A ' nm"s .°/Exp,res'A gust,20;a.9g0: ��\u .\\-%`` ^ :y. -, F -\\/__ . . • 1;.,k14::::? 1 • S -,3364a THIS POWER OF ATTORNEY MAY NOT BEit:SED 7'0%v ECUTE AN_Y B,4ND W1`H.ANANGEPTION DALEa4F • \\ �i / ' /k72,•:1,#".•:; i^. j \\�/\✓i\v/�/" \\ii^'V /\\i��\�iw�\'/^\��/� //fin\:v � ' / V /, � ,/\0/- / A /�A// '✓/VA��\V� i/,�V•/i'��i/A�" VA%/�/ �• � 1 / �!L�;i/� \a \/ y, \ice•(%\ - -‘"2- _-_\\/ '/ _// \/? /moi c:% ✓rj �\ \ / v/l r >// `.,.'. ✓ /\, -)17.‘"•‘ ✓j .✓/` ./i•�\, �,–/1.raaa4 ,...n� \s w..I PROPOSAL (BID FORM) Place 1"r.`Ig'It'1tu4 ctrl AMA - ' Date SE?l$Mt3ER, 14)1990 Proposal of ADAC. (iiCKAiIs&St ING, = jq� CUrJiotJ -kwc.+a& Dtvt.stot4 a Corporation organized and existing under the DCLAW AK.0 Proposal of a partnership consisting of laws of the State of Proposal of an individual doing business as c`ity.Of Fayetteville 113 W. Mountain Street Fayetteville, Ark. 72702 This bid results from your invitation tor bids for street and drainage for Ash. Street• Improvements. the undersigned bidder having visited the site of the work, having examined the Plans, Specifications, and other Contract Documents, including all Addenda, and being familiar with all of the conditions relating to, the construction of the proposed` project, hereby proposes to furnish all material, supplies,; equipment, and appliances specified for incorporation' into the project; and to furnish all labor, tools, equipment, and incidentals to complete the work in accordance with the Plans, Specifications, and other Contract Documents at the price stated herein. This price is to cover all expenses incurred in performing the:work required under the Contract Documents of which this Proposal is a part. • the undersigned bidder agrees to begin work within ten(j.0) calendar days after issuance by the Owner of a "Work Order" or "Notice to Proceed" and to complete the work within 6Q calendar days thereafter. Should the work fail • • • to be completed within the time herein stated, the Contractor shall pay to the Owner as fixed and agreed liquidated damages and not as a penalty, the sum for each day of delay until the work is completed and accepted as stipulated in GENERAL CONDITIONS of these Contract Documents. It is understood that addi- tional time for the completion of the project is to be allowed only for delays as stipulated in GENERAL CONDITIONS of these Contract Documents.. bidder acknowledges receipt of the following addendum (addenda): The undersigned bidder agrees that this bid shall be good and shall not be withdrawn for a period of thirty (30) calendar days after the opening thereof. If written notice of the acceptance of this Proposal is mailed, telegraphed or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this Proposal is withdrawn, the undersigned agrees to execute and deliver an Agreement in the prescribed form and furnish the required Performance and Payment Bond within ten (10) days after the Agreement is presented to him for signature. It is understood by the undersigned bidder that the Owner reserves the right to reject any and all bids. Accoiapanying this Proposal as bidSecurity is (certified check)(bid bond) is the amount of 5% lb aulariGl Dollars ($ ), being not less than five percent (5%) of the total of this bid. If the undersigned bidder is the successful bidder but fails or refuses• to execute the Contract and furnish the required bond within the prescribed ten (10) days of the notification of award, then this bid security is to become the property of the Owner as liquidated damages for the delay and additional expense to the. Owner caused by such failure or refusal. A,PAC-AttCANSAStjNG. M-`cu+rbnt-P c0.z>w; (Witness). U (Name of of BBidder). Zoo i4oCG'111/4: (Sub UL By 4.• (;ate cktNtwlr /a04. -- (Address) SEAL (If Bidder is a corporation) . Notes: Sign in:ink. Do not detach. Items must be bid upon as specified in the Unit Price Schedule. fMES R.. CO1-.E vic15• FzEsiDrTT (Print Name and Title) 240 Nott -Fl ( Due=P,o.BoX 136-1 FA`tC i EVA. -Le fVL -tL-roz� (Office Address of Bidder) P-2 QUANTITY 2 each 40 L.F. ASH STREET IMPROVEMENTS STREET & DRAINAGE INSTALLATION FAYETTEVILLE, ARKANSAS UNIT PRICE SCHEDULE 'ITEM DESCRIPTION;„ Clear and shape .Curb Inlets` 18" C.M.F. Drainage Concrete Curb & Gutter UNIT PRICE WU% Right of Way Restoration Ci nc Wins. 4- D r: rewc015) Sub -Total Amount Base -Bid `.ALTERNATIVE is ALTERNATIVE 2. ' 1. 1585 BID SUMMARY Base_Bid-& Alternative 1,. :Base Bid & Alternative -2. dicta- - 5oReoW U /ado Pee le-P2.aeE AMOUNT $ /,300.00 - $ -Z iciu $ z5.00 s /,000,00 $_ 5.90 . $__61178o _ $ .z450.0O _ _ s °M50.00 Final Grade; .Subgrade Compaction; 6" SB -2 Base installed & Compacted; Prime & piace,2".ACHM Final Grade; Subgrade Compaction; 2" SB -2 Leveling. Course; -.6". Concrete•according to Specifications ,$ /1, z eo_ _ No SIP $ /do 13/0 $ 5d,74a8D_. s Q1Q_J�1L?_ A.I.A. Document No. A-310 (February 1970 Ed.) " AM ,119 Sedgwick James • Sedgwick James of A Kansas, Inc. 900 S Shackleford Road, Suite 600. PO B x 51 , Little Rock. Arkansas 72203-0511 Telephone (501) 223-3111. Telex 536249. Facsimile (501) 223-8461 -• KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, hereinafter called the Principal, and BID BOND APAC-ARKANSAS, INC., McCLINTON-ANCHOR DIVISION 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 113 West Mountain Fayetteville, Arkansas 72703 as,Obligee, hereinafter called the Obligee, in the sum of Five Percent of the amount of.bid Dollars ($ • far 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. fhe Principal has submitted a bid for Ash -Street Improvements 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 o1 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 of 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 Ihis obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this - 14th day of September A.D, 19 90 APAC-ARKANSAS, INC McCLINTON-'ANCHOR tY2 e/� (Principal) (Seal) l >�4& . (Title) Vice President RANCE COMPANY OF NORTH AMERICA Surety) (Seal) )1;LA C.R.-• - r\nks Butler - Attorney in fact •5.: N.'0V.iV4'i fir" : ATTORNEY / \-/; k• //•S `. .• \ • I% /• 'ii. MJF ``1/ �.., .. Y^`';:k.-'7.::c.1(,n.../>;;;;.-/w all man by;these presents. That INSURA FICE COMPANY OF NORtH AIfIERI CA, a cotporailoe of the COM'monwealth . o1_ ettFe lvania, hav n its nncl al offlie In the Cil of Philadel Na Penne Ivanie;- ursueht toahe tollowin Resolution adopted bythe Board of ,,. Y 0 P P Y P Y P g P /ice` Direclbra of the said Compeny lit. December 8,;1983 to wit,/ . §�;/ t ., z _ "`„ : , ✓Q .: gall \{,'i ` 'q \Jj \-�,\..!. :. '\ .. , ,\.,, I ▪ / RESOLVED, Mit 'pint/one Ankle.*1e emitt 011M 9> Lare: IM lelhrmb aul.k w.b email lM ae<ut pier alit Cemlury al bond• Undrrnklnpe', r•eeenli•ncei. contracts ind other i//.\ rinldYS In the nnure thmof:=rte::.:.‘,/,`,-.::::"...:-.,,,- 7L 1 .2:: �(2.\: ,..., ♦ ..::.r:,CC„ . S•. , t: r ":_'t: : 1 ✓ . • •• r ••e ••• . 5r ••• • In.• 1.•• ••r • • ••• '•r lees e•• •w 1 e•• , •• e• .••• r r. ••.. • •. •• 'DWI •• . • r on behalf M,IM Caapr.I any and all handl, ▪ .••••••• •.: r• a •••• •• •ed . ••• • •d• •e, r. •• vie.. •e•••••^1• • h rose g• .•u•e . • • • ,.:•• n••• r:; or• A•N•t•n C• M o other leper (el and or ••11 eer f '••• •r• V and Ala r •In .a• et • •7. 'e• tI• Ito r• pt' • 1 •'•e• hag • • •Amos • • .• •fe y10 •ft Md eulhorto h• Copan t.ereto or •• ▪ •'••r of the CamWN end Ananry• InF.C(lo.b i wasp?tlNt to IN • •2Vdb11 o/ell •whinitMp• ee b•h•q dt IM Cornp.nY,end to ens IM seal or IM Company tn••o. • am/ e rI1hiaiii lted h .<eeil.ke. rill In•si Aibn e, N N M imdme epei er fieri yin i4 cu• s IM•en' igned /y IM Pre•. rt and ONUS to by I. Corporate Secretary. 11 ii.eee• �� • (i) \J/ t,if •I,d wrilel Ilia P a Ri I er�M'd 11 .I PIHartt•a/.'YvIe•OtAc.i Md 1 M kt6N1•hn PrMWMI ud is' uii pr Iln Co'io•ny mry be sewed tij hehilnib do enr low• al shorty • ,� , ;et•nl•d Iwr•e•et 1• Ihb R a.Imd h: end IM •M...• a • b* vjtJae Oak• and the P•10l IM Canlinm. mot 01.•reeedeyhe Igmlh to MY <Mlrtc•b al anY,•uM para. and any such pore, p .11..t:/,•T:4:1,,.1::'....:), ,, ,/ ,/ e•dMote beanie wen Naii.14 .gnehn .M u•I fhol be ve4d add DMOMe o4 rks. r. -, y \ / - -, _ - �... I / \(at �%' Sieh otba OThc.rtet iii Ca' ay;sod*lteneye McFwl ehwjtnb itith&$Ibt4nlh a ye�N w$Nb of:INenewldlIe.1lhe ayL•r.a4 tn. Company eM•I •1Iid.Wt a record of the Cauchy -1 / . i n•<uurytb IM dhen•rp•Si114i1,dWN• , ;a j .. 1 /f -<;,if //j, th. atilt. pi IMi Na.dNilbll doLnel r•vdk.lny.Ullhr uMoilly9,.nli t by ir•7dWIPoM e11M baled el buwlaa •dent/d en Joe 9. IS$S flit' 28. %cera end March 3] ipr.' dost:hereby.naminate.:conatiluie and eppetdtDONALD%4R/ HEND,L3lSON. JUDY:2RANKS' Btt.LERi JACK 'RAMER 1 . ,;..SHEf2MAN R . MOORf and MARL rsAKIJNRR. gLi bt tilt City of Li't"t leRock;, State of f�naArWsa 'VJ • its true and lawfulAgentand attorney-in-fact, 10 make; execute, seal and deliver for end on its behalf, and as Its del and deed a ny .and:. all. Ronda -& Undertakings;:;LI$TTED.in amounts,, TWENTY EIVE MILLION • ($25;•006,00O1:,..oit• behalf •of,,APACa•Atkan'sas„ :Itici- and APAC-Mississippi, inc ,and., APAdz- T.ennessee,,,.Said lion Utide'rtaiing's t� be.. signed for the Cotnpatiy •the:Seal of.;itk esCompy<. anattached •theretri` by any: one of the -� 3 rAn ' an'd .. said .DoaldJ`R',, He'nderson', ;iudy, Franks ButleYr Jack Ramer, Sherman R. od (1)' ,M6ore :and Mary,Garsiiler,indiiiidiiall`y .•` f,. / i% •. E` •And.the exedution ol'such writings in pursuance of these presents shall betas bindrup upon said Compaq, es hilly and imply as 11 I(Iey had Lo C' �:. .0 Or. .: been duly executed. end.ackaowledged. by the regularly elected oflliera.ot the Company at its •principal office. • : IN WITNESS, WHEREOF, the said R. E.. Givearis,-Vics•President,rhes .hereiinto•-Bubscribed hie name and affixed the corporate Beal of the laid INSURANCE COMPANY OF NORTN AMERICA this. ' • -6 •_!:.. 5th ' o �. . ag Co • 0 ID Pr w i. CO > lir 0. v n'. C 1 O O 0 to▪ - to- day . day of • September• 19.': 89\:;::// •,.!^*,.,, INSURANCE' COMPANY OF NORTH AMERICA •• COMMONWEALTH OF'PENNSYLVANIA -- : COUNTY Or PHILADELPHIA - ,r ea, On this • 5th• day'ot September =-% A D 19� 9 before the skbecriber, a Nolary Public of the Cornmonwaatlh ol.Penneyllieiia m end:fer the Couiity,-M Pftiladelphie dulj cOhtri lesioned and quahlied; came R. E. Giveans, Vice= President of the INSURANCE'COMPAN# OP NORTH Mist:mit knbwh to be the andiwdual aha attics,. described in, and Who executed the predsdlsg Inatrumdnt i Whe eek4iedli?! ne' ihe'e;re tart& •of •GF-ryw A +„aeinO by me �dul¢ sworn- daposeth and •eadh thit.,he to Iha otkeroi thi'Compaity A'orastid and Iasi ::•e sear affixed to t+M n i•ed •y Ytfihttrttelb t ,lbi cbrtfo`rate seal Of said': do w - . ,..... 0';C' ' . mp y; end Iho'e\.eld'corporate seal end b•+ •• ranntave nal ^Y rer were C r nibs Pd 1.“'1 ern + r rerl to iheseid lnetrumeht bylhe authority R. E. GIVEANS, Vice President end direction of the Mid corporation, and that Resolution adopted by the Board of Directors of said Company referred to id the preceding 1511' metra` dA” t `y/fWEREO, 1 have he• releb•iet m y fiand and`elixed my L(ficiJll weal at fhb Cdy of Philedelphla the tleY and year . .fiat atroktagaii 1 �i /t i▪ nv^�j //,\�r: \` �n\� ; �`�/ear ✓ n _{.. / — s= ti� , r 4° i re e•� } • 7`\\ '!/ ;<�ti '^. / \ �%\\ • J/ f/\t Notary PUblitt. •\\ \ �f/yam _ .l\•�f`.//\ %e unti viµ,,, 1 ;a�:.va I• r r' INSURANCE COMPANY OF NORTH AMERICA. • le•nl:, ,'• I e •ha• '•r• •• •Egli POV/EP OF ATTORNEY; of which the Cort i a{fi'+ .• '. •• r' P •. i+ ..1,.. r .I,, .. ,Lit: r ; , hr e r .r;,.. f \..;..,. �1i1 wn j �6fl1'o47r= `C . 1.\�` It, •._r Ps •,f•,,.•1 ^o ;: re .r,i1.. h..ikAoiporetiorf attics ,`..%. / r/':• .11,.”'"'m ._...•I I•.. _ _.. .• - •.+',:it 1.1:.1 of, .. :• .9; \'. 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'1'111 rral, :'1 , , . •1i C,l. da..— amenlarilMIS. 1 1 1 1 1 1 1 ASH STREET IMPROVEMENTS STREET & DRAINAGE SPECIFICATIONS FAYETTEVILLE, ARKANSAS PREPARED BY JORGENSEN & ASSOCIATES CONSULTING ENGINEERS FAYETTEVILLE, ARKANSAS SEPTEMBER, 1989 II ' TABLE OF CONTENTS 1 1 1 1 1 1 1 PROPOSAL (BID FORM) UNIT PRICE SCHEDULE CONTRACT PERFORMANCE AND PAYMENT BOND GENERAL CONDITIONS SPECIAL CONDITIONS TECHNICAL SPECIFICATIONS SECTION 1- Excavation, Clearing & Grubbing SECTION 2- Roadway Construction SECTION 3- Storm Drainage SECTION 4- Testing • 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 NOTICE TO CONTRACTORS ASH -STREET IMPROVEMENTS Fayetteville, Arkansas ici 140, go -410 • Sealed bids addressed to the City of Fayetteville, 113 W. Mountain Street, Fayetteville, Arkansas 72703 will be received by the City of Fayetteville purchasing department on September 14th, 1990 at 10:30 a.m. Said bids will be for the installation of approximately 515' of street consisting of 1042' of curb & gutter, 1585 S.Y. street, 40' 18" CMP and miscellaneous items as specified and detailed on the plans. Said bids will be opened a the bid time stated and publicly read aloud. Bids shall beiaccompanied by a cashier's or certified check in the amount of not less than 5%.of the total maximum bid price payable to the City of Fayetteville, or a bid bond in the same amount to guarantee that the bidder will enter into a contract and execute performance and payment bond within 10 days after notice- of award.. The successful bidder must furnish a performance and payment bond upon the form provided in the amount of 100% of the centract price. Construction plans specifications and bid documents may be purchased at the office of Jorgensen & Associates Consulting Engineers, 2863 Old Missouri Rd., Fayetteville Arkansas, phone 442-9127. Price for plans and specifications is $15.00 per set and no refunds will be made. No PA% l2 os 44 EP'rEO 1 1 1 1 1 1 1 1 NOTES: 1. Bids must be submitted upon all items in the Unit Price Schedule. Partial bids will not be considered All extensions of the unit prices will be subject to verification by the Owner. In case of discrepancy between a unit price and its extension, the unit price shall be considered the bid. • 1 1 1 1 1 1 CONTRACT APAC-Arkansas, Inc. McClinton -Anchor Div. �y THIS AGREEMENT made this /ik,.tc day of /.7510 by and between( a Corporation organized and existing under the laws of the State of Arkansas). (a partnership consisting of (Strike out the two terms not applicable) hereinafter called the "Contractor" and - Cicy nt kayetceville. hereinafter called the "Owner." WITNESSETH That the Contractor and the Owner for the consideration stated herein mutually agree as follows: 11 supervision, technical personnel, labor, materials, machinery, tools, ARTICLE 1. Statement of Work. The Contractor shall furnish all equipment, incidentals and services, including utility and transporta- tion service and perform and complete all work required for Ash II Street orarainage :..in strict accordance with the plans and specifications attached herewith as prepared by the Engineer. ARTICLE 2. The Contract Price. The Owner will pay the Contrac- tor because of his performance of the Contract, for the total work performed the lump sum price and unit prices as stipulated in the Proposal attached herewith. Said lump sum price shall be full com- pensation for all work performed as detailed by the plans and shall include all incidentals. Said price shall be subject to additions or deductions as follows: The owner may make alterations, may change the work or omit from the work covered by this Contract. Charges or credits for this additional work (or ommision of work) shall be based on the unit prices stated in the Proposal provided the additional work (or ommision of work) is of a similar nature. It is agreed that this additional work (or ommision) shall not void this Contract). Completion of this project shall include a final inspection certification and certi-' fication that all subcontractors and/or suppliers have been paid for all work or materials supplied on this project. ARTICLE 3. Contract Time. The Contractor agrees to begin work within ten(10) calendar days after issuance by the Owner of a "Work Order" or "Notice to Proceed" and to complete the work within 60 calendar days there after. 1 1 1 1 1 1 1 1 of 1 1 1 1 1 1 1 ARTICLE 4. Contract. The executed Contract Documents shall consist the following: a. b. d.. et. This Agreement and Proposal Drawings and Specifications Final Inspection Certifications Payment to subcontractors certification General Conditions & Special Conditions This Agreement, together with other documents enumerated in this ARTICLE 4, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, form the Contract between the parties hereto. In the event that any provisions in any component part of this Contract conflicts with any provision of any other component part, the conflict shall be resolved by the Engineer whose decision shall be final. ARTICLE 5. Surety. The Surety on the Performance -Payment Bond shall be a surety company of financial resources satisfactory to the Owner and authorized to do business in the State of Arkansas. IN WITNESS WHEREOF, be executed in three (3) original, on the day and 1 ATTEST: 1 1 1 1 the parties hereto have caused this Agreement to counterparts, each of which shall be considered an year first above written. APAC-Arkansas, Inc. nArriintnn-Anchor Div. n4 aa41sa$,jzley Ned /m-ArharOw/jinn Co BY CIL,nt4% 4.?i t, Title W/el .2 ewa'eitit7g2 .. PD. 130C 367, 24,E Hog% 'i.3yack �f2eef (Street) , Ab,Fi ALMA 7Z '70 Z. "" s (City fPv, ge (Owner By: a�e��e e(/ Yt//Govr? V. Al v- ./.7 f/Qyor 1 11 1 11 1 1 1 1 1 1 1 1 • • ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We, (State whether individual, partnership or corporation) hereinafter called Principal, and hereinafter called Surety, are held and firmly bound unto , as Principal, , as Surety, Obligee, hereinafter called Owner, in the amount of ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated entered into a contract with Owner for . which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The condition of this obligation is such that if Principal shall faith- fully perform the Contract on his part and shall fully indemnify and save harmless -Owner from all costs and damage which it may suffer by reason of failure so to do and shall fully reimburse and repay Owner all outlay and expense which Owner may incur in making good any such default and, further, that if Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against Principal and Surety, jointly and severally, under this obligation, subject to Owner's priority, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This Bond is given in accordance with the following laws of the State of Arkansas: Act 368 of 1929, as amended, and Act 351 of 1953, as amended. No suit shall be brought on this Bond outside the State of Arkansas and no suit shall be brought on this Bond except by Owner after six (6) months from the date final payment is made on the Contract. The six month period of limitation is waived with respect to Owner and it is agreed that Owner may bring suit on this Bond any time before suit against Principal would be barred. • Any alterations which may be .made in the terms of the Contract, or in the work to be done under it, or the giving by Owner of any extension of time for the performance of the Contract, or any other forebearance on the part of either Owner or Principal to the other shall not in any way release Principal and Surety or Sureties, or either or any of them, their heirs, personal repre- sentatives, successors or assigns, from their liability hereunder, notice to Surety or Sureties of any such alteration, extension or forebearance being hereby waived. PB -1 1 1 1 1 1 1 1 1 1 1 In no event shall the aggregate liability of Surety exceed thesum set out herein. Executed this day of • (Principal) By (Surety) By , 19 NOTES: 1. This bond form is mandatory. No other form will be acceptable. 2. The date of the Bond must not be prior to the date of the Contract. 3. Any surety executing this Bond must appear on the U. S. Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Arkansas. PB -2 1 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 1 1 4 GENERAL CONDITIONS GC.1 CONTRACT DOCUMENTS Al1.Contract Documents including the following; Bid Form, General Conditions, Special Conditions, Construction or Detailed Specifications, Material Specifications, Contract Form, Performance and Payment Bond Form, all other documents bound herewith, Plans, bound herewith and separately, and all Addenda are essential parts of the Contract. GC.2 PERFORMANCE AND. PAYMENT BOND Promptly upon execution of the Contract, the Contractor, at his expense shall furnish the Owner with a surety bond in the amount equal to one hundred percent (100%) of the Contract price, issued in quadruplicate by a corporate surety acceptable to the Owner and authorized to do business in the State of Arkansas, signed or countersigned by an agent of the surety resident in the State of Arkansas, with the issuing agent's power of attorney attached to each copy of the bond, which bond shall be conditioned for the faithful performance of the Contract and for the payment of all labor and material bills. The bond shall be in form and substance identical to the form which is made a part of these Contract Documents; that bond form is mandatory. However, the terminology expressed in the bond form is not exclusively determinative of the surety's responsibility; by the issuance of the bond, the surety shall be liable for any failure of the Contractor to perform in accordance with the Contract Documents, including initial or corrective performance and including payment of liquidated and consequential damages of the Owner, if applicable. The liability of the surety for the Contractor's breach of any requirements of the Contract Documents shall continue as long as the Contractor's liability continues under the Arkansas Uniform Commercial Code and other applicable law. The date of the Performance Bond shall not be prior to the date of the Contract. GC.3 AWARD OF CONTRACTS Bids will be considered on the basis of the total price given in the bid forms. The bidder to whom the Contract is to be awarded will be notified in writing within thirty (30) days after receiving bids of its acceptance of his Proposal. The Contractor shall complete the execution of the Required Bond and Contract within ten (10) days of such notice. GC.4 DEFINITIONS The following words, or pronouns used in their stead, wherever used in the Contract Documents shall have the following meanings: GC -1 '1 1 1 1 1 1 1 1 1 1. 1 1 1 1 1 1 • "Contractor" - shall mean the individual, partnership or corporation entering into an agreement with the Owner to perform the work covered by these specifications and his or their authorized agents or legal representatives, and pronouns he, his and him shall refer to the Contractor whether an individual, partnership or corporation. "Engineer" - shall mean the person designated to act as Engineer for the Owner or his duly authorized agents, such agents acting within the scope of the particular duties entrusted to them.: The words "directed", "permitted", "ordered", "approved", or words of similar import shall be understood to refer to the direction, permission, orders, approval, etc., of the said Engineers. "Sub -Contractors" - shall mean the individual, partnership or corporation entering into an agreement with the Contractor to perform any portion of the work covered by these specifications. "Work" - shall mean the furnishing of all necessary labor, tools, equipment, appliances, supplies and material other than materials furnished by the Owner as specified to complete the construction covered by these specifica- tions. "Surety" - shall mean any person, firm or corporation that has executed, as Surety, the Contractor's Performance Bond securing the performance of the Contract. "Plan" - shall mean the Drawings which are a part of the Contract. "Contract Documents" - shall mean all papers bound is this copy entitled Specifications and Contract Documents, together with the Plans which may be separately bound. • GC.S INSURANCE Before any work is commenced, the Contractor shall furnish a certi- ficate of insurance addressed to the Owner, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance BudJly Injury Liability Property Damage Liability GC -2 • $500,000 for each person injured $1,000,000 for each accident $250,000 for each accident $500,000 aggregate If work includes pipelines or other underground structures, the Property Damage Liability (Comprehensive General Liability Insurance) shall be $250,000 each accident and $500,000 aggregate. The insurance shall include explosion, collapse and underground coverage. The premiums for all insurance, and the bond required herein shall be paid by the Contractor. It shall be the obligation of the Contractor, to complete and deliver to the Owner the structure required by these Contract Documents regardless' of any loss, damage to or destruction of the structure prior to delivery. See GC.1q for Owner's and Engineer's Protective Liability Insurance. GC.6 EXECUTION OF CONTRACT DOCUMENTS Within ten (10) days of receipt of copies of the Contract, the Contractor shall execute four (4) counterpart copies of the Contract Documents and return them to the Owner. After execution by the Owner, one (1) copy each shall be furnished the Contractor and his Surety. The Contract Documents are complementary and what is called for by any one shall be as binding as if called for by all. The intention of the Contract Documents is to include all super- vision,_labor, tools, equipment, transportation and materials other than materials furnished by the Owner as specified necessary for the proper execution of the work. Materials or work described in words which so applied have a well known technical meaning shall be held to refer to such recognized standards. GC.8 DRAWINGS The Engineer shall furnish to the Contractor, free of charge, three (3) copies of Plans, Specifications and Contract Documents, in addition to the executed copies necessary for the completion of the work. Other copies will be furnished if requested by the Contractor at the cost of reproduction. The Contractor shall keep one (1) copy of all drawings and Contract Documents in good condition readily. accessible at the site of the work available to the Engineer and his authorized representatives. GC.9 CONTRACTOR'S EMPLOYEES The Contractor shall employ only competent skillful men on the work and shall at all times enforce strict discipline and good order among his employees. The Contractor shall neither permit nor suffer the introduction or use of spiritous liquors or controlled substances upon or about the work embraced in this Contract. GC -3 I The Contractor shall maintain a qualified superintendent on the job at all times, who shall be the Contractor's agent responsible for the faithful. discharge of the Contractor's obligations under the Contract. The Contractor shall notify the Owner in writing of the designation of the superintendent and • his successors. GC.10 PAYMENT OF MATERIALS - EQUIPMENT Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, temporary construction of every nature and all other facilities necessary for the execution and completion of the work. GC.11 SANITARY PROVISIONS The Contractor shall provide necessary toilets for the workmen, properly secluded from public observation and shall comply with sanitary ' regulations of the Health Department or any other authority having juris- diction. GC.12 LAWS - ORDINANCES The future Federa manner affect upon the work thereof is no Contractor shall keep himself fully informed of all existing and L, State and local laws., ordinances and regulations which in any those engaged on the work or material or equipment used in or or in any way affecting the conduct of the work. Lack of knowledg defense to full performance of the Contract. GC.13 . PERMITS - LICENSES The Owner will secure easements across public or. private property permanently required for the pipelines at no cost to the Contractor. 'The Contractor shall lease, buy, or otherwise make satisfactory provision, without obligating the Owner in any manner, for any land required outside the land provided by the Owner. State Highway and Railroad Crossing Permits will be secured by the Owner. All other permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. GC.14 ROYALTIES AND PATENTS The Contractor shall pay all royalties and license fees and shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from any loss on account thereof. GC.15 PROTECTION OF WORK AND PROPERTY The Contractor shall continuously maintain adequate protection of all his work from damages andshallprotect the property of the Owner from damage or loss. I I GC -4 The Contractor shall protect adjacent or adjoining property or properties in any way encountered in the prosecution of the work from any damage or injury. The Contractor shall indemnify and save harmless the Owner, its representatives and agents, from all claims, costs, expenses or liabilities accruing in consequence of any act on the part of the Contractor or from failure to properly guard the work in progress, the adjacent property or persons using the streets or from any other causes whereby injury to property or persons is caused. If damage or injury is done to private or public property, the Contractor shall restore or have restored at his expense such damaged property to a condition equal or better than that existing prior to the damage. The Contractor shall not interfere in any way with the work of any other contractor on this project. GC.16 QUALITY OF WORK AND PROPERTY Al]. property, materials and equipment shall be new and free of defects upon completion of the Contractor's performance and unless different standards are specified elsewhere in the Contract Documents shall be of the best type and quality available for the purpose. All of the Contractor's work shall be performed with the highest degree of skill and completed free of defects and in accordance with the Contract Documents. Any work, property, materials, or equipment not in conformance with these standards shall be considered defective. If any work, property, materials or equipment is discovered to have been defective or not in conformance with the Contract Documents, whether said discovery is made before or after completion of performance, the Contractor, at his expense, after written notice from the Owner or Engineer, shall promptly replace or correct the deficiency and pay any engineering costs and consequential expense or damage incurred by the Owner in connection therewith. If the Contractor fails to promptly correct all deficiencies, the Owner shall have the option of remedying the defects at the Contractor's cost. If the Contractor is required to furnish shop drawings or designs the above provisions shall apply to such drawings or designs. Neither the Owner's payment, acceptance, inspection or use of the work, property, materials, or equipment, nor any other provision of the Contract Documents shall constitute acceptance of work, property, materials, or equipment which is defective or not in accordance with the Contract Documents. If the Contractor breaches any provision of the Contract Documents with respect to the quality of the work, property, materials, equipment or performance, whether initial or corrective, its liability to the Owner shall continue until the statute of limitations with respect to such breach of contract has expired following discovery of the defect. All parts of Section 16 are cumulative to any other provisions of the Contract Documents and not in derogation thereof. If it is customary for a warranty to be issued for any of the property to be furnished hereunder, such warranty shall be furnished, but no limitations in any such warranty shall reduce the obligations imposed upon the Contractor in the Contract Documents or by Arkansas Law, but if any greater obligations than imposed in this Contract is specified in any such warranty or by Arkansas Law, those greater obligations shall be deemed a part of this Contract and enforce- able by the Owner. GC -S I GC.17 INSPECTION OF WORK IThe Engineer,.his. authorized representative, and any Federal, State, County or local authorty representatives having jurisdiction over any part of the work or area through which the work is located, shall at all times have access to the work in progress. The detailed manner and method of performing the work shall be under the direction and control of the Contractor, but all work performed shall at all times be subject to the inspection of the Engineer or his authorized representative to ascertain its conformance with the Contract Documents. The , Contractor shall furnish all reasonable aid and assistance required by the Engineer for the proper inspection and examination of the work and all parts thereof. The Engineer is not responsible for the Contractor's means, methods, techniques, sequences or procedures of construction, or safety precautions and. programs incident thereto. Inspectors may be appointed by the Engineer or Owner. Inspectors shall have no authority to permit any deviation from the Plans and Specifica- tions except on written order from the Engineer and the Contractor will be liable for any deviation except on such written order. Inspectors shall have authority, subject to the final decision of the Engineer, to condemn and reject any defective work and to suspend the work when it is not being per- formed properly. The inspector shall in no case act as superintendent or foreman or perform other duties for the Contractor, nor interfere with the management of the work by the latter. Any advice which the inspector may give the. Contractor shall in no way be construed as binding to the Engineer in any way or releasing 1 the Contractor from fulfilling all of the terms of the Contract. Any defective work may be rejected by the Engineer at any time before final acceptance of the work, even though the same may have been pre- -_ viously overlooked and estimated for payment and payment therefor made by the Owner. All condemned or rejected work shall be promptly taken out and replaced by satisfactory work. Should the Contractor fail or refuse to comply with the instructions in this respect, the Owner may, upon certification by the Engineer, withhold payment, proceed to terminate the Contract or perform work as provided herein. CC. 18 TIME OF COMMENCEMENT AND COMPLETION The Contractor shall commence work within the time specified and the rate of progress shall be such that the whole work will be performed in accor- dance with the Plans, Specifications, and Contract Documents within the time limit specified, unless an extension of time is made in the manner hereinafter 'Ii specified.. I LIGC -6 GC.19 UNFORESEEN DIFFICULTIES All loss or damages arising out of the nature of the work to be performed under this Contract or from any unforeseen obstructions or difficul- ties which may be encountered in the prosecution of the same, or from weather, acts of God, strikes, work stoppages or slowdowns shall be sustained by the Contractor. GC.20 ALTERATIONS - OMISSIONS - EXTRA WORK The Owner may, when deemed necessary, make alterations and modifi- cations in the Specifications, or may change the work, or may omit from the work covered by this Contract, any portion thereof or may order extra work performed. Charges and credits for all work of a similar nature as bid upon shall be based on the unit prices stated in the Contract. It is expressly.agreed and understood that such alterations, additions modifications or omissions shall not in any way violate or annul this Contract, and the Contractor hereby agrees not to claim or bring suit for any damages, whether for loss of profits or otherwise, on account of said changes. I' Whenever, during the progress of the work, any additional work, change, or modifications in the work contracted for is agreed upon as aforesaid, such additional work, change or modifications shall be considered and treated as though originally contracted for, and shall be subject to all terms, condi- tions and provisions of the original contract except that no extension of time of completion shall be allowed owing to such additional work, change or • modification, unless the same is approved by the Owner. In case extra work is encountered which is outside the scope of these specifications and upon which the Contractor and Owner fail to agree • upon a price, the Contractor shall perform such work upon a basis of actual cost plus fifteen percent (15%) for overhead, profit, etc. The actual cost shall include the cost of labor, field supervision, equipment rental, materials, insurance, payroll taxes and any other -costs directly chargeable to this part of the work provided said costs are specified at the time of the change order. It shall not include any allowance for office overhead, general supervision, profit, etc., which are considered to be covered by the fifteen percent (15%) allowances. All such work shall be under the terms of the original contract without invalidating any of the terms thereof. GC.21 DELAYS - EXTENSION OF TIME - LIQUIDATED DAMAGES If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner, the Owner's Engineer or employees, or by any separate contractor employed by the Owner, or by changes ordered in the rwork or by strikes, lock -outs, fire, unusual delay in transportation, unavoid- able casualty or any other cause beyond the Contractor's control, then the time of completion shall be extended for such reasonable time as the Owner may decide. Provided, however, said time of completion shall be extended upon the following conditions and no other: 1 -. GC -7 II. (a) Requests for extension of time shall be in writing Iof time shall be granted automatically. No extension (b) The Contractor claiming an extension of time because of any of the contingencies hereinabove mentioned shall, within seven (7) days of the occurrence of the contingency which justifies the delay, notify the Owner in writing of his claim and the reasons therefor. (c) In event of a continuing cause of delay only one claim is necessary. It is acknowledged between the parties to this Contract that the work to be performed by the Contractor will result in a benefit to all customers of the Owner and that a delay in completion of the work will be detrimental to many customers of the Owner. It is further acknowledged that, while work is in progress, the. Owner shall incur an indeterminable amount of expense as a result of necessary supervision of the work and other overhead and administra- tive expenses. It is, therefore, agreed that if there is a delay in the work beyond the period elsewhere herein specified which has not been authorized as set forth above, then the Owner may deduct from the Contract price the amount stated in the Special Conditions, bound herewith, as liquidated damages. GC.22 OWNER'S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of the Contract the Owner, after three (3) days' written notice to the Contractor, may without prejudice to any other right or remedy the Owner may have, correct such deficiencies and may deduct the cost thereof from anypaymentsthen or thereafter due the Contractor. GC.23 SUSPENSION OF WORK Should contingencies arise to make such action necessary, the Owner shall have the right to suspend the whole or any part of the work for a pericci not to exceed sixty (60) days by giving the Contractor notice in writing three (3) days prior to the suspension. The Contractor, after written notice to resume work shall begin within ten (10) days from the date of such notice. If the work or any part thereof shall be stopped by the Owner's notice and the Owner fails to notify the Contractor to resume work within sixty (60) days, the Contractor may abandon that portion of the work so suspended and the Contractor shall be paid for all work performed on the portion so suspended at unit prices quoted in the bid for completed work involved at agreed prices on any extra work involved and at a fair and equitable price for partiallycompleted work involved. GC -8 I The Engineer may suspend work pending the settlement of any con- troversy. The Contractor shall not be entitled to any claim for loss or damage by reason of such delay nor shall he be entitled to any extension of time but an extension may be granted by the Owner in his discretion. GC.24 OWNER'S RIGHT TO TERMINATE CONTRACT If the Contractor shall be adjudged a bankrupt or shall file a petition for an arrangement or reorganization under the Bankruptcy Act, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his solvency, or if he should persistently or repeatedly refuse or should fail, except under conditions where extension of time is approved, to supply adequate workmen, equipment and material, or disregard laws, ordinances, or the instructions of the Engineer, or otherwise be guilty of a violation of any provisions of the Contract, then the Owner upon certification of the Engineer that sufficient cause exists to justify such action may, without prejudice to any other right or remedy and after giving the Contractor ten (10) days' written notice, terminate the employment of the Contractor. At the expiration of the said ten (10) days the Owner may immediately serve notice upon the Surety to complete the work. In case the Surety fails to comply with the notice within thirty (30) days after service of such notice, the Owner may complete the work and ' charge the expense of the completion, including labor, materials, tools, implements, machinery or apparatus to said Contractor and the expense so charged .shall be deducted and paid by the Owner out of such monies as may be • due or that may thereafter at any time become due to the Contractor under and by Virtue of this agreement. And in case such expense is less than the sum which would have been payable under this Contract, if the same had been com- pleted by the Contractor, then said Contractor shall be entitled to receive the difference. And in case such expense is greater than the sum which would • have been payable under this Contract, if the same had, been completed by said Contractor, then the Contractor and his Surety shall pay the amount of such excess to the Owner on demand from said Owner or Engineer of the amount so due. GC.25 PARTIAL PAYMENTS At the end of each calendar month the Engineer shall prepare a certificate estimating the total value of work done during the preceding month. The Owner shall thereafter pay to the Contractor on or about the I. tenth day of the current month the amount due as established by the Engineer, including the value of submitted paid invoices covering construction materials • which are required for the work which are stored at the job site or in a • bonded warehouse, less retainage specified below, further less all previous payments, further less five percent (5%) until the requirements of Section GC.26 of the General Conditions have been satisfied, and further less all amounts due the Owner. .I GC -9 1 ' Retainage shall be ten percent (10%) of the value of the work until the work is fifty percent (50%) complete, as determined by the Engineer. No further amounts will be withheld as retainage; as defined herein, after it has been determined that the work is fifty percent (50%) complete as described ' above. Retainage shall not apply to materials described above. GC.26 TAXES State Law requires the Owner to withhold five percent (5%) of any payment due a resident contractor until advised by the Commissioner of Revenues 'that all use tax due the State has been paid by the Contractor or that he has furnished bond to the State; five percent (5%) must also be withheld from a non-resident contractor until advised that the Contractor has registered with the State. The Contractor may avoid the five percent (5%) retainage by corn - plying with the law in advance of commencing performance. The five percent (5%) retainage referred to in this paragraph shall be in addition to any other retained percentage referred to in the Contract Documents. • GC.27 PAYMENTS WITHHELD 0 The Owner may withhold payment to the Contractor in the event of subsequently discovered evidence, nullify the whole or a part of any certificate or estimate for payment to such extent as may be necessary to protect the Owner from loss on account of: (a) Failure of the Contractor to remedy defective work or repair any pipeline leaks that may develop before or after any section of a pipeline is tested; before or after any section of a pipeline is placed in service; or at any time prior to the time that final payment is due. (b) Any unpaid claims or reasonable evidence indicating probable filing of such claims. ' (c) Failure of Contractor to make payments properly to subcon- tractors or for equipment, material or labor. (d) A reasonable doubt that the Contract can be completed for the balance then unpaid. (e) Damage to another contractor. (f) Failure to present proof of payment of applicable use taxes or failure to post bond with the Commission of Revenues as security. fl When the above grounds are removed, payment shall be made for amounts withheld because of them. GC.28 FINAL PAYMENT AND ACCEPTANCE Within thirty (30) days after satisfactory completion of the work and the compliance by the Contractor with all provisions of the Specifications and Contract Documents, the Owner shall pay to the Contractor the entire amount due, less all previous payments. rGC -10' •i If the work includes pipelines, pumping facilities or other structures, the Contractor shall maintain the work for a period of ninety (90) days following its acceptance by the Owner. All prior payments shall be subject to correction in the final payment. • Prior to final payment the Contractor shall furnish the Owner with satisfactory evidence that all persons who have done work or have furnished equipment or material have been fully paid or shall file statements showing balance due on all accounts. The Owner may withhold the amount of any liable claims against the Contractor pending the result of legal or other adjudication thereof. GC. 29 O::ER' 5 AND ENGINEER'S PROTECTIVE LIABILITY L III ..:. Section GC.15, PROTECTION OF 'JC:RRK AND PROPERTY, ra wires the Contractor to indemnify and save harmless the Owner and the !?ngincsr because of alleged liability of the Owner or the Engineer. The Contractor shall exercise proper precaution for the protector; of persons and property. The Contractor shall obtain insurance rur.- ning for the construction period of the project -taming as the insured the.Jorgensen & Associates, Consulting Engineers, 2863 Cld Missouri Rd., Fayetteville, Arkansas. Such insurance shall be in`_orm anc substance similar to Railroad Protective Liability Policy es approved by Federal, StaLP,. and Railroad agency Limits of Iisbi11ty shall Ue the following: Bodily Injury Liability (Including Death) $1,000,000 each occurrence Physical Damage Liability (Damage to or Destruction to Property $250,000 each occurrence $500,00 each aggregate GC. 30 LINES AND GRADES ' The Engineer will set all points and stakes as necessary to control the work of the Contractor. Such control points and stake=_ ii be sufficient means of alignment and grade control (as required). The Contractor shall exercise diligence in the preservation "ft control_ points and stakes. Should any such become displaced, or show_d there be reason to believe that any such may have been displaced, t:.c Contractor shall notify the Engineer thereof immediately. Any control point or stake requiring resetting because of the Contractor'_ negligence, will be reset by the Engineer but at the expense of the Contractor. IGC. -11 II SPECIAL CONDITIONS SC.1 GENERAL In case of conflict between any of the Contract Documents, priority of interpretation shall.be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement,.Notice -to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. SC.2 ENGINEER The word "ENGINEER" in these Specifications shall be understood as referring to .Jorgensen& Associates, Consulting Engineers, Fayetteville Arkansas, ENGINEER of the OWNER, or such other representative as may be authorized by said OWNER to act in any particular position. SC.3 LOCATION OF PROJECT This project is located within the proximity of the City of Fayetteville, Arkansas. A map showing the general location is in- cluded in the Plans. SC.4 SCOPE OF WORK The work to be performed under this Contract consists of furnishing all materials, labor, supervision, tools and equipment necessary for Ash Street Improvements. SC.5 TIME ALLOTTED FOR COMPLETION The time allotted for completion of the work shall be within ( 60) calendar days, which time shall begin within ten (10) days of the work order or notice toproceed, or upon the date the Contractor moves on the site to begin the work, which- ever is the earliest date. After award of the Contract is made and the Contract Documents are complete, the Engineer shall issue a Work Order notifying the Contractor to proceed with the construction of the project, subject to the provisions of this paragraph. SC.6 FORMS, PLANS AND SPECIFICATIONS Forms of Proposal, Contract and Bonds, and Plans and specifications may be obtained from Jorgensen& Associates, Consulting Engineers, 2863 Old Missouri Rd , Fayetteville, Arkansas, upon payment of _ No refund will be made. SC -1 SC.7 PAY ITEM DESCRIPTION The Proposal contains a list of unit price payment items and some lump sum price payment items. The components of the various pay items are discussed in the MEASUREMENT AND PAYMENT paragraph of these Specifications. Of necessity the items described as components are discussed in a general manner only, describing the major pieces of equipment and/or materials. Any item and/or appurtenance not specifically mentioned shall be considered a portion of the bid item to which, in the opinion of the Engineer, its function is most directly related. Failure to list all items and/or appurtenances does not relieve the Contractor from furnishing all apparatus, devices, labor or materials of whatever nature required for a complete and operating installation in accordance with the intent of the Drawings, approved Shop Drawings and these Specifications. The successful Contractor shall, as soon as possible after award of the Contract, submit a list itemizing the components of each lump. sum bid item and their respective costs to be used as an aid in the preparation of partial payments. SC.8 AWARD OF CONTRACT The Owner will notify the successful Bidder in writing within thirty (30) days after the date of receiving bids of its acceptance of his Proposal. The Contractor shall complete the execution of the required Bond and Contract within ten (10) days of such notice. SC.9 LIQUIDATED DAMAGES FOR DELAY The Contractor agrees that time is the essence of this Contract and that for each day of delay beyond the number of calendar days herein agreed upon for the completion of the work herein specified and contracted for after due allowance for such extension of time as is provided for in the General Conditions of Agreement, the Owner may withhold, permanently, from the Con- tractor's total compensation the sum of Two Hundred Fifty Dollars ($250.00) a; stipulated damages for each day of such delay. SC.10 EXAMINATION OF SITE OF PROJECT Prospective bidders shall make a careful examination of the site of the project, soil and water conditions to be encountered, improvements to be protected, disposal sites for surplus materials not designated to be salvaged materials, and as to method of providing ingress and egress to private pro- perties, and methods of handling traffic during construction of the entire project. SC.11 SEQUENCE OF No specific order or sequence of work is required. However, due to the urgency of the project, the Contractor will be expected to staff the project as required in order to complete the work in the time allotted. The SC -2 1 I '- Contractor shall submit a detailed work schedule to the Engineer for approval as soon as possible after award of the Contract. SC.12 ADDENDA Bidders desiring further information or interpretation of the Plans or Specifications must make request for such information to the Engineer prior to forty-eight (48) hours before the bid opening. Answers to all such requests will be given in writing to all bidders, in addendum form, and all addenda ' will be bound with and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from, the Plans, Specifications, or other Contract Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written addendum may be sent to all bidders. Any addenda issued prior to twenty-four (24) hours of the opening of bids will be mailed or delivered to each Con- tractor contemplating the submission of a Proposal on this work. The Proposal as submitted by the Contractor will be constructed as to include any addenda if such are issued by the Engineer prior to twenty-four (24) hours of the opening of bids. ' SC.13 PERMITS AND RIGHTS -OF -WAY All construction included herein is on public property or property ' or easements owned by the City of Fayetteville, - The Contractor shall confine his operations to these properties and/or easements. SC.14 REFERENCE SPECIFICATIONS Where reference is made in these Specifications to specifications compiled by other agencies, organizations or departments, such reference is made for expediency and standardization and such Specifications referred to are hereby made a part of these Specifications. Sc. 15 PUBLIC UTILITIES AND OTHER PROPERTY TO BE CHANGED ' In case it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of ' public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this Contract. 1 SC-& -- 1 SC.16 USED PIATERIALS No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without written consent of the Engineer. _ SC.17 EXISTING STRUCTURES The Plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades or requires the building of special work, provisions for which are not made in the Plans and Proposal, in which case the provisions in these Specifications for extra work shall apply. The Contractor shall be responsible fot protection of all existing structures and any damage caused by his operations shall be repaired immediately without cost to the Owner. It shall be the responsibility of the prospective Contractor to examine the site completely before submitting his bid. SC.18 USE OF EXPLOSIVES No blasting or use of explosives will be permitted on this project. . SC.19 BARRICADES, LIGHTS AND WATCHMEN ' Where the work is carried on in or adjacent to any street, alley or public place, the Contractor shall, at his own cost and expense, furnish and erect such barricades, fences, lights and danger signals, shall provide such watchmen, and shall provide such other precautionary measures for the pro- tection of persons or property and of the work as are necessary. Pedestrian safety and vehicle safety are of utmost importance on this project. I. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one light at each barricade and sufficient number of barricades shall be t erected to keep vehicles from being driven on or into any work under construc- tion. The Contractor shall furnish watchmen in sufficient numbers to protect the work. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, lights, and watchmen to protect it and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by the Contractor at his cost and expense. The Contractor's responsibility for the maintenance of barricades, ' SC -4 II • signs and lights and for providing watchmen shall not cease until the project shall have been accepted by the Owner. H I I SC.20 FENCES AND DRAINAGE CHANNELS Boundary fences or other improvements removed to permit the instal- lation of the work shall be replaced in the same location and left in a condition as good or better than that in which they were found except as indicated on the Drawings. Such replacement or restoration shall be paid for as shown in the Unit Price Schedule. Where surface drainage channels are disturbed or blocked during construction they shall be restored to their original condition of grade and cross section after the work of construction is completed. SC.21 DISPOSAL OF WASTE MATERIALS All trees, stumps, slashings, brush or other debris removed from the sites as a preliminary to the construction work shall be removed from the property and disposed of in a manner approved by the Engineer. ' All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner, except in locations where, in the judgment of the Engineer, it can be neatly spread over the adjacent area. ' SC.22 WATER FOR CONSTRUCTION Water used for the mixing of concrete testing or any other purpose incidental to this project will be furnished by the Contractor. The Contractor ' shall make the necessary arrangements for securing and transporting such water and shall take such water in a manner and at such times that will not produce a harmful drain or decrease of pressure in the City's water system. No separate payment will be made for water used but the cost thereof shall be included in the various items of the Proposal and Bid Schedule. SC.23 GUARANTY AGAINST DEFECTIVE WORK The Contractor shall indemnify the Owner against any repairs which may become necessary to any part of the work performed under this Contract arising from defective workmanship or materials used therein for a period of one (1) year from the date of final acceptance of the entire project. ' SC.24 COORDINATION WITH OTHERS The Contractor shall coordinate his activities with other IContractors that may be working on separate work in this area. SC:25 MATERIAL STORAGE ' Materials delivered to the site of the work in advance of their use shall be stored so as to cause the least inconvenience and in a manner satis- factory to the Engineer. SC -5 I. I SC.26 EXISTING UTILITIES AND SERVICE LINES ' The Contractor shall be responsible for the protection of all existing utilities or improvements crossed by or adjacent to hisconstruction operations. Where existing utilities or service lines are cut, broken or damaged, the Contractor shall replace or repair immediately the utilities or service lines with the same type of original material and construction, or better, at his own cost and expense. SC.27 TESTING, INSPECTION AND CONTROL Testing and control of all materials used in the work shall be done by an approved commercial laboratory employed and paid directly by the Owner I. unless otherwise specified in the Technical Specifications. .The Contractor shall furnish, at his own expense, all necessary specimens for testing of the materials as required by the Engineer. SC.28 CLEAN-UP At the conclusion of the work all tools, temporary structures and ' materials belonging to the Contractor shall be promptly removed and all dirt, rubbish and other foreign substances shall be disposed of in a manner satis- factory to the Engineer. ' SC.29 BOND Coincident with the execution of the Contract, the Contractor shall ' furnish a good and sufficient surety bond in the full amount of the Contract sum guaranteeing the faithful performance of all covenants, stipulations and agreements of the Contract, the payment of all bids and obligations arising ' from the execution of the Contract, which bills or obligations might or will in any manner become a, claim against the Owner, and guaranteeing the work included in this Contract against faulty materials or poor workmanship for one (1) year after the date of completion of Contract. All provisions of the bond shall be complete and in full accordance with statutory requirements. The bond shall be executed with the proper sureties through a company licensed and qualified to operate in the State and • approved by the Owner. The issuing agent's power of attorney shall be attached to the bond and the bond shall be signed by an agent resident in the State and date of bond shall be the date of execution of the Contract. If at any time during the continuance of the Contract the surety on the Contractor's bond becomes irresponsible the Owner shall have the right to require additional and ' sufficient sureties which the Contractor shall furnish to the satisfaction of the Owner within ten (10) days after notice to do so. In default thereof, the Contract may be suspended and all payments or money due the Contractor withheld. SC.30 COPIES OF PLANS AND SPECIFICATIONS FURNISHED ' Three (3) sets of Plans and Specifications shall be furnished to the Contractor, at no charge, for construction purposes. Additional copies may be obtained at cost of reproduction upon request. 1 I SC-6 Ii TECHNICAL .SPECIFICATIONS I,1 SECTION 1 EXCAVATION, CLEARING & GRUBBING 1.1 GENERAL The work to be performed under this section shall consist • of furnishing all labor, equipment and materials and in performing all work in connection with clearing and grubbing. This work shall ' consist of the removal of all stumps, debris and.other obstacles that may obstruct the construction of the work and the proper disposal of the same. ' 1.2 EXCAVATION - CLEARING - GRUBBING The entire width of the right-of-way and all areas re- quired for, inlet and outlet ditches, or any other areas de- signated on the plans or by the Engineer shall be cleared of all trees, brush, logs, weeds, undergrowth, rubbish, other such matter, I. except such trees and shrubs as may be designated by the Engineer for preservation; sod shall be cleared from all areas to be covered by embankments. All trees and shrubs which are to be ' left standing shall be marked by the Engineer and shall be pro- tected carefully during the construction period. The excavation • shall conform to the dimensions and elevations indicated on the ' drawings. Excavation shall also include such shaping and sloping as is necessary for the construction, preparation and completion of all embankments, subgrades, shoulders, slopes, gutters, inter- sections, approaches, and private entrances to the required alignment, grade and typical section. During construction of the roadway, the roadbed shall ' be maintained in such condition that it will be drained satis- factorily at all times. Side ditches or drainage outlets emptying from cuts to embankments shall be constructed so as to couse a minimum of damage to embankments by erosions, solid rock excavation and excavation in areas of unsuitable material shall be carried below subgrade to the depth of a minimum of 8 inches, or as shown on the plans and shall be backfilled to the subgrade and shoulder surface ' desired with approved embankment material, selected material or subbase material, using for this work the classification of ma- terials as shown on the plans or as directed by the Engineer. I. I I 1-1 I.. in solid rock or other materials which in the judgement of the Engineer require a modified slope, all slopes shall be trimmed to the slopes shown in the cross section drawing, and care must be exercised 1 that no material shall be loosened below the required slope. In blasting rock on side slopes a reasonable uniform face shall be left, regardless of whether or not the excavation is carried beyond the specified slope, all breakage and slides shall be removed by the ' Contractor and disposed of as directed by the Engineer. All roots, stumps and other foreign matter in the sides and bottoms of the ditchess or drainage outlets shall be removed or cut to conform to the slope, grade and shape of the section shown. Side ditches shall be excavated true to line and grade as shown on the plans or plat as filed, or as directed by the Engineer. I. Solid rock and detached boulders shall be broken up so that no fragment having any dimension greater than 30 inches shall be placed in any ' roadway embankment. Boulders and rock fragments not incorporated in embankments shall not be left scattered about over the right-of-way but shall be gathered t and placed in neat piles at designated locations on the right-of-way or otherwise disposed of as directed by the Engineer. I L I 1 I I fl I ' 1-2 TECHNICAL SPECIFICATIONS SECTION 2 ROADWAY CONSTRUCTION 2.1 ROADWAY EMBANKMENT This work shall consist of the preparation of the site and the construction of embankments by placing and compacting earth, rock, gravel or other suitable materials above the natural ground. cr other surface in accordance with the requirements of these specifications, and in conformity with the lines, grades and cross sections shown on the plans or filed plat of subdivision or es- tablished by the Engineer. Material for embankments shall be taken from roadway excavation, drainage excavation, excavation for structures, or from other sources as may be specified on the plans, filed plat or directed by the Engineer. Embankments shall be formed of suitable and satisfactory material with such moisture content that it can be handled. Logs, stumps, rubbish, vegetation, or other perishable or unsuitable material shall not be placed in embankments. All sod shall be removed from the area on which the embankment is to be constructed and placed on the embankment slopes. Where embankments occur in side hill work, the natural downhill slope shall be plowed or stepped to indure a stabel embankment. In cases where widening an existing embankment is necessary, the slopes of the 'old em- bankment shall be plowed before the placing of additional materal. ' If rock is used for umbankment, no Large stones will be allowed but must be distributed over the area so as to avoid pockets and spaces shall be filled with small stone or earth to the extent ' practicable and feasible. No part of the rock fill will be permitted higher than one foor below finished subgrade.• No rock with any dimension greater than 30 inches shall be placed in any embankment. IIn those portions of embankments which are immediately adjacent to structures or are for other reasons inaccessible to the compaction equipment in use, only material susceptible of compaction shall be used and it shall be placed in successive horizontal layers of not more than 4 inch thickness, loose measure- ment. Each layer shall be uniformly mixed and thoroughly con- , solidated to the satisfaction of the Engineer by the use of mechanical equipment; hand methods of compaction will not be permitted. ' The embankment shall be started full width to the slope stakes and shall be constructed to the specified grade over the full width in uniform layers parallel to the finished surface and not more than 8" in thickness. Each layer of embankment shall be compacted evenly and ' densely by distributing the movement of construction equipment uniformly over the entire embankment area. Compaction shall be to 90% modified proctor as determined by AASHTO T -18O. i 2.2 SUBGRADE This work shall consist of shaping, compacting, and other _ wise preparing the completed roadbed for the placing of base and surface courses and pavements, all in accordance with the require- , ments of these specifications and in conformity with the lirms, grades, and cross sections shown in the plans. The subgrade area shall be scarified as may be necessary for shaping, and shaped and compacted to the required grade and section. The top 8" of the subgrade shall be compacted to a density of notless than 95% of the maximum density obtained by the Standard Method of Test for the Compaction and Density of Soils, A.A.S.H.T.O. or AASHTO, Designation T-99 with correction as may be necessary for granular material. All soft and.yielding material and other portions of the subgrade which will not compact readily when rolled or tamped shall be removed and'all loose rock or boulders projecting above the surface of the subgrade shall be broken off. All holes or. depressions made by the removal of unsuitable material as directed above shall be filled with approved material and the subgrade brought to the lines, grade and cross section shown on the plans and compacted to the required desity. 2.3 SUBBASE This item shall consist of a foundation course for base courses. It shall be composed of gravel or crushed stone and shall be constructed on the prepared subgrade or other completed base course in accordance with these specifications and in conformity with the lines, grades, compacted thickness, and typical cross section shown on the plans. Subbase material shall consist of crushed or uncrushed bank gravel, or of crushed stone, witlL a maximum nominal size of two inches. The material furnished shall be free from sod, roots or other deleterious matter, it shall be reasonably well graded from coarse to fine so that it can be compacted to a dense stable. surface satisfactory for placing the base course. 2-2 iI The material furnished shall. conform to the following requirements: A. GRADATION: ' TOTAL PASSING SEIVE PERCENT BY [EIGHT 2" 95-100 3/4" 60-100 - No. 4 30-60 No. 10 20-50 No. 40 10-35 • No. 200 3-15 ' The fraction passing the No. 200 Sieve shall not be greater than three -fourths the fraction passing the No. 40 Sieve. ' B. PLASTICITY: Minus No. 40 Material, Liquid Limit 30 maximum ' Plasticity Index 10 maximum 2.3 BASE ( For ACHM ) • ' The base material shall consist of a mixture of crushed stone and natural fines, and shall have a percent loss by the Los Angeles Test (AASHTO T_96) not greater than 45. The material shall contain no more than 5%, by weight, of deleterious material. The crushed stone base material shall meet the following gradation requirements: TOTAL PERCENT RETAINED BY WEIGHT SIZE OF SIEVE SB-2 SB-3 1" 0 0 • 3/4" 10-50 0-35 jp4 50-75 50-75 • #40 70-90 70-90 v200 90-97 90-97 ' The fraction passing the No. 200 sieve shall not be greater than 2/3 the fraction passing the No. 40 sieve. The fraction passing the No. 40 sieve shall have a liquid limit (LL) not greater than 25 and a plastic index (PI) not greater than six (6). 'The depth of the crushed stone base course shall be S". • The base course shall be placed on an approved subgrade and spread uniformly in such a manner that no segregation of coarse and fine ' particles will accur. Under no circumstances shall the base course • be placed on a frozen subgrade. I I ' 2-3 The base course shall be constructed in layers not exceeding eight (8) inches of compacted depth at substantially optimum moisture. The contractor must be capable of compacting the material at this depth, otherwise the material be placed and compacted in layers. The density the compacted material in each layer, as determined by AASHTO T 191 or T 238, shall not be less than 95% of the maximum density as obtained by AASHTO T 180, (Modified Proctor). 2.4 SURFACE COURSE(ACH4) (High Stability) The surface course shall meet the AHTD Standard Spec forhig}i.ity Hot Mix Binder and Surface courses with the following exceptions: The depth of the Asphalt Hot Mix Surface Course shall be 2" plus any additional depth required as a result of deficient depth(s) of binder and base material. The crushed stone base course shall be primed. The prime coat shall meet the AHTD Standard Specification requirements for Prime Coat. The prime shall, cure for at least 72 hours, or as approved by the Street Superintendent before placing any asphalt layer. Unless otherwise directed by the Street Superintendent, a tack coat shall be used between succeeding asphalt layers. The tack shall meet the AHTD Standard Specification requirements for tack coat. The binder course shall meet the gradation requirements for Type II Binder Course or Type II Surface Course. The surface course shall meet the gradation require- ments for Type II or Type III Surface Course. The binder and surface course shall be designed with a minimum 50 blow Marshall stability of 1,000 pounds; a flow of 8 to 16; and 2 to 5 percent air voids. A job mix formula shall be established for both the binder course and the surface course. • The Supplier shall submit a Materials Certification • ,giving the stability, gradation, asphalt content, and •maximum theoretical density of the mix. Both binder course and surface course shall be compacted to a minimum. of 92% of maximum density as determined by the 50 blow Marshall design procedures. If the nuclear guage is used to determine density, it must be correlated with cores taken from the roadway. 2-4 n H I 2.5 7 l� I I I E I The minimum thickness of binder or surface course shall be 2 inches. The maximum thickness that can be placed is 4 inches provided the contractor can demonstrate that he can obtain the required density. In no case shall the speed of any roller exceed 3 mile per hour. If a vibratory roller is used for compaction, special care shall be taken not to de -compact the mixture by over roiling. The number of roller passes is very critical to proper compaction. SURFACE COURSE (CONCRETE) Portland Cement Concrete Pavement shall meet the S.HTD Standard Specification with the following exceptions: 1) The depth of the Concrete Pavement shall be within + or of the required depth (6"), plus any additional depth required as a result of deficient subbase depth. The average of all depth measure- ments shall be not less than that required depth (6"). 2) Concrete shall minimum 28 day and a minimum concrete shall be 2" to 4" if used and 1" to is used. be a minimum 5½ sack mix and have a compressive strength of 4200 psi flexural strength of 600 psi. The be air entrained. The slump shall conventional paving equipment is 2" of slipform paving equipment 3) The concrete shall be placed on a 'fine -grade'' course of SB-2 This "fine -grade" course shall be a minimum of 2" thick. Prior to placement of the concrete, this "fine -grade leveling course shall be wetted by fine spray. Following placement of concrete and after con- solidated and struck -off with a transverse screed, it shall be checked for surface smooth- ness with a 10' straightedge parallel to the centerline. Any surface irregularities shall be corrected while the concrete is still workable. I -5 5) NJ The Concrete pavement shall be cured with curing compound meeting the AL -LTD requirements. Pavement lanes shall have #4 reinforcement 30" long C_' 36" o.c. 7) Transverse joints to the centerline depth shall be 11. center -line joint and 3:" wide. All joint material or shall be sawed perpendicular and C= 15' o.c. The joint and 1 wide. The longitudinal shall also be sawed 1y" deep ins shall be L-illed silicone preformed joint materiai. I I TECHNICAL SPECIFICATIONS I SECTION 3 STORM DRAINAGE 3.1 DESCRIPTION OF WORK The work to be performed under this section of the Spec- ifications shall consist of furnishing and installing Storm drainage pipe and structures, including pipe fittings, and all clearing, grubbing, excavation, sheeting, shoring, dewater- ing, pipe laying, jointing, backfilling, disposal of surplus materials and, any other work that is required or necessary to 1 complete the installation as shown on the Plans and as speci- fied herein. 3.2 DRAINAGE PIPE MATERIAL ' Reinforced concrete pipe shall conform to AASHTO M 170 for circular pipe and to AASHTO M 206 for arch shaped pipe. Class III shall be the minimum class of pipe used. The joint seal shall be either cement mortar, 3 parts sand and 1 part cement, or cold applied performed plastic gaskets ' comforming to AASHTO , 198, Type B. Corrugated steel pipe shall conform to AASHTO M 36, 1 AASHTO 41 190 for coated pipe and to AASHTO M 218 for sheets to form pipe. As an alternate to bituminous coated pipe, precoated pipe meeting the requirements of AASHTO fy 245 and M 246, for Type B may be substituted. The manufacturing and furnishing. of corrugated aluminum pipe shall conform to the requirements of AASHTO M 196 and to AASHTO M 197for sheets to form pipe. • All flared end sections shall be reinforced concrete. ' The reinforced concrete flared end sections for circular and arch concrete pipe shall meet the applicale requirements for Class II or higher class of pipe. I. Corrugated metal pipe shall be capable of withstanding a H-20 load. Coupling bands for corrugated metal pipe shall be the same metal as used in the pipe and shall be a single or double piece with bolts and angles. All pipe shall have a minimum cover at subgrade elevation of one (1) foot at the shoulder or curb, unless otherwise approved by the Street Superintendent. 3-1 ' 3.3 EXCAVATION Excavation shall include the removal of any trees, stumps, brush, debris or other obstacles that may obstruct the line of work and the excavation and removal of all earth, rock or other materials to the extent necessary to 'install the pipe and appurtenances in conformance with the line and grades shown on the Plans or as specified. 1 The sides of all trenches shall .be cut as nearly vertical as possible from the bottom of the trench to a point 12" above the top of the pipe when it is laid to grade. The minimum width of trench in which the pipe may be installed shall not be less than 8" plus the outside diameter of the pipe, and the maximum width shall not exceed 20" plus the outside diameter of the pipe. Whenever the prescribed maximum trench width is exceeded, the 'Contractor shall cradle the pipe from 4" below the outside bottom of the pipe to the springline of the pipe (minimum), extending from wall to wall of the trench with Class "C" concrete, and the additional coat incurred shall be borne by the Contractor. In all cases, the net load on the pipe shall be equal to or less than the load on the pipe with the trench cut properly. Nothing herein shall be construed as prohibiting the Contractor from moving the upper portion of earth to a depth 12" above the,top of the pipe, in sections of the line where the cut is deep, by means of scrapers, bulldozers, or other dirt moving equipment, as a preliminary to trenching for the pipe if he elects to do so. In caving ground, or in wet, saturated or flowing materials, the sides of all trenches and excavations shall be adequately sheeted and braced so as to maintain the excavation free from slides or cave-ins and safe for workmen. ISheeting and shoring shall not be left in place unless its removal is impractical, as determined by the Engineer. There shall be sufficient pumping equipment, in good working order, available at all times to remove any water that accumulates in excavations. Where the pipe line crosses natural drainage channels, the work shall be con- ducted in such a manner that unnecessary damage or. delays in the prosecution of the work will be prevented. Provisions shall be made for the satisfactory disposal of surface water pumped so as to prevent damage to public or private 1 property. All pipe lines shall be laid in a gravel or crushed stone cradle to the dimensions indicated on the Drawings to the spring - line of the pipe. Gravel cradle shall not be measured for sep- arate payment, but shall be considered subsidiary to the installa- 1 don of the pipe lines. In cases where the soil conditions dictate, and as directed in writing by the Engineer, concrete cradle shall be substituted for gravel dradle, in which case, the concrete cradle shall be paid for as Extra Class C concrete. .1 3-2 :! 'Excavated material shall be piled adjacent to the work to be used for backfilling as required. Where required, desirable topsoil shall be piled separately in a careful manner and replaced in its original position. 1 Excavated material which is unsuitable for backfilling, and excess material, shall be disposed of in a manner -approved by the Engineer. I. Use of explosives will not be permitted. GRADES • The grade elevation shown in the Plans is the invert elevation, or lowest point, of the inside barrel of the pipe, except as noted on the Drawings. The pipe shall ran on straight grades between the elevations shown. The Contractor shall establish the grade line in the trench from control points set by the Engineer. t3.5 PIPE LAYING AND JOINTING Each joint of pipe shall be inspected carefully before being placed in the trench. Any joint found to be cracked, or otherwise so damaged as to impair its usefulness, shall be plainly marked in such manner that the marking will not rub or wash off. Damaged joints shall be removed from the site as soon as feasible. All sever pipe shall be laid with the bell upstream. Each pipe shall be laid to plan line and grade, or to line and grade directed by the Engineer, using batter boards and top line. Each pipe shall be plumbed for • line with the plumb bob, and graded for elevation with the grade stick. Care shall be taken that each spigot is centered properly in the bell of the pre- • ceding pipe and that each pipe is solidly bedded. As the work progresses, the pipes shall be cleaned of all dirt and other foreign. matter. At the end of each day's work, and when for any reason the laying of pipe will be discontinued for an appreciable period, the open end of the pipeline shall be closed temporarily. Except by specal permission, no pipe shall be laid unless the Inspector is present. 1 I. 3-3 The cutting of pipe for any renew shall be done in a neat and I_ workmanlike manner without damage to the pipe. Pipe shall be lowered carefully into the trench in such manner that the spigot and bell will not become contaminated. Spigot and bell shall be checked for cleanliness immediately before insertion of spigot into bell. Spigot and bells shall be cleaned thoroughly before the application of lubricant and attachment of the preformed joint gasket. Application of lubricant and attachment of the gasket shall be in strict accord with the joint asnufacturer'a recommendations; they shall be done at the tile, ahead of I. insertion of spigot into bell, as recommended by asnufacturer. Insertion of spigot shall be for the full depth of socket to attain firs contact with shoulder of bell. 36. MILLING I Backiilling shall include the refilling and consolidating of the fill in trenches and excavations up to the surrounding groand surface. • Backfilling shall be done with good earth, sand or gravel and shall be free from large rocks or hard lumpy material. No material of a perishable, spongy or otherwise unsuitable nature shall be used in baekfilling. 'After the pipe and embedment have been placed, the method of back - filling pipe trenches shall be as follows: Selected material shall first be taken from the spoil bank and hand placed on both sides of the -pipe simultaneously in layers of not more than 6" in loose thickness and these layers shall be firmly compacted by hand or mechanical tamping. The layers of backfill shall be sprinkled lightly with water if additional moisture is required for proper compaction. This process of filling and tamping in layers shall be continued until the backfill is brought up to 1' above the top of the pipe. The remainder of the trench or excavation may be`backfilled by means of any approved method.,^ t.-_ - •_ cti t- ,- Ezcavated material which is unsuitable for backfilling, and excess material, shall be disposed of in a manner approved by the Engineer. iNo earth moving equipment or other machinery shall move across a pipeline that does not have sufficient cover to withstand the loads that would be induced. 3s4L : PROTECTION OF PIPELINE Well fitted stoppers or bulkheads shall be securely placed in all openings and in the end of the line when construction is stopped temporarily and at the end of each day's work. It shall be the responsibility of the Contractor to deliver to the Owner a pipeline which is clean throughrut its entire length. 3:$r CONCRETE BLOCKING Class "C" concrete shall be placed for blocking at each change in ' direction of the pipeline in a manner which will substantially brace the pipe against undisturbed trench walls. i3-4 [I 1 3.9 HEADWALLS DROP INLETS AND JUNCTION BOXES All drainage structures shall be constucted of reinforced concrete. All concrete shall be a minimum 5 ½ sack mix and have a 28 day compressive strength of 4,000 psi and a flexure strength of 600 psi. The minimum thickness of reinforced concrete walls, floors, and tops shall be six (6) inches. Concrete drainage structures shall be constructed with reinforcing steel having a miximum spacing of tweleve (12) inches on centers and a minimum size of number four (4) bar. Concrete bottoms for structures shall be poured at least 24 hours prior to beginning construction of the vertical walls. Junction boxes shall have a minimum interior dimension of four (4) feet. Walls shall be constructed to form a tight joint with the floor and around the inlet and outlet pipes. The pipes shall be flush with the inside surface of the wall. Unless otherwise directed by the Street Superintendent, all drop inlets, junction boxes and box•culverts shall have 2 inch to 3 inch weep holes at the subgrade elevation. Headwalls shall be constructed on the upstream and downstream sides of the storm drainage system where no other drainage structures are required, or flared end sections may be used when approved by the Street Superintendent. 3.10 RINGS, COVERS, GRATES & FRAMES ' Iron castings shall conform to ASTM A 48 Class 30A for Gray Iron Castings The combined weight of the ring and lid for sidewalk type shall be a minimum of 125 pounds and for the street type shall be a minimum of 300 pounds. 1 I ri Li 1 3-5 TECHNICAL SPECIFICATIONS SECTION 4 TESTING 4.1 INSPECTIONS The following three (3) types of inspections will be made durin; the progress of the project. a. Intermediate Progress Inspections which can be made at any time. b. Phase Inspections which are REQUIRED at the completion of a major phase of work and prior to the start of the next phase of work. c. Final Acceptance Inspection which will be made upon the com- pletion of all work. All inspections will be made by the Street Superintendent or his designated representative. The Phase Inspections and the Final Inspection will be made with the Contractor and the Engineer. The Street Superintendent has the authority to increase the amount of inspection and/or sampling and testing. A Phase Inspection is REQUIRED upon the completion .f the follow- ing phases of work. a. Completion of the Subgrade. b. Completion of the Base Course and Curb and Gutter. c. Completion of the Paving. Any work performed on a Phase prior to the approval of the previous phase shall be removed and replaced with satisfactory materials and workmanship. All unsatisfactory work or materials shall be re- moved and replace with satisfactory materials and workmanship. If the project is long, the Phase Inspections may be made on a smaller portion of the project, but not less than 1,000 feet in length. The Engineer is responsible for contacting the Street Superintendent at least 24. hours prior to the need of a•major phase inspection. The Engineer will accompany the Street Superintendent and/or his designated representative on all inspections. 4-1. I I. In the case of failing tests or poorworkmanship, the Street Superintendent may direct the Lab Engineer to perform additional sampling and testing. The following is the minimum sampling and testing frequency:. a. Cross Drain Backfill - minimum of 1 density test per pipe or box culvert locations b. Storm Drain Backfill - Minimum of 1 density test per 500 lineal feet of pipe when the storm drain is. located in the street or under the curb and gutter. c. Embankment - Minimum of 1 density test per layer per 500 lineal feet of roadway. d. Subgrade - Minimum of 1 density test, 1 Liquid (Ti.) and 1 Plastic Index (PI) per 500 lineal feet of roadway with a minimum of 3 density tests per project, and 1 sieve analysis per project for subgrade soil classification. e. Base Course - Minimum of 1 density test and 1 depth measurement (depth sounding) per 500 lineal feet of roadway, with a minimum ' of 3 density tests and 3 depth measurements per project. Also, there will be a minimum of 1 gradation test and 1 PI test per project. ' f. Asphalt Stabilized Base (Black Base), ACHH Binder, and ACLAL Surface Courses - For each material, a minimum of 1 density 1 test and 1 depth measurement per 500 lineal feet of roadway, with a minimum of 3 density tests and 3 depth measurements per project. Also, there will be a minimum of 1 extraction to determine the asphalt content and aggregate gradation for each material for the project. g. Structural Concrete for Drainage Structures - A minimum of one (1) set of three (3) concrete cylinders per 50 cubic yards of concrete or portion thereof. One (1) cylinder will be broken at 7 days and the other two (2) will be broken at 28 days. I I I 4-2 h. Structural Concrete for Curb and Gutter - A minimum of one (1) set of three (3) concrete cylinders per 1000 lineal feet of curb and gutter. One (1) cylinder will be broken at 7 days and the other two (2) will be broken at 28 days. i. Concrete Pavement - A minimum of one (1) set of three (3) concrete cylinders per 500 lineal feet of pavement, with a minimum of one (1) set per project. The set shall be broken in 7 and 28 days as described above. Also, one (1) core and depth measurement per 500 feet of completed pavement with a minimum of 1 per project. I 4-3