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HomeMy WebLinkAbout158-90 RESOLUTIONRESOLUTION NO. 158-90 A RESOLUTION AUTHORIZING A CONTRACT WITH JERRY D. SWEETSER, INC. TOR PUMP STATION ROAD -STREET IMPROVEMENTS PROJECT AND APPROVING A BUDGET ADJUSTMENT FOR THE PROJECT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a construction contract in the amount of $301,939.65 with Jerry D Sweetser, Inc. for the Pump Station Road -Street Improvements Project. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Board of Directors hereby approves a budget -adjustment in the amount of $77,000.00 from the Sales Tax Construction Fund to combine with the Economic Infrastructure Fund and Capital Improvement Bond Issues funds set aside for this project. A copy of the budget adjustment authorized for execution is attached hereto marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this 16th day of October , 1990. ATTE8t., ke flEY: City C z = '2 —.us. 4"• APPROVED: By: Mayor 4-4 0I DEPARTMENT BUDGET YEAR 4:1 • CO 0 1.1 W 0 14) U 1:4 O .r1 8 r0 W 41 > 1-1 V) Hi 41 ' 01 CU H cn /4 4) W 4.1 03 1.4 VI k 0 CO 44 0 44 1 0 0 o 1 et O 0 0 1-1 O cd o o te ha 67-4 Cz1 *1-1 Cr -1 a 4.1 co 00 .1-1 (1.1 02 c.. 0 •r 0 0 0 4.1z F 0 0 . • 0 010 E.1 14 , z ON Irl 14 " Z 4J I 0 F 41 VI 00 o 0 i o o z0 z c o 0 0 0 In l'n Z 00 • 0 Z 0 C..) Po 0 1 i = o 0 C.1 TI 0 0 • 0 O00N10000 t0 000 0 N , c ,) in gn 0 0 X 0 0 00 TR 4 ca h• cc ON in en 1K 03 P1 4 -o r--. In ha H 1--. a 1-1 N 0 N N tt al 1"-- Lri 100 01 F <0-._l C 1041) Fl k (11- F I-1 ta 41 4/ (0- F 03 41 ..4. 44 01 1-1 0 V) (11 Ul (0 1/) A PROJECT OR ITEM REQUESTED THIS INCREASE: JUSTIFICATION OF OR ITEM DELETED to off set the expense. JUSTIFICATION OF THIS DECREASE BUDGET OFFICE USE ONLY 1 1 1 1 1 1 1‘1\01.1" • SPECIFICATIONS FOR STREET & STORM DRAINAGE CONSTRUCTION Pump Station Road West Pump Station Road East Armstrong Avenue Fayetteville, Arkansas • Job No. 90-147, NORTHWEST ENGINEERS, 524 W. Sycamore Fayetteville, Arkansas September 1990 INC. 72703 NORTHWEST ENGINEERS, INC. ADDENDUM NO. 1 September 13,1990 JOB NAME: Street Improvements, Fayetteville Industrial Park, Fayetteville, Arkansas JOB NO.: 90-147 DESCRIPTION OF CHANGE: The following shall be added to the "Detailed Specifications" for the project: 15. WORK ON STATE HIGHWAY RIGHT-OF-WAY. The following shall apply •to all work on State highway right-of-way: a) All work shall be accomplished and Advane Warniiig signs be placed in accordance with the current edition of the Manual of Uniform Traffic Control Devices. b) Any dirt, mud, or debris spilled or tracked on roadway will be immediately removed. c) The Contractor shall assume full responsibility for observing and complying with all federal, state and local laws or ordinances. d) The Contractor shall assume full responsibility for the maintenance of construction. e) The Contractor shall assume full liability for the work and hold harmless the Arkansas State Highway and Transportation Department in all respects. , --Se-kterribert:13 t990 Nort west Engineer RECEIPT ACKNOWLEDGED: DATE: 411211q0 Inc. b-SwerErrscre, Contractor 0042 MEW- as" NORTHWEST ENGINEERS, INC. ADDENDUM NO. .2 September 19, 1990 JOB NAME: Street Improvements, Fayetteville Industrial Park, Fayetteville, Arkansas JOB No. 90-147 DESCRIPTION OF CHANGE: On Sheet No. 3 of the plans for the project (Standard Details) the Standard Curb Detail for Concrete Street indicates a 7 1/2" pavement thickness by dimension and a 7" pavement thickness by note. The detail has been revised to reflect a 7 1/2" concrete pavement section fox the project as shown attached. Recom ended: September 19, 1990 fAildr-; Nort west Engineers Inc. RECEIPT ACKNOWLEDGED: Tc7p.ove b.cuoiblgvrive,.4:-4vc. ContractoroL.4:-... DATE: 91/190 sons . .•••••••. 1 1 1 1 1 1 1 ADVERTISEMENT FOR BIDS PROJECT NO. OWNER: CITY OF FAYETTEVILLE Sealed bids for street and storn. drainage construction in the Fayetteville Industrial Park will be received at the office of the City Engineer of the City of Fayetteville, 113 W. Mountain Street,. Fayetteville, Arkansas, until 2:00 P.M., local time on September 21, 1990, at which time the bids will be opened and read aloud. 1. Street and storm drainage improvements to Pump S tation Road east of State Highway 156 (Morningside Drive), approximately 1200 linear feet. 2. Street and storm drainaye improvements to Pump S tation Road east -of Armstrong Avenue, approximately 1300 linear feet. Addition of a turning lane to Armstrony Avenue at the State Highway 16 intersection. The Information for •Bidders, Form of Bid, Form of Contract, Plans, Specifications, Forms of Bid Bond and other contract documents may be examined at the office of Northwest Enyineers, Inc., 524 West Sycamore Street, Fayetteville, Arkansas. Copies may be obtained at the office of Northwest Engineers, Inc:, located at -524 West Sycamore Street, Fayetteville, Arkansas, upon payment of $35.00 for each set, which is not refundable. The Owner reserves the right to waive any informalities or to reject any or all bids. No bidder may withdraw his bid within 30 days after the actual date of'the opening thereof. • ,INSTRUCTION -TO BIDDERS . . • The City of Fayetteville, Arkandas, invites bids on the • form attached hereto, all blanks: of which must be ap- • propriately filled in. The Owner may consider informal • any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject' any and all bids'. Any bi'id received after the time and date specified shall not be considered. ; 2 Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 3 Each bid must be accompanied by cash, certified check of the bidder, or a bid bond duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining cash, checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the Contract, or if no award has been made within 30 days after the date of the opening of bids, upon demand of the bidder at any time • thereafter, so long as he has not been notified of the acceptance of his bid. 4. The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid., 5. Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. 6. Time is of the essence on this project. The attention of the bidders is directed to the amount and terms for liquidated damages incorporated into the contract. 1 1 1 1 ITEM NO. PROPOSAL FOR% STREET & STORM DRAINAGE CONSTRUCTION Pump Station Road West Fayetteville, Arkansas ITEM EST. QUANT. UNIT PRICE EXTENDED 1 Clearing & Grubbing Lump Sum $34001-2Q /LS $ 340o"252 meet fl4Ojr4 StA gvniorictf) Thwafas /LS Words 2 Earthwork Lump Sum $/611004'S /LS $ /40004212 sticreeN. rtitot6Aeol) DAC 4tAMOWD (--00-5 /LS Words 3 Undercut 600 CY $ 5a/ CY $ 3300..°9 Ss_ PIALt) /CY Words 4 18" CMP Culvert 26 LF* $ /8*° -9 /LF $ 41178M-2 GtfrEersi D—o Lt5...s; R.5 /LF Words 5 21" CMP Culvert 52 LF $ 021-PQ9 /LF $ I V -1S bk wervr V. -cue PO wiso s /LF Words 6 24" CMP Culvert 20 LF * $ 24-1•92 /LF $ tiE0-95 rweAry couQ TioLuiatt's /LF Words 7 18" Flared End Section 1 EA* $ )50.02 , /EA $ )5D*0 0 -co'fl gunDatts L.VWDo,..L.pas /EA • Words 8 21" Flared End Section 1 EA $ /70.°° /EA $ /754°D OrIC 14w.40 Res D. geod-.^.3brY cuilla.S IEA Words 00 9 Standard Curb Inlets 4 EA $ /00046— /EA $ 44000 Sa ONE ro-ousp,n40 bou-0.42S IEA Words IITEM ITEM EST. UNIT EXTENDED NO. QUANT. PRICE I10 Curb Inlet w/Extensions 1 EA $ 1700 99 /EA $ /100't9 .1 OiNe• 1ih005n4D 5E-oesv gor4ME-0 bowkae, /EA Words 11 Demolition 1 EA $ 300'cla / EA $ 300 1 1-11-e% 14 C>4•4 ihice-) potA-A4 S /EA \ Words 112 Traffic Control Lump Sum $ /600'12 /LS $ I orte n°1)9irg0 Five LtupthaeD DoudiRS /LS Words 13 Seeding & Mulching 1.0 Acre $ 1.200.129 /AC $ 1 7.1Do.°4! 1 ofte 114005"^i 0 1-1A-)0 gikokkb Douiro_s /AC Words 1 141 Standard Proctor Curves(Soil) 3 EA $ 7.`25-9 /EA $ 111m, ii -TY S ENEN Pres4 A 00 e011:—NViltal... Crw& ""e-044 Dou5 /EA 1 1 Words 15 Modified Proctor Curves (Base) 1 EA .$ 0'cl) /EA $ 1 sI)cry (.4 InlE 00Lt....9(e.5 /EA Words I 16 Soil Density Tests 21 EA $ /7.c9 /EA $ 357 °a 4 • G4 %seri reEN Po "-AA S /EA 1 Words co 17 Base Density Tests 15 EA • $ 176— /EA $ 255 422 1 5 clveN nen' 'Po LiaS /EA Words I18 Concrete Test Cylinders 30 EA $ )5' °S /EA $ V lc reot-N "00 wadi 5 /EA 1 Words 19 Concrete Curb & Gutter 3,450 LF $ -0- /LF $ 1 Words 1 1 /LF 1 "ITEM ITEM ! NO. IF0 SB -2 Under Curb & Gutter EST. UNIT EXTENDED QUANT. PRICE 3,450 LF $ -0- /LF c> - /LF Words 21 Street Section (Asphalt) 5,200 SY $ -0- /SY /SY Words 1[22 Driveways (Asphalt) i IF Words, 1 119A Integral Curb 3,450 LF $ XII? /LF $ 72.166e52 111mi420.0 -2/LF 1 fULDO DMAAAS PoNit) -1190 . Words , 120A 2" Drainage Blanket 5,967 SY $ 05 /SY $ iii°39.11 .9t Om& botAA,R PeNip i 00 '7 /SY 11 1 Words 21A Street Paving (Concrete) 5,967 SY $ !LOP /SY $ e443301 , II cooKr‘Gr4 thx"."44, bt..k, '..------ to Words 195 SY --o - /SY /SY I'22A Driveways (Concrete) 195 SY$ /6.2-12 /SY $ 3120 Sisr‘‘14 boLcoras Words /SY TOTAL, Items 1-22 Words TOTAL, Items 1-18 and 19A -22A $ itii,(753.16 ' 11 04( liomoD160 Pourer? 0146 tROuStiekip 1 fix 14404bA6b (Fry MAE& bou_Aliac A 411) To Words 1 , "The Contractor agre co ete 11 work within *) working days. MI ,Submitted by: 47 I Or IIDate: 912.1190 • PROPOSAL FOR. . STREET & STORM DRAINAGE CONSTRUCTION Pump Station Road East Fayetteville, Arkansas ITEM ITEM EST. UNIT EXTENDED NO. QUANT. • PRICE 1 Clearing & Grubbing Lump Sum $ /500'119 /LS $ 1, CN e tliousmat Chtt elvmoiter, DotAmAs /LS Words Earthwork Lump Sum $ S8506129 /LS $ ei35e4 EIC -sr flkopns E ge.H.r Thivo,26.0 rim Dotuwei LS Words Undercut 600 CYa $ Suewe /CY $ 3000 VIve DouAlas /CY Words 18" CMP Culvert 111 LF .$ ies /LF $ 1116629 El cv-wrte u Wei& 5 /LF Words 15" CMP Culvert 548 LF $ )5.69--9 /LF $ 82.2.0." FicrteNt iThouworecs /LF Words - 15" Flared End Section2 EA. $ Moe /EA $ a.00. 6.46 au AttARE-0bu %A./ \-k /EA Words Concrete Headwalls 2 EA $ 600'" /EA $ $14-.01.).4044kb bouLANAS /EA Words 1 Curb Inlets 3 EA $ 1 00Cit9 /EA 6. tttoostrrab bet-Lee:Lc /EA $ 3000 ON °IS Words Seeding & Mulching 1.0 Acre $ 120010i /AC $ 19.00 419 0'46 1111-"Cerab N111.)0 4uNtiellrO DobUttatc /AC Words ' 1 1 1 1 1 1 ITEM NO, 10 ITEM Traffic Control OR ittA4t4() T4v& iivA1002450 Words' - 11 Standard Proctor Curves c 'cry Ssut-/JboLvott, APV0 I . WOraS EST, QUANT., Lump Sum ooLAA445 /LS' 12 Modified Proctor Curves (Base) 51 yrs, KINE bog-Lev...5 Words 13 Soil Density Tests St -JEW -U/4 boLL,IRkS Words 14 Base Density Tests SEVArtehl boLimAc Words 15 Concrete Test Cylinders Icre.-crn‘t Words 16 Concrete Curb & Gutter 17 18 Words 58-2 Under Curb & Gutter Words Street Section (Asphalt) Words 19 Driveways (Asphaltr Words 3 EA /EA 1 EA /EA UNIT PRICE $15001c19 /LS $ 7.(aC' /EA $ 6,499 /EA EXTENDED $ /500*9-9 $ 112: $ 21 EA $17992 /EA $ 357.(12 /EA 15 EA /EA r7-2-9 $ /EA $ Awe 30 EA $15'-g /EA 2,702 LF /LF 2,702 LF /LF 4,630 SY /SY /EA $ 1450.(29 - /LF -o /LF $ -6 /SY - 0 230 SY $ 0- /SY /SY ITEM NO. 16A Integral --hmo 'NuAPis ono / 00 Words 17A 2" Drainage Blanket 046 tou...4.12 •44.,) /00 Words ITEM Curb ..to EST. QUANT. 2,702 LF 18A Street Paving (Concrete) /00 coastite74 10uAkc As -3o Wbrds 19A Driveways (Concrete) c%Ati.76-P4 %4Cot.t...Aken, Words LF, 5,230 SY /SYt 5,230 SY /SY 230 SY /SY1 UNIT PRICE $ adis /LF EXTENDED TOTAL, Items 1-19 Words •122 TOTAL, Items 1-15 and 16A -19A $ /2.5,14 bt4E 14vmotten 144 eNry •CivP. ntawittp :Two lionoteD Stx.TY SEVE-N bou-a25 PAD tge; Words The Contractor agr es to c mpteee(ati. work within.1S-working days. Submitted by: Date: 912-1190 on ractbr 1 1 PROPOSAL FOR STREET CONSTRUCTION Armstrong Avenue Fayetteville, Akkansas ITEM ITEM EST. PRICE UNIT EXTENDED IF NO. QUANT. 1 Earthwork Lump Sum $ 005 (2-2 /LS $ 6 6105.°12 - Six rlicosiNNo Euebtrgonoget, FwE -Dt‘t.Al2.5 /Ls Words 2 Topsoil Lump Sum $ /500.9-52 /LS $ /50(7`222 01.1e THoUSroND 1t04.• ttiotionED 100(441.4% /LS' Words 3 Island Paving (6") 374 SY $ 1St'? 2 /SY $ 6732.2 E-1(0-4rett4 DotAge&S /SY Words 4 Traffic Control Lump Sum $ ib0e2 /LS $ iSCOPg2 014C 1140ucvyy0 cnie (40,40440 btA.A.A01.5 /LS Words 5 Street Striping Lump Sum $ 250495 /LS $ 2.5040-1? two rIFTY 1/41°1-4-Nit5 /LS Words 6 "Stop" Signs 1 EA $ )00°29 /EA $ 100-12 ONE 41/4)mpa4.p LtAssioa) /EA Words 7 "Yield" Signs 1 EA $ /0019 /EA $ )00'92 ONt 4up40#2t1) tJou.-04.A.5 /EA Words 8 "Do Not Enter" Signs 1 EA $ Wet!? /EA $ JDos°2 0.46 4014o4.(70 tlovatix 5 /EA Words 9 Seeding & Mulching 0.45 Acres $1500.°0 /AC $ ONG 114-ouSirK)D nfl- 4voNIN4erb -Do usA c/ AC Words 1 1 1 1 1 1 1 1 1 1 1 1 ITEM NO. 10 ITEM Standard Proctor Curves cicTwe Severbotemada-S Words ).• 11 Modified Proctor Curve (Base) socrIP Niwc. DoLuctits Words 12 Soil Density Tests SeVt-yort6-14 bowe:).(LS Words 13 Base Density Tests 1 56VeKattr4 bouLAiks Words 14 Concrete Test Cylinders free:6 bo its Words 15 Concrete Curb & Gutter 1 1 1 1 1 1 1 1 Words 16 SB -2 Under Curb & Gutter Words • 17 Street Section (Asphalt) Words 15A Integral Curb UiO Po ‘4.4ntel s cstaon Words 16A 2" Drainage Blanket P'4D --Tao Words CME btAttaR EST. QUANT. 2 EA /EA 1 EA /EA 15 EA 9 EA /EA 12 EA /EA 1,005 LF /LF 1,005 LF /LF‘ 643 SY /SY 1,005 LF /LF 866 SY /SY UNIT PRICE EXTENDED $ 57*(1° /EA $ 114442-, $ 4/•? -9 /EA $ 61•9-9 $ /7829 /EA $ $ I 7' °-9 IE A $ °Pr $ )52.9 /EA $ )63e.226 .10 °C. /LF $ /SY o $ A.11015S $ aoz.-1° 1 1 1 1 1 1 ITEM NO. ITEM EST. UNIT QUANT. PRICE EXTENDED 50 17A Street Paving (Concrete) 866 SY $ )1-117-) /SY $ l2,1773 2.5.• couttetisi .60A.Ak5 pe -41) 100 -----"--7/SY Words 1-4 tare Pio& ttito usq D TOTAL, Items 1-17 Words TOTAL, Items 1-14, 15A, 16A, 17A $ 35,o1,3° ,..1%--- NiAltreeN boualas til4t, 100 Words The Contractor agr es ..mp ete all work within,tg working days. Submitted by: / ,X Date: ,U/gf Contractor 91004 a • 1 CONTRACT ' STATE OF ARKANSAS COUNTY OF WASHINGTON ' THIS AGREEMENT made and entered'into on this /6 >cA-- day of 0 bkr(44A , 1990, by and between the City of Fayetteville, Arkansas, hereinafter Called the OWNER, and , hereinafter called the CONTRACTOR. WITNESSETH: That Whereas, the OWNER has called for bids on street and storm drainage construction in a certain area of Fayetteville, Arkansas as set out:in these Plans and Specifications and, WHEREAS, the CONTRACTOR has submitted the best bid for the work set out in these Plans and Specifications, NOW, THEREFORE, the CONTRACTOR agrees with the OWNER to furnish all materials, labor, equipment, tools, supervision, insurance, and other accessories and services necessary to complete the work in accordance with the Plans and Specifications for the unit and lump sum prices bid in the Proposal, said Proposal being a part of this Contract. The CONTRACTOR agrees to commence work on or before a date to be specified in a written "Notice to Proceed" from the OWNER and to fully complete the project within 40 working days •thereafter. The CONTRACTOR also agrees to pay as liquidated damages the sum of $300.00 for each consecutive calendar day thereafter that is required to complete the pro3ect, plus attorney's fees and an amount to be set by the court, court costs, and all other costs of collection if said liquidated damages are not paid to the OWNER within 10 days of demand for payment by certified mail, return receipt requested. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract in accordance with the accepted Proposal therefore, subject to additions and deductions, as provided in the Standard and Detailed Specifications, and to make payment on account there as provided below: As soon as is practicable after the first of each calendar month, the OWNER will make partial payments to the CONTRACTOR for work performed during the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the CONTRACTOR and accepted by the OWNER. Upon completion of work and final acceptance . by the OWNER and Engineer, the Engineer shall issue a Final Estimate of work done based upon the original Contract and * A unit price proposal in the amount of $301,939.65 subsequent changes made and agreed upon, if any. Time is hereby expressly declared to be of the essence on this Contract, and the time of beginning, manner of progress and time of completion of the work hereunder, shall be, and are essential conditions hereof. If the CONTRACTOR be delayed at any time in the progress of .the work by any act or neglect of the OWNER or of his employees, or by any other Contractor employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the CONTRACTOR'S 'control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. Similarly, should the CONTRACTOR be unable to complete the work due to persistent inclement weather or because of delays in delivery of necessary construction components, allowances shall be made in the completion time. No such extension shall be made for delay occurring more than seven days before claim therefore is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is necessary. In the event the CONTRACTOR abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given CONTRACTOR by OWNER or by the Engineer, then the OWNER shall have the option of declaring this Contract at an •end, in which event, the OWNER shall not be liable to the'CONTRACTOR for any work theretofore performed hereunder, said OWNER may complete the said Contract at his own expense, and maintain an action against the CONTRACTOR for the actual cost of same. The waiving of any one or more of the covenants of• this Contract on the part of any party thereto shall be limited to that particular instance, and shall not be deemed a waiver of any other breaches or covenants at any time. • In the event any part of this Contract is found to be unenforceable for any reason, all other parts of this Contract shall remain in full force and effect. This Contract shall be binding upon the heirs, representatives, successors, or assigns of the parties hereto: • 1 1 1 1 1 IN WITNESS WHEREOF, the OWNER and CONTRICTOR;hiVe hereto set their hands and seals, respectively. ‹: lent -5S7 CGNR*QTQR (WI WITNESS By: Title: • By: Title: eWa/31 WITNESS aitiizemk. 2 • Z.141. Piet ass ft4e#P4,7,73.4e. •City of Fayetteville OWNER do•<- eztotC4-. GliiudA2253 Eason & Co., Inc. P.O. Box 4217 Fayetteville, AR 72702 INSURED Jerry D. Sweetser, Inc. 590 West Poplar Fayetteville, AR 72703 011040ffe44 0 0 0 0 113BD ;Ciag SSUE DATE (MM/DDNY) 11/15/90 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LE ER USF&G COMPANY LErrEF B COMPANY c LETTER COMPANY D LETTER COMPANY E LEITER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. 100 TYPE OF INSURANCE LTR GENERAL LIABIUTY X COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS - CONTRACTUAL INDEPENDENT CONTRACTORS - BROAD FORM PROPERPI DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY x ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) ]-- A• LL OWNED AUTOS (9TREgSpTAHAN) HIRED AUTOS NON -OWNED AUTOS G• ARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERSCOMPENSATION AND EMPLOYERS' UABILITY OTHER POLICY NUMBER POLICY EFFECTIVE POLICY EYABATION DATE (MWDDIYY) DATE (MMJDO/YY) 1CP30001039200 10/30/90 10/30/91 1CP30001039200 10/30/90 1C230001039200 • 10/30/91 10/30/90 10/30/91 3902852909 10/30/90 10/30/91 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Re: Job #90-147 plait) City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 ferilnel4RILlii ZI LIABILITY LIMITS IN THOUSANDS EACH OCCURRENCE BODILY INJURY PROPERTY DAMAGE $ AGGREGATE NAPO ti COMBINED ws 1000 $ 2,000 PERSONAL INJURY $ 1,000 BODILY PWRY (PER PEBSR $ BOOILY IFS =WM $ PROPERTY DAMAGE $ BI & m commeo $1,000 131 &PI] COMBINED $2,000 $ 2,000 smumply roo ton A nn 1 (EACH ACCIDENT) (DISEASE -POLICY LIMIT) (DISEASE -EACH EMPLOYEE) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. (9 AUTHORIZED REPRESENTATIVE-, . /7/ I. I I I I I -1 I I I L L I I I I I UNITED STATES (A Stock Company) 1 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND WeJerry. ,Sweetser.Construction, Ole., Inc. ..................................................... ..............................I.....;.....................4......444.....................444.6.......................... as Principal, hereinafter called Principal, and UNITED STATES. FIDELITY AND GUARANTY COMPANY, a coroporation organized and existing under the laws of the State of Maryland and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto ................ City. of.Fayetteville ......................................................................... as Obligee, hereinafter called Owner, in the amount of.,.Thnee..HvRdwc1. Hundred.Thirty-Nine,Dollars.and Sixty -Five Cents ................................... Dollars ($..301,.939,65„ ) 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 furnishing all labor and materials for street and storm drainage construction to Pump Station Road West, Purrp Station Road East, and Armstrong Avenue, Fayetteville, Arkansas, in accordance with plans and specifications by Northwest Engineers, Inc., Fayetteville, Arkansas - Jobe No. 90-147 , 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 the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and: shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the 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 the Principal and Surety, jointly and severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner, unless it is brought in accordance with A.C.A. Section 22-9-403 (b) and A.C.A. Section 18-44-503 (b) (Supp. 1987) as amended. No suit, action or proceeding shall be brought by the Owner after two years from: the date on which final payment under the Contract falls due. 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 the Owner of any extension of time for the performance of the Contract, or any other forberance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on this ......... 12th.......day of.......Noverrbet.................... 1999... .. JeTry:D.. Sweetser,,,Inc. Principal C By.............................................. -n-- K UNITED STATES FIDELITY AND RANTY COMPANY- c . Robert M. Davis Attorney-ircfa`ct; I Contract 158 (Arkansas) (11-89) a.. 1 ' CERTIFIED COPY I. GENERAL POWER OF. ATTORNEY No. --------100117--------- ' Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the. City of Baltimore, in the State of Maryland, does hereby constitute and appoint Robert M. Davis: of the City of Fayettevt11e , State of Aansas its true and lawful attorney in and for the State of Arkansas II� I I I I I C I for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of -the; said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Robert M. Davis may lawfully do in the premises by virtue of these presents. In Witness Whereofr the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 31st day of Defter , A. D. 19 87 UNITED STATES FIDELITY AND GUARANTY COMPANY. I. , (Signed) By....W,j.D...SSa[IP1"V?11e...Jr. ... Vice -President. Douglas R. Bowen (Signed) :... ............................. ................ Assistant Secretary. STATE OF MARYLAND. 96: BALTIMORE CITY, On this 31st day of Decenber , A. D. 1987, before me personally came W.J.D. SateSville, Jr. , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Douglas R. Bowen - . Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said W.J.D..SaieZVi.lie, Jr. and Douglas R. Bowen were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said, corporation, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19. 90. Margaret M. Hirst (SEAL) (Signed)..................................................6.....I... Notary Public. 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'apaaagM VW1 xO1L1floSaa 30 Ad00 1 ' GENERAL CONDITIONS I. 1. Contract and Contract Documents • The project to be constructed pursuant to this Contract and is subject to all applicable City, State and Federal laws and regulations. The Plans, Specifications and Addenda for this project shall ' form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set • forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said Documents are 1 solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on ' the interpretation of the provisions to which they refer. Contents '1. Contract and Contract Documents • 2. Definitions 3. Additional Instructions and Detail Drawings 4. Scope and Intent of.Specifications and Plans ' 5. Materials, Services, and Facilities' 6. Contractor's Title to Materials 7. Inspection and Testing of Materials • 8. ".Or Equal" Clause 9. Patents 10. Surveys, Permits and Regulations Iii. Contractor's Obligations 12. Weather Conditions 13. Protection of Work and Property --Emergency ' 14. Inspection. 15. Reports, Records and Data 16. Superintendence by Contractor 17. Changes in Work ' 18. Extras 19. Time for Completion and Liquidated Damages 20. Correction of Work 1 21. Subsurface Conditions Found Different 22. Claims for Extra Cost 23. Right of Owner to Terminate Contract 24. Construction Schedule and Periodic Estimates 25. Payments to Contractor 26. Acceptance of Project and Final Payment 27. Payments by Contractor 28. Insurance 29. Contract Security • 30. Additional or Substitute Bond 31. Assignments ' 32. Mutual Responsibility of Contractors 33. Separate Contracts 34. Subcontracting I. 35. Engineer's Authority El 36. Use of Premises and Removal of Debris 37. Quantities of Estimate � , 38. Lands and Rights -of -Way 39. General Guaranty 40. Conflicting Conditions -. 41. Notice and Service Thereof 42. Required Provisions Deemed Inserted 43. Other Prohibited Interests 44. Suspension of Work ' 45. Figured Dimensions .46. Diverting and Blocking Traffic • 47. Danger Signals and Safety Devices ' 48. Privileges of Contractor in Streets 49. Waterways 50. Location of Facilities 51. Work Done Without Lines or Grades 52, Preservation of Monuments and Stakes 53. Sanitary Conveniences • 54. Sunday, Holiday and Night Work ' 2. Definitions 'The following terms as used in this Contract are respectively , defined as follows: I. (a) "Owner": The City of Fayetteville, Arkansas. (b) "Contractor": A person, firm or corporation with whom the Contract is made by the Owner. (c) "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with the Contractor. (d) "Work on (at) the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. ' (e) "Engineers": Engineers shall mean the firm of Northwest Engineers, Inc., who have been employed by the Owner for this work, or their duly authorized agents, such agents acting severally within the scope of the particular ' duties entrusted to them, whose decisions shall, in all cases, be subject to final approval by the Engineers. In all matters pertaining to the status or amount of the ' Contract, orders issued by the Engineers and signed by the representative of the Owner shall be valid. . 1 I 3. Additional Instructions and Detail Drawings The Contractor Will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied Ito the Contractor will coordinate with the Contract Documents and will be. so prepared that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in accordance with the additional detail4drawings and instructions. ,. The Contractor and the Engineer will prepare jointly (a) a. schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the I. Engineer in accordance with said schedule, and .(b). a schedule fixing the respective dates for the submission of shop drawings,. the beginning of manufacture, testing rand installation of materials, supplies and equipment, and the completion of the '. various parts of the -work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 4. Scope and Intent of Specifications and Plans I. Specifications and Plans are intended to supplement but not necessarily duplicate each other, and together constitute a complete set of Specifications and Plans; so that any work exhibited in one and not the other, shall be executed just as it had been set forth in both, in order that the work shall be completed according to the complete design or designs as decided and determined by the Engineers. Should anything be omitted from ' the Specifications and Plans which is necessary to a clear understanding of the work, or should it appear various instructions are in conflict, then the Contractor shall secure 'written instructions from the Engineers before proceeding with construction affected by such omissions or discrepancies. It is understood and agreed that the work shall be performed and completed according to the true spirit, meaning and intent of the Contract, Specifications and Plans. 5. Materials, Services, and Facilities .(a). It is understood that except'as otherwise specifically stated in the Contract Documents, the Contractor shall I. provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature, and all other services and facilities of every nature ' whatsoever necessary to execute, complete, and deliver the work within the specified time. '(b)..Any work necessary to be performed after regular working , hours, on Sundays or Legal Holidays, shall be performed without additional expense to the Owner. ' h 1, r I I6. Contractor's Title to Materials No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 7. Inspection and Testing of Materials (a) All materials and equipment used in the construction of ' the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be approved by the Owner. ' (b) Materials of construction, particularly those upon which the strength and durability of the structure may depend, ' shall be subject to inspection and testing to establish conformance. with Specifications and suitability for uses intended. ST 8. "Or Equal" Clause ' Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors', names, trade names, catalogue numbers,. etc., it is intended merely to establish a standard; and, any ' material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the ' material, article, or equipment so proposed, is, in the opinion of the Engineer, or equal substance and function. It shall not be purchased or installed by the Contractor without the Engineer's written approval. I9. Patents I. (a) The Contractor shall hold and save the Owner and its offices, agents, servants, and employees harmless from liability of any nature or kind, including cost and ' expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Contract, including its use by the Owner, unless otherwise 'specifically stipulated in the Contract Documents. (b) License or Royalty Fees: License and/or Royalty Fees '. for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, direct ' by the Owner and not by or through the Contractor. 1 L (c) If the Contractor uses any design, device or materials covered by l'e'tters, patent or copyright, he shall ' provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material. 'It is mutually agreed and understood, that, ' without exception, the Contract prices shall include all royalties or costs arising from the use of such design, device or materials, in anyway involved in the work. I. The Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or ' any trademark or copyright in connection with work agreed to be performed under this Contract,' and shall indemnify the Owner for any cost, expense or damage ' which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of: the work. 10. Surveys, Permits, and Regulations Unless otherwise expressly provided for in the ' Specifications, the Owner will furnish to the Contractor all surveys necessary for the execution of the work. ' The Contractor shall procure and;: pay all permits, licenses and approvals necessary for the execution of his Contract. ' The Contractor shall comply with all laws, ordinances, rules, ' orders, and regulations relating to performance of the work, the protection of adjacent property, and the maintenance of • passageways, guard fences or other protective facilities. 11. Contractor's Obligations I Li I J I I The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified necessary or proper to perform and complete all the work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract, any and all supplemental Plans and drawings, and in accordance with the directions of the Engineer as given from time to time during the progress of the work. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the Contract and Specifications, and shall do, carry on, and complete the entire work to the satisfaction of the Engineer and the Owner. I! . 12. Weather Conditions ' In the event of temporary suspension of work, or during inclement weather, or whenever the Engineer shall direct, the Contractor will, and will cause his Subcontractors to protect 'carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Engineer, any work or materials shall have been damaged or injured by reason of ' failure on the part of the Contractor or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor. ' 13. Protection of Work and Property -;Emergency The Contractor shall at all times safely guard the Owner's I. property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the Owner, or his duly authorized representatives. i I. In case of an emergency which threatens loss or injury of property, and/or safety of life, the Contractor will be allowed to act, without previous instructions from the Engineer, in a 'diligent manner. He shall notify the Engineer immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Engineer for ' approval. Where the Contractor has not taken action but has notified the Engineer of an emergency threatening injury to persons or ' damage to the work of any adjoining property, he shall act as instructed or authorized by the Engineer. 'The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Conditions. ' 14. Inspection This project shall at all times be subject to inspections by ' representatives of the City, the Owner, and/or the Engineer. Unless otherwise directed by the Engineer, all work of a 'permanent nature which cannot be inspected after completion shall be done in the presence of an inspector. NO CONCRETE SHALL BE PLACED UNLESS AN. INSPECTOR IS PRESENT. NO SEWER LINE SHALL BE BACKFILLED UNTIL AN INSPECTION HAS BEEN MADE BY THE ENGINEER. The ' Contractor shall notify the Engineer at least 24 hours in advance before concrete is to be poured. It shall be the duty of the Contractor to notify the Engineer in advance of the beginning of 1 I I I I I I I 11 C I work after delays, shutdowns, change of work progress or change of location. The failure or neglect on the part of the Engineer or the inspector to inspect, condemn or reject inferior materials or work shall not be construed to imply an acceptance of the same should inferiority become evident at any time prior to the final acceptance of the work by the Owner, or within the time limit of one year as set out in the Detail Specifications. The Engineer does not guarantee the performance of the Contract by the Contractor, nor shall his inspection be construed as supervision of actual construction, nor make him responsible for providing a safe place for the performance of the work by the Contractor, or the Contractor'_s employees, or those of the suppliers, his Subcontractors, nor for access, visits, use, work, travel or occupance by any person', as these responsibilities are covered under the provisions of this Contract, the Contractor's insurance and Performance Bond, and are not the responsibility of the Engineer. Where the provisions of safety, in any of its categories, are not being observed, and this condition comes to the attention of the Engineer or his representative, the Engineer may require standard safety procedure to be initiated, but the requirement of these procedures does not constitute a guarantee by the Engineer as to their adequacy or the safety of the public. Where plants, buildings, or mass movement of earth is being undertaken, the Engineer will set such control lines and basic elevations as are required for the Contractor to make such unit or plant layouts as are required. When work is undertaken which requires a constant or generally intermittent checking of lines and elevations, the Contractor shall maintain such equipment and personnel as ar& essential to the actual prosecution of the work. In these instances, the final grades, alignment and dimensions are subject to the checking of the Engineer. ' 15. Reports, Records, and Data The Contractor shall submit to the Owner such schedule of ' quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed or to be performed under this Contract. 16. Superintendence by Contractor At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be ' one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor'.s payroll. 11 e i I I I I I C I I I Li I LI 17. Changes in Work No changes in the work covered by Documents shall be made without having the Owner. Charges or credits for the approved change shall be determined by combination of the following methods: the approved Contract prior written approval of work covered by the one or more, or a (a) Unit bid prices previously approved. (b) An agreed lump sum. (c) The actual cost of: 1. Labor, including foremen; 2. Materials entering permanently into the work; 3. The ownership or rental cost of construction plant and equipment during the time of use of the extra work; 4. Power and consumable supplies for the operation of power. equipment; 5. Insurance; 6. Social Security and old age and unemployment contributions. To the cost under agreed upon but not to cost of, the work. The of supervision, overhe expenses. 18. Extras (c) there shall be added a fixed fee to be exceed fifteen percent (15%) of the actual fee shall be compensation to cover the cost ad, bond, profit and any other general 4 Without invalidating the Contract, the Owner may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner or its Engineer, acting officially for the Owner, and the price is stated in such order. , 19. Time for Completion and Liquidated Damages It is hereby understood and mutually agreed, by and between ' the Contractor and the Owner, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it ' is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed." t 1 I I I L I I I J I L I L L I I I The Contractor agrees that said work shall be prosecuted regularly, diligently; and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time of the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If theosaid Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay to the Owner the amount specified in the Contract, not as a penalty but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every calendar day that the Contractor shall be.in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain,. and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; "and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Provided further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: (a) To any preference, priority or allocation order duly issued by the Government; (b) To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God,' or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a Contract with the Owner, fires, floods, epidemics,, quarantine restrictions, strikes, freight embargoes, and severe, weather; and (c) To any delays of Subcontractors or by any of the causes specified in of this article: suppliers occasioned subsections (a) and (b) L I Provided further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. 20. Correction of Work All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction ' shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture, and I. methods of construction for the purposes for which they are used. Should they fail to..meet his approval they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense.. Rejected material I. shall immediately be removed from the site. If, in the opinion of the Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the ' work injured or not performed in accordancewith the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. 21. Subsurface Conditions Found Different 'Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately 'give notice to the Engineer of such conditions before they are disturbed. The Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those ' shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in ' Paragraph 17 of the General Conditions. 22. Claims for Extra Cost ' No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the Engineer approved by the Owner, as aforesaid, and the claim presented with ' the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c1 of the General Conditions, the Contractor shall furnish satisfactory 'bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give the Owner access to accounts relating thereto. I ' 23. Right of the Owner to Terminate Contract ' In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his Subcontractors, the Owner may serve written notice upon 'the Contractor and the Surety ' of its intention to terminate the Contract, such notices to contain the reasons for such intention to terminate the Contract, and unless within ten (10) days after the service of such notice upon the Contractor., such violation or delay shall cease and ' satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days cease and terminate. In the event of any such termination, the Owner shall ' immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the Contract; Provided, however, that if the Surety does ' not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owners may take over the work and prosecute the same to completion by Contract or by force account for the account and at the expense ' .of the Contractor and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and ' utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefor. 24. Construction Schedule and Periodic Estimates ' Immediately after execution and delivery of the Contract, and before the first partial payment is made, the Contractor shall ' deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of ' work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. ' 25. Payments to Contractor (a) Not later than the 10th day of each calendar month the I. Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month I. under this Contract, but to insure the proper performance of this Contract: Provided, that the Contractor shall submit his estimate not later than the first day of the month. (b) in preparing estimates the material delivered on the site and preparatory work done may be taken into consideration. ' (c) All material and work covered by partial payments made shall thereupon become the 'sole property'of the Owner, but this provision shall not be construed as relieving t the Contractor from the sole responsibility for the care 4 H I and protectibn of materials and work upon which payments have been made or the restoration of any damaged work, or ' as a waiver of the right of the Owner to require the fulfillment of all of the terms of the Contract. ' (d) Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of Subcontractor, laborers,'workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The Contractor shall, at the Owner=s request, furnish satisfactory evidence that all obligations of the nature I. hereinabove designated have been paid, discharged, or waived. If the Contractor fails so to do, then. the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner ' has written notice, direct, or withhold from the Contractors unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all ' liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of this Contract,' but in no event shall the ' provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the ' Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the Contract by the ' Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. ' 26. Acceptance of Project and Final Payment Upon acceptance of the project by the Owner and the Engineer, t final payment shall be made to the Contractor. The final payment shall include all money retained, if any. The issuing of the final payment by the Owner, and the acceptance of the final ' payment by the Contractor, shall not., however, operate to release the Contractor or his Sureties from any obligations under this Contract or the Performance and Payment Bond. 27. Payments by Contractor The Contractor shall pay (a) for all transportation and ' utility services no later than the 20th day of the calendar month following that in which services are rendered, (b) for all materials, tools, and other expendable equipment to the extent of ' ninety percent (90%y of the cost thereof, no later than the 20th day of the calendar month following that in which such materials, I 1 Li I tools, and equipment are delivered at the site of the project and the balance of the cost thereof, no later than the 30th day following the completion of that part of the work in or on which such materials, tools; and equipment are incorporated or used, and work in or on which such materials, tools, and equipment are incorporated or used, and (c) to each of his Subcontractors, no later than the 5th day following each payment to the Contractor on account of the work performed by his Subcontractors to the extent of each Subcontractor's interest therein. 28. Insurance ' The Contractor shall not commence work under this Contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor t shall the Contractor allow any Subcontractor to commence work on his subcontract until the insurance required for the Subcontractor has been so obtained and approved. (a). Compensation Insurance: The Contractor shall procure and • shall maintain during the life of this Contract Workmen's Compensation Insurance as required by applicable State or I. territorial law for all of his employees to be engaged in work at the site of the project under this Contract and, in case of any such work sublet, the Contractor shall require the Subcontractor similarly to provide Workmen's Compensation Insurance. In case any class of employees engaged in:hazardous work on the project under this Contract is not protected under the Workmen's I. Compensation Statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate .employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) Contractor's • Public Liability and Property Damage Insurance and. Vehicle Liability Insurance: The ' Contractor shall procure and shall maintain during the life of this.Contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and '• Vehicle Liability Insurance, in the amounts specified in the Detailed Specifications. (c) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall either (1). require each of his Subcontractors to procure and to maintain during the life of his subcontract, Subcontractor',s Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amount specified, (2) insure the '• activities of his policy, specified in subparagraph (b) hereof. (d) Scope of Insurance and Special Hazards: The insurance required under subparagraphs (b) and (c) hereof shall i 1 I I provide adequate protection for the Contractor and his Subcontractors, respectively, against damage claims which 'may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by Him and, also against any of the special hazards which may be encountered in the performance of this Contract. (e) Proof of Carriage of Insurance: The Contractor shall ' furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall U. also contain substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after (10) days twritten notice has been received by the Owner." 29. Contract Security The Contractor shall furnish a Performance Bond in an amount at least equal to one hundred percent (100%) of the Contract prices as security for the faithful performance of this Contract ' and also a Payment Bond in an amount not less than one hundred percent (100%) of the Contract price or ina penal sum not less than that prescribed by State, territorial or local law,.as I. security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract. The Performance Bond and the Payment Bond may be in one or in separate instruments in accordance with local laws. I 30. Additional or Substitute Bond If at any time the Owner for justifiable cause shall be or ' become dissatisfied with any Surety 'or Sureties, then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the Owner so to do, substitute an acceptable bond (or bonds). in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished such an acceptable bond to the Owner. 31. Assignments The Contractor shall not assign the whole or any part of this Contract or any moneys due or to become due hereunder without ', written consent of the Owner. In case the Contractor assigns all or any part of any moneys due or to become due under this Contract, the instrument ofrassignment shall contain a clause substantially to the effect that it ,is agreed that the right of the assignee in and to any moneys due or to become due to the I Contract shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 32. Mutual Responsibility of Contractors '; If, through acts of neglect on the part of the Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so settle. If such other Contractor or Subcontractors shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. 33. Separate Contract The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his Subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Engineer immediately of lack of progress or defective workmanship on the ' part of other Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work ' as being satisfactory for proper coordination with his own work. 34. Subcontracting (a). The Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty ' Subcontractors. (b:) The Contractor shall not award any work to any Sub- ' contractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the I. proposed award to the Subcontractor, which statement shall contain such information as the Owner may require. (c) The Contractor shall be, as fully responsible to the Owner I. for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly I. employed by him.• (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind 'Subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give I. the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. ' (e) Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. 35. Engineer's Authority ' The Engineer shall give all orders and directions contemplated under this contract and Specifications, relative to the execution of the. work. The Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for. under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Engineer'.s estimates and ' decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any questions shall arise between the parties hereto relative to said Contract or ' Specifications, the determination or decision of the Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. The Engineer shall -decide the meaning and intent of any portion of the Specifications and of any Plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this Contract and other Contractors performing ' work for the Owner shall be adjusted'and determined by the Engineer. ' 36. Use of Premises and Removal of Debris The Contractor expressly undertakes at his own expense: (a) to take every precaution against injuries to persons or damage to property; ' (b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will -not unduly interfere with the progress of his work or the work of any other Contractors; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion I. of the work;. ' (d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present 6 I ' a neat, orderly and workmanlike appearance; ' (e) before final payment to remove all surplus material, false -work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition. ' (f) to effect all cutting, fitting or patching of his work required to make the same to conform to the -Plans and Specifications and, except with the consent of the Engineer, not to cut or otherwise alter the work of any ' other Contractor. 37. Quantities of Estimate ' Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the Documents including the Proposal, they are given for use in ' comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the ' Owner to complete the work contemplated by this Contract, and such increase or diminution shall in no way violate this Contract, nor shall any such increase or diminution give cause for claims or ' liability for damages. 38. Lands and Rights -of -Way ' Prior to the state of construction, the Owner shall obtain all lands and rights -of -way necessary for the carrying out and completion of work to be performed under this Contract. ' 39. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the ' Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any ' damage to other work resulting therefrom, which shall appear within a period of one year from the ,date of final acceptance of the work unless a longer period is specified. The Owner will give ' notice of observed defects with reasonable promptness. 40. Conflicting Conditions ' Any provisions in any of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or t• inconsistency. 1 I ' 41. Notice and Service Thereof 'Any notice to any Contractor from the Owner relative to any part of this Contract shall be.in writing and considered delivered and the service thereof completed, when said notice is posted, by ' certified or registered mail, to the said Contractor at his last given "address, or delivered in person to the said Contractor or his authorized representative on the work. 42. Provisions Required by Law Deemed Inserted Each and every provision of law 'and clause required by law to ' be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion or correction. 1 i 43. Other Prohibited Interests No official of the Owner who is authorized in such capacity ' and on behalf of the Owner to negotiate, make; accept or approve, or to take part in negotiating, making, accepting, or approving any engineering, inspection,' construction or•material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, attorney, engineer or inspector of or for the Owner who ' is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the`construction of the project, ' shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract; subcontract, insurance contract, or any other contract pertaining to the -project. 44. Suspension of Work Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other reason beyond the control of the Owner, the Contractor 'shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay with 'such determination to be set forth in writing. 45. Figured Dimensions Figured dimensions, when given in the Plans, shall be accurately followed, even though they differ from scaled measurements. No work shown on the Plans, the dimensions of which 'are not figured, shall be executed until instructions have been 1 i obtained from the Engineers as to the dimensions to -be used. Large scale and full size drawings shall be followed in preference 'to small scale drawings.. 46. Diverting and Blocking Traffic The Contractor may close city streets to traffic as may be necessary for the expeditious handling of the work, but only where ' traffic may be conveniently routed over other open streets and public ways; provided, however, that no street or public way shall be closed to traffic for a longer period of time that is necessary for the construction of the work involved and then only upon the approval of the Engineer and the City. Proper signs shall be erected to facilitate the flow of traffic over the detour route. When excavation work is carried on in' the state highway ' right-of-way, the Contractor shall make provision for handling and re-routing traffic as required by the State Highway Department. 47. Danger Signals and Safety Devices The Contractor shall take all necessary precautions to guard against damages to'property and injury to persons. He shall put • up and maintain in good condition sufficient red or warning lights • at night, suitable barricades and other devices necessary to protect the public. In case the Contractor fails or neglects to take such precautions, the Owner may have such lights and barricades installed and charge the cost of this work to the Contractor. Such action by the Owner does not relieve the ' . Contractor of any liability incurred under these Specifications or Contract. 48. Privileges of Contractors in Streets ' The Contractor will be entitled to use such streets, alleys, roadways, or parts of the streets and alleys as are necessary for ' the prosecution of the work. The use of such public thoroughfares shall be at the direction of the Engineer and in accordance with provisions as expressed. by him. The Contractor shall maintain at least one lane -of open traffic at all times: Adequate signing and flagmen shall be • provided to safely maintain flow of traffic during construction. ' 49. Waterways Present natural and artificial waterways shall be left open ' to flow freely. Temporary dams or by-passes may be provided, when found necessary or ordered by the Engineer. 50. Location of Facilities• The locations of any proposed pipe lines, valves, curb ' inlets, crossings, etc., as shown on the drawings are for general information only unless otherwise marked on the drawing. The I I I n I J I I I I I I I exact location, of each shall be designated by the Engineer at the time work is started, after giving due consideration to the local conditions. The Engineer shall set stakes accordingly, and the Contractor shall install the work at the designated locations. 51. Work Done Without Lines or Grade' Any work done without 'lines, grades or levels being given by the Engineer, or done without the supervision of any inspector or other representative of the Engineer, may be ordered removed and replaced at the Contractor's cost and expense. 52. Preservation of Monuments and Stakes The Contractor shall careful benchmarks, and reference points, careless destruction of the same, resulting expense of replacement, mistakes or loss of time that may loss or disturbance. ly preserve all monuments, and in case of willful or he will be charged with the andLshall be responsible for any be caused by their unnecessary The Engineer will set the construction stakes one time only. All construction stakes destroyed shall be replaced by the Contractor at his expense.. The Engineer will require 2 working days notice prior to setting the construction stakes. 53. Sanitary Conveniences Sanitary conveniences, consistent with good health standards and decency shall be provided for the workmen. Such conveniences shall be approved by the local officials responsible for such standards. Such conveniences shall be maintained in good order and waste disposed of regularly and to the satisfaction of said official. 54. Sunday, Holiday and Night Work ' No work shall be done between the hours of 6:00 P.M. and 7:00 A.M., nor on Sundays or legal holidays, except work as may be necessary for the proper care and protection of work already ' performed, or in case of any emergency, and in any case only with the written permission of the Engineer. 'It is understood, however, that night work may be established as a regular procedure by the Contractor if he first obtains the written permission of the Engineer, and that, such permission may be revoked at any time by the Engineer if the Contractor fails to ' maintain at night an adequate force and equipment for reasonable prosecution and supervision of the work. 1 I I DETAILED SPECIFICATIONS ' FOR STREET & STORM DRAINAGE CONSTRUCTION PUMP STATION ROAD & ARMSTRONG ROAD ' 1. SCOPE OF THE WORK. The work to be done under this Contract, as shown on the Plans and as provided for in these Specifications, shall include the furnishing of all necessary materials, tools, equipment and supplies I. and performing all the necessary labor for a complete installation as set forth herein. • 2. CLEARING & GRUBBING. Trees and underbrush shall be removed as required for construction of the project. Selected trees. within the right-of-way are to be retained. The trees to remain shall be protected at all ' times during construction. Limbs of existing trees shall be trimmed as directed by the Engineer. Where trees to be retained are less than 6 feet behind the ' curb, the excavation for curb construction shall be no more than 1 foot behind the curb unless otherwise approved. All trees, stumps, roots and other vegetation ' shall be removed from the site. Payment for work under this item shall be at the lump sum price bid in the Proposal. 3. EARTHWORK. Topsoil shall be removed and existing. ditches shall be cleaned in all areas under the new street paving. Areas to receive fill shall be scarified I. and the upper 6" compacted to 95% Standard Proctor Density. Any yielding areas which cannot be stabilized by manipulation of the material: shall be undercut as ' directed by the Engineer and replaced with suitable fill material. The street subgrade shall then be brought to proper grade in accordance with the Standard Specifications. Curbs shall be backfilled as soon as ' practical after construction. Backfill shall be flush with the top of the curb and compacted such that settlement will not occur. All slopes and areas ' disturbed by construction shall be smoothly and uniformly graded such that no ponding of water will occur behind the curb. No rocks or clods larger than 1" in diameter shall remain on the surface. Payment for all work under this item, except undercut, shall be at the lump sum price bid in the Proposal for "Earthwork". ' 4. UNDERCUT. Undercut shall be performed only where authorized by the Engineer. Measurement of undercut shall be as follows: ' a) Depth shall be measured down from existing ground after topsoil stripping or down from finish subgrade, whichever is lower, to depth as authorized by the 'Engineer. I 1 b) Width shall be the width undercut but will not exceed 12" behind the back of curb. Payment for undercut shall be at the unit price bid in the Proposal for "Undercut"`,and shall be full payment 'for removing and replacing the unstable material. ` 4 5. BORROW AND WASTE. Borrow material may be obtained I. and/or excess excavated material may be wasted in an area north of Pump Station Road and east of the box culvert. All work offsite shall be only as directed by ' the Engineer. 6. EXISTING DRIVES. All work performed at existing drives shall be coordinated with the property owners. At least ' one means of ingress and egress, a minimum of 30. feet wide, shall be maintained to all business establishments at all times. All existing drives shall receive 8" of ' SB-2 and 2"ofACHM or 5" concrete between the back of curb and right-of-way line. Maintenance of drives is not a bid item but is subsidiary to the various other ' items of construction. Payment for the paving of drives shall be at the unit price bid in the Proposal for "Driveways". 7. STORM DRAINS. Storm drains shall be installed where and as shown on the Plans. All metal pipe shall be asphalt coated. Payment for storm drain pipe shall 1 be at the unit price bid in the Proposal. 8. SB-2 BACKFILL. All storm drain pipe under paving shall be backfilled with properly compacted SB-2 base. The ' SB-2 base may be obtained from the existing' roadway and is not a pay item. ' 9. SEEDING & MULCHING. All slopes and other areas disturbed by construction shall be seeded, mulched, fertilized and watered in accordance"with Section 620,.of ' the StandardSpecifications for Highway Construction of the Arkansas State Highway and Transportation Department. Seeding shall be in accordance with Group II of said Section 620. Payment for this work shall be at the unit price bid in the Proposal for "Seeding & Mulching". ' 10. TRAFFIC CONTROL. All work is on or along existing streets. Traffic must be maintained through the projects at all times. The Contractor shall be ' responsible for dust control. The Contractor shall provide lights, signs, flagmen and detour roads,as required to properly alert the public to the work in progress and to safely route traffic thru the project. ' Payment for all work under this item shall be at thefl lump sum price bid in the Proposal for "Traffic 1 I I I L1 L I H I H H I I I I I I I I Control". 11. DEMOLITION. The existing culvert at.approximately Station 13+00 of Pump Station Road West shall be removed and the area properly backfilled. Payment for removal and backfill of the box culvert shall be at the unit price bid in the Proposal for "Demolition". 12. TESTING. Materials testing on the project shall be by an independent testing laboratory approved by the. Owner. The Contractor shall be responsible for payment to the testing laboratory. Testing shall be as directed by the Engineer. Payment for testing shall be at the unit price bid in the Proposal for the various tests to be conducted. 13., EXISTING UTILITIES. Existing utilities have been located as best could be determined without excavation and are shown on the Plans. The Contractor shall - contact all utility companies prior to the start of construction and shall be responsible for the protection of all utilities. Any conflict between existing utilities and new construction shall be reported to the Owner for resolution. 14. TIES TO EXISTING PAVING. Where new paving will connect to existing paving, the edge of the existing paving shall be saw -cut to smooth, straight lines and the existing paving material removed. The resulting edge shall be protected until new paving is complete. I I I All street right-of-way or accordance with Specifications, SECTION 1-100: STANDARD SPECIFICATIONS FOR STREET AND DRAINAGE CONSTRUCTION and storm drainage construction within the proposed right-of-way shall be performed in the City Regulations, A.H.T.D.'Standard and the following General Specifications: PREPARATION ' 1-101 CLEARING AND GRUBBING I I C I I I I I I I Street constructionareas are to be cleared of all fences, trees, logs, stumps, brush,° vegetation, rubbish, and other objectionable material. No trees six inches in diameter or larger are to be removed without explicit direction of the Engineer. All stumps are to be grubbed or cut two feet below subgrade elevation. The Contractor will remove and dispose of all material cleared and grubbed. Clearing and grubbing shall extend five feet either side of the pavement unless otherwise specified. Clearing and grubbing will be paid for at the lump sum amount bid on the Proposal. 1-102 TOPSOIL REMOVAL AND REPLACEMENT All topsoil within the limits of the excavations and embankments shall be removed and stockpiled along either side of the roadway or in other designated area. When roadwork is completed all exposed earth slopes and other areas disturbed by construction shall be re -dressed with a minimum of four inches of topsoil. Excess topsoil is to be disposed of by the Contractor. The topsoil replaced shall be free of large stones, roots, limbs, or other objectionable material and shall be spread evenly on all slopes, and lightly compacted. Should the on -site topsoil be inadequate, due either to quality or quantity, the Contractor shall provide satisfactory material from off -site. Costs for topsoiling shall be included in the lump sum price bid for EARTHWORK unless otherwise specified. 1-103 UNDERCUT Where unstable or unsatisfactory material is encountered in the roadway section, it shall'be removed and replaced with suitable material. Replacement will be made according to Section 1-104: Excavation and Embankment. Payment for undercut will be made at the unit price bid in the Proposal for that amount actually undercut and will be based on in -place volume determined by field cross -sections made after undercutting but before replacement. Replacement material will not be paid for separately but will be included in the unit price bid for undercutting. 1-104 ROADWAY EXCAVATION AND EMBANKMENT • 1. Suitable material shall.consist of soil; or a mixture of soil, stone or gravel. It shall be free of sod, logs, stumps, roots and other deleterious matter; and it shall be capable of ' forming a stable embankment when compacted. 2. Suitable material obtained during the excavating operations, shall be used in the construction of the roadway ' embankments and subgrade; and all unsuitable material shall be used behind the, curb, in the fill slopes, or hauled to an approved waste area. Excess material shall be removed from the site unless ' otherwise specified. I + 3. All street cuts and grades shall conform to those shown Ion the approved Plans or approved plan changes. 4., Sod and vegetable matter shall be removed from the fl surface upon which, embankment of less than four (4) feet is to be placed. 5. Roadway embankment, shall be constructed in'layers not to I. exceed eight (8)• inches (loose measurement), and shall be compacted at optimum to 3% above optimum moisture for that particular soil to a density, as determined by AASHTO T191 (Sand Cone Method) or AASHTO T238 (Nuclear Method), of not less than 95% 'of the maximum density obtained by AASHTO T99 (Standard Proctor). 6. In. areas where solid rock is encountered, it shall be ' excavated to a depth of. eight (8)'inches below subgrade elevation and replaced with approved material. ' 7. Rock less than 18" in maximum dimension obtained during excavation operations may be placed in layers not exceeding thirty (30) inches. The rock shall be placed in a manner that the voids between the rock fragments are filled with suitable material. The ' top twelve (12) inches of the finished subgrade shall not contain rock over four (4) inches in its greatest dimension. Is. Embankment which is adjacent to structures and inaccessible to normal compaction equipment shall be placed in four (4) inch (loose measurement) layers and compacted to 95% of ' maximum density as obtained by AASHTO T99. The material shall be compacted with mechanical equipment where it is inaccessible to the normal compaction equipment. ' Payment for excavation and embankment will be made at the lump sum price bid for EARTHWORK unless otherwise specified. ' SECTION 1-200: MATERIALS & CONSTRUCTION REQUIREMENTS 1-201 SUBGRADE. ' The subgrade soils shall be classified according to their I Group Index Classification (as determined by AASHTO M145-73) into the following 3 major soils types: a. SANDS AND GRAVELS: A-i, A-2, & A-3 Group Index. These are non -plastic materials with gravel and sand size ' material. i b. SILTS: A-4 & A-6 Group Index. The A-4 soil is a minus 40 sieve size which has a LL less than 40 and a PI less '• than 10. The A-6 soil is a minus 40 sieve size material with a LL less than 40 and a PI more than 10. Both soils have very little clay. ' c. CLAYS: A-7 and A-7-6 Group Index. These are the clays and have a LL greater than 40 and a PI greater than 10. There is an A-5 Group Index classified soil which has a LL greater than 40 and a PI less than 10. A-7 Group Index soils are the very poor soils which should be avoided if possible. ' 1. In fill sections where A-6 or A-7 soils are encountered which have a Liquid Limit (LL) greater than 40 or a Plastic Index (PI) greater than 10, an upgraded embankment material should be used in the top two (2) feet of the subgrade; or the top six (6) inches of the subgrade treated with lime. In cut sections where A-6 or A-7 soils are encountered which have a LL greater than 40 or a PI greater than 10,,the top six (6) inches of the subgrade ' should be treated with lime. These requirements are in addition to the pavement section required based upon the soils type of the existing subgrade material. ' 2. The subgrade shall be prepared in such a manner to insure a firm foundation that is stable and free from dust ' pockets, wheel ruts and other defects. 3. The top eight (8) inches of the subgrade shall be compacted to a density, as determined by AASHTO T191 or T238, of not less than 95% of the maximum density obtained by AASHTO T99. • This shall be accomplished by scarifying as necessary, shaping and compacting to the required grade and section at near optimum moisture content. 4. The finished subgrade shall be stringlined to within + 3/4 inch of the finished grade and typical section shown on the approved Plans. Fine grading of the subgrade will not be a separate pay item but will be considered as part of the price bid for base and/or pavement. ' 1-202 CURB AND GUTTER '1. The subgrade shall be shaped and compacted to the required grade and section as shown on the Plans. All unsuitable material, including soft and yielding material, shall be removed and replaced with suitable material and compacted to the proper tdensity. I k I I r I I I I I I I I L L. L CI C L 2a. For Flexible• Pavements, the appropriate depth of base material shall be carried at least one (1) foot beyond the back of the curb for drainage. This requirement only, applies when the• total flexible pavement structure is ten (10) inches or more. This will require a minimum of four (4) inches of SB-2, SB-3, asphalt stabilized base, or cement treated base between the subgrade, and the curb and gutter. In effort not to produce a trench section, the base material should be daylighted where possible and feasible.. If the flexible pavement structure is nine (9) inches or less it is not required to carry the base material under the curb and gutter. 2b. For Concrete Pavement, the drainage blanket shall be carried at least one (1) foot beyond the back of the curb and gutter. The slope of the subgrade shall be maintained under the curb and gutter and for at least one (1) foot behind. Any buildup for the curb and gutter shall be with drainage blanket. In efforts not to produce a trench section, the drainage blanket should be daylighted where possible and feasible. 3. All utility lines, including service lines, shall be laid, backfilled and compacted with SB-2 or SB-3 base or other material suitable to the Engineer before the curb and gutter is constructed. 4. Any service or utility line crossings not placed before the pavement and curb and gutter are constructed shall be installed by boring, and the procedures shall be approved by the Engineer. A permit and a cash deposit or bond shall be required. CURING OF THE PAVEMENT WILL NOT BE PERMITTED. 5. All curb and gutter shall be constructed of Portland Cement Concrete in accordance with the dimensions on the Plans, and consisting of a minimum 5-1/2 sack mix with a minimum 28 day compressive strength 'of 4,000 PSI and a minimum flexural strength of 600 PSI. 0 6. Where flexible pavements are used, expansion joints shall be provided at fifty (50) foot intervals, at stationary structures, such as drop inlets and at curb returns. They are to be constructed at right angles to the curb line. Where rigid pavements are used, sawed joints shall be provided to match the transverse joints in the concrete pavement and expansion joints shall be provided at stationary structures such as' drop inlets and at curb returns. The expansion joint material shall have a thickness .of one-half (1/2) inch and conform to AASHTO M213. The curb and gutter shall be cured with a curing compound or wet burlap. 7. If the subgrade or drainage blanket is dry, it shall be wetted just prior to placing the concrete so the moisture will not be pulled from the concrete. L I 8. After the concrete curb and gutter has set, the area behind the curb shall be partially backfilled before the base ' material is placed and compacted. 9. Curb modifications for driveways shall be in accordance ' with the details as shown on the Plans. The driveway shall slope up to a minimum elevation at the street right-of-way equal to the height of the curb. As an alternate, the entire curb and gutter section for the driveway may be sawed vertically for the full ' depth and removed. The curb and gutter shall then be constructed as a part of the driveway. The modified curb and gutter must have 1/2" filled construction joints at each end of the driveway. ' 10. Payment for concrete curb and gutter will be made at the unit price bid per foot of finished curb installed. ' 1-203 CRUSHED STONE BASE COURSE 1. The base material shall consist of a mixture of crushed stone and natural fines, and shallhave a percent loss by the Los Angeles Test (AASHTO T96) 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 t 3/4" 10-50 0-35 #4 50-75 50-75 #40 70-90 70-90 ' #200 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). I. 2.— The depth of the crushed stone base course shall be within + 1/2 inch of the required depth shown on the Plans. The average of all depth measurements shall not be less than the required depth shown. Any depth in excess of the + 1/2 inch shall not be used in computing the average depth. 3: 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 occur. ? Under no circumstances shall the base course be placed on a frozen subgrade. 4. 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 I 4 �■ compacted in layers. The density of the compacted material in each. layer, as determined by AASHTO T191 or T238, shall not be less than 95% of .the maximum density as obtained by AASHTO T180, (Modified Proctor). IS. Then stringlined, the surface shall be within + 1/2 inch of the typical section shown on the Plans. 6. Payment for base will not be a separate pay item but will be included in the unit price for pavement. 1-204 CEMENT TREATED CRUSHED STONE BASE 1. The cement treated crushed stone base shall consist of aggregate meeting the requirements for SB-2 or SB-3, 3% to 6% by ' weight of Type 'I Portland Cement, and water at + 1% of optimum. The percent cement and water shall be determined from laboratory tests. The specimens of aggregate, cement and water must develop a compressive strength of at least 650 PSI in 7 days. ' 2. The cement treated base shall not be mixed or placed while the atmospheric temperature is forecast to be below 45OF ' within 24 hours, or when the weather is foggy or rainy. During weather below 320F the cement treated base shall be protec8ed for 7 days. When the temperature is expected to drop below 35 F, a sufficient supply of hay, straw, or other material. suitable for • cover and protecting the previously placed material shall be used. Any cement treated base which has been damaged by freezing, or otherwise, shall be removed, and replaced at the Contractor's expense. 3. The crushed stone base, cement, and water shall be mixed ' in a pugmill either of the batch or continuous flow type. Aggregate and cement shall be dry -mixed sufficiently to prevent cement balls from forming when water is added. Mixing shall ' continue until a uniform mixture of aggregate, cement and water has been obtained. The mixture shall be hauled to the roadway in trucks equipped with protective covers. I. 4. The mixture shall be laid upon an approved subgrade, spread and struck off to the grade and elevation established. An approved concrete or bituminous paver shall be used to distribute the mixture. Dumping of the mixture i:n piles or windrows will not be permitted. Under no circumstances shall the base course be • placed on a frozen subgrade. I5. Immediately prior to spreading the mixture, the subgrade shall be moistened and kept moist, but not excessively wet, until covered by the mixture. Not more than 60 minutes shall elapse between the time of mixing and the beginning of compaction. The density, surface compaction and finishing operation shall not require more than two hours. Water shall be added, if necessary, during the finishing operation in order to maintain the mixture at the proper moisture content for securing the desired surface. Areas inaccessible to rollers or finishing and shaping equipment shall be thoroughly compacted to the required density by other ' approved compacting methods and shaped and finished as specified. 6. The cement treated crushed stone base shall be ' constructed in layers not exceeding six (6) inches of compacted depth at substantially optimum moisture. The density of the cement treated crushed stone base, as determined by AASHTO T191 or T238, shall not be less than 95% of the maximum density as ' obtained by AASHTO T180. 7. After the cement treated base has been finished, it ' shall be protected from drying by the application of approximately 0.2 gallons per. square yard of,bituminous material. The bituminous material shall be applied as soon as possible, but in no case later than 24 hours and maintained for 7 days. The type of asphalt used for protection and cover for the cement treated • base will be at the option of the Contractor, subject to the approval of the Engineer. 8. No vehicles shall be allowed; on the cement treated base during the 7 day curing period. Finished portions of cement ' treated base that are used by construction equipment shall be protected in such a manner to prevent equipment from marring or • damaging the completed work. Any damage to the cement treated base resulting from vehicles shall be removed and replaced at the Contractor's expense. 9. The depth of the cement treated base shall be within + 1/2 inch of the depth shown on the Plans. The average of all depth measurements shall not be less than the required depth shown on the Plans, and any depth in excess of the + 1/2 inch shall not ' be used in computing the average depth. 10. When stringlined, the surface shall be within + 1/2 inch of the typical section as shown on the. Plans. 11. Payment for cement treated base will not be a separate pay item but will be included in the unit price for pavement, ' unless otherwise noted in the Detailed: Specifications. 1-205 DRAINAGE BLANKET The drainage blanket shall be one; of the materials listed below. 1. Coarse limestone screenings meeting the following • gradation: I SCREEN SIZE PERCENT RETAINED 1/2" 0 #4 24-35• #10 78-88 #20 92-100 #40 94-100 #200, 96-100 If necessary, the screenings shall be rolled with a light steel, wheel roller.. The minimum depth shall be at least 2 inches unless the Engineer specifies a thicker depth, but in no case should the depth exceed 4 inches. 2. Surface treatment aggregate meeting the A.H.T.D. Standard Specification requirements for Class 10 Mineral 'Aggregate. 3. Asphalt stabilized base course meeting the requirements ' of Section 3-206 of these Specifications. 4. Cement treated base course meeting the requirements of Section 3-204 of these Specifications. 5. Any other well draining material approved by the ' Engineer. 6. Payment for drainage blanket will not be a separate pay item but will be included in the unit price for pavement and/or curb and gutter. 1-206 ASPHALT STABILIZED BASE COURSE IAsphalt Stabilized Base Course (Black Base) shall meet the A.H.T.D. Standard Specification requirements for Hot Mix Asphalt Stabilized Base Course, with the following exceptions: • 1. The depth of the Asphalt Stabilized Base shall be within + 1/2 inch of the required depth shown on the Plans. The average ' of all depth measurements shall be not less than the required depth shown on the Plans and any depth in excess of + 1/2 inch shall not be used in computing the average depth. When ' stringlined, the surface shall be within + 1/2 inch of the typical section shown on the Plans. 2. The aggregate shall meet the requirements for SB-2 or SB-3 Crushed Stone Base Course. 3. The aggregate and asphalt shall be mixed in an approved t drum or batch plant, and placed on an approved subgrade with a normal hot mix paver. 4. The mixture shall be rolled and compacted while hot to minimum density of 95% of the maximum density as obtained by the I A.H.T.D. Standard Proctor Design procedures. IS. Unless otherwise directed -by the Engineer, a tack coat shall be used between succeeding asphalt layers. The tack shall meet the A.H.T-.D. Standard Specification requirements for tack coat. 6. The Supplier shall submit a'Materials Certification containing the aggregate gradation, asphalt content and the unit weight in pounds per cubic foot. 7. Payment for Asphalt Stabilized base will not be a ' separate pay item but will be included in the unit price for pavement. 1-207 ASPHALT HOT MIX BINDER AND ASPHALT HOT MIX SURFACE COURSES I I I I I I I I 11 Asphalt Hot Mix Binder and Asphalt Hot Mix Surface Courses shall meet the A.H.T.D. Standard Specifications for Hot Mix Binder and Surface Courses with the following' exceptions: 1. . The depth of the Asphalt Hot Mix Binder Course shall be within + 1/2 inch of the required depth shown on the Plans. The average of all depth -measurements shall be not less than the required depth shown on the Plans, and any depth in excess of + 1/2 inch shall not be used in computing the average depth. 2. The depth of the Asphalt Hot Mix Surface Course shall be within + 1/4 inch of the depth shown on the Plans,. plus any additional depth required as a result •of deficient depth(s) of binder and base material. The average of all depth measurements shall be not less than the required depth, and any depth in excess of the 1/4 inch shall not be used in computing the average depth. 3. The crushed stone base course or cement treated crushed stone base course shall be primed. The prime. coat shall meet the A.H.T.D. 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. 6 4. Unless otherwise directed by the Engineer, a tack coat shall be used between succeeding asphalt layers. ,The tack shall meet the A.H.T.D. Standard Specification requirements for Tack Coat.. 5. The binder course shall meet the gradation requirements for Type 1 or Type 2 Binder Course. 6.. The surface course shall meet the gradation requirements for Type 2 or Type 3 Surface Course. L I 7. The binder and surface course shall be designed with a minimum 50 blow Marshal 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. 8. The Supplier shall submit a;Materials Certification giving the stability, gradation, asphalt content, and maximum theoretical density of the.mix.` 1 9. 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. ' 10. If the nuclear gauge is used to determine density, it must'.be correlated with cores taken from the roadway. 11. The maximum thickness that can be placed in a lift is 4 • inches, provided the Contractor can demonstrate that he can obtain the required density., 12. In no case shall the speed of any roller exceed 3 miles per hour. If a vibratory roller is used for compaction, special ' care shall be taken not to. de -compact the mixture by over -rolling. The number of roller passes is very critical to proper compaction. 13. The surface course surface, when checked with a 10 foot straight edge parallel to the centerline, shall not exceed + 1/4 inch. I. 14. Payment for asphaltic concrete surface and binder course • shall be made at the unit price bid per square yard and shall include base course and prime coat as specified. ' 1-208 PORTLAND CEMENT CONCRETE PAVEMENT The Portland Cement Concrete Pavement shall meet the A.H.T.D. Standard Specification requirements for Portland Cement Concrete' Pavement,. with the following exceptions: 1. The depth of the concrete pavement shall be within + 1/4 inch of the required depth shown on the Plans, plus any additional depth required as a result of a deficient subbase depth. The ' average of all depth measurements shall be not less than the required depth, and any depth in excess of the + 1/4 inch shall not be used in computing the average depth. ' 2. The concrete shall be a minimum 5-1/2 sack mix and have • a minimum 28 day compressive strength of 4,000 PSI. and a minimum flexure strength of 600 PSI. The mix shall contain an air ' entraining agent which produces 5% + 2% air entrainment in the concrete. The slump shall be 2 to 4 inches if conventional paving equipment is used, and 1 to 2 inches if slipform paving equipment ' is used. .. I ' 3. The concrete. shall be placed on an approved subbase or subgrade which shall be wetted just prior to placing the concrete. 4. After the concrete has been placed,. consolidated and struckoff with a transverse screed or slipform paver, it shall be ' checked for surface smoothness with a:10 foot straightedge parallel to'the centerline for surface. The straightedge shall be lifted and placed on the centerline and pulled to the edge of the pavement. Each time the straightedge' is moved forward, it shall overlap the preceding area by. at leastone-half.of the straightedge length: Any surface irregularities shall be corrected at this time while the concrete"is still in a plastic 1 condition. Care shall be taken in a slipform operation not to pull down the pavement edge during the straightedge operation. j5. The concrete pavement shall be cured with a curing compound meeting the A.H.T.D. Standard Specifications for Curing Compound. 6. Unless otherwise specified or approved by the Engineer, all pavement lanes shall be tied together with 30 -inch #4 reinforcing, bars on 36 -inch centers. ' 7. Unless otherwise specified or approved by the Engineer, the transverse joints:shall be sawed in the concrete pavement ' perpendicular to the centerline and on 15 foot centers. The depth of the joint shall not be less than 1/4 the slab thickness (T) PLUS 1/2 inch. The joint width shall be approximately 1/4 inch. The longitudinal centerline joint and the longitudinal joint between lanes of a four (4) lane street shall be sawed to the same joint depth and width dimensions, or the new lane may be keyed to the adjacent lane. 8. All joints shall be filled with a silicone joint material or a -preformed joint material meeting the A.H.T.D. Specification requirements for PCC Pavement Contraction and 1 Warping Joint Material. 9. Payment for concrete pavement will be made at unit price I. bid per square foot of;finished surface. This price shall include all labor, material,, and equipment necessary to fine grade the subgrade, supply and lay the base course'or drainage blanket if required, and supply and lay the concrete surface. 1-209 PAVEMENT SURFACE SMOOTHNESS ' The Contractor shall check the surface of each material with a 10 foot straightedge and any correction to the surface shall be made to the flexible layers prior to final compaction or to the .concrete surface while the concrete is, still plastic. 1. The finished surface when checked with a 10 foot straightedge parallel to the centerline shall show no deviation more than 1/4 inch of. ASHM Surfaces or Concrete Surfaces. it 2. Skin patching and feather edging of the final surface ' course will not be permitted, except at the beginning or ending of the project. Surface deviations in excess of 1/4 inch shall be corrected by grinding or overlaying, Or as directed by the Engineer. ' 1-210 CAST -IN -PLACE CONCRETE 1. Description. This item shall consist of concrete and reinforcing steel in paving, bridges, culverts, inlets, manholes and miscellaneous structures prepared and constructed in accordance with these Specifications,'and conforming to the lines, ' grades and dimensions shown on the Plans. Concrete shall consist of an approved Portland cement, a fine aggregate, a coarse aggregate and water mixed in proper proportions to achieve the ' strength and workability specified. The minimum cement content shall be as specified for each type of mix. 2.. Materials. No materials shall be used containing foreign matter, frost, or lumps or crusts of hardened substances. Portland cement shall conform to the requirements of AASHTO M85. Unless otherwise specified, Type I shall be furnished. Air ' entraining agent shall comply with the requirements of AASHTO • M154, and shall be added to the mixing water in solution. Unless otherwise specified, the concrete shall contain,4 to 7 percent ' entrained air in the plastic state. Admixtures, other than air entraining agent, shall not be allowed unless otherwise approved by the Engineer. Reinforcing steel shall conform to the requirements of ASTM A615 or A617. 3. Classification and Proportidning'of Concrete. Three classes of concrete are provided for in these Specifications. ' Each class of concrete shall be used as shown on the Plans or described in the Detailed Specifications. Concrete shall meet the following requirements: ' Class of Size of Coarse Min. Cement Slump Air Min. Comp. Concrete Aggregate Content (In.) Content Strength Bags/CY. @ 28 Days A 1 1/4" to #4 5 2"-4" .5+2 2,000 PSI B 1 1/4" to #4 5.5 2"-4" 5+2 3,000 PSI IC 1 1/4" to #4 6.5 2"-4" 5+2 4,200 PSI 4. Forming. .Forms shall be mortar tight and of sufficient rigidity to prevent distortion due to the pressure of the concrete and other loads incident to the construction operations. Forms of exposed surfaces shall be made of dressed lumber of uniform thickness, or other approved materials which will provide a smooth surface. All exposed corners shall be chamfered 3/4 inch unless otherwise shown. i Metal ties or anchorages within the forms shall be so constructed as to permit their removal to a depth of at least 1 ' 1/2 inches from the face without injury to the concrete. Forms shall be treated with oil immediately before placing ' the concrete. Material which will adhere to or discolor the concrete shall not be used. Forms shall remain in place a period of time after placement of concrete adequate to insure properscuring of concrete, but in no case less than 24, hours without approval of the Engineer. IS. Reinforcing Steel. When placed in the work, reinforcing steel shall befree of dirt, detrimental scale; paint, oil or other foreign substance. Bar reinforcement shall be cut to the ' lengths and bent to the shapes shown on the Plans. Steel reinforcement shall be accurately placed in the positions shown on the Plans and firmly held during the placing and setting of the concrete. Bars shall be tied at all intersections except where spacing is less than 1 foot in each direction, in which case alternate intersections shall be tied. Distances from the forms shall be maintained: by means of stays, ties, hangers, or other approved supports. If fabric reinforcement is shipped in rolls, it shall be straightened into flat sheets before being placed. Splicing of bars, except where shown on the Plans, will not 'be permitted without the approval of the Engineer. Unless • otherwise shown, bars shall be lapped 40 diameters to make the splice. I6. Handling and Placing Concrete. No concrete shall be placed on a frozen or soft subgrade. Sawdust, chips and other ' construction debris and extraneous matter shall be removed from the interior of forms. Where placement is upon dry earth or gravel, the surface shall be dampened immediately prior to placement. The concrete when -placed shall be of the consistency and workability required for the job. .All concrete shall be placed before it has taken its initial ' set.. Concrete shall be discharged into the forms complete within 1 1/2 hours after the introduction of mixing water to the cement and aggregates except that this time may be reduced by the Engineer in hot weather. When the internal temperature of the plastic concrete reaches 85°F, the Contractor shall take the necessary precautions to insure that the temperature of succeeding batches does not exceed 900F. ' When the ambient temperate is above 90°F, the forms, reinforcing steel and other surfaces which will be in contact with ' the concrete shall be cooled by means of a water spray or other approved methods. I No concrete shall be placed when the air temperature is below 35OF unless provision is made for heating the ingredients and for enclosing the concrete and heating the enclosure. No concrete shall be placed when the weather forecasts indicate air temperatures below 32°F during the succeeding 5 days unless ' provision is made for enclosing the concrete and heating the enclosure. Insulated forms may be used provided they have prior approval. The concrete shall be enclosed immediately after placement and the.concrete and air in.the enclosure kept above 50°F for a period of five days. All concrete, during and immediately after placing, shall be thoroughly consolidated by mechanical vibration.The vibration shall be of sufficient duration and intensity to thoroughly consolidate the concrete, but shall not be continued so as to cause segregation. Vibration shall not be continued at any one point to the extent that localized areas of grout are formed. Upon removal of forms, any honeycombed areas shall be ' immediately removed or repaired. Loose rock and concrete shall be removed, the honeycombed area keyed with a chisel or other means, and anon -shrink grout applied. Should there be any areas which, ' in the opinion of the Engineer, are honeycombed to such an extent that the structural strength or aesthetic value of the concrete has been reduced to an unacceptable level, the concrete shall be ' removed and replaced. The area to be removed shall be as directed by the Engineer and may extend beyond the flawed area in order to retain structural integrity or a pleasing appearance. 7. Finishing. Concrete surface finishes shall be classified as follows: ' Class 1. Ordinary Surface Finish Class 2. Rubbed Finish Class 3. Brush Finish ' All concrete shall be given a Class 1, Ordinary Surface • Finish and, if further finishing is required, such other type of finish as is specified. • Immediately following the removal of forms, a Class 1 finish shall be obtained. Fins and irregular projections shall be ' removed from surfaces. Cavities produced by form ties and all other holes, broken corners or edges, and other defects shall be thoroughly cleaned and carefully pointed and trued with mortar. ' The resulting surface shall be true and uniform. The exposed face(s) of formed concrete (i.e., headwalls, wingwalls, etc.) shall receive a Class 2, Rubbed Finish. The ' rubbing of concrete shall start as soon as conditions will permit after the removal of forms. Surfaces to be finished shall be saturated with water and rubbed with a medium coarse Carborundum ' stone, using a.small amount of mortar on •its face. Rubbing shall be continued until form marks, projections and irregularities have I t I ' been removed, voids filled, and a uniform surface has been obtained. The final finish shall be obtained by rubbing with a fine Carborundum stone and water until the entire surface is of a smooth texture and uniform color. I. Unless otherwise specified, the exposed horizontal surface of concrete shall receive a Class 3, Brush Finish. After the concrete has been placed, consolidated, screeded, and laitance removed, the surface shall be finished by dragging a wire or fiber broom across the surface transverse to the centerline of the surface. The resulting grooves shall be substantially from 1/16 to 3/16 inch in depth. 8. Tolerances. Reinforcing steel shall be placed within 1/2 inch of planned spacing and within 1/4 inch of planned ' clearance form face of concrete. Unless otherwise specified concrete shall be placed to within + 1 inch of plan grade. ' 9. Curing. The concrete shall, be cured by covering with wet burlap blankets or coating with white pigmented membrane curing solution. When membrane curing is used the exposed concrete shall be thoroughly sealed immediately after the free ' water has left the surface with a curing solution conforming to the requirements of AASHTO M148. When curing with mats or blankets, the exposed surface shall be covered as soon after finishing as possible without marring; the finish of the concrete. 10. Joints. Joints shall be made in structures only as shown on the Plans. Edges at expansion joints shall be tooled. Expansion joints shall be made with a bituminous type preformed joint filler meeting the requirements of AASHTO M33. Contraction joints shall be filled with a cold -poured synthetic polymer which will form an effective seal against water ' and incompressibles. It shall cure sufficiently in three hours so that it will not pick up under traffic. 11. Backfilling and Opening to Traffic. Concrete structures shall not be backfilled in less than 7 days from completion of placement unless concrete test cylinders indicate the concrete to be at design strength.. No fill shall be placed over a concrete structure in less than 14 days from completion of the structure, and then only if concrete test cylinders indicate the concrete to be at design strength. Bridges shall not be opened to traffic in ' less than 28 days from completion unless otherwise approved by the Engineer. 12. Testing. •A minimum of one set of concrete test ' cylinders -shall be made each day that concrete is placed, further provided that one set shall be made for each 50 cubic yards, or increment thereof, placed each day. A set shall consist of a ' minimum of 3 cylinders. The cylinders shall be made and tested by an independent engineering testing laboratory, or the Contractor I I may make the cylinders in the presence of the Engineer and deliver ' the cylinders to the laboratory for testing. One cylinder shall be tested at 7 days from date of placement. Should the 7 day test result be less than design strength, a second cylinder shall be tested at 28 days, or a lesser period' if approved by the Engineer. Should test specimens indicate that the in -place concrete is not at design strength 28 days from date of completion, the ' Contractor may be required to provide cores'ofthe in -place concrete, of the diameter required by:the Engineer, for testing. Should these tests of the in -place concrete indicate a strength ' less than design, the Contractor may be required to remove and replace the inferior concrete. In order to retain the structural integrity or, in the case of exposed concrete, to maintain the aesthetic value of the work, additional concrete may be required to be removed and replaced. Unless otherwise specified, the Contractor shall be ' responsible for all costs associated with the compression testing of concrete. The Engineer may at any time make, or have made, slump and ' air entrainment tests of the concrete being placed. The Contractor shall cooperate with the Engineer in taking of the sample and the making of these tests.' Any concrete not meeting ' the Specifications for the Class of concrete being placed shall be immediately corrected or removed from the job. The Contractor shall not be responsible for any costs associated with slump and air tests. 13. Corrections to Work. The Contractor shall be completely responsible for providing concrete of!the quality specified and ' placing the concrete to the lines and grades shown on the Plans within the tolerances specified. The costs for any and all work and materials required to being the finished product is not in compliance with the Plans and Specifications, including the removal and replacement of concrete, shall be the responsibility of the Contractor. The Contractor shall not grumble or gripe to ' the Engineer and shall maintain a pleasant attitude while making corrections. 14. Method of Measurement. Where work is performed under a ' unit price contract the Engineer shall measure the actual work completed which is in compliance with the Plans and Specifi- cations. No additional payment shall be made for materials extending beyond plan depths of limits (i.e., concrete in footings, base under paving, etc.). 15. Basis of Payment. The Engineer's measurements shall be used as the basis for payment. Where work is bid on a "lump sum" or "per each" basis, payment for work partially completed may be made, at the discretion of the Engineer, with periodic estimates. ' No payment will be made at any time for work which is not in compliance with the Plans and Specifications. 1 I SECTION 1-300: STORM DRAINAGE, PIPE AND PIPE UNDERDRAIN I. REQUIREMENTS 1-301 PIPE 1. Reinforced concrete pipe shall conform to AASHTO M170 for circular pipe and to AASHTO M206 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 preformed plastic gaskets conforming to AASHTO M198, Type B. 2. Corrugated steel pipe shall conform to AASHTO M36, AASHTO M190 for coated pipe and to AASHTO M218 for sheets to form pipe. As an alternate to bituminous coated pipe, precoated pipe ' meeting the requirements of AASHTO M245 and M246, for Type B may be substituted. ' 3. The manufacturing and furnishing of corrugated aluminum pipe shall conform to the requirements of AASHTO M196 and to AASHTO M197 for sheets to form pipe. ' 4. All flared end sections shall be reinforced concrete. The reinforced concrete flared end sections for circular and arch concrete pipe shall meet the applicable requirements. for Class II or higher class of pipe. 5. 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. 6. Corrugated metal pipe or arch pipe shall have helical ' corrugations, be capable of withstanding an H2O loading and bituminous coated where specified. Gauges for corrugated metal pipe shall be as follows: Size 15 inches through 24 inches (or ' equivalent) shall be 16 gauge; size 30 inches through 42 inches (or equivalent) shall be 14 gauge, unless otherwise specified in the Detail Specifications. ' 7. Smooth interior corrugated polyethylene storm sewer pipe where specified for use by the Engineer shall be high.density polyethylene corrugated pipe with an integrally formed smooth interior having a mannings "n'.' factor of 0.010. ,Pipe and fittings shall be made of polyethylene compounds ' which meet or exceed the requirements of Type III, Category 4 or 5, Grade P33 or P34, Class C per ASTM:D-1248 with the applicable requirements defined in ASTM D-1248. Clean reworked material may ' be used. Minimum parallel plate stiffness values at 5% deflection shall be as follows: i I 1 Diameter Pipe Stiffness* ' 12" 45 psi 15" 42 psi ' 2 40 psi • 24" 34 psi 30" 28 psi *Per ASTM Test 36" 22 psi Method D-2412 ' The pipe and fittings shall be free of foreign inclusions and ,visible defects. The ends of the pipe shall be cut squarely and cleanly so as not to adversely effect; joining. The nominal size, for the pipe and fittings is based on the nominal inside 'diameter of the pipe. Corrugated fittings may be ' either molded or fabricated by the manufacturer. Fittings produced by manufacturers other than the supplier of the pipe shall not be permitted without the approval of the Project '• Engineer. Joints shall be made with split couplings, corrugated to ' match the pipe corrugations, and shall engage a minimum of 6 corrugations for 12"-24" diameter and;4 corrugations for 30" and 36" diameter pipe. Where required by'the Engineer, a neoprene gasket. shall be utilized with the coupling to provide a soil tight ' joint.' Installation shall be in accordance with ASTM Recommended ' Practice D-2321 or as specified by the Project Engineer or local approving agency. A manufacturers' certification that the product was manufactured, tested, and supplied in accordance with this specification shall be furnished to the Project Engineer upon request. ' All polyethylene storm sewer pipe shall be laid on grade, on a layer of bedding material such as grit, SB-2 base material or ' native fine-grain material free of organic material if approved by the Engineer prior to installation. The pipe shall be backfilled in 6" layers and compacted to 90% of Standard Proctor Density, • under the haunches, around the sides and above the pipe to the required finish grade. The unit price bid for polyethylene storm sewer pipe shall include all required bedding and compacted backfill material for a complete approved installation. 1 8. All pipe shall have a minimum cover at subgrade elevation of one (1) foot at the shoulder of curb, unless otherwise approved by the Engineer. ' 9. It may be necessary to install temporary bracing in the large diameter pipes which will be laid at shallow depths to C I fl prevent crushing the pipe by the equipment during the backfill operation. 10. Payment for drainage pipe will be made at the unit price bid per linear foot and will include all required backfilling and compaction as specified. ' 1-302 EXCAVATION, TRENCH PREPARATION AND INSTALLATION Ii. where the pipe is laid below ground line, the trench shall be excavated to the required depth and width to allow sufficient room for tamping of backfill. The bottom of the trench shall be shaped to conform to the bottom of the pipe. Where pipe ' is not laid in a trench, a uniform firm bed shall be made as specified above. 2. When rock is encountered in; the trench, it shall be ' removed to a minimum depth of six (6).inches below the pipe, and the excess depth shall be filled with a suitable material and compacted. ' 3. All unsuitable material, including soft and yielding material, shall be removed and replaced with suitable material and ' compacted to insure a firm support. 4. The pipe shall not be laid in water or in unsuitable ' weather or trench conditions, unless approved by the Engineer. 5. After each joint of pipe has been graded, aligned and placed in final position, the bedding -material shall be deposited and compacted under and around each side of the pipe and back of the bell, or the end thereof, to firmly hold and maintain the pipe • in proper position and alignment during subsequent pipe joining, ' embedment and backfilling operations. 6. No debris creating a clogging action shall be allowed to ' remain in the storm drainage system. 7. All storm drainage pipe, under any street or driveway improvement, shall be backfilled with SB-2, SB-3 base or material ' approved by the Engineer and compacted before the base and curb and gutter are constructed. The backfill base material shall be brought up evenly on each of the pipe, to avoid displacement. ' Special care shall be taken to compact the material under the haunches of the pipe. The base material shall be compacted with mechanical equipment to at least 95% of the maximum density as I. determined by AASHTO T180. 8. When culvert pipe is to be relayed, the construction procedures shall be in accordance with the A.H.T.D. Standard Specification requirements for Relaying Culvert Pipe. I ' 9. When structural plate pipe and arches are used, the ' materials and construction procedures shall be in accordance with the A.H.T.D. Standard Specification requirements for Structural Plate Pipe and Arches. Flared end sections may be used when ' approved by the Engineer.' 10. Payment for excavation, trench preparation and installation will not be a separate pay item but will be included ' in the unit price bid per linear foot of pipe. 1-303 HEADWALLS, DROP INLETS AND JUNCTION BOXES 1. All drainage structures shall be constructed of reinforced concrete and shall meet all requirements for "cast -in - place concrete" as noted in Section 1-210. ' 2. All concrete shall be a minimum of Class B as noted in Section 1-210(3). ' 3. The minimum thickness of reinforced concrete walls, floors, and tops shall be six (6) inches. 4. Concrete drainage structures shall be constructed with reinforcing steel having a maximum spacing of twelve (12) inches on centers and a minimum size of number four (4) bar. ' 5. Concrete bottoms for structures shall be poured at least 24 hours prior to beginning construction of the vertical walls,. 6. Junction boxes shall have a minimum interior dimension of four (4) feet. ' 7. 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. 8. All drop inlets, junction boxes and box culverts shall have 2 inch to 3 inch deep holes at the subgrade elevation. 1-304 RINGS, COVERS, GRATES AND FRAMES 1. Iron castings shall conform to ASTM A48 Class 30A for Gray Iron Castings. 2. 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. ' 1-305 PIPE UNDERDRAIN 1. Pipe underdrains (french drains) shall be installed in all sidehill cut areas, any area where subsurface water is ' encountered and other areas as determined by the Engineer. I I. 2. The underdrain shall be located just behind the curb. 3. Outlets should be provided on at least 300 foot • intervals, or as approved by the Engineer., but in no case shall the length exceed 700 feet. To the extent possible, the underdrain pipe should be connected to a drop inlet or box culvert of the storm drainage system. ' 4. The underdrain material and: construction procedures shall be in accordance with the A.H.T.D. Standard Specifications for Pipe underdrain, with the following exceptions:. • a. Only Corrugated Polyethylene Tubing and Acrylonitrile-Butadiene-Styrene Pipe shall be used in the construction of..pipe underdrain. b. Granular filter material shall meet the requirements of the A.H.T.D. Standard Specifications for • ' Coarse Aggregate for Class A concrete, or the pavement filter blanket material requirements contained in this Ordinance. c. The non -woven geotextile fabric having the following properties shall be used as a liner for the pipe underdrain: ' PROPERTIES TEST PROCEDURES VALUE weight, oz./sq.yd. ASTM D-1910 4.1. Mm. ' Thickness, mils. ASTM D-1777 40 Min. Tensile Strength, lbs. ASTM D-1682 115 Min. Elongation, % ASTM D-1682 .55 Min. .Puncture Strength, lbs. ASTM D-751 70 Min. (Modified) Mullen Burst ASTM D-751 260 Min. Strength, PSI '• Coefficient of Permeability, cm/sec. Constant Head .10 Min. Id. Trenches shall be excavated to a minimum depth of twenty-six (26) inches below the top of the curb. ' e. Following excavation of the trench, the non -woven geotextile fabric, liner shall be placed in the trench. The liner shall be of sufficient width to cover the bottom and sides of the trench and lap a minimum of one (1) foot across the top of the granular filter material used to backfill above the top of the pipe. I. SECTION 1-400: INSPECTION/SAMPLING/TESTING REQUIREMENT 1-401 INSPECTIONS 1. The following three (3) types of inspections will be made during 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 completion of all work. ' 2. All inspections will be made by the Engineer and Street Superintendent or their designated representatives. The phase inspections and the final inspection will be made with the Contractor tand the Engineer. 3. The Engineer has the authority to increase the amount of inspection and/or sampling and testing. 4. A phase inspection is REQUIRED upon the completion of the following phases of work: a. Completion of the subgrade, b. Completion of the base: course and curb and gutter, ' c. Completion of the paving. 5. Any work performed on a Phase prior to the approval of the previous phase shall be removed and replaced with satisfactory materials and workmanship. ' 6. All unsatisfactory work or materials shall be removed and replaced with satisfactory materials and workmanship. ' 7. If the project is long, the phase inspections may be made on a small portion of the project, but not less than 1,000 feet in length. ' 1-402 SAMPLING AND TESTING REQUIREMENTS 1. The City Authorities, with the approval of the ' Developer, shall retain the services of a Testing Laboratory or Registered Professional Engineer practicing in the materials and testing field, hereafter referred to as the Lab Engineer, to ' perform all sampling and testing. The Developer will reimburse the City of the costs of all sampling; and testing performed on the project. Any additional sampling and testing as a result of failing tests and/or poor workmanship will be paid by the Contractor. 2. The Lab Engineer will report all test results to the ' Street Superintendent with a copy to the Engineer. I. 4 I. • 3. In the case of failing tests or poor workmanship, the ' Street Superintendent may direct the Lab Engineer to perform additional sampling and testing, 4. The following is the minimum sampling and testing frequency: a. Cross Drain Backfill - minimum of 1 density test ' per pipe or box culvert location. 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 I density test, 1 Liquid ' Limit (11) 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. If. Asphalt Stabilized Base (Black Base), ASHM Binder, and ACHM Surface Courses for each material, a minimum of 1 density test and.1 depth measurement, per 500 linear feet of ' roadway, with a minimum of 3 density tests and 3 depth measurements per project. Also, there will be a minimum of 1 extration to determine the asphalt content and aggregate I. gradation for each material for the project. g. Structural Concrete for Drainage Structures. As noted in Section 1-210(12). A minimum.of one (1) set of ' three (3) concrete cylinders per 150 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. h. Structural Concrete for. Curb and Gutter - a minimum of one (1) set of three (3) concrete cylinders per 1,000 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 50.0 feet of completed pavement with a minimum of 1 per project. 1