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HomeMy WebLinkAbout45-91 RESOLUTIONRESOLUTION NO. 45-91 A RESOLUTION APPROVING A CONTRACT WITH GOODWIN AND GOODWIN OF FT. SMITH, ARKANSAS ,FOR THE WATER SYSTEM IMPROVEMENTS CONSTRUCTION. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract in the amount of $285,309.00 plus a 5% contingency cost of $141266.00 for a total of contract price of $299,575.00 to Goodwin and Goodwin of Ft. Smith, Arkansas for construction of water system improvements to Van Asche Street, Highway 112 -Drake Street, Futrell -Gregg Streets, Hillcrest - Evelyn Hills, Crossover Road -Happy Hollow, and the South Mountain Booster Station Improvements. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 5th day of March 1 1991. APPROVED: Bya VC/W/C-11-- Ma or .zATTEST: 24-a bri) ' 7-2.r" • t(1.24~42.0.2 erk fre.7S • • • • • State of Arkansas County of Washington )) CONTRACT THIS AGREEMENT, made and entered into this ..5day of LiikezAtel, 19 eft , by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and GoOdwin & Goodwin of the City of Fort Smith, Arkansas Part, hereinafter called the Contractor. WITNESSETH THAT: , Party of the Second WHEREAS, the Owner has called for bids for the construction of Water Distribution System Improvements, as set out in the Plans and Specifications and approved by the Board of Directors of the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the Contractor is the lowest and best bidder for the construction of said Water Distribution System Improvements; NOW THEREFORE, the Contractor agrees with the •Owner to commence and complete the construction of: Water Distribution System Improvements consisting of approximately 1,675 feet of 12 inch and 11,550 feet of 8 inch water pipe, together with valves, fire hydrants, ties to existing systems, modifications to South Mountain Pump Station, and other appurtenances, which consist of all items as set out in the Bid, these Specifications and Plans No. Fy-200, including all items of work for a complete installation, for the unit and lump sum prices proposed in the Bid, all of which become and are a part of this contract, the total sum being Two Hundred Eighty -Five Thousand Three Hundred Nine and no/100 dollars ($ 285,309.00 ), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. 6-1 The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and fully complete all work necessary to place the Water Distribution System Improvements in operation and have all work completed within ninety (90) calendar days from the effective date of the Notice to Proceed. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof 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. Except as otherwise provided by law, ten percent (10%) of each approved estimate shall be retained by the Owner until final completion and acceptance by the Owner and Engineer. The Engineer shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any. Time is hereby expressly declared to be of the essence of 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. The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages, the sum of five hundred dollars ($500.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled only to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's 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. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is necessary. 6-2 • • 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 the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, in which event the Owner shall not be liable to the Contractor for any work theretofore performed hereunder, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the contract at its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. Goodwin & Goodwin Firm Name By CIlb afa...C>curglucuenj OcA-vroA_ Bryan Goodwin, Owner Witnesses* *(If corporation, secretary should attest.) Attest: CITY OF FAYETTEVILLE, ARKANSAS Sherry L. homas, City Clerk Fred Vorsanger, Mayor 6-3 CHANGE ORDER • (Instructions on reverse side) PROJECT: Water Plstrlbutlon System Improvements DATE or ISSUANCE: OWNER: (Name, • Address) City of Fayetteville P. 0. Drawer F Fayetteville, AR 72702 CONTRACTOR: Goodwin & Goodwin • 8009 Texas Rd. Ft. Smith, AR 72903 CONTRACT FOR: Water Distribution System Improvements OWNER's Project No. No. 1 April 1, 1991 v-200 ENGINEER: McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 ENG1NEER's Project No. F v-200 You are directed to make the following changes M the Contract Documents. Description: Add 160 L.F. of steel casing for 3 highway crossings, provide for credit for furnishing stainless steel sleeve in lieu of ductile iron, provide for sleeve at 4 locations shown to col -in on plans and add fire hydrant near Evelyn Hills. Purpose of Change Order: Highway 812 was not ident if ied as highway on plans. ( 1 ine No. 1) Attachments: (List documents supporting change) Attachment No. 1 CHANGE 114 CONTRACT PRICE: Original Contract Price $ mc,inchnn Previous Change Orders No to No s None CHANGE 114 CONTRACT 1 INIE: Original Contract Time QO AnyS sys 0I dolt Net change from previous Change Orders 0 days Contract Nice prior 10 11111 Change Order Contract Time Prior to this Change Order $ 285.309.00 dayc dor ee deo Net increase (ctemensr) of this Change Order Net Increase (decrease) of this Change Order $ 12,670.00 0 dope Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 297.979.00 RECOMM t DED: APPROVED: erne(' CDC No. 1910-8-11 (1983 Edition) 90 days daylionhle APPROVED: rtermed hv lile Forineeri• Point Contract Document; Committee and canned by The AllOciaterf Dented Conlenctors of Americo. WATER DISTRIBUTION SYSTEM IMPROVEMENTS ATTACHMENT TO CHANGE ORDER NO. 1 Fy-200 April 30, 1991 Bid Item 4 16" steel casing at $85.00 L.F. (The Chip roads on (1 of A is identified as Arkansas Highway 812 and must be bored) 8" Gate Valve at $525.00 (Replaced by tapping sleeve and 6" Gate Valve at $400.00 (Replaced by tapping sleeve and valve) valve) 8 Reduction in cost to furnish and install 24 x 8" stainless steel tapping sleeve and valve in lieu of ductile iron long body as specified. Reduction in cost to furnish and install 12 x 8 " stainless steel tapping sleeve and valve in lieu of ductile iron long body as specified 9A Add bid item for 8" x 6" stainless steel tapping sleeve at $1,250 ea. 98 Add bid item for 6" x 6" ductile iron long body sleeve at $1,250 ea. 11 Fire hydrant assembly 1250.00 each (Added east of Evelyn Hills) 13 Crush stone base $300/LF (Saving where bores made) 14 Asphaltic concrete repair $37 S.Y. (Where bores made) 16 Ties to existing system $500 each (Payment not made under this item where tapping sleeve and valves used) Net increase this change order Increase Decrease Add 160 13,600 Delete 2 Delete 3 Add 2 Add 3 Delete 100 Delete 50 Delete 5 2,500 3,750 1,250 1,050 1,200 920 280 300 1,850 2,500 $19,850 7,180 $12,670 • .-. FAATETTENTILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Board of Directors THRU: Scott Linebaugh, City Manager FROM: City Engineer SUBJECT: Award of Construction Contract Water System Improvements DATE: February 1, 1991 Bids were opened on January 9th, 1991 for the construction of certain water system improvements in Fayetteville. There were ten (10) bidders on the project. Attached is a Bid Tabulation and also a letter from McGoodwin, Williams, and Yates recommending award of the Construction Contract to the low bidder, Goodwin and Goodwin of Fort Smith, Arkansas. The Water System Improvements Project includes: 1. Van Asche Street, (8") 2. Hwy 112 -Drake Street, (8") 3. Futrall-Gregg Street, (12") 4. Hillcrest -Evelyn Hills, (8") 5. Crossover Rd -Happy Hollow, (8) 6. South Mountain Booster Station Improvements All of these projects are recommended as immediate improvements in the Water System Study by McGoodwin, Williams, and Yates and are included in the 1990-1994 Capital Improvement Plan and in the 1991 Budget as a rollforward. The primary purposes of the projects are to increase fire flows in the immediate areas of the improvements and to generally improve the networking of lines within the water system. It is the recommendation of the Staff that the bid of Goodwin and Goodwin be accepted and that• the Board of Directors authorize the Mayor and City Clerk to execute a construction contract in the amount of $285,309.00. It is also the recommendation oft5the Staff that the Board approve a 5 percent change order contingency for a total approved amount of $299,574.45. 145-97 SPECIFICATIONS AND CONTRACT DOCUMENTS WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the CITY OF FAYETTEVILLE, ARKANSAS Plans No. Fy-200 October 1990 McGOODWIN, WILLIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE, ARKANSAS 0 1990 McGoodwin, 1MMams and Yates 1 1 1 1 1 1• 1 1 1 SPECIFICATIONS AND CONTRACT DOCUMENTS WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the CITY OF FAYETTEVILLE, ARKANSAS Plans No. Fy-200 October 1990 McGOODWINI WILLIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE, ARKANSAS © 1990 McGoodwin, Williams and Yates 1. 1 1. 1 1 1. 1 1 1 TABLE OF CONTENTS Section Advertisement for Bids Instructions to Bidders 2 Arkansas Wage Determination 4 Bid 5 Contract Agreement 6 Performance Bond and Payment Bond 7 Standard General Conditions of the Construction Contract Supplementary Conditions TECHNICAL SPECIFICATIONS Division 1 General Requirements Project Requirements 100 Testing 120 Schedules 140 Use of Explosives 150 Storage and Handling of Materials 160 Division 3 Roads, Drives, Parking Areas, Sidewalks, and Curb and Gutter Crushed Stone Base SB -2 300 Pipe Bedding Material 310 Division 4 Pipe and Pipe Laying Clearing Rights of Way, Cutting and Rebuilding/Repairing Fences 400 Surface Pemoval 401 11 Section 1 1 1 1 1 1 Water Line Pipe - General 406 Ductile Iron Pipe and Fittings for Water Lines 411 Polyvinyl Chloride (PVC) Pipe and Fittings for Water Lines 412 Polyethylene Encasement for Ductile Iron Pipe, Fittings and Appurtenances 413 Gate Valves and Butterfly Valves 450 Pipe Protection Cover and Compacted Backfill 461 Flushing, Hydrostatic Testing, Disinfection and Dynamic Testing of Water Lines 462 Fire Hydrants 472 2 Inch Blowoff 475 Pipeline Cleanup, Seeding and Sodding 487 Arkansas State Highway Crossings 490 City Street Crossings 491 Street Overlay, Driving Surface, Sidewalk and Curb and Gutter Repair 495 Division 5 Concrete and Reinforcing Steel Concrete 503 Division 11 Electrical Electrical - General 1100 Conduit 1105 Electrical Wire 1110 Control Relays 1114 Electrical Service 1120 Service Entrance Equipment 1.121 Variable Frequency Drive 1125 Starter and Controls 1126 Current Isolators 1144 Nameplates/Labeling 1150 Standby Power Generator 1151 Automatic Transfer Switch 1152 Division 12 Payment Methods of Measurement and Payment 1200 ji ( ADVERTISEMENT FOR BIDS NO. 90-74 City of Fayetteville, Arkansas Notice is hereby given that, in pursuance to an order of the Board of Directors of the City of Fayetteville, Arkansas, sealed bids will be received until 11:00 a.m. on January 9, 1991, for furnishing all tools, materials and labor and performing the necessary work for construction of Water Distribution System Improvements. At this time the bids received will be publicly opened and read aloud in Room 111 of the City Administration Building. The work generally consists of: . Water Distribution System Improvements consisting of approxi- mately 1,675 feet of 12 inch and 11,550 feet of 8 inch water pipe, together with valves, fire hydrants, ties to existing systems, modifications to the South Mountain Pump Station, and other appurtenances as are necessary for a complete project. Plans and specifications are on file in the office of McGoodwin, Williams and Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72703. Copies of these documents may be obtained from the office of said engineers upon the payment of $25.00 for plans and $25.00 for specifications, a total of $50.00, which is not refundable. The contractors shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Each bid must be accompanied by an acceptable statement of bidder's qualifications. The requirements of the bidder's statement of qualifications will be furnished to prospective bidders with plans and specifications. Each bid must be accompanied by an acceptable form of proposal guaranty in the amount equal to at least five percent of the whole bid, and such bid bond or cashier's check shall be subject to the conditions provided in the Instructions to Bidders. Bids must be made upon the official proposal sheets contained in the specifications, and such proposal sheets shall not be removed from the remainder of the• contract documents. All bids shall be sealed and the envelopes addressed to and delivered to the Purchasing Officer, City of Fayetteville, 113 West Mountain, Room 307, Fayetteville, Arkansas 72701. All bids shall be plainly marked on the outside of the envelope specifying that it is Bid No. 90-74 for construction of Water Distribution System Improvements, the time for opening of bids, and the name and current contractor's license number of the bidder. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. The Board of Directors reserves the right to reject any and all bids and to waive any informalities• in the proposal deemed to be in the best interests of 1-1 the Board. The Board further reserves the right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of bids. Dated this 12th day of December Northwest Arkansas Times: , 1990. /s/ Peggy Bates Peggy Bates, Purchasing Officer Publish December 19, 1990 and January 2, 1991. 1-2 1 1 1 1 1 1 1 1 1 11 INSTRUCTIONS TO BIDDERS /I 11 1 Instructions to Bidders 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must submit with his Bid the following statement of Bidder's qualifications: STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted with and attached to Bid.) All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information‘he desires. 1) Name of Bidder. cbcoj(.,)In 2) Permanent main office address. -rrbic 70A1 rot r Smirk/ Are 3) When organized. 680 4) If a corporation, where incorporated.w) 2-1 Instructions to Pidders 5) How many years have you been engaged in the contracting business under I/ your present firm or trade name? to L115 6) Contracts on hand. (Schedule these, showing amount of each contract and j the appropriate anticipated dates of completion.) 64- 'scot,' Waal # aozio 94=b 049) qc,tot Pei A ( fl 5 -4 nao4y1 7) General character of work performed by your company. 11 items 3td,nc1 (KAt(itale R.96416.,wa r; UhciT1 cmin, 8) Have you ever failed to complete any work awarded to you3t10 9) Have you ever defaulted on a contract? If so, where and why?Ao 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and yearaocompleted. I/ Voln (244:Ak cek sn&) orCAi l&ttt /em/ 3uiLiNA0A-N 9-,Got•ctolloo - 11) List your major equipment available for this contract. Tencr- Fke/pomp ocrs 31/4..thbOs/ottid-r9 70.1co 12) Experience in construction Of water system improvements similar in size to this project, along with project owners and engineers. 13) Background and experience of the principal members of your organization, including the officers. 40(11.5 14) Credit available: $ 1-50700- 11 15) Give bank reference:CaLitikTiLW042444-„, firs-Tgilibreafitt mp/c4.4.477-1/?).04* 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? kasva___ 11 Dated at - 17( this iltd1/7 day of JAIL , 19 F/ I/ Name of Organization: atieh)e:, -gtodemee,, BY 08,44-st-rfaea.. 111 Title State of ) II County of_e444.,;6_: ) _ aVind 6041,-(4ctiL being duly sworn deposes and 11 says that he (she) is the 00•04•6--‘._ Of Gtal a lo r n a_., 6g70.4.Lok." , Contractor(s), and that answers to the foregoing 11 2-2 Instructions to Bidders questions and all statements therein contained,are true and correct. Subscribed and sworn before me this C? My commission expires (Seal) day of • Notary Public-a- reict_ :1Av Each Bid must contain evidence of Bidder's qualifications to do business 'in." the state where the project is located or covenant to obtain such qualification prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to a) examine the Contract Documents thoroughly, b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, d) study and carefully correlate Bidder's observations with the Contract Documents, and e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer, in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information 2-3 Instructions to Bidders and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate any convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by 2-4 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 i Instructions to Bidders formal written Addenda wilj.be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent'of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meetinj the requirements of paragraph 5.1 of the General Conditions. The bid security shall be placed in a marked, sealed envelope and securely fastened to the outside of the sealed Bid. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 7. CONTRACT TIME. The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE OR "OR -EQUAL" ITEMS. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Substitute or "or equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer. Application for acceptance of substitute or "or equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6 7.3 of the General Conditions and may be supplemented in the Project Requirements. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner nor shall the 2-5 Instructions to Bidders Contractor allow such Subcontractor to commence Work until he has provided and obtained approval of such compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 10.2 The Contractor will be required to furnish the names of Subcontractors and the amounts of their subcontracts as required by Act 183, Arkansas Acts of 1957. The subcontracts may be for mechanical, electrical, roofing and sheet metal work. Subcontract amounts must be submitted on a separate list in a sealed envelope and must accompany the Bid Form. The Subcontractor's name and license number shall appear on the outside of the sealed envelope. Subcontractors must be licensed according to the laws of the State of Arkansas. 11. BID FORM 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the 2-6 1 1 1 1 1 1 1 1 Instructions to Bidders place where Bids are to be submitted at any time prior to the opening of Bids. 13.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS. Bids will be opened and (unless obviously non-responsive) read aloud publicly. A tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after preparation by the Engineer 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive -or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, 2-7 Instructions to Bidders qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder , a Notice of Award within 60 days after the day of the Bid opening. 17. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 18. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidders who submit Bids in excess of ?20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. 20. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. 21. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor, if available, shall be used. The Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provision of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. I 2-8 Instructions to Bidders The Contractor and Subcontractor shall: .f ..y4 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. 2) post the scale of wages in a prominent and easily accessible place at the site of the Work. 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. �, The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been or is being paid a rate of wages less than the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate his right to proceed with the Work or such party of the Work as to which there has been a failure to pay the required wages and to prosecute the • Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. 22. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on materials and equipment brought into the state. It further provides for methods of collecting said taxes. All provisions of this Act will be complied with under this Contract. 23. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or nonresidents of Arkansas. I. 24. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162, ARKANSAS ACTS OF 1987. The attention of all NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Department of Finance and. Administration, Post Office Box 1272, Little Rock, Arkansas 72203 I prior to commencing work or undertaking to perform any duties under any • contract within the State of Arkansas. I 2-9 i El Bill Clinton ' - Governor STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM LRTLE ROCK 72205 (501) 682-4500 October 5, 1990 McGoodwin, Williams & Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 RE: Water Distribution System Improvements Fayetteville, Arkansas Washington County Dear Sirs: In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 90-51 establishing the minimum wages rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-313(1987) and the administrative regulations promulgated thereunder. If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann.§§22-9-308(b)(2), Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. §22-9-308(c). Additionally, the scale of wages shall be posted by the contractor in a pomirlent and easily accessible at the work site. Ark. Code Ann. §22-9-309(a). Once the contract is awarded, please notify this office of the following: the name, mailing address and telephone number of the general contractor; the date construction is to begin; the anticipated completion date; and the amount of the project bid. If you have any questions or we can be of assistance, please contact Ann Sanders at the above address and telephone number. Sincerely, Sandra Hicks, Administrator Labor Standards Division 4-1 Page__2°f2 2 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION -HEAVY RATE DATE: October 5, 1990 DETERMINATION # 90-51 PROJECT: Water Distribution System COUNTY Statewide Improvements EXPIRATION DATE: 4-5-91 Fayetteville, Arkansas Washington County BASIC HOURLY FRINGE RATE BENEFITS Drill operator (wagon or truck) 5.65 1 Elevating grader operator. 6.70 Euclid or like equipment operator (bottom or end dump) 5.25 Finishing machine operator 6.10 Forklift operator 5.05 Form grader operator 5.05 Front end loader operator:. Finish 6.70 Rough 5.65 Hydro seeder operator 5.15 Mechanic 6.90 Mechanic helper 5.25 Motor patrol operator: Finish 6.90 Rough 5.65 Mulching machine operator 5.15 Oiler and greaser 5.45 Pile driver operator 6.20 Power broom operator 5.15 Pug mill operator 5.15 Roller operator (self-propelled) 5.25 Scraper operator: Finish 6.90 Rough 5.65 Sod slicing =achine operator 4.95 • Stabilizer mixing machine operator 5.65' Tractor operator: Crawler type 5.15 I Farm and wheel 5.15 Wheel type (with attachment 1 yard or under) 5.55 Trenching machine operator 5.55 STONEMASONS 7,20 TRUCK DRIVERS: Distributor truck driver 5.455 Semi -trailer 5. Lowboy drive= 5.65 44 1• Transit mix truck driver 5.45 Truck driver (heavy -maximum pay load in excess of 3000 lbs.) 5.15 Truck driver (light -maximum pay load 3000 lbs.) 4.85 WELL DRILLERS 6.90 WELDERS --receive rate prescribed for craft performing operation to which welding is incidental. CERTIFIED ' 4-2 ^s Aepar rent of Vb4t April 6, 1989 Page 1 of 2 ARKANSAS DEPARTMENT OF LABOR • PREVAILING WAGE. DETERMINATION -HEAVY RATE I DATE: October 5, 1990 DETERMINATION 4 90-51 ' PROJECT: Water Distribution System COUNTY Statewide • Improvements EXPIRATION DATE: 4-1)-91 Fayetteville, Arkansas Washington County BASIC HOURLY FRINGE RATE BENEFITS BRICKLAYERS 7.20 CARPENTERS 7.20 CONCRETE FINISHERS 7.20 ELECTRICIANS 8.75 IRONWORKERS: Structural 6.30 Reinforcing 5.45 LABORERS: Air tool operator 5.15 Asphalt heater operator 5.15 Asphalt raker 5.85 I. Carpenter helper 5.15 Chain saw operator 5.15 Checker grade 5.45 Concrete finisher helper 5.15 Concrete joint sealer 5.15 • Concrete saw operator 5.15 Flagger I ^ 3.90 • Formsetter 5.45 Laborer 3.90 Pipelayer 5.45 I. Powderman 6.40 • Vibratorman 5.15 PAINTER 6.20 PILE DRIVER LEADMAN 6.20 I. POWER EQUIPMENT OPERATORS: Aggregate spreader operator 5.80 Asphalt plant fireman 4.85 Asphalt plantdrier operator 4.85 Batch plant operator 5.80 Bulldozer Operators: - Finish 6.90 Rough 5.65 Bull float operator 5.65 1..Concrete curing machine operator 5.65 Concrete Mixer Operator: Less than 5 sacks 5.15 5 sacks or over 6.20 Backhoe operator—rubbertired (1 yard or less) 6.10 Cherry picker operator 6.10 Concrete paver operator 6.70 Concrete spreader. operator 6.70 Crane, Derrick, Dragline, Shovel, Backhoe Operators: 1-1/2 yards or less 6.70 Over 1 1/2 yards 7.20 Crusher operator 5.65 Distributor operator 4_3 5.65 I 1 U I I ..1 U I I I I ,I I I BID WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the CITY OF FAYETTEVILLE, ARKANSAS Plans No. Fy-200 Dated October 1990 Board of Directors City of Fayetteville 113 West Mountain, Room 307 Fayetteville, Arkansas 72701 To the Board of Directors: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents Ito perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms Invitation to Bid and Instructions those dealing with the disposition subject to acceptance for sixty days sign and submit the Contract AgreE required by the bidding requirements Notice of Award. and conditions of the Advertisement for to Bidders, including without limitation of Bid security. This Bid will remain after the day of Bid opening. Bidder wi11 ment with the Bonds and other documents within ten days after the date of Owner's 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of following addenda (receipt of which is hereby acknowledged) Date 31-°o and such addenda are attached to the Bid. Number 5-1 I I I I I I i 1 I El F I b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determihation set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in c above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e) Bidder has reviewed and checked all information and data shown or indica on the Contract Documents with respect to existing Underground Facilit at or contiguous to the site and assumes responsibility for the accur location of said Underground Facilities. No additional examinatio investigations, explorations, tests, reports or similar information or d in respect to said Underground Facilities are or will be required by Bid in order to perform and furnish the Work at the Contract Price, within Contract Time and in accordance with the other terms and conditions of Contract Documents, including specifically the provisions of paragraph of the General Conditions. f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms a'nd conditions of the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors discrepancies that it has discovered in the Contract Documents and written resolution thereof by Engineer is acceptable to Bidder. h) This Bid is genuine undisclosed person, with any agreement corporation; Bidder any other Bidder to or induced any pers Bidder has not sougf any other Bidder or and not made in the interest of or on behalf of a firm or corporation and is not submitted in conformi or rules of any group, association, organization has not directly or indirectly induced or solicit submit a false or sham Bid; Bidder has not solicit on, firm or corporation to refrain from bidding; a t by collusion to. obtain for itself any advantage ov over Owner. 5-2 4. The following documents are attached to and made a condition of this Bid. 4 ' Required Bid Security in the form of bid bond or certified or cashier's check for OJr fPP11 T(-o�sku�i� o}�ondse�Qa s�xr� s r� Pa Jl,fs S. ( 9 a(OC' ). � 5. The Bidder will complete the Work for the following unit and lump sum prices: I. Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 1. 1,675 Linear Feet, 12" Water Line Pipe,I. DIP or PVC at the Contractor's ✓ option*, complete in place (l Att P/1 3"/joy-- dollars()V& )/L.F. $ (Dollar Amount Written in Words) (Figures) (Total in Figures) 2. 11,550 Linear Feet, 8" Water Line Pipe, I DIP or PVC at the Contractor's option*, complete in place £(eun- t5/10n dollars( ' )/L. F.1. 3. 100 Linear Feet, 6" Class 51 Ductile ✓ Iron Pipe, complete -in place bur fie r) dollars( \1,1' )/L.F. 4. 167 Linear Feet, 16" Steel Casing I. (3/8" wall), including road bore, complete in place �i5I, r�. j, dollars( 1B5 &i/L.F. j9� l5. 1 Each, 12" Butterfly Valve, complete in (place ✓ One t oU54N& 00% konditcQP 1 c1y Ykn, dollars(jPyi%. )/Each "Til Oo a I 6. 12 Each, 8" Gate Valve, complete in place ✓ op I toe konc)rec d-fWPn?cf f u e dollars(St )/Each 7. 4 Each, 6" Gate Valve, ✓ ff-- complete in place �i��Y1 0r ec9 dollars(4®� )/Each 1, *Bidder shall circle the type of pipe being bid. I. 5-3 i7 Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 8. 1 Each, 24" x 8" Tapping Sleeve and Valve, complete in place ✓ OY\e Thou54n4 «tit ►,und(e4' dollars(/ D )/Each $ 9. 1 Each, 12" x 8" Tapping Sleeve D and Valve, complete in place ✓ Y)r he `y 4,- Sc dollars(l6po )/Each 10. 2,000 Pounds, Light -Weight (Compact) Ductile Iron Fittings, with reaction backing, complete in place Ca (Jne d - dollars( 1}v(90 )/Lb. 11. 5 Each, Fire Hydrant Assembly, / complete in place ✓ Qne '(iou5AJ ?� I,onJi�d1 d ���ty dollars( 1 ® )/Each I 12. 4 Each, 2" Blowoff, complete in place 1 ��11 Cur ko t J d SPU(%1) L1 Ce✓A dollars( 7 )/Each 13. 500 Linear Feet, Crushed Stone Base (12" depth) for paved road, street, driveway and parking lot crossings, complete in place // tiret dollars( 3i°' )/L.F. jSoa 14. 300 Square Yards, Asphaltic Concrete for repair of asphalt surfaces, / complete in place Q O I hirry couar' dollars( )/S.Y. 15. 75 Linear Feet, Class B Concrete Encasement, complete in place ,/f7 �p n dollars( fr )/L.F. 16. 12 Each, Tie to Existing System, / complete in place `� ie �vr��� dollars( Go )/Each �ip,cx�o� 5-4 THE AMERICAN INSTITUTE OF ARCHITECTS KNOW ALL MEN BY THESE PRESENTS, that we Goodwin & Goodwin, 8009 Texas Road, Ft. Smith, AR 72903 as Principal, hereinafter called the Principal, and STATE FARM FIRE AND CASUALTY COMPANY 112 E. Washington St. Bloomington, IL 61701 a corporation duly organized under the laws of the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville, 113 W. Mountain, Fayetteville, AR 72701 as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of Bid Amount Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for construction of water distribution system improvements; Plans No. FY -200. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good. faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 8th day of January, 19 91. //{� Goodwin & Goodwin �(/ q �� Jr� y�, f� (Prin 'paU (seal) (�V lcV"^' (Witness) By: 9 / (Title) A `l STATE FARM FIRE AND CASUALTY COMPANY: J(�/t. � � � �i "'�l`� I (W toes ) By:( ,. (Title) r sed Reside t Agent � Licensed Resident Age y„ AIA DOCUMENT A310 • BID BOND. AIA® • FEBRUARY 1970 ED • THE AMERICAN ti ` INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 s 1 FS -9001 Power of Attorney STATE FARM FIRE AND CASUALTY COMPANY KNOW ALL MEN BY THESE PRESENTS: That STATE FARM FIRE AND CASUALTY COMPANY, an Illorporation, with its principal office in Bloomington, Illinois, does hereby constitute and appoint: Greg Ma] em 1 Ch IL , i Bloomn ton ° of 9 its true and lawful Atto -in-Fact, to make, execute, seal and deliv- er for, and on its Vbehalf hItas sure��t{{y, any and all �7bonds, undertakings or other writings obligatory in ture of a bond as follows: This apnpointmen't isbmada in and by me amount of a resolution which was passeanflne Executive Committee of the Board of Direc- tors of State Farm Fire and Casualty Company on the 24th day of July, 1974, as is duly aut by the Board of Directors in Article II, Section 6 of the By -Laws of the Company, which resolution is: Resolved, that the Executive Vice -President or a Vice -President of the Company)s%br authorized to appoint and empower any represen- tative of the Company or other person or persons as Attorney -in -Fact to execute ehal he Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in the nature of a bond, whit o might execute through its duly elected officers, and affix the seal of the Companythereto. Any said execution of such document y -in -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected off ir,(sg� th mpany. Any Attorney -in -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as spec{fip�'tjfwer of Attorney. Resolved, that the signature of the Executive Vice -President or on any power of attorney granted, and the signature of the Secretary, affixed by facsimile to any certificate of any such power and any such and binding on the Company. Any such power so executed and seaIgg undertaking to which it is attached, continue to be valid and binding9 , IN WITNESS THEREOF, STATE FARM FIRE AND C its Corporate Seal.to be affixed this 1st day of July 1987. This APPOINTMENT SHALL CEASE AND TERMII• PROVIDED. • v LL' hand the seal of the Company may be affixed by facsimile Assistant Secretary, and the seal of the Company may be ate bearing such facsimile signature and seal shall be valid so executed and sealed shall, with respect to any bond or caused this instrument to be signed by its Vice -President, and AS OF DECEMBER 31, 1991,'UNLESS SOONER REVOKED AS STATE FARM FIRE AND CASUALTY COMPANY By: Vice -President THIS POWER INVALID IF RED IMPRINT "STATE FARM FIRE AND CASUALTY COMPANY, BLOOM- INGTON, ILLINOIS" IS NOT ITS ENTIRETY STATE OF ILLINOIS COUNTY OF McLEAN On this 1st day of July 1 kefore me personally came Harold D. Covey to me known, who being duly sworn, did depose and say that he is Vice -President of STATE F E AND CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said c tion; that the seal affixed to said instrument is such Corporate Seal; and that he executed said instrument on behalf of the corporation by ority of his office under the By -Laws of said corporation. 'OFFICIAL SEAL" Public, Sy Kaye Manhs Notary PPublic, State of Illinois My Commission Expires 2/11/91 Notary Public My commission expires February 11, 1991 CERTIFICATE I, the undersigned Vice -President of STATE FARM FIRE AND CASUALTY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and sealed at Bloomington, Illinois. Dated this 8th day of January 19 91 "No Cgs LLoopo RA =.0 7i e__ L a ,�y111,F�YT1{)T ;a i ' tI�°"r`Rcrox\c Vice -President If you have a question concerning the validity of this Power of Attorney, call (309) 766-6298. FB6-9043.5 w liMO IN J S & (7/87) 4.. - ACKNOWLEDGEMENT OF SURETY STATE OF ILLINOIS COUNTY OF McLEAN I, Susan K. Johnson, a Notary Public in and for said county in the state aforesaid, do hereby certify thatAttorney- in-Fact of STATE FARM FIRE AND CASUALTY COMP NY of Bloomington, Illinois, a corporation duly organized and existing under the laws of the State of Illinois, personally known to me to be the same person whose name is subscribed to the foreaoing instrument as Attorney -in -Fact of STATE FARM FIRE AND CASUALTY COMPANY, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his and STATE FARM FIRE AND CASUALTY COMPANY'S free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal this ll day of GM . 6v3jgv .) it . Notary Publ c "OFFICIAL EAL" Susan K. Johnson Notary Public. Stale of Illinois My Commission Expires 5/6/93 4 RII-C1^-'31 1�.:.. 15:f" 11y�.. � .+- EL NU:s31--443-4340 #295 P9I1, , - P1cGoodwin. Wiiiinnie tend Yates, Inc. •' < -. Cnnandidng Enlllrteef4 909 liniling Nllls 0che+ •` f nysteftlPi. Ad f.04W9 72703 • TfIttihone SCj/443.1404 - FAX 502 1417.4340 fi. FAX NO..501/4434340 R FAX COVER MEMO _ ALL _ __-__ t k FROM: • DATE: / (, •R. } \ NUMBER OF PAGES, INCLUDING COVER MEMO: _ `-, BENDER INITIALS: ._ . VLEASS NOTIFY SENDER IMMEDIATELY IF NOT RECEIVED PROPERLY.. f c JflN 7 ' 91 16:09 ID:M W t iH _ L' h10: 501-443-4340 9990 P03 - ' 1{ ADDENDUM NO,.� WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the city of FAYETTEVILLE, ARKANSAS Plans No. Fy-200 Dated October 1990 The Specifications and Contract Documents for the above project are hereby changed, amended or clarified in the following particulars: SZCU-QN.5. - BID Pages 5-5 and 5-6 enclosed shall be permanently affixed (by taping or stapling) over the pages 5-5 and 5-6 bound in the Specifications and Contract Documents, The pages 5-5 and 5-6 enclosed shall be used when submitting Bid. (Bid Item No. 18 is added.) QECTZOU.1200 - METHODS OF MFASU$EMEN.T„pND PAYMENT On page 1200-3, Bid Item No. 18 is added and, shall read as €ollows: Payment for concrete required for the repair of driving surfaces shall be made in accordance with the unit price bid per square yard, complete in place. The price bid shall include every item of work required for preparation of the area to be paved, including the compaction of crushed limestone base. The crushed limestone base shall be compensated for under the SB-2 crushed limestone.item of the Bid. Limits of areas to be compensated for shall be determined by the Engineer. Payment will be made in accordance with prescribed removal as shown on the Plans and as specified. .rweiurv.w.M'^M ?—f w.-. INC JAN -011 91 Jb:�� IU:N hi 'r h W �' TEL JD:-5ii]-443-4340: xt239 January 7, 1991 Re: Construction of Water Distribution System Improvements Fayetteville, Arkansas Project No. Fy-200 This is to acknowledge receipt of Addendum No. 2 on the above referenced project. This addendum will be attached to our bid documents in accordance with instructions. e6�sF2� B g ure --__ CompanyName l- sign and return this acknowledgement by FAX MW? PAX No. 501/443-4340 ;. z6:10io rn:ri r:� v INC:• 7TES H0:sai-4a3, 43a3 _J uzya { • - ? z• X Ttem Estimated Description of item and Unit or Lump Sum Price Bid y _l_�ot&fl No, Quantity pAmount 17'. "Cutup um rump ation Modifica otT ns, icTuing " pu�irp motor and standby generator, together with all electrical and sitework, complete in. place _cQ� dollars R (g�p__ I.B. 100 Square Yards, Concrete Repair for Concrete Surfaces, complete in place dollars hvrcirJ �iyht? licit 7'�% 4W "�� TOTAL BASE BID a . livN�rCrPt7/ llolZ 4�f $_add __,•_ DEDUCTIVE ALTERNATE NO, I The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. 7�y TtiDoP 1.'7. Lump Sum Deduct to ornviria rn a-_. -- _••_ �h h dre motor starter and pressure switch In lieu of 30 �� variable frequency drive system. ............... $_ ___.__•I ¶00 _i TOTAL .BID, ACCEPTING DEDUCTIVE ALTERNATE N0. ocv.' h,. r! c MM - The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or al bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actua quantities. Amounts are to be shown In both words and figures. in case of discrepancy, amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shori removal, overhead, profit, insurance, etc., to cover the finished work of several kinds called for. - JRN-Bl 16'IG3'` ID:M U Y INC —443--t4Lc1 The Bidder agrees that the "ater Distribution System Improvements be placed in operation and all work completed within 90 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time, Communications concerning this. Bid shalt be addressed to the address of Bidder indicated below. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this ___ _ _ day of A) , 19J. Respectfully submitted, Title i� — Arkansas License No.-I0i9 O (Seal, if hid is by corporation.) ,1. I. Item ' No. 17. I I 1 Estimated Description of Item and Unit or Lump Sum Price Bid Quantity Lump Sum Electrical, complete in place • dollars S l � TOTAL BASE BID ................................................. $ - DEDUCTIVE ALTERNATE NO. 1 Total Amount The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. `' 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system ............... $ TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ................ $ The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, 1 removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 75 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 5=5 ti 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this day of , 19 Respectfully submitted, (Firm Name) By Title Arkansas License No. (Seal, if bid is by corporation.) (Business Address & Zip Code) 5-6 I ' CONTRACT ' State of Arkansas )County of Washington THIS AGREEMENT, made and entered into this day of 19 , by and between the City of Fayetteville, County of Washington, ' State of Arkansas, Party of the First Part, hereinafter called the Owner, and ' of the City of , Party of the Second Part, hereinafter called the Contractor. ' WITNESSETH THAT: WHEREAS, the Owner has called for bids for the construction of Water 'Distribution System Improvements, as set out in the Plans and Specifications and approved by the Board of Directors of the City of Fayetteville, Arkansas; and ' WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the Contractor is the lowest and best bidder for the construction of said Water Distribution System Improvements; NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Water Distribution System Improvements consisting of approximately 1,675 feet of 12 inch and 11,550 feet of 8 inch water pipe, together with valves, fire hydrants, ties to existing systems, modifications to South Mountain Pump I. Station, and other appurtenances, which consist of all items asset out in the Bid, these Specifications and Plans • No. Fy-200, including all items of work for a complete installation, for the unit and lump sum prices proposed in the Bid, all of which become and are a part of this contract, the total sum being ' dollars ($ ), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. 1 6-1 I The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and fully complete all work necessary to place the Water Distribution System Improvements in operation and have all work completed within seventy-five (75) calendar days from the effective date of the Notice to Proceed. ' The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, and to make 'payment on account thereof 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. Except as otherwise provided by law, ten percent (10%) of each approved estimate shall be retained by the Owner until final completion and acceptance by the Owner and Engineer. The Engineer shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any. Time is hereby expressly declared to be of the essence of 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. The Contractor agrees to commence work within ten (10) calendar days from the ' date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time stipulated herein, the ' Contractor agrees to pay the Owner, as liquidated damages, the sum of five hundred dollars ($500.00) per day for each calendar day of delay in ' completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the parties to this contract to be the ' amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after•the completion thereof, and Contractor shall be entitled only to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's 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 I. 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. ' No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is necessary. 1 6-2 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 the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, in which event the Owner shall not be liable to the Contractor for any work theretofore performed hereunder, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the contract at its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. Firm Name Witnesses* *(If corporation, secretary should attest.) I Attest: I ISherry L. Thomas, City Clerk LT I. CITY OF FAYETTEVILLE, ARKANSAS William V. Martin, Mayor ' 6-3 I I PERFORMANCE BOND ' KNOW ALL MEN BY THESE PRESENTS: That we (1) I. a (2) hereinafter called "Principal" and (3) of , State of , hereinafter called the "Surety," are held and firmly bound unto (4) hereinafter called the "Owner," in the penal sum of I El I I El I rl dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of , 19 , a copy of which is hereto attached and a part hereof for the construction of: Water Distribution System Improvements for the City of Fayetteville, Arkansas; Plans No. Fy-200. NOW THEREFORE; if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying .the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. I 7-1 IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of 19 Attest: Principal (Principal) Secretary By (Seal) Witness as to Principal Address Address Attest: Surety (Surety) Secretary By (Seal) Attorney -in -Fact Witness as to Surety Address Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 7-2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) ' a (2) hereinafter called "Principal" and (3) of , State of , hereinafter called the "Surety," are held and firmly bound unto (4) ' , hereinafter called the "Owner," in the penal sum of dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, ' administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is, such that whereas, the Principal entered ' into a certain contract with Owner, dated the day of 19 , a copy of which is hereto attachedand__a part hereof for the construction of: ' Water Distribution System Improvements for the. City of Fayetteville, Arkansas; Plans No. Fy-200. 1 NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized ' extension or modification thereof, all amounts due for but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in connection with the construction of said work,, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and ' liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivisions thereof which shall have arisen on account of or in t connection with the wages earned by workmen covered by the bond; and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. The Surety agrees the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly rate of wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen ' performing work under the contract. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or ' addition to the terms of the contract or to the work or to the specifications. 7-3 I I I I I I. I PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 351, Arkansas Acts of .1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of 19 . Attest: Principal (Principal) Secretary By (Seal) ' Witness as to Principal Address I. 1. I I Address Attest: Surety (Surety) Secretary By (Seal) Attorney -in -Fact ' Witness as to Surety Address I Address NOTE: Date of bond must not be prior to date of contract. F, ' (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. ' (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is 1 to be performed prior to the start of construction. 7-4 I I 1 Li II I I 1J This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Committee and Issued and Published Jointly By spa Ep VENGINEERS sv�ecllFICATI My. g lul lu� v 7777 3t c0UNC\N, PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General I" e `"Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1 1910 -8 -A -I or 1910-8-A-2. 1983 editions). Their provisions arc interrelated ;Ind a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents, No. 1910-9, 1981 edition. For ' guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supple- mentary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12. 1983 edition) may be used. No. 1910-8 (1943 Edition) I I L LI ` H TABLE OF CONTENTS OF GENERAL CONDITIONS ' Article Number Title Page • I DEFINITIONS......................................................7 2 PRELIMINARY MATTERS........................................S 3 CONTRACT DOCUMENTS: INTENT, AMENDING AND REUSE ............................... 9 1 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS .............................................. 10 5 BONDS AND INSURANCE ........................................ I I 1 6 CONTRACTOR'S RESPONSIBILITIES ............................ 14 7 OTHER WORK ..................................................... 18 • 8 OWNER'S RESPONSIBILITIES .................................... 19 9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19 10 CHANGES IN THE WORK ......................................... 2I I II CHANGE OF CONTRACT PRICE .................................. 21 12 CHANGE OF CONTRACT TIME ................................... 24 1 13 WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR • ACCEPTANCE OF DEFECTIVE WORK ............................ 24 ' • 14 • PAYMENTS TO CONTRACTOR AND COMPLETION ............ 26 15 SUSPENSION OF WORK AND TERMINATION .................. 29 i16 ARBITRATION..................................................... 31 17 MISCELLANEOUS.................................................31 I I I 3 I' I I INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of Insurance ..:.......................... 5.13 Access to the Work .. .. 13.2 Addenda —definition of (see definition of Specifications) ........ ...... .... .... .......... ....... I I. Agreement-1efinition of ................................ All Risk Insurance ..................................... 5.6 Amendment, Written ............................. 1, 3.1.1 Application for Payment —definition of ..................I Application for Payment, Final ........ 14.12 Application for Progress Payment .. ................ 14.2 Application for Progress Payment —review of .... 14.4-14.7 Arbitration ............................................. 16 ' Authorized Variation in Work ......................... 9.5 Availability of Lands .................................. 4.1 Award, Notice of —defined .............................. I I I I I Li I I I Before Starting Construction ...................... 2.5-2.7 Bid -definition of ....................................... I Bonds and Insurance —in general ........................ 5 Bonds —definition of ..................................... 1 Bonds, Delivery of ............................... 2.1, 5.1 Bonds, Performance and Other .................... 5.1-5.1 Cash Allowances.....................................11.8 Change Order —definition of ............................. 1 Change Orders —to be executed ...................... 10.4 Changes in the Work ...................................10 Claims, Waiver of —en Final Payment ............... 14.16 Clarifications and Interpretations ...................... 9.4 Cleaning............................................. 6.17 Completion............................................. 14 Completion, Substantial ......................... 14.8-14.9 Conference, Preconstruction .......................... 2.8 Conflict, Error. Discrepancy —Contractor. toReport ...................................... 2.5. 3.3 Construction Machinery, Equipment. etc . ............. 6.4 ContinuingWork ..................................... 6.'_9 Contract Documents —amending and supplementing .................................. 3.4 Contract Documents —definition of ..................... Contract Documents —Intent ...................... 3.1- Contract Documents —Reuse of ....................... .Contract Price, Change of .............................. Contract Price —definition .............................. Contract Time, Change of ............................... Contract Time, Commencement of .................... Contract Time —definition of ........................... Contractor —definition of ............................... Contractor May Stop Work or Terminate ............. 1 Contractor's Continuing Obligation ..... _........... I Contractor's Duty to Report Discrepancy in Documents..................................2.5. 3. 3.3 3.6 11 12 2.3 4 5.5 .15 3.2 Contractors Fee —Cost Plus ... 11.4._6..1.1.5.1,.-11.6-11.7 Contractors Liability Insurance .. . . 5.3 Contractor's Responsibilities —in general ................6 Contractor's Warranty of Title ........................ 14.3 Contractors —other ...................................... 7 Contractual Liability Insurance ........................ 5.4 Coordinating Contractor —definition of ................ 7.4 Coordination .......................................... 7.4 Copies of Documents .................................. 2.2 Correction or Removal of Defective Work ........... 13.11 Correction Period, One Year ........................ 13.12 Correction, Removal or Acceptance of Defective Work—in general ........................... 13.11-13.14 Cost —net decrease ................................. II.6.2 Cost of Work....................................11.4-11.5 Costs, Supplemental.................................11.4.5 Day —definition of ....................................... 1 Defective —definition of ................................. I Defective Work, Acceptance of ...................... 13.13 Defective Work. Correction or Removal of .......... 13.11 Defective Work—in general ............... 13, 14.7, 14.11 Defective Work, Rejecting ............................. 9.6 Definitions .............................................. I Delivery of Bonds ..................................... 2.1 Determination for Unit Prices ........................ 9.10 Disputes, Decisions by Engineer .................9.11-9.12 Documents, Copies of ............................ Documents, Record..................................6.19 Documents, Reuse....................................3.6 Drawings —definition of.................................1 Easements............................................4.1 Effective date of Agreement —definition of ............... 1 Emergencies .......................................... 6.22 Engineer -definition of..................................1 Engineer's Decisions ............................9.10-9.12 Engineer's —Notice Work is Acceptable ............. 14.13 Engineer's Recommendation of Payment ......14.4. 14.13 Engineer's Responsibilities, Limitations on .................................. 6.6, 9.11, 9.13-9.16 Engineer's Status During Construction —in general ...... 9 Equipment. Labor. Materials and .................. 6.3-6.6 Equivalent Materials and Equipment .................. 6.7 Explorations of physical conditions ................... 4.2 Fee, Contractor's —Costs Plus ........................ 11.6 Field Order —definition of ............................... I Field Order —issued by Engineer ................ 3.5.1. 9.5 Final Application for Payment ....................... 14. 2 Final Inspection ..................................... 14.11 Final Payment and Acceptance ...................... 14.13 Final Payment. Recommendation of ........... 14.13-14.14 General Provisions ..............................17.3-17.4 General Requirements —definition of ..................... I General Requirements —principal references to ................. '_.6. 4.4, 6.4. 6.6.6.7.6 23 I I 1 I. I. 1 1 1 1 1 I. I 1 I 1 .1 Giving Notice...'...........................I..... 17.1 Guarantee of Work —by Contractor ................... 13.1 Indemnification ..............................6.30-6.32, 7.5 Inspection, Final .................................... 14.11 Inspection, Tests and ................................. 13.3 Insurance, Bonds and —in general ....................... 5 Insurance, Certificates of ........................... 2.7,5 Insurance —completed operations ...................... 5.3 Insurance, Contractor's Liability ...................... 5.3 Insurance, Contractual Liability ....................... 5.4 Insurance, Owner's Liability .......................... 5.5 Insurance, Property .............................. 5.6-5.13 Insurance —Waiver of Rights ......................... 5.11 Intent of Contract Documents ................... 3.3, 9.14 Interpretations and Clarifications ...................... 9.4 Investigations of physical conditions ................... 4.2 Labor, Materials and Equipment ........ Laws and Regulations —definition of ..... Laws and Regulations —general .......... Liability Insurance —Contractor's ....... Liability Insurance —Owner's ........... Liens —definitions of .................... Limitations on Engineer's Responsibilities ..................... 6 Materials and equipment —furnished by Contractor .... 6.3 Materials and equipment —not incorporated in Work .............................. 14.2 Materials or equipment —equivalent ................... 6.7 Miscellaneous Provisions ............................... 17 Multi -prime contracts...................................7 Notice. Giving of ..................................... 17.1 Notice of Acceptability of Project ................... 14.13 Notice of Award —definition of .......................... I Notice to Proceed —definition of ......................... I Notice to Proceed —giving of .......................... _.3 .,Or -Equal" Items.....................................6.7 Other contractors.......................................7 Otherwork .............................................. 7 Overtime Work —prohibition of ........................ 6.3 Owner —definition of .................................... I Owner May Correct Defective Work ................. 13.14 Owner May Stop Work ..............................13.10 Owner May Suspend Work, Terminate ..........15.1-15.4 Owner's Duty to Execute Change Orders ............. 11.8 Owner's Liability Insurance ........................... 5.5 Owner's Representative —Engineer to serve as ........ 9.1 Owner's Responsibilities —in general .................... 8 Owner's Separate Representative at site ............... 9.3 Partial Utilization .................................. 14.10 Partial Utilization —definition of ......................... I Partial Utilization —Property Insurance ............... 5.15 Patent Fees and Royalties ............................ 6.12 Payments. Recommendation of ...........14.4-14.7 14.13 Payments to Contractor —in general .....................4 Payments to Contractor —when due ........... 14.4, 14.13 Payments to Contractor —withholding ................ 14.7 Performance and other Bonds ..................... 5.1-5.2 Permits............................................... 6.13 Physical Conditions ................................... 4.2 Physical Conditions —Engineer's review ............. 4.2.4 Physical Conditions —existing structures ............. 4.2.2 Physical Conditions —explorations and reports ....... 4.2.1 Physical Conditions —possible document change ..... 4.2.5 Physical Conditions —price and time adjustments .... 4.2.5 Physical Conditions —report of differing ............. 4.2.3 Physical Conditions —Underground Facilities .......... 4.3 Preconstruction Conference ........................... 2.8 Preliminary Matters ..................................... 2 Premises, use of.......6.16-6.18 Price, Change of Contract...............................ii Price -Contract —definition of ............................ I Progress Payment, Applications for ................... 14.2 Progress Payment—retainage ......................... 14.2 Progress schedule ............... 2.6, 2.9, 6.6, 6.29, 15.2.6 Project —definition of....................................I Project Representation —provision for ................. 9.3 Project Representative, Resident —definition of .......... I Project, Starting the ................................... 2.4 Property Insurance ...............................5.6-5.13 Property Insurance —Partial Utilization ............... 5,15 Property Insurance —Receipt and Application of Proceeds ................................... 5.12-5.13 Protection, Safety and ........................... 6.20-6.21 Punch list...........................................14.11 Recommendation of Payment .................. 14.4, 14.13 Record Documents...................................6.19 Reference Points......................................4.4 Regulations. Laws and ............................... 6.14 Rejecting Defecrive Work ............................. 9.6 Related Work at Site ..............................7.1-7.3 Remedies Not Exclusive ............................. 17.4 Removal or Correction of Defective Work ........... 13.11 Resident Project Representative —definition of ........... I Resident Project Representative —provision for ........ 9.3 Responsibilities, Contractor's —in general ............... 6 Responsibilities. Engineer's —in general ................. 9 Responsibilities, Owner's —in general ....................g Retainage............................................14.2 Reuse of Documents .................................. 3.5 Rights of Way .......................................... 4.1 Royalties, Patent Fees and ........................... 6.12 Safety and Protection ............................ 6.20-6 21 Samples ......................................... 6.23-6._8 Schedule of progress ........ 2.6. 2.8-2.9, 6.6. 6.29. 15.2.6 Schedule of Shop Drawing submissions ...................... 2.6._.8-2.9, 6.23. 14.1 Schedule of values ...................... 2.6. 2.8.2.9, 14.1 Schedules. Finalizing .. .............................. 2.9 Shop Drawings and Samples ..................... 6.23-6 28 Shop Drawings —definition of ............................ I Shop Drawings, use to approve substitutions......................................6.7.3 I ' Site, Visits to —by Engineer ........................... 9.2 Specifications —definition of ............................. I ' Starting Construction, Before ........2.5-2.8 Starting the Project .................................... 2.4 Stopping Work —by Contractor ....................... 15.5 Stopping Work —by Owner .......................... 13.10 1 Subcontractor —definition of .............. I Subcontractors —in general ....................... 6.8-6.11 Subcontracts —required provisions ............ 5.11.1, 6.11 11.4.3 Substantial Completion —certification of .............. 14.8 Substantial Completion —definition of ............. A ...... 1 Substitute or "Or -Equal" Items ....................... 6.7 1 Subsurface Conditions ............................. 4.2-4.3 Supplemental costs.................0............... 11.4.5 Supplementary Conditions --definition of ................ I Supplementary Conditions —principal references to .. 2.2, 4.2,5.1,5.3,5.6-5.8, 6.3, 6.13. 6.23, 7.4, 9.3 Supplementing Contract Documents ...............3.4-3.5 Supplier —definition of ................................... I ' Supplier —principal references to ... 3.6. 6.5, 6.7-6.9, 6.20, 6.24, 9.13, 9.16. 11.8, 13.4, 14.12 Surety —consent to payment .................. 14.12,14.14 Surety —Engineer has no duty to ..................... 9.13 I. Surety —notice to ..........................10..1. 10.5, 15.2 Surety —qualification of ....................... .. 5.1-5.2 Suspending Work, by Owner ......................... 15.1 Suspension of Work and Termination —in general .......IS Superintendent —Contractor's ......................... 6.2 Supervision and Superintendence ..................6.1-6.2 I. Taxes —Payment by Contractor ...............6.15 Termination —by Contractor ..........................15.5 Termination —by Owner ......................... 15.2-15.4 Termination, Suspension of Work and —in general ......IS ' Tests and Inspections ...........................13.3-13.7 Time, Change of Contract .............................. 12 I I LI I Time, Computation of ................................ 17.2 Time, Contract —definition of ............................ I Uncovering Work ...............................13.8-13.9 Underground Facilities —definition of .................... I Underground Facilities —not shown or indicated ..... 4.3.2 Underground Facilities —protection of ........... 4.3. 6.20 Underground Facilities —shown or indicated ......... 4.3.1 Unit -Price Work —definition of .......................... I Unit Price Work —general ................. 11.9. 14.1. 14.5 Unit Prices .........................................11.3.1 Unit Prices. Determinations for ....................... 9.10 Use of Premises.................................6.16-6.18 Utility owners .......................... 6.13. 6.20. 7.2-7.3 Values, Schedule of ..............0.......... 2.6. 2.9. 14.1 Variations in Work —Authorized ............ 6.25, 6.27. 9.5 Visits to Site —by Engineer ............................ 9.2 Waiver of Claims —on Final Payment ................ 14.16 Waiver of Rights by insured parties ............. 5.10. 6.11 Warranty and Guarantee —by Contractor ............. 13.1 Warranty of Title. Contractor's ....................... 14.3 Work, Access to.....................................13.2 Work —by others........................................7 Work Continuing During Disputes ....................6.29 Work, Cost of...................................11.4-11.5 Work —definition of.....................................I Work Directive Change —definition of ................... I Work Directive Change —principal references to ............................ 3.4.3. 10.1-10.2 Work. Neglected by Contractor ..................... 13.14 Work, Stopping by Contractor ........................ 15.5 Work. Stopping by Owner .......................15.1-15.4 Written Amendment —definition of ...................... I Written Amendment —principal references to ..................... 11.2, 12.1 I( it I I. I 1 1 1 II GENERAL CONDITIONS ARTICLE I -DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement —The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment —The form accepted by ENGI- NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- porting documentation as is required by the Contract Documents. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds —Bid, performance and payment bonds and other instruments of security. Change Order —A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents —The Agreement, Addenda (which per- tain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post - Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement, together with all amend- ments, modifications and supplements issued pursuant to paragraphs 3.4 and -3.5 on or after the Effective Date of the Agreement. Contract Price —The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Flare —The number of days (computed as provided in paragraph I7.2) or the date stated in the Agreement for the completion of (he Work. CONTRACTOR —The person. firm or corporation with whom OWNER has entered into the Agreement. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard. test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drawings —The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER —The person, firm orcorporation named as such in the Agreement. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does nor involve a change in the Contract Price or the Contract Time. General Requirements —Sections of Division I of the Speci- fications. Lays and Regulations: Lars or Regulations —Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award —The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR'S obligations under the Contract Documents. OWNER —The public body or authority, corporation, asso- ciation, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utili,-.atiun—Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole. or a part as indicated elsewhere in the Contract Documents. Resident Project Representative —The authorized represen- tative of ENGINEER who is assigned to the site or any part thereof. I I I I I I I I L I [.I I .1 I [_1 Shop Drawings —All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perfor- mance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the site. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted" as applied to any Work refer to Substantial Comple- :don thereof. Supplementary Conditions —The part of the Contract Docu- tments which amends or supplements these General Condi- tions. Supplier —A manufacturer, fabricator, supplier, distributor. materialman or vendor. Underground Facilities —All pipelines, conduits, ducts, cables. wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facil- ities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam. liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work —Work to be paid for on the basis of unit prices. Work —The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- forming services, furnishing labor and furnishing and incor- porating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Change —A written directive to CONTRAC- TOR, issued on or alter the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10.2. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal- ing with the nonengineering or nontechnical rather than strictly Work -related aspects of the Contract Documents. (Additions; SC -1) ARTICLE 2 —PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. (Addition; SC -2.2) Commencement of Contract Time: Notice to Proceed: 2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agree- ment. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Project: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the dale on which the Contract Time commences to run. Before Starting Con ctruction: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents omd check and verify pertinent figures shown I I1 I I I I I I I 1 1 I I thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.6.2. a preliminary schedule of Shop Drawing sub- missions; and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub- mission. 2.7. Before any Work at the site is started, CONTRAC- TOR shall deliver to OWNER, with a copy to ENGINEER. certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 3.3 and 5.4.a4tfl QMWY IVeji}'fr/ o5PMH4MV 16�0&�tHV ,fh (SC -2.7) Preconstrucrion Conference: 2.8. Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGI- NEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establisha working understanding among the parties as to the Work. Finalizing Schedules: 2.9. At least fen days before submission of the first Appli- cation for Payment a conference attended by CONTRAC- TOR. ENGINEER and others as appropriate will be held to finalize. the schedules submitted in accordance with para- graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but such acceptance will neitherimpose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or pan thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals orcodes of any technical society, organization orassociation, or to the Laws or Regulations of any governmental authority. whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations'in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids). except as may be otherwise specifically slated. However, no provision of any referenced standard specification, manual orcode (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER, or any of their consultants, agents or employ- ees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGI- NEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi- bility contrary to the provisions of' paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. If, during the performance of the Work, CONTRAC- TOR finds a conflict. error or discrepancy in the Contract Documents. CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification I U I I I I I I I I I I I L Li I I from ENGINEER; however, CONTRACTOR shall not be liable to OWNER or ENGINEERfor failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.4. The Contract Documents may be amended to pro- vide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1. a formal Written Amendment, 3.4.2. a Change Order (pursuant to paragraph 10.4), or 3.4.3. a Work Directive Change (pursuant to para. graph 10.1). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5. In addition, the requirements of the Contract Docu- ments maybe supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.5.1. a Field Order (pursuant to paragraph 9.5), 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27), or 3.5.3. ENGINEER's written interpretation or clarifi- cation (pursuant to paragraph 9.4). Reuse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or fur- nishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings. Specifications or other docu- ments (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS: PHYSICAL CONDITIONS; REFERENCE POINTS A railability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to he per- formed. rights -of -way and easements for access thereto, and such other lands which are designated for the use of CON- TRACTOR. Easements for permanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands, rights -of -way or ease- ments entitles CONTRACTOR to an extension of the Con- tract Time, CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpreta- tions or opinions contained therein orforthe completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6, CONTRACTOR shall have full responsibility with resoect to subsurface conditions at the site. 4.2.2. Existing Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the complete- ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structures. 4.2.3. Report of Differing Conditions: If CONTRAC- TOR believes that: 4.2.3.1. any technical data on which CONTRAC- TOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate, or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- cated. reflected or referred to in the Contract Docu- ments. CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by para- graph 6.22_), notify OWNER and ENGINEER in writing about the inaccuracy or difference. 1 10 UI I I I El I I I I I I I I• LJ [1 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing (with acopy to CONTRACTOR) of ENGINEER's findings and con- clusions. 4.2.5. Possible Document Change: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered condi- tions a change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.2.6. Possible Price and Time Adjustments: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to theamountorlength thereof.aclaim may be made therefor as provided in Articles I I and 12. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and. 4.3.1.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordina- tion of the Work with the owners of such Underground Facilities during construction, for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of. CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emer- gency as permitted by paragraph 6.22). identify the owner of such Underground Facility and give %%Witten notice thereof to that owner and to OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the conse- quences of the existence of the Underground Facility, and the Contract Documents will be amended orsupplemented to the extent necessary. During such time. CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER -s judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements). shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE S —BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- ment Bonds. each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All.Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Corn - panics" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U.S. Treasury Department. All Bonds signed by an agent must he accompanied by a certified copy of the authority to act. (Addition; SC -5.1.1) 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of I I I I Li I 1 I I I 5.3.4. Claims for damages insured by personal injury ' - liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; L the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. Contractor's Liability Insurance: • 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's perfor- mance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: (Addition;•SC-5.3) 5.3.1. Claims under workers' or workmen's compen- sation. disability benefits and other similar employee ben- efit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRAC- TOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; I I I: I I I 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out, of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverages and be written fur not less than the limits of liability and coverages provided in the Supplemen- rary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insur- ance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provi- .sion or endorsement that the coverage afforded will nut he cancelled. materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNE and ENGINEER by certified mail. All such insurance sh; remain in effect until final payment and at all times thereaft when CONTRACTOR may be correcting, removing replacing defective Work in accordance with paragraph 13.1 In addition. CONTRACTOR shall maintain such complete operations insurance for at least two years after final payme and furnish OWNER with evidence of continuation of suc insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensivegeneralliabilityinsurancerequire by paragraph 5.3 will include contractual liability insuranc applicable to CONTRACTOR's obligations under paragraph 6.30and6.31. (Addition; SC -5.4) Owner's Liability Insurance: (Replacement; �!5!/,b`W)(G�r(Y%)ia1V b'd 4�s�ali6�plb/tb0�/efG�ti>�/a/i dc�hd�/hldlA PY171YV 9¢/h!'/itlb� kk✓ � l� t�WPhPS�/�{7�s�v�/SbX YpY>~XYdrpX X9�X1' Rho i>< kX�(fi &Yi'XiNd4'/ate: V 97P?}I Pt>d9YVt fYh /79t'frt%VW5t'/rftt/Sf (Replacements; ropero Insurance: 50-5.6; 50-5.7) .6. Unless otherwise provided in the Supplements Co itions, O\VNER shall purchase and maintain prop fly insur, nce upon the Work at the site to the full insurable clue thcreo (subject to such deductible amounts as may e pro- vided in c Supplementary Conditions or require y Laws and Regu tions). This insurance shall include t e interests ofOWNER.CONTRACTOR.Subcontractors. NGINEER and ENGINE R's consultarits in the Work, a of whom shall be listed as ins eds or additional insured p ties, shall insure against the peri of fire and extended overage and shalt include ''all risk' insurance for physi al loss and damage including theft, van alism and malic' us mischief, collapse and water damage, a such other rils as may be provided in the Supplementary nditions. nd shall include damages. losses and expenses an sin out o or resulting from any insured loss or incurred in the rep, it r replacement of any insured property (including but no invited to fees and charges of engineers, architects, att ne 's and other professionals). If not covered under the I risk ' insurance or otherwise pro- vided in the Suppleme ary Conde, ons, CONTRACTOR shall purchase and mainta i similar prop rty insurance on portions of the Work stores on and oil the sit or in transit "hen such portions of the \ -ork are to he include in an Application for Payment. 5.7. O\ NER shall purchase and main[\,umincc lerand machine/ insurance oraddinonal propertyas may red by the Supplemenary Conditws and Regu tiers which will include the interN• ER. CU 'TRACTOR. Subcontractors. ENAND E GIN EER s consultants in the \York, alhallbe uteri as insured or additional insured part 12 Li (Replacement; ' SC -5.8) All the policies of insurance (or the certificatesp other evce thereof) required to be purchased ad main. , tamed by O t in accordance with graphs 5.6 and 5.7 will contain a prov or en ment that the coverage afforded will not be canc aterially changed or renewal refused until at t irty days' pn tten notice has been I. given t TRACTOR by certified mat d will contain ver provisions in accordance with paragraph . 2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the ' Supplementary Conditions. The risk of loss within the deductible amount, will be borne by CONTRACTOR, Sub- contractoror others suffering any such loss and if any of them wishes property insurance coverage within the limits of such ' amounts, each may purchase and maintain it at the purchas- er's own expense. (Replacement; SC -5.10) S,10. If CONTRACTOR requests in writing thatythtrr ' speciartMgar1ceJded in the property i stsfance pol- icy, OWNER . if possible, include insurance, and the cost thereof will b rged t t TRACTOR by appro- priate Change Prior to com- mencement of th rk at the sice'OWNR shall in writing advise �QNT1tACTOR whether or not sue er insurance h een procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights ' against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work, and also I. waive all such rights against the Subcontractors, ENGI- NEER, ENGINEER's consultants and all other parties named as insureds in such policies for losses and damages ' so caused. As required by paragraph 6.11, each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favorofOWNER.CONTRACTOR. ENGINEER. ENGI- NEER'sconsultantsandallotherpartiesnamedasinsureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise pay- I. able under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that any policies provided in response to paragraphs 5.6 and 5.7 ' shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly. all such policies shall con- tain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds. and if the insurers require separate waiver forms to he signed by ENGINEER or ENGI- NEER's consultant OWNER will obtain the same, and if such waiver forms are required of any Subcontractor. CONTRACTOR will obtain the same. (Replacements; Receipt and Application of Proceeds: SC -5 . 144) 1) SC -5.13; SC -5. 2. Any insured loss under the policies of insura cc requi d by paragraphs 5.6 and 5.7 will be adjuste with OWNE and made payable to -OWNER as truste or the insureds, their interests may appear, subject tot erequire- ments of an pplicable mortgage clause and f paragraph 5.13. OWNER all deposit in a separate ace nt any money so received, and all distribute it in ace dance with such agreement as the pa ies in interest m reach. If no other special agreement is r ched the d, aged Work shall be repaired or replaced, th money so received applied on account thereof and the Wo ' a d the cost thereof covered by an appropriate Change Or or Written Amendment. 5.13. OWNER as tru ee shall hqve power to adjust and settle any loss with th insurers unles one of the parties in interest shall object,,4 writing within \days s after the occurrence of los to O\VNER's exercs power. if such obiectionp made. OWNER as trl make set- tlement with a insurers in accordance agreement as the part's in interest may reach. If r sting byany pa in interest. OWNER as tru. u n the occu nce of an insured loss. give bonproper er- for ante of such duties. Acceptance of Insurance: . 4.IfO\VNER has any objection to the coverage afford by or her provisions of the insurance required to be ur- chased a d maintained by CONTRACTOR in acc dance with paragr, hs 5.3 and 5.4 on the basis of its not mplying with the Cont ct Documents. OWNER shall otify CON- TRACTOR in w ' ing thereof within ten day of the date of delivery of such cc ficates to O\VNER i accordance with paragraph 2.7. If CO, TRACTOR has ny objection to the coverage afforded by or it provi ons of the policies of insurance required to be purc asedd maintained by OWNER in accordance with paragrap .6 and 5.7 on the basis of their not complying with th ntract Documents. CON- TRACTOR shall noiifyO\' ER in ritingthereof within ten days of the date of de 'ery of such certificates to CON- TRACTOR in accord,afce with paragrap 2.7. OWNER and CONTRACTOR 3 S11 each provide to the ther such addi- tional informatiyn in respect of insurance pro aided by each as the other p4 reasonably request. Failure by WNER or CONTRA OR to give any such notice of objecti within the time,provided shall constitute acceptance of such sur- ancey6rchased by the other as complying with the Cunt ct Dogtments. Partial Ctilication—Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Comple- tion of all the Work, such use or occupancy may be accom- plished in accordance with paragraph 14.10: provided that no I3 I I C I I I Li I I I I I I I I I such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insur- ance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique. sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. - 6.2. CONTRACTOR shall keep on the Work a[ all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Sat- urday, Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume lull respon- sibility for all materials, equipment, labor. transportation. construction equipment and machinery, tools. appliances. fuel, power- light, heat, telephone, water. sanitary facilities. temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Doc- uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed. con- nected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such instructions will be effective to assign to ENGINEER, or any of ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work orany duty or author- ity to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) adjust- ments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or -Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials orequipment of otherSuppliers may be accepted. by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform ade- quately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and he suited to the same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple- tion on time. whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents for in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or 14 I I I I I I L I I I I I royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to ENGINEER, if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7.1 as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability, and no. substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indi- cated in paragraph 6.8.2), whether initially or as a substi- tute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors. Suppliers or other per- sons or organizations (including those who are to furnish the principal items of materials and equipment) to be sub- mitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by 15 OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions. OWNER's or ENGINEER's accept- ance (either in writing or by failing to make written objec- tion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcontractor. Supplier or other person or organization so identified may be revoked on the basis of reasonable objection afterdue investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGI- NEER to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for ail acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR,is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to paragraphs 5.6 and 5.7. Patent Pees and Royalties: 6.12. CONTRACTOR shall pay all license tees and roy- alties and assume all costs incident to the use in the perfor- mance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of. patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the perfor- mance of the Work and if to the actual knowledge of OWNER I I Li I II IH I I I I I I I I I f 1 or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claimsin in connection with any alleged infringement of such rights. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR. when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- nections to the 1Vork. and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1 : CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations, neitherOWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary chances will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and without such notice to ENGINEER. CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings arc in accordance with such Laws and Regulations. Tares: 6.15. CONTRACTOR shall pay all sales, consumer. use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the perfor- mance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights - of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any,damage to any such land or area, or to the owner or occupant thereof or of any land or areas contig- uous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims. damages. Josses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equi- table. brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the 1Vork. CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equip- ment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any pan of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures chat will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a sate place at the site one record copy of all Drawings. Specifications. ,Addenda. Written Amendments. Change Orders. Work Directive Changes. Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.41 in good order and annotated to show all chances made during con- struction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings willbe available to ENGINEER for reference. Upon com- t 16 I I I I I I I I I I [I U I I I I I pletion of the \York. these record documents, samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site: and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road- ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss: and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the pro- tection, removal, relocation and replacement of their prop- erty. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR. any Subcontractor, Supplier or any other person or organization directly or indi- rectly employed by any of them to perform or furnish any of the Work oranyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for (he safety and protection.of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 14.13 that the Work isacceptable (except as otherwise expressly provided in connection with Substan- tial Completion). 6_21. CONTRACTOR shall designate a responsible rep- resen(ative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superin- tendent unless otherwise designated in writing by CON- TRACTOR to OWNER. Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR, without special instruction orauthorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice ifCONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGI- NEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. (Addition; Shop Drawings and Samples: SC -6.23) 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para- graph 2.9), or for other appropriate action if so indicated in the Supplementary Conditions, five copies (unless otherwise specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work. all samples required by the Contract Doc- uments. All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities, dimensions, specified performance cri- teria. installation requirements, materials, catalog num- bers and similar data with respect thereto and revie teed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time of each submission, CONTRAC- TOR shall give ENGINEER specific written notice preach variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on 17 I II I I I I I I I 1] I F I L 1 I I I,' each Shop Drawing submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples, but ENGI- NEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means. method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER. and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.2 and ENGINEER has given written approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval: nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25.1. 6.28. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submission wilt be the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements. except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 6-30. To the fullest extent permitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims. damages. losses and expenses. direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs f aris- ing out of or resulting from the performance of the Work. provided that any such claim, damage, loss or expense fat i attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than th, Work itself) including the loss of use resulting therefrom am (b) is caused in whole or in part by any negligent act o; omission of CONTRACTOR. any Subcontractor, any persor ororganization directlyor indirectly employed by any of then to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or no: it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI- NEER or any of. their consultants. agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages. compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER. ENGINEER's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. ARTICLE 7 —OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Proj- ect at the site by OWNER's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work: and, if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles II and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER. if OWNER is performing the additional work with OWNER's employees[ proper and safe access to the site and a reasonable opportunity or the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may he required to make its several parts come together properly and integrate with such other work. CON - 1 18 I 1 1• 1 1 1 I. I. 1 1 I. 1 1 I. I. 1 1 TRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non - apparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such author- ity and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor ENGINEER shall have any authority or responsibilityin respect of such coordination. (Addition; SC -7.5) ARTICLE 8 —OWNER'S RESPONSIBILITIES S.I. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. . 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points arc set forth in paragraphs 4.1 and 4.4. Para- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing siruc- 19 tuies which have been utilized by ENGINEER in preparing the Drawings and Specifications. S�riA�r��,�dd����n�+utr�ndr�skd�i�,�ur�n�r≥t 1�t iW iW 1 drb�dr/#Ac rMv A* 6 Addd i�AbdaraGl�d6AANd��d66r (SC -8.5) 8.6. OWNER is obligated to execute Chahge Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work.see paraaraphs13.l0andli.I.Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9 —ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER its OWNER's representative during construction are set forth in the Con- tract Documents and shall nor be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine. in general. if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater decree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site observations as an experienced and qualified design profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER acainst defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will he as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person will he as provided in the Supplementary Conditions. I Li U I I 1 I `l 1 I I I I 1 Li I I Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents, If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount orextent thereof. CONTRACTOR may make a claim therefor as provided in Article II or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article II or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection ortesting of the \York as provided in paragraph 13.9. whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6-23 through 6.29 inclusive. . 9.8. In connection with ENGINEER's responsibilities as to Change Orders, see Articles 10, II and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon Iby recommen- dation of an Application for Payment or otherwise!. ENGI- NEER's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days alter the date of any such decision. either OWNER orCON- TRAC.TOR delivers to the other party to the Agreement and to ENGINEER written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and othermatters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims -under Articles II and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on ENGINEER's Responsibilities: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor, any Supplier, or any other.person or organization performing any of the Work. or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms" as ordered.'. "as directed", "as required'. ' 'as allowed', "as approved" or terms of like effect or import arc used. or the adjectives'' reasonable". "suitable.' '.acceptable proper er" r or ''satisfactory' or adjectives of like effect or import :re used todescribea requirement, direction, revicworjudumcnt of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will he solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise). The use of any such term or adjective shall not be I. 20 u I I I I 1 C1 L I I I I I I I I effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. 9.15. ENGINEER will not be responsible for CON- TRACTOR's means, methods, techniques, sequences orpro- cedures of construction, or the safety precautions and pro- grams incident thereto, and ENGINEER will not be respon- sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the \York. ARTICLE 10 —CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work: these will be authorized by a Written Amendment, a Chance Order, or a Work Directive Change. Upon receipt of any such document. CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor ai provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supple- mented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in para- graph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: (ADDITION; sC-10.4) 10.4.1. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1. are required because of acceptance of de c(tit e Work under paracraph I3.1_ or correcting detertire Rork under paragraph 1 3.14. or arc agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Time which arc agreed to by the parties: and 10.4.3. changes in the Contract Price or Contract Time which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.1 I; provided that, in lieu of executing any such Change Order. an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations. but during any such appeal. CON- TRACTOR shall carry on the Work and adhere to the prog- ress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to. Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRAC- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ' ARTICLE II —CHANGE OF CONTRACT PRICE Ill. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be chanced by a Chance Order or by a \Vritten Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other partyand to ENGINEER promptly (but in noevent later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9;11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price 'mill he valid if not submitted in accordance with this paracraph 11.2. 11.3. The value of any Work covered by a Change Order or of :my claim for :n increase or decrease in the Contract Price shall he determined in one ut the lbllutcing ways: 11.3. I. Where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of unit prices to the quart hies of [he items involved I subject to the provisions of paragraphs I I.9. 1. through 11.9.3. inclusive). 1 I I I I I IE I I I C I I I I 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 and 11.7). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be- limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave. vacation and hol- iday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Satur- day, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of trans- portation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers. architects, testing laboratories, sur- veyors, attorneys and accountants) employed for services specifically related to the Work. - 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transporta- tion, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties con- nected with the Work. 11.4.5.2. Cost, including transportation and main- tenance. of all materials, supplies, equipment, machin- ery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER. and the costs of transportation. loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental ofany such equipment, machin- ery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR. any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses). not compensated by insurance orotherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), pro- vided they have resulted from causes other than the negligence of CONTRACTOR. any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses. damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR's Fee. If, however, any such loss or damage -- L I I L I Li I C I I I I I I Li I I I requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partner- ship and sole proprietorships), general managers, engi- neers, architects, estimators, attorneys, auditors, accoun- tants. purchasing and contracting agents, expeditors. timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph 11.4.1 or specifically covered by paragraph 11.4.4 — all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by sub- paragraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to. the correction of defective Work. disposal of materials or equipment wrongly supplied and making good any damage to prop- erty. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. The CONTRACTOR's Fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee: or if none can be agreed upon. 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2. the CONTRACTOR's Fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3. the CONTRACTOR's Fee shall be five percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4. 11.4.5 and 11.5: 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such chance which results in a net decrease in cost will be the amount of the actual net decrease plusa deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease: and 11.6.2.5. when both additions and credits are involved in any one chance, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net chance in accordance with paragraphs 11.6.2.1 through 11.6.2.4. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5. CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to he done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CON- TRACTOR t less any applicable trade discounts) of m:ite- rials and equipment required by the allowances to bedeliv- ered at the site, and all applicable trues: and 11.8_2. CONTRACTOR's costs for unloadine and hand line on the site, labor, installation costs, overhead. profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the ?3 I I I Li I I I I Ii Li l 11 I I I I I I allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspond- ingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to. be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sep- arately identified item. .3. Where the quantity of any item of Unit Price Work p ormed by CONTRACTOR differs mat ally and significa 'from the estimated quantity - uch item indicated in the = cement and there is corresponding adjustment with respe to any of item of Work and if CONTRACTOR believe at CONTRACTOR has incurred additional a nse a a result thereof. CON- TRACTOR ma ' ake a claim fora increase in the Con- tract Pric accordance with Article I the parties are o agree as to the amount of any (Replacement; SC -11.9.3) ARTICLE 12 —CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Orderor a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event laterthan thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of (he extent of the claim with supporting data shall be deliv- ered within sixty days alter such occurrence (unless ENGI- NEER allows an additional period of time to ascertain mitre accurate data in support of the claim) and shall he accom- panied by the claimant's written statement that the adiu>I- ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event All claims for adjustment in the Contract "time shall be determined by ENGINEER in accordance with para- graph 9.!! if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided, in para- graph 12.1. Such delays shall include, but not be limited to. acts or neglect by OWNER or others performing additional work as contemplated by Article 7, or to fires. floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects. attorneys and other professionals and court and arbitration costs) for delay by either party. ARTICLE 13 —WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11"arranty and Guara tee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor- dance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRAC- TOR. All defective Work, whether or not in place. may be rejected, corrected or accepted as provided in this Article 13. Access to 11'ork: 13.2. ENGINEER and ENGINEER'S representatives. other representatives of OWNER. testing agencies and gov- ernmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation. inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspecriorrr: 13.3. CONFRACTORsh:dlei%e ENG INEERtimaly not ice of readiness of the Work for all required inspections. tests or approvals. 13,4. IILaws or Regulations of any public hod % having jurisdiction require any Work I or par[ thereon In +pecificallc he inspected. tested or approved. CONTRACTOR .hall ascumc (till responsibility therefor. pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection. testing or approval. CONTRACTOR shall :lw 1 24 I I I Li I I I I I I I L I F El I I I be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN - ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work. or of materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereof for incorporation in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified). (RR plac m �y, 13.5. WiVVj Vibd . idi� f . d �1t tfr�A£4Ala4/s/dr/d�t:tit/a26d�dflsa � {�J[y y["e�}a�J�/(/{ /dMVt4 /Jd/��1�I (!1( /L6 yENQI�i�Y1 El fts6 4 AWC/WCA I. 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER. it must, if requested by ENGI- NEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by ENGINEER nor inspec- tions, tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct. indirect and consequential costs of such uncovering, expo- sure, observation, inspection and testing and of satisfactory reconstruction. (including but not limited to lees and charges of engineers. architects. attorneys and other professionals), and OWN ER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties arc unable to agree as to the amount thereof, may make a claim therefor as provided in Article II. II'. however. such Work is not found to be de/errire. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time. or both. directly attributable to such uncovering. exposure. observation. inspection, testing and reconstruction: and. if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. Owner May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof. until the cause for such order has been eliminated: however, this right of OWNER to stop the Work shall not give rise to any duty on the pan of O\V N ER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER. CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed. or. if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers. architects, attorneys and other profes- sionals) made necessary thereby. One Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to O\VNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site - and replace it with nundefective \York. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defective Work cor- rected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. .1 cccptance of Defective [York: 13.13. If. instead of requiring correction or removal and replacement of defi,(tive Work. OWNER (and, prior to ENGINEER's recommendation of final payment. also ENGINEER ) prefers to accept it. OWNER may do so. CON- TRACTOR shall bear all direct, indirect and consequential 25 I I I C I jr TI 11 Li I [J I I .costs attributable to OWNER's evaluation of and determi- nation to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attor- neys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article I1. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CON- TRACTOR fails to comply with any other provision of the Contract Documents. OWNER may, after seven days' writ- ten notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the %York, and suspend CON- TRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's represen- tatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Chance Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 1I. Such direct, indirect and consequen- tial costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals. all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CON IRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Mime because of any delay in per- formance of'the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE IIPAYMENTSTO CONTRACTOR AND COJIPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for proeress payments and will be incorporated into a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale. invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens') and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be sat- isfactory to OWNER. The amount of retainage with respect to progress payments will he as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Appli- cation for Payment. whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Renew of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment; either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to rec- ommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten dens after presentation ul' the Application for Pay- ment with ENGINEER's recommendation, the amount rec- ommended will (subject to the provisions of the last sentence of paragraph 13.7) become due and when due will he paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a 1 I I I I I I I El I I I 1 I 1 I representation by ENGINEER to OWNER, based on ENGI- NEER's on -site observations of the Work in progress as an experienced and qualified design professional and on ENGI- NEER's review of the Application for Payment and the accompanying data and schedules that the Work has pro- gressed to the point indicated; that, to the best of ENGI- NEER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifi- cations stated in the recommendation); and that CONTRAC- TOR is entitled to payment of the amount recommended. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaus- tive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by \Vrit- ten Amendment or Change Order. 14.7.3. OWNER has been requirdd to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of (he full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per- formance or tarnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling 27 OWNER to a set-off against the amount recommended. but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the status of completion. If ENGINEER does not con- sider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objec- tions. ENGINEER concludes that the Work is not substan- tially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If. after consideration of OWNER's objections. ENGINEER considers the Work substantially complete. ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be com- pleted or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWNER. At the time of delivery. of the tentative certificate of Substantial Completion ENGI- NEER will deliver to O W NER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat. utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have the right to exclude CON- TRACTOR from the Work after the date of Substantial Com- pletion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER of any finished part of the Work, which has specifically been identified in the Contract Ducu- I I I I I I I I I I U I I I I ments. or which OWNER, ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable part of the Work that can be used by OWNER without sig- nificant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the follow- ing: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER inwriting that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER, CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CON- TRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within 1 reasonable time there- after OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance. utilities, insur- ance- warranties and guarantees for that par[ of the Work which will become binding upon OWNER and CON- TRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work. OWN ER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules. guaran- tees. Bonds, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other docu- ments —all as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14.16). CONTRACTOR may make application for final payment following the pro- cedure for progress payments. The final Application for Pay- ment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the \York. In lieu thereof and as approved by OWNER. CONTRACTOR may furnish receipts or releases in full; an affidavit of CON- TRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be respon- sible. have been paid or otherwise satisfied; and consent of the surety, if any. to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full. CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If. on the basis of ENGINEER's observation of the \York during construction and final inspection, and ENGINEER's review of the final Application For Payment and accompanying documentation —all as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CON-IR:\CTOR's other ohlieat ions under the Contract Documents have been fulfilled. ENGI- NEER will. within ten days after receipt of the final Appli- cation for Payment. indicate in writing ENGINEER's rec- ommendation of payment and present the Application to OWNER for payment. "[hereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. is I I I I I I I I I I I I I I Li I I Otherwise. ENGINEER will return the Application to CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropri- ate form and substance, and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by O\VN ER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall, upon receipt of CON- TRACTOR's final Application for Payment and recommen- dation of ENGINEER, and without terminating the Agree- ment, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment. and if Bonds have been furnished as required in para- graph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment, except chat it shall not constitute a waiver of claims. Contractor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute.Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a cer- tificate of Substantial Completion. nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so. nor any review and approval of a Shop Drawing or sample submission. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14-13, nor any correction of defective Work by OWNER will con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACTOR. except claims arising from unsettled Liens, from cle retire Work appearing alter final inspec- tion pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein: however, it will not consti- tute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Con- tract Documents: and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER otherthan those previously made in writ- ing and still unsettled. ARTICLE I5 —SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any time and without cause. sus- pend the Work or any portion thereof fora period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. Owner 3fay Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter.of the Bankruptcy Code (Title II. United States Code), as now or hereafter in effect, or if CON- TRACTOR takes any equivalent or similar action by tiling a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4, if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under aoplicahle late or under contract. whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or Ibr the purpose of general administration of such property for the henetit u1 CON 'I'RACTOR's creditors: 15.2.5. if CONTRACTOR admits in writing an inabil- ity 10 pay its debts generally as they become due; 15.2.6. il'CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents 29 I I t I I' I I I I I I I I Li Li I I (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regu- lations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments; OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass orconversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attor- neys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been s' terminated by OWNER, the termination will not affect an. rights or remedies of OWNER against CONTRACTOR thet existing or which may thereafter accrue. Any retention.o payment of moneys due CONTRACTOR by OWNER wit not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRAC TOR and ENGINEER. OWNER may, without cause anc without prejudice to any other right or remedy, elect to aban- don the Work and terminate the Agreement. In such case. CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. which will include, but not be limited to. direct, indirect and con- sequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs). Contractor May Stop Work or Terminate: 15.5. If. through no act or.fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority. or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to be due, then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. [The remainder of this pace was left blank intentionally.[ I 30 I I I LI I. El I I I I I I I I I ARTICLE 16 —ARBITRATION 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of. or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16) will be decided by arbitration in accordance with the Con- struction Industry Arbitration Rules of the American Arbi- tration Association then obtaining subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accor- dance herewith as provided in this Article 16 will be specifi- cally enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlierof (a) the date on which ENGINEER has rendered a decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim. dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitra- tion of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered writ- ten notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limi- tations. 16.4. No arbitration arising out of or relating to the Con- tract Documents shall include by consolidation. joinder or in any other manner any other person or entity (including ENGINEER. ENGINEER's agents, employees or consul- tants) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration. 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRAC- TOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph: but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having juris- diction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and Ii of the Federal Arbitration Act l9 U.S.C. §§10.1I). [The remainder of this page was left blank intentionally.] Li 31 I H I fl I I I Ii I I ARTICLE 17 -MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Docu- ments requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the indi- vidual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid. to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computa- tion. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OIVNER or CONTRACTOR suffer injury or damage to person or property because of any error, omis- I I I I 33 sion or act of (he other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the pro- visions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30. 13.1, 13.12. 13.14. 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder. are in addition to, and are not to be construed in any way as a limitation of. any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obliga- tion, right and remedy to which they apply. All representa- tions. warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement. 11 I ITABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS I H 1 Page SC -1 Definitions and Abbreviations SC -1 SC -2 Preliminary Matters SC -2 SC -5 Bonds and Insurance SC -3 SC -6 Contractor's Responsibilities SC -6 • SC -7 Other Work..............................................a. SC -6 SC -8 Owner's Responsibilities .... SC -7 SC -11 Change of Contract Price .......... SC -7 SC -13 Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...... SC -7 1 1 1 1 1 I 1 1 1 1 SC-i ISupplementary Conditions SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. SC -1. DEFINITIONS AND ABBREVIATIONS Whenever the words herein defined, or pronouns used in their stead, occur in this Contract and Documents, they shall have and are mutually understood to have the meaning herein given: The word "OWNER" shall mean the City of Fayetteville, Arkansas, acting through its duly authorized representatives. The words "Board of Directors" shall mean the Board of Directors of Fayetteville, Arkansas, the duly elected or appointed governing body of the City of Fayetteville, Arkansas. The words "Mayor" and "City Clerk" shall mean, respectively, the Mayor and ICity Clerk of the City of Fayetteville, Arkansas. The words "City Attorney" shall mean the. City Attorney for the City of Fayetteville, Arkansas. The word "ENGINEER" shall mean the engineering firm of McGoodwin, Williams and Yates, Inc., Consulting Engineers, who has been employed by the City of iFayetteville, Arkansas for this Work or their duly authorized agent. The words "Resident Engineer" shall mean the ENGINEER'S duly authorized inspector who shall represent the ENGINEER in the daily inspection of the 'Work. The word "Inspector" shall mean the engineering or technical inspector or ' inspectors duly authorized by the ENGINEER, limiting to the particular duties entrusted to him or them. ' The word "surety" or "sureties" shall mean the bondsmen or party or parties who have made sure the fulfillments of the Contract by Bonds, and whose signatures are attached to said Bonds. I The word "Advertisement" shall mean all the legal publications pertaining to the Work of this Contract. • The word "Plans" the Contract and the ENGINEER may for the purpose section "Modific. shown thereon. [1 shall mean, collectively, all of the Drawings pertaining to made a part thereof, and also such Supplementary Drawings as issue from time to time in order to clarify the Drawings, or of showing changes in the Work as authorized under the itions and Alterations," or for showing details which are not I SC -1 Supplementary Conditions I The term "grade" used in these Specifications is understood to refer to and indicate the established elevations of the paving, flow line of sewers or other appurtenances as shown on the Plans on file in the office of the official designated in the "Advertisement for Bids." Whenever the following abbreviations are used, they shall have the meanings given below: AASHTO - American Association of State Highway Officials , ACT - American Concrete Institute AGA - American Gas Association AISC - American Institute of Steel Construction ANSI - American National Standards Institute APA - American Plywood Association ASA - American Standards Association ASTM - American Society for Testing Materials AWG - American Wire Gauge AWPA - American Wood Products Association AWS - American Welding Society AWWA - American Water Works Association GSA - General Services Administration, U. S. Government NBHA - National Builders Hardware Association NEC - National Electrical Code NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association NPT - National Pipe Thread SBC - Standard Building Code SPA - Southern Products Association UL - Underwriters' Laboratories A - ampere , cfm - cubic feet per minute CGMP - corrugated galvanized metal pipe DIP - ductile iron pipe gpm - gallons per minute Hp - horsepower MGD - million gallons per day N.C. - normally closed N.O. - normally open ppm - parts per million psi - pounds per square inch PVC - polyvinyl chloride (pipe) R - motor starter relay RCP - reinforced concrete pipe rpm - revolutions per minute T.D. - time delay TDH - total dynamic head V - volt SC -2 PRELIMINARY MATTERS ' SC -2.2 Copies of Contract. Not less than six copies of the bound volumes SC -2 1 I Supplementary Conditions of the proposal, Contract and, stipulations shall be prepared, each containing an exact copy of the CONTRACTOR'S proposal as submitted, the Bond or Bonds ' properly executed and Contracts signed by both parties thereto. However, the CONTRACTOR and the surety executing the Bond shall not date the Contract or the Bond upon submission for execution by the OWNER. These documents will be dated the date the OWNER executes the Contract. SC -2.7 Furnishing of Insurance Data. Amend the first sentence of paragraph 2.7 of the General Conditions by striking out the following words: "and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7." ' SC -5 BONDS AND INSURANCE ' 5.1.1 Resident Agent. The Contractor shall furnish performance and payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a resident agent will not be sufficient. No employers' liability, public liability or workmen's collective insurance policy shall be written in any casualty company not authorized to do business in. the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas. 1 SC -5.3 Contractor's Liability Insurance. The limits of liability for the insurance required by paragraph 5.3 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 5.3.1 and 5.3.2 Workers' Compensation, etc. under paragraphs 5.3.1 and 5.3.2 of the General Conditions: 1) State: Statutory 2) Applicable Federal (e.g. Longshoreman's): Statutory ' 3) Employer's Liability: $ 100,000 Each Occurrence I5.3.3, 5.3.4, 5.3.5 and 5.3.6 Comprehensive General Liability (under paragraphs 5.3.3 through 5.3.6 of the General Conditions): I. 1) Bodily Injury (including completed operations and products liability): $ 500,000 Each Occurrence $1,000,000 Annual Aggregate Property Damage: 1 $ 200,000 Each Occurrence $ 500,000 Annual Aggregate or a combined single limit of $1,000,000. SC -3 Supplementary Conditions 2) Property Damage liability insurance will provide Explosion, Collapse and Underground coverages where applicable. 3) Personal Injury, with employment exclusion deleted: $ 500,000 Each Occurrence ' $1,000,000 Annual Aggregate or a combined single limit of $1,000,000. 5.3.7 Comprehensive Automobile Liability Bodily Injury: ' $ 500,000 Each Person $1,000,000 Each Occurrence Property Damage: $ 200,000 Each Occurrence , or a combined single limit of $1,000,000. SC -5.4 Contractual Liability Bodily Injury: $ 500,000 Each Occurrence , Property Damage: $ 200,000 Each Occurrence $ 500,000 Annual Aggregate SC -5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General ' Conditions in its entirety and insert the following in its place: 5.5 OWNER'S and ENGINEER'S Contingent Protective Liability , Insurance. The CONTRACTOR shall indemnify and save harmless the OWNER and ENGINEER from and against all losses and claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of any omission or act of the CONTRACTOR, his agent or employees in the execution of the Work or in the guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less than $2,000,000 for property damage and bodily injury limits, and and with such provisions as will protect the OWNER and ENGINEER from contingent liability under this Contract. SC -5.6 Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: , SC -4 , ' Supplementary Conditions 5.6 Property Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the ' Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER'S consultants in the Work (all of whom shall be listed as insureds or additional insured parties), shall insure ' against the perils of fire and extended coverage, shall include "all-risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, and water damage, and such other perils as may be provided in these Supplementary Conditions, and , shall include damages, losses and expenses arising out of or ' resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under ' the "all-risk" insurance or otherwise provided in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on •portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment: The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph 5.6 and will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least ' 30 days' prior written notice has been given to OWNER by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. SC -5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: 5.7 Other Insurance. The CONTRACTOR is to protect the OWNER against all loss during -the course of the Contract. If, due to the nature of the Project, insurance coverage ' other %than that specified is needed by the CONTRACTOR to protect the OWNER against all losses, the CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. Each insurance certificate and/or policy shall contain a clause providing that it shall not be canceled by the ' insurance company without thirty (30) days written notice to the OWNER of intention' to cancel. It shall be the responsibility of the CONTRACTOR to maintain insurance as set out and to furnish current certificates and/or policies. SC -5.8 Delete paragraph 5.8 of the General Conditions in its entirety. SC -5 Supplementary Conditions , SC -5.10 Delete paragraph 5.10 of the General Conditions in its entirety. SC -5.12 Receipt and Application of Proceeds. Delete paragraph 5.12 of the General Conditions in its entirety. SC -5.13 Delete paragraph 5.13 of the General Conditions in its entirety. SC -5.14 Acceptance of Insurance. Delete paragraph 5.14 of the General Conditions in its entirety. SC -6 CONTRACTOR'S RESPONSIBILITIES SC -6.23 Shop Drawings and Samples. Add the following language at the end of the first sentence of paragraph 6.23 of the General Conditions: "The Shop Drawing Review by the ENGINEER is for general compliance with the Contract Documents. No responsibility is assumed by the ENGINEER for correctness of dimensions or details." SC -7 OTHER WORK SC -7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: SC -7.5. Should CONTRACTOR cause damage to the Work or 1 property of any separate contractor at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER or ENGINEER, or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER or ENGINEER on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as SC -6 ' Li Supplementary Conditions El I I I LJ I I I to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may -;make a claim for an Extension of Time in accordance with Article 12. An Extension of the Contract Time shall be CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective responsibilities. SC -8 OWNER'S RESPONSIBILITIES SC -8.5 Delete paragraph 8.5 of the General Conditions in its entirety. SC -11 CHANGE OF CONTRACT PRICE SC -11.9.3 Unit Price Work. Paragraph 11.9.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 11.9.3.1 if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and ' 11.9.3.2 if there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3 if CONTRACTOR believes that it has incurred • additional expense as a result thereof; and • 11.9.3.4 if OWNER believes that the quantity variation entitles it to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the 1 Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed. ' SC -13 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OP. ACCEPTANCE OF DEFECTIVE WORK SC -13.5 Tests and Inspections. Paragraph 13.5 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: All inspections, tests or approvals other than those required by I. Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and ENGINEER. I SC -7 I. Section 100 Project Requirements TECHNICAL SPECIFICATIONS WATER DISTRIBUTION SYSTEM IMPROVEMENTS 1 for the CITY OF FAYETTEVILLE, ARKANSAS Plans No. Fy-200 Dated October 1990 1 PROJECT REQUIREMENTS IA. SCOPE OF WORK The work to be done under this contract is as shown on the Plans and as provided for in these Specifications, and shall include the furnishing of all materials, equipment, tools, supplies and incidentals, and performing all labor in the construction of work generally as follows: ' Water Distribution System Improvements consisting of 1,675 linear feet of 12 inch water pipe (DIP Class 50 or Class 2001 ' C900 PVC), 11,550 linear feet of 8 inch water pipe (DIP Class 51 or Class 200 C900 PVC) and 100 linear feet of 6 inch ductile iron pipe, Class 51, including fittings, valves, fire hydrants, 2 inch blowoff for flushing, ties to the existing ' system, and 80 linear feet of 16 inch steel casing for highway crossings. ' B. SEQUENCE OF THE WORK The Contractor shall develop a sequence of the workplan in cooperation with personnel of the City of Fayetteville and the Engineer. In general, the sequence of work as related to construction of water lines must be such that: 1. it must provide that water line construction will.begin'at a point where ' the line can be connected to existing facilities so water is available for flushing and sterilization of the new facilities. 2. the work, including cleanup, etc., can essentially be completed prior, to commencement of work in another section. C. LANDS AND RIGHTS OF WAY IThe work to be performed under this contract shall be on city street right of way and on easements or lands acquired by the City and across Arkansas State ' Highway and Transportation Department right of way. All access to the rights of way across properties, other than along the route shown on the Plans, shall be exercised by the Contractor only after having 1 100-1 I Section 100 , Project Requirements obtained permission from each landowner for that particular access. The Contractor shall be responsible for obtaining required permits and posting required performance bonds, if any, for county road and city street crossings. The Contractor shall be responsible for reestablishing or paying the cost of replacing any highway remonumentation. D. CONTRACTOR TO LAY OUT WORK The Engineer's representative will provide general guidance in the laying out ' of the work. However, the Contractor shall furnish, without charge, competent men from his force and such tools, stakes and other materials as is required for the proper staking out of the work and in making measurements and surveys and in establishing temporary or permanent reference marks in connection with said work. E. SUNDAY, HOLIDAY AND NIGHT WORK ' No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., or on Sundays or legal holidays, except work as is necessary for the proper care and protection of work already performed, or in case of any emergency. The Contractor shall schedule his activities such that the routine assistance of the Owner will not be required before 8:00 a.m. or after 5:00 p.m. , F. SECURITY The Contractor shall be responsible for protection of the site, and all work, , materials, equipment and existing facilities thereon against vandals and other unauthorized persons. No claim shall be made against the Owner by reason of any act of an employee , or trespasser, and the Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, watchman services, and other measures as required to protect the site. G. ACCESS ROADS ' The Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the project. Scheduling, materials and construction procedures are specified in other sections of the documents. Such roads shall be available for the use of all others performing work or furnishing services in connection with the project. ' H. PARKING The Contractor shall provide and maintain suitable parking areas for the use , of all construction workers and others performing work or furnishing services in connection with the project, as required, to avoid any need for parking 100-2 Section 100 Project Requirements personal vehicles where they may interfere with private business or residential activities, Owner's operations, or construction activities. ' I. DUST CONTROL The Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. Dusty materials in piles or in transit shall be covered when practicable to prevent blowing. ' Buildings or operating facilities which may be affected adversely by dust shall be adequately protected. Existing or new machinery, motors, instrument ' panels or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. J. TEMPORARY DRAINAGE PROVISIONS The Contractor shall provide for the drainage of stormwater and such water as may be applicable or discharged on the site in performance of the work. ' Drainage facilities shall be adequate to prevent damage to the work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as .necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels) Ito protect Owner's facilities and the work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. K. EROSION CONTROL The Contractor shall prevent erosion of soil on the site and adjacent ' property resulting from his construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation, or other operation that will disturb the natural protection. Work shall be scheduled to expose areas subject to erosion for the shortest possible time, and natural vegetation preserved to the greatest extent ' practicable. Temporary storage and construction buildings shall be located, and construction traffic routed, to minimize erosion. Temporary fast growing vegetation or other suitable ground cover shall be provided as necessary to control runoff. ' L. POLLUTION CONTROL The Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris and other substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris or other substance will be permitted to enter sanitary sewers, and reasonable measures will be taken to prevent such materials from entering any drain or watercourse. I 100-3 Section 100 , Project Requirements M. TREE AND PLANT PROTECTION All trees and other vegetation which must be removed to perform the work shall be removed and disposed of by the Contractor. However, no trees or cultured plants shall be unnecessarily removed unless their removal is indicated on the Drawings. All trees and plants not removed shall be protected against injury from construction operations. All trimming and repair of trees and plants shall be performed by qualified ' nurserymen or horticulturists. N. MONTHLY ESTIMATES AND PAYMENTS Monthly estimates shall be prepared to include all work accomplished for the , period ending on the third Friday of each month, except when there are five Fridays the period will end on the fourth Friday. The Engineer, based on data gathered during the construction process, will make an estimate of the value of the work done and materials furnished in place during the previous estimate period. He will also include the cost value of freight for equipment and materials readily accounted for, but not such items as cement, aggregate, lumber, nails and miscellaneous items. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor 90 percent of the amount of such estimated value of materials furnished and work done during said previous calendar month. If the Owner shall at any time fail to make the Contractor a monthly estimate at the time herein specified, such failure shall not be held to vitiate or void the contract. , The City of Fayetteville, based on documents approved by the Engineer, will make payment to the Contractor on or before the 10th day of the month , following the end of the estimate period. 0. PAYMENT Payment shall be made in accordance with the bid items as set out in the Methods of Measurement and Payment. P. CONNECTIONS TO EXISTING FACILITIES , Unless otherwise specified or indicated, the Contractor shall make necessary ' connections to existing utilities such as water, sewer, telephone and electric. In each case, the Contractor shall receive permission from the Owner or the owning utility prior to undertaking connections. The Contractor shall protect facilities against deleterious substances and damage. ' Connections to existing facilities which are in service shall be thoroughly planned in advance, and all required equipment, materials and labor shall be on hand at the time of undertaking the connections. Work shall proceed continuously (around the clock) if necessary to complete connections in the minimum time. Operation of valves or other appurtenances on existing 100-4 ' Section 100 Project Requirements utilities, when required, shall be by or under. the direct supervision of the City of Fayetteville. Q. SPECIAL PRECAUTIONS- ' The Contractor will be responsible for excavating or otherwise locating underground facilities that may interfere with water pipe installation. Facilities shall be located far enough ahead to allow adjustments to be made in grade or alignment of proposed facilities. The Fayetteville Street Department shall be notified for location of buried traffic signal systems. R. ABBREVIATIONS AND SYMBOLS Abbreviations and symbols used in these Specifications are described in the Supplementary Conditions, Article SC -1. I J i Li I I I I I I ' 100-5 I I I El I I TECHNICAL SPECIFICATIONS TESTING A. GENERAL Section 120 Testing & Certifications The Contractor shall be responsible for and shall pay all costs associated with any inspection or testing required in connection with Owner's or Engineer's acceptance of materials or equipment incorporated in the work, as provided for in Article 13 of the General Conditions. B. CERTIFICATES OF COMPLIANCE The Contractor shall be responsible for furnishing to the Engineer materials and equipment manufacturers' duly sworn certificates of compliance with all requirements and provisions of applicable standards such as, but not limited to, AWWA, ASTM, ANSI, AASHTO, AHTD, or others for all materials and equipment delivered to this project. C. SPECIFIC REQUIREMENTS Specific. requirements for testing and certificates of compliance are set ' forth in the Technical Specifications for each item of work. I I L I F I I I ' 120-1 I C C L C I I I I u El I L TECHNICAL SPECIFICATIONS SCHEDULES A. GENERAL Section 140 Schedules The Contractor shall utilize and. maintain through project completion critical path scheduling of all phases of work required for completioh of the project within the contract time. Such schedule shall be submitted to the Engineer as required by the General Conditions and as specified herein. B. CRITICAL PATH SCHEDULE The Contractor shall show various phases of work to be performed, submittals, materials and equipment orders, receipt of materials and equipment, manpower, skills, and equipment required, and completion dates of various phases of work to be performed for completion of the project. With reference to paragraphs 2.6 and 2.9 of the General Conditions, the Contractor shall have submitted all approvable critical path scheduling at least ten days before submission of the first application for payment. On the last Friday of each month, the Contractor shall submit to the Engineer critical path progress status reports and revised schedules as required to show completion of the project. 140-1 I I I ' A. GENERAL 1 I. 1 I. 1 1 1 1 1 Section 150 Explosives TECHNICAL SPECIFICATIONS USE OF EXPLOSIVES The Contractor shall observe the requirements of the General Conditions, Supplementary Conditions and this Technical Specification when using any explosive materials for excavation or demolition. B. USE OF EXPLOSIVES When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, state and federal laws in purchasing and handling explosives. The Contractor shall take all necessary precaution to protect persons, completed work, neighboring property, water lines, or other underground structures. The Contractor shall submit to the Owner a certificate of insurance covering such blasting operations. Such insurance shall be in the same amount as is the public liability requirements under Article 5 of the Supplementary Conditions. C. RESPONSIBILITY The Contractor shall be totally responsible for handling explosives in a safe manner and for any damage resulting from the use of explosives. 150-1 I I I I I I I I I I I I I I I Section 160 Materials Storage/Handling TECHNICAL SPECIFICATIONS STORAGE AND HANDLING OF MATERIALS A. GENERAL The Contractor shall be responsible for all material furnished by him and shall replace at his own expense all- such material found defective in manufacture or damaged in handling after delivery by the manufacturer. This shall include the furnishing of all material and labor required for the replacement of installed material discovered defective prior to the final acceptance of the work. B. STORAGE OF MATERIALS The Contractor, shall be responsible for furnished by or to him and accepted by him, it has been incorporated in the completed stored in a secured storage area and manufacturer's recommendations. The storac the Contractor and all expenses related Contractor. C. HANDLING OF MATERIALS the safe storage of material and intended for the work, until project. All materials shall be in strict conformance to the ie area shall be arranged for by thereto shall be paid by the All materials furnished by the Contractor shall be delivered and distributed at the site by the Contractor. No material shall be distributed along the job site more than 30 days in advance of its intended use. Pipe and accessories shall be loaded and unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. Care of Pipe Coating and Lining. Pipe shall be so handled that the coating and lining will not be damaged. However, if any part of the coating or lining is damaged, the repair shall be made by the Contractor at his expense. D. PAYMENT Payment shall be made to the Contractor, without retainage, for the invoiced value of material properly stored but not incorporated into the work. To be considered for payment, invoices must be delivered to the Engineer by the end of the last work day of the partial payment period. 160-1 I I I I I TECHNICAL SPECIFICATIONS CRUSHED STONE BASE - SB-2 A. GENERAL Section 300 Crushed Stone Base SB-2 The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, testing and incidentals necessary for completion of crushed stone base (SB-2) in areas which are presently paved or which are to be paved, all as shown on the Plans and as hereinafter specified. ' B. MATERIALS ' The Contractor as specified Construction," Commission. AND EXECUTION shall furnish materials and construct crushed stone base SB-2 by Section 306 of "Standard Specifications for Highway Edition of 1978, published by the Arkansas State Highway These specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway and Transportation Department, Little Rock, Arkansas. Crushed stone base SB-2 shall be compacted to 95 percent of modified Proctor density (ASTM D1557-78). IC. TESTING All testing, gradation, plasticity, modified Proctor standards, and in -place densities of crushed stone base SB-2 shall be performed by a qualified laboratory. All costs associated with the required testing shall be borne by the Contractor. I. Each paved crossing requiring 12 inch depth crushed stone base will require a minimum of one test report showing density at 95 percent modified Proctor density or greater. I I. I I 300-1 I Section 310 Pipe Bedding Material 1 TECHNICAL SPECIFICATIONS PIPE BEDDING MATERIAL A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, testing and incidentals necessary for completion of pipe bedding material as shown on the Plans and as hereinafter specified. ' B. MATERIALS 1. Ductile Iron Pipe. Ductile iron water pipe bedding material shall be select excavated material, free from cinders, ashes, refuse, vegetable ' or organic material, boulders, rocks or stones, frozen soil or other unsuitable material. Ductile iron water pipe bedding material in areas of extremely wet trench or solid rock shall be a minimum of 4 inches of I. crushed limestone (SB-2). The SB-2 shall be as specified in Section 305 of the Arkansas State Highway Department Standard Specifications, latest edition. Note: There is not a separate pay item•for pipe bedding material. 2. Polyvinyl Chloride Pipe. Polyvinyl chloride water pipe bedding material shall be crushed limestone (SB-2) as specified in Section 305 of the Arkansas State Highway Department Standard Specifications or grit material as produced by McClinton -Anchor Company of Fayetteville, Arkansas. Note: There is not a separate pay item for pipe bedding material. C. EXECUTION Pipe bedding shall be constructed to the dimensions detailed on the Plans for all pipe types by placing in lifts of not more than 4 inches and compacting by spading, slicing and tamping with mechanical tamping equipment. Material shall be carefully placed under the pipe haunches. D. TESTING The Contractor shall, prior to delivery, furnish the suppliers' certificates that all SB-2 pipe bedding material furnished meets the requirements of these Specifications. I 310-1 II Section 400 Clearing ROW TECHNICAL SPECIFICATIONS CLEARING RIGHTS OF WAY, CUTTING AND REBUILDING/REPAIRING FENCES A. GENERAL 1 The Owner has acquired construction easements, permanent easements, and/or fee simple title and permits to lands to be utilized for construction of this project. Insofar as possible and unless prior permission is obtained from the property owner, the Contractor shall confine his activities to the rights of way obtained and to properties owned by the City of Fayetteville, Arkansas. B. CLEARING RIGHTS OF WAY Parts of construction are indicated on the Plans as being through lawns, gardens, brush, timbered areas and pasture land. There is no separate pay item for the clearing of rights of way or for the disposing of brush, timber or other debris resulting from the clearing operation. Nor is there a separate pay item for cutting and repairing/rebuilding fences. - 1. Brush, Timbered Areas and. Pasture Land. Where construction is indicated on the Plans as being through brush, timbered areas and pasture land, the Engineer will stake the centerline of the proposed water line. The Contractor shall clear the rights of way of brush and other debris and do such right of way construction as is necessary to provide an adequate working area. In clearing right of way, the Contractor shall remove only those trees necessary for the construction of improvements. Where water lines are to be constructed in close proximity to shade trees or other trees of ' significant value, the Contractor will be expected to work near the trees without removing or damaging them. The Contractor shall construct a free standing protective wooden pen, 8 feet tall, around all trees in close proximity to the work which are not to be removed. Protective pens shall be maintained around trees until final cleanup and seeding or sodding have been completed. All brush, timber and other debris required to be removed from the work area shall be hauled from the site and disposed of at the option of the Contractor. ' A portion of the work is across private property in which livestock is at large. It is the responsibility of the Contractor to see that the livestock is kept in the original pastures. It has been found that wilted wild cherry leaves are poisonous to livestock. Consequently, wherever wild cherry is removed or damaged, the branches shall be removed immediately from the site of the work, and shall be disposed of 1 so that it will be impossible for the livestock to have access to them. 400-1 1' Section 400 , Clearing ROW 2. Lawns, Gardens, and Other Well -Kept Areas. Where construction is shown on the Plans as being through lawns, gardens, or other well -kept areas, the Engineer shall stake the general location of the rights of way, and shall provide line and grade stakes. The Contractor shall then perform necessary cleaning of debris from the rights of way. All shrubbery small trees (less than 4 inches in diameter), and other items oii landscape shall either be protected with wooden pens as specified elsewhere in these Specifications or shall be replaced at the Contractor's expense. All limbs and other debris requiring removal shall be hauled from the site and disposed of at the option of the Contractor. 3. Power Lines. Where the Plans show a portion of the line to be laid ' adjacent to or under power lines, it shall be the responsibility of the Contractor to make any arrangements with the power company for "tying , off" poles and to pay all costs incurred related thereto. The Contractor is advised of the extreme hazard to personnel from equipment contact or near contact with conductors of the transmission line. It is the responsibility of the Contractor to take whatever steps are necessary to provide for the safety of the workmen and equipment when working in the vicinity of these power lines. It is strongly recommended that at all times a minimum 15 foot vertical clearance be maintained between any equipment and transmission conductors. 4. Miscellaneous. Several signs, mailboxes, posts, fences, right of way ' markers, property markers, and other obstructions are to be removed and replaced along the right of way. These shall be removed and protected. After construction is complete, they shall be repaired or replaced. I 5. Fences - Cutting and Repairing. Fences are to be crossed during the course of construction. Prior to clearing the right of way, the Contractor shall tie off the existing fence as necessary on each side of the right of way so that when the fence is cut, the tension on the fence is not reduced. He shall then construct temporary gates and fences so as to maintain livestock in the original pasture during construction. Prior to cutting, if. needed, the Contractor will witness the fence locations to points outside the right of way. Any stakes or other identification so used shall be protected by the Contractor. , After all construction, including cleanup, is complete, new fences shall be constructed using new materials, i.e., posts, wire and other fencing materials which are equal or better than original fencing materials. The new fencing materials used in rebuilding fences shall be of the same type of existing fences. Where removal, replacement or repair of chain link, ornamental iron, ' wood, rock or masonry fence is required, the Contractor shall retain a qualified specialty contractor to perform the work. Where property markers or public right of way markers have been disturbed or removed in the course of construction, the Contractor shall 400-2 1 / I Section 400 Clearing ROW 1 retain professional personnel satisfactory to the Engineer and any permitting agencies ,involved to restorethe markers. ' The Contractor is responsible for taking steps necessary to assure the safety of livestock in the vicinity of the construction area.. 1 1 I. 1 • I. 1 1 • 1 1 L, 1 1 400-3 Li I I I I I I I Li 1. Lawns, Gardens, Mowed or Cultivated Areas, and Other Well -Kept Areas. In these areas, the Contractor shall excavate the top 6 inches of topsoil from the ditch line and store such along the ditch line so that it does not become mixed with the remaining excavation._ The width of surface removal shall be no more than that necessary to construct the work, i.e., water lines and appurtenances. I. 2. Wooded and Rocky Areas. In densely wooded or rocky areas, the Contractor is not required to separate and store the top 6 inches of topsoil along the ditch line. I 3. Drivins Surfaces. Excavation within the limits of any driving surface, including paved and gravel streets or roads, driveways or parking areas shall be in accordance with the following specifications. The Contractor shall remove pavement and road surface as a part of the trench excavation, and the amount removed shall depend upon the width of ' trench specified for the installation of pipe, and the width and length of pavement area required to be removed for the installation of pipe, fittings; manholes, and other appurtenances. The Contractor shall use such methods, either drilling, chipping or sawing as will assure the breaking of the pavement along straight lines. TECHNICAL SPECIFICATIONS SURFACE REMOVAL A. GENERAL Section 401 Surface Removal The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, and incidentals necessary for removing surfaces within the limits•of lawns, gardens, mowed, cultivated, or other well -kept areas or within the limits of any paved or unpaved driving surface, curb and gutter, or sidewalk necessary for the construction of this project. This specification does not apply to state or interstate highways, or driving surfaces within railroad rights of way unless otherwise directed by the Engineer. B. ALLOWABLE REMOVAL In all areas where facilities are to be constructed and/or repaired, the surface shall be removed prior to excavating the trench. There is no pay item for surface removal and surface removal shall be considered part of trench excavation. The allowable limits of removal are dependent upon. the type of area, in or through which construction occurs and are set out below. No payment for surface repair, will be made outside the width of allowable removal. 401-1 Section 401 , Surface Removal The face of the remaining pavement shall be approximately vertical. Driving surface pavement and road surfaces shall be removed to the dimensions set out below depending upon the type of driving surface to be removed. a. Asphaltic Pavement Removal. Asphaltic pavements shall be removed in accordance with the dimensions set out below. (1) Removal of Pavement Around Existing Valve Boxes and Manhole Rings and Lids. A square cut shall be made in the pavement within an area extending 18 inches each side of the valve box or manhole ring. The pavement and underlying base and/or subgrade material shall then be removed to the depth necessary to expose the ring and lid. This material shall be hauled from the site and disposed of at the option of the Contractor. (2) Removal of Pavement Around Valves and Manholes. Where an ' existing valve or manhole is to be removed and/or a new valve or manhole is to be constructed, a square cut shall be made in the pavement within an area extending 18 inches each side of the outside of the valve or manhole wall. The pavement and underlying material shall be removed to the depth necessary for the valve or manhole removal and/or construction. (3) Removal of Pavement for Sewer Line and Water Line Construction. The width of asphaltic pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be the standard trench width as defined on the detail sheet of the Plans plus 18 inches each side of the standard trench. I The length of the asphaltic pavement to be removed for the installation of pipe, fittings, or other appurtenances shall , be the linear dimension of such structure plus 6 inches. b. Concrete Pavement Removal. Concrete pavements shall be removed in accordance with the dimensions set out below. I (1) Removal of Pavement Around Existing Valve Boxes and Manhole Rings and Lids. A square cut shall be made in the concrete pavement within an area extending 12 inches each side of the valve box or manhole ring. The pavement and underlying base and/or subgrade material shall be removed to the depth necessary to expose the ring and lid. The material shall be hauled from the site and disposed of at the option of the Contractor. (2) Removal of Pavement Around Valves and Manholes. Where an , existing valve or manhole is to be removed and/or a new valve or manhole is to be constructed, a square cut shall be made in the concrete pavement within an area extending 12 inches each side of the outside of the valve or manhole wall. The pavement and underlying material shall be removed to the depth 401-2 , Section 401 Surface Removal necessary. for the valve.,: or manhole removal and/or ' construction. F' (3) Removal of Pavement for Interceptor and Force Main Sewer Line Construction. The width of concrete pavement removed along i the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be the normal trench width as defined on the detail sheet of the Plans plus 12 inches on each side of the trench. The length of the concrete pavement to be removed for the installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structure plus 6 inches. c. Unpaved Driving Surfaces. The width and length of unpaved driving ' surface removal shall be the same as that set out for asphaltic pavement removal set out in paragraph 3.a above. 4. Sidewalk and Curb and Gutter Removal. Sidewalk and curb and gutter 1 shall only be removed as shown on the Plans or at the direction of the Engineer. The width of concrete removed when so directed shall be the standard trench width as shown on the plans plus a minimum of 18 inches ' each side of the trench to an existing joint. 5. Additional Surface Removal. Wherever, in the opinion of the Engineer, existing conditions make it necessary or advisable to remove additional surfaces, the Contractor shall remove it as directed by the Engineer. No extra compensation will be allowed for the extra surface removal. However, additional payment will be made at the unit price bid for the appropriate surface repair/replacement item as set out under the Methods of Measurement and Payment Section of these Specifications. However, if the Contractor removes or damages pavements beyond the limits specified above without approval of the Engineer, such surfaces shall be replaced or repaired at the expense of the Contractor. 1 1 I. I. 1 1 401-3 Section 406 Water Line Pipe - General TECHNICAL SPECIFICATIONS WATER LINE PIPE - GENERAL A. GENERAL ' The water line pipe materials furnished and installed on this project shall be as follows: Size Materials I.D. - Inches _ Pipe Type Specification ' 6" and larger Ductile Iron AWWA C151 I. 8" and 12" Polyvinyl Chloride AWWA C900 The pipe shall be manufactured, furnished, installed, flushed, tested and disinfected in accordance with the following sections of these ' Specifications: Specification Pipe Type Section Number ' Ductile Iron 411 ' Polyvinyl Chloride (PVC) 412 Water mains shall be laid at least 10 feet horizontally from any existing or proposed sewer or force main. The distance shall be measured edge to edge. ' In cases where it is not possible to maintain a 10 foot separation, the water main shall be laid in a separate trench at such an elevation that the bottom of the water main is at least 18 inches above the top of the sewer. ' Water mains crossing sewers shall be laid to provide a minimum vertical distance of 18 inches between the outside of the water main and the outside of the sewer. This shall be the case where the water main is either above or below the sewer. At crossings, one full length of water pipe shall be located so both joints will be as far from the sewer as possible. I I 1 406-1 I I I L I I I I I I I I I I I I I I TECHNICAL SPECIFICATIONS DUCTILE IRON PIPE AND FITTINGS FOR WATER LINES GENERAL Section 411 DI Pipe The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the construction of ductile iron pipe water lines. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. MATERIALS Ductile Iron Pipe and Ductile Iron Pipe Fittings. With Push -On or Mechanical Type Joints. Unless otherwise shown on the Plans or specified, all pipe and pipe fittings furnished on this project shall be ductile iron, with either push -on or mechanical type joints. Flanged pipe or- pipe fittings shall be used only as indicated on the Plans, and shall be as specified elsewhere in these Specifications. Ductile Iron Pipe. All ductile iron pipe furnished with either push -on or mechanical type joints shall conform to the requirements of "Ductile Iron Pipe, Centrifugally Cast in Metal Molds or Sand -Lined Molds, for Water or Other Liquids, " AWWA Standard C151, latest revision, and shall be thickness Class 50 for 12 inch diameter and larger pipe, and Class 51 for pipe smaller than 12 inches in diameter, unless otherwise shown on the Plans. Ductile Iron Pipe Fittings (3 Inch Throuqh 16 Inch). All fittings 3 inches through 16 inches shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C153/A21.53, latest revision, for "Ductile Iron- Compact Fittinos, 3 Inch Through 16 Inch, for Water and Other Liquids," All fittings shall have a minimum pressure rating of 350 pounds per square inch and shall be light weight (compact) fittings, unless otherwise shown on the Plans. ° c. Ductile Iron Pipe Joints. All ductile iron pipe and ductile iron pipe fittings with mechanical or push -on type joints shall have rubber gasket joints in conformance with "Rubber Gasket Joints for Ductile Iron and Gray -Iron Pressure Pipe and Fittings," ANSI/AWWA C111/A21.11, latest revision. d. Restrained Joints. Where shown on the Plans, restrained joint pipe and fittings shall be ductile iron pipe manufactured in accord with applicable sections of ANSI/AWWA C151/A21.51 and ANSI/AWWA C110/A21.10. All restrained joint pipe shall be "TR Flex," as manufactured by U. S. Pipe, or equal. e. Swivel Fittings and Fire Hydrant Tee. Fire hydrant shall be set L 411-1 Section 411 ' DI Pipe using MJ, MJ, swivel joint tee having retainer lip and swivel rotatable gland for positive restraint without tie rods. Restraint joints shall be used where testing will be done against closed valves, and at other locations at the Contractor's option. 2. Ductile Iron Pipe and Ductile Iron Pipe Fittings with Flanged Type Joints. Where shown on the Plans, the Contractor shall furnish and install flanged ductile iron pipe and flanged ductile iron fittings in accordance with the following Specifications. a. Ductile Iron Pipe. All flanged pipe furnished on this project shall be ductile iron pipe in conformance with the requirements for "Flanged Cast Iron and Ductile Iron Pipe with Threaded flanges," AWWA C115, latest revision, and to the applicable requirements of AWWA C151, latest revision. The pipe shall have a minimum rated pressure of 250 pounds per square inch. All flanged ductile iron pipe shall be thickness Class 53. b. Ductile Iron Pipe Fittings. All flanged fittings shall be ductile t iron fittings in conformance with the requirements of ANSI/AWWA C11O/A21.10, latest revision, and Appendix B of said standard. All fittings shall have facing and drilling which match AWWA C115 threaded -on flanges and shall have a minimum pressure rating of 250 pounds per square inch. c. Bolts and Gaskets for Flanged Pipe and Pipe Fittings. Bolts and gaskets shall meet the requirements of AWWA C115 and C110, latest revisions. Gaskets shall be rubber, 1/8 inch thick, full face. 3. Pipe Bosses. Bosses shall be provided on pipe as shown on the Plans. The bosses shall be foundry fabricated and be faced and tapped with AWWA C110 flange connections. 4. Cement Mortar Lining. All ductile iron pipe and ductile iron pipe fittings shall have a standard thickness cement mortar lining in conformance to ANSI/AWWA C104/A21.4. 5. Outside Coating. All ductile iron pipe shall have either a bituminous exterior coating, or shall be delivered to the site factory cleaned and primed as set out below. , a. Factory Primed Pipe. Unless otherwise shown on the Plans, all exposed pipe and fittings within the limits of structure walls or all pipe exposed above ground shall be delivered to the job site factory blasted, cleaned and primed with one coat of Koppers Pug Primer, or approved equal. , b. Bituminous Coating. All pipe and fittings indicated for buried service shall have a bituminous coating approximately 1 mil thick. The coating shall be factory applied to the outside of all pipe and fittings. The finished coating shall be continuous, smooth, neither brittle when exposed to the cold nor sticky when exposed to the sun, and shall be strongly adherent to the pipe or fitting. 411-2 , Section 411 DI Pipe 6. Ductile Iron Pipe Joi_n.t Lubricant. Joint.lubricant shall be provided by the pipe manufacturer, and applied` as per the manufacturer's 'recommendations. 7. Tapping Valves. Tapping valves shall be similar in construction to standard AWWA gate valves and shall have mechanical joint outlets for ductile iron pipe. ' 8: Tapping Sleeves. Tapping sleeves shall be mechanical joint for ductile iron pipe similar or equal to Mueller H-615. Tapping sleeve shall, with the use of suitable gaskets, be good for AWWA Class "C" or "D" pipe, and with Class "B" •pipe in the 4 inch and 6 inch sizes. 9. Pipe Bedding Material. Material used for bedding ductile iron pipe shall be select material from the excavated trench. The material shall ' be free of rock larger than 2 inches and other debris. 10. Crushed Stone Trench Backfill. Crushed limestone trench backfill shall be crushed stone base (SB-2) as specified elsewhere in these Specifications. 11. Concrete. Concrete used for reaction backing, pipe cover, or pipe encasement shall be in conformance with Section 503 of these Specifications. ' 12. Affidavits of Compliance and Independent Laboratory Inspection. All ductile iron pipe and ductile iron pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The manufacturer shall furnish to the Engineer, prior to delivery, ' certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. If evidence appears that all provisions of the applicable ASTM/AWWA Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by.an approved independent laboratory. The cost for the testing and sampling or job delay willbe the responsibility of the pipe '• supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, the Owner will not be responsible for job • delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. • C. DUCTILE IRON PIPE WATER LINE CONSTRUCTION 1. General. The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required ' under this contract and unload, haul and distribute all pipe, castings, fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ' 411-3 Section 411 ' DI Pipe ground or structures where necessary; handle all drainage or ground water; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, valves, hydrants and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches as specified. 2. Alignment and Grade. The water main shall be laid and maintained to the required lines and grades with fittings, valves and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. 3. Installing Ductile Iron Pipe. Ductile iron pipe and ductile iron pipe fittings shall be installed in conformance with the recommendations of AWWA C600, latest revision, for "Installation of Ductile Iron Water Mains and Their Appurtenances," and in conformance with the Specifications hereinafter set out. Requirements Preparatory to Trench Excavation. In all areas where water lines, valves, or other appurtenances are to be constructed, the existing surface shall be removed prior to excavating the trench. There is no pay item for these requirements and shall be considered part of the trench excavation. These requirements are dependent upon the type of area in which water line construction occurs and are set out elsewhere in these Specifications. Trench Excavation. The construction of this project is through an area underlain with broken chert and/or solid chert, sandstone or limestone. Rock excavation may be required in some instances. All excavation of any nature shall be unclassified and payment for same shall be included in the unit price bid for furnishing and laying of the various sizes of pipe in place. The trench shall be excavated so that the pipe can be laid to the ' alignment and depth required, and it shall be excavated only so far in advance of pipe laying as set out elsewhere in these Specifications. The trench shall be so braced and drained that the workmen may work therein safely and efficiently. It is essential that the discharge of any trench dewatering pumps be conducted to natural drainage channels, drains or storm sewers. The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures, both known and unknown, may be determined, and he shall be held responsible for the repair of such structures when broken or otherwise damaged because of carelessness on his part. a. Trench Depth. The trench shall be excavated to at least 4 inches 1 below the grade required to provide a minimum of 36 inches of pipe cover. This pipe cover shall be measured and is defined as , follows. 1) Land Level Normal to the Direction of the Pipeline. A minimum 411-4 , Section 411 DI Pipe of 36 inches of cover shall be provided. This cover shall be measured from the top of the barrel of the pipe to the top of the existing natural ground surface. 2) Cut Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the adjacent low surface of the right of way. 3) Fill Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top, of the pipe barrel to the natural ground surface underlying the fill. ' b. Trench Width. The excavated water line trench shall not exceed the width as shown on the standard detail sheet of the Plans at. any point from the trench bottom to a point 12 inches above the top of the pipe barrel. If the Contractor overexcavates the trench, he shall provide additional pipe bedding gravel or concrete as necessary to prevent crushing of the water pipe due to excessive earth loads. All additional bedding material or concrete required shall be furnished at the Contractor's expense. ' c. Trench Length. The Engineer shall have the right to limit the amount of trench excavated in advance of laying the pipe. In general, such excavation shall not exceed 300 feet, and trench 'excavated to grade shall not exceed 100 feet. Every trench in rock shall be fully opened at least 50 feet in ' advance of the place where pipe is being laid or from where cast -in -place concrete operations are in progress. 6. Ductile Iron Pipe Bedding. The ductile iron pipe shall be bedded in pipe bedding material as specified elsewhere in these Specifications. The pipe shall be bedded from a point 4 inches below the bottom of the pipe barrel up to a point which is one -eighth the outside diameter of ' the pipe above the invert of the pipe by the full width of the excavated ditch. (See detail on Plans.) All overexcavation below the pipe shall be backfilled with pipe bedding material at the Contractor's expense. ' The additional material required will be placed in 8 inch lifts and thoroughly compacted. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so ' as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. All ductile iron pipe shall be bedded in pipe bedding material. as set out in paragraph B.7 above. Note: There is no separate pay item for pipe bedding material. This ' item shall be subsidiary to the ductile iron water pipe. 7. Excavation in Poor Soil and Refilling to Grade. Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove ' 411-5 Section 411 , DI Pipe such unsuitable material to the width and depth ordered by the Engineer. Before the pipe is laid, the subgrade shall be made by backfilling with crushed stone trench backfill (AHTD SB-2) in 8 inch uncompacted layers. The layers shall be hand or machine tamped so as to provide a uniform and continuous bearing and support for the pipe at all points along the pipe length. Extra payment will be made for crushed stone trench backfill required in accordance with the Methods of Measurement and Payment section of these Specifications. However, no additional compensation will be made to the Contractor for the additional excavation. 8. Bracing and Shoring. The sides of any excavation, when deemed necessary, shall be properly supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation is close enough to buildings or other foundations as to endanger their stability by the removing of such bracings, then they shall be made secure and left in place, and the water line trench backfilled and thoroughly tamped with the bracing in place. The Contractor will not be paid for such bracing, sheeting, or ' shoring whether it is withdrawn or left in the trench. 9. Removal of Water and Muck. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with dry loam, sand, or crushed limestone bedding gravel at his own expense. Under no conditions will ductile iron pipe water line be laid in a trench that has not been properly dewatered. 10. Deviations Occasioned by Other Structures. Whenever obstructions not shown on the Plans are encountered during the progress of the work and interfere to such an extent that an alteration in the plan is required, the Engineer shall have the authority to change the Plans and order a deviation from the line and grade or arrange with the owners of the structures for the removal, relocation or reconstruction of the obstruction. 11. Concrete Reaction Backing. All ductile iron pipe fittings shall have concrete reaction backing. Backing shall be placed between solid ground and the fitting to be anchored. The area of bearing on the pipe shall be that shown on the detail sheet of the Plans or as directed by the Engineer. The backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. All fittings shall be wrapped with Visqueen prior to the placement of reaction backing. There is no pay item for concrete for reaction backing. This item shall be considered subsidiary to other items of the Bid. 12. Concrete Pipe Cover. Where shown on the Plans or otherwise directed by the Engineer, concrete cover shall be placed over the top of the water line to the dimensions shown on the Plans. Where in the opinion of the Engineer additional concrete cover is required, it shall be provided and installed by the Contractor. 411-6 ' Section 411 DI Pipe 13.Concrete Encasement., Where shown on the Plans or otherwise directed by the Engineer, the water line shall be encased in concrete to the dimensions shown on the Plans. Where in the opinion of the Engineer additional encasement is required, it shall be provided and installed by the Contractor. Pipe joints shall not be encased for a, distance of 2 feet either side of the joint. 14. Pipe Protection Cover and Backfill. Pipe protection cover and backfill shall be placed in accordance with Section 461 of these Specifications. 15. Flushing, Disinfecting and Testing of Ductile Iron Pipe Water Lines. Newly laid water lines shall be flushed, disinfected and tested in accordance with Section 462 of these Specifications. 16. Testing of Ductile Iron Pipe Water Lines. Newly laid water lines shall be hydrostatically tested in accordance with Section 462 of these Specifications. 17. Cleanup and Seeding. Cleanup and seeding shall be in accordance with Section 487 of these Specifications. 18. Replacement and Repair of Driving Surfaces. Replacement and repair of ' driving surfaces are specified in Section 487 of these Specifications, as applicable. 19. Restraints. All gate and butterfly valves shall be secured to tees or ' crosses by use of a swivel joint tee, lock hydrant adapter or stainless steel rods. I I Li I C I C I 1 411-7 Section 412 PVC Water Line TECHNICAL SPECIFICATIONS POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS FOR WATER LINES A. GENERAL The work to be included under this section of the Specifications shall ' consist of providing all labor, equipment, tools, supplies and incidentals necessary for the construction of polyvinyl chloride (PVC) pipe water lines. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Polyvinyl Chloride (PVC) Water Pipe. a. Diameters of 2 Inch, 3 Inch and 4 Inch. PVC water pipe in these I. sizes shall conform to the requirements of ASTM D-2241, latest revision. The plastic material used in making the pipe shall be clean, virgin, Cell Classification 12454B PVC compound conforming ' to ASTM Resin Specification D-1784, latest revision. Clean, reworked material generated from the manufacturer's own production, shall be acceptable as long as the pipe produced meets all the requirements of the Specifications. The pipe shall be pressure rated at 200 psi, with standard dimension ratio (SDR) 21. Net laying lengths shall be 20 feet ±1 inch. b. Diameters Larger than 4 Inch. PVC water pipe in these sizes shall ' conform to the requirements of AWWA C900, latest edition. The pipe shall be Class 200 with standard dimension ratio (SDR) 14. Net laying lengths shall be 20 feet ±1 inch. 2. Joints for PVC Pipe. a. Diameters of 2 Inch, 3 Inch and 4 Inch. All joints for 2 inch, 3 inch and 4 inch diameter PVC pipe shall comply with ASTM Specification D-3139, "Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals." Joint bells shall be formed ' integrally with the pipe and shall have a raceway or groove which is specially formed to accept and retain the gasket. Pipe spigots shall be beveled and shall have insertion stop marks. Qualification tests of the joint design shall result in no leakage ' under various laboratory test conditions of joint alignment and pressure at 2-1/2 times rated pressure and at 22 inches (560 mm) Hg vacuum. b. Diameters Larger than 4 Inch. All joints for PVC pipe having diameters larger than 4 inches shall conform to the requirements of AWWA C900, latest edition. I. ' 412-1 Section 412 1 PVC Water Line 3. Fittings for PVC Pipe. a. Diameters of 2 Inch and 3 Inch. All fittings for 2 inch and 3 inch diameter PVC pipe shall comply with ASTM Specification D-3139, "Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals" Joint bells shall be formed integrally with the pipe and shall have a raceway or groove which is specially formed to accept and retain the gasket. Pipe spigots shall be beveled and shall have insertion stop marks. Qualification tests of the joint design shall result in no leakage under various laboratory test conditions of joint alignment and pressure at 2-1/2 times rated pressure and at 22 inches (560 mn) Hg vacuum. b. Diameters Larger than 3 Inch. All fittings for PVC pipe having , diameters larger than 3 inches shall be mechanical joint ductile iron complying with Section 411 of these Specifications. The Contractor shall furnish any transitions, gaskets, or other devices required to adapt mechanical joint ductile iron fittings to PVC water pipe as a part of the item bid for "ductile iron fittings." No pay item for such devices is included in this contract, but shall be considered subsidiary to the bid item of ductile iron fittings. 4. Gaskets for PVC Joints and Fittings. Gaskets shall be molded or extruded from a high grade, properly vulcanized, elastomeric compound consisting of either a basic natural or synthetic rubber. Gaskets shall be marked to show IPS for pressure rated pipe, nominal pipe size, manufacturer's identification, and year of manufacture. Gaskets shall be color striped on the side of the gasket that faces the open bell to facilitate proper installation. Gaskets shall comply with the requirements of ASTM Specification F-477, "Elastomeric Seals (Gaskets) for Joining Plastic Pipes." 5. Lubricant for PVC Joints and Fittings'. Lubricant shall be suitable for water piping use at temperatures from 5° to 120° F. (-15° to 50° C.). It shall have no deteriorating effect on the gasket or pipe material. It shall be non-toxic and not support the growth of bacteria. It shall be water soluble and shall not impart taste or odor to water in the water line which has been properly flushed. Containers shall be labeled with the manufacturer's name and identified as PVC pipe joint lubricant. Each lubricant container shall have printed instructions for usage and joint assembly. 6. Polyvinyl Chloride Pipe Bedding Material. Bedding material for PVC pipe shall conform with the requirements for "Pipe Bedding Material" as specified elsewhere in these Specifications. Note: There is no special pay item for PVC pipe bedding material. This item shall be considered subsidiary to the PVC pipe. 7. Crushed Stone Trench Backfill. Crushed stone trench backfill (where required) shall be Class SB-2, as specified elsewhere in these Specifications. Note: This item shall be paid for at the unit price bid in the proposal,— and as set out in the Methods of Measurement and Payment. 1 412-2 I Section 412 PVC Water Line 8. Concrete. Concrete encasement or cover '(where required) shall be as • ' specified elsewhere in these Specifications.' _ 9. Special Pipe Cover. Special pipe cover (where required) shall be as set out for. bedding gravel as hereinbefore specified. Note: There is no special pay item for special pipe cover. 10. Independent Laboratory Inspection. PVC pipe and PVC pipe fittings ' furnished and installed on this project shall be inspected and tested by the manufacturer. The Contractor shall furnish to the Engineer, prior to delivery, manufacturers', certificates stating that all pipe will manufactured in compliance with these Specifications. The certificate I. shall also fully describe the pipe proposed to be furnished. If evidence appears that all, provisions of the applicable ASTM Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the 1 testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the ' Specifications. However, the Owner will not be responsible for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. I 11. Trace Wire. Trace wire shall be 14 gauge coated copper for underground burial and shall be taped to the top of the pipe at 12 foot intervals. C. POLYVINYL CHLORIDE PIPE WATER LINE CONSTRUCTION 1. General. The Contractor shall, unless otherwise specified, furnish all ' material, equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or ground water; provide barricades, guards and warning lights; lay and test the I. pipe, castings, fittings, valves, hydrants and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches ' as specified. 2. Alignment and Grade. The water main shall be laid and maintained to the required lines and grades with fittings, valves and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. • 3. Installing Polyvinyl Chloride Pipe. Pipe fittings shall be installed in conformance with the recommendations of ASTM D-2774, "Underground Installation of Thermoplastic Pressure Piping," and in conformance with the Specifications hereinafter set out. 1 I. 412-3 Section 412 ' PVC Water Line 4. Requirements Preparatory to Trench Excavation. In all areas where water lines, valves, or other appurtenances are to be constructed, the existing surface shall be removed prior to excavating the trench. There is no pay item for these requirements and shall be considered part of the trench excavation. These requirements are dependent upon the type of area in which water line construction occurs and are specified elsewhere in these Specifications. 5. Trench Excavation. The construction of this project is through an area , of widely varying soil types and depths. Rock excavation may be required in some instances. All excavation of any nature shall be unclassified and payment for same shall be included in the unit price bid for furnishing and laying of the various sizes of pipe in place. ' The trench shall be excavated so that the pipe can be laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as set out below in these Specifications. The trench shall be so braced and drained that the workmen may work therein safely and efficiently. It is essential that the discharge of any trench dewatering pumps be conducted to natural drainage channels, drains or storm sewers. The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures, both known and unknown, may be determined, and he shall be held responsible for the repair of such structures when broken or ' otherwise damaged because of carelessness on his part. a. Trench Depth. The trench shall be excavated to at least 4 inches below the grade required to provide a minimum of 36 inches of pipe cover. This pipe cover shall be measured and is defined as follows. 1) Land Level Normal to the Direction of the Pipeline. A minimum of 36 inches of cover shall be provided. This cover shall be measured from the top of the barrel of the pipe to the top of the existing natural ground surface. ' 2) Cut Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the adjacent low surface of the right of way. 3) Fill Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the natural ground surface underlying the fill. b. Trench Width. The excavated water line trench shall not exceed the , width as shown on the standard detail sheet of the Plans at any point from the trench bottom to a point 12 inches above the top of the pipe barrel. If the Contractor overexcavates the trench, he shall provide 412-4 Section 412 PVC Water Line additional pipe.:bedding gravel or concrete as necessary to prevent crushing of the water pipe due to excessive earth loads. All additional bedding material or concrete required shall be furnished at the Contractor's expense. ' c. Trench Length. The Engineer shall have the right to limit the amount of trench excavated in advance of laying the pipe. In general, such excavation shall- not exceed 300 feet, and trench excavated to grade shall not exceed 100 feet or that length in which installation may reasonably be completed during the workday. Every trench in rock shall be fully opened at least 50 feet in I. advance of the place where pipe is being laid or from where cast -in -place concrete operations are in progress. 6. Polyvinyl Chloride Pipe Bedding.. After the trench has been excavated as set out above, the PVC pipe shall have a bed prepared according to the type of area through which construction is proceeding. ' All PVC pipe shall be bedded in pipe bedding material. The pipe shall be bedded from a point a minimum of 4 inches below the bottom of the pipe barrel to a minimum of 8 inches above the top of the pipe barrel by ' the full width of the excavated ditch. All overexcavation below the pipe shall be backfilled with pipe bedding material at the Contractor's expense. The additional material required will be placed in 8 inch ' lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. Note: Pipe bedding shall be subsidiary to the PVC pipe. ' 7. Excavation in Poor Soil and Refilling to Grade. Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before the pipe is laid, the subgrade shall be made by backfilling with crushed stone trench backfill in 8 inch uncompacted layers. The layers shall be hand or machine tamped as directed by the Engineer so as to provide a uniform and continuous bearing and support for the pipe at all points along the pipe length. Extra payment will be made for the additional crushed stone trench backfill required in accordance with the Methods of Measurement and Payment section of these Specifications. However, no additional compensation will be made to the Contractor for the additional excavation. 8.Bracing and Shoring. The sides of any excavation, when deemed ' necessary, shall be properly supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation is close enough to buildings or other foundations as to endanger their stability by the removing of such 1 412-5 Section 412 PVC Water Line bracings, then they shall be made secure and left in place, and the water line trench backfilled and thoroughly tamped with the bracing in place. The Contractor will not be paid for such bracing, sheeting, or shoring whether it is withdrawn or left in the trench. 9. Removal of Water and Muck. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with dry loam, sand, or crushed limestone bedding gravel at his own expense. Under no conditions will polyvinyl chloride pipe water line be laid in a trench that has not been properly dewatered. 10. Deviations Occasioned by Other Structures. Whenever obstructions not , shown on the Plans are encountered during the progress of the work and interfere to such an extent that an alteration in the plan is required, the Engineer shall have the authority to change the Plans and order a deviation from the line and grade or arrange with the owners of the structures for the removal, relocation or reconstruction of the obstruction. ' 11. Concrete Reaction Backing. All PVC pipe fittings shall have concrete reaction backing. Backing shall be placed between solid ground and the fitting to be anchored. The area of bearing on the pipe shall be that shown on the detail sheet of the Plans or as directed by the Engineer. The backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. All fittings shall be wrapped with Visqueen prior to the placement of reaction backing. There is no pay item for concrete for reaction backing. This item shall be considered subsidiary to water line installation. I 12. Concrete Pipe Cover. Where shown on the Plans or otherwise directed by the Engineer, concrete cover shall be placed over the top of the water line to the dimensions shown on the Plans. Where in the opinion of the Engineer additional concrete cover is required, it shall be provided and installed by the Contractor. 13. Concrete Encasement. Where shown on the Plans or otherwise directed by I the Engineer, the water line shall be encased in concrete to the dimensions shown on the Plans. Where in the opinion of the Engineer additional encasement is required, it shall be provided and installed by the Contractor. Pipe joints shall not be encased for a distance of 2 feet either side of the joint. 14. Pipe Protection Cover and Backfili. Pipe protection cover and backfill shall be placed as specified elsewhere in these Specifications and as shown on the Detail Sheet of the Plans. 15. Flushing, Disinfecting and Testing of Polyvinyl Chloride Water Lines. Newly laid water lines shall be flushed, disinfected and tested as specified elsewhere in these Specifications. 412-6 I. Section 412 PVC Water Line 16. �Cleanup. Cleanup .shall be as specified elsewhere in these Specifications. 17. Replacement and Repair of Driving Surfaces. Replacement and repair of driving surfaces shall be made as specified elsewhere in these ' Specifications. I I. i 1 1 412-7 I I U Section 413 Polyethylene Encasement TECHNICAL SPECIFICATIONS POLYETHYLENE ENCASEMENT FOR DUCTILE IRON PIPE, FITTINGS AND APPURTENANCES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for polyethylene encasement of pipe, fittings, valves and other appurtenances as shown on the Plans and hereinafter specified. 1 B. MATERIALS Polyethylene shall be in conformance to ANSI/AWWA C105, latest revision. The polyethylene film shall have a minimum nominal thickness of .008 inch (8 mils), and shall be provided in either flat tube or sheet form, at the option of the Contractor. 1 C. LOCATION ' The polyethylene encasement shall be provided and installed on all ductile iron pipe. ' D. EXECUTION Polyethylene encasement shall be installed in accordance. with ANSI/AWWA C105, latest revision, for either Method A, B or C installation. The encasement shall be protected from prolonged exposure to sunlight to prevent deterioration of the polyethylene film. I 1 1 I 1 413-1 Section 450 Gate & BF Valves TECHNICAL SPECIFICATIONS GATE VALVES AND BUTTERFLY VALVES A. GENERAL The workto be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the installation of gate valves and butterfly valves. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter 1 specified. B. MATERIALS Valves specified in this section are intended for buried use on water distribution lines, for use as auxiliary valves for fire hydrants, and for use within structure walls. Unless otherwise shown on the Plans, all valves 12 inches (nominal diameter) and larger shall be butterfly valves. All valves smaller than 12 inches (nominal diameter) shall be gate valves. 1. Catalog Data and Assembly Drawings. For all gate valves, butterfly valves and valve boxes hereinafter specified, the manufacturer shall furnish to the Engineer prior to delivery, catalog data, including illustrations and a parts schedule giving the material of which parts are made, in sufficient detail to serve as a guide in the assembly and disassembly of the valve as well as in ordering repair parts. The manufacturer shall also submit three sets of certified drawings for review by the Engineer, showing the principal dimensions, construction details, and materials used for all r parts of the valve. All valves shall be furnished in accordance with the certified drawings after they have been reviewed by the Engineer. C' 2. Gate Valves (0-200 psi Working Pressure). Unless otherwise shown on the plans, all gate valves furnished and installed shall be non -rising stem gate valves, in. conformance with the requirements of AWWA C509, latest revision, for "Resilient Seated Gate Valves, 3 Through 12 NPS, for Water and Sewage Systems." All gate valves shall be Mueller resilient seat gate valves, Catalog No. A 2370-20, or equal, and shall be designed for 200 psi working pressure. a. Stem Seal. All gate valves shall have "0" ring stem seals. The L "0" ring stem seal shall be so designed that the seal above the stem collar can be replaced with the valve under pressure in the full -open position. b. Valve Ends. All gate valves shall have standard mechanical joint ends unless tapping valves, valves with flanged ends, or valves of a special nature are indicated on the Plans. c. Operation. All buried gate valves shall be designed for operation witminal 2 inch square operating nut. The standard direction 450-1 Section 450 Gate & BF Valves of opening shall be open left (counterclockwise) as viewed from the top. Where shown on the Plans or specified, handwheels in confor- mance to AWWA C509 shall be provided. d. Interior Protective Coating. The interior of the valve shall have a protective interior coating in compliance with AWWA C550, latest revision, for "Protective Interior Coatings for Valves and Hydrants." e. Testing. The valve shall be tested in accordance with AWWA C509, latest revision. Affidavit of Compliance. The manufacturer shall furnish to the Engineer prior to delivery, an affidavit stating that the valve and all materials used in its construction conform to the requirements of AWWA C509 and AWWA C550, latest revisions, and that all tests specified therein have been performed and that all test requirements have been met. 3. Gate Valves (250 psi Working Pressure). Where gate valves are to be I installed in areas where the working pressure exceeds 200 pounds per square inch, as shown on the Plans, the valves shall be as manufactured by American, Stockholm, or equal, and shall be designed for a minimum of 250 psi working pressure. Valve ends shall be either mechanical joint or flanged as shown on the Plans. Flanges shall have dimensions and drilling in conformance to ANSI 816.1, Class 250. Valves shall be provided with either handwheels or a standard operating nut, as shown on the Plans. 4. Butterfly Valves. All butterfly valves furnished Class 150E in conformance with the requirements revision, for "Rubber Seated Butterfly Valves." shall be as furnished by Henry Pratt Company gro Butterfly valves as manufactured by the Mueller considered for approval. and installed shall be of AWWA C504, latest All butterfly valves undhog type, or equal. Company will also be Body. The valve body shall be constructed of cast iron ASTM A-126, I Class B. and shall have integrally cast mechanical joint ends unless alternate valve ends are indicated on the Plans. Body thickness shall be in strict accordance with AWWA C504, latest revision, Class 1506. Valve Seats. All butterfly valves shall be of the tight closing, synthetic rubber -seat type, as follows. 1) Valves 20 inches (nominal diameter) and smaller shall have bonded seats which are simultaneously molded in, vulcanized and bonded to the body. Seat bond must withstand 75 pounds pull under test procedure ASTM D429, Method B. 2) On valves 24 inches and larger, all seats shall be of a ' synthetic rubber compound. Seats shall be retained in the valve body by mechanical means without retaining rings, 450-2 Section 450 Gate & BF Valves segments, screws or hardware.of any kind in the flow stream. Seats shall"be a full 3600 without interruption and have a plurality of grooves mating witha spherical disc edge seating surface. Valve seats shall be field adjustable around the full 360° circumference and replaceable without dismantling operator, disc or shaft and without removing the valve from the line. Manufacturer shall certify that rubber seat is field replaceable. c. Valve Discs, Valve discs shall be as follows. 1) Valves 12 inches through 20 inches nominal diameter: Valve discs shall be constructed of alloy cast iron ASTM A-436, Type 1. 2) Valves 24 inches nominal diameter: Valve discs shall be cast iron with a stainless steel seating edge. 3) Valves 30 inches through 48 inches nominal diameter: Valve discs shall be ductile iron with a stainless steel seating edge, Id. Valve Shaft and Bearings. The valve shaft shall be constructed of stainless steel and the. bearings shall be corrosion resistant and self-lubricating, I. e. Operator. The valves shall be equipped with a totally enclosed type operator, fully gasketed and grease packed, suitable for direct burial.. The operator shall be designed for operation with a nominal 2 inch square operating nut for use with a T -wrench. Operators shall be designed to open with a counterclockwise rotation of the operator nut. If, Painting. All valves shall be painted in accordance with AWWA C504, latest revision. g. Testing. The valve shall be hydrostatically tested at 150 psi for leakage in accordance with AWWA C504, latest revision. h. Affidavit of Compliance. The manufacturer shall furnish to the Engineer prior to delivery, an affidavit stating that the valve and all materials used in its construction conform to the requirements of AWWA C504, latest revision, and that all tests specified therein have been performed and that all test requirements have been met. 5. Outside Coating. All gate or butterfly valves shall have either a 1 bituminous exterior coating or shall be delivered to the site factory cleaned and primed as set out below: a. Factory Primed Valves. Unless otherwise shown on the Plans, all exposed valves within the limits of structure walls or any valves exposed above ground shall. be delivered to the job site factory I. 450-3 Section 450 t Gate & BF Valves blasted, cleaned and primed with one coat of Koppers Pug Primer, or equal. b. Bituminous Coating. All valves indicated for buried service shall have a bituminous coating in accordance with applicable AWWA Standards. 6. Inside Coating. All gate and butterfly valves furnished and installed shall have the interior ports and disks coated with a minimum of 10 mils thickness of Keysite No. 750 epoxy enamel or equal which has passed Food and Drug Administration extraction tests required for use in contact with potable water. 7. Valve Boxes. All buried valves shall be equipped with cast iron valve ' boxes. The valve boxes, including all appurtenances, shall be cast iron. The valve box and appurtenances shall consist of a base, extensions as required, and a top section with a drop lid. The lid shall be marked with the word "WATER." All valve boxes shall be compatible with the gate or butterfly valves for which they are provided. The manufacturer shall submit three sets of drawings prior to delivery for review by the Engineer, showing the principal dimensions, construction details, and materials used in construction of the valve box. 8. Concrete. All concrete used for the placement of valve box collars shall be as specified elsewhere in these Specifications. No additional payment will be made for concrete valve box collars. Valve box collars shall be subsidiary to valves. C. CONSTRUCTION I All valves shall be installed at the locations shown on the Plans or at the direction of the Engineer, and shall be installed in accordance with the detail sheet of the Plans and these Specifications. Valve Installation. Gate and butterfly valves shall be installed in accordance with AWWA C600, latest revision, Sections 3.3 and 3.6, and with either AWWA C504 or AWWA C509, as applicable, latest revisions (appendices included), the manufacturer's recommendations, and these Specifications. Visual Inspection. Prior to installation, all valves shall be visually inspected for defects, and any foreign material in the valve interior removed. , Valve Boxes. A valve box as specified shall be provided for each valve used in a buried service application. The valve box shall be installed so as not to transmit shock or stress to the valve. The valve box shall be centered and plumb over the operating nut of the valve with the box cover flush with the surface of the finished pavement or such level as directed by the Engineer. The valve box shall be backfilled evenly around its perimeter with select material. The material shall be hand 450-4 ' Section 450 Gate & BF Valves tamped so that the ground will not settle after placement of the concrete collar. 4. Valve Box Collar. All valve box lids shall have an 18 inch square x 6 inch thick concrete collar placed around them. The collar shall be centered on the valve box lid and shall be 6 inches thick. The top of the pad shall be flush with the top of the box and the surrounding ground or roadway surface. Valve box collars shall not be constructed until every item of cleanup has been completed. 5. Dead Ends: Valves located at the end of pipelines shall have ductile iron plugs or caps with or without blowoff cocks as shown on the Plans. All dead end valves shall be restrained or blocked as shown on the Plans or at the direction of the Engineer. I I I I I I I I 450-5 Section 461 Backfilling TECHNICAL SPECIFICATIONS PIPE PROTECTION COVER AND COMPACTED BACKFILL IA. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for backfilling areas excavated during the construction of sewer lines, manholes, force mains, water lines, valves, fittings, fire hydrants, and other appurtenances. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. Areas of construction within creek or river crossings, county roads, or state highways shall be backfilled in accordance with other sections of these Specifications. B. MATERIALS I I I I fl I I Crushed Stone Backfill. Crushed stone backfill (where specified or directed by the Engineer) shall be Class SB-2, as defined in Section 306 of the 1978 Edition of the Arkansas State Highway Department Specifications. The Contractor shall submit suppliers' certificates stating that the material provided is in accordance with these Specifications. CONSTRUCTION Areas excavated for the construction of sewer lines, manholes, force mains, water lines, valves, fittings, and other appurtenances shall have pipe protection cover placed, and shall be backfilled in accordance with these Specifications. Pipe Protection Cover. Pipe protection cover to a depth of 12 inches above the top of the pipe shall consist of select material free from rocks larger than 2 inches, and may require hand placement. However, should the material excavated from the trench be completely free of rock larger than 2 inches, the trench may be machine backfilled. Should the excavated material not be suitable for machine backfill or hand placement, the Contractor may, at his option, use crushed limestone (AHTD SB-2) to a depth of 6 inches above the top of the pipe. The trench may then be backfilled as outlined below. Pipe protection cover .for vitrified clay pipe sewer shall. be SB-2 crushed limestone to a minimum depth of 6 inches above pipe barrel followed by pipe protection cover as specified above. Backfilling. After the pipe protection cover has been placed, the trench excavated areas around manholes, valves, fittings, fire hydrants and other appurtenances shall be backfilled with excavated material free from rock larger than 12 inches and in accordance with the 461-1 Section 461 1 Backfilling following Specifications, depending upon the type of area in which excavation occurs. Extra care shall be exercised around manholes, valves and hydrants to assure that the backfill material is placed evenly around the perimeter of the appurtenance. a. Compaction. All trench backfill (except under paved areas) shall be compacted to 90 percent (minimum) of that of the adjacent undisturbed soil. In areas where the trench crosses a street, parking lot or driveway, the material shall be compacted to a minimum of 95 percent of that of the adjacent soils. Bore pits and trench under proposed highway shall be compacted to 100 percent standard Proctor density. To accomplish compaction, trench backfill shall be placed in layers of appropriate thickness and compacted using a mechanical, hydraulically -powered vibratory trench compactor or other equivalent equipment. When SB-2 crushed stone trench backfill is required it shall be compacted to 95 percent of modified Proctor density (ASTM D1557-78). The density of backfill material, including SB-2 crushed stone trench backfill, shall be determined at locations selected by the Engineer at no less than 500 foot intervals. Two additional tests will be made for each test failure at approximately 100 feet either side of failing test. The test shall be conducted at a depth of 12 to 18 inches below the finished grade prior to the placement of the topsoil. All surfaces to be paved will be tested at various depths below grade. Unpaved roadway surfaces shall be tested at 12 inches below finished grade. The cost for performing all density tests shall be borne by the Contractor. The test shall be performed by a qualified soils laboratory technician. The equipment procedures shall also be approved by the Engineer. Backfill and compaction required in open cuts or bore pits are as detailed on the Plans. The Arkansas State Highway and Transportation Department will be making density tests within future roadway. Ditch line compaction shall be accomplished during trench backfilling operations. Topsoil shall be placed and shaped leaving the ditch line slightly rounded. Compaction shall be completed within 1,000 feet of pipe installation at all lines, and topsoil shall be replaced within 1,000 feet of compaction. b. Lawns, Gardens and Other Well -Kept Areas. After the pipe protection cover has been placed, the trench shall then be backfilled and compacted. Topsoil stored along the trench line shall then be replaced to a minimum depth of 6 inches over the trench and 3 inches over all damaged surfaces. In the event there I 461-2 Section 461 Backfilling is insufficient.topsoil stored along the ditch line to accomplish the topsoiling requirement, then the Contractor shall haul in additional topsoil to meet this requirement and shall do so without additional cost to the Owner. The topsoil over the trench shall be left slightly rounded in order to allow for some trench settlement. It is the intent of these Specifications to ensure that no settlement of the trench occurs after seeding and mulching the areas. In the event such does occur, it will be the responsibility of the Contractor to repair the settled areas. c. Mowed or Cultivated Areas (Excluding Gardens). The requirements. for backfilling in these areas is identical to that specified in paragraph b above, except that it is the intent of the Specifications to replacehe top 6 inches of the soil using the excavated topsoil, regardless of the quality of that material. Only when the Contractor allows the material excavated from the top of the trench to become mixed with the remaining excavation will he be required to haul in additional material to replace the top 6 inches. If the Contractor is required to haul in additional material, he shall haul in good grade topsoil (free of roots, weeds, clay and rocks), and shall do so without additional cost to the Owner. d. Steep, Wooded or Rocky Areas. After the pipe protection cover has been placed, the trench shall be backfilled with excavated material. The trench shall be compacted as heretofore set out. The trench backfill material shall be left slightly rounded to allow for additional settling. 3. Cleanup. Cleanup shall be as specified in Section 487 of these Specifications. I 1 11. I 461-3 I. E1 Li Section 462 Testing/Disinfection TECHNICAL SPECIFICATIONS FLUSHING, HYDROSTATIC TESTING, DISINFECTION AND DYNAMIC TESTING OF WATER LINES ■ A. GENERAL The work to be included under this section of the Specifications shall consist•of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the flushing, hydrostatic testing, disinfection, and dynamic testing of water lines. • B. MATERIALS - Water. Water for flushing, testing and disinfecting all facilities will be furnished by the Owner. The Contractor shall schedule and coordinate this work to ensure that it will not be carried on during periods of high water usage. Water valves on the existing water system will only be opened or 1 closed by City personnel or.under their direct supervision. C. FLUSHING, TESTING AND DISINFECTION The Contractor shall flush, test and disinfect all water distribution 'facilities. A reasonable amount of water will be furnished to the Contractor by the Owner, free of cost to the Contractor. Should the Contractor require • additional amounts of water due'to water line breaks or neglect on the part of the Contractor, water shall be purchased from the Owner at their bulk rate. Quantities of water which will be paid for by the Contractor shall be determined by the Engineer. 1. Flushing. The Contractor shall fill and flush the newly constructed I line and visually check all combination air release and vacuum valves, blowoff valve assemblies, line valves, and fire hydrants to assure proper operation. 2. Hydrostatic Testing. All pipe on this project shall be tested as set out in AWWA C600, latest revision. Tests will be conducted after the line is completed and backfill made, except those areas around valves and fire hydrants may be left open at the discretion of the Contractor. a. Test Pressure and Duration. The line shall be tested at 150 percent of the designed operating pressure or a minimum of 150 psi and maximum of 250 psi. The Engineer will assist the Contractor in determining test pressure at any given point. The Contractor shall provide all pumps or other equipment necessary to maintain the test pressure within - 5 pounds per square inch at the test point for a period of two hours.. b. Definition of Leakage. The leakage test shall be conducted concurrently with the pressure test. Leakage shall be defined as the quantity of water that must be supplied into the newly laid Lii 462-1 Section 462 1 Testing/Disinfection pipe, or any valved section thereof, to maintain pressure within 5 psi of the above specified test pressure after the air in the pipeline has been expelled and the pipe has been filled with water. Leakage shall not be measured by a drop in pressure in a test section over a period of time. The Contractor shall be responsible for providing all pumps, equipment and appurtenances necessary to maintain the above specified test pressure, and to meter the water supplied to the line in order to maintain the test pressure within the limits specified. c. Allowable Leakage. Leakage for water pipe shall be within the limits set out in AWWA C600, latest revision. Should any test of pipe laid disclose leakage greater than that specified, the Contractor shall, at his own expense, locate and repair the defective joints, and retest the line until the leakage is within the specified allowance. d. Visible Leaks. All visible leaks are to be repaired regardless of the amount of leakage. 3. Disinfection. After successful testing, the Contractor shall empty the line of water. The line shall then be disinfected in accordance with AWWA C601, latest revision, for "Disinfecting Water Mains," continuous feed method. Placing of hypochlorite granules into the main during construction will not be permitted. The water line and facilities shall be considered sterilized after the Owner has received negative reports on samples taken along the line and at each facility and sent to the Arkansas Department of Health for testing. Negative reports must be received on samples taken at 24 -hour intervals. The Owner shall obtain and deliver samples to the Arkansas Department of Health for testing. 4. Dynamic Testing. After sterilization is complete, the Contractor shall then flush the sterilizing solution from the line and place the transmission line into service. The Contractor shall furnish operation of all valves, etc., 5. Acceptance. Upon successful dynamic test, and final cle complete. personnel to assist the Owner in the to initially start up the system. completion of the sterilization, the anup, this contract will be considered I I 462-2 1 Section 472 Fire Hydrants TECHNICAL SPECIFICATIONS FIRE HYDRANTS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all labor, equipment, tools, supplies, and incidentals necessary for the construction of fire hydrant assemblies. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Catalog. Data and Assembly Drawings. For all fire hydrants, auxiliary gate valves and valve boxes hereinafter specified, the manufacturer shall furnish to the Engineer prior to delivery, catalog data, including illustrations and a parts schedule giving the material of which parts are made, in sufficient detail to serve as a guide in the assembly and disassembly of the fire hydrant as well as in ordering repair parts. The manufacturer shall also submit three sets of certified drawings for review by the Engineer, showing the principal dimensions, construction details, and materials used for all parts of the valve. All valves shall be furnished in accordance with the certified drawings after they have been reviewed by the Engineer. 2. Fire Hydrants. All fire hydrants furnished and installed on this project shall be dry barrel hydrants in conformance with AWWA C502, latest revision, for "Dry Barrel Fire Hydrants," and shall be designed for a working pressure of 150 pounds• per square inch gauge. Pressure Class 150 fire hydrants shall be three-way, painted yellow above ground line. Three-way hydrants shall be Mueller Centurion hydrants, Catalog No. A-423, or equal. a. Hydrant Inlet. The hydrant shall have a 6 inch mechanical joint inlet in conformance to the dimensions shown in ANSI/AWWA C110/A21.10, latest revision. b. Main Valve Openings. Three-way hydrants shall have a 5-1/4 inch valve opening. c. Fire Hydrant Lead Pipe. The lead pipe shall be ductile iron pipe as specified elsewhere in these Specifications. Three-way hydrants shall have 6 inch lead pipes. d. Hydrant Barrels and Extensions. All fire hydrants shall be equipped with a two-piece barrel having a flange at the ground line. The pipe shoe shall be designed for a minimum 42 inch bury. rHowever, the Contractor shall provide extensions (Mueller A-320 or equal) as necessary to set the hydrants to the proper elevations at each location. 472-1 Section 472 Fire Hydrants e. Nozzles. Three-way hydrants shall be equipped with two 2-1/2 inch hose nozzles and one 4 inch pumper nozzle. f. Operating Nut. The bronze operating nut shall be a nominal 1-1/2 inch pentagon, National Standard operating nut designed to open left (counterclockwise). I g. Color. The entire hydrant and all extension sections shall be painted chrome yellow at the factory. h. Safety Stem Coupling and Safety Flange. All fire hydrants shall be equipped with.a safety stem coupling and flange which are intended to fail upon vehicle impact without damage to the stem or main valve. i. Testing. All fire hydrants shall be tested in accordance with AW�02, latest revision. j. Affidavit of Compliance. The manufacturer shall furnish to the Engineer, prior to delivery, an affidavit stating that the fire hydrant and all materials used in its construction conform to the requirements of AWWA C502, latest revision, and these Specifications, and that all tests specified therein have been performed and that all test requirements have been met. 3. Auxiliary Gate Valves, Valve Boxes, and Valve Box Collars. All fire hydrant installations shall have auxiliary gate valves, valve boxes, and valve box collars, all as set out in Section 450 of these Specifications. 4. Connecting Pipe. The fire hydrant assembly shall have a 6 inch ductile iron connecting pipe between the mechanical joint end of the auxiliary gate valve and the fire hydrant. The connecting pipe shall be of the length required and shall have mechanical joint glands integrally cast or brazed onto the pipe so that no joint separation will occur under pressure. 5. Concrete. All concrete used for reaction backing and valve box collars shall e in conformance with the Concrete section of these Specifications. C. CONSTRUCTION All fire hydrants shall be installed at the general location shown on the Plans and at the specific location staked by the Engineer and shall be installed in accordance with the detail sheet of the Plans and these Specifications. I 1. Examination of Material. Prior to installation, all hydrants shall be inspected for direction of opening, cleanliness of inlet elbow, handling damage, and cracks. I 472-2 1 I I 11 2, 3, I 4 I I`J I I I. I Section 472 Fire Hydrants Placement. All hydrants shall stand,, plumb within a tolerance of 1/8 inch horizontally in 12 inches vertically. The nozzles shall be parallel with, or at right angles to, the street with the pumper nozzle facing the curb. Hydrants shall be set to established grade with the nozzle centerline at least 18 inches above the ground, unless otherwise directed by the Engineer. Location. Unless otherwise shown on the Plans, the hydrants shall be placed as follows. a. When placed beyond the curb, the hydrant barrel shall be set so that no portion of the pumper or hose nozzle cap will be less than 6 inches nor more than 12 inches from the gutter face of the curb. b. When set in the lawn space between the curb and the sidewalk, or between the sidewalk and the property line, no portion of the hydrant or nozzle cap shall be within 6 inches of the sidewalk. Connection to Mains. Each hydrant shall be connected to the main with a 6 inch ductile iron pipe branch and independent 6 inch gate valve as shown on the Plans. The 6 inch branch of the main line fittings shall be equipped with retaining lip and swivel gland for positive restraint without tie rods, 5, Hydrant Drainage in Pervious Soil. Wherever a hydrant is set in soil that is pervious, drainage shall be provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with coarse sand from the top of the concrete reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance of 1 foot around the elbow. No drainage system shall be connected to a sewer, 6, Hydrant Drainage in Impervious Soil. Wherever a hydrant is set in clay or other impervious soil, drainage shall be provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with sand from the top of the reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance 3 feet around the elbow. No drainage system shall be connected to a sewer, 7, Reaction Backing, The bowl of each hydrant shall be braced against unexcavated earth at the end of the trench with concrete reaction backing as shown on the Plans or directed by the Engineer. IN NO CASE SHALL THE CONCRETE BACKING BLOCK OR IMPEDE FLOW FROM THE FIRE HYDRANT DRAIN PORTS. 8, Retainer Glands. Retainer glands shall be installed as shown on the Plans or directed by the Engineer. 9. Painting. A touch-up coat plus one complete coat of chrome yellow paint, identical to the factory -applied paint, shall be applied to all above -ground parts of every fire hydrant. 1 472-3 Section 475 2" Blowoff TECHNICAL. SPECIFICATIONS 2 INCH BLOWOFF A. GENERAL - The work to be included under this -section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the construction of a. 2 inch blowoff. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. I. B. MATERIALS 1. Galvanized Steel Pipe. Threaded fitting pipe as shown on the Plans shall be unlined Schedule 80 steel pipe and shall conform with the requirements of ASTM A120-82, latest revision, and be galvanized in accordance with ASTM Specification A90-81, latest revision. 2. Galvanized Steel Pi steel pipe shall be be of uniform style shall be galvanized revision. pe of ar in Fittings. All threaded fittings for galvanized cast iron, of standard design and dimensions, and d pattern. Threaded fittings for galvanized pipe accordance with ASTM Specification A90-81, latest 3. Gate Valves. The 2 inch gate valve, as shown on the Plan Detail for the 2 inch blowoff, shall conform to the requirements of AWWA C500, with a 2 inch square operating cap, threaded ends, and be a Mueller A2380-8, or approved equal. 4. Valve Box. The valve box shall be as specified in Section 450 of these Specifications. 5. Valve Box Collar. The valve box collar shall be as specified in Section 450 of these Specifications. 6. Vault. The vault shalL be as shown on the Plan Detail for the 2 inch blowoff. 7. Concrete. All concrete shall conform to the requirements of the Concrete section of these Specifications. 8. Class 7 Mineral Aggregate. The Class 7 mineral aggregateS drain media shown on the Plan Detail for the 2 inch blowoff shall conform to the requirements of Section 403 of the Arkansas Highway and Transportation ' Department Standard Specifications for Highway Construction, 1978 Edition. C. CONSTRUCTION The location of the 2 inch blowoff shall be as generally set out on the Plans. However, the exact location as well as the orientation and length of 1 475-1 Section 475 2" Blowoff the piping shall be determined in the field by the Engineer to ascertain that the vertical riser extends above natural grade. The valves shall be ' installed in accordance with the details shown on the Plans. The surface area disturbed in the construction of the 2 inch blowoff shall be cleaned up and seeded as set out elsewhere in these Specifications. I I I I I C1 I I S I 1 !1 Li 475-2 1 Section 487 Pipeline Cleanup, Seeding & Sodding TECHNICAL SPECIFICATIONS PIPELINE CLEANUP, SEEDING AND SODDING A. GENERAL Cleanup shall be considered an important part of this project, and adequate equipment and qualified personnel shall be applied to this phase of the work 1 from the very beginning of the project. There is no separate pay item for cleanup and this work shall be considered subsidiary to the unit price bid for pipe. There are generally four classifications of cleanup to be used on this project, as set out below.' Class I Cleanup. Areas of construction within lawns, gardens, or other well -kept areas, including street rights of way that are kept as lawns by adjacent landowners. Class II Cleanup. Areas of construction within fields, meadows and street rights of way which are mowed or cultivated (gardens excepted). Class III Cleanup. Areas of construction that are heavily brushed or wooded, steep rocky slopes, or other areas where it is not practical for the area to be cultivated. Special Cleanup. Unless otherwise noted under paragraph B.4 below, no special cleanup will be required. Sodding. See paragraph 8.9 below. B. METHOD OF CLEANUP The method of cleanup for each of the classes defined above shall be as set out below. 1. Class I Cleanup - Lawns, Gardens, Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the topsoil has been spread over the damaged areas, the Contractor shall proceed to hand rake the entire construction area to remove all rock 1 inch or larger in Debris of every type shall be removed and all damaged tree idiameter. limbs shall be pruned. After the area has been raked and accepted by the Engineer, the area shall be seeded at the rate of 0.15 pounds per 100 square feet, using the following seed mixture (percent expressed in I. terms of weight). Lawn Fescue 50% Grass (Annual) 40% 'Rye :; White Clover (Common) 5% Red Clover (Common) 5% r 487-1 Section 487 Pipeline Cleanup, Seeding & Sodding Planting Dates Cool Season Grasses Warm Season Grasses Cool Season Grasses (Rye, Fescue, Clovers) (Bermuda) (Rye, Fescue, Clovers) February 15 - May 15 May 15 - August 15 August 15 - November 1 1 During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. I Straw mulch consisting of good grade clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over damaged and seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Straw mulch shall be applied using an asphalt mixing blower. Asphalt shall be added to the straw in sufficient quantity to bind mulch together. Placing straw and top spraying with asphalt will not be permitted. I Where the existing ground cover contains grasses such as Bermuda grass, Zoysia, etc., grasses not included in the prescribed seed mixture, the Contractor shall be responsible for cutting, removing and stockpiling the existing sod on the job site. After constructing the water line and backfilling the trench, the sod shall be replaced to a condition equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor shall be responsible for providing and installing new ground cover of the existing type in accord with Technical Specifications for , "Sodding," included in these Specifications, to complete the cleanup. 2. Class II Cleanup - Fields, Meadows, Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the backfill is , completed and the surface over the trench left slightly rounded, the area shall be machine raked to remove all rock to a condition equal to the existing surface on the better side of the adjacent existing right of way. All excess excavated material shall be removed from the site, including excess material which has accumulated around fence posts, trees, mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired as though it were a part of the actual trench excavation. Seeding and fertilizing of these areas is required using the seed mixture and application rates set out below (percent expressed in terms of weight). Field Fescue 50% Rye Grass (Annual) 40% White Clover (Common) 3% Red Clover (Common) 7% 487-2 1 El t I e:. Cool Season Grasses (Rye, Fescue, Clovers) February 15 - May 15 Section 487 Pipeline Cleanup, Seeding & Sodding Planting Dates Warm Season Grasses (Bermuda) May 15 - August 15 Cool Season Grasses (Rye, Fescue, Clovers) August 15 - November 1 After the area- has been accepted by the Engineer, the area shall be seeded at the rate of 0.15 pounds per 100 square feet. During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. 1 Where the existing field grass is Bermuda, or other type not specified above, the Contractor shall place such topsoil as required, and shall seed with the existing type grass so that an equivalent ground cover will be provided. 'Straw mulch consisting of good grade clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over damaged and seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Straw mulch shall be applied using an asphalt mixing blower. Asphalt shall be added to the straw in sufficient quantity to bind mulch together. Placing straw and top spraying with asphalt will not be permitted. 3. Class III Cleanup - Steep, Wooded or Rocky Areas. The trench shall be backfilled in accordance with the Pipe Specifications. After the trench backfill is complete, all damaged brush of every type shall be cut just below ground surface and all damaged limbs shall be trimmed. All brush and debris shall be disposed of by the Contractor and the entire area shall be machine raked so that the area of construction is in a condition equal to the existing surface on the better side of the existing adjacent right of way. When directed by the Engineer, the area of the trench line shall then be seeded and fertilized at the rate of 0.15 pounds per 100 square feet using the same seed mixture, fertilizer and application rates as set out under Class II cleanup, except that tall fescue (Kentucky 31) shall be used in place of field fescue. Straw mulch consisting of good grade clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over damaged and seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Straw mulch shall be applied using an asphalt mixing blower. . 4Asphalt shall be added to the straw in sufficient quantity to bind mulch 1 487-3 Section 487 Pipeline Cleanup, Seeding & Sodding together. Placing straw and top spraying with asphalt will not be permitted. 4. Special Cleanup. In several cases the water line crosses through or near to existing septic tank lateral fields. Any damage caused by the Contractor to such field shall be repaired at the Contractor's expense. Where septic tank leaching fields are known to exist, they have been brought to the Contractor's attention. This does not relieve the Contractor from the responsibility of assuring himself there are not other private utilities in the areas of construction. 5. All Areas. All work within the construction area shall be cleaned up to the satisfaction of the Owner and the Engineer. In general, all rocks, trash or rubbish or any nature shall be removed from the site of the work. During construction, the Contractor shall at all times keep work areas I in a clean, neat and workmanlike condition. Excess pipe, excavation, brush and materials of construction shall be removed and disposed of as the work progresses. In built-up areas, including lawns, the job site shall be cleaned up immediately behind construction. Streets and driveways blocked by excess materials after basic construction is completed will not be tolerated. I If the trench should settle while within one year of the project make the required repairs at accordance with the continuing Specifications. the Contractor is still on the job or completion date, the Contractor shall no additional cost to the Owner in responsibility provisions of these 6. Restoration of Damaged Surfaces and Property. Where any pavement, trees, shrubbery, fences, poles or other property and surface structures have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the contract documents, state laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. 7. Access after Construction. Unless otherwise directed by the Engineer, all areas shall be graded after construction so as to be accessible by four wheel drive vehicle. 8. Erosion Control. The Contractor shall terrace slopes where, in the 1 opinion of the Engineer, potential erosion problems may arise after construction. 11 LI I 9. Sodding. The Contractor shall provide and place high quality Bermuda or Zoysia grass sod in areas not presently sodded when directed by the Engineer. As described in paragraph 8.1 above, it is the Contractor's responsibility to cut, remove, save and replace sod in those lawns or other improved areas which are presently covered with high quality Bermuda or Zoysia sod. I I 487-4 I ISection 490 ASHTD Crossings TECHNICAL SPECIFICATIONS ARKANSAS STATE HIGHWAY CROSSINGS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary to bore and insert a casing pipe, or to open cut as required, existing Arkansas state highway(s). B. MATERIALS 1. Carrier Pipe. The -carrier pipe shall be in conformance to that section of the Specifications governing ductile iron water lines. 2. Casing Pipe. Unless otherwise shown on the Plans, all casing pipe shall be welded or seamless steel pipe having a wall thickness as shown on the Plans and a minimum yield strength of 35,000 pounds per square inch. C. CONSTRUCTION The Plans show the location of highway crossings to be made. The crossings shall be accomplished by boring and inserting.a casing pipe of the type and thickness, diameter and length as specified or shown on the Plans. ' 1. Permit Application. Application has been made by the City with the Arkansas State Highway and Transportation Department for permits which includes all crossings and construction on ASHTD right of way as shown ' on the Plans. A copy of the permit issued by the ASHTD will be furnished to the Contractor by the Owner. A copy of the license or permit issued by the ASHTD shall be kept -on the job site at all times. 2. Bond Posted. The Owner will be required to post a deposit or acceptable bond with the Arkansas State Highway and Transportation Department prior to the issuance of the permit. Upon completion of all highway crossings, including repair and cleanup in accordance with these Plans and Specifications, and upon receiving final approval from the Arkansas State Highway and Transportation Department, the bond or deposit will be returned to the Owner. A percentage equal to the amount of the bond will be held from the Contractor's pay until the bond has been released. 3. Location of Utilities. The Contractor shall be responsible for the location of all utility lines located within the area of construction. 4. Traffic Control. It shall be the responsibility of the Contractor to ' provide sufficient flagmen, signs, barricades, lights and other items required to ensure complete safety of the public and the workmen at all times. Traffic control on state or federal highways shall be conducted and maintained as set forth in the Manual on Uniform Traffic Control Devices as published by the U. S. Department of Transportation, Federal Highway ' 490-1 Section 490 1 ASHTD Crossings Administration. The following data sheets are intended as guidelines for typical sign dimensions and application for various types of installation. , 5. Borings. The crossing shall be made by boring or tunneling and inserting a casing pipe. The top of the casing pipe shall be a minimum of 2.5 feet below the low points of the roadbed cross section (including ditches) or 4.0 feet below the top of the pavement at any location along the casing pipe, whichever gives the greater depth. If rock is encountered and all available means of making the crossings by boring or tunneling have been exhausted, the Engineer will make application to the Arkansas State Highway and Transportation Department to make the installation by the open cut method. 6. Open Cut. If approval to open cut is received, the Contractor shall proceed the installation in full accordance with all provisions and special conditions set forth by the Arkansas State Highway and Transportation Department. Any additional cost of deposits or bonds for open cutting shall be borne by the Contractor. Since the return of the deposit required by the ASHTD depends upon returning the roadbed to its original or better condition, the Contractor will be required to complete this item of construction to the satisfaction of the Highway Department. 7. Restoration of Property. Any highway property disturbed by the installation of the facility shall be restored to its original or equivalent condition including establishing a sod as required by the District Engineer. 8. Blocking Carrier Pipe. The carrier pipe shall be inserted through the casing pipe and shall be blocked, and shall then be sealed on each end using brick and concrete. I I I I I 490-2 ' i i I 11 I •1 I 1 I I L. I SI CSiB> i i O I00 1I_ O I I U v I I 1 I a 99. I I O_ I U: I IIIj SI LJ =1 Ue II I 1.1 I:j- I a g + la I ♦♦s • J L •-ii foo' } .! I Y 1 VO'1 , �4• = V I O Y00 :S } •o I I• I 00 z J n- .. : u 1 O • I 1-rl IS.9 I J a'1 ua i� :� dAly 9 a I aIJ n J Tl O. i C 6 . Y Y au -YO G Y F S IJ O �I IY ri 5 .I ` -II II tit T ` a I I S.- C 1 I ': i .. - 3 I ii ;I i i -K - III 1 • II Iii II �• I S. L /j^\ IIlI ly I r.' I I I I I I ¢:II J I III .^•- /�- II ` II ^•V-/ I II IIJIi I KS.e > I III . ; - j ; • _— Si a : d - a - Y 3 of .; - E• i3 via a.U- —•. 0 -' S. I Section 491 Street Crossings TECHNICAL SPECIFICATIONS CITY STREET CROSSINGS IA. GENERAL This item shall consist of obtaining permits and posting bonds and/or deposits which may be required by the Owner, and providing all labor, ' equipment, tools, supplies and incidentals necessary for the crossing, maintaining and restoring streets and roads to the satisfaction of the permitting entity. The work shall include every item of work necessary for a complete and acceptable installation. B. MATERIALS 1. Pipe Redding Material. Pipe bedding material shall be as specified elsewhere in these Specifications. 2. Crushed Stone Backfill. Crushed stone backfill (where specified) shall be as specified elsewhere in these Specifications for crushed stone base (SB-2). ' 3. Crushed Stone Base SB-2. Crushed stone base (SB-2) shall be as specified elsewhere in these Specifications. 4. Prime Coat. Prime coat material shall be Grade MC -30 as set forth in Section 403.03, Table II, on page 160 of the 1978 Edition of the Arkansas State Highway and Transportation Commission Standard ' Specifications. 5. Asphaltic Concrete Hot -Mixed Surface Course. The asphaltic concrete ' hot -mixed surface course shall be Type II as set forth in Section 408.02, page 175, of the 1978 Edition of the Arkansas State Highway and Transportation Commission Standard Specifications. ' C. REFERENCED MATERIALS AND CONSTRUCTION The following specifications are hereby referenced and made a part of these ' Specifications. These specifications are contained in the "Standard Specifications for Highway Construction," Edition of 1978, published by the Arkansas State Highway and Transportation Commission. The page numbers given below refer to pages in these "Standard Specifications for Highway I Construction." These specifications are available for inspection in the Engineer's office, ' or may be obtained from the Arkansas State Highway and Transportation Department, Little Rock, Arkansas, and are set out below. I 491-1 Section 491 1 Street Crossings Bituminous Pavement Pages Prime and Materials Tack Coats, Section 401 ................ and Equipment for Bituminous 150-153 Surface Asphaltic Course, Materials Courses, Section 403 Concrete Hot -Mix Surface Section 408 and Equipment for Hot -Mix Bituminous 157-165 174-177 Binder Construction and Surface Courses, Section 409 ........ Methods for Hot -Mix Bituminous 177-188 Binder and Surface Courses, Section 410 ........ 188-195 D. EXECUTION The Contractor shall obtain required permits, and post required bonds and/or deposits with the permitting entity. Street crossings shall be performed in , accord with the Owner's Code of Ordinances. The Contractor shall provide and maintain during his construction activities adequate barricades, construction signs, torches, lanterns and guards as required to protect persons from injury and to avoid property damage. All materials piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences and/or barricades and shall be protected by adequate torches and lanterns. Execution of adequate safety precautions set forth in the General and Special Conditions is the sole responsibility of the Contractor. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. The Contractor shall post suitable signs indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. The Contractor shall obtain permission from the City and notify the fire department, ambulance service, etc. prior to closing of any street. All areas excavated for the construction of water and sewer lines and appurtenances within city streets and/or county roads shall have bedding, pipe protection cover and backfill placed as specified elsewhere in these Specifications. Crushed stone base (SB-2) shall be placed and compacted to 95 percent of modified Proctor density (ASTM D1557-78), as shown on the Plans detail. All asphaltic surfaces shall be replaced with asphaltic concrete hot -mixed , surface course. Asphaltic concrete hot -mixed surface course, Type II, shall be constructed as specified herein, as shown on the Plans detail. 1 491-2 I Section 491 Street Crossings 'All Portland cement surfaces shall be replaced with Portland cement concrete. Portland cement concrete surfacing shall be constructed as specified ' elsewhere in these Specifications, as shown on the Plans detail. All unpaved driving surfaces shallbe replaced with crushed stone base SB-2 ' as specified elsewhere in these Specifications, as shown on the Plans detail. All street and county road rights -of -way disturbed by construction of these water facilities shall be restored to its original or equivalent condition as required by the permitting entity, including the restoration of any public right of way monumentation. In general, street right-of-way cleanup and surface restoration shall be considered Class II as set out in Section 487, unless the area is being kept as a lawn, then the cleanup shall be considered Class I. I I I I C I Un 1] 1 491-3 Section 495 Driving Surface, I. Curb & Gutter Repair -TECHNICAL SPECIFICATIONS STREET OVERLAY, DRIVING SURFACE, SIDEWALK AND CURB AND GUTTER REPAIR A. GENERAL ' The work to be included under this section of the Specifications shall consist of providing all labor, equipment, tools, supplies, and incidentals necessary for the repair of driving surfaces, curb and gutter, and sidewalks. This Specification is intended for any driving surface, paved or unpaved, ' including but not limited to streets, roads, driveways, and parking lots. All pavement repair shall be done•by a professional paving contractor. ' This Specification does not apply to state or interstate highways, or driving surfaces within railroad rights of way. unless otherwise directed by the Engineer. ' B. MATERIALS 1. Prime Coat. Prime coat material shall be Grade MC -30 as set forth in ' Section 403.03, Table II, on page 160 of the 1978 Edition of the Arkansas State Highway Department Standard Specifications. ' 2. Tack Coat. Tack Coat material shall be Grade SS -1, as set forth in Section 403.03, Table III, on page 161 of the 1978 Edition of the Arkansas State Highway Department Standard Specifications. ' 3. Hot -Mixed, Hot -Laid Asphaltic Concrete. The hot -mix asphalt surface course shall conform in composition to the weights and gradation of Type 2 asphalt as set forth under Section 408, page 174, of the 1978 Edition of thefl Arkansas State Highway Department Standard Specifications, using asphalt cement viscosity grade AC -30. 4. Concrete. Concrete shall be as specified elsewhere in these Specifications. 5. Crushed Stone Base. Crushed stone base shall be as specified elsewhere ' in these Specifications. The Contractor shall submit suppliers' certificates stating that the materials provided are in conformance with these Specifications. ' 6. Curb and Gutter Joint Sealer. Curb and gutter joint sealer shall be either Type 1, Type 2, or Type 3 in accordance with Section 501 of the 1978 , Edition of the Arkansas State Highway, Department Standard Specifications. C. MATERIALS AND CONSTRUCTION ' The following specifications are hereby referenced and made a part of these Specifications. These specifications are contained in the "Standard I. 1 495-1 Section 495 ' Driving Surface, Curb & Gutter Repair Specifications for Highway Construction," Edition of 1978, published by the Arkansas State Highway and Transportation Commission. The page numbers given below refer to pages in these "Standard Specifications for Highway Construction." These Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas, and are set out below. Bituminous Pavement, Part 400 Pages ' Prime and Tack Coats, Section 401 150-153 Bituminous Surface Treatment, Section 402 ............ 153-157 Materials and Equipment for Bituminous Surface Courses, Section 403 157-165 Asphaltic Concrete Hot -Mix Surface Course, Section 408 ......................................... 174-177 Materials and Equipment for Hot -Mix Bituminous Binder and Surface Courses, Section 409 177-188 Construction Methods for Hot -Mix Bituminous Binder and Surface Courses, Section 410 ............. 188-195 CONSTRUCTION I Pavement Removal, Pipe Protection Cover and Backfill. The pavement shall be removed, pipe protection cover placed, and trench backfilled in accordance with the pipe Specifications according to the type of pipe being installed. All pavements which have been removed or damaged shall be repaired in accordance with these Specifications and as shown on the Plans. No payment for repair will be made for pavements damaged outside the width of payment shown on the Plans. Any damage outside these pay limits shall be repaired in like manner at the Contractor's expense. Asphaltic Pavement Repair. After the trench has been backfilled and compacted, as specified elsewhere in these Specifications, permanent repair shall be made as follows. The existing pavement shall be saw -cut and removed to a point 18 inches beyond the trench line limits, or as directed by the Engineer, and brought to grade 3 inches below the top of the existing pavement. This area shall then be resurfaced by applying asphaltic cement prime coat at the rate of 0.25 gallons/square yard, followed by a minimum of 3 inches of hot -mixed, hot -laid asphaltic concrete, laid to an elevation matching the existing finished grade. The hot -mixed, hot -laid asphaltic concrete shall be compacted to 92 percent of theoretical density. , One nuclear densometer test per asphaltic patch or repair shall be performed. , The cost of determining the compacted density shall be at the expense of the Contractor. 495-2 ' I I I I II I I I I I I I I 1 I I Section 495 Driving Surface, Curb & Gutter Repair Any unacceptable patch or repair shall be recompacted and retested at the Contractor's expense. b. Unpaved Driving Surface Repair. After the trench has been backfilled and compacted as specified elsewhere in these Specifications, the surface shall be brought to the existing grade with additional crushed stone base (AHTD SB-2). 2. Barricades, Guards and Safety Provisions. To protect persons from injury and to avoid property damage, adequate barricades, construction signs, torches, red lanterns and guards as required shall be placed and maintained during the progress of the construction work and until it is safe for traffic to use the roadway. All material piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences or barricades and shall be protected by proper lights when the visibility is poor. Execution of all safety precautions previously set forth in these Specifications is the sole responsibility of the Contractor. 3. Maintenance of Traffic and Closing of Streets. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. The Contractor shall post suitable signs indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. The Contractor shall obtain permission from the City and notify the fire department, ambulance service, etc. prior to closing of any street. 4. Piling Excavated Material for Reuse. All excavated material which is to be reused shall be piled in a manner that will not endanger the work and that will avoid obstructing sidewalks and driveways. Hydrants under pressure, valve pit covers, valve boxes, curb stop boxes, fire and police call boxes, or other utility controls shall be left unobstructed and accessible until the work is completed. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural water courses shall not be obstructed. 5. Removal of Excess Material. All excess loaded in trucks during the excavating o site and disposed of at the option of the 6. Cleanup. Cleanup of areas behind the sidewalks shall be as specified elsewhere excavated material shall be peration, hauled from the job Contractor. curb and gutter and around in these Specifications. 1 495-3 I I I I 1 U TECHNICAL SPECIFICATIONS CONCRETE A. GENERAL Section 503 Concrete All concrete shall be ready -mix concrete. Class A concrete is defined as concrete with six bags of cement per cubic yard of concrete and with a minimum 28 day compressive strength of 3,000 psi. Class A concrete shall be used for pouring manholes, concrete driveway repair, sidewalk, and curb and gutter repair. Class B concrete is defined as concrete with five bags of cement per cubic yard of concrete and with a minimum 28 day compressive strength of 2,000 psi. Class B concrete will be used for reaction backing, pipe encasement, and where otherwise directed by the Engineer. All concrete shall have air entrainment (3 percent to 6 percent) added at the ready -mix plant by the concrete supplier. Concrete will be supplied by a ready -mix concrete company approved by the Engineer. Mix designs must be submitted to the Engineer for approval for Class A and Class B concrete. Concrete must be placed within 1-1/2 hours of the time it is batched. Batch tickets must have the batch time written on them. Concrete shall be poured during suitable weather conditions and be protected from freezing and other inclement conditions until initial set is obtained. Concrete tests may be made at the direction of the Engineer. I. If the concrete meets the above requirements, the cost of the tests will be borne by the Owner. If the concrete does not meet the above requirements, the cost of the tests will be borne by the Contractor. Concrete shall not be poured with a slump of over 5 inches. Concrete shall not be used after it has taken its initial set. I I I I I I 1 503-1 McGoodwin, Williams and Yates, Inc. MI Consulting Engineers MICROFILMED ��11��� 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Telephone 501/443-3404 FAX 501/443-4340 March 18, 1991 Re: Bid Documents Water Distribution System Improvements Fayetteville, Arkansas Project No. Fy-200 Ms. Sherry L. Thomas, City Clerk City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Dear Ms. Thomas: Enclosed for the.city's perman bound bid submitted January 9, 1991 the above referenced project. Also records are pertinent (unbound) bid the other nine bidders on the job. RC:sc Enclosures ent<files is the. original by Goodwin & Goodwin on enclosed for the city's documents submitted by Sincerely, ,�. Richard Cantrell ►1, I. @ID WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the CITY OF FAYETTEVILLE, ARKANSAS Plans No. Fy-200 Dated October 1990 Board of Directors City of Fayetteville 113 West Mountain, Room 307 Fayetteville, Arkansas 72701 To the Board of Directors: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. t2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within ten days after the date of Owner's INotice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the ' following addenda (receipt of which is hereby acknowledged) Date Number Jtq,l LIRR� ( '?7/ / 1 o`� J4A/ 04 X %, /77/ ,2 and such addenda are attached to the Bid: 5-1 I b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and ' Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. I. c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. d) Bidder has obtained and carefully studied (or assumes responsibility for ' obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in c above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities I. at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the ' Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. If) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 1 g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. ' h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity 1 with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain, from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 5-2 I. I I I I I I I I I L! E ,i .1 11 U 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid bond or certified or cashier's check for o o,4 /�i,ouvT rl�/✓' ($ ), 5. The Bidder will complete the Work for the following unit and lump sum prices: Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 1. 1,675 L' ear Feet, 12" Water Line Pipe, IP or PVC at the Contractor's option*, complete in place SEvE,✓f�C-.✓ eoLC.4rrs d-/'oKry—`iuc Lejfl dollars( 17, )/L.F. $z9zz�'—s (Dollar Amount Written in Words) (Figures) (Total In Figures) 2. 11,550 L' ear Feet, 8" Water Line Pipe, DIP or PVC at the Contractor's option*, complete in place /MIX c Op,tt 41,75 �-j/t Cam, /# dollars(/fl/L.F. /'yy37C 3. 100 Linear Feet, 6" Class 51 Ductile Iron Pipe, complete in place �n1 y E�E'v,� �(JOL/.e,r� r� SEUEN/ �2 �N�s dollars( ��. — )/L. F. 4. 167 Linear Feet, 16" Steel Casing (3/8" wall), including road bore, complete in place J dollars( C/ % )/L.F. 5, 1 Each, 12" Butterfly Valve, complete in place 6. 12 Each, 8" complete 7. 4 Each, 6" �? complete / Gate Valve, in place Gate Valve, in place dollars( l,OZC )/Each dollars( '<10-�)/Each U dollars( S#85 )/Each *Bidder shall circle the type of pipe being bid. /4/n .f p23 Jo ..5//y0 470 �O i<'e00. I 5-3 - I Item Estimated Total No.Quantity Description of Item and Unit or Lump Sum Price Bid Amount 8. 1 Each, 24" x 8" Tapping Sleeve and Valve, complete in place 2 'ee T//ou.r,), ,9 C6,6,1 %No 6o �/ dollars(3, 2s°.' /Each $ S 2-n 9. 1 Each, 12" x 8" Tapping Sleeve ' and Valve, complete in place `NE 7-/O USA,VD Sr,ty $,vo,ro /I o' dollars( / 29s° -)/Each // 29ce ' 10. 2,000 Pounds, Light -Weight (Compact) Ductile Iron Fittings, with reaction backing, complete in place A° vC/0 tL 4ils A.vo Sixty GENfJ dol lars(.2, )/Lb. °o 11. 5 Each, Fire Hydrant Assembly, complete in place Qu o m 7�uJA.vD �tiF/{vryaoc-D E Sr�,✓iy dollars( //io.��/Each 12. 4 Each, 2" Blowoff, complete in place ° `ivr' vvooEO dollars(,5o0.°)/Each ' 13. 500 Linear Feet, Crushed Stone Base (12" depth) for paved road, ' street, driveway and parking lot • crossings, complete in place //c't' d/o l%Afls Avd ��T Oe�y"-r do11ars( 3. )/L.F. 2So, 14. 300 Square Yards, Asphaltic Concrete for repair of asphalt surfaces, complete in place _° /c,� �Uo t1�/ts dr,�c /-;�T/ C��>s dollars( /0, )/S.Y. 15. 75 Linear Feet, Class B Concrete Encasement, complete in place 0 O dollars( 020. °,)/L.F. 4> • 16. 12 Each, Tie to Existing System, complete in place /'ov,t vvD.eco `'ti dollars( 4/5z )/Each ypo — ' Item Estimated Description of Item and Unit or Lump Sum Price Bid No. Quantity 17. Lump Sum- Pump Station Modiflcatluns, including pump motor and standbygenerator, together with all electrical and ,sitework, complete in place i Y• x • a_` Ft� w Total' Amount /v✓It 77ovaQN0 c[/oILo9nrs pt ND Ce.'T- dollars 18. 100 Square Yards, Concrete Repair for Concrete Surfaces, complete in place 0 rNfy �2 ott4ns �o.°— ) &X/dollars TOTAL BASE RID....................0..........5............6.6... DEDUCTIVE ALTERNATE. NO. 1 • a,000. °b.. The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of S , � variable frequency drive system ....•....".... 9 TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. I $ 2g 9/ The lowest Bidder shall be determined by the lowest bid accepted by the City,of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities In the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities, Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown In words, unless obviously Incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, Insurance, etc., to cover the finished work of the several kinds called for. 5'-5 ph w Y •• f P.`l Arr .X I .. I 1. Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 17. Lump Sum Electrical, complete in place ' dollars $ I TOTAL BASE BID ................................................. DEDUCTIVE ALTERNATE NO. 1 I I I I IJ u I LI I 6. The Bidder agrees that the Water Distribution System Improvements be placed in I operation and all work completed within 75 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. I 5-5- The Owner may elect to accept Deductive Alternate No. 1 his bid for this item. 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system ............... $ Bidder shall fill in TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ................ $ The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. • The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 90 calendar days after the date when the Contract Time commences to run as provided In paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. The terms used in this Bid which are defined. in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. / Submitted this 9 day of J/FNU4fr , 1997 Respectfully submitted, 0ECCo ddNt,fcfa /vc, (firm Name) T 1 By Q ems= � rF Title Arkansas License No. e6 Kok- ,Spo , Cf zr ,% %ts J- asBrJ (Business Address 9 Zip Code) (Seal, if bid is by corporation.) Lu Cl nrn 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this day of , 19 Respectfully submitted, Arkansas License No. (Seal, if bid is by corporation.) (Firm Name) A Title (Business Address & Zip Code) 5-6 ,-..- STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted with and attached to Bid.) 1. Name of Bidder. DECCO Contractors, Inc. 2. Permanent main office address. 2000 South 1st Street, 1. Rogers, Arkansas 72757 .'; \3. When organized. 1967 9: If a corporation, where incorporated. Arkansas How many years have your been engaged in the contracting '• business under present 16 b sin ss your firm or trade name? years 6. Contracts on hand. (Schedule these, showing amount of each contract and the appropriate, anticipated dates of completion.) See attached 7. General character of work performed by your company. Underground Utility Construction, Site Preparation, and Concrete 8. Have you ever failed to complete any work awarded to you? No 9. Have you ever defaulted on a contract? No 10. List the more important projects recently completed by your company, stating the approximate cost for each and the 4i month and year completed. See attached 11• List your major equipment available, for this contract. #'r See attached 12. Experience in construction of water system improvements similar in size to this project, along with project owners and engineers. See attached 13. Background and experience of the principal members of your organization, including the officers. David E. Covington, President, 20 years experience, R. W. Roy, Vice President, 15 years experience, and Tillman Vaughn ., Job Superintendant, 15 years experience. 14. Credit available: $ credit line never established 15. Give bank reference: 1st National, Rogers, AR 72756 16. Will you, upon request, fill out a detailed financial state- ment and fdrnish any other information that may be required by the owner? Yes Dated at this 9th day of .Ll44/C,rr. , 19�_. Name of Organization: DECCO ractors-r-;nc. By Title VI cr' ,"/C s loo zT State of Arkansas ount . . _Benton -=.vim .12) I being duly sworn deposes and"--""•"- says tha )- is the �j/A t°e.�/.11,C� 2• of DECCO Contractors, and that answers to the foregoing questions and all statements therein contained are true and corre • Sub�Cr bed��.and sworn before me this — �" Notary Publ , may; co`mmisfona xpires-(2 %2 a r + �' 3r csa 1- DECCO CONTRACTORS, INC. ITEM #6 CONTRACTS ON HAND First Christian Church Heckathorn Construction Arnold Lehman, Inc. Mike Walden Hill & Cox Arnold Lehman, Inc. Montgomery's Mini Storage ITEM #10 SEE ABOVE ITEM #11 TRACK EXCAVATOR CONTRACT AMOUNT $ 29:916.00 52,000.00 94,058.00 39,182.00 39,597.00 225,000.00 160,000.00 - LOADER - BACKHOES - DOZERS ITEM #12 OWNER CITY OF ROGERS CITY OF SPRINGDALE CITY OF WINSLOW COMPLETION DATE 05/01/91 04/01/91 03/15/91 02/15/91 02/28/91 04/01/91 03/06/91 ENGINEER CRAFTON, TULL-&-ASSOCIATES CITY OF SPRINGDALE MILHOLLAND ENGINEERS I ' BID WATER DISTRIBUTION SYSTEM IMPROVEMENTS I. for the CITY OF FAYETTEVILLE, ARKANSAS Plans No. Fy-200 Dated October 1990 Board of Directors City of Fayetteville 113 West Mountain, Room 307 Fayetteville, Arkansas 72701 To the Board of Directors: 1. 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform, and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within ten days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the ' Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Date 1/ Number and such addenda are attached to the Bid. L ' 5-1 1 b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any, manner may affect cost, progress, performance or furnishing of the Work. I. c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC -4.2 of I. the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. Id) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in c above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. If) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. I. 5-2 I 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in /the form of bid bond or certified or cashier's check for n/ ($ )• 5. The Bidder will complete the Work for the following unit and lump sum prices: I. Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 1. 1,675 ar Feet, 12" Water Line Pipe, DI ' or PVC at the Contractor's option*, complete in place _� ` i6 C—ycto� dollars( 2C+ )/L.F. $ ,33 Par'Amount Written in Words) (Figures) (Total in Kigures) 2. 50 Linear Fpfl, 8" Water Line Pipe, DIP or UC t the Contractor's option*, complete in place 50 �ur7re E % — dollars(/'/1/L.F. /%2 G 3. 100 Linear Feet, 6" Class 51 Ductile Iron Pipe, complete in place try a dollars( �C3/L.F. /375, 4. 167 Linear Feet, 16" Steel Casing t(3/8" wall), including road , bore, complete in place (( / j do cv �)r✓r,e>C %yfi� E - dollars( %�! )/L. F. /� d„Z�- 5. 71 Each, 12" Butterfly Valve, complete jinn place sa cC/DJ �Cl `:dollars(//6O ) ach /7,�3 6. 12 Each, 8" Gate Valve, complete in place o/ E dollars(S65)/Each �6dCO, 7. 4 Ee`fi, 6" Gate Valve, complete in place ,�L // �/10 o CO / dollars(,3YO )/Each /u`020 I *Bidder shall circle the type of pipe being bid. 5-3 a I I I L I I .I I I I Item Estimated Description of Item a No. Quantity 8. 1 Each, 24" x 8" Tapping and Valve, complete in i%cQno.t E 9. 1 Each, 12" x 8" Tapping and Valve, complete in nd Unit or Lump Sum Price Bid Sleeve place dollars( ,/p ,)/Each $ Sleeve place ab dollars(pp ach 10. 2,000 Pounds, Light -Weight (Compact) Ductile lron Fittings, with reaction backing, complete in place of, dollars( ,,2J)/Lb. 11. 5 Each, Fire Hydrant Assembly, complete in place wdollars( jD,)/Each 12. 4 Each, 2" Blowoff, complete in place /,J, / rear �/ . „ f jam dollars( 4/50, )/Each 13. 500 Linear/Feet, Crushed Stone Base (12" depth) for paved road, street, driveway and parking lot crossings, complete in place Ct � , s /0-C)dollars( S[1/L.F. 14. 300 Square Yards, Asphaltic Concrete for repair of asphalt surfaces, complete in place /o -a dollars(a6. )/S.Y. 15. /75 Linear Feet, Class B Concrete Encasement, complete in place ov dollars( 2Df)/L.F. 16. 12 Each, Tie to Existing System, complete in place / f�'llars( 77Jr:�Each 7 5-4 Total Amount ovtT 00 dO 7o (2 a= 0251 t2) /,6D0 w JAN —U' 7—/ U : M W TEL f d0', Si 1 443- Item Estimated `�-- Description of Item and Unit or Lump Sum Price Rid{ No. Quantity _ Amount 17. Lump Sum Pump Station Modf3icaUlons, incTuding pump motor and standby generator, together with a;ll electrical and sitework, complete in place `ji* c_ dollars ? 18. 100 Square Yards, Concrete Repair for Concrete Surfaces, complete in place ce__ - c j _ dollars S a TOTALBASE BID....................i..........,.............. DEDUCTIVE!A.LTERNATE NO. 1 The Owner may elect to accept, Deductive Alternate No. 1 his bid for this item. $ -'33 764'._ Bidder shall fill ]7. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system ............... $ i TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE.NO, 1 $3323647 The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. ' The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will he based on actual f r quantities. Amounts are to be shown In both words and figures. In case of discrepancy, the i—._. amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 5-5 F i Item Estimated Total °, .No. Quantity Description of Item and Unit or Lump Sum'Price Bid Amount 17. Lump Sum Electrical, complete in place dollars $ TOTAL BASE BID ................................................. $ DEDUCTIVE ALTERNATE NO. 1 • The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. I 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system ............... $ TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ................ $ The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 6. The Bidder agrees that the Water Distribution System Improvements be placed in ' operation and all work completed within 75 calendar days after the date when the Contract. Time commences torun as provided in paragraph 2.3 of the General Conditions. Bidder, accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 5-5 0 SRN -s7-''31 g : t9 lJ 6 7 The Bidder agrees I operation and 611 w Contract Time coney Conditions. Bidder accepts the in the event of fai Communications conc indicated below. The terms used in - Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this _ day of 19_9/. Respe.ctfui'.y submitted, , I Arkansas License No. LL� (Seal. If bid is by corporation.) CL FJ C�can Z'<c<c•. -c� .cs n t. t1 `may 5-6 p l . rr,,r,.. ;•;7at'.' Title _/ r�S /2,Y _.. TWusf ss as es 111- ode? `,c'O / - YS X50 I • 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this gf day ofuQ, , 19 9( Respectf 4submitted, I I Arkansas License No. (Seal, if bid is by corporation.) I -I =I _I I f �ne_. (Firm Name))By Title 72 (Business Address & Zip Code) 5-6 ' Instructions to Bidders I Li r I I I I 2.2 Complete sets of Bidding Documents must be used in preparing Bids; ' neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. I. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above termsdo so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. ' 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must submit with his Bid the following statement of Bidder's qualifications: . STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted with and attached to Bid.) 'All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1) Name of Bidder. 72b. rte, 2) Permanent main office address. /JD, C 5D�/ S;,, 3) When organized. 7??? ' 4) If a corporation, where incorporated. INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General. Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer. I 2-1 Instructions I to Bidders 5) How many years have you been engaged in the contracting business under your present firm or trade name? j [/z t ears 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 5i oa m 5princjs 5cwee-54/,0tV- Feb. /5/ 149/ & rnp. d4& , 7) General character of work performed by your company. excellent 8) Have you ever failed to complete any work awarded to you? 710 9) Have you ever defaulted on a contract?If so, where and why? 10) List the more important projects recently completed by your company, ,S$taatjj'j�11a t e p xi�nate co$4for each, and the month and year completed. /K7tlr 401'�n1 DIStT 'lkyy -- 895.000 Dec. '990 /ldalrCCOOnnnfil Kura/ Dish. *9 84a'90000 - San./990 11) List your major equipment available for this contract. See affaehed I'S-' 12) Experience in construction of water system improvements similar in size to this project, along with project owners and engineers. See u(fa�,ed /134 13) Background and experience of the principal members of your organization, in luding the officer. 3ee Ri-facAcj 14) Credit available:unlsmi4d $ 15) Give bank reference: J�letQy FRl5ey /2NHT,oa/AL &wK FT.5m<rrl,,4R 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner?f/es I Dated at FM y6rytti (LLE, MRrPrx)S 15 this day of J"f►,ouARI f 19 9/ Name of Organization: ( /-t 1.;D/� , ! r3C By I Title f2ESIDEsiV State of CA& ) County of y�/a ) kid I"IFER being duly sworn deposes and I says that he (she) is the PleE5/Dl:it)T of Contractor(s), and that answers to the foregoing i 2-2 Tanda, Inc. P.O. Box 5081 Fort Smith, Arkansas 72913 Phone (501) 452-2950 j,{ ATek Sy5TCnM /rnPRcUEmEAJrS — SiuO-rn SpRi J&-s,AR/c, Come. DATE J UL/ I9clO CONTACT AmT a a431606 ENlx fl3E / a ✓1icCLECLfrk71 LNG lnl £&eS F, /ETTtul[LE,ffek1. OwAJER ; C /Ty 6F Su -oom ≤Pei JGs S CtLTH UJ e ST LOOP OJRTEP CvmP: 72'A7E /V) gketj Igigg UOIJTR4CT T; $a59,9Bo Iyie &oIDUJI,(}, (.Jms yg7ES• L�IvIJER CL,4eKsa/L E LIfT F GcJRTEp. Cso. WAiSHi,U&To#J £TRC , inipA. Comp• ORTE; 77Uc T lc/S? CO,J TRA CT 4T: 5 , OOO & 6r n) FUR : The C'C ECLFrn1J� ?NCTi,J EIS I�r tjC-R; CIT/ OF 5rtaAm SpRiAJ&S SP?/,JCzS, 4kW Tanda, Inc. P.O. Box 5081 Fort Smith, Arkansas 72913 Phone (501) 452-2950 Following is a list of equipment owned by TANDA, INC. and available for construction site works 1.- Liebherr 932HD-SL Excavator 1 - Mitsubishi 240 -SL Excavator 1 - International TD-? Dozer 1 - Case 850C Dozer 1 - Case 450B Dozer 1 - Ford A-66, 3 cu.yd. Wheel Loader 1 - International 510B,1k cu.yd. Wheel Loader 2 - Case 58.0E Backhoes _,, _ 1 - Ditch Witch R100 Trencher 2 - Ford F600 Flatbed Dump Trucks 1 - GMC 10 -yd. Dump Truck 3 - AGL Pipe -Laying Lasers 1 - Head 200# Boring Unit 1 - Joy 185 Air Compressor yujangua-tv-r 2Yo .u�a saki Load -ems �6 ZZC • Tanda, Inc. P.O. Box 5081 Fort,Smith, Arkansas 729.13 Phone (501) 452-2950 Following is the experience data of Ken Kifer, President & Owner of Tanda, Inc.* 1972 Graduate of University of Mo.-Rolla Bachelor of Science Degree in Civil Engineering 1972 - 1975 Assistant Trainmaster Missouri -Pacific Railroad Van Buren, Arkansas I. 1975 - 1979 Project Engineer fickle -Wagner & Associates Fort Smith, Arkansas 1979 - -r M- President - Tanda, Inc. ' Instructions to Bidders questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of 199L �J ` Notary P I is '4 My commission expires q -.3—g.9 -, a (Seal) Each Bid must contain evidence of Bidder's qualifications to do business in the state where •the projectI•is located or covenant to obtain such qualification prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to a) examine the Contract Documents thoroughly, b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c) consider federal, state and local Laws and ' Regulations that may affect cost, progress, performance or furnishing of the Work, d) study and carefully correlate Bidder's observations with the Contract Documents, and e) notify Engineer of all conflicts, errors or ' discrepancies in the Contract Documents. 4.2 Reference is made to the Supplementary Conditions for identification of: I. 4.2.1 those reports of the site which have been Documents. Bidder may ri in such reports but not contained therein or for or construction. explorations and tests utilized by Engineer in ≥ly upon the accuracy of upon non -technical data, the completeness thereof of subsurface conditions at preparation of the Contract the technical data contained interpretations or opinions for the purposes of bidding 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in ' preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is ' entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. ' 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information 2-3 Instructions to Bidders and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.7 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate any convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by 2-4 • Instructions to Bidders 1 s formal written Addenda wi-11 be binding. Ora] and other interpretations or 1 clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. ' 6. BID SECURITY ' 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a •Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of paragraph 5.1 of 1 the General Conditions. The bid security shall be placed in a marked, sealed envelope and securely fastened to the outside of the sealed Bid. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable ' chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 7. CONTRACT TIME. The numbers of days within which, or the dates by which, ' the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. ' 8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. ' 9. SUBSTITUTE OR "OR -EQUAL" ITEMS. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or ' "or -equal" items. Substitute or "or equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer. Application for acceptance of substitute or "or equal" items will not be considered by the ' Engineer until after the effective date of the Contract Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the Project Requirements. I. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner nor shall the .' 2-5 Instructions t to Bidders Contractor allow such Subcontractor to commence Work until he has provided and obtained approval of such compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 10.2 The Contractor will be required to furnish the names of Subcontractors ' and the amounts of their subcontracts as required by Act 183, Arkansas Acts of 1957. The subcontracts may be for mechanical, electrical, roofing and sheet metal work. Subcontract amounts must be submitted on a separate list in a sealed envelope and must accompany the Bid Form. The Subcontractor's name and license number shall appear on the outside of the sealed envelope. Subcontractors must be licensed according to the laws of the State of Arkansas. 11. BID FORM 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS. Bids shall be submitted at the time and place ' indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the 2-6 ' I '" Instructions to Bidders 1 place where Bids are to be submitted at any time prior to the opening of ' Bids. 13.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the 1 reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be ' disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly. A tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after preparation by the Engineer. ' 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to • acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to 'that date. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to ' negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. • Also, Owner reserves the right' to 'reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an ' award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of.any column of figures and the correct sum thereof will be resolved in favor of the correct 1 sum. 16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and ' such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required Ito be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, ' 2-7 Instructions to Bidders qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the day of the Bid opening. 17. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 18. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidders who submit Bids in excess of !20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. 20. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. , 21. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor, if available, shall be used. The Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provision of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. 2-8 1 Instructions to Bidders 'The Contractor and Subcontractor shall: I. 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. ' 2) post the scale of wages in a prominent and easily accessible place at the site of the Work. 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. ' The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by Isuch workmen. If it is found that any workmen employed by the Contractor or a Subcontractor ' has been or is being paid a rate of wages less than the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate his right to proceed with the Work or such party of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned` thereby. ' 22. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on materials and equipment brought into the state. It further provides for methods of collecting said taxes. All provisions of this Act will be complied with under this Contract. 23. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and I. withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or nonresidents of Arkansas. 24. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162, ARKANSAS ACTS OF 1987. The attention of. all ' NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Department of Finance and Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under any contract within the State of Arkansas. I I 2-9 1 N• 0 0 W o tT N 0 w Z m . 0 n z rt a ro�rt rr -0 (D JW H F{ N rt J N (n o M a ;a Y .1 . - N I (V CJflZ a O w a. rr F rt rt H N. 0 0 M b • 0rjW MK H P)m r•. rt (D rt ro c �•' � 1t Tr CO,^ V. cn �A rt N. a rt •rr (D r. g H (7 o • a 0P. M (D C) (D a a rt rt 0 N F, Ff J. JOHNSON CONSTRUCTION CO., INC. UNDERGROUND UTILITY CONTRACTORS 1400 W. Walnut — Suite 103 Rogers, AR 72756 Water Distribution System Improvements City of Fayetteville South Mountain Pump Station, Modifications Subcontractor Evans Electric 2001 North 13th Rogers, AR Base -_Bid $57,761.00 Deductive Alternate No. 1 $4,119:00 LicenseNNumber 900-402 J. JOHNSON CONSTRUCTION CO., INC. UNDERGROUND UTILITY CONTRACTORS 1400 W. Walnut — Suite 103 Rogers, AR 72756 1) J. Johnson Construction Company Incorporated 2)1400 W. Walnut Suite.103, Rogers, Arkansas 72756 3) 1984 4) State of Arkansas 5) Seven years 6) Oak Village Subdivision $ 84,051.40,.completion date Dec.31, 1990 Springdale Water Line Extention Project $ 161,000.00 C/date March 5 '91 7) Water, Sewer, and Storm Drains & Telephone Lines & Ducts. 8) No 9) No 10) Pine Meadows Addition_'I $44;527:::00 September 5, 1990 Pine Meadows Addition=ll $36000.00 June 10, 1990 Southwestern Bell Fiber Optic $86,000.00 February 1990 Southwestern Bell Continuing Nature Contract $600,000.00 January 1st 1990 thur December 31, 1990. 11) 2 580-Case:Backhoes 1 _.215 Cat Trackhoe 1 550 John Deere Dozer 2 Mack Dumptrucks 2 One Ton Trucks Air Compressors & Miscellaneous Tools & Equipment 12) 13 years,;experiance with the following engineers: McGoodwin, Williams, & Yates, Fayetteville. Hayes & Associates, Rogers. WR Consulting, Rogers. Northwest Engineering, Fayetteville 13)--Johnnie'Johnson-President &. Owner- Has 16 years experience in „(- construction of placing telphone lines & ducts,& water & sewer projects in and around northwest Arkansas. Fred Chandler -Water.& Sewer Project Superintendent with 13 plus years experience in and around Arkansas. Instructions to Bidders 1 INSTRUCTIONS TO BIDDERS ■ 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer. 2.2 Complete sets of Bidding Documents must be used in -preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding • Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must submit with his Bid the following statement of Bidder's qualifications: STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted with and attached to Bid.) All questions. must be .answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1) Name of Bidder. 2) Permanent main office address. 3) When organized. 4) If a corporation, where incorporated. 2-1 f -- Instructions to Bidders 5) How many years have you been engaged in the contracting business under your present firm or trade name? 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7) General character of work performed by your company. , 8) Have you ever failed to complete any work awarded to you? 9) Have you ever defaulted on a contract? If so, where and why? 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11) List your major equipment available for this contract. 12) Experience in construction of water system improvements similar in size to this project, along with project owners and engineers. 13) Background and experience of the principal members of your organization, including the officers. 14) Credit available: $ 500,000.00 r 15) Give bank reference: First National Rank of Bentonville 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? YES Dated at 1400 W. Walnut Suite 103, Rogers, Arkansas this 6th day of January , 19 91 Name of Organization: J. Johnson Construction C mpany Inc. Y / B ohnni Johnson Title president State of Arkansas County of Benton Brenda Johnson being duly sworn deposes and r says that he (she) is the Secertary of J. Johnson Construction Company Inc. , Contractor(s), and that answers to the foregoing I 2-2 r I• Instructions to Bidders Li questions and all statements therein contained are true and correct. Subscribed and sworn before me this 4 19'. My commission expires L-4--- zoo (Seal) , Each Bid must contain evidence of Bidder's qualifications to do business in the state where the project is located or covenant to obtain such qualification prior to award of the contract. 1 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to a) examine the Contract Documents thoroughly, b) visit the site to become familiar with local conditions.that may affect cost, progress, performance or furnishing of the Work, c) consider federal, state and local Laws and I. Regulations that may affect cost, progress, performance or furnishing of the Work, d) study and carefully correlate Bidder's observations with the Contract Documents, and e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2 Reference is made to the Supplementary Conditions for identification of: ' 4.2.1 those reports of the site which have been Documents. Bidder may r' 'in such reports but not contained therein or for or construction. explorations and tests utilized by Engineer in ≥ly upon the accuracy of upon non -technical data, the completeness thereof of subsurface conditions at preparation of the Contract the technical data contained interpretations or opinions for the purposes of bidding 1 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. 1 Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information 1 2-3 Instructions to Bidders and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Proa lions concerning responsibilities for the adequacy of data furnjshecC to prospective Bidders on subsurface conditions, Underground Aci',ilids and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in paragraphs 4.2 and x'-4:3 ce?\the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. r 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the ' site to its former condition upon completion of such explorations. 4.7 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate any convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by 1 2-4 1 Instructions I. to Bidders formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding,Documents as deemed advisable by Owner or Engineer. ' 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an ' amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of paragraph 5.1 of I. the General Conditions. The bid security shall be placed in a marked, sealed envelope and securely fastened to the outside of the sealed Bid. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful ' Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 7. CONTRACT TIME. The numbers of days the Work is to be substantially complet final payment (the Contract Time) are Agreement. 8. LIQUIDATED DAMAGES. Provisions for forth in the Agreement. within which, or the dates by which, ed and also completed and ready for set forth in the Bid Form and the liquidated damages, if any, are set 9. SUBSTITUTE OR "OR -EQUAL" ITEMS. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Substitute or "or equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer. Application for acceptance of substitute or "or equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the Project Requirements. I10. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner nor shall the 2-5 Instructions , to Bidders Contractor allow such Subcontractor to commence Work until he has provided and obtained approval of such compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 10.2 The Contractor will be required to furnish the names of Subcontractors , and the amounts of their subcontracts as required by Act 183, Arkansas Acts of 1957. The subcontracts may be for mechanical, electrical, roofing and sheet metal work. Subcontract amounts must be submitted on a separate list in a sealed envelope and must accompany the Bid Form. The Subcontractor's name and license number shall appear on the outside of the sealed envelope. Subcontractors must be licensed according to the laws of the State of Arkansas. 11. BID FORM 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. ✓ 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS. Bids shall be submitted at the time and place ' indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the 2-6 1 Instructions to Bidders place where Bids are to •be submitted at any .time prior to the opening of Bids. 13.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and • the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly. A tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after preparation by the Engineer. ' 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance .for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 16. AWARD OF CONTRACT ' 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an I. award to that Bidder, whether because the Bid .is not responsive or the Bidder • is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and ' such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 1 16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. • 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, 2-7 Instructions to Bidders qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the day of the Bid opening. 17. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. , 18. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidders who submit Bids in excess of $20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. 20. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. ' 21. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor, if available, shall be used. The Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provision of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. 2-8 1 Instructions to Bidders The Contractor and Subcontractor shall: N.. 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. 2) post the scale of wages in a prominent and easily accessible place at the site of the Work. w3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all • reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. I!. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required. by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been or is being paid a rate of wages less than the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate his right to proceed with the Work or such party of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. 22. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on materials and equipment brought into the state. It further provides for methods of collecting said taxes. All provisions of this Act will be complied with under this Contract. 23. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or nonresidents of Arkansas. 24. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162, ARKANSAS ACTS OF 1987. The attention of all NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Department of Finance and Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under any contract within the State of Arkansas. I I 2-9 B I D WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the CITY OF FAYETTEVILLE, ARKANSAS I Plans No. Fy-200 Dated October 1990 ' Board of Directors City of Fayetteville 113 West Mountain, Room 307 II Fayetteville, Arkansas 72701 To the Board of Directors: 1. The undersigned Bidder proposes and into an agreement with Owner in the perform and furnish all Work as Documents for the Contract Price and Bid and in accordance with the of Documents. agrees, if this Bid is accepted, to enter form included in the Contract Documents to specified or indicated in the Contract within the Contract Time indicated in this ier terms and conditions of the Contract 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation • those dealing with the disposition of Bid security. This Bid will remain • subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within ten days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Date Number 1 I2c7i and such addenda are attached to the Bid. I 5-1 b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and 1 Regulations that in any, manner may affect cost, progress, performance or furnishing of the Work. c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General 1 Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. I. d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in c above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, ' investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. ' g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited -or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 5-2 i I 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid bond or certified or cashier's check for EyhYPan r% U. hd . ($ y8100o,00 )• 5. The Bidder will complete the Work for the following unit and lump sum prices: Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 1. 1,675 Linear Feet, 12" Water Line Pipe, DIP or(CV at the Contractor's option*, complete in place fort sit4vu5aoj5rx hand✓&VEf htytvp Twent Pe dollars (2197 )/L.F. $L}4/o82,25 ' (Dollar Amount Written in Words7) (Figures) (Total In Figures) 2. 11,550 Linear eet, 8" Water Line Pipe, ' DIP or PCVat the Contractor's option*, complete in place 0 ehanfr/NntyCryhftbrjsUnc/f"owrhandr'd F,•venrc dollars(l7./B )/L•F• M,j9-29,00 nine, 3. 100 Linear Feet, 6" Class 51 Ductile Iron Pipe, complete in place ' Onr,Thnusan/ Dn,.4a01 PJf�.7vone dollars(//;t/../ )/L.F. /%y-f0p 4. 167 Linear Feet, 16" Steel Casing ' (3/8" wall), including road bore, complete in place I I I I I I Xire/vr%hnusandS,. haa%rr/a/rrety /wo dollars (.%g3';/L.F. () /Z(a9Z,pO 5. 1 Each, 12" Butterfly Valve, complete in place Seven Nwndretl f'ifl 6. 12 Each, 8" Gate Valve, complete in place /J 'i thru ai7rionehQincn 7. 4 Each, 6" Gate Valve, complete in place One 7hc,sohl7wo4 ,nIYpa £;y4 y dollars(7So;pp )/Each __�� pp dollars(4.zf'0d )/Each dol tars(32O,oa )/Each 1)280.06 *Bidder shall circle the type of pipe being bid. 5-3 I I I I I 1 I I I I 1 I F I I Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 8. 1 Each, 24" x 8" Tapping Sleeve and Valve, complete in place rHndol1ars(y,5 X0,00 )/Each $ 3,,510,00 9. 1 Each, 12" x 8" Tapping Sleeve and Valve, complete in place 0na ±%n usal7r/Fi i.n hun wedgy 5evenlr one dollars(/,4-q,66o)/Each 10. 2,000 Pounds, Light -Weight (Compact) Ductile Iron Fittings, with reaction backing, complete in place Fvef77ousangIFiwe/iaviw.Oa/ dollars(z,•74 )/Lb. 11. 5 Each, Fire Hydrant Assembly, complete in place Six t4iousorn/ Twc 4unare,/ Frfty dollars(/24 p,0p)/Each 12. 4 Each, 2" Blowoff, complete in place Onathot/sun1 A.roehcrit/veO dollars(ThToo )/Each 1,30000 13. 500 Linear Feet, Crushed Stone Base (12" depth) for paved road, street, driveway and parking lot crossings, complete in place Th Noe&IWAMrec/T4t;'/l,C;re_ dollars(/ac$1 : )/L.F. ,00 14. 300 Square Yards, Asphaltic Concrete for repair of asphalt surfaces, complete in place FiveThou5ond Fnuvhundrer/ dollars(/o )/S.Y. 4 X00000 l 15. 75 Linear Feet, Class B Concrete Encasement, complete in place 4'e Gunwel dollars(12.00 )/L.F. 900,00 16. 12 Each, Tie to Existing System, complete in place I"par thaa5ond Fr�h1- kuh/vea" dol l ars(y.00,o0 )/Each Lr-,$Op,oa 5� 4 00,00 (?f000 5-4 Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 17. Lump Sum Pump Station Modifications, including pump motor and standby generator, together with all electrical and sitework, complete in place �rf'ty seven Seren hynZ-erl S;Xty ONP dollars $Y776/,Oo 1.8, 100 Square Yards, Concrete Repair for Concrete Surfaces, complete in place One fhow>4nt/ G:yhthunc/red dollars $ 0800,00 TOTAL BASE RID..........................................*I.... DEDUCTIVE ALTERNATE NO. 1 The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system ............... TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 The lowest Bidder shall he determined by the lowest -bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 5-5 Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 17. Lump Sum Pump Station Modifications, including pump motor and standby generator, together with all electrical and sitework, complete in place dollars $ TOTAL BASE BID ....•s...••..••.....04...00 ...................... $ DEDUCTIVE ALTERNATE N0. 1 The Owner may elect to his bid for this item. 17. Lump Sum Deduct to motor starter and 1 variable frequency accept Deductive Alternate No. 1. Bidder shall fill in provide an across -the -line )ressure switch in lieu of drive system ............... $ TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ......14,11,.... $ The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. T - A.mounts-_are<.to be shown --in both words and figures.- In caseeof discrepancy; -the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 90 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 5-5 Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 17. Lump Sum Electrical, complete in place R-Ffy seven tkousonal 5even Avndv,1 one dollars TOTAL BASE BID.....................................S........... DEDUCTIVE ALTERNATE NO. 1 $;af, il1Oi�1.25< The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system ............... TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ................ S31) cf, y1i, O.21, _ The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 75 calendar days after the date when the Contract. Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 5-5 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 90 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this 9th day of January , 19 91 Respectfully submitted, Arkansas License No. 90-184 (Seal, if bid is by corporation.) 5-6 J, Johnson Construction Co. Inc. (Firm Name) By�1� �C a hnnie J nson Title President (Business Aaaress & Zip Codej3, Rogers, AR 72756 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this day of , 19 Respectfully submitted, (Firm Name) Title Arkansas License No. (Business Address & Zip Code) (Seal, if bid is by corporation.) 5-6 r a BID WATER DISTRIBUTION SYSTEM IMPROVEMENTS 'for the CITY OF FAYETTEVILLE, ARKANSAS 1 Plans No. Fy-200 Dated October 1990 iBoard of Directors City of Fayetteville 113 West Mountain, Room 307 Fayetteville, Arkansas 72701 To the Board of Directors: ' 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation '• those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within ten days after the date of Owner's I. Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the ' Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the ' following addenda (receipt of which is hereby acknowledged) Date Number /—Oa-4/ 4 and such addenda are attached to the Bid. 5-1 I L I I I I I I I I I b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c) Bidder has studiedcarefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in c above) which pertain to the subsurface. or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e) Bidder has rev-iewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. h) This Bid is genuine undisclosed person, with any agreement corporation; Bidder any other Bidder to or induced any pers Bidder has not sougF any other Bidder or and not made in the interest of or on behalf of any firm or corporation and is not submitted in conformity or rules of any group, association, organization or has not directly or indirectly induced or solicited submit a false or sham Bid; Bidder has not solicited on, firm or corporation to refrain from bidding; and t by collusion to obtain for itself any advantage over over Owner. ' 5-2 t 4. The following documents are attached to and made a condition of this Bid. ' Required Bid Security in the form of bid bond or certified or cashier's check for S/ 6/ Aid ($ ) • 5. The Bidder will complete the Work for the following unit and lump sum prices: Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 1. 1,675 Linear Feet, 12" Water Line Pipe, ' DIP or PVC at the Contractor's ' option*, complete in place 7;�rwj a zo, dollars(/94!)/L.F. $ ' (Dollar AmaOunt Written in Words) (Figures) (Total in'Figures) 2. 11,550 Linear Feet, 8" Water Line Pipe, DIP r PVC at the Contractor's ' option*, complete in place /if/eex / d��idollars(/S& )/L.F. 1740?Ocr' 3. 100 Linear Feet, 6" Class 51 Ductile Iron Pipe, complete in place ' ≤Pc*.tc_ /i/o,/,a' dollars( 7m° )/L.F. 7O7oo 4. 167 Linear Feet, 16" Steel Casing _ ( (3/8nwall), including road bore, complete in place I. ,iJ1_/it/irn7 i/irn7 dollars( 9U )/L.F. 5. 1 Each, 12" Butterfly Valve, complete in place ' ex.aJ (�,�v^�r/I4j&n dollars( 7c"f)/Each • 6. 12 Each, 8" Gate Valve, i complete in place • flurscalavcs-&c&.. a jNh4o dollars( Seg)/Each $/coce • 7. 4 Each, 6" Gate Valve, completeinplace '%/rD�uat %eci Sj% nve f, 1pv dollars( &,S` -`)/Each VV *Bidder shall circle the type of pipe being bid. ' 5-3 I I I. I I. I i I 1 Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 8. 1 Each, 24" x 8" Tapping Sleeve and Valve, complete in place dollars(/Zf4S �/Each $ Sf Lc0' 9. 1 Each, 12" x 8" Tapping Sleeve and Valve, complete ""��in place UU441A„A,d4A&.4 f lvo/tE dollars(fQs )/Each 10. 2,000 Pound, Light -Weight (Compact) Ductile Iron Fittings, with reaction backing, complete nn in place - f) r #7100 dollars( /7a )/Lb. l�yjp° 11. 5 Each, Fire Hydrant Assembly, complete in place - Ale- dollars( /i04.1)/Each 12. 4 Each, " Blowoff, complete in place CP_ ku. 44,LeA .� f iJ�/,� dollars(t5wff )/Each 13. 500 Linear Feet, Crushed Stone Base (12" depth) for paved road,. street, driveway and parking lot crossings, complete in place SiX fo/iuv dollars( lo"°O )/L.F. _ LYXj 14. 300 Square Yards, Asphaltic Concrete for repair of asphalt surfaces, complete in place 15. 7J�cie 1 No 1Qv dollars( �$o; )/S.Y. Linear Feet, Class B Concrete Encasement, complete in place 1 p N,i �sn dollars( eCe )/L.F. r87S`K 16. 12 Each, Tie to Existing System, complete in place dollars( aD /Each I V 5-4 ADDENDUM NO. 2 WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the City of FAYETTEVILLE, ARKANSAS Plans No. Fy-200 Dated October 1990 The Specifications and Contract Documents for the above project are hereby changed, amended or clarified in the following particulars: SECTION 5 - BID Pages 5-5 and 5-6 enclosed taping or stapling) over ti Specifications and Contract enclosed shall be used when is added.) SECTION 1200 - METHODS OF shall be permanently affixed (by ie pages 5-5 and 5-6 bound in the Documents. The pages 5-5 and 5-6 submitting Bid. (Bid Item No. 18 AND PAYMENT On page 1200-3, Bid Item No. 18 is added and shall read as follows: Bid Item 18 - Concrete Repair Payment for concrete required for the repair of driving surfaces shall be made in accordance with the unit price bid per square yard, complete in place. The price bid shall include every item of work required for preparation of the area to be paved, including the compaction of crushed limestone base. The crushed limestone base shall be compensated for under the SB-2 crushed limestone item of the Bid. Limits of areas to be compensated for shall be determined by the Engineer. Payment will be made in accordance with prescribed removal as shown on the Plans and as specified. t. t_ .7 Item Estimated Description of Item and Unit or Lump Sum Price Bid No. Quantity 17. Lump Sum Pump Station Modifications, including pump motor and standby generator, together with all electrical and sitework, complete in place S ,ct„ ,us mod, ,�d� 1A101Aa dollars 1.8. 100 7µj Iwo/'%D Square Yards, Concrete Repair for Concrete Surfaces, complete in place dollars4'sj $ TOTAL BASE RID .................................................. $ DEDUCTIVE ALTERNATE NO. 1 Total Amount The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system ............... $ .¢'?OO OO TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ................ $ The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several, kinds called for. 5-5 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 90 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this 9 {% day of , 19_g. Respectfully submitted, Name) (°1�"i Llie!/J Tires (Firmame) By Title 7� Arkansas License No. 9O-3 7.sb (Seal, if bid is by corporation.) og & (Business dress dip o e 5-6 ADDENDUM NO. 1 WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the City of FAYETTEVILLE, ARKANSAS .Plans No. Fy-200 Dated October 1990 The Specifications and Contract Documents for the above project are hereby changed; amended or. clarified in the following particulars: - SECTION 5 - BID Page 5-5 enclosed shall be permanently affixed (by taping or stapling) over the page 5-5 bound in the Specifications and Contract Documents. The page 5-5 enclosed shall be used when submitting Bid. (Bid Item No. 17 wording has been clarified; and calendar days to complete the work has been changed from 75 to 90.) SECTION 6 - CONTRACT On page 6-2, in the first paragraph on the page, change the calendar days to complete the work from seventy-five (75) to ninety (90). SECTION 852 - SOUTH MOUNTAIN PUMP STATION MODIFICATIONS New Section 852 enclosed shall be incorporated into the Specifications and Contract Documents. SECTION. 1125 - VARIABLE FREQUENCY DRIVE Under paragraph B, MATERIALS, the first sentence shall be changed to read: "An A.C. motor variable torque variable frequency drive shall be furnished." SECTION 1128 - PUMP MOTOR New Section 1128 enclosed shall be incorporated into the Specifications and Contract Documents. SECTION 1200 - METHODS OF MEASUREMENT AND PAYMENT On page 1200-3, Bid Item No. 17 is clarified and shall read as follows: Bid Item 17 - Pump Station Modifications This item includes the furnishing and installation of a 50 Hp motor and diesel powered generator, together with transfer switch, and all electrical work and controls as detailed on the Plans and described in these Specifications. This item shall also include all sitework necessary for a complete installation. Payment shall be in accordance with the lump sum price bid under this item of the Bid. January 2, 1991 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 (501)443-3404 C F! i Item Estimated No. Quantity 17. Lump Sum Description of Item and Unit or Lump Sum Price Bid Total Amount Pump Station Modifications, including pump motor and standby generator, together with all electrical and sitework, complete in place dollars $ TOTAL BASE BID ........................ . . . . . . . . . . . . . . . . . . . . . . . . . $ DEDUCTIVE ALTERNATE NO. 1 The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system ............... $ TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ................ $ The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are, to be_shown in both words and figures. In case of discrepancy,. the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 90 calendar days after the' date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 5-5 TECHNICAL SPECIFICATIONS SOUTH MOUNTAIN PUMP STATION MODIFICATIONS A. GENERAL Section 852 Pump Station Mod's. The• work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the construction of the South Mountain Pump Station Modifications. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS AND EXECUTION The station is now equipped with four pumps, all of which are to remain. Pump No. 4 is now powered by natural gas engine. This natural gas engine and all natural gas piping shall be removed. (Natural gas engine shall be delivered to the City of Fayetteville warehouse on Cato Springs Road.) The 50 horsepower motor shall be installed as specified elsewhere in these Specifications. Modifications are described in part as follows: Change existing 240 volt service to 277/480 V. Rewiring of controls for 480 volt primary. Installation of new starting equipment with associated control wiring as specified and as shown on the Plans. New 400A main section breaker. New diesel powered standby generator, together with automatic transfer switch, and all required electrical work. Sitework for this modification will include the installation of a concrete pad for the generator -which will require the removal and replacement of existing chain link fence, repair of surface by compaction of backfill, and placement of gravel on areas now having gravel. 852-1 Y. Nil" \Y TECHNICAL SPECIFICATIONS PUMP MOTOR A. GENERAL Section 1128 Pump Motor The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the installation of a pump motor. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. B. MATERIALS AND EXECUTION The Contractor shall furnish and install a totally -enclosed fan -cooled 50 horsepower motor, operating at 3,550 RPM on three-phase, 60 cycle, 460 volts. It shall be of nationally recognized manufacture, with NEMA Type B, Class F insulation, and shall have a service factor of 1.15. Motor shall be equipped with appropriate frame for installation as shown on the Plans. Motor furnished shall be compatible with the variable frequency drive specified. 1128-1 I I I I I I 6. The Bidder agrees that the Water Distribution System Improvements be placed in ' operation and all work completed within 75 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. ' 5-5 Item Estimated Description of Item and Unit or Lump Sum Price Bid No. Quantity 17. Lump Sum Electrical, complete in place dollars $ TOTAL BASE BID ................................................. $ DEDUCTIVE ALTERNATE NO. 1 The Owner may elect to accept Deductive Alternate No. 1 his bid for this item. 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system ............... $ Total Amount Bidder shall fill in TOTAL. BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ................ $ The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy., the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this y day of ,- , 19 q / ' Respectfully submitted, (Firm Name4i I By U 1 a Title Arkansas License No. 90 -≥7•S'?> $S3 ( 42 I. (Business Address & Zip uod (Seal, if bid is by corporation.) L I I I I Li I .1 5-6 I I I I I 2.2 Complete sets of Bidding Documents must be used in preparing Bids; ' neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents ih the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer. I I I I I I I 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must submit with his Bid the foll-owing statement of Bidder's qualifications: STATEMENT OF BIDDER'S QUALIFICATIONS — - (To be submitted with and attached to Bid.) All questions must be- answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1) Name of Bidder. *CC.rtf1t.n Frf(,-] pTLt9C 5. L(1C 2) Permanent main office address. 90 _DICLtu0jt (ILO ) • , / Thu ( �I'eL �(C� P - C 3) When organized. l CP d I' 1C 4) If a corporation,.where incorporated. 1yi V n'T7") I 2-1 Instructions to Bidders 5) How many years have you been engaged in they contracting business under your present firm or trade name? 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7) General character of work performed by your company. IPnt('Ccn t 8) Hav you ever failed to complete any work awarded to you? 9) Have you ever defaulted on a contract? If so, where and why? 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11) List your major equipment available for this contract. 1(P , t,( �PI(L,L�� Q LLLI�niCl(I r� Ill auo(J(� 12) Exper'enc in construction of water system improvements similar in size to this project, along with project owners and engineers. 13) Background and experience of the principal members of your organization, including the officers. 14) Credit available: $ ' 15) Give bank reference: Pi(llnL6(1 ( L1(i( 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Dated at f'(Lcth2L`LLL( (tgV)oI1')Clt�) this _(� day of�IQZ/ L t 19 Q ( Name of Organization: fcot1YL.n ant( (i� L1( _ , By/ Title State of Ni h(Ln')U 17 ) County of "I 71 WY rY'IC 1 tR O�Q (Lf LChtn iCu1 being duly sworn deposes and says that he (she) is the Prully((r rlf of uu`ni-i 11' on (n(( Z(yZl JL'Y Lilt , Contractor(s), and that answers to the foregoing 2-2 1 1 I I I U I Instructions to Bidders questions and all statements therein contained -are true and correct. Subscribed and sworn before me this ___ day of 19Qi.. My commission expires ( vl Y (Seal) Nota Each Bid must contain evidence of Bidder's qualifications the state where the project is located or covenant qualification prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE , 4.1 It is the responsibility of each Bidder before submitting a Bid, to a) examine the Contract Documents thoroughly, b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c)•consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, d) study and carefully correlate Bidder's observations with the Contract Documents, and e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2 Reference is made to the Supplementary Conditions for identification of: ' 4.2.1 those reports of explorations and tests the site which have been utilized by Engineer in Documents. Bidder may rely upon the accuracy of ' in such reports but not upon non -technical data, contained therein or for the completeness thereof or construction. of subsurface conditions at preparation of the Contract the technical data contained interpretations or opinions for the purposes of bidding ' 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. ' Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is I. entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information _' 2-3 Instructions to Bidders and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in paragraphs 4.2 and , 4.3 of_the General Conditions. 4.5 _Yefore submitting a Bid, each Bidder will, at Bidder's own expense, make pr'ntitain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.7 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate any convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by 2-4 ' Instructions to Bidders ' formal written Addenda wi.l,l be binding. Oral. and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of paragraph 5.1 of the General Conditions. The bid security shall be placed in a marked, sealed envelope and securely fastened to the outside of the sealed Bid. '6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable ' chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by such Bidders will • be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 7. CONTRACT TIME. The numbers of days within which, or the dates by which, ' the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. ' 8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE OR "OR -EQUAL" ITEMS. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or ' "or -equal" items. Substitute or "or equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer. Application for ' acceptance of substitute or "or equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 ' of the General Conditions and may be supplemented in the Project Requirements. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner nor shall the 2-5 Instructions to Bidders Contractor allow such Subcontractor to commence Work until he has provided and obtained approval of such compensation and public liability insurance as , may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 10.2 The Contractor will be required to furnish the names of Subcontractors ' and the amounts of their subcontracts as required by Act 183, Arkansas Acts of 1957. The subcontracts may be for mechanical, electrical, roofing and sheet metal work. Subcontract amounts must be submitted on a separate list in a sealed envelope and must accompany the Bid Form. The Subcontractor's name and license number shall appear on the outside of the sealed envelope. Subcontractors must be licensed according to the laws of the State of Arkansas. 11. BID FORM 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address ' and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS. Bids shall be submitted at the time and place , indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the 2-6 ' ' Instructions to Bidders place where Bids are to :be submitted at any?- Time prior to the opening of ' Bids. 13.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be 1 disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly. A tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after preparation by the Engineer. ' 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the.Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to '•that date. 16. AWARD OF CONTRACT ' 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. - 16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and ' such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, 2-7 Instructions to Bidders qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder 1 a Notice of Award within 60 days after the day of the Bid opening. 17. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 18. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidders who submit Bids in excess of ?20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. ' 20. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. , 21. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor, if available, shall be used. The Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provision of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. 2-8 1 Instructions to Bidders The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. 2) post the scale of wages in a prominent and easily accessible place at the site of the Work. ' 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. ' The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by I. such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor ' has been or is being paid a rate of wages less than the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate his right to proceed with the Work or such party of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. ' 22. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on materials and equipment brought ' into the state. It further provides for methods of collecting said taxes. All provisions of this Act will be complied with under this Contract. 23. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and ' withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or nonresidents of Arkansas. I [J I 24. COMPLIANCE WITH RULES . AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162, ARKANSAS ACTS OF 1987. The attention of all NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas, Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Department of Finance and Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under any contract within the State of Arkansas. 1 2-9 I I I I I I I I I I. I [1 F I I I I BID WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the CITY OF FAYETTEVILLE, ARKANSAS Plans No. Fy-200 Dated October 1990 Board of Directors City of Fayetteville 113 West Mountain, Room 307 Fayetteville, Arkansas 72701 To the Board of Directors: I 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms Invitation to Bid and Instructions those dealing with the disposition subject to acceptance for sixty days sign and submit the Contract AgreE required by the bidding requirements Notice of Award. and conditions of the Advertisement or to Bidders, including without limitation of Bid security. This Bid will remain after the day of Bid opening. Bidder will ment with the Bonds and other documents within ten days after the date of Owner's 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Date (Wn1u m no . I Number Ao.a and such addenda are attached to the Bid. I 5-1 I I I I I I I I Li I 1 I 1 b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in c above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of theWork as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 1 MA 4. The following documents are attached to and made a condition of this Bid. ' Required Bid Security in the form of bid bond or certified or cashier's check for LLLP PenL II o, bid ($ ), 5. The Bidder will complete the work for the following unit and lump sum prices: ' Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 1. 1,675 Linear Feet, 12" Water Line Pipe, IP or PVC at the Contractor's option*, complete in place • 1 I((Vt U i -, O fDdollars( Iq �)/L.F.. (Dollar Amount Written in ords) (Figures) (Total in Figures) 2. 11,550 Linear Feet, 8" Water Line Pipe, IP or PVC at the Contractor's option*, complete in place LLULIW'' PLI��C� l LD dollars(/[F. '• 3. 100 Linear Feet, 6" Class 51 Ductile Iron Pipe, complete in place , n dollars( pub')/L,F. I I I I I I I I 4. 167 Linear Feet, 16" Steel Casing (3/8" wall), including road nI bore, complete in place dollars( )/ L.F. 5. 1 Each, 12" Butterfly Valve, ryy I' complete in place p t)qT i� L�LtnQdJ dollars( M/ )/Each 6. 12 Each, 8" Gate Valve, OO ,! complete in place 7 �� �US(i�Md el .y dollars ( X79 I)/Each 7. 4 Each, 6" Gate Valve, ,n complete in place 2 ('� U iLd {�L ZQd'-U(Rj LLP dollars(.d�900 )/Each *Bidder shall circle the type of pipe being bid. I 5-3 - J F Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 8. 1 Each, 24" x 8" Tapping Sleeve andY1V�afve, complete in place/'rO ft/I Rof 1LLIlC(J(1C� dollars(O r/)/Each $ I 9. 1 Each, 12" x 8" Tapping Sleeve and Valve, comrlete in place or1Q �Yl�I'7CLnd Me r�l u�C�rt�'Ci ()Lrvb p,LLQ dollars( (,1G'/)/Each 10. 2,000 Pounds, Light -Weight (Compact) Ductile Iron Fittings, with reaction backing, complete in // �' d` place pl/ C I x.� r..,b KLW C ItD dollars( I1)/Lb. 11. 5 Each, Fire Hydrant Assembly, complete in place Cf 1P thOLl')(cnCi kGLLYCyO Each Vlf i naTLeb �L. Cu" dollars( 12. 4 Each, 2" Blowoff, complete in place 1 13 Li I O tLufi hL) n t ft( dollars(4V5)/Each 500 Linear Feet, Crushed Stone Base (12" depth) for paved road, street, driveway and parking lot crossings, complete in place Q� dollars( _/ )/L.F. 14. 300 Square Yards, Asphaltic Concrete for repair of asphalt surfaces, complete in place fLflPilorl nLnptLj 1 LtQ Carly dollars( 15. 75 Linear Feet, Class B Concrete Encasement, y complete in place Lh.(TItL-j btLLP dollars( 16. 12 Each, Tie to Existing System, complete in place Crimicu'YTLnii U `— P {ZLl!"1C11LQCr dollars(L)0q/Each tl,11 ow I,Loa60' (b,CGOcC 5-4 W- "�'- .TAN-117.,�i'91 11F:nH 1i1:M IAl Y INS TFI Nn:5A1 44.1-43411_ ; I ,N • ate Item tuantied Quantit y Qty Description of Item and Unit or Lump Sum Price Di -d • 17. Lump Sum Pump Station Modifications, including pump motor -and standby generator, together with all electrical and sitework, complete in place Total Amount 'tortLJ U alra Kam' dollars t IoiMD� I.B. 100 Square Yards, Concrete Repair for Concrete Surfaces, completes r place "C1Lf1Q `rllft LX+ "jpl 1q G'dollars $ GG TOTAL BASE RID oltito6� ................................................. DEDUCTIVE ALTERNATE NO. 1 The Owner may elect to accept Deductive Alternate No. 1, Bidder shall fill in his bid for this item, 17, Lump Sum Deduct to provide an across -the -line motor starter and pressure switch In lieu of 4 �C variable frequency drive system. ............... $ TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. I The lowest. Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reiect any or all bids and to waive any informalities in the bidding. Unit quantities are not. guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prirPc shall include all labor, materials, bailing, shoT'iny, removal, overhead, profit, insuranrr, etc., to cover the finished work of the several kinds called for. 5-5 El Item Estimated Description of Item and Unit or Lump Sum Price Bid Total ' No. Quantity 1 Amount 7. Lump Sum Electrical, complete in place dollars $ I TOTAL BASE BID ................................................. $ DEDUCTIVE ALTERNATE NO. 1 The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system ............... $ TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ................ $ I. The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the ' amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 75 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. I 5-5 ay --- ----- - a JAH-07 t %n5: 7 IU.h1 i,J 1' IN T L N :5�1 443 4�4© 5 F•5 : ' - \ m.. f .R 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 9D calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time, 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions, Submitted this qtn day of OJ1_L"", 19 Respectfully submitted, Strrtn tnLL9rxc (Firm Name) 6 Title kIQ ti1aI I` Arkansas License No. (Seal, if bid Is by corporation,) t7itfrt(ILLQi' (Business Address 6 Zip Code) It ti •c'F 1 '� y 5 2 5-6 A 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this day of , 19 ' Respectfully submitted, (Firm Name) By Title Arkansas License No. (Seal, if bid is by corporation.) (Business Address & Zip Code) OM I St - Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are • defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to them in •the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer. 2.2 Complete sets of :Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding S Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. ' 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must submit with his Bid the following statement of I. Bidder's qualifications: STATEMENT OF BIDDER'S QUALIFICATIONS 1 (To be submitted with and attached to Bid.) All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he,desires. 1) Name of Bidder. LW Ca,,/5T to 2) Permanent main office address. Rie"I / �� vz�E�` z?� I 3) When organized. I0rb iT 4) If a corporation, where incorporated. I 2-1 I Instructions to Bidders 5) How many years have you been engaged in the contracting business under your present firm or trade name? c 6) Contracts on hand. (Schedule these, showing amount of each contract and the apprriate anticipated dates of completion.) SEEarr "P $ 7) General character of work performed by your company. uriz1T��cosJe� 0 8) Have you ever failed to complete any work awarded to you? ^N'P , 9) Have you ever defaulted on a contract? If so, where and why? NO AS 10) List the more important projects recently completed by your company, sStaatti a�prx� iimmate cost for each, and the month and year completed. 11) List your major equipment available for this contract. rA c/ 1.?cek Hoc 2 cW5c noK q# eltHoe: CASE too, 2. t%- P TF ccs,6TL 12) Experience in construction of water system improvements similar in size to this project, along with project owners and engineers. 13) Background and experience of the principal members of your organization, including the officers. 5[ Ht179c,1ED 0Hh 14) Credit available: $ /ol, DOD. 15) Give bank reference: 0kLt wce 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? ,lam Dated at F,4i/«, AR this q'r day of , 19 q 1 Name of Organization: C W CtkN,rpb T-Io ✓ (2 D By ry 1O C to 60Ac,85 State of C1rkan ,&S County of (jdri� n,n Qocnbs says that he (she) is the Title ,kyJ) JERK being duly sworn deposes and n111L (' of �) , Contractor(s), and that answers to the foregoing PM 1 1 1 1 1 1 C.W. Construction ° ,Charles W. Combs..:- ��4Do1a (0 r Go�/ae 1p SAn1 G I e /0 cvo iaq DW5 7o ccefA 6✓4<„,a' 640O 4 >9Y5 70 tea- Jxa�i� lffza & +2- /, a'oa /fD wotzx-•t,4 tZWt5 fl' eo�iX TE ID ,4q,,a 14"Z w4r�7 Tu J LiY eic GS,aoc) i ( wK3YbT2 ltc2LY>¢fl Glr}5rf, 7Ly✓ 7E- j9t)Y13Z,T - fl OO6 F.fli C- I ) C-' G 5,1b u i ✓r} uvK% ,16#r5 G Dag 3��.cti' w3tt^+ Race * era, A0 v F/rnr#4 r w 9 (5 AJ &✓ r ,mac / sz ode) Rst °D4[-.'- TThOi'J 9FbTZw97rJL- Crrr of ,z o . 3 &W COn r'J 5 ,z'lf y'f25 Co STm�<710 fti* J-CDs,ra5 flukE /51Y- is / 69ThG m4 N•g F,e ry e. ✓, c y 1= r G err Tht& J2Dr3 wt f l /3 DorvC, 30..E or— rH, &2,, CCC� c5ic e,a 4L- Li jr /7 Tn—r /7 9o-Sa9 Route 7 Ed Edwards Road • Fayetteville, Arkansas 72701 • (501) 442-8868 • ••Instructions to Bidders atements therein contained are true and correct. • ' • • '.1' ,. •� before me this � day of (� `. S ` `Rn Notary Public �..� 1`"�Tf �fJ�X `l`t My commTsi�bne Aires (Seal) Each Bid must contain evidence of Bidder's qualifications to do business in the state where the project • is located or covenant to obtain such qualification prior to award of the contract. ' 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to a) examine the Contract Documents thoroughly, b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, d) study and carefully correlate Bidder's observations with the • Contract Documents, and e) notify Engineer of all conflicts, errors or I. discrepancies in the Contract Documents. 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 those reports of the site which have been Documents. Bidder may ri in such reports but not contained therein or for = or construction. explorations and tests of subsurface conditions at utilized by Engineer in preparation of the Contract fly upon the accuracy of. the technical data contained upon non -technical data, interpretations or opinions the completeness thereof for the purposes of bidding 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. 1 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information 1 2-3 Instructions to Bidders and data furnished to Owner and Engineer by owners of, such. Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the. adequacy.- O data furnished to prospective Bidders on subsurface coriditi.ons.,::-underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.7 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate any convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by 2-4 1 Instructions to Bidders formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. I. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer, t6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of paragraph 5.1 of the General Conditions. The bid security shall be placed in a marked, sealed envelope and securely fastened to•the outside of the sealed Bid. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after .the Bid opening. 7. CONTRACT TIME. The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set - forth in the Agreement. 1 I 1 9. SUBSTITUTE OR "OR -EQUAL" ITEMS. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Substitute or "or equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer. Application for acceptance of substitute or "or equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement: The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the Project Requirements. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner nor shall the I 2-5 Instructions to Bidders Contractor allow such Subcontractor to commence Work until he has provided and obtained approval of such compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 10.2 The Contractor will be required to furnish the names of Subcontractors , and the amounts of their subcontracts as required by Act 183, Arkansas Acts of 1957. The subcontracts may be for mechanical, electrical, roofing and sheet metal work. Subcontract amounts must be submitted on a separate list in a sealed envelope and must accompany the Bid Form. The Subcontractor's name and license number shall appear on the outside of the sealed envelope. Subcontractors must be licensed according to the laws of the State of Arkansas. 11. BID FORM ' 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS. Bids shall be submitted at the time and place , indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the 2-6 1 • Instructions to Bidders place where Bids are to be submitted at any. time prior to the opening of Bids. 1 13.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly. A tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after preparation by the Engineer. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to • assist in the evaluation of any Bid and to establish the responsibility, 2-7 Instructions to Bidders qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 If the contract. is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the day of the Bid opening. 17. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 18. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidders who submit Bids in excess of 420,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. 20. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. 21. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor, if available, shall be used. The Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provision of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. 2-8 i ' Instructions to Bidders I4The Contractor and Subcontractor shall: I. 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. 2) post the scale of wages in a prominent and easily accessible place at the site of the Work. ' 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. The Owner shall have the right to withhold from amounts due the Contractor so tmuch of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by 1. such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been or is being paid a rate of wages' less than the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate his right to proceed with the Work or such party of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. 22. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on materials and equipment brought into the state. It further provides for methods of collecting said taxes. All provisions of this Act will be complied with under this Contract. 23. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and ' withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or nonresidents of Arkansas. 24. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162, ARKANSAS ACTS OF 1987. The attention of all NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Department of Finance and Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under any contract within the State of Arkansas. I 2-9 1 I RID WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the CITY OF FAYETTEVILLE, ARKANSAS 1 Plans No. Fy-200 Dated October 1990 i Board of Directors • City of Fayetteville 113 West Mountain, Room 307 Fayetteville, Arkansas 72701 To the Board of Directors: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract • Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents • required by the bidding requirements within ten days after the date of Owner's Notice of Award. 3.. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Date Number ohs ( 1 • and such addenda are attached to the Bid. I. 5-1 1 1, b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General I. Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in c above) which pertain to the subsurface or physical conditions at the site or otherwise may affect, the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate •location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to said Underground Facilities are or will be required by Bidder • in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies, that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. 1 h) This Bid is genuine undisclosed person, with any agreement corporation; Bidder any other Bidder to or induced any pers Bidder has not sougi any other Bidder or and not made in the interest of or on behalf of any firm or corporation and is not submitted in conformity or rules of any group, association, organization or has not directly or indirectly induced or solicited submit a false or sham Bid; Bidder has not solicited on, firm or corporation to refrain from bidding; and t by collusion to obtain for itself any advantage over over Owner. 5-2 I 4. The following documents are attached to and made a condition of this Bid. ' Required Bid Security in the form of bid bond or certified or cashier's check for v"- epwo.�,Py�,((11�;�� 1 5. The Bidder will complete the Work for the following unit and lump sum prices: ' Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 1. 1,675 Linear Feet, 12" Water Line Pipe, ' DIP or PVC at the Contractor's option*, complete in place dollars( 20, )/L.F. $ 33160Q (Dolla4V Amount Written in Words) (Figures) (Total in Figures) 2. 11,550 Linear Feet, 8" Water Line Pipe, DIP or PVC at the Contractor's option*, complete in place dollars( //f, )/L.F. //,/, %O, ' 3. 100 Linear Feet, 6" Class 51 Ductile Iron Pipe, complete in place dollars( "4.. )/L.F. `, pica 4. 167 Linear Feet, 16" Steel Casing I(3/8" wall), including road bore, complete in place dollars( %. )/L.F. /6,D30. 5. V1 Each, 12" Butterfly Valve, complete in place ' cJp4 e_ dollars( 1e2OO, )/Each / , ZOO, 6. 12 Each, 8" Gate Valve, ' complete in place ��u ��",,�QuQ�zy dollars( i}50,)/Each �O ' 7. 4 Each, 6" Gate Valve, complete in place I41ci.� } ,LQ � � dollars( 26,)/Each / 30 1 *Bidder shall circle the type of pipe being bid. 5-3 I I I. Item Estimated Total Description of Item and Unit or Lump Sum Price Bid No. Quantity Amount 8. 1 Each, 24" x 8" Tapping Sleeve and Valve, complete in place t�L_"_r7 Q J/ rx� dollars(.310O. )/Each $ 3, 1064, 9. / 1 Each, 12" x 8" Tapping Sleeve and Valve, complete in place dollars( J2SQ, )/Each % 2 -LL 1. 10. 2,000 Pounds, Light -Weight (Compact) Ductile Iron Fittings, with reaction backing, complete in place jkc.c. dollars(',Op )/Lb. 4,900. 11. 5 Each, Fire Hydrant Assembly, complete in place e),Q I e 0 � dollars(Ja1Q, )/Each 12. 4 Each, 2"Blowoff, complete in place f}�,, �Q •YQ dollars(/¢1t, )/Each 11 13. 500 Linear Feet, Crushed Stone Base (12" depth) for paved road, street, driveway and parking lot crossings, complete in place dollars( f )/L.F.1. 14. 300 Square Yards, Asphaltic Concrete for repair of asphalt surfaces, complete in place dollars( ,2O, )/S.Y. (P�LMO 15. 75 Linear Feet, Class B Concrete Encasement, complete in place dollars( ,ZO, )/L.F. 1,��20 16. 12 Each, Tie to Existing System, complete in place 2 �_ jj wjL dollars( 421)1)/Each (,10a ' 5-4 Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 17. Lump Sum Pump Station Modifications, including pump motor and standby generator, together with all electrical and sitework, complete in place ._d.,,9' _;- e_{ •w.2.4P .-C ci dollars $ to ), 5''5 'Z 18. 100 Square Yards, Concrete Repair for Concrete Surfaces, complete in place 1d dollars $ 2,ocO, TOTAL BASE BID ................................................. $ DEDUCTIVE ALTERNATE NO. 1 The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system ............... $ log I} TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ................ $ The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. . The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 5-5 t r I Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 17. Lump Sum Electrical, complete in place dollars S TOTAL BASE BID ................................................. $ DEDUCTIVE ALTERNATE NO. 1 The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system $ 1 TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ................ $ The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will -be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 75 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. I I 5-5 r y>-! IF f ' 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 90 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the`General Conditions. Submitted this 9. day of 19 ( . Respectfully submitted, (2 tc) co.�S�� lv.� e -o (Firm Name) 1<P ae— By LJ Corn -OS Title o&gt2EZT? pltP 7 Arkansas License No. gp (o 3 ��d�E'r7% '72`7OI ( usiness ress & tip Code) (Seal, if bid is by corporation.) 5-6 7 L'' Communications concerning this Bid shall be addressed to the address of Bidder indicated below. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this day of , 19 Respectfully submitted, Arkansas License No. (Seal, if bid is by corporation.) (Firm Name) a7 Title (Business Address & Zip Code) 5-6 T F. 1 BID WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the CITY OF FAYETTEVILLE, ARKANSAS i Plans No. Fy-200 Dated October 1990 IBoard of Directors City of Fayetteville 113 West Mountain, Room 307 Fayetteville, Arkansas 72701 To the Board of Directors: 1. The undersigned Bidder proposes and into an agreement with Owner in the perform and furnish all Work as Documents for the Contract Price and Bid and in accordance with the of Documents. agrees, if this Bid is accepted, to enter form included in the Contract Documents to specified or indicated in the Contract within the Contract Time indicated in this ier terms and conditions of the Contract 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within ten days after the date of Owner's Notice of Award. 3. In submitting this Bid; Bidder represents, as more fully set forth in the I. Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Date Number and such addenda are attached to the Bid. I 5-1 1 ADDENDUM NO. 1 WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the City of FAYETTEVILLE, ARKANSAS Plans No. Fy-200 Dated October 1990 The Specfications and Contract _Documents _f or the_above_pro ect,are..herehy_r- __-_- �_ _ changed, amended or clarified in thie'following particulars: SECTION 5 - BID Page 5-5 enclosed shall be permanently affixed (by taping or stapling) over the page 5-5 bound in- the Specifications and Contract Documents. The page 5-5 enclosed shall be used when submitting Bid. (Bid Item No. 17 wording has been clarified; and calendar days to complete the work has been changed from 75 to 90.) SECTION 6 - CONTRACT On page 6-2, in the first paragraph on the page, change the calendar days to complete the work from seventy-five (75) to ninety (90). SECTION 852 - SOUTH MOUNTAIN PUMP STATION MODIFICATIONS New Section 852 enclosed shall be incorporated into the Specifications and Contract Documents. SECTION 1125 VARIABLE FREQUENCY DRIVE Under paragraph B, MATERIALS, the first sentence shall be changed to read: "An A.C. motor variable torque variable frequency drive shall be furnished." SECTION 1128 - PUMP MOTOR New Section 1128 enclosed shall be incorporated into the Specifications and Contract Documents. JPN-2i-'5 X15: 22 ID:P'1 VI T INC TEL 110::01-443-4._;4tt. '. _) ADOfl WUN MQ Z WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the city of FAYETTEVILLE, ARKANSAS Plans No. Fy-200 Dated October 1990 4008) L3 The Specifications and Contract Documents for the above project are hereby changed, amended or clarified in the following particulars: LETIQN 5 -.. BIB Pages 5-5 and 5-6 enclosed shall be permanently affixed (by taping or stapling) over the pages 5�5 and 5-6 bound in the Specifications and Contract Deocuments, The pages 5-5 and 5-6 enclosed shall be used when submitting Bid. (Bid Item No. 18 is added.) FCTIO& 129 I 9F MEASUR01JWT_M1D FAXNEIII On page 1200-3r Bid Item No. 18 is added and shall read as follows: aid&lt@.tn i.; - C, >ncreta..Repaix Payment for concrete required for the repair of driving surfaces shall be made in accordance with the unit price bid per square yard, complete in place. The price bid shall include every item of work required for preparation of the area to be paved, including the compaction of crushed limestone base. The crushed limestone base shall be compensated for under the SS -2 crushed limestone item of the Bid. Limits of areas to be compensated for shall be determined by the Engineer. Payment will be made in accordance with prescribed removal as shown on the Plans and as specified. I tY'r I I I I 1 I I I I j L. b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any, manner may affect cost, progress, performance or furnishing of the Work. c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in c above) which pertain to the subsurface or physical conditions at the site or, otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. h) This Bid is genuine undisclosed person, with any agreement corporation; Bidder any other Bidder to or induced any pers Bidder has not sougl any other Bidder or and not made in the interest of or on behalf of any firm or corporation and is not submitted in conformity or rules of any group, association, organization or has not directly or indirectly induced or solicited submit a false or sham Bid; Bidder has not solicited on, firm or corporation to refrain from bidding; and t by collusion to obtain for itself any advantage over over Owner. 5-2 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in the for of bid bond or certified or cashier's r%o check for J % a ($ ). 5. The Bidder will complete the Work for the following unit and lump sum prices: Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 1. 1,675 Linear Feet, 12" Water Line Pipe, or PVC at the Contractor's option*, complete in place ��' e dollars(/8,,5& )/L.F-. $i3o7hS17.Oo ' �V (Dollar Amount Written in Words) (Figures) (Total in Figures) 2. 11,550 Linear Feet, 8" Water Line Pipe, DIP or VM at the Contractor's option*, complete in place 2 ... dollars(/&,fl )/L.F. %�{�l �/l,ro ✓ 3. 100 Linear Feet, 6" Class 51 Ductile Iron Pipe, complete in place dollars(/3,S )/L.F. 43�S,Ob 'i 4. 167 Linear Feet, 16" Steel Casing I. (3/8" wall), including road bore, complete in place dollars(96,pn )/L.F. 15,8( ,00 ✓ 5. 1 Each, 12" Butterfly Valve, L complete in place G mod, '4 .4 dollars(090,D0)/Each WO. to 6. 12 Each, 8" Gate Valve, complete in place dollars( L5"o,00)/Each 61goo.On 7. 4 Each, 6" Gate Valve, complete in place c2LttctiictitrL42 dollars(34'a.Do )/Each 11 O,D0 ✓ *Bidder shall circle the type of pipe being bid. I 5-3 1 I Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 8. 1 Each, 24" x 8" Tapping Sleeve and Valve, complete iinn�place ,oe- r�.ao��Q- a.,�,•- .,mrrOo Q 4_- doIlars(3/q n,00)/Each $3�#fnn,ao 9. 1 Each, 12" x 8" Tapping Sleeve and Valve, complete in place vWW,dlJ42fn4JOMdOnJdt01lars(/q1'l,ov)lEach /4tZ/7,00 10. 2,000 Pounds, Light-Weight�(Compact) Ductile Iron Fittings, with reaction backing, complete in place p�,are -i dollars(P,00 )/Lb. 11. 5 Each, Fire Hydrant Assembly, complete in place ran¢ ntvndn- Q.SJ4tiooxtU dollars(/,401/Each 12. 4 Each, 2" Blowoff, complete in place 4 dollars(65o,00)/Each 13. 500 (1 Linear Feet, Crushed Stone Base (12" depth) for paved road, street, driveway and parking lot crossings, complete in place 4/0ob,bd £i 600, bO v binue -( dollars(7,aro )/L.F. l%arb,bb� 14. 300 Square Yards, Asphaltic Concrete for repair of asphalt surfaces, complete in place dollars(..Oqo,00 )/S.Y. /010 ,OO 15. 75 Linear Feet, Class B Concrete Encasement, complete in place 4 dollars(iQ,00 )/L.F. �J00.Oo 16. 12 Each, Tie to Existing System, complete in place �ne._rv,4,,,taw„dJ ✓ .�Cow.� dollars(/`d6o,odl/Each /1, 000, ob 1272,00 5-4 - - . _. .x -moo. _- ••_•t :'l IL:f9 Id Y If -1C" TEL`PO:5O1-44-3-434U . #�8 F:CC4 "':"- -._\.. Item Estimated Description of item and Unit or Lump Sum Price Bid No. Quantity 17, Lump Sum Pump Stetson 14odificatiuns, including • pump motor and standby generator, together with all electrical and • sigqtework, complete In place 18. 100 Square Yards, Concrete Repair for Concrete Surfaces, complete in place c7uwn - dollars Total Amount $ £j OOOa OO_ TOTAL BASE RID < ................................................ $ 3011) 7e SrS O ✓ DEDUCTIVE ALTERNATE NO. i The Owner mey elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. 1.7. Lump Sum Deduct to provide an across -the -line motor starter and pressure sw`tch in lieu of variable frequency drive system ............... $ 3, » TOTAL DID, ACCEPTING DEDUCTIVE ALTERNATE. NO, 1 3d1S�I7O,0 a ✓ The lowest Bidder shall he determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that ,the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are to be shown' in both words and figures, In case of discrepancy, the amount shown in words, unless obviously -incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 5-5 i Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 17. Lump Sum Pump Station Modifications, including pump motor and standby generator, together with all electrical and sitework, complete in place dollars $ TOTAL BASE BID ............ ........ ................t........... $ DEDUCTIVE ALTERNATE NO. 1 - The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system ............... $ TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ................ $ The lowest Bidder shall be determined, by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. �.+--Y ar.• i �F-a.-. -.r. - .-. _- _+ - Amounts'are to be shown in both words and figures. In case -of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 90 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 5-5 I Item ' No. 17. I 1 Estimated Quantity Lump Sum TOTAL BASE BID Description of Item and Unit or Lump Sum Price Bid Electrical, complete in place dollars S Total Amount DEDUCTIVE ALTERNATE NO. 1 IThe Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. I 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive ,stem ............... $ TOTAL BID, ACCEPTING DEDUCT NO. 1 ................ I. The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guarant d. Final, payment will be based on actual quantities. Amounts are to be sho n in th words and figures. n case of screpancy, the .. amount shown in words, nle s obviously incorrect, wil over . The above unit prices a nclude all labor, materls, wiling, shoring, .I removal, overhead, profit, insurance, etc., to cove the finished work of the several kinds called —for, 6. The Bidder agrees that the Water Distribution System Improvements be placed in • operation and all work completed within 75 calendar days after the date when the Contract. Time commences to run as provided in paragraph 2.3 of the General Conditions. ' Bidder accepts the provisions of the Contract Agreement as to liquidated damages Iin the event of failure to complete the Work on time. I • 5-5 4 ID: H 1.1 Y I NC `TEL- T --NO: S 0i-443-4340 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 90 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions, Submitted this / day of✓` 19 Respectfully submitted, Fayette Tree & Trench, Inc firmName) etSYLrkr2 By. Eugene Nottenkamper Z'S % Title �Zt r' � !: . . I, ^•.•IMre1r ,rG Arkansas license No. 90-2964 P.O. Box 471 Fayetteville, Arkansas (Seal, if bid is by corporation,} (Business Address & Zip rode) 7.2702-0#7 1- 5-6 : -- • ~T�•«+`... f fin•. rr—Y- ynr•...rFs �" * A' J� Yi 4 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this day of , 19 ' Respectfully submitted, 1 (Firm Name) _F a By 9^ `°• YY Title , $; Arkansas License No. (Business Address & Zip Code) (Seal, if bid is by corporation.) I 1 I 5-6 I L I I LI BID WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the CITY OF FAYETTEVILLE, ARKANSAS Board of Directors City of Fayetteville 113 West Mountain, Room 307 Fayetteville, Arkansas 72701 To the Board of Directors: Plans No. Fy-200 Dated October 1990 1. The undersigned Bidder proposes and into an agreement with Owner in the perform and furnish all Work as 1. Documents for the Contract Price and Bid and in accordance with the of Documents. r, LF I I [I 2. Bidder accepts all of the terms Invitation to Bid and Instructions those dealing with the disposition subject to acceptance for sixty days sign and submit the Contract AgreE • required by the bidding requirements • Notice of Award. agrees, if this Bid is accepted, to enter form included in the Contract Documents to specified or indicated in the Contract within the Contract Time indicated in this ier terms and conditions of the Contract and conditions of the Advertisement or to Bidders, including without limitation of Bid security. This Bid will remain after the day of Bid opening. Bidder will ment with the Bonds and other documents within ten days after the date of Owner's 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Date /✓7-9/ /-%-9/ and such addenda are attached to the Bid. Number a I 5-1 b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and I. Regulations that in any, manner may affect cost, progress, performance or furnishing of -the Work. c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in -c above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. If) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. ih) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 1' 5-2 1 Item Estimated No. Quantity 17. Lump Sum Description of Item and Unit or Lump Sum Price Bid Pump Station Modifications, including pump motor and standby generator, together with all electrical and sitework, complete in place dollars $ Total Amount TOTAL BASE BID ................................................. $ DEDUCTIVE ALTERNATE NO. 1 The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system ............... $ TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ................ $ The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the amount"shown in words, unless obviously incorrect will govern. - The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 90 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 5=5 $ Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 17. Lump Sum Electrical, complete in place dollars , $ TOTAL BASE BID ................................................. $ DEDUCTIVE ALTERNATE NO. 1 The Owner may elect to accept Deductive Alternate No. 1 his bid for this item. Bidder shall fill in 17. Lump*Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system ............... $ TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ................ The lowest Bidder shall be determined by the lowest bid accepted by the City of • Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reject any or all I. bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the Iamount shown in words, unless obviously incorrect, will govern. • The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. (q vb 6. The Bidder agrees that the Water Distribu on System Improvements be placed in operation and all work completed within calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 1 I 1 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid ®bond or certified or cashier's check for 570 5. The Bidder will complete the Work for the following unit and lump sum prices: Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 1. 1,675 Linear. Feet, 12" Water Line Pipe, DIP or PVC at the Contractor's option*, complete in place dollars(/go31 )/L.F. $ 3/> 0G,7S IDollar Amount Written in Words) (Figures) (Total in Figures) 2. 11,550 Linear Feet, 8" Water Line Pipe, DIP or PVC at the Contractor's ' option*, complete in place �(Ac s ei,N. BS�Js dollars(/3,. 4)/L.F. 3. 100 Linear Feet, 6" Class 51 Ductile Iron Pipe, complete in place E dollars(.1/,.G/ )/L.F= 4. 167 Linear Feet, 16" Steel Casing (3/8" wall), including road bore, complete in place h i q'//'86 dollarset0,T9f )/L. F. /4S�/(P,9� 15. 1 Each, 12" Butterfly Valve, complete in place I } dollars(/,/fl/Each 6. 12 Each, 8" Gate Valve, complete in place 9ac���k /Ze �i dollars(f�%%d )/Each 3$//od 7. 4 Each, 6" Gate Valve, complete in jplace 1 7/d / I t 241 dollars(3f)/Each f3O�Se2 3//8O *Bidder shall circle the type of pipe being bid. 1 5-3 `, 11 `J V 1 I I Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No, Quantity Amount 8. 1 Each, 24" x 8" Tapping Sleeve ///J irG�LtG� and Valve, complete in place 7ALte�u uc uz4etd z ',Z�j16g1lars(t$2etia/Each 9. 1 Each, 12" x 8" Tapping Sleeve and Valve, complete in place e,c .rA1d �D pa % k J dollars(/JlO& )/Each 0 00 10. ,000 Pounds, Light -Weight (Compact) Ductile Iron Fittings, with reaction backing, complete in place -j/oo dollars(o1,)/Lb. 11. 5 Each, Fire Hydrant Assembly, complete in place c// ,I e f3 /.iLG dol1ars(,`>O)/Each 1 90//00 12. 4 Each, 2" Blowoff, complete in place d' z �K, i /� Ll A O �� dollars(o?GS)/Each t L? �/l 13. 500 Linear Feet, Crushed Stone Base (12" depth) for paved road, I. street, driveway and parking lot crossings, complete in place Ihat f //cod dollars( �s_//= )/L. F. 14. 300 Square Yards, Asphaltic Concrete for repair of asphalt surfaces, complete in place *4 . DO led dollars(/S,O'o)/S.Y. 15. 75 Linear Feet, Class B Concrete Encasement, complete in place L / � 00//pU dollars(,20,Oo )/L.F. 16. 12 Each, Tie to Existing System, complete in place �/J i �'Lp�liU �.11ud dollars (M7SZ0�/Each 1 5-4 X5-OO.O0 S� 700.00 --------------------------- ----------- JRN-07-'91 15:43 ID:M W Y INC TEL ND:501-443-4340 #292 PO4 Item Estimated Description of Item and Unit or Lump Sum Price Bid Total • No. Quantity Amount • 17. Lump Sum Pump Station Modifications, including pump motor and standby generator, together with all electrical and sitework, complete in place qaJ detRPu A'J a,r,NnJ w , /�u0 dol tars $ `%D'7/l /0 18.. 100 Square Yards, Concrete Repair for Concrete Surfaces, complete In place Oo/od dollars $400O: OO TOTAL BASE RID / /Lu�tG�cY ..... , , .... . ` A�4 4�FF . $ 3%�� 0 G`� J Oal/o 0 DEDUCTIVE. ALTERNATE NO. 1 The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of variable frequency drive system. ............... $ lob TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 $.316, o`?U3,D2 The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. The Bidder understands that the Owner reserves the right to reiect any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. JAN -07-'91 15:43 ID:M W Y INC TEL NO:501-443-4340 4292 P05 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 90 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. B. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this day of6a"4&, 19 Respectfully submitted, rm Nam B " 4 x)tf � B Title Elsa[ Arkansas License No. 90/,22 (Seal, if bid is by corporation.) [Businessss 6 tip ode) r^w"'• �y� pT 1 M v . t : 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this day of , 19 Respectfully submitted, (Firm Name) A Title Arkansas License No. (Seal, if bid is by corporation.) 1 I I II I (Business Address & Zip Code) a 5-6 Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must submit with his Bid the following statement of Bidder's qualifications: STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted with and attached to Bid.) All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1) Name of Bidder. 2) Permanent main office address. 3) When organized. 4) If a corporation, where incorporated. 2-1 5) How many years have you been engaged in the contracting business under your present firm or trade name? 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7) General character of work performed by your company. 8) Have you ever failed to complete any work awarded to you? 9) Have you ever defaulted on a contract? If so, where and why? 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11) List your major equipment available for this contract. 12) Experience in construction of water system improvements similar in size to this project, along with project owners and engineers. 13) Background and experience of the principal members of your organization, including the officers. /14) Credit available: $ 15) Give bank reference: 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Dated at TLCeC�(�GK , (�(cc,,, this day of U/?Grifc9Lt-,19 9 Name of Organization: WORTH JAMES CONSTRUCTION, INC. By "GASTON P. GIBSO Yres. Title PRESIDENT State of ARK County of PULASKI GASTON P. GIBSON says that he (she) is the INC. WA being duly sworn deposes and PRESIDENT of WORTH JAMES CONSTRUCTION Contractor(s), and that answers to the foregoing 2-2 11 • Instructions to Bidders questions and all statements therein contained are true and correct. ti Subscribed and sworn before me this da-)Lof 19 91 Notary PL My commission expires January 24, 1992 (Seal) Each Bid must contain evidence of bidder's qualifications the state where the project is located or covenant qualification prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE to d to obtain such 4.1 It is the responsibility of each Bidder before submitting a Bid, to a) examine the Contract Documents thoroughly, b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, d) study and carefully correlate Bidder's observations with the Contract Documents, and e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non -technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. 4.2.2' those drawings of physical conditions in or relating to existing $a surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information 2-3 io &ate 3312 FAIR PARK BLVD. LITTLE ROCK, ARKANSAS 72204 • POST OFFICE BOX 4157 ASHER AVE. STA. • AC 501-562-6900 WATER DISTRIBUTION SYSTEM IMPROVEMENTS - - FOR THE CITY OF FAYETTEVILLE 1. WORTHJAMES CONSTRUCTION, INC. • 2. 3312 FAIR PARK BLV. LITTLE ROCK, AR 72204 3.1937. 4. ARKANSAS 5. 50 YEARS 6. CONTRACTS .ON HAND AMOUNT COMPLETION CHENAL-VALLEY II T. $538,379 2-91 RIVERBEND -. 87,378 2-91 SECLUDED HILLS 223,341 3-91 7. UTILITY CONTRACTOR 8. NO - - 9. NO 10. COMPLETED CONTRACTS AMOUNT COMPLETED CHENAL COUNTRY CLUB $190,882 12-90 CHENAL`VALLEY PHASE I 685,368 12-90 DILLARD'S EXECUTIVE OFFICE 2.51,384 10-90 11. CAT EL 300 TRACTOR -1 LIEBHERR 942 TRACKHOE-3 LIEBHERR 912 TRACKHOE-1 LIEBHERR 911-TRACKHOE-1 CAT D5H DOZER -1 JOHN DEERE 650G -2 CAT 943 TRACK LOADER -3 - CAT 920 WHEEL LOADER -1 CAT 910 WHEEL LOADER -1 PAD DRUM & SMOOTH DRUM COMPACTORS GARVER DENVER TRACK DRILL 175 INGERSOL RAND COMPRESSOR -2. 12. IMPROVEMENT DISTRICT 247 WATER -LITTLE ROCK, AR OWNER -PROPERTY OWNERS DISTRICT NO. 247 ENGINEERS-WHITE-DATERS & ASSOCIATES, INC. CONTRACT AMOUNT -$710,222.57 13. OWNER: GASTON P. GIBSON YEARS EMPLOYED -25 YEARS JOB FOREMAN: HASKELL KELLEY -30 YEARS J.W. ROBERTSON -30 YEARS GLEN BOYLES -25 YEARS RANDAL BOYLES -10 YEARS ESTIMATOR: GARY BOYLES -20 YEARS 14. SEE ATTACHED 15. FIRST COMMERCIAL BANK -LITTLE ROCK, AR. MR. JIM COBB- 371-7230 16. NO. WILL FURNISH FROM BANK 10 Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are • defined in the Standard General Conditions of the Construction Contract • ' (No. 1910-8, 1983 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term , "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to • receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. I. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must submit with his Bid the following statement of Bidder's qualifications: STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted with and attached to Bid.) ' All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. �y ' 1) Name of Bidder. ZA0� (.J 1Gi- fie- 'mac 2) Permanent main office address. /o? ) rll&4^ A,'/1 When organized. % 9 4) If a corporation, where incorporated. f%^ % ii '-1 Instructions ' to Eidders 5) How many years have you been engaged in the contracting business under your present firm or trade name? 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7) General character of work performed by your company. ,64. y J - ' 8) Have you ever failed to complete any work awarded to you? I'D 9) Have you ever defaulted on a contract? If so, where and why? A'.(J 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. , g 1 ,/ 11) List your major equipment available for this contract. , 12) Experience in construction of water system improvements similar in size to this project, along with project owners and engineers. 13) Background and experiencejf the principal members of your organization, including the officers.w d nU 14) Credit available: )(teoeo � 1 15) Give bank reference: 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? 1 Dated at this 7' day of , 19 Name of Organization: ✓) $ (.2'4'.-,2T/-4 �UC By � vcZ Title State of ' County of , being duly sworn deposes and says that he (she) is the L, e per_ of Contractor(s), and that answers to the foregoing 2-2 , { Instructions to Bidders Iquestions and all statements therein contained •are true and correct.`` Subscribed and sworn before me this day of 9 =- 1. 19� r �� �yzP bI t c ..� ,.. My commission expires (Seal) Each Bid must contain evidence of Bidder's qualifications to do business in the state where the project is located or covenant to obtain such qualification prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to a) examine the Contract Documents thoroughly, b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c) consider federal, state and local Laws and Regulations that may Work, d) study and Contract Documents, - discrepancies in the 4.2 Reference is ma( affect cost, progress, performance or furnishing of the carefully correlate Bidder's observations with the and e) notify Engineer of all conflicts, errors or Contract Documents. le to the Supplementary Conditions for identification of: 4.2.1 those reports of the site which have been Documents. Bidder may ri in such reports but not contained therein or for or construction. explorations and tests of subsurface conditions at utilized by Engineer in preparation of the Contract fly upon the accuracy of the technical data contained upon non -technical data, interpretations or opinions the completeness thereof for the purposes of bidding ' 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information 2-3 Instructions to Bidders and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.7 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient .in scope and detail to indicate any convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by I I I I I I I fl I I 2-4 • Instructions to Bidders formal written Addenda will be binding. .Oral, and other interpretations or • clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. ' 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of paragraph 5.1 of the General Conditions. The bid security shall be placed in a••• marked, sealed envelope and securely fastened to the outside of the sealed Bid. 1 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 7. CONTRACT TIME. The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 9. . SUBSTITUTE OR "OR -EQUAL" ITEMS. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items.. Substitute or "or equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer. Application for acceptance of substitute or "or equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may •be supplemented in the Project Requirements. I. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner nor shall the 2-5 Instructions to Bidders Contractor allow such Subcontractor to commence Work until he has provided and obtained approval of such compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 10.2 The Contractor will be required to furnish the names of Subcontractors , and the amounts of their subcontracts as required by Act 183, Arkansas Acts of 1957. The subcontracts may be for mechanical, electrical, roofing and sheet metal work. Subcontract amounts must be submitted on a separate list in a sealed envelope and must accompany the Bid Form. The Subcontractor's name and license number shall appear on the outside of the sealed envelope. Subcontractors must be licensed according to the laws of the State of Arkansas. 11. BID FORM 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. , 11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS. Bids shall be submitted at the time and place 1 indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13. MODIFICATION AND WITHDRAWAL OF BIDS ' 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the 2-6 1 I I I I Instructions to Bidders place where Bids are to.be submitted at anytime prior to the opening of Bids. 13.2 If, within 24 hours signed, written notice with reasonable satisfaction of mistake in the preparation the Bid security will b disqualified from further Contract Documents. after Bids Owner and p Owner that of its Bid, 2 returned. bidding on are opened, any Bidder files a duly romptly thereafter demonstrates to the there was a material and substantial that Bidder may withdraw its Bid and Thereafter, that Bidder will be the Work to be provided under the 14. OPENING OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly. A tabulation of the amounts of the base Bids and major alternates (if any) will •be made available to Bidders after preparation by the Engineer. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 16. AWARD OF CONTRACT ,. 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. • 16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, 2-7 Instructions to Bidders qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder , a Notice of Award within 60 days after the day of the Bid opening. 17. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. i 18. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts •of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidders who submit Bids in excess of $20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. 20. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. 21. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor, if available, shall be used. The Contractor and each Subcontractor, where the contract amount exceeds S75,000, shall comply with the provision of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. 2-8 1 tInstructions to Bidders The Contractor and Subcontractor shall: "ice Y 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. 2) post the scale of wages in a prominent and easily accessible place at the site of the Work. L 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the .workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. The Owner shall have the right to withhold from amounts due the Contractor so • much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been or is being paid a rate of wages less than the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate his right to proceed with the Work or such party of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. 1 22. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on materials and equipment brought into the state. It further provides for methods of collecting said taxes. All provisions of this Act will be complied with under this Contract. 23. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or nonresidents of Arkansas. • 24. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162, ARKANSAS ACTS OF 1987. The attention of all NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and, bond regulations by the Commissioner of Revenues, Department of Finance and Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under any contract within the State of Arkansas. .1 2-9 QBID WATER DISTRIBUTION SYSTEM IMPROVEMENTS for the CITY OF FAYETTEVILLE, ARKANSAS I Plans No. Fy-200 Dated October 1990 Board of Directors City of Fayetteville 113 West Mountain, Room 307 Fayetteville, Arkansas 72701 To the Board of Directors: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the ContractPrice and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 1 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within ten days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) • Date Number and such addenda are attached to the Bid. r I 5, I 1 I L I I I I 1 11 I I b.) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any, manner may affect cost, progress, performance or furnishing of the Work. c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determihation set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in c above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 1 5-2 1 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid bond or certified or cashier's c —a>- check for ($ `) 5. The Bidder will complete the Work for the following unit and lump sum prices: I Item Estimated Description of Item and Unit or Lump Sum Price Bid Total No. Quantity Amount 1. 1,675 Linear Feet, 12" Water Line Pipe, I lI or PVC at the Contractor's option*, complete in place j✓; I, ars( $ 3 3DO I. (Dollar Amount Written in Words) (Figures) (Total in Figures) 2. 11,550 lAaear F t, 8" Water Line Pipe, or C1 at the Contractor's option*', complete in place i or ��in „ , '44a$dollars( 4'i'/L.F. i3. 100 Linear Feet, 6" Class 51 Ductile Iron Pipe, complete in place liGQ dollars( /�/L.F. /aO0 4. 167 Linear Feet, 16" Steel Casing (3/8" wall), including road bore, complete / in place •��� dollars( �iDT/L.F. IJ3it9 5. 1 Each, 12" Butterfly Valve, complete in place //_ Iv dollars( 74t )/Each ypp 6. 12 Each, 8" Gate Valve, complete in place dollars(/' )/Each %CDD 7. 4 Each, 6" Gate Valve, complete in place dollars(_3.S )/Each /I//) 1 *Bidder shall circle the type of pipe being bid. 5-3 Item Estimated Total 1 Description of Item and Unit or Lump Sum Price Bid No. Quantity Amount 8. 1 Each, 24" x 8" Tapping Sleeve and Valve, complete in place ao /eEach, 0do11 ars(4ff9p 1/Each $ 9. 1 12" x 8" Tapping Sleeve and Valve, complete in place a /� �-_ ,44,AP dollars( /1/Do )/Each ,01.7 10. 2,000 Pounds, Light -Weight (Compact) Ductile Iron Fittings, with i reaction backing, complete in place ea ,y� dollars( 2)/Lb. U. 5 Each, Fire Hydrant Assembly, complete in place i to dollars( //SO)/Each S/SD 12. 4 Each, 2" Blowoff, complete in place dollars( 4Do )Each 13. 500 Linear Feet, Crushed Stone Base (12" depth) for paved road, street, driveway and parking lot crossings, complete in place o° dollars( Yom)/L.F. 14. 300 Square Yards, Asphaltic Concrete for repair of asphalt surfaces, complete in place j�-- /� dollars( 5 i7S.Y. 15. 75 Linear Feet, Class B Concrete Encasement, complete in place dollars( ,/s ) �$ L.F. //a��— 16. 12 Each, Tie to Existing System, complete in place ��I ��F dolIars(3A0 )/Each I 5-4 item Estimated total Description of Item and Unit or Lump Sum Price Bid No: Quantity A bunt 17. Lump Sum Pump Station Modifications, including pump motor and standby generator, o together with all electrical and sitework, complete in place• dollars 1.8. 100 Square Yards, Concrete Repair for Concrete Surfaces, complete in place dollars $ 3O�� TOTAL BASE BID .............:................................... $ D 7-cRtt' DEDUCTIVE- ALTERNATE NO. I The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill In his bid for this item. G 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of �o� variable frequency drive system. .."."...•...."."...•.... $ TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO, 1 $ The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas, The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not. guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. - . 5-5 •4 t Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 17. Lump Sum Electrical, complete in place tdollars $ TOTAL BASE BID ................................................. $ I DEDUCTIVE ALTERNATE NO. 1 The Owner may elect to accept Deductive Alternate No. 1. Bidder shall fill in his bid for this item. 17. Lump Sum Deduct to provide an across -the -line motor starter and pressure switch in lieu of e variable frequency drive system ............... $ `? TOTAL BID, ACCEPTING DEDUCTIVE ALTERNATE NO. 1 ................ $ I The lowest Bidder shall be determined by the lowest bid accepted by the City of Fayetteville, Arkansas. ' The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Unit quantities are not guaranteed. Final payment will be based on actual quantities. Amounts are to be shown in both words and figures. In case of discrepancy, the ' amount shown in words, unless obviously incorrect, will govern. C. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 75 calendar days after the date when the Contract. Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. z w?, 5-5 6. The Bidder agrees that the Water Distribution System Improvements be placed in operation and all work completed within 90 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. •q -A 7. Communications concerning this Bid shall be addressed to the address of, Bidder indicated below. R. The terms used in this Bid which are defined In the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this 9 . day of /// , i9/ Re pectfully submitted, (Firm Name) BY Title Arkansas License No. 9o—/oo, (Seal, if bid is by corporation.) 5-6 Bui�ss Address &Zip Xl YoJ ltlX "an y s > rT AU r 4. P �� 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted this day of , 19 IRespectfully submitted, (Firm Name) IBy I Title I Arkansas License No. - (Business Address & Zip Code) (Seal, if bid is by corporation.) wo�3� w9 M I I 5-6 I I PROJECT Izard County Melbourne, AR CONSTRUCTION COMPANY, INC. I) 767-9304 • 127 FRONA DRIVE • HOT SPRINGS, ARKANSAS 71913 RESUME' CONTINUED CONTRACT TYPE OF AMOUNT WORK ENGINEER $'266,410 Water line Miller -Newell Engs.LTD Installation 308 Walnut St. Newport, AR 72112 501-523-6531 Mena, AR 108,773 Water & sewer Engineering Services, Inc. relocation 1207 So. Old Missouri Rd P.O. Box 282 Springdale, AR 72765 501-751-8753 Tri-County 393,355 Water line Perkins & Associates,Inc. Gum Log extension I -40 -Hwy 331 North Russellville, AR P.O. Box 219 Russellville, AR 72801 501-968-1885 Highway 70W & 88 46,364 Water line Affiliated Engineers, Inc. Hot Springs, AR reloaction 1600 Ridgeway Blvd P.O. Box 1299 Hot Springs, AR 71902 501-624-4691. Tontitown, AR 60,188 Water line McGoodwin, Williams;.& Yate extension 909,Rollings Hills Drive Fayetteville, AR 72703 501-443-3404 Champion Golf & Rogers, AR Mount Ida, AR 1,500..000 Water line CET Engineering, Inc. & sewer 110 W. Central Suite 300 Bentonville, AR 72712 501-273-9472 327,560 Raw water Transmission Engineering Services, Inc 1207 S. Old Missouri Rd. P.O. Box 282 Springdale, AR 72764 501-751-8733 • CONSTRUCTION COMPANY, INC. I) 767-9304 • 127 FRONA DRIVE • HOT SPRINGS, ARKANSAS 71913 PROJECT RESUME' CONTRACT TYPE OF PROJECT AMOUNT WORK. ENGINEER Bentonville, AR $204,975 Sewer CEI Engineers relocation 110 West Central Suite 300 Bentonville, AR 72712 501-273-9472 Rainbow Curve Bentonville, AR 95,135 Water main CEI Engineers Blackwell MSE Conway County,AR 70,239 Water system Mayes,Suddorth & improvement Ethridge, Inc. P.O. Box 5471 N. Little Rock, AR 72119 501-372-0501 Pottsville, AR 62,991 Water line extension Perkins & Associates 1021 West Main St. Russellville, AR 72801 501-968-1885 Ola,.AR 75,492 Water system improvement Perkins & Associates Hanover Sub. Div. 188,700 Water & sewer CEI Engineers Bentonville,,AR City of Paris, AR 209,683 Water system improvement Uerling & Associates P.O. Box 3290 Ft Smith, AR 72913 Majestic Lodge Hot Springs, AR 116,428 Sewer improvements Alford Engineering Co. 600 -M -Main Hot Springs, AR 72913 501-624-1195 y . . PROJECT Fish Hatchery Hot Springs, AR Sulphur Hill Garland & Hot Springs County,AR Ouachita Treatment Plant Missouri Pacfic Little Rock, AR Bull Shoals, AR Nashville, AR Bentonville "J" St. Bentonville, AR CONSTRUCTION COMPANY, INC.. I) 767-9304 • 127 FRONA DRIVE • HOT SPRINGS, ARKANSAS 71913 RESUME' CONTINUED CONTRACT TYPE OF AMOUNT WORK ENGINEER $133,980 Hatchery Matthews Engineers,'Inc. renovation 1134 Malvern Ave Hot Springs, AR 71901 501-623-5080 312,726 Water system Malone & Associattes improvements 130 Hobson Hot Springs, AR 71913 501-624-2892 66,367 Water treatment Affiliated Engineers plant 1600 Ridgeway Hot Springs, AR 71901 501-624-4691 205,222 Waste water line 174,275 286,745 294,889 Matson, Inc. P.O. BOx 2557 East & McLean Sts. Little Rock, AR 72203 501-376-2465 Sanitary Engineering Services, Inc. sewer .1207 So. Old Missouri Rd P.O. Box 282 Springdale, AR 72765-0282 501-751-8733 Utility RAS Consulting Engineers installation 4415 Jefferson Ave Texarkana, AR 75502 501-773-9967 Relocation CEI Engineering