HomeMy WebLinkAbout143-92 RESOLUTION1
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RESOLUTION NO. 141-92
A RESOLUTION AWARDING BID NO. 92-35 TO
TOMLINSON ASPHALT AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A CONTRACT IN THE
AMOUNT OF $98,350 PLUS A 5% CONTINGENCY OF
$4,917 FOR ASPHALT OVERLAY OF THE WEST SIDE
GENERAL AVIATION RAMP AT DRAKE FIELD MUNICIPAL
AIRPORT.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Board of Directors awards Bid No. 92-
35 to Tomlinson Asphalt and authorizes and directs the Mayor and
City Clerk to execute a contract in the amount of $98,350 plus a 5%
contingency of $4,917 for asphalt overlay of the west side general
aviation ramp at Drake Field Municipal Airport. A copy of the
contract and bid tabulation for execution are attached hereto and
made a part hereof.
PASSED AND APPROVED this 15th day of September , 1992.
APPROVED:
By : e-rA,S
Mayor
ATTEST:
By
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SPECIFICATIONS AND BID
DOCUMENTS
FOR
WEST SIDE GENERAL AVIATION RAMP
OVERLAY PROJECT AT
DRAKE FIELD
OFFICE OF THE CITY ENGINEER
FAYETTEVILLE. ARKANSAS
AUGUST. 1992
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ADVERTISEMENT FOR BIDS A-1
INSTRUCTIONS TO BIDDERS B-1 8-9
B ID BOND D-1 D-2
B ID E-1 E-$
AGREEMENT F-1 - F-3
PAYMENT BOND G-1 - G-3
PERFORMANCE BOND H-1 H-3
NOTICE OF AWARD 1-1
NOTICE TO PROCEED J-1
CHANGE ORDER K-1
GENERAL CONDITIONS L-1 L-20
SPECIAL CONDITIONS SC -1 - SC -4
SPECIAL INSTRUCTIONS SI -1 - SI -2
TECHNICAL SPECIFICATIONS
SITE PREPARATION 30-1 - 30-3
CRUSHED STONE BASE COURSE 31-1
CONCRETE CURB AND GUTTER 32-1
PRIME AND TACK COATS 33-1
HMAC LEVELING/FILLER COURSE 34-1
POLYPROPYLENE FABRIC UNDERSEAL 35-1 - 35-4
HMAC SURFACE COURSE 36-1
TOPSOIL, SEEDING AND MULCHING 37-1
STORM DRAINAGE
STRIPING
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
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- MP -2
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CITY OF FAYETTEVILLE
BID qa -55
City Administration Building
113 West Mountain
Fayetteville, AR 72701
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Separate and sealed BIDS for West Side General Aviation Ramp
Overlay at Fayetteville Municipal Airport (Drake Field) in and for
the City of Fayetteville, Arkansas, will be received at the
Purchasing Office, Room 304, City Administration Building,
Fayetteville, Arkansas, until 10:30,a.a., local time on Auaust 18,
1992, and then at said office publicly opened and read aloud.
The REPLACEMENT PROJECT will include the furnishing of all the
necessary materials, supplies, tools, labor, and other services
required for the complete construction of the following:
Approximately 21,000 square yards of HMAC overlay of
existing pavement.
The CONTRACT DOCUMENTS consisting of Advertisement for Bids,
instructions to Bidders, Bid Bond, Bid, Agreement, Payment Bond,
Performance Bond, General Conditions, Special Conditions, Special
Instructions, Detailed Specifications, Attachments, Drawings and
Addenda, may be examined in the office of the City Engineer, City
Administration Building, 113 West Mountain, Fayetteville, Arkansas,
72701.
Copies of the contract documents may be obtained from the
office of the City Engineer.
All bidders must be licensed under the terms of Act 150,
Arkansas Acts of 1965.
The City of Fayetteville reserves the right to reject any or
all bids and to waive any formalities in the bids. The City also
reserves the right to withhold the awarding of the contracts for a
period of not to exceed sixty days after opening of bids.
Dated the (c7P day of , 192,.
/s/
TO NWA TIMES:
Purcg Officer, City of
Fayetteville, Arkansas
Publish once on August 14, 1992, and
once on August 21, 1992
Qo k33►oa..
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Post -It" brand fax transmittal memo 7671
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INSTRUCTIONS TO BIDDERS
1. EXAMINATION OF SITE AND DOCUMENTS. Bidders are advised that
the plans, profiles, specifications and estimates of the Engineer
o n file in the office of the City Engineer., City Aditn. Bldg. aha l l
constitute all of the information which the Owner shall furnish.
No other information given, or sounding made by the Owner or any
o fficial thereof, prior to the execution of said contract, shall
e ver become a part of, or change the contract, plans, profiles,
specifications and estimates, or be binding on the Owner. Prior
to submitting any bid, bidders are required to read carefully the
specifications, contract and bonds, to examine carefully all plans,
profiles, and estimates, to visit the site of the work to examine
carefully local conditions, to inform themselves by their
independent research and sounding of the difficulties to be
encountered, and all attending circumstances affecting the cost of
doing the work, and the time specified for its completion; and to
o btain all information required to make an intelligent bid.
Bidders shall rely exclusively upon their surveys, estimates,
investigations, surroundings and other things which are necessary
for full and complete information upon which the bid may be made
and for which a contract is to be awarded. The Proposal, providing
for unit and lump sum prices bid by the Contractor, contains a
statement that all bids are made with the full knowledge of the
difficulties and conditions that may be encountered, the kind,
quality and quantity of the plans, work to be done, excavation, and
materials required and with full knowledge of the plans, profiles,
specifications and estimates and all provisions of the contract and
bonds. The submissions of a bid shall constitute the acceptance
o f these provisions.
2. APPROXIMATE ESTIMATE OF QUANTITIES. The Engineer's estimate
o f quantities, approved by the Owner and on tile in the offices of
the City Engineer , is approximate only, and shall
be the basis for receiving unit price bids for each item, but shall
n ot be considered by the bidders as the actual quantities that may
be required for the completion of the proposed work. Such
quantities, however, at the unit and lump sum prices bid for each
item, shall determine the amount of each bid for comparison of bids
and aid in determining the lowest and best bidder for the purpose
o f awarding the contract, and will be used as basis for fixing the
amount of the required bonds.
3. BIDS AND BIDDING FORMS. Bids must be made out in ink on
bidding forms included as part of these specifications. Bids shall
be sealed and addressed City of Fayetteville, Arkansas, and the
title of the pro4ect, the name of the contractor submitting the bid
and the time and date for receipt of bids written on the envelope.
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B ids are due at the Purchasing Office, Room 307, Administration
Building, 113 West Mountain, Fayetteville, Arkansas, 72701, no
later than 10:30•a.m, on August 28. 199 2
No bidder shall divulge the information in the sealed bid to any
person whomsoever, except those having a partnership or other
financial interest with him in the bid, until after the sealed bids
have been opened.
B ids which are incomplete, unbalanced, conditional, or obscure, or
which contain additions not called for, erasures, alterations or
irregularities of any kind, or which do not comply with the
Instruction to Bidders may be rejected as informal at the option
o f the Owner. However, the Owner reserves the right to waive
technicalities as to changes, alterations or revisions and to make
the award in the best interest of the Owner.
4. UNIT PRICES AND FILLING IN BIDDING FORMS. Bidders must state
a unit price for each item or work named in the Engineer's estimate
o f quantities of work to be done. Unit prices shall include
amounts sufficient for the furnishing of all labor, materials,
tools, equipment and apparatus of every description, to construct,
e rect, and finish completely all of the work as called for in the
specifications or shown in the plans. Unit prices bid and totals
shown in the Proposal shall not include any of the costs of
engineering, advertising, appraising, or printing.
The price bid for each item must be stated in figures and in words
in the appropriate blank spaces provided on the bidding forms. The
figures must be clear and distinctly legible so that no question
can arise as to their intent and meaning. In case of a difference
in the written words and figures in a Proposal, the amount state
in written words shall govern.
5. PRICES BID TO BEAR RELATIONSHIP TO COST OF WORK. Prices bid
o n the various items in the Proposal shall bear a fair relationship
to the cost of the work to be done. Bids which appear unbalanced
and deemed not to be in the best interest of the Owner may be
rejected at the discretion of the Owner.
6. SIGNATURE ON BIDS. If the bid is made by an individual, his
firm name must be given, and the Proposal signed by him or his duly
authorized agent. If the bid is made by a partnership, the firm
n ame and the names of each member must be given, and the bid signed
by a member of the partnership, or a person duly authorized. If
the bid is made by a company or corporation, the company or
corporate name must be given, and the bid signed by an officer or
agent duly authorized.
Powers of attorney, properly certified, for agents and others to
sign bids must be in writing and filed with the Owner.
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7. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be
licensed in accordance with the requirements of Act 150, Arkansas
Acts of 1965, the "Arkansas State Licensing Law for Contractors".
Bidders who submit proposals in excess of $20,000 must submit
evidence of their having a contractor's license before their bids
w ill be considered, and shall note their license number on the
o utside of their Proposal.
8. QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS. Each bidder, it
requested to do so by either the Owner or the Engineer, shall
furnish satisfactory evidence of his competency to perform the work
contemplated. The Owner reserves the right to reject a bid if the
bidder has not submitted, upon request, a statement of his
qualifications prior to the date of the opening of bids.
9. DISQUALIFICATIONS OF BIDDERS. Any one or more of the following
may be considered as sufficient for the disqualification of bidders
and the rejection of bids:
More than one Proposal for the same work from an individual,
firm, partnerships, or corporation under the same or different
names.
Evidence of collusion among bidders. Participants in such
collusion may receive no recognition as bidders for any future
work.
Unbalanced Proposals in which the prices tor some items are
out of proportion to the prices for other items, or changes
written in, or amendments by letter. Failure to submit a unit
price for each item of work tor which a bid price is required
by the Proposal, or failure to include all required contract
documents.
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Lack of competency as revealed by the financial statement,
experience, plant and equipment statements submitted. Lack
of responsibility as shown by past work judged from the
standpoint of workmanship and progress.
A bid by an unlicensed contractor bidding under a licensed
contractor's name.
Uncompleted work which, in the judgement of the Owner, might
hinder or prevent the prompt completion of additional work if
awarded.
Being in arrears on existing contracts, in litigation with
the Owner, or having defaulted on a previous contract.
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10. CONSIDERATION OF PROPOSALS. After the Proposals are opened
and read, the quantities will be extended and totaled in accordance
w ith the bid prices of the accepted Proposals. Until the final
award of the contract, the Owner reserves the right to reject any
and all Proposals, to waive technicalities, and to advertise for
new Proposals, or proceed to do the work otherwise when the best
interests of the Owner will be promoted thereby.
11. RIGHT TO REJECT BIDS. The Owner reserves the right to reject
any and all bids. All bids are subject to this reservation, and
the Owner reserves to itself the right to decide which shall be
deemed the lowest responsive and responsible bid. Due
consideration will be given to the reputation, financial ability,
experience and equipment of the bidder.
12. AWARDING OF CONTRACT. The Owner reserves the right to
w ithhold the awarding of a contract a reasonable period of time
from the date of opening bids, said length of time not to exceed
thirty (30) days except with the consent of the bidder. The
awarding of a contract upon a successful bid shall give the bidder
no right to action or claim against the Owner upon the contract
until the contract is reduced to writing and signed by the
contracting parties. The letting of a contract shall not be
complete until the contract is executed and the necessary bonds
approved.
13. SUBCONTRACTOR. The Contractor shall not assign or sublet all
o r any part.of this contract without the prior written approval of
the Owner nor shall the Contractor allow such subcontractor to
commence work until he has provided and obtained approval of such
compensation and public liability insurance as may be required.
The approval of each subcontract by the Owner will in no manner
release the Contractor from any of his obligations as set out in
the plans, specifications, contract and bonds.
14. MATERIALS GUARANTY. Before any contract is awarded the bidder
may be required to furnish a complete statement of the origin,
composition, or manufacture of any or all materials proposed to be
used in the construction of the work, together with samples, which
may be subjected to tests provided for in these specifications to
determine their quality and fitness for the work.
15. FAMILIARITY WITH LAWS. The bidder is presumed to be familiar
with all federal, state and city laws, ordinances and regulations
which in any manner affect those engaged or employed in the work,
o r the materials or equipment used, or in any way affecting the
work, and shall in all respects comply with said laws, ordinances
and regulations. No claim of misunderstanding or ignorance on the
part of the Contractor will in any way serve to modify the
provisions of the contract. No representations shall be binding
unless embodied in the contract.
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18. LABOR LAWS. The Contractor shall abide by all federal, state
and local laws governing labor. The Contractor further agrees to
save the Owner harmless from the payment of any contribution under
the State Unemployment Compensation Act, and the Contractor agrees
that if he is subject to the Arkansas State Unemployment Act, he
w ill make whatever contributions are required under and by virtue
o f the provisions of said Act.
17. 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
u sed.
The Contractor and each subcontractor, where the contract amount
e xceeds $75,000.00 shall comply with the provisions of Act 74, as
amended by Act 275 of 1969 (Arkansas Statute 14-630). The
provisions are summarized below
The Contractor and subcontractor shall:
(1) pay the minimum prevailing wage rates for each craft or
type of workman and the prevailing wage rate for holiday
and overtime work, as determined by the Arkansas
Department of Labor.
(2) post the scale of wages In a prominent and easily
accessible place at the site ot the work.
(3) keep an accurate record showing the name and occupation
and hours worked ot 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 be
written notice to the Contractor, terminate his right to proceed
with the work or such part of the work 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.
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18. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct
and withhold Arkansas income taxes, as required by Arkansas law,
from wages paid to employees, whether such employees are residents
o r non-residents of Arkansas.
19. ANTI -KICKBACK PROVISION (WHERE APPLICABLE). When provided
for in the specifications, the Contractor shall comply with the
regulations of the Secretary of Labor made pursuant to the Anti -
K ickback Act of June 13, 1934, 40 U.S.C. 278 (c), and any
amendments or modifications made thereto and shall see that such
provisions are included in all subcontracts.
20. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1985. The attention
o f all bidders is called to the provisions of Act 125, Arkansas
Acts of 1985. This act provides tor 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.
21. INSURANCE. During the life of this contract, the successful
bidder shall carry insurance as hereinafter set out. Also, he
shall require all of his subcontractors to carry insurance as
outlined below, in case they are not protected by the policies
carried by the prime Contractor.
Insurance companies underwriting the required insurance shall be
licensed in Arkansas. Licensed companies are listed in the State
Insurance Department's Annual Report of the Insurance Commissioner.
In Arkansas, the prevailing law requires that insurance on public
works contracts be issued by and through a duly licensed agent
resident in the State of Arkansas. The mere countersigning by a
resident agent is not acceptable.
Insurance is to be approved by the Owner. If any Insurance
contracted for becomes unsatisfactory or unacceptable to the Owner
after the acceptance and approval thereof, the Contractor shall
promptly, upon being notified to the effect, execute and furnish
acceptable insurance In the amounts herein specified. Upon
presentation of acceptable insurance, the unsatisfactory insurance
may be canceled at the discretion of the Contractor.
The Contractor shall have his resident insurance agent submit to
the Owner, through the Engineer, a schedule of insurance policies
proposed to be furnished, which shalt be approved before
certificates of insurance and/or policies are issued. Once the
Owner has concurred in the proposal of insurance coverages, the
Contractor shall then furnish to the Engineer, in the name of the
Owner, certificates of insurance for the following:
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A. Workmen's Compensation. Workmen's compensation, as required
by the laws of the state in which the work is to be done,
shall be furnished. In case any hazardous occupations are
required for the execution of the work which are not covered
by the above insurance, special employer's liability policies
shall be obtained to cover workmen engaged in such hazardous
occupations.
B. Contractor's Public Liability Insurance and Property Damage
Insurance. This insurance shall provide bodily injury of
$200,000.00 for each person and $500,000.00 for each accident;
and property damage of $200,000.00 for each accident. This
insurance shall be endorsed to cover explosion collapse and
underground hazards, and blasting.
C. Motor Vehicle Public Liability and Property Damage Insurance.
This policy shall provide bodily injury of $200,000.00 for
each person and 500,000.00 for each accident; and property
damage of $200,000.00 for each accident.
0. Owner's and Engineer's Continaent Protective Liability
Insurance. The Contractor shall indemnify and save harmless
the demands, payments, suits, actions, recoveries and
judgments of every nature and description brought or recovered
against them by reason of any omission or act of the
Contractor, his agent or employees in the execution of the
work of in the guarding of it. The Contractor shall obtain
in the name of the Owner and Engineer (either as co-insured
or by endorsement), and shall maintain and pay the premiums
for such insurance in an amount not less than $200,000 00
property damage and $500,000.00 bodily injury limits, and with
such provisions as will protect the Owner and Engineer from
contingent liability under this contract.
E. Builder's Risk Insurance. The Contractor shall procure and
maintain during the life of the contract builder's risk
insurance (fire, lightning, extended coverage, vandalism and
malicious mischief) on the insurable portion on a 100 percent
completed value basis, against damage to the equipment,
structure or material. The Contractor, his subcontractors,
and the Owner as their interest may appear shall be named as
the insured.
F All -Risk Floater Insurance. Until the project is completed
and is accepted by the Owner, the Contractor is required to
maintain an all-risk installation floater policy.
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The Contractor shall submit to the Owner written evidence of
insurance upon the entire work at the site to the full
insurable value thereof including the interest of the Owner,
the Contractor, the subcontractors, and any others with an
insurable interest. The policy shall insure against all risk
of physical damage except as modified by the contract
documents and subject to the normal all-risk exclusions. The
policy by its own terms or by endorsement shall specifically
permit partial or beneficial occupancy prior to completion or
acceptance of entire work.
G. 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 above Is needed by the Contractor to protect
the Owner against all losses, the Contractor is responsible
for determining the type of insurance needed and purchasing
same.
Each insurance certificate and/or policy shall contain a
clause providing that it shall not be canceled by the
insurance company without fifteen (15) days written notice to
the Owner of Intention of cancel. It shall be the
responsibility of the Contractor to maintain insurance as set
out above and to furnish current certificates and/or
policies.
22. PERFORMANCE BOND AND PAYMENT BOND. The Contractor shall
furnish both a surety performance bond and a payment bond, each
equal to one hundred percent (100%) of the contract price. The
performance bond and the payment bond shall be two totally separate
bonds and shall bear two different bond numbers.
The Contractor is to pay all expense in connection with the
obtaining of said bonds. The bonds shall be conditioned that the
Contractor shall faithfully perform the contract, and shall pay
all indebtedness for labor and materials furnished or performed to
the construction of such alterations and additions as prescribed
in this contract.
The surety company issuing the bonds must be a solvent company on
the "Surety Companies Annual List" issued by the U.S. Department
of the Treasury, and the bonds are not to be issued to an amount
greater than the underwriting limitations for the surety company
as set out therein.
Resident Aaent Reauired. In Arkansas, prevailing law requires that
performance and payment bonds on public works contracts shall be
executed by a resident local agent who is licensed by the Insurance
Commissioner to represent the surety company executing said bonds,
and filing with such bonds his Power of Attorney as his authority.
The mere countersianina of the bonds will not be sufficient.
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The date of the bonds. and of the Power of Attorney. must not be
prior to the date of the contract. At least six copies of the
bonds shall be furnished, each with Power of Attorney attached.
Bonds are to be approved by the Owner. If any bonds contracted
for become unsatisfactory or unacceptable to the Owner after the
acceptance and approval thereof, the Contractor, upon being
notified to that effect, shall promptly execute and furnish
acceptable bonds in the amounts herein specified. Upon
presentation of acceptable bonds, the unsatisfactory bonds may be
canceled at the discretion of the Contractor.
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BID BOND
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KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as Surety, are hereby held
and firmly bound unto as owner
in the penal sum of
for the payment of which, well and truly to be made, we hereby jointly
and severally bind ourselves, our heirs, executors, administrators,
successors and assigns. Signed this day of
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The condition of the above obligation is such that whereas the Principal
has submitted to s
certain bid, attached hereto and hereby made a part hereof to enter into a
contract in writing, for the
NOW THEREFOR,
(a) If said Bid shall be rejected, or in the alternate.
(b) If said Bid shall be accepted and the Principal shall execute
and deliver a contract in the Form of Contract attached hereto
(properly completed in accordance with said Bid) and shall
furnish a bond for his faithful performance of said contract,
and for the payment of all persons performing labor or
furnishing materials in connection therewith, and shall in
all other respects perform the agreement created by the
acceptance of said Bid.
then this obligation shall be void, otherwise the same shall remain in
force and effect; it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of the obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that
the obligations of said Surety and its bond shall be in no way impaired
or affected by any extension of the time within which the Owner may
accept such Bid; and said Surety does hereby waive notice of any such
extension.
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IN WITNESS WHEREOF, the Principal and the Surety have hereunto
set their hands and seals, and such of them as are corporations have
caused their corporate seals to be hereto affixed and these presents
to be signed by their proper officers, the day and year first set
forth above.
Principal
Surety
SEAL BY:
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ADDENDUM NO. 1
BID
WEST SIDE GENERAL AVIATION RAMP
OVIRL:Y PROJECT PT DRAKE FIELD
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Proposal of si., 'AS.r' �� (/t/ ! (hereinafter
called "Bidder") a corpora ion, organized and existing under the laws of the
State of r,Pje,r3,dt , a partnership, or an individual doin_
business as
To the City of Fayetteville, Arkansas, (hereinafter called the "Owner"):
Gentlemen:
The Bidder, in compliance with your invitation for bids on the reconstruction
o f Armstrong Avenue in and for the City of Fayetteville, Arkansas, having
e xamined the plans and specifications with related documents and the site of
the proposed work, and being familiar with all of the conditions surrounding
the construction of the proposed project including the availability of
materials and labor, hereby proposes to furnish all labor, materials, and
supplies, and to construct the project in accordance with the contract
documents, within the time set forth therein, and at the prices stated below.
These prices are to cover all expenses incurred in performing the work
required under the contract documents, of which this proposal is a part.
B idder hereby agrees to commence work under this contract on or before a date
to be agreed upon by the Contractor and the Owner and to fully complete the
project within 30 consecutive calendar days thereafter as stipulated in the
specifications. Bidder further agrees to pay as punitive damages, the sum
of $ 300.00 for each consecutive calendar day thereafter.
B idder acknowledges receipt of the following addendum:
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Bidder agrees to supply all necessary materials, supplies, tools, and
equipment and provide all labor, supervision, and other services required
for the complete construction of the project as described in the
specifications and shown on the plans for the following unit prices.
The costs of miscellaneous material items not listed below that are
required for a complete job shall be included in the unit prices below and
shall not be a cause for an extra.
Item
No.
1.
Estimated Unit, Description of Item
Quantity and Unit Price Bid
* 1,800 ton AHTD TYPE 3 HOT MIX
**Asphaltic concrete:
compacted to an avero.
depth of 111"
F7-61/
Total
Amount
Ma dollars ($ 30.9e )TON s790?f 6
2
Lump Sum
Striping of the aviation
ramp as described on the
plans
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.L/n 7$r4 dollars ($ ��l/� ere
f,.s..$ 73e dot
3. 21,700 s.y. AMOPAVE 4599, POLYPROPYLENE
fabric underseal (or approved
equal) fox the sum of
/td dollars ($ /24 )S.Y.S e‘a 40
4.
2,600 1.f.
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HOT CRACK SEALING
with NEYRA Industries
Sealer or approved equal
Cracks to be cleaned out by
air pressured devices prior
to sealing
dollars ($ l%e d
L F .$ /Sed.Gd
Pf`3 -, od
G
rotal:
(words)
*Quantities may be reduced if project is over budget. Areas designated as
alternative 1, 2 & 3 to be deleted in the same order.
**Unit price shall include all required milling to provide a smooth surface
transition of new surface with the boundary lines cif the existing naverent.
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TOTAL BID $
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ADDENDUM NO. 1 •
C Q4
(Amo,Gnt W�
ritten In Word
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(Ini4igures)
The Bidder shall state the price bid in words and figures (written in
or typed) for each pay item, and the total bid. In case of conflict betty
words and figures, the words, unless obviously incorrect, shall c verr
Bidder understands that the Onwer reserves the right to award the to
project, or to reject any or all bids and to waive any formalities in
bidding.
Bidder agrees that this proposal shall be good and may not be withdr
for a period of 30 dalendar days after the scheduled closing time
receiving bids.
Respectfully submitted
o2i/t/rtsm AM 4 2L
Firm a
B/q!/ GrtJ Sit
Address
7t7/.P
City
State
Arkansas State License Number
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UNIT PRICE
AGREEMENT
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3.34
THIS AGREEMENT, made this day of 19 , by and
between City of Fayetteville hereinafter called "OWNER" and
(name of Owner), (an Individual)
Tomlinson Asphalt doing business as (an
individual,) or (a partnership,) or (a corporation) hereinafter called
"CONTRACTOR".
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned:
1 The CONTRACTOR will commence and complete the construction of
West side general aviation ramp overlay at the Fayetteville Municipal Airport
2. The CONTRACTOR will furnish all of the materials, supplies, tools,
equipment, labor, and other services necessary for the construction
and completion of the PROJECT described herein.
3. The CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within 30 calendar days after the date of the NOTICE
TO PROCEED and will complete the same within 30 calendar days
unless the period for completion is extended otherwise by the CONTRACT
DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the
CONTRACT DOCUMENTS and comply with the terms therein for the sum of
$ 98,350.00 or as shown in the BID schedule. The actual
dollar amount to be adjusted according to actual constructed
quantities at bid unit prices.
5 The term "CONTRACT DOCUMENTS" means and includes the following:
(A) Advertisement for BIDS
(B) Instructions to Bidders
(C) Bid Bond
(D) Bid
(E) Agreement
(F) Payment Bond
(G) Performance Bond
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(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Conditions
(L) Special Conditions
(M) Special Instructions
(N) SPECIFICATIONS prepared bythe office of the City Engineer
(0) ATTACHMENTS:
(P) Addenda:
No. dated 119
19
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(0) Drawings prepared bythe office of the City Engineer.
6. The OWNER will pay to the CONTRACTOR in the manner and at such times
as set forth in the General Conditions such amounts as required by the
CONTRACT DOCUMENTS.
7. This agreement shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns.
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It
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executec
by their authorized officials, this Agreement in one coptns ewflcX5tc
(number of copies)
which shall be deemed an original on the date first above written.
(SEAL)
ATTEST:
A Please/ type)
TITLE I i ( ,4L
(SEAL) _r -
ATTEST:
OWNER:
TI
(Please type)
TITLE Mayor
CONTRACTOR:
(Please
type)
ADDRESS4L/4 4 zzaj'
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PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
A(Name of Contractor)
(Address of Contractor)
a hereinafter called PRINCIPAL an
(Corporation, Partnership or Individual)
4
(Name of Surety)
hereinafter called SURETY, are held and firmly bound unto
4 (Name of Owner)
hereinafter called OWNER, and un(Addressof
toallperrsons, firms, and corporations whc
or which may furnish materials to perform as described under the contrac-
and to there successors and assigns in the total aggregate sum of
do1.1 ars lS lawful money of the United States, for the payment of which sum well anc
truly to be made, we bind ourselves, our heir executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL enterec
into a certain contract with the OWNER, dated the day
19 , a copy of which is hereto attached and made a
part hereof for the construction of:
NOW, THEREFORE, if the PRINCIPAL shall promptly make payment to all persons,
firms, and corporations furnishing materials for or performing labor in the
prosecution of the WORK provided for in such contract, and any authorized
extensions or modification thereof, including all amounts due for materials,
lubricants, oil, gasoline, fuels, repairs on machinery, equipment and tools,
consumed or used in connection with the construction of such WORK including
that by a SUBCONTRACTOR, and to any mechanic or materialman lien holder
whether it acquires its lien by operation of State or Federal law; then this
obligation shall be void, otherwise to remain in full force and effect.
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PROVIQED,'.that beneficiaries or claimants hereunder shall be lim H ed.sto the
SUBCONTRACTORS, and persons, firms, and corporations having a direct contrac
with the PRINCIPAL or its SUBCONTRACTORS.
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 way affect its obligaticr
on this BOND, and it does hereby waive notice of any such change, extensior
of time, alteration or addition to the terms of this contract or to WORK or
to the SPECIFICATIONS.
PROVIDE, FURTHER, that no suit or action shall be commenced hereunder by an,..
claimant: (a) Unless claimant, other than one having a direct contract witY
the PRINCIPAL shall have given written notice to any two of the following:
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The PRINCIPAL, the OWNER, or the SURETY above named within ninety (90)
days after such claimant did or performed the last of the work or labor,
or furnished the last of the materials for which said claim is made,
stating with substantial accuracy the amount claimed and the name of the
party to whom the materials were furnished, or for whom the work or
labor was done or performed. Such notice shall be serviced by mailing
the same by registered mail or certified mail, postage prepaid, in an
envelope addressed to the PRINCIPAL, OWNER, or SURETY, at any place
where an office is regularly maintained for the transaction of business,
or served in any manner in which legal process may be served in the
state in which the aforesaid project is located, save that such service
need not be made by a public officer. (b) After the expiration of one
(1) year following the date of which PRINCIPAL ceased work on said
CONTRACT, is being understood, however, that if any limitation embodied
in the BOND is prohibited by any law controlling the construction
hereof, such limitation shall be deemed to be amended so as to be equal
to the minimum period of limitation permitted by such law.
PROVIDED, FURTHER, that it is gxpressIy agreed that this BOND shall be.deemed
amended automatically and immediately, without formal and separate amendments
hereto, upon amendment to the Contract not increasing the contract price more
than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and
faithful performance of the Contract as so amended. The term "Amendment",
wherever used in this BOND and whether referring to this BOND, the contract
or the loan Documents shall include any alteration, addition, extension or
modification of any character whatsoever.
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.
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WITNESS WHEREOF, this instrument is executed in
c
counterparts, each of which shall be deemed an original, this the
day of
ATTEST:
(Principal) Secretary
( (SEAL) (s)
By
d
Address
Witness as to Principal City State
City State Surety
ATTEST:
By
Witness to Surety Attorney -in -Fact
re
Address Address
u state
cc City State City
htc
NOTE: Date of BOND must not be prior to date of contract.
If CONTRACTOR is partnership, all partners should execute
BOND.
IMPORTANT: Surety companies executing BONDS must appear on the
Treasury Department's most current list (Circular 570 as
amended) and be authorized to transact business in the
State where the project is located.
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• PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
a , hereinafter called Principal
(Corporation, Partnership, or Individual)
an
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE. ARKANSAS
(Name of Owner)
FAYETTEVILLE, ARKANSAS
(Address of Owner)
hereinafter
called OWNER
in the
total aggregate
penal sum
of
/Dollars
(g
in
lawful
money of the United States,
for the
payment which sum well an
truly
to
be
made, we bind
ourselves,
our heirs,
executors,
administrators
successors,
and assigns,
jointly
and severally,
firml-y-by
these"presents.
THE
CONDITION
OF THIS OBLIGATION
is such that whereas, the
Principal entere
into
a certain
contract with
the
OWNER, dated the
day of
, 19 , a copy of which is hereto attached and made a part hereo
for the construction of:
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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 during the one year guaranty period and if the PRINCIPAL
shall satisfy all claims and demands incurred under such contract, and shall
fully indemnify and save harmless the OWNER from all costs and damages which
it may suffer by reason of failure to do so, and shall reimburse and repay
the OWNER all outlay and expense which the OWNER may incur in making good any
default, then this obligations shall be void, otherwise to remain in full
force and effect.
PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates
and agrees that no change, extension of time, alteration or addition to the
terms of the contract or to WORK to be performed thereunder or the
SPECIFICATIONS accompanying same shall in any way affect its obligation on
this BOND, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the contract or to the WORK or
to the SPECIFICATIONS.
PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed
amended automatically and immediately, without formal and separate amendments
hereto, upon amendment to the Contract not increasing the contract price more
than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and
faithfully of the CONTRACT amended. The terms "Amendment", or the Loan
Documents shall include any alteration, addition, extension, or modification
of any character whatsoever.
PROVIDED, FURTHER, that no final settlement between the OWNER and the
PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose
claim may be unsatisfied. The OWNER is the only beneficiary hereunder.
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WITNESS WHEREOF, this instrument is executed in I I .
counterparts, each of which shall be deemed an original, this the
day of .
ATTEST:
(Principal) Secretary
(SEAL)
Witness as to Principal
City State
ATTEST:
Witness to Surety
Address
City State
By.
Address
City
Surety
By
Attorney -in -Fact
Address
(s)
State
City State
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is partnership, all partners should execute
BOND.
IMPORTANT: Surety companies executing BONDS must appear on the
Treasury Department's most current list (Circular 570 as
amended) and be authorized to transact business in the
State where the Project is located.
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NOTICE OF AWARD
TO:
PROJECT Description:
The OWNER has considered the BID submitted by you for the above described
WORK in response to its Advertisement for Bids dated , 19
You are hereby notified that your BID has been accepted for items in the
amount of $
You are required by the information for Bidders to execute the Agreement and
furnish the required CONTRACTOR'S Performance BOND, Payment BOND and
certificates of insurance within ten (10) calendar days from the date of this
Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within ten
(10) days from the date of this Notice, said OWNER will be entitled to
consider all your rights arising out of the OWNER'S acceptance of your BID
as abandoned and as a forfeiture of your BID BOND. The OWNER will be
entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to
the OWNER.
Dated this day of , 19
City of Fayetteville.
Owner
By
Title
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged:
By
this day of , 19
By Title
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NOTICE TO PROCEED
TO: Date:_
Project:
You are hereby notified to commence WORK in accordance with the Agreement
dated , 19 , on or before 19 . you
are to complete the WORK within consecutive calendar days
thereafter. The date of completion of all WORK is therefore
10, 19__
City of Fayetteville
Owner
By
Title
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO
PROCEED is hereby acknowledged:
By
this the , 19_
By
Title
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CHANGE ORDER
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ORDER NUMBER:
DATE:
AGREEMENT DATE:
NAME OF PROJECT:
OWNER:
CONTRACTOR:
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Change to CONTRACT PRICE:
Original CONTRACT PRICE: s
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $
The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased)
by: $
The new CONTRACT PRICE due to this CHANGE ORDER will be $
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (decreased) by calendar days.
The date for completion of all work will be (Date).
Approvals Required:
To
be effective
this
Change
Order must be approved
by the OWNER
If
It
changes
the
scope or
objective
of
the PROJECT, or as may
otherwise be
required.
Requested by:
Recommended by:
Ordered by:
Accepted by:
Owner:
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GENERAL CONDITIONS
1.
Definitions
17.
Subsurface Conditions
2.
Additional Instructions
and Detail
18.
Suspension of Work, Termin-
Drawings
nation, and Delay
3.
Schedules,
Reports,
and Records
19.
Payments to Contractor
4.
Drawings
and Specifications
20.
Acceptance of Final Payment
5.
Shop Drawings
as Release
6.
Materials,
Services,
and Facilities
21.
Insurance
7.
Inspection
and Testing
22.
Contract Security
8.
Substitutions
23.
Assignments
9.
Patents
24.
Indemnification
10.
Surveys,
Permits, Regulations
25.
Separate Contracts
11.
Protection
of Work,
Property,
Persons
26.
Subcontracting
Subcontracting
12.
Supervision
by Contractor
27.
Engineer's Authority
13.
Changes
in the Work
28.
Land and Right -of -Way
14.
Changes
in
Contract
Price
29.
Guaranty
15.
Time for
Completion
and Liquidated
30.
Arbitration
Damages
31.
Taxes
16.
Correction
of Work
1.
DEFINITIONS
1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall have
the meanings indicated and shall be applicable to both the singular and
plural thereof:
1.2 ADDENDA - Written or graphic instruments issued prior to the execution
of the Agreement which modify or interpret the CONTRACT DOCUMENTS,
DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications,
or corrections.
1.3 BID - The offer or proposal of the BIDDER submitted on the prescribed
form setting forth the prices for the WORK to be performed.
1.4 BIDDER - Any person, firm or corporation submitting a BID for the WORK.
1.5 BONDS - Bid, Performance, and Payment Bonds and other instruments of
surety, furnished by the CONTRACTOR authorizing an addition, deletion,
or revision in the WORK within the general scope of the CONTRACT
DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or
CONTRACT TIME.
1.6 CHANGE ORDER - A written order to the CONTRACTOR authorizing an
addition, deletion, or revision in the WORK within the general scope of
the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT
PRICE or CONTRACT TIME.
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1.7 CONTRACT DOCUMENTS - The contract, including Advertisement for Bids,
instructions to BIDDERS, BID BOND, BID, Agreement, Payment BOND, NOTICE
OF AWARD, NOTICE TO PROCEED, CHANGE ORDER, GENERAL CONDITIONS, SPECIAL
CONDITIONS, SPECIAL INSTRUCTIONS, TECHNICAL SPECIFICATIONS, ATTACHMENTS,
DRAWINGS AND ADDENDA.
1.8 CONTRACT PRICE - The total monies payable to the CONTRACTOR under the
terms and conditions of the CONTRACT DOCUMENTS.
1.9 CONTRACT
TIME
- The number
of
calendar
days stated in the CONTRACT
DOCUMENTS
for
the completion
of
the
WORK.
1.10 CONTRACTOR - The person, firm, or corporation with whom the OWNER has
executed the Agreement.
1.11 DRAWINGS - The parts of the CONTRACT DOCUMENTS which show the
characteristics and scope of the WORK to be performed and which have
been prepared or approved by the ENGINEER.
1.12 ENGINEER - The person, firm, or corporation named as such in the
CONTRACT DOCUMENTS.
1.13 FIELD ORDER - A written order effecting a change in the WORK not
involving an adjustment in the CONTRACT PRICE or an extension of the
CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during
construction.
1.14 NOTICE OF AWARD - The written notice of the acceptance of the BID from
the OWNER to the successful BIDDER.
1.15 NOTICE TO PROCEED - Written communication issued by the OWNER to the
CONTRACTOR authorizing him/her to proceed with the WORK and establishing
the date for commencement of the WORK.
1.18 OWNER - A public or quasi -public body or authority, corporation,
association, partnership, or an individual for whom the WORK Is to be
performed.
1.17 PROJECT - The undertaking to be performed as provided in the CONTRACT
DOCUMENTS.
1.18 RESIDENT PROJECT ENGINEER - The authorized representative of the OWNER
who is assigned to the PROJECT site or any part thereof.
1.19 SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures,
schedules, and other data which are prepared by the CONTRACTOR, a
SUBCONTRACTOR, manufacturer, supplier, or distributor, which illustrate
how specific portions of the WORK shall be fabricated or installed.
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1.20 SPECIFICATIONS - A part of the CONTRACT DOCUMENTS consisting of written
descriptions of a technical nature of materials, equipment, construction
systems, standards and workmanship.
1.21 SUBCONTRACTOR - An individual, firm, or corporation having a direct
contract with CONTRACTOR or with any other SUBCONTRACTOR for the
performance of a part of the WORK at the site.
1.22 SUBSTANTIAL COMPLETION - That date
certified by the ENGINEER
when
the
construction of the PROJECT or a
specified
part thereof is sufficiently
completed, in accordance with
the
CONTRACT DOCUMENTS, so
that
the
PROJECT or specified
part can be
utilized
for the purposes for
which
it
is intended.
1.23 SUPPLEMENTAL GENERAL CONDITIONS - Modifications to General Conditions
required by a Federal agency for participation in the PROJECT and
approved by the agency in writing prior to inclusion in the CONTRACT
DOCUMENTS, or such requirements that may be imposed by applicable state
laws.
1.24 SUPPLIER - Any person or organization who supplies materials or
equipment for the WORK, including that fabricated to a special design,
but who does not perform labor at the site.
1.25 WORK - All labor necessary to produce the construction required by the
CONTRACT DOCUMENTS, and all materials and equipment incorporated or to
be incorporated in the PROJECT.
1.26 WRITTEN NOTICE - Any notice to any party of the Agreement relative to
any part of this Agreement in writing and considered delivered and the
service thereof completed, when posted by certified or registered mail
to the said party at their last given address, or delivered in person
to said party or their authorized representative on the WORK.
2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS
2.1 The CONTRACTOR may be furnished additional instructions and detail
drawings, by the ENGINEER, as necessary to carry out the WORK required
by the CONTRACT DOCUMENTS.
2.2 The additional drawings and instructions thus supplied will become a
part of the CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK
in accordance with the additional detail drawings and instructions.
3. SCHEDULES, REPORTS, AND RECORDS
3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities
and costs, progress schedules, payrolls, reports, estimates, records
and other data where applicable as are required by the CONTRACT
DOCUMENTS for the WORK to be performed.
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3.2 Prior to the first partial payment estimate the CONTRACTOR shall submit
construction progress schedules showings the order in which the
CONTRACTOR proposes to carry on the WORK, including dates at which the
various parts of the WORK will be started, estimated date of completion
of each part and, as applicable:
3.2.1 The dates at which special detail drawings will be required; and
3.2.2 Respective dates for submission of SHOP DRAWINGS, the beginning of
manufacture, the testing and the installation of material, supplies and
equipment.
3.3 The CONTRACTOR shall also submit a schedule of payments that the
CONTRACTOR anticipates will be earned during the course of the WORK.
4. DRAWINGS AND SPECIFICATIONS
4.1 The intent of
the DRAWINGS and
SPECIFICATIONS
is that the CONTRACTOR
shall furnish
all labor, materials,
tools,
equipment, and transportation
necessary for
the proper execution
of
the WORK in accordance with the
CONTRACT DOCUMENTS and all incidental
work necessary to complete the
PROJECT in an
acceptable manner,
ready
for use, occupancy or operation
by the OWNER.
4.2 In case of conflict between the DRAWINGS and SPECIFICATIONS, the
SPECIFICATIONS shall govern. Figure dimensions on DRAWINGS shall govern
over general DRAWINGS.
4.3 Any discrepancies found between the DRAWINGS and SPECIFICATIONS and site
conditions or
any
inconsistencies
or ambiguities
in the DRAWINGS or
SPECIFICATIONS
shall
be
immediately
reported
to
the ENGINEER,
in
writing, who shall
promptly
correct
such inconsistencies
or ambiguities
in writing.
WORK
done
by the CONTRACTOR after
discovery of
such
discrepancies,
inconsistencies or
ambiguities
shall
be done at
the
CONTRACTOR's risk.
5. SHOP DRAWINGS
5.1 The CONTRACTOR
shall provide
SHOP DRAWINGS as may be necessary for the
prosecution of
the WORK
as required
by the CONTRACT DOCUMENTS. The
ENGINEER shall
promptly
review all
SHOP DRAWINGS. The ENGINEER'S
approval of any
SHOP DRAWING shall
not release the CONTRACTOR from
responsibility
for deviations
from the
CONTRACT DOCUMENTs. The approval
of any SHOP DRAWING which
substantially
deviates from the requirements
of the CONTRACT
DOCUMENTS
shall be evidenced
by a CHANGE ORDER.
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5.2 When submitted for the ENGINEER'S review, SHOP DRAWINGS shall bear the
CONTRACTORS'S certification that he has reviewed, checked and approved
the SHOP DRAWINGS and that they are in conformance with the requirements
of the CONTRACT DOCUMENTS.
5.3 Portions of the WORK requiring a SHOP DRAWING or sample submission shall
not begin until the SHOP DRAWING or submission has been approved by the
ENGINEER. A copy of each approved SHOP DRAWING and each approved sample
shall be kept in good order by the CONTRACTOR at the site and shall be
available to the ENGINEER.
8. MATERIALS, SERVICES AND FACILITIES
6.1 It is understood that, except as otherwise specifically stated in the
CONTRACT DOCUMENTS, the CONTRACTOR shall provide the pay for all
materials, labor, tools, equipment, water, light, power,
transportation, supervision, temporary construction of any nature, and all
other services and facilities of any nature whatsoever necessary to execute,
complete, and deliver the WORK within the specified time.
8.2 Materials and equipment shall be so stored as to insure the preservation
of their quality and fitness for the WORK. Stored materials and
equipment to be incorporated in the WORK shall be located so as to
facilitate prompt inspection.
8.3 Manufactured articles, materials, and equipments shall be applied,
installed, connected, erected, used, cleaned and conditioned as directed
by the manufacturer.
6.4 Materials,
supplies,
and equipment
shall
be
in
accordance with samples
submitted
by the
CONTRACTOR
and approved
by
the
ENGINEER.
8.5 Materials, supplies, or equipment to be incorporated into the WORK shall
not be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a
chattel mortgage or under a conditional sale contract or other agreement
by which an interest Is retained by the Seller.
7. INSPECTION AND TESTING
7.1 All materials and equipment used in the construction of the PROJECT
shall be subject to adequate inspection and testing in accordance with
generally accepted standards, as required and defined in the CONTRACT
DOCUMENTS.
7.2 The
OWNER shall
provide all
inspection and testing services not required
by
the CONTRACT
DOCUMENTS.
7.3 The
CONTRACTOR
shall
provide
at
the
CONTRACTOR'S
expense the testing
and
inspection
services
required
by
the CONTRACT
DOCUMENTS.
.
7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or
orders of any public authority having jurisdiction require any WORK to
specifically be inspected, tested, or approved by someone other than
the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of
readiness. The CONTRACTOR will then furnish the ENGINEER the required
certificates of inspection, testing or approval.
7.5 Inspections, tests, or approvals by the engineer or others shall not
relieve the CONTRACTOR from the obligations to perform the WORK in
accordance with the requirements of the CONTRACT DOCUMENTS.
7.6 The ENGINEER and the ENGINEER'S representatives will at all times have
access to the WORK. In addition, authorized representatives and
agents of any participating Federal or State agency shall be permitted
to inspect all work, materials, payrolls, records of personnel,
invoices of materials, and other relevant data and records of
personnel, invoices of materials, and other relevant data and
records. The CONTRACTOR will provide proper facilities for such access
and observation of the WORK and also for any inspection or testing
thereof.
7.7 If any WORK is covered contrary to the written instructions of the
ENGINEER it must, if requested by the ENGINEER, be uncovered for the
ENGINEER'S observation and replaced at the CONTRACTOR'S expense.
7.8 If the ENGINEER considers it necessary or advisable that covered WORK
be inspected or tested by other, the CONTRACTOR, at the ENGINEER'S
request, will uncover, expose or otherwise make available for
observation, inspection or testing as the ENGINEER may require, that
portion of the WORK in question, furnishing all necessary labor,
materials, tools, and equipment. If it is found that such WORK is
defective, the CONTRACTOR will bear all the expenses of such uncovering,
exposure, observation, inspection and testing and of satisfactory
reconstruction, if however, such WORK is not found to be defective, the
CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an
extension of the CONTRACT TIME, or both, directly attributable to such
uncovering, exposure, observation, inspection, testing and
reconstruction and an appropriate CHANGE ORDER shall be issued.
8. SUBSTITUTIONS
8.1 Whenever a material, article, or piece of equipment is identified on
the DRAWINGS or SPECIFICATIONS by reference to brand name or catalogue
numbers, it shall be understood that this is referenced for the purpose
of defining the performance or other salient requirements and that other
producers of equal capacities, quality and function shall be considered.
The CONTRACTOR may recommend the substitution of a
L-6
material, article, or piece of equipment of equal substance and function
for those referred to in the CONTRACT DOCUMENTS by reference to brand
name or catalogue number, and if, in the opinion of the ENGINEER, such
material, article, or piece of equipment is of equal substance and
function to that specified, the ENGINEER may approve its substitution
and use by the CONTRACTOR. Any cost differential shall be deductible
from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall be
appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that
is substitutes are approved, no major changes in the function or general
design of the PROJECT will result. Incidental changes or extra
component parts required to accommodate the substitute will be made by
the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME.
9. PATENTS
9.1 The CONTRACTOR shall pay all applicable royalties and license fees, and
shall defend all suits or claims for infringement of any patent rights
and save the OWNER harmless from loss on account thereof, except that
the OWNER shall be responsible for any such loss when a particular
manufacturer or manufacturers is specified, however, if the CONTRACTOR
has reason to believe that the design, process or product specified is
an infringement of a patent, the CONTRACTOR shall be responsible for
such loss unless the CONTRACTOR promptly gives such information to the
ENGINEER.
10. SURVEYS, PERMITS, REGULATIONS
10.1 The OWNER shall furnish all boundary surveys and establish all base
lines for locating the principal component parts of the WORK together
with a suitable number of bench marks adjacent to the WORK as shown in
the CONTRACT DOCUMENTS. From the information provided by the OWNER,
unless otherwise specified in the CONTRACT DOCUMENTS, the CONTRACTOR
shall develop and make all detail surveys needed for construction such
as slope stakes, batter boards, stakes for pipe locations and other
working points, lines, elevations and cut sheets.
10.2 The CONTRACTOR shall carefully preserve bench marks, reference points
and stakes and, in case of willful or careless destruction, shall be
charged with the resulting expense and shall be responsible for any
mistake that may be caused by their unnecessary loss or disturbance.
10.3 Permits and licenses of a temporary nature necessary for the prosecution
of the WORK shall be secured and paid for by the CONTRACTOR unless
otherwise stated in the SUPPLEMENTAL GENERAL CONDITIONS. Permits,
licenses and easements for permanent structures or permanent changes In
existing facilities shall be secured and paid
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for by the
OWNER, unless otherwise
specified. The CONTRACTOR shall
give
all notices and comply with
all
laws, ordinances, rules and regulations
bearing on
the conduct of
the
WORK as drawn and specified.
If the
CONTRACTOR
observes that
the
CONTRACT DOCUMENTS are at variance
therewith,
the CONTRACTOR
shall
promptly notify the ENGINEER in writing,
and any necessary changes
shall
be adjusted as provided in Section
13,
CHANGES IN
THE WORK.
11. PROTECTION OR WORK, PROPERTY, AND PERSONS
11.1 The CONTRACTOR will be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
WORK. The CONTRACTOR will take all necessary precautions for safety
of, will provide the necessary precautions for the safety of, and will
provide the necessary protection to prevent damage, injury or loss to
all employees on the WORK and other persons who may be affected thereby,
all the WORK and all materials or equipment to be incorporated therein,
whether in storage or off the site, and other property at the site or
adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadway,s structures and utilities not designated for removal,
relocation or replacement in the course of construction.
11.2 The CONTRACTOR will comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction. The
CONTRACTOR will erect and maintain, as required by the conditions and
progress of the WORK, all necessary safeguards for safety and
protection. The CONTRACTOR will notify owners of adjacent utilities
when prosecution of the WORK may affect them. The owners of adjacent
utilities when prosecution of the WORK may affect them. The CONTRACTOR
will remedy all damage, injury or loss to any property caused, directly
or indirectly employed by any of them or anyone of whose acts any of
them be liable, except damage or loss attributable to the fault of the
CONTRACT DOCUMENTS or to the acts or omissions of the OWNER, of the
ENGINEER or anyone employed by either of them or anyone for whose acts
either of them may be liable, and not attributable, directly or
indirectly, in whole or in part, to the fault or negligence of the
CONTRACTOR.
11.3 In emergencies affecting the safety of persons or the WORK or property
at the site or adjacent thereto, the CONTRACTOR, without special
instructions or authorization from the ENGINEER or OWNER, shall act to
prevent threatened damage, injury, or loss. The CONTRACTOR will give
the ENGINEER prompt WRITTEN NOTICE of any significant changes In the
WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a
CHANGE ORDER shall thereupon be issued covering the changes and
deviations involved.
12. SUPERVISION BY CONTRACTOR
a
12.1 The CONTRACTOR will supervise and direct the WORK
responsible for the means, methods, techniques, se
of construction. The CONTRACTOR will employ and
a qualified supervisor or superintendent who shall
in writing by the CONTRACTOR as the CONTRACTOR'S
site. The supervisor shall have full authority to
CONTRACTOR and all communications given to the s
binding as if given to the CONTRACTOR. The supery
on the site at all time as required to perform ade
coordination of the WORK.
13. CHANGES IN WORK
. He will be solely
quences and procedures
maintain on the WORK
have been designated
representative at the
act on behalf of the
upervisor shall be as
isor shall be present
quate supervision and
13.1 The OWNER may at any time, as the need arises, order changes within the
scope of the WORK without invalidating the Agreement. It such changes
increase or decrease the amount due under the CONTRACT DOCUMENTS, or in
the time required for performance of the WORK, an equitable adjustment
shall be authorized by CHANGE ORDER.
13.2 The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make
changes in the details of the WORK. The CONTRACTOR shall proceed with
the performance of any changes in the WORK so ordered by the ENGINEER
unless the CONTRACTOR believes that such FIELD ORDER entitles the
CONTRACTOR to a change in CONTRACT PRICE or TIME, or both, in which
event the CONTRACTOR shall give the ENGINEER WRITTEN NOTICE thereof
within seven (7) days after the receipt of the ordered change.
Thereafter the CONTRACTOR shall document the basis for the change in
CONTRACT PRICE or TIME within thirty (30) days. The CONTRACTOR shall
not execute such changes pending the receipt of an executed CHANGE ORDER
or further instruction from the OWNER.
14. CHANGES IN CONTRACT PRICE
14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value of
any WORK covered by a CHANGE ORDER or at any claim for Increase or
decrease in the CONTRACT Price shall be determined by one or more of
the following methods in the order of precedence listed below:
(a) Unit prices previously approved.
(b) An agreed lump sum.
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15.r TIME FOR COMPLETION AND LIQUIDATED DAMAGES
15:1 The date of beginning and the time for completion of thr WORK•are
essential conditions of the CONTRACT DOCUMENTS and the WORK
embraced shall be commenced on a date specified in a written NOTICE
TO PROCEED.
15.2 The CONTRACTOR will proceed with the WORK at such a rate of
progress to insure full
completion within
the CONTRACT TIME.
It
is expressly understood
and agreed, by and
between the CONTRACTOR
and the OWNER, that the
CONTRACT TIME for
the completion of
the
WORK described herein
is a reasonable
time, taking into
consideration the average
climatic and economic
conditions
and
other factors prevailing
in the locality of
the WORK.
15.3 It the CONTRACTOR shall tail to complete the WORK within the
CONTACT TIME, or extension of time granted by the OWNER, then the
CONTRACTOR will pay to the OWNER the amount for liquidated damages
as specified in the BID for each calendar day that the CONTRACTOR
shall be in default after the time stipulated in the CONTRACT
DOCUMENTS.
15.4 The CONTRACTOR shall not be charged with Liquidated damages or any
excess cost when the delay in completion of the WORK is due to the
following and the CONTRACTOR has promptly given WRITTEN NOTICE of
such delay to the OWNER or ENGINEER.
15.4.1 To any preference, priority or allocation order duly issued by
the OWNER.
15.4.2 To unforeseeable causes beyond the control and without the fault
or negligence of the CONTRACTOR, including but not restricted to,
acts of God, or of the public enemy, acts of the OWNER, acts of
another CONTRACTOR in their performance of a contract with the
OWNER, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, and abnormal and unforeseeable
weather; and
15.4.3 To any delays of SUBCONTRACTORS occasioned by any of the causes
specified in paragraphs 15.4.1 and 15.4.2 of this article.
16. CORRECTION OF WORK
16.1 The CONTRACTOR shall promptly remove from the premises all WORK
rejected by the ENGINEER for failure to comply with the CONTRACT
DOCUMENTS, whether incorporated in the construction or not, and the
CONTRACTOR shall promptly replace and reexecute the WORK in
accordance with the CONTRACT DOCUMENTS and without expense to the
OWNER and shall bear the expense of making good all WORK of other
CONTRACTORS destroyed or damaged by such removal or replacement.
16.2 All removal and replacement WORK shall be done at the CONTRACTOR'S
expense. If the CONTRACTOR does not take action to remove such
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rejected WORK within ten (10) days after receipt of WRITTEN NOTICE,
the OWNER may remove such WORK and store the materials at the
expense of the CONTRACTOR.
17. SUBSURFACE CONDITIONS
17.1 The CONTRACTOR shall promptly, and before such conditions are
disturbed, except in the event of any emergency, notify the OWNER
by WRITTEN NOTICE of:
17.1.1 Subsurface or latent physical conditions at the site differing
materially from those indicated in the CONTRACT DOCUMENTS; or
17.1.2 Unknown physical conditions at the site, of an unusual nature,
differing materially from those ordinarily encountered and
generally recognized as inherent in WORK of the character provided
for in the CONTRACT DOCUMENTS.
17.2 The OWNER shall promptly investigate the conditions, and if it
found that such conditions do so materially differ and cause an
increase or decrease in the cost of, or in the time required for,
performance of the WORK, an equitable adjustment shall be made and
the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any
claim of the CONTRACTOR for adjustment hereunder shall not be
allowed unless the required WRITTEN NOTICE has been given; provided
that the OWNER may, if the OWNER determines the facts so justify,
consider and adjust any such claims asserted before the date of
final payment.
18. SUSPENSION OF WORK, TERMINATION, AND DELAY
18.1 The OWNER may suspend the WORK or any portion thereof for a period
of not more than ninety days or such further time as agreed upon
by the CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the
ENGINEER which shall fix the date on which WORK shall be resumed.
The CONTRACTOR will resume that WORK on the date so fixed. The
CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an
extension of the CONTRACT TIME, or both, directly attributable to
any suspension.
18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or makes a
general assignment for the benefit of its creditors, or if a
trustee or receiver is appointed for the CONTRACTOR or for any of
its property, or it CONTRACTOR tiles a petition to take advantage
of any debtor's act, or to reorganize under the bankruptcy or
applicable laws, or repeatedly fails to supply sufficient skilled
workmen or suitable materials or equipment, or repeatedly fails to
make prompt payments to SUBCONTRACTOR or for labor, materials or
equipment or disregards laws, ordinances, rules, regulations or
orders of any public body having Jurisdiction of the WORK or
disregards the authority of the ENGINEER, or otherwise violates any
provision of the CONTRACT DOCUMENTS, then the OWNER may, without
prejudice to any other right or remedy and after giving the
CONTRACTOR and its surety a minimum of ten (10) days from delivery
of a WRITTEN NOTICE, terminate
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•
a
the services of the CONTRACTOR and take possession of the PROJECT
and of all materials, equipment, tools, construction equipment and
machinery thereon owned by the CONTRACTOR, and finish the WORK by
whatever method the OWNER may deem expedient. In such case the
CONTRACTOR shall not be entitled to receive any further payment
until the WORK is finished. If the unpaid balance of the CONTRACT
PRICE exceeds the direct and indirect costs of completing the
PROJECT, including compensation for additional services, such
excess SHALL BE PAID TO THE CONTRACTOR. If such costs exceed such
unpaid balance, the CONTRACTOR will pay the difference to the
OWNER. Such costs incurred by the OWNER will be determined by the
ENGINEER and incorporated in a CHANGE ORDER.
18.3 Where the CONTRACTOR'S
services
have been
so
terminated by the
OWNER, said terminations
shall
not affect
any
right of the OWNER
against the CONTRACTOR
then
existing or
which
may thereafter
accrue. Any retention
payment of monies
by
the OWNER due the
CONTRACTOR will not release
from compliance
with the CONTRACT
DOCUMENTS.
18.4 After ten (10)
CONTRACTOR and
without prejudi
the PROJECT ai
CONTRACTOR sha
sustained plus
days from delivery of a WRITTEN NOTICE to the
the ENGINEER, the OWNER may, without cause and
ce to any other right or remedy, elect to abandon
id terminate the CONTRACT. In such case the
I be paid for all WORK executed and any expense
reasonable profit.
18.5 If, through no act or fault of the CONTRACTOR, the WORK is
suspended for a period of more than ninety (90) days by the OWNER
or under an order of court or other public authority, or the
ENGINEER fails to act on any request for payment within thirty (30)
days after it is submitted, or the OWNER fails to pay the
CONTRACTOR substantially the sum approved by the ENGINEER or
awarded by arbitrators within thirty (30) days of its approval and
presentation, then the CONTRACTOR may, after ten (10) days from
delivery of a WRITTEN NOTICE to the OWNER and the ENGINEER
terminate the CONTRACT and recover from the OWNER payment for all
WORK executed and all expenses sustained. In addition and in lieu
of terminating the CONTRACT, if the ENGINEER has failed to act on
a request for payment or if the OWNER has failed to make any
payment as aforesaid, the CONTRACTOR may upon ten (10) days written
notice to the OWNER and the ENGINEER stop the WORK until paid all
amounts then due, in which event and upon resumption of the WORK
CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or
extending the CONTRACT TIME or both to compensate for the costs and
delays attributable to the stoppage of the WORK.
18.6 If the performance of a
delayed, or interrupted
ENGINEER to act within
CONTRACT PRICE or an ext
be made by CHANGE ORDER
and delays necessarily
ENGINEER.
I or any portion of the WORK is suspended,
as a result of a failure of the OWNER or
a reasonable time, an adjustment in the
ension of the CONTRACT TIME, or both, shall
to compensate the CONTRACTOR for the costs
caused by the failure of the OWNER or
C
L
19. PAYMENT TO CONTRACTOR
19.1 At least ten (10) days before each progress payment falls due (but
not more often than once a month), the CONTRACTOR will submit to
the ENGINEER a partial payment estimate filled out and signed by
the CONTRACTOR covering the WORK performed during the period
covered by the partial payment estimated and supported by such data
as the ENGINEER may reasonably require. If payment is requested
on the basis of materials and equipment not incorporated in the
WORK but delivered and suitably stored at or near the site, the
partial payment estimate shall also be accompanied by such
supporting data, satisfactory to the OWNER, as will establish the
OWNER'S title to the material and equipment and protect the OWNER'S
interest therein, including applicable insurance. The ENGINEER
will, within ten (10) days after receipt of each partial payment
estimate, either indicate in writing approval of payment, and
present the partial payment estimate to the OWNER, or return the
partial payment estimate to the CONTRACTOR indicating in writing
the reasons for refusing to approve payment. In the latter case,
the CONTRACTOR may make the necessary corrections an resubmit the
partial payment estimate. The OWNER will, within ten (10) days of
presentation of an approved partial payment estimate, pay the
CONTRACTOR a progress payment on the basis of the approved partial
payment estimate less the retainage. The retainage shall be an
amount equal to 10% of said estimate until 50% of the work has been
completed. At 50% completion, further partial payments shall be
made in full to the CONTRACTOR and no additional amounts may be
retained unless the ENGINEER certified that the job is not
proceeding satisfactorily, but amounts previously retained shall
not be paid to the CONTRACTOR. When the WORK has been
substantially completed except for WORK which cannot be completed
because of weather conditions, lack of materials, or other reasons
which in the judgement of the OWNER are valid reasons for
noncompletion, the OWNER may make additional payments, retaining
at all time an amount sufficient to cover the estimated cost of the
WORK still to be completed.
19.2 The request for payment may also include an allowance for the cost
of such major materials and equipment which are suitably stored
either at or near the site.
19.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the approval of
the ENGINEER and with the concurrence of the CONTRACTOR, may use
any completed or substantially completed portions of the WORK.
Such use shall not constitute an acceptance of such portions of the
WORK.
19.4 The OWNER shall have the right to enter the premises for the
purpose of doing work not covered by the CONTRACT DOCUMENTS. This
provision shall not be construed as relieving the CONTRACTOR of the
sole responsibility for the care and protection of the WORK, or the
restoration of any damaged WORK except such as may be caused by
agents or employees of the OWNER.
20
. . .
19.5 Upon completion and acceptance of the WORK, the ENGINEER sha
issue a certificate attached to
the final
payment request that the
WORK has
been accepted under
the conditions of the CONTRACT
DOCUMENTS.
The entire balance
found
to be due the CONTRACTOR,
including
the retained percentages,
but
except such sums as may be
lawfully retained
by the OWNER,
shall
be paid to the CONTRACTOR
within thirty
(30) days of completion
and acceptance of the WORK.
19.8 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S
agents harmless from all claims growing out of the lawful demand
of SUBCONTRACTORS, laborers, workmen, mechanics, materialmen, and
furnishers of machinery and parts thereof, equipment, tools, and
all supplies, incurred in the furtherance of the performance of the
WORK. The CONTRACTOR shall, at the OWNER'S request, furnish
satisfactory evidence that all obligations at the nature designated
above have been paid, discharged, or waived. If the CONTRACTOR
fails to do so the OWNER may, after having notified the CONTRACTOR,
either pay unpaid bills or withhold from the CONTRACTOR'S unpaid
compensation a sum of money deemed reasonably sufficient to pay any
and all such lawful claims until satisfactory evidence is furnished
that all liabilities have been fully discharged whereupon payment
to the CONTRACTOR shall be resumed in accordance with the terms of
the CONTRACT DOCUMENTS, but in no event shall the provisions of
this sentence be construed to impose any obligations upon the OWNER
to either the CONTRACTOR, the CONTRACTOR'S Surety, or any third
party. In paying any unpaid bills of the CONTRACTOR, any payment
so made by the OWNER shall be considered as a payment made under
the CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER
shall not be liable to the CONTRACTOR for any such payments made
in good faith.
19.7 If the OWNER fails to make payment thirty (30) days after approval
by the ENGINEER, in addition to other remedies available to the
CONTRACTOR, there shall be added to each such payment interest at
the maximum legal rate commencing on the first day after said
payment is due and continuing until the payment is received by the
CONTRACTOR.
ACCEPTANCE OF FINAL PAYMENT AS RELEASE
20.1 The acceptance by the CONTRACTOR of final payment shall be and
shall operate as a release to the OWNER of all claims and all
liability to the CONTRACTOR other than claims in stated amounts as
may be specifically expected by the CONTRACTOR for all things done
or furnished in connection with this WORK and for every act and
neglect of the Owner and other related to arising out of this WORK.
Any payment, however, final or otherwise, shall not release the
CONTRACTOR or its sureties from any obligations under the CONTRACT
DOCUMENTS or the Performance and Payment BONDS.
21. INSURANCE
21.1 The CONTRACTOR shall purchase and maintain such insurance as will
protect it from claims set forth below which may arise out of, or
result from, the CONTRACTOR'S execution of the WORK, whether such
execution by the CONTRACTOR, any SUBCONTRACTOR, or by anyone
directly or indirectly employed by any of them, or by anyone. for
whose acts any of them may be liable.
21.1.1 Claims under workmen's compensation, disability benefit and other
similar employee benefit acts;
21.1.2 Claims for damages because of bodily injury, occupational
sickness or disease, or death of employees;
21.1.3 Claims for damages because of bodily injury, sickness or disease,
or death of any person other than employees;
21.1.4 Claims for damages insured by usual personal injury liability
coverage which are sustained (1) by any person as a result of an
offense directly or indirectly related to the employment of such
person by the CONTRACTOR, or (2) by any other person; and
21.1.5
Claims
for damages
because of
injury to
or
destruction of
tangible
property, including
loss of
use resulting
therefrom.
21.2 Certificates of Insurance acceptable to the OWNER shall be filed
with
the OWNER prior to
commencement
of the WORK. These
Certificates
shall contain
a provision
that coverages afforded
under
the policies will not
be cancelled
unless at least fifteen
(15)
days prior WRITTEN NOTICE
has been given
to the OWNER.
21.3 The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own
expense during the CONTRACT TIME, liability insurance as
hereinafter specified:
21.3.1 CONTRACTOR'S General Public Liability and Property Damage
Insurance including vehicle coverage issued to the CONTRACTOR and
protecting the CONTRACTOR from all claims for personal injury,
including death, and all claims for destruction of or damage to
property, arising out of or in connection with any operations under
the CONTRACT DOCUMENTS, whether such operations be by the
CONTRACTOR or by any SUBCONTRACTOR employed by the CONTRACTOR or
anyone directly or indirectly employed by the CONTRACTOR or by a
SUBCONTRACTOR employed by the CONTRACTOR. Insurance shall be
written with a limit of liability of not less than $500,000.00 for
all damages arising out of bodily injury, including death, at any
time resulting therefrom, sustained by any one person in any one
accident; and a limit of liability of not less than $500,000
aggregate for any such damages sustained by two or more persons in
any one accident. Insurance shall be written with a limit of
liability of not less the $200,000.00 for all property damage
sustained by two or more persons in any one accident.
21.3.2 The CONTRACTOR shall acquire and maintain, if applicable, Fire
and Extended Coverage insurance upon the PROJECT to the full
L-15
4
insurable value thereof for the benefit of the OWNER,. the
• CONTRACTOR, and SUBCONTRACTORS as their interest may appear.♦.This
provision shall in no way release the CONTRACTOR or CONTRACTOR'S
surety from obligations under the CONTRACT DOCUMENTS to fully
complete the PROJECT.
21.4 The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own
expense, during the CONTRACT TIME, in accordance with the
provisions of the laws of the state in which the WORK is performed,
Workmen's Compensation Insurance, including occupational disease
provisions, for all of the CONTRACTOR'S employees at the site of
the PROJECT and in case any WORK is sublet, the CONTRACTOR shall
require such SUBCONTRACTOR similarly to provide Workmen's
Compensation Insurance, including occupational disease provisions
for all of the latter's employees unless such employees are covered
by the protection afforded by the CONTRACTOR. In case any class
of employees engaged in hazardous work under this contract at the
site of the PROJECT is not protected under Workmen's Compensation
statue, the CONTRACTOR shall provide, and shall cause each
SUBCONTRACTOR to provide, adequate and suitable insurance for the
protection of its employees not otherwise protected.
21.5 The CONTRACTOR shall secure, it applicable, "aII Risk' type
Builder's Insurance for WORK to be performed. Unless specifically
authorized by the OWNER, the amount of such insurance shall not be
less than the CONTRACT PRICE totaled in the BID. The policy shall
cover not less than the losses due to fire, explosion, hail,
lightning, vandalism, malicious mischief, wind, collapse, riot,
aircraft, and smoke during the CONTRACT TIME, and until the WORK
is accepted by the OWNER. The policy shall name as the insured the
CONTRACTOR, and the OWNER.
22. CONTRACT SECURITY
22.1 The CONTRACTOR shall within ten (10) days after the receipt of a
written NOTICE OF AWARD furnish the OWNER with a Performance BOND
and a payment BOND in penal sums equal to the amount of the
CONTRACT PRICE, conditioned upon the performance by the CONTRACTOR
of all undertakings, covenants, terms, conditions and agreements
of the CONTRACT DOCUMENTS, and upon the prompt payment by the
CONTRACTOR to all persons supplying labor and materials in the
prosecution of the WORK provided by the CONTRACT DOCUMENTS. Such
BONDS shall be executed by the CONTRACTOR and a corporate bonding
company licensed to transact such business in the state in which
the WORK is to be performed and named on the current list of
"Surety Companies Acceptable on Federal Bonds" as published in the
Treasury Department Circular Number 570. The expense of these
BONDS shall be borne by the CONTRACTOR. If any time a surety on
any such BOND is declared a bankrupt or loses its right to do
business in the state in which the WORK is to be performed or is
removed from the list of "Surety Companies Acceptable on Federal
Bonds", the CONTRACTOR shall within ten (10) days after notice from
the OWNER to do so, substitute an acceptable BOND (or BONDS) in
such form and sum and signed by such other surety or sureties as
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a a
•
23
24
25
may be satisfactory
to as may be satisfactory to the OWNER. .The
premiums on
such
BOND shall be paid
by the CONTRACTOR.
N6 further
payment shall
be
deemed due nor shall
be made until the
new surety
or sureties
shall
have furnished an
acceptable BOND to
the OWNER.
ASSIGNMENTS
23.1 Neither the CONTRACTOR nor
or otherwise dispose of the
any right, title or interest
without written consent of
INDEMNIFICATION
the OWNER shall sell, transfer, assign,
CONTRACT or any portion thereof, or of
therein, or any obligation thereunder,
the other party.
24.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the
ENGINEER and their agents and employees from and against all
claims, damages, losses and expenses including attorney's fees
arising out of or resulting from the performance of the WORK,
provided that any such claims, damage, loss or expense is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property including the loss
of use resulting therefrom; and is caused In whole or in part by
any negligent or willful act or omission of the CONTRACTOR, and
SUBCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable.
24.2 In any and all claims against the OWNER or the ENGINEER, or any of
their agents or employees, by any employee of the CONTRACTOR, any
SUBCONTRACTOR, anyone directly or indirectly employed by any of
them, or anyone for whose acts any of them may be liable, the
indemnification obligation shall not be limited in any way by any
limitation on the amount or type of damages, compensation or
benefits payable by or for the CONTRACTOR or any SUBCONTRACTOR
under workmen's compensation acts, disability benefit acts or other
employee benefits acts.
24.3 The obligation of the CONTRACTOR under this paragraph shall not
exceed to the liability of the ENGINEER, its agents or employees
arising out of the preparation or approval of maps, DRAWINGS,
opinions, reports, surveys, CHANGE ORDERS, designs or
SPECIFICATIONS.
SEPARATE CONTRACTS
25.1 The OWNER reserves the right to let other contracts in connection
with this PROJECT. The CONTRACTOR shall afford other CONTRACTORS
reasonable opportunity for the introduction and storage of their
materials and the execution of their WORK, and shall properly
connect and coordinate the WORK with theirs. If the proper
execution or results of any part of the CONTRACTOR'S WORK depends
upon the WORK of any other CONTRACTOR, the CONTRACTOR shall inspect
and promptly report to the ENGINEER any defects in such WORK that
render it unsuitable for such proper execution and results.
L-17
The OWNER may perform additional WORK related to the PROJECT or the
OWNER may let other contracts containing provisions similar to
these. The CONTRACTOR will afford the other CONTRACTORS who are
parties to such Contracts (or the OWNER if the OWNER if performing
the additional WORK) reasonable opportunity for the introduction
and storage of materials and equipment and the execution of WORK,
and shall properly connect and coordinate the WORK with others.
If the performance of additional WORK by other CONTRACTOR or the
OWNER is not noted in the CONTRACT DOCUMENTS prior to the execution
of the CONTRACT, written notice thereof shall be given to the
CONTRACTOR prior to starting any such additional WORK. If the
CONTRACTOR believes that the performance of such additional WORK
by the OWNER or other involves in it additional expense or entitles
it to an extension of the CONTRACT TIME, the CONTRACTOR may make
a claim thereof as provided in Section 14 and 15.
SUBCONTRACTING
The CONTRACTOR may utilize the services of specialty SUBCONTRACTS
on those parts of the WORK which, under normal contracting
practices, are performed by specialty SUBCONTRACTORS.
The CONTRACTOR shall not award WORK to SUBCONTRACTOR(S), in excess
of fifty (50%) percent of the CONTRACT PRICE, without prior written
approval of the OWNER.
The CONTRACTOR shall be fully responsible to the OWNER for
and omissions of its SUBCONTRACTORS, and of persons either
or indirectly employed by the, as the CONTRACTOR is for
and omissions of persons directly employed by it.
The CONTRACTOR shall cause appropriate provisions to be inserted
in all subcontracts relative to the WORK to bind SUBCONTRACTORS to
the CONTRACTOR by the terms of the CONTRACT DOCUMENTS Insofar as
applicable to the WORK of SUBCONTRACTORS and give the CONTRACTOR
the same power as regards terminating any subcontract that the
owner may exercise over the CONTRACTOR under any provision of the
CONTRACT DOCUMENTS.
containing in this CONTRACT shall create any contractual
between any SUBCONTRACTOR and the OWNER.
ENGINEER'S AUTHORITY
The ENGINEER shall act as the OWNER'S representative during the
construction period, shall decide questions which may arise as to
quality and acceptability of materials furnished and WORK
performed, and shall interpret the intent of the CONTRACT DOCUMENTS
in a fair and unbiased manner. The ENGINEER will make visits to
the site and determine If the WORK is proceeding in accordance with
the CONTRACT DOCUMENTS.
28.
29.
27.2 The CONTRACTOR will be held strictly to the intent of the CONTRACT
DOCUMENTS in regard to the quality of materials, workmanship, and
execution of the WORK. Inspections may be at the factory or
fabrication plant of the source of material supply.
27.3 The ENGINEER will not be responsible for the construction means,
controls, techniques, sequences, procedures, or construction
safety.
27.4 The ENGINEER shall promptly make decisions relative to
interpretation of the CONTRACT DOCUMENTS.
LAND AND RIGHTS -OF -WAY
28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all
land and rights -of -way necessary for carrying out and for the
completion of the WORK to be performed pursuant to the CONTRACT
DOCUMENTS, unless otherwise mutually agreed.
28.2 The OWNER shall provide to the CONTRACTOR information which
delineates and describes the lands owned and rights -of -way
acquired.
28.3 The CONTRACTOR shall provide at its own expense and without
liability to the OWNER any additional land and access thereto that
the CONTRACTOR may desire for temporary construction facilities,
or for storage of materials.
GUARANTEE
29.1 The CONTRACTOR shall guarantee all materials and equipment
furnished and WORK performed for a period of one (1) year from the
date of SUBSTANTIAL COMPLETION. The CONTRACTOR warrants and
guarantees for a period of one (1) year from the date of
SUBSTANTIAL COMPLETION of the system that the completed system is
tree from all detects due to faulty materials or workmanship and
the CONTRACTOR shall promptly make such corrections as may be
necessary by reason of such detects including the repairs of the
damage of other parts of the system resulting from such defects.
The OWNER will give notice of observed defects with reasonable
promptness. In the event that the CONTRACTOR should fail to make
such repairs, adjustments, or other WORK that may be made necessary
by such defects, the OWNER may do so and charge the CONTRACTOR the
cost thereby incurred. The Performance BOND shall remain in full
force and effect through the guarantee period.
30. ARBITRATION
30.1 All claims, disputes,
and other matters in
question
arising
out of,
or relating to, the
CONTRACT DOCUMENTS
or the
breach thereof,
except for claims
which have been waived
by
the
making an
acceptance of final
payment as provided
by Section
20,
shall be
decided by arbitration in accordance with
the construction
industry
Arbitration Rules of
the American Arbitration
Association.
This
agreement to arbitrate
shall
•
• • •
be specifically enforceable under the prevailing arbitration law.
The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in any court having jurisdiction thereof.
30.2 Notice of the demand for arbitration shall be filed in writing with
the owner party to the CONTRACT DOCUMENTS and with the American
Arbitration Association, and a copy shall be filed with ENGINEER.
Demand for arbitration shall in no event be made on any claim,
dispute, or other matter in question which would be barred by the
applicable statute of limitations.
30.3 The CONTRACTOR will carry on the WORK and maintain the progress
schedule during any arbitration proceedings, unless otherwise
mutually agreed in writing.
31. TAXES
31.1 The CONTRACTOR will pay all sales, consumer, use, and other similar
taxes required by the laws of the place where the WORK is
performed.
SPECIAL CONDITIONS
GENERAL
DESCRIPTION
OF WORK. The work to be
performed under this
Contract
consists
of the furnishing of all
materials, equipment,
tools,
supplies,
and the performance of
all necessary labor
required
to construct
the work as follows:
Clearing
and
grubbing of area to be
affected; excavation
and
backfill
for
curb and gutter
construction;
excavation
and
filling
to shape ditches
and back
slopes;
curb and
gutter
construction;
HMAC leveling/filler
course
construction;
polyproplyene
fabric
laydown;
HMAC
surface
course
construction;
backfilling
and final
shaping
of unpaved
areas;
and
application
of topsoil
with seeding
and
mulch.
SEQUENCE OF THE WORK. The work shall be carried on as desired by
the Contractor, subject to the approval of the Engineer and Owner.
Immediately after execution and delivery of the contract, and
before the first partial payment Is made, the Contractor shall
deliver to the Engineer an estimated construction progress schedule
in form satisfactory to the Engineer, showing the proposed dates
of commencement and completion of each of the various subdivisions
of work required under the Contract Documents.
MAINTENANCE OF TRAFFIC. Unless otherwise provided, the road while
undergoing improvements shall be kept open to all traffic by the
Contractor. When approved by the Engineer and Owner, the Contractor
may bypass traffic over an approved detour route. The Contractor
shall keep the portion of the project being used by public traffic,
whether it Is through or local traffic, in such condition that will
permit the safe, continuous flow of two-way traffic at all times.
When approved by the Engineer, areas where the nature of the work
restricts or prohibits two-way flow, one-way operation may be
maintained by the use of flagmen or timed signalization. The
Contractor shall also provide and maintain In a safe condition
temporary approaches or crossings and intersections with trails,
roads, streets, businesses, parking lots, residences, garages, and
farms. The Contractor shall bear all expense of maintaining traffic
over the section of road undergoing Improvement and of constructing
and maintaining such approaches, crossings, intersections, and
other features as may be necessary, without direct compensation.
LIMITATION OF OPERATIONS. The Contractor shall conduct the work at
all times in such a manner and in such sequence as will assure the
least interference with traffic. He shall have due regard to the
location of detours and to the provisions for handling traffic. He
shall not open up work to the prejudice or detriment of work
already started. The Engineer may require the Contractor to finish
a section on which work is in progress before work is started on
any additional sections if the opening of such section is essential
to public convenience.
SC -I
UTILITY SERVICES. Throughout the area to be improved there are
located utility services, some of which may require possible
relocation. It shall be the Contractor's responsibility to assist
the owners of the various utilities in the locating of water mains
and service lines and meters, gas mains and service lines and
meters, and telephone and power lines that may require relocation.
If in the opinion of the utility owner any of these facilities need
relocation, then the relocation of the same will be done by the
owner of the utility. The Contractor shall cooperate with the
owners of the various utilities during the relocation of the
facilities so that the owners of the utilities will have adequate
time and working room to relocate the facilities. The Contractor
will be responsible for the repairs or cost of repairs to any and
all types of utility improvements that may be damaged by the
Contractor's actions.
VERIFICATION OF CONDITIONS. Data concerning surface features,
present obstructions on or near the construction site, and
locations of pipes, wires, etc. has been obtained from sources the
Engineer believes reliable, but accuracy of such data Is not
guaranteed and Is furnished solely for the accommodation of the
Contractor. Use of such data is made at the Contractor's risk and
no additional allowance will be granted because of the Contractor's
lack of knowledge of existing conditions. The Contractor shall be
responsible for the verification of all measurements shown on the
drawings and/or the new construction on the premises.
FIELD OFFICE AND SANITARY. FACILITIES. The Contractor will not be
required to maintain a field office for himself or the Engineer;
however, the Contractor or the person authorized to represent him,
shall have available at all times copies of the Contract Documents.
Sanitary facilities will be required as necessary to conform with
City, County, and State ordinances and regulations.
EMERGENCY WORK. The Contractor shall have an authorized
representative available during all periods, day or night, when
normal work operations are not in progress, who will be responsible
for any emergency repairs due to settlement, barricades, lights,
etc. The Contractor shall provide the name, address, and telephone
number of this authorized representative In writing to the Engineer
and City Street Superintendent of the City of Fayetteville prior
to beginning any work on the project.
PAVEMENT REMOVAL AND REPLACEMENT. Where surfaced streets, walks,
drives, or parking areas are cut, removed, or damaged in the
execution of the work, the Contractor shall replace all pavements
or other surfaces so removed or damaged to their original, or
better, state and condition, to the satisfaction and approval of
the Engineer.
SC -2
I
a
EASEMENTS ON PRIVATE PROPERTY. The necessary permanent and
temporary easements for the construction will be provided by the
Owner.
The Contractor shall be responsible for all damage to property
outside of the boundaries of the easements and shall make
satisfactory settlement for the damage directly with the property
owner and/or tenant involved, as their interests may require.
It it is necessary or desirable that the Contractor use or occupy
land outside of the Owner's easements, the Contractor shall obtain
consent from and shall execute a written agreement with, the owner
and tenant of the land. Each owner and tenant of land to other
property so occupied shall be notified by the Contractor not less
than five (5) days prior to such occupation.
REMOVAL AND DISPOSAL OF STRUCTURES. The work shall consist of the
removal and satisfactory disposal of curb and curb and gutter;
Portland cement or asphaltic concrete driveways, parking areas,
sidewalks and steps, and concrete pavement; existing fence,
retaining walls, manholes, catch basins, and underground storage
tanks; all of which are not designated or permitted to remain and
are not designated to be removed and disposed of under other
sections of the specifications. Salvaged materials will become the
property of the Contractor.
All surface items such as curb or curb and gutter, driveways,
parking areas, walks, steps, pavement, and walls shall be separated
or broken away from the adjacent part of the structure designated
to remain in place by a vertical cut along the line designated by
the Engineer. The edge of the structure left In place shall be
approximately vertical with no abrupt changes in alignment. Any
damage or removal of the structure designated to remain in place
shall be repaired or replaced by the Contractor at his expense.
The method
of
measurement of each item will be in
accordance with
the units
of
measure hereinafter specified or as
shown on the
plans. If
there
is no contract unit price provided
in the Proposal
Form for
a
particular item of work, it shall
be considered
subsidiary
to
other contract items.
REMOVING OLD CULVERTS. This item shall consist of removing, in
whole or in part, all old culverts, including bridge length
culverts, encountered on the project not designated on the plans
or directed by the Engineer to remain, or the filling of old
culverts as called for; together with the salvaging, storing, and
disposing of all materials removed, and the backfilling and
compacting of all resulting trenches in conformity with the plans
and in accordance with these specifications. Salvaged materials
will become the property of the Contractor.
SC -3
When the item "Removing Old Culverts" is not included in the
Proposal Form, no direct payment will be made, but such work shall
be considered subsidiary to othercontractitems.
REMOVAL
AND
REPLACEMENT OF SIGN.
MAILBOXES.
ETC.
All
signs,
mailboxes, etc.
which are in the street
construction limits
shall
be removed and
replaced behind the
proposed cub
and gutter
by the
Owner so as
not to interfere with the work.
Temporary
movable
supports shall
be furnished for mailboxes
that cannot
be placed
in
their final locations.
UNDERCUTS. If unstable or unacceptable material is encountered
during the preparation of the subgrade, the designated grade will
be undercut as directed by the Engineer and suitable material
placed in the undercut area. It suitable materials does not exist
on the site, then borrow or AHTD Class 7 base material may be
directed to be placed in the undercut area by the Engineer.
MANHOLES AND VALVE BOXES ADJUSTED TO GRADE. The Contractor shall
adjust the top elevation of existing manholes and valve boxes to
coincide with the finished grade as established after the placement
of the asphalt concrete hot mix overlay.
CONSTRUCTION STAKES. Any stakes removed, destroyed, or lost by and
through fault of the Contractor or any of his agents, employees,
or subcontractors shall be replaced by the Engineer upon request
of the Contractor at the expense of the Contractor.
CLEANUP. All work with
to the satisfaction of
rocks, trash, or rubbi
site of the work. The
dirt, and other materi
in the construction area shall be cleaned up
the Owner and the Engineer. In general, all
sh of any nature shall be removed from the
new streets shall be swept clean of mud,
als.
Special attention shall be given to the cleanup, smooth grading of
the areas behind the curbing and sidewalks, and replacing driveways
to fit the new pavement grades.
FINAL INSPECTION AND PAYMENT. Upon completion of the work, a Final
Partial Payment Estimate will be preapred and approved for final
payment after a final inspection of the work has been made. This
inspection shall be made by the Engineer, the Contractor or one of
the principal owners of the contracting firm, and a representative
of the city of Fayetteville. The final acceptance of the job and
the payment of the Contractor in full will not reduce the
continuing responsibility of the Contractor as set out in these
specifications.
SC -4
PECIAL INSTRUCTIONS
t. WATER. The Contractor shall furnish, at his own expense, all
water required in connection with the construction of this
project. The Contractor shall furnish all facilities for
securing, transporting and storing the water required by him.
The Contractor shall provide temporary drinking water
facilities for the convenient use of his employees. These
facilities shall be in accordance with the Board of Health
requirements and subject to the Engineer's approval.
2. WATCHMEN AND FLAGMEN. The Contractor shall, at all times from
the start of the work to the completion and acceptance of
same, furnish and maintain efficient watchmen to fully protect
the premises, work, materials, tools, workmen, etc., during
working hours and after working hours.
The Contractor shall maintain one lane of traffic at all times
with barricades, signage and flagmen as required by the City
or Engineer.
3. REMOVAL OF UTILITIES. Temporary utilities of all kinds shall
be removed promptly after their use has been discontinued.
4. STORAGE AND USE OF PREMISES. Materials shall be stored so as
to insure the preservation of their quality and fitness for
the work. When considered necessary, they shall be placed on
wood platforms and covered, or stored in a suitable building.
Stored materials shall be located so as to facilitate prompt
inspection.
5. EXPLOSIVES AND BLASTING. Explosives required for blasting
shall be of a suitable and acceptable character and the
quantity kept on the job and the storage of same shall be in
accordance with the State laws and the City ordinances. The
magazine or locker shall be so constructed as to be secure
from theft and kept locked at all times with the key in
possession of the Contractor or foreman. No explosives or caps
shall be stored in the common tool box or within two thunder
(200) feet of the nearest point of blasting. Proper appliances
and equipment shall be used for thawing frozen dynamite and
this shall not be done within two hundred (200) feet of work
or any occupied building.
All blasting operations shall be conducted with the greatest
care and adequate means shall be taken to prevent damage or
injury to property or persons. When working near dwellings,
the Contractor shall provide suitable covering of heavy
timbers to prevent the throwing of pieces of rock.
No blasting shall take place until the City, the Engineer and
all regulatory authorities have been notified.
SI-t
6. FIGURED DIMENSIONS. Figured dimensions given in the plans take
precedence over scaled measurements and shall be accurately
followed. The Contractor shall verity such dimensions and be
responsible for the correctness of same. Where dimensions are
not figured, no work shall be performed until instructions are
obtained from the Engineer as to dimensions to be used. Large
scale and full size drawings shall be followed in preference
to small scale drawings. No extra charge or compensation will
be allowed on account of differences between figured
dimensions and scaled measurements indicated in the plans.
7. USE OF COMPLETED WORK PRIOR TO FINAL ACCEPTANCE. The Owner
shall have the right to take possession of and use any
completed or partially completed portions of the work,
notwithstanding that the time for completing the entire work
or such portions may not have expired; but such taking
possession and use shall not be deemed as acceptance of any
work not completed in accordance with contract documents. If
such prior use increases the cost of or delays the completion
of unfinished work or causes refinishing of completed work
the Contractor shall be entitled to such extra compensation,
or extension of time, or both, as the Engineer may determine.
When such possession and use is deemed necessary by the Owner,
written notice shall be given the Contractor ten (10) days
prior to such action by the Owner, subject to the approval of
the Engineer.
SI-2
SITE PREPARATION
CLEARING. This item shall consist of clearing, grubbing, removing,
and disposing of all trees, shrubs, culverts, curb and gutter,
sidewalks, driveways, parking area, signs, mailboxes, debris and
incidentals necessary for the construction of the drainage,
sidewalks, driveways and/or roadway and incidentals to the grades
and/or cross sections shown on the plans. This work shall include
the preservation of vegetation and objects outside of the clearing
limits. Paint required for cut or scarred surfaces of trees or
shrubs to remain shalt be furnished and applied in such a manner
as to avoid injury to other things or persons. A vertical cut shall
be made at the point where driveways, curb and gutters or other
structures are removed under this item. The Contractor shall be
responsible for all damage to private or public property outside
of city right-of-way or easements. Mail boxes and signs shall be
both temporarily and permanently relocated by contractor as
directed by Owner and/or Engineer.
All driveways and
parking
lots shall
be
replaced
with
equal or
better materials
to the
grade required
to
create a
uniform
transition between
the existing
drive
and
the
new street
grade.
EXCAVATION AND EMBANKMENT. This item shall consist of excavation,
construction of embankment, and disposal of excess material. The
roadway shall be constructed in accordance with the specifications
and in reasonably close conformity with the lines and grades shown
on the cross sections.
Common Excavation:
Common
excavation shall
consist
of all
excavation not included
as
rock excavation.
Rock Excavation:
Rock excavation
shall consist
of rock which
without
blasting and all
boulders having
cannot be excavated
a volume of one
cubic
yard
or more.
Construction Requirements: Excavation and embankment for the
roadway shall be finished to reasonably smooth and uniform
grades. No material shall be wasted without permission of the
Engineer. Prior to beginning of excavation, grading and
embankment operations, all necessary clearing and grubbing in
the area shall have been performed to the satisfaction of the
Engineer. Unless otherwise directed, rock excavation shall be
to a minimum of six inches below the sub -grade or slopes of
unsuitable material. The Engineer may require the Contractor
to remove the unsuitable materials and backfill to the
finished grade section with approved material. All excess or
unsuitable material that cannot be used In embankments shall
be disposed of as directed by the Engineer. Embankment
construction shall consist of preparation of the areas for
embankment location and placing and compacting the embankment.
30-1
Only approved material shall be used in the construction of
embankments. Al I sod and vegetable matter shall be removed
from the surface from which the embankment is to be
constructed prior to placing any embankment. The cleared
surface shall then be completely broken up by plowing or
scarifying prior to placing the embankment. Each layer of
embankment shall be compacted and stable before the preceding
layer is placed. Compaction equipment used shall be suitable
to accomplish the required compaction in an efficient manner.
Embankment material shall be compacted to not less than 95%
of the maximum modified proctor density. If it is necessary
to adjust the moisture of the material, either by addition of
water or by drying, this shall be done at the Contractor's
expense at the price bid.
SURFACE PREPARATION. All roadway surfaces to be overlaid shall
receive preparation as follows:
All weak areas shall be repaired with proper patches. The extent
of weak areas, those with excessive deflection, alligator cracks,
chuckholes, etc., shall be determined in the field by the Engineer
and marked. Those areas which are marked shall be repaired.
The Contractor shall remove the surfacing and base material in the
alligatored area to the depth at which the base failure has
occurred. In some instances, this will mean that some of the sub -
grade under the base will also have to be removed. It will
frequently be noted at this stage of the repair that water is
contributing to the failure. If such is the case, provision should
be made to remove the water.
In removing the base and surfacing, the excavation should be made
at least one foot outside of the perimeter of the cracked area.
This Is in order that the patch will be tied into solid material
all around the perimeter. If this is not done, alligator cracking
will appear again, later on, around the perimeter of the patch,
usually in an area about 6 inches to a foot wide all the way
around.
In excavating material from the area to be patched, the cut faces
should be straight and vertical. The hole should be shaped so that
a square shoulder In the direction of traffic Is provided against
which the patch can be placed.
Backfill the excavated area with a good granular base material,
compacted
in layers
it
necessary. If
a graded base
material
Is not
readily
available,
the backfill
should be made
with
the most
suitable
local
material
available.
In some cases,
where
the area
to be
patched
is
not
too deep, the entire backfill
can be
done with
the mix
material
that
will be used
for the surfacing.
The Contractor shall prime the surface of the granular base that
has been placed.
30-2
C
Replace the surfacing
with an
asphalt mixture. It
is preferable
that this be the
hot -mix material,
but if none is available, cold -
mix can be used
satisfactorily.Regardless of the
material used,
each layer should
be thoroughly
compacted.In repairing
chuckholes,
the Contractor shall clear the
chuckholes thoroughly
by brooming.
Shape the hole,
if necessary, in
order to provide
a
square shoulder
in the direction
of traffic against
which the patch
can be placed.
The sides of the
hole should be
nearly vertical.Prime the chuckhole
with emulsion.
Fill the hole with a mixed material. If the hole is deep, the mix
should be placed in layers and compacted. Upon completion, the
compacted patch in the pothole should be approximately 1/8 inch to
1/4 inch above the level of the adjacent pavement. The compaction
can be obtained by tamping or, where possible, by wheel -rolling the
mix with the wheel of the truck from which the mix is taken.
After the Contractor has completed all patching required, the
surface shall be thoroughly cleaned and swept with power brooms.
When the surface is
distorted, construction
of
leveling/filling
courses or leveling
wedges is
required to
restore
proper line
and
cross section. Leveling
courses are overlays
of
asphalt hot -mix
used to level sags and
depressions in existing
old
pavement prior
to the surface overlay
operation.
30-3
CRUSHED STONE BASE COURSE
SCOPE. This item shall consist of a foundation course for surface
courses, for other base courses, or for pavements. It shall be
constructed on the prepared sub -grade or other completed base
course in accordance with these specifications and Section 306 of
the Standard Specifications for Highway Construction, Arkansas
State Highway Commission, Edition of 1988, and in substantial
conformity with the lines, grades, compacted thickness, and typical
cross section shown on the plans.
MATERIALS. Crushed stone base material shall be Class 7 in
conformity with the gradation and hardness requirements as set
forth under Section 303 of the 1988 Edition of the Arkansas State
Highway Department Standard Specifications.
CONSTRUCTION METHODS. When base material is required and after the
sub -grade has been accepted and approved by the Engineer, compacted
base material shall be installed at varying depths and widths. A
typical section for each street is shown on the plans. Crushed
stone base material shall be compacted to 95% modified Proctor
density. Compaction tests shall be conducted at reasonable
intervals as determined by the Engineer and at the Contractor's
expense. During the placement of the base material, the crushed
stone shall be bladed and rolled to insure complete and proper
mixing and water shall be added as required to establish optimum
moisture for compaction of the material.
Water needed for mixing and compaction of the sub -grade and base
will be made available by the City at the established bulk rate of
the City.
31-1
CONCRETE CURB AND GUTTER_
Concrete Curb and Gutter. Concrete curb and gutter shall 'be"
constructed on suitable sub -grade material as shown on the plans.
3000 psi PC concrete with 6% entrained air shall be used.
Expansion joints shall be made at drop inlets, radius points and
at intervals not greater than 60 feet along the curb line. The
joint shall not be less than one -halt inch thick and shall be
tilled with joint filler neatly trimmed to match the cross section
of the curb and gutter. Control joints shall be sawn at 20'
intervals and sealed wtih an elastomeric sealant.
Before construction starts, the Contractor shall furnish the
Engineer a certified batching schedule from his concrete supplier.
This schedule will show the type and gradation of aggregate to be
used, the total pounds of aggregate, sand and cement, and the
proposed gallons of water for each cubic yard of concrete to be
delivered.
The concrete shall be placed on sub -grade that has been watered
down, and shall be vibrated and spaded until the mortar is evenly
spread. The surface shall be finished smooth with rounded corners.
The curing of the concrete shall be controlled in accordance with
the prevailing weather conditions at the time of the pour.Wet
burlap shall be placed and kept moist if so required by the
Engineer. Concrete will not be poured when the outside temperature
is below 40° F. within tour hours after the last batch is poured.
32-1
P
C I
PRIME AND TACK COATS
MATERIALS. Prime coat material shall be Grade MC -30 or approved
equal and tack coat material shall be Grade SS -1 or approved equal.
Both materials shall meet the requirements of 1988 AHTD
specifications.
CONSTRUCTION
METHODS.
The plans show the
location
of asphalt
overlays
and
new construction. Tack coat shall
be applied
to old
pavement
at the
rate
of 0.10 gallons per square yard
or more,
as
directed
by
the Engineer.
The prime coat
shall be
applied
to
prepared
base
material
at the rate of 0.25 gallons
per
square yard.
33-1
•
•
HMAC LEVELING/FILLER COURSE
SCOPE. This item shall consist of a- leveling/filler course composed
of hot -mixed asphaltic concrete conforming to the requirements for
a Type 3 surface course, Section 406, AHTD 1988 specifications. The
leveling course shall be placed. in a single lift with minimum
compacted thickness of one inch over existing pavements. The finish
grade of the leveling course shall not extend above two inches
below finished grade. The areas of new construction between inside
face of gutter and existing pavement (2.5 feet minimum) shall be
filled with the same HMAC material from top of compacted crushed
stone base course to three inches below inside edge of gutter
finish grade. This material may be placed before or as a part of
the leveling course.
CONSTRUCTION
METHODS.
The HMAC
shall
be placed
by a self-propelled
asphalt laydown machine equipped
with
an adjustable
vibrating
screed, and of such
size as
will
permit
the laying
of one-half
street width during
each pass
of the
machine.
Prior
to placement
of the asphalt, the
area shall
be
tacked
with one application
of
tack coat as previously
specified.
Asphalt
placement
shall be
in
accordance with
the
General Specifications
for that item.
Core samples shall be taken at such locations as the Engineer may
direct for the purpose of determining compacted density. The cost
of cutting the core samples, repairing the removed area, conducting
the laboratory tests to determine the compacted density, and all
other costs shall be at the expense of the Contractor.
The
finished
bituminous course shall
be compacted to not
less than
92
percent of
theoretical density.
A mix design shall be
submitted
to
the Engineer for approval prior
to use of any materials.
34-1
I I
•
a
POLYPROPYLENE FABRIC UNDERSEAL
SCOPE. This item shall consist of furnishing and placing a fabric
underseal. The fabric wil be placed over the entire project from
inside edge of gutter to inside edge of gutter. The fabric shall
be AMOPAVE 4599 or approved equal.
MATERIALS, This protective membrane system shall consist of a
nonwoven polypropylene fabric sealed with asphalt cement as
specified below:
The fabric shall be a needle punched, nonwoven polypropylene fabric
having the following minimum roll average properties:
PROPERTY TEST METHOD UNITS
Grab Tensile ASTM-D-4632 90 lbs.
Grab Elongation ASTM-D-4632 55%
Mullen Burst ASTM 3788 215 psi
Puncture ASTM-D-4833 80 lbs.
Trapezoidal Tear ASTM-D-4533 35 lbs.
UV Resistance ASTM-D-4355* 70%**
Asphalt Retention TX DOT 3099 .25 gal/y2
3.5 oz/ft
*Fabric conditioned as per ASTM-D-4355
**Percent of minimum grab tensile after conditioning.
The manufacturer of the fabric shall certify that the material
supplied to the project meets the specified material requirements:
TACK COAT, Tack coat for polypropylene fabric shall meet the
following requirements:
Asphalt Viscosity Grade AC -5
Cement AC -10
AC -20 oriAC-4
AC -3o'
5°F
AGGREGATE. Small quantities of washed concrete sand may be needed
to blot excess asphalt, or facilitate movement of construciton
equipment over the fabric during overlay. Small quantities of hot -
mixed asphalt concrete spread over the fabric will also seve this
purpose.
35-1
EQUIPMENT.
A. Asphalt Distributor. The distributor must be suitable
metered and capable of spraying the asphalt sealant at a
prescribed uniform application rate. No drilling or skipping
should be permitted. The Contractor is required to install a
satisfactory test application at an off -site area to insure
proper equipment performance. The distributor should be
equipped with a hand spray with single nozzle and positive
shutoff valve.
B. Fabric Laydown Equipment. Mechanical laydown equipment must
be capable of handling full rolls of fabric, and shall be
capable of laying the fabric smoothly, without excessive
wrinkles and/or folds. When manual laydown is required, a
length of standard one inch pipe, together with suitable roll
tension devices, are required for property roll handling. The
supplier of the fabric shall provide such mechanical laydown
equipment and personnel to operate said equipment, along with
the supervision necessary to insure adequate placement of the
materials.
C. Miscellaneous Eauipment.
Stiff
bristle brooms
to smooth the
fabric and scissors (or
blades)
to cut the
fabric should be
provided.
Under some conditions
a pneumatic
roller to imbed
the fabric
into the asphalt
sealant
may be
needed.
CONSTRUCTION METHODS. The methods employed in performing the work
and all equipment, tools, and machinery used for handling materials
and executing the work whall be subject to the approval of the
Engineer. Equipment, tools, and machinery used shall be maintained
in a satisfactory working condition. Sufficient equipment shall be
available so that the work may proceed in proper sequence to
completion without unnecessary delay.
A. Surface Preparation. The surface on which the fabric is to
be placed should be free of dirt, water and vegetation. Cracks
between 1/8 inch and 1/4 inch must be filled with a suitable
filler as directed by the Engineer. Larger cracks or holes are
to be repaired with slurry, cold or hot mix. In all cases a
B. Application of Sealant. The asph
uniformly spray applied at the spe
specified will vary with surface con
pavement (degree of porosity, for exa
be applied to the rate of 0.25 to 0.30
(gsy) residual asphalt. At least 0.20
under heat of the applied overlay, is
alone. Within street intersections
vehicle speed change is commonplace,
reduce the prescribed application rat
e
attic sealant must be
titled rate. Quantity
dition of the existing
mple) but will normally
gallons per square yard
gay residual asphalt,
absorbed by the fabric
or other zones where
it is good practice to
by about 20 percent.
35-2
Application
will
be by distributor equipment wherever
possible, with
hand
spraying kept to
a minimum. Temperature
of the asphalt
must
be sufficiently high
to permit a uniform
spray pattern.
For
asphalt cements, the
minimum recommended
temperature
is
2900
F. (NOTE: It the
fabric is
oversprayed,
distributor
tank temperatures should
not exceed 3250 F. to
avoid damage
to
the
fabric).
The target width of the asphalt sealant application should be
fabric width plus 2 to 6 inches. Asphalt drools or spills
should be cleaned from the road surface to avoid flushing and
possible fabric movement at these asphalt -rich areas.
The quantity of asphalt applied to the fabric is extremely
important. The object is to fully seal the membrane, but not
to use an excessive quantity which might cause a slippage
plane.
C. Fabric
Placement.
The fabric shall be placed into
the
asphalt
sealant with
a minimum of wrinkles prior
to the time
the asphalt has cooled
and lost tackiness. The fabric
is
unrolled
so that the
bearded (fuzzy)
side
Is unwound into
the
sealant,
thus providing
optimum bond between fabric
and
pavement
during the construction process.
As directed by the Engineer, wrinkles severe enough to cause
"folds" shall be slit and laid flat. Brooming will maximize
fabric contact with the pavement surface. Small wrinkles which
flatten under compaction are not detrimental to performance.
Overlay of fabric joints should be minimal, although an
overlap of 1 to 3 inches is recommended to insure full closure
of the joint. Transverse joints should be "shingled" in the
direction of paving to prevent edge pick-up by the paver. As
directed by the Engineer, additional sealant of about 0.20 gsy
should be applied to fabric joints.
D. Hot -Mix Overlay. Placement of the hot -mix overlay should
closely follow fabric laydown. In the event that the sealant
bleeds through the fabric before the hot -mix is placed, it may
be necessary to blot the sealant by spreading sand or hot -mix
over the affected areas. This will prevent any tendency for
construction equipment to pick up the fabric when driving over
It.
Most satisfactory laydown
of the hot -mix can be accomplished
at temperatures below
3000 F. Temperature
of the mix
In no
case should exceed
3250 F. Turning of the
paver and
other
vehicles must be gradual
to avoid movement
or damage
to the
membrane.
35-3
SPECIAL CONSIDERATIONS. Ambient Temperatures.
during fabric installation should be warm enough
"tack" from the asphalt sealant to hold the fab
minimum temperature for most asphalt cements will
500 F.
Air temperatures
to allow adequate
ric in place. The
be approximately
35-4
HMAC SURFACE COURSE
SCOPE. This
item shall consist
of a surface
course composed of a
compacted
mixture of mineral
aggregate
and asphalt cement
conforming
to the requirements
of Section
409 of the Standard
Specifications
for Highway Construction, Arkansas State Highway
Commission,
Edition of 1988 for
"Type 3". The
surface course shall
be constructed
on the completed
and accepted
base course or used
for building
up or shaping the existing base
course in accordance
with these
specifications and in
conformity with
the lines, grades,
compacted
thickness, and typical
cross section
shown on the plans.
The area shall be either primed or tacked prior to placement of the
surface course.
Work completed under this item shall be measured by the ton in
place.
MATERIALS. The hot -mix asphalt surface course shall conform in
composition to the weights and gradation of "TypeS" " asphalt as set
forth under Section 406 of the 1988 Edition of the Arkansas State
Highway Department Standard Specifications, using asphalt cement,
viscosity grade AC -30 or appropriate substitute meeting the
requirements of AASHTO M 226.
CONSTRUCTION METHODS. After placement of leveling/filler course and
polypropylene fabric, a two inch compacted thickness layer of HMAC
shall be placed. The finish grade of the HMAC shall match inside
edge of gutter elevation. The asphalt shall be placed by a self-
propelled asphalt laydown machine equipped with an adjustable
vibrating screed, and of such size as will permit the laying of
one-half street width during each pass of the machine. Prior to
placement of the asphalt, the area shall be tacked with one
application of tack coat as previously specified. Asphalt placement
shall be in accordance with the General Specifications for that
item.
Core samples shall be taken at such locations as the Engineer may
direct for the purpose of determining compacted density. The cost
of cutting the core samples, repairing the removed area, conducting
the laboratory tests to determine the compacted density, and all
other costs shall be at the expense of the Contractor.
The
finished
bituminous course shall
be compacted to
not less than
92
percent of
theoretical density.
A mix design shall
be submitted
to
the Engineer for approval prior
to use of any material.
38-1
.
a
7
TOP SOIL. SEEDING AND MULCH
TOPSOIL. Topsoil shall
consist of material
stripped and stockpiled
from the limits of
roadway construction,
if
available, or of
satisfactory material
furnished by
the
Contractor. Topsoil
shall
be free of all large
rocks, excessive
vegetative
material,
or other
debris which would cause
the topsoil
to
be unsuitable.
SEED. Seed shall
be
in conformance with Group I
(based
on
the time
of application)
as
set out in Section 820 of
the 1988
Edition
of
the Arkansas State
Highway Department Standard
Specifications.
STRAW MULCH. Straw mulch shall consist of good grade, weed -seed
free, clean straw of a quality approved by the Engineer prior to
use.
CONSTRUCTION
METHODS.
Before the placement
of
topsoil
is commenced,
the area
to be covered shall be bladed
smooth
and all
rock 2 inches
and larger
removed.
The area shall
then be lightly
disked
and the
topsoil
placed to
a thickness
of approximately 4
inches.
The
topsoil
shall then
be machine or
hand raked
to provide
a uniform
surface.
Seeding and fertilizing shall be done in accordance with Section
820 of the Arkansas State Highway Department Standard
Specifications.
Straw
mulch shall
then be placed over areas
as directed
by
the
Engineer
and shall
be uniformly spread as to
provide
a thickness
of approximately
2 inches
when first
spread
over
the area.
The
straw
mulch shall
be held in place by the
application
of
an
emulsified
asphalt
applied
with a pressure sprayer
at the rate
of
approximately
.05
gallon per square yard.
The Contractor should
construction behind the
to be topsoiled, seeded,
note that all
curb and gutter
fertilized and
areas disturbed by
and drainage ditches
straw mulched.
the
are
WATERING. The
certain regular
available fire
specifications
applications
hydrants
on seeding and sodding call
of water. The City of Fayetteville
through which water may be purchased
for
has
near
the
individual
streets.
There is no direct pay item for water. It shall be considered
subsidiary to other items.
37-1
I
• •
SCOPE. This specification shall consist of the construction of all
storm sewers, pipe culverts, manholes, drop inlets, junction boxes,
and other appurtenances complete with all jointing materials.
PIP .
a. Reinforced Concrete Pipe. The pipe may be either bell and
spigot, tongue and groove, or as specified on the plans. The
strength class shall be determined by the D -load which
produces a 0.01 -inch crack, and the ultimate load shall be
that specified for the appropriate class of pipe.
(1) Circular pipe shall conform to ASTM C76.
(2) Arch shaped pipe shall conform to ASTM C506.
(3) Joints shall be composed of either cement mortar
(3 parts concrete sand to 1 part Portland cement)
or cold applied preformed rubber gaskets unless
one type is specified on the plans.
Cold applied preformed rubber gaskets shall
conform to ASTM C443.
When a primer is recommended by the manufacturer to
be used in connection with the rubber gasket, the
material in the primer shall comply with the require-
ments as specified by the manufacturer.
b. Nonreinforced Concrete Pipe. The pipe may be either bell and
spigot, tongue and groove, or as specified on the plans. The
pipe shall conform to ASTM C14. Joints shall conform to those
above for reinforced concrete pipe.
c. Corrugated Steel Pipe. The manufacture and furnishing of
corrugated steel pipe shall be in accordance with AASHTO M 36
for galvanized pipe and AASHTO M 190 for coated pipe.
The pipe shall be formed from sheet conforming to AASHTO M
218, and the kind of base metal shall be designated on the
pipe.
Coupling bands shall be single -piece or two-piece corrugated
bands with bolts and angles. Neoprene gaskets shall be used
when designated on the plans.
HANDLING. Pipe, fittings, and accessories shall be handled in a
manner that will insure their installation in the work in sound,
undamaged condition. Hooks Inserted In ends of pipe shall have
broad, well padded contact surfaces. Pipe and fittings shall not
be bumped or dropped. Pipe having premolded joint rings shall be
handled in such a manner that no weight, including the weight of
the pipe itself, will bear on or be supported by the spigot rings
38-1
at any time. Care shall be taken to
on the ground or allowing it to
crushed stone, rocks or other hard
been damaged in any way wi I I not
incorporated in the work.
CLEANING. The interior of all pipe and fittings shall be thoroughly
cleaned of all foreign matter before being installed and shall be
kept clean until the pipe has been jointed.
Every precaution shall be taken to prevent foreign material from
entering the pipe while It is being installed. No debris, tools,
clothing, or other materials shall be placed in the pipe. No hooks
of any kind will be allowed to come in contact with the premolded
joint or interior of the pipe.
INSPECTION. Each piece of pipe shall be tested for defects, after
its delivery alongside the trench near the point of installation.
All defective, damaged, or unsound pipe and fittings shall be
rejected and removed from the site of the work.
All accepted pipe and fittings shall be suitably marked so that the
trenchandwills not ll be becomeainly effaced by (e atter weather orstallation in the
handling.
ALIGNMENT AND GRADE. Unless otherwise shown on the plans, all pipe
shall be laid straight between changes in alignment and at a
uniform grade between changes in grade. All lines shall be laid so
that each section between manholes will lamp.
The Contractor may use laser equipment to determine and check pipe
grades and alignment or shall erect substantial batter boards at
intervals of not more than fifty (50) feet. Batter boards and
"topline" shall be used to determine and check pipe subgrades. Not
less than three batter boards shall be maintained in proper
position at all times when trench grading Is in progress. Each pipe
as laid shall be plumbed for line with a plumb bob and graded with
a grade tod for elevation.
FORMING BED FOR PIPE. Where the pipe is to be laid below the ground
line, a trench shall be excavated to the required depth and to the
minimum width shown on the plans. When bell and spigot pipe is
used, recesses shall be excavated at the bells. Unsuitable material
in the bottom of the trench shall be removed and replaced with
bedding material as shown on the plans and compacted with
mechanical equipment. In rock, the trench shall be excavated below
grade to the depth as shown on the plans, backfilled with suitable
material, and compacted with mechanical equipment.
avoid dragging the spigot ring
come in contact with gravel,
objects. Joint rings which have
be accepted and shal I not be
Where pipe is not laid in a trench, a bed of suitable material
shall be formed and thoroughly compacted in order to insure a firm
foundation for the pipe.
38-2
LAYING PIPE.
Pipe shall
be protected from
lateral displacement
by
means of pipe
embedment material installed
as provided
in the
trench backfill
specification.
Under no circumstances
shall pipe
be laid in
water, and
no pipe shall be
laid under
unsuitable
weather or trench
conditions.
When jointed in the trench, the pipe shall form a true and smooth
line. Pipe shall not be trimmed except for closures, and pipe not
making a good fit shall be removed.
The laying of pipe shall begin at the lowest point, and the pipe
shall be installed so that the bell or groove ends of concrete pipe
and outside circumferential laps of corrugated metal pipe shall be
placed facing upstream.
BACKFILLING. Trench backfill above pipe embedment shall conform to
the following requirements:
"Compacted Backfill" shall be finely divided material free of
debris and organic material, but may contain rubble and
detritus from rock excavation at certain levels of the trench
depth. This material, with a sufficient moisture content, may
be placed in lifts and mechanically tamped at substantially
optimum moisture for that particular soil to a density of not
less than 95 percent of the maximum density as obtained by
AASHTO T-99. Granular bedding material may be used as
compacted backfill at the option of the Contractor.
Compacted
backfill
shall be
required beneath pavements, surfacing,
driveways,
curbs,
gutters,
walks; other surface construction
or
structures;
or in
road or highway
shoulders or beneath areas where
sod
is to
be replaced.
Placement of trench backfill material will proceed in such a
manner, as approved by the Engineer, that no excessive loads,
shock, or impact will be imposed on the installed pipe which would
result in pipe injury or displacement.
Compact masses of stiff muck clay, gumbo, other consolidated
material, or stone more than one (1) cubic foot in volume shall not
be permitted to fall more than five (5) feet into the trench unless
cushioned by at least two (2) feet of loose backfill above the pipe
embedment.
No hard rock, stone, or boulder larger than eight (8) inches in Its
greatest dimension shall be placed within eighteen (18) inches of
the top of the pipe. Large stones may be placed in the remainder
of the trench backfill only in well separated and so arranged that
no interference with backfill compaction or settlement will result.
No rock greater than eight (8) inches in its greater dimension
shall be placed on the surface of the backfill except with the
specific permission of the Engineer in each case.
38-3
e
C
STRIPING OF THE RAMP
DESCRIPTION
This item shall consist of the painting of a yellow taxiway centerline
stripes and holding line on the surface of taxiways and the white striping and
marking of the runway with one temporary and one final coat applied in
accordance with these Specifications and at the locations shown on the Plans,
or as directed by the Engineer.
MATERIALS -
PAINT. Paint shall meet the requirements of Federal Specification
REFLECTIVE MEDIA. Glass spheres shall meet the requirements of
Federal pec ca on 11-8-1325, Type III.
WEATHER LIMITATIONS. The painting shall be performed only when the
surface Is dry, when the atmospheric temperature is above 45 degrees F, and
when the weather is not foggy or windy.
EQUIPMENT. All equipment for the work shall be approved by the
ng neer an sFiall include the apparatus necessary to properly clean the
existing surface, a mechanical marking machine, and such auxiliary hand
painting equipment as may be necessary to satisfactorily complete the job.
The mechanical marker shall be an atomizing spray -type marking machine suitable
for application of traffic paint. It shall produce an even and uniform film
thickness at the required coverage and shall be designed so as to apply
markings of uniform cross sections and clear-cut edges without running or
spattering.
PREPARATION OF SURFACE. Immediately before application of the paint,
the surface shall e dry and ree from dirt, grease, oil, laitance, or other
foreign material which would reduce the bond between the paint and the
pavement. The area to be painted shall be cleaned by sweeping and blowing or
by other methods as required to remove all dirt, laitance, and loose materials.
LAYOUT OF MARKINGS. On those sections of
applied markings are available to serve as a guide,
be laid out in advance of the paint application.
laid out, immediately following the overlay process.
pavement where no previously
the proposed markings shall
The runway marking shall be
39
S
METHODS OF MEASUREMENT AND
BASIS OF PAYMENT
GENERAL
This section will specify the method of measurement and basis of
payment for each item as presented in the bid form. Any incidental
materials or work required to complete project construction not
listed in the bid form, will not be cause for extra charges and
will be included in the prices given In the bid. Measurement will
be made for all bid items when they are constructed complete in
place in accordance with the plans and specifications and accepted
by the Engineer.
METHOD OF MEASUREMENT
BID ITEM
1. HMAC-AHTD Type 2 - Tons by scale tickets Initialed by
Engineer.
2. 3000 PSI concrete curb and gutter - Lineal feet as measured
by the Engineer.
3.
Polypropylene Fabric Underseal
- square yards as measured by
the Engineer. Overlaps
are excluded.
4.
4" Topsoil, Hydromulch,
Fertilizer,
and Seed - square yards
as measured by the Engineer.
5.
Common Excavation - cubic
yards
as measured by the Engineer.
6.
Clearing and Grubbing
- square
yards as measured by the
Engineer.
7.
Class 7 Crushed Stone -
tons by
scale tickets initialed by the
Engineer compared to
volume
placed as measured by the
Engineer.
8.
Rip -Rap - square feet as
measured
by the Engineer.
9.
Removal of Existing Pavement -
square yards as measured by the
Engineer.
10.
Removal and reinstallation
of
12" RCP - lump sum.
11.
Removal of 12" RCP and
installation
of 24" CSP - lump sum.
12.
Concrete Flumes - lump
sum per
each.
13.
Removal and reinstallation
of
15" CMP - lump sum
14.
Rock Excavating - cubic
yards
as measured by the Engineer.
MP -1
Y
-
BASIS OF PAYMENT
Work completed, accepted and measured as provid'
paid for at the contract unit price bid, per un
each item described, complete in place, which pr
compensation for furnishing and installation of
special tools, equipment, labor and supervision
MP -2
1
ad above shall be
it described, for
ice shall be full
the item, for all
to complete work.
•
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Tomlinson Asphalt Co..Inc.
1411 W.(Name of Contractor)
Van Asche, Fayetteville, Arkansas 72703
(Address of Contractor)
a Corporation hereinafter called PRINCIPAL ar
(Corporation, Partnership or Individual)
Merchants Bonding Company. Des Moines Iowa
(Name of Surety)
hereinafter called SURETY, are held and firmly bound unto The City
of Fayetteville, Arkansas
(Name of Owner)
Room 306, City Administration Building Fayetteville Arkansas 7 701
(Address of Owner)
hereinafter called OWNER, and unto all persons, firms, and corporadions why
or which may furnish materials to perform as described under the-contrac
and to there successors and assigns in the total aggregate sum Of:Ninety
Eight Thousand Thzee Hundred Fifty- dollars ii 98,350.00 )ir
lawful money of the United States, for the payment of which sum well anc
truly to be made, we bind ourselves, our heir executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
I
THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL
into a certain contract with the OWNER, dated the day
. 19 , a copy of which is hereto attached and
part hereof for the construction of:
West Side General Aviation
sas
Overlay Project at Drake Field,
enterec
made a
NOW, THEREFORE, if the PRINCIPAL shall promptly make payment to all persons,
firms, and corporations furnishing materials for or performing labor in the
prosecution of the WORK provided for in such contract, and any authorized
extensions or modification thereof, including all amounts due for materials,
lubricants, oil, gasoline, fuels, repairs on machinery, equipment and tools,
consumed or used in connection with the construction of such WORK including
that by a SUBCONTRACTOR, and to any mechanic or materialman lien holder
whether it acquires its lien by operation of State or Federal law; then this
obligation shall be void, otherwise to remain in full force and effect.
G-1
PROVIDED, that beneficiaries or claimants hereunder shall be limited to th•
SUBCONTRACTORS, and persons, firms, and corporations having a direct contrac
with the PRINCIPAL or its SUBCONTRACTORS.
PROVIDED, FURTHER, that the said SURETY for value received hereby stipulate:
and agrees that no change, extension of time, alteration or addition to t
terms of the contract or to the WORK to be performed thereunder or the
SPECIFICATIONS accompanying the same shall in any way affect its obligatic
-
on this BOND, and it does hereby waive notice. of any such change, extensic-
of time, altera ticn or addition to the terms of this contract or to WORK c-
to the SPECIFICATIONS.
PROVIDE, FURTHER, that no suit or action shall be commenced hereunder by ar.
claimant: (a) Unless claimant other than one having a direct contract wi:-
the PRINCIPAL shall have given written notice to any two of the following:
The PRINCIPAL, the OWNER, or the SURETY above named within ninety (9C;
days after such claimant did or performed the last of the work or labor,
or furnished the last of the materials for which said claim is made,
stating with substantial accuracy the amount claimed and the name of the
party to whom the materials were furnished, or for whom the work or
labor was done or performed. Sucn notice shall be serviced by mailing
the same by registered mail or certified mail, postage prepaid, in ar
envelope addressed to the PRINCIPAL, OWNER, or SURETY, at any place
where an office is regularly maintained for the transaction of business,
or served in any manner in which legal process may be serves in the
state in which the aforesaid project is located, save that such service
need not be made by a public officer. (b) After the expiration of one
(1) year following the date of which PRINCIPAL ceased work on said
CONTRACT, is being understood, however, that if any limitation embodiec
in the BOND is prohibited by any law controlling the construction
hereof, such limitation shall be deemed to be amended so as to be equal
to the minimum period of limitation permitted by such law.
PROVIDED, FURTHER, that it is gxpressIy agreed that this BOND shall be.deemed
amended automatically and immediately, without formal and separate_ amendments
hereto, upon amendment to the Contract not increasing the contract price more
than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and
faithful performance of the Contract as so amended. The term "Amendment",
wherever used in this BOND and whether referring to this BOND, the contract
or the loan Documents shall include any alteration, addition, extension or
modification of any character whatsoever.
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.
G-2
WITNESS WHEREOF,
counterparts, each of which shall be deemed an original, this the
/uhltday of 4 1v
this instrument is executed in
3
ATTEST: nn
pal) Secretary
(SEAL)
I UINvWJI4ti V I •jU•ry V=
tness as to Principal
Cit
State
!est
s Surety
1500 Riverfront Drive
Address
Little Rock, AR 72202
City State
TOMrN ASS 7J CO. , INC. 7 By (s)
)
1411 W. Van Asche
Address
Fayetteville, Arkansas 72703
City state
MERCHANTS BONDING COMPANY
Surety
Lin a Frey
Att ey-in-Fact
1500 Riverfront rive
o n Box 319S Address
Little Rock AR 72203
City State
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is partnership, all partners should execute
BOND.
IMPORTANT: Surety companies executing BONDS must appear on the
Treasury Department's most current list (Circular 570 as
amended) and be authorized to transact business in the
State where the Project is located.
G-3
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Tomlinson Asphalt Co., Inc.
(Name of Contractor)
1411 W. Van Asche, Fayetteville, Arkansas 32703
(Address of Contractor)
a Corporation hereinafter called Principal
(Corporation, Partnership, or Individual)
and Merchants Bonding Company Des Moines, Iowa
J (Name of Surety)
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(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE. ARKANSAS
(Name of Owner)
FAYETTEVILLE, ARKANSAS
(Address of Owner)
hereinafter called OWNER in the total aggregate penal sum of -Ninety Eight
Thousand Three Hundred Fifty /Dollars (g 98,350.00)
in lawful money of the United States, for the payment which sum well an
truly to be made, we bind ourselves, cur heirs, executors, administrators
successors, and assigns, jointly and severally, firml-y-by theserpresents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entere
into a certain contract with the OWNER, dated the /S day of
l ✓, 19, a copy of which is hereto attached and made a part hereo
fdr the construction of:
West Side General Aviation Ramp Overlay Project at Drake Field
Fayetteville, Arkansas
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NOW, THEREFORE, if the Principal shall well, truly and faithfully perform
its duties, all the undertakings, covenants, terms, conditions, ant
agreements of said contract during the original term thereof, and any
extensions thereof which may be granted by the OWNER, with or without notice
to the SURETY and during the one year guaranty_ period and if the PRINCIP.A.
shall satisfy all claims and demands incurred under such contract, and shat'
fully indemnify and save harmless the OWNER from all casts and damages whic
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 obligations shall be void, otherwise to remain in full
force and effect.
PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates
and agrees that no change, extension of time, alteration or addition to the
terms of the contract or to WORK to be performed thereunder or the
SPECIFICATIONS accompanying same shall in any way affect its obligation on
this BOND, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terns of the contract or to the - WORK or
to the SPECIFICATIONS.
PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be. deemed
amended automatically and immediately, w thout formal and separate amendments
hereto, upon amendment to the Contract not increasing the contract price more
than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and
faithfully of the CONTRACT amended. The terms "Amendment", or the Loan
Documents shall include any alteration, addition, extension, or modification
of any character whatsoever.
PROVIDED, FURTHER, that no final settlement between the OWNER and the
PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose
claim may be unsatisfied. The OWNER is the only beneficiary hereunder.
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WITNESS WHEREOF, this instrument is executed in 3
counterparts, each of which shall be deemed an original, this the
day of i9iLenik,
ATTEST:
flnta
`principal) Secretary
(SEAL):-
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Witness as to
�to� Principal
wQ
City State
1500 Riverfront Drive
Address
Little Rock, AR 72202
City State
TOM NSON ASiA CO., INC.
BY 1/ 14 L���/ (s)
1411 W. Van Asche
Address
Fayetteville, Arkansas 72703
ity State
MERCHANTS BONDING COMPANY.
Surety
By
Lj,x4a Frey
Att ney-in-Fa
Riverfront IWive
P. O. Box 3198
Address
Little Rock, AR 72203
City State
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is partnership, all partners should execute
BOND.
IMPORTANT: Surety companies executing BONDS must appear on the
Treasury Department's most current list (Circular 570 as
amended) and be authorized to transact business in the
State where the Project is located.
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AC,/1811• CERTIFICATE OF INSURANCE ISSUE DATE (MM(DDIYY)
..
9/29/92
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND
REBSAMEN INSURANCE-LRK
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
1500 R I verf ro nt Dr I vs
POLICIES BELOW.
P. O. Box 3198
COMPANIES AFFORDING COVERAGE
Little Rock,
COMPANY A
AR 722033198ASSURANCE
LETTER
COMPANY OF AMERICA
COMPANY
B
INSUREDTomL I neon Aspha Lt Company, Inc
LETTER
MARYLAND CASUALTY COMPANY
1411 West Van Aeche
COMPANY
Fayet tev i tie,
LETTER
AR 727030000
COMPANY
LETTER
COMPANY
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER
LTR DATE
POLICY EFFECTIVE POUCY EXPIRATION
(MMIDDIYY) DATE (MMIDDIYY) LIMITS
A GENERAL LIABILITY
GENERAL AGGREGATE $ 1000000
X COMMERCIAL GENERAL LIABILITY EPA0838824
9/01/92 8/01/93 PRODUCTS-COMPIOP AGO. $ 1000000
CLAIMS MADE X OCCUR.
PERSONAL 8 ADV. INJURY $ 10000
OWNER'S & CONTRACTOR'S PROT.
EACH OCCURRENCE $ 1000000
X BROAD FORM COL
FIRE DAMAGE (Any on, fire) S 50000
MED. EXPENSE (My on pi non) $ 5000
A AUTOMOBILE LIABILITY
COMBINED SINGLE
X ANY AUTO ECA14202593
S
8/01/92 8/01/93 LIMIT 1000000
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(Per pon) $
ers
HIRED AUTOS
BODILY INJURY S
NON.OWNED AUTOS
(Per accident)
GARAGE LIABILITY
PROPERTY DAMAGE S
B EXCESS LIABILITY
EACH OCCURRENCE $ 1000000
X UMBRELLA FORM UBA69084904
8/01/92 8/01/93 AGGREGATE '1000000
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
STATUTORY LIMITS
B TC368224980
8/01/92 8/01/93 EACH ACCIDENT $ 5000000
AND
DISEASE —POLICY LIMIT S 5000000
EMPLOYERS' LIABILITY
DISEASE —EACH EMPLOYEE '5000000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS
RN
WESTSIDE GENERAL AVIATION, RAMP
OVERLAY PROJECT AT DRAKE FIELD,
FAYETTEVILLE, AR
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Fayettev i L Le
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Attn: City Administration Office
MAILO1O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
113 W. mountain
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Fayet tev i L Le AR 727010000
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED PRESENTATIVE i
ACORD 25-S (7/90)
CACORD CORPORATION 1990