HomeMy WebLinkAbout74-92 RESOLUTION•
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RESOLUTION NO. 74-92
A RESOLUTION AUTHORIZING A CONSTRUCTION
CONTRACT IN THE AMOUNT OF $105,657.00 PLUS
$5,282,000 FOR CONTINGENCIES WITH JERRY D.
SWEETSER, INC., FOR SEWER LINE REPLACEMENTS AS
NEEDED ON HALL AVENUE, OLIVE AVENUE, SOUTH
COLLEGE AVENUE AND CHURCH STREET.
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BE IT RESOLVED HY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1, That the Mayor and City Clerk are hereby
authorized and directed to execute a construction contract in the
amount of $105.657.00 plus $5,282.Oo for contingencies with Jerry
D. Sweetser, Inc., for sewer line replacements as needed on Hall
Avenue, Olive Avenue, South College Avenue and Church Street. A
copy of the contract authorized for execution hereby is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 5th day of May, 1992.
APPROVED:
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By :
ATTEST:
By: ,lG X �tiJfll
City erk
Mayor
sr
CHANGE ORDER
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"aO$78.410
OWNER 0
ENGINEER
CONTRACTOR
OTHER 0
PROJECT: South College St. Box Cu'vert
(Name, Address) Fayetteville, Arkansas
TO CONTRACTOR: Jerry D. Sweetser, Inc.
(Name, Address) 590 W. Poplar
Fayetteville, AR 72703
The Contract is changed as follows:
SEE ATTACHES SHEET
CHANGE ORDER NO: ONE (1)
DATE: July 2, 1993
ENGINEER'S PROJECT NO:
CONTRACT DATE: Septerber 23, 1992
CONTRACT FOR:
92088.00
NOT VALID UNTIL SIGNED BY TNF OWNER, ENGINEER AND CONTRACTOR
The original (Contract Sum) EEkttia0OlanOtOMBletbamoilltrteml was
Net change by previously authorized Change Orders
The (Contract Suss) (tn zramtmedxMorthatxraBolie,et) prior to this
Change Order was $
The (Contract Sum) OGBIMmtl®itmetxtanamotiocrieditl,7t)C will be (increased)
(ZUNEBSUWEWORthWhWIS by this Change Order in the amount of $
The new (Contract Sum) including
this Change Order will be $
The Contract Time will he Odexcommixt ltda:ama gedO (unchanged) by
The date of Substantial Completion as of the date of the Change Order
therefore is
$
$
:79,745.00
C.00
129,745.00
4,018.00
133,763.00
0 ) days.
NOTE: This summary does not reflect changes in the Contract Sum, Contract Tine
or Guaranteed Maximum Price which have been authorized by Construction Change
Directive.
Crafton, Tull & Assoc., Inc. .len-y D. Sweetser, Inc. The City of Fayetteville
ENGINEER
P.O. Drawer 549
ADDRESS
Rogers, AR 72757-0549
BY
sord2v>a, Apr/
DATE ?/6/ r/
CONTRACTOR OWNER
590 W. Poplar :13 West Mountain
ADDRESS ADDRESS
Fayetteville AR -27 3 Fayettt Slle, AR/ 72701
7- 7- f3 7--A2- 93
CHANGE ORDER N0. 1
SOUTH COLLEGE STREET•BOX CULVERT
FAYETTEVILLE,,ARKANSAS
July 2, 1993
CTA No. 92088.00
The following items are expenses'incurred in addition to the Contract price
and as shown on the Plans:
December 8, 1992
Track Hoe - 4 hrs. @ $65 Add
Back Hoe - 3.5 hrs. @ $40 Add
Foreman - 12 hrs. @ $20 Add
Operator - 9.5 hrs. @ $18 Add
Truck Driver - 9.5 hrs @ $16 Add
Laboror - 12 hrs. @ $14 Add
Laboror - 2 hrs. @ $14 Add
December 10, 1992
Track Hoe - 3 hrs. @ $65 Add
Foreman - 8 hrs. @ $20 Add
Operator - 8 hrs. @ $18 Add
Laboror - 8 hrs. @ $14 Add
Laboror - 8 hrs. @ $14 Add
December 25, 1992
Superintendent - 6 hrs. @ $25 Add
Operator - 6 hrs. @ $18 Add
Laboror - 6 hrs. @ $14 Add
Laboror - 6 hrs. @ $14 Add
Back Hoe - 6 hrs. @ $40 Add
One Fence - Lump Sum Add $ 770.00
$ 260.00
140.00
240.00
171.00
152.00
168.00
28.00
$ 195.00
160.00
144.00
112.00
112.00
$ 150.00
108.00
84.00
84.00
240.00
French Drain - 100 1.f. @ $7
Add $ 700.00.
TOTAL ADD THIS CHANGE ORDER $4,018.00
The hourly costs shown are labor and equipment costs required to adjust individual
water and sewer service lines and to adjust the main line sewerline south of the
bridge between the existing waterlines and sewerlines to fit conditions found upon
excavation of the new sewer ditch which were not and could not be anticipated by
the Contractor or Engineer based upon available information at the time of bidding.
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SPECIFICATIONS
FOR
SEWER REHABILITATION AND RECONSTRUCTION
For Hall Ave., Olive Ave., S. College Ave.,
and Church Street
Fayetteville, Arkansas
Job 491-190
NORTHWEST ENGINEERS, INC.
524 W. Sycamore
Fayetteville, Arkansas
March 1992
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ADVERTISEMENT FOR BIDS
BID NO. 92-12
Notice is hereby given that sealed bids will be received
by the City of Fayetteville Purchasing Office until 11:00
A.M. on the 13th day of April , 1992, for furnishing
all tools, materials, and labor and performing the necessary
work for the sewer rehabilitation and reconstrudtion for
portions of Hall Ave., Olive Ave., South College Ave., and
Church Street in the city of Fayetteville, Arkansas.
The work involved consists of the installation or re-
placement of approximately 1800 linear feet of 8" PVC sewer
main, 675 linear feet of 4" PVC sewer service lines, the
construction of 4 manholes, 950 square yards of street pave-
ment repair due to the sewer construction work, and miscella-
neous items which are incidental to the construction of the
project.
All work, material, and construction shall be in accor-
dance with the plana and specifications. Said plans and
specifications are on file in the office of Northwest Engi-
neers, Inc. at 524 west Sycamore Street in Fayetteville,
Arkansas. These documents may be obtained from the office of
Northwest Engineers upon the payment of $50.00 which will not
be refunded.
Contractors shall make such inspection and studies of
the site of the work as to familiarize themselves thoroughly
with all conditions to be encountered.
Each bid must be accompanied by a cashiers check or
surety bond in the amount of 5% of the whole bid, said bond
to be issued by a surety company licensed to do business in
the State of Arkansas. Said bond or check shall be retained
as liquidated damages in the event the successful bidder
fails, neglects, or refuses to enter into a contract for the
construction of said work and furnishing the necessary bonds
within 10 days from or after the date the award is made. A
1008 performance bond will be required to be posted with the
City within 10 days after the date of bid award.
Bids must
tatned in this
not be removed
All bids shall
be made upon the official proposal sheets con -
specification and such proposal sheets shall
from the remainder of the contract documents.
be sealed and the envelopes addressed to:
Purchasing Manager
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
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I or bids may be delivered to the Purchasing Office located on
the Third Floor of the City Administration Building at 113
west Mountain Street, Room 306. All bids shall be clearly
'marked on the outside of the bid envelope that it is a bid
for sewer rehabilitation and reconstruction for Hall, Olive,
South College, and Church Street. The City of Fayetteville
' reserves the right to reject any and all bids, and to waive
any formalities deemed to be in the best interest of the
City. Also, the information on the outside of the envelope
shall contain the time and date for the opening of bids. The
I name of the bidder shall also be shown on the outside of the
envelope. Bids will be opened at the above specified time at
Room 111. City Administration Building, 113 West Mountain
Street.
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Purchas,ng Manager
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To Northwest Ark. Tures:
Please publish on 3-30-92 & 4-6-92
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INFORMATION FOR BIDDERS
SEWER REHABILITATION AND RECONSTRUCTION
For Iia.] Ave., Olive Ave., S. College Ave.,
and Church Street
Fayetteville, Arkansas
March 1992
1. Instructions to Bidders:
The City of Fayetteville (hereinafter called the
Owner) is requesting dibs for work on the above caption-
ed sewer project.
2. Receipt, Opening and Acceptance of Bids:
The Owner invites bids on the forms attached here-
to. Bids will be received at the office of the City of
Fayetteville Purchasing Officer located on the Third
Floor of the City Admini$tration Building, at 113 west
Mountain Street, Room 3047, until 10:00 A.M. on the
day of 4,001AA._ , 1992. All bids will be clearly hark-
ed on the outside of the bid envelope that :t is a bid
for Sewer Rehabilitation and Reconstruction for Hall
Ave., Olive Ave., S. College Ave., and Church Street.
Also, the information on the outside of the envelope
shall contain the time and date for the opening of bids,
and the name of the bidder. Each bid must be accompa-
nied by a cashiers check or surety bond in the amount of
5% of the whole bid. Said bond or check shall be placed
in an envelope and attached to the outside of the bid
envelope. The Owner may reject any and all bids. Any
bid submitted by a Contractor and not accepted by the
Owner within a period of 60 days of submission of the
bid may, at the option of the contractor, be withdrawn
from consideration for the proposed work. This bid is
subject to the availability of funds.
3. Estimated Quantities:
The Engineer's estimate of quantities is approxi-
mate only and shall be used for the basis for receiving
unit price bids, and shall not be considered as the
actual quantities that may be required for the comple-
tion of the proposed work. The quantities, at the unit
and lump sum prices bid for each item shall be used to
determine the amount of bid for comparison with other
bidders to aid in determining the lowest and best bidder
for the purpose of awarding the contract, and will be
used as a basis for fixing the amount of the required
bond.
4. Completion of Bidding Forms:
The bidders must state a unit price for each item
as shown on the proposal schedule. The price must be
stated in figures and in words on the blanks provided
for on the schedule and must be clear, legible, and in
ink. Unit prices shall include amounts sufficient for
the furnishing of all labor, materials, too's, and
equipment in order to construct and completely finish
all of the work as called for in the Specifications and
as shown on the Plans.
The proposal schedule has been separated into four
different sections, (1 through 4), for clarity. This
project is composed of one contract only which includes
Sections 1, 2, 3 and 4 as a single project.
5. Balanced Bids:
The prices bid on the various items of work shall
bear a fair relationship to the cost of the work to be
done. Any bids appearing unbalanced and deemed not to
be in the best interest of the Owner may he rejected at
the discretion of the Owner.
6 qualifications of Bidders:
=f requested by the Owner or Engineer, the bidders
must submit satisfactory evidence of his ability and
competency to perform the proposed work. The Owner re-
serves the right to reject a bid if the bidder has not
submitted upon request, a statement of his qualifica-
tions prior to the date of the bid opening.
7. Subcontractor:
The Contractor must obtain written approval from
the Cwner before assigning or subletting all or any part
of this contract. The Contractor shall not allow an
approved 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 not
release the Contractor from any of his obligations set
out in the plans, specifications, contract, and bonds.
8. Contract Time:
The number of working days for completion of the
work under this Contract (for Sections 1 through 4)
shall be 60 working days.
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CONTRACT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
THIS AGREEMENT made and entered into on this s -
day of , 1992, by and between the City of Fayette-
ville, Ark nsas, hereinafter called the OWNER, and J.D.
Sweetser, nc., hereinafter called the CONTRACTOR.
WITNESSETH: That Whereas, the OWNER has called for bids
for sewer rehabilitation and reconstruction in a certain area
of Fayetteville, Arkansas as set out in these Plans and Spec-
fications and,
WHEREAS, the CONTRACTOR has submitted the best bid for
the work set out in these Plans and Specifications,
NOW, THEREFORE, the CONTRACTOR agrees with the OWNER to
furnish all materials, labor, equipment, tools, supervision,
insurance, and other accessories and services necessary to
complete the work in accordance with the Plans and Specifi-
cations for the unit and lump sum prices bid in the Proposal,
said Proposal, Plans and Specifications which are attached
hereto and made a part of this Contract.
The CONTRACTOR agrees to commence work on or before a
date to be specified in a written "Notice to Proceed" from
the OWNER and to fully complete the project within 60 working
days thereafter. The CONTRACTOR also agrees to pay as liqui-
dated damages the sum of S100.00 for each consecutive calen-
dar day thereafter that is required to complete the project,
plus attorney's fees and an amount to be set by the court,
court costs, and all other costs of collection if said liqui-
dated damages are not paid to the OWNER within 10 days of de-
mand for payment by certified mail, return receipt requested.
The OWNER agrees to pay the CONTRACTOR in current funds
for the performance of the Contract in accordance with the
accepted Proposal therefore, subject to additions and
deductions, as provided in the Standard and Detailed
Specifications, and to make payment on account there as
provided below:
As soon as is practicable after the first of each
calendar month, the OWNER will make partial payments to the
CONTRACTOR for work performed during the preceding calendar
month, based upon the Engineer's estimate of work completed,
said estimate being certified by the CONTRACTOR and accepted
by the OWNER. Upon completion of work and final acceptance
by the OWNER and Engineer, the Engineer shall issue a Final
Estimate of work done based upon the original Contract and
subsequent changes made and agreed upon, if any.
Time is hereby expressly declared to be of the essence
on this Contract, and the time of beginning, manner of
progress and time of completion of the work hereunder, shall
be, and are essential conditions hereof.
If the CONTRACTOR be delayed at any time in the progress
of the work by any act or neglect of the OWNER or of his
employees, or by any other Contractor employed by the OWNER,
or by changes ordered in the work, or by strikes, lockouts,
fire, unusual delay in transportation, unavoidable casualties
or any causes beyond the CONTRACTOR'S control, or by delay
authorized by the Engineer pending arbitration, or by any
cause which the Engineer shall decide to justify the delay,
then the time of completion shall be extended for such
reasonable time as the Engineer may decide. Similarly,
should the CONTRACTOR he unable to complete the work due to
persistent inclement weather or because of delays in delivery
of necessary construction components, allowances shall be
made in the completion time. No such extension shall be made
for delay occurring more than seven days before claim
therefore is made in writing to the Engineer. In the case of
a continuing cause of delay, only one claim is necessary.
In the event the CONTRACTOR abandons the work hereunder
or fails, neglects or refuses to continue the work after ten
(10) days written notice, given CONTRACTOR by OWNER or by the
Engineer, then the OWNER shall have the option of declaring
this Contract at an end, in which event, the OWNER shall not
be liable to the CONTRACTOR for any work theretofore
performed hereunder, said OWNER may complete the said
Contract at his own expense, and maintain an action against
the CONTRACTOR for the actual cost of same.
The waiving of any one or more of the covenants of this
Contract on the part of any party thereto shall be limited to
that particular instance, and shall not be deemed a waiver of
any other breaches or covenants at any time.
In the event any part of this Contract is found to be
unenforceable for any reason, all other parts of this
Contract shall remain in full force and effect.
This Contract shall be binding upon the heirs,
representatives, successors, or assigns of the parties
hereto.
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IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto
set their hands and seals, respectively.
14,1)%)I
W TNESS
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AnOr agtOm64‘Y
WITNESS
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By:
Title:
By:
Title:
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)57,05 rsa7—
City of Fayetteville
OWNFiR
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PRCPOSAL
FOR SEWER REHABILITATTCN AND RECONSTRUCTION
For Hal: Ave., Clive Ave., S. College Ave.,
and Church Street
Fayetteville, Arkansas
March 1992
TO: Purchasing Officer
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
The undersigned,
states that he has carefully examined the plans, profiles,
and specifications on file in the office of Northwest Engi-
neers, Inc., Fayetteville, Arkansas, relative to the proposed
construction, as set out in the title of this Proposal; that
he is familiar with the same and understands each and all;
has examined the location and site; that all bids are made
w ith the full knowledge of the difficulties and conditions
that may be encountered, work to be done, equipment and mate-
✓ ials required, and with the full knowledge of the plans,
profiles, specifications, and estimates; that this Proposal
is made without collusion on the part of any person, firm or
corporation. He further states that he will enter into a
contract to construct said improvements in accordance with
the specifications, and have same completed within the con-
tract time as stated on the "Information for Bidders" sheet
from the date of the execution of the contract for the unit
and lump sum prices set out below.
Bidder hereby agrees to commence work under this con-
tract on or before a date to be specified in written "Notice
to "Proceed" of the Owner and to fully complete the project
within 60 working days thereafter as stipulated in the speci-
fications. Bidder further agrees to pay as liquidated dam-
ages, the sum of $100.00 for each consecutive working day
thereafter as hereinafter provided :n Paragraph 19 of the
General Conditions.
* Bidder acknowledges receipt of the following addendum:
* Insert Addendum number(sl or the work "None" as applicable.
By:
Contractor
Bidder agrees to perform all the construction work described
in the Specifications and shown on the Plans for the following
unit and lump sum prices:
ITEM
NO.
ITEM
SECTION 1: HALL AVENUE
1 8" PVC Sewer Main
Twenty -Two Dollars/LF
(WORDS)
2 4" PVC Service Line
Twelve Dollars/LF
(WORDS)
3 8" x 4" Service Wyes
Fifty Dollars/EA
(WORDS)
4 Connect to Exist. Manholes
Two Hundred Dollars/EA
(WORDS)
5 SB -2 Base Backfill
Twelve Dollars/CY
(WORDS)
6 Rock Excavation
Cne Hundred Dollars/CY
(WORDS)
7 Street Pavement Repair
Twenty -Eight Dollars/SY
(WORDS)
EST. UNIT EXTENDED
QUANT. PRICE
1,250 LF $ 22.00/LF $27,500.00
250 LF $ 12.00/LF $ 3,000.00
16 EA $ 50.00/EA $ 800.00
5 EA $ 200.00/EA $ 1,000.00
850 CY $ 12.00/CY $10,200.00
10 CY $ 100.00/CY $ 1,000.00
710 SY $ 28.00/SY $19,880.00
SUBTOTAL (SECTION 1): $63,380.00
Sixty -Three Thousand Three Hundred Eighty Dollars
(WORDS)
SECTION 2: OLIVE AVENUE
ITEM !TEM EST. UNIT EXTENDED
NO. QUANT. PRICE
1 8" PVC Sewer Main355 LF $ 23.40/LF $ 8,307.00
Twenty -Three Dollars and Forty Cents/LF
(WORDS)
2 4" PVC Service Line 60 LF $ 12.00/LF $ 720.00
Twelve Dollars/LF
(WORDS)
3 Std. Manholes (4'-8') 1 EA $1000.00/EA $ 1,000.00
One Thousand Dollars/EA
(WORDS)
4 Shallow Manhole 2 EA $ 900.00/EA $ 1,800.00
Nine Hundred Dollars/EA
(WORDS)
5 Connect to Exist. Manhole 1 EA $ 200.00/EA $ 200.00
Two Hundred Dollars/EA
(WORDS)
6 Install 4" Cleanouts 2 EA $ 50.00/F.A $ 100.00
Fifty Dollars/EA
(WORDS)
7 Concrete Encasement 50 LF $ 10.00/LF $ 500.00
Ten Dollars/LF
(WORDS)
8 SB -2 Base Backfill 50 CY S 12.00/CY $ 600.00
Twelve Dollars/CY
(WORDS)
9 Rock Excavation 35 CY $ 100.00/CY $ 3,500.00
One Hundred Dollars/CY
(WORDS)
ITEM
NO.
10
ITEM
Street Pavement Repair
Twenty -Eight Dollars/SY
(WORDS)
EST.
QUANT.
UNIT
PRICE
EXTENDED
40 SY $ 28.00/SY $ 1,120.00
SUBTOTAL (SECTION 21: $17,847.00
Seventeen Thousand Eight Hundred Forty -Seven Dollars
(WORDS)
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1 SECTION 3: SOUTH COLLEGE AVENUE
I ITEM ITEM EST.UNIT EXTENDED
NO. QUANT. PRICE
' 1 8" PVC Sewer Main 220 LF $ 22.00/LF S 4,840.00
Twenty -Two Dollars/LF
I(WORDS)
2 4" PVC Service Line 115 LF $ 12.00/LF S 1,380.00
I Twelve Dollars/LF
(WORDS)
I3 Std. Manholes (4'-8') 1 EA $1000.00/EA $ 1,000.00
One Thousand Dollars/EA
(WORDS)
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4 Connect to Exist. Manhole 1 EA $ 200.00/EA S 200.00
Two Hundred Dollars/EA
(WORDS)
I5 8" x 4" Service Wyes 5 EA S 50.00/EA S 250.00
Fifty_Dollars/EA
(WORDS)1 '-
E SR -2 Rase Backfill 200 CY $ 12.00/CY $ 2,400.00
1
Twelve Dollars/CY
(WORDS)
7 Rock Excavation 10 CY $ 100.00/CY $1,000.00
'
One Hundred Dollars/CY
(WORDS)
1 8 Sidewalk Repair 125 SF S 2.00/SF $ 250.00
' Two Dollars/SF
(WORDS)
9 Gravel Driveway Repair 1 EA S 200.00/EA S 200.00
ITwo hundred Dollars/EA
(WORDS)
ITEM
NO.
ITEM
EST.
QUANT.
UNIT
PRICE
EXTENDED
10 Concrete Driveway Repair 15 SY $ 30.00/SY $ 450.00
Thirty Dollars/SY
(WORDS)
11 Street Pavement Repair 180 SY $ 28.00/SY $ 5,040.00
Twenty -Eight Dollars/SY
(WORDS)
Seventeen Thousand and Ten Dollars
SUBTOTAL (SECTION 31: $17,010.00
(WORDS)
ITEM
NO.
ITEM
SECTION 4: CHURCH STREET
EST.
QUANT.
UNIT
PRICE
EXTENDED
1 6" X 4" Service Taps 3 EA $ 500.00/EA $ I,500.00
Five Hundred Dollars/EA
(WORDS)
2 4" PVC Service Line 250 LF $ 15.00/LF $3,750.00
Fifteen Dollars/LF
(WORDS)
3 4" Cleanouts
Fifty Dollars/EA
(WORDS)
4 SB -2 Base Backfill
Twelve Dollars/CY
(WORDS)
5 EA $ 50.00/EA $ 250.00
30 CY $ 12.00/CY $ 360.00
5 Rock Excavation 5 CY $ 100.00/CY $ 500.00
One Hundred Dollars/CY
(WORDS)
6 Sidewalk Repair 60 SF $ 2.00/SF $ 120.00
Two Dollars/SF
(WORDS)
7 Gravel Driveway Repair 2 EA $ 200.00/EA $ 400.00
Two Hundred Dollars/EA
(WORDS)
8 Street Pavement Repair 45 SY $ 12.00/SY $ 540.00
Twelve Dollars/SY
(WORDS)
SUBTOTAL (SECTION 4): $__7,420.00
Seven Thousand Four Hundred Twenty Dollars
(WORDS)
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SUBTOTALS:
SECTION 1 (HALL AVENUE)
SECTION 2 (OLIVE AVENUE)
SECTION 3 (S. COLLEGE)
SECTION 4 (CHURCH STREET)
TOTAL (SUCTIONS 1-4)
s 63,380
s /1,8`17
$ 11,010
$ 7t4a0—
s 105, &s7`-'
C►VG IWr464sk C,06-- t'&ou9 *JA 8 )M kvtiidwd
(WORDS)
Respectf lly Subm t
By:
( TLE)
Arkansas License No.
7/ 08 7
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Abstrote
(SEAL - if bid is by a corporation)
SEoesal
/Dollars
�.... q _ ...i ��.p, . _
8 v m v •%). >+ .. _._ M _ 1.414.
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lei
'i UNITED STATES FIDELI ` .a ny UARANTY COMPANY
(A Stock Company)
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
We...JcrrY. ?. Swee.tSCr r..Tnc... .. .. ... .. .. . .. .. ... ...... ... ... .. ... ... .
................. ..
as Pr ncipa'. hereinafter caller Principal, and UNITED STA -ES FIDE_ -Y AND GUARANTY COMPANY, a
coroporation organizer and existing under the aws o' tie Slate of Marylanc and author zed to do ousrress
in tie State cI Arkansas as Suroy hereinafter ca led Surety. are he d and firmly bound unto ..
City cf-ayetevil... e
as Obligee hereinafter called Owner. n :he amount of .one hundred „f Avg,tnousand.six
,hundred a..nd fifty-seven and 00/100.
Dollars ($ 105,657.OJ . ), fcr the payment whereof Principal and Surely b nd themseves. their hers,
personal representatives. successors and assigns, )o ntly and severally. firm y by these presents.
Principal has by written agreement dated .... entered into a contract
with Owner for furnishing all materials and labor for sewer rehab:litat:on and re-
construction, Hall Avenue, Olive Avenue, South College Avenue and Church Street,
Fayetteville, Arkansas, in accordance with plans and specifications by North-
west Engineers
which contract is by reference made a part hereof. and s
hereinafter re`erred to as the Contract
THE CONDITION OF THIS OBLIGATION is such that .1 the Principal sha I'atttully person the Cortract
cn his pari and snail sully indcmn ty and save harmless :he Owner from a I cost and damage witch ne -nay
surfer by reason o' lailure so :o do and shall fully reimburse and repay the Owner all outlay and expense
which the Owner may incur it mak ng good any such celau'I. and. further. that is the Pr ncipa sha I pay all
persors all indebtedness for labor or materia s'urnished or performed under said Contract. fa I ng which such
persors shal have a direct right of action against the Pr ncipa and Surety. )oirtIy and several y. under th s
obligation. sub,ec: to the Owner's priority, then this obligation shal be null arc void; otherwise i: shall remain
in full force and effect.
No su 1. action or proceeding sha I be brought or this bord outside the Slate of Arkarsas No suit. action
or proceeding shall be brought on this bond except by the Owner. unless 1 s brought in accordance with
A.C.A. Section 22-9-403 (b) and A C.A. Section ' 8-44-503 (b) (Supp. 1987) as amenced. No suit. aclior or
proceeding shall be brought by the Owner after twc years from the date on wh cn firal payment under the
Contract sails due.
Any ateratiors which may be made in the terms of :he Contract or in the work to be done under t, or
the giving by tie Owner of any extension of time for tie performance of the Cortract or any other forberance
on the par of either the Owner or the Pr ncipa to the other shal not r ary way release the Principal and
the Surety or Sureties, or either or any of them. their heirs, persona representatives, successors or assigns
from their I ability hereunder. not ce tc the Surety or Suet es of any such alteration. exters on or forbearance
being hereby waiver. .
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In no even: shall the aggregate liabr ity of the Suety exceed the sum set out hereir.
Executed on this .. ..) 3th ... cay o'... MAY
Rs:7 4
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CcnI-ad 158 (A-Mansas1 (11-89)
Principal
i'resident
UNITED STATES FIDELITY AND QUARANTY COMPANY
✓. ▪ (( Surety
Hobert M. Bay' a Attorney-in-fact .
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COPY OF RESOLUTION
Thal W Meas, h ie aeeemarr fa the e!eetoa: transaction of bovinely chat this Company appoint "penis and simmers Mill power
and autbonty to act fur it and in its zone M States other thea Mary:enc. and in the Territories of the United Stains and in :he Prar..nces
and termories of Canada:
T/oere%re. be It Resolves, that ibis Company do. and is hereby does, authorize and empower it. President or ether of its Vice.
Presidents in conjunction with its Secretary � see of its Aims:ant Secretanes. under its corporate aesL to appoint any person or persona
as attorney or attoeneys-m4fact, or agent or agents of said Compsay. a' it. none and a its act. to execute mud deliver any and all contracts
guaranteeing the fidelity of persons holding positions of public or private trust. guaranteeing the performances of cantrams other than
insurance policies and ezewtmg or guamteeing bands and undertakings, required or permitted in all orations er preiaedinga, or by ]aw
allowed, and
Alas, in its name and al its Mersey or attorneys -in -fact. cr agent or agents tr untrue and minute the condinoo. o! any and at
bonds. recognizance', ob:igatioas. repulsions. unaenakiag• or anything in the nusrr of either of the same. which ars or may by law,
manicipal or otherwise, or by any Statute or the United Stun or of any State or Territory of the United Stater or of :rue PRnvincn er
territories of Canada, or by the rules. regulatima order. customs. practice or discretion of any board. body. orpaisation. rare or of.cer.
IoaL municipal or otherwise. he allowed, nquind a permitted to be executed. made. taken. given. tendered. accepted hied or rerordee
for the .seamy er protection of. by or for any person or persons. corporation. boa), offer, inierer_ municipality or other neoeiuian or
organization whatsoever, in any and all capacities whatsoever. conditioned for the acing or nes doing of anything or any conditions whirl,
may be prcvidec for in any Inch bond. recognisance, obligation. stipulation, or undertaking. or anything in the nature of either of the rami.
Janes M. Carroll , an Amrsant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY. do hereby certify that the foregoing is a hill. true and correct copy of the original power of attorney given
by said Company to ROSIEt M. Davis
o+,
Fayetteville, Ar sas, authorising and empowering him to sign bonds as therein se:
forth. which power of attorney has never been revoked and is still m fill force and effect.
And I do further certify that said Power of Attorney was green in pursuance of a resolution adopted st a regmier meeting of for
Board of Directory of said Company, duly aced and held u the office of the Company it the Gey of &htmore. on the 25th day of
November. 1981. at which meeting a guarani of the Board of Threw. was present and that the foregoing is a trt* and correct copy of said
respaction. and the whole thereof as recorded in the mina es cf raid meeting
in Testimony Whereof. I base hereunto se my hand dna the sea: of the CN:':ED STATES FIDELr n AND GUARANTY
COMPA.11 on April 26, 1992.
(Date)
Assistant Secretary.
! at Ll t to
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1 MM.. CERTIFICATE OF INSURANCE
PRODUCER
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Eason a Co., Inc.
P.O. Bos 4217
Fayetteville, AB 72702
INSURED
Jerry D. SNeetser, loc.
I590 N. Poplar
Fayetteville, AB 72703
'COVERAGES
THIS IS TO CEPTIF`I THAT THE POLICIES OF INSJPANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMLD ABOVE FOR THE POLICY PE ROOD
NDICATED, NOTWITHSTANDING ANY REOLIRFMFNT. TERM OR CONDITION OF ANY CONTRACT OR 0 -HER DOCUME41 W TH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL.. THE 1ERMS,
EXCLUSIONS MID CONDI-IONS CF SUCH P01 ICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
ISSUE DATE ;Mw7DIYYl
5/13/92
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANY A
1 ETTFR
COMPANY s
LEI IEN
COMPANY C
LEI 1ER
COMPANY D
LEITER
COMPANY E
LET'ER
COMPANIES AFFORDING COVERAGE
USF&G
IO
LTR
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TYPE OF INSURANCE
GENERAL LIABILITY
x COMMERCIAL GENERAL LIABILITY
CLAIMS MADE x OCCUR
OWNER S a CONTRACTOR'S PROT
POLICY RUNNER
1CP30001039201
AUTOMOBILE LIABILITY
X ANY AUTO 1CP30001039201
ALL OWNED AUTOS
SCHEDULED AUTOS
x HIRED AUTOS
x NCA -OWNED AUTOS
GARAGE L ABILITY
EXCESS UABIUTY
x UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS LIABILITY
OTHER
POLICY EFFECTIVE POLICY EXPIRATION
DATE DAWDOIYY) DATE (MMIDOIYY)
10/30/91 10/30/92
10/30/91
1CP30001039201 10/30/91
3902052917 10/30/91
/ESCRIPTION OF OPERATIQNNLOCATIOMSIVEICLESISPECIAL ITEMS
1
CERTIFICATE HOLDER
1 City of Fayetteville
1.13 N. Maintain St.
Fayetteville, AR 72701
1
LORD 21•S (710)
CANCELLATION
10/30/92
10/30/92
10/30/92
UNITS
GENERAL AGGREGATE
PNODuC'SCOMP'OP A313
PERSONAL ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE ;Any ane An;
S
S
S
S
S
MED EXPENSE (A-ry ono Person' S
COMBINED 9 NGLE
LIMIT
BODILY INJURY
(Pee Penn)
BODILY INJURY
(Pr =Wvq
S
S
S
PROPERTY DAMAGE S
EACH OCCURRENCE
MIGREGAIE
STATUTORY L MITS
EACH ACCIDENT
DISEASE—POLICY LIM
DISEASE -EACH EMPLOYEE
2.000,000
1,000,000
1,000,000
50,000
5,000
1,000,000
B 2,000,000
S 2,000,000
A 100,000
$ 500,000
B 100,000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY Wll. ENDEAVOR TO
MA•L _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEI 1 BUT FAIT URF TO MAIL SUCH NOTICE SHALL IMPOSE NO O8L CATION OR
1 IABI. ITV OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
Bob Davie
cACORD CORPORATION Ino
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GENERAL CCNDITIONS
1. Contract and Contract Documents
The project to be constructed pursuant to this Contract and
is subject to all applicable City, State and Federal laws and
regulations.
The Plans, Specifications and Addenda for this project shall
form part of this Contract and the provisions thereof shall be as
binding upon the parties hereto as if they were herein fully set
forth. The table of contents, titles, headings, running headlines
and marginal notes contained herein and in said Documents are
solely to facilitate reference to various provisions of the
Contract Documents and in no way affect, limit or cast light on
the interpretation of the provisions to which they refer.
Contents
a. Contract and Contract Documents
2. Definitions
3. Additional Instructions and Detail Drawings
4. Scope and Intent of Specifications and Plans
5. Materials, Services, and Facilities
6. Contractor's Title to Materials
7. inspection and Testing of Materials
8. "Or Equal" Clause
9. Patents
10. Surveys, Permits and Regulations
11. Contractor's Obligations
12. Weather Conditions
13. Protection of Work and Property --Emergency
14. Inspection
15. Reports, Records and Data
16. Superintendence by Contractor
17. Changes in Work
18. Extras
19. Time for Completion and Liquidated Damages
20. Correction of Work
21. Subsurface Conditions Found Different
22. Claims for Extra Cost
23. Right of Owner to Terminate Contract
24. Construction Schedule and Periodic Estimates
25. Payments to Contractor
26. Acceptance of Project and Final Payment
27. Payments by Contractor
28. Insurance
29. Contract Security
30. Additional or Substitute Bond
31. Assignments
32. Mutual Responsibility of Contractors
33. Separate Contracts
34. Subcontracting
35. Engineer's Authority
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36. Use of Premises and Removal of Debris
37. Quantities of Estimate
38. Lands and Riyhts-of-Way
39. General Guaranty
40. Ccnflictiny Conditions
4:. Notice and Service Thereof
42. Required Provisions Deemed Inserted
43. Other Prohibited Interests
44. Suspension of Work
45. Fiyured Di:"ensions
46. Diverting and Blocking Traffic
47. Danyer Signals and Safety Devices
48. Privileges of Contractor in Streets
49. waterways
50. Location of Facilities
5:. Work Done Without Lines or Grades
52. Preservation of Monuments and Stakes
53. Sanitary Conveniences
54. Sunday, Holiday and Night Work
2. Definitions
The following terms as used :n this Contract are respectively
defined as follows:
(a) "Owner": City of Fayetteville, also referred to as
City."
Ib) "Contractor": A person, firm or corporation with whom
the Contract is made by the Owner.
(c) "Subcontractor": A person, firm or corporation supplying
labor and materials or only labor for work at the site of
the project for, and under separate Contract or agreement
with the Contractor.
(d) "Work on (at) the Project": Work to be performed at the
location of the project, includiny the transportation of
materials and supplies to or from the location of the
project by employees of the Contractor and any
Subcontractor.
(e) "Engineers": Enyineers spall mean the firm of Northwest
Enyineers, Inc., who have been employed by the Owner for
this work, or their duly authorized agents, such ayents
acting severally witnin the scope of the particular
duties entrusted to them, whose decisions shall, in all
cases, be subject to final approval by the Engineers. In
all matters pertaining to the status or amount of the
Contract, orders issued by the Engineers and signed by
the representative of the Owner shall be valid.
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3. Additional Instructions and Detail Drawings
The Contractor will be furnished additional instructions and
detail drawings as necessary to carry out the work included ir. the
Contract. The additional drawings and instructions thus supplied
to the Contractor will coordinate with the Contract Documents and
will be so prepared that they can be reasonably interpreted as
part thereof. The Contractor shall carry out the work ir.
accordance with the additional detail drawings and instructions.
The Contractor and the Engineer will prepare jointly (a) a .
schedule, fixing the dates at which special detail drawings will
be required, such drawings, if any, to be furnished by the
Engineer in accordance with said schedule, and (b) a schedule
fixing the respective dates for the submission of shop drawings,
the beginning of manufacture, testing and installation of
materials, supplies and equipment, and the completion of the
various parts of the work; each such schedule to be subject to
change from time to time in accordance with the progress of the
work.
4. Scope and Intent of Specifications and Plans
The Specifications and Plans are intended to supplement but
not necessarily duplicate each other, and together constitute a
complete set cf Specifications and Plans; so that any work
exhibited in one and not the other, shat: be executed just as it
had been set forth in both, in order that the work shall be
completed according to the complete design or designs as decided
and determined by the Engineers. Should anything be omitted from
the Specifications and Plans which is necessary to a clear
understanding of the work, or should it appear various
instructions are in conflict, then the Contractor shall secure
written instructions from the Engineers before proceeding with
construction affected by such omissions or discrepancies. It is
understood and agreed that the work shall be performed and
completed according to the true spirit, meaning and intent of the
Contract, Specifications and Plans.
5. Materials, Services, and Facilities
(a) It is understood that except as otherwise specifically
stated in the Contract Documents, the Contractor shall
provide and pay for all materials, labor, tools,
equipment, water, light, power, transportation,
superintendence, temporary construction of every nature,
and all other services and facilities of every nature
whatsoever necessary to execute, complete, and deliver
the work within the specified time.
(b) Any work necessary to be performed after regular working
hours, on Sundays or Legal Holidays, shall be performed
without additional expense to the Owner.
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6. Contractor's Title to Materials
No materials or supplies for the work shall be purchased by
the Contractor cr by any Subcontractor subject to any chattel
mortgage or under a conditional sale contract or other agreement
by which an interest is retained by the seller. The Contractor
warrants that he has good title to all materials and supplies used
by him in the work, free from all liens, claims or encumbrances.
7. Inspection and Testing of Materials
(a) All materials and equipment used in the construction of
the project shall be subject to adequate inspecticn and
testing in accordance with accepted standards. The
laboratory or inspection agency shall be approved by the
Owner.
(b) Materials of construction, particularly those upon which
the strength and durability of the structure may depend,
shall be subject to inspection and testing to establish
conformance with Specifications and suitability for uses
intended.
8. "Or Equal" Clause
Whenever a material, article or piece of equipment is
identified on the Plans or in the Specifications by reference to
manufacturers' or vendors' names, trade names, catalogue numbers,
etc., it is intended merely to establish a standard; and, any
material, article, or equipment of other manufacturers and vendors
which will perform adequately the duties imposed by the general
design will be considered equally acceptable provided the
material, article, or equipment so proposed, is, in the opinion of
the Engineer, or equal substance and function. It shall not be
purchased or installed by the Contractor without the Engineer's
written approval.
9. Patents
(a) The Contractor shall hold and save the Owner and its
offices, agents, servants, and employees harmless from
liability of any nature or kind, including cost and
expenses for, or on account of, any patented or
unpatented invention, process, article, or appliance
manufactured or used in the performance of the Contract,
including its use by the Owner, unless otherwise
specifically stipulated in the Contract Documents.
(b) License or Royalty Fees: License and/or Royalty Fees
for the use of a process which is authorized by the
Owner of the project must be reasonable, and paid to the
holder of the patent, or his authorized licensee, direct
by the Owner and not by or through the Contractor.
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(c) If the Contractor uses any design, device or materials
covered by letters, patent or copyright, he shall
provide for such use by suitable agreement witn the
Owner of such patented or copyrighted design, device or
material. It is mutually agreed and understood, that,
without exception, the Contract prices shall include all
royalties or costs arising from the use of such design,
device or materials, in any way involved in the work.
The Contractor and/or his Sureties shall indemnify and
save harmless the Owner of the project from any and all
claims for infringement by reason of the use of such
patented or copyrighted design, device or materials or
any trademark or copyright in connection with work
agreed to be performed under this Contract, and shall
indemnify the Owner for any cost, expense or damage
which it may be obliged to pay by reason of such
infringement at any time during the prosecution of the
work or after completion of the work.
10. Surveys, Permits, and Regulations
Unless otherwise expressly provided for in the
Specifications, the Owner will furnish to the Contractor all
surveys necessary fcr the execution of the work.
The Contractor shall procure and pay all permits, licenses
and approvals necessary for the execution of his Contract.
The Contractor shall comply with all laws, ordinances, rules,
orders, and regulations relating to performance of the work, the
protection of adjacent property, and the maintenance of
passageways, guard fences or other protective facilities.
11. Contractor's Obligations
The Contractor shall and will, in good workmanlike :manner, do
and perform all work and furnish all supplies and materials,
machinery, equipment, facilities and means, except as herein
otherwise expressly specified necessary or proper to perform and
complete all the work required by this Contract, within the time
herein specified, in accordance with the provisions of this
Contract and said Specifications and in accordance with the Plans
and drawings covered by this Contract, any and all supplemental
Plans and drawings, and in accordance with the directions of the
Engineer as given from time to time during the progress of the
work.
The Contractor shall observe, comply with, and be subject to
all terms, conditions, requirements, and limitations of the
Contract and Specifications, and shall do, carry on, and complete
the entire wcrk to the satisfaction of the Engineer and the Owner.
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12. Weather Conditions
In the event of temporary suspension of work, or during
inclement weather, or whenever the Engineer shall direct, the
Contractor will, and will cause his Subcontractors to protect
carefully his and their work and materials against damage or
injury from the weather. If, in the opinion of the Engineer, any
work or materials shall have been damaged or injured by reason of
failure on the part of the Contractor or any of his Subcontractors
sc to protect his work, such :materials shall be removed and
replaced at the expense of the Contractor.
13. Protection of Work and Property --Emergency
The Contractor shall at all times safely guard the Owner's
property from injury or loss in connection with this Contract. He
shall at all tines safely guard and protect his own work, and that
of adjacent property from damage. The Contractor shall replace or
make good any such damage, less or injury unless such be caused
directly by errors contained in the Contract or by the Owner, or
his duly authorized representatives.
In case of an emergency which threatens loss or injury of
property, and/or safety of life, the Contractor will be allowed to
act, without previous instructions from the Engineer, in a
diligent manner. He shall notify the Engineer immediately
thereafter. Any claim for compensation by the Contractor due to
such extra work shall be promptly submitted to the Engineer for
approval.
Where the Contractor has not taken action but has notified
the Engineer of an emergency threatening injury to persons or
damage to the work of any adjoining property, he shall act as
instructed or authorized by the Engineer.
The amount of reimbursement claimed by the Contractor on
account of any emergency action shall be determined in the manner
provided in Paragraph 17 of the General Conditions.
14. Inspection
This project shall at all times be subject to inspections by
representatives of the City, the Owner, and/or the Engineer.
Unless otherwise directed by the Engineer, all work of a
permanent nature which cannot be inspected after completion shall
be done in the presence of ar. inspector. NO CONCRETE SHALL BE
PLACED UNLESS AN INSPECTOR IS PRESENT. NC SEWER LINE SHALL BE
BACKFILLED UNTIL AN INSPECTION HAS BEEN MADE BY THE ENGINEER. The
Contractor shall notify the Engineer at least 24 hours in advance
before concrete is to be poured. It shall be the duty of the
Contractor to notify the Engineer in advance of the beginning of
work after delays, shutdowns, change of work progress or change of
location.
The failure or neglect on the part of the Engineer or the
inspector to inspect, condemn or reject inferior materials or work
shall not be construed to imply an acceptance of the same should
inferiority become evident at any time prior to the final
acceptance of the work by the Owner, or within the time limit of
one year as set out in the Detail Specifications.
The Engineer does not guarantee the performance of the
Contract by the Contractor, nor shall his inspection be construed
as supervision of actual construction, nor make him responsible
for providing a safe place for the performance of the work by the
Contractor, or the Contractor's employees, or those of the
suppliers, his Subcontractors, nor for access, visits, use, work,
travel or occupance by any person, as these responsibilities are
covered under the provisions of this Contract, the Contractcr's
insurance and Performance Bond, and are not the responsibility of
the Engineer. Where the provisions of safety, in any of its
categories, are not being observed, and this condition comes to
the attention of the Engineer or his representative, the Engineer
may require standard safety procedure to be initiated, but the
requirement of these procedures does not constitute a guarantee by
the Engineer as to their adequacy or the safety of the public.
Where plants, buildings, or mass movement of earth is being
undertaken, the Engineer will set such control lines and basic
elevations as are required for the Contractor to make such unit or
plant layouts as are required. When work is undertaken which
requires a constant or generally intermittent checking of lines
and elevations, the Contractor shall maintain such equipment and
personnel as are essential to the actual prosecution of the work.
In these instances, the final grades, alignment and dimensions are
subject to the checking of the Engineer.
15. Reports, Records, and Data
The Contractor shall submit to the Owner such schedule of
quantities and costs, progress schedules, payrolls, reports,
estimates, records and other data as the Owner may request
concerning work performed or to be performed under this Contract.
16. Superintendence by Contractor
At the site of the work the Contractor shall employ a
construction superintendent or foreman who shall have full
authority to act for the Contractor. It is understood that such
representative shall be acceptable to the Engineer and shall be
one who can be continued in that capacity for the particular job
involved unless he ceases to be on the Contractor's payroll.
17. Changes in wore
No changes in the work covered by the approved Contract
Documents shall be made without having prior written approval of
the Owner. Charges or credits fcr the work covered by the
approved change shall be determined by one or more, or a
combination of the following methods:
(a) Unit bid prices previously approved.
(b) An agreed lump sum.
(c) The actual cost of:
1. Labor, including foremen;
2. Materials entering permanently into the work;
3. The ownership or rental cost of construction plant
and equipment during the time of use of the extra
work;
4. Power and consumable supplies for the operation of
power equipment;
5. Insurance;
6. Social Security and old age and unemployment
contributions.
To the cost under (c) there shall be added a fixed fee to be
agreed upon but not to exceed fifteen percent (15%) of the actual
cost of the work. The fee shall be compensation to cover the cost
of supervision, overhead, bond, profit and any other general
expenses.
18. Extras
Without invalidating the Contract, the Owner may order extra
work or make changes by altering, adding to or deducting from the
work, the Contract sum being adjusted accordingly, and the consent
of the Surety being first obtained where necessary or desirable.
All the work of the kind bid upon shall be paid for at the price
stipulated in the proposal, and no claims for any extra work or
materials shall be allowed unless the work is ordered in writing
by the Owner or its Engineer, acting officially for the Owner, and
the price is stated in such crder.
19. Time for Completion and Liquidated Damages
It is hereby understood and mutually agreed, by and between
the Contractor and the Owner, that the date of beginning and the
time for completion as specified in the contract of the work to be
done hereunder are ESSENTIAL CONDITIONS of this Contract; and it
is further mutually understood and agreed that the work embraced
in this Contract shall be commenced on a date to be specified in
the "Notice to Proceed."
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The Contractor agrees that said work shall be prosecuted
regularly, diligently, and uninterruptedly at such rate of
progress as will insure full completion thereof within the tine
' specified. It is expressly understood and agreed, by and between
the Contractor and the Owner, that the time for the completion of
the work described herein is a reasonable time of the completion
of the same, taking into consideration the average climatic range
and usual industrial conditions prevailing in this locality.
if the said Contractor shall neglect, fail or refuse to
complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does
hereby agree, as a part consideration for the awarding of this
Contract, to pay to the Owner the amount specified in the
Contract, not as a penalty but as liquidated damages for such
breach of Contract as hereinafter set forth, for each and every
calendar day that the Contractor shall be in default after the
time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages
the Owner would in such event sustain, and said amount is agreed
to be the amount of damages which the Owner would sustain and said
amount shall be retained from time to time by the Owner from
current periodical estimates.
It is further agreed that time is of the essence of each and
every portion of this Contract and of the Specifications wherein a
definite and certain length of time is fixed for the performance
1 of any act whatsoever; and where under the Contract an additional
time is allowed for the completion of any work, the new time limit
fixed by such extension shall be of the essence of this Contract.
' Provided, that the Contractor shall not be charged with liquidated
damages or any excess cost when the Owner determines that the
Contractor is without fault and the Contractor's reasons for the
tine extension are acceptable to the Owner; Provided further, that
the Contractor shall not be charged with liquidated damages or any
excess cost when the delay in completion of the work is due:
' (a) To any preference, priority or allocation order duly
issued by the Government;
' (b) To unforeseeable cause beyond the control and without the
fault or negligence of the Contractor, including, but not
restricted to, acts of God, or of the public enemy, acts
of the Owner, acts of another Contractor in the
' performance of a Contract with the Owner, fires, floods,
epidemics, quarantine restrictions, strikes, freight
embargoes, and severe weather; and
' (c) To any delays of Subcontractors or suppliers occasioned
by any of the causes specified in subsections (a) and (b)
of this article:
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' Provided further, that the Ccntractor shall, within ten (0)
days from the beginning of sacn delay, unless the Owner shall
grant a further period of time prior to the date of final
' settlement of the Contract, notify the Owner, in writing, of the
causes of the delay, who shall ascertain the facts and extent of
the delay and notify the Ccntractor within a reasonable tine of
' its decision ;n the matter.
2C. Correction of work
All work, all materials, whether incorporated in the work or
not, all processes of manufacture, and all methods of construction
shall be at a!: times and places subject to the inspection of the
• Engineer who shall be the final judge of the quality and
suitability of the work, materials, processes of manufacture, and
methods of construction for the purposes for which they are used.
' Should they fail to meet his approval they shall be forthwith
reconstructed, made good, replaced and/or corrected, as the case
may be, by the Contractor at his own expense. Rejected material
shall immediately be removed from the site. If, in the opinion of
the Engineer, it is undesirable to replace any defective or
damaged materials or to reconstruct or correct any portion of the
work injured or not performed in accordance with the Contract
' Documents, the compensation to be paid to the Contractor hereunder
shall be reduced by such amount as in the judgment of the Engineer
shall be equitable.
21. Subsurface Conditions Found Different
Should the Contractor encounter subsurface and/or latent
' conditions at the site materially differing from those shown on
the Plans or indicated in the Specifications, he shall immediately
give notice to the Engineer of such conditions before they are
disturbed. The Engineer will thereupon promptly investigate the
conditions, and if he finds that they materially differ from those
shown on the Plans or indicated in the Specifications, he will at
once make such changes in the Plans and/or Specifications as he
may find necessary, any increase or decrease of cost resulting
from such changes to be adjusted in the manner provided in
Paragraph 17 of the General Conditions.
' 22. Claims for Extra Cost
' No claim for extra work or cost shall be allowed unless the
same was done in pursuance of a written order of the Engineer
approved by the Owner, as aforesaid, and the claim presented with
the first estimate after the changed or extra work is done. When
' work is performed under the terms of subparagraph 17(c) of the
General Conditions, the Contractor shall furnish satisfactory
bills, payrolls and vouchers covering all items of cost and when
' requested by the Owner, give the Owner access to accounts relating
thereto.
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23. Right of the Owner to Teririnate Contract
In the event that any of the provisions of this Contract are
violated by the Contractor, or by any of his Subcontractors, the
Owner may serve written notice upon the Contractor and the Surety
of its intention to terminate the Contract, such notices to
contain the reasons for such intention to terminate the Contract,
and unless within ten (10) days after the service of such notice
upon the Contractor, such violation or delay shall cease and
satisfactory arrangement of correction be made, the Contract
shall, upon the expiration of said ten (10) days cease and
terminate. In the event of any such termination, the Owner shall
immediately serve notice thereof upon the Surety and the
Contractor and the Surety shall have the right to take over and
perform the Contract; Provided, however, that if the Surety does
not commence performance thereof within ten (10) days from the
date of the mailing to such Surety of notice of termination, the
Owner may take over the work and prosecute the same to completion
by Contract or by force account for the account and at the expense
of the Contractor and the Contractor and his Surety shall be
liable to the Owner for any excess cost occasioned the Owner
thereby, and in such event the Owner may take possession of and
utilize in. completing the work, such materials, appliances, and
plant as may be on the site of the work and necessary therefor.
24. Construction Schedule and Periodic Estimates
Immediately after execution and delivery of the Contract, and
before the first partial payment is made, the Contractor shall
deliver to the Owner an estimated construction progress schedule
in form satisfactory to the Owner, showing the proposed dates of
commencement and completion of each of the various subdivisions of
work required under the Contract Documents and the anticipated
amount of each monthly payment that will become due the Contractor
in accordance with the progress schedule.
25. Payments to Contractor
(a) Not later than the 10th day of each calendar month the
Owner shall make a progress payment to the Contractor on
the basis of a duly certified and approved estimate of
the work performed during the preceding calendar month
under this Contract, but to insure the proper performance
of this Contract: Provided, that the Contractor shall
submit his estimate not later than the first day of the
month.
(b) In preparing estimates the material delivered on the site
and preparatory work done may be taken into consideration.
(c) All material and work covered by partial payments made
shall thereupon become the sole property of the Owner,
but this provision shall not be construed as relieving
the Contractor from the sole responsibility for the care
and protection of materials and work upon which payments
have been made or the restoration of any damaged work, or
as a waiver of the right of the Owner to require the
fulfillment of all of the terms of the Contract.
(d) Cwner's Right to Withhold Certain Amounts and Make
Application Thereof: The Contractor agrees that he will
indemnify and save the Owner harmless from all claims
growing out of the lawful demands of Subcontractor,
laborers, workmen, mechanics, materialmen, and furnishers
of machinery and parts thereof, equipment, power tools,
and all supplies, including commissary, incurred in the
furtherance of the performance of this Contract. The
Contractor shall, at the Owner's request, furnish
satisfactory evidence that all obligations of the nature
hereinabove designated have been paid, discharged, or
waived. If the Contractor fails so to do, then the Owner
may, after having served written notice on the said
Contractor, either pay unpaid bills, of which the Owner
has written notice, direct, or withhold from the
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 this Contract, but in no event shall the
provisions of this sentence be construed to impose any
obligations upon the Owner to either the Contractor or
his Surety. In paying any unpaid bills of the
Contractor, the Owner shall be deemed the agent of the
Contractor, and any payment so made by the Cwner shall be
considered as a payment made under the Contract by the
Owner to the Contractor and the Owner shall not be liable
to the Contractor for any such payments made in good
faith.
26. Acceptance of Project and Final Payment
Upon acceptance of the project by the Owner and the Engineer,
final payment shall be made to the Contractor. The final payment
shall include all money retained, if any. The issuing of the
final payment by the Owner, and the acceptance of the final
payment by the Contractor, shall not, however, operate to release
the Contractor or his Sureties from any obligations under this
Contract or the Performance and Payment Bond.
27. Payments by Contractor
The Contractor shall pay (a) for all transportation and
utility services no later than the 20th day of the calendar month
following that in which services are rendered, (b) for all
materials, tools, and other expendable equipment to the extent of
ninety percent (90%) of the cost thereof, no later than the 20th
day of the calendar month following that in which such materials,
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tools, and equipment are delivered at the site of the project and
the balance of the cost thereof, no later than the 3Cth day
following the completion of that part of the work in or or. which
t• such materials, tools, and equipment are incorporated or used, and
work in or on which such materials, tools, and equipment are
incorporated or used, and (c) to each of his Subcontractors, no
' later than the 5th day following each payment to the Contractor on
account of the work perforired by his Subcontractors to the extent
cf each Subcontractor's interest therein.
28. Insurance
The Contractor shall not commence work under this Contract
until he has obtained all the insurance required under this
paragraph and such insurance has been apprcved by the owner, nor
shall the Contractor allow any Subcontractor to commence work on
his subcontract until the insurance required for the Subcontractor
has been so obtained and approved.
(a) Compensation :nsurance: The Contractor shall procure and
shall maintain during the life of this Contract Workmen's
Compensation insurance as required by applicable State or
territorial law for all of his employees to be engaged in
work at the site of the project under this Contract and,
in case of any such work sublet, the Contractor shall
require the Subcontractor similarly to provide Workmen's
Compensation Insurance. In case any class of employees
engaged in hazardous work on the project under this
Contract is not protected under the Workmen's
Compensation Statute, the Contractor shall provide and
shall cause each Subcontractor to provide adequate
employer's liability insurance for the protection of such
of his employees as are not otherwise protected.
(b) Contractor's Public Liability and Property Damage
Insurance and Vehicle Liability Insurance: The
Contractor shall procure and shall maintain during the
life of this Contract Contractor's Public Liability
Insurance, Contractor's Property Damage Insurance and
Vehicle Liability Insurance in the amounts specified in
the Detailed Specifications.
(c) Subcontractor's Public Liability and Property Damage
Insurance and Vehicle Liability Insurance: The
Contractor shall either (1) require each of his
Subcontractors to procure and to maintain during the life
of his subcontract, Subcontractor's Public Liability and
Property Damage Insurance and Vehicle Liability Insurance
of the type and in the amount specified, (2) insure the
activities of his policy, specified in subparagraph (b)
hereof.
(d) Scope of Insurance and Special Hazards: The insurance
required under subparagraphs (b) and (c) hereof shall
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provide adequate protection for the Contractor and his
Subcontractors, respectively, against damage claims which
may arise from operations under this Contract, whether
' such operations be by the insured or by anyone directly
or indirectly employed by him and, also against any of
the special hazards which may be encountered in the
performance of this Contract.
(e) Proof of Carriage of Insurance: The Contractor shall
furnish the Owner with certificates showing the type,
' amount, class of operations covered, effective dates and
date of expiration of policies. Such certificates shall
also contain substantially the following statement: "The
' insurance covered by this certificate will not be
cancelled or materially altered, except after (10-) days
written notice has been received by the Owner."
29. Contract Security
The Contractor shall furnish a Performance Bond in an amount
1 at least equal to one hundred percent (130%) of the Contract
prices as security for the faithful performance of this Contract
and also a Payment Bond in an amount not less than one hundred
percent (100%) of the Contract price or in a penal sum not less
than that prescribed by State, territorial or local law, as
security for the payment of all persons performing labor on the
' project under this Contract and furnishing materials in connection
with this Contract. The Performance Bond and the Payment Bond may
be in one or in separate instruments in accordance with local
laws.
30. Additional or Substitute Bond
' If at any time the Cwner for justifiable cause shall be or
become dissatisfied with any Surety or Sureties, then upon the
Performance or Payment Bonds, the Contractor shall within five (5)
days after notice from the Owner so to do, substitute an
acceptable bond (or bonds) in such form and sum and signed by such
other Surety or Sureties as may be satisfactory to the Owner. The
' premiums on such bond shall be paid by the Contractor. No further
payments shall be deemed due nor shall be made until the new
Surety or Sureties shall have furnished such an acceptable bond to
the Owner.
31. Assignments
The Contractor shall not assign the whole or any part of this
Contract or any moneys due or to become due hereunder without
written consent of the Owner. In case the Contractor assigns all
' or any part of any moneys due or to become due under this
Contract, the instrument of assignment shall contain a clause
substantially to the effect that it is agreed that the right of
the assignee in and to any moneys due or to become due to the
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Contract shall be subject to prior claims of all persons, firms
and corporations of services rendered or materials supplied for
the performance of the work called for in this Contract.
32. Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor,
any other Contractor or any Subcontractor shall suffer loss or
damage on the work, the Contractor agrees to settle with such
' other Contractor or Subcontractor by agreement or arbitration if
such other Contractor or Subcontractor will so settle. If such
other Contractor or Subcontractors shall assert any claim against
the Owner on account of any damage alleged to have been sustained,
t the Owner shall notify the Contractor, who shall indemnify and
save harmless the Owner against any such claim.
' 33. Separate Contract
The Contractor shall coordinate his operations with those of
other Contractors. Cooperation will be required in the
arrangement for the storage of materials and in the detailed
• execution of the work. The Contractor, including his
Subcontractors, shall keep informed of the progress and the detail
' work of other Contractors and shall notify the Engineer
immediately of lack of progress or defective workmanship on the
part of other Contractors. Failure of a Contractor to keep
informed of the work progressing on the site and failure to give
notice of lack of progress or defective workmanship by others
shall be construed as acceptance by him of the status of the work
as being satisfactory for proper coordination with his own work.
' 34. Subcontracting
' (a) The Contractor may utilize the services of specialty
Subcontractors on those parts of the work which, under
normal contracting practices, are performed by specialty
' Subcontractors.
(b) The Contractor shall not award any work to any Sub-
contractor without prior written approval of the Owner,
' which approval will not be given until the Contractor
submits to the Owner a written statement concerning the
proposed award to the Subcontractor, which statement
shall contain such information as the Owner may require.
(c) The Contractor shall be as fully responsible to the Owner
for the acts and omissions of his Subcontractors, and of
persons either directly or indirectly employed by them,
• as he is for the acts and omissions of persons directly
employed by him.
' (d) The Contractor shall cause appropriate provisions to be
inserted in all subcontracts relative to the work to bind
Subcontractors to the Contractor by the terms of the
I
General Conditions and other Contract Documents insofar
as applicable to the work of Subcontractors and to give
the Contractor the same power as regards terminating any
' subcontract that the Cwner may exercise over the
Contractor under any provision of the Contract Documents.
' (e) Nothing contained 1n this Contract shall create any
contractual relation between any Subcontractor and the
Owner.
35. Engineer's Authority
The Engineer shall give all orders and directions
contemplated under this Contract and Specifications, relative to
• the execution of the work. The Engineer shall determine the
amount, quality, acceptability, and fitness of the several kinds
' of work and materials which are to be paid for under this Contract
and shall decide all questions which may arise in relation to said
work and the construction thereof. The Engineer's estimates and
decisions shall be final and conclusive, except as herein
otherwise expressly provided. In case any questions shall arise
between the parties hereto relative to said Contract or
Specifications, the determination or decision of the Engineer
shall be a condition precedent tc the right of the Contractor to
receive any money or payment for work under this Contract affected
in any manner or to any extent by such question.
The Engineer shall decide the meaning and intent of any
portion of the Specifications and of any Plans or drawings where
the same may be found obscure or be in dispute. Any differences
or conflicts in regard to their work which may arise between the
• Contractor under this Contract and other Contractors performing
work for the Owner shall be adjusted and determined by the
Engineer.
36. Use of Premises and Removal of Debris
The Contractor expressly undertakes at his own expense:
(a) to take every precaution against injuries to persons or
damage to property;
(b) to store his apparatus, materials, supplies and equipment
in such orderly fashion at the site of the work as will
not unduly interfere with the progress of his work or the
work of any other Contractors;
' (c) to place upon the work or any part thereof only such
loads as are consistent with the safety of that portion
of the work;
(d) to clean up frequently all refuse, rubbish, scrap
materials, and debris caused by his operations, to the
end that at ail times the site of the work shall present
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' a neat, orderly and workmanlike appearance;
(e) before final payment to remove all surplus material,
' false -work, temporary structures, including foundations
thereof, plant of any description and debris of every
nature resulting from his operations, and to put the site
' in a neat, orderly condition.
(f) to effect all cutting, fitting or patching of his work
' required to make the same to conform to the Plans and
Specifications and, except with the consent of the
Engineer, not to cut or otherwise alter the work of any
other Contractor.
' 37. Quantities of Estimate
Wherever the estimated quantities of work to be done and
materials to be furnished under this Contract are shown in any of
the Documents including the Proposal, they are given for use in
' comparing bids and the right is especially reserved except as
herein otherwise specifically limited, to increase or diminish
them as may be deemed reasonably necessary or desirable by the
Owner to complete the work contemplated by this Contract, and such
'• increase or diminution shall in no way violate this Contract, nor
shall any such increase or diminution give cause for claims or
liability for damages.
38. Lands and Rights -of -Way
Prior to the state of construction, the Owner shall obtain
all lands and rights -of -way necessary for the carrying out and
completion of work to be performed under this Contract.
' 39. General Guaranty
Neither the final certificate of payment nor any provision in
' the Contract Documents, nor partial or entire occupancy of the
premises by the Owner, shall constitute an acceptance of work not
done in accordance with the Contract Documents or relieve the
Contractor of liability in respect to any express warranties or
' responsibility for faulty materials or workmanship. The
Contractor shall remedy any defects in the work and pay for any
damage to other work resulting therefrom, which shall appear
• within a period of one year from the date of final acceptance of
the work unless a longer period is specified. The Owner will give
notice of observed defects with reasonable promptness.
' 4C. Conflicting Conditions
Any provisions in any of the Contract Documents which nay be
' in conflict or inconsistent with any of the paragraphs in these
General Conditions shall be void to the extent of such conflict or
inconsistency.
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41. Notice and Service Thereof
Any notice to any Contractor from the Cwner relative to any
part of this Contract shall be in writing and considered delivered
and the service thereof completed, when said notice is posted, by
certified or registered mail, to the said Contractor at his last
given address, or delivered in person to the said Contractor or
his authorized representative on the work.
42. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to
be inserted in this Contract shall be deemed to be inserted herein
and the Contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such
provision is not inserted, or is not correctly inserted, then upon
the application of either party the Contract shall forthwith be
physically amended to make such insertion or correction.
43. Other Prohibited Interests
No official of the Owner who is authorized in such capacity
and on behalf of the Owner to negotiate, make, accept or approve,
or to take part in negotiating, making, accepting, or approving
any engineering, inspection, construction or material supply
contract or any subcontract in connection with the construction of
the project, shall become directly or indirectly interested
personally in this Contract or in any part hereof. No officer,
employee, attorney, engineer or inspector of or for the Owner who
is authorized in such capacity and on behalf of the Owner to
exercise any legislative, executive, supervisory or other similar
functions in connection with the construction of the project,
shall become directly or indirectly interested personally in this
Contract or in any part thereof, any material supply contract,
subcontract, insurance contract, or any other contract pertaining
to the project.
44. Suspension of Work
Should the Owner be prevented or enjoined from proceeding
with work either before or after the start of construction by
reason of any litigation or other reason beyond the control of the
Owner, the Contractor shall not be entitled to make or assert
claim for damage by reason of said delay; but time for completion
of the work will be extended to such reasonable time as the Owner
may determine will compensate for time lost by such delay with
such determination to be set forth in writing.
45. Figured Dimensions
Figured dimensions, when given in the Plans, shall be
accurately followed, even though they differ from scaled
measurements. No work shown on the Plans, the dimensions of which
are not figured, shall be executed until instructions have been
obtained from the Engineers as to the dimensions to be used.
Large scale and full size drawings shall be followed in preference
to small scale drawings.
46. Diverting and Blocking Traffic
The Contractor may close city streets to traffic as may be
necessary fox the expeditious handling of the work, but only where
traffic may be conveniently routed over other open streets and
public ways; provided, however, that no street or public way shall
be closed to traffic for a longer period of time that is necessary
for the construction of the work involved and then only upon the
approval of the Engineer and the City. Proper signs shall be
erected to facilitate the flow of traffic over the detour route.
When excavation work is carried on in the state highway
right-of-way, the Contractor shall make provision for handling and
re-routing traffic as required by the State Highway Department.
47. Danger Signals and Safety Devices
The Contractor shall take all necessary precautions to guard
against damages to property and injury to persons. He shall put
up and maintain in. good condition sufficient red or warning lights
at night, suitable barricades and other devices necessary to
protect the public. In case the Contractor fails or neglects to
take such precautions, the Owner may have such lights and
barricades installed and charge the cost of this work to the
Contractor. Such action by the Owner does not relieve the
Contractor of any liability incurred under these Specifications or
Contract.
48. Privileges of Contractors in Streets
The Contractor will be entitled to use such streets, alleys,
roadways, or parts of the streets and alleys as are necessary for
the prosecution of the work. The use of such public thoroughfares
shall be at the direction of the Engineer and in accordance with
provisions as expressed by him.
The Contractor shall maintain at least one lane of open
traffic at all times. Adequate signing and flagmen shall be
provided to safely maintain flow of traffic during construction.
49. Waterways
Present natural and artificial waterways shall be left open
to flow freely. Temporary dams or by-passes may be provided when
found necessary or ordered by the Engineer.
50. Location of Facilities
The locations of any proposed pipe lines, valves, curb
inlets, crossings, etc., as shown on the drawings are for general
information only unless otherwise marked on the drawing. The
exact location of each shall be designated by the Engineer at the
time work is started, after giving due consideration to the local
conditions. The Engineer shall set stakes accordingly, and the
Contractor shall install the work at the designated locations.
51. work Done Without Lines or Grade
Any work done without fines, grades or levels being given by
the Engineer, or done without the supervision of any inspector or
other representative of the Engineer, may be ordered removed and
replaced at the Contractor's cost and expense.
52. Preservation of Monuments and Stakes
The Contractor shall carefully preserve all monuments,
benchmarks, and reference points, and in case of willful or
careless destruction of the same, he will be charged with the
resulting expense of replacement, and shall be responsible for any
mistakes or loss of time that may be caused by their unnecessary
loss or disturbance.
The Engineer will set the construction stakes one time only.
All construction stakes destroyed shall be replaced by the
Contractor at his expense.
The Engineer will require 2 working days notice prior to
setting the construction stakes.
53. Sanitary Conveniences
Sanitary conveniences, consistent with good health standards
and decency shall be provided for the workmen. Such conveniences
shall be approved by the local officials responsible for such
standards. Such conveniences shall be maintained in good order
and waste disposed of regularly and to the satisfaction of said
official.
54. Sunday, Holiday and Night Work
No work shall be done between the hours of 6:00 P.M. and 7:00
A.M., nor on Sundays or legal holidays, except work as may be
necessary for the proper care and protection of work already
performed, or in case of any emergency, and in any case only with
the written permission of the Engineer.
It is understood, however, that night work may be established
as a regular procedure by the Contractor if he first obtains the
written permission of the Engineer, and that such permission may
be revoked at any time by the Engineer if the Contractor fails to
maintain at night an adequate force and equipment for reasonable
prosecution and supervision of the work.
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DETAIL SFECIFiCATIONS FOR SEWER LINE
REHABILITATION AND RECONSTRUCTION FOR
'Hall Ave., Olive Ave., South College Ave., and Church Street
1. SCOPE OF WORK. The work to be done under this Contract,
' as shown on the Plans and as provided for in these Spec-
i`_ications, shall include the furnishing of all neces-
sary materials, tools, equipment and supp='es and per-
' forming all the necessary labor for a complete installa-
tion of a new sewer main or rehabilitation of an exist-
ing sewer main for the following areas:
Hall Avenue: The existing 6" VCP sewer main within the
• street requires replacement. The Contractor shall ei-
ther replace the existing 6" sewer line with a new 8"
PVC line in the same location, or construct a new 8" PVC
sewer line parallel and adjacent to the existing line.
The existing sewer line is presently in service and the
flow from manhole to manhole must be maintained during
construction (either by pumping or by use of the exist-
ing 6" ine). All existing manholes are to be maintain-
ed. The construction of new manholes are not required
on this street. The Contractor shall reconnect all
servicelines which are presently connected to the 6'•
sewer main.
Olive Avenue: An existing private 4" sewer main is to
be replaced with a new 8" PVC main. The Contractor
shall connect to the existing manhole at Sutton Street
and extend the main as shown to the south and then east.
The existing flow in the 4" sewer main shall. be main-
tained untfl the new main has been completed. The new
sewer main crosses a 2", 30" and 16" water main which
are located in Olive Avenue. Caution shall: be used in
these areas.
The Contractor shall reconnect the existing service
lines to the manhole at the end of the new sewer main as
shown on the Plan.
South College Avenue: There is a private 4" sewer line
located on the east side of the street behind the curb
which is to be replaced. The Contractor shall construct
a new 8" PVC sewer main within the street pavement area
of South College and extend all existing sewer services
and reconnect to the new sewer main.
The existing services at the end of the existing 4"
main and at the mid -point shall be located by the Con-
tractor and the flow line elevations verified prior to
constructing the new sewer main. The Engineer shall
make elevation adjustments in the new sewer main if nec-
essary due to a service line grade conflict.
1
' The sewer flow sha:' be maintained within the
existing 4" sewer line until the new train has been
constructed and all services reconnected.
Church Street: The three houses shown on the Plan have
' sewer service lines which extend to an old private sewer
line behind the houses. The Contractor shall instal
new service taps or. an existing 6" VCP sewer line which
is located within Church Street in front of the houses.
The Contractor shall then extend new service lines from
the taps to each of the three houses and reconnect to
the existing service line near the house. Cleanouts
• shall be installed on the lines as shown on the Plan.
• The Contractor shall plug off the old service lines with
concrete near the point of reconnection.
2. EASEMENTS. All work on this project which is not within
public rights -of -way will be on private property within
permanent and temporary construction easements as indi-
cated on the Plans. The Contractor shall respect the
privacy and property of the individual landowners at all
times. All work and movement to and from the construc-
tion areas shall be within the limits of the easements
and public roadways. Any activity by the Contractor,
his personnel or equipment outside these easements will
be at the Contractor's risk and is strictly forbidden
except by written permission of the property owner.
Permanent Easements: The 15' wide permanent easement
shown on the east side of Olive Avenue is very wooded.
The Contractor may remove any trees within this easement
in order to carry out the construction of the new 8"
sewer main with the exception of those trees 8" or
greater. The Contractor shall attempt to work around
any tree greater than 8" which is within 5' of the sewer
line.
Temporary Construction Easements: Temporary construc-
tion easements will be acquired by the City to provide
access and :maneuvering of personnel and equipment, and
to allow the Contractor to enter private property to
construct new service lanes. The Contractor shall pro-
tect all trees, shrubs, flowers, buildings and other
items cf private ownership located within the temporary
construction easements. The Contractor shall, be com-
pletely responsible for any damage to private property
within the temporary construction easements.
3. SEWER MAINS. Gravity sewer pipe for this project shall
be 8" diameter SDR 26 PVC pipe conforming to the Stan-
dard Specifications. Bedding and backfill requirements
for PVC pipe shall be strictly adhered to. Bedding and
back_`il: shall be included in the unit price bid for the
proposed new mains, with the exception of the backfi:1
in street areas with SB-2 which is a separate pay item.
4. SEWER SERVICE LINES. Sewer service :Ines shall be 4"
diameter schedule 40 PVC. When reconnect'ng existing
services to a new sewer main the Contractor shall make
the connection to the existing service line at the
nearest point to the sewer main to avoid excess damage
to the street and private property. If the existing
service line is in poor condition the Contractor shall
replace the portion of line to the edge of the street
right-of-way or as directed by the Engineer in the
field. The payment for service line laid shall be at
the unit price bid per linear foot as measured in the
field. All connections and lay'ng of service lines to
the houses shall be as required by the State Plumbinq
Code.
5. CLEANOUTS. Cleanouts shat; be constructed on those
service lines as shown on the Plans and as required by
the State Plumbing Code. Payment for cleanouts will be
at the unit price bid for "Cleanout".
6. CONCRETE ENCASEMENT. At locations where sewer lines
have inadequate cover, at ditch crossings and where the
line is within 10 feet of water or gas lines, concrete
encasement will be required. Concrete encasement shall
extend longitudinally far enough to provide the protec-
tion intended. Payment shall be made at the unit price
bid per linear foot of encasement actually placed.
7. ROCK EXCAVATION. Rock may be encountered in some loca-
tions on this project. Due to the residential develop-
ment and the presence of existing utilities in some
areas, extreme caution must be exercised if blasting is
performed. Before any blasting is performed, the Con-
tractor shall submit proof of insurance to cover any
liabil'ty that may arise from such activity. Payment
for Rock Excavation will be made =n accordance with the
Standard Specification.
8. STREET CROSSINGS. The Contractor may close streets to
traffic as may be necessary for the expeditious handling
of the work, but only where traffic may be conveniently
routed over other open streets and public ways; provid-
ed, however, that no street or public way shall be
closed without approval of the Engineer and the City of
Fayetteville. Proper signs shall be erected to facili-
tate the flow of traffic over the detour route. Al]
street crossings shall be completely backfilled with SB-
2 base material. Paved streets shat: be cut and repair-
ed as shown on the Plans. Payment for street crossings
shall be made at the per each price bid for "Paved
Street Crossings". The price bid shall include signing,
cutting, repair and all other work required to safely
and property lay the sewer line across the street.
Payment for SB-2 backfill will be a separate pay item.
9. DRIVEWAY CROSSINGS. The Contractor shall coord`nate his
work with the ind'.vidual property owners when cross:nq
private drives. No driveway cut shall remain open over-
night without specific permission of the property owner.
All driveways shall be completely backfilled with SR -2
base material. Paved drives shall be cut and repaired
as shown or. the Plans. Payment for paved driveway
crossings shall be made at the per each price bid for
"Paved Driveway Crossings". The price bid shall include
the cutting, repair and all other work required to safe-
ly and properly _ay the sewer line across the driveway.
Payment for SB-2 backfill wall be a separate pay item.
Payment for "Gravel Driveway Crossing" shall include the
work and repair involved to properly lay the sewer ser-
vice across the gravel driveway. Payment for the actual
4" depth of SB-2 grave' replacement shall be included in
the price for "Gravel Driveway Crossing".
10. PENCE CROSSINGS. Because much of the sewer line for
this project is in residentially developed areas, there
are possible places where the sewer service lines cross
fences of variable materials. All fences shall be re-
placed such that the condition is as good or better than
that prior to construction. The cost for the work to
remove and replace the fences shall be subsidiary to the
other items of the contract.
11. GRADING AND REPAIR OF LAWNS, GARDENS AND STREETS.
Because much of the proposed construction is across de-
veloped areas, it is imperative that the Contractor
maintain the backfill and grading of sewer trenches and
manholes at all times during construction. After com-
pletion of laying of the pipe, the trench shall be back -
filled as specified and the trench mounded to allow for
settlement. The area each side of the trench shall then
be graded such that the area can be safely mowed. This
condition shall be maintained until trench settlement is
complete. After the line has been tested and approved
and trench settlement is complete the Contractor shall
repair the construction areas to the following condi-
tion:
Lawn areas shall be graded smooth over the lines
and around the manholes. Where the resulting ground
surface has less than a 4" thickness of topsoil the area
shall be regraded and topsoil placed such that all areas
will have a minimum of 4" of topsoil, manholes 'ids are
flush with the ground surface, and no pondinq of water
will occur. The resulting ground surface shall have no
rocks exposed and no clods or lumps larger than 1" max-
imum dimensions shall be exposed. The area shall then
II
be seeded with a grass of the type prevalent in the yard
' and the area maintained until hardy grass growth is es-
tablished. The Contractor shall re -seed and/or fertil-
ize as needed to meet this requirement.
12. SB-2 BACKFILL. All drives and "open cut" streets are to
be hackfilled with SB-2 crushed stone base across the
existing driving areas. This base shall be placed in 8"
'ifts, when required by the Engineer, and compacted to
95% of Standard Proctor Density. Payment fcr this shat:
be at the unit price bid per cubic yard for "SB-2 Back-
fil:", which shall be the full payment for furnishing,
• hand:ina and compacting the backfill. The following
• method of measurement sha:l be made for basis of pay-
ment:
I. The length for payment shat: be the existing driving
area plus 4'.
2. The width for payment sha:' be the actual trench
width excavated, but not to exceed 30".
3. The depth for payment sha:: be the actual depth
backfilled with SB-2 with no paynent for material placed
below the top of the bedding naterial, which is 12"
above the top of the pipe.
13. PROTECT7ON CF EXISTING UTILITIES. The Contractor shall
give reasonable notice to the owners of gas, water,
underground wires or other structures, either public
or private, railroads and other owners of property, when
such property is liable to injury or damage by reasons
of the execution of the work, in order that the owner or
owners of such utility or other property may remove or
protect the same.
If any owner or owners of public utilities liable
to be affected, endangered or damaged by the construc-
tion of the work does not protect its or their property,
then the Contractor must do so. The Contractor sha:'
receive no compensation over the unit and lump sun
prices specified in the bid for the completion of this
contract, which prices shall cover every item of addi-
tional cost for all the material and labor necessary to
support, protect, or remove such tracks, pipes, con-
duits, overhead and underground wires, and structures,
and other improvements, during the construction of said
work across, under, over, along or near the same.
The Contractor shall satisfactorily shore, support.
and protect any and a:: pipes, sewers and other struc-
tures, and shall be responsible for any damage resulting
thereto. The Contractor shall not be entitled to any
damages or extra pay on account of any postponement,
interference, or delay caused by such structures being
Ion the line of the work, whether or not such structures
are shown on the Plans.
At the start cf construction, the Contractor shall
excavate and uncover existing utilities at locations as
directed by the Engineer, or as desired by the Contrac-
tor, at which there appears there might be a conflict of
' grades. Minor grade or alignment changes will be made,
at the discretion of the Engineer, where such changes
will not jeopardize the integrity of the work. Absc-
lutely no changes will be made which do not meet the
requirements of the City of Fayetteville or the Arkansas
State Department of Health and no lines will be located
outside of permanent easements.
• Payment for all work involved with the protection
and/or relocation of existing utilities shall be sub-
' sid4ary to the various other items of the Contract. Any
changes in either grade or alignment which are made in
order to avoid a conflict with existing utilities shall
• be considered to be made for the benefit of the Contrac-
tor and shall not increase the construction cost of this
project.
' 14. TESTING. The Contractor shall provide the equipment and
labor for the testing of the sewer lines as specified in
Section 2-300 of the Standard Specifications. Should
further testing of materials or workmanship be made on
this project, for whatever reason, these tests will be
made by an independent testing laboratory selected by
the Owner. The cost of all passing tests made by and
independent test`.ng laboratory will be paid by the
Owner; the cost for failing tests will be paid by the
' Contractor.
The testing of the sewer line on Hall Avenue is not
required due to the reconnection of live service lines
• during the laying of the pipe. The new sewer line is
• subject however, to being inspected by the City with a
TV camera upon completion of the construction.
The SB-2 base shall be tested by an independent
testing laboratory for all street crossings to insure
that the specified compaction has been achieved prior to
any concrete paving repair. The tests shall be taken at
• those locations along the trench as directed by the
Engineer or the Owner. A minimum of one density test
between each manhole is required.
I
I
STANDARD SPECIFICATIONS
FOR THE CONSTRUCT?ON OF SEWER LINES
' SECTION 2-1CC: MATERIAL
2-101 SEWER PIPE
Gravity sewer p'pe shall he as specified on the proposal and
shall meet the following specifications:
1. Polyv'_nyl Chlorde (PVC) pipe conforming to ASTM D03034
(Type PSM) and shall have a minimum Standard Dimension Ratio (SDR)
of 26 with elastomeric gasket cints. The pipe shall be node of a
1 plastic having a cell classification of 12454-B as defined in ASTM
D1784. All pipe sections shall be straight and true in alignment.
2. Ductile iron pipe shall conform to ASTM Standard
A 746-82 or ANS:/AWWA C151/A 21.51-81 or latest revision. It
shall be lined with a cement mortar lining and sea: coat in
accordance with the latest revision of ANSI/AWWA C]C4/A21.4.
Joints shall conform to ANSI/AWW'A Clil/A21.]1 any may be
mechanical or push -on joint unless otherwise specified. The
minimum thickness class shall be Class 50 unless specified
otherwise.
Payment fcr sewer pipe will be made at the unit price bid per
foot of pipe as installed. This price seal: include all materials
and labor, including trenching, backfi:'_ing, and clean-up,
necessary to complete installation.
2-02 MANHOLES
Manholes for gravity sewer system shall be cast -in -place
'• concrete type with a minimum wall thickness of 6 inches. Concrete
shall be 3,000 PSI compressive strength. Cast iron steps and 'id
and ring shall be provided. In paved areas 300 pound rinq and 'id
shall be provided. Construction shall be in accordance with the
Standard Details.
Payment for manholes will be made at the price bid per
manhole. This price shall include all materials and labor,
• including excavation, backfillinq, rings, lids, and clean-up,
necessary to complete installation.
ISECTION 2-2CC: INSTALLATION
2-201 TRENCH EXCAVATTON
Trench excavation for pipe lines shall be either
"Unclassified Excavation" or "Rock Excavation". Rock excavation
shall comprise rock formations in the original bed, in well
defined ledges, or in detached solid passes of stone more than
one-half cubic yard in volume, which cannot be excavated,
loosened, or removed by any process other than by drilling and
blasting. Unclassified excavation shall be a:: excavation other
than "Rock Excavation".
Unclassified trench excavation wi:' not be a separate pay
item but will be considered as part of the price per foot bid for
pipe. Payment for rock excavation wi': be made at the unit price
per cubic yard in the Proposal for that anount of rock actually
encountered. Fcr pay purposes the trench width shall be inside
pipe diameter plus 16 inches. Measurenent of rock excavation will
be made by the Engineer after conp'etion of excavation but prior
to placing pipe. The Contractor sha:: notify the Engineer when he
has encountered rock so that verification and measurements can be
made.
2-202 BLASTING
The use of explosives shat: be in accordance with the
Associated General Contractors' Manual of Accident Prevention in
Construction and the rations: Fire Protection Association, NFPA
No. 495 --code for the Manufacture, Transportation, Storage and Cse
of Explosives and Blasting Agents and in accordance with the State
and local laws and ordinances.
Blasting wi'l not he a separate pay item but will be
considered as part of the bid price per cubic yard of rock
excavation.
2-203 BEDDING AND STABIL'ZATION
Where unstable conditions or rock formations are found at
pipe grade the trench shall be undercut at least six inches and
filled to proper grade with stable material such as crushed rock,
gravel, or sand. A minimum of 6" bedding material i.s required
regardless of trench conditions where laying PVC. All trenches
shall be graded with depressions for pipe be:ls so that no pipe
will be supported on its bell; pipe support shall be continuous
and uniform along the entire length of the pipe barrel.
Bedd'_ng
and stabilization
wi'l
not be
a separate
item
but
will be considered
as
part of
the
bid
price
per foot
for pipe.
2-204 LAYING SEWER PIPE
Clay sewer pipe shafl be installed in accordance with ASTM
C:2-64. ABS Composite pipe shall he installed in accordance with
ASTM D2321. All sewer pipe shall be laid to a straight and true
grade as shown on the Plans and as staked by the Engineer.
Construction shall begin at the low point and progress uphill n a
continuous and orderly manner. No lateral or mains shall be
constructed before their connecting outfalls have been completed.
Pipe
laying wi_l'
not
be a
separate
pay item
but will be
considered
as part of
the
bid
price per
foot
of
pipe.
2-205 BACKFILL
Pipe shall be backfilled by hand with Loose earth to s'.x
inches above the top of the pipe before using mechanical ecu:pment
to backfil.. All backfi]1 shall be placed so as not to displace
the pipe.
Backfill material shall be free of large rocks or boulders
and organic material, shall be placed in six to 12 inch lifts, and
tamped to the density of the nat've material.
3ackfill will not be a separate pay item but will be
considered as part of the bid price per foot for pipe.
2-206 CLEAN-UP, GRADING, AND SEEDING
After completion of backfill, the area shall he cleaned of
a.. debris, rock, and excessive fill material and then graded and
raked to conform with the surrounding terrain. After cleaning and
grading operations are completed, the disturbed areas shall be
seeded, fertilized, and watered by the Contractor using a seed
mixture approved by the Engineer and/or Owner. The Contractor
shall be responsible fcr the maintenance of the seeded area until
a good stand of grass is established.
Clean-up,
grading, and
seeding
will not he a separate pay
item but wi='_
be considered
as part
of the hid price per foot for
pipe.
2-207 ROAD AND RAILROAD CROSSING
Where allowed, open cut crossings may be used. Open cut
crossing shall be made :n accordance with the Standard Details.
The entire depth and length of open cut crossings shall be
backfilled with SB-2 placed in six inch lifts and compacted to 95%
Standard Proctor Density.
On railroads, state highways, and selected city streets,
crossings shall be made by boring in accordance with the Standard
Details.
The Contractor will he required
Performance Bond with the City of Fa
crossing.
Road and railroad crossing will
price bid for each crossing and will
per foot bid for the pipe.
SECTION 2-300: TESTING
2-301 TEST AND ACCEPTANCE
to place a S250.00
yetteville for each street
be paid for at the lump sum
be in addition to the price
Upon completion of the sewers, tests will be conducted by the
Contractor in the presence o
acceptability of the sewers.
repaired to the satisfaction.
e Engineer to determine
defects in the sewers
the Engineer.
Lamping. Each section of the
manholes is required to be straight and
section will be lamped by the Engineer.
2. Air Test Only. All r.
and before replacing pavement,
tightness test. The equipment
be conducted by the Contractor
a representative cf the City.
Plug all pipe c
plug securely.
sewer line
uniformly
aid p'pe, after backfill
be subject to a water -
he provided and tests shall
e presence of the Engineer and
b. Pipe air supply to pipeline to be tested so that
air supply may he shut off, pressure observed, and a -r
pressure released from the pipe without entering the manhole.
C. Add air slowly to portion of pipe under
gauge reads at least 4 PSIG, but less than 5
Shut air supply valve and allow a
for internal pressure to stabilize.
Determine time
that pressure at
5 PSG.
for pressure to
time of the test
Compare observed time with minimum allowab'.e
accompany.ng chart for pass/fail determination.
g. Where groundwater level
pipe being tested, test pressure
i.ngly.
PROVIS7ONS
Plugs used to close the sewer pipe for the air test must be
securely braced to prevent the unintentional release of a plug
which can become a high velocity projectile. Gauges, a'_r piping
manifolds, and valves shall he located at the top of the ground.
No one shall be perm'.tted to enter a manhole where a plugged pipe
is under pressure. Four pounds (gauge) air pressure develops a
force against the plug in a 12" diameter pipe of approximately 450
pounds. Pipes larger than 24" in diameter sha " not be air tested
because of the diff'.culty of adequately blocking the plugs.
3. Mandrel
Test.
All
PVC
gravity
sewer
pipe
which
constructed
grade,
and
other
lines
as d'rected
at minimum
Engineer, shall be Mandrel tested e.n accordance with these
specifications prior to acceptance. The maximum allowable pipe
deflection shall not exceed five (5) percent of the inside pipe
diameter.
The cutside diameter of the Mandrel shat: be set according to
the following table:
NOM. PIPE DIA. (TN.'
6
8
10
I2
:5
MANDREL O.D. (TN.)
5.62
7.52
9.41
11.19
13.71
The Mandrel shall be provided by and hand -pulled by the
Contractor through the PVC gravity lanes no earlier than 30 days
after the trench has been completely backf_lled. Any sections not
passing this test shall be uncovered and the Contractor shall re -
bed, re -round or replace the sewer to the satisfaction of the
Engineer. Any repaired section sha'! be re -tested.
Exfiltration testinq and Mandrel testing will not be a
separate pay item but will be considered as part of the bid price
per foot of pipe.
After acceptance by the City for maintenance and use, the
Contractor will be liable for a period of one year from the date
of acceptance for any defects that occur due to installation or
material.
I
' TEST CHART FOR A:R TESTING SEWERS
Leakage Testing of Sewers by Low Pressure Air Loss
' 'Tine Pressure Drop Method)
Minimum time in seconds for : PSTG drop (3.5 PSTG to 2.5 PSTGI
' Distance
Between
Manholes Nominal Pipe Diameter
Feet Inches
' 6 8 10 12 15 18 21 24
100 40 70 110 155 245 35C 480 625
' 150 60 105 165 235 365 500 595 680
200 80 :40 220 315 425 510 595 680
250 100 :76 270 340 425 510 595 68C
1 300 120 215 283 340 425 510 595 68C
350 140 226 283 340 425 510 595 68C
400 160 226 283 340 425 510 595 68C
450 170 226 283 34C 425 510 595 680
' 500 340 425 510 595 680
' 550 510 595 680
6C0 595 680
1
NOTE: Due to force resisted by plug restraints, testing of sewers
larger than 24" is not recommended.
1
1