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HomeMy WebLinkAbout74-92 RESOLUTION• b a.. • • • 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. i h 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: i'-r-ff' � By : ATTEST: By: ,lG X �tiJfll City erk Mayor sr CHANGE ORDER I 1 "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. r 1 1 1 1 1 1 1 1 1 1 1 f 1 I 1 1 1 1 s 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 • • • 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 • 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. 1 1 1 -Pp,* 31(0(01 Purchas,ng Manager 1 1 1 1 1 1 1 1 1 1 To Northwest Ark. Tures: Please publish on 3-30-92 & 4-6-92 • 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. r • 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. 1 1 1 1 IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto set their hands and seals, respectively. 14,1)%)I W TNESS 1 1 AnOr agtOm64‘Y WITNESS 1 By: Title: By: Title: 1 1 1 1 1 1 1 1 1 1 )57,05 rsa7— City of Fayetteville OWNFiR fir `� Zf ar :J 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) 1 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) I 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) • 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 • Abstrote (SEAL - if bid is by a corporation) SEoesal /Dollars �.... q _ ...i ��.p, . _ 8 v m v •%). >+ .. _._ M _ 1.414. 1 ._ 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. . A , 11 1:.. 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 • CcnI-ad 158 (A-Mansas1 (11-89) Principal i'resident UNITED STATES FIDELITY AND QUARANTY COMPANY ✓. ▪ (( Surety Hobert M. Bay' a Attorney-in-fact . i • 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. 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'ra gSafryl 'AKVdNOO A1\VHV:10 OAY A1113(113 S11V.LF 031TA1 0!11 f/1 put 1AaluonW Jo »A°d •!p ;o urd 1 John pm Dfsaoal orwaq 11 quoin }u (don oayilaaa ■ 'AICV'dpiOO AIKV11VO9 0\V 11113013 S31Y1S 0311101 P!1* all 30 saapaalQ 30 pJt09 211110 ua.7nIo/aa D91 u! quOJ lar d0i11 pun rin };r pail 1.111 Dao}cad pule op Aiauluadnat of pal Ypuoq 1!T pun Aut atpapioo11ar pun 1n' 'anuna co pot 1/4,1 Aiwas n awn '1! alta oil :UA o; '1alodmd Iumsor of aqi Jai 1u ainS' ants 2111 Xi; pm a! Aatsolir Fyn: pur Dual n' arnanarai Jo AID ail 10 SFARl •k 3-tagte 1i!0.3.3? pan ainllnan, nalaq raop tue•Are1V lc anic all u! .aamnRB Jo Ali? all n oast° rtdpmad 1:1 Itis/ put 'panAarli ;a ainS nil 10 •011 aql aallva 1‘‘ 0141110 Pur paaiaat.10 00IWJO4JO, 1 '.IJ:YdsVU.7.) AIS V'NV10 (INF Alf13Uld S31Y1S 031110 1191 : yauud nap a4 rax' IP story LTLOOT •oH flMUOda1l11 30 E13MOd 1YUU3N3O Adan aa1nniaa 1 MM.. CERTIFICATE OF INSURANCE PRODUCER 1 1 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 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1, 1 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 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. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (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. 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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." I The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the 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: I ' 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. S 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, I 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 I provide adequate protection for the Contractor and his Subcontractors, respectively, against damage claims which may arise from operations under this Contract, whether ' such operations be by the insured or by anyone directly or indirectly employed by him and, also against any of the special hazards which may be encountered in the performance of this Contract. (e) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates showing the type, ' amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall 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 I I Contract shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 32. Mutual Responsibility of Contractors If, through acts of neglect on the part of the Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such ' other Contractor or Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so settle. If such other Contractor or Subcontractors shall assert any claim against the Owner on account of any damage alleged to have been sustained, 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 U I ' a neat, orderly and workmanlike appearance; (e) before final payment to remove all surplus material, ' false -work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site ' in a neat, orderly condition. (f) to effect all cutting, fitting or patching of his work ' required to make the same to conform to the Plans and Specifications and, except with the consent of the Engineer, not to cut or otherwise alter the work of any other Contractor. ' 37. Quantities of Estimate Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the Documents including the Proposal, they are given for use in ' comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this Contract, and such '• increase or diminution shall in no way violate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 38. Lands and Rights -of -Way Prior to the state of construction, the Owner shall obtain all lands and rights -of -way necessary for the carrying out and completion of work to be performed under this Contract. ' 39. General Guaranty Neither the final certificate of payment nor any provision in ' the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or ' responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear • within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness. ' 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. I 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. Ii 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