HomeMy WebLinkAbout91-94 RESOLUTION•
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RESOLUTION NO. 91-94
A RESOLI.BON AWARDING BID NO. 94-238 IN THE
AMOUNT 01: $218,381.10 TO JERRY D. SWEETSER, PLUS
A CONTINGENCY AMOUNT OF $10,919.00 FOR THE
CEDARWOOD DRAINAGE IMPROVEMENT PROJECT; AND
APPROVAL OF BUDGET ADJUSTMENT IN THE AMOUNT
OF $229,301.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The City Council hereby authorizes the Mayor and City Clerk to execute
a construction contract with Jerry D. Sweetser in the amount of $218,381.10 plus 5%
contingency amount of $10,919.00 for the Cedarwood Drainage Improvements Project. A copy
of the contract is attached hereto marked Exhibit "A" and made a part hereof.
Section 2. The City Council hereby approves a budget adjustment increasing Bridge
& Drainage Improvements, Account No. 4470 9470 5817 00 in the amount of $229,301.00 and
Transfer to Sales Tax Construction Fund, Account No. 1010 6600 7602 47 by decreasing Use
of Fund Balance, Account No. 4470 0947 4999 99, in the amount of $64,301.00; Transfer from
General Fund, Account No. 4470 0947 6602 01, in the amount of $165,000.00; Use of Fund
Balance, Account No. 1010 0001 4999 99, in the amount of $165,000.00. A copy of the budget
adjustment is attached hereto and made a part hereof.
PASSED AND APPROVED this 16th day of August . 1994.
ATTEST:
By:
J'Loa: 7- J
Traci Paul, City Clerk
APPROVED:
By: ' G.'
i
Fred Hanna, Mayor
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DEPARTMENT OF PUBL;.I'C WORKS
CITY OF 'FAYEITEVILLE
FAYETTE`IL.LE, ARKANSAS
SPECIFICATION & CONTRACT DOCUMENTS
FOR
DRAINAGE IMPROVEMENT
CEDARWOOD SUB.D.IVIS.ION
FEBRUARY 1992
Prepared by:
ETC Engineers and Scientist3
1510 South Broadway
Little Rock, Arkansas 72202
and
City of Favetteville
Enaiaeeti:na Division
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City of Fayetteville
Advertisement for Bid # 94-23
Notice is hereby given that the City of Fayetteville, hereinafter
called the owner, will receive sealed bids at the Purchasing
Office, City Administration Building room 306, 113 W. Mountain St.,
Fayetteville, Arkansas 72701, until 10:30 a.m., local time, on the
27th day of July. 1994, for the furnishing of all tools, equipment,
labor, and materials, and performing the necessary work to be done
to complete the construction of CEDARWOOD DRAINAGE IMPROVEMENTS.
The scope of this project is construction of approximately 1542
1.f. of 30" storm sewer, 2 curb inlets, 10 junction boxes and other
related items. The location of the work is set out in the plans and
specifications on file at the office of the city Engineer,
Fayetteville, Arkansas. Said plans can be inspected or obtained
without any fees, but must be returned by unsuccessful bidders.
Each bid must be accompanied by a surety bond in the amount equal
to five percent (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 to be retained as liquidated damages in case successful
bidder fails, neglects or refuses to enter into the contract for
the construction of said works, and furnish the necessary bonds
within ten (10) days from and after the date the award is made.
The owner reserves the right to reject any or all bids, and to
waive any informalities deemed to be in its best interest.
The attention of all bidders is called to the fact that if this
contract exceeds $20,000 they must be licensed under the terms of
Act 150 of the 1965 Acts of the Arkansas Legislature, as amended.
Pegxg)5s - Purchasing Manager
To: N.W.A. Times
Please publish this ad two times: July 13, 94 & July 20, 94
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UNITED STATES HDEL
KNOW ALL MEN BY THESE PRESENTS:
Jerry J. Sweetser, Inc.
THAT .........
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`GUARANTY COMPANY •'
to SOLI tvntpanyl
BID BOND
BOND NUMBER
oe Fayetteville, Arkansas
, as Principal , and UN'TED STATES ;ICELITY AND
GUARANTY COMPANY, a Maryland corporal on. as Sdrety, are held and 1 rmly bound unto..........
City of Fayetteville Department of Public Works
Five Percent (SZ) of Bid
asCb igee. in the ful and lust sum of ....................................................................................................................................
............................................................................................................................................................................... .. Co tars,
lawfu. ncney o' the Jnitec States. for the paymert of wh ch Sr, well and truly to be made. we bind cdrselves, our heirs, execdtcrs,
adm n strators, sl.ccessors and assigns, Joint y and severally, firmly by these presents.
WHEREAS, the said P•n:ipal s herewith submittng its proposal for furnishing, all labor and materials
for the construction of the Cedarwood Drainage Improvement, Fayetteville,
Arkansas.
THE CONDITION OF THIS OBLIG4TIOh . ^ -hot i' t- acre.ari °rnnpa sha 1 to doirred I e l ah'rart t•c sa Pt r. ipa' ai' nil v' 'he
time required erter into a forma contract and give a good and sd1iaent acnd to secure the perfnirrance of the te-ns and conditicns of
the contract then Ih s cb igat oh to he Kid: otherwise the Pr raga' anc Suety w I pay Jrto the Ob'igee the difference h -grey between
:he amont cf the tid ae he said P- nc aal and 11 a anoint far which the Oh igee legaily cortracts with another party to oerforn tie bo -k
l' the 'site- ancuil be ii extess 01 tie '0 -mer. bd1 r ro inert shvl 'Ability hen Ohre- exceed the petal svn hereof.
July 27, 1994
Signed. sea ed and ce iee-ed ..............................
IDat&
Secretary
eurtrn t 11 :Revi'edl 11-741
Jerry D. Sweetser, inc.
Robert M.
;SEAL]
:SEAL]
UNITED STATES FIDELITY AND GUARANTY COMPANY
Afto•ner-'ndart
Davis
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• 4 • ! a d • N9 299352
UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 106636
KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY. a corporation organized and existing
under the laws of the Slate of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
A.P. Eason, Jr. and Robert M. Davis
of the City of Fayetteville , SWe of Arkansas its Inn and lawful Attorneyls)-in•Facl, each in their separate
capacity if more than one 's named above, to sign its name as surety to. and to execute. sea. and acknowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons. guaranteeing we performance of contracts:
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal.
duly attested by the signatures of its Senior Vice President and Assistant Secretary, This 22nd day of January , A.D. 1993 .
SATE OF MARYLAND)
BALTIMORE CITY )
UNITED STATES FIDELITY AND GUARANTY COMPANY
04. (Signed) By.. yn!f
1 f\
(Signed) By .. (/j74✓
Senior Vice President
Assistant Secretary
On this 22nd day of Jan.Jary .A.D.1993 ,beforemepersomilycame Robert J. Lamendo1a
Senior Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Paul D. Sims , Assistant
Secretary of sand Company. wrtb both of whom 1 am get tally acquainted, who being by me severally duly sworn, mid, that they, the said Robe r t J.
Lamendoia and Paul D. Sims were respectively the Senior Vice President and the Assistant Secretary of
the said UNITED STATES FIDELITY AND GUARANTY COMPANY. the corporation described in and which executed the foregoing Power of Attorney; that they
each knew the seal of said corporation: that the seal affixed to said Power of Attorney was such corporals seal, that it was so affixed by order of the Board of Directors
of said corporation, and that They signed their names thereto by like order as Senior Vice President and Assistant Secretary, respectively. of the Company.
My Commission expires the lith day in�.March A.D. 1995
(Signed`, .. ..
r's NOTARY PUBLIC
♦mar
This Power of Attorney is granted under and by authonty of the following Resolutions adopted by the Board of Directors of the UNTIED STATES
FIDELITY AND GUARANTY COMPANY on September 24. 1992:
RESOLVED that in connection with the fidelity and surety insurance business of the Company. all bonds, undertakings. contracts and other instruments
relaung to said budoess may be signed. executed. and scicriowlged by persons or entities api::eted as Atem_eyf s) -m -Fact ours!art to a Power of Attorney issued rn
accordance with these resolutions. Said Power(,) of Attorney for and on behalf of the Company nay and shall be executed in Ibe name and on behalf of the Company,
either by the Chairman, or the President, or an Executive Vice President. or a Senior Vice President, or a Vice President or an Assistant Vice President jointly with the
Secretary or an Assistant Secretary. under then respective designations. The signature of such officers may be engraved. printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attorney(,) -in -Ful for purposes only of executing and attesting bonds and undertakings and other wntings obligatory in the nature thereof. and unless subsequently
revoked and subject to any limitations set loth therein. any such Power of Attorney or cenrficate beanng such facsimile signature or facsimile sea: shall be valid and
binding upon the Company and any such power so executed and certified by such tacsimnc signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which rt is validly attached
RESOLVED. that Attornry(s).io-Fact shall have the power and authonty unless subsequently revoked and, in any case, subject to the terms and limitations
of the Power of Attorney issued to them to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings.
and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-m-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
L Paul D. Sims . an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY.
do hereby certify that the foregoing is a tn,e excerpt from the Resolution of the said Company as adopted by as Board of Directors on September 24. :992 and that this
Resolution is in hill force and effect.
1, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify That the foregoing Power of
Attorney us in full force and effect and has not been revoked.
In Testimony Whereof, 1 have hereunto set my hand and the seal of ITE STATES FIDELITY AND GUARANTY COMPANY on this day
of .19 .
�amAsb_ ICJ .
FS 3 (10-92)
Assistant Secretary
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Place Cl popergas:�
Date ji,/ 27
PROPOSAL
Proposal of
organized and existing under the laws
. and qualified to do
Arkansas; a Partnership* consisting of
Individual* trading as
FAYETTEVILLE, ARKANSAS:
JERRY D. SWEETSER, INC
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a corporation*
of the State cf
business in the State of
an
, TO THE CITY' OF
The bidder to compliance with your invitation for bids for the construction of
Drainage Improvements, Ceda-wood Subdivision, having examined the Plans and
Specifications with related documents and the site of the proposed work, and being
familiar with all the conditions surrounding the work, including the availability of
materials and labor, hereby proposes to furnish all labor, mate, ials. and supplies
required to be furnished. and at the prices stated below. These prices are to cover
al] expenses incurred in performing the work required under the Contract
Documents, offwhich this proposal is a part.
Bidder hereby agrees to commence work under this contract on a date to be
specified in a written "Work Order" of the Engineer, and to fully complete the
project within 60 consecutive calendar days.
Bidder acknowledges receipt of the following addenda:
* Fill out applicable blank
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BASE BID
UNIT PRICE SCHEDULE
FOR
CEDARWOOD DRAINAGE IMPROVEMENTS
Item Estimated Quantity
No. and Description
Unit
Price
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Extended
1. 1124 L.F. 36" Class III
concrete pipe per specs.
complete in place
Scvtec-1 �i �� avid ck° (� —
Doll$rs 7 G $ 88,683.0 /82d
2. 665 L.F. 30" Class III
concrete pipe per specs.
complete in place
,SGA0,�Lci, �o
/rs
Dollars ��. 30 $ 96, 7q Se
3. 445 L.F. removal and
disposal of existing
concrete ditch paving
Weetti Ck✓l.2
Dollars 60
o2Oiir—
r�-
$9(2:6.c _
4. 2 each construct new
junction box
(5'x 8')
I -2.Q Ylo4cU 2c1 CiinA. of/aft,-
Doll$rsJ02 3 � • $ 4IZ /C.00
5. 14 each construct new
standard junction box
DollarsIf Id; fy-
$CC.
$ /141x2 DO
6. 50 L.F. remove & replace
existing curb
Q•��I /0o —
Dollars
$ aC:
oC
$ /6n0.°
7. L.S. relocating existing
arch CMP sta 0+00 to +/-
ata 0+45
Cij Q u - KA 'r, p•da e-cv ciA d. c t«
Dollars s Q0
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8. 2 each tie-in existing
corrugated metal pipe(s)
to new junction box
• 4111
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V -2 I hu✓ A1-( a tsi
Dollars
$ SGb
9. 20 cubic yards rock
riprap furnished and
complete in place
to4� a I ss: 0-c,ollars
cO
/006.
D
OG
s 1:3 dace'
10. 1 each construct new
junction box
with field inlet
oD
ie c ku,ic! t-Cr1 and ,��
Dollars
$ /760.-°- $
11. 60 square yards cut &
replace existing
asphalt street
bri
II o�
a✓tc1 ! oD
Dollar
smoc.'
12. 195 square yards cut &
replace concrete street
i
DollaEs) �/off �p -
$ `7 $ P
13. 30 square yards cut &
replace existing
sidewalk
Dolla
$
14. Lump Sum fertilizing,
mulching, seeding,
sodding, etc
)1x'- osarid-1')rite)1urnc]l.ec�-F
Dolts/ 333 .00
32.— $ X333'00
q�
15. Lump Sum Mobilization /
Demobilization
er_ih3o,stvtA (lV 1AI C_ct aid 'lap
Dollars SiiCi� $
16. Lump Sum Trench Safety
per OSHA's regulations
II,JQxt- OAP nu tdrei tang/ -46D
Dollars f smo,
(OD
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17. 2 each concrete flared -
end section for 30" pipe
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1X huY+ Qsi /1 . s�C RatDollars /cc ��- "$��-/2C&
18. 1 each corrugated metal '\U -Q b(k\f-C.X anc °v(IL5�
flared -end section for Dollars
ob_— `//�
existing arch pipe sta 0+00 $ sac • $ ,% (.�ca
19. 85 square yards
cut and replace
existing driveway
Doll$rsJ ds=� $ b Ce)
20. 32 L.F. 24" Class III
Concrete Pipe per specs.
Complete in Place
J.e
Dollars 1
G'II
v.d )00
$ X02 9G'.
TOTAII W O hu4d42a JCL
•ILealD'SSQAJ ✓--e IlUrbatated S I !/81
` • J
(numbers)
(words) eljk%-one oi.nd l%oo
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• The unit prices shall include all labor, materials, bailing, shoring, overhead, profit, insurance,
etc, to cover the finished work of the several kinds called for.
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Bidder understands that the Owner reserves the right to reject any or all bids and to waive any
informalities in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty
(60) calendar days after the scheduled closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidder will execute the forma]
contract attached within ten (10) days and deliver the Surety Bond or Bonds as required by
Paragraph 8 of the Genera] Conditions. The bid secunty attached in the sum of
5 Za is to become the property of the Owner in the event
the contract and bond are not executed within the time above set forth, as liquidated damages for
the delay and additional expenses to the Owner caused thereby.
By JERRY D. SWEETSER, INC,
(Svti75 rx
SEAL - of bid is by a corporation
100 West Cen4ter Suite POI
Fayetteville, AR
/2702-421F
Mc 501-521-22:4:4
IH.l1RED
Jerry Uweetser,
'.i')ID W. Poplar
Fayetteville AR
12703
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Put NUI URL Nu, tilt Nu uM In un On U'.In..0
POI Kid Balks'
.. ICnIIU 01 lin
COMPANIES AFIIUUDINU COVERAGE
COMPANY LETTCR A Hituminuus Insurance Lo.
UMMI LETTER 11
(AIIYWY LE TIER C
LtRIANY LETTER U
CTMFYTNY LEITER E
COVERAGES 1 -
1HIS IS 10 URIIFY 1IV1 POLICIES O INSMANLE LISTED BLLLM HAVE BEEN ISSUED 1E1 THE INSURED WED ABOVE FOR THE POLICY
PERIOD INDICATED. 110IWIR151ANDING ANY REOUIPOENT TERN OR CONDITION UF AMI CONTRACT OR OTHER OOLUk7(T WITH RESPECT TO
WHICH 11119 CERTIFICATE M Y Bl ISSUED OR MAY PERinIh THE INSURAMl AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10
ALL TERMS, EXCLUSIONS, FIND CONDITIONS OF SWI POLICIES. LIMITS 9134N MY IIAVE BEEN REDUCED BY PAID CLAIMS.
LIMI IS
A
A
TYPE OF INSURANCE
GENERAL LIABILITY
(XI 11MMRRLII (411 LIABILITY
I ] CLAIMS MADE IX ] ILC.
(TO (MITERS'S 8 IXMIRRI.TDR'S
PROTECTIVE
I1
(1
AUTOMOBILE LIAR
61 IXC ANY AUTO
(
3 ALL OWED AUTOS
1
3 SU1EDIED AUTOS
I 1 HIRED AUTOS
I 1 NUN -OWED AUTOS
L 1 GARAGE LIABILITY
I1
A
A
A
POLICY NUMBER
EXCESS LIABILITY
IXC UMBRELLA FOAM
I 3 U1HER THAN LtMAIIELLA FORM
WORKERS' COMP
AND
EMPLOYERS' Linn
OMER
EER
Inland Marine
CLP2131174
CAP 11313240
UUP1786039
WC122292
CLP? 131 1 71i
POLICY EFF
DATE
10/30/93
10/30/93
POLICY EXP
DATE
10/30/93
10/30/93
10/30/11
DESCRIPTION W IIPFRATIONS/LOCATIONS/VEHICLES/SPLCIAL ITEMS
$500,000 per person -41,000,000 General
g 4 ��l] AR 72701 rayet)tevil]11� AR 72702 _
l CE�I�ILAt1tg Ih1LDEN e{— _— - SHIM , OF 1FE ABOVE DESCRIBED POLICIES BE (AICELLED BEFORE THE EX-
= PIRATION DATE THEREOF THE ISSUING COFPYMIY WILL ENDEAVOR TO MAIL 30
= DAYS WRITTEN NOTICE 111 1lt CERTIFICATE HIDER NAMED 10 THE LEFT BUT
= FAILURE 10 MAIL SUCH NUM SHALL IMPOSE NO OBLIGATION OR LIABILITY IF
= ANY KIND UPON 111E COMPANY, 115 AMOS UR REPRESENTATIVES.
City of Fayetteville,
cL�e� a�ox r]�'Zt3
113 W. Fountain
GwwERAL AGGREGATE 12,00281008
10/30/94 P14.11)-COM/OP AN.
PERS. 1 ADV. INJURY 1, INN, 000
IAUI OLtURRENLt 1, 600,000
FIRE Walt
IIMY ONE FIRE) 60, 000
MED. EIIVb
IFtIY RE PERSON) 6, 000
OM1. SIMILE LIMIT 1000000
10/30/94 BODILY INJURY — --
!PEPOISON)
BODILY INJURY
(PER AttIDEN1)
10/30/94
10/30/94
10/30/94
PRGbLR1Y DW(R6E-_-
EALIIOLCURREWS P2000000
A6UREGAIE e000000
XISTATUTORY LIMITS
EACH ACCIDENT
1000000
015176E411. UNIT 6000000
DIstASE FAGI ETP. 1000000
1324149 Li.IL
OLP Bituminous 6/6/94-6/6/95
Aggregate. Additional insured are
Officers, Agents and Employees
City Of Fayetetteville
113 W. Mountain
Fayetteville AR
12/01
ACORD 25-5 (7/981_
AUTINRIIED REPHES}NIA1IVE
Robert Michael Uavi45 4
aMMIM
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UNITED STATES FIDEEI
UARANTY COMPANY
(A Stock Company)
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
We Jerry D. Sweetser, Inc.
as Principal. he•e•rafler caled Prncipa. ard LNITED.STATES FIDELITY AND GUARANTY COMPANY a
coroporation organized and exist rg under the laws of the State cf Maryand and authorized to do business
in the State of Arkansas as Surety, nereina'ter cal ed Surety, are held anc firmly bound urtc ...... ......
City of Fayetteville Deaaclurent of Public idor.ss
as Obligee. hereinafter cal ed Owner, in the amount of..'IW°. 11.4t4 -ed, Fi_chteet:_ T cusa id, Three..,
Ilundrec Eighty -One dollars and 1 gig 00. ...... ......
Dollars (8. $218, 381.10) 'or the payment wiereof Principal and Surety bind themselves. their heirs.
personal representatives. successors and assigns cintly ard severally. firmly by these preserls
Pr ncipa las by written agreement dated KacTi-Istp. 16., 1994..,., ,.. ,., . entered Into a contact
with Owner 'or furnishing al . labor an materials for the construction of the
Cedarwood Drainage Trproverent, Fayetteville, Arkansas.
whit', contract is by re'ererce mace a part hereof. and is
hereinafter referred to as the Cortract.
THE CONDITION OF THIS OBLIGATION is such that if the Principal shall falhfu ly perfo•m:he Contract
on his part ard shall hi ly indemnity and save Harmless the Owner from al: cost and damage which he may
surer by Feasor of fai ure sc to do and sha I 'ul y reimourse and repay the Owner al! outlay and expense
which the Owner may rcur n making good any such default. ard. further. that if the Principal steal pay all
persons all indebtedness for labor or mater als finished or per`ormed uncer said Corlract failing which such
persons shall have a direct rignt o` actior against the P•inc:pal and Surety. jointly and severally, under this
obligation, subject to the Owrer's priority. then this ob igatron shall be null and vo d: otnerw se it shall rema n
in lull force anc effect
No suit, action or proceed ng shall be brought on this bona outside the State of Arkansas. Nc suit, act cn
or proceeding shall be brcugn: on this pord except by the Owner. Lrless it is brought in accordance wlh
A.C.A. Section 22-9-403 (b) ard A.C.A. Seclior 18-44-503 (b) (Supp. 1987) as amended. No sul, action o•
proceeding shat• be brought by the Owner after two years from the date on which final payment under the
Contract falls due.
Ary alterations which may be mace in the terms o' the Contract. or in the work to be done under i:. or
the giving by the Owner of any extension of lime for the perfcrmance o` the Contract. or ary other torbetance
on the Dart et either the Owner cr the Pr re pa to the ether snail no: in any way release the Principal ard
the Surety or Sureties. or either or any of Them ter he rs, personal representatives successors or assigns
from their liabi ity hereunder. notice to the Surely or Sureties of any such alte•at cn. extensior or forbearance
being hereby wa ved.
In no event shat the aggregate lability of :he Surety exceed the sum set out herein
.. day of. 19 94 .
Executed on this .....22nd..
1
Coni•acl 158 (A•kansasl (11-89)
Jerrryy D. Sweetser,
y Pee s en
- nrincioal
UNITED STATES F DELITY
AND GUARANTY COMPANY
Surety
Attorney -n -fact a•;
I r •
Robert M Davi s
under the
A.P.
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UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 106636
936016
4PU$FG
KNOW ALL MEN BY THESE PRESEiv :S: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing
laws of the State of Maryland and having Its principal office at the City of Baltimore. in the State of Maryland, does hereby constitute and appoint
Eason, Jr. and Robert M. Davis
ofthe City of Fayetteville , State of Arkansas its tine and lawful Attorney(s)-in-Fact. each in their separate
capacity if mote than one is named above. to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other
wntten instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or pemutted in any actions or proceedings allowed by law.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal.
duly attested by the signatures of its Senior Vice President and Assistant Secretary. this 22nd day of January , A D. 1593
STATE OF MARYLAND)
BALTIMORE CITY )
(Signed)
(Signed)
SS:
UNITED STATES FIDELITY AND GUARANTY COMPANY
BY /'246
/
ZVI
Senior Vice President
Assistant Secretary
onthis22nd dayof January ,A.D.1993 . before mepersoSlycame Robert J. Lamendola
Senior Viet President of the UNITED STATES FIDELT Y Alda GUARANTY COMPANY and Paul D. Sims . Assistant
Secretary of said Company, with both of whom I am peaonally acquainted, who being by me severally duly swam, said that they, the said Robert J.
Lamendola and Paul D. Sims were respectiweythe Senior Vice President and the Assistant Secretary of
the said UNITED STATES FIDELITY A' O GUARAN TY COMPANY, the aotporatioo descnbed in and which executed the foregoing Power of Attorney: that they
each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such oorponce seal, that it was so affixed by order of the Board of Directors
of said corporation, and that they signed their names thereto by like oiler as Senior Vice President and Assistant Secretary. respectively, of the Company.
My Comnussion expires the lith day in —.March A.D.19 95.
(Signed)
NOTARY PUBLIC
This Power of Attorney is granted under and by nutbonty of the following Resolutions adopted by the Board of Duecton of the UNITED STATES
FIDELITY AND GUARANTY COMPANY on September 24. 1992:
RESOLVED, that m connection with the fidelity and surety insurance business of the Company, all bonds. undertakings, contracts and other instruments
relating to said business maybe signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman. it the President. or an Executive Vice President or a Semor Vice President, or a Vice President or an Assistant Vice President jointly with the
Secretary or an Assistant Secretary, under thew respective designations The signature of such officers may be engraved, printed or hthogeaphed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Atlomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and. unless subsequently
revoked and subject to any limitations set forth thertxn, any such Power of Attorney or certificate beating such facsimile signature or facsimile sed shall be valid and
binding upon the Company and any such power so executed and cert.fied by such facsimile signature and facsimile sed shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is validly attached.
RESOLVED. that Attomey(s)-ri-Fact shall have the power and authonty, unless subsequently revoked and, in any case subject to the terms and limitations
of the Power of Attorney issued to them. to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings.
and other writings obligatory in the nature thereof. and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Commpaoy as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
1. Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY,
do hereby certify That the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in full force and effect
L the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is in full fora and effect and has not been revoked.
In Testimony Whereof 1 have hereunto set my hand and the seal of r% I STATES FIDELITY AND GUARANTY COMPANY on this day
of . 19 .
FS 3 (10-92)
Assistant Secretary
•
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CONTRACT AGREEMENT
1. THIS CONTRACT AND AGREEMENT, made and entered into this 16LIllay
of Auast , 19 94 , by and between the City of Fayetteville, .Arkansas, :Pam the
First Fart, acting through its duly authorized representative, and
„erry D. Sireetser, Inc.
590 Poplar F.treet
Th etteville, A? 72703
Party of the Second Part:
WITNESSETH:
That for and in consideration of the payments to be made as hereinafter set forth, the Party
of the Second Part hereby agrees to furnish all tools, labor, equipment, materials, and
applies required to be furnished and to construct the improvements designated as
Drainage Improvements, Cedarwood Subdivision
for the City of Fayetteville, Arkansas, in exact accordance with the Plans on file at the
Office of the City Engineer, and Specifications, Proposals, Stipulations, and Special
Provisions attached hereto and made a part hereof as fully as though copied herein, under
the direction and to the entire satisfaction of the Party of the First Part and in accordance
with the laws of the State of Arkansas.
2. It is further agreed and understood by and between the parties hereunto that the
Party of the First Part agrees to pay and the Party of the Second Part a ees to accept as
full and final compensation for all work done under this agreement, the Unit Prices and/or
Lump Sum Price named in the Proposal which is hereto attached, such payment to be
made in Iawful money of the United States, at the time and in the manner set forth in the
Specifications.
3. The Party of the Second Part agrees, for the consideration above expressed, to
begin and complete the work within the time specified in the Proposal. Time is expressly
made of the essence of this Contract. If the Party of the Second Part shall fail to complete
the work in the time specified he shall pay to the Party of the First Part, as liquidated
damages, ascertained and agreed, and not in the nature of a penalty, the amount specified
in the Proposal for each day delayed, for each Schedule delayed, which shall be deducted
from the final amount to be paid under the Contract. Extensions of time may be granted
with waiver of liquidated damages as provided for in the Specifications.
4. The Party of the Second Part agrees to furnish a Bond, with an approved Surety
thereon, guaranteeing the performance of this Contract, as required by the laws of the
411thereon,
of Arkansas, and for not less than one hundred (100) percent of the amount of this
Contract. Said Bond shall be conditioned on full and complete performance of this
Contract and acceptance by the City of Fayetteville for the payment of all labor and
•
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•
The Contractor shall furnish adequate sanitary facilities for workmen in the work area during
the construction period.
33. CONSTRUCTION SAFETY.
Throughout these specations, whenever engineering decisions are to be made to ensure
adequate construction in accordance with the plans and specifications, such inspection and
engineering decisions are not to be construed as supervision of the Constractors' work force, nor
make the Engineer responsible for providing a safe place for the performance of the work by the
Contractor or the Contractors' 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 the contract, the Contractors insurance and performance bond and
cannot be the responsibility of the Engineer.
The above provision does not prevent the Engineer or his personnel from requiring reasonable
safety standards, if, in the course of their technical supervision, it comes to the attention of the
Engineer that reasonable safety standards are not being carried out.
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•
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•
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The Contracting Authority may withhold or, on account of subsequently discovered evidence,
nullify the whole or part of any certificates to such extent as may be necessary to protect the
Contracting Authority from loss on account of:
(a) Defective work not remedied,
(b)
Claims filed or reasonable evidence indicating probable filing of
claims,
(c) Failure of the Contractor to make payments properly to Sub -
Contractor or for material or labor,
(d) Damage to another Contractor,
(e) Incomplete work.
When the above grounds are removed, payment shall be made for amounts withheld because of
them.
SHOP AND ERECTION DRAWINGS'
The Contractor shall furnish the Engineer with triplicate copies of all shop and erection
drawings for approval. These drawings shall include the drawings prepared on structural and
reinforcing steel, special layout drawings of equipment or machinery purchased under this
Contract, and other supplementary drawings required in the prosecution of the work. One copy
shall be returned to the Contractor and two copies retained by the Engineer for field and office
reference. The approval of such drawings by the Engineer does not constitute an acceptance of
responsibility of their accuracy.
31. LABORATORY TESTS'
All material entering into the work is subject to various tests as may be required by the
specifications. The cost of all such tests shall be the responsibility of the Contractor furnishing
such material.
The Contractor shall also bear the cost of any tests arising out of his desire to use materials
which may be questionable in the opinion of the Engineer.
32. DRINKING WATER AND SANITARY FACILITIES -
The Contractor shall provide safe drinking water for his workmen during the construction
period. The water shall be delivered through a spigot, angle jet fountain, or other approved
device. Common drinking cups will be prohibited.
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•
10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS:
If this contract is less than $20,000.00 the following exception applies:
The Contractor is not required to he licensed under the terms of Act 150 or the 1965 Acts of
the General Assembly.
11. TIME OF COMPLETION AND LIQUIDATED DAMAGES:
Bidder must agrre to commence work on or before a date to be specified in a written "No:ice
to Proceed" of the l ler and to fully complete the project within 60 consecutive calendar days
thereafter. Liquidated damages are hereby set at $200 per calendar day.
12. NOTICE OF SPECIAL CONDITIONS:
Attention is particularly called to those parts of the contract documents and specifications
which deal with the following:
(a)
(b)
(c)
(d)
Inspection, and testing of materials.
Insurance requirements
Wage rates.
Special equipment which the Contractor must use on the job.
13. SAFETY STANDARDS AND ACCIDENT PREVENTION:
With respect to all work performed under this contract, the Contractor shall:
1. Comply with the safety standards provisions of applicable laws, building and construction
codes and the "Manual of Accident Preven:inn in Construction" published by the Associated General
Contractors of America the requirements of :he Occupational Safety and Health Act of 1970 (Public
Law 91-596), and the requirements of Title 29 of :he Code of Federal Regulations, Section 1518 as
published in the "Federal Register", Volume 36. No. 75, Saturday, April 17, 1971.
2. Exercise every precaution al a:] times for the prevention of accidents and the protection of
persons (including employees) and property.
3. Maintain at his office or other hell known place at the job site, all articles necessary for giving
first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital
or a doctors care of persons (including emplo).ees), who may he injured on the job site. In no case
shall emp. sees be permitted to work a: a joy site before the employer has made a .coding
arrangement for the remoi.al of injured persons to a hospital or a doctors care
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5. MODIFICATION OF BIDS:
No modification of bids already submitted will be considered unless such modifications are
received prior to the hour set for opening.
6. BID BONDS, CONTRACT BONDS. AND INSURANCE:
Attention of bidders is called to Act 82 of the 1935 Acts of the Arkansas General Assembly,
which requires that all bid bonds, performance bonds, labor bonds, employer's liability insurance,
public liability insurance, workmen's collective insurance, and property damage insurance must be
secured through resident agents of Arkansas.
CLARIFICATION OF CONTRACT DOCUMENTS:
If any person contemplating submitting a bid for the proposed contract is in doubt as to the
true meaning of any part of the Plans, Specifications, or other proposed Contract Documents, be may
submit to the Engineer a written request for any interpretation thereof. The person submitting the
request will be responsible for its prompt delivery. Any interpretation of the proposed Documents will
be made only by an Addendum duly issued, and a copy of such Addendum will be mailed to each
person who has previously secured or who subsequently secures a set of Documents. The Contracting
Authority will not be responsible for any other explanations or interpretations of the proposed
Documents.
8. EXECUTION OF CONTRACT DOCUMENTS;
Following the award and within ten (10) days, provided for in the Proposal, the successful
bidder shall properly execute five (5) counterparts of the Contract Documents.
9. BASIS OF AWARD:
Bids will be considered on the basis of the total bid price or prices given in the Proposal. In
the event Unit Prices are required they will not be considered except that evidence of serious
unbalancing of the Unit Prices shall be considered cause for rejection of bids.
The Contract(s) will be awarded to the bidder (or bidders in the case of more than one
Schedule of Work) submitting the lowest and best bid (or combination of bids), considering the
Contractor's experience and ability to do the work, and the character and quality of the equipment he
proposes to furnish. The Contracting Authority reserves the right to select such bids or combination of
bids which in its opinion would serve its interest best.
The Contracting Authority reserves the right to select between any Alternatives in the
Proposal.
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contract bond within ten 00) days after the prescribed contract and bond forms are presented for
signature.
Checks of unsuccessful bidders will be returned immediately after a contract has been executed.
4. PROPOSALS:
(a) Proposals shall be strict!) in accord with the prescribed forms, furnished with the
Specifications. Any modifications or deviations therefrom may be considered sufficient cause for
rejection.
(h) The bidder shall state in words and figures the Lump sum and unit prices for which he
proposes to de each i;:• -i of work covered by the Proposal. In case words and figures do not agree, the
words shall govern and ;he figures shall he disregarded.
(c) It is to he understood that the lump sum _quired in the Proposal is for the furnishing of
all materials required to be furnished and the doing of all work required under these Contract
Documents, including items for which no quantities are given, and the quantities given in the 'List of
Variable Quantities' at the end of the Proposal. The "Unit Prices for Variation of Quantities" required
are for adjustment of the 'Basic Bid" bj reason of variation of actual variable quantities from the
quantities given in the 'List of Variable Quantities". In case unit prices are not required, it is to be
understood that the lump sum required in the Proposal is for the furnishing of all materials required to
be furnished and the doing of all work required under these Contract Documents.
(d) Proposals must he signed, in writing. by an individual authorized to bind the bidder.
(e) Proposals must he submitted complete, with all other Contract Documents in their original
bindings as furnished bs the Engineer. The} must he submitted at the place and on or before the time
specified in the Advertis.ment for Bids.
(f) Proposals must be submitted in sealed envelopes addressed to the Contracting Authority.
and clearly marked on the outside of the envelope, 'Proposal for Construction Contract" to be opened
at (date and time). The Bidder's current Arkansas Contractor's license number must be marked on
the envelope.
(g) The Contracting Authority wit] not consider bids covering only a portion of these
Specifications.
(h) The unbalancing of bids will not be tolerated. Evidence of materia! unbalancing will be
considered cause for rejection.
(i) The Owner reserves the right to reduce the amount of items at the unit price for each as
shown in the Contractor's proposal to match budgeted funds.
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S.
INSTRUCTION TO BIDDERS
1. QUALIFICATIONS OF CONTRACTORS:
Before submitting a bid, bidders must be licensed under the terms of Act 150 of the 1965 Acts of
the Arkansas General Assembly, and the successful bidder must be legally qualified in all respects to
do business in the State of Arkansas.
When called upon to do so after receipt of Proposals, bidder shall prepare a Financial
Statement, Experience Record, and Equipment Schedule. These statements shall reflect the current
status of the bidder. The statements of each bidder must show net liquid assets or credit facilities in an
amount of not less than fifteen (15) percent of the total amount bid. Each bidder must have had at
least one (1) year experience in construction of similar improvements and must have successfully
completed at least one (1) such project. Each bidder must have equipment available which, in the
opinion of the Engineer, is adequate to complete the work under these Specifications in the time
allowed for completion. Should any bids be received from bidders whose statement, when filed, fail to
show that the bidder's qualifications meet the minimum requirements above -enumerated, such bids
may be rejected.
2. LOCAL CONDITIONS:
• Bidders shall read the Specifications, examine the Plans, and make their own estimates of the
existing facilities and the difficulties which will attend the execution of the work called for by the
proposed Contract, including local conditions, uncertainty of weather, and all other contingencies.
Bidders shall satisfy themselves by personal examination of the location of the proposed work, and by
such means as they may choose, as to actual conditions and requirements. Information derived from
the Plans and Specifications or from the Engineer or his assistants shall not relieve the bidder of this
responsibility.
3. PROPOSAL GUARANTEES:
Proposals must be accompanied by either a certified or cashier's check, drawn on a National
Bank or a bank having membership in the Federal Reserve System, or a Bid Bond executed by a
satisfactory Surety. The proposal guarantee shall be in an amount not less than five (5) percent of the
hid and made payable to the Contracting Authority to whom the Proposal is made. A lesser amount
will not be acceptable.
The
proposal guarantee,
or other bid qualifications, shall be sealed in a
separate
envelope firmly
attached to
the outside of the
sealed Proposal. The outer envelope shall be
opened
first, and if the
documents
are not found to be
in order, the sealed Proposal shall be returned
to the bidder unopened.
The amount of any check or bond shall be retained by the Contracting Authority as liquidated
damages in case the bidder neglects or refuses to enter into a contract and to furnish the required
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ci
GENERAL CONDITIONS OF THE SPECIFICATIONS
1. GENERAL DESCRIPTION:
The work embraced in these Contract Documents consists of the following:
Drainage Imprcvements. Cedar -wood Subdivision
2 DEFINTIION OF TERMS:
Wherever in these Documents the following terms are used, they are understood to have the
following meanings:
'OWNER' or "CONTRACTING AUTHORITY" shall mean the City of Fayetteville, Arkansas.
'ENGINEERS' or 'ENGINEER" shall mean: ETC Engineers, Inc., 1510 South Broadway,
Little Rock, Arkansas 72202.
'CONTRACTOR" shall mean the individual, partnership, or corporation that may have entered
into the contract with the Contracting Authority to perform the work speed herein.
"WORK" shall mean the furnishing of all necessary tools, labor, equipment, materials, and
supplies required to be furnished by the Contractor under these Specifications.
3. LAWS AND REGULATIONS:
All work shall be done in conformity with the laws of the State of Arkansas, and any subdivision
thereof, municipal and local laws and ordinances, and a1 applicable federal statutes, laws or
regulations.
No convict labor shall be employed on this project.
4. CONTRACT DOCUMENTS:
The "Advertisement for Bids", the "Proposal", the "Bond" the 'Instructions to Bidders', the
'General Conditions', the Detailed Specifications", and the 'Plans', are each and all of the
Specifications component parts to the agreements governing the work to be done and the
materials and equipment to be furnished.
The Contract Documents are complimentary, and what is called for by one shall be as binding as
if called for by all. The intention of the Documents is to include all tools, labor, equipment,
materials and supplies necessary for the proper execution of the work. Materials or work
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I
a
described in words which so applied have a well-known Technical or Trade meaning shall be
held to refer to such recognized meaning.
The following copies of the executed Contract Documents will be provided:
One for the Contracting Authority,
One for the successful Bidder,
One for the Engineer,
One for the Surety,
One for filing with the Circuit Clerk in the County where the Work is to be performed.
5. SUBCONTRACTS:
The Contractor shall, as soon as practicable after the signing of the Contract, submit to the
Engineer, in writing, the names of any Subcontractors he proposes for any part of the work.
The Engineer's approval must be secured, in writing, on all Subcontracts before they are made
and signed.
The Contractor shall be held fully responsible to the Contracting Authority and the Engineer for
the acts and omissions of his Subcontractors and of the persons directly or indirectly employed
by his Subcontractors.
Nothing contained
in these
Specifications or
in
the Contract Documents shall create any
contractual relation
between
any Subcontractor
and
the Contracting Authority.
It is understood and agreed that the Contractor has satisfied himself as to the nature and
location of the work, the conformation of the ground, the character, quality, and quantity of the
materials to be encountered, the character of the equipment and facilities needed preliminary to
and during the prosecution of the work, the general local conditions, and all other matters which
can in any way affect the work under this Contract. No verbal agreement or conversation with
any officer, agent, or employee of the Contracting Authority or Engineer, either before or after
the execution of this Contract, shall affect or modify any of the terms or obligations herein
contained.
I
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9
7. THE ENGINEER:
The Contracting Authority contemplates and the Contractor shall permit and make possible a
thorough inspection by the Engineer of all work and materials furnished under the Contract
Documents. The Contractor shall perform the work to the satisfaction of the Engineer. No
work shall be performed by the Contractor without the knowledge and approval of the
Engineer.
The Contractor shall be an "independent contractorwith full power and authority to select the
means, methods and manner of performing the work, being responsible to the Contracting
Authority for all materials delivered and the results contracted for. The authority of any
representative of the Contracting Authority of the Engineer is limited to such determinations
concerning the interpretation and performance of the Contract Documents. The failure of any
representative of the Contracting Authority or of the Engineer to condemn or reject work or
materials, or otherwise to exercise any function entrusted to him, shall not excuse the
Contractor from the faithful performance of this Contract, nor shall such action imply any
acceptance by the Contracting Authority or by the Engineer of faulty work or materials.
The Engineer shall, within a reasonable time after presentation, make decisions in writing on
• claims arising between the Contracting Authority and the Contractor and shall make
interpretations of plans and specifications.
8. BOND:
Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient
surety bond in the amount of one hundred (100) percent of the contract sum, guaranteeing the
faithful performance of all covenants, stipulations, and agreements of the Contract, the payment
of all bills and obligations arising from the execution and performance of the Contract, and
guaranteeing the work against faulty workmanship and materials during construction and for
one year after completion, all provisions of the bond to be complete and in full accordance with
the statutory requirements. The bond shall be executed with the proper Sureties through a
company licensed and qualified to operate in the State and approved by the Contracting
Authority. If at any time during the continuance of the Contract, the Surety on the Contractor's
bond becomes irresponsible, the Contracting Authority shall have the right to require additional
sufficient Sureties which the Contractor shall furnish to the satisfaction of the Contracting
Authority within ten (10) days after the notice to do so. In default, thereof, the Contract may be
suspended, and all payments or money due the Contractor withheld.
The bond must be filed with the Circuit Clerk of the County in which the work is to be
performed before any work under the Contract is performed.
A form of this bond is attached hereto and made a part of these Specifications.
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S
9. INSURANCE:
The Contractor shall maintain such insurance as will protect him from claims under workman's
compensation acts and other employee benefits and from claims for damages because of bodily
injury, including death, and form claims for damages to property which may arise out of
operations or the work, whether such operations be by himself of by any subcontractor or
anyone directly or indirectly employed by either of them. The insurance shall be written in
companies authorized to do and doing business in Arkansas and for not less than the following
limits:
Comprehensive General Public Liability with bodily
injury limits of $100,000 and $300,000 and property
damage limits of $50,000;
Comprehensive Automobile Liability (owned, hired
and non -owned Vehicles) with bodily injury limits
of $100,000 and $300,000 and property damage limit
of $50,000 for each accident;
Standard Workmen's Compensation and Employer's
Liability covering with statutory limits;
Contractual liability insurance with bodily injury
limits of $100,000 and $300,000 and property damage
limits of $50,000.
Certificates
of
such insurance
shall be filed with the Engineer before work commences under
any contract
or
subcontract.
10. ROYALTIES AND PATENTS:
The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for
infringement of any patent rights, and shall save the Contracting Authority from loss on account
thereof.
11. INSPECTION:
The detailed manner and method of performing the work shall be under the direction and
control of the Contractor, but all work done shall at all times be subject to the inspection of the
Engineer or his authorized representative to see that it is done in accordance with the Contract
Documents.
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Inspectors may be appointed by the Engineer or Contracting Authority and their duty shall be to
guard the Contracting Authority against defects and deficiencies in the work and to see that the
work is done in accordance with the Contract Documents. Inspectors shall have authority,
subject to the final decision of the Engineer, to condemn and reject any defective work and to
suspend work when it is not being done properly, but the responsibility for the work and
compliance with the Contract Documents and to all applicable laws and regulations shall be the
Contractor's.
Inspectors shall have no authority to permit any deviation from the Plans and Specifications
except on written order from the Engineer, and the Contractor will be liable for any deviation
except on such written order.
The inspector shall in no case act as foreman or perform other duties for the Contractor, nor
interfere with the management of the work by the latter. Any advice which the inspector may
give the Contractor shall in no way be construed as binding to the Engineer in any way or
releasing the Contractor from fulfilling all the terms of the Contract.
All condemned work shall be promptly taken out and replaced by satisfactory work. Should the
Contractor fail or refuse to comply with instructions in this respect, the Contracting Authority
may, upon certification by the Engineer, withhold payment or proceed to terminate the contract
as provided herein.
Any defective work may be rejected by the Engineer at any time before final acceptance of the
work, even though the same may have been previously overlooked and estimated for payment.
12. WORKMANSHIP AND SUPERINTENDENCE:
The Contractor shall keep on this work, during progress, a competent superintendent and any
necessary assistants. The superintendent shall represent the Contractor in his absence and all
directions given to him shall be as binding as if given to the Contractor.
The Contractor shall provide proper tools and equipment and the service of all workmen,
mechanics, tradesmen, and other employees necessary in the execution of the work
contemplated herein. The employees of the Contractor shall be competent and willing to
perform satisfactorily the work required of them. Any employee who is disorderly, intemperate,
or incompetent, or who neglects or refuses to perform his work in a satisfactory manner, shall
be promptly discharged.
It is particularly called to the Contractor's attention that only first-class workmanship will be
acceptable.
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13. POSITION. GRADIENT. AND ALIGNMENT:
The Engineer shall set such stakes to proper line and grade as may be necessary for guidance of
the Contractor in the proper performance of the work, and all work must conform closely to the
lines and grades given.
It shall be the duty of the Contractor and his employees to call the Engineer's attention to any
stakes which may have been disturbed or which seem to be off line or grade.
The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of
willful or careless destruction, he shall be charged with the resulting expense and shall be
responsible for any mistakes that may be caused by their unnecessary disturbance or loss.
14. PRO
ECIION OF
WORK
PROPERTY.
AND
PERSONS AND
CONTRACTOR'S
RESPONSIBILITY
FOR
DAMAGE CLAIMS:
The Contractor shall adequately protect the work, the Contracting Authority's property,
adjacent property and the public from injury, damage or loss arising in connection with the
contract or the work. 0
The Contractor shall provide and maintain all passageways, guard fences, lights or other
facilities for safety and protection required by any public authority or local conditions,
The Contractor assumes entire responsibility and liability for any third party claims and actions
based upon or arising out of injuries, including death to persons or damage or destruction of
property, sustained or alleged to have been sustained in connection with or to have arisen out of
or incidental to the performance of this contract by the Contractor, his agents and employees
and his subcontractor, their agents and employees, regardless of whether such claims or action
are founded in whole or in part upon alleged negligence of the Contracting Authority,
Contracting Authority's representatives or the Engineer, or the employees, agents or licensees
thereof. The Contractor shall indemnify and hold harmless the Contracting Authority and its
representatives and the Engineer and his representatives in respect to any such matters.
L.
The Contractor shall procure at his own expense all necessary licenses and permits of a
temporary nature, and shall give due and adequate notices to those in control of all properties
which may be affected by his operations. Permits, licenses, and easements for permanent
structures or permanent changes in existing facilities will be provided by the Contracting
Authority unless otherwise specified. The Contractor must obtain permission from the
Contracting Authority or other proper authority before blockading any roads or highways, and
GC -6
shall furnish all necessary barricades and detour signs. The Contractor shall give all notices and
comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work as
drawn or specified.
16. ASSIGNMENTS:
No assignment by the contractor of the Contract, or any part thereof, or of the funds to be
received thereunder by the Contractor, will be recognized unless such assignment has had the
written approval of the Contracting Authority, and the Surety has been given due notice of the
assignment in writing.
No assignment, transfer, or subletting, even though consented to, shall relieve the Contractor of
his liabilities under this Contract. Should any Assignee fail to perform the work undertaken by
him in a satisfactory manner, the Contracting Authority may, at its option, annul and terminate
Assignee's contract.
17. OTHER CONTRACTS:
The Contracting Authority reserves the right to lel other contracts in connection with this work.
The Contractor shall afford other Contractors reasonable opportunity for the introduction and
storage of their materials and the execution of their work, and shall properly connect and
coordinate his work with theirs.
Whatever work being done by the Contracting Authority's forces or by any other Contractor is
contiguous to work covered by this Contract, the respective rights of the various interest
involved shall be established by the Engineer, in order to secure the completion of the various
portions of the work in general harmony.
18. SUSPENSION OF WORK:
The Contracting Authority may at any time suspend the work or any part thereof by giving ten
(10) day's notice to the Contractor in writing, the work shall be resumed by the Contractor ten
(10) days after the date fixed in a written notice from the Contracting Authority to the
Contractor to do so.
If the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and if the
Contracting Authority does not give notice in writing to the Contractor to resume work at a date
within twenty (20) days of the date fixed in the written notice to suspend, except in the case of
litigation, then the Contractor may abandon that portion of the work so suspended, and he will
be entitled to the estimates and payments for all work done on the portions so abandoned, if
any.
GC -7
h
o
0
If the Contractor should neglect to prosecute the work properly or fail to perform any provision
of this Contract, the Contracting Authority after three (3) day's written notice to the Contractor
may without prejudice to any other remedy it may have, make good such deficiencies, and may
deduct the cost thereof from payments then or thereafter due the Contractor.
t r t • ur • __ • lac • • rta • ;yt • .•r:
If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for
the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or
if he should refuse or should fail, except in case for which extension of time is provided to supply
enough properly skilled workmen or proper materials, or if he should fail to make prompt
payment to subcontractors or for materials or labor, or disregard laws, ordinances, or the
instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of
the Contract, then the Contracting Authority, upon the certificate of the Engineer that sufficient
cause exists to justify such action, may, without prejudice to any other right or remedy and after
giving the Contractor ten (10) days written notice, terminate the employment of the Contractor
as provided under Paragraph 21, immediately following. In such case, the Contractor shall not
be entitled to receive any further payment until the work is finished. If the unpaid balance of
the contract price shall exceed the expense of finishing the work, including compensation for
additional managerial and administrative services, such excess shall be paid to the Contractor. If
such expenses shall exceed such unpaid balance, the Contractor shall pay the difference to the
Contracting Authority. The expense incurred by the Contracting Authority as herein provided
and the damage incurred through the Contractor's default, shall be certified by the Engineer
pending settlement of disputes on any point of controversy, the Engineer may suspend action on
all or any part of the Work. The Contractor shall not be entitled to any claim for loss or damage
by reason of such delay, nor shall he be entitled to extension of time, although such extension of
time may be granted by the Engineer if he deems it in the interest of the work.
21.
In the event that any of the provisions of this Contract are violated by the Contractor or by any
of his Subcontractors, the Contracting Authority may serve written notice upon the Contractor
and the Surety of its intention to terminate such Contract, such notices to contain the reasons
for such intentions to terminate the Contract, and unless within ten (10) days after the serving of
such notice upon the Contractor such violation shall cease and satisfactory arrangements for
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 Contracting Authority 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 thirty (30) days from the date of the mailing to such Surety of notice
GC -8
S
0
of termination, the Contracting Authority may take over the work and prosecute the same to
completion by contract for the account and at the expense of the Contractor, and the Contractor
and his Surety shall be liable to the Contracting Authority thereby, and in such event the
Contracting Authority 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.
22. PAYMENTS WITHHELD:
The Contracting Authority may withhold or, on account of subsequently discovered evidence,
nullify the whole or part of any certificate to such extent as may be necessary to protect the
Contracting Authority from loss on account of:
(a) Defective work not remedied,
(b) Claims filed or reasonable evidence indicating probable filing of
claims,
(c)
Failure of the
Contractor to make payments
properly to
Subcontractor
or for material or labor,
(d) Damage to another Contractor,
(e) Incomplete work
When the above grounds are removed, payment shall be made for amounts withheld because
of them.
23. DELAYS AND EX i ENSIONS OF TIME:
If, at any time, the Contractor considers be is being delayed by an act or neglect of the
Contracting Authority or its employees, or by any other Contractor employed by the Contracting
Authority, or by any changes or additions ordered in the work, or for any reason beyond his
control, he shall within ten (10) days from the beginning of such delay notify the Engineer in
writing of the causes of any such delay. Extensions of time, with relief from responsibility for
liquidated damages incurred by the Contracting Authority on account of such delay, will be
granted the Contractor, when, in the opinion of the Engineer, the causes so called to his
attention warrant such extensions of time. No claims for delay will be considered unless such
notice has been filed with the Engineer within the time specified above.
The Contractor will be required to furnish the Engineer two copies of each purchase order for
materials and equipment as they are issued. If the Contractor shall seek an extension of time
GC -9
because of delay in receiving delivery of critical materials, such extension of time may be granted
when, in the opinion of the Engineer, the extension is warranted and the delay is in no way
caused by the Contractor's financial status or by any act or failure to act on the part of the
Contractor. Failure to get items of material or equipment not essential to the completion of
those portions of the work, which, in the opinion of the Engineer requires supervision by an
Engineer, shall not be deemed justification for waiver of liquidated damages, however, even
though such delays are beyond the Contractor's control, and event though such items of material
or equipment may be essential to the actual placing in operation of a portion of all of the
project. When such items of materials or equipment are delayed for reasons beyond the
Contractor's control, he shall complete all other work within the specified construction period.
Extensions of time, without relief from responsibility for liquidated damages incurred by the
Contracting Authority on account of delays, may be granted the Contractor on account of his
failure to complete the work within the time specified.
o r, awn s . srra�a7[i]3
The Contracting Authority, without invalidating the Contract may order additional work to be
done in connection with the Contract or may alter or deduct from the work, the Contract sum to
be adjusted accordingly.
Additional work shall be done as ordered in writing by the Engineer, which order shall state the
location, character, and amount of extra work. All such work shall be executed under the
conditions of the original contract and subject to the same inspection and tests as though therein
included.
Compensation for additional, omitted, or changed work shall be adjusted as follows:
Any changes in quantities of work for which unit prices are required in the Proposal shall be at
and for the price bid. Work for which prices are not required shall be paid for or deducted, as
the case may be, upon the basis of an estimate prepared by the Contractor and approved by the
Engineer, prior to the written order changing the quantity of work.
If the Contractor claims compensation for additional work not ordered as aforesaid, or for
claims of damages sustained, he shall make a written statement of claims for compensation or
damages to the Engineer, which statement shall be in the hands of the Engineer within such
time as will allow a full consideration of the basis for such claim, and in no case later than fifteen
(15) days after the work has been completed or damages sustained. The Contractor shall
furnish, if required, and accounts, bills, or vouchers relating thereto. Unless such claims are
made as required, they shall be considered forfeited and invalid.
The Contracting Authority reserves the right to contract with any person or firm other than the •
Contractor for any or all extra work. The Contractor's attention is especially called to the fact
GC -10
that he shall be entitled to no claim for damages for anticipated profits on any portion of the
work to be omitted
25. ARBITRATION:
(a)
Demand for Arbitration.
Any
decision of
the Engineer which
is subject to arbitration
shall
be submitted to arbitration
upon
the demand
of either party to the
dispute.
The Contractor shall not cause a delay of the work because of the .pendency of arbitration
proceedings, except with the written permission of the Engineer, and then only until the
arbitrators shall have any opportunity to determine whether or not the work shall continue until
they decide the matters in dispute.
The demand for arbitration shall be delivered in writing to the Engineer and the adverse party,
either personally or by registered mail to the last known address of each within ten (10) days of
the receipt of the Engineer's decision, and in no case after final payment has been accepted. If
the Engineer fails to make a decision within a reasonable time, a demand for arbitration may be
made as if his decision had been rendered against the demanding party.
(b) Arbitrators. No one shall be nominated or act as an arbitrator who is in any way
financially interested in this Contract or in the business affairs of the Contracting Authority, or
the Contractor, or the Engineer, or otherwise connected with any of them. Each Arbitrator
shall be a person in general familiar with the work or the problem involved in the dispute
submitted to arbitration.
Unless otherwise provided by controlling statutes, the parties may agree upon one arbitrator;
otherwise there shall be three, one named in writing by each party to this Contract, to the other
party, and the third chosen by those two arbitrators.
If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be
binding in respect to both the matter submitted to and the procedure following during the
arbitration. Such decision shall be a condition precedent to any right of legal action.
(c) Arbitration Procedure. The arbitrators shall deliver a written notice to each of the
parties and to the Engineer, either personally or by registered mail to the last known address of
each, of the time and place for the beginning of the hearing of the matters submitted to them.
Each party may submit to the arbitrators such evidence and arguments as he may desire and the
arbitrators may consider pertinent. The arbitrators shall, however, be the judges of all matters
of law and fact relating to both the subject matters of and the procedure during arbitration and
• shall not be bound by technical rules of law or procedure. They may bear evidence in whatever
form they desire. The parties may be represented before them by such persons as they may
GC -11
select, subject to the disciplinary power of the arbitrators if such representative shall interfere
with the orderly or speedy conduct of the proceedings.
Each party, and the Engineer, shall supply the arbitrators with such papers and information as
they demand, or with any witness whose movements are subject to their respective control, and
upon refusal or neglect to comply with such demands, the arbitrator may render their decision
without the evidence which might have been solicited therefrom, and the absence of such
evidence shall afford no ground for challenge of the award by the party refusing or neglecting to
comply with such demand.
The submission to arbitration (the statement of the matters in dispute between the parties to be
passed upon by the arbitrators) shall be writing duly acknowledged before a notary. Unless
waived in writing by both parties to the arbitration, the arbitrators, before hearing testimony,
shall be sworn by an officer authorized by law to administer an oath, faithfully and fairly to bear
and examine the matters in controversy and to make a just award according to the best of their
understanding.
The arbitrators, if they deem the case demands it, are authorized to award to the party whose
contention is sustained such sums as they shall consider proper for the time, expense, and
trouble incident to the arbitration, and if the arbitration was demanded without reasonable
cause, damages for delay, and other losses.
The award of the arbitrators shall be in writing an acknowledged like a deed to be recorded, and
a duplicate shall be delivered personally or by registered mail forthwith upon its rendition, to
each of the parties to the controversy and to the Engineer: Judgement may be rendered upon
the award by the Federal Court or by the highest State Court having jurisdiction to render same.
The award of the arbitrators shall not be open to objection on account of the form of the
proceedings or the award, unless otherwise provided by the controlling statutes. In the event of
such statutes providing on any matter covered by this Article otherwise than as hereinbefore
specified, the method of procedure throughout and the legal effect of the award shall be wholly
in accord with said statutes, it being the intention hereby to lay down a principal of action to be
followed, leaving its local application to be adapted to the legal requirements of the jurisdiction
having authority over the arbitration.
The Engineer
shall not be deemed a party to the
dispute.
He is given
the right to appear before
the arbitrators
to explain the basis of his decision
and give
evidence as
they may require.
26. REFERENCE TO MANUFACTURER OR TRADE NAMES:
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
GC -12
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, of equal substance and
function. It shall not be purchased or installed by the Contractor without the Engineers' written
approval.
27. USE OF COMPLETED PORTIONS:
The Contracting Authority shall have the right to take possession of and use any completed or
partially completed portions of the work, notwithstanding that the time for completing the entire
work on such portions may not have expired; but such taking possession and use shall not be
deemed an acceptance of any work not completed in accordance with the Contract Documents.
If such prior use of completed portions increases the cost of, or delays the work, the Contractor
shall be entitled to such extra compensation or extension of time, or both, as the Engineer may
determine.
The Contracting Authority, in taking possession of completed portions, shall agree Io accept the
decision of the Engineer, on matters relating to responsibility for damages that may occur to any
portion of the work during the period of possession preceding acceptance and final payment.
28. ACCEPTANCE AND FINAL PAYMENT
As soon as the work has been substantially and satisfactorily completed, the Engineer will make
a final estimate stating that the work provided for under this Contract has been completed and
is accepted by him under the terms and conditions thereof, with qualifications, if any, as stated.
If certain parts of the work are not completed or if certain corrections must be made in the work
event though the work is substantially completed, the Engineer is authorized to determine the
amount which in his opinion is required for completion and/or correction of the work, and such
amount may be withheld from the final payment to the Contractor, pending the completion and
correction as required. The balance found to be due the Contractor shall be paid by the
Contracting Authority within forty (40) days after the date of the final estimate. Prior to filing
for final estimates, the Contractor shall file with the Engineer a receipt in full from each
manufacturer, subcontractor, dealer and supplier for all equipment and material used on the
work a complete release of all liens which may have arisen from this Contract. In lieu thereof,
the Contractor shall file statement showing balance due or claimed on all accounts and the
Contracting Authority shall have the right, if it is so elects, to withhold sufficient money to pay
such balances until receipts in full or satisfactory evidence of final determination are filed with
the Engineer who may then make the final estimate.
The making and acceptance of the final payment shall constitute a waiver of all claims by the
Contracting Authority, other than those arising from incomplete or uncorrected work, unsettled
Hens, or from faulty workmanship or materials, and of all claims by the Contractor, except those
previously made and still unsettled.
y
If the work has been partially but substantially completed to the extent that all adjustments in
the Contract sum may be made, the Engineer may, if material delay in completion is anticipated
or if otherwise deemed in the interest of the work, make the final estimate, retaining, in addition
to other requirements which may be specified under payments, an amount representing the cost
of unfinished work. Such payment shall be under the terms and conditions governing final
payment.
Neither the making of the final estimate, or final payment, shall relieve the Contractor of his
responsibility for faulty materials or workmanship, and he shall remedy any defects and pay for
any damage resulting therefrom which shall appear within a period of one (1) year from the date
of substantial completion. The Owner shall give notice of observed defects with reasonable
promptness, and all questions arising under this paragraph shall be decided by the Engineer.
29. PAYMENTS TO CONTRACTOR:
At least ten (10) days before each progress payment falls due (but not more often than once a
month), the contractor will submit to the Engineer a partial payment estimate filled out and
signed by the Contractor covering the Work performed during the period covered by the partial
payment estimate and supported by such data as the Engineer may reasonably require. If the
payment is requested on the bases of material and equipment not incorporated in the Work but
delivered and suitably stored at or near the site, the partial payment estimate shall also be
accompanied by such supporting data, satisfactory to the Owner, as will establish the Owner's
title to the material and equipment and protect his interest therein, including applicable
insurance. The Engineer will within ten (10) days after receipt of each partial payment estimate,
either indicate in writing his approval of payment and present the partial payment estimate to
the Owner, or return the partial payment estimate to the Contracting indicating in writing his
reasons for refusing to approve payment. In the latter case, the Contractor may make the
necessary corrections and resubmit the partial payment estimate. The Owner will, within ten
(10) days of presentation to him of an approved partial payment estimate, pay the Contractor a
progress payment on the basis of the approved partial payment estimate. The Owner shall
retain (10) ten percent of the amount of each payment until final completion and acceptance of
all work covered by the Contract Documents. The Owner at any time, however, after fifty (50)
percent of the work has been completed, if he finds that satisfactory progress is being made,
shall reduce retainage to five (5) percent on the current and remaining estimate. When the
work is substantially complete (operational or beneficial occupancy), the retained amount may
be further reduced below five(5)percent to only that amount necessary to assure completion.
On completion and acceptance of the Work on which the price is stated separately in the
Contract Documents, payment may be made in full, including retained percentage, less
authorized deduction.
OC-14
• The Contracting Authority may withhold or, on account of subsequently discovered evidence,
nullify the whole or part of any certificates to such extent as may be necessary to protect the
Contracting Authority from loss on account of:
(a) Defective work not remedied,
(b) Claims filed or reasonable evidence indicating probable filing of
c,aims,
(c)
Failure of the
Contractor to make payments
properly to Sub -
Contractor or
for material or labor,
(d) Damage to another Contractor,
(e) Incomplete work.
When the above grounds are removed payment shall be made for amounts withheld because of
them.
30. SHOP AND ERECTION DRAWINGS:
The Contractor shall furnish the Engineer with triplicate copies of all shop and erection
drawings for approval. These drawings shall include the drawings prepared on structural and
reinforcing steel, special layout drawings of equipment or machinery purchased under this
Contract, and other supplementary drawings required in the prosecution of the work. One copy
shall be returned to the Contractor and two copies retained by the Engineer for field and office
reference. The approval of such drawings by the Engineer does not constitute an acceptance of
responsibility of their accuracy.
31. LABORATORY TESTS:
All material
entering into the work is
subject
to various tests as
may be required by the
specifications.
The cost of all such tests
shall be
the responsibility of
the Contractor furnishing
such material.
The Contractor shall also bear the cost of any tests arising out of his desire to use materials
which may be questionable in the opinion of the Engineer.
32. DRINKING WATER AND SANITARY FACILITIES:
The Contractor shall provide safe drinking water for his workmen during the construction
• period. The water shall be delivered through a spigot, angle jet fountain, or other approved
device. Common drinking cups will be prohibited.
GC -15
Is
The Contractor shall furnish adequate sanitary facilities for workmen in the work area during
the construction period.
33. CONSTRUCTION SAFETY:
Throughout these specifications, whenever engineering decisions are to be made to ensure
adequate construction in accordance with the plans and specifications, such inspection and
engineering decisions are not to be construed as supervision of the Constractors' work force, nor
make the Engineer responsible for providing a safe place for the performance of the work by the
Contractor or the Contractors' 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 the contract, the Contractors insurance and performance bond and
cannot be the responsibility of the Engineer.
The above provision does not prevent the Engineer or his personnel from requiring reasonable
safety standards, if, in the course of their technical supervision, it comes to the attention of the
Engineer that reasonable safety standards are not being carried out.
•
GC- 16
0 INSTRUCTION TO BIDDERS
1. QUALIFICATIONS OF CONTRACTORS:
Before suhmit:ing a bid, bidders must be licensed under the terms of Act 150 of the 1965 Acts of
the Arkansas General Assembly, and the successful bidder must be legally qualified in all respects to
do business in the State of Arkansas
When cafled upon to do so alter receipt of Proposals, bidder shat: prepare a Financial
Statement, Experience Record, and Equipment Schedule. These statements shall reflect the current
status of the bidder. The statements of each bidder must show net liquid assets or credit facilities in an
amount of not less than. fifteen (15) percent of the total amount hid. Each bidder must have had at
least one (1) year experience i❑ construction of similar improvements and must have successfully
completed at least one (1) such protect. Each bidder must have equipment available which, in the
opinion of the Engineer, is adequa:c to complete the work under these Specifications in the time
al'ew'ed for completion. Shat -:d am hidhe receised from bidders whose statement, when filed, fail to
show that the bidder's quahf:atiens nice: the minimum requirements above -enumerated, such bids
may he rejected.
2 LOCAL CO\DITIONS
Bidders shall read the Specif:ca:ions, examine the Plans, and make their own estimates of the
existing facilities and the diffic.aties which will attend the execution of the work called for by the
proposed Contract, including local conditions, uncertainty of weather, and all other contingencies.
Bidders shat: satisfy themsehes by personal examination of the location of the proposed work, and by
such means as they ma} choose, as to actual conditions and requirements. Information derived from
the Plans and Specificat.ons or from the Engineer or his assistants shall not relieve the bidder of this
responsibility.
3. PROPOSAL GUARANTEES:
Proposals must be accompanied F} either a certified or cashier's check, drawn on a National
Bank or a bank having membership in the Federal Reserve System, or a Bid Bond executed by a
satisfactory Surety The proposal guarantee shall he in an amount not less than five (5) percent of the
hid and made payable to :he Ccmtract:ne Authority to whom the Proposal is made. A lesser amount
wit] not he acceptah:c
The
proposa: guarantee.
or other hid
qualifications, shall he sealed in a
separate
envelope firmly
attached to
the outside of the
sealed Proposal.
The outer
envelope shall he
opened
first, and if the
documents
are not found to he
in order, the
scaled Proposal
shall be returned
to the bidder unopened.
The amount of any check or bond shall he retained by the Contracting Authority as liquidated
damages in case the bidder rcglcets ci refuses to enter into a contract and to furnish the required
ITB - 1
contract bond within ten (10) days after the prescribed contract and bond forms are presented for
signature.
Checks of unsuccessful bidders will be returned immediately after a contract has been executed.
4. PROPOSALS:
(a) Proposals shall be strictly in accord with the prescribed forms, furnished with the
Specifications. Any modifications or deviations therefrom may be considered sufficient cause for
rejection.
(b) The bidder shall state in words and figures the lump sum and unit prices for which he
proposes to do each item of work covered by the Proposal. In case words and figures do not agree, the
words shall govern and the figures shall be disregarded.
(c) It is to be understood that the lump sum required in the Proposal is for the furnishing of
all materials required to be furnished and the doing of all work required under these Contract
Documents, including items for which no quantities are given, and the quantities given in the "List of
Variable Quantities" at the end of the Proposal. The "Unit Prices for Variation of Quantities" required
are for adjustment of the "Basic Bid" by reason of variation of actual variable quantities from the
quantities given in the "List of Variable Quantities". In case unit prices are not required, it is to be
understood that the lump sum required in the Proposal is for the furnishing of all materials required to
be furnished and the doing of all work required under these Contract Documents.
(d) Proposals must be signed, in writing, by an individual authorized to bind the bidder.
(e) Proposals must be submitted complete, with all other Contract Documents in their original
bindings as furnished by the Engineer. They must be submitted at the place and on or before the time
specified in the Advertisement for Bids.
(0 Proposals must be submitted in sealed envelopes addressed to the Contracting Authority,
and clearly marked on the outside of the envelope, "Proposal for Construction Contract" to be opened
at (date and time). The Bidder's current Arkansas Contractor's license number must be marked on
the envelope.
(g) The Contracting Authority will not consider bids covering only a portion of these
Specifications.
(h) The unbalancing of bids will not be tolerated. Evidence of material unbalancing will be
considered cause for rejection.
(i) The Owner reserves the right to reduce the amount of items at the unit price for each as •
shown in the Contractor's proposal to match budgeted funds.
ITB - 2
0
5. MODIFICATION OF BIDS
No modification of bids already submitred will be considered unless such modifications are
received prior to the hour se: for opening.
6. BID BONDS. CONTRACT BONDS. AND INSURANCE:
Attention of bidders is called to Act S2 of :he 1935 Acts of the Arkansas General Assembly.
which requires tha: all bid bonds. performance bonds, labor bonds, employer's liability insurance,
public liability insurance, workmen's col:ec:ihe insurance, and properly damage insurance must he
secured through resident agen:s of Arkansas.
7. CLARIFICATION OF CONTRACT DOCUMENTS:
If any person contemplating submitting a hid for the proposed contract is in doubt as to the
true meaning of any part of the Plans. Specifications, or other proposed Contract Documents, he may
submit to the Engineer a written request for any interpretation thereof. The person submitting the
request wv] be responsible for its prompt deli' cry An interpretation of the proposed Documents will
• he made only by at Addendum duly issued, and a copy of such Addendum will be mailed to each
person who has previous!) secured or who subsequently secures a set of Documents The Contracting
Authority will not be responsible for any ether explana:ions or interpretations of the proposed
Documents.
8. EXECUTION OF CONTRACT DOCUMENTS:
Following the award and within ten (1G) days, prodded for in the Proposal, the successful
bidder shall properly execute five (5) counterparts of the Contract Documents.
9. BASIS OF A\VARD
Bids will he considered on the basis of the total bid price or prices given in the Proposal In
the event Unit Prices are regLired they wig not be considered except that evidence of serious
unbalancing of the Unit Prices snaL he considered cause for rejection of bids.
The Contract(s) will be awarded :o the bidder (or bidders in the case of more than one
Schedule of Work) submi:ting :he lowest and best bid (or combination of bids), considering the
Contractor's experience and ahilil tc do the work, and the character and quality of the equipment he
proposes to furnish, The Contracting Authori:y resenes the right to select such bids or combination of
bids which in its opinion wou;d sent its interest best.
• The Contracting Authority resents the right to select between any Alternatives in the
Proposal.
ITB - 3
,_I
{
�
n
•
10. EXCEPTIONS TO INSTRUCTIONS TO BIDDERS:
If this contract is less than $2O,000.00 the following exception applies:
The Contractor is not required to be licensed under the terms of Act 150 or the 1965 Acts of
the General Assembly.
11. TIME OF COMPLETION AND LIOUIDATED DAMAGES:
Bidder must agree to commence work on or before a date to be specified in a written "Notice
to Proceed" of the Owner and to fully complete the project within 90 consecutive calendar days
thereafter. Liquidated damages are hereby set at $200 per calendar day.
12. NOTICE OF SPECIAL CONDITIONS:
Attention is particularly called to those parts of the contract documents and specifications
which deal with the following:
(a) Inspection and testing of materials.
(b) Insurance requirements. •
(c) Wage rates.
(d) Special equipment which the Contractor must use on the job.
13. SAFETY STANDARDS AND ACCIDENT PREVENTION:
With respect to all work performed under this contract, the Contractor shall:
1. Comply with the safety standards provisions of applicable laws, building and construction
codes and the "Manual of Accident Prevention in Construction" published by the Associated General
Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public
Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as
published in the "Federal Register, Volume 36, No. 75, Saturday, April 17, 1971.
2. Exercise every precaution at all times for the prevention of accidents and the protection of
persons (including employees) and property.
3. Maintain at his office or other well known place at the job site, all articles necessary for giving
first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital
or a doctors care of persons (including employees), who may be injured on the job site. In no case
shall employees be permitted to work at a job site before the employer has made a standing
arrangement for the removal of injured persons to a hospital or a doctors care.
ITB
CHANGE ORDER
THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL
PROVISION OF THE CONTRACT SHALL APPLY THERETO:
OWNER: City of Fayetteville
113 W. Mountain Dr.
Fayetteville, AR 72701
ARCHITECT/ENGINEER
ETC ENGINEERS. INC.
1510 South Broadway
Little Rock. AR 72202
CONTRACTOR:
Pagel of 2
CHANGE ORDER NO:
PROJECT: Drainage Improvement.
Cedarwood Subdivision
PROJECT NO:
DA
CONTRACT DATE:
THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES IN THIS CONTRACT:
Item
No.
Description of Change
Quantity
Unit
EA.
Unit
Price
Decrease
in
Contract
Increase
in
Contract
Total (INCREASE)(DECREASE)(UNCHANGED)
Not valid until signed by Owner and Architect/Engineer.
1(.
Page 2 of 2
The original (contract sum) was $
Net change by previously authorized change order $
The (contract sum) prior to this change order was $
The (contract sum) will be (INCREASED)(DECREASED)(UNCHANGED)
by this order $
The new (contract sum) including this change order will be $
The contract time will be(INCREASED)(DECREASED)(UNCHANGED) by (_) calendar days.
AUTHORIZED:
ENGINEER: Date:
9
CONTRACTOR: Date:
OWNERS REPRESENTATIVE: Date:
0
0
NOTICE TO PROCEED
Dated
To:
OWNER'S PROJECT NO.
PROJECT Drainage Improvements -Cedarwood Subdivision
OWNER'S CONTRACT NO.
CONTRACT FOR Drainage Improvements
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0
You are notified that the Contract Time under the above contract will commence to
run on . By that date, you are to start performing the Work and your
other obligations under the Contract Documents. Note that working
days are allotted for Contract completion.
Before you may start any Work at the site, you must deliver to the Owner (with
copies to the Engineer) certificates of insurance which are required to purchase and
maintain in accordance with the Contract Documents.
Work at the site must be started by
Documents.
as indicated in the Contract
City of Fayetteville
(OWNER)
By
(AUTHORIZED SIGNATURE)
(TITLE)
DETAILED SPECIFICATIONS
PART I - CONTRACT STIPULATIONS
I-1. DRAWINGS AND SPECIFICATIONS
The Drawings show the proposed location and details of construction. All work
shall be done in workmanlike manner in accordance with the Drawings and with these
Specifications.
These detailed Specifications are drawn with the object of securing first-class
workmanship and materials throughout the work embraced in this contract and of
securing completed structures properly and well constructed, with regard to all local
conditions.
The detailed Drawings consist of (11) sheets generally titled, and subtitled as
follows:
DRAINAGE IMPROVEMENTS
CEDARWOOD SUBDIVISION
TITLE SHEET NO.
COVER SHEET 1
INDEX/VICINITY MAP 2
KEY MAP 3
PLAN / PROFILE 4-7
CROSS SECTIONS 8-9
DETAILS 10-11
The contractor will be furnished sufficient copies of Drawings and Specifications for
use in administration and prosecution of the work.
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1-2. EXTENT OF WORK
It is mutually agreed and understood that the Contractor will furnish all tools, labor,
equipment, materials, and supplies required to be furnished, and will construct and
complete all work shown on the Drawings and required in these Specifications.
Any work or materials not specifically mentioned in the Specifications, but
designated on the Drawings or fo:-ming an essential part of the work mentioned or
designated, shall be furnished as though specifically mentioned. The work consists of
new and replacement storm sewer lines, ditch construction and related drainage
structures.
I-3. PLANNING AND EXECUTION OF THE WORK
1. General Requirement: The work included under these Specifications shall be
so planned and executed that the various portions of the Work will be carried on
concurrently and/or in logical sequence; and all Work completed within the time
allowed.
2. Interference With Existing Utilities: The Work shall be so planned and
undertaken such that there will be no need for interruption of the operation of the
existing utility systems.
I-4. ENVIRONMENTAL ASPECTS
1. General Requirement: The Work shall be so planned and executed so as to
be in full compliance with the requirements of the Arkansas Department of Pollution
Control and Ecology and with the Federal Environmental Protection Agency.
2. Siltation Control: The Work shall be so planned and executed so as not to
cause excessive siltation of adjacent streams or storm sewers. Barriers will be
constructed so as to intercept run-off from the construction site and prevent excessive
quantities of "muddy" water from flowing from the construction site into adjacent areas.
3. Dust Control: During season of dry, dusty conditions at the construction site,
the Work shall be so planned and executed so as to minimize the dust problem.
Contractor will provide, at no additional cost to the Owner, necessary water distributor
to water the construction site, haul roads, and any other disturbed areas so as to prevent
undue dust problem within the vicinity.
1-2
Water for such dust prevention procedures will be obtained and paid for by the !
Contractor.
4. Noise Control: The Work shall be so planned and executed as to minimize
noise on the construction site. All appropriate measures for noise control as required
by applicable OSHA standards will be enforced.
1.
Furnished by
the
Owner: No equipment or
materials will be
furnished by the
Owner to the Contractor.
All necessary materials
and equipment
as required to
construct the project will be
furnished and installed by
the Contractor.
1. Schedule by Contractor: Before Work is started, the Contractor shall submit
to the Engineer for approval a detailed progress schedule indicating the sequencing of
Work, time of starting and anticipated completion of each part, and any unusual or
critical aspects of the construction scheduling. The typical "bar graph" will be suitable.
I-7. PRECONSTRUCTION CONFERENCE
1. Specific Requirement: Within four (4) days after the signing of the contract
and before the issuance of the Notice to Proceed, a preconstruction conference will be
attended by representatives of the Contractor (including Project Superintendent), the
Owner, and the Engineers. The conference will be called at a specific time and date by
the Owner.
1. Plans to Contractor: The Owner will furnish the Contractor four (4) sets of
full-sized Plans and four (4) sets of Specifications at no cost. Additional sets will be
provided at the cost of reproduction and delivery.
2. Plans to Subcontractors: The Owner will furnish to any bonafide
Subcontractor two (2) sets of Plans and two (2) sets of Specifications at no cost.
Additional sets will be provided at the cost of reproduction and delivery.
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1. General Requirement: All materials and equipment used in the construction
of the Work shall be subject to inspection and tests in accordance with accepted
standards; either as designated within these Specifications or as deemed appropriate by
the Engineers.
2. Testing Laboratory: The testing laboratory or inspection agency will be
selected by the Owner.
3. Rejection of Materials: Materials of construction, particularly those upon
which strength and durability of structures depend, shall be subject to inspection and
testing to establish conformance with Specifications and suitability for uses intended.
The Owner, upon advice of the Engineer, may reject any materials or equipment that
do not conform to these Specifications or pass appropriate tests.
4. Horizontal and Vertical Control: The Contractor will be responsible for all
final grade control, setting laser grade beam equipment, checking for establishment of
• proper grade, and angle and all other Work associated with layout and horizontal and
vertical control.
I-10. PROTECTTON OF MATERIALS AND EQUIPMENT
The Contractor will protect all critical equipment, materials, and other
components from exposure to the weather and damage from sun, rain, snow, water,
wind, dust, or any and all other contaminants; during the process of unloading,
handling, hauling, storage, and installation. All materials and equipment will be
protected from the damage by vehicular traffic on the sites and when "strung" along the
trench routes.
Written notices when required by the Contract, or for the purposes of administration of
the Project, will be mailed certified mail, return receipt requested:
a. If to the Owner at: City of Fayetteville, Department of Public Works, 113 West
Mountain, Fayetteville, Arkansas 72701.
b. If to the Engineers at: ETC Engineers, Inc., 1510 South Broadway, Little Rock,
Arkansas 72202.
I-4
c. If to the Contractor at: Address as Stated in his Proposal.
s JI P i! . t
The Engineer will be responsible for as -built drawings for changes made by the
Engineer. However, where a substitution proposed by the Contractor is acceptable to
the Engineer but, in the opinion of the Engineer, renders the original contract drawings
concerning that item decidedly inaccurate, the Contractor shall bear the cost of having
the original contract drawings revised to the point that, in the opinion of the Engineer,
they are technically accurate, reflect actual conditions, and are commensurate with the
quality of the balance of the set of contract drawings for the work.
Strict compliance with all rules and regulations established by OSHA will be
maintained. Any deviations from these rules will be ample justification for the
Engineer to immediately shut• down all work activity by the Contractor until the
situation is corrected.
I-5
0 DETAILED SPECIFICATIONS
' :_:.. 1 J y_M. s M
11-1. EXCAVATION All excavations shall be carried out accurately to the line
and grade shown on the plans by the Engineers. When excavations are carried
below or beyond that shown on the Plans, the space shall be filled with gravel
compacted to 95% density (standard proctor) or with Class "B", in accordance with
the Engineer's instructions.
Where necessary to protect the labor, the work, or adjacent property, the
Contractor shall provide and install shoring. Such shoring shall remain in place
until the backfill has proceeded to a point where it can be safely removed, except
that, if in the opinion of the Engineer, damage is liable to result from withdrawing
shoring, it shall remain in place.
All excavation shall be dewatered before any construction is undertaken
therein. Concrete shall be placed only upon dry, firm foundation material and pipe
shall be laid only in dry trenches. Excavation for manholes and other accessories
shall be sufficient to leave at least twelve (12) inches in the clear between their
outer surfaces and the embankment or timber which may be used to protect them.
The excavation of trenches shall not advance more than one hundred (100)
feet ahead of the completed pipe work and backfill, except by permission of the
Engineer.
These items shall consist of forming of levee embankments and for all
operations necessary for the formation and compaction of embankments, all in
accordance with these Specifications and in conformity with the grades, alignment
and cross sections shown on the plans. The Contractor will need to borrow earth for
the construction of the levees.
1. Using materials approved by the Engineer, the Contractor shall
construct the embankment in layers not to exceed 24 inches in depth.
Prior to placing successive layers the contractor shall compact placed
materials to 90% optimum density as determined by a Standard
Proctor Test. A test will be required, at the Contractor's expense, for
each layer of backfill. If the backfill fails the test, costs of additional
• tests shall be performed at the Contractor's expense. Each layer will
be allowed to set for a minimum of 7 days before successive layers can
be placed. Upon placing each layer, the contractor will keep side
slopes shaped to design slopes as near as possible. Each fill layer shall
be approved by the Engineer prior to the construction of the next
layer of embankment.
2. After the final layer has been placed, the Contractor shall let the
excavation and backfill sit for a minimum of 14 days. After the 14 day
period has elapsed, the Contractor will be required to dress the side
slopes and crown of the embankment to conform to the design cross
section. Dry material available from trimming of side slopes may be
used to final dress the embankment crown or to raise low areas. After
final dressing of embankment area, the seeding and fertilizing shall be
performed.
3. The Contractor shall be responsible for the stability of all
embankments and levees made under the contract until final
acceptance of the work and shall bear the expense of replacing any
portions due to slides, slips or unusual sedimentation.
t : J • . hsi, . • ' 1' _ :tea ): e 1:
This section covers the removal of all materials of whatever nature necessary
for the construction of pipe culverts, storm drainage piping, headwalls, inlets and
other concrete drainage structures, and retaining walls. Excavation described
herein, will not be measured for separate payment, but shall be considered
subsidiary work pertaining to the involved items of the contract. All work shall be in
accordance with details shown on the Plans, or as directed by the Engineer and with
these Specifications.
Trenches for pipe shall be of the width and depth necessary for the proper
installation of the pipe. Under no circumstances shall the trench width from the
bottom of the trench to an elevation twelve (12) inches above the top of the pipe
exceed the maximum width as specified in the Plans.
Width of pipe trench shall be adequate for
the
installation of the pipe and
make-up of joints, but in
no case shall the width of
the
trench at the top of the pipe
be wider than the outside
diameter of the pipe plus
two
(2) feet.
The bottom of the trench shall be accurately graded so that the pipe will be
continuous and uniform contact with and have a longitudinal bearing on
undisturbed soil for the full length of the pipe, except for such distance as necessary
for adequate bell holes and proper sealing of the pipe joints.
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If the soil at the bottom of the trench is
to properly support the pipe, or if the trench
excavate below the lower extremity of the pipe
or crushed stone thoroughly tamped into pla
crushed stone used for this purpose shall not
Details in the Plans).
11-4. BEDDING FOR All. PIPE
mucky or if the subgrade is too soft
is in rock cut; the Contractor shall
and place a cushion of sand, gravel
oe to receive the pipe. Gravel or
exceed 3/4" in size. (See Bedding
All pipe will be laid with bedding as shown in the typical pipe trench details
on the Plans. Contractor's attention is called to Section II -3, Excavation Trench for
Pipe, for circumstances that require additional trench depth before preparation of
bedding.
Special bedding will be required where the bottom of the trench is too soft to
support the pipe OR where a cushion must be provided between the pipe and a rock
trench bottom. Where these conditions exist, excavation shall be carried below plan
depth to the depth shown on the plans and shall be backfilled with selected bedding
• material, tamped into place, to the springline of the pipe. The lower portion of the
bedding upon which the pipe rests shall be shaped to the bottom quadrant of the
pipe.
Bedding gravel shall conform to the requirements for fine aggregate as
specified in SECTION 11I 3 - Concrete Aggregates, of the Specifications. It shall be
used to cushion between the pipe and rock trench bottoms where no free running
water is encountered.
So as to properly control the amount of bedding material as required, the
Contractor will avoid "overcutting" the trench depth, and will attempt to maintain
trench widths and bedding depths as nearly as possible to those shown in the special
details on the Plans.
Bottom of the trench shall be kept free of surface water until backfilling has
progressed to an elevation not lower than twelve (12) inches above the top of the
pipe.
Special bedding and removing soft subgrade for replacement with special
bedding material will not be measured for separate payment but will be considered
subsidiary work pertaining to the pertinent items of the contract.
11-3
+_ m
All trenches and excavation shall be backfilled immediately after the pipe is
laid or the structure completed, using methods which will not disturb the pipe or
structure. Material used for backfilling shall consist of the excavation or borrow of
sand, gravel, or other material approved by the Engineer, and shall be free of trash,
rock, lumber, or other debris.
Bedding and primary backfill (to a point 12" above the top of the pipe) for
storm sewer pipe shall be as specified under "Bedding for All Pipe", and in
accordance with details on the Plans.
All trenches across roadways or parking areas shall be tamped for the entire
depth of the trench, or may be flooded to produce maximum settlement as soon as
practical after backfilling. The Contractor shall make provision for quantities of
water adequate for flooding. After settlement occurs, trenches shall be refilled and
smoothed until all trench backfill permanently conforms to the surface of the
ground. Where flooding is impractical and subsequent settlement cannot be
permitted, backfill shall be placed in layers not to exceed six (6) inches in thickness
and compacted with mechanical impact compactors.
All excavated material which is unsuitable for backfill. shall be removed from
the site. Surfaces shall be cleaned up, all hummocks and piles smoothed down and
the surface left neat and workmanlike. Where existing drainage ditches are
disturbed or obstructed with excavated material such material shall be entirely
removed and the ditch left true to original line and grade. Street shoulders, if
disturbed, shall be restored to their original contours.
Trenches outside the public right-of-way will be neatly graded -up and left
slightly "over -full" so that subsequent settlement will leave the route level with the
surrounding terrain. Trench on public property shall be filled and refilled as
necessary to provide a smooth, well -graded appearance.
All backfill shall be settled and consolidated until further settlement will not
occur. It is the intent of this Specification that the Contractor shall be responsible
for settlement of backfill in all work covered herein. He shall refill trenches and the
excavation around structures as often as necessary to bring them back to original
grade or finished grade, as the case may be, and during the period when settlement
is occurring shall refill them frequently enough to avoid hazard or inconvenience.
Samples for laboratory tests and field determination will be taken by an
acceptable soil laboratory. A separate batch of soil shall be used for each
compaction test specimen. No Material shall be reused for tests. All testing shall
be at the expense of the Contractor. The Contractor shall not be entitled to
additional compensation because of any test or determination. A total of three (3)
separate test may be requested by the Engineer. Any testing (excluding retesting as
a result of failure) over 3 tests will be paid for by the Owner.
Backfills will not be measured for separate payment but shall be considered
subsidiary work pertaining to the several items.
iuzq'gi'•i.; • 1 si LtC t.)a'i•I• •
In the transportation, unloading, and handling of the pipe, the pipe shall not
be dropped, let roll and collide with another pipe, or be subject to any unnecessary
jar, impact, or other treatment that might crack or otherwise damage the pipe.
All pipe shall be carefully inspected at the time of delivery and unloading at
the job site. Any damaged pipe shall be marked and stacked separately for removal.
During unloading operations all pipe fittings shall be carefully lowered from the
transport vehicle by suitable tools or equipment in such manner as to prevent
damage to the pipe, pipe coating, and/or pipe lining.
Pipe may be strung along the construction route at the discretion of the
Contractor provided such action does not present a hazard to traffic nor prevent
normal access to individual properties.
Where the Contractor elects to store pipe at various locations other than
along the construction route, the Pipe shall be carefully stacked in layers not to
exceed six (6) feet in height with 2/4 inch timber between each layer. The pipe shall
be blocked a the ends of each row to prevent rolling. The bottom layers shall rest
heavy timbers to prevent dirt or rubbish from entering the on pipe. Each size
and/or class shall be stacked separately. NO PIPE SHALL BE STORED ON
PRIVATE PROPERTY WITHOUT WRITTEN PERMISSION FROM THE
OWNER. All sites for pipe storage shall be approved by the Engineer.
1 a /h ' 1' 1► �G ► Y.
All pipe shall be carefully lowered into the trench, piece by piece, by means
of mechanical equipment, rope, or other suitable tools or equipment, in such
manner as to prevent damage to the pipe. UNDER NO CIRCUMSTANCES
• SHALL PIPE OR ACCESSORIES BE DROPPED INTO THE TRENCH. Before
lowering into the trench, and while suspended, the pipe shall be carefully inspected
II -5
for defects. Any damaged, defective, unsound pipe shall be rejected and removed
from the construction area.
Before laying the pipe, the bottom of the trench shall be carefully graded and
prepared and bell holes excavated so that the pipe shall have uniform support along
its entire length. All pipe shall be laid with bell up -grade. Each pipe shall be laid to
the line and grade given by the Engineer, using laser grade light, or other methods
approved by the Engineer. Each pipe as laid shall be checked for line and grade.
The accuracy of the finished line and grade of the pipe shall be obtained in
preparation of the subgrade. Care shall be taken that each spigot is properly
centered in the bell of the preceding pipe and that each pipe is properly centered in
the bell of the preceding pipe and that each pipe is solidly bedded so that settlement
will not subsequently occur. As the work progresses, the interior of the pipe shall be
cleared of all dirt and superfluous material of every description. Ends of pipe shall
be temporarily closed at the end of each day's work.
Laying and backfilling of all lines laid in trenches shall follow the excavation
of trenches as closely as practicable. Not more than 100 feet of trench shall be
opened in advance of pipe laying without authorization by the Engineer. Water
shall not be allowed to accumulate in trenches while pipe is being laid. Work on
sewer pipe crossing roads shall be done in such manner as to interfere as little as
possible with the movement of traffic on the roads.
Pipe joints shall be assembled in strict accordance with the manufacturer's
recommendations, using proper gaskets and lubricants. All surfaces of the joint
shall be cleaned before the pipe is laid and the joint started.
Whenever it becomes necessary in excavating for trenches to disturb special
surfaces, such as paved or gravel streets, drives, walks, or parking areas, the original
surface shall be restored after completion of the backfill operation. In these
instances, special care shall be used in making the backfill to eliminate future
settlement. The surface shall be restored using the same type of surfacing materials
that were used in the original surfacing. Asphaltic replacement to be minimum
thickness of 3 inches; and concrete replacements to be a minimum thickness of 6
inches; unless otherwise shown on the Plans. All asphaltic material to be "hot mix".
Backfill of trench lying
across and
within roadways shall be
in strict
accordance with the applicable
provisions
of the "Backfill" section
of these
Specifications. The condition of
the backfill,
with special regard to the
degree of
compaction, shall be checked and approved by the Engineer before any surfacing is
placed over the backfill.
Any asphaltic or concrete surfacing replacement will be placed on a
minimum of 12" thickness of compacted granular base course material (SB-2).
Compaction of base course material to be with mechanical impact compactors.
The replacement of special surfacing shall follow as soon as practical after
the completion of the backfilling operation so as to restore the roadway to its
original condition and traffic capacity. If in the opinion of the Engineer the
replacement of surfacing is lagging, be may at his discretion, stop the pipe laying
operation until the replacement of surfacing proceeds in a satisfactory manner.
Immediately prior to replacing asphalt or concrete pavement or surfacing, a
chalk line shall be made along both sides of the trench at the proper width, and the
pavement trimmed along a straight and vertical line.
II -9. CROSSING AND PAR AI T FLING EXISTING U iii 1 I IF
The construction of storm sewer lines will require crossing and paralleling
existing utilities including water lines, natural gas lines, storm drains, sewer line and
buried telephone cables.
The known locations of such utilities are shown in their approximate location on the
Plans, but the location of individual water, telephone, and gas services are not
shown.
The owner of each utility line shall be contacted by the Contractor prior to
the construction of any crossing or parallel construction in close enough proximity to
the utility to possibly cause damage to it.
The cost of all work as occasioned by the requirements of this section of the
Specifications will be included in the appropriate contract unit prices for pipe, and
no separate or special payment will be made.
1 1 I FOR 1 • •
•I R
Clearing operations will be kept to the absolute minimum width as required
for the proper stringing, handling, and installation of pipe and structures.
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A..
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All tops, limbs, logs, and other debris resulting from the clearing operations
will be properly disposed of by the Contractor, and will not be "pushed aside" onto
the lands adjacent to the route of the sewer lines.
Much of the work under this Contract is within the Common Property of
Cedarwood Subdivision. Any tree clearing in these areas or in previously dedicated
easements must be approved by the Transportation Manager prior to
commencement of the clearing.
1 �_.�• • • •• • • 1.1 '1' •��
Removal and disposal of the existing pipes and concrete structures will be
the responsibility of the Contractor. No materials will be returned to the Owner,
and all disposals will be made off site. Removal and disposal of the existing pipe
and structures will be considered subsidiary to the various other items of the
Contract.
Preparation for replacement of the pipe lines and concrete structures will be
performed in the same manner as if the work was completely new. 0
New corrugated metal pipes are to be tied into existing concrete inlets. The
existing pipes (all CMP) are to be removed and disposed of in accordance with
Section II -11 of these Specifications.
The concrete wall of the existing inlet is to be broken out to provide a gap
around the new pipe of at least 4 inches. Reinforcing exposed by the break-out
operation is to be straightened to approximately its original alignment and cut to
provide a gap of two inches minimum from the end of the reinforcing to the outside
surface of the new pipe. The existing reinforcement thus cut and straightened is to
be cleaned of corrosion and any remaining residue from the old concrete. Once the
new pipe is placed and braced to the vertical and horizontal alignment as shown on
the Plans, a number 4 size reinforcing bar is to be bent into a hoop with a minimum
clearance of two inches from the outside surface of the new pipe and the existing
remaining inlet wall is to be filled in with concrete grout. The concrete components
and grout shall be in conformance with all other applicable sections of these
Specifications. The tie-in procedure is illustrated by the detail on Sheets 7-8 of the
Plans. Payment will be made on a per each basis, depending upon the diameter of a
the new pipe to be tied -in, and at the Unit Price bid.
II
1. Concrete shall be composed of Portland cement, fine and coarse
aggregates and water proportioned in keeping with the following:
(1) Minimum sacks of
cement/cu. yd.
(2) Consistence range
in slump, inches
Class A Concrete
6
2-4
Class B Concrete
5
2.4
2. Proportioning of concrete shall be by weight except that water may be
measured by volume. The weight to volume equivalent for cement and water shall
be as follows:
(a) A one (1) cubic foot sack of Portland Cement will be considered as 94
pounds in weight.
(b) A gallon of water will be considered as weighing 833 pounds.
3. Class A concrete made with ordinary Portland cement shall have a
minimum compressive strength at twenty-eight days (28) of 3000 psi. Class B
concrete made with ordinary Portland cement shall have a minimum compressive
strength at twenty-eight (28) days of 2,500 psi. If made with high -early -strength
cement, these strengths shall be attained at the age of seven (7) days.
II -14. MIXING OF CONCRETE
1. On site mixing
(a) Concrete shall be mixed thoroughly in a batch mixer of a type designated to
insure uniform and thorough distribution of the materials throughout the
mix. Its size shall be such as to produce a volume of concrete consistent with
demands of structural pours. It shall be equipped with a water measuring
device for accurate measurement of water. Charges of cement shall be by
full sacks of cement; the use of fractional sacks or reclaimed cement will not
be acceptable.
(b) All concrete shall be mixed for a period of not less than one and one-half (1
1/2) minutes after all materials, including the mixing water, shall have been
11-9
placed in the drum. The entire contents of each batch shall be discharged
from the drum before any material for the succeeding batch is placed therein.
When the mixing operation for each period is completed, the mixer drum
shall be cleaned thoroughly. Concrete shall be deposited within thirty (30)
minutes after it is mixed.
(c) If the Contractor elects to use a central mixing plant, he shall provide
sufficient hauling equipment, properly designed to prevent segregation and
loss of mortar, and to permit discharge without segregation. When the
hauling and placing operations for each period are completed, the hauling
equipment shall be cleaned thoroughly.
2. Ready Mixed Concrete
(a) Ready -mixed concrete may be used at the option of the Contractor if
acceptable concrete is delivered. Ready -mixed concrete shall conform to
ASTM Standard C 94 and to applicable portions of these Specifications for
on -site mixing. The concrete shall be delivered and placed within one.(1)
hour after all materials, including mixing water, shall have been placed in the
mixing drum.
(b) The Contractor shall obtain from the supplier of the ready -mixed concrete
the supplier's agreement to inspection by the Engineer, to the full extent
deemed necessary by the Engineer.
3. Critical Temperature
(a) Concrete shall not be mixed and placed when a descending temperature is
less than 40 degrees F., or a rising temperature is less than 35 degrees F.
Temperatures shall be taken in the forms or other points of concrete
placement. Concrete shall not be placed when there is frost or ice on forms.
In the mixing of concrete, particles of frozen aggregate shall not be used.
(b) If the Contractor desires to overcome the restriction next above, with respect
to the stated temperature, he shall provide beating equipment adequate to
maintain a temperature surrounding the concrete of not less than 40 degrees
F. The Contractor shall be responsible for any defective work, and shall
replace such work at his own expense.
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11-10
• 11-15. PLACING CONCRETE
1. General
(a) Concrete shall be placed only upon firm surfaces that are free from frost, ice,
mud, and other detrimental substances.
(b) Concrete shall be placed in such manner as to avoid segregation. Concrete
shall be deposited as closely as feasible to its final position. Concrete shall
not be dropped freely for distances greater than two (2) feet.
11-16. CURING OF CONCRETE
Immediately after placing or finishing, concrete surfaces shall be protected
against moisture loss.
II -17. SEEDING OF PIPE LINE ROUIES
Seed shall be applied to the pipe routes and any other areas directed by the
Engineer. Subject to the seasonal limitation stipulated in the "Seed" section of these
Specifications, seeding shall be undertaken as soon as feasible after completion of
the grading operations.
Prior to or during the tillage operation, the ground surface shall be cleared of
all large stones, roots, and any other material which might hinder proper seeding or
subsequent maintenance.
The area to be seeded shall be tilled to a depth of approximately 2 inches by
plowing, disking, harrowing, or other approved method until the condition of the
soil is acceptable to the Engineer. The surface shall be dragged or shaped as
necessary to be in accordance with the finish grading.
Fertilizer and seed shall be distributed by some method which will give
reasonably uniform distribution. Fertilizers shall be applied at the rate of 500
pounds of 12-12-12 fertilizer per acre and shall be incorporated to an approximate
depth of 2 inches. Fertilizer may be applied in connection with the last part of the
tilling operation.
In general, water shall be applied initially as soon as feasible after the sowing
of seed, and in the amount directed by the Engineer. If directed by the Engineer
because of adversely dry conditions, the initial application shall be made prior to the
sowing of seed.
The seeded area shall be protected against traffic or other use by warning
signs erected as directed by the Engineer.
If at any time before completion and acceptance of the entire work covered
by this Contract any portion of the seeded area becomes damaged, or the seedlings
have been winter -killed or otherwise destroyed, and if directed by the Engineer, the
Contractor shall refertilize, reseed, and water the affected portion in the manner
herein specified for the initial operation. When the necessity of such repair does
not result from the faulty operations or negligence on the part of the Contractor, the
Contractor will be paid for the repair work at a negotiated price. The initial seeding
and fertilizer application for restoration of disturbed areas in connection with
construction under this Contract will not be paid for directly but will be considered
subsidiary to the various other items of this Contract.
II -18. REMOVE AND REPLACE EXISTING CONCRETE CURB AND
GUTtR
Removal of the existing concrete curb and gutter in connection with the
retrofitted curb inlets (see the detail on Sheets 7-8 of the Plans) will be considered
as and paid for as part of the inlet construction. Other minor amounts
(approximately 20 linear feet) of curb and gutter may have to be removed and
replaced in connection with construction under this Contract. Replacement will be
in accordance with the details shown on Sheets 7-8 of the Plans and will not be paid
for directly, but will be considered subsidiary to the other various items of this
Contract.
Concrete structures to be constructed under this Contract include curb inlets,
area inlets, junction boxes and headwalls. Concrete shall be Class A as defined in
Section II -13 of these Specifications.
All work related to concrete structures shall be in conformance with the
applicable sections of these Specifications. Additionally, the work shall be in
conformance with Sections 609, 802, 803 and 804 of the "Standard Specifications for
Highway Construction" by the Arkansas State Highway and Transportation
Department (AHTD), 1988 edition. In the case of any conflict between the AHTD
11-12
Specifications and the provisions of these Specifications, these Specifications shall
govern.
Rock riprap is to be placed at locations shown on the Plans. Portion of the
levee is to be lined with a rock riprap blanket of one foot thickness as shown on the
Plans. A transition from the aforesaid levee to the Area Inlet is to be made utilizing
a one foot thick riprap lining.
Rock riprap, including any minor excavation required and labor for
placement, will be paid for by the finished volume in place at the Unit Price bid per
cubic yard.
PI&1. ••_
This item shall include the erection of signs and barricades, and the
• maintenance of, or non-interference with, traffic as deemed necessary by the Owner
or the Engineer. The Contractor is to notify the City of Fayetteville 24 hours before
any city street is cut or barricaded. If; in the opinion of the City, traffic congestion
warrants, the Contractor may be required to hire a Flagman to direct traffic and to
maintain traffic control. The Contractor will be required to pay all costs for such
traffic control as may be required.
Maintenance of driveways shall be as approved by the Engineer. It shall be
the Contractor's responsibility to maintain adequate access to private property at all
times, except as approved by the Engineer. During the construction of driveways or
at any time that the property owner cannot use his driveway, the Contractor shall
notify the property owner when the driveway will be closed and the approximate
length of time that it will be closed. The intent is to cause as little inconvenience as
possible to private property owners. Work caused by this paragraph, including all
material and labor will be considered subsidiary to the overall Contract and not paid
for directly.
Street
cuts shall
be coordinated such that
access to
any lot within Cedarwood
Subdivision is
possible
at all times by at
least one
possible
route.
1
I
1 aryl ei • _d hr
This section covers the final clean-up of the project and includes, but is not
necessarily limited to the following items: Removal and satisfactory disposal of silt
and sediment in storm drainage and inlets, in gutters and on street and in drainage
ditches. Removal and cleaning of excessive amounts of prime, splash concrete, dirt
and other debris from sidewalks, curbs and pavements on the project. Repair of
damage to previously completed work by natural or other forces. Correction of
deficiencies found during the final inspection.
The nature of the work involved in this item requires that this work be
performed immediately prior to final acceptance. Any cleaning necessary to provide
a functional storm drainage, street or pedestrian system during the course of
construction will also be performed.
Final clean-up will not be paid for directly but will be considered as
subsidiary to the various other items of this Contract.
0
0
0
II -14
0 DETAILED SPECIFICATIONS
PART IIl - MATERIAL S AND EOUIPMENT
III -1. CEMENT AND MORTAR MATERIAL _
Cement for concrete shall be Portland cement and shall conform to
Specifications for Portland cement, ASTM C150, and shall be Type I.
Cement for masonry mortar shall be Portland cement for below grade work
and Type II masonry cement for above ground work.
III -2. WATER
Preferably water used in mixing concrete and mortar shall be potable. Water
for mixing concrete shall be clean and free from injurious amounts of oils, acids,
alkalies, salt, organic matter, or other deleterious substances. Test specimens of
mortar made from the materials and the water to be used shall develop not less than
ninety-five (95) percent of the seven (7) day tensile or compressive strength of the
same materials and distilled water.
III -3. CONCRETE AGGREGMES
Concrete aggregates shall conform to Specifications of concrete Aggregates
ASTM C33.
Standard manhole rings and covers for unsealed sewer manholes shall be 250
lb. standard cast iron ring and cover (ring plus cover to weight at least 250 lbs.).
Cover shall be a solid, non -perforated cover with "pick hole" or other suitable
indentation for lifting cover. Rings shall provide at least 22 1/2 inch diameter clear
opening. Normal rings and covers shall be as manufactured by Bass & Hays
Foundry Co., Neenand Foundry Co. or equal.
Manhole steps: Manhole steps shall be corrosion resistant steps of plastic or
fiberglass construction, at least 10 inches wide, conforming to OSHA requirements,
as approved by the Engineer.
i
f
Approval Requirement: All manhole rings and covers and all manhole steps
as proposed to be installed by the Contractor must be approved in writing by the
Engineer prior to installation of any item. Complete submittal drawings, data, and
technical information must be submitted to the Engineer for consideration, review,
and approval.
Gravel for subgrade in sewer trench shall be clean washed gravel (or crushed
stone) with 95% passing a 3/4 sieve and 95% retained on a no. 4 sieve. Sample of
gravel proposed to be used by the Contractor will be submitted to the Engineer for
approval prior to installation of any gravel subgrade material.
III -6. SEED
All seed shall be labeled in accordance with U.S. Department of Agriculture
Rules and Regulations under the Federal Seed Act. All seed shall be furnished in
sealed standard containers, unless exception is granted in writing by the Engineer.
Seed which has become wet, moldy, or otherwise damaged in transit or in storage
will not be acceptable.
The kind and quantity of seed to be furnished and planted shall be as follows:
KIND OF SEED LBS. OF PLS'
PER ACRE
Fall to Early Spring
Sept. i to Oct. 31, and March 30 to April 15
Fescue, tall (Festuca, arundinancea, variety Ky-31) 20
Bermuda grass, common, unhulled (Cynodon dactylon) 20
Total 40
Bermuda grass, common, unhulled (Cynodon dactylon) 10
Bermuda grass, common, hulled (Cynodon dactylon) 15
Total 25
`Pure live seed equals percent purity x percent germination
40
Fertilizer shall be commercial fertilizer, uniform in composition, free -
flowing, and suitable for application with approved equipment. It shall be delivered
to the site in unopened original containers, each bearing the manufacturer's
statement of analysis.
Water for grass shall be free from objectionable matter, in solution or
otherwise, which would be injurious to the seed or would inhibit the growth of grass.
Except as modified in the sentence that follows, the fertilizer shall contain
minimum percentages of plant food by weight as follows:
Available
Nitrogen
12
percent
Available
Phosphoric Acid
12
percent
Available
Potash
12
percent
Other
fertilizers having 1-1-1
ratios,
such
as 8-8-8 and 10-10-10, may be
used
provided
the equivalent quantity
of plant
food
is supplied.
0
III -8. REINFORCING STEEL
Reinforcing steel or mesh shall be in accordance with Section 804 of the
"Standard Specifications of Highway Construction" by the Arkansas State Highway
and Transportation Department, 1988 edition.
Ill -9. HOT MIX ASPHALTIC CONCRETE
Replacement of asphalt streets shall be in accordance with Section 415 of the
"Standard Specifications for Highway Construction" by the Arkansas State Highway
and Transportation Department, 1988 edition.
III -10. STORM SEWER PIPE
Al] pipe to be installed under this Contract shall be corrugated metal pipe, 16 (Aspvn1'i Wales
gauge galvanized steel. Pipe shall be in accordance with the applicable subsections
of Section 606 of the "Standard Specifications for Highway Construction" by the
Arkansas State Highway and Transportation Department, 1988 edition.
CR vc TIT •1
11
[
(A) Pipe
(1) Reinforced concrete pipe shall conform to AASHTO M 170
for circular pipe and to AASHTO M 206 for arch -shaped
pipe. Class III shall' be the minimum class of pipe used.
The joint seal shall be either cement mortar, three (3)
parts sand and one (1) part cement, or cold -applied per-
formed plastic gaskets conforming to AASHTO M 198,
Type B.
(2) All pipe for driveways shall be reinforced concrete pipe.
9
Tit a -A
Rock material furnished shall be highly durable stone. Gypsum, anhydrite,
chert, shale and soft or weathered rock shall not be used. Neither breadth nor
thickness of any piece of stone shall be less than one-third its length. Rocks shall be
of angular shape. The sources from which the Contractor proposes to obtain the
material shall be selected well in advance of the time when the material is required
in the work. If from approved sources, the name and location of the approved
quarry will suffice for the Engineer to determine if it can produce stone that
complies with the requirements of these Specifications. In such cases (approved
sources) the source shall be submitted to the Engineer at least 15 days prior to the
time when placing the stone is expected to begin. If from unapproved sources,
suitable test samples of rock protection material shall be obtained by the Contractor
for testing and approval. Costs of shipping or delivery will be at the expense of the
Contractor, testing of the initial samples will also be at the expense of the
Contractor. All retesting will be at the expense of the Contractor.
Rock shall be graded so as to
minimum percentage of voids. Rock
with 50% of the individual stones we
not meet the gradation requirements
paid for under the Contract.
produce a well graded mass of stone with a
shall have a maximum piece size of 350 lbs.
ighing more than 25 lbs. Any rock that does
shall be removed from the work and not be
Sources of Quarry -Run Stone: Approval of a source of stone material shall
not be construed as approval of all materials from that source. Certain areas of an
approved source or quarry may be rejected, at the Engineer's discretion, if those
areas are determined to produce less than the quality or gradation criteria in these
Specifications. A partial list of approved sources is provided below:
• 4') SI tsX
(1) Granite Mountain Quarries
Sweet Home, AR
(2) Crystal Hill Quarry
North Little Rock
(E.C. Rowlett Construction Co.
P.O. Box, 50, Guy, AR 72061)
(3) Freshour Construction Co.
Hwy. 5, Jacksonville, AR
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(12)
(13)
(14)
(15)
(16)
r.
Freshour Construction Co.
Hwy. 67, Judsonia, AR
Duffield Quarry
Oil Trough, AR
Black Rock Sand & Gravel Co.
Black Rock, AR
McClinton - Anchor Quarry
Avoca, AR
Table Rock Asphalt Construction Co.
Quarry #2
Reeds Spring, MO
Reed Crushed Stone Co.
Gilbertsville, KY
Flippen Quarry
Flippen, AR
O&M Quarry
DeQueen, AR
(Owner: Weyerhauser Co.)
H.M.B. Quarry
DeQueen, AR
Carter Construction Co.
Benton, AR
Black Rock Quarry
Poplar Bluff, MO
(Owner: Williamsville Stone Co.)
Black Rock Quarry
Imboden, AR
(Owner: Ben Hogan)
Souter Quarry
Souter Construction Co.
•I
•I
(located in Pope Co., AR)
(17) West Lake Quarry
Mississippi River, R.M. 46.5
Gray's Point, MO
(18) Arkola Quarries
I-40 & Hwy 60
Near Van Buren, AR
(19) Harrell Quarry
West of Mayflower, AR
(20) Western Arkansas Sandstone Quarry
2222 Stagecoach Road
Little Rock, AR 72210
Phone: (501) 455-0987
(21) Rock Products, Inc. Quarry
Heber Springs, AR 72543
(22) Seminole AG -Lime, Inc. Quarry
Shook, MO
Home Off.: P.O. Box 180, Dexgter, MO 63841
Phone: (314) 6244588
0
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TABLE C -1 .I
TIMBER TRENCH SiORIhG -- MINIMUM TIMBER REQUIREMENTS
SOIL TYPE A Pa a 25 X H . 72 psi (2 ft Surcharge)
00
DEPTH
TRENCH
HORIZ.
WIDTH
OF TRENCH FEE'
VERT.
VERT.
MAXIMUM ALLOWABLE HORIZONTAL SPACING
(FEET)
SPACING
UP TO
4
UP TO
6
JP -0
9
a TO
12
UP TC
15
SPACING
(FEET)
SIZE
(IN)
SPACING
;FEET
F(ET
UP TO
Not
s6
4X4
4*4
4*6
6Th%
4
I
UP TO
Not
TO
8
4X4
4I4
4X5
6X6
6X6
4
Re 'd
---
2X8
UP TO
10
UP TO
12
4X6
416
6X5
516
6X6
4
8X8
4
2X6
UP To
Not
10
414
4 a
X
4
UP TO
TO
8
4X6
4X6
6X6
6X6
6X6
4
8X8
4
6
UP TO
IS
2X6
UP TO
2
6X6
6X6
6X6
6X8
6z8
4
10*10
4
UP TO
15
6
6X6
6X6
6X5
6X8
6X8
4
6X8
4
3X6
UP TO
TO
8
6166X8
618
4
8I8
4
3X6
UP TO
20
#6X66X6
I
UP TO
B
8X8
8*10
4
10*10
4
X6
OVER
20
SEE VOTE 1
• Mixed oak or equivalent with a bend'ng strengt'i not less than 850 psi.
'• Manuractured members a• equivalent strergth may by substituted for woc
O
I
N
C
7
9
4
i
TABLE C-1.2
TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS .
SOIL TYPE B P - 45 X H • 72 pal (2 ft. Surcharge)
IZE (ACTUAL
utr In ROSS BRACES
N
ur nn.n_a
OF
N
VERT,
MAXIMUM ALLOWABLE HORIZONTAL SPACING
TRENCH PACIN. WDTh OF
SPACING UP TO
SPACING
SIZE:
p gr
S NL (FEET)
PACK
UP TO
VP TO
VP TO
(FEET)
(FEET) 4 6
9
12
15
(FEET)
(IN)
(FEET) CLOSE 2 3
UP TO
4X6
4)16
6X6
6X6
6X6
5
6X8
5
2X6
5 6
UP TO
TO p 6X6
6X6
6X6
6X8
6X8
5
8X10
5
UP 1T) 6X6
bX6
b%6
6%8
6X8
5
10X10
5
2X6
10 ]0
See
6X6
6X6
6X8
6X8
5
8X8
5
2X6
6X8
6X8
8X8
8%8
5
l0%IO
5
2X6
W
5
1OX12
5
2X6
6X8
6X8
8X8
8X8
5
8XIO
5 3X6
8X8
8X8
8X8
8X10
5
10X12
5 3X6
TO
n
8X1
8%10
8X10
10X10
5
I2XI2
5 7%6
20
OVLR I SEE NOTE I
i0
• Mixed oak or equivalent with a bending strength not less than 850 psi.
** Manufactured members of equivalent strength may by substituted for wood.
TABLE C -l.3
TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS A
SOIL TYPE C P - 80 X H • 72 pef (2 ft. Surcharge)
A
DEPTH
KENBAA
OF
CROSS BRACES
UPRIGHTS
TRENCH
(FEET)
HORI2.
WIDTX
OF TRENCH (FEET)
MAXIMUM ALLOWABLE HORIZONTAL SPACING
SPACING
UP TO
UP TO
UP TO
UP SO
UP 70
SPACING
SIZE
SPACING
(FEET) See Note 2)
(FEET)
4
6
9
12
FEET
IN.
(FEET)
CLOSE
UP t0
6
6X8
6X8
6X8
8X8
8X8
5
8X10
5
2x6
UP TO
TO
B
8X8
8X8
8%8
8X8
8X10
5
10X12
5
2%6
UP TO
10
10
8%10
8X10
8X10
8X:0
10X10
5
12X12
S
2X6
See
Note I
UP TO
10
6
8X6
gxe
axe
8X6
8x10
5
10%12
5
2X6
UP TO
TO
B
8X10
8X10
8X10
8%l0
10%10
5
12%IZ
5
2X6
See
15
Note I
See
Note I
UP TO
IS
6
8X10
810
8x10
8X10
10%l0
5
1212
5
3X6
TO
HNe
20
See
ot1
OVER
20 SEE NOTE I
• Mixed Oak or
• Manufactured
with a bending strength not less than 850 psi.
a fvalanr strength mav—he_ suhar1nmed for ••nna
.O
n
.e,
C
N
C
C.
r
9
a
• T:4144_YI\IU NitR\__�:N141w i°NfR P•i?i I A!41 STa
111 it Pt A V \ N rn1 ( Il Sur,h1TFt)
N
a
i
N
a
W
. ••
CEP,)
fRUrg PRArII
:rfiCHTS
OF
-R N1
AX:41 T1 AL;OwAPLE HnR1204TAL SPACING
TRENCH
40R12.F4X
fl
VF4'
VERT
F)!iIFEED
BPACIhf
It
it'T9
IP Ta
1 l-
•PA(I4C
SIZE
S"AC INN
;F4LT)
N8
LP TO
Nat
Rer
Not
Req'd
4X6
.XY
4X4
Y%4
.%h
4
.1
S
LP TO
4
4u
Repd
Pc UJTO.
SB
4X4
4x4
4X6
�.Xh
8LPTC
Yxn
YX6
tX6
6xn
4
8%B
4X6
IQ
10
LP. TC
YX6
4Xt
•Xb
hXS
6x6
Y
8%8
4
4X6
LP TO
44YXJ
•X..
6Xh
^+•
Y
Nr
Recd d
Mr,4
R.q d
4X10
IO
P
UTO
8
-%6
..X',
4X1
6%t
F%6
4
618
4
4X6
TO
P TO
.0
5X6
6xe
6Xf
6x0
'hv
4
8X8
4
4X8
S
i4 TO
6%t
5X,
hXs
tX6
h%h
Y
RXIU
4
4X6
4XiC
••
'P TO
6
6%6
4X6
6x6
FXh
AX•
6%8
4
'.X6
IS
P TO
8
6X4
6X2
6Xh
6V
4
qNs
4
e%h
4X12
To
.P TO
10
NX6
#X',
Ax5
576
iNr
4
SXIO
4
JXh
23
P;2 `n
6X6
tx,
6Xt
6X8
'Xn
4
8XI2
4
SXb
4X12
0, ER
SEE NOTE I
:C
• Oou,,las II, n• auiealtnt with a bending • trenntn not Jess a'lur 1.1.4 v,1.
as Manefacturcd ncnbvrs if rcui altnt strer¢th raw be substituted fnr word.
TABLE C -I.2
T;45ER TRE4CB SNOR:NC -- MENIMUM TIMBER REQUIREMENTS A
SOIL TYPE B P • 45 X H • 72 psi (2 ft. Surcharge)
DEPTH
>iZ >Y>! AND SPACWG OF GERS ••
OF
TRENCH
HOR:2.
WIDTH
Or TRENCH FEE
VERY.
VERY
MAXIHtJl1 ALLOWABLE HORIZO6'TAL SPACING
(FEE:)
SPAC:NC
LP TO
UP TO
L'P TO
LP TO
UP TO
SPACING
SIZE
SPAN :NG
(FEET)
(FEET)
4
6
9
:7
15
(FEET)
(IM)
FPFTCLOSE
2
3
4
6
5
LP TO
6
4X6
4X6
4X6
6X6
6X6
5
6X8
5
4x82
4%I2
LP TO
TO
8
416
4X6
616
616
6X6
5
BXB
5
)X8
4X8
UP TO
10
10
4X6
4X6
6X6
6X6
618
5
8110
5
4X8
See
Note I
UP TO
LO
6
66
6X6
6X6
6X8
618
5
8X8
5
)X6
4110
UP TO
TO
8
618
6X8
6X8
BX8
818
5
10X0
5
3X6
4X10
UP TO
IS
10
6X8
6X8
8X8
8X8
818
5
10x:2
5
)16
4XIC
See
Note 1
OP :0
IS
6
6X8
Ex$
6X8
6X8
8X6
5
SILO
5
4X6
7P TO
TO
8
6X8
6X8
618
818
816
5
10112
5
4X6
UP TO
20
10
819
8XB
8X8
818
8Xg
5
12112
5
416
See
Note I
OVER
2 SEE NOTE I
a -
9
a
O
C
C
]
6
O
O
N
C
S
v
9
- YY4lt1.r in or equteuent wtcn a bending strength not lees than ISOC psi.
e• Manufaeeured members a6 equivalent strength may be substituted for wood.
G
TABLE C -2.I
TIMBER_TR_F%CH SII)RINC -- MINIMUM TIMRE.R REQUIREMENTS
SOIL T)PF C P - R0 X H t 72 psi (2 ft. Surcharge)
DEPTH
CNa
SS bKML
OF
'\
VERT.
VERT.
HAXI MIIM ALLOWABLE HORIZONTAL SPACING
HORIZ.
RIDT
O'
(FEET)
TRENCH
SPACIyf.
UI' TO
UP TO
UP TO
er TO
UP TO
SPACING
SIZE
SI'ACINC
(FEET)
(FEET)
4
6
0
12
IS
(FEET)
FEET
CLOSF.
UP TO
6X6
6X6
6%6
6X6
8%8
5
8X8
5
7X6
6
UP TO
(X6
6X6
6X6
8X8
8%8
5
10XIO
5
3X6
To
8
UP TO
hX6
h%6
8%8
8%8
8%B
5
10X12
5
7X6
10
in
See
Note I
OP TO
6X6
6X8
6X8
8X8
8X6
5
10X10
5
4X6
10
UI i°
a
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TABLE D - 1.1
ALUMINUM HYDRAULIC SHORING
VERTICAL SHORES
FOR SOIL TYPE A
HYDRAULIC CYLINDERS
f
•
WIDTH OFTRENCH(FEET)
DEPTH
MAXIMUM
MAXIMUM
OF
HORIZONTAL
VERTICAL
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NOTE (2)
OVER
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NOTE (1)
Footnotes to tables, and general notes on hydraulic shoring, are found in Appendix D. Item lg)
Note (1): Sec Appendix D. Item (g) (1)
Note (2): See Appendix D. Item (g) (2)
TABLE D - 1.2
ALUMINUM HYDRAULIC SHORING
VERTICAL SHORES
FOR SOIL TYPE B
HYDRAULIC CYLINDERS
MAXIMUM
MAXIMUM
WIDTH OF TRENCH (FEET)
DEPTH
OF
HORIZONTAL
VERTICAL
TRENCH
SPACING
SPACING
UP TO S
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(FEET)
(FEET)
(FEET)
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5
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g
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4
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2INCH
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UP TO
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DIAMETER
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15
NOTE (2)
OVER
15
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UPTO
20
OVER 20 NOTE (1)
Footnotes to tables, and general notes on hydraulic shoring, are found in Appendix D, Item (g)
Note (1): See Appendix D. Item (g)(1)
Note (2): See Appendix D. Item (g) (2)
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Footnotes 10 able' and genera, rotes on h'druuhc •hcnnp. 4n: tound .n Appendix D. hem ig)
Notes 111 See Aopcnda D. Item I g) (II
Notes ul. Sec AtI pcndizn nu' D. rtt s Ig11:1
• Consult prcdd' I manu9cturtr and,'or yuuS!ud ergineer for Scsuon Mudulus of available Wales
TABLE D - 1.4
ALUMINUM HYDRAULIC SHORING
WALER SYSTEMS
FOR SOIL TYPE C
WALES
HYDRAULIC CYLINDERS
TIMBER UPRIGHTS
WIDTH OF TRENCH (FEET)
MAX.HORR SPACING
DEPTH
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OF
TRENCH
yyj
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SECTION
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(FEET)
(IN')
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NOTE (H
Footnotes to tahks, and general notes on hydraulic dtoring. me found in Appendix D, teem (g)
Neves (I): See Appendix D, lien, (g) (I)
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City of Fayette4tle, Arkansas
Budget Adjustment Form
Budget Year Department: Sales Tag Construction Fund
1994 Division:
Program:
Project or Item Requested: Funding is requested for the
Ccdarwood Drainage Project.
Justification of this Increase: During December 1993 the Council
Street Committee allocated the remaining City Sales Tax dollars to
several street and drainage projects. The allocation made at that
time for the Cedarwood Drainage project was $165,000. The
project has been bid and the total cost of this project is $229,301.
Approval of this adjustment will fully fund the project.
Date Requested I Adjustment #
August 16. 1994
Projector Item Deleted: None
Justification of this Decrease: Funding proposed for this request is a
portion of funding remaining from the former City sales tax ($165,000)
and additional revenue (in excess of projections) ($64,301) from the
current City sales tax.
Increase
Account Name Amount Account Number Project Number
Bridge & Drainage Improvements 229,301 4470 9470 - -- 5817 00
Transfer to -Sales Tax Construction Fund _ _ 165,000 1010 6600 7602 --_47 __-
Decrease
Account Name Amount Account Number Project Number_
Use of Fund Balance 64,301 4470 0947 4999 99 __
Transfer from General Fund 165,000 4470 0947 6602 01
Use of Fund Balance -__ _ 165,000 1010 0001 4999 99
Signatures
Requested By
Bud et djrdinator
Budget Office Use Only
Type: A B C D
Date of Approval
Posted to General Ledger
Entered in Category Log
E F
Budget Office Copy
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CHANGE ORDER NO. 1
Project Title:Cedarwood Drainage Inprovements
Project No.91045.0020 Contract No.94-23 Contract Date 8116/94
Contractor: Jerry D. Sweetser. Inc./590 Poplar St. Favevetteville
The following
changes are
hereby made to the
contract documents:
ADD:
61 L.F. of 3'x5'
228 L.F. of 30"
Electric line
DELETE
concrete
RCP @ 70.30/ft
adjustment
box culvert @ 134.00/ft
L.S.
$ 8,174.00
$16,028.40
337.30
1 Each 5'x 8'
Item #7 L.S.
165 L.F. 36"
box
from bid schedule
RCP @ 78.90
Net Increase
$ 2,300.00
7,800.00
$13,018.50
$ 1,421.20
Justification:
All the above changes were necessitated becuase of field conditions
and unforeseen utilities conflict.
Original Contract Price:
$218,381.10
As adjusted by previous:
$218,381.10
This C.O. will increase contract by:
$ 1,421.10
The new contract price will be:
$219,802.30
CHANGE TO CONTRACT TIME
The contract time will be increased by 21 calendar days.
The new date for completion of all work under the contract will be
APPROVALS REQUIRED
To be effective this change order must be approved by the Owner if
it changes thc. scope or objective of the project, or as nay
otherwise be required under the terms of the General Conditions of
the Contract.
Requested by S�i'a' r.f+ �!✓
Recommended By
Approved by Contractor
Approved by Mayor
'A
Date /y-
Date
Date __
date Y,l T
Li
RESOLUTION NO. 91 _94
A RESOLUTION AWARDING BID NO. 94-23B IN THE
AMOUNT OF $218,381.10 TO JERRY D. SWEETSER, PLUS
A CON'f]NGhNCY AMOUNT OF $10,919.00 FOR THE
CED IRWOOD DRAINAGE IMPROVEMENT PROJECT; AND
APPROVAL OF BUDGET ADJUSTMENT IN THE AMOUNT
OF $229,301.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILF.E, ARKANSAS:
SectiQn..j. The City Council hereby authorizes the Mayor and City Clerk to execute
a construction contract with Jerry D. Sweetser in the amount of $218,381.10 plus 5%
contingency amount of $10,919.00 for the Cedarwood Drainage Improvements Project. A copy
of the contract is attached hereto marked Exhibit "A" and made a part hereof.
Sec ' on 2. The City Coui:cc1 hereby approves a budget adjustment increasing Bridge
& Drainage Improvements, Account No 4470 9470 5817 00 in the amount of $229,301.00 and
Transfer to Sales Tax Construction Fend, Account No. 1010 6600 7602 47 by decreasing Use
of Fund Balance, Account No. 4470 0947 4999 99, jn the amount of $64,301.00; Transfer from
General Fund, Account No. 4470 0947 6602 01, in the amount of $165,000.00; Use of Fund
Balance, Account No. 1010 0001 4999 99, in the amount of $165,000.00. A copy of the budget
adjustment is attached hereto and made a part hereof.
PASSED AND APPROVED this 16th day of August_, 1994.
APPROVED
' J
Fred Hanna, Mayor
A"I"F'EST:
Traci Paul, City Clerk