HomeMy WebLinkAboutOrdinance 3774 C
ORDINANCE NO. '1774
AN ORDINANCE WAIVING THE REQUIREMENTS OF
COMPETITIVE BIDDING FOR THE PURCHASE OF A
CONCRETE BOX CULVERT ON THE CORNER OF PORTER
ROAD AND VALLEY DRIVE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council hereby waives the requirements of competitive
bidding for the purchase of a concrete box culvert on the corner of Porter Road and Valley for
the reason that said bidding requirements are not feasible because the existing culvert has fallen
through and created a hazard to the public.
Section 2 . If possible, competitive quotations shall be taken before any of the
aforesaid materials are purchased.
Section 3 . The City Council hereby determines that the Public Works Department
of the City of Fayetteville is in immediate need of the materials enumerated in Section 1 above
and; that the requirements of competitive bidding for the purchase of said materials is not
feasible for the reasons stated in Section 1 above; and passage of this Ordinance is necessary
to ensure the immediate repair of the hazard. Therefore, an emergency is hereby declared to
exist and this Ordinance being necessary for public welfare shall be in full force and effect from
and after its passage and approval .
PASSED AND APPROVED this5 ht- day of April 1994. _
APPROVED :
By : e�
Fred Hanna, Mayor
ATTEST:
By: Lci»
Sherry L. Thomas, City Clerk
CER'MCATB OF RECORD
State of Arkansas ( SS
City of Fayetteville
L Sherry Thomas, City Clerk and Ex-
Officio recorder for the City of
Fayetteville, do hereby certify that the
annexed or tbregoing is of record in my
office and the same arpears in
Ordinance & Resolution brtyh XX✓ 1 Ft
Rage / [ C . Wituess my ian sna
seal tne-'�s sday oof19 IL
17�p
r ?
FAA'ETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO : Fayetteville City council
THRU : Fred Hanna , Mayor
FROM : Kevin Crosson , Public Works Director
DATE : April 4 , 1994
SUBJECT : Bid Waiver for Concrete Box Culvert
This request is for the emergency replacement of a collapsing drain
tile located on Valley Drive at the intersection of Porter Road .
A 60 inch corrugated metal drain pipe is installed under Valley
Drive at Porter Road . Insufficient cover has been placed over this
tile ( 2 inches of asphalt ) . Currently , the asphalt has failed
through the repeated loadings of heavy traffic . The repetitive
flexing of the pipe has created a stress fracture at the apex of
the drain tile .
This situation has created an immediate and specific danger to
property and public safety . This road has been closed to all
traffic crossings above this drain tile . This bid waiver is
requested so that construction of a box culvert could begin at the
earliest possible time to minimize exposure to the hazardous
conditions present at this site .
I
NE-NE
� � 9
K
� 1
O
I � 1
i
— d
0 5d
d
Wd
zd
1
t �
10 32 31 30 29 28 27 26 25 24 23 22� 21 w
w :
s
w # �\ a
-- — 9 — -- - -VALLEY---- --- -- - - - DRIVE- DRIVE -- - :_ o
.. „ ,. .. .. .. .. . . , � I
J�' - - �-
W 10 II f2 13 14 14A 15 16 17 18 19 20
9 8 7 6 5 4 3 2 1
W 402
3
.d
HIGHWAY ND. 16 WEST
_ I
STATE OF ARKANSAS
ss.
County of Washington � � ,
I, eI�/C``/ t-l'rQ hereby cer-
ORDINANCERDINE Ana tify that I am the publisher of TH NORTHWEST ARKANSAS TIMES, a daily
AN ORDINANCE WAIVING Y
THE REQUIREMENTS OF newspaper having a second class mailing privilege, and being not less than four pages of
COMPETITIVE BIDDING five columns each, published at a fixed lace of business and at a fixed (daily) intervals
FOR THE PURCHASE I A. P P ( y)
CONCRETE BOX CULVERT continuously in the City of Fayetteville, County of Washington, Arkansas for more than
ON THE CORNER OF POR-
TER ROAD AND VALLEY aperiod of twelve months, circulated and distributed from an established place of business
DRIVE. to subscribers and readers generally of all classes in the City and County for a definite price
BE IT ORDAINED BY THE for each co price per price CITY COUNCIL OF THE copy, or a fixed rice r annum, which rice was fixed at what is Considered the
CITY OF FAYETTEVILLE, value of the publication, based upon the news value and service value it contains, that at
ARKANSAS: least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
Saetlon 1. That the City: newspaper or its agents or through recognized news dealers over a period of at least six
Council hereby waives the. months; and that the said newspaper publishes an averageofmore than for percent news
requirements of competitive PIY
bidding for the purchase of matter.
a concrete box culvert on
the corner of Porter Road
and Valley for the reason. I fu ther certify that the legal notice hereto attached in the matter of
that said bidding require-
ments are not ting ce be-
culvert
/ vt-w- ll l T.l ^^ n n —77q
cause the existing culvert / 7V- r-
hes fallen through and
created a hazard to the
public. was published in the regular daily Issue of said newspaper for
Section 2. If possible consecutive insertions as follows:
competitive quotations shell
be taken before any of the //��,, �
aforesaid materials are The first insertion on the Ito dayof19
purchased.
Section 3. The City Coun-. the second insertion on the day of 19
cil hereby determines that
the Public Works Depart-
ment of the City of Fayette- the third insertion on the day of 19
villa is in immediate need
of the materials enumer-
ated in Section 1 above and the fourth insertion on the
and: that the requirements day of 19
of competitive bidding for
the purchase of said mater-
ials is not feasible for the
reasons stated in Section 1
above: and passage of this
Ordinance is necessary to
ensre the immediate repair, RECEIVED C E I V E Y
Publisher / General Manager
of the emergency
i . Therefore. e -
ared to ex is hereby dec-
lared to exist and this Ordi-
nance being necessary for
public shell b in
lull forcece and entl effect from
and after its passage and
approval. FINANCE DEPT.
PASSED AND APPROVED
this 5th day of April 1994.
APPROVED:
By: Fred Hanna. Mayor
ATTEST:
By: Sherry L. Thomas
City Clerk _
Sworn to/and
� subscribed(before me on this I ( 1 " day of
19c?q _
Notary Public
My Commission Expires:
�- � n lam-,
,
Fees for Printing $ BIAS _ -
Cost of Proof
Total —$
-71
i 1.C &0FILMED - ,Z&, �
' 4 '
v
AGENDA REQUEST CONTRACT r GRANT REVIEW
For the Fayetteville City Council meeting of N / A 77
FROM :
Jim Beavers Engineering Public Works
Name Division Department
ACTION REQUIRED :
Approval of the contract with�. Mobley Construction for the concret box
culvert at Valley Drive and Porter Road .
COST TO CITY :
$ 19 , 901 . 00 $ 24 , 446 . 00 Drainage Culvert
Cost of this Request Category / Project Budget Category/ Project Name
2100 - 4130 - 5315 . 00 $ 200 . 00 Contract Services
Account Number Funds Used To Date Program Name
94074 - 1020 $ 24 , 246 . 00 Street — Drainage
Project Number Remaining Balance Fund
BUDGET REVIEW :
�Ul�^Budgeted
Item Budget Adjustment Attached
Budget boordinator Administrative Services Director
CONTRACT / GRANT / LEASE REVIEW : GRANTING AGENCY :
a
Account ' g a a er Date
4 14 5 - /) -
Cit Att rney Date
6- 10 - 9 +-
I rchasing ofvAcer Date
I ernal Audi Date - er Date
S FF RECOMMENDATION :
Mayor ' prova1 nd execution of the proposed contract .
5/o
Di Hea Date Cross Reference
Department Director Date I New Item :
S _ 1 R qq \
— I Prev Ord /Res # : (347`111' Ad �.n.rerl
Adm ii , istr iv er ic�ector Date
r Original Contract Date :
Mayor
Baf e
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To : Fred Hanna , Mayor
Thru : Kevin Crosson , Public Works Director
Don Bunn , City Engineerp�jld/ IIIUUUr���
Contract review
From : Jim Beavers , Engineering
Date : 9 May 1994 �j
Re : Replacement Culvert - Valley Drive
Please find enclosed three contracts with original signatures for
the proposed concrete box culvert .
The Street Department secured a formal bid wavier for this
project on April 4 , 1994 ( Ordinance no . 3774 , copy attached ) .
Engineering prepared plans and specifications . The Street
Department then solicited bids from contractors .
A tabulation of the bids is as follows :
Contractor Bid
McClinton-Anchor ( pre-cast option only bid ) $ 47 , 700 . 00
Sweetser Construction ( cast- in-place ) $ 41 , 380 . 00
DECCO ( cast- in-place ) $ 33 , 630 . 00
Mobley Construction ( cast - in-place ) $ 24 , 246 . 00
On Friday May 6th a meeting was held with the low bidder , Mobley ,
to negotiate the project scope under the $ 20 , 000 . 00 authority
limit . The scope was reduced ( the City will be performing the
street asphalt reconstruction ) and the price was lowered to
$ 19 , 901 . 00 . Please refer to the enclosed memorandum of record
for specifics .
Please execute the contracts and return two to Engineering .
Please call me at ext . 418 if you have any questions .
Thank you .
FAYETTEVI LLE -
THE CITY OF FAYETTEVILLE, ARKANSAS
May 9 , 1994
Ronald Mobley
Mobley Contractors , Inc .
122 W . Meadow
Fayetteville , AR 72701
Mr . Mobley ,
The City of Fayetteville has recently opened bids for a small
project to replace a drainage culvert on Valley Drive ,
Fayetteville , Arkansas .
The low bidder was Mobley Contractors , Inc . at $ 24 , 246 . 00 . The
City of Fayetteville and Mobley Contractors Inc . have since agreed
to delete certain items of work to reduced the estimated contract
amount to $ 19 , 901 . 00 .
The City of Fayetteville ' s purchasing and review policies requires
that the contractor provide a signed contract before the staff will
review the document and present to the Mayor / Council for approval .
Please send the three contract documents enclosed to your main
office for signature and seal . Please use this letter and proposed
contract to acquire the performance and payment bonds and for the
certificate of insurance .
Please note that it is our intent to award the contract to Mobley
Contractors Inc , but guarantee of contract cannot be offered . You
will not have a contract until you have received a copy signed by
the Mayor of the City of Fayetteville . Do not start work on any
phase or part of this proposed culvert replacement until you have
received a contract signed by the Mayor of Fayetteville .
Thank yyoou� ,�
/ 00t
Jim Beavers , P . E .
Staff Engineer .
Encl :
Copy of Memorandum for Record - deleted bid items
3 Contract documents
113 WEST MOUNTAIN 72701 501 -521 -7700
FAX 501 -575-8257
Memorandum for Record Jim Beavers , P . E .
9 May 1994
Re : Valley Drive Culvert .
Negotiations with low bidder - Mobley .
A meeting was held in the Engineering Division Friday May 6th at
8 : 00 a . m . to negotiate the scope of the project such as to reduce
the contract price to the Mayor ' s authority of $ 20 , 000 . 00 .
Attending the meeting were :
Ronald Mobley - Mobley Construction
Randy Allen - Street Superintendent
Jim Beavers - Engineering
The contractor ' s proposal , based upon all bid items totaled
$ 24 , 246 . 00 .
It was agreed that the following items would be deleted from the
contract and performed by City crews after Mobley had completed the
box culvert :
Item :
7 , LS Furnish and install new handrail ,
including concrete footings .
$ - $ 350
Dollars - per lump sum
11 . LS Furnish and install 18 inch
thickness type I rip rap complete
with filter cloth .
$ $ 395
Dollars - per lump sum
12 . LS Replace existing 2 1 / 4 inch water line
with 2 inch PVC , complete with fittings and
connections if necessary for pre -cast
alternate .
$ - $ 150
Dollars - per lump sum
14 . 5 gal Furnish and install Prime coat
$ 6 $ 30
Dollars - per gallon
• LIZ
15 . 15 gal Furnish and install Tack coat
$ 18 $ 270
Dollars - per gallon
16 . 35 ton Furnish and install Type III Hot Mix
Asphaltic Cement Pavement
$ 90 $ 3150
Dollars - per ton
Total of items to be performed by the City = $ 4 , 345 . 00 .
The bid proposal and the contract will thus be modified to delete
items 7 , 11 , 12 , 14 , 15 and 16 as noted above .
The revised estimated contract price is thus :
$ 24 , 246 . 00 - $ 4 , 345 . 00 = $ 19 , 901 . 00 .
P . S . Additional items not discussed , but which may , or may not ,
also be performed by City crews are :
8 . 15 if 3 ft x 411thick concrete swale
$ 21 $ 315
Dollars - per linear foot
13 . 10 cy Furnish and install crushed
stone base
$ 30 $ 300
Dollars - per cubic yard
ORDINANCE NO.-1774
AN ORDINANCE WAIVING THE REQUIREMENTS OF
COMPETITIVE BIDDING FOR THE PURCHASE OF A
CONCRETE BOX CULVERT ON THE CORNER OF PORTER
ROAD AND VALLEY DRIVE .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That the City Council hereby waives the requirements of competitive
bidding for the purchase of a concrete box culvert on the corner of Porter Road and Valley for
the reason that said bidding requirements are not feasible because the existing culvert has fallen
through and created a hazard to the public .
Section 2 . If possible, competitive quotations shall be taken before any of the
aforesaid materials are purchased.
Section 3 . The City Council hereby determines that the Public Works Department
of the City of Fayetteville is in immediate need of the materials enumerated in Section 1 above
and; that the requirements of competitive bidding for the purchase of said materials is not
feasible for the reasons stated in Section 1 above; and passage of this Ordinance is necessary
to ensure the immediate repair of the hazard. Therefore, an emergency is hereby declared to
exist and this Ordinance being necessary for public welfare shall be in full force and effect from
and after its passage and approval .
PASSED AND APPROVED this 5th day of April 1994.
APPROVED:
By : e�
Fred Hanna, Mayor
ATTEST-
By : 1�
TTEST:By :_�
Sherry L. Thomas, City Clerk
EkYETTENZ I .1-I.
THE CITY OF FAYETTEVIIIE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO : Fayetteville City Council
THRU : Fred Hanna , Mayor
FROM : Kevin Crosson , Public Works Director
DATE : April 4 , 1994
SUBJECT : Bid Waiver for Concrete Box Culvert
This request is for the emergency replacement of a collapsing drain
tile located on Valley Drive at the intersection of Porter Road .
A 60 inch corrugated metal drain pipe is installed under Valley
Drive at Porter Road . Insufficient cover has been placed over this
tile ( 2 inches of asphalt ) . Currently , the asphalt has failed
through the repeated loadings of heavy traffic . The repetitive
flexing of the pipe has created a stress fracture at the apex of
the drain tile .
This situation has created an immediate and specific danger to
property and public safety . This road has been closed to all
traffic crossings above this drain tile . This bid waiver is
requested so that construction of a box culvert could begin at the
earliest possible time to minimize exposure to the hazardous
conditions present at this site .
i C'IVC C
.
J
�0
I
32
31
30
29
W
0!
6
z
Ia
Qr•
..
—.
r
VALLEY---
'
•
n
w•
v
W
C.�
10
II
C l2
13
9S.
7
6
N
W
3
S. N K
HIGHWAY_. '
?fO t
a
C.
27
26
25
24
23
M'
22
P'
21
0
H
a \
•
�\
!
0
15 16 17 16 19 20
4 3 2
! • ! 402
10
NO. I6 WEST - _
Yr
7. I,• • -.. 1
STAFF REVIEW FORM
AGENDA REQUEST
CONTRACT REVIEW ct4cage� Ord -
GRANT REVIEW
For the Fayetteville City Council meeting of
cncitcerincj
'Glny Ord /,
i3ok Cu d uer4L
a y/9 Y
C�r.-4rG(_4 U U3S
�M Bea�ecs P,,.i • £ns t
Name Division Department
ACTION REQUIRED:
Mayoc'S apcv,.Aot o9 eno on'e
-otde�r w:+� lfbbIe1 CoAiiwiZC5 Tor
v t¼
$ 1,S9V.1/-29/boo s<'i1nf.B9> $ 2yy'.oc
Cost of this Request Category/Project Budget
Zfoo -#/30 - c3/S-0o
Account Number
9qo74 -102t>
Project Number
/6, 92O. Oo
Funds sed To Date
$ 7,52!0. O0
Remaining Balance
Dra,!la q e
Category/Project Name
Program Name
Fund
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/G TT/LEASEREVIEW: GRANTING AGENCY:
Accou king Man er Da a ADA Coordinator Date
Cit Attor ey at In rnal Auditor Date 4
Purchasing Officer Date
STAFF RECOMMENDATION:
99`j
Divion Head Date Cross Reference
W&CM► ir1 _% 4i�
New Item: Ys4?
Department Director Q Date -1h -I 7�
Prev Ord/Res #: t•1r
Administrative Se$�.ces Director Date
/L///C Orig Contract Date:I7 Ma`j g'?
Mayo Date --T
FAYETTEVI LLE
THE CITY OF FAYETTEVIUE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor Thru: Kevin Crosson, Public WorkEY,D r for (Iqy
I/1N-
Don Bunn, City Engineer ,(J/J I ""
Contract review committee
From: Jim Beavers, Engineeringiia.
Date: 16 August 1994 ��JJ
Re: Proposed change -order to the construction contract with
Mobley Contractors (contract no. 435) for claimed extra items
and to reconcile quantity underruns and deletions.
1. Existing contract:
The construction contract to replace the existing culvert on Valley Drive at
Porter was approved by the Mayor on 17 May 1994. The original contract
amount was $19,901.00 and provided for the concrete box culvert. (The City
Street Department had opted to perform the street repairs.)
2. Proposed change -order:
a. Contractor's claim for extra costs:
(1) During the construction of the concrete box culvert the City Water
Department relocated a 2 inch water line on the south side of the headwall.
The City damaged an adjacent rock wall and left the drainage channel
disturbed. The contractor (Mobley) has claimed that as a result of the work
to relocate the water line he suffered the loss of usable back fill material
and additional grading costs (see Mobley's attached letters).
(2) Additional concrete in the sidewalk - The sidewalk was extended at the
request of the Street and Engineering Departments.
Total requested by the contractor = $1,534.11.
b. Reduction in price for quantity underruns and deletions.
The length of the box culvert was changed in the field to encase the existing
ductile iron sewer line rather than replace the sewer line. As a result, the
box culvert was shortened from 38.0 feet to 34.42 feet. Allowing for the
concrete in the wingwalls and the headwalls, the volume of the box culvert is
reduced to 93% which was rounded to 95 percent.
The sewer line and connections were thus also deleted by this field change.
Total reduction in contract price = $2,916.00.
3. Current Status.
The contractor has completed the his portion of the project (except for
additional clean-up). The Street Department has repaired the street and
opened the road to traffic. (Handrails are being procured).
4. Action requested:
(1) Mayor's execution of the proposed contract modification.
Four original change -order documents have been signed by the engineer
(Beavers), the contractor (Mobley) and are enclosed for the Mayor's signature.
The City clerk should retain one original and return the other three to
Engineering.
(2) We need some guidance on the project manager's authority on field
changes. The proposed policy "GG-3" would have provided certain levels of
authority for managers and Division heads.
Enc:
1.
Four originals of
the proposed
change -order for signature.
2.
Letter to Mobley
dated 22 July
94.
3.
Data from Mobley
26 July 94.
I . FAYETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
August 1, 1994
Mr. Ronald Mobley Jr.
Mobley Contractors, Inc.
P.O. Box 1647
Fayetteville, Arkansas 72702
Re: Change -order to settle contractor's claim for extra expenses
and to reconcile actual project quantities.
Mr. Mobley,
Find enclosed four original contract modification forms.
If you are in agreement sign and return all four to my office for
the Mayor's signature.
Sincerely,
Jim Beavers, P.E.
113 WEST MOUNTAIN 72701 501-521-7700
FAX 501-575-8257
Modification of Construction Contract
page 1 of 1
Contract No. 435
Project no. 94074-1020
Contractor:
Mobley Contractors, Inc.
P.O. Box 1647
Fayetteville, Arkansas 72702
Accounting and Appropriation data:
Account no. 2100-4130-5315-00
Original Contract amount $19,901.00.
Modification No. 1
P.O. no. 39964
Increase in Contract Amount $1,534.11
costs).
Decrease in contract amount $2,916.00
see below).
Revised Contract Amount: $18,519.11
(To settle contractor's claim for extra
(Due to quantity underruns and deletions,
Description of Modification/Scope of work
(1) Contractor's claim:
Modify the contract
to settle
the contractor's claim for additional costs
incurred
with the box
culvert.
Specifically for the contractor's items:
no. 1
- extra fill
and SB2 base due to broken water line -
$817.11
no. 2
- reconstruct
rock wall
damaged by the City - $225.25
no. 3
- additional
grading at
water line relocated by the City -
$350.00
no. 4
- Additional
concrete in the sidewalk - $141.75.
Total claimed extras - $1,534.11.
(2) Decrease in unit quantities and deletions:
Item 4a - concrete box culvert. Length shortened to avoid existing sewer line.
<$699.00>
Item 6 - concrete curb - underrun <192.00>
Item no. 8 - swale -not done - <315.00>
Item no. 9 - replace existing sewer line - not done - <930.00>
Item no.10 - Connection of sewer line - not done - <480.00>
Item no. 13 - crushed stone base - not used - <300.00>
Total decrease due to quantities and deletions = <$2,916.00>
Except as specifically provided above, all terms and conditions of the contract
dated 17 May 1994 shall remain in full force and effect.
Recommended / for approval
DIY/ &W106f date signed
J Beavers, P.E.
Approved:
1 12 LL ) date signed 1 Jf Ak, 14
Ronald Mobley,
Jr.
Mobley Contractors, Inc.
Le/ /" " date signed
Fr,d Hann Mayor (or Authorized representative)
1 FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
July 22, 1994
Mr. Ronald F. Mobley, Jr.
Mobley Contractors, Inc.
P.O. Box 1647
Fayetteville, AR 72702
Re: Valley Drive box culvert - Claim for extra items - letter
received 21 July 94.
Mr. Mobley,
(1) Pay estimate no. 1.
It will take some time to sort through your request/claim for
extra costs on this project.
Therefore I am preparing a partial pay estimate (pay estimate no.
1) to cover 98% of the project. The remainder will be included
in the final pay estimate along with the resolution of the
claimed items.
(2). Claimed extra expense items.
The following comments and requests are offered concerning your
claim:
(a) "Item #1" - Dirt work associated with the water line on the
south end of the failed culvert. Request $500.00.
Please explain to me what you mean by "suffered loss of fill
material". I was present during some of the water line
relocation by the City and visited the site several times
afterward. I do not understand this request at all.
Item 1-b, gravel for base under box $325.00. I disagree with
you in that the water line relocation caused you any additional
base material than was caused under the original conditions.
However, I will consider any further justification which you can
provide. You stated that the $325 represents material costs -
please provide a copy of the material invoice.
(b) "Item #2" - Replacement of rock wall removed by the City
Water Dept. $350.00. I distinctly told you, in advance of you
performing the work, that this item would be negotiated in
advance. Since you choose to perform the work anyway, we can
only try to determine what your actual costs were and determine
113 WEST MOUNTAIN 72701 501.521-7700
FAX 501.575-8257
1
what is fair and reasonable. Therefore you need to provide the
following information (for this one specific item):
Daily logs or records to establish the work performed
payroll records to establish the labor costs
material invoices
equipment record.
(c) "Item #3" Regrading of the channel - $350.00.
Please explain why
you do
not consider
this to be covered by bid
item no. 2 - "all
grading,
excavation
and embankment".
Please explain how you had to "dispose of unwanted material" yet
on claim item no. 1 you "suffered loss of fill material". Is
this not the same material?
(d) "Item #4" Additional concrete in the sidewalk $141.75.
This request is under consideration.
(e) "Item #5" Wall or footing for guard rail - $150.00. I
disagree with this request. I do not think that you have
provided any footings for the guard rail (bid item no. 7 - new
handrail including concrete footings - $350.00) but rather the
required top of the concrete box culvert.
(3) Final inspection.
(a) On July 22, 1994 I performed a final inspection. By my
measurements the box culvert barrel is 34' - 5". If you
disagree, please let me know.
(b) One item that requires your further attention is bid item
no. 17, Final clean-up, restoration and seeding. There are too
many large rocks and rubble on the surface lust covered with
straw. This work must be improved before payment will be
finalized. I will list it at 50% in pay estimate no. 1.
Please
contact
me to
finalize pay estimate no. 1. I have been
unable
to reach
you
by telephone.
Thank you,
Jim Beavers, P.E.
2
$47 t6
P.O. Box 1647
Fayetteville, AR 72702
O@lce (501) 443-2253
Mr. Jim Beavers
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
In response to questions asked about extra
items claimed on Valley Dr. box culvert
Item #1 To further clarify the $500 claim for extra fill - due
to broken water line, all dirt was super saturated, and
could not be stockpiled on site. Therefore, all mud
excavated had to be hauled to a disposal site. New
material had to be hauled to Valley box when back
filling too place.
Item #1B Clarification of gravel claim for $317.11 - Because the
water line had been broken, the sub -grade under the box
was unsuitable material for the footing of box. It was
necessary to over excavate the footing to rock and fill
up to sub -grade with gravel to obtain good foundation
for footing, or bottom of box (invoice included).
Item #2 Labor and materials and equipment/clarification of Rock
wall reconstruction -
L;_bor
4 hrs superintendent $16.85/hr $67.40
4 hrs Foreman $12.00/hr $48.00
4 hrs Labor $10.00/hr $40.00
Equipment
Truck & Tools
$50.00
Materials
Mortar $13.85
Sand
Total Reconstruction of Rock wall $225.25
Item #3 Clarification of Channel Regrading - The reason this is
not included in the Bid item "All Grading excavation &
embankment" - This bid includes the excavation and
grading normally encountered in box construction. The
reason the channel had to be regraded & reworked is
because the water line was mislocated, broken, and the
city came in and replaced the line. In doing so the
City disrupted the channel, and disposed of extra dirt
and rock left after from line replacement. This does
P.O. Box 1647
Fayetteville, AR 72702
Office (501) 443.2253
not fall under "All Grading excavation and embankment."
This is abnormal excavation due to mislocation of water
line.
Item #4 Additional concrete in sidewalk - At the request of
Randy Allen and Jim Beavers, the sidewalk was extended
beyond limits stated on plans. Cost of extra materials
- $141.75.
Jim,
I hope this is enough information to get the ball rolling.
I deleted Item #5 (guard rail footing).
Ron F bley, Jr.
2
JUI..-36-1994 L18:E8 h10LEY CJ-jHTP'NCT0P3 INC. I']. 511 354 18.2 P.01
_..o, IOU. o ntCtAlfl on -Anchor Division
_19U NORTH BLOCK STREET • P.O. BOX 1367
FAYETTEVILLE, ARKANSAS 72701
OFFICE PHONE (501) 521-3550
SOLD
TO
' JcLcy Cr1N1RACr;G�
L\. ::.�Y. ..r
r:)F::ILTCN
J
,�
____ YOUA OAU[R NO fti510Mc9741. I OAfG---.rlcFL4? ^--.__—_._____.. _--___-.._—
1
� t �__ :��'��; _..�___/w`J_rY rET i i ��1 i•.T 1. �. '.
GATE TICKET NO Lam— OESCRiu7IQu _._ '—�'— •�— ..'I— T�.-- — T^—
----- _-- �- V\JAk lli`/ UNIT aRrCE I A,�!JUNT
5/ L 0764\1•.+ Y :c' 1:; .; [ci :4S' T3Ti Lci.•" T C S.i JL. ci^ 4�
cri
INANCECHARGEOF •S3Z Pc '*0NTF (5.%C; zNNU.(, PFK.Cc NTAG 1n i.
.
• -• JUL-i6-i4 19 . _ij I''l rILi�C '_i--l-il_N:IG� iy T- _ --•
• _ - - '' �• LUCHI IU.NS:-'�1L•Y••_.11VLLtcufA1C 240 Norm Block Street _ •r'+y 4"..Y'4k
P.O. Bex 1867 A�°�a Harrison HOTMIX ASPHALT "' ►4'.,
'vVnst Fork P1'nit '' a, st�,l►
Fayetteville, Arkansas 72702-1367 Spr.ngdale Berlyvdla SAND
ANAL. :L:d:!::i a Inc.
SOLD TO:
- PLANT NO. I OPERATOR
5849000 JOB 217
MOBLEY CONTRACTORS HWY 16W TO WEST END ST L L�ITICKET NI ME
P 0 BOX 150 VALLEY ST RT FAy
MORRILTON w- 7211@
PU CRAaLONOEP MATENIAL uNITOR 65640
ae.,T E DESCRIPTION UNITS TA J 5 4AreRJL
MOEN PRICE
217 132 TON LASS -7 BASE
S 03 l l I
DATE TIME
06/01/94 09:14
TRUCK
19.09
RECD BY -
DAILY T(
37.
19.09 I I I 1
MATERIAL
GROSS TARE NtB
•Moo"T
61,@40 2 r eo,NIT
2,860 38,1
JOB INFORMATION T' Az'
TOTAL JTD TOTAL
TOTAL
19.09 19.09
DRIVERS SIGN
McCLJNTON-ANCHOR CO
240 North Block Street. - LOCATIONS: LIMESTONE AGGREGATE
LT
P. O. Box 1367 Avoca Harrison HOTMD
Fayetteville, Arkansas 72702-1367 West Fork pyatt
Springoale Be, ryviny SAND
rMCO)BLEY
O TO: :: -� ,
DELIVERED TO
84900a
CONTRACTORS JOB X17'
656405
IY I
APAC-Arkansas, Inc.
ANT NO. OPERATOR
I P 0 BOX 150 HWy 16W'TO WEST END ST L 0153 JR
I MORRILTON AR 72110 VALLEY ST RT FAY TICKET NUMBER
'
wRCRASE °anP 6 56 444
217
IJ S 1 03
ON WIsla N
AFL j13132 LASS -7 BASE 35
HAUL )19. 20
LOCATION .'us 11: '�... UL WAIT. WAIT WAIT WAT
1 19.20 "-"
C
GATE TIME
06/01/94 10:16
TRUCK INFORMATION
LOAD TONS LOAD NO. DAILY TOTAL
19.20 3 57.19
GAOS$ TARE tioRIA
NET
61,260 22,860 38,400,00 LB HAUL
AMOIIMr
aINFORMATION T F3 utl
NO, JOB TOTAL JTD TOTAL
38.29 38.29 I TOTAL
r
I RECD BY
DRIVER'S
A.
TOTAL P.02
City of Fayetteville, Arkansas
DETAILED SPECIFICATIONS
AND
CONTRACT DOCUMENTS
REPLACEMENT CULVERT
VALLEY DRIVE
CITY OF FAYETTEVILLE, ARKANSAS
APRIL 1994
CITY ENGINEERING DIVISION
INDEX
far D ds
- �,lalJe�
Pam --r.
Advertisement
Information for Bidders
Pages
1
- 3
Proposal
Pages
1
- 5
Contract Agreement
Pages
1
- 2
Performance and Payment
Bond
Pages
1
- 2
General Conditions
Pages
1
- 45
Supplement to General Conditions
Pages
1
- 4
Section SC100, Special
Conditions
Pages
1
- 5
Detailed Specifications
Section
110,
Measurement and Payment
Pages
1
- 3
Section
120,
Traffic Control and Maintenance
Page
1
Section
201,
Site Preparation
Pages
1
- 4
Section
202,
clearing and Grubbing
Pages
1
- 3
Section
203,
Excavation and Embankment
Pages
1
- 7
Section
210,
Subgrade Preparation
Page
1
Section
290,
Site Restoration
Pages
1-
4
Section
305,
Crushed Stone Base Course
Pages
1
- 2
Section
320,
Prime and Tack Coat
Pages
1
- 3
Section
330,
Asphalt Concrete Pavement
Pages
1
- 4
Section
401,
Concrete
Pages
1
- 13
Section
430,
Concrete Driveways
Pages
1
- 3
Section
440,
Concrete Sidewalks
Pages
1
- 4
Section
601,
Water Line Improvements
Pages
1
- 13
Section
701,
Excavation, Trenching, Backfilling
Pages .
1
- 5
&ectipn
840,
�Vand
T fe Paint g
t —Pa •e mcnt Iarki ng (SV l6 nl�r6v
e5�---7—on\•�
Structures--
-Pages
1--
3- o1 ni-�ed
Section
904,
Riprap
Pages
1
- 3
1
3 k�CA
Section
90,
Guard Rail
Pages
om
Section
906,
Handrail
Pages
1
- 2
50j0n I761
S e<ex I",nes
5
ZS
i
Ii
I
I
I
G
INFORMATION FOR BIDDERS
BIDS will be received by City of Fayetteville, Arkansas, (herein called
the "OWNER") at Engineering Department, City Administration.Building, 113 West
Mountain, Fayetteville, Arkansas, until
(local time)
19_, and then at said office publicly opened and read aloud.
Each BID must be submitted in a sealed envelope, addressed to the City of
Fayetteville, Engineering Department, City Administration Building, 113 West
Mountain, Fayetteville, Arkansas 72701.
Each sealed envelope containing a BID must be plainly marked on the outside
as BID for water system improvements and the envelope should bear on the outside
the BIDDER'S name, address, and license number if applicable, and the name of
the project for which the BID is submitted. If forwarded by mail, the sealed
envelope containing the -BID must be enclosed in another envelope addressed to
the OWNER at 113 West.Hountain, Fayetteville, Arkansas 72701.
All BIDS must be made on the required BID form. All blank spaces for BID
prices must be filled in, in ink or typewritten, and the BID form must be fully
completed and executed when submitted. Only one copy of the BID form is
required.
The OWNER may waive any informalities or minor defects or reject any and
all BIDS. Any BID may be withdrawn prior to the above scheduled time for the
opening of BIDS or authorized postponement thereof. Any BID received after the
time and date specified shall not be considered. No BIDDER may withdraw a BID
within 60 days after the actual date of the opening thereof. Should there be
reasons why the contract cannot be awarded within the specified period, the time
may be extended by mutual agreement between the OWNER and the BIDDER.
BIDDERS must satisfy themselves of the accuracy of the estimated quantities
in the BID schedule by examination of the site and a review of the drawings and
specifications including ADDENDA. After BIDS have been submitted, the BIDDER
shall not assert that there was a misunderstanding concerning the quantities of
WORK or of the nature of the WORK to be done.
The OWNER
is
shall provide to
BIDDERS prior
to BIDDING, all
information which
pertinent to,
and delineates
and describes,
the land owned
acquired or to be acquired.
and rights -of -way
The CONTRACT DOCUMENTS contain the provisions required for the construction
of the PROJECT. Information obtained from an officer, agent, or employee of the
OWNER or any other person shall not affect the risks or obligations assumed by
the CONTRACTOR or relieve the CONTRACTOR from fulfilling any of the conditions
of the contract.
Each BID must be accompanied by a Bid bond payable to the OWNER for five
percent of the total amount of the BID. As soon as the BID prices have been
compared, the OWNER will return the BONDS of all except the three lowest
responsible BIDDERS. When -the Agreement is executed, the bonds of the two
remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful
BIDDER will be retained until the payment BOND and performance BOND have been
1
executed and approved, after which it will be returned. A certified check may
be used in lieu of a BID BOND.
A performance BOND and a payment BOND each in the amount of 100 percent
of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be
required for the faithful performance of the contract.
Attorneys -in -fact who sign BID BONDS or payment BONDS and performance BONDS
must file with each BOND a certified and effective dated copy of their power of
attorney.
The party to whom the contract is awarded will be required to execute the
Agreement, and obtain the performance BOND and payment BOND within ten (10)
calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER.
The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND
forms. In case of failure of the BIDDER to execute the Agreement, the OWNER may
consider the BIDDER in default, in which case the BID BOND accompanying the
proposal shall become the property of the OWNER.
The OWNER within thirty (30) days of receipt of acceptable performance
BOND, payment BOND and Agreement signed by the party to whom the Agreement was
awarded shall sign the Agreement and return to such party an executed duplicate
of the Agreement. Should the OWNER not execute the Agreement within such period,
the BIDDER may by WRITTEN NOTICE withdraw the signed Agreement. Such notice of
withdrawal shall be effective upon receipt of the notice by the OWNER.
The NOTICE TO PROCEED shall be issued within ten (10) days of the execution
of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED
cannot be issued within such period, the time may be extended by mutual agreement
between the OWNER AND CONTRACTOR. If the NOTICE TO PROCEED has not been issued
within the ten (10) day period or within the period mutually agreed upon, the
CONTRACTOR may terminate the Agreement without further liability on the part of
either party. _
If requested by the OWNER, the BIDDER must present satisfactory evidence
that he has been regularly engaged in the type of work BID upon, giving the
length of time so engaged, and that he is fully prepared with the necessary
capital, material, machinery, and expert workmen to perform the contract. Such
evidence shall include references from previous work of comparable type and size
including the name, address, and telephone number of the OWNER and the design
ENGINEER. Such prequalification may be. required prior to the release of BID
documents to the prospective BIDDER.
The attention of prospective BIDDERS is directed to Act 150 of the
1965
Acts
of Arkansas,
being an "Act Regulating the Practice of Contracting in
the
State
of Arkansas".
When the project presented for BID is financed in whole
with
State
funds and is
estimated to cost $20,000.00 or more, the prospective BIDDER
must
show evidence of license with the "Contractor's Licensing Board" for
the
State
of Arkansas
before a proposal form will be furnished.
The OWNER may make such investigations
the ability of the BIDDER to perform the WORK,
the OWNER all such information and data for
request. The OWNER reserves the right to
as deemed necessary to determine
and the BIDDER shall furnish to
this purpose as the OWNER may
reject any BID if the evidence
I
1l
I
I
IJ
I
I
I
I
I
I
I
I
I
INFORMATION FOR BIDDERS
I
submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that
such BIDDER is properly qualified to carry out the obligations of the Agreement
and to complete the WORK contemplated therein.
A conditional or qualified BID will not be accepted.
Award will be made to the lowest responsible BIDDER.
All applicable laws, ordinances and the rules and regulations of all
authorities having jurisdiction over construction of the PROJECT shall apply to
the contract throughout.
Each BIDDER is responsible for inspecting the site and for reading and
being thoroughly familiar with the CONTRACT DOCUMENTS. Thefailureor omission
of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from
any obligation in respect to its BID.
Further, the BIDDER agrees to abide by the requirements set forth in the
SUPPLEMENTAL GENERAL CONDITIONS and the SPECIAL CONDITIONS.
The low BIDDER shall supply the names and addresses of major material
SUPPLIERS and SUBCONTRACTORS when required to do so by the OWNER.
The OWNER reserves the right to rej.et the use of subcontractors proposed.
END OF INFORMATION FOR BIDDERS
3 INFORMATION FOR BIDDERS
I
PROPOSAL I
Place Fayetteville, Arkansas ,
Date
Proposal of a
corporation organized and existing under the laws of the State of
a partnership consisting of
an individual trading as
To: City of Fayetteville ,
City Administration Building
113 West Mountain
Fayetteville, AR 72701
The undersigned hereby proposes to perform all work and furnish all
materials required to be furnished for the construction of the
replacement culvert at Valley Drive in accordance with the
following bid schedule, plans and specifications, for the basic
lump sum of
Dollars ($
It is understood that the lump sum proposals, in addition to all
other work includes all variable quantities listed in the proposal
in the amounts so listed. The variable quantities given in the
proposal are for the purpose of comparing bids only, and the basic
lump sum proposal will be adjusted in the final settlement for
variation in the quantities at the following unit prices:
Bid Schedule
Unit Prices for Variable Quantities
Item Quantity
no. and unit Description
1. LS Clearing and grubbing
Dollars - per lump sum
2. LS All grading, excavation and
embankment
Dollars - per lump sum
I
I
1
Unit Amount '
price of bid
1
I
FIREMAN'S FUND INSURANCE COMPANIES
FIREMAN'S FUND INSURANCE COMPANY
' THE AMERICAN INSURANCE COMPANY
NATIONAL SURETY CORPORATION
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
' BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we,
MOBLEY CONTRACTORS, INC.
as Principal, hereinafter called the Principal, and THE AMERICAN
' INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Nebraska, as Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
as Obligee, hereinafter called the Obligee, in the sum of
FIVE PERCENT OF THE TOTAL AMOUNT BID (5% of bid)*************
' for the payment of which sum well and truly to be made, the said
Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly
by these presents.
'WHEREAS, the Principal has submitted a bid for
Valley Drive Culvert Replacement
' Fayetteville, Arkansas
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal
and the Principal shall enter into a contract with the Obligee in
'
accordance with the terms of such bid, and give such bond or bonds as
may be specified in the bidding or contract documents with good and
sufficient surety for the faithful performance of such contract and
' for the prompt payment of labor and material furnished in the
prosecution therof, or in the event of the failure of the Principal to
enter such contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty
'
hereof between the amount specified in said bid and such larger amount
for which the Obligee may in good faith contract with another party to
perform the work covered by said bid, then this obligation shall be
null and void, otherwise to remain in full force and effect.
Signed and sealed May 3, 1994
MOBLEY CONTRACTORS, INC.
' IVIGtt By: (Seal)
Witness Title
' THE AMERICAN INSURANCE COMPANY
CQ0-- s..._ j4o,9- ,r By:
Witness
I
CBs Ion
homey -in -fact
I
GENERAL
POWER RNOEY THE AMERICAN INSURANCE COMPANY
'KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of
New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha. State of
Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint KNIGHT CASHION, BENSON A.
CASHION, MATTHEW KNIGHT CASHION, JR., CARLA SUE HOLLIS, SHIRLEY STAIN and WILLIAM R.
PLEGGE, jointly or severally
LITTLE ROCK, AR
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any
and all bonds, undertaking, recognizances or other written obligations in the nature thereof .__________________________________
'and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
' "Article VII. Appointment and Authority of Resident Secretaries, Attorneys -in -Fad and Agents to accept Legal Process and Make Appearances.
Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and
Attorneys -lo -Fad to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearancesfor and on behalf of the
'
Corporation.
Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing
their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make such appointment:'
'This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984. and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this. Corporation, and the seal of this
'Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile,
and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation"
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has mused these presents to be signed by its Vice -President, and its corporate seal to
' behereuntoaffixedthis 4th day of February 1993
,it,•Lyji1'r THE AMERICAN INSURANCE COMPANY
a co By______
ViCeP,mdeat
' STATE OF CALIFORNIA 111
£4.
COUNTY OF MARIN
4th February 1993 R. D. Farnsworth
On this day of , before me personally came
'to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
' 1-*:E%L5
OFFICIALNOTARYSEALRalifornia' �:TYAR 20.7995 CERTQ+ICATE
'STATE OF CALIFORNIA 1
COUNTY OF MARIN
I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article Vii, Sections 45 and 46 of the
'
By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force.
Signed and sealed at the County of Maria. Dated the 3rd day of May -� 19 9 4
('i')
/�°�+4CC,c,ocReddmt AW Sm
' 360711 -TA -9.92
PROPOSAL
Place
Date
Fayetteville, Arkansas
Proposal of IY\obltti Lpr #ra
corporation organized dnd exist
'Adscs'mas.
'Eer; TNL
ng under the laws of the State
a partnership consisting
an individual trading
a
of
of
as
To: City of Fayetteville
City Administration Building
' 113 West Mountain
Fayetteville, AR 72701
The undersigned hereby proposes to perform all work and furnish all
materials required to be furnished for the construction of the
replacement culvert at Valley Drive in accordance with the
following bid schedule, plans and specifications, for the basic
lump sum of4-w...}.,- pw 4t.....sond 4w• hti..dred awi foi e 1 -sic clollyes'%o.
Dollars ($
It is understood that the lump sum proposals, in addition to all
other work includes all variable quantities listed in the proposal
' in the amounts so listed. The variable quantities given in the
proposal are for the purpose of comparing bids only, and the basic
lump sum proposal will be adjusted in the final settlement for
variation in the quantities at the following unit prices:
1
Bid Schedule
Unit Prices for Variable Quantities
Item Quantity Unit Amount
no. and unit Description price of bid
' 1. LS Clearing and grubbing
' $ Zoo = $ 3oa's
Dollars - per lump sum
2. LS All grading, excavation and
embankment
s
Dollars - per lump sum
.1
1
I
3. LS Remove and dispose existing
pipe culvert and headwalls
$ 11166= $ III6D=
Dollars - per lump sum
' 4A. LS Construct cast -in -place single 3 ft x 8 ft
x 38 ft reinforced concrete box culvert,
including all wingwalls, parapet walls,
modified drop inlet and apron.
S 13,9$2- S 13,987°
Dollars - per lump sum
4B. LS Construct pre -cast single 3 ft x 8 ft
x 38 ft reinforced concrete box culvert,
' including all wingwalls, parapet walls,
modified drop inlet and apron.
14(110 !t t41TtO'
Dollars - per lump sum
5. LS Furnish and install new sidewalk
6" thickness, including wheelchair ramp.
S ••
900 S'ibD
Dollars - per lump sum
6. 30 if. Furnish new concrete curb
4 ^ ^/�^
V Dollars - per linear foot
'
7. LS Furnish and install new handrail,
' �� yl including concrete footings.
eQ oCwS '•s4' ti a o ee
Dollars - per lump sum
1
8. 15 if 3ft x 4"thick concrete swale
' $ 2� s316°
Dollars - per linear foot
9. 30 if Replace existing 6 inch sewer line
with 8 mil poly wrapped 6 inch ductile
' iron pipe.
rc-
s .3 s 93O
Dollars - per linear foot
1 2
I
10. 2 ea. Connection of new to existing 6
inch sewer line.
•
12. Sib
I
H
I
I
I
C
I
13. 10 cy
17. LS
$ Z1Fo2 $ 4S6�
Dollars - per each
Furnish and install 18 inch
thickness type I rip rap complete
with filter cloth.
Dollars - per lump sum
Replace existing 2 1/4 inch water line
with 2 inch PVC, complete with fittings and
connections if necessary for pre -cast
alternate.
Dollars - per lump sum
Furnish and install crushed
stone base
Dollars - per cubic yard
Furnish and install Prime coat
OO`
Dollars - per gallon
Furnish and install Tack coat
Dollars - per gallon
Furnish and install Type III Hot Mix
Asphaltic Cement Pavement
pp e0
Dollars - per ton
Final clean-up, restoration
and seeding
Total basic contract price
S191901•no
3
I
'p
I. Total basic contract price $
(carried forward from previous p
Bidders must bid the schedule in its entirety including all items,
with the exception that bidders do not have to bid both the cast -in
t place culvert (4a) and the pre -cast culvert (4B) with associated
water line replacement (12). The total basic contract price shall
reflect the cost of the least costly alternatives, include only the
t least costly of the cast -in -place or the pre -cast alternates. The
City of Fayetteville reserves to right to reject any and all bids
and waive any formalities as deemed in the best interest of the
' City of Fayetteville.
The undersigned hereby declares: That he has examined the Plans
and the Specficiations with the related documents and the site of
the proposed work and being familiar with all conditions
surrounding construction of the proposed project, including
availability of material and labor, hereby proposes to furnish all
' equipment, labor,material,plant and supplies, within the time set
forth herein and at the prices stated above. These prices are to
cover all expenses incurred in performing the work required under
the Contract Documents, of which this proposal is a part.
The undersigned further agrees, if awarded the contract, the
Contractor shall begin work within ten (10) calendar days from a
Notice to Proceed and will fully complete all work within sixty
(60) consecutive calendar days after the date of the Notice to
Proceed. Should the Contractor fail to complete the work within
' the stated time, he shall pay the Owner as fixed, agreed, and
liquidated damages $100.00 per day for each consecutive calendar
day of delay until the work is completed or accepted.
' The undersigned submits the following subcontractors for use if the
contract is awarded. The owner shall have the authority to reject
the use of any subcontractor.
' Subcontractors
' Name Address Contractor's license no.
1 ecc.o 1n.. ?0 Box 5&o QL,c', 4.7a 459 -# 0389 IO'79'f
Additional time is allowed for delays as stipulated in the Contract
Documents.
I
The undersigned acknowledges the receipt of the following Addendum:
For changing quantities of work items from those indicated by the
' contract Documents, upon written instructions from the Engineer,
the above unit prices as given in the proposal shall prevail. The
above unit prices shall include all labor, materials, plant,
bailing, shoring, overhead, profit, insurance, bonds, etc., as
' necessary to cover the finished work of the various kinds called
for. The bidder understands that the City of Fayetteville reserves
the right to reject any or all bids and waive any formalities as
' deemed in the best interest of the Cit of Fayetteville.
The bidder does agree that this bid shall be good and may not be
' withdrawn for a period of 60 days after the scheduled closing time
for receipt of bids.
by frjoh 1Cy Con f/QC fors
orS /ML
mAno,S c r
'
Title
mcdavi
Business Address
' (cal) 4'+3- 2.2.53
Telephone
1 fi 003 61oO894
Arkansas License Number
C
pEnd of proposal
' 5
Liz.
Memorandum for Record Jim Beavers, P.E.
9 May 1994
Re: Valley Drive Culvert.
Negotiations with low bidder - Mobley.
A meeting was held in the Engineering Division Friday May 6th at
8:00 a.m. to negotiate the scope of the project such as to reduce
the contract price to the Mayor's authority of $20,000.00.
Attending the meeting were:
Ronald Mobley - Mobley Construction
Randy Allen - Street Superintendent
Jim Beavers - Engineering
The contractor's proposal, based upon all bid items totaled
$24,246.00.
It was agreed that the following items would be deleted from the
contract and performed by City crews after Mobley had completed the
box culvert:
Item:
7. LS Furnish and install new handrail,
including concrete footings.
S - $ 350
Dollars - per lump sum
11. LS Furnish and install 18 inch
thickness type I rip rap complete
with filter cloth.
Dollars - per lump sum
12. LS Replace existing 2 1/4 inch water line
with 2 inch PVC, complete with fittings and
connections if necessary for pre -cast
alternate.
S - $ 150
Dollars - per lump sum
14. 5 gal Furnish and install Prime coat
Dollars - per gallon
15, 15 gal Furnish and install Tack coat
S 18 S 270
Dollars - per gallon
16. 35 ton Furnish and install Type III Hot Mix
Asphaltic Cement Pavement
S 90 S 3150
Dollars - per ton
Total of items to be performed by the City = S4,345.00.
The bid proposal and the contract will thus be modified to delete
items 7, 11, 12, 14, 15 and 16 as noted above.
The revised
estimated
contract
price
is thus:
$24,246.00
-
$4,345.00
= $19,901.00.
P.S. Additional items not discussed, but which may, or may not,
also be performed by City crews are:
8, 15 if 3 ft x 4"thick concrete swale
$ 21 $ 315
Dollars - per linear foot
13. 10 cy Furnish and install crushed
stone base
Dollars - per cubic yard
I
CONTRACT AGREEMENT
1.THIS
CONTRACT AND AGREEMENT, made and entered into this
day of
, 19 , by and between the
City of Favetteville. Arkansas
Party of the First Part, acting through its duly authorized representative,
and l/i/� .p...Q2. i .Y,.n . t:
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 Supplies required to be furnished and to perform
the work for Drainage System Improvements City of Favettev
e Arkansas
in exact accordance with the Plans on file at the office of said Party of the
First Part and Specifications, Proposals, Stipulations and Special Provisions
attached hereto and made a part hereof as fully as though copied herein, under
the direct supervision 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 Pan agrees to accept as full and final compensation for all work done
or materials furnished under this agreement, the lump sum amount adjusted for
variation of quantities at the unit prices named in the Proposal which is hereto
attached, such payment to be made in lawful money of the United States, at the
time and in the manner set forth in the Specifications.
N
11
N
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. 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 sums
Bet forth in the Proposal, which shall be deducted from the final amount to be
paid under this contract, provided that extensions of time with waiver of
liquidated damages, may be granted as provided for in the Specifications.
4. The Party of the Second Part agrees to be responsible for repairs
on any of the improvements covered herein due to faulty workmanship and/or
materials for a period of one year beginning at the time of acceptance of the
improvements by the City of Favetteville. All improvements shall be made in
conformance with Specifications and are subject to the approval of the City of
Favetteville.
9
I
I
5. The Party of the Second Part agrees, also to carry Public Liability
Insurance, Property Damage Insurance and Workman's Compensation Insurance in
amounts as required in these Specifications.
WITNESS OUR HANDS THIS T___ DAY OF , 19.
WITNESS:
WITNESS:
Affix Corporate Seal here (if any)
City of Fayetteville, Arkansas
( Ow ner )
By:
W6
(Title)
City Administration Building
113 West Mountain
(Address)
Fayetteville, Arkansas 72701
actor)
(Title)
44/56
(Address)
I
I
I
I
I
I
[1
I
I
I
A ` \ 12 w . Y Y,.dHIG•_ ,
END OF CONTRACT AGREEMENT
2
7 2iio
1
I
CONTRACT AGREEMENT '
I
ARKANSAS PERFORMANCE AND PAYMENT BOND
I WE
as Principal, hereinafter called Principal, and
a corporation organized and existing under the
laws of the State of and authorized to do business in the State
of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto
• City of Favettevill.e, Arkansas
as Obligee, hereinafter called Owner, in the amount of
Dollars (S ), for payment whereof Principal and Surety bind
themselves, their heirs, personal representatives, successors and assigns,
jointly and severally, firmly by these presents.
Principal has by written agreement dated . entered into
a contract with.Owner for
which contract is by reference made a part
hereof, and is hereinafter referred to as the Contract.
THE CONDITION OF THIS OBLIGATION is E•icr that if the Principal shall
faithfully perform the Contract on his part and shall fully indemnify and save
harmless the Owner from all cost and damage which he may suffer by reason of
failure so to do and shall fully reimburse and repay the Owner all outlay and
expense which the Owner may incur in makinc good any such default, and, further,
that if the Principal shall pay all persons all indebtedness for labor or
materials furnished or performed under said Contract, failing which such persons
shall have a direct right of action against the Principal and Surety, jointly
and severally, under this obligation, subject to the Owner's priority, then this
obligation shall be null and void; otherwise it shall remain in full force and
effect.
No suit, action or proceeding shall be brought on this bond outside the
I State of Arkansas. No suit, action or proceeding shall be brought on this bond
except by the Owner, unless it is brought in accordance with A.C.A. Section 22-
9-403 (b) and A.C.A. Section 18-44-503 (b) (Supp. 1987) as amended. No suit,
action or proceeding shall be brought by the Owner after two years from the date
on which final payment under the Contract falls due.
' Any alterations which may be made in the terms of the Contract, or in the
work to be done under it, or the giving by the Owner of any extension of time
for the performance of the Contract, or any other forbearance on the part of
either the Owner or the Principal to the other shall not in any way release the
Principal and the Surety. or Sureties, or either or any of them, their heirs,
personal representatives, successors or assigns from their liability hereunder,
notice to the Surety or Sureties of any such alteration, extension or forbearance
being hereby waived.
I
I 1
In no event shall the aggregate liability of the Surety exceed the sum set
out herein.
Executed on this day of 19
Principal
By
Surety
By
Attorney -in -Fact
Address
NOTE: IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND
END OF ARKANSAS PERFORMANCE AND PAYMENT BOND
2 ARKANSAS PERFORMANCE AND PAYMENT BOND
qThis document has important legal consequences: consultation with an attorney is eencouraged with
respect to its completion or modification.
• STANDARD
'i GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
,i Prepared by
Engineers Joint Contract Documents Committee
and
Issued and Published Jointly By
I'
r
♦%*E f'ro T
J� t
i A n CML
y
COO MC"
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
practice
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
' AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
1
' This document has been approved and endorsed by
The Associated GenContractors of America
These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910 -8 -A -I or
1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the
• others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering
? Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary
1 Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When
bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-I2) (1990 Edition) may be used.
EJCDC No. 1910-8(1990 Edition)
Reprinted 5/91
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph
Page
�
Number &
Title
Number
I. DEFINITIONS ...................................
13
1.1
Addenda .............................
13
1.2
Agreement ...........................
13
1.3
Application for Payment ..............
13
1.4
Asbestos .............................
13
1.5
Bid ...................................
13
1.6
Bidding Documents ...................
13
1.7
Bidding Requirements ................
13
1.8
Bonds ................................
13
1.9
Change Order ........................
13
1.10
Contract Documents ..................
13
1.11
Contract Price ........................
13
1.12
Contract Times .......................
13
I.13
CONTRACTOR ......................
13
1.14
defective .. ...........................
13
1.15
Drawings .............................
13
1.16
Effective Date of the Agreement ......
13
I.I7
ENGINEER ..........................
13
1.18
ENGINEER's Consultant .............
13
1.19
Field Order ...........................
13
1.20
General Requirements ............
14
1.21
Hazardous Waste .....................
14
1.22
laws and Regulations; Laws or
Regulations ........................
14
1.23
Liens.................................14
1.24
Milestone .............................
14
1.25
Notice of Award ......................
14
1.26
Noticeto Proceed ....................14
1.27
OWNER .............................
14
1.28
Partial Utilization .....................
14
1.29
PCBs .................................
14
1.30
Petroleum
14
1.31
Project .. . ............
14
1.32
Radioactive Material ..................
14
1.33
Resident Project Representative .......
14
I
1.34
Samples ...................0..........
14
1.35
Shop Drawings ..
14
1.36
Specifications .........................
14
1.37
Subcontractor ........................
14
1.38
Substantial Completion ...... . .
14
1.39
SupplementaryConditions ..... ..
:
: 14
1.40
Supplier ..............................
14
1.41
Underground Facilities ..............:.
14
1
1.42
Unit Price Work ......................
14
1.43
Work.................................is
1.44
Work Change Directive ...............
IS
1.45
Written Amendment ..................
15
2. PRELIMINARY MATTERS ......................
15
2.1
Deliveryof Bonds ....................
15
2.2
Copies of Documents .................IS
2.3
Commencement of Contract Times;
Notice to Proceed ..................
15
2.4
Starting the Work .....................
15
Article or Paragraph
Number & Title
• 2.5-2.7 Before Starting Construction;
CONTRACTOR's Responsibility to
Report: Preliminary Schedules;
Delivery of Certificates of
Insurance ..........................
2.8 Preconstruction Conference ...........
2.9 Initially Acceptable Schedules .........
Page
Number
3. CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE ............................
3.1-3.2 Intent ................................
3.3 Reference to Standards and
Specifications of Technical Societies;
Reporting and Resolving
Discrepancies ..
3.4 Intent of Certain Terms or Adjectives ..
3.5 Amending Contract Documents .......
3.6 Supplementing Contract Documents ...
3.7 Reuse of Documents ..................
IS
15
16
16
16
16
I7
17
17
17
4. AVAILABILITY OF LANDS; SUBSURFACE AND
PHYSICALCONDITIONS; REFERENCE POINTS .
17
4.1
Availability of Lands ..................II
4.2
Subsurface and Physical Conditions ...
17
4.2.1
Reports and Drawings ................
17
4.2.2
Limited Reliance by CONTRACTOR
Authorized; Technical Data .........
18
4.2.3
Notice of Differing Subsurface or
Physical Conditions .................
18
4.2.4
ENGINEER's Review ................
18
4.2.5
Possible Contract Documents Change .
18
4.2.6
Possible Price and Times Adjustments .
18
4.3
Physical Conditions —Underground
Facilities ...........................
18
4.3.1
Shown or Indicated ...................
18
4.3.2
Not Shown or Indicated ..............19
4.4
Reference Points .................. ...
19
4.5
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material ......
19
5. BONDS
AND INSURANCE .....................
20
5.1-5.2
Performance, Payment and Other Bonds .
20
5.3
Licensed Sureties and Insurers;
Certificates of Insurance ............
20
5.4
CONTRACTOR's Liability Insurance .
20
5.5
OWNER's Liability Insurance ........
21
5.6
Property Insurance ...................
21
5.7
Boiler and Machinery or Additional
Property Insurance .................
21
5.8
Notice of Cancellation Provisions .....
21
5.9
CONTRACTOR's Responsibility for
Deductible Amounts ................
22
5.10
Other Special Insurance ...............
22
5.11
Waiver of Rights ......................
22
F
Article or Paragraph Page
Number & Title Number
5.12-5.13 Receipt and Application of Insurance
. Proceeds ...........................
5.14 Acceptance of Bonds and Insurance;
Option to Replace .................
5.15 Partial Utilization —Property
Insurance ..........................
6. CONTRACTOR'S RESPONSIBILITIES ..........
6.1-6.2
Supervision and Superintendence
6.3-6.5
......
Labor, Materials and Equipment .....
6.6
Progress Schedule ....................
6.7
Substitutes and "Or -Equal" Items;
CONTRACTOR's Expense;
Substitute Construction
Methods or Procedures;
ENGINEER's Evaluation ..........
6.8-6.11
Concerning Subcontractors, Suppliers
and Others; Waiver of Rights .......
6.12
Patent Fees and Royalties .............
6.13
Permits ...............................
6.14
Laws and Regulations ...............
6.15
Taxes -::..6 ...........................
6.16
Use of Premises ......................
6.17
Site Cleanliness .......................
6.18
Safe Structural Loading ...............
6.19
Record Documents ...................
6.20
Safety and Protection .................
6.21
Safety Representative .................
6.22
Hazard Communication Programs .....
6.23
Emergencies ..........................
6.24
Shop Drawings and Samples ..........
6.25
Submittal Procedures;
CONTRACTOR's Review Prior to
Shop Drawing or Sample Submittal
6.26
Shop Drawing & Sample Submittals
Review by ENGINEER ............
6.27
Responsibility for Variation From
Contract Documents ................
6.28
Related Work Performed Prior to
ENGINEER's Review and Approval
of Required Submittals .............
6.29
Continuing the Work ..................
6.30
CONTRACTOR'S General
Warranty and Guarantee ............
6.31-6.33
Indemnification .......................
6.34
Survival of Obligations ................
7. OTHER WORK
..................................
7.1-7.3
Related Work at Site ..................
7.4
Coordination
8. OWNER'S
RESPONSIBILITIES .................
8.1
Communications to Contractor ........
8.2
Replacement of ENGINEER ..........
8.3
Furnish Data and Pay Promptly When
Due................................
8.4
Lands and Easements; Reports and
Tests...............................
8.5
Insurance .............................
22
22
23
23
23
23
23
Al
25
25
25
25
26
26
26
26
26
26
27
27
27
Article or Paragraph Page
Number & Title Number
8.6 Change Orders 29
8.7 Inspections, Tests and Approvals ...... 29
8.8
Stop or Suspend Work; Terminate
CONTRACfOR's Services
8.9
.........
Limitations on OWNER's
Responsibilities .....................
8.10
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material
8.11
..
Evidence of Financial Arrangements ..
9. ENGINEER'S STATUS DURING
CONSTRUCTION
9.1
...............................
OWNER's Representative ............
9.2
Visits to Site ..........................
9.3
Project Representative ................
9.4
Clarifications and Interpretations ......
9.5
Authorized Variations in Work ........
9.6
Rejecting Defective Work
9.7-9.9
.............
Shop Drawings, Change Orders and
Payments ..........................
9.10
Determinations for Unit Prices
9.11-9.12
........
Decisions on Disputes; ENGINEER as
Initial Interpreter ...................
9.13
Limitations on ENGINEER's
Authority and Responsibilities ......
10. CHANGES IN THE WORK .....................
10.1
OWNER Ordered Change ............
10.2
Claim for Adjustment .................
10.3
Work Not Required by Contract
Documents.........................
10.4
Change Orders
10.5
Notification of Surety .................
27
11. CHANGE
OF CONTRACT PRICE ..............
11.1-11.3
Contract Price; Claim for Adjustment;
27
Value of the Work ..................
11.4
Cost of the Work .....................
27
11.5
Exclusions to Cost of the Work .......
11.6
CONTRACTOR's Fee ................
II.7
Cost Records .........................
27
11.8
Cash Allowances .....................
28
11.9
Unit Price Work .........
28 12. CHANGE OF CONTRACT TIMES ..............
28 12.1 Claim for Adjustment .................
28 12.2 Time of the Essence ..................
12.3 Delays Beyond CONTRACTOR'S
29 Control
29 12.4 Delays Beyond OWNER's and
CONTRACTOR's Control ..........
29
29 13. TESTS AND INSPECTIONS; CORRECTION,
29 REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK..........................................
29 13.1 Notice of Defects .....................
13.2 Access to the Work ...................
29 13.3 Tests and Inspections; Contractor's
29 Cooperation ........................
29
30
30
30
30
30
30
30
30
30
30
31
31
31
31
32
32
32 '
32
32
32
32
33
34
34
34
35
35
35
35
35
35
35
36
36
36
36
N
U
Article or Paragraph Page Article or Paragraph Page
Number & Title Number Number & Title Number
13.4 OWNER's Responsibilities; 14.12 Final Application for Payment ......... 40
Independent Testing Laboratory .... 36 14.13-14.14 Final Payment and Acceptance ........ 40
13.5 CONTRAC'I'OR's Responsibilities ..... 36 14.15 - Waiver of Claims ..................... 40
13.6-13.7 CoveringWork Prior to Inspection,
Testi or A pro 15. SUSPENSION OF WORK AND
n8 PP EER' • • • • • TERMINATION .........
13.8-13.9 Uncovering Work at ENGINEER'S """""""""""' 40
Request ............................ 36 15.1 OWNER May Suspend Work .........40
fl13.10 OWNER May Stop the Work 15.2-15.4 OWNER May Terminate .............. 40
13.11 Correction or Removal of Defective
15.5 CONTRACTOR May Stop Work or
Work ............................... 37
Terminate .......................... 41
II). 12 Correction Period . ........ 4 ..... 16. DISPUTE RESOLUTION 41
13.13 Acceptance of Defective Work ........ 37 ••••••••••••••••••••• '
13.14 OWNER May Correct Defective 37 17. MISCELLANEOUS .............................42
Work ................
17.1 Giving Notice ........................ 42
17.2 Computation of Times ................ 42
14. PAYMENTS TO CONTRACTOR AND 17.3 Notice of Claim .......................42
COMPLETION.................................37 17.4 Cumulative Remedies ................. 42
14.1 Schedule of Values .................... 37 17.5 Professional Fees and CourtCosts
14.2 Application for Progress Payment ..... 38 Included ........................... 42
14.3 CONTRACTOR's Warranty of Title 38
14.4-14.7 Review of Applications for EXHIBIT GC -A (Optional):
Progress Payments .................38 Dispute Resolution Agreement (Optional) .. .. GC -Al '
14.8.14.9 Substantial Completion ...............39 16.1-16.6 Arbitration ....................GC -AI
14.10 Partial Utilization ..................... 39 16.7 Mediation ..................... GC -A2
14.11 Final Inspection ...................... 39
1
lit
I ,
IIt I
3
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
11
I
INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Acceptance of—
Bonds and Insurance ................................ 5.14
defective Work ....................... 10.4.1, 13.13, 13.15
final payment.................................9.12, 14.15
insurance...........................................5.14
73
Substitutes and "Or -Equal" Items .................. 6.7.1
Work by OWNER ........................ 2.5, 6.30, 6.34
Access to the —
Lands, OWNER and CONTRACTOR
responsibilities.....................................4.1
site, related work....................................7.2
Work, ................................ ... 13.2, 13.14, 14.9
Acts or Omissions—, Acts and Omissions —
CONTRACTOR ............................ 6.9.1, 9.13.3
ENGINEER ................................. 6.20, 9.13.3
OWNER.......................................6.20 8.9
Addenda_-ijefinition of (also see
definition of Specifications) ............ (1.6, 1.10, 6.19) 1.1
Additional Property Insurances ......................... 5.7
Adjustments
Contract Price or Contract
Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5,
10.2-10.4, II, 12, 14.8, 15.1
progress schedule....................................6.6
Agreement —
definition of..........................................1.2
All risk Insurance, policy form ........................ 5.6.2
Allowances, Cash.....................................11.8
Amending Contract Documents ......................... 3.5
Amendment, Written —
in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19,
10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to ...................... 9.10, 9.11, 10.4, 16.2, 16.5
Application for Payment —
definition of..........................................1.3
ENGINEER's Responsibility ......................... 9.9
finalpayment .................. 9.13.4, 9.13.5, 14.12-14.15
in general ....................... 2.8, 2.9, 5.6.4, 9.10, 15.5
Progress payment .............................. 14.1, 14.7
review of .......... ........ 14.414.7
....................
Arbitration (Optional) .............................16.1-16.6
Asbestos —
claims pursuant thereto ....................... 4.5.2, 4.5.3
CONTRACTOR authorized to stop Work ........... 4.5.2
definition of..........................................1.4
OWNER responsibility for ....................4.5.!, 8.10
possible price and times change ..................... 4.5.2
Authorized Variations in Work ........... 3.6, 6.25, 6.27, 9.5
Availability of Lands ............................... 4.1, 8.4
Award, Notice of —defined .......... .. 1.25
................
Before Starting Construction ........................2.5-2.8
Bid —definition of......................................1.5
(1.1, 1.10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1)
Article or Paragrapd
BiddingDocuments of ................ 1.6 (6.8.2)
Bidding Requirements— definitions of ...... 1.7 (I.I, 4.2.6.2)
Bonds —
acceptance of.......................................5.14
additional bonds ........................... 10.5, 11.4.5.9
Cost of the Work..................................11.5.4
definitionof .......................................... 1.8
delivery of ...................................... 2.1, 5.1
final application for payment .................14.12-14.14
general ...............1.10, 5.1-5.3, 5.13, 9.13,10.5, 14.7.6
performance, Payment and Other .................5.1-5.2
Bonds and Insurance —in general ......................... 5
Builder's risk "all risk" policy form ................... 5.6.2
Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15
Cash Allowances......................................11.8
Certificate of Substantial Completion ......... 1.38, 6.30.2.3,
14.8, 14.10
Certificates of Inspection ................9.13.4, 13.5, 14.12
Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8,
....................................... 5.14, 9.13.4, 14.12
Change in Contract Price —
Cash Allowances ................................... 11.8
claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8.2,
9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9,
13.13, 13.14, 15.1, 15.5
CONTRACTOR's fee ............................... 11.6
Cost of the Work
general...................................... I1.4 -I1.7
Exclusions to ....................................... 11.5
Cost Records.......................................11.7
in general .............. 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11
Lump Sum Pricing ................................ 11.3.2
Notification of Surety ............................... 10.5
Scope of ............................. .......... 10.3-10.4
Testing and Inspection, Uncovering the Work ........ 13.9
Unit Price Work....................................11.9
Value of Work......................................11.3
Change in Contract Times —
Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2,
9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13,
13.14, 14.7, 15.1, 15.5
Contractual time limits ............... ....... 12.2
Delays beyond CONTRACIOR's control ............ 12.3
Delays beyond OWNER's and CONTRACIIOR's con-
trol............................................... 12.4
Notification of surety ............................... 10.5
Scope of change ...............................10.3-10.4
Change Orders —
Acceptance of Defective Work ..................... 13.13
Amending Contract Documents ..:................. 4. 3.5
Cash Allowances ................................... 11.8
Change of Contract Price .................
Change of Contract Times ............................ 12
Changes in the Work..................................to
CONTRACTOR's fee ............................... I I.6
Cost of the Work ...............................11.4-11.7
I
I
I
rn
it
1
III
I
4
Li
I
b
Article or Paragraph
Number
Cost Records .......................................
I1.7
definition of..........................................1.9
emergencies .:
.. 6.23
ENGINEER's responsibility .........
9.8, 10.4, 11.2, 12.1
execution of........................................14
Indemnification .....................
6.12, 6.16, 6.31, 6.33
Insurance, Bonds and ..................
5.10, 5.13, 10.5
OWNER may terminate ........................15.2-15.4
OWNER's Responsibility .......................
8.6, 10.4
Physical Conditions —
Subsurface and, .. ..............................
4.2
Underground Facilities ...........................
4.3.2
Record Documents .................................
6.19
Scope of Change ...............................10.3-10.4
Substitutes...................................6.7.3,
6.8.2
Unit Price Work....................................11.9
value of Work, covered by ..........................
11.3
Changes in the Work..................................4.
10
Notification of surety .........
.............. P . 10.5
OWNER's and CONTRACTOR's
.
responsibilities .... 10.4
Right to an adjustment ..............................
10.2
Scope of change .-.............................
10.3-10.4
Claims —
against CONTRACTOR .............................6.16
against ENGINEER................................6.32
against OWNER ................................
.. 6.32
Change of Contract Price .......................
9.4, 11.2
Change of Contract Times ......................
9.4, 12.1
CONTRACTOR's 4, 7.1, 9.4,
9.5, 9.11, 10.2, 11.2, 11.9,
12.1, 14.8, 15.1, 15.5, 17.3
CONTRACTOR's Fee ...0 ..........................
11.6
CONTRACTOR's liability ............
5.4, 6.12, 6.16, 6.31
Cost of the Work ..............................
11.4, 11.5
Decisions on Disputes .........................
9.11, 9.12
Dispute Resolution..................................16.1
Dispute Resolution Agreement ..................16.1-16.6
ENGINEER as initial interpretor
.................... 9.11
Lump Sum Pricing................................11.3.2
Noticeof...........................................17.3
OWNER's ...........94, 9.5, 9.11,
10.2, 11.2, 11.9, 12.1,
13.9, 13.13, 13.14, 17.3
OWNER's liability ...................
. 5.5
OWNER may refuse to make payment
........... .. 14.7
Professional Fees and Court Costs
Included .......... 17.5
request for formal decision on .......................
9.11
Substitute items ..................................
6.7.1.2
Time Extension.....................................12.1
Time requirements ............................
9.11 12.1
Unit Price Work..................................11.9.3
Valueof............................................11.3
Waiver of —on Final Payment ................
14.14, 14.15
Work Change Directive .............................
10.2
written notice required ...................91!,
11.2, 12.1
Clarifications and Interpretations ............
3.6.3, 9.4, 9.11
CleanSite............................................6.17
Codes of Technical Society, Organization
or
Association......................................333
Commencement of Contract Times .....................
2.3
Communications —
Article or Paragraph
Number
general ....................................
6.2, 6.9.2, 8.1
Hazard Communication Programs ...................
6.22
Completion —
Final Application for Payment ......................
14.12
Final Inspection...................................14.11
Final Payment and Acceptance ...............14.13-14.14
Partial Utilization ..................................
14.10
Substantial Completion ...................
1.38, 14.8-14.9
Waiver of Claims..................................14.15
Computation of Times ........................
17.2.1-17.2.2
Concerning Subcontractors,
Suppliersand Others ............................6.8-6.11
Conferences —
initially acceptable schedules .........................
2.9
preconstruction......................................2.8
Conflict, Error, Ambiguity, Discrepancy —
CONTRACTOR to Report .....................
2.5, 3.3.2
Construction, before.starting by CONTRACTOR .... 2.5-2.7
Construction Machinery, Equipment, etc . .........
.... 6.4
Continuing the Work .............................
6.29, 10.4
Contract Documents—
Amending...........................................3.5
Bonds...............................................5.1
Cash Allowances...................................11.8
Change of Contract Price .............................
II
Change of Contract Times ......................
.. 12
Changes in the Work ...........................10.4-10.5
check and verify.....................................2.5
Clarifications and Interpretations ....... 3.2,
3.6, 9.4, 9.11
definition of ........................................
1.10
ENGINEER as initial interpreter of .................
9.11
ENGINEER as OWNER's representative
............ 9.1
general................................................
Insurance............................................5.3
Intent............................................3.1-3.4
minor variations in the Work .........................
3.6
OWNER's responsibility to furnish data ..............
8.3
OWNER's responsibility to make
prompt payment .......................
8.3, 14.4, 14.13
precedence....................................3.1,
3.3.3
Record Documents .................................
6.19
Reference to Standards and Specifications
of Technical Societies ..............................
3.3
Related Work .............
.. 7.2
Reporting and Resolving Discrepancies ...........
2.5, 3.3
Reuseof.............................................3.7
Supplementing.......................................3.6
Termination of ENGINEER's Employment
........... 8.2
Unit Price Work....................................11.9
variations.................................3.6,
6.23, 6.27
Visits to Site, ENGINEER's .........................
9.2
Contract Price—
adjustment of ................ 3.5, 4.I, 9.4,
10.3, 11.2-11.3
Changeof ............................................
I1
Decision on Disputes ...............................
9.11
definition of........................................1.11
Contract Times —
adjustment of ...................... 3.5, 4.1,
9.4, 10.3, 12
Changeof......................................12.1-12.4
I
I
I
Ii
I
F
I
I
I
I
I
I
I
I
I
I
I
I
Article or Paragraph
Number
Commencement of...................................2.3
definition of ........................................
1.12
CONTRACTOR.
Acceptance of Insurance ............................
5.14
Limited Reliance on Technical Data Authorized ..... 4.2.2
Communications ...............................
6.2, 6.9.2
Continue Work .. ......................
6.29, 10.4
coordination and scheduling .........................
6.9.2
definition of................................1.13
May Stop Work or Terminate .......................
15.5
provide site access to others ....................
7.2, 13.2
Safety and Protection ....... 4.3.1.2, 6.16,
6.18,6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review Prior
to Submittal . 6.25
Stop Work requirements ...........................
4.5.2
CONTRACIDR's—
Compensation..................................11.1-11.2
Continuing Obligation .......................
.. 14.15
Defective Work ..........................
9.6, 13.10.13.14
Duty to correct defective Work .....................
13.11
Duty to Report —
Changes in the Work caused by
Emergency .......................................
6.23
Defects in Work of Others ....... ................
.. 7,3
Differing conditions ...................
.. 4.2.3
Discrepancy in Documents ...........
2.5, 3.3.2, 6.14.2
Underground Facilities not indicated ..............
4.3.2
Emergencies........................................6.23
Equipment and Machinery Rental, Cost
of the Work...................................11.4.5.3
Fee —Cost -Plus ..................... 11.4.5.6,
11.5.1, II.6
General Warranty and Guarantee .....................630
Hazard Communication Programs ...................
6.22
Indemnification ...................... 6.12,
6.16, 6.31-6.33
Inspection of the Work .........................
7.3, 13.4,
Labor, Materials and Equipment ..................
6.3-6.5
Laws and Regulations, Compliance by .............
6.14.1
Liability Insurance...................................5.4
Notice of Intent to Appeal .....................
9.10, 10.4
obligation to perform and complete the Work ........ 6.30
Patent Fees and Royalties, paid for by ...............
6.12
Performance and Other Bonds ........................
5.1
permits, obtained and paid for by ....................
6.13
Progress Schedule ..... 2.6, 2.8, 2.9, 6.6,
6.29, 10.4, 15.2.1
Request for formal decision on disputes
............. 9.1 I
Responsibilities —
Changes in the Work ..............................
10.1
Concerning Subcontractors, Suppliers and Others . 6.8-
6.11
Continuing the Work ........................
6.29, 10.4
CONTRACTOR's expense .......................
6.7.1
CONTRACTOR's General Warranty
and Guaran-
tee...............................................630
CONTRACTOR's review prior to Shop Drawing or Sam-
ple submittal.....................................6.25
Coordination of Work ............ ..................
6.9.2
Emergencies.....................................6.23
ENGINEER's evaluation, Substitutes
or "Or -Equal" Items ..........................
6.7.3
Article or Paragraph
Number
For Acts and Omissions of Others ..... 6.9.1-6.9.2, 9.13
for deductible amounts, insurance ..................
5.9
general ................................. 6, 7.2, 7.3, 8.9
Hazardous Communication Programs .............
6.22
Indemnification ..............................6.31-6.33
Labor, Materials and Equipment ................
6.3-6.5
Laws and Regulations ............................
6.14
Liability Insurance.................................5.4
Notice of variation from Contract Documents
..... 6.27
Patent Fees and Royalties .........................
6.12
Permits...........................................6.13
Progress Schedule.................................6.6
Record Documents...............................6.19
related Work performed prior to ENGINEER's
approval of required submittals .................
6.28
safe structural loading ............................
6.18
Safety and Protection ...................6.20, 7.2, 13.2
Safety Representative ............4 ................
6.21
Scheduling the Work .............................
6.9.2
I
Shop Drawings and Samples ......................
6.24
Shop Drawings and Samples Review
by ENGINEER ................................
6.26'
Site Cleanliness...................................6.17
Submittal Procedures .............................
6.25
Substitute Construction Methods and
Procedures ....................................
6.7.2
Substitutes and "Or -Equal" Items ................
6.7.1
Superintendence...................................6.2
Supervision ........................................
6.1
Survival of Obligations ............................
6.34
Taxes.................................4..........
6.15
Tests and Inspections ....................
.. 13.5
ToReport .........................................25
Use of Premises .................... 6.16.6.18, 6.30.2.4
Review Prior to Shop Drawing or Sample Submittal .. 6.25
Right to adjustment for changes in the Work ....
..... 10.2
right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9,
12.1,
13.9, 14.8, 15.1,
15.5, 17.3
Safety and Protection .................6.20-6.22,
7.2, 13.2
Safety Representative ................ ...............
6.21
Shop Drawings and Samples Submittals .........
6.24-6.28
Special Consultants ...............................
11.4.4
Substitute Construction Methods and Procedures
..... 6.7
Substitutes and "Or -Equal" Items, Expense ..6.7.I,6.7.2
6.7.2
Subcontractors, Suppliers and Others ............6.8-6.11
Supervision and Superintendence ........... 6.1,
6.2, 6.21
Taxes, Payment by..................................6.15
Use of Premises ......................... ..
6.16-6.18
Warranties and guarantees ......................
6.30, 6.5
Warranty of Title...................................14.3
Written Notice Required —
CONTRACTOR stop Work or terminate ...........
15.5
Reports of Differing Subsurface and Physical
Condi-
tions.............................................4.2.3
Substantial Completion ...........................
14.8
CONTRACTORS —other .................................
7
Contractual Liability Insurance ......................
5.4.10
Contractual Time Limits ..............................
12.21
Coordination
1J
it
Li
Article or Paragraph
Number
•
CONTRACTOR's responsibility ....................
6.9.2
t7
copies of Documents..................................2.2
Correction Period ............ .....................
13.12
r�
Correction, Removal or Acceptance of
Defective Work
in general ............................. 10.4.1, 13.10-13.14
Acceptance of Defective Work ......... 6
........... 13.13
Correction or Removal of Defective Work
..... 6.30, 13.11
Correction Period ..................................
13.12
OWNER May Correct Defective Work .............
13.14
OWNER May Stop Work ..........................
13.10
Cost —
of Tests and Inspections .............................
13.4
Records.....................................11.7
Cost of the Work —
Bonds and insurance, additional .................
11.4.5.9
Cash Discounts ..
.. I I.4.2
CONTRACPOR's Fee ..............................
I I.6
Employee Expenses .............................
II.4.5.I
Exclusions to .......................................
I1.5
General ........................................
11.4-11.5
Home office and overhead expenses .................
11.5
Losses and damages .............................
11.4.5.6
Materials and equipment ..........................
1 1.4.2
Minor expenses ................
11.4.5.8
Payroll costs on changes .
.. 11.4.1
performed by Subcontractors ......................11.43
Records ....
11 7
Rentals of construction equipment and machinery . 11.4.5.3
Royalty payments, permits and license fees
...... 11.4.5.5
Site office and temporary facilities ...............
11.4.5.2
Special Consultants, CONTRACTOR,s ............
11.4.4
Supplemental .. ..........................
11.4.5
Taxes related to the Work .......................
11.4.5.4
Tests and Inspection ................................
13.4
Trade Discounts ......
.. 11.4.2
Utilities, fuel and sanitary facilities ...............
11.4.5.7
Work after regular hours ..........................
11.4.1
Covering Work...................................13.6-13.7
Cumulative Remedies ........
.. 17.4-17.5
Cutting, fitting and patching ........................
.. 7.2
Data, to be furnished by OWNER ......................
8.3
Day —definition of...................................17.2.2
Decisions on Disputes ...........................
9.11, 9.12
defective —definition of................................1.14
defective Work —
Acceptance of ..............................
10.4.1, 13.13
Correction or Removal of ...................
10.4.1, 13.11
Correction Period..................................13.12
in general.................................13,
14.7, 14.11
Observation by ENGINEER .........................
9.2
OWNER May Stop Work ..........................
13.10
Prompt Notice of Defects ...........................
13.1
Rejecting............................................9.6
Uncovering the Work ...............................
13.8
LVVVs
Definitions
Delays
.........
.............
........4.....6....... 4.11,,6.2
6.29, 12.3-12.4
Delivery of Bonds......................................2.1
Delivery of certificates of insurance .....................
2.7
Article or Paragraph
Number'
Determinations for Unit Prices ........................ 9.10
Differing Subsurface or
Physical Conditions
Notice of..........................................4.2.3
ENGINEER's Review ..... .. 4.2.4
Possible Contract Documents Change ............... 4.2.5
Possible Price and Times Adjustments ... .. 4.2.6,
Discrepancies -Reporting and Resolving .... 2.5, 3.3.2, 6.14.2
Dispute Resolution—
Agreement.....................................16.1-16.6
Arbitration.....................................16.1-16.5
general............................................... 16
Mediation .................................... 16.6
Dispute Resolution Agreement .................... 16.1-16.6
Disputes, Decisions by ENGINEER ..............9.11-9.12
Documents —
Copiesof............................................2.2
Record.............................................6.19
Reuseof.............................................3.7
Drawings -definition of ............................... 1.15
Easements.............................................4.1
Effective date of Agreement —definition of .............1.16
Emergencies..........................................6.23
ENGINEER —
as initial interpreter on disputes 9.11-9.12
definition of ........................... .. ..' . 1.17
Limitations on authority and
responsibilities.................................9.13
Replacement of......................................8.2
Resident Project Representative ...................... 9.3
ENGINEER's Consultant —definition of ............... 1.18
ENGINEER's—
authority
and responsibility, limitations on ........... 9.13
Authorized Variations in the Work .................... 9.5
Change Orders, responsibility for .......... 9.7, 10, I1, 12
Clarifications and Interpretations ..... .. 3.6.3, 9.4
Decisions on Disputes ..........................9.11-9.12
defective Work, notice of ........................... 13.1
Evaluation of Substitute Items ......................6.7.3
Liability ................... . .. 6.32, 9.12
. .................
Notice Work is Acceptable .......... 14.13
Observations .... .. 6.30.2, 9.2
OWNER's Representative ........................... 9.1
Payments to the CONTRACTOR,
Responsibility for .............................. 9.9, 14
Recommendation of Payment .............. 14.4, 14.13
Responsibilities— '
Limitations on ................................9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions..........................4.2.4 '
Shop Drawings and Samples, review
responsibility.....................................6.26
Status During Construction —
authorized variations in the Work ..................9.5 ,
Clarifications and Interpretations .... .. 9.4
Decisions on Disputes ........................9.11-9.12
Determinations on Unit Price .. .. 9.10
ENGINEER as Initial Interpreter .............9.11-9.12
ENGINEER's Responsibilities ................9.1-9.12
[1
I
C1
I
I
I
I
I
I
I
I
I
I
I
I
I
Ft
r1
Article or Paragraph
Number
Limitations on ENGINEER's Authority
and
Responsibilities ...................................
9.13
OWNER's Representative .........................
9.1
Project Representative ...........................0.
9.3
Rejecting Defective Work ..........................
9.6
Shop Drawings, Change Orders and
Payments ......:.................................
9.7-9.9
Visits to Site ...........4...........44.4
... 9.2
Unit Price Determinations ...........................
9.10
Visits to Site ..........44.........4..........4........
9.2
Written consent required .........................7.2,
9.1
Equipment, Labor, Materials and ...................6.3-6.5
Equipment rental, Cost of the Work ................
11.4.5.3
Equivalent Materials and Equipment ....................
6.7
Errors or omissions ....... ...............
... 6.33
Evidence of Financial Arrangements ...................
8.11
Explorations of physical conditions ...................
4.2.1
Fee, CONTRACTOR's—Costs-Plus 44...4...4.........
11.6
Field Order —
definition of.........................................1.19
issued by ENGINEER .........................
3.6.1, 9.5
Final Application for Payment ........................
14.12
Final Inspection......................................14.11
Final Payment —
and Acceptance ..............................14.13-14.14
Prior to, for cash allowances ........................
11.8
General Provisions ...............................17.3-17.4
General Requirements—
defintion of .........................................
1.20
principal references to .............. 2.6, 6.4,
6.6-6.7, 6.24
Giving Notice.........................................17.1
Guarantee of Work —by
CONTRACTOR ......4........4.......44.....
6.30, 14.12
Hazard Communication Programs .....................
6.22
Hazardous Waste —
definition of........................................1.21
general..............................................4.5
OWNER's responsibility for ........................8.10
Indemnification ... 4 .................... 6.12,
6.16,6.31-6.33
Initially Acceptable Schedules ..........................
2.9
Inspection —
Certificates of ......................... 9.13.4,
13.5, 14.12
Final.................4..4....4..4.................
14.11
Special, required by ENGINEER ....................9.6
Tests and Approval ........................8.7,
13.3-13.4
Insurance —
Acceptance of, by OWNER .........................
5.14
Additional, required by changes
in the Work.................................11.4.5.9
Before starting the Work .......4..4........4....4....
2.7
Bonds and —in general.......4.........................
5
Cancellation Provisions ..............................
5.8
Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5,
5.8, 5.14,
.
9.13.4, 14.12
completed operations ..............................5.4.13
CONTRACTOR's Liability 44........44 ...............
5.4
CONTRACTOR's objection to coverage .............
5.14
Contractual Liability ..4....4..4.........4.........
5.4.10
Article or Paragraph
Number
deductible amounts, CONTRACTOR's
responsibility .....................................
5.9
Final Application for Payment ......................14.12
Licensed Insurers ....................................5.3
Notice requirements, material
changes ..................................
5.8, 10.5O
Option to Replace ..................................
5.14
other special insurances .................. .
.
5.10
4444...
OWNER as fiduciaryfor insureds ..............
..
5.12-5.13
OWNER's Liability ...4....4........4....:......4....
5.5
OWNER's Responsibility .............................
8.5
Partial Utilization, Property Insurance................5.15
Property .....................................
... 5.6.5.10
Receipt and Application of Insurance Proceeds
.. 5.12-5.13
Special Insurance ...................................5.10
Waiver of Rights .....4.......4.....4.......4........
5:11
Intent of Contract Documents .......................3.1-3.4
Interpretations and Clarifications ....... ..
3.6.3, 9.4
Investigations of physical conditions .....44..44.........
4.2
Labor, Materials and Equipment ....................
6.3 6.5
Lands —
and Easements .............. .....................
- „ 8.4
Availability of ...................................
4.1, 8.4
Reports & Tests.....................................8.4
Laws and Regulations —Laws or Regulations—
Bonds...................................4444.
.. 5.1-5.2
Changes in the Work .......4 .............4..4...4...
10.4
Contract Documents ......4 .............4.4...4......
3.1
CONTRACTOR's Responsibilities ...................
6.14
Correction Period, defective Work ..................
13.12
Cost of the Work, taxes 4 ........................
11.4.5.4
definition of........................................1.22
general ....................................
6.14
Indemnification................................6.31.6.33
..
Insurance............................................5.3
Precedence....................................3.11
3.3.3
Reference to .................. ..
.. 3.3.1
Safety and Protection ................... ...
6.20, 13.2
Subcontractors, Suppliers and Others .....
.. 6.8-6.11
Tests and Inspections ...............................
13.5
Use of Premises....................................6.16
Visits to Site ..............4.4.4............4.........
9.2
Liability Insurance—
CONTRACTOR's....................................
5.4
OWNER's ...................40...44.................
5.5
Licensed Sureties and Insurers .44...4........4........
5.3
Liens —
Application for Progress Payment ...................
14.2
Contractor's Warranty of Title ........................14.3
Final Application for Payment ......................
14.12
definition of ............4.......4....4....4.........
1.23
Waiver of Claims ............4........4.....4......
14.15
Limitations on ENGINEER's authority and
responsibilities.....................................9.13
Limited Reliance by CONTRACTOR Authorized ......
4.2.2
Maintenance and Operating Manuals—
Final Application for Payment ......................14.12
Manuals (of others)—
Precedence.......................................3.3.3.1
F
I
1
I
I
I
I
I
I
I
I
I (��
V
I
Article or Paragraph
Number
Reference to in Contract Documents ................
3.3.1
Materials and equipment—
fumished by CONTRACTOR ........................
6.3
not incorporated in Work ............................
14.2
Materials or equipment —equivalent .....................
6.7
Mediation (Optional) ..................................
16.7
Milestones —definition of ..............................
1.24
Miscellaneous —
Computation of Times ..............................
17.2
Cumulative Remedies ...............................
17.4
Giving Notice ................00............00.......
17.1
Notice of Claim .......................00........0.0.
17.3
Professional Fees and Court Costs Included ..........
17.5
Multi -prime contracts .................. 0.................
7
Not Shown or Indicated ..............................
4.3.2
Notice of --:-
Acceptability of Project ............................
14.13
Award, definition of .................... 6 ............
1.25
Claim..............................................17.3
Defects. ............................................
13.1
Differing Subsurface or Physical Conditions ..........4.2.3
Giving..............................................
17.1
Tests and Inspections ...............................
13.3
Variation, Shop Drawing and Sample ................
6.27
Notice to Proceed —
definition of ........................................
1.26
givingof.............................................2.3
Notification to Surety.................................10.5
Observations, by ENGINEER ....................
6.30, 9.2
Occupancy of the Work ................ 5.15, 6.30.2.4,
14.10
Omissions or acts by CONTRACTOR .............
6.9, 9.13
"Open peril" policy form, Insurance ...................5.6.2
Option to Replace .....................................5.14
'•Or Equal" Items
......................................6.7
Other work..............................................7
Overtime Work —prohibition of .........................
6.3
OWNER —
Acceptance of defective Work ......................
13.13
appoint an ENGINEER ..............................
8.2
as fiduciary....................................5.12-5.13
Availability of Lands, responsibility ...................
4.1
definition of........................................1.27
data,fumish.........................................8.3
May Correct Defective Work .......................
13.14
May refuse to make payment ........................
14.7
May Stop the Work................................13.10
may suspend work,
terminate .......................8.8. 13.10,
15.1-15.4
Payment, make prompt ................... 8.3,
14.4, 14.13
performance of other Work ...........................
7.1
permits and licenses, requirements ..................
6.13
purchased insurance requirements ...............5.6-5.10
OWNER's—
Acceptance of the Work .........................
6.30.2.5
Change Orders, obligation to
execute....................................8.6,
10.4
Communications.....................................8.1
Coordination of the Work ............................
7.4
Disputes, request for decision .......................
9.11
Article or Paragraph
Number
Inspections, tests and approvals .................
8.7, 13.4
Liability Insurance...................................5.5
Notice of Defects ...................................
13.1
Representative —During Construction,
ENGINEER's Status ............................
9.1
Responsibilities —
Asbestos, PCB's, Petroleum, Hazardous
Waste on Radioactive Material ..................
8.10
Change Orders....................................8.6
Changes in the Work ..............................
10.1
communications...................................8.1
CONTRACTOR's responsibilities ..................
8.9
evidence of financial arrangements ................
8.11
inspections, tests and approvals ....................8.7
Insurance .........................................
8.5
lands and easements ...............................
8.4
prompt payment by ................................
8.3
replacement of ENGINEER .0.!... 0 ...............
8.2
reports and tests .....00............0.......0.......
8.4
stop or suspend Work ..................
8.8, 13.10, 15.1
terminate CONTRACTOR's services ..........
8.8, 15.2
separate representative at site ........................
9.3
independent testing.................................13.4
use or occupancy of the
Work....................................5.15,
14.10
written consent or approval
required ...............................
9.1, 6.3. 11.4
written notice
required .......... 7.1, 9.4, 9.11, 11.2,
11.9, 14.7, 15.4
PCBs —
definition of ...............0.........0........0.4...
1.29
general..............................................4.5
OWNER's responsibility for ........................
8.10
Partial Utilization —
definition of........................................1.28
general...................................6.302.4,
14.10
Property Insurance .................................
5.15
Patent Fees and Royalties ...0..........0.0.........0..
6.12
Payment Bonds .....................................
5.1-5.2
Payments, Recommendation of .............34.4-14.7,
14.13
Payments to CONTRACTOR and Completion —
Application for Progress Payments ..................
14.2
CONTRACTOR's Warranty of Title .................
14.3
Final Application for Payment ......................
14.12
Final Inspection...................................14.11
Final Payment and Acceptance ...............14.13-14.14
general...........................................8.3,
14
Partial Utilization..................................14.10
Retainage...........................................14.2
Review of Applications for Progress
Payments ..................................14.4-14.7
prompt payment.....................................8.3
Schedule of Values ...........0....0....0...........0
14.1
Substantial Completion .........................
14.8-14.9
Waiver of Claims..................................14.15
when payments due ...0.......00...........0.
14.4, 14.13
withholding payment................................34.7
Performance Bonds .................................
5.1-5.2
Permits...............................................6.13
[1
I
I
I
[1
I
I
I
I
I
I
CI
I
I
I
I
1l
I
Article or Paragraph
Number
Petroleum.
definition of ........................................
1.30
general..............................................
4.5
OWNER's responsibility for ........................
8.10
Physical Conditions —
Drawings of, in or relating to ......................
4.2.1.2
ENGINEER's review ..............................
4.2.4
existing structures..................................4.2.2
general...........................................4.2.1.2
Subsurface and . .....................................
4.2
Underground Facilities ..
... 4.3
Possible Contract Documents Change ...............
4.2.5
Possible Price and Times Adjustments
.............. 4.2.6
Reports and Drawings ..............................
4.2.1
Notice of Differing Subsurface or . ..................
4.2.3
Subsurface and ...............
... 4.2
Subsurface Conditions ............................
4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized ....................
4.2.2
Underground Facilities —
general...........................................
4.3
Not Shown or Indicated ....
... 4.3.2
Protection of ...............................
4.3, 6.20
Shown or Indicated ............................4.3.!
Technical Data .....................................4.2.2
Preconstruction Conference ............................
2.8
Preliminary Matters ......................................2
Preliminary Schedules..................................2.6
Premises, Use of ........... ....................
.. 6.16-6.18
Price, Change of Contract ...............................
II
Price, Contract —definition of ..........................
1.11
Progress Payment, Applications for ....................
14.2
Progress payment—retainage ..............
........ 14.2
Progress schedule, CONTRACTOR's .....
2.6, 2.8, 2.9, 6.6,
6.29, 10.4, 15.2.1
Project —definition of ..................................
1.31
Project Representative—
ENGINEER's Status During Construction ............ 9.3
Project Representative, Resident
-definition of......................................1.33
prompt payment by OWNER ...........................83
Property Insurance
Additional...........................................57
general ..........................................
5.6-5.10
Partial Utilization ...........................5.15.
14.10.2
receipt and application of
proceeds ........................
.. 5.12-5.13
Protection, Safety and .......................
6.20-6.21, 13.2
Punch list ............................................
14.11
Radioactive Material—
definition...........................................1.32
general..............................................4.5
OWNER's responsibility for ........................
8.10
Recommendation of Payment ..............
14.4, 14.5, 14.13
Record Documents .......... ...............
6.19, 14.12
Records, procedures for maintaining ....................
2.8
Reference Points.......................................4.4
Reference to Standards and Specifications
of Technical Societies
3.3
................................
10
Article or Paragraph
Number
Regulations, Laws and (or) ............................
6.14
Rejecting Defective Work ...............................
9.6
.•\
Related Work —
atSite ..........................:................
7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review ..................
6.28
Remedies, cumulative ............................
17.4, 17.5
Removal or Correction of
Defective Work....................................13.11
rental agreements, OWNER approval
required ......................................
11.4.5.3
replacement of ENGINEER, by OWNER ..............
8.2
Reporting and Resolving Discrepancies ....
2.5, 3.3.2, 6.14.2
Reports —
and Drawings ......................................
4.2.1
and Tests, OWNER's responsibility ..................
8.4
Resident Project Representative —
definition of........................................1.33
provision for.........................................9.3
Resident Superintendent, CONTRACTOR's
............. 6.2
Responsibilities—
CONTRACTOR's-in general ...........................
6
ENGINEER's-in general ...............................
9
Limitations on....................................9.13
OV'NCR's-in general ..............................
.. 8
Retainage.............................................14.2
Reuse of Documents...................................3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal ......................
6.25
Review of Applications for Progress
Payments......................................14.4-14.7
Right to an adjustment................................10.2
Rights of Way..........................................4.1
■r
Royalties, Patent Fees and .............................
6.12
Safe Structural Loading ...............................
6.18
Safety —
and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21,7.2, 13.2
general........................................62-623
Representative, CONTRACTOR's ...................6.21
Samples—
I
definition of ........................................
1.34
general ........................................
6.24-6.28
Review by CONTRACTOR .........................
6.25
Review by ENGINEER .......................
6.26, 6.27
related Work........................................628
submittal of.......................................6.24.2
submittal procedures .............................
.. 6.25
Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29,
10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals ....................... 2.6, 2.8-2.9,
6.24-6.28
Schedule of Values ........................ 2.6,
2.8-2.9, 14.1
1,
Schedules —
Adherence to ...........
15.2.1
Adjusting............................................6.6
..
Change of Contract Times ..........................
10.4
j
Initially Acceptable ...............................2.8-2.9
Preliminary
..........................................2.6
Scope of Changes ..............................10.3-10.4
Subsurface Conditions ..............................
4.2.1.1
i
I
Article or Paragraph
Number
Shop Drawings—
and Samples, general ...........................
6.24-6.28
Change Orders & Applications for
Payments, and .. ..............................
9.7-9.9
definition of ........................................
1.35
ENGINEER's approval of .................
..... 3.6.2
ENGINEER's responsibility
for review ...............................
9.7, 6.24-6.28
relatedWork ........................................
6.28
review procedures .........................
2.8. 6.24-6.28
JI
submittal required .............................
.. 6.24.1
Submittal Procedures ...............................
6.25
use to approve substitutions ..
.. 6.7.3
Shown or Indicated...................................4.3.1
Site Access.......................................7.2.
13.2
Site Cleanliness.......................................6.17
Site, Visits to —
by ENGINEER ................................
9.2, 13.2
by others ...........................................13.2
"Special causes of loss" policy form, insurance
....... 5.6.2
Specifications —
definition of........................................1.36
of Technical Societies, reference to .................
3.3.1
precedence........................................3.3.3
Standards and Specifications of Technical
Societies .. ..........
..3.3
Starting Construction, Before .......................2.5-2.8
Starting the Work......................................2.4
Stop or Suspend Work —
by CONTRACTOR .................................
15.5
by OWNER ............................. 8 8, 13.10, 15.1
Storage of materials and equipment ..........
... 4.1, 7.2
Structural Loading, Safety .............................
6.18
Subcontractor—
Concerning......................................
6.8-6.11
definition of........................................1.37
delays..............................................12.3
waiver of rights.....................................6.11
Subcontractors —in general ........................
6.8-6.11
Subcontracts —required provisions ........ 5.11,
6.11, 11.4.3
Submittals —
Applications for Payment ...........................
14.2
Maintenance and Operation Manuals ...............
14.12
Procedures .......................................
6.25
Progress Schedules ..............................
2.6, 2.9
Samples.......................................6.24-6.28
Schedule of Values .............................
2.6, 14.1
Schedule of Shop Drawings and
Samples Submissions ....................
2.6, 2.8-2.9
Shop Drawings .................................
6.24-6.28
Substantial Completion —
certification of ........................ 6.30.2.3,
14.8.14.9
definition of........................................1.38
Substitute Construction Methods or Procedures .......
6.7.2
Substitutes and "Or Equal" Items ......................
6.7
CONTRACIIDR's Expense .......................
6.7.1.3
ENGINEER's Evaluation ..........................
6.7.3
,.Or Equal..........................................6.7.1
Substitute Construction Methods of Procedures
..... 6.7.2
Article or Paragraph
Number
Substitute Items ..................:...............
6.7.1.2
Subsurface and Physical Conditions —
Drawings of, in or relating to .....................
4.2.1.2
ENGINEER's Review ............:................
4.2.4
general..............................................4.2
Limited Reliance by CONTRACTOR
Authorized....................................422
Notice of Differing Subsurface or
Physical Conditions................................4.2.3
Physical Conditions.................................4.2.1.2
Possible Contract Documents Change .................
4.2.5
Possible Price and Times Adjustments ................
4.2.6
Reports and Drawings ................................
4.2.1
Subsurface and .. ... ...............
4.2
Subsurface Conditions at the Site .................
4.2.1.1
Technical Data.....................................4.2.2
Supervision—
CONTRACTOR's responsibility ......................
6.1
OWNER shall not supervise .........................
8.9
ENGINEER shall not supervise ...............
9.2, 9.13.2
Superintendence.......................................6.2
Superintendent, CONTRACTOR's resident ........... 6.2
Supplementalcosts..................................11.4.5
Supplementary Conditions —
definition of ........................
.. 1.39
principal reference to .... 1.10, 1.18, 2.2,
2.7, 4.2, 4.3, 5.1,
5.3,5.4,5.6-5.9,5.11,6.8,6.13,7.4,8.11,9.3,9.10
Supplementing Contract Documents ....................
3.6
Supplier —
definition of ...............
„ 1.40
principal references to .................. 3.7, 6.5, 6.8-6.11,
6.20,
6.24, 9.13, 14.12
Waiver of Rights....................................6.11
Surety —
consent to final payment .....................
14.12, 14.14
ENGINEER has no duty to .........................
9.13
Notification of ...........................
10.1, 10.5, 15.2
qualification of...................................5.1-5.3
Survival of Obligations................................6.34
Suspend Work, OWNER May ..................
13.10, 15.1
Suspension of Work and Termination— ..................IS
CONTRACTOR May Stop Work or
Terminate ........................................
15.5
OWNER May Suspend Work .......................
15.1
OWNER May Terminate .......................15.2-15.4
Taxes -Payment by CONTRACTOR ....................
6.15
Technical Data —
Limited Reliance by CONTRACTOR ...............
4.2.2
Possible Price and Times Adjustments ..............
4.2.6
Reports of Differing Subsurface and
Physical Conditions ..............................
4.2.3
Temporary construction facilities ........................
4.1
Termination —
by CONTRACTOR .................................
15.5
by OWNER ............................
.. 8.8, 15.1-15.4
of ENGINEER's employment ........................
8.2
Suspension of Work-in general ........................
IS
Terms and Adjectives..................................3.4
Tests and Inspections —
11
I
I
I]
I
[1
I
11
I
I
I
I
I
1
I
Li
I
I
I
I
L
1I
Article or Paragraph
Number
Article or Paragraph
Number
Access to the Work, by others ...................... 13.2 Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, 14.10
CONTRACTOR's responsibilities .................... 13.5 Value of the Work ..................................... 1 1.3
cost of..............................................13.4 Values, Schedule of .......................26 2.8-2.9, 14.1
covering Work prior to .........................13.6-13.7 Variations in Work —Minor
(taws and Regulations (or) .......................... 13.5 Authorized................................6.25, 6.27, 9.5
Notice of Defects ................................... 13.1 Visits of Site —by ENGINEER .................... .. 9.2
OWNER May Stop Work .......................... 13.10 Waiver of Claimson Final
OWNER's independent testing ...................... 13.4 Payment...........................................14.15
special, required by ENGINEER .................... 9.6 Waiver of Rights by insured parties ............... 5.11, 6.11
timely notice required ...............................13.4 Warranty and Guarantee, General —by
Uncovering the Wcrk, at ENGINEER's CONTRACTOR....................................6.30
request....................................13.8-13.9 Warranty of Title, CONTRACPOR's ................... 14.3
Times— Work—
Adjusting............................................6.6 Access to ........................................... 13.2
Change of Contract ................................... 12 by others, ............................................. 7
Adjusting ............. ................................. 6.6 Changes in the ...... 10
Computation of ..:.................................. 17.2 Continuing the, ..................................... 6.29
ContractTimes of ....................... 1.12 CONTRACTOR May Stop Work
day ................................................17.72
or Terminate...................................15.5
Milestones ............................. 12 Coordination of......................................7.4
Requirements —
definition of the ............................ 6........ 11.4-11.5
definition of........................................1.43
appeals .......................................... 16 neglected by CONTRACTOR ...................... 13.14
clarifications, claims and
disputes ............................. 9.11, 11.2, 12 other Work..........................6...........6..... 7
commencement of contract times ................... 2.3 OWNER May Stop Work .......................... 13.10
preconstruction conference ......................... 2.8 OWNER May Suspend Work ................. 13.10, 15.1
schedules .. conference
................. 2...2.8 Related, Work at Site .............................7.1-7.3
starting the Work .................................. 2.4 Starting the..........................................2.4
Stopping by CONTRACTOR ........................15.5
Title, Warranty of ..................................... 14.3 Stopping by OWNER I5.I-15.4
Uncovering Work................................13.8-13.9 Variation and deviation authorized,
Underground Facilities, Physical Conditions— minor...........................................3.6
definition of .........................................1.41 Work Change Directive —
Not Shown or Indicated ............................ 4.3.2 claimsursuant to 10.2
P
protection of.........4.3, 6.20 definition of ........................................ 1.44
Shown or Indicated ................................4.3.1 principal references to .................... 3.5.3, 10.1-10.2
Unit Price Work— Written Amendment —
claims ............................................ 11.9.3 definition of ........................................ 1.45
definition of .
general .... ... . ".......... .............. 1.42 principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2,
11.9, 14.1, 14.5 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2
Unit Prices— Written Clarifications and
general ...........................................11.3.1 Interpretations ........................... 3.6.3, 9.4, 9.11
Determination for...................................9.10 Written Notice Required —
Use of Premises .. .. 6.16, 6.18, 6.30.2.4 by CONTRACTOR ........ 7.1, 9.10-9.I I, 10.4, 11.2, 12.1
Utility owners ....0 ................. 6.13, 6.20, 7.1-7.3, 13.2 by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14
12
0
�
I
I
I
4
4
I
4
4
Eal
I
a
IN
I
GENERAL CONDITIONS
ARTICLE I —DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the, singular and plural
thereof:
I I . Addenda —Written or graphic instruments issued prior
to the opening of Bids which clarify, correct or change the
Bidding Requirements or the Contract Documents.
1.2. Agreement -The written contract between OWNER
and CONTRACTOR covering the Work to be performed; other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
1.3. Application for Payment —The form accepted by EN-
GINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by
such supporting documentation as is required by the Contract
Documents.
1.4. Asbestos —Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health Administration.
1.5. Bid —The offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work to be
performed.
1.6. Bidding Documents —The advertisement or invitation
to Bid, instructions to bidders, the Bid form, and the proposed
Contract Documents (including all Addenda issued prior to
receipt of Bids).
1.7. Bidding Requirements —The advertisement or invita-
tion to Bid, instructions to bidders, and the Bid form.
1.8. Bonds —Performance and Payment bonds and other
instruments of security.
1.9. Change Order —A document recommended by ENGI-
NEER, which is signed by CONTRACTOR and OWNER and
authorizes an addition, deletion or revision in the Work, or an
adjustment in the Contract Price or the Contract Times, issued
on or after the Effective Date of the Agreement.
1.10. Contract Documents —The Agreement, Addenda
(which pertain to the Contract Documents), CONTRACTOR's
Bid (including documentation accompanying the Bid and any
post Bid documentation submitted prior to the Notice of
Award) when attached as an exhibit to the Agreement, the
Notice to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the Draw-
ings as the same are more specifically identified in the Agree-
ment, together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date
of the Agreement. Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6.27 and the reports and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
1.11. Contract Price —The moneys payable by OWNER to
CONTRACTOR for completion of the Work in accordance
with the Contract Documents as stated in the Agreement
(subject to the provisions of paragraph 11.9.1 in the case of
Unit Price Work).
1.12. Contract Times —The numbers of days or the dates
stated in the Agreement: (i) to achieve Substantial Completion,
and (ii) to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommenda-
tion of final payment in accordance with paragraph 14.13.
1.13. CONTRACTOR —The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective —An adjective which when modifying the
word Work refers to Work that is unsatisfactory, faulty or
deficient, in that it does not conform to the Contract Docu-
ments, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to ENGI-
NEER's recommendation of final payment (unless responsi-
bility for the protection thereof has been assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
or 14.10).
1.15. Drawings —The drawings which show the scope,
extent and character of the Work to be furnished and per-
formed by CONTRACTOR and which have been prepared or
approved by ENGINEER and are referred to in the Contract
Documents. Shop drawings are not Drawings as so defined.
1.16. Effective Date of the Agreement —The date indicated
in the Agreement on which it becomes effective, but if no such
date is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
1.17. ENGINEER —The person, firm or corporation named
as such in the Agreement.
1.18. ENGINEER's Consultant —A person, firm or corpo-
ration having a contract with ENGINEER to furnish services
as ENGINEER's independent professional associate or con-
sultant with respect to the Project and who is identified as such
in the Supplementary Conditions.
1.19. Field Order —A written order issued by ENGINEER
which orders minor changes in the Work in accordance with
paragraph 9.5 but which does not involve a change in the
Contract Price or the Contract Times.
13
1.20. General Requirements —Sections of Division I of the
Specifications.
1.21. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid Waste
Disposal Act (42 USC Section 6903) as amended from time to
time.
1.22. Laws and Regulations; Laws or Regulations —Any
and all applicable laws, rules, regulations, ordinances, codes
and orders of any and all governmental bodies, agencies,
authorities and courts having jurisdiction.
1.23. Liens —Liens, charges, security interests or encum-
brances upon real property or personal property.
• 1.24. Milestone —A principal event specified in the Con-
tract Documents relating to an intermediate completion date or
time prior to Substantial Completion of all the Work.
1.25. Notice ofAward—The written notice by OWNER to
the apparent successful -bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein, within the time specified, OWNER will
sign and deliver the Agreement.
1.26. Notice to Proceed —A written notice given by OWNER
to CONTRACTOR (with a copy to ENGINEER) fixing the
date on which the Contract Times will commence to run and on
which CONTRACTOR shall start to perform CONTRAC-
TOR's obligations under the Contract Documents.
1.27. OWNER —The public body or authority, corpora-
tion, association, firm or person with whom CONTRACTOR
has entered into the Agreement and for whom the Work is to be
provided.
1.28. Partial Utilization —Use by OWNER of a substan-
tially completed part of the Work for the purpose for which it is
.intended (or a related purpose) prior to Substantial Completion
of all the Work.
1.29. PCBs —Polychlorinated biphenyls.
1.30. Petroleum —Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch absolute), such as oil, petroleum, fuel
oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with
other non -Hazardous Wastes and crude oils.
1.31. Project —The total construction of which the Work to
be provided under the Contract Documents may be the whole,
or a part as indicated elsewhere in the Contract Documents.
1.32. Radioactive Material —Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 2011 et seq.) as amended from time to
time.
1.33. Resident Project Representative— The authorized
representative of ENGINEER who may be assigned to the site
or any part thereof.
1.34. Samples —Physical examples of materials, equipment,
or workmanship that are representative of some portion of the
Work and which establish the standards by which such portion
of the Work will be judged.
1.35. Shop Drawings —All drawings, diagrams, illustra-
tions, schedules and other data or information which are
specifically prepared or assembled by or for CONTRACTOR
and submitted by CONTRACTOR to illustrate some portion of
the Work.
1.36. Specification —Those portions of the Contract Doc-
uments consisting of written technical descriptions of materi-
als, equipment, construction systems, standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
1.37. Subcontractor —An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work
at the site.
1.38. Substantial Completion —The Work (or a specified
part thereof) has progressed to the point where, in the opinion
of ENGINEER as evidenced by ENGINEER's definitive
certificate of Substantial Completion, it is sufficiently com-
plete, in accordance with the Contract Documents, so that the
Work (or specified part) can be utilized for the purposes for
which it is intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as evidenced by
ENGINEER's written recommendation of final payment in
accordance with paragraph 14.13. The terms "substantially
complete" and "substantially completed" as applied to all or
part of the Work refer to Substantial Completion thereof.
1.39. Supplementary Conditions —The part of the Contract
Documents which amends or supplements these General Con-
ditions.
1.40. Supplier —A manufacturer, fabricator, supplier, dis-
tributor, materialman or vendor having a direct contract with
CONTRACTOR or with any Subcontractor to furnish materi-
als or equipment to be incorporated in the Work by CON-
TRACTOR or any Subcontractor.
1.41. Underground Facilities —All pipelines, conduits, ducts,
cables, wires, manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing such
facilities which have been installed underground to furnish any
of the following services or materials: electricity, gases, steam,
liquid petroleum products, telephone or other communica-
tions, cable television, sewage and drainage removal, traffic or
other control systems or water.
1.42. Unit Price Work —Work to be paid for on the basis of
unit prices.
14
I
4
4
I
4
IN-
4
1.43. Work —The entire completed construction or the var-
ious separately identifiable parts thereof required to be fur-
nished under the Contract Documents. Work includes and is
the result of performing or furnishing labor and furnishing and
incorporating materials and equipment into the construction,
and performing or furnishing services and furnishing docu-
ments, all as required by the Contract Documents.
1.44. Work Change Directive —A written directive to CON-
TRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by
ENGINEER, ordering an addition, deletion or revision in the
Work, or responding to differing or unforeseen physical condi-
tions under which the Work is to be performed as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A
Work Change Directive will not change the Contract Price or
the Contract Times, but is evidence that the parties expect that
the change directed or documented by a Work Change Direc-
tive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times as provided in
paragraph 10.2.
1.45. Written Amendment —A written amendment of the
Contract Documents, signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and normally
dealing with the nonengineering or nontechnical rather than
strictly construction -related aspects of the Contract Docu-
ments.
ARTICLE 2 —PRELIMINARY MATTERS
14 Delivery of Bonds:
IN
a
91
I
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably neces-
sary for.the execution of the Work. Additional copies will be
furnished, upon request, at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed:
2.3. The Contract Times will commence to run on the thirti-
eth day after the Effective Date of the Agreement, or, if a Notice
to Proceed is given, on the day indicated in the Notice to Proceed.
A Notice to Proceed may be given at any time within thirty days
after the Effective Date of the Agreement. In no event will the
Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date
of the Agreement, whichever date is earlier.
Staring the Work:
2.4. CONTRACTOR shall start to perform the Work on the
date when the Contract Times commence to run, but no Work
shall be done at the site prior to the date on which the Contract
Times commence to run.
Before Staring Construction:
2.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict, error, ambiguity or discrepancy which CONTRAC-
TOR may discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity or discrepancy in the Contract Doc-
uments, unless CONTRACTOR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements),
CONTRACTOR shall submit to ENGINEER for review:
2.6.1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and completing
the various stages of the Work, including any Milestones
specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and Sam-
ple submittals which will list each required submittal and the
times for submitting, reviewing and processing such submit-
tal;
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the basis
for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2.7. Before any Work at the site is started, CONTRACTOR
and OWNER shall each deliver to the other, with copies to
each additional insured identified in the Supplementary Condi-
tions, certificates of insurance (and other evidence of insurance
which either of them or any additional insured may reasonably
request) which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with para-
graphs 5.4, 5.6 and 5.7.
Preconstraction Conference:
I
I
I
[1
I
I
I
I
I
I
I
I
I
2.8.
Within
twenty days after
the
Contract Times start to
run, but
before
any Work at the
site
is started, a conference
I5
attended by CONTRACTOR, ENGINEER and others as ap-
propriate will be held to establish a working understanding
among the parties as.to the Work and to discuss the schedules
referred to in paragraph 2.6, procedures for handling Shop
Drawings and othersubmittals, processing Applications for
Payment and maintaining required records.
Initially Acceptable Schedules:
2.9. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first Applica-
tion for Payment a conference attended by CONTRACTOR,
ENGINEER and others as appropriate will be held to review
for acceptability to ENGINEER as provided below the sched-
ules submitted in accordance with paragraph 2.6. CONTRAC-
TOR shall have an additional ten days to make corrections and
adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the
schedules are submitted to and acceptable to ENGINEER as
provided below. The progress schedule will be acceptable to
ENGINEER as providing an orderly progression of the Work
to completion within any specified Milestones and the Contract
Times, but such acceptance will neither impose on ENGI-
NEER responsibility for the sequencing, scheduling or progress
of the Work nor interfere with or relieve CONTRACTOR from
CONTRACTOR's full responsibility therefor. CONTRACTOR's
schedule of Shop Drawing and Sample submissions will be
acceptable to ENGINEER as providing a workable arrange-
ment for reviewing and processing the required submittals.
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3 —CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire. agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary; what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with the
law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be con-
structed in accordance with the Contract Documents. Any
Work, materials or equipment that may reasonably be inferred
from the Contract Documents or from prevailing custom or
trade usage as being required to produce the intended result
will be furnished and performed whether or not specifically
called for. When words or phrases which have a well- known
technical or construction industry or trade meaning are used to
describe Work, materials or equipment, such words or phrases
shall be interpreted in accordance with that meaning. Clarifi-
cations and interpretations of the Contract Documents shall be
issued by ENGINEER as provided in paragraph 9.4.
3.3. Reference to Standards and Specifications of Technical
Sociertes; Reporting and Resolving Discrepancies:
3.3.!. Reference to standards, specifications, manuals or
codes of any technical society, organization or association,
or to the Laws or Regulations of any governmental authority,
whether such reference be specific or by implication, shall
mean the latest standard, specification, manual, code or
Laws or Regulations in effect at the time of opening of Bids
(or, on the Effective Date of the Agreement if there were no
Bids), except as may be otherwise specifically stated in the
Contract Documents.
3.3.2. If, during the performance of the Work, CON-
TRACTOR discovers any conflict, error, ambiguity ordis-
crepancy within the Contract Documents or between the
Contract Documents and any provision of any such Law or
Regulation applicable to the performance of the Work or of
any such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in writing at
once, and, CONTRACTOR shall not proceed with the Work
affected thereby (except in an emergency as authorized by
paragraph 6.23) until an amendment or supplement to the
Contract Documents has been issued by one of the methods
indicated in paragraph 3.5 or 3.6; provided, however, that
CONTRACTOR shall not be liable to OWNER or ENGI-
NEER for failure to report any such conflict, error, ambigu-
ity or discrepancy unless CONTRACTOR knew or reason-
ably should have known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by amendment
or supplement thereto issued by one of the methods indi-
cated in paragraph 3.5 or 3.6, the provisions of the Contract
Documents shall take precedence in resolving any conflict,
error, ambiguity or discrepancy between the provisions of
the Contract Documents and:
3.3.3.1. the provisions of any such standard, speci-
fication, manual, code or instruction (whether or not
specifically incorporated by reference in the Contract
Documents); or
3.3.3.2. the provisions of any such Laws or Regu-
lations applicable to the performance of the Work
(unless such an interpretation of the provisions of the
Contract Documents would result in violation of such
law or Regulation).
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties and
responsibilities of OW N ER, CONTRACTOR or ENGINEER,
or any of their subcontractors, consultants, agents, or em-
ployees from those set forth in the Contract Documents, nor
shall it be effective to assign to OWNER, ENGINEER or
any of ENGINEER's Consultants, agents or employees any
duty or authority to supervise or direct the furnishing or
9(I
in
16
I
performance of the Work or any duty or authority to under-
take responsibility inconsistent with the provisions of para-
graph 9.13 or any other provision of the Contract Docu-
ments.
3.4. Whenever in the Contract Documents the terms "as
ordered," "as directed," "as required." "as allowed," "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable, "suitable,"acceptable,"`proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or judg-
ment of ENGINEER as to the Work, it is intended that such
requirement, direction, review or judgment will be solely to
evaluate, in general, the completed Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of the
completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any such
term or adjective shall not be effective to assign to ENGI-
NEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the provi-
sions of paragraph 9.13 or any other provision of the
Contract Documents.
Amending and Supplementing Contract Documents:
3.5. The Contract Documents may be amended to provide
for additions, deletions and revisions in the Work or to modify
the terms and conditions thereof in one or more of the following
ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4), or
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
3.6.1. a Field Order (pursuant to paragraph 9.5),
of the Drawings, Specifications or other documents (or copies
of any thereof) prepared by or bearing the seal of ENGINEER
or ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaption by ENGINEER.
I
ARTICLE I_AVAILABILITYOF LANDS;
SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be performed,
rights -of -way and easements for access thereto, and such other
lands which are designated for the use of CONTRACTOR.
Upon reasonable written request, OWNER shall furnish CON-
TRACTOR with a correct statement of record legal title and
legal description of the lands upon which the Work is to be
performed and OWNER's interest therein as necessary for
giving notice of or filing a mechanic's lien against such lands in
accordance with applicable Laws and Regulations. OWNER
shall identify any encumbrances or restrictions not of general
application but specifically related to use of lands so furnished
with which CONTRACTOR will have to comply in performing
the Work. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by
OWNER, unless otherwise provided in the Contract Docu-
ments. If CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount orextent of any adjustments in the
Contract Price or the Contract Times as a result of any delay in
OWNER's furnishing these lands, rights -of -way or easements,
CONTRACTOR may make a claim therefor as provided in
Articles II and 12. CONTRACTOR shall provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment. _
4.2. Subsurface and Physical Conditions:
I
I
I
I
I
I
I
3.6.2.
ENGINEER's approval of a
Shop
Drawing or
4.2.1. Reports and Drawings: Reference is made to the
Sample
(pursuant to paragraphs 6.26 and
6.27),
or
Supplementary Conditions for identification of:
3.6.3. ENGINEER's written interpretation or clarifica-
tion (pursuant to paragraph 9.4).
Reuse of Documents:
3.7. CONTRACTOR, and any Subcontractor or Supplier
or other person or organization performing or furnishing any of
the Work under a direct or indirect contract with OWNER (i)
shall not have or acquire any title to or ownership rights in any
4.2.1.1. Subsurface Conditions: Those reports of explo-
rations and tests of subsurface conditions at or contiguous to
the site that have been utilized by ENGINEER in preparing
the Contract Documents; and
4.2.1.2. Physical Conditions: Those drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground
Facilities) that have been utilized by ENGINEER in prepar-
ing
the Contract Documents.
17
I
I
I
I
r
I
I
I -j
n
I
I
I
L
I
1
I
4.2.2. Limited Reliance by CONTRAC7OR Authorized;
Technical Data: CONTRACTOR may rely upon the general
accuracy of the "technical data" contained in such reports and
drawings, but such reports and drawings are not Contract
Documents. Such "technical data" is identified in the Supple-
mentary Conditions. Except for such reliance on such "tech-
nical data," CONTRACTOR may not rely upon or make any
claim against OWNER, ENGINEER or any of ENGINEER's
Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings
for CONTRACTOR'S purposes, including, but not limited
to, any aspects of the means, methods, techniques, se-
quences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs inci-
dent thereto, or
4.2.2.2. other data, interpretations, opinions and infor-
mation contained in such reports or shown or indicated in
such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclu-
sion drawn from any "technical data" or any such data,
interpretations, opinions or information.
4.2.3. Notice of Differing Subsurface or Physical Condi-
tions: If CONTRACTOR believes that any subsurface or
physical condition at or contiguous to the site that is uncovered
or revealed either:
4.2.3.1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in Paragraphs 4.2.1 and 4.2.2 is materially
inaccurate, or
4.2.3.2. is of such a nature as to require a change in the
Contract Documents, or
4.2.3.3. differs materially from that shown or indicated in
the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally recog-
nized as inherent in work of the character provided for in the
Contract Documents; then
CONTRACTOR shall, promptly after becoming aware thereof
and before further disturbing conditions affected thereby or
performing any Work in connection therewith (except in an
emergency as permitted by paragraph 6.23), notify OWNER
and ENGINEER in writing about such condition. CONTRAC-
TOR shall not further disturb such conditions or perform any
Work in connection therewith (except as aforesaid) until re-
ceipt of written order to do so.
4.2.4. ENGINEER's Review: ENGINEER will promptly
review the pertinent conditions, determine the necessity of
OWNER's obtaining additional exploration or tests with re-
spect thereto and advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's findings and conclusions.
4.2.5. - Possible Contract Documents Change: If ENGI-
NEER concludes that a change in the Contract Documents is
required as a result of a condition that meets one or more of the
categories in paragraph 4.2.3., a Work Change Directive or a
Change Order will be issued as provided in Article 10 to reflect
and document the consequences of such change.
4.2.6. Possible Price and Times Adjustments: An equitable
adjustment in the Contract Price or in the Contract Times, or
both, will be allowed to the extent that the existence of such
uncovered or revealed condition causes an increase or de-
crease in CONTRACTOR's cost of, or time required for
performance of, the Work; subject, however, to the following:
4.2.6.1. such condition must meet any one or more of the
categories described in paragraphs 4.2.3.1 through 4.2.3.4,
inclusive;
4.2.6.2. a change in the Contract Documents pursuant to
Paragraph 4.2.5 will not be an automatic authorization of nor
a condition precedent to entitlement to any such adjustment;
4.2.6.3. with respect to Work that is paid for on a Unit
Price Basis, any adjustment in Contract Price will be subject
to the provisions of paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Times if;
4.2.6.4.1. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and
Contract Times by the submission of a bid or becoming
bound under a negotiated contract; or
4.2.6.4.2. the existence of such condition could rea-
sonably have been discovered or revealed as a result of
any examination, investigation, exploration, test or study
of the site and contiguous areas required by the Bidding
Requirements or Contract Documents to be conducted by
or for CONTRACTOR prior to CONTRACTOR's making
such final commitment; or -
4.2.6.4.3. CONTRACTOR failed to give the written
notice within the time and as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract Times,
a claim may be made therefor as provided in Articles II and 12.
However, OWNER, ENGINEER and ENGINEER's Consult-
ants shall not be liable to CONTRACTOR for any claims,
costs, losses or damages sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
4.3. Physical Conditions—Undergroand Facilities:
4.3.1. Shown or Indicated: The information and data shown 19
or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on
I,
h
I
I'
d
information and data furnished to OWNER or ENGINEER by
the owners of such Underground Facilities or by others. Unless it
is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be respon-
sible for the accuracy or completeness of any such informa-
tion or data; and
4.3.1.2. The cost of all of the following will be included in
the Contract Price and CONTRACTOR shall have full respon-
sibility for. (i) reviewing and checking all such information and
data, (ii) locating all Underground Facilities shown or indicated
in the Contract Documents, (iii) coordination of the Work with
the owners of such Underground Facilities during construction,
and (iv) the safety and protection of all such Underground
Facilities as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Shown or Indicated: If an Underground Facility
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents, CON-
TRACTOR shall, promptly after becoming aware thereof and
before further disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by paragraph 6.23), identify the owner
of such Underground Facility and give written notice to that
owner and to OWNER and ENGINEER. ENGINEER will
promptly review the Underground Facility and determine the
extent, if any, to which a change is required in the Contract
Documents to reflect and document the consequences of the
existence of the Underground Facility. If ENGINEER con-
cludes that a change in the Contract Documents is required, a
Work Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document such conse-
quences. During such time, CONTRACTOR shall be respon-
sible for the safety and protection of such Underground Facility
as provided in paragraph 6.20. CONTRACTOR shall be al-
lowed an increase in the Contract Price or an extension of the
Contract Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was not
shown or indicated in the Contract Documents and that CON-
TRACTOR did not know of and could not reasonably have
been expected to be aware of or to have anticipated. If
OWNER and CONTRACTOR are unable to agree on entitle-
ment to or the amount or length of any such adjustment in
Contract Price or Contract Times, CONTRACTOR may make
a claim therefor as provided in Articles II and 12. However,
OWNER, ENGINEER and ENGINEER's Consultants shall
not be liable to CONTRACTOR for any claims, costs, losses or
damages incurred or sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for laying
out the Work, shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be respon-
sible for the accurate replacement or relocation of such refer-
ence points by professionally qualified personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio-
active Material:
4.5.1. OWNER shall be responsible for any Asbestos,
PCBs, Petroleum, Hazardous Waste or Radioactive Material
uncovered or revealed at the site which was not shown or
indicated in Drawings or Specifications or identified in the
Contract Documents to be within the scope of the Work and
which may present a substantial danger to persons or property
exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials
brought to the site by CONTRACTOR, Subcontractor, Suppli-
ers or anyone else for whom CONTRACTOR is responsible.
4.5.2. CONTRACTOR shall immediately: (i) stop all
Work in connection with such hazardous condition and in
any area affected thereby (except in an emergency as re-
quired by paragraph 6.23), and (ii) notify OWNER and
ENGINEER (and thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concern-
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action,
if any. CONTRACTOR shall not be required to resume Work
in connection with such hazardous condition or in any such
affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTRACTOR
special written notice: (i) specifying that such condition and
any affected area is or has been rendered safe for the
resumption of Work, or (ii) specifying any special conditions
under which such Work may be resumed safely. If OWNER
and CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of such Work stoppage or such
special conditions under which Work is agreed by CON-
TRACTOR to be resumed, either party may make a claim
therefor as provided in Articles I 1 and 12.
4.5.3. If after receipt of such special written notice
CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to
resume such Work under such special conditions, then
OWNER may order such portion of the Work that is in
connection with such hazardous condition or in such af-
fected area to be deleted from the Work. If OWNER and
CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of deleting such portion of the
Work, then either party may make a claim therefor as
provided in Articles II and 12. OWNER may have such
deleted portion of the Work performed by OWNER's own
forces or others in accordance with Article 7.
4.5.4. To the fullest extent permitted by Laws and Reg-
ulations, OWNER shall indemnify and hold harmless CON-
TRACTOR, Subcontractors, ENGINEER, ENGINEER's
I
[1
I
I
[1
I
I
I
I
I
I
I
I
I
Ii
19
II
I
I
I
I
I
■ 1
I
I
I
1J
Ii
I
I
C
I
Consultants and the officers, directors, employees, agents,
other consultants and subcontractors of each and any of
them from and against all claims, costs, losses and damages
arising out of or resulting from such hazardous condition,
provided that: (i) any such claim, cost, loss or damage is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom,
and (ii) nothing in this subparagraph 4.5.4 shall obligate
OWNER to indemnify any person or entity from and against
the consequences of that person's or entity's own negli-
gence.
4.5.5. The provisions of paragraphs 4.2 and 4.3 are not
intended to apply to Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material uncovered or revealed at the
site.
ARTICLE 5 —BONDS AND INSURANCE
Performance, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date hen final payment becomes due, except as
provided otherwise by Laws or Regulations or by the Contract
Documents. CONTRACTOR shall also furnish such other
Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the form prescribed by the Contract Docu-
ments except as provided otherwise by Laws or Regulations,
and shall be executed by such sureties as are named in the
current list of"Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570 (amended)
by the Audit Staff, Bureau of Government Financial Opera-
tions, U.S. Treasury Department. All Bonds signed by an
agent must be accompanied by a certified copy of such agent's
authority to act.
5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right to
do business is terminated in any state where any part of the
Project is located or it ceases to meet the requirements of
paragraph 5.1, CONTRACTOR shall within ten days thereafter
substitute another Bond and surety, both of which must be
acceptable to OWNER.
5.3. licensed Sureties and Insurers; Certifrcares of Insurance:
5.3.1. All Bonds and insurance required by the Contract
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insurance
companies that are duly licensed or authorized in the juris-
diction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be pro-
vided in the Supplementary Conditions.
5.3.2. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and maintain in accordance with paragraph 5.4.
OWNER shall deliver to CONTRACTOR, with copies to
each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of
insurance requested by CONTRACTOR or any other addi-
tional insured) which OWNER is required to purchase and
maintain in accordance with paragraphs 5.6 and 5.7 hereof.
CONTRACTOR's Liability ity Insurance:
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide protection
from claims set forth below which may arise out of or result
from CONTRACTOR's performance and furnishing of the
Work and CONTRACTOR's other obligations under the Con-
tract Documents, whether it is to be performed or furnished by
CONTRACTOR, any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any.of them to perform or
furnish any of the Work, or by anyone for whose acts any of
them may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury, oc-
cupational sickness or disease, or death of CONTRAC-
TOR's employees;
. 5.4.3. claims for damages because of bodily injury, sick-
ness or disease, or death of any person other than CON-
TRACTOR's employees;
5.4.4. claims for damages insured by customary personal
injury liability coverage which are sustained: (i) by any
person as a result of an offense directly or indirectly related
to the employment of such person by CONTRACTOR, or (ii)
by any other person for any other reason;
5.4.5. claims for damages, other than to the Work itself,
because of injury to or destruction of tangible property
wherever located, including loss of use resulting therefrom;
and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
in
aI
wl
II
R
4
4
JJ
Lii
4
11
The policies of insurance so required by this paragraph 5.4 to
be purchased and maintained shall:
5.4.7. with respect to insurance required by paragraphs
5.4.3 through 5.4.6 inclusive, include as additional insureds
(subject to any_customary exclusion in respect of profes-
sional liability) OWNER, ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as
additional insureds, and include coverage for the respective
officers and employees of all such additional insureds;
5.4.8. include the specific coverages and be written for
not less than the limits of liability provided in the Supple-
mentary Conditions or required by Laws or Regulations,
whichever is greater;
5.4.9. include completed operations insurance;
5.4.10. include contractual liability insurance covering
CONTRACTOR'S indemnity obligations under paragraphs
6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain- a provision or endorsement that the
coverage afforded will not be cancelled, materially changed
or renewal refused until at least thirty days prior written
notice has been given to OWNER and CONTRACTOR and
to each other additional insured identified in the Supplemen-
tary Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so pro-
vide);
5.4.12. remain in effect at least until final payment and at
all times thereafter when CONTRACTOR may be correct-
ing, removing or replacing defective Work in accordance
with paragraph 13.12; and
5.4.13. with respect to completed operations insurance,
and any insurance coverage written on a claims -made basis,
remain in effect for at least two years after final payment
(and CONTRACTOR shall furnish OWNER and each other
additional insured identified in the Supplementary Condi-
tions to whom a certificate of insurance has been issued
evidence satisfactory to OWNER and any such additional
insured of continuation of such insurance at final payment
and one year thereafter).
OWNER's Liability Insurance:
5.5. In addition to the insurance required to be provided by
CONTRACTOR under paragraph 5.4, OWNER, at OWNER's
option, may purchase and maintain at OWNER's expense
OWNER's own liability insurance as will protect OWNER
against claims which may arise from operations under the
Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary Con-
ditions, OWNER shall purchase and maintain property insur-
21
ance upon the Work at the site in the amount of the full
replacement cost thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
5.6.1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured;
5.6.2. be written on a Builder's Risk "all-risk" or open
peril or special causes of loss policy form that shall at least
include insurance for physical loss or damage to the Work,
temporary buildings, falsework and Work in transit and shall
insure against at least the following perils fire, lightning,
extended coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal; demolition occasioned
by enforcement of Laws and Regulations, water damage,
and such other perils as may be specifically required by the
Supplementary Conditions;
5.6.3. include expenses incurred in the repair or replace-
ment of any insured property (including but not limited to
fees and charges of engineers and architects);
5.6.4. cover materials and equipment stored at the site or
at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work, provided that such
materials and equipment have been included in an Applica-
tion for Payment recommended by ENGINEER; and
5.6.5. be maintained in effect until final payment is made
unless otherwise agreed to in writing by OWNER, CON-
TRACTOR and ENGINEER with thirty days written notice
to each other additional insured to whom a certificate of
insurance has been issued.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured.
5.8. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and 5.7
will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to OWNER and CONTRACTOR and to each other
additional insured to whom a certificate of insurance has been
issued and will contain waiver provisions in accordance with
paragraph 5.11.
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests of
CONTRACTOR. Subcontractors or others in the Work to the
extent of any deductible amounts that are identified in the
Supplementary Conditions. The risk of loss within such iden-
tified deductible amount, will be borne by CONTRACTOR,
Subcontractor or others suffering any such loss and if any of
them wishes property insurance coverage within the limits of
such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance policies
provided under paragraphs 5.6 or 5.7, OWNER shall, if possi-
ble, include such insurance, and the cost thereof will be
charged to CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
5.11. Waver of Rights:
5.11.1. OWNER and CONTRACTOR intend that all
policies purchased in accordance with paragraphs 5.6 and
5.7 will protect OWNER, CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and all other per-
sons or entities identified in the Supplementary Conditions to
be listed as insureds or additional insureds in such policies
and will provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall
contain provisions to the effect that in the event of payment
of any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. OWNER and CONTRACTOR waive all rights
against each other and their respective officers, directors,
employees and agents for all losses and damages caused by,
arising out of or resulting from any of the perils covered by
such policies and any other property insurance applicable to
the Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants
and all other persons or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
5.11.2. In addition, OWNER waives all rights against
CONTRACTOR, Subcontractors, ENGINEER, ENGI-
NEER's Consultants and the officers, directors, employees
and agents of any of them, for:
5.11.2.1. loss due to business interruption, loss of use
or other consequential loss extending beyond direct phys-
ical loss or damage to OWNER's property or the Work
caused by, arising out of or resulting from fire or other
peril, whether or not insured by OWNER; and
22
5.11.2.2.' loss or damage to the completed Project or
part thereof caused by, arising out of or resulting from fire
or other insured peril covered by any property insurance
maintained on the completed Project or part thereof by
OWNER during partial utilization pursuant to paragraph
14.10, after substantial completion pursuant to paragraph
14.8 or after final payment pursuant to paragraph 14.13.
Any insurance policy maintained by OWNER covering any
loss, damage or consequential loss referred to in this paragraph
5.11.2 shall contain provisions to the effect that in the event of
payment of any such loss, damage or consequential loss the
insurers will have no rights of recovery against any of CON-
TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con-
sultants and the officers, directors, employees and agents of
any of them.
Receipt and Application of Insurance Proceeds
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph 5.13.
OWNER shall deposit in a separate account any money so
received, and shall distribute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached the damaged Work shall be repaired or
replaced, i'ie moneys so received applied on account thereof
and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
5.13. OWNER -as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If such
objection be made, OWNER as fiduciary shall make settlement
with the insurers in accordance with such agreement as the
parties in interest may reach. If no such agreement among the
parties in nterest is reached, OWNER as fiduciary shall adjust
and settle the loss with the insurers and, if required in writing
by any party in interest, OWNER as fiduciary shall give bond
for the proper performance of such duties.
Acceptance of Bonds and Insurance; Option to Replace:
5.14. If either party (OWNER or CONTRACTOR) has any
objection to the coverage afforded by or other provisions of the
Bonds or insurance required to be purchased and maintained
by the other party in accordance with Article 5 on the basis of
non-conformance with the Contract Documents, the objecting
party shall so notify the other party in writing within ten days
after receipt of the certificates (or other evidence requested)
required by paragraph 2.7. OWNER and CONTRACTOR shall
each provide to the other such additional information in respect
of insurance provided as the other may reasonably request. If
either party does not purchase or maintain all of the Bonds and
insurance required of such party by the Contract Documents,
such party shall notify the other party in writing of such failure
to purchase prior to the start of the Work, or of such failure to
maintain prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
N
a"
N
s
N
N
N
N
S
11
I
4
1
4
I
D
Ii
required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
Partial Utiliza6nn—Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Completion
of all the Work, such use or occupancy may be accomplished in
accordance with paragraph 14.10; provided that no such use or
occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the property insur-
ance shall not be cancelled or permitted to lapse on account of
any such partial use or occupancy.
ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise, inspect and direct the
Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Con-
tract Documents. CONTRACTOR shall be solely responsible
for the means, methods, techniques, sequences and procedures
of construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification of a
specific means, method, technique, sequence or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall be
responsible to see that the completed Work complies accu-
rately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent, who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at the
site and shall have authority to act on behalf of CONTRAC-
TOR. All communications to the superintendent shall be as
binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qual-
ified personnel to survey, lay out and construct the Work as
required by the Contract Documents. CONTRACTOR shall at
all times maintain good discipline and order at the site. Except
as otherwise required for the safety or protection of persons or
the Work or property at the site or adjacent thereto, and except
as otherwise indicated in the Contract Documents, all Work at
the site shall be performed during regular working hours and
CONTRACTOR will not permit overtime work or the perfor-
mance of Work on Saturday, Sunday or any legal holiday
without OWNER's written consent given after prior written
notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments, CONTRACTOR shall furnish and assume full respon-
sibility for all materials, equipment, labor, transportation, con-
struction equipment and machinery, tools, appliances, fuel,
power, light, heat, telephone, water, sanitary facilities, tempo-
rary facilities and all other facilities and incidentals necessary
for the furnishing, performance, testing, start-up and comple-
tion of the Work.
6.5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Docu-
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit ofOWNER.
WN ER.
If required by ENGINEER, CONTRACTOR shall furnish
satisfactory evidence (including reports of required tests) as to
the kind and quality of materials and equipment. All materials
and equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise provided in the
Contract Documents.
Progress Schedule:
6.6. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) pro-
posed adjustments in the progress schedule that will not
change the Contract Times (or Milestones). Such adjust-
ments will conform generally to the progress schedule then
in effect and additionally will comply with any provisions of
the General Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall be
submitted in accordance with the requirements of paragraph
12.1. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.
6.7. Substitutes and "Or -Equal" Items:
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type, function and quality required. Unless the
specification or description contains or is followed by words
reading that no like, equivalent or "or -equal" item or no
substitution is permitted, other items of material or equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the following circumstances:
I
I
P1
I
Ii
I
I
C]
I
I
I
I
[1
I
U
23
I,
6.7.1.1. "Or -Equal": If in ENGINEER's sole discre-
tion an item of material or equipment proposed by CON-
TRACTOR is functionally equal to that named and suffi-
ciently similar so that no change in related Work will be
required, it may be considered by ENGINEER as an
"or -equal" item, in which case review and approval of the
proposed item may, in ENGINEER's sole discretion, be
accomplished without compliance with some or all of the
requirements for acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR does not qualify as an "or -equal" item
under subparagraph 6.7.1.1, it will be considered a pro-
posed substitute item. CONTRACTOR shall submit suffi-
cient information as provided below to allow ENGINEER
to determine that the item of material or equipment
proposed is essentially equivalent to that named and an
acceptable substitute therefor. The procedure for review
by the ENGINEER will include the following as supple-
mented in the General Requirements and as ENGINEER
may decide is appropriate under the circumstances. Re-
quests for review of proposed substitute items of material
or equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR. If CONTRACTOR
wishes to furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make written appli-
cation to ENGINEER for acceptance thereof, certifying
that the proposed substitute will perform adequately the
functions and achieve the results called for by the general
design, be similar in substance to that specified and be
suited to the same use as that specified. The application
will state the extent, if any, to which the evaluation and
acceptance of the proposed substitute will prejudice CON-
TRACTOR's achievement of Substantial Completion on
time, whether or not acceptance of the substitute for use in
the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project) to adapt
the design to the proposed substitute and whether or not
incorporation or use of the substitute in connection with
the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance, repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of all costs or credits that will result directly or
indirectly from acceptance of such substitute, including
costs of redesign and claims of other contractors affected
by the resulting change, all of which will be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may require CONTRACTOR to furnish addi-
tional data about the proposed substitute.
6.7.1.3. CONTRACTOR's Expense: All data to be
provided by CONTRACTOR in support of any proposed
"or -equal" or substitute item will be at CONTRACTOR's
expense.
6.7.2. Substitute Construction Methods or Procedures: If a
specific means, method, technique, sequence or procedure of
construction is shown or indicated in and expressly required by
the Contract Documents, CONTRACTOR may furnish or
utilize a substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER. CON-
TRACTOR shall submit sufficient information to allow ENGI-
NEER, in ENGINEER's sole discretion, to determine that the
substitute proposed is equivalent to that expressly called for by
the Contract Documents. The procedure for review by ENGI-
NEER will be similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2.
ENGINEER will be the sole judge of acceptability. No "or -
equal" or substitute will be ordered, installed or utilized
without ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to furnish at
CONTRACTOR's expense a special performance. guarantee or
other surety with respect to any "or -equal" or substitute.
ENGINEER will record time required by ENGINEER and
ENGINEER's Consultants in evaluating substitutes proposed
or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2
and 6.7.2 and in making changes in the Contract Documents (or
in the provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER accepts a substitute item so proposed or submit-
ted by CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and ENGINEER's
Consultants for evaluating each such proposed substitute item.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indicated
in paragraph 6.8.2), whether initially or as a substitute,
against whom OWNER or ENGINEER may have reason-
able objection. CONTRACTOR shall not be required to
employ any Subcontractor, Supplier or other person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the iden-
tity of certain Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the princi-
pal items of materials or equipment) to be submitted to
OWNER in advance of the specified date prior to the
Effective Date of the Agreement for acceptance by OWNER
and ENGINEER, and if CONTRACTOR has submitted a
list thereof in accordance with the Supplementary Condi-
tions, OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto by the
date indicated for acceptance or objection in the bidding
documents or the Contract Documents) of any such Subcon-
tractor, Supplier or other person or organization so identified
may be revoked on the basis of reasonable objection after
due investigation, in which case CONTRACTOR shall sub-
mit an acceptable substitute, the Contract Price will be
adjusted by the difference in the cost occasioned by such
'I
24
I
I
a
I
go
substitution and an appropriate Change Order will be issued
or Written Amendment signed. No acceptance by OWNER
or ENGINEER of any such Subcontractor, Supplier or other
person or organization shall constitute a waiver of any right
of OWNER or ENGINEER to reject defective Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers and other persons and organiza-
tions performing or furnishing any of the Work under a direct
or indirect contract with CONTRACTOR just as CON-
TRACTOR is responsible for CONTRACTOR's own acts
and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier or
other person or organization any contractual relationship
between OWNER or ENGINEER and any such Subcon-
tractor, Supplier or other person or organization, nor shall it
create any obligation on the part of OWNER or ENGI-
NEER to pay or to see to the payment of any moneys due
any such Subcontractor, Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations.
6.9.2. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACTOR shall require all Sub-
contractors, Suppliers and such other persons and organiza-
tions performing or furnishing any of the Work to communi-
cate with the ENGINEER through CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which specifically binds the Subcontractor or Supplier
to the applicable terms and conditions of the Contract Docu-
ments for the benefit of OWNER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is
listed as an additional insured on the property insurance
provided in paragraph 5.6 or 5.7, the agreement between the
CONTRACTOR and the Subcontractor or Supplier will con-
tain provisions whereby the Subcontractor or Supplier waives
all rights against OWNER, CONTRACTOR, ENGINEER,
ENGINEER's Consultants and all other additional insureds for
all losses and damages caused by, arising out of or resulting
from any of the perils covered by such policies and any other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver forms to be signed by
any Subcontractor or Supplier, CONTRACTOR will obtain the
same.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royal-
ties and assume all costs incident to the use in the performance
of the Work or the incorporation in the Work of any invention,
design, process, product or device which is the subject of
patent rights or copyrights held by others. If a particular
invention, design, process, product or device is specified in the
Contract Documents for use in the performance of the Work
and if to the actual knowledge of OWNER or ENGINEER its
use is subject to patent rights or copyrights calling for the
payment of any license fee or royalty to others, the existence of
such rights shall be disclosed by OWNER in the Contract
Documents. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold harm-
less OWNER, ENGINEER, ENGINEER's Consultants and
the officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the incorpora-
tion in the Work of any invention, design, process, product or
device not specified in the Contract Documents.
Pemtitr:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids, or, if there
are no Bids, on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for connec-
tions to the Work, and OWNER shall pay all charges of such
utility owners for capital costs related thereto such as plant
investment fees.
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to furnishing and
performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations, neither OWNER
nor ENGINEER shall be responsible for monitoring CON-
TRACTOR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR performs any Work knowing
or having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses and damages caused by, arising out of or resulting
therefrom; however, it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with Laws and Regulations,
but this shall not relieve CONTRACTOR of CONTRAC-
TOR's obligations under paragraph 3.3.2.
Taxes:
I
I
I
F
I
[]
I
I
I
I
I
H
I
I
I
I
6.15. CONTRACTOR shall pay all sales, consumer, use
and other similar taxes required to be paid by CONTRACTOR
in accordance with the Laws and Regulations of the place of
25
the Project which are applicable during the performance of the
Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment and the opera-
tions of workers to the site and land and areas identified in and
permitted by the Contract Documents and.other land and areas
permitted by Laws and Regulations, rights -of -way, permits and
easements, and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any dam-
age to any such land or area, or to the owner or occupant
thereof or of any adjacent land or areas, resulting from the
performance of the Work. Should any claim be made by any
such owner or occupant because of the performance of the
Work, CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by arbitra-
tion:or other dispute resolution proceeding or at law. CON-
TRACTOR shall, to the fullest extent permitted by Laws and
Regulations, indemnify and hold harmless OWNER, ENGI-
NEER, ENGINEER's Consultant and anyone directly or
indirectly employed byany of them from and against all claims,
costs, losses and damages arising out of or resulting from any
claim or action, legal or equitable, brought by any such owner
or occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based upon
CONTRACTOR'S performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work. At
the completion of the Work CONTRACTOR shall remove all
waste materials, rubbish and debris from and about the pre-
mises as well as all tools, appliances, construction equipment
and machinery and surplus materials. CONTRACTOR shall
leave the site clean and ready for occupancy by OWNER at
Substantial Completion of the Work. CONTRACTOR shall
restore to original condition all property not designated for
alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part of
any structure to be loaded in any manner that will endanger the
structure, nor shall CONTRACTOR subject any part of the
Work or adjacent property to stresses or pressures that will
endanger it.
Record Documents:
6.19. CONTRACTOR shall maintain in a safe place at the
site one record copy of all Drawings, Specifications, Addenda,
Written Amendments, Change Orders, Work Change Direc-
tives, Field Orders and written interpretations and clarifica-
tions (issued pursuant to paragraph 9.4) in good order and
annotated to show all changes made during construction.
These record documents together with all approved Samples
and a counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion of
26
the Work, these record documents, Samples and Shop Draw-
ings will be delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supervising all -safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall take
all necessary precautions for the safety of, and shall provide
the necessary protection to prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work;
6.20.2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the site;
and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, roadways,
structures, utilities and Underground Facilities not desig-
nated for removal, relocation or replacement in the course of
construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for safety of
persons or property or to protect them from damage, injury or
loss; and shall erect and maintain all necessary safeguards for
such safety and protection. CONTRACTOR shall notify own-
ers of adjacent property and of Underground Facilities and
utility owners when prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal,
relocation and replacement of their property. All damage,
injury or loss to any property referred to in paragraph 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or omissions
of OWNER or ENGINEER or ENGINEER's Consultant or
anyone employed by any of them or anyone for whose acts any
of them may be liable, and not attributable, directly or indi-
rectly, in whole or in part, to the fault or negligence of
CONTRACTOR or any Subcontractor, Supplier or other per-
son or organization directly or indirectly employed by any of
them). CONTRACTOR'S duties and responsibilities for safety
and for protection of the Work shall continue until such time as
all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance with para-
graph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Comple-
tion).
Safety Representative:
6.21. CONTRACTOR shall designate a qualified and expe-
rienced safety representative at the site whose duties and
WI
II
r-pJ
X
0
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and pro-
grams.
6.22. CONTRACTOR shall be responsible for coordinating
any exchange of material safety data sheets or other hazard
communication information required to be made available to or
exchanged between or among employers at the site in accor-
dance with Laws or Regulations.
Emergencies:
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or au-
thorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss. CON-
TRACTOR shall give ENGINEER prompt written notice if
CONTRACTOR believes that any significant changes in the
Work or variations from the Contract Documents have been
caused thereby. If ENGINEER determines that a change in
the Contract Documents is required because of the action
taken by CONTRACTOR in response to such an emergency,
a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.24. Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample submittals
(see paragraph 2.9). All submittals will be identified as
ENGINEER may require and in the number of copies
specified in the General Requirements. The data shown on
the Shop Drawings will be complete with respect to quanti-
ties, dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the materi-
als and equipment CONTRACTOR proposes to provide and
to enable ENGINEER to review the information for the
limited purposes required by paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with
said accepted schedule of Shop Drawings and Sample sub-
mittals. Each Sample will be identified clearly as to material,
Supplier, pertinent data such as catalog numbers and the use
for which intended and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for
the limited purposes required by paragraph 6.26. The num-
bers of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submidal Procedures:
6.25.1. Before submitting each Shop Drawing or Sam-
ple, CONTRACTOR shall have determined and verified:
6.25.1.1. all field measurements, quantities, dimen-
sions, specified performance criteria, installation require-
ments, materials, catalog numbers and similar information
with respect thereto,
6.25.1.2. all materials with respect to intended use,
fabrication, shipping, handling, storage, assembly and
installation pertaining to the performance of the Work, and
6.25.1.2. all information relative to CONTRACT0R's
sole responsibilities in respect of means, methods, tech-
niques, sequences and procedures of construction and
safety precautions and programs incident thereto.
CONTRACTOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the
Contract Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied CON-
TRACTOR's obligations under the Contact Documents with
respect to CONTRACTOR'S review and approval of that
submittal.
6.25.3. At the time of each submission, CONTRACTOR
shall give ENGINEER specific written notice of such vari-
ations, if any, that the Shop Drawing or Sample submitted
may have from the requirements of the Contract Documents,
such notice to be in a written communication separate from
the submittal; and, in addition, shall cause a specific notation
to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance with the schedule of Shop Draw-
ings and Sample submittals accepted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER's review and approval
will be only to determine if the items covered by the submittals
will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be
compatible with the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER's review and approval will not extend to means,
methods, techniques, sequences or procedures of construction
(except where a particular means, method, technique, se-
quence or procedure of construction is specifically and ex-
pressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and
approval of a separate item as such will not indicate approval of
the assembly in which the item functions. CONTRACTOR
shall make corrections required by ENGINEER, and shall
return the required number of corrected copies of Shop Draw-
ings and submit as required new Samples for review and
approval. CONTRACTOR shall direct specific attention in
writing to revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
sibility for any variation from the requirements of the Contract
27
Documents unless CONTRACTOR has in writing called EN-
GINEER's attention to each such variation at the time of
submission as required by paragraph 6.25.3 and ENGINEER
has given written approval of each such variation by specific
written notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility for
complying with the requirements of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submissions accepted by ENGINEER as required by
paragraph 2.9, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submittal will be
at the sole expense and responsibility of CONTRACTOR.
Continuing the Work
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
permitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR may otherwise agree in writing.
6.30. CONTRACTOR's General Wamrnty and Guarantee:
. 6.30.1. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper maintenance
or operation by persons Other than CONTRACTOR, Sub-
contractors or Suppliers; or
6.30.1.2. normal wear and tear under normal usage.
6.30.2. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. None of the following will constitute an
acceptance of Work that is not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.3. recommendation of any progress or final
payment by ENGINEER;
6.30.2.3. the issuance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC-
TOR under the Contract Documents;
6.30.2.4. use or occupancy of the Work or any part
thereof by OWNER;
Ki
6.30.2.5. any acceptance by OWNER or any failure to
do so;
6.30.2.6. any review and approval of a Shop Drawing
or Sample submittal or the issuance of a notice of accept-
ability by ENGINEER pursuant to paragraph 14.13;
6.30.2.7. any inspection, test or approval by others; or
6.30.2.8. any correction of defective Work by OWNER.
Indemnfcadon:
6.31. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants of
each and any of them from and against all claims, costs, losses
and damages (including but not limited to all fees and charges
of engineers, architects, attorneys and other professionals and
all court or arbitration or other dispute resolution costs) caused
by, arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage: (i) is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom, and
(ii) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any Supplier,
any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, regardless of whether
or not caused in part by any negligence or omission of a person
or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations regard-
less of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or ENGI-
NEER or any of their respective consultants, agents, officers,
directors or employees by any employee (or the survivor or
personal representative of such employee) of CONTRACTOR,
any Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform or
furnish any of the Work, or anyone for whose acts any of them
may be liable, the indemnification obligation under paragraph
6.31 shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable
by or for CONTRACTOR or any such Subcontractor, Supplier
or other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of CONTRACTOR
under paragraph 6.31 shall not extend to the liability of ENGI-
NEER and ENGINEER's Consultants, officers, directors,
employees or agents caused by the professional negligence,
errors or omissions of any of them.
Survival of Obligations:
6.34. All representations, indemnifications, warranties and
guarantees made in, required by or given in accordance with
II
191
II
II
II
I
U.
I
a
t
the Contract Documents, as well as all continuing obligations
indicated in the Contract Documents, will survive final pay-
ment, completion and acceptance of the Work and termination
or completion of the Agreement.
ARTICLE 7 —OTHER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General Condi-
tions similar to these, or have other work performed by
utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work, and (ii) CONTRAC-
TOR may make a claim therefor as provided in Articles II
and 12 if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or re-
quires additional time and the parties are unable to agree as
to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the addi-
tional work with OWNER's employees) proper and safe
access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the
execution of such other work and shall properly connect and
coordinate the Work with theirs. Unless otherwise provided
in the Contract Documents, CONTRACTOR shall do all
cutting, fitting and patching of the Work that may be required
to make its several parts come together properly and inte-
grate with such other work. CONTRACTOR shall not en-
danger any work of others by cutting, excavating or other-
wise altering their work and will only cut or alter their work
with the written consent of ENGINEER and the others
whose work will be affected. The duties and responsibilities
of CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of CON-
TRACTOR in said direct contracts between OWNER and
such utility owners and other contractors.
7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect such
other work and promptly report to ENGINEER in writing any
delays, defects or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results
of CONTRACTOR's Work. CONTRACTOR's failure so to
report will constitute an acceptance of such other work as fit
and proper for integration with CONTRACTOR's Work except
for latent or nonapparent defects and deficiencies in such other
work.
(
Coordination:
7.4. If OWNER contracts with others for the performance
of other work on the Project at the site, the following will be set
forth in Supplementary Conditions:
7.4.1. the person, firm or corporation who will have
authority and responsibility for coordination of the activities
among the various prime contractors will be identified;
7.4.2. the specific matters to be covered by such author-
ity and responsibility will be itemized; and
7.4.3. the extent of such authority and responsibilities
will be provided.
Unless otherwise provided in the Supplementary Condi-
tions, OWNER shall have sole authority and responsibility in
respect of such coordination.
ARTICLE 8 —OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to CONTRAC-
TOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly when they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish ref-
erence points are set forth in paragraphs 4.1 and 4.4. Paragraph
4.2 refers to OWNER's identifying and making available to
CONTRACTOR copies of reports of explorations and tests of
subsurface conditions at the site and drawings of physical
conditions in existing structures at or contiguous to the site that
have been utilized by ENGINEER in preparing the Contract
Documents.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth in
paragraphs 5.5 through 5.10.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain inspec-
tions, tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for, CONTRAC-
TOR's means, methods, techniques, sequences or procedures
of construction or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the furnishing or perfor-
mance of the Work. OWNER will not be responsible for
CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents.
8.10. OWNER'S responsibility in respect of undisclosed
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive
Materials uncovered or revealed at the site is set forth in
paragraph 4.5.
8.11. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial arrange-
ments have been made to satisfy OWNER's obligations under
the Contract Documents, OWNER's responsibility in respect
thereof will be as set forth in the Supplementary Conditions.
ARTICLE 9 —ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. ENGINEER will be OWNER's representative during
the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's repre-
sentative during construction are set forth in the Contract
Documents and shall not be extended without written consent
of OWNER and ENGINEER.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as ENGI-
NEER deems necessary in order to observe as an experienced
and qualified design professional the progress that has been
made and the quality of the various aspects of CONTRAC-
TOR's executed Work. Based on information obtained during
such visits and observations, ENGINEER will endeavor for
the benefit of OWNER to determine, in general, if the Work is
proceeding in accordance with the Contract Documents. EN-
GINEER will not be required to make exhaustive or continu-
ous on -site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward providing
for OWNER a greater degree of confidence that the completed
Work will conform generally to the Contract Documents. On
the basis of such visits and on -site observations, ENGINEER
will keep OWNER informed of the progress of the Work and
will endeavor to guard OWNER against defective Work. EN-
GINEER's visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility set
forth in paragraph 9.13, and particularly, but without limitation,
during or as a result of ENGINEER's on -site visits or
observations of CONTRACTOR's Work ENGINEER will not
supervise, direct, control or have authority over or be respon-
sible for CONTRACTOR's means, methods, techniques, se-
quences or procedures of construction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of the Work.
Project Representative:
9.3. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist ENGI-
NEER in providing more continuous observation of the Work.
The responsibilities and authority and limitations thereon of
any such Resident Project Representative and assistants will be
as provided in paragraph 9.13 and in the Supplementary
Conditions. If OWNER designates another representative or
agent to represent OWNER at the site who is not ENGI-
NEER's Consultant, agent or employee, the responsibilities
and authority and limitations thereon of such other person will
be as provided in the Supplementary Conditions.
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
ucn written clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings or
otherwise) as ENGINEER may determine necessary, which
shall be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and
interpretations will be binding on OWNER and CONTRAC-
TOR. If OWNER or CONTRACTOR believes that a written
clarification or interpretation justifies an adjustment in the
Contract Price or the Contract Times and the parties are unable
to agree to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as pro-
vided in Article II or Article 12.
Authorized Variations in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Times and are compatible with the design concept of
the completed Project as a functioning whole as indicated by
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved promptly.
If OWNER or CONTRACTOR believes that a Field Order
justifies an adjustment in the Contract Price or the Contract
Times and the parties are unable to agree as to the amount or
extent thereof, OWNER or CONTRACTOR may make a
written claim therefor as provided in Article II or 12.
Rejecting Defective Work:
9.6.
ENGINEER will have
authority
to disapprove
or
reject
Work which ENGINEER
believes
to be defective,
or
30
11
n
it
4
14 i
I
i
I
that ENGINEER believes will not produce a completed Project
that conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER will also have authority to require special inspec-
tion or testing of the Work as provided in paragraph 13.9,
whether or not the -Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through 6.28
inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, II, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
Determinations for Unit Prices:
9.10. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CONTRAC-
TOR. ENGINEER will review with CONTRACTOR the EN-
GINEER's preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER's written
decision thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of any
such decision, either OWNER or CONTRACTOR delivers to
the other and to ENGINEER written notice of intention to
appeal from ENGINEER's decision and: (i) an appeal from
ENGINEER's decision is taken within the time limits and in
accordance with the procedures set forth in Exhibit GC -A,
"Dispute Resolution Agreement." entered into between
OWNER and CONTRACTOR pursuant to Article 16, or (ii) if
no such Dispute Resolution Agreement has been entered into,
a formal proceeding is instituted by the appealing party in a
forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to
ENGINEER's decision, unless otherwise agreed in writing by
OWNER and CONTRACTOR. Such appeal will not be subject
to the procedures of paragraph 9.11.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
Claims under Articles II and 12 in respect of changes in the
Contract Price or Contract Times will be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance with this paragraph. Written notice of each such
claim, dispute or other matter will be delivered by the claimant
31
to ENGINEER and the other party to the Agreement promptly
(but in no event later than thirty days) after the start of the
occurrence or event giving rise thereto, and written supporting
data will be submitted to ENGINEER and the other party
within sixty days after the start of such occurrence or event
unless ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support of
such claim, dispute or other matter. The opposing party shall
submit any response to ENGINEER and the claimant within
thirty days after receipt of the claimant's last submittal (unless
ENGINEER allows additional time). ENGINEER will render
a formal decision in writing within thirty days after receipt of
the opposing party's submittal, if any, in accordance with this
paragraph. ENGINEER's written decision on such claim,
dispute or other matter will be final and binding upon OWNER
and CONTRACTOR unless: (i) an appeal from ENGINEER's
decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC -A, "Dispute Reso-
lution Agreement," entered into between OWNER and CON-
TRACTOR pursuant to Article 16, or (ii) if no such Dispute
Resolution Agreement has been entered into, a written notice
of intention to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other and to
ENGINEER within thirty days after the date of such decision
and a formal proceeding is instituted by the appealing party in
a forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to such
claim, dispute or other matter in accordance with applicable
Laws and Regulations within sixty days of the date of such
decision, unless otherwise agreed in writing by OWNER and
CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show partiality
to OWNER or CONTRACTOR and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect
to any such claim, dispute or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.15) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any such claim, dispute or other matter pursuant to Article 16.
9.13. Limitations on ENGINEER's Authority and Responsibilities:
9.13.1. Neither ENGINEER's authority or responsibil-
ity under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not cxercise such authority
or responsibility or the undertaking, exercise or performance
of any authority or responsibility by ENGINEER shall
create, impose or give rise to any duty owed by ENGINEER
to CONTRACTOR, any Subcontractor, any Supplier, any
other person or organization, or to any surety for or em-
ployee or agent of any of them.
I
I
LI
I
El
I
I
I
I
I
I
'J
I
I
Li
I
I
I
I
I
I
I
Li
I
Li
I
I
I
I
I
n
1
C
9.13.2. ENGINEER will not supervise, direct, control
or have authority over or be responsible for CONTRAC-
TOR's means, methods, techniques, sequences or proce-
dures of construction, or the safety precautions and pro-
grams incident thereto, or for any failure of CONTRACTOR
to comply with Laws and Regulations applicable to the
furnishing or performance of the Work. ENGINEER will not
be responsible for-CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Docu-
ments.
19.13.3. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of any Subcontractor,
any Supplier, or of any other person or organization perform-
ing or furnishing any of the Work.
9.13.4. ENGINEER'S review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
bonds and certificates of inspection, tests and approvals and
Other documentation required to be delivered by paragraph
14.12 will only be to determine generally that their content
complies with the requirements of, and in the case of
certificates of inspections, tests and approvals that the
results certified indicate compliance with, the Contract Doc-
uments.
9.13.5. The limitations upon authority and responsibility
set forth in this paragraph 9.13 shall also apply to ENGI-
NEER's Consultants, Resident Project Representative and
assistants.
ARTICLE 10 --CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions or revisions in the Work.
Such additions, deletions or revisions will be authorized by
a Written Amendment, a Change Order, or a Work Change
Directive. Upon receipt of any such document, CONTRAC-
TOR shall promptly proceed with the Work involved which
will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically pro-
vided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent, if any, of an adjustment in the Contract Price
or an adjustment of the Contract Times that should be allowed
as a result of a Work Change Directive, a claim may be made
therefor as provided in Article II or Article 12.
10.3. CONTRACTOR shall not be entitled loan increase in
the Contract Price or an extension of the Contract Times with
respect to any Work performed that is not required by the
Contract Documents as amended, modified and supplemented
as provided in paragraphs 3.5 and 3.6 except in the case of an
emergency as provided in paragraph 6.23 or in the case of
uncovering Work as provided in paragraph 13.9.
32
10.4. OWNER and CONTRACTOR shall execute appro-
priate Change Orders recommended by ENGINEER (or Writ-
ten Amendments) covering:
10.4.1. changes in the Work which are (i) ordered by
OWNER pursuant to paragraph 10.1, (ii) required because of
acceptance of defective Work under paragraph 13.13 or
correcting defective Work under paragraph 13.14, or (iii)
agreed to by the parties;
10.4.2.
changes
in the Contract
Price or Contract Times
which
are agreed to
by the parties;
and
10.4.3., changes in the Contract Price or Contract Times
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9.11;
provided that, in lieu of executing any such Change Order, an
appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal, CON-
TRACTOR shall carry on the Work and adhere to the progress
schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope of
the Work or the provisions of the Contract Documents (includ-
ing, but not limited to, Contract Price or Contract Times) is
required by the provisions of any Bond tote given to a surety,
the giving of any such notice will be CONTRACTOR's respon-
sibility, and the amount of each applicable Bond will be
adjusted accordingly.
ARTICLE I I —CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensa-
tion (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties, responsibili-
ties and obligations assigned to or undertaken by CONTRACTOR
shall be at CONTRACTOR's expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an adjust-
ment in the Contract Price shall be based on written notice
delivered by the party making the claim to the other party and
to ENGINEER promptly (but in no event later than thirty
days) after the start of the occurrence or event giving rise to the
claim and stating the general nature of the claim. Notice of the
amount of the claim with supporting data shall be delivered
,within sixty days after the start of such occurrence or event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that
the adjustment claimed covers all known amounts to which the
claimant is entitled as a result of said occurrence or event. All
claims for adjustment in the Contract Price shall be determined
by ENGINEER in accordance with paragraph 9.11 if OWNER
and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Price will
I
I
I
I
LA
I
I
A
0
IIN
G
I
be valid if not submitted in accordance with this paragraph
11.2.
11.3. The value of any Work covered by a Change Order or
of any claim for an adjustment in the Contract Price will be
determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by application
of such unit prices to the quantities. of the items involved
(subject to the provisions of paragraphs 11.9.1 through
11.9.3, inclusive);
11.3.2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a mutually
agreed lump sum (which may include- an allowance for
overhead and profit not necessarily in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agreement
to a lump sum is not reached under paragraph 11.3.2, on the
basis of the Cost of the Work (determined as provided in
paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for
overhead and profit (determined as provided in paragraph
11.6).
Cost oldie Work:
11.4. The term Cost of the Work means the sum of all costs
necessarily incurred and paid by CONTRACTOR in the proper
performance of the Work. Except as otherwise may be agreed
to in writing by OWNER, such costs shall be in amounts no
higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the
costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER and
CONTRACTOR. Such employees shall include without lim-
itation superintendents, foremen and other personnel em-
ployed full- time at the site. Payroll costs for employees not
employed full time on the Work shall be apportioned on the
basis of their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and wages plus the
cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, work-
ers' compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto. The
expenses of performing Work after regular working hours,
on Saturday, Sunday or legal holidays, shall be included in
the above to the extent authorized by OWNER.
11.4.2. Cost ofall materials and equipment furnished and
incorporated in the Work, including costs of transportation
and storage thereof, and Suppliers' field services required in
\i connection therewith. All cash discounts shall accrue to
CONTRACTOR unless OWNER deposits funds with CON-
TRACTOR with which to make payments, in which case the
cash discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and returns from sale of surplus materi-
als and equipment shall accrue to OWNER, and CON-
TRACTOR shall make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRACTOR to the Sub-
contractors for Work performed or furnished by Subcontrac-
tors. If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to OWNER
and CONTRACTOR and shall deliver such bids to OWNER
who will then determine, with the advice of ENGINEER,
which bids, if any, will be accepted. If any subcontract
provides that the Subcontractor is to be paid on the basis of
Cost of the Work Plus a fee, the Subcontractor's Cost of the
Work and fee shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided in
paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall
be subject to the other provisions of the Contract Documents
insofar as applicable.
11.4.4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories, survey-
ors, attorneys and accountants) employed for services spe-
cifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation,
travel and subsistence expenses of CONTRACTOR's em-
ployees incurred in discharge of duties connected with the
Work.
11.4.5.2. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment, machinery,
appliances, office and temporary facilities at the site and
hand tools not owned by the workers, which are con-
sumed in the performance of the Work, and cost less
market value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental agree-
ments approved by OWNER with the advice of ENGI-
NEER, and the costs of transportation, loading, unload-
ing, installation, dismantling and removal thereof —all in
accordance with the terms of said rental agreements. The
rental of any such equipment, machinery or parts shall
cease when the use thereof is no longer necessary for the
Work.
11.4.5.4. Sales, consumer, use or similar taxes related
to the Work, and for which CONTRACTOR is liable,
imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
n
I
I
33
11.4.5.6. Losses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by CONTRACTOR in
connection with the performance and furnishing of the
Work (except losses and.damages within the deductible
amounts of property insurance established by OWNER in
accordance with paragraph 5.9), provided they have re-
sulted from causes other than the negligence of CON-
TRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any
of them may be liable. Such losses shall include settle-
ments made with the written consent and approval of
OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of
determining CONTRACTOR's fee. If, however, any such
loss or damage requires reconstruction and CONTRAC-
TOR is placed in charge thereof, CONTRACTOR shall be
paid for services a fee proportionate to that stated in
paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facili-
ties at the site.
11.4.5.8. Minor expenses such as telegrams, long dis-
tance telephone calls, telephone service at the site, ex-
pressage and similar petty cash items in connection with
the Work.
11.4.5.9. Cost of premiums for additional Bonds and
insurance required because of changes in the Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5. I. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (of partnership
and sole proprietorships), general managers, engineers, ar-
chitects, estimators, attorneys, auditors, accountants, pur-
chasing and contracting agents, expediters, timekeepers,
clerks and other personnel employed by CONTRACTOR
whether at the site or in CONTRACTOR's principal or a
branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically
covered by paragraph 11.4.1 all of which are to be consid-
ered administrative costs covered by the CONTRACTOR's
fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the site.
11.5.3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRACTOR's capital employed for
the Work and charges against CONTRACTOR for delin-
quent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase and maintain the same
(except for the cost of premiums covered by subparagraph
11.4.5.9 above).
tit
11.5.5. Costs due to the negligence of CONTRAC-
TOR, any Subcontractor, or anyone directly or indi-
rectly employed by any of them or for whose acts any
of them may be liable, including but not limited to, the
correction of defective Work, disposal of materials or
equipment wrongly supplied and making good any
damage to property.
Other overhead or general expense costs of any kind
and the costs of any item not specifically and expressly
included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs I I.4.1
and 11.4.2, the CONTRACTOR's fee shall be fifteen
percent;
11.6.2.2. for costs incurred under paragraph 11.4.3,
toe CONTRACTOR's fee shall be five percent;
11.6.2.3. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no fixed fee
is agreed upon, the intent of paragraphs 11.4.1, 11.4.2,
11.4.3 and 11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier, will be
paid a fee of fifteen percent of the costs incurred by such
Subcontractor under paragraphs 11.4.1 and 11.4.2 and that
any higher tier Subcontractor and CONTRACTOR will
each be paid a fee of five percent of the amount paid to the
next lower tier Subcontractor;
11.6.2.4. no fee shall be
payable
on
the basis of costs
itemized under paragraphs
11.4.4, 11.4.5
and 11.5:
11.6.2.5. the amount of credit to be allowed by CON-
TRACTOR to OWNER for any change which results in a
net decrease in cost will be the amount of the actual net
decrease in cost plus a deduction in CONTRACTOR's fee
by an amount equal to five percent of such net decrease;
and
11.6.2.6. when both additions and credits are involved
in any one change, the adjustment in CONTRACTOR's
fee shall be computed on the basis of the net change in
accordance with paragraphs 11.6.2.1 through 11.6.2.5,
inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will
establish and maintain records thereof in accordance with
generally accepted accounting practices and submit in form
acceptable to ENGINEER an itemized cost breakdown to-
gether with supporting data.
1
1
1
1
1
I
f
1
ii
I
1
I
O
Cash Allowances:
11.8. It is understood that CONTRACTOR has included in
the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be fur-
nished and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRACTOR agrees that:
11.8.1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials and
equipment required by the allowances to be delivered at the
site, and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and han-
dling on the site, labor, installation costs, overhead, profit
and other expenses contemplated for the allowances have
been included in the Contract Price and not in the allowances
and no demand for additional payment on account of any of
the foregoing will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall be correspondingly
adjusted.
11.9. Unit Price Work:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the established unit
price for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of items of Unit Price
Work are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and classifica-
tions of Unit Price Work performed by CONTRACTOR will
be made by ENGINEER in accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sepa-
rately identified item.
11.9.3. OWNER or CONTRACTOR may make a claim
for an adjustment in the Contract Price in accordance with
Article I I if:
11.9.3.1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and sig-
nificantly from the estimated quantity of such item indi-
cated in the Agreement; and
11.9.3.2. there is no corresponding adjustment with
respect to any other item of Work; and
11.9.3.3. if CONTRACTOR believes that CONTRAC-
TOR is entitled to an increase in Contract Price as a result
of having incurred additional expense or OWNER be-
lieves
that OWNER is entitled to a decrease in Contract
Price and the parties are unable to agree as to the amount
of any such increase or decrease.
ARTICLE 12 —CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment. Any
claim for an adjustment or the Contract Times (or Milestones)
shall be based on written notice delivered by the party making
the claim to the other party and to ENGINEER promptly (but
in no event later than thirty days) after the occurrence of the
event giving rise to the claim and stating the general nature of
the claim. Notice of the extent of the claim with supporting
data shall be delivered within sixty days after such occurrence
(unless ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim) and shall
be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Times (or Milestones) shall be determined by ENGI-
NEER in accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
if not submitted in accordance with the requirements of this
paragraph 12.1.
12.2. All time limits stated in the Contract Documents are
of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of CONTRAC-
TOR, the Contract Times (or Milestones) will be extended in an
amount equal to the time lost due to such delay if a claim is
made therefor as provided in paragraph 12.1. Delays beyond
the control of CONTRACTOR shall include, but not be limited
to, acts or neglect by OWNER, acts or neglect of utility owners
or other contractors performing other work as contemplated by
Article 7, fires, floods, epidemics, abnormal weather condi-
tions or acts of God. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy for
such delay. In no event shall OWNER be liable to CONTRAC-
TOR, any Subcontractor, any Supplier, any other person or
organization, or to any surety for or employee or agent of any
of them, for damages arising out of or resulting from (i) delays
caused by or within the control of CONTRACTOR, or (ii)
I
rI
I
Li
I
u
I
I
I
Li
u
I
I
I
I
35
I
delays beyond the control of both parties including but not
' limited to fires, floods, epidemics, abnormal weather condi-
tions, acts of God or acts or neglect by utility owners or
other contractors performing other work as contemplated by
Article 7.
1
' ARTICLE 13 —TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
[1
I
13.1. Notice of Defects: Prompt notice of all defective
Work of which OWNER or ENGINEER have actual knowl-
edge will be given to CONTRACTOR. All defective Work
may be rejected, corrected or accepted as provided in this
Article 13.
IAccess to Wont:
I
L
L
I
1
I
L
I
I I
I
13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER, independent
testing laboratories and governmental agencies with jurisdic-
tional interests will have access to the Work at reasonable times
for their observation, inspecting and testing. CONTRACTOR
shall provide them proper and safe conditions for such access
and advise them of CONTRACTOR's site safety procedures
and programs so that they may comply therewith as applicable.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely no-
tice of readiness of the Work for all required inspections, tests
or approvals, and shall coupertte with inspection and testing
personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspections, tests,
or approvals required by the Contract Documents except:
13.4.1. for inspections, tests or approvals covered by
Paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.9 below
shall be paid as provided in said paragraph 13.9; and
13.4.3. as otherwise specifically provided in the Con-
tract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically to be
inspected, tested or approved by an employee or other repre-
sentative of such public body, CONTRACTOR shall assume
full responsibility for arranging and obtaining such inspections,
tests or approvals, pay all costs in connection therewith, and
furnish ENGINEER the required certificates of inspection, or
approval. CONTRACTOR shall also be responsible for arrang-
ing and obtaining and shall pay all costs in connection with any
inspections, tests or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work, or of materials, mix designs, or
equipment submitted for approval prior to CONTRACTOR's
purchase thereof for incorporation in the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if re-
quested by ENGINEER, be uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6 shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
Uneoverrng Work'
13.8. If any Work is covered contrary to the written request
of ENGINEER, it must, if requested by ENGINEER, be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's re-
quest, shall uncover, expose or otherwise make available for
observation, inspection or testing as ENGINEER may require,
that portion of the Work in question, furnishing all necessary
labor, material and equipment. If it is found that such Work is
defective, CONTRACTOR shall pay all claims, costs, losses
and damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing and
of satisfactory replacement or reconstruction (including but not
limited to all costs of repair or replacement of work of others);
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof, may make a claim therefor as provided in
Article II. If, however, such Work is not found to be defective,
CONTRACTOR shall be allowed an increase in the Contract
Price or an extension of the Contract Times (or Milestones), or
both, directly attributable to such uncovering, exposure, ob-
servation, inspection, testing, replacement and reconstruction;
and, if the parties are unable to agree as to the amount orextent
thereof, CONTRACTOR may make a claim therefor as pro-
vided in Articles II and 12.
OWNER May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or equip-
ment, or fails to furnish or perform the Work in such a way that
the completed Work will conform to the Contract Documents,
OWNER may order CONTRACTOR to stop the Work, or any
portion thereof, until the cause for such order has been
eliminated; however, this right of OWNER to stop the Work
M
I
'J
I
1
I
36
Li
shall not give rise to any duty on the part of OWNER to pay all claims, costs, losses and damages attributable to
exercise this right for the benefit of CONTRACTOR or any OWNER's evaluation of and determination to accept such
IJ surety -or other party. defective Work (such costs to be approved by ENGINEER as
to reasonableness). If any such acceptance occurs prior to '
ENGINEER's recommendation of final payment, a Change
Correction or Removal of Defective Work: Order will be issued incorporating the necessary revisions in
YTI the Contract Documents with respect to the Work; and OWNER
13.11. If required by ENGINEER, CONTRACTOR shall shall be entitled to an appropriate decrease in the Contract
promptly, as directed, eithercorrect all defective Work, whether Price, and, if the parties are unable to agree as to the amount
or not fabricated, installed or completed, or, if the Work has thereof, OWNER may make a claim therefor as provided in
been rejected by ENGINEER, remove it from the site and Article 11. If the acceptance occurs after such recommends=
replace it with Work that is not defective. CONTRACTOR shall tion, an appropriate amount will be paid by CONTRACTOR to
pay all claims, costs, losses and damages caused by or resulting OWNER.
from such correction or removal (including but not limited to all OWNER May Correct Defective Work:
costs of repair or replacement of work of others).
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
13.12. Correction Period: Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.11, or if CON-
13.12.1. If within one year after the date of Substantial TRACTOR fails to perform the Work in accordance with the
Completion or such longer period of time as may be pre- Contract Documents, or if CONTRACTOR fails to comply
scribed by Laws or Regulations or by the terms of any with any other provision of the Contract Documents, OWNER
applicable special guarantee required by the Contract Doc- may, after seven days' written notice to CONTRACTOR,
uments or by any specific provision of the Contract Docu- correct and remedy any such deficiency. In exercising the
ments, any Work is found to be defective, CONTRACTOR rights and remedies under this paragraph OWNER shall pro -
shall promptly, without cost to OWNER and in accordance ceed expeditiously. In connection with such corrective and
with OWNER's written instructions: (i) correct such dejec- remedial action, OWNER may exclude CONTRACTOR from '
live Work, or, if it has been rejected by OWNER, remove it all or part of the site, take possession of all or part of the Work,
LI from the site and replace it with Work that is not defective, and suspend CONTRACTOR's services related thereto, take
and (ii) satisfactorily correct or remove and replace any possession of CONTRACTOR's tools, appliances, construc-Ii
damage to other Work or the work of others resulting tion equipment and machinery at the site and incorporate in the
therefrom. If CONTRACTOR does not promptly comply Work all materials and equipment stored at the site or for which
with the terms of such instructions, or in an emergency OWNER has paid CONTRACTOR but which are stored
where delay would cause serious risk of loss or damage, elsewhere. CONTRACTOR shall allow OWNER, OWNER's
OWNER may have the defective Work corrected or the representatives, agents and employees, OWNER's other con-
tractors and ENGINEER and ENGINEER's Consultants ac-
- rejected Work removed and replaced, and all claims, costs,
losses and damages caused by or resulting from such re- cess to the site to enable OWNER to exercise the rights and
moval and replacement (including but not limited to all costs remedies under this paragraph. All claims, costs, losses and '
of repair or replacement of work of others). will be paid by damages incurred or sustained by OWNER in exercising such
CONTRACTOR. rights and remedies will be charged against CONTRACTOR
and a Change Order will be issued incorporating the necessary ,
revisions in the Contract Documents with respect to the Work;
13.12.2. In special circumstances where a particular item and OWNER shall be entitled to an appropriate decrease in the
of equipment is placed in continuous service before Substan- Contract Price, and, if the parties are unable to agree as to the
tial Completion of all the Work, the correction period for that amount thereof, OWNER may make a claim therefor as
item may start to run from an earlier date if so provided in provided in Article 11. Such claims, costs, losses and damages
the Specifications or by Written Amendment, will include but not be limited to all costs of repair or replace-
ment of work of others destroyed or damaged by correction,
13.12.3. Where defective Work (and damage to other removal or replacement of CONTRACTOR's defective Work.
Work resulting therefrom) has been corrected, removed or CONTRACTOR shall not be allowed an extension of the
replaced under this paragraph 13.12, the correction period Contract Times (or Milestones) because of any delay in the
hereunder with respect to such Work will be extended for an performance of the Work attributable to the exercise by OWN ER
additional period of one year after such correction or re- of OWNER's rights and remedies hereunder. - ,
moval and replacement has been satisfactorily completed.
ARTICLE 14 —PAYMENTS TO CONTRACTOR AND
Acceptance of Defective Work: COMPLETION '
13.13. If, instead of requiring correction or removal and Schedule oJValues:
replacement of defective Work, OWNER (and, prior to ENGI- '
NEER's recommendation of final payment, also ENGINEER) 14.1. The schedule of values established as provided in
prefers to accept it, OWNER may do so. CONTRACTOR shall paragraph 2.9 will serve as the basis for progress payments and.
12
37 '
rI
will be incorporated into a form of Application for Payment
acceptable to ENGINEER. Progress payments on account of
Unit Price Work will be based on the number of units com-
pleted.
Application for Progress Payment:
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the date
of the Application and accompanied by such supporting
documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equip-
ment not incorporated in the Work but delivered and suitably
stored at the site or at another location agreed to in writing,
the Application for Payment shall also be accompanied by a
bill of sale, invoice or other documentation warranting that
OWNER has received the materials and equipment free and
clear of all Liens and evidence . that the materials and
equipment are covered by appropriate property insurance
and other arrangements to protect O WN ER's interest therein,
all of which will be satisfactory to OWNER. The amount of
retainage with respect to progress payments will be as
stipulated in the Agreement.
CONTRACTOR's Warranty of Tide:
14.3. CONTRACTOR warrants and guarantees that title to
all Work, materials and equipment covered by any Application
for Payment, whether incorporated in the Project or not, will
pass to OWNER no later than the time of payment free and
clear of all Liens.
Review of Applications for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application to
OWNER, or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to recom-
mend payment. In the latter case, CONTRACTOR may make
the necessary corrections and resubmit the Application. Ten
days after presentation of the Application for Payment to
OWNER with ENGINEER's recommendation, the amount
recommended will (subject to the provisions of the last sen-
tence of paragraph 14.7) become due and when due will be paid
by OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment re-
quested in an Application for Payment will constitute a repre-
sentation by ENGINEER to OWNER, based on ENGINEER's
on -site observations of the executed Work as an experienced
and qualified design professional and on ENGINEER's review
of the Application for Payment and the accompanying data and
schedules, that to the best of ENGINEER's knowledge, infor-
mation and belief:
M
14.5.1. the Work has progressed to the point indicated,
14.5.2. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to an evalu-
ation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent
tests called for in the Contract Documents, to a final
determination of quantities and classifications for Unit
Price Work under paragraph 9.10, and to any other quali-
fications stated in the recommendation), and
14.5.3. the conditions precedent to CONTRACTOR's
being entitled to such payment appear to have been
fulfilled in so far as it is ENGINEER's responsibility to
observe the Work.
However, by recommending any such payment ENGINEER
will not thereby be deemed to have represented that: (i)
exhaustive or continuous on -site inspections have been made
to check..the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or (ii) that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or entitle OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any payment, in-
cluding final payment, shall not mean that ENGINEER is
responsible forCONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of Work, or for any
failure of CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole or
any part of any payment if, in ENGINEER's opinion, it would
be incorrect to make the representations to OWNER referred
to in paragraph 14.5. ENGINEER may also refuse to recom-
mend any such payment, or, because of subsequently discov-
ered evidence or the results of subsequent inspections or tests,
nullify any such payment previously recommended, to such
extent as may be necessary in ENGINEER's opinion to
protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to correct defec-
tive Work or complete Work in accordance with paragraph
13.14, or
14.7.4. ENGINEER has actual knowledge of the oc-
currence of any of the events enumerated in paragraphs
15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTORs performance or furnishing of
the Work, .
,)I
I
I
Big
L
I
I
I
14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.7.7. there are other items entitling OWNER to a
set-off against the amount recommended, or
14.7.8. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in paragraphs
14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4
inclusive;
but OWNER must give CONTRACTOR immediate written
notice (with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACTOR the amount so
withheld, or any adjustment thereto agreed to by OWNER and
CONTRACTOR, when CONTRACTOR corrects to OWN -
ER's satisfaction the reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify OWNER
and ENGINEER in writing that the entire Work is substantially
complete (except for items specifically listed by CONTRAC-
TOR as incomplete) and request that ENGINEER issue a
certificate of Substantial Completion. Within a reasonable time
thereafter, OWNER, CONTRACTOR and ENGINEER shall
make an inspection of the Work to determine the status of
completion. If ENGINEER does not consider the Work sub-
stantially complete, ENGINEER will notify CONTRACTOR
in writing giving the reasons therefor. If ENGINEER considers
the Work substantially complete, ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial Com-
pletion which shall fix the date of Substantial Completion.
There shall be attached to the certificate a tentative list of items
to be completed or corrected before final payment. OWNER
shall have seven days after receipt of the tentative certificate
during which to make written objection to ENGINEER as to
any provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that the
Work is not substantially complete, ENGINEER will within
fourteen days after submission of the tentative certificate to
OWNER notify CONTRACTOR in writing, stating the reasons
therefor. If, after consideration of OWNER's objections, EN-
GINEER considers the Work substantially complete, ENGI-
NEER will within said fourteen days execute and deliver to
OWNER and CONTRACTOR a definitive certificate of Sub-
stantial Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time of
delivery of the tentative certificate of Substantial Completion
ENGINEER will deliver to OWNER and CONTRACTOR a
written recommendation as to division of responsibilities pend-
ing final payment between OWNER and CONTRACTOR with
respect to security, operation, safety, maintenance, heat, utili-
ties, insurance and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so inform
39
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion, ENGINEER's
aforesaid recommendation will be binding on OWNER and
CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRAC-
TOR from the Work after the date of Substantial Completion,
but OWNER shall allow CONTRACTOR reasonable access to
complete or correct items on the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any sub-
stantially completed part of the Work which: (i) has specifically
been identified in the Contract Documents, or (ii) OWNER,
ENGINEER and CONTRACTOR agree constitutes a sepa-
rately functioning and usable part of the Work that can be used
by OWNER for its intended purpose without significant inter-
ference with CONTRACTOR's performance of the remainder
of the Work, may be accomplished prior to Substantial Com-
pletion of all the Work subject to the following:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON -
T :ACTOR agrees that such part of the Work is substan-
tially complete. CONTRACTOR will certify to OWNER
and ENGINEER that such part of the Work is substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a
certificate of Substantial Completion for that part of the
Work. Within a reasonable time after either such request,
OWNER, CONTRACTOR and ENGINEER shall make
an inspection of that part of the Work to determine its
status of completion. If ENGINEER does not consider
that part of the Work to be substantially complete, ENGI-
NEER will notify OWNER and CONTRACTOR in writ-
ing giving the reasons therefor. If ENGINEER considers
that part of the Work to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will apply with
respect to certification of Substantial Completion of that
part of the Work and the division of responsibility in
respect thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
Find Inspeclion:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete, ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
I
I
I
I
I
I
I
iI
I
I
I
I
I
I
C
1
I
1. J
Ii
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to complete such Work or
remedy such deficiencies.
Find Application for Payment:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered in
accordance with the Contract Documents all maintenance and
operating instructions, schedules, guarantees, Bonds, certifi-
cates or other evidence of insurance required by paragraph 5.4,
certificates of inspection, marked -up record documents (as
provided in paragraph 6.19) and other documents, CONTRAC-
TOR may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered)
by: (i) all documentation called for in the Contract Documents,
including but not limited to the evidence of insurance required
by subparagraph 5.4.13, (ii) consent of the surety, if any, to final
payment, and (iii) complete and legally effective releases or
waivers (satisfactory to OWNER) of all Liens arising out of or
filed in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER, CONTRAC-
TOR may furnish receipts or releases'in full and an affidavit of
CONTRACTOR that: (i) the releases and receipts include all
labor, services, material and equipment for which a Lien could
be filed, and (ii) all payrolls, material and equipment bills and
other indebtedness connected with the Work for which OWNER
or OWNER's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other collateral satis-
factory to OWNER to indemnify OWNER against any Lien.
Final Payment and Acceptance:
14.13. If, on the basis of ENGINEER's observation of the
Work during construction and final inspection, and ENGI-
NEER's review of the final Application for Payment and
accompanying documentation as required by the Contract
Documents, ENGINEER is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the
Contract Documents have been fulfilled, ENGINEER will,
within ten days after receipt of the final Application for
Payment, indicate in writing ENGINEER's recommendation
of payment and present the Application to OWNER for pay-
ment. At the same time ENGINEER will also give written
notice to OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions of paragraph 14.15. Oth-
erwise, ENGINEER will return the Application to CON-
TRACTOR, indicating in writing the reasons for refusing to
recommend final payment, in which case CONTRACTOR shall
make the necessary corrections and resubmit the Application.
Thirty days after the presentation to OWNER of the Applica-
tion and accompanying documentation, in appropriate form
and substance and with ENGINEER's recommendation and
notice of acceptability, the amount recommended by ENGI-
NEER will become due and will be paid by OWNER to
CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final com-
pletion of the Work is significantly delayed and if ENGINEER
so confirms, OWNER shall, upon receipt of CONTRACTOR's
final Application for Payment and recommendation of ENGI-
NEER, and without tertninating.the Agreement, make pay-
ment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by
OWNER for Work not fully completed or corrected is less than
the retainage stipulated in the Agreement, and if Bonds have
been furnished as required in paragraph 5.1, the written con-
sent of the surety to the payment of the balance due for that
portion of the Work ful:y completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the Appli-
cation for such payment. Such payment shall be made under
the terms and conditions governing final payment, except that
it shall not constitute a waiver of claims.
Waiver of Claims:
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising fromunsettled Liens,
from defective Work appearing after final inspection pursu-
ant to paragraph 14.11, from failure to comply with the
Contract Documents or the terms of any special guarantees
specified therein, or from CONTRACTOR's continuing ob-
ligations under the Contract Documents; and
14.15.2. a waiver of all claims by CONTRACTOR against
OWNER other than those previously made in writing and
still unsettled.
ARTICLE 15 —SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. At any time and without cause, OWNER may sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an adjustment in the
Contract Price or an extension of the Contract Times, or both,
directly attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles II
and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
II
j
$1
0
Ii
u
15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents (in-
cluding, but not limited to, failure to supply sufficient skilled
workers or suitable materials or equipment or failure to
r adhere to the progress schedule established under paragraph
2.9 as adjusted from time to time pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or Regula-
tions of any public body having jurisdiction;
15.2.2. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any sub-
stantial way any provisions of the Contract Documents;
OWNER may, after giving CONTRACTOR (and the surety,
if any,) seven days' written notice and to the extent permit-
ted by Laws and Regulations, terminate the services of
CONTRACTOR, exclude CONTRACTOR from the site and
take possession of the Work and of all CONTRACTOR's
tools, appliances, construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all materi-
als and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere,
and finish the Work as OWNER may deem expedient. In
such case CONTRACTOR shall not be entitled to receive
any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of or
resulting from completing the Work such excess will be paid
to CONTRACTOR. If such claims, costs, losses and dam-
ages exceed such unpaid balance, CONTRACTOR shall pay
the difference to OWNER. Such claims, costs, losses and
damages incurred by OWNER will be reviewed by ENGI-
NEER as to their reasonableness and when so approved by
ENGINEER incorporated in a Change Order, provided that
when exercising any rights or remedies under this paragraph
OWNER shall not be required to obtain the lowest price for
the Work performed.
15.3. Where CONTRACTOR's services have been so ter-
minated by OWNER, the termination will not affect any rights
or remedies of OWNER against CONTRACTOR then existing
or which may thereafter accrue. Any retention or payment of
moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRACTOR
and ENGINEER, OWNER may, without cause and without
prejudice to any other right or remedy of OWNER, elect to
terminate the Agreement. In such case, CONTRACTOR shall
be paid (without duplication of any items):
15.4.1. for completed and acceptable Work executed in
ut accordance with the Contract Documents prior to the effec-
tive date of termination, including fair and reasonable sums
for overhead and profit on such Work;
15.4.2. for expenses sustained prior to the effective dare
of termination in performing services and furnishing labor,
materials or equipment as required by the Contract Docu-
ments in connection with uncompleted Work, plus fair and
reasonable sums for overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages incurred
in settlement of terminated contracts with Subcontractors,
Suppliers and others; and
15.4.4. for reasonable expenses directly attributable to
termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss arising
out of or resulting from such termination.
CONTRACTOR May Stop Work or Terminate:
15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public author-
ity, or ENGINEER fails to act on any Application for
Payment within thirty days after it is submitted or OWNER
fails for thirty days to pay CONTRACTOR any sum finally
determined to be due, then CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER,
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminate the Agree-
ment and recover from OWNER payment on the same terms
as provided in paragraph 15.4. In lieu of terminating the
Agreement and without prejudice to any other right or
remedy, if ENGINEER has failed to act on an Application
for Payment within thirty days after it is submitted, or
OWNER has failed for thirty days to pay CONTRACTOR
any sum finally determined to be due, CONTRACTOR may
upon seven day's written notice to OWNER and ENGI-
NEER stop the Work until payment of all such amounts due
CONTRACTOR, including interest thereon. The provisions
of this paragraph 15.5 are not intended to preclude CON-
TRACTOR from making claim under Articles II and 12 for
an increase in Contract Price or Contract Times or otherwise
for expenses or damage directly attributable to CONTRAC-
TOR's stopping Work as permitted by this paragraph.
ARTICLE 16 —DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR have
agreed on the method and procedure for resolving disputes
between them that may arise under this Agreement, such
dispute resolution method and procedure, if any, shall be as set
forth in Exhibit GC -A, "Dispute Resolution Agreement," to be
attached hereto and made a part hereof. If no such agreement
on the method and procedure for resolving such disputes has
been reached, and subject to the provisions of paragraphs 9.10,
9.11, and 9.12, OWNER and CONTRACTOR may exercise
I
1
,i
I
I
I
I
I
I
I
L1
I
I
I
I
I
I
41
n
I
I
I
[1
n
I
I
I
I
I
Li
L
I
[
I
I
n
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any dispute.
ARTICLE 17 —MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid, to the last business address
known to the giver of the notice.
Computation of Times:
17.2.1. When any period of time is referred to. in the -
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. If the last day
of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a day.
Notice of Claim:
17.3. Should OWNER or CONTRACTOR suffer injury or
damage to person or property because of any error, omission or
act of the other party or of any of the other party's employees
or agents or others for whose acts the other party is legally
liable, claim will be made in writing to the other party within a
reasonable time of the first observance of such injury or
damage. The provisions of this paragraph 17.3 shall not be
construed as a substitute for or a waiver of the provisions of
any applicable statute of limitations or repose.
Cumulative Remedies:
17.4. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder to
the parties hereto, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon CON-
TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1,
13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies
available to OWNER and ENGINEER thereunder, are in
addition to, and are not to be construed in any way as a
limitation of, any rights and remedies available to any or all of
them which are otherwise imposed or available by Laws or
Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of
this paragraph will be as effective as if repeated specifically in
the Contract Documents in connection with each particular
duty, obligation, right and remedy to which they apply.
Professional Fees and Court Costs Included:
17.5. Whenever reference is made to "claims, costs, losses
and damages," it shall include in each case, but not be limited
to, all fees and charges of engineers, architects, attorneys and
other professionals and all court or arbitration or other dispute
resolution costs.
[The remainder of this page was left blank intentionally.]
i
S
I
U]
42
I
Ia
EXHIBIT GC -A to General Conditions of the
Agreement Between OWNER and CON-
TRACTOR Dated
For use with EJCDC No. 1910-8 (1990 ed.)
DISPUTE RESOWTION AGREEMENT
OWNER and CONTRACTOR hereby agree that Article 16
of the General Conditions to the Agreement between OWNER
and CONTRACTOR is amended to include the following
agreement of the parties:
16.1. All claims, disputes and other matters in question
between OWNER and CONTRACTOR arising out of or relat-
ing to the Contract Documents or the breach thereof (except
for claims which have been waived by the making or accep-
tance of final payment as provided by paragraph 14.15) will be
decided by arbitration -in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Asso-
ciation then obtaining, subject to the limitations of this Article
16. This agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable under
the prevailing law of any court having jurisdiction.
16.2. No demand for arbitration of any claim, dispute or
other matter that is required to be referred to ENGINEER
initially for decision in accordance with paragraph 9.11 will be
made until the earlier of (a) the date on which ENGINEER has
rendered a written decision or (b) the thirty-first day after the
parties have presented their evidence to ENGINEER if a
written decision has not been rendered by ENGINEER before
that date. No demand for arbitration of any such claim, dispute
or other matter will be made later than thirty days after the date
on which ENGINEER has rendered a written decision in
respect thereof in accordance with paragraph 9.11; and the
failure to demand arbitration within said thirty days' period will
result in ENGINEER'S decision being final and binding upon
OWNER and CONTRACTOR. If ENGINEER renders a de-
cision after arbitration proceedings have been initiated, such
decision may be entered as evidence but will not supersede the
arbitration proceedings, except where the decision is accept-
able to the parties concerned. No demand for arbitration of any
written decision of ENGINEER rendered in accordance with
Paragraph 9.10 will be made later than ten days after the party
making such demand has delivered written notice of intention
to appeal as provided in paragraph 9.10.
16.3.
Notice
of the
demand
for
arbitration will be filed in
writing
with the
other
party to
the
Agreement and with the
American Arbitration Association, and a copy will be sent to
ENGINEER for information. The demand for arbitration will
be made within the thirty -day or ten- day period specified in
Paragraph 1.6.2 as applicable, and in all other cases within a
reasonable time after the claim, dispute or other matter in
question has arisen, and in no event shall any such demand be
made after the date when institution of legal or equitable
Proceedings based on such claim, dispute or other matter in
question would be barred by the applicable statute of limita-
tions.
16.4. Except as provided in paragraph 16.5 below, no
arbitration arising out of or relating to the Contract Documents
shall include by consolidation, joinder or in any other manner
any other person or entity (including ENGINEER, ENGI-
NEER's Consultant and the officers, directors, agents, em-
ployees or consultants of any of them) who is not a party to this
contract 0nless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among those
who are already parties to the arbitration, and
16.4.2. such other person or entity is substantially in -
v lkv d in a question of law or fact which is common to those
who are already parties to the arbitration and which will arise
in such proceedings, and
16.4.3. the written consent of the other person or entity
sought to be included and of OWNER and CONTRACTOR
has been obtained for such inclusion, which consent shall
make specific reference to this paragraph; but no such
consent shall constitute consent to arbitration of any dispute
not specifically described in such consent or to arbitration
with any party not specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4 if a claim, dispute or
other matter in question between OWNER and CONTRAC-
TOR involves the Work of a Subcontractor, either OWNER or
CONTRACTOR may join such Subcontractor as a party to the
arbitration between OWNER and CONTRACTOR hereunder.
CONTRACTOR shall include in all subcontracts required by
paragraph 6.11 a specific provision whereby the Subcontractor
consents to being joined in an arbitration between OWNER
and CONTRACTOR involving the Work of such Subcontrac.
tor. Nothing in this paragraph 16.5 nor in the provision of such
subcontract consenting to joinder shall create any claim, right
or cause of action in favor of Subcontractor and against
OWNER, ENGINEER or ENGINEER's Consultants that
does not otherwise exist.
16.6. The award rendered by the arbitrators will be final,
judgment may be entered upon it in any court having jurisdic-
tion thereof, and it will not be subject to modification or appeal.
(The remainder of this page was left blank intentionally.]
[1
I
I
I
I
C1
I
LJ
I
LI
I
1
I
I
I
I
Li
GC -Al
16.7. OWNER and CONTRACTOR agree that they shall
first submit any and all unsettled claims, counterclaims, dis-
putes and other matters in question between them arising out of
or relating to the Contract Documents or the breach thereof
("disputes"), to mediation by The American Arbitration As-
sociation under the -Constriction Industry Mediation Rules of
the American Arbitration Association prior to either of them
initiating against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating arbitra-
tion would irrevocably prejudice one of the parties. The
respective thirty and ten day time limits within which to file a
demand for arbitration as provided in paragraphs 16.2 and 16.3
above shall be suspended with respect to a dispute submitted to
mediation within those same applicable time limits and shall
remain suspended until ten days after the termination of the
mediation. The mediator of any dispute submitted to mediation
under this Agreement shall not serve as arbitrator of such
dispute unless otherwise agreed.
I
I
I
p
p
I
I
I
111
.SUPPLEMENT TO GENERAL CONDITIONS
ARTICLE 18 COPIES OF DOCUMENTS:
Article 2.2 of the General Conditions shall be amended to read OWNER shall '
furnish to CONTRACTOR up to two (2 ) copies of the Contract Documents as are
reasonably necessary for the execution of the Work. Additional copies will be '
furnished, upon request; at the cost of reproduction.
ARTICLE 19 PAYMENT TO CONTRACTOR:
Unon receipt of a partial payment request in accordance with Article 14.2
of the General Conditions the ENGINEER will, within ten (10) days of receipt,
either indicate in writing approval of payment and present said estimate to the
OWNER or return the partial payment request to CONTRACTOR indicating in writing
the reasons for refusing to approve payment. In the latter case, the CONTRACTOR
may make the necessary corrections and resubmit the payment request. The OWNER
will, within 30 days of.presentation of an approved partial payment request, pay
the CONTRACTOR a progress payment on. the basis of the approved partial payment
request less retainage. The retainege shall be 10% of said estimate until 50%
of the work_has been fully complete. At 50% completion, further partial payments
shall be made to the CONTRACTOR in full with no additional retainage unless the
ENGINEER certifies that the job is not progressing satisfactorily, but amounts
previously retained shall not be paid to the CONTRACTOR. At 50% completion or
anytime thereafter where the progress is not satisfactory, additional amounts
may be retained but in no event shall the retainage be more than 10% of the work
completed. When work is substantially completed, any amount retained may be paid
to the CONTRACTOR except that the OWNER shall retain an amount sufficient to
cover any work yet to be completed.
Upon completion and acceptance of the WORK, the ENGINEER shall issue a
certificate attached to the final payment request that the WORK has been accepted
under the conditions of the CONTRACT DOCUMENTS. The entire balance found to be
due the CONTRACTOR, including the retained percentages, but except such sums as
may be lawfully retained by the OWNER shall be paid to the CONTRACTOR within
thirty (30) days of completion and acceptance of the WORK.
ARTICLE 20 CLAIMS:
The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents
harmless from all claims growing out of the lawful demand of SUBCONTRACTORS,
laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts
thereof, equipment, tools and all supplies, incurred in the furtherance of the
performance of the WORK. The CONTRACTOR shall, at the OWNER'S request, furnish
satisfactory evidence that all obligations of the nature designated above have
been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER
may, after having notified the CONTRACTOR, either pay unpaid bills or withhold
from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably
sufficient to pay any and all such lawful claims until satisfactory evidence is
furnished that all liabilities have been fully discharged whereupon payment to
the CONTRACTOR shall be resumed in accordance with the terms of the CONTRACT
DOCUMENTS, but in no event shall the provisions of this sentence be construed
to impose any obligations upon the OWNER to either the CONTRACTOR, the
11
CONTRACTOR'S Surety, or any third party. In paying any unpaid bills of the
CONTRACTOR,, any payment so made by the OWNER shall be considered as a payment
made under the CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER
shall not be liable to the CONTRACTOR for any such payments made in good faith.
ARTICLE 21 INSURANCE:
21.1 The CONTRACTOR shall purchase and maintain such insurance as will protect
it from claims set forth below which may arise out of, or result from, the
CONTRACTOR'S execution of the WORK, whether such execution be by the CONTRACTOR,
any SUBCONTRACTOR, or by anyone directly or indirectly employed by any of them,
or by anyone for whose acts any of them may be liable:
21.1.1 Claims under worker's compensation, disability benefit and other
similar employee benefit acts;
21.1.2 Claims for damages because of bodily injury, occupational sickness
or disease, or death of employees;
21.1.3 Claims for damages because of bodily injury, sickness or disease,
or death of any person other than employees;
21.1.4 Claims for damages insured by usual personal injury liability
coverage which are sustained (1) by any person as a result of an offense
directly or indirectly related to the employment of such person by the
CONTRACTOR, or (2) by any other person; and
21.1.5 Claims for damages because of injury to or destruction of tangible
property, including loss of use resulting therefrom.
21.2 Certificates of insurance acceptable to the OWNER shall be filed with the
OWNER prior to commencement of the WORK. These Certificates shall contain a
provision that coverages afforded under the policies will not be cancelled unless
at least fifteen (15) days prior WRITTEN NOTICE has been given to the OWNER.
21.3 the CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own expense,
during the CONTRACT TIME, liability insurance as hereinafter specified:
21.3.1 CONTRACTOR'S General Public Liability and Property Damage Insurance
including vehicle coverage issued to the CONTRACTOR and protecting the
CONTRACTOR from all claims for personal injury, including death, and all
claims for destruction of or damage to property, arising out of or in
connection with any operations under the CONTRACT DOCUMENTS, whether such
operations be by the CONTRACTOR or by any SUBCONTRACTOR employed by the
CONTRACTOR or anyone directly or indirectly employed by the CONTRACTOR or
by a SUBCONTRACTOR employed by the CONTRACTOR. Insurance shall be written
with a limit of liability of not less than $500,000 for all damages arising
out of bodily injury, including death, at any time resulting therefrom
sustained by any one person in any one accident; and a limit of liability
of not less than $500,000 aggregate for any such damage sustained by two
or more persons in any one accident. Insurance shall be written with a
limit of liability of not less than $200,000 for all property damage
sustained by any one person in any one accident; and a limit of liability
2 SUPPLEMENT TO GENERAL CONDITIONS
of not less than $200,000 aggregate for any such damage sustained by two
or more persons in any one accident.
21.4 The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own expense,
during the CONTRACT TIME, in accordance with the provisions of the laws of the
State in which the WORK is performed, Worker's Compensation Insurance, including
occupational disease provisions, for all of the CONTRACTOR'S employees at the
site of the PROJECT and in case any WORK is sublet, the CONTRACTOR shall require
such SUBCONTRACTOR similarly to provide Worker's Compensation Insurance,
including occupational disease provisions for all of the latter's employees
unless such employees are covered by the protection afforded by the CONTRACTOR.
In case any class of employees engaged in hazardous work under this contract at
the site of the PROJECT is not protected under Worker's Compensation statute,
the CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to provide,
adequate and suitable insurance for the protection of its employees not otherwise
protected.
21.5 The CONTRACTOR shall secure, if applicable, "All Risk" type Builder's Risk
Insurance for WORK to be performed. Unless specifically authorized by the OWNER,
the amount of such insurance shall not be less than the CONTRACT PRICE totaled
in the BID. The policy shall cover not less than the losses due to fire,
explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot,
aircraft, and smoke during the CONTRACT TIME, and until the WORK is accepted by
the OWNER. The policy shall name as the Cnsured the CONTRACTOR, and the OWNER.
ARTICLE 22 CONTRACT SECURITY:
The CONTRACTOR shall within ten (10) days after the receipt of the NOTICE
OF AWARD furnish the OWNER with a Performance BOND and a Payment BOND in penal
sums equal to the amount of the CONTRACT PRICE, conditioned upon the performance
by the CONTRACTOR of all undertakings, covenants, terms, conditions and
agreements of the CONTRACT DOCUMENTS, and upon the prompt payment by the
CONTRACTOR to all persons supplying labor and materials in the prosecution of
the WORK provided by the CONTRACT DOCUMENTS. Such BONDS shall be executed by
the CONTRACTOR and a corporate bonding company licensed to transact such business
in the State in which the WORK is to be performed and named on the current list
of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury
Department Circular Number 570, provided that the contract amount shall not
` exceed the underwriting limitation listed for the surety in Circular 570. For
contracts in excess of $100,000, the BONDS shall be issued by a Bonding Company
listed by the A.M. BEST Rating Book as follows:
(1) contracts in excess of $100,000.00, but less than $1,000,000.00 -
"B+" rating or higher and contract amount may not exceed 2.0% of the
policyholder's surplus.
La (2) contracts in excess of $1,000,000.00 - "A" rating or higher and
contracts may not exceed 2.0% of the policyholder's surplus.
In addition, the BONDS shall be executed by an Arkansas Agent; not countersigned.
The expense of these BONDS shall be borne by the CONTRACTOR. If at any time a
surety on any such BOND is declared bankrupt or loses its right to do business
in the State of Arkansas or is removed from the above list of Surety Companies,
CONTRACTOR shall within ten (10) days after notice from the OWNER to do so,
11 3 SUPPLEMENT TO GENERAL CONDITIONS
I
substitute an acceptable BOND (or BONDS) in such form and sum and signed by such
other surety or sureties as may be satisfactory to the OWNER. The premiums on
such BOND shall be paid by the CONTRACTOR. No further payment shall be deemed
due nor shall be made until the new surety or sureties shall have furnished an
' acceptable BOND to the OWNER.
ARTICLE 23 INDEMNIFICATION:
' 23.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the ENGINEER
and their agents and employees from and against all claims, damages, losses and
expenses including attorney's fees arising out of or resulting from the
' performance of the WORK, provided that any such claims, damage, loss or expense
is attributable to bodily injury, sickness, disease or death, or to injury to
or destruction of tangible property including the loss of use resulting
therefrom; and is caused in whole or in part by any negligent or willful act or
omission of the CONTRACTOR, and SUBCONTRACTOR, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable.
' 23.2 In any -and all claims against the OWNER or the ENGINEER, or any of their
agents or employees, by any employee of the CONTRACTOR, and SUBCONTRACTOR, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of
' them may be liable, the indemnification obligation shall not be limited in any
way by any limitation on the amount or type of damages, compensation or benefits
payable by or for the CONTRACTOR or any SUBCONTRACTOR under worker's compensation
acts, disability benefits acts or other employee benefits acts.
23.3 The obligation of the CONTRACTOR under this paragraph shall not extend to
the liability of the ENGINEER, its agents or employees arising out of the
' preparation or approval of maps, DRAWINGS, opinions, reports, surveys, CHANGE
ORDERS, designs or SPECIFICATIONS.
ARTICLE 24 WAGE RATES:
This project is governed under the authority of the ARKANSAS PREVAILING
WAGE LAW, ACT 74 of 1969 as amended by ACT 275 of 1969 and compliance is
required.
Ii
I
I
END OF SUPPLEMENT TO GENERAL CONDITIONS
4 SUPPLEMENT TO GENERAL CONDITIONS
SECTION SC100, SPECIAL CONDITIONS
SC100.o1 GENERAL:
The General Conditions are general in scope, and may refer to conditions
not encountered on or in connection with work covered by this contract. Any
provision of the General Conditions which pertains to a non-existent condition
and is not applicable to the work to be performed hereunder, or which conflicts
with any provision of the Special Conditions, shall have no meaning in the
contract and shall be disregarded.
SC100.02 SPECIFICATIONS:
The specifications which govern the materials and equipment necessary to
be furnished and work to be performed are listed in the Table of Contents.
No attempt has been made to segregate work to be performed by any trade or
subcontract. Any segregation between the trades or crafts will be solely a
matter for agreement between the Contractor, subcontractor, and their respective
employees.
The Specifications as a whole will govern the construction of the entire
work. The applicable provisions will govern work to be performed under each
schedule.
SC100.03 POWER:
All power for lighting, operation of Contractor's plant or equipment, or
for any other use by the Contractor to conduct or to expedite the work shall be
provided by the Contractor at his sole cost and expense. The Contractor shall
arrange for service at his discretion from the power company and shall assume
liability for all charges until the improvements have been accepted by the
Contracting Authority. The Contracting Authority will request the transfer of
the service on that date and assume the liability for charges incurred by the
Contracting Authority from that date.
SC100.04 LINES AND GRADES:
All work shall be done to the lines, grades, and elevations shown on the
plans. The Contractor shall keep the Engineer informed, a reasonable time in
advance, of the times and places at which he wishes to work, so that lines and
grades may be furnished and measurements for record and payment may be made with
minimum inconvenience to the Engineer and minimum delay to the Contractor.
The Contractor shall furnish, without charge, competent men from his force
and such tools, stakes, and other materials as the Engineer may require for
restaking and work required to be restaked. The Contractor will not proceed with
the work unless there is an accurate grade stake at a maximum distance of 50
feet. The Contractor may elect to hire the Engineers, to restake said work.
If so elected, he will pay only time and materials required for restaking work
which has been previously staked by the Engineer, at the Engineer's normal hourly
billing rate.
Any work done without being properly located on grade or off alignment,
may be ordered removed and replaced at the Contractor's expense.
SC100.05 RIGHTS -OF -WAY:
The necessary rights -of -way and easements for the project and to carry out
the work along the project will be provided by the Contracting Authority. The
Contractor shall confine his construction operations to the immediate vicinity
of the locations shown on the plans and shall use due care in placing
construction tools, equipment, excavated materials, and pipeline materials and
supplies, so as to cause the least possible damage to property and interference
with traffic. The placing of such tools, equipment, and materials shall be
subject to the approval of the Engineer. The Contracting Authority will not be
responsible for haul road to and from the right-of-way.
The Contractor shall be responsible for all damage to crops and other
property outside of the rights -of -way and easements, and shall make satisfactory
settlement for the damage directly with the property owner and tenant involved,
as their interests may require.
All work performed, and all operations of the contractor, his employees,
or his subcontractors, within the limits of railroad and highway rights -of -way
shall be in conformity with the requirements, and be under the control (through
the Contracting Authority), of the railroad or highway authority owning or having
jurisdiction over and control of, the right-of-way in each case.
All existing fences which interfere with the construction operations shall
be maintained by the Contractor until the completion of the work affected
thereby, unless written permission is obtained from the Contracting Authority
thereof to leave an interfering fence dismantled for an agreed period of time.
Where fences must be maintained across the right-of-way, adequate gates shall
be installed therein. Gates shall be kept closed and locked at all times when
not in use.
Upon completion of the work across any tract of land, the Contractor shall
restore all fences to their original or to a better condition and quality,
purchasing new material and replace all materials lost, damaged, or destroyed.
Temporary gates installed by the Contractor in any fence line may be left in
place with the permission of the owner and tenant of the property.
All materials used in fence repairs or replacements shall be approved by
the Engineer.
SC100.06 PROTECTION AND MAINTENANCE OF PUBLIC AND PRIVATE PROPERTY:
The Contractor shall protect, shore, brace, support, and maintain all
underground constructions uncovered or otherwise affected by the construction
work performed by him. All pavement, surfacing, driveways, curbs, walks,
buildings, utility poles, guy wires, and other surface structures affected by
construction operations in connection with the performance of the Contract,
together with all sod and shrubs in yards and parking removed or otherwise
damaged, shall be restored to their original condition as determined and approved
by the Engineer. All replacements shall be made with new materials.
2 SPECIAL CONDITIONS
L]
Id
10
I
The Contractor shall be responsible for all damage to streets, roads,
highways, shoulders, ditches, embankments, culverts, bridges, or other public
or private property or facility, regardless of location of character, which may
be caused by moving, hauling, or otherwise transporting equipment, materials,
or men to or from the work or any part or site thereof, whether by him or his
subcontractors. The Contractor shall make satisfactory and acceptable
arrangements with the owner of, or the agency or authority having jurisdiction
over, the damaged property or facility concerning its repair or replacement or
payment of costs incurred in connection with said damage.
[I
I
I
All fire
hydrants and
water
control valves
shall be kept free from
obstruction and
available for
use at
all times.
SC100.07 MAINTENANCE OF TRAFFIC:
The Contractor shall conduct his work so as to interfere as little as
possible with public travel, whether vehicular or pedestrian. Whenever it is
necessary to cross, obstruct, or close roads, driveways, and walks, whether
public or private, the Contractor shall at his own expense provide and maintain
suitable and safe bridges, detours, or other temporary expedients for the
accommodation of public and private travel, and shall give reasonable notice to
Owner of private drives before interfering with them; provided, however, that
such maintenance of traffic at any designated point thereon and for the duration
of whatever period of time as may be agreed upon.
In making open cut street crossings, the Contractor shall not block more
than one-half of the street at a time. Wherever possible, the Contractor shall
widen the shoulder on the opposite side to facilitate traffic flow. Temporary
surfacing shall be provided as necessary on shoulders. It shall be the
responsibility of the Contractor to notify the police or fire department prior
to cutting or blocking any public street or roadway.
At the time of the preconstruction conference, the Contractor shall provide
to the Owner a detailed traffic control plan indicating detouring routing,
signage and other traffic control features. Traffic control shall conform to
the Manual on Uniform Traffic Control Devices.
SC100.08 UNDERGROUND INSTALLATIONS AND STRUCTURES:
Pipelines and other existing underground installations and structures in
the vicinity of the work to be done hereunder are indicated on the plans
according to the best information available to the Contracting Authority. The
Contractor shall be required to contact Arkansas One Call System, Inc. (800)482-
8998, and the Fayetteville Water and Sewer Department prior to any commencement
of construction activities. The Contracting Authority does not guarantee to
accuracy of such information. House sewer connections, water and gas services,
and other utility lines may not be indicated on the plans. The Contractor shall
make every effort to locate all underground pipelines, conduits, and structures
by contacting owner of underground utilities and by prospection in advance of
trench excavation. The moving of planned improvements to avoid conflict with
existing pipelines and other existing installations and structures in the
vicinity of the work to be done for the convenience of the Contractor shall be
accomplished at no additional cost to the Contracting Authority.
I1
I
Pl
I
Il
I
I
I
J
J
I'
3
SPECIAL CONDITIONS
I
I
SC100.09 SCHEDULE OF OPERATIONS:
Before work is started, the Contractor shall prepare a detailed schedule
of all construction operations that shall not only indicate the sequence of the
work, but also the time of starting and completion of each part. The schedule
' shall be submitted to the Engineer for his approval. The Contractor shall also
be required to submit an updated version of this schedule with the submission
of each periodic payment estimate.
' If conditions beyond the control of the Contract^r justify, and the
Contracting Authority approves an extension of contract time, the Contractor
' shall revise the construction schedule in accordance with the approved extension.
The Contracting Authority may require the Contractor to add to his plant,
equipment, or construction forces, as well as increase the working hours, if
' operations fall behind the approved schedule to an extent that the completion
of the work within the specified time appears doubtful.
' The Contractor shall coordinate any and all connections to existing water
line with the City of Fayetteville, and the Fayetteville Water and Sewer
Department.
' SC100.10 CONSTRUCTION SUPERVISION:
Construction supervision shall be by AVIV, csty of Fo-c1tei,lle
' Eceex'nq^"S� The Contractor
shall provide the Engineer with a detailed schedule of proposed construction
activities.
SCIO0.11 ACCESS:
The Contractor shall provide for access to the construction activities
' during working hours or as requested to authorized representatives of the City
of Fayetteville, the Engineer ('Litt of Faj et}e.4L UE; ) , and the Arkansas
State Department of Health.
SC100.12 CONTRACT TIME:
' The date of the beginning for completion of the work are essential
conditions of the Contract Documents and the WORK embraced shall be commenced
on a date to be specified in the NOTICE TO PROCEED.
' The Contractor will proceed with the WORK at such rate of progress to insure
full completion within the CONTRACT TIME. It is expressly understood and agreed,
by and between the CONTRACTOR and the OWNER that the CONTRACT TIME for the
' completion of the WORK described herein is a reasonable time, taking into
consideration the average climatic, economic, and other factors prevailing in
the locality of the WORK.
' If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME,
or written extension of the CONTRACT TIME granted by the OWNER, then the
CONTRACTOR will pay the OWNER for liquidated damages as specified in the BID
' for each calendar day that the CONTRACTOR shall be in default after the time
stipulated in the BID. In addition, the CONTRACTOR shall pay all ENGINEERING
..___....-_ _.._......
4 SPECIAL CONDITIONS
I 1
costs incurred by the OWNER for CONTRACT supervision beyond the required date
of completion, said costs being based on the ENGINEER'S standard hourly rate
plus expenses. '
The CONTRACTOR shall not be charged with liquidated damages or excess
i engineering costs when the delay is due to the following and the CONTRACTOR has
11
promptly given written notice of such delay to the OWNER or ENGINEER:
a. To any preference, priority or allocation order duly issued by the
OWNER.
b. To unforeseen causes beyond the control and without the fault or
negligence of the CONTRACTOR, including but not limited to, acts of
God, acts of the public enemy, acts of the OWNER, acts of another
CONTRACTOR in the performance of a Contract with OWNER, fires,
1 floods, epidemic quarantine restrictions, strikes, freight embargoes,
and abnormal and unforeseeable weather.
1 SC100.13 NORMAL HOURS OF WORK:
Work under this contract associated with the construction of the reinforced
concrete box culverts shall be conducted between 8:00 a.m. - 8:00 p.m., Monday
through Saturday. The Contractor is prohibited from working on Sundays.
Work under this contract associated with excavation, trenching, backfill,
' and the laying of pipe shall be conducted during the normal working hours of the
Fayetteville Water and Sewer Department, 8:00 a.m. - 5:00 p.m., Monday through
Friday. The Contractor shall be allowed to perform clean-up and/or preparation
activities before or after such regular working hours and/or on weekend days.
1 SC100.14 QUALITY CONTROL TESTING: '
The Contractor will be responsible for the cost of all quality control
testing.
SC100.15 SAND, CEMENT. AND FLYASH SLURRY MIXTURE (UTILITY MIX):
At locations where a sand, cement, and flyash slurry mixture is used as
specified by the Engineer, the materials shall be in the ratio of 3400 lbs Sand
150 lbs Cement : 100 lbs Flyash.
The slurry mixture shall be plant mixed and shall have a minimum
compressive strength of 300 psi at 28 days. The specifications for the sand,
cement, and flyash materials used in the slurry mixture are set forth in Section
401 of these Specifications. The design of the slurry mixture may be modified
as required by the Engineer.
it
I
END OF SECTION SC100, SPECIAL CONDITIONS '
5 SPECIAL CONDITIONS
I
'it SECTION 110, MEASUREMENT AND PAYMENT
', 110.01 Measurement and payment for contract work will be made only for and under
those pay -items included in the proposal or bid form. All other work and
materials will be considered incidental to and included in the payment of the
t,pay items in the proposal or bid form.
110.02 MEASUREMENT OF QUANTITIES:
Work acceptably completed under the contract will be measured by the
Engineer according to United States standard measures. The method of measurement
and computations to be used in determination of quantities of material furnished
an of work performed under the contract will be those methods generally
recognized as conforming to good engineering practice.
The following methods of measurement are used to determine contract
quantities for payment.
For individual construction items, longitudinal and lateral measurements
for area computations will be made horizontally or corrected to horizontal
measurement unless otherwise specified.
flFor items that are measured by the linear foot, such as pipe culverts,
guard rail, underdrains, etc., measurements will be made parallel to the base
or foundation upon which the structures are placed, unless otherwise specified.
Structures will be measured according to neat lines shown on the drawings
or as altered by the Engineer to fit field conditions.
The average end area method will be used to compute volumes of earthwork,
base course, or other materials specified for measurement by the cubic yard,
unless otherwise specified. Where, in the judgement of the Engineer, the average
end area method is impractical, measurement will be made by other three
dimensional methods.
fl Materials which are specified for measurement by the ton shall be hauled
in approved vehicles bearing a plainly legible identification number and weighed
on accurate, approved scales furnished by the Contractor and inspected and
certified by a registered scale mechanic no less often than once a year and prior
to their use after each move. Scales shall be located at the loading point or
other approved location.
flVehicles used to haul materials measured by weight shall be weighed empty
for each load, or shall be weighed daily or from time to time during the day as
the Engineer may direct, in order to establish the tare weight of each load.
N The scales furnished shall be capable of weighing the entire loaded vehicle at
one time.
U
U
1
For aggregates weighed for payment, the tonnage will be adjusted to dry
weight. If moisture determination is necessary, the daily average moisture
content will be determined from not less than three representative samples of
aggregate taken at random intervals each day that aggregate is being weighed.
1
Asphalt cements, liquid asphalts and asphalt emulsions shall be measured
by the gallon or by the ton in distributors, transfer tanks, supply tanks or
tank cars as may be appropriate; or may be measured by other methods specified
under the individual item. Gallonage measurements of asphalt cements and liquid
asphalts shall be corrected to 60 degrees F using correcting tables from ASTM
D 1250. Gallonage measurements of asphalt emulsions shall be corrected to 60
degrees F using the expansion coefficient factor of 0.00025 per degree
Fahrenheit. Water added to dilute emulsified asphalt will not be included in
the pay quantity.
Volumetric measurements made in the various types of tanks, including
distributors, may be based on calibration of the tanks made by the Engineer.
In the case of railroad tank cars or distributors, the outage table furnished
for each tank by the manufacturer may be used in lieu of actual calibration of
the tank. The Contractor shall furnish at no cost to the Owner, all necessary
equipment, materials and assistance for such calibration. Pay quantities will
include only the material actually used in the work at the direction of the
Engineer.
When standard manufactured items are specified such as fence, wire, plates,
rolled shapes, pipe conduit, etc., and these items are identified by gage, unit
weight, section dimensions, etc., such identification will be considered to be
nominal weights or dimensions. Unless more stringently controlled by tolerances
in cited specifications, manufacturing tolerances established by the industries
involved will be accepted.
Timber will be measured by the 1000 foot board measure (M.F.B.M.).
Measurements will be based on nominal width and thickness based on applicable
grading rules.
will mean the short ton consisting of 2000 pounds.
A "station" when used as a definition or term of measurement will
linear feet measured horizontally.
A "unit" will mean a single quantity regarded as_a whole in calculations.
The term
more parts.
mean one complete unit, which may consist of one or
The term "lump
sum" when
used as an item of
payment will mean complete
payment for the
work
described
in the contract. When a complete
structure or
structural unit
(in
effect, "lump
sum" work) is
specified as
the unit of
measurement, the
unit
will be construed to include
all necessary
fittings and
accessories.
The term "gage", when used in connection with the measurement of plates,
will mean the U.S. Standard Gage. When the term "gage" refers to the measurement
of wire, it will mean the wire gage specified in AASHTO M 32.
03 PAYMENT:
The
Contractor shall
receive and accept
compensation
provided for in
the
contract
as full payment
for furnishing all
materials and
for performing
all
I
work under the contract in a complete -and acceptable manner and for all risk,
loss, damage, or expense of whatever character arising out of the nature of the
work or the prosecution thereof, unless otherwise provided in the contract
documents.
If the payment clause in the specifications relating to any unit price in
the proposal or bid form requires that the said unit price cover and be
considered compensation for certain work or material essential to the item, this
same work or material will not also be measured or paid for under any other pay
item which may appear elsewhere in the specifications.
When the accepted quantities of work vary from the quantities in the
proposal, the Contractor shall accept as payment in full, so far as contract
items are concerned, payment at the original contract unit prices for the
accepted quantities of work done. No allowance, except as otherwise provided
in the contract documents, will be made for any increased expenses, loss of
expected reimbursement, or loss of anticipated profits suffered or claimed by
the Contractor resulting either directly from such alterations or indirectly
from unbalanced allocation among the contract items of overhead expense on the
part of the bidder and subsequent loss of expected reimbursements therefor or
from any other cause.
END OF SECTION 110, MEASUREMENT AND PAYMENT
I
11 3 MEASUREMENT AND PAYMENT
Is
SECTION 120. TRAFFIC CONTROL AND MAINTENANCE
The Contractor shall be responsible for traffic control and maintenance
relative to the work involved in the project. Prior to the start of
construction, the Contractor shall submit a traffic control plan for approval
by the Engineer. This plan shall show proposed detour routes, signing, and
other traffic control measures.
I. Traffic control within state or federal highway rights -of -way shall be
subject to approval by the Arkansas Highway and Transportation Department.
The Contractor shall not close any public trafficway (street, road,
•sidewalk, alley, etc.) until he has obtained the necessary permits, the
permission of the appropriate authorities and has notified the local fire
department, police department and ambulance service. The referenced appropriate
authorities shall include both the City of Fayetteville Engineering and Traffic
Departments. The Contractor shall provide a safe, substitute route for any
portion of a trafficway obstructed wholly or, partially by his operations. He
shall erect and maintain all necessary barricades, lights, detour signs, danger
signals and signs, directions to travelers and shall take all necessary
precautions for the protection of the work, the safety of his employees and the
safety of the public.
Singing, barricades and lighting shall be in accordance with the U.S.
Department of Transportation, Federal Highway Administration, Manual on Uniform
Traffic Control Devices. The installation of the traffic control devices shall
be subject to approval of the Engineer.
Should the Contractor fail to maintain barricades or other traffic control
devices, or to maintain trench backfill, detours or driveways, such that I
immediate attention is required, the Owner will take the necessary corrective
action and will bill the actual cost to the contractor.
The Contractor shall maintain access to all properties adjacent to public
rights -of -way during construction of the project. The Contractor shall construct
temporary drives or detour routes, as required, to maintain access, and the
Contractor shall remove temporary drives or detour routes upon completion of the
work.
Traffic control and maintenance included in this section shall be
considered incidental to the construction and shall not be paid for separately.
• '
I
END OF SECTION 120, TRAFFIC CONTROL AND MAINTENANCE
O1 1
SECTION 201, SITE PREPARATION
201.01 SCOPE OF WORK:
' This work shall consist of all site preparation and removal and disposal
of obstructions.
201.02 LIMITS OF WORK:
The limits of the work under this contract shall extend to the right-of-
way lines of the street unless otherwise indicated on the plans or in the Special
Conditions.
The City of Fayetteville will not be responsible for obtaining additional
sites for the storage of equipment, the stockpiling of materials, the securing
of additional 'materials, or otherlands not required by the finished
construction. .
201.03 CLEARING WORK AREA:
The work area shall be cleared of all obstructions that will affect or
will be affected by the construction of the project. All items so encountered
will be removed unless otherwise shown on the plans or otherwise directed by
the Engineer. These items shall include, but not be limited to, signs, culverts,
headwalls, pavements and other items constituting an obstruction which are
encountered.
All structures, foundations, culverts, headwalls, concrete slabs and all
other obstructions or rubbish of any nature which interfere with the proposed
improvements shall be removed as a part of the clearing operation unless
otherwise directed by the Engineer or otherwise noted on the plans.
201.04 PROTECTING AND REMOVING OBSTRUCTIONS:
The Contractor shall take every precaution in protecting and removing all
obstructions intact unless otherwise permitted by the Engineer. These items
shall include, but not be limited to, shrubs, hedges, signs, landscaping items,
the brick and rock from sidewalks and driveways and all other items which
constitute an obstruction but which are or should be considered as the property
of those adjoining the street right-of-way.
Items so removed shall be provided to the adjacent property owner if
requested; otherwise, items shall be disposed of as specified in other sections
of these specifications.
• Removal and relocation of traffic and street signs shall be coordinated
with the City of Fayetteville Traffic Department.
201.05 OBSTRUCTIONS NOT SHOWN ON PLANS:
The plans show the location of certain exposed and buried obstructions,
as well as existing surface and subsurface structures. Neither the owner nor
the Engineer assumes any responsibility for failure to show such obstruction or
,l 1
II
structures on the plans or to show them in their exact location. The absence
of these obstructions on the drawings does not relieve the Contractor of any
responsibility in the protection, removal and satisfactory replacement of these
obstructions. The failure to show the obstructions will not be considered
sufficient basis for claims for extra work or for increasing the pay quantities
in any manner whatsoever, unless the obstruction encountered is such as to
necessitate substantial changes in the lines and grades of the proposed
improvements or requires the building of a special structure.
201.06 EXISTING UTILITIES:
The known existing utilities are as shown on the plans. The Contractor
shall take special precautions to protect the utilities shown, as well as others
that are not located and shown. It shall be the Contractor's responsibility to
protect and maintain in operating condition all such utilities.
The removal of existing utilities required to permit orderly progress of
the work shall be accomplished by local agencies, as shown on the plans or
specified within these specifications. The Contractor shall notify all utility
companies, all -pipeline owners, or other parties affected, and endeavor to have
all necessary adjustments of the public or private utility fixtures, pipelines,
pole lines and other appurtenances within or adjacent to the limits of the
construction made as soon as possible.
It is understood and agreed that the Contractor has considered in his bid
all of the permanent and temporary utility appurtenances in their present or
relocated positions as shown on the plans or as specified herein and that no
additional compensation will be allowed for any delays, inconvenience, or damage
sustained by him due to any interference from the said utility appurtenances or
the operation of moving them.
The Contractor shall notify the Owner of the utility in the path of his
operation, sufficiently in advance of his work contiguous to such utility, to
enable the Owner of same to have a representative present.
201.07 WATERWAYS:
Present natural and artificial waterways shall be left open to flow freely.
Temporary dams or by-passes shall be provided when found necessary and/or
directed by the Engineer.
201.08 REMOVING CULVERTS:
Culverts, headwalls and other drainage structures in use by traffic shall
not be removed until satisfactory arrangements have been made to accommodate
traffic.
201.09 REMOVAL OF PAVEMENTS AND SIDEWALKS:
All pavements, driveways, sidewalks, curbs and other such items which must
be removed to complete the project as shown on the plans shall be so removed in
a workmanlike manner. The area of each of these items so removed shall be
restricted to the minimum possible area that will conform to the lines and grades
of the completed construction.
I
I
II
II
I
LII
2 SITE PREPARATION
Asphaltic concrete and Portland Cement concrete surfaces shall be sawed
at the boundaries of the areas to be removed.- Sawing shall be reasonably true
to line and the depth of sawing shall be such that when removing the material,
undue under -breakage or shattering of the adjacent area will not occur. The
equipment for sawing shall be approved mechanical concrete saws in 'satisfactory
working condition and adequately powered to cut to the depth required.
201.10 FENCE REMOVAL AND REPLACEMENT:
Fence designated to be removed and replaced shall be removed in advance
of other construction of improvements and shall be placed to provide a temporary
fence clear of the proposed construction. Materials not required for the
temporary fence shall be stored by the Contractor. The fence shall be replaced
in its original alignment utilizing the existing fence materials. The Contractor
shall, at his expense, replace all damaged fence materials.
201.11 PROTECTION OF PROPERTY:
The Contractor shall be responsible for the preservation of all public
and private property encountered in the construction of these improvements.
The Contractor shall be responsible for all damage or injury to the
property of any character, during the prosecution of the work, resulting from
any act, omission, neglect or misconduct in his manner or method of executing
the work, or at any time due to defective work or materials and said
responsibility will not be released until the project shall have been completed
and accepted.
When or where any direct or indirect damage or injury is done to public
or private property by or on account of any act, omission, neglect or misconduct
in the execution of the work, or in consequence of the non -execution thereof by
the Contractor, he shall restore at his own expense, such property to a condition
' similar or equal to that existing before such damage or injury was done by
repairing, rebuilding or otherwise restoring as may be directed, or he shall make
good such damage or injury in an acceptable manner.
201.12 MEASUREMENT AND PAYMENT:
Site preparation, when included on the bid form, will be measured on a
lump sum basis and shall include all site preparation, removal of obstructions
and related work as delineated on the plans and as specified in these
specifications. Payment at the contract lump sum price shall be full
' compensation for all site preparation, removal and disposal of structures,
pavements and other obstructions.
The removal and disposal of specific items, when included on the bid form,
will be measured by the linear foot, square yard or each.
No separate payment will be made for removing and replacing storm drainage
facilities, culverts, fences, utility lines and related facilities unless
specified in other sections of these specifications.
Payment will be made under:
3 SITE PREPARATION
Pay Item
Site Preparation
Removal and Disposal
of ()
Pay Unit
Lump Sum
Square Yard,
Linear Foot,
Each
END OF SECTION 201, SITE PREPARATION
4 SITE PREPARATION
SECTION 202, CLEARING AND GRUBBING
202.01 DESCRIPTION:
This work shall consist of clearing, grubbing, removing and disposing of
all vegetation and debris which are within designated limits except such objects
as are designated to remain or are to be removed in accordance with other
sections of these specifications. This work shall also include the preservation
from injury or defacement of all vegetation and objects designated to remain.
202.02 GENERAL:
Clearing and grubbing and related work shall be accomplished in the areas
shown on the plans or established by the Engineer.
A. CLEARING:
The cutting and removal of all trees, brush and other
objectionable growth and the removal and disposal of logs, rubbish
piles, refuse dumps, and other objectionable matter.
B. GRUBBING:
The grubbing and removal of all stumps, roots and other
objectionable matter, lying wholly or in part below the surface of
the ground.
C. SCALPING:
Areas not classified as clearing and grubbing and which are
within construction limits shall be scalped, if appropriate.
Scalping shall include the removal and disposal of material such as
saplings, logs, brush roots, grass, refuse dumps and decayed matter.
D. CLEARING AND GRUBBING TREES:
The cutting, grubbing and removal of individual, isolated
trees and stumps as shown on the plans or designated by the Engineer
to be removed.
202.03 CONSTRUCTION REQUIREMENTS:
Designated areas shall be cleared as defined above, except those objects
designated to remain shall be carefully protected during construction operations.
Trees shall be felled and removed in such a manner as to avoid injury to other
trees or other objects designated to remain. In case of injury to bark, limbs
or roots of vegetation designated to remain, the Contractor shall repair such
damage by corrective pruning, or other appropriate methods.
Except in areas to be excavated, stump holes from which obstructions are
removed, shall be backfilled with suitable material and compacted as specified
in other sections of these specifications.
1
A. CLEARING AND GRUBBING:
All surface objects and all trees, stumps, roots and other
protruding obstructions, not designated to remain, shall be cleared
and/or grubbed, including mowing, as required, except undisturbed
stumps and roots and nonperishable solid objects which will be a
minimum of 3 feet below subgrade or slope of embankments. When
authorized, the Contractor may leave stumps and nonperishable solid
objects provided they do not extend more than 3 inches above the
ground line.
Low hanging branches and unsound or unsightly branches on
trees or shrubs designated to remain shall be removed as directed.
Branches of trees extending over the roadbed shall be trimmed to
give clear height of 20 feet above the roadbed surface. All
trimming shall be done by skilled workmen and in accordance with
good tree surgery practices.
All cleared and grubbed material shall be disposed of by the
Contractor as specified in other sections of these specifications.
Unless otherwise provided, all merchantable timber removed as
previously specified shall become the property of the Contractor.
B. SCALPING:
The Contractor shall scalp areas where excavation or
embankment is to be constructed. Material resulting from the
scalping operations shall be disposed of as specified for clearing
and grubbing.
202.04 MEASUREMENT AND PAYMENT:
When included on the bid form as a pay item, measurement will be by one
or more of the following methods:
A. AREA BASIS:
The work to be paid for will be the number of acres and
fractions thereof acceptably cleared and/or grubbed within the
limits shown on the plans or delineated for clearing and grubbing
by the Engineer.
B. LUMP SUM BASIS:
When the bid schedule contains a clearing and grubbing lump
sum item, no measurement of area will be made.
C. LINEAR BASIS:
When a linear unit quantity
length will be measured along
stations.
2
is shown on the bid schedule, the
the construction centerline in
CLEARING AND GRUBBING
I
D. INDIVIDUAL UNIT BASIS:
Individual trees or stumps greater than eight (8) inches in
' diameter, measured at a height of forty (40) inches above the
ground, will be measured by the number of each removed.
The accepted quantities of clearing and grubbing will be paid
for at the contract unit or lump sum prices.
When the bid form does not contain an item for clearing and
' grubbing, the work will not be paid for directly, but will be
considered incidental to other contract items.
Scalping will not be paid for directly but will be considered
incidental to other contract items.
Clearing and grubbing for borrow sites and material sources
outside the limits of work will not be paid for directly but
compensation will be considered included in the items being
excavated.
Payment will be made under:
Ii
Pay Item
Clearing
Clearing and Grubbing
Clear and Grubb Tree
or Stump (Size)
Pay Unit
Acre, Station, Lump Sum
Acre, Station, Lump Sum
Each
END OF SECTION 202, CLEARING AND GRUBBING
" •Q1-01 3 CLEARING AND GRUBBING
I
SECTION 203, EXCAVATION AND EMBANKMENT I
203.01 DESCRIPTION:
This work shall consist of excavation, construction of embankment, grading,
compaction, hauling, disposal and topsoiling which is within the limits of the
work necessary for the construction of the improvements in accordance with the
specifications and in reasonably close conformity with the lines, grades,
thicknesses and typical cross sections shown on the plans or established by the
Engine=r.
203.02 APPLICABLE SPECIFICATIONS:
Subgrade preparation or modification shall be as specified in other
sections of these specifications.
203.03 CLASSIFICATION:
All material excavated shall be defined as "Unclassified Excavation"
unless, in the proposal form, prices are asked and bids are taken for "Rock
Excavation" and "Common Excavation".
"Unclassified Excavation" shall include all excavation performed under '
this item regardless of the material encountered.
"Rock Excavation" when provided in the proposal, shall include all solid
rock and ledges, imbedded deposits in unstratified masses and conglomerate
deposits which are so firmly cemented they present all the characteristics of
solid rock, and which cannot be removed without the use of rippers or impact
hammers.
"Common Excavation", when provided in the proposal, shall consist of all
excavation not included in "Rock Excavation".
"Undercut Excavation" shall consist of the removal and disposal of deposits
of saturated or unsaturated mixtures of soils and organic matter, or other soils,
not suitable for foundation material and which is located at a lower elevation
than the subgrade.
"Select Material" shall consist of excavation made from borrow areas
outside the limits of the project. It shall be the Contractor's responsibility
to locate and obtain the select material subject to the approval of the Engineer.
Select material shall be granular, maximum particle size of 3 inches, graded from
coarse to fine, conforming to AASHTO classification A-1, A-2-4 or A-2-5, or a
sandy or gravely clay conforming to classification A-2-6 or A-6 with the
exception that the plasticity index shall not exceed 15. The Contractor shall
furnish, at his expense, test data to indicate compliance of select material with
this specification.
"Topsoil" shall be the surface layer of soil with no admixture or refuse '
or any material toxic to plant growth, and it shall be reasonably free from
subsoil and stumps, roots, brush, stones more than 2" in diameter, clay lumps '
or similar objects. This surface layer of soil shall contain humus and organic
,-01 1
matter and any grass roots and native seeds that may have accumulated in the
surface layer.
203.04 CONSTRUCTION REQUIREMENTS:
A. GENERAL:
The grading work shall consist of all excavation, embankment,
dressing, shaping and finishing necessary for the construction,
compaction and completion of all subgrades and other earthwork
indicated on the plans, strictly to the required alignment, grade
and typical cross section as shown on the plans or as directed by
the Engineer.
Excavation shall not be made below grade except where rock is
encountered or removal of unstable material is directed by the
Engineer. Should the Contractor, through negligence or other fault,
excavate below the designated lines, he shall replace the excavation
with approved materials, in an approved manner and condition at his
own expense. The Engineer shall have complete control over the
excavation, moving, placing and disposition of all material, and
shall determine the suitability of material to be placed in
embankments.
The Contractor shall inform and satisfy himself as to the
character, quantity and distribution of -all material to be
excavated.
Excavation work shall be performed to provide drainage at all
times. When directed, temporary drains and drainage ditches shall
be installed to intercept or divert surface water which may affect
the work. Operations on earthwork shall be suspended at any time
when satisfactory results cannot be obtained because of rain,
freezing weather, or other unsatisfactory conditions.
Material determined by the Engineer to be unsatisfactory for
subgrade construction shall be classified as undercut excavation
and shall be removed as directed by the Engineer.• Undercut areas
shall be backfilled with select material from off -site borrow areas
unless otherwise directed by the Engineer. All unsuitable material
removed from undercut areas shall be disposed of off -site by the
Contractor.
All rock or other unyielding material that cannot be shaped
to conform to the subgrade elevations shall be excavated to a
minimum depth of 6" below the finished subgrade elevation. The
excavation shall be filled to grade with approved material.
Blasting will not be permitted.
All suitable excavated material shall be used in the formation
of embankments and backfills unless otherwise specified. The
excavated material shall be placed in the areas of the embankment
as directed by the Engineer. Muck, peat, matted roots, or other
unsatisfactory material for a subgrade foundation shall be removed
2 EXCAVATION AND EMBANKMENT
I
to the depth directed by the Engineer. All material determined I
unsuitable shall be disposed of off -site by the Contractor.
Construction of embankments or backfilling shall not be
started until the area has been inspected and approved by the
Engineer. Fill areas shall be cleared and grubbed so as to remove
all vegetation and objectionable material. Also, all topsoil shall
11 be removed prior to the commencement of filling. All depressions
or holes beneath the ground surface, whether caused by grubbing or
other reasons, shall be backfilled with suitable material and
compacted before the construction of the subgrade is commenced.
Areas to be filled shall be scarified to a depth of 6" prior to
placement of fill. Fill shall be constructed to the specified grade
in uniform layers parallel to the finished surface and not more than
8" in thickness, loose measurement. The material in the layers
shall be of the proper moisture content before compacting. Wetting
or drying of the material and manipulation when necessary to secure ,
a uniform moisture content throughout the layer shall be required.
Backfilling of trenches for storm drainage facilities, water
line improvements and utility relocations shall be accomplished as
specified in other sections of these specifications. Backfill shall
be compacted to the specified density.
B. SOIL COMPACTION:
In the preparation of subgrades and compaction of earthwork,
the material shall be compacted to provide a stable, uniform
surface. The subgrade shall be compacted to the required density
and stability and shall show no evidence of displacement or rutting.
Proof rolling shall be provided to evaluate the stability of the
• subgrade and shall be as directed by the Engineer.
Where modification of the subgrade is specified, stabilization
and compaction requirements shall be as specified in other sections
of these specifications.
Soils shall be compacted to the following standards. The ,
maximum dry density shall be based on the Standard Test, AASHTO T-
99.
(1) All soils in the upper 6" of the subgrade beneath pavements
or driveways shall be compacted to 100% density.
(2) All other soils shall be compacted to 95% density. '
fl(3) Trench densities shall be as specified for that type trench • excavation. When no density is specified, the densities '
specified in 1 and 2 above shall apply.
The moisture content of the material being compacted shall be
within a range of two percent below optimum to a maximum of two
percent above. The Contractor shall adjust the moisture content of
...r-°1-01
3 EXCAVATION AND EMBANKMENT
1
the material to maintain the range specified by the addition of
water or by aeration.
All testing shall be done by a testing laboratory -approved by
the Engineer. The cost of the testing will be paid for by the Owner
with the following exception. The Contractor shall pay the cost of
testing any materials proposed by him for substitution of previously
approved materials, unless in the opinion of the Engineer, the
substitution will be of particular benefit to the Owner.
Not less than one field density determination shall be made
for each 750 square yards of area in each lift of embankment and on
the finished subgrade. Trench backfill density determinations shall
include a minimum of one determination for each 250 feet of
completed trench.
The field density determination shall be made in accordance
with AASHTO T-238-76 Density of Soil and Soil Aggregate in Place by
Nuclear Methods.
C.
D.
SUBGRADES:
The completed subgrade surface shall be true to the lines,
grades and cross sections shown on the plans or as directed by the
Engineer. Any irregularities or depressions that develop shall be
corrected by loosening the material until the surface is smooth,
uniform and compact. Should the subgrade be rutted prior to the
next phase of construction over the subgrade, it shall be reshaped
and compacted without additional compensation to the Contractor.
Shaping and compacting of subgrades prior to construction of
pavements shall be as specified in other sections of these
specifications.
TOPSOIL:
Topsoil stripped from within the project limits shall be
stockpiled at an off -site location provided by the Contract unless
on -site stockpile areas are designated on the plans. The topsoil
shall be stockpiled in such a manner that other materials will not
become intermixed and interfere with reuse of the topsoil. Topsoil
shall be stripped from the designated areas and shall be stripped
to a minimum depth of 6" unless otherwise indicated on the plans.
When suitable topsoil is not available on the site, the
Contractor shall locate and obtain a supply subject to the approval
of the Engineer. The Contractor shall notify the Engineer
sufficiently in advance of operations in order that necessary
measurements and tests can be made.
Immediately prior to dumping and spreading the topsoil on any
area, the surface shall be loosened by discs or by other means
approved by the Engineer, to a minimum depth of 2" to facilitate
bonding of the topsoil to the covered subgrade soil. The surface
4 EXCAVATION AND EMBANKMENT
of the area to be topsoiled shall be cleared of all stones larger
than 2" in diameter and all -litter.
The topsoil shall be evenly spread on the prepared areas to
a uniform depth of 4" after compaction. Spreadingshall not be done
when the ground or topsoil is frozen, excessively wet, or 'otherwise
in a condition detrimental to the work. Spreading shall be carried
on so that seeding operations can proceed with a minimum of soil
preparation or tilling. After spreading is completed, the topsoil
shall be smooth -graded and the surface left at the prescribed grades
in an even properly compacted condition. The finished grades shall
prevent the formation of low places or pockets where water will
stand. Light rolling with placing or spreading equipment,- and
wetting if needed, will be required to consolidate the topsoil to
the finished grades.
E. BACKFILLING CURBS AND WALKS:
After the completion of the walks, curbs and driveways, the
Contractor shall backfill adjacent areas to the grade shown on the
plans. This backfill shall be placed so as not to damage the walks,
curbs and driveways and shall be compacted.
F. TOLERANCES:
Grading shall be accomplished to the tolerances listed below
for the various areas and classes of work as shown. The tolerances
listed are maximum variations which will be acceptable for each
class of work without exception.
(1) The subgrade beneath structures shall be formed and compacted
to within 0.05 feet of the finished subgrade as established
by grade hubs or stakes.
(2) The subgrade for streets, drives and sidewalks shall be formed
and compacted within 0.05 feet of the finished subgrade as
established by grade hubs or stakes.
(3) All areas outside of those mentioned in the previous
paragraphs and which are not to receive any type of a finished
structure or pavement shall be rough graded to within 0.10
feet of the finished grade after the necessary allowances have
been made for the thickness of topsoil. This tolerance shall
be reduced as necessary to provide drainage at all points and
to prevent the formation of water pockets in the finished
grading.
Any deviation in excess of the amounts shown above shall be
corrected by loosening, adding or removing materials, reshaping and
recompacting by sprinkling and rolling.
5 EXCAVATION AND EMBANKMENT
203.05 MEASUREMENT AND PAYMENT:
The measurement and payment of the work included in this section of the
specifications shall be at the unit prices listed in the proposal for the various
classes of work. Payment at the unit prices listed in the proposal for each of
these items shall be considered full compensation for all the equipment, tools,
material, labor, supplies and incidentals necessary for completion of the
specified work item.
All earthwork including excavation, construction of embankments, undercut
excavation and backfill, and subgrade preparation shall be paid for at the unit
or lump sum price as listed in the proposal for "Grading", unless other classes
of work are listed. Where payment is to be made on a unit price basis, grading
will be measured by the square yard or station. Unless otherwise delineated on
the plans, the area to be measured shall be the finished subgrade.
Classes of earthwork listed in the proposal will be measured by the cubic
yard and, unless otherwise specified, will be measured in its original position
based on cross sections and calculated by the average end area method.
Rock excavation will be measured and paid for when provided for in the
Proposal. Rock excavation will be measured by volume computed by the average
end area method. Payment will be made at the contract unit price per cubic yard
and shall be considered full compensation for removal and disposal of rock.
Undercut excavation, when authorized by the Engineer, will be measured by
the cubic yard in its original position calculated by the method of average end
areas. Undercut excavation including removal, drying, mixing or conditioning
and replacement will be paid for at the contract unit price for "Undercut
Excavation". Undercut excavation and backfill with select material will be paid
for at the contract unit price for "Undercut Excavation and Backfill (Select
Material)". Payment of the contract unit price shall be considered full
compensation for excavation, removal and disposal of material, backfilling,
select material, grading and compaction. No separate payment will be made for
materials or placement of materials used to backfill undercut areas. Undercut
excavation payment will not be made for removal, excavation and backfill of areas
in which trees and stumps are cleared and grubbed.
No separate payment will be made for borrow excavation or placement of
borrow material.
Topsoiling will be measured and paid for at the unit price per cubic yard
or per square yard stated in the proposal for "Topsoil". Payment at the contract
unit price shall be considered full compensation for excavating, hauling,
preparation and placing of topsoil. Measurement of topsoil by the cubic yard
will be based on the compacted, in -place volume calculated from the area and
thickness shown on the plans. The contract price per square yard shall be for
the compacted thickness shown on the plans or stated in the proposal. No
separate payment will be made for salvaging and stockpiling topsoil; payment for
this work shall be considered incidental to other work included in these
specifications. No separate payment will be made for topsoil obtained from
sources outside the project limits.
6 EXCAVATION AND EMBANKMENT
i 1
No separate payment will be made for removal, stockpiling and replacement 1
of existing pavement materials unless otherwise specified in other sections of
these specifications.
i 1
I 1
1 i
1 1
I 1
I i
1 I 1
1 1
1 1
1 '
1
I 1
1
i 1
1 1
END OF SECTION 203, EXCAVATION AND EMBANKMENT 1
7 EXCAVATION AND EMBANKMENT 1
lu
INSECTION 210, SUBGRADE PREPARATION
P1210.01 DESCRIPTION:
This work shall consist of shaping and compacting the subgrade prior to
114 placing a base, surface course, or other improvements thereon.
210.02 CONSTRUCTION REQUIREMENTS:
IIThis work shall be done after any unstable sections of the subgrade have
been repaired and after any existing base or surface courses required to be
removed have been removed.
The Contractor shall compact and shape the subgrade as may be necessary
to produce, at the time the base or surface course is placed, the required
density and stability in the top 6 inches of the subgrade and the required grade
and cross section. The Contractor will be required to scarify, dry the material,
or apply water as may be necessary to obtain the required density and stability.
Required density shall be as specified in other sections of these specifications.
The subgrade stability shall be such that when any material for base or
surface courses is deposited, no rutting or displacement of the subgrade will
occur.
210.03 MEASUREMENT AND PAYMENT:
Subgrade preparation will be measured by the square yard or by the station
based on the areas shown on the plans.
Payment for subgrade preparation, when listed in the bid form, shall be
full compensation for scarification, drying or wetting soil, compaction and
shaping subgrade and related work. When subgrade preparation is not listed as
a separate pay item, it shall be considered incidental to work specified in
Section 203.
Payment for correction of unstable conditions below the top 6 inches will
be as specified in other sections of these specifications.
END OF SECTION 210, SUBGRADE PREPARATION
1
I
SECTION 290. SITE RESTORATION
290.01 SCOPE -OF WORK:
This work shall consist of restoration of the site within the limits of
the right-of-way including replacement of sign and miscellaneous items, cleanup,
seeding, sodding, and related work.
290.02 APPLICABLE SPECIFICATIONS:
Site clearance and removal and disposal of obstructions are specified in
other sections of these specifications. '
290.03 MISCELLANEOUS RELOCATIONS:
Miscellaneous items including signs, etc. shall be replaced at the location ,
and in the manner shown on the plans and as directed by the Engineer. Items not
designated for relocation shall be disposed of as specified in Section 201 of
these specifications. All items damaged during removal, storage or replacement
shall be replaced by the Contractor at the Contractor's expense.
Replacement of traffic and street signs shall be coordinated with the City
of Fayetteville Street Department.
290.04 SEEDING AND FERTILIZING:
A. MATERIALS:
(1) Lime: Lime shall be agricultural grade ground limestone or I
approved equivalent.
(2) Fertilizer: Fertilizer shall be a commercial grade, 10-20-
10,
uniform in composition, free flowing and suitable for
application with mechanical equipment delivered to the site
in labeled containers, conforming to current Arkansas
fertilizer laws and bearing the name, trademark and warranty
of the producer.
(3) Seed: The seed shall be labeled in accordance with current
rules and regulations of the Arkansas State Plant Board and
shall have a minimum of 98% pure seed and 85% germination by
weight and shall contain no more than 1% weed seeds. A
combined total of 50 noxious weed seeds shall be the maximum
amount allowed per pound of seed with the following
exceptions: Johnson grass seed, wild onion seed, wild garlic
seed, field bindweed seed or nut grass seed will not be
allowed in any amount whatsoever. Seed shall be furnished in
sealed, standard containers. Seed which have become wet,
mouldy or otherwise damaged in transit or in storage will not
be acceptable.
Seed shall be composed of the following varieties and
weight per acre:
Bermuda - Common - Hulled - 10 lb./acre
Spring & Summer & Fall
Bermuda - Common - Unhulled - 10 lb./acre
Fall
Red Fescue
- Spring,
Summer & Fall
20
lb./acre
Annual Rye
- Spring &
Fall
30
lb./acre
(4) Mulch: Mulch cover shall consist of straw from threshed rice,
oats, wheat, barley or rye; of wood excelsior; or from hay
obtained from various legumes or grasses, such as lespedeza,
clover, vetch, soybeans, bermuda, carpet sedge, bahia, fescue
or other legumes or grasses, or a combination thereof. Mulch
shall be dry and reasonably free from Johnson grass or other
noxious weeds and shall not be excessively brittle or in an
advanced state of decomposition. All material will be
inspected and approved prior to use.
(5)
Water: Water
shall be
of irrigation
quality and free of
impurities that
would be
detrimental to
plant growth.
0
C
SEED BED PREPARATION:
Areas to be seeded shall be dressed to the shape and section
shown on the plans. All excess dirt, construction materials, trees,
rubbish, debris, roots and stumps shall be removed and disposed of
off -site. The Contractor shall obtain soil samples, to a depth of
five inches, from each major soil area, and have a lime requirement
analysis conducted.
Lime at the rate determined by the lime requirement test shall
be uniformly spread on areas to be seeded. The seed bed shall then
be thoroughly pulverized by means of disk harrows or other approved
methods, thoroughly mixing lime and soil to a depth of four inches.
Objectionable foreign matter turned up shall be removed. Water
shall be applied in order to maintain the desired moisture content
in the soil. Disk harrowing shall be followed by use of a spiked -
tooth harrow to provide a finer surface texture.
FERTILIZING:
Fertilizer shall be applied at a rate of 800 pounds per acre.
Fertilizer shall be uniformly incorporated into the soil to a depth
of at least two inches. It may be worked into the soil alone or in
conjunction with the required lime. The fertilizer may be drilled
into the soil or combined with the seed in the hydroseeding
operation.
D. SEEDING:
Seed shall be placed either by drilling or by hydroseeding.
When the seed is drilled, it shall be in rows parallel to the toe
2
SITE RESTORATION
I
of the slope. Drills shall not be more than six inches apart.
Fertilizer and seed shall not be drilled together and shall not be
mixed.
If a hydroseeder is used, fertilizer and seed may be
incorporated into one operation, but a maximum of 800 pounds of
fertilizer shall be permitted per each 1500 gallons of water. The
area shall be lightly firmed with a cultipacker immediately prior
to hydroseeding.
E. MULCHING:
Mulch cover shall be applied at the rate of 4000 pounds' per
acre immediately after seeding and shall be spread uniformly over
the entire area by approved poser mulching equipment. If the
Contractor so elects, an approved mulching machine may be used
whereby the application of mulch cover and asphalt may be combined
into one operation. If this method is used, no change in
application rates will be allowed.
F. WATER:
After application of the mulch cover, water shall be applied
in sufficient quantity to thoroughly moisten the soil to a depth of
pulverization and then, as necessary, to germinate the seed and
maintain growth at the direction of the Engineer for a period of at
' least 3 weeks. The time required for application of water will not
be included in the computations of contract time for completion of
the project provided all other work under the contract has been
completed.
G. RESEEDING•
After germination has occurred, any area which does not have
a stand of grass shall be refertilized and reseeded and watered in
accordance with the above paragraphs. Any portion of the seeded
area which becomes gullied or otherwise damaged shall be repaired
and a stand of grass obtained.
290.05 SOLID SODDING:
Sod shall consist of live grass and shall be Bermuda unless other types
of grass are specified.
The sod shall be free from obnoxious weeds or other grasses and shall not
contain any matter deleterious to its growth or which might affect its
subsistence or hardiness when transplanted.
At locations designated on the plans, or where directed by the Engineer,
sod blocks shall be carefully placed on the prepared areas. Sod shall be so
placed that the entire designated areas shall be covered. Any voids left in
the block sodding shall be filled with additional sod and tamped. The entire
sodded area shall be rolled and tamped to form a solid mass.
3 SITE RESTORATION
Sod placed on slopes steeper than 3 horizontal to one vertical shall be
pegged with wooden pegs or other approved devices driven through the sod into
firm earth.
Sodded areas shall be thoroughly
watered immediately
after they
are planted
and shall be
subsequently watered
as required until
completion
and final
acceptance of
the project.
290.06 CLEANUP:
Prior to final acceptance and payment, the Contractor shall remove all
machinery, equipment, surplus materials, rubbish, etc., from the project.
Pavement, driveways and sidewalks and storm drainage facilities shall be cleaned
and all soils and other debris removed.
290.07 MEASUREMENT AND PAYMENT:
No separate payment will be made for site restoration, relocation of
miscellaneous items and other work specified in this section. Compensation for
relocation of miscellaneous items and cleanup shall be considered incidental to
other work specified in these specifications.
Seeding, fertilizing and mulching, when listed on the bid form, will be
measured and paid for on a unit price basis. Seeding, fertilizing and mulching
will be measured by the square yard, acre or station as listed in the bid form.
Payment at the contract unit price shall be full compensation for furnishing and
applying seed, fertilizer, lime, mulch and water, for seed bed preparation and
for maintaining seeded areas.
Solid sodding will be measured by the square yard of sodded area. Payment
at the contract unit price shall be full compensation for furnishing and placing
sod, preparation of areas to receive sod, water and for maintenance of sodded
areas.
END OF SECTION 290, SITE RESTORATION
4 SITE RESTORATION
SECTION 305 CRUSHED STONE BASE COURSE
305.01 DESCRIPTION:
This work shall consist of furnishing and placing a crushed aggregate base
course in accordance with the details and typical sections shown on the plans.
305.02 APPLICABLE SPECIFICATIONS:
All materials
and
construction
methods shall be in accordance with these
specifications and
with
the standards
referenced herein.
Reference to "ASHC Standard Specifications" shall indicate the Arkansas
State Highway Commission Standard Specifications for Highway Construction,
Edition of 1978.
305.03 MATERIALS:
Crushed stone base course shall conform to ASHC Standard Specification
Section 306, Class SB-2.
The Contractor shall furnish certification from the material supplier of
material manufacture, analysis or other information when specified or requested
by the Engineer.
Copies of material tickets shall be furnished the Engineer at the point
of delivery to the project site.
305.04 CONSTRUCTION METHODS:
The base course shall be placed on a completed and approved subgrade or
approved subbase course. Base material shall not be placed on a frozen subgrade
or subbase.
Placement of base course material shall be terminated if rutting or
yielding of the subgrade occurs due to hauling, spreading or any other reason.
Correction of rutted or yielded areas shall be as specified in other sections
or as directed by the Engineer.
The maximum compacted thickness of any one layer shall be eight inches.
Spreading of base material shall be accomplished in a manner which will
prevent segregation. The base material shall be compacted in such a manner that
a uniform texture is produced and the aggregates firmly keyed. Water shall be
applied over the base material during compaction as required for consolidation.
Base course material shall be compacted to not less than 95 percent of
the maximum density determined in accordance with AASHTO T 180 Method D. Field
density determinations will be made in accordance with AASHTO T 238. A minimum
of one density test will be made for each 750 square yards of finished base
course unless otherwise directed by the Engineer. The Contractor will obtain
and pay for all testing of the crushed stone base course.
-01 1
The compacted thickness of the base course shall be within 1/2 inch, plus
or minus, of the specified thickness. The compacted base course will be tested
for depth. The Contractor shall correct all deficiencies by scarifying, removing
or placing additional material, mixing, reshaping and recompacting to the
specified density.
305.05 MEASUREMENT AND PAYMENT:
Crushed stone base course will be measured by the cubic yard or by the
ton. The volume will be based on the in -place compacted volume computed from
the actual area of the base course and the specified plan thickness. Where
measurement is by the ton, the Contractor shall furnish a legible copy of a
weigh certificate showing the gross, tare and net weight of each truck load.
Payment at the contract unit price per cubic yard or ton, as shown on the
bid form, shall constitute full compensation for furnishing and placing crushed
stone base course including compaction, water and related work.
Payment will be made under:
Pay Item Pay Unit
Crushed Stone Base Course Cubic Yard or Ton
END OF SECTION 305, CRUSHED STONE BASE COURSE
2 CRUSHED STONE BASE COURSE
Iv '
SECTION 320, PRIME AND TACK COAT
320.01 DESCRIPTION:
This item shall consist of a single application of bituminous material,
applied on the completed and approved base course, on the subgrade, or on the
existing pavement or bituminous surfacing as indicated on the plans, all in
accordance with these specifications.
320.02 MATERIALS:
All materials shall conform with current Arkansas Highway Department '
specifications for medium and rapid curing cut back asphalts and for emulsified
asphalt. In general, a medium curing cut back asphalt will be used for prime
coat and a rapid curing cut back or emulsified asphalt will be used for tack
coat. The Engineer will select the particular grade of the type of bituminous ,
material designated that will be used.
320.03 CONSTRUCTION REQUIREMENTS:
The methods employed in performing the work, and all equipment, tools and
machinery used in handling materials and executing any part of the work shall
be subject to the approval of the Engineer before the work is started, and ,
whenever found unsatisfactory, shall be changed and improved as required by the
Engineer. All equipment, tools and machinery used must be maintained in a
satisfactory working condition.
A. SWEEPING AND CLEANING:
Immediately preceding the prime or tack coat application, the
surface to be treated shall be swept free of dust, dirt and loose
or foreign material, cleaning but not loosening or dislodging the
top embedded aggregate. Layers or pockets of dirt or other
materials which do not form an integral part of the surface to be
treated shall be removed. Such sweeping operations shall be
performed by mechanical methods.
If deemed necessary by the Engineer, the surface shall be
sprinkled with water and given an additional sweeping with hand
brooms, it being the intent of these specifications that the surface
to be treated be as free as practicable of dirt, or pockets or other
loose materials. The sweeping and cleaning operations shall be
carried only far enough in advance of the application of bituminous
material to insure the surface being properly prepared at the time
of application. When the existing surface is an old concrete
pavement, all joint and crack filler shall be removed from the
surface as directed by the Engineer.
B. APPLICATION OF PRIME COAT:
After the surface to be treated has been prepared in accordance
with the specifications outlined above, the bituminous material for
the prime coat shall be sprayed uniformly over the surface by means
_ -.--01 1 '
of an approved mechanical
pressure
distributor
at
the
rate of
application indicated on the
plans or
as directed
by
the
Engineer.
Following the application of the prime coat the road will be
closed to traffic, if practicable, for a period of time sufficient
to allow the proper curing of the bituminous material. No material
for a succeeding course shall be .placed on a primed base course
until the prime coat has cured sufficiently to prevent damage by
hauling operations. When shown on the plans or directed by the
Engineer, the prime coat shall be applied in half widths in order
to allow free passage of public traffic at all times.
Prime coat shall not be applied when the air temperature is
below 50 degrees F nor shall it be applied to a surface having
excess moisture, nor when general weather conditions, in the opinion
of the Engineer, are not suitable. Special precautions shall be
observed to insure a uniform distribution of the bituminous
material. The distributor shall be so adjusted and operated at all
times as to distribute evenly the class of material being applied.
Deposits of bituminous material upon the road surface in excess of
the quantity specified, caused by stopping or starting the
distributor, by overflow, leakage or otherwise, will not be
permitted.
The distributor shall be required to maintain an operating
pressure of not less than thirty (30) nor more than seventy (70)
pounds per square inch.
The Contractor shall provide all necessary facilities for
determining the temperature of the bituminous material in all the
heating equipment and in the distributor, for determining the rate
of application, and for securing uniformity of distribution at the
junction of two distributor loads.
If the primed surface shall become damaged from any cause
whatsoever prior to the application of the wearing course, such
areas shall be cleaned thoroughly and retreated at the expense of
the Contractor.
The surfaces of the structures shall be protected by some
satisfactory method to prevent their being disfigured by the
application of bituminous material used in the prime coat
application. This shall include culverts, bridges, hand rail, guard
fence, curbing and similar items.
C. APPLICATION OF TACK COAT:
When a bituminous surface course is to be laid on an old
concrete or asphalt surface, a tack coat shall be applied prior to
placing the wearing surface. The tack coat shall be applied by
means of a pressure distributor in the same manner as outlined above
for the application of the prime coat. When emulsified asphalt is
used, it shall be diluted with water in order to insure complete
coverage and adhesion to the pavement surface. The rate of
2
PRIME AND TACK COAT
I
application shall be from 0.03 gallons per square yard to 0.10
gallons per square yard as designated by the Engineer. The tack
coat shall be applied sufficiently in advance of the wearing surface
to allow the proper curing of the bituminous material but shall not
be applied so far in advance as to lose its adhesiveness as a result
of being covered with dust or foreign material. If the tack coat
becomes damaged or covered with foreign material prior to placing ,
the wearing surface, such areas shall be cleaned as necessary and
retreated at the expense of the Contractor.
320.04 MEASUREMENT AND PAYMENT:
Bituminous material actually placed at the direction of the Engineer will
be measured by the gallon and the number of gallons will be determined by outage
measurements of the distributor as delivered on the road, based on a volume
constant of 60 degrees F for cut back asphalt and 70 degrees F for emulsified
asphalt. Deduction shall be made for the number of gallons not actually used
in the performance of the work. Any quantity of water added to dilute emulsified
asphalt will not be included in the pay quantity.
Work completed and accepted under this section will be paid for by the
gallon and will be compensated for at the contract unit price. Payment will be
full compensation for all labor, equipment and material used under this section.
Payment will be made under:
Pay Item Pay Unit
Prime Coat Gallon
Tack Coat Gallon
ii
Si.
- END OF SECTION 320, PRIME AND TACK COAT
----------------
3 PRIME AND TACK COAT
L!
14
it
it
It
SECTION 330, ASPHALT CONCRETE PAVEMENT
330.01 SCOPE OF WORK:
This work shall consist of the construction of asphalt concrete pavement.
This work shall include binder and surface courses, surface preparation and
incidental work required for the completed pavement.
330.02 APPLICABLE SPECIFICATIONS:
All materials and construction methods shall be in accordance with these
specifications and with the standards referenced herein.
Reference to "ASHC Standard Specifications" shall indicate the Arkansas
State Highway Commission Standard Specifications for Highway Construction,
Edition of 1978.
330.03 MATERIALS:
All materials used shall be in accordance with the following
specifications. Materials used shall conform to the specified requirements at
the time of incorporation in the work. The Engineer will have the option to
inspect and test materials at the source or upon delivery to the site.
The Contractor shall notify the Engineer at least 10 calendar days in
advance of its intention to use materials for which tests are specified to allow
time to perform the tests. The Contractor shall assist the Engineer, when
requested, in obtaining samples and in performing inspection of materials.
The Engineer shall
have full
access for plant
inspection during
preparation, manufacture or
delivery of
materials.
The Contractor shall furnish certifications of material manufacture,
analysis or other information when specified or requested by the Engineer.
A. ASPHALT CONCRETE SURFACE COURSE:
Asphalt concrete hot mix surface course shall be Type 3
conforming to ASHC Standard Specification Section 408. Type 2 hot
mix shall be used when specifically authorized and directed by the
Engineer. Mineral aggregates, asphalt cement and other materials
and requirements for mixing shall conform to the sections of the
ASHC Standard Specification as referenced in Section 408.
The Contractor shall submit a job -mix formula for approval by
the Engineer.
B. ASPHALT CONCRETE BINDER COURSE:
Asphalt concrete hot mix binder course shall be Type 2
conforming to ASHC Standard Specification Section 405. Aggregates,
asphalt cement and other materials and requirements for mixing shall
conform to the specifications referenced in Section 408.
1
The Contractor shall submit a job -mix formula for approval by
the Engineer.
C.
D
SAND -ASPHALT SURFACE COURSE:
sand -asphalt hot mix surface course shall conform to ASHC
Standard Specification Section 407. Materials and mixing
requirements shall conform to the specifications referenced in
Section 407.
The Contractor shall submit a job -mix formula for approval by
the Engineer.
ASPHALT CONCRETE HOT MIX SEAL COURSE:
Hot mix seal surface course shall conform to .ASHC Standard
Specification. The job mix formula shall contain the following
composition:
Gradation of Aggregates
3/4"
1/2"
3/8"
#4
#10
#40
#80
#200
Total % Retained
0
0-5
0-14
40-52
67-75
80-88
85-95
92-96
The mix shall have a 5.7% bitumen content of Grade 30 A.C.
and shall be subject to the approval of the Engineer.
330.04 CONSTRUCTION METHODS:
A. PREPARATION OF BASE OR EXISTING SURFACE:
All surfaces which are to receive asphalt pavement courses
shall be prepared and approved as specified in other sections of
these specifications. All patching, joint sealing and repair of
existing pavements which are to receive overlays shall be completed
prior to placement of asphalt courses. Prior to application of tack
coat, existing pavement surfaces shall be cleaned and shall be free
of dust, water and all foreign material.
Surfaces shall be approved by the Engineer before tack or
prime coat application is started. Tack or prime coat shall be as
specified in Section 320 of these specifications.
B. PAVEMENT CONSTRUCTION:
(1) Delivery and Placement: Methods employed in the preparation,
transportation, spreading, compaction and finishing of the
asphalt shall conform to Section 410 of the ASHC Standard
2 ASPHALT CONCRETE PAVEMENT
ii
N
Specifications except as noted otherwise in other sections of
this specification. Sequence and thickness of courses shall
be as shown on the plans.
All asphalt mixtures shall be placed with a paver
equipped with an electronic screed control system except where
specified otherwise.
Rollers shall be steel wheel, pneumatic tire, or a
combination thereof. Type and weight of rollers shall be
sufficient to compact the mixture to the required density.
Placing of the bituminous paving shall be as continuous
as possible. Rollers shall not pass over the unprotected end
of a freshly laid mixture unless authorized by the Engineer.
Transverse joints shall be formed by cutting back on the
previous run to expose the full depth of the course. When
directed by the Engineer, a brush coat of bituminous material
shall be used on contact surfaces of transverse joints just
before additional mixture is placed against the previously
rolled material.
Joint details at transitions from existing to new
pavement or at the interface with different types of pavement
shall be as shown on the plans.
(2) Leveling Course: Leveling courses shall consist of asphalt
concrete surface course, Type 2 or 3 or other mixture as
directed by the Engineer. Leveling courses shall be placed
to the thickness and in the manner shown on the plans. Limits
of leveling courses will be as shown on the plans or as
established in the field by the Engineer.
The Contractor shall have the option of placing and
finishing leveling courses with bituminous pavers or other
approved methods. Hand methods may be employed in areas in
which machine placement and finishing cannot be accomplished.
Isolated depressions in the existing pavement shall be filled
and compacted prior to placement of leveling courses.
(3) Surface and Binder Courses: Asphalt concrete surface and
binder courses shall be placed and finished to the grades and
slopes shown on the plans. Surface courses shall be true to
grade and cross section. The finished surface when checked
with a 10' straight edge placed parallel to the centerline,
shall show no variation more than 1/8". Any areas not within
this tolerance shall be brought to grade by removing the
deficient area to a minimum compacted depth of 1" and
replacing with new material.
(4) Compaction and Density: Asphalt pavement courses shall be
compacted by rolling to provide the specified density. Final
rolling shall be sufficient to eliminate all roller marks.
)l 3 ASPHALT CONCRETE PAVEMENT
LI
Surface, binder and leveling courses shall be compacted
to a minimum density of 92 percent of the theoretical density
determined in accordance with AASHTO T 209.
The field density of the compacted asphalt mixtures
shall be determined by testing of core samples. A minimum of
one density test will be made for each 750 square yards of
finished surface unless otherwise directed by the Engineer.
Core samples will be tested in accordance with AASHTO T 166
Method A. The Contractor will obtain and pay for sampling and
testing of the asphalt concrete hot mix.
Pavement areas which fail to meet the density
requirement shall be removed and replaced at the expense of
the Contractor. The Engineer will determine the extent of
removal and replacement of pavement and corrective work to be
performed. The Engineer may order additional density tests
to delineate failure areas; the cost of these tests shall be
at the expense of'the Contractor.
The Contractor shall fill and compact holes produced by
core sampling with asphalt concrete hot mix.
330.05 MEASUREMENT AND PAYMENT:
Asphalt pavement mixtures will be measured by the ton unless otherwise '
shown on the bid form. The Contractor shall furnish a legible copy of a weigh
certificate showing the gross, tare and net weight of each truck load of asphalt
material. When an automatic batching system is used, the certificate may show
only the net weight of material furnished. Certificates shall be provided to
the Engineer at the point of discharge to the paver.
Asphalt pavement mixtures will be paid for at the contract unit price for 'I
each type of mixture or course. Payment shall be full compensation for
furnishing and placing of all materials, compaction and related work.
Prime and tack coat will be measured and paid for as specified in Section
320 of these specifications.
No separate payment will be made for surface preparation, repairs, joint
sealing and other preparatory work unless specified in other sections of these
specifications.
I.
I
I
END OF SECTION 330, ASPHALT CONCRETE PAVEMENT ,
4 ASPHALT CONCRETE PAVEMENT
SECTION 401, CONCRETE
401.01 SCOPE OF WORK:
The work under this section of the specifications shall consist of
furnishing all equipment., tools, materials, labor and supplies, and of performing
all operation necessary to complete all the concrete work including the
excavation and backfill as shown on the plans as specified below.
401.02 MATERIALS:
The materials and construction methods to be used shall be in accordance
with the following American Society for Testing and Materials specifications or
other indicated standards or requirements and applicable parts of American
Concrete Institute "Building Code Requirements for Reinforced Concrete" ACI 318.
A. WATER:
Water shall be clean and potable.
B. PORTLAND CEMENT:
Portland cement shall be all of the same brand and shall
conform to the requirements of ASTM Standard Specification C 150
for Type I cement. Type III cement shall be used when so specified
or when authorized by the Engineer.
C. AIR ENTRAINED CEMENT:
Air entrained portland cement shall be all of the same brand
and shall conform to the requirements of ASTM Standard Specification
C 175.
D. FLYASH•
Flyash shall be the product of one burning source and shall
conform to ASTM Standard C 618, Class C.
E. FINE AGGREGATE:
Natural sand which is clean, well graded and conforms to the
requirements of ASTM C 33 shall be used for fine aggregate.
F. COARSE AGGREGATE:
Coarse aggregate shall consist of clean, crushed stone or
gravel and shall conform to the requirements of ASTM C 33. The
gradation and maximum size of the aggregate shall be as follows:
ASTM No. 467 (Max. Size = 1 1/2") shall be used where
clearances permit and for a free fall of less than six (6)
feet in depositing concrete, except where reinforcing steel
is close, No. 67 aggregate shall be used. ASTM No. 57
I
aggregate shall be used when directed by the Engineer or with
the approval of the Engineer.
ASTM No. 67 (Max. Size = 3/4") shall be used where the
free fall is six (6) feet or greater for depositing concrete.
G.
ADMIXTURES:
Admixtures shall be used in strict conformance with these
specifications and only with the approval of the Engineer.
Air Entraining Admixtures of the neutralized vinsol
resin type conforming to the requirements of ASTM Designation
C 260 may be used with Type I cement. It shall be used in
strict accordance with the manufacturer's recommendations so
that the total air content of the concrete as mixed shall be
within the following limits:
Maximum Size of Coarse Aggregate Air Content
3/4 inch 5.0% to 7.0%
1 inch 4.5% to 6.5%
1 1/2 inch 4.0% to 6.0%
The concrete supplier shall furnish certified copies of
laboratory test reports prepared in accordance with Section
8 of ASTM C 260 for any air -entraining admixture used in the
concrete.
Chemical Admixtures conforming to the requirements of
ASTM C 494 may be used if approved by the Engineer, if tested
in accordance with the following criteria, and if used in
strict accordance with the manufacturer's recommendations.
(1) The concrete supplier shall furnish certified copies of
laboratory test reports prepared in accordance with
Section 11.1 thru 11.3 of ASTM C 494 for each admixture
used in the concrete.
(2) Before using two (2) or more admixtures simultaneously,
the concrete supplier shall furnish certified copies of
laboratory test reports prepared in accordance with
Section 11.4 of ASTM C 494, for each combination of
admixtures and local materials. This requirement shall
pertain to a combination of ASTM C 260 and C 494
admixtures or a combination of C 494 admixtures.
H. REINFORCING STEEL:
Reinforcing steel for concrete shall be deformed, clean, free
from rust and new. It shall conform to ASTM Standard A 615 and shall
be Grade 60 for bars No. 4 and larger and Grade 40 for No. 3 bars.
2
CONCRETE
I. SMOOTH DOWEL BARS:
Plain
joints shall
plain round
deformations
to the job s
painted with
J. WIRE FABRIC:
K.
L
M
N
0
steel bars for reinforcing concrete slab expansion
meet the requirements of ASTM A 615, Grade 60. These
dowel bars shall be free from burrs or other
restricting slippage in the concrete. Before delivery
ite, one-half of the length of each dowel bar shall be
one coat of lead or tar paint.
Wire fabric shall be electrically -welded wire fabric of cold -
drawn wire (70,000 psi yield point) of the diameter and spacing
required and shall conform to ASTM Standard A 185.
GROUT:
Grout shall be a mixture of one (1) part Portland cement to
two (2) parts of sand plus the required water for proper flow.
PREFORMED JOINT MATERIAL:
Preformed joint material for slab expansion joints shall meet
the requirements of ASTM Standard D 1751 for nonextruding and
resilient bituminous type fillers. Unless otherwise indicated
within the specifications or on the plans, the joint filler shall
have a thickness of 1/2 inch for interior uses and 3/4 inch for
exterior uses.
JOINT SEALER (HOT APPLIED):
The joint sealer for horizontal joints in concrete slabs shall
be of the hot -poured, elastic type unless otherwise specified. The
sealer shall meet the requirements of ASTM Standard D 1190.
JOINT SEALER (COLD APPLIED):
The joint sealer for horizontal joints in concrete slabs
shall, when specifically specified, be a two liquid component, cold -
extruded, synthetic polymer. The sealer shall meet the requirements
of Federal Specification SS -S -159b.
BONDING AGENT:
A bonding agent used in the mortar or concrete mix for
patching new concrete surfaces and for finishing vertical exposed
surfaces, shall be Surface Engineering Company product Tite-Crete
or an approved equal.
COVER MATERIALS FOR CURING:
Interior concrete
floor slabs in
which
the concrete surface
is to be exposed, shall
be coated with a
curing
compound meeting the
3 CONCRETE
requirements of ASTM Standard C 309, Type 1. The curing compound
shall further act as a sealer to reduce dusting of the floor.
Exterior concrete slabs and pavements shall be coated with a
curing compound meeting the requirements of ASTM Standard C 309,
Type 2, white pigmented.
Other curing materials which will be accepted in areas where
curing compounds are not applicable, shall meet the following
specifications:
White polyethylene sheeting........AASHTO M 171
Burlap Cloth... . .. . .. . . . . . . . ... ... .AASHTO M 182
401.03 STORAGE OF MATERIALS:
Cement shall be stored in weathertight building, bins, or silos which will
provide protection from dampness and contamination and will minimize warehouse
set. Any cement damaged by moisture or which fails to meet any of the specified
requirements .shall be rejected and removed from the work.
Aggregate stockpiles shall be arranged and used in a manner to avoid
segregation or contamination with other materials or with other sizes of like
aggregates.
Sand shall be allowed to drain until it has reached a uniform moisture
content before it is used in a concrete slab.
Frozen or partially frozen aggregates shall not be used.
Any material which has deteriorated, been contaminated with deleterious
or foreign material, or which has been otherwise damaged, shall not be used for
concrete.
401.04 CLASSIFICATION:
Concrete shall be classified as provided for below. The strengths for
each classification of concrete shall be the minimum compressive strength for
that class of concrete at 28 days.
Class "AAA"..........4000 psi ,
Class "AA".. ... ..... .3500 psi
Class "A"............3000 psi
Class "B"............2500 psi II
Class "Co............2000 psi
Concrete shall be air entrained when specified elsewhere or when shown on
the plans. The total air content of air entrained concrete shall be as specified
in paragraph 401.02.G. above. The air content shall be based on measurements
II
4 CONCRETE I II
made on concrete immediately after discharge from the mixer in accordance with
ASTM C 231.
401.05 CONCRETE QUALITY:
All concrete shall be designed to provide a 28 -day strength stated in
Section 401.04 of these specifications according to the class of concrete which
is stated elsewhere within these specifications or on the plans. The materials
shall be proportioned by weight in such a manner as to obtain a plastic workable
mix. At least four (4) test cylinders shall be made and tested from each 100
cubic yards of concrete or fraction thereof placed each day, unless exceptions
are p:rmitted by the Engineer. The concrete test cylinders from each group shall
be tested as follows and shall meet the following requirements.
No. of Cylinders Age Strength Requirement
To Be Tested (Days) Minimum % of 28 Day
1 3 45%
1 7 65%
2 28 100%
The strength level of an individual class of concrete shall be considered
satisfactory if both of the following requirements are met:
a. The average of all cylinders of three consecutive sets of strength
tests equal or exceed the required 28 day strength.
b. No individual strength tests of a set (average of two cylinders)
falls below the required 28 day strength by more than 500 psi.
In the event the concrete cylinder strength do not meet the minimum
requirements set forth above, the Contractor shall pay for additional testing
as specified herein and as directed by the Engineer. Concrete cores shall be
taken from the portion of the structure represented by the low strength
cylinders. Three (3) cores shall be taken for each strength test not meeting
the previously stated requirements. These cores shall be tested and evaluated
in accordance with Section 4.8.4.3, 4.8.4.4 and 4.8.4.5 of ACI Standard 318,
Building Code Requirements for Reinforced Concrete.
401.06 CONCRETE PROPORTIONS:
Concrete mix designs shall be in accordance with ACI Standard 211.1,
"Recommended Practice for Selecting Proportions for Normal and Heavyweight
Concrete". Four (4) copies of each proposed mix design and material test results
shall be submitted to the Engineer for review and approval prior to the placement
of any concrete, unless otherwise directed by the Engineer. The mix design
strength shall be verified by a minimum of 6 test cylinders, the results of
which shall accompany the mix design data submitted. One of the 6 cylinders
shall be tested at 3 days, two at 7 days and three at 28 days.
5 CONCRETE
I
The slump of all concrete shall be four inches (4"), plus or minus one
inch (1"), unless otherwise stated on the plans, in the Special Conditions, or
in other sections of these specifications.
Flyash shall not be used to replace more than 20 percent by weight of the
Portland cement needed for the mix.
401.07 BATCHING AND MIXING:
The concrete shall be batched and mixed in approve
and/or mixers. The concrete shall be mixed for a minimum
for batches of 2 cubic yards or less and the time shall be
of 15 seconds for each additional cubic yard or fraction
shall be placed within one (1) hour after the introduction
cement and aggregates.
I batching machines
of two (2) minutes
increased a minimum
thereof. Concrete
of the water to the
Ready -mixed concrete may be used, provided that the concrete produced and ,
the methods of producing the concrete conforms to the specifications and the
equipment and methods are in accordance with ASTM Specifications C 94,
Specifications for Ready -Mixed Concrete. The Engineer shall have free access
to the mixing plant at all times.
The batching of cement and aggregates 5Sall be by weight with a maximum
tolerance of one (1) percent for cement and two (2) percent for each aggregate
and the cumulative total of the aggregate.
Water measurement for the concrete may be by volume or weight but the
method used shall be accurate to within one (1) percent.
The moisture content of the sand shall be checked and recorded periodically
and the mixing water quantity adjusted to keep the concrete consistency
reasonably constant.
All admixtures, including those cited within this Section of the
specifications or within other Sections of the specifications, shall be approved
by the Engineer prior to use. Unless otherwise approved, all admixtures shall
be added separately and shall be added at the mixer. '
401.08 CONCRETE TIME LIMIT:
The length of time that the concrete can be held in the truck shall conform
to the following:
a. Air temperature 45 degrees F. to 80 degrees F. - 90 minutes maximum. 1
b. Air temperature over 80 degrees F. with a retarder added to the mix -
90 minutes maximum.
C. Air temperature over 80 degrees F. without a retarder added to the
mix - 60 minutes maximum.
1
11
CONCRETE ,
401.09 FORMS:
The. design and engineering of the formwork, as well as its construction,
shall be the responsibility of the Contractor. The formwork shall be designed
for the loads and lateral pressures outlined in ACI Standard 347, "Recommended
practice for Concrete Formwork".
The Contractor shall provide all forms required for the proper execution
of the concrete work. Forms for concrete shall be rigidly braced so that they
cannot bulge or warp and thereby leave an unworkmanlike finished surface. They
may be constructed of any material with sufficient strength to give the finished
work a satisfactory surface. Forms for concrete which are to be left exposed
shall be lined with plywood, except where special form liners or other special
finish is specified. The forms must be sufficiently tight so that mortar cannot
escape from the concrete in an appreciable quantity in the opinion of the
Engineer. Joints in form boards for exposed areas shall be arranged to produce
a uniform pattern with a minimum of joints.
Form accessories to be partially or wholly embedded in the concrete, such
as ties and hangars, shall be a commercially manufactured type. Non -fabricated
wire is not acceptable. The portion remaining within the concrete shall leave
no metal within one (1) inch of the surface when the concrete is to be exposed
to view, Spreader cones on ties shall not exceed one (1) inch in diameter.
All forms shall be treated with form oil to prevent bonding of forms to
concrete. The coating shall be applied prior to the placement of steel
reinforcement whenever possible. The coating shall be of a type that will not
inhibit the bond of any applied finishes.
401.10 REINFORCEMENT:
The fabrication of all reinforcement shall be in accordance with ACI 315,
"Manual of Standard Practice for Detailing Reinforced Concrete Structures".
All reinforcing bars shall be bent cold. Bars shall be bent before they
are placed in the forms. No field bending or bars partially embedded in concrete
will be permitted.
All reinforcement shall be accurately placed, as shown on the plans, and
shall be firmly held in position so that it will not be subject to displacement
during concreting operations. Bars shall be fastened together at intersections.
The reinforcement shall be supported by approved metal chairs. The reinforcement
shall be placed and secured to provide the concrete protection and embedment
specified in ACI Standard 318.
All welded wire fabric may be furnished in rolls and shall be lapped not
less than 6 inches on all sides.
Shop drawings and bending details shall be supplied by the Contractor when
required.
' 7 CONCRETE
401.11 EMBEDDED ITEMS:
Before placing concrete, any items that are to be embedded shall be firmly
and securely fastened in place as indicated. All such items shall be clean and
free from coatings, rust, scale, oil, or any foreign matter. The embedding of
wood shall be avoided. During concreting operations, the concrete shall be
spaded and consolidated around and against embedded items.
401.12 PLACING CONCRETE:
Before any concrete is placed, the reinforcing steel, forms, and subgrade
shall be thoroughly cleaned of hardened concrete, rust, chips, sawdust, mud,
dried porous earth or other foreign materials. The subgrade, forms and
reinforcing steel shall all be free of ice or frost and free water. Concrete
shall not be placed until the approval of the subgrade, forms, reinforcing steel
and other related conditions has been given by the Engineer. The Contractor
shall furnish the Engineer with a minimum notice of 24 hours of his intention
to place concrete.
Before depositing concrete on or against concrete which has taken its
initial set, the surface of the hardened concrete shall be completely cleaned
of all foreign matter and latency, the inferior surface concrete removed and
the remaining surface of the hardened concrete roughened. The forms and
reinforcement shall also be completely cleaned of all mortar and loose material.
A layer of grout of the same cement -sand ratio as the concrete, but without
coarse aggregate, shall then be placed to a thickness of approximately one-half
(1/2) inch on the cleaned surface after which the new concrete shall be
immediately placed.
In placing concrete, care shall be taken that the freshly placed mass is
so placed and vibrated that there is no tendency for the coarse aggregate to
segregate from the mortar, that no rock pockets are left, that the concrete
flows readily around the steel and embedded items and into the extremities of
the forms.
The concrete shall be deposited as nearly as practicable in its final
position to avoid segregation due to rehandling or flowing. The free fall of
the concrete shall be held to a minimum and no fall greater than ten (10) feet
will be permitted without the approval of the Engineer.
No concrete will be deposited without vibration. Vibrating shall not be
continued in any one spot to the extent that pools of grout are formed.
Mechanical vibrators shall have a minimum frequency of 7000 revolutions per
minute and shall be operated by competent workmen. Over -vibrating and the use
of vibrators to transport concrete within the forms shall not be allowed.
Vibrators shall be inserted and withdrawn at many points, from 18 to 30 inches
apart. At each insertion, the duration shall be sufficient to consolidate the
concrete, but not sufficient to cause segregation, generally from 5 to 15 seconds
duration. A spare vibrator shall be kept on the job site during all concrete
placing operations.
In addition to vibrating, the concrete shall be hand rodded around embedded
items, projections of reinforcement and in the corners of forms.
8 CONCRETE
Li
The placement of the concrete shall be carried on at a rate such that the
formation of cold joints will not be permitted. If a section cannot be placed
continuously, construction joints shall be positioned at approved locations.
401.13 JOINTS:
i Joints shall
be at the locations and of the type
shown on the plans unless
'� otherwise approved by the Engineer. Joints not shown on the drawings shall be
made and located so as to least impair the strength of the structure and shall
be approved by the Engineer.
When the placing of concrete is suspended, necessary provisions shall be
made for joining the future work before, the placed concrete takes its initial
set. Longitudinal keys not less than 1 1/2 inches deep shall be provided in
all joints in walls and between walls and slabs or footings. All reinforcing
steel shall be continued across joints. Dowels shall be provided at joints as
directed by the Engineer.
Expansion and construction joints in slabs shall be constructed so as to
allow the normal finishing operations to be executed and completed over the
joint. After the final finish, but before the concrete has taken its initial
set, the edges of the slab and on each side of expansion and construction joints
shall be worked with an approved tool and rounded to a 1/4 inch radius. A well-
defined and continuous radius shall be produced and a smooth, dense mortar finish
obtained.
The surface of the slab shall not be unduly disturbed by tilting the tool
during use. Tool marks shall be eliminated by brooming and refinishing the
surface. The rounding of the corner of the slab shall not be disturbed in the
refinishing operation.
All concrete shall be completely removed from the top of the joint filler
at expansion joints.
401.14 REMOVAL OF FORMS:
Removal of forms shall be done in a manner which will assure complete
safety of the structure and concrete. Except for portions of structures
supported on shores, the removal of wall forms, slab edge forms, beam forms and
similar vertical forms may be commenced after 24 hours provided the concrete is
sufficiently hard and will not be injured. In no case shall the supporting forms
and shoring be removed from beneath beams or slabs until the representative
concrete cylinder tests indicate that the concrete has attained a compressive
strength of 2500 psi or better and not sooner than 7 days after the concrete is
placed, except by permission of the Engineer.
401.15 CURING CONCRETE:
Concrete shall be maintained above 50 degrees F. and in a moist condition
for at least the first 7 days after placing, except that high -early -strength
concrete shall be so maintained for at least the first 3 days.
When wood or steel forms are used and left in place during curing, they
shall be kept wet at all times. If the forms are removed before the end of the
9 CONCRETE
I
I
7 -day curing period, the concrete shall then be sprayed with a curing compound
as specified for exposed surfaces.
Exposed surfaces of concrete shall be cured using the approved curing
compound except where special finishes require the use of other curing materials.
Curing compounds shall be applied with approved spraying equipment and shall be
applied at the coverage rate recommended by the manufacturer. The second coat
shall be applied in a direction approximately at right angles to the direction
of application of the first coat. The compound shall form a uniform, continuous,
coherent film that will not check, crack, or peel and shall be free from pinholes
or other imperfections. Concrete surfaces which are subjected to rainfall within
3 hours after the curing compound has been applied, shall be re -sprayed.
401.16 HOT WEATHER CONCRETING:
This section shall apply to all concrete work done when the air temperature
is 80 degrees F. or forecasted to rise above this temperature within 24 hours
after placement of the concrete.
The temperature of concrete when placed in the forms shall not exceed 90
degrees F.
Mixing water shall be kept cool and st-)rage tanks and supply lines shall
be shaded or adequately insulated. Aggregate stockpiles shall be saturated and
the surfaces kept moist by intermittent sprinkling.
The amount of mixing and agitating should be held to the minimum
practicable. It is recommended that the number of revolutions of the mixer or
agitator truck not exceed 125.
When approved in writing by the Engineer, a water reducing and retarding
admixture or a high -range water reducer (super -plasticizer) may be used.
The length of time that the concrete can be held in the truck shall conform
to the following:
a. Air temperature over 90 degrees F. with a retarder added to the mix,
90 minutes maximum.
b. Air temperature over 80 degrees F. without a retarder added to the
mix, 60 minutes maximum.
When it is windy, water may be evaporated from the surface rapidly, thus
tending to produce plastic shrinkage cracks and cold joints. A fog spray of
water shall be used to cool the air before and after finishing operations.
401.17 COLD WEATHER CONCRETING:
This section shall apply to all concrete work done when the air temperature
is 40 degrees F. or forecasted to drop below this temperature within 24 hours
after placement of the concrete.
Plans to protect fresh concrete from freezing and to maintain temperatures
above the designated minimums for the required time after placing, shall be made
10 CONCRETE I
1I
' in advance of expected low temperatures and reported to the Engineer. The work
shall be done entirely at the Contractor's risk.
Before placing concrete during cold weather the forms and reinforcing
shall be free of snow, frost and ice. All surfaces which are to be in contact
with the newly -placed concrete shall be at a minimum temperature of 35 degrees
F. to prevent early freezing of the concrete or seriously prolonging its
' hardening.
The minimum concrete temperature during placement shall be 55 degrees F.
' This minimum concrete temperature prior to placement, may be atcained by heating
the mixing water, by heating the aggregates, or by a combination of these two
items. Mixing water shall be heated to a maximum temperature of 150 degrees F.
Heat of hydration shall be retained in the concrete by the use of insulated
forms and insulating blankets. The concrete shall be maintained at a temperature
of not less than 55 degrees F. for a minimum period of 3 days. All concrete
damaged by frost action shall be removed and replaced at the Contractor's
expense.
Water reducing accelerators, conforming to ASTM C 494, "Chemical Admixture
for Concrete", Type E, may be used with the written permission of the Engineer.
401.16 FINISHING:
All surfaces which are to be exposed to view after the completion of all
work shall be free from conspicuous lines or other irregularities caused by
defects in the forms. These surfaces shall be finished in the following manner.
Immediately after the forms are removed, all depressions and voids shall be
patched and all fins and other imperfections removed. Metal form ties shall be
cut off 3/4 inch deep in the concrete and grouted. The area to be patched and
an area at least 6 inches wide surrounding it shall be dampened to prevent
absorption of water from the patching mortar.
The bonding grout shall be prepared using a mix of approximately 1 cement to I part fine sand Y part
passing a No. 30 mesh sieve. It shall be mixed to
the consistency of thick cream and shall then be well brushed into the surface.
The patching mixture shall be made of the same material and of approximately the
same proportions as used for the concrete, except that the coarse aggregate shall
be omitted and the mortar shall consist of not more than 1 part cement to 2 1/2
parts sand by damp loose volume. The quantity of mixing water shall be no more
than necessary for handling and placing. The patching mortar shall be mixed in
advance and allowed to stand with frequent manipulation with a trowel, without
addition of water, until it has reached the stiffest consistency that will permit
placing.
After
has evaporated
shall be well b ushedintothesurface. When the bond Coattbeginst
bond coat
to
lose the water sheen, the premixed patching mortar shall be applied. The mortar
shall be thoroughly consolidated into place and struck off so as to leave the
patch slightly higher than the surrounding surface. To permit initial shrinkage,
it shall be left undisturbed for at least one (1) hour before being finally
finished. The patched area shall be kept damp for 7 days. Metal tools shall
' not be used in finishing a patch in a formed wall which will be exposed.
11 CONCRETE
1
I
The finished surfaces of concrete shall be as follows
their location.
A.
7
E
D
WALLS EXPOSED TO VIEW:
depending upon 1
Following the patching procedures outlined, the surface of
the concrete shall receive a grout cleaned finish. After the
concrete is predampened, a mixture consisting of 1 part cement and
1 1/2 parts sand passing the No. 16 sieve shall be mixed with "Tite-
Crete" to form a slurry, and shall be spread over the surface with
clean burlap pads or rubber floats. Any surplus shall be removed
by scraping and then rubbing with clean burlap.
WALLS NOT EXPOSED TO VIEW:
The surface of the concrete shall be patched as previously
specified. Fins exceeding 1/4 inch in height shall be rubbed down
with wooden blocks. The surface shall otherwise be left with the
texture imparted by the forms if they are reasonably true to line
and plane.
UNFORMED SURFACES:
Tops of walls and similar unformed surfaces occurring adjacent
to formed surfaces shall be struck smooth after concrete is placed
and shall be floated to a texture reasonably consistent with that
of the formed surfaces. Final treatment on formed surfaces shall
continue uniformly across the unformed surfaces.
INTERIOR FLATWORK:
All exposed
concrete surfaces shall be true, smooth,
free from
open or rough
spaces, depressions or
projections. The
finished
surface shall
be
checked for trueness
of surface which
shall be
level within
1/4
inch in 10 feet.
Irregularities
shall be
corrected.
After the concrete has been placed, struck off, consolidated
and leveled, the concrete shall not be worked further until ready
for floating. Floating shall begin when the water sheen has
disappeared and/or the mix has stiffened sufficiently to permit the
proper operation of a power -driven float. The surface shall then
be consolidated with power -driven floats. Hand floating with wood
or cork -faced floats shall be used in locations inaccessible to the
power -driven machine.
After the moisture has disappeared, steel trowel the surface
to a smooth, even, impervious finish, free from trowel marks. After
the surface has set sufficiently to ring the trowel, it shall be
given a second troweling to a burnished finish.
The use of a cement paste or dry cement and sand as a topping
or to absorb moisture is strictly prohibited.
I
I
I
I
I
11
11
11
La'
12 CONCRETE
E. EXTERIOR FLATWORK:
All exterior pavements, sidewalks and slabs shall be finished
the same as interior flatwork except the finish shall be broomed, unless otherwise specified in other sections of these
specifications.
F. SPECIAL FINISHES:
Special finishes to be used on a given type of work shall be
specified in the section of the specifications concerning that work.
Finishes specified elsewhere in these specifications shall take
preference over the finishes described above.
� 401.19 DEFECTIVE WORK:
Any defective work disclosed after the forms have been removed or slabs
straightedged, shall be immediately removed and replaced. If any dimensions
are deficient, or if the surface of the concrete is bulged, uneven, or shows
honeycomb, which in the opinion of the Engineer cannot be repaired
' satisfactorily, the entire section shall be removed and replaced at the expense
of the Contractor.
401.20 SEALING JOINTS:
All joints in concrete slabs shall be thoroughly cleaned after the curing
period. The cleaning shall remove all foreign material, joint sawing residue,
dirt and other deleterious matter. The joint shall then be sealed with the
specified joint sealing compound, applied by pressure if necessary.
Joints shall be slightly underfilled to prevent extrusion of the sealer.
The sealer shall be brought to within 1/8 inch to 1/4 inch from the top of the
slab surface.
The cleaning and filling shall be carefully done with proper equipment in
a manner to obtain a neat appearing joint free from excess joint filler.
401.21 BASIS OF PAYMENT:
Separate payment for concrete and concrete work will not be made under
this section of the specifications. If payment is to be made separately for
concrete and concrete work, it shall be as stated in the section of these
specifications where the item is called for. Unless otherwise stated in other
sections and in the Proposal, the concrete and concrete work including all labor,
materials, tools, equipment, supplies and incidentals for completed concrete work
in place, will be paid for as a part of the applicable unit price listed in the
Proposal for the items requiring concrete work. Said payment shall be considered
full compensation for all labor, equipment, concrete, reinforcing steel,
excavation and backfill, and other related items necessary for the work included
in this section of the specifications.
END OF SECTION 401, CONCRETE
- ..------ -- -01 13
CONCRETE
I
L
SECTION 430. CONCRETE DRIVEWAYS
430.01 DESCRIPTION:
The work included under this section of the specifications shall consist
1 of the construction of Portland cement concrete driveways. This work shall
include all fine grading, form work, concrete, finishing and related and
incidental work necessary for the completed driveways.
430.02 APPLICABLE SPECIFICATIONS:
All concrete work in this section shall be in accordance with the following
specifications.
430.03 MATERIALS:
A. CONCRETE:
All concrete shall be Class "AA" (3500 psi) air entrained, as
specified in Section 401 of these specifications. The maximum size
aggregate used shall be 1" with a gradation conforming to ASTM size
No. 57 or size No. 67.
B. EXPANSION JOINT MATERIAL:
Expansion joint filler shall be a bituminous preformed
expansion joint filler of the non -extruding and resilient type
conforming to ASTM Standard D 1751.
C. JOINT SEALER:
The joint sealer for all joints shall be of the hot -poured
rubber asphalt, elastic type, conforming to ASTM Standard D 1190.
430.04 CONSTRUCTION METHODS:
A. SUBGRADE PREPARATION:
The subgrade shall be excavated to the required depth as shown
on the plans and as directed by the Engineer. All soft and yielding
material shall be removed and replaced with suitable material and
the entire subgrade shall be thoroughly compacted with approved
mechanical tampers. The subgrade shall have a minimum density of
95% of the laboratory density as determined by AASHTO Test T 180.
At the Contractor's option, a sand leveling course of 2" thickness
• may be utilized.
In removing old driveway, care shall be taken to leave a
straight, smooth edge at the location given by the Engineer. The
edge shall be sawed or otherwise cut and trimmed to a smooth
straight line.
I
1
u
C.
I.]
FORMS:
Forms shall be of metal or wood, free from warp, of sufficient
_strength to resist springing during the process of depositing
concrete. The forms shall have a depth approximately equal to the
edge thickness of the driveway. They shall be securely staked,
braced, set and held firmly to the required line and grade. All
forms shall be cleaned and oiled before concrete is placed against
them.
PLACING AND FINISHING:
The subgrade shall be thoroughly moistened immediately prior
to the placing of the concrete.
The mixing and placing of concrete shall conform to the
requirements of Section 401. The concrete shall be deposited in
one course for the entire width of the driveway. The concrete shall
be thoroughly consolidated until all voids are removed and the edges
along the forms spaded to prevent honeycomb. The top shall then be
struck off to the true grade and tamped or vibrated sufficiently for
free mortar to appear on the surface. It shall then be finished to
a true and even surface, free of water retaining depressions, with
a wood float. After the water has disappeared, the surface shall
be given a final finish by brooming with a soft bristled broom. The
broom shall be drawn across the driveway at right angles to the
street centerline, with adjacent strokes lightly overlapping
producing a uniform, slightly roughened surface with parallel broom
marks.
Pavement and joint edges shall be rounded with a 1/4" radius.
Care shall be taken that the edger does not leave an impression in
the top of the slab so deep that the indentation cannot be removed
with the subsequent finishing operations.
CONTRACTION JOINTS:
Contraction joints shall be placed at the locations shown on
the plans. The joints may be constructed using jointing tools or
by sawing. Joint tools shall have a minimum bite of 1", a maximum
width of 1/4" and rounded edges. Saw cuts shall have a minimum
depth of 1" and a width of 1/4".
The tooled or sawed joint shall be cleaned and shall be filled
with the specified joint filler.
E. EXPANSION JOINTS:
Expansion joints shall be provided at the locations shown on
the plans. The preformed expansion joint material shall have a
thickness of 1/2" and shall be installed the full depth of the
driveway, except the top of the joint filler shall be placed 1/2"
below the surface of the driveway. All transverse expansion joints
shall be formed of a single section of the preformed material. The
2 CONCRETE DRIVEWAYS
II
I
top 1/2" of the joint shall be filled with the specified joint ,
sealer.
F. CURING: '
The concrete shall be cured with a liquid membrane curing
compound as specified in Section 401 of these specifications. All
traffic, both pedestrian and vehicular shall be excluded from the
use of the concrete for at least 72 hours.
G. BACKFILL:
S
After the concrete has set sufficiently, the forms shal-1 be
removed. This shall be done not sooner than 24 hours after the
concrete has been placed. The forms, stakes and other debris shall
then be removed and the spaces adjacent to the driveways shall be
filled as specified in other sections of these specifications.
The joint between the existing driveway and the new concrete
driveway shall be repaired with surfacing materials similar to the
existing driveway construction as directed by the Engineer.
430.05 THICKNESS OF CONCRETE:
The thickness of the concrete driveway shall be as shown on the plans.
Any driveway concrete found to be less than the specified thickness shall be
removed and replaced by the Contractor without compensation or payment.
430.06 MEASUREMENT AND PAYMENT:
The measurement and payment of the work included in this section of the
specifications shall be at the unit price per square foot listed in the proposal.
Payment shall be considered full compensation for all equipment, tools, material,
labor, supplies and incidentals necessary for the subgrade preparation, sand
leveling course, forming, concrete, concrete work, jointing, backfilling and
other items necessary for the completed construction of the concrete driveway.
I
I
I
I
I
I
I
No separate payment will be made for cutting and removal of existing
driveways unless otherwise specified and included in the proposal.
Payment will be made under:
Pay Item
Concrete Driveway
() Thickness
Pay Unit
Square Yard
END OF SECTION 430, CONCRETE DRIVEWAYS
I
I
I
I
3
CONCRETE DRIVEWAYS
I
I
SECTION 440. CONCRETE SIDEWALKS
440.01 DESCRIPTION:
The work included under this section of the specifications shall consist
of the construction of Portland cement concrete sidewalks. This work shall
include all fine grading, form work, concrete, finishing and related and
incidental work necessary for the completed sidewalks including handicap ramps
and steps.
440.02 APPLICABLE SPECIFICATIONS:
All concrete and concrete work in this section shall be in accordance with
Section 401, "Concrete", unless otherwise specified.
440.03 MATERIALS:
All materials used in the construction of sidewalks shall be in accordance
with the following specifications.
A. CONCRETE:
All concrete shall be Class "A" (3000 psi), air entrained, as
specified in Section 401.of these specifications. The maximum size
aggregate used shall be 1" with a gradation conforming to ASTM C 33,
Gradation No. 57 or No. 67.
B. EXPANSION JOINT MATERIAL:
Expansion joint filler shall be bituminous preformed expansion
joint filler of the non -extruding and resilient type conforming to
ASTM Standard D 1751.
440.04 CONSTRUCTION METHODS:
A. SUBGRADE PREPARATION:
The subgrade shall be excavated to the required depth as shown
on the plans and as directed by the Engineer. All soft and yielding
material shall be removed and replaced with suitable material and
the entire subgrade shall be thoroughly compacted with approved
mechanical tampers. At the Contractor's option, a sand leveling
course of 1" thickness may be utilized.
B. FORMS:
Forms shall be of metal or wood, free from warp, of sufficient
strength to resist springing during the process of depositing
concrete. The forms shall have a depth approximately equal to the
edge thickness of the'siaewalk. They shall be securely staked,
braced, set and held firmly to the required line and grade. All
forms shall be cleaned and oiled before concrete is placed against
them.
C.
D.
!?1
PLACING AND FINISHING:
The subgrade shall be thoroughly moistened immediately prior
to the placing of the concrete.
The concrete shall be deposited in one course for the entire
width of the sidewalk. The concrete shall be thoroughly
consolidated until all voids are removed and the edges along the
forms spaded to prevent honeycomb. The top shall then be struck
off to the true grade and tamped or vibrated sufficiently for free
mortar to appear on the surface. It shall then be finished to a
true and even surface, free of water retaining depressions, with a
wood float. After the water has disappeared, the surface shall be
given a final finish by brushing with a white -wash brush. The brush
shall be drawn across the sidewalk at right angles to the edges of
the walk, with adjacent strokes lightly overlapping, producing a
uniform slightly roughened surface with parallel brushmarks.
Edges shall be rounded with a 1/4" radius, including edges at
joints. Care shall be taken that the edger does not leave an
impression in the top of the slab so deep that the indentation
cannot be removed with the subsequent finishing operations.
MACHINE PLACEMENT:
At the Contractor's option an approved slipform/extrusion
machine may be used to place applicable sections of the sidewalk.
The machine approved shall be so designed as to place, spread,
consolidate, screed and finish the concrete in one complete pass in
such a manner that a minimum of hand finishing will be necessary to
provide a dense and homogeneous concrete section. The machine shall
shape, vibrate and/or extrude the concrete for the full width and
depth of the concrete section being placed. It shall be operated
with as nearly a continuous forward movement as possible. All
operations of mixing, delivery and spreading concrete shall be so
coordinated as to provide uniform progress, with stopping and
starting of the machine held to a minimum.
The finished texture of the sidewalk and the joint locations
shall be identical for either the machine placed or formed methods.
CONTRACTION JOINTS:
Contraction joints shall be cut transversely at intervals of
approximately 4and never at intervals exceeding 5'. These joints
shall be constructed at right angles to the centerline of the
sidewalk. The jointing tool shall have a minimum bite of 1/2", a
maximum width of 1/4" and rounded edges. The joints may be sawed
at the Contractor's option.
,1I
2 CONCRETE SIDEWALKS , II
1J
I
F. EXPANSION JOINTS:
Expansion joints shall be provided at the locations shown on
the plans and shall be placed at maximum intervals of 100' unless
otherwise shown on the plans.
At locations where obstructions such as power poles, fire
hydrants, water meters, street signs are encountered, expansion
joints shall be placed transversely in the sidewalk. The expansion
joint material shall furthermore surround these obstructions. The
transverse expansion joint shall be centered on the diameter of the
obstruction.
The preformed
expansion
joint material shall have a thickness
of 1/2" and shall be
installed
the full depth of the walk
except the
top of the joint filler
shall
be placed 1/4" below the
surface of
the sidewalk. All
transverse
expansion joints shall be
formed of
a single section of
the preformed material.
440.05 CURING:
The concrete shall be cured with a liquid membrane curing compound as
specified in Section 401 of these specifications. All traffic, both pedestrian
and vehicular shall be excluded from the use of the concrete for at least 72
hours.
440.06 HANDICAP ACCESS RAMP:
Ramps shall be placed in the sidewalk at the locations shown on the plans
or as designated by the Engineer. Ramps shall be constructed and finished as
sidewalk construction.
440.07 BACKFILL:
After the concrete has set sufficiently, the forms shall be removed. This
shall be done not sooner than 24 hours after the concrete has been placed. The
forms, stakes and other debris shall then be removed and the spaces adjacent to
the sidewalks shall be filled with suitable material approved by the Engineer,
compacted until firm and the surface neatly graded. The top 4" of finished grade
soil shall be topsoil.
440.08 MEASUREMENT AND PAYMENT:
The measurement and payment of the work included in this section of the
specifications shall be at the unit price per square foot listed in the proposal
for "Concrete Sidewalks" and "Concrete Steps". Payment shall be considered full
compensation for all equipment, tools, material, labor, supplies and incidentals
necessary for the subgrade preparation, sand leveling course, forming, concrete,
concrete work, jointing, backfilling, handicap access ramps and other items
necessary for the completed construction of the concrete sidewalks. The area
measured for steps will be that of the treads only.
No separate payment will be made for cutting and removal of existing
sidewalks, curbs, curb and gutter and pavement unless otherwise specified.
3
1
CONCRETE SIDEWALKS
I
When included in the bid form, handicap ramps will be measured by the ,
unit. Sidewalk within the ramp area will be measured and paid for as stated
previously. No separate payment will be made for removal and replacement of
curbs, curb and gutter or existing sidewalks unless otherwise specified.
• i
1
1
1
.1
1
1
1
1
END OF SECTION 440, CONCRETE SIDEWALKS '
4 CONCRETE SIDEWALKS
SECTION 601. WATER LINE IMPROVEMENTS
601.01 SCOPE OF WORK:
The work included in this section of the specifications shall consist of
furnishing and installing water mains and appurtenances.
601.02 CONSTRUCTION SCHEDULING AND COORDINATION:
Service to water customers shall not be disrupted during installation of
the water line improvements except for the time required to change individual
services as specified in this specification.
The Contractor shall notify the City of Fayetteville Water Department at
least 48 hours prior to scheduled connections of mains. Scheduling shall be
subject to the approval of the Water Superintendent and the Engineer.
The sequence. of construction and change over shall be as follows:
a. Install new mains as shown on the plans, including fire hydrants.
b. Test, disinfect and sample mains as specified. After samples are
approved, place mains into service.
c. Install new services and transfer customer's services to the new
main.
d. On lines to be abandoned, close existing valves and cut, plug and
block line; remove existing valve box.
601.03 APPLICABLE SPECIFICATIONS:
All materials and construction methods shall be in accordance with these
specifications and with the standards referenced herein. Other specifications
which are applicable are the General and Special Conditions and other technical
sections.
601.04 MATERIALS:
Materials and equipment specified by using the name of a proprietary item
or a particular manufacturer shall be only that item or brand specified unless
the term "approved equal" is stated. Where "approved equal" is stated, all
requests by the Contractor to substitute other items shall be made in writing
and shall include manufacturer's information and technical data. Requests shall
be submitted to the Engineer for review and approval by the Director of Utilities
prior to ordering or installation of the proposed substitute.
A. DUCTILE IRON PIPE:
Ductile iron pipe shall be push -on joint, Class 50, cement
lined, bituminous exterior coated and shall conform to AWWA C 151,
latest revision. Pipe manufacturer shall furnish certification of
compliance with the referenced standards.
1
Fm
C
!?]
q
F.
POLYETHYLENE ENCASEMENT:
• Water piping, fittings, and all appurtenances to be installed
shall be covered with polyethylene encasement (8 mil). Polyethylene
encasement material and its installation shall be in accordance with
ANSI/AWWA C -105/A-21.5. Methods A, B, or C may be used.
Polyethylene encasement for ductile iron pipe shall be
considered to be incidental to the furnishing and installing of the
pipeline, and will not be measured or paid for separately.
FITTINGS:
Fittings shall be gray -iron or ductile -iron conforming to AWWA
C 110, latest revision. Fittings shall be mechanical joint, cement
lined, exterior bituminous coated and shall have a minimum working
pressure rating of 150 psi.
GATE VALVES:
Gate valves shall conform to AWWA C 500 and shall be iron
body, bronze mounted, double disc, parallel seat, non -rising stem
valves designed for 150 psi minimum working pressure rating. Valves
shall have O-ring packing, open counterclockwise and shall be
furnished with 2" AWWA nut operator. Valves furnished shall have
mechanical joints for cast iron size pipe.
The manufacturer shall furnish an affidavit that the
inspection and all the specified tests have been made and the
results thereof comply with requirements of AWWA C 500.
Valve boxes shall be of the cast iron extension type. Boxes
may be of the screw or sliding type and shall be complete with lid
marked with the inscription "WATER" cast into the top and a base of
the proper size for the valve it is to be used with, the boxes
shall be similar and equal to Tyler Two Piece Valve Box Series 6850
or 6855, with 5 1/4" shaft. The boxes shall be of such size and
length that they can be adjusted to the depth of cover required over
the pipe at the valve location without using the full extension.
Valve boxes shall have one priming coat and two coats of coal tar.
TAPPING SLEEVES AND VALVES:
Tapping sleeves shall be Mueller Type 615 or 616, or approved
equal.
Tapping valves shall conform to the requirements for gate
valves specified above and shall be Mueller Model H 667, or approved
equal.
TRACER WIRE:
Tracer Wire shall be solid copper, AWG No. 14.
2 WATER LINE IMPROVEMENTS
G. FIRE HYDRANTS:
• Fire hydrants shall conform to AWWA Standard C 502, Dry -
Barrel Fire Hydrants, latest revision. The hydrants shall have "O"
ring seals, two 2 1/2" hose nozzles, one 4 1/2" pumper nozzle,
American Standard hose connection threads, 4 1/2" compression type
main valve,. drain valves, left (counterclockwise) opening 1 1/4",
National Standard pentagon operation nut and a self -oiling system
for stem threads. Valve and seal shall be all brass construction.
Hydrants shall have incorporated in their design, a breakable
connection feature including a safety flange and safety stem
coupling immediately above the bury line. This breakable connection
shall have a lower breaking strength than the remainder of the unit.
The inlet connection shall be 6" in size and shall be of the
mechanical joint type conforming to AWWA Standard C 111. The depth
of bury shall be a minimum of 3.6" and shall be greater if needed
to place the centerline of the pumper nozzle a minimum of 18" above
finished grade. Where fire hydrant extensions are required, they
shall be of the proper design to accommodate the make of fire
hydrant installed. Fire hydrant barrels shall be painted yellow.
Fire hydrants shall be Mueller Centurion, A-421.
The hydrant manufacturer shall furnish an affidavit that the
fire hydrant has been manufactured and tested in accordance with
AWWA C 502.
H. MISCELLANEOUS FITTINGS:
Couplings for joining sections of pipe shall be manufactured
of gray cast iron in accordance with ASTM A 47, A 48 or A 536.
Flanges may be of malleable iron conforming to ASTM A 47 or ductile
iron conforming to ASTM A 536. Gaskets shall be of a permanent and
set resistance material. Bolts shall conform to AWWA C 111.
Adapters for connecting pipes c
be manufactured of gray cast iron in
48 and A 536. Flanges may be of
conforming to ASTM Specification A 47
to ASTM Specification A 339. Gaskets
compound that will provide permanence
for adapters shall be high strength
galvanized.
,f dissimilar materials shall
accordance with ASTM A 47, A
fine grained malleable iron
or of ductile iron conforming
shall be of a natural rubber
and resistance to set. Bolts
steel or iron and shall be
Repair clamps shall be made Rockwell Type 227 or 228, or
approved equal. Gaskets shall be of a natural rubber compound (70-
50-05.) that will provide permanence and resistance to set. Bolts
and nuts shall be high strength steel or iron and shall be coated
and treated for corrosion protection. Repair clamps shall be full
circle design and shall have adequate length to properly repair line
defects and thereby prevent future leakage at the repaired point.
3 WATER LINE IMPROVEMENTS
I. GRAVEL BEDDING:
The granular fill used as gravel bedding shall be crushed
_stone, crushed gravel or gravel. The materials shall be well graded
containing several sizes of particles ranging from a 3/4" maximum
size to a No. 4 material. Unless otherwise approved by the
Engineer, the material shall meet the gradation requirements of ASTM
Designation C 33, Gradation 67.
J. CONCRETE:
Concrete
shall conform to
Section
401 of
these
specifications.
Concrete shall
be Class B (2500
psi),
unless
noted
otherwise.
601.05 CONSTRUCTION METHODS:
A. TRENCH EXCAVATION AND BACKFILL:
(1) General: The trench shall be excavated so that the pipe can
be laid to the required lines and grades established by the
Engineer. No deviation shall be made from the required line
or grade except with the written consent of the Engineer.
The trench shall be graded to the approximate depth
shown on the plans and shall maintain a depth that will
provide not less than 30" of cover from the top of the pipe
to the finished surface of the ground. The pipe shall be laid
to a grade such that the entire line will have a minimum
number of high and low points. At utility or street crossings
requiring greater line depth, the approach to the crossing
shall be on a gradual and uniform grade.
Whenever obstructions not shown on the plans are
encountered during the progress of the work and interfere to
such an extent that an alteration in the plans is required,
the Engineer shall have the authority to change the plans and
order a deviation from the line and grade or arrange with the
owners of the structures for the removal, relocation or
reconstruction of the obstructions.
Temporary support, adequate protection and maintenance
of all underground and surface utility structures, drains,
conduits, sewers and other structures encountered in the
progress of the work shall be furnished by the Contractor
without special compensation. Where the grade or alignment
of the pipe is obstructed by existing structures, the
obstruction shall be permanently supported, relocated, removed
or reconstructed by the Contractor in cooperation with the
owners of such utility structures. Whenever necessary to
determine the location of existing underground utility
structures, the Contractor, after an examination of available
records, shall make all explorations and excavations necessary
to determine the exact location of the underground utility to
enable him to provide adequate protection.
19
4 WATER LINE IMPROVEMENTS , �I
The Contractor shall proceed with caution in the
excavation and preparation of the trench so that the exact
location of underground structures and utilities, both known
and unknown, may be determined and he shall be held
responsible for the repair of structures when broken or
otherwise damaged because of carelessness on his part.
The excavation of trenches shall not advance more than
150 feet ahead of the completed pipe work and completed
backfill without permission from the Engineer. Except with
written authorization of the Engineer, all excavation for
water mains shall be in open cut rather than tunneled or
bored. Cutting and replacement of pavements shall be, as
specified in other sections of these specifications.
(2) Excavation: The Contractor shall accurately excavate all the
material encountered within the lines and grades shown on the
plans and as specified and established by the Engineer. The
trench width at the ground surface may vary with the depth of
the trench, but the minimum clear width of the trench at any
point shall be not less than 18" or the outside diameter of
the pipe plus 12", whichever is greater. The maximum clear
width of the trench at the top of the pipe shall be not more
than the outside diameter of the pipe barrel plus 24". In all
cases, the trench width must be within these limits of width
and have vertical sides below a point 12" above the outside
top of the pipe. If the state of the material encountered
does not permit these conditions, the Contractor shall take
corrective measures and the trench shall be braced with
shoring and/or sheeting.
Material suitable for backfilling shall be piled in an
orderly manner a sufficient distance from the banks of the
trench to avoid overloading and to prevent slides or cave-ins.
All excavated materials not required or unsuitable for
backfill shall be removed and wasted as indicated or as
directed by the Engineer.
Where necessary to protect the labor, the work or
adjacent property, the Contractor shall provide and install
shoring. The material used shall be of suitable dimensions
and strength to prevent the settlement or movement of the
ground adjacent to the trench and to prevent damage to all
surface or subsurface structures. The adequacy and need of
the sheeting, shoring and bracing shall be the complete
responsibility of the Contractor. The shoring shall remain
in place until the backfill has proceeded to a point where it
can safely be removed, except that, if in the opinion of the
Engineer, damage is likely to result from withdrawing shoring,
it shall remain in place. The compensation for sheeting,
shoring and bracing shall be included in the unit price for
pipe. No separate payment will be made.
5 WATER LINE IMPROVEMENTS
I
If rock is present at the grade line of the trench, it
shall be excavated to an elevation at least 6" below all parts
of the pipe, valves or fittings, and to a clear width of 6"
on each side of all pipe and appurtenances. Adequate
clearance for properly jointing pipe laid, in rock trenches
shall be provided at bell holes. No explosives shall be used
in the excavation of rock. Excavation below subgrade in rock
shall be refilled to subgrade with gravel or selected backfill
approved by the Engineer.
A soft and yielding subgrade which, in the opinion of
the Engineer, will not properly support the pipe shall be
removed. The soft material shall be removed to firm soil or
a depth specified by the Engineer and the trench refilled to
the foundation grade of the pipe with gravel or select
material approved by the Engineer.
All excavation shall be dewatered before any
construction is undertaken therein. All pipe shall be laid
in dry trenches and all concrete shall be placed only upon
dry and firm foundation material. The Contractor shall pump,
bail or temporarily provide drainage for any water which may
be encountered. Backfilling shall not be commenced until the
trench has been dewatered.
(3) Bedding: Pipe bedding shall conform to the class specified.
When no bedding class is specified, the requirements for Class
"D" bedding shall apply.
Class "B" Bedding: Class "B" bedding shall consist of bedding
the pipe on an approved material having a minimum depth as
shown on the plans. The bedding, except in mucky conditions,
shall be sand or select material approved by the Engineer.
This material shall be uniformly tamped to a minimum density
of 90 percent of the maximum dry density of the material as
determined by AASHTO T-180. In mucky conditions, the bedding
material shall be gravel bedding.
Class "D" Bedding: Class "D" bedding shall consist of bedding
the pipe on firm soil excavated to provide uniform bearing for
the full length of the pipe barrel.
Bell holes shall be provided at each joint to permit '
the jointing to be properly made and prevent the joint of the
pipe from being a point of support. Whenever any portion of
the trench is excavated below grade, it shall be corrected
with thoroughly compacted material approved by the Engineer.
(4) Backfilling: All trenches shall be backfilled immediately
after the pipe is laid and approved. Such backfilling, before
testing, shall not relieve the Contractor of his
responsibility for correction of leaks in the line.
6 WATER LINE IMPROVEMENTS
The backfilling of all trenches shall be accomplished
by hand shoveling to the top of the pipe. The approved
material shall be placed in lifts and compacted to the
required density. The material shall be placed simultaneously
on both sides of the pipe. Backfilling above the top of the
pipe may be by mechanical means so long as the material
quality and compaction standards of this section are fully
satisfied.
All backfill material shall be free from cinders, ashes,
refuse, vegetable or organic material, boulders, rocks or
stones, chunks of highly plastic clay, frozen clods or other
material that in the opinion of the Engineer is unsuitable.
The moisture content of the backfill material shall be
controlled to provide for proper and adequate compaction.
Trench backfill density requirements vary with the
location and depth of the trench. The percentage of
compaction requirements for the various locations are minimum
densities which will be accepted. All densities specified
herein are based on the maximum dry density of the material
obtained by the Modified Method of Test for the Compaction and
Density of Soils as determined by AASHTO Designation T-180.
Location or Depth
Bottom of trench to 12" above the
top of the pipe
Upper portions of the trench not
under pavement
Subgrade under streets, driveways,
walks and paved areas:
Top 12"
Remainder of fill
Percent Compaction
90%
90%
95%
90%
A specific number of tests and location of tests will
not be designated herein, but tests shall be made at such
times and locations as may be directed by the Engineer or as
stated in other sections of these specifications. All tests
shall be performed by a laboratory selected by the Engineer.
Materials or workmanship which fail to meet
specification requirements, as determined by the tests, shall
be either replaced or reworked to meet requirements. Testing
shall be paid for by the Owner, except as cited in the Special
Conditions.
All trenches shall be backfilled, settled and the ground
restored to its original condition as soon as possible after
the pipe is installed. Any unnecessary delay in restoring
trenches shall constitute just cause for stopping all other
work until the trenches are so restored. The Contractor also
7 WATER LINE IMPROVEMENTS
I
shall refill trenches as often as necessary to bring them back ,
to original grade and during the period when settlement is
occurring, shall refill them frequently enough to maintain
traffic without hazard at all times.
If at any time within 24 months after •the completion
and final acceptance of the'work embraced in this contract,
there shall be any settlement of the trenches requiring
repairs to be made, the Owner may notify the Contractor to
make such repairs as may be necessary. Should the Contractor
fail to do so within fifteen days after the date of such
notice, or should the nature of such defect be such as to
require immediate attention, the Owner shall make such repairs
as may be necessary and bill the actual costs of such repairs
to the Contractor.
A
PIPE INSTALLATION:
(1) General: Pipe fittings and accessories shall be unloaded
near the place where they are to be laid in the trench. They
- shall at all times be handled with care to avoid damage.
Cutting of pipe shall be done by means of an approved type of
mechanical cutter.
(2) Placement of Pipe: Sections of pipe, fittings and accessories ,
shall be cleaned and inspected for damage immediately prior
to placement in the trench. All defective materials shall be
rejected. Pipe, fittings and accessories shall be placed in
the trench and shall be positioned utilizing hoisting
equipment. Pipe shall be laid true to line and grade, with
uniform bearing under the full length of the pipe barrel.
Jointing of pipe shall be accomplished in accordance
with the pipe manufacturers' recommendations. Gaskets and
lubricants shall be the type recommended by the pipe
manufacturer. The spigot end of the pipe shall be inserted
into the bell to the required depth and in such manner as to
avoid displacement of the gasket. Jointing of mechanical -
joint
pipe shall be accomplished such that the gland is
positioned evenly by tightening alternately the bolts spaced
180 degrees apart.
At times when pipe laying is not in progress, the open
ends of the pipe shall be closed by a watertight plug. This
provision shall apply during the lunch period, overnight, or
any other time when work is not in progress.
No pipe shall be laid in wet trench conditions that
preclude proper bedding, or on a frozen trench bottom, or when
in the opinion of the Engineer, the trench conditions or the
weather are unsuitable for proper installation.
1
8 WATER LINE IMPROVEMENTS
(3) Concrete Thrust Blocking: Concrete thrust blocking shall be
installed at the locations shown on the plans. The concrete
shall be placed between solid ground and the fitting to be
anchored. Care shall be taken to place the thrust block that
the pipe and fitting joints will be accessible for repair.
The shape and contact area of the concrete thrust blocks
shall be as shown on the plans and as directed by the
Engineer. The contact area of backing shall be as required
to prevent movement of the joint, but in no case shall the
contact area be less than one square foot.
(4) Connections to Mains: Connection of new water mains shall be
accomplished by installation of tapping sleeves and valves.
Bedding, backfilling, concrete blocking and other related
items shall be as specified in other sections of this
specification.
The main shall be connected and a corporation stop
installed near the point of connection to permit expelling
air from the line. Installation of the tap shall be as
directed by the Engineer.
C. VALVES AND APPURTENANCES:
(1) Gate Valves: Valves shall be cleaned of all foreign matter
before installation and shall be installed at the locations
shown on the plans or as directed by the Engineer. Valves
shall be set with operating stems in true vertical position.
Earth fill shall be carefully tamped around each valve
box for the full depth of the excavation for a distance of
not less than 4' on all sides or to the undisturbed wall of
the trench if less than 4'. A concrete collar shall be placed
on each valve box located outside of pavement surfaces or
sidewalks.
(2) Appurtenances: Adapters and special fittings shall be
installed at the locations shown on the plans. Repair clamps
shall be used when authorized by the Engineer.
D. FIRE HYDRANTS:
Fire hydrants shall be located and installed as shown on the
plans or as directed by the Engineer. All hydrants shall stand
plumb and shall have their nozzles parallel with or at right angles
to the curb, with the pumper nozzle facing the curb. Hydrants shall
be set to the established grade, with nozzles at least 18" above the
ground.
Each hydrant shall bt connected to the main with a 6" ductile
iron branch. A 6" gate valve shall be placed on this branch to
provide independent control of the hydrant.
9 WATER LINE IMPROVEMENTS
The shoe of each hydrant shall be well braced against
unexcavated earth at the end of the trench with concrete blocking,
or it shall be tied to the pipe with approved metal tie rods or
clamps. Concrete blocking shall be placed so that the drains and
_joints are accessible.
A drainage pit shall be provided at each fire hydrant.
Location and dimensions of the drainage pit shall be as shown on
the plans. Gravel shall conform to paragraph 601.04.I. of this
specification or as approved by the Engineer.
E. STREET CROSSINGS:
Installation of water mains at street crossings shall be in
open cuts unless boring is required on the plans or is authorized
by the Engineer. Excavation, trenching, backfilling and pipe
installation shall be as specified in other sections of this
specification and as shown on the plans.
Cuts made through existing asphalt or Portland cement concrete
pavement shall be as specified in Section 201 of these
specifications. Replacement of pavement shall be as shown on the
plans and as specified in Section 901 of these specifications.
Removal and
replacement of
existing
curbs and sidewalk shall
be as specified in
other sections
of these
specifications.
F. ABANDONED LINES:
Water lines which are to be abandoned shall remain in place
except where removal is required for construction of improvements.
Existing fire hydrants are to be abandoned. The abandoned fire
hydrants, gate valves, valve boxes and fittings shall remain the
property of the Owner.
Gate valves which are to be abandoned in place shall have the
valve boxes removed.
601.06 TESTING:
After the water lines have been laid as specified, the entire system shall
be given a hydrostatic pressure test and a leakage test. This may be done by
sections between valves as selected by the Contractor for his convenience.
These tests shall be performed by the Contractor in the presence of the
Engineer. The Contractor shall furnish all necessary pressure gauges, meters,
and pumps and make all taps and connections.
Each
valved section of pipe shall be slowly
filled
with water and the
specified
test pressure shall be applied by means
of a pump connected to the
pipe in a
manner satisfactory to the Engineer.
Before
applying the test
pressure,
all air shall be expelled from the pipe by
permanent taps or
corporation
cocks where necessary.
10 WATER LINE IMPROVEMENTS
It shall be the Contractor's responsibility to locate and repair any and
all leaks and defects that may develop. Even though the pipe line may pass the
leakage test, any leaks apparent at the ground's surface, any leaking joints,
fittings or appurtenances, or any other visible defects shall be repaired to the
satisfaction of the Engineer.
The hydrostatic and•leakage tests may be performed simultaneously, but
the duration of the test shall be not less than 2 hours. A pressure equal to,
or exceeding, the working pressure of the pipe and never less than 150 psi shall
be maintained throughout the test. No pipe installation will be accepted until
the leakage is less than the number of gallons per hour as determined by the
formula:
1/2
L = N.D P
7400
in which L is the allowable leakage, in gallons per hour;
N is the number of joints in the length of pipe tested;
D is the nominal diameter of the pipe, in inches;
P is the average test pressure during the leakage test, in pounds per
square inch gage.
601.07 DISINFECTION:
All materials, work, workmanship and methods shall be in accordance with
the latest revision of the American Water Works Standard C 601 for Disinfecting
Water Mains.
The lines shall be thoroughly flushed at a velocity of not less than 2.5
feet per second before the sterilization procedure is begun. The sterilizing
agent may then be introduced in any manner approved by the Engineer, that will
insure a uniform distribution.
The form of chlorine used for the disinfection may be either a liquid
chlorine gas -water mixture applied by means of a solution -feed chlorinating
device, or a mixture of water and a chlorine -bearing compound of known chlorine
content. The chlorine -bearing compounds that may be used are calcium
hypochlorite (HTH) and sodium hypochlorite. The preparation of these compounds
shall be as outlined in AWWA Standard C 601.
The chlorine mixture selected shall be used in such an amount as to provide
a dosage of chlorine in the system of not less than 50 mg/Liter and a residual
at the end of 24 hours of not less than 25 mg/Liter. All valves in the lines
being sterilized shall be opened and closed several times during the
sterilization period. Following a contact period of not less than 24 hours,
the chlorinated water shall be flushed from the lines until the chlorine content
of the water leaving the main is less than 1 mg/Liter unless otherwise directed
by the Engineer. Samples of water shall be taken by the Contractor as directed
by the Engineer and shall be submitted for analysis by the State Department of
Health. A copy of the test results shall be furnished the Engineer.
The sterilization procedures shall be repsated as necessary until all
samples indicate that the water is safe and approved by the State Department of
Health.
11 WATER LINE IMPROVEMENTS
[1
601.08 MEASUREMENT AND PAYMENT: '
The measurement and payment of the work included in this section of the ,
considered full compensation for furnishing all materials, labor, equipment,
tools, supplies and incidentals necessary to complete each item of work.
specifications, shall be at
the
contract unit
prices listed
in the proposal
for
the items of work. Payment
at
the contract
unit price for
each item shall
be
A. PIPE:
Water pipe will be measured by the linear foot along the
centerline of the pipe from center to center of intersecting lines
or to the point of connection to existing mains. Payment for water
pipe at the contract unit price for the size and type of pipe listed
in the proposal shall be considered full compensation for furnishing
and installing pipe, including excavation, backfilling, concrete
thrust blocking, testing, and disinfection, air release taps, and
related work.
Rock excavation will be measured by the number of cubic yards
of rock excavated, measured as follows: length will be measured
along the centerline of the pipe; width will be the actual width
used except in no case shall it exceed the maximum trench width
specified, and depth will be calculated at 25 foot intervals from
six inches below the invert to the top of the rock. When specified
as a pay item, and listed in the proposal, payment for rock
excavation measured as specified above will be made at the contract
unit price per cubic yard. Contractor shall notify Engineer when
rock is encountered and shall allow sufficient time for the Engineer
to measure limits of rock excavation. Payment will constitute full
compensation for all excavation and disposal of stones too large to
place in the trench. Removal of concrete or masonry structures will
be paid for as rock excavation except that no separate payment will
be made for removal of existing culvert pipe or for removal of
pavements or sidewalks unless otherwise specified in other sections
of these specifications.
Gravel or crushed stone bedding will be measured by the cubic
yard of material authorized by the Engineer, complete in place, and
will be measured as follows: Measurements at 25 foot intervals of
the width, depth and length of material measured along the
centerline of the pipe. Payment for gravel or crushed stone bedding
measured as specified will be made at the contract unit price per
cubic yard listed in the proposal. Payment will constitute full
compensation for all material, placement and compaction. No payment
will be made for material required for bedding where the specified
trench limits are exceeded.
Select backfill will be measured by the eubic yard of material
authorized by the Engineer, complete in place, and will be measured
as follows: Measurements at 25 foot intervals, of the width, depth
and length of material measured along the centerline of the pipe.
Payment for select backfill at the contract unit price per cubic yard
will constitute full compensation for all material, .hauling,
12 WATER LINE IMPROVEMENTS t
placement and compaction. No payment will be made for backfill where
the specified trench limits are exceeded. No payment for select
backfill will be made where on site material is used as backfill.
No separate payment will be made for disposal of excess on site
excavation.
B. FITTINGS:
Gray and ductile iron fittings shall be considered incidental
to the furnishing and installing, of water piping, and will not be
measured or paid for separately.
No
separate
payment
will be made
for
miscellaneous fittings,
adapters,
repair
clamps,
couplings or
other
appurtenances.
C. TAPPING SLEEVES AND VALVES:
Tapping sleeves and valves will be measured and payment made
according to the number of each size furnished and installed. Valve
Boxes, concrete thrust blocking, concrete collars and related items
will not be measured separately, but will be included as a portion
of the payment for tapping sleeves and valves.
D. GATE VALVES:
Gate valves will be measured and payment made according to
the number of each size furnished and installed. Valve boxes and
concrete valve box collars will not be measured separately, but will
be included as a portion of the payment for gate valves.
E. FIRE HYDRANT ASSEMBLY:
Fire hydrant assemblies will be measured and payment made
according to the number acceptably placed and approved. Payment
for the fire hydrant assembly at the contract unit price listed in
the proposal shall be considered full compensation for the hydrant,
gate valve, valve box, concrete collar, concrete blocking,
extension, the ductile iron pipe length between the line and the
fire hydrant and crushed rock for the drains.
F. TRACER WIRE:
Tracer wire shall be considered incidental to water line and
no separate payment will be made.
END OF SECTION 601, WATER LINE IMPROVEMENTS
I'l 13 WATER LINE IMPROVEMENTS
I
SECTION 701. EXCAVATION. TRENCHING AND BACKFILLING
I
F1
I
I
11
I
I
n
Il
I
In
I
I
701.01 SCOPE: ,
This work shall include all excavation, trenching, bedding, backfilling
and related items required for installation of sanitary sewer lines, structures I
and appurtenances.
701.02 MATERIALS:
A. GRAVEL BEDDING:
Granular material used for bedding shall be crushed stone or ,
gravel and shall be well graded containing several sizes of
particles ranging from 3/4 inch maximum to No. 4. Unless otherwise
approved by the Engineer, the material shall meet the requirements
of ASTM C 33, Gradation 67.
B. SELECT BACKFILL:
Select backfill shall be a granular material, maximum particle
size of 3 inches, graded from coarse to fine, conforming to AASHTO
classification A-1, A-2-4 or A-2-5, or a sandy or gravely clay
conforming to classification A-2-6 or A-6 with the exception that
the plasticity index shall not exceed 20.
The Contractor shall furnish, at his expense, test data to
indicate compliance of select material with this specification.
701.03 GENERAL: '
The trench shall be excavated so that the pipe can be laid to the alignment
and grade required by the plans. No deviation shall be made from the required
line or grade except with the written consent of the Engineer.
Whenever obstructions not shown on the plans are encountered during the
progress of the work and interfere to such an extent that an alteration in the
plans is required, the Engineer shall have the authority to change the plans
and order a deviation from the line and grade or arrange with the Owners of the
structures for the removal, relocation or reconstruction of the obstructions.
The excavation of trenches shall not advance more than 150 feet ahead of
the completed pipe work and completed backfill without permission from the
Engineer. All excavation shall be in open cut.
701.04 EXCAVATION:
The Contractor shall accurately excavate all the material encountered
within the lines and grades shown on the plans and as specified and established
by the Engineer.
I
1
Below a point 12" above the outside top of the pipe, the trench shall have
vertical sides and shall have a minimum width equal the pipe outside diameter
plus 18" and a maximum width equal the pipe outside diameter plus 30".
At any point where the width of the lower portion of the trench exceeds
these limits, corrective measures shall be taken by the Contractor. As directed
by the Engineer, the Contractor shall provide either pipe of adequate strength,
special pipe embedment, or a concrete cradle as required by the loading
conditions. These corrective items shall be furnished and installed by, and at
the expense of the Contractor, and no additional payment will be made.
Material suitable for backfilling shall be piled in an orderly manner a
sufficient distance from the banks of the trench to avoid overloading and to
prevent slides or cave-ins. All excavated materials not required or unsuitable
for backfill shall be removed and wasted as indicated or as directed by the
Engineer.
Where necessary to protect the labor, the work or adjacent property, the
Contractor shall provide and install shoring. The material used shall be of
suitable dimensions and strength to prevent the settlement or movement of the
ground adjacent to the trench and to prevent damage to all surface or subsurface
structures. The adequacy and need of the sheeting and bracing shall be the
complete responsibility of the Contractor. The shoring shall remain in place
until the backfill has proceeded to a point where it can safely be removed,
except that, if in the opinion of the Engineer, damage is likely to result from
withdrawing shoring, it shall remain in place. No separate payment will be made
for sheeting, shoring and bracing.
If the soil at the bottom of the trench is unstable and in such condition
that it cannot be properly graded, the trench shall be excavated to a depth
determined by the Engineer and backfilled to grade with crushed stone or gravel
well compacted by tamping.
All excavation shall be dewatered before any construction is undertaken
therein. All pipe shall be laid in dry trenches and all concrete shall be placed
only upon dry and firm foundation material. The Contractor shall pump, bail,
or temporarily provide drainage for any water which may be encountered.
Should the specified methods of dewatering the trenches be unsuccessful,
the trench shall be excavated to a depth of approximately 6" below grade. It
shall then be backfilled to grade with gravel bedding. A sump below the gravel
shall be formed to provide a place for a pump to take suction, and thus lower
the water level to a point below the bottoms of the pipe joints. The pumping
shall be continued until the joints have been placed, and the presence of water
will not injure them. Backfilling shall not be commenced until the trench has
been dewatered.
If rock is present above the grade line of the trench, it shall be
excavated to the grade required for placement of bedding. Rock shall consist
of sedimentary or other types of rock which cannot be excavated without the use
of rippers or impact hammers. Rock excavation shall include boulders and
deposits of concrete with a volume of 1/2 cubic yard or more. The trench shall
then be backfilled to grade with crushed stone or gravel. This backfill shall
be placed prior to the time the sewer pipe is laid. No explosives shall be used.
2 EXCAVATION, TRENCHING AND BACKFILLING
I
All excavated rock shall be removed from the site and shall be disposed of by
the Contractor.
701.05 BEDDING:
All pipe shall be fully embedded in granular material (gravel bedding) a
minimum of four (4) inches around the outside of the pipe.
Prior to installation of the pipe, the granular bedding shall be shaped
to provide uniform support for the bottom quadrant of the pipe barrel.
Placement of granular material on each side of pipe (haunching) and
immediately above the top of the pipe (initial backfill) shall be accomplished
in a manner which will prevent displacement or deflection of the pipe.
701.06 BACKFILLING:
All trenches shall be backfilled immediately after the pipe is laid and
approved. All backfilling shall be done by methods which will not disturb the
pipe _
Backfill material shall consist of on -site material excavated from the.
trenches except where the use of special backfill materials are required on the
plans or directed by the Engineer. On -site backfill material shall be free of
rocks, clods or frozen masses over three inches in diameter or organic matter.
Backfill material shall be approved by the Engineer prior to placement in the
trench.
Backfill up to a level of one foot above the top of the pipe shall be
placed by hand shoveling within the trench and shall be deposited in maximum
layers of 6". Each layer shall be compacted by tamping. Pipe shall not be
displaced during tamping of the backfill. Moisture content of the backfill
material shall be controlled as required to obtain the specified compaction.
From a point one foot above the top of the pipe, backfill may be placed
by any approved method which will not injure or disturb the pipe and will result
in the specified compaction.
Trench backfill density requirements vary with the location and depth of
the trench. The percentage of compaction requirements for the various locations
are minimum densities which will be accepted. All densities specified herein
are based on the maximum dry density of the material obtained by the standard
method of test as determined by AASHTO T-99, latest revision. Field density
determination shall conform to AASHTO T-238.
I
I
1
J
3 EXCAVATION, TRENCHING AND BACKFILLING
I
Location or Depth Percent Compaction
Bottom of trench to 12" above
' the top of the pipe 90%
Upper portions of the trench
' not under pavement 90%
Upper portions of the trench
under streets, driveways,
sidewalks and paved areas:
Subgrade (Top 6") 100%
' Remainder of fill 95%
When conflicts exist between these densities due to location or depth of
' trench, the higher density specified shall be obtained.
A specific number of tests and location of tests will not be designated
herein, but tests shall be made at such times and locations as may be directed
by the Engineer.
Materials or workmanship which fail to meet specification requirements,
as determined by the tests, shall be either replaced or reworked to meet
requirements.
• All trenches shall be backfilled, settled and the ground restored to its
original condition as soon as possible after the pipe is installed. Any
unnecessary delay in restoring trenches to their original condition shall
constitute just cause for stopping all other work until the trenches are so
restored. If at any time within 24 months after the completion and final
• acceptance of the work embraced in this contract, there shall be any settlement
of the trenches requiring repairs to be made, the Owner may notify the Contractor
to make such repairs as may be necessary. Should the Contractor fail to do so
within 15 days after the date of such notice, or should the nature of such defect
be such as to require immediate attention, the Owner shall make such repairs as
may be necessary, and bill the actual cost of such repairs to the Contractor.
701.07 MEASUREMENT AND PAYMENT:
' Trenching and backfilling will be measured by the number of linear feet
of trench, of the various depths acceptably excavated and backfilled, measured
along the centerline of the trench. Measurements of the depth acceptably
excavated and backfilled, measured along the centerline of the trench.
Measurements of the depth will be made from the original ground surface to the
flow line grade of the sewer line and will be made at 50 foot intervals and at
all abrupt changes on the ground profile.
Payment for trenching and backfilling measured as specified above will be
5L'6$l1dcf to p:pe Ce$ac.a,an} a" conneGkions.
' in the proposal. Payment will constitute full compensation for all clearing,
excavation, trenching, pumping, bracing, sheeting, backfilling, compaction,
disposal of excess material and for all incidental labor and materials necessary
to complete the work.
4 EXCAVATION, TRENCHING AND BACKFILLING
1
I '
The measurement and payment for pipe, structures, pavement replacement t
and related items is specified in other sections of these specifications.
I 1
ii i
I '
a '
I '
I
I ,
I 1
I '
I '
i 1
I '
I '
END OF SECTION 701, EXCAVATION, TRENCHING AND BACKFILLING
5 EXCAVATION, TRENCHING AND BACKFILLING
SECTION 840. TRAFFIC PAINT PAVEMENT MARKINGS
DESCRIPTION:
This item shall consist of furnishing and placing traffic paint pavement
markings including words, arrows and emblems, of the color and type specified,
and the removal of pavement markings in accordance with these specifications,
and in conformity with the dimensions and at the locations shown on the plans
or as directed by the Engineer.
The markings are to be placed under local traffic conditions. The work
shall meet the requirements of the Manual of Uniform Traffic Control Devices
(MUTCD) except as modified by these specifications.
840.02 MATERIALS:
A. GENERAL:
These specifications cover a ready mixed alkyd resin,
chlorinated.iubber, chlorinated paraffin based white and yellow
paint suitable for application on concrete and bituminous pavements.
Yellow paints may be supplied as either formulation A or B unless
otherwise indicated.
The paint must be capable of being successfully applied by
various types of traffic marking equipment at elevated temperatures
up to approximately 120 degrees F.
The paint shall be homogeneous, well ground, shall not settle
badly or cake in the container and shall be readily broken up with
a paddle to a smooth, uniform consistency. It shall be free from
water, dirt or other foreign matter and shall dry within the
specified period to a good, tough serviceable film.
All materials used in the manufacture of these paints shall
meet the requirements herein specified. Minor ingredients not
specifically covered will be left to the discretion of the
Manufacturer except that the finished product shall not be adversely
affected. The suitability of raw materials from different sources
for use in these paints will be the responsibility of the
Manufacturer. Reactive or unstable products causing excessive
viscosity or container instability will be cause for rejection of
the paint.
The paint shall conform, on a weight basis, to the composition
requirements of the formulation as closely as accepted good paint
practice will permit. No intentional variation will be permitted
except for replacement of volatiles lost in processing.
B. SPECIFICATION FOR RAW MATERIALS FOP PIGMENTS:
(1) Anatase Titanium Dioxide shall comply with the latest revision
of ASTM D-476, Type 1.
1
(2) Calcium Carbonate:
• CaCO 97% Min.
H O 0.4% Max.
Specified Gravity 2.62 - 2.73
Ret'd No. 325 Sieve 0.75% Max.
(3) Magnesium Silicate shall comply with the latest revision of
ASTM D-605.
(4) Lead free zinc oxide shall comply with the latest revision of
ASTM D-79.
(5) Normal Lead Silico Chromate:
Specific Gravity
3.8 Minimum
Weight
per Gallon,
lbs.
31.6 Minimum
Oil Absorption,
g.
per 100 g
14 to 17
Average
particle size
_
6 Microns
Percent
retained on
325 sieve
0.30 Maximum
Percent
Lead Oxide
(Pb0)
31.5 to 35.0
Percent
Chrome Trioxide (Cr03)
14.0 to 15.7
Silica,
Silicates &
Carbonates
Balance
(6) Medium Chrome Yellow shall comply with the latest revision of
ASTM D-211, Type III.
SPECIFICATIONS FOR RAW MATERIALS FOR VEHICLES:
(1)
Alkyd Resin Solution:
(a) General:
Type: Pure drying alkyd
Length: Medium
Type Oil: Soya or linseed
Compatibility: Tolerates 500 percent dilution with
VM or P Naphtha. A solution
containing 100 grams of chlorinated
rubber, 130 grams of 60 percent alkyd
and 290 grams of methyl ethyl ketone
shall be clear, transparent, and show
no separation after 24 hour storage
in a 3/4 full test tube at 80 ± 5
degrees F.
2 TRAFFIC PAINT PAVEMENT MARKINGS
l�
C
FE
11
I
I
[1
I
I
I
(b) Solid Resin Basis:
Percent Phthalic Anhydride 33 to 37
Percent Fatty Acids 48 to 55
Acid Number, Max. 8
Ash Residue, Max. 0.05%
Unsaponifiables, Max. 1.0%
Iodine Number of Fatty Acids, Min. 115
Refractive Index of Fatty Acids, Min. 1.4660
(c) 45 Percent Solids Basis:
Color, Gardner 1953 Stds. 9 Max.
Viscosity, Gardner-Holdt Tubes D to G
Drying Time: A 3 mils thick film of the Alkyd shall
set to touch in not more than 90
minutes. Driers shall be 0.06 percent
• cobalt (metal) and 1.0 percent lead
• (metal), based on resin solids.
* Reduced from 60 percent solids with VM and P Naphtha.
(2) Soya Lecithin: This Material shall be of suitable quality
for use in the manufacturing of paint.
(3) The Chlorinated Rubber Shall have the Following Properties:
Chlorine 65 to 69%
Color (Gardner, 20% by weight in
Toluene) 4 Max.
Viscosity (20% by weight in Toleune) 17 to 25 cps.
(4) Chlorinated paraffin shall comply with the latest revision of
MIL -C-429, Type I.
(5) Methyl ethyl ketone shall comply with the latest revision of
ASTM D-740.
(6) Xylene shall comply with Federal Specification TT -X -916b,
Grade B.
(7)
Toluene shall comply with
the latest revision
of ASTM D-362.
(8)
Petroleum Naphtha shall
comply with Federal
Specifications
TT -N -95a.
(9) Aromatic Naphtha shall comply with Federal Specifications
TT -N-97.
D. PHYSICAL REQUIREMENTS OF THE FINISHED PAINT:
(1) Drying Time: the paint shall dry to a no -pick-up in not more
than 5 minutes without glass beads when tested in accordance
with the latest revision of ASTM D-711 except that the film
I
3 TRAFFIC PAINT PAVEMENT MARKINGS
will be applied at a wet film thickness of 15 mils. When
applied under field conditions with normal hot spray
application with drop -on beads the paint shall dry to a no -
tracking condition in not more than 3 minutes.
(2) The daylight directional reflectance of the white paint
(without glass spheres) shall not be less than 80%, the yellow
paint (without glass spheres) shall not be less than 48%, when
tested in accordance with the latest revision of ASTM E-97.
In addition the yellow paint shall visually match Federal
Standard 595-A Color Number 33538. These limits shall also
apply to the yellow paint.
E
a H -,
The visual comparison shall be made with standard yellow
Federal Color Tolerance chart for highway signs and markings
obtainable from the U.S. Department of Transportation, Federal
Highway Administration, Washington, D.C. 20591.
(3) Contrast Ratio: The paint shall have a minimum ratio of 0.97
when applied at a wet film thickness of 15 mils. The wet film
shall be applied to a color matching panel (Morest, form 1010P
or Equal). After air drying for 24 hours, measure daylight
45 degrees, directional reflectance of white and black
sections. Contrast Ratio = Black/White.
(4) Bleeding Ratio: The paint shall have a minimum bleeding ratio
of 0.94 when tested in accordance with Federal Specification
TT -P -85e. Except, the Asphalt saturated felt shall be
Standard 15# roofing felt. The paint shall not check or crack
on asphalt saturated felt (15 lb.) indicating unsuitability
for use on fresh asphalt overlays. Any checking or cracking
on the felt or on fresh asphalt cores will be cause for
rejection.
GLASS BEADS:
Glass beads for use on traffic line paint shall be clear,
colorless and clean and of such character as to permit their
embedment in a pigmented binder having their upper surface exposed
to permit the refracting of light rays. The beads shall be of such
character that when applied to a traffic line paint they shall embed
to approximately their equator in the paint film.
(1) Refractive Index: The spheres shall have an average index of
refraction not less than 1.50 when tested by the liquid
immersion method of 25 degrees C.
4 TRAFFIC PAINT PAVEMENT MARKINGS
I
C
C
(2) Size:
U.S. Standard Sieve No. Percent Passing by Weight
U.S. 40 90 - 100%
U.S. 80 0 - 10%
(3) Percent Spheres: A minimum of 75% (by weight) of the spheres
shall be true spheres.
(4) Flotation: A minimum of 90% of the glass spheres shall float
on eylol (Aromatic solvent) or minimum of 75% of the glass
spheres shall float on heptane (aliphatic solvent) when tested
as follows:
A single layer of spheres shall be spread on a clean,
inverted pint tin can lid. Solvent shall be slowly introduced
with a syringe of dropper at the edge of the lid until it
overflows. The percentage of spheres floating on the solvent
surface shall be estimated visually.
(5) Color: The glass spheres shall be colorless to the extent
that they impart no objectionable day or nighttime hue to the
binder when applied at concentration equal to those used on
road surfaces.
840.03 CONSTRUCTION REQUIREMENTS:
A. MARKING EQUIPMENT:
Markings shall be applied by equipment that has been developed
for application of paint or paints of the type indicated. Where
drawings indicate, the machine shall be capable of applying traffic
marking paint, both reflective and non -reflective, in either solid
lines or skip lines, or a combination of both.
Equipment used to apply glass beads shall be so constructed
that the amount of glass beads applied may be readily adjusted and
.operate simultaneously with the paint application, placing glass
beads over the full width of applied paint. Where drawings require
the use of a skip line application, the machine shall be readily
equipped with a skip line mechanism capable of applying the paint
at the cycle indicated. Marking machine shall permit a sharp, clear
line definition when applying the paint. Paint storage tanks of 30
gallon capacity or more shall be equipped with a mechanical
agitator.
B. SURFACE RESTORATION:
Any preparation required prior to application of paint will
be performed by the Contractor. Surfaces on which markings are to
be applied shall be thoroughly cleaned of scale, dirt, mud, oil,
grease or other foreign material. Markings shall be applied only
5 TRAFFIC PAINT PAVEMENT MARKINGS
I
when surfaces are thoroughly dry and when the air temperature is a
minimum of 40 degrees F. and rising.
Conflicting paint or thermoplastic pavement markings shall be
removed by blasting with water or sand or by grinding. This
blasting and grinding is considered pavement marking removal.
C. APPLICATION OF MARKINGS:
All dimensions, spacings and locations of markings shall be
as indicated on the drawings. The paint shall be applied at the
rate of one gallon to approximately 110 square feet of surface area.
In no event shall the application exceed 120 square feet of surface
area per gallon. The Contractor shall use such guidelines, string
lines, templates and forms as required to obtain workmanship of the
highest grade throughout. The Contractor shall use appropriate and
approved methods to produce straight lines on tangents and a smooth
uniform line on curves. All lines shall be uniform in width and
shall have clean cut edges and ends, without fuzziness. The
operation of application equipment will be qualified, skilled
technicians to insure that the best standard of practice for the
equipment is complied with.
840.04 METHOD OF MEASUREMENT:
A. Completed and accepted traffic paint pavement markings will be
measured by the linear foot of material actually placed.
B. Completed and accepted Words and Arrows will be measured by the
unit.
C. Completed and accepted Railroad Emblems will be measured by the
unit.
D. Surface preparation will not be measured and paid for directly but
will be considered a part of the item Traffic Paint Pavement
Marking.
E. Pavement Marking Removal will be measured by the linear foot of
marking actually removed.
F. When any pavement markings are removed in conjunction with the
removal of the pavement either on detours or during stage
construction, or covered over with successive courses, the removal
of the markings will not be measured for payment.
840.05 BASIS OF PAYMENT:
A. Work completed and accepted under the item of Traffic Paint Pavement
Markings will be paid for at the contract price bid per linear foot
in place, which price shall be full compensation for furnishing and
installing markings; and for all labor, tools, equipment, surface
preparation and incidentals necessary to complete the work.
6 TRAFFIC PAINT PAVEMENT MARKINGS '
Ii
SECTION 904, RIPRAP
904.01 DESCRIPTION:
This work shall consist of furnishing and placing riprap protection in
accordance with these specifications and as shown on the plans or directed by
the Engineer.
904.02 MATERIALS:
A. STONE:
Stone for riprap shall be sandstone or limestone and shall be
hard, sound and durable. The stones shall consist of field stone,
quarry stone or crushed stone approximately rectangular in section.
Tests for weight and absorption will be determined in accordance
with ASTM C 97, "Tests for Absorption and Bulk Specific Gravity of
Natural Building
Stone".
The minimum weight
shall
be
140 pounds per
solid cubic foot
L
and the
maximum absorption
shall
be
6 percent.
Type I Riprap: Stones shall have an average size of 30 to 50
pounds with not more than 20 percent weighing less than 20
pounds. Maximum size of stone shall be 200 pounds.
Type II Rioran: Stone size shall conform to the following
gradation:
Lighter By Weight Weight
100% 133-53 Lbs.
50% 39-27 Lbs.
15% 20- 8 Lbs.
Dirt or fines less than one-half inch shall not exceed
five percent by weight.
B. FILTER FABRIC:
The filter fabric shall be a woven or unwoven synthetic fiber
geotextile conforming to the requirements of AASHTO M 288. Filter
fabric shall be similar to Mirafi 140 N or Dupont Typar Style 3601,
or approved equal.
904.03 CONSTRUCTION REQUIREMENTS:
Prior to placing filter fabric and riprap, the areas to be protected shall
be shaped as shown on the plans.
A. FILTER FABRIC:
Filter fabric shall be placed directly on the prepared surface.
Fabric sections may be placed vertically or horizontally on the
slope. Adjacent fabric sections shall be joined by overlapping a
I
minimum of 2' at the edges and pinning the overlapped strip with U-
shaped
wire pins or similar fasteners. Fasteners shall be inserted
• through both strips of overlapped fabric at increments approximately
4' along the overlap. Additional pins shall be installed as
-necessary to prevent displacement of the fabric.
Fabric shall be overlapped in the direction of water flow.
The fabric shall be turned down and buried approximately 12" at the
exterior limits.
No construction equipment will be permitted directly on the
fabric.
B. RIPRAP• '
The riprap shall be placed in one layer of the thickness and
at the location shown on the plans and as directed by the Engineer.
The larger stones shall be well distributed and the finished riprap
shall be free of objectionable pockets of small stones. Riprap may
be placed by dumping or by machine provided proper distribution of
material is achieved. Hand placing may be required,. but only to the
extent necessary to secure the results specified. Placing riprap
by dumping into chutes or other methods likely to cause segregation
will not be permitted.
Riprap stone shall not be deposited in a manner that will
cause damage to the filter fabric. Any damage to fabric during
placement of riprap shall be corrected by the Contractor at no cost
to the Owner. Damaged fabric shall be repaired or replaced as
directed by the Engineer.
904.04 MEASUREMENT AND PAYMENT:
Riprap will be measured by the cubic yard or by the ton. When measured
by the cubic yard, the volume to be included will be the product of the thickness
multiplied by the area as shown on the plans or authorized by the Engineer.
Filter fabric will be measured by the square yard; laps and turned down edges
will not be measured.
Payment for riprap by the cubic yard or ton, as provided in the bid form,
shall be full compensation for furnishing and placing riprap, preparation of
subgrade, and related work. No separate payment will be made for toe trenches,
backfill or excess thickness of riprap.
Payment for filter fabric at the unit price per square yard shall be full
compensation for furnishing and installing fabric and fasteners and for
furnishing and installing fabric and fasteners and for excavation and backfill
related to fabric placement.
I
P.
RIPRAP '
ii
Payment will be made under:
Pay Item Pay Unit
Riprap Type I Cubic Yard or Ton
' Riprap Type II Cubic Yard or Ton
Filter Fabric Square Yard
INEND OF SECTION 904, RIPRAP
'RIPRAP
SECTION 906 HANDRAIL
906.01 DESCRIPTION:
This item shall include furnishing and installing handrails including t
anchorages and appurtenances.
906.02 MATERIALS:
!!
Steel railing materials shall be welded or seamless steel pipe conforming
to the requirements of ASTM A 120, structural steel conforming to ASTM A 36, or
tubular sections of hot rolled mild steel conforming to ASTM A 501. Minimum wall
thickness shall be 10 gauge. All steel railings shall be galvanized in
accordance with ASTM A 123.
The base metal for aluminum railing shall be ASA alloy designation 6063-
T6. Pipe and tubing shall be extruded conforming to the requirements of ASTM
B 429, plates and sheets shall be rolled conforming to ASTM B 209, and rods,
bars or shapes -shall be extruded conforming to ASTM B 221.
Welding shall conform to the requirements of the AWS Structural Welding
Code for steel and to the requirements of the "Specifications for Aluminum
Structures" of the Aluminum Association, for aluminum alloys. All exposed welds
shall be ground flush with adjacent surfaces.
Shop drawings showing details and dimensions of railings shall be submitted
for approval.
906.03 CONSTRUCTION REQUIREMENTS: 'I
Handrail of the size and type shown shall be constructed in accordance
with details shown on the plans and in conformance with the requirements herein.
It shall be constructed to the alignment and grade designated on the plans. Shop
fabricated railing shall be of such uniformity as to insure good joints and
continuous lines after erection. Any appreciable amount of cutting, bending or
filling required on erection to produce a reasonable fit shall be cause for
rejection of the rail. Unless otherwise shown on the plans, rail posts shall
be erected plumb, with the top rails parallel to the grade indicated on the plans
or to the surface of the structure on which the rail is mounted.
The method of mounting or attachment shall be in accordance with the detail
shown on the plans or the approved shop drawings. At points of connection to
concrete or steel, aluminum members shall be separated by a rubber pad, 1/8"
minimum thickness, unless otherwise specified.
Galvanized handrail on which the galvanizing has become scratched or
otherwise damaged shall be repaired by painting the damaged areas with zinc
oxide paint.
906.04 MEASUREMENT AND PAYMENT:
The various types of handrail will be measured by the linear foot from
end to end along the face of the railing.
1
The price paid per linear foot for railing in place shall include full
compensation for furnishing all labor, materials, tools and equipment and
performing all work involved in constructing the handrail complete in place, as
shown on the plans and specified herein.
END OF SECTION 906, HANDRAIL
2 HANDRAIL
J
DIVISION 17 - SEWERS
ITEM 1701 SEWER LINES
1701-1.0 DESCRIPTION:
The work shall consist of installing sewers of the
various type, weight, classes and/or designated working
pressures set out in the Proposal,
1701-2.0 MATERIALS:
All pipe shall be of the type, weight, class and/or
designated working pressure shown on the plans, set out
in the Detailed Specifications or as set out in the
Proposal and accepted by the Owner. The Contractor
shall, unless otherwise specified, furnish all
material, equipment, tools, and labor necessary to do
the work required under this contract and unload, haul,
and distribute all pipe, castings, fittings, valves,
and accessories.
I/
10
A. Plastic Sewer Non -Pressure Pipe;
Cl) P.V.C. sewer pipe and fittings shall conform to
the applicable requirements of the latest revision
of ASTM specification fl -3034. The plastic used
shall have a cell classification of 12454-B as
defined in the ASTM D-1784.
(2) The standard joint type shall meet ASTM D-3212, and the
gasket shall meet ASTM F-477. Bells shall be integral
type bell.
(3) Pipe sections shall not exceed 20 feet in length. All
• pipe sections shall be straight and true in alignment.
(4) Pipe and fittings shall be tested in
accordance with ASTM specifications D-2412,
• D-2152, and D-2444.
(5) A written agreement shall be made between the
• purchaser and the seller making certification
the basis of acceptance of the material.
This shall consist of a copy of the
manufacturer's test report or statement by
the seller, accompanied by a copy of the test
results, that the material has been sampled,
tested and inspected. Each certification
shall be signed by an authorized agent of the
seller or manufacturer.
iJ
B. Plastic Sewer Pressure Pipe:
' Plastic pipe for sewer lines shall be unplasticized PVC
semi -rigid pipe of the type (SDR) or (DR) shown in the
Proposal. All materials shall bear the stamp of
' approval from the National Sanitation Foundation for
handling water. Pipe shall have an integral bell and
spigot type joint.
The joints shall be of the rubber ring type conforming
to ASTM-D1869.
The pipe shall be furnished in twenty foot (20) lengths
maximum with random lengths ten (10) feet long.
' All pipe and fittings shall be made from clean, virgin,
Type I, Grade 1, PVC in accordance with ASTM Resin
Specification D1784 as amended and/or revised and in
accordance with the ASTM D2241, AkWA C 900, and product
standard PS 22-70.
The pipe shall meet the following physical and chemical
requirements at 73m F., (+/-3° F.)
Quick -Burst Test - Randomly selected samples tested in
' accordance with ASTM 1599-62T method shall withstand
without failure a pressure of 640 PSI (8,000 lbs. hoop
tensile stress) applied in 60 to 90 seconds. One
'' specimen shall be run per shift per extruder.
Sustained Pressure Test - Randomly selected samples
' tested in accordance with ASTM 1599-62T method shall
withstand without failure a pressure of 640 PSI (8,000
lbs.) hoop tensile stress) applied in 60 to 90 seconds.
One specimen shall be run per shift per extruder.
Sustained Pressure Test - Randomly selected samples
tested in accordance with ASTM58T shall withstand
without failure for 1,000 hours a pressure of 400 psi
(5,000 lbs. hoop tensile stress). One specimen shall
be run every 500 hours per extruder.
Acetone Immersion Test - One (1) inch wide rings cut
from randomly selected pipe shall be placed in a sealed
4 container of anhydrous (99.52 pure) acetone. There
shall be no visible spalling, cracking or splitting
• after two hours exposure (swelling or softening is not
a failure). One specimen shall be run per hour per
' extruder.
I
Vice - Two (2) inch wide rings cut from randomly
selected pipe shall be placed between two flat parallel
plates and compressed in less than one minute until the
inside faces touch (1OOX flattening). There shall be
no visible evidence of splitting, cracking or
shattering. One specimen shall be run per shift per
extruder.
Drop Impact Test - Six (6) inches long randomly
selected pipe sections shall be placed horizontally in
a "V" block (including angle 90°) and subject to a
single impact load from a freely falling missile having
a 1/2 inch diameter rounded 1 inch long nose. There
shall be no visible evidence of shattering or splitting
(denting is not a failure) when the following energy is
imposed (6 sections shall be run per shift per
extruder).
Nominal Pipe Size:
Foot - Pounds:
Nominal Pipe Size:
Foot - Pounds:
Nominal Pipe Size:
Foot - Pounds:
1" 1-1/4" 1-1/2" 2" 3" SDR-21
I'
I
I
L1
I
u
18 20 27 37 67
4" 6" 8" SDR-21
86 100 100
4" 6" 8" 10" 12" DR -18
120 120 120 120 120
For static pressure in excess of that shown above, the
standard dimension ratio and pressure class shall be in
the proposal.
The manufacturers of all plastic pipe must be a member
of the plastic pipe institute or AWWA and shall have
manufactured the pipe and joint for a period of not
less than five (5) years.
Fittings for PVC pipe shall be cast iron mechanical
joint unless specified otherwise. The Contractor shall
provide the Engineer with submittal drawings of all
proposed fittings for the Engineer's review and
approval. Each shall meet ANSI 21.10 and A21.4
specifications.
C. Cast Iron and Ductile Iron Pipe and Fittings:
Cast iron pipe shall conform to the latest revised AWWA
Specifications CIO1 or ANSI A21.1. Pipe shall be
designed for ten (10) feet of cover minimum, trench
condition "B" and shall have minimum tensile strength
TS- 1701-3
I
I
I
J
I
I
I
I
I
' of 21,000 psi and a minimum modulus of rupture of
45,000 psi unless specified otherwise. Pipe shall be
suitable for a working pressure of 300 psi.
The minimum nominal metal thickness for cast iron pipe
shall be, unless otherwise specified in the proposal,
Size of Pipe Minimum Nominal Thickness Class
6" 0.35 22
6" 0.35 21
if 8" 0.35 20
10" 0.41 21
Il 12" 0.44 21
14" 0.51 22
if 16" 0.54 22
18" 0.58 22
Ductile iron pipe shall be in accordance with ANSI
Standard A21.50 or AWWA C150 and C-151. Pipe shall be
designed for ten (10) feet of cover minimum, type "2"
laying condition unless specified otherwise. Pipe
thickness and class shall be as follows:
F Size of Pipe Minimum Nominal Thickness Class
I'
' 4" 0.26 350
6" 0.25 350
8" 0.27 350
' r 10" 0.29 350
12" 0.31 350
14" 0.33 250
16" 0.34 250
18" 0.35 250
Pipe shall be cement -lined conforming to the latest
revision of ANSI A21.4 or AWWA C104.
Fittings shall conform to ANSI A21.10 and AWWA C110 and
C111 and shall be cement -lined conforming to ANSI
A21.4. All fittings shall be mechanical joint.
All pipe and fittings shall be wrapped with 8 mil
polyethylene wrap in accordance with AWWA C105.
D. Acrylonitrile - Butadiene - Styrene (ABS) Composite
Sewer Piping (Truss Pipe)
Acrylonitrile - Butadiene - Styrene (ABS) Solid Wall
Sewer Pipe and Fittings
ABS composite pipe shall conform to ASTM Designation D-
2680. Minimum pipe stiffness (F/Y shall be 200 PSI.
ABS Solid Wall pipe shall be either SDR 35 with a
minimum stiffness (F/Y) of 45 PSI or SDR.23.5 with a
minimum stiffness of 150 PSI. ABS Solid Wall pipe
shall be manufactured from Virgin Acrylonitrile-
Butadiene -Styrene conforming to ASTM Designation D -
17B8, and may be used for service lines only.
FITTINGS- '
All fittings for ABS composite pipe shall conform to 1
ASTM Designation D-2680. Either tee or wye saddles or
factory made tees ❑r wyes may be used. A rubber gasket
shall be placed around the pipe near the center of the
manhole wall as a waterstop.
JOINTS:
All joints shall be made with solvent and cement in
which the pipe solvent cements into a coupling socket
to form the joint closure.
E. Vitrified Clay Pipe:
Vitrified clay pipe shall be plain end pipe conforming
to the extra strength requirements of ASTM C-700,
latest revision. Pipe shall be joined using a
compression sleeve manufactured to conform to ASTM
specification C-425, latest revision.
CONNECTING DISSIMILAR PIPE MATERIALS: ,
Suitable adapters shall be used for joining dissimilar
materials or for repair of similar materials and shall
be of either the insert type or the banded coupling
type. The adapter and band material shall be of
materials which will pass the strength and chemical
requirements ❑f the current ASTM Designation: C-594.
All banded maintenance couplings and adapters shall
bear the manufacturer's identifying mark and size.
F. Sewer Service Lines:
Wyes, tees and other sewer service line pipe and
fittings shall be of the same materials and meet the
same specifications as the mainline sewer line unless
specified otherwise. All fittings shall be
manufactured by or approved by the mainline sewer pipe
manufacturer, unless specified otherwise.
Where specified, cast iron no -hub soil pipe meeting '
ASTM A-74 connected by a stainless steel no -hub ASTM
TS- 1701-5 1
I
A-74 connected by a stainless steel no -hub coupling
assembly shall be used.
G. Sewer Air Release Valves;
Sewer air release valves shall be a 2" Apco 400 or
equal unless specified otherwise.
H. Sewer Air Release Vacuum Valves:
Sewer air release, air vacuum valves shall be a 2" Apco
401 or equal unless specified otherwise.
I. Seal Manhole Ring and Cover:
Seal manhole rings and covers shall be Neenah R -1916-F
or equal unless specified otherwise.
TS -1701-6
I
I
1701-3.0
A.
CONSTRUCTION METHODS
Planning and Execution of Work:
The construction work included under these
specifications, shall be so planned and executed that
the various portions of the work will be carried on
concurrently and the whole completed within the time
allowed. The Contractor shall coordinate with the
Owner and Engineer and when requested by the Engineer
shall complete certain sections of the system and put
them in operation prior to completing all the work.
FIGURE 33 - TRENCH CROSS-SECTION SHOWING TERMINOLOGY
TS -1701-7
I
LI
I
I
I
I
I
I
I
I
L■
I
Excavation - Trenching:
DESCRIPTION:
All excavation shall be carried accurately to the line
and grade shown on the Plans or as may be established
by the Engineer. When excavation carried below or
beyond that required, except upon authorization by the
Engineer, that space shall be filled with selected
material as approved by the Engineer properly
compacted, or filled with concrete in accordance with
the Engineer's instructions. No claim for additional
compensation shall be made unless the Engineer has so
authorized the over -excavation in writing.
All excavation shall be dewatered before any
construction is undertaken therein. Concrete shall be
placed only upon dry, firm foundation material.
The Contractor's attention is called to his
responsibility for determining, by boring or other
means satisfactory to him, the trenching and excavating
conditions expected to be encountered during the
construction work. Sewer lines shall be laid only in
dry ditches by using adequate and efficient dewatering
methods.
1. Unclassified Excavation: Unclassified
excavation shall include all types of
excavation, both rock and common, with no
distinction made between the two. The
Contractor will be required to excavate an
additional 6" in depth below invert grade if
rock is encountered.
Unless a rock quantity is shown in the
• bid schedule, all excavation shall be
considered as unclassified excavation.
2. Classes of Excavation:
a. Common: Common excavation shall include
all kinds of earth, water, quicksand, soils,
sand, clay, shale, loose rock, disintegrated
chert, rotten sandstone and boulders found in
the trench measuring one-half (1/2 cubic
yards or less. No additional payment will be
made for water or unexpected obstructions
encountered in the excavation. The bidder
should determine for himself the conditions
TS -1701-8
ii
that will be encountered and include such
portions of possible additional costs in his
unit bid price that may seem to him to be
advisable.
Information and data furnished or referred to
concerning the underground condition to be
encountered are not intended to be
representations or warranties, but are
furnished for information only. It is
expressly understood that the Owner will not
be responsible for any interpretation or
conclusion drawn therefrom by the Contractor.
b. Rock: Rock excavation shall include all
solid or stratified rock or shale in place
that cannot be excavated efficiently by hand,
power shovels, or draglines, well operated by
skilled operators, without continuous and
systematic blasting, and also all boulders or
rock fragments 1/2 cubic yard or greater in
volume,
"Excavated efficiently", as used in this
classification, will be interpreted to mean
that where formation rock can be excavated at
a lower cost per cubic yard of useful
excavation by blasting, barring, or wedging,
it shall be so excavated and will be
classified as rock.
If the Contractor elects to blast material
other than formation rock, he may do so, with
the approval of the Engineer, but such
material will not be classified as rock.
3. Sewer Trench:
In order to avoid superimposed loading in
excess of that of the designed and specified
pipe strength and to provide sufficient room
for proper installation and bedding of sewer
pipe, the trench width for the pipe sizes
shall be kept within the limits specified
below:
TS- 1701-9
Li
I
I
I
[1
I
I
I
I
I
I
Li
I
I
I
I
I
Inside Pipe Diameter Maximum Width of
Trench at Top of Pipe
6" - 10" 27"
12" - 15" 33"
• 18" - 21" 39"
24" - 27" 45"
30" - 36" 54"
If it becomes
necessary
to
reduce the earth
load
on
the
trench banks
to prevent
sliding
and caving,
it will
be
permissible to cut the trench banks on a slope above an
elevation two feet (2') above the top of the pipe.
The specified maximum width at the top of the pipe
shall not be exceeded, except at points where the
combined superimposed earth and live loads on the pipe
are sufficiently low to permit an increase in trench
width as authorized by the Engineer.
Except where special bedding is required and except as
specified herein, rough excavation for sewers shall be
carried to a point slightly above the finished grade as
established by the Engineer. Immediately prior to
installing the pipe, the bottom of the trench'shall be
accurately graded to the exact grade requirements.
ir
1
The Contractor will be required to keep the side of the
excavation vertical, except as hereinbefore specified.
Shoring, if used, shall remain in place until the
backfill has proceeded to a point where it can safely
be removed, except that, if in the opinion of the
Engineer, damage is liable to result from withdrawing
sheeting and shoring, it shall remain in place.
However, when sheeting or shoring is driven to the
depth below the elevation of the top of the pipe, that
portion of the sheeting or shoring below the elevation
at the top of the pipe shall not be disturbed or
removed. Whenever sheeting or shoring is driven for
the protection of trench walls below the water table,
no portion of such sheeting or shoring below a point
four feet (4') over the top of the pipe shall be
removed.
Excavation for manholes and other appurtenances shall
be sufficient to leave not less than twelve inches
(12") in the clear between their outer surfaces and the
embankment or timber which may be used to protect them.
The
excavation of
sewer
trenches shall
not advance more
than
three hundred
feet
(300') ahead of
the completed
TS- 1701-10
work and backfill, except by permission of the
Engineer. A disregard of this instruction shall, at
the discretion of the Engineer, result in written
notification that further excavation will not be
considered for payment, until the pipe laying and
backfill operations have proceeded to a point where the
above stated condition is satisfied. It is the intent
of this Specification that any unnecessary delay in
trenching, pipe laying, backfilling, repairing, and
maintaining of special surfaces cut, and the proper
maintaining of the work following the backfilling
operation, without just cause, shall, at the discretion
of the Engineer, result in a written notification to
stop trenching operations until such conditions are
satisfactorily attended to.
Trenches for force mains shall be of the width and
•
depth necessary for the proper installation of the
pipe. All force mains shall be laid in trenches of
such depths as to provide a minimum of twenty-four
inches (24") over the top of the pipe unless otherwise
noted on the Plans.
The cost of all excavation including rock excavation in
trench for sewer lines and select material to stabilize
subgrade and the required cushion shall be included in
the contract unit price or sewer line trench and will
not be paid for separately unless a rock clause bid
item is shown in the proposal.
Areas for disposal of waste material shall be procured
by the Contractor at no cost to the Owner.
The bottom of the trench shall be accurately graded so
that the pipe will be in continuous and uniform contact
with, and have a longitudinal bearing on approved
subgrade for the full length of the pipe, except for
such distance as necessary for adequate bell holes or
couplings and proper sealing of the pipe joints.
If the soil at the bottom of the trench is mucky or if
the subgrade is too soft to properly support the pipe,
the Contractor shall stabilize the subgrade as
•
necessary to prevent damage to the pipe.
Where blasting is required, all blasting shall be
performed in accordance with Section 9 of the
•
Association of General Contractors of America, "Manual
•
of Accident Prevention in Construction."
TS -1701-11
3. General Backfill:
' $ NOTE:
SPECIFIC "PIPE EMBEDMENT" SHALL BE SPECIFIED FOR EACH
' TYPE OF PIPE MATERIAL.
All trenches and excavation shall be backfilled
immediately after the pipe is laid using methods which
'
will not disturb the pipe. Material used for
backfilling shall consist of the excavation, borrow
sand, gravel, or other materials approved by the
' Engineer, and shall be free of trash, lumber or other
debris.
When the material excavated from the trench does not
yield enough select material at the trench site to meet
the specifications for proper backfill and bedding
t materials, sufficient additional select material shall
be hauled from other sources. The Contractor shall
provide and install select material at no additional
cost to the Owner, unless a bid item is listed in the
sewer proposal for select bedding, installed complete.
After the pipe work has been approved, trenches shall
' be backfilled according to the "pipe embedment"
specified for the type pipe specified. This bedding
and haunching material shall be carefully deposited in
layers of not to exceed four (4) inches in thickness on
both sides of the pipe and thoroughly and carefully
rammed around the pipe until the backfill has been
brought up to the springline, or one-half of the
' internal diameter of the pipe. The initial backfill
shall then continue by hand or approved method with
approved selected material to a point twelve (12)
' inches above the pipe or to a point where the pipe is
safe in the Engineer's opinion.
• The final backfill may then be placed by any approved
method which will not injure or disturb the pipe.
• After settlement occurs, trenches shall be refilled and
smoothed as often as necessary until all trench
' backfill permanently conforms to the surface of the
ground. Where subsequent settlement cannot be
permitted such as roadways, driveways, parking areas or
other areas which must be resurfaced, backfill shall be
placed in layers not to exceed four (4) inches in
thickness and compacted to the density of the adjacent
soil throughout the depth of the trench. At the
Contractor's volition, gravel or sand may be used to
backfill in areas where subsequent settling cannot be
TS- 1701-12
I
permitted. Gravel or sand used for backfill will not
be measured and paid for but shall be Furnished by the
Contractor at no cost to the Owner unless a quantity is
shown in the bid iterns of the sewer proposal for gravel
or Class 7 base backfill for street and/or driveway
crossings.
It is the intent of these specifications that all
trenches shall be backfilled, settled, and the ground
restored to its original condition as soon as possible
after the pipe is installed. Any unnecessary delay in
restoring trenches to their original condition shall
constitute just cause for stopping all other work until
the trenches are so restored. It is also the intent of
these specifications that the Contractor shall be
responsible for all settlement of backfill in trenches
occasioned by the work covered herein. He shall refill
trenches as often as necessary to bring them back to
original grade during the period when settlement is
occurring. Where settlement occurs in streets,
driveways, roads or parking areas, the Contractor shall
maintain traffic without hazard at all times.
Gravel or Class 7 base used to maintain traffic in
these areas shall not be measured and paid for but
shall be furnished by the Contractor at no cost to the
Owner, unless a quantity is shown in a bid item of the
proposal for gravel or Class 7 base backfill for street
and/or driveway crossing.
All excavated material which is unsuitable or not
needed for backfill shall be wasted or disposed of to
the satisfaction of the Engineer. It shall be the
Contractor's responsibility to provide areas to deposit
waste material and rock. 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 to original line and grade.
The cost of all backfill, including all handling of
excavated material, pipe embedment, final and initial
backfill material, and the disposal of waste material
shall be included in the lump sum contract price for
sewer trenches of the various depths and will not be
paid for separately as backfill. Bedding and haunching
backfill material shall be included in the sewer trench
costs unless a quantity is shown in the sewer proposal
for sewer bedding and haunching backfill, installed ,
complete.
y
t 1
1
D. Pipe Embedment:.
1. Cast Iron, Ductile Iron, Vitrified Clay Sewer Pipe
Bedding classes A, B, C, or D, concrete
encasement, or crushed stone encasement as
described in ASTM C 12-74 (ANSI A106.2) or WPCF
MOP No. 9 (ASCE MOP No. 27) shall be used for all
RIGID pipe unless specified otherwise.
Class A: This class of bedding can be achieved
' with either of two construction methods.
Concrete Cradle - The pipe shall be bedded in a
monolithic cradle of plain or reinforced concrete
' having a thickness under the barrel of at least 4
inches (100 mm) or one fourth of the inside
diameter of the pipe, whichever is greater, and
' extending up the sides to a height of at least one
fourth of the pipe outside diameter. The cradle
shall have a width at least equal to the outside
' diameter of the pipe plus B inches (200 mm) or one
and one fourth of the outside diameter of the
pipe, whichever is greater. Backfill above the
cradle and extending 12 inches (300 mm) above the
top of the pipe shall be carefully placed.
The load factor for Class Concrete cradle bedding
' is 2.2 for plain concrete with lightly tamped
backfill; and up to 3.4 for reinforced concrete
with p=0.4 percent, where p is the percentage of
the area of steel to the area of concrete at the
pipe invert.
Concrete Arch - The pipe shall be bedded in 3/4"
'
to 1/4" crushed stone or rounded gravel bedding
material. The bedding shall have a minimum
thickness beneath the pipe of 4 inches (100 mm) or
one fourth of the outside diameter of the
pipe,whichever is greater, and shall extend up the
sides of the pipe to the horizontal centerline.
' The top half of the pipe shall be covered with a
monolithic plain or reinforced concrete arch
having a thickness of at least 4 inches (100 mm)
or one fourth of the inside diameter of the pipe,
' whichever is greater, at the pipe crown and a
minimum width equal to the outside diameter of the
pipe plus 6 inches (200 mm) or one and one fourth
of the diameter of the pipe, whichever is greater.
TS- 1701-14 V�
1
The load factor for Class A-1 concrete arch
bedding is 2.B.for plain concrete; up to 3.4 for
reinforced concrete with p=0.4 percent; and up to
4.8 for reinforced concrete with p=1.0 percent,
where p is the percentage of the area of steel to
the area of concrete at the pipe crown.
Class B - The pipe shall be bedded in crushed t
stone or rounded gravel bedding material placed on
the trench bottom. The bedding material shall
have 957. passing a 3/4 inch (19.0 mm) sieve and
95'/. retained on a No. 4 (4.75 mm)sieve. The
bedding shall have a minimum thickness beneath the
pipe of 4 inches (100 mm) or one eighth of the
outside diameter of the pipe, whichever is
greater, and shall extend up the sides of the pipe
to the horizontal centerline. Initial backfill
from the pipe horizontal centerline to a level not
less than 12 inches (300 mm) above the top of the
pipe shall be of the bedding material or carefully
placed earth. Hand placed backfill shall be
finely divided materials free from debris, organic
material, and stones.
The Load Factor for Class B Bedding is 1.9
Class C - The pipe shall be bedded in crushed
stone or rounded gravel bedding material placed on
the trench bottom. The bedding material shall
have 957. passing a 3/4 inch (19.0 mm) sieve and
957. retained •on a No. 4 ( 4.75 mm) sieve. Shells,
pea gravel, sand, native soil, or other locally
available and commonly used bedding materials may
be specified by the Engineer in place of the
previously described bedding materials. The
bedding shall have a minimum thickness beneath the
pipe of 4 inches (100 mm) or one eighth of the '
outside diameter of the pipe, whichever is
greater, and shall extend up the sides of the pipe
one sixth of- the outside diameter of the pipe.
Backfill between the bedding and a plane 12 inch
(300 mm) over the top of the pipe, shall be hand
placed finely divided earth free from debris and
stones.
Class D - The pipe shall be placed on the trench
bottom with bell holes provided. The initial
backfill shall be finely divided material free of
debris, organic material, and large stones.
The load factor for Class D bedding is 1.1 '
TS -1701-15
1
Concrete Encasement:
Concrete encasement shall completely surround the
pipe and shall have a minimum thickness, at any
point of one fourth of the outside diameter of the
pipe or 4 inches (100 mm), whichever is greater.
The encasement shall be designed to suit
the specified use.
Crushed Stone Encasement:
The crushed stone shall extend to the specified
trench width and shall have a minimum thickness
beneath the pipe of 4 inches (100 mm) or one
eighth of the outside diameter of the pipe,
whichever is greater, and shall extend upward to a
horizontal plane at the top of the pipe barrel.
Encasement shall consist of well -graded 3/4 inch
to 1/4 inch (19 to 6 mm) crushed stone or other
non -consolidating bedding material not subject to
migration. Material shall be carefully placed
under the pipe haunches.
The initial backfill shall be of finely divided
material free of debris, organic material, and
large stones.
2. Polyvinyl Chloride Pipe, Composite ABS (Truss) and
Solid Wall ABS Sewer Pipe.
Bedding classes I, II, III as described in ASTM D
2321-74 (ANSI K65.12) shall be used for all
FLEXIBLE pipe unless specified otherwise.
F.
t
TS- 1701-16
V WL1�1111U1%VI L...u..&'....... • 011% .'.. v I VY t_ . 1_JJ 111-....., u
1.
a
SOIL
SOIL
DESCRIPTION OF
CLASS
TYPE
MATERIAL CLASSIFICATION
Manufactured angular, granular material, yt to 1'h inches (6 to 40 mm) size,
including materials having regional significance such as crushed stone or rock,
.t y
broken coral, crushed slag, cinders, or crushed shells.
•
GW
Wcll-graded gravels and gravel -sand mixtures, little or no fines. 50% or more
retained on No. 4 sieve. More than 95% retained on No. 200 sieve. Clean.
p
GP
Poorly graded gravels and gravel -sand mixtures, little or no fines. 50% or more
h
retained on No. 4 sieve. More than 95% retained on No. 200 sieve. Clean.
SW
Well -graded sands and gravelly sands, little or no fines. More than 50% passes
No. 4 sieve. More than 95% retained on No. 200 sieve. Clean.
SP
Poorly graded sands and gravelly sands, little or no fines. More than 50% passes
U
No. 4 sieve. More than 95% retained on No. 200 sieve. Clean.
GM
Silty gravels, gravel -sand -silt mixtures. 50% or more retained on No. 4 sieve.
More than 50% retained on No. 200 sieve.
GC
Clayey gravels, gravel -sand -clay mixtures. 50% or more retained on No. 4 sieve.
O
y
More than 50% retained on No. 200 sieve.
SM
Silty sands, sand -silt mixtures. More than 50% passes No. 4 sieve. More than
50% retained on No. 200 sieve.
SC
Clayey sands, sand -clay mixtures. More than 50% passes No. 4 sieve. More than
U
50% retained on No. 200 sieve.
ML
Inorganic silts, very fine sands, rock flour, silty or clayey fine sands. Liquid
limit 50% or less. 50% or more passes No. 200 sieve.
CL
Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty
>
clays, lean clays. Liquid limit 50% or less. 50% or more passes No. 200 sieve.
MU
Inorganic silts, micaceous or diatomaceous fine sands or silts, elastic silts. Liquid
limit greater than 50%. 50% or more passes No. 200 sieve.
CH
Inorganic clays of high plasticity, fat clays. Liquid limit greater than 50%. 50%
or more passes No. 200 sieve.
OL
Organic silts and organic silty clays of low plasticity. Liquid limit 50% or less.
50% or more passes No. 200 sieve.
>
OH
Organic clays of medium to high plasticity. Liquid limit greater than 50%. 50%
or more passes No. 200 sieve.
PT
Peat, muck and other highly organic soils.
U
• Soils defined as Class I materials are not defined in ASTM D2AR7.
•• In accordance with ASTM D2487, less than 5% pass No. 200 sieve.
"• In accordance with ASTM D2487, more than 12% pass No. 200 sieve. Soils with 5% to 12% pass No.
200 sieve fall in borderline classification, e.g., GPGC.
Specific meterials from a class of pipe embedment may be required by governing
bodies. These materials will be specified in the Propocl
or the 'Supplementary Conditions'' of the Contract.
TS -1101-17
I
I
.1
LI
11
I
I
I
I
11
I
•
1
1
1
1
1
p
C
I'
Cutting and Replacing Special Surfaces:
Wherever it becomes necessary in excavating to disturb
special surfaces, such as paved or gravel roadways, drives,
walks, or parking areas, the original surface shall be
restored after completion of the backfill. In these
instances, care shall be used in making the backfill by
tamping in accordance with the preceding subsection to
eliminate future settlement and the surface shall be
restored as specified below.
The Contractor shall replace all street surfaces immediately
after the pipe has been laid.
Where concrete curbs and gutters are disturbed, they shall
be replaced to match the original curb and gutters.
Where concrete sidewalks are disturbed, they shall be
replaced to match the existing walk and finished to match
the existing walk on either side of the cut. Concrete
sidewalks cut and replaced shall be paid as
surface cut and replaced.
Concrete, asphalt and gravel streets, parking lots, and
driveways shall be cut and replaced in accordance with the
details shown in the specifications.
In gravel surfaced streets and other areas where the gravel
will be disturbed in excavating for trenches and after the
backfill has been so placed that no further appreciable
settlement will occur, gravel over the trench shall be
replaced to the same compacted thickness
the
toriginal
nalnder
surfacing. During construction, the gravel on
of the street not occupied by the trench may also be covered
with dirt from the excavation. After completion of the
backfill, such dirt shall be removed so far as possible and
additional gravel shall be placed on the street until the
surface is as weather -resistant and traffic -resistant as the
original surfacing.
Where the Contractor disturbs gravel, concrete or bituminous
surfaces which were not required to be disturbed in the
opinion of the Engineer,the surfaces shall be replaced by
the Contractor to their original condition at the expense of
the Contractor and at no cost to the Owners,.
F. Cutting and Replacing Fences and Lawn Sod:
Whenever it becomes necessary in excavating to cut fences
and disturb lawns, the fences and lawns shall be restored
after completion of the backfill.
TS- 1701-18 .�
All lawns
shall
be hand
raked and the area
left as nearly as
possible
to its
original
condition.
Fences shall be restored to their original condition using
the same type of materials and that were used in their
original construction.
Shrubbery shall be taken up ahead of construction, stored,
and reset in such a manner as to damage it as little as
possible. Any shrubbery damaged by the construction shall
be replaced by the Contractor to the satisfaction of the
Property Owner at no cost to the Owner.
The cost of all work under this section shall be included in
the lump sum contract price, and the unit price for pipe,
and will not be paid for separately, unless a specific bid
item is shown in the sewer proposal for top soil
replacement, fence crossing repair, or right-of-way
clearing.
g, Concrete
All concrete shall be composed of the materials described in
the materials section of these specifications, They shall
be proportioned by weight in such a manner as to obtain a
plastic workable mix. All concrete shall be Class "S",
Class "A" or Class "B" concrete as designated on the plans
or specified herein. At least two (2) test cylinders shall
be made and tested from each separate pour unless exceptions
are permitted by the Engineer.
Class "S" concrete shall contain not more than.five and one
half (5-1/2) gallons of water to the sack of cement,
including the water in the aggregates, and not less than six
(6) sacks of cement per cubic yard of concrete and have a
twenty-eight (28) day compressive strength of at least four
thousand (4000 pounds per square inch.
Class "B" concrete shall contain not more than six (6)
gallons of water to the sack of cement, including the water
in the aggregate, and not less than five (5) sacks of cement
per cubic yard of concrete and have a twenty-eight (28) day
compressive strength of at least twenty-one hundred (2100)
pounds per square inch.
Concrete shall be mixed in an approved mixer for not less
than one and one-half (1-1/2) minutes after all materials
are in the drum and shall be deposited within the mixture
design time tolerance after mixing. Hand mixed concrete
will not be allowed.
TS- 1701-19
II
CIA
No mortar or set cement shall be used in finishing except
the mortar necessary to fill imperfections. Edging tools
shall be used on all exposed top edges. All exposed
concrete shall be hand rubbed and finished so as to present
a smooth homogeneous appearance.
In placing concrete, care shall be taken that the freshly
mixed mass is placed and vibrated so that there is not a
tendency for the coarse aggregate to segregate from mortar,
that no rock pockets are left, that the concrete flows
readily around the steel and into the extremities of the
forms, and the whole freshly placed mass becomes a plastic,
jelly -like mass, but without free water in appreciable
quantity on its surface. No concrete shall be poured
without vibration with mechanical or magnetic internal
vibrators. All concrete shall be poured through tremies
unless otherwise permitted by the Engineer. The free fall
of concrete shall be held to a minimum.
Forms for concrete shall be rigidly placed so that they
cannot bulge or warp and leave a unworkmanlike finished
surface. They may be constructed of any material with
sufficient strength that will give the finished work a
satisfactory surface; however metal forms will not be
permitted for concrete which will be exposed for any of the
completed work, except upon the specific approval of the
Engineer.
Forms must be sufficiently tight so that mortar cannot
escape from the concrete in appreciable quantities. Forms
shall be cleaned and thoroughly moistened or treated with
form oil before concrete is placed.
All reinforcing shall be rigidly fastened in the forms prior
to the pouring of any concrete in such a manner that the
steel will be held accurately to the location shown on the
plans. Steel shall be cleaned of rust, scale, oil or other
surface material before being placed in the forms.
Before depositing concrete on or against concrete which has
taken its initial set, the hard concrete shall be broken off
down to coarse aggregate and wire brushed to remove foreign
matter and laitance. A layer of grout of the same cement -
sand ratio as the concrete, without coarse aggregate, shall
be placed to a thickness of one Cl) to two (2) inches on the
brushed surface after which new concrete shall be placed
immediately.
All concrete shall be properly protected from too rapid
curing or from freezing while green. If the weather is hot
or dry, all freshly placed concrete shall be covered with a
matting or other suitable material and kept moist for at
TS -1701-20
least ten (10) days after pouring, or a curing compound may
be used with the approval of the Engineer.
All concrete surfaces, EXCEPT floor slabs, exterior surfaces
below finished grade,and the interior surfaces which will
not be exposed shall be finished in the following manner.
Forms shall be removed from such surfaces as soon as
structurally possible and all depressions or imperfections
immediately filled with mortar. The surface shall then be
machined or hand rubbed until the entire surface has a
smooth homogeneous, pleasant appearing finish of uniform
texture and color. Any delay in patching or rubbing such
surfaces shall be cause for rejection of the entire
structure. No mortar or wet cement shall be used in
finishing except mortar necessary to fill imperfections.
Edging tools shall be used on all exposed top edges.
All floors to be left exposed shall be brought to a true
grade with a straight edge and roughly finished with a
wooden float. After the concrete has hardened sufficiently
to prevent an excess of fine material working to the top,
the surface shall be troweled with steel trowels until the
surface is smooth and regular. No additional cement shall
be added during finishing.
Construction joints shall be provided as shown on the plans.
The Contractor may elect to use more or less, depending upon
his method of placing concrete. However for all
construction joints in walls and slabs below finished grade
and in water bearing structures, water stops shall be used.
Placing Reinforcing Steel:
Reinforcing steel shall be accurately positioned to the
dimensions shown on the plans and as described in these
specifications. Reinforcing steel shall be cleaned of all
mud, ice, oil, loose rust and scale or any other material
which would destroy the bond. Reinforcing steel shall be
positioned and secured against displacement by tying with
annealed tie wires and placing on metal supports, spacers,
or hangers as approved by the Engineer.
H.
Handling and Laying:
(1) HANDLING AND LAYING PLASTIC (P.V.C.) SEWER PIPE:
All plastic pipe shall be handled and stored in
accordance with the manufacture's recommendations and
the applicable provisions of these specifications.
TS- 1701-21
I
a, P.V.C. sewer pipe shall be laid in accordance with ASTM
D-2321-74 (or latest revision), the manufacturer'
recommendations, and these specifications. Class III
and IV will not be suitable for embedment. For
installations near or below the ground water table,
-Class I. materials shall be used for the bedding,
haunching,and initial backfill. This embedment shall
extend from 6 inches below the pipe to 6 inches above
the pipe minimum, 12" if required by the Engineer.
' b. The pipe shall be handled in a manner to avoid any
impact or shock from dropping, such as rolling off a
truck or other carrier. The unloading and handling
shall assure that pipe ends are not damaged.
c. All sewer pipe shall be laid bell up -grade.
' (2) HANDLING AND LAYING DUCTILE IRON AND/OR CAST IRON PIPE
AND FITTINGS:
I In the transportation, unloading and handling of cast
and ductile iron pipe, the pipe shall not be dropped,
let roll and collide with another pipe, or be subjected
to any unnecessary job, impact, or other treatment that
might crack or otherwise damage the pipe.
Before laying the pipe in the trench, the bottom of the
trench shall be carefully graded and prepared and bell
holes excavated so the pipe shall have a uniform
support along its entire length except at bell holes.
The inside of the bell and the outside of the spigot
shall be thoroughly cleaned of all dirt, mud, grease
' and other foreign material before starting the joint.
In laying flanged, screwed, roll-on or mechanical joint
' pipe, careful attention shall be given in alignment so
that all joints can be pulled home and made tight and
workmanlike.
' Anchorage blocks of Class "B" concrete against
undisturbed earth shall be placed on each side of all
bends and on the unbalanced side of tees as shown in
' _ the standard details when force mains are constructed.
The inside of the iron pipe shall be cleaned of all
' foreign materials before the pipe is placed in service.
• Ends of the pipe shall be temporarily plugged at the
close of each days work.
1 TS -1701-22
1
Cast iron and ductile iron pipe used in structures and
.where noted on the plans to be included in the lump sum
contract price shall be included in the lump sum
contract price and will not be paid for separately.
(3) HANDLING AND LAYING VITRIFIED CLAY SEWER PIPE:
a. The selection of strength classifications of the sewer
pipe has been such that the pipe shall have structural
strength in excess of the anticipated total loads.
Such selection of strength classifications has been
based on such factors as kind of soil, unit weight of
backfill, depth of cover over the pipe, width of trench
at the top of the pipe, dimensions of the pipe, and
manner of support for the bottom of the pipe. The
manner of installing the pipe as covered in these
Specifications shall be adhered to and no bedding shall
be considered adequate unless it provides satisfactory
uniform bearing for the entire bottom quadrant of the
pipe barrel.
b. Protect pipe during handling against impact shocks and
free fall. Do not permit hooks to come in contact with
premolded joint surfaces.
c. Handle pipe having premolded joint rings or attached
couplings so that no weight, including the weight of
the pipe itself, will bear on or be supported by the
jointing material. Take care to avoid dragging the
spigot ring on the ground or allowing it to be damaged
by contact with gravel, crushed stone, or other hard
objects.
d. After delivery alongside the trench, carefully examine
each piece of vitrified clay pipe for soundness and
specifications compliance. Acceptable pipe may be
marked with paint or other permanent marking material
so that the marks are plainly visible after
installation in the trench and before the pipe is
covered.
e. Clean joint contact surfaces immediately prior to
jointing. Use lubricants, primers, or adhesives as
recommended by the pipe or joint manufacturer.
f. Unless otherwise required, lay all pipe straight
between changes in alignment and at uniform grade
between changes in grade. Excavate bell holes for each
pipe joint. When jointed in the trench, the pipe shall
form a true and smooth line.
TS -1701-23
g. Keep trenches dry during pipe laying. Divert surface
water from the trench area to the greatest extent
practicable without causing damage to the adjacent
property. Before pipe laying is started remove all
water that may have entered the trench.
h. Whenever practicable, start pipe laying at the lowest
point and install the pipe so that the spigot ends
point in the direction of flow.
(4) HANDLING AND LAYING: ACRYLONITRILE-BUTADIENE-STYRENE
(ABS) COMPOSITE SEWER PIPING (TRUSS PIPE)
(5) HANDLING AND LAYING: ACROYLONITRILE-BUTADIENE-STYRENE
(ABS) SOLID WALL SEWER PIPE AND FITTINGS I
a. ABS sewer pipe shall be laid in accordance
with ASTM D-2321-74 (or latest revision), the
manufacturer's recommendations,and these
specifications.
b. The pipe shall be handled in a manner to
avoid any impact or shock from dropping, such
as rolling off a truck or other carrier. The
unloading and handling means shall assure
that pipe ends are not damaged.
c. All sewer pipe shall be laid bell up -grade.
I.
Pipe Encasement for Railroad and Highway Crossings:
All sewer lines across highways and railroads shall be
encased unless specified otherwise. Encasement shall be
installed without disturbing the surface by boring or
jacking or as required by the Highway Department or
Railroad.
Welded steel pipe or coated corrugated metal pipe encasement
for railroad and highway crossings shall be placed in
accordance with standards of railroad or State Highway
Commission. The encasement pipe shall be of sufficient size
to install or remove the carrier pipe.
Highway and railroad crossings of the various sizes required
shall be installed by boring, without disturbing the highway
or railroad surfaces. Highway or railroad crossings shall
be measured in linear feet from end of casing to end of
casing on the opposite side of the highway or railroad.
TS -1701-24
Any concrete, asphalt or gravel surface disturbed on roadbed
or shoulders within the limits of the casing will not be
paid for separately but shall be included in the lump sum
price for boring and encasement.
K
I
I
J.
The lump sum contract price shall include the quantities of
highway and railroad crossings given in the Proposal's List
of Variable Quantities and the contract unit price, will be
used to adjust the contract price for variation of actual
quantities from those estimated.
Testing:
Test for watertightness shall be made by the Contractor in
the presence of the Engineer. All sewer pipe shall be
tested for tightness by one of the following methods. If
the ground water table is at least one foot above the top of
the pipe, the water infiltration test should be used. The
air test method may, however, be used if the test pressure
is increased 0.4333 psi for each foot the ground water level
is above the crown of the pipe.
1. Infiltration Test - The measured infiltration in the
section under test shall not exceed 100 gallons per
inch of diameter per mile of pipe per 24 hours.
2. Exfiltration Test - The measured loss of water from the
section under test shall not exceed 100 gallons per
inch of diameter per mile of pipe per 24 hours.
3. Low -Pressure Air Test - The air test, if used, shall as
a minimum, conform to the test procedure described in
ASTM C -828-76T, entitled "Tentative Recommended
Practice for Low Pressure Air Test of Vitrified Clay
Pipe Lines.
4. Procedures - Determine the test duration for the
section under test by computation from the applicable
equations shown in ASTM C 828, or from prepared air
test tables. The pressure - holding time is based on
an average holding pressure of 3 PSI (21 kPa) gauge or
a drop from 3.5 PSI (24 kPa) to 2.5 PSI (17 kPa) gauge.
Add air until the internal air pressure of the sewer
line is raised to approximately 4.0 PSI (28 kPa) gauge.
After an internal pressure of approximately 4.0 psig is
obtained, allow time for the air pressure to stabilize.
The pressure will normally show some drop until the
temperature of the air in the test section stabilizes.
TS- 1701-25
I
_1
I
fl
I
I
[I
I
I
I
I
I
I
P
h
I
s
When the pressure has stabilized and is at or above the
starting test pressure of 3.5 PSI (24 kPa) gauge,
commence the test. Before starting the test, the
pressure may be allowed to drop to 3.5 psig. Record
.the drop in pressure for the'test period. If the
pressure has dropped more than 1.0 PSI (7 kPa) gauge
-during the test period, the line is presumed to have
failed. The test may be discontinued when the
prescribed test time has been completed even though the
1.0 PSI drop has not occurred.
Table
The air test table has been prepared utilizing
applicable equations from ASTM C 828. It is based on
an allowable air loss of 0.003 ft3/mir/ft2 of internal
pipe surface, a maximum air loss per test section of
3.5 ft3/min and a minimum significant air loss per test
section of 2.0 ft3/min. (Test sections of such length
that an air loss of 3.5 ft3/min would be exceeded using
the allowable loss of air per square foot of internal
pipe surface may be tested in segments where total air
loss would be between 2.0 and 3.5 ft3/min). It applies
when testing one pipe diameter only and for convenience
ignores 4" and 6" lateral sewers, which in most
instances create only insignificant differences in test
time.
TS- 1701-26
AIR TEST TABLE i
i
Based on Equations from ASTM C 828
SPECIFICATION TIME (MIN:SEC) REQUIRED FOR PRESSURE DROP FROM
3-1/2 TO 2-1/2 PSIG WHEN TESTING ONE PIPE DIAMETER ONLY
PIPE DIAMETER, INCHES
IT. 4 6 8 10 12 15 18 21 24
€ 0:04 0:10 0:18 0:28 0:40 1:02 1:29 2:01 2:38
Ci 0:09 0:20 0:35 0:55 1:19 2;04 2:58 4:03 5:17
0:13 0:30 0:53 1:23 1:59 3:06 4:27 6:04 7:53
0:1B 0:40 1:10 1:50 2:38 4:08 5:56 8:05 10:34
0:22 0:50 1:28 2:18 3:18 5:09 7:26 9:55 11:20
0:26 0:59 1:46 2:45 3:58 6:11 8:30 9:55 11:20
0:31 1:09 2:03 3:13 4:37 7:05 8:30 9:55 11:20
0:35 1:19 2:21 3:40 5:17 7:05 8:30 9:55 12:06
0:40 1:29 2:38 4:08 5:40 7:05 8:30 10:25 13:36
0:44 1:39 2:56 4:35 5:40 7:05 8:31 11:35 15:07
0:48 1:49 3:14 4:43 5:40 7:05 9:21 12:44 16:38
0:53 1:59 3:31 4:43 5:40 7:05 10:12 13:53 18:09
1:02 2:19 3:47 4:43 5:40 8:16 11:54 16:12 21:10
/) 1:10 2:38 3:47 4:43 6:03 9:27 12:36 18:31 24:12
1:19 2:50 3:47 4:43 6:48 10:38 15:19 20:50 27:13
1:28 2:50 3:47 5:14 7:34 11:49 17:01 23:09 30:14
i D. Deflection Testing: ,
(1) Deflection tests shall be performed on all flexible sewer
pipe. The test shall be conducted after the final backfill
has been in place at least 30 days.
(2) No pipe shall exceed a deflection of 5'/.. ,
(3) If the deflection test is to be run using a rigid ball or
mandrel, it shall have a diameter equal to 957. of the inside
diameter of the pipe. The test shall be performed without
mechanical pulling devices. Locations with excessive
deflection shall be excavated, and repaired by re -bedding or
replacement of the pipe or by a method approved by the
Engineer.
TS -1701-27
1
K. Establishment of Line and Grade:
Sewerline location shall be established using a
construction laser for grade.
L. Sewer Force Mains:
', _Sewer force mains shall be constructed of the specified
size and type materials and installed according to
AWWA, ASTM, or ASA specifications. Testing shall be
according to AWWA C 600.
M. Cleaning Up:
After the construction work is completed, all refuse
and debris resulting from the work shall be cleaned up
- and disposed of to the satisfaction of the Engineer.
Structures shall be washed or swept out and left clean
• and neat. Except as noted, all excess excavation,
waste concrete, piping, lumber, or other refuse shall
If be removed from the site of the work and the site
levelled, graded and dressed up until it has a neat,
smooth and workmanlike appearance.
Any fences or other existing permanent structures
disturbed during the work shall be restored after
' completion of the work to their original condition.
The cost of all work and materials under this
' f, subsection shall be included in the lump sum contract
price and will not be paid for separately, unless a bid
• item is shown in the proposal for sewerline clean-up.
•1
I
I
Ii
Ts- 1701-28
1