HomeMy WebLinkAbout123-86 RESOLUTIONRESOLUTION In.)23-s6
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH McCLIIdTDN-ANCHOR COMPANY
FOR DRAINAGE REHABILITATICN AT DRAKE FIELD.
BE IT RESOLVED BY TER; BOARD OF DIRECTORS OF THE CITY OF FAYE1TEVILLE,
ARKANSAS:
That the Mayor and City Clerk are hereby authorized and directed
to execute a contract with McClinton Anchor Conpany for drainage rehabili-
tation at Drake Field. A copy of the contract authorized for execution
hereby is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 16 day of December , 1986.
APPROVED
Ma or
MICROFIL.MI01
CONSTRUCTION SPECIFICATIONS
DRAINAGE REHABILITATION
TO
DRAKE FIELD
FAYETTEVILLE MUNICIPAL AIRPORT
FOR
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
Project No. FY862152
November, 1986
11 I UCCUiInnO
1 CCn!WRI
TABLE OF CONTENTS
SECTION
00050 Notice to Contractors
00100 Instructions to Bidders
00300 Proposal
00410 Notice of Award
00420 Notice to Proceed
00500 Construction Contract
00610 Arkansas Statutory Performance and Payment Bond
00615 State Wage Rate
00700 General Conditions
00800 Supplementary Conditions
Specifications
Division 1 - General Requirements
01005 Administrative Provisions
01200 Project Meetings
01400 Quality Control
01500 Construction Facilities and Temporary Controls
01600 Material and Equipment
01700 Contract Closeout
Divisions 2 - 4
02218
02225
02720
02936
04100
Appendix
Plans
Landscape Grading
Trenching
Storm Drainage Systems
Seeding
Mortar
MCCIelland
At�enadT MCCZ/iny
PAGE NO.
1-2
1-5
1-3
1-2
1
1-3
1-2
1-2
1-39
1-10
1-3
1
1-3
1-3
1-3
1-2
1-2
1-3
1-4
1-4
1-3
Sheets 1 & 2
NOTICE TO CONTRACTORS
l 7'a ax._IzE«.>,
r
SECTION 00050
NOTICE TO CONTRACTORS
Notice is hereby given that the City of Fayetteville, Fayetteville, Arkansas,
will receive sealed bids in the Airport Manager's Office in the Terminal
Building at Drake Field, Fayetteville, Arkansas, until 2:00 P.M. on the
25th day of November , 1986, for furnishing of albs and labor,
and the performance of work to be done in constructing Drainage
Rehabilitation to Drake Field, Fayetteville Municipal Airport.
Work under this Contract shall include excavation, joint repair, installation
of underdrain and filter fabric, backfilling and seeding.
The location of the work is set out in the Plans and Specifications to be on
file in the offices of McClelland Consulting Engineers, Inc.: P.O. Box 1229,
1810 N. College Avenue, Fayetteville, Arkansas. All bids will be opened and
considered at a meeting, to be held in the Airport Managers office in the
Terminal Building at Drake Field, Fayetteville, Arkansas at 2:00 P.M.
local time, on the 25th day of November , 1986, and at such
adjourned meetings thereafter as may be necessary.
All necessary work, materials, and every item of construction shall be in
accordance with the Plans and Specifications as prepared by the Engineer.
Copies of the documents from the Engineer. Pertinent information and the
detailed specifications will be furnished to suppliers at cost of
reproduction.
Bidders shall make such inspection and studies of the site of the work as to
thoroughly familiarize themselves with all conditions to be encountered.
Each bid must be accompanied by a surety bond (proposal guaranty) in the
amount equal to five percent (5%) of the whole bid, said bond to be issued by
a surety company licensed to do business in the State of Arkansas, said bond
to be retained as liquidated damages in case the successful bidder fails,
neglects, or refuses to enter into the contract for the construction of said
works, and furnish the necessary bonds within ten (10) days from and after
the date of the Notice of Award.
The successful bidder will be required to furnish a Performance and Payment
Bond, in favor of the City of Fayetteville, Arkansas, in an amount equal to
one hundred percent (100%) of the Contract amount, at the time of the award
of the contract.
Notice is hereby given that the City of Fayetteville is an Equal Opportunity
employer.
Mca.uand
aft rve Lonw„ np
Section 00050 - 1
The Board of Directors reserve the right to reject any and all bids, and to
waive any formalities deemed to be in the best interest of the City.
The Bidder's attention is called to the "Equal Opportunity Clause" and the
"Standard Federal Equal Employment Opportunity Construction Contract
Specifications" set forth herein.
The Bidder (proposer) must supply all the information required by the bid or
proposal form.
The attention of all bidders is called to the fact that they must be licensed
under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature, as
amended.
Attention is called to the fact that no less than the minimum salaries and
wages as set forth in the Contract Documents must be paid on this project.
Sturman Mackey
Purchasing Agent
City of Fayetteville
Fayetteville, Arkansas
Section 00050 = 2
iik'aL7 Con,111Cnd
� ,yMl fpiWl/lnp
-
INSTRUCTIONS TO BIDDERS
V§, WE
SECTION 00100
INSTRUCTIONS TO BIDDERS
1. EXAMINATION OF SITE AND DOCUMENTS. Bidders are advised that the plans,
specifications and estimates of the Engineer on file in the office of the
official as set out in the "Notice to Contractors," shall constitute all of
the information which the Owner shall furnish. Bidders are required, prior
to submitting any bid, to read carefully the specifications, contract and
bonds, to examine carefully all plans, and estimates on file with the
official as set out in the "Notice to Contractors," to visit the site of the
work to examine carefully local conditions, to inform themselves by their
independent research and soundings of the difficulties to be encountered, and
to judge for themselves the accessibility of the work and the quantities and
character of the materials to be encountered and all attending circumstances
affecting the cost of doing the work and the time specified for its
completion; and to obtain all information required to make an intelligent
bid.
2. BIDS AND BIDDING FORMS. Bids must be made out in ink on the PROPOSAL
SCHEDULE included in Section III of these plans and specifications. All bids
shall be sealed and filed as provided in the "Notice to Contractors". No
bidder shall divulge the information in said sealed bid to any person
whomsoever, except those having a partnership or other financial interest
with him in said bid., until after the sealed bids have been opened.
Bids which are incomplete, unbalanced, conditional, or obscure, or which
contain additions not called for, erasures, alterations or irregularities of
any kind, or which do not comply with the "Instructions to Bidders" may be
rejected as informal at the option of the Owner. However, the Owner reserves
the right to waive technicalities as to changes, alterations or revisions and
to make the award in the best interest of the Owner.
All papers bound with or attached to the Proposal Schedule are necessary
parts thereof, and must not be detached.
A copy of the plans, specifications, and bid forms may be obtained as
provided in the "Notice to Contractors."
3. LUMP SUM AND UNIT PRICES AND FILLING IN BIDDING FORMS. Bidders must
state a lump sum or unit price for every item of work named in the Engineer's
estimate of quantities of work to be done, approved by the Owner and on file
in the office of the official as set out in the "Notice to Contractors."
Each bidder shall include in the prices named in his bid the furnishing of
all labor, materials, tools, equipment and apparatus of every description to
construct, erect and finish completely all the work as called for in the
specifications or shown in the plans.
Section 00100 - 1
i � Mccbuane
1�� R T_, finsuP: to
The price bid for the items must be stated in figures and in words in the
appropriate blank spaces provided on the bidding forms. Such figures must be
clear and distinctly legible so that no question can arise as to their intent
or meaning. In case of a difference in the written words and figures in a
proposal, the amount stated in written words shall govern. Unit prices bid
and totals shown in the proposal shall not include any of the costs of
engineering, advertising, printing, and appraising.
4. PRICES BID TO BEAR RELATIONSHIP TO
various items in the proposal shall bear
the work to be done. Bids which appear
the best interest of the Owner may be
Owner.
COST OF WORK. Prices bid on the
a fair relationship to the cost of
unbalanced and deemed not to be in
rejected at the discretion of the
5. SIGNATURE ON BIDS. If the bid is made by an individual, his name must be
signed by him or his duly authorized agent, and his post office address
given. If the bid is made by a firm or partnership, the name and post office
address of each member must be given, and the bid signed by a member of the
firm or partnership, or a person duly authorized. If the bid is made by a
company or corporation, the company or corporate name and the state under the
laws of which said company or corporation is chartered, and the business
address must be given, and the bid signed by an officer or agent duly
authorized.
Power of attorney, properly certified, for agents and others to sign bids
must be in writing and filed with the Owner.
6. QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS. The bidder may be required
to furnish the Owner with satisfactory evidence of his competence to perform
the work contemplated. The Owner reserves the right to reject a bid if the
bidder does not provide evidence of financial, past experience, personnel or
facilities with which to perform the proposed work in a timely, efficient and
competent manner. The Owner reserves the right to make such investigations
of information submitted as is deemed necessary, before a rating is given and
to disqualify any contractor from bidding if deemed in the best interest of
the Owner.
Where required by state laws, the bidders shall be licensed according to the
requirements of such laws. In case contractors are required to be licensed,
they shall note their license number on the outside of their Proposal.
7. BIDDING BONDS. Each bid must be accompanied by a bidder's surety bond
issued by a company licensed to do business in the State in the sum of five
per cent (5%) of the amount of the bid, made payable to the Owner as a
guarantee that a contract will be entered into and the required bonds
furnished within the required time, in the event of the award of a contract.
8. WITHDRAWAL OF BIDS. Permission will not be granted to withdraw or modify
any bid after it has been filed. Requests for non -consideration of bids must
be made in writing, addressed to the governing body of the Owner and filed
Section 00100 : 2
�.� MCc11IIAQ
i
with the representative of the Owner designated to receive the bids before
the expiration of the time limit for opening bids. After other bids are
opened and read, the bid for which withdrawal is requested will be returned
unopened.
9. DISQUALIFICATION OF BIDDERS. Any one or more of the following causes may
be considered as sufficient for the disqualification of bidders and the
rejection of their bid or bids:
More than one proposal for the same work from an individual firm,
partnership, or corporation under the same or different names.
Evidence of collusion among bidders. Participants in such
collusion may receive no recognition as bidders for any future
work.
Unbalanced proposals in which the prices for some items are out of
proportion to the prices for other items.
Failure to submit a unit price for each item of work for which a
bid price is required by the Proposal.
Lack of competency as revealed by the financial statement,
experience, plant and equipment statements submitted.
Lack of responsibility as shown by past work judged from the
standpoint of workmanship and progress.
Uncompleted work, which in the judgment of the Owner, might hinder
or prevent the prompt completion of additional work if awarded.
For being in arrears on existing contracts, in litigation with the
owner, or having defaulted on a previous contract.
10. CONSIDERATION OF PROPOSALS. After the proposals are opened and read,
the quantities will be extended and totaled in accordance with the bid prices
of the accepted proposals, and the results of the prices will be made public.
Until the final award of the contract, the Owner reserves the right to reject
any or all proposals, to waive technicalities and to advertise for new
proposals, or to proceed to do the work otherwise when the best interests of
the Owner will be promoted thereby.
11. RIGHT TO REJECT BIDS. The Owner reserves the right to reject any and
all bids. All bids are subject to this reservation, and the Owner reserves
to itself the right to decide which bid shall be deemed the lowest and best.
Due consideration will be given to the reputation, financial ability,
experience and equipment of the bidder.
Section 00100 - 3
—:=ZrUnw .floe
No bids received in the office of the official as set out in the "Notice to
Contractors" after the time for filing, as advertised, will be considered.
However, bids mailed from a post office other than that of the Owner and
arriving in the Owner's post office before the time for receiving of bids and
actually delivered to the office designated to receive the bids, before the
hour for opening of bids, shall be ,judged to have been received in time for
filing and shall be considered.
12. FORFEITURE OF BIDDING BOND. The person or persons, partnership,
company, firm or corporation to which the contract is awarded shall, within
ten (10) days after such contract is awarded, execute and deliver the
contract as required, such bonds to be executed and approved prior to the
execution of the contract by the Owner. The Owner reserves the right to
grant the Contractor such extension of time in executing the contract as it
deems necessary in the interest of the Owner. Any application for extension
of time shall be made by the Contractor in writing, and signed by proper
officials. The inclusion of this provision, whereby extension of time in
signing the contract and submission of bonds may be granted, in no way
obligates the Owner to act upon any application unless it sees fit to do so.
Upon failure of the bidder to execute said bonds and contract within the
specified time after the contract is awarded, the bid by the Contractor will
be considered to have been abandoned and the Owner may ask for new bids. By
reason of the uncertainty of the market prices of materials and of damages
and expenses which the Owner might incur by reason of said Bidder's failure
to execute said bonds and contracts within said specified time, the bid bond
accompanying the bid shall be the agreed amount of damages which the Owner
will suffer by reason of such failure upon the part of the bidder, and shall
thereupon immediately be forfeited to the Owner. The filing of a bid under
these instruction shall be considered as acceptance of this provision.
13. RETURN OF BIDDER'S BOND. Bonds deposited with bids will be returned to
the bidders as soon as the contract is awarded, except the bond of the
successful bidder, which will be returned after the contract is executed and
the bonds approved. Unless the Owner has a good reason to hold bidding
bonds, the bonds of all except the three low bidders will be returned as soon
as the bids have been considered.
14. AWARDING OF CONTRACT. The Owner reserves the right to withhold the
awarding of a contract for a reasonable period of time from the date of
opening bids, said length of time to be stated in the Proposal. The awarding
of a contract upon a successful bid shall give the bidder no right of action
or claim against the Owner upon such contract until the same shall have been
reduced to writing and duly signed by the contracting parties. The lettering
of a contract shall not be complete until the contract is duly executed and
the necessary bonds approved.
15. SUBCONTRACTORS. The Contractor shall not assign nor sublet all or any
part of the Contract without the prior written approval of the Owner, nor
shall the Contractor allow such subcontractor to commence work until he has
Section 00100 - 4
J
®Aer:17-7.11.1 MCCIIIIOM
_ _ f aultIne
provided and obtained approval of such compensation and public liability
insurance as may be required under the laws of the state. The approval of
such subcontract by the Owner will in no manner release the Contractor from
any of his obligations as set out in the Plans, Specifications, Contract and
bonds.
•
Section 00100 - 5
L
AISTiiirt,`.11;:fit
PROPOSAL
►vii s�..4.5.gk £x8
SECTION 00300
PROPOSAL
FOR
DRAINAGE REHABILITATION
TO
DRAKE FIELD
FAYETTEVILLE MUNICIPAL AIRPORT
FAYETTEVILLE, ARKANSAS
Project No. FY862152
Dated: November, 1986
City of Fayetteville
Fayetteville, Arkansas
Gentlemen:
The undersigned Mc.tLtN-rot A►JCHOR Ca Ow.
of gppc;NC_ , states that he has
carefully examined the Plans, Specifications, maps, and drawings, relative to
the proposed drainage rehabilitation as set out in the title of this
Proposal; that he is familiar with the same and understands each and all; has
examined the location and site; that all bids are made with the full
knowledge of the difficulties and conditions that may be encountered, the
kind, quantity and quality of the Plans, work to be done, equipment, and
materials required, and with the full knowledge of the Plans, Specifications,
estimates and all provisions of the Contract and Bonds; that this Proposal is
made without collusion on the part of any person, firm or corporation, and
that he has not divulged the information contained in the Proposal to any
person whomsoever, except those having a partnership or other financial
interest with him in the Proposal. The undersigned states that he has
experience in and is qualified to perform the work herein specified, and that
if he does not have craftsmen experienced and qualified in any phase of the
work for which this Proposal is offered, he will sub -contract the work under
said phase to a Contractor who does have the necessary experience and
qualifications. He further states that he will execute promptly the
Construction Contract included in these Specifications, to construct said
improvements in accordance with the Plans and Specifications. All costs for
Federal, State, and local taxes, permits, and required insurance are included
in this Proposal. The Bidder hereby agrees to complete the Contract within
20 working days.
Section 00300 - 1
MCC,. flood
ConwlAnp
miprnd o rn� vim.___._
BID SCHEDULE
NOTE: BIDS shall include sales tax and all other applicable taxes and fees.
Item Approx. Unit
No. Quantity Item Price Extended
1 4 Hr. Standby Time $ (08 CS /hr.
ONE Hu NorteAND EIGHT dollars/hour $ y3a,00
N6 CENTS (words)
2 1345 LF Drainage Rehabilitation
with Underdrain $ 3a.75 /LF
771//—'Jwo dollars/Linear Feet $ lit 0yeds.
ANQ SEvtNC6N777-Fae (WoSra s
)
3 285 LF Drainage Rehabilitation
without Underdrain $ ay. 60 /LF
T EN7y—Fou2 dollars/Linear Feet $ 7 0/% 00
/4N0 Star's/ GENrs (Words)
4 1.2 Acre Seeding $ 3000 Q°/AC
T#RlE rNDasRNA dollars/Acre $3 6C00.00
He CENTS (Words)
TOTAL BASE BID $ 55,09(•7S
Section 00300 - 2
MCCleSIon0
aye Cnnwltiny
The Bidder hereby acknowledges receipt of the following Addenda prior to
submitting this Proposal:
Addenda No. Dated
NGNE
In submitting this bid it is understood that the Owner reserves the right to
reject any/all bids and waive any formalities deemed to be in the best
interest of the Owner.
Enclosed herewith is a bid bond for $ 0/0 AMnam j' .1a
dollars ($ ) which we agree the Owner may cash and
retain as liquidated damages in the event of our failure to enter into a
contract for the work covered by this Proposal, provided the contract is
awarded to us within thirty (30) days from the date fixed for the opening of
bids and we fail to execute the required bonds and insurance as called for in
the Specifications within ten (10) days after the execution of the Contract.
Dated at F41Larnvua, Ri21467NSAt
NoveanaER • 198(.
(SEAL, IF CORPORATION)
, this
day of
Respectfully submit:ted,fi
D V inion= .C\rS :APAC=Ai4s'. 40040* 14.
--_'a4rlits)
Arkansa icee N'Kid ! # _j • ; p
by7��f/qt! Qe—21:0;1%i
Signat e
V1 CE-PIUStoEAtT
Title
Section 00300 - 3
l /
MCCl/Iland
Mean, I C ,.oltfnc
JamEs
FREDS.JAMES& CQOF ARKANSAS, ING
900 S Shackleford Rd Suite 400
P.O. Box 511
Little Rock, Arkansas 72203-0511
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal, hereinafter called the Principal, and
JO
BID BOND
McCLINTON-ANCHOR COMPANY, DIVISION OF
APAC-ARKANSAS, INC.
INSURANCE COMPANY OF NORTH AMERICA
a corporation duly organized under the laws of the State of PENNSYLVANIA
as Surety, hereinafter called the Surety, are held and firmly bound unto
--City of Fayetteville
P.O. Drawer F
Fayetteville, Arkansas 72702
as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT (5%)
Dollars (S
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
Drainage Rehabilitation - Drake Field Fayetteville Municipal Airport
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 mateial furnished in the
prosecution thereof, 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 this 25th
6-4
jab—
(Witness)
day of November
a r^
c -E
McCLINTON-ANCHOR COMPANY --DIVISION OF
19 86
APAC-ARKANSAS, INC
( / A -rincipal)
(Jc ��/���ILL/•..��!ll..J�//// le)
(Seal)
VICE .PR/ESIDENT.
INSU[tANCE COMPANY OF NORTH,AMERICA
Surety)
r
JAdy Franks
(Seal)
1 • F
Attorney in fact
I. 1
�\/� ..n'\H N �/,�i .4, r,'rs.r::rce ^,'nn :rr �C' 4:r^h •A%-10� ^9„ + , %; \/ .. ;/.,
/\all\men% y/lhese'!presenls. '1;, INSURAN•CF COMPANY•Or, NO'ssR?N AMERICA' '•. •I I•, ••• i
�Gorn nalt �.P�nsylvanla�havmc " • 1.r& e;l0•• ,t'+••• \ ?
�tlo tea+b J\h/��/\B\oard`\`of//Qirectors'of-'1 .r •:1•:.11#(;•. s;\\'>,!
✓ \�, ESOL4ED\V/i_U ,�%1\\\//�\/,:\ 'ri • ,C _• .. _ .•
• `5•••\\'/, • ig1'`'i,.N N.
��in• Vii,': -i/• '/,�,
'•' . "•'d, • \ .\' /\\
•
•'''n1,bMeNe8.1 • • „ e
Asn •/\ natae'IPaeef: \v • y,• • • v, : \ / , ,L` • .
yhtio
uliC ekirlp4i•COpTkm�ee,4ur - .. �.. .. _ ,�. -•• •. •. , �•!• • •• •! • ... . . e• -. .. .•,i `', %\•
neAaaOgeth MnC•'9;1; Er ,. .• ' . • • •• •- • • • • e if . . •• • ,' • P • • ••••• ` •/• • • 1.i, \,
• • . / r f • 1 . • ...e e
caener eof ne v.ee �bd3MFl,.u%iE •e • •- e - ,•• •� r •.• •,"Y+. • : .- •.e .•`�•.' •y't, . ' • a .�.�..- , +•. 'J : e
'
,
iVtineettr
•
�d' se' `.. , i
•;1 /3A)\\• ptni�d'idnoMGlbtl••. •' eiiafnrieNmi
NOTICE OF AWARD
rkVIE Daigle
SECTION 00410
NOTICE OF AWARD
To:
PROJECT DESCRIPTION: Drainage Rehabilitation to Drake Field,
Fayetteville Municipal Airport, Fayetteville, Arkansas.
The OWNER has considered the PROPOSAL submitted by you for the above
described WORK in response to its NOTICE TO CONTRACTORS.
You are hereby notified that your PROPOSAL has been accepted
in the
amount of $
You are required by the INSTRUCTIONS TO BIDDERS to execute the
CONSTRUCTION, CONTRACT in its entirety and furnish the required PERFORMANCE
AND PAYMENT BOND and certificates of insurance within ten (10) calendar days
from the date of this NOTICE OF AWARD.
If you fail to execute said Contract and to furnish said bonds within
ten (10) days from the date of this NOTICE OF AWARD, said OWNER will be
entitled to consider all your rights arising out of the OWNER'S acceptance of
your PROPOSAL as abandoned and as, a forfeiture of your BID BOND. The OWNER
will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD
to the OWNER.
Dated this day of
By
' 19
City of Fayetteville
Paul Noland
Title Mayor
Section 00410-- 1
MCClollond
iti Consulting
Receipt acknowledged this day of , 19_
Title
Section 00410-- 2
CrcciSt ond
ng
.tn
T , �.
r _ �
.NOTICE TO PROCEED
1
SECTION 00420
NOTICE TO PROCEED
To: Date:
Project: Drainage Rehabilitation
to Drake Field, Fayetteville
Municipal Airport
Fayetteville, Arkansas
You are hereby notified to commence WORK in accordance with the Contract
dated , 1986, on or before , 1986, and you
are to complete the WORK by , 1986.
City of Fayetteville
By
Paul Noland
Title Mayor
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO
PROCEED is hereby acknowledged by
this the day of
19
Contractor
By
Title
Section 00420 - 1 J
ycONnoad
ng
K u Lonwrtmp
Eminurs
r
CONSTRUCTION CONTRACT
w7, MSCSELLBND
SECTION 00500
CONSTRUCTION CONTRACT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
THIS AGREEMENT, made and entered into on this 28th day of January
19�ff=3_•, by and between City of Fayetteville, Fayetteville, Arkansas,
hereinafter called the OWNER and McClinton -Anchor Co., Division of APAC
Arkansas, Inc. of Fayetteville, Arkansas , hereinafter called the
CONTRACTOR.
WITNESSETH: That Whereas, the Owner has called for bids for the drainage
rehabilitation at Drake Field, Fayetteville Municipal Airport, Fayetteville,
Arkansas, as set out in the Plans and Specifications as approved by the Owner
and,
WHEREAS, "the
Plans and Specifications" shall be
interpreted
to mean the
bound set
of
documents entitled "CONSTRUCTION
SPECIFICATIONS, DRAINAGE
REHABILITATION,
DRAKE FIELD, •FAYETTEVILLE MUNICIPAL AIRPORT,
PROJECT NO.
FY862152,
NOVEMBER,
1986." and all subsequent
sketches and/or drawings
associated
with
Addenda and Change Orders mutually
agreed to by
and between
the Owner
and
the Contractor; the initial set
of drawings
specifically
includes:
SHEET NO. TITLE
Project Layout Plan
Drainage Rehabilitation
WHEREAS, the Contractor is the !best bidder for the work herein set out,
pursuant to the call for bids under said Plans and Specifications,
NOW THEREFORE, the Contractor agrees with the Owner to furnish all materials
and labor necessary to complete the
including all related work as shown
Specifications pertaining thereto, for
for Bid Item No. 1 and the revised quar
Bid Item No.Revised Quantity
1105 L.F.
165 L.F.
1.1 Acres
construction of the proposed Project
on the Plans and described in the
the unit prices bid in the PROPOSAL,
titles of Bid Items 2, 3 and 4:
Item
Drainage Rehab. with underdrain
Drainage Rehab. without underdrain
Seeding
Section 00500 - 1
McCle fiend
MIa MI Conlal,ing
J
said PROPOSAL being a part of this CONTRACT, and at his own cost and expense,
furnish all supplies, labor, machinery,equipment, tools, supervision,
insurance, and other accessories and services necessary to complete the said
construction in accordance with the conditions and prices stated in the
PROPOSAL attached hereto and made 1a part hereof, and in accordance with the
Specifications, and in accordance with the Plans, for the total sum
of: Forty Three Thousand, Nine Hundred Seventy Nine Dollars and Seventy
Five Cents (5 43,979.75 ). ;
The Contractor hereby agrees to ;commence work under this CONTRACT on or
before a date to be specified in the written "NOTICE TO PROCEED" by the Owner
and to fully complete the project within 20 working days unless the
period for completion is extended otherwise by the Contract Documents.
The Owner agrees to pay the Contractor in current funds for the performance
of the CONTRACT in accordance with the accepted PROPOSAL therefore, subject
to additions and deductions, as provided in the Specifications, and to make
payment on account thereas provided below:
As soon as is practicable after the first of each calendar month,
the Owner will make partial payments to the Contractor for work
performed during the preceding calendar month, based upon the
Engineer's estimate of work completed, less retainage, said
estimate being accepted by the Owner. The amount of retainage is
to be established in accordance with the GENERAL CONDITIONS,
appearing hereafter. Upon, completion of the work and final
acceptance by the Owner, the balance of payment will be made.
Time is hereby expressly declared to be of the essence of this CONTRACT, and
the time of beginning, manner of progress and time of completion of the work
hereunder, shall be , and are, essential conditions hereof. It is expressly
understood and agreed, by and between the Contractor and the Owner, that the
time for the completion of the Work described in this CONTRACT is a
reasonable time for the completion of the same, taking into consideration the
average climatic range and usual conditions prevailing in this locality. If
the Contractor shall neglect, fail, or refuse to complete the work within the
time specified, or any proper extension thereof granted by the Owner, then
the Contractor does hereby agree, as a part consideration for the awarding of
this Contract, to pay to the Owner the amount of $250.00 for each and every
week day (Monday through Friday) that the Contractor shall be in default
after the time stipulated in the CONTRACT for completing the work.
If the Contractor should be delayed at any time in the progress of the Work
by any act •or neglect of the Owner or his employees, or by any other
Contractor employed by the Owner., •or by changes ordered in the Work, or by
strikes, lockouts, fire, unusual delay in transportation, unavoidable
casualties or any causes beyond the Contractor's control, or by delay
authorized by the Owner pending arbitration, or by any causes which the Owner
shall decide to justify the delay, then the time of completion shall be
extended for such reasonable timeias the Owner may decide. Similarly, should
Section 00500 - 2
McCl.11and
Consulting
the Contractor be unable to complete the Work due
inclement weather or because of delays in delivery
components, time extensions may be granted by the
extensions shall be made for delays occurring more
claim therefore is made in writing to the Owner. Ii
cause of delay, only one claim is necessary.
to abnormally persistent
of necessary construction
Owner. However, no such
than seven days before a
the case of a continuing
In the event the Contractor abandons the work hereunder or fails, neglects or
refuses to continue the Work after ten (10) days written notice, given the
Contractor by the Owner, then the Owner shall have the option of declaring
this CONTRACT at an end, in which event, the Owner shall not be liable to the
Contractor for any work theretofore performed hereunder; said Owner may
complete the said CONTRACT at its own expense, and maintain an action against
the Contractor for the actual cost of same.
This CONTRACT shall be binding upon the heirs, representatives, successors,
or assigns of the parties hereto, including the surety.
IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and
seal,, respectively.
McClinton -Anchor Co., Division of
•.'� a. �, APAC-Arkansas Inc.
tractor
'� r BY
TITLE ii.!'. Coiul T
itness '.�/
City of Fayetteville
Owner
BY Thacr
sue.
Mari yn J nson
TITLE Mayor
Section 00500 - 3
MCpSIIond
Conwlrinp
Ilii6..°t1% ` -"'� Enpinnrs
A ME AND ADDRESS OF AGENCY
United Service Agency, Inc.
Post Office Box 11765
Lexington, Kentucky 40577
AME AND ADDRESS OF INSURED
IcCLINTON-ANCHOR COMPANY, A DIVISION
)F APAC-ARKANSAS, INC.
40 NORTH BLOCK
).O. BOX 1367
'AYETTEVILLE, ARKANSAS 72702
COMPANY COMPANIES AFFORDING COVERAGES
LETTER
A Insurance Company of North America
B INA of Texas
C INA Insurance Company of Illinois
D Atlantic Employers Insurance Company
E
F
G
'-T'his
is to certify that policies of
insurance listed below have been issued to the insured
named above and are in force at this time.
OMPANY
POLICY
Limits of Liability in Thousands 10001
LETTER
TYPE OF INSURANCE
POLICY NUMBER !
EXPIRATION DATE
EACH
POLICY
OCCURRENCE
AGGREGATE
GENERAL LIABILITY
PERSONAL INJURY
INCLUDING
$
$
A
Xrl COMPREHENSIVE FORM
LAB 26605
12.1-89
1 BODILY INJURY
PREMISES -OPERATIONS
IPROPERTY
DAMAGE
$
$
EXPLOSION AND COLLAPSE
HAZARD
UNDERGROUND HAZARD
PRODUCTS/COMPLETED
OPERATIONS HAZARD
PERSONAL INJURY,
CONTRACTUAL INSURANCE
BODILY INJURY AND
$ 1,000
$ 1,000
BROAD FORM PROPERTY
PROPERTY DAMAGE
DAMAGE
COMBINED
INDEPENDENT CONTRACTORS
PERSONAL INJURY
AUTOMOBILE LIABILITY
BODILY INJURY
EACH PERSONI
$
$
A
COMPREHENSIVE FORM
LAB 26605
12.1-89
BODILY INJURY
IEACH OCCURRENCEI
$
$
OWNED
PROPERTY DAMAGE
$
$
HIRED
BODILY INJURY AND
PROPERTY DAMAGE
$ 1,000
$ 1,000
NON -OWNED
COMBINED
EXCESS LIABILITY
-
BODILY INJURY AND
❑ UMBRELLA FORM
PROPERTY DAMAGE
$
$
❑ OTHER THAN UMBRELLA
- COMBINED
FORM
A
RSCC18151625
S
B
WORKERSCOMPENSATION
RSCC18135929
STATUTORY
and
12-1-87
C
EMPLOYERS' LIABILITY
RSCC18135930
D
RSCC181359a2
$ 1,000
IEACH ACCIDENT
IL ,,,•
`:X21$itlrsS7':>.EZ�Z O7t',a
ww:::r.afam�.:,rYll+"�F':7itCr.':i'h'fh'Ra"e'.'"'rr.4+�is�SY�r:�r.TSaF.11To':e3:.SFi'AA'`a�:`t^c:��rG:J.G
DESCRIPTION
OF OPERATIONS/LOCATIONS/VEHICLES
CONSTRUCTION OF DRAINAGE REHABILITATION
IMPROVEMENTS
TO DRAKE
FIELD
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will
endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice
shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER: January 20', 1987
CITY OF FAYETTEVILLE DATE ISSUED:
FAYETTEVILLE, ARKANSAS 72701
-? r t
Y Ch FS -t
-
AUTHORIZED REPRESENTATIVE
INSURANCECOMPANY OF NORTH AMERICA, PHILADELPHIA, PENNSYLVANIA
GENERAL LIABILITY POLICY
STANDARD PROVISIONS
A Stock Insurance Company, herein called the Company
In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy,
agrees with the Named Insured as follows:
I
COVERAGE
Coverage is afforded under this policy in accordance with the specific Coverage Parts identified in the Declarations as being a part of this policy.
SUPPLEMENTARY PAYMENTS
The Company will pay, in addition to the applicable limit of liability:
(a) all expenses incurred by the Company, all costs taxed against the Insured in
any suit defended by the Company and all interest on the entire amount of any
judgment therein which accrues after entry of the judgment and before the
Company has paid or tendered or deposited in court that part of the judgment
which does not exceed the limit of the Company's liability thereon;
(b) premiums on appeal bonds required in any such suit, premiums on bonds to
release attachments in any such suit for an amount not in excess of the
applicable limit of liability of this policy, and the cost of bail bonds required
of the Insured because of accident or traffic law violation arising out of the use
of any vehicle to which this policy applies, not to exceed $250 per bail bond,
but the Company shall have no obligation to apply for or furnish any such
bonds;
(c) expenses incurred by the Insured for first aid to others at the time of an
accident, for bodily injury to which this policy applies;
(d) reasonable expenses incurred by the Insured at the Company's request in
assisting the Company in the investigation or defense of any claim or suit,
including actual loss of earnings not to exceed $25 per day.
DEFINITIONS
When used in this policy (including endorsements forming a part hereof): (2) when all operations to be performed by or on behalf of the Named Insured at
"automobile" means a land motor vehicle, trailer or semitrailer designed for the site of the operations have been completed, or
travel on public roads (including any machinery or apparatus attached thereto), (3) when the portion of the work out of which the injury or damage arises has
but does not include mobile equipment; been put to its intended use by any person or organization other than another
"bodily injury" means bodily injury, sickness or disease sustained by any Dersoh contractor or subcontractor engaged in performing operations for a principal
which occurs during the policy as a part of the same project.
period, including death at any time resulting
therefrom; Operations which may require further service or maintenance work, or correc
"collapse hazard" includes "structural property damage" as defined herein and lion repair or replacement because of an defect or deficient but which are
property damage to any other property at any time resulting therefrom. "Structural
property damage" means the collapse of or structural injury to any building or
structure due to (1) grading of land, excavating, borrowing, filling, back -filling,
tunnelling, pile driving, cofferdam work or caisson work or (2) moving, shoring,
underpinning, raising or demolition of any building or structure or removal or
rebuilding of any structural support thereof. The collapse hazard does not include
property damage (1) arising out of operations performed for the Named Insured by
independent contractors, or (2) included within the completed operations hazard
or the underground property damage hazard, or (3) for which liability is assumed
by the Insured under an incidental contract;
"completed operations hazard" includes bodily injury and property damage arising
out of operations or reliance upon a representation or warranty made at any time
with respect thereto, but only if the bodily injury or property damage occurs after
such operations have been completed or abandoned and occurs away from premises
owned by or rented to the Named Insured. "Operations" include materials, parts
or equipment furnished in connection therewith. Operations shall be deemed com-
pleted at the earliest of the following times:
(1) when all operations to be,performed .by or on behalf of the Named Insured
under the contract have been completed,
otherwise complete, shall be deemed completed. y,
The completed operations hazard does not include bodily injury or property
damage arising out of
(a) operations in connection with the transportation of property, unless the bodily
injury or property damage arises out of a condition in or on a vehicle created
by the loading or unloading thereof,
(b) the existence of tools, uninstalled equipment or abandoned or unused mate-
rials, or
(c) operations for which the classification stated in the policy or in the Company's
manual specifies "including completed operations";
"elevator" means any hoisting or lowering device to connect floors or landings,
whether or not in service, and all appliances thereof including any car, platform,
shaft, hoistway, stairway, runway, power equipment and machinery; but does not
include an automobile servicing hoist, or a hoist without a platform outside a
building if without mechanical power or if not attached to building walls, or a hod
or material hoist used in alteration, construction or demolition operations, or an
inclined conveyor used exclusively for carrying property or a dumbwaiter used
exclusively for carrying property and have a compartment height not exceeding
tour feet;
n
DEFINITIONS CONTINUED
"explosion hazard" includes property damage arising out of blasting or explosion.
The explosion hazard does not include property damage (1) arising out of the ex-
plosionof air or steam vessels, piping under pressure, prime movers, machinery
or power transmitting equipment, or (2) arising out of operations performed for
the Named Insured by independent contractors, or (3) included within the com-
pleted operations hazard or the underground property damage hazard, or (4) for
which liability is assumed by the Insured under an incidental contract;
"incidental contract" means any written (1) lease of premises, (2) easement
agreement, except in connection with construction or demolition operations an or
adjacent to a railroad, (3) undertaking to indemnify a municipality ;required by
municipal ordinance, except in connection with work for the municipality, (4) side-
track agreement, or (5) elevator maintenance agreement;
"Insured" means any person or organization qualifying as an Insured in the "Per-
sons Insured" provision of the applicable insurance coverage. The insurance
afforded applies separately to each Insured against whom claim is made or suit is
brought, except with respect to the limits of the Company's liability;
"mobile equipment" means a land vehicle (including any machinery or apparatus
attached thereto), whether or not self-propelled, (1) not subject to motor vehicle
registration, or (2) maintained for use exclusively on premises owned by or rented
to the Named Insured, including the ways immediately adjoining, or (3) designed
for use principally off public roads, or (4) designed or maintained for the sole
an
purpose
part of rornpto att ched totsuchthe
vehicle powertypes
cranes shovels,
B permanently
loaders, diggers and drills; concrete mixers (other than the mix -in -transit type);
graders, scrapers, rollers and other road construction or repair equipment; air -
compressors, pumps and generators, including spraying, welding and building
cleaning equipment; and geophysical exploration and well servicing equipment;
"Named Insured" means the person or organization named in the declarations of
this policy;
"Named Insured's products" means goods or products manufactured, sold, handled
or distributed by the Named Insured or by others trading under his name, including
any container thereof lother than a vehicle), but "Named Insured's products" shall
not include a vending machine or any property other than such container, rented
to or located for use of others but not sold;
"occurrence" means an accident, including continuous or repeated exposure to
conditions, which results in bodily injury or property damage neither expected nor
intended from the standpoint of the Insured;
"policy territory" means:
(1) the United States of America, its territories or possessions, or Canada, or
(2) international waters or air space, provided the bodily injury or properly dam-
age does not occur in the course of travel or transportation to or from any
other country, state or nation, or
(3) anywhere in the world with respect to damages because of bodily injury or
property damage arising out of a product which was sold for use or consump-
tion within the territory described in paragraph (1) above,. provided the original
suit for such damages is brought within such territory;
"products hazard" includes bodily injury and property damage arising out of the
Named Insured's products or reliance upon a representation or warranty made at
any time with respect thereto, but only if the bodily injury or property damage
occurs away from premises owned by or rented to the Named Insured and after
physical possession of such products has been relinquished to others;
"property damage" means (1) physical injury to or destruction of tangible property
which occurs during the policy period, including the loss of use thereof at any
time resulting therefrom, or (2) loss of use of tangible property which has not been
physically injured or destroyed provided such loss of use is caused by an occur -
race during the policy period;
"underground property damage hazard" includes underground property damage as
defined herein and property damage to any other property at any time resulting
therefrom. "Underground property damage" means property damage to wires,
conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any
apparatus in connection therewith, beneath the surface of the ground or water,
caused by and occurring during the use of mechanical equipment for the purpose
of grading land, paving, excavating, drilling, borrowing, tilling, back -filling or pile
driving. The underground property damage hazard does not include property dam-
age (1) arising out of operations performed for the Named Insured by independent
contractors, or (2) included within the completed operations hazard, or (3) for
which liability is assumed by the Insured under an incidental contract.
INSURANCE COMPANY. OF NORTH AMERICA, PHILADELPHIA, PENNSYLVANIA
GENERAL LIABILITY POLICY
Named City of Fayetteville
Insured P.O. Drawer F AND
Fayetteville, AR 72702
Address
L-
DECLARATIONS
McClelland GLP GO 66 33 10 9
Consulting Engineers
P.O. Box 1229 The Named Insured is:
Fayetteville, AR ❑ Individual O Partnership O Corporation
7 2 7 0 2 ❑ Joint Venture 0 (Other)
12:01 A.M., standard time at the address
Policy Period: From January ' 26 , 1987 to See Endorsement
of the Named Insured as stated herein.
No. 2
Occupation:
Audit Period: Annual, unless otherwise stated -
The insurance afforded is only with respect to such of the following Parts and Coverages therein as are indicated by O. The limit of the Company's liability against each
such Coverage shall be as stated herein, subject to all of the terms of the policy having reference thereto.
COVERAGE PARTS
❑ Comprehensive General Liability Insurance
❑ Owners', Landlords' and TenantsLiability Insurance
❑ Structural Alternations, New Construction, Demolition
❑ Manufacturers' and Contractors' Liability Insurance
❑ Independent Contractors
❑ Completed Operations and Products Liability Insurance
❑ Contractual Liability insurance
Gt Owners' Protective
❑ Liability Insurance
0
❑ Comprehensive Personal Insurance
❑ Farmer's Comprehensive Personal Insurance
O Premises Medical Payments Insurance
❑ Personal Injury Liability Insurance
Endorsements attached to policy at inception:
LIMITS OF LIABILITY
Bodily Injury Liability Property Damage Liability
each occurrence aggregate each occurrence aggregate
(Each
Annual
Period)
$500,000 $1,000,000 $1,000,00C
Personal Liability Personal Medical Payments
each occurrence each person each accident
$ $ $
Physical Damage to Property Animal Collision —Farmer's Part Only.
$ each occurrence Market Value not exceeding $300 each animal
each person each accident
$ $
each person aggregate general aggregate
$ $
GL -109 (OCP), Endorsements No. 1, 2 and 3
During the past three years no insurer has cancelled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein:
TOTAL ADVANCE PREMIUM ► S AGREED If the Policy Period is more than one year ani the premium is to be paid in installments, premium is payable on:
Effective Date $
2nd Anniversary $
2nd Anniversary $ Countersigned By ' V ' 1
Authorized Agent
Thk hnnlar 4ir nn n..A P ............. D..J.\ ...DA D..1:... Cr..A..A D....d.:.......A [.A............r. :r ..... ...A 4., r...— ......d .k.....d rl.. .A.... ...—A.....A ..1:...
OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE
COVERAGE PART
ADDITIONAL DECLARATIONS
Policy No. GLP GO 66 33 10 9
Designation of Contractor McClinton -Anchor Company, Division of APAC-Arkansas, Inc.
Mailing Address P.O. Box 1367, Fayetteville, aR 72702
Location of CoveredOperatprtsainage Rehabilitation -Improvements to Drake Field,
Fayetteville Municipal Airport - Repair Storm Drainage System
O Check here if the following provision is applicable:
The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return
premiums, if any, which may become payable under the terms of this policy. -
SCHEDULE
COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR
Rates Advance Premiums
Code Description of Operations Premium Bases
No. B.I. I P.D. Bodily Injury Property Damage
3 - 15292 - Construction Operations Cost Per$100 of Cost
Owner (not railroads) - Excluding
Operations on Board Ships. $43,979.75
Minimum Premium(s) TOTALS $ $
TOTAL ADVANCE PREMIUM 1 $ AS AGREED
When used as a premium basis, the word "cost" means the total cost to the Named Insured with respect to operations performed for the Named Insured during
the policy period by independent contractors of all work let or sublet in connection with each specific project, including the cost of all labor, materials and
equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees,
allowances, bonuses or commissions made. Paid or due.
(Over)
i l..
1. COVERAGE A —BODILY. INJURY LIABILITY
COVERAGE B —PROPERTY DAMAGE LIABILITY
The Company will pay on behalf of the Insured all sums which the Insured shall
become legally obligatedto pay as damages becauseof
A. bodily injury or .e
B. property damage
to which this policy applies, caused by an occurrence and arising out of ill opera-
tions performed for the Named Insured by the contractor designated in the
declarations at the location designated therein or 12) acts or omissions of the
Named Insured in connection with his general supervision of such operations, and
the Company shall have the right and duty to defend any suit against the Insured
seeking damages on account -of suchbodily. injury or property damage,,even it any
of the allegations of the suit are groundless, false or fraudulent; and may make
such investigation and settlement of any claim or suit as it deems.;expedient, but
the Company shall not be obligated to pay any claim or judgment or to defend any
suit after.the applicable limit of the Company's liability has been exhausted by pay-
ment of judgments or settlements.
Exclusions -
This policy does not apply:
(a) to liability assumed by the Insured under any contract or agreement except an
incidental contract; but this exclusion does not apply to a warranty that work
performed by the designated contractor will be done in a workmanlike manner;
(b) to bodily injury or property damage occurring after I -
(1) all work 'on the project (other than service, maintenance or repairs) to be
performed by or on behalf of the Named Insured at the site of the covered
operations has been completed or
(2) that portion of the designated contractor's work out of which the injury
or damage arises has been put to its intended use by any person or organi.
zation other than another contractor or subcontractor engaged in perform-
ing operations for a principal as a part of the same project;
(c) to bodily injury or property damage arising out of any act or omission of the
Namea Insured or any of his employees, other than general supervision of work
performed for the Named Insured by the designated contractor;
(d) to any obligation for which the Insured or any carrier as his insurer may be
held liable under any workmen's compensation, unemployment compensation
or disability benefits law, or under any similar law;
(e) to bodily injury to any employee of the Insured arising out of and in.the course
of his employment by the Insured or to any obligation of the Insured to indem-
nify another because of damages arising out of such injury; but this exclusion
does not apply to liability assumed by the Insured under an incidental contract;
(f) to property damage to
(1) property owned or occupied by or rented to the Insured,
(2) property used by the Insured,
(3) property in the care, custody or control of the Insured or as to which the
Insured is for any purpose exercising physical control, or
f4) work performed for the Insured by the designated contractor•
(g) to bodily injury or property damage due to war, whether or not declared, civil
war, insurrection, rebellion or revolution or to any act or condition incident to
any of the foregoing, with respect to (1) liability assumed by the Insuredunder
an incidental contract, or (2) expenses for first aid under the"Supplementary
Payments provision of the policy;
(h) to bodily injury or property damage arising out of (1) the ownership, mainte-
nance, operation, use, loading or unloading of any mobile equipment while
being used in any prearranged or organized racing, speed or demolition contest
or in any stunting activity or in practice or preparation for any such contest or
activity or (2) the operation or use of any snowmobile or trailer designed for
use therewith; y
(I) to bodily injury or property damage arising out of the discharge, dispersal,
release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals,
liquids or gases, waste materials or other irritants, contaminants or pollutants
into or upon land, the atmosphere or any water course or body of water; but
this exclusion does not apply if such discharge, dispersal, release or escape is
sudden and accidental;
(j) to 'loss of use of tangible property which has not been physically injured or
destroyed resulting from , "', f
U) a delay in or lack of performance by or on behalf of the Named Insured of
any contract or agreement, or
(2) the failure of the Named Insured's products or work performed by or on
behalf of the Named Insured to meet the level of performance, quality,
fitness or durability warranted or represented by the Named Insured;
but this exclusion does not apply to loss of use of other tangible property
resulting from the sudden and accidental physical injury to or destruction of
the Named insured's products or work performed by or on behalf of the Named
Insured at let such products or work have been put to use by any person or
organization other than an Insured. .
II: "PERSONS "INSURED
Each of the following" is. an Insured under this policy to the extent set forth
below: -
(a) if the Named Insured is designated in the declarations as an individual, the
personso designatedand his'spouse; .
(b) if the Named Insured is designated in the declarations as a partnership or joint
venture, the partnership or joint venture so designated and any partner or
member thereof but only with respect to his liability as such;
(c) if the Named Insured is designated in the declarations as other than an indi-
vidual, partnership or joint venture, the organization so designated and any
executive officer, director or stockholder thereof while acting within the scope
of his duties as such; and
(d) any person (other than an employee of the Named Insured) or organization while
acting as real estate manager for the Named Insured.
111. LIMITS or LIABILITY
Regardless of the number of (1) Insureds under this policy, (2) persons or organi-
zations who sustain bodily injury or property damage, or (3) claims made or suits
brought on account of bodily injury or property damage, the Company's liability is
limited as follows: 1
Coverage A —The total liability of the Company for -all damages, including dam-
ages for care and loss of services, because of bodily injury sustained by one or
more persons as the result of any one occurrence shall not exceed the limit of
bodily injury liability stated in the declarations as applicable to "each occurrence."
Coverage B —The total liability of the Company for all damages because of all
property damage sustained by one or more persons or organizations as the result
of any one occurrence shall not exceed the limit of property damage liability stated
in the declarations as applicable to "each occurrence."
Subject to the above provision respecting "each occurrence," the total liability
of the Company for all damages because of all property damage to which this
coverage applies shall not exceed the limit of property damage liability stated in
the declarations as "aggregate." If more than one project is designated in the
schedule, such aggregate limit shall apply separately with respect to each project.
Coverages A and B ---For the purpose of determining the limit of the Company's
liability, all bodily injury and property damage arising out of continuous or repeated
exposure to substantially the same general conditions shall be considered as arise
ing out of one occurrence.
IV. ADDITIONAL DEFINITION
When used in reference to this insurance (including endorsements forming a part
of the policy):
"work" includes materials, parts and equipment furnished in connection there.
with.
V. POLICY TERRITORY
This policy applies only.ta bodily injury or property damage which occurs within
the policy territory,
Named Insured City of Fayetteville Endorsement Number
McClelland Consulting Engineers 1
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
Y A
AGLP GO 66 33 10 9 January 26, 1987
Issued By (Name of Insurance Company)
Insurance Company of North America
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
AMENDMENT TO CANCELLATION CONDITION
F
The second sentence of Condition No. 11 is amended to read as
follows:
"This policy may be cancelled by the Company by mailing to the
Named Insured and the Contractor at the respective addresses
shown in this policy, written notice stating when not less than
SIXTY days thereafter such cancellation shall be effective."
1-26-87
rArt AuthorizedA
Named Insured City Of Fayetteville I Endorsement Number
McClelland Consultinq Enqineers 2
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
�GLP GO 66 33 10 9 January 26. 1987
Issued By (Name of Insurance Company)
Insurance Company of North America
Insert the policy number. The remainder of the information is to becompleted pleted only when this endorsement is issued subsequent to the preparation of thepolicy.
icy.
POLICY PERIOD
It is hereby understood and agreed that the Policy Period is
extended to expire on the latest of the following dates:
(1) at project completion
(2) at date required on job contract
(3) at date of acceptance of job contract by the
Named Insured
1-26-87
cdg
r!'_lcic oa Inil Ca
ut cline
Authorized Agent
Named Insured City of Fayetteville Endorsement Number
McClelland Consulting Engineers 3
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
GLP- GO 66 33 10 9 January 26. 1987
Issued By (Name of Insurance' Company)
Insurance Company of North America
Insert the policy number, The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
EXCLUSION
(Engineers, Architects or Surveyors Professional Liability)
It is agreed that the insurance does not apply to bodily injury
or property damage arising out of the rendering of or the failure
to render any professional services by or for the Named Insured,
including
(1) the preparation or approval of maps, plans, opinions,
reports, designs or specification and
(2) supervisory, inspection or engineering services.
1-26-87'_
cdg • �VV W\
Authorized Agent
NUCLEAR ENERGY LIABILITY EXCLUSION
(BROAD FORMI
This exclusion modifies the provisions of this policy relating to ALL LIABILITY AND MEDICAL PAYMENTS
INSURANCE OTHER THAN COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE.
This policy does not apply:
a. Under any Liability Coverage, to bodily injury or property damage:
(1) with respect to which an Insured under the policy is also an Insured
under a nuclear energy liability policy issued by Nuclear Energy Liability
Insurance Association, Mutual Atomic Energy Liability Underwriters, or
Nuclear Insurance Association of Canada. or would be an Insured under
any such policy but for its termination upon exhaustion of its limit of
liability; or
(2) resulting from the hazardous properties of nuclear material and with
respect to which (a) any person or organization is required to maintain
financial protection pursuant to the Atomic Energy Act of 1954, or any
law amendatory thereof, or (b) the Insured is, or had this policy not
been issued would be, entitled to indemnity from the United States of
America, or any agency thereof, under any agreement entered into by
the United States of America, or any agency thereof, with any person
or organization.
b. Under any Medical Payments Coverage, or under any Supplementary
Payments provision relating to first aid, to expenses incurred with respect
to bodily injury resulting from the hazardous properties of nuclear material
and arising out of the operation of a nuclear facility by any person or
organization;
c. Under any Liability Coverage, to bodily injury or property damage resulting
from the hazardous properties of nuclear material, if:
(1) the nuclear material (a) is at any nuclear facility owned by, or operated
by or on behalf of, an insured, or Ib) has been discharged or dispersed
therefrom;
(21 the nuclear material is contained in spent fuel or waste at any time
possessed, handled, used, processed, stored, transported or disposed
of by or on behalf of an Insured; or
(3) the bodily injury or property damage arises out of the furnishing by an
Insured of services, materials, parts or equipment in connection with
the planning, construction, maintenance, operation or use of any
nuclear facility, but if such facility is located within the United States of
America, its territories or possessions, or Canada, this exclusion (3) ap-
plies only to property damage to'such nuclear facility and any property
thereat;
1. Premium
d. As used in this Exclusion:
(1) "Hazardous properties" include radioactive, toxic or explosive prop-
erties;
(2) "Nuclear material" means source material, special nuclear material
or by-product material;
(3) "Source material", "special nuclear material" and "by-product
material" have the meanings given them in the Atomic Energy Act
of 1954 or in any law amendatory thereof;
(4) "Spent fuel" means any fuel element or fuel component, solid or li-
quid. which.has been used or exposed to radiation in a nuclear reac-
tor;
(5) "Waste" means any waste material (a) containing by-product
material other than tailings or wastes produced by the extraction or
concentration of uranium or thorium from any ore processed
primarily for its source material content, and (b) resulting from the
operation by any person or organization of any nuclear facility in-
cluded under the first two paragraphs of the definition of nuclear
facility.
(6) "Nuclear facility" means: (a) any nuclear reactor; (b) any equipment
or device designed or used for (i) separating the isotopes of uranium
or plutonium, (iiI processing or utilizing spent fuel, or (iii) handling,
processing or packaging waste;lc) any equipment or device used for
the processing, fabricating or alloying of special nuclear material if
at any time the total amount of such material in the custody of the
Insured at the premises where such equipment or device is located
consists of or contains more than 25 grams of plutonium or uranium
233 or any combination thereof, or more than 250 grams of uranium
235; (d) any structure, basin, excavation, premises or place
prepared or used for the storage or disposal of waste; and lelin-
cludes the site on which any of the foregoing is located, all opera-
tions conducted on such site, and all premises used for such opera-
tions;
(7) "Nuclear reactor" means any apparatus designed or used to sustain
nuclear fission in a self-supporting chain reaction or to contain a
critical mass of fissionable material;
(8) "Property damage" includes all forms of radioactive contamination
of property.
CONDITIONS
All premiums for this policy shall be computed in accordance with the
Company's rules, rates, rating plans, premiums and minimum premiums
applicable to the insurance afforded herein.
Premium designated in this policy as "advance premium" is a deposit
premium only which shall be credited to the amount of the earned premium
due at the end of the policy period. Al the close of each period (or part
thereof terminating with the end of the policy period) designated in the
declarations as the audit period the earned premium shall be computed for
such period and, upon notice thereof to the Named Insured, shall become
due and payable. If the total earned premium for the policy period is less
than the premium previously paid, the Company shall return to the Named
Insured the unearned portion paid by the Named Insured.
The Named Insured shall maintain records of such information as is
necessary for premium computation, and shall send copies of such records
to the Company at the end of the policy period and at such times during the
policy period as the Company may direct.
2. Inspection and Audit
The Company shall be permitted but not obligated to inspect the Named In-
sured's property and operations at any time. Neither the Company's right
to make inspections nor the making thereof nor any report thereon shall
constitute an undertaking, on behalf of or for the benefit of the Named In-
sured or others, to determine or warrant that such properly or operations
are safe or healthful, or are in compliance with any law, rule or regulation.
The Company may examine and audit the Named Insured's books and
records at any time during the policy period and extensions thereof and
within three years after the final termination of this policy, as far as they
relate to the subject matter of this insurance.
3. Financial Responsibility Laws
When this policy is certified as proof of financial responsibility for the
future under theprovisions of any motor vehicle financial responsibility
law, such insurance as is afforded by this policy for bodily injury liability
or for property damage liability shall comply with the provisions of such
law to the extent of the coverage and limits of liability required by such
law. The Insured agrees to reimburse the Company for any payment
made by the Company which it would not have been obligated to make
under the terms of this policy except for the agreement contained in this
paragraph.
4. Insured's Duties in the Event of Occurrence, Claim or Suit
(a) In the event of an occurrence, written notice containing particulars
sufficient to identify the Insured and also reasonably obtainable in-
formation with respect to the time, place and circumstances
thereof, and the names and addresses of the injured and of available
witnesses, shall be given by or for the Insured to the Company or
any of its authorized agents as soon as practicable.
(b) If claim is made or suit is brought against the Insured, the Insured
shall immediately forward to the Company every demand, notice,
summons or other process received by him or his representative.
Cc) The Insured shall cooperate with the Company and, upon the Com-
pany's request, assist in making settlements, in the conduct of suits
and in enforcing any right of contribution or indemnity against any
person or organization who may be liable to the Insured because of
injury or damage with respect to which insurance is afforded under
this policy; and the Insured shall attend hearings and trials and assist
in securing and giving evidence and obtaining the attendance of
witnesses. The Insured shall not, except at his own cost, voluntarily
make any payment, assume any obligation or incur any expense
other than for first aid to others at the time of accident.
CONDITIONS
I�
5. Action Against Company
No action shall lie against the Company unless, as a condition precedent
thereto, there shall have been full compliance with all of the terms of this
policy, nor until the amount of the Insured's obligation to pay shall have been
finally determined either by judgment against the Insured after actual trial or
by written agreement of the Insured, the claimant and the Company.
Any person or organization or the legal representative thereof who has
secured such judgment or written agreement shall thereafter be entitled to
recover under this policy to the extent of the insurance afforded by this policy.
No person or organization shall have any right under this policy to join the.
Company as a party to any action against the Insured to determine the In-
sured's liability, nor shall the Company be impleaded by the Insured or his
legal representative. Bankruptcy or insolvency of the Insured or of the In-
sured's estate shall not relieve the Company of any of its obligations here-
under.
6. Other Insurance
The insurance afforded by this policy is primary insurance, except when stated
to apply in excess of or contingent upon the absence of other insurance. When
this insurance is primary and the Insured has other insurance which is stated
to be applicable to the loss on an excess or contingent basis, the amount of
the Company's liability under this policy shall not be reduced by the existence
of such other insurance.
When both this insurance and other insurance apply to the loss on the same
basis, whether primary, excess or contingent, the Company shall inot be liable
under this policy for a greater proportion of the loss than that stated in the
applicable contribution provision below:
(a) Contribution by Equal Shares. It all of such other valid and collectible
insurance provides for contribution by equal shares, the Company shall not
be liable for a greater. proportion of such loss than would be payable if
each insurer contributes an equal share until the share of leach insurer
equals the lowest applicable limit of liability under any one policy or the
full amount of the loss is paid, and with respect to any amount of loss not
so paid the remaining insurers then continue to contribute equal shares
'of the remaining amount of the loss until each such insurer, has paid its
limit in full or the full amount of the loss is paid.
(bl Contribution by Limits. If any of such other insurance does not provide for
contribution by equal shares, the Company shall not be 1iablelfor a greater
proportion of such loss than the applicable limit of liability under this
policy for such loss bears to the total applicable limit of liability of all
valid and collectible insurance against such loss.
7. Subrogation i
In the event of any payment under this policy, the Company shall be subro-
gated to all the Insured's rights of recovery therefor against any person or
organization and the Insured shall execute and deliver instruments and papers
CONTINUED
and do whatever else is necessary to secure such rights. The Insured shall do
nothing after loss to prejudice such rights.
6. Changes
Notice to any agent or knowldege possessed by any agent or by any other
person shall not effect a waiver or a change in any part of this policy or estop
the Company from asserting any right under the terms of this policy; nor shall
the terms of this policy be waived or changed, except by endorsement issued
to form a part of this policy.
9. Assignment
Assignment of interest under this policy shall not bind the Company until its
consent is endorsed hereon; if, however, the Named Insured shall die, such
insurance as is afforded by this policy shall apply (I) to the Named Insured's
legal representative, as the Named Insured, but only while acting within the
scope of his duties as such, and (2) with respect to the property of the Named
Insured, to the person having proper temporary custody thereof, as Insured,
•but only until the appointment and qualification of the legal representative.
10. Three Year Policy
If this policy is issued for a period of three years any limit of the Company's
liability stated in this policy as "aggregate" shall apply separately to each
consecutive annual period thereof.
12.
Cancellation
This policy may be cancelled by the Named Insured by surrender thereof to the
Company or any of its authorized agents or by mailing to the Company written
notice stating when thereafter the cancellation shall be effective. This policy
may be cancelled by the Company by mailing to the Named Insured at the
address shown in this policy, written notice stating when not less than ten
days thereafter such cancellation shall be effective. The mailing of notice as
aforesaid shall be sufficient proof of notice. The time of surrender or the
effective date and hour of cancellation stated in the notice shall become the
end of the policy period. Delivery of such written notice either by the Named
Insured or by the Company shall be equivalent to mailing.
If the Named Insured cancels, earned premium shall be computed in accord-
ance with the customary short rate table and procedure. If the Company
cancels, earned premium shall be computed pro rata. Premium adjustment
may be made either at the time cancellation is effected or as soon as prac-
ticable after cancellation becomes effective, but payment or tender of un-
earned premium is not a condition of cancellation.
Declarations
By acceptance of this policy, the Named Insured agrees that the statements in
the declarations are his agreements and representations, that this policy is
issued in reliance upon the truth of such representations and that this policy
embodies all agreements existing between himself and the Company or any
of its agents relating to this insurance.
IN WITNESS WHEREOF, the INSURANCE COMPANY OF NORTH AMERICA has caused this policy to be signed by its President and a Secretary at Philadelphia, Pennsy4
vania, and countersigned on the. Declarations page by a duly Authorized Agent of the Company.
yy,
r VV Vim•`. �' ��Y/�
HARRY (Yr. ea WILSON H. TAYLOR, President
r -
r;
ARKANSAS STATUTORY PERFORMANCE
AND PAYMENT BOND
xhs�eh�ra
r I
SECTION 00610
ARKANSAS STATUTORY PERFORMANCE AND / 9
AThEN � BO
sj 0 o
19
We, McClinton -Anchor Co., Division of APAC-Arkan(a5(c2J.nc. ,p,�, as4 rincipal
hereinafter called Principal or Contractor, and I flA1NAa4JI cokt Y Of NORTH
AMERICA , hereinafter called Sure. ;�9' eid� firmly
bound unto City of Fayetteville as 0bligea/hetxt,naffgt called
Owner, in the amount of Forty Three Thousand, Nine Hurldr,,ed vt t�y Nine
Dollars and Seventy Five Cents Dollars (S 43,979.75 i8-,/forhe 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 January 28, 1987 entered into a
contract with the Owner for construction of Drainage Rehabilitation
Imorovements to Drake Field , which contract is by reference made a
part hereof, and is hereinafter referred to as the Contract.
The condition of this obligation is such 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 to do so and shall fully reimburse and make good any such
default, and, further, that if the Principal shall pay all persons all
indebtedness for labor 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 State
of Arkansas. No suit, action or proceeding shall be brought on this bond
except by the Owner after six months from the date final payment is made on
the Contract, nor shall any suit, action or proceeding be brought by the
Owner after two years from the date on which the final payment under the
Contract falls due.
All 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.
In no event shall the aggregate liability of the Surety exceed the sum set
out herein.
Section 00610 - 1
4ccbiland
.jnsa -..Ni Ccnwl,ina
r
This bond is executed pursuant to the terms of Act 209 of 1957 of the
Arkansas Legislature.
Executed on this 28th day of
Recorded in the County of
State of
On the date of
January , 1987
McCLINTON-ANCHOR COMPANY, DIVISION
OF APAC1-K/A' AS, I,C.
PRINCI
BY:
IN URA CE COMPANY OF NORTH AMERICA
SU TV
Attdr yin -fact Judy/Fran=ks�' rv.;
COUNTERSIGNATURE: rt
Lh. — e`r r
Section 00610 - 2
McCl/lland
n�gmd To rwl Conwl,lnq
CMj -.r.
%
I n: f'\� i3O "'\\�i�I\'✓i, '`•%r\,./i �i,'\'.`4!�'��i\\v',,\I/j��4%,\\'.,/%�'1\.�/\j\I !�\gip/,' !%''\i,%�„j
;POWER I,\ ...a.. ' •'- v ,. ' ��; I: •s.\,f,wy � .; r\\%•' • ;/ II
^•'ATTORNEY ''\ V' n.'•
a :l
''rslr�r• r Co^uJ c hn^r I,:ne1:: �� /
it\'r./\\'` iI '•y \ ,• ,�` \ /I\ ,rh/\ •// \• }•, 1 \\//,.\ I, r .� , I 1 I r
h \ , • ,, OMAN/OMAN. / /r , /\ ,4//\ '/ �f•. r'•.\' /1 \/i/\\.•%'/\u/'J�'''/\r!''
•./\\'/.Ii\/'\.. \1 /.I \/1/ //\ `I \\III\\/•/"\\r �I 1 . S,.>.
0• r. . .,�\�• ,/ 1 I/, i,\I,r •\ I„•
II IY 1'/"\i''iY\: \� , ,'�' \ r/ `�•�/ ' / \ r/`\//n,`./ �. \I /�•'I/• \ /V �. �n:�%/ /\•�•.\� �rn,`, n.\•, II".\' %\•i'0 o'no AN
` Kn'ow .all'mc'rib ''th se /pr / M I' '•
r'r !\ •, \ / y' O , esents.; •1,1•rlrisuaaNCF'•coMPnFJr 1FMORTN,AMFRICA I I 1 •!'i ` 1. ^''•'\'
•y, \�/�1 i1 ,1, r:..l' •,'In'1 •:m. '00 ll: 1, 1.'L. u•I 1 i i,l.•.•. ..1.'„ •, •': li.: l!11'::1'•u• I,: "•1.:... „/Ir •. i,:.l " Ii In A. ��l i'uu 1. • �„�:/�,
JI•,, rr. q\.II"%. . I\, •/. i' 1 0.,i •l, I'r'\'I r', .', 1' Ir /r1 I „. „r '•'I , d
'II •• �:Ifl l.. .1,•. ... ::'y .'•I I. •ri.Y'. ".n:'1 1'11; 1.1'I'P' i1 '111. aI /:% �'!%•/',. /. �'//• \•i'„/,''r/
. e/I/\,/II\ L• 0o _0•0 V/ ' •1 •..,/./ ,i. I\,,' .\ .,.' n' "/i /\.\�• •/'
/1 ./`. I, 1,, IT PO'I/„ .Ii. .r O/\',•0A : ,.:4/I\ V�I \•/I no, i'/\\ .:\\ i •'l,A'\I,,'o1,/.II/ '\\\//,OM%
I"• \\./M1i ,\ /. `\,., 11, }. "• IN\i• 1 'Y, 1 • „ • • •.. Y . "• nq• • , .I "./,• r •. Y' • ", ! •, .hI .. • f, I ' • •f
.I n\\i. - •..•• •1. f.• •..1 . r1. v./''.\'\%I"0'.'0 \%/#• \ %# rl../ /• \• \/'\ /Y . i'Of /'., '/; //
V•!0••.
1.• •. N ,.. I. '.I,.11 1 (/ ,\/!OMAN\%/1: \,%/;\/f,\�
/./\''i%\.
I•\ r \/Ir\\•"• •. .. • •I lf•o .. 'u •. •..y. af•1.. • y.•• . AN .. .' . f.r ".•• •- • •• . • ^1.• \
AN •. .Ad• Y'• • •-2 r . •• ....•I •-• n I . •. ••• • • q • A .. .II. ._ n n • .:I, .. ..
'•0 .n .." \ r•,V f lq • i M.• ...,.n ••
• ' u • • .. f 1 .• , • , • •I.P • ..' ' q . 1 : . . . f • '• r, i1
/\\0# . T•, 9, Mr••' Y r •.f i• •n@ •• I•,•1 • •.• •!. .' ••"• ,I.' • • Y • ••, .y.•
•\I//il d, I`, .,'',•%/0#I.,1%%,0!•• /• •'/�Y' I• •I %
I\/. ,,,, \ 1;'i.\JII I 'i ,\ 11\ \r //. I ,i' I .., y ., r '1 1 \' /, \ Ii .• I/.
\'.r/.
n•
... I\. • •1. . -,. .1. • 1 IN •- -le f• •'• .•. • ...1 V .. . .1..1 - •,f . .' .• • . . .. - •,, - .00 Iry\
✓ ,\,L.,,. Ii \, I,. .I \,'/•' \ r/� /r ), i , 11 J'r .\/ %,,0• •
I. .II .iI1 i/ \i ./ ',/r•\IIi'uJ'/.\
•I,.
f.•�•I I •I 'p •'-.i 4i •..p.IV Yl. f'q u
• ..• As • . .... • 1. • •'.
/I I. ��\��r•""'\}I 111• .Iri r\ •
-•l -'r-- • . • •.'. -•,. •.^ 'f .' ..'l • •-•'• Ad
f Y
.//n\',r%`\/r, i'\on.•i:.or -•. .�'• -i •l.••I f ••n 'n I, .-. .\• 'II /'/. I
-1rlln., '.I • V i'\ • ,,/,, ,., 1'.I/:'-ii:\I•f ••..•• • ••.r\\i•I%• a...
\%ii\•,I \/I• 'S r . \%O\\V/ :1•�/}'•'.N��`\`//`'
\\./1\,/.r\/a\' \`•n\'., \/,\I• i',,. `i/ ./Y J,/,,;n//\
,1;... •u•-. --_1 . ..• .. . fI ON ^ S.. •f •.•.--- MI • - ^ f If ' i• ,.n • o- •
!,i•'.\'I. i,, it /'Y n /.\ '•1%,• /.•. .. %%%#0. IN 0 .., 'i\''y•\', Ir/ /r^ ..\.• `\
r. Vin:. 'JI/' ,/•.I I. • . - I .... • 1% ./ . , .in ....0 1 .. ...' `r
%i,.' 'rn .11•/ '1 • 1' i!'.1 bi'i."II .' •.-' f . ... 1'\ Ilia ,`• . •. .. .•, .. �. i.. , r, , .' . . 1/: u •
/I,•'''�•1:•1 Ir.1, ry `\�i'i,, V'%i .•.I/•Yn .: i�. •
/; sii• \I, • is .•, n.�' 11 •. 1-\\ //��`J _'-,: I; \I/•.� / I� fir '\' `; iry,\n'I I. ,•/5`..:..� \.,,. `. %%,.
I i/r#%, %1%Ir •\'I,•\\ / e. \e/. i1 'l \\ /' . 0 I II II \\//I\ /\' I' .. i ,1• r / \ I`
I \I ,OMAN i/\\ I /. \./ / \\• \M , \ I I / . \ I•I• r, % 1V •/ i/I
..........................................................'.0
//\/ \ \' / \ , • r '\ ./\ / ../ \/ '..\• ,•'\• AN•• • I H •% • I .r ,I �\ I/ \'/ n // /� i lls.
/\, n: ,\'/ri"L.••\' y %\/\ /IY II ,/1. , \•'- I
i Y-11//\J•\V ..s /,., J .; //P\'//\ ;1/' �I
OMAN "I/"\. / '/\ 'I\. .' -•• \n' \./.// II 'N\ /I I\.
'Lr \ //\ J.' '.I' r,Y\' \`./L __ . - 'I• •%0 1 \ •'•✓i)• I' n. p ', .I' e/ II\ /• •/i...r//"
I.
r/r�\b'I \ .- % -. '\.• 0 '�• %. I , �. \ `/ , ."%• / N. r\ .. Hie L.\.,Ir \/ \'\ \/' , \
•r r JII\ \ / •\'• .'rI�
._\' •I': . . ." . 11' ryi\\% '/!• I" •\ ' / • •1 \ r , �'/ 000\%#00 '/I 1 I , r1� /
'I w�........................................ r._•/.\:1•,•I '/-\` Y." ._ '"'. _ OMAN' AI --•
An' _ /\
I, •/ i _ _.•-__i. _, ��.. it _ •__. _ A ___ I. i t
u/r\ L '✓ r 1, II. ' \I,/\ii//•%,rI I\\" 1\ iI' .., / \ .y'I' .n, //a\ 1,\, \'I,i\'%/: • r'V
.r .'' •/1' r /I '! N., • '', \ n/•'`\ •,._. •I ri' 'r '/ :\rr
OMAN i,r.1\ /"\: /\ .I\ \ I/\' •'i //r .L\\ \ I •, ./'. I '• ., . •. 1. .11. ' 1 ' . 1 . I 1 ..1 . . , 1 ,'•. IL 1 I.. li . •I . ."
.II\i,•I . y i,••.,n '••i I. .', f,.1 , ".. 0
'•„� 1.• 1 1% "I ' ,1 /'.\'/ .000 'I. '.0% ',I /, r/, \.1/•i N
1, 0 • 11• .' • : w.i;.. :l. •r. d, , .nln '/ '\ I\`.'1,`r'I 0 + VV
I.1`1.'. i' �• U, AN// '"•
\p %\,I •` f`r �i ,r /%
\\/•, i,'•,• . X111' . . .. 11 ,. . I ,': .• •. .\, 11 • 1 . , A. ..• . . • . , ' .• /\
I \,\ . %I•'.\ I /' ., •'II•.\ .0% I� ' I 000, :' 00,.,'. 'n % r'1 J/•OMAN / '• ' '\\' Ir ' '/ ',r°. r/r\ , ' '. :\V
\' r , • IN!i11Rt. .•.. O • •PAL MCA \'. "' .i' On <
NC L• f:UMV YY FAN( HTI 'I. r.n
r�/. .i,, \ 1\\Ii ' .I • .. •1,.\r/!\/II• \i n rn '1 iJ. \/ . / '/ \'I
\iI 1\Y'. r' 1%.'."1\I' OMAN / \// ". \'./ \• /I' ' \uL\. / , '''i,. \ %,��\I� \J,; 1..'104 %#.% r';r•.IL\,
'1\\' •\�!`1C. \./•\/SAN /j; \,/f. /'AN/"'/'I,• .1, INSJI:..IIC!'(.UMP.N OF NOii Iii AM! I'CA /.
.' iI/ r '\Yr \ I M1 �/ •\
Ir/\• •.0.0%,,
r / /\ / /. •. /. •I,1 rir I ./ri 'I ,\.. ,r /\\/i,,.•,\/,OMAN n „r•1 OMAN' i, ` I.1.' \`\�
. r' ••0 I' � • OMAN \' / I An r I`.. i00 `.1,/L\ I �i ' \i.rl' 'a •' ,Ii rI
r\ ' / 00!1%/0#f%/,\ `,/ '\ /% I OMAN • • •,'%% .'.
OMAN / / . I i• \II': •J\/:.. '•/ /.I\AN'
•� \'ANON A• , \/� ,TS\.,/ . i/� / '\ / / �`?,./•%" i.'i1 ��\'./�• '' •'y.I� ,'.'.I',,\\��,/
•1 I. n /i 1 I i 'I\,\ iiAN / •
•'IOr •i ill •. ': •,•••', /•..i'. '/P ii,\, \ �: %%0\'//,ANON. `1 . \,'\
.\\ r., • \sir \ ' . ii,. ,.. iq1` / 'II'•\., ',,a \•in^i \\ \•
OMAN/n .'/\ •//\'nI .\i/\\
' I/ / ,0'%','' . ' / 1'.II .Jrr • :I / ANON .•\
'Yi1 ,• / .i •.1, 1... '\1,f/\\•, r'.r .// //AN\\i,/\b,I\\'%I\\',I•'I'\\,/\i!,`.Ii.,\r
r
'I/\`, ri•\Ir,\1. ..''. /r/ '\/r; . ,r •,n\r \i r, • r••. i.'r '1ii"�\'.\1'i \;�I•�
I, n• •i '• .. i .. I. . ' 1. I l .... •',' ' 1 .NtiIIA `
\\•/r.\" r ''I.' r/\'I. '\ r/' . IIAN I'•,"i \ I'y .,•' VI
/„ 'ItNY ;Jr NORIN AME ri1CA • .11 1 . • �+. I • .•.' . • , J^
.r AN.' . / 11. . \ /,. ''°
'•,0',\%I I ' OMAN . r I' , S\ :/ \ 1 AN''o \
01 r \ ' • \''o \•
• / Y ''/ r OMAN' r \ \/• \ •
err n, / •1 \ •1'•
I •/•
• \rl..\'/.• .r,'.\', ., •'I .r 0•'I I. AN/1.. I/r.\ir \ 'Inq \15'.• 1 ',/'ir/\'.'('\\..r
I.. r'1 • •p •li,•. • .. • k 1 • • 1"I'I :Y I• ' ', I. •1 •. '• 1 1•: i.` „• 1. ,^..1 •i'.1' ./ /.•. / /1 ., Ir % ,. •i•.J- .,• r1 .\' °' •• •••\ .\ 1/•, /i i I\ii/1.. • •'�\ r • , •'`�•/.•% • •/\ I'• 'r. .\' i..0 \\1 .'ran,• �i\//\
'. I' • a \' y •.\I filJF • 1 1 .' ' , 1 1' ',..,• i,I' ' 1 1 I•J • '•• 1:l1Y .. Jn, .1
f/;.I 1.1, \• . \ 1•�,•Y •'1/Li \'. ./\i • `AN/1 I'\ 1 i' 1 '/'' I 0% '1'.I'' /J'\ OMAN r \
/\'/r 1 , ' \ANIi
ON, / \.'i ''/.. ''r • ' • o
I 1 1. \ .•..• V /' 1/, \'/ '\ ! \�- 'r 1 Y //'\ 1 /;% \\ ONION r•r/ '
'0, '.I OMAN\I, rr,i / / '\I , . •' 1' \ i. 0 .' 'I•. II \' \ , /; n\' '' \ r' r'/' • I/ \'i1 \ \
�•/�\\
,0'"%:,,/�.I,• 1 i/ \ / eir•.'/r\,,. \.1 Ii\r. 1 i1' ,•' '\i/\ir I\I I,,4\%00/%
' \% ` ...•.1 .III,.... .J/n\�I0'in'/'f•1 Iv
• • F• ' 'y1 . I .\I \\ ,/r 11 /\'V•/'\ \'/•I\ 00 "
d / ' / /1 '•
\I'Ir /N II\.. \ / \
'ANON//'/1\� I 1\ir•\y I'/ ". I \r• r \I //I /\ /, .AN\ I\/ ,\., \.r,.. �''/n1 ', /\ ./.'.'• \. fr\1'/\ •0•O, %o
/rlA,r,Y
�' i/ '\ / . I \ OMAN,\1I, , \'I• ',"r1" \ 1'0'"'
. • /\ ' J b, / • \� I'o //n • r ' r\ '\ H r \ .' I.\yr , ' ,• /\e ". r p
'• .\�'Ir\f.�\S ii', "N,' 1'i %%00 00,.' •p\ /., i\\'/'II•,:(.'.%10,0,.\i\. 11\',i •\ilp.\.'//\ •/n'�.✓,I '%%/•;J ^
• r' . , 1 , •I ;.1•. IN,d1RANCFCOMI ANY OFNORTN AM! RICA' • ':I '+ I 1 '•••'•
'1d .r,\,; �, rI r Ir 00.,'•./I, /.• uI \'i Ii . 'i,i ONION I 'r., ' ' '', ii
,,.'. ,p,Y •.1•• ,V, .f',.`•,'\'.rr•\ ,.. • .. rl • d•I. :i '/• 0'% 111,1 .. , , 1 . n .n',,.i AN..' rr... �:\I/"1 .11' W:11 *.. J. l , ,... I Ir \I ,III•I 11I.1.'Iit .111. .. q'\\1.I/ \. r%' .. ' \o0. /1` '„•r,...''\`'. .\,I /. ., ,..,'I../r•I.\\ '.•
\1,'. .\ ;\\.,1 , . \ \.J '. .I•\"•u'.01' A - `\ /'\/,\,I ,,,••. /,•r ' Jr'I%, 'r\ \V I N /'. I '\\r(./J\e1.I'•r.. '.r, • \.' rJ '\' 'Ir . /. 1 ry\ I\ r'` y'\. .. '\ '1• /P i y' /. / . r1.; \I0\/ .\ .r I .'1 / 'I\' \ ,,\,'\.. r •.''f.ri\1I\I''\r/\'\i\''r'\ /.,� /'0'/r/ L•
' ,I \' \ I / '''#,1% / ! "/•III{ '\ I j,
•
,`\./.. .,, • /.n . i',. •%0\ •'r'. `II ''`.O .I r, /I "1./I /. '.\ I\r. 'ANON\'.'`/''N//1�
I\n J.\iJ •I .rr'Ir. \'rr•/i''. •\ .'•I'.(\ \ %\00 •\'i..'.',i\\.r i�../I'\N00. ``'I \'I..\��'. 0',''' n.I1 I/; ✓r'.n'..'\'I�
....I.. I .I" r, .,•., ..II:\ •\... %.ION \In/\ NO!%0I•I,/\,00\, 1/,\' . /\•/•''..j1 i., I,/` \' r
• • •I I !II !'• /. /\ ,I '\ 'I \\�I,�'..//^ '.,/'\%r'NI'I\`/n.I',I L ION 1I ANO r'` 1 '
\I II 'J'\ . 1 . r.,\'./r1 1, \ 1, . ./, •,O'%%,0#%
' /..\. \', . I \ 'n\I'./.
r /
/; \1L \•'I\. r lr' I ,\.;0MAN:./\ A\J OM./n / �'%:1;'
IL' YI '/ `• /n r.'ON/r 1'.I11\I/\'/J\. r\' \ " .\AN%I'/. �,\\uf\1 r\\1
.�II �\ / I
•n„ ANON '\_. .r.I 1. './`.'.... .r. 0% ,,' .' ,I . AN '\ r.\ r ,.I0 />
� \: \' '_ I:.•./ .:/ed' oi
, •%Is,%
... _-. ,_/. _:_/, , 1 _ _ __I. _ / .I I. y'_\_ r I %0 I%¼0 /..\' _i_\
#\• //lam\t
S₹a₹e Wage Decision
Fr
II
04
y 1NQ
DATE: October 9, 1986
DETERMINATION ! 86-47 ___
PROJECT: Drainage. Rehabilitation
COUNTY Statewide
Fayetteville, Arkansas
EXPIRATION DATE: 4-9-87
BASIC
HOURLY FRINGE
RATE BENEFITS
Bricklayers
7.00
Carpenters
7.00
Concrete finishers
7.00
Electricians
8.50
IRONWORKERS:
Structural
6.10
Reinforcing
5.30
LABORERS:
Air tool operator
5.00
Asphalt heater operator
5.00
Asphalt raker
5.70
Carpenter helper
5.00
Chain saw operator
5.00
Checker grade
5.30
' Concrete finisher helper
5.00
Concrete joint sealer
5.00
Concrete saw operator
5.00
Formsetter
5.30
• Laborer
3.80
Pipelayer
5.30
Powderman
6.20
Vibratorman
5.00
Painter
6.00
Pile driver leadman
6.00
POWER EQUIPMENT OPERATORS:
Aggregate spreader operator
5.60
Asphalt,, plant fireman
4.70
• Asphalt drier operator
4.70
Batch plant operator.
5.60
'"- BULLDOZER OPERATORS:
Finish
6.70
Rough
5.50
Bull float operator
5.50
Concrete curing machine operator
5.50
CONCRETE MIXER OPERATOR:
Less than 5 sacks
5.00
5 sacks or over
6.00
Backhoe operator—rubber.tired
(1 yard or less)
5.90
Cherry picker operator
5.90
Concrete paver operator
6.50
Concrete spreader operator
6.50
CRANES, DERRICK, DRAGLINE, SHOVEL,
BACKHOE OPERATORS:
1-1/2 yard or less
6.50
Over 1 1/2 yard
7.00
Crusher operator
5.50
,_._,ti...ar aa...
c_ an
DATE: October 9, 1986
PROJECT: Drainage Rehabilitation
Fayetteville, Arkansas
DETERMINATION I R-47 _
COUNTY Statewide
EXPIRATION DATE: 4-9-87
Drill operator (wagon or truck)
Elevating grader operator
Euclid or like equipment operator
(bottom or end dump)
Finishing machine operator
Forklift operator
Form grader operator
FRONT END LOADER OPERATOR:
Finish
Rough
Hydro seeder operator
Mechanic
Mechanic helper
MOTOR PATROL OPERATOR:
Finish
Rough
Mulching machine operator
Oiler and greaser
Pile Driver Operator
Pug Mill Operator
Roller operator (self—propelled)
SCRAPER OPERATORS:
Finish
Rough
Sod slicr.g machine operator
Stabiliser mixing machine
TRACTOR OPERATORS:
Crawler type
• Farm and wheel
Wheel type (with attachment 1 yard
or under)
Trenching machine operator
STONEMASONS
TRUCK DRIVERS:
Distributor truck driver
Semi —trailer
Lowboy driver
Transit mix truck driver
Truck driver (heavy —maximum pay load
in excess of 3000 lbs.)
Truck driver (light —maximum pay load
3000 ibs.)
WELL DRILLERS
BASIC
HOURLY FRINGE
RATE BENEFITS
5.50
6.50
5.10
5.90
4.90
4.90
6.50
5.50
5.00
6.70
5.10
6.70
5.50
5.00
5.30
6.00
5.00
5.10
6.70
5,50
4.80
5.50
5.00
5.00
5.40
5.40
7.00
5.30
5.30
5.50
5.30
5.00
4.70
6.70
WELDERS --receive rate prescribed for craft performing operator to
which welding is incidental.
CERTIFIED
Arkansas Department of labor
- Y w -
f
GENERAL CONDITIONS
r
SECTION 00700
GENERAL CONDITIONS
INDEX
Section Headings
Abbreviations for Reference Specifications and Codes
Alterations to Public Utilities
Arbitration
Arrangement of Specifications and Plans
As -Built Drawings
Assignments
Authority of the Engineer
Availability of Specified Items
Bonds
Certificates
Changes in Contract Price
Changes in Contract Time and Liquidated Damages
Changes in the Work
Cleaning Up
Completion, Final Inspection, and Acceptance
Contractor to Furnish Stakes and Help
Contractor's Examination
Contractor's Meetings
Contractor's Supervision
Cutting, Patching, and Repairs
Damage to Existing Facilities
Defective Work
Diverting and Blocking Traffic
Engineer
Engineer's Visits to the Site
Equipment Nameplates
Explosives and Blasting
Figured Dimensions
Final Estimate and Payment
Fire Protection
Guarantees for Materials, Equipment
Horseplay, Fighting and Roaming
Inspection and Testing
Installation of Equipment
Insurance
Lands and Rights -of -Ways
Limitations of the Engineers Responsibilities
Lines and Grades
Locations of Facilities
and Workmanship
Page No•
38-39
37
30
4
38
9-10
1-3
40
10
39
20-23
23-24
19-20
35
19
6
4
8-9
8
37
36
18-19
35-36
1
3
37
36
5
26-29
36-37
29-30
8
16-18
38
10-12
13
3
6
36
�, NNCbuanO
..,/ � ConwlUnp
r
SECTION 00700
GENERAL CONDITIONS
INDEX
Section Headings Page No.
Modifications and Waivers
36
Neglected Work
24-25
Operating Manuals and Spare Parts List
15
Other Contractors
30-31
Overtime Work
23
Ownership of Engineering Data
38
Partial Set of Plans and Specifications for Subcontractors
9
Patent Fees and Royalties
31
Permits, Licenses, Laws, Ordinances, Regulations and Taxes
16
Pre -Construction Conference
13
Preservation of Monuments and Stakes
6-7
Progress Payments
25-26
Protection and Safeguards of Work
37
Publicity
38
Quality of the Plans
5
Quantities of Estimate
4
Reporting of Accidents
36
Safety and Security
36
Sanitary Regulations
35
Scope and Intent of Specifications and Plans
1
Sequence of Work Schedule
12
Shop Drawings and Samples
13-15
Standards
39
Subcontracting
9
Surveys and Laying out Work
5-6
Temporary Facilities
33-35
Termination of the Contract by the Contractor
32-33
Termination of the Contract by the Owner
32
Unpatented Disclosures to the Owners
31-32
Uses of the Premises
35
Waterways
36
Work Done Without Lines and Grades
6
Workmanship and Materials
7
Workmen
8
Can IIaM
fcnW ?na
r
SECTION 00700
GENERAL CONDITIONS
SCOPE AND INTENT OF SPECIFICATIONS AND PLANS
The Specifications and Plans are intended to supplement but not
necessarily duplicate each other, and together constitute one complete set of
Specifications and Plans, so that any Work exhibited in one and not in the
other, shall be executed just as if it had been set forth in both, in order
that the Work shall be completed according to the complete design or designs
as decided and determined by the Engineer. Should anything be omitted from
the Specifications and Plans which is necessary to a clear understanding of
the Work, or should it appear that various instructions are in conflict, then
the Contractor shall secure written instructions from the Engineer before
proceeding with the construction affected by such omissions or discrepancies.
It is understood and agreed that the Work shall be performed and completed
according to the true spirit, meaning and intent of the Contract,
Specifications and Plans.
If any question of conflict or inconsistency between the documents for
the work should arise, the governing documents in their respective
priorities, with the highest priority first, shall be:
(1) the Construction Contract, as the same may be modified or
altered from time to time by Change Orders thereto;
(2) the Specifications;
(3) the Plans
(4) other papers.
ENGINEER
"Engineer" shall mean the firm of McCLELLAND CONSULTING ENGINEERS, INC.
who have been. employed by the Owner for this work, or their duly authorized
agents, such agents acting severally within the scope of the particular
duties entrusted to them, whose decisions shall, in all cases, be subject to
final approval by the Engineer. At the time of award of the Contract it
shall be specified whether the term "Owner's Representative" shall also be
interpreted "Engineer."
AUTHORITY OF THE ENGINEER
The Engineer shall have the following authority:
(1) to interpret the Plans and Specifications and define their
intent and meaning;
Section 00700 - 1
aa Mond
(2) to determine whether the work done and materials furnished
are in accordance with the terms of the Plans and
Specifications and to condemn such in accordance herewith;
(3)
to
make
decisions on all matters relating to the execution
and
the
progress of the Work;
(4) to coordinate the Work of the Contractor with the Work of
other contractors;
(5) to stop the Work whenever, in the opinion of the Engineer,
such stoppage may be necessary to insure the proper execution
thereof;
(6)
to
determine the
amount payable
to the Contractor from time
to
time for Work
done under the
Contract;
(7) to make decisions on all controversies arising out of the
Plans and Specifications or the refusal or failure of either
party to perform any part thereof;
(8) to give approvals and to take action to the extent necessary
for the orderly and expeditious prosecution of the Work; but
the Engineer shall not have authority to amend or modify the
Construction Contract;
(9) to delegate his responsibilities to other representatives of
the Owner in connection with specific portions of the Work;
(10) to disapprove or reject Work which is "defective" (which term
is hereinafter used to describe Work that is unsatisfactory,
faulty or defective, or does not conform to the requirements
of the Plans and Specifications, or does not meet the
requirements of any inspection, test or approval referred to
hereafter or has been damaged prior to approval of final
payment);
(11) to require special inspection or testing of the Work as
provided for hereafter whether or not the Work is fabricated,
installed, or completed;
(12) to exercise his best efforts to insure faithful performance
by both the Owner and the Contractor. He will not show
partiality to either and will not be liable for the result of
any interpretation or decision rendered in good faith.
Claims, disputes and other matters relating to the execution
and progress of the Work or the interpretation of or
performance under the Plans and Specifications shall be
referred to the Engineer for decision; which he will render
in writing within a reasonable time;
Section 00700 - 2
SS rai.eand
ran anitlnn
r
All decisions and determinations made by the Engineer pursuant to the
Work and communicated to the Contractor shall be binding on the Contractor
unless, within thirty (30) days thereafter, written objection is filed with
the Owner's Purchasing Agent demanding that the issue be determined by
arbitration.
LIMITATIONS OF THE ENGINEER'S RESPONSIBILITIES
Neither the Engineer's authority to act under the Plans and
Specifications nor any decision made by him in good faith either to exercise
or not exercise such authority shall give rise to any duty or responsibility
of the Engineer to the Contractor, any Subcontractor, any materialman,
fabricator, supplier, or any of their agents or employees or any other person
performing any of the Work. The Engineer will not be responsible for the
Contractor's means, methods, techniques, or procedures of construction, or
the safety precautions and programs incident thereto, and he will not be
responsible for the Contractor's failure to perform the Work in accordance
with the Plans and Specifications. The Engineer will not be responsible for
the acts or omissions of the Contractor, or any Subcontractors, or any of his
or their agents or employees, or any other persons at the site or otherwise
performing any of the work.
ENGINEER'S VISITS TO THE SITE
The Engineer will make periodic visits to the site to observe the
progress and quality of the executed Work and to determine, in general, if
the Work is proceeding in accordance with the Plans and Specifications. He
will not be required to make exhaustive or continuous on -site inspections to
check the quality or quantity of the Work. His efforts will be directed
toward providing assurance for the Owner that the completed Project will
conform to the requirements of the Plans and Specifications. On the basis of
his on -site observations, he will keep the Owner informed of the progress of
the Work and will endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor.
All of the work performed shall be subject to the inspection and
approval of the Engineer. The Engineer and his representatives shall at all
times have access to the work and the materials necessary for the performance
thereof, and the Contractor shall provide proper facilities for access and
inspection. If the Plans and Specifications, the Engineer's instructions,
laws, ordinances, or any public authority require any of the work to be
tested or approved, the Contractor shall give the Engineer timely notice of
its readiness for inspection and, if the inspection is by authority other
than the Engineer, of the date fixed for such inspection, but any such
inspection shall not diminish the necessity of inspection and approval by the
Engineer. Inspections made by the Engineer shall be promptly made. If any
work should be covered up without the approval or consent of the Engineer, it
must be uncovered for inspection at the Contractor's expense if required by
the Engineer.
Section 00700 - 3
. a� McClelland
r
CONTRACTOR'S EXAMINATION
The Contractor will be held to have examined all information, documents,
and drawings furnished to him by or on behalf of the Owner in connection with
this Contract and shall consult with the Engineer in the event of any error
or inconsistency or in the event any portion of the Work is not sufficiently
detailed or explained, and in no event shall the Contractor proceed with the
Work in uncertainty.
It is understood and agreed that the Contractor has, by personal
examination at the site, checked the material and location of the work; the
type of equipment, storage space and facilities needed preliminary to, and
during execution of the work; the general and local conditions, and all other
matters which may, in any way, affect or have a bearing on the work of the
Contract and its costs. The Contractor also represents that he has studied
all surveys and investigation reports of subsurface and latent physical
conditions provided in the Specifications and made such additional surveys
and investigations as he deems necessary for the performance of the Work at
the Contract price in accordance with the requirements of the Plans and
Specifications and that he has correlated the results of all such data with
the requirements of the Plans and Specifications. Failure on the part of the
Contractor to have fully informed himself of site conditions, and to fully
understand the extent of the Work required, shall not excuse him in any way
from his obligation to supply and install the Work in accordance with the
Specifications and Plans, and under all conditions as they exist. No extra
compensation will be allowed because of his failure to so inform himself.
His submission of a bid on the project shall be considered as sufficient
evidence that the Contractor has complied with the above requirements.
ARRANGEMENT OF SPECIFICATIONS AND PLANS
Titles to sections and paragraphs in the Specifications are used merely
for convenience, and shall not be taken as a correct or complete segregation
of the several units of materials, equipment and labor, nor as an attempt to
outline or define jurisdictional procedures. Likewise, the identifications
of any Plans shall not control the Contractor in dividing the Work among
Subcontractors or delineating the Work to be performed by any specific trade.
No responsibility, either direct or implied, is assumed by the Engineer, or
the Owner, for omissions or duplications by the Contractor or by any of his
subcontractors, due to real or alleged errors in arrangement of matter in the
Plans and Specifications.
QUANTITIES OF ESTIMATE
Wherever the estimated quantities of Work to be done and materials to be
furnished under this Contract are shown in any of the documents, including
the Proposal, they are given for use in comparing bids and the right is
especially reserved except as herein otherwise specifically limited, to
increase or diminish them as may be deemed reasonably necessary or desirable
by the Owner to complete the Work contemplated by this Contract, nor shall
any such increase or diminution in any way violate this Contract, nor shall
any such increase or diminution give cause for claims or liability for
damages.
Section 00700 - 4
J
r
QUALITY OF THE PLANS
The Plans have been made with care but cannot be assumed to be correct
in every detail when some of the conditions to be encountered may not be
shown on existing maps and are underground.
The approximate locations of existing improvements are shown. The
placing of this information on the Plans in no way obligates the Owner or
Engineer as to its correctness, as it is indicative only and is placed there
for information and assistance to the Contractor. It is the expressed intent
of these Plans and Specifications that the Contractor is to make his own
investigation of conditions to be encountered, and the submission of the
Proposal by the Contractor for the work constitutes his compliance with this
requirement.
Minor details not usually shown or specified, but necessary for the
proper installation and operation, shall be included in the work as if shown
or specified. Wherever the word "provide" is used, it shall mean "furnish
and install complete and ready for use.
The accuracy of dimensions shown on drawings furnished to the Contractor
by the Engineer having reference to any existing work, structure or facility
is not guaranteed. The Contractor shall satisfy himself to such accuracy of
such existing dimensions before starting the work.
Whenever
existing obstructions or
dimensional
inaccuracies capable of
verification
by the Contractor in the field,
or minor
variations in indicated
arrangements
or dimensions of equipment,
interfere
with the installation as
shown on the
Plans, the Contractor shall
make such
necessary alterations as
are approved
by the Engineer and such
alterations
shall not constitute a
basis for extra
payment.
FIGURED DIMENSIONS
Figured dimensions, when given
in
the Plans, shall
be accurately
followed, even though they differ from
scaled
measurements.
No work shown on
the Plans, the dimensions of which are
not
figured, shall be
executed, until
instructions have been obtained from
the
Engineer as to dimensions to be
used. Large scale and full size drawings
shall be followed
in preference to
small scale drawings.
SURVEYS AND LAYING OUT WORK
The Engineer shall establish a primary bench mark. The Contractor shall
employ competent employees to establish all other bench marks and location
stakes for structures.
The Contractor shall verify all grades and dimensions as shown on the
Plans, and he shall report any errors or inconsistencies in the above to the
Engineer before commencing work. The Contractor will be held responsible for
the accuracy of the layout of all the work.
Section 00700 - 5
J
�� McClelland
r
The Contractor shall provide and maintain well-built batter boards at
all building corners; he shall establish additional bench marks in not less
than two widely separated places.
The elevation lines and levels at existing structures may be used for
locating, layout and directing the Work.
The Contractor shall lay out the Work, check all positions of footings
and walls in place, also the various levels of the structure, the
intersections of lines at centers, test and check all elevations and levels
and make a full report to the Engineer in case of any discrepancy.
As the Work progresses, the Contractor shall layout on the rough
flooring the exact location of all partitions as a guide to all trades.
LINES AND GRADES
All work done under this Contract shall be done to the lines and grades
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 do
work, in order that lines and grades may be furnished and necessary
measurements for record and payment may be made with minimum inconvenience to
the Engineer and delay to the Contractor.
CONTRACTOR TO FURNISH STAKES AND HELP
The Contractor shall furnish without additional charge competent men
from his force and such tools, stakes and other materials as the Engineer may
require for the proper staking out of the Work, and in making measurements as
surveys and in establishing temporary or permanent reference marks in
connection with said Work.
WORK DONE WITHOUT LINES AND GRADES
Any Work done without lines, grades, or levels being given by the
Engineer, or done without the approval of an inspector or other
representative of the Owner, may be ordered removed and replaced at the
Contractor's cost and expense.
PRESERVATION OF MONUMENTS AND STAKES
The Contractor shall carefully preserve all monuments, bench marks,
reference points and stakes, and in case of willful or careless destruction
of the same, he will be charged with the resulting expense of replacement,
and shall be responsible for any mistakes or loss of time that may be caused
by their unnecessary loss or disturbance. In the event that the stakes and
marks placed by the Engineer are destroyed through carelessness on the part
of the Contractor, and that the destruction of these stakes and marks causes
a delay in the work, the Contractor shall have no claim for damages or
extensions of time. In the case of any permanent monuments or bench marks
which must of necessity be removed or disturbed in the construction of the
work, the Contractor shall carefully protect and preserve the same until they
can be properly referenced and relocated. The Contractor shall also furnish
at his own expense such materials and assistance as are necessary for the
Section 00700 - 6
an MCCl.11ard
ma - ,ttln a
r
proper replacement of monuments or bench marks that have been moved or
destroyed.
WORKMANSHIP AND MATERIALS
The Contractor shall and will, in good workmanlike manner, do and
perform all work and furnish all supplies and materials, machinery,
equipment, facilities and means, except as herein otherwise expressly
specified, necessary or proper to perform and complete all the Work required
by this Contract, within the time herein specified, in accordance with the
Plans and Specifications, and in accordance with the directions of the
Engineers as given from time to time during the progress of the work. He
shall furnish, erect, maintain, and remove such construction plant and such
temporary works as may be required. The Contractor shall observe, comply
with, and be subject to all terms, conditions, requirements, and the
limitations of the Contract and Specifications, and shall do, carry on, and
complete the entire Work to the satisfaction of the Engineer.
In all respects the work shall be performed in a complete and
workmanlike manner by workmen skilled in their respective trades, and in such
a way as to cause the least possible interference with the operations of
other contractors or with the Owner's operations. All materials furnished by
the Contractor shall be new and the best of their respective kinds, unless
otherwise specified.
The Contractor warrants and guarantees to the Owner and the Engineer
that all materials and equipment will be new unless otherwise specified and
that all Work will be of good quality and free from faults or defects and in
accordance with the requirements of the Plans and Specifications.
Whenever a material, article or piece of equipment is identified on the
Plans or in the Specifications by reference to manufacturer's or vendors'
names, trade names, catalog numbers, etc., it is intended mainly to establish
a standard; and, any material, article, or equipment of other manufacturers
and vendors which will perform adequately the duties imposed by the general
design will be considered equally acceptable provided the material, article
or equipment so proposed, is, in the opinion of the Engineer, of equal
substance and function. It shall not be purchased or installed by the
Contractor without the Engineer's written approval. See the section which
follows hereafter entitled SHOP DRAWINGS AND SAMPLES. However, the Owner
shall have the right, upon giving notice in writing to the Contractor, to
require the Contractor to purchase from such vendors as the Owner may
designate, any or all of the items which are to be incorporated into the
Work. If any items so designated by the Owner for purchase by the Contractor
are purchased at prices which exceed, or are less than, the prices which the
Contractor would be required to pay to reputable vendors at that time for
similar items of like grade and quality which would have complied with the
Specifications and the Plans, then the Owner shall pay to the Contractor the
amount of such excess, or the Contract Price shall be reduced by the amount
of the difference, as the case may be.
Section 00700 - 7
MCCI*IIOM
!vnwlllnn
WORKMEN
The Contractor shall employ qualified workmen having the ability, as
proven by their past experience, to perform each specific task comprising the
overall work described in these Specifications. This requirement may be
satisfied by the General Contractor's subcontracting certain phases of the
work to those with particular expertise in the task to be performed.
However, each subcontractor must be approved by the Owner prior to the
commencement of work.
The Contractor shall employ, or cause to be employed, on or in
connection with the performance of the Work only persons who are fit and
skilled in the work assigned. The Contractor shall at all times enforce, or
cause to be enforced, strict discipline and good order among the workmen
employed on the Work. Should any disorderly, incompetent, or objectionable
person be employed by the Contractor, or by any Subcontractor, upon or about
the Construction Site, the Contractor shall, upon request of the Engineer,
cause such person to be removed from the Work and not again employed thereon
without the written permission of the Engineer.
HORSEPLAY, FIGHTING AND ROAMING
Horseplay, scuffling, fighting or carrying of firearms is not permitted
on the Construction Site. The Contractor's men shall confine their
activities to the specific area of construction work.
CONTRACTOR'S SUPERVISION
The Contractor shall keep on his Work, during its progress, a competent
Superintendent, and any necessary assistants, all satisfactory to the
Engineer. The Superintendent shall not be changed unless he proves to be
unsatisfactory to the Contractor and ceases to be in his employ. The
Superintendent shall represent the Contractor in his absence, and all
directions given to him shall be as binding as if given to the Contractor.
Directions shall be confirmed upon written request. The Contractor shall
give efficient supervision to the work, using his best skills and attention.
He shall carefully study and compare all Plans, Specifications, and other
instructions, and shall at once report to the Engineer, any error,
inconsistency, or omission which he may discover.
It is expressly understood that the Contractor shall be solely
responsible for adequately supervising every phase of the work. If
necessary, the Contractor shall employ experts in particular methods or
materials of construction to satisfy the requirements of the work to be
performed. In no case shall the Contractor depend upon the Engineer, nor
construe it to be the Engineer's responsibility, to provide construction
supervision.
CONTRACTOR'S MEETINGS
Meetings of the representatives of the Engineer and Contractors may be
held in the field office at regular intervals, as directed by the Engineer,
for the purpose of furthering the progress of the Work, and the issuing of
instructions. Where such representatives fail in attendance or in executing
Section 00700 - 8
r
•
McClellan
CMwl,lnn
the instructions given them, they shall, on request of the Owner, •be
dismissed from the work within twelve (12) hours from the time of each
request, and other representatives satisfactory to the Engineer shall be
immediately substituted.
SUBCONTRACTING
The Contractor may utilize the services of specialty subcontractors on
those parts of the Work which, under normal contracting practices, are
performed by specialty subcontractors.
The Contractor shall not award any work to any subcontractor without
prior written approval of the Owner, which approval will not be given until
the Contractor submits to the Owner a written statement concerning the
proposed award to the Subcontractor, which statement shall contain such
information as the Owner may require.
The Contractor shall not assign or sublet all or any part of this
Contract without the prior written approval of the Owner, nor shall the
Contractor allow such Subcontractor to commence work until he has provided
and obtained approval of such compensation and public liability insurance as
may be required under the laws of the state. The approval of such
subcontract by the Owner will in no manner release the Contractor from any of
his obligations as set out in the Plans, Specifications, Contract, or Bonds.
The Contractor shall be as fully responsible to the Owner for the acts
and omissions of his Subcontractors, and of persons either directly or
indirectly employed by them, as he is for the acts and omissions of persons
directly employed by him.
The Contractor shall cause appropriate provisions to be inserted in all
subcontracts relative to the work to bind subcontractors to the Contractor by
the terms of the General Provisions and other Contract Documents insofar as
applicable to the work of subcontractors and to give the Contractor the same
power as regards terminating any subcontract that the Owner may exercise over
the Contractor under any provisions of the Contract Documents.
Nothing contained in this Contract shall create any contractural
relation between any subcontractor and the Owner.
PARTIAL SETS OF PLANS AND SPECIFICATIONS FOR SUBCONTRACTORS
Separate sheets of the Plans and/or Specifications will be available to
subcontractors, suppliers and material dealers for their convenience at
reproduction costs. However, it will be their responsibility to check their
compliance with a complete set of contract documents prior to executing the
Work to insure a complete and satisfactory interface with other contractors
and/or subcontractors.
ASSIGNMENTS
The Contractor shall not assign the whole or any part of this Contract
to any moneys due to become due hereunder without written consent of the
Section 00700 . 9
CWttjane
MrcCIV np
r
I
Owner. In case the Contractor assigns all or any part of any moneys due 'or
to become due under this Contract, the instrument of assignment shall contain
a clause substantially to the effect that it is agreed that the right of the
assignee in and to any moneys due or to become due to the Contractor shall be
subject to prior claims of all persons, firms and corporations for services
rendered or material supplied for the performance of the Work called for in
this Contract.
BONDS
When he delivers the executed Contract to the Owner, the Contractor
shall also deliver to the Owner such Bonds as may be required. The
Contractor shall furnish a Performance and Payment Bond as security for the
faithful performance and payment of all his obligations under the
Construction Contract. This Bond shall be in an amount at least equal to the
Contract Price, and in such form and with such sureties as are licensed to
conduct business in the state where the Project is located and are named in
the current list of "Surety Companies Acceptable on Federal Bonds" as
published in the Federal Register by the Audit Staff Bureau of Accounts, U.S.
Treasury Department.
If the surety on any Bond furnished by the Contractor is declared
bankrupt or becomes insolvent or its right to do business in any state where
any part of the Project is located is revoked, the Contractor shall within
five days thereafter substitute another Bond and surety, both of which shall
be acceptable to the Owner.
INSURANCE
The
Contractor shall not commence Work under this
Contract until he has
obtained
all the insurance required under
this paragraph and such insurance
has been
approved by the Owner, nor
shall the
Contractor allow any
subcontractor
to commence Work on his
subcontract
until the insurance
required
of the subcontractor has been so
obtained and
approved.
(1) Worker's Compensation Insurance - The Contractor shall procure
and shall maintain during the life of this Contract Worker's
Compensation Insurance as required by applicable state law for
all of his employees to be engaged in work at the site of the
Project under this Contract and, in case of any such Work
sublet, the Contractor shall require the subcontractor
similarly to provide Worker's Compensation Insurance. In case
any class of employees engaged in hazardous work on the
Project under this Contract is not protected under the
Worker's Compensation Statute, the Contractor shall provide
and shall cause each subcontractor to provide adequate
employer's liability insurance for the protection of such of
his employees as are not otherwise protected. The minimum
limits for such insurance shall be $100,000.00 The policy(s)
shall be extended to include waiver of subrogation to the
Owner.
Section 00700 - 10 J
MCcbnand
�e>�� I Co Wjfinp
(2) Contractor's Comprehensive General Liability Insurance - For
not less than the following limits of liability;
Bodily Injury: $500,000.00 each occurrence
$1,000,000.00 aggregate
Property Damage: $1,000,000.00 each occurrence
$1,000,000.00 aggregate
Include the following coverage:
(a) Completed Operations Coverage for not less than two (2)
years.
(b) Blanket Contractual Liability to cover Indemnity
Agreement in accordance with Paragraph (e) on the
following page of the General Conditions of the Contract
for Construction.
(c) Broad Form Property Damage and Personal Injury Liability.
(d) Independent Contractor's Coverage.
(3) Contractor's Comprehensive Automobile Liability Insurance -
For not less than the following limits of liability;
Bodily Injury: $ 500,000.00 each person
$1,000,000.00 each occurrence
Property Damage: 5 100,000.00 each occurrence
Include Hired car and Non -Ownership Coverage.
(4) Contractor's Excess Umbrella Policy - $1,000,000.00 limit of
liability policy shall be provided.
(5) Indemnification - The Contractor shall 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
claim, damage, loss or expense (1) 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 (2) is
caused in whole or in part by any negligent 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, regardless of whether or not it is
caused in part by a party indemnified hereunder. In any and
all claims against the Owner or the Engineer or any of their
agents or employees by any employee of the Contractor, any
Subcontractor, anyone directly or indirectly employed by any
Section 00700 - 11
of them or anyone for whose acts any of them may be liable,
the indemnification obligation under this Paragraph 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 any Subcontractor under worker's compensation acts,
disability benefit acts or other employee benefit acts.
(6) Builder's Risk (all-risk) Insurance - The Contractor shall
procure and shall maintain during the life of this Contract,
Builder's All Risk Insurance at 100 percent (100%) of the
replacement value basis on the insurable portion of the
project (including the existing parking deck structure). The
Owner, the Contractor, and Subcontractors (as their interests
may appear) shall be named as the insured.
(7) Proof of Carriage of Insurance - The Contractor shall furnish
the Owner with certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of
policies. Such certificates shall also contain substantially
the following statement: "The insurance covered by this
certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by
the Owner."
The above named limits shall be operative. The Contractor
shall furnish the Owner with duplicate copies of all policies
or certificates from insuring agencies as evidence that these
requirements have been satisfied. It shall be the entire
responsibility of the Contractor to purchase and place in
effect during the entire life of the Project, all insurance
and bonds as applies to the Project and is requested herein.
All Bonds must be executed by a surety company licensed to do business
in the state where the Project is located, and acceptable to the Owner. The
final acceptance of the construction work by the Owner shall not bar the
right of any person damaged or injured by reason of any act of omission or
commission of the Contractor, or of the failure of the Contractor to fully
perform all the terms of his Contract from maintaining an action against the
Contractor, and shall not release the Contractor from any of the obligations
assumed under these Specifications or Contract.
SEQUENCE OF WORK SCHEDULE
After the successful bidder has been awarded the Contract he shall,
within ten (10) days, submit a bar graph depicting the schedule of work as he
proposes to execute it. Said bar graph shall show each calendar day of the
construction period and shall be subject to the review and approval of the
Owner and the Engineer. This schedule shall also present the preliminary
schedule of shop drawing submittals.
Section 00700 - 12
paQh llMaM
MI.IIan
r
PRE -CONSTRUCTION CONFERENCE
Within twenty (20) days after delivery of the executed Construction
Contract by the Owner to the Contractor, but before starting the Work at the
site, a conference will be held to review the heretofore mentioned schedules,
to establish procedures for handling Shop Drawings and other submissions, and
for processing Applications for Payment, and to establish a working
understanding between the parties as to the Project. Present at the
conference will be the Owner or his representative, the Engineer, Resident
Project Representatives, the Contractor and his Superintendent.
LANDS AND RIGHTS -OF -WAY
Prior to the start of construction, the Owner shall obtain all lands and
rights -of -way necessary for the carrying out and completion of the Work to be
performed under this Contract.
SHOP DRAWINGS AND SAMPLES
Products, materials, and manufactured items or articles of like nature
shall, as nearly as possible, be of one brand or manufacturer.
Where
a manufacturer's name
is used in the
Specification sheets, it
shall be
understood to mean "or
approved equal".
Substitution for the
materials
listed shall not be made
without written
approval by the Engineer.
Where approved
substitutions are made, it shall be
the responsibility of the
Contractor
to adjust the design
as required by
the use of the alternate
selection.
Before any material or equipment is purchased, the Contractor shall
submit to the Engineer for approval a complete list of material and equipment
for installation in the work. Such list shall include catalog numbers, cuts,
diagrams, drawings and such other descriptive data as may be required by the
Engineer. Approval of materials and equipment will be based on the
manufacturer's published data considered in conjunction with the referenced
standards. Any materials or equipment listed which are not in accordance
with the specification requirements will be subject to rejection. Lists of
materials and equipment shall be submitted in ample time to coordinate
necessary features of construction with installation requirements. Any
alterations to construction in place made necessary by reason of approval
action on materials or equipment lists shall be the responsibility of the
Contractor and shall be made without additional cost to the Contract Price.
(a) Procedure - In processing shop drawings, -the following
submittal and approval procedure shall be followed:
(1) A sufficient number of copies of all shop drawings shall
be received by the Contractor from subcontractors or
suppliers, with accompanying letters of transmittal, to allow
the Engineer and Owner to retain 4 copies.
(2) Contractor checks
and approves
(or corrects)
drawings,
verifying erection, job
conditions and
measurements.
He shall
Section 00700 - 13
I
S rr McClellan
r
stamp all drawings and forward them with his letter of
transmittal to the Engineer for approval (or correction), only
when and if they meet the Contractor's approval.
(3) The Engineer shall promptly check all drawings submitted;
all except four (4) copies of the drawings are then returned,
stamped, to the Contractor accompanied by a letter of
transmittal.
NOTE: The Contractor shall allow not less than five (5) days
for Engineer review and approval of the submitted drawings.
(4) As appropriate, drawings, brochures
submittals related to any portions of the
forwarded immediately by the Engineer to an A
for checking and approval (or correction);
shall be stamped, signed and returned, to the
accompanying letter of transmittal.
and equipment
project may be
ssociate Engineer
these submittals
Contractor, with
(5) If re -submittal is required, similar procedure as above
shall be followed.
(b) Engineer's
Stamp -
The
stamp of the
Engineer
on
the returned
shop drawings
shall
be
interpreted to
mean as
follows:
(1) Approved - No corrections. The drawings or brochures are
approved as submitted in accordance with the "design concept"
provided in the Plans and Specifications. However, Engineer's
approval of shop drawings shall not relieve the Contractor of
the responsibility for omissions or deviations from Contract
Plans and Specifications, unless the Engineer's attention is
directed to such omissions or deviations in the written
submission of the shop drawings by the Contractor. The
Contractor alone shall be responsible for all errors of
fabrication, dimensions, and for the correct fitting of items
shown on the shop drawings.
(2) Approved as Noted - Minor Corrections - The drawings or
brochures are approved subject to the corrections noted. The
drawings shall be changed prior to fabrication and the
brochures noted before ordering equipment and materials.
(3) Not Approved - Drawings or brochures are rejected as not
in accordance with the Contract requirements, or other
justified reason. The submissions must be corrected and
resubmitted. No items are to be fabricated or furnished under
this stamp.
Section 00700 - 14 J
. MCCbIIond
r....eu.a
r
(4) Revise and Resubmit - The drawings and brochures are not
in accordance with the Contract requirements and shall be
revised as noted and resubmitted for approval.
(5) One print of each drawing and one copy of each brochure
bearing the "Approved" stamp of the Engineer shall be kept at
the project office, and shall be maintained in good condition.
No shop drawings other than those stamped "Approved" shall be
on the job for any purpose whatsoever.
(c) Records - All parties are requested to maintain accurate logs
or records needed to show exact transactions during the
construction period, which affect them in any way. This shall
include memos of verbal directions, conferences, shop drawing
submittal dates and disposition, weather conditions, labor
problems, etc.
(d) Samples - The Contractor shall furnish samples as required in
the separate sections of this Specification:
(1) For factory finished material, the Contractor shall
obtain complete up-to-date sample kits and deliver them to the
Engineer for color selection. These samples shall cover all
materials and items specified to have a colored finish and
shall be furnished to the Engineer all at one time.
(2) Samples of fabricated items showing detail of
construction, paint finish samples, and other similar items
shall be furnished in duplicate, one to be retained by the
Engineer and one to be returned to the Contractor. Each
sample shall bear a tag or label giving the name of the
Contractor, supplier or manufacturer, the trade name of
material and any other information necessary to properly
identify the material. Sufficient blank space shall be left
on each identifying tag for the stamp of approval or similar
markings.
(3) All samples shall be delivered to the Engineer's office
with reasonable promptness, so as to cause no delay in the
work.
OPERATING MANUALS AND SPARE PARTS LISTS
The Contractor shall furnish the Engineer, at least two (2) weeks prior
to final acceptance of the work, three (3) complete sets of operating
instructions, manuals and spare parts lists for all mechanical and electrical
equipment of any type, including controls.
Section 00700 - 15
91
�YCC/Illund
r
PERMITS,
LICENSES, LAWS,
ORDINANCES, REGULATIONS AND TAXES
The
Contractor shall
obtain and pay for
all
construction permits and
licenses
and shall pay all
governmental charges
and inspection fees necessary
for the
prosecution of the
Work, which are applicable
at the time of his Bid.
The Owner shall assist
the Contractor when
necessary in obtaining such
permits
and licenses.
The Contractor shall
also pay all public utility
charges.
The Contractor shall give all necessary notices, shall pay all fees
required by law and shall comply with all laws, ordinances, governmental
rules and regulations applicable to the Work, to labor employed on the Work,
and to the preservation of the public health and safety. The Contractor
shall indemnify and save harmless the Owner from and against all liability
with respect to penalties and/or interest that may result from non-compliance
with any such laws, ordinances, governmental rules or regulations.
Should the Specifications and/or the Plans be at variance with any of
such permits, licenses, laws, ordinances, governmental rules or regulations,
the Contractor shall promptly notify the Engineer in writing, whereupon the
Owner shall make all necessary changes in the Specifications and/or the
Plans. If the Contractor performs any portion of the Work which is contrary
to any of such permits, licenses, laws, ordinances, governmental rules or
regulations, the Contractor shall correct such portion of the Work, and the
Contractor shall bear the cost of all damages arising therefrom,
The Contractor shall comply with all laws, ordinances, rules, orders,
and regulations relating to the protection of adjacent property, and the
maintenance of passageways, guard fences or other protection facilities.
The Contractor shall permit and facilitate inspection of the Work by the
Owner, the City, and/or its representatives of all work during construction.
The inspection work by the Owner or others shall not be construed as to
relieve the Contractor of any liability for inadequate design, faulty
materials, workmanship, violation of the Specifications and design criteria,
codes, laws, or safety requirements.
Upon completion of this project the Contractor shall obtain and deliver
to the Owner for permanent filing all necessary certificates of occupancy
required by jurisdictional governmental authorities.
The Contractor shall pay all sales, consumer, use and other similar
taxes required to be paid by him in accordance with the law of the place
where the Work is to be performed.
INSPECTION AND TESTING
All materials and equipment used in the construction of the Project
shall be subject to adequate inspection and testing in accordance with
accepted standards. The laboratory or inspection agency shall be selected by
the Owner. The Owner will pay for all laboratory inspection service direct,
Section 00700 - 16
. MCaauand
,� . Gnsjuraa
r
and not as a part of the Contract, except as otherwise specifically stated
hereafter.
The Contractor shall give the Engineer at least 24 hours notice, as to
when any part of the Work will be ready for observation. No part of
Saturdays or Sundays shall be counted as part of the required hours of
notice.
The Owner or Contractor shall be responsible for sampling and testing of
materials as listed immediately hereafter:
Test Type
Earth and Base Fill Compaction, Density, & Proctor Curves Owner
Soil Tests Classification Owner
Concrete Tests Strength and Quality Owner
Mortar Test Strength Owner
Pipe Test Pressure (Water and Drainage) Contractor
Electrical Test Circuits and Equipment Contractor
(Capacity, Shorts, Resistance)
Structural Steel Welding and Fabrication Contractor
Asphalt Tests Density, Mix Owner
The Engineer shall be notified when a certain area or system is ready
for testing. At such time as the Engineer may direct, the Contractor shall
conduct an operating test for approval. The equipment shall be demonstrated
to operate in accordance with the requirements of the Specifications. The
tests shall be performed in the presence of the Engineer.
The Contractor shall provide and maintain safe access and proper
facilities for observation by the Engineer of all portions of the Work,
including access to shops in which any portion of the Work is in preparation.
If laws, ordinances, governmental
portion of the Work to be inspected
promptly perform the inspection and/or
rules and/or regulations require any
and/or tested, the Contractor shall
tests so required.
Where the Contractor is required, under the Specification and/or the
Plans, to perform tests, the Contractor shall give timely notice to the
Engineer of the readiness of the Contractor to perform each such test or
inspection as stated heretofore. Should the Contractor fail to give such
timely notice and/or should the Contractor cover up, without the consent of
the Engineer, the portion of the Work to be so tested and/or inspected, the
Contractor shall, upon request of the Engineer, uncover such portion and/or
perform a retest and/or a reinspection of such portion, all at the sole
expense of the Contractor.
Section 00700 - 17
MK11l!Cnd
J
r
The Engineer shall have the right to order special tests not requiredby
the Specifications and/or the Plans, whereupon the Contractor shall promptly
perform such tests. If the portion of the Work so tested proves to be in
accordance with the Specifications and the Plans, all costs involved in such
testing shall be paid for by the Owner and if such testing delays the Work,
the time within which the Work is to be completed shall be extended by a
mutually agreed to period of time. If the portion of the Work so tested,
however, proves to be not in accordance with the Specifications and the
Plans, all costs involved in such testing shall be paid for by the Contractor
and the time within which the Work is to be completed shall be extended by a
mutually agreed to period of time.
Neither observations by the Engineer nor the inspections, tests or
approvals by persons other than the Contractor shall relieve the Contractor
from his obligations to perform the Work in accordance with the requirement
of the Plans and Specifications.
DEFECTIVE WORK
If the work is defective, or the Contractor fails to supply sufficient
skilled workmen or suitable materials or equipment, the Engineer may order
the Contractor to stop the Work, or any portion thereof, until the cause for
such order has been eliminated.
If required by the Engineer prior to approval of final payment, the
Contractor shall promptly, without cost to the Owner and as specified by the
Engineer, either correct any defective Work, whether or not fabricated,
installed or completed, or, if the Work has been rejected by the Engineer,
remove it from the site and replace it with nondefective Work, whether or not
fabricated, installed or completed, or if the Work has been rejected by the
Engineer, remove it from the site and replace it with nondefective Work. If
the Contractor does not correct such defective Work or remove and replace
such rejected Work within a reasonable time, all as specified in a written
notice from the Engineer, the Owner may have the deficiency corrected or the
rejected Work removed and replaced. All direct or indirect costs of such
correction or removal and replacement, including compensation for additional
professional services, shall be paid by the Contractor, and an appropriate
deductive Change Order shall be issued. The Contractor shall also bear the
expenses of making good all Work of others destroyed or damaged by his
correction, removal or replacement of his defective Work.
If, instead of requiring
correction
or removal
and replacement of
defective Work, the Owner (and,
prior to approval of final
payment, also the
Engineer) prefers to accept it,
he may do
so. In such
case, if acceptance
occurs prior to approval of final
payment,
a Change Order shall be issued
incorporating the necessary revisions
in
the Plans
and Specifications,
including appropriate reduction
in the Contract Price;
or, if the acceptance
occurs after approval of final
payment, an
appropriate
amount shall be paid
by the Contractor to the Owner.
Section 00700 - 18 J
S a_ MCu.uena
-J.L
r
If, after the approval of final payment and prior to the expiration of
one year after the date of completion, any Work is found to be defective, the
Contractor shall promptly, without cost to the Owner and in accordance with
the Owner's written instructions, either correct such defective Work, or, if
it has been rejected by the Owner, remove it from the site and replace it
with nondefective Work. If the Contractor does not promptly comply with the
terms of such instructions, the Owner may have the defective Work corrected
or the rejected Work removed and replaced, and all direct and indirect costs
of such removal and replacement, including compensation for additional
professional services, shall be paid by the Contractor.
COMPLETION, FINAL INSPECTION, AND ACCEPTANCE
The Contractor shall notify the Engineer and the Owner ten (10) days
prior to the date on which final inspection of the Work is to be made and
shall give notification only if all work is completed.
It shall be the duty of the Engineer to determine when the Work is
complete and the contract fulfilled, and to recommend its acceptance by the
Owner.
CHANGES IN THE WORK
Without invalidating the Construction Contract, the Owner may, at any
time or from time to time, order additions, deletions or revisions in the
Work; these will be authorized by written Change Orders. Upon receipt of a
Change Order, the Contractor shall proceed with the Work involved. All such
Work shall be executed under the applicable conditions of the Plans and
Specifications. If any Change Order causes an increase or decrease in the
Contract Price or an extension or shortening of the Contract Time, an
equitable adjustment will be made,
The Engineer may authorize minor changes or alterations in the Work not
involving extra cost and not inconsistent with the overall intent of the
Plans and Specifications. These may be accomplished by a field order. If
the Contractor believes that any minor change or alteration authorized by the
Engineer entitles him to an increase in the Contract Price, he may make a
claim therefore.
Additional Work performed by the Contractor without authorization of a
Change Order will not entitle him to an increase in the Contract Price or an
extension of the Contract Time, except in the case of an emergency.
In emergencies affecting the safety of persons or the Work or property
at the site or adjacent thereto, the Contractor, without special instruction
or authorization from the Engineer or the Owner, is obligated to act, at his
discretion, to prevent threatened damage, injury or loss. He shall give the
Engineer prompt written notice of any significant changes in the Work or
deviations from the Plans and Specifications caused thereby, and a Change
Order shall thereupon be issued covering the changes and deviations involved.
If the Contractor believes that additional work done by him in an emergency
which arose from causes beyond his control entitles him to an increase in the
Section 00700 - 19 J
S er MCCI.uura
ran..Jfin a
r
Contract Price or an extension of the Contract Time, he may make a claim
therefore.
The Owner shall execute appropriate Change Orders prepared by the
Engineer covering changes in the Work to be performed, Work performed in an
emergency, and any other claim of the Contractor for a change in the Contract
Time or the Contract Price which is approved by the Engineer.
It is the Contractor's responsibility to notify his Surety of any
changes affecting the general scope of the Work or change in the Contract
Price and the amount of applicable Bonds shall be adjusted accordingly. The
Contractor shall furnish proof of such adjustment to the Owner.
CHANGES IN CONTRACT PRICE
The Contract price as set forth in the Construction Contract may only be
changed by a written Change Order. Any claim for an increase in the Contract
Price shall be based upon written notice delivered to the Owner in and the
Engineer within fifteen days of the occurrence of the event giving rise to
the claim. Notice of the amount of the claim with supporting data shall be
delivered within forty-five days of such occurrence unless the Engineer
allows an additional period of time to ascertain accurate cost data. All
claims for adjustments in the Contract Price shall be determined by the
Engineer if the Owner and the Contractor cannot otherwise agree on the amount
involved. Any change in the Contract Price resulting from any such claim
shall be incorporated into a written Change Order.
The value of any Work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the
following ways:
(a) Where the Work involved is covered by unit prices contained
the Contract Documents, by application of unit prices to the
quantities of the items involved.
(b) By mutual acceptance of a lump sum.
(c) On the basis of the Cost of the Work plus a Contractor's Fee
for overhead and profit. The term "Cost of the Work" means
the sum of all costs necessarily incurred and paid by the
Contractor in the proper performance of the Work. Except as
otherwise may be agreed to in writing by the Owner, such costs
shall be in amounts no higher than those prevailing in the
locality of the Project and shall include only the following
items:
(1) Payroll costs for employees in the direct employ of the
Contractor in the performance of the Work under schedules of
job classifications agreed upon by the Owner and the
Contractor.
Section 00700 - 20
I.
S�� McClelland
r
(2) Cost of all materials and equipment furnished and
incorporated in the Work, including costs of transportion and
storage thereof, and manufacturers' field services required in
connection therewith.
(3) Payments made by the Contractor to the Subcontractors for
work performed by the Subcontractors. (If required by the
Owner, the Contractor shall obtain competitive bids from the
Subcontractors acceptable to him and shall deliver such bids
to the Owner who will then determine, with the advice of the
Engineer, which bids will be acceptable.
(4) Costs of special consultants (including, but not limited
to, engineers, architects, testing laboratories, surveyors,
lawyers and accountants) employed for services specifically
related to the Work. .
(5) The proportion of necessary transportation, traveling and
subsistence expenses of the Contractor's employees incurred in
discharge of duties connected with the Work.
(6) Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, appliances, office
and temporary facilities at the site and hand tools not owned
by the workmen, which are consumed in the performance of the
Work, and cost less market value of such items used but not
consumed which remain the property of the Contractor.
(7) Rentals of all construction equipment and machinery and
the parts thereof whether rented from the Contractor or others
in accordance with rental agreements approved by the Owner
with the advice of the Engineer, and the costs of
transportation, loading, unloading, installation, dismantling
and removal thereof --all in accordance with 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.
(8) Sales, use or similar taxes related to the Work, and for
which the Contractor is liable, imposed by any governmental
authority.
(9) Deposits lost for causes other than the Contractor's
negligence, royalty payments and fees for permits and
licenses.
(10) Losses, damages and expenses, not compensated by
insurance or otherwise, sustained by the Contractor in
connection with the execution of, and to, the Work, provided
they have resulted from causes other than the negligence of
Section 00700 - 21
J
. MCcr.u,nd
Can affirm
r
the Contractor, any Subcontractors or anyone directly or
indirectly employed by any of them or for whose acts any of
them may be liable.
(11) The cost of utilities, fuel and sanitary facilities at
the site.
(12) Minor expenses such as telegrams, long distance telephone
calls, telephone service at the site, expressage and similar
petty cash items in connection with the Work.
The term "Cost of the Work" shall not include any of the following:
(a) Payroll costs and other compensation of the Contractor's
officers, executives, principals (of partnership and sole
proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and
contracting agents, expediters, timekeepers, clerks and other
personnel employed by the Contractor whether at the site or in
his principal or a branch office for general administration of
the Work, all of whom are to be considered administrative
costs covered by the Contractor's Fee.
(b) Expenses of the Contractor's principal and branch offices
other than his office at the site.
(c) Any part of the Contractor's capital expenses, including
interest on the Contractor's capital employed for the Work and
charges against the Contractor for delinquent payments.
(d) Cost of premium for all bonds and for all insurance policies
whether or not the Contractor is required by the Contract
Documents to purchase and maintain the same.
(e) Costs due to the negligence of the Contractor, any
Subcontractor, or anyone directly or indirectly 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 damages to property.
(f) Other overhead or general expense costs of any kind.
The Contractor's Fee which shall be allowed to the Contractor for his
overhead and profit shall be determined as follows:
(a) a mutually acceptable fixed fee; or if none can be agreed
upon,
Section 00700 - 22
J
S Mccl.u.nd
tna Jf!Inn
i
(b) a fee based upon ten percent (10%) of items (a), (b), and (c)
included under the term "Cost of the Work".
The amount of credit to be allowed by the Contractor to the Owner for
any such change which results in a net decrease in cost, will be the amount
of the actual net decrease. The Contractor's administrative costs for
processing the decrease will not be credited to the Contractor. When both
additions and credits are involved in any one change, the combined overhead
and profit shall be figured on the basis of the net increase, if any.
Whenever the cost of any Work is to be determined by the "Cost Plus"
method, the Contractor will submit in form acceptable the Engineer an
itemized cost breakdown together with supporting data.
OVERTIME WORK
As used in this Contract, "overtime work" shall be all labor hours
worked per man which are required, by applicable custom of the trade, union
contract or law, to be paid at a premium hourly rate not less than time and
one half the basic straight time hourly rate for the work performed. The
amount above such basic straight time hourly rate shall be considered the
premium for such overtime work.
Overtime work requested or authorized by the Owner in writing shall be
performed by the Contractor and the Owner shall, except in the case of
changes performed under "COST PLUS A FEE CHANGES", reimburse the Contractor
for only (a) the premium portion of the payments made for performing such
overtime work and (b) with respect to such premium portion only, any other
required payments to or for the benefit of employees and any applicable
insurance premiums and payroll taxes.
Overtime work performed at the Contractor's election but without the
written authorization of the Owner and overtime work, if any, required under
other provisions of this Contract shall be performed at the Contractor's sole
expense. Casual overtime work required by the nature of the Work shall be
performed at the Contractor's sole expense.
CHANGES IN CONTRACT TIME AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed, by and between the
Contractor and the Owner, that the date of beginning and the time for
completion as specified in the Contract of the work to be done hereunder are
essential conditions of this Contract; and it is further mutually understood
and agreed that the work embraced in this contract shall be commenced on a
date to be specified in the NOTICE TO PROCEED.
The Contractor agrees that said work shall be prosecuted regularly,
diligently, and uninterruptedly at such rate of progress as will insure full
completion thereof within the time specified. It is expressly understood and
agreed, by and between the Contractor and the Owner, that the time for the
completion of the Work described in the PROPOSAL is a reasonable time for the
Section 00700 - 23
Aa Ifj nna
r
1
completion of the same, taking into consideration the average climatic range
and usual industrial conditions prevailing in this locality.
If the Contractor shall neglect, fail, or refuse to complete the Work
within the time herein specified, or any proper extension thereof granted by
the Owner, then the Contractor does hereby agree, as a part consideration for
the awarding of this Contract, to pay to the Owner the amount specified in
the Contract, if any, for each and every work day (Monday through Friday)
that the Contractor shall be in the default after the time stipulated in the
contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor
and the Owner realizing the impracticability and extreme difficulty of fixing
and ascertaining the actual damages the Owner would in such event sustain,
and said amount is agreed to be the amount of damages which the Owner would
sustain.
It is further agreed that time is of the essence of each and every
portion of this Contract and of the Specifications wherein a definite and
certain length of time is fixed for the performance of any act whatsoever;
and where under the Contract an additional time is allowed for the completion
of any Work, the new time limit fixed by such extension shall be of the
essence of this Contract. PROVIDED, that the Contractor shall not be charged
with liquidated damages or any excess cost when the Owner determines that the
Contractor is without fault and the Contractor's reasons for the time
extension are acceptable to the Engineer.
The Contract Time may only be changed by a Change Order. Any claim for
an extension in the Contract Time shall be based on written notice delivered
to the Owner and the Engineer within seven (7) days of the occurrence of the
event giving rise to the claim. Notice of the extent of the claim with
supporting data shall be delivered within thirty (30) days of such occurrence
unless the Engineer allows an additional period of time to ascertain more
accurate data. All claims for adjustment in the Contract Time shall be
determined by the Engineer if the Owner and the Contractor cannot otherwise
agree. Any change in the Contract Time resulting from any such claim shall
be incorporated into a Change Order.
The Contract Time will be extended in an amount equal to time lost due
to delays beyond the control of the Contractor if he makes a claim therefore
as provided hereinbefore. Such delays shall include, but not be restricted
to, acts or neglect by any separate contractor employed by the Owner, fires,
floods, labor disputes, epidemics, abnormal weather conditions, or acts of
God.
NEGLECTED WORK
If the Contractor should fail to prosecute the Work in accordance with
the Plans and Specifications, including any requirements of the progress
schedule, the Owner, after seven days' written notice to the Contractor may,
without prejudice to any other remedy he may have, make good such
Section 00700 - 24
fi�� MCC/ellanC
IJ
r
I
deficiencies and the cost thereof (including compensation for additional
professional services) shall be charged against the Contractor if the
Engineer approves such action, in which case a Change Order shall be issued
incorporating the necessary revisions in the Contract Documents including an
appropriate reduction in the Contract Price. If the payments then or
thereafter due the Contractor are not sufficient to cover such amount, the
Contractor shall pay the difference to the Owner.
PROGRESS PAYMENTS
About the first day of the month, the Contractor shall submit to the
Engineer for review an Application for Payment filled out and signed by the
Contractor covering the Work completed as -of the date of the Application and
accompanied by such data and schedules as the Engineer may reasonably
require. Unless otherwise specifically stated in the Detailed
Specifications, or clarified by the Owner prior to approval of the Contract,
the Owner shall pay to the Contractor ninety percent (90%) of the amount of
such estimated value of materials furnished and work done during said
previous calendar month. After fifty percent (50%) of the work has been
completed in place, the amount retained may be reduced, provided reasonable
cause cannot be shown for a greater retainage. However, under no
circumstance shall the Owner be obligated to reduce the amount of retainage
to a sum which is less than 5% of total contract amount, including change
orders, until final payment becomes due. If payment is requested on the
basis of materials and equipment not incorporated in the Work but delivered
and suitably stored at the site or another location agreed to in writing, the
Application for Payment shall also be accompanied by such data, satisfactory
to the Owner, as will establish the Owner's title to the material and
equipment and protect his interest therein, including applicable insurance.
Each subsequent Application for Payment shall include an affidavit of the
Contractor stating that all previous progress payments received on account of
the Work have been applied to discharge in full all of Contractor's
obligations reflected in prior Applications for Payment.
The 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 the Owner at the time of
payment free and clear of all liens, claims, security interests and
encumberance.
The Engineer will, within ten days after receipt of each Application for
Payment, either indicate in writing his approval of payment and present the
Application to the Owner, or return the Application to the Contractor
indicating in writing his reasons for refusing to approve payment. In the
latter case, the Contractor may make the necessary corrections and resubmit
the Application. The Owner shall, within ten days of presentation to him of
an approved application for payment, pay the Contractor the amount approved
by the Engineer. By approving any such payment the Engineer will not thereby
be deemed to have represented that he made exhaustive or continuous on -site
inspections to check the quality or the quantity of the Work, or that he has
reviewed the means, methods, techniques, sequences, and procedures of
Section 00700 - 25
McClelland
-r
Canwlli no
r
1
construction, •or that he has made any examination to ascertain how or for
what purpose the Contractor has used the moneys paid or to be paid to him on
account of the Contract Price, or that title to any Work, materials, or
equipment has passed to the Owner free and clear of any liens.
The Engineer may refuse to approve the whole or any part of any payment
if, in his opinion, it would be incorrect to make such representations to the
Owner. He may also refuse to approve any such payment, or, because of
subsequently discovered evidence or the results of subsequent inspections or
tests, nullify any such payment previously approved to such extent as may be
necessary in his opinion to protect the Owner from loss because:
(a) The Work is defective, or completed Work has been damaged
requiring correction or replacement;
(b) Claims
or
Liens
have been filed or there is reasonable cause
to believe
such
may be filed;
(c) The Contract Price has been reduced because of Modifications;
(d) The Owner has been required to correct defective Work or
complete the Work; or
(e) Of unsatisfactory prosecution of the Work, including failure
to furnish acceptable submittals or to clean up.
FINAL ESTIMATE AND PAYMENT
Prior to; final payment, the Contractor may, in writing to the Owner and
the Engineer, certify that the entire Project is substantially complete and
request that the Engineer issue a certificate of Substantial Completion.
Within a reasonable time thereafter, the Owner, the Contractor and the
Engineer shall make an inspection of the Project to determine the status of
completion. If the Engineer does not consider the Project substantially
complete, he will notify the Contractor in writing giving his reasons
therefore. If the Engineer considers the Project substantially complete, he
will prepare and deliver to the Owner a tentative certificate of Substantial
Completion which shall fix the date of Substantial Completion and the
responsibilities between the Owner and the Contractor for maintenance, heat
and utilities. There shall be attached to the certificate a tentative list
of items to, be completed or corrected before final payment, and the
certificate shall fix the time within which such items shall be completed or
corrected, said time to within the Contract Time. The Owner shall have seven
days after receipt of the tentative certificate during which he may make
written objection to the Engineer as to any provisions of the certificate or
attached list. If, after considering such objections, the Engineer concludes
that the Project is not substantially complete, he will within fourteen days
after submission of the tentative certificate to the Owner notify the
Contractor in writing, stating his reasons therefore. If, after
consideration of the Owner's objections, the Engineer considers the Project
substantially complete, he will within said fourteen days execute and deliver
Section 00700 - 26
•McClelland
— _ , n.... u;.,.
J
to the Owner and the Contractor a definitive certificate of Substantial
Completion (with a revised tentative list of items to be completed or
corrected) reflecting such changes from the tentative certificate as he
believed justified after consideration of any objections from the Owner.
The Owner shall have the right to exclude the Contractor from the
Project after the date of Substantial Completion, but the Owner shall allow
the Contractor reasonable access to complete or correct the items on the
tentative list.
Prior to final payment, the Owner may request the Contractor in writing
to permit him to use a specified part of the Project which he believes he may
use without significant interference with construction of the other parts of
the Project. If the Contractor agrees, he will certify to the Owner and the
Engineer that said part of the Project is substantially complete and request
the Engineer to issue a certificate of Substantial Completion for that part
of the Project. Within a reasonable time thereafter the Owner, the
Contractor, and the Engineer shall make an inspection of that part of the
Project to determine its status of completion. If the Engineer does not
consider it to be substantially complete, he will notify the Owner and the
Contractor in writing giving his reasons therefore. If the Engineer
considers that part of the Project to be substantially complete, he will
execute and deliver to the Owner and the Contractor a certificate to that
effect, fixing the date of Substantial Completion as to that part of the
Project, attaching thereto a tentative list of items to be completed or
corrected before final payment and fixing the responsibility between the
Owner and the Contractor for maintenance, heat and utilities as to that part
of the Project. The Owner shall have the right to exclude the Contractor
from any part of the Project which the Engineer has so certified to be
substantially complete, but the Owner shall allow the Contractor reasonable
access to complete or correct the items on the tentative list.
Upon written notice from the Contractor that the Project is complete,
the Engineer will make a final inspection with the Owner and the Contractor
and will notify the Contractor in writing of all particulars in which this
inspection reveals that the Work is incomplete or defective. The Contractor
shall immediately take such measures as are necessary to remedy this
deficiencies.
After the Contractor has completed all such corrections to the
satisfaction of the Engineer and delivered all maintenance and operating
instructions, schedules, guarantees, Bonds, certificates of inspection and
other documents --all as required by the Specifications, he may make
application for final payment following the procedure for progress payments.
The final Application for Payment shall be accompanied by such data and
schedules as the Engineer may reasonably require, together with complete and
legally effective releases or waivers (satisfactory to Owner) of all Liens
arising out of the Plans and Specifications and the labor and services
performed and the material and equipment furnished thereunder. In lieu
thereof and as approved by the Owner, the Contractor may furnish receipts or
Section 00700 - 27
✓J& R Me.lo/land
„� .� WnmlMne
I
releases in full;
an affidavit of the Contractor that the releases
and
receipts include all
labor, services, material
and equipment for which a
Lien
could be filed, and
that all payrolls, material and equipment bills,
and
other indebtedness
connected with the Work
for which the Owner or
his
property might in
any way be responsible,
have been paid or otherwise
satisfied; and consent of the Surety, if any,
to final payment.
If, on the basis of his observation and review of the Work during
construction, his final inspection and his review of the final Application
for Payment, all as required by the Plans and Specifications, the Engineer is
satisfied that the Work has been completed and the Contractor has fulfilled
all of his obligations under the Plans and Specifications, he will, within
ten days after receipt of the Final Application for Payment, indicate in
writing his approval of payment and present the Application to the Owner for
payment. Thereupon the Engineer will give written notice to the Owner and
the Contractor that the Work is acceptable. Otherwise, he will return the
Application to the Contractor, indicating in writing his reasons for refusing
to approve final payments, in which case the Contractor shall make the
necessary corrections and resubmit the Application. The Owner shall, within
ten days of presentation to him of an approved final Application for Payment,
pay the Contractor the amount approved by the Engineer:
If after Substantial Completion of the Work final completion thereof is
materially delayed through no fault of the Contractor, and the Engineer so
confirms, the Owner shall, upon certification by the Engineer, and without
terminating the Agreement, make payment of balance due for that portion of
the Work fully completed and accepted. If the remaining balance for Work not
fully completed or corrected is less than the retainage stipulated
heretofore, and if Bonds have been furnished as required heretofore, the
written consent of the Surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by the
Contractor to the Engineer prior to certification of 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,
The Contractor's obligation to perform the Work and complete the Project
in accordance with the Plans and Specifications shall be absolute. Neither
approval of any progress or final payment by the Engineer, nor the issuance
of a certificate of Substantial Completion, nor any payment by the Owner to
the Contractor under the Plans and Specifications, nor any use or occupancy
of the Project or any part thereof by the Owner, nor any act of acceptance by
the Owner nor any failure to do so, nor any correction of defective work by
the Owner shall constitute an acceptance of Work not in accordance with the
Plans and Specifications.
The making and acceptance of final payment shall constitute a waiver of
all claims by the Owner against the Contractor other than those arising from
unsettled Liens, from defective work appearing after final inspection, or
from failure to comply with the requirements of the Plans and Specifications
or the terms of any special guarantees specified therein, and a waiver of all
Section 00700 - 28
Map,lland
Gon,altina
r
claims by the Contractor against the Owner other than those previously made
in writing and still unsettled.
Where part of the monies for construction of the project is being
obtained by grant or loan from Federal agencies, such as often is the case,
the final estimate will not be certified until the project has been approved
by the responsible Federal agency, and the final payment will not be made
until the monies are received from such agency. Consequently, there is under
such circumstances the possibility and likelihood of a delay in making said
final payment in excess of the customary period, as is the case when the
Owner has all necessary monies on hand.
GUARANTEES FOR MATERIALS, EQUIPMENT AND WORKMANSHIP
The Contractor hereby warrants that all materials and equipment
furnished for the Work and all portions of the Work:
(a) Shall be new unless otherwise authorized by the Owner in
writing;
(b) Shall conform to the Specifications and to the Plans and shall
be of the best quality if no other quality is specified;
(c) Shall be fit for the particular purposes for which they are
required; and
(d) Shall be free from all defects in materials and workmanship
until the expiration of twelve (12) months after the Date of
Substantial Completion in the case of materials, equipment and
portions of the Work which have been incorporated into, or
performed on, the Work by the Contractor on or before the Date
of Substantial Completion thereof and the date of the Owner's
acceptance of the work in the case of materials, equipment and
portions of the Work which have been incorporated into, or
performed on, the Work by the Contractor subsequent to the
Date of Substantial Completion thereof; provided however, that
the Contractor shall not be liable for any failure which
result solely from improper operation or maintenance on the
Owner's part or which are due solely to normal wear and tear
The Contractor further warrants that all equipment designed and
manufactured by others than the Contractor which the Contractor purchases for
the Work shall be specified so as to conform to the Specifications and to the
Plans and shall be fit for the particular purposes for which they are
required.
The Contractor hereby agrees that, upon receiving written notice from
the Owner, he will at such reasonable time as is specified in such notice
repair, or remove from the Construction Site and replace any and all
materials, equipment and portions of the Work which fail to meet any warranty
applicable thereto under these provisions; provided the Owner so notifies the
V
Section 00700 - 29
MCCialland
ton wltin a
J
r
l
Contractor within a reasonable time after such failure becomes known to the
Owner and makes the Work available for such repair or removal and
replacement.
The Contractor hereby agrees that in the event any failure of any of the
materials, equipment or portions of the Work to meet any warranty applicable
thereto under these provisions becomes known to him, he will notify the Owner
promptly of such failure.
Neither failure of the Engineer to discover or reject materials or Work
not in accordance with the Plans and Specifications, nor approval of the
Engineer of any Work or materials, nor payment, nor partial or entire
occupancy of the premises, nor use of the equipment by the Owner shall be
construed as an acceptance of Work .or materials which are not strictly in
accordance with the Plans and Specifications or a waiver of defects therein.
The Owner shall give to the Contractor prompt notice of observed
defects. All questions arising under this Article shall be decided by the
Engineer, subject to arbitration as provided herein.
ARBITRATION
Either the Owner or the Contractor may demand arbitration with respect
to any such claim, dispute or other matter that has been referred to the
Engineer, except any which have been waived by the making or acceptance of
final payment. However, no demand for arbitration of any such claim, dispute
or other matter shall be made until the earlier of the date on which the
Engineer has rendered his decision or the tenth day after the parties have
presented their evidence to the Engineer if he has not rendered his written
decision before that date. No demand for arbitration shall be made later
than thirty days after the date on which the Engineer rendered his written
decision in respect of the claim, dispute or other matter as to which
arbitration is sought; and the failure to demand arbitration within said
thirty day period shall result in the Engineer's decision being final and
binding upon the Owner and the Contractor. If the Engineer renders a
decision after arbitration proceedings have been initiated, such decision may
be entered as° evidence but shall not supersede the arbitration proceedings,
except where the decision is acceptable to the parties concerned.
The Contractor will carry on Work and maintain the progress schedule
during any arbitration proceedings, unless otherwise agreed by him and the
Owner in writing.
OTHER CONTRACTORS
The Owner may perform additional work related to the Project by himself,
or he may let other direct contracts therefore similar to this one. The
Contractor shall afford the other contractors who are parties to such direct
contracts (or the Owner, if he is performing the additional work himself),
reasonable opportunity for the introduction and storage of materials and
equipment and the execution of Work, and shall properly connect and
coordinate his Work with theirs.
Section 00700 - 30
MCC1.11am1
___sue Con wit Inc
J
r
If any part of the Contractor's Work depends on proper execution or
results upon the Work of any such other contractor (or Owner), the Contractor
shall inspect and promptly report to the Engineer in writing any defects or
deficiencies in such Work that render it unsuitable for such proper execution
and results. His failure to so report shall constitute an acceptance of the
other Work as fit and proper for the relationship of his Work except as to
defects and deficiencies which may appear in the other Work after the
execution of this Work.
The Contractor shall do all cutting, fitting and patching of his Work
that may be required to make its several parts come together properly and fit
it to receive or be received by such other Work. The Contractor shall not
endanger any Work of others by cutting, excavating or otherwise altering
their Work and will only cut or alter their Work with the written consent of
the Engineer and of the other contractors whose Work will be affected.
If the performance of additional Work by other contractors or the Owner
is not noted in the Plans and Specifications prior to the execution of the
Contract, written notice thereof shall be given to the Contractor prior to
starting any such additional Work. If the Contractor believes that the
performance of such additional Work by the Owner or other involves him in
additional expense or entitles him to an extension of the Contract Time, he
may make a claim therefore.
PATENT FEES AND ROYALTIES
The Contractor shall pay all license fees and royalties and assume all
costs incident to the use in the performance of 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 for use in the performance of the Work and if
to the actual knowledge of the Owner or the 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 the
Owner in the Specifications. The Contractor shall indemnify and hold
harmless the Owner and the Engineer and anyone directly or indirectly
employed by either of them from and against all claims, damages, losses and
expenses (including attorney's fees) arising out of any infringement of
patent rights or copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of any invention,
design, process, product or device not specified in the Plans and
Specifications, and shall defend all such claims in connection with any
alleged infringement of such rights.
UNPATENTED DISCLOSURES TO THE OWNERS
Except as otherwise agreed to in writing by the Owner, the Owner shall
not have any obligation or liability with respect to or arising out of the
Owner's receipt of and/or the Owner's use and/or disclosure of, any and all
unpatented inventions, technical information, know-how, data, documents,
drawings, prototypes and models which are at any time disclosed or furnished
to the Owner by or on behalf of the Contractor or any of the vendors or
Section 00700 - 31
. MCLIII#lne
n
r
subcontractors, in connection with this Contract or in connection with the
subject matter of this Contract.
TERMINATION OF THE CONTRACT BY THE OWNER
If the Contractor is adjudged bankrupt or insolvent, or if a trustee or
receiver is appointed for the Contractor or for any of his property, or if he
files a petition to take advantage of any debtor's act, or to reorganize
under the bankruptcy or similar laws, or if he repeatedly fails to supply
sufficient skilled workmen or suitable materials or equipment, or if he
repeatedly fails to make prompt payments to Subcontractors or for labor,
materials, or equipment or if he disregards laws, ordinances, rules,
regulations or orders of any public body having jurisdiction, or if he
disregards the authority of the Engineer, or if he otherwise violates any
provision of the Plans and Specifications, then the Owner may, without
prejudice to any other right or remedy and after giving the Contractor and
his Surety seven days written notice, terminate the services of the
Contractor and take possession of the Project and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the
Contractor, and finish the Work by whatever method he may deem expedient. In
such case the Contractor shall not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the Contract Price
exceeds the direct and indirect costs of completing the Project, including
compensation for additional professional services, such excess shall be paid
to the Contractor. If such costs exceed such unpaid balance, the Contractor
shall pay the difference to the Owner. Such costs incurred by the Owner
shall be determined by the Engineer and incorporated into a Change Order.
Where the Contractor's services have been so terminated by the Owner,
said terminations shall not affect any rights of the Owner against the
Contractor then existing or which may thereafter accrue. Any retention or
payment of monies by the Owner due the Contractor will not release the
Contractor from liability.
Upon seven days written notice to the Contractor and the Engineer, the
Owner may, without cause and without prejudice to any other right or remedy,
elect to abandon the Project and terminate the Construction Contract. In
such case, the Contractor shall be paid for all Work executed and any expense
sustained plus a reasonable profit.
TERMINATION OF THE CONTRACT BY THE CONTRACTOR
If, through no act or faith of the Contractor, the Work is suspended for
a period of more than ninety days by the Owner or under an order of court or
other public authority, or the Engineer fails to act on any Application for
Payment within thirty days after it is submitted, or the Owner fails to pay
the Contractor any sum approved by the Engineer or awarded by arbitrators
within thirty days of its approval and presentation, then the Contractor may,
upon seven days written notice to the Owner and to the Engineer, terminate
the Construction Contract and recover from the Owner payment for all work
executed and any expense sustained plus a reasonable profit. In addition and
in lieu of terminating the Construction Contract, if the Engineer has failed
Section 00700 - 32
MCClelland
7 . (Howl/inn
r
1
to act on an Application for Payment or the Owner has failed to make any
payment as aforesaid, the Contractor may upon seven days notice to the Owner
and the Engineer stop the Work until he has been paid all amounts then due.
TEMPORARY FACILITIES
(a) Sanitary Facilities - The Contractor shall furnish approved
chemical type toilets at the construction site for use of all
workmen on the job. Toilets shall be removed at the
completion of the Work.
Toilets will be maintained in a sanitary condition and will be
removed by him upon completion of the Work.
(b) Drinking Water - The Contractor shall furnish potable drinking
water and disposable cups at the job site. The drinking
arrangement shall comply with applicable requirements of the
Arkansas State Health Department.
(c) Bracing, Enclosures, Protection, Etc. - The Contractor shall
properly and completely brace all parts of the work as
necessary during the construction of the building. When
necessary for the protection of materials or work, the
Contractor shall erect sheds, enclosures, temporary
barricades, or temporarily enclose the openings of the
building to the satisfaction of the Engineer.
(d) Sewers, Drainage, Etc. - The Contractor shall incorporate
temporary measures as necessary to prevent mud, plaster,
cement, concrete and other building materials from getting
into the sewer or other permanent piping during the
construction period, and he shall do all plumbing, bailing and
drainage of all water that may accumulate within the work area
during the entire period of construction. He shall clean out
any sewers or pipes that may become clogged due to negligence
or failure on his part to comply with this provision.
(e) Roadways - The Contractor shall use established roadways where
practical and when it is necessary to cross curbings,
sidewalks or railroad tracks, protection against damage shall
be provided by the Contractor. Any roads, curbing, sidewalks
or railroad trackage damaged by the Contractor's work shall be
repaired at the expense of the Contractor. Wherever existing
roadways or sidewalks are cut for trenches in the Work, the
Contractor shall provide and maintain safe and proper passage
for the usual traffic over such cuts or trenches, by bridges
blocking, planking, or other satisfactory methods.
(f) Storage and Working Areas - Storage areas will be provided for
the storage of the Contractor's materials and equipment, and
he shall confine his materials, equipment and operations of
Section 00700 - 33
MCCIe11and
i
r
his workmen to such limits as indicated by the Owner, and
shall not unreasonably encumber the premises. No workmen
shall trespass within other areas or buildings of the Owner
than those related to the work of this Contract and the
Contractor shall rigidly enforce this regulation. Any
materials, equipment or temporary structures belonging to the
Contractor shall be moved when so directed by the Engineer to
permit the execution of Work by others in connection with the
Project.
Materials shall be stored so as to insure the preservation of
their quality and fitness for the Work. When considered
necessary, they shall be placed on wood platforms and covered,
or stored in a suitable building as directed by the Engineer.
Stored materials shall be located so as to facilitate prompt
inspection.
SANITARY REGULATIONS
In general, the operations of the Contractor shall be in full conformity
with all of the rules and regulations of boards and bodies having
jurisdiction with respect to sanitation. Necessary sanitary provisions for
the use of the laborers on the work, convenient and properly secluded from
observation, shall be erected and maintained by the Contractor in such manner
and at such points as shall be approved. The use of such conveniences shall
be strictly enforced so there will be no trespassing on private property.
These places shall be kept in as good sanitary practices as often as may be
necessary to prevent a nuisance.
USES OF THE PREMISES
The Contractor shall confine his equipment, the storage of materials and
equipment and the operations of his workmen to areas permitted by law,
ordinances, permits, or the requirements of the Plans and Specifications, and
shall not unreasonably encumber the premises with materials or equipment.
The Contractor
shall not load nor permit
any part
of any structure to be
loaded with weights
that will endanger the
structure,
nor shall he subject
any part of the Work
to stresses or pressures
that will
endanger it.
CLEANING UP
Frequent clean-up shall be required of the Contractor to insure that
good housekeeping procedures are observed and as a safety precaution.
Maximum clean-up intervals shall not exceed one week, with more frequent
clean-up to be required, if so directed by the Owner or the Engineer.
The Contractor shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work, and at the
completion of the Work he shall remove all waste materials, rubbish and
debris from and about the premises as well as all tools, construction
equipment and machinery, and surplus materials, and shall leave the site
Section 00700 - 34
I]
McClelland
l� J l
r
clean and ready for occupancy by the Owner. The Contractor shall restore to
their original condition those portions of the site not designated for
alternation by the Plans and Specifications.
DIVERTING AND BLOCKING TRAFFIC
The Contractor may close streets to traffic as may be necessary for the
expeditious handling of the Work, but only where traffic may be conveniently
routed over other open streets and public ways; provided, however, that no
street or public way shall be closed to traffic for a longer period of time
than is necessary for the construction of the Work involved and then only
upon the approval of the Engineer and the City. Proper signs shall be
erected to facilitate the flow of traffic over the detour route. When
excavation work is carried on in any highway right-of-way, the contractor
shall make provisions for handling and re-routing traffic as required by the
Highway Department. If construction work is delayed beyond a reasonable
period of time, bridges shall be constructed.
EXPLOSIVES AND BLASTING
Explosives and blasting will not be allowed under this Contract.
WATERWAYS
Present natural and artificial waterways shall be left open to flow
freely. Temporary dams or by-passes shall be provided when found necessary
or ordered by the Engineer.
LOCATIONS OF FACILITIES
The locations of the proposed pipe lines, valves, fittings, manholes,
etc., as shown on the Plans are for general information only unless otherwise
marked on the drawing. The exact location of each shall be designated by the
Engineer at the time work is started, after giving due consideration to the
local conditions. The Engineer shall set stakes accordingly, and the
Contractor shall install the Work at the designated locations.
DAMAGE TO EXISTING FACILITIES
The Contractor and/or Subcontractor hereunder shall satisfy himself
(themselves) as to the location of all underground and above -ground
facilities and utilities in or near the site. They shall be continually
liable for damage to all improvements and lands, whether the property of the
Owner, hereunder, or others, caused by the Contractor's and/or
Subcontractor's personnel, equipment, or operation.
SAFETY AND SECURITY
The Contractor shall comply with, and shall cause its employees and all
subcontractors to abide by, all safety and security laws, rules and
regulations in force at the Construction Site. The provisions of the latest
edition of the "Manual of Accident Prevention in Construction" published by
Associated General Contractors of America, Inc., dealing with safe practices
pertaining to construction work shall be deemed to be in force at the
Construction Site to the extent they do not conflict with such laws, rules,
and regulations. The Engineer and the Owner will assume no liability
Section 00700 - 35
r
$may MCCI.Ilan
!'M.0 l.i nn
concerning the Contractor's safety practices, as safety on the Project will
be the sole responsibility of the Contractor.
REPORTING OF ACCIDENTS
The Contractor shall submit a written report to the Engineer of any
accident or injury occurring at the Construction Site.
FIRE PROTECTION
The Contractor
will
provide the
necessary fire extinguishers and will
instruct the men in
their
use. The Contractor
will
also instruct his men in
the method for sounding a
fire alarm.
Fire hydrants, fire hoses, and fire
extinguishers shall
not
be used for
any purpose except to fight fires.
Flammable materials
such
as paints,
resins, thinners, gasoline, naphtha,
acetone, and alcohol
shall
be stored in safe containers and handled safely.
PROTECTION AND SAFEGUARDS OF WORK
The Owner will not provide protection services for any Work performed
under this Contract. The Contractor shall be responsible for safeguarding
all construction Work, materials, tools, and equipment until construction is
completed and released to the Owner by the Contractor.
The Contractor shall ascertain, provide for, and abide by all of the
requirements set forth in Chapter XXI, Southern Standard Building Code, in
its latest edition.
CUTTING, PATCHING, AND REPAIRS
All damage done to existing facilities that are to remain shall be
repaired by the Contractor at his own expense and to the satisfaction of the
Owner.
The Contractor shall be responsible for all cutting, fitting, or
patching of his Work to make the various parts to properly fit, be received
or receive other work in order to conform to the Plans and Specifications.
Permission to patch or repair any damaged areas or items of the Work is
not a waiver of the Engineer's right to require complete removal and
replacement of the Work, if, in the Engineer's opinion, the patching or
repairing does not satisfactorily restore the quality and/or appearance of
the Work.
The Contractor shall check the location of all sleeves, openings, slots
for all the piping, ducts, breeching, conduits, louvers, grilles and fans as
they are laid out on the site of the Work. Provision for openings, holes and
clearances through walls, beams, floors, ceilings, and partitions shall be
made and checked by the Contractor and/or his subcontractors in advance of
constructing such parts of the Work, and all unnecessary or dangerous cutting
avoid.
Section 00700 - 36
• Sr MCClel lone
/� / Conwlllno
r
ALTERATIONS TO PUBLIC UTILITIES
Any changes to public utilities required for the execution of the Work
shall be made by the respective utility company. The Contractor shall give
the public utilities sufficient notice for adjusting their structures, so as
not to hinder or delay the Work. No extra compensation will be paid due to
delays caused by removal or adjustment of public utility structures.
EQUIPMENT NAMEPLATES
All manufacturer's nameplates on equipment items are to be kept visible
and are not to be obscured by other equipment or piping nor are they to be
covered by any paint or insulating material.
INSTALLATION OF EQUIPMENT
Where building openings are too small to permit the passage of an
assembled unit of equipment, it shall be assembled at its permanent location
unless otherwise specifically shown or specified.
The Contractor shall cooperate with other contractors and the Owner to
facilitate the installation of large units of equipment before the building
or area is closed.
OWNERSHIP OF ENGINEERING DATA
All Specifications, Plans and copies thereof furnished by the Engineer
shall remain his property. They shall not be used on another Project, and,
with the exception of those sets which have been signed in connection with
the execution of the Construction Contract shall be returned to him on
request upon completion of the Project.
L
AS -BUILT DRAWINGS
The Contractor shall keep one record copy
Addenda, Modifications, and Shop Drawings at
annotated to show all changes made during the
shall be available to the Engineer and shall
Owner prior to final acceptance of the Project.
of all Specifications, Plans,
the site in good order and
construction process. These
be delivered to him for the
PUBLICITY
No information relative to the Work shall be released by the Contractor,
either before or after completion of the Work, for publication or for
advertising purposes without the prior written consent of the Owner and the
Engineer.
MODIFICATIONS
AND WAIVERS
No change in, addition
to, or waiver of any of the
provisions of the
Construction
Contract shall
be binding upon either Party
unless in writing
signed by an
authorized representative of such Party. No waiver by either
Party of any
breach of the
other Party of any of the
provisions of the
Construction
Contract shall
be construed as a waiver
of any subsequent
breach, whether
of the same
or of a different provision of the Construction
Contract.
Section 00700 - 37
J
Maclellan
�.._ -. Cnwltine
r
ABBREVIATIONS FOR REFERENCE SPECIFICATIONS AND CODES
The following are abbreviations used to identify associations,
institutes, societies, laboratories, codes, etc. whose specifications, codes,
sets of rules, etc. may be included in these specifications by reference:
AASHTO
American Association of State Highway
Transportation Officials
ACI
American Concrete Institute
AGA
American Gas Association
AISI
American Iron and Steel Institute
AISC
American Institute of Steel Construction
ANSI
American National Standards Institute
APA
American Plywood Association
ASA.
American Standards Association
ASHRAE
American Society of Heating, Refrigerating and
Air Conditioning Engineering
ASME
American Society of Mechanical Engineers
ASTM
The American Society for Testing and Materials
AWS
American Welding Society
AWG
American Wire Gauge
AWWA
American Water Works Association
CS
Commercial Standard (U.S. Department of Commerce)
FS
Federal Specifications
IEEE
Institute of Electrical and Electronic Engineers
NAAMM
National Association of Architectural Metal
Manufactures
NEC
The National Electrical Code
NEMA
The National Electrical Manufacturers Association
NFPA
National Fire Protection Association
NSF
National Sanitation Foundation
OSHA
Occupational Safety and Health Act
SJI
Steel Joist Institute
UL
Underwriters Laboratories, Incorporated
SBC
Standard Building Code
WCLA
West Coast Lumberman's Association
STANDARDS
Materials or processes for which ASTM standards have been adopted shall,
unless in conflict with specified requirements, meet the requirements of the
latest edition of the ASTM standards.
Where a specified material is followed by a reference to a
specification, standard, test method or code such as "ASTM C150", "ASA Code",
etc., it shall be understood to mean that the material shall meet the
requirements of the referenced specification, standard, test method or code;
and, except where a specific edition is referred to, it shall be understood
that the latest edition including additions and/or amendments thereto, as of
the date the Contract is awarded, shall apply to Work under this Contract.
Section 00700 - 38
MCGeHand
tan eul llne
r
CERTIFICATES
Where ASTM, ACI, ASA, Federal Specifications, or other specifications,
set of rules, etc are included in these specifications by reference to
establish quality, performance expected, test methods to be used, or
recommended practices, the Contractor may be required to furnish a
certificate stating that the material furnished or method used complies with
requirements referred to. The certificate, when required, shall be sworn to
not only by the Contractor but by other parties involved (i.e. manufacturer's
authorized representative, supplier, subcontractor, etc.).
AVAILABILITY OF SPECIFIED ITEMS
By submitting his Proposal to perform the work herein specified, the
Contractor agrees that the materials/equipment specified are available for
construction of the project within the time frame(s) stipulated herein.
Further, the Contractor thereby agrees that time extension requests/cost
increases shall not be justified upon the basis of non -availability of
materials/equipment.
Section 00700 - 39
n
artwnauina
SUPPLEMENTARY CONDITIONS
1 4�N� UI�ima
r
SECTION 00800
SUPPLEMENTARY CONDITIONS
SCOPE OF WORK.
The work to be performed under this Contract shall include the furnishing of
all equipment, materials, and incidental items, and performing all labor
required to construct in every detail the drainage rehabilitation and
landscaping associated with the rehabilitation of a portion of the storm
drainage at Drake Field.
COORDINATION OF THE WORK
The work on this project consists of improvements to an airport in actual
operation; therefore, the Contractor shall cooperate with the airport
management so as to hold the "closed airport" time to the absolute minimum.
The airport is to remain open during the time period of 6:00 A.M. to 12:30
A.M., and it is imperative that construction activities be carried on in such
a manner that the safety of aircraft using the airport will not be impaired
in any way. The Contractor's equipment will not be operated closer than 250
feet of any runway centerline. Additional safety and construction
requirements are listed hereinafter in these SPECIAL PROVISIONS under the
sub -heading SAFETY REQUIREMENTS AND CONSTRUCTION PROCEDURES.
In addition, the Contractor and his Subcontractors must coordinate their
activities so that one does not damage work previously completed by the
other.
SAFETY REQUIREMENTS AND CONSTRUCTION PROCEDURES
Listed hereafter are "Safety Requirements on Airports During Construction
Activity". These safety requirements shall govern the construction process.
Construction Activity and Aircraft Movements.
(a) Safety requirements for construction activity affecting aircraft
movement areas have been coordinated with the airport owner (or operator) and
representatives of the Airport Users. As a result of this coordination, a
work sequence intending a minimum of disruption to aircraft operations has
been developed. The resulting restrictions imposed on the Contractor have
been included as a part of the contract provisions.
(b) During the time that the contractor is performing the work, the
aprons, taxiways, and runways at the airport will remain in use by aircraft,
to the maximum extent allowable. Aircraft operations, unless otherwise
specified in the contract specifications, shall always have priority over any
and all of the Contractor's operations. The Contractor shall not allow his
Section 00800 = 1
I
MCClellund
esinned Ta rwl Consulting
r
employees, subcontractors, material suppliers or any other persons over whom
he has control, to enter or remain upon any part of the airport which would
be a hazardous location. Should the contractor be too close to the portion
used by aircraft for safety, the Engineer may, at his sole discretion, order
the contractor to suspend his operations, remove his personnel, plant,
equipment, and materials to a safe distance and stand by until the runway and
taxiways are no longer required for use by aircraft.
Limitations on Construction. The following restrictions shall normally
pertain for activity at both air carrier and general aviation airports. In
cases where it has been determined that the following restrictions are
inappropriate, similar requirements shall be developed on a case -by -case
basis.
(a) When construction work is being accomplished adjacent to an active
runway when visibility minimums are greater than or as low as 3/4 mile,
equipment shall not be permitted within 250 feet from the runway centerline,
or within 200 feet horizontally of any aircraft on an active runway.
(b) When construction work is being accomplished adjacent to an active
runway when visibility minimums are below 3/4 mile, equipment shall not be
permitted within 500 feet from the runway centerline.
(c) All work which is too close to the runway for accomplishment during
condition (a) above, shall be performed during periods when the runway is not
in use, closed airport or displaced threshold. (Ref. NOTAM requirements
hereafter).
(d) When construction is being accomplished adjacent to an active
runway, equipment below the VFR 7:1 slope but penetrating the IFR 7:1 slope
shall be obstruction -marked and lighted for night operations.
(e) Men, equipment or other construction material will be permitted in
the approach or departure zones of active runways, provided that the
construction activity is conducted below 20:1 (34:1 where visibility minimums
are below 3/4 mile) approach plane originating 200 feet from end of runway.
Any construction activity which is contemplated in the approach zones which
would violate these planes will require consideration (threshold
displacement, lighting, etc.) Threshold displacement where visibility
minimums are 3/4 mile will be 200 feet from the intersection of the 20:1
slope. For visibility minimums of one mile or more, the threshold will be
located where the 20:1 slope intersects the runway except that at least a 200
foot safety area will be required between the obstruction and the displaced
threshold.
(f) Men, equipment or other construction related material will be
permitted adjacent to an apron or active taxiway provided that such activity
is first coordinated with the users and appropriate NOTAMS issued.
Additionally, barricades with flashers for night operations will be required
Section 00800 - 2
ML MCCSI
ran n,uIea
to mark the areato prevent aircraft from inadvertently entering the
construction area.
Open trenches, excavation and stockpiled material will normally not be
permitted within 250 feet of the centerline of the active runways at air
carrier airports and for runways having a precision instrument approach.
Coverings for open trenches must be of such strength as to support the
weight of the heaviest aircraft operating on the runway,
(g) Flare pots will not be permitted for temporary lighting of pavement
areas or to denote construction limits.
(h) Construction equipment shall not. exceed a height of 150 feet above
the airport surface. Any equipment exceeding a height of 75 feet shall be
obstruction -marked and lighted at night, and when not in use lowered to its
stowed height.
Notam.
a The Airport Owner through the Airport Manager or his Authorized
Representative, shall issue the necessary Notice to Airmen (NOTAMS) to
reflect hazardous conditions during construction. The Contractor shall
provide the Engineer with the necessary information as to the work schedule
in advance so the Engineer may coordinate with and provide the Airport
Manager with the work schedule for the issuance of the NOTAMS. It is
important that NOTAMS be kept current and reflect the actual conditions with
respect to the construction situation. Active NOTAMS shall be reviewed
periodically and revised to reflect the current conditions.
(b) Inspections will be made frequently by both the Airport Manager and
FAA personnel during critical phases of the work to insure that the
Contractor is following the required safety procedures.
Closed Runway/Airport. The runway shall be closed at night in order to
complete the drainage rehabilitation work and within 250' of the runway
centerline. The schedule for the closed runway periods has been established
to minimize the effect upon flight operations. The Contractor shall begin
the drainage rehabilitation on the first night the runway is closed. The
runway shall remain closed each night as directed by the Engineer until the
Contractor complete the drainage rehabilitation improvements within 250' of
the runway centerline.
(a) Closed Runway Markings. The Contractor shall provide two yellow
closed runway crosses as shown on the Plans. The crosses shall be placed at
each end of the pavement at the start of each night's work. The runway
lights, VASI, MALS, Beacon and Windcone lights shall be turned off during
periods the runway is closed. The closed runway crosses shall be removed
from the runway by the Contractor at the end of each night's work. The
crosses shall remain the property of the Contractor upon completion of work.
Section 00800 - 3
MCCJ.J?and
Con ,rtin a
r
No separate payment shall be made for providing, installing, lighting and
removing the closed runway crosses.
(b) Flight Operations Between 12:30 A.M. and 6:00 A.M.. Flight
operations during the normal night working hours may occur due to delayed
Metro Airlines, Air Midwest, Republic Express, or Atlantic Southeast flight
delayed after.12:30 A.M. for Sunday through Friday nights or after 9:30 P.M.
on Saturday night.
(c) Suspension Time.
aircraft, and his conclusion
be remote, the Engineer shal
that work for that night
notification, the Contractor
on that night.
Based on information affecting the operation of
that the possibility of work on that night will
1 notify the Contractor no later than 11:45 P.M.
is to be suspended. Upon receipt of such
shall alert his personnel not to report for work
(d) Standby Time. This condition occurs when the Engineer has not
directed that the project be placed under suspension as provided in
subparagraph (c) above, the conditions develop that work cannot begin at
12:30 A.M. The factors controlling standby time are as follows:
(1) The Contractor's reporting to work at 12:00 midnight.
(2) The Engineer's notification to the Contractor at or prior to
12:00 midnight that work cannot begin at 12:30 A.M.
(3) The Engineer's instruction to the Contractor to hold his
personnel on standby because of the possibility of working after 12:30 A.M.
The Engineer may repeat his instruction to continue on standby time at
intervals of one (1) hours, or at longer intervals, as in his judgment is
appropriate. Standby time shall occur, and be measured by, increments of one
hour. The Contractor shall not be required to hold his personnel on standby
basis later than 2:00 A.M. If the Contractor so selects, he may hold his
personnel later than midnight, but the time after 2:00 A.M. will not be
included in the measurement of standby time. Days involved in standby time
will not be excluded from contract time, but shall be included in the count
of consumed contract days.
The Contractor will normally be placed on standby time if the last
scheduled daily flight is delayed past 12:20 A.M. or if a charter flight
scheduled after 12:30 A.M.
Measurement and Payment. Standby time will be measured in
increments of one whole hour and payments shall be made at the unit
price bid under Bid Item for: Standby Time, per hour.
(f) Legal Holidays. No holiday, including Sunday, will be observed
during night time (closed runway) work. Observation of legal holidays during
the other Work Phases shall be at the discretion of the Contractor.
Section 00800 - 4
MCCI • an ,l
I
r
Clean-up. From time to time the Contractor shall clean up the
construction site, in order that the site present a neat appearance and the
progress of the work not be impeded. One such period of clean-up shall
immediately precede final inspection. Immediately following acceptance of
the work by the Owner, the Contractor shall remove all temporary plant,
equipment, surplus materials, and debris resulting from his operations, and
leave the site in a condition fully acceptable to the Owner. Following each
work shift, the runway and taxiway shall be swept clean of all loose
aggregate and other foreign matter. Clean-up will not be measured for
separate payment but shall be considered subsidiary work pertaining to the
several items of the contract.
Schedule of Work. The schedule of each day or night's work shall be as
proposed by the Contractor shall be submitted to the Engineer no later than
11:45 P.M. in the evening of the night's work or the following day's work.
The schedule need not be elaborate but shall be in detail sufficient to show
clearly the exact work that the Contractor is proposing. At the first part
of each operation, and until some table of experience has been developed, the
proposed work shall be on the conservative side. It is vital that the runway
be ready for use by aircraft at the intended time.
Entrance, Parking Areas and Security. Forces of the Contractor and the
Engineer shall enter and leave the airfield at the gate location shown on the
Plans. Only the designated entrances shall be used. The gate shall be
unlocked at work time for access to the airfield then shall be locked for the
remainder of the work day. The movement of equipment and materials shall be
made through the designated gate. The gate shall remain locked at all times
except when needed for access. Should the gate need to remain unlocked for
extended periods of time the contractor shall station a watchman at the gate
to prevent unauthorized personnel from entering the airfield. See the
paragraph which follows, entitled CONTRACTOR'S ROUTINE ACCESS TO SITE.
The Contractor shall store his equipment at the location shown on the Plans
during non -working hours or at other locations approved by the Airport
Manager and the Engineer.
Work Requirements. The Contractor shall provide adequate portable
lighting to light his work area during nighttime working hours to minimize
shadows within the work area.
The Contractor shall complete work on the selected section of drainage
pipe within the given night's work. The Contractor shall plan and schedule
his nights work so as to complete the work and to provide adequate time for
cleanup and equipment removal prior to opening the runway for use.
The Contractor shall grade, level and smooth the topsoil along the
drainage work area following each nights work. The Contractor shall not have
a vertical drop of more than 2 -inches within the drainage rehabilitation area
during the open runway/airport condition.
Section 00800 - 5
5
J
MCCl,i and
e� _I MCC16tina
r
LI
Clearance for Use With FAA. At the,end of each nights work, the
Engineer or the Owner's Representative shall determine that the section is
ready for return •to services. They will inform the representative of the
Federal Aviation Administration, in the control tower, of the results of
their inspection. It shall be the privilege of the FAA representative to
make inspections also. If such inspection is desired, the representative and
the Engineer shall develop a method of inspection that will produce the
required information, and without interference with the work.
Radio Control. The drainage rehabilitation requires that during certain
periods of time the Contractor will need to communicate with the Air Traffic
Control Tower. This control shall be accomplished through the communication
with the Air Traffic Control Tower using two-way, portable radios. The Owner
shall furnish one multi -channel portable radio to the Contractor and
Engineer. The radios shall be maintained in good and operable condition and
shall be tuned to the specified frequency at all times. All instructions
issued to the Contractor by the control tower or by the Engineer shall be
complied with in a prompt manner. Upon direction from the control tower the
Contractor shall move all of his equipment and personnel to a safe area as
directed. Equipment and personnel shall not be returned to the restricted
work area until permission for such return is granted by air traffic control
tower. Upon completion of the contract the radios shall remain the property
of the Owner.
CONTRACTOR'S ROUTINE ACCESS TO SITE
Plan Sheet 1 shows the location of the access route to be used by the
Contractor and his Subcontractors for the movement of supplies, equipment,
and materials to the project site on a daily basis.
The Contractor shall limit his use of the access route to the minimum
width required. The Contractor shall provide an adequate driving surface for
the access routes and shall return the access routes to their initial
condition following construction. Payment for this work shall be considered
to be subsidiary to all items of work.
PARKING FOR THE CONTRACTOR'S WORK FORCE
The parking area shall be outside the security fence as shown on the
Plans and is to be utilized for off-street parking for employees,
subcontractors, suppliers, etc. working for the Contractor. Payment
associated with clearing, draining, grading, seeding, etc. the site so that
it is acceptable for utilization is to be made subsidiary to other pay items
of the Contract. Extra payment for this work will not be made.
Personal/private vehicles will not be permitted inside the security fence as
shown on Sheet 1 of the Plans.
L
S _ McClelland
Section 00800 - 6
r
ENGINEER -SUPPLIED COPIES OF PLANS AND SPECIFICATIONS
After the Owner has awarded the Contract to the Contractor, the Engineer
will furnish to the Contractor upon request, copies of Plans and
Specifications for the sum of twenty dollars ($20.00) per set, to be payed
directly to the Engineer.
The Contractor shall keep, in bound form and in good order, at the site
of the Work one copy of all Contract Plans and Specifications, including
revisions and Change Orders affecting said Plans and Specifications, and make
them available to the Owner, Engineer or their representatives, upon request.
The Contractor shall maintain one set of the Plans with all deviations
marked in red. At the completion of the Work this set of "as -built" drawings
shall be returned to the Engineer for drawing revisions. Neither Final
Inspection nor Final Payment will be made until the requirement for
"as -built" drawings has been satisfied by the Contractor.
LIST OF DRAWINGS IN ORIGINAL SET OF PLANS
The following is a listing of the Contract drawings which constitute a
complete set of the original Plans for this project (Appendix to these
Specifications). These drawings may be amended or supplemented as the
project progresses, as provided for by official Change Orders:
Sheet
No.
CHANGE ORDER WORK
Title
Project Layout Plan
Drainage Rehabilitation
The Contractor shall perform changes in the scope and/or specific
character of the Work at the direction of the Engineer after a written Change
Order Form has been completed and executed by the approving authorities
representing each of the parties. Adjustments to the Contract Price
necessitated by Change Order work shall be made per separate lump sums agreed
to for each Change Order task.
OFF -SITE DISPOSAL OF UNSUITABLE MATERIAL
The Contractor will not be permitted to dispose of waste or unsuitable
material anywhere on the Owner's property. It is the Contractor's
responsibility to arrange for an off -site waste disposal facility, as
necessary.
Section 00800 - 7
- P an
Canwl/l
r
LIQUIDATED DAMAGES; MEASUREMENT OF TIME
The GENERAL PROVISIONS regarding CHANGES IN CONTRACT TIME AND LIQUIDATED
DAMAGES are hereby amended as follows: any reference to "calendar day" shall
be changed to read "weekday (Monday through Friday)". All other requirements
pertaining to CHANGES IN CONTRACT TIME AND LIQUIDATED DAMAGES shall remain
unchanged.
FUNCTIONS OF THE ENGINEER AND RELATIONSHIP BETWEEN ENGINEER AND CONTRACTOR
The Engineer or his assigned representative will observe work on the
project during the construction phases. The purposes for which such
observation is conducted will be to endeavor to assure that: 1) physical
limits and dimensions, as established in the Plans and Specifications, are
adhered to, 2) materials and equipment installed on the project are
equivalent to the type, kind, size, quantity, and quality required by the
Plans and Specifications, and 3) the finished products or end results are
those as established by the word and intent of the Plans and Specifications.
Neither the Engineer nor his representative.will attempt to instruct the
Contractor or his employees or sub -contractors as to how a task is to be
performed, or by whom a task is to be performed, or which machinery or
equipment should be utilized to obtain the desired results. The Contractor,
in submitting a bid for work herein specified, purports to be equipped and to
have experienced craftsmen for the performance and construction of each and
every phase of the project herein specified. In the event the Contractor
does not have the necessary craftsmen in his employ, he shall sub -contract
the work for which he has not the craftsmen, or he will otherwise secure the
services of craftsmen who are skilled and experienced in all the specified
tasks herein.
The Engineer shall have the following functions:
(1) to interpret the Plans and Specifications and define their intent
and meaning;
(2) to determine whether the work done and materials furnished are in
accordance with the terms of the Plans and Specifications and to
condemn such in accordance herewith;
(3) to make decisions on all matters relating to the execution and the
progress of the Work;
(4) to coordinate the Work of the Contractor with the Work of other
contractors;
(5) to stop the Work whenever, in the opinion of the Engineer, such
stoppage may be necessary to insure the proper execution thereof;
Section 00800 -8
LI
I
S � MRiJtna
C6IVon
r
N
(6) to determine the amount payable to the Contractor from time to time
for Work done under the Contract;
(7) to make decisions on all controversies arising out of the Plans and
Specifications or the refusal or failure of either party to perform
any part thereof;
(8) to give approvals and to take action to the extent necessary for
the orderly and expeditious prosecution of the Work; but the
Engineer shall not have authority to amend or modify the
Construction Contract;
(9) to delegate his responsibilities to other representatives of the
Owner in connection with specific portions of the Work;
(10). to disapprove or reject Work which is "defective" (which term is
hereinafter used to describe Work that is unsatisfactory, faulty or
defective, or does not conform to the requirements of the Plans and
Specifications, or does not meet the requirements of any test;
(11) to require special testing of the Work as provided for hereafter
whether or not the Work is fabricated, installed, or completed;
(12) to exercise his best efforts to insure faithful performance by both
the Owner and the Contractor. He will not show partiality to
either and will not be liable for the result of any interpretation
or decision rendered in good faith. Claims, disputes and other
matters relating to the execution and progress of the Work or the
interpretation of or performance under the Plans and Specifications
shall be referred to the Engineer for decision; which he will
render in writing within a reasonable time;
All decisions and determinations made by the Engineer pursuant to
the Work and communicated to the Contractor shall be binding on the
Contractor unless, within thirty (0). days thereafter, written
objection is filed with the Owner's Purchasing Agent demanding that
the issue be determined by arbitration.
The Engineer or his representative may inform the Contractor or his
sub -contractors of circumstances which, in the opinion of the Engineer or his
representative, may predict unsatisfactory results, or he may caution the
Contractors, relative to safety hazards which may exist, but these efforts to
assist the Contractors or to prevent accidents or problems will in no way
relieve the Contractors of their responsibilities and liabilities in these
regards.
The Engineer or his representative may not be present during every phase
of any construction operation, or if he is on -site, he may not witness each
and every function or task that the Contractor/sub-contractor may perform.
This fact does not relieve the Contractor from his responsibility to see that
Section 00800 - 9
MCC/elland
Cm suJlinq
r
i
each item of work and each installation performed by him or his
sub -contractor is in strict accordance with the intent of these Plans and
Specifications.
CONTRACTOR'S RESPONSIBILITY REGARDING SPECIAL APPLICATION MATERIALS AND
PRODUCTS
Within this project may be specified certain materials or products,
which may be major components of the project or may be ancillary to major
components, and which, due to their inherent characteristics and/or
capabilities, may be required as essential parts of the project. These
materials or products are special in that they require special techniques in
their application, and therefore, require experienced and skilled craftsmen.
These materials or products include, but are not limited to the following:
Sealants, lubricants, paints, primers, lacquers, stains, thinners,
solvents, curing compounds, mastics, bitumens, tars, waterproofing
agents, insulating compounds, cementitious compounds, fillers, and
epoxies.
In furnishing and installing any of the above materials or products the
Contractor shall be guided by the manufacturer's recommendations for
instructions relative to any of the following:
Handling, storing, mixing, heating, protection from freezing,
application, protection after application, protection of workmen,
and curing and preparation of surfaces prior to application.
Section 00800 - 10
NCC!e:iond
_, Jv ___. Conwltina
r
SPECIFICATIONS
i
rvn vnsti�,, vu
7
SECTION 01005
ADMINISTRATIVE PROVISIONS
PART 1
GENERAL
1.01
REQUIREMENTS INCLUDED
A.
Title of Work, and type of contract.
B.
Contractor Use of Premises.
C.
Owner Occupancy.
D.
Coordination.
E.
Reference Standards.
F.
Quality Control - Inspection and Testing.
1.02
WORK COVERED BY CONTRACT DOCUMENTS
A.
Work of this Contract comprises the construction of drainage
rehabilitation to a portion of the storm drainage system at Drake
Field. This work will conducted at the Fayetteville Municipal
Airport, Fayetteville, Arkansas.
For a more detailed explanation of the work covered under this
Contract consult additional Contract documents.
1.03
CONTRACT METHOD
A.
Construct the work under an itemized unit and lump sum price type
contract. Items included in this Contract are covered in the
Proposal Section of these Specifications.
1.04
FUTURE WORK
Not Used
1.05 CONTRACTOR USE OF PREMISES
A. Limit use of premises for Work, parking, and for construction
operations, as indicated in Supplementary Conditions.
B. Limit access to site as outlined in the Work Sequence.
Section 01005 - 1
McClelland
ConwlAnd
1.06 OWNER OCCUPANCY
A. Owner will occupy premises during entire period of construction for
the conduct of his normal operations. Cooperate with Owner to
minimize conflict, and to facilitate Owner's operations.
1.07 OWNER -FURNISHED PRODUCTS
Not Used.
1.08 SCHEDULE OF ALLOWANCES
Not Used.
1.09 ALTERNATES
Not Used.
1.10 APPLICATION FOR PAYMENT
Not Used.
1.11 COORDINATION
A. Coordinate work of the various Sections of Specifications to assure
efficient and orderly sequence of installation of construction
elements, with provisions for accommodating items installed later.
B. Verify characteristics of elements of interrelated materials are
compatible; coordinate work of various Sections having
interdependent responsibilities for installing, connecting to, and
placing in service, such materials.
C. Execute cutting and patching to integrate elements of Work, uncover
ill-timed, defective, and non -conforming work, and provide openings
for penetrations of existing surfaces.
1.12 FIELD ENGINEERING
Not Used.
1.13 REFERENCE STANDARDS
A. For products specified by association or trade standards, comply
with requirements of the standard, except when more rigid
requirements are specified or are required by applicable codes.
B. The date of the standard is that in effect as of the Bid date, or
date of Owner -Contractor Agreement when there are no bids, except
when a specific date is specified.
Section 01005 - 2
MCCIe �^� 0 M Consulting
r
C. Obtain copies of standards when required by Contract Documents.
Maintain copy at jobsite during progress of work.
1.14 QUALITY CONTROL
A. The Contractor shall be responsible for notifying the Owner and the
Testing Laboratory chosen by the Owner, a minimum of 24 hours prior
to the time testing is required.
B. The Contractor shall be responsible for all cost of all falling
tests.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
Section 01005 - 3
-t McC(eiiond
i
SECTION 01200
PROJECT MEETINGS
PART 1
GENERAL
1.01
REQUIREMENTS INCLUDED
A.
Contractor participation in pre -construction conferences.
1.02
RELATED REQUIREMENTS
A.
Document 00100 - Instructions to Bidders: Pre -Bid Conference.
B.
Section 01005 - Administrative Provisions: Coordination of Work.
C.
Section 01400 - Quality Control.
D.
Section 01700 - Contract Closeout: Operation and maintenance data.
1.03
PRE -CONSTRUCTION CONFERENCES
A.
Owner and Engineer will administer a pre -construction conference
within twenty (20) days after delivery of the executed Construction
Contract by the Owner to the Contractor for execution of
Owner -Contractor Agreement and exchange of preliminary submittals.
1.04 PROGRESS MEETINGS
Not Used.
1.05 PREINSTALLATION CONFERENCES
Not Used.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
Section 01200 - 1
ft 1w MKienand
ran... uin..
r
SECTION 01400
QUALITY CONTROL
PART 1
GENERAL
1.01
REQUIREMENTS INCLUDED
A.
General Quality Control.
B.
Workmanship.
C.
Manufacturer's Instructions.
D.
Manufacturer's Certificates.
E.
Testing Laboratory Services.
1.02
RELATED REQUIREMENTS
A.
Section 01005 - Administrative Provisions.
1.03
QUALITY CONTROL, GENERAL
A.
Maintain quality control over suppliers, manufacturers, products,
services, site conditions, and workmanship, to produce work of
specified quality.
1.04
WORKMANSHIP
A.
Comply with industry standards except when more restrictive
tolerances or specified requirements indicate more rigid standards
or more precise workmanship.
B.
Perform work by persons qualified to produce workmanship of
specified quality.
C.
Secure products in place with positive anchorage devices designed
and sized to withstand stresses, vibration, and racking.
1.05
MANUFACTURERS' INSTRUCTIONS
A.
Comply with instructions in full detail, including each step in
sequence. Should instructions conflict with Contract Documents,
request clarification from Engineer before proceeding.
Section 01400 - 1 J
S McClelland
r
1.06 MANUFACTURERS' CERTIFICATES
A. When required by individual Specifications Section, submit
manufacturer's certificate, in duplicate, that products meet or
exceed specified requirements.
1.07 MOCKUPS
Not Used.
1.08 MANUFACTURERS' FIELD SERVICES
Not Used.
1.09 TESTING LABORATORY SERVICES
A. Owner will employ and pay for services of an Independent Testing
Laboratory to perform material tests, and other services required by
individual Specification Sections. The Owner will pay only for
passing tests.
B. Services will be performed in accordance with requirements of
. governing authorities and with specified standards.
C. Reports will be submitted to Owner and Contractor giving results of
tests, indicating compliance or non-compliance with specified
standards and with Contract Documents.
D. Contractor shall cooperate with Testing Laboratory personnel;
furnish tools, samples of materials, design mix, equipment, storage
and assistance as requested.
1. Notify Owner and Testing Laboratory 24 hours prior to expected
time for operations requiring testing services.
2. Make arrangements with Testing Laboratory and pay for additional
samples and tests for Contractor's convenience.
3. Pay all cost involved for all failed tests.
PART 2 PRODUCTS
Not Used.
Section 01400 - 2
a MCGlel land
r
PART 3 EXECUTION
Not Used.
END OF SECTION
MCCi ,fad
Section 01400 - 3
r
SECTION 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1
GENERAL
1.01
REQUIREMENTS INCLUDED
A.
Barriers.
B.
Protection of Installed Work.
C.
Security.
D.
Water Control.
E.
Cleaning During Construction.
1.02
RELATED REQUIREMENTS
A.
Section 01005 - Administrative Provisions.
B.
Section 01700 - Contract Closeout: Final cleaning.
1.03
ELECTRICITY, LIGHTING
Not Used.
1.04
HEAT, VENTILATION
Not Used.
1.05
TELEPHONE SERVICE
Not Used.
1.06
WATER
Not Used.
1.07
SANITARY FACILITIES
Not Used.
Section 01500 - 1
I�;a MaC)elland
1.08
BARRIERS
A.
Provide as required to prevent public entry to construction areas to
provide for Owner's use of site, and to protect existing facilities
and adjacent properties from damage from construction operations.
1.09
ENCLOSURES
Not Used.
1.10
PROTECTION OF INSTALLED WORK
A.
Provide temporary protection for installed products. Control
traffic in immediate area to minimize damage.
B.
Prohibit traffic and storage on lawn and landscaped areas.
1.11
SECURITY
A.
Maintain security through fence at all times by lock or guard.
1.12
WATER CONTROL
A.
Grade site to drain. Maintain excavations free of water. Provide
nd operate pumping equipment.
1.13
CLEANING DURING CONSTRUCTION
A.
Control accumulation of waste materials and rubbish; daily dispose
of off -site.
1.14
PROJECT IDENTIFICATION
Not Used.
1.15
FIELD OFFICES AND SHEDS
Not Used.
1.16
REMOVAL
A.
Remove temporary materials, equipment, services, and construction
prior to Substantial Completion inspection.
B.
Clean and repair damage caused by installation of facilities. Grade
site as indicated. Restore existing facilities used during
construction to specified, or to original, condition.
Section 01500 - 2
McCa
r
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
Section 01500 - 3
J
aarMCClellnnd
r
1
SECTION 01600
MATERIAL AND EQUIPMENT
PART 1
GENERAL
1.01
REQUIREMENTS INCLUDED
A.
Products.
B.
Transportation and Handling.
C.
Storage and Protection.
D.
Product Options.
1.02
RELATED REQUIREMENTS
A.
Section 01005 - Administrative Provisions.
B.
Section 01400 - Quality Control.
C.
Section 01700 - Contract Closeout.
1.03
PRODUCTS
A.
Products include material, equipment, and systems.
B.
Comply with Specifications and referenced standards
as minimum
requirements.
C.
Components required to be supplied in quantity
within
a
Specification section shall be the same, and
shall
be
interchangeable.
1.04
TRANSPORTATION AND HANDLING
A.
Transport products by methods to avoid product damage;
deliver
in
undamaged condition in manufacturer's unopened containers
or
packaging, dry.
B.
Provide equipment and personnel to handle products by
methods
to
prevent soiling or damage.
C.
Promptly inspect shipments to assure that products
comply with
requirements, quantities are correct, and products are undamaged.
-�� MCLlellond
Section 01600 - 1
OF
r
I
1.05 STORAGE AND PROTECTION
A. Store products in accordance with manufacturer's instructions, with
seals and labels intact and legible. Store sensitive products in
weather -tight enclosures; maintain within temperature and humidity
ranges required by manufacturer's instructions.
B. For exterior storage of fabricated products, place on sloped
supports above ground. Cover products subject to deterioration with
impervious sheet covering; provide ventilation to avoid
condensation.
C. Store loose granular materials on solid surfaces in a well -drained
area; prevent mixing with foreign matter.
D. Arrange storage to provide access for inspection. Periodically
inspect to assure products are undamaged, and are maintained under
required conditions.
1.06 PRODUCT OPTIONS
A. Products Specified by Reference Standards or by Description Only:
Any product meeting those standards.
B. Products Specified by Naming One or More Manufacturers with a
Provision for Substitutions: Submit a request for substitution for
any manufacturer not specifically named.
1.07 PRODUCTS LIST
Not Used.
1.08 SUBSTITUTIONS
Not Used.
1.09 SYSTEMS DEMONSTRATION
Not Used.
PART 2 PRODUCTS
Not Used.
Section 01600 - 2
J
McG>IIanC
r
PART 3 EXECUTION
Not Used.
END OF SECTION
L
aa� Macfella�M
Section 01600 - 3
J
r
SECTION 01700
CONTRACT CLOSEOUT
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Closeout Procedures.
B. Final Cleaning.
C. Project Record Documents.
D. Warranties and Bonds.
1.02 RELATED REQUIREMENTS
A. Document 00700 - General Conditions: Fiscal provisions, legal
submittals, and other administrative requirements.
B. Section 01500 - Construction Facilities and Temporary Controls:
Cleaning during construction.
1.03 CLOSEOUT PROCEDURES
A. Comply with procedures stated in General Conditions of the Contract
for issuance of Certificate of Substantial Completion.
B. When Contractor considers Work has reached final completion, submit
written certification that Contract Documents have been reviewed,
Work has been inspected, and that Work is complete in accordance
with Contract documents and ready for Engineer's inspection.
C. In addition to submittals required by the conditions of the
Contract, provide submittals required by governing authorities, and
submit a final statement of accounting giving total adjusted
Contract Sum, previous payments, and sum remaining due.
D. Owner will issue a final Change Order reflecting approved
adjustments to Contract Sum not previously made by Change Order.
1.04 FINAL CLEANING
A. Execute prior to final inspection.
Section 01700 - 1
MCCISIICnO
r
B.
Clean site; sweep paved areas, rake clean other surfaces.
1.05
PROJECT RECORD DOCUMENTS
A.
Store documents separate from those used for construction.
B.
Keep documents current; do not permanently conceal any work until
required information has been recorded.
C.
At Contract closeout, submit documents with transmittal letter
containing date, Project title, Contractor's name and address, list
of documents, and signature of Contractor.
1.06
OPERATION AND MAINTENANCE DATA
Not Used.
1.07
WARRANTIES AND BONDS
Not Used.
1.08
SPARE PARTS AND MAINTENANCE MATERIALS
Not Used.
PART 2 PRODUCTS
Not Used.
3.05 EXECUTION
Not Used.
END OF SECTION
Section 01700 - 2
J
Id d
P
SECTION 02218
LANDSCAPE GRADING
PART 1
GENERAL
1.01
WORK INCLUDED
A.
Place, level, and
compact topsoil and finish grade.
1.02
RELATED WORK
A.
Section 01400 -
Quality Control.
B.
Section 02225 -
Trenching.
C.
Section 02936 -
Seeding.
1.03
SAMPLES
Not Used.
1.04
PROTECTION
A.
Protect seeding
and other features remaining as final work.
B.
Protect existing
paving.
PART 2 PRODUCTS
2.01 MATERIALS
A. Topsoil: Reused.
PART 3 EXECUTION
3.01 INSPECTION
A. Verify site conditions and note irregularities affecting work of
this Section.
B. Beginning work of this Section means acceptance of existing
conditions.
Section 02218 - 1
ILMcClelland
— —' fnnnil.;nn
I
r
3.02
SUBSOIL PREPARATION
A.
Eliminate uneven areas and low spots. Remove
debris, roots,
branches, stones, in excess of 1/2 inch in size.
Remove subsoil
contaminated with petroleum products.
B.
Scarify subgrade to depth of 3 inches where topsoil is scheduled.
Scarify in areas where equipment used for hauling
and spreading
topsoil has compacted subsoil.
3.03
PLACING TOPSOIL
A.
Place topsoil in areas where seeding is scheduled.
B.
Use topsoil in relatively dry state.
C.
Fine grade topsoil eliminating rough or low areas.
Maintain levels,
profiles, and contours of subgrade.
D.
Remove stone, roots, grass, weeds, debris, and
foreign material
while spreading.
E.
Manually spread topsoil around inlets.
F.
Lightly compact placed topsoil.
G.
Remove surplus subsoil and topsoil from site.
H.
Leave stockpile area and site clean and raked,
ready to receive
reseeding.
3.04
TOLERANCES
A.
Top of Topsoil: Plus or minus 1/2 inch.
3.05
SCHEDULE OF LOCATIONS
Not Used.
END OF SECTION
Section 02218 - 2
a-=-_ McClellan
r
SECTION 02225
TRENCHING
PART 1 GENERAL
1.01 WORK INCLUDED
A. Excavate trenches each side of storm drainage pipe.
B. Compacted fill along and over pipe to finished elevation.
C. Compaction requirements.
1.02 RELATED WORK
A. Section 01400 - Quality Control: Section 01410 -Testing Laboratory
Services: Compaction requirements of backfill.
B. Section 02218 - Landscape Grading.
G. Section 02720 - Storm Drainage System.
1.03 REFERENCES
Not Used.
1.04 TESTS
Not Used.
1.05 SAMPLES
Not Used.
1.06 PROTECTION
A. Protect excavations by shoring, bracing, or other methods required
to prevent cave-in or loose soil from falling into excavation.
PART 2 PRODUCTS
2.01 SELECT BED AND FILL MATERIALS
Not Used.
ft J�—� MaCIa IIand
Section 02225- 1 J
i
2.02 COMMON FILL MATERIALS
A. Subsoil: Reused, free of gravel larger than 3 inch size, and debris.
2.03 ACCESSORIES
Not Used.
PART 3
EXECUTION
3.01
INSPECTION
A.
Verify stockpiled fill to be reused is approved.
3.02
PREPARATION
A.
When necessary, compact subgrade surfaces to density requirements
for backfill material as noted on Drawings.
3.03
EXCAVATION
A.
Excavate subsoil required for storm drainage rehabilitation.
B.
Cut trenches sufficiently wide to enable installation of enable
installation of repairs and underdrains.
3.04
BACKFILLING
A.
Backfill trenches to contours and elevations. Backfill
systematically, as early as possible, to allow maximum time for
natural settlement.
B.
Place geotextile drainage fabric as shown on Drawings.
C.
Place and compact common fill materials in continuous layers not
exceeding 8 inches loose depth.
D.
Employ a placement method so not to disturb or damage underdrains.
E.
Maintain optimum moisture content of backfill materials to attain
required compaction density.
F.
Remove surplus backfill materials from site.
G.
Leave stockpile areas completely free of excess fill materials.
Section 02225 - 2
L
ML -MW MCCI.uane
3.05 TOLERANCES
A. Top Surface of Backfilling; Plus or minus 1/2 inch.
END OF SECTION
Section 02225 - 3
J
MLa� M�CIellonC
r
SECTION 02720
STORM DRAINAGE SYSTEMS
PART 1
GENERAL
1.01
SECTION INCLUDES
A.
Storm drainage piping rehabilitation.
1.02
PRODUCTS INSTALLED BUT NOT FURNISHED UNDER THIS SECTION
Not Used.
1.03
PRODUCTS FURNISHED BUT NOT INSTALLED UNDER THIS SECTION
Not Used.
1.04
RELATED SECTIONS
A.
Section 02225 - Trenching.
B.
Section 02218 - Landscape Grading.
1.05
REFERENCES
Not Used.
1.06
REGULATORY REQUIREMENTS
Not Used.
1.07
SUBMITTALS
Not Used.
1.08
PROJECT RECORD DOCUMENTS
Not Used.
PART 2 PRODUCTS
2.01 MANUFACTURERS - SEWER PIPE MATERIALS
Not Used.
Section 02720 - 1
a n McClelland
Mr Jan
rA
2.02 SEWER PIPE MATERIALS
Not Used.
2.03 PIPE ACCESSORIES
A. Pipe Joints: Bitumastic type.
B. Filter Fabric: The engineering fabric shall be used in subsurface
drainage applications for lining trenches. The engineering fabric
shall provide a permeable layer or media, while retaining the soil
matrix.
The engineering fabric shall be a nonwoven fabric consisting only of
continuous chain polymeric filaments or yarns of polyester or
polyproplene formed into a stable network by needle punching. The
fabric shall be inert to commonly encountered chemicals,
hydrocarbons, mildew and not resistant to ultraviolet light
exposure, insect and rodent resistant, and conform to the properties
in the following table. The average roll minimum value (weakest
principle direction) for strength properties of any individual roll
tested from the manufacturing lot or lots of a particular shipment
shall be in excess of the average roll minimum value (weakest
principle direction) stipulated below.
Physical Properties
Grab Tensile Strength*
ASTM 01681 (Lbs.)
Elongation at Failure*
ASTM D1682 (%)
Mullen Burst Strength
ASTM D3786 (%)
Coefficient of Normal Permeability -k
(an/sec.)(5 in. constant head)
Vertical Water Flow
(gal/min/ft2)(5 in constant head)
Equivalent Opening Size (U.S. Standard
Sieve No.) CW-02215
U.S. Std. Sieve Number larger than
Trapezoid Tear Strength*
ASTM 1117 (Lbs.)
Average Roll
Minimum Value (Weakest
Principle Direction)*
90
50
190
.1
150
50
30
Section 02720 - 2
- MCC/.pond
r
Puncture Strength 40
ASTM 0751 (modified) (Lbs.)
The engineering fabric shall be provided in rolls wrapped with
protective covering to protect the fabric from mud, dirt, dust, and
debris. The fabric shall be free of defects or flaws which
significantly affect its physical properties. Each roll of fabric
in the shipment shall be labeled with a number or symbol to identify
that production run.
2.04 CATCH BASINS
Not Used.
2.05 MANHOLES (AND CLEANOUTS)
Not Used.
2.06 FILL MATERIAL
Not Used.
2.07 FILTER AGGREGATE
A. Coarse Aggregate: Clean, crushed stone free from shale, clay,
organic materials or debris; graded to the following limits:
Sieve Size Percent Passing
1-1/2 inch 100
1 inch 90 to 100
No. S 0 to 20
PART 3 EXECUTION
3.01 EXAMINATION
A. Verify that trench cut excavation base is ready to receive work, and
excavations, dimensions, and elevations are as indicated on
Drawings.
B. Beginning of installation means acceptance of existing conditions.
3.02 PREPARATION
A. Hand trim excavations to required elevations. Correct over
excavation with fill material.
a MCCJ#Iland
Section 02720 - 3
J
r
1
B. Remove large stones or other hard matter which could damage drainage
tile or impede consistent backfilling or compaction.
3.03 INSTALLATION - PIPE
A.
Install, joint
filler and mortar in accordance
with Drawings.
B.
Place filter
fabric over and around
pipe
and shape to receive
aggregate and
cover prior to subsequent
backfilling
operations.
C.
Install coarse
filter aggregate at sides
of pipe.
D.
Compaction of
each successive lift.
Refer
to Section 02223 and
Drawings for
compaction requirements.
Do not displace or damage
pipe when compacting.
3.04 INSTALLATION - CATCH BASINS, MANHOLES, AND CLEANOUTS
Not Used.
3.05 FIELD QUALITY CONTROL
A. Field inspection will be performed under provisions of Section
01400.
3.06 PROTECTION
A. Protect finished installation under provisions of Section 01500.
B. Protect pipe and filter aggregate cover from damage or displacement
until backfilling operation is in progress.
3.07 SCHEDULE
Not Used.
END OF SECTION
Section 02720 - 4
r'® McClelland
i
SECTION 02936
SEEDING
PART 1
GENERAL
1.01
WORK INCLUDED
A.
Placing topsoil
B.
Fertilizing
C.
Seeding
D.
Mulching
1.02
RELATED WORK
A.
Section 02218 - Landscape Grading: Preparation of subsoil and
placement of topsoil in preparation for the work of this Section.
B.
Section 02223 - Backfilling: Rough grading of site.
1.03
REFERENCES
A.
FS O -F-241 - Fertilizers, Commercial.
1.04
DEFINITIONS
A.
Weeds: Includes Dandelion, Jimsonweed, Quackgrass, Horsetail,
Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed, Cress,
Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy
Ragwort, Bermuda Grass, Johnson Grass, Poison Ivy, Nut Sedge, Nimble
Will, Bindweed, Bent Grass, Wild Garlic, Perrenial Sorrel, and Brome
Grass.
1.05
REGULATORY REQUIREMENTS
A.
Comply with regulatory agencies for fertilizer and herbicide
composition.
1.06
QUALITY ASSURANCE
A.
Provide seed mixture in containers showing percentage of seed mix,
year of production, net weight, date of packaging, and location of
packaging.
Section 02936 - 1
MCGellane
� Can,ulfina
r
1.07 TESTS
Not Used.
1.08 MAINTENANCE DATA
Not Used.
1.09 DELIVERY, STORAGE, AND HANDLING
A. Deliver grass seed mixture in sealed containers. Seed in damaged
packaging is not acceptable.
B. Deliver fertilizer in waterproof bags showing weight, chemical
analysis, and name of manufacturer.
1.10 COORDINATION
Not Used.
1.11 MAINTENANCE SERVICE
Not Used.
PART 2 PRODUCTS
2.01 ACCEPTABLE SEED SUPPLIERS
Not Used.
2.02
SEED MIXTURE
A.
Seed Mixture:
1. Bermuda Grass:
35 percent.
2. Creeping Red Fescue
Grass:
35 percent
3. Annual Rye: 30
percent
2.03
SOIL MATERIALS
Not Used.
2.04
ACCESSORIES
A.
Mulching Material:
Oat or wheat straw, free from weeds,
foreign
matter detrimental
to plant
life, and dry. Hay or
chopped
cornstalks are not
acceptable.
B.
Fertilizer: FS O -F-241, Type I
or II, Grade A or B recommended for
grass, with fifty
percent of
the elements derived from
organic
McClelland
Section 02936 - 2
r
D. Immediately following seeding and compacting, apply mulch to a
thickness of 1/8 inches. Maintain clear of shrubs and trees.
F. Apply water with a fine spray immediately after each area has been
mulched. Saturate to 4 inches of soil.
3.06 HYDROSEEDING
Not Used.
3.07 SEED PROTECTION
Not Used.
3.08 MAINTENANCE
Not Used.
3.09 SCHEDULE
Not Used.
END OF SECTION
Section 02936 - 4
fl fl McClellan
ru lnn
r
1
sources; of proportion necessary to eliminate any deficiencies of
topsoil to the following proportions: Nitrogen 13 percent,
phosphoric acid 13 percent, soluble potash 13 percent.
D. Water: Clean, fresh and free of substances or matter which could
inhibit vigorous growth of grass.
PART 3 EXECUTION
3.01 INSPECTION
A. Verify that prepared soil base is ready to receive the work of this
Section.
B. Beginning of installation means acceptance of existing site
conditions.
3.02 PREPARATION OF SUBSOIL
Not Used.
3.03 PLACING TOPSOIL
Not Used.
3.04
FERTILIZING
A.
Apply fertilizer at a rate of 500 lbs/acre.
B.
Apply after smooth raking of topsoil and prior to roller
compaction.
C.
Do not apply fertilizer at same time or with same machine as will be
used to apply seed.
D.
Mix Thoroughly into upper 2 inches of depth.
E.
Lightly water to aid the dissipation of fertilizer.
3.05
SEEDING
A.
Apply seed at a rate of 40 lbs per 1000 sq ft
evenly in two
intersecting directions. Rake in lightly. Do not
seed area in
excess of that which can be mulched on same day.
B.
Do not sow immediately following rain, when ground
is too dry, or
during windy periods.
C.
Roll seeded area with roller not exceeding 112 lbs.
Section 02936 - 3
S Mctlelland
ianwitino
r
SECTION 04100
MORTAR
PART 1
GENERAL
1.01
WORK INCLUDED
A.
Mortar for drainage pipe.
1.02
RELATED WORK
Not Used.
1.03
REFERENCES
A.
ASTM C5 - Quicklime for Structural Purposes.
B.
ASTM C91 - Masonry Cement.
C.
ASTM C144 - Aggregate for Masonry Mortar.
D:
ASTM C150 - Portland Cement
E.
ASTM C207 - Hydrated Lime for Masonry Purposes.
F.
ASTM C270 - Mortar for Unit Masonry.
G.
ASTM C387 - Packaged, dry Combined Materials for Mortar and
Concrete.
1.04
MIX TESTS
Not Used.
1.05
SUBMITTALS
Not Used.
1.06
ENVIRONMENTAL REQUIREMENTS
A.
Cold Weather Requirements: IMIAC - Recommended Practices and Guide
Specifications for Cold Weather Masonry Construction.
Section 04100 - 1
MCCle Oaa
ranaennn
r
PART 2 PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
Not Used.
2.02 MATERIALS
A. Portland Cement: ASTM C150, normal -Type I; gray color.
B. Masonry Cement: ASTM C98, for general use.
C. Mortar Aggregate: ASTM C144, standard masonry type; clean, dry,
protected against dampness, freezing, and foreign matter.
D. Hydrated Lime: ASTM C207, Type S.
E. Quicklime: ASTM C5, non -hydraulic type.
F. Premix Mortar: ASTM C387, using (gray) (white) cement.
G. Water: Clean and potable.
2.03 MORTAR COLOR
Not Used.
2.04 ADMIXTURES
Not Used.
2.05 MIXES
A. Mortar: ASTM C270, Type S or N.
2.06 GROUT FILL
Not Used.
2.07 MORTAR MIXING
A. Do not use anti -freeze compounds to lower the freezing point of
mortar or grout.
B. If water is lost by evaporation, retemper within two hours of
mixing. Do not retemper mortar after two hours of mixing.
Section 04100 - 2
• MaClsllanC
I� _. Con g'tin a
r
C1
PART 3 EXECUTION
3.01 INSTALLATION
A. Install mortar.
C. Work mortar into cavities to eliminate voids.
END OF SECTION
a_a`r McClelland
Section 04100 - 3
r
APPENDIX
r7; mxcc I' NQ