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HomeMy WebLinkAbout59-94 RESOLUTION• • RESOLUTION NO. 5 9 - 94 • A RESOLUTION AUTHORIZING THE MAYOR AND crry CLERK TO EXECUTE A CONTRACT WITH SWEETSER CONSTRUCTION IN THE AMOUNT OF $392.272 FOR STREET, SIDEWALK. AND STORM DRAINAGE IMPROVEMENTS IN THE SOUTHEAST TARGET AREA, AND APPROVAL OF A BUIXiET ADJUSTMENT IN THE AMOUNT OF $22,454. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are authorized to execute a contract with Sweetser Construction, in the amount of $392,272 for street, sidewalks, and storm drainage improvements in the southeast target area. A copy of the hid tabulation and contract are attached hereto and made a part hereof. Section 2. That the City Council hereby approves a budget adjustment in the amount of $22 454 00 increasmg Public Improvement Target, Acct. No. 2180 4990 5390 17 and decreasing Acquisition, Acct. No. 2180 4990 5390 18. A copy of the approved budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 17th day of May 1994. ATTEST: By: APPROVED: By. red Hanna, Mayor City of Fayetteville. Arkansas Budget Aiitortnint Fora iat" • Budget Year - Administrative Services 1994 Division: Community Development Program: Capital Project or Item Requated: Additional funding is requested fat the Public Improvement Target Area Project. Date Requested May 17. 1994 Project or Item Deleted: A portion of the Acquisition Project budget will be utilized for the Public Improvement Target Area Project. Justification of this Increase: The Public Improvement Target Area Project bid came in over budget. This project has been in the planning stage for approximately two years. Justification of this Decrease: The Public Improvement Target Area Project is considered to be a higher priority than the Acquisition WOjCa. 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I . ., m 1 .• • .. g• ..• • E.•• .0. :• • •a . • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS PART/SECTION NI SUBJECT PAGE N, PART I BIDDING REOUIREMENTS 00030 Advertisement for Bids 1-2 00100 Instructions to Bidder 1-8 00300 Proposal 1-10 00350 Bid Bond 1-2 00360 Notice of Award 1 PART II CONTRACT FORMS 00500 Contract 1-5 00550 Notice to Proceed 1 AR940007 Wage Rate 1-4 PART III CONDITIONS OF THE CONTRACT O 0700 General Conditions 1=34 O 0800 Supplementary Conditions 1-7 HUD -4010 Federal Wage Standards 1-3 S-3 Section 3 1-2 PART IV SPECIFICATIONS O 1000 Abbreviations 1-3 O 1009 Summary of Work 1-2 01011 Site Conditions 1-4 01014 Protection of the Environment . . 1-2 01016 Safety Requirements and Protection of Property 1-4 O 1027 Application for Payment 1-2 O 1028 Change Order Procedures 1-3 O 1210 Preconstruction Conferences . • • • 1 O 1300 Submittals During Construction . . . 1-5 01311 Schedule and Sequence of Operations 1-2 01400 Quality Control 1-3 01500 Temporary Construction Facilities and Utilities 1-3 O 1600 Material and Equipment Shipment, Handling, Storage, and Protection . 1-4 01700 Contract Closeout 1-2 01710 Clean -Up 1-2 01720 Project Record Documents 1-3 02015 Move In and Site Preparation . . 1-2 02102 Clearing, Grubbing, and Strippings 1-3 02200 Earthwork, Trench Excavation and Backfill 1714 02300 Seeding 1-4 02514 Concrete Curbs and Walkways . • • • 1-4 02601 Asphalt, Concrete, and Gravel Surface Restoration 1-10 O 2602 Paving Fabric 1-3 O 3210 Reinforcing Steel 1-4 03300 Concrete 1-14 05500 Fabricated Metalwork and Castings . ]-8 ✓ I y %:..";•..• -•▪ .; ..7.Crw•m• 11•4•:•1% • - Jr° • • .11 • p. • • •• • -it •.• . •. ▪ gat le • % • • EA z ••••• qr. ▪ • 107.J.•••1.1'...:dem•-• • • • ••• • ;Id ▪ :•!. • •• .1•14:•• ▪ y...;••• •••: f• 4. !1:-..•.0.; ▪ • IN • • .2-1. • %n▪ al: ▪ • '-m▪ m • • °re • •••.- m• • -m g Is • • ;. : • . -Jib" .g••;:.* • 1 • • • ▪ • • :4• • im ;I; : • • ed.- e ▪ 'serene "elle+•• ••• • •• ▪ 1. -...". . • .. %A- '1 • • % '' - 4 .1. 1 ...CIE •.: •• . . :. • • • 1• • ;m11.1.1., ?S._ . 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Mi:..••1. . e • • • 1 7Ir . • • • NM• • -". • :. - .1 • • • 1-1 • . i • . • - e I; . • . 1 1 . . •t• 1 1 • .11%." • • • • it... •1. • • ••• °Le' , . • 1.• • • 1. • ' • • • : ••• ••• ••!: t ". • •••••1‘ yet•I: rm••mt. .11 ••• •• .::.• • • eq.....• • • .• • • .% • • 1 • ▪ 1••• • V▪ ..% ▪ • ▪ • ▪ ▪ • 11 • • • • • • f • % • ▪ '• • • • .• ▪ • • • • .•• • • . • 4.11 1 • •1 • • • •• • • • • 11t • • •%.? 4.11.:Ya • ▪ II••••• • 4- • • . • of . • 1.11••••• • tr.?. .• 1 .. • • • . •4 Ai?: • %P.." • •• ▪ ••• 11 ▪ • e 1. •1•••• • 11. •; • • .• • • • • • ▪ ..• 1 E. • • • • • • • • • • • ••. • • • • m• • •1, ma • . • ••j • .•I • • • . . • • • • . • • •••:•• • • ••• • • ••••• • • • Or•ail • • ;.:1••• • • • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 OWNER: ENGINEER: PROJECT W: HUD BID NO: SECTION 00030 ADVERTISEMENT FOR BIDS City of Fayetteville Purchasing Dept. Office, Room 306 City Admin. Bldg„ 113 W. Mountain Fayetteville, Arkansas 72701 McClelland Consulting Engineers, Inc. P.O. Box 1229 Fayetteville, AR 72702 (501) 443-2377 FY932186 94-24 The City of Fayetteville will receive sealed bids for construction of Curbs and Gutter. Storm Drainage, Asphalt Overlay, Sidewalks and other related items on approximately 3500 SF of streets. Bids shall be on a unit price basis. The City will receive bids until 10:30 A.M. local time on April 22, 1994, at Room 306, City Administration Building. Bids received after this time will not be accepted. Bids will be opened and publicly read aloud immediately after specified closing time. All interested parties are invited to attend. Bidding Documents may be examined at the offices of the Engineers and at: ABC Plans Room %Ozark Floor Co. 928 N. College Fayetteville, AR Construction Market Data P.O. Box 1109 (72203) 1501 N. Pierce, Ste 101 Little Rock, AR 72207 F. W. Dodge Reports 5100 E. Skelly Suite 1010 Tulsa, OK 74135 Copies of the Bidding Documents may be obtained through the Engineers office upon payment of $80.00 for each set of documents. Return of documents is not required, and amount paid for documents is not refundable. Partial sets are not available. Section 0003C - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 For information concerning the proposed work or for an appointment to visit the site of the work, contact Mr. Arnold Rankins, P.E. at the Engineer's office. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such Contractor's and Business Licenses as required by State statutes and the Rules and Regulations of the Arkansas Contractor's Licensing Board. The attention of the Bidder is directed to the applicable federal and wage rates to be paid under this contract. Each Bid must be submitted on the prescribed form and accompanied by a certified check or bid bond executed on the prescribed form, payable to the City of Fayetteville, in an amount not less than 5 percent of the amount bid. The City of Fayetteville is an Equal Opportunity Employer. Attention of Bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract. Community Development Block Grant Funds have been allocated for this project which is to constitute some or all funding for this project. The right is reserved to reject all Bids or any Bid not conforming to the intent and purpose of the Contract Documents, and to postpone the award of the Contract for a period of time which shall not exceed 90 days following the bid opening date. Dated this day of , 1994. By Title: Section00030-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00100 INSTRUCTIONS TO BIDDER PARAGRAPH NO. /TITLE 1. FORMAT 2. SPECIFICATION LANGUAGE PAGE NO. 1 1 3. GENERAL DESCRIPTION OF THE PROJECT 1 4. QUALIFICATION OF BIDDERS 1 5. DOCUMENT INTERPRETATION 1 6. BIDDER'S UNDERSTANDING 2 7. PROJECT MANUAL & DRAWINGS 2 8. TYPE OF BID 2 9. PREPARATION OF BIDS 3 10. STATE AND LOCAL SALES AND USE TAXES 3 11. SUBMISSION OF BIDS 3 12. TELEGRAPHIC OR WRITTEN MODIFICATION OF BIDS 4 13. WITHDRAWAL OF BID 4 14. BID SECURITY 4 15. RETURN OF BID SECURITY 5 16. AWARD OF CONTRACT 5 17. BASIS OF AWARD 5 18. EXECUTION OF CONTRACT 5 19. PERFORMANCE AND PAYMENT BONDS 6 20. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND 6 21. PERFORMANCE OF WORK BY CONTRACTOR 6 22. TIME OF COMPLETION 7 23. PROVIDING REQUIRED INSURANCE 7 24. TRENCH AND EXCAVATION SAFETY SYSTEM 7 -1Em- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00100 INSTRUCTIONS TO BIDDERS 1. FORMAT The Contract Documents are divided into parts, divisions, and sections in keeping with accepted industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the Specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project. 2. SPECIFICATION LANGUAGE "Command" type sentences are used in Contract Documents. These refer to and are directed to the Contractor. 3. GENERAL DESCRIPTION OF THE PROJECT A general description of the work to be done is contained in the ADVERTISEMENT FOR BIDS. The scope is indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents. 4. OUALIFICATION OF BIDDERS The prospective bidders must meet the statutorily prescribed requirements before Award of Contract by the Owner. Before a Contract will be awarded for the work contemplated herein, the Owner will conduct such investigation as is necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified under this Contract. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. 5. DOCUMENT INTERPRETATION The Contract Documents governing the work proposed herein consist of the Drawings and all material bound herewith. These Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed work. Any person contemplating the submission of a Bid shall have thoroughly examined all of the various parts of these Documents, and should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should request of the Engineer, in writing (received by the Engineer at least 5 working days prior to bid opening) an interpretation thereof. Any interpretation or Section 001CC - I change in said Contract Documents will be made only in writing, in the form of Addenda to the Documents which will be furnished to all Bidders receiving a set of the Documents. Bidders shall submit with their Proposals, or indicate receipt, of all Addenda. The Owner or Engineer will not be responsible for any other explanation or interpretations of said Documents not issued in writing by Addendum. 6. BIDDER'S UNDERSTANDING Each Bidder must inform himself of the conditions relating to the execution of the Work, and it is assumed that he will inspect the site and make himself thoroughly familiar with all the Contract Documents. Failure to do so will not relieve the successful Bidder of his obligation to enter into a Contract and complete the contemplated Work in strict accordance with the Contract Documents. It shall be the Bidder's obligation to verify for himself and to his complete satisfaction all information concerning site and subsurface conditions. Information derived from topographic maps, or from Drawings showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents. Each Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with, federal, state, and local laws, statutes, and ordinances relative to the execution of the Work. This requirement includes, but is not limited to, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, burning and nonburning requirements, permits, fees, and similar subjects. 7. PROJECT MANUAL AND DRAWINGS No return of Project Manual or Drawings is required and no refund will be made. The successful Bidder will be furnished three sets of Documents without charge. Any additional copies required will be furnished to the Contractor at $80.00 per set. Partial sets will not be available. 8. TYPE OF BID Unit prices shall be submitted in the appropriate places on the Bid. The total amount to be paid the Contractor shall be the total amount of the unit price items as adjusted based on quantities Section 00100 - 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 installed and/or any adjustment for additions or deletions resulting from additive or deductive alternates or change orders during construction. 9. PREPARATION OF BIDS Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the foregoing Certification must be fully completed and executed when submitted. No changes shall be made in the phraseology of the forms. Written amounts shall govern in cases of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and totals, unit prices will prevail. Any Bid shall be deemed informal which contains material omissions, or irregularities, or in which any of the prices are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published ADVERTISEMENT FOR BIDS. Only one bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Owner that any Bidder is interested in more than one bid for work contemplated, all bids in which such Bidder is interested will be rejected. The Bidder shall sign his Bid in the blank space provided therefor. If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. If Bidder is a partnership or sole proprietorship, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign Contracts in behalf of the firm. If signature is by an agent, other than an officer of a corporation or a member of a partnership or sole proprietorship, a notarized power-of-attorney must be on file with the Owner prior to opening of bids or submitted with the Bid. 10. STATE AND LOCAL SALES AND USE TAXES Unless the Supplementary Conditions contains a statement that the Owner is exempt from state sales tax on materials incorporated into the Work due to the qualification of the Work under this Contract, all state and local sales and use taxes, as required by the laws and statutes of the state and its political subdivisions, shall be paid by the Contractor. Prices quoted in the Bid shall include all nonexempt sales and use taxes, unless provision is made in the Bid form to separately itemize the tax. Section 00100 - 3 1 1 1 1 1 I , I I 1 1 1 1 1 1 1 1 1 1 1 11. SUBMISSION OF BIDS All Bids must be submitted, not later than the time prescribed, at the place, and in the manner set forth in the ADVERTISEMENT FOR BIDS. Bids must be made on the Bid forms provided herein. Each Bid must be submitted in a sealed envelope, so marked as to indicate its contents without being opened, and addressed in conformance with the instructions in the ADVERTISEMENT FOR BIDS. Bids may not be submitted by FAX machines. 12. TELEGRAPHIC OR WRITTEN MODIFICATION OF BID Any Bidder may modify his bid by telegraphic or written communication at any time prior to the scheduled closing time for receipt of bids, provided such communication is received by the Owner prior to the closing time. The telegraphic or written communication should not reveal the bid price; it shall, however, state the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. 13. WITHDRAWAL OF BID Any Bid may be withdrawn prior to the scheduled time for the opening of Bid either by telegraphic or written request, or in person. No Bid may be withdrawn after the time scheduled for opening of Bids, unless the time specified in Item, AWARD OF CONTRACT, of these INSTRUCTIONS TO BIDDERS shall have elapsed. 14. BID SECURITY Bids must be accompanied by cash, a certified check, or cashier's check drawn on a bank in good standing, or a bid bond issued by a Surety authorized to issue such bonds in the State where the Work is located, in the amount of 5 percent of the total amount of the Bids submitted. This bid security shall be given as a guarantee that the Bidder will not withdraw his Bid for a period of 60 days after bid opening, and that if awarded the Contract, the successful Bidder will execute the attached Contract and furnish properly executed Performance and Payment Bonds, each in the full amount of the Contract price within the time specified. The Attorney -in -Fact (Resident Agent) who executes this bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All bid bonds and resident agent of State of Arkansas State of Arkansas. Contract bonds shall be executed by a licensed the surety having his place of business in the and in all ways complying with the laws of the The mere countersigning of a bond will not be Section 0°100 - 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 sufficient. If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith, or one conforming substantially thereto in form and content. 15. RETURN OF BID SECURITY Within 15 days after the award of the Contract, the Owner will return the bid securities to all Bidders whose Bids are not to be further considered in awarding the Contract. Retained bid securities will be held until the Contract has been finally executed, after which all bid securities, other than Bidders' bonds and any guarantees which have been forfeited, will be returned to the respective Bidders whose Proposals they accompanied. 16. AWARD OF CONTRACT Within 90 calendar days after the opening of Bids, unless otherwise stated in the ADVERTISEMENT FOR BIDS or SUPPLEMENTARY CONDITIONS of these Documents, the Owner will accept one of the Bids or will act in accordance with BASIS OF AWARD, below. The acceptance of the Bid will be by written notice of award, mailed or delivered to the office designated in the Bid. In the event of failure of the lowest responsible and responsive qualified Bidder to sign and return the Contract with acceptable Performance and Payment Bonds, as prescribed herein, the Owner may award the Contract to the next lowest responsible and responsive qualified Bidder. Such award, if made, will be made within 90 days after the opening of Bids. 17. BASIS OF AWARD If, at the time this Contract is to be awarded, the total Base Bid of the lowest acceptable Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all bids or take such other action as best serves the Owner's interests, including consideration of selected Deductive Alternates. 18. EXECUTION OF CONTRACT The successful Bidder shall, within 15 consecutive days after receiving notice of award, sign and deliver to the Owner the Contract hereto attached together with the acceptable bonds as required in these Documents. Within 15 consecutive days after receiving the signed Contract with acceptable bonds from the successful Bidder, the Owner's authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract. The successful Bidder shall conform to the Rules and Regulations of Arkansas Department of Finance and Administration concerning Section 00100 - 5 nonresident contractor's notice and bond requirements. 19. PERFORMANCE AND PAYMENT BONDS The successful Bidder shall file with the Owner a Performance Bond and Payment Bond on the form bound herewith, each in the full amount of the Contract Price in accordance with the requirements of the State of Arkansas as applicable, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the construction of the Work, and to cover all guarantees against defective workmanship or materials, or both, for a period of 1 year after the date of final acceptance of the Work by the Owner. The Surety furnishing this bond shall have a sound financial standing and a record of service satisfactory to the Owner, shall be authorized to do business in the State of Arkansas, and shall be listed on the current U.S. Department of Treasury Circular Number 570, or amendments thereto in the Federal Register, of acceptable Sureties for Federal projects. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the project is located or it ceases to meet the requirements of the preceding paragraph, Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. The Attorney -in -Fact (Resident Agent) who executes this Performance Bond and Payment Bond in behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All Contracts, Performance and Payment Bonds, and respective powers -of -attorney will have the same date. 20. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND The Bidder who has a Contract awarded to him and who fails to properly execute the Contract and furnish the Performance Bond and Payment Bond, within the time frame stipulated elsewhere in these documents, shall forfeit the bid security that accompanied his bid, and the bid security shall be retained as liquidated damages by the Owner, and it is agreed that this sum is a fair estimate of the amount of damages the Owner will sustain in case the Bidder fails to enter into a Contract and furnish the bond as hereinbefore provided. Bid security deposited in the form of cash, a certified check, or cashier's check shall be subject to the same requirements as a Bid Bond. Section 00100 - 6 21. PERFORMANCE OF WORK BY CONTRACTOR The Contractor shall perform on the site and with his own organization, work equivalent to at least forty percent of the total amount of the work to be performed under this Contract. If, during the progress of the Work hereunder, the Contractor requests a reduction of such percentage, and the Engineer determines that it would be to the client's advantage, the percentage of the Work required to be performed by the Contractor's own organization may be reduced; PROVIDED prior written approval of such reduction is obtained by the Contractor from the Engineer. Each bidder must furnish with his bid a list of the items that he will perform with his own forces and the estimated total cost of these items. 22. TIME OF COMPLETION The time of completion of the Work to be performed under this Contract is of the essence of the Contract. Delays and extensions of time may be allowed in accordance with the provisions stated in Section GENERAL CONDITIONS. The time allowed for the completion of the work is stated in the Proposal. 23. PROVIDING REOUIRED INSURANCE The Bidder's attention is directed to the insurance requirements set forth in the GENERAL CONDITIONS (amended in the SUPPLEMENTAL CONDITIONS, if appropriate). Submittal of a bid indicates full understanding and intent to comply with the insurance requirements which are a condition of the contract. 24. TRENCH AND EXCAVATION SAFETY SYSTEM In accordance with Act 291 of 1993 of the State of Arkansas, Bidders must provide a separate price for trench and excavation safety programs in the space provided on the bid form. Failure to do so will subject the bidder to disqualifications. 25. SAFETY STANDARDS AND ACCIDENT PREVENTION With respect to all work preformed under this contract, the Contractor shall: 1. Comply with the safety standards provision of applicable laws, building and construction codes and the "Manual of Accident Prevention in Constuction" published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act cf 1970 (Public Law 91-596). Section 00100 - 7 2. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 3. Maintain, at this office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or doctor's care of person's (including employees) who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care 26. SUBCONTRACTOR'S PERFORMANCE AND PAYMENT BOND In accordance with Act 190 of 1993 of the State of Arkansas, subcontractors shall provide to the General Contractor a performance and payment bond if the conditions of Section 1 ofAct 190 are applicable to the project. 27. SUBCONTRACTS The Bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract: 1. Must be acceptable to the OWNER after verification by the HUD Area office of the current eligibility status, and 28. PROPOSED SUBSTITUTION FOR SPECIFIED ITEMS The Bidder must comply with Article 50 of Section 00700 of this Project Manual by submitting complete data for proposed items of substitution with his Bid Proposal. END OF SECTION Section 0010C - 8 1 SECTION 00300 PROPOSAL NOTE TO BIDDER: Please use BLACK ink for completing this Bid form. To: City of Fayetteville Address: Project Title: Puchasing Department Office, Room 306 City Administration Building, 113 West Mountain Fayetteville, Arkansas 72701 East Fayetteville CD Street Improvements Engineer's Project No.: FY932186 Arkansas Contractor's Date: AP?)/ 02) ri License No.: 0.2 74117‘).571/ JERRY SWEETSER, INC Bidder: 390 WEST POPLAR FAYETTEVILLE, AR 72703 Address: Bidder's person to contact for additional information on this Proposal: Name:MAP% 6 Seveite7:5A 7a Me a).A4/7-- Telephone: isci; 'Iv3Sc-2t fe„tx. 1. BIDDER'S DECLARATION AND UNDERSTANDING The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this Proposal are those named herein, that this Proposal is, in all respects, fair and without fraud, that it is made without collusion with any official of the Owner, and that the Proposal is made without any connection or collusion with any person submitting another Proposal on this Contract. The Bidder further declares that he has carefully examined the Contract Documents for the construction of the project, that he has personally inspected the site, that he has satisfied himself as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according to the provisions and under the terms of the Contract Documents, which 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Documents are hereby made a part of this Proposal. The Bidder states that he has experience in and is qualified to perform the work herein specified and, if he does not have craftsmen experienced and qualified in any phase of the work for which this Proposal is offered, that he will subcontract the work under said phase to a contractor who does have the necessary experience and qualifications. The Bidder further agrees that he has exercised his own judgement and has utilized all data which he believes pertinent from the Engineer, Owner, and other sources in arriving at his own conclusions. 2. CONTRACT EXECUTION AND BONDS The Bidder agrees that if this Proposal is accepted: he will, within 15 days after notice of award, sign the Contract in the form annexed hereto, and will at that tine, deliver to the Owner the Performance Bond and Payment Bond required herein, and will, to the extent of his Proposal, furnish all machinery, tools: apparatus, and other means of construction and do the work and furnish all the materials necessary to complete all work as specified or indicated in the Contract Documents. 3. CERTIFICATES OF INSURANCE. PAYMENT BOND. AND PERFORMANCE BOND The Bidder further agrees to furnish the Owner, before executing the Contract, the certificates of insurance, Payment Bond, and Performance Bond as specified in these Documents. 4. BID BOND Enclosed herewith is a bid bond for S Z dollars ($ ) which we agree the Owner may cash and retain as liquidated damages in the event of our failure to enter into contract for the work covered by this Proposal, provided the Contract is awarded to us within ninety (90) days from the date fixed for the opening of bids and we fail to execute the required bonds as called for in the Specifications within fifteen (15) days after the execution of the Contract. 5. START OF CONSTRUCTION AND CONTRACT COMPLETION TIME The Bidder further agrees to begin work within 10 calendar days after the time stated in the Notice to Proceed issued by the Owner to the Contractor and shall complete the construction in all respects within 180 calendar days and shall comply with the schedule identified in Section 01311 - Schedule and Sequence of Operations. SECTICN 003CC - 2 NM- A 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6. LIOUIDATED DAMAGES In the event the Bidder is awarded the Contract and shall fail to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid to the Owner for all work awarded under the Contract until the work shall have been satisfactorily completed as provided by the Contract Documents, plus any monies paid by the Owner to the Engineer for additional engineering and observation services associated with such delays. Liquidated damages shall be based upon actual cost to be borne by the Owner as a result of the work not being completed within the time stipulated in the Contract and agreed to by the Contractor. Such costs include but are not limited to loss of revenues and additional Fees payable to the Engineer. 7. ADDENDA The Bidder hereby acknowledges that he has received Addenda Nos. to these Specifications. (Bidder insert No. of each Addendum received.) 8. UNIT PRICE BASE BID The Bidder agrees to accept as full payment for the work proposed herein the amount computed under the provisions of the Contract Documents and based on the following unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Bidder agrees that the Unit Prices represent a true measure of the labor and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in the Contract Documents. The amounts shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern. 9. SALES AND USE TAXES The Bidder agrees that all federal, state, and local sales and use taxes are included in the stated bid prices for the work. 10. DEDUCTIVE ALTERNATES In the event Deductive Alternates are required to meet existing financing, they shall be in the following order: 1. Huntsville Avenue Sidewalk Improvements 2. Mill Avenue Sidewalk Improvements SECTION 00300 - 3 EM- I I I I I 3. Willow Avenue Sidewalk Improvements 4. Rock Street Improvements BASE BID PROPOSAL SCHEDULE EAST FAYETTEVILLE CD STREET IMPROVEMENTS LS Traffic Control $ (Numerals) f'FN / cry 'aX fdfrT / Dollars/ LS (Words) 2 35.7 sta 3 118 LF ' 520 SY 5 516 LF I 6 1468 LF ' 7 414 LF [I I Site Preparation $1CYf• (Numerals) fli r pct eD Dollars/ sta. (Words) Remove and Dispose $ Curb and Gutter (Numerals) •7,,y Dollars/ LF (Words) c I- Remove and Dispose Sidewalk $�_ (Numerals) N,y�_ Dollars/ SY (Words) Remove and Dispose Culverts $ IL'.�- (Numerals) ____ �iaP Dollars/ LF (Words) C, 18" Reinforced Concrete Pipe $ (Numerals) ,'ct.R fI / /&oO _'•• ___ Dollars/ LF (Words) 24" Reinforced Concrete Pipe $ C��`4 • (Numerals) SIB y/ 1 j -a oll r j Dollars/ LF (Words) df 8 12 EA Drop Inlet Type "A" Iwo . i{ fSH/?wf75 (Words) $ . I Cc. Numerals) Dollars/ EA $ $.9680• $ SECTION 00300 - 4 I I 9 6 EA Drop Inlet Type "B" $ ,/ (Numerals) 7uO �Nvuxurt� t!9�,}� Dollars/ EA (Words) 10 5 EA Drop Inlet Type "C" $ (Numerals) 7tr /!/�csn.4t. f./4J2rl��'�%�' Dollars/ EA ( ords) 11 4 EA Drop Inlet Type "D" $ 6L]1P (Numerals) 7r 744eiiP "k "t r> cif Dollars/ EA (Words) 112 I 113 I' 15 116 17 18 I I r� 185 LF Extended Throat to Drop $/5O. Inlets (Numerals) L,yL f tw[>i2F.D /,/tj/ - Dollars/ LF (Words)/ 5O 5918 LF Curb and Gutter $ /6•`` sic'' _ (Numerals) 2,I.X y ,cxy �C C _ Dollars/ LF (Words) 45 SY Deep Patch $ (Numerals) f;.{Y1 /V f ; PZ Dollars/ SY (Words) .33 6300 SY Paving Fabric $ /. 35 (Numerals) GNt Th'llAr j' Dollars/ SY (Words) 200 TON Leveling Course $(Numera ls) �L _ Dollars/ TON (Words) 6300 SY 1½ Asphalt Overlay $ b'• mil.; (Numerals) 21't _ Dollars/ SY (Words) 4 - 1255 SY Sidewalks _ (Numerals) ��j- YJLi vE� r Dollars/ SY I (Words) 25 SECTION 00300 - 5 19 120 I 121 122 ' 23 24 ' 25 126 127 28 L 11 EA Raise NH Cover $ ( umerals) z,C }2¼I&P fl i4 e, Dollars/ EA (Words) 5 EA Raise Water Valve Lid $ 5• $ T (Numerals) a _Dollars/ EA (Words) cO LS Guard Rail (Mountain Street) $ $_/2(()i Numerals) i.Ne /r. , rj 7µ., Dollars/ LS (Words) LS Guard Rail (Center Street) s (Numerals) [;Gc /14 ` n-) ,u�e. _Dollars/ LS (Words) �- LS Guard Rail (Rock Street) $ fr (Numerals) Ck� fML,r Zr Dollars/ LS (Words) LS Sand Blast & Paint Handrails $ -2t%/ I ,// (Numerals) £�.4E �/( ..a vT� zic �4wcD Dollars/ LS (Words) 660 SY Gravel Driveways $_c; . (Numerals) /�AR5 Dollars/ SY —7 (Words) �^ 175 SY Asphalt Driveways $__________ -� s«• t!Yf '` / (Numerals) '76'In/�rI/ /u.'(; //O Dollars/ SY f (Words) �- ry 85 SY Concrete Driveways $ $ "2O• (Numerals) /}/iftfi/ Jzc 74.1/at. Dollars/ SY (Words) rY' £ LS Seeding and Mulching $$ (Numerals) f /iF %f�.'�WA f1•&i f 'arfr Dollars/ LS (Words) SECTION 00300 - 6 I I •29 130 ill 12 I cn LS 6" Concrete Cap on Existing $ /_ O Box culvert (Intersection (Numerals) Block and South) // Cwr 7h �Wm {,n' 4{,utwt' Dollars/ LS (words) 2 2 EA Relocate Water Meters fru w '4' /,FF (Word 2 EA Relocate Gas Meters 7 {/iPEI? (Words) 30 TON Rip Rap I33 3 I I34 C (Words; EA Concrete Ditch w/;" Steel Plate Walkway $ ( ume als) _Dollars/ EA $ 3��', (Numerals) _Dollars/ EA (Numerals) Dollars/ TON ,L6:? $ J__'_`• (Numerals) ix f/Lame/-n —_Dollars/ (Words) LS Milling next to Existing Curbs T�ef/mFC vjn3tT> (Words) TOTAL BID ITEMS 1-34 1 (Numerals) Dollars/ LS cC- Enclosed herewith is a bid bond for _ � V — — I _ dollars ($_ which we agree the Owner may cash and retain as liquidated damages in I the event of our failure to enter into contract for the work covered by this Proposal, provided the contract is awarded to us within ninety (9C) days from the date fixed for the opening of bids and we fail tc execute the required bonds as called for in the Specifications within fifteen (15) days after the execution of the contract. ISEcT;CN OC300 - ./ I El I I [I I I I I I 1 [1 I I I I I I I 11. SUBCONTRACTORS The Bidder further certifies that proposals from the following subcontractors were used in the preparation of this bid; and if awarded a contract, Bidder agrees to not enter into contracts with others for these divisions of the Work without written approval from the Owner and Engineer. Subcontractor Address (Type Work) r �L JII,fiL�r�,�_ 12. PAYMENT SCf3EDULr. Subcontractors License # A/ll A detailed payment schedule for each structure or unit shall be submitted by the successful low Bidder. The successful low Bidder shall meet with the Engineer and Owner in Fayetteville, Arkansas, to review the format and details of the payment schedule. This meeting shall be held within 5 days of notification that the contractor is the low Bidder. The purpose of the meeting shall be to establish an acceptable format for the payment schedule. The construction detailed payment schedule shall be to the Engineer and Owner for review and approval. Failure of the contractor to submit the payment schedule as required may result in the Owner's rejection of the Bid or delay in processing the Contractor's request for a progress payment. 13. PERFORMANCE OF WORK BY CONTRACTOR The Bidder shall perform at least 40 percent of the work with his own forces (refer to Paragraph 22, INSTRUCTIONS TO BIDDERS. Bids from so called "Brokerage Contractors" will not be considered.) SECTION 00300 - R I ' List below the items that the Bidder will perform with his own forces, if awarded this contract, and fill in the blank showing the estimated total cost of these items. I I I I I [1 I 11 I I I LJ I I A/I '% t n /GC ,4 // _ic — — it Imo. __ - - - Estimated total cost of the above items the Bidder states that will be performed with his own forces, if awarded Contract: ae — --- -----11-`Dollars -------- --- - 14. EXPERIENCE OF BIDDER The Bidder states that he is an experienced Contractor and has completed similar projects within the last 5 years. (List similar projects, with types, names of clients, construction costs, and references with telephone numbers. Use additional sheets if necessary.) — J , ci f'I' i'_ e e [/ 1 1WJrAr/1 .3 /�� r1/f?! IY A,7"� — 15. SURETY If the Bidder is awarded a construction Contract on this Bid, the Surety who provides the Performance and payment Bond will be I-A5c AJ I •c -fy . _____ '- whose address is Street city 42 State Zip Code SECTION: 00300 - 9 r 16. INSURANCE The Bidder acknowledges that he is familiar with the insurance ' requirements on this Project and, if awarded a construction contract, agrees to furnish the required insurance certificates within fifteen (15) days of the date the award is made. I 17. BIDDER JERRY D.SWEETS INC The name of the Bidder submitting this Bid is- do_ng business at ' 390 WEST POPLAR - FAYETTEVILLE, AR 72703 -- _ _ Street City State Zip Code which is the address to which all communications concerned with this Bid and with the Contract shall be sent. The names of the principal officers of the corporation submitting this Bid, or of the partnership, or of all persons interested in this Bid as principals are as follows: 1 _. if Sole Proprietor or Partnership IN WITNESS hereto the undersigned has set his (its) hand this day of - _ ,19__ Signature of Bidder Title 1 I Li SECTION 0U Q0 - 1? I I If Corporation IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed and its seal affixed duly authorized officers this r .? dayof 1999. SAJERRY D. SWEETSER, INC _ 1 ((SEAL) — Name of Cor ratio __,._ BY_ 44— — .tle ,hr2, /si r — — - r I__ yL P Lk A 4e3 _ ,______ t;.— - -- — secretary ' 18. BASIS OF AWARD The Contract hereunder will be awarded to the Bidder with the lowest 1 Total Base Bid, after consideration of reductive Alternate(s) and approved and accepted major equipment substitutions. In case identical bids are received, the Owner will interview representatives of the competing farms which submitted the bids and select the Bidder deemed best suitable to meet the needs of the Owner. L [1 [1 I I L I ' (mil lTi V]V �I:JJ.`l• I1 1 ; • UNITED STATES FIDEL[T"':1- ANO- GUARANTY COMPANY I - -d IA StXV-6 psny) BID BOND BONDNUMBER .................................................................... F a 'KNOW ALL MEN BY THESE PRESENTS: r' Jerry Sweetser, L II nC. jTHAT........................................................................................................................................................ I................... I.......... 3 kd Fayetteville, Arkansas . ...................................I...... of .................................................................................6 ........ . .............. s Proci I and UNITED STATES FIDELITY AND ................................................................................... I I ................ .. .. ...., a Da 3JARANTY COMPANY, a Maryland corporation as Surety. are held and firmly bound urta................................................................... City of Fayetteville, Arkansas I IN ........................................................................................................................................................ I I ..... I .................. Five Percent (.) of Bid asObi gee, in the 'ull and ;Lst sum of........ I ................4 .... .... .I ......................................................................6...... I ................... ' .......................................................I.....I............I......................................................."1--.... ollars, awlu Honey o` the Jiitec States, 'Cr the payilert o' ' h ch sun, well and truly to be made. we bind ourselves, ow heirs, executors, adm'n strators, sLccessc-s and assigns. o nt y and severally, 1mly by these presents. WHEREAS, :te sad Prircipal is lerewitt subm Virg Is praposa for furnishing all labor and materials ' for the construction of the City of Fayetteville Corm3unity Development Project East Fayetteville Street Improvement, Project 1'FY932186, in accordance with plans and specifications by McClelland Consulting, inc., Engineer. THE CONDITION OF THIS OBLIGATION I• -.,! ii'! I' tEe ]tresNNid Princ casha I tr ,.n3rdeL the rn tra•t :`e a d a• n: aa' n I '.it'n the time recu red, cn!c• .rta a'crrral con'iact and give a good and sufciert bond t secure the pe-'ormance o' the tei ns and ccndit ens 01 the cortract ;hen th s obligation to be vc d; othe-rise the P- r.;, a and Surety w I pay drto the Ca'igee tie diflerence ii marey between :he amnLnl cf the bid a' tie said P• n:bal and tte arumcar wtich the Ob.igee lepa ly contracts with ara;te- party Ia perlorn tie wo'5 if tie lade' a"nL9' i in e+cess cf th, 'c• -lei. bd: v ro Pei' -hal I'at' i'v I e'eLndcr 'xceec he penal sin- iereof. Apri: 22, 1994 S'gned, sealed and del vered ..................................... :Date) terry Sweetser, Inc. ISEAL. f` Secretary President UNITED STATES FIDELITY ANC GUARANTY COMPANY , A.P. Eason, Jr. "I"Attornev-'r-fact I I.I 1': act 11 (flVj!ap I 1.741 •• N9 29935S ' UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY ' NO. 106636 KNOW ALL MEN BY TTIESE PRESEWI& That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation orgao¢ed ad existing under the laws of the Stan of Maryland and having it. pnuipel office at the City of Bahunorq in the State of Maryland does hereby constitute and appoint A.P. Eason, Jr. and Robert M. Davis oftbe Cityof Faye t t ev i 1: e , slate of Arkansas n true aced lawful Altoreey(s}us-Fart each is their sepanu 'eapaerry if more than one is named above. to sip its came as surety to, ad to execute. seal and acknowledge ay and al: boada underWo ogs contracts and other written ratrumeS. a the nature thereof on behalf of the CompeY in its business of g.analaug the fidelity of persons: pualeemg the performance of contends; and executing or guametaiag bonds and undertakings required or penned may actions a proceedings allowed by law. In Weans Whereof, the aid UNrrtD STATES FIDELITY AND CIIARAN1Y COMPANY has caused his .nnimcn: ra be sealed with its corporate sew. ' duly atlaaedbythe srgeawtes of iu Semen Via president and Asmwet Secretary, Ibis 22ndday of Jant:ary . A.D. 1993 . UNITED STATES FIDELITY AND GUARANTY COMPANY �rix+So t�Ke (Signed) By ..� ..... .. .. .. /�-eL. !� $error Vice President (Signed) By. .. ... : • - .... \...... .. .. .. 'Assistant Sec ... . Secretary STA': E OF MARYLAND) SS: ' BALTIMORE CRY ) . Onlhta22nd dyof January .A.D. 1993 . before mepenaooilycame Robert J. Lamendola senior Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Pau: D. Sims , Aaistsm Secretary of sad Company. with both of whom lam Personally acquainted. who being by me severally duty sworn. nerd that they. the said Robert J. U Lamendola sad Paul 1). Sims were respeclivab the Senior Vice President ad the Assistant Secretary of the said UN= STATES RDFJ.rIY AND GL ARANTY COMPANY. the ccrporano described is and which executed the foregoing Power of Atlomry; that they each knew Ibis! of said corporation. that the seal affixed to ad Power of Attorney was such corpante seal. that r1 was so affxsd by order of the Board of Direclors of said coiporaron, and lbw they aped their names thereto by like order as Senior Via Prasdant and Assistant Secretary. respectively of the Company. Mycomnumwaatpresthc 11th dyic .March A.1 19 955 C0:M;hL"(si al) OTARYPL"BIJC This Power of Attorney is grated under and by tuthenty of the fonowvng Resolutions adopted by the Board of Directors of the UNITE) STATES FIDELITY AND GLARANTY COMPANY on September 24, 1992 RESOLVED. that in connection with the fidelity and surety immnce business of the Company. all bonds. udertasings. contracts and other instruments 'relating to said business my be signed. execud, and acknowledged by person or entities appointed m Atlornry(i)-m-Fact pursuant to a Power of Attoney isased in accordance with than renitmmSaid Powers st of Attorney for ad on behalf of The Company may and shall be executed in The manic and on behalf of the Company. ember by the Qaszs. or List Pnmdeat, or an Execrruve Vice President or a Ses•or V.CC President, or a vice Presidew a: an Arsntul Vxe Precedent jaijajI.i web the Secretary or an Asaaaw Sacrtary. uder tberr respective demgnaon. The signature of such offtcen may be agenved, prehad or lithographed The Ignatrire of each ' of the fotegoiag ofeen and the sal of the Company may be affixed by facsimile to any Power of Attorney or to any cettifiute relating tbcrato appointing Anomey(s)-in-Faet for purposes only of executing and inciting bonds and undertakings and other writings obligatory in be aware thereat and unless subsequently nicked and subject to any liuutaons eel faith therein, any such Power of Attorney or certificate bearing such facsimile mpature or facsuniie seat shall be valid and binding upon the Company ad any such power so executed and codified by such facsimile signature and facsimile said sbail be valid and binding upon the Company ' with respect to any bond or undertaking to which it is validly anacbed RESOLVED. that Atlomey(s}io-Fact shin have the power and authaity, aka wbnpiemly revoked and, in any aihtea to N terms ad Iimuon of the Power of Attor y issued to then m execute and deliver on behalf of the Compaq and to attmb the and of the Coripsny to to any >d all bonds and. ettSSiflP ad other wnnngs obhptory in the astute thereof, and nay such iewmment executed by such Anomeyls}in-Fw1 shLl be m binding upon the Conany as if signed by ' ' Executive Officer sad sealed ad Wend to by the Sscreuiy of Iha Company I. Paul D. Sims , a Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby arts% that the forgoing is a cue uceipi from the Resolution of the aid Canpney adopted by its Board of Ibrecton on September 24.1992 and that this Resolution is in fun farce and affect 1, the undersigned Assistant Seontary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of ' Anomy tin full fame and effect and has not been mvokd. In Tesimory Wb net I have hereunto ad my hand ad the seal of STATES FIDELITY AND GUARANTY COMPANY on this day of ro ddb"" C ' .1*........... Assistant Secretary ' FS I(10.921 I ' NOTICE OF AWARD ' To: Jerry D. Sweetser. Inc. 590 West Poplar. Fayetteville AR 72703 ' PROJECT DESCRIPTION: East Fayetteville CD Street Improvements The OWNER has considered the PROPOSAL submitted by you for the above described WORK in response to its ADVERTISEMENT FOR BIDS. ' You are hereby notified that your PROPOSAL has been accepted for the 94-24 Project in the amount of $ 392.272.00. ' 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 fifteen (15) calendar days from the date of this NOTICE OF AWARD. If you fail to execute said Contract and to furnish said bonds within fifteen (15) 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 19th day of May, 1994. McClelland Consulting Engineers Inc By: Arnold Rankine Title: Project Engineer Receipt acknowledged this day of v__ , 19 By: Title: 1 I Section 00360 -1 Li I • !'f rr • L: i - '4 . r• •• i•Y . •. • .... :' '.J•;.'•�R , .• • L�r�.•y •*F �1 :'% L•.. -:_ r 1:' •. /..•. ..••J: r .�•I. ••, : .• . •..•• . _,•Y 1 f } Yi V_Y•}n ii' • '� 'r •`'•Y. 1 : `.r .•: • a •• • - .• • • •- • •1 •'. • . Ire •. • / . h • tir: •. r.M1 Y' •~' ', ' '• J' M1. • y • ,�• �• •. 'J a• .Sv ;a4. �r:f1 �..'• • ' I • .• :•Z • •f•M1 . •. • .• • ,•1 • •! • I:.- •• . •`: •.. .• `• • • . • • 4 1 7 y`. • . n• y 5•1 •• ' ••. . M. ' , •.1 . L. •. • _ .Y i . . • a I.• •. . `r . r •i •1 . 1, I• / s • • .• • •r 1 r. •�r ••• •1, •` • •. !4� Y • 1• •• rr •1 r 1 • / i I •• •• •r • • I I •• I. .e • •, •.• l d. Y•4J mm: } • r • 4 . I:_• ..M1• -. - .. .. ,M1.• • l• ,•. .. I r ;•., l •1 :..`• •• • ••1 �: 4• J • Li ,yL r�L .R'. 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'• I •r • r• • ••• o•:fr • : ••• •.•r '•• •• ' •.• .. .•1'• • . :r..M1•• L 1r • •r r • •..= •. . r L . I. S. • A ..•.-y y.a• ••: J •r' • • • Y _ • • • •l. • • •l ` { .• • l••X. J.. wr Jw•L :.4r 1 i .: .... .•.. r••, U. .f .... •• j/.r ' i'..•' ,•. •'n Tlw.l I.. 1 •. • .Ir •. -•• I I ' RESOLUTION NO_ 59-94 ' A RESOLUTION AUTHORIZING THE MAYOR AND CITY ' CLERK TO EXECUTE A CONTRACT WITH SWEETSER CONSTRUCTION 1N THE AMOUNT OF $392,272 FOR STREET, SIDEWALK, AND STORM DRAINAGE ' IMPROVEMENTS IN THE SOUTHEAST TARGET AREA, AND APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT OF $22.454. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are authorized to execute a contract with ' Sweetser Construction, in the amount of $392,272 for street, sidewalks, and storm drainage improvements in the southeast target area. A copy of the bid tabulation and contract are attached hereto and made a part hereof. & i n 2. that the City Council hereby approves a budget adjustment in the amount of $22,454.00 increasing Public Improvement Target, Acct. No. 2180 4990 5390 17 and decreasing Acquisition. Acct. No. 2180 4990 5390 18. A copy of the approved budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 17th day of May , 1994. APPROVED: By. red Hanna, Mayor ' ATTEST: 1• By: Sherry L homas, City Clerk I I I ' SECTION 00500 ' CONTRACT THIS AGREEMENT, made and entered into on the I day of ' JtlnG , 19 , by and between Jerry D. Sweetser. Inc. ' herein called the Contractor, and the City of Fayetteville, hereinafter called the Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: 1. That the Contractor shall furnish all the materials, and ' perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part t hereof, as if fully contained herein and are entitled East Fayetteville, CD Street Improvements, dated April 1, 1994 including: ' Advertisements for Bids; Addenda; Instructions to Bidders; General Conditions; Supplementary Conditions; Performance and Payment Bonds; Specifications; the Proposal and acceptance thereof; and the Drawings. Sheets 1 through 10 ' 2. That the contractor shall commence the work to be performed under this Agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder in 180 calendar days. 3. That the Owner hereby agrees to pay to the Contractor for ' the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Proposal, in lawful money of the United States, the amount of: ' Three Hundred Ninety -Two Thousand Two Hundred Seventy - Two & no/100-- Dollars ($392.272.00), based on the Total Bid Price contained herein. I I Section 00500 - 1 L I ' 4. That within 30 days of receipt of an approved payment ' request, the Owner shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in ' the General Conditions, which is to be withheld by the Owner until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 5. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material ' bills, and other costs incurred by the contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement ' shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the owner. ' 6. Liquidated Damages: Owner and contractor recognize that time is of the essence of this Agreement and the Owner will suffer financial loss if the Work is not completed ' within the times specified in above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and ' difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay ' (but not as a penalty) contractor shall pay Owner Three Hundred dollars ($300.00) for each day that expires after the time specified in paragraph 2 for completion. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this ' Agreement and the Surety Bond hereto attached for its faithful performance and payment, the owner shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to ' be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the Owner, furnish an additional ' bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the contractor shall ' be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. Section 00500 - 2 r L 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement I on the day and date first above written, in Six L6j_ counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. C 'WITNESSES: I ' ATTEST: Jerry D. Sweetser. Inc. Contractor By Title city of Fayetteville Owner ' By 4i li' 'YYbr . ' secretar Mayor ' Title Approved as to form: Attorney for Owner I I E H Section 00500 - 3 I C lFiarTTrnty ,>G XMBUHnMMO CSR M 06/02/94 'r*I$ IEII THIS CER] R IRlIF 19 I Eason & Caupany, Inc. I CONFERS NO RIGHTS IPO THE CERTIFICATE HOLDER. THIS CERTIFICATE I I 1 DIES MOT M:ID, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 100 West Center Suite 201 1 POLICIES BELOW. I 'Fayetteville, 172702-4217 I CUM RNIEU AFFURDIMG COVERAGE I RAMS 501-321-2233 I I — I IN6IRED I COPY LETTER A Bituminous Insurance Co. I 11 I COMPANY LETTER B •__-- -- I I Terryy Sweetser, Inc. { -k 590 W. Poplar I COMPNY LETTER C I ' I Fayetteville AR I - — I 172703 I COPANY LETTER D I DM4NY LETTER E -- I 'I THIS IS TO CERTIFY THAT POLICIES I} IN51MtlM[f LISTED BELOW HAVE BEEN ISSUED 10 TIt INSURED NAMED ABOVE FOR 1HE POLICY I PERIOD INDICATED. NOTWITHSTpDIt ANY AEBIIINE"HD"T TERM OR CONDITION OF ANY CONTRACT OR OTHER OMINENT WITH RESPECT TO 1 I WHICH THIS CERTIFICATE NAY BE 1SSED OR NAY PERM THE INEINidCE AFFORDED BY TIE POLICIES IESCRIBED HEREIN IS SI.JECT Ti: 1 I ALL TEND, EXCLEISI iG, AND CONDITIONS OF WI PRIG ES. LIMITS 9011 MAY HAVE BED! REMICED BY PAID CLAIM.I I I COI ILTRI I- I TYPE OF INSTANCE I I ---I PRICY NUMBER I POLICY EFF I DATE I -I I POLICY EXP I LIMITS I DATE I I 1 I I I li'EI&RAL- LIABILITY I I I IteEM. AB6AEGRTE I 12,888,80 I I I I I --- I 'III I Al tXi CON ERLIAL GEN LIABILITY I (LP2131174 1 10/30/93 1 10/316/941WAD-wD/OD A66. I I II I I I I] CLAIMS MADE DI I OCC. I I I I I- I IPERS. 1 ADV. INJ(IRYI1,000,0(I0 I --I II I I I I I -1 AIIXI UAEWS i CONTWOR'S II I IEACH OCMIA M1 I11,000,a" 'I I I PROTECTIVE I I I I-- -I I II I I I IFIRE DAIMDE I I I 1 t] 1 1 I I (AMY ONE FIRE} 50, 000 I I I I-- I 'III 1 IL] I I I INFO. EXPENSE I I A I 1 I I I I ---1- I I (ANY OE PERIO) I 5,000 I I --I II AUTOMOBILE LIAS I I I ICOIN. SINGLE LIMIT 11000000 I I-- I II I AIIXI I AMY AUTO I CAPIS132441 I I Id/30/93I I I 10/30/941&DILY INJURY I I I It 1 ALL ORED AUTOS I I I IWPER POISON) I I It] SI)EDLED OITOS I I I I --I -----I It 1 HIRED OITOS I I I IBODILY INJURY I I 'I I II] NO(-g6ED A JTO6 I I I I (PER ACCI DEMO) I I I It ] BARA6E LIABILITY I I I 1--I------I I IL] I I I ----------I I --I-- I IPRAPLRIY DOAW I I I I I 'I I EXCESS LIABILITY II I Iwo Ofi1flW ea00000 I I AI CIO LISIELLA Ft I CLV17B6039 110/30/93 110/30/941 I I t it ] OTTER THAN UMBRELLA FOM I I I IABB* ATE 20(60(060 I I —I— --.-l--- ------I I I -- I - ' t I I I I XISTATUTORY LINIISI I I AlAI WORKERS+ CLJMV I WC122292 110/30/93110/39/94IEACH ACCIIIENT 11000000 I I I AID I I I IDISE0.5E-PR. LIMA 6-000000 I I I EPS&LOYERS' LIAS I I I IDISEASE-€ACH END. 11000000 I 'II- -I I I -1 I I I I11HtR I I I I I I Al Inland Marine I CLP2131175 110/30/93110/30/9411324149 Limit I I I I I I I I 'I DESCRIPTION IF (PEARTILI5/LOCATIDIL5/VE711CLES/SPECIAL ITEMS UI:P bituminous 6/6/94-6/6/93 i I 4500,000 per person -11 (00,000 General Aggregate Additional insured are I I City of Fayetteville, kcgeblaWd Er3q,t Officers, Agents and Employees 1 113 ii. Mountain 0x '� I F ttevil; AR 72701 Fayetteville AR 72702 I) CE'��I KATE NRDfR i-'----- -) MMEU-AT161 (--------- _— ----- ----1 I SOLD AMY O THE ABOVE DESCRIBED POLICIES BE CANCELLED BEE DIE THE EX - I = PiAATI01 DATE THEREOF THE 1SSIING COPNIY WILLE]DEAVOR TO NAIL 30 I I = DAYS WRITTEN NOTICE Tb THE CERTIFICATE IOEER NAMED TO 1HE LEFT IT 'I FAILIRE TO NAIL SICK NOTICE 9RLL ]MDSE NO OBLIGATION OR LIABILITY OF I I City Of Fayetettevi l le _ ANY KIND UPON 1HE COPANY, ITS AGENTS OR IEPAEGENTA7IVES 1113 W. Mountain I I 'ayettevil le AR = / AUTHORIZED REP WIlA111A: 17tc/— _x'_ 1 . ACORJO 825-S 17/98) Robert Michael Davis I 2 `-� ` I L r -'-..--_ ..t.." �� .n:-! R4 T--�.. T. .1!—::—�. 1... :ice„'.. .. .... _.q �h :6e _.s6 _�' . ...:w . _..__x__2_ -0 .V UNITED STATES FIDELI UARANTY COMPANY I.' A rwr/ (A Stock C:npany) ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND ' We ,Jerry..D... Sweetser, Inc. ................ ........ . 'i; as Principal• hereiralter called Prrcipa. and UN —_D STATES =IDELITv AND GUARANTY COMPANY a t coroporaten organized and existirg under the laws cf the State of Maryland and axlhcrized to Co business in the Stage o` Arkansas as Surely nereinaf er cal•ed Suety. are held and f•rrrly bound unto ............ the C.t. o_` Fayettevrlie ......... ...... .. . , •H �e :lurdred \inet tyri as Obligee, hereinaNer called Owner, in the amours of. :. ....... ........................ Thousand, '11ao ilundred Seventy--'I4.o and no/100's oars;r.,.oepaymentwereor•ncipa and Surety bind themselves, their Heirs, personal representatives, successors arc assigrs. jointly a s r I y. f•r-nly by These presents. 1 i; Principal has by written agreement cated ......:June ��`� nte•ed i t contract with Owner for furnishing all labor and materials for -tlie- a nstrucetion oro c City of Fayetteville Connun ty Develcprlent Project East Fayetteville ' i, Street It>prove:wnt, Project PY932186, :n accordance with plans and specifications by McC_elland Consulting, Inc., Engineer ..-. which contract is by reference made a Dart he•eo' and is ' Hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION s such that if the P-irc pal shall faithful y perform the Cortrac'. on hs part and shall ful y ireem-iify and save harmless the Owrer'-om all cos: and damage wnich he may 'of failure so to do and shal fu ly •eimbu•se and repay the Owrer a I outlay and expense whch the Owrer may incur n making good any such default. and fu'ther. that ithe Pr'ncipa sha I pay all persons all irdebtedress for 'abor or aterials turrished cr performed under said Cont act, fail ng which Sl Ch persons shall have a drecl r ght cf acton aga nst tie Principal and Suety. jo rlly and severally under th s ' obligation. subject Io the Owners priorly :hen tb s oblation shall be null and void; otherwise it shall remain in'ull force and effect. I r No suit, actior cr proceeding shall be brcug': on th s bond outside the Slate of Arkarsas. No suit. action ji or proceeding sha I be brought on th s bend except by the Owner un ess it •s brought in accordance with ta j A.C A. Sectior 22-9-403 (b) and A.C.A. Sect on 18-4t-503 (b) iSupp. 1987; as amended. No suit, aclior or • proceedirg sha I be brought by the Owner after two years f•o-n the date on wh cn firal payment under the 3• t it Contract falls due i Any alterations wh ch may be rade in tie terms of the Contract or in the work to be done under t, or Ni the giving by the Owner of any extension cl time for tie performance o' the Corlract or any other forDerance ' on the part of either the Owner or :he Principal to the other shal not r any way release the Principal and the Surety or Sureties, or either or any of ther-. their heirs, persona representatives. successors or assigns from their liability 'ereurder. notice tc the Surety or Su -et es of any sLc' alteration, extens on D• forbearance h being hereby waived. Ii • In no even: shall the ag ate kabi ity of the Su exceed the sum set out herein Executed on this .......... day o'. . .. e ... .. ... 19 -. .. 94 yi Jerry S tsar I . ) .&/4!)C. - Principal t By ............................ �)I E ED STATES PANY :11 ' - Surety a� rT.. • , l � Attorney -in -fact . Con•racr 158 (Arkansas) (It 99) N 299325 UNITED STATES FIDELITY AND GUARANTY COMPANY KNOW ALL MEN BY THESE PRESENTS: That UNI1W STATES FIDELITY AND GUARANTY COMPANY. a corporation organized and em sung under the laws of The State of Mary'aod and having its principal office as The Cky of Baltimore. tub. Sale of Maryland. does hereby cosRituic and appoint A.P. Eason, Jr. and Robert N. Davis of the Cry of Fayetteville , State of Arkansas its true and Lawful Attortteyls).n-Fact, each in their separate 'capaciy if more Thu onr an aimed above. to sign its same as surety to, and to execute, seal and acknowledge any sad all bonds, undeN►ings, contracts and other written iminamenu to the stung thereof oe behalf of the Company in its business of guamnteeng the fidelity of penoos. guaranteeing the performance of contracts: and executing or guaranteeing bonds and uadertakiags moved or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this in lmnment to he sealed with it$ corporate seal. ' dory atleaad by the srganmns of its Senor Vice President and Assistant Secretary, This 22nd day of January , A.D. 1993 yat0 LTRTED STATES FIDELITY AND GUARANTY COMPANY r 'a 1pg � ISigeed) By.. V' 4'T✓!�� Senor V iu Prosidenl (Signed) By -. .. !.�^�.... ....... ....... .. .. ....... 'Aaslslam Secretary STATE OF MARY'.AND) SS: BALTIMORE CITY ' oathis22nd dayof January ,A.a1993 .beforemepenoacame Robert J. Lamendola Senior Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY sad Paul B. Sims Assistant Secretary of said Company. with both of whom I am pemoaally acquainted, who being by me severally duty awom, sand that They. the said Robert .1. ' Lamendo_ a and Pau. D. Sims wen respectivey the Senior Vice President and the Assistant Secretary of the said LTTBD STATES FIDELITY AND fit ARANTY COMPANY, the cosporauon described in and which executed the foregoing Power of Attorney: that they each knew the seal of said corporation. that the seal affixed to said Power of Attorney was Rich militarist seal. that m was so affixed by order of the Board of Directors of said corporation. and that they signed (heir names thereto by like order an Snow Via Prcrdan cod Assistant Secretary. respectively, of the Company. ' MyConunSonexpwthe 11th dayn March A.D.19 95. f. (Signed, .. rw�+ NOTARY PUBLIC ' Thu Power of Attorney is granted under and by aubanty of the following Resolution, adopted by the Bond of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on September 24, 1992: RESOLVED. that in connection with the fidelity and aunty insurance business of The Company, all hoods. undertakings, contracts and other insieuments ' misting to and buuneu may be signed. necned and acknowledged by person or entities appointed an Anomey(a)-tn-Fad pmmaot to a Power of Attorney issued in accordance with Than reRilmosa Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the time and oe behalf of the Company, either by the Chnrmaq or the Pnudeat, or an Executive Vice President. or a Senior Vice President. or a Vice President or an Assistant Vice Praiden.jointly with the Secretary or an Assistant Secretary, under their respective deargnuwas. The signature of such officers may be engraved, printed orLithographed The signature of each ' of the foregoing officers and the seal of the Company may be affected by facsinue to any Power of Mousey or to any cenific.ate relating thereto appouiog Avorney(s)-in.Fact for purposes only ofexecuung and attesting bonds and undertakings and other writings obligatory in The matinee thereof, and, unless subsequenty revoked and subject to any hTmtatwns tit forth Iberem, any such Power of Amomey or cetufieaee hearing such facsimile signature or facumtk seal shall he valid and binding upon the Company and any such power so executed and certified by sucb facsimile signature and facsimile sea: halbe valid and binding upon the Company ' with respect la any bond or undenaTdog to which ills validly attached RESOLVED. that Amrney(s)-ni-Fu: shag have The power and authority, unless subsequently waked and, in soy cane subject to the man and limitations of the Power of Attorney issued to theme to execine and deliver on behalf of the Company and to attach the seal of the Company to any sad all bonds sad under akingk sad other wnuogs obligatory in the name thereof. and any Rich instrument executed by such Atlarney(s)-in.Fact shall be an binding upon The Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the runty. IL Paul D. Sims , an Assistant Secretaryof the UNITED STATES FIDFLrIY AND GUARANTY COMPANY, do hereby certify that the foregoing is a uue exceryi from the Resolution of the said Company as adopted by its Board of Dincton on September 21. 1992 and that this Resolution ran full force and effect. I. The undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the (ongoing Power cf ' Attorney urn full force and effect aid has ant been evoked. /x 1. Tesbnwvy Whereof. Ilsv� sisssaW set my bred and the seal of lT'ESTATES FTDEIITY AND GUARANTY COMPANY an this/ ' day of—i.e%.�.-4. .19'f*. o1'Q\J I !� .. .. .. .. . ....... .. . ......... 11gg Assuan Secretary ' FS T T 10.927 I I I I I I I I I I I I 1 NOTICE TO PROCEED To: Jerry D. Sweetser, Inc. 590 West Pop'er Date:June 8, 1994 Project:Fast Fayetteville Fayetteville, Ar 72703 CD Street Project You are hereby notified to commence WORK in accordance with the Contract dated June 7, 1994, on or before Z 3 �— June,I9jq, and you are to complete the WORK by /4 LOe ._ �i eelwlc., d ,i.Jd/l�'f 6.,y Jenv u. bWtL9r Tnc. By: ��i j,,/Z Title: 4rz ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day c£ June 1 Title I I Section 00550 - I J COUN:Y(ies): STAT::W: 7F. SUAR2001A lli; -o - •I.n Rrltes Irir.cc' 1381 CKJAYERE 7 . 20 CARPENTERS -/ CONCRETE FINISHFIbf; i.20 ELI, C'1'RICIAN., F. he Asphalt heater cj. :.it t) 5. 15 Asphalt raker:-, `-.85 Chain saw oeprator; b. :5 Checker crack >r:, 4 t) Cun'-I_ete ]`/I1; ..I •.:I , • ,•.`1 ,Concrete' :,.IM oj4'..:1.). : I' UI-7.1 met rel .' i -'• J'aborert: :.4 `. Iipelayers I'owdermen r. • 4 0 V i bratornnen `.. lb PAINTERS F I =�: DRIVER :.EADMI-IN c . d.0 POWER F.QUjPYE''N'P OYERI:TOI2S: Acoregate Spreader :-operators '•.f30 A,phait plant firer,l'n 4.85 Asphalt piaantdrivel : jwrat4':-!, 4 . It`: Batch plant cperator: `1-r.C Y:I I1dozer Cperatci :.: Finish ' • '�% Bergh I3u11 Float operator• --,•Lb Concrete c'r.nc rnachir.e °per.atrra `,.c,5 Concrete mixex Upl it. than J �•a=lf;' -`) sacks aI.d over f•- "C) Freckhce Opt^. a'or LuI : t (: yard o: 1e:=s) '_ ir.:.:rlta• '3 t1 aj • .:; I ] - . • I •: i j 1 aj t`I .11 . .. n :. .. I truck) 5.65 Elevating Grader operators 6.70 F:cclid or like equipment operator (Bottom or end Finish i nq M.acal ne Operators 6. 10 _ Angel :, 4 _ 2:: r()rr:l i f I o1-,erat:or : ( ' F:111.' y:act•:- opelato::. t,.::` 1': (>nt (•rd ] oadel operdt or!; Flni:,:l ('. ;U : ' r, houga 'ij � ��1 `I Iia 1 /,}]a'T Gt t%1 ; l.::l .lam. 1 Fall .1 • 1:1 t ••I,. d,t I • is(11111' : -t.'. X,/7'Iii rq ,:.a(91ine operatoI ('1 1.x and •:;reaer" 1'] r• drlvcr operator: ' I' 1 1 : rte::::. .)p( rat o1 : ] ' 1 ., .-!l..- t.rb l .,:e1 Ci)e_'Iat Or:;: ::]1 s2; rll Laugh . (>', Sed s] 1 c1l:y machine operator:; •; . q I, Statli;izcl nixing nachi_ne ;vT a r,:t Gl Tractor c::erators (crawler iL )C) ] 1 cctor tl}:e3 ator5 ( _arm and :;heel ; ` 1 Praetor f•pt•1-atol .:-wheel type (w 1t: 1'. dtt (;l';1. cr undo ) Trench i Il r: Mal -h i i' operat ors ' • .'. T::.Lt\ I)PTVV1 C: h:: t ri L•alt:: t ruck dr1L•cr ; 1i: if .1� Lt•+IIOL' U 1L'eT s •' ` ')]"an51i :lx tI-U(.k CI": L'(>I •4`I rack 1!I ivf•::. ',]C \t\'_ -ax 1'..a.,. } .?'1 i c' d : 11 a.l 'I• lip �1.. \ .• . M• I I • • ' ••. ••• ni ' •I: A • J• •M1 fl. • • fn \}AA}•J•J_ 1.. • i r . •' .u.._ •1 I. l •.l..Y• •i'.M1 •�• ' •• .. .• . •• •.-w { f- �{•r.`r• °r, • S . . •° I•.. . • •• • J/• FVI. • • •w x .. -II I. • • r • .1. • • - .Y Y�S•J•• ••J7• I. W1 .i. _ •' . • . ..• i I. •.• .f • •• .• 1 .. y••' .�• . •y• .. .. .• t M1 \ 1. _ •• .. ... f. • .. r YA. R • I • • Y. • -, a. •L •• 14 • •• .• •• r Y • hL • \.� •rA• • 1 N n • I.• • Y'` Y • • • : • - / • • ,• •. I. N• ONs••• •• r' . 1 •• �• •y••r• • y .'� • \ 1• . f. . •. • •. • • • i •Y •I I•• •• .• ./ • M1 J f • •. .•� ' •ce .. .•. •r • \•.•.. • I. • • .• • •.. .y • 1' i • • • • • • • .i : f :.� • ............................... .-• • • • .RIB _• • `. _ •r _ •••r •i •. F •• '. • .. ... L •, : Y •� .••, • •• M1 •,r• • r{ •• • .� •• • .1.• • •. F•- f •r . •i nr ' •i • f• . ! • ... • / 1 •• •1. .• f .t. !• • • . . ••• y .. Y • •.•. i .•. .. .. . LCf .••• q• • _ ' l. • I l• s :. Yf.. �• .a • . • •• •.i• /• •. •• . ••• . • I • S. •, i• •I �• ..•• _ ••• • •• • •. 1 +.• • r • i • • • -•.. 1 • •• - • •.S l 1 • •• • • • . ., • . r . 2 .. .f • •r • L .• • •. • - • J • .7 • • . • . •.• •. a-•� S• r•Y'..• •• •• - r y• • _• .S , N •..• • •.•i I. • ••I .• DOCUMENT 00700 GENERAL CONDITIONS DEFINITIONS PAGE Ii. AS APPROVED . . . . . . . . . . . . . . . . . . . . 1 2. AS SHOWN, AND AS INDICATED . . . . . . . . . . . . . 1 3. BIDDER 1 ' 4. CONTRACT 1 5. CONTRACT DOCUMENTS 1 6. CONTRACTOR 2 ' 7. DAYS _ 2 8. DRAWINGS 2 9. ENGINEER 2 10. NOTICE . . . 2 ' 11. OR EQUAL . . . . . . . 2 12. OWNER . . . . . . . . a a a a a a a a a a a a a a a 3 13. PLANS (See Drawings) 3 ' 14. SPECIFICATIONS . . . . . . . . . . . . . . . . . . . 3 15. NOTICE TO PROCEED . . . . . . . . . . a a . . . a. 3 16. SUBSTANTIAL COMPLE;ICN a. a. a... . . . . . . . 3 17. WORK . . . . . . . . . . . . . . . . . . . . . . . . 3 ' CONTRACT DOCUMENTS ' 18. INTENT OF CONTRACT DOCUMENTS a a a a a a a a a a a a 4 19. DISCREPANCIES AND OMISSIONS 4 20. ALTERATIONS - CHANGES IN WORK . a. . . . . . a. . 4 ' 21. VERIFICATION OF CONTRACT DOCUMENTS . . . . . . . . : 5 22. DOCUMENTS TO BE KEPT ON THE JOBSITE . . . . . . 5 23. ADDITIONAL CONTRACT DOCUMENTS a a a a a a a a a a a 5 24. OWNERSHIP OF DRAWINGS a ass a a.. a a a a a a a 5 ' THE ENGINEER ' 25. AUTHORITY OF THE ENGINEER 6 26. DUTIES AND RESPONSIBILITIES OF THE ENGINEER . . . . 6 27. REJECTED MATERIAL 7 28. UNNOTICED DEFECTS 7 ' 29. RIGHT TO RETAIN IMPERFECT WORK . . . . . . . . . . . 7 3 0 . LINES AN❑ GRADES . . . . . . . . . . . . . 8 31. SHOP DRAWING SUBMITTAL PROCEDURE . . . . . . . . . . 8 ' 32. ADDITIONAL DETAIL DRAWINGS AND INSTRUCTIONS . . . . 9 THE CONTRACTOR AND HIS EMPLOYEES 33. INDEPENDENT CONTRACTOR 9 34. SUBCONTRACTING . . . 9 35. '_NSURANCE AND L1ABI1.==Y 10 ' 36. INDEMNITY . . . . . . . . . . . . . . . : . 13 37. TAXES AND CHARGES . . . . . . . . . . . . 14 38. ORDINANCES, PERMITS, AND LICENSES . . . . . . . . . 14 ' 39 SUPERINTENDENCE. . . . . . . . . . . . . . . . . . . .14 ' Section 00700 - i THE CONTRACTOR AND HIS EMPLOYEES (Cont.) PAGE ' 40. RECEPTION OF ENGINEER'S DIRECTIONS . . . . . . . . . 15 41. SANITATION . . . . . . . . . . . . . . . . . . . . . 15 42. EMPLOYEES . . a . . . . . . . . . . . . . . . . . . 15 43. PROJECT MEETINGS . . . . . . . . . . a . . . . . . . 15 ' 44. SAFETY . . . . . . . . . . . . . . a . . . . . . . . 15 45. CONTRACTOR'S TOOLS AND EQUIPMENT . . . . . . . . . . 16 46. PROTECTION OF WORK AND PROPERTY . . . . . . . . . . 16 ' 47. RESPONSIBILITY OF CONTRACTOR TO ACT IN EMERGENCY . 17 48. MATERIALS AND APPLIANCES a.......... . 17 49. CONTRACTORS' AND MANUFACTURERS' COMPLIANCE WITH STATE ' SAFETY, OSHA, AND OTHER CODE REQUIREMENTS . . . . 18 50. SUBSTITUTION OF MATERIALS . . . . . . a . . . . . . 18 51. TESTS, SAMPLES, AND INSPECTIONS . . . . . . . . . . 18 52. ROYALTIES AND PATENTS . . . 19 ' 53. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT 19 54. CORRECTION OF DEFECTIVE WORK FOUND DURING WARRANTY PERIOD . . . . a . . . . . . . . . . . . . . . . 19 PROGRESS OF THE WORK 55. BEGINNING OF THE WORK 20 56. SCHEDULES AND PROGRESS REPORTS 20 57. PROSECUTION OF THE WORK . . . . . . a a . . . . 21 58. ASSIGNMENT . . . . . . . . . . . . . . . . . . . . . 22 ' 59. OWNER'S RIGHT TO DO WORK . a. . . . . . . . . . . .22 60. OWNER'S RIGHT TO TRANSFER EMPLOYMENT . . . . . . . 22 61. DELAYS AND EXTENSION OF TIME 23 ' 62. LIQUIDATED DAMAGES 24 63. OTHER CONTRACTS . 25 64. USE OF PREMISES 25 65. SUBSTANTIAL COMPLETION DATE 25 66. PERFORMANCE TESTING . . a a a a a a a a a a a a a a 26 67. OWNER'S USE OF PORTIONS OF THE WORK . . . . . . . . 26 68. CUTTING AND PATCHING a a a a a a a a a a a a a a a a 26 ' 69. CLEANING UP . . a a a a a a a a a a a a a a . . . . 26 PAYMENT ' 70. PAYMENT FOR CHANGE ORDERS . . . . . . . . . . . . . 27 71. PARTIAL PAYMENTS . . . . . . . . . . . . . . . . . . 29 72. CLAIMS . . . . . . ' 73. NOTICE OF CLAIM FOR 74. RELEASE OF LIENS OR 75. FINAL PAYMENT . . ' 76. NO WAIVER OF RIGHTS 77. ACCEPTANCE OF FINAL. H . . . . . . . . . . . . . 32 DELAY . . . . . . . . . . . . 32 CLAIMS a a a a a a a a a a a a 33 33 . . . . . . . . 33 PAYMENT CONSTITUTES RELEASE . . 34 tSection 00700 - ii DOCUMENT 00700 ' GENERAL CONDITIONS These General Conditions contain contractual -legal Articles that establish the requirements and conditions governing responsibility, policy, and procedures that apply during the construction and warranty period. This part of the Contract Documents is ' preprinted. Any modifications to the following Articles that are special to the Project under consideration will be made in the Supplementary Conditions. Requirements and conditions that have special significance to the Contract for the contemplated Work on ' this Project are as set forth in the remaining Sections of these Contract Documents. ' DEFINITIONS Wherever in the Contract Documents the following terms are used, ' the intent and meaning shall be interpreted as follows: 1. AS APPROVED The words "as approved", unless otherwise qualified, shall be understood to be followed by the words "by the Engineer". 2. AS SHOWN, AND AS INDICATED The words "as shown" and "as indicated" shall be ' understood to be followed by the words "on the Drawings". 3. BIDDER The person or persons, partnership, firm, or corporation submitting a Bid for the Work contemplated. 4. CONTRACT The "Contract" is the written agreement covering the ' performance of the Work and the furnishing of labor, materials, incidental services, tools, and equipment in the construction of the Work. It includes supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in a substantial and acceptable manner. Supplemental ' agreements are written agreements covering alterations, amendments, or extensions to the Contract and include Contract Change Orders. I 5. CONTRACT DOCUMENTS The "Contract Documents" consist of the Bidding Requirements, Contract forms, Conditions of the Contract, the Specifications, and the ❑rawings, including all modifications thereof incorporated into the Document= Section 00700 - i 7 L I before their execution, and including all other requirements incorporated by specific reference thereto. These form the Contract. CONTRACTOR The person or persons, partnership, firm, or corporation ' who enters into the Contract awarded him by the Owner. I I I I I I I I I I I L FBI DAYS Unless otherwise specifically stated, the term "days" will be understood to mean calendar days. DRAWINGS The term "Drawings" refers to the official Drawings, profiles, cross sections, elevations, details, and other working drawings and supplementary drawings, or reproductions thereof, sealed by the Engineer, which show the location, character, dimensions, and details of the Work to be performed. Drawings may either be bound in the same book as the Project Manual or bound separately and are a part of the Contract Documents, regardless of the method of binding. 9. ENGINEER The person or organization identified as such in the Contract. The term "Engineer" means the Engineer or his authorized representative. 10. NOTICE The term "notice" or the requirement to notify, as used in the Contract Documents or applicable state or federal statutes, shall signify a written communication delivered in person or by certified or registered mail to the individual, or to a member of the firm, or to an officer of the corporation for whom it is intended. Certified or registered mail shall be addressed to the last business address known to him who gives the notice. 11. OR EQUAL The term "or equal" shall be understood to indicate that the "equal" product is the same or better than the product named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the Project design requirements will be made by the Engineer. Such "equal" products shall not be purchased or installed by the Contractor without the Engineer's written approval. L Section 00700 - 2 U I I I I I I 1J I [1 I I I I 12. OWNER The person, organization, such in the Contract. 13. PLANS (See Drawings) 14. SPECIFICATIONS or public body identified as Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. Where standard specifications, such as those of ASTM, AASHTO, etc., have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents. 15. NOTICE TO PROCEED A written notice given by the Owner to the Contractor (with a copy to the Engineer) fixing the date on which the Contract time will commence to run and on which the Contractor shall start to perform his obligation under the Contract. The Notice to Proceed shall be given within 30 days following execution of the Contract by the Owner. 16. SUBSTANTIAL COMPLETION "Substantial completion" shall be that degree of completion of the Project, or a defined portion of the Project, sufficient to provide the Owner, at his discretion, the full-time use of the Project or defined portion of the Project for the purposes for which it was intended. Such substantial completion shall not relieve Contractor from liquidated damages should the Owner have added costs after the completion date, i.e., if additional construction observation, interest paid, loss of revenue, or other expenses continue to be charged to the Owner. ' 17. WORK The word "Work" within these Contract Documents shall ' include all material, labor, and tools; all appliances, machinery, transportation, and appurtenances necessary to perform and complete the Contract; and such additional •' items not specifically indicated or described which can be reasonably inferred as belonging to the item described or indicated and as required by good practice to provide a ' complete and satisfactory system, or structure. As used herein, "provide" shall be understood to mean "provide complete in place", that is, "furnish and install". Section 00700 - 3 I I I I I I I CONTRACT DOCUMENTS 18. INTENT OF CONTRACT DOCUMENTS The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Documents is to include all Work (except specific items to be furnished by the Owner) necessary for completion of the Contract. Materials or Work described in words which so applied have a well known technical and trade meaning shall be held to refer to such recognized standards. 19. DISCREPANCIES AND OMISSIONS Any discrepancies or omissions found in the Contract Documents shall be reported to the Engineer immediately. The Engineer will clarify discrepancies or omissions, in writing, within a reasonable time. In resolving inconsistencies among two or more Sections of the Contract Documents, precedence shall be given in the following order: ' CONTRACT SUPPLEMENTARY CONDITIONS SPECIFICATIONS INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS DRAWINGS ' Figure dimensions on Drawings shall take precedence over scale dimensions. Detailed Drawings shall take precedence ' over general Drawings. It is understood and agreed that the Work shall be performed and completed according to the true spirit, meaning, and intent of these Documents. ' 20. ALTERATIONS - CHANGES IN WORK The Owner, without notice to the Sureties and without ' invalidating the Contract, may order changes in the Work within the general scope of the Contract by altering, adding to, or deducting from the Work, the Contract being adjusted accordingly. All such Work shall be executed under the conditions of the original Contract, except as specifically adjusted at the time of ordering such change. in giving instructions, the Engineer may order minor changes in the Work not involving extra cost and not inconsistent with the purposes of the Project, but otherwise, except in an emergency endangering life or property, additions or deductions from the Work shal] be performed only in pursuance of an approved Change Order ' from the Owner, signed cr countersigned by the Engineer, or a Change Order from the Engineer stating that the Owner has authorized the deduction, addition, or change, and no Section 00700 - 4 U claim for additional payment shall be valid unless so ordered. ' If the Work is reduced by alterations, such action shall not constitute a claim for damages based on loss of anticipated profits. ' 21. VERIFICATION OF CONTRACT DOCUMENTS ' The Contractor shall thoroughly examine and become familiar with all of the various parts of these Contract Documents and determine the nature and location of the Work, the general and local conditions and all other ' matters which can in any way affect the Work under this Contract. Failure to make an examination necessary for this determination shall not release the Contractor from ' the obligations of this Contract. The Contractor warrants that no verbal agreement or conversation with any officer, agent, or employee of the Owner or with the Engineer either before or after the execution of this Contract, has ' affected or modified any of the terms or obligations herein contained. U 22. DOCUMENTS TO BE KEPT ON THE JOBSITE The Contractor shall keep one copy of the Contract ' Documents on the jobsite, in good order, available to the Engineer and to his representatives. The Contractor shall maintain on a daily basis at the ' jobsite, and make available to the Engineer on request, one current record set of the Drawings which have been accurately marked up to indicate all modifications in the ' completed Work that differ from the design information shown on the Drawings. Upon substantial completion of the Work, the Contractor shall give the Engineer one complete ' set of marked up record Drawings. 23. ADDITIONAL CONTRACT DOCUMENTS ' The Engineer will furnish to the Contractor on request and free of charge, three copies of the Project Manual and three sets of full-size Drawings. Additional copies of ' the Project Manual and the Drawings may be obtained on request by paying the price as shown in the Invitation to Bid for the Contract Documents. 24. OWNERSHIP OF DRAWINGS All Drawings, Plans, Specifications, and copies thereof ' furnished by the Engineer and the owner are their property. They are not to be used on other work and, with the exception of the signed Contract set, are to be returned to them on request at the completion of the Work. Any reuse of these materials without specific written verification or adaptation by the Engineer and the Owner Section 30700 - 5 I I H I I I I I I Li The Engineer will make decisions, in writing, on all ' claims of the Owner or the Contractor arising from interpretation or execution of the Contract Documents. Such decision shall be necessary before the Contractor can • receive additional money under the terms of the Contract. • Changes in Work ordered by the Engineer will be made in compliance with Article 20, ALTERATIONS - CHANGES IN WORit. ' One or more construction observers may be assigned to observe the Work for compliance with the Contract Section 007CC - 6 will be at the risk of the user and without liability or legal expense to the Engineer and the Owner. Such user shall hold the Engineer and the Owner harmless from any and all damages, including reasonable attorneys' fees, from any and all claims arising from any such reuse. Any such verification and adaptation by the Engineer and the Owner will entitle the Engineer to further compensation at rates to be agreed upon by the user and the Engineer and the Owner. All models are the property of the Owner. THE ENGINEER 25. AUTHORITY OF THE ENGINEER The Engineer shall be the Owner's representative during the construction period. His authority and responsibility shall be limited to the provisions set forth in these Contract Documents. The Engineer shall have the authority to reject Work and material which does not conform to the Contract Documents. However, neither the Engineer's authority to act under this provision, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Engineer to the Contractor, any Subcontractor, their respective Sureties, any of their agents or employees, or any other person performing any of the Work. 26. DUTIES AND RESPONSIBILITIES OF THE ENGINEER The Engineer will make periodic visits to the site of the Project to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. Fie shall not be required to make comprehensive or continuous inspections to check quality or quantity of the Work, and he shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. Visits and observations made by the Engineer shall not relieve the Contractor of his obligation to conduct comprehensive inspections of the Work and to furnish materials and perform acceptable Work, and to provide adequate safety precautions, in conformance with the intent of the Contract. I I I I I I I I Documents and to act in matters cf construction under this Contract, it is understood that such Construction observers shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. The Contractor shall furnish all reasonable assistance required by the Engineer or construction observer for proper review of the Work. Construction observers shall not have the power or authority to delete, increase, modify or otherwise change the requirements of the Contract Documents. The abcve-mentioned observation shall not relieve the Contractor of his obligations to conduct comprehensive inspections of the Work and to furnish materials and perform: acceptable Work and to provide adequate safety precaut:ons, in conformance with the intent of the Contract. 27. REJECTED MATERIAL Any material condemned or rejected by the Engineer or his authorized construction observer because of nonconformity with the Contract Documents shall be removed at once from the vicinity of the Work by the Contractor at his own expense, and the sane shall not be used on the Work. 1 28. CNNOTICED DEFECTS I I I LI I I I n Any defective Work or material that may be discovered by the Engineer before the final acceptance of Work, or before final payment has been made, or during the guarantee period, shall be removed and replaced by Work and materials which shall conform to the previsions of the Contract Documents. Failure on the part of the Engineer to condemn or reject bad or inferior Work or materials shall not be construed to imply acceptance of such work or materials. The Owner shall reserve and retain all of its rights and renedies at law against the Contractor and its surety for correction of any and all latent defects discovered after the guarantee period. 29. R:GHT TC RETAIN ;MFERFECT WORK If any part or portion of the Work done or material furnished under this Contract shall prove defective and not in accordance with the Drawings and Specifications, and if the imperfection. in the same shall not be cf sufficient nagnitude or importance as tc make the WorK dangerous or unsuitable, or if the re:r.cval of such Work will create conditions which are dangerous or undesirable, the owner shall have the right and authority to retain S:( . i^:)rl. l:1 t 311 r.1 1 rake such .0 •:71.1 . ors :.. '• ;' f_na_ •'•fit Yri cr c i != nay be iL5t .gn.; ;'ra •U:". r. ;:lf`. T hr Cl f .. h; ve . h!° rct i C.', � 1•'. .. .-. ... t]f •' 1 .l�' ..1 !.1 1. 5t �r. fi (•:� K.i }-r .. r . 1; lc,,1(. ICl 1)firVS• C:. ..:lie E': :r '.' 1 f::3 • f, 1. r:?�• i of t r•})( :- (•+- :-rrnn.:t r.'.etion I I ' 30. LINES AND GRADES Lines and grades shall be established by the Contractors as outlined in the General Specifications and shall be carefully preserved by the Contractor, and in case of their careless or unnecessary destruction or removal by him or his employees, such stakes, marks, and other Iinformation will be replaced at the Contractor's expense. L LI L L I El LI I I II 31. SHOP DRAWING SUBMITTAL PROCEDURE The Contractor shall submit six (6) copies to the Engineer for his review, such shop drawings, electrical diagrams, and catalog cuts for fabricated items and manufactured items (including mechanical and electrical equipment) required for the construction. Shop drawings shall be submitted in sufficient time to allow the Engineer not less than 20 regular working days per submittal for examining the shop drawings. These shop drawings shall be accurate, distinct, and complete and shall contain all required information, including satisfactory identification of items, units, and assemblies in relation to the Contract Drawings and Specifications. Unless otherwise approved by the Engineer, shop drawings shall be submitted only by the Contractor, who shall indicate by a signed stamp on the shop drawings, or other approved means, that he (the Contractor) has checked the shop drawings, and that the Work shown is in accordance with Contract requirements and has been checked for dimensions and relationship with Work of all other trades involved. The practice of submitting incomplete or unchecked shop drawings for the Engineer to correct or finish will not be acceptable, and shop drawings which, in the opinion of the Engineer, clearly indicate that they have not been checked by the Contractor will be considered as not complying with the intent of the Contract Documents and will be returned to the Contractor for resubmission in the proper form. When the shop drawings have been reviewed by the Engineer, two (2) sets of submittals will be returned to the Contractor appropriately stamped. If major changes or corrections are necessary, the shop drawing may be rejected and one (1) set will be returned to the Contractor with such changes or corrections indicated, and the Contractor shall correct and resubmit the shop drawings in quadruplicate, unless otherwise directed by the Engineer. No changes shall be made by the Contractor to resubmitted shop drawings other than those changes indicated by the Engineer, unless such changes are clearly described in a letter accompanying the resubmitted shop drawings. I Section 00700 - 8 I The review of such shop drawings and catalog cuts by the Engineer shall not relieve the Contractor from ' responsibility for correctness of dimensions, fabrication details, and space requirements or for deviations from the Contract Drawings or Specifications unless the Contractor ' has called attention to such deviations in writing by a letter accompanying the shop drawings and the Engineer approves the change or deviation in writing at the time of submission; nor shall review by the Engineer relieve the Contractor from the responsibility for errors in the shop drawings. When the Contractor does call such deviations to the attention of the Engineer, the Contractor shall ' state in his letter whether or not such deviations involve any deduction or extra cost adjustment. 32. ADDITIONAL DETAIL DRAWINGS AND INSTRUCTIONS The Engineer will furnish, with reasonable promptness, additional instructions by means of drawings or otherwise, ' if, in the Engineer's opinion, such are required for the proper execution of the Work. All such drawings and instructions will be consistent with the Contract Documents, true developments thereof, and reasonably inferable therefrom. THE CONTRACTOR AND HIS EMPLOYEES ' 33. INDEPENDENT CONTRACTOR ' The Contractor shall perform all Work under this Contract as an Independent Contractor and shall not be considered as an agent of the Owner or of the Engineer, nor shall the Contractor's subcontractors or employees be subagents of the Owner or of the Engineer. 34. SUBCONTRACTING ' Within 30 days after the execution of the Contract, the Contractor shall submit to the Engineer the names of all ' subcontractors proposed for the Work, including the names of any subcontractors that were submitted with the Bid. The Contractor shall not employ any subcontractors that the Engineer may object to as lacking capability to properly perform Work of the type and scope anticipated. No changes will be allowed from the approved subcontractor list without written approval of the Engineer. ' The Contractor agrees that he is 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. ' Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner. Section 00700 - 9 .1 ' 35. INSURANCE AND LIABILITY IA. GENERAL The Contractor shall provide (from insurance companies ' acceptable to the Owner) the insurance coverage designated hereinafter and pay all costs. Before execution of the Contract, Contractor shall furnish the Owner with complete copies of all insurance policies and certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates, and date of expiration of policies, and containing substantially the following statement: ' "The insurance covered by this certificate will not be canceled or materially altered, except after 30 days written notice has been received by the owner." ' In case of the breach of any provision of this Article, the Owner, at his option, may take out and ' maintain, at the expense of the Contractor, such insurance as the Owner may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this ' Contract. B. CONTRACTOR AND SUBCONTRACTOR INSURANCE The Contractor shall not execute the Contract or commence Work under this Contract until he has obtained all the insurance required hereunder and such ' insurance has been reviewed and approved by the Owner, nor shall the Contractor allow any subcontractor to commence Work on his subcontract until insurance specified below has been obtained. Review of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. C. COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE The Contractor shall maintain during the life of this ' Contract the statutory Workmen's Compensation, in addition, Employer's Liability Insurance in an amount not less than $100,000 for each occurrence, for all of ' his employees to be engaged in Work on the Project under this Contract and, in case any such Work is sublet, the Contractor shall require the subcontractor ' similarly to provide Workmen's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such Work. Where Work under this Contract includes any water or navigational ' exposure, coverage shall be included to cover the Federal Longshoremen's and Harborworker's Act and the Federal Jones Act. Employer's Liability Insurance Section 00700 - 10 I shall be extended to include waiver of subrogation to the Owner. D. GENERAL LIABILITY INSURANCE ' The Contractor shall maintain during the life of this Contract such general liability, completed operations and products liability, and automobile liability insurance as will provide coverage for claims for ' damages for personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from ' performance of the Work under this Contract. The general liability policy should also specifically ensure the contractual liability assumed by the Contractor under Article Indemnification. Coverage ' for property damage shall be on a "broad form" basis with no exclusions for "XC & U." Amount of insurance to be provided shall be as shown below: 1) Contractor's Comprehensive General Liability Insurance ' For not less than the following limits of liability: ' Bodily Injury: $500,000 each occurrence, $500,000 aggregate ' Property Damage: $250,000 each occurrence, $250,000 aggregate Include the following coverage: °Waiver of all "XCU" exclusions. ' °Broad Form Property Damage and Personal Injury Liability. ' °Independent Contractor's Coverage. 2) Contractor's Comprehensive Automobile Liability Insurance ' For not less than the following limits of liability: ' Bodily Injury: $ 500,000 each person, $1,000,000 each occurrence Property Damage:$ 100,000 each occurrence OR ' Bodily Injury and Property Damage: $1,000,000 combined single limit each occurrence. ' Section 00700 - 11 Include Hired car and Non -Ownership Coverage. ' 3) Contractor's Excess Umbrella Policy: $1,000,000 limit of liability policy shall be provided. ENGINEER SHALL BE INCLUDED AS ADDITIONAL INSURED: ' Insurance certificates furnished by the Contractor and/or Subcontractor(s) shall include the Engineer as an "Additional Insured" for all Liability and Property Damage policies. In the event any Work under this Contract is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the Work performed under this Contract by a subcontractor, which liability is not covered by ' the subcontractor's insurance. The Contractor's and any subcontractor's general ' liability and automobile liability insurance policies shall include the Owner and Engineer, their officers, agents, and employees as additional insureds for any claims arising out of work performed under this 'Contract. E. BUILDER'S RISK ALL-RISK INSURANCE ' Unless otherwise modified in the Supplementary Conditions, the contractor shall secure and maintain ' during the life of this Contract, Builders Risk All -Risk Insurance coverage in an amount equal to the full replacement value of structures, equipment, electrical, and mechanical systems only. Such ' insurance shall not exclude coverage for earthquake, landslide, flood, collapse, blasting, or loss due to the results of faulty workmanship, and shall provide ' for losses to be paid to the Contractor, Subcontractor, and the Owner as their interests may appear. IF. OWNER'S AND CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE ' The Contractor shall, at his expense, provide the Owner with an Owner's and Contractor's Protective Liability Insurance Policy naming the Owner as the ' named insured and the Engineer, its architects and engineers, and each of their officers, agents, and employees as additional insured under that policy, said policy to protect said parties from claims which may arise from operations under the contract. Limits of policy coverage shall be: Bodily Injury: $500,000 each person, $1,000,000 aggregate ' Section 00700 - 12 I I I I I I I C Property Damage: $250,000 each person, $250,000 aggregate OR $1,000,000 combined -single limit each occurrence/aggregate. G. INSURANCE COVERAGE FOR SPECIAL CONDITIONS When the construction is to be accomplished within a public or private right-of-way requiring special insurance coverage, the Contractor shall conform to the particular requirements and provide the required insurance. The Contractor shall include in his liability policy all endorsements that the said authority may require for the protection of the authority, its officers, agents, and employees. Insurance coverage for special conditions, when required, shall be provided as set forth in the Supplementary Conditions. H. NO PERSONAL LIABILITY OF PUBLIC OFFICIALS In carrying out any of the provisions hereof in exercising any authority granted by the Contract, there will be no personal liability upon any public official. 36. INDEMNITY The Contractor shall indemnify and hold harmless the Owner, the Engineer, and their agents and employees from and against damages, losses, and expenses including attorneys' 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 or to 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 act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, provided that such claims, damages, losses, and expenses are not proximately caused by the negligence of any indemnitee in the design, or by the sole negligence of any indemnitee in the inspection of the Work that is the subject of this construction Contract. In any and all claims against the Owner, the Engineer, or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Article shall not be limited in any Section 00700 - 13 r - I I I way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under Workmen's Compensation Acts, Disability Benefit Acts, or other Employee Benefit Acts. 37. TAXES AND CHARGES The Contractor shall withhold and pay any and all sales and use taxes, including any and all change of taxes thereof, and all withholding taxes, whether state or federal, and pay all Social Security charges and also all State Unemployment Compensation charges, and pay or cause to be withheld, as the case may be, any and all taxes, charges, or fees or sums whatsoever, which are now or may hereafter be required to be paid or withheld under any laws. 38. ORDINANCES, PERMITS, AND LICENSES The Contractor shall keep himself fully informed of all local ordinances, as well as state and federal laws, which in any manner affect the Work herein specified. The Contractor shall at all times comply with said ordinances, laws, and regulations, and protect and indemnify the Owner, the Engineer and their respective employees, and its officers and agents against any claim or liability arising from or based on the violation of any such laws, ordinances, or regulations up to the amount of the Contract Price. All permits, licenses, and inspection fees necessary for prosecution and completion of the Work shall be secured and paid for by the Contractor, unless otherwise specified. 39. SUPERINTENDENCE The Contractor shall keep on the Work, during its progress, competent supervisory personnel. The Contractor shall designate, in writing, before starting Work, one authorized representative who shall have complete authority to represent and to act for the Contractor. The Contractor shall give efficient supervision to the Work, using his best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, and procedures, and for providing adequate safety precautions and coordinating all portions of the Work under the Contract. It is specifically understood and agreed that the Engineer, its employees and agents, shall not have control or charge of and shall not be responsible for the construction means, methods, techniques, procedures, or for providing adequate safety precautions in connection with the Work under the Contract. Section 00700 - 14 40. RECEPTION OF ENGINEER'S DIRECTIONS The superintendent, or other duly authorized representative of the Contractor, shall represent the Contractor in all directions given to him by the Engineer. Such directions of major importance will be confirmed in '• writing. Any direction will be so confirmed, in each case, on written request from the Contractor. ' 41. SANITATION Sanitary conveniences conforming to state and local codes shall be erected and maintained by the Contractor at all ' times while workers are employed on the Work. The sanitary convenience facilities shall be as approved by the Engineer. 42. EMPLOYEES The Contractor shall employ only men or women who are competent and skillful in their respective line of work. Whenever the Engineer or Owner shall notify the Contractor that any person on the Work is, in their opinion, ' incompetent, unfaithful, or disorderly or refuses to carry out the provisions of this Contract or uses threatening or abusive language to any person representing the Owner on ' the Work, or is otherwise unsatisfactory, such person shall be immediately discharged from the Project and shall not be re-employed thereon except with the consent of the ' Engineer by the Owner. 43. PROJECT MEETINGS ' The Engineer may conduct Project meetings, as he deems necessary, for the purposes of discussing and resolving matters concerning the various elements of the Work. Time ' and place for these meetings and the names of persons required to be present shall be as directed by the Engineer. The Contractor shall comply with these attendance requirements and shall also require his subcontractors to comply. 44. SAFETY The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all ' persons (including employees) and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U. S. Department of ' Labor (OSHA); the State Labor Department Laws; all other applicable federal, state, county, and local laws, ordinances, and codes; the requirements set forth below; ' and any regulations that may be detailed in other parts of these Documents. Where any of these are in conflict, the more stringent requirement shall be followed. The ' Section 00700 - 15 Contractor's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth herein. The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. The duty of the Engineer to conduct construction review of the Contractor's performance is not intended to include a review or approval of the adequacy of the Contractor's safety supervisor, the safety program, or any safety measures taken in, on, or near the construction site. The Contractor, as a part of his safety program, shall maintain at his office or other well-known place at the jobsite, safety equipment applicable to the Work as prescribed by the aforementioned authorities, all articles necessary for giving first aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor's care of persons (including employees) who may be injured on the jobsite. I I, I If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Engineer and the Owner. In addition, the Contractor must promptly report in writing to the Engineer all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the site, giving full details and statements of witnesses. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. 45. CONTRACTOR'S TOOLS AND EQUIPMENT ' The Contractor's tools and equipment used on the Work shall be furnished in sufficient quantity and of a capacity and type that will safely perform the Work ' specified, and shall be maintained and used in a manner that will not create a hazard to persons or property, or cause a delay in the progress of the Work. 46. PROTECTION OF WORK AND PROPERTY The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this Contract. The Contractor shall at all times safely guard and protect from damage his own Work, and that of adjacent ' Section 00700 - 16 L ' property (as provided by law and the Contract Documents). All passageways, guard fences, lights, and other ' facilities required for protection by federal, state, or municipal laws and regulations and local conditions, must be provided and maintained. ' The Contractor shall protect his Work and materials from damage due to the nature of the Work, the elements, carelessness of other Contractors, or from any cause ' whatever until the completion and acceptance of the Work. All loss or damages arising out of the nature of the Work to be done under these Contract Documents, or from any unforeseen obstruction or defects which may be encountered ' in the prosecution of the Work, or from the action of the elements, shall be sustained by the Contractor. ' In addition, the Contractor shall take special precautions to prevent the "flotation" of all tanks and structures prior to their final acceptance and filling for beneficial use. The Contract price shall include all costs 'associated with such special precautions. Also, the Contractor shall not load or permit any part of ' any structure to be loaded with a weight that will endanger its safety or its structural integrity. 11 I I J H 7 I [1 r 47. RESPONSIBILITY OF CONTRACTOR TO ACT IN EMERGENCY In case of an emergency which threatens loss or injury of property, and/or safety of life, the Contractor shall act, without previous instructions from the Owner or Engineer, as the situation may warrant. The Contractor shall notify the Engineer thereof immediately thereafter. Any claim for compensation by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Owner through the Engineer and the amount of compensation shall be determined by agreement. 48. MATERIALS AND APPLIANCES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the Work. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. In selecting and/c in the Project, responsibility for of the equipment state, and local ,r approving equipment for installation the Owner and Engineer assume no injury or claims resulting from failure to comply with applicable national, safety codes or requirements, or the I Section 00700 - 17 I ' safety requirements of a recognized agency, or failure due to faulty design concepts, or defective workmanship and materials. 49. CONTRACTORS' AND MANUFACTURERS' COMPLIANCE WITH STATE SAFETY, OSHA, AND OTHER CODE REQUIREMENTS The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items required by the state and federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work (including owner -selected equipment) subject to such ' safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. Contractors shall notify all equipment suppliers and subcontractors of the provisions of this Article. 50. SUBSTITUTION OF MATERIALS Except for Owner -selected equipment items and items where ' no substitution is clearly specified, whenever any material, article, device, product, fixture, form, type of construction, or process is indicated or specified by ' patent or proprietary name, by name of manufacturer, or by catalog number, such specifications shall be deemed to be used for the purpose of establishing a standard of quality and facilitating the description of the material or process desired. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable ' in design, and shall be deemed to be followed by the words "or equal". The Bidder may, in such cases, submit complete data to the Engineer (with his Bid, as stipulated ' hereinbefore) for consideration of another material, type, or process which shall be substantially equal in every respect to that so indicated or specified. Substitute materials shall not be used unless approved in writing. ' The Owner or his authorized agent will be the sole judge of the substituted article or material. 51. TESTS, SAMPLES, AND INSPECTIONS The Contractor shall furnish, without extra charge, the ' necessary test pieces and samples, including facilities and labor for obtaining the same, as requested by the Engineer. When required, the Contractor shall furnish certificates of tests of materials and equipment made at ' the point of manufacture by a recognized testing laboratory. ' The Owner, Engineer, authorized government agents, and their representatives shall at all times be provided safe access to the Work wherever it is in preparation or ' Section 00700 - 18 I I I I progress, and the Contractor shall provide facilities for such access and for inspection, including maintenance of temporary and permanent access. If the Specifications, the Engineer's instructions, laws, ordinances, or any public authority require any Work to be specially tested or approved, the Contractor shall give timely notice of its readiness for inspection. Inspections to be conducted by the Engineer will be promptly made, and where practicable, at the source of 52. ROYALTIES AND PATENTS ' The Contractor shall pay all royalty and license fees, unless otherwise specified. The Contractor shall defend all suits or claims for infringement of any patent rights and shall save the Owner and the Engineer harmless from any and all loss, including reasonable attorneys' fees, on ' account thereof, up to the amount of the Contract Price. 53. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the Work should be stopped under an order of any court or other public authority for a period of more than 3 ' months, through no act or fault of the Contractor, its Subcontractors, or respective employees or agents, then the Contractor may, upon 15 days' written notice to the ' Owner and the Engineer, if said default has not been cured, stop Work or terminate this Contract and recover from the Owner payment for the reasonable value of Work ' performed. 54. CORRECTION OF DEFECTIVE WORK FOUND DURING WARRANTY PERIOD ' The Contractor hereby agrees to make, at his own expense, all repairs or replacements necessitated by defects in materials or workmanship, supplied under terms of this ' Contract, and pay for any damage to other works resulting from such defects, which become evident within 1 year after the date of final acceptance of the Work or within Ii year after the date of substantial completion established by the Engineer for specified items of equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. The Contractor further assumes responsibility for a similar guarantee for all Work and materials provided by subcontractors or manufacturers of packaged equipment components. The effective date for the start of the guarantee or warranty period for equipment qualifying as Section 00700 - 19 substantially complete is defined in Article 16, SUBSTANTIAL COMPLETION, and Article 65, 1 SUBSTANTIAL COMPLETION DATE, in these General Conditions. The Contractor also agrees to hold the Owner and the Engineer harmless from liability of any kind arising from damage due to said ' defects. The Contractor shall make all repairs and replacements promptly upon receipt of written order for same from the Owner. If the Contractor fails to make the repairs and replacements promptly, the Owner may do the Work, and the Contractor and his Surety shall be liable for the ' cost thereof. Any additional requirements for the Project relative to correction of defective Work after final acceptance are set forth in the Supplementary Conditions. ' PROGRESS OF THE WORK ' 55. BEGINNING OF THE WORK Before Work shall be started and materials ordered, the Contractor shall meet and consult with the Owner and/or ' Engineer relative to materials, equipment, and all arrangements for prosecuting the Work. 56. SCHEDULES AND PROGRESS REPORTS The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, records, and other data as the Owner may request concerning Work performed or to be performed under this Contract. Construction Schedule Requirements: The Contractor shall comply with the following requirements concerning ' construction scheduling and payments: The Contractor shall submit a construction schedule of ' the bar graph type (or other approved type) prior to the preconstruction conference showing the following information as a minimum: a. Date of Notice to Proceed with Contract Work. b. Actual date construction is scheduled to start if ' different from the date of Notice to Proceed. c. Contract completion date. Id. Beginning and completion dates for each phase of Work. e. The dates at which special detail drawings are required. Section 00700 - 20 I f. Respective dates for submission of shop drawings and the beginning of manufacture, the testing of, ' and the installation of materials, supplies, and equipment. I g. All construction milestone dates. h. A separate graph showing Work placement in dollars versus Contract time. ' The schedule shall incorporate approved Contract changes. The schedule shall be maintained in an up-to-date ' condition monthly and shall be available for inspection at the construction site at all times. The construction schedule shall be submitted in conjunction with and/or in addition to any other requirements concerning schedules within these specifications. ' THE CONSTRUCTION SCHEDULE SHALL BE UPDATED AND SUBMITTED WITH EACH MONTHLY REQUEST FOR PAYMENT. SHOULD THE CONTRACTOR FALL BEHIND SAID SCHEDULE. HE SHALL PRESENT IN ' WRITING TO THE OWNER A REVISED PLAN OF ACTION TO COMPLETE THE PROJECT ON TIME METHODS MAY INCLUDE BUT ARE NOT LIMITED TO ADDITIONAL MANPOWER EQUIPMENT, WORKING OVERTIME ETC AS MAY BE REQUIRED. ALSO. THE CONSTRUCTION SCHEDULE SHALL BE REVISED ACCORDINGLY. ' FAILURE TO SUBMIT SUCH REVISED CONSTRUCTION SCHEDULE AND WRITTEN EXPLANATION SHALL BE REASON TO WITHHOLD PAYMENT ENTIRELY OR REDUCE PAYMENT SUBSTANTIALLY. 57. PROSECUTION OF THE WORK It is expressly understood and agreed that the time of beginning, rate of progress, and time of completion of the ' Work are the essence of this Contract. The Work shall be prosecuted at such time, and in or on such part or parts of the Project as may be required, to complete the Project as contemplated in the Contract Documents and the approved construction schedule. If the Contractor desires to carry on Work at night or ' outside the regular hours (7:00 a.m. to 6:00 p.m., Monday through Friday), he shall first obtain the permission of the Engineer. He shall also give timely notice to the ' Section 00700 - 21 I Engineer to allow satisfactory arrangements to be made for observation of the Work in progress. If the Work to be ' done "after hours" requires the full-time presence of a representative of the Engineer, then the Contractor must reimburse the Owner for payments made to the Engineer for this purpose. ' The cost of additional engineering services will be based upon actual hours worked (labor cost x 3) plus out -of- ' pocket expenses such as lodging, mileage, materials, etc. Otherwise, the Contractor may perform clean-up work only outside of regular hours (including Saturdays and Sundays). No Work will be accomplished on holidays. 1 58. ASSIGNMENT ' Neither party to the Contract shall assign the Contract or sublet it as a whole, without the written consent of the other, nor shall the Contractor assign any monies due or Ito become due to him hereunder without the previous written consent of the Owner. 59. OWNER'S RIGHT TO DO WORK If the Contractor should, in the opinion of the Engineer, neglect to prosecute the Work properly or should neglect ' or refuse at his own cost to take up and replace Work as shall have been rejected by the Engineer, then the Owner shall notify the Surety of the condition, and after 10 ' days' written notice to the Contractor and the Surety, or without notice if an emergency or danger to the Work or public exists, and without prejudice to any other right which the Owner may have under the Contract, take over ' that portion of the work which has been improperly executed or uncompleted, and make good the deficiencies and deduct the cost thereof from the payments then or ' thereafter due the Contractor, and if such payments are not sufficient thereof, charge the cost to the Contractor and its surety. 60. OWNER'S RIGHT TO TRANSFER EMPLOYMENT If the Contractor should abandon the Work or should be ' adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, ' or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials, or if he should fail to make prompt ' payment to subcontractors for material or labor, or persistently disregard laws, ordinances, or the instructions of the Engineer, or otherwise be guilty of a ' substantial violation of any provision of the Contract or any laws or ordinance, then the Owner may, without prejudice to any other right or remedy, and after giving ' Section 00700 - 22 I the Contractor and Surety 7 days' written notice, transfer the employment for said Work from the Contractor to the Surety. Upon receipt of such notice, such Surety shall enter upon the premises and take possession of all materials, tools, and appliances thereon for the purpose of completing the Work included under this Contract and I employ, by contract or otherwise, any qualified person or persons to finish the Work and provide the materials therefore, in accordance with the Contract Documents, without termination of the continuing full force and effect of this Contract. In case of such transfer of employment to such Surety, the Surety shall be paid in its own name on estimates according to the terms hereof without any right of the Contractor to make any claim for the same or any part thereof. I If after the furnishing of said written notice to the Surety, the Contractor and the Surety still fail to make reasonable progress on the performance of the Work, the Owner may terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the Work by whatever method he may deem expedient and charge the cost thereof to the Contractor and Surety. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the expense of I completing the Contract, including compensation for additional managerial and administrative services, shall exceed such unpaid balance, the Contractor and the Surety shall pay the difference to the Owner. 61. DELAYS AND EXTENSION OF TIME If the Contractor is delayed in the progress of the Work by any separate Contractor employed by the Owner, or by strikes, lockouts, fire, excessive adverse weather ' conditions not reasonably anticipated (on the basis of official weather records from the past ten years, minimum, from the locality involved), or acts of God, the I Contractor shall, within 48 hours of the start of the occurrence, give written notice to the Owner of the cause of the potential delay and estimate the possible time extension involved, and within 7 days after the cause of delay has been remedied, the Contractor shall given written notice to the Owner of any actual time extension requested as a result of the aforementioned occurrence; then the Contract time may be extended by Change Order for such reasonable time as the Engineer determines. It is agreed that no claim shall be made or allowed for any damages which may arise out of any delay caused by the I above referenced acts or occurrences, other than claims for the appropriate extension of time. No extension of time will be granted to the Contractor for delays occurring to parts of the Work that have no measurable impact on the completion of the total Work Section 00700 - 23 I I I I I [l I I Within a reasonable period after the Contractor submits to ' the Owner a written request for an extension of time, the Engineer will present his written opinion to the Owner as to whether an extension of time is justified, and, if so, ' his recommendation as to the number of days for time extension. The Owner will make the final decision on all requests for extension of time. under this Contract; nor will extension of time be granted for delays to parts of Work that are not located on the critical path if the Critical Path Method (CPM) is used for scheduling the Work. No extension of time will be considered for weather conditions normal to the area in which the Work is being performed. Unusual weather conditions, if determined by the Engineer to be of a severity that would stop all progress of the Work, may be considered as cause for an extension of Contract completion time. The Contractor shall provide official documentation of weather conditions experienced versus those anticipated as described above. Delays in delivery of equipment or material purchased by the Contractor or his subcontractors (including Owner - selected equipment) shall not be considered as a just cause for delay. The Contractor shall be fully responsible for the timely ordering, scheduling, expediting, delivery, and installation of all equipment and materials. In no event shall the Contractor be entitled under this Contract to collect or recover any damages, loss, or expense incurred by any delay other than as caused by the ' Owner, as stipulated in Article 73, NOTICE OF CLAIM FOR DELAY. ' 62. LIQUIDATED DAMAGES The Work shall begin at the time stated in the Notice to Proceed issued by the Owner to the Contractor and shall be completed within the number of consecutive calendar days, or by the calendar date, stated in the accepted Bid and Contract. The time shall be computed from and including ' the date stated in the Notice to Proceed. It is agreed that time is of the essence of this Contract. ' The Contractor agrees that said Work shall be prosecuted regularly, diligently, and uninterruptedly at such rate or 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 herein is a reasonable time for the completion of the same, taking ' into consideration the average climatic range and usual construction conditions prevailing in this locality. 1 Section 00700 - 24 I 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, that, for each and every calendar day that the Contractor shall be in default, he ' shall pay to the Owner the agreed -upon amount stipulated in the Contract to compensate the Owner for monetary losses incurred. 63. OTHER CONTRACTS The Owner reserves the right to award other Contracts in connection with the Work. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the ' execution of their Work and shall properly connect and coordinate his Work with theirs. ' If any part of the Work under this Contract depends on the prior acceptable completion of Work by others under separate Contract(s), the Contractor shall inspect and promptly report to the Engineer any defects in such Work I that would adversely affect the satisfactory completion of the Work under this Contract. The Contractor's failure to so inspect and report shall constitute acceptance of the ' work by others as being suitable for the proper reception and completion of the Work under this Contract, excluding, however, those defects in the Work by others that occur after the satisfactory completion of the Work specified ' hereunder. 64. USE OF PREMISES The Contractor shall confine his equipment, the storage of materials, and the operation of his workers to limits shown on the Drawings or indicated by law, ordinances, permits, or directions of the Engineer, and shall not unreasonably encumber the premises with his materials. The Contractor shall provide, at his own expense, the necessary rights -of -way and access to the Work which may be required outside the limits of the Owner's property. ' 65. SUBSTANTIAL COMPLETION DATE The Engineer may, at his sole discretion, issue a written ' notice of substantial completion for the purpose of establishing the starting date for specific equipment guarantees, and to establish the date that the owner will assume the responsibility for the cost of operating such ' equipment. Said notice shall not be considered as final acceptance of any portion of the Work or relieve the Contractor from completing the remaining Work within the ' specified time and in full compliance with the Contract Documents. Section 00700 - 25 I ' Such substantial completion shall not relieve Contractor from liquidated damages should the Owner have added costs ' after the completion date, i.e., if additional construction observation, interest paid, loss of revenue, or other expenses continue to be charged to the Owner. Substantial completion of an operating facility shall be that degree of completion that will provide a minimum of 7 continuous work days of successful operation in which ' all performance and acceptance testing has been successfully demonstrated to the Engineer. All equipment contained in the Work, plus all other components necessary to enable the Owner to operate the facility in the manner that was intended, shall be complete on the substantial completion date. See "SUBSTANTIAL COMPLETION" under Article DEFINITIONS, of these General Conditions. ' 66. PERFORMANCE TESTING ' Operating equipment and systems shall be performance tested in the presence of the Engineer to demonstrate compliance with the specified requirements. Performance testing shall be conducted under the specified design ' operating conditions or under such simulated operating conditions as recommended or approved by the Engineer. Schedule such testing with the Engineer at least 1 week in ' advance of the planned date for testing. 67. OWNER'S USE OF PORTIONS OF THE WORK The owner shall have the right to take possession of and use any completed or partially completed portions of the Work. Such use shall not be considered as final ' acceptance of any portion of the Work, nor shall such use be considered as cause for an extension of the Contract completion time, unless authorized by a Change Order ' issued by the Owner. 68. CUTTING AND PATCHING ' The Contractor shall do all cutting, fitting, or 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 Work of other Contractors shown upon or reasonably implied by the Drawings. Any defective Work or material, performed or furnished by the Contractor, that may be discovered by the Engineer before the final ' acceptance of the Work or before final payment has been made, shall be removed and replaced or patched, in a manner as approved by the Engineer at the expense of the ' contractor. 69. CLEANING UP The Contractor shall, at all times, at his own expense, keep property on which Work is in progress and the ' Section 00700 - 26 I adjacent property free from accumulations of waste material or rubbish caused by employees or by the Work. ' Upon completion of the construction, the Contractor shall, at his own expense, remove all temporary structures, rubbish, and waste materials resulting from his operations. PAYMENT ' 70. PAYMENT FOR CHANGE ORDERS Payment or credit for any alterations covered by a Change ' Order shall be determined by one or a combination of the methods set forth in A. B, or C below as applicable: IA. UNIT PRICES. If applicable, those unit prices stipulated in the Bid, shall be utilized. If such Unit Prices are not applicable, the Contractor and Owner may utilize Unit Prices as mutually agreed upon. B. LUMP SUM. A total lump sum for the Work may be negotiated as mutually agreed upon by the Contractor ' and Owner. In "A" and "B" above, Contractor's quotations for Change ' Orders shall be in writing and firm for a period of 90 days. Any compensation paid in conjunction with the terms of a Change Order shall comprise total compensation due the Contractor for the Work or alteration defined in the ' Change Order. By signing the Change Order, the Contractor acknowledges that the stipulated compensation includes payment for the Work or alteration plus all payment for ' the interruption of schedules, extended overhead, delay or any other impact claim or ripple effect, and by such signing specifically waives any reservation or claim for additional compensation in respect to the subject of the 'Change Order. The Owner's request for quotations on alterations to the ' Work shall not be considered authorization to proceed with the Work prior to the issuance of a formal Change Order, nor shall such request justify any delay in existing Work. ' Lump sum quotations for alterations to the Work shall include substantiating documentation with an itemized breakdown of Contractor and subcontractor costs, including ' labor, material, rentals, approved services, overhead, and profit calculated as specified under "C" below. C. FORCE ACCOUNT WORK. If the method of payment cannot ' be agreed upon prior to the beginning of the Work, and the Owner or the Engineer directs that the Work be done by written Change order or on a force account basis, then the Contractor shall furnish labor, equipment, and materials necessary to complete the Section 00700 - 27 I Work in a satisfactory manner and within a reasonable period of time. For the Work performed, payment will be made for the documented actual cost of the following: ' 1) Labor, including foremen, who are directly assigned to the force account Work: (actual payroll cost, including wages, fringe benefits as ' established by negotiated labor agreements, labor insurance, and labor taxes as established by law). No other fixed labor burdens will be considered, unless approved in writing by the Owner. 2) Material delivered and used on the designated Work, including sales tax, if paid for by the ' Contractor or his subcontractor. 3) Rental, or equivalent rental cost of equipment, including necessary transportation for items having a value in excess of $100. 4) Additional bond, as required and approved by the Owner. 5) Additional insurance (other than labor insurance) ' as required and approved by the Owner. To costs under 7OC, FORCE ACCOUNT WORK, there shall be added the following fixed fees for the Contractor or subcontractor actually performing the Work: A fixed fee not to exceed 15 percent of the cost of ' all items above. The added fixed fees shall be considered to be full ' compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The Owner reserves the right to furnish such materials and equipment as he deems expedient, and the Contractor shall have no claim for profit or added ' fees on the cost of such materials and equipment. For equipment under Item 3 above, rental or equivalent ' rental cost will be allowed for only those days or hours during which the equipment is in actual use. Rental and transportation allowances shall not exceed the current rental rates prevailing in the locality. ' The rentals allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, and renewals, and no further allowances will be made for those items, unless specific agreement to that effect is made. Section 00700 - 28 I I n I I C The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of Work paid for on a force account basis and the costs of other operations. The Contractor shall furnish the Engineer report sheets in duplicate of each day's force account Work no later than the working day following the performance of said Work. The daily report sheets shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The daily report sheets shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. ' Material charges shall be substantiated by valid copies of vendors' invoices. Such invoices shall be submitted with the daily report sheets, or, if not ' available, they shall be submitted with subsequent daily report sheets. Said daily report sheets shall be signed by the Contractor or his authorized agent. To receive partial payments and final payment for force account Work, the Contractor shall submit in a manner approved by the Engineer, detailed and complete documented verification of the Contractor's and any of ' his subcontractors' actual current costs involved in the force account Work pursuant to the issuance of an approved Change Order. Such costs shall be submitted within 30 days after said Work has been performed. No payment will be made for Work billed and submitted the Engineer after the 30 -day period has expired. Ito No extra or additional Work shall be performed by the Contractor, except in an emergency endangering life or property, unless in pursuance of a written Change ' Order, as provided in Article 20, ALTERATIONS -CHANCES IN WORK. 71. PARTIAL PAYMENTS A. GENERAL INothing contained in this Article shall be construed to affect the right, hereby reserved, to reject the whole or any part of the aforesaid Work, should such Work be later found not to comply with the provisions of the Contract Documents. All estimated quantities of Work for which partial payments have been made are ' subject to review and correction on the final estimate. Payment by the Owner and acceptance by the Contractor of partial payments based on periodic estimates of quantities of Work performed shall not, in any way, constitute acceptance of the estimated quantities used as the basis for computing the amounts Section 00700 - 29 I ' of the partial payments. For public works projects, each partial payment request and final payment request ' shall contain an affidavit by the Contractor that all provisions of the applicable federal and state requirements regarding apprentices and payment of prevailing wages have been complied with by him and by his Subcontractors. B. ESTIMATE AND PAYMENT ' Before the first working day of each calendar month, the Contractor shall submit to the Engineer a detailed estimate of the amount earned for the separate portions of the Work, and request payment. As used in this Article, the words "amount earned" means the value, on the date of the estimate for partial payment, of the Work completed in accordance with the Contract Documents, and the value of approved materials delivered to the Project site suitably ' stored and protected prior to incorporation into the Work. If the contractor's estimate of amount earned conforms with the Engineer's evaluation, the Engineer will calculate the amount due the Contractor and make recommendation to the Owner for payment. An estimate of monthly progress payments shall be ' provided for the entire job prior to the first payment request. An update of the estimate of progress payments shall be updated if the actual progress differs by more than 20 percent in any given month. Each monthly payment request shall include the required updated Schedule. If the updated Schedule is not submitted, the Owner may withhold payment until this item is completed. The Contractor shall be paid within 30 days of ' approval of the payment request. C. DEDUCTION FROM ESTIMATE Unless modified in the Supplementary Conditions, deductions from the estimate will be as described below. ' The Owner will deduct from the estimate, and retain as part security, 10 percent of the amount earned for ' Work satisfactorily completed. However, no deduction or retainage will be made on the approved items of material delivered to and properly stored at the jobsite but not incorporated into the Work. When the ' Work is 50 percent complete, the Owner may "freeze" the retainage at 5 percent of the dollar value of the total contract provided that the contractor is making ' satisfactory progress and there is no specific cause for a greater retainage. The Owner may reinstate the retainage up to 10 percent of the dollar value of Section 00700 - 30 I ' "Work complete to date" if the Owner determines, at his discretion, that the Contractor is not making ' satisfactory progress or where there is other specific cause for such withholding. NOTE: Exception --If the Work includes water or sewer pipelines, the Contractor shall maintain the Work for a period of ninety (90) days following its acceptance by the OWNER. Up to five percent (5%) of the Contract ' amount shall be retained during this maintenance period. All prior payments shall be subject to correction in the final payment. This 90 -day period does not relieve the Contractor of the Performance and ' Payment Bond requirements regarding warranty of the Project. In such cases, the semi-final payment estimate shall indicate the initial acceptance of the ' Work, and the warranty shall begin on such date. D. QUALIFICATION FOR PARTIAL PAYMENT FOR MATERIALS ' DELIVERED Unless modified in the Supplementary Conditions, qualification for partial payment for materials delivered but not yet incorporated in to the Work shall be as described below. ' Materials, as used herein, shall be considered to be those items which are fabricated or manufactured material and equipment. To receive partial payment for materials delivered to the site or to the ' Contractor's storage facility or storage yard, but not incorporated in the Work, it shall be necessary for the Contractor to include invoices of such materials ' and documentation warranting that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's ' interest therein; all of which must be satisfactory to Owner. At the time of the next partial payment request, the contractor must submit the following documentation relative to materials paid on the ' previous partial payment: paid invoices of such materials or other documentation warranting that the Owner has received the materials and equipment free ' and clear of all liens, charges, security interests, and encumbrances (i.e., all materials have been paid for by Contractor). Failure to submit this documentation will result in an appropriate reduction ' on the current partial payment estimate for such materials. ' At his sole discretion, the Engineer may approve items for which partial payment is to be made. Proper storage and protection shall be provided by the ' Contractor, and as approved by the Engineer. Final payment shall be made only for materials actually incorporated in the Work and, upon acceptance of the Section 00700 - 31 I ' Work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for ' these items shall be deducted from the final payment for the Work. E. PAYMENT After deducting the retainages and the amount of all ' previous partial payments made to the Contractor, the amount earned as of the current month will be made payable to the Contractor within 30 days of the Owner's receipt of an approved request, except where the Owner is a municipality or other agency whose laws require the approval of each payment by a council or similar body, in which case, the payment shall become ' due and payable 10 days after the first regularly - scheduled meeting in the month following the submittal of such payment request. 72. CLAIMS In any case where the Contractor deems additional ' compensation is due him for Work or materials not clearly covered in the Contract or not ordered by the Engineer according to provisions of Article 20 ALTERATIONS ' CHANGES IN WORK, the Contractor shall notify the Engineer, in writing, of his intention to make claim for such compensation before he begins the Work on which he bases the claim, in order that such matters may be settled, if possible, or other appropriate action promptly taken. If such notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping ' strict account of actual cost, then the contractor hereby agrees to waive the claim for such additional compensation. Such notice by the Contractor, and the fact that the Engineer has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. Claims for additional compensation shall be made in itemized detail and • ' submitted, in writing, to the owner and Engineer within 10 days following completion of that portion of the work for which the Contractor bases his claim. In case the claim is found to be just, it shall be allowed and paid for as provided in Article 70, PAYMENT FOR CHANGE ORDERS. 73. NOTICE OF CLAIM FOR DELAY 1 If the Contractor intends to file a claim for additional compensation for delay caused by the Owner at a particular ' time, he shall file a notice of claim with the Owner within 7 days of the beginning of the occurrence. The notice of claim shall be in duplicate, in writing, and ' need not state the amount. No claim for additional compensation will be considered unless the provisions of Article 61, DELAYS AND EXTENSION OF TIME, are complied ' Section 00700 - 32 with, and a notice of claim has been filed with the Owner in writing, as stated above. ' Should the Owner be prevented or enjoined from proceeding with Work, either before or after its prosecution, or from authorizing its prosecution by reason of any litigation, ' the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the Work will be extended to such reasonable time as the Owner may determine will compensate for time ' lost by such delay, with such determination to be set forth in writing. 74. RELEASE OF LIENS OR CLAIMS The Contractor shall indemnify and save harmless the Owner from all claims for labor and materials furnished under this Contract. Prior to the final payment, the Contractor shall furnish to the Owner, as part of his final payment request, an affidavit that all of the Contractor's obligations on the Project have been satisfied and that there are no unpaid taxes, liens, vendors' liens, rights to lien or any other type of claim against the Project, and that the hourly wages paid to all persons on the Project were in accordance with the applicable wage scale determinations. 75. FINAL PAYMENT Upon completion of all of the Work under this Contract, the Contractor shall notify the Engineer, in writing, that he has completed his part of the Contract and shall request final inspection. Upon receipt of the ' Contractor's written notice that the Work is ready for final inspection, the Engineer shall make such inspection and shall submit to the Owner his recommendation as to acceptance of the completed Work and as to the final ' estimate of the amount due the Contractor under this Contract. Upon approval of this final estimate by the Owner and compliance with provisions in Article 74, ' RELEASE OF LIENS OR CLAIMS, and other provisions as may be applicable, the Owner shall pay to the Contractor all monies due him under the provisions of these Contract Documents. On contracts for public works, final payment of the retained percentage will not be made until the Contractor has also furnished the applicable apprenticeship wage certification. 76. NO WAIVER OF RIGHTS ' Neither the inspection by the Owner, through the Engineer or any of his employees, nor any order by the Owner for payment of money, nor any payment for, or acceptance of, the whole or any part of the Work by the Owner or ' Engineer, nor any extension of time, nor any possession taken by the Owner or its employees shall operate as a Section 00700 - 33 I waiver of any provision of this Contract, or any power herein reserved to the Owner, or any right to damages herein provided nor shall any waiver of any breach in this ' Contract be held to be a waiver of any other or subsequent breach. 77. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall release the Owner and the Engineer, as agent of the ' Owner, from all claims and all liability to the Contractor for all things done or furnished in connection with the Work, and every act of the Owner and others relating to or ' arising out of the Work. No payment, however, final or otherwise, shall operate to release the Contractor or his Sureties from obligations under this Contract and the ' Performance and Payment Bonds, and other bonds and warranties, as herein provided. END OF SECTION I I I I I [1 I [] 1 Section 00700 - 34 I SECTION 00800 ' SUPPLEMENTARY CONDITIONS ' GENERAL The Contractor's attention is directed to Division 1, GENERAL REQUIREMENTS, which contains other directions pertinent to the 'project. REVISIONS AND ADDITIONS TO THE GENERAL CONDITIONS ' The GENERAL CONDITIONS (Section 00700) are hereby revised as follows: ' ARTICLE 9. "ENGINEER" Wherever in these Documents the word "Engineer" appears, it ' shall be understood to mean McClelland Consulting Engineers, Inc., acting either directly or indirectly as authorized agents of the Owner. ARTICLE 12. "OWNER" OWNER 1 Wherever in these Documents the word "Owner" appears, it shall be understood to mean the City of Fayetteville. ARTICLE 14. "SPECIFICATIONS" ' Add the following: FEDERAL, STATE, COUNTY, AND LOCAL STANDARD SPECIFICATIONS ' Where portions of the work traverse or adjoin local streets, county roads, railroads, or Federal property, and the agency in control of such property has established standard ' specifications governing items of work that differ from these Specifications, the most stringent requirements shall apply. ' The Contractor shall comply with all regulations and requirements of the City of Fayetteville wherever the work traverses or crosses City streets. Likewise work in the right-of-way of state highways (though none is anticipated for this basic project) shall conform to all regulations and requirements of the Arkansas Highway and Transportation Department. ' Section 00800 - 1 I ARTICLE 22. "DOCUMENTS TO BE KEPT ON THE JOBSITE" Add the following: Failure of the Contractor to submit accurate Record Drawings to the Engineer will be adequate justification for postponement of the Final Inspection and Final Payment. ARTICLE 30. "LINES AN❑ GRADES" Delete the first sentence and add the following: All construction staking shall be done by the Contractor at the Contractor's expense. ARTICLE 31. "SHOP DRAWING SUBMITTAL PROCEDURE" Delete the first sentence in the first paragraph and substitute the following: The Contractor shall submit a sufficient number of copies to allow the Engineer to retain four copies (3 for himself; 1 for the Owner) for review, such shop drawings, electrical diagrams, and catalog cuts for fabricated items and manufactured items (including mechanical and electrical equipment) required for construction, except as noted below: After the first paragraph, add the following: Should the Contractor fail to submit acceptable shop drawings on the second submittal, one copy will be returned to him and the cost of the Engineer's time to review subsequent submittals on the unacceptable item will be deducted from the Contractor's monthly payment invoice. ARTICLE 34. "SUBCONTRACTING" Change the "30 days" requirement in the first sentence to "2 days". This is a small, short -duration project, and the identity of proposed subcontractors is needed very quickly, after execution of a Contract. ARTICLE 35. "INSURANCE AND LIABILITY" Add to subarticle entitled "GENERAL" the following: E I I ARTICLE 35. "INSURANCE AND LIABILITY", SUBARTICLE "BUILDERS RISK ALL RISK INSURANCE" Delete Builder's Risk insurance coverage. Section 00800 - 2 I Li SURETY AND INSURER QUALIFICATIONS All bonds, insurance contracts, and certificates of insurance ' shall be executed by or countersigned by either a licensed resident agent of the surety or an insurance company, having its place of business in the State of Arkansas, and in all ' ways complying with the insurance laws of the State of Arkansas. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of ' Arkansas. After ARTICLE 38. "ORDINANCES, PERMITS, AND LICENSES" ' Add the following: OCCUPATIONAL SAFETY AND HEALTH The Contractor shall observe and comply with all applicable local, state, and federal occupational safety and health regulations during the prosecution of work under this ' Contract. In addition, full compliance by the Contractor with the U. S. Department of Labor's Occupational Safety and Health Standards, as established in Public Law 91-596, will be ' required under the terms of this Contract. ARTICLE 44. "SAFETY" After this Article, add the following: 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. REPORTING OF ACCIDENTS The Contractor shall submit a written report to the Engineer of any accident or injury occurring at the Construction Site. ARTICLE 46. "PROTECTION OF WORK AND PROPERTY" ' Add the following: PRESERVATION OF MONUMENTS AND STAKES ' In the event that the stakes and marks are destroyed through carelessness Contractor, and that the destruction of ' causes a delay in the work, the Contrac for damages or extensions of time. 1 placed by the Engineer on the part of the these stakes and marks for shall have no claim In the case of any Section 00800 - 3 L I I 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 proper replacement of monuments or bench marks that have been moved or destroyed. ARTICLE 57. "PROSECUTION OF WORK" IOVERTIME PAYMENT I I L L L I I H H L L Overtime hours shall be considered any hours worked by the Contractor in excess of 40 hours from Monday through Friday and/or any time on Saturday, Sunday, and legal holidays, which in the Owner's opinion requires the Engineer's resident observer's presence to observe such overtime work. If the contractor elects to schedule and perform overtime work upon receiving written permission from the Engineer, the Contractor shall pay the Owner for the Engineer's resident observers' casts for each hour of overtime worked. Overtime shall be rounded off to the nearest whole hour and the cost will be calculated based upon the actual labor cost times a multiplier of 3. In addition, any direct nonlabor expenses that in the Engineer's opinion are attributable to the Contractor's overtime, such as travel ($.25 per mile) or per diem, with a limit of $5.00 per day for each resident observer for per diem, shall be paid to the Owner. Payment to the Owner shall be made by a deduction from the Contractor's monthly payment invoice. ARTICLE 57. "PROSECUTION OF THE WORK" Add the following: 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 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. Section 00800 - 4 C L 11 LJ I AFTER ARTICLE 57. "PROSECUTION OF THE WORK" Add the following: STANDARDIZATION AND UNIFORMITY OF EQUIPMENT AND CERTAIN MATERIALS To ensure standardization and work under this Contract, like products of one manufacturer. uniformity in all parts of the items of materials shall be the Uniformity in certain like material items is required in order to provide the Owner with a simplified spare materials inventory, and a standardized procedure for maintenance care and manufacturers' services. The Contractor shall inform his suppliers and subcontractors of these requirements, and shall provide the necessary coordination to accomplish the standardization specified. ' ARTICLE 61. "DELAYS AND EXTENSION OF TIME" Add the following phrase in the first sentence of the first ' paragraph following "adverse weather conditions are not reasonably anticipated": (on the basis of official weather records from the past ten 'years, minimum, for the locality involved) Add the following paragraph following the second paragraph: ' The Contractor acknowledges and agrees that mitigation for delays due to changes, differing site conditions, and ' suspensions of work will require that the Contractor revise preferential sequences which had the net effect of sequestering "float time", before proposing an updated schedule which supports a delay to the Contract as a whole. ' Further, time extensions shall not be granted until all "float" or "contingency time", at the time of the delay, available to absorb specific delays and associated impacts is used. ARTICLE 61. "DELAYS AND EXTENSION OF TIME" After the 3rd paragraph, add the following: 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 Section 00800 - 5 C thereby agrees that time extension requests/cost increases shall not be justified upon the basis of non -availability of materials/equipment. 1 ARTICLE 70. "PAYMENT FOR CHANGE ORDERS" Add the following paragraph following Item B in the first paragraph: The amount of credit to be allowed by Contractor to Owner for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in the Contractor's fee by an amount equal to ten percent of the net decrease: and Change the First sentence of the next paragraph to: In A and B above, Contractor's quotations for Change Orders shall be submitted in writing within 30 calendar days of a Contract Modification Initiation Request, and be firm for a period of 90 days. Add the following sentence to the next paragraph: Substantiating documentation shall consist of such items as price quotations from manufacturers, suppliers and subcontractors, including a breakdown of their estimates similar to that required of the Contractor. ' Substantiating documentation shall also consist of the record of communication of final bid prices obtained during the bid period for those items involved in the change for both those ' additive and deductive items. Add the following sentence following the first sentence of ' subparagraph C.1.: Labor as used herein shall not include Contractor engineering, cost estimating or administrative costs, including general ' project management, whether performed in the Contractor's home office or on the jobsite, for change orders processing, cost estimating, negotiating or other such costs. Such costs are ' included in the allowed fixed fee stated below. ARTICLE 71. "PARTIAL PAYMENTS" ' SUBARTICLE "DEDUCTION FROM ESTIMATE" Add the following: ' When the work is substantially complete (operational or Section 008OO - 6 I beneficial occupancy), the retained amount may, at the option of the Owner, be further reduced below 5 percent to only that amount necessary to assure completion. ARTICLE 72. "CLAIMS" Add the following after the first sentence: "Said notification must be forwarded to the ENGINEER within 7 calendar days of the date on which the CONTRACTOR first recognizes that, in his opinion, the work or materials are not clearly a part of the current Contract". END OF SECTION Section 00800 - 7 Ilderal Labor Standards Provisions ARM cabdlty P'C,LI U" Phelan IC wn (Y 't t CC' 1; eut l''r wLrl I t ant d :. I)I P. a.J Pella ne is hying ars s:ec by the U': ted t 1•s o1 /•reui .f and II;- W P(] I ede a . 3:.Pr Standard, "ro. s :rs Pre I . I 'led in II.,' l.: r•'•"r11 NJ! aIll to IIIe pros.I .it, is a:. p1 cab I. I:::.LCI ' ede N", St`rn" 1. (il Minimum Wages. Al .3:1'Ie'"•.. .i n )' a Plrf ogre']' \YI - rIpC'C-:he,ste(11'1 w:' -(n I•r1dyr t.t L1ri1r {L11... hou: 111'1 Al ' Un .er :ht- ht it ulg A(' o 1 y49 n flu'Cc .1 :',. :1.)r. ( 1 Ct III.' 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' I •• r. 1 1 I.•f l' LLf:!„ f I .f l 1 f }. a Iu nci . UNI I. 4l II' wade de. Sr'11: 1 i 1' 1. 11 r .1 1L .. S'r.n Ln I, A a d.iy pC,l 'ir'd. WI'Ynlll ON];3P1 i1 yl'1, ellel; a':: c:f ra .: .r .".1.11• "an i Sic•: t.. a: -r( rs ut met hatii( • :IPm1-,p N 11 n• -t :..4 1 ('1 • (4' S 11c311, I Tay :e corrflt'iisat.'fi 31 IPe I3:Y }p/" 11 a -d 101 It 1L' L Id's'. 'Llr :Pr; I I. M L.a:Iy wort( d t^(.(' I r ,L1V Ct'C •lI'.. t'• elrl•I'):rr' 1..iv ,C41d: -, ! 11111[• y eel toil" Tt I rlla s; i-' I eat .1 L aS"i,J. I)11 1 1' wh1(,,i wf.rl• is Ueda me -d The Na ,r at :en' 1 ^aUnr• I r.c'ud dr: a' y Ldrlrl,`1 .1 1; 1. S U; alter wt wege tales cor'i:.(Trd c r net 111 Cl P { ,4t 5 f`:., .11 11 .1 1 t Je\t-I ,I on 0('Sf•^ (/N' -I-1 ,.i ski. .:v po'it 11 31 8 1 11 111: by1'11 :Jr:,,: Is so: "r,t-acrs d: the; ti' of ll.e work rat n'rl rt r I LrC 1.: tr;•Sa 14 f,1.ico w ,"e i1 c+1n the ".f Slry Seen by I'1 I Of (a) !•r.y "f:• '•f Iatw)11•r! LI rr-, L.jr'„ w1 ,( I' Il 1 '':'% '' 11 f".('•.I)Ih.'II.1/ I'I. , rt v' •• :SF 11••: rl ... r 'L'Tafice w't' I'•L• w,f1]1' ,a irl: ii : :..r. I/,.I.) • • 1 r:,i•IPIP •( irdl'l0^3 ( a5S11 (at." d1Ii Natae-.i I .411 t" r.l' :I la::' ' e':, u• t.'•1)' v1.. t"1. 1: 'Ow r q Fill h;lt1 b/.I r llt: '�' (') Th"w'• L tit I..'.' -I-'!'4"11\'1-1 11.1' 1„ ]i l' II'y .r:!..] ;nl�:l { at ,r ;1'w1,r Cl•1.....rllI1 ,r! (21 f (.]' .I!}I:' t :Y x1.1:,1:,1 ,.1 . Y 'r. 1. f 1x' .. 11M:• ( f' �I dr:,f.f a• f1 hl'. rol:.t pr • •{L'0ct w:;• N • (. /i ill]11111. J,1 I:1'f-r r.' l b,• t :' l L'. •'I..( tjr,,!1• 1'•11 f.'•' •(1 fb ..nd r • .• 1 I I f If • Ir .: a f I ... .. . •.... 1 , r- •, . .. - . • , ... . ..1 . ;. .. 1 1 ' '.fr Y . . 1 .. I • •`t •. 1 ,• I L,. •I 1 ` .. •. •_ , , •• . . I I, q. ., •Y. v1 .1. .1 .1 r. 1 r .f.)'rn r. :Lef1 r• ,]••.t .i .1 U.S. Uenarlment of Housing A and Uiban Derclolmenl -III r dl art f e ,!Ial. Irle" I'e Que! L. u'clud•"y i e vicw:. 01.11 IIl:t41 '•:4 C pan 0: APd Pie reconriiendnl pr c' • IL'C or .ts Ccs'gree 10 the :r tl 1 •'I:: a:nl 1O1 :t 11.11r I. I Clrl The ACn' • 1}bLh I Lr all aLL'1u' JPd rCPrL- .I Li vt, w. ,`ill -0 liaa'IIII"dh]' N 1'1.13, d.lvS o! rc& l: ?rd SO acy SY P• L . q' ,•'.;I -t a C' WI 1C t1} III C r it. c•'. 1;'ll•e wll, I. 19e ,'•i.-Coy {4.111': It al ,,:.l t,. l'al In 0 y Piece Sdfr i • 'L'•I:.: J' 1.r Ct11 e Of!Jyn' ...il•e'aII; If'.. .iiid,e' ,' u"ldOIF Con'q: w'bt A :i'. Ill Id:. " ri- wnl]f • A.I. unth.^u,r If l-, 1+•'1rlf: whl•IP 3.rPr,.4r,gl; ''1"•"•'Pli l'•"• :1r; ty S,. 'prllala: i': till, . a)1; I. l a paragrai I. 111111 :1 11waua l: l.e1}I: :`n!]N1.11 . III l.1'•e ••111: ". . :'Fl l'.• Co ,'1 '...I1. '• ,111 •I,1 rl'.I'i, 1': •')1 t•II"N .t 'a r1: '.1'1 i:.. I•.1' 1.1 l • ..•1].• ' 1 •I I. 1•1 111.. • 1)ld:r.]IJ ln• li It,' 'Ivl •' Ii CI •'l3Ctlr (II ii ... I matt 2.11,_111• l i31•J}'l l UI ,'.!Ll I L• i••1 a , ,f ( n% I, f n aj l.Ull',..^.rl 3 I .i, ' 't a w.f J' L: 1 ) I..:- 11 1 ' it" L,.rlc 11 r a'llourl C13')' C USI'. 1 eat r ra t ly ainl . , :f;e4J ill I !O 1: IQ I.' 1'1.L•I rile I IIIt:' 1.11 J, ra l,: Ifl isl:'•. F I.Idw: 1',.1 Ifl a 1 P A r l : ! ' r i' .. •. I : • 1 r. w ^ 'I . • ': I . ' i' : I - •• d i11 .].1 • L11:i .. et e,, 11. • [11.11 i,'t1..Y 1.•"I 1 " 11':i'%11 :1 11 .1 ! 'I .1'.p'] 1,, .1•;.11. :• .1. ,. 1.11 •a.a"_ ' i n • 1 ..P l • lr...l 1`1 ',.:. .,' '•d n: ..' 1:1:1 (.'41)1 2 WItMoldmg H111? i' III, deslynrl S'., u.�:' i'• t we: �:✓- Of LpL'I w A. r. i ,—cL t U :a' a..thu11t1•d II' f It sr:.fhua r• "4 Lle(e.111 t r I of L h( I r ld O' l ,. 1 r 110 :. n1:hhek". -f:n the t.":•a^::• r"::Li I'- C f.Jn'fat:..l •i") Pl'•rl l del: r ;r a _I W Ih the S3'l.r .1W con ra::Ll, :1 City ether ' l .-r: Ic-a .S'S1CC' i--,:taU ;,., blet.l If: Dal : tic l,r ;;-e.,: I fly wdyl eti�rt^. f r.;, vi... •' r I'tid LJv I' -e snre : pr re:..-'1•ar till 5; Ir..:' u" 'Lr. al Cd.: ;,ayniv ', Cl 3dvanteb as r)a\ )' LOI S iI- d II('C L•'S3M1'L :I 31 •t'1. -I' 3-'- 9,••c•INPI( IOLI,.( Ille I 1 .4;' ••' :Id'.1'r•: tied f,ell•"Il. t "111•% r•"::.)' I ', cOflI3,:rJI: F Ally 511:.'!•:Idt:1 if " t',. ', f a..l' i. I •y„ 1••d I \ :1.r , )it 1It.. .' 1.p VIVnl 1,1 la iii!_" 1••14 ,l"•1 : t i It f l/ .•10, 1 r e: 111 ..•1\ ar: •.-• Ii.1- I ,11'••1• C': 11.P r.. 1 w,.r I 1 .. I ` '1 . III' . ' '..: f' ..flit. l'. L• 11•.J. 1',:/aLt, '1!ti„I'It :.,.. '.' l:^a _s -'I' I'i Il:l •I:"1 t 1f. 1 I dli l.: 1' •• Wd 1' _• fll:. 1..: Y Ii l , : 1 i. 1'I I_.'• .i' i• •ra 1. 1r• ' tLl'Lt-:.s - t(.• 1-; .1i71_%1 L1Vr; n.:• •l: I`I rrl rpyfl.I ' "'n'I ,I lq .\ 11..11:, Ne1l••• Jo'.'rl 'I.: J',• • ..•. f• ., a. .... d 'I`r 1 . .1'.,•y-.,' r III •I:'. LI �.. 1 • .f 1. n.",f ."111, -, 11. I... :' 1 II- , 't. " 1 rv:al' °l' e• i " Yt' } I Y4• v .,-:y .:I, v •'1 I t r'" '• ( P II' ' t : i1 1 : 3• C' S r: t (. ' ...'•.I P ' .' l l P r• I f 1:11', : • 11' I ,: . ..., 3 1) Payrolls and bas¢.-PccrCs La.- n/..I f I. ...... r I I •1 .f ' :. ••,] r Y ti l,• ! , •,fl : •r : ': ( ' 1' 1 A. •. • , f 1. f I • I , I • . 1 }..;1.11 .Y'1, , ul•Il,.1v • • /• . ,r I.1 1•. 1 •tl)Il tits is enforceable, Vial the plan or program is tulanc.aty responsrb C. and that the plan or program Pas been conmcnicated In wri'ing Ic Inc Id 'er s or mechanics affected, a^d records we1^ welch show e costs anti: - or the ack13 cost r-'currec i^ provrd'rc su(•h Ile^efr_s Corrraclors Uy uig appn'r:l C es or Liar I•nder air• ,v('d pr Cq ra ns shal: main:•II: wr'lien !•v dent.,- of till Iegist. a'ion of apprrnl cochl:' pr(wjrams and terlr' C' LLr of Mann,",- ptoglams, Inn (eW 1 a'lon of tie apprr rtices and ti&mP.',, the rates and wane rates prescribed in the as:: cable prog"ams ( loved bV 1l'P O'fi e 01 ffanagen cit erd Budce' unde- OMF (.on:rol h1'nbr'• 1;1!-n1dpa^c •?•5-0C1, . Ii,) (a] 11,0 t. ,r,l ac'(,par sl'bl" weer ly ;rP:,r,'. wt .I r'w"I I d'r ('Ilali w11rk 'S[ eii,mrtC a)' a ( tq V ti a :IOl } II. III''' ofr et I t agentf sat l'a 11 'he r.<.^tin:• l 11111 life ajF1' 1 • ('o' sI,LJI a:'r the LGn'rac toe w'I submit tie payroll' 1• The i'f rut ii.' '4+)n',or, Cl Cwnar. 13`1"r (:1' i s i illy hi-. Ii' I a.lNrm i-'^:,'ItIt1:r'S•1 • :r l•a• jie[LY' I' f MOO atnl 4 ti NLII ..(( ora;,, y drd .:Cmr('eI),it 0' Pt ^fL""f. t.,l 1Iet1 tl i.,- r.11' .-.J1 •a„ J" • Ol•ya r. tI, r1 '.:t: I I V;-1'4:.' 4 1..1 •' ✓ • , U 1„ [ lliIn IN I. ' P: l 1 ✓ t.l Y( 11.: , • II, ,.i rv, .';.del. .t i F I c.,! l'(•:"'I '--.1 f,. .err r ••,• l u' T.. ; . .. ,•,, .1 .. I,... ..Y1^.',. I .."ill :• 1 ; r I I . i '^•. ,.f {...1. J ....• . :.11 1 .ells: f, Ir1.1::•r 11• (A(CCI Mr.-.' nrli and lL dgrl unij. (I' (jr I I 1:•'l bee (11) 1 aL I1 r'.v-', 11.1! m1:<„d ; t a6 LP a: I -fit'..ni,A l.r a tLf1':'nrnf' lot al IC e. ^fired hl POP rontra( for I I pJl l l :,'ii:' r I'I•• Cr `P' ai;P' I I, i r -011.1 IN L1 :"•' { dy nP , 1 t'll• { u•"d • •,' j ,ee4 LJ!'dol II.,' (1) 11:.1 'it ,.3 yl n• ••+f'ht f,"' ;, • 4f' Lo n. 1 f„i ,! :111 • .,1.1 r1 1 f1 f n1^: 11 ill I. I ., L .. (�I t1 u" Paf II I.il I; P or " a1': • . 11• I. t: 11.'t.i f1•1 •t kC! .and l"a•"'( III ytd Cl fill- l (1F.,1(I 11D'1' 4'I't'ii3U illy. beenpaid the fill µt ( . IN w:31pn., ••a' -a(: w 1110,,' let a'f P lixa O'u•( I c- Ind re^ti y, pn(l that no decut"'on'• • n: ✓ het r "'.i OP e lhrl CIfi d • tll rid 1 1 C. m v the l.. I w)'('S Patd, or'••t` pr ' 3^ •nn ; 5lr deduct u_- as ; I�I in :G CIA Pa^.3 (3) l ha: ,-:,t 1' I:ibonn Cf ti c r: r.e Pali Lvt r : n d r'nf Ir 1'4i a.a• ICabIP w3c( I: te'. 3"'d 'r line 1)vni-4 :' r; ( a} 3 PL.I, v,0 rn•y Ipr 't t t nP ',of, of we'• perinmi"C ,f; strr'lu'd ,r. re ;•p( • 1: ' as :e dt brill' 1 IPct:.4ifaier! r:.: e'( towrri t Ic) 1_t w,q•Lly 5i11$( On :I! a . "1' • t ,.• . :P., I, rl: it.if r,n ;1•' lib fill tll'' I,''',r • r . y4I. CI C).:•1• •1 ' flail 1 N' 1,•t 1. I' I r rN'IfI III'n l••' I ,L t. • -: ".: ; . •." r1 .Y.,: I..1 . 1 Val"A,+'• • 11?•' 'r:,: (d;-i lls 'i!-f. iii', l 31)v `Ilia pl 1.. I✓II.f I•' 11:V -,.11•,••r ^rlrOr if/Gr ;fc•.'t l%l..f r; f^Cu11r1 .. t I 1�1 of 11:1, 1a .1Pd !.I-, 'v' ..'11 •-' (•.,l. 11,. .1'. L..''... (11 j 1' 1 t'; " . I •.1 •:.r :,111.1 " . l'. . ,.r a It I 1'1 I 'I4 . rfI a., 1 \11 i1':'dl :. "I'11•1.11• llgli II .f. 1 f •i' ' L'. 1: 1.1*.. {(s+N P ; rI ,I, .. .. ' I i;, 1.' I I I " I <I .• •.' :.'.,.: I .i : pr.:l V i1 i '1 • .. : „ 1` J 1, ,, ..w ''(j/VEst � • w:r }(.r \Ili :.1:1: ' Id ••a 1 ,: (1•.:.. Cr ., I:,.:' ' ! r':::he 1'• I. : eta I I r. •• 1 r• I i- 1J ',1:i apt. , 1,1.1 wnit t r LILT I ' ^ 1 1 'a r .f.: IIN. L] -I, S: dr:' I, ;I' 1 a : ] ' ' •f. 1 .f 1. .q,. • 1 • . IT,: Ira,- WA .S : rrl '• Irf1 w .1 1 I . . • ' ; . .. •. 'S. I: v'1 ., :: III• ', 1 . I. I apprentice. The allowable ratio of apprentices 10 jocrneymen on the job s to in any craft class fication shall not be greater than the ratio peimired to the contractor as Ic the enjre work force unde- Lie registered program Any worrier itied on a-ayro'I a: w' app -entice wage rate w'Ic is rol iegisle-ed or c;hrrw s'• employed as staid above, shal lie paid nor less than the appl cable wage rate on the wage ceterm rlatlor lot lbe cl3ssll catior C' work actual y pe'lprmcd In add fro": any a.'•p.renhcP perforinng work or tie 1/5111' I^ Plce:.s of 1'-f ral'o permitted under Ihe'eg s!ercd program I he :• 3er: ❑C1 Ili -,s !flan tile appl'a3: P Wa_'.P rate on the wage Cetenr' 1 -I 'r.'(11 It r. \v: -k a(.1ual v ped.-iimed V'Piv' a Conrdtltr Is perk -min' 1 "fl' : 111! 'Ir•1''('1' i 'd•Ct III: rl( al':y 1"1`t r 1` 3^ t a1111 whit 11 ills plO<i.fmI f• ,r L9n;, I"1 'd' CL and wage fall's to [Ir11-.rd jre C' f((^:u'Oe:, Cl fill, 1( bf I .Ani.l . I o4lrly ral.; ,-peril lid in fie t,ci tract• ' s or stile elite,1rte 's rrq. It.l Pd pr tali an I .uI he observt'c 1 very a;' n•^Liles r]uU be Paid at not 1.1-3- If r •.3 ✓ yl"e' I'IVr1 in v I rl•.�I,1e...91,-Kell• On I. Ii app•en'll'1`:. rV' -1 :'r(ii li' P.ple,^sPC a: a P"q Pri.fq'• pi r.r 1t J"L•11r. r 'L rIV ra'1 .; ;'n a:.r w3a C•,rn'3;1 6l'pr' ... `31 he: I: In. ,t• In ..... .r. •rail„ .i';.VA iI v LI:'I I,; I• ' . r ,.[: n r I I 1 1 ', i f r:.,, •. r :. v' I; rl iI 1✓''I f'lll . ln, r.11J I' 't' I'•'''lp rIr • .f' ', • t'I. , , I i. t 1 1 '. 1 . : 'y. 1 t ' ' i' 'I I ••I' :I:II, ' II Isif, N': ^.. I it-% it r t e I ht ItI ,"•V: '.,, isle d: i I Ia: 1 ar.I't,' ,-,l'iCdl (,e IN r lie" sllal be paid I I act UfGnrce wit': I•a1 ..4 rll'•nal On Ii' ti re + .11In4. 1• .".1 1 Of A rpi -iv a C' 111) 111- d - ra III I1,) 0' a SL31t /.111 1 en A o}t ifL Ay(•nt J -I-ros'^i?CC Cy the I].•11. 3.. K the laws a;:pr ova Cl 1I -I a(rr' rt •''' i rr'^I}n 1"t LU"'Ii.,Gt' WII '1. 1.:'e' IM fk rr1'titd 1(. u:ii ON' 1iII r("11.:i---I' Ar O.e I 1[1.1, ]:'t "1.' r'11' tu'. Irf:n I' 'I' Kt`•` r ...,t I n•l •', U• I. .f 1 (l(e el i'i 11' ; L I' -Ors ': .1,:- ( eiramtN-: Itl1'11,1' ; "`I:, - f (Ih:111!43^at' W'•^:Ihe . "I.,. N r,: l' 1',r he1' 11.1', 1f'r i",'.i'1 I lit J.•" 1y1 . .. I Ij• I i• ••. .111 1 I l 1, v't1 ' 1: 1. 3''' II a'.. I ,:.a \ reel.: 1 1( : 1 .; fill .l^ dt I:.!ih! 1. ,'.i-d;d.' ,Is; •tId l.\Ida^, ••.l t: 1Uflr3. ce it 1.; 1,1 by :he U 6 D.-'arin f lit .d o' Li, , I mp:oynenl a^I cn fling Ac rl I 1 ,i-ticl l 1 fa"e of Ii ands to j('.I"1l.•)'ll 1-r C' 1c Ice sic sh3 I ro: be gear•,- 'ban f •'relief, lJ :Cr It e.<n a.%;rf.\'a1 by 11'c Lrtip nymenl and to sling Adrr ri,s1'aion F very !ralnee rest 1w as d a: 'ice ie' ina- 11 a "Ili •O(i 11M 1r, r't -1F-.''^ "C I r(w- - ^r she :id life a le'( Cl T'0l1'("fi I:]I •'•:`r: r]1 a pP"r ^'art' of ti.t-1 J. fel'n d" IIOj ) rfe e.-.t•e flo..4 1" 11 t II'::.cah't K'3:a d'.':'ar ril-'a11"I : r: I;I-i- Shn i LY' ri' d Ii lit• helle'l1s in .o •JV'l ^(r w•:1 1.1 p'ovlllo"s cl 1' a l'd r et C UO'a^ t the t:a'. re (-1 I L"' 11? I ter fu'.'a L '. is 1 13 'tt', S ,--: : 1 e p ] G :he 1u1 UT 1:11' (''Iii ni'- 1'r'nr' its lea.',: e . 1'! K 1Q( (jell'IT if.? C' ur.i(.,c 11-t 1•r•- :.,1:'A r.f 11 PN i�Yi3n(':'I d F :ll.l'.l' C e14 — 11.1.1•'.:'.,11 a 1 11- I ar i" •i 11,111 W :f t • 11'• PI.'I(1. ' l'IlI1'\I d 1 Nf.' al' l :'a Ny:' d• 111 .' d' if I:"'t "<P 1" 'I ':1 henel t. 1',i r.: us Artrrrpll'v.'I ,- ec1 :"I l .ay1O -1: 3 er'.If ( P'%iUe :1 ••,f.Nn,II df.1rit.:, 1I J✓d 1,111 ['-'[ 1 ,.' -1-r.lIT-,-.'-:A r -.( i,.! .I.' Of !14 ]:: • 1. 'r .. tl! ......F I w. -1d sill r, O.I. K: .t' I:,''1 r".' i'.1 -I 'I't w: IM I I I' i' 1 :'.y r' ••.•r.;.. rr" . A"r (`I t•.r I , !' av ,_ , , ' .F . Ire. u . u.. '1 : i ' " :Ild . l' {'. ,1 1 1]"'• .. •.11 ''ii' • I I ti 1 .V. Ct.: '. ,-.LtI 'yr till, w. '1 [I.].v :l""'It 1.: Lr 11'P.O ,,sirs." C 7 L,,Pr l.ht,11 P. 1• i K :I'..• •0• yi 1 'ov: r I :1 1l. •' f :' a ...fl 1: r V. 1. IN, r ' :✓ :. i' .1 1'. . ]: f •1 1'I : i ; ]: q : II I loi a. .. r ✓d . I ai . 'Y' df .: I.i r ,•.q., 1• .1 I (I']' (`l 1111,TI•Ill 0:40111 .'\ I • . . 1€4• 'I ' ( !.r• 1 .rt 1 I N : \(jI • ( (: I-. i (I .. I. 1 1 . I , • • • . • N. I . 1 •B 1:11(1 .• `'. Contracte termination: debarment. A breach cf Ihr ronl tact c:al.ses •n 99 CPR 5.5 may be g'cr.nds for termination of the contract and for cehar- ment as a contractor and a subcontractoas provided in 29 (t -A 5.1:. I. Compfance with Davis -Bacon and Related Act Reeuirements. All ii - a1 'rtrrp'rat ors of :he Davis Bacorl a -'c beta'( d ACL corita r. r r : e CI R Pa s 1. 3. and 5 are herein ua C rporatlyl fit rf:I, - -.te cnnract 'Dispates concerning labor sandards C c: ( ll� a' : ' 1 r...ti' lit cards r-cv.s 01150' lilts cent-ar! she I rot be sut-ec: to dole q1 5...tes clause of ti, S con:rat SUC' d'cpotras sha ! 4 u•rnbt C diner w1P1 I'(- proc edu I CS O' :he F'e p. it neril no I.ihr• •.-; It nl^ r' 2' ( L r. iS f: and i. D1:pU1bS wr11111 P V nerfnPY, r' uw, : I-' I r•. 'r(%l' t" es actwee't ll,(- ctrlracl& r bpr .i 1) or d: MIl'11 : ra( II -•.) .rid I,U: % r •• slgree. the 1, S Depar'men! CI labor, or the e•iipl'.). •' . I I' 111 I Ppresena U,1 •C Ii; Certification of L-ig•bility Eiv e'lrirn,; 1 x It , - l I ' I"dl l '.e 1 . .•.'U1 rerL'wS ;1L1' no 1110' d 1^br I: SI P1 nor 3' r I' •• r (^ In I w , n' I laa'a•,t I', 1"t n.'11a41„' : Irr .. i l"•,.`, %' • � I .Ai fa 'Ia y... I I ... -ti.,' -L, .t ' 1 . IC'..'I ..1 r I ♦' II to A.'I-?(I CF 116'1 alI If 111 Iu-aw,A1'r..; t•1; •11 II . (11) 1,,1 [.iflt t l 111%U""In(I S' ills.. t(r l•••I y"' .'•r l Inr'1.gt: Ill lot nwald 0 a (;(lr•r wr%I (.fill' IC::.l J I;Ia1 I •1 :-nr'If fl I laves S,con Act if 2Q CF H. ' 12(,,:i: u - ti, be 9wi, rc Pl: H;1:, r(•1: l i anic p•+t" in HUI) cr; gran, punuani lu .. ( 1 R i'dii Iii) T' e p--alty to, na'Crc 'alsr !ttv1 err` I' Lrr•.. •ibi •.'. 11• t•• I1; (rto n,]1 Cod,. 1e LSC; 1(X'1 Ad d1I .'n„ y .I- ...^don I'd,. Ii' ' .11'C,. 11•ttrrdlHr )..: rd,.:i' ..I .. -,. '..1. t. l.V I .r I' i', 'YJh µ Y'i laid li L.ta 1 r` II .JO r ( ' .il Y NNd I ,r "r} 1 :d i,e At'r" '1 .1•P' , I' ^' I'I w'•13 Vie :e•np elf h!•1,1^a' ••;'l he h'1' .1' ' f I.• . tisfir vie r1C" 'idle :''all IN: yrl , .1 Complaints, Proceedings, or Teslimony by I vii cyees. Ni I.ibc I c'1aru; to wlluni the wage, sal.ny. Cl other at..', d r- n•:, p•t .I, L. • :: th.a Contract are a. -.L 4G9b c shall h.•• di -r9.9. : , - It.: ' n rarer -1':lr:r r, I(`rlrrina'(c ay' iIns1 by the Co^llac'nr qr ally : ❑bc'lla( I'; IN'( ILL.e a ,I livee '1as fled a' y COn pL31"1 Or rf lrtjl. .: O: (,'I 't • " `.,'- :U'r •% prn,reecn•C of 185 teSlif•cc u' 1., pbou"u a .' :1:- In . r., I• (Sit C sic : rider or •P 911' ::o ILr ILbnr st r1c ,-C. ei•pl I :it :I .,r 0+011 p,1. t.: r.t .f1 1 l e npl.'ye- Ccnlracl Work Hours and Safely Stsndards Act L: i1 . C'h-l}.. Iw-riv' ,shard rc•' 3•-41' rµ•41;1r n•, •nl 1':I v- 1'' r.'1•• a^d (1)OvednerrglPremen:s. IN.(:'l d''..r. ,t'1•. ,•••.1 r( oat -ac, % iri w• I, I r I•.B. -111•• iI.'^i to rllabnii is f'm': "ar..Ip slid IrI:, IJ:1. 11r . '••14',d` n:1 lit, 11• iivr.!1r3 I r'3"v we"4 y.Pl"( to 'St', ••r o- ,',. ♦ry t I ''w1•'L • .tfl II e;c: ' , , 1 4 (]Ii Irr .1a 11' all, --.3 r.r-ddi :. ., r 1 I a l.. 'h,i , A.•nY ('1l.' • Ili •- i.i! ' dot ' I r nI +'• 4' ' I [I I I pe-sa lof dl a rase nct ess than one ac o-+c-hal' times the basic .f*. u' pry lo- all hou-:. worked in excess of eight ncl.rs in any ralend9' day e- III exresS o'Dill] "curs in s.ic` wc'rweer-. whir' -ever iS g"Pall. (2) V•olalion. I ability for unpaid wages; liquidaled carriages. h Ye ey, n, ;I : ry IOI,i lOd 0t rte cldu'-'r s' ': rth in S.ILparacr:ip1 ( ) (111• i .Y3;fri r'1. I le ccrll'ac'or d-'i111y SUX. :C -'l1 i.CIL 'I'^.:: Jrl'! u t"C thl•r l'I' r }I.} i . I pia'• I. " it t Lr.r3' A'3;;1.s I , .lddl: U^ sl•( 11 %(1^b:3pl,1r and s,Aicon- tr.tl.t. - -1'(.: I1" I It't' h. 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It'.•II.•-^•..r ',d '0 ,I.1r. 11']11 I F?"DLob 0--3 I ' SECTION 3 Compliance Compliance with the provisions of Section 3, the regulations set forth in 24 CFZ 135, anc all applicab!e riles and orcers issued hereunder prior to the execution of this contract, shail he • a condition of the Federal financial assistance provicec under this contract and binding upon inc Contractor and any suacontract )rs. Fai we to t,iltld these requirements s'iall subject t'ie Contractor and subcontractors, tneir successors and assigns, to those sanctions specitied by the Agreement through which federal assistance is provided. 1 he Contractor certifies and agree :s !hat no xcitractual or otl.or disability exists which WJI,IC preven.i comp lance w those lir(1H''1its . the Contractor further agrees to ccniply writi these Section 3' requirements and :o Include the following language in all subcontracts executed under this Agreemer:- '1 he work to ba performeo tinder this contract is a project ass'sted tinder a program providu:g direct reeeral linancia assislaricc front ' I LJD and is ~abject to :tic requrericnts o< Section 3 of the !ious.ng and Urban D"velop:t:e•11 Ac, of 1968, as amended 12 J.S.C. 1101. Section 3 requires ,flat to the greatest exler: leash) e cpporlanrlies for training and employmenl ' be given to low and very low-income resieews of the project area anc contracts t.r work in conr'eclion w th the project be awarded to busiiess concerns that provide economic opportunities for ow anc, very low-income persons residing; in the melropolitai; area in wnich the project is located.' 1 he Contractor further agrees to ensure that opportunities tor training anc employment arising in cornection with a housirg rehabilitation (including reduction and abatement of lead -Vasco pant hazards). housing construction, or other public construction project are given to low- ann ' very :o1s income persons residing within lne rle;ropn iian area i❑ which the CDBG to toed protect is located; where feasi.le. briority sh• u d be giver: to low- and very Icw-'ncorie petsor:s within the service arca of the oroject or the neighborhood it which the project :s 'ocated, and to row- and very low-income, participants ;n other IAUD programs; are award contracts 'or weak undertaken in ccnnec:v0r witri a ho.rsrlp, relhahi itation (Including reduc:ior aria ahatenieni of eac-basc'd :)a'nt riazards). housing ccnstri.ctior a' other public cors:ruc:ior ' :)rojeel are given tc: business concerns that provide econorrirr; opportunities for low- and very ow -income persons res drip with Ii the metropolitan area in which the CDBG-funcec project is u,: ateo; where easibie, pric;rity sicu d be given ,c business concerns which prov de i'Cn' ante op;)orturi :ies to low- a-iC very l(iw-irwor1'e :%2rtrci: anrs •n other HUD programs. I f.-. is ! t(�' ('!"tititc ar (t e,pf(•;, Ilia; Iii' 1 :'i1tie1 ti!f :'--ii iop i hear deity ('Y dc 12AIIJ r1 1 i (' i.(i , i( ,'f'• t (•(1')�. i' are(:(' Pettit ii "t• rf It .lr� n'' it �. Notifications The Contractor agrees to send to eacn lahor orgar.va:ion or •ei;reseaiative of workers with ' which it has a collect ye bargaining apreerient or c:he' contract o• undvrctandng. if any, a notice advising said labor crgan.7atror: or worker's represwita l%. : it. : omrritr,rer.s under this Sccticr 3 clause ago shal post copies o1 t`'(-1' '' rr consl: cirrus [:lanes ava lzl?le to employees ant app:icants for employment or training. Subcontracts ' Tho t;ar:racrnr Will W. u•.tc• Hr.• Srcfurr 3 c a.rsr .n''verb 1.!r: 'I ,:r�: r :';.f II Uikr rl.l r:a,nat( a:;ho r acr sLa.lt .n tiro u:rc „nlrac:upol- o 11-1:,1,7 'hot 1'ir u1- : 1-:1 a• 1(1'> s u• vinlollan o1 ' regu;aticiis .s¼uod :;v till, f;rznto' cf'cn:'y]I1' ..0 lirarlrn t:ith e i, f'• "v r:n'�rr .t IiaS r:otr v or know edfa'nal ih Ifz'r I as teen iourd in vluatu,rr of rver::d'rr, LFUPI 24 UH 13- a:ru w,1 not let any cuncontrac: un•ess the entity has first f;•ovufr=-d it with a lr mrrary staterneni o1 ahedy to comply w•th the regr.lrernents of Inese regi.lar ons. I I IT L I C II 11 I H I I • • • •• •Y • ..i '�y • •.... •. ' I •• . •T• : rY {r LPL `:y lei •S• •.L••. • . • - . . - . r" .'•• • •• •• •1•. AN 1 • •Y • .,• I 1 • '. fJ �J L • • 1 ' .. L • • • •• I .. .. •• .• 1 i { • •• • • Y • L , • • l 1 ,•. • _ • • • -U J• • 'r •r , I•• ' •1• • `, • 1 • 2 f• •.' _ eJ•••. V n •'. r• . Y•• • • r 1•tin:• . a No •..• • '• '. 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Y. • z. .i I I I I I I I L I I I I I L C 1 H SECTION 01000 ABBREVIATIONS PART 1 GENERAL A. Whenever in these Contract Documents the following abbreviations are used, the intent and meaning shall be interpreted as follows: AA Aluminum Association AAMA Architectural Aluminum Manufacturers' Association AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AFBMA Anti -Friction Bearing Manufacturers' Association AGA American Gas Association AGMA American Gear Manufacturers' Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction MICA Air Moving and Conditioning Association ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute AREA American Railway Engineering Association ASAE American Society of Agricultural Engineers ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating and Air -Conditioning Engineers, Inc. ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWS American Welding Society AWPA American Wood Preservers' Association AWPB American Wood Preservers Bureau AWWA American Water Works Association BHMA Builders Hardware Manufacturers' Association CBMA Certified Ballast Manufacturers' Association CDA Copper Development Association CISPI Cast Iron Soil Pipe Institute CMAA Crane Manufacturers' Association of America CRSI Concrete Reinforcing Steel Institute Section 01000 - 1 I EPA Environmental Protection Agency Fed. Spec. Federal Specifications ' HI Hydraulic Institute HMI Hoist Manufacturers' Institute ICBO International Conference of Building Officials IEEE Institute of Electrical and Electronics Engineers, Inc. ICEA Insulated Cable Engineers' Association ISA Instrument Society of America ' JIC Joint Industry Conferences of Hydraulic Manufacturers ' MMA Monorail Manufacturers' Association NBHA National Builders' Hardware Association NEC National Electrical Code ' NEMA National Electrical Manufacturers' Association NESC National Electric Safety Code 1 NFPA National Fire Protection Association NLMA National Lumber Manufacturers' Association NWMA National Woodwork Manufacturers' Association ' OECI Overhead Electrical Crane Institute OSHA Occupational Safety and Health Act (both Federal and State) ' PS Product Standards Section - U.S. Department of Commerce RLM RLM Standards Institute, Inc. RMA Rubber Manufacturers' Association ' SAE Society of Automotive Engineers SDI Steel Door Institute SSPC Steel Structures Painting Council ' TEMA Tubular Exchanger Manufacturers' Association TCA Tile Council of America UBC Uniform Building Code UL Underwriters' Laboratories, Inc. WWPA Western Wood Products Association L I Section 01000 - 2 I I SECTION 01009 ' SUMMARY OF WORK PART 1 GENERAL ' 1.01 REQUIREMENTS INCLUDED A. This Section describes the project in general, and ' provides overview of the extent of the work to be performed. Detailed requirements and extent of work is stated in the applicable Specification Sections and is ' shown on the Drawings. The Contractor shall, except as otherwise specifically stated herein or in any applicable parts of the Contract Documents, provide and pay for all labor, materials, equipment, tools, construction equipment, and other facilities and services necessary for proper execution, and completion of his work. ' 1.02 REASONABLY IMPLIED PARTS OF THE WORK SHALL BE DONE THOUGH ABSENT FROM SPECIFICATIONS A. Any part of the work which is not mentioned in the Specifications but is shown on the Drawings, or any part not shown on the Drawings but described in the Specifications, or any part not shown on the Drawings nor described in the Specifications, but which is necessary or normally required as a part of such work, or is necessary or required to make each installation satisfactorily and legally operable, shall be performed by the contractor as incidental work without extra cost to the Owner, as if fully described in the Specifications and shown on the Drawings, and the expense thereof shall be included in the applicable unit prices or lump sum bid for the work. ' 1.03 DESCRIPTION OF THE PROJECT A. Work included in these Contract Documents consists of providing inprovements to streets, including curb and ' gutter, paving, storm drainage, sidewalks, guard rails, and hand rails, complete and in place as shown on the Drawings. More specifically, the project will require tthe following; 1. Mobilization/Demobilization 2. Earthwork; Including clearing and grubbing, waste excavation, unclassified excavation and trench excavation. Section 01009 - 1 [] 3. Storm Drainage Construction; Including reinforced concrete pipe installation, reinforced concrete drop inlets, french drain, and headwalls. 4. Pavement Construction; Including concrete and asphalt surfacing, pavement joints and sealant, curb and gutter, access roads, sidewalks, and pavement marking. 5. The contractor, working closely with the Engineer's Representative and using the plans as a guide, shall layout and stake the various phases of this project. The contractor shall stake the grade on the curb and gutter to minimize excavation of the existing pavement and the need for Asphalt leveling course. 6. Seeding and mulching. PART 2 PRODUCTS 2.01 MATERIALS A. PART 3 I 3.01 1 A. B. 3.02 A. 1 Products shall be as specified or Engineer approved equal. CONTRACTOR RESPONSIBILITIES GENERAL CONSTRUCTION WORK The Contractor shall execute all work, including the work described, as well as final clean-up. The Contractor shall coordinate his work with the Engineer and the City of Fayetteville. DRAWINGS Drawings are bound separately and consist of 24 sheets. END OF SECTION Section 01009 - 2 I I IPART 1 GENERAL I L I II I I I 1 I I C I I I SECTION 01011 SITE CONDITIONS 1.01 SITE INVESTIGATION AND REPRESENTATION A. The Contractor acknowledges by submission of his Bid that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, river stages, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during the prosecution of the work and all other matters which can in any way affect the work or the cost thereof under this Contract. B. The Contractor further acknowledges by submission of his Bid that he has satisfied himself as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site. Any failure by the Contractor to acquaint himself with all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work. C. Prospective Bidders are invited, make subsurface investigations, excavation, as may be desirable, such work be scheduled by appoin Bidders are not authorized to during these investigations. at their own expense, to by boring or test hole provided, however, that tment with the Engineer. enter private property D. In the event subsurface or latent physical conditions are found materially different from those indicated in these Documents, and differing materially from those ordinarily encountered in the project area and generally recognized as inhering in the character of work covered in these Contract Documents, the Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of such changed conditions. E. The Engineer will investigate such conditions promptly and following this investigation, the Contractor shall proceed with the work, unless otherwise instructed by the Engineer. If the Engineer finds that such conditions do so materially differ and cause an increase or decrease in Section 01011-1 I I the cost of, or in the time required for performing the work, the Engineer will recommend to the Owner the amount ' of adjustment in cost and time he considers reasonable. The Owner will make the final decision on all Change Orders to the Contract regarding any adjustment in cost or time for completion. 1.02 EXISTING UTILITIES A. Utilities into the vicinity of the project include water, sewage, television, gas, telephone, and electric lines. Information is shown on the Drawings relative to the general location of these utilities. Since specific 1 utility locations are not shown on the Drawings for all utilities, the Contractor shall carefully coordinate the location of utilities. No compensation will be paid to ' the Contractor, due to costs associated with damages to utilities or to costs associated with locating/avoiding same. ' 1.O3 CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE IA. Notify all utility offices that are affected by the construction operation at least 48 hours in advance. Under no circumstances expose any utility without first ' obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities. B. The Contractor shall be solely and directly responsible to the Owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, ' suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Contract. IC. Neither the Owner nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the work. D. In the event of interruption to utility services as a ' result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service ' as promptly as possible and bear all costs of repair. In Inc event shall interruption of any utility service be allowed outside working hours unless granted by the owner of the utility. Section 01O11 - 2 1 J ' E. The Contractor shall replace, at his own expense, any and all existing utilities or structures damaged during ' construction. 1.04 NAMES OF KNOWN UTILITIES SERVING THE AREA A. The following is a list of the major public utilities serving the work area indicating the name and telephone number of the responsible authority of the various utilities which should be notified if conflicts or emergencies arise during the progress of the work: Name Authority Telephone Water & Sewer Fayetteville Water Dept. 501-521-8050 Telephone Southwestern Bell Enterprise 9800 1-800-482-8998 Gas Arkansas Western Gas 501-521-5400 Electricity Southwestern Electric 501-521-2400 Power Company Electricity Ozarks Electric Coop. 501-521-2900 Television Warner Cable 501-521-1368 1-800-482-8998 1.05 FIELD RELOCATION IA. The relocation of the Gas Meters shall be made by Arkansas Western Gas. Arkansas Western Gas needs 4 weeks notice to schedule the relocation. ' The relocation of the water meters shall be at the approval of the Fayetteville Water Department. During the progress of the construction any relocation other than those shown on the plans shall be at the direction of the Engineer. If the Contractor encounters utilities or other structures that conflict with the construction, he shall notify the Engineer. ' 1.06 PAYMENT A. Payment for the relocation of Gas Meters shall be in the Contractor's Proposal for "Relocation Gas Meter," each. Section 01011-3 I SECTION 01014 PROTECTION OF THE ENVIRONMENT PART 1 GENERAL ' 1.01 WORK AREAS A. The Contractor shall maintain all work areas within and outside the project boundaries free from environmental pollution which would be in violation to any federal, state, or local regulations. 1.02 STORM WATER AND EROSION CONTROL IA. The Contractor shall comply in all ways with the Arkansas Department of Pollution Control and Ecology (ADPC&E} Requirements for area disturbed that are less than five I(S) acres. 1.03 PROTECTION OF AIR QUALITY IA. Trash burning will not be permitted on the construction site. ' B. If temporary heating devices are necessary for protection of the work, such devices shall be of an approved type that will not cause pollution of the air. ' 1.04 CONSTRUCTION NOISE CONTROL A. The Contractor shall conduct all his work, use ' appropriate construction methods and equipment, all as necessary so that noise emanating from the process or any related tool or equipment will not be disturbing to ' adjacent apartments. 1.05 NIGHTTIME WORK IA. If the Contractor desires to perform any work between the hours of 6 P.M. and 7 A.M., he shall obtain approval of the Engineer and all necessary permits from the ' appropriate agencies and make all necessary arrangements prior to commencing. [1 Section 01014 - 1 1 H ' SECTION 01016 SAFETY REQUIREMENTS AND PROTECTION OF PROPERTY PART 1 GENERAL ' 1.01 CONTRACTOR'S RESPONSIBILITY FOR SAFETY IA. The Contractor shall do whatever work is necessary for safety and be solely and completely responsible for conditions of the jobsite, including safety of all persons (including employees) and property during the ' Contract period. This requirement shall apply continuously and not be limited to normal working hours. ' 1.02 FEDERAL, STATE, AND LOCAL SAFETY REQUIREMENTS A. Safety provisions shall conform to the Federal and State Department of Labor Occupational Safety Health Act (OSHA), and all other applicable federal, state, county, and local laws, ordinances, codes, the requirements set forth herein, and any regulations that may be specified in other parts of these Contract Documents. Where any of these are in conflict, the more stringent requirements shall be followed. The Contractor's failure to ' thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth therein. ' 1.03 SAFE ACCESS BY FEDERAL, STATE, AND LOCAL GOVERNMENT OFFICIALS IA. The Contractor shall at all times provide proper facilities for safe access to the work by authorized officials. ' 1.04 SAFETY EQUIPMENT A. The Contractor, as part of his safety program, shall ' maintain at his office or other well-known place at the jobsite, safety equipment applicable to the work as prescribed by the governing safety authorities, all ' articles necessary for giving first -aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor's care of any person who may be injured on the jobsite. 1 ' Section 01016 - 1 I B. The performance of all work and all completed construction, particularly with respect to ladders, platforms, structure openings, scaffolding, shoring, ' lagging, machinery guards and the like, shall be in accordance with the applicable governing safety authorities. 1.05 ACCIDENT REPORTS IA. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the Engineer. In addition, the Contractor must promptly report in writing to the ' Engineer all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site, giving full details and ' statements of witnesses. B. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the ' Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. 1.06 TRAFFIC SAFETY AND ACCESS TO PROPERTY A. Comply with all rules and regulations of the city, state, and county authorities regarding closing or restricting the use of public streets or highways. No public or private road shall be closed, except by express permission of the Owner. Conduct the work so as to assure the least possible obstruction to traffic and normal commercial pursuits. The convenience of the general public and residents adjacent to the project, and ' the protection of persons and property are of prime importance and shall be provided for in an adequate and satisfactory manner. B. When flagmen and guards are required by regulation or when deemed necessary for safety, they shall be furnished with approved orange wearing apparel and other regulation traffic control devices. 1.07 TRAFFIC CONTROL A. Traffic control procedures and devices used on all local, county, and state rights -of -way shall meet the requirements of the applicable current laws and regulations for traffic control. Section 01016 - 2 [_l I 1.08 ACCESS FOR POLICE A. The Contractor shall leave his night emergency telephone ' number or numbers with the Owner, Police Department and Sheriff's offices, so that contact may be made easily at all times. 1.09 FIRE PREVENTION AND PROTECTION A. The Contractor shall perform all work in a fire -safe ' manner and shall supply and maintain on the site adequate fire -fighting equipment capable of extinguishing incipient fires. The Contractor shall comply with ' applicable federal, local, and state fire -prevention regulations. Where these regulations do not apply, applicable parts of the National Fire Prevention Standards for Safeguarding Building Construction Operations, (NFPA No. 241) shall be followed. 1.10 CONTRACTOR TO SAFEGUARD EXISTING UTILITIES ' A. The Contractor shall perform all work, including excavation, dewatering, and demolition operations, in ' such a manner as to avoid damage to existing fire hydrants, power poles, lighting standards, and all other existing utilities, public or private. See Section 01011, SITE CONDITIONS. 1.11 PROTECTION OF PUBLIC PROPERTY A. The Contractor shall employ such means and methods as necessary to adequately protect public property and property of the Owner against damage. In the event of damage to such property, the Contractor shall, at his own expense, immediately restore the property to a condition equal to its original condition and to the satisfaction of the Engineer and the owner of said property. ' B. The Contractor shall exercise due care to avoid damage to existing pipe and coatings, wrappings, conduit, or other existing utilities. Should the Contractor damage or displace any of the above, the Contractor shall repair same to the satisfaction of the Engineer and all expenses in connection therewith shall be borne solely by the Contractor. 1.12 TRENCH OR EXCAVATION SAFETY SYSTEMS ' A. The current edition of the Occupational Safety and Health Administration (OSHA) Standard for Excavation and Trench ' Safety Systems, 29 CFR 1926, subpart P, is hereby Section 01016 - 3 1 F] L J I I I incorporated into these Specifications by reference and shall be deemed to be included in the Contract the same as though herein written out in full. A copy of the OSHA documents is available at the City of Fayetteville Engineering Department Office. B. The work included in the Bid Proposal for "Excavation and Trench Safety Systems" shall include the lump sum amount for providing the safety systems required to comply with the OSHA Safety Standard set forth above, The Contractor shall comply with the provisions of said document for all excavations which equal or exceed 5 feet in depth. 1.13 PAYMENT A. No separate payment will be made for work under this Section, except the Lump Sum in the Bid Proposal for Excavation and Trench Safety (see Section 1.12,B). PART 2 1 PART 3 L I I I I I PRODUCTS Not Used EXECUTION Not Used END OF SECTION Section 01016 - 4 I I I PART 1 GENERAL SECTION 01027 APPLICATIONS FOR PAYMENT ' 1.01 REQUIREMENTS INCLUDED I H I I I I A. Procedures for preparation and submittal of Applications for Payment. 1.02 RELATED REQUIREMENTS A. Document 00500 - Owner -Contractor Agreement: Contract Sum , Amounts of Progress Payments, and Retainages, and times for submittals. B. Section 01300 - Submittals: Submittal procedures; Schedule of Values. C. Section 01700 - Contract Closeout: Final Payment. 1.03 FORMAT A. The Contractor shall furnish, within 5 days after agreed on cutoff date, a pay estimate for the current pay period. For the work, provide the following listing: Bid Item No. 1; Description of Work; Bid Quantity, Unit Price, Work Completed This Estimate, Value of Work, Work Completed to Date, Value of Work Retainage, Stored Materials, Approved Change Orders, Less Previous Payments, and Amount Due This Estimate. 1 1.04 PREPARATION OF APPLICATION I I L I A. Type required information or use media -driven printout. B. Execute certification by signature of authorized officer. C. Provide dollar value in each column for each line item for portion of Work performed and for stored products. D. List each authorized Change Order as an extension on continuation sheet, listing Change Order number and dollar amount as for an original item of work. E. Prepare Application for Final Payment as specified in Section 01700. Section 01027 - 1 1.05 SUBMITTAL PROCEDURES A. Submit ten (10) copies of each Application for Payment at times stipulated in Agreement. B. Submit under transmittal letter specified in Section 01300. 1.06 SUBSTANTIATING DATA A. Provide an invoice from the Material Supplier for every item of stored material for which payment is requested. B. When Engineer requires substantiating information, submit data justifying line item amounts in question. C. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Section 01027 - 2 I I I I I I I I I I I I I 11 I [.1 SECTION 01028 CHANGE ORDER PROCEDURES PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Procedures for processing Change Orders. 1.02 RELATED REQUIREMENTS A. Section 01700 - Contract Closeout: Project record documents. 1.03 SUBMITTALS A. Submit name changes, and Contractor's B. Change Order of the individua to be responsible employ of changes Form: As approved 1 authorized to accept for informing others in in the Work. by the Engineer. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT SUM AND CONTRACT TIME A. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. B. Provide data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. C. Support each claim for additional costs, and for work done, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. Section 01028 - 1 I II 1.05 PRELIMINARY PROCEDURES A. Engineer may submit a Proposal Request whicxr includes: Detailed description of change with sup ementary or ' revised Drawings and Specifications, the -projected time for executing the change and the period of time during which the requested price will be consid�ed valid. B. Contractor may initiate a change by submittal of a request to Engineer describing the proposed change with a statement of the reason for the change, and the effect Ion Contract Sum and Contract Time with full documentation. 1.06 CONSTRUCTION CHANGE AUTHORIZATION - WORK DIRECTIVE CHANGE A. Engineer may issue a directive, signed by Owner, instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. Directive will describe changes in the Work, and will designate method of determining any change in Contract Sum or Contract Time. C. Promptly execute the change in Work. 1.07 TIME AND MATERIAL - FORCE ACCOUNT CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits in Conditions of the Contract. B. Engineer will determine the change allowable in Contract Sum and Contract Time as provided in Conditions of the Contract. 1.08 EXECUTION OF CHANGE ORDERS A. Engineer will issue Change Orders for signatures of parties as provided in Conditions of the Contract. 1.09 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum as shown on Change Order. B. Promptly enter changes in Project Record Documents. Section 01028 - 2 SECTION 01210 PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor participation in preconstruction conferences. 1.02 RELATED REQUIREMENTS A. Section 01009 - Summary of Work: Administrative provisions. 1.03 PRECONSTRUCTION CONFERENCE A. Engineer will schedule conference within 15 days after notice of award. B. Attendance: Owner, Engineer and Contractor. C. Agenda: 1. Submittal of executed bonds and insurance certificates. 2. Execution of Owner -Contractor Agreement. 3. Distribution of Contract Documents. 4. Submittal of list of subcontractors, list of products, schedule of values, and progress schedule. 5. Designation of responsible personnel. 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal requests, change orders, and Contract closeout procedures. 7. Scheduling. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Section 01210 - 1 U ' SECTION 01311 ' SCHEDULE AND SEQUENCE OF OPERATIONS PART 1 GENERAL ' 1.01 CONSTRUCTION SCHEDULE GENERAL PROVISIONS A. No work shall be done between 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or legal holidays without the written permission of the Engineer. However, emergency work during these hours may be done without prior permission. 1.02 SEQUENCE OF CONSTRUCTION A. The Contractor shall submit a diagram or chart indicating the construction sequencing and duration of each construction activity. PART 2 PROGRESS OF THE WORK 2.01 GENERAL A. The work shall be started within 10 days of the Notice to Proceed from the Owner, and the work shall be executed with such progress as may be required to prevent any delay to other contractors or to the general completion of the project. B. The work shall be executed at such times and in or on such parts of the project, and with such forces, materials, and equipment to assure completion of the work in the time established by the Contract. 2.02 OVERTIME NOTICE A. See GENERAL CONDITIONS and SUPPLEMENTAL CONDITIONS. 2.03 PRECONSTRUCTION AND PROJECT COORDINATION MEETINGS A. A Preconstruction Conference and Project Coordination Meetings shall be held per the requirements of Section 01210 of these Specifications. 2.04 OVERALL SCHEDULE A. The Contractor will be required to prepare and submit to the Engineer within 30 days after the award of Contract, Section 01311 - 1 I I Ian Overall Schedule. The Overall Schedule shall be comprised of construction operations covering all work to be done in connection with the Contract. ' B. The Overall Schedule covering work to be executed under the Contract shall be of sufficient detail and shall have a minimum of work activities. The final total number of activities shall be subject to the approval of the Engineer. A work activity is defined as an activity for which manpower is required and must be performed before 'the project is considered complete. C. The Overall Schedule shall indicate the sequence of work and the time of starting and completion of each part. It shall include, but not be limited to, the following items, as they pertain to the respective contractors: Ii. Shop drawing receipt from Contractor, submitted to the Engineer, review, and return to Contractor. ' 2. Material and equipment order, manufacture, delivery, installation, and check-out. 3. Performance tests and supervisory service activities. 4. Construction sequence. 5. Final cleaning. ' 6. Allowance for inclement weather. ' 2.05 PAYMENT A. No separate payment shall be made for work under this ' Section. PART 3 EXECUTION ' Not Used ' END OF SECTION I ' Section 01311 - 2 I SECTION 01400 QUALITY CONTROL i7 Nt h$ ` 2i1 IJA 1.01 REQUIREMENTS INCLUDED A. General Quality Control. B. Workmanship. C. Manufacturer's Instructions. D. Manufacturer's Certificates. E. Mockups. F. Manufacturers' Field Services. G. Testing Laboratory Services. 1.02 RELATED REQUIREMENTS A. Section 01300 - Submittals: Submittal of Manufacturer's Instructions. 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. Section 01400 - 1 I 1 1.05 MANUFACTURERS' INSTRUCTIONS I A. Comply with instructions in full detail, step in sequence. Should instructions Contract Documents, request clarification before proceeding. including each conflict with from Engineer 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 H H I F I I I A. When specified in respective Specification Sections, require supplier or manufacturer to provide qualified personnel to observe field conditions, conditions of surfaces and installation, quality of workmanship, and to make appropriate recommendations. B. Representative shall submit written report to Engineer listing observations and recommendations. 1.09 TESTING LABORATORY SERVICES A. Owner will employ a Testing Laboratory to perform inspections, tests, and other services required by individual Specification Sections. B. Owner shall pay for initial laboratory testing. If however, initial test fails, retesting must be paid for by the Contractor. C. Services will be performed in accordance with requirements of governing authorities and with specified standards. D. Reports will be submitted to Engineer, Owner and Contractor giving observations and results of tests, indicating compliance or non-compliance with specified standards and with Contract Documents. E. Contractor shall cooperate with Testing Laboratory personnel; furnish tools, samples of materials, design mix, equipment, storage and assistance as requested. Section 01400 - 2 H n SECTION 01500 TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES PART 1 GENERAL 1.01 LAYOUT OF TEMPORARY FACILITIES A. The Contractor shall make his own arrangements for ' storage of materials and equipment in locations on and off the construction site. Security of the construction work, materials, and equipment is the sole responsibility ' of the Contractor. 1.02 STORAGE BUILDINGS ' A. Not Used. 1.03 STORAGE YARDS IA. The Contractor shall construct temporary storage yards for the storage of materials that are not subject to ' damage by weather conditions. Materials such as pipe, reinforcing and structural steel, shall be stored on pallets or racks, off the ground, and stored in a manner to allow ready access for inspection and inventory. ' Temporary gravel surfacing of the storage yards shall meet with the approval of the Engineer and Owner. Storage areas shall be restored to their initial ' condition once they are no longer needed. 1.04 CONTRACTOR'S WORK AREA ' A. The Contractor shall limit his operations and storage of equipment materials to the areas authorized by individual property owners and approved by the Engineer and owner. ' B. The Contractor shall proceed with his work in an orderly manner, maintaining the construction site free of debris ' and unnecessary equipment or materials. 1.05 TEMPORARY ACCESS ROADS AND PARKING ' A. The Contractor shall construct temporary construction access roads, parking areas, and detours as are required to execute the work. The roads shall meet with the approval of the Engineer, and be maintained in good condition until no longer needed; at which time the temporary roads shall be removed and the area left in a ' condition satisfactory to the property owner and Section 01500 - 1 I I F I I I I [] I Engineer. 1.06 TEMPORARY WATER CONTROL A. Rough grade site to prevent standing water and to direct surface drainage away from excavations, trenches, adjoining properties, and public rights -of -way. B. Maintain excavations and trenches free of water. Provide and operate pumping equipment of a capacity to control water flow. C. Provide piping to handle pumping outflow to discharge in a manner to avoid erosion or deposit of silt. D. Remove equipment and installation when no longer needed. ' PART 2 UTILITIES ' 2.01 CODES AND SAFETY A. Not Used. I I I 2.02 SANITARY FACILI A. The Contractor facilities for employees that local and State Engineer. TIES shall provide and maintain sanitary his employees and his subcontractors' will comply with the regulations of the health departments and as directed by the 2.03 TEMPORARY WATER IA. Not Used. 2.04 WATER FOR TESTING tA. Not Used. [I I I I I 2.05 PROTECTION OF THE FINISHED CONSTRUCTION A. The Contractor shall assume the responsibility for the protection of all finished construction and shall repair and restore any and all damage to finished work to its original or better state. 2.06 REMOVAL OF TEMPORARY FACILITIES AND UTILITIES A. At such time or times any temporary construction facilities and utilities are no longer required for the Section 01500 - 2 I ' work, the Contractor shall notify the Engineer of his intent and schedule for removal of the temporary facilities and utilities, and obtain the Engineer's approval before removing Contractor shall remove utilities from the site site in such condition as Engineer, and/or as shown the same. As approved, the the temporary facilities and is his property and leave the specified, as directed by the on the Drawings. B. In unfinished areas, the condition of the site shall be ' left in a condition that will restore original drainage, evenly graded, seeded as necessary, and left with an appearance equal to, or better than, original. 2.07 PAYMENT A. No separate payment will be made for work under this section. I PART 3 EXECUTION Not Used. I END OF SECTION I I I I I I I I I Section 01500 - 3 I1 ' SECTION 01700 ' CONTRACT CLOSEOUT PART 1 GENERAL 1.01 SCOPE A. This Section outlines the procedure to be followed in closing out all contracts. 1.02 SUBSTANTIAL COMPLETION ' A. The substantial completion date for the Contract shall be established as stated in the General Conditions. 1.03 FINAL INSPECTION A. After final cleaning and upon written notice from the Contractor that the work is completed, the Engineer will make a preliminary inspection with the Owner and Contractor present. Upon completion of this preliminary inspection, the Engineer will notify the Contractor, in ' writing, of any particulars in which this inspection reveals that the work is defective or incomplete. B. Upon receiving written notice from the Engineer, the Contractor shall immediately undertake the work required to remedy defects and complete the work to the satisfaction of the Owner. ' C. When the Contractor has corrected or completed the items as listed in the Engineer's written notice, he shall ' inform the Engineer, in writing, that the required work has been completed. Upon receipt of this notice, the Engineer, in the presence of the Owner and Contractor, ' shall make his final inspection of the project. D. should the Engineer find all work satisfactory at the time of his inspection, the Contractor will be allowed to ' make application for final payment in accordance with the provisions of the General Conditions. Should the Engineer still find deficiencies in the work, the Engineer will inform the Contractor of the deficiencies and will deny the contractor's request for final payment until such time as the contractor has satisfactorily completed the required work. ISection 01700 - 1 H I 7 L I I I L 1.04 FINAL SUBMITTALS A. No contract will be finalized until all of the following have been submitted as required in Section 01300, SUBMITTALS DURING CONSTRUCTION. 1. Final shop drawings 2. Record drawings 3. Interface information 4. Manufacturers' Certificates of Proper Installation B. No contract will be finalized until all submittals required in Section 01720, PROJECT RECORD DOCUMENTS, have been submitted. 1.05 GUARANTEES, BONDS, AND AFFIDAVITS A. No contract will be finalized until all guarantees, performance tests, bonds, certificates, licenses, and affidavits required for work or equipment as specified are satisfactorily filed with the Owner. 1.06 RELEASE OF LIENS OR CLAIMS A. No contract will be finalized until satisfactory evidence of release of liens has been submitted to the Owner as required by the General Conditions. 1.07 FINAL PAYMENT A. Final payment will be made to the Contractor in accordance with the General Conditions. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Section 01700 - 2 I I ISECTION 01720 PROJECT RECORD DOCUMENTS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Maintenance of Record Documents and Samples. ' B. Submittal of Record Documents and Samples. 1.02 RELATED REQUIREMENTS ' A. Document 00700 - General Conditions: Documents at the site. B. Section 01300 - Submittals: Shop drawings, product data, and samples. C. Section 01700 - Contract Closeout: Closeout procedures. D. Section 01700 - Contract Closeout: Operation and ' maintenance data. E. Individual Specifications Sections: Manufacturer's ' certificates and certificates of inspection. 1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES ' A. In addition to requirements in General Conditions, maintain at the site one record copy of: ' 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the ' Contract. 5. Reviewed shop drawings, product data, and samples. 6. Field test records. • 7. Inspection certificates. a. Manufacturer's certificates. ' B. Store Record Documents in Field Office apart from documents used for construction. Provide files, racks, and secure storage for Record Documents. IC. Label and file Record Documents in accordance with Section number listing in Table of Contents of this Project Manual. Label each document "PROJECT RECORD" in neat, large, printed letters. Section 01720-1 I D. Maintain Record Documents in a clean, dry and legible condition. Do not use Record Documents for construction ' purposes. E. Keep Record Documents and samples available for inspection by Engineer. 1.04 RECORDING A. Record information on a set of blue line opaque drawings, and in a copy of a Project Manual. B. Provide felt tip marking pens, maintaining separate ' colors for each major system, for recording information. C. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. D. Contract Drawings and Shop Drawings: Legibly mark each item to record actual construction, including: 1. Measured horizontal and vertical locations of ' underground utilities and appurtenances, referenced to permanent surface improvements. 2. Field changes of dimension and detail. 3. Changes made by Modifications. 4. Details not on original Contract Drawings. E. Specifications: Legibly mark each item to record actual iconstruction, including: 1. Manufacturer, trade name, and catalog number of ' each product actually installed, particularly optional items and substitute items. 2. Changes made by Addenda and Modifications. ' F. Other Documents: Maintain manufacturer's certifications, inspection certifications, field test records, etc., required by individual Specifications sections. ' 1.05 SUBMITTALS IA. At Contract closeout, deliver Record Documents and samples under provisions of Section 01700. I ' Section 01720-2 Ii I SECTION 02015 MOVE IN AND SITE PREPARATION PART I GENERAL 1.01 SCOPE A. This section covers the work necessary to move in personnel and equipment, set up all temporary offices, buildings, facilities, utilities, and prepare the site for construction, complete. B. The limits of the site and area designated for Contractor's temporary facilities are shown on the Site ' Plan Drawing. In the event that additional space is required for the Contractor's operations, the Contractor shall make his own arrangements and pay for such additional space. ' 1.02 WORK INCLUDED HEREIN, BUT SPECIFIED IN OTHER SECTIONS A. Section No. Item 01500 Temporary Construction ' Facilities and Utilities 1.03 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Section No. Item 01011 site Conditions ' 01014 Protection of the Environment 01016 Safety Requirements and Protection of Property 01710 Final Cleaning PART 2 MATERIALS 2.01 TEMPORARY FACILITIES ' A. The Contractor shall provide all temporary facilities as required for performing the work. See Section 01500, TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES. ' Section 02015 - 1 I I 2.02 TEMPORARY UTILITIES A. The names of utility firms serving the area are included in Section 01011, SITE CONDITIONS. The Contractor shall obtain the necessary permits for connection to these services. See Section 01500, TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES. ' PART 3 EXECUTION 3.01 LAYOUT A. Set up construction facilities in a neat and orderly manner within area designated on the Drawings. Accomplish all required work in accordance with Section ' 01500, TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES and applicable portions of these Specifications. Confine operations to work area shown. 3.02 OBSTRUCTIONS A. Some obstructions may not be shown. Bidders are advised Ito carefully inspect the existing facilities before preparing their proposals. The removal and replacement of minor obstructions such as electrical conduits, air, water, waste piping, and similar items shall be anticipated and accomplished, even though not shown or specifically mentioned. ' B. Major obstructions encountered that are not shown on the Drawings or could not have been foreseen by visual inspection of the site prior to bidding, should ' immediately be brought to the attention of the Engineer. If the Engineer finds that the obstruction adversely affects the Contractor's costs or schedule for completion, a proper adjustment to the Contract will be ' made in accordance with the Article CHANGE ORDERS in the General Conditions. 3.03 PAYMENT A. No separate payment will be made for work under this ' section. ' END OF SECTION L Section 02015 - 2 I I I I 1 I SECTION 02102 CLEARING, GRUBBING, AND STRIPPING PART I GENERAL 1.01 SCOPE A. This section covers the work necessary to remove all interfering or objectionable material from the designated areas of work. B. This work shall also include the preservation from injury or defacement of all vegetation and existing objects designated to remain. C. Review with the Engineer's Representative the location, limits, and methods to be used prior to commencing the work under this section. ' PART 2 MATERIALS AND PROCEDURES I I [I 1 I 2.01 GENERAL A. Provide all materials, suitable and in adequate quantity, required to accomplish the work as specified herein. 2.02 CLEARING - DEFINITION A. Clearing shall consist of cutting, removing, and disposing of trees, snags, stumps, shrubs, brush, limbs, and other vegetative growth, and shall be performed in such a manner as to remove all evidence of their presence from the surface and shall be inclusive of sticks and branches greater than 2 inches in diameter or thickness. Clearing shall also include the removal and disposal of trash piles, rubbish, and fencing; and the preservation of trees, shrubs, and vegetative growth which are not designated for removal. ' 2.03 CUTTING TIMBER I I I I A. In the cutting of timber growth (if any is required), cuts shall be made such that all trees are felled into the area to be cleared. Exercise care when clearing near the clearing limits so as not to damage existing trees, vegetation structures, or utilities which are outside of the clearing limits. Flush cut all stumps not designated for grubbing by cutting to within 2 inches of the ground surface. Section 02102 - 1 1 L 2.04 PRESERVATION OF TREES, SHRUBS AND OTHER VEGETATION A. Protect trees, shrubbery and other vegetation not ' designated for removal from damage resulting from the Work. Cut and remove tree branches only where, in the opinion of the Engineer, such cutting is necessary to ' effect construction operation. Remove branches other than those required to effect the work to provide a balanced appearance of any tree, as approved prior to 1 removal. Scars resulting from the removal of branches shall be treated with an approved tree sealant. 2.05 GRUBBING - DEFINITION ' A. Grubbing shall consist of the removal and disposal of wood or root matter below the ground surface remaining ' after clearing and shall include stumps, trunks, roots, or root systems greater than 2 inches in diameter or thickness to a depth of 18 inches below the ground surface. ' 2.06 CLEARING AND GRUBBING LIMITS • A. All areas within the limits of construction upon which pavement and walkways are to be placed, structures or sewer lines built, excavations made, or, access roads ' constructed, shall be cleared and grubbed. These areas shall be cleared and grubbed in stages as the construction area is increased, to ensure that no more clearing and grubbing is done than necessary. ' 2.07 DISPOSAL OF CLEARING AND GRUBBING DEBRIS ' A. When burning is not prohibited, pile and burn all combustible material from the clearing and grubbing work. Burning shall be executed in strict accordance with the provisions for FIRE PREVENTION AND PROTECTION in Division 1, GENERAL REQUIREMENTS and in conformance with federal, state, and local laws relating to the prevention, air pollution control, and other restrictions in regard to burning materials. B. Unburned material and noncombustible material shall be ' promptly removed from the site and disposed of in accordance with all local laws, codes, and ordinances. The Contractor shall bear full responsibility for lawful and safe disposal of all cleared and grubbed material. ' C. During periods when burning is prohibited by state, federal, or local authorities, haul the material from the ' work site and dispose of in accordance with state, Section 02102 - 2 1 I federal, and local laws. Such off -site disposal shall be at the Contractor's sole expense. 2.08 STRIPPING - DEFINITION I I I I I A. Stripping shall include the removal and disposal of all organic sod, topsoil, grass and grass roots, and other objectionable material remaining after clearing and grubbing from the areas designated to be stripped. Topsoil requirements are specified in Section 02200, EARTHWORK. 2.09 AREAS TO BE STRIPPED A. All areas within the limits of construction, upon which excavation occurs or fill is to be placed, structures or sewer lines built, shall be stripped. All areas to be cleared and grubbed as specified hereinbefore shall also be stripped. Do not mix strippings with borrow excavation. Areas shall be stripped in stages so that no more stripping is done than absolutely necessary. 1 2.10 DISPOSAL OF STRIPPINGS I I I E I I I I [1 A. Topsoil from the strippings shall be stockpiled and used for the finished site grading. Excess topsoil shall be disposed of by the Contractor at his expense. strippings not suitable for use as topsoil shall become the property of the Contractor and shall be removed from the site at the Contractor's expense. 2.11 PAYMENT A. Payment shall be made for the work under this item in the contractors proposal for "site Preparation"(by the station). END OF SECTION Section 02102 - 3 I I I PART I GENERAL 1 1.01 SCOPE I I I I I I I I I I I I I I SECTION O2200 EARTHWORK A. This section covers the work necessary for the earthwork, complete. 1.02 DEFINITIONS - RELATIVE COMPACTION A. "Relative compaction" is defined as the ratio, in percent, of the as -compacted field dry density to the laboratory maximum dry density as determined by the Standard Proctor Test, ASTM D698. Corrections for oversize material may be applied to either the as -compacted field dry density or the maximum dry density, as determined by the Engineer. 1.03 DEFINITIONS - OPTIMUM MOISTURE CONTENT A. "Optimum moisture content" is defined as the moisture content of the material for which the maximum dry density is obtained as determined by ASTM O698. Field moisture contents shall be determined on the basis of the fraction passing the 3/4 -inch sieve. 1.04 SUBMITTALS A. Submittals shall be made in accordance with the GENERAL CONDITIONS, SECTION 01300, SUBMITTALS DURING CONSTRUCTION, and the requirements of this section. B. Provide the following submittals: 1. Samples for all imported material. 2. Catalog and manufacturer's data sheets for compaction equipment. 3. Contractor's excavation/stockpiling plan with provisions for storm water runoff considerations. 4. Schedule of excavation/stockpiling/filling plan illustrating methods of filling new facility areas. Section 02200-1 PART 2 MATERIALS 2.01 GENERAL [I I I [I I II I I I I II I I I I A. Provide all labor, materials, and equipment necessary to accomplish the work specified in this section. 2.02 SUBSURFACE INFORMATION A. It shall be the Bidder's sole responsibility to estimate the type and quantity of materials and the amount of groundwater, if any, that will be encountered. The Engineer and Owner will make available to all prospective bidders, upon request, prior to the receipt of proposals, all information that they may have as to subsurface conditions and surface topography at the worksite. B. Information derived from inspection of topographic maps, or from plans showing location of utilities and structures will not relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents. C. The submission of a Proposal shall be conclusive evidence that the Bidder has investigated the site and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the Contract Documents. 2.03 GENERAL EXCAVATION A. Complete all excavation regardless of the type, nature, or condition of the materials encountered. The Contractor shall make his own estimate of the kind and extent of the various materials to be excavated in order to accomplish the work. 2.04 STRUCTURAL FILL A. Native or imported material free from roots, organic matter, trash, debris, with maximum particle size of 1-1/2 inches. Material shall have low plasticity with a maximum plasticity index (PI) of 30. At the Contractor's option, material may be obtained from the excavation for proposed structures. No warranty, expressed or implied, is made concerning the availability of sufficient quantities of satisfactory structural fill from the excavations to be made. Therefore, the Contractor shall Section 02200-2 I L P r provide imported material of acceptable quality, if required, to accomplish the construction. Imported material shall be provided at the Contractor's sole expense. 2.05 GRANULAR FILL A. Imported GRANULAR FILL shall be 1 -1/2 -inch minus crushed gravel or crushed rack, free from dirt, clay balls, and organic material, well graded from coarse to fine, containing sufficient finer material for proper compaction, and less than 8 percent by weight passing the No. 200 sieve. 1 2.06 SAND I P A. Imported natural sand or sand produced from crushed gravel or crushed rock, maximum size 5/16 inch, 80 percent shall pass a No. 4 sieve, free from clay and organic material, with a maximum of a percent passing the No. 200 sieve. 2.07 TRENCH EXCAVATION A. Remove all material regardless of the nature, type, or condition of the material encountered. 1 2.08 TRENCH STABILIZATION MATERIAL P C P I I A. Three-inch minus river -run or pit -run gravel, free from clay balls, roots, and organic matter; well crushed gravel or crushed rock graded with less than 8 percent by weight passing the 1/4 -inch sieve. Submit samples for approval prior to delivery of the material to the site. 2.09 GRANULAR PIPE BASE AND PIPE ZONE MATERIAL A. Three -fourth -inch minus gravel, crushed gravel, or crushed rock with less than 10 percent of the material finer than the No. 200 sieve. For plastic pipe, use 1/4 -inch minus pea gravel. 2.10 BACKFILL ABOVE THE PIPE ZONE A. Materials conforming to granular or flowable select materials described herein. Storm and sewer line trenches are to be compacted to 95% density as determined by ASTM D-698. Section 02200-3 1 I 2.11 FLOWABLE SELECT MATERIALS A. The flowable select materials shall be a plant mixed slurry of sand, cement, flyash and water in a ratio of 28001b: 1001b: 2501b: 4501b (max). This mixture shall be required to meet the minimum criteria of a compressive ' strength of 300 psi at 28 days. The specifications for the sand, cement, and flyash are found in Section 03300 of these specifications. This material shall be used to ' help facilitate the reapplication of traffic over the trenches across streets and driveways where noted on the plans or directed by the Engineer. Design may be modified as required by Engineer. 1 2.12 TOPSOIL IA. Selected topsoil meeting the requirements of Section 02480, properly stored and protected, free from roots, sticks, hard clay, and stones which will not pass through ' a 2 -inch square opening. Remove existing grass and overburden before topsoil is excavated. Provide imported topsoil of equal quality if required to accomplish the work. 2.13 WATER FOR COMPACTION A. Furnish as required. 2.14 IMPORTED MATERIAL ACCEPTANCE I A. All imported materials specified in this section are subject to the following requirements: Ii. All tests necessary for the Contractor to locate an acceptable source of imported material shall be made by the Contractor. Certification that the material conforms to the Specification requirements along with copies of the test results from a qualified commercial testing laboratory shall be submitted to the Engineer for approval at least 10 days before the material is required for use. All aggregate samples shall be furnished by the Contractor at the Contractor's sole expense. Samples shall be representative and be clearly marked to show ' the source of the material and the intended use on the project. Sampling of the aggregate source shall be done by the Contractor in accordance with ASTM D 75. Notify the ' Engineer at least 24 hours prior to sampling. Section 02200-4 I I I I I I I I IT FT El I [1 11 [1 I I [I I The Engineer may, at the Engineer's option, observe the sampling procedures. Tentative acceptance of the aggregate source shall be based on an inspection of the source by the Engineer and the certified test results submitted by the Contractor to the Engineer. No imported materials shall be delivered to the site until the proposed source and materials tests have been tentatively accepted in writing by the Engineer. Final acceptance will be based on tests made on samples of material taken from the completed and compacted course. The completed course is defined as a course or layer that is ready for the next layer or the next phase of construction. All testing for final acceptance shall be performed by the Engineer. 2. Gradation tests by the Contractor shall be made on samples of imported material taken at the place of production prior to shipment. Samples of the finished product for gradation testing shall be taken from each 1,500 tons of prepared materials or more often as determined by the Engineer, if variation in gradation is occurring, or if the material appears to depart from the Specifications. Test results shall be forwarded to the Engineer within 72 hours after sampling. 3. If tests conducted by the Contractor or the Engineer indicate that the material does not meet Specification requirements, material placement will be terminated until corrective measures are taken. Material which does not conform to the Specification requirements and is placed in the work shall be removed and replaced at the Contractor's sole expense. Sampling and testing performed by the Contractor shall be done at the Contractor's sole expense. 2.15 SELECTED MATERIAL ACCEPTANCE A. All tests necessary for the Contractor to demonstrate that selected native soil material conforms to the Specification requirements shall be made by the Owner using a qualified commercial testing laboratory at the Section 02200-5 I Owner's expense. These tests shall include gradation tests and, Atterberg limits tests, and such other tests as appropriate for the particular material and intended use on the project. B. Samples for testing shall be representative of the actual ' material to be installed in the work. Samples shall be taken from each 2,000 cubic yards of material stockpiled or more often as determined by the Engineer if variation in material properties is occurring, or if the material 'appears to depart from the Specification requirements. C. Test results shall be forwarded to the Engineer at least ' 10 days before the material is required for use. If tests conducted indicate that the material does not meet Specification requirements, the material shall not be ' installed in the work. Material which is placed in the work but does not conform to the Specification requirements shall be removed and replaced at the Contractor's sole expense. 2.16 COMPACTION EQUIPMENT IA. Compaction equipment shall be of suitable type and adequate to obtain the densities specified. ' B. Compaction equipment shall be operated in strict accordance with the manufacturer's instructions and recommendations. Equipment shall be maintained in such condition that it will deliver the manufacturer's rated compactive effort. Hand -operated equipment shall be capable of achieving the specified densities. ' 2.17 MOISTURE CONTROL EQUIPMENT A. Equipment for applying water shall be of a type and quality adequate for the work, shall not leak, and shall ' be equipped with a distributor bar or other approved device to assure uniform application. Equipment for mixing and drying out material shall consist of blades, discs, or other approved equipment. PART 3 EXECUTION 3.01 CLEARING, GRUBBING, AND STRIPPING IA. Complete clearing and grubbing work as specified in Section 02102, CLEARING, GRUBBING, AND STRIPPING, prior to beginning work in this section. ' Section 02200 - 6 I 3.02 STRIPPING TOPSOIL A. Prior to beginning any excavation or fill, strip the topsoil to a depth of at least 6 inches or to a depth sufficient to remove all organic material and stockpile for future use. In general, topsoil shall be removed where structures are to be built, sewer lines constructed, trenches dug, and roads, parking lots, walks, and similar improvements constructed within the ' areas presently covered with topsoil. Topsoil shall be stored clear of the construction area. Take reasonable care to prevent the topsoil from becoming mixed with subsoil or eroding. 3.03 GENERAL EXCAVATION IA. Perform all excavation of every description, regardless of the type, nature, or condition of material encountered, as specified, shown, or required to accomplish the construction. 3.04 EXCAVATION FOR WALKWAYS IA. Excavate to the lines and grades shown. Bring rough excavation to within 0.1 foot of required grade. The method of excavation used is optional; however, no ' equipment shall be operated within 5 feet of the existing structures or newly completed construction. Excavation that cannot be accomplished without endangering the existing trees or new structures shall be performed with ' hand tools. 3.05 STRUCTURAL EXCAVATION ' A. Excavate for structures to the lines and grades shown or as required to accomplish the construction. Perform all ' excavation regardless of the type, nature, or condition of the material encountered. The method of excavation used is optional; however, no equipment shall be operated within 5 feet of existing structures or newly completed t construction. Excavation that cannot be accomplished without endangering the present or new structures shall be done with hand tools. 1 3.06 EXCAVATION SAFETY A. The Contractor shall be solely responsible for making the excavation in a safe manner. Provide appropriate measures to retain excavation sideslopes to ensure that men working in or near the excavation are protected. Section 02200-7 1 I I 3.07 LIMITS OF EXCAVATION A. Excavate to the depths and widths required. Allow for forms, working space, granular base, and finish topsoil where shown or required. Do not carry excavation for footings, pavement and slabs deeper than the elevation ' shown. Excavation carried below the grade lines shown or established by the Engineer shall be replaced with the same fill material as specified for the overlying fill or ' backfill, compacted as required for such overlying fill or backfill. Where the overlying area is not to receive fill or backfill, replace the overexcavated material and compact to a density not less than that of the underlying t ground. Excavations under footings shall be filled with concrete of equal strength to that of the footing. Cuts below grade shall be corrected by similarly cutting ' adjoining areas and creating a smooth transition. The Contractor shall correct all overexcavated areas at the Contractor's sole expense. 3.08 REMOVAL OF WATER A. Provide and operate equipment adequate to keep all ' excavations and trenches free of water. Remove all water during period when concrete is being deposited, when pipe is being laid, during the placing of backfill unless ' water settling is required, and at such other times as required for efficient and safe execution of the work. Removal of groundwater shall be accomplished in a manner that will preserve the strength of the foundation soils, ' will not cause instability of the excavation slopes, and will not result in damage to existing structures. Where necessary to these purposes, the water level shall be lowered in advance of excavation, utilizing wells, wellpoints or similar methods. The water level in the gravel stratum as measured in piezometers shall be ' maintained a minimum of 3 feet below the prevailing excavation level or as needed to prevent bottom heave of the excavation. Open pumping and sumps and ditches, if it results in boils, loss of fines, softening of the ' ground or instability of slopes, will not be permitted. Wells and wellpoints shall be installed with suitable screens and filters so that continuous pumping of fines does not occur. The discharge shall be arranged to facilitate collection of samples by the Engineer. Avoid settlement or damage to adjacent property. Dispose of water in a manner that will not damage adjacent property, as approved. I I Section 02200-8 Li 3.09 FOUNDATION PREPARATION A. After completion of excavation, and prior to pavement, foundation, or fill construction, proofroll the excavation surface with a loaded tandem -axle dump truck or similar heavy -wheeled vehicle to detect soft or loose ' zones. Proofrolling shall be conducted in the presence of the Engineer. If soft or loose zones are found, excavate the soft or loose material to a depth accepted ' by the Engineer, then fill and compact as specified for the overlying fills. Prior to placement of any overlying fill or concrete, the foundation subgrade shall be scarified to a depth of six (6) inches and compacted to ' at least 95 percent relative compaction. 3.10 PREPARATIONS FOR PLACING BACKFILLS A. Backfill around concrete structures only after the concrete has attained the specified compressive strength ' indicated in Section 03300, CONCRETE. Remove all form materials and trash from the excavation before placing any backfill. Obtain the Engineer's acceptance of concrete work and attained strength prior to backfilling. ' B. Do not operate earth -moving equipment within 5 feet of walls of concrete structures for the purpose of ' depositing or compacting backfill material. Compact backfill adjacent to concrete walls with hand -operated tampers or similar equipment that will not damage the structure. ' C. Backfill between the new concrete curb and gutter and the existing pavement shall be flowable select materials. ' All loose materials shall be removed before placing this flowable select material. 3.11 STRUCTURAL FILL UNDER FACILITIES A. Place hereinbefore specified STRUCTURAL FILL within the influence area beneath all piping, slabs, walks, curbs, ' structures, roads, parking areas, facilities, and other areas as shown. Do not exceed loose lifts of 8 inches. Compact each lift to not less than 95 percent relative ' compaction. B. A 4 -inch layer of GRANULAR FILL shall be placed and compacted to at least 95 percent relative compaction ' immediately beneath all walkways and sidewalks on grade. Moisten material as required to aid compaction. Place material in horizontal lifts and in a manner which avoids segregation. Section 02200-9 1 I I C. Any subsequent damage to slabs, piping, concrete structures, facilities, or other structures caused bysettlement of fill material shall be corrected and repaired by the Contractor at the Contractor's sole expense. 3.12 FILLS NOT UNDER STRUCTURES OR FACILITIES A. Place hereinbefore specified STRUCTURAL FILL to the lines ' and grades shown beneath concrete pavement. Place fill material in maximum 8 -inch loose lifts and compact each lift to not less than 95 percent relative compaction. Make proper allowance for topsoil where required. 3.13 MOISTURE CONTROL ' A. During all compacting operations, maintain optimum practicable moisture content required f or compaction purposes in each lift of fill. Maintain moisture content uniform throughout the lift. Insofar as practicable, add ' water to the material at the site of excavation. Supplement, if required, by sprinkling the fill. At the time of compaction, the water content of the material ' shall be at optimum moisture content, plus or minus 2 percentage points, except as otherwise specified for embankments. B. Do not attempt to compact fill material that contains excessive moisture. Aerate material by blading, discing, harrowing, or other methods, to hasten the drying process. 3.14 FIELD DENSITY TESTS A. The Engineer will determine in -place density and moisture content by any one or combination of the following methods: ASTM D 2922, D 1556, D 2216, D 3017, or other methods selected by the Engineer. Cooperate with this testing work by leveling small test areas designated by the Engineer. Backfill test areas at Contractor's sole expense. The frequency and location of testing shall be determined solely by the Engineer. It is anticipated that, as a minimum, at least one field density test will be performed on each 2,000 square feet of compacted fill surface per lift. The Engineer may test any lift of fill at any time, location, or elevation. ' Section 02200 - 10 1 I IJ 3.15 TRENCH EXCAVATION AND BACKFILL A. Excavate for the installation of piping, utilities, and appurtenances. All obstructions, such as tree roots, stumps, abandoned concrete structures, and other material of any type shall be removed. 3.16 TRENCH WIDTH A. Minimum width of unsheeted trenches or the minimum clear width of sheeted trenches in which pipe is to be laid shall be 18 inches greater than the inside diameter of the pipe. Sheeting requirements shall be independent of trench width. The maximum clear width at the top of the pipe or above the pipe will not be limited, except in cases where excess width of excavation would cause damage to adjacent structures. 3.17 GRADE A. Carry the bottom of the trench to the line and grade shown, or as established by the Engineer. Allow for pipe thickness and for pipe base or special bedding when specified. Backfill any part of the trench excavated below grade with granular fill material and compact to a density equal to the undisturbed trench bottom. 3.18 SHORING, SHEETING, AND BRACING OF TRENCHES A. Erect, maintain, and remove shoring, sheeting, and bracing as required by all federal, state and local laws, codes and ordinances. 3.19 REMOVAL OF WATER A. Removal of water shall be accomplished as specified hereinbefore. 3.20 TRENCH STABILIZATION A. If the material in the bottom of the trench is unsuitable for supporting the pipe, excavate below the flow line to o remve the unsuitable material, and backfill to the required grade with TRENCH STABILIZATION MATERIAL as ' specified hereinbefore. Unsuitable material is material which is not capable of supporting the pipe base material, pipe and/or backfill (i.e., organics, mud, large rocks, trash, etc.). I Section 022C0 - 11 Li I3.21 BASE FOR PIPE A. Place a minimum 4 -inch thickness of granular pipe base of ' the type hereinbefore specified. Place for the full width of the trench with the top of the granular base at flow line grade. Bed the pipe in the granular base so ' that the flow line is at the required grade and elevation. Place and finish the gravel base to grade ahead of the pipe laying operation. ' 3.22 TRENCH BACKFILL AT PIPE ZONE A. Backfill the pipe zone to 6 inches above the outside of ' the pipe for the full width of the trench with granular pipe zone material as specified hereinbefore. Place in the trench in horizontal lifts not exceeding 6 inches in ' uncompacted thickness on both sides of the pipe. Thoroughly tamp and supplement by "walking in" the material. Use particular attention in placing material on the underside of the pipe to provide a solid backing ' and to prevent lateral movement during the final backfilling procedure. ' 3.23 TRENCH BACKFILL ABOVE THE PIPE ZONE A. In trenches under all structures, sidewalks, roads, ' parking areas, piping, and similar facilities, except where specifically shown, deposit GRANULAR FILL, as specified hereinbefore, in horizontal lifts not exceeding 8 inches in uncompacted thickness. Compact to not less ' than 95 percent relative compaction. Repair any subsequent damage caused by settlement of trenches at the Contractor's sole expense. ' B. In other areas the excavated trench material may be used for backfill. Push by mechanical means, first onto the slope of the backfill previously placed and allow to roll ' down into the trench. Do not allow free fall of the material into the open trench. Under no circumstances allow sharp, heavy pieces of material to drop directly ' onto the pipe or the material in the pipe zone. Backfill material shall not exceed 1/2 cubic foot in size and shall be intermixed with finer material to produce ' completed fill that is free from detrimental voids and segregation. Neatly windrow the material over the trench to provide for future settlement. Any excess or deficiency of backfill material after settlement within 1 the guarantee period shall be corrected by regrading and adding or removing material. Section 02200 - 12 U 3.24 SITE GRADING A. Perform all earthwork to the lines and grades as shown ' and/or established by the Engineer, with proper allowance for topsoil where specified or shown. Shape, trim, and finish slopes of channels to conform with the lines, ' grades, and cross sections shown. Make slopes free of all exposed roots and stones exceeding 3 -inch diameter which are loose and liable to fall. Round tops of banks Ito circular curbs, in general, not less than a 6 -foot radius. Rounded surfaces shall be neatly and smoothly trimmed. Overexcavating and backfilling to the proper grade will not be acceptable. Finished site grading will ' be reviewed by the Engineer. 3.25 DISPOSAL OF EXCESS EXCAVATION ' A. Dispose of all excess excavated materials, not required or suitable for use as backfill or fill, outside of the area of work. Contractor shall make his own arrangements ' for the disposal of the excavated material and bear all costs or retain any profit incidental to such disposal. ' 3.26 SETTLEMENT A. Any settlement in backfill, fill, or in structures built over the backfill or fill, which may occur within the ' 1 -year guarantee period in the General Conditions will be considered to be caused by improper compaction methods and shall be corrected at the Contractor's sole expense. ' Any structures damaged by settlement shall be restored to their original condition by the Contractor at the Contractor's sole expense. 3.27 RIPRAP A. Hard and durable quarry -run limestone with less than 35 ' percent wear when tested for resistance to abrasion in conformance to ASTM C535. Bulk density shall not be less than 160 pounds per dry cubic foot. The least dimension ' of any one piece shall not be less than 1/3 the greatest dimension. A mininun of 35 percent of the volume shall be in pieces ranging in size from 1/2 cubic foot to 2 cubic feet. Smaller pieces will be allowed only to fill in the voids in the larger stone. ' B. Place riprap carefully to avoid disturbing the prepared grade. Depth of riprap shall be shall be as shown. intermix the sizes of riprap material to provide uniform ' gradation between small and large material. The surface Section 02200 - 13 I LI ' of the riprap shall be according to the finished grade shown on the Plans. 3.27 PAYMENT A. Payment for stripping, excavation, and backfill for this ' section shall be made under the contractors proposal for "site preparation" (by the station). B. Payment for backfilling pipe trench for this section shall be made under the contractors proposal for 18" RCP d III or 24" RCP cl III (by the LF). No separate payments will be made for the 6" concrete cap required over the pipe trench in the paved areas. C. No separate payment will be made for the Flowable select ' materials required as backfill between the new curbs and gutter and the existing pavement. D. The quantity of riprap to be paid for shall be in the ' Contractor's Proposal for Riprap by the ton. END OF SECTION I I [J I I I I I I I Section 02200 - 14 I I I SECTION 02300 SEEDING PART 1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract including GENERAL and SUPPLEMENTARY CONDITIONS, and other Division 1 Specifications Sections apply to the Work specified in this Section. 1.02 SCOPE A. This item shall consist of soil preparation, temporary seeding the areas shown on the plans or as directed by the Engineer in accordance with these specifications. 1.03 SUBMITTALS A. Submittals shall be made in accordance with the GENERAL CONDITIONS, SECTION 01300, SUBMITTALS DURING CONSTRUCTION, and the requirements of this section. B. Provide the following submittals: 1. Seed certificated of compliance 2. Sample of hydromulch cellulose material. At least one-half gallon container full of material shall be submitted. 1.04 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Section No. Item 02150 Storm Water Pollution Prevention 02200 Earthwork 02480 Planting PART 2 PRODUCTS 2.01 TOPSOIL A. Existing topsoil shall be reused for the temporary seeding areas. Additional topsoil shall be provided as needed. Section 02300 - 1 I ' 2.02 SEED I I I 7 I [1 [1 A. The species and application rates of grass seed furnished shall be those stipulated herein. Seed shall conform to the requirements of Fed. Spec. JJJ-S-181. B. Seed shall be furnished separately or in mixtures in standard containers with the seed name, lot number, net weight, percentages of purity and of germination and hard seed, and percentage of maximum weed seed content clearly marked for each kind of seed. The Contractor shall furnish the Engineer duplicate signed copies of a statement by the vendor certifying that each lot of seed has been tested by a recognized laboratory for seed testing within 6 months of date of delivery. This statement shall include: name and address of laboratory, date of test, lot number of seed, and the results of tests as to name, percentages of purity and of germination, and percentage of weed content. Variety Pounds per 1,000 sq ft Lawn Fescue 3/4 Bermuda Hulled 1/4 Unhulled 1/2 2.03 LIME A. Not Applicable. 1 2.04 FERTILIZER I I H I I A. Fertilizer shall be standard commercial fertilizers supplied during seeding operation by hydromulch machine. They shall be applied at the rate and to the depth specified herein, and shall meet the requirements of Fed. Spec. O -F-241 and applicable state laws. They shall be furnished in standard containers with name, weight, and guaranteed analysis of contents clearly marked thereon. No cyanamide compounds or hydrated lime shall be permitted in mixed fertilizers. B. Fertilizers shall be 13-13-13 commercial fertilizer and applied at the rate of 500 pounds per acre. 2.05 SOIL FOR REPAIRS A. The soil for fill and topsoiling of areas to be repaired shall be at least of equal quality to that which exists in areas adjacent to the area to be repaired. The soil shall be relatively free from large stones, roots, Section 02300 - 2 I ' stumps, or other materials that will interfere with subsequent sowing of seed, compacting, and establishing turf, and shall be approved by the Engineer before being placed. ' PART 3 EXECUTION 3.01 ADVANCE PREPARATION AND CLEANUP A. After grading of areas to be seeded has been completed, they shall be raked or otherwise cleared of stones larger than 2 inches in any diameter, sticks, stumps, and other ' debris which might interfere with sowing of seed, growth of grasses, or subsequent maintenance of grass -covered areas. If any damage by erosion or other causes has occurred after the completion of grading and before beginning seeding, the Contractor shall repair such damage. This may include filling gullies, smoothing irregularities, and repairing other incidental damage. 1 B. An area to be seeded shall be considered a satisfactory seedbed without additional treatment if it has recently 1 been thoroughly loosened and worked to a depth of not less than 5 inches as a result of grading operations and, if immediately prior to seeding, the top 3 inches of soil ' is loose, friable, reasonably free from large clods, rocks, large roots, or other undesirable matter, and if shaped to the required grade. ' 3.02 SEEDING A. Do not use wet or moldy seed, or seed otherwise damaged in transit or storage. Sow not less than the quantity of seed specified. B. Seed may be sown using a hydromulch machine when wind 1 velocities are less than 5 mph or by hand methods. Distribute the seed and fertilizer evenly over the entire area. Spread wheat straw 2" thick over the area, using a binding agent to glue straw together. 3.03 MAINTENANCE OF SEEDED AREAS A. The Contractor shall protect seeded areas against traffic or other use by warning signs or barricades, as approved by the Engineer. Surfaces gullied or otherwise damaged following seeding shall be repaired by regrading and reseeding as directed. The Contractor shall mow, water as directed, and otherwise maintain seeded areas in a satisfactory condition until final inspection and Section 02300 - 3 L 'Li ' SECTION 02514 1 CONCRETE CURBS AND WALKWAYS PART 1 GENERAL ' 1.01 SCOPE A. This section covers the work necessary to construct the concrete curbs and walkway, complete. PART 2 PRODUCTS ' 2.01 FORMS IA. Materials for curb forms shall be 2 -inch dressed dimension lumber or of metal of equal strength, free from defects which would impair the appearance or structural quality of the completed curb. Where short -radius forms ' are required, 1 -inch dressed lumber or plywood may be used. Provide stakes and bracing materials as required to hold forms securely in place. Metal forms shall be subject to approval of the Engineer. B. Materials for sidewalk forms shall be 2 -inch dressed lumber straight and free from defects or standard metal ' forms may be used. Where short -radius forms are required, 1 -inch dressed lumber or plywood may be used. Provide stakes and bracing materials as required to hold forms securely in place. 2.02 CRUSHED ROCK BASE ' A. Clean gravel or crushed rock conforming to the requirements for GRANULAR FILL as specified in Section 02200, EARTHWORK. 2.03 EXPANSION JOINT FILLER 1 A. Expansion joint filler shall be 1/2 -inch thick, preformed asphalt -impregnated, expansion joint material conforming to ASTM D 994, or precut 1" x 6" Redwood expansion lumber. 2.04 CONCRETE IA. Concrete shall be ready -mixed conforming to ASTM C 94, Alternate 2, and shall have a compressive strength of 4,000 psi at 28 days. Maximum size of aggregate shall be 1 -1/2 -inch. Slump shall be between 2 and 4 inches. Section C2514 - 1 I I ' Submit complete information regarding mix to Engineer for review in accordance with the requirements of the referenced ASTM Specification. All walkway concrete shall be air -entrained, with a minimum air content of 4%. 2.05 CURING COMPOUND ' A. Liquid membrane -forming curing compound shall be clear or translucent, suitable for spray application and shall ' conform to ASTM C 309, Type 1. 2.06 ACCEPTANCE OF MATERIALS IA. All materials shall be subject to inspection for suitability as the Engineer may elect, prior to or during incorporation into the work. PART 3 EXECUTION ' 3.01 EXCAVATION AND BACKFILL A. Excavation and backfill is included in Section 02200, ' EARTHWORK. 3.02 PREPARATION OF SUBGRADE ' A. Bring the areas on which curbs and walkways are to be constructed to required grade on undisturbed ground and compact by sprinkling and rolling or mechanical tamping. ' As depressions occur, refill with suitable material and recompact until the surface is at the proper grade. Subgrade on fill shall be compacted to 95 percent of maximum density at optimum moisture content as determined by ASTM D 698. ' 3.03 PLACING CRUSHED ROCK BASE A. After the subgrade for sidewalks and curbs is compacted and at the proper grade, spread at least 4 inches of ' GRANULAR FILL and compact to at least 95 percent of maximum density as determined by ASTM D 698. Sprinkle with water and compact by rolling or other method. Top ' of the compacted GRANULAR FILL shall be at the proper level to receive the concrete. ' 3.04 SETTING FORMS A. Construct forms to the shape, lines, grades, and dimensions called for on the Drawings. Stake wood or ' steel forms securely in place, true to line and grade. Section 02514 - 2 I J I I I B. Brace forms to prevent change of shape of movement in any direction resulting from the weight of the concrete during placement. Construct short -radius curved forms to exact radius. Tops of forms shall not depart from grade line more than 1/8 inch when checked with a 10 -foot straightedge. Alignment of straight sections shall not vary more than 1/8 inch in 10 feet. 3.05 CURB CONSTRUCTION A. Construct curbs to line and grade closely matching existing paving. Working closely with the Engineers Representative, the Contractor shall stake the curbs to ' a line that minimize excavation and the need for asphalt leveling course. The curb section shall meet the section on the Detail sheet. ' B. Place preformed asphalt -impregnated expansion joints at connections to existing curbs. IC. As soon as the concrete has set sufficiently to support its own weight, remove the front form and finish all exposed surfaces. Saw cut curbs at maximum intervals, to match ajacent paving and sidewalks. Finish formed face by rubbing with a burlap sack or similar device that will produce a uniformly textured surface, free of form marks, honeycomb, and other defects. All ' defective concrete shall be removed and replaced at the Contractor's sole expense. Upon completion of the finishing, apply an approved curing compound to exposed I surfaces of the curb. Curing shall continue for a minimum of 5 days. D. Upon completion of the curing period, but not before 7 days has elapsed since pouring the concrete, backfill the curb as specified in Section 02200, EARTHWORK. ' E. Finished curb shall present a uniform appearance for both grade and alignment. Remove any section of curb showing abrupt changes in alignment or grade, or which is more ' than 1/4 inch away from its location as staked, and construct new curb in its place at the Contractor's sole expense. 3.06 WALKWAY CONSTRUCTION A. Thickness of walkways shall be as shown on the Drawings. IB. Place precut Redwood expansion joints where the sidewalk ends, around posts, poles, or other objects protruding ' through the sidewalk and at maximum intervals of 32 feet. Section 02514 - 3 I I C. Provide sawn construction joints transversely to the walks at 8 foot centers. These joints shall be 3/16 -inch ' by 1 -inch weakened plane joints. They shall be straight and at right angles to the surface of the walk. D. Place, process, finish, and cure concrete in conformance with the applicable requirements of ACI 614 and this Specification. Where the requirements differ, the higher 'shall govern. E. Broom the surface with a fine -hair broom at right angles Ito the length of the walk and tool at all edges, joints, and markings. Mark the walks transversely at 8 -foot intervals with a jointing tool. Upon completion of the ' finishing, apply an approved curing compound to exposed surfaces. Protect the sidewalk from damage for a period of 7 days. I3.07 PAYMENT A. Payment for concrete curbs under this section shall be ' made under the contractors proposal for curb and gutter (linear feet) including Granular Fill and Fiowable Select Material. ' B. Payment for concrete sidewalks under this section shall be made under the Contractors Proposal for sidewalks, (SY) including Granular Fill. C. Payment for concrete ditch shall be made for each location under the Contractor's Proposal for concrete ' ditch and shall include exc, rebar, concrete, and metal plate cover far sidewalk. D. No separate payment will be made for layout and staking of this work. I I I I I Section 02514 - 4 I Li ' SECTION 02601 ASPHALT AND CONCRETE PAVEMENT PART 1 GENERAL 1.01 SCOPE A. This section covers the work necessary for the construction of asphalt and concrete pavement, replacement and restoration of sidewalks, curb and gutter, drainage facilities, and incidental work, ' complete. B. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL ' REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. ' 1.02 STANDARD SPECIFICATIONS A. Where the term "Standard Specifications" is used, such ' reference shall mean the current edition of Arkansas Highway and Transportation Department Standard Specifications. Where reference is made to a specific part of the Standard Specifications, such applicable part shall be considered as part of this section of the Specifications. In case of a conflict between the requirements of the Standard Specifications and this ' section, the requirements herein shall prevail. 1.03 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Section 02200 - Earthwork, Trench Excavation and Backfill I I I I I I 1.04 SUBMITTALS DURING CONSTRUCTION A. Prior to the delivery of specified aggregate to the site, the Contractor shall submit samples of the material for the Engineer's approval. Samples shall be typical of materials to be furnished from the proposed source and in conformance with the specified requirements. B. Prior to the delivery of asphalt materials and paving mixes to the site, the Contractor shall submit certificates of compliance of such materials with these Specifications. Section 02601-1 I Where laboratory testing is specified herein, the Contractor shall employ an independent testing laboratory to conduct such tests and submit certificates of the test results to ensure Specification conformance. The costs for submittals shall be included price(s) quoted for the work under this section. MATERIALS Concrete for sidewalks, pavement, and miscellaneous construction shall conform to ASTM C 94, Alternate 2; and shall have a design mix proportioned for 4,000 pounds per square inch compressive strength at 28 days. Concrete mix shall be air entrained, with a minimum air content of 4%. CONCRETE FORMS All forms for pavement and sidewalks shall be either 2 -inch dimensioned lumber, plywood, or metal forms. CURING COMPOUND Commercial grade conforming to ASTM C 309, Conform to ASTM A 615, Grade 60. BASE COURSE Gravel for the base course shall be clean, hard, durable, pit -run crushed stone which is reasonably graded from coarse to fine. Base course shall conform to Section 303 for Class 7 Base of the Standard Specifications for Highway Construction and compacted as specified herein. ASPHALT CEMENT Asphalt cement for binder shall be AC 85-100 paving asphalt conforming to the Standard Specifications unless otherwise specified. PRIME COAT Asphalt to be used for a prime coat shall be emulsion Type RS -2, CRS -2, or liquid asphalt Section 02601-2 I I MC -250, or RC -250 conforming to ASTM D 977, D 2397, ❑ 2027, or D 2028. t2.08 TACK COAT I I I A. Asphalt emulsion conforming to ASTM D 977 or D 2397 unless otherwise specified. 2.09 ASPHALT CONCRETE A. Asphalt concrete for paving the designated area shall be Type II hot -plant mix and all materials shall conform to the requirements of Section 408 of the Standard Specifications for Highway Construction. Portions of the referenced specification that are obviously not applicable for the type of work to be done shall be disregarded. 2.10 CULVERT AND STORM DRAIN PIPING A. Storm drainage pipe shall be reinforced concrete pipe class III as specified by the ASTM Standards. IPART 3 EXECUTION I I I I I I I I I 3.01 CONSTRUCTION PROCEDURE A. Trench backfill shall be as specified in Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. B. Replace all bituminous pavement damaged under this Contract with like materials. C. Replace concrete pavement damaged under this Contract with minimum of 6 -inch thickness or to conform with existing, whichever is greater. D. In addition to the requirements set forth herein, the work shall conform to the applicable workmanship requirements of the AHTD Standard Specifications referenced heretofore. 3.02 REMOVAL OF PAVEMENT, SIDEWALK, CURBS, AND GUTTERS A. Removal of all pavement, sidewalks, curbs, and gutters shall conform to Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. Section 02601 -3 I I 3.03 STREET MAINTENANCE A. Maintain all trenches as specified under Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. 3.04 EXCAVATION AND BACKFILL A. Excavation and backfill are specified in Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. Special backfill around culvert pipe is specified with the culvert installation. ' 3.05 INSTALLATION OF CULVERT AND STORM DRAIN PIPING A. Install culvert and storm drain piping where shown on the Drawings or where existing culverts are destroyed. Pipe shall be carefully bedded to provide uniform bearing. RAMNEK or equal gaskets shall be installed in conformance with the manufacturer's recommendations. Use gravel base course to a point 6 inches above pipe. Backfill remainder with granular material. Place backfill in 6 -inch lifts uniformly on both sides of the pipe simultaneously, and thoroughly compact each lift with mechanical tampers before placing the next lift. 3.06 PREPARATION OF EXISTING ROADWAY/SUBGRADE ' A. Bring subgrade to proper grade and cross section shown by means of a blade grader or other suitable equipment. The top 6" of all cuts in existing Roadway shall be backfilled with flowable select materials except the top 6" over RCP shall be concrete. The finished subgrade shall provide a satisfactory base for the road and be 1 acceptable to the Engineer. 3.07 ASPHALT LEVELING COURSE ' A. Surface leveling course shall consist of constructing a layer or layers of asphalt concrete surface course (Type 3) or sand asphalt on the existing pavement surface to correct depressions, channel or wheel ruts, or other deficiencies. Areas to receive leveling courses shall be cleaned and a tack coat shall be applied. Asphalt ' concrete material shall be placed in lifts as shown on the plans or as directed by the Engineer. Leveling course(s) shall be compacted using rollers as specified ' in other sections of these specifications. The finish surface of the leveling course shall be uniform and shall match the surrounding pavement slope unless otherwise specified. Section 02601-4 [.1 I I3.08 TACK COAT A. Apply a tack coat on existing asphalt concrete pavement and to each lift of new pavement that is to receive a succeeding lift in conformance with Section 403 of the Standard Specifications for Highway Construction. i3.09 PRIME COAT A. The prime coat shall be applied to the leveling course in accordance with Section 403 of the referenced specification at the rate of 0.20- to 0.30 -gallon per square yard of surface area. The exact amount is to be determined by the Engineer. 3.10 CONSTRUCTION OF ASPHALT CONCRETE PAVEMENT A. Lay asphalt concrete over the base course in a single lift and the compacted depth shall be 3 -inches. The I method of proportioning, mixing, transporting, laying, processing, rolling the material, and the standards of workmanship shall conform to the applicable requirements of Section 408 of the Standard Specifications. B. The Engineer will examine the base before the paving is begun and bring any deficiencies to the Contractor's I attention to be corrected before the paving is started. Roll each lift of the asphalt concrete and compact to the density specified in the referenced Standard Specification for Highway Construction. The grade, line, and cross section of the finished surface shall conform to the Drawings. Asphalt or asphalt stains which are noticeable upon surfaces of concrete or materials which I will be exposed to view shall be promptly and completely removed. I3.11 SURFACE RESTORATION (STREETS NOT RECEIVING 1' OVERLAY) A. Maintain all trenches as specified under Section 02200, EARTHWORK, EXCAVATION AND BACKFILL, until surface 'restoration is completed. 3.12 ASPHALT CONCRETE PAVEMENT REPLACEMENT (STREETS NOT IRECEIVING 1'" OVERLAY A. Bring the trench to a smooth, even grade at the correct I distance below the top of the existing pavement surface so as to provide adequate space for the base course and pavement. Trim existing pavement to a straight line to remove any pavement which has been damaged or which is Ibroken and unsound to provide a smooth, sound edge for Section 02601-5 I I I ' joining the new pavement. ' B. Compact the subgrade with mechanical vibratory or impact tampers to a minimum of 95 percent of maximum as determined by ASTM D 1557. Any subsequent settlement of the finished surfacing during the warranty period shall be promptly repaired by the Contractor, at the Contractor's sole expense. IC. Place sufficient base course on the subgrade to obtain a thickness of 6 inches after compaction. Place for the full width of the trench and process as required to provide a smooth surface without segregation. D. Compact the base course with mechanical vibratory or impact tampers to a minimum of 95 percent of maximum density as determined by ASTM D 1557. Any subsequent settlement of the finished surfacing during the warranty period shall be promptly repaired by the Contractor, at ' the Contractor's sole expense. E. Place base course under all pavement to be replaced and, in addition, under gravel surfaced shoulders and other 'graveled areas. F. After the leveling course has been compacted, apply an ' asphalt prime coat, specified above, at 0.20 to 0.30 gallon per square yard to the surface of the leveling course and to the edges of the existing pavement. ' G. Place the asphalt concrete on the prepared subgrade over the trench to a compacted depth of not less than 3 inches or the depth of the adjacent pavement, whichever is greater. Spread and level the asphalt concrete with hand tools or by use of a mechanical spreader, depending upon the area to be paved. Bring the asphalt concrete to the ' proper grade and compact by rolling or the use of hand tampers where rolling is impossible or impractical. H. Roll with power rollers capable of providing compression of 200 to 300 pounds per linear inch. Begin the rolling from the outside edge of the replacement progressing toward the existing surfacing, lapping the existing ' surface at least 1/2 the width of the roller. If existing surfacing bounds both edges of the replacement, begin rolling at the edges of the replacement, lapping the existing surface at least 1/2 the width of the roller, and progress toward the center of the replacement area. Overlap each preceding track by at least 1/2 the width of the roller and make sufficient passes over the entire area to remove all roller marks. Section 02601 - 6 I I I I. The finished surface of the new compacted paving shall be flush with the existing surface and shall conform to the grade and crown of the adjacent pavement. ' J. Immediately after the new paving is compacted, all joints between new and original asphalt pavement shall be painted with hot asphalt or asphalt emulsion and be covered with dry paving sand before the asphalt solidifies. K. The surface smoothness of the replaced pavement shall be such that when a straightedge is laid across the patch area between the edges of the old surfacing and the surface of the new pavement, the new pavement shall not deviate from the straightedge more than 1/4 inch. 3.13 WEATHER CONDITIONS ' A. Asphalt shall not be applied to wet material. Asphalt shall not be applied during rainfall, sand or dust storms, or any imminent storms that might adversely ' affect the construction. The Engineer will determine when surfaces and material are dry enough to proceed with construction. Asphalt concrete shall not be placed (1) when the atmospheric temperature is lower than 40 degrees F, (2) during heavy rainfall, or (3) when the surface upon which it is to be placed is frozen or wet. Asphalt ' for prime coat shall not be applied when the surface temperature is less than 50 degrees F. Exceptions will be permitted only in special cases and only with prior written approval of the Engineer. ' 3.14 PROTECTION OF STRUCTURES IA. Provide whatever protective covering may be necessary to protect the exposed portions of bridges, culverts, curbs, gutters, posts, guard fences, road signs, and any other structures from splashing oil and asphalt from the paving operations. Remove any oil, asphalt, dirt, or any other undesirable matter that may come upon these structures by reason of the paving operations. ' B. Where water valve boxes or manhole covers are in the street raise them to match the 1½ overlay. Where drop inlets, catch basins, or grates are within the area to be surfaced, the resurfacing shall be level with the top of the existing finished elevation of these facilities. If it is evident that these facilities are not in accordance ' with the proposed finished surface, notify the Engineer Section 02601-7 I1 u to have the proper authority contacted in order to have the facility altered before proceeding with the ' resurfacing around the obstruction. Consider any delays experienced from such obstructions as incidental to the paving operation. No additional payment will be made. ' Protect all covers during asphalt application. 3.15 EXCESS MATERIALS IA. Dispose of all excess materials. Make arrangements for the disposal and bear all costs or retain any profit incidental to such disposal. 3.16 CONTRACTOR'S RESPONSIBILITY A. Settlement of replaced pavement over trenches within the ' warranty period shall be considered the result of improper or inadequate compaction of the subbase or base materials. The Contractor shall promptly repair all ' pavement deficiencies noted during the warranty period at the Contractor's sole expense. ' 3.17 CONCRETE PAVEMENT (INCLUDING DRIVEWAYS) A. Pavement replaced shall be the same thickness as that removed, except that in no instance shall it be less than ' a minimum of 5 inches. Protect the newly placed concrete from traffic for a period of 7 days and cure by covering with burlap, sand, earth, or sawdust, which is kept ' continuously wet. B. Handle and place concrete pavement in accordance with the Standard Specifications for Highway Construction of the ' Arkansas State Highway and Transportation Department. 3.18 GRAVEL SURFACING A. Where required by the Drawings, and where necessary to match existing surfaces, place crushed rock, gravel surfacing material, as specified herein, on streets, driveways, parking areas, street shoulders, and other graveled areas disturbed by the construction. Spread the rock by tailgating and supplement by hand labor where necessary. Level and grade the rock to conform to existing grades and surfaces. ' 3.19 ASPHALT DRIVEWAYS AND WALKS A. Replace asphalt driveways and walks in accordance with ASPHALT CONCRETE PAVEMENT REPLACEMENT. Section 02601-8 1 I 3.20 MILLING OF ASPHALT IA. The Asphalt along existing curbs on Rock Street and Center Street between Willow and Walnut Avenues shall be milled 1'" next to the existing curb. The City of ' Fayetteville Street Department will mill this if the Contractor desires. Contact the Street Department for their price. ' 3.21 CLEANUP A. Clean up all debris and unused materials from the paving operation. Clean all surfaces that have been spattered or defaced as a result of the paving operation. 3.22 CONTRACTOR'S RESPONSIBILITY A. The Contractor shall be fully responsible for settlement or deterioration of the finished street crossing pavement ' during the warranty period. 3.23 PAYMENT IA. Payment for the 1½ asphalt overlay shall be paid by the square yard under the contractors proposal as 1½" Asphalt Overlay. No separate payment will be made for the prime ' coat or the tack coat. B. Payment for replacement of asphalt driveways shall be ' paid by the square yard under the Contractors Proposal for Asphalt Driveways Repair. No separate payment will be made for the Prime Coat. IC. Payment for asphalt leveling course shall be paid by the ton under the Contractors Proposal as Asphalt Leveling Course. ' D. Payment for the asphalt repair on Willow Avenue in connection with installing drop inlets shall be paid by the square yard under the contractors proposal as Asphalt Repair. No separate payment will be made for the prime coat. ' E. Payment for Concrete Driveway Repair shall be paid by the square yard under the contractors proposal as Concrete Driveway Repair. F. Payment for Reinforced Concrete Pipe shall be made by the linear foot under the contractors proposal 18" RCP or 24" RCP. This payment shall be complete for the Excavation, the RCP and the Backfill including Gravel and 6" concrete Section 02601-9 I n SECTION 02602 PAVING FABRIC I PART 1 GENERAL 1.01 SCOPE A. This section covers the work necessary for the construction of asphalt and concrete pavement, using paving fabric, and incidental work, complete. ' B. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory ' for this project. 1.02 STANDARD SPECIFICATIONS A. Where the term "Standard Specifications" is used, such reference shall mean the current edition of Arkansas Highway and Transportation Department Standard Specifications. Where reference is made to a specific part of the Standard Specifications, such applicable part shall be considered as part of this section of the Specifications. In case of a conflict between the requirements of the Standard Specifications and this section, the requirements herein shall prevail. ' 1.03 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Section 02601 - Asphalt and Concrete Paving 1.04 SUBMITTALS DURING CONSTRUCTION IA. Submittals for paving fabric shall be sent to the Engineer for His approval before installing such materials. B. Prior to the delivery of paving fabric to the site, the Contractor shall submit certificates of compliance of such materials with these Specifications. C. Where laboratory testing is specified herein, the Contractor shall employ an independent testing laboratory Ito conduct such tests and submit certificates of the test results to ensure Specification conformance. D. The costs for submittals shall be included in the 'price(s) quoted for the work under this section. Section 02602 - 1 I I PART 2 MATERIALS ' 2.01 ASPHALT FABRIC A. Paving Fabric shall be installed at the locations shown Ion the drawings or as directed in the field by the City. The paving fabric shall consist of needlepunched, nonwoven, synthetic fiber geotextile material conforming to Amopave 4599 or Mirafi 140NL having the following minimum properties: Weight 4.0 oz/sq yd ' Thick ness 40 mil Grab Tensile Strength 90 lbs Grab Tensile Elongation 50 % Trapezoidal Tear Strength 30 lbs Asphalt Retention 0.2 gal/sq yd Melting Point >325 °F IPART 3 EXECUTION ' 3.01 PREPARATION OF SUBGRADE A. The surface upon which the material is to be placed shall be free of dirt, water or vegetation. 3.02 ASPHALT SEALANT IA. An asphalt sealant consisting of a paving grade uncut asphalt cement Grade AC 20 or AC 30 shall be applied to the road surface pior to installing the paving material. Emulsions or cutback asphalts shall not be used. ' B. The asphalt sealant material shall be applied with an approved mechanical pressure distributor at a rate between 0.20 and 0.30 gallons per square yard. Hand spraying shall be kept to a minimum. The preparation of the existing road suface and application of the asphalt ' sealant of Prime and Tack Coat material are set forth in Sections 026C2, 3.08 and 3.09. C. The temperature of the asphalt sealant material, at the '• time of application, shall be sufficiently high to permit a uniform spray pattern. Asphalt cement material shall be applied at a room temperature between 290°F and 325°F. ' The air temperature at the time when paving fabric is installed shall be above 60°F. Section 02602 - 2 H [1 LI 3.03 INSTALLATION OF PAVING FABRIC IA. The paving fabric shall be installed prior to the time the asphalt sealant material has cooled and lost its tackiness. Mechanical equipment shall be used in placing ' the fabric material. The equipment shall be capable of laying the fabric with minimum wrinkles and shall maintain tension on the fabric material at all times during placement. ' B. Following placement, the fabric material shall be rolled with pneumatic rolling equipment to ensure fabric contact ' with the pavement surface. The fabric shall be brommed as required to remove wrinkles and assist in the rolling process. IC. Transverse fabric joints shall be lapped 4 to 6 inches in the direction of paving machine travel to prevent pull-up of the material during the paving operation. ' Longitudinal fabric joints shall be lapped 2 to 4. Wrinkles or folds are to be slit and laid flat. Addfitional asphalt sealant material shall be sprayed onto lapped areas to ensure full penetration into the fabric material. D. Care should be exercised not to apply an excess of ' asphalt sealant material. In the event excess asphalt material bleeds through the fabric material, the affected areas shall be blotted by spreading clean sand. The excess shall be removed by brooming prior to placement of hot -mix asphalt concrete surface course. 3.04 PAYMENT ' A. The paving fabric in this section shall be paid for by the square yard under the Contractor's Proposal for ' "Paving Fabric." No extra payment will be made for the Tack Coat. END OF SECTION 1 I I Section 02602 - 3 I I 1 SECTION 03210 ' REINFORCING STEEL PART 1 GENERAL 1.01 SCOPE A. This Section covers the work necessary to furnish and install, complete, the reinforcing steel and welded wire fabric. ' 1.02 GENERAL A. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1 1.03 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 01300, SUBMITTALS DURING 'CONSTRUCTION, in Division 1, GENERAL REQUIREMENTS. 1. Bending Lists 2. Placing Drawings ' PART 2 MATERIALS 2.01 DEFORMED REINFORCING BARS IA. Deformed billet -steel bars conforming to ASTM A615, Grade 60, unless otherwise noted. I 2.02 WELDED WIRE FABRIC A. Conform to ASTM A 185 or A 497. 2.03 ACCESSORIES A. Tie wire shall be 16 -gauge, black, soft -annealed wire. ' Bar supports shall be of proper type for intended use. Bar supports in beams, columns, walls, and slabs exposed to view after stripping shall be small rectangular ' concrete blocks made up of the same color and same strength concrete being placed around them. Use concrete supports for reinforcing in concrete placed on grade. Conform to requirements of "Placing Reinforcing Bars" 'published by CRSI. Section 03210 - 1 PART 3 EXECUTION 3.01 GENERAL A. Conform to "Placing Reinforcing Bars", Recommended Practices, Joint Effort of CRSI-WCRSI, prepared under the direction of the CRSI Committee on Engineering Practice. B. Notify the Engineer when reinforcing is ready for inspection and allow sufficient time for this inspection prior to casting concrete. 3.02 DELIVERY AND STORAGE A. Deliver steel with suitable hauling and handling equipment. Tag steel for easy identification. Store to prevent contact with the ground. The unloading, storing, and handling bars on the job shall conform to CRSI publication "Placing Reinforcing Bars". 3.03 PLACING REINFORCING STEEL - CLEANING A. Clean metal reinforcement of any loose mill scale, oil, earth and other contaminants. 3.04 STRAIGHTENING AND REBENDING REINFORCING STEEL A. Do not straighten or rebend metal reinforcement. Where construction access through reinforcing is a problem, bundling or spacing of bars instead of bending shall be used. Submit details and obtain Engineer's review prior to placing. 3.05 PROTECTION, SPACING, AND POSITIONING OF REINFORCING STEEL A. Conform to the current edition of the ACI Standard Building Code Requirements for Reinforced Concrete (ACI 318), reviewed placing drawings and design drawings. 3.06 REINFORCING STEEL - LOCATION TOLERANCE A. Conform to the current edition of "Placing Reinforcing Bars" published by Concrete Reinforcing Steel Institute and to the Details and Notes on the Drawings. 3.07 SPLICING A. Conform to Drawings and current edition of ACI Code 318. Splices in adjacent bars shall be staggered. I Section 03210 - 2 I I I I3.08 TYING DEFORMED REINFORCING BARS IA. Conform to the current edition of "Placing Reinforcing Bars" published by Concrete Reinforcing Steel Institute and to the Details and Notes on the Drawings. I3.09 REINFORCEMENT AROUND OPENINGS A. Place an equivalent area of steel around the pipe or I opening and extend on each side sufficiently to develpp bond in each bar. Where welded wire fabric is used, provide extra reinforcing using fabric or deformed bars. 3.10 WELDING REINFORCEMENT A. Welding shall not be permitted unless the Contractor I submits detailed shop drawings, qualifications, and radiographic nondestructive testing procedures for review by the Engineer. The Contractor shall obtain the results I of this review prior to proceeding. The basis for the Contractor submittals shall be The Structural Welding Code, Reinforcing Steel, AWS D1.4-79, published by the I American Welding Society and the applicable portions of ACI 318, current edition. The Contractor shall test 10 percent of all welds using radiographic, nondestructive testing procedures referenced in this code. I3.11 PLACING WELDED WIRE FABRIC IA. Extend fabric to within 2 inches of the edges of the slab, and lap splices at least 1-1/2 courses of the fabric and a minimum of 6 inches. Tie laps and splices securely at ends and at least every 24 inches with 16 -gauge black annealed steel wire. Ensure that the welded wire fabric is placed at the proper distance above the bottom of the slab. Conform also to ACI 318-77 and Ito the current Manual of Standard Practice, Welded Wire Fabric, by the Wire Reinforcement Institute regarding placement, bends, laps, and other requirements. 3.12 FIELD BENDING A. Field bending of reinforcing steel bars is not permitted I when rebending will later be required to straighten bars. Rebending of bars at the same place where strain hardening has taken place due to the original bend will I damage the bar. Consult with the Engineer prior to any pour if the contractor foresees a need to work out a solution to prevent field bending. I Section 03210 - 3 I C I I SECTION 03300 ' CONCRETE PART 1 GENERAL ' 1.01 SCOPE A. This Section covers the work necessary to furnish and ' install, complete, the cast -in -place concrete, including formwork. B. See Part 3, CONDITIONS OF THE CONTRACT, and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and ' are mandatory for this project. 1.02 SUBMITTALS DURING CONSTRUCTION IA. Submittals during construction shall be made in accordance with Section 01300, SUBMITTALS DURING CONSTRUCTION, in Division 1, GENERAL REQUIREMENTS. In addition, the following specific information shall be 'provided: 1. Concrete Mix Design 2. Certification for Aggregate Quality 1.03 PLANT INSPECTION ' A. The Engineer shall have access to and have the right to inspect all batch plants, cement mills, and supply facilities of suppliers, manufacturers, subcontractors, and contractcrs providing products included in these Specifications. Batch plants shall have current certification that all weighing scales have been tested and are within the tolerances as set forth in the National Bureau of Standards Handbook No. 44. ' Be Batch plant equipment shall be either semiautomatic or fully automatic. 1.04 RELATED WORK SPECIFIED IN OTHER SECTIONS 1 A. Section No. Item 03210 Reinforcing Steel I Section 03300 - 1 I Fl PART 2 PRODUCTS 2.01 CEMENT A. Cement type will be submitted by the Contractor for the Engineer's approval. 2.02 WATER A. Clean and free from oil, acid, alkali, organic matter, or other deleterious substances. 2.03 CONCRETE AGGREGATES - GENERAL A. Natural aggregates, free from deleterious coatings, ' conforming to ASTM C33, together with all referenced ASTM Standard Specifications, except as modified herein. Aggregates shall not be potentially reactive as defined in Appendix XI of ASTM C33. The Contractor's attention is directed also to Paragraph 51.1 of Appendix XI of ASTM C 33 since evidence of reactive problems on existing structures shall be used also to prove that sources of ' aggregates are reactive and cannot be used. The Contractor shall be responsible for meeting these Specifications and shall import nonreactive aggregates if local aggregates are reactive. Aggregates shall be thoroughly and uniformly washed before use. 2.04 FINE AGGREGATES A. Conform to ASTM C33. Materials finer than the 200 sieve shall not exceed 4 percent. Use only clean, sharp, ' natural sand. 2.05 COARSE AGGREGATE IA. Use only crushed gravels, crushed stone, or a combination of these materials containing no more than 15 percent float or elongated particles (long dimension more than • five times the short dimension). Materials finer than the 200 sieve shall not exceed 0.5 percent. ' 2.06 GROUTS - NONSHRINK A. Nonshrink grout for general use where required, shall conform to the Corps of Engineers' Specification for ' Nonshrink Grout, CRD-C621-81, and to these Specificatiors. The grout shall be subject to prequalification tests performed by the grout manufacturer. Section 03300 - 2 F I I I I I Lf B. Grout shall be a fluid grout capable of satisfactorily meeting the Engineer's requirements and shall be nonmetallic, unless specified for special use hereinafter. The grout shall be a nongas-liberating type, cement base product; premixed product requiring only the addition of water for the required consistency. All components shall be inorganic. No material, except water, shall be added at the project site. C. The following listed grouts are the only materials that have been tested, reviewed, and prequalified by the Engineer, that meet these requirements, and are acceptable for general use such as grouting of equipment supports. 1. SET nonshrinking grout, Master Builders Co., Cleveland, Ohio 2. Crystex, L & M Construction Chemicals, Inc., Omaha, Nebraska D. The grout used shall be cured as recommended by the grout manufacturer. 1 2.07 FORM MATERIAL - GENERAL P L✓ I 1 I I I P A. Form surfaces shall be in "new and undamaged" condition and may be plywood, hard plastic finished plywood, overlaid waterproof particle board, and steel of sufficient strength and surface smoothness to produce the specified finish. B. All joints in forms shall be taped, gasketed, plugged, and/or caulked with an approved material so that the joint will remain watertight and withstand placing pressures without bulging outward or creating surface patterns. Formwork with gaps and apertures in the form surfaces shall not be used. Form surfaces that have been damaged and are no longer in a smooth "new and undamaged" condition shall not be reused except in areas where finish is of no real concern and then only after written approval is obtained from the Engineer. C. The Contractor shall comply with all form tie requirements included in the various sections of this Specification, and shall submit shop drawing information for review by Engineer and obtain approval prior to purchase of forms. Section 03300 - 3 I I 1 2.08 FORM TIES IA. Form ties on exposed surfaces shall be located in a uniform pattern or as indicated on the Drawings. Form ties shall be constructed so that the tie remains embedded in the wall, except for a removable portion at each end. Form ties shall have conical or spherical type inserts, inserts shall be fixed so that they remain in contact with forming material, and shall be constructed ' so that no metal is within 1 inch of the concrete surface when the forms, inserts, and tie ends are removed. Wire ties will not. be permitted. Ties shall withstand all pressures and limit deflection of forms to acceptable limits. B. Flat bar ties for panel forms shall have plastic or ' rubber inserts having a minimum depth of 1 inch and sufficient dimensions to permit proper patching of the tie hole. 2.09 BOND BREAKER A. Bond breaker shall be a nonstaining type, which will provide a positive bond prevention such as Williams Tilt -Up Compound, as manufactured by Williams Distributors, Inc., Seattle, WA; Silcoseal 77, as ' manufactured by SCA Construction Supply Division, Superior Concrete Accessories, Franklin Park, IL; or equal. Submit review copies of manufacturer's data, t recommendations, and instructions for specific use on this project. ' 2.10 CURING COMPOUND A. Curing compound to conform to the requirements of ASTM C309, with the additional requirement that permeability not exceed 0.039 gm/square cm/72 hours. Masterseal, manufactured by Master Builders, Cleveland, Ohio; Euco Floor Coat, manufactured by Euclid Chemical Co., 1 Cleveland, Ohio; or equal. Curing compounds shall be compatible with required finishes and/or coatings. Tests for compliance shall be made by manufacturer with certification furnished by the Contractor. Manufacturer's certification shall state quantity or coverage required to meet or exceed tests and method of application. The manufacturer shall submit certification ' that the product meets ASTM C309 and the additional permeability requirement, and shall specifically state the coverage required to meet these requirements. The Contractor shall not use the curing compound where additional finishes such as hardeners, paintings, Section 03300 - 4 I I staining, and other special coatings are required. Use water curing as hereinafter specified instead. PART 3 EXECUTION ' 3.01 DESIGN OF CONCRETE MIX - PROPORTIONS (GENERAL) A. Before beginning any concrete work, the Contractor shall have the concrete mix designed and the ingredients • selected and proportioned by an approved independent testing laboratory meeting the requirements of ASTM E 329. Certified copies of all laboratory trial mix reports shall be sent to the Engineer from the testing laboratory. Do not place concrete prior to the ' Engineer's review and acceptance in writing of the concrete mixes and the cylinder test results from these laboratory mixes. 1 B. The concrete mix shall be designed so that the proportions will produce results that will meet the requirements of the project. C. The concrete shall be proportioned in accordance with ACI 211 subject to the following specifications. D. Design the mix and perform tests to meet the following requirements: Ii. Design strength of structural concrete shall be a minimum of 4,000 psi at 28 days. The combined aggregate grading shall be for the 1½ ' inch grading combination hereinafter specified, unless otherwise shown on the Drawings or specified herein. All concrete is to be air entrained. 2. The water -cement ratio or water -cement plus pozzolar ratio, if applicable, shall not ' exceed 0.49 by weight, unless otherwise approved in writing by the Engineer. 3. Minimum cement content or combined cement plus ' fly ash content when fly ash is used for performance and longevity, regardless of design strength, shall be 423 pounds per cubic yard for concrete with 1 -1/2 -inch maximum size • aggregate, 470 pounds per cubic yard for 1 -inch maximum size aggregate, and 517 pounds Section 03300 - 5 I I I I I I L I ii I I I per cubic yard for 3/4 -inch maximum size aggregate. The Contractor shall increase cement content or the combined cement plus fly ash content, when fly ash is used, as required to meet strength requirements. The amount of fly ash used shall not exceed 25 percent of the total weight of fly ash plus cement. 4. Verify that design mix test results reflect a maximum slump of 4 -inches and a minimum air content of 4.5%, not to exceed 7.5%. 5. Concrete used for thrust blocks, fence post and encasement of pipelines shall have a minimum design strength of 2,000 psi at 28 days. 3.02 MEASUREMENT OF MATERIALS AND MIXING A. Conform to ACI 304 current edition and to other requirements Yereinbefore specified for mix design, testing, and quality control and to these Specifications. 3.03 RETEMPERING A. The retempering of concrete or mortar in which the cement has partially hydrated will not be permitted. 3.04 REUSE OF FORMS A. Reuse of forms will be permitted only if a "like new" condition, unless otherwise approved in writing, is maintained. The Engineer shall be notified one full working day prior to concrete placement so that the forms can be inspected. The Contractor shall correct any defective work, found in the Engineer's inspection, prior to delivery of concrete to the project. Formwork surfaces that were in good condition and accepted for use, but were damaged during removal and handling shall not be reused on additional pours. The Contractor is expected to take care in the handling of forms and to obtain approval of form surfaces prior to each reuse. B. All forms, falsework, shoring, and other structural formwork required shall be structurally designed by the Contractor and the design shall comply with all applicable safety regulations, current OSHA regulations, and other codes. Comply with applicable portions of ACI 347, ACI 318 current edition, and these Specifications. Section 03300 - 6 L I I 1 3.05 I I I I I All design, supervision, and construction for safety of property and personnel shall be the Contractor's full responsibility. FORM TOLERANCES A. Forms shall be surfaced, designed, and constructed to meet ACI 318 and the following minimum requirements for the specified finishes. Failure of the forms to produce the specified requirements will be grounds for rejection of the concrete work. Rejected work shall be repaired or replaced by the Contractor at no additional cost to the Owner. All repair or replacement shall be subject to these Specifications and the approval of the Engineer. Where the Contractor's work does not meet the tolerance specifications he shall submit his proposed method to upgrade the specified finish to compensate for the inferior appearance or to repair or provide an acceptable alternate solution. Obtain in writing the approval of this repair or alternate solution before proceeding. All repair work or work on an alternate solution required shall be at no additional cost to the Owner. I3.06 FORM SURFACE PREPARATION - GENERAL I I I I I I I [I I A. All form surfaces in contact with the concrete shall be thoroughly cleaned of all previous concrete, dirt, and other surface contaminants prior to preparing by the applicable method below. Do not reuse damaged form surfaces. 3.07 EXPOSED WOOD FORMS A. All wood surfaces in contact with the concrete shall be coated with an effective release agent prior to form installation. The release agent shall be nonstaining and nontoxic after 30 days. 3.08 STEEL FORMS A. Mill scale and other ferrous deposits shall be sandblasted or otherwise removed from the contact surface of forms. All forms shall have the contact surfaces coated with a release agent. The release agent shall be effective in preventing discoloration of the concrete from rust, and shall be nontoxic after 30 days. Section 03300 - 7 I I 3.09 BEVELED EDGES ;CHAMFER) A. Form 3/4 -inch bevels at all concrete edges. Round edges at top of walls, slabs, and beams as hereinafter specified under Paragraph CONCRETE SLAB FINISHES. Where beveled edges on existing adjacent structures are other than 3/4 inch, obtain Engineer's approval of size prior to placement of bevel form strip. ' 3.10 REMOVAL OF FORMS A. The Contractor shall be responsible for all damage resulting from improper and premature removal of forms. Satisfy all applicable OSHA requirements with regard to safety of personnel and property. 3.11 BACKFILL AGAINST WALLS A. Do not place earth backfill against walls until the concrete has obtained a compressive strength equal to the specified 28 -day compressive strength. Where backfill is to be placed on both sides of the wall, the backfill shall be placed simultaneously on both sides to prevent ' differential pressures. 3.12 PLACING CONCRETE - GENERAL ' A. Upon completion of forms and placing of reinforcing steel, and before concrete is placed, notify other trades whose work is in any way connected to, combined with, or ' influenced by the concrete work. Allow them reasonable time to complete their portion of work which must be completed before concrete is placed. B. Notify Owner or his authorized representative at least 1 full working day in advance before starting to place concrete to permit inspection of forms, reinforcing, sleeves, conduits, boxes, inserts, or other work required to be installed in concrete. C. Placement shall conform to the requirements and recommendations of ACT 304, except as modified herein. ID. Place concrete as soon as possible after leaving mixer, without segregation or loss of ingredients, without splashing forms or steel above, and in layers not over ' 1.5 feet deep. The vertical free fall drop to final placement shall not exceed 5 feet for walls narrower than 8 inches, and 8 feet for walls 8 inches and wider. Section 03300 - 8 I E. When placing concrete, use of aluminum pipe or other aluminum conveying devices will not be permitted. E I I I Li I I I I I I [1 I I F. Before depositing concrete, remove debris from the space to be occupied by the concrete. Prior to placement of concrete, dampen gravel fill under slabs on ground, dampen sand where vapor barrier is specified, and dampen all wood forms. Reinforcement shall be secured in position and acceptable to the Engineer before concrete is placed. Conform to ACI 304 and to other requirements needed to obtain the finishes specified. 3.13 CONVEYOR BELTS AND CHUTES A. All ends of chutes, hopper gates, and all other points of concrete discharge throughout the Contractor's conveying, hoisting, and placing system shall be so designed and arranged that concrete passing from them will not fall separated into whatever receptacle immediately receives it. Conveyor belts, if used, shall be of a type approved by the Engineer. Chutes longer than 50 feet will not be permitted. Minimum slopes of chutes shall be such that concrete of the specified consistency will readily flow in them. If a conveyor belt is used, it shall be wiped clean by a device operated in such a manner that none of the mortar adhering to the belt will be wasted. All conveyor belts and chutes shall be covered. Sufficient illumination shall be provided in the interior of all forms so that the concrete at the places of deposit is visible from the deck or runway. 3.14 PUMPING OF CONCRETE - GENERAL A. Pumping of concrete will be permitted only with the Engineer's approval. If the pumped concrete does not produce satisfactory end results, the Contractor shall discontinue the pumping operation and proceed with the placing of concrete using conventional methods. 3.15 REMOVAL OF WATER A. Unless the tremie method of placing concrete is specified, remcve all water from the space to be occupied by the concrete. 3.16 CONSOLIDATION AND VISUAL OBSERVATION A. Concrete shall be consolidated with internal vibrators having a frequency of at least 8000 vpm, with amplitude required to consolidate the concrete in the section being placed. At least one standby vibrator in operable Section 03300 - 9 1 I 1 I I L I I 11 I I I I I I I I I condition shall be at the placement site prior to placing the concrete. Consolidation equipment and methods shall conform to ACI 309. The forms shall contain sufficient windows or be limited in height to allow visual observation of the concrete and the vibrator operator shall be required to see the concrete being consolidated to ensure good quality workmanship, or the Contractor shall have a person who is actually observing the vibration of the concrete at all times and advising the vibrator operator of any changes needed to assure complete consolidation. 3.17 PLACING CONCRETE IN HOT WEATHER A. Prepare concrete aggregates, mixing water, and other ingredients; place concrete; cure; and protect in accordance with the requirements of ACI 305. Provide special admixtures and special curing methods required by other paragraphs in this Section even though not required by ACI 305 and ACI 318. Water -reducing and/or set -retarding admixtures shall be used in such quantities as especially recommended by the manufacturer to assure that the concrete is workable, and lift lines will not be visible in architectural concrete finishes. B. Every effort shall be made to maintain a concrete temperature below 90 degrees F at time of placement. Ingredients shall be cooled before mixing to prevent excessive concrete temperature. C. Provisions shall be made for windbreaks, shading, fog spraying, sprinkling, or wet cover, when necessary. 3.18 PLACING CONCRETE IN COLD WEATHER A. Do not place concrete when the ambient temperature is below 40 degrees F, or approaching 40 degrees F and falling, without special protection as hereinafter specified. No concrete shall be placed against frozen earth or ice, or against forms and reinforcement with frost or ice present. B. Concrete placed shall be cured and protected as hereinafter specified for a minimum of 7 days except that the strength requirements may require additional protection and curing during cold weather due to delayed field strength gain. Section 03300 - 10 I U 3.19 BONDING TO NEW CONCRETE HORIZONTAL CONSTRUCTION JOINTS ' A. Roughen the surface of the hardened concrete. Thoroughly clean and saturate with water, cover the horizontal surfaces only with at least 2 inches of grout, as hereinbefore specified, and immediately place concrete. New concrete is defined as less than 60 days old. Limit the concrete lift placed immediately on top of the grout to 12 inches thick and thoroughly vibrate to mix and ' consolidate the grout and concrete together. Provide inspection windows to allow close visual inspection of this work. 3.20 BONDING TO OLD CONCRETE A. Coat the contact surfaces with bonding agent specified hereinbefore. The method of preparation and application of both the bonding agent and the grout shall conform to the manufacturer's printed instructions and ' recommendations for specific application for this project. Obtain this recommendation in writing from the manufacturer's representative. 3.21 EVALUATION AND ACCEPTANCE OF CONCRETE A. Conform to ACI Standard Building Code requirements for ' reinforced concrete (ACI 318-83), section 4.7, "Evaluation and Acceptance of Concrete", and to the following specifications: ' 1. The Contractor will have tests made by an independent testing laboratory, approved by the Owner. to determine compliance with the Specifications. The Contractor shall furnish necessary labor to assist testing agencies in obtaining, handling, and protecting and/or ' curing samples at the jobsite. The Contractor shall provide adequate facilities for safe storage and proper curing of concrete test cylinders on the project site for the first 24 hours, and for additional time as may be required before transporting to the test lab. Specimens will be made, cured, and tested in accordance with ASTM C 31 and ASTM C 39. 2. One set of test cylinders for each class of concrete placed each day shall be taken not less than once a day, nor less than once for each 300 cubic yards of concrete pavement, nor less than once for each 1,500 square feet of wall or footing. Each set of test cylinders Section 03300 - 11 I I shall consist of one cylinder to be tested at 7 days, and two (2) cylinders to be tested at ' 28 days, and one spare cylinder for 28 day test if necessary. The Contractor may take any additional cylinders he feels necessary. 3. The frequency of testing may be increased if necessary. Additional testing, if required, will be paid by the Owner. Where the term "building official" is used in Section 4.7 of ACI 318-83, the term shall be ' redefined to "the Owner's representative". 4. Pavement shall not be deficient in thickness by more than five (5%) percent of the design ' section. Deficiency in excess of 5% shall be subject to removal and replacement at the Contractors expense, or adjustment in payment. ' 3.22 DEFECTIVE AREAS A. Remove all defective concrete such as honey -combed areas ' and rock pockets out to sound concrete. Small shallow holes caused by air entrapment at the surface of the forms shall not be considered defects unless the amount is so great as to be considered not the standard of the industry and due primarily to poor workmanship. If chipping is required, the edges shall be perpendicular to ' the surface. Feather edges shall not be permitted. The defective area shall be filled with a nonshrink, nonmetallic grout. Use an approved bonding agent on horizontal patches prior to placing nonmetallic, nonshrink grout. Since some bonding agents may not be compatible for some vertical surface patching techniques, submit all proposed methods for repair of vertical ' surfaces prior to ordering materials. The Contractor shall consult with representatives of the bonding agent manufacturer and the nonshrink grout manufacturer, and obtain a written recommendation for the patching of defective areas. Submit this information for review • prior to performing the work. 3.23 CONCRETE SLAB FINISHES A. The excessive use of "jitterbugs" or other special tools designed for the purpose of forcing the coarse aggregate away from the surface and allowing a layer of mortar to accumulate will not be permitted on any slab finish. The dusting of surfaces with dry materials will not be ' permitted. Slabs and floors shall be thoroughly Section 03300 - 12 1 I I I I I I FTI I I I I compacted by vibration. All edges of slabs and tops of walls shall be rounded off with a steel edging tool, except where a cove finish is indicated on the Drawings. Steel edging tool radius shall be 1/4 inch for all slabs subject to wheeled traffic. 3.24 CURING OF CONCRETE A. Cure concrete by keeping the surface continuously wet for 7 days where normal portland cement is used, or 3 days where high -early strength Type III cement is used. Subject to approval by the Engineer, one of the following methods shall be followed: 1. Concrete forms shall be left in place and kept sufficiently damp at all times to prevent opening of the joints and drying of the concrete; or 2. A curing compound as hereinbefore specified, where allowed, shall be applied immediately after removal of forms. 3. Exposed surfaces shall be continuously sprinkled. B. Slabs: 1. Protect surface by ponding; or 2. Cover with burlap or cotton mats kept continuously wet; or 3. Cover with 1 -inch layer of wet sand, earth, or sawdust, and keep I continuously wet; or I I I I I 4. Continuously sprinkle the exposed surface; or 5. Other agreed upon method that will provide that moisture is present and uniform at all times on the entire surface of the slab; the Contractor shall determine the best method of his operation to ensure a good water cure and submit this for review. 3.25 CURING AND PROTECTION IN COLD WEATHER A. Conform to cold weather concreting hereinbefore specified and to ACI 306. Where water curing, as specified hereinbefore for slabs, is not possible, use a double coverage of an approved curing compound and protect the Section 03300 - 13 II I slabs during the cold weather from traffic by the use of Visqueen or other material inside the required heated enclosure if foot traffic is permitted on the slabs. Repair or replace concrete damaged by cold weather. 3.26 PAYMENT ' A. Payment for the for the Drop Inlets shall be paid for each one installed under the Contractor's Proposal for • "Drop Inlets Type A," "Drop Inlet Type B," or "Drop Inlet Type C." This includes the Excavation, Rebar, Forming, Concrete and the Backfill (ABC Class 7 required) under the pavement and the ring and cover. B. Payment for the extended throat shall be paid for by the linear foot of extended throat installation under the ' Contractor's Proposal for "Extended Throat to Drop Inlets." This includes the Excavation, Rebar, Forming, Concrete and the Backfill (ABC Class 7 required under pavement). C. Payment for the 6" Concrete Top Replacement on the existing Box at the intersection of Block Avenue and South Street shall be made by the Lump Sum under the Contractor's Proposal for "6" Cap on Existing Box Culvert." The Lump Sum price shall include concrete, ' rebar, manhole ring and cover, disposal of existing grate and other miscellaneous items. END OF SECTION I L I Section 03300 - 14 L I SECTION 05500 FABRICATED METALWORK AND CASTINGS PART 1 GENERAL 1.01 SCOPE A. This section covers the work necessary to furnish and install complete, all fabricated metalwork and castings. 1.02 GENERAL A. Like items of materials provided hereunder shall be the end products of one manufacturer in order to achieve standardization for appearance, maintenance, and replacement. B. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1.02 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 1300, SUBMITTALS DURING CONSTRUCTION, in Division 1, GENERAL REQUIREMENTS. In addition, the following specific information shall be provided: 1. Shop Draw_ngs, including calculations where required. 2. Test pieces and samples 3. Certificates, test reports, etc. 1.03 RELATED WORK SPECIFIED AND PERFORMED UNDER OTHER SECTIONS A. Section No. Item 05520 Handrails and Railings Section 05500 - 1 I PART 2 MATERIALS ' 2.01 GENERAL A. The use of a manufacturer's name and model or catalog number is for the purpose of establishing the standard of quality and general configuration desired only. Products of other manufacturers will be considered in accordance with the General Conditions. B. Unless otherwise indicated, all materials shall conform to the latest issue of the following ASTM Specifications: Item ASTM Specification Steel Shapes and Plates A 36 Stainless Steel Exterior and Submerged A 167, Type 316 Industrial Uses A 167, Type 316 Interior and Architectural A 167, Type 304 'Bolts A 193, Type 316 Aluminum, Structural Shapes Alloy 6061-T6; conform to land Plates referenced specifications and ASTM sections found in the Aluminum Association current Construction Manual Series I I I I Connection Bolts Galvanized Bolts Connection Bolts Connection Bolts Cast Iron for Steel Members for Wood Members for Aluminum A 325-F A 307, A 153 A307 A 2024-T4; or use appropriate stainless steel A 48, class 30 C. The miscellaneous metalwork required to secure the various parts together and provide a complete installation, shall be included under this section. The tabulation of items herein is not intended to be all-inclusive, and it shall be the Contractor's responsibility to provide all metalwork specified, or which can reasonably be inferred as necessary to complete the project. 1 2.02 ANCHOR BOLTS I I I A. Steel Anchor Bolts (Nonsubmerged Use): One -half -inch minimum diameter with hex nuts, or as shown. Bolts and nuts shall be galvanized steel as specified hereinbefore. Section 05500 - 2 I ' B. Coated Steel Anchor Bolts (Submerged Use): A 167, Type 316 stainless steel anchor bolt, 1/2 -inch minimum diameter with hex nuts, or size as shown. Bolts shall be ' coated as specified in Section 09900, PAINTING, using the Fusion Bonded Coating, System No. 29. Coating of anchor bolt threads is not required. Where threads are covered with a fusion bonded coating, provide the nut of proper size to fit and provide a connection of equal strength to the embedded bolt. Submerged use is defined as any connection to concrete from a point ] foot 6 inches above the maximum water surface in a water holding basin and any connection below that point. 2.03 ANCHORING SYSTEMS FOR CONCRETE A. Wedge Anchors: Wedge anchors shall not be used below a point 1 -foot 6 inches above the peak (maximum) water surface in any water holding structure. See adhesive anchors or coated anchor bolts specified elsewhere in this Specification. B. Wedge anchors stainless steel, manufactured by ITT Phillips Drill Division, Michigan City, IN; Hilti Kwik-Bolt, stud type, manufactured by Hilti, Inc., Stamford, CT; Wej-It, stainless steel bolts, completely assembled, manufactured by Wej-It Corporation, Broomfield, CC; or equal. Furnish sizes shown on Drawings. Provide ICBO (International Conference of ' Building Officials) or other similar building code organization recommendations regarding safe allowable design loads. C. Expansion Anchors: Expansion anchors shall not be used except in dry areas where future corrosion is not a ' problem. In the wet or damp areas, use wedge anchors as specified above or adhesive anchors in submerged conditions as hereinafter specified. ' D. Self -drilling anchors, snap -off type or flush type. Provide anchors for use with hot -dipped galvanized bolts. Nondrilling anchors shall be flush type for use with a bolt or stud type with projecting threaded stud. Provide ICBO or other similar code organizations' recommendations regarding safe allowable design loads. ITT Phillips Drill Division, Michigan City, IN; Hilti HDI Drop -In anchors, Hilts, Inc., Stamford, CT; or equal. I I Section 05500 - 3 I E. Adhesive Anchors: Adhesive anchors shall be used for anchoring metal components at or below a point 1 -foot 6 ' inches above the peak (maximum) water surface elevations in water holding structures. For embedded anchors refer to coated steel anchors as hereinbefore specified. IF. Adhesive anchors shall be Parabond capsule anchors with 316 stainless steel stud, nuts, and washers, as manufactured by Molly Division, 504 Mt. Laurel Avenue, ' Temple, PA 19560; heavy duty adhesive anchor with HBP adhesive cartridge and has 316 stainless steel anchor rod assembly as manufactured by Hilti, Inc. P.O. Box 45400, Tulsa, Oklahoma 74145, or equal. ' 2.04 STRUCTURAL STEEL SUPPORTS IA. Provide all structural steel supports of the sizes and weights shown. All connections shall be welded, unless otherwise showr. ' 2.05 MACHINE BOLTS, INSERTS, AND FASTENERS A. Machine bolts, inserts, and fasteners permanently embedded in concrete shall be Type 316 stainless steel. B. Machine bolts, inserts, and fasteners not permanently ' embedded in concrete, but located outdoors in wet well floors, walls, and ceilings; chemical handling areas; equipment rooms subject to drainage, leakage, and washdown; and in galleries and trenches, shall be Type ' 316 stainless steel. C. Machine bolts, inserts, and fasteners not permanently ' embedded in concrete, but located indoors where washdown, leakage, and drainage are not likely to occur (e.g., in personnel buildings excluding laboratories, on motor floors, in electrical equipment rooms, and in control rooms), may be galvanized steel, ASTM A 153. 2.06 LOOSE LINTELS AND ANGLE FRAMING ' A. Provide all steel lintels and framing required for the support of masonry and other construction that are not attached to the structural steel framing. Galvanize after fabrication. 2.07 LIFTING LUGS 1 A. Individual equipment and/or each field disassembleable part over 100 pounds in weight shall be provided with proper lifting lugs for easy handling. Section 05500 - 4 I PART 3 EXECUTION 3.01 GENERAL 1 A. Workmanship and finish of all metalwork specified under this section shall be the highest grade and equal to the best practice of modern shops for the respective work. Exposed surfaces shall have smooth finish and sharp, well-defined lines. Provide all necessary rabbets, lugs, and brackets so that the work can be assembled in a neat, substantial manner. Conceal fastenings where practical. Drill metalwork and countersink holes as required for attaching hardware or other materials. Fabricate materials as specified. Weld connections, except where bolting is directed. Items requiring special fabrication methods are mentioned herein. ' Fabrication of all other items shall be of equal quality. Methods of fabrication not otherwise specified or shown shall be adequate for the stresses. ' B. Grind all exposed edges of welds smooth on walkways, guardrails, handrails, stairways, channel door frames, steel column bases, and where indicated on the Drawings. ' All sharp edges shall be rounded to a 1/8 -inch minimum radius; all burrs, jagged edges, and surface defects shall be ground smooth. IC. Welds and adjacent areas shall be prepared such that there is (1) no undercutting or reverse ridges on the weld bead, (2) no weld spatter on or adjacent to the weld ' or any other area to be painted, and (3) no sharp peaks or ridges along the weld bead. All embedded pieces of electrode or wire shall be ground flush with the adjacent ' surface of the weld bead. 3.02 WELDING IA- The technique of welding employed, appearance, quality of welds made, and the methods of correcting defective work shall conform to codes for Arc and Gas Welding in Building Construction of the AWS and AISC. Surfaces to be welded shall be free from loose scale, rust, grease, paint, and other foreign material, except that mill scale ' which will withstand vigorous wire brushing may remain. A light film of linseed oil may likewise be disregarded. No welding shall be done when the temperature of the base metal is lower than 0 degrees F. Finished members shall be true to line and free from twists. Section 05500 - 5 I ' B. All welding operators shall be qualified in accordance with the requirements of current AWS Standard Qualification Procedure D1.1, chapter 5, and welders of ' structural and reinforcing steel shall be certified for all positions of welding in accordance with such procedure. Qualification tests shall be run by a recognized testing laboratory at the Contractor's expense. C. All welding operators shall be subject to examination for requalification using the equipment, materials, and electrodes employed in the execution of the Contract work. Such requalification, if ordered by the Engineer, shall be done at the expense of the Contractor. 3.03 INSTALLATION OF FABRICATED METALWORK A. Install in accordance with the shop drawings, the Drawings, and these Specifications. Perform erection work by skilled workmen. The completed installations shall, in all cases, be rigid, substantial, and neat in appearance. Install commercially manufactured products in accordance with manufacturer's recommendations as ' approved. 3.04 ANCHOR BOLTS IA. All anchor bolts shall be accurately located and held in place with templates at the time the concrete is poured. ' 3.05 EXPANSION ANCHORS OR WEDGE ANCHORS A. Installation shall not begin until the concrete or ' masonry receiving the anchors has attained its design strength. An anchor shall not be installed closer than six times its diameter to either an edge of the concrete or masonry, or to another anchor, unless specifically ' detailed otherwise on the Drawings. 3.06 GALVANIZING AND REPAIR A. Galvanizing of steel plates, shapes, bars (and products fabricated from these items), and strip 1/8 -inch thick or ' thicker, shall conform to ASTM A 123. Pipe, welded or seamless steel, shall conform to ASTM A 120. Material thinner than 118 inch shall either be galvanized before fabrication in conformance with the requirements of ASTM • A 525, Coating Designation G 210; after fabrication, in • conformance with the requirements of ASTM A 123, except that the weight of zinc coating shall average not less ' than 1.2 ounces per square foot of actual surface area Section 05500 - 6 1 [1 I with no individual specimen having a weight of less than 1.0 ounce. Unless otherwise provided, galvanizing shall be done before or after fabrication, for material which ' is thinner than 1/8 inch, at the option of the Contractor. Galvanizing will not be required for stainless steel, monel metal, and similar ' corrosion -resistant parts. B. All welded areas shall be thoroughly cleaned prior to galvanizing to remove all slag or other material that ' would interfere with the adherence of the zinc. When it is necessary to straighten any sections after galvanizing, such work shall be performed without damage to the zinc coating. C. Galvanizing of chain link fence fabric, when specified or ' shown on the Drawings, shall conform to ASTM A 117. D. In like manner, galvanizing of iron and steel hardware, and nuts and bolts, shall conform to ASTM A 153. ' Galvanizing shall be performed after fabrication. Galvanizing of tapped holes will not be required. ' E. Fabrication shall include all operations such as shearing, cutting, punching, forming, drilling, milling, bending, welding, and riveting. F. Components of bolted assemblies shall be galvanized separately before assembly. ' G. The minimum pitch diameter of the threaded portion of all bolts, anchor bars, or studs shall conform to ANSI B1.1, having a Class 2A tolerance before galvanizing. After ' galvanizing, the pitch diameter of the nuts or other internally threaded parts may be tapped over ANSI B1.1, Class 2B tolerance, by the following maximum amounts: '• 3/8 -inch through 9/16 -inch 0.016 -inch oversize 5/8 -inch through 1 -inch 0.023 -inch oversize 1 -1/8 -inch and larger 0.033 -inch oversize ' H. Galvanized surfaces which are specifically to be painted shall not be chemically treated after galvanizing, and ' prior to cleaning and painting. I. Except for inlet grates not otherwise required to be welded, all edges of tightly contacting surfaces, where ' galvanized is required, shall be completely sealed by welding before galvanizing. H J Section 05500 - 7 I I J. Galvanized surfaces that are abraded or damaged at any time after the application of the zinc coating shall be repaired by solvent cleaning the damaged area (Steel ' Structures Painting Council SP 1) and hand or power tool (Steel Structures Painting Council SP 2 or SP 3) the damaged areas, removing all loose and cracked coating; after which the cleaned areas shall be painted with one of the following coatings: 1. One coat of Inorganic Zinc Silicate • (MIL -P-23236, class 3) 2. Two coats of Galvanizing Repair Paint (MIL -P -21O35) 3. Two coats of Zinc Dust Paint (MIL -E-15145, Formula 102) K. Paint should be applied to a cleaned surface. Abrasive blasting is required for inorganic zinc silicate. 3.07 PREPARATION FOR SHIPMENT A. Insofar as is practical, the items provided hereunder ' shall be factory assembled. The parts and assemblies that are of necessity shipped unassembled, shall be packaged and clearly tagged in a manner that will protect ' the materials from damage, and facilitate the identification and final assembly in the field. 3.08 GUARD RAILS ' A. Post and spacers shall be W6 x 8.5 6' long galvanized to meet ASTM A-123. The steel shall meet ASTM A-36. ' Guard rail material shall meet A4SH70 M180 Class A, Type 1. B. The Guard Rails on Mountain Street will be installed on New Post with spacers using existing rails. The guard ' rails on Center Street shall be installed on new post set in hand dug holes backfilled with concrete. The gurad rail on the left side of Rock Street shall be new rails on special post assembly attached to concrete box. 3.09 PAYMENT PA. The Guard rails under this section shall be paid for complete as a lump sum for each street lited in the Contractor's Proposal. END OF SECTION Section 05500 - 8 1 L