HomeMy WebLinkAbout104-95 RESOLUTIONRESOLUTION NO. 104-95
A RESOLUTION AWARDING BID NO. 95-52 IN THE
AMOUNT OF $161,313.30, PLUS A PROJECT
CONTINGENCY AMOUNT OF $20,000 TO SWEETSER
CONSTRUCTION FOR CONSTRUCTION OF A STANDARD
CITY STREET FROM THE INTERSECTION OF HIGHWAY
265 TO THE NEW ELEMENTARY SCHOOL'S DRIVE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The Council hereby awards Bid No. 95-52 in the amount of $161,313.30,
plus a project contingency amount of $20,000 to Sweetser Construction for construction of a
standard city street from the intersection of Highway 265 to the new elementary school's drive
and authonzes the Mayor and City Clerk to execute same. A copy of the contract is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 1st day of August 1995.
APPROVED:
By:
STAFF REVIEW FORM
AGENDA REQUEST
x CONTRACT REVIEW (Change order)
GRANT REVIEW
For the Fayetteville City Council meeting of N/A
FRAM•
.,,
Jim Beavers Engineering
Name Division
ACTION REQUIRED:
Mayor's execution of change order no. 1 with Sweetser Construction for
additional work on the extension of Township east of Hwy 265 to the new
school's drive.
Public Works
Department
rnsm Tn rTTY!
$ 7,948.40
$ 2o11(19
Cost of this Request Category/Project Budget
4470-9470-5809 $ ' g4, Olt
Account Number Funds Used To Date
94084-0020 $ 22,01,1
Project Number Remaining Balance
Street Imprvmnts
Category/Project Name
Program Name
Sales Tax Consrt.
Fund
BUDGET REVIEW:
IletougThi
Budge Coordinator
x Budgeted Item Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
.1,714,44:Fit) /24 u' ,rc
Accou 1 g. M.orager
City At
Purchasing Officer
LI/ 42 qt
Date
Date
A - l"lir
Date
GRANTING AGENCY:
ADA Coordinator
Inhlernal Auditor Date
1
Date
STAFF RECOMMENDATION:
Ma • 's execution of the
Bion Head
Department Director
proposed change
Adminis rative Services Directoro
May
1/61;" 4»
Date
Date
Y///eX
Date
order.
Cross Reference
New Item: Yes
Prev Ord/Res # 104-95
Orig Contract Date: 1 Aug 95
E%XETTEV7II1LE
THE CITY OF FAYE1TEVILLE ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor
Thru: Kevin Crosson, PW Director
Charles Venable, Asst. PW Dir ctor
Don Bunn, City Engineer /
From: Jim Beavers, Engineering
Date: 8 April 96
Re: Proposed change order no. 1 to the Construction Contract
with Sweetser Construction for the extension of Township
from Highway 265 to the new elementary school's drive.
The change -order is necessary to provide additional paving at the
intersection as requested by the AHTD, to provide additional
drainage at the east end and miscellaneous items discovered in
the field.
Details of the request are contained in the enclosures.
The Original contract price was $161,313.30. The proposed
increase is $7,948.40. The revised total will be $169,261.70.*
On August 1, 1995, the Council approved the $161,313.30 contract
and a $20,000.00 project contingency (Resolution 104-95).
Engineering requests that the Mayor approval the attached change
order with Sweetser Construction. After the Mayor has signed
the proposed change order, please submit one to the City Clerk
and return two to Engineering. Please call me at ext. 418 if you
need any additional information.
Enclosures:
1. Proposed change order (three originals)
* Based upon current payment estimates, the unit priced
quantities are expected to vary by $5,000.00 to $10,000.00. A
change -order to reconcile final quantities will be provided after
the construction is complete.
03/27/96
/
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Date:
Development Consultants, LLC
CONTRACT CHANGE ORDER
PROJECT : Township Road Extension Project
LOCATION : Fayetteville, Arkansas
OWNER . City of Fayetteville 1 __ _ , _'_,`•/l-
ORDER NO. 1
NO.: DCI No 94-227
NO.: DCI No 94-227
: March 25, 1996
i CHANGE
DESIGN
CONSTR.
. -_ 1DATE
OWNER: Purchasing Office, Room 306 CONTRACTOR : Mr. Bib Sweetser
The City of Fayetteville Jerry D. SFeetser, Inc.
113 West Mountain Street 590 West Poplar
Fayetteville, Arkansas 72701
Fayetteville, Arkansas 72703
ITEM NO DESCRIPTION QUANTITY UNIT CONTRACT TOTAL
UNIT
PRICE
AMOUNT
Additions; Schedule "C" Miscellaneous:
46 Asphalt Drive Retums 15
TN $60.00 $900.00
47 Pavement Marking Removal 1
LS $154.80 $154 80
48 Concrete Island Removal 1
LS $825.00 $625.00
49 18" RCP Removal & Gravel Backfill 1
LS $1.360.00 31,360.00
50 Runnels & Fonte Properly Restoration • 1
LS $1.233.60 31,233.60
51 Rock Excavation In Trenches 25
CY $125.00 $3,125.00
52 Ditch Cleaning and Debris Disposal 50
LF $5.00 $250.00
53 Speclal Equipment Mobilization 1
LS $300 00 $300.00
$7,948.40
The Onginal Contract Price was
$161,313.30
Net Change By Previous Change Order(s) .
4-
The Contract Price Prior To This Change Orders was
....... $161,313.30
The Contract Price WII Be Increased (Decreased) By This Change Order by
$7,948,40
The New Contract Price Including This Change Order is....
$169,261.70
The Contract Time Will Be Increased by ..... ............
133 Days
The Date Of Completion As Of The Date Of This Change Order is
April 30,1996
Recommended:
Development Consultants, LLC.
BY:
•
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Date: ��79G
__ Trle:��ffa✓
if
cceplle_d. Jerry D Sweetser, Inc - General Contractors
�
i
/£:-//eTitle:
BY
`� /�lc.)'•� f all
e- Date: I -
27 - `l6
Approved:
City of Fayetteville; Fayetteville, Arkansas l/
l, l., (2 /I /�ta_
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Date:
Development Consultants, LLC
CERTIFI(' % TE 01' S1' BS FAN.1141 COMM PI AE noN
OR\I:R s Project \o 13id No 9S -S2
Project Township Road Iatens on Project
CON IRA(' I OR km I) Swettser inc
Contract For Street. Storm Drainage. Rater & Sewer Improvements
F\(iINI•ER'S Project No 94-227
( ono act Date August 1, ' 99S
I his Certificate of Substantial Comple ion applies to ail Rork under the Contract Documents or to the following
.peccied part. the-eof
.Street. Storm Drainage. Hater & .Sewer 1mpnmemenh: Township Road Extension Project
Sheet No 1)escrip: t)r•
( rn ei Sheet & Vicinity Slap
1 Roadway Plar & Profile - Stators 01 to 8162
2 Roadway Sccuors - Station~ n thi 10 2. SC
Roadway Section. Star on. 1.21) to h•+to
4 Roadway Sections - Stations 7.26 to 8'62
5 Pavement Marking and Concctc Jointing Plan
6 Street and Storm Drainage Standaid Details
7 Domestic R ater and Sanitary Sewer Plan
R Sanitary Sewer Main Plan & Profile
Domestic Rale: and Sanitary Sewer Standaid Detail.
1 o City of Fayettevil'e. Fayetteville. Arkansas
(ri\\}R
And To Jetty I) Sweetser. Inc
FO\ I R.\( i OR
The Rork to which this ('e-tifica:e apches ha. Neer inspected In au:hotilea •epresentauces Of I)\V\).R_
CO\ IRACTOR. and I'Mil\l:ER and that R ork r. hereby declared to he substantially complete in accordance with
the Contract Documents on
.....December 19. 1995
1)ale of S.ihst an:.al ('emplet:on
A tentative list of items to be completed or corrected is attached hereto 1 his list may not be all-mclusny e. and the failure
to irclude an item n 1 does not ater the responsih.lih of ('O\1 RACrOR to complete all Work it accordance with
the Contract Documents When This Certificate applies lo a specified part of the Work the items in the tentative list shall
he completed or correced by (1)\ TRACTOR within 133 days of the above date of Substantial ( nmp.etion
1 he date &Substantial Completion is the date upon which all guarantees and warranties begin except as follows
Asphalt Ume RetLrrs 1Change Oder \o 1)
Concrete Dm ewav Ret ms !Change e Order No I 1
1 he responsibilities between OR'\1_•R and CONTRA(' 1 OR for secunly, operation. safety. maintenance. heat. utilities
and ins.:rance sial: he as fo low,
RISPONSI13I1.If1IS
O1%NLR As per ( ontract General X Supplemental ('ordztions
( O\l RAC 1 OR As pet Contract General Xc Supplemental Conditions
The fo low ng documents are attache:: to and made a pan of this ( ei if cale
) ('nc of fasetteville Final Inspection IAlter. Dated hebruan 12. 1996
2 1 Jerry 1) Sweetse:. Inc 1 e11et Dated \larch ' 3 tvQn
I:xecuted h\ I:\GI\1:1;R on 0-24 •9 •1f,
The COVER AC I OR accepts this ( is
Development ( onsultants. 1 1.('
1:'x(11
1h
ef u `Tb
s antral Completion or . 1
Jrn 1) Sweetser. Inc
('O\lR At' 1 I)R
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FAYETTE` I LLF
THE CITY OF FAYETTEVILLE ARKANSAS
February 12, 1996
Gregg Bone, P.E.
DCI Consultants
1970 East Joyce Blvd.
Suite no. 1
Fayetteville, AR 72703
Re: Township ext. east of Hwy 265.
The following items are required before the construction and
engineering contracts can be completed:
1. Construction contract change -order.
A change -order shall be required for the following items:
a. To add a "wedge" of asphalt or concrete pavement to the NE and
SE corners of the intersection with highway 265 as required by the
AHTD and requested by the City in my October 30, 1995 letter to
you. This requirement has been confirmed by the AHTD (6 Feb 96),
and the length of the surface can be reduced to 20 - 25 feet.
b. To provide measurement and payment for the added sleeves under
the driveways and street. It appears that this item has been paid
for as sewer service, $19.00 lf. If this is true, then a new
price, and much lower, shall be negotiated for the sleeves. The
contractor needs to furnish material and labor costs.
c. Remove the stripping on the extreme east end from the end of
the project to the center of the intersection with the school's
drive.
d. To provide for payment for the contractor removing the
concrete island on the west side of the intersection with highway
265.
e. To potentially provide a credit to the City for the approximate
600 sf of new gravel road not constructed on the east end. Refer
to my instructions to you on September 28, 1995 to save trees at
the east end. The contractor may need to provide a credit for this
small area of work not performed.
1
113 WEST MOUNTAIN 72701 501-521-7700
FAX 501-575-8257
f . The drainage pipe
intersection with highway
invoice. Add this to
consideration.
installed and then removed at the
265 - I have the contractor's proposed
the total proposed change -order for
g . The additional 2 inch tap for Runnel's irrigation - we have a
unit price for this which is reasonable.
h . The proposed drainage work on the east end. What is necessary
to get a price from the contractor to add the headwall and 18 inch
culvert under the gravel road?
i. Additional work for
(1) Additional grading
(2) Additional posts.
(3) Paint the posts to match.
(4) Concrete drive (see "3" below).
j. Additional 6 inch thickness concrete drives:
(1) Runnels east gate - full length to approximately one foot past
the gate.
(2) Fonte - to the ROW line.
Runnel's east gate:
(?)
k. The request for 17 tree removals in lieu of the 6 in the bid
schedule.
j. Any additional items which you and the contractor believe to be
proper for discussion.
2. Also include in the change -order all information necessary to
provide a reconciliatory change for all overruns (overruns in
paving, 2 inch water line, manhole extra depth...)
3. The following comments address items which are in the original
contract but need additional work:
a. The corner post and brace at Runnel's SW corner.
b. Additional manhole work as discussed at the final inspection.
c. Repair of the water line blowoff as discussed at the final
inspection.
d. Clean-up, topsoil and seeding. The topsoil and seeding
provided by the contractor is not acceptable. The clean-up
witnessed at the final inspection was full of rocks and appears to
be a mixture of construction materials and soils. The job
specifications state that the topsoil will be 3 inches minimum and
free from all rocks. The contractor shall be required to meet this
specification.
2
e. Additional grading and/or topsoil at the SE corner of Runnel's
fence. The contractor has cut the bank too much resulting in too
large of an area under the fence at the SE corner. Additional fill
shall be required.
Your prompt attention to the above items is requested.
Please call me at 575-8206 should you need any additional
information.
Thank you,
frfrear
Jim Beavers, P.E.
3
March 13. 1996
.IEUFUY iI).. ` \'v'1✓'EThEN. INC.
i,u:\P 13'\1L.11'11'•;111:,\('` •:11.12x. •l r1"(7.1:vtilil •, :\\I r1: 7;iU
-410 .NV•I• 1' •1'i z .; \g E'1'11i \ 1.1 1.1 . \•1
Mr. Gregg Bone., P.E.
DCI Consultants
1970 East. Joyce Blvd.
Suite No. 1
Fayetteville,,Ar•karsas 72703
ref.: Township Road Ezterisio' Project
Bid Nd. 95-52
Letter From .Jim Beavers- February 12. 1996
Dear :Mr..Bone,
Project Na. 5196
The following comments are made based the above 'referenced letter and project
iconeernin,g•aproposed Contract Change Order.
Item".
a. We will=add the wedge of asphalt as requested under the following condit ahs
only. This narrcw,strip of aspnalt will be applied as a full depth asphalt The
asphalt will' have to laid by "HAND" and will:be condensed With a flatplate
weaker. The.resu :irg product will not meet any `state. !municipal or county
specifications:{i.e.. density.; air content. VMA, etc;). This's simply a cosmetic
dressing of the snoulder. The-firal cos: will be abased on a cost of S60:00 per
ton with' an estimated quantity of 15 tons.
b. The additional a`' sleeves that were added and (paid:for as sewer services
were constructec under the same specifications as sewer services. We have
researched our foreman re;ports:ard have found that the true cbst=forthese
sleeve's :is closer to $-28:00 per linear loot. !If The city wishes to increage the
payment :from $719:00 per linear foot to $ M00 per linear :foot we will'have
no objections to this: •iHbwever•, since we have Yalready accepted'the much
lower price of $19:00 per linear foot we suggest that thls'issue'Ibe dlosed..
c. On December =1:2, -1'995 :five Of our personnel were working ori the above
referenced•Iproject. Included in this gr:6Lp was Gary Tyree, Genera'
Suoerineteo r Sweetser Corstruttron .Gbinpany. During;t ti =>jfim
Beavers, Franklir arrived on site and instructed MrQ
tg.
. of IY,V`\\
d. the Stripping "... exactly as the plans show it. Then we were subsequently
instructed to remove the stripping from the end of the project west to the
intersection of the school's drive. We have done this and the resulting cost
is $ 154.80 .
e. The concrete island on the west side of the intersection of Highway 265 and
Township has been removed and the resulting cost is $ 625.00.
e. The gravel for the road area to the east end of the project is paid for by the
ton, the final tonnage for the project will be determined by haul weight tickets
which will be available upon request.
f. We have submitted our proposal for this change concerning the removal of
the 18" RCP, the final cost was $1,360.00
g. N/A
h. For this item, see our letter dated 20 December, 1995.
i. The additional work that we have performed for the Runnel's and Fonte's
residences is itemized as follows •
1. 10 hours of back hoe @ $50.00 per hour $ 500.00
2. 4 hours of truck haul @ $40.00 per hour $ 160.00
3. 16 tons of Class 7 Base @ $14.00 per ton $ 224.00
4. 32 I.f. of 3 rail fence w/ vinyl wire (Runnel) $ 349.60
1-
$1,233.60
If the City requests us to install concrete driveways for this area we will
propose to do this for a unit price of $32.10 per square yard, this is inclusive
of all work to be performed. This will have to be issued in the formal Change
Order.
k. The request for seventeen ornamental trees in lieu of 6 has been addressed
previously in your letter to Mr. Jim Beavers, dated October 27,1995.
2. These items are addressed to you.
3. Original work that needs additional attention:
a. The corner and brace post will be replaced by our crews as soor. as
practical.
b. The additional manhole work has been done and to our understanding has
been inspected and accepted by Dave Jurgens, COF.
c. The water line blow off repair has been completed.
d. The topsoil has been reworked and seeded with a stand of grass on it and
we wish this item to be accepted by the City. The recent weather may have
blown some areas of the seed and straw away, we will touch up these areas
as soon as practical.
e. We will repair the SE corner Runnel's property soon.
Please review this information and provide us with an official Change Order as
soon as possible . It is Imperative that we finalize this project as soon as
possible. If you have ary questions please feel free to contact me at aur offices.
Sincerely,
C. seph /att
Project Manager
FAYETTEVII LLE
THE CITY OF FAYFTTEVILLE. ARKANSAS
1
•
DEPARTMENTAL CORRESPONDENCE
To: Traci Paul, City Clerk
From: Jim Beavers, Engineeringl,
Date: 26 July 96 '�7
Please find enclosed an executed original change order no. 2 with
Sweetser Construction for the Township Extension east of Highway
265. The change order was to reconcile final units and was
approved by the City Engineer in accordance with Policy IC -2 (under
$10,000.00).
Project no. 94084-0020
Prev Ord/Res # 104-95
Original Contract Date: 1 Aug 95
06/20/96
CONTRACT CHANGE ORDER
PROJECT : Township Road Extension Protect
LOCATION . Fayetteville. Arkansas
OWNER : City of Fayetteville
OWNER:
Purchasing Office, Room 306
The City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
CHANGE ORDER NO. 2
DESIGN NO. DCI No 94-227
CONSTR. NO.: DCI No 94-227
DATE : June 20, 1996
CONTRACTOR : Mr. Bill Sweetser
Jerry D. Sweetser, Inc.
590 West Poplar
Fayetteville Arkansas 72703
ITEM NO
DESCRIPTION
54
QUANTITY
UNIT CONTRACT TOTAL
UNIT PRICE AMOUNT
Changes in Contract Quantities & Unit Prices
Attached As "Final Estimate"
(Prepared & Dated June 19. 1996)
As Shown
As Shown
As Shown $170,401.12
The Onginal Contract Pnce was ...........................
Net Change By Previous Change Order(s) ...................................................
The Contract Price Prior To This Change Orders was
The Contract Price Will Be Increased (Decreased) By This Change Order by
The New Contract Pnce Including This Change Order is .............................................
The Contract Time Will Be Increased by.
The Date Of Completion As Of The Date Of This Change Order is.. .................. ......
$161,313.30
$7,946.40
$169,261.70
$1,139.42
$170,401.12
0 Days
April 30, 1996
Recommended: Development Consultants. LLC.
Title:.,yam .sC7C. ,C.,Nc Date.
D. Sweetser. Inc - General Contractors
Title
PRESIDENT
Approved- City of Fayetteville; Fayetteville. Arkansas
Date: 25``x(•
Date:
7/743/g
Development Consultants LLC
JERRY D. SWEETSER, INC.
GENERAL CONTRACTORS - LICENSED - INSURED
590 WEST POPLAR - FAYETTEVILLE, ARKANSAS, 72703
PAGE: 1
TO. CITY OF FAYETTEVILLE DATE: 06/19/96
113 W MOUNTAIN ESTIMATE PERIOD: 05/01/96 THRU 05/31/96
FAYETTEVILLE PROJECT: CITY OF FAY - TOWNSHIP RD EXT.
JOB NUMBER: 5196
;TEM COST
NUMBER CODE DESCRIPTION
CONTRACT . UNIT THIS ESTIMATE---- -----T0 DATE ESTIMATE----
UOM QUANTITY PRICE QUANTITY VALUE QUANTITY VALUE
01 02020 R/D 24" OAK TREE EA 1.00 350.00 1.00 350.00
02 02020 R/0 ORNAMENTAL TREES EA 6.00 100.00 17.00 1,700.00
03 02834 R & 0 METAL CULVERTS EA 2.00 100.00 2.00 20C.00
04 02833 R & D STONE GATE & MAILBOX EA 1.00 200.00 1.00 200.00
05 02822 RELOCATE EXISTING FENCE LF 470.00 5.50
06 05060 18" CLASS III RCP LF 150.00 30.00 247.50 7,425.00
07 05061 18" RCP FLARED END SECTIONS EA 2.00 450.00 3.00 1,350.00
08 06060 8' - 0" CONCRETE CURB INLET EA 2.00 1,650.00
09 06060 12' - 0" CONCRETE CURB INLET EA 2.00 2,000.00 2.00 4,000.00
'0 02071 18" THICK RIP -RAP SY 4.00 32.CC 4.00 128.00
11 05178 4" PIPE UNDERDRAIN LF 140.00 8.00 140.00 1,120.60
12 06060 CONCRETE AIR VALVE BOX EA 1.00 1,500.00
13 02030 UNCLASSIFIED EXCAVATION CY 2,234.00 10.00 2,234.00 22,340.00
14 06210 CLASS 7 ROADWAY BASE TON 540.00 14.00 556.50 7,791.30
15 06040 6" CONCRETE PAVEMENT SY 3,604.00 16.45 125.06 2,057.23 3,791.88 62,376.41
16 06050 5' - 0" SIDEWALKS .F 780.00 8.75 828.95 7,253.31
17 06833 HANDICAP RAMPS EA 3.00 100.00 3.00 300.00
18 02091 SEEDING ACR 0 60 3,000.00 0.60 1,800.00
19 07014 4" THERMOPLASTIC MARKING LF 2,300.00 1.50 1,891.00 2,836.50
20 07014 12" THERMOPLASTIC MARKING IF 60.00 6.00 100.00 600.00
21 07016 THERMOPLASTIC MARKING WORD EA 2.00 250.00 1.00 250.00
22 07016 THERMOPLASTIC MARKING ARROW EA 6.00 150.0C 6.0C 900.00
23 04030 6" PVC WATER MAIN LF 824.00 15.00 824.00 12,360.00
JERRY D. SWEETSER, INC.
GENERAL CONTRACTORS - LICENSED - INSJRED
590 WEST POPLAR - FAYETTEVILLE, ARKANSAS, 72703
PAGE: ' 2
TO. CITY OF FAYETTEVILLE DATE: 06/19/96
113 W MOUNTAIN ESTIMATE PERIOD: 05/01/96 THRU 05/31/96
FAYETTEVILLE PROJECT: CITY OF FAY - TOWNSHIP RD EXT.
JOB NUMBER: 5196
ITEM - COST
NUMBER CODE DESCRIPTION
CONTRAC" UNIT THIS ESTIMATE ---- -----TO DATE ESTIMATE----
JOM QUANTITY PRICE QUANTITY VALUE QUANTITY VALUE
24 04010 2" PVC WATER MAIN LF 35.00 20.00 39.00 780.00
25 04140 12" X 6" TAPPING SLEEVES EA 1.00 900.00 1.00 900.00
26 04029 6" X 6" TEE EA 2.00 300.00 2.00 600.00
27 04041 6" - 1/32 BEND EA 1.00 300.00 1.00 300.00
28 04130 6" GATE VALVES & BOXES EA 3.00 600.00 3.00 1,800.00
29 04120 6" FIRE HYDRANT (NEW) EA 1.00 1,700.00 1.00 1,700.00
30 04120 6" FIRE HYDRANT (RELOCATED) EA 1.00 1,500.00 1.00 1,500.GC
31 04150 2" FLUSHING ASSEMBLIES EA 1.00 500.00 1.00 500.00
32 04140 2" TAP AND VALVE EA 2.00 500.00 3.00 1,500.00
33 04110 SINGLE WATER SERVICE EA 1.CC 400.00 1.00 4C0.00
34 03008 SEWER SERVICE (TRENCH & BACKE: LF 60.00 19.00 60.00 1,140.00
LL)
35 03008 0 - 6' TRENCH & BACKFILL LF 105.00 1.00 105.00 105.00
36 03008 6 - 8' TRENCH & BACKFILL LF 365.00 1.50 365.00 547.50
37 03010 4" SDR -26 PVC SERVICE LINE L 60.00 19.00 261.00 4,959.00
38 03040 8" SDR -26 PVC SEWER LINE LF 470.00 20.00 470.00 9,400.00
39 03080 STD. MANHOLE 0-4' EA 3.00 1,000.00 3.00 3,000.00
40 03081 EXTRA DEPTH MANHOLE VF 4.60 125.00 5.60 700.00
41 03079 CONNECTION TO EXISTING LINE EA 1.00 1.00 1.00 1.00
42 03210 CLASS 7 DRIVE BACKFILL TON 67.00 14.00 67.00 938.00
43 02820 MOBILIZATION EA 1.00 1.00 1.00 1.00
44 02060 FINAL CLEAN-UP EA 1.00 1.00
45 05213 TRENCH EXCAVATION SAFETY EA 1.0C 1.00 1.00 1.00
46 06090 DRIVEWAYS SY 114.29 18.00 114.29- 2,057.22-
T0.
JOB NUMBER:
CITY OF FAYETTEVILLE
113 W MOUNTAIN
FAYETTEVILLE
5196
ITEM COST
NUMBER CODE DESCRIPTION
47 08828
48 02810
49 06096
50 02810
ADDITIONAL ASPHALT
JERRY C. SWEEISER, INC.
GENERAL CON'RACTORS - LICENSED - INSURED
590 WEST POPLAR - FAYETTEVILLE, ARKANSAS, 72703
CONTRACT
UOM QUANTITY
TON 10.00
REMOVAL OF PAVEMENT MARKING EA 1.00
REMOVAL OF CONCRETE IS.AND EA 1.00
PAGE: 3
DATE: 06/19/96
ESTIMATE PERIOD: 05/01/96 THRU 05/31/96
PROJECT: CITY OF FAY - TOWNSHIP RD EXT.
UNIT
PRICE
60.00
154.80
625.00
REMOVAL 18' RCP 8 GRAVEL EA 1.00 1,360.00
51 02826 RUNNEL"S 8 FONTE PROPERLY REST EA
ORATION
52 00000 ROCK EXCAVATION
1.00 1,233.60
CY 25.00 125.00
53 02060 DITCH CLEANING IL DEBRIS CISPOS LF
AL
54 02820 MOBILIZATION - SPECIAL EQUIPME EA
NT
TOTALS
RETAINAGE
BOND PREMIUM
PREVIOUS PAYMENTS->
AMOUNT DUE
1 743
78 q
7 80 7
779
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MICROFILMED
EXHIBIT A
�.. STREET, STORM DRAINAGE, WATER AND SEWER
1
TOWNSHIP ROAD EXTENSION PROJECT
•
' A Public Works Capital Improvement Project
Fayetteville Arkansas
Bid No. 95-52
Improvements For The
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CITY OF FAYETTEVILLE
113 WEST MOUNTAIN
FAYETTEVILLE, ARKANSAS 72701
Prepared By
/e $ Tof
I tee.
$, ARI NSAS '+z
REGISTERED
PROFESSIONAL
ENGINEER
\c) No.5854
'tyke'0RY
Development Consultants, LLC
1970 East Joyce, Suite 1
Fayetteville, Arkansas 72703
Project No. 94227
JULY 1995
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1 STREET, STORM DRAINAGE, WATER AND SEWER
1 Improvements For The
1 TOWNSHIP ROAD EXTENSION PROJECT
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A Public Works Capital Improvement Project
Fayetteville Arkansas
Bid No. 95-52
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I CITY OF FAYETTEVILLE
113 WEST MOUNTAIN
FAYETTEVILLE, ARKANSAS 72701
1 Prepared By
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1 Development Consultants LLC
1970 East Joyce, Suite 1
Fayetteville, Arkansas 72703
1 Project No. 94227
' JULY 1995
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TABLE OF CONTENTS
DOCUMENT TITLE
00020 TNVTTATION TO BID
CC1CC INSTRJCTION TO BIDDERS
00200 INFORMATION AVAILABLE TC BIDDERS
00300 BID FORM
00500 CONTRACT
005:0 PERFORMANCE BOND
00520 PAYMENT BOND
00700 STANDARD GENERAL CONDITIONS
00800 SUPPLEMENT TO GENERAL CONDITIONS
00860 LIST OF DRAWINGS
01010 SUMMARY OF WORK
01505 MOBILIZATION
01703 CONTRACT CLOSEOUT
0:720 PROJECT RECORD DOCUMENTS
32113 SITE CLEARING
02212 ROADWAY GRADING
02220 STRUCTURE EXCAVATION & BACKFILL
02272 DUMPED RIPRAP
0251C SIDEWALKS
32`15 PORTLAND CEMENT CONCRETE PAVING
02588 ROADWAY PAVEMENT MARKINGS
02616 DUCTILE IRON PIPE & FITTINGS
02690 VALVES & HYDRANTS
02713 WATER NINE CONSTRUCTION
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SECTION 00020
IPdV1.A_'ION TO BID
STREET, DRAINAGE, WATER AND SEWER IMPROVEMENTS
FOR THE
TOWNSHIP ROAD EXTENSION PROJECT
CITY OF FAYETTEVII,ILE
FAYETTEVILLE, ARKANSAS
City of Fayetteville Bid No. 95-52
DCI Engineering Project No. 94-227
• Sealed bids for the construction of Street, Drainage, Water
• and Sewer Improvements for the Township Road Extension
Project will be received by the City of Fayetteville,
Arkansas, at the Purchasing Office, Room 306, City
Administration Bu;ld:nq, 113 West Mountain Street,
Fayetteville, Arkansas, 72701, until 2:00 p.m. local time on
Tuesday, July 25, 1995, and then at said office publicly
openea and read aloud.
The proposed Work generally consists of: Extension of
Township Road, East of State Highway 265, approximately 862
lineal `feet. Work required will consist of grading (2084
CY), storm drainage (150 :,F), concrete paving 3577 SY),
sidewalk ;780 1,=), water line (824 LF), sewer line (47C LF),
and associated improvements.
' The Contract Documents, consisting of the Invitation To Bid,
Instruction to Bidders, Bid Form, Contract, Performance
Bond, Payment Bond, General Conditions, Supplementary
Conditions, rrawings, Specifications, and Addenda, may be
examinea and obtained at Development Consultants, LLC, 1970
East Joyce, Suite 1, Fayetteville, Arkansas, 72703. The
cost for the plans and specifications :s $50.00 per set and
is non-refundable.
' Each contractor shall be responsible for the investigation,
inspection, and studies of the project site as deemed
necessary to familiarize themselves with all conditions
likely to be encountered. Each contractor shall be
' responsible to read and comply with the Instructions to
Bidders as contained in the Contract Documents.
' Each bid must be accompanied by a cashier's check or surety
bond in an amount of five percent (5t) of the total amount
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bid. Said bond shay_ he issued by a resident local agent
who :s licensed by the Arkansas State Insurance Commissioner
• to represent the surety company executing said bonds, and
filing with such bonds his power -of -attorney. The :Here
countersigning of the bonds by a resident agent shall not be
sufficient. ]n. the event the successful bidder fails,
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neglects, Cr refuses to enter into the contract for the
construction c'. said work and furnish the necessary bonds ir.
accordance with the Contract General and Supplemental
Conditions, the Owner shall retain said check or bond as
liq'uidatec damages.
' Bids shall be made on t'. -.e Official bid form contained in the
specifications, and such bid form shall not be removed from
the remainder of the Spec:fica'.nons and Contract Documents.
' All bids shat) be sealed and the envelope addressed to the
City of Fayetteville, Purchasing Office, Room 306, 113 West
• Mountain Street, Fayetteville, Arkansas 72',::1. Clearly
marked or. the lower left side of the bid envelope shall be
the fol;owing information: The Bid number, The project
name/title, the date of the bid opening, the time of the bid
opening and the bidding contractor's name and license
number.
All bidders shall be licensee under the terms of Act 150 of
the 1965 Acts of the Arkansas Legislature.
No bidder may withdraw his nid within sixty (6C) days after
the actual date of the bid opening.
:he City cf Fayetteville reserves the right to reject any
and all bids, and tc waive any formalities as deemed to be
in the best interest of the City of Fayetteville.
Submitted this day of _
Peggy Bates
Purchasing Officer
City of Fayetteville
Fayetteville, Arkansas
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EN:: CL' -CCUMENT
000.,20-2
Publish:
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SECTION 00100
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ItiSTRUC:1ON5 TC BIDDERS
1. DEFINED TERMS:
Terms used in. these Tnstructions to Bidders which are
defined in the Standard General Conditions of the
Construction Contract shall have the meanings assigned to
them in the General and Supplementary Conditions. The term
"Bidder" means one who submits a Bid directly to the Owner,
as distinct from a sub -bidder, who submits a bid tc a
Bidder. The term "Successfu_ Bidder" shall mean the lowest,
qualified, responsible and responsive Bidder to whom the
Owner (on the basis of Owner's evaluation as hereinafter
provided) maces an award. The term "Bidding Docu.-nents"
includes the lnvitat:on to Bid, Instructions to Bidders, the
Bid Form, and the proposed Specifications and Contract
Documents ;inc_uding all Addenda issued prier to the receipt
of Bids).
2. COPIES OF HE B_DD1NG JCCUMEN S:
Complete sets of the
Biddin4
Documents
stated in the
Invitation to Bid may
be
obtained from
Development
Consultants, 1,JC, 19%0
Arkansas, 72703. Cost
and is nonrefundable.
East Joyce, Suite
for the document is
1, Fayetteville,
$50.CC per set,
Complete sets of Bidding Documents must be used in preparing
Bids; neither the Owner nor Engineer assumes any
responsibility for error or misunderstandings resulting from
the use of incomplete sets of Bidding Documents.
Owner and Engineer it making copies of Bidding Documents
available or. the above terms do so only for the purpose of
obtaining Bids or. the work and do not confer a license or
grant for any other use.
3. QUAL:F:CAT:GNS OF' BIJJERS:
When included with, and made a part of the Bid Form, the
Bidder must submit a completed "Statement cf Bidder's
Qualifications". The "Statement of Bidder's Qualifications"
_s required to demonstrate qualifications to perform the
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Work and will be used in evaluating a:: bids as a basis for
a'w'ard.
4. EXANINA^ICN CF CONTRACT DOC:,TC.ENTS AND SITE:
4.1. It is the responsibility of each Bidder before
subm'_tt_ng a Bid, to:
a) examine the Contract Documents thoroughly,
b) visit the site to become familiar with local and
specific conditions which may affect cost,
progress, safety, performance or furnishing of the
Work,
c; consider all Local, State, and Federal Regulations
and Laws which may affect cost, progress,
safety, performance or furnishing of the Work,
d) study and carefully correlate Bidder's observations
with the Contract Documents and,
e) notify Engineer of any and all conflicts, errors or
discrepancies in the Contract Documents.
4.2. Information and data reflected in the Contract
Documents with respect to Underground Facilities at cr
contiguous to the site is based upon information and data
furnished to the Owner and Engineer by owners c: such
nderground Facilities or ethers, and Owner nor Engineer
does not assume responsibility for the accuracy or
completeness thereof unless it is expressly provided
otherwise in the Supplementary Conditions.
4.3. Provisions concerning responsibilities for the
adequacy of data furnished to prospective Bidders on
subsurface conditions, Underground Facilities and other
physical conditions, and possible changes in the Contract
Documents due to differing site conditions appear in Article
4 of the General Conditions, and any associated
Supplementary Conditions.
' 4.4. Before submitting a Bid, each Bidder will, at Bidder's
own expense, make or obtain any additional information,
examinations, explorations, tests and studies which pertain
to the physical conditions of the surface and subsurface at,
' or contiguous to the site or otherwise which may affect
cost, progress, safety, performance or furnishing of the
Work
and
which the
Bidder deems necessary to
determine the
'
Bid
for
performing
and furnishing the Work
in accordance
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with the tine, price, and other terms and conditions of the
Contract ocuments.
4.5. Upon request in advance, the Owner will provide each
Bidder access tc the site to conduct any observations,
explorations and tests as each Bidder deems necessary for
submission of a Bid. Bidder shall be required to fill in
all holes and restore all property to it's former conditicn.
4.6. The _ands upon the Wcrk is to be performed, rights -of -
way and easements `-cr access thereto and other lands
designated for use by the Contractor in performing the Work
are Ldent:f=edin the Contract Documents. Al: additional
lands and access thereto required for temporary facilities
or storage of materials and equipment are to be provided by
the Contractor. Easements for permanent structures or
permanent changes in existing structures are to be obtained
in advance by the Owner unless specifically noted otherwise
in the Contract Documents.
4.7. The Bidder must satisfy themselves of the accuracy to
the estimated quantities in the Bid schedule by examination
• of the site and a review of the drawings and specifications
including any Addenda. After bids have been submitted, the
Bidder shall nct assert that any misunderstanding existed
concerning the quantities of Wcrk cr the nature of Work to
be performed.
4.8. The submission of a Bid will constitute an irrevocable
representation by Bidder that Bidder has complied with every
provision and requirement of this paragraph 4, that without
exception the Bid is premised upon performing and furnishing
the Work required by the Contract Documents and by such
means, methods, techniques, sequences cr procedures of
construction as may be indicated in or required by Contract
• Documents, and that the Contract Documents are sufficient in
scope and detail to indicate and convey understanding of all
terms and conditions for performance and furnishing the
Work.
4.9. All work shall conform with the "Project
Specifications" or specification referenced to the "Standard
Specifications for Highway Construction.", edition of 1993,
published by the Arkansas State Highway and Transportation
Department (AHTD;. Measurement and payment for each item
shall be as defined in the Bid Form and elsewhere in these
specifications.
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' 5. TNTERPRETA:CNS AND ADDENDA:
All questions about the meaning or intent of the Contract
Documents are tc be directed to the Engineer.
Interpretations or clarifications considered necessary by
' the Engineer in response to such questions, and/or any
information deemed necessary by the Owner or Engineer, will
be issued by Addenda mailed or delivered to all parties
recorded by the Engineer as having received the Bidding
Documents. Only questions answered and/or other information
furnished by formal written Addenda will be binding.
The Point cf Contact for questions and clarifications for
this specific project is Mr. Jim Beavers, P.E., City
Engineering Office, 0501; 444-3418 or Mr. Greg Bone, P.E.,
Development Consultants, LLC, ;50=) 444-7830.
1 6. BID SECUR:1".':
Each Bid must be accompanied by Bid security made payable tc
the Owner in an amount of five percent (5%) of the Bidder's
• total contract price. The bid security may be in the form
of a certified cashiers check or a Bid Bond (on the form
' attached, if a :crm is prescribed and included) issued by a
surety meeting the requirements of the Genera- and
Supplementary Conditions.
The Bid security of the Successful Bidder will be retained
until such Bidder has executed the Agreement and furnished
the required contract security, whereupon the Bid security
will be returned. If the Successful Bidder fails to execute
• and deliver the Agreement and furnish the required contract
security within 1C days after the Notice of Award, Owner may
annul the Notice of Award and the Bid security of that
• Bidder will be forfeited. The Bid security of other Bidders
whom the Owner believes to have a reasonable chance of
receiving award may be retained by Owner until the earlier
of the seventh day after the Effective Date of Agreement or
the 61st day after the Bid opening, whereupon the Bid
• security furnished by such Bidders will be returned. Bid
security with Bids which are not competitive will be
returned within_ 10 days of Bid opening.
7. CONTRACT
' The number of days within which, or the dates by which, the
Work is to be substantially completed and also completed and
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ready for final payment ;The Contract Time) are as set forth
in the Bid Proposal and Contract Agreement.
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8. LIQUIDATED DAMAGES:
Provisions for liquidated damages, if any, are set forth in
the Bid Proposal and/or the Contract Agreement.
' 9. SUBS: UTE CR "OR -EQUAL" ITEMS:
The Contract, :f awarded, will be on the basis of materials
and equipment described in the Drawings or specified in. the
Specifications without consideration of possible substitute
or "or -equal" items. Substitute or "or -equal" items of
materials or equipment, unless it is specified that no
substitute will be allowed, may be furnished or used by the
Contractor if acceptable to the Engineer. Application `_ci
acceptance for possible substitute or "cr-equal" items will
not be considered by the Engineer until after the effective
date of the Contract Agreement. The procedure for
• submission of any such application is set forth in Article
6.7 of the General Conditions and any associated
Supplementary Conditions.
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10. SUBCONTRACTORS, SUPPLIERS AND OTHERS:
The Contractor shall not assign or sublet all cr any part of
this Contract without the prior written approval of the
Owner and Engineer. Nor shall the Contractor allow any
subcontractor to commence work until he has provided and
obtained approval of such compensation and public liability
insurance as required by the Contract Documents. The
approval of each subcontract by the Owner will in no manner
release the Contractor from any of his obligations as set
forth in the Contract Dccur.ents including the Plans,
Specifications, Contract and Bond(s).
1 11. BID FURY:
11.1. All bids must be made on the required Bid Form
contained in the Bidding Documents. Additional copies may
be requested from the Engineer.
' 11.2. All blank spaces for Bid prices must be filled ir., in
ink or type written, and the Bid form must be fully
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completed and executed when sunmitted. Only or. (1; copy cf
' the Bid form is required.
11.3. Bids by corporations must be executed in the
' corporate name by the president or vice-president (or other
corporate officer accompanied by evidence of authority tc
sign) and the corporate seal mast be affixed and attested by
the secretary or an assistant secretary. :he corporate
address and state of inccrperatior_ must be shown below the
• signature.
' 11.4. Bids by partnerships must be executed in the
partnership name and signed by a partner, whose title must
appear under the signature and the official address of the
' partnership must also be shown below the signature.
11.5. All names must be typed or clearly printed in =nk
below the signature.
11.6. The Bid shall contain an acknowledgment of receipt of
all Addenda (the numbers of which must be filled in on the
Bid form;
1.. The address and telepncne number for communications
regard:nq the Bid must be shown.
12. SUBMISSION OF BIDS:
Bids shall be submitted at the time and place indicated in
I the Invitation to Bid and shall be enclosed in an opaque
• sealed envelope, marked in the lower :eft portion with the
Project Title, Bid Number, bate of the Bid opening, time of
the bid opening, bidding ccntractor's name and license
number. ,he Bid shall be accompanied with the Bid Security
and other required forms and documents.
If the Bid is sent through the mail or other delivery
system, the sealed enve_ope shall be enclosed in a separate
sealed envelope with the notation "Bid Enclosed" or. the face
of the outer envelope.
THE BL PROPOSAL FORK SHALL NOT BE REMCVED FROM THE BOUND
SPECIFICATIONS AND CONTitACT DOCUMENTS.
13. MODIFICATION AND WITHDRAWAL OF BIDS:
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Bids may be withdrawn or modified by an appropriate duly
executed document (in the manner that a Bid must be
executed) and delivered to the place where Bids are to be
submitted at any time prior tc the opening of Bids.
If, within 24 hours after the opening of Bids, any Bidder
files a duly signed, written notice with Owner and promptly
thereafter demonstrates to the satisfaction of Owner that
• there is a material and substantial mistake in the
preparation of it's Bid, that Bidder may withdraw ft's Bid
and the Bid security will be returned. Thereafter, that
Bidder shall be disqualified from further Bidding on the
Work provided under the Contract Documents.
14. Bids will be opened and publicly read aloud at the time
and location as specified in the Invitation To Bid. A
tabulation of the amounts of the Bids will be made available
to the Bidders after preparation by the Engineer.
' 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE:
All Bids shall remain subject to acceptance for 6C days
after the day of the Bid opening, but Owner :nay, at it's
sole discretion, release any Bid and return the Bid security
prior to that date. Additionally, if deemed necessary by
• the Owner, the Owner and the apparent Successful Bidder may
enter negot;at:ons to extend the time of acceptance beyond
the 6C days, with no changes in the Bid Proposal or Contract
' Documents.
16. AWARD Os CON^_RACT:
16.1. Owner reserves the right to reject any and all Bids,
to waive any and all Informalities not involving price, time
or changes to the Wcrk, to negotiate contract terms with the
Successful Bidder, and the right to disregard all
nonconforming, nonresponsive, unbalanced or conditional
bids. The Owner further reserves the right to reject the
Bid of any Bidder if the Owner believes that it would not be
in the best interest of the Project or Owner to make award
• to that Bidder, whether because the Bid is not responsive or
the Bidder is unqualified or of doubtful financial ability,
or of doubtful performance, or fails to meet any other
' pertinent standard or criteria .established by the owner.
Discrepancies in the multiplication of units of work and
unit prices will be resolved in the favor of the unit
1 00100-7
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prices. Discrepancies
define unit prices wil
written. Discrepancies
column of figures and
resolved in the favor of
between words and
1 be resolved in
between the ind_
the correct sum
the correct sum.
figures used to
favor of words
sated sum of any
thereof will be
16.2. In evaluating the Bids, Owner w:;_ consider the
qualifications of Bidders, whether or not Bids comply with
the prescribed requirements, and such alternates, unit
prices, and ether data, as may be requested in the Bid Form
or prior to Notice of Award.
16.3. Owner may consider the qualifications and experience
of the subcontractors, suppliers and other persons and
organizations proposed for those portions of the Work as to
which the identity cf subcontractors, suppliers and other
persons and organizations must be submitted as provided for
in the Contract Documents. Owner nay also consider the
operating costs, maintenance requirements, performance data
and guarantees of ma;cr items of material and equipment
proposed for incorporation in the Work when such data as
' required to be submitted prior tc the Notice of Award.
16.4. Owner nay conduct such investigations as Owner deems
necessary to assist in the evaluation of any Bid and to
establish the responsibility, qualifications and financial
ability of Bidders, proposed subcontractors, suppliers and
other persons and organizations prepared to perform and
furnish the Work.
16.5. If the contract is to be awarded, it will be awarded
to the lowest responsive, responsible, qualified Bidder
whose evaluation by Engineer indicates to Owner that the
award will be in the best interests of the Project and
Owner.
16.6. if the contract ;s to he awarded, Owner will give the
Successful Bidder a Notice of Award within 60 days after the
date of the Bid opening. If deemed necessary by the Owner,
the Owner and the apparent Successful Bidder may enter into
' negotiations to extend the time of acceptance beyond the 60
days, with no changes in. the Bid Proposal or Contract
Documents.
17. CONTRACT SECURITY:
Article 5 of the Genera_ Conditions, and the associated
Supplementary Conditions set forth the Owner's requirements
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as to Performance and Payment Bonds. When the Successful
Bidder delivers the executed Agreement to Owner, it must be
accompanied by the required Performance and Payment Bonds.
18. SIGNING OF AGREEMENT:
When Owner gives Notice of Award to the Successful Bidder,
it will be accompanied by the required number of unsigned
counterparts of the Agreement with all ether Contract
Documents attached. Within 10 days thereafter, Contractor
shall sign, execute and deliver the required number of
counterparts cf the Agreement and attached documents to the
Owner with the required Bonds. Within ten (10) days
thereafter Cwner shall deliver one fully signed and executed
Contract to the Contractor.
19. COMPLIANCE WITH STATE LICENSING LAW:
Contractors must be licensed in accordance with the
requirements of ACT 150, Arkansas Acts cf 1965, the
"Arkansas State Licensing Law for Contractors". Bidder who
submit Bids in excess of $20,000.00 must submit evidence of
their having a contractor's license before their Bids will
be considered, and shall note their license nu.-nber cn the
outside of their Bid.
20. LABOR LAWS:
The Contractor shall abide by all Federal, State and Local
Laws and Regulations governing labor. The Contractor shall
further agree to hold and save the Owner harmless from the
payment of any contribution under the State Unemployment
Compensation Act, and the Contractor agrees that if he is
subject to the Arkansas Sate Unemployment Act, he will make
whatever contributions as are required under and by virtue
• of the provisions of said Act.
2,. WAGES AND LABOR:
' Minimum wage rates shall be equal to the basic rates as
established by common usage n the city and adjacent
community for the various types of labor and skills
performed. in cases where wage rate determinations are
specified in the Contract Documents, the rates as specified
shall be the minimum rates which apply to the Project.
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Whenever available, the Contractor shall make use of local
common_ and/or sk:_led labor as is practical.
The Contractor and each subcontractor, where the amount
exceeds $75,330.33 shall comply with the previsions of Act
74, as amended by Act 275 of 1969 (Arkansas State. 14-633;.
The provisions are summarized below.
The Contractor and Subcontractor shall:
pay the minim:m prevailing wage rates for each
craft or type of workman and the prevailing wage
rate for holiday and overtime work, as determined
by the Arkansas Department of Labor,
'• 2; pest the scale of wages in a prominent and easily
accessible place at the site of the work,
3; keep an accurate record showing the names and
occupation avid hours worked of all workmen employed
by them, and the actual wages paid to each of the
workmen, which records shall be open at a:l
' reasonable hours to the inspection of the
Department of Labor or the owner, it's officers and
agents.
The Owner shall have the right to withhold from amounts due
the Contractor so much of accrued payments as may be
considered necessary to pay the workmen employed by the
Contractor or any subcontractor, the difference between the
rates of wages required by this Contract and the rates of
wages received by such workmen.
If it is found that any workmen employed by the Contractor
or subcontractor has been, or is being paid a rate of wages
less than the rate of wages required by this Contract, the
Owner may by written notice to the Contractor, terminate the
Contractor's right to proceed with the Work or such part of
the Work as to which there has been a failure to pay the
required wages and to prosecute the Work to completion by
Contract or otherwise, and the Contractor and his sureties
shall be liable for any costs occasioned thereby.
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22. COMP1,1ANCE WITH AC: 125, ARKANSAS ACTS OF 1965:
The attention. of Bidders is called to the previsions of Act
125, Arkansas Acts of 1965. This act provides for the
' payment of certain taxes on materials and equipment brought
into the State. :t further provides for methods of
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collecting such taxes. All provisions of Act 125, Arkansas
Acts of 1965 shall be complied with under this Contract.
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23. WITHHOLDING STATE INCOME TAXES:
The Contractor shall deduct and withhold Arkansas income
taxes, as required by Arkansas law, from wages paid
employees, whether such employees are residents or
nonresidents of Arkansas.
24. COMPLIANCE WITH RULES AND REGULATlCNS FOR THE
ENFORCEMENT AND A✓MINISTRATION OF ACT 162, ARKANSAS ACTS CF
1987:
The attention of all nonresident Bidders is called tc the
provisions of Act 162, Arkansas Acts of 1987. This act
• provides for nonresident Contractors and subcontractors
notice and bond regulations by the Commissioner of Revenues,
Department of Finance and Administration, P.O. Box 1272,
Little Rock, Arkansas 72203, prior to commencing work or
undertaking to perfcrm any duties under contract within the
State of Arkansas.
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25. SUBCONTRACTORS BONDS - ACT 190, ARKANSAS ACTS OF 1993:
The attention cf Bidders is called to the provisions of Act
190, Arkansas Acts of 1993. In general, this act provides
' for the subcontractcrs to provide to the General Contractor
performance and payment bonds, with certain regulations on
form and time, when the subcontractor's bid is in excess cf
$50,CCC.CC.
26. EXCAVATION SAFETY:
The attention of all Bidders is calved to the requirements
cf Act 291, Arkansas Acts of 1993 - Excavation and Trench
Safety. The current edition of occupational Safety and
Health Administration Standard for Excavation and Trench
Safety Systems, 29 CFR :926, Subpart P, is specifically
incorporated and made a part of these specifications and
contract documents as required by Arkansas Act 291 of the
79th General Assembly of :993. The Contractor shall be
solely responsible for the implementation of these
requirements. A copy of the OSHA regulations is included in
this set of specifications as Appendix A.
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SECTION 00200
=NFCRMATION AVAILABLE TO BIDDERS
Geotechnical investigation
In the preparaticn of Drawings and Specifications, the
Engineer has relied upon the following geotechnical
investigation report fcr the site of the proposed work:
Report to:
City cf Fayetteville
113 West Mcuntain Street
Fayetteville, Arkansas %2101
Repert dated:
June 10, 1994
Report on:
Township Road
Roadway Extension Project
Fayetteville, Arkansas
Report prepared:
' McClelland Consulting Engineers, Inc. Job # 9438,9
1910 North College Avenue
Fayetteville, Arkansas 727G1
A copy of the boring logs is appended.
The above information is not a part of the Contract
Dcc ments and is provided cnly for information and the
convenience of the Bidder.
Neither the Owner nor the Engineer guarantees the accuracy
of the geotechrical report, and the Contractor shall make
further investigation and tests as he deems necessary in
order to provide the Work at the contract price, within the
' contract time, and in accordance with the terns and
conditions cf the Contract Dcc:unents.
END OF DOCUMENT
I
00230-1
I
Project Owner CITY OF FAYE']TE'':1.LE MCE Pruett No : FY9s;SI9
Description TOWNSHIP ROAD Date Drilled: JUNE IC. Ie94
:.ovation: FAYETTEV:LLE. ARKANSAS Method Drilled SCort ruous Auger
Protect Eng.r.eer: R WAYNE JCNES, P E Boring Lecat en. 11:' East of Hwy 265
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3 150'8 "r'
5.0
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Completion Depth 5 i
Fayetteville. Arkarr<as
9.4
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Hard Weathered Sandstone
End of Bering
Depth To Wate• (Final) Dry
McCLELLAND CONS:"LYING ENGINEERS, INC.
NP
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Logged By. D. ROBERTS tl
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Line Rcck Arkansas
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LOG OF BORING NO. B-2
Projec: Owner CITY CF FAYE'TTEVILLE MCE Project No . FY94+819
Description TOWNSHIP ROAD Date Drilled JUNE 1C, 1994
Location.: FAYET:EVILLE, ARKANSAS Method Dnllei: ."' C'nrt.ruaas Auger
Prole_l Engineer R WAYNE JONES. P E Bating Lccat:cn: 29:East cf Hwy 205
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Comp'enoa Depth' 5 p' Den:h a Watcr , Fina'• Dry Logged By. U. ROBERTS
Favette e, Arkansas M,CLLLLAND CCNSITT]NG ENGINEERS. INC Little Rork, Arrarsac
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Project
Bidder:
BID FORM
STREET, STORY_ DRAINAGE, WATER AND SEWER
TOWNSHIP ROAD EXTENSION PROJECT
BID NO. 95-52; CITY OF FAYETTEVILLE, ARKANSAS
CCI ENGINEERING PROJECT NO. 94-227
ty
Arkansas Cortracto.'s License No.
Bid submitted or.
Owner: P;;RCHASING OFFICE, ROOM 306
CITY ADMINISTRATION BUILDING
113 WEST MOUNTAIN STREET
FAYETTEVILLE, ARKANSAS '72701
(date;
1. The undersigned Bidder, in compliance with your
invitation tc Bid fcr construction of the above Project,
acknowledges having received the Drawings and Pre-ect Manual
prepared by Development Consultants, LLC and dated July
1995. Also, the Bidder acknowledges having received the
following Addenda numbers:
I 2. Bidder acknowledges having examined all the Contract
Documents and the bidding requirements, the site and
locality where the Work is to be performed, the legal
requirements and the conditions affecting cost, progress or
per_`crmance of the Work, and having made such investigations
as the Bidder deems necessary.
3. The Bidder hereby agrees, if awarded the contract, tc
begin Work cn cr before the date stipulated in the written
.Notice to Proceed and to perform all the Work to Substantial
' Completion within 12C calendar days thereafter. The Bidder
further agrees to pay as liquidated damages the sum of $250
for each calendar day thereafter until the date of
Substantial Completion certification.
0300-1
I
4. The Bidder agrees to perform all the Work required by
and in strict accordance with the Contract Documents which
includes ccst of performance, labor and material bonds, fcr
the unit prices and lump sum amounts listed in the Bid
Schedule that follows.
5. Bid Schedule:
Note: ::nit prices and lump sum amounts
in both words and figures. In case of
shall be shown
discrepancy, the
amount shown in words will govern.
Item Approx.
Unit
No. Item Qty. Unit
Price Amount
SCHEDULE "A" - STREETS AND DRAINAGE
1. R&D 24" Oak Tree 1 E.A.
collars($
?$_
2. R&D Crnanenta�. Trees 6 E.A.
Dollars($
$
3. R&D 12" Metal Culverts 2 E.A.
Dollars($
1$
4. R&D Stcne Gate & Mailbox 1 E.A.
llollars;$
;$
S. Relocate Existing Fence 470 L.F.
Dollars($
6. 18" Class III RCP 150 L.F.
Dollars($
?$_
7, :8" RCP Flared End Sections 2 E.A.
Dollars($
)$
8. 8'-0" Concrete Curb inlet 2 E.A.
Dollars($
)$
9. 12'-C" Concrete Curb Inlet 2 E.A.
Dollars;$
)$
00300-2
Item
Apprcx. Unit
No.
:ten
Qty. Uri: Price
Amount
SCHEDULE "A" - STREETS AND
DRAINAGE (Continued)
10.
18" Thick R:p-Rap
4 S.Y.
Dollars($
i$
11.
4" Pipe Underdrain
140 L.F.
Dollars($
)$
_2.
Concrete Air Valve Box
1 E.A.
Dollars ($___
1 $
13.
Unclass:f:ed Excavation
2234 C.Y.
Dollars($
)$
14.
Class 7 Roadway Base
540 T.N.
_Dollars($
i$
5.
6" Concrete Pavement
3604 S.Y.
Dollars($
)$
16.
5'-0" Sidewalks
780 L.F.
Dollars($
j$
7.
Handicap Ramps
3 E.A.
Dcllarsi$
1$
18.
Seeding
0.60 Acre
__
Dollars ($
) $__
19.
4" Thermoplastic Marking
2300 L.F.
Dollars($
1$
2C.
12" Thermoplastic Narking
60 L.F.
Dollars($
)$
21.
Thermoplastic Narking
Word 2 E.A.
Dcllarsi$
)$
00300-3
Iteri Approx. Unit
No. Item Qty. Unit Price Amount
SCHEDULE "A" - STREETS AND DRAINAGE (Continued;
22. Thermoplastic Markin.; Arrow 6 E.A.
Dollars($ ;$
TOTAL BID SCHEDULE "A" $
SCHEDULE "B" - WATER AND SEWER LINES
Item.
No.
Item.
Approx.
Qty. Unit
Un.t
Price Amount
23.
6"
PVC Water Main
824 L.F.
_Dollars($
)$
24.
2"
PVC Water Main
35 L.F.
Dollars'$
)$
25.
12"x
6" Tapping Sleeves
1 E.A.
Dollars($
)$
26.
6"x
6" Tee
2 E.A.
Dollars;$
)$
27.
6"
- 1/32 Bend
1 E.A.
Dollars($
)$
28.
6"
Gate Valves & Boxes
3 E.A.
Dollars;$
I$
29.
6"
Fire Hydrant (New)
1 E.A.
Dollars($
)$
30.
6"
Fire Hydrant (Relocated)
1 E.A.
Dollars($
)$
00300-4
SCHECULE "B" - WATER AND SEWER :ZNES (Continued)
Iteir.
Approx
:;nit
No.
Iten.
O_y. Unit
Price
Ancunt
31.
2" Flushing Assemblies
1 E.A.
Dollars($
;S
32.
2" Tap and Valve
2 E.A.
Dollars($
;S
33.
Single Water Service
1 E.A.
Dollars;$
34.
Sewer Service
Trench & Backfill
60 L.F.
Dollars'$
3.`..
C-6' Trench & Backfill
105 L.F.
Dollars
($ )
$
36.
6-8' Trench & Backfill
365 L.F.
Dollars'$
)$
37.
4" SDR-26 PVC Service
Line 60 L.F.
Dcllars($
)$
38.
B" SDR-26 PVC Sewer Line
470 L.F.
__Dollars;$
)$
_
39.
Std. Manhole C-4'
3 F.A.
Dollars
($ _-__ 1$
40.
Extra Depth Nanhcle
4.6 V.F.
Dollars,$
>$
41.
Connection To Existing
Line 1 E.A.
Dcllars($
$
42.
Class 7 Drive Backfill
67 T.N.
Dollars($
1$
00300-5
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TOTAL B:D SCHEDULE "B"
Item Apprcx
No. Item Qty. Unit
SCHEDULE "C" - MISCELLANEOUS
43. Mobilization 1 L.S.
44. Final clean-up
DoliarscS
1 L.S.
Do: ars(S
45. Trench Excavation Safety 1 L.S.
Dollars (S
TOTAL BID SCHEDULE "C" $
TOTAL BID SCHEDU],ES "A"+"B"+"C".......$
Unit
Price Amount
i$
1$
'C
The undersigned further agrees that if awarded the contract,
he will commence construction work within ten (:0) days
after receipt cf written notice of acceptance of Hid
Prcpcsal.
In submitting a proposal on any or all items of unit costs,
the undersigned agrees that the Owner reserves the right to
accept or reject any or all proposals, with or w:thout
cause, and tc hold and consider as many of these proposals
as he so desires for a period of 60 days after bids are
opened. The Owner's acceptance of any of. these proposals
thereby makes it a part of the contract documents to the
same extent as though it were originally included ;,herein.
00300-6
II
Further
the undersigned agrees
to fully
and
comp:etely
submit
the detailed "STATEMENT OF
BIDDER'S
QUAII_ICAT_CNS"
as found on the pages immediately following. The
undersigned agrees that fai:ure to complete and/or prov_de
the "STATEMENT OF BIDDER'S QUA;,IF_CAT_CNS" shall be cause
for the Owner and/or Engineer to consider the bid
nonresponsive and to re;ect such bid.
RESPECTFULLY SUBMITTED:
it
By:
Signature
Title
Address
ess
Date
Ark. License Number
(Seal -if BID is by a corporation)
Attest:
Q0300-�
STATEMENT OF B:D:ER'S QUALIFICATIONS
All questions must be answered and the data given must be
clear and comprehensive. This statement must be notarized.
If necessary, questicns may be answered on separate sheets
and then attached to this statement. The Bidder may submit
any additional :nformat:on that he desires.
1. Name of Bidder.
2. Permanent main office address and telephone rumber,
3. When organized.
4. =f a corporation, where incorporated.
S. Contractor's License number.
6. How
many years
have you
been
er_caged
in the
contracting
business
under your
present
firm
or trade
name?
7. Contracts cn hand. (Schedu:e these, showing the amount
of each contract and the apprcpriate anticipated dates of
completions, and a point of contact for references.)
B. Have ycu ever famed to complete any work awarded to
you?
9. Have you ever defaulted on a contract? If so, where and
why?
10.
Experience
in construction
similar in size
and scope to
this
project,
along
with the
project owners and
engineers.
11. L,st_ of major equipment available `_cr this ccntract.
CC3CC-8
12. Will you, upcn request, fill out a detailed financial
statement, including credit wcrthiness, and `furnish any
other information that may be required by the Owner?
Dated this day of , 19
Name of Crganizaticn:
by
Title
State of
County of
being duly sworn deposes and says
that he ;she) is the ____ of
Contractor(s), and that answers to the foregoing questions
and all statements :herein contained are true and correct.
Subscribed and sworn before me this day of
19
Notary Public
My commiss±or. expires
(seal)
NC OF DOCUMENT
00300-9
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The Contractor agrees tc commence work under this contract within
t• ten (10) days of the issuance of the Nct.ce to Proceed and totally
compete all work within one hunared-twenty J23) calendar days.
The Owner agrees to pay the Contractor in current funds for the
• performance of the contract in accordance with the accepted Bid
• therefore, subject to additions and deductions, as provided in the
' 33533-1
I.,L I ON C0500
CONTRACT
THIS
AGREEMENT, made and
entered
into
this
L day of -
19
95
, by and between
the
City
of
Fayettev:l]e,
Washington, State of Arkansas, Party of the First Part,
called the Owner, and _Toro b. S,.iae-�Sec I.�G
_______,of the City of Fa -_e e�r.11e, NLL.
Party of the Second Part, hereinafter called the Contractor.
WITNESSETH THAT:
Jc1JS� ,
County of
hereinafter
WHEREAS,
the Owner
has called for bids to
construct
Street, Storm
Drainage,
Water and
Sewer Improvements
for the
Township Road
Extension
Prc'ect,
Bic1 No. 95-52, as set
out ;n
the Plans and
Specifications for DCI Project Nc. 94-22%, approved by the City of
Fayettevilie, Arkansas; and
WHEREAS, pursuant to the published calls for bids under said Plans
and Speciff�cations, the Contractor is the lowest avid best qualified
bidder for the ccns=ruct:or. of said improvements;
NOW THEREFORE, the Contractor agrees with the Owner to commence and
complete the construction of:
Street, Storm Drainage, Water and Sewer Improvements for the
Township Road Extension Project, including all Work required for a
complete and acceptable installation, fcr the unit and lump sum
prices stated in the Bid Proposal, all of which become and are a
part of .his Contract, the total sin thus being One hundred s:xty-
one thousand, three hundred thirteen dollars and thiry cents
(S 61,313.3C), such in. being the agreed amount upon which bonds
and liabilities are based, and at his own cost and expense furnish
all :materials, supplies, labor, machinery, ecra:p_neat, tools,
supervision, bonds, insurance and other accessories and services
necessary tc complete the said construction in accordance with the
conditions and prices stated in the Bid attached hereto and made a
part hereof, and in accordance with the Specifications, the Genera_
Conditions, the Supplementary Conait:ors, and ir. accordance w.th
the Piar_s, which include al_ maps, plats, blueprints, and other
drawings, and wr:tten or printed explanatory matter thereof.
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Specifications, and to make payment cn account thereof as provided
below.
As soon as :s pract_cab;e after the first of each calendar month,
and in accordance with the Contract Specifications, the Cwner will
make partial payments to tre Contractor for work performed during
the preceding calendar month, based upon the Engineer's estimate of
work completed, said estimate neing certified by the Contractor and
accepted by the Owner. Re'.ainage in the amount of ten (1C) percent
shall be withheld from the partial payments by the Owner until
final completion and acceptance by the Owner and Engineer. The
Engineer shall then issue a Filial Estimate of work done based upon
the original contract and subsequent changes made and agreed upon,
if any.
Time is hereby expressly declared to be of the essence of this
contract, and the time of beginn:nq, manner of progress and tame of
completion of the work hereunder shall be and are essential
conditions hereof.
The Contractor agrees to commence work within ten (l0) calendar
days from the date of the Notice to Proceed and to proceec with the
construction of .he work and to prosecute the work with an adequate
force and in a manner sc as to complete the work within the time
stipulated herein. It :.he Contractor fails in completing the
contract within the time stipulated herein, the Contractor agrees
to pay the Cwr.er, as .iquidated damages the sum of two hundred
-
f:fty dollars $2.1D.00) per day for each calendar day of delay in
completion, said :rm,cun'.s being fixed and agreed upon by and between_
the parties hereto. Because of the impracticability and extreme
difficulty in fix=ng and ascertaining the actual aamages Owner
would in such event sustain, said amounts are to be presumed by the
parties to this contract to be the amounts of damage Cwner would
sustain. Said amounts of liquidated damages shall be deductible
from any amount due Contractor under the Final Estimate of said
work, after the completion thereof, and Contractor shall be
entitled any tc Lne Final Estimate less such amounts of liquidated
damages.
If the Contractor is delayed at any time during the progress of the
work by any act or neglect of the Owner or of the Cwrer's
employees, or by any ether Contractor employed ny the Owner, or by
changes ordered in the work, or by strikes, lockouts, fire, unusual
delay in transportation, unavoidable casualties or any causes
beyond the Contractor's control, or by delay authorized by the
Engineer pending arbitrat.on, or by any cause which the Engineer
shall decide tc justify the delay, then the time of completion
shall be extended for such reasonable time as the Enq:neer may
decide.
0JSJJ-2
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No such extension shall be made for delay occurring more than seven
days before claim therefor is made in writing to the Engineer. In
the case of a continuing cause for delay, only one claim is
necessary.
In the event the Contractor abandons the work hereunder or falls,
neglects or refuses to continue the work after ten (l0) days
written notice has been given Contractor by the Owner or by the
Engineer, then the Cwner shall have the option of 1) declaring this
contract at an end, :n which even: .he Owner shall nct be liable to
the Contractor for any work theretofore performed, cr 2) real=ring
the surety hereto, upon ten ;1C? days notice, tc complete and carry
out the contract of Contractor; and in that event, shcuid the
surety fail, neglect cr refuse to carry cut said contract, 3) said
Owner may ccmp:ete the contract at his own expense and maintain an
action against the Contractor and the surety for the actual cost of
same, together with any damages or other expense sustained or
incurred by Owner in completing this contract, less the total
amount provided for hereunder to be paid Contractor upon :.he
completion of this contract.
This contract shall be binding upon the heirs, representatives,
successors or assigns of the parties hereto, including the surety.
IN w'ITNESS WHERECF, the Owner and Contractor have hereto set their
hands and seals, respectively.
JERRY D. SWEETSER, INC
Hy _.
Witnesses'
THE C TY OF FAYETTEVIhh3
77hR
ayy,
Fred Hanna, Mayor
Traci Paul, City Clerk
*If corporat:on, secretary shcu:d -attest.
End Of Contract
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..-s^'^^^"^^ •^"^i^�^r,... .. ...may..::�...-b..... - . ,...� .....y,..4.'... . .. .....
_
UNITED STATES HDELFJGUARANTY COMPANY
(A Stock Ccnpany)
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
We Jerry D. Sweatser, Inc
as Principal, hereinafter called P-inc pal anc .JNITED STATES FIDELITY AND GUARANTY COMPANY a
:croporatior organized and exislmg order' the laws of the:State of Maryland and authorizes to do business
r the State Qf Arkansas, s Surety. here rafter callec Surety. are held and f rr-ly bound unto...... ... ...
City ci ayettevi_le, AYkansas
. ...... ... ... ... ...... ... .. .. .. .. .. .. ... .. .. .. .. ... .. ..
as Obligee. here nafter ca led Owner, in the amount a' floe hundred Sixty One mhousard Three
Hundred Thirteen Dollars & 30/13C
.. .............................. ...................
Do:lars (S = 61., 3:3.3C ), for :he payr•ent Whereof P'irc pal anc Surety Sind thennse ves, her heirs,
personal repoesentat ves, successors and assigns, jointly and severally. li•m:y by these presents.
Principal has by written agreement dated ..... ............. .. ............ entered into a contract
with Owner for Furnishing all labor and materials for street, storm drainage,
water and sewer improvements for Township St. Extension Project, Fayetteville,
Arkansas, Project No. 94 227
wn ch contract is by reference r-ade a part hereof, and is
hereinafter re'erred to as :he Contract
THE CONDITION OF THIS OBLIGATION is BLitt that 1 the Orincioal shall faithfully perform the Contract
cn his pad and shall fully indemni'y and save iarrless the Owner frcm all cost and dar.age wh:rb he may
st"er by reasor o' failure Sc to do and sha I fully reimburse and repay the Owner at outlay anc expense
which the Owner may ncir in makirg gocd any such defau t. ard. further, that if the Pdinc pal shal pay all
persons all indebtedness for labcr or mater als furnished or per'orrned under said Contrac: lading wh cn such
persons shall have a direct rig-tt o' actior against the Princ pal and Surety, jointly and severally, under this
obligat cn. subject to the Owner's pnori:y. then this ob igation shall be null and vo a: otherwise it shall rema n
in full force and effect
No suit. act'on or proceed rg shall be Drought on *.his bond outside the State of Arkansas No suit, action
or proceecing shal be brought on this bonc except Dy the Owner. unless it is Dro.Jghl n accordance with
A.C.A Section 22-9-403 (b; anc A C.A Section 18-44-503 (b (Supp. - 987) as arended No suit. act'on or
proceeding shall be brought by the Owner a'ter two years from :he dale on which 'ina payment urder the
Contract fails due.
Any alterations which may be made r• :he terns of the Contact. Or 'r the wor'<to be done under it. or
the giving by the Owner of any extension of time 'or the performance cf the Ccntact. ow any other fcrberance
on the part or ether the Owner or the Principal to the other shall rat in any way release the Pr ncipa anc
the Surety or Sureties. or e theor any o' them, their hers, personal representat ves. successors or ass gns
from their liabil ly hereunder. notice to tie Surety or Sureties of ary such alteration. extension or'orbearance
being hereby waived.
In rc event sha I the aggregate I ability of the Surety exceed the su-n set out here r.
Executed on the .......9.th .. day of . August........... 19 `J.5.
G'
Jerry J. Sweetser, Inc.
Principal �'-
Pres_denl:' -'
UNITED STATES FIDELITY AND GUARA Y ---C MPANY
Surety
Robert N. Davis Attorney -in -fact •Ri
con:rac 158 (Arkansas) (11-89)
1'30742
' UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY too o SF
' NO. 106636
KNOW ALL MEN BY THESE PRESENTS: That LNiIED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing
under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint
A.P. Eason, Jr. and Robert M. Davis
oftbe City of Fayetteville . State of Arkansas its true and lawful Attomey(s)-iu-Fact each in their separate
' capacity if more than one is named above, to sign its came as surety to. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedi ags allowed by law.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this i nstmment to be sealed with its corporate seal,
duly attested by the sigtuimres of its Senior Vim President and Assistant Secretary, this 22nd day of January A.D. 1993
UN! I ED STATES FIDEL.•TY AND GUARANTY COMPANY
• CO
(Sigried) By.(Signed) By....... ......:..... \\� ............
Assistant Secretary
STATE OF MARYLAND)
SS:
BALTIMORE CITY
' Onthis22nd dayof January ,A.D.1993 . beforemepersonally came Robert J. Lamendola
Senior Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Paul D. Sims , Assistant
Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly swom, said, that they, the said Robert J.
' Lamendola and Paul D. Sims were respectively the Senior Vice President and the Assistant Secretary of
the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they
each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affixed by order of the Board of Directors
of said corporation. and that they signed their names thereto by like order as Senior Vice President and Assistant Secretary. respectively, of the Company.
MyCommissianexpiresthe lltt day in March AD. 19 95
' if
Amory r/ NOTARY PUBLIC
This Power of Attorney is granted under and by authority of the follow rig Resolutions adopted by the Board of Directors of the UNITED STATES
FIDELITY AND GUARANTY COMPANY on September 24. 1992:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds. underrakmgt contracts and other instruments
relating to said business maybe signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
' accordance with them resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman. or the President. or an Executive Vice President or a Senior Vice President or a Vice President or an Assistant Vice President jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attorney(s)-in-Fact forpurposes only of executing and arresting bonds and undertakings and other writings obligatory to the nature thereof, and• unless subsequently
revoked and subject to my limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile sigmawre of facsimile seal shall be valid and
binding upon the Company and my such power so executed and ccit iced by such facsimile signature and facsimile seal shall be valid and binding upon the Comr•any
with respectto Amy bond orunderta►ingto which it is validly attached.
' RESOLVED. that Attorney(s)-in-Fad shall have the power and authority, unless subsequently revoked and, m any one, subject to the items and I irritations
of the Power of Attorney issued to them to execute and deliver on behalf of the Company and to attach the seal of the Company to my and all bonds and undertakings.
and other writings obligatory in the nature thereof, and any such instrument executed by such Attomeyts)-in-Fact shall be as binding upon the Coup ay as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
IL Paul D. Sims . an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY.
do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in full force and effect.
Ltbe undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoked.
' In Testimony Whereof. I have hereunto set my hand and the seal of STATES FIDELITY AND GUARANTY COMPANY an this day
of• .19
Assistantanc
c�rims t Sec
•
wll a+N
' FS 3(10.92)
' CERTIFICATE OF INSURANCE: CSR SB 08/09/95
PRODUCER I THIS CERTIFICATE :S ISSUED AS A MATTER OF INFORMATION ONLY AND
' Suite THE
& Company, Inc. I CONFERS NO R:GNTS UPON THE CERTIFICATE HOLDER. THIS CBRTIP-GATE
• I DOES NCT AMEND, EXTEND OR ALTER E COVERAGE AFFCRDEE BY THE
100 West Center, 201 I POLICIES BELOW
Fayetteville, AR I-- --------------------------- -----
7 27 02-42 17 R -- - V -- -
I CQMPANIES AFFORDING COVERAGE
PHcNE501-521-2233 I
- - - - ----- - -------- --- - ---- --- -----------------------------------------------------------------
INIIRED -CMPANY LET=BRA Bituminous insurance Co.
--------------------------------------------- ------ ------------- II COMPANY LE-sR B
Jerry Sweetser, Inc. I
---------------------------------------------------------------------------
590 W. Poplar I COMPANY IR-ER C
1 Fayetteville AR
7 -------------------- --------------------------------------
COMPANY LE=ER D
II I
COMPANY LETTER E
I' COVERAGES
THIS IS TO CERTIFY THAT POLICES OF INSURANCE LILTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE POP THE PJL:CY
' PERIOD INDICATED. NOT'WITHSTAN-Z:NG ANY REQUIREMENT, TERM OR CNL:T:ON OF ANY CONTRACT OR OTHER DOCUMENT WITF RESPEC= wH:CH :HIS CERTIFICATE MAY BE :SSCED OP MAY PERTAIN, THE :NGCRANCE AFFORDED BY THE POLICIES DESCRIBES HEREIN IS SUBJEC -
ALL TERMS EXCLUSIONS. AND CCND:TIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CJ TYPE OF 1NSURANCE POLICY NUMBER POLICY EFF I POLICY EXP L:F.ITS
' LTP. ----DA e____ I DATE
GENERAL LIABILITY I -GENERAL AGGREGATE $2, BBB, BBB
A yy
9 I
CJNN FRCIAI. GEN LIABILITY CLP2131174 10/30/94 110/30/95 IPROD_x-P_DP
' A--
I I __
[ CLAIMS MADE IX] CCC IPERS & ADV :NJLRV ,1, 000, 000
[ OWNERS 5 & CONTRACTOR'S I -EACH 3CCURRENCE '1,000,000
11 I PROTECTIVE I I--------- -
PI RE DAMAGE
1 [ (ANY ONE FIRE' 50,000
II I I I
N: I IMED EXPENSE I
'I II I (ANY ONE PERSON 15, 000
-------------------------------------------------------------------------------------------------- - I
AUTOMOBILE LIAR I (COMB s:NSLF L1N1T 11, 000, 000
'I-------------------I
--------------
AlIX ANY AUTu CAP1813240 10/30/94 110/30/95 BOIL DY INJLRY I
[ ALL OWNED AUTOS I ItPRR PERSON• '
11' SCHEDULED AUTOS I I I - ----- -__
FIRED AUTOS I IBOC:LY INJURY
• 11; NON -OWNED AUTOS I PER ACCIDENT
'11. GARAGE LIABILITY -I -
I 'PROPERTY DAMAGE I
--____---_-_
I EXCESS LIABILITY I I EACH OCCURRENCE 11, 000, 000
Ai ;7G I1MBPRFORM I CUP1850409 10/30/94 110/30/95 I---------
' :... 1 OTHER THAN UMBPELL.4 PCRM ;AGGREGATE 112, 000, 000
X STATUTORY LIMITS
Ai WORKERS' COMP I WC122292 10/30/94 1110/30/95 EACH ACCIDENT 1100,000
I. AND I I DISEASE-POL. LIMIT 11500, 000
• 11 EMPLOYERS' LIAB I I I D:SEASB-EACH EMP. 11100, 000
---------------------------------------------------I -- --------- OTHER----------------------------------
• A OCP COVERAGE I BINDER 108/09/95108/09/96 2,000,000
I
I. -------------------------
DRSCRIPTION OF OPERATICNS,•LOCATIONS "VEHICLES'SFEC:AL TTRMP
I
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CERTIFICATE HOLDER . ______ _______> CANCELLATION _____________r, -
a. = SHOULD ANY OP THE ABOVE DESCR:BED POLICIES BE CANCELLED BEFORE THE EX- 11
PIRATION DATE THEREOF, THE ISS:ING COMPANY WI:.:. ENDEAVOR TO MAIL 30 I
- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. R'JT
The City of Fayetteville, = FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OP
Arkansas = ANY KIND UPON THE COMPANY, ITS AGENTS OF REPRESENTATIVES.
'.113 West Mountain =------------------------------------------ ---------I Fayetteville AR - AUTHORIZED REPRESENTATIVE
_AOZ�lJ -93, -- - - Robert Michael
CERTIFICATE OF INSURANCE: -. - CSR SB 08109/95
11bUDUCER I T9:S CERTIFICATE IS ISSUED AS A MATTER OP INFCRMAT:ON ONLY AND
'I Eason & Company, Inc. I CCNPBRS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CBRT:P:CATE
I DOES NO: AMEND, B)TENU OR ALTER THE COVERAGE AFFORDED BY THE
100 West Center, Suite 201 PCL:C:BS BELOW.
Fayetteville, AR ------------------- - ---------------------- ---------------
72702-4217 COMPANIES AFFORDING COVERAGE
PHONE501-521-2233
• : NSUREC COMPANY LETTER Bituminous Insurance Co. I
-------------- ---------------------- -----------------
1 rOMPANY LETTER B
' Jerry Sweetser, Inc. I -------------------- 590 W . Poplar I COMPANY LETTER C
FayettevilleARI-------- ------------------------------ ----------
72703 I COMPANY LETTERD
--------------------------------------- ----------------
COMPANY LETTER E -_
=HIS :S TO CERTIFY THAT POLICIES CF :hSLPANCE LISTED BELOW HA'JE BEEN :SSEL TO THE INSUPED NAMED ABOVE PCR THE POLICY I
' FER:CD :NInCATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION CF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO I
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THd IN3JRAMCB APFCRLED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL THR!!S, EXCLUSIONS. AND CONDIT:CNS OF SUCH POLICIEJ. LIMITS SHGWN MAY HA\E BEEN REDUCED BY PAID CLAIMS
CO TYPE OF INSURANCE POLICY NUMBER PCLICY EFF POLICY RXPI LIMITS
'ILTPI LA -E I DATE I
GENERAL LIABILITY--
I IGENBRAL AGGREGATh e2 CGG,000
I- ------------I
AI X COMMERCIAL GEN LIABILITY CLP2131174 10/30/94 110/30/95 IPRCC-COMP:OP AGG
tCLAIMS MADE ,X) JCC PEES & ADV. INJURYI1, 000, 000
CWNERCONTRACTORS 1
I EACH OCCUPPBNCE 1,000, 00II 0
PROTECTIVE I I I----------------- -------
I I FIPB DAMAGE
I I I I (ANY ONE FIFE] 150,000 1
---------------- II
MAD. EXPENSE I I
I !I I (ANY ONE PERSON) 15,000
---- - -------------I- - ---------'-- -------I- --------------. . I -------I
AUTOMOBILE LIAB I I (COMB. SINGLE LIMIT 11,000,000
--!------
'• A 7G ANY ALTO I CAP1813240 110/30/94 10/30/95 1BODI:.Y INJURY
ALL OWNED AUTOS I IIPER PERSON)
[ SCHEDU LED ALTOS -I
HIRED AUTOS IBODILY :NJCRY
NON -OWNED AUTOS I IPER A:C:LEN.
I. [ GARAGE LIABILITY II-------------- ------
I[ - [PROPERTY LAMAGE
I I EXCESS LIABILITY I EACH CCCLRPBNCh 11, 000,000
I A11X; UMBRELLA FORM CUP1850409 10/30/94 110/30/95 1 -----------I- ---
OTHER THAN UMBRELLA FORM I .AGGPE ATE 12, 000, 000
._______--_ __. ._____1___---____ ______________ I
X STATUTOPY LIMITS[
Ai WORKERS' COMP I WC122292 110/30/94 110/30/95 EACH ACCIDENT 1100,000 1
D:SRASR-POL. LIMIT '500,000
EMPLOYERS' LIAB i I I DISEASE -EACH EMP. 1100, 000
i----- ------------------------------------------- ------------- - -------------- -------I
i OTHER 1 I I I
AIOCP COVERAGE I BINDER '08/09/95108/09/961 2,000,000
,• ---------I---- ------------- 1 ---------I-----
CRSCRIPTION OF CPBRAT:ONS;LOCATIONS VEH:CLhS;SPECIAL ITEMS
1
I> CEPT:F:CATh hOLDER ________—_____________________> CANCELLATION r.=c=====_-_________==
'I - SHCULJ ANY OF THh ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX
P:RATION DATE TFRREOF. THE ISSUING rOMPANY WILL HNDEAVOP TO MAIL
:AYS h'P:r:aN NOTICE TO THE rEPTIFI CATS HCLLER NAMED TO THE LEFT. BUT
= FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OP :,IAhILITY OF 1
DCI = ANY K:N-D UPON THE COMPANY, ITS AGENTS CR REPRESENTATIVES,
'1 1970 E JOYCE BLVD SUITE 1 =---------------- ----------- -------------- ------------I
FAYETTEVILLE AR - AL:HOR:ZED REPRESENTATIVE
72703
;,CORD S 1-�sn1 Robert Michael Davis`_ ,z1 '
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Owner: PURCHASING OFFICE, ROOM 306
' CITY ADMINISTRATION BUILDING
113 WEST MOUNTAIN STREET
FAYETTEVILLE, ARKANSAS 72701
' 1. The undersigned Bidder, in compliance with your
invitation to Bid for construction of the abcve Project,
acknowledges having received the Drawings and Project Manual
' prepared by Development Consultants, LLC and dated July
1995. Also, the Bidder acknowledges having received the
following Addenda numbers:
1 -
BID FORM
STREET, STORM DRAINAGE, WATER AND SEWER
TOWNSHIP ROAD EXTENSION PROJECT
BID NO. 95-52; CITY OF FAYETTEVILLE, ARKANSAS
DCI ENGINEERING PROJECT NO. 94-227
1
'v \C.4vt S
State
Arkansas Contractor's License No. Daft 4 1039 \p
Bid submitted on ;date)
2. Bidder acknowledges having examined all the Contract
Documents and the bidding requirements, the site and
locality where the Wcrk is to be performed, the legal
requirements and the conditions affecting cost, progress or
performance of the Work, and having made such investigations
as the Bidder deems necessary.
3. The Bidder hereby agrees, if awarded the contract, to
begin Work on or before the date stipulated in the written
Notice to Proceed and to perform all the Work to Substantial
' Completion within 120 calendar days thereafter. The Bidder
further agrees to pay as liquidated damages the sum of $250
for each calendar day thereafter until the date of
Substantial Completion certification.
CC300-1
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4. The Bidder agrees to perform all the Wcrk required by
and in strict accordance with the Contract Documents which
includes cost of performance, labor and material bonds, for
the unit prices and lump sum amounts listed in the Bid
Schedule that follows.
' 5. Bid Schedule:
Note: Unit prices and lump sum amounts shall be shown
' in both words and figures. In case of discrepancy, the
amount shown in words will govern.
' Item Approx. Unit
No. Item Qty. Unit Price Amount
SCHEDULE "A" - STREETS AND DRAINAGE
I1. R&D 24" Oak Tree 1.A. 00
'( .zie hund1 PJ ;-@t( Dollars ($ 3S ._) $ SD •�
2. R&D Ornamental Trees 6 E.A.
I I I -----
I�yLO rllC�,f,2u.--Dollars(S/(i(J. J$
3. R&D 12" Metal Culverts 2 E.A.
yt U�^ f Po i — Dollars ($ /6O. Z -
' 4. R&D Stone Gate & Mailbox 1 E.A.
hU(1 /ec( -----Dollars ($ _J $ t_.
' 5. Relocate Existing Bence 470 L.F.
.5O
V e (did SJr/_ Dollars($) . 1$_
6. 18" lass =II RCP 150 L.F.
Dollars($3O• ?$�S���
' 7. 18" RCP lared End Sections 2 E.A.
• 1 )/ I! / 7c �
) Q6ur `UVlCkf tI4 Dollars ($ ! ; $ U6.
8. 8'-0" Concrete Curb Inlet 2 E.A.
I51+ ' ( ollars ($ /� 50. ,s338
9. 12'--C" Concrete nCurb mid 2 E.A. �1� -1
' i WJ {���USQn Dollars ($ v
. )$
00300-2
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No. Item Qty. Unit Price Amount
SCHEDULE "A" - STREETS AND DRAINAGE (Continued)
10. 18" Thick Rip -Rap 4 S.Y.
' -` D Dollars ($ 3� • ) $ /5.
1
1:. 4" Pipe Uadera_Y
aia 140 L.F. 11ff�1
6 (, - Dollars ($ 8 .'
' 12. Concrete Air V lye Pox 1 E.A.
t
i t+ P /L !1✓J I Dollars ($ /SGC. )$ / OD?
•13. Unclassified Excavation 2234 C.Y.
J,��
nj(o�---1,ollars($`D. _
14. Class 7 Roadway Base 540 T.N.
()V ✓t2'2/L --Dollars ($ } S
15. 6" Concrete Pavement 3604 S.Y.
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�l� �Q� �Ytd JADollars ($}
16. 5'-0" Sidewalks 780 L.F.
%% (( /1 r Q Q
CJLQVI� (.x' 7`��UJ—cellars ($ se)s $ �os s -
17. Handicap Ramps 1 — 3 E.A. C®
dI/�Q--� Dollars;$ OQ $ GY]�—
' 18. Seeding 0.60 Acre
r4e.2 /jc(iU/2 Dollars($OQ J$ i8.
'
19. 4" Thermoplastic Marking 2300 L.F.
•
��� 5/jdli'Dollars($/•sO )$395O��
2G. 12" Thermoplastic Marking 60 L.F.
oG�
en
Dollars ($ ( ) $______
21. Thermoplastic Mar/kJk'ng Word 2 E.A.
JaIMU Dollars ($ )S' ) $ O
1 07'300-3
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Item Approx. Unit
No. Item Qty. Unit Price Amount
SCHEDULE "A" - STREETS AND DRAINAGE (Continued)
22. mhernoplast-c M�rk:ng Arrow 6 E.A.
1 1%
2h-eJ --! �i�' —Dollars ($ /SO } $ `OV
TOTAL BID SCHEDULE "A"
SCHEDULE "B" - WATER AND SEWER LINES
Item
No. Item
Approx.
Qty. Unit
$► ,"103. a0
Unit
Price Amount
23. 6"" PVC
Water Main 824 L.F.
--1 ��C � e✓� _-Dollars ($ 1,50 ) $ ______�
' 24. 2" PVC Water Main 35 L.F.
--- —dollars S PQ" S_
' 25. I2"x 6" Tapping Sleeves 1 E.A.
�R f��l�a�`fL---- Dollars ($ _) sDO
' 26. 6"x 6" Tee 2 E.A. co
Th..fL-e- hoaQy_e -- Dollars($300 $ blU
27. 6" - 1/32 Bend 1 E.A.
Dollars($'SDO.)$3OD
28. 6" Gate Valves & Boxes 3 E.A.
' {�
1�0 k — —Dollars ($ 00, ) $I Dom
' 29. 6" FireHydrant(New) 1 E.A.
UP✓tt-22,x, hlN_�I� Pk — Dollars ($/700Th $
30. 6" Fire Hydrant (Relocated) 1 E.A. 1 n
� Dollars ($/) $
0C300-4
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SCHEDULE "B" - WATER AND SEWER LINES (Continued)
Item Approx Unit
No. Item Qty. Unit Price Amount
31. 2"
Flushing Assemblies 1 E.A.
—F-1U-0,�yaAUf �c� Collars($ SD0J )$____
32. 2" Tap and
Valve ( 2 E.A. O3
' \V X¢ )\UVI ICJ Dollars($5bt%• )$�QOO.
33. Single Water Service 1 E.A.
r K)Aay ed Dollars ($ (�� • 1 $
' 34. Sewer Service 60 L.F.
lTrench & Backfill
' �� \ R e� ---- Dollars ($ I ! ) $ l
35. 0-6' Trench & Backfill 105 L.F.
6O
Dvilars($/. ?$;_j
36. 6-8' Trench & Backfill 365 L.F.
�JJ
' �y� e ( � /It_—Dol-ars ($/ _�
37. 4" SDR-26 PVC Service Line 60 L.F.
-- Dol i ars ($
' 38. 8" SDR-26 PVC Sewer Line 470 L.F.
.`i -----_ — Doltars($O. )$ U_
' 39. Std. Manhole 0-4' 3 E.A.
— Dollars ($ /000Th sJO.
'4C. Extra}Depth Manhole 4.6 V.F. r�
' )rl R YlUl1d�/g� �I J -(,y llars ($ ) $_ ___
41. Connection To Existing Line 1 E.A. I
6O
Dollars ($ ) $/-
42. Class 7 Drive Backfill 67 T.N.
go
3�
— —_ -Dollars ($1i•-
33300-5
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' TOTAL BID SCHEDULE "B" $\1 i9o(.
Iitem Approx Unit
No. Item Qty. Unit Price Amount
SCHEDULE "C" - MISCELLANEOUS
43. Mobilization — 1 L.S.
uoliars($ I )S I.
' 44. Final clean-up 1 L.S.
=,.ollars ($f. $ 7.
' 45. Trench Excavation Safety 1 L.S.
OD CO
Dollars ($ /. ) S�,_
TOTAL. BD SCHEDULE "C" $
TOTAL BID SCHEDULES "A"+"B"+"C"....... $__________________
\ni,3 I_ -
tThe undersigned further agrees that if awarded the contract,
he will commence construction work within ten (10) days
after receipt cf written notice of acceptance of Bid
Proposal.
In submitting a proposal or. any or all items of unit costs,
the undersigned agrees that the Owner reserves the right to
accept or reject any or all proposals, with or without
cause, and to hold and consider as many of these proposals
as he so desires for a period of 60 days after bids are
opened. The Owner's acceptance of any of these proposals
thereby makes it a part of the contract documents to the
same extent as though it were originally included therein.
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0C300-6
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Further the undersigned agrees to fully and completely
submit the detailed "STATEMENT OF BIDDER'S QUALIFICATIONS"
as found on the pages immediately following. The
undersigned agrees that failure to complete and/or provide
the "STATEMENT OF BIDDER'S QUALIFICATIONS" shall be cause
for the Owner and/or Engineer to consider the bid
nonresponsive and to reject such bid.
RESPECTFULLY SUBMITTED:
Bidder Address
Address
By: a5 9 S
Sig. e Date
' �rrz Sid en -E D�� 411 D 39i 0
Title Ark. License Number
•' (Seal -if �BID is by a corporation)
Attest:}/k e �V Qc
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STATEMENT OF BIDDER'S QUALIFICATIONS
1 All questions must be answered and the data giver. must be
1 clear and comprehensive. This statement must be notarized.
If necessary, questions may be answered on separate sheets
and then attached to this statement. The Bidder may submit
any additional information that he desires.
1. Name of Bidder. JERRY D. SWEETSER, INC
2. Permanent main office address and telephone number.
590 WEST POPLAR - FAYETTEVILLE, AR 72703
3. When organized.
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4. if a corporation, where incorporated.
•
5. Contractor's License number.
1 c,?7ylo3y,�
6. How many years have you been engaged in the contracting
business under your present firm or trade name?
1 A /Z7
7. Contracts on hand. (Schedule these, showing the amount
1 of each contract and the appropriate anticipated dates of
completions, and a point of contact for references.)
8. Have you ever failed to complete any work awarded to
you? NO
1 9. Have you ever defaulted on a contract? if so, where and
why? ``
0
10. Experience in construction similar in size and scope to
1 this project, along with the project owners and engineers.
w£ �r_F t x%f rls� Gls7 +rd A� fS5
11. List of major equipment available for this contract.
A i7CAJ
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12. Will
you, upon request,
fill out a
detailed financial
statement,
including credit
worthiness,
and furnish any
other information that may be required by the Owner?
Dated this day of / , 19—�
Name of Organization: J Y D. SWEETSER, INC
by i///J
Title /PP ES lnrA '
State of
County of _,
(ICJ///IAm (i S( Ef S�2 being duly sworn deposes and says
that he (she) is the ___ of
E2ey A IS���fs�e xtic
Contractor(s'), and that answers to the foregoing questions
and all statements therein contained are true and correct.
Subscribed and sworn before me this
19 9S
My commission expires
(seal)
l�e/6he i/_6G3
END OF DOCUMENT
'-3CC-9
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day of
o ry Public
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This document has important legal consequences: consultation with an attorney is encouraged with
respect to its completion or modification.
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
Engineers Joint Contract Documents Committee
Issued and Published Jointly By
ovovllc%�
SO r& acIVn
f:IL ENONEERi
lase
' PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A-- practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
' AMERICAN SOCIETY OF CIVIL ENGINEERS
' CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The Associated General Contractors of America
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These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910.8-A-1 or
1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the
others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering
Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary
Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When
bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used.
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' TABLE OF CONTENTS OF GENERAL CONDITIONS
Ankle or Paragraph Page Ankle or Paragraph Page
Number & Title Number Number & Title Number
1. DEFINITIONS .................................. 13 2.5-2.7 BeforeStarting Construction;
1 1.1 Addenda .............................13 CON7RACPDR's Responsibility to
1.2 Agreement .. ' ' 13 Report: PreliminarySchedules;
1.3 Application for Payment .. '... 13 Deliveryof Certificates of
1.4 Asbestos ............................. 13 Insurance ..........................35
1.5 Bid ....4..4......44 ................... 13 2.8 Preconstruction Conference ...........35
1.6 Bidding Documents ................... 13 2.9 Initially Acceptable Schedules ......... 16
1.7 Bidding Requirements ...4.44...4..... 13 3 CONTRACT DOCUMENTS: INTENT,
1.8 Bonds ...................44.4...4.... 13 AMENDING. REUSE ........4.4.............44.. 16
1.9 Change Order 444......4 ............ . 13 16
13 3.1-3.2 Intent ...................
1.10 Contract Documents ...4.444..... 3.3 Reference to Standards and
1.11 Contract Price .......................13 Specifications of Technical Societies;
1.12 Contract Times ....................... 13 Reporting and Resolving
1.I3 CONTRACTOR ...................... 13 Discrepancies
1.14 defective 13
13 3.4 Intent of Certain Terms or Adjectives .. 17
1.15 Drawings ..4...4....4........4........
1.16 Effective Date of the Agreement ...... 13 3.5 Amending Contract Documents 4444... 17
1.17 ENGINEER .......................... 13 3.6 Supplementing Contract Documents ... 17
1.18 ENGINEER's Consultant .............13
3.7 Reuse of Documents .....4 .... 4....... 17
1.19 Field Order ....44 ..................44. 13 4. AVAIIT
LABILY OF LANDS; SUBSURFACE AND
1.20 General Requirements ................ 14 PHYSICAL CONDITIONS. REFERENCE POINTS. 17
1.21 Hazardous Waste ..................... 14 4.1 Availability of lands ..... 4 4 4 4......... 17
1.22 Laws and Regulations; Laws or 4.2 Subsurface and Physical Conditions ... 17
Regulations ......4......4.......... 14 4.2.1 Reports and Drawi 17
cgs ................
1.23 Liens.................................14 4.2.2 Limited Reliance by CONTRACTOR
1.24 Milestone ....4 ................4.4....4 14 Authorized; Technical Data ......... 18
1,25 Notice of Award 444 ..............4.... 14 4.2.3 Notice of Differing Subsurface or
1.26 Notice to Proceed .................... 14 Physical Conditions ................. 18
1.27 OWNER .....4...44...4 .............. 14 4.2.4 ENGINEER's Review ...............4 18
1.28 Partial Utilization ..................... 14 4.2.5 Possible Contract Documents Change . 18
1.29 PCBs................................14 4.2.6 Possible Priceand Times Adjustments . 18
' 1.30 Petroleum ........444........4........ 14 4.3 Physical Conditions —Underground
1.31 Project 14 Facilities ................IS
1.32 Radioactive Material .................. 14 4.3.1 Shown or Indicated ...................18
1.33 Resident Project Representative ....... 14 4.3.2 Not Shown or Indicated 19
..............
1.34 Samples ................4444.......... 14 4.4 Reference Points ........... 19
1.35 Shop Drawings .............• •.... 14 4.5 Asbestos. PCBs. Petroleum. Hazardous
....
1.36 Specifications .................4.4...44 14 Waste or Radioactive Material ...... 19
1 1.37 Subcontractor ....................6444 14
1.38 Substantial Completion 14 5. BONDS AND INSURANCE .. _.......4.......444 20
1.39 SupplementaryConditions ........... 4 14 5.1-5.2 Performance. Payment and Other Bonds . 20
1.40 Supplier .............................. 14 5.3 Licensed Sureties and Insurers;
1.41 Underground Facilities ................ 14 Certificates of Insurance ............ 20
1.42 Unit Price Work ...................... 14 5.4 CONTRACIOR's Liability Insurance . 20
1.43 Work ................................. 15 5.5 OWNER's Liability Insurance ........ 21
1.44 Work Change Directive ............... 15 5.6 Property Insurance ................... 21
1.45 Written Amendment .................. 15 iler 5.7 Boand Machinery or Anal dditio
2. PRELIMINARY MATTERS ...................... 15 Property Insurance ................. 21
2.1 Delivery of Bonds .................... 15 5.8 Notice of Cancellation Provisions ..... 21
2.2 Copies of Documents ................. 15 5.9 CONTRAC TOR's Responsibility for
2.3 Commencement of Contract Tunes; Deductible Amounts ................ 22
Notice to Proceed .................. 15 5.10 Other Special Insurance ............... 22
2.4 Starting the Work ..................... 15 5.11 Waiver of Rights ...................... 22
'
' Article or Paragraph - Page Article or Paragraph Page
Number & Title Number Number & Title Number
5.12-5.13 Receipt and Application of insurance 8.6 Change Orders ....................... 29
proceeds ........................... 22 8.7 Inspections, Tests and Approvals ...... 29
5.14 A cceptance of Bonds and insurance; 8.8 Stop or Suspend Work; Terminate
Option to Replace ................. 22 CONTRAL'fDR's Services ......... 29
5.15 Patna] Utilization —Property 8.9 Limitations on OWNER's
Insurance .......................... 23 Responsibilities ..................... 30
8.10 Asbestos, PCBs, Petroleum. Hazardous
6. CONTRACTOR'S RESPONSIBILITIES .......... 23 Waste or Radioactive Material ...... 30
6.1-6.2 Supervision and Superintendence ...... 23 8.11 Evidence of Financial Arrangements .. 30
6.3-6.5 Labor, Materials and Equipment ...... 23 9. ENGINEER'S STATUS DURING
6.6 Progress Schedule .................... 23 CONSTRUCTION ........
6.7 Substitutes and "Or -Equal' Items; 9.1 OWNER's Representative ............ 30
CONTRALTOR's Expense; 9.2 Visits to Site ......... .. 30
Substitute Constructione.............
Methods or Procedures; 9.3 Project Rohs aInver .. tation........ 30
ENGINEER's Evaluation .......... 23 9'5 Clarifications and Interprets rkns ...... 30
6.8-6.11 Concerning Subcontractors. Suppliers 9.6 Authorized a fect vens im Work ........ 30
9.6 Rejecting Defective Work ............. 30
and Others: Waiver of Rights ....... 24 9.7-9.9 Shop Drawings. Change Orders and
6.12 Patent Fees and Royalties ............. 25
6.I3 Permits ................ Payments 31
............... 25 9.10 Determinations for Unit Prices ........ 31
6.14 Laws and Regulations ................ 25 9.114.12 Decisions on Disputes: ENGINEER as
6.15 Taxes..........a................a.... 25 Initial Interpreter ......... ...... 31
6.16 Use of Premises ...................... 26
6.17 Site Cleanliness Authority and Responsibilities ...... 3l
6.18 Safe Structural Loading ............... 26
6.19 Record Documents ................... 26
6.20 Safety and Protection ................. 26 10. CHANGES IN THE WORK ..................... 32
6.21 Safety Representative ............ a. a.. 26 10.1 OWNER Ordered Change ............ 32
6.22 Harard-Communication Programs ..... 27 10.2 Claim for Adjustment ................. 32
6.23 Emergencies .......................... 27 10.3 Work Not ntsRe.....red by Contract
6.24 Shop Drawings and Samples .......... 27 Dngemedts ......................... 32
6.25 Submittal Procedures; 10.4 ChangeOrders
CONTRACTOR's Review Prior to 10.5 Notification of Surety ................. 32
Shop Drawing or Sample Submittal 27 ii. CHANGE OF CONTRACT PRICE .............. 32
I6.26 Shop Drawing & Sample Submittals 11.1.11.3 Contract Price; Claim for Adjustment;
Review by ENGINEER ............ 27 Value of the Work .................. 32
6.27 Responsibility for Variation From 11.4 Cost of the Work ..................... 33
Contract Documents ................ 27 11.5 Exclusions to Cost of the Work ....... 34
6.28 Related Work Performed Prior to 11.6 CONTRACTOR's Fee ................ 34
ENGINEER's Review and Approval 11.7 Cost Records ......................... 34
of Regwnn d Submittals ............. 27 11.8 Cash Allowances ..................... 35
6.29 Continuing the Work ..................28 I l.9 Unit Rice Work ...................... 35
6.30 CONTRACTOR's General
Warranty and Guarantee ............ 28 12. CHANGE OF CONTRACT TIMES ............ .. 35
6.31-6.33 Indemnification ....................... 28 I2.1 Claim for Adjustment ................. 35
' 6.34 Survival of Obligations ................. 28 12.2 Time of the Essence .................. 35
12.3 Delays Beyond CONTRACTOR's
7. OTHER WORK .................................. 29 Control ............................ 35
7.1-7.3 Related Work at Site .................. 29 12.4 Delays Beyond OWNER's and
7.4 Coordination CONTRACI'R's Control .......... 35
8. OWNER'S RESPONSIBILITIES ................. 29
8.1 Communications to Contractor ........ 29 13. TESTS AND INSPECTIONS; CORRECTION,
8.2 Replacement of ENGINEER .......... 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE
8.3 Furnish Data and Pay Promptly When WORK .......................................... 36
Due ................................ 29 13.1 Notice of Defects ..................... 36
8:4 Lands and Easements; Reports and 13.2 Access to the Work ................... 36
Tests ............................... 29 13.3 Tests and Inspections; Contnctar's
8.5 Insurance ............................. 29
Cooperation ........................ 36
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T• I Number
Number & u e
13.4 OWNER's Responsibilities;
Independent Testing Laboratory ....
13.5
CON7RACIOR's Responsibilities .....
13.6-13.7
CoveringWork Prior to Inspection.
Testing or Approval .. . .............
13.8.13.9
Uncovering Work at ENGINEER'S
Request ............................
13.10
OWNER May Stop the Work .........
13.11
Correction or Removal of Defective
Work...............................
13.12
Correction Period .....................
13.13
Acceptance of Defective Work ........
13.14
OWNER May Correct Defective
Work...............................
14. PAYMENTS TO CONTRACTOR AND
COMPLETION ................................
14.1 Schedule of Values ....................
14.2 Application for Progress Payment .....
14.3 CONTRACIOR's Warranty of Tide .. .
14.414.7 Review of Applications for
Progress Payments .................
14.8-14.9 Substantial Completion
14.10 Partial Utilization .....................
14.11 Final inspection .. .......... .
36
36
36
36
36
37
37
37
37
37
38
38
38
39
39
39
Article or Paragraph Page
Number & Title Number
14.12 Final Application for Payment ......... 40
14.13.14.14 Final Payment and Acceptance ........ 40
14.15 Waiver of Claims ..................... 40
15. SUSPENSION OF WORK AND
TERMINATION
15.1 OWNER May Suspend Work .........
15.2-15.4 OWNER May Terminate ..............
15.5 CONTRACTOR May Stop Work or
Terminate ..........................
16. DISPUTE RESOLUTION .......................
17. MISCELLANEOUS .............................
17.1 Giving Notice ........................
17.2 Computation of Times ................
17.3 Notice of Claim .......................
17.4 Cumulative Remedies .................
17.5 Professional Fees and Court Costs
Included ...........................
EXHIBIT GC -A (Optional):
Dispute Resolution Agreement (Optional) ..... GC -Al
16.1-16.6 Arbitration .................... GC -AI
16.7 Mediation ..................... GC -A2
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INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Acceptance of —
Bonds and Insurance ................................5.14
defective Work ........1
0.4.1.13.13.13,15
13.13. 13.15
final payment................................9.22.
14.15
insurance...........................................5.14
other Work, by CONTRACTOR ......................
7.3
Substitutes and "Or -Equal" Items ..................
6.7.1
Work by OWNER ........................
2.5. 6.30, 6.34
Access to the —
Lands. OWNER and CONTRACTOR
responsibilities.....................................4.1
site. related work .............. .....................
7.2
Work
13.2. 13.14, 14.9
. ..................................
Acts or Omissions—. Acts and Omissions—
CONTRAC OR ...........................6.9.1.
9.13.3
ENGINEER
6.20, 9.13.3
................................
OWNER.......................................
6.20, 8.9
Addenda —definition of (also see
definition of Specifications) ...........
(1.6. 1.10, 6.19) 1.1
Additional Property insurances .........................
5.7
Adjustments
Contract Price or Contract
Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2,
4.5.3, 9.4, 9.5,
10.2.10.4. II. 12, 14.8, 15.1
progress schedule....................................6.6
Agreement -
definition of ........................ .................
1.2
All risk insurance, policy form ........................
5.6.2
Allowances, Cash .....................................
11.8
Amending Contract Documents . ......................
3.5
Amendment, Written -
in general .... 1 10, 1 45. 3.5, 5.10, 5.12.
6.6.2. 6.8.2.6.19,
10.1, 10.4.11I--. 12.1,
13.12.2, 14.7.2
Appeal. OWNER or CONTRACTOR
intent to ...................... 9.10, 9.11,
10.4, 16.2, 16.5
Application for Payment -
definition of.......................................1.3
ENGINEER's Responsibility ........................
9.9
final payment .................. 9.13.4,
9.13.5, 14.12-14.15
in general .. ................... 2.8.2.9,
5.6.4, 9.10, 15.5
progress payment ..............................
14.1. 14.7
review of .............................
........ 14.4.14.7
Arbitration (Optional) .........................
... 16.146.6
Asbestos -
claims pursuant thereto .......................
4.5.2.4.5.3
CONTRACTOR authorized to stop Work ........... 4.5.2
definition of..........................................1.4
OWNER responsibility for ...... .............
4.5.1.8.10
possible price and times change .. ..................
4.5.2
Authorized Variations in Work ...........
3.6.6.25, 6.27, 9.5
Availability of Lands .. ............................
4.1, 8.4
Award, Noticeof-defined ......... ....
............. 1.25
Before Starting Construction ...............
........ 2.5-2.8
Bid-4jefinition of ....
1.5
...................
.............
(I.I, 1.10, 2.3, 3.3, 4.2.6.4. 6.13. 11.4.3,
11.9.1)
Article or Paragraph
Number
Bidding Documents -definition of ................
1.6 (6.8.2)
Bidding Requirements -definitions of ......
1.7 (II. 4.2.6.2)
Bonds -
acceptance of ......................................5.14
additional bonds ...........................
10.5, 11.4.5.9
Cost of the Work ..................................
11.5.4
definition of ..........................................
1.8
delivery of ......................................
2.1.5.1
final application for payment .................
14.12-14.14
general ...............1.10, 5.1-5.3, 5.13,
9.13,10.5, 14.7.6
performance. Payment and Other .................
5.1-5.2
Bonds and Insurance -in general .........................
$
Builder's risk "all risk" policy form ...................
5.6.2
Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15
Cash Allowances ......................................
11.8
Certificate of Substantial Completion .........
1.38. 6.30.2.3.
14.8, 14.10
Certificates of Inspection ................ 9.13.4.
13.5, 14.12
Certificates of insurance .. 2.7, 5.3, 5.4.11, 5,4.13,5.6.5.
5.8.
5.14,
9.13.4, 14.12
6440........4.400 ......................
Change in Contract Price -
Cash Allowances ..............................
.....II.8
claim for price adjustment ..... 4.1, 4.2.6,
4.5, 5.15, 6.8.2,
9.4, 9.5, 9.11, 10.2.
10.5, 11.2, 13.9,
13.13,13.14,15.1,15.5
CONTRACTOR's fee ...............................
11.6
Cost of the Work
general ......................................
I1.4 -I1.7
Exclusions to ............4..........4..4..........4.
11.5
Cost Records .......................................
II.7
in general .............. 1.19, 1.44, 9.11, 10.4.2,
10.4.3, 11
Lump Sum Pricing ................................
11.3.2
Notification of Surety ...............................
10.5
Scope of .......................................10.3-10.4
Testing and Inspection, Uncovering the Work ........ 13.9
Unit Price Work ....................................
11.9
Value of Work
......................................11.3
Change in Contract Times -
Claim for times adjustment ....4.I.4.2.6.
4.5, 5.15, 6.8.2,
9.4, 9.5, 9.11, 10.2, 10.5, 12.1,
13.9, 13.13,
13.14,14.7,15.1,15.5
Contractual time limits ..............................
12.2
Delays beyond CONTRACIOR's control ............
12.3
Delays beyond OWNER's and CONTRACTOR's con-
trol...............................................
12.4
Notification of surety ...............................
10.5
Scope of change ...............................10.3-10.4
Change Orders -
Acceptance of Defective Work .....................
13.13
Amending Contract Documents ......................
3.5
Cash Allowances
11.8
...................................
Change of Contract Price .............................
11
Change of Contract Tines ............................
12
Changes in the Work ..................................
10
CONTRACTOR's fee
I I.6
...............................
Cost of the Work ......................11.4-11.7
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Article or Paragraph
Number
Cost Records ....6666 .. .... .... ......6666........ 11.7
definition of ............6..........04..6......... .9
emergencies .................. ....... 6.23
ENGINEERS responsibility ....... 9.8. 10.4. 11.2. 12.1
execution of ............ ... .... .. 10.4
' Indemnification ....... .... . 6.12. 6.16. 6.31. 6.33
Insurance. Bonds and 5.10. 5.13, 10.5
OWNER may terminate .. .... .............. 15.2-15.4
OWNER'S Responsibility ............ .... 6666.8.6, 10.4
Physical Conditions —
Subsurface and. ... .... 4.2
6666..
Underground Facilities ... .. ................. 4 ..
Record Documents .. .. .. ................6.19
Scope of Change .. .. 10.3-10.4
Substitutes ... ....... 6.7.3, 6.8.2
Unit Price Work ......... .... .... .... 11.9
value of Work. covered by .... ...... ........ d.. . 11.3
Changes in the Work . .... .... .......... 10
Notification of surely ........... ................... 10.5
OWNER'S and CONTRACTOR's responsibilities .... 10.4
Right to an adjustment . .... ............. 10.2
Scope of change .. 10.3-10.4
Claims —
against CONTRACTOR ..... ..6.16
against ENGINEER .. . 6.32
against OWNER .. . ... . .... ... 6.32
Change of Contract Price .. .... .... ... ...... 9.4. 11.2
Change of Contract Times .. ........ .......... 9.4, 12.1
CONTRACTOR'S 4. 7.1. 9.4. 9.5.9 II. 10.2. 11.2. 11.9,
1'_ I. 14.8. 15.1, 15.5. 17.3
CONTRACTOR's Fee ...... ........ .... ........ 11.6
CONTRACTOR's liability 5.4. 6.12. 6.16. 6.31
Cost of the Work .. .. 11.4. 11.5
Decisions on Disputes . .. ....... ........... 9.11, 9.12
Dispute Resolution ... .... .. ... 16.1
Dispute Resolution Agreement .. .. .. 16.1-16.6
ENGINEER as initial interpretor ..... . 9.11
Lump Sum Pricing ..........................11.3.2
rn Notice of ... ... . .... .... ......... ........ 17.3
OWNER, . . 9.4.9.5.9,11. 10.2. 11.2. 11.9. 12.1.
13.9. 13.13, 13.14. 17.3
OWNER', liability .... .. ............. ........... 5.5
OWNER may refuse to make payment ....... ...... 14.7
• Professional Fees and Court Costs Included ......... 17.5
request for formal decision on ........ .... ........ 9.11
TubExtension .................................12.1
6666.6.71
1.2
Time 6666 ..-- 122 .1
...
Time requirements ........................9.11. 12.1
Unit Pnce Work ... ... ... .... ................ 11.9.3
' Value of ......... ........ .... ... ...... 11.3
Waiver of —on Final Payment .............. . 14.14, 14.15
Work Change Directive ......... ... ........ ..... 10.2
wntten notice required ............. .... 9.11, 11.2. 12.1
Clarifications and Interpretations ............ 3.6.3.9.4.9.11
Clean Site ........................................... 6.17
Codes of Technical Society. Organization or
' Association .. .............. ............. ...... 3.3.3
Commencement of Contract Times ...... ........ ..... 2.3
Communications —
Article or Paragraph
Number
general...................................4
Hazard Communication Programs ...................6.22
Completion —
Final Application for Payment .....................14.12
Final Inspection ...................................
14.11
Final Payment and Acceptance ...............14.13-14.14
Partial Utilization .. . .......14
4 0 14.10
Substantial Completion ..................
1.38, 14.8-14.9
Waiver of Claims ....... ................ ..........
14.15
Computation of Times ........................
17.2.1-17.2.2
Concerning Subcontractors,
Suppliers and Others ...........................
4 6.86.1 I
Conferences —
initially acceptable schedules ..................6......
2.9
2.8
preconstruction ...6...........6.....4.......
6666. ....
Conflict. Error. Ambiguity. Discrepancy—
CONTRAC'lOR to Report .....................
2.5, 3.3.2
Construction, before starting by CONTRACTOR .... 2.5-2.7
Construction Machinery, Equipment, etc................6.4
Continuing the Work .............................
6.29. 10.4
Contract Documents —
Amending...........................................
3.5
5.1
Bonds...............................................
I1.8
Cash Allowances ................4...........
Change of Contract Price .............................
I1
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Change of Contract Times ......... ...............
12
Changes in the Work ...........................
10.4.10.5
check and venfy.....................................
2.5
Clarifications and interpretations ....... 3.2,
3.6, 9.4.9.11
definition of .........6 ...........................666
1.10
ENGINEER as initial interpreter of .................
9.11
ENGINEER as OWNER'S representative
......... • • • 9.1
general .......................
3
Insurance............................................
5.3
Intent ............................................
3.1-3.4
minor variations in the Work .................6666....
3.6
OWNER's responsibility to furnish data ..............
8.3
OWNER's responsibility to make
prompt payment .......................
8.3, 14.4, 14.13
precedence ....................................
3.1' 3.3.3
Record Documents .............................6.19
Reference to Standards and Specifications
of Technical Societies ..............................
3.3
Related Work ....................................
6666 7.2
Reporting and Resolving Discrepancies ...........
2.5, 3.3
Reuseof...............................4.............
3.7
Supplementing....................4..................
3.6
Termination of ENGINEER's Employment ........... 8.2
Unit Price Work ....................................
11.9
variations....................4............
3.6, 6.23. 6.27
Visits to Site, ENGINEER'S .........................
9.2
Contract Price —
adjustment of ................ 3.5.4.1, 9.4, 10.3, 11.2-11.3
Changeof......................6.....................
I
Decision on Disputes ............66 ..............66.9.11
definition of ........................................
1.11
Contract Times —
adjustment of ...................... 3.5.4.1,
9.4, 10.3. I2
Change of
12.1-12.4
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Number
Commencement of ...................................
2.3
definition of ........................................
1.12
CONTRACTOR —
Acceptance of Insurance ............................
5.34
Limited Reliance on Technical Data Authorized
..... 4.2.2
Communications ...............................
6.2, 6.9.2
Continue Work..........6.29,
10.4
coordination and scheduling .........................
6.9.2
definition of ........................................
1.13
May Stop Work or Terminate .......................
15.5
provide site access to others ....................
7.2, 13.2
Safety and Protection ....... 4.3.1.2. 6.16, 6.18.6.21-6.23.
7.2. 13.2
Shop Drawing and Sample Review Prior to Submittal . 6.25
Stop Work requirements ...........................
4.5.2
CONTRACfOR's—
Compensation..................................
11.1-11.2
Continuing Obligation ..............................
14.15
Defective Work .......................... 9.6,
13.10-13.14
Duty to correct defective Work .....................
13.11
Duty to Report —
Changes in the Work caused by
Emergency .......................................
6.23
Defects in Work of Others .......................
7.3
Differing conditions ..............................
4.2.3
Discrepancy in Documents ........... 2.5. 3.3.2.6.14.2
Underground Facilities not indicated ..............4.3.2
Emergencies ........................................
6.23
Equipment and Machinery Rental, Cost
ofthe Work ...................................
11.4.5.3
Fee —Cost -Plus ..................... 11.4.5.6,
11.5.11 11.6
General Warranty and Guarantee ....................
6.30
Hazard Communication Programs ...................
6.22
Indemnification 6.12.6.16,
6.31-6.33
......................
Inspection of the Work .........................
7.3. 13.4.
Labor. Materials and Equipment ..................
6.3-6.5
Laws and Regulations. Compliance by .............
6.14.1
Liability Insurance...................................5.4
Notice of Intent to Appeal ...... . ........ . . ....
9.10, 10.4
obligation to perform and complete the Work ........
6.30
Patent Fees and Royalties, paid for by ............
. .. 6.12
Performance and Other Bonds ........................
5.1
Permits, obtained and paid for by ....................
6.13
Progress Schedule ..... 2.6, 2.8, 2.9, 6.6. 6.29.
10.4, 15.2.1
Request for formal decision on disputes ...........
. 9.11
Responsibilities —
Changes in the Work ..............................
10.1
Concerning Subcontractors, Suppliers and Others . 6.8-
6.11
Continuing the Work .............. . .........
6.29, 10.4
CONTRACTOR's expense .......................
6.7.1
CONTRACTOR's General Warranty and
Guartut-
tee...............................................
6.30
CONTRACTOR'sreviewpriortoShopDnawingor Sam-
ple submittal ..... ...............................
6.25
Coordination of Work ..............................
6.9.2
Emergencies.....................................6.23
ENGINEER's evaluation. Substitutes
or .,Or -Equal.. Items ..........................
6.7.3
Article or Paragraph
Number
For Acts and Omissions of Others .....6.9.1-6.9.2, 9.13
for deductible amounts, insurance ..................
5.9
general ................................. 6, 7.2;7.3,
8.9
Hazardous Communication Prograttts ...
... 6.22
Indemnification .............................. 6,31-6.33
Labor, Materials and Equipment ................6.3-6.5
Laws and Regulations ............................
6.14
Liability Insurance.................................5.4
Notice of variation from Contract Documents .....
6.27
Patent Fees and Royalties .........................
6.12
Permits...........................................
6.13
Progress Schedule .................................6.6
Record Documents ...............................
6.19
related Work performed pnor to ENGINEER's
approval of required submittals .................
6.28
safe structuralloading ............................
6.18
Safety and Protection ................... 6.20. 7.2. 13.2
Safety Representative .............................
6.21
Scheduling the Work .............................
6.9.2
Shop Drawings and Samples ......................
6.24
Shop Drawings and Samples Review
by ENGINEER ................................
6.26
Site Cleanliness ...................................
6.17
Submittal Procedures .............................
6.25
Substitute Construction Methods and
Procedures....................................6.7.2
Substitutes and ''Or -Equal'' items ................
6.7.1
Superintendence.........................4.........
6.2
Supervision ......... ..............................
6.1
Survival of Obligations ............................
6.34
Taxes............................................
6.15
Tests and Inspections .............................
13.5
ToReport .........................................
2.5
Use of Premises .................... 6.16-6.18.
6.30.2.4
Review Prior to Shop Drawing or Sample Submittal .. 6.25
Right to adjustment for changes in the Work .........
10.2
right to claim .. 4, 7.1, 9.4, 9.5, 9.11. 10.2. 1 1.2, 11.9,
12.1,
13.9,14.8,15.1.15.5,17.3
Safety and Protection ................. 6.206.22.7.2,
13.2
Safety Representative ...............................6.21
Shop Drawings and Samples Submittals .........
6.24-6.28
Special Consultants ...............................
11.4.4
Substitute Construction Methods and Procedures
..... 6.7
Substitutes and "Or -Equal" Items. Expense .. 6.7.1, 6.7.2
Subcontractors. Suppliers and Others ............6.8-6.1)
Supervision and Superintendence ........... 6.1,
6.2. 6.21
Taxes. Payment by ..................................6.15
Use of Premises ................................
6.16-6.18
Warranties and guarantees ......................
6.30, 6.5
Warranty of Title...................................14.3
Written Notice Required —
CONTRACTOR stop Work or terminate ...........
15.5
Reports of Differing Subsurface and Physical
Condi-
tions.............................................4.2.3
Substantial Completion ...........................
14.8
CONTRACTORS —other .................................
7
Contractual I..iability Insurance ......................
5.4.10
Contractual Time Limits ..............................
12.2
Coordination
U
Article or Paragraph
Number
CONTRACCOR's responsibility ....................
6.9.2
Copies of Documents ..................................
2.2
Correction Period ....................................13.12
Correction. Removal or Acceptance of
Defective Work
in general ....4..44 ...............4....
10.4.1. 13.10-13.14
Acceptance of Defective Work .....................
13.13
Correction or Removal of Defective Work .... 6.30, 13.11
Correction Period .......4.4.4 .............4........
13.12
OWNER May Correct Defective Work
............. 13.14
OWNER May Stop Work .......................1
3.10
Cost -
of Tests and Inspections ................
......... 13.4
Records............4 ....................4....4.4.
II 7
Cost of the Work -
Bonds and insurance. additional .................
11.4.5.9
Cash Discounts .................... ..............
11.4.2
CONTRACTOR's Pee .............................
11.6
Employee Expenses .............................
11.4.5.1
Exclusions to ..........4.....4....4....4...
4444.. . 11.5
General ............ ...........................
11.4-11.5
Home office and overhead expenses .................
11.5
Losses and damages .............................
11.4.5.6
Materials and equipment .......................
.. 11.4.2
Minor expenses ................ ..............4.
11.4.5.8
Payroll costs on changes ..........................
11.4.1
performed by Subcontractors ......................
11.4.3
Records ..............44....4......4................
11.7
Rentals of construction equipment and machinery. 11.4.5.3
Royalty payments. permits and license
fees ...... 11.4.5.5
Site office and temporaryfacilities 4.4......4.4...
11.4.5.2
Special Consultants, CONTRACIiOR's
........... 11.4.4
Supplemental .............. ......................
11.4.5
Taxes related to the Work ......... ............
11.4.5.4
Tests and Inspection ...............................
13.4
Trade Discounts ....... 4.......4....4......4.....
11.4.2
Utilities, fuel and sanitary facilities ...............11.4.5.7
Work after regular hours ..... ....................
11.4.1
Covering Work .....4....4 .....................4.4
13.6.13.7
Cumulative Remedies ... ........................
17,4-17.5
Cutting. fitting and patching .... .......................
7.2
Data. to be furnished by OWNER ......................
8.3
Day -definition of ............4.........444..........
17.2.2
Decisions on Disputes ..4....4.......44..........
9.11, 9.12
defective -definition of...............................1.14
defective Work -
Acceptance of ..............................
10.4.1, 13.13
Correction or Removal of ...................
10.4.1. 13.11
Correction Period ..................................
13.12
in general .................................
13. 14.7, 14.11
Observation by ENGINEER .........................
9.2
OWNER May Stop Work ..........................
13.10
Prompt Notice of Defects ........4.4...4...4.......
13.1
Rejecting ................4.....4.................4.4.9.6
Uncovering the Work ...............4...............
13.8
Definitions ...............................................
I
Delays ............ ....................
4.1.6.29. 12.3-12.4
Delivery of Bonds ..........................
2.1
Deliveryof certificates of insurance .....................
2.7
Article or Paragraph
Number
Determinations for Unit Prices ........................
9.10
Differing Subsurface or
Physical Conditions
Noticeof ..........................................
4.2.3
ENGINEER's Review .............................
4.2.4
Possible Contract Documents Change ..............
4.2.5
Possible Price and Times Adjustments ..............4.2.6
Discrepancies -Reporting and Resolving .... 2.5. 3.3.2.
6.14.2
Dispute Resolution -
Agreement ........................ ............
16.1-16.6
Arbitration .....................................
16.1-16.5
general.............................. .........4......
16
M.............. ediation ........... 44...4..4.......
16.6
Dispute Resolution Agreement ......... ...... ...
16.1-16.6
Disputes, Decisions by ENGINEER ..............9.11-9.12
Documents -
Copiesof ...........4..........4.....4......4......4
2.2
Record........4...4.44....44 .......................
6.19
Reuseof ........................4.4....4........4....
3.7
Irawings-definition of ....... 4 4 .................
4 4 ... I.15
Easements .................4....444....................
4.1
Effective date of Agreement -definition of 4 4 4 4 .........
1.16
Emergencies.............................6.23
ENGINEER -
as initial interpreter on disputes ............9.11-9.12
definition of..........................1.17
Limitations on authority and
responsibilities .............4....4......4....4..
9.13
Replacement of .......4............4....44...........
8.2
Resident Project Representative .:.........
ENGINEER's Consultant -definition of . 4 .... 4 ...
4 4 ... 1.18
ENGINEER's-
authority and responsibility, limitations on .......
4 ... 9.13
Authorized Variations in the Work .......... 4 .........
9.5
Change Orders, responsibility for .......... 9.7, 10. I I. 12
Clarifications and Interpretations ...............
3.6.3.9.4
Decisions on Disputes ....4..........44...4.....
9.11-9.12
defective Work, notice of ...........................
13.1
Evaluation of Substitute Items .......................6.7.3
Liability .......................................
6.32. 9.12
NoticeWork is Acceptable .........................
14.13
Observations..............4..........4.......
6.30.2. 9.2
OWNER's Representative .............. 4 — .........
9.1
Payments to the CONIRACIOR.
Responsibility for ........4..........4..........
9.9. 14
Recommendation of Payment .................
14.4. 14.13
Responsibilities —
Limitations on ........................4......
9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions .......4 ..................
4.2.4
Shop Drawings and Samples, review
responsibility..............4......................
6.26
Status During Construction.
authorized variations in the Work ..................
9.5
Clarifications and Interpretations ......9.4
Decisions on Disputes ............9.11-9.12
Determinations on Unit Price ..............
4 ...... 9.10
ENGINEER as Initial Interpreter .............9.11-9.12
ENGINEER's Responsibilities ................
9.1-9.12
IJ
Article or Paragraph
Number
Limitations on ENGINEER's Authority and
Responsibilities ...................................
9.13
OWNER's Representative .........................
9.1
Project Representative .............................
9.3
Rejecting Defective Work ..........................
9.6
Shop Drawings, Change Orders and
Payments...............................9.7-9.9
Visits to Site ......................................
9.2
Unit Price Deternunations ...........9.10
Visits to Site...................................9.2
Written consent required .........................7.2.
9.1
Equipment, Labor. Materials and ...................
6.3-6.5
Equipment rental. Cost of the Work ................
11.4.5.3
Equivalent Materials and Equipment ....................
6.7
Errors or omissions ...................................
6.33
Evidence of Financial Arrangements ...................
8.11
Explorations of physical conditions ...................
4.2.1
Fee, CONTRAC'POR's—Costs-Plus ...................
11.6
Field Order —
definition of .. ...........................
........... 1.19
issued by ENGINEER ................4........
3.6.1, 9.5
Final Application for Payment .............14.12
Final Inspection ......................................
14.11
Final Payment —
and Acceptance ..............................14.13-14.14
Prior to, for cash allowances ...................
. 11.8
General Provisions ...............................
17.3-17.4
General Requirements—
defintion of..........................l.2()
principal references to ..............
2.6.6.4.6.64.7.6.24
Giving Notice .........................................17.1
Guarantee of Work —by
CONTRACTOR ..............................
6.30. 14.12
Hazard Communication Programs .....................
6.22
Hazardous Waste —
definition of ........................................
1.21
general..............................................4.5
OWNER's responsibility for ........................
8.10
Indemnification ........................
6.12. 6.16, 6.31-6.33
Initially Acceptable Schedules .........
................ 2.9
Inspection —
Certificates of .........................
9.13.4. 13.5, 14.12
Final..............................................14.11
Special. required by ENGINEER ....................9.6
Tests and Approval ........................
8.7. 13.3-13.4
Insurance -
Acceptance of. by OWNER .........................
5.14
Additional, required by changes
in the Work .................................
11.4.5.9
Before starting the Work ................2.7
Bonds and -in general .................................
5
Cancellation Provisions ..............................
5.8
Certificates of .. 2.7, 5,5.3, 5.4.11,
5.4.13, 5.6.5.5.8, 5.14,
9.13.4, 14.12
completed operations ..............................
5.4.13
CONTRACTOR's Liability ...........................
5:4
CONTRACI'OR's objection to coverage ............. 5.14
Contractual Liability ..............................
5.4.10
Article or Paragraph
Number
deductible amounts. CONTRAL'POR's
responsibility ....................................
Final Application for Payment ......................
Licensed insurers ....................................
5.9
14.12
5.3
Notice requirements, material
changes ..................................
Option to Replace ..................................
other special insurances .............................
OWNER as fduciaryfor insureds ..............
OWNER's Liability ..................................
•
OWNER's Responsibility ............................
Partial Utilization. Property Insurance .....5.15
5.8, 10.50
5.14
5.10
5.12-5.13
5.5
8.5
Property ........................................ 5.6-5.10
Receipt and Application of Insurance Proceeds .. 5.12-5.13
Special Insurance ................................... 5.10
Waiver of Rights .................................... 5.11
Intent of Contract Documents ....................... 3.1-3.4
Interpretations and Clarifications ................. 3.6.3.9.4
Investigations of physical conditions .................... 4.2
Labor. Materials and Equipment .................... 6.3-6.5
Lands -
and Easements ......................................8.4
Availability of ...................................
Reports & Tests .....................................
4.1.8.4
8.4
Laws and Regulations -Laws or Regulations -
Bonds...........................................
Changes in the Work ................................
Contract Documents .................................
CONTRAC.'IOR's Responsibilities ...................
5.1-5.2
10.4
3.1
6.14
Correction Period, defective Work .................. 13.12
Cost of the Work. taxes ......................... 11.4.5.4
definition of ........................................ 1.22
general............................................. 6.14
Indemnification ................................ 6.31-6.33
Insurance ............................................ 5.3
Precedence .................................... 3.1.3.3.3
Reference to ....................................... 3.3.1
Safety and Protection .......................... 6.20. 13.2
Subcontractors. Suppliersand Others ............
6.84.11
Tests and Inspections ...............................
Use of Premises ....................................
Visitsto Site .........................................
13.5
6.16
9.2
Liability Insurance-
CONTRALTOR's....................................
OWNER's...........................................
5.4
5.5
Licensed Sureties and Insurers .........................
5.3
Liens -
Application for Progress Payment ...................
Contractor's Warranty of Title .......................
14.2
14.3
Final Application for Payment ......................
definition of ........................................
Waiver of Claims ..................................
14.12
1.23
14.15
Limitations on ENGINEER's authority and
responsibilities .....................................
9.13
Limited Reliance by CONTRACTOR Authorized
...... 4.2.2
Maintenance and Operating Manuals -
Final Application for Payment ......................
14.12
Manuals (of others). -
Precedence .......................................
3.3.3.1
I
I
C
I
I
I
I
I
b
I
[1
I
I
I
I
S
Article or Paragraph
Number
Reference to in Contract Documents ................
3.3.1
Materials and equipment—
furnished by CONTRACTOR ......................
6.3
not incorporated in Work ....................14.2
Materials or equipment. -equivalent ....................
6.7
Mediation (Optional) .................................
16.7
Milestones __definition of ..................1.24
Miscellaneous —
17 ?.
Computation of Times ..............................
17.4
Cumulative Remedies ........ ......................
Giving Notice.................17.1
Notice of Claim.................17.3
Professional Fees and Court Costs Included ..........
17.5
Multi-pnme contracts ................ ..............
I .... 7
4.3.2
Not Shown or Indicated ........... ..................
Notice of —
14.13
Acceptability of Project . ..........................
Award. definition of...................1.25
Claim..............................4..........444..
17.3
Defects . .... ................... .............
... 13.1
Differing Subsurface or Physical Conditions ..........4.2.3
Giving...................... .......................
17.1
Tests and Inspections ..............................13.3
Variation. Shop Drawing and Sample ...............
. 6.27
Notice to Proceed —
definition of ...................4..............444...
1.26
givingof .............................................
2.3
Notification to Surety ................................
10-5
Observations, by ENGINEER .........
... 6.30.9.2
Occupancy of the Work ... ............ 5.15.6.30.2.4.
14.10
Omissions or acts by CONTRACTOR .............
6.9,9.13
"Open peril" policy form. Insurance ...................5.6.2
Option to Replace ............. ........ ..............5.14
.'Or Equal" Items ......... ............................
6.7
Other work ................. ... ...............0..
7
Overtime Work —prohibition of ........................6.3
OWNER —
Acceptance of defective Work ......................13.13
appoint an ENGINEER ..... ........................
8.2
as fiduciary .....................5.12-5.13
Availability of Lands. responsibility .4
.1
definition of ........................................
1.27
data, ........................................
8.3
May Correct Defective Work .......................
13.14
May refuse to make payment ........................
14.7
May Stop the Work ................................
13.10
may suspend work.
terminate ...................... 8.8.
13.10. 15.1-15.4
Payment, make prompt ...................
8.3. 14.4. 14.13
performance of other Work ...........................
7.1
permits and licenses, requirements ..4 ...............
6.13
purchased insurance requirements .........5.6-5.10
OWNER's—
Acceptance of the Work ......................... 6.30.2.5
Change Orders. obligation to
execute .................................... 86. 10.4
Communications..............................8,1
Coordination of the Work ............................ 7.4
Disputes. request for decision ....................... 9.11
Article or Paragraph
Number
inspections, tests and approvals ..............•••
Liability Insurance .............................'....15.1
Notice of •Defects ...................................
Representative—Dunng Construction,
ENGINEER's Status ............................
8.7. 13.4
5.5
9.1
Responsibilities —
Asbestos. PCB's. Petroleum, Hazardous
Waste on Radioactive Material .................. 8.10
Change Orders ................................... 8.6
Changes in the Work .............................. 10.1
communications .............. ..................... 8.1
CONTRACTOR's responsibilities .................. 8.4
evidence of financial arrangements ................ 8.11
8.7
inspections, tests and approvals . •.. ...... _....
insurance ............ •.. ♦. 8.5
lands and easements ............................... 8.4
8.3
prompt payment by ........ .................. 4 0 0.4. 8.2
replacement of ENGINEER ....................
reports and tests ................................... 8.4
stop or suspend Work ............••••• 8.8, 13.10, 15.1
terminate CONTRAC OR's services .......... 8.8, 15.2
separate representative at site ........................ 9.3
independent testing ................................. 13.4
use or occupancy of the
Work ....................................
written consent or approval
required ..............................
5.15, 14.10
9.1.6.3. 11.4
written notice
required .......... 7.1, 9.4. 9.11. 11.2.
11.9, 14.7, 15.4
PCBs —
definition of ........................................
general ........ .................................
OWNER's responsibility for ........................
1.29
.. 4.5
8.10
Partial Utilization —
definition of ........................................
general ...................................
Property Insurance .......................
Patent Fees and Royalties .........6 .................
Payment Bonds .....................................
Payments, Recommendation of ....... •.....
1.28
6.30.2.4, 14.10
...... 5.15
6.12
5.1-5.2
14.4.14.7, 14.13
Payments to CONTRACTOR and Completion —
Application for Progress Payments .................. 14.2
CONTRACIC)R's Warranty of Title ................. 14.3
Final Application for Payment ...................... 14.12
Final Inspection ................................... 14.11
Final Payment and Acceptance ............... 14.13.14.14
general ........................................... 8.3. 14
Partial Utilization .................................. 14.10
Retainage........................................... 14.2
Review of Applications for Progress
Payments .................................. 14.4-14.7
prompt payment ................................... 8.3
Schedule of Values .................................. 14.1
Substantial Completion ......................... 14.8-14.9
Waiver of Claims .................................. 14.15
when payments due .......................... 14.4, 14.13
withholding payment ................................ 14.7
Performance Bonds ................................. 5.1-5.2
permits..............................................4 6.13
Article or Paragraph
Number
Petroleum —
definition of ........................................
1.30
general ..............................................
4.5
OWNER's responsibility for ........................
8.10
Physical Conditions —
Drawings of. in or relating to .....................
4.2.1.2
ENGINEER's renew .....................4
,2,4
existing structures..................................4.2.2
general........................................4.2.1.2
Subsurface aria .......................................
4.2
Underground Facilities ...............................
4.3
Possible Contract Documents Change ...............4.25
Possible Price and Times Adjustments ..............
4.2.6
Reports and Drawings ..............................
4.2.1
..................
Notice of DifferingSubsurface or ...................4.2.3
4.2.3
Subsurface and......................................4.2
Subsurface Conditions ............................
4.2.1.1
Technical Data. Limited Reliance by
CONTRACTOR Authorized ....................
4.2.2
Underground Facilities—
general..........................................4.3
Not Shown or Indicated .......................
4.3.2
Protection of ...............................4.3.
6.20
Shown or Indicated ............................4.3.
Technical Data.....................................4.2.2
Preconstruction Conference ............................
2.8
Preliminary Matters ....................................
2
Preliminary Schedules..................................2.6
Premises, Use of .....:...........................
6.16.6.18
Price, Change of Contract .......... ....................
Il
Price. Contract —definition of .........................III
Progress Payment, Applications for ..... ..............
14.2
Progress payment—retainage ..........................
14.2
Progress schedule, CONTRACTOR's .....
2.6.2.8. 2.9. 6.6.
6.29, 10.4, 15.2.1
Project —definition of .................................
1.31
Project Representative—
ENGINEER's Status During Construction ............ 9.3
Project Representative. Resident
--definition of......................................1.33
prompt payment by OWNER ..... ......................
8.3
Property Insurance
Additional ...........................................
5.7
general..........................................5.6-5.10
Partial Utilization ........................
.. 5.15. 14.10.2
receipt and application of
proceeds ..................................
5.12-5.13
Protection, Safety and .......................
6.20-6.21. 13.2
Punch list............................................14.11
Radioactive Material —
definition ............. .............................
1.32
general..............................................45
OWNER's responsibility for ........................
8.10
Recommendation of Payment ..............
14.4, 14.5, 14.13
Record Documents .........................
... 6.19, 14.12
Records. procedures for maintaining ....................
2.8
Reference Points.......................................4.4
Reference to Standards and Specifications
of Technical Societies................................3.3
Article or Paragraph
Number
Regulations, Laws and lor) ............................
6.14
Rejecting Defective Work ..............,9
.6
Related Work —
at Site
7.1-7.3
...........................................
Performed poor to Shop Drawings
and Samples submittals review ..................
6.28
Remedies, cumulative ............................17.4.
17.5
Removal or Correction of
Defective Work ....................................
13.11
rental agreements. OWNER approval
required......................................
11.4.5.3
replacement of ENGINEER, by OWNER ..............
8.2
Reporting and Resolving Discrepancies ....
2.5, 3.3.2, 6.14.2
Reports --
and Drawings..........................4.2.1
and Tests, OWNER's responsibility ..................
8.4
Resident Project Representative —
definition of........................................1.33
provision for .........................................
9.3
Resident Superintendent. CONTRACTOR's
............. 6.2
Responsibilities—
CONTRACTOR's-in general ...........................
6
ENGINEER's-in general ...............................
9
Limitations on ....................................9.13
OWNER's-in general ..................................
8
Retainage.............................................
14.2
Reuse of Documents...................................3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal ......................
6.25
Review of Applications for Progress
Payments ......................................
14.414.7
Right to an adjustment..............a.........
... ..... 10.2
Rights of Way..........................................4.1
Royalties. Patent Fees and .............................
6.12
Safe Structural Loading ...............................
6.18
Safety —
and Protection 4.3.2. 6.16, 6.18, 6.20-6.21,
7.2, 13.2
......
general ........................................
6.20-6.23
Representative. CONTRAL�IOR's ...................
6.21
Samples —
definition of ........................................
1.34
general........................6.24-6.28
Review by CONTRACTOR .........................
6.25
Review by ENGINEER .......................
6.26, 6.27
related Work ........................................
6.28
submittal of .......................................
6.24.2
submittal procedures ................................
6.25
Schedule of progress ..... 2.6, 2.8-2.9, 6.6,
6.29, 10.4. 15.2.1
Schedule of Shop Drawing and Sample
Submittals ....................... 2.6,
2.8.2.9, 6.24-6.28
Schedule of Values
2.6, 2.8-2.9, 14.1
........................
Schedules —
Adherence to .....................................
15.2.1
Adjusting............................................
6.6
Change of Contract Times ..........................
10.4
Initially Acceptable ...............................2.8-2.9
Preliminary ..........................................
2.6
Scope of Changes ..............................
10.3-10.4
Subsurface Conditions ..............................
4.2.1.1
10
I
I
Article or Paragraph
Number
Shop Drawings —
and Samples. general .........................4.6.246.28
Change Orders & Applications for
Payments. and .................. ............ 9.7-9.9
definition of .........44......4 ...............4..... 1.35
ENGINEER'S approval of .. ... 3.6.2
ENGINEER'S responsibility
for review ....4.....44....4 .............. 9.7, 6.24-6.28
related Work ........................................6.28
review procedures ... 2' 8.6.24.6.28
submittal required .......................4. 6.24.1
Submittal Procedures ............44....4...4........ 6.25
use to approve substitutions .. ....... ... .' . •. 6.7.3
Shown or Indicated ............. .. 4.3.1
Site Access ...................... 7.2. 13.2
Site Cleanliness 4444 .:::...........................6.17
Site. Visits to —
by ENGINEER ..........................9.2.13.2
by others.......................13.2
"Special causes of loss" policy form. insurance ....... 5.6.2
Specifications —
definition of...........................1.36
of Technical Societies. reference to ................. 3.3.1
precedence ...........................4........4.04 3.3.3
Standards and Specifications of Technical
Societies...........................3.3
Starting Construction. Before ...4444 ............... 2.5-2.8
Starting the Work ...................................... 2.4
Stop or Suspend Work —
by CONTRACTOR ................................. 15.5
by OWNER..........................8.8. 13.10, 15.1
Storage of materials and equipment ... ...... ..4.1.7.2
Structural Loading. Safety ............................. 6.18
Subcontractor —
Concerning . ........................44.. 4...... 6.86.11
definition of • • 1.37
delays......................... .................... 12.3
waiver of rights ................... 6.11
Subcontractors —in general .................. 6.86.11
Subcontracts —required provisions ........ 5.11. 6.11. 11.4.3
Submittals—
Applications for Payment ........................... 14.2
Maintenance and Operation Manuals ............... 14.12
Procedures....................4....444............. 6.25
Progress Schedules ..........2.6. 2.9
Samples ....................................... 6.246.28
Schedule of Values .. .. 2.6, 14.1
Schedule of Shop Drawings and
Samples Submissions .................... 2.6.2.8-2.9
Shop Drawings ............. ... 6.246.28
Substantial Completion —
certification of ........................ 6.30.2.3, 14.8.14.9
II definition of.......................................1.38
Substitute Construction Methods or Procedures .......6.7.2
Substitutes and "Or Equal" Items ...................... 6.7
CONTRACTOR's Expense ....................... 6.7.1.3
ENGINEER's Evaluation .......................... 6.7.3
„Or -Equal" ........................................ 6.7.1
Substitute Construction Methods of Procedures ., ... 6.7.2
Article or Paragraph
Number
Substitute Items.......................4.........
6.7.1.2
Subsurface and Physical Conditions —
Drawings of, in or relating to .444....4...........
4.2.1
ENGINEER's Review ...........4...4.....4...4...
4.2.4
general............ ..................................4
Limited Reliance by CONTRACTOR
Authorized.........................4.2.2
Notice of Differing Subsurface or
Physical Conditions .......................4.2.3
Physical Conditions .4....4 .............4......4....
4.2.1.2
Possible Contract Documents Change ...........
4....
Possible Price and Times Adjustments ................
4.2.6
Reports and Drawings ..............................4
4.2.1
Subsurface and ...................It_..
Subsurface Conditions at the Srk ........ 4 .......
4.2.1.1
Technical Data .......4...4.44 ......................
4 2.2
Supervision—
CONTRACIOR's responsibility .......... ..........
6.1
OWNER shall not supervise .....................
... 8.9
ENGINEER shall trot supervise ...............
9.2, 9.13.2
.....................
Superintendence .4......4..0.4...
6.2
Superintendent, CONTRACTOR'S resident ...........
6.2
Supplemental costs.......4..........................
11.4.5
Supplementary Conditions —
definition of .........4...........4....4.......4.....
1.39
principal reference to .... 1.10, 1.18.2 2, 2.7,
4.2, 4.3. 5.1.
5.3,5.4,5.6.5.9.5.11,6.8.6.13,7.4,8.11.9.3,9.10
Supplementing Contract Documents ....................
3.6
Supplier —
definition of .................. .....................
1.40
principal references to .................. 3.7.
6.5, 6.8.6.11.
6.20, 6.24, 9.13, 14.12
Waiver of Rights ....................................
6.11
Surety —
consent to final payment ..............
14.12. 14.14
ENGINEER has no duty to ..4.....4....4.....4.....
9.13
Notification of .....4.....4.....44........ 10.1. 10.5. t5
qualification of ......44..........4...........4....
5.1.5.3
Survival of Obligations...............................6.34
Suspend Work. OWNER May ..................
13.10, 15.1
Suspension of Work and Termination— ..................
15
CONTRACTOR May Stop Work or
Terminate........................................
15.5
OWNER May Suspend Work ...............IS.!
OWNER May Terminate .......................15.2-15.4
Taxes -Payment by CONTRAC.IOR ......6.15
Technical Data —
Limited Reliance by CONTRACTOR ...............
4.2.2
Possible Price and Times Adjustments ..............
4 2.6
Reports of Differing Subsurface and
Physical Conditions ..............................
4.2.3
Temporary construction facilities ........................
4.1
Termination —
by CONTRACTOR .................................
15.5
by OWNER .......................4.......8.8.
15.1-15.4
of ENGINEER's employment ....... 4 ................
8.2
Suspension of Work-in general .......................
15
Terms and Adjectives..................................3.4
Tests and Inspections —
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Article or Paragraph
Number
Access to the Work, by others ......................
13.2
C0N7RACIOR's responsibilities ....................
I3.5
costof ..............................................
covering Work prior to .........................
Laws and Regulations (or) ..........................
Notice of Defects ...................................
OWNER May Stop Work .................
OWNER's independent testing ......................
special. required by ENGINEER .....................
timely notice required ...............................
Uncovering the Work, at ENGINEER's
13.4
13.6-13.7
13.5
13.1
........ 13.10
13.4
9.6
13.4
request ....................................
13.8-13.9
Times —
Adjusting............................................
Change of Contract..................22
Adjusting ............................................
Computation of .....................................
Contract Times —definition of ....................
day............................. ..................17.72
Milestones ...........................................
6.6
6.6
17.2
1.12
12
Requirements—
appeals........................26
clarifications, claims and
disputes .............................
commencement of contract times ...................
pRCOnstriction conference ........ 4 ......
schedules .................................
starting the Work ..................................
9.11. 11.2, 12
2.3
4 ......... 2.8
2.6.2.9. 6.6
2.4
Title, Warranty of .....................................
14.3
Uncovering Work ................................
13.8-13.9
Underground Facilities, Physical Conditions —
definition of ........................................
1.41
Not Shown or Indicated ............................
4.3.2
protection of...................................4.3,
Shown or Indicated ................................
6.20
4.3.1
claims ............................................ 11.9.3
definition of........................................1.42
general .................................. 11.9. 14.1. 14.5
Unit Prices —
general ........................................... 11.3.1
Determination for ................................... 9.10
Use of Premises ........................ 6.16.6.18.6.30.2.4
Utility owners ...................... 6.13.6.20. 7.1-7.3. 13.2
Article or Paragraph
Number
Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, 14.10
Value of the Work .....................................
Values, Schedule of .......................
Variations in Work —Minor
11.3
2.6, 2.8-2.9, 14.1
Authorized ................................
Visits of Site —by ENGINEER .........................
6.25. 6.2. 9.5
9.2
Waiver of Claims -on Final
Payment...........................................
Waiver of Rights by insured parties ...............
14.15
5.11, 6.11
Warranty and Guarantee. General --by
CONTRACTOR ....................................
Warranty of Title. CONTRACPOR's ...................
6.30
14.3
Work —
Access to ...........................................
byothers, .............................................
Changes in the .......................................
Continuing the. ..... . ........................
CONTRACTOR May Stop Work
13.2
7
10
6.29
or Terminate ................................... 15.5
Coordination of ...................................... 7.4
Cost of the ..................................... 11.4-11.5
definition of ........................................ 1.43
neglected by CONTRA_ TOR ...................... 13.14
otherWork ............................................ 7
OWNER May Stop Work .......................... 13.10
OWNER May Suspend Work ................. 13.10. 15.1
Related. Work at Site ............................. 7.1.7.3
Starting the .......................................... 2.4
Stopping by CONTRACTOR ........................ 15.5
Stopping by OWNER .......................... 15.1-15.4
Variation and deviation authorized,
minor...........................................
Work Change Directive —
3.6
claims pursuant to ..................................
definition of ........................................
principal references to ....................
I0.2
1.44
3.5.3. 10.1-10.2
Written Amendment —
definition of ........................................ I.45
principal references to ... 1.10,3.5.5.10, 5.12.6.6.2, 6.8.2,
6.19. 10.1, 10.4, 11.2. 12.1,
Written Clarifications and
13.12.2, 14.7.2
Interpretations ...........................3.6.3.
Written Notice Required —
9.4, 9.11
by CONTRACTOR ........7.1.9.10-9.11.
10.4, 11.2, 12.1
by OWNER ....................9.10.9.11,
10.4, 11.2, 13.14
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GENERAL CONDITIONS
ARTICLE 1 —DEFINITIONS Additions SC 1
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
1.1. Addenda —Written or graphic instruments issued pnor
to the opening of Bids which clarify, corrector change the
Bidding Requirements or the Contract Documents.
1.2. Agreement —The written contract between OWNER
and CONTRACTOR covering the Work to be performed; other
Contract Documents am attached to the Agreement and made
a part thereof as provided therein.
1.3. Application for Payment —The form accepted by EN-
GINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by
such supporting documentation as is required by the Contract
Documents.
l.4..•A sbestos—Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health Administration.
1.5. Bid —The offer or proposal of the bidder submitted on
the prescribed form setting forth the pnces for the Work to be
performed.
1.6. Bidding Documents —The advertisement or invitation
to Bid, instructions to bidders, the Bid form, and the proposed
Contract Documents (including all Addenda issued prior to
receipt of Bids).
1.7. Bidding Requirements —The advertisement or invita-
tion to Bid, instructions to bidders. and the Bid form.
I.S. Bonds —Performance and Payment bonds and other
instruments of security.
1.9. Change Order —A document recommended by ENGI-
NEER, which is signed by CONTRACTOR and OWNER and
authorizes an addition, deletion or revision in the Work, or an
adjustment in the Contract Price or the Contract Times. issued
on or after the Effective Date of the Agreement.
1.10. Contract Documents —The Agreement, Addenda
(which pertain to the Contract Documents), CONTRACTOR's
Bid (including documentation accompanying the Bid and any
post Bid documentation submitted prior to the Notice of
Award) when attached as an exhibit to the.Agreement, the
Notice to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the Draw-
ings as the same' are more specifically identified in the:Agttie
-
ment, together with all Written Amendments, Change Orders,
Work Change Directives. Field Orders and ENGINEER'S
written interpretations and clarifications issued pursuant to
'paragraphs 3.5. 36.1, and :3.6.3 on or after the Effective Date
of the Agreement. Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6.27 and the reports and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
1.1 1. Contract Price —The moneys payable by OWNER to
CONTRACTOR for completion of the Work in accordance
with the Contract Documents as stated in the Agreement
(subject to the provisions of paragraph 11.9.1 in the case of
Unit Price Work).
1.12. Contract Times —The numbers of days or the dates
stated in the Agreement: (I) to achieve Substantial Completion,
and ii) to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommenda-
tion of final payment in accordance with paragraph 14.13.
1.13. CONTRACTOR —The person. firm or corporation
with whom OWNER has entered into the Agreement.
1:14defective—An adjective which when modifying the
word Work refers to Work that is unsatisfactory, faulty Or
deficient, in that it does not conform to the Contract'Docu-
ments. or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to ENGI-
N EER's recommendation of final payment (unless responsi-
bility for the protection thereof has been assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
or 14.10).
1.15. Drawings —The drawings which show the scope.
extent and character of the Work to be furnished and per-
formed by CONTRACTOR and which have been prepared or
approved by ENGINEER and are referred to in the Contract
Documents. Shop drawings am not Drawings as so defined.
1.16. _Effective Date of the Agreement —The date indicated
in the Agreement on which it becomes effective, but if no such
date is indicated' it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
1.17.ENGINEER—The person; fumorcorporation named
as such in the Agreement.
1.18. ENGINEER's Consultant —A person, firm or corpo-
ration having a contract with ENGINEER to furnish services
as ENGINEER's independent professional associate or con-
sultant with respect to the Project and who is identified as such
in the Supplementary Conditions.
1.19. Field Order —A written orderissued by ENGINEER
which orders minor changes in the Work in accordance with
paragraph 9.5 but which does not involve a change in the
Contract Price or the Contract Tortes.
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1.43. Work —The entire completed construction or the var-
ious separately identifiable parts thereof required to be fur -
rushed under the Contract Documents. Work includes and is
the result of performing or furnishing labor and furnishing and
Incorporating materials and equipment into the construction.
and performing or furnishing services and furnishing docu-
ments, all as required by the Contract Documents.
1.44. Work Change Directive —A wntten directive to CON-
TRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by
ENGINEER. ordering an addition, deletion or revision in the
Work, or responding to differing or unforeseen physical condi-
tions under which the Work is to be performed as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A
Work Change Directive will not change the Contract Price or
the Contract Times, but is evidence that the parties expect that
the change directed or documented by a Work Change Direc-
tive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect. 'if
any, on the Contract Price or Contract Times as provided in
paragraph 10.2.
1.45. Written Amendment —A written amendment of the
Contract Documents, signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and normally
dealing with the nonengineenng or nontechnical rather than
strictly construction -related aspects of the Contract Docu-
ments.
ARTICLE 2 —PRELIMINARY MATTERS
IDelivery ofBo»dr:
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2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER. CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Documents:
Addition see SC2.2
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
diuons) of the Contract Documents as are reasonably neces-
sary for the execution of the Work. Additional copies will be
furnished, upon request. at the cost of reproduction.
Commencement of Conaaet Tunes; Naga to Proceed:
2.3. The Contract Times will commence to run on the thirti-
eth day after the Effective Date of the Agreement. or, if a Notice
to Proceed is given, on the day indicated in the Notice to Proceed.
A Notice o Rnceed may be given at any time within thirty days
after the Effective Date of the Agreement. In no event will the
Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date
of the Agreement, whichever date is earlier.
Stoning die Work
2.4. CONTRACTOR shall start to perform the Work on the
date when the Contract Times commence to run. but no Work
shall be done at the site prior to the date on which the Contract
Times commence to run.
Before shutting Consuciion.
2.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict, error. ambiguity or discrepancy which CONTRAC-
TOR may discover and shall obtain a written interpretation
or
clarification from ENGINEER before proceeding withany
Work affected thereby; however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity or discrepancy in the Contract Doc-
uments, unless CONTRcIOR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements),
CONTRACTOR shall submit to ENGINEER for review'
2.6.1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and completing
the various stages of the Work. including any Milestones
specified in the Contract Documents;
-2.6.2. a preliminary schedule' of Shop Drawing and Sam-
ple submittals which will list each required submittal and the
times for submitting. reviewing and processing such submit-
tal:
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component pans in sufficient detail to serve as the basis
for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2:7. Before any Work atthe site is started. CONTRACTOR
and OWNER shall each deliver to the other. with copies to
each additional insured identified in the Supplementary Condi-
tions, certificates of insurance (and other evidence of insurance
which eitherdf them or any additional insured may reasonably
request) which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with para-
graphs 5.4, 5.6 and 5.7. Addition see Sc 2.7
2.8.
Within twenty days after
the
Contract Times start to
run, but
before any Work at the
site
is started, a conference
1 :15
Consultants and the officers, directors, employees, agents,
other consultants and subcontractors of each acid any of
them from and against all claims, costs, losses and damages
arising out of or resulting from such hazardous condition,
provided that: (i) any such claim, cost, loss or damage is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
• Work itself). including the loss of use resulting therefrom,
and (ii) nothing in this subparagraph 4.5.4 shall obligate
OWNER to indemnify any person or entity from and against
• the consequences of that person's or entity's own negli-
gence. - -
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4.5.5. The provisions of paragraphs 4.2 and 4.3 are not
intended to apply to Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material uncovered or revealed at the
site.
ARTICLE 5 —BONDS AND INSURANCE
Additions see SC -5.1.1 and 5.1.2
Pefonr,asce, hymen and Odor Bonds. •
- 5.1. CONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due, except as
• provided otherwise by Laws or Regulations or by the Contract
Documents. CONTRACTOR shall also furnish such other
Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the form prescribed by the Contract Docu-
ments except as provided otherwise by Laws or Regulations,
and shall be executed by such sureties as are named in the
current list of •'Companies Holding Certificates of Authority as
• Acceptable Sureties on Federal Bonds and as Acceptable
Reinisuring Companies" as published in Circular 570 (amended)
by the Audit Staff, Bureau of.Government Financial Opera-
tions, U.S. Treasury Department. All Bonds signed by an
agent must be accompanied by a certified copy of such agent's
authority to act. .p �- 4>. .. ,.. t .- 1 f.
5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right to
do business is terminated in any state where any part of the
'Project is located or it ceases to meet the requirements of
paragraph 5.1, CONTRACTOR shall within ten days thereafter
• substitute another Bond and surety, both of which must be
• acceptable to OWNER. . , . ,1
Replacement see SC45.2• s.
'p ' 14 - ,•,
53. Licensed Sauna and i'nrnrrrs; Cerr$icores ojlnmoenn:
5.3.1. All Bonds and insurance required by the Contract
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insurance
companies that are duly licensed or authorized in the juris-
diction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be pro-
vided in the Supplementary Conditions.
Additions see SC.5.3.1•
5.3.2. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and maintain in accordance with paragraph 5.4.
OWNER shall deliver to CONTRACTOR. with copies to
each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of
insurance requested by CONTRACTOR or any other addi-
tional insured) which OWNER is required to purchase and
maintain in accordance with paragraphs 5.6 and 5.7 hereof.
Revision see SC 5.3.2
CONTRACTOR's L'atliiry faznaarnee:
£4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide protection
from claims set forth below which may arise out of or result
from CONTRACTOR's performance and furnishing of the
Work and CONTRACTOR's other obligations under the Con-
tract Documents, whether it is to be performed or furnished by
CONTRACTOR, any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any of them to perform or
furnish any of the Work, or by anyone for whose acts any of
them maybeliable:. -.. _ ,
5.4.1. claims under workers. compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury, oc-
cupational sickness or disease, or death of CONTRAC-
TOR's employees; ' ••'.
5.4.3. claims for damages because of bodily injury, sick-
ness or disease, or death of any person other than CON-
TRACTOR's employees;. '•
5.4.4: claims for damages insured by customary personal
injury liability coverage which are sustained: (i) by any
person as a result of an offense directly or indirectly related
t to the employment of such person by CONTRACTOR, or (ii)
by any other person for any other reason;
5.4.5. claims for damages, other than to the Work itself,
because of injury to or destruction of tangible property
wherever located, including loss of use resulting therefrom;
arid
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5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
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The policies of insurance so- equired by this paragraph 5.4 to
be purchased and maintained shall:
5.4.7. with respect to insurance required by paragraphs
5.4.3 through 5.4.6 inclusive, include as additional insureds
(subject to any customary exclusion in respect of profes-
sional liability) OWNER, ENGINEER. ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as
additional insureds. and include coverage for the respective
officers and employees of all such additional insureds;
5.4.8. include the specific coverages and be written for
not less than the limits of liability provided in the Supple-
mentary Conditions or required by Laws or Regulations,
whichever is greater:
5.4.9. include completed operations insurance;
5.4.10. include contractual liability insurance coveting
CONTRACTOR's indemnity obligations under paragraphs
6.12. 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially changed
or renewal refused until at least thirty days prior written
notice has been given to OWNER and CONTRACTOR and
to each other additional insured identified in the Supplemeo-
tary Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so pro-
vide);
5.4.12. remain in effectat least until final payment and at
ail times thereafter when CONIRAC OR may be correct-
ing, removing or replacing defective Work in accordance
with paragraph 13.12; and
5.4.13. with respect to completed operations insurance,
and any insurance coverage wntten on a claims -made basis,
remain in effect for at least two years after final payment
(and CONTRACTOR shall furnish OWNER and each other
additional insured identified in the Supplementary Condi-
tions to whom a certificate of insurance has been issued
evidence satisfactory to OWNER and any such additional
insured of continuation of such insurance at final payment
and one year thereafter).
Addition see Sc 5.4,14
OWNER's Iiabi fry Irrsrrruace:
5.5. In addition to the insurance required to be provided by
CONTRACTOR under paragraph 5.4. OWNER, at OWNER's
option. may purchase and maintain at OWNER's expense
OWNER's own liability insurance as will protect OWNER
against claims which may arse from operations under the
Contract Documents.
Replacement see Sc 5.5
Properly Imoruan:
as upon the work at the site in the amount of the full
replacement cost thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
5.6. Unless otherwise provided in the Supplementary Con-
ditions. OWNER shall purchase and maintain property insur-
Replacement see Sc 5.6
21
5.6.1. include the interests of OWNER. CONTRAC-
TOR. Subcontractors, ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured;
5.6.2. be written on a Builder's Risk "all-risk" or open
peril or special causes of loss policy form that shall at least
include insurance for physical loss or damage to the Work.
temporary buildings, falsework and Work in transit and shall
insure against at least the following perils fire, lightning,
extended coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition occasioned
by enforcement of Laws and Regulations, water damage.
and such other perils as may be specifically required by the
Supplementary Conditions;
5.6.3. include expenses incurred in the repair or replace-
ment of any insured property (including but not limited to
fees and charges of engineers and architects);
5.6.4. cover materials and equipment stored at the site or
at another location that was agreed to in writing by OWNER
pnor to being incorporated in the Work, provided that such
materials and equipment have been included in an Applica-
tion for payment recommended by ENGINEER; and
5.6.5. be maintained in effect until final payment is made
unless otherwise agreed to in writing by OWNER. CON-
TRACIOR and ENGINEER with thirty days written notice
to each other additional insisted to whom a certificate of
insurance has been issued.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured.
Replacement see SC 5.7
5.8. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and 5.7
will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to OWNER and CONTRACTOR and to each other
additional insured to whom a certificate of insurance has been
issued and will contain waiver provisions in accordance with
paragraph 5.11.
'I
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests of
CONTRACTOR. Subcontractors or others in the Work to the
extent of any deductible amounts that are identified in the
Supplementary Conditions. The risk of loss within such iden-
tified deductible amount, will be borne by CONTRACTOR.
Subcontractor or others suffering any such loss and if any of
them wishes property insurance coverage within the limits of
such amounts, each may purchase and maintain it at the
purchaser's own expense.
Delete 5.10
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance policies
provided under paragraphs 5.6 or 5.7, OWNER shall, if possi-
ble, include such insurance, and the cost thereof will be
charged to CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
5.11. Warn of Righss:
5.11.1. OWNER and CONTRACTOR intend that all
policies purchased in accordance with paragraphs 5.6 and
5.7 will protect OWNER, CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and all other per-
sons or entities identified in the Supplementary Conditions to
be listed as insureds or additional insureds in such policies
and will provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall
contain provisions tothe effect that in the event of payment
of any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. OWNER and CONTRACTOR waive all rights
against each other and their respective officers, directors,
employees and agents for all losses and damages caused by,
arising out of or resulting from any of the perils covered by
such policies and any other property insurance applicable to
the Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants
and all other persons or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
5.11.2. In addition, OWNER waives all rights against
CONTRACTOR, Subcontractors, ENGINEER, ENGI-
NEER's Consultants and the officers, directors, employees
and agents of any of them, for.
5.11.2.1. loss due to business interruption, loss of use
or other consequential loss extending beyond direct phys-
ical loss or damage to OWNER's property or the Work
caused by, arising out of or resulting from fire or other
peril, whether or not insured by OWNER; and
5.11.2.2. loss or damage to the completed Project or
part thereof caused by, arising out of or resulting from fire
or other insured peril covered by any property insurance
maintained on the completed Project or part thereof by
OWNER during partial utilization pursuant to paragraph
14.10, after substantial completion pursuant to paragraph
14.8 or after final payment pursuant to paragraph 14.13.
Any insurance policy maintained by OWNER covering any
loss, damage or consequential loss referred to in this paragraph
5.11.2 shall contain provisions to the effect that in the event of
payment of any such loss, damage or consequential loss the
insurers will have no rights of recovery against any of CON-
TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con-
sultants and the officers, directors, employees and agents of
any of them.
Realm and ApWitadon of Insurance Proceeds
Delete .12
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the require-
ments of any applicablemortgage clause and of paragraph 5.13.
OWNER shall deposit in a separate account any money so
received, and shall distribute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached the damaged Work shall be repaired or
replaced, the moneys so received applied on account thereof
and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
Delete 5.13
5.13. OWNER as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If such
objection be made, OWNER as fiduciary shall make settlement
with the insurers in accordance with such agreement as the
parties in interest may reach. If no such agreement among the
parties in interest is reached, OWNER as fiduciary shall adjust
and settle the loss with the insurers and, if required in writing
by any party in interest, OWNER as fiduciary shall give bond
for the proper performance of such duties.
Acceptance of Bondy and Inramrce; Option to Replace:
5.14. If either party (OWNER or CONTRACTOR) has any
objection to the coverage afforded by or other provisions of the
Bonds or insurance required to be purchased and maintained
by the other party in accordance with Article 5 on the basis of
non-conformance with the Contract Documents, the objecting
party shall so notify the other party in writing within ten days
after receipt of the certificates (or other evidence requested)
required by paragraph 2.7. OWNER and CONTRACTOR shall
each provide to the other such additional information in respect
of insurance provided as the other may reasonably request. If
either party does not purchase or maintain all of the Bonds and
insurance required of such party by the Contract Documents,
such party shall notify the other party in writing of such failure
to purchase prior to the start of the Work, or of such failure to
maintain prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
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required to provide such coverage. and a Change Order shall
be issued to adjust the Contract Price accordingly.
Throat Udlimaon- ProPeM' fnswann:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work poor to Substantial Completion
of all the Work, such use or occupancy may be accomplished in
accordance with paragraph 14.10: provided that no such use or
occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the property insur-
ance shall not be cancelled or permitted to lapse on account of
any such partial use or occupancy.
ARTICLE 6-- CONTRACTOR'S RESPONSIBILITIES
Supention and Superadendesee:
6.1. CONTRACTOR shall supervise, inspect and direct the
Work competently and efficiently. devoting such attention
thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Co el
tract Documents. CONTRACTOR shall be solely respons
ib
for the means, methods, techniques. sequences and procedures
of construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification of a
specific means. method, technique. sequence or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall be
responsible to see that the completed Work complies accu-
rately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at the
site and shall have authority to act on behalf of CONTRAC-
TOR. All communications to the superintendent shall be as
binding as if given to CONTRACTOR.
Labor. Mantis and Equipment
6.3. CONTRACTOR shall provide competent, suitably qual-
died personnel to survey, lay out and construct the Work as
required by the Contract Documents. CONTRACTOR shall at
all times maintain good discipline and order at the site. Except
as otherwise required for the safety or protection of persons or
the Work or property at the site or adjacent thereto, and except
as otherwise indicated in the Contract Documents. all Work at
the site shall be performed during regular working hours and
CONTRACTOR will not permit overtime work or the perfor-
mance of Work on Saturday. Sunday or any legal holiday
without OWNER's written consent given after poor written
notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments, CONTRACTOR shall furnish and assume full respon-
sibility for all materials, equipment. labor, transpoon
struction equipment and machinery, tools, appliances, fuel.
power. light, heat, telephone, water, sanitary facilities, tempo-
r
es and ncidentals necessary
ary fecfurnisand p rfoemtance titesting.tstart-u-up and compie-
for the furnishing. Pe
tion of the Work.
6.5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Docu-
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit of OWNER.
If required by ENGINEER. CONTRACTOR shall furnish
satisfactory evidence (including reports of required tests) as to
the kind and quality of materials and equipment. All materials
and equipment shall be applied, installed, connected, erected.
used. cleaned and conditioned in accordance with instructions
of the applicable Supplier. except as otherwise provided in the
Contract Documents.
6.6. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) pro-
posed adjustments to the progress schedule that will not
change the Contract Times (or Milestones). Such adjust-
ments will conform generally to the proB tss schedule then
in effect and additionally will comply with any provisions of
the General Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall be
submitted in accordance with the requirements of paragraph
12.1. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.
Addition see SC 6.6
6.7. Submmmu as •'OrEgS" Ilea v
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type. function and quality required. Unless the
specification or description contains or is followed by words
reading that no like, equivalent or "or -equal" item or no
substitution is permitted. other items of material or equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the following circumstances:
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6.7.1.1. "Or -Equal": If in ENGINEER's sole discre-
tion an item of material or equipment proposed by CON-
TRACTOR is functionally equal to that named and suffi-
ciently similar so that no change in related Work will be
required, it may be considered by ENGINEER as an
"orequal" item, in which case review and approval of the
proposed item may, in ENGINEER's sole discretion, be
accomplished without compliance with some or all of the
requirements for acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR does not qualify as an "or -equal" item
under subparagraph 6.7.1.1, it will be considered a pro-
posed substitute item. CONTRACTOR shall submit suffi-
cient information as provided below to allow ENGINEER
to determine that the item of material or equipment
proposed is essentially equivalent to that named and an
acceptable substitute therefor. The procedure for review
by the ENGINEER will include the following as supple-
mented in the General Requirements and as ENGINEER
may decide is appropriate under the circumstances. Re-
quests for review of proposed substitute items of material
or equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR. If CONTRACTOR
wishes to furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make written appli-
cation to ENGINEER for acceptance thereof, certifying
that the proposed substitute will perform adequately the
functions and achieve the results called for by the general
design, be similar in substance to that specified and be
suited to the same use as that specified. The application
will state the extent, if any, to which the evaluation and
acceptance of the proposed substitute will prejudice CON-
TRACTOR's achievement of Substantial Completion on
time, whether or not acceptance of the substitute for use in
the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project) to adapt
the design to the proposed substitute and whether or not
incorporation or use of the substitute in connection with
the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance, repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of all costs or credits that will result directly or
indirectly from acceptance of such substitute, including
costs of redesign and claims of other contractors affected
by the resulting change, all of which will be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may require CONTRACTOR to furnish addi-
tional data about the proposed substitute.
6.7.1.3. CONTRACTOR's Expense: All data to be
provided by CONTRACTOR in support of any proposed
"orequal,, or substitute item will be at CONTRACTOR's
expense.
6.7.2. Substitute Construction Methods or Procedures: If a
specific means, method, technique, sequence or procedure of
construction is shown or indicated in and expressly required by
the Contract Documents, CONTRACTOR may furnish or
utilize a substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER. CON-
TRACTOR shall submit sufficient information to allow ENGI-
NEER, in ENGINEER's sole discretion, to determine that the
substitute proposed is equivalent to that expressly called for by
the Contract Documents. The procedure for review by ENGI-
NEER will be similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2.
ENGINEER will be the sole judge of acceptability. No "or -
equal" or substitute will be ordered, installed or utilized
without ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to furnish at
CONTRACTOR's expense a special performance guarantee or
other surety with respect to any "or -equal" or substitute.
ENGINEER will record time required by ENGINEER and
ENGINEER's Consultants in evaluating substitutes proposed
or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2
and 6.7.2 and in making changes in the Contract Documents (or
in the provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER accepts a substitute item so proposed or submit-
ted by CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and ENGINEER's
Consultants for evaluating each such proposed substitute item.
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indicated
in paragraph 6.8.2). whether initially or as a substitute,
against whom OWNER or ENGINEER may have reason-
able objection. CONTRACTOR shall not be required to
employ any Subcontractor, Supplier or other person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the idem
tity of certain Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the princi-
pal items of materials or equipment) to be submitted to
OWNER in advance of the specified date prior to the
Effective Date of the Agreement for acceptance by OWNER
and ENGINEER, and if CONTRACTOR has submitted a
list thereof in accordance with the Supplementary Condi-
tions, OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto by the
date indicated for acceptance or objection in the bidding
documents or the Contract Documents) of any such Subcon-
tractor, Supplier or other person or organization so identified
may be revoked on the basis of reasonable objection after
due investigation, in which case CONTRACTOR shall sub-
mit an acceptable substitute, the Contract Price will be
adjusted by the difference in the cost occasioned by such
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substitution and an appropriate Change Order will be issued
or Written Amendment signed. No acceptance by OWNER
or ENGINEER of any such Subcontractor. Supplier or other
person or organization shall constitute a waiver of any right
of OWNER or ENGINEER to reject defective Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors. Suppliers and other persons and organiza-
tions performing or furnishing any of the Work undera direct
or indirect contract with CONTRACTOR just as CON-
TRACTOR is responsible for CONTRACTOR'S own acts
and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor. Supplier or
other person or organization any contractual relationship
between OWNER or ENGINEER and any such Subcon-
tractor. Supplier or other person or organization, nor shall it
create any obligation on the pan of OWNER or ENGI-
NEER to pay or to see to the payment of any moneys due
any such Subcontractor. Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations.
6.9.2. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors.
Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACTOR shall require all Sub-
contractors. Suppliers and such other persons and organiza-
tions performing or furnishing any of the Work to communi-
cate with the ENGINEER through CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. Al) Work performed for CONTRACTOR by a Sub-
contractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which specifically binds the Subcontractor or Supplier
to the applicable terms and conditions of the Contract Docu-
ments for the benefit of OWNER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is
listed as an additional insured on the property insurance
provided in paragraph 5.6 or 5.7. the agreement between the
CONTRACTOR and the Subcontractor or Supplier will con-
tain provisions whereby the Subcontractor or Supplier waives
all rights against OWNER. CONTRACTOR. ENGINEER.
ENGINEER'S Consultants and all other additional insureds for
all losses and damages caused by, arising out of or resulting
from any of the perils covered by such policies and any other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver forms to be signed by
any Subcontractor or Supplier. CONTRACTOR will obtain the
same.
Potent Fees and Royafhes:
6.12. CONTRACTOR shall pay all license fees and royal-
ties and assume all costs incident to the use in the performance
of the Work or the incorporauon in the Work of any invention,
design. process, product or device which is the subject of
patent rights or copyrights held by others. If a particular
invention, design. process. product or device is specified in the
Contract Documents for use in the performance of the Work
and if to the actual knowledge of OWNER or ENGINEER its
use is subject to patent rights or copyrights calling for the
payment of any license fee or royalty to others, the existence of
such rights shall be disclosed by OWNER in the Contract
Documents. Co the fulleACT R xtent permitted by Laws and
shall indemnify and hold harm -
Regulations. CONTRALTO
less OWNER, ENGINEER, ENGINEER'S Consultants and
the officers. directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the incorpora-
tion in the Work of any invention, design. process. product or
device not specified in the Contract Documents.
perturb:
6.13. Unless otherwise provided in the Supplementary
Conditions. CONTRACTOR shall obtain and pay all con-
struction permits and licenses. OWNER shall assist CON-
TR'RACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work.
which are applicable at the time of opening of Bids. or, if there
are no Bids, on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for connec-
tions to the Work. and OWNER shall pay all charges of such
utility owners for capital costs related thereto such as plant
investment fees.
Laws and Regdmiora:
6.14.1. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to furnishing and
performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations. neitherOWN ER
nor ENGINEER shall be responsible for monitoring CON-
TRACTOR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR performs any Work knowing
or having reason to know that it is contrary to Laws or
Regulations. CONTRACTOR shall bear all claims, costs.
losses and damages caused by, arising out of or resulting
therefrom; however, it shall not be CONTRAC'TOR'S pn-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with Laws and Regulations,
but this shall not relieve CONTRACTOR of CONTRAC-
TOR's obligations under paragraph 33.2.
Tans:
6.15. CONTRACTOR shall pay all sales, consumer. use
and other similar taxes required to be paid by CONTRACTOR
in accordance with the Laws and Regulations of the place of
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the Project which am applicabltduring the performance of the
Work.
Use of Premiss:
6.16. CONTRACTOR shall confine construction equip-
ment. the storage of materials and equipment and the opera-
tions of workers to the site and land and areas identified in and
permitted by the Contract Documents and other land and areas
permitted by Laws and Regulations, rights -of -way, permits and
easements, and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any dam-
age to any such land or area, or to the owner or occupant
thereof or of any adjacent land or areas, resulting from the
performance of the Work. Should any claim be made by any
such owner or occupant because of the performance of the
Work, CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by arbitra-
tion or other dispute resolution proceeding or at law. CON-
TRACTOR shall, to the fullest extent permitted by Laws and
Regulations, indemnify and hold harmless OWNER, ENGI-
NEER, ENGINEER's Consultant and anyone directly or
indirectly employed by any of them from and against all claims,
costs, losses and damages arising out of or resulting from any
claim or action, legal or equitable, brought by any such owner
or occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based upon
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work. At
the completion of the Work CONTRACTOR shall remove all
waste materials, rubbish and debris from and about the pre-
mises as well as all tools, appliances, construction equipment
and machinery and surplus materials. CONTRACTOR shall
leave the site clean and ready for occupancy by OWNER at
Substantial Completion of the Work. CONTRACTOR shall
restore to original condition all property not designated for
alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part of
any structure to be loaded in any manner that will endanger the
structure, nor shall CONTRACTOR subject any part of the
Work or adjacent property to stresses or pressures that will
endanger it.
6.19. CONTRACTOR shall maintain in a safe place at the
site one record copy of all Drawings, Specifications, Addenda,
Written Amendments, Change Orders, Work Change Direc-
tives, Field Orders and written interpretations and clarifica-
tions (issued pursuant to paragraph 9.4) in good order and
annotated to show all changes made during construction.
These record documents together with all approved Samples
and a counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion of
the Work, these record documents. Samples and Shop Draw-
ings will be delivered to ENGINEER for OWNER.
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall take
all necessary precautions for the safety of, and shall provide
the necessary protection to prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work;
6.20.2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the site;
and
6.20.3. other property at the site or adjacent thereto.
including trees, shrubs, lawns, walks, pavements, roadways,
structures, utilities and Underground Facilities not desig-
nated for removal, relocation or replacement in the course of
construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for safety of
persons or property or to protect them from damage, injury or
loss; and shall erect and maintain all necessary safeguards for
such safety and protection. CONTRACTOR shall notify own-
ers of adjacent property and of Underground Facilities and
utility owners when prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal,
relocation and replacement of their property. All damage,
injury or loss to any property referred to in paragraph 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or omissions
of OWNER or ENGINEER or ENGINEER's Consultant or
anyone employed by any of them or anyone for whose acts any
of them may be liable, and not attributable, directly or indi-
rectly, in whole or in part, to the fault or negligence of
CONTRACTOR or any Subcontractor, Supplier or other per-
son or organization directly or indirectly employed by any of
them). CONTRACTOR's duties and responsibilities for safety
and for protection of the Work shall continue until such time as
all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance with para-
graph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Comple-
tion).
Sgfery Repram adve:
6.21. CONTRACTOR shall designate a qualified and expe-
rienced safety representative at the site whose duties and
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responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and pro-
grams.
6.22. CONTRACTOR shall be responsible for coordinating
any exchange of material safety data sheets or other hazard
communication information required to be made available to or
exchanged between or among employers at the site in accor-
dance with Laws or Regulations.
Emergencies:
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto. CONTRACTOR, without special instruction or au-
thorization from OWNER or ENGINEER. is obligated to
act to prevent threatened damage, injury or loss. CON-
TRACTOR shall give ENGINEER prompt written notice if
CONTRACTOR believes that any significant charges in the
Work or variations from the Contract Documents have been
caused thereby. If ENGINEER determines that a change in
the Contract Documents is required because of the action
taken by CONTRACTOR in response to such an emergency.
a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.24. Shop Drmvi+gs and Sampler:
6.24.1. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample submittals
(see paragraph 2.9). All submittals will be identified as
ENGINEER may require and in the number of copies
specified in the General Requirements. The data shown on
the Shop Drawings will be complete with respect to quanti-
ties. dimensions, specified performance and design criteria
materials and similar data to show ENGINEER the materi-
als and equipment CONTRACTOR proposes to provide and
to enable ENGINEER to review the information for the
limited purposes required by paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with
said accepted schedule of Shop Drawings and Sample sub-
mittals. Each Sample will be identified clearly as to material.
Supplier, pertinent data such as catalog numbers and the use
for which intended and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for
the limited purposes required by paragraph 6.26. The num-
bers of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or Sam-
ple. CONTRACTOR shall have determined and verified:
6.25.1.1. all field measurements, quantities, dimen-
sions, specified performance criteria, installation require-
ments, materials. catalog numbers and similar information
with respect thereto.
6.25.1.2. all materials with respect to intended use.
fabrication. shipping, handling, storage, assembly and
installation pertaining to the performance of the Work. and
6.25.1.2. all information relative to CON RACTOR's
sole responsibilities in respect of means. methods, tech-
niques, sequences and procedures of construction and
safety precautions and programs incident thereto.
CONTRACTOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the
Contract Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied CON-
TRACTOR's obligations under the Contact Documents with
respect to CONIRACIOR'S review and approval of that
submittal.
6.25.3. At the time of each submission. CONTRACTOR
shall give ENGINEER specific written notice of such vari-
ations. if any, that the Shop Drawing or Sample submitted
may have from the requirements of the Contract Documents,
such notice to be in a written communication separate from
the submittal; and, in addition, shall cause a specific notation
to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance with the schedule of Shop Draw-
ings and Sample submittals accepted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER's review and approval
will be only to determine if the items covered by the submittals
will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be
compatible with the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER's review and approval will not extend to means.
methods. techniques, sequences or procedures of construction
(except where a particular means, method, technique. se-
quence or procedure of construction is specifically and ex-
pressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and
approval of a separate item as such will not indicate approval of
the assembly in which the item functions. CONTRACTOR
shall make corrections required by ENGINEER, and shall
return the required number of corrected copies of Shop Draw-
ings and submit as required new Samples for review and
approval. CONTRACTOR shall direct specific attention in
writing to revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
sibility for any variation from the requirements of the Contract
27
Documents unless CONTRACTOR has in writing called EN-
GINEER's attention to each such- variation at the time of
submission as required by paragraph 6.25.3 and ENGINEER
has given written approval of each such variation by specific
written notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility for
complying with the requirements of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submissions accepted by ENGINEER as required by
paragraph 2.9, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submittal will be
at the sole expense and responsibility of CONTRACTOR.
Continuing the Wort
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
permitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR may otherwise agree in writing.
6.30. CONT'RACIOR's General Warruny and Guarantee:
Addition — See SC 6.30.3.
6.30.1. CONTRACTOR warrants and guarantees to
OWNER. ENGINEER and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper maintenance
or operation by persons other than CONTRACTOR, Sub-
contractors or Suppliers; or
6.30.1.2. normal wear and tear under normal usage.
6.30.2. CONTRACTOR's.obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. None of the following will constitute an
acceptance of Work that is not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.3. recommendation of any progress or final
payment by ENGINEER;
6.30.2.3. the issuance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC.
TOR under the Contract Documents;
6.30.2.4. use or occupancy of the Work or any part
thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any failure to
do so;
6.30.2.6. any review and approval of a Shop Drawing
or Sample submittal or the issuance of a notice of accept-
ability by ENGINEER pursuant to paragraph 14.13;
6.30.2.7. any inspection, test or approval by others; or
6.30.2.8. any correction of defective, Work by OWNER.
Addition — See Sc 6.30.3
fndemnificaoon:
6.31. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants of
each and any of them from and against all claims, costs, losses
and damages (including but not limited to all fees and charges
of engineers, architects, attorneys and other professionals and
all court or arbitration or other dispute resolution costs) caused
by, arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage: (i) is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom, and
(ii) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any Supplier,
any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, regardless of whether
or not caused in part by any negligence or omission of a person
or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations regard-
less of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or ENGI-
NEER or any of their respective consultants, agents, officers,
directors or employees by any employee (or the survivor or
personal representative of such employee) of CONTRACTOR,
any Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform or
furnish any of the Work, or anyone for whose acts any of them
may be liable, the indemnification obligation under paragraph
6.31 shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable
by or for CONTRACTOR or any such Subcontractor, Supplier
or other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of CONTRACTOR
under paragraph 6.31 shall not extend to the liability of ENGI-
NEER and ENGINEER's Consultants, officers, directors,
employees or agents caused by the professional negligence,
errors or omissions of any of them.
Surviraf of Obfigationr:
6.34. All representations, indemnifications, warranties and
guarantees made in, required by or given in accordance with
I
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the Contract Documents, as well as all continuing obligations
indicated in the Contract D bcuments. will survive final pay-
ment, comdetion and acceptance of the Work and termination
or comp) in of the Agreement.
ARTICLE 7 -OTHER WORK
Additions see SC 7.5
Related Wort at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General Condi-
tions similar to these. or have other work performed by
utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work, and (ii) CONTRAC-
TOR may make a claim therefor as provided in Articles I1
and 12 if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or re-
quires additional time and the panics are unable to agree as
to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the addi-
tional work with OWNER's employees) proper and safe
access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the
execution of such other work and shall properly connect and
coordinate the Work with theirs. Unless otherwise provided
in the Contract Documents. CONTRACTOR shall do all
cutting, fitting and patching of the Work that may be required
to make its several pans come together properly and inte-
grate with such other work. CONTRACTOR shall not en-
danger any work of others by cutting, excavating or other-
wise altering their work and will only cut or alter their work
with the written consent of ENGINEER and the others
whose work will be affected. The duties and responsibilities
of CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of CON-
TRACTOR in said direct contracts between OWNER and
such utility owners and other contractors.
7.3. If the proper execution or results of any part of
CONTRACIOR's Work depends upon work performed by
others under this Article 7. CONTRACTOR shall inspect such
other work and promptly report to ENGINEER in writing any
delays, defects or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results
of CONTRAC TOR's Work. CONTRACTOR'S failure so to
report will constitute an acceptance of such other work as fit
and proper for integration with CONTRACIOR's Work except
for latent or nonapparent defects and deficiencies in such other
work.
coordi :
7.4. If OWNER contracts with
i others for the
performance
will c
of other work on the Project �� following
forth in Supplementary Conditions:
7.4.1. the person. firm or corporation who will have
authority and responsibility for coordination of the activities
among the various prime contractors will be identified;
7.4.2. the specific matters to be covered by such author-
ity and responsibility will be itemized: and
7.4.3. the extent of such authority and responsibilities
will be provided.
Unless otherwise provided in the Supplementary Condi-
tions, OWNER shall have sole authority and responsibility in
respect of such coordination•
ARTICLE g_OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to CONTRAC•
TOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly when they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish ref-
erence points are set forth in paragraphs 4.1 and 4.4. Paragraph
4.2 refers to OWNER's identifying and making available to
CONTRACTOR copies of reports of explorations and tests of
subsurface conditions at the site and drawings of physical
conditions in existing stnrctures at or contiguous to
the site that
have been utilized by ENGINEER in preparing the Contract
Documents.
Delete 8.5
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth in
paragraphs 5.5 through 5.10.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
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8.7. OWNER's responsibility in respect of certain inspec-
lions, tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.10 and 15.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
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8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for. CONTRAC-
TOR's means, methods, techniques, sequences or procedures
of construction or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the furnishing or perfor-
mance of the Work. OWNER will not be responsible for
CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents.
8.10. OWNER'S responsibility in respect of undisclosed
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive
Materials uncovered or revealed at the site is set forth in
paragraph 4.5.
8.11. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial arrange-
ments have been made to satisfy OWNER's obligations under
the Contract Documents, OWNER's responsibility in respect
thereof will be as set forth in the Supplementary Conditions.
ARTICLE 9 —ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Represenmpve:
9.1. ENGINEER wiltbe OWNER's representative during
the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's repre-
sentative during construction are set forth in the Contract
Documents and shall not be extended without written consent
of OWNER and ENGINEER.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as ENGI-
NEER deems necessary in order to observe as an experienced
and qualified design professional the progress that has been
made and the quality of the various aspects of CONTRAC-
TOR's executed Work. Based on information obtained during
such visits and observations. ENGINEER will endeavor for
the benefit of OWNER to determine, in general, if the Work is
proceeding in accordance with the Contract Documents. EN-
GINEER will not be required to make exhaustive or continu-
ous on -site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward providing
for OWNER a greater degree of confidence that the completed
Work will conform generally to the Contract Documents. On
the basis of such visits and on -site observations. ENGINEER
will keep OWNER informed of the progress of the Work and
will endeavor to guard OWNER against defective Work. EN-
GINEER's visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility set
forth in paragraph 9.13, and particularly, but without limitation,
during or as a result of ENGINEER's on -site visits or
30
observations of CONTRACTOR's Work ENGINEER will not
supervise, direct, control or have authority over or be respon-
sible for CONTRACTOR's means, methods, techniques, se-
quences or procedures of construction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of the Work.
Project Representave:
9.3. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist ENGI-
NEER in providing more continuous observation of the Work.
The responsibilities and authority and limitations thereon of
any such Resident Project Representative and assistants will be
as provided in paragraph 9.13 and in the Supplementary
Conditions. If OWNER designates another representative or
agent to represent OWNER at the site who is not ENGI-
NEER's Consultant, agent or employee, the responsibilities
and authority and limitations thereon of such other person will
be as provided in the Supplementary Conditions.
• , ., j LI.Y. ,
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings or
otherwise) as ENGINEER may determine necessary, which
shall be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and
interpretations will be binding on OWNER and CONTRAC-
TOR. If OWNER or CONTRACTOR believes that a written
clarification or interpretation justifies an adjustment in the
Contract Price or the Contract Times and the parties are unable
to agree to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as pro-
vided in Article 11 or Article 12.
Auhotized Variations in Watt
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Times and are compatible with the design concept of
the completed Project as a functioning whole as indicated by
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved promptly.
If OWNER or CONTRACTOR believes that a Field Order
justifies an adjustment in the Contract Price or the Contract
Times and the parties are unable to agree as to the amount or
extent thereof, OWNER or CONTRACTOR may make a
written claim therefor as provided in Article II or 12.
Rejearng Defective Wei*:
9.6.
ENGINEER will have
authority
to disapprove
or
reject
Work which ENGINEER
believes
to be defective,
or
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that ENGINEER believes will not produce a completed Project
that conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER will also have authority to require special inspec-
tion or testing of the Work as provided in paragraph 13.9.
whether or not the Work is fabricated. installed or completed.
Shop Drawings, Charge Orden and Paprtnb:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through 6.28
inclusive.
9.8. In connection with ENGINEER'S authority as to
Change Orders. see Articles 10. 11. and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment. see Article 14.
DerernanaSons for Unit Prices:
9.10. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CONTRAC-
TOR. ENGINEER will review with CONTRACTOR the EN-
GINEER's preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER'S written
decision thereon will be final and binding upon OWNER and
CONTRACTOR. unless. within ten days after the date of any
such decision, either OWNER or CONTRACTOR delivers to
the other and to ENGINEER written notice of intention to
appeal from ENGINEER'S decision and: (i) an appeal from
ENGINEER's decision is taken within the time limits and in
accordance with the procedures set forth in Exhibit GC -A.
• Dispute Resolution Agreement:' entered into between
OWNER and CONTRACTOR pursuant to Article 16. or (ii) if
no such Dispute Resolution Agreement has been entered into.
a formal proceeding is instituted by the appealing party in a
forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to
ENGINEER's decision, unless otherwise agreed in writing by
OWN ER and CONTRACTOR. Such appeal will not be subject
to the procedures of paragraph 9.11.
Decisions on Digxdev
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
Claims under Articles II and 12 in respect of changes in the
Contract Price or Contract Times will be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance with this paragraph. Written notice of each such
claim, dispute or other matter will be delivered by the claimant
to ENGINEER and the other party to the Agreement promptly
Ibut in no event later than thirty days) after the start of the
occurrence or event giving rise thereto, and wntten supporting
data will be submitted to ENGINEER and the other party
within sixty days after the start of such occurrence or event
unless ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support of
such claim, dispute or other matter. The opposing party shall
submit any response to ENGINEER and the claimant within
thirty days after receipt of the claimant's last submittal lunless
ENGINEER allows additional time). ENGINEER will render
a formal decision in writing within thirty days after receipt of
the opposing party's submittal. if any. in accordance with this
paragraph. ENGINEER's written decision on such claim.
dispute or other matter will be final and binding upon OWNER
and CONTRACTOR unless: (i) an appeal front ENGINEER'S
decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC -A. "Dispute Reso-
lution Agreement." entered into -between OWNER and CON-
TRACTOR pursuant to Article 16, or (ii) if no such Dispute
Resolution Agreement has been entered into, a wntten notice
of intention to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other and to
ENGINEER within thirty days after the date of such decision
and a formal proceeding is instituted by the appealing party in
a forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to such
claim, dispute or other matter in accordance with applicable
Laws and Regulations within sixty days of the date of such
decision, unless otherwise agreed in writing by OWNER and
CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11. ENGINEER will not show partiality
to OWNER or CONTRACTOR and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect
to any such claim, dispute or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.15) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any such claim, dispute or other matter pursuant to Article 16.
9.13. Liauamaa at ENGINEER'S Antharuf aid RegowSNilibm
9.13.1. Neither ENGINEER'S authority or responsibil-
ity under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
or responsibility or the undertaking. exercise or performance
of any authority or responsibility by ENGINEER shall
create. impose or give rise to any duty owed by ENGINEER
to CONTRACTOR. any Subcontractor. any Supplier, any
other person or organization. or to any surety for or em-
ployee or agent of any of them.
31
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9.13.2. ENGINEER will net supervise, direct, control
or have authority over or be responsible for CONTRAC-
TOR's means, methods, techniques, sequences or proce-
dures of construction, or the safety precautions and pro-
grams incident thereto, or for any failure of CONTRACTOR
to comply with Laws and Regulations applicable to the
furnishing or performance of the Work. ENGINEER will not
be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Docu-
ments.
19.13.3. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of any Subcontractor,
any Supplier, or of any other person or organization perforrn-
ing or furnishing any of the Work.
9.13.4. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
bonds and certificates of inspection, tests and approvals and
Other documentation required to be delivered by paragraph
14.12 will only be to determine generally that their content
complies with the requirements of. and in the case of
certificates of inspections, tests and approvals that the
results certified indicate compliance with, the Contract Doc-
uments.
9.13.5. The limitations upon authority and responsibility
set forth in this paragraph 9.13 shall also apply to ENGI-
NEER's Consultants. Resident Project Representative and
assistants. .
ARTICLE 10 —CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety. OWNER may. at any time or from time
to time, order additions, deletions or revisions in the Work.
Such additions, deletions or revisions will be authorized by
a Written Amendment, a Change Order, or a Work Change
Directive. Upon receipt of aoysuch document. CONTRAC-
TOR shall promptly proceed with the Work involved which
will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically pro-
vided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent. if any, of an adjustment in the Contract Price
or an adjustment of the Contract Times that should be allowed
as a result of a Work Change Dinxtive, a claim may be made
therefor as provided in Article II or Article 12,
10.3. CONTRACTOR shall not be entitled to an increase in
the Contract Price or an extension of the Contract Times with
respect to any Work performed that is not required by the
Contract Documents as amended, modified and supplemented
as provided in paragraphs 3.5 and 3.6 except in the case of an
emergency as provided in paragraph 6.23 or in the case of
uncovering Work as provided in paragraph 13.9.
32
10.4. OWNER and CONTRACTOR shall execute apprtr
priate Change Orders recommended by ENGINEER (or Writ-
ten Amendments) covering:
10.4.1. changes in the Work which are (i) ordered by
OWNER pursuant to paragraph 10.1, (ii) required because of
acceptance of defective Work under paragraph 13.13 or
correcting defective Work under paragraph 13.14, or (iii)
agreed to by the parties;
10.4.2. changes in the Contract Price or Contract Times
which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract Times
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9.11;
provided that, in lieu of executing any such Change Order, an
appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal. CON-
TRACTOR shall carry on the Work and adhere to the progress
schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope of
the Work or the provisions of the Contract Documents (includ-
ing, but not limited to, Contract Price or Contract Times) is
required by the provisions of any Bond to be given to a surety,
the giving of any such notice will be CONTRACTOR's respon-
sibility, and the amount of each applicable Bond will be
adjusted accordingly.
Addition see Sc 10.6
ARTICLE I I —CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensa-
tion (subject to authorized adjustments) payable to CON.
TRACTOR for performing the Work. All duties, responsibili-
ties and obligations assigned toorundertakenby CONTRACTOR
shall be at CONTRACTOR's expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an adjust-
ment in the Contract Price shall be based on written notice
delivered by the party making the claim to the other party and
to ENGINEER promptly (but in no event later than thirty
days) after the start of the occurrence or event giving rise to the
claim and stating the general nature of the claim. Notice of the
amount of the claim with supporting data shall be delivered
within sixty days after the start of such occurrence or event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that
the adjustment claimed covers all known amounts to which the
claimant is entitled as a result of said occurrence or event. All
claims for adjustment in the Contract Price shall be determined
by ENGINEER in accordance with paragraph 9.11 if OWNER
and CONTRACTOR cannot otherwise agree on the amount
involved. No claim loran adjustment in the Contract Price will
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be valid if not submitted in accordance with this paragraph
11.2.
11.3. The value of any Work covered by a Change Order or
of any claim for an adjustment in the Contract Price will be
determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents. by application
of such unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1 through
11.9.3. inclusive);
11.3.2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a mutually
agreed lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with
paragraph 11.6.2):
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agreement
to a lump sum is not reached under paragraph 11.3.2, on the
basis of the Cost of the Work (determined as provided in
paragraphs 11.4 and 11.5) plus a CONTRA'TOR's fee for
overhead and profit (determined as provided in paragraph
11.6).
Coal die wart:
11.4. The term Cost of the Work means the sum of all costs
necessarily incurred and paid by CONTRACTOR in the proper
performance of the Work. Except as otherwise may be agreed
to in writing by OWNER, such costs shall be in amounts no
higher than those prevailing in the locality of the Project. shall
include only the following items and shall not include any of the
costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER and
CONTRACTOR. Such employees shall include without lim-
itation superintendents, foremen and other personnel em-
ployed full- time at the site. Payroll costs for employees not
employed full time on the Work shall be apportioned an the
basis of their time spent on the Work. Payroll costs shall
include, but not be limited to. salaries and wages plus the
cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, work-
ers' compensation, health and retirement benefits, bonuses.
sick leave, vacation and holiday pay applicable thereto. The
expenses of perforating Work after regular working hours.
on Saturday. Sunday or legal holidays, shall be included in
the above to the extent authorized by OWNER.
11.4.2. Cost ofall materials and equipment furnished and
incorporated in the Work, including costs of transportation
and storage thereof, and Suppliers' field services required in
connection therewith. All cash discounts shall accrue to
CONTRACTOR unless OWNER deposits funds with CON-
TRACTOR with which to make payments, in which case the
cash discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and returns from sale of surplus materi-
als and equipment shall accrue to OWNER, and CON-
'TRACIOR shall make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRACTOR to the Sub-
contractors for Work performed or furnished by Subcontrac-
tors. if required by OWNER. CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to OWNER
and CONTRACTOR and shall deliver such bids to OWNER
who will then determine, with the advice of ENGINEER,
which bids, if any, will be accepted. If any subcontract
provides that the Subcontractor is to be paid on the basis of
Cost of the Work Plus a fee, the Subcontractor's Cost of the
Work and fee shall be determined in the same manner as
CONTRACTOR'S Cost of the Work and fee as provided in
paragraphs 11.4, 11.5. 11.6 and 11.7. All subcontracts shall
be subject to the other provisions of the Contract Documents
insofar as applicable.
11.4.4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories, survey-
ors, attorneys and accountants) employed for services spe-
cifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation,
travel and subsistence expenses of CONTRACTOR'S em-
ployees incurred in discharge ofduties connected with the
Work.
11.4.52. Cost, including transportation and mainte-
nance, of all materials, supplies. equipment. machinery.
appliances, office and temporary facilities at the site and
hand tools not owned by the workers, which are con-
sumed in the performance of the Work, and cost less
market value of such items used but not consumed which
remain the property ofCONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental agree-
ments approved by OWNER with the advice of ENGI-
NEER. and the costa of transportation. loading, unload-
ing. installation, dismantling and removal thereofallin
accordance with the teams of said rental agreements. The
rental of any such equipment, machinery or parts shall
cease when the use thereof is no longer necessary for the
Work.
II .4.5.4. Sales, consumeruse or similar taxes related
to the Work, and for which CONTRACTOR is liable,
imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
1 33
11.4.5.6. Losses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by CONTRACTOR in
connection with the performance and furnishing of the
Work (except losses and damages within the deductible
amounts of property insurance established by OWNER in
accordance with paragraph 5.9), provided they have re-
sulted from causes other than the negligence of CON-
TRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any
of them may be liable. Such losses shall include settle-
ments made with the written consent and approval of
OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of
determining CONTRAC AR's fee. If, however, any such
loss or damage requires reconstruction and CONTRAC-
TOR is placed in charge thereof. CONTRACTOR shall be
paid for services a fee proportionate to that stated in
paragraph 11.6.2.
11.43.7. The cost of utilities, fuel and sanitary facili-
ties at the site.
11.4.5.8. Minor expenses such as telegrams, long dis-
tance telephone calls, telephone service at the site, ex-
pressage and similar petty cash items in connection with
the Work.
11.4.5.9. Cost of premiums for additional Bonds and
insurance required because of changes in the Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (of partnership
and sole proprietorships), general managers, engineers, ar-
chitects, estimators, attorneys, auditors, accountants, pur-
chasing and contracting agents, expediters, timekeepers,
Clerks and other personnel employed by CONTRACTOR
whether at the site or in CONTRACTOR's principal or a
branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically
covered by paragraph II .4.4 —all of which are to be consid-
ered administrative costs covered by the CONTRACTOR's
fee.
11.5.2. Expenses of C0NTRACTOR's principal and
branch offices other than CONTRACTOR's office at the site.
11.5.3. Any part of CONTRACIOR's capital expenses,
including interest on CONTRACTOR'$ capital employed for
the Work and charges against CONTRACTOR for delin-
quent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase and maintain the same
(except for the cost of premiums covered by subparagraph
11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRAC-
TOR, any Subcontractor, or anyone directly or indi-
rectly employed by any of them or for whose acts any
of them may be liable, including but not limited to, the
correction of defective Work, disposal of materials or
equipment wrongly supplied and making good any
damage to property.
Other overhead or general expense costs of any kind
and the costs of any item not specifically and expressly
included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11.6.1. a mutually acceptablefixed fee; or
11.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1
and 11.4.2. the CONTRACTOR's fee shall be fifteen
percent;
11.6.2.2. for costs incurred under paragraph 11.4.3,
the CONTRACTOR's fee shall be five percent;
11.6.2.3. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no fixed fee
is agreed upon, the intent of paragraphs 11.4.1, 11.4.2,
11.4.3 and 11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier, will be
paid a fee of fifteen percent of the costs incurred by such
Subcontractor under paragraphs 11.4.1 and 1 I.4.2 and that
any higher tier Subcontractor and CONTRACTOR will
each be paid a fee of five percent of the amount paid to the
next lower tier Subcontractor,
11.6.2.4. no fee shall be payable on the basis of costs
itemized under paragraphs 11.4.4, 11.4.5 and 11.5;
11.6.2.5. the amount of credit to be allowed by CON-
TRACTOR to OWNER for any change which results in a
net decrease in cost will be the amount of the actual net
decrease in cost plus a deduction in CONTRACTOR's fee
by an amount equal to five percent of such net decrease;
and
11.6.2.6. when both additions and credits are involved
in any one change, the adjustment in CONTRACTOR's
fee shall be computed on the basis of the net change in
accordance with paragraphs 11.6.2.1 through 11.6.23,
inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraphs 11.4 and 113, CONTRACTOR will
establish and maintain records thereof in accordance with
generally accepted accounting practices and submit in form
acceptable to ENGINEER an itemized cost breakdown to-
gether with supporting data.
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11.8. It is understood that CONTRACTOR has included in
the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be fur-
nished and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRACTOR agrees that:
11.8.1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials and
equipment required by the allowances to be delivered at the
site, and all applicable taxes: and
11.8.2. CONTRACTDR's costs for unloading and han-
dling on the site, labor. installation costs, overhead, profit
and other expenses contemplated for the allowances have
been included in the Contract Price and not in the allowances
and no demand for additional payment on account of any of
the foregoing will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall be correspondingly
adjusted.
11.9. Unit Price Wo.t
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the established unit
price for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of items of Unit Price
Work are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and classifica-
tions of Unit Price Work performed by CONTRACTOR will
be made by ENGINEER in accordance with paragraph9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACIOR's overhead and profit for each sepa-
rately rately identified item.
Replace 11.93 with Sc 11.9.3
11.9.3. OWNER or CONTRACTOR may make a claim
for an adjustment in the Contract Price in accordance with
Article l I if:
11.9.3.1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and sig-
mficantly from the estimated quantity of such item indi-
cated in the Agreement; and
11.9.3.2. there is no corresponding adjustment with
respect to any other item of Work. and
11.9.3.3. if CONTRACTOR believes that CONTRAC-
TOR is entitled to an increase in Contract Price as a result
of having incurred additional expense or OWNER be•
liens that OWNER is entitled to a decrease in Contract
Price and the parties are unable to agree as to the amount
of any such increase or decrease.
ARTICLE 12 --CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment. Any
claim for an adjustment of the Contract Times (or Milestones)
shall be based on written notice delivered by the party making
the claim to the other party and to ENGINEER promptly (but
in no event later than thirty days) after the occurrence of the
event giving rise to the claim and staling the general nature of
the claim. Notice of the extent of the chum with supporting
data shall be delivered within sixty days after such occurrence
(unless ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim) and shall
be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Times (or Milestones) shall be determined by ENGI-
NEER in accordance with Paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
if not submitted in accordance with the requirements of this
paragraph 12.1. - '
12.2. All time limits stated in the Contract Documents are
of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from coma fet-
ing any part of the Work within the Contract Time (or
Milestones) due to delay beyond the control of CONTRAC-
TOR. the Contract Tuna (or Milestones) will be extended in an
amount equal to the time lost due to such delay if a claim is
made therefor as provided in paragraph 12.1. Delays beyond
the control of CONTRACTOR shall include, but not be limited
to. acts or neglect by OWNER, acts or neglect of utility owners
or other contractors performing other work as contemplated by
Article 7, fires. floods, epidemics. abnormal weather coodt
nods or acts of God. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR
12.4. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Time. (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy for
such delay. In no event shall OWNER be liable to CONTRAC-
TOR. any Subcontractor. any Supplier, any other person or
organization, or to any surety for or employee or agent of any
of them, for damages arising out of or resulting from (i) delays
caused by or within the control of CONTRACTOR, or (o)
1 35
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delays beyond the control of both parties including but not
limited to fires, floods, epidemics, abnormal weather condi-
tions. acts of God or acts or neglect by utility owners or
other contractors performing other work as contemplated by
Article 7.
ARTICLE 13 —TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECJ7VE WORK
13.1. Notice of Defects: Prompt notice of all defective
Work of which OWNER or ENGINEER have actual knowl-
edge will be given to CONTRACTOR. All defective Work
may be rejected, corrected or accepted as provided in this
Article 13.
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13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER, independent
testing laboratories and governmental agencies with jurisdic-
tional interests will have access to the Work at reasonable times
for their observation, inspecting and testing. CONTRACTOR
shall provide them proper and safe conditions for such axess
and advise them of CONTRACTOR's site safety procedures
and programs so that they may comply therewith as applicable.
Tatr and lagwed r: ..
13.3. CONTRACTOR shall give ENGINEER timely no-
tice of readiness of the Work for all required inspections, tests
or approvals, and shall cooperate with inspection and testing
personnel to facilitate required inspections or tests.
Replacement with SC 13.3
13.4. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspections, tests,
or approvals required by the Contract Documents except:
Replacement with SC .13.4
13.4.1. for inspections, tests or approvals covered by
paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.9 below
shall be Paid as provided in said paragraph 13.9; and
13.4.3. as otherwise specifically provided in the Con-
tract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically to be
inspected, tested or approved by an employee or other repre-
sentative of such public body, CONTRACTOR shall assume
full responsibility for arranging and obtaining such inspections,
tests or approvals, pay all costs in connection therewith, and
furnish ENGINEER the required certificates of inspection, or
approval. CONTRACTOR shall also be responsible for arrang-
ing and obtaining and shall pay all costs in connection with any
inspections, tests or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work, or of materials, mix designs, or
equipment submitted for approval prior to CONTRACTOR's
purchase thereof for incorporation in the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if re-
quested by ENGINEER, be uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6 shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
13.8. If any Work is covered contrary to the written request
of ENGINEER, it must, if requested by ENGINEER, be
uncovered for ENGINEER's observation and replaced at
CONTRACIOR's expense.
13.9. If ENGINEER considers it necessary or advisable,
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's re-
quest, shall uncover, expose or otherwise make available for
observation, inspection or testing as ENGINEER may require,
that portion of the Work in question, furnishing all necessary
labor, material and equipment. If it is found that such Work is
defective, CONTRACTOR shall pay all claims, costs, losses
and damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing and
of satisfactory replacement or reconstruction (including but not
limited to all costs of repair or replacement of work of others);
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof, may make a claim therefor as provided in
Article I I . If. however, such Work is not found to be defective,
CONTRACTOR shall be allowed an increase in the Contract
Price or an extension of the Contract Times (or Milestones), or
both, directly attributable to such uncovering, exposure, ob-
servation, inspection, testing, replacement and reconstruction;
and, if the parties are unable to agree as to the amount orextem
thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles II and 12.
OWNER May Stop the Wok
13.10. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or equip-
ment, or fails to furnish or perform the Work in such a way that
the completed Work will conforrn to the Contract Documents,
OWNER may order CONTRACTOR to stop the Work, or any
portion thereof, until the cause for such order has been
eliminated; however, this right of OWNER to stop the Work
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shall not give rise to any duty on the an of OWNER to
exercise this right for the benefit of CONTRACTOR or any
surety or other party.
Canna or Remove! of Defective Wale
13.11. If required by ENGINEER. CONTRACTOR shall
promptly, as directed, either correct all defective Work, whether
or not fabricated. installed or completed, or, if the Work has
been rejected by ENGINEER. remove it from the site and
replace it with Work that is not defective. CONTRACTOR shall
pay all claims, costs, losses and damages caused by or resulting
from such correction or removal (including but not limited to all
costs of repair or replacement of work of others).
13.12. Carralloe hriad:
13.12.1. If within ore year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract Doc-
uments or by any specific provision of the Contract Docu-
ments, any Work is found to be defective. CONTRACTOR
shall promptly, without cost to OWNER and in accordance
with OWNER's written instructions: (i) correct such defer
live Work, or. if it has been rejected by OWNER, remove it
from the site and replace it with Work that is not defective,
and (u) satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting
therefrom. If CONTRACTOR does not promptly comply
with the term of such instructions, or in an emergency
where delay would cause serious risk of loss or damage.
OWNER may have the defective Work corrected or the
rejected Work removed and replaced. and all claims, costs,
losses and damages caused by or resulting from such re-
moval and replacement (including but not limited to an costs
of repair or replacement of work of others) will be pad by
CONTRACTOR.
13.12.2. In special circumsances where a particular item
of equipment is placed in continuous service before Substan-
tial Completion of all the Work, the correction period for that
item nay start to nm from an earlier date if so provided in
the Specifications or by Written Amendment.
13.12.3. Where defective Work land damage to other
Work resulting therefrom) has been corrected, removed or
replaced under this paragraph 13.1 2, the correction period
hereunder with respect to such Work will be extended foran
additional period of one year after such correction or re-
moval and replacement has been satisfactorily completed.
Aocapmaa of Dsfeeare Wet
13.13. If, instead of requiring correction or removal and
• replacement of defective Work. OWNER (and. prior to ENGI-
NEER's recommendation of final payment, also ENGINEER)
prefers to accept it. OWNER may do so. CONTRACTOR shall
pay all claims, costs. losses and damages attributable to
OWNER's evaluation of and determination to accept such
defective Work (such costs to be approved by ENGINEER as
to reasonableness). If any such acceptance occurs prior to
ENGINEER's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respectto the ONER
shall be entitled to an appropriate decrease in the Contract
Price. and, if the parties are unable to agree as to the amount
thereof. OWNER may make a claim therefor as provided in
Article II. If the acceptance occurs after such recommenda-
tion, an appropriate amount will be paid by CONTRACTOR to
OWNER.
OWNER May Carnet Defedin Wort
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.11. or if CON-
TRACTOR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR fails to comply
with any other provision of the Contract Documents, OWNER
may. after seven days' written notice to CONTRACTOR,
correct and remedy any such deficiency. In exercising the
rights and remedies under this paragraph OWNER shall pro-
-d expeditiously. In connection with such corrective and
remedial action, OWNER may exclude CONTRACTOR from
all or part of the site, take possession of all or part of the Work,
and suspend CONTRACTOR'S services related thereto, take
possession of CONTRACTOR'S toolsr appliances. construc-
tion equipment and machinery at the site and incorporate in the
Work all materials and equipment stored at the site or for which
OWNER has paid CONTRACTOR' but which are stored
elsewhere. CONTRACTOR shall allow OWNER. OWNER's
representatives, agents and employees. OWNER'S other con-
tractors and ENGINEER and ENGINEER's Consultants ac-
cess to the site to enable OWNER to exercise the rights and
remedies under this paragraph. All claims, costs, losses and
damages incurred or sustained by OWNER in exercising such
rights and remedies will be charged against CONTRACTOR
and a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof. OWNER may make a claim therefor as
provided in Article 11. Such claims, costs, losses and damages
will include but not be limited to all costs of repair or replace-
ment of work of others destroyed or damaged by correction,
removal or replacement of CONTRACTOR's defective Work.
CONTRACTOR shall not be allowed an extension of the
Contract Times (or Milestones) because of any delay in the
performanceofthe Workattributabletotheexert tse by OWN ER
of OWNER's rights and remedies hereunder:
ARTICLE 14 —PAYMENTS TO CONTRACTOR AND
COMPLETION
SchSu a of Valera
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments and
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will be incorporated into a forth of Application for Payment
acceptable to ENGINEER. Progress payments on account of
Unit Price Work will be based on the number of units com-
pleted.
i• . I . II-' .'11...1.'.
Replacement with SC 14.2
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month). CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the date
of the Application and accompanied by such supporting
documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equip-
ment not incorporated in the Work but delivered and suitably
stored at the site or at another location agreed to in writing,
the Application for Payment shall also be accompanied by a
bill of sale, invoice or other documentation warranting that
OWNER has received the materials and equipment free and
clear of all Liens and evidence that the materials and
equipment are covered by appropriate property insurance
and otherarangements to protect OWNER's interest therein,
all of which will be satisfactory to OWNER. The amount of
retainage with respect to progress payments will be as
stipulated in the Agreement.
COWrRAC7UR's Wanwuy of Tide:
14.3. CONTRACTOR warrants and guarantees that title to
all Work, materials and equipment covered by any Application
for Payment, whether incorporated in the Project or not, will
pass to OWNER no later than the time of payment free and
clear of all Liens.
Review of Appkcmions for Progress Pggnrrnt
Revision see SC 14.4
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application to
OWNER, or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to recom-
mend payment. In the latter case, CONTRACTOR may make
the necessary corrections and resubmit the Application. Ten
days after presentation of the Application for Payment to
OWNER with ENGINEER'S recommendation, the amount
recommended will (subject to the provisions of the last sew
tence of paragraph I4.7) become due and when due will be paid
by OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment re-
quested in an Application for Payment will constitute a repre-
sentation by ENGINEER to OWNER, based on ENGINEER's
on -site observations of the executed Work as an experienced
and qualified design professional and on ENGINEER's review
of the Application for Payment and the accompanying data and
schedules, that to the best of ENGINEER'S knowledge, infor-
mation and belief:
14.5.1. the Work has progressed to the point indicated,
14.5.2. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to an evalu.
ation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent
tests called for in the Contract Documents, to a final
determination of quantities and classifications for Unit
Price Work under paragraph 9.10, and to any other quali-
fications stated in the recommendation), and
14.5.3. the conditions precedent to CONTRACTOR's
being entitled to such payment appear to have been
fulfilled in so far as it is ENGINEER's responsibility to
observe the Work.
However, by recommending any such payment ENGINEER
will not thereby be deemed to have represented that: ()
exhaustive or continuous on -site inspections have been made
to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or (ii) that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or entitle OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any payment, in-
cluding final payment, shall not mean that ENGINEER is
responsible forCONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of Work, or for any
failure of CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole or
any par of any payment if, in ENGINEER's opinion, it would
be incorrect to make the representations to OWNER referred
to in paragraph 14.5. ENGINEER may also refuse to recom-
mend any such payment, or. because of subsequently discov-
ered evidence or the results of subsequent inspections or tests,
nullify any such payment previously recommended, to such
extent as may be necessary in ENGINEER's opinion to
protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to correct defec-
tive Work or complete Work in accordance with paragraph
13.14, or
14.7.4. ENGINEER has actual knowledge of the oc-
currence of any of the events enumerated in paragraphs
15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made agarinst OWNER on
account of CONTRACTORS performance or furnishing of
the Work,
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14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.7.7. them rue other items entitling OWNER to a
setoff against the amount recommended, or
14.7.8. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in paragraphs
14.7.1 through 14.7.3 or paragraphs
.2.4
inclusive;
but OWNER must give CONTRACTOR immediate written
notice (with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACTOR the amount so
withheld, or any adjustment thereto agreed to by OWNER and
CONTRACTOR, when CONTRACTOR corrects to OWN -
ER's satisfaction the reasons for such action.
11th ,„...�,
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify OWNER
and ENGINEER in writing that the entire Work is substantially
complete (except for items s al all � listed teby COER issue a
TOR as incomplete) and request
certificate of Substantial Completion. Within a reasonable time
thereafter. OWNER. CONTRACTOR and ENGINEER shall
make an inspection of the Work to determine the status of
completion. If ENGINEER does not consider the Work sub-
stantially complete. ENGINEER will notify CONTRACTOR
in writing giving the reasons therefor. If ENGINEER considers
the Work substantially complete. ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial Com-
pletion which shall fix the date of Substantial Completion.
There shall be attached to the certificate a tentative list of items
to be completed or corrected before final payment. OWNER
shall have seven days after receipt of the tentative certificate
during which to make wntten objection to ENGINEER as to
any provisions of the certificate or attached list. If, after
considering such objections. ENGINEER concludes that the
Work is not substantially complete. ENGINEER will within
fourteen days after submission of the tentative certificate to
OWNER notify CONTRACTOR in writing, stating the reasons
therefor. If, after consideration of OWNER's objections. EN-
GINEER considers the Work substantially complete, ENGI-
NEER will within said fourteen days execute and deliver to
OWNER and CONTRACTOR a definitive certificate of Sub-
stantial Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time of
delivery of the tentative certificate of Substantial Completion
ENGINEER will deliver to OWNER and CONTRACTOR a
written recommendation as to division of responsibilities pend-
ing final payment between OWNER and CONTRACTOR with
respect to security. operation. safety. maintenance, heat, utili-
ties, insurance and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER'S issuing the
definitive certificate of Substantial Completion. ENGINEER's
aforesaid recommendation will be binding on OWNER and
CONTRACTOR until final payment.
14.9. OWNER shall have the light to exclude CONTRAC-
TOR from the Work after the date of Substantial Completion.
but OWNER shall allow CONTRACTOR reasonable access to
complete or correct items on the tentative list.
twSl UdUMMian:
14.10. Use by OWNER at OWNER'S option of any sub•
stantially completed part of the Work which: (i) has specifically
been identified in the Contract Documents, (ii) OWNER.
ENGINEER and CONTRACTOR agree
sepa-
rately functioning and usable pan of the Work that can beused
by OWNER for its intended purpose without significant inter-
ference with CONTRACTOR's performance of the remainder
of the Work, may be ccomplisSd prior to Substantial Com-
pletion of all the Work subject to the following
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
rRACIOR agrees that such part of the Work is substao-
daily complete. CONTRACTOR will certify to OWNER
and ENGINEER that such part of -the Work is substan-
tially complete and request ENGINEER to issue a crib[
irate of Substantial Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a
certificate of Substantial Completion for that part of the
Work. Within a reasonable time after either such request.
OWNER. CONTRACTOR and ENGINEER shall make
an inspection of that part of the Work to determine its
status of completion. If ENGINEER does not consider
that part of the Work to be substantially compkue. ENGI-
NEER will notify OWNER and CONTRACTOR in writ-
ing giving the reasons therefor. if ENGINEER considers
that part of the Work to be substantially complete. the
provisions of paragraphs 14.8 and 14.9 will apply with
respect to certification of Substantial Completion of that
part of the Work and the division of responsibility in
respect thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
Final lanpeedw
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
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particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as am necessary to complete such Work or
remedy such deficiencies.
Final Appficadotr for ?S.'
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered in
accordance with the Contract Documents all maintenance and
operating instructions, schedules, guarantees, Bonds, certifi-
cates or other evidence of insurance required by paragraph 5.4.
certificates of inspection, marked -up record documents (as
provided in paragraph 6.19) and other documents, CONTRAC-
TOR may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered)
by: (i) all documentation called for in the Contract Documents,
including but not limited to the evidence of insurance required
by subparagraph 5.4.13, (u) consent of the surty, if any, to final
payment, and (vii) complete and legally effective releases or
waivers (satisfactory to OWNER) of all Liens arising out of or
filed in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER. CONTRAC-
TOR may furnish receipts or releases in full and an affidavit of
CONTRACTOR that: (i) the releases and receipts include all
labor, services, material and equipment for which a Lien could
be filed, and (ii) all payrolls, material and equipment bills and
other indebtedness connected with the Workforwhich OWNER
or OWNER's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
CONTRACTOR majfunnish a Bond or other collateral satis-
factory to OWNER to indemnify OWNER against any Lien.
Final PayiMm and Acceptance:
14.13. If. on the basis of ENGINEER's observation of the
Work during construction and final inspection, and ENGI-
NEER's review of the final Application for Payment and
accompanying documentation as required by the Contract
Documents. ENGINEER is satisfied that the Work has been
completed and CONTRAL'IOR's other obligations under the
Contract Documents have been fulfilled. ENGINEER will.
within ten days after receipt of the final Application for
Payment, indicate in writing ENGINEER's recommendation
of payment and present the Application to OWNER for pay-
ment. At the same time ENGINEER will also give written
notice to OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions of paragraph 14.15. Oth-
erwise, ENGINEER will return the Application to CON-
TRACTOR, indicating in writing the reasons for refusing to
recommend final payment, in which case CONTRACTOR shall
make the necessary corrections and resubmit the Application.
Thirty days after the presentation to OWNER of the Applica-
tion and accompanying documentation, in appropriate form
and substance and with ENGINEER's recommendation and
notice of acceptability, the amount recommended by ENGI-
NEER will become due and will be paid by OWNER to
a ri._ytf
14.14. If, through no fault of CONTRACTOR, final com-
pletion of the Work is significantly delayed and if ENGINEER.
so confirms. OWNER shall, upon receipt of CONTRACTOR's
final Application for Payment and recommendation of ENGI-
NEER, and without terminating the Agreement, make pay-
ment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by
OWNER for Work not fully completed or corrected is less than
the retainage stipulated in the Agreement, and if Bonds have
been furnished as required in paragraph 5.1. the written con-
sent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the Appli-
cation for such payment. Such payment shall be made under
the terns and conditions governing final payment, except that
it shall not constitute a waiver of claims.
Waiver of Cloimr:
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from unsettled Liens,
from defective Work appearing after final inspection pursu-
ant to paragraph 14.11, from failure to comply with the
Contract Documents or the terms of any special guarantees
specified therein, or from CONTRACTOR's continuing ob-
ligations under the Contract Documents; and
14.15.2. a waiver of all claims byCONTRACIORagainst
OWNER other than those previously made in writing and
still unsettled.
ARTICLE 15 —SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend War*.
15.1. At any time and without cause. OWNER may sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an adjustment in the
Contract Price or an extension of the Contract Times, or both.
directly attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles 1$
and 12.
OWNER May Temrfnau:
15.2. Upon the occurrence of any one or more of the
following events:
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15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents (in-
cluding, but not limited to, failure to supply sufficient skilled
workers or suitable materials or equipment or failure to
adhere to the progress schedule established under paragraph
2.9 as adjusted from time to time pursuant to paragraph 6.6):
15.2.2. if CONTRACTOR disregards Laws or Regula-
tions of any public body having jurisdiction;
15.2.2. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any sub-
stantial way any provisions of the Contract Documents;
OWNER may, after giving CONTRACTOR (and the surety.
if any.) seven days' written notice and to the extent permit-
ted by Laws and Regulations, terminate the services of
CONTRACTOR, exclude CONTRACTOR from the site and
take possession of the Work and of all CONTRACTOR'S
tools, appliances, construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all materi-
als and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere,
and finish the Work as OWNER may deem expedient. In
such case CONTRACTOR shall not be entitled to receive
any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of or
resulting from completing the Work such excess will be paid
to CONTRACTOR. If such claims, costs, losses and dam-
ages exceed such unpaid balance. CONTRACTOR shall pay
the difference to OWNER. Such claims, costs. losses and
damages incurred by OWNER will be reviewed by ENGI-
NEER as to their reasonableness and when so approved by
ENGINEER incorporated in a Change Order. provided that
when exercising any rights or remedies under this paragraph
OWNER shall not be required to obtain the lowest price for
the Work performed.
15.3. Where CONTRACTOR's services have been so ter-
minated by OWNER, the termination will not affect any rights
or remedies of OWNER against CONTRACTOR then existing
or which may thereafter accrete. Any retention or payment of
moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRACTOR
and ENGINEER. OWNER may. without cause and without
prejudice to any other right or remedy of OWNER. elect to
terminate the Agreement. In such case. CONTRACTOR shall
be paid (without duplication of any items):
15.4.1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the effec-
tive date of termination, including fair and reasonable sums
for overhead and profit on such Work;
15.4.2. for expenses sustained prior to the effective dace
of termination in performing services and furnishing laboc
materials or equipment as required by the Contract Docu-
ments in connection with uncompleted Work, plus fair and
reasonable sums for overhead and profit on such expenses;
15.4.3. for all claims. costs, losses and damages incurred
in settlement of terminated contracts with Subcontractors.
Suppliers and others; and
15.4.4. for reasonable expenses directly attributable to
termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss arising
out of or resulting from such termination.
CONTRAC70R May Sssp Wort ar Tearotasr
15.5. If. through no act or fault of CONTRACTOR. the
Work is suspended fora period of more than ninety days by
OWNER or under an order of court or other public author-
ity. or ENGINEER fails to act on any Application for
Payment within thirty days after it is submitted or OWNER
fails for thirty days to pay CONTRACTOR any sum finally
determined to be due, then CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER.
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminate the Agree-
ment and recover from OWNER paynfent on the same terms
as provided in paragraph 15.4. In lieu of terminating the
Agreement and without prejudice to any other right or
remedy, if ENGINEER has failed to act on an Application
for Payment within thirty days after it is submitted, or
OWNER has failed for thirty days to pay CONTRACTOR
any sum finally determined to be due. CONTRACTOR may
upon seven day's written notice to OWNER and ENGI-
NEER stop the Work until payment of all such amounts due
CONTRACTOR. including interest thereon. The provisions
of this paragraph 15.5 are not intended to preclude CON-
TRACTOR from making claim under Articles II and 12 for
an increase in Contract Price or Contract Times or otherwise
for expenses or damage directly attributable to CONTRAC-
TOR's stopping Work as permitted by this paragraph.
ARTICLE 16 —DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR have
agreed on the method and procedure for resolving disputes
between them that may arise under this Agreement, such
dispute resolution method and procedure. if any, aSH be as set
forth in Exhibit GC -A. "Dispute Resolution Areement," to be
attached hereto and made a part hereof. If no such agreement
on the method and procedure for resolving such disputes has
been reached, and subject to the provisions of paragraphs 9.10,
9.11, and 9.12, OWNER and CONTRACTOR may exercise
41
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such rights or remedies as either may otherwise have under the
Conte ct Documents or by Laws or Regulations in respect of
any dispute.
ARTICLE 17 —MISCELLANEOUS
Girug Nedw:
P.I. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid, to the last business address
known to the giver of the notice.
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. lithe last day
of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
17.2.2. A calendar day of twenty{our hours measured
from midnight to the next midnight will constitute a day.
Nosier gfCidaa:
17.3. Should OWNER or CONTRACTOR suffer injury or
damage to person or property because of any error, omission or
act of the other party or of any of the other party's employees
or agents or others for whose acts the other party is legally
liable, claim will be made in writing to the other party within a
reasonable time of the first observance of such injury or
damage. The provisions of this paragraph 17.3 shall not be
construed as a substitute for or a waiver of the provisions of
any applicable statute of limitations or repose.
Caaral in Remedies:
17.4. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder to
the parties hereto, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon CON-
TRACTOR by paragraphs 6.12. 6.16, 6.30, 6.31. 6.32, 13.1,
13.12, 13.14. 14.3 and 15.2 and all of the rights and remedies
available to OWNER and ENGINEER thereunder, are in
addition to, and are not to be construed in any way as a
limitation of, any rights and remedies available to any or all of
them which are otherwise imposed or available by Laws or
Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of
this paragraph will be as effective as if repeated specifically in
the Contract Documents in connection with each particular
duty, obligation, right and remedy to which they apply.
17.5. Whenever reference is made to "claims, costs, losses
and damages." it shall include in each case, but not be limited
to, all fees and charges of engineers, architects. attorneys and
other professionals and all court or arbitration or other dispute
resolution costs.
IThe remainder of this page was left blank intentionally.]
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SECTION 00800
SUPPLEMENT :'C THE GENERAL, CONDITIONS
Ii The following Supplementary Conditions amend or supplement the
Standard Genera-, Conditions of the Construction. Contract (EJCDC
No. 1910-8, 1990 Edition) and other provisions of the Contract
Documents
as indicated
below.
All provisions
which are not so
O
amended
or
supplemented
rema_n
:n full force and
effect.
SC -1 DEFIN:T:oNs AND ABBREVIATIONS:
In addition to the provisions of Article 1, the following
supplemental definitions apply:
A. "Owner" shall mean the City of Fayetteville, Arkansas,
acting thorough its duly authorized representatives.
Address - City of Fayetteville, 113 West Mountain,
Fayetteville, AR %2%0'_.
B. "Engineer" shall mean the City of Fayetteville
Engineering Division (telephone 531-575-82C6)
Note: "OWNER", "ENG=NEER" and "OWNER and ENGINEER"
may be used interchangeably.
C. "Resident Project Representative" shall be the
authorized representative of the "Engineer".
D. "Surety" or "sureties" shall mean the bondsmen or
party or parties who have made the fulfil=ment of
the contract by bonds, and whose signatures are
attached to such bonds.
E. "Advertisement" shall mean the a__ legal publications
pertaining to the work of this contract.
F. "Plans" shall mean, collectively, all of the drawings
pertaining to the contract and made a part thereof, and
also such supplementary drawings as the Engineer may
issue from time to time in order to clarify the
drawings, or for the purpose of showing changes in the
' work as authorized under the section "Modifications and
Alterations," or for the showing of details which are
not shown thereon.
r,. "Grade" as used in these specifications shall mean and
00800-1
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indicate the established elevations of the paving, flow 1
lines of sewers and other appurtenances as shown on the
plans on file in the Engineer's office.
H. Whenever the following abbreviations are used, they
shall have the corresponding meaning as shown below:
AASHTO - American Association of State Highway Officials
ACI - American Concrete Institute
AGA - American Gas Association
AHTD - Arkansas Highway and Transportation Department
ASHTD - Arkansas Highway and Transportation Department
AISC - American Institute of Steel Construction
ANSI - American National Standards Institute
APA - American Plywood Association
ASA - American Standards Association a
ASTM - American Society for Testing Materials
AWG - American Wire Gage
AWPA - American Wood Products Association
AWS - American Welding Society
AWWA - American Water Works Association
GSA - General Services Administration, U.S. Government
NHBA - National Builders Hardware Association
NEC - National Electric Code
NEMA - National Electric Manufactures Association
NFPA - National Fire Protection Association V�'
NPT - National Pipe thread
SBC - Standard Building Code (also SSBC)
SPA - Southern Products Association
UL - Underwriters Laboratories
A - Ampere
cfm - cubic feet per minute
CGMP - corrugated galvanized metal pipe
DIP - ductile iron pipe
gpm - gallons per minute
Hp - horsepower
MGD - million gallons per day
N.C. - normally closed
N.O. - normally open
ppm - parts per million J
psi - pounds per square inch
PVC - polyvinyl chloride (pipe)
R - motor starter relay
RCP - reinforced concrete pipe
rpm - revolutions per minute
T.D. - time delay
TDH - total dynamic head
V - volt
00800-2
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I. "Standard Specifications" as used ir. these
Specifications shall mean the Standard Specification
I for Highway Construction prepared by the Arkansas State
Highway and Transportation Department, Edition of 1993.
"Standard Drawings" as used in these specifications
shall mean the Standard Drawings as prepared by the
Arkansas State Highway and Transportation Department.
SC -2 PRELIMINARY MATTERS:
Add the fol;owirig to immediately follow paragraph 2.2 of the
General Conditions.
SC -2.2 COPIES OF DOCUMENTS:
IA. Article 2.2 of the General Ccnditons shall be amended to
read that Not less than five (5) bcund copies of the
proposal, contract, and stipulations shall be prepared
and submitted to the OWNER for execution, each
containing an exact ccpy cf the CONTRACTOR'S proposal as
submitted, the Bcnd cr Bcnds properly executed and the
Contract signed by both parties thereto. However, the
CONTRACTOR and the surety executing the bond shall not
date the contract or the bond upon submission to the
OWNER. These documents will be dated the date the OWNER
executes the contract.
•1 B. OWNER shall furnish to CONTRACTOR up to two f2; copies
of the contract documents as are reasonably necessary
for the execution of the work. Additicnal copies will
be furnished, upon request, at the ccst cf reproduction.
' SC -2.' FURNISHING CF INSURANCE DATA:
Delete a-- references tc CWN}:R supplied and OWNER delivered
insurance.
SC -5 BONDS AND INSJRANCE:
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SC -5.1 PERFORMANCE PAYMENT AND OTHER BCNDS:
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00800-3
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Add the following new paragraphs immediately after paragraph 5.1 1
of the General Conditions which reads as follows:
SC -5.1.1 RESIDENT AGENT:
A. The CONTRACTOR shall furnish performance and payment
bonds as provided for by Article 5 of the General
Conditions executed by a resident local agent who is
licensed by the Arkansas State Insurance Commissioner
to represent the surety company executing said bonds,
and filing with such bonds his power -of -attorney. The
mere countersigning of the bonds by a resident agent
shall not be sufficient. No employers' liability, '
public liability or workmen's collective insurance
policy shall be written in any casualty company not
authorized to do business in the State of Arkansas.
These policies shall likewise be issued by a resident
local agent licensed by the Insurance Commission of the
State of Arkansas.
SC -5.1.2 ADDITIONAL INFORMATION:
A. The Contractor shall provide the bonds as described in
these sections within ten (10) days after the receipt of
the NOTICE OF AWARD.
B. For contracts in excess of $100,000.00 the bonds shall
be issued by a bonding company listed by the A.M. BEST
Rating Book as follows:
(1) contracts in excess of $100,000.00, but less than
$1,000,000.00. "B+" rating or higher and contract
amount may not exceed 2.0% of the policyholder's
surplus.
(2) contracts in excess of $1,000,000.00 - "A" rating
or higher and contracts may not exceed 2.0% of the
policyholder's surplus.
C. The expense of all bonds shall be borne by the
CONTRACTOR.
SC -5.2 Delete paragraph 5.2 of the General Conditions in its
entirety and replace with the following new paragraph 5.2:
SC -5.2 SURETY OF BONDS
A. If at any time a surety on any such bond is declared I
00800-4 I
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bankrupt or loses its right to do business in the State
of Arkansas or is removed from the above list of surety
companies, the CONTRACTOR shall within ten (10; days
after notice from the bond company that conditions are
as described in this sentence and/or after notice from
the OWNER to do so, substitute an acceptable bond or
bonds in sucri form and sum and signed by other surety
cr sureties as may he satisfactory to the OWNER. The
premiums on such bonds shall be paid by the CONTRACTOR.
No further payment shall be deemed due nor shall be made
until the new surety or sureties shall have furnished an
acceptable bond to the OWNER.
SC -5.3
INSURANCE:
LICENSE SURETIES
AND INSURERS;
CERTIFICATES CF
SC -5.3.1
paragraph
Add the following
5.3.1 of the General
new paragraph
Conditions which
immediately after
reads as follows:
A. The CONTRACTOR shall furnish performance and payment
bonds as provided for by Article 5 of the General
Conditions executed by a resident local agent who is
licensed by the Arkansas State Insurance Commissioner
to represent the surety company executing said bonds,
and filing with such bonds his power -of -attorney. The
mere countersign'-ng of the bonds by a resident agent
shall not be sufficient. No employers' liability,
public liability or workmen's collective insurance
policy shall be written in any casualty company not
authorized to do business in the State of Arkansas.
These policies shall likewise be issued by a resident
local agent licensed by the Insurance Coamission of the
State of Arkansas.
SC -5.3.2 :;elete the second sentence of paragraph 5.3.2 ("OWNER
shall deliver to Cortracto=. . .") in its entirety.
SC -5.4 CONTRACTOR'S ABILITY INSURANCE:
Add the following paragraphs immediately after the respective
paragraphs contained in paragraph 5.4 of the General Conditions:
SC -5.4.14:
IA. The limits for liability for the insurance required by
paragraph 5.4 of the General Conditions shall provide
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00800-5
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coverage for not less than the following amounts or the ,
greater where required by law:
1. Workers Compensation:
a) State: Statutory
b) Applicable Federal: Statutory
c) Employer's Liability: $100,000.00 each
occurrence
2. Comprehensive General Liability:
a) $1,000,000.00 Combined Single Limit
1). Policies will include premise/operations,
products, completed operations, independent
hazard, Broad Form contractual, personal
injury, with employment exclusion deleted
and broad form property damage.
3. Comprehensive Automobile Liability:
a) Bodily Injury:
1). $1,000,000.00 Each person
2). $2,000,000.00 Each occurrence '
b) Property Damage:
1). $500,000.00 Each occurrence '
or a combined single limit of
$2,000,000.00.
SC -5.5 OWNER'S LIABILITY INSURANCE:
Delete paragraph 5.5 of the General Conditions in its entirety
and insert the following in its place:
5.5 OWNER'S AND ENGINEER'S CONTINGENT PROTECTIVE LIABILITY
INSURANCE:
A. The CONTRACTOR shall indemnify and hold harmless the
OWNER and the ENGINEER and their agents and employees
from and against all losses and claims, demands,
payments, suits, actions, recoveries, judgements of
every nature and description brought or recovered
against them by reason of omission or act of the
CONTRACTOR, his agent(s), employees, subcontractor,
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anyone directly or indirectly employed by any of them cr
anyone for whose acts any of them may be liable, in the
execution of the Work or guarding of it. The CONTRACTOR
shall obtain in the name of the OWNER and ENGINEER
,either as co-insured cr by endorsement), and shall
maintain and pay the premiums for such insurance in an
amount not less that $2,CC0,000.00 for property damage
and bodily injury limits, and with such previsions as
shall protect the OWNER and ENGINEER from contingent
liability under this contract.
SC -5.6 PROPERTY INSURANCE:
Delete paragraph 5.6 of the General Conditions in its entirety
and insert the following in :ts place:
5.6 PROPERTY INSURANCE:
A. CONTRACTOR shall purchase and maintain until final
payment property insurance upon the Work at the site to
the full insurable value `_hereof ;subject to deductible
amounts as may be provided in. these Supplementary
Conditions or required by maws and Regulations) but not
less than an amount equal to the total bid price. This
insurance shall include the interest of OWNER,
CONTRACTOR, Subcontractors, ENGINEER and ENGINEER'S
consultants :n the Work (all of whom shall be listed as
insureded or additional insured parties), shall insure
against the perils of fire and extended coverage, shall
include "all -rusk" insurance for physical loss and
damage including theft, vandalism and malicious
mischief, collapse, flood, and water damage, and such
other perils as may be provided in these Supplementary
Conditions, and shall include damages, losses and
expenses arising out of or resulting from any insured
loss or incurred in the repair or replacement of any
insured property (including but not limited to the fees
and charges of engineers, architects, attorneys and
other professionals). if not covered under the "all
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risk" insurance or otherwise provided in these
Supplementary Conditions, CONTRACTOR shall purchase and
maintain similar property insurance on portions of the
Work stored on and off the site or in transit when such
portions of the Work are tc be included in an
application for payment. The polices of insurance
required tc be purchased and maintained by the
CONTRACTOR in accordance with this paragraph 5.6 will
contain a provision or endorsement that the coverage
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afforded will not be canceled or materially changed or
renewal refused until at least 30 days prior written
notice has been given to the OWNER by certified mail and
will contain wavier provisions in accordance with
General Condition paragraph 5.11.2.
SC -5.7 Delete paragraph 5.7 of the General Conditions in its
entirety and insert the following in its place:
SC -5.7 OTHER INSURANCE:
A. The CONTRACTOR is to protect the OWNER against all loss
during the course of the Contract. If, due to the
nature of the Project, insurance coverage other than
that specified is needed by the CONTRACTOR to protect
the OWNER against all losses, the CONTRACTOR shall be
responsible for the determination of and procurement of
any additional insurance needed.
SC -5.8 Delete paragraph 5.8 of the General Conditions in its
entirety and insert the following in its place:
SC -5.8 POLICY SPECIFICATIONS
A. Policies shall also specify that insurance provided by
CONTRACTOR will be considered primary and not
contributory to any other insurance available to the
OWNER or the ENGINEER.
B. All polices will provide for 30 days written notice
(certified mail shall be required) prior to any
cancellation or non -renewal of insurance policies
required under the Contract. Any such wording as
"will endeavor" or "but failure to mail such notice
shall impose no obligation or liability of any kind
upon the Company..." shall be deleted from the
certificates.
SC -5.10 Delete paragraph 5.10 of the General Conditions in its
entirety.
SC -5.12 Receipt and Application of Proceeds. Delete paragraph
5.12 of the General Conditions in its entirety.
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for Final Payment in accordance with Article 14.13,
' Final Payment aria Acceptance, or the date of Substantial
Completion as specified in Article 14.8.
•' C. The Contractor shall make a:l repairs or replacements
pronptly upon receipt of written order for the repairs
or replacenents from the Cwner. If the Contractor fails
' to make the repairs or replacements promptly, the Owner
may perform the work and the Contractor and the
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SC -5.13 Delete paragraph 5.13 of the General Conditions in its
entirety.
SC -6 - CONTRACTOR'S P.ESFONSIBILITIES:
Add a new paragraph 6.6.3. immediately following paragraph 6.6.2
which sha_i read:
SC -6.6 - PROGRESS SCHFD;;LES:
A. Pupdated schedule, in the format specified in the
Technical Specifications, shall be required with each
submittal for progress payment by the CONTRACTOR.
Failure to provide an accurate schedule land/cr updated
schedule) shall be reason for OWNER tc refuse progress
payment to "'D' I'D
SC -6.30 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE:
Add a new paragraph 6.30.3 immediately following paragraph 6.30.2
which shall read:
SC -6.30.3 - ONE YEAR WARRANTY:
A. For a period of one year, or longer if specified by
special guarantees or by law, the Contractor shall
at the Contractor's expense make all repairs and
replacements necessitated by defects in the materials,
workmanship or prosecution of the Work supplied under
this contract, and pay for any damage to other works or
property resulting from such defects. The Contractor
shall hold the Cwner and Engineer harmless from any
liability of any kind arising from said defects.
B. The effective date for the beginning of the one year
warranty period will be as decided by the Engineer and
will be either the date of the Engineer's recommendation
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Contractor's Surety shall be liable for all costs
thereof.
SC -7 OTHER WORK:
Add a new paragraph immediately after paragraph
General Conditions which shall read as follows:
SC -7.5 SEPARATE CONTRACTOR CLAIM:
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7.4 of the '
A. Should CONTRACTOR cause damage to the Work or property
of any separate contractor (or separate party) at the
site, or should any claim arising out of CONTRACTOR'S
performance of the work at the site be made by any
separate contractor (or separate party) against
CONTRACTOR, OWNER or ENGINEER, or any such person,
CONTRACTOR shall promptly attempt to settle with such
other separate contractor (or separate party) by
agreement or otherwise resolve the dispute by
arbitration or at law. CONTRACTOR shall, to the
fullest extent permitted by Laws and Regulations,
indemnify and hold OWNER and ENGINEER harmless from
and against all claims, damages, losses and expenses
(including, but not limited to, fees and charges of
engineers, architects, attorneys and other professionals
and court and arbitration costs) arising directly,
indirectly or consequentially out of any action, legal
or equitable, brought by any separate contractor (or
separate party) against OWNER or ENGINEER to the extent
based on a claim arising out of CONTRACTOR'S performance
of the Work. Should a separate contractor (or separate
party) cause damage to the Work or property of
CONTRACTOR or should the performance of Work by any
separate contractor (or separate party) at the site give
rise to any other claim, CONTRACTOR shall not institute
any action, legal or equitable, against OWNER or
ENGINEER or permit any action against them to be
maintained and continued in CONTRACTOR'S name for
benefit in any court or before any arbitrator which
seeks to impose liability on, or recover damages from
OWNER or ENGINEER on account of such damage or claim.
If CONTRACTOR is delayed at any time in performing or
furnishing Work by any act or neglect of a separate
contractor (or separate party) and OWNER and CONTRACTOR
are unable to agree as to the extent of any adjustment
in Contract Time attributable thereof, CONTRACTOR may
make a claim for an Extension of Time in accordance with
Article 12 of the General Conditions. An extension of
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the Ccntract Time shat: be the CONTRACTOR'S exclusive
remedy with respect to OWNER and ENGINEER for any delay,
disruption, interference Cr hindrance caused by any
separate contractor (cr separate party). This paragraph
does not prevent recovery from OWNER or ENGINEER for
activ'.t'es that are their respective contractual
responsibilities.
SC -8.5 - Celete paragraph B.L. of the General Conditions in it's
entirety.
SC -1C CHANGES IN THE WORK:
Add
a new paragraph IC.6
immediately following paragraph 10.5 of
the
General Cosa ditions
to
read:
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SC -10.6 IjIM'TS OF AUTHOR_^._':
A. CCNTRACTOR shall note and abide by the following OWNER'S
and ENG:NEER'S limits of authority for changes Ira the
Work which require a change ir. the Contract Price and
Contract time.
B. Except in the case of extreme emergency to protect
public safety, public welfare or substantial Work, the
following limits of Authority to the CWNER and ENGINEER
shall apply:
:}. Engineer's Representative - Nc authority
2). City Engineer - $5,000.00.
3'. Public Works :irectcr - $1C,CCC.CC
4). Mayor - $20,000.00 (Accumulative).
C. All accum;a ative changes which result in Contract Price
changes in excess of $20,OO0.00 shall require the forma
apprcva c`_ the Fayetteville City Counci_.
SC-il CHANGE OF CONTRACT PRICE:
SC -11.9 UNIT PRICE WORK:
Paragraph :_.9.3
of
the General
Conditions is
hereby
deleted in
' its entirety
and
the
following
is substituted
in its
place:
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A. The unit price of an item of Unit Price Work shall be
subject to reevaluation and adjustment under the
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following conditions: ,
1). If the total cost of a particular item of Unit '
Price Work amounts to 25 percent or more of the
Contract Price and the variation of the quantity
of that particular item of Unit Price Work
performed by CONTRACTOR differs by more than 25 '
percent from the estimated quantity of such item
indicated in the Agreement; and:
2). If there is no corresponding adjustment with
respect to any other item of Work; and:
3). If CONTRACTOR believes that it has incurred ,
additional expense as a result thereof; or:
4). If OWNER believes that the quantity variation ,
entitles OWNER to an adjustment in unit price;
then:
5). Either OWNER or CONTRACTOR may make a claim for an
adjustment in the Contract Price in accordance
with Article 11 of the General Conditions if the
parties are unable to agree as to the effect(s)
of any such variations in the quantity of Unit
Price Work performed.
SC -13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE
OF DEFECTIVE WORK:
SC -13.3 TESTS AND INSPECTIONS: '
Paragraph 13.3 of the General Conditions is hereby deleted in its
entirety and the following is substituted in its place:
A. CONTRACTOR shall give the ENGINEER proper notification
as detailed below and cooperate with the testing and
inspection of the Work.
1). All tests require a minimum notice of 24 hours.
The 24 hours is a minimum only, the exact time
for testing and required inspections shall be
determined by the Engineer.
2). All field tests required for a project shall be
witnessed by the City Engineering Division
representatives in the presence of the ENGINEER
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and CONTRACTOR, or their approved representatives.
SC -13.4 Paragraph ;3.4 of the General Conditions is hereby
deleted in its entirety and the following substituted in its
place:
A. CONTRACTOR shall emp]oy and pay for the services cf an
independent testing laboratory to perform all tests as
required by the Contract. Documents. CONTRACTOR shall be
responsible for the cost of all equipment, materials,
labor, testing procedures and lab work fcr all tests as
outlined in these specifications. ENGINEER shall have
the right to approve or reject CONTRACTOR'S proposed lab
based upon sound Engineering pr:nciples. Ccpies of all
testing reports must be forwarded directly to the
Engineer by the testing laboratory.
B. OWNER shall provide all inspection services required by
the Contract Documents and ncrmally associated with the
diligent progress of the Work (Except as detailed in
paragraphs 13.4.1,2,3.) Prior to final acceptance by
OWNER, the project shall be subject to a final
inspection by designated representatives of the OWNER
and CONTRACTOR.
' ARTICLE 14 PAYMENT TO CONTRACTOR AND CCMPLETION:
SC -14.2 APPLICATION FOR PROGRESS PAYMENT:
Paragraph 14.2 of the General Conditions is hereby deleted in its
entirety and the following substituted in its place:
IA. Monthly estimates will he prepared to include al. work
accomplished for the period ending the third Friday of
each month; or:
B. Progress payments will be prepared at regular intervals,
as scheduled by joint consent of the CCNTRACTOR and the
ENGINEER at the pre -construction conference.
C. The ENGINEER, based upon data gathered during the
construction process, will make an estimate of the
• value of the Work done and materials furnished in
• place during the previous estimate period. The
CONTRACTOR shall furnish to the ENGINEER such
'• detailed infcrir�aticn including invoices from material
suppliers as the ENGINEER may request to aid in the
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preparation of the progress payment estimate. All '
payment requests are subject to retainage as determined
by the ENGINEER. Retainage shall be 10% of said
estimate until 50% of the work has been fully completed.
At 50% completion, further partial payments shall be
made to the contractor in full with no additional '
retainage unless the ENGINEER determines that the
project is not progressing satisfactory, in which case
additional retainage may be retained to a maximum of
10%. When the work is substantially completed, any
retained amount may be paid to the contractor except the
OWNER shall retain an amount sufficient to cover any
work not yet completed. The release of retainage will
be determined by the ENGINEER. If the OWNER or ENGINEER
shall at any time fail to make the CONTRACTOR a monthly
estimate at the time herein specified, such failure
shall not be held to violate or void the Contract.
Note, the failure of the Contractor to provide an
accurate and current schedule update shall be reason to ,
reject CONTRACTOR'S request for progress payment.
SC -14.4 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT:
Delete the last sentence of paragraph 14.4 of the General
Conditions and replace with the following: '
A. After the required internal reviews and processing by
the City of Fayetteville, the City will diligently
proceed to make payment to the contractor, in accordance
with the approved payment request, within 30 days. All
efforts will be made to make payments within the 30 day
period, but the City cannot guarantee the 30 days
maximum time.
END OF DOCUMENT ,
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SECTION CC860
lj: ST r1. CDRAWINGS
STREET, STORM DRAINAGE, WATER AND SEWER IMPROVEMENTS
TOWNSHIP ROAD EXTENSION PROJECT
A Public Works Capita- Improvement Prc'ect
City of F'ayettev_ile, Arkansas
Prepared By Development Consultants, LLC
l9%0 East Joyce Boulevard, Suite 1
Fayetteville, Arkansas
July 1995
' Cover Sheet & Vicinity Map
I Township Road Extension Roadway Plan & Profile
2 Township Road Extension Roadway Sections Sta 0+00 to 2+80
S township Rcad Extensicn Roadway Sections Sta 3+20 to 6-80
4 Township Rcad Extension Roadway Sections Sta +20 to 8-62
5 Paveir.ent. Marking and Concrete Jointing Plan
' 6 Street and Storm Drainage Standard Details
Water and Sanitary Sewer Plan
8 Sanitary Sewer Main Plan and Profile
9 Domestic Water and Sanitary Sewer Standard Details
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SECTION 01010 '
SUMMARY OF WORK:
1. SCOPE OF WORK:
A. The work shall be as shown upon the contract drawings
and defined within the contract specifications, and
shall include the furnishing of all materials,_
equipment, tools, supplies, plant, labor and others
as necessary in the construction of work generally as
follows:
Street, Drainage, Water and Sewer Improvements
Township Road Extension Project
Fayetteville, Arkansas
B. No attempt has been made to segregate work to be
performed by any trade or subcontract. Any segregation
between the trades or crafts will be solely a matter for
agreement between the Contractor, subcontractor, and
their respective employees.
C. The Specifications as a whole will govern the
construction of the entire work. The applicable
provisions will govern work to be performed under each
schedule.
2. SEQUENCE OF THE WORK AND CONTRACT TIME:
A. After the contract bonds and certificates of insurance
have been delivered to the Owner, and the contract has
been executed, the Engineer will issue a Notice To
Proceed in accordance with the General Specifications
which shall designate the date the contract will
commence.
B. The Contractor shall complete the project within 180
calendar days from the date specified in the Notice
To Proceed.
C. Additionally, the Contractor shall be responsible to
submit a schedule of construction, in accordance with
the General and Supplemental Specifications.
D. The Owner may require the Contractor to add to his
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plant, equipment, or construction forces, as well
as increase the working hours, if operations fall behind
the approved schedule to an extent that the completion
of the work within the specified time appears doubt`_ul.
E. If conditions beyond the control of the Contractor
justify, and the Contracting Authority approves an
extension of contract time, the Contractor shall revise
the censtructicn schedule in accordance with the
approved extensicn.
3. SBMITTALS:
A. The fc,llowina submittals shall be required for this
' specific project:
_) Shop drawings for all reinforcing steel.
2) :Manufacturer's data for traffic signal equipment.
3; Aggregate, Paving and Ccncrete Mix designs to be
used on the project.
5: Schedules as ncted below.
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4. nC:3 •JJ L...u.
A. Before work is started, and in accordance with the
General and Supplemental Conditions, the Contractor
under each schedule shall prepare a detailed schedule
' of all construction operations that shall nct only
ndicate the sequence of the work, but also the time of
starting and completion of each part. The schedule
' shall be submitted tc the Engineer for his approval.
B. For projects with a total estimated costs of up to
• ' $1 CC."C the Contractor may submit a schedules; based
upon bar charts, narrative or Critical Path Network
Diagram.
C. For Projects with a total estimated costs in excess of
$100,000.00 ;.he Contractor shat_ submit the schedule(s)
in the form of a Cr:t_ca= Path Method (CPM) Network
Diagram.
D. The contractor shall also be required to submit an
updated version of the schedule(s) with each submission
of a periodic payment request.
C1C1C-2
5. LANDS AND RIGHTS OF WAYS: I
A. The necessary rights -of -way and easements for the
project and to carry out the work along the project will
be provided by the City of Fayetteville. Copies of the
proposed right of way and temporary construction
easements are included as Appendix "B". The Contractor
will be advised of all acquired right-of-way and
temporary construction easements, should they vary from
those attached. The Contractor shall confine his
construction operations to the immediate vicinity of the
locations shown on the plans and shall use due care in
placing construction tools, equipment, excavated
materials, and pipeline materials and supplies, so as to
cause the least possible damage to property and
interference with traffic. The placing of such tools,
equipment, and materials shall be subject to the
approval of the Engineer. The City of Fayetteville will
not be responsible for haul road to and from the right-
of-way.
B. The Contractor shall be responsible for all damage to
all property outside of the rights -of -way and easements,
and shall make satisfactory settlement for the damage
directly with the property owner and tenant involved, a:
their interests may require.
C. All work performed, and all operations of the
Contractor, his employees, or his subcontractors, within
the limits of railroad and highway rights -of -way shall
be in conformity with the requirements, and be under the
control (with the City of Fayetteville), of the railroad
or highway authority owning or having jurisdiction over
and control of, the right-of-way in each case.
D. All existing fences which interfere with the
construction operations shall be maintained by the
Contractor until the completion of the work affected
thereby, unless written permission is obtained from the
City of Fayetteville thereof to leave an interfering
fence dismantled for an agreed period of time. Where
fences must be maintained across the right-of-way,
adequate gates shall be installed therein. Gates shall
be kept closed and locked at all times when not in use,
with duplicate keys furnished to the Engineer.
E. Upon completion of the work across any tract of land,
the Contractor shall restore all fences to their
original or to a better condition and quality,
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' purchasing new material and replace all materials lost,
damaged, cr destroyed. Temporary gates installed by the
Contractor in any fence line nay be left in place with
the permission of the property owner and tenant of the
property. All materials used in fence repairs or
replacements shall be approved by the Engineer.
6. PROTECTION AND MAINTENANCE OF PUBLIC AND PRIVATE PROPERTY:
IA. The Contractor shall protect, shore, brace, support, and
maintain all underground constructions uncovered or
otherwise affected by the construction work performed by
Shim. All pavement, surfacing, driveways, curbs, walks,
buildings, utility poles, guy wires, and other surface
structures affected by construction operations in
' connection with the performance of the Contract,
together with all sod and shrubs in yards and parking
removed cr otherwise damaged, shall be restored to their
' original condition as determined and approved by the
Engineer. All replacements shall be made with new
materials. The Contractor shall be responsible for all
' damage to streets, roads, highways, shoulders, ditches,
embankments, culverts, bridges, or other public cr
private property or facility, regardless of location of
character, which nay be caused by moving, hauling, or
otherwise transporting equipment, materials, or men to
or from the work or any part or site thereof, whether by
him or his subcontractors. The Contractor shall make
' satisfactory and acceptable arrangements with the owner
of, or the agency or authority having jurisdiction over,
the damaged property cr facility concerning its repair
' or replacement ci payment of costs incurred in
connection with said damage.
• B. All fire hydrants and water control valves shall be kept
free from obstruction and available for use at all
times.
7. MAINTENANCE CF TRAFFIC:
A. The Contractor shall conduct his work so as to interfere
as little as possible with public travel, whether
vehicular or pedestrian. Whenever it is necessary to
cross, obstruct, or close roads, driveways, and walks,
whether public or private, the Contractor shall at his
own expense provide and maintain suitable and safe
• bridges, detours, or other temporary expedients for the
accommodation of public and private travel, and shall
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give reasonable notice to Owner of private drives 1
(minimum of 48 hours, one week suggested) before
interfering with them; provided, however, that such
maintenance of traffic at any designated point thereon
and for the duration of whatever period of time as may
be agreed upon.
B. In making open cut street crossings, the Contractor
shall not block more than one-half of the street at a
time. Wherever possible, the Contractor shall widen the
shoulder on the opposite side to facilitate traffic
flow. Temporary surfacing shall be provided as
necessary on shoulders. It shall be the responsibility
of the Contractor to provide a minimum of 72 hours
advance notice to the Engineer, Traffic Department,
Police and Fire department prior to cutting or blocking
any public street or roadway.
C. At the time of the preconstruction conference, the
contractor shall provide to the Engineer a detailed
traffic control plan indicating detour routing, signage
and other traffic control features. Traffic control ,
shall conform to AHTD Standard Drawings and the Manual
on Uniform Traffic Control Devices.
8. UNDERGROUND INSTALLATIONS AND STRUCTURES:
A. Unless noted otherwise on the plan documents, pipelines
and other existing underground installations and
structures in the vicinity of the work to be done
hereunder are indicated on the plans according to the
best information available to the Engineer. The
Engineer and Owner does not guarantee to accuracy of
such information. House sewer connections, water and
gas services, and other utility lines may not be
indicated on the plans. The Contractor shall make every
effort to locate all underground pipelines, conduits,
and structures by contacting owner of underground
utilities and by prospection in advance of trench
excavation. The moving of planned improvements to avoid
conflict with existing pipelines and other existing
,
installations and structures in the vicinity of the work
to be done for the convenience of the Contractor shall
be accomplished at no additional cost to the Owner. 1
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9. L:NES AND GRADES:
A. All work shall be done to the lines, grades, and
elevations shown on the plans. The Contractor shall
keep the Engineer informed, a reasonable time in
advance, of the times and places at which he wishes to
work, so that reference points in accordance with
General Conditions Article 4.4 may be established,
and/or, measurement for record and payment may be made
' with minimum inconvenience to the Engineer and m:n:mum
delay to the Contractor.
' B. The Contractor shall `furnish competent men from his
force and such tools, stakes, and other nater:als as may
be required for staking and construction layout. The
Contractor will not proceed with the work unless there
is an accurate grade stake at a maximum distance of 50
feet. Any restakirg or other field layout work required
' `from. loss c`_ stakes shall be the sole responsibrlity of the Contractor.
C. Any work done without being properly located on grade or
off alignment, may be ordered removed by the Engineer
and replaced at the Contractor's expense.
10. PUBLIC NOTIFICATION:
A. The Contractor, on the basis of the schedule and
progress shall be required to notify all adjacent
property owners a minimum of 48 hours in advance of
' occupying, storing materials on, or performing work on
any right-of-way or easement.
B. :t shall be the responsibility of the Contractor to
provide a minimum of 72 hours advance notice to the
Engineer, Traffic Department, Police and Fire department
prior to cutting cr blocking any public street or
'roadway.
11. STORAGE OF MATERIALS:
A. in general, the Contractor shall be responsible for the
' all material furnished by him and shall replace at his
or. expense all such naterial found defective in
manufacture or damaged in handling. This shall include
the furnishing of all material and labor required for
the replacement of installed material discovered
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defective prior to final acceptance of the work. 1
B. The Contractor shall be responsible for the delivery and
distribution of materials at the site. The Contractor
shall be responsible for the safe storage of materials
furnished by or to him and accepted by him, and intended
for the work, until it has been incorporated into the
completed and accepted project. All materials shall be
stored in strict conformance to the manufacturer's
recommendations. '
C. Materials shall be stored so as to ensure the
preservation of their quality and fitness for the Work.
When directed by the Engineer, the materials shall be
placed upon a wooden platform or other hard clean
surfaces and not on the ground, and shall be placed
under cover when so directed. Stored materials shall
not be located so as to impede work or inspections.
D. Pipe and accessories shall be loaded and unloaded by ,
lifting with hoists or other equipment so as to avoid
shock and damage. Under no circumstances shall material
be dropped or dumped. Pipe handled on skidways shall '
not be skidded or rolled against pipe previously
unloaded onto the ground. In distributing pipe material
at the site, each piece shall be unloaded opposite or I
near the place it is to be laid in the trench. The
interior of all pipe, fittings and other accessories
shall be kept free from dirt and foreign material at all
times.
E. Pipe shall be so handled that the coating and lining
will not be damaged. However, if any part of the
coating or lining is damaged, the repair or replacement
shall be made at the Contractor's expense in a manner
satisfactory to the Engineer.
12. SATURDAY, SUNDAY, HOLIDAY AND NIGHT WORK: ,
Refer to paragraph 6.3 of the General Conditions.
A. All work shall be performed during the normal work hours
of the City of Fayetteville Engineering Office, 8:00
a.m. - 5:00 p.m., Monday through Friday. No overtime
work, no work on Saturday or Sunday, nor work on any
legal holiday will be permitted without specific written
pre -authorization by the Owner and Engineer. I
01010-7
13. MCN:HLY ESTIMATES AND PAYMENTS:
A. Refer to Article 1.4 of the General Conditions and the
associated Supplemental Conditions.
14. CONNECTIONS TO EX:sT:NG FACILITIES:
IA. Unless otherwise indicated or specified, the Contractor
shall provide for all necessary connections to existing
utilities such as water, sewer, telephone and electric.
In each case, the Contractcr shall receive permission
from utility owner prior to providing for connections.
Contractor shall protect facilities against deleterious
substances and damages.
B. Connecticns to existing facilities which are in service
shall be thoroughly planned in advance, and all required
equipment, materials and labor shall be on hand at the
time of undertaking the connections. Work shall proceed
continuous (around the clock) as necessary to complete
the connections in minimum time. Operation of valves or
other appurtenances on existing utilities, when
required, shall be by or under the direct supervision of
'the cwning utility.
C. All connections to the water and/or sewer fac:lities
• owned by the City of Fayetteville will be coordinated
• with the City cf Fayetteville's Engineering :ivision and
the Water/Sewer Department.
15. TEMPORARY FACILITIES:
A. Utilities:
' 1). All water, e:ectr_c.".y and other utility services
required by the Contractor for operation of
Contractor's pant or equipment, or for any other
1 use by the Contractor to conduct or to expedite the
wort: shall be provided by the Contractor at his
sole cost and expense. The Contractor shall
' arrange for service at his discretion from the
appropriate utility company, and shall assume
liability for all charges until the improvements
' have been accepted by the Owner. When applicable,
the Owner will request the transfer of the service
01010-8
I
on that date, and assume the liability for charges
incurred by the Owner from that date forward.
B. Sanitary Facilities: 1
1). The Contractor shall furnish temporary sanitary
facilities at the site for the needs of the
Construction workers and others performing work or
furnishing services on the project.
2). Sanitary facilities shall be of reasonable
capacity, properly maintained throughout the
construction period, and obscured from public view
to the greatest practical extent. If toilets of
the chemically -treated type are used, at least one
toilet will be furnished for each 20 workers. The
Contractor shall enforce the use of such sanitary
facilities by all personnel at the site.
16. OPERATION AND MAINTENANCE DATA AND MANUALS: ,
A. Adequate operation and maintenance information shall be
supplied to the Engineer for all equipment requiring
maintenance or other special attention. The equipment
supplier will prepare an operation and maintenance
manual for each type of equipment indicated herein.
Parts lists and operating and maintenance instructions
shall be furnished for all equipment.
17. TREE AND PLANT PROTECTION: ,
A. No trees or cultured plants shall be cut, trimmed or
removed unless clearly shown on the plans or marked by
the Engineer. All trees and other vegetation which is
so marked and must be removed to perform the work, shall
be removed and disposed of by the Contractor. No
on -site burning shall be permitted.
B. All protection of trees, trimming and repair of trees
and plants shall be performed by qualified nurserymen or
horticulturists in accordance with the City of
Fayetteville's Ordinance Chapter 162 "TREE PROTECTION
AND PRESERVATION".
18. SECURITY: '
A. The contractor shall be responsible for protection of
the site, and all work, materials, equipment and
existing facilities thereon against vandals and other
01010-9
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unauthorized persons. Security measures shall be at
least equal tc those usually provided by the Owner to
protect his existing facilities during normal operation,
but shall also include such additional security fencing,
lighting, barricades, watchman's services and other
measures as required to protect the site.
B. No claim shall be made against the Owner by reason of
any act of an employee or trespasser, and the Contractor
shall make good all damage to Owner's property resulting
from Contractor's failure to provide adequate security
measures.
19. SAFETY:
A. The Contractor is further notified and reminded cf the
presence cf pedestrians in the general vicinity of the
project.
B. The Contractor shall take all measures necessary and as
required by the General Conditions (Article 6; to
protect the General Public, animals and property frorn
harm, due to the construction activities including the
project site.
20. PARKING:
A. The contractor shall provide and maintain suitable
parking areas for the use of the construction workers
and others performing work or furnishing services in
connection with the project, as required, to avoid any
need of parking personal vehicles where they may
interfere with the Owner's operations or construction
activities, or normal traffic operation on public roads.
21. DST CONTROL:
A. The Contractor shall take all reasonable measures to
prevent unnecessary dust. Earth surfaces subject to
dusting shall be kept moist with water or application of
an approved chemical dust suppressant. Dusty materials
in piles or transit shall be covered to prevent blowing.
B. Buildings or operating facilities which may be adversely
affected by dust shall be adequately protected.
Existing or new machinery, motors, instrument panels or
C1ClC-iC
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similar equipment shall be protected by suitable dust ,
screens which include adequate ventilation features.
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22. TEMPORARY DRAINAGE AND EROSION CONTROL PROVISIONS:
A. The Contractor shall provide for the drainage of storm
water and such water as may be applied or discharged on
the site in the performance of the work. Drainage
facilities shall be adequate to prevent damage to the
work, the site and adjacent properties.
B. Existing drainage channels and conduits shall be
cleaned, enlarged or supplemented as necessary to carry
increased runoff attributable to the Contractor's
operations. Temporary dikes shall be constructed as
necessary to divert increased runoff from entering
adjacent properties (except in natural channels or storm
sewers), to protect the Owner's property, facilities and
the work, and to direct water into natural channels or
conduits. Retention shall be provided as necessary to
prevent downstream flooding.
C. The Contractor shall prevent the erosion of soil on the
site and adjacent property resulting from the
construction activities. Effective measures shall be
initiated prior to the commencement of clearing,
grading, excavation or other operations that will
disturb the natural vegetation or protection. Erosion
measures may include hay bales, silt fencing, jute mat,
fast growing vegetation, and ponds.
D. Work shall be scheduled on exposed areas subject to
erosion for the shortest possible time, and natural
vegetation shall be preserved to the greatest extent
possible. Temporary storage areas, construction
building and access shall be located to minimize
erosion.
E. The Contractor shall be responsible for application and ,
acquisition of all necessary permits, including coverage
under the Federal/State NPDES Regulations for Storm
Water Management and the City of Fayetteville's
Excavation and Grading permit.
F. Unless specifically included as separate bid item(s),
all Work necessary for the control of storm water runoff
01010-11
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shall be considered as subsidiary to the project and no
separate payment shall be made to the Contractcr.
23. POLI;,;TION CONTROL:
A. The Contractor shall comply with all requirements of the
General Conditions and all Federal, State and local laws
and regulations governing pollution. Additionally,
the Contractor shall prevent the pollution of drains and
watercourses by sanitary wastes, sediment debris and
other substances resulting from construction activities.
No sediment, debris or other substances shall be
permitted to enter any sanitary sewers, stcrin sewer, nor
any drain of watercourse.
24. CLEAN-UP DURING CONSTRUCTION:
A. During construction, the Contractor shall keep the
construction area in a clean, neat and workmen like
condition at all times. Pipe, equ:pnent, and all other
materials shall be stored and protected in an area away
from the construction activities. As soon as
practicable, the area around a]] structures shall be
backfilled, and the entire area maintained :n a neat
condition.
25. ACCESS:
A. The Contractor shall provide for safe and ready access
to the construction activities during working hours or
as requested tc authorized representatives of the City
1 of Fayetteville and other State cr Federal Agencies as
required.
26. CONSTRUCT:CN CBSERVA:ION AND INSPECTION:
A. Construction observation and inspection shall be by the
'
City of Fayettev_e Engineering Division and/or it's
designated representative. The Contractor shall
provide a detailed construction schedule tc the Engineer
' noting the scheduling of all work phases and tests
required by the specifications. The Engineer shall have
no responsibility to the Contractor cr subcontractor for
the supervision of personnel or layout of work.
C1C1C-12
B. Prior to final acceptance by the City, the project shall 1
be subject to a final inspection by designated
representatives of the City of Fayetteville and the
Contractor.
27. TESTING:
A. The Contractor shall be responsible for the cost of all
equipment, materials, labor, testing procedures and lab
work for all tests as outlined in these specifications.
The City of Fayetteville shall have the right to approve
or reject the contractor's proposed lab based upon sound
Engineering principles. Copies of all testing reports
must be forwarded directly to the Engineer by the
testing laboratory.
B. All field tests required for a project shall be
witnessed by the City Engineering Division �,
representatives in the presence of the Engineer and
Contractor, or their approved representatives.
C. All tests require a minimum notice of 24 hours. The 24
hours is a minimum only, the exact time for testing and
required inspections shall be determined by the City of
Fayetteville Engineering Office.
28. MEASUREMENT AND PAYMENT: '
A. It is the intent of the Bid Schedule, as submitted, to
cover all work shown on the contract drawings and
required by the Specifications and other Contract
Documents. All costs in connection with the work
including furnishing of all materials, equipment,
supplies, and appurtenances; providing all construction
plant, equipment, and tools; and performing of all
necessary labor to fully complete the work, shall be
included in the unit and lump sum prices named in the
Bid Schedule. No item of work that is required by the
Contract Documents for the proper and successful
completion of the Contract will be paid for outside of
or in addition to the prices submitted in the schedule.
All work not specifically set forth in the Bid Schedule
as a pay item shall be considered a subsidiary
obligation of the Contractor and all costs in connection
therewith shall be included in the pay items so named.
01010-13
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B. The method of measurement and basis of payment for each
item listed in the bid schedule shall be as stipulated
under the specification for each iteir. of Work.
29. EXPLOSIVES:
A. Explosives shall no- be allowed for excavation or any
other purpose unless a plan for such use is apprcved in
writing by the Engineer, proof of blasting insurance is
submitted, and experienced personnel licensed in the
State cf Arkansas for blasting is utilized. The plan
must include as a minimum a pre -blast survey and the
utilization cf qualified seismographic procedures.
30. EXCAVATION SAFETY:
A. The current edition cf Occupational Safety and Health
Adm;n;stratron Standard for Excavation and Trench Safety
Systems, 29 CFR 1926, Subpart P, is specifically
incorporated and made a part of these specifications and
contract documents as required by Arkansas Act 291 of
the '9th Genera_ Assembly of 1993. The Contractor shall
be solely responsible for the implementation of these
requirements.
B. A copy of the OSHA regulations is included in this set
of specifications as Appendix A.
31. UTILITY MIX - SLURRY MIX '%?CURABLE" BACKFILL:
A. Where shown on the plans or directed by the Engineer,
a "pourable" bacsf_ii, also called utility mix, shall be
used. The utility :nix shall be a low strength ccncrete
mixture that is readily digable with standard equipment.
The mixture shall be in the ratio of 3400 ;bs sand: 150
lbs cement: 100 lbs flyash.
B. The mixture
shall be
plant
_nixed
and
shall have
compressive
strength
of 300
psi
at 28
days.
END OF DO'_'Si_EtiT
0:0:0-;4
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SECTION 01505 ,
MOBILIZATION
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED I
A. Preparatory work and operations necessary for
movement of personnel, equipment, supplies, and
incidentals to Project site.
B. Establishment of temporary offices, storage
buildings, sanitary facilities, and other facilities
necessary to undertake the Work of Project.
C. Work and operations which must be performed, or for
expenses incurred, prior to beginning Work on the
various construction items of Project.
D. Pre -construction costs, exclusive of bidding costs,
which are necessary direct costs to the Project and
are of a general nature rather than directly
attributable to other pay items in the Bid Schedule.
E. Costs of maintenance bonds and other bonds and
permits required by the Owner and the City of
Fayetteville.
1.02 RELATED REQUIREMENTS
A. Conditions of the Contract.
B. Owner -Contractor Agreement.
C. Section 01010 - Summary of Work.
1.03 METHOD OF PAYMENT
A. Mobilization will be measured as a complete unit and
will be paid for at the lump sum price bid for
"Mobilization", which price shall include, but not
necessarily be limited to, the description of
requirements included in Article 1.01 above.
B. Allowable partial payments for this item will be
completed in accordance with the schedule below. The
percentage of the original Work completed will be
based on all items exclusive of the item"Mobilization":
01505-1 1
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PART:AI. PAYMENT SCHEDULE
Percentage of Craginal Percentage of Bid Price
Contract Sum Completed for Mobilization Allowed
First Application for Payment --------------------------25
10-----------------------------------------------------53
C. The amount completed for this item will be paid for
on regular Applications for Payment and wi_; be
cons_dered the same as other pay items ir. the
determination of retainage to be withheld. Payments
on percentages of the original contract sum other
than those set out above will not be considered. No
adjustment in the amount bid for this item will be
made for additional quantities cr items of WORK
required to satisfactorily complete the Project.
D. =n no case shall the amount bid for the item of
"Mobilization" exceed 5% of the total contract amour_;,
for all other items listed in the Bid Schedule.
Should the amount entered in the Bid Schedule for
this item exceed 5%, the Owner will reduce it to the
maximum a_.owed amount to determine the correct total
Bid.
E. Nothing herein shall he construed tc limit or
preclude partial payments otherwise provided for by
the Contract Documents.
PART 2 - PRODUCTS
;NOT USED)
PART 3 - EXECUTION
iNOT USED)
END OF SECTION
C15C5-2
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SECTION 01700 1
CONTRACT CLOSEOUT
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED. I
A. Closeout Procedures.
B. Final Cleaning
C. Project Record Documents.
D. Warranties and Bonds.
1.02 RELATED REQUIREMENTS
A. Conditions of the Contract.
B. Owner -Contractor Agreement. 1
C. Section 01010 - Summary of Work.
D. Section 01720 - Project Record Documents.
1.03 CLOSEOUT PROCEDURES
A. Comply with procedures stated in General Conditions
of the Contract for issuance of Certificate of
Substantial Completion, except:
1. When the Architect/Engineer determines that all
or a designated portion of the Work is ready for
substantial completion inspection as
represented by the Contractor, subcontractor, and the
Owner, if Owner so desires.
2. When it is determined from the results of the
group inspection that the Work or designated
portion thereof is substantially complete, the
Architect/Engineer will process a Certificate of
Substantial Completion.
B. When Contractor considers Work has reached final
completion, submit written certification that
Contract Documents have been reviewed, Work has been
inspected, and that Work is complete in accordance
with Contract Documents and ready for '.
Architect/Engineers inspection.
C. In addition to submittals required by the Conditions
of the Contract, provide submittals required by
governing authorities, and submit a final statement
01700-1 1
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of accounting giving adjusted `final quantities, total
adjusted Contract Sum, previous payments, and sum
remaining due.
D. Architect/Engineer will issue a final change order
reflecting approved adjustments tc Contract Sum not
previously made by Change Order.
1.04 FINAL CLEANING
A. Execute prior to final inspection.
1.05 PROJECT RECORD DOCUMENTS
A. Refer to Section 31723.
B. Store documents separate from these used for
construction.
C. Keep documents current; do not permanently concea:
any work until required information has beer.
recorded.
D. At Contract cicsecut, submit docu_-nents with
transmittal letter containing dates, Project title,
Contractor's name and address, list of documents, and
signature of Contractor.
:, of WARRANTIES AND BONDS
A. Submit proof of compliance with requirements of
governing agencies.
PART 2 - PRODUCTS
NOT "cr;.;SED
PART S - EXFC:;TION
NOT USED
END OF SECTION
01700-2
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SECTION 01720 r
PROJECT RECORD DOCUMENTS
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Maintain at the site for the Owner one record copy
of:
1. Drawings, Specifications, Addenda, Change Orders
and other modifications to the Contract.
2. Approved Shop Drawings and Product Data.
3. Field Test records.
B. Record actual construction on a clean set of Drawings
furnished by the Architect/Engineer.
1.02 RELATED REQUIREMENTS
A. Conditions of the Contract.
B. Section 01700 - Contract Closeout. I
1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES
A. Store documents apart from documents used for '!
construction. File documents and samples in
accordance with Specification format.
B. Maintain documents in a secure, clean, dry, legible
condition and in good order. Do not use record
documents for construction purposes.
C. Make documents available at all times for inspection
by Architect/Engineer.
1.04 RECORDING
A. Label each document "PROJECT RECORD" in neat large
printed letters with felt tip marking pen.
B. Record information concurrently with construction
progress.
1. Do not conceal any work until required
information is recorded.
C. Legibly mark clean set of Drawings to record actual
construction:
1. Horizontal and vertical locations of underground
utilities and appurtenances, referenced to
01720-1
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permanent surface improvements. Location of
internal utilities and appurtenances concealed in
the construction, referenced to visible and
access:ble features of the structure.
2. Field changes c`_ dimension and detail.
3. Changes made by Field Order or by Change Order.
4. Deta::s not on original contract drawings.
1.05 SUBMITTAL
A. At Contract closeout, deliver Record Documents tc
Architect/Engineer `_cr the Owner.
PART 2 - PPOIYJCTS
NOT USED
PART 3 - EXECUTION
NOT : SED
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END OF SECTION
C1720
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SECTION 02110
SITE CLEARING
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Clearing and grubbing street right-of-way.
B. Removing and Disposing of culverts. I
C. Removing and Disposing of driveways. I
D. Removing and Reconstructing fences.
1.02 RELATED WORK I
A. Section 02212 - Roadway Grading.
1.03 UNIT PRICES 1
A. Payment for removal and disposal (R&D) or for removal and
reconstruction (R&R) Will be made at the unit price bid
for each item, which price shall include all labor, tools,
equipment, and incidentals necessary to complete the Work.
PART 2 - PRODUCTS 0
No products included. I
PART 3 - EXECUTION
3.01 SITE PREPARATION & PROTECTION
A. Protection of Existing Improvements:
1. Provide protections necessary to prevent damage
to existing improvements indicated to remain in
place.
2. Protect improvements on adjoining properties.
3. Restore damaged improvements to their original
condition, as acceptable to Architect/Engineer or
other parties having jurisdiction.
B. Protection of Existing Trees and Vegetation:
1. Protect existing trees and other vegetation,
indicated to remain in place, against unnecessary
cutting, breaking or skinning of roots, skinning
and bruising of bark, smothering of trees by
stockpiling construction materials or excavated
materials within drip line, excess foot or
02110-1 1
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' vehicular traffic, cr parking of vehicles within
drip line. Provide temporary guards to protect
I trees and vegetation to be left standing.2. Water trees and other vegetation to remain within
limits of contract work as required to maintain
their health during course of construction
1 operations.
3. Repair Cr replace trees and vegetation indicated
to remain which are damaged by construction
' operations, in a manner acceptable to the
Architect/Engineer. Employ qualified tree
surgeon to repair damage to trees and shrubs.
3.02 SITE CLEARING
A. General: Clear street, right-of-way and construction
areas of vegetation, improvements, debris, or other
obstructions interfering with installation of new
construction. Remove such items elsewhere on site or
premises as specif_cal v indicated. Removal includes
digging out sumps and roots.
B. Removal of improvements: Remove above -grade and
below -grade improvements necessary to permit
constriction, and other work as indicated.
C. Abandonment or removal of certain underground pipe or
conduits may he shown on water cr sewer construction
drawings, and is included under work of those
sections. Removal of all ether abandoned underground
piping or conduit interfering with construction is
included under this section.
3.03 DISPOSAL OF WASTE MATERIALS
A. Burning is permitted on Owner's property only as
permitted by City Ordinance and with the approval of the
Engineer
B. Renove cleared waste materials from Owner's property
and dispose of at an off site location secured by the
contractor.
END OF SECTION
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' 02110-2
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SECTION 02212 1
ROADWAY GRADING
PART 1 - GENERAL
1.01 WORK INCLUDED I
A. Stripping and stockpiling surface layer of topsoil
and organic matter in all cut and fill areas.
B. Excavating and grading open drainage ditches.
C. Placing and compacting excavated material or borrow
material to required density and at required subgrade
and slope for roadway embankment and other compacted
fills. ■
D. Removing and disposing of excess excavated material.
1.02 RELATED WORK I.
A. Section 02110 - Clearing.
B. Section 02220 - Structure Excavation and Backfill.
C. Section 02515 - Portland Cement Concrete Paving.
1.03 SITE CONDITIONS
A. Establish positive surface drainage during and I
following stripping, embankment construction, and
roadway grading by proper ditching or sloping.
B. Provide measures to prevent mud and silt from flowing
onto adjacent property.
C. Erect sheeting, shoring, and branching as necessary
for protection of persons, improvements, and
excavations.
1.04 UNIT PRICES
A. Unclassified Excavation: Completed excavation for
new roadway and back slopes to required subgrades and
slopes shall be unclassified and will be measured on
a cubic yard basis as determined by Architect/Engineer
from cross -sections on the Drawings and the quantity shown
on the Bid Schedule. The Work will be paid for at the
unit price bid per cubic yard for "Unclassified
Excavation", which price shall be full compensation for
stripping, excavating, loading, hauling, placing, and
02212-1
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compacting; for _garnishing and applying water and aerating
of soils; for trimming of slopes; for disposal of surplus
mater_a_; for maintaining positive surface drainage;
and for all labor, tccls, equipment and incidentals
necessary to complete the work.
PART 2 - PRODUCTS
2.C1 SUITABLF. MATER:AI. F'GR COMPACTED EMBAN}c1EN^_
A. Select fill consisting of sandy clay, clayey and, or
clayey gravel having a liquid limit less than 40.
B. On -site excavated soils meeting the requirements of
Paragraph A above.
C. Material meeting the requirements of selected
matera: as described in Section 210 of the Arkansas
State Highway Department's Standard Specifications
for Highway Construction, Edition of 1993.
2.C2 ;.'NSUITABLE MATERIAL FOR COMPACTED EMBANKMENT
A. All areas: Organic topsoi., so_;s containing roots,
vegetable matter, or trash, and cobbles and fractured
rock more than 4 inches in greatest dimension.
PART 3 - EXECUTION
3.01 PREPARATION
A. Remove visible unsuitable materials from the site
before beginning stripping and site grading
operation.
S. Notify Al,_hitect./Er.gireer when work .s ready to be
staked.
C. Notify the geotechnical engineer representing the
Owner's selected testing laboratory at least 48 hours
before planned time to begin placing embankment
material.
3.32 EXCAVATION PROCEDURES
A. Excavation, General:
1. Strip topsoil in cut and fill areas to whatever
depths encountered in a manner to prevent
intermingling with anderlying subsoil or other
objectionable material. Remove and dispose of
heavy grcwt'_i c_` grass and surface debris from
areas prior to stripping topsoil.
,22 . 12-2
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a. Where trees are indicated to be left
standing, stop topsoil stripping a sufficient
distance to prevent damage to main root
system.
2. Stockpile topsoil in storage piles in areas
shown, or where directed. Construct storage
piles to freely drain surface water. Cover
storage piles if required to prevent wind-blown
dust.
3. Remove soft or spongy material at the exposed
sub -grade of cut and fill areas and replace with
approved material and compact.
4. Use all suitable excavated material, as far as
practicable, in the formation of controlled fills
and fill slopes.
5. Keep all excavations dry by pumping or draining
water from the work.
6. Grade excavated slopes to a neat, smooth
condition with no loose material or scars left on
the surface.
7. Protect existing asphalt paving and structures
designated to remain from drainage by excavation
and grading operations.
8. Dispose of debris, excess topsoil, excess fill
material and unsuitable material at an off site
location secured by the contractor. I
B. Excavation, roadway:
1. Excavate and grade to within + 0.1 foot of
required subgrade elevations.
2. Grade back slopes to the slope shown on the
Drawings.
3. Remove soft or spongy material at the exposed
subgrade of cut and fill areas and replace with
select material and compact to the same density
as required for compacted fill. Identify soft
areas by proof -rolling with a loaded tandem axle �.
dump truck or similar equipment.
4. Do not allow subsoil in roadbed area to become
saturated. Maintain positive surface drainage
during and following excavation, grading, and
filling operations.
5. Where compacted fill is required, scarify I
stripped surface to a depth of at least 8 inches,
adjust the soil moisture, and recompact to the
same density as required for each layer of
compacted fill.
II
02212-3
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3.33 COMPACTED EMBANKMENT
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A. Star embankment full width of bottom of embankment
cross-section and construct to specified grade over
full width :n uniform layers.
B. Place fill material :n lifts no greater than E inch
loose -lift uniform thickness and compact to a nininum
of 95% of maximum dry density at or near optimum
moisture content as determined by the Standard
Compaction Procedures, AS:M D699.
1. Add water when the soil is tcc dry and mix with
the mater'_a: before compacting.
2. Aerate material when too wet by manipulation with
suitable equipment before compacting.
C. Do not place the next lift until the in -place density
and moisture content of the preceding lift has been.
verified.
D. Gectechnical engineer will inspect and test soil for
suitab=lity for use in embankment and for need to
perform additional "Proctors" as soil composition
changes dur:nq progress of excavation. Dc not
compact layer of soil that geotechnical engineer has
deternined to be a "change :n soil composition" until
:t has been determined to be suitable and a "Proctor"
has been run.
E. Coordinate with the gectechnical engineer and provide
the necessary assistance to perform the tests. The
cost of the testing will be borne by the Contractor,
and shall be performed by an independent laboratory
approved by Owner and Engineer.
=. Maintain stab:l:ty of compacted embankment. Replace
or repair portions which have eroded due to elements
or to Contractor negligence.
G. Grade for slopes and other embankment areas not to be
paved, to neat, smooth condition with no loose
material or scars left on surface. Fill and grade
slopes to w:th:n three inches of finish grade
elevations to allow for topsoil, sod and other
Tandscap:nq.
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32212-4
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3.04 PROTECTION ,'
A. As soon as embankment is completed, proceed with
riprap work and notify Architect/Engineer that slopes
are ready for erosion protection by landscaping
contractor.
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END OF SECTION
I
02212-5
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SECTION C2220
STRUCTURE EXCAVATION AND BACKFILL
PART 1 - GENERAL
].01 WORK .NCLU E�
A. Excavate for the following structures:
1. Air Release Valve structure.
2. Drainage structures.
B. Shore and brace excavations as required.
C. Backfxli and compact structures to required
elevations and densities.
3. Dewater excavations.
1.02 RELATED WORK
A. Section 02110 - Clearing.
B. Section 02212 - Roadway Grading.
C. Section C3CC1 - Concrete Work.
1.03 PROTECTION
A. Protect trees that are to remain, and other features
remaining as part of final landscaping.
B. Protect bench marks, site corner pins, and existing
street paving against damage from equipment and
vehicular or foot traffic.
C. Protect_ excavations by shoring, bracing, sheet
piling, underpinning, or other method, as required to
prevent cave-ins or loose dirt from falling into
excavations.
D. Underpin adjacent structures, which may be damaged by
I excavation work, inc:uding service lines and pipe
_.nes.
E. Notify Arch:tect/Engineer of unexpected sub -surface
frJ conditions and discontinue work :n area until
Architect/Engineer provides notification tc resume
work.
F. Prefect bottom of excavations and soil around and
02220-1
[1
beneath foundations from frost or freezing and water ,
inundation.
G. Grade around excavations to prevent surface water
run-off into excavated areas.
PART 2 - PRODUCTS I
2.01 SUITABLE BACKFILL MATERIALS
A. Gravel: Angular crushed natural stone free from, ,
shale, clay, friable materials, and debris.
B. Pea Gravel: Clean natural stone free from clay,
shale, and organic matter.
C. Sand: Clean natural river or bank sand free from
silt, clay, loam, friable or soluble materials, and
organic matter.
D. Under areas not to be paved: Sub -soil free from
roots, rock larger than 3 inches in size, and
building debris.
E. Under structures or areas to be paved: Material t•
meeting requirements for controlled fill as specified
in Section 02212.
F. Drainage fill: Evenly graded mixture of crushed
stone or washed crushed or uncrushed gravel with 100%
by weight passing a 1-1/2 inch sieve and not more
that 5% by weight passing a No. 4 sieve.
PART 3 - EXECUTION
3.01 PREPARATION AND LAYOUT
A. Establish extent of excavation by area and elevation;
designate and identify datum elevation.
B. Set required lines and levels. 1
C. Maintain bench marks, monuments and other reference
points.
3.02 UTILITIES
A. Before starting excavation, establish location and
extent of underground utilities occurring in work
area.
02220-2 5
I
3. Notify utility companies of lines which are in the
way of excavation.
C. Protect existing utility lines to remain which pass
through work area.
D. Protect utility services uncovered by excavaticn.
3.03 EXCAVATION
v
11
A. Excavate sub -soil in accordance with lines and levels
required for construction of the work, including
space for forms, bracing and shoring, and to permit
inspection.
B. Do add:tiora: excavation only by written
authorization of Architect/"Engineer.
C. Adjust footing depth when directed by Architect!Engireer
to reach satisfactory bearing.
• D. Hard trim excavations and leave free from loose or
organic material.
E. Keep all excavations dry by pumping or draining water
from the work.
F. Pour footings the same day that excavations are made,
and do not allow water to stand in excavated footing
I trench.
G. When excavation is complete, allow Architect/Engineer
to inspect sub -soil bearing condition before placing
concrete.
H. ;nderci:t unavoidably submerged footing excavations to
unaltered soils.
I. r_ _ over -excavated sub so. for re se where
directed. Remove excess or unsuitable excavated sub -
50 from site.
I. Jo not interfere with ncrical 45 degree bearing splay
of any foundation.
J. Stockpile excavated sub -soil for re -use where
directed. Remove excess or unsuitable excavated sub-
soil from site.
K. Do not disturb soil within branch spread of existing
trees or shrubs that are to remain.
32223-3
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3.04 BACKFILLING
A. Ensure areas to be backfilled are free from debris, 1
snow, ice, and water, and that ground surfaces are
not in a frozen condition.
B. Backfill areas to grades, contours, levels, and
elevations.
C. Backfill systematically and as early as possible to
allow maximum time for natural settlement and
compaction.
D. Compact backfill with mechanical tampers approved by
Architect/Engineer.
E. Place and compact backfill materials in continuous I
layers not exceeding 6 inched loose depth.
F. Maintain optimum moisture content of backfill I,
materials to attain required compaction density.
G. Backfill free-standing structures on both sides at I
the same time in thin, equal layers to provide
balanced pressures.
H. Prior to placing slabs on grade, provide a 4" thick
bank run sand fill, screed and level to required
grade. Place a 7 mil Polyethelyne vapor barrier,
lapping joints 6" and sealing joints and penetrations
with pressure sensitive tape.
I. Where temporary unbalanced pressures are liable to
develop on walls, erect necessary shoring to
counteract imbalance. Leave in place until their
removal is approved by Architect/Engineer.
3.05 FILL TYPES AND COMPACTION
A. Backfill under areas not to be paved: Compact with Ii mechanical tampers until material is as firm and
unyielding as the surrounding material undisturbed by
excavation.
B. Backfill in compacted fill and under paving areas:
Compact to top of subgrade to density requirements
specified in Section 02212.
C. Fill under landscaped areas: Sub -soil to within 3
inches of finish grade elevation.
02220-4 p
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SECTION 02272 1`
DUMPED RIPRAP
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Dumped stone riprap at locations shown on the plans and as
designated by the Engineer.
1.02 RELATED WORK
A. Section 02212 - Roadway Grading. 4
1.03 QUALITY ASSURANCE
A. Architect/Engineer may require written certification
that the stone meets the abrasion resistance
requirements as determined by the Los Angeles Machine
Test.
1.04 REFERENCES
A. Arkansas Highway and Transportation Dept. (AHTD): t
1. Standard Specifications for Highway Construction,
Edition of 1993, hereafter referred to as "AHTD
Standard Specifications".
1.05 UNIT PRICES
A. Method of Measurement: Dumped riprap in place as
shown on the Drawings or as directed by the
Architect/Engineer will be measured by the square
yard, the amount of which will be obtained by
measuring the actual area covered by the riprap.
B. Basis of Payment: Completed and accepted dumped .II,
riprap measured as provided above will be paid for at
the unit price bid per square yard for "Dumped
Riprap", which price shall be full compensation for
furnishing materials; for preparation of the surface
to be protected; for hauling and placing the stone;
for excavation including toe trench and backfill; and
for all labor, tools, equipment and incidentals
necessary to complete the Work.
C. Payment will not be made for excess thickness of
riprap, for materials required to dress embankment,
nor for material to replace embankment lost due to
action of the elements. ,
02272-1
1
PART 2- PRODUCTS
2.C1 MATERIAL,
A. Stone: Stone for dumped riprap shall meet the
requirements of subsecticns 816.C2(a) and
8:6.02(2; of the AHTD Standard Specifications.
PAR: 3 - EXECUTION
3.02 INSTALLATION
A. Inst_a]l dunped riprap in accordance with the
construction methods specified in sub -sect on
816.03c) of the AIITD Standard Spec-fications.
B. Maintain the riprap protection until accepted,
replacing displaced mater=a:.
END OF SECTION
C2272-2
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SECTION 02510 1
SIDEWALKS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Providing 4 inch thick concrete sidewalks where shown
on Drawings or designated by the Engineer.
B. Providing 6 inch thick concrete handicap ramps where
shown on Drawings or designated by the Engineer.
1.02 RELATED WORK
A. Section 02212 - Roadway Grading. I
B. Section 02220 - Structure Excavation and Backfill.
C. Section 03001 - Concrete Work.
1.03 REFERENCE STANDARDS
A. American Society for Testing and Materials (ASTM):
1. ASTM D 1751, specifications for Preformed
Expansion Joint Fillers for Concrete Paving and
Structural Construction (Nonextruding and
Resilient Bituminous Types).
1.04 UNIT PRICES I
A. Completed and accepted sidewalks will be measured by
the lineal foot based on designated width. Payment
will be made at the unit price bid per lineal foot
for "Sidewalks" of the designated width listed in Bid
Schedule, which price shall include all materials,
labor, tools, equipment, and incidentals necessary to
complete the Work.
B. Completed and accepted concrete handicap ramps will
be measured on a per each basis. Payment will be
made at the unit price bid per each for "Handicap
Ramp" which price shall be full compensation for all
materials, labor, tools, equipment, and incidentals
necessary to complete the Work.
PART 2 - PRODUCTS 1
2.01 CONCRETE
A. General: Materials for use in sidewalk construction
02510-1
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shall conform to the requirements for Section 03001 -
Concrete Work, and shall be 3000 psi concrete.
2.02 JOINT FILLER
A. The joint filler for all expansion joints shall be
manufactured according to ASTM D 1'51 and shall be
elastic waterproof premclded compound that w l_ not
become soft and push cut in hot weather, nor hard and
brittle and chip cut in cold weather. The straps
shall be 1/2 inch in thickness except where shown
otherwise or. the Drawings; .heir width shall at least
equal the full thickness of the slab; and their
length shall at least equal the width of the slab at
the joint.
2.03 FORMS
A. Forms shall be steel or 2 inch nominal thickness
lumber true to proper dimensions, smooth,
sufficiently braced to resist springing out of shape,
and accurately set tc proper lines and grades. Used
forms shall be free y�of dirt and mortar. Cross forms
shall be :!4 inch steel of the full width and depth
of the concrete work and left in place unt�i the
' wearing surface has been floated and has obtained its
nrt:al set.
2.04 CURING COMPOUND
A. Liquid membrane forming curing compound conforming to
ASSHTO M148, Type 2, white pigmented ;all -resin
base).
FART 3 - EXECUTION
3.01 GRADING AND SU3GRADING
A. Prepare subgrade or walks by excavating or filling
to a depth below the top of an intended pavement
equal to the thickness of the finished walk and in
exact conformity to the grade approved by the
Engineer. Remove vegetable matter or material that
will not compact properly and replace with suitable
material. Place al. fi._ required to bring the
subgrade to the proper level in thin layers not
exceeding 4 inches deep, and thoroughly ram, tamp, or
roll until it has been made compact and solid. Bring
subgrade to true grade in a uniformly firm condition
before the placing of the concrete. Do not place
concrete on the subgrade until the Engineer has
025:0-i
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inspected and approved both grade and condition of !I.
the subgrade.
3.02 SETTING FORMS
A. Stake forms and hold to the established lines and
grades. Provide minimum one -eighth of an inch per
foot fall away from structures or as shown on the
Drawings.
3.03 TREATMENT
A. Wet wood forms and coat metal forms with oil, soft S
soap, or whitewash before depositing any material
against them. Remove all mortar and dirt from forms
that have been previously used.
3.04 MARKINGS
A. Cut surface of concrete walks into flags by marking ++
with an edging tool having a radius of 1/4 inch.
Make flags not longer than 6 feet on any side nor
longer than the width of the sidewalk. Round the
slabs on all surface edges, including the cross -
marking between flags, to a radius of 1/4 inch.
B. Score surface or ramp as shown on Standard Detail -
Drawings.
3.05 JOINTS
A. Provide an expansion joint 1/2 inch in thickness,
extending full depth of the concrete and with filler
as herein specified, at intervals of not more than 25
feet. Provide a similar joint 1/2 inch in thickness
in each walkway at intersection of walkways. Also,
provide an expansion joint 1 inch in thickness at
each intersection of sidewalk and street curb and at
such other points as may be designated by the
Engineer. Separate sidewalks from abutting
structures by 1/2 inch expansion joints. Place
expansion joints 1/2 inch in thickness extending full
depth of the concrete in a square outline around each
object in sidewalks, such as fire hydrants, utility
poles, light standards, etc.
3.06 PLACING CONCRETE �\
A. Place concrete only on a moist subgrade and not,
adjacent to or around utility structures until such
02510-3 1
b
I
structures have been set tc the proper grade.
' B. Transport from the mixer and place by such means as
will not cause segregaticn of materials or loss of
ingredients. Deposit successive batches :n one layer
by a continuous operation, completing individual
sections tc the required depth and width. Do not use
concrete that has taker its initial set. Fill forms
avid brinq the concrete to the established grade by
' means cf a strike board or straight edge. Thoroughly
tamp concrete until the mortar :s flushed tc the
surface sufficiently to finish and mark the surface.
C. Spade and/or vibrate the concrete sc that it will
flow together and completely fill all void spaces,
especially along forms (including crcss forms of
joints; to prevent honeycombing and shall be struck
off and tamped in an approved manner, until dense
surface is obtained, free from porous or rough spots
and at the required section and grade.
D. U•se method of placing the various sections so as to
produce a straight clean-cut joint between them, '_n
order to make each section an independent un.t. Do
not use any concrete in excess of that needed to
complete a section at the stopping of work.
E. Do not pour concrete when the is temperature is below
35 degrees F., and do not place concrete cn frozen
subgrade. Take all necessary precautions to prevent
damage tc concrete from freezing, rain, storm damage,
etc.
' F. At all times during construction period, maintain
proper drainage, by natural flow or pumping as
required, so that water will drain away from
excavated areas. Do not allow water to stand in any
excavations, or elsewhere, to be covered by concrete.
Provide and maintain in proper working order a,!
necessary pumping and other equipment required tc
maintain drainage.
3.07 FINISHING
A. After the concrete has been brought to the
established grade by means cf a strike board and
tamped to bring the mortar to surface, float to a
true even surface and finish with steel trowel.
After the trowel finish has taken its initial set,
brush surface lightly at right angles to center line
of sidewalx with a soft bristle brush.
02510-4
I
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B. Do not apply neat cement to the concrete surface to I
hasten its hardening.
3.08 CURING AND PROTECTION
A. As soon as the concrete has hardened sufficiently to
prevent damage, apply specified liquid membrane -
forming curing compound in accordance with
manufacturer's written instructions.
B. Protect the freshly finished concrete from hot sun
and drying winds until the curing compound is
applied. Do not allow the concrete surface to be
damaged or pitted by raindrops. Provide.and use,
when necessary, -sufficient tarpaulins to completely
cover all sections that have been placed within the
preceding twelve hours. Erect and maintain suitable
barriers to protect the concrete. Repair any section
damaged from traffic of other causes occurring prior
to its official acceptance. Before the sidewalk is
opened to traffic, remove and dispose of the
covering.
3.09 FREEZING TEMPERATURE w
•
A. If at any time during the progress of the work, the
temperature is predicted to drop to 35 degrees F.
within 24 hours after placement, heat the water and
aggregates and take precautions to protect the work
from freezing for at least five days. {�
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END OF SECTION,
02510-5 1
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SECTION 025:5
PORTLAND CEMENT CONCRETE PAVING
PART I - GENERA:
1.01 WORK INCLUDED
A. Prepare subgrade tc receive base course.
B. Provide compacted base course.
C. Provide six (6)inch thick concrete paving with
integral curb.
1.C2 RELATED WORK
A. Section 022:2 - Roadway Grading.
B. Section 02400 - Drainage.
C. Section 03001 - Concrete Wcrk.
' :.03 REFERENCES
17
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A. Arkansas State Highway and Transportation Dept.
(AHTD): Sections 3C3 and 5C1.
1. Standard Specifications for Highway Construction,
Edition of 1993, hereafter referred to as "AHTD
Standard Specifications".
1.C4 UNIT PRICES
A. The completed work of providing "Class 7 Base",
will be measured by the ton (1 tcn = 20CC pounds) as
determined by the sum cf the net weights of materials
shown on truck delivery tickets received by the
Architect/Engineer at the project site for each bid
item. The Work will be paid for at the unit price
bid per tori for each, which price shall be full
compensation for hauling, spreading, compacting and
for all labor, tools, equipment, and incidentals
necessary to complete the work. The unit price bid
for the class 7 Base sha'l'l include subgrade any
preparation_.
B. The completed work of providing "Concrete Paving"
will be measured by the square yard. The width for
measurement will be the width as constructed in
accordance with the plans and typical cress sections
or as directed by the Engineer. The completed work
02515-1
I
will be paid for at the contract unit price bid per
square yard for Portland Cement Concrete Paving, of
the thickness specified, which price shall be
full compensation for preparing the subgrade, for
furnishing, transporting, and placing materials,
including steel bars for joints and all other joint
materials, for spreading, curing, and for all labor,
tools, equipment, and incidentals necessary to
complete the work.
PART 2 - PRODUCTS
2.01 PAVING MATERIALS
A. Crushed Stone: Class 7, meeting the requirements of
section 303 of the AHTD Standard Specifications, or
approved equal.
B. Concrete Paving: Materials meeting the requirements
of Section 501 of the AHTD Standard Specifications. I
PART 3 - EXECUTION
3.01 SUBGRADE PREPARATION
A. Ensure grading of the subgrade to the required
elevation.
B. Scarify the subgrade to a depth of six inches where
the base course is to be placed.
C. Water and thoroughly mix subgrade until optimum
moisture content is obtained when deficiency of
moisture content exists. When excess of moisture
exists, rework and aerate subgrade until optimum
moisture content is obtained.
D. Re -compact the subgrade to a minimum of 95% of the
maximum dry density at or near the optimum moisture
content as determined by ASTM D 698.
E. Before final rolling, shape the entire area to the
required cross section, adding additional subsoil as
required and compact the subgrade surface to the
required density.
3.02 PLACEMENT OF BASE COURSE
A. Place the crushed stone base material over the
prepared subgrade in accordance with the construction
methods described in section 303 of the AHTD
02515-2
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IStandard Specifications.
IS. Add water during compaction tc bring the base course
materials to optimum moisture content. When an
excess moisture exists, rework the base course
materials until optimum moisture content is obtained.
C. Compact the base course tc minimize voids.
3.C3 PLACING PORTLAND CEMENT CONCRETE PAVING
A. Construction Methods: Section. 501, AHTD Standard
Specifications.
B. Joint Materials: Type 3 Joint Sealer, consisting of
a one part silicone formulation that does not require
a primer.
C. Temperature of air: Do not place concrete when air
temperature is below 4C degrees
ID. Place concrete pavement to minimum depth shown on
Drawings.
E. Cure concrete according to methods described in AHTD
Section 501.
F. Ensure points made during paving operations and at
connection to existing pavement are straight, clear.
vertical and free of broken or loose material.
G. Ensure surface of completed concrete pavement is true
to lines, profiles and elevations indicated, and is
free from depressions when measured with a 10 foot
straight -edge.
U H. Final Finish: Following the straight edging, and
after excess moisture has disappeared, finish surface
as per AHTD Section SC1, including final application
with a metal tine finishing device.
I. Do not allow vehicular traffic on newly paved areas
until surface has cured and achieved a minimum of
1 3CCC psi compressive strength.
3.05 FIELD QUALITY CONTROL
A. Testing laboratory will make in -place tests of
density and moisture content of the subgrade and the
base course in accordance with ASTM D 2922-78. Tests
• shall be taken every 300 feet.
02515-3
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' SECTION 32.`;88
ROADWAY AND PARKING MARKING
FART 1 - GENERAL
1.01 WCRK INCLUDED
A. Providing pavement markings as shown on Drawings.
1.02 RELATED WORK
A. Section. 02515 - Portland Cement Concrete Paving.
II
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1.33 REFERENCE STANDARDS
A. Arkansas State Highway and Transportation Department,
Edition of 1993, Sections 718 & 719.
B. Manual on Uniform Traffic Control Devices CN.;.;TCD), except
as mod:f_ed by these specifications.
1.04 SUHMITTP.LS
A. Ccmply with the requirements stated in the General and
Supplemental Conditions.
1.35 DELIVERY, HANDLING AND STORAGE
A. Deliver primer material in sealed
show the designated name, formula
number, batch number, color, date
manufacturer's name, formulation
directions, all of which shall be
the time of use.
containers that p=aanly
or specification
of manufacture,
number and
p..ainly labeled at
B. Furnish paint in containers not larger than five
gallons.
C. Store paint on project site. Stcre emulsion paints
to prevent freezing.
1.0E SITE CONDITIONS
A. Unless otherwise recommended by the manufacturer apply
thermoplastic pavement marking and primer materials only
when the ambient temperature is between 40 and 95
degrees F.
02588-1
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1.07 UNIT PRICES ,
A. Completed work of thermoplastic pavement markings will be
measured and paid by the linear foot for each width and
type of striping listed in the Bid Schedule. Payment for
thermoplastic pavement markings will be made at the unit
price bid per "word" or "arrow" as listed in the bid
schedule, which price shall include all materials, labor,
tools, equipment, and incidentals necessary to complete
the Work.
PART 2 - PRODUCTS
2.01 MATERIAL I
A. The materials used shall be products especially compounded
for traffic markings. Each container shall be clearly
marked to indicate color, weight, batch or lot number, and
type of material.
PART 3 - EXECUTION
3.01 SURFACE PREPARATION
A. Allow new pavement surfaces to cure for a period of
not less than 30 days before application of marking
materials.
B. Thoroughly clean and prime concrete surfaces to be marked
before application of paint. Remove dust, dirt, and other
granular surface deposits by sweeping, blowing with
compressed air, rinsing with water or a combination
of these methods as required.
C. Completely remove rubber deposits, surface laitance,
existing paint markings, and other coatings adhering
to the pavement with scrapers, wire brushes,
sandblasting, approved chemicals, or mechanical
abrasion as directed.
D. Where oil or grease are present on old pavements to
be marked, scrub affected areas with several
applications of trisodium phosphate solution or other
approved detergent or degreaser, and rinse thoroughly
after each application. After cleaning, seal oil -
soaked areas with cut shellac to prevent bleeding
through the new paint.
3.02 EQUIPMENT
A. General: Use only approved machines, tools, and
equipment. Maintain equipment in satisfactory
02588-2
H
operating conditicn. Hand -operated push -type
machines cf a type coamonly used for appiicaticn cf
paint to pavement surfaces will be acceptable for
marking small street and parking areas. Use
applicatcr machine equipped with the necessary paint
tanks and spraying nozzles. Equipment shall be
capable cf applying paint uniformly at coverage
specified. Provide sandblasting equipment as
required for cleaning surfaces to be painted. Use
hand -operated spray guns for use in areas where push -
type machines cannot be used.
B. Sandblasting Equipment: Sandblasting equipment shall
include an air compressor, hoses, and nczzles cf
proper size and capacity as required fcr cleaning
surfaces to be painted. The compressor shall be
capable of furnishing not less than 15C c.f.m. of air
at a pressure of not less than 90 psi at the nozzle
fcr each nozzle used.
1 3.03 APPLICATION
A. Rate of Application: Apply paint evenly to the
pavement surface to be coated to a thickness of 90 m'_ls
is minimu.-n of 1584 pounds per mile of 4" line).
B. Paint: Apply paint in stripes of specified width to
clean, dry surfaces, unless otherwise approved, only
when air and pavement temperature are above 40 F and
less than 95 F. Ma:nta:n paint temperature within
these limits. Apply paint pneumatically with
approved equipment at rate of coverage specified
herein. Provide guide lines and templates as
• necessary to control paint application. Take special
precautions in marking numbers, letters, and symbols.
Sharply cutline all edges of markings. Maintain the
maximum drying time requirements cf the paint
specifications to prevent undue softening of bitumen,
and pickup, displacement, or discoloration by tires
of traffic, if there is a deficiency in drying of
the markings, discontinue painting operations until
cause of the slow drying is determined and corrected.
3.04 PROTECTION
A. Prevent damage to newly painted surfaces by either
placing small markers along newly painted lines or
controlling traffic to keep vehicles away from area
of newly painted lines.
END OF SECTION
02588-3
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SECTION 02616
DUCTILE IRON PIPE AND FITTINGS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Furnishing ductile iron pipe and cast iron or ductile
fittings for utility line construction.
1.02 RELATED WORK
A. Section 02640 - Valves and Hydrants.
B. Section 02713 - Water Line Construction
C. Section 02732 - Sanitary Sewer Gravity Lines.
1.03 REFERENCE STANDARDS
A. AMERICAN WATER WORKS ASSOCIATION (AWWA):
1. AWWA Standards.
PART 2
- PRODUCTS
2.01
ACCEPTABLE MANUFACTURERS
A.
American Cast Iron Pipe Co.
B.
Griffin Cast Iron Pipe Co.
C.
McWane Cast Iron Pipe Co.
D.
Pacific States Cast Iron Pipe Co.
E.
U.S. Pipe and Foundry Co.
2.02
PIPE
A.
Ductile Iron: Pipe manufactured in accordance with
ANSI A21.51 (AWWA C151).
1. Working pressure: 200 psi.
2. Metal wall thickness class:
a. Size 6" - 24": Class 50 or 51.
b. Size 30" and up: Class 52.
3. Cement mortar lining and seal coat: ANSI A21.4
(AWWA C104).
4. Joint: Mechanical or push -on conforming to ANSI
A21.11 (AWWA C111).
02616-1
fl
2.03 FITTINGS
I
A. Design working pressure: 250 psi in accordance with
ANSI A21.10 ;AWWA CI:0;.
B. Cement mortar lining and sea] coat ;except sleeves
and plugs): ANSI A21.4
C. Joints:
1. Mechanical
joint:
a.
Manufactured according
to
ANSI A21.11 (AWWA
iill) .
b.
Furnished with cast
iron
glands, cast nor
-
bolts and nuts, and
plain
rubber gaskets.
2. Push
-on joint:
a.
Body thickness and
radii
of curvature: ANS=
A21.10 (AWWA C110).
b.
Joint: ANSI A21.11
(AWWA
).
2.04 ANCHOR FITTINGS
A. Design work_nq pressure: 250 psi.
B. Designed to fit standard mechanical 'cint fittings
(AWWA C111}.
C. Furnish with 36C degree rotating gland on one end and
integral cast follower gland or. the other, with
protruding p;a'-n ends.
PART 3 - EXECU'=CN
3.01 INSTALLATION
A. All iron pipe and fittings shall be wrapped with 8 mil
polyethylene sleeves and field taped with Polyken #900 or
Scotchwrap #50 at leas:, 2 inches wide in accordance with ANSI
A21.5/AWWA cos. Sleeves shall be applied prior to backfillinq
and concrete Mocking installation. No galvanized `fittings will
be allowed.
B. Install water and sewer pipe as per Section 02713 d
Section 02'32.
END OF SECT;CN
C2616-2
SECTION 02640
VALVES AND HYDRANTS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Gate valves at pump station discharge.
1.02 RELATED WORK
A. Section 02616 - Ductile Iron Pipe and Fittings.
B. Section 02732 - Sanitary Sewer Gravity Lines.
1.03 REFERENCE STANDARDS
A. American Water Works Association (AWWA):
1. AWWA C500 - Gate Valves - 3 inch through 48 inch
For Water and Other Liquids.
2. AWWA C502 - Fire Hydrants for Ordinary Water
Works Service.
3. AWWA C504 - Rubber -seated Butterfly Valves.
PART 2 - PRODUCTS
2.01 MANUFACTURERS
A. Gate Valves:
1. Mueller Company, Decatur, Illinois.
2. Clow Corporation, Oskaloosa, Iowa.
3. American Valve and Hydrant Company, Birmingham,
Alabama.
B. Hydrants:
1. Mueller Company, Decatur, Illinois.
2.02 MATERIAL
A. Gate Valves 3 inch through 12 inch with resilient
seat:
1. Conform to AWWA C509.
2. Design working pressure: 200 psi.
3. Bronze mounted iron bonnet, non -rising stem,
double -disc paralled seat type, O-ring stem
seals.
4. 2 inch x 2 inch square operating nut.
5. Valves shall open when operating nut is turned
clockwise.
B. Gate Valves used with tapping sleeves: Use resilient
02640-1
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' C. valve Bnvn-
1.
Equal to Mueller Cc., OM -10364, 562-A.
2. Two-piece, sliding type, 5 1/4 inch shaft, 24-36
inch extensions.
' 3. Drop cover with word "WATER" cast into top
surface.
D. Hydrants:
1. Fire Hydrant shall he 5 :/4" Mueller A423.
2. Hydrant to have 1 1/4" pentagonal operating nut.
' 3. Hydrant to have 2 1/2" hose nozzels & one 4"
pumper nozzle.
4. Fire Hydrant to be painted white with
reflectorized beads.
' E. Concrete and Steel for thrust blocks and collars:
Refer to Section 03001.
' PART 3 - EXECUTION
3.01 INSTALLING VALVES
A. Setting valves:
1. Place valves in pipe lines at points designated.
' 2. Cut pipes to proper length and bevel ends as
specified in this section.
3. Place valve with stern vertical with clearance for
nstal;ation of valve box.
' 4. Place valve on firm soil or on blocking as shown
on :eta:: Drawing.
' B. Jointing valves:
I. Joint valves in accordance with methods of
Jointing pipe as specified in this section.
2. Joint valves with mechanical joint ends as
specified in this section fcr mechanical join_t
pipe and fittings.
C. Setting valve boxes:
1. Install valve boxes over operating nut of each
valve.
' 2. Ensure that box is of adequate length to reach
finish ground or paved surface.
3. Provide va:ve stern extension on valve when height
to finished surface exceeds five feet.
D. Setting Hydrants:
1. Install hydrant as shown on Standard Detail.
2. Pumper nczzle should face the street.
C264C-2
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SECTION 02713
WATER LINE CONSTRUCTION
PART 1 - GENERAL
1.0: SECTION TNCLUDES
A. Providing water line pipe, fittings, and
a'fl urtenan'_.es.
1.02 RELATED SECTIONS
' A. Section. C2616 - Ductile Iron Pipe and Fittangs.
B. Secticn 02640 - Valves and Hydrants.
1 C. Section 030C1 - Concrete Work.
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1.03 SYSTEM DESCRIPTION
A. Install tapping s]eeve and valve and extend existing
water main of Fayetteville Water Works water
distribution. system.
1.t4 :,"NIT PRICES
A. Water Lines: Completed and accepted ductile iron and
PVC water line wil] be measured by the lineal foot of
pipe with the total length of each segment being
determined by measuring parallel to the far end of
the last pipe section laid. measurement will be made
through valves and fittings. Payment will be made at
the unit price bid per lineal foot for the various
sizes and type of water line which price shall
include excavation, bedding and backfili for water
line, the caskets and lubricant, all other materials
and a.. labor, tools, equipment, and incidentals
necessary to complete the Work.
B. Fittings: Cast iron fittings will be measured by the
pound based on nominal weight of each type as
published in the latest edition of the DIPRA
Handbook, or by each fitting if so stated on the bid
form. Payment will be made at the unit price hid per
pound or per fitting, and shall include all labor,
tools, equipment, and materials necessary to complete
the Work.
C. Flushing Assembly: Completed and accepted flushing
assemblies will be measured on a per each basis and
will be paid for at the unit price bid per each fcr
02713-1
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"Flushing Assembly" of the size indicated, which ,.
price shall be full compensation for excavating and
backfilling; blocking; furnishing all materials;
assembling and installing; and for all other labor,
tools, equipment, and incidentals necessary to
complete the Work.
PART 2 - PRODUCTS '
2.01 MATERIALS
A. Ductile Iron Pipe and Fittings: Refer to Section
02616.
B. Valves and Hydrants: Refer to Section 02640.
C. PVC pipe, 2" through 8": ,
1. General: PVC (Polyvinyl Chloride) pipe shall be
made from Type 1, Grade 1 , Polyvinyl Chloride
plastic conforming to ASTM D1784 or AWWA C900,
with outside dimensions of ductile iron pipe.
The pipe shall conform to ASTM D2241 as it
applies to Type 1, Grade 1, Polyvinyl Chloride
plastic, SDR 13.5, water pressure rating of 315
psi at 73.4 degrees F. for 2 thru 8 inch nominal
pipe sizes. The pipe and fittings shall conform
to the specifications of the National Sanitation
Foundation Testing Laboratories, Ann Arbor,
Michigan.
2. Pipe Joints: The joints shall be designed so
that the pipe and fittings shall be connected on
the job with the use of rubber gaskets. The pipe
and fittings shall have a push -on joint
consisting of a single rubber gasket designed to
be assembled by the positioning of a continuous,
molded rubber ring gasket in a recess in the
joint, thereby compressing the gasket radially to
the pipe to form a positive seal. The gasket and
the angular recess shall be so designed and
shaped that the gasket is locked in place against
displacement as the joint is assembled. Gasket
dimensions shall be in accordance with
manufacturer's standard design dimensions and
tolerances and shall be of such size and shape as
to provide an adequate compressive force against
the plain end and socket after assembly to effect
a positive seal under all combinations of joint
and gasket tolerances. Gaskets shall be
vulcanized natural or vulcanized synthetic
02713-2
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rubber. The joint shall be designed to withstand
1 the sane pressure required for the pipe. A::
plait', ends should be extended into the socket.
The joint sha.l be designed so as to provide for
the thermal expansion or contraction experienced
' with a temperature change cf at least 75 degrees
F. Plain end by plain end pipe ccnnected by a
coupling provided with rubber gaskets and a
center stop will be acceptable.
3. Pipe Length: Manufacturer's standard lengths of
' lE to 20 feet.
4. Fittings, 6" & 8" ?:pe: Fittings and specials
connecting with pipe shall conform to AWWA short
• or long bodied cast iron fittings using a
mechanical joint system with hardened or duck
tipped type of rubber gaskets in accordance with
AWWA specifications C-110 and C -Ill. Refer to
Section 02616.
5. Markings: A:: PVC pipe and 4" and smaller
fittings shall have the following data applied to
• each piece:
a. Nominal size.
' b. Type of mater.
• SDR or lass
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d. Manufacturer's name.
e. NSF National Sanitation Foundation) seal of
approval.
1 PART 3 - EXECUTION
3.fli 01 INSTA:,:.A ON
A. Where unstable conditions or rock formations are
found at pipe grade the trench shall be undercut at
leas: six inches and filled to proper grade with
stable material such as crushed rock, grave_, or
sand. A minimum bedding of 6" is required
regardless of trench conditions when laying PVC or
DIP. Al: trenches shall be graded with
depressions for pipe bells so that no pipe will
' be supported on its bell; pipe support shall be
continuous and uniform along the entire length of
the pipe barrel.
B. Bedding and stabilization will not be a separate
item but will be considered as part of the bid
' 02 713-3
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price per foot for pipe. 1
C. Ductile Iron pipe shall be layed in accordance ,
with AWWA Standard O600-77. PVC pipe shall be
layed in accordance with ASTM Standard D2774. All
pipe shall be layed with a minimum of three feet of
cover from finish grade. Where shown on the Plans
or as directed by the Engineer, additional cover
may be required to provide for future grading of
the site. Water pipe shall be laid to straight and
uniform alignment with a minimum deviation from the
alignment shown on the Plans and as staked by the
Engineer.
D. Horizontal and vertical deflections per joint shall
not exceed the manufacturers recommendation.
Installation and blocking shall be shown on the
Standard Details.
E. Pipe laying will not be a separate pay item but
shall be considered as part of the bid price per
foot of pipe.
F. DIP and PVC pipe shall be backfilled with sand,
silt or small -grained material of which 100% will
pass a 3/4 inch sieve to a minimum of 6" above the
top of the pipe.
G. Backfill material from 6" above the pipe to finished ,
grade shall be select material, free of large rocks
or boulders and organic material, and placed in six
to 12 inch lifts and tamped to the density of the
native material.
H. Backfill will not be a separate pay item but will
be considered as part of the bid price per foot for
pipe.
3.03 TESTING AND STERILIZATION
A. Allowing a lapse of at least five days after
placement of thrust or backing blocks, all newly laid
pipe and its appurtenances or any valved section
thereof shall be subjected to pressure and leakage
tests. The equipment shall be provided and tests
shall be conducted by the Contractor in the presence
of the Engineer and/or city representative.
1. Pressure Test. For the pressure test, the pipe
02713-4 '
segment shall be filled with water, taking care at
such time to expel all entrapped air. Thereupon,
the pressure measured at the high point cf the
line shall be increased by pumping tc 2CC PSI or
1 1/2 times the working pressure, but not less
than. 2C0 PSI, and shall be maintained at this
level for two hours or whatever longer period as
may be necessary for the Engineer to complete
inspection of the line under test and to locate
any and all defective joints and pipe line materials.
If repairs are needed, they will be made, the line
• refilled, and the test procedure repeated until
satisfactory results are obtained.
2. Leakage Test. Thereafter, the force main and
appurtenances or a section thereof shall be
subject to a leakage test. The pressure shall
be maintained at 150 PSI or 1 1/2 tames the
working pressure, whichever is the greater, at
the high point of the line, and the water being
lost by leakage from the main shall be metered
continuously for a period of not less than two
;2) hours. Allowable leakage shall be as per
AWWA Standard C6CC-77, or the latest revision
thereto.
B. Testing will not be a separate pay item but will be
considered as part of the bid price per foot for
pipe. After acceptance by the City for use and
maintenance, the Contractor will be liable for a
period of one yea= for any defects that occur due
tc installation or material.
C. All pipes are to be sterilized, after laying is
completed by holding a chlorine solution of at
least 50 PPM strength in the pipes for 24 hours.
Sterilization may be carried or. at the same time
the leak test is made as outlined in the paragraph
above. After the lines are sterilized, samples
' shall be taken from each of the respective sections
of the lines and tested in an approved laboratory.
The lines shall not be placed in operation until
• two consecutive samples showing negative reports
are received on each of the respective sections.
1 EN: CF SEC'::CN
02713-5
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SECTION 02720
STORM DRAINAGE
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Pipe culverts.
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B. Concrete curb inlet structures and junction boxes. I
C. Connection to existing concrete drainage structures.
1.02 RELATED SECTIONS
A. Section 02212 - Roadway Grading.
B. Section 02220 - Structure Excavation and Backfill.
C. Section 03001 - Concrete Work.
1.03 UNIT PRICES
A. Pipe Culvert: Completed and accepted pipe culvert
will be measured by the lineal foot of pipe with the
total length of each segment being determined by
measuring parallel to the pipe flowline from the open
end of the pipe to the far end of the last pipe
section at the inlet or outlet structure. Payment
will be made at the unit price bid per lineal foot
for the various sizes and types of pipe culvert,
which price shall include excavation and stone backfill,
the sealant and primer, connecting bands, and all
other materials, labor, tools, equipment and
incidentals necessary to complete the Work.
B. Curb Inlets and Junction Boxes: Completed and
accepted curb inlets, and junction boxes will be
measured on a per each basis. Payment will be made
at the unit price bid per each for curb inlets or
junction boxes, which price shall be full
compensation for all excavation and backfill, all
other materials, and all labor, tools, equipment and
incidentals necessary to complete the Work.
PART 2 - PRODUCTS
2.01 PIPE CULVERTS
A. Reinforced Concrete Pipe (RCP): ASTM C76-78, Class
02720-1
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1. N.aterial: Concrete and reinforcing steel.
2. Shape: Circular.
3. Sizes: As shown on raw:ngs.
B. Joint Material:
1. Cold -applied preformed plastic gasket type
• sealant conforming to Federal Specification SS-5-
CC21G.
2. Primer: As specified by the manufacturer.
C. Bitumincus Coated Corrugated Steel Pipe(CMCP):AASHTO
M36 and AASHTO M190.
1. Material: Steel ;polymeric precoated galvanized,
type B 1C mil both sides)
2. Type: Helically corrugated 2-2/3" x 1/2", 16
gauge or as specified on Drawings.
3. Sizes: As shown or. Drawings.
D. Corrugated Polyethylene Pipe (CPEP): AASH_'C
M-294 and ASTM-1248, Type III.
1. Material: Virgin. Polyethylene compounds,
uniformly pigmented, with no cracks or creases.
The pipe shall have a minimum pipe stiffness at
five percent deflection as follows when tested in
accordance with M294:
Diameter Pipe Stiffness
• 12 inches 45 psi
• 15 42
18 40
• 24 34
30 28
36 22
2. Type: "S" - Fu_: circular cross-section with an
outer corrugated wall and a smooth inner wall.
3. Sizes: As shown on draw'_ngs.
E. Couplings for CPEP
:. Couplings shall be corrugated to match the pipe
corrugations and shall provide sufficient
longitudinal strength to preserve pipe alignment
and prevent separation at the joints. Couplings
shall be be:: and spigot, split collar, or screw-
• on collar.
1 2.02 CURB INLET STRUCTURE ANC JUNCTION BOX
02720-2
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A. Concrete and reinforcing steel:
1. Refer to Standard Detail.
2. Refer to Section 03001 and ACI 301.
B. Manhole rings and covers: ASTM A 48, Class 30A.
1. Material: Cast Iron, solid cover.
2. Size: 24 inch diameter with ring depth equal to
concrete thickness.
2.03 BEDDING AND BACKFILL MATERIALS
A. Select Backfill Material: Soil excavated from trench
or sub -soil from site that is free of rocks larger
than 1-1/2 inches in greatest dimension, and free of
frozen soil, large clums of soil, muddy soil,
organic matter and foreign materials.
B. Class I Bedding Material: Angular, graded stone, 1/4
inch to 1-1/2 inch size.
PART 3 - EXECUTION
3.01 CONCRETE PIPE CULVERT INSTALLATION
A. Excavate and backfill the trench in accordance with
the provisions of Section 02220.
B. Grade the bottom of the trench to provide a firm
bedding surface of uniform density along the entire
length of the pipe.
C. Shape the bottom of the trench to conform to the
bottom one quarter of the outside diameter of the
circular pipe.
D. Lay the pipe beginning at the downstream end with the
groove end of the pipe placed facing upstream.
E. Join pipe using specified cold applied preformed
plastic joint sealant. Clean the pipe joint surface
and prime, if recommended by the manufacturer, brush
on and allow to dry. Remove protective wrapping from
one side of the rope. Lay rope strip side up on the
surface of the pipe joint and press the strip firmly
to surface of pipe joint end to•end continuing around
the entire circumference of the joint. Remove the
remaining protective wrapping and force pipe into
connection until material fills the joint space.
F. To insure an even and well filled joint, accomplish
the final joining of the pipe by either pushing or
02720-3
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pulling by mechanical means each joint of the pipe as
it is laid.
G. In cold weather, either warm the joint material in a
hot water bath, or by other approved methods, tc the
extent required to keep the material pliable for
placement without breaking or cracking, or use butyl
rubber type joint sealant.
H. In areas not under pavement of structure "slice -in"
the bedding material under the haunches of the pipe
with and then hard tamp or mechanical tamp the
backfill up to the horizontal centerline of the pipe.
I. Under pavement and structures, compact Class I. backfill
on the sides of the pipe to the required densities
specified in Section 02220 using mechanical tamps
• with the top 12 inches of subgrade compacted to 95%
of the soils Modified Proctor maximum dry density at
or near the optimum moisture content.
3.02 CORRUGATED META:., PIPE CULVERT :NS:ALLA=ON
• A. Excavate subsoil to depth and grade line as required
• for proper installation of the culvert pipe. Keep
trench as narrow as possible but sufficiently wide to
permit tamping under the haunches and installation of
connecting band when sections are joined. Keep
sidewalls as vertical as possible, at least tc an
elevation above the top of the pipe.
B. Grade bottom of trench to provide a firm bedding
surface of uniform density along the entire length of
the pipe. Remove rock or soft, unstable material
• encountered at the excavated grade line to a minimum
depth of 6 inches and replace with Class I bedding
material.
C. Shape bottom of trench to conform to bottom one
quarter of the outside diameter of the circular pipe
• and up to the widest part cf arch pipe, allowing a
• uniform blanket of loose material to cover the shaped
bedding to a depth sufficient to allow the
• corrugations to be filled with the material.
D. Place corrugated metal pipe or. bedding with
longitudinal laps or seams, if any, at the sides. To
assemble sections of pipe, place corrugated
connecting band around or under the first pipe, then
lay the second pipe section with the corrugations
matching and the adjacent ends butting together.
Keep dirt and gravel out of joint so that
C2?20-4
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corrugations fit snugly. Fasten bolts on band 1
tightly and uniformly.
E. Place backfill material in 4 inch layer under
haunches alternately on both sides of pipe, using
Class I bedding material. Slice -in with a shovel
under the haunches to eliminate voids. Using select
backfill material, place material in 6 inch lifts
alternately on each side of pipe up to widest part at
arch pipe, and using hand tamps or mechanical
tampers, compact each lift to a minimum of 90% of
optimum density for the material as determined by
Standard Proctor procedures, ASTM D-698. If Class I
bedding material is used, place the material in such
manner as to eliminate voids and consolidate and
interlock the material to form a stable side support
for the pipe. ,
F. In locations not in traffic areas, hand place select
backfill to a level 12 inches above the top of the
pipe in such manner as to minimize voids. Backfill
up to surrounding ground surface or finished subgrade
with subsoil containing no rocks or boulders larger
than 6 inches in greatest dimension, except do not
allow rocks or hard clumps larger than 1-1/2 inches
in greatest dimension within 12 inches of the
subgrade. Leave top of backfill slightly mounded to
allow for settlement.
G. Under traffic areas, backfill trench from horizontal
bedding of pipe up to top of subgrade using Class I
bedding material. Place Class I bedding material in
such manner as to minimize voids and interlock the
material to form a stable fill that will support the
pavement structure and subsequent traffic loads.
H. Patch cut edges and surface -damaged areas with
specified patching material to restore protection to
metal surface originally provided by polymer coating.
3.03 CORRUGATED POLYETHYLENE PIPE CULVERT INSTALLATION
A. Follow proceedures outlined above for corrugated
metal pipe installation using appropriate couplings
for CPEP pipe. -
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02720-5
3.04 CONCRETE STRUCTURES INSTALLATION
A. Forn:ng concrete, placing reinforcing steer and
placing and curing ccncrete: Refe_ to Section 03001
and AC. 301.
B. Excavation and Sackful: Refer to Section 02220.
END OF SECTION
02723-6
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SECTION 02722
PIPE UNDERDRAINS
PART 1 - GENERAL
1.01 WORK INCLUDED ,
A. Excavate trench as shown on the plans.
B. Install 4" pipe and backfill.
C. Tie curb inlet box shown on the plans. I
1.02 RELATED WORK
A. Section 02212 - Roadway Grading. ,
B. Section 02400 - Drainage.
C. Section 03001 - Concrete Work.
1.03 REFERENCES '
A. Arkansas State Highway and Transportation Dept.
(AHTD): Section 611.
1. Standard Specifications for Highway Construction,
Edition of 1993, hereafter referred to as "AHTD
Standard Specifications".
1.04 UNIT PRICES
A. The completed Work of providing 4" Pipe Underdrain
will be paid by the linear foot, measured parallel to
the flow line of the pipe. Work completed and
accepted will be paid for at the contract unit price
bid per lineal foot for 4" Pipe Underdrain, which
price shall be full compensation for excavation and
backfill, for furnishing materials, including
necessary fittings, bands, or joint filler, and
for all labor, tools, equipment, and incidentals
necessary to complete the work.
PART 2 - PRODUCTS
2.01 PIPE UNDERDRAIN MATERIALS
A. Pipe: Corrugated Polyethylene Tubing. The tubing
shall be the heavy duty type and shall conform to the
02722-1
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requirements of AASHTO M252. In addition, the pipe
1 shall have a stiffness of 30 psi at 10% deflection.
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B. Granular FL: Granular filter material shall meet
the requirements of AHTD subsection 403.01 and 403.02
for Class 4 Mineral Aggregate.
PART 3 - EXECUTION
3.01 PIPE INSTALLATION
IA. Excavate trench at the location shown on the plans or
as directed by the Engineer.
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B. Excavate to a depth to intercept subsurface water
flow or as directed by the Engineer.
C. Lay pipe as specified with perforation down and the
pipe sections joined securely with the appropriate
coupling fittings or bards, or joint filler. The
high end of the pipe shall be closed with suitable
plugs to prevent entry of soil materials.
D. After the pipe installation has beer. inspected and
approved, granular filter material shall be placed to
a minimum height of 12" above the top of pipe. The
remainder cf the trench shall be backfilled with
excavated material and compacted with mechanical
equipment.
E. Tie downstream end of underdrain to curb inlet boxes
as shown on the plans. Maintain positive flow
through pipe underdrains at all times during
construction.
END CF SECTICN
02722-2
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SECTION 02732 1
SANITARY SEWER GRAVITY LINES
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Providing sanitary sewer gravity lines and related
appurtenances shown on the Drawings.
1.02 RELATED SECTIONS
A. Section 02616 - Ductile Iron Pipe and Fittings.
B. Section 02736 - Sanitary Sewer Manholes.
C. Section 03001 - Concrete Work.
1.03 REFERENCES
A. American Society for Testing and Materials (ASTM):
1. ASTM D3033 Specifications for Type PSP Poly Vinyl
Chloride (PVC) Sewer Pipe and Fittings.
2. ASTM D3034 Specifications for Type PSM Poly Vinyl
Chloride (PVC) Thermoplastic Sewer Pipe.
1.04 UNIT PRICES I
A. Trenching and backfilling: Completed and accepted
Work of trenching and backfilling for sanitary sewer
lines will be measured on a lineal foot basis
according to depth. Depth of trenches will be
determined from the cut sheets given to the
Contractor, using the difference in elevation between
the ground elevation at the centerline and the
designated flowline elevation of the pipe. Length of
trenches will be measured horizontally through
manholes, wyes, and fittings. The Work will be paid
for at the unit bid price per lineal foot for
"Trenching and Backfilling" for the applicable range
of trench depths listed in the Bid Schedule, which
price shall be full compensation for trenching,
backfilling, dewatering, compacting where necessary,
maintaining top of trench, grading surfaces and
cleaning up easement.
B. Sanitary sewer gravity line: Completed and accepted ,
Work of bedding and placing pipe will be measured on
a lineal foot basis and will be paid for at the unit
price bid per lineal foot for "Sanitary sewer line"
of the size and type listed in the Bid Schedule,
02732-1 1
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which price sha] 1 be full compensation for preparing
the bedding; furnishing the pipe; handling, placing,
and jointing the pipe; providing fittings except when
listed separately in the Bid Schedule; and fcr all
other materials, labor, tools, equipment and
incidentals necessary to complete :.he Work, including
providing bedding material for the type designated,
and leakage testing.
C. Connection to existing manhole: Completed and
accepted Work of breaking into the existing manhole
and correcting new sanitary sewer line will be
1 measured on a per each basis and will be paid for at
the unit price bid per each for "Connection to
existinc manhole", which price shall include breaking
cut the existing wall, removing of damaged material,
setting pipe, rebuilding manhole wall to achieve
watertight joint, backfillirg, all other labor,
tools, material, and equipment necessary to complete
the Work.
PART 2 - PRODUCTS
2.01 PIPE MATERIAL
A. Ductile Iron Pipe: Refer tc Section 02616.
B. PVC Sewer Pipe: D3034 (PSMO;
Material: Poly vinyl chloride have cell
1 classification of 12454-B, with minimum tensile
modules of 50-3,333 psi, as defined in ASTM D17E4.
2. Minimum wall thickness: SDR-26.
3. Joints: Compression -type flexible gasketed
joints with gasket confined in machine groove in
spigot end of pipe.
4. Length: Manufacturer's standard length not to
exceed 20 feet.
2.C2 CONCRETE MORTAR
A. Mix one part portland cement with four parts sand and
add minimum quantity of water as necessary to provide
workable mortar.
2.03 BEDDING AND BACKFILL MATERIALS
A. Select Backfill Material: Soil excavated from trench
or sub -soil from site that is free of rocks larger
than 1-1/2 inches in greatest dimension, and free of
frozen soil, large cluurps of soil, muddy soil,
organic matter and foreign materials.
' 02732-2
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B. Class I Bedding Material: Angular, graded stone, 1/4 I
inch to 1-1/2 inch size.
PART 3 - EXECUTION
3.01 EXCAVATION - GENERAL
A. Excavate to line and grade shown on Drawings or as
established on the site.
B. When excavation is carried below that required, fill
space with concrete, approved gravel, or compacted
select material.
C. Provide sheeting and shoring where necessary to ■
protect workmen,. the work, or adjacent property.
1. Leave shoring in place until backfill has
proceeded to point where it can be safely
removed.
D. De -water excavations before undertaking any ,
construction therein.
1. Place concrete only upon dry, firm foundation
material.
2. Lay pipe only in dry trenches or on dry bedding.
3.02 EXCAVATION - TRENCH
A. Excavate trench widths within limits established as
follows for pipe size used:
Nominal Pipe Min. Width Max. Width of Trench
Diameter of Trench 12" Above Top of Pipe
6" 1'-6" 2'-6" I
8" 1'-8"
10" 1'-10" 2'-10" a
B. If necessary to reduce earth load on trench banks to
prevent sliding and caving, cut trench banks on a
slope above an elevation two feet above outside top
of pipe.
C. Keep sides of excavation vertical from bottom of
trench to 12 inches above top of pipe.
D. For rigid pipe, excavate trench to a minimum of 6"
below design grade of bottom of pipe to allow for
Class 1 bedding material. Ensure that trench bottom
is firm, dry, and free of loose.material. If water
is standing or flowing into trench bottom, attempt to
provide dry, firm soil foundation for pipe by pumping
02732-3
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water out of below -grade sump before over -excavating
and bac:kf_l_:nq with gravel.
E. Where granular bedding material under pipe is
specified, excavate to below designated grade of pipe
barrel tc allcw for depth of bedding material. Grade
bottom cf trench approximately level across, and
within 0.05 foot of designated slope of line at any
point. Ensure that trench bottom is firm, dry, and
free of loose material.
F. If soil in trench bottom below pipe barrel or below
bedding material is mucky, or too soft to properly
support the pipe, or in such condition that it cannot
be properly shaped and graded, excavate to a minimum
depth of 6 inches below normal subgrade elevation to
firm soil avid refill with Class I bedding material to
the pipe subgrade elevation.
G. Where water occurs in trenches after placement of
bedding material cr gravel backfill, and the
foundation :s otherw-se stable, pump water out of
trench from sump below gravel so as to hold water
level below bottom of pipe until joints have beer.
placed and pipe firmly bedded in position and
jointed. This Work of dewatering shall be included
in the price bid for sewer line constriction.
B. Dc not excavate more than. 100 feet ahead of pipe
installation and backfill, except by permission of
Engineer.
I. Direct surface runoff water away from trenches into
• existing drainage structures and ditches in such a
• manner as tc prevent flooding of streets or private
property.
C. ?_=e excavated material in a manner that will not
endanger the Work and that will avoid obstructing
sidewalks and driveways. Keep street drainage swales
clear or make other satisfactory provisions or street
drainage.
K. Remove excess material and material unsuitable for
backfilling from public rights of way and utility
line easements.
3.03 BEDDING AND BACKFILLING SEWER LINES
A. 3edding of rigid pipe:
_. Grade trench bottom of bedding material to
02%32-4
provide full length support of pipe barrel to 1
designated slope of line.
2. Excavate for bells or other joint protrusions.
3. Bed ductile iron pipe using a minimum of 6"
Class I bedding to a point 6" above the pipe. I
4. Lay pipe as specified in this section.
5. Hand -place bedding material in trench bottom on '
each side of pipe using Class I material at
proper moisture content.
6. Slice -in bedding material with shovels under pipe
haunches to eliminate voids and provide side
support.
7. Bring material up evenly on each side of pipe
along full width of trench.
8. Backfill using select material from 6" above the
pipe to the surface, in maximum 4 -inch layers and
consolidate with up to pipe centerline. I
B. Bedding flexible pipe:
1. General: Refer to Standard Detail bound in Drawings.
2. Use Class I bedding material for bedding,
haunching, and initial backfill. a
3. Grade bedding material to provide full length
support of pipe barrel at designated slope of
line. a
4. Excavate for bells.
5. Place and joint pipe as specified in this
section.
6. Hand place Class I material in thin layers on
each side of pipe without disturbing line or
grade of pipe.
7. Slice -in bedding material with shovel under pipe
haunch to eliminate voids and provide side
support.
8. Bring material up evenly on each side of pipe and
above top of pipe a minimum of 6".
02732-5
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C. Back`_illirg rigid pipe:
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1. Begin backfilling immediately after pipe laying
and embedment.
2. Hand -place select material beginning from a point
of 6 inches above top of pipe in such manner as
to minimize voids.
3. Backf::: trenches not under structures or paving
areas with excavated material or sub -so:: up to
surrounding ground surface.
a. Do not use material of a perishable, spongy,
or otherwise unsuitable nature and do not
place rocks larger than 6 inches in greatest
dimension within 36 inches of top of pipe.
b. Do not place rock larger than 1-1/2 inches in
greatest dimension within :2 inches of top of
surrounding ground.
c. Leave trench slightly mounded above top of
pipe to allow for settlement.
4. Under structures cr vehicle traffic areas,
backfill trench frcir. abcve ton of initial
backfill to top of subgrade with Class I granular
material:
a. place material in uniform layers of maximum
6 -inch loose thickness and compact each layer
up to subgrade elevation to a density of 95%
of optimum density as determined by ASTM
u69E, Standard Proctor procedures.
D. Backfillirg - flexible pipe:
1. Hand place select material from a point 6 inches
above top of pipe in such a manner as to minimize
voids.
2. Continue backfilling in same manner a described
above for hackfilling rigid pipe.
E. Maintaining trenches:
1. Maintain top of trenches during warranty period
of contract., adding material as backfill material
setCes.
2. Maintain road and sidewalk crossings -until
pavement has been placed.
3.C4 LAYING PIPE
A. Placing gravity sewer lines:
C2732-6
1. Carefully inspect each joint of pipe before it is
placed in trench, making sure no foreign material
is inside pipe and that it is sound and free from
cracks. Plainly mark damaged joints in such a
manner that marking will not rub or wash off and
remove joint from site as soon as possible.
2. Lower pipe carefully into trench in such manner f
that spigot and bell will not become
contaminated.
3. Grade bedding material to provide full length
support of pipe barrel at designated slope of
line.
4. Excavate for bells.
5. If cutting of pipe is necessary, make cut r
straightly and smoothly without damage to pipe,
removing all burrs.
6. Lay sewer pipe with bell facing up -stream
7. Lay pipe to designated line and grade, using
batterboards and topline, or laser beam grade
light.
8. Do not lay pipe in water or when trench 1
conditions or weather is unsuitable for such
Work.
9. Place pipe on bedding prepared a specified in
this Section.
B. Jointing push -on joint pipe:
1. Check inside of pipe barrel for cleanliness. ,
2. Thoroughly clean bell and spigot ends of pipe;
especially the gasket seat, using wire brush as
necessary.
3. Clean and insert rubber gasket in seat within
bell
4. Apply lubricant as recommended by pipe
manufacturer.
5. Insert spigot end into bell of pipe to which
connection is being made and force to firm
contact with shoulder of bell.
02732-7
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6. Embed pipe and begin initial backfilling
immediately after each joint has been laid and
jointed.
C. At end cf each day's Work, and when laying of pipe
must be discontinued for an appreciable period, cicse
open ends cf pipe temporarily to prevent foreign
matter and water from entering.
3.0` SEPARATION O= WATER ANC SEWER LINES
A. Do not lay sewer lines closer horizontally than 1C
feet from any water line.
B. Where gravity sewer lines cross water lines, lay pipe
with minim-ar. 18 inches vertical separation between
pipe barrels. Lay so that a full joint of pipe :s
centered on water line sc as to have the maximum
distance between joints.
3.06 CONNECTION TO EXISTING MANHOLE
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A. Do not make connection to existing manhole until
other manhole and sewer lines have been completed,
cleaned, tested, and approved for connection to
existing manhole by the Utility or the Owner's
representative.
B. Cut hole of sufficient size in wall of existing
manhole tc permit proper installation of proposed
pipe at designated line and grade.
C. Extend pipe entirely through wall of manhole and fall
opening around pipe with concrete or concrete mortar,
plastering surface on both sides with concrete mortar
so that no leakage will occur.
30? AIR :ES^_NG
IA. Genera:: Perform air leakage test of joints of sewer
mains in presence of representative of the Utility.
Notify Utility 48 hours before planned time to begin
testing.
B. Perform low pressure air test in accordance with ASTM
C828.
C. Leakage testing by low pressure air loss:
02'32-8
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1. Plug all pipe outlets with suitable test plugs. i
Brade each plug securely.
2. Pipe air supply to pipeline to be tested so that
air supply may be shut off, pressure observed,
and air pressure released from the pipe without
entering the manhole.
3. Leave a valved branch in the supply line past the
shut-off valve terminating in a 1/4" female pipe ,.
thread for installation of the test gauge.
4. Add air slowly to portion of pipe under test
until test gauge reads at least 4 psig, but less
than 5 psig.
5. Shut air supply valve and allow at least two
minutes for internal pressure to stabilize.
6. Determine time in seconds for pressure to fall 1
psig so that pressure at the end of time of the
test is at least 2.5 psig.
7. Compare observed time with minimum allowable
times in the chart at the end of this section for
pass/fail determination.
8. Where groundwater level is above the crown of the 1
pipe being tested, test pressure should be
increased accordingly. (0.434 psi for each foot
of ground water above the crown of the pipe at
its lowest point.)
D. Securely brace plugs used to close sewer pipe for the
air test to prevent the unintentional release of a
plug which can become a high velocity projectile.
Locate gauges, air piping manifolds, and valves at
the top of the ground. Do not allow any person to
enter a manhole where a plugged pipe is under
pressure.
E. Repair all joints that fail air leakage tests. Re-
test joints that have been repaired.
F. If no separate item for sewer line testing is
included in the Bid Schedule, include the cost of low
pressure air testing in the price of the item of
which it is a part.
3.08 FLEXIBLE PIPE DEFLECTION TESTING
02732-9
A. Test PVC sewer pipe for obstruction due tc excessive
deflection after it has been aid and backfilled.
B. Perform test by hand -pulling a mandrel through the
pipe. The maximum deflection allowable shall not
exceed 5% of the pipe's internal diameter.
C. Ccrrect al] obstruction exceeding the allowed
deflection.
J. Submit in_`crmat.ion to the Architect/Engineer
verifying that the mandrel design configuration will
detect the maximum allowable pipe deflection.
3.09 CLEANUP
A. General: Cleanup ground surface along route of sewer
lines and round manholes immediately following
completion of backf__:;ng operations. Restore to
original cor_ditioc terrain features in all areas
disturbed or damaged by the Work.
B. Smoothly grade ground surfaces disturbed by the Work,
leaving tops of trenches not under pavement
replacement areas slightly mounded to allow for
settlement. Remove and dispose of all excess
excavated materials including rocks larger than 1-:/2
inch size, trash, and unused materials. in turfed
areas normally maintained by mowing, rake surface
clean, spread any stockpiled top soil and organic
natter, and re -seed or re -sod as necessary to restore
the surface to the condition of adjacent mowed areas
not disturbed by the Work.
C. if no separate item for sewer line cleanup is
included in the Bid Schedule, include the cost of
cleanup Work in the price of the item of which
it is a part.
C2732 -1C
3.13 CHART
LEAKAGE TESTING OF SEWERS BY LOW PRESSURE AIR TEST
ASTM C 828-80
(TIME PRESSURE DROP METHOD)
MINIMUM TEST TIME FOR VARIOUS PIPE SIZES
Nominal
Pipe Diameter T (time)
inches min./100 ft.
4 0.3
6 0.7
8 1.2
10 1.5
12 1.8
15 2.1
18 2.4
21 3.0
24 3.6
END OF SECTION
02732-11
SECTION 02.730'
SANITARY SEWER MANHOLES
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Providing Sanitary Sewer Manholes.
1.02 RELATED
A. Section
B. Section
C. Section
1. F 33 REEREN
WORT{
0220 - Structure Excavation and Backfill.
02 32 - Sanitary Sewer Gravity Lines.
03001 - Concrete Work.
�E STANDARDS
A. American Society for Tes:.inc and Materials (ASTM):
1. ASTM A48 Specifications for Gray Iron Castings.
2. ASTM. C478 Specifications for Precast Reinforced
Concrete Manhole Sections.
1.04 UN-"' PRICES
A. Standard Manholes: Completed and accepted Work of
providing sanitary sewer manholes will be measured or.
a per each basis regardless of depth plus an
allowance for every foot of "extra depth" over four
feet deep measured to the nearest 0.1 foot. Total
depth of each manhole will be measured from flowline
of cutlet pipe to rim. Payment for standard manholes
will be made at the unit price bid per each for
"Standard Manhole" cf the depth range for the various
diameters listed in the Bid Schedule. Payment for
extra depth will be made at the unit price bid per
vertical foot for "Extra manhole depth". Each unit
price shall include all labor, materials, tools,
equipment, and incidentals necessary to complete the
Work.
B. Drop manholes: Drop manholes will be measured and
paid for as described above for standard manholes,
except that an additional payment will be made for
every foot of drop depth, measured vertically from
the flowline cf the cutlet pipe to the flowline of
the inlet pipe projection through the manhole wall at
the top c`_ the drop. Payment will be made at the
02736-1
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unit price bid per vertical foot for "Drop manhole",
which price shall include all labor, materials,
tools, equipment, and incidentals necessary to
complete the Work.
PART 2 - PRODUCTS
2.01 MANHOLE MATERIALS
A. General: Refer to Standard Detail Drawings.
B. Precast Concrete Manholes:
1. Manufacture in accordance with ASTM C-478, except
that lift holes shall be cast completely through
the two walls of each section for the purpose of
handling and laying.
2. Concrete strength: 4,500 psi.
3. Reinforcing: Steel mesh of wires not less than
0.17 inch diameter.
4. Riser and grade rings shall be in one foot
increments up to four feet in length.
5. Cone section shall be eccentric except that
manholes four feet or less shall have flat slab
tops.
6. Construct precast manholes with one foot section
of pipe immediately below cone or top section.
7. Cutouts in bottom sections shall be appropriate
for pipe being laid and shall have identifying
markings to facilitate their being used in
correct locations.
8. Furnish natural or artificial rubber gaskets for
joints below water table. I
9. Manhole steps may be precast in manhole sides of
holes may be left for field grouting in place. I
10. Concrete for base: Refer to Section 03001.
C. Poured -in -place Manholes:
1. Refer to Section 03001 for concrete requirements. 1
02736-2
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2. Concrete strength: 3,000 psi.
3. Forms shall have cut-outs to fit around sewer
pipes so that forms rest upon concrete base.
4. Cone or top section hall be concentric.
L. Manacle Rings and Covers: ASTN A48.
1. Weight: Not less than 250 lbs. combines.
Ly
2.02
A
2.03
2.
Inside
diameter:
24 inches.
3.
Height;
5 inches,
.minimum.
4. Cover shall have removal slct and pin cast into
it.
5. Words "Sanitary Sewer" shall be cast in top
surface of cover.
Manhole Steps:
1. Corrosion resistant coated and reinforced;
accepted manufacturers: Perm Step _00-2 as
manufactured by Utility Products, =nc., San
Antonio, Texas, cr polypropylene coated and
reinforced steps as manufactured by 1CM, inc.,
Jacksonville, Arkansas, or equal.
2. Tread Width:
a. Manholes 10 feet and deeper: 10 inches wide.
b. Manholes less than 10 feet deep: Minimum 6
inches wide.
CONCRETE MORTAR
Mix one part portland cement with four parts sand and
add minimur. quantity of water as necessary to provide
workable mortar.
BEDDING AND BACKFILL MATERIALS
A. Select Material: Scil excavated from trench or sub-
s o__ from site that is free of rocks larger than 2
inches in greatest dimension, and free of frozen
soil, large clumps of so, muddy soil, organic
natter and foreign materials.
02,36-3
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B. Class I Bedding Material: Angular, graded stone, 1/4 1
inch to 1-1/2 inch size.
1
PART 3 - EXECUTION
A. Excavate to line and grade shown on Drawings or as
established on the site.
B. When excavation is carried below that required or
authorized by Engineer, fill space with concrete, or
gravel drainage fill, or compacted select material.
C. Provide sheeting and shoring where necessary to
protect workmen, the work, or adjacent property.
1. Leave shoring in place until backfill has I
proceeded to point where it can be safely
removed.
D. De -water excavations before undertaking any
construction therein. Place concrete only upon dry,
firm foundation material.
3.02 EXCAVATION
A. Excavate for base of manholes only to that necessary
to provide base of minimum required depth with sides
poured against undisturbed earth. If soil foundation
below base is mucky, or too soft to properly support
the manhole, excavate to a minimum depth of 6 inches
below designated soil foundation elevation and refill
with drainage fill material. If this Work is
necessary because of condition not caused by
Contractor negligence, as determined by the Engineer,
it will be paid for as "Extra Gravel in Trench".
B. Excavate above base to provide minimum 24 -inch space
between outer surface of manhole and embankment or
shoring.
3.03 INSTALLATION
A. General:
1. Refer to Section 03001 for poured -in -place
concrete requirements.
2. Refer to Standard Detail Drawings.
02736-4 1
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Pre -cast Manholes:
1. Place concrete base allowing for construction of
invert.
2. Position pre -cast sections carefully upon
concrete base and raise in truly vertica= pane.
3. Fill space between sewer pipe and periphery of
cut-out with mortar or concrete.
4. Fork concrete collar approximately 8 inches wide
around pipe against outside of manhole.
5. Construct all pre -cast manholes with one -foot
section immediately below cone or top section in
order to lower manhole for any future change in
grade.
6. Set manhole rang and cover in brick and mortar to
required grade and provide concrete cap on
outside perimeter.
?. install natural or artificial rubber gaskets for
joints below water table.
8. Make other joints watertight using cement grout
or other approved method.
Poured -in -place manholes:
1. Place concrete base, allowing for construction of
invert; or, p=ace base and manhole
monolithically.
2. If manhole is poured separately from base, fill
cut-outs around pipe with concrete.
3. Pour concrete in forms in no more than l8 -inch
lifts with each layer being vibrated to achieve
geed bend with prior layer.
4. Set manhole ring and cover and concrete cap as
required for pre -cast manholes.
Manhole inverts:
1. Extend pipe lines entirely through manhole to
joints approximately 6 inches outside manhole
except where change in direction, .n pipe size,
or in slope makes such construction unfeasible.
C2736-5
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2. Do not extend pipe through manhole in manholes at I
upper end of line or discharging into an existing
manhole.
3. In all cases, extend pipe or pipes through
manhole wall so that a joint occurs approximately
6 inches outside the manhole wall. I
4. Make depth of invert along line of flow
approximately one-half the diameter of abutting
pipe.
5. Form curves in inverts with a radius as long as
feasible to facilitate flow. I
6. Shape invert to approximate bottom half of pipe
and brush invert surfaces smooth.
7. Slope surface of mortar fill upward from edge of
invert to manhole wall.
8. Make upper half of any pipe extending inside
manhole wall flush with wall.
9. Smooth rough edges with mortar.
10. Make mortar for forming invert by mixing one part
portland cement and four parts sand and adding
minimum quantity of water as necessary to make
mortar workable.
E. Manhole steps:
1. Refer to Standard Detail Drawings.
2. Place first manhole step approximately 27 inches
down from top of manhole ring.
3. Set steps horizontally and extend into wall a
minimum of 4 inches.
4. Stagger steps 8 inches and set not more than 16
inches apart.
3.04
BACKFILL
A. Allow poured -in -place manholes to cure at least 48
hours before backfilling. I
02736-6
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B. Make initial backfill up to E inches above top of
sewer line using Class I bedding material, carefully
working material under pipe haunches to provide side
support to pipes.
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Backfill `-
manhole or
structures
compaction
3.C5 CLEANUP
rcrc top of initial backfill to top of
subgrade as specified for backfilling cf
in Section C2220 for .he type of
requirement applicable.
A. General: Cleanup ground surface around manholes
irz ediately following completion of backfilling
operations. Restore to original condition terrain
features in all areas disturbed or damaged by the
Work.
END OF SECTION
C2736-7
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SECTION 02931
SEEDING
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Topsoil work, liming, fertilizing, seeding and
mulching of finish -graded slopes and areas disturbed
by construction Work.
1.02 RELATED SECTIONS
A. Section 02210 - Site Grading I
1.03 QUALITY ASSURANCE �.
A. Furnish seed labeled in accordance with current rules
and regulations of Arkansas Plant board.
1.04 SUBMITTALS
A. Submit results of soil analysis of samples taken from
seeding area and imported topsoils.
B. Submit labels from seed bags, lime and fertilizers. I
C. Submit sample of mulching material.
1.05 REFERENCES
A. Federal Specifications (FS):
1. FS O -F-241 Fertilizers, Mixed, Commercial I
1.06 DELIVERY, STORAGE AND HANDLING
A. Deliver grass seed in original containers showing C
analysis of seed mixture, percentage or pure seed,
year of production, net weight, date of packaging,
and location of packaging. Damaged packages are not
acceptable.
B. Deliver fertilizer and lime in waterproof bags
showing weight, chemical analysis, and name of
manufacturer.
1.07 UNIT PRICES
A. Seeding: Seeding in place as specified in this
section and shown on the drawings. Payment will be
made at the unit price bid per acre for "Seeding",
02931-1
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which shall include subgrade preparation, native topsoil
spreading, seed, lime, fertilizer, mulching material, and
water.
PAR= 2 - PRODUCTS
2.01 MA i ER :AL S
A. Topsoil: Use topsoil excavated from the site only if
conforming to the specified requirements.
1. Existing Topsoil: Natural, fertile agricultural
soil capable of sustaining vigorous plant growth,
not in frozen or muddy condition, containing not
less than 3% organic matter, and corrected to pH
value cf 5.9 to 7.0. Free from subsoil, slag,
clay, stones, lumps, live plants, roots, sticks,
crabgrass, ccughgrass, noxious weeds, and foreign
matter.
2. Imported Topsoil: Natural, fertile, agricultural
soil typical of locality, capable of sustaining
vigorous plant growth, from well -drained site
free of flooding, not rn frozen or muddy
condition, not less than 3% organic matter, and
pH value of 5.9 to 7.0. Free from subsoil, slag,
clay, stones, 'Lumps, live plants, roots, sticks,
crabgrass, coughgrass, noxious weeds and foreign
matter.
3. Very fine sandy loans and silt loans are not
allowed.
4. Have topsoil analyzed and submit written analysis
stating the nitrogen, phosphorus, and potassium
requirements, organic matter content, and pH
value of the soil.
B. Fert:=izer: Commercial type conforming to FS O -F-
241, proportions :ON -202 -:OK.
C. Lime:
Line, if
required,
shall
be
agricultural
grade
ground
limestone
ground to
pass
an
8 -mesh sieve
with
25 percent passing a 100 -mesh sieve.Calcareous
lime -stone shall contain not less than 50 percent
calcium oxide, and dolomitic lime -stone shall
contain not less than 40 percent magnesium oxide.
Coarser materials will be acceptable provided the
specified rates of application are increased
proportionately, on the basis of quantities passing
the 8 and 100 mesh sieves. No additional payment
02931-2
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will be made for the increase quantity.
D. Seed, General:
1. Labeled in accordance with current rules and
regulations of Arkansas State Plant Board.
2. Minimum 98% pure seed and 85% germination by
weight.
3. Allowable noxious weed seeds: 50 per pound -of
seed with no Johnson grass, wild onion, wild
garlic, field bindweed, or nut grass seed allowed
in any amount whatsoever.
4. Furnish seed in sealed, standard containers.
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E. Mulching material: I
1. Wheat straw, clean and free of noxious weed
seeds.
2. Submit any alternative materials proposed for
approval by Architect/Engineer.
F. Water: Irrigation quality, free of impurities that
would be detrimental to plant growth.
2.02
APPLICATION RATES
Lime: Apply lime at rate recommended by soil
analysis -lime requirement testing.
Seed mixtures shall be composed of the varieties and
amounts by weight as shown below.
Variety Period Rate
1. Turf Mix
Hulled Bermuda 4-1 to 8-15 1.5 lbs/1000sf
Grass
2. Erosin Control Mix 4-1 to 8-15 75 lbs/acre
Weeping Long Grass (10)
Hulled Bermuda Grass (15)
Tall Fescue (25)
Perennial Ryegrass (25)
C. Fertilizer: Apply fertilizer at rate of 600 lbs/acre
02931-3
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n:nimun cr at rate recommended by soil analysis.
PART 3 - EXECU71ON
3.01 PREPARATION
A. Have the seeding areas tested for lime requirements
by the County Extension Agent, other public service
agency, or private test:ng service at Contractor's
expense. At least three soil samples shall be taker.
from each area. Submi;, a report of the soil analysis
and recoirr.endaticns tc the Architect/Engineer.
B. Verify that seeding area has been cleaned up and
dressed to final shape.
3.02 INSTALLA^_;ON
A. Subgrade Preparation:
1. Fire grade sub -grade, eliminating uneven areas
avid lcw sects. Maintain lines, levels, profiles,
and contours. Make changes in grade gradual.
Blend slcpes intc level areas and rake until
smooth.
2. Remove foreign materials, undesirable plants and
their roots, stones and debris. Do not bury
foreign material beneath areas to be
hydronulched.
3. Remove sub -soil which has been contaminated with
petroleum products.
4. Scarify and
inches wher
pulverizing
hauling and
soil.
pulverize sub -soil to a depth cf 3
topsoil is .o be placed. Repeat
in areas where equipment used for
spreading topsoil has compacted sub -
5. If lime is required, apply at rate determ:ned by
soi: analysis, uniformly spreading on areas prior
to their being scarified. Thoroughly mix lime
with sub so to the scarified depth.
B. Placing Topsoil:
02931-4
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1. Spread topsoil to a minimum layer depth of 3 1
inches over entire area to be seeded.
2. Place topsoil during dry weather and on dry,
unfrozen sub -grade.
3. Remove stones, roots, grass, weeds, debris, and
other foreign non -organic matter while spreading.
4. Lightly compact area after application of lime
and fertilizer.
C. Lime and Fertilizer Application:
1. Spread lime and fertilizer at specified rates or
as recommended by soil analysis. Apply after.
fine grading and prior to compaction. Mix
thoroughly into topsoil layer.
2. Lightly water to aid breakdown of fertilizer and
lime.
3. Apply within 48 hours before seeding.
D. Seeding:
1. Prior to seeding, lightly firm seeding area
with a cultipacker.
2. Verify that seeding area is ready to receive
seed application and notify Architect/Engineer of
schedule for application.
3. Apply seed mixture to achieve complete coverage
at the specified rate.
E. Mulching:
1. Spread wheat straw mulch evenly over entire area
to obtain 60%-80% coverage of the ground surface.
F. Watering:
1. Water seeded areas sufficiently to saturate upper
4 inches of soil surface.
02931-5
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3.03 :MAINTENANCE
A. Maintain seeded areas by watering, fertilizing,
reseeding, and repairing as necessary for a period cf
9C days after germination, to provide a healthy,
growing stand of grass. Water seeded areas to
maintain adequate moisture levels for vigorous
germination and growth. Apply additional granular or
liquid fertilizer every 45 days following
germination.
B. Mow turf type grass areas to a height of 3 tc 4
inches when height cf grass reaches 6 inches.
Mowing is not required in areas seeded for slope
protection.
C. Repair and reseed damaged ground surfaces outside of
normal work areas due to negligence cf the
Contractor.
D. It is intended that an established live and growing
stand of grass be provided with no bare spcts larger
than one 3 square feet in area. The Contractor
shall re -seed areas as necessary to obtain this
result.
E. The time required for maintenance after the Contract
Time ends will nct be assessed as liquidated damages
provided all ether Wcrk under the Contract has been
completed.
End of Section
02931-6
SECTION 03001
CONCRETE WORK
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Formwork, complete with required shoring, bracing
and anchorage.
B. Control joints and expansion joints.
C. Concrete reinforcing, complete with required
supports, spacers, and related accessories.
D. Cast -in -place concrete.
1.02 RELATED WORK
A. Section 02220 - Structure Excavation & Backfill.
B. Section 02510 - Sidewalks.
C. Section 02515 - Portland Cement Concrete Paving
D. Section 02720 - Storm Drainage.
E. Section 02736 - Sanitary Sewer Manholes.
1.03 QUALITY ASSURANCE
A. Performed cast -in -place concrete work in accordance
with ACI 301, unless specified otherwise in this
Project Manual.
B. Keep copy of ACI 301 - 84 in field office for
duration of project.
1.04 TESTING AGENCY
A. Field testing of the concrete mix will be performed
by an independent testing laboratory.
03001-1
B. Provide free access to work and cooperate with the
appointed laboratory.
C. Tests of cement and aggregates may be performed to
ensure conformance with requirements stated herein.
1.05 REFERENCE STANDARDS
A. ACT 301 - 84, specifications for Structural
Concrete for Buildings.
B. ACT Manual of Concrete Practice, Parts 1, 2, and 3.
_.06 ENVIRONMENTAL REQUIREMENTS
A. Allowable Concrete Mix Temperatures: ACT 301 - 84.
1. Cold Weather: Minimum 55 degrees F.
2. Hot Weather: Maximum 90 degrees F.
B. Dc not place concrete during rain, sleet, or snow
unless protection is provided.
C. Keep accurate thermometer in area where work is
proceeding.
PART 2 - PRODUCTS
2.01 CEMENT (AC1 3C1 2.1)
A. Portland Cement: ASTM C15C, Type 1.
B. Use one brand and type of cement throughout project
unless otherwise specified.
2.02 ADMIXTURES (ACI 301 2.2)
A. Add air entraining agent as indicated in AC: 301
Table 3.4.1.
B. Use of accelerating admixtures such as salts,
chemicals, or other foreign_ materials in cold
weather will not be allowed. Use no other
admixtures without prior approval of the
Architect/Engineer.
03001-2
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C. Use of set -retarding admixtures during hot weather
will not be allowed.
2.03 STRENGTH (ACI 301 3.2)
A. Provide concrete of following strength:
Compressive strength (28 day): 3,000 psi, except
where noted otherwise in the Contract Documents.
B. Portland Cement Concrete Paving:
Compressive strength (28 day): 4,200 psi
Minimum Cement Content: 6.0 Sacks (1 Sack = 94 Pounds)
Maximum Water Cement Ratio: 0.49 (5.5 gallons per sack)
2.04 AIR ENTRAINMENT (ACI 301 3.4)
A. Add air entraining agent to concrete mix for
concrete work exposed to exterior.
B. Air content shall be 6.00% plus or minus 1.50%.
2.05 SLUMP (ACI 301 3.5)
A. Contractor shall provide slump cone and test slump
for each load of concrete.
B. Minimum slump for structural concrete work: 3 inches.
C. Slump for consolidation by vibration:
4 inches maximum. I'
D. Slump for slabs and consolidation other than by
vibration: 5 inches maximum.
2.06 PROPORTIONS
A. Selection of proportions for normal weight concrete
Method 1, Method 2, or Method 3, Contractor's
Option.
B. Fine aggregate shall conform to the requirements of
ASTM Specification C-33, latest edition, and shall
consist of clean, fresh water sand graded uniformly
to conform to Paragraph 4 of the above referenced
Specification C-33. '`
03001-3
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C. Coarse aggregate shall conform to the requirements
of ASTM Specification C-33, latest edition, using
standard grading size 1-1/2" to No. 4 of washed
gravel or crushed stone meeting requirements above
and soundness requirements of ASTM C-33.
D. Water: Clean and free of injurious amounts cf oil,
acids, alkalis, organic materials, or other
deleterious substances.
2.07 REINFORCING STEEL (AC I 301 5.2;
A. Reinforcing
Steel:
60
ksi yield grade; deformed
billet steel
bars,
ASTM
A615; plain finish.
B. Welded Steel Ware Fabric: plain type, ASTM A185;
in coiled rolls, plain finish, 6x6 - W1.4 x W1.4
or 6x6 - W2.9 x W2.9 as shown on the Drawings.
2.08 ACCESSORIES
A. Premolded expansion join fillers: ASTM D1751, 1/2
inch thick. Refer to ACT 301.6.2_.
2.09 CONCRETE MIX
A. Mix concrete in accordance with ASTM C94.
B. Mix concrete until there is a uniform distribution of
the materials and the mass is homogeneous in consistency
and colors. Continue mixing for at least _-./2 minutes
after all the ingredients are in the mixer.
IPART 3 - EXECU:ICN
I
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A. Notify Architect/Engineer at least 24 hours before
the planned time to pour concrete.
B. Inspection:
Ensure that excavations and form work are
completed and within the allowed tclerances.
2. Ensure that ice and excess water are removed,
03001-4
[1
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no frost is present, and that ground is not I
frozen.
3. Check that reinforcement is secured in place.
4. Verify that insulation, anchors, and other
embedded items are secured in position.
C. Install concrete work in accordance with ACI 301
except as amended by this section.
3.02 FORMWORK (ACI 301 4.2)
A. Obtain Architect/Engineer's review for use of earth
forms. When using earth forms, hand -trim sides and
bottoms, and remove loose dirt prior to placing
concrete.
B. Tolerances for Formed Services: Comply with ACI
301, Table 4.3.1.
3.03 FORM SURFACES PREPARATION (ACI 301 4.4) 1
A. Apply form release agent on formwork in accordance
with manufacturer's recommendations. Apply prior
to placing reinforcing steel, anchoring devices and
embedded parts. Do not apply form release agent
where concrete surfaces will receive special
finishes or applied coverings which are affected by
agent.
3.04 FINISHING FORMED SURFACES
A. Formed Surface Finishes: Provide rough form finish
(ACI 301 10.2.1) at all surfaces not exposed to
view, provide smooth rubbed finish (ACI 301
10.3.1) at all surfaces exposed to view.
3.05 REMOVAL OF FORMS (ACI 301 4.5)
A. Do not remove forms, shores, and bracing until
concrete has gained sufficient strength to carry
its own weight, construction loads, and design
loads which are liable to be imposed upon it.
Verify strength of concrete by compressive test
results.
03001-5
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D. Wire dowels to longitudinal bars and place top bars
in perfect alignment by the use of wood templates
placed 2 inches from the top cf the form.
' E. Support wire mesh on concrete brick bats, or other
approved means, at no greater than three feet on
center way to hold reinforcing in the center of the
1 slab or as shown on the Drawings.
Do not depend on lifting mesh as concrete .s
being poured.
2. Lap sides and ends not less than one wire
spacing in slabs on grade and not less than 12
inches in structural slabs.
F. Provide 3 inches of concrete between reinforcing
and the ground, unless detailed otherwise, where
concrete is poured against the ground.
3.06 PLACING REIN:ORC=NG
A. Reinforcing shall be unpainted and uncoated, free
from rust or scale and shall be cleaned and
straightened before being shaped and in position.
B. Position reinforcing accurately and tie securely.
C. Support footing reinforcement on concrete brick
bats or concrete grout at maximum 3 feet on center
each way to insure proper depth from bottom.
I G. If, after the reir.cval of forms, concrete surfaces
are to be in contact with the ground or exposed to
the weather:
1. Bars larger than No.5: Protect with 2 inches
of concrete.
2. Nc.5 bars and smaller: Protect with 1-1/2
inches of concrete.
H. Concrete covering for any reinforcing at surfaces
not exposed directly tc the ground or weather:
Protect with 1-1/2 inches of concrete.
I
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G3M-6
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3.09 PLACING CONCRETE I
A. Convey concrete from mixer to final position by
method which will prevent separation or loss of
material.
B. Maximum height of concrete free fall: 60 inches. 1,
C. Regulate rate of placement so concrete remains
plastic and flows into position.
D. Deposit concrete continuous operation until panel
or section is completed.
E. Do not use concrete that has set and do not re -
temper or use concrete that has been mixed for more.
than 1-1/2 hours.
3.10 CONSOLIDATING CONCRETE: II
A. Use mechanical vibrating equipment for.
consolidation.
B. Vertically insert and remove hand-held vibrators at
points 18 inches to 30 inches apart, inserting to
within 6 inches of bottom of freshly poured
concrete.
C. Do not use vibrators to transport concrete in
forms.
D. Minimum vibrator frequencies: 6000 impulses per
minute.
E. Vibrate concrete minimum amount required for 1
consolidation.
F. Keep spare vibrator on hand during concrete placing
operation.
G. Make sure the concrete is thoroughly worked around
the reinforcing, the embedded items, and into
corners of forms.
3.11 SLABS (ACI 301 11.1)
A. Finish concrete slab surfaces in accordance with
03001-7
I
ACI 301:
1. Uniformly spread, screed, and float slabs. Do
not use grate tampers cr mesh rollers. o not
spread concrete by vibration.
2. Licht broom finish exterior surfaces, except
exposed aggregate.
B. Sidewalks: Finish sidewalks in accordance with
Section 02510.
3.12 CURING
A. Cure slabs: Use damp method as per ACI 301-24.
B. Cure Walls above Grade: Use moisture -retaining
coverings as approved by Architect/Engineer in
accordarce with ACI 308.
3.13 WELDING (ACI 301 5.3)
A. Welding Reinforcing Steel: Not allowed.
3.14 CONSTRUCTION JOINTS
A. Install construction joints in accordance with ACI
3C1 6.1.
3.15 INSERTS, EMBEDDED PARTS AND OPENINGS
A. Provide formed openings where required for pipes,
conduits, sleeves and other work to be embedded in
and passing through concrete members.
B. Coordinate work of other sections and cooperate
with trade involved in forming and setting
openings, slots, recesses, chases, sleeves, bolts,
anchors, and other inserts.
3.16 REPAIR OF SURFACE DEFECTS (ACI 301 9.;)
A. Allow Architect/Engineer to inspect concrete
surfaces immediately upon removal of forms.
03CC1-8
I
B. Modify or replace concrete not conforming to •1,
required lines, detail, and elevations.
C. Repair or replace concrete not properly placed
resulting in excessive honeycombing and other
defects. Do not patch, repair, or replace exposed
architectural concrete except upon express
direction of Architect/Engineer.
3.17 FIELD QUALITY CONTROL I
I
A. Four (4) concrete test cylinders will be taken by
the testing laboratory for every 40 cu. yds., or
fraction thereof, of concrete placed. Not less
than one (1) set of test cylinders shall be taken
for each day's pour.
B. One (1) additional test cylinder will be taken
during cold weather concreting and be cured on job
site under same conditions as concrete it
represents.
C. One (1) slump test will be taken by the testing
laboratory for each set of test cylinders taken and Ifor each separate batch of concrete placed.
D. Compression test cylinders: Test cylinders shall
be cast on the project site by a representative of
the testing laboratory.
1. Make cylinders according to ASTM C31.
2. Make additional sets of test cylinders for
curing under job conditions:
a) When it is needed to determine when to
remove forms. _.
b) When to put a structure into service.
c) When temperature extremes are expected
during the curing test period.
3. Make test cylinders in the presence of
Architect/Engineer.
4. Properly mark prepared test cylinders and fill
out the card supplied by the testing laboratory
03001-9
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with instructions on when to make test breaks
and where to send the test results.
5. Transport in a protected condition, each set of
prepared and marked test cylinders to the
designated testing laboratory for curing and
testing as soon as the cylinders can be
transported without damage.
E. Compression Testing Concrete Cylinders ASTN C-39:
by commercial testing laboratory.
1. Cure cylinders in laboratory until time for
testing.
2. Test each set of cylinders at 7 days and 28
days after pouring.
3. Tabulation of breakage schedule and action:
Specified strength of 3,000 psi at 28 days.
Test Break
7 day Less than 2400 Ps:
2400 - 3000 psi
over 3000 psi
28 day
F
Less than 3CCC psi
Lr'finn
Contractor notify A/E
Break 28 day cylinder
Stop Testing
Contractor notify
Architect/Engineer,
investigate reason
for low break and
report in writing to
Architect/Engineer.
4. For testing cylinders for specified compressive
strength other than 3,003 psi, see the
Architect/Engineer.
In Case of :,ow Compression Test Results:
1. Architect/Engineer will have the right to order
change in the mix design, costs to be borne by
the Ccntractcr.
2. Architect/Engineer will have the right to order
core tests of the concrete in accordance with
ACI C42, or load tests of the structure, the
costs to be borne by the Contractor for either
03001-10
I
test.
3.18 PROTECTION OF COMPLETED WORK
A. During curing period, protect the concrete from
damaging mechanical disturbances, water flow,
loading, shock, and vibration.
END OF DOCUMENT
03001-11
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