HomeMy WebLinkAbout82-98 RESOLUTIONA
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RESOLUTION NO 82-98
A RESOLUTION AWARDING BID NO. 98-39 IN THE AMOUNT
OF $188,500, PLUS A CONTINGENCY AMOUNT OF $18,850,
TO J & L CONSTRUCTION FOR CONSTRUCTION OF A 100
SPACE PARKING LOT IN WALKER PARK; APPROVAL OF
BUDGET ADJUSTMENT IN THE AMOUNT OF $91,105; AND
APPROVAL TO COMBINE PROJECT NO. 94027 AND Project
No. 98014 INTO ONE PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS
Section 1 The City Council hereby awards Bid No. 98-39 in the amount of $188,500,
plus a contingency amount of $18,850, to J & L Construction for construction of a 100 space parking
lot in Walker Park; and authorizes the Mayor and City Clerk to execute said contract. A copy of
the contract is attached hereto marked Exhibit "A" and made a part hereof.
Section 9 The City Council hereby approves a budget adjustment in the amount of
$91,105 increasing Park Improvements, Acct. No. 2250 9250 5806 00, Project No. 98014 1,
decreasing Park Improvements, Acct. No. 2250 9250 5806 00, Project No. 1. A copy of the budget
adjustment is attached hereto and made a part hereof.
Section i• The City Council hereby authonzes the combination ofProject No. 94027 and
Project No. 98014 to become one project.
PASSED AND APPROVED this 16s' day of _June_, 1998.
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By:,i i
Heather Woodruff, Cify Clerk
APPROVED;
By:
Anru-
Fred Hanna, Mayor
1
EXHIBIT A
Standard Form of Agreement Between Owner and
Contractor where the basis of payment is a Stipulated Sum
AIA Document A101 - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
The 1987 Edition of AIA Document A201. General Conditions of the Contract for Construction , is adopted in this document by reference. Do not use with other general
conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America.
Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1962, 1967, 1974, 1977, copyright 1987 the American Institute of Architects, 1735 New York Avenue, N.W.,
Washington, D.C., 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright
laws of the United States and will be subject to legal prosecution.
AGREEMENT
made as of the twenty first day of May in the year of Nineteen Hundred and Ninety -Eight
BETWEEN the Owner:
(Name and address)
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
and the Contractor:
(Name and address)
J & L Construction
P.O. Box 1479
Huntsville, Arkansas 72740
The Project is:
(Name and location)
Walker Park Parking Lot
Fayetteville Arkansas
The Architect ir:
(Name and address)
Wittenberg, Delonv & Davidson, Inc
100 West Center, Suite 102
Fayetteville, Arkansas 72701
The Owner and Contractor agree as set forth below.
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT
ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON,
subject to legal prosecution. This document was electronically produced
noted below.
User Document: WALKA101.DOC -- 5/21/1998.
• TWELFTH EDMON • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
D.C., 20006-5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is
with permission of the AIA and can be reproduced without violation until the date of expiration as
Electronic Format A101-1987
AIA License Number 131378, which expires on 6/30/1998 -- Page #1
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions),
Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and
Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached
to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents,
other than Modifications, appears in Article 9.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the
Contract Documents to be the responsibility of others, or as follows:
All Work
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date
of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a
notice to proceed issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement, or, ifapplicable, state that the date will be fixed in a notice to proceed.)
The date of commencement will be set in an official written "Notice to Proceed" issued by the Architect.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner
in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other
security interests
3.2 The Contractor shall achieve Substantial Completion of thc entire Work not later than
(Msert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain
portions of the Wort; if not stated elsewhere in the Contract Documents.)
one hundred and twenty (120) calendar days from the date of the Notice to Proceed
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions if any, for liquidated damages relating to failure to complete on time.)
If Contractor neglects, fails or refuses to complete the work within the time specified, or within any proper extension granted by the
Owner, then Contractor does hereby agree, as a consideration for awarding of this contract, to pay the Owner the amount of $50.00
per day for each and every calendar day that Contractor is in default after time stipulated in contract for completing Work.according
to Section 01010 Paragraph 1 07 of the Protect Manual.
ARTICLE 4
CONTRACT SUM
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of
One Hundred Eighty Eight Thousand Five Hundred and No/I00 Dollars ($ 188,500.00 ), subject to additions and deductions as
provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are
hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this
Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid)
Base Bid $ 198,500.00
Deductive Alternate No 1 -($ 6,500.00)
Deductive Alternate No 2 -($ 3,500,00)
Contract Amount $188500.00
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C.- 20006-5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is
subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the dale of expiration as
noted below.
Electronic Format A101-1987
User Document: WALKA101.DOC -- 5/21/1998. AIA License Number 131378, which expires on 6/30/1998 -- Page #2
4.3 Unit prices, if any, are as follows:
None
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ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by
the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and
elsewhere in the Contract Documents.
5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or
as follows:
For the period ending the twenty-fifth day of the month.
5.3 Provided an Application for Payment is received by the Architect not later than the twenty-fifth day of a month, the Owner
shall make payment to the Contractor not later than the Owner's next payment processing cycle day -e€ -the month. If an
Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not
later than forty-five days after the Architect approves and the Owner receives the Application for Payment.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with
the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work
and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule,
unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the
period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:
5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage
completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule
of Values, Tess retainage of ten percent (10 %) . Pending final determination of cost to the Owner of changes in the Work, amounts
not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not
yet been adjusted by Change Order;
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site
for subsequent incorporation in the completed construction (or. if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing). less retainage of ten percent (10 %);
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in
Paragraph 9.5 of the General Conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following
circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to one hundred percent
100 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and
when all required "close-out" documents are received and approved by the Owner.
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional
amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT
ARCHITECTS, 1735 NEW YORK AVENUE. N.W.. WASHINGTON,
subject to legal prosecution. This document was electronically produced
noted below.
User Document: WALKA101.DOC -- 5/21/1998.
• TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
D.C., 20006-5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is
with permission of the AIA and can be reproduced without violation until the date of expiration as
Electronic Format A101-1987
AIA License Number 131378, which expires on 6/30/1998 -- Page #3
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5.8 Reduction or limitation of retainage, if any, shall be as follows:
(if i1 is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subparagraphs 5.6.1
and 5.6.2 above, and this is not explained elsewhere in the ConrractDocuments. insert here provisions for such reduction or limitation)
None. Payment of retainage will be held until all required close-out documents, as stated in the general or supplemental conditions
of the contract documents or other portions of the drawings or specifications, have been received and approved by the Owner.
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1)
the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as
provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final
payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner
riot more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows:
Before issuance of the final certificate for payment, the Contractor shall obtain in WRITING from the bonding company approval of
such payment. No certificate issued nor payment made to the Contractor nor partial or entire use or occupancy of the Contract
Work by the Owner shall be acceptance of any work or materials not in accordance with this Contract or in agreement with the
requirements of the Contract Documents..
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the
reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in
the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
(insert rate of interest agreed upon, Ifany.)
None
(Usury laws and requirements under the Federal Truth in Lending Act, similar stare and local consumer credit laws and other regulations at the Owner's and
Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with
respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.)
7.3 Other provisions:
None
ARTICLE 8
TERMINATION OR SUSPENSION
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987
Edition.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated May 01 1998
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C., 20006-5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is
subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as
noted below.
Electronic Format A101-1987
User Document: WALKA101.DOC -- 5/21/1998. AIA License Number 131378, which expires on 6/30/1998 -- Page #4
and are as follows:
Document
00100
00200
00320
00330
00400
00600
00700
Bid Solicitation
•
Title
Instructions to Bidders
Geotechnical Data Statement
Existing Conditions Statement
Bid Forni
Bonds
General Conditions
Pages
1 page
3 pages
1 page
1 page
2 pages
1 page
1 page with attachment of AIA
Document A210 - 32 numbered pages
00800 Supplementary Conditions 12 pages
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Document Title Pages
Divisions 1 thru 16 as listed in the Project Manual for the Project dated May 01 1998
9.1.5 The Drawings are as follows, and are dated May 01, 1995 unless a different date is shown below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement)
Number Date
Cover Sheet
1 Topographic Survey
C-1 Grading Plan 5-01-98
A-1 Site Plant 5-01-98
A-2 Miscellaneous Details 5-01-98
E-1 Base Bid Lighting Plan 5-1-98
E-2 Deductive Alternate Lighting Plan 5-1-98
E-3 Electrical Schedules and Details 5-1-98
8-98 (Addendum No.1)
9.1.6 The addenda, if any, are as follows:
Number
Nol
5-14-1998
Pages
1 sheet
1 sheet
1 sheet
1 sheet
1 sheet
1 sheet
1 sheet
1 sheet
Date Pages
1 page with attachment of site survey sheet
Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are
also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the Contract Documents are as follows:
(List here any additional documents which are intended to form pan of the Contract Documents. The General Conditions provide that bidding requirements such as
advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this
Agreement They should be listed here only if intended to he part of the Contract Documents)
Bidding Requirements and other documents as stated in Article 9 above are included as part of the Contract Documents.
This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which
one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the
Owner.
OWNER
ignaht eY)
(Printed name and title)
End Having
/ria yor
4C•OR
1`x1 ,
tinted name an•. itie)
1/44
AIA DOCUMENT AIOI •
ARCHITECTS, 1735 NEW
subject to legal prosecution.
noted below.
User Document:
OWNER -CONTRACTOR AGREENktI ttW,ELFI-H EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF
YORK AVENUE, N.W., WASI1NG1tN, D.C.. 2000&5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is
This document was electronically produyed with permission of the AIA and can be reproduced without violation until the date of expiration as
•
Electronic Format A101-1987
WALKA101.DOC -- 5/21/1998. AIA License Number 131378, which expires on 6/30/1998 -- Page #5
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
1998
Department: Public Works
Division: Parks & Recreation
Program:
Date Requested
05/21/98
Adjustment #
Project or Item Requested:
Additional funding is requested for the Walker Park parking lot
project.
Project or Item Deleted:
Funding proposed for this requ st is from the Walker
Senior Center project.
Justification of this Increase:
Increased cost due in part to overall bid market conditions,
expansion of lot from 60 spaces to 100 spaces and compliance
with standards adopted after the project budget was established..
Justification of this Decrease:
The Walker Senior Center project is currently on
hold pending fund raising efforts by the Council on
Aging.
Account Name
Park Improvements
t'
Increase Expen a (Decrease Revenue)
'Amount
Account Number Project Number
91,105 2250 9250 't+-'5806 00 u98014:a='..:.e .:Flit
f i
Litt �.lNRi'1"t' �ti• +R.�'t: Lt5+4.'A4' '".. 9" •?....-
Account Name
Park Improvements
Decrease Expense (Increase Revenue)
Amount
91,105
Account Number
2250 9250
Project Number
•
s .
96092 +'
equeste
Budgft Coordinator
Department Director
Date
Admin. Se ices Director Date
I/00 0S1
Mayor Date
Blue Copy: Budget & Research / Yellow Copy: Requester
Date of Approval `a
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
C: APPI98BUDIBAADJIWALKPRK.WK4
STAFF REVIEW FORM
AGENDA REQUEST
X _ CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of n/a
Z IT
FROM:
Connie Edmonston
Name
Parks & Recreation
Division
Public Works
Department
ACTION REQUIRED:
Approval of a change order with J&L Construction on Walker Park parking lot. The change order
is to remove and add concrete curb, gutter, sidewalk and ADA ramp.
COST TO CITY:
,g5laa(o
Cost of this Request
2250-9250-5814-00
Account Number
94027
Project Number
$_.2._1_22.„9
Category/Project Budget
Funds Used To Date
Remaining Balance
W
Category/Prrojec£ Name
Program Name
4 -m -R ettA6 dothiravA4-
Fund
BUDGET REVIEW:
get !Goo=d nator
X Budgeted Item
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
a .
Accounti M -r
At
i
.e ion
ip
!✓162
Purchasing Officer
GRANTING AGENCY:
AI -1474441
Date ADA Coordinator
/2 -/(/--5y
Date
h-19-98
Date
Internal Auditor
Date
Date
STAFF RECOMMENDATION:
Approval of this change order.
tatielif
Date
R-<41WAS
a
Cross Reference
New Item: Yes No AN��JS
Prev Ord/Res N:
Orig Contract Date: ki)%04.-ta1
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Charlie Venable
Public Works Director
From: CoruYietdmonston
Parks & Recreation Superintendent
Date:
Re:
December 11, 1998
Change order request for the parking lot at Walker Park
The Parks & Recreation Division requests approval of a change order in the amount of $351.76
with J&L Construction for the Walker parking lot. The change order includes removing and
adding concrete curb, gutter, sidewalk and handicapped ramp on the corner west of the new
parking lot in the amount of $2,464. The existing corner does not meet ADA regulations and is
considered hazardous. The concrete pad surrounds a manhole that is extended approximately
three inches above the sidewalk on both sides. This addition would complete the entire
intersection area. A credit in the amount of $1,732.24 was allowed for the landscape allowance
as specified in the bid and credit on deletion of an island in the amount of $380. The total
contingency amount is $18,850. No funds have been used in the contingency fund.
WITTENBERG, DELONY & DAVIDSON, INC:
Northwest Arkansas Office
100 West Center, Suite 102
Fayetteville, AR 72701
Tel: 501-443-6666 Fax: 5011143-9515
1
CHANGE ORDER
PROJECT:
TO:
City of Fayetteville
Walker Park Parking Lot
Fayetteville, Arkansas
J&L Construction
P.O. Box 1479
Hunstville, Arkansas 72740
CHANGE ORDER NO: 1
PROJECT NO: 97017
DATE.
CONTRACT DATE.May 21, 1998
CONTRACT FOR: General Construction
You are directed to make the following change(s) in this Contract:
1. Landscape allowance credit
2. Deleated island credit
2. Remove and add concrete curb, gutter,
sidewalk and handicapped ramp.
Total amount of change order:
Credit $11732.24
Credit $380.00
Add $21464.00
Add
$351.76
CONTRACT RECAP
The original Contract Sum was:
Net change by previously authorized Change Orders:
The Contract Sum prior to this Change Order
The Contract Sum will be INCREASED by this Change Order:
The new Contract Sum including this Change Order will be:
The Contract Time will be changed by () days.
$188,500.00
$ 0
$188,500.00
5351.76
$188,851.76
Not valid until signed by both the Owner and Architect
Signature of the Contractor indicates his agreement herewith. including any adjustment in the Contract Sum or Contract Time.
WITTENBERG, DELONY & DAVIDSON, INC. J&L CONSTRUCTION
100 West Center, Suite 102 P.O. BOX 1
Fayetteville, AR 72701 HUNTr KANSAS 72740
BY. bCJ(J {
DATE: l�."-/W
CITY OF FAYETTEVILLE
113 WEST MOUNTAIN
FAYETTEVILLE, ARKANSAS 72701
WITTENBERG, DELONY & DAVIDSON, INC.
Northwest Arkansas Office
100 West Center, Suite 102
Fayetteville, AR 72701
Tel: 501443 6666 Fax: 501-443-9515
PROPOSAL
REQUEST
PROJECT:
- WALKER PARK PARKING LOT
FAYETTEVILLE, ARKANSAS
OWNER
CITY OF FAYETTEVILLE
113 W. MOUNTAIN STREET
FAYETTEVILLE, ARKANSAS 72701
PROPOSAL REQUEST NO:
01
DATE:
I1-16-98
TO: PROJECT NO:
J & L CONSTRUCTION 97017
P.O. BOX 1479
HUNTSVILLE, ARKANSAS CONTRACT FOR:
72766 GENERAL. CONSTRUCTION
Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed
modifications to the Contract Documents described herein. Quotation must be received by the .Architect
within fourteen calendar days from date of Proposal Request. THIS IS NOT A CHANGE ORDER NOR A
DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN.
DESCRIPTION:
•
ADD HANDICAP RAMP . SIDEWALK AND CURB AND GUTTER AS INDICATED ON ATTACHED
DRAWING X-5.
ATT.ACH„IENTS:
WITTENBERG, DELCNY & DAVIDSON. INC.
By:
la
NEV
PROVIDE NEVI GONG. SIDEVIALK
FROM NEN RAMP TO EXIST N
INLET TOP. PROVIDE SLIP
DOWELS TO CONNECT NEW
SCE:V(ALK TO EXIST. TOP/
NEM C :�NC. SICEVW-LK
FRCVIC_ 'SLIP
1101 N\I�I�III�
OIICPPTE HailDic �r
r cc•c
AG•TELE N.
SEE DETA.IL4/.A-2
j /j jl
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T. GG. ApRCV
1 !rIL`,✓cC r0 _
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/.% <%` (,: /' /,,-,
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= OV' �i ,
/,- # \\
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Jllllllll1 !III��Iil
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,
`tEV`! 'HANC!C.=' r: F
.BERG. DELONar & EMEISCIN, INC
FkEE T.' De Pt GE. C. It1-E.NLrs
11.110101 szism.Aff
;C-* Int 14
r QpEC•c C:YLE
.,V Rk.
PRti Lot
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J & L Construction
P.O. Box 1479 Date: 11/3/98
Huntsville, Ark. 72740 To: Lori Topp
501-559-2141 Project: Walker Park Parking Lot
1
2
3
4
5
6
7
8
9
LANDSCAPE ALLOWANCE CREDIT
Original allowance
$7,500.00
Actual cost ( Green Gardens Proposal)
($5,767.76)
Total
$1;732.24
Total credit
for the sum of:
One thousand seven hundred thirty two dollars and twenty four cents
Contractors signature:
•
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Job Estimate
■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■
September 30, 1998
Walker Park Landscape
(Parking Lot)
We are pleased to submit the following bid:
From: Green Gardens
18930 Hwy. 112 North
Springdale, AR 72762
501-361-5699
. ..... ........... .., .. ... .:.: •. ., ...i.._.< r,! i:: .1 .. .. 1. - , }l. .: "4i diL �Y n.ykq ;:; g0.a6:YA%j�
QUANTITY
DESCRIPTION
UNIT
PRICE
TOTAL
17
1 1/2' cal. to 2 1/4" cal. Lacebark Elm
185.00
3,145.00
Mulch
425.00
Soil Amendments
45.00
'Labor
1.850 00
Subtotal
5,465.00
Tax
302 76
Total
5,767.76
'Labor does not include
excavation
of islands
or
topsoil
and topsoil installation.
ir
l
•
lar
11/19/1998 20:53 5015592716
J & L Construction
P.O. Box 1479
Huntsville, Ark. 72740
501.459-2141
1
2
3
4
5
6
7
8
9
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J AND L
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Date: 11-20-98
PAGE 12
To: Lori Topp
Project: Walker Park Parking Lot
CHANGE ORDER REQUEST di 2
We propose to furnish all material and perform all labor necessary to complete the following:
•
Remove and add
concrete curb and gutter and sidewalk.
$2,200.00
Profit
and
Overhead
$264.00
Total
$2,484i00
We propose to furnish all material
for the sum of:
Two thousand four hun •- • sixty fo r dollars an .s o cants
bor. complete In accordance with above specifications,
Contractors signature:
Acceptance of proposal The
and are hereby accepted.
Owners signature:
e price.
are authorized
ons and conditions are satisfactory
do the work as specified.
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J & L Construction
P.O. Box 1479 Date: 11/20/98
Huntsville, Ark. 72740 To: Lori Top
501-559-2141 Project: Walker Park
1
2
3
4
5
6
7
8
9
DELETED ISLAND CREDIT
DELETED CURB AND GUTTER
$380.00
Total
Total credit
for the sum of: %
THREE HUNDRED ElG�iCY DOl.LA1AND NO C TS
Contractors signature:
1380
00
PROJECT MANUAL
FOR
13i,Q d1 5-35 Li g L CesnS+n shun
P -es , $2-9s,
WALKER PARK
PARKING LOT
CITY OF FAYETTEVILLE
FAYE I I'EVILLE, ARKANSAS
PROJECT NO. 97017
MAY 01, 1998
WITTENBERG, DELONY & DAVIDSON, INC.
ARCHITECTURE & INTERIOR DESIGN
100 W. CENTER STREET, SUITE 102
FAYETTEVILLE, ARKANSAS 72201
(501)443-6666
Electrical Engineers
GREEN -ANDERSON ENGINEERS, INC.
2233 GREEN ACRES ROAD
FAYETTEVILLE, ARKANSAS 72703
3
TABLE OF CONTENTS
FOR
WALKER PARK PARKING LOT
CITY OF FAYETTVILLE
PROJECT NO. 97017
BEDDING AND CONTRACT DOCUMENTS
DOCUMENT NO. TITLE
00100 BID SOLICITATION
00200 INSTRUCTIONS TO BIDDERS
00320 GEOTECHNICAL DATA
00330 EXISTING CONDITIONS
00400 BID FORM
00600 BONDS
00700 GENERAL CONDITIONS
00800 SUPPLEMENTARY CONDITIONS
pWISION 1 - GENERAL REQUIREMENTS
SECTION NO.
TITLE
01100 SUMMARY OF WORK
01210 ALLOWANCES
01230 ALTERNATES
01300 SUBMITTALS AND SUBSTITUTIONS
01450 TESTING LABORATORY SERVICES
DIVISION 2 - SITE CONSTRUCTION
SECTION NO.
TITLE
02200 DEMOLITION AND SITE PREPARATION
02300 EARTHWORK
02375 TEMPORARY EROSION CONTROL
02630 STORM DRAINAGE
02740 ASPHALTIC CONCRETE PAVING
02750 PORTLAND CEMENT CONCRETE PAVING
02760 PAVEMENT MARKING
02770 CONCRETE CURBS AND SIDEWALKS
02835 ORNAMENTAL FENCE
02900 LANDSCAPING
02932 SEEDING
97017- Walker Park Parking Lot
Table of Contents - 1
TABLE OF CONTENTS (Continued)
DIVISION 3 - CONCRETE
SECTION NO. TITLE
03100 CONCRETE FORM WORK
03200 CONCRETE REINFORCEMENT
03300 CAST -IN-PLACE CONCRETE
03450 ARCHITECTURAL PRECAST CONCRETE
DIVISION 4 - MASONRY
SECTION NO. TITLE
04100 MORTAR
04150 MASONRY ACCESSORIES
04200 UNIT MASONRY & STONE
DIVISION 5 - METALS
NOT USED
DIVISION 6 - WOOD AND PLASTIC
NOT USED
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
NOT USED
DIVISION 8 - DOORS AND WINDOWS
NOT USED
DIVISION 9 - FINISHES
NOT USED
DIVISION 10 - SPECIALTIES
NOT USED
DIVISION. 11 - EOUIPMENT
NOT USED
DIVISION 12 - FURNISHINGS
97017- Walker Park Parking Lot
Table of Contents - 2
TABLE OF CONTENTS (Continued)
NOT USED
DIVISION 13 - SPECIAL CONSTRUCTION
NOT USED
DIVISION 14 - CONVEYING SYSTEMS
NOT USED
DIVISION 15 - MECHANICAL
NOT USED
DIVISION 16 - ELECTRICAL
SEE DRAWINGS
END OF TABLE OF CONTENTS
97017- Walker Park Parking Lot Table of Contents - 3
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BIDDING AND CONTRACT DOCUMENTS
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DOCUMENT 00100
BID SOLICITATION NUMBER 98-39
1.01 Sealed bids for new construction at Walker Park in Fayetteville, Arkansas will be received until
4:00 P.M., Local Time on Tuesday May. Nineteenth 1998 (5-19-19981 in room 326 City of
Fayetteville Administration Building at 113 West Mountain Street, Fayetteville, Arkansas 72701,
and then will be publicly opened and read aloud.
1.02 The work includes Site Preparation and Improvements, General Construction and Electrical
Work, all to be let under one prime contract.
1.03 A cashier's check, certified check, or acceptable bidder's bond payable to the Owner in an amount
not less than 5% of the base bid submitted must accompany each bid as a guarantee that, if
awarded the contract, the bidder will promptly enter into a contract and execute such bonds as
may be required.
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1.04 Copies of drawings, specifications and other proposed contract documents are on file and are
open to inspection at the following places:
WITTENBERG, DELONY & DAVIDSON, INC.,
100 West Center, Suite 102, Fayetteville, Arkansas 72701
1.05 Prime Contractors may obtain up to three (3) sets of contract documents upon deposit of a check
in the amount of S 100.00 , made payable to Wittenberg, Delony & Davidson, Inc.. The deposit
will serve as a guarantee of the return within seven (7) days after the bidding of all three (3) sets
of the documents in a usable condition. Additional sets or partial sets of bid documents may be
obtained for the actual cost of printing, which is not refundable.
1.06 Arkansas Prevailing Wage Rates as determined by the Arkansas Department of Labor, will apply
to this project.
1.07 The Owner reserves the right to waive any formalities in, or to reject any or all bids.
1.08 All bidders shall conform to the requirements of the Arkansas State Licensing Law for
Contractors set forth in Act 150 of the 1965 General Assembly. No bidder may withdraw his bid
within 60 days after the date of the opening thereof
THE CITY OF FAYETTEVILLE IS AN EQUAL OPPORTUNITY EMPLOYER
IBy
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Ms. Peggy Vice
Director of Purchasing
City of Fayetteville:
END OF DOCUMENT 00100
97017- Walker Park Parking Lot
00100-1
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PART 1- GENERAL
' 1.01 DESCRIPTION OF BID
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DOCUMENT 00200
INSTRUCTIONS TO BIDDERS
A. BASE BID: Work includes Site Preparation and Improvements, General Construction,
Electrical Work as shown on the Drawings and described herein, all to be let under one
prime contract.
1.02 EXAMINATION OF PREMISES
A. Before submitting his quotation, Contractor will be held to have examined the premises
and satisfied himself as to existing conditions under which he will be obligated to operate,
or that will in any manner affect Work under this contract.
B. Bidder must inform himself fully of conditions relating to construction of project and
employment of labor. Failure to do so does not relieve successful bidder of his obligation
to famish material and labor necessary to carry out provisions of his contract. Insofar as
possible Contractor, in carrying out his Work, must employ such methods or means to
avoid any interruption of or interference with Work of any other Contract.
1.03 CONTRACTOR'S LICENSE
1 A.
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Parties quoting on this Work must comply with all requirements and regulations of
Contractor's License Law of the State of Arkansas, as set forth in Act 150 of the 1965
General Assembly, as amended.
1.04 BID FORMS
A. Bids must be submitted on forms included in Document 00400 of Project Manual. Submit
one copy.
B. Place Bid Documents, sealed in envelope, and clearly labeled with words "Bid
Documents". Show job name and number, name of bidder, Arkansas Contractor's License
Number, date and time of opening.
C. Attention of Bidders is called to Section 01230 -Alternates in Division 1 - General
Requirements of this Project Manual which will affect the manner of completion of the
Bid Form
D. In case of discrepancy between written amounts shown by bidder and amounts in
numerical figures on bid form, the amount written out rather than amount in numerical
figures shall govern.
1.05 INTERPRETATIONS
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97017- Walker Park Parking Lot
00200-1
A. No interpretation of plans, specifications or other bid documents will be made to any
bidder orally. Requests for such interpretation should be in writing addressed to
Wittenberg, Delony & Davidson, 100 W. Center St., Suite 102, Fayetteville, AR 72701,
Attn: Richard Alderman, AIA. TO BE GIVEN CONSIDERATION, REQUESTS
FOR INTERPRETATION MUST BE RECEIVED AT LEAST FIVE (5)
WORKING DAYS PRIOR TO DATE FIXED FOR OPENING OF BIDS.
B. Interpretation and supplemental information is issued in the form of written addenda
mailed to prospective prime contract bidders. ADDENDA WILL NOT BE ISSUED
WITHIN THREE (3) WORKING DAYS PRIOR TO DATE FIXED FOR
OPENING OF BIDS. Failure of bidder to receive any addendum or interpretation shall
not relieve bidder from obligation under his bid as submitted. All addenda so issued shall
become part of contract documents.
C. Should an error, inconsistency or omission be found in the Bid Documents after the Bid
Opening, the Contractor will be deemed to have prepared his bid based upon the more
costly way of performing the Work.
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D. Anything mentioned in the Specifications and not shown on the Drawings or shown on the
Drawings and not mentioned in the Specifications is to have the same effect as if shown or
mentioned in both.
t. :uUPUt_um�•i
A. Bid must be accompanied by bid guaranty ofnot less than five percent (5%) of the amount
of bid, and at option of bidder may be certified check, bank draft, or bid bond secured by
surety company. Certified check or bank draft must be made payable to order of Owner.
Bid guaranty shall insure execution of contract and fiunishing of performance and payment
bond or bonds by successful bidder.
1.07 OPENING OF BIDS
A. At time and place fixed for opening of bids, every bid received within time fixed for
receiving bids will be opened and publicly read aloud, unless the bid contains irregularities
in statutory requirements. Failure of bidder to respond to statutory requirements listed on
the bid form may result in the bid being declared nonresponsive and the bid will not be
read nor will the bid be considered for the purposes of awarding a Contract.
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1.08 WITHDRAWAL OF BIDS PRIOR TO BID OPENING ,
A. Bids may be withdrawn on written or telegraphic request dispatched by bidder in time for
delivery in normal course of business prior to time fixed for opening; provided, that
written confirmation of any telegraphic withdrawal over signature of bidder is placed in
the mail and postmarked prior to time set for bid opening. Negligence on the part of
bidder in preparing his bid confers no right of withdrawal or modification of his bid after
such bid has been opened.
1.09 QUALIFICATIONS OF BIDDER
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97017- Walker Park Parking Lot 00200-2 '
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A. Owner may make such investigations as he deems necessary to determine ability of bidder
to perform Work, and bidder shall furnish to Owner all such information and data for this
purpose Owner may request. Owner reserves right to reject bid of any bidder who has
previously failed to perform properly, or to complete on time, contracts of similar nature;
who is not in position to perform contract, or who has habitually and without just cause
neglected payment of bills or otherwise disregarded obligations to subcontractors, materi-
almen, or employees.
' 1.10 POWER OF ATTORNEY
' A. Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond a
certified and effectively dated copy of their power of attorney.
' 1.11 BID FORMALITIES AND REJECTION OF BIDS
' A. Owner reserves right to waive any formalities in a bid or to reject any or all bids.
1.12 CONDITIONAL BIDS
A. Conditional bids will not be considered. except that stated alternate(s) as provided for on
Bid Form and described in Section 01230 may be considered in making an award.
' 1.13 DEDUCTIVE ALTERNATES
I A.
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In accordance with Arkansas Code Annotated 22-9-203(1), alternate deductions shall be
taken in numerical order until the bid falls below the appropriated amount or, if the
appropriated amount is not reached, until all of the alternate deductions are taken. If after
taking all of the alternate deductions, the resulting bid amount is not below the
appropriated amount but is within twenty percent (20%) of the appropriated amount, then
the agency may negotiate an award with the low bidder so determined.
1.15 "CALL BEFORE YOU DIG" STATE LAW
IA An Arkansas State Law passed by the 1991 Legislative Session requires that at least two
days advance notice be given by calling 1-800-482-8998 before digging on a construction
' project using mechanized equipment. This is a free service. Failure to do so can result in
a penalty ranging up to the amount of $10,000.
' PART 2- PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
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END OF DOCUMENT 00200
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DOCUMENT 00320
' GEOTECHNICAL DATA
PART 1- GENERAL
' 1.01 SOILS REPORT
A. A geotechnical investigation of the site has not been made for this Project. Test borings
and other exploratory operations may be performed by Contractor, at his own expense;
however, no change in the Contract Sum will be authorized for such exploration.
Architect and Owner will not be responsible for interpretations or conclusions drawn by
' Contractor from his own investigations. Soils are unclassified. Contractor will be
responsible to complete the work shown in the contract documents regardless of soils
encountered.
' PART 2- PRODUCTS (Not Applicable)
PART 3- EXECUTION (Not Applicable)
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END OF DOCUMENT 00320
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97017- Walker Park Parking Lot
00320-1
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DOCUMENT 00330
EXISTING CONDITIONS
PART 1- GENERAL
1.01 SITE CONSTRAINTS
A. Existing Site Conditions: The Site is within an existing, fully functioning city park. Due
to the large amount of vehicular and pedestrian traffic at Walker Park, particularly on
weekends, contractor shall pay close attention to providing safety barricades around
construction. Contractor shall also coordinate with owner and provide signage to notify
park users of closed areas and direct the to alternate parking areas, access points, etc. as
necessary. Extreme caution shall be taken in providing a safe park environment for all
users, particularly children, as parks will remain in use during construction.
' B. Existing Site Restrictions:
Preserving
and Maintaining
outlined
tree preservation areas
is required.
Ii.
Contractor
is to disrupt the
site and
all existing trees as little
as possible.
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2. On -site parking, other than within areas to be defined by Owner for Contractor
staging, is prohibited.
PART 2- PRODUCTS (Not Applicable)
PART 3- EXECUTION (Not Applicable)
END OF DOCUMENT 00330
' 97017- Walker Park Parking Lot 00330-1
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DOCUMENT 00400
' BID FORM
WALKER PARK PARKING LOT
FAYETTEVILLE, ARKANSAS
PROJECT NO. 97017
Proposal of
(hereinafter called "Bidder"): (Strike Out Following Inapplicable Items)
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1.An
(State)
2. A Partnership, or
Corporation,
3. An Individual doing business as
To:
Gentlemen:
Bidder, in compliance with bid solicitation for construction of Walker Park Parking Lot, Pedestrian Plaza,
and Planters, having examined plans and specifications with related documents and site of the proposed
Work, and being familiar with all conditions surrounding proposed project, including availability of
materials and labor, hereby proposes to furnish labor, materials, and supplies, and construct project in
accordance with Contract Documents, within time set forth therein, and at prices stated below. Prices are
to cover all expenses incurred in performing Work required under Contract Documents, of which this
proposal is a part.
Bidder hereby agrees to commence work under this contract on or before date specified in written
"Notice to Proceed" and fully complete project within time stipulated in specifications.
' Bidder acknowledges receipt of the following addenda:
No._ Date: No._ Date: No._ Date:
No._ Date: No._ Date: No._ Date:
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BASE BID: Bidder agrees to perform all Work described in the Project Manual and shown on the
Drawings for the sum of
LIST OF DEDUCTIVE ALTERNATES
(Refer to Section 01230 - Alternates for detailed description)
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97017- Walker Park Parking Lot
00400-1
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DEDUCTIVE ALTERNATE NO.I: For not installing antique light fixtures deduct the sum of
DEDUCTIVE ALTERNATE NO.2: For not installing fence along north and east sides deduct the sum
of
LIST OF SUBCONTRACTORS
I. the undersigned General Contractor, certify that proposals from the following subcontractors were
used in the preparation of my proposal. I agree that if I am the successful bidder, and if following
subcontractors are approved, I will not enter into contracts with others for these divisions of the Work
without written approval from Architect and Owner.
NAME:
ELECTRICAL:
a
LICENSE NO.
Bidder understands that Owner reserves right to reject any or all bids and to waive any informalities in the
bidding. Bidder agrees bid shall be good and may not be withdrawn for period of sixty (60) days after
scheduled closing time for receiving bids.
Upon receipt of written notice of acceptance of bid, Bidder will execute formal contract within ten (10)
days and deliver Surety Bond or Bonds as required by Document 00600. Bid security attached in amount
of 5% of base bid is to become property of Owner in event above contract and bond are not executed
within time set forth above as liquidated damages and additional expenses to Owner. '
Date: By:
Ark. License No.
(Seal - If bid is by a Corporation)
(Signature)
(Title)
(Business Address)
i END OF DOCUMENT 00400
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97017- Walker Park Parking Lot 00400-2 ,
DOCUMENT 00600
BONDS
PART I - GENERAL
1.01 CONTRACTOR'S GUARANTY BOND
IL Contractor shall finish "Performance and Payment Bond" in amount equal to 100% of
contract price, as security for faithful performance of this contract and for payment of all
indebtedness for labor and materials furnished or performed in connection with this con-
tract. Bond shall be written by surety company which has qualified and is authorized to do
business in the State of Arkansas and must be executed by a resident local agent who is
entitled to full commission paid local agents and who is licensed by the Insurance
'
Commissioner to represent surety company executing said bond and filing with said bond,
his power of attorney as his authority. Mere countersigning of a bond will not be
sufficient. Bond shall be written in favor of Owner, and executed pursuant to terms of Act
351 of 1953 of the Arkansas State Legislature, as amended. An original and two copies of
bond must be fiunished, with power of attorney attached to each. Bond must not be dated
prior to date of the contract. Contractor shall file (not record) the original with the Clerk
in the Circuit Court of the County in which Work to be performed is located. Contractor
to pay all expenses incident the filing of bond. Remaining two copies should be certified
by the Clerk to evidence fling of original, and these two copies submitted to Architect.
PART 2- PRODUCTS (Not Applicable)
PART 3- EXECUTION (Not Applicable)
END OF DOCUMENT 00600
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1.01 AUTHORITY
A. General Conditions and Supplementary Conditions are an integral part of all sections of
Project Manual Their contents and provisions shall be carefully noted in performance of
Work
1.02 GOVERNING STANDARD DOCUMENT
A. "General Conditions of the Contract for Construction", Document No. A201 of American
Institute of Architects, Fourteenth Edition dated 1987, Articles 1 through 14 inclusive,
consisting of twenty-four printed pages, is hereby bound and incorporated into these
specifications and is to be used as the General Conditions for this contract.
1.03 AMENDED PROVISIONS
A. Where any article or articles of above A.I.A. General Conditions are supplemented by
Supplementary Conditions, provisions of such articles shall remain in effect and
supplementary provisions shall be considered as added thereto. Where any such article or
part of such article is amended, voided or changed by Supplementary Conditions,
provisions not specifically so amended, voided or changed shall remain in fill effect.
Where provisions of Supplementary Conditions are at variance or conflict with provisions
of the A.I.A. General Conditions, Supplementary Conditions shall govern. AI.A. General
Conditions and Supplementary Conditions apply to all Work in every Division or Section
of these Specifications.
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PART 3- EXECUTION (Not Applicable)
END OF DOCUMENT 00700
I97017 -Walker Park Parking Lot 00700-1
General Conditions of the Contract for Construction
AIA Document A201 - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
'
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
This document has been approved and endorsed by the Associated General Contractors of America.
'Copyright 1911. 1915. 1918, 1925, 1927. 1951, 1958, 1961, 1963, 1967, 1970, 1976, 1987 by The American Institute of Architects. 1735 New York Avenue N.W..
Washington D.C. 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright
laws of the United States and will be subject to legal prosecutions.
I TABLE OF ARTICLES
' 1. GENERAL PROVISIONS 8. TIME
2. OWNER 9. PAYMENTS AND COMPLETION
' 3. CONTRACTOR 10. PROTECTION OF PERSONS AND
PROPERTY
4. ADMINISTRATION OF THE CONTRACT
11. INSURANCE AND BONDS
5. SUBCONTRACTORS
6. CONSTRUCTION BY OWNER OR BY •12. UNCOVERING AND CORRECTION OF
WORK
SEPARATE CONTRACTORS
1 7. CHANGES IN THE WORK 13. MISCELLANEOUS PROVISIONS
14. TERMINATION OR SUSPENSION OF THE
ICONTRACT
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AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
' AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without
violation until the date of expiration as noted below.
Electronic Format A201-1987
' User Document: WALK201.DOC -- 5/4/1998. AIA License Number 131378, which expires on 6/30/1998 --Page #1
I
Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3
Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3
Access to Work 3.16, 6.2.1, 12.1
Accident Prevention 4.2.3, 10
Acts and Omissions 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.2.3,
4.3.2, 4.3.9, 8.3.1,10.1.4, 10.2.5, 13.4.2, 13.7, 14.1
Addenda 1.1.1, 3.11
Additional Costs, Claims for 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3
Additional Inspections and Testing 4.2.6, 9.8.2, 12.2.1, 13.5
Additional Time, Claims for 4.3.6, 4.3.8, 4.3.9, 8.3.2
ADMINISTRATION OF THE CONTRACT 3.3.3, 4, 9.4, 9.5
Advertisement or Invitation to Bid 1.1.1
Aesthetic EtTect - 4.2.13, 4.5.1
Allowances 3.8
All-risk Insurance 11.3.1.1
Applications for Payment 4.2.5, 7.3.7, 9.2, 9.3, 9.4, 9.5.1,
9.6.3, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 11.1.3, 14.2.4
Approvals . 2.4, 3:3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8,
3.18.3, 4.2.7, 9.3.2, 11.3.1.4, 13.4.2, 13.5
Arbitration 4.1.4, 4.3.2, 4.3.4, 4.4.4,4.5, 8.3.1,
10.1.2, 11.3.9,11.3.10
Architect 4.1
Architect, Definition of 4.1.1
Architect, Extent of Authority 2.4, 3.12.6, 4.2, 4.3.2, 4.3.6, 4.4,
5.2,6.3,7.1.2,7.2;1,7.3.6,7.4,9.2,9.3.1,9.4,9.5,
9.6.3,9.8.2;9.8.3,9.10.1,9.10.3, 12.1,
12.2.1,13.5.1, 13.5.2, 14.2.2, 14.2.4
Architect, Limitations of Authority and Responsibility 3.3.3,
3.12.8,3.12.11,4.1.2,4.2.1,4.2.2,4.2.3,4.2.6,
4.2.7,4.2.10,4.2.12,4.2.13,4.3.2,5.2.1,7.4,9.4.2,9.6.4,9.6.6
Architect's Additional Services and Expenses 2.4, 9.8.2, 11.3.1.1,
12.2.1,12.2.4,13.5.2,13.5.3,14.2.4
Architect's Administration of the Contract 4.2, 4.3.6,
_ .. 4.3.7, 4.4, 9.4, 9.5
Architect's Approvals 2.4, 3.5.1, 3.10.2, 3.12.6,
3.12.8, 3.18.3, 4.2.7
Architect's Authority to Reject Work 3.5.1, 4.2.6, 12.1.2, 12.2.1
Architect's Copyright 1.3
Architects Decisions 4.2.6, 4.2.7,4.211,4.2.12,4.2.13. 4.3.2,
4.3.6, 4.4.1,4.4.4,4.5,6.3.7.3.6,7.3.8,8.1.3,8.3.1,9.2,
9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 142.4
Architect's Inspections - 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2,
9.9.2, 9.10.1, 13.5
Architects instructions 4.2.6, 4.2.7, 4.2.8, 4.3.7,
7.4.1, 12.1, 13.5.2
Architect's Interpretations 4.2.11, 4.2.12, 4.3.7
Architect's On -Site Observations 4.2.2, 4.2.5, 4.3.6, 9.4.2,
9.5.1, 9.10.1, 13.5
Architect's Project Representative 4.2.10
Architect's Relationship with Contractor 1.1.2, 3.2.1, 3.2.2,
3.3.3,3.5.1,3.7.3,3.11,3.12.8,3.12.11,3.16,3.18,4.2.3,
4.2.4,4.2.6,4.2.12,5.2,6.2.2, 7.3.4,
9.8.2,11.3.7,12.1,13.5
Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4,
4.2.6, 9.6.3, 9.6.4, 11.3.7
Architect's Representations 9.4.2, 9.5.1, 9.10.1
Architect's Site Visits 4.2.2, 4.2.5, 4.2.9, 4.3.6,9.4.2,
INDEX
9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5
Asbestos 10.1
AttorneysFees 3.18.1, 9:10.2, 10.1.4
Award of Separate Contracts 6.1.1
Award of Subcontracts and Other Contracts
for Portions of the Work 5.2
Basic Definitions 1.1
Bidding Requirements 1.I.1, 1.1.7, 5.2.1, 11.4.1
Boiler and Machinery Insurance 11.3.2
Bonds, Lien 9.10.2
Bonds, Performance and Payment 7.3.6.4, 9.10.3, 11.3.9, 11.4
Building Permit . 3.7.1
Capitalization. 1.4
Certificate of Substantial Completion 9.8.2
Certificates for Payment 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1,
9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4
Certificates of Inspection, Testing or Approval 3.12.11, 13.5.4
Certificates of Insurance 9.3.2, 9.10.2; 11.1.3
Change Orders 1.1.1, 2.4.1, 3.8.2.4, 3.11, 4.2.8, 4.3.3, 5.2.3,
7.1, 7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2,
11.3.4, 11.3.9, 12.1.2
Change Orders, Definition of 7.2.1
Changes 7.1
CHANGES IN THE WORK 3.1114.2.81 7, 8.3.1, 9.3.1.1, 10.1.3
Claim, Definition of 4.3.1
Claims and Disputes 4.3, 4.414.5, 6.2.5, 8.3.2, 9.3.1.2,
9.3.3, 9.10.4, 10.1.4
Claims and Timely Assertion of Claims 4.5.6
Claims for Additional Cost 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3
Claims for Additional Time 4.3.6, 4.3.8, 4.3.9, 8.3.2
Claims for Concealed or Unknown Conditions 4.3.6
Claims for Damages 3.1814.3.9, 6.1.1, 6.2.5, 8.3.2,
9.5.1.2, 10.1.4
Claims Subject to Arbitration 4.3.2, 4.4.4, 4.5.1
Cleaning Up 3.15, 6.3
Commencement of Statutory Limitation Period 13.7
Commencement of the Work, Conditions Relating to 2.1.2, 2.2.1,
3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1, 6.2.2,
8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1
Commencement of the Work, Definition of 8.1.2
Communications Facilitating Contract
Administration 3.9.14.2.4, 5.2.1
Completion, Conditions Relating to 3.11, 3.15, 4.2.2, 4.2.9,
4.3.2, 9.4.2, 9.8, 9.9.1, 9.10, 11.3.5, 12.2.2, 13.7.1
COMPLETION, PAYMENTS AND 9
Completion, Substantial 4.2.9, 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8,
9.9.1, 12.2.2, 13.7
Compliance with Lawsl .3, 3.6, 3.7, 3.13, 4.1.1, 10.2.2,
11.1,11.3,13.1,13.5.1,13.5.2,13.6,14.1.1,14.2.1.3
Concealed or Unknown Conditions . 4.3.6
Conditions of the Contract 1.1.1,1.1.7, 6.1.1
Consent, Written/. 3.1, 3.12.8, 3.14.2, 4.1.2, 4.3.4. 4.5.5, 9.3.2,
9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 10.1.3, 11.3.1,
11.3.1.4,11.3.11,13.2,13.4.2
CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS 1.1.4,6
Construction Change Directive, Definition of ` . 7.3.1
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
ADIERICAN rNSTrrUrE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
violates U.S. copyright laws and is subject to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced without
violation until the date of expiration as noted below.
Electronic Format A201-1987
User Document: WALK201.DOC -- 5/4/1998. AIA License Number 131378, which expires on 6/30/1998 -- Page.#2
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Construction Change Directives 1.1.1, 4.2.8, 7.1, 7.3, 9.3.1.1
Construction Schedules, Contractor's 3.10, 6.1.3
Contingent Assignment of Subcontracts 5.4
Continuing Contract Performance 4.3.4
Contract, Definition of 1.1.2
CONTRACT, TERMINATION OR SUSPENSION
OF THE 4.3.7, 5.4.1.1, 14
Contract Administration 3.3.3, 4, 9.4, 9.5
Contract Award and Execution, Conditions Relating to 3.7.1,
3.10, 5.2, 9.2, 11.1.3, 11.3.6, 11.4.1
Contract Documents, The 1.1, 1.2,7
Contract Documents, Copies Furnished and Use of 1.3, 2.2.5, 5.3
Contract Documents, Definition of 1.1.1
Contract Performance During Arbitration 4.3.4, 4.5.3
Contract Sum 3.8, 4.3.6, 4.3.7, 4.4.4, 5.2.3, 6.1.3,
7.2, 7.3, 9.1, 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4
Contract Sum, Definition of 9.1
Contract Time 4.3.6, 4.3.8, 4.4.4, 7.2.1.3, 7.3, 8.2.1,
8.3.1, 9.7, 12.1.1
Contract Time, Definition of 8.1.1
CONTRACTOR 3
Contractor, Definition of 3.1, 6.1.2
Contractors Bid 1.1.1
Contractor's Construction Schedules 3.10, 6.1.3
Contractor's Employees 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.2.3,
4.2.6, 8.1.2, 10.2,10.3,11.1.1, 14.2.1.1
Contractor's Liability Insurance 11.1
Contractor's Relationship with Separate Contractors
and Owner's Forces 2.2.6, 3.12.5, 3.14.2, 4.2.4, 6, 12.2.5
Contractor's Relationship with Subcontractors 1.2.4, 3.3.2,
3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2
Contractors Relationship with the Architect 1.1.2, 3.2.1, 3.2.2,
3.3.3,3.5.1,3.7.3,3.11,3.12.8,3.16,3.18,4.2.3,4.2.4,4.2.6,
4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5
Contractor's Representations 1.2.2, 3.5.1, 3.12.7, 6.2.2,
8.2.1, 9.3.3
Contractor's Responsibility for Those Performing the Work 3.3.2,
3.18,4.2.3, 10
Contractors Review of Contract Documents 1.2.2, 3.2, 3.7.3
Contractors Right to Stop the Work 9.7
Contractors Right to Terminate the Contract 14.1
Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3,
7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,9.10.3,
10.1.2, 11.4.2, 11.4.3
Contractor's Superintendent 3.9, 10.2.6
Contractor's Supervision and Construction Procedures 1.2.4, 3.3,
3.4, 4.2.3, 8.2.2, 8.2.3, 10
Contractual Liability Insurance 11.1.1.7, 11.2.1
Coordination and Correlation 1.2.2, 1.2.4, 3.3.1, 3.10, 3.12.7,
6.1.3, 6.2.1
Copies Furnished of Drawings and Specifications 1.3, 2.2.5, 3.11
Correction of Work 2.3, 2.4, 4.2.1, 9.8.2, 9.9.1,
12.1.2, 12.2, 13.7.1.3
Cost, Definition of 7.3.6, 14.3.5
Costs 2.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2., 4.3.6, 4.3.7, 4.3.8.1,
5.2.3,6.1.1,6.2.3,6.3,7.3.3.3,7.3.6,7.3.7,9.7,9.8.2,9.10.2,
11.3.1.2,11.3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1, 12.2.4,
12.2.5, 13.5, 14
Cutting and Patching 3.14, 6.2.6
Damage to Construction of Owner or Separate Contractors 3.14.2,
6.2.4,9.5.1.5,10.2.1.2,10.2.5,10.3,11.1,11.3,12.2.5
Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3
Damages, Claims for 3.18, 4.3.9, 6.1.1.6.2.5,
8.3.2, 9.5.1.2. 10.1.4
Damages for Delay 6.1.1, 8.33, 9.5.1.6, 9.7
Date of Commencement of the Work, Definition of 8.1.2
Date of Substantial Completion, Definition of 8.1.3
Day, Definition of 8.1.4
Decisions of the Architect 4.2.6, 4.2.7, 4.2.11,
4.2.12, 4.2.13,4.3.2,4.3.6,4.4.1,4.4.4,4.5,6.3,
7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2,
9.9.1,10.1.2,13.5.2,14.2.2,14.2.4
Decisions to Withhold Certification 9.5, 9.7, 14.1.1.3
Defective or Nonconforming Work, Acceptance,
Rejection and Correction of 2.3, 2.4, 35.1, 4.2.1,
4.2.6, 4.3.5, 9.5.2, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3
Defective Work, Definition of 3.5.1
Definitions II, 2.1.1, 3.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3,
4.1.1,4.3.1,5.1,6.1.2,7.2.1,7.3.1,7.3.6,8.1,9.1,9.8.1
Delays and Extensions of Time 4.3.1, 4.3.8.1, 4.3.8.2,
6.1.1,6.2.3,7.2.1,7.3.1,7.3.4,7.3.5,7.3.8,
7.3.9, 8.1.1, 8.3, 10.3.1, 14.1.1.4
Disputes 4.1.4, 4.3, 4.4, 4.5. 6.2.5, 6.3, 7.3.8, 9.3.1.2
Documents and Samples at the Site 3.11
Drawings, Definition of 1.1.5
Drawings and Specifications, Use and Ownership of 1.1.1, 1.3,
2.2.5, 3.11, 5.3
Duty to Review Contract Documents and Field Conditions 3.2
Effective Date of Insurance 8.2.2. 11.1.2
Emergencies 4.3.7, 10.3
Employees, Contractors 3.3.2., 3.4.2, 3.8.1, 3.9, 3.18.1,
3.18.2, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1
Equipment, Labor, Materials and 1.1.3, 1.1.6, 3.4, 3.5.1,
3.8.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7,
6.2.1,7.3.6,9.3.2,9.3.3,11.3,12.2.4,14
Execution and Progress of the Work 1.1.3, 1.2.3, 3.2, 3.4.1,
3.5.1, 4.2.2, 4.2.3, 4.3.4, 4.3.8, 6.2.2, 7.1.3,
7.3.9, 8.2, 8.3, 9.5, 9.9.1, 10.2, 14.2, 14.3
Execution, Correlation and Intent of the
Contract Documents 1.2, 3.7.1
Extensions of Time 4.3.1, 4.3.8, 7.2.1.3, 8.3, 10.3.1.
Failure of Payment by Contractor 9.5.1.3, 14.2.1.2
Failure of Payment by Owner 4.3.7, 9.7, 14.1.3
Faulty Work (See Defective or Nonconforming Work)
Final Completion and Final Payment 4.2.1, 4.2.9, 4.3.2,
4.3.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7
Financial Arrangements, Owners 2.2.1
Fire and Extended Coverage Insurance 11.3
GENERAL PROVISIONS 1
Governing Law 1.3.1
Guarantees (See Warranty and Warranties)
Hazardous Materials 10.1, 10.2.4
Identification of Contract Documents 1.2.1
Identification of Subcontractors and Suppliers 5.2.1
Indemnification 3.17, 3.18, 9.10.2, 10.1.4, 11.3.1.2, 11.3.7
Information and Services Required of the Owner 2.1.2, 2.2,
4.3.4, 6.1.3, 6.1.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2,
9.10.3, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987- THE
AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without
violation until the date of expiration as noted below.
Electronic Format A201-1987
I
User Document: WALK201.DOC -- 5/4/1998. AIA License Number 131378, which expires on 6/30/1998 --Page #3
Injury or Damage to Person or Property 4.3.9
Inspections 3.3.3, 3.3.4, 3.7.1, 4.2.2,
4.2.6, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5
Instructions to Bidders 1.1.1
Instructions to the Contractor 3.8.1, 4.2.8, 5.2.1, 7, 12.1, 13.5.2
Insurance 4.3.9, 6.1.1, 7.3.6.4, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 11
Insurance, Boiler and Machinery 11.3.2
Insurance, Contractor's Liability - 11.1
Insurance, Effective Date of 8.2.2, 11.1.2
Insurance, Loss of Use 11.3.3
Insurance, Owner's Liability - 11.2
Insurance, Property 10.2.5, 11.3
Insurance, Stored Materials 9.3.2, 11.3.1.4
INSURANCE AND BONDS . 11
Insurance Companies. Consent to Partial
Occupancy 9.9.1, 11:3.11
Insurance Companies, Settlement with 11.3.10
Intent of the Contract Documents 1.2.3, 3.12.4,
4.2.6, 4.2.7, 4.2.12, 4.2.13, 7.4
Interest. 13.6
Interpretation 1.2.5, 1.4, 1.5, 4.1.1, 4.3.1, 5.1, 6.1.2, 8.1.4
interpretations, Written 4.2.11, 4.2.12, 4.3.7
Joinder and Consolidation of Claims Required - 4.5.6
Judgment on Final Award 4.5.1, 4.5.4.1, 4.5.7
Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2,
3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,
4.2.7, 6.2.1,7.3.6,9.3.2,9.3.3, 12.2.4, 14
Labor Disputes 8.3.1
Laws and Regulations 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.5.5
4.5.7,9.9.1,10.2.2,11.1,11.3,13.1,13.4,135.1,13.5.2,13.6
Liens 2.1.2, 4.3.2, 4.3.5.1, 8.2.2, 9.3.3, 9.10.2
Limitation on Consolidation or Joinder 4.5.5
Limitations, Statutes of - 4.5.4.2, 12.2.6,13.7
Limitations of.Authority 3.3.1, 4.1.2, 4.2. ] ,
4.2.3, 4.2.7, 4.2.10, 5.2.2, 5.2.4, 7.4, 11.3.10
Limitations of Liability 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11,
3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.10.4,
• 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5.2
Limitations of Time, General 2.2.1, 2.2.4, 3.2.1, 3.7.3,
3.8.2,3.10,3.12.5,3.15.1,4.2.1,4.2.7,4.2.11,4.3.2,
4.3.3, 4.3.4, 4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4, 7.4,
8.2, 9.5, 9.6.2, 9.8, 9.9, 9.10, 1 1.1.3, 11.3.1, 11.3.2, 11.3.5,
1 - 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7
Limitations of Time, Specific 2.1.2, 2.2.1, 2.4, 3..10, 3.11,
3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4,-7.3.5, 7.3.9,
8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3,
11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7,14
Loss of Use Insurance 11.3.3
Material Suppliers 1.3.1, 3.12.1, 4.2.4, 4.2.6, 5.2.1,
9.3.1,9.3.1.2,9.3.3,9.4.2,9.6.5,9.10.4
Materials, Hazardous 10.1, 10.2.4
Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2,
3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,6.2.1,
7.3.6, 9.3.2, 9.3.3, 12.2.4, 14
Means, Methods, Techniques, Sequences and
Procedures of Construction 3.3.1, 4.2.3, 4.2.7, 9.4.2
Minor Changes in the Work - - 1.1.1, 4.2.8, 4.3.7, 7.1, 7.4
MISCELLANEOUS PROVISIONS 13
Moditcations, Definition of 1.1.1
Modifications to the Contract 1. L1, 1.1.2, 3.7.3, 3.11,
4.2.1,5.2.3,7, 8.3.1,9.7
Mutual Responsibility 6.2
Nonconforming Work, Acceptance of 12.3
Nonconforming Work, Rejection and Correction of 2.3.1,
4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3
Notice 2.3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8,
3.12.9, 3.17, 4.3, 4.4.4,4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1,
9.5.1, 9.6.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, ]2.2.2,
12.2.4, 13.3, 13.5.1, 13.5.2, 14,
Notice, Written 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3,
4.4.4,4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10,
10.1.2,10.2.6,11.1.3,11.3,12.22,12.2.4,13.3,13.5.2,14
Notice of Testing and Inspections 13.5.1, 13.5.2
Notice to Proceed 8.2.2
Notices, Permits, Fees and 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2
Observations, Architect's On -Site 4.2.2, 4.2.5,
4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5
Observations, Contractor's 1.2.2, 3.2.2
Occupancy 9.6.6, 9.8.1.9.9, 11.3.11
On -Site Inspections by the Architect 4.2.2, 4.2.9, 4.3.6,
9.4.2, 9.8.2, 9.9.2, 9.10.1
On -Site Observations by the Architect 4.2.2, 4.2.5, 4.3.6,
9.4.2, 9.5.1, 9.10.1, 13.5
Orders, Written 2.3, 3.9, 4.3.7, 7, 8.2.2, 11.3.9, 12.1,
12.2, 13.5.2, 14.3.1
OWNER 2
Owner, Definition of 2.1
Owner, Information and Services Required of the 2.1.2,
2.2,4.3.4,6,9, 10.1.4, 11.2,11.3, 13.5.1, 14.1.1.5, 14.1.3
Owner's Authority 3.8.1, 4.1.3, 4.2.9, 5.2.1, 5.2.4, 5.4.1,
7.3.1, 8.2.2, 9.3.1, 9.3.2, 11.4.1, 12.2.4, 13.5.2, 14.2, 14.3.1
Owners Financial Capability 2.2.1, 14.1.1.5
Owner's Liability Insurance 11.2
Owners Loss of Use Insurance 11.3.3
Owners Relationship with Subcontractors 1.1.2, 5.2.1, 5.4.1, 9.6.4
Owner's Right to Carry Out -the Work - 2.4, 12.2.4, 14.2.2.2
Owner's Right to Clean Up - ; 6.3
Owner's Right to Perform Construction and to Award Sepa
Contracts 6.1
Owner's Right to Stop the Work - 2.3, 4.3.7
Owners Right to Suspend the Work - 14.3
Owners Right to Terminate the Contract _ t14.2
Ownership and Use of Architect's Drawings, Specifications
Other Documents 1.1.1, 1.3, 2.2.5, 5.3
Partial Occupancy or Use 9.6.6, 9.9, 11.3.11
Patching, Cutting and 3.14, 6.2.6
Patents, Royalties and 3.17
Payment, Applications for 4.2.5, 9.2, 9.3, 9.4,
9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4
Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5,
9.6.1,9.6.6,9.7.1,9.8.3,9.10.1,9.10.3,13.7,14.1.1.3,14.2.4
Payment, Failure of 4.3.7, 9.5.1.3, 9.7,
9.10.2, 14.1.1.3, 14.2.1.2
Payment, Final 14.2.1, 4.2.9, 4.3.2, 4.3.5, 9.10, 11.1.2
11.1.3, 11.3.5, 12.3.1
Payment Bond, Performance Bond and 7.3.6.4, 9.10.3;
11.3.9, 11.4
Payments, Progress 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3
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AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 - THE
AMERICAN INSTITUTE OF ARCHITECTS; 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with pemtission of the AIA and can be reproduced without
violation until the date of expiration as noted below.
Electronic Format . A201-1987
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PAYMENTS AND COMPLETION 9, 14
Payments to Subcontractors 5.4.2, 9.5.1.3,
9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2
PCB 10.1
Performance Bond and Payment Bond 7.3.6.4,
9.10.3, 11.3.9, 11.4
Permits, Fees and Notices 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2
PERSONS AND PROPERTY, PROTECTION OF 10
Polychlorinated Bipheny 10.1
Product Data, Definition of 3.12.2
Product Data and Samples, Shop Drawings .1113.1294.2.7
Progress and Completion 4.2.2, 4.3.4, 8.2
Progress Payments 4.3.4, 9.3,
9.6, 9.8.3, 9.10.3, 13.6, 14.2.3
Project, Definition of the 1.1.4
Project Manual, Definition of the 1.1.7
Project Manuals 2.2.5
Project Representatives 4.2.10
Property Insurance 10.2.5, 11.3
PROTECTION OF PERSONS AND PROPERTY 10
Regulations and Laws 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.5.5
4,5.7. 10.2.2,11.1,11.3,13.1,13.4,13.5.1.13.5.2,13.6,14
Rejection of Work 3.5.1, 4.2.6, 12.2
Releases of Waivers and Liens 9.10.2
Representations 1.2.2, 3.5.1, 3.:2.7, 6.2.2, 8.2.1, 9.3.3,
9.4.2,9.5.1,9.8.2,9.10.1
Representatives 2.1.1, 3.1.1, 3.9, 4.1.1,
4.2.1,4.2.10,5.1.1,5.1.2, 13.2.1
Resolution of Claims and Disputes 4.4, 4.5
Responsibility for Thosc Performing the
Work 3.3.2, 4.2.3, 6.1.3, 6.2, 10
Retainage 9.3.1, 9.6.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3
Review of Contract Documents and Field
Conditions by Contractor 1.2.2, 3.2, 3.7.3, 3.12.7
Review of Contractor's Submittals by Owner and Architect 3.10.1
3.10.2, 3.11, 3.12,
4.2.7, 4.2.9, 5.2.1, 5.2.3, 9.2, 9.8.2
Review of Shop Drawings, Product Data and Samples
by Contractor 3.12.5
Rights and Remedies 1.1.2, 2.3, 2.4, 3.5.1, 3.15.2,
4.2.6, 4.3.6, 4.5, 5.3, 6.1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10.2.5,
10.3, 12.2.2, 12.2.4, 13.4, 14
Royalties and Patents 3.17
Rules and Notices for Arbitration 4.5.2
Safety of Persons and Property
10.2
Safety Precautions and Programs
4.2.3, 4.2.7, 10.1
Samples, Definition of
3.12.3
Samples, Shop Drawings, Product Data and
3.11, 3.12, 4.2.7
Samples at the Site, Documents and
3.11
Schedule of Values
9.2, 9.3.1
Schedules, Construction
3.10
Separate Contracts and Contractors
1.1.4, 3.14.2, 4.2.4,
4.5.5,6,
11.3.7, 12.1.2, 12.2.5
Shop Drawings, Definition of
3.12-1
Shop Drawings, Product Data and Samples
3.11, 3.12, 4.2.7
Site, Use of
3.13, 6.1.1, 6.2.1
Site Inspections 1.2.2,
3.3.4, 4.2.2,4.2.9,
4.3.6,
9.8.2, 9.10.1, 13.5
Site Visits, Architect's 4.2.2,
4.2.5, 4.2.9, 4.3.6,
9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5
Special Inspections and Testing 4.2.6, 12.2.1, 13.5
Specifications, Definition of the 1.1.6
Specifications, The 1.1.1, 1.1.6, 1.1.7, 1.2.4, 1.3, 3.11
Statute of Limitations 4.5.4.2, 12.2.6, 13.7
Stopping the Work 2.3, 4.3.7, 9.7, 10.1.2, 10.3, 14.1
Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 11.3.1.4, 12.2.4
Subcontractor, Definition of 5.1.1
SUBCONTRACTORS 5
Subcontractors, Work by 1.2.4, 3.3.2, 3.12.1, 4.2.3, 5.3, 5.4
Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6.2,
9.6.3, 9.6.4, 10.2.1, 11.3.7,11.3.8,14.1.1,14.2.1.2, 14.3.2
Submittals 1.3, 3.2.3, 3.10, 3.1113.12,4.2.7, 5.2.1, 5.2.3,
7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.1.3
Subrogation, Waivers of 6.1.1, 11.3.5, 11.3.7
Substantial Completion 4.2.9, 4.3.5.2, 8.1.1, 8.1.3,
8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7
Substantial Completion, Definition of 9.8.1
Substitution of Subcontractors 5.2.3, 5.2.4
Substitution of the Architect 4.1.3
Substitutions of Materials 3.5.1
Sub -subcontractor, Definition of 5.1.2
Subsurface Conditions 4.3.6
Successors and Assigns 13.2
Superintendent 3.9, 10.2.6
Supervision and Construction Procedures 1.2.4, 3.3, 3.4,
4.2.3, 4.3.4, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14
Surety 4.4.1, 4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2
Surety, Consent of 9.9.1, 9.10.2, 9.10.3
Surveys 2.2.2, 3.18.3
Suspension by the Owner for Convenience 14.3
Suspension of the Work 4.3.7, 5.4.2, 14.1.1.4, 14.3
Suspension or Termination of the Contract 4.3.7, 5.4.1.1, 14
Taxes 3.6, 7.3.6.4
Termination by the Contractor 14.1
Termination by the Owner for Cause 5.4.1.1, 14.2
Termination of the Architect 4.1.3
Termination of the Contractor 14.2.2
TERMINATION OR SUSPENSION OF THE CONTRACT 14
Tests and Inspections 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.1, 13.5
TIME 8
Time, Delays and Extensions of 4.3.8, 7.2.1, 8.3
Time Limits, Specific 2.1.2, 2.2.1, 2.4, 3.10, 3.11, 3.15.1,
4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1,
9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10,
11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14
Time Limits on Claims 4.3.2, 4.3.3, 4.3.6, 4.3.9, 4.4, 4.5
Title to Work 9.3.2, 9.3.3
UNCOVERING AND CORRECTION OF WORK 12
Uncovering of Work 12.1
Unforeseen Conditions 4.3.6, 8.3.1, 10.1
Unit Prices 7.1.4, 7.3.3.2
Use of Documents 1.1.1, 1.3, 2.2.5, 3.12.7, 5.3
Use of Site 3.13, 6.1.1, 6.2.1
Values, Schedule of 9.2, 9.3.1
Waiver of Claims: Final Payment 4.3.514-5.1, 9.10.3
Waiver of Claims by the Architect 13.4.2
Waiver of Claims by the Contractor 9.10.4, 113.7, 13.4.2
Waiver of Claims by the Owner 4.3.5, 4.5.1, 9.9.3,
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 - THE
AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK. AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without
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9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2
Waiver of Liens 9.10.2
Waivers of Subrogation 6.1.1, 11.3.5, 11.3.7
Warranty and Warranties 3.5, 4.2.9,
4.3.5.3, 9.3.3, 9.8.2, 9.9.1, 12.2.2, 13.7.1.3
Weather Delays 4.3.8.2
When Arbitration May Be Demanded 4.5.4
Work. Definition of 1.1.3
Written Consent 1.3.1, 3.12.8, 3.14.2, 4.1.2, 4.3.4,
4.5.5,9.3.2;9.8.2,9.9.1,9.10.2;9.10.3,10.1.2,10.1.3
11.3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2
Written Interpretations 4.2.11, 4.2.12, 4.3.7
Written Notice 2.3,2.4,3.9,3.12:8,3.12.9,4.3,4.4.4,
4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1,9.5.1,9.7,9.10,10.1.2,
10.2.6, 11.1.3, 11.3,12.2.2,12.2.4,13.3,13.5.2,14
Written Orders 2.3, 3.9, 4.3.7.
7,8.2.2,11.3.9,12.1,12.2,13.5.2,14.3.1
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
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violation until the date of expiration as noted below.
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GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
ARTICLE 1
GENERAL PROVISIONS
1.1 BASIC DEFINITIONS
1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement between
Owner and Contractor (hereinafter the Agreement),
Conditions of the Contract (General, Supplementary and
other Conditions), Drawings, Specifications, addenda issued
prior to execution of the Contract, other documents listed in
the Agreement and Modifications issued after execution of
the Contract. A Modification is (1) a written amendment to
the Contract signed by both parties. (2) a Change Order, (3)
a Construction Change Directive or (4) a written order for a
minor change in the Work issued by the Architect. Unless
specifically enumerated in the Agreement, the Contract
Documents do not include other documents such as bidding
requirements (advertisement or invitation to bid, Instructions
to Bidders, sample forms. the Contractor's bid or portions of
addenda relating to bidding requirements).
1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction.
The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. The
Contract may be amended or modified only by a
Modification. The Contract Documents shall not be
construed to create a contractual relationship of any kind (1)
between the Architect and Contractor, (2) between the
Owner and a Subcontractor or Sub -subcontractor or (3)
between any persons or entities other than the Owner and
Contractor. The Architect shall, however, be entitled to
performance and enforcement of obligations under the
Contract intended to facilitate performance of the Architect's
duties.
1.1.3 THE WORK
The term "Work" means the construction and services
required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials,
equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations. The Work
may constitute the whole or a part of the Project.
1.1.4 THE PROJECT
The Project is the total construction of which the Work
performed under the Contract Documents may be the whole
or a part and which may include construction by the Owner
or by separate contractors.
1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the
Contract Documents, wherever located and whenever issued.
showing the design, location and dimensions of the Work,
generally including plans, elevations, sections, details,
schedules and diagrams.
1.1.6 THE SPECIFICATIONS
The Specifications are that portion of the Contract
Documents consisting of the written requirements for
materials, equipment, construction systems, standards and
workmanship for the Work, and performance of related
services.
1.1.7 THE PROJECT MANUAL
The Project Manual is the volume usually assembled for the
Work which may include the bidding requirements, sample
forms, Conditions of the Contract and Specifications.
1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 The Contract Documents shall be signed by the
Owner and Contractor as provided in the Agreement. If
either the Owner or Contractor or both do not sign all the
Contract Documents, the Architect shall identify such
unsigned Documents upon request.
1.2.2 Execution of the Contract by the Contractor is a
representation that the Contractor has visited the site,
become familiar with local conditions under which the Work
is to be performed and correlated personal observations with
requirements of the Contract Documents.
1.2.3 The intent of the Contract Documents is to include
all items necessary for the proper execution and completion
of the Work by the Contractor. The Contract Documents are
complementary, and what is required by one shall be as
binding as if required by all; performance by the Contractor
shall be required only to the extent consistent with the
Contract Documents and reasonably inferable from them as
being necessary to produce the intended results.
1.2.4 Organization of the Specifications into divisions,
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
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sections and articles, and arrangement of Drawings shall not
control the Contractor in dividing the Work among
Subcontractors or in establishing the extent of Work to be
performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents,
words which have well-known technical or construction
industry meanings are used in the Contract Documents in
accordance with such recognized meanings.
1.3 OWNERSHIP AND USE OF ARCHITECT'S
DRAWINGS, SPECIFICATIONS AND
OTHER DOCUMENTS
1.3.1 The Drawings, Specifications and other documents
prepared by the Architect are instruments of the Architect's
service through which the Work to be executed by the
Contractor is described. The Contractor may retain one
contract record set. Neither the Contractor nor any
Subcontractor. Sub -subcontractor or material or equipment
supplier shall own or claim a copyright in the Drawings.
Specifications and other documents prepared by the
Architect, and unless otherwise indicated the Architect shall
be deemed the author of them and will retain. all common
law, statutory and other reserved rights, in addition to the
copyright. All copies of them, except the Contractor's record
set. shall be returned or suitably accounted for to the
Architect, on request, upon completion of the Work. The
Drawings, Specifications and other documents prepared by
the Architect, and copies thereof furnished to the Contractor,
are for use solely with respect to this Project. They are not to
be .. used by the Contractor or any Subcontractor,
Sub -subcontractor or material or equipment supplier on other
projects or for additions to this Project outside the scope of
the Work without the specific written consent of the Owner
and Architect. The Contractor, Subcontractors,
Sub -subcontractors and material or equipment suppliers are
granted a limited license to use and reproduce applicable
portions of the Drawings, Specifications and other
documents prepared by the Architect appropriate to and for
use in the execution of their Work under the Contract
Documents. All copies made under this license shall bear
the statutory copyright notice, if any, shown on the
Drawings, Specifications and other documents prepared by
the Architect Submittal or distribution to meet official
regulatory requirements or for other purposes in connection
with this Project is not to be construed as publication in
derogation of the Architect's copyright or other reserved
rights.
1.4 CAPITALIZATION
1.4.1 Terms capitalized in these General Conditions
include those which are (I) specifically defined, (2) the titles
of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or (3) the tides
of other documents published by the American Institute of
Architects.
1.5 INTERPRETATION
1.5.1 In the interest of brevity the Contract Documents
frequently omit modifying words such as "all" and "any" and
articles such as "the" and "an," but the fact that a modifier or
an article is absent from one statement and appears in
another is not intended to affect the interpretation of either
statement.
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The Owner is the person or entity identified as such
in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Owner"
means the Owner or the.Owner's authorized representative.
2.1.2 The Owner upon reasonable written request shall
furnish to the Contractor in writing information which is
necessary and relevant for the Contractor to evaluate, give
notice of or enforce mechanic's lien rights. Such information
shall include a correct statement of the record legal title to
the property on which the Project is located, usually referred
to as the site; and the Owner's interest therein at the time of
execution of the Agreement and, within five days after any
change, information of such change in title, recorded or
unrecorded.
2.2 INFORMATION AND SERVICES REQUIRED
OF THE OWNER
2.2.1 The Owner shall, at the request of the Contractor,
prior to execution of the Agreement and promptly from time
to time thereafter, furnish to the Contractor reasonable
evidence that financial arrangements have been made to
fulfill the Owner's obligations under the Contract. [Note:
Unless such reasonable evidence were furnished on request
prior to the execution of the Agreement, the prospective
contractor would not be required to execute the Agreement
or to commence the Work.]
2.2.2 The Owner shall furnish surveys describing physical
characteristics, legal limitations and utility locations for the
site of the Project, and a legal description of the site.
2.2.3 Except
for permits and
fees which
are the
responsibility of the Contractor
under the
Contract
Documents, the
Owner shall secure
and pay for
necessary
AIA DOCUMENT .4201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
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approvals, easements, assessments and charges required for
construction, use or occupancy of permanent structures or for
permanent changes in existing facilities.
2.2.4 Information or services under the Owner's control
shall be furnished by the Owner with reasonable promptness
to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract
Documents, the Contractor will be furnished, free of charge,
such copies of Drawings and Project Manuals as are
reasonably necessary for execution of the Work.
2.2.6 The foregoing are in addition to other duties and
responsibilities of the Owner enumerated herein and
especially those in respect to Article 6 (Construction by
Owner or by Separate Contractors). Article 9 (Payments and
Completion) and Article 11 (Insurance and Bonds).
2.3 OWNER'S RIGHT TO STOP THE WORK
2.3.1 If the Contractor fails to correct Work which is not
in accordance with the requirements of the Contract
Documents as required by Paragraph 12.2 or persistently
fails to carry out Work in accordance with the Contract
Documents, the Owner, by written order signed personally or
by an agent specifically so empowered by the Owner in
writing, may order the Contractor to stop the Work, or any
portion thereof, until the cause for such order has been
eliminated: however, the right of the Owner to stop the Work
shall not give rise to a duty on the part of the Owner to
exercise this right for the benefit of the Contractor or any
other person or entity, except to the extent required by
Subparagraph 6.1.3.
2.4 OWNER'S RIGHT TO CARRY OUT THE
WORK
2.4.1 If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract Documents and fails
within a seven-day period after receipt of written notice from
the Owner to commence and continue correction of such
default or neglect with diligence and promptness, the Owner
may after such seven-day period give the Contractor a second
written notice to correct such deficiencies within a second
seven-day period. If the Contractor within such second
seven-day period after receipt of such second notice fails to
commence and continue to correct any deficiencies, the
Owner may, without prejudice to other remedies the Owner
may have, correct such deficiencies. In such case an
appropriate Change Order shall be issued deducting from
payments then or thereafter due the Contractor the cost of
correcting such deficiencies, including compensation for the
Architect's additional services and expenses made necessary
by such default, neglect or failure. Such action by the Owner
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
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and amounts charged to the Contractor are both subject to
prior approval of the Architect. If payments then or
thereafter due the Contractor are not sufficient to cover such
amounts, the Contractor shall pay the difference to the
Owner.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as
such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The term
"Contractor" means the Contractor or the Contractor's
authorized representative.
3.2 REVIEW OF CONTRACT DOCUMENTS AND
FIELD CONDITIONS BY CONTRACTOR
3.2.1 The Contractor shall carefully study and compare
the Contract Documents with each other and with
information furnished by the Owner pursuant to
Subparagraph 2.2.2 and shall at once report to the Architect
errors, inconsistencies or omissions discovered. The
Contractor shall not be liable to the Owner or Architect for
damage resulting from errors, inconsistencies or omissions in
the Contract Documents unless the Contractor recognized
such error, inconsistency or omission and knowingly failed
to report it to the Architect. If the Contractor performs any
construction activity knowing it involves a recognized error,
inconsistency or omission in the Contract Documents
without such notice to the Architect, the Contractor shall
assume appropriate responsibility for such performance and
shall bear an appropriate amount of the attributable costs for
correction.
3.2.2 The Contractor shall take field measurements and
verify field conditions and shall carefully compare such field
measurements and conditions and other information known
to the Contractor. with the Contract Documents before
commencing activities. Errors, inconsistencies or omissions
discovered shall be reported to the Architect at once.
3.2.3 The Contractor shall perform the Work in
accordance with the Contract Documents and submittals
approved pursuant to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION
PROCEDURES
3.3.1 The Contractor shall supervise and direct the Work,
using the Contractor's best skill and attention. The
Contractor shall be solely responsible for and have control
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over construction means, methods, techniques, sequences
and procedures and for coordinating all portions of the Work
under the Contract, unless Contract Documents give other
specific instructions concerning these matters.
3.3.2 The Contractor shall be responsible to the Owner
for acts and omissions of the Contractor's employees,
Subcontractors and their agents and employees, and other
persons performing portions of the Work under a contract
with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations
to performing the Work in accordance with the Contract
Documents either by activities or duties of the Architect in
the Architect's administration of the Contract, or by tests,
inspections or approvals required or performed by persons
other than the Contractor.
3.3.4 The Contractor shall be responsible for inspection of
portions of Work already performed under this Contract to
determine that such portions are in proper condition to
receive subsequent Work. .
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract
Documents, the Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and
machinery, water, heat, utilities, transportation, and other
facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent
and whether or not incorporated or to be incorporated in the
Work.
3.4.2 The Contractor shall enforce strict discipline and
good order among the Contractor's employees and other
persons carrying out the Contract. The Contractor shall not
permit employment of unfit persons or persons not skilled in
tasks assigned to them.
3.5 WARRANTY
3.5.1 The Contractor warrants to the Owner and Architect
that materials and equipment furnished under the Contract
will be of good quality and new unless otherwise required or
permitted by the Contract Documents, that the Work will be
free from defects not inherent in the quality required or
permitted, and that the Work will conform with the
requirements of the Contract Documents. Work not
conforming to these requirements. including substitutions
not properly approved and authorized, may be considered
defective. The Contractor's warranty excludes remedy for
damage or defect caused by abuse, modifications not
executed by the Contractor, improper or insufficient
maintenance, improper operation, or normal wear and tear
under normal usage. If required by the Architect, the
Contractor shall furnish satisfactory evidence as to the kind
and quality of materials and equipment.
3.6 TAXES
3.6.1 The Contractor shall pay sales, consumer, use and
similar taxes for the Work or portions thereof provided by
the Contractor which are legally enacted when bids are
received or negotiations concluded, whether or not yet
effective or merely scheduled to go into effect.
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract
Documents, the Contractor shall secure and pay for the
building permit and other permits and governmental fees,
licenses .and inspections necessary for proper execution and
completion of the Work which are customarily secured after
execution of the Contract and which are legally required
when bids are received or negotiations concluded.
3.7.2 The Contractor shall comply with and give notices
required by laws, ordinances, rules, regulations and lawful
orders of public authorities bearing on performance of the
Work.
3.7.3 It is not the Contractor's responsibility to ascertain
that the Contract Documents are in accordance with
applicable laws, statutes, ordinances, building codes, and
rules and regulations. However, if the Contractor observes
that portions of the Contract Documents are at variance
therewith, the Contractor shall promptly notify the Architect
and Owner in writing, and necessary changes shall be
accomplished by appropriate Modification.
3.7.4 If the Contractor performs Work knowing it to be
contrary to laws, statutes, ordinances, building codes, and
roles and regulations without such notice to the Architect
and Owner, the Contractor shall assume full responsibility
for such Work and shall bear the attributable costs.
3.8 . ALLOWANCES
3.8.1 The Contractor shall include in the Contract Sum
all allowances stated in the Contract Documents. Items
covered by allowances shall be supplied for such amounts
and by such persons or entities as the Owner may direct, but
the Contractor shall not be required to employ persons or
entities against which the Contractor makes reasonable
objection.
3.8.2 Unless otherwise provided in the Contract
Documents:
.1 materials and equipment under an allowance shall
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA. COPYRIGHT 1987 - THE
AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without
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be selected promptly by the Owner to avoid delay in
the Work;
2 allowances shall cover the cost to the Contractor of
4:-'
materials and equipment delivered at the site and all
required taxes, less applicable trade discounts;
.3 Contractor's costs for unloading and handling at the
site, labor, installation costs, overhead, profit and
other expenses contemplated for stated allowance
amounts shall be included in the Contract Sum and
not in the allowances;
.4 whenever costs are more than or less than
allowances, the Contract Sum shall be adjusted
accordingly by Change Order. The amount of the
Change Order shall reflect (1) the difference
between actual costs and the allowances under
Clause 3.8.2.2 and (2) changes in Contractor's costs
under Clause 3.8.2.3.
3.9 SUPERINTENDENT
3.9.1 The Contractor shall employ a competent
superintendent and necessary assistants who shall be in
attendance at the Project site during performance of the
Work. The superintendent shall represent the Contractor,
and communications given to the superintendent shall be as
binding as if given to the Contractor. Important
communications shall be confirmed in writing. Other
communications shall be similarly confirmed on written
request in each case.
3.10 CONTRACTOR'S CONSTRUCTION
SCHEDULES
3.10.1 The Contractor, promptly after being awarded the
Contract, shall prepare and submit for the Owner's and
Architect's information a Contractor's construction schedule
for the Work. The schedule shall not exceed time limits
current under the Contract Documents, shall be revised at
appropriate intervals as required by the conditions of the
Work and Project, shall be related to the entire Project to the
extent required by the Contract Documents, and shall
provide for expeditious and practicable execution of the
Work.
3.10.2 The Contractor shall prepare and keep current, for
the Architect's approval, a schedule of submittals which is
coordinated with the Contractor's construction schedule and
allows the Architect reasonable time to review submittals.
3.10.3 The Contractor shall conform to the most recent
schedules.
3.11 DOCUMENTS AND SAMPLES AT THE SITE
3.11.1 The Contractor shall maintain at the site for the
Owner onerecord copy of the Drawings, Specifications.
addenda, Change Orders and other Modifications, in good
order and marked currently to record changes and selections
made during construction, and in addition approved Shop
Drawings, Product Data, Samples and similar required
submittals. These shall be available to the Architect and
shall be delivered to the Architect for submittal to the Owner
upon completion of the Work.
3.12 SHOP DRAWINGS, PRODUCT DATA AND
SAMPLES
3.12.1 Shop Drawings are drawings, diagrams. schedules
and other data specially prepared for the Work by the
Contractor or a Subcontractor. Sub -subcontractor.
manufacturer, supplier or distributor to illustrate some
portion of the Work.
3.12.2 Product Data are illustrations, standard schedules,
performance charts, instructions, brochures, diagrams and
other information furnished by the Contractor to illustrate
materials or equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate
materials, equipment or workmanship and establish
standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar
submittals are not Contract Documents. The purpose of their
submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor
proposes to conform to the information given and the design
concept expressed in the Contract Documents. Review by
the Architect is subject to the limitations of Subparagraph
4.2.7.
3.12.5 The Contractor shall review, approve and submit to
the Architect Shop Drawings, Product Data, Samples and
similar submittals required by the Contract Documents with
reasonable promptness and in such sequence as to cause no
delay in the Work or in the activities of the Owner or of
separate contractors. Submittals made by the Contractor
which are not required by the Contract Documents may be
returned without action.
3.12.6 The Contractor shall perform no portion of the
Work requiring submittal and review of Shop Drawings,
Product Data, Samples or similar submittals until the
respective submittal has been approved by the Architect.
Such Work shall be in accordance with approved submittals.
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.. WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without
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3.12.7 By approving and submitting Shop Drawings,
Product Data, Samples and similar submittals, the Contractor
represents that the Contractor has determined and verified
materials, field measurements and field construction criteria
related thereto, or will do so, and has checked and
coordinated the information contained within such
submittals with the requirements of the Work and of the
Contract Documents.
3.12.8 The Contractor shall not be relieved of
responsibility for deviations from requirements of the
Contract Documents by the Architect's approval of Shop
Drawings, Product Data, Samples or similar submittals
unless die Contractor has specifically informed the Architect
in writing of such deviation at the time of submittal and the
Architect has. given written approval to the specific
deviation. The Contractor shall not be relieved of
responsibility for errors or omissions in Shop._ Drawings,
Product Data, Samples or similar submittals by the
Architect's approval thereof.
3.12.9 The Contractor shall direct specific attention, in
writing or on resubmitted Shop Drawings, Product Data,
Samples or similar submittals, to revisions other than those
requested by the Architect on previous submittals.
3.12.10 Informational submittals upon which the Architect
is not expected to take responsive action may be so identified
in the Contract Documents.
3.12.11 When professional certification of performance
criteria of materials, systems or equipment is required by the
Contract Documents, the Architect shall be entitled to rely
upon the accuracy and completeness of such calculations and
certifications.
3.13 USE OF SITE
3.13.1 The Contractor shall confine operations at the site
to areas permitted by law, ordinances, permits and the
Contract Documents and shall not unreasonably encumber
the site with materials or equipment.
except with written consent of the Owner and of such
separate contractor; such consent shall not be unreasonably
withheld. The Contractor shall not unreasonably withhold,
from the Owner or a separate contractor the Contractor's
consent to cutting or otherwise altering the Work.
3.15 CLEANING UP
3.15.1 The Contractor shall keep the premises and
surrounding area free from accumulation of waste materials'
or rubbish caused by operations under the Contract. At
completion of the Work the Contractor shall remove from
and about the Project waste materials, rubbish, the
Contractor's tools, construction equipment, machinery and
surplus materials.
3.15.2 If the Contractor fails to clean up as provided in the
Contract Documents, the Owner may do so and the cost
thereof shall be charged to the Contractor.
3.16 ACCESS TO WORK
3.16.1 The Contractor shall provide the Owner and
Architect access to the Work in preparation and progress
wherever located.
3.17 ROYALTIES AND PATENTS
3.17.1 The Contractor shall pay all royalties and license
fees. The Contractor shall defend suits or claims for
infringement of patent rights and shall hold the Owner and
Architect harmless from loss on account thereof, but shall
not be responsible for such defense or loss when a particular
design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents.
However, if the Contractor has reason to believe that the
required design, process or product is an infringement of a
patent, the Contractor shall be responsible for such loss
unless such information is promptly furnished to the
Architect.
3.18 INDEMNIFICATION
3.18.1 To the fullest extent permitted by law, the
3.14 CUTTING AND PATCHING Contractor shall indemnify and hold harmless the Owner,
Architect, Architect's consultants, and agents and employees
3.14.1 The Contractor shall be responsible for cutting, of any of them from and against claims, damages, losses and
fitting or patching required to complete the Work or to make expenses, including but not limited to attorneysfees, arising
its parts fit together properly, out of or resulting fromperformance of the Work, provided
that such claim, damage, loss or expense is attributable to
3.14.2 The Contractor shall not damage or endanger a bodily
portion of the Work or fully or partially completed injury, tsangibleckness,
diseaseproperty (otheror death, or to injury Work
to s or
destruction of tangible than the Work itself)
construction of the Owner or separate contractors by cutting, including loss of use resulting therefrom, but only to the
patching or otherwise altering such construction, or by extent caused in whole or in part by negligent acts or
excavation. The Contractor shall not cut or otherwise alter omissions of the Contractor, a Subcontractor, anyone directly
such construction by the Owner or a separate contractor or indirectly employed by them, or anyone for whose acts
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with percussion of the AIA and can be reproduced without
violation until the date of expiration as noted below.
Electronic Format A201-1987
User Document: WALK201.DOC -- 5/4/1998. AIA License Number 131378, which expires on 6/30/1998 --Page #12
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they may be liable, regardless of whether or not such claim,
damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be
construed to negate, abridge, or reduce other rights or
obligations of indemnity which would otherwise exist as to a
part), or person described in this Paragraph 3.18.
3.18.2 In claims against any person or entity indemnified
under this Paragraph 3.18 by an employee of the Contractor,
a Subcontractor, anyone directly or indirectly employed by
them or anyone for whose acts they may be liable, the
indemnification obligation under this Paragraph 3.18 shall
not be limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the Contractor or
a Subcontractor under workers' or workmen's compensation
acts. disability benefit acts or other employee benefit acts.
3.18.3 The obligations of the Contractor under this
Paragraph 3.18 shall not extend to the liability of the
Architect. the Architect's consultants, and agents and
employees of any of them arising out of (1) the preparation
or approval of maps, drawings, opinions, reports, surveys,
Change Orders, designs or specifications, or (2) the giving of
or the failure to give directions or instructions by the
Architect, the Architect's consultants, and agents and
employees of any of them provided such giving or failure to
give is the primary cause of the injury or damage.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 ARCHITECT
4.1.1 The Architect is the person lawfully licensed to
practice architecture or an entity lawfully practicing
architecture identified as such in the Agreement and is
referred to throughout the Contract Documents as if singular
in number. The term "Architect" means the Architect or the
Architect's authorized representative.
4.1.2 Duties, responsibilities and limitations of authority
of the Architect as set forth in the Contract Documents shall
not be restricted, modified or extended without written
consent of the Owner, Contractor and Architect. Consent
shall not be unreasonably withheld.
4.1.3 In case of termination of employment of the
Architect, the Owner shall appoint an architect against
whom the Contractor makes no reasonable objection and
whose status under the Contract Documents shall be that of
the former architect.
4.1.4 Disputes arising under Subparagraphs 4.1.2 and
4.1.3 shall be subject to arbitration.
4.2 ARCHITECT'S ADMINISTRATION OF THE
CONTRACT
4.2.1 The Architect will provide administration of the
Contract as described in the Contract Documents, and will be
the Owner's representative (1) during construction, (2) until
final payment is due and (3) with the Owner's concurrence,
from time to time during the correction period described in
Paragraph 12.2. The Architect will advise and consult with
the Owner. The Architect will have authority to act on
behalf of the Owner only to the extent provided in the
Contract Documents, unless otherwise modified by written
instrument in accordance with other provisions of the
Contract.
4.2.2 The Architect will visit the site at intervals
appropriate to the stage of construction to become generally
familiar with the progress and quality of the completed Work
and to determine in general if the Work is being performed
in a manner indicating that the Work, when completed, will
be in accordance with the Contract Documents. However,
the Architect will not be required to make exhaustive or
continuous on -site inspections to check quality or quantity of
the Work. On the basis of on -site observations as an
architect, the Architect will keep the Owner informed of
progress of the Work, and will endeavor to guard the Owner
against defects and deficiencies in the Work.
4.2.3 The Architect will not have control over or charge
of and will not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work,
since these are solely the Contractor's responsibility as
provided in Paragraph 3.3. The Architect will not be
responsible for the Contractor's failure to carry out the Work
in accordance with the Contract Documents. The Architect
will not have control over or charge of and will not be
responsible for acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or of any other
persons performing portions of the Work.
4.2.4 Communications Facilitating Contract
Administration. Except as otherwise provided in the
Contract Documents or when direct communications have
been specially authorized, the Owner and Contractor shall
endeavor to communicate through the Architect.
Communications by and with the Architect's consultants
shall be through the Architect. Communications by and with
Subcontractors and material suppliers shall be through the
Contractor. Communications by and with separate
contractors shall be through the Owner.
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without
violation until the date of expiration as noted below.
Electronic Format A201-1987
User Document: WALK201.DOC -- 5/4/1998. AIA License Number 131378, which expires on 6/30/1998 --Page #13
4.2.5 Based on the Architect's observations and
evaluations of the Contractor's Applications for Payment, the
Architect will review and certify the amounts due the
Contractor and will issue Certificates for Payment in such
amounts.
4.2.6 The Architect will have authority to reject Work
which does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable
for implementation of the intent of the Contract Documents,
the Architect will have authority to require additional
inspection or testing of the Work in accordance with
Subparagraphs 13.5.2 and 13.5.3, whether or not such Work
is fabricated, installed or completed. However, neither this
authority of the Architect nor a decision made in good faith
either to exercise or not to exercise such authority shall give
rise to a duty or responsibility of the Architect to the
Contractor. Subcontractors, material and equipment
suppliers, their agents or employees, or other persons
performing portions of the Work.
4.2.7 The Architect will review and approve or take other
appropriate action upon the Contractor's submittals such as
Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with
information given and the design concept expressed in the
Contract Documents. The Architect's action will be taken
with such reasonable promptness as to cause no delay in the
Work or in the activities of the Owner. Contractor or
separate contractors, while allowing sufficient time in the
Architect's professional judgment to permit adequate review.
Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details
such as dimensions and quantities, or for substantiating
instructions for installation or. performance of equipment or
systems, all of which remain the responsibility of the
Contractor as required by the Contract Documents. The
Architect's review of the Contractor's submittals shall not
relieve the Contractor of the obligations under Paragraphs
3.3. 3.5 and 3.12. The Architect's review shall not constitute
approval of safety precautions or, unless otherwise
specifically stated by the Architect, of any construction
means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate
approval of an assembly of which the item is a component -
4.2.8 The Architect will prepare Change Orders and
Construction Change Directives, and may authorize minor
changes in the Work as provided in Paragraph 7.4.
4.2.9 The Architect will conduct inspections to determine
the date or dates of Substantial Completion and the date of
final completion, will receive and forward to the Owner for
the Owner's review and records written warranties and
related documents required by the Contract and assembled by
the Contractor, and will issue a final Certificate for Payment
upon compliance with the requirements of the Contract
Documents.
4.2.10 if the Owner and Architect agree, the Architect will
provide one or more project representatives to assist in
carrying out the Architect's responsibilities at the site. The
duties, responsibilities and limitations of authority of such
project representatives shall be as set forth in an exhibit to be
incorporated in the Contract Documents. .
4.2.11 The Architect will interpret and decide matters ,
concerning performance under and requirements of the
Contract Documents on written request of either the Owner
or Contractor. The Architect's response to such requests will
be made with reasonable promptness and within any time
limits agreed upon. If no agreement is made concerning the
time within which interpretations required of the Architect
shall be furnished in compliance with this Paragraph 4.2,
then delay shall not be recognized on account of failure by
the Architect to furnish such interpretations until 15 days
after written request is made for them.
4.2.12 Interpretations and decisions of the Architect will be
consistent with the intent of and reasonably inferable from
the Contract Documents and will be in writing or in the form
of drawings. When making such interpretations and
decisions, the Architect will endeavor to secure faithful
performance by both Owner and Contractor, will not 'show
partiality to either and will not be liable for results of
interpretations or decisions so rendered in good faith.
4.2.13 The Architect's decisions on matters relating to
aesthetic effect will be final if consistent with the intent
expressed in the Contract Documents.
4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A Claim is a demand or assertion
by one of the parties seeking, as a matter of right, adjustment
or interpretation of Contract terms, payment of money,
extension of time or other relief with respect to the terms of
the Contract. The term "Claim" also includes other disputes
and matters in question between the Owner and Contractor
arising out of or relating to the Contract. Claims must be
made by written notice. The responsibility to substantiate
Claims shall rest with the party making the Claim.
4.3.2 Decision of Architect. Claims, including those
alleging an error or omission by the Architect, shall be
referred initially to the Architect for action as provided in
Paragraph 4.4. A decision by the Architect, as provided in
Subparagraph 4.4.4, shall be required as a condition
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without
violation until the date of expiration as noted below.
Electronic Format A201-1987
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4.3.4 Continuing Contract Performance. Pending
' final resolution of a Claim including arbitration, unless
otherwise agreed in writing the Contractor shall proceed
diligently with performance of the Contract and the Owner
' shall continue to make payments in accordance with the
Contract Documents.
4.3.5 Waiver of Claims: Final Payment. The making
' of final payment shall constitute a waiver of Claims by the
Owner except those arising from:
precedent to arbitration or litigation of a Claim between the
Contractor and Owner as to all such matters arising prior to
the date final payment is due, regardless of (1) whether such
matters relate to execution and progress of the Work or (2)
the extent to which the Work has been completed. The
decision by the Architect in response to a Claim shall not be
a condition precedent to arbitration or litigation in the event
(1) the position of Architect is vacant, (2) the Architect has
not received evidence or has failed to render a decision
within agreed time limits, (3) the Architect has failed to take
action required under Subparagraph 4.4.4 within 30 days
after the Claim is made, (4) 45 days have passed after the
Claim has been referred to the Architect or (5) the Claim
relates to a mechanic's lien.
4.3.3 Time Limits on Claims. Claims by either party
must be made within 21 days after occurrence of the event
giving rise to such Claim or within 21 days after the
claimant first recognizes the condition giving rise to the
Claim, whichever is later. Claims must be made by written
notice. An additional Claim made after the initial Claim has
been implemented by Change Order will not be considered
unless submitted in a timely manner.
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.1 liens, Claims, security interests or encumbrances
arising out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements
of the Contract Documents; or
.3 terms of special warranties required by the Contract
Documents.
4.3.6 Claims for Concealed or Unknown
Conditions. If conditions are encountered at the site which
are (1) subsurface or otherwise concealed physical conditions
which differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily
found to exist and generally recognized as inherent in
construction activities of the character provided for in the
Contract Documents, then notice by the observing party shall
be given to the other party promptly before conditions are
disturbed and in no event later than 21 days after first
observance of the conditions. The Architect will promptly
investigate such conditions and, if they differ materially and
cause an increase or decrease in the Contractor's cost of, or
time required for, performance of any part of the Work, Will
recommend an equitable adjustment in the Contract Sum or
Contract Time, or both. lithe Architect determines that the
conditions at the site are not materially different from those
indicated in the Contract Documents and that no change in
the terms of the Contract is justified, the Architect shall so
notify the Owner and Contractor in writing, stating the
reasons. Claims by either party in opposition to such
determination must be made within 21 days after the
Architect has given notice of the decision. If the Owner and
Contractor cannot agree on an adjustment in the Contract
Sum or Contract Time, the adjustment shall be referred to
the Architect for initial determination, subject to further
proceedings pursuant to Paragraph 4.4.
4.3.7 Claims for Additional Cost. If the Contractor
wishes to make Claim for an increase in the Contract Sum,
written notice as provided herein shall be given before
proceeding to execute the Work. Prior notice is not required
for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3. If the Contractor
believes additional cost is involved for reasons including but
not limited to (1) a written interpretation from the Architect,
(2) an order by the Owner to stop the Work where the
Contractor was not at fault, (3) a written order for a minor
change in the Work issued by the Architect, (4) failure of
payment by the Owner, (5) termination of the Contract by the
Owner, (6) Owner's suspension or (7) other reasonable
grounds, Claim shall be filed in accordance with the
procedure established herein.
4.3.8 Claims for Additional Time
4.3.8.1 If the Contractor wishes to make Claim for all
increase in the Contract Time, written notice as provided
herein shall be given. The Contractor's Claim shall include
an estimate of cost and of probable effect of delay on
progress of the Work. In the case of a continuing delay only
one Claim is necessary.
4.3.8.2 If adverse weather conditions are the basis for a
Claim for additional time, such Claim shall be documented
by data substantiating that weather conditions were abnormal
for the period of time and could not have been reasonably
anticipated, and that weather conditions had an adverse
effect on the scheduled construction.
4.3.9
Injury or
Damage
to Person or Property. If
either
party to the
Contract
suffers injury or damage to
person
or property because of an act or omission of the other
ALA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987- THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without
violation until the date of expiration as noted below.
Electronic Format A201-1987
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party, of any of the other party's employees or agents, or of
others for whose acts such party is legally liable, written
notice of such injury or damage, whether or not insured,
shall be given to the other party within a reasonable time not
exceeding 21 days after first observance. The notice shall
provide sufficient detail to enable the other party to
investigate the matter. If a Claim for additional cost or time
related to this Claim is to be asserted, it shall be filed as
provided in Subparagraphs 4.3.7 or 4.3.8.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The Architect will review Claims and take one or
more of the following preliminary actions within ten days of
receipt of a Claim: (1) request additional supporting data
from the claimant, (2) submit a schedule to the parties
indicating when the Architect expects to take action, (3)
reject the Claim in whole or in part, stating reasons for
rejection, (4) recommend approval of the Claim by the other
pam or (5) suggest a compromise. The Architect may also,
but is not obligated to, notify the surety, if any, of the nature
and amount of the Claim.
arbitrators may be entered in any court having jurisdiction
thereof, except controversies or Claims relating to aesthetic
effect and except those waived as provided for in
Subparagraph 4.3.5. Such controversies or Claims upon
which the Architect has given notice and rendered a decision
as provided in Subparagraph 4.4.4 shall be subject to
arbitration upon written demand of either party. Arbitration
may be commenced when 45 days have passed after a Claim
has been referred to the Architect as provided in Paragraph
4.3 and no decision has been rendered.
4.5.2 Rules and Notices for Arbitration. Claims
between the Owner and Contractor not resolved under
Paragraph 4.4 shall, if subject to arbitration under
Subparagraph 4.5.1. be decided by arbitration in accordance
with the Construction Industry Arbitration Rules of the
American Arbitration Association currently in effect, unless
the parties mutually agree otherwise. Notice of demand for
arbitration shall be filed in writing with the other party to the
Agreement between the Owner and Contractor and with the
American Arbitration Association, and a copy shall be filed
with the Architect.
4.4.2 If a Claim has been resolved, the Architect wi11 4.5.3 Contact Performance During Arbitration.'
prepare or obtain appropriate documentation. During arbitration proceedings, the Owner and Contractor ,
If 4.4.3 a Claim has not been resolved, the party making shall comply with Subparagraph 4.3.4.
the Claim shall, within ten days after the Architect's 4.5.4 When Arbitration May Be Demanded.
preliminary response, take one or more of the following Demand for arbitration of any Claim may not be made until
actions: (1) submit additional supporting data requested by the earlier of (1) the date on which the Architect has
the Architect, (2) modify the initial Claim or (3) notify the rendered a final written decision on the Claim, (2) the tenth
Architect that the initial Claim standsday after the parties have presented evidence to the Architect
or have been given reasonable opportunity to do so, if the
4.4.4 if a Claim has not been resolved after consideration Architect has not rendered a final written decision by that
of the foregoing and of further evidence presented by the date, or (3) any of the five events described in Subparagraph
parties or requested by the Architect, the Architect will notify 4 '
the parties in writing that the Architect's decision will be .3.2.
made within seven days, which decision shall be final and 4.5.4.1 When a written decision of the Architect states that
binding on the parties but subject to arbitration. Upon (1) the decision is final but subject to arbitration and (2) a
expiration of such time period, the Architect will render to demand for arbitration of a Claim covered by such decision
the. parties the Architect's written decision relative to the, must be made within 30 days after the date on which the
Claim, including any change in the Contract Sum or party making the demand receives the final written decision,
Contract Time or both. If there is a surety and there appears then failure to demand arbitration within said 30 days' period
to be a possibility of a Contractor's default, the Architect shall result in the Architect's decision becoming final and
may, but is not obligated to, notify the surety and request the binding upon the Owner and Contractor. If the Architect
surety's assistance in resolving the controversy, renders a decision after arbitration proceedings have been
initiated, such decision may be entered as evidence, but shall
4.5 ARBITRATION not supersede arbitration proceedings unless the decision is
4.5.1 Controversies and Claims Subject to acceptable to all parties concerned.
Arbitration. Any controversy or Claim arising out of or
related to the Contract, or the breach thereof, shall be settled 4.5.4.2 A demand for arbitration shall be made within the
by arbitration in accordance with the Construction Industry time limits specified in Subparagraphs 4.5.1 and 4.5.4 and
Arbitration Rules of the American Arbitration Association, Clause 4.5.4.1 as applicable, and in other cases within a
and judgment upon the award rendered by the arbitrator or reasonable time after the Claim has arisen, and in no event
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1997 - THE
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shall it be made after the date when institution of legal or
equitable proceedings based on such Claim would be barred
by the applicable statute of limitations as determined
pursuant to Paragraph 13.7.
4.5.5 Limitation on Consolidation or Joinder. No
arbitration arising out of or relating to the Contract
Documents shall include, by consolidation or joinder or in
any other manner, the Architect, the Architect's employees or
consultants, except by written consent containing specific
reference to the Agreement and signed by the Architect,
Owner, Contractor and any other person or entity sought to
be joined. No arbitration shall include, by consolidation or
joinder or in any other manner, parties other than the Owner.
Contractor, a separate contractor as described in Article 6
and other persons substantially involved in a common
question of fact or law whose presence is required if
complete relief is to be accorded in arbitration. No person or
entity other than the Owner, Contractor or a separate
contractor as described in Article 6 shall be included as an
original third party or additional third party to an arbitration
whose interest or responsibility is insubstantial. Consent to
arbitration involving an additional person or entity shall not
constitute consent to arbitration of a dispute not described
therein or with a person or entity not named or described
therein. The foregoing agreement to arbitrate and other
agreements to arbitrate with an additional person or entity
duly consented to by parties to the Agreement shall be
specifically enforceable under applicable law in any court
having jurisdiction thereof.
4.5.6 Claims and Timely Assertion of claims. A
party who files a notice of demand for arbitration must assert
in the demand all Claims then known to that party on which
arbitration is permitted to be demanded. When a party fails
to include a Claim through oversight, inadvertence or
excusable neglect, or when a Claim has matured or been
acquired subsequently, the arbitrator or arbitrators may
permit amendment.
4.5.7 Judgment on Final Award. The award rendered
by the arbitrator or arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in
any court having jurisdiction thereof.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a
direct contract with the Contractor to perform a portion of
the Work at the site. The term "Subcontractor" is referred to
throughout the Contract Documents as if singular in number
and means a Subcontractor or an authorized representative of
the Subcontractor. The term "Subcontractor" does not
include a separate contractor or subcontractors of a separate
contractor.
5.1.2 A Sub -subcontractor is a person or entity who has a
direct or indirect contract with a Subcontractor to perform a
portion of the Work at the site. The term
"Sub -subcontractor" is referred to throughout the Contract
Documents as if singular in number and means a
Sub -subcontractor or an authorized representative of the
Sub -subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER
CONTRACTS FOR PORTIONS OF THE
WORK
5.2.1 Unless otherwise stated in the Contract Documents
or the bidding requirements, the Contractor, as soon as
practicable after award of the Contract, shall furnish in
writing to the Owner through the Architect the names of
persons or entities (including those who are to furnish
materials or equipment fabricated to a special design)
proposed for each principal portion of the Work. The
Architect will promptly reply to the Contractor in writing
stating whether or not the Owner or the Architect, after due
investigation, has reasonable objection to any such proposed
person or entity. Failure of the Owner or Architect to reply
promptly shall constitute notice of no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed
person or entity to whom the Owner or Architect has made
reasonable and timely objection. The Contractor shall not be
required to contract with anyone to whom the Contractor has
made reasonable objection.
5.2.3 if the Owner or Architect has reasonable objection
to a person or entity proposed by the Contractor, the
Contractor shall propose another to whom the Owner or
Architect has no reasonable objection. The Contract Sum
shall be increased or decreased by the difference in cost
occasioned by such change and an appropriate Change Order
shall be issued. However, no increase in the Contract Sum
shall be allowed for such change unless the Contractor has
acted promptly and responsively in submitting names as
required.
5.2.4 The Contractor shall not change a Subcontractor,
person or entity previously selected if the Owner or Architect
makes reasonable objection to such change.
5.3 SUBCONTRACTUAL RELATIONS
5.3.1 By appropriate agreement, written where legally
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
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required for validity, the Contractor shall require each
.Subcontractor, to the extent of the Work to be performed by
the Subcontractor, to be bound to the Contractor by terms of
the Contract Documents, and to assume toward the
Contractor all the obligations and responsibilities which the
Contractor, by these Documents, assumes toward the Owner
and Architect. Each subcontract agreement shall preserve
and protect the rights of the Owner and Architect under the
Contract Documents with respect to the Work to be
performed by the Subcontractor so that subcontracting
thereof will not prejudice such rights, and shall allow to the
Subcontractor, unless specifically provided otherwise in the
subcontract agreement, the benefit of all rights. remedies and
redress against the Contractor that the Contractor, by the
Contract Documents, has against the Owner. Where
appropriate, the Contractor shall require each Subcontractor
to enter into similar agreements with Sub -subcontractors.
The Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract
agreement- copies of the Contract Documents to which the
Subcontractor will be bound, and, upon written request of the
Subcontractor, identify to the Subcontractor terms and
conditions of the proposed subcontract agreement which may
be at variance with the Contract Documents. Subcontractors
shall similarly make copies of applicable portions of such
documents available to their respective proposed
Sub -subcontractors.
5.4 CONTINGENT ASSIGNMENT OF
SUBCONTRACTS
5.4.1 Each subcontract agreement for a portion of the
Work is assigned by the Contractor to the Owner provided
that:
1 assignment is effective only after termination of the
Contract by the Owner for cause pursuant to
Paragraph 14.2 and - only. for those subcontract
agreements which the Owner accepts by notifying
the Subcontractor in writing; and
.2 assignment is subject to the prior rights of the
surety, if any, obligated under bond relating to the
Contract.
5.4.2 If the Work has been suspended for more than 30
days, the Subcontractor's compensation shall be equitably
adjusted.
ARTICLE 6
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS,
6.1 OWNERS RIGHT TO PERFORM
CONSTRUCTION AND TO AWARD
SEPARATE CONTRACTS
6.1.1 The Owner reserves the right to perform
construction or operations related to the Project with the
Owner's own forces, and to award separate contracts in
connection with other portions of the Project or other
construction or operations on the site under Conditions of the
Contract identical or substantially similar to these including
those portions related to insurance and waiver of
subrogation. If the Contractor claims that delay or additional
cost is involved because of such action by the Owner, the
Contractor shall make such Claim as provided elsewhere in
the Contract Documents.
6.1.2 When separate contracts are awarded for different
portions of the Project or other construction or operations on
the site, the term "Contractor" in the Contract Documents in
each case shall mean the Contractor who executes each
separate Owner -Contractor Agreement.
6.1.3 The Owner shall provide for coordination of the
activities of the Owner's own forces and of each separate
contractor with the Work of the Contractor, who shall
cooperate with them. The Contractor shall participate with
other separate contractors and the Owner in reviewing their
construction schedules when directed to do so. The
Contractor shall make any revisions to the construction
schedule and Contract Sum deemed necessary after a joint
review and mutual agreement. The construction schedules
shall then constitute the schedules to be used by the
Contractor, separate contractors and the Owner until
subsequently revised. ,
6.1.4 Unless otherwise provided in the Contract
Documents, when the Owner performs construction or
operations related to the Project with the Owner's own forces,
the Owner shall be deemed to be subject to the same
obligations and to have the same rights which apply to the
Contractor under the Conditions of the Contract, including, '
without excluding others, those stated in Article 3, this
Article 6 and Articles 10, 11 and 12.
6.2 MUTUAL RESPONSIBILITY
6.2.1 The Contractor shall afford the Owner and separate
contractors reasonable opportunity for introduction and
storage of their materials and equipment and performance of
their activities and shall connect and coordinate the
Contractor's construction and operations with theirs as
required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper
execution or results upon construction or operations by the
Owner or a separate contractor, the Contractor shall, prior to
AlA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987. THE
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proceeding with that portion of the Work, promptly report to
'the Architect apparent discrepancies or defects in such other
construction that would render it unsuitable for such proper
execution and results. Failure of the Contractor so to report
'shall constitute an acknowledgment that the Owner's or
separate contractorscompleted or partially completed
construction is fit and proper to receive the Contractor's
Work, except as to defects not then reasonably discoverable.
' 6.2.3 Costs caused by delays or by improperly timed
' activities or defective construction shall be borne by the party
responsible therefor.
6.2.4 The Contractor shall promptly remedy damage
' wrongfully caused by the Contractor to completed or partially
completed construction or to property of the Owner or
separate contractors as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question
between the Contractor and a separate contractor shall be
' subject to the provisions of Paragraph 4.3 provided the
separate contractor has reciprocal obligations.
6.2.6 The Owner and each separate contractor shall have
' the same responsibilities for cutting and patching as are
described for the Contractor in Paragraph 3.14.
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6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises among the Contractor, separate
contractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and
surrounding area free from waste materials and rubbish as
described in Paragraph 3.15, the Owner may clean up and
allocate the cost among those responsible as the Architect
determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 CHANGES
7.1.1 Changes in the Work may be accomplished after
execution of the Contract, and without invalidating the
Contract, by Change Order, Construction Change Directive
or order for a minor change in the Work, subject to the
limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement
among the Owner, Contractor and Architect; a Construction
Change Directive requires agreement by the Ow',her and
Architect and may or may not be agreed to by the Contractor;
an order for a minor change in the Work may be issued by
the Architect alone.
7.1.3 Changes in the Work shall be performed under
applicable provisions of the Contract Documents, and the
Contractor shall proceed promptly, unless otherwise provided
in the Change Order. Construction Change Directive or
order for a minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents
or subsequently agreed upon, and if quantities originally
contemplated are so changed in a proposed Change Order or
Construction Change Directive that application of such unit
prices to quantities of Work proposed will cause substantial
inequity to the Owner or Contractor, the applicable unit
prices shall be equitably adjusted.
7.2 CHANGE ORDERS
7.2.1 A Change Order is a written instrument prepared by
the Architect and signed by the Owner. Contractor and
Architect, stating their agreement upon all of the following:
I a change in the Work;
.2 the amount of the adjustment in the Contract Sum,
if any; and
.3 the extent of the adjustment in the Contract Time, if
any.
7.2.2 Methods used in determining adjustments to the
Contract Sum may include those listed in Subparagraph
7.3.3.
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written order
prepared by the Architect and signed by the Owner and
Architect, directing a change in the Work and stating a
proposed basis for adjustment, if any, in the Contract Sum,
or Contract Time, or both. The Owner may by Construction
Change Directive, without invalidating the Contract, order
changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, the
Contract Sum and Contract Time being adjusted accordingly.
7.3.2 A Construction Change Directive shall be used in
the absence of total agreement on the terms of a Change
Order.
7.3.3 If the Construction Change Directive provides for
an adjustment to the Contract Sum, the adjustment shall be
based on one of the following methods:
.AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA- COPYRIGHT 1987 - THE
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1 mutual acceptance of a lump sum properly itemized
and supported by sufficient substantiating data to
permit evaluation;
.2 unit prices stated in the Contract Documents or
subsequently agreed upon;
3 cost to be determined in a manner agreed upon by
the parties and a mutually acceptable fixed or
percentage fee; or
.4 as provided in Subparagraph 7.3.6.
7.3.4 Upon receipt of a Construction Change Directive,
the Contractor shall promptly proceed with the change in the
Work involved and advise the Architect of the Contractor's
agreement or disagreement with the method. if any, provided
in the Construction Change Directive for determining the
proposed adjustment in the Contract Sum or Contract Time.
7.3.5 A Construction Change Directive signed by the
Contractor indicates the agreement of the Contractor
therewith, including adjustment in Contract Sum and
Contract Time or the method for determining them. Such
agreement shall be effective immediately and shall be
recorded as a Change Order.
7.3.6 If the Contractor does not respond promptly or
disagrees with the method for adjustment in the Contract
Sum. the method and the adjustment shall be determined by
the Architect on the basis of reasonable • expenditures and
savings of those performing the Work attributable to the
change, including, in case of an increase in the Contract
Sum, a reasonable allowance for overhead and profit. In
such case, and also under Clause 7.3.3.3, the Contractor
shall keep and present, in such form as the Architect may
prescribe, an itemized accounting together with appropriate
supporting data. Unless otherwise provided in the Contract
Documents, costs for the purposes of this Subparagraph 7.3.6
shall be limited to the following:
1 costs of labor, including social security, old age and
• unemployment insurance, fringe benefits required
by agreement or custom, and workersor workmen's
compensation insurance;
.2 costs of materials, supplies and equipment,
including cost of transportation, whether
incorporated or consumed;
.3 rental costs of machinery and equipment, exclusive
of hand tools, whether rented from the Contractor or
others;
.4 costs of premiums for all bonds and insurance,
permit fees, and sales, use or similar taxes related to
the Work; and
.5 additional costs of supervision and field office
personnel directly attributable to the change. '
7.3.7 Pending final determination of cost to the Owner,
amounts not in dispute may be included in Applications for
Payment. The amount of credit to be allowed by the
Contractor to the Owner for a deletion or change which
results in a net decrease in the Contract Sum shall be actual
net cost as confirmed b' the Architect. When both additions
and credits covering related Work or substitutions are
involved in a change, the allowance for overhead and profit
shall be figured on the basis of net increase. 'if any, with.
respect to that change.
7.3.8 If the Owner and Contractor do not agree with the
adjustment in Contract Time or the method for determining
it. the adjustment or the method shall be referred. to the
Architect for determination.
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7.3.9 When the Owner and Contractor agree with the
determination made by the Architect concerning the
adjustments in' the Contract Sum and Contract Time, or
otherwise reach agreement upon the adjustments. such
agreement shall be effective immediately and shall be
recorded by preparation and execution of an appropriate
Change Order.
7.4 MINOR CHANGES IN THE WORK'
7.4.1 The Architect will have authority to order minor
changes in the Work not involving adjustment in the
Contract Sum or extension of the Contract Time and not
inconsistent with the intent of the Contract Documents.
Such changes shall be effected by written order and shall be
binding on the Owner and Contractor. The Contractor shall
carry out such written orders promptly.
ARTICLE 8
TIME
8.1 DEFINITIONS
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8.1.1 Unless otherwise provided, Contract Time is the
period of time, including authorized adjustments, allotted in
the Contract Documents for Substantial Completion of the
Work. p I.
8.1.2 The date of commencement of the Work is the date
established in the Agreement. The date shall not be
postponed by the failure to act of the Contractor or of persons
AlA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
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or entities for whom the Contractor is responsible.
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8.1.3 The date of Substantial Completion is the date
certified by the Architect in accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents
shall mean calendar day unless otherwise specifically
defined.
8.2 PROGRESS AND COMPLETION
8.2.1 Time limits stated in the Contract Documents are of
the essence of the Contract. By executing the Agreement the
Contractor confirms that the Contract Time is a reasonable
period for performing the Work.
8.2.2 The Contractor shall not knowingly. except by
agreement or instruction of the Owner in writing.
prematurely commence operations on the site or elsewhere
prior to the effective date of insurance required by Article 11
to be furnished by the Contractor. The date of
commencement of the Work shall not be changed by the
effective date of such insurance. Unless the date of
commencement is established by a notice to proceed given by
the Owner, the Contractor shall notify the Owner in writing
not less than five days or other agreed period before
commencing the Work to permit the timely filing of
mortgages, mechanic's liens and other security interests.
8.2.3 The Contractor shall proceed expeditiously with
adequate forces and shall achieve Substantial Completion
within the Contract Time.
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 if the Contractor is delayed at any time in progress
of the Work by an act or neglect of the Owner or Architect,
or of an employee of either, or of a separate contractor
employed by the Owner, or by changes ordered in the Work,
or by labor disputes, fire, unusual delay in deliveries,
unavoidable casualties or other causes beyond the
Contractor's control, or by delay authorized by the Owner
pending arbitration, or by other causes which the Architect
determines may justify delay, then the Contract Time shall
be extended by Change Order for such reasonable time as the
Architect may determine.
8.3.2 Claims relating to time shall be made in accordance
with applicable provisions of Paragraph 4.3.
8.3.3 This Paragraph 8.3 does not preclude recovery of
damages for delay by either party under other provisions of
the Contract Documents.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is stated in the Agreement and,
including authorized adjustments, is the total amount
payable by the Owner to the Contractor for performance of
the Work under the Contract Documents.
9.2 SCHEDULE OF VALUES
9.2.1 Before the first Application for Payment. the
Contractor shall submit to the Architect a schedule of values
allocated to various portions of the Work, prepared in such
form and supported by such data to substantiate its accuracy
as the Architect may require. This schedule, unless objected
to by the Architect, shall be used as a basis for reviewing the
Contractor's Applications for Payment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At least ten days before the date established for each
progress payment, the Contractor shall submit to the
Architect an itemized Application for Payment for operations
completed in accordance with the schedule of values. Such
application shall be notarized, if required, and supported by
such data substantiating the Contractor's right to payment as
the Owner or Architect may require, such as copies of
requisitions from Subcontractors and material suppliers, and
reflecting retainage if provided for elsewhere in the Contract
Documents.
9.3.1.1 Such applications may include requests for payment
on account of changes in the Work which have been properly
authorized by Construction Change Directives but not yet
included in Change Orders.
9.3.1.2 Such applications may not include requests for
payment of amounts the Contractor does not intend to pay to
a Subcontractor or material supplier because of a dispute or
other reason.
9.3.2 Unless otherwise provided in the Contract
Documents, payments shall be made on account of materials
and equipment delivered and suitably stored at the site for
subsequent incorporation in the Work. If approved in
advance by the Owner, payment may similarly be made for
materials and equipment suitably stored off the site at a
location agreed upon in writing. Payment for materials and
equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to
the Owner to establish the Owner's title to such materials and
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equipment or otherwise protect the Owner's interest, and
shall include applicable insurance, storage, and
transportation to the site for such materials and equipment
stored off the site.
9.3.3 The Contractor warrants that title to all Work
covered by an Application for Payment will pass to the
Owner no later than the time of payment. The Contractor
further warrants that upon submittal of an Application for
Payment all Work for which Certificates for Payment have
been previously issued and payments received from the
Owner shall, to the best of the Contractor's knowledge,
information and belief, be free and clear of liens, claims,
securityinterests or encumbrances favor of the Contractor,
Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor,
materials and equipment relating to the Work.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect Will, within seven days after receipt
of the Contractor's Application for Payment, either issue to
the Owner a Certificate for Payment, with a copy to the
Contractor, for such amount as the Architect determines is
properly due, or notify the Contractor and Owner in writing
of the Architect's reasons for withholding certification in
whole or in part as provided in Subparagraph 9.5.1.
9.4.2 The issuance of a Certificate for Payment will
constitute a representation by the Architect to the Owner,
based on the Architect's observations at the site and the data
comprising the Application for Payment, that the Work has
progressed to the point indicated and that, to the best of the
Architect's knowledge, information and belief, quality of the
Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the
Work for conformance with the Contract Documents upon
Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract
Documents correctable prior to completion and to specific
qualifications expressed by the Architect. The issuance of a
Certificate for Payment will further constitute a
representation that the Contractor is entitled to payment in
the amount certified. However, the issuance of a Certificate
for Payment will not be a representation that the Architect
has (1) made exhaustive or continuous on -site inspections to
check the quality or quantity of the Work, (2) reviewed
construction means, methods, techniques, sequences or
procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data
requested by the Owner to substantiate the Contractor's right
to payment or (4) made examination to ascertain how or for
what purpose the Contractor has used money previously paid
on account of the Contract Sum.
9.5 DECISIONS TO WITHHOLD
CERTIFICATION
9.5.1 The Architect may decide not to certify payment
and may withhold a Certificate for Payment in whole or in
part, to the extent reasonably necessary to protect the Owner.
if in the Architect's opinion the representations to the Owner
required by Subparagraph 9.4.2 cannot be made, if the
Architect is unable to certify payment in the amount of the
Application, the Architect will notify the Contractor and
Owner as provided in Subparagraph 9.4.1. If the Contractor
and Architect cannot agree on a revised amount, the
Architect will promptly issue a Certificate for Payment for
the amount for which the Architect is able to make such
representations to the Owner. The Architect may also decide
not to certify payment or, because of subsequently discovered
evidence or subsequent observations, may nullify the whole
or a part of a Certificate for Payment previously issued, to
such extent as may be necessary in the Architect's opinion to
protect the Owner from loss because of
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence
indicating probable filing of such claims;
.3 failure of the Contractor to make payments properly
to Subcontractors or for labor.. materials or
equipment; 1
.4 reasonable evidence that the Work cannot be
completed for the unpaid balance of the Contract
Sum;
.5 damage to the Owner or another contractor;
.6 reasonable evidence that the Work will not be
completed within the Contract Time, and that the
unpaid balance would not be adequate to cover
actual or liquidated damages for the anticipated
delay; or
.7 persistent failure to carry out the Work in
accordance with the Contract Documents.
9.5.2 When the above reasons for withholding'
certification are removed, certification will be made for
amounts previously withheld.
9.6 PROGRESS PAYMENTS
9.6.1 After the Architect has issued a Certificate for
Payment, the Owner shall make payment in the manner and
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
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' within the time provided in the Contract Documents, and
shall so notify the Architect.
9.6.2 The Contractor shall promptly pay each
Subcontractor, upon receipt of payment from the Owner, out
'of the amount paid to the Contractor on account of such
Subcontractor's portion of the Work, the amount to which
said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such
Subcontractor's portion of the Work. The Contractor shall,
by appropriate agreement with each Subcontractor, require
each Subcontractor to make payments to Sub -subcontractors
in similar manner.
9.6.3 The Architect will, on request, furnish to a
I. Subcontractor, if practicable, information regarding
percentages of completion or amounts applied for by the
Contractor and action taken thereon•by the Architect and
Owner on account of portions of the Work done by such
Subcontractor.
9.6.4 Neither the Owner nor Architect shall have an
obligation to pay or to see to the payment of money to a
Subcontractor except as may otherwise be required by law.
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9.6.5 Payment to material suppliers shall be treated in a
malmer similar to that provided in Subparagraphs 9.6.2,
9.6.3 and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or
partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance
with the Contract Documents.
9.7 FAILURE OF PAYMENT
9.7.1 If the Architect does not issue a Certificate for
Payment, through no fault of the Contractor, within seven
days after receipt of the Contractor's Application for
Payment, or if the Owner does not pay the Contractor within
seven days after the date established in the Contract
Documents the amount certified by the Architect or awarded
by arbitration, then the Contractor may, upon seven
additional days' written notice to the Owner and Architect,
stop the Work until payment of the amount owing has been
received. The Contract Time shall be extended appropriately
and the Contract Sum shall be increased by the amount of
the Contractor's reasonable costs of shut -down, delay and
start-up, which shall be accomplished as provided in Article
7.
9.8 SUBSTANTIAL COMPLETION
9.8.1 Substantial Completion is the stage in the progress
of the Work when the Work or designated portion thereof is
sufficiently complete in accordance with the Contract
Documents so the Owner can occupy or utilize the Work for
its intended use.
9.8.2 When the Contractor considers that the Work, or a
portion thereof which the Owner agrees to accept separately,
is substantially complete, the Contractor shall prepare and
submit to the Architect a comprehensive list of items to be
completed or corrected. The Contractor shall proceed
promptly to complete and correct items on the list. Failure to
include an item on such list does not alter the responsibility
of the Contractor to complete all Work in accordance with
the Contract Documents. Upon receipt of the Contractor's
list, the Architect will make an inspection to determine
whether the Work or designated portion thereof is
substantially complete. If the Architect's inspection discloses
any item, whether or not included on the Contractor's list.
which is not in accordance with the requirements of the
Contract Documents, the Contractor shall, before issuance of
the Certificate of Substantial Completion, complete or
correct such item, upon notification by the Architect. The
Contractor shall then submit a request for another inspection
by the Architect to determine Substantial Completion. When
the Work or designated portion thereof is substantially
complete, the Architect will prepare a Certificate of
Substantial Completion which shall establish the date of
Substantial Completion, shall establish responsibilities of the
Owner and Contractor for security, maintenance, heat.
utilities, damage to the Work and insurance, and shall fix the
time within which the Contractor shall finish all items on the
list accompanying the Certificate. Warranties required by
the Contract Documents shall commence on the date of
Substantial Completion of the Work or designated portion
thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial
Completion shall be submitted to the Owner and Contractor
for their written acceptance of responsibilities assigned to
them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or
designated portion thereof and upon application by the
Contractor and certification by the Architect, the Owner
shall make payment, reflecting adjustment in retainage, if
any, for such Work or portion thereof as provided in the
Contract Documents.
9.9 PARTIAL OCCUPANCY OR USE
9.9.1 The Owner may occupy or use any completed or
partially completed portion of the Work at any stage when
such portion is designated by separate agreement with the
Contractor, provided such occupancy or use is consented to
by the insurer as required under Subparagraph 11.3.11 and
AlA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
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authorized by public authorities having jurisdiction over the
Work. Such partial occupancy or use may commence
whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the
responsibilities assigned to each of them for payments,
retainage if any, security, maintenance, heat, utilities,
damage to the Work and insurance, and have agreed in
writing concerning the period for correction of the Work and
commencement of warranties required by the Contract
Documents. When the Contractor considers a portion
substantially complete, the Contractor shall prepare and
submit a list to the Architect as provided under
Subparagraph 9.8.2. Consent of the Contractor to partial
occupancy or use shall not be unreasonably withheld. The
stage of the progress of the Work shall be determined by
written agreement between the Owner and Contractor or, if
no agreement is reached, by decision of the Architect.
9.9.2 Immediately prior to such partial occupancy or use,
the Owner, Contractor and Architect shall jointly inspect the
area to be occupied or portion of the Work to be used in
order to determine and record the condition of the. Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or
use of a portion or portions of the Work shall not constitute
acceptance of Work not complying with the requirements of
the Contract Documents.
9.10 FINAL COMPLETION AND FINAL PAYMENT
9.10.1 Upon receipt of written notice that the Work is
ready for final inspection and acceptance and upon receipt of
a final Application for Payment, the Architect will promptly
make such inspection and, when the Architect finds the
Work acceptable under the Contract Documents and the
Contract fully performed, the Architect will promptly issue a
final Certificate for Payment stating that to the best of the
Architect's knowledge, information and belief, and on the
basis of the Architect's observations and inspections, the
Work has been completed in accordance with terms and
conditions of the Contract Documents and that the entire
balance found to be due the Contractor and noted in said
final Certificate is due and payable. The Architect's final
Certificate for Payment will ' constitute a further
representation that conditions listed in Subparagraph 9.10.2
as precedent to the Contractor's being entitled to final
payment have been fulfilled.
9.10.2 Neither final payment nor any remaining retained
percentage shall become due until the Contractor submits to
the Architect (1) an affidavit that payrolls, bills for materials
and equipment, and other indebtedness connected with the
Work for which the Owner or the Owner's property might be
responsible or encumbered (less amounts withheld by
Owner) have been paid or otherwise satisfied, (2) a
certificate evidencing that insurance required by the Contract
Documents to remain in force after final payment is currently
in effect and will not be cancelled or allowed to expire until
at least 30 days' prior written notice has been given to the
Owner, (3) a written statement that the Contractor knows of
no substantial reason that the insurance will not be
renewable to cover the period required by the Contract
Documents, (4) consent of surety, if any, to final payment
and (5), if required by the Owner, other data establishing
payment or satisfaction of obligations, such as receipts,
releases and waivers of liens, claims, security interests or
encumbrances arising out of the Contract, to the extent and
in such form as may be designated by the Owner. If a
Subcontractor refuses to furnish a release or waiver required
by the Owner, the Contractor may furnish a bond satisfactory
to the Owner to indemnify the Owner against such lien. If
such lien remains unsatisfied after payments are made, the
Contractor shall refund to the Owner all money that the
Owner: may be compelled to pay in discharging such lien,
including all costs and reasonable attorneys' fees.
9.10.3 If, after Substantial Completion of the Work, final
completion thereof is materially delayed through no fault of
the Contractor or by issuance of Change Orders affecting
final completion, and the Architect so confirms, the Owner
shall, upon application by the Contractor and certification by
the Architect, and without terminating the Contract, make
payment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance for Work 1
not fully completed or corrected is less than retainage
stipulated in the Contract Documents, and if bonds have
been furnished, the written consent of surety to payment of
the balance due for that portion of the Work fully completed
and accepted shall be submitted by the Contractor to the
Architect prior to certification of such payment. Such
payment shall be made under terms and conditions
governing final payment, except that it shall not constitute a
Waiver of claims. The making of final payment shall
constitute a waiver of claims by the Owner as provided in
Subparagraph 4.3.5.
9.10.4 Acceptance of final payment by the Contractor, a
Subcontractor or material supplier shall constitute a waiver
of claims by that payee except those. previously made in
writing and identified by that payee as unsettled at the time
of final Application for Payment. Such waivers shall be in
addition to the waiver described in Subparagraph 4.3.5.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - ALA- COPYRIGHT 1987 - THE
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10.1.1 The Contractor shall be responsible for initiating,
maintaining and supervising all safety precautions and
programs in connection with the performance of the
Contract.
10.1.2 In the event the Contractor encounters on the site
material reasonably believed to be asbestos or
polychlorinated biphenyl (PCB) which has not been rendered
harmless, the Contractor shall immediately stop Work in the
area affected and report the condition to the Owner and
Architect in writing. The Work in the affected area shall not
thereafter be resumed except by written agreement of the
Owner and Contractor if in fact the material is asbestos or
polychlorinated biphenyl (PCB) and has not been rendered
harmless. The Work in the affected area shall be resumed in
the absence of asbestos or polychlorinated biphenyl (PCB), or
when it has been rendered harmless, by written agreement of
the Owner and Contractor, or in accordance with final
determination by the Architect on which arbitration has not
been demanded, or by arbitration under Article 4.
10.1.3 The Contractor shall not be required pursuant to
Article 7 to perform without consent any Work relating to
asbestos or polychlorinated biphenyl (PCB).
10.1.4 To the fullest extent permitted by law, the Owner
shall indemnify and hold harmless the Contractor. Architect,
Architect's consultants and agents and employees of any of
them from and against claims, damages, losses and expenses,
including but not limited to attorneysfees, arising out of or
resulting from performance of the Work in the affected area
if in fact the material is asbestos or polychlorinated biphenyl
(PCB) and has not been rendered harmless, provided that
such claim, damage, loss or expense is attributable to bodily
injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself)
including loss of use resulting therefrom, but only to the
extent caused in whole or in part by negligent acts or
omissions of the Owner, anyone directly or indirectly
employed by the Owner or anyone for whose acts the Owner
may be liable, regardless of whether or not such claim,
damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be
construed to negate, abridge, or reduce other rights or
obligations of indemnity which would otherwise exist as to a
party or person described in this Subparagraph 10.1.4.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall take reasonable precautions for
safety of, and shall provide reasonable protection to prevent
damage, injury or loss to:
1 employees on the Work and other persons who may
be affected thereby;
.2 the Work and materials and equipment to be
incorporated therein, whether in storage on or off
the site, under care, custody or control of the
Contractor or the Contractor's Subcontractors or
Sub -subcontractors; and
.3 other property at the site or adjacent thereto, such as
trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal.
relocation or replacement in the course of
construction.
10.2.2 The Contractor shall give notices and comply with
applicable laws, ordinances, rules, regulations and lawful
orders of public authorities bearing on safety of persons or
property or their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required
by existing conditions and performance of the Contract.
reasonable safeguards for safety and protection, including
posting danger signs and other warnings against hazards.
promulgating safety regulations and noticing owners and
users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other
hazardous materials or equipment or unusual methods are
necessary for execution of the Work, the Contractor shall
exercise utmost care and carry on such activities under
supervision of properly qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and
loss (other than damage or loss insured under property
insurance required by the Contract Documents) to property
referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole
or in part by the Contractor, a Subcontractor, a
Sub -subcontractor, or anyone directly or indirectly employed
by any of them, or by anyone for whose acts they may be
liable and for which the Contractor is responsible under
Clauses 10.2.1.2 and 10.2.1.3, except damage or loss
attributable to acts or omissions of the Owner or Architect or
anyone directly or indirectly employed by either of them, or
by anyone for whose acts either of them may be liable, and
not attributable to the fault or negligence of the Contractor.
The foregoing obligations of the Contractor are in addition to
the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible
member of the Contractor's organization at the site whose
duty shall be the prevention of accidents. This person shall
be the Contractor's superintendent unless otherwise
designated by the Contractor in writing to the Owner and
Architect.
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 -THE
' AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; .Unlicensed photocopying
violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without
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10.2.7 The Contractor shall not load or permit any part of
the construction or site to be loaded so as to endanger its
safety. `
10.3 EMERGENCIES
10.3.1 In an emergency affecting safety of persons or
property, the Contractor shall act, at the Contractor's
discretion, to prevent threatened damage, injury or loss.
Additional compensation or extension of time claimed by the
Contractor on account of anemergency shall be determined
as provided in Paragraph 4.3 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall purchase from and maintain in
a company or companies lawfully authorized to do business
in the jurisdiction in which the Project is located such
insurance as will protect the Contractor from claims set forth
below which may arise out of or result from the Contractor's
operations under the Contract and for which the Contractor
may. be legally liable, whether such operations be by the
Contractor or by a Subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose
acts any of them may be liable:
.1 claims under workersor workmen's compensation,
disability benefit and other similar employee benefit
acts which are applicable to the Work, to be
performed;
.2 claims for damages because of bodily injury,
occupational sickness or disease, or death of the
Contractor's employees;
.3 claims for damages- because of bodily injury,
sickness or disease, or death of any person other
than the Contractor's employees;
.4 claims for damages insured by usual personal' injury
liability coverage which are sustained (1) by a
person as a result of an offense directly or indirectly
related to employment of such person by the 11.3.1 Unless otherwise provided, the Owner shall
Contractor, or (2) by another person; purchase and maintain, in -a company or companies lawfully
authorized to do business in the jurisdiction in which the
.5 claims for damages, other than to the Work itself, Project.is located, property insurance in the amount of the
because of injury to or destruction of tangible initial Contract Sum as well as subsequent modifications
property, including loss of use resulting therefrom; thereto for the entire Work at the site on a replacement cost
basis without voluntary deductibles. Such property insurance
shall be maintained, unless otherwise provided in the
.6 claims for damages because of bodily injury, death Contract Documents or otherwise agreed in writing by all
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of a person or - property ` damage arising out of
ownership, maintenance or use of a motor vehicle;
and -
7 claims involving contractual liability insurance
applicable to the Contractor's obligations under
Paragraph 3.18.
11.1.2 The insurance required by Subparagraph 11.1.1
shall be written for not less than limits of liability specified I
in the Contract Documents or required by law, whichever
coverage is greater. Coverages, whether written on an
occurrence or claims -made basis, shall be maintained
without interruption from date of commencement of the
Work until date of final payment and termination of any
coverage required to be maintained after final payment. 1
11.1.3 Certificates of Insurance acceptable. to - the Owner
shall be filed with the Owner prior to commencement of the
Work. These Certificates and the insurance policies required
by this Paragraph 11.1 shall contain a- provision that
coverages afforded under the policies will not be cancelled or
allowed to expire until at least 30 days' prior written notice
has been given to the Owner. If any of the foregoing
insurance coverages are required to remain in force after
final payment and are reasonably available, all additional
certificate evidencing continuation of such coverage shall be
submitted with the final Application for Payment as required
by Subparagraph 9.10.2. Information concerning reduction
of coverage shall be furnished by the Contractor with
reasonable promptness in accordance with the Contractor's
information and belief.
11.2 OWNER'S LIABILITY INSURANCE I
11.2.1 The Owner shall be responsible for purchasing and
maintaining the Owner's usual liability insurance.
Optionally, the Owner may purchase and maintain other
insurance for self-protection against claims which may arise
from operations under the Contract. The Contractor shall
not be responsible for purchasing and maintaining this
optional Owner's' liability insurance unless specifically
required by the Contract Documents.
11.3 PROPERTY INSURANCE
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - MA- COPYRIGHT 1987 - THE
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persons and entities who are beneficiaries of such insurance,
until final payment has been made as provided in Paragraph
9.10 or until no person or entity other than the Owner has an
insurable interest in the property required by this Paragraph
11.3 to be covered, whichever is earlier. This insurance shall
include interests of the Owner, the Contractor,
Subcontractors and Sub -subcontractors in the Work.
11.3.1.1 Property insurance shall be on an all-risk policy
form and shall insure against the perils of fire and extended
coverage and physical loss or damage including, without
duplication of coverage, theft. vandalism, malicious
mischief collapse, false -work, temporary buildings and
debris removal including demolition occasioned by
enforcement of any applicable legal requirements, and shall
cover reasonable compensation for Architect's services and
expenses required as a result of such insured loss. Coverage
for other perils shall not be required unless otherwise
provided in the Contract Documents.
11.3.1.2 If the Owner does not intend to purchase such
property insurance required by the Contract and with all of
the coverages in the amount described above, the Owner
shall so inform the Contractor in writing prior to
commencement of the Work. The Contractor may then
effect insurance which will protect the interests of the
Contractor, Subcontractors and Sub -subcontractors in the
Work, and by appropriate Change Order the cost thereof
shall be charged to the Owner. If the Contractor is damaged
by the failure or neglect of the Owner to purchase or
maintain insurance as described above, without so notifying
the Contractor, then the Owner shall bear all reasonable
costs properly attributable thereto.
11.3.1.3 If the property insurance requires minimum
deductibles and such deductibles are identified in the
Contract Documents, the Contractor shall pay costs not
covered because of such deductibles. If the Owner or insurer
increases the required minimum deductibles above the
amounts so identified or if the Owner elects to purchase this
insurance with voluntary deductible amounts, the Owner
shall be responsible for payment of the additional costs not
covered because of such increased or voluntary deductibles.
If deductibles are not identified in the Contract Documents,
the Owner shall pay costs not covered because of deductibles.
11.3.1.4 Unless otherwise provided in the Contract
Documents, this property insurance shall cover portions of
the Work stored off the site after written approval of the
Owner at the value established in the approval, and also
portions of the Work in transit.
11.3.2 Boiler and Machinery Insurance. The Owner
shall purchase and maintain boiler and machinery insurance
required by the Contract Documents or by law, which shall
specifically cover such insured objects during installation
and until final acceptance by the Owner; this insurance shall
include interests of the Owner, Contractor, Subcontractors
and Sub -subcontractors in the Work, and the Owner and
Contractor shall be named insureds.
11.3.3 Loss of Use Insurance. The Owner, at the
Owner's option, may purchase and maintain such insurance
as will insure the Owner against loss of use of the Owner's
property due to fire or other hazards, however caused. The
Owner waives all rights of action against the Contractor for
loss of use of the Owner's property, including consequential
losses due to fire or other hazards however caused.
11.3.4 If the Contractor requests in writing that insurance
for risks other than those described herein or for other
special hazards be included in the property insurance policy.
the Owner shall, if possible, include such insurance, and the
cost there of shall be charged to the Contractor by
appropriate Change Order.
11.3.5 If during the Project construction period the Owner
insures properties, real or personal or both, adjoining or
adjacent to the site by property insurance under policies
separate from those insuring the Project, or if after final
payment property insurance is to be provided on the
completed Project through a policy or policies other than
those insuring the Project during the construction period, the
Owner shall waive all rights in accordance with the terms of
Subparagraph 11.3.7 for damages caused by fire or other
perils covered by this separate property insurance. All
separate policies shall provide this waiver of subrogation by
endorsement or otherwise.
11.3.6 Before an exposure to loss may occur, the Owner
shall file with the Contractor a copy of each policy that
includes insurance coverages required by this Paragraph
11.3. Each policy shall contain all generally applicable
conditions, definitions, exclusions and endorsements related
to this Project. Each policy shall contain a provision that the
policy will not be cancelled or allowed to expire until at least
30 days' prior written notice has been given to the
Contractor.
11.3.7 Waivers of Subrogation. The Owner and
Contractor waive all rights against (1) each other and any of
their subcontractors, sub -subcontractors, agents and
employees, each of the other, and (2) the Architect,
Architect's consultants, separate contractors described in
Article 6, if any, and any of their subcontractors,
sub -subcontractors, agents and employees, for damages
caused by fire or other perils to the extent covered by
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1997 - THE
AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without
violation until the date of expiration as noted below.
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property insurance obtained pursuant to this Paragraph 11.3
or other property insurance applicable to the Work, except
such rights as they have to proceeds of such insurance held
by the Owner as fiduciary. The Owner or Contractor, as
appropriate, shall require of the Architect, Architect's
consultants, separate contractors described in Article 6, if
any. and the subcontractors, sub -subcontractors, agents and
employees of any of them, by appropriate agreements,
written where legally required for validity, similar waivers
each in favor of other parties enumerated herein. The
policies shall provide such waivers of subrogation by
endorsement or otherwise. A waiver of subrogation shall be
effective as to a person or entity even though that person or
entity would otherwise have a duty of indemnification.
contractual or otherwise, did not pay the insurance premium
directly or indirectly, and whether or not the person or entity
had an insurable interest in the property damaged.
11.3.8 A loss insured under Owner's property insurance
shall be adjusted by the Owner as fiduciary and made
payable to the Owner as fiduciary for the insureds, as their
interests may appear, subject to requirements of any
applicable mortgagee clause and of Subparagraph 11.3.10.
The Contractor shall pay Subcontractors their just shares of
insurance proceeds received by the Contractor, and by
appropriate agreements, written where legally required for
validity, shall require Subcontractors to make payments to
their Sub -subcontractors in similar manner.
11.3.9 If required in writing by a party in interest, the
Owner as fiduciary shall, upon occurrence of an insured loss,
give bond for proper performance of the Owner's duties. The
cost of required bonds shall be charged against, proceeds
received as fiduciary. The Owner shall deposit in a separate
account proceeds so received, which the Owner shall
distribute in accordance with such agreement as the parties
in interest may reach, or in accordance with an arbitration
award in which case the procedure shall be as provided in
Paragraph 4.5. If after such loss no other special agreement
is made, replacement of damaged property shall be covered
by appropriate Change Order.
11.3.10 The Owner as fiduciary shall have power to adjust
and settle a loss with insurers unless one of the parties in
interest shall object in writing within five days after
occurrence of loss to the Owner's exercise of this power; if
such objection be made, arbitrators shall be chosen as
provided in Paragraph 4.5. The Owner as fiduciary shall, in
that case, make settlement with insurers in accordance with
directions of such arbitrators. If distribution of insurance
proceeds by arbitration is required, the arbitrators will direct
such distribution.
11.3.11 Partial occupancy or use in accordance with
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Paragraph 9.9 shall not commence until the insurance
company or companies providing property insurance have
consented to such partial occupancy or use by endorsement
or otherwise. The Owner and the Contractor shall take
reasonable steps to obtain consent of the insurance company
or companies and shall, without mutual written consent, take
no action with respect to partial occupancy or use that would
cause cancellation, lapse or reduction of insurance.
11.4 PERFORMANCE BOND AND PAYMENT
BOND
11.4.1 The Owner shall have the right to require the
Contractor to furnish bonds covering faithful performance of
the Contract and payment of obligations arising thereunder
as stipulated in bidding requirements or specifically required
in the Contract Documents on the date of execution of the ,
Contract.
11.4.2 Upon the request of any person or entity appearing
to be a potential beneficiary of bonds covering payment of
obligations arising under the Contract, the Contractor shall
promptly furnish a copy of the bonds or shall permit a copy
to be made. _ 1
ARTICLE 12 1
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of the Work is covered contrary to the
Architect's request or to requirements specifically expressed
in the Contract Documents, it must, if required in writing by
the Architect, be uncovered for the Architect's observation
and be replaced at the Contractor's expense without change
in the Contract Time.
12.1.2 If a portion of the Work has been covered which the
Architect has not specifically requested to observe prior to its
being covered; the Architect may request to see such Work
and it shall be uncovered by the Contractor. If such Work is
in accordance with the Contract Documents, costs of
uncovering and replacement shall, by appropriate Change
Order, be charged to the Owner. If such Work is not in
accordance with the Contract Documents, the Contractor
shall pay such costs unless the condition was caused by the
Owner or a separate contractor in which event the Owner
shall be responsible for payment of such costs.
12.2 CORRECTION OF WORK
12.2.1 The Contractor shall promptly correct Work
rejected by the Architect or failing to conform to the
requirements of the Contract Documents, whether observed
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before or after Substantial Completion and whether or not
fabricated, installed or completed. The Contractor shall bear
costs of correcting such rejected Work, including additional
testing and inspections and compensation for the Architect's
services and expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial
Completion of the Work or designated portion thereof, or
after the date for commencement of warranties established
under Subparagraph 9.9.1, or by terms of an applicable
special warranty required by the Contract Documents, any of
the Work is found to be not in accordance with the
requirements of the Contract Documents, the Contractor
shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given
the Contractor a written acceptance of such condition. This
period of one year shall be extended with respect to portions
of Work first performed after Substantial Completion by the
period of time between Substantial Completion and the
actual performance of the Work. This obligation under this
Subparagraph 12.2.2 shall survive acceptance of the Work
under the Contract and termination of the Contract. The
Owner shall give such notice promptly after discovery of the
condition.
12.2.3 The Contractor shall remove from the site portions
of the Work which are not in accordance with the
requirements of the Contract Documents and arc neither
corrected by the Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming
Work within a reasonable time, the Owner may correct it in
accordance with Paragraph 2.4. If the Contractor does not
proceed with correction of such nonconforming Work within
a reasonable time fixed by written notice from the Architect,
the Owner may remove it and store the salvable materials or
equipment at the Contractor's expense. If the Contractor
does not pay costs of such removal and storage within ten
days after written notice, the Owner may upon ten additional
days' written notice sell such materials and equipment at
auction or at private sale and shall account for the proceeds
thereof, after deducting costs and damages that should have
been borne by the Contractor, including compensation for the
Architect's services and expenses made necessary thereby. If
such proceeds of sale do not cover costs which the Contractor
should have borne, the Contract Sum shall be reduced by the
deficiency. If payments then or thereafter due the Contractor
are not sufficient to cover such amount, the Contractor shall
pay the difference to the Owner.
12.2.5 The Contractor shall bear the cost of correcting
destroyed or damaged construction, whether completed or
partially completed, of the Owner or separate contractors
caused by the Contractor's correction or removal of Work
which is not in accordance with the requirements of the
Contract Documents.
-12.2.6 Nothing contained in this Paragraph 12.2 shall be
construed to establish a period of limitation with respect to
other obligations which the Contractor might have under the
Contract Documents. Establishment of the time period of
one year as described in Subparagraph 12.2.2 relates only to
the specific obligation of the Contractor to correct the Work,
and has no relationship to the time within which the
obligation to comply with the Contract Documents may be
sought to be enforced, nor to the time within which
proceedings may be commenced to establish the Contractor's
liability with respect to the Contractor's obligations other
than specifically to correct the Work.
12.3 ACCEPTANCE OF NONCONFORMING
WORK
12.3.1 If the Owner prefers to accept Work which is not in
accordance with the requirements of the Contract
Documents, the Owner may do so instead of requiring its
removal and correction, in which case the Contract Sum will
be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been
made.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the law of the
place where the Project is located. .
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Contractor respectively bind
themselves, their partners, successors, assigns and legal
representatives to the other party hereto and to partners,
successors, assigns and legal representatives of such other
party in respect to covenants, agreements and obligations
contained in the Contract Documents. Neither party to the
Contract shall assign the Contract as a whole without written
consent of the other. If either party attempts to make such an
assignment without such consent, that party shall
nevertheless remain legally responsible for all obligations
under the Contract.
13.3 WRITTEN NOTICE
13.3.1 Written notice shall be deemed to have been duly
served if delivered in person to the individual or a member of
the firm or entity or to an officer of the corporation for which
it was intended, or if delivered at or sent by registered or
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA. COPYRIGHT 1987 - THE
AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 200065292.. WARNING; Unlicensed photocopying
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certified mail to the last business address known to the party
giving notice.
13.4 RIGHTS AND REMEDIES
13.4.1 Duties and obligations imposed by the Contract
Documents and rights and remedies available thereunder
shall be in addition to and not a limitation of duties,
obligations, rights and remedies otherwise imposed or
available by law.
13.4.2 No action or failure to act by the Owner, Architect
or Contractor shall constitute a waiver of a right or duty
afforded them under the Contract, nor shall such action or
failure to act constitute approval of or acquiescence in a
breach thereunder, except as may be specifically agreed in
writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Tests, inspections and approvals of portions of the
Work required by the Contract Documents or by laws,
ordinances, rules, regulations or orders of public authorities
having jurisdiction shall be made at an appropriate time.
Unless otherwise provided, the Contractor shall make
arrangements for such tests, inspections and approvals with
an independent testing laboratory or entity acceptable to the
Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The
Contractor shall give the Architect timely notice of when and
where tests and inspections are to be made so the Architect
may observe such procedures. The Owner shall bear costs of
tests, inspections or approvals which do not become
requirements until after bids are received or negotiations
concluded.
13.5.2 If the Architect, Owner or public authorities having
jurisdiction determine that portions of the Work require
additional testing, inspection or approval not included under
Subparagraph 13.5.1, the Architect will, upon written
authorization from the Owner, instruct the Contractor to
make arrangements for such additional testing, inspection or
approval by an entity acceptable to the Owner, and the
Contractor shall give timely notice to the Architect of when
and where tests and inspections are to be made so the
Architect may observe such procedures. The Owner shall
bear such costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or
approval under Subparagraphs .13.5.1 and 13.5.2 reveal
failure of the portions of the Work to comply with
requirements established by the Contract Documents, the
Contractor shall bear all costs made necessary by such failure
including those of repeated procedures and compensation for
the Architect's services and expenses.
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13.5.4 Required certificates of testing, inspection or
approval shall, unless otherwise required by the Contract
Documents, be secured by the Contractor and promptly
delivered to the Architect.
13.5.5 If the Architect is to observe tests, inspections or
approvals required by the Contract Documents, the Architect
will do so promptly and, where practicable, at the normal .;.
place of testing.
13.5.6 Tests or inspections conducted pursuant to the
Contract Documents shall be made promptly to avoid
unreasonable delay in the Work.
13.6 INTEREST
13.6.1 Payments due and unpaid under the Contract
Documents shall bear interest from the date payment is due
at such rate as the parties may agree upon in writing or. in
the absence thereof, at the legal rate prevailing from time to
time at the place where the Project is located.
13.7 COMMENCEMENT OF STATUTORY
LIMITATION PERIOD _
13.7.1 As between the Owner and Contractor:
I Before Substantial Completion. As to acts or
failures to act occurring prior to the relevant date of
Substantial Completion, any applicable statute of
limitations shall commence to run and any alleged
cause of action shall be deemed to have accrued in
any and all events not later than such date of
Substantial Completion;
.2 Between Substantial Completion and Final
Certificate for Payment. As to acts or failures to
act occurring subsequent to the relevant date of
Substantial Completion and prior to issuance of the
final Certificate for Payment, any applicable statute
of limitations shall commence to run and any
alleged cause of action shall be deemed to have
accrued in any and all events not later than the date
of issuance of the final Certificate for Payment; and
3 After Final Certificate for Payment. As to acts
or failures to act occurring after the relevant date of
issuance of the final Certificate for Payment, any
applicable statute of limitations shall commence to
run and any alleged cause of action shall be deemed
to have accrued in any and all events not later than
the date of any act or failure to act by the Contractor
pursuant to any warranty provided under Paragraph
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AlA - COPYRIGHT 1987- THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292.. WARNING; Unlicensed photocopying
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3.5, the date of any correction of the Work or failure
to correct the Work by the Contractor under
Paragraph 12.2, or the date of actual commission of
any other act or failure to perform any duty or
obligation by the Contractor or Owner, whichever
occurs last.
ARTICLE 14
TERMINATION OR SUSPENSION OF THE
CONTRACT
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 The Contractor may terminate the Contract if the
Work is stopped for a period of 30 days through no act or
fault of the Contractor or a Subcontractor. Sub -subcontractor
or their agents or employees or any other persons performing
portions of the Work under contract with the Contractor, for
any of the following reasons:
.1 issuance of an order of a court or other public
authority having jurisdiction;
.2 an act of government, such as a declaration of
national emergency, making material unavailable;
3 because the Architect has not issued a Certificate for
Payment and has not notified the Contractor of the
reason for withholding certification as provided in
Subparagraph 9.4.1, or because the Owner has not
made payment on a Certificate for Payment within
the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by
the Owner as described in Paragraph 14.3 constitute
in the aggregate more than 100 percent of the total
number of days scheduled for completion, or 120
days in any 365 -day period, whichever is less; or
.5 the Owner has failed to furnish to the Contractor
promptly, upon the Contractor's request, reasonable
evidence as required by Subparagraph 2.2.1.
14.1.2 If one of the above reasons exists, the Contractor
may, upon seven additional days' written notice to the Owner
and Architect, terminate the Contract and recover from the
Owner payment for Work executed and for proven loss with
respect to materials, equipment, tools, and construction
equipment and machinery, including reasonable overhead,
profit and damages.
14.1.3 If the Work is stopped for a period of 60 days
through no act or fault of the Contractor or a Subcontractor
or their agents or employees or any other persons performing
portions of the Work under contract with the Contractor
because the Owner has persistently failed to fulfill the
Owner's obligations under the Contract Documents with
respect to matters important to the progress of the Work, the
Contractor may, upon seven additional days' written notice to
the Owner and the Architect, terminate the Contract and
recover from the Owner as provided in Subparagraph 14.1.2.
14.2 TERMINATION BY THE OWNER FOR
CAUSE
14.2.1 The Owner may terminate the Contract if the
Contractor:
1 persistently or repeatedly refuses or fails to supply
enough properly skilled workers or proper
materials:
.2 fails to make payment to Subcontractors for
materials or labor in accordance with the respective
agreements between the Contractor and the
Subcontractors;
.3 persistently disregards laws, ordinances, or rules.
regulations or orders of a public authority having
jurisdiction: or
.4 otherwise is guilty of substantial breach of a
provision of the Contract Documents.
14.2.2 When any of the above reasons exist, the Owner,
upon certification by the Architect that sufficient cause exists
to justify such action, may without prejudice to any other
rights or remedies of the Owner and after giving the
Contractor and the Contractor's surety, if any, seven days'
written notice, terminate employment of the Contractor and
may, subject to any prior rights of the surety:
1 take possession of the site and of all materials,
equipment, tools, and construction equipment and
machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to
Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the
Owner may deem expedient.
14.2.3 When the Owner terminates the Contract for one of
the reasons stated in Subparagraph 14.2.1, the Contractor
shall not be entitled to receive further payment until the
Work is finished.
14.2.4 If the unpaid balance of the Contract Sum exceeds
costs of finishing the Work, including compensation for the
AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
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Architect's services and expenses made necessary thereby,
such excess shall be paid to the Contractor. If such costs
exceed the unpaid balance, the Contractor shall pay the
difference to the Owner. The amount to be paid to the
Contractor or Owner, as the case may be, shall be certified by
the Architect, upon application, and this obligation for
payment shall survive termination of the Contract.
14.3 SUSPENSION BY THE OWNER FOR
CONVENIENCE
14.3.1 The Owner may, without cause, order the.
Contractor in writing to suspend, delay or interrupt the Work
in whole or in part for such period of time as the Owner may
determine.
14.3.2 An adjustment shall be made for increases in the
cost of performance of the Contract, including profit on the
increased cost of performance, caused by suspension, delay
or interruption. No adjustment shall be made to the extent:
.1 that performance is, was or would have been so
suspended, delayed or interrupted by another cause
for which the Contractor is responsible; or
.2 that an equitable adjustment is made or denied
under another provision of this Contract.
14.3.3 Adjustments made in the cost of performance may
have a mutually agreed fixed or percentage fee.
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AIA DOCUMENT A201 - GENERAL CONDITIONS OF THHE. CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE
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DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
PART 1- GENERAL
• 1.01 REFERENCE DOCUMENT
A. These Supplementary Conditions are included as a part of the contract documents for this
project to amend the standard provisions of the "General Conditions of the Contract for
Construction", Document No. A201 of the American Institute of Architects, Fourteenth
Edition, dated 1987, as required for this project. Reference herein to articles of the
General Conditions refer to said Document A201. See Document 00700, GENERAL
CONDITIONS, preceding this document.
1.02 GENERAL PROVISIONS (EXECUTION, CORRELATION AND INTENT)
A. Delete subparagraph 1.2.1 in Article I of the General Conditions and substitute the
following:
"1.2.1 The Architect shall identify those contract documents which area part of the Agreement".
1.03 CONTRACTOR (SUPERVISION AND CONSTRUCTION PROCEDURES)
A. Add subparagraph 3.3.5 under Paragraph 3.3 of Article 3 of the General Conditions as
follows:
"3.3.5 Contractor (1) shall review any specified construction or installation procedure (including
those recommended by manufacturers); (2) shall advise the Architect (a) if the specified
procedure deviates from good construction practice, (b) if following the procedure will
affect any warranties, including the Contractor's general warranty, or (c) of any objections
' the contractor may have to the procedure; and (3) to propose any alternative procedure
which the Contractor will warrant."
' 1.04 CONTRACTOR (LABOR AND MATERIALS)
A Add Subparagraphs 3.4.3 and 3.4.4 under Paragraph 3.4 of Article 3 of the General
Conditions as follows:
1 "3.4.3 All contractors and subcontractors engaged in the Owner/Contractor Agreement shall
conform to the labor laws of the State of Arkansas and the various acts amendatory and
supplementary thereto; and to all other laws, ordinances and legal requirements applicable
thereto."
1.05 CONTRACTOR (WARRANTY)
A. Refer to subparagraph 3.5.1 in Article 3 of the General Conditions and add the following:
"The Contractor shall guarantee and warrant his and his subcontractor's work and
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materials (including the materials and work of suppliers of the Contract and his
subcontractors) for a period of one year from the date of Substantial Completion. This
Warranty shall be for a longer period on certain items if so designated in the
Specifications. The foregoing one-year guaranty and warranty shall not in any way limit,
restrict or affect the liability of the Contractor, or his subcontractors, for indemnity as
provided for in this Contract, nor shall it in any way shorten the period of limitation fixed
by law for the filing of any action against the Contractor for enforcement of the or breach
of any provision of the contract documents. Should the Contractor elect to use any of the
equipment in the building during the construction period, he shall make arrangements with
the subcontractor or supplier of the equipment for any extension of warranty of that
equipment made necessary by such use. The Warranty period for such equipment to the
Owner shall not be reduced by the use of equipment by the Contractor".
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1.06 CONTRACTOR (SHOP DRAWINGS, PRODUCT DATA AND SAMPLES) I
A. Add to subparagraph 3.12.5 under Paragraph 3.12 in Article 3 of the General Conditions '
after the second sentence the following:
"Incomplete or poorly prepared shop drawings or other submittals shall be returned to the
Contractor to be revised or redrawn prior to resubmittaL The Contractor will hold the
Architect and Owner harmless against claims for losses or injury caused by errors or omis-
sions in the shop drawings or other submittals for the Work made by the Contractor, a
subcontractor, any lower tier subcontractor, manufacturer, supplier or distributor."
B. Delete Subparagraph 3.12.8 in Article 3 of the General Conditions and substitute the
following:
"The Contractor shall not be relieved of responsibility for deviations from requirements of
• the Contract Documents by the Architect's approval of Shop Drawings, Product Data,
• Samples or similar submittals unless the Contractor has specifically informed the Architect
of such deviations in a separate writing or by submitting a separate written request for
change at the time of submittal and the Architect has given written approval to the specific -
deviation. The Contractor shall not be relieved of responsibility for errors or omissions in
Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval
thereof'.
1.07 ADMINISTRATION OF THE CONTRACT (ARCHITECT'S ADMINISTRATION OF ',
THE CONTRACT)
A. Add sub -subparagraph 4.2.4.1 under subparagraph 4.2.4 of Article 4 of the General 1.
Conditions as follows:
"4.2.4.1 Any direct communications between Owner and Contractor that affect the ■
performance or administration of the Contract shall be made or confirmed in
writing, with copies to the Architect, and any such communications that represent I
a modification of the Contract requirements will be documented appropriately.
Any communications among the Architect and Subcontractors shall be confirmed ,
in writing to the Contractor."
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1.08 ADMINISTRATION OF THE CONTRACT (ARBITRATION)
,� , A. In the 12th line of subparagraph 4.5.1 in Article 4 of the General Conditions change "upon
written demand of either party" to read "if both parties agree to arbitrate".
1.09 ADMINISTRATION OF THE CONTRACT (ARBITRATION)
A. In Subparagraph 4.5.2 of Article 4 of the General Conditions, after the words
"Construction Industry Arbitration Rules of the American Arbitration Association
currently in effect, unless the parties mutually agree otherwise," add the words, "subject to
applicable laws of the State of Arkansas."
I 1.10 SUBCONTRACTORS (AWARD OF SUBCONTRACTS AND OTHER CONTRACTS
FOR PORTIONS OF THE WORK)
A. Add subparagraph 5.2.5 in Article 5 of the General Conditions as follows:
"5.2.5 Where any of the provisions of this Paragraph 5.2 of Article 5 conflict with Act 477 of
1961 of the State of Arkansas, as amended, the provisions of Act 477 and amendments
thereto shall govern.
' 1.11 CHANGES IN THE WORK (CHANGE ORDERS/CONSTRUCTION CHANGE
DIRECTIVES)
A. Refer to subparagraphs 7.2.2, 7.3.3 and 7.3.6 in Article 7 of the General Conditions and
make the following changes:
' "7.2.2 Change the last two words in this paragraph "Subparagraph 7.3.3" to Subparagraph
7.3.6."
"7.3.3 Omit subparagraphs 7.3.3.1 through 7.3.3.3. Retain subparagraph 7.3.3.4."
"7.3.6 The value of any such extra work for a single change order or construction change
directive where changes are performed by the contractor using his own forces shall be
determined in one or more of the following ways:
a. By estimate and acceptance of a lump sum where the total amount of the change is
$50,000 or less. The lump sum will be computed as follows:
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(1) Net cost of materials, plus state sales tax.
(2) Net delivery cost.
(3) Net placing cost, plus W.C. Insurance premium and FICA tax.
(4) Overhead and Profit charge not to exceed 12% on items 1, 2 and 3.
(5) Allowable bond premium on items 1, 2, 3, and 4.
Credit for work omitted, which was included in the original contract, shall
be computed on the same basis, except that the Contractor's share of
overhead and profit percentage is 7%.
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The Contractor shall be required, if called upon, to finnish the original bills
and payrolls and support the statement with proper affidavits. The burden
of proof of the costs rests upon the Contractor.
b. By estimate and acceptance of a lump sum where the total amount of the change is J
$50,000 - $100,000. The lump sum will be computed as follows:
(1) Net cost of materials, plus state sales tax. I.
(2) Net delivery cost.
(3) Net placing cost, plus W.C. Insurance premium and FICA tax.
(4) Overhead and Profit charge not to exceed 10% on items 1, 2 and 3.
(5) Allowable bond premium on items 1, 2, 3, and 4.
Credit for work omitted, which was included in the original contract, shall
be computed on the same basis, except that the Contractor's share of
overhead and profit percentage is 7%.
The Contractor shall be required, if called upon, to furnish the original bills
and payrolls and support the statement with proper affidavits. The burden
of proof of the costs rests upon the Contractor.
c. - By estimate and acceptance of a lump sum where the total amount of the change is
$100,000 - $200,000. The lump sum will be computed as follows:
(1) Net cost of materials, plus state sales tax. ,
(2) Net deliverycost. .
• (3) Net placing cost, plus W.C. Insurance premium and FICA tax
(4) Overhead and Profit charge not to exceed 5% on items 1, 2 and 3.
• (5) Allowable bond premium on items 1, 2, 3, and 4. -
Credit for work omitted, which was included in the original contract, shall ,
be computed on the same basis, except that the Contractor's share of
overhead and profit percentage is 7%.
The Contractor shall be required, if called upon, to furnish the original bills
and payrolls and support the statement with proper affidavits. The burden
of proof of the costs rests upon the Contractor.
d. By estimate and acceptance of a lump sum where the total amount of the change is
over $200,000. The lump sum will be computed as follows:
(1) Net cost of materials, plus state sales tax I
(2) Net delivery cost.
(3) Net placing cost, plus W.C. Insurance premium and FICA tax.
(4) Overhead and Profit charge not to exceed 3% on items 1, 2 and 3.
(5) Allowable.bond premium on items 1, 2, 3, and 4.
Credit for work omitted, which was included in the original contract, shall
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be computed on the same basis, except that the Contractor's share of
overhead and profit percentage is 7%.
The Contractor shall be required, if called upon, to firrnish the original bills
and payrolls and support the statement with proper affidavits. The burden
of proof of the costs rests upon the Contractor.
e. By unit prices named in the contract or subsequently agreed upon.
f. By cost and percentage or by cost and a fixed fee, to be computed according to
above formula.
7.3.6.1 The value of any such extra work for a single change order or construction change
directive where changes are performed by a subcontractor shall be determined by
the Subcontractor computing his cost as outlined in Subparagraph 7.3.6 above and
to which said cost the Contractor shall add an Overhead and Profit Charge not to
exceed Five Percent (5%) on changes not exceeding $200,000. Contractor shall
add an Overhead and Profit Charge not to exceed Three Percent (3%) on changes
exceeding $200,000.
PAYMENTS AND COMPLETION (APPLICATIONS FOR PAYMENT)
A. Delete Paragraph 9.3 through 9.9.3 of Article 9 in the General Conditions and substitute
the following Paragraphs 9.3 and 9.4 in lieu thereof:
"9.3 APPLICATIONS FOR PAYMENT AND PAYMENT CERTIFICATES
The Contractor shall present to the Architect an application for payment on or before the
twenty-fifth day of each calendar month. These periodical estimates for partial payment
shall be submitted on special forms, prepared at the Contractor's expense and conforming
to A.I.A. Document G702. An original and a requested number of copies of such estimate
shall be tendered to the Architect. The Architect shall review the Applications for
Payment in accordance with the general observations of the work and the percentage of
completion of each category before submitting them to the Owner for payment. No later
than 30 days of the owner's next payment cycle, the Owner will make partial payment to
the Contractor, but the Owner will retain 10% of the amount of each such estimate. There
shall be retained 10% on the estimated amounts until final completion and acceptance of
all work covered by the contract; provided, however, that the Architect may at any time
after 50% of the Contract Work has been completed, if he finds that satisfactory
workmanship and progress has been attained and with written consent of surety,
recommend that any of the remaining partial payments be paid in fiilL Before issuance of
the final certificate, the Contractor shall obtain in writing from the bonding company
approval of such payment. No certificate issued nor payment made to the Contractor, nor
partial or entire use or occupancy of the Contract Work by the Owner, shall be an
acceptance of any work or materials not in accordance with this contract."
"9.4. PAYMENTS WITHHELD
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In addition to other appropriate justification therefore as authorized by law, the Owner
may withhold or, on account of subsequently discovered evidence, nullify the whole or a
part of any certificate to such extent as may be necessary in his reasonable opinion to
protect himself from loss on account of
a. Defective Contract Work not remedied.
b. Claims filed or reasonable evidence indicating probable filing of claims.
c. Failure of the Contractor to make payments properly to subcontractors or for I
material or labor or equipment.
d. A reasonable doubt that the Contract Work can be completed for the balance then ,
unpaid of the contract sum.
e. Damage to another Contractor or to the Owner.
f. Reasonable evidence that the Contract Work will not be completed within the
Contract Time, and that the unpaid balance would not be adequate to cover actual
or liquidated damages for the anticipated delay; or
g. Persistent failure to carry out the Contract Work in accordance with the Contract
Documents."
1.13 INSURANCE AND BONDS
A. Article 11, delete paragraph 11.1 through 11.3.11 and the following shall be substituted in
lieu thereof ,
11.1 CONTRACTORS LIABILITY INSURANCE
11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully
authorized to do business in the jurisdiction in which the Project is located such insurance
as will protect the Contractor from claims set forth below which may arise out of or result
from Contractor's operations under the Contract and for which the Contractor may be
legally liable, whether such operations be by the Contractor or by a Subcontractor or by
anyone directly or indirectly employed by any of them, or by anyone for whose acts any of
them maybe liable.
1. claims under workers' or workmen's compensation, disability benefit and other
similar employee benefit acts which are applicable to the work to be performed;
2. claims for damages because of bodily injury, occupational sickness or disease, or p
death of the Contractor's employees;
3. claims for damages because of bodily injury, sickness or disease, or death of any I
person other than the Contractor's employees;
•4. claims for damages insured by usual personal injury liability coverage which are I
• sustained (1) by a person as a result of an offense directly or indirectly related to
employment of such person by the Contractor, or (2) by another person. I
5. claims for damages, other than to the work itself because of injury to or '
destruction of tangible property, including loss of use resulting therefrom;
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6. claims for damages because of bodily injury, death of a person or property damage
arising out of ownership, maintenance or use of a motor vehicle; and
7. claims involving contractual liability insurance applicable to the Contractor's
obligations under Paragraph 3.18.
11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of
liability specified in the Contract Documents or required by law, whichever coverage is
greater. Coverages, whether written on an occurrence or claims -made basis, shall be
maintained without interruption from date of commencement of the work until date of
final payment and termination of any coverage required to be maintained after final
payment.
11.1.2.1 The insurance required by subparagraph 11.1.1 shall be written for not less than
the following, or greater if required by law:
' 1. Workers' Compensation:
(a) State Statutory
' (b) Applicable Federal Statutory
(c) Employer's Liability $500,000 per accident
$500,000 disease limit, policy
$500,000 disease limit, individual
2. Comprehensive General Liability (including premises -operations); independent
' contractors protective; products and completed operations) as follows:
(a) 1986 Insurance Service Office Occurrence Form. Coverage should apply
at each work site. Limits required as follows:
(1) General Aggregate $1,000,000
Products/Completed Operations
Aggregate $1,000,000
Personal Injury & Advertising
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Injury $1,000,000
Each Occurrence $1,000,000
I Fire Damage -Legal Liability
(any one fire) $ 50,000
Medical Payments (any one person) $ 5,000
' (2) Products and Completed Operations to be maintained for one year
after final payment.
I(3) Property Damage Liability Insurance will provide X, C, or U
coverage as applicable.
(b) 1973 Insurance Service Office Form Coverage provided will be on the
Comprehensive General Liability form with the Broad Form General
' Liability Endorsement. Limits provided as follows:
' 97017- Walker Park Parking Lot 00800-7
(1) Combined Single Limit $1,000,000 each occurrence
and aggregate
• (2) Products and Completed Operations to be maintained for one year
after final payment.
(3) Property Damage Liability Insurance will provide X, C, or U
coverage as applicable. '
(4) Contractual Liability:
Bodily Injury Combined Single Limit
Property Damage $1,000,000 Each Occurrence
(5) Personal Injury, with Employment Exclusion deleted:
Combined Single Limit 1
$1,000,000 Each Occurrence
(6) Comprehensive Automobile Liability (including Owned, Non- ,
Owned and Hired Vehicles):
Bodily Injury Combined Single Limit
Property Damage $1,000,000 Each Occurrence
11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to
commencement of the work. The certificates and the insurance policies required by this '
paragraph 11.1 shall contain a provision that coverages afforded under the policies will not
be cancelled or allowed to expire until at least 30 daysprior written notice has been given
to the Owner. If any of the foregoing insurance coverages are required to remain in force '
after final payment and are reasonably available, an additional certificate evidencing
continuation of such coverage shall be submitted with the final application for payment as
required by subparagraph 9.10.2. Information concerning reduction of coverage shall be '
furnished by the Contractor with reasonable promptness in accordance with the
Contractor's information and belief.
11.1.3.1 The Contractor shall fiunish one copy of each certificate of insurance herein '.
required for each copy of the agreement which shall specifically set forth evidence
of all coverage required by subparagraphs 11.1.1 and 11.1.2. Furnish to the
Owner copies of any endorsements that are subsequently issued amending
coverage of limits.
11.13.2 The Contractor shall not commence work under this contract until he has obtained I
all insurance with responsible insurance companies satisfactory to the Owner
required under this article, and such insurance has been accepted by the Owner. I
Nothing in this article shall create any obligation on the part of the Architect to see
that the specified insurance is maintained.
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11.1.4 All Subcontractors shall be required to maintain contractors liability insurance the same as
required to be maintained by the Prime Contractor as specified in 11.1.1 and the limits of
liability shall be not less than those required to be maintained by the Prime Contractor
unless their operations are covered to the specified limits by the insurance maintained by
the Prime Contractor.
11.2 OWNER'S LIABILITY INSURANCE
11.2.1 The Contractor shall procure and maintain during the term of this contract, Owner's
Protective Liability Insurance with an endorsement to the policy to include as additional
insured, the Architect, with limits not less than $1,000,000 each occurrence and
$1,000,000 in the aggregate for property damage liability.
11.3 PROPERTY INSURANCE
11.3.1 Unless otherwise provided, the Contractor shall purchase and maintain, in a company or
companies lawfully authorized to do business in the jurisdiction in which the project is
located, property insurance in the amount of the initial contract sum as well as subsequent
modifications thereto for the entire work at the site on a replacement cost basis without
voluntary deductibles. Such property insurance shall be maintained, unless otherwise
provided in the Contract Documents or otherwise agreed in writing by all persons and
entities who are beneficiaries of such insurance, until final payment has been made as
provided in paragraph 9.10 or until no person or entity other than the Owner has an
insurable interest in the property required by this paragraph 113 to be covered, whichever
is earlier. This insurance shall include interests of the Owner, the Contractor, Architect,
Subcontractors and Sub -subcontractors in the work.
11.3.1.1 Property insurance shall be on an all risk policy form and shall insure against the
perils of fire and extended coverage and physical loss or damage including, without
duplication of coverage, theft, vandalism, malicious mischieiy collapse, falsework,
temporary buildings and debris removal including demolition occasioned by
enforcement of any applicable legal requirements, and shall cover reasonable
compensation for Architect's services and expenses required as a result of such
insured loss. Coverage for other perils shall not be required unless otherwise
provided in the Contract Documents.
11.3.1.2 If the Contractor does not intend to purchase such property insurance required by
the contract and with all of the coverages in the amount described above, the
Contractor shall so inform the Owner, in writing, prior to commencement of the
work. The Owner may then effect insurance which will protect the interests of the
Contractor, Architect, Subcontractors and Sub -subcontractors in the work, and by
appropriate change order, the cost thereof shall be charged to the Contractor. If
the Owner is damaged by the failure or neglect of the Contractor to purchase or
maintain insurance as described above, without so notifying the Owner, then the
Contractor shall bear all reasonable costs properly attributable thereto.
11.3.1.3 If the property insurance requires minimum deductibles and such deductibles are
identified in the Contract Documents, the Contractor shall pay costs not covered
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because of such deductibles. If the Owner or insurer increases the required
minimum deductibles above the amounts so identified or if the Owner elects to
purchase this insurance with voluntary deductible amounts, the Owner shall be
responsible for payment of the additional costs not covered because of such
increased or voluntary deductibles. If deductibles are not identified in the Contract
Documents, the Contractor shall pay costs not covered because of deductibles.
11.3.1.4 Unless otherwise provided in the Contract Documents, this property insurance
shall cover portions of the work stored off the site after written approval of the
Owner at the value established in the approval, and also portions of the work in
transit.
11.3.3 Loss of Use Insurance - The Owner, at the Owner's option, may purchase and maintain
such insurance as will insure the Owner against loss of use of the Owner's property due to
fire or other hazards, however caused. The Owner waives all rights of action against the
Contractor for loss of use of the Owner's property, including consequential losses due to
fire or other hazards, however caused.
11.3.4 If the Contractor requests in writing that insurance for risks other than those described
herein or for other special hazards be included in the property insurance policy, the Owner
shall, if possible, include such insurance, and the cost thereof shall be charged to the
Contractor by appropriate change order. I.
11.3.5 If during the project construction period the Owner insures properties, real or personal or
both, adjoining or adjacent to the site by property insurance under policies separate from
those insuring the project, or if after final payment property insurance is to be provided on
the completed project through a policy or policies other than those insuring the project '
during the construction period, the owner shall waive all rights in accordance with terms
of subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate
property insurance. All separate policies shall provide this waiver of subrogation by
endorsement or otherwise.
11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of
each policy that includes insurance coverages required by this paragraph 11.3. Each
policy shall contain all generally applicable conditions, definitions, exclusions and
endorsements related to:this project. Each policy shall contain a provision that the policy
will not be cancelled or. allowed to expire until at least 30 days' prior written notice has
been given to the Contractor.
11.3.7 Waivers of Subrogation - The Owner and Contractor waive all rights against (1) each
other and any of their Subcontractors, Sub -subcontractors, agents and employees, each of
the other, and (2) the Architect, Architect's consultants, separate Contractors described in
Article 6, if any, and any of their Subcontractors, Sub -subcontractors, agents and
employees, for damages caused by fire or other perils to the extent covered by property
insurance obtained pursuant to this paragraph 11.3 or other property insurance applicable '
to the work, except such rights as they have to proceeds of such insurance held by the
Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the ,
Architect, Architect's consultants, separate Contractors described in Article 6, if any, and
97017- Walker Park Parking Lot 00800-10
the Subcontractors, Sub -subcontractors, agents and employees of any of them, by
' appropriate agreements, written where legally required for validity, similar waivers each in
favor of other parties enumerated herein. The policies shall provide such waivers of
subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to
' a person or entity even though that person or entity would otherwise have a duty of
indemnification, contractual or otherwise, did not pay the insurance premium directly or
indirectly, and whether or not the person or entity had an insurable interest in the property
damaged.
11.3.8 A loss insured under Contractor's property insurance shall be adjusted by the Contractor
as fiduciary and made payable to the Contractor as fiduciary for the insureds, as their
interests may appear, subject to requirements of any applicable mortgage clause and of
subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of
insurance proceeds received by the Contractor, and by appropriate agreements, written
where legally required for validity, shall require Subcontractors to make payments to their
Sub -subcontractors in similar manner.
11.3.9 If required in writing by a part in interest, the Contractor as fiduciary shall, upon
' occurrence of an insured loss, give bond for proper performance of the Contractor's
duties. The cost of required bonds shall be charged against proceeds received as fiduciary.
The Contractor shall be charged against proceeds received as fiduciary. The Contractor
' shall deposit in a separate account proceeds so received, which the Contractor shall
distribute in accordance with such agreement as the parties in interest may reach, or in
accordance with an arbitration award in which case the procedure shall be as provided in
paragraph 4.5. If after such loss no other special agreement is made, replacement of
damaged property shall be covered by appropriate change order.
' 11.3.10 The Contractor as fiduciary shall have power to adjust and settle a loss with
insurers unless one of the parties in interest shall object in writing within five days
' after occurrence of loss to the Contractor's exercise of this power; if such
objection be made, an arbitrator shall be chosen as provided in paragraph 4.5. The
Contractor as fiduciary shall, in that case, make settlement with insurers in
accordance with directions of such arbitration is required, the arbitrators will direct
such distribution.
11.3.11 Partial occupancy or use in accordance with paragraph 9.9 shall not commence
until the insurance company or companies providing property insurance have
consented to such partial occupancy or use by endorsement or otherwise. The
1 Owner and the Contractor shall take reasonable steps to obtain consent of the
insurance company or companies and shall, without mutual written consent, take
no action with respect to partial occupancy or use that would cause cancellation,
• lapse or reduction of insurance.
1.14 INSURANCE AND BONDS (PERFORMANCE BOND AND PAYMENT BOND)
' A. Add the following to Subparagraph 11.4.3 in Article 11 of the General Conditions:
IThe performance -payment bond shall be in compliance with the laws of the State of Arkansas and
[1
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as stipulated in Document 00600, BONDS of these specifications."
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
END OF DOCUMENT 00800
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DIVISION 1
GENERAL REQUIREMENTS
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SECTION 01100
ISUMMARY OF WORK
PART I - GENERAL
' 1.01 CONTRACT BASIS
' A. Work is based upon conditions at site, Project Manual, contract Drawings for Project No.
97017, dated May 01, 1998, all addenda issued and the Contract executed between
Owner and Contractor.
1.02 OWNER
A. Wherever term "Owner" or "Owners" is used in Project Manual it refers to The City of
Fayetteville, Arkansas. All papers required to be delivered to Owner shall be delivered to
' Nancy Dugwyler, Parks and Recreation Director, City of Fayetteville, 113 W. Mountain,
Fayetteville, Arkansas 72701.
1.03 ARCHITECT
A. Wherever term "Architect" or "Architects" is used in these specifications it refers to
Wittenberg, Delony & Davidson, Inc., Architecture & Interior Design, 100 West Center
Street. Suite 102, Fayetteville, Arkansas 72701.
' 1.04 TIME FOR COMPLETION
A. Time for completion of all Work under this contract is 120 consecutive calendar days
from date of written notice to proceed.
' 1.05 RESPONSIBILITIES OF CONTRACTOR
A. Except as otherwise specifically stated in the contract, Contractor shall provide and pay
I. for all materials, labor, tools, equipment, water, light, heat, power, transportation,
superintendence, temporary construction of every nature, taxes legally collectible because
of the Work and all other services and facilities of any nature necessary to execute Work
' as shown and/or specified under the contract and deliver it complete in every respect
within specified time.
' B. If, during the course of construction of this project, the Contractor discovers errors,
inconsistencies or omissions in the Contract Documents, the Contractor will report them
to the Architect who will issue written instructions to the Contractor. If the Contractor
' performs Work knowing there is an error, inconsistency or omission in the Contract
Documents without giving notice to the Architect or receiving written instruction from the
Architect, the Contractor assumes responsibility for the Work and will bear all costs
' associated with the performance or correction of the Work.
1.06 COORDINATION OF WORK
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A. General Contractor to give special attention for coordination of work by various trades to
provide uniform and symmetrical layout and spacing of exposed components which affect '
the finished architectural design and appearance. Where spacing and related locations are
not specifically shown on the drawings, or where in doubt, Contractor's Superintendent
shall consult Architect's Representative prior to installation of that part of the Work.
1.07 PRECONSTRUCTION CONFERENCE
A. Either before or soon after actual award of Contract (but in any event prior to start of
construction), Contractor or his representative shall attend Preconstruction Conference ,
with representatives of Owner and Architect. Conference will serve to acquaint partici-
pants with general plan of contract administration and requirements under which construc-
tion operation is to proceed, and will inform Contractor, in detail, of obligations imposed
on him and his subcontractors.
1.08 LIQUIDATED DAMAGES ,
A. It is understood and mutually agreed, by and between Contractor and Owner, that date of
beginning and time for completion of Work are essential conditions of the contract; and it
is further mutually understood and agreed that Contractor shall commence Work
embraced in this contract on date specified in Written Notice to Proceed and fully
complete Work within 120 consecutive calendar days. Contractor agrees to prosecute
• regularly, diligently, and uninterruptedly said Work at rate of progress as will complete
Work within time specified. It is expressly understood and agreed, by and between
Contractor and Owner, that time for completion of Work described is reasonable time for 1
• completion of same, taking into consideration average climatic range and usual industrial
conditions prevailing in this locality. If Contractor neglects, fails or refuses to complete
work within time specified, or within any proper extension granted by Owner, then
Contractor does hereby agree, as a consideration for awarding of this contract, to pay
• Owner the amount of $50 per day, not as a penalty but as liquidated damages for such
breach of contract as hereinafter set forth, for each and every calendar day that Contractor
is in default after time stipulated in contract for completing Work. Said amount is fixed
and agreed upon by and between Contractor and Owner because of damages Owner
would in such event sustain, and said amount is agreed to be the amount of damages
which Owner would sustain.
1.09 CONSTRUCTION DRAWINGS AND SPECIFICATIONS
A. Architect to furnish 12 sets of contract drawings and specifications, without cost, to
General Contractor for use in constructing Work. General Contractor to supply all
contract drawings and specifications to his subcontractors or material suppliers.
Additional sets or portions of contract drawings and specifications, beyond sets furnished
by Architect, requested by General Contractor, will be furnished for actual cost of printing
at General Contractor's expense.
B. Contract Documents (including all drawings, specifications, addenda and supplemental
information) will not be made available on computer disk or on reproducible sepia to ,
Bidders or Sub -bidders before the award of a Contract nor will they be made available to
97017- Walker Park Parking Lot 01100-2 ,
the Contractor or Sub -contractors after the award of a Contract. Only conventional, paper
I reproductions of such information will be made available to parties listed above. Conven-
tional reproductions of Contract Documents may be obtained by means described in
Document 00100 or as directed by Architect.
1.10 WAGE RATES
IA. The Contractor agrees to pay all prevailing hourly wage rates prescrobed and mandated by
the Arkansas Department of Labor pursuant to ACA 22-9-301 et. seq.. The prevailing
wage determination where applicable to this project and as established for the project by
the Arkansas Commissioner of Labor is bound herein following this section.
B. The contractor and each subcontractor, and the officer of the public body in charge of the
I project (the Owner's representative), shall keep an accurate record showing names,
occupations, and hours worked of all workers employed by them, in connection with the
Ipublic works, and showing the actual wages paid to each of the workers.
1.11 DEFINITION
IA. The word "Provide", as used throughout these specifications, means furnish and install.
1.12 REFERENCE STANDARDS
A. Except as otherwise noted, references throughout Project Manual to Codes, Federal
Specifications, ASTM Standards, Association or Industry Specifications and other
• published standards, are to latest edition or publication of such standards.
1.13 PERMITS
A. Utilizing the contract documents (Project Manual and Drawings) prepared by the
Architect and his Consultants, along with information provided by the Owner or his
Consultants, the Contractor is responsible for securing permits required to successfully
complete the project. This responsibility includes payment for the permit and coordination
of all submittals.
B. Storm Water Discharge Permit: Contractor shall be responsible for obtaining this permit
I from Arkansas Department of Pollution Control and Ecology for construction sites where
5 acres or more are disturbed, and meet all other storm water regulations. Contractor shall
keep a copy of his Storm Water Discharge Permit on the jobsite at all times.
1.14 INFORMATIONAL DRAWINGS
A. Drawings bound into working drawing set and labeled as informational drawings are not
part of the Contract Documents. Information on these drawings is for reference and
coordination only and is not a representation or warranty of existing or proposed
conditions. The Architect and Owner are not responsible for interpretations or
conclusions made by the Contractor based on these drawings.
I1.15 EXCAVATION SAFETY PROCEDURES
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A. In accordance with Act 291 of 1993 of the Arkansas State Legislature, the Contractor
shall include a separate pay item for trench or excavation safety systems for any trench or
excavation which equals or exceeds five (5) feet in depth and this pay item shall be a part
of the base bid.
B. The Occupational Safety and Health Administration (OSHA) Standard for Excavation and
Trenches Safety System, 29 CFR 1926, Subpart P is hereby incorporated into this Project
Manual by reference. A copy of this document is available for inspection at the office of
the Architect during regular business hours.
1.16 MINORITY PARTICIPATION
A. The Owner encourages minority Prime Bidders. Prime bidders are encouraged to seek
minority participation in the construction of this project. Each prime bidder shall solicit
sub -bids from qualified minority subcontractors and minority material suppliers. In this
regard,. each prime bidder shall further be required to demonstrate proof of the solicitation
efforts by recording such solicitation(s) and reasons for selection and submit such proof in
a sealed envelop attached to the bid. Failure to provide written proof of solicitation with
the bid shall be considered "non -responsive" and cause for rejection of the bid.
PART 2 - PRODUCTS (Not Applicable)
PART 3- EXECUTION (Not Applicable)
END OF SECTION 01100
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97017- Walker Park Parking Lot 01100-4 '
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' Mike Huckabee
Governor
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Lori Top
Wittenberg, Delony & Davidson
100 W. Center, Suite 102
Fayetteville, AR 72701
Re: Walker Park Parking Lot
Fayetteville, Arkansas
Washington County
Dear Ms. Top:
STATE OF ARKANSAS
ARKANSAS DEPARTMENT OF LABOR
10421 WEST MARKHAM • LITTLE ROCK, ARKANSAS 72205-2190
(501) 682-4500 • FAX: (501) 682-4535 • TDD: (800) 285-1131
April21, 1998
James L. Salkeld
Director
In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 97-362
establishing the minimum wage rates to be paid on the above -referenced project. These rates were
established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-315 and
the administrative regulations promulgated thereunder.
If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include
minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department
of Labor Ark. Code Ann.§§22-9-308(b)(2). Also, the public body awarding the contract shall cause to be
inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall
be paid to all workers performing work under the contract. Ark. Code Ann. §22-9-308(c).
Additionally, the scale of wages shall be posted by the contractor in a prominent and easily
accessible place at the work site. Ark. Code Ann. §22-9-309(a).
Also enclosed is a "Statement of Intent to Pay Prevailing Wages" form that should be put in
your specifications along with the wage determination. The General\Prime Contractor is responsible for
getting this form filled out and returned to this office within 30 days of the Notice to Proceed for this
project.
If you have any questions, please call me at (501) 682-4599.
Sincerely,
Karen Robertson
Prevailing Wage Investigator
enclosure
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Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR
PREVAILING WAGE DETERMINATION - HEAVY RATE
DATE: April 21, 1998 DETERMINATION #: 97-362
PROJECT: Walker Park Parking Lot COUNTY: Washington
Fayetteville, Arkansas EXPIRATION DATE: 10-21-98
SURVEY #: 797-AH05
BASIC
HOURLY FRINGE
CLASSIFICATION RATE BENEFITS
Bricklayer/Pointer, Cleaner, Caulker 7.75
Carpenter 10.35 1.90
Concrete Finisher/Cement Mason 9.40 .72
Electrician/Alarm Installer 12.00 .46
Ironworker 15.50 5.87
Laborer 7.75
Pipelayer 8.90
Truck Driver 9.20 '
Power Equipment Operators:
Bulldozer 12.55
Backhoe, Rubber tired 1 yd. or less 9.70 1.65
Crane, Derrick, Dragline,
Shovel & Backhoe, 1-1/2 yds. or less 11.90
Crane, Derrick, Dragline,
Shovel & Backhoe, over 1-1/2 yds. 14.00
Front End Loader' 11.85
Mechanic 14.70
Motor Patrol, Finish 13.05
Motor Patrol, Rough 9.00 .17
Roller 8.05
Scraper, Rough 11.25
Welders --receive rate prescribed for craft performing operation ,
to which welding is incidental.
Certified July 1, 1997
CLASSIFICATIONS THAT ARE NOT LISTED, BUT THAT ARE GOING TO BE
WORKING ON THIS PROJECT, SHOULD BE REQUESTED FROM THE ARKANSAS
DEPARTMENT OF LABOR, PREVAILING WAGE DIVISION. THESE WRITTEN
REQUESTS SHOULD BE MADE AS SOON AS YOU NOTICE THAT A REQUIRED
CLASSIFICATION IS MISSING, NORMALLY THIS WOULD BE DURING THE BID
PROCESS. ,
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SECTION 01210
' ALLOWANCES
PART 1- GENERAL
1.01 DESCRIPTION OF REQUIREMENTS
IA. Definitions and Explanations: Requirements of work related to each allowance are shown
and specified in contract documents. The allowance has been established in lieu of
additional requirements for that work, and further requirements thereof will be issued at a
later time.
' B. Cash allowances stipulated in specifications for this project shall not be a made part of any
subcontract agreement by Contractor until materials, work and/or services stipulated have
been selected by Owner or Architect. For allowances for materials and installation under a
subcontract, Architect will issue supplemental specifications to Contractor to receive
subcontract bids for work under the allowance.
IC. General Contractor is to carry any contract amount for overhead and profit in the projects
overall bid, not in the allowance pricing. Allowance amounts will be used to cover
subcontractor amounts, materials and labor only. In the event the allowance or portions
of the allowance, are not used the contractor will return the allowance amount, and the
additional overhead and profit amounts as outlined in the general/supplemental conditions
to the owner.
' 1.02 SCHEDULE OF ALLOWANCES
Section Amount
' A. Landscaping 02900 $7,500.00
' 1. Shaping, placement and materials for top soil is not part of the landscape
allowance and is considered to be in the base bid amount.
PART 2- PRODUCTS (Not Applicable).
PART 3- EXECUTION (Not Applicable)
END OF SECTION 01210
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SECTION 01230
ALTERNATES
PART 1 -GENERAL
1.01 DESCRIPTION OF REQUIREMENTS
A. Type of Alternates: The alternates for this project are deductive type. The work
described under the alternates shall be included in the Contractor's base bid and indicated
as set forth on the Bid Form.
' B. Definition: An alternate is an amount proposed by the Contractor and stated in the
proposal to the Owner that will be deducted from the base bid amount if the Owner
' decides to accept the corresponding change in either scope of work or in products,
materials, equipment, systems or installation methods described in Contract Documents.
C. Coordination: Coordinate related work and modify or adjust adjacent work as required to
ensure that work affected by each alternate is complete and fully integrated into the
project.
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D. Include as part of each alternate, miscellaneous devices, appurtenances and similar items
incidental to or required for a complete installation whether or not mentioned as part of
the alternate.
1.02 DESCRIPTION OF DEDUCTIVE ALTERNATES
Deductive Alternate No.1: Delete five(5) "Antique " light fixtures at west and south edges and provide
and addition pole light at front plaza change finish to standard on all poles. Verify location with
Architect.
Deductive Alternate No.2: Delete two(2) rail wooden fence post along north and east side of site as
shown on drawings.
PART 2- PRODUCTS (Not Applicable)
PART 3- EXECUTION (Not Applicable)
END OF SECTION 01230
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SECTION 01300
ISUBMITTALS AND SUBSTITUTIONS
PART 1- GENERAL
1.01 DESCRIPTION
A. Make submittals required by Contract Documents; revise and resubmit as necessary to
establish compliance with specified requirements. Submittals which are received from
sources other than through the General Contractor's office will be returned by the
Architect without action. Submit at least one original of manufacturer's product literature.
The remainder of the number of copies required for submittal may be reproductions of
' manufacturer's literature. FAX submittals. poor quality reproductions or illegible
submittals will not be accepted.
' B. Contractor's submittal of (and Architect's acceptance of) shop drawings, product data or
samples which relate to work not complying with requirements of Contract Documents,
does not constitute an acceptable or valid request for a substitution, nor approval thereof
' 1.02 RELATED WORK SPECIFIED IN OTHER SECTIONS
IA. Detailed individual requirements for submittals are described in pertinent Sections of these
Specifications.
' 1.03 QUALITY ASSURANCE
A. Coordination of Submittals: Prior to each submittal, carefully review and coordinate all
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aspects of each item being submitted. By affixing Contractor's approval stamp to each
submittal, certify that coordination has been performed.
B. Verify that each item and submittal for it conform in all respects with specified
requirements.
1.04 TIMING OF SUBMITTALS
IA. General: Make submittals far enough in advance of scheduled dates of installation to
provide required time for reviews, securing necessary approvals, possible revision and
resubmittal, placing orders and securing delivery.
B. Owner will not bear costs of delays due to late submittals.
' 1.05 COORDINATION AND SEQUENCING
A. Coordinate preparation and processing of submittals with performance of work so that
work will not be delayed by submittals.
B. Coordinate and sequence different categories of submittals for same work, and for
' interfacing units of work, so that one will not be delayed for coordination of Architect's
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review with another.
1.06 COPIES
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A Except as otherwise specified, or requested by Architect, submit 5 copies of items
specified in Part 2 of this section.
PART 2- PRODUCTS
2.01 PROGRESS SCHEDULE
A. Within 7 days after Notice to Proceed, submit to Architect a bar -chart type progress
schedule indicating time bar for each trade or operation of work to be performed. Time
bar shall demonstrate planned work, properly sequenced and intermeshed, for expeditious
completion of Work. Identify phases if required.
B. Distribute progress schedule including all updates to Architect, Owner, subcontractor,
suppliers, fabricators, and others with need -to -know schedule compliance requirements.
Post copy in field office.
2.02 SCHEDULE OF VALUES
A. Immediately after execution of the Contract Documents, Contractor shall submit for
approval a Schedule of. Values totaling the amount of the Contract. A sample form can be
fu nished by the Architect upon request.
2.03 . APPLICATION AND CERTIFICATE FOR PAYMENT
A Submit application for payment on standard AIA Forms G702-1992 and G703-1992 (or
computer equivalent). Tender original and five copies to Architect for approval and
distribution.
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2.04 SUBSTITUTION REQUESTS
A .Products specified herein establish a quality standard for comparison by manufacturers of
similar products. Products of other manufacturers may be substituted for those specified
herein on an "Approved Equal" basis. DO NO propose the substitution of products that
do not meet or exceed the quality standards established by the specified product. Products
proposed as equivalent MUST be submitted through the General Contractor for review by
the Architect after the Contract for Construction is awarded. DO NOT request approval
of products prior to the awarding of the contract..
B. Supporting technical data, samples, published specifications and the like must be submitted
for comparison.
C. Contractor shall warrant that proposed substitutions, if accepted, will provide performance
equivalent to the materials specified herein. Should a substitution be accepted and should
the substitute material prove defective or otherwise unsatisfactory for the service intended
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and within the guaranty period, the Contractor shall replace this material or equipment
with the material or equipment specified.
D. Submit request for substitutions in writing. Do not incorporate substitutions into Shop
Drawings until they have been reviewed by the Architect and written permission has been
issued to make the proposed substitution a part of the contract.
E. If any substitution will affect a correlated function, adjacent construction, or work of other
trades or contractors, the necessary changes and modifications to affected work will be
considered as part of substitution, to be accomplished without additional cost to Owner, if
and when accepted.
F. Under no circumstances shall Architect's acceptance of any such substitution relieve
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Contractor from timely, full and proper performance of Work.
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G. Submit 3 copies of substitution request, fully identified for product or method being
replaced by substitution, including related specification section and drawing number(s),
and fully documented to show compliance with requirements for substitutions. Include
product data/drawings, description of methods, samples where applicable, Contractor's
detailed comparison of significant qualities between specified item and proposed
substitution, statement of effect on construction time and coordination with other affected
work, cost information or proposal, and Contractor's statement to the effect that proposed
substitutions will result in overall work equal -to -or -better -than work originally indicated.
H. Contractor's request for substitution will be received and considered when extensive
revisions to contract documents are not required and changes are in keeping with general
intent of Contract Documents; when timely, fully documented and properly submitted; and
when one or more of following conditions is satisfied, all as judged by Architect/Engineer.
Otherwise, requests will be returned without action except to record non-compliance with
these requirements.
1. Where request is directly related to an "or equal" clause or other language of same
effect in Contract Documents.
2. Where required product, material or method cannot be provided within Contract
Time, but not as a result of Contractor's failure to pursue the Work promptly or to
coordinate various activities properly.
3. Where required product, material or method cannot be provided in a manner which
is compatible with other materials of the Work, or cannot be properly coordinated
therewith, or cannot be warranted as required, or cannot be used without adversely
affecting Owner's insurance coverage on completed work, or will encounter other
substantial non -compliances which are not possible to otherwise overcome except
by making requested substitution, which Contractor thereby certified to overcome
such non -compatibility, non -coordination, non -warranty, non -insurability or other
non-compliance as claimed.
4. Where required product, material or method cannot receive required approval by a
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governing authority, and requested substitution can be so approved.
2.05
5. Where substantial advantage is offered Owner, in terms of cost, time, energy
conservation or other valuable considerations, after deducting offsetting
responsibilities Owner may be required to bear increased cost of other work by
Owner or separate contractors, and similar considerations.
Work -Related Submittals: Contractor's submittal of (and Architect's/Engineer's
acceptance of) shop drawings, product data or samples which relate to work not
complying with requirements of Contract Documents, does not constitute an acceptable or
valid request for a substitution, nor approval thereof
CHANGE ORDERS
A. Use AIA forms for submitting Change Order proposals.
2.06 REQUEST FOR SUPPLEMENTARY INFORMATION
A. Make timely requests of Architect for additional information required in planning and
production of Work.
B. File requests in ample time to permit appropriate action by all parties involved and avoid
delay in performance of Work.
C. Owner will not bear costs for delays due to Contractor's failure to request information in a
timely manner.
2.07 SHOP DRAWINGS
A. Provide newly -prepared information, on reproducible sheets, with graphic information at
accurate scale (except as otherwise indicated), with name of preparer indicated (firm
name). Do not duplicate and sub it Architect's construction drawings as shop dtawings.
Show dimensions and notes which are based on field measurement. Identify materials and
products in work shown. Indicate compliance with standards, and special coordination
requirements.
B. Shop drawings must bear Contractor's approval stamp.
C. Submittals are reviewed by the Architect for design intent only. The Contractor is
responsible for verification of dimensional requirements, compliance with contract
documents and local codes, quantities and coordination of all affected trades.
D. Under no circumstances shall Architect's acceptance of shop drawings or submittals
relieve Contractor from timely, fill and proper performance of Work.
2.08 PRODUCT DATA
A. Collect required data into one submittal for each unit of work or system; mark each copy
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to show which choices and options are applicable to project AND WHICH ARE
AVAILABLE FOR SELECTION BY THE ARCHITECT WITHOUT ADDITIONAL
COST. NO PAYMENT WILL BE MADE FOR ADDITIONAL COST OF ANY
CHOICES OR OPTIONS SUBMITTED BY THE CONTRACTOR FOR SELECTION
' BY THE ARCHITECT AND NOT CLEARLY SHOWN AS NOT AVAILABLE
WITHIN THE CONTRACT.
' B. Include manufacturer's standard printed recommendations for application and use,
compliance with standards, application of labels and seals, notation of field measurements
' which have been checked, and special coordination requirements.
C. Maintain one set of product data (for each submittal) at project site, available for reference
' by Architect and others.
D. Do not submit product data until compliance with requirements of contract documents has
' been confirmed by Contractor.
E. Copies:
' 1. Submit 5 copies of product data for Architect's review for items specified in
various specification sections.
2. Five copies required for mechanical and electrical data.
F. Installer's Copy: Do not proceed with installation of materials, products or systems until
final copy of applicable product data is in possession of installer.
1 2.09 SAMPLES
A. Unless precise color and pattern is specified in Contract Documents, submit accurate color
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and pattern charts to Architect for selection. Refer to pertinent sections of specifications
for detailed submittal requirements. Provide units identical with final condition of pro-
, posed materials or products for the work. Include "range" samples (not less than 3 units)
where unavoidable variations must be expected, and describe or identify variations
between units of each set.
' B. Make all submissions affecting color selection within sufficient time to allow selection
without causing delay in Work.
C. Provide full set of optional samples where Architect's selection is required. DO NOT
INCLUDE OPTIONS REQUIRING ADDITIONAL COST
' D. Samples are submitted for review and confirmation of color, pattern, texture and "kind" by
Architect. Architect will not "test" samples (except as otherwise indicated) for compliance
' with other requirements, which are therefore the exclusive responsibility of Contractor.
E. Submit 3 sets of samples in final submittal.
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1. Furnish two sets to Architect and assemble one set on site. When all samples are
on site, Owner and Architect are to review. Contractor shall provide job samples
indicating finished color selections for any and all items requiring finish color for
project.
2. Quality Control Set: Maintain returned final set of samples at project site, in
suitable condition and available for quality control comparisons by Architect and
Owner. Written approval from Owner is required before the work is begun for any
finish requiring color review.
F. Reusable Samples: Returned samples which are intended or permitted to be incorporated I
in Work are so indicated in individual work sections, and must be in undamaged condition
at time of use.
2.10 WARRANTIES -
A. Refer to specific sections of Project Manual for general requirements on warranties,
product/workmanship bonds, and maintenance agreements. Furnish 2 copies for review
by Architect. '
2.11 CLOSEOUT SUBMITTALS .
A Upon completion of Work and prior to'final payment, the following items must be
submitted to Architect in a three ring binder; tabbed in according to the CSI ;
Masterformat with a Table of Contents:
1. Subcontractors: Listing of all subcontractor for project, including portions of
Work done, address and telephone number of firm, and contact at firm familiar
with project.
2. Guarantees and Warranties: Two fully executed copies of each guarantee and
warranty specified.
3. Certificates: One fully executed copy of each certificate specified. '
4. Instructions: One operating, service, and maintenance manual or instruction sheet
for each item as requested by specifications and required for Owner's use.
5. Shop Drawings: A complete file of final copies of all shop drawings used in
construction of project.
B. Project Record Documents:
1. The Contractor shall provide the Architect with one reproducible set of accurate ,
project record documents prior to final payment.
2. For this purpose, the Architect will furnish one set of reproducible drawings to the
Contractor, upon which the Contractor shall record all changes from installations
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3.01 SUBMITTAL PREPARATION
A. Permanently mark each submittal to identify project, date, Contractor, subcontractor,
submittal name and similar information to distinguish it from other submittals. Show
Contractor's executed review and approval marking.
' B. Indicate project, date, "To:"; "Front"; names of subcontractors, suppliers, manufacturers,
required references, category and type of submittal, purpose, description, distribution
record and signature of transmitter.
C. Indicate drawing number and specifications section number to which submittal applies.
3.02 ARCHITECTS ACTION ON SUBMITTALS
A. Architect will respond to submittals from Contractor by completing the "LETTER OF
TRANSMITTAL" form.
B. Architect's Submittal Review: Submittal review does not relieve Contractor(s) of
' compliance with Contract Documents or local codes. Review is only for conformance
with the design intent of the Project and compliance with information given in the
Contract Documents. The contractor is responsible to coordinate and to confirm all
dimensions for use at the site. The contractor is responsible for coordination of the work
of all trades.
C. Architect's Action: Where action and return is required or requested, Architect will
review each submittal and mark per the following, and where possible return within fifteen
(15) working days of receipt. When a submittal must be coordinated with submittals of
other trades, Contractor is responsible for gathering all information and forwarding to
Architect as a single submittal
D. Architect's Response:
• 1. Final Unrestricted Release: Work may proceed, provided it complies with
notations and corrections on submittal and with Contract Documents, when
submittal is returned with the following: Marking: "Reviewed".
2. Final -But -Restricted Release: Work may proceed, provided it complies with
notations and corrections on submittal and with Contract Documents, when
submittal is returned with the following: Marking: "Reviewed and Noted".
3. Returned for Resubmittal: Do not proceed with work. Revise submittal in
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accordance with notations thereon, and resubmit without delay to obtain a
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different action marking. -Do not allow submittals with the following marking (or
unmarked submittals where a marking is required) to be used in connection with
performance of the Work: Marking: "Revise and Resubmit".
Other Action: Where submittal is returned for other reasons, with Architect
explanation included, it will not be marked or marked "Revise and Resubmit".
END OF SECTION 01300
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SECTION 01450
ITESTING LABORATORY SERVICES
PART 1 -GENERAL
1.01 SUMMARY
A. Section Includes: Testing laboratory services and inspection services.
B. Contractor to include, in Base Bid, cost of all field and laboratory testing which is required
by various sections of Technical Divisions of these specifications. This will include, but is
in no way limited to the following tests:
1. Soil Compaction
2. Soil Bearing
3. Parking Lots:
a. Subgrade Densities
b. Base Course Densities
c. Asphalt Densities
d. Core Samples to Determine Asphalt Thickness
4. Concrete:
a. Making Test Cylinders
b. Compression Tests
5. Other tests required by Specification Sections
• 1.02 QUALIFICATIONS OF LABORATORIES
' A. Meet "Recommended Requirements for Independent Laboratory Qualification", published
by American Council of Independent Laboratories.
B. Meet basic requirements of ASTM E329, "Standards of Recommended Practice for
Inspection and Testing Agencies for Concrete and Steel as used in Construction".
C. Authorized to operate in state where project is located.
D. Testing equipment must be calibrated at reasonable intervals by devices of accuracy,
traceable to either National Bureau of Standards or accepted values of national physical
constants.
1.03 LABORATORIES DUTIES
A. Perform specified inspections, sampling and testing of materials and methods of
construction. Comply with specified standards. Ascertain compliance of materials with
requirements of projects.
B. Promptly notify Architect and Contractor of observed irregularities or deficiencies of work
or products.
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C. Promptly submit written report of each test and inspection; two copies to Architect and
one copy to Contractor for record document files. Each report shall include the following:
1. Date issued
2. Project title and number I
3. Testing laboratory name, address and telephone number
4. Name and signature of laboratory inspector
5. Date and time of sampling or inspection
6. Record of temperature and weather conditions
7. Date of test
8. Identification of product
9. Location of sample or test in project
10. Type of inspection or test
11. Results of tests and compliance with contract documents
12. Interpretation of test results, when requested by Contracting Officer
1.04 LIMITATIONS OF AUTHORITY OF TESTING LABORATORIES ,,
A. Laboratories shall not be authorized to release, revoke, alter or enlarge on requirements of
contract documents; approve or accept any portion of work or perform any duties of
Contractor or Architect.
1.05 CONTRACTOR'S RESPONSIBILITIES
A. Provide, coordinate and document all testing services required.
B. Cooperate with laboratory personnel, provide access to work and operations.
C. Secure and deliver to laboratory adequate quantities of representational samples of
materials proposed to be used which require testing. a
D. Provide laboratory with preliminary design mix proposed to be used for concrete and
other materials mixes which require control by testing laboratory.
E. Furnish copies of manufacturer's test reports of products as required.
F. Furnish incidental labor and facilities as follows:
1. To provide access to work to be tested.
2. To obtain and handle samples at project site or at source of product to be tested.
PART 2- PRODUCTS (Not Applicable)
PART 3- EXECUTION
3.01 REPAIR AND PROTECTION
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A. Upon completion of inspection, testing, sample taking and similar services performed on
the work, repair damaged work and restore substrates and finishes to eliminate
deficiencies, including deficiencies in the visual qualities of exposed finishes. Protect work
exposed by or for testing activities and protect repaired work.
END OF SECTION 01450
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DIVISION 2
SITE CONSTRUCTION
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SECTION 02200
DEMOLITION AND SITE PREPARATION
PARTI- GENERAL
' 1.01 DESCRIPTION
1 A. Work Included: Site preparation includes, but is not necessarily limited to:
1. Temporary fencing and protective barricades.
2. Protection of trees and shrubs to remain.
3. Felling of trees removed, removal of stumps, roots and debris from Work.
4. Removal of obstructions which interfere with Work.
5. Stripping of topsoil and vegetation from earth areas of site.
6. Removal of concrete and removal of asphaltic concrete pavement.
' 7. Abandonment and capping wells or cisterns.
8. Protection of active utilities and removal of utilities abandoned.
B. Specific site work included:
I. At the preservation areas -Protect all areas shown in tree preservation area to
natural conditions. Miantain area without change or damage to existing conditions
throughout the construction.
' 2. At other site area- trees shown are to remain- protect as described in 3.05. Strip
existing vegitation from all areas, fine grade and provide seeding per specifications
' section 02932.
C. Related Work Described Elsewhere:
' 1. Earthwork: Section 02300
1.02 QUALITY ASSURANCE
A. Workmen Qualifications: One person present during tree clearing and grubbing
' operations, thoroughly familiar with types of trees involved. Direct trimming of roots and
limbs where required.
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B. Codes and Standards: Comply with pertinent codes and regulations, plus requirements of
insurance carriers providing coverage for Work.
' 1.03 JOB CONDITIONS
A. Dust Control: Prevent spread of dust during performance of Work. Thoroughly moisten
surfaces required to prevent dust nuisance to public, neighbors, and concurrent
performance of other work on site.
B. On -site Burning: Will not be permitted.
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C. Protection: Protect existing objects not to be removed. In event of damage, immediately
make repairs and replacements necessary to approval of Architect at Contractor's expense.
PART 2- PRODUCTS
2.01 BARRICADES AND FENCE MATERIALS
A. Materials required for barricades, tree protection and related fencing furnished by
Contractor.
B. Contractor to provide tree preservation fencing and seperation from work areas as
Required by the City of Fayetteville.
2.02 FILL MATERIAL
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A. Refer to Section 02300..
PART 3- EXECUTION
3.01 PREPARATION
A. Notification: Notify Architect at least two full working days prior to commencing work.
B. Site Inspection:
1. Prior to work of this Section, carefully inspect entire site and objects designated to
be removed or preserved.
2. Locate existing utility lines to be abandoned and determine requirements for
disconnecting and capping.
3. Locate existing active utility fines which are to remain and determine requirements
for their protection.
C. Clarification:
1. Drawings do not purport to show all objects existing on site.
2. Before commencing work of this Section, verify with Architect all objects to be
removed and all objects to be preserved..
D. Scheduling:
1. Schedule work in a careful manner with necessary consideration for neighbors and
public.
2. Avoid interference with use of, and passage to and from, adjacent buildings and
facilities.
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3.02 DISCONNECTION OF UTILITIES
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A. Before commencing demolition or removal, and if not already accomplished, disconnect or
arrange for disconnection of utility service connections, including water, gas, electricity,
and telephone, to buildings to be demolished complying with regulations of utility
concerned. Plug sanitary sewer lines in accordance with local requirements. Conduct
operations at Contractor's expense and in manner to preserve service to areas and
structures not demolished. If underground utility services disconnections are required in
public thorough -fares, comply with removal and restoration of pavement requirements and
other pertinent matters.
B. Preserve in operating condition active utilities bordering or traversing site designated to
remain. Protect property, including, but not limited to, valve boxes, poles, guys and
related appurtenances. Repair damage to active utility, due to work under contract, to
satisfaction of utility concerned. Remove utility lines that are to be abandoned from
building area.
3.03 STRIPPING TOPSOIL
A. Remove existing grass and overburden before excavating topsoil.
B. Prior to beginning excavation or fill, strip the topsoil to a depth of at least 6 inches or to a
depth sufficient to remove all organic material and stockpile for future use.
C. In general, remove topsoil where structures are to be built, trenches dug and roads,
parking lots, walks and similar improvements constructed within the areas presently
covered with topsoil.
D. Store topsoil clear of the construction area.
IE. Take reasonable care to prevent the topsoil from becoming mixed with subsoil or eroding.
' 3.04 PROTECTION
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A. Erect temporary barricades and fencing required for preparation and construction
operation.
3.05 PROTECTION OF TREES TO REMAIN
A. At trees to remain, construct temporary barricade around tree at tree's approximate drip
line. Provide barricades at least 3 feet high, consisting of 2 inch by 4 inch or larger posts
set at least 18 inches into ground, no more than 6 feet on centers, joined at top by 1 inch
by 6 inch or larger boards firmly nailed to posts. Provide orange construction fencing
between posts.
B. Trimming of Trees: In company with Architect, ascertain limbs and roots which are to be
trimmed and clearly mark them to designate approved cutting point. Cut evenly, using
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• proper tools and skilled workmen to achieve neat severance with least possible damage to
tree. Promptly coat cut area with approved pruning paint complying with manufacturer's•
recommendations. In case of root cuts, apply wet burlap or related protection approved
by Architect, to prevent drying out.
3.06 TREE/BRUSH REMOVAL
A. Remove trees, brush and vegetation except trees which are to remain, from Project site. ,
Material resulting from clearing becomes property of Contractor, to dispose of by him.
B. Wet down areas where required during site clearing to prevent spread of dust. ,
C. Blasting on Project site is not allowed as a means of tree removal.
3.07 STUMPS AND ROOTS
A. Remove completely stumps and roots from areas within parking area and all paved areas. '
Remove remaining stumps and roots to clear depth of not less than 2 feet below subgrade
level. Material resulting from grubbing becomes property of Contractor; to dispose of by
him. Burn no material on premises.
3.08 OBSTRUCTIONS ,
A. Remove existing obstructions from area to be occupied by Work under this Contract
unless otherwise specified herein, or specifically directed by Architect to remain. I
3.09. PARKING METERS AND SIGNS
A. Arrange with municipal authorities for temporary removal and resetting of parking meters
and signs. Pay all costs in connection therewith.
3.10 REMOVAL OF DEBRIS AND CLEANING
A. Remove and legally dispose of rubbish and debris found on demolition area at start of the ,
Work that resulting from demolition activities or deposited on site by others during the
duration of contract. Keep project area and public right-of-way reasonably clear at all
times. Upon completion of work remove temporary construction, equipment, salvaged
materials, trash and debris leaving entire project area in neat condition.
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END OF SECTION 02200
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97017 -Walker Park Parking Lot 02200-4 1
' SECTION 02300
' EARTHWORK
PART 1- GENERAL
1.01 DESCRIPTION
A. Work Included: Earthwork for this project includes but is not necessarily limited to:
' 1
3
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Layout of site improvements.
Excavating for foundations and other below grade work
Filling and backfilling.
Rough and finish grading of the site.
Granular drainage fill.
' B. Related Work Described Elsewhere:
1. Section 02200 - Demolition and Site Preparation
' 2. Section 02740 - Asphaltic Concrete Paving
3. Section 02750 - Portland Cement Concrete Paving
' 1.02 SUMMARY
A. Perform excavation regardless of type, nature or condition of materials encountered.
B. All excavation under this Section is unclassified and no allowances will be made for nature
of material encountered. Contractor shall make soil investigations as he considers
necessary for his own determination of types of materials existing at the site. Refer to
Section 00320 for information concerning Geotechnical Investigation.
' C. There will be no extra compensation for dewatering.
1.03 JOB CONDITIONS
A. Dust Control: Control dust on and near the Work if dust is caused by Contractor's
' operations during performance of the Work or if resulting from condition in which
Contractor leaves the site.
' 1.04 REFERENCES
A. Arkansas State Highway and Transportation Department, Standard Specifications for
' Highway Construction, 1993.
1. AHTD Section 303 - Aggregate Base Course.
B. American Society for Testing and Materials, 1916 Race St. Philadelphia, PA 19103.
1. ASTM D698 - Test for Moisture -Density Relations of Soils and Soil -Aggregate
97017- Walker Park Parking Lot 02300-1
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Mixtures, Using 5.5 lb. Rammer and 12 in. Drop.
2. ASTM Dl 556 - Test Method for Density of Soil in Place by the Sand -Cone
Method.
3. ASTM D1557 - Test Methods for Moisture -Density Relations of Soils and Soil -
Aggregate Mixtures, Using 10 lb. Rammer and 18 in. Drop. I
4. ASTM D2216 - Method for Laboratory Determination of Water (Moisture)
Content of Soil, Rock and Soil -Aggregate Mixtures. '
5. ASTM D2922 - Test Methods for Density of Soil and Soil -Aggregate in Place by
Nuclear Methods (Shallow Depth).
6. ASTM D3017 - Test Method for Moisture Content of Soil and Soil -Aggregate in '
Place by Nuclear Methods (Shallow Depth).
1.05 DEFINITIONS
A. Relative Compaction: The ratio, in percent, of the as -compacted field dry density to the
laboratory maximum dry density as determined by the Standard Proctor Test, ASTM
D698, or as determined by the Modified Proctor Test, ASTM D1557, as applicable.
Corrections for oversize material may be applied to either the as -compacted field dry
density or the maximum dry density, as determined by the Architect.
B. Optimum Moisture Content: Moisture content of the material for which the maximum dry
density is obtained as determined by ASTM D698 or D1557. Field moisture contents shall
be determined on the basis of the fraction passing the 3/4" sieve.
C. Completed Course: A course or layer that is ready for the next layer or the next phase of '
construction.
1.06 SUBMITTALS '
A. Provide the following:
1. Samples of all imported material.
2. Samples of all on -site material to be used as fill. '
3. Certification that imported materials conform to the specification requirements
along with copies of the test results from a qualified commercial testing laboratory.
4. Proctor curves on fill material as prepared by approved laboratory. '
B. All fill material requires approval prior to placement.
1
PART2-PRODUCTS
2.01 FILL ,
A. Free from roots, organic matter, trash and debris with maximum particle size of 1-1/2 '
inches.
B. Imported fill is to consist of clayey sand (SC), sandy clay (CL) or clayey gravel (GC). '
97017- Walker Park Parking Lot 02300-2 '
C. Alternate materials having a liquid limit not greater than 45 and approved by the Architect.
D. It is intended that fill be obtained from the site to the maximum extent possible.
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2.02 IMPORTED GRANULAR FILL
A. Imported granular fill is to consist of a natural or artificial mixture of gravel and soil
mortar, uniformly well graded from coarse to fine.
B. Conform to the AHTD Section 303 classifications for Class 3, Class 4 or Class 7 as
required by existing soil conditions.
2.03 UNDERSLAB DRAINAGE FILL
A. Crushed stone or washed gravel, uniformly graded from 3/4" minimum size to 1-1/2"
maximum size.
2.04 CRUSHED SYENITE FILL
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Fill and Backfill Inside Building Walls: Crushed syenite, similar to Donna -Fill. Deliver to
job in moist condition. Settle in place by completely immersing under water for optimum
compaction. Keep water level above syenite at all times during placing.
2.05 TOPSOIL
A. Selected
topsoil from
the site,
properly stored and
protected, free from roots, sticks, hard
clay and
stones which
will not
pass through a 2 in.
square opening.
B. Provide imported topsoil of equal quality if required to accomplish the work.
Natural, fertile, friable soil, possessing characteristics of representative productive
soils in the vicinity. Obtain from naturally well -drained areas, without admixture
of subsoil and free from Johnson grass (sorgam halepense), nut grass (cyprus
rotundus), and objectionable weeds and toxic substances. Topsoil furnished shall
be free from trash, brush, and stones over 1 inch in diameter, and related extra-
neous material.
2.06 COMPACTION EQUIPMENT
A. Provide compaction equipment of suitable type and adequate to obtain the densities
specified.
B. Operate compaction equipment in strict accordance with the manufacturer's instructions
and recommendations.
C. Maintain equipment in such condition that it will deliver the manufacturer's rated
compactive effort.
1 97017- Walker Park Parking Lot 02300-3
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2.07
D. Hand operated equipment shall be capable of achieving the specified densities.
MOISTURE CONTROL EQUIPMENT
A. Provide equipment for applying water of a type and quality adequate for the work; it shall
not leak and shall be equipped with a distributor bar or other approved device to assure
uniform application.
B. Provide equipment for mixing and drying out material consisting of blades, discs or other
approved equipment.
2.08 WATER REMOVAL EQUIPMENT
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A. Provide and operate equipment adequate to keep excavation and trenches free of water. '
2.09 IMPORTED MATERIAL ACCEPTANCE
A: Additional tests required at the borrow area:
1. Standard Proctor.
2. Atterberg limits.
2.10 SELECTED MATERIAL ACCEPTANCE
A. Provide samples for testing representative of the actual material to be installed in the
work. Take samples from material stockpiled. Depending on the uniformity of the
material, Architect may request additional samples.
B. Forward test results to Architect at least 10 days before the material is required for use. If
tests indicate that the material does not meet specification requirements, the material shall
not be installed in the work.
C. Material which is placed in the work but does not conform to the specification
requirements shall be removed and replaced at the Contractor's expense.
2.11 OTHER MATERIALS
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A. Provide materials, not specifically described but required for proper completion of work of
this Section, selected by Contractor subject to Architect approval. I
PART 3- EXECUTION
3.01 CLEARING AND GRUBBING
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A. Complete clearing and grubbing work as specified in Section 02200 prior to beginning '
work in this section.
3.02 FIELD ENGINEERING
97017- Walker Park Parking Lot 02300-4 '
A. The Contractor will employ and pay a competent, independent, Registered Professional
' Land Surveyor with demonstrated ability to perform the layout work required.
B. The Contractor will be responsible for the Surveyor's work of establishing points, lines,
' elevations and verifying the same, as necessary to complete the work in this project.
C. For use in establishing starting points for layout, existing benchmarks and property comers
' are shown on the Drawings.
D. If site conditions vary from those indicated, the Contractor shall notify the Architect
immediately.
' 3.03 STRUCTURAL EXCAVATION
A. Excavate subsoil required for building foundations, construction operations and other
work. Excavate for structures to the lines and grades shown or as required to accomplish
the construction.
' B. The method of excavation used is optional; however, no equipment shall be operated
within 5 feet of existing structures or newly completed construction.
IC. Excavation that cannot be accomplished without endangering present or new structures
shall be done with hand tools.
D. Machine slope banks to angle of repose or less until shored.
E. Excavate to the depths and widths required.
' F. Do not interfere with normal 45 degree bearing splay of foundations.
G. Allow for forms, working space, granular base and finish topsoil.
H. Do not carry excavation for footings and slabs deeper than the elevation shown. Fill over
'
excavations under footings with concrete of equal strength to that of the footing when
excavations are deeper than the elevation shown.
I. Replace excavation carried below the grade lines shown or established by the Architect
with the same fill Material as specified for the overlying fill or backfill, compact as
' required for such overlying fill or backfill.
J. Where the overlying area is not to receive fill or backfill, replace the over excavated
' material and compact to a density not less than that of the underlying ground.
K. Correct cuts below grade by similarly cutting adjoining areas and creating a smooth
' transition.
L. Hand trim excavation and leave free of loose matter.
' 97017- Walker Park Parking Lot 02300-5
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M. Remove lumped subsoil, boulders and rock.
N. Correct over excavated areas and unauthorized excavation at the Contractor's expense.
O. Fill over excavated areas under structure bearing surfaces in accordance with direction by
Architect.
P. Stockpile excavated material in area designated on site and remove excess subsoil not
being reused from site.
3.05 EXCAVATION SAFETY
A. The Contractor shall be solely responsible for making the excavation in a safe manner.
B. Provide appropriate measures to retain excavation sideslopes to ensure that men working
in or near the excavation are protected.
3.06 DEWATERING EXCAVATION
A. Remove water during periods when concrete is being deposited, pipe is being laid and
• placing of backfill unless water settling is. required and at such other times as required for
efficient and safe execution of the work.
B. Accomplish removal of groundwater in a manner that will preserve the strength of the
foundation soils, will not cause instability of the excavation slopes and will not result in
damage to existing structures.
C. Where necessary to these purposes, lower water level in advance of excavation, utilizing
wells, wellpoints or similar methods.
D. Maintain the water level in the gravel stratum as measured in piezometers, a minimum of 3
feet below the prevailing excavation.
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E. Open pumping, sumps and ditches: If these methods result in boils, loss of fines, softening ,
of the ground or instability of slopes, they will not be permitted. . .
F. Install wells and wellpoints with suitable screens and filters so that continuous pumping of
fines does not occur.
G. Operate well points continuously so as to prevent boils and loss of consolidation.
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H. Arrange discharge to facilitate collection of samples by Architect. ,
I. Avoid settlement or damage to adjacent property.
J. Dispose of water in a manner that will not damage adjacent property, as approved by
Architect.
97017- Walker Park Parking Lot 02300-6
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3.07 UNDERCUTTING
A. Undercut areas on the site that do not meet the permeability requirements to such depth as
to allow placement of sufficient impervious material as determined by permeability testing
at borrow area as stated in Part 2 of this section.
3.08 FOUNDATION SUBGRADE PREPARATION
A. After completion of excavation and prior to foundation or fill construction, proofroll the
excavation surface with a loaded tandem -axle dump truck or similar heavy wheeled vehicle
to detect soft or loose zones.
B. Conduct proofrolling in the presence of Architect.
C. If soft or loose zones are found, excavate the material to a depth accepted by Architect,
then fill and compact as specified for the overlying fills.
D. Prior
to
placement of overlying fill or concrete,
compact the foundation subgrade to at
least
95
percent relative compaction
(Standard
Proctor).
3.09 FILL MATERIAL UNDER STRUCTURES
A. Place granular fill material within the influence area beneath all piping, slabs, walks, curbs,
structures, roads, parking areas, facilities and other areas as shown.
B. Moisten material as required to aid compaction (+ or - 2 percent optimum moisture
content).
' C. Place material in horizontal lifts and in a manner which avoids segregation.
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D. Correct and repair subsequent damage to slabs, piping, concrete structures, facilities or
other structures caused by settlement of fill material.
3.11 FILL AT PAVED AREAS
A. Scarify upper 6" of natural subgrade and recompact to 90 percent of ASTM D1557.
B. Place fill material to the lines and grades shown in maximum 6" loose lifts and compact
each lift to not less than 90 percent of ASTM D1557.
3.12 MOISTURE CONTROL
A. During compacting operations, maintain optimum practicable moisture content required
for compaction purposes in each lift of fill.
' B. Maintain moisture content uniform throughout the lift.
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C. Add water to the material at the site of excavation. Supplement, if required, by sprinkling
' 97017- Walker Park Parking Lot 02300-7
the fill.
D. At the time of compaction, maintain the water content of the material at optimum
moisture content, plus or minus 2 percent, except as otherwise specified for embankments.
E. Do not attempt to compact fill material that contains excessive moisture.
F. Aerate material by blading, discing, harrowing or other methods to hasten the drying ,
process.
3.13 FIELD DENSITY TESTS
A. Test Methods: ASTM D2922, D1556, D2216 and D3017.
B. Cooperate with testing work by leveling small test areas designated by the Architect.
C. Backfill test areas. '
D. Field density test shall be performed for every 50 cubic yards of fill material placed.
E. Architect may order testing of any lift of fill at any time, location or elevation.
3.14 FINISH SITE GRADING AND TOPSOIL PLACEMENT ,
A. Perform earthwork to lines and grades as shown with proper allowance for topsoil. ,
B. Provide a minimum 4" depth of topsoil in all areas within the limits of construction that are '
disturbed during the course of this work except areas that are to receive sod or paving
material. .
C. Shape, trim and finish slopes to conform with the lines, grades and cross sections shown. '
D. Make slopes free of loose exposed roots and stones exceeding 3 inches in diameter.
E. Round tops of banks to circular curves, in general, not less than a6 foot radius.
F. Neatly and smoothly trim rounded surfaces; over excavating and backfilling to the proper '
grade are not acceptable.
G. Finish site grading will be reviewed by Architect.
3.15 DISPOSAL OF EXCESS EXCAVATION
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A. Dispose of excess excavated materials, not required or suitable for use as backfill or fill
off -site. - '
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97017- Walker Park Parking Lot 02300-8
3.16 SETTLEMENT
A. Settlement in backfill, fill or in structures built over the backfill or fill, which may occur
within the 1 -year guarantee period in the General Conditions will be considered to be
caused by improper compaction methods.
B. Restore structures damaged by settlement to original condition.
END OF SECTION 02300
97017- Walker Park Parking Lot 02300-9
' SECTION 02375
' TEMPORARY EROSION CONTROL
PART 1- GENERAL
1.01 SECTION INCLUDES
A. Mulch Cover, Baled Straw Barrier and Silt Fence.
1.02 RELATED SECTIONS
A. Section 02300 Earthwork.
1.03 DESIGN REQUIREMENTS
IA. Provide temporary application of mulch cover as a deterrent to soil erosion.
B. Provide baled straw between project earthwork operations and adjacent areas to prevent
scouring, and eroding of soil, and silt runoff.
C. Provide all materials or procedures in strict accordance with City of Fayetteville
requirements.
PART 2- PRODUCTS
' 2.01 MATERIALS
IA. Mulch Cover: Straw from threshed rice, oats, wheat, barley or rye; of wood excelsior; or
from hay obtained from various legumes or grasses, such as lespedeza, clover, vetch,
soybeans, bermuda, carpet sedge, bahia, fescue or other legumes or grasses, or a
' combination thereof. Mulch shall be dry and reasonably free from Johnson grass or other
noxious weeds, and shall not be excessively brittle or in an advanced state of
' decomposition. All material will be inspected and approved prior to use.
B. Straw Bales: Straw for barrier bales shall consist of bales of rice, oat, barley, wheat or rye
straw or of available grasses free of an excessive amount of noxious weeds. Bales shall
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weigh approximately 35 pounds. Straw in an advanced state of decomposition will not be
acceptable.
' C. Filter Fabric: Typar 3401, Trevira Si 115, or approved equal nonwoven polypropylene or
polyester fabric.
PART 3- EXECUTION
3.01 EXAMINATION
A. Ensure that earthwork and final grading in area requiring erosion control have been
' brought to grade as required by Contract Documents.
97017 -Walker Park Parking Lot 02375-1
3.02 INSTALLATION
A. Straw Bale Filter: Tightly bound straw bales embedded at least 4 inches into soil and each
bale held in place by 2 stakes driven at least 18 inches into ground. Bales shall tightly abut
adjacent bales. Strings shall not touch the ground.
B. Silt Fence: Fence post spaced no more than 10 feet apart and driven a minimum of 2 feet
into ground. Post shall extend minimum of 2 feet above grade. Fasten metal mesh fence
with 6 inch or amaller openings to fence posts to reinforce the silt fence fabric. Mesh
fence to extend 2 feet above grade and 4 inches into grade. Mesh maybe omitted if
reinforced silt fence fabric is used or in areas of low flow.
C. Nonvegetative Soil Stabilization: Utilize temporary nonvegetative soil stabilization to
provide protection against excessive soil erosion over a short period of time. Required in
areas that experience high water flows and high runoff velocities and at disturbed slopes
steeper than 2:1.
I Mulch: Apply at 1.5-2.5 tons per acre.
2. Anchor by peg and twine, mulch netting, erosion control, fabric, jute matting or
mulch anchoring tool.
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END OF SECTION 02375
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97017 -Walker Park Parking Lot 02375-2 '
' STORM DRAINAGE
' FARTJ- - GENERAL.
1.01 DESCRIPTION
A. Work Included: Drainage work under this Contract includes foundation drainage,
drainage structures, pipes and fittings, catch basins, covers and frames, and culverts.
' 1.02 APPLICABLE STANDARDS
A. American Society for Testing Materials (ASTM):
1. C 14, "Concrete Sewer, Storm Drain, and Culvert Pipe".
' 2. C 76, "Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe".
3. C 412, "Concrete Drain Tile".
4. C 443, "Joints for Circular Concrete Sewer and Culvert Pipe: Using Rubber
' Gaskets".
5. C 444, "Perforated Concrete Pipe".
6. D 1785, "PVC Plastic Pipe, Schedules 40, 80 and 120".
7. D 2241, "PVC Plastic Pipe (SDR-PR)".
B. Federal Specifications: .
1. WW -P -405B (1) "Pipe, Corrugated (Iron or Steel Zinc Coated)".
' 1.03 SUBSTITUTIONS
IA Products specified herein establish a quality standard for comparison by manufacturers of
similar products. Products of other manufacturers may be substituted for those specified
herein on an "Approved Equal" basis. DO NOT propose the substitution of products that
' do not meet or exceed the quality standards established by the specified product. Products
proposed as equivalent MUST be submitted through the General Contractor for review by
the Architect after the Contract for Construction is awarded. DO NOT request approval
' of products prior to the awarding of the contract.
B. Supporting technical data, samples, published specifications and the like must be submitted
' for comparison.
C. Contractor shall warrant that proposed substitutions, if accepted, will provide performance
equivalent to the materials specified herein.
' PART 2- PRODUCTS
2.01 STORM DRAIN AND CULVERT PIPE
' A Concrete Pipe: Concrete pipe for storm drains of 8" and smaller diameter Class 2 or Class
97017 -Walker Park Parking Lot
02630-1
3, non -reinforced, conforming to ASTM C 14. Use Class 3, reinforced, conforming to
ASTM C 76 for 12" and larger diameter pipe and culverts.
2.02
B. Galvanized Pipe (Corrugated, zinc coated metal pipe for culverts): Standard minimum 16 -
gauge
iron or steel by Armco Drainage and Metal Products, Inc., or approved equal and
conforming to Federal Specifications WW -P -504B (1).
OTHER MATERIALS I
A. Concrete Drainage Structures: Design mix to attain minimum 3,000 P. s.i compressive
strength at 28 days. Conform to Sections 03100 for forming, 03200 for reinforcement and
03300 for cast in place concrete in Division 3 of these specifications.
B. Metal Grates, Covers, and Frames (Cast-iron grates, covers, and frames subject to vehicle '
traffic): Highway "heavy-duty" type. Where subject to foot traffic only use "standard
type". Furnish frames with anchors for attachment to concrete work. Furnish covers with
pry holes or flush type drop handles and non -slip surfaces.
C. Pipe Joint Materials: Furnish pipe joint materials specified for each type pipe in Part 3 of
this Section.
PART 3- EXECUTION
3.01 STORM DRAIN AND CULVERT PIPE
A. Concrete Pipe Installation:
1. General: Lay sections on solid earth bed with even fall, with uniform bearing
throughout entire length of each section. Cut cross grooves in bed to admit bell or
collar. Lay with bell or groove end pointing up stream of slope. Install with no
less than 12" of fill above high point of pipe unless otherwise shown.
2. Bell and Spigot Pattern:; Fill lower portion of bell using stiff mortar mixed 1 cubic
foot Portland cement to 3 cubic feet sand as each section is laid. Use sufficient
mortar to make inner surfaces of abutting sections perfectly smooth. Fit joints as
tight as possible as sections are laid. After fitting, fill joints both inside and out
completely full with mortar. After joint is sealed, clean excess mortar from inside
pipe
Tongue and Groove Pattern: Coat lower half of groove and upper half of tongue
with thin layer of mortar composed of 1 cubic foot Portland cement to 2 cubic feet
sand. Fit joints as tight as possible as sections are laid. After fitting, fill joints both
inside and out with mortar. After joint is filled, clean excess mortar from inside
pipe.
4. At Contractor's option an approved sewer joint compound, similar to "Tex -Mastic
No. 726 by J & P Petroleum Prod. Co., or approved equal may be used in lieu of
97017 -Walker Park Parking Lot 02630-2 ,
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mortar. Install joint compound complying with manufacturer's directions.
5. Rubber Gaskets for Concrete Pipe: Conform to ASTM C 443 and install
complying with manufacturer's directions.
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END OF SECTION 02630
' 97017 -Walker Park Parking Lot 02630-3
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SECTION 02740
ASPHALTIC CONCRETE PAVING
PART 1- GENERAL
' 1.01 SUMMARY
A Prepare pavement in accordance with this specification where indicated on the drawings.
B. Construct work of this section that is adjacent to or connected to city streets in
accordance with requirements of the city for city streets.
IC. Secure permits and inspections, post necessary bonds and pay necessary fees.
1.02 RELATED SECTIONS
' A. Section 02300 - Earthwork
B. Section 02760 - Pavement Markings
1.03 REFERENCES
' A American Association of State Highway and Transportation Officials, 444 North Capitol
' Street, North West, Suite 225, Washington, DC 20001.
1. AASHTO M14 - Anionic Emulsified Asphalt
2. AASHTO M81 - Cut Back Asphalt Concrete (Rapid Curing Type)
3. AASHTO M82 - Cut Back Asphalt Concrete (Medium Curing Type)
4. AASHTO M208 - Cationic Emulsified Asphalt
B. American Society of Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania
19103.
1. ASTM C207 - Specification for Hydrated Lime for Masonry Purposes.
2. ASTM D698 - Test Methods for Moisture Density Relations of Soils and Soil
I. Aggregate Mixtures, Using 5.5 lb. Kammer and 12 in. Drop.
• 3. ASTM D946 - Specification for Penetration Graded Asphalt Cement for Use in
Pavement Construction.
' 4. ASTM D977 - Specification for Emulsified Asphalt.
C. Arkansas State Highway and Transportation Department, P.O. Box 2262, Little Rock,
Arkansas 72203.
1. AHTD 303 - Aggregate Base Course.
2. AHTD 304 - Aggregate Surface Course.
3. AHTD 305 - Asphalt Concrete Hot Mix Stabilized Base Course.
IPART 2- MATERIALS
97017- Walker Park Parking Lot 02740 - 1
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2.01 ASPHALT PAVING MATERIALS
A. Subgrade: In accordance with Section 02300. 1
B. Base Course: 6 inches of crushed stone conforming to AHTD Standard Specifications for 1
Highway Construction Section 303, Class 7.
C. Prime Coat: Medium curing cut back asphalt; MC -30 or MC070; AASHTO M82; heated
and applied within the temperature range of 80 to 150 degrees F.
D. Asphaltic Cement: 3 inches of Type III in accordance with Arkansas State Highway and
Transportation Department, Latest Edition.
1. Testing: Tests of asphalt mixtures and minerals will be made by commercial testing 1
laboratory approved by Architect. Submit test reports to Architect.
PART 3 -EXECUTION
3.01 SUBGRADE PREPARATION 1
A. Subgrade for asphalt paving improvements shall have all organic silty and clayey topsoils
and other unsuitable material removed and replaced with approved material.
B. Fill and tamp traces of utility trenches.
C. Scarify and recompact subgrade; proof roll with dump truck.
D. Replace soft spots as needed.
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3.02 BASE COURSE FOR ASPHALTIC PAVING
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A. Place material on prepared-subgrade. Spread course(s) and compact the same day the
material is hauled. The material shall be thoroughly mixed, either by repeated handling
with a blade grader or by harrowing sufficiently to secure a uniform mixture of coarse and
fine particles. Compact base course by systematically rolling and watering as required to
obtain a firm, uniform, smooth surface as specified in Part 300 of AHTD Standard
Specifications for Highway Construction. Set blue tops prior to final finishing of base
course.
B. . Minimum density shall be 95 percent Standard Proctor (ASTM D698).
C. Prime coat shall not be put down until base course is compacted. 1
3.03 PRIME COAT
A. After acceptance of completed base course, a prime coat shall be uniformly distributed
over the prepared base at the rate of 0.3 gallons per square yard. - I
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B. Remove any surplus asphalt material.
C. Construct and maintain barricades to keep traffic off the primed surface until it is
I. thoroughly cured and ready for asphalt pavement (3 days minimum).
3.04 TACK COAT
A. Apply tack coat when asphalt course is to be laid on an asphalt or concrete surface.
B. Clean surface to be treated with prime or tack. Sweep with mechanical broom immediately
preceding the application of prime or tack. Remove patches of asphalt, dirt or other
material which does not form an integral part of the surface. When directed, sprinkle the
surface with water and give an additional sweeping.
3.05 HOT -MIX SURFACING FOR ASPHALTIC PAVING
A. Plant Mixing and Transporting: Mixing, transportation and temperature limitations for
hot -mix surface course materials shall be in accordance with the requirements of Part 400
of AHTD Standard Specifications for Highway Construction.
B. Placing: Surface course material shall be delivered to the job hot, in vehicles commonly
used for that purpose. Material shall be laid on an approved base and only when weather
conditions are suitable. After compaction, the paving material shall be rolled with an
approved, self propelled roller until thoroughly compacted and no roller marks appear.
Finished surface shall be smooth and true to established grade and crown. Any depressions
or defective places shall immediately be corrected. Finish tolerance shall be plus or minus
0.05 feet at any point from line and grade shown on drawings.
END OF SECTION 02740
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1 97017- Walker Park Parking Lot
02740 - 3
SECTION 02750
PORTLAND CEMENT CONCRETE PAVING
PART 1- GENERAL
1.01 SECTION INCLUDES
I. A Providing Portland cement concrete paving except sidewalks.
1.02 RELATED SECTIONS
A Section 02300 - Earthwork
B. Section 02760 - Pavement Markings.
C. Section 03300 - Concrete Work.
1.03 REFERENCES
A ASTM C 150 - Specification for Portland Cement.
B. ASTM C 94 - Specification for Ready -Mixed Concrete.
C. ASTM A 615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete
Reinforcement.
D. ASTM C-1018 Standard Test Method for Flexural Toughness and First Strength of Fiber
Reinforced Concrete (Using Beam with Third Point Loading).
E. ASTM D 1751- Specification for Preformed Expansion Joint Fillers for Concrete Paving
and Structural Construction (Non -Extruded and Resilient Bituminous Types).
1.04 INSPECTION AND TESTING
A Inspection and testing of concrete shall be performed by a firm appointed by Owner and
paid for by Contractor from testing allowance.
B. Three concrete test cylinders will be taken for every 75 or less cubic yards placed each
day. One additional test cylinder will be taken during cold weather concreting, and be
cured on job site under same conditions as concrete it represents. One slump test shall be
taken for each set of test cylinders taken.
pj.-..aaimIIwi�
2.01 BASE MATERIALS
A Subgrade: In accordance with Section 02300.
' 97017- Walker Park Parking Lot 02750-1
B. Base Course: 4 inches of crushed stone conforming to AHTD Standard Specifications for
Highway Construction Section 303, Class 7.
2.02 CONCRETE MATERIALS
A. Portland Cement: ASTM C 150; Normal -Type I. Concrete shall have minimum 4000 psi
compressive strength at 28 days with maximum slump of 3 inches and 4 to 6 percent air
entrainment. 4 inch thickness required.
B. Fine and Coarse Aggregates: ASTM C 33.
C. Water: Clean and free from injurious amounts of oil, alkali, organic matter, or other
deleterious material
D. No fly ash will be allowed.
E. Use accelerating admixtures in cold weather only when approved by Architect. Use of
admixtures shall not relax cold weather placement requirements. Do not use calcium
chloride.
F. Use set -retarding admixtures during hot weather only when approved by Architect.
2.03 REINFORCEMENT
A Wire Fabric: "Specifications for Wire Fabric for Concrete Reinforcement", ASTM A-185
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B. Bars for Reinforcement: "Specifications for Deformed Billet -Steel Bars for Concrete
Reinforcement", ASTM A-615, grade 60 unless otherwise shown.
2.04 FORMWORK
A Formwork: Matched, tight fitting and adequately stiffened to support weight of concrete a
without deflection detrimental to tolerances and appearance of concrete. ' :: I
2.05 MISCELLANEOUS MATERIALS
A Curing Compound: Liquid membrane forming, clear or translucent, suitable for spray I'
application. Conform to ASTM C309, Type 1.
B. Provide expansion joints with non -tracking joint sealer at not more than 20 feet apart, and
.. also where walks terminate at steps or abuts other work.
C. Joint Sealant: Refer to Section 07900.
D. Joint Filler: Minimum 1/2 -inch thick asphaltic impregnated fiberboard conforming to
ASTM D 1751.
E. Air Entrainment: Comply with AFPC V2 Tables 1603A and 1603C. 1
97017- Walker Park Parking Lot 02750-2 1
PART 3- EXECUTION
3.01 SUBGRADE PREPARATION
A. Subgrade for concrete paving improvements shall have all organic silty and clayey topsoils
and other unsuitable material removed and replaced with approved material. Fill and tamp
traces of utility trenches. Scarify and recompact subgrade; proof roll with dump truck.
Replace soft spots as needed.
3.02 BASE COURSE FOR CONCRETE PAVING
A. Place material on prepared subgrade. Spread course(s) and compact the same day the
material is hauled. The material shall be thoroughly mixed, either by repeated handling
with a blade grader or by harrowing sufficiently to secure a uniform mixture of coarse and
fine particles. Compact base course by systematically rolling and watering as required to
obtain a firm, uniform, smooth surface as specified in Part 300 of AHTD Standard
Specifications for Highway Construction.
B. Minimum density shall be 95 percent of ASTM D1557.
3.03 FORMING
A. Form vertical surfaces to full depth and securely position to required line and levels.
Ensure form ties are not placed so as to pass through concrete.
B. Arrange and assemble formwork to permit easy dismantling and stripping, and to prevent
damage to concrete during formwork removal.
3.04 FORMING EXPANSION AND CONTRACTION JOINTS
A. Place construction joints and expansion joints as shown on Drawings.
B. Fit longitudinal and cross joints with filler of required profiles. Recess joint filler 1/4 -inch
below finished concrete surface to allow for placement of sealant.
3.05 PLACING CONCRETE
A. Place concrete continuously between predetermined construction joints.
B. Screed and wood float surfaces to uniform finish, free to open texturing and exposed
aggregate.
C. Avoid working mortar to surface.
D. Round edges, including edges of expansion and construction joints, with 1/4 -inch radius
edging tool.
' 3.06 FINISHING
1 97017- Walker Park Parking Lot
02750-3
A. Finish exposed concrete paved vehicular surfaces with wood float finish except where
light broom finish is specified. Ensure finished surfaces do not vary from true fines, levels,
or grade, by more than 1/4 -inch in 10 feet in any direction when measured with straight
edge.
B. Install specified joint sealant in accordance with manufacturer's instructions. Joints that
exceed 1/4" per foot slope must be primed in accordance with manufacturers
recommendations.
C. DO NOT ALLOW ANY TRAFFIC. OR LOADS OF ANY KIND ON CONCRETE
FOR A PERIOD OF 14 DAYS MINIMUM. DO NOT ALLOW ANY HEAVY
TRUCKS OR MACHINERY ON CONCRETE FOR A PERIOD OF 28 DAYS.
MINIMUM.
END OF SECTION 02750
97017- Walker Park Parking Lot 02750-4
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02760
PAVEMENT MARKING
PART 1- GENERAL
1.01 SUMMARY
' A. Paint parking lot lines, letters, directional arrows, island curbs, etc. as shown on the
drawings.
B. Furnishing and placing thermoplastic pavement markings, including words, arrows, etc. As
'shown on the drawings.
1.02 SUBMITTALS
A. Provide the following:
1. Paint System Data Sheet (PSDS) from paint manufacturer for each system used.
2. Technical Data Sheets for each product used in the paint system.
3. Sample of the Thermoplastic material in its finished state and technical data
sheets.
1 1.03 QUALITY ASSURANCE
A. Inspection by Architect, or waiver of inspection of any particular portion of the work,
1 shall not be construed to relieve Contractor of his responsibility to perform the work in
accordance with these specifications.
1 1.04 WARRANTY
A. Contractor shall warrant to Owner and guarantee work under this section against .
defective workmanship and materials for a period of 1 year commencing on the date of
final acceptance of the work.
PART 2- MATERIALS
I2.01 PAINT
A. Sherwin-Williams, Promar Traffic Marking.
r1. Yellow, Series No. B29Y2.
2. White, Series No. B29W 1.
2.02 THERMOPLASTIC PAVEMENT MARKINGS
A. The material used shall be a product especially compounded for traffic markings. Each
container shall be clearly and adequately marked to indicate the color, weight, batch of lot
number, and type of material.
97017 -Walker Park Parking Lot 02760-1
White thermoplastic material, after drying, shall be pure white and free from dirt or tint;
and shall comply with the Federal Highway Administration's standard white. The white I
color is to have a minimum reading of 75% relative to magnesium oxide when tested
according to AHTD Test Method 703.
The material when placed as a stripe, shall not be slippery when wet and it shall not lift
from the pavement in freezing weather.
In the plastic state, the material shall not give off fumes that are toxic of otherwise
injurious to persons or property. The material shall not break down or deteriorate if held
at the plastic temperature for a period of 4 hours nor by reason of 4 re -beatings to the
plastic temperature. ""
The material shall not deteriorate by contact with sodium chloride, calcium chloride, or '
other chemical formations on the roadway or streets, or because of the oil contact on
pavement material, or from oil droppings from traffic.
The temperature -viscosity characteristics of the thermoplastic material shall remain
consistent through 4 re-heatings and shall be the same from batch to batch. There shall be
no obvious change in the color of the material as a result of up to 4 re -heats of from batch
to batch.
The pigmented binder shall be well dispersed and free from all skins, foreign objects, of
other ingredients that will cause bleeding, staining, or discoloration. The pigment shall he
evenly dispersed throughout the material. After application and proper drying
time, material shall show no appreciable deformation nor discoloration under local
traffic conditions and in air or road temperatures ranging from -18 deg. C(0 deg F) to 71
deg C(160 deg F). The material shall not smear or spread un der normal traffic conditions
at temperatures below 71 deg C(160 deg F).
The material shall not soften at 82 deg C (180 deg F) when tested by ASTM E 28.
The stripe shall maintain its original dimension and placement. The exposed surface shall
be free of tack. Cold ductility of the material shall be such as to permit normal movement
with the road surface without chipping or cracking.
The marking shall have a uniform cross section. The density and character of the material
shall be uniform throughout its thickness and shall be completely reflectorized both
internally and externally.
During manufacture, reflectorized beads shall be mixed into the material to the extent of
not less that 40% nor more that 50% by weight of the material. The glass beads used in
the intermix formulation and for the drop -on application shall meet AASHTO M 247
with a Type I gradation. The beads for intermix shall be uncoated. The drop -on beads
shall be suitably treated to resist moisture and retain free flow properties.
Moisture resistance will be tested by AHTD Test Method 702. Beads shall not be
specially treated to enhance flotation. The beads shall be automatically applied at a
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minimum uniform rate of 39 kg (8 pounds) of glass beads to every 100 sq m (100 square
feet) of surface.
PART 3 -EXECUTION
3.01 GENERAL
A Paint shall be applied in 2 coats to a clean dry surface using template or a stripping
machine. Stripes shall be a uniform width of 4 inches wide. Other markings shall be as
shown on drawings.
B. The thermoplastic compound shall be screed or ribbon extruded to the pavement surface
onto a clean dry surface that is at least 10 deg C(50 deg F)
The equipment used to apply the thermoplastic compound onto the pavement shall be
suitably equipped for heating and controlling the flow of the material. The thermoplastic
material shall be dispensed at a temperature recommended by the manufacturer. The
applicator shall include a cutoff device remotely controlled to provide clean, square stripe
ends and to provide a method for applying skip lines.
Beads applied to the surface of the completed stripe shall be applied by an automatic
bead dispenser attached to the pavement marking equipment in such a manner that the
beads are immediately dispensed upon the completed line. The bead dispenser shall
be equipped with an automatic cutoff control, synchronized with the cutoff of the
pavement marking equipment.
END OF SECTION 02760
I97017 -Walker Park Parking Lot 02760-3
SECTION 02770
CONCRETE CURBS AND SIDEWALKS
PART 1- GENERAL
a 1.01 SUMMARY
A Construction of concrete curbs and sidewalks.
' 1.02 REFERENCES
A. American Concrete Institute, 22400 W. Seven Mile Road, Detroit, Michigan 48219.
1. ACI 304R - Guide for Measuring, Mixing, Transporting and Placing Concrete.
• B. American Society for Testing and Materials, 1961 Race Street, Philadelphia, Pennsylvania
19103.
• 1. ASTM C94 - Specification for Ready -Mixed Concrete.
2. ASTM C309 - Specification for Liquid Membrane -Forming Compounds for
Curing Concrete.
3. ASTM D698 - Test Methods for Moisture -Density Relations of Soils and Soil -
Aggregate Mixtures, Using 5.5 lb. Rammer and 12 in. Drop.
4. ASTM D994 - Specification for Preformed Expansion Joint Filler for Concrete
I (Bituminous Type).
1.03 SUBMITTALS
A. Submit complete information regarding concrete mix to Architect for review in
accordance with the requirements of ASTM C94, Alternate 2.
PART 2- MATERTAI.S
1 2.01 CURB FORMS
A 2 -inch dressed dimension lumber or metal of equal strength, free from defects that would
impair appearance or structural quality of completed curb, subject to approval of
Architect.
B. Short Radius Forms: 1 -inch dressed lumber or plywood.
C. Curb Face: No horizontal joints in form material closer than 7 inches from top of curb.
D. Stakes and Bracing Materials: Provide as required to hold forms securely in place.
• 2.02 SIDEWALK FORMS
' A 2 -inch dressed lumber, straight and free from defects, or standard metal forms.
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97017- Walker Park Parking Lot
02770-1
B. Short Radius Forms: 1 -inch dressed lumber or plywood.
C. Stakes and Bracing Materials: Provide as required to hold forms securely in place.
2.03 EXPANSION JOINT FILLER
A. 1/2 inch thick preformed asphalt -impregnated expansion joint material conforming to
ASTM D994.
2.04 CONCRETE
A. Ready mixed conforming to ASTM C94, Alternate 2.
B.
Compressive Strength: 3,500
psi at
28 days.
C.
Maximum Size of Aggregate:
1-1/2
inch.
D. Slump: 2 to 4 inches.
E. Air Entrainment: Comply with AFPC V2 Tables 1603A and 1603C.
2.05 REINFORCEMENT
A. Wire Fabric: "Specifications for Wire Fabric for Concrete Reinforcement", ASTM A-185.
2.06 CURING COMPOUND
A. Liquid membrane forming, clear or translucent, suitable for spray, application. •
B Conformto ASTM C309, Type 1
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2.07 ACCEPTANCE OF MATERIALS
A All materials shall be subject to inspection for suitability, as the Architect may elect, prior , ,.
to or during incorporation into the work
PART 3 - FXECUTION
3.01 PREPARATION OF SUBGRADE '
{
A Bring the areas on which curbs and sidewalks are to be constructed to required grade on
undisturbed ground and compact by sprinkling and rolling or mechanical tamping.
B. As depressions occur, refill with suitable -material and recompact until the surface is at the
proper grade.
C. Compact subgrade on fill to 95 percent of maximum density at optimum moisture. content
as determined by ASTM D698.
02770-2
97017- Walker Park Parking Lot
3.02 SETTING FORMS
A. . Construct forms to the shape, lines, grades and dimensions called for on the Drawings.
B. Stake wood or metal forms securely in place, true to line and grade.
C. Brace forms to prevent change of shape or movement in any direction resulting from the
weight of the concrete during placement.
ID. Construct short radius curved forms to exact radius.
E. Tops of forms shall not depart from grade line more than 1/8 inch when checked with a 10
' foot straightedge.
F. Alignment of straight sections shall not vary more than 1/8 inch in 10 feet.
' 3.03 CURB CONSTRUCTION
' A. Construct curbs to line and grade shown or established by the Architect and conform to
the details shown.
B. Place, process, finish and cure concrete in conformance with this section and the
applicable requirements of ACI 614. Wherever requirements differ, the more stringent
shall govern.
C. Placement of Preformed Asphalt Impregnated Expansion Joints:
1. At intervals of not more than 40 feet.
2. Beginning and end of curved portions of the curb.
3. Connections to existing curbs.
D. Contraction Joints:
1. Place at intervals not exceeding 10 feet.
2. Open type joint.
• 1 3. Provide by inserting thin, oiled steel sheet vertically in fresh concrete to force
coarse aggregate away from joint.
4. Steel sheet shall be inserted the fall depth of the curb.
' 5. After initial set has occurred in the concrete and prior to removing the front curb
form, steel sheet shall be removed with a sawing motion.
' E. As soon as concrete has set sufficiently to support its own weight, remove the front form
and finish all exposed surfaces.
• 1. Finish top of curb with a steel trowel
• 2. Finish edges with a steel edging tool
3. Rub formed faces with burlap sack or similar device to produce a uniformly
1 textured surface, free from form marks, honeycomb and other defects.
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97017- Walker Park Parking Lot
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F. Backfilling Curb: Upon completion of curing period, but not before 7 days has elapsed
since pouring the concrete, backfill the curb.
G. Adjusting: ■
1. Finished curb shall present a uniform appearance for both grade and alignment.
2. Remove curb sections showing abrupt changes in alignment or grade or which are
more than 1/4 inch away from location as staked or which are defective for any
reason.
3. Construct new curb at Contractor's expense.
3.04 SIDEWALK CONSTRUCTION
A. Thickness of sidewalks shall be as shown on the drawings. I
B. Place, process, finish and cure concrete in conformance with this section and the
applicable requirements of ACI 614. Where the requirements differ, the more stringent
shall govern.
C. Placement of Preformed Asphalt Expansion Joints.
1. Where sidewalk ends.. '
2. Around posts, poles or other objects protruding through the sidewalk.
3. At maximum intervals of 20 feet.
D. Contraction Joints:
1. Provide transversely to the walks. ,
2. 3/16 inch by I inch weakened plane joints shall be straight and at right angles to
tn the surface of the walk.
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E. Finish: .
1. Broom finish with fine hair broom at right angles to length of walk and tool at all
edges, joints and markings.
2. Mark walks transversely at intervals shown on drawings with a jointing tooL
END OF SECTION 02770
97017- Walker Park Parking Lot
02770-4
SECTION 02835
ORNAMENTAL FENCE
PART 1- GENERAL
1.01 SECTION INCLUDES
' A. Fence and gate posts, rails and pickets, concrete footings for posts, manual sliding and
swing gates and related hardware.
' 1.02 REFERENCES
A. American Society for Testing and Materials (ASTM):
1. ASTM A500 - Cold formed Welded and Seamless Carbon Steel Structural Tubing
' in Rounds and Shapes.
2. ASTM C94 - Ready Mixed Concrete.
' 1.03 SUBMITTAL
A. Shop Drawings: Indicate plan layout, grid, spacing of components, hardware, footings,
Ischedule of components and color selection.
B. Instructions: Provide manufacture's installation instructions.
' C. Substitutions:
1. Products specified herein establish a quality standard for comparison by
manufacturers of similar products. Products of other manufacturers may be
substituted for those specified herein on an "Approved Equal" basis. DO NOT
propose the substitution of products that do not meet or exceed the quality
standards established by the specified product. Products proposed as equivalent
MUST be submitted through the General Contractor for review by the Architect
after the Contract for Construction is awarded. DO NOT request approval of
products prior to the awarding of the contract.
1.04 QUALIFICATIONS
A. Manufacturer: Company specializing in the manufacture of products specified with a
minimum of three years experience.
B. Installer: Company specializing in the installation of products specified with a minimum of
two years experience.
' PART 2-
2.01 FENCING
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97017 -Walker Park Parking Lot
O''2&3'-1
A. 3'-5" tall constructed from 6" dia. Preassure treated wood posts and 4" dia pressure
treated wood rails. Comply with published Standards of the Ameican Wood Preserver's
Association for pressure treated wood.
I.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Install fencing straight and true, tight and secure, and follow the ground line unless
otherwise indicated on the drawings. Obstructions that interfere with the installation shall
be removed.
B. Set posts plumb in concrete footings with top of footing'/2 inch above finish grade(slope
top of footing away from post) and bottom of footing a minimum of 36 inches below
finish grade. Footing diameter is to be a minimum of 10 inches.
END OF SECTION 02835
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SECTION 02900
LANDSCAPING
PART 1- GENERAL
1.01 ALLOWANCE
A. In lieu of furnishing complete plans and specifications for landscaping work related to this
project, the Owner has elected to propose an allowances as described below for the work
to be performed. Drawings and specifications for landscape work will be issued to the
successful bidder after the award of a Contract.
1.02 DESCRIPTION OF ALLOWANCES
A. Contractor to allow the lump sum of $ 7,500.00 in his base bid for landscape work_
Allowance is to include purchase, taxes, delivery and installation of all landscaping
material to be selected by Owner and Architect Shaping, placement and materials for top
soil and seeding is not part of the landscape allowance and is considered to be in the base
bid amount. This allowance includes but is not limited to trees and other decorative
landscaping.
PART 2- PRODUCTS (Not Applicable)
PART 3- EXECUTION (Not Applicable)
END OF SECTION 02900
I97017 -Walker Park Parking Lot 02900-1
SECTION 02932
' SEEDING
PART 1- GENERAL
1.01 DESCRIPTION
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A. Work Included: Furnish and place fertilizer and seeding at all locations of the site not
in tree preservation of covered by paving. Maintain growth of the turf during the contract
period and until the coverage requirements are satisfied.
1.02 GUARANTEE
A. Guarantee lawn for a minimum of one year after completion of installation against defect,
including death. Adequate maintenance by Owner will be required as a condition for
guarantee to remain in effect. Guarantee will not cover losses due to occupancy of the
project, vandalism, and acts of neglect on the part of others.
1.03 QUALITY ASSURANCE
A. Source Quality Control:
1. General: Ship seeding materials with certificates of inspection required by
governing authorities. Comply with regulations applicable to landscape materials.
2. Analysis and Standards: Package standard products with manufacturer's certified
analysis. For other materials, provide analysis by recognized laboratory made in
accordance with methods established by the Association of Official Agriculture
Chemists, wherever applicable. Provide soil analysis as required to determine
amendment rates for lime or sulphur.
B. Comply with Arkansas Code 2-16-210, Plant Board Inspection and Certification for Plant
Materials and Products.
1.04 DELIVERY, STORAGE AND HANDLING
A. Packaged Materials: Deliver packaged materials in containers showing weight, analysis
and name of manufacturer. Protect materials from deterioration during delivery, and while
stored at site.
1.05 JOB CONDITIONS
A. Planting Time: Seed during normal planting seasons for type of material used. Correlate
planting with specified maintenance periods to provide maintenance from date of
substantial completion.
PART2-PRODUCTS
' 97017 -Walker Park Parking Lot 02932-1
1
2.01 .. TOP SOIL
A. In accordance with Section 02300, Earthwork. '
2.62 FERTILIZER ,
A. Commercial fertilizer shall be an organic fertilizer containing the following minimum '
percentages of available plant food by weight: 13-13-13 nitrogen-phosphoms-potash or
approved equal.
2.03 SEED ,
A. Provide Tristar Fescue blend seeded at a minimum rate of 10 lbs. per 1,000 sq. ft. and as
required for complete germination.
PART 3- EXECUTION '
3.01 SITE PREPARATION
A. Grading: Fine grade all areas and bring site to finished grade. Verify the drainage is '
adequate in the areas designated for seeding. Depressions where water will stand or
inequalities in the grade shall be corrected before seeding. '
B. Protect all sidewalks, curbs and stone erosion barriers during the installation of the '
seeding. . .
C. Cover seed with a thin layer of straw.
3.02 - SOIL PREPARATION - rr t4 ,Zs
A. 1 Test 5" deep soil samples for pH analysis for each major areaYof lawns for planting Areas
to be planted shall have a pH value of between 6.0 and 7.0:
B.. If Ph value is above 7.0 the contractor isto a commercial grade sulphur to area to be
planted to bring Ph value down to acceptable level
C. If Ph value is below 6.0 add lime to bring Ph value up to acceptable level Incorporate
into soil to a depth of at least 4".
D. . Fertilizer should then be applied to the soil at the rate of 800 lbs. per acre.
E. Moisten prepared lawn areas before planting if soil is dry. Water thoroughly and allow ,
surface moisture to dry before planting lawns. Do not create a muddy soil condition.
3.03 SEEDING
A. Do not use wet seed or seed which is moldy or otherwise damaged in transit or storage.
97017 -Walker Park Parking Lot 02932-2 1
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B. Water and Maintenance: Water shall be applied on all seeded areas in quantities and at
intervals to provided optimum growing conditions for the establishment of healthy,
uniform stand and cover or grass. The Contractor shall continue watering all seeded areas
for 3 months after seeds have sprouted to growths of 1/2" height or until the time the
coverage requirements specified below are met. Individual waterings shall moisten the soil
to a depth of 3" or more. The Contractor shall mow or weed eat the grass to maintain a
height between 3" and 6". All bare areas shall be reseeded as required and the
maintenance continued. The seeded areas shall be maintained until scattered bare spots,
none of which is larger than 1 sq. ft., comprise no more than 2% of any gross area for
seeded areas.
3.04 CLEAN UP AND PROTECTION
IA. During seeding work, keep pavements clean and work area in an orderly condition.
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3.05 INSPECTION AND ACCEPTANCE
A. When seeding work is completed, including maintenance, Architect will, upon request,
make an inspection to determine acceptability.
END OF SECTION 02932
I97017 -Walker Park Parking Lot
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DIVISION 3
CONCRETE
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FORMWORK!I i.ie:
1.01 DESCRIPTION
A. Work Included: Form cast -in -place concrete required and subsequently remove forms
except as otherwise specified.
IB. Substitutions:
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Products specified herein establish a quality standard for comparison by
manufacturers of similar products. Products of other manufacturers maybe
substituted for those specified herein on an "Approved Equal" basis. DO NOT
propose the substitution of products that do not meet or exceed the quality
standards established by the specified product. Products proposed as equivalent
MUST be submitted through the General Contractor for review by the Architect
after the Contract for Construction is awarded. DO NOT request approval of
products prior to the awarding of the contract.
2. Supporting technical data, samples, published specifications and the like must be
submitted for comparison.
Contractor shall warrant that proposed substitutions, if accepted, will provide
performance equivalent to the materials specified herein.
1.02 RELATED SECTIONS
A. Concrete Reinforcement: Section 03200
B. Cast -in -place Concrete: Section 03300
1.03 QUALITY ASSURANCE
A. Qualifications of Workmen: Provide foreman at all times during execution of this portion
of the Work, thoroughly familiar with type materials being installed, referenced standards,
and requirements of this work, and who shall direct work performed under this Section.
B. Codes and Standards:
1. In addition to complying with pertinent codes and regulations, comply with
pertinent recommendations contained in "Recommended Practice for Concrete
Formwork", publication ACI 347 of the American Concrete Institute.
2. Where provisions ofpertinent codes and standards conflict with requirements of
this Section more stringent provisions govern.
97017 -Walker Park Parking Lot 03100-1
PART 2 - PRODUCTS
2.01 WOOD FORM MATERL4L.S •
A. Form Lumber: Provide form lumber in contact with exposed concrete using new material '
except as allowed for re -use of forms. Provide form lumber as follows, a combination
thereof or an equal approved in advance by Architect:
1. "Plyform", class I or II, bearing label of the American Plywood Association.
2. Southern Pine or Douglas Fir, number 2 grade, seasoned, surfaced 4 sides. ,
B. Form Sealers: Provide. "React S" by Conspec, or approved equal.
2.02 TIES AND. SPREADERS
A. Type: Type which does not leave an open hole through concrete and which permits neat
and solid patching at every hole. _
B. Design: Metal not less than one inch from surface at completion of concrete work. '
2.03 EXPANSION JOINTS '
A. Non -extruding, pre -moulded filler strips conforming to ASTM D 1751 or D 1752 and '
compatible with sealant material used to seal joints.
2.04 CONTROL JOINTS
A Non -staining materials; of wood, plastic, or metals, formed to be removed without spalling
concrete.' ;,F
2.05 RUSTICATION STRIPS
A. > .s Provide rustication strips using non-absorbent material including ektruded polyvinyl -'
chloride, plastic, fiberglass, metal, or milled from good quality lumber and well sealed to
prevent moisture absorption. Wood strips may not have protruding splinters which may
become embedded in the concrete. Accomplish sealing of wood by immersion or by
brushing on two coats of form coating:
2.06 OTHER MATERIALS ,
A. Provide materials, not specifically described but required for completion of concrete I
formwork as selected by Contractor subject to advance approval of Architect.
PART 3 - EXECUTION '
3.01 CONSTRUCTION OF FORMS
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03100-2 '
A. General:: Construct substantial, sufficiently tight forms to prevent fins and leakage of
' mortar, and able to withstand deflection when filled with wet concrete.
B. Layout:
' 1. Form cast -in -place concrete to shapes, sizes, lines, and dimensions required.
2. Exercise particular care in form layout to avoid necessity for cutting of concrete
after placement.
' 3. Make proper provision for inserts, sleeves, pipes, openings, offsets, recesses,
anchorage, blocking, and related features as required.
4. If proposed layout of control joints differs from layout shown on drawings,
Contractor shall submit three (3) copies of alternate layout plan to Architect for
review. Do not proceed with alternate layout of control joints without written
approval from Architect.
' 3.02 EARTH FORMING
A. Forms for footings and related below grade concrete may be omitted when soil and
' workmanship pemrit accurate excavation to size and where omission is approved by
Architect.
' 3.03 CONSTRUCTION JOINTS
A. Where joint is made, thoroughly clean concrete surface and remove all laitance. In
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addition, thoroughly wet and slush vertical joints with a coat of neat cement grout
immediately before placing new concrete.
' 3.04 REMOVAL OF FORMS
A. Time for removing forms is subject to weather conditions after concrete is poured.
Remove form work in manner to insure complete safety of structure. Do not place
building materials on slabs until they are strong enough to carry the imposed load.
' Contractor shall decide when to remove forms and accept full responsibility for their
removal.
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3.05 EXPANSION JOINTS
A. Do not run reinforcement, comer protection angles, or related fixed metal items,
embedded in or bonded into concrete continuous through expansion joints. Provide filler
strips for expansion joints between slabs on grade and all joints between slabs on grade
and vertical surfaces. Construct joints 1/2 -inch thick and full depth of slab, unless
otherwise noted.
3.06 RUBBED SURFACES
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A. Construct forms for exposed cast -in -place concrete with smooth exterior grade plywood
or steel with joints butted tight to prevent fins and leaking. As soon as forms are stripped, '
rub down concrete surface with carborundum grinders using water and Portland cement as.
rubbing agent. Rub exposed concrete until a uniformly even surface is obtained, with no
joint marks or defects showing. Do not apply neat cement or grout to concrete as painted ,
or plastered finish coat.
3.07 JOINT -FREE SURFACES ,
A. No joint allowed in formed surfaces where joint -free surfaces are required. In forming for
joint -free surfaces, use metal lined forms and cover form joints with form tape.
3.08 CHAMFERED CORNERS
A. Chamfer comers of rectangular concrete members formed with wood forms except where
flush with adjacent concrete or masonry, or where covered with other materials. ,
END OF SECTION 03100
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97017 -Walker Park Parking l,ot 03100-4 1
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1.01 DESCRIPTION
A Work Included: Furnish and install reinforcement and associated items required for cast -
in -place concrete.
1.02 RELATED SECTIONS
IA Placement of Embedded Items: Section 03100/03300
B. Structural Precast Concrete: Section 03410
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C. Reinforcement in Concrete
Unit Masonry: Section 04200
1.03 QUALITY ASSURANCE
A Qualifications of Workmen: Provide foreman at all times during execution of this portion
of the Work, thoroughly familiar with type materials being installed, referenced standards,
and requirements of this work, and who shall direct work performed under this Section.
B. Codes and Standards:
In addition to complying with pertinent codes and regulations, comply with
pertinent recommendations contained in "Manual of Standard Practice for
Detailing Reinforced Concrete Structures", publication ACI 315 of the American
Concrete Institute.
2. Where provisions of pertinent codes and standards conflict with requirements of
this Section more stringent provisions govern.
1.04 SUBMITTALS
A Furnish Shop Drawings for review by Architect, on reinforcing steel including special
details, bending diagrams, schedules, bar lists, placing diagrams, and accessories. In
addition to provisions in General Conditions, submit reinforcing Shop Drawings prepared
by or under supervision of registered professional engineer. Reproduction (in any form)
of Contract Drawings are not to be used for Shop Drawings. Furnish two prints and one
sepia reproducible of Shop Drawings to Architect for review. Submit related shop
drawings together. Partial submittals will not be accepted.
1 2.01 CONCRETE REINFORCEMENT
1 97017- Walker Park Parking Lot 03200-1
A. Concrete Reinforcement Materials: New, free from rust, and complying with following
reference standards: '
1. Bars for Reinforcement: "Specifications for Deformed Billet -Steel Bars for
Concrete Reinforcement", ASTM A-615, grade 60 unless otherwise shown. '
2. Wire Fabric: "Specifications for Wire Fabric for Concrete Reinforcement", ASTM ,
A-185.
3. Supports, Spacers, and Chairs: Types which will hold reinforcement in position '
shown in accordance with requirements of ACT 318 except as specified:
2.02 OTHER MATERIALS
A. Provide metal accessories, including spacers, chairs, ties, and devices necessary for
properly assembling, placing, spacing, and supporting reinforcement (including welded
wire fabric at 2" from top of slab) in place. Provide materials, not specifically described
but required for complete and proper installation of concrete reinforcement, as selected by
Contractor subject to approval of Architect. ,
PART 3- EXECUTION
3.01 SITE CONDITIONS
A Inspection: ,
1. Carefully inspect installed work of other trades and verify work is complete to '
point where this installation may properly commence. • 2. • -Verify that concrete reinforcement may be installed to`comply with pertinent codes
and regulations, approved Shop Drawings, and original design;•
B. Discrepancies:
1. In event of discrepancy, immediately notify Architect.
2. Do not proceed with installation in areas of discrepancy until discrepancies have
been fiilly resolved. .
3.02 BENDING
A. General: Fabricate reinforcement to comply with approved Shop Drawings. Do not use ,
bars with kinks and bends not shown on Drawings or on approved Shop Drawings. Do
not bend and straighten steel in manner that will injure material
B. Assembly: Tack -welding not acceptable for assembly of reinforcement without specific
approval of the Structural -Engineer. When permitted by Engineer all welding. shall
conform to reinforcing steel welding code (AWS D.12.1) of the American Welding
97017- Walker Park Parking Lot 03200-2 ,
Society.
3.03 PLACING OF REINFORCEMENT
Placing:
1. Support and wire together reinforcing bars to prevent displacement by
' construction loads and placing of concrete. On ground and where necessary,
supporting concrete blocks may be used. Provide at flat formwork, metal or
plastic coated bar chairs and spacers. Provide galvanized, stainless steel or plastic
'
coated accessories where concrete surface will be exposed to weather in finished
structure and where rust would impair architectural finishes.
' 2. Lap welded wire fabric minimum of 12" in structural slabs. Lap minimum of 6" in
slabs on ground. Support mesh in final position in slabs above grade. Lifting of
mesh into final position is permitted for slabs on grade.
3. Do not bend bars after embedded in concrete.
B. Cleaning Reinforcement: Remove loose, flaky rust, mill scale, mud, oil, and related
coatings that will destroy and reduce bond during concrete placement.
C. Splices: Splice where shown on Drawings or approved Shop Drawings.
D. Concrete Reinforcement Protection: If not detailed otherwise, where concrete is
deposited against ground, reinforcement shall have minimum of 3" concrete between it and
' the ground. If concrete surfaces after removal of forms are to be in contact with ground
or exposed to weather, protect reinforcing with minimum of 2" of concrete for bars larger
than No. 5 and 1-1/2" for No. 5 bars and smaller. Provide minimum 3/4" concrete
covering for reinforcing in slabs and 1-1/2" minimum cover in beams at surfaces not
'exposed directly to ground or weather.
IEND OF SECTION 03200
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1.01 DESCRIPTION
SECTION 03300
CAST -IN -PLACE CONCRETE
A. Work Included: Cast -in -place, reinforced concrete required. Provisions of this Section
are applicable to site improvement work as well as to structural concrete at building.
' 1.02 RELATED SECTIONS
A. Concrete Formwork: Section 03100
B. Concrete Reinforcement: Section 03200
1.03 QUALITY ASSURANCE
A. Qualifications of Workmen:
1. Provide foreman at all times during execution of this portion of the Work,
thoroughly trained and experienced in placing type concrete specified and who
shall direct work performed under this Section.
2. Finishing of Exposed Surfaces of Concrete: Use thoroughly trained and
experienced journeyman concrete finishers.
B. Codes and Standards:
I'. In addition to complying with pertinent codes and regulations, comply with
pertinent recommendations of "Building Code Requirements for Reinforced
Concrete", publication ACE 318 of latest issue of the American Concrete Institute.
' 2. Where provisions of pertinent codes and standards conflict with requirements of
this Section more stringent provisions govern.
1.04 LABORATORY TESTING
IA.. All required testing will be performed by testing laboratory selected by Owner. Cost for
laboratory services for concrete tests and mix designs paid by Contractor. Material for
tests furnished by Contractor.
' B. Contractor shall submit three (3) copies of certified laboratory test reports to Architect for
' review.
C. Testing Procedures:
' 1. Material Testing: Laboratory to re -check at plant materials as often as necessary
' 97017- Walker Park Parking Lot
03300-1
to produce concrete of specified strength and consistency including:. ,
(a) Fine aggregate.
• (b) Coarse aggregate.
(c) Cast -in -place concrete.
2. Concrete Slump: 4" with allowable variation of plus or minus 1 inch.
3. Quality Control: As work progresses testing laboratory personnel shall conduct
tests of concrete in accordance with following procedures:
(a) Secure composite samples from the same batch complying with ASTM C '
172.
(b) Perform one (1) slump test for each set of strength test cylinders complying ,
with ASTM C 143.
(c) Make one (1) strength test (4 specimens) for each 40 cubic yards and at
least one (1) set for each day's pour.
(d) Mold four (4) strength test specimens from each sample complying with
ASTM C 31 and protect and cure under standard moisture and temperature ,
conditions in accordance with Section 7 of above ASTM method.
(e) Test two (2) specimens at seven (7) days complying with ASTM C 39. If
specimens for a particular batch test at or above required strength for that
batch, it is not necessary to test the remaining specimens. Hold the
remaining specimens for an additional ninety (90) days in case future
testing is required. If the specimens tested at seven (7) days do not meet or
exceed the desired strength requirements, the remaining iwo (2) specimens
will be tested atten) (28) days... Average strength of.two (2)
specimens from each group tested is basis for acceptance orrejection of
concrete. If tested strength falls below strength specified at twenty-eight
(28) days, Architect has, the right to order the a removal and replacement of
defective concrete at Contractor's expense. If Contractor wishes to obtain ,LLB
• test cores from in -place concrete, cost of coring, testing and patching will
be paid by Contractor.
PART 2- PRODUCTS
2.01 MATERIALS
A. Portland Cement: Conform to ASTM "Standard Specifications for Portland Cement", I.
C150, Type I. Use one brand of cement. Mix shall contain at least 470 lb. of Portland
Cement per cubic yard of concrete.
B. Aggregates: Conform to ASTM "Standard Specifications for Concrete Aggregates", C33.
Provide aggregate of natural sand and gravel or prepared from stone or gravel, free from
adherent coatings. Maximum size of pieces 1", except for footings and foundation walls
97017- Walker Park Parking Lot 03300-2 '
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which may be 1-1/2" maximum size. Use pea gravel aggregate for concrete mix used for
' filling voids in concrete block walls where required.
C. Water: Clean and free from injurious amounts of oils, acids, alkalis, organic materials, and
deleterious substances. Nonpotable water will not be used in concrete mixing.
D. Fly ash will not be allowed.
E. Air Entrainment: Comply with AFPC V2 Tables 1603A and I603C.
2.02 CONCRETE STRENGTHS
IA. Cast -in -place Concrete: Designed to develop 3.500 IF EXPOSED TO WEATHER p.s.i.
minimum compressive strength at 28 days, unless noted otherwise on Structural Drawings.
***Refer to Division 2, SITE CONSTRUCTION for strengths required for various
concrete site improvements.***
2.03 OTHER MATERIALS
' A. Provide materials, not specifically described but required for complete and proper
installation of cast -in -place concrete, selected by Contractor subject to approval of
Architect.
' PART 3- EXECUTION
3.01 MIXING AND PLACING CONCRETE
A. Preparation: Clean equipment for transporting concrete. Remove debris, water, and ice
from places to be occupied by concrete. Remove laitance and unsound material from
' hardened concrete before additional concrete is added.
B. Mixing: Ready -mixed concrete, mixed and delivered in accordance with following
requirements only of ASTM C 94.
I. Tolerances in Slump,
' 2. Measuring Materials,
3. Batching Plant,
4. Mixers and Agitators,
' 5. Mixing and Delivery,
6. Use of Non -Agitating Equipment
7. Inspection.
' C. Conveying: Convey concrete from mixer to place of deposit by methods that prevent
' separation and loss of materials.
D. Placing:
1. Deposit as nearly as practicable in final position to avoid segregation due to
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97017- Walker Park Parking Lot
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rehandling and flowing. Place at rate to assure concrete is plastic and flows readily
into spaces between bars. Do not use concrete contaminated by foreign material
or retempered concrete.
2. When placing is started, carry a continuous operation until placement of panel or
section is completed.
3.02
3.03
E. Hot Weather Concreting: Place, handle, and cure concrete complying with ACI 305.
F. Cold Weather Concreting: Provide adequate equipment for handling concrete materials
and protecting concrete during freezing and near freezing weather. Concrete materials,
reinforcements, forms, and ground in contact with concrete to be free of frost, snow, and
ice. Details of approved procedures are available in ACI 306. Contractor to keep
accurate thermometer on job where the work is proceeding.
PROTECTION OF ADJACENT SURFACES
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A. Contractor responsible for any work soiled and stained by dripping cement, water, or
concrete. Protect same with tarpaulin or similar devices while pouring concrete.
CONSOLIDATION
A. Consolidate concrete by vibration, spading, rodding, or forking. Work around
reinforcement, embedded items and into corner of forms. Over -vibrating and use of vibra-
tors to transport concrete within forms not allowed. When consolidating by vibration,
keep spare vibrator on job site during concrete placing. Use vibrators of length to extend
within 6 inches of bottom o£ freshly poured concrete, vibrator being raised with each
succeeding pour. .
3.04' CONCRETE CURING AND FINISHING
A. Curing Period: Cure concrete for minimum period of 7 days at a temperature above 50°
F. by one of approved methods listed below. Protect fresh concrete from heavy rain, •
lowing water, mechanical injury and from injurious action of sun.
B. Water Curing: If cured with water, keep concrete wet by mechanical sprinklers or by any
approved method which will keep surface continuously wet.
C..-': . Saturated Sand Curing: Cover finished surfaces with minimum 1" thickness of sand,
uniformly distributed and continuously water saturated during entire curing period.
D. Curing Compounds: No chemical curing compounds allowed.
E. Waterproofing Paper or Opaque Polyethylene Film: Conform to ASTM C 171. Cover
concrete immediately following final finishing operation. Anchor securely, seal edges or
apply in manner to prevent moisture escaping from concrete.
F. Concrete Patching: Immediately after stripping forms, examine surfaces. Patch
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honeycombing, defective joints, voids, tie -holes, and defects before concrete is thoroughly
dry. However, make no attempt to correct or fill any honeycomb spots, or any other
defects until they have been examined by Architect and approval obtained as to correction
to be employed. Finish of patch to match adjoining surface.
H.
Slab Finishes, Exterior: Pads and slabs to have broomed finish for non -slip surface
END OF SECTION 03300
97017- Walker Park Parking Lot 03300-5
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1.01 DESCRIPTION
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IA. Work Included: Manufacture, deliver, erect, and install precast concrete units specified.
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B. NO SITE CASTING WILL BE ALLOWED.
1.02 QUALITY ASSURANCE
A. Furnish architectural precast concrete products complying with these specifications
regarding physical requirements, workmanship, texture, and color.
B. Manufacturer: Regularly engaged in manufacture of this type product with inspection and
quality control system and capability to produce precast units at rate that will not cause
delays in Project.
C. Cast in accurate molds designed to withstand high frequency vibration.
D. Execute mix design, casting, finishing and curing using manufacturer's standard quality
controlled production methods. However, the end product of any method must comply
with all the aesthetic and physical characteristics specified.
1.03 SUBMITTALS
A. Product Data: Submit manufacturer's specifications and instructions for manufactured
materials and products. Include manufacturer's certifications and laboratory test reports as
required.
B. Shop Drawings: Submit Shop Drawings showing information for fabrication and
installation of precast concrete units. Indicate member dimensions and cross-section,
location, size and type reinforcement, including special reinforcement and lifting devices
necessary for handling and erection.
C. Provide layout, dimensions, and identification of each precast unit corresponding to
sequence and procedure of installation. Indicate welded connections by AWS standard
symbols. Detail inserts, connections, and joints, including accessories and construction at
openings in precast units.
D. Provide location and details of anchorage devices that are embedded in related
construction. Furnish templates if required for accurate placement.
E. Include erection procedure for precast units and erection sequence.
F. Provide manufacturer's complete design calculations prepared and stamped by registered
97017- Walker Park Parking Lot 03450-1
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engineer.
1.04 DELIVERY, STORAGE AND HANDLING
A. Deliver precast concrete units to Project Site in quantities and at times to assure continuity
of installation. Store units at Project Site to ensure against cracking, distortion, staining,
and physical damage, and so markings are visible. Lift and support units at designated lift
points. -
B. Deliver anchorage items which are embedded in related construction before start of related
work. Provide setting diagrams, templates, instructions and directions required for
installation.
PART 2 -PRODUCTS
2.01 MATERIALS
A. Cement: White (as required for the specified finish) Portland Cement Type I or II
conforming to current edition of ASTM C-150.
B. Fine and Coarse Aggregates: Clean hard, strong and durable inert materials, free of
injurious amounts of deleterious substances complying with ASTM C-33. Use potable
water.
C. Reinforcement: Welded wire fabric with the addition of deformed reinforcing bars
according to design criteria. Use galvanized deformed bars with one inch and less
clearance to an exterior face.
D. Mechanical, electrical, special equipment and anchors, metal jambs and related items for
work of other trades; if required are supplied to manufacturer for casting into units by.
appropriate supplier under thisContract.
E. Anchorage devices; weld plates, inserts, wood milers and lifting handles as furnished and
securely embedded by manufacturer.
2.02 . PHYSICAL QUALITIES
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• A. Concrete Mix: Design to have minimum compression strength of 5000 psi at 28 days
• when tested in 6" x 12" cylinders complying with ASTM C-39 latest revision. -.
• B. Absorption: Not to exceed 5% maximum when tested complying with ASTM C-97 latest
revision.
C. Water Cement Ratio: Not to exceed 5 gallons per sack of cement.
D. If mix designs with known test histories are used and semi -automatic batching equipment
is employed, only certification of compliance to above is required.. If test reports are
requested by architect, same paid for by Owner.
97017- Walker Park Parking Lot 03450-2 '
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E. Unit Tolerances:
1 1. Warpage: Not to exceed 1/8" per 6'-0" length ofpaneL-
1 2. Squareness: No panel more than 1/8" in 6 feet off square.
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3. Location of Anchors and Inserts: Locate plus or minus 3/8" from center line of
location required.
4. Blockouts and Reinforcing. Locate within plus or minus 1/4" of positions
required.
F. Reinforcing and connections shown on Drawings are adequate for normal temperature and
building stresses. Manufacturer is responsible for additional reinforcing and connections
necessary for fabrication, transportation, and erection stresses.
1 2.03 FINISH
A. Smooth sugar cube finish to resemble limestone.
PART 3- EXECUTION
' 3.01 INSTALLATION
A If installation is not performed by manufacturer, Contractor assumes firll responsibility for
the work Employ skilled supervisors and workmen experienced in this type work.
' B. Handle units in a nearly vertical plane at all times. Stack vertically and lean against proper
supports until used, unless otherwise approved by manufacturer.
C. Center in their allotted space according to approved Shop Drawings and securely bolt or
weld as required.
' D. Protect units from staining during installation and after installation.
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E. Caulk joints complying with caulking specifications and details.
F. After work is completed, repair damaged architectural precast concrete products to
satisfaction of Architect, and then wash down and clean entire surface with soap and clear
water, preferably from a hose.
END OF SECTION 03450
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DIVISION 4
MASONRY
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1.01 DESCRIPTION
SECTION 04100
MORTAR
' A. Work Included: Measure, batch, and mix specified type mortar for use in indicated
locations and types of masonry construction as specified.
' 1.02 CLASSIFICATION OF MORTAR
A Classification by Volume Measurements: Unless otherwise approved by Architect,
conform to ASTM C 270 - 89 (or latest version), Table 1, for Cement -lime Mortar.
B. Classification by Test:
1. Strength test, if required, determined with mortar prepared in laboratory selected
' by Architect or Owner, using representative materials and in proportions proposed
for use. Preparation of and curing of mortar and test cubes shall conform to
ASTM Specification C 270 of latest issue. Laboratory tests, if required, paid for
by Contractor.
2. Minimum Compressive Strength at End of 28 Days: Not less than that prescribed
in ASTM C 270 - 89 (or latest version), Table 2, for Cement -lime Mortar.
PART 2- PRODUCTS
2.01 MORTAR MATERIALS
IA Basic Requirements: Conform to ASTM C 270 for materials, aggregate, and water and
for storage, measurement, and mixing. Weights per cubic foot of materials in mortar are
considered as follows:
' MATERIAL WEIGHT PER CUBIC FOOT
Ii. Portland Cement 94 lb.
2. Sand: damp and loose 1 cu. ft. contains 80 lbs. dry sand
3. Hydrated Lime 40 lb.
B. Portland Cement: Type I or Type II conforming to ASTM C 150.
C. Sand: Clean sharp granules, free from loam, acids, alkalies, soluble salts, clay, or organic
matter, conforming to ASTM C 144.
' D. Quicklime for Lime Putty: Conform to ASTM C 5 with lime slaked and putty prepared in
accordance with ASTM C 270. If hydrated lime is used conform to ASTM C 207, Type
' S.
' 97017- Walker Park Parking Lot 04100-1
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E. Mortar for Laying Exterior Masonry: Waterproofed with Sonneborn "Hydrocide", Horn
"Hydratite Liquid", Lambert "Mortartite", or approved equal, measured and mixed into
mortar complying with manufacturer's directions. •
2.02 MORTAR FOR STONE WORK '
A. Composed of 1 part non=staining cement to 3 parts sand with 1/5 part hydrated lime, '
based on volume of cement used. . Pointing mortar composed of 1 part non -staining
cement to not more than 2 parts white sand having sufficient hydrated lime added to make
as stiff a mixture as can be worked. Grout for stonework composed of 1 part non -staining
cement to not more than 1-1/2 parts fine white sand, mixed in small quantities of as thick a
consistency as can be worked into the joints. Stir grout vigorously until used. No tinted
mortar will be allowed. I
PART 3- EXECUTION
3.01 MORTAR MIXING - I
A. Mix complying with manufacturer's instructions. Mix in batches for work immediately on ,
hand. Measure by known capacity volume using barrow, buggy,' manufacturer's packages,
or related containers or by using approved batching device so specified proportions are
consistently maintained. Do not use material that has partially set, been retempered, or
used, frozen, caked, or become lumpy. Mix mortar with proper water amount for
minimum of 3 minutes to desired consistency in batch mixer. No anti -freeze compound '
admixtures permitted. Use mortar of as wet a consistency as can conveniently be handled.
Do not use mortar which has greatly stiffened and in which cementing material has started
to set. Do not retemper mortar.
3.02 MORTAR USES.
A. Use Type "M" mortar for masonry below grade and in contact with earth including ,
foundations, retaining walls, exterior brick pavers, and manholes.
B. Use Type "S" mortar for reinforced engineered masonry.
C. Use Type "N" mortar for general masonry above grade. '
END OF SECTION 04100
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97017- Walker Park Parking Lot 04100-2 ,
SECTION 04150
MASONRY ACCESSORIES
' PART 1 - GENERAL
1.01 DESCRIPTION
' A. Work Included: Furnish and install specified joint reinforcement, anchors, ties, control
joints, and related masonry accessories.
' B. Substitutions:
Ii. Products specified herein establish a quality standard for comparison by
manufacturers of similar products. Products of other manufacturers may be
substituted for those specified herein on an "Approved Equal" basis. DO NOT
' propose the substitution of products that do not meet or exceed the quality
standards established by the specified product. Products proposed as equivalent
MTJST be submitted through the General Contractor for review by the Architect
after the Contract for Construction is awarded. DO NOT request approval of
products prior to the awarding of the contract.
' 2. Supporting technical data, samples, published specifications and the like must be
submitted for comparison.
3. Contractor shall warrant that proposed substitutions, if accepted, will provide
performance equivalent to the materials specified herein.
1.02 PRODUCT HANDLING
A. Protection: Protect masonry accessory materials before, during, and after installation.
'
Protect installed work and materials of other trades.
' B. Replacements: In event of damage, immediately make replacements necessary to approval
of Architect and at Contractor's expense.
' PART 2 -PRODUCTS
2.01 METAL ACCESSORIES
' A. Non-Loadbearing Partition Anchors: Provide mesh wall ties, galvanized 16 gage wire 1/2"
square mesh, by 20" long. Width to be 3" for 4" block partitions, and 2" less than the
' nominal width dimension for 6", 8", 10" and 12" block partitions. Install partition anchors
where concrete block abuts other walls or partitions. Mesh anchors to occur in alternate
joints to miss joint reinforcing.
B. Loadbearing Partition Anchors: Where required, conform to ACT 530.0. Provide Model
301Z by Dur-O-Wal, Inc., or approved equal, 1/4" thick x 1-1/2" wide x 24" long with
ends turned up not less than 2" unless noted otherwise.
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C. C.M.U. Joint Reinforcement and Veneer Ties: Truss type, "Dur-O-Eye" with wire pintels,
high tensile strength, standard weight No.9 steel rods in 10' lengths, in appropriate width.
Vertical spacing as shown on drawings.
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D. C.M.U.
Joint Reinforcement:
Truss type,
high tensile strength, standard weight No.9
steel
rods in 10 ft. lengths, in
appropriate
width. Vertical spacing as shown on drawings.
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E. Reinforcing Bars: Where shown, Grade 60 conforming to ASTM A 615.
F. Corrugated Metal Ties: Not lighter than 20 gage steel, not less than 7/8" wide. Double
looped 10 gage wire ties may be used in lieu of corrugated metal ties.
2.02 FINISHES FOR METAL ACCESSORIES
A. Finish metal accessories according to the following requirements as set forth in
ASCE6/ACI 530.1 and as adopted by SBCCI:
I. Joint Reinforcement, wire ties or anchors,in exterior walls or interior walls
exposed to moist environment: ASTM A153 Class B2
2. Sheet metal ties or anchors completely embedded in mortar or grout: ASTM A525
Class G60
3. Wire ties or anchors in interior walls: ASTM A641 Class 3
4. Sheet metal ties and anchors in exterior walls or interior walls exposed to moist
environment: ASTM A153
2.03 CONTROL JOINTS IN CONCRETE MASONRY UNITS
A. In addition to locations shown on drawings, locate control joints so that spacing does not
exceed 1.5 times height of wall or 30'-0" o.c. for reinforced CMU or 25'-0" o.c. for non -
reinforced CMU.
B. Provide preformed gaskets placed in sash grooves of concrete masonry using Dur-O-Wa►
D/A 2001/2025, or approved equal. Factory extrude from solid section of natural or
synthetic rubber conforming to ASTM D-2000 2AA-805, with minimum curometer
hardness of not less than 80 when tested in accordance with ASTM D 2240.
C. At exposed face of CMU, provide backer rod and sealant in addition to extruded sash
groove control joint.
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D. Provide Duro-wall "Expansion Joint" D/A 2015 as required. ,
PART 3- EXECUTION
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3.01 INSTALLATION OF MASONRY ACCESSORIES
' A. Install masonry accessories at proper stages of masonry construction specified in Section
04200, "Unit Masonry", and as required for performance of proper masonry
workmanship.
' END OF SECTION 04150
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SECTION 04200
UNIT MASONRY & STONE
PART 1- GENERAL
1.01 DESCRIPTION
A. Work Included: Furnish labor, tools, scaffolding, and required equipment, and materials
for masonry construction specified and required to provide high quality masonry
workmanship.
B. Substitutions:
Products specified herein establish a quality standard for comparison by
manufacturers of similar products. Products of other manufacturers may be
substituted for those specified herein on an "Approved Equal" basis. DO NOT
propose the substitution of products that do not meet or exceed the quality
standards established by the specified product. Products proposed as equivalent
MUST be submitted through the General Contractor for review by the Architect
after the Contract for Construction is awarded. DON T request approval of
products prior to the awarding of the contract.
2. Supporting technical data, samples, published specifications and the like must be
submitted for comparison.
Contractor shall warrant that proposed substitutions, if accepted, will provide
performance equivalent to the materials specified herein.
1.02 RELATED SECTIONS
A.
B.
C.
Precast Concrete:
Mortar:
Section 03450
Section 04100
Masonry Accessories: Section 04150
1.03 QUALITY ASSURANCE
IA. Qualifications of Workmen:
I1. For actual cutting and placing of masonry units, use skilled journeyman masons
thoroughly experienced with materials and methods specified and thoroughly
familiar with design requirements.
2. Have one skilled journeyman mason present at all times during execution of work
of this Section who shall personally direct and execute this portion of the Work.
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1.04 SAMPLE PANELS
A. Erect one sample panel for each of the following masonry materials required for this
project:
Stone Materials
B. Each sample panel is to be 2' long by 2' high. Use full size units to show color range,
texture, bond, profile of joints, and workmanship. After approval, panel will be the
standard for minimum workmanship requirements. Do not remove panel until authorized
by Architect.
PART 2- PRODUCTS
2.01 MATERIALS
A. Materials: Meet referenced ASTM Standards, with modifications specified herein.
B. Normal Weight Concrete Blocks (C33):
Use nominal 8" x 16" face, thickness required. Conform to ASTM C90 (Latest
Edition). Type I at exterior if C.M.U. is to be exposed to weather, for hollow
loadbearing concrete masonry units and ASTM C129 (Latest Edition), Type II, for
hollow non-loadbearing concrete masonry units. Cut blocks as required to form
jambs, sills, and. closers. Use normal weight blocks for below grade block work
and at exterior block work that is exposed to weather: Lightweight block may be
used at all other locations unless otherwise stated on Architectural or Structural
Drawings. At Contractors expense, provide certification of ASTM C90 and C129
compliance from certified testing laboratory.
Exposed, exterior concrete block must be manufactured with manufacturer's
recommended amount of integral water repellant "Dry Block System Block
Admix", as manufactured by Forrer Industries, Inc., Milwaukee, Wisconsin, or
approved equal.
C. Reinforced C.M.U. Construction: Conform to the provisions of ANSI A41.2 (NBS
Handbook 74) and/or ACUASCE 530.
D. Packaged Materials: Provide mortar materials specified in Section 04100. Provide
masonry accessories specified in Section 04150. Deliver and store packaged materials,
including cement, in original packages plainly marked with brand and maker's name.
Materials in broken containers and in packages showing water marks and evidence of
damage will be wholly rejected.
E. Concrete Fill: Fill voids in concrete block where required with 3,000 p.s.i. concrete
(unless noted otherwise on structural drawings) using pea gravel for coarse aggregate. Do
not use mortar for this purpose
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2.02 FIELD STONE
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A. • Provide natural colored, weathered field stone. Furnish stone of assorted sizes,
approximately 6" thick for veneer wall and not more than 13" thick for solid wall
construction. Stone face dimensions requirements are not less than 4" x 6" and not more
than 14" x 18". Provide samples for approval by Architect prior to delivery. Stone type,
stone construction techniques, joints, patterns and placement to match the main entry sign
detail at "Gulley Park"- verify prior to bidding.
2.03 MASONRY UNIT COLOR SCHEDULE
A. Match color and texture of stone work and mortar at the sign for Gulley Park. Submit
stone and motar samples proposed for use under this Contract for approval by Architect
prior to ordering stone.
' PART 3- EXECUTION
' 3.01 LAYING CONCRETE BLOCK
A. Lay blocks straight, plumb, and in perfect alignment. Compact vertical and horizontal
joints in concrete block tooling them slightly concave unless otherwise shown. Protect
concrete blocks from weather by covering during storage and after laying. Before using
blocks, dry them to moisture content of approximately the average air-dry condition to
which finished walls will be exposed. Take care to keep mortar off face surface of
exposed blocks. At end ofjob, clean exposed block walls. Where necessary to fit around
wall switches and openings, cut blocks to neat line with power saw. Refer to drawings for
spacing and type of reinforcement and anchors required.
' 3.02 BUILT-IN ITEMS
A. Build in wood blocks, strips, wedges, frames, loose lintels, miscellaneous iron and other
' items furnished by other subcontractors and which may be required for properly securing
their work.
3.03 FREEZING WEATHER
A. Do not lay masonry when outside air temperature is below 40 degrees F., unless suitable
' means are provided to heat masonry materials and to protect completed work from
freezing for at least 48 hours.
1 3.04 CLEANING PREMISES
A. Mason Contractor: Remove rubbish and building materials left over from operations
' under his charge, whenever directed by General Constructor. Premises must be left clear
and clean. When project is completed, completely remove mortar droppings.
3.05 BOND BEAMS
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A. Reinforce bond beams as required and fill with 3,000 p.s.i. minimum compressive 28 -day
strength concrete, unless shown otherwise on structural drawings. Do not use masonry
mortar for this purpose.
POINTING AND CLEANING
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A. Cut out defective mortar joints. Refill solidly with mortar and tool to match adjacent I
work.
B. On completion clean exposed masonry, removing foreign material, excess mortar and
stains. Apply cleaning solution to sample area of approximately 20 square feet at an
inconspicuous location approved by Architect. Use cleaning solution specially
manufactured for this purpose, applying in accordance with manufacturer's directions.
Drench masonry with clean water before applying solution, and after cleaning, rinse with
clean water to remove all traces of solution. Protect materials adjacent to masonry from
contact with cleaning solution.
C. High Pressure Water Cleaning: This method of cleaning will not be allowed on masonry
surfaces unless approved by architect and masonry manufacturer. High pressure water is
to be used to saturate the masonry before cleaning takes place and may be used to rinse
away cleaning solution and foreign particles after cleaning is complete. Allow mortar to
cure for a minimum of seven (7) days before subjecting it to high pressure cleaning. After
consulting with Architect and manufacturer for cleaning recommendations, test clean a
sample panel of all the materials selected for the work. Apply water at a pressure ranging
from 300-500 psi (not to exceed 800 psi). Provide a flow rate of water between 3 and 6
gallons per minute through a "Fan" type, stainless steel tip dispersing a 25° to 50° fan
spray. Do not use less than 15° fan spray tip. Application of acidic cleaning compounds
through the high pressure system will not be allowed. Do not apply sealer until masonry is
completely dry and cleaning has been reviewed by Architect.
LAYING FIELD STONE
A. Lay field stone facing and solid walls uncoursed in random sizes with full mortar joints and
back parged or slushed with waterproof mortar to obtain a solid masonry wall. Rake
mortar joints out 3/4" to 1" deep from, face to stone. Anchor stone facing to backing
using one tie for each square foot of facing area, with ties spaced not more than 16" apart
around perimeter of openings. Provide metal ties using galvanized "Z" wire ties or
galvanized adjustable wire ties made for tying stone to backing. Lay variable thickness
exterior masonry walls using back concealed in -fill.
CLEANING STONE WORK
A. Clean exposed faces of stone work as stone is set and again after completion. Clean stone
with stiff fiber brushes and soap powder solution, rubbing surface vigorously and then
rinsing thoroughly with clean water. For surface stains, use of sand and brushes or related
abrasives will only be permissible insofar as the finish of the stone is not changed.
3.09 SEALING OF FINISHED STONE WALL
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97017- Walker Park Parking Lot .04200-4 1
A. All exterior stone or masonry work shall be waterproffed with sureklean "Weather Seal
Siloxane" sealer as manufactred by Prosco, Inc.
END OF SECTION 04200
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DIVISION 5 -METALS
DIVISION 6 -WOOD AND PLASTIC
DIVISION 7 -THERMAL AND MOISTURE PROTECTION
DIVISION 8- DOORS & WINDOWS
DIVISION 9- FINISHES
DIVISION 10- SPECIALTIES
DIVISION 11- EQUIPMENT
DIVISION 12- FURNISHINGS
DIVISION 13- SPECIAL CONSTRUCTION
DIVISION 14- CONVEYING SYSTEMS
DIVISION 15- MECHANICAL
These specifications conform to the "CSI Masterformat", Document MP -2-1-95, The
Construction Specifications Institute, 601 Madison Street, Alexandria, Virginia
22314.
No work which would be specified as a part of this division is included in this
contract.
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DIVISION 16
ELECTRICAL
SEE ELECTRICAL DRAWINGS FOR
SPECIFICATIONS FOR THIS WORK