HomeMy WebLinkAbout84-99 RESOLUTION1
•
RESOLUTION NO 84-99
A RESOLUTION AWARDING BID NO. 99-58 IN THE AMOUNT
OF $54,655 TO APAC-ARKANSAS, INC., MCCLINTON-
ANCHOR DIVISION, FOR ARKANSAS AVENUE SIDEWALK
RECONSTRUCTION; APPROVING A PROJECT
CONTINGENCY AMOUNT OF $13,489; APPROVING $2,000
FOR MATERIALS TESTING FUNDING; AND APPROVAL OF
A BUDGET ADJUSTMENT TO FULLY FUND THE PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS•
Section 1. That the City Council hereby awards Bid No. 99-58 in the amount of $54,655
to APAC-Arkansas, Inc., McClinton -Anchor Division, for Arkansas Avenue sidewalk
reconstruction; approves a project contingency amount of $13,489; and authorizes the Mayor and
City Clerk to execute an agreement for said amounts. A copy of the agreement is attached hereto
marked Exhibit "A" and made a part hereof.
Section 7 The City Council hereby approves a budget adjustment in the amount of
$70,143 increasing Sidewalk Improvements, Acct. No. 4470 9470 5814 00, Project No. 99060 1 by
decreasing Sidewalk Improvements, Acct. No. 4470 9470 5814 00, Project No 96041 1. A copy
of the budget adjustment is attached hereto marked Exhibit "B" and made a part hereof.
$S§§F a ) APPROVED this _61L day of July , 1999.
/1:� ' •;55
r rr�,�y _��cr APPROV
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i
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ATTEST:
By t /���1�
Heather Woodruff, City Cl r
By.
(Mg 1���
reF d Hanna, Mayor
•
STAFF REVIEW FORM
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of July 06, 1999
•
FROM:
Paul Libertini f/4:• Engineering Public Works
Name Division Department
ACTION REQUIRED: Award the construction contract to APAC-Arkansas, Inc., McClinton -Anchor Division in the amount
of $ 54,654.35; approve project contingency funding of $ 13,488.15; approve materials testing of $ 2,000.00; and approve
the attached budget adjustment.
COST TO CITY:
$ 70,142.50 $ 70,000
Cost of this Request Category/Project Budget
4470-9470-5814.00
Account Number
99060-1
Project Number
$ 70,000
Funds Used To Date
$ -0-
Remaining Balance
Arkansas Avenue
Sidewalk Reconstruction
Category/Project Name
Sidewalk Improvements
Program Name
Sales Tax
Fund
BUD T W:
Budget oor
•
1
mator
Budgeted Item
X Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
itJl
Accounting i' ana•fr
City\ Attomky
Purchasing Officer
6 X949
Date
bate
6 -act -9 (1
Date
a/ AAG
/ /
1 / r
,
l
Auditor
ADA Coordinator
bate
bate
STAFF RECOMMENDATION: Approval of action items listed above.
Sint
2/ '11
Date
Co— tf4i4•
Date
ae
6/4i/4
Date
Cross Reference
New Item: Yes x No
Prev Ord/Res IP
Orig Contract Date:
•
•
STAFF REVIEW FORM
Description Arkansas Avenue Sidewalk Reconstruction
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Page 2
Meeting Date July 06, 1999
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To:
Thru:
From:
Date:
Re:
Fayetteville City Council
Mayor Fred Hanna
Charles Venable, Public Works Director
Don Bunn, Assistant Public Works Director
Jim Beavers, City Engineer
Paul Libertini, Staff Enginee
June 29, 1999
Agenda Request, Council Meeting of July 06, 1999
Arkansas Avenue Sidewalk Reconstruction Contract
1. Staff Recommendation: Staff recommends that the City Council award the construction contract to
APAC-Arkansas, Inc., McClinton -Anchor Division; approve project contingency funding; and approve
the attached budget adjustment to fully fund the project.
2. Project Background: On April 20, 1999, the City Council approved Resolution No. 55-99 approving
a cost-sharing agreement with the University of Arkansas for the removal and replacement of the curbs
and gutters on each side of the road on Arkansas Avenue between Dickson and Maple Streets. This
agreement also included replacing approximately 3,309 square feet of sidewalk located on the east side
of Arkansas Avenue In keeping with the agreement, the Engineering Division has completed in-house
design plans for the removal and replacement of the referenced sidewalk and has advertised the same for
bids on June 6th & June 13th.
3. Estimated Project Costs: Bids were opened on Tuesday, June 22, 1999. The engineer has reviewed
the bids and recommends awarding the contract to the low bidder, McClinton -Anchor Division in the
amount of $ 54,654.35. The estimated total project costs including contingency monies for unforeseen
project expenditures are as follows:
Construction Contract $ 54,654.35
Project contingency $ 13,488.15
Materials testing $ 2,000.00
Total $ 70,142.50
4. Budget Adjustment: A budget adjustment, in the amount of $70,143.00 is attached for review and
approval
•
BID TABULATION
Arkansas Avenue Sidewalk Reconstruction
Fayetteville, Arkansas
CONTRACTOR
McClinton -Anchor Division
Sweetser Construction
BID AMOUNT
$ 59,254.35
$ 73,377.45
McClinton -Anchor's low bid of $ 59,254.35 was within 5% of the Engineer's estimate.
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the day of in the year 1999 by and between
the City of Fayetteville, Arkansas (hereinafter called O R) and APAC-Arkansas, Inc.,
McClinton -Anchor Division (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
Project - Arkansas Avenue Sidewalk Reconstruction:
removal & disposal of existing sidewalks, driveways, steps, walks, and curb & gutter; and
construction of sidewalks, driveways, curbs, access ramps, modular retaining wall, and all
items indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
City of Fayetteville Engineering Dept.
113 W. Mountain
Fayetteville, Arkansas 72701
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all
duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract documents.
City of Fayetteville Page 00500-1
Article 3. CONTRACT TIME.
3.1 The Work shall be completed within 30 calendar days after the date when the Contract
Time commences to run as provided in paragraph 2.3 of the General Conditions, and ready
for final payment in accordance with paragraph 14.13 of the General Conditions.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of the Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus and extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner
and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER Two hundred dollars ($200.00) for each day that
expires after the time specified in paragraph 3.1 for Substantial Completion until the Work
is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect,
refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for
completion and readiness for final payment or any proper extension thereof granted by
OWNER, CONTRACTOR shall pay OWNER Two hundred dollars ($200.00) for each day
that expires after the time specified in paragraph 3.1 for completion and readiness for final
payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts determined
from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below:
4.1 for all Work other than Unit Price Work, an amount equal to the sum of the established
lump sums for each separately identified item of Lump Sum Work; and
4.2 for all Unit Price Work, an amount equal to the sum of the established unit pnce for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in this paragraph 4.2.
City of Fayetteville Page 00500-2
PAYMENT ITEMS
Item
No.
Item Description
Unit
Estimated
Quantity
Unit Price
Extended
Price
1
Mobilization, storage, traffic and pedestrian control,
erosion control, tree protection, protection and
relocation/replacement of all landscaping including
border materials relocation and protection of existing
identified on the plans, and all incidentals not specified
site preparation,
landscaping
brass letters as
elsewhere.
LS
1
$15,800.00
$15,800.00
2
Tree
protection
fencing.
LF
100
$8.00
$800.00
3
Remove and
disposal
of existing sidewalk.
SF
5,372
$0.60
$3,223.20
4
Remove and
driveway curb.
disposal
of existing driveway,
driveway
approach
and
SF
1,540
$0.60
$924.00
5
Remove and
in the field by
disposal
the engineer.
of existing street curb
and
gutter as determined
LF
32
$9.00
$288.00
6
Remove and
concrete curb
disposal
of existing concrete steps, concrete walk
as necessary to construct new concrete access
ramps.
and/or
SF
300
$0.60
$180.00
7
Unclassified
excavation.
CY
50
$25.00
$1,250.00
8
Special
subgrade
plans and/or
hand
at
removal
areas identified
identified
of existing sidewalk,
for special
m the field by
tree
the
existing
root protection
engineer.
base and
on
existing
the
SF
500
$5.00
$2,500.00
9
Select
"hillside"
backfill.
CY
10
$22.00
$220.00
10
Class
7 aggregate
base course (ABC).
Ton
80
$25.00
$2,000.00
11
Construct new
including compaction
4 inch
thickness
of existing
concrete sidewalk
subgrade.
complete
in place
SF
5,534
$2.35
$13,004.90
12
Construct new 4 inch
including compaction
replace and/or match
the field by the engineer.
thickness
existing
of existing
concrete sidewalk
subgrade
concrete walks,
as needed
ramps...
complete
to
as
in place
repair,
directed
in
SF
140
$2.50
$350.00
13
Construct new 6 inch
thickness
concrete sidewalk
complete
in
place.
SF
636
$3.00
$1,908.00
14
Constrict new 6 inch
complete in place including
construction of new
thickness
6
mch
compaction
tapered
concrete
of
integral
driveway approach
existmg subgrade
curbs.
and
SF
1,105
$3.25
$3,591.25
15
Construct new
place including
new 6 mch tapered
4 inch
compaction
integral
thickness
concrete access ramp complete
of existing subgrade and construction
curbs.
in
of
SF
526
$3.00
$1,578.00
16
Special
complete
variable
geotechnical
construction
in place including
thickness (4
fabric
of
inch
placed
new 6 inch thickness
reinforcing
minimum) concrete
by hand over
concrete sidewalk
steel, 6 mil vapor barrier,
rock aggregate
existing tree roots.
and
SF
500
$4.50
$2,250.00
17
Construct new 12
height from 8 inch
inch
minimum
depth modular
to 24
retaining wall
inch maximum.
of variable
SF SA
60
$20.00
$1,200.00
18
Imported topsoil.
CY
32
$25.00
$800.00
19
Painted
island
per detail
3/S5
LS
1
$150.00
$150.00
20
Construct new concrete mountable
curb
per
detail
3/S5.
LF
6
$25.00
$150.00
21
Construct new standard concrete curb and gutter.
LF
20
$15.00
$300.00
22
Construct new standard
modified
concrete curb and
gutter.
LF
162
$13.50
$2,187.00
Total Base Bid Amount
$54,654.35
City of Fayetteville
Page 00500-3
As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER as provided in
paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph
11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed
by ENGINEER as provided in the General Conditions.
5.1.Progress Payments. OWNER shall make progress payments on account of the Contract
Price on the basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER, on or about the 1st day of each month during construction as provided in
paragraphs 5.1.1., 5.1.2, 5.1.3., and 5.1.4 below. All such payments will be measured by the
schedule of values established in paragraph 2.9 of the General Conditions and based on the
number of units completed in the case of Unit Price Work or, in the event there is no
schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER
may withhold, in accordance with paragraph 14.7 of the General Conditions.
90 percent of Work completed (with the balance of 10 percent being
retainage), If Work has been 50 percent completed as determined by the
ENGINEER, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER, on recommendation of
ENGINEER, may determine that as long as the character and progress of the
Work remain satisfactory to them, there will be no additional retainage on
account of work completed, in which case the remaining progress payments
prior to Substantial Completion will be in an amount equal to 100 percent of
the Work completed.
100 percent of materials and equipment not incorporated in the Work but
delivered, suitably stored, and accompanied by documentation satisfactory
to OWNER as provided in paragraph 14.7 of the General Conditions. That
is, if any such items are setup for that type payment in the Specifications.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total
payments to CONTRACTOR to 98 percent of the Contract Price (with the balance
of 2 percent being retainage), less such amounts as ENGINEER shall determine, or
OWNER may withhold, in accordance with paragraph 14.7 of the General
Conditions.
City of Fayetteville Page 00500-4
5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 ofthe General Conditions, OWNER shall pay the remainder ofthe Contract
Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
6.1 CONTRACTOR has examined and carefully studied the Contract Documents (including
the Addenda listed in Article 7) and the other related data identified in the Bidding
Documents including "technical data."
6.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local, and site conditions that may affect cost, progress, performance, or furnishing
of the Work.
6.3 CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws
and Regulations that may affect cost, progress, performance, and furnishing of the Work.
6.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site which have been
identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General
Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the
Supplementary Conditions of the extent of the "technical data contained in such reports and
drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the
General Conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract Documents
and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges
that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness
of information and data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and
carefully studied (or assumes responsibility for having done so) all such additional
supplementary examinations, investigations, explorations, tests, studies, and data concerning
conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or
otherwise which may affect cost, progress, performance, or furnishing of the Work or which
relate to any aspect of the means, methods, techniques, sequences, and procedures of
construction to the employed by CONTRACTOR and safety precautions and programs
incident thereto. CONTRACTOR does not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the performance and
furnishing of the Work at the Contract Price, within the Contract Times, and in accordance
with the other terms and conditions of the Contract Documents.
City of Fayetteville Page 00500-5
•
•
6.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the site that relates to the Work as indicated in the Contract Documents.
6.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the site, reports and drawings identified in the
Contract Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Contract Documents.
6.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract
Documents and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
7.1 This Agreement (pages 1 to 8 , inclusive).
7.2 Performance and Payment Bonds, (Exhibits A and B respectively).
7.3 Certificate of Insurance, (Exhibit C).
7.4 Documentation submitted by CON TRACTOR prior to Notice of Award (Exhibit D).
7.5 General Conditions (pages 1 to 42, inclusive and Exhibit GC -A pages 1 to 2,
inclusive).
7.6 Supplementary Conditions (pages 1 to 14, inclusive).
7.7 Specifications consisting of Divisions 1 through 16 as listed in table of contents
thereof.
7.8 Addenda numbers _ to inclusive.
7.9 Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1
through 6, inclusive with each sheet bearing the following general title:
Arkansas Avenue Sidewalk Reconstruction
7.10 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto:
City of Fayetteville Page 00500-6
7.10.1 Notice to Proceed
7.10.2 All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6
of the General Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as
expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 7. The Contract
Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
Article 8. MISCELLANEOUS.
8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be
bound; and, specifically but without limitation, moneys that may become due and moneys that
are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment no assignment will release or discharge the assignor from any duty
or responsibility under the Contract Documents.
8.3. OWNER and CONTRACTOR each binds itself, it partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
8.4. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken and all remaining provisions shall continue
to be valid and binding upon stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible expressing the intention of the stricken provision.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
quadruplicate. One counterpart each has been delivered to OWNER and ENGINEER, and two
counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents have
been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER
on their behalf.
City of Fayetteville Page 00500-7
This Agreement will be effective on
of the Agreement).
OWNER: City of Fayetteville
By:
Mayor Fred Hanna
[CORPORATE SEAL]
Atte= A te, /-414
Address for giving notices
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
City of Fayetteville
fftitt V (o =1999 (which is the Effective Date
CONTRACTOR: APAC-Arkansas, Inc.,
McClinton -Anchor Division
By:knou) Al.
James A. Cole
Vice President
Attest
Title
[CORPORATE SEAL]
Address for giving notices
License No. 0011841299
Agent for service of process:
i7€ eerYP vafan. ,inaUft
Orr Spamg 9,taa
Lit& Recd. A2 ?no/
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
Page 00500-8
•
•
City of Fayetteville, Arkansas
Budget Adjustment Form
EXHIBIT B
Budget Year
1999
Department: Public Works
Division: Engineering
Program: Sales Tax Capital
Date Requested
June 25,1999
Adjustment #
Project or Item Requested:
$70,143 in the Arkansas Avenue
Improvements Capital Project.
Project or Item Deleted:
$70,143 from the Sidewalk
Improvements Capital Project.
Justification of this Increase:
The additional funding is to cover a
construction contract to provide sidewalks
and testing work.
Justification of this Decrease:
Sufficient funding remains in
capital project to meet 1999
objectives.
Increase Expense (Decrease Revenue)
Account Name Amount Account Number Project Number
Sidewalk Improvements
70,143 4470 9470
5814 00 99060 1
Decrease Expense (Increase Revenue)
Account Name Amount Account Number Project Number
Sidewalk Improvements
70,143 4470 9470
5814 00 96041 1
Approval Signatures
Requested By
Date
pa
n
r,
Cr
/ Date
Date
2.kVN4lC1
Date
741M
Date
dmin. $ . vices Di ' tor
Mayor
Budget Office Use Only
Type: A B C D E
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Blue Copy: Budget & Research / Yellow Copy: Requester C;WATA\FORAINIA.ADJ.3ADJFJ4I.WK4
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Paul Libertini, Engineering
From: Heather Woodruff, City Clerk
Date: July 13, 1999
Attached is a copy of the resolution awarding Bid 99-58 to APAC Arkansas for Arkansas
Avenue Sidewalk reconstruction project. I am also returning five original contracts for you to
distribute. The original resolution and one original contract will be microfilmed and filed with
the City Clerk.
I am returning the project manual which was circulated with the staff review form to be
completed. Please return it when it is completed (You do not have to include an original contract
in my copy).
cc. Yolanda Fields, Internal Auditor
Steve Davis, Budget Coordinator
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Heather Woodruff, City Clerk
From: Paul Libertini, Staff Engine
Date: July 16, 1999
RE: Arkansas Avenue Sidewalk Reconstruction Project
Bid # 99-58
/1
I am forwarding a Project Manual for your records. A copy of the executed agreement, payment
bond, performance bond, certificates of insurance and notice to proceed have been inserted into
the Project Manual.
Thank you for your assistance with this project.
attachment
PROJECT MANUAL.
\s• • Ca on nintuseamy
CITY OF FAYETTEVILLE
ARKANSAS AVENUE
SIDEWALK
RECONSTRUCTION
BID . # 99-58
FAYETTEVILLE,..ARKANSAS
JUNE 1999
p
c
PROJECT MANUAL
CITY OF FAYETTEVILLE
ARKANSAS AVENUE
SIDEWALK
RECONSTRUCTION
BID # 99-58
FAYETTEVILLE, ARKANSAS
JUNE 1999
City of Fayetteville
Arkansas Avenue
Sidewalk Reconstruction
Section 00005
TABLE OF CONTENTS
Section No. Title
00005 Table of Contents
00020 Advertisement for Bids
BIDDING REQUIREMENTS
Pages
05/27/99
00005-1 to 00005-2
00020-1
00100 Instructions to Bidders 00100-1 to 00100-11
00300 Bid Form 00300-1 to 00300-6
00350 Bid Bond 00350-1 to 00350-2
CONTRACT FORMS AND CONDITIONS
00500 Agreement Form Between Owner & Contractor 00500-1 to 00500-11
Exhibit A - Construction Performance Bond
Exhibit B - Construction Payment Bond
Exhibit C - Certificate of Insurance
00700 General Conditions 1 to 42; GCA1 to GCA2
00800 Supplementary Conditions 00800-1 to 00800-14
SPECIFICATIONS
Division 1 - General Requirements
01010 Summary of Work
01025 Measurement and Payment
01027 Applications for Payment
01035 Modification Procedure
01040 Coordination and Meetings
01051 Construction Surveys
01060 Regulatory Requirements
01090 Reference Standards and Abbreviations
01300 Submittals
01310 Progress Schedules
01410 Testing Laboratory Services
01500 Construction Facilities & Temporary Controls
01620 Storage and Protection
01630 Product Options and Substitutions
01700 Contract Closeout
City of Fayetteville
01010-1 to 01010-2
01025-1 to 01025-14
01027-1 to 01027-3
01035-1 to 01035-4
01040-1 to 01040-4
01051-1 to 01051-2
01060-1 to 01060-3
01090-1 to 01090-4
01300-1 to 01300-4
01310-1 to 01310-3
01410-1 to 01410-3
01500-1 to 01500-4
01620-1 to 01620-2
01630-1 to 01630-2
01700-1 to 01700-4
Page 00005-1
Division 2 -
Site Work
02050 Demolition
02100 Site Preparation
02220 Excavation and Embankment
02230 Road Bed Preparation
02261 Site Restoration
02270 Slope Protection and Erosion Control
02580 Pavement Marking
02900 Landscaping
Division 3 - Concrete
02050-1
02100-1
02220-1
02230-1
02261-1
02270-1
02580-1
02900-1
05/27/99
to 02050-2
to 02100-3
to 02220-10
to 02230-6
to 02261-6
to 02270-4
to 02580-5
to 02900-13
03210 Reinforcing Steel 03210-1 to 03210-3
03316 Miscellaneous Concrete Work 03316-1 to 03316-13
City of Fayetteville
Page 00005-1
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05/27/99
Document 00020
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ADVERTISEMENT FOR BIDS
Date: June6& & 13, 1999
' Notice is given hereby that, pursuant to an order of the City Council of the City of Fayetteville,
Arkansas, sealed bids will be received at Room 306, City Hall, 113 West Mountain Street,
Fayetteville, Arkansas, until 10:00 a.m. (local time) on Tuesday, June 22, 1999, for furnishing all
' tools, materials and labor and performing the necessary work for the reconstruction of Arkansas
Avenue Sidewalk for Fayetteville, Arkansas. At this time and place all bids received will be publicly
opened and read aloud.
The work generally consists of:
removal & disposal of existing sidewalks, driveways, steps, walks, and curb & gutter; and
construction of sidewalks, driveways, curbs, access ramps, modular retaining wall, and all
items indicated in the Drawings and Specifications.
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Drawings and specifications are on file and may be examined at the office of the Engineering
Department, City of Fayetteville. Bidders may obtain free copies of these documents from this
office (Suppliers will be charged $25.00 for the drawings and specifications which is not
refundable).
The bidders shall make such inspection and studies of the site of the work as to familiarize
themselves with all conditions to be encountered.
Bid security, as defined in the Instructions To Bidders, in the amount of 5 percent of the Bid must
accompany the Bid.
Bidding Documents can be reviewed at the:
City of Fayetteville
Engineering Department
113 W. Mountain
Fayetteville, AR 72701
(Phone: 501-575-8206)
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond as
security for the faithful performance and the payment of all bills and obligations arising from the
performance of the Work.
No Bids may be withdrawn within a period of 60 days after the date fixed for opening Bids.
Bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended.
The City Council reserves the right to reject any or all bids, to waive irregularities in the Bids and
bidding deemed to be in the best interests of the City Council, and to reject nonconforming,
nonresponsive, or conditional Bids.
/s/ Peggy Vice
Peggy Vice, Purchasing Officer
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Section 00100
INSTRUCTIONS TO BIDDERS
DEFINED TERMS
1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have
the meanings assigned to them in the General Conditions. Certain additional terms used in
these Instructions to Bidders have the meanings indicated below which are applicable to both
the singular and plural thereof.
1.2 Bidder - one who submits a Bid directly to Owner as distinct from a sub -bidder, who submits
a bid to a Bidder.
1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the
bidding procedures are to be administered.
1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom Owner (on the
basis of Owner's evaluation as hereinafter provided) makes an award.
2. COPIES OF BIDDING DOCUMENTS
2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any,
stated in the Advertisement for Bids may be obtained from the Issuing Office.
2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither Owner nor
Engineer assume any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms
do so only for the purpose of obtaining Bids for the Work and do not confer a license or
grant for any other use.
3. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
3.1 Bidders are advised that the Drawings and Specifications are on file at the City of
Fayetteville Engineering Department, and shall constitute all of the information which the
Owner shall furnish. No other information given or sounding made by the Owner or any
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official thereof, prior to the execution of said contract, shall ever become a part of, or change
the contract, drawings, specifications and estimates, or be binding on Owner.
Prior to submitting any Bid, Bidders are required to: read carefully the Specifications,
contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully
examine local conditions; inform themselves by their independent research and sounding of
the difficulties to be encountered, and all attending circumstances affecting the cost of doing
the work, and the time specified for its completion; and obtain all information required to
make an intelligent bid.
3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things
which are necessary for full and complete information upon which the bid may be made and
for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices
bid by the Contractor, contains a statement that all bids are made with the full knowledge of
the difficulties and conditions that may be encountered, the kind, quality and quantity of the
plans, work to be done, excavation, and materials required and with full knowledge of the
drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds.
3.3 Bidders shall promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies
which Bidder has discovered in or between the Contract Documents and such other related
documents.
' 3.4 Information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based upon information and data
furnished to Owner and Engineer by owners of such Underground Facilities or others, and
' Owner and Engineer do not assume responsibility for the accuracy or completeness thereof
unless it is expressly provided otherwise in the Supplementary Conditions.
3.5 On request, Owner will provide each Bidder access to the site to conduct such examinations,
investigations, explorations, tests, and studies as each Bidder deems necessary for
submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former
conditions upon completion of such explorations, investigations, tests, and studies.
3.6 Reference is made to the General Requirements for the identification of the general nature
of work that is to be performed at the site by Owner or others (such as utilities and other
prime contractors) that relates to the work for which a Bid is to be submitted. On request,
' and as available, Owner will provide to each Bidder, for examination, access to or copies of
Contract Documents (other than portions thereof related to price) for such work.
' 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article 3, that without exception the Bid
is premised upon performing and furnishing the Work required by the Contract Documents
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and applying the specific means, methods, techniques, sequences, or procedures of
construction (if any) that may be shown or indicated or expressly required by the Contract
I. Documents, that Bidder has given Engineer written notice of all conflicts, errors,
ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and
that the written resolutions thereof by Engineer are acceptable to Bidder, and that the
' Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performing and furnishing the Work.
' 4. AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS
4.1 The lands upon which the Work is to be performed, rights -of -way and easements for access
thereto and other lands designated for use by Contractor in performing the Work are
identified in the Contract Documents. All additional lands and access thereto required for
' temporary construction facilities, construction equipment, or storage of materials and
equipment to be incorporated in the Work are to be obtained and paid for by Contractor.
Easements for permanent structures or permanent changes in existing facilities are to be
' obtained and paid for by Owner unless otherwise provided in the Contract Documents.
5. INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA
' 5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to
the true meaning of any part of the proposed Contract Documents or finds discrepancies in
or omissions from any part of the proposed Contract Documents, he should submit a written
request for interpretation thereof to the Engineer not later than seven days before the date set
for bid opening. The person submitting the request shall be responsible for its prompt
' delivery.
5.2 Interpretation or correction of proposed Contract Documents will be made only by
Addendum to all holders of Bidding Documents. Only questions answered by formal written
Addenda will be binding. Oral and other interpretations or clarifications will be without
' legal effect. Owner will not be responsible for any other explanations or interpretations of
the proposed Contract Documents.
' 5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by
Owner or Engineer.
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APPROXIMATE ESTIMATE OF QUANTITIES
6.1 Engineer's estimate of quantities, on file at the City Engineer's office, is approximate only
and shall be the basis for receiving unit price bids for each item but shall not be considered
by Bidders as actual quantities that may be required for the completion of the proposed work.
However, such quantities, at the unit and lump sum prices bid for each item, shall determine
the amount of each bid for comparison of Bids and aid in determining the low and responsive
Bidder for the purpose of awarding the contract, and will be used as basis for fixing the
amount of the required Bonds.
UNIT PRICES
7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump
Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools,
equipment, and apparatus of every description to construct, erect, and finish completely all
of the work as called for in the Specifications or indicated on the Drawings.
7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the
work to be done. Bids which appear unbalanced and are deemed not to be in the best interest
of Owner may be rejected at the discretion of Owner.
7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and
the Work required, and has reviewed the Drawings and Specifications to verify the full scope
of the Work.
8. BID FORM
8.1 Bids are due as indicated in the Advertisement For Bids.
8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. Bid
Form shall not be removed from the bound Project Manual, nor shall bids be submitted on
a photocopy of the Bid Form. The unit price or lump sum bid for each item must be stated
in figures and in words in the appropriate blank spaces provided on the Bid Form. The
figures must be clear and distinctly legible so that no question can arise as to their intent and
meaning. In case of a difference in the written words and figures, the amount stated in
written words shall govern. Discrepancies between the multiplication of units of Work and
unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated
sum of any column of figures and the correct sum thereof will be resolved in favor of the
correct sum.
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8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions
not called for, erasures, alterations, or irregularities of any kind or which do not comply with
these Instructions to Bidders may be rejected as informal or non -responsive at the option of
Owner. However, Owner reserves the right to waive technicalities as to changes, alterations,
or revisions and to make the award in the best interest of Owner.
8.4 Address bids to Owner, and deliver to the address given in the Advertisement For Bids on
or before the day and hour set for opening the bids. Enclose the completed Bid Form and
Project Manual in a sealed envelope bearing the title of the project, the name of the Bidder,
Bidder's Arkansas Contractor's License number, and the date and hour of the bid opening.
If this sealed envelope is delivered by a public carrier, it must be contained in another
envelope addressed to Owner and the attention of the project name. It is the sole
responsibility of Bidder to see that the Bid is received on time.
8.5 No Bidder shall divulge the information in the Bid to any person whomsoever, except those
having a partnership or other financial interest with him in the Bid, until after the bids have
been opened.
9. SIGNATURE ON BIDS
9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed
by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm
name and the names of each member must be given, and the Bid signed by a member of the
partnership, or a person duly authorized. If the Bid is made by a company or corporation,
the company or corporate name must be given and the Bid signed by an officer or agent duly
authorized. The corporate seal must be affixed and attested by the secretary or an assistant
secretary. The corporate address and state of incorporation must be shown below the
signature.
9.2 All names must be typed or printed in black ink below the signature.
9.3 The address and telephone number for communications regarding the Bid must be shown.
9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing
and filed with Owner.
9.5 The Bid shall also contain a signed acknowledgement of receipt of all Addenda.
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10. BID SECURITY
10.1 Bid security, in the form of a bid bond, certified check, or similar financial instrument, in the
amount stated in the Advertisement For Bids, must accompany each bid. Bid bonds for the
difference in price between low bidder and second low bidder will not be acceptable. The
Successful Bidder's security will be retained until Owner receives a signed Agreement and
required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and
deliver the Agreement and furnish the required contract security within fifteen days after the
Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder
will be forfeited.
10.2 The Owner reserves the right to retain the security of the three low bidders until the
Successful Bidder enters into the Contract or until 60 days after bid opening, whichever is
sooner. Cash equivalent security of the second and third low bidder may be exchanged for
an equivalent bid bond after bid tabulations are complete or 30 days after bid opening,
whichever is sooner. If any Bidder refuses to enter into an Agreement, Owner may retain
Bidder's bid security as liquidated damages but not as a penalty.
' 11. PERFORMANCE BOND AND PAYMENT BOND
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11.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a
payment Bond, equal to one hundred percent of the contract price.
11.2 Contractor is to pay all expense in connection with the obtaining of said Bonds. The Bonds
shall be conditioned that Contractor shall faithfully perform the contract and shall pay all
indebtedness for labor and materials furnished or performed in the construction of such
alterations and additions as prescribed in this contract.
11.3 The surety company issuing the Bonds must be a solvent company on the "Surety Companies
Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be
issued in an amount greater than the underwriting limitations for the surety company as set
out therein.
11.4 In Arkansas, prevailing law requires that performance and payment Bonds on public works
contracts shall be executed by a resident local agent who is licensed by the Insurance
Commissioner to represent the surety company executing said Bonds and filing with such
Bonds his Power of Attorney as his authority. The mere countersigning of the Bonds will
not be sufficient.
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11.5 The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the
contract. At least six originals of the Bonds shall be furnished, each with Power of Attorney
attached.
11.6 Bonds are to be approved by Owner. If any Bonds contracted for become unsatisfactory or
unacceptable to Owner after the acceptance and approval thereof, Contractor, upon being
notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts
herein specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be
canceled at the discretion of Contractor.
12. CONTRACT TIME
12.1 The number of days within which, or the dates by which the Work is to be substantially
completed and also completed and ready for final payment is outlined in the Bid Form.
' 13. LIQUIDATED DAMAGES
' 13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form.
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14. SUBCONTRACTORS SUPPLIERS AND OTHERS
14.1 Contractor shall not assign or sublet all or any part of this contract without the prior written
approval of Owner nor shall Contractor allow such subcontractor to commence work until
approval of workman's compensation insurance and public liability insurance as may be
required. Approval of each subcontract by Owner will in no manner release Contractor from
any obligations as set out in the Drawings, Specifications, contract, and Bonds.
15. SUBSTITUTE AND "OR EQUAL" ITEMS
15.1 The contract, if awarded, will be on the basis of materials and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or
"or -equal" items. However, a substitute or "or -equal" item of material or equipment may be
furnished or used by Contractor if acceptable to Engineer. Application for such acceptance
will not be considered by Engineer until after the Effective Date of the Agreement. The
procedure for submission of any such application by Contractor and consideration by
Engineer is set forth in the General Conditions and may be supplemented in the General
Requirements.
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16. COMPLIANCE WITH STATE LICENSING LAW
16.1 Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts
of 1965, the "Arkansas State Licensing Law for Contractors". Bidders who submit Bids in
excess of $20,000 must submit evidence of their having a contractor's license before their
Bids will be considered, and shall note their license number on the outside of the envelope
containing the Bid Form and on the Bid Form.
17. QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS
17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit
within five days after bid opening, upon Owner's or Engineers's request, detailed written
evidence such as financial data, present commitments, and other such data as may be called
for. Each Bid must contain evidence of Bidder's qualification to do business in the State of
Arkansas.
18. DISQUALIFICATIONS OF BIDDERS
18.1 Any one or more of the following may be considered as sufficient for the disqualification of
bidders and the rejection of Bids.
18.2 More than one Bid Form for the same work from an individual, firm, partnership, or
corporation under the same or different names.
18.3 Evidence of collusion among bidders. Participants in such collusion may receive no
recognition as bidders for any future work.
18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices
for other items, or changes written in, or amendments by letter, or failure to submit a unit
price for each item of work for which a bid price is required by the Bid Form, or failure to
include all required contract documents.
18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment
statements submitted. Lack of responsibility as shown by past work judged from the
standpoint of workmanship and progress.
18.6 A bid by an unlicensed contractor bidding under a licensed contractor's name.
18.7 Uncompleted work which, in the judgement of Owner, might hinder or prevent the prompt
completion of additional work if awarded.
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I18.8 Being in arrears on existing contracts, in litigation with Owner, or having defaulted on a
previous contract.
' 19. OPENING OF BIDS
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19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in
a room to be designated by Owner the day of the bid opening. An abstract of the amounts of
the base Bids and major alternates (if any) will be made available to Bidders after the
opening of Bids.
1 20. CONSIDERATION OF BIDS
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20.1 After the bids are opened and read, the quantities will be extended and totaled in accordance
with the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder.
20.2 In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the
Bids comply with the prescribed requirements, and such alternates, unit prices, and other data
as may be requested in the Bid Form or prior to the Notice of Award.
20.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and
other persons and organizations proposed for those portions of the Work as to which the
identity of Subcontractors, Suppliers, and other persons and organizations must be submitted
as provided in the Supplementary Conditions. Owner also may consider the operating costs,
maintenance requirements, performance data, and guarantees of major items of materials and
equipment proposed for incorporation in the Work when such data is required to be
submitted prior to the Notice of Award.
21. RIGHT TO REJECT BIDS
21.1 Owner reserves the right to reject any and all Bids, to waive technicalities, and to advertise
for new bids. All Bids are subject to this reservation. Owner reserves to itself the right to
decide which shall be deemed the lowest responsive and responsible Bid. Due consideration
will be given to the reputation, financial ability, experience and equipment of the Bidder.
21.2 Owner also reserves the right to waive informalities not involving price, time or changes in
the Work and to negotiate contract terms with the Successful Bidder.
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22. AWARDING OF CONTRACT
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' 22.1 Owner reserves the right to withhold the awarding of a contract a reasonable period of time
from the date of opening bids, not to exceed 60 days except with the consent of the
Successful Bidder. The awarding of a contract upon a successful Bid shall give the Bidder
' no right to action or claim against Owner upon the contract until the contract is reduced to
writing and signed by the contracting parties. The letting of a contract shall not be complete
until the contract is executed and the necessary Bonds approved.
23. RETAINAGE
23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of
retainage are set forth in the Agreement.
24. SIGNING OF AGREEMENT
24.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by
the number of unsigned counterparts of the Agreement as indicated in the Supplementary
Conditions, with all other written Contract Documents attached. Within two (2) days
thereafter, Contractor shall sign and deliver the required number of counterparts of the
Agreement and attached documents to Owner with the required Bonds & Certificate of
Insurance. Within ten (10) days thereafter Owner shall deliver one fully signed counterpart
to Contractor.
25. MATERIALS GUARANTY
25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of
the origin, composition, or manufacture of any or all materials proposed to be used in the
construction of the Work, together with samples, which may be subjected to tests provided
for in the Specifications to determine their quality and fitness for the Work.
26. FAMILIARITY WITH LAWS
26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or the
materials or equipment used, or that in any way affect the Work and shall in all respects
comply with said laws, ordinances, and regulations. No claim of misunderstanding or
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ignorance on the part of Contractor will in any way serve to modify the provisions of the
contract. No representations shall be binding unless embodied in the contract.
27
27.1
ADDITIONAL LAWS AND REGULATIONS
Bidders' attention is called to the following laws and regulations which may have an impact
on the Work and on the preparation of the Bid.
Americans With Disabilities Act
27.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by
the Arkansas Department of Pollution Control & Ecology under a general permits program.
Contractor may be required to obtain coverage under general permit ARR001000 prior to
commencing work at the site.
27.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993.
END OF INSTRUCTIONS TO BIDDERS
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' AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the day ofj in the year 1999 by and between
the City of Fayetteville, Arkansas (hereinafter called OWNER) and APAC-Arkansas, Inc.,
' McClinton -Anchor Division (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
' Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
Project - Arkansas Avenue Sidewalk Reconstruction:
removal & disposal of existing sidewalks, driveways, steps, walks, and curb & gutter; and
construction of sidewalks, driveways, curbs, access ramps, modular retaining wall, and all
items indicated in the Drawings and Specifications.
Article 2. ENGINEER
The Project has been designed by
City of Fayetteville Engineering Dept.
113 W. Mountain
Fayetteville, Arkansas 72701
who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all
duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract documents.
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Article 3. CONTRACT TIME.
3.1 The Work shall be completed within 30 calendar days after the date when the Contract
Time commences to run as provided in paragraph 2.3 of the General Conditions, and ready
for final payment in accordance with paragraph 14.13 of the General Conditions.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of the Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus and extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner
and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER Two hundred dollars 200.00 for each day that
expires after the time specified in paragraph 3.1 for Substantial Completion until the Work
is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect,
refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for
completion and readiness for final payment or any proper extension thereof granted by
OWNER, CONTRACTOR shall pay OWNER Two hundred dollars ($200.00) for each day
that expires after the time specified in paragraph 3.1 for completion and readiness for final
payment.
Article 4. CONTRACT PRICE.
' OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts determined
from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below:
' 4.1 for all Work other than Unit Price Work, an amount equal to the sum of the established
lump sums for each separately identified item of Lump Sum Work; and
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in this paragraph 4.2.
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PAYMENT ITEMS
Item
Estimated
No.
Item Description
Unit
Quantity
Unit Price
Extended
Price
1
Mobilization, storage, traffic and pedestrian control, site preparation,
LS
1
$15,800.00
$15,800.00
erosion control, tree protection, protection and
relocation/replacement of all landscaping including landscaping
border materials, relocation and protection of existing brass letters as
identified on the plans, and all incidentals not specified elsewhere.
2
Tree protection fencing.
LF
100
$8.00
$800.00
3
Remove and disposal of existing sidewalk.
SF
5,372
$0.60
$3,223.20
4
Remove and disposal of existing driveway, driveway approach and
SF
1,540
$0.60
$924.00
driveway curb.
5
Remove and disposal of existing street curb and gutter as determined
LF
32
$9.00
$288.00
in the field by the engineer.
6
Remove and disposal of existing concrete steps, concrete walk and/or
SF
300
$0.60
$180.00
concrete curb as necessary to construct new concrete access ramps.
7
Unclassified excavation.
CY
50
$25.00
$1,250.00
8
Special hand removal of existing sidewalk, existing base and existing
SF
500
$5.00
$2,500.00
subgrade at areas identified for special tree root protection on the
plans and/or identified in the field by the engineer.
9
Select "hillside" backfill.
CY
10
$22.00
$220.00
10
Class 7 aggregate base course (ABC).
Ton
80
$25.00
$2,000.00
11
Construct new 4 inch thickness concrete sidewalk complete in place
SF
5,534
$2.35
$13,004.90
including compaction of existing subgrade.
12
Construct new 4 inch thickness concrete sidewalk complete in place
SF
140
$2.50
$350.00
including compaction of existing subgrade as needed to repair,
replace and/or match existing concrete walks, ramps... as directed in
the field by the engineer.
13
Construct new 6 inch thickness concrete sidewalk complete in place.
SF
636
$3.00
$1,908.00
14
Construct new 6 inch thickness concrete driveway approach
SF
1,105
$3.25
$3,591.25
complete in place including compaction of existing subgrade and
construction of new 6 inch tapered integral curbs.
15
Construct new 4 inch thickness concrete access ramp complete in
SF
526
$3.00
$1,578.00
place including compaction of existing subgrade and construction of
new 6 inch tapered integral curbs.
16
Special construction of new 6 inch thickness concrete sidewalk
SF
500
$4.50
$2,250.00
complete in place including reinforcing steel, 6 mil vapor barrier,
variable thickness (4 inch minimum) concrete rock aggregate and
geotechnical fabric placed by hand over existing tree roots.
17
Construct new 12 inch depth modular retaining wall of variable
SF SA
60
$20.00
$1,200.00
height from 8 inch minimum to 24 inch maximum.
18
Imported topsoil.
CY
32
$25.00
$800.00
19
Painted island per detail 3/S5
LS
1
$150.00
$150.00
20
Construct new concrete mountable curb per detail 3/S5.
LF
6
$25.00
$150.00
21
Construct new standard concrete curb and gutter.
LF
20
$15.00
$300.00
22
Construct new standard modified concrete curb and gutter.
LF
162
$13.50
$2,187.00
Total Base Bid Amount
S54,654.35
' City of Fayetteville Page 00500-3
' As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER as provided in
' paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph
11.9.2 of the General Conditions.
' Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed
by ENGINEER as provided in the General Conditions.
5.1.Progress Payments. OWNER shall make progress payments on account of the Contract
' Price on the basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER, on or about the 1st day of each month during construction as provided in
paragraphs 5.1.1., 5.1.2, 5.1.3., and 5.1.4 below. All such payments will be measured by the
' schedule of values established in paragraph 2.9 of the General Conditions and based on the
number of units completed in the case of Unit Price Work or, in the event there is no
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schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER
may withhold, in accordance with paragraph 14.7 of the General Conditions.
90 percent of Work completed (with the balance of 10 percent being
retainage), If Work has been 50 percent completed as determined by the
ENGINEER, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER, on recommendation of
ENGINEER, may determine that as long as the character and progress of the
Work remain satisfactory to them, there will be no additional retainage on
account of work completed, in which case the remaining progress payments
prior to Substantial Completion will be in an amount equal to 100 percent of
the Work completed.
100 percent of materials and equipment not incorporated in the Work but
delivered, suitably stored, and accompanied by documentation satisfactory
to OWNER as provided in paragraph 14.7 of the General Conditions. That
is, if any such items are setup for that type payment in the Specifications.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total
payments to CONTRACTOR to 98 percent of the Contract Price (with the balance
of 2 percent being retainage), less such amounts as ENGINEER shall determine, or
OWNER may withhold, in accordance with paragraph 14.7 of the General
Conditions.
' City of Fayetteville Page 00500-4
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5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with
' paragraph 14.13 ofthe General Conditions, OWNER shall pay the remainder ofthe Contract
Price as recommended by ENGINEER as provided in said paragraph 14.13.
' Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
' 6.1 CONTRACTOR has examined and carefully studied the Contract Documents (including
the Addenda listed in Article 7) and the other related data identified in the Bidding
Documents including "technical data."
' 6.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local, and site conditions that may affect cost, progress, performance, or furnishing
' of the Work.
6.3 CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws
and Regulations that may affect cost, progress, performance, and furnishing of the Work.
6.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site which have been
' identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General
Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the
Supplementary Conditions of the extent of the "technical data" contained in such reports and
' drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the
General Conditions.
' CONTRACTOR acknowledges that such reports and drawings are not Contract Documents
and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges
that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness
' of information and data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and
carefully studied (or assumes responsibility for having done so) all such additional
' supplementary examinations, investigations, explorations, tests, studies, and data concerning
conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or
' otherwise which may affect cost, progress, performance, or furnishing of the Work or which
relate to any aspect of the means, methods, techniques, sequences, and procedures of
construction to the employed by CONTRACTOR and safety precautions and programs
incident thereto. CONTRACTOR does not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the performance and
furnishing of the Work at the Contract Price, within the Contract Times, and in accordance
with the other terms and conditions of the Contract Documents.
City of Fayetteville Page 00500-5
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6.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the site that relates to the Work as indicated in the Contract Documents.
6.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the site, reports and drawings identified in the
Contract Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Contract Documents.
6.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract
Documents and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
' 7.1 This Agreement (pages 1 to 8 , inclusive).
' 7.2 Performance and Payment Bonds, (Exhibits A and B respectively).
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7.3 Certificate of Insurance, (Exhibit C).
7.4 Documentation submitted by CONTRACTOR prior to Notice of Award (Exhibit D).
7.5 General Conditions (pages 1 to 42, inclusive and Exhibit GC -A pages 1 to 2,
inclusive).
' 7.6 Supplementary Conditions (pages 1 to 14, inclusive).
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7.7 Specifications consisting of Divisions 1 through 16 as listed in table of contents
thereof.
' 7.8 Addenda numbers _ to _, inclusive.
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7.9 Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1
through 6, inclusive with each sheet bearing the following general title:
Arkansas Avenue Sidewalk Reconstruction
7.10 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto:
ICity of Fayetteville Page 00500-6
1 7.10.1 Notice to Proceed
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7.10.2 All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6
of the General Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as
expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 7. The Contract
Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
Article 8. MISCELLANEOUS.
8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
8.2. No assignment by aparty hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be
bound; and, specifically but without limitation, moneys that may become due and moneys that
are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment no assignment will release or discharge the assignor from any duty
or responsibility under the Contract Documents.
8.3. OWNER and CONTRACTOR each binds itself, it partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
8.4. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken and all remaining provisions shall continue
to be valid and binding upon stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible expressing the intention of the stricken provision.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
quadruplicate. One counterpart each has been delivered to OWNER and ENGINEER, and two
counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents have
been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER
on their behalf.
' City of Fayetteville
Page 00500-7
' This Agreement will be effective on ,T . 1999 (which is the Effective Date
of the Agreement).
' OWNER: City of Fayetteville
CONTRACTOR: APAC-Arkansas, Inc.,
McClinton -Anchor Division
1 /]
By: By: �(vrn.�,cl 4. I o
Mayor Fred Hanna James A. Cole
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Vice President
Title
[CORPORATE SEAL] [CORPORATE SEAL]
' Attest4f 4/dy Attest
tS2C
Address for giving notices Address for giving notices
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(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
License No. 0011841299
Agent for service of process:
14€ & nvcff i� 8M
≤tAThit
t, Aa 7zzol
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
ICity of Fayetteville Page 00500-8
Arkansas Statutory Perfonance and Payment Bond
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APAC-ARKANSAS, INC., MCCLINTON-ANCHOR DIVISION
as Principal, hereinafter called Principal, and
LIBERTY MUTUAL INSURANCE COMPANY
as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
as Obligee, hereinafter called Owner, in the amount of
FIFTY-FOUR THOUSAND SIX HUNDRED FIFTY-FOUR AND 35/100
($54,654.35) * * * -
for the payment whereof Principal and Surety bind themselves, their
heirs, personal representatives, successors and assigns, jointly and
severally, firmly by these presents.
Principal has by written agreement dated
entered into a contract with the Owner for:
ARKANSAS AVENUE SIDEWALK RECONSTRUCTION
FAYETTEVILLE, ARKANSAS
which contract is by reference made a part hereof, and is hereinafter
referred to as the Contract.
The condition of this obligation is such that if the Principal
shall faithfully perform the Contract on his part and shall fully
indemnify and save harmless the Owner from all cost and damage which
he may suffer by reason of failure so to do and shall fully reimburse
and repay the Owner all outlay and expense which the Owner may incur
in making good any such default, and further, that if the Principal
shall pay all persons all indebtedness for labor or materials
furnished or performed under said Contract, failing which such persons
shall have a direct right of action against the Principal and Surety,
jointly and severally, under this obligation, subject to the Owner's
priority, then this obligation shall be null and void; otherwise it
shall remain in full force and effect.
No suit, action or proceeding shall be brought on this bond outside
the State of Arkansas. No suit, action or proceeding shall be brought
on this bond except by Owner, unless it is brought in accordance with
A.C.A. Section 22-9-403(b) and A.C.A. Section 18-44-503(b) (Supp.1987)
as amended. No suit, action or proceeding shall be brought by the
Owner after two years from the date on which the final payment under
the Contract falls due.
Any alterations which may be made in the terms of the Contract, or
in the work to be done under it, or the giving by the Owner of any
extension of time for the performance of the Contract, or any other
forbearance on the part of either the Owner or the Principal to the
other shall not in any way release the Principal and the Surety
or Sureties, or either or any of them, their heirs, personal
representatives, successors or assigns from their liability hereunder,
notice to the Surety or Sureties of any such alteration, extension or
forbearance being hereby waived. In no event shall the aggregate
liability of the Surety exceed the sum set out herein.
This bond given in compliance with Act 351 of 1953 as amended.
Executed
APAC-ARiCA�TS�:S ,
By: (4tVflLC
3AMES A. C
LIBERTY MUTUAl
By:
INC., MCCLINTON-ANCHOR DIVISION
INSURANCE COMPANY
Attorney -in -fact
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. ^ p 62&4
Thls�Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the
manner and to the extent herein stated. .
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY ! -
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts
mutualinsurance company, pursuant to and by authority of, the By-law and Authorization hereinafter. set forth, does hereby name,
constitute and appoint,
SHEILLA J. , SMITH, BENSON A. ;CASHION; KNIGHT.-'CASHION, MATTHEW KNIGHT
CASHION, JR.,:'WILLIAM 'R::.PLEGGE, WILLIAM H. GRIFFIN;JUDY.SCHOGGEN, ALL,OFTHE CITY OF LITTLE
ROCK, STATE OF ARKANSAS .....: ............................
.........................:.:.:..:........ .................
...........•......... ..... . ....... •. .. ..... ................
......: ............. .;......... ... .... ...... .............. .......... II. ..
each individually if there be more than one named, its trueand attorney -in -fact to make, execute,. seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deeif;',any and all undertakings bondsrecognizances•-and other surety:obligations in the penal sum not exceeding
TWENTY-FIVE MILLION"«**********:*** ************** DOLLARS ($ 25,000,000'********* ) each, and the execution of such bonds or
undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by
the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
_ - ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
m - - Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such
limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the
company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds; recognizances and other surety
obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
- company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such
C) instruments shall be as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact:
> Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys -in -fact
as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations.
rn That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance
Company hasibTeyaffixed thereto in Plymouth Meeting, Pennsylvania this 2nd day of September 19 98
LIBERTY MUTUAL INSURANCE COMPANY -
)N ^ -
C: Y Garnet W. Elliott, Assistant Secretary - -
0; COMMONWEALTH OF PENNSYLVANIA -1 ss 1 - - -
COUNTY OF MONTGOMERY
! On this - 2nd - day
I Of September , A.D. 19 98 , before me, a h
me to bethe therein desc' idual and officer of Liberty Mutual Insurance Company who
ged that he executed aria --a - the seal affixed to the said ,preceding .instrument is c
seal and his signatu as duly affixed and subscribed to the said instrument
F • t
IN TESTIMO REOF J, 'set my hand an affix my official seat at Plymou M
* * OF - ffO1AFIAL SEAL
DONNA E SHAELn5. Nolnry Pubbc CV
Plymcu•RT.vp honigomary Ccunw Notary Public
MJ Comn lion Expres Pxb 9 9002
tiA'S1'L-VA ��O _ - RTIF E.: .
:I, the untlersigne �tafl� retary'of Liberty Mutual Insurance Company, do hereby
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Public, personally came the individual, known to E too'
=d the: preceding instrument, and he acknowled- cat
te;seal of sait . company; and that said corporate 2
only and direction of the said company:.: - a o
r) r
P , the day and year first above written O !
�oy
that the originalpower of attorney of which the
foregoing is a full,true and c c copy, isin full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairmanor the president to appoint' any attorney -in -fact as. provided in Article:-.
XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company..; - - - - - -
_
This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty. Mutual Insurance
Company at a, meetingdujy called and held on the 12th day of March, 1980. - 1 — I —
VOTED . that the facsimile or mechanically reproduced signature of any assistantsecretary of the company wherever appearing upon a certified.
::copy of any -power of attorney issued by thecompany, shall be valid and binding uponthe company with the sameforce and effect as
though manuallyaffixed. -: - _
IN. TESTIMONY. WHEREOF,_ If have hereunto subscribed my name and affixed the corporate seal of the said company, this - day of
19
sistant a etary - _
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THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI E AFTER ' September 2 _ ' ,2b 00
CERTIFICATE OF INSURANCE 005913
IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
ERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
me and Address of Agency
Same
Company Companies Affording Coverages
Service Agency, Inc.
Letter
Post Office Box 11765
A Pacific Employers Insurance Company
exington, Kentucky 40577
B
C
lame
and Address of Insured
D
APAC-Arkansas, Inc.
E
cClinton-Anchor Division
F
.O. Box 1367
G
240 North Block Street
H
ayetteville, AR 72702
I
is is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time.
Company
Policy
Limits of Liability in Thousands (000)
Letter
Type of Insurance
Policy Number
Expiration
Each
Policy
Date
Occurrence
Aggregate
GENERAL LIABILITY
'
A
MO E` sTvt FORM
®PREMISES . OPERATIONS
* LAB 26609
12/01/01
PERSONAL INJURY
INCLUDING
BODILY INJURY
$
$
® �Mp AND COLLAPSE
Effective:
PROPERTY DAMAGE
$
$
OUNDERuND GRoHAZWD
12/01/1998
0PROPUCTS I COMPLETED
OPERATIONS RWRD
CONTRACTUAL INSl1(W1cE
PERSONAL INJURY.
ZBROADFORMPROPERTY
BODILY INJURY AND
$ 3,000
$ 3,000
'
DAMAGE
PROPERTY DAMAGE
OINDEPENDEM CONTRACTORS
COMBINED
EPERSONM INJURY
'
AUTOMOBILE LIABILITY
BODILY INJURY ODEACH
PERSON) BBODILY
$
A
CR cOMPRe1ENSNE FORM
*LAB 26609
12/01/01
INJURY (EACH
OCCURENCE)
$
OWNED
®IYRED
Effective:
PROPERTY DAMAGE
$
j30
I
Z ON.OWNED
12/01/1998
BODILY INJURY ANp
PROPERTY DAMAGE
$ 00
COMBINED
EXCESS LIABILITY
'
® UMBRELLA FORM
BODILY INJURY AND
PROPERTY DAMAGE
$
$
❑ OTHER TN UMBRELLA FORM HA
COMBINED
WLR C4246257-3
STATUTORY
A
WORKERS' COMPENSATION
RSC C4246249-4
12/01/99
and
EMPLOYERS' LIABILITY
$ 1,000
(EACH ACCIDENT)
$
$
$
$
. CRIPnONOFOPERATIONs&ocATIONSNEHICLEs *SEE REVERSE SIDE.
Project -Arkansas Avenue Sidewalk Reconstruction
cELLAnON; Should any of the above described policies be cancelled or materially changed before the expiration date thereof, the issuing company
will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no
obligation or liability of any kind upon the company.
M1 e and Address of Certificate Holder
Date Issued: July 13, 1999 New
City of Fayetteville, Arkansas RIMMED
1 3 W. Mountain
yetteville, Arkansas 72701 J U L 11 1999
K
- - - -' _ - -
AUTHORIZED SIGNATURE
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*City of Fayetteville, Arkansas shall be an additional insured, but only if required by written contract
between City of Fayetteville, Arkansas and APAC-Arkansas, Inc.; only to the extent of the insurance
limits required under this contract; only as to work performed or to be performed by or on behalf of
APAC-Arkansas, Inc. under this contract; and only with respect to operations by or on behalf of APAC-
Arkansas, Inc. or to facilities of or used by APAC-Arkansas, Inc..
AUTHORIZED SIGNATURE
ATTACHES TO POLICY NUMBER: ST -260 50 49 ENDORSEMENT NUMBER: 98-422
' POLICY TERM: 10/01/1998 TO 10/01/2001 EFFECTIVE DATE: 07/13/1999
LOSS PAYABLE ENDORSEMENT AND CERTIFICATE OF INSURANCE
tINSURED: MAC -Arkansas
LOCATION: 240 North Block Street, Fayetteville, AR 72702
The interest APAC-Arkansas and City of Fayetteville, Arkansas (Payee) ALMA
' in same as above/I 13 W. Mountain, Fayetteville, AR 72701
is covered for an amount not exceeding *SEE BELOW
' and loss is payable to MAC -Arkansas and City of Fayetteville, Arkansas (Payee) ALMA
whose address is same address as above/same address as above
,Loss, if any, under this policy is for the interest as stipulated under this endorsement shall not exceed its
pro rata proportion of all concurrent insurance in force for the above captioned Insured.
'This coverage is not transferable and may be cancelled by the National Union Fire Insurance Company of
Pittsburgh, Pennsylvania by giving notice of cancellation to said Payee as prescribed in this policy.
'Nothing herein shall be held to vary, alter, waive or change any of the Insuring Agreements, Exclusions,
Conditions, or Declarations of the Policy, except as hereinabove set forth.
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CERTIFICATION
This certifies that insurance against all risks of direct physical loss or damage to the insured property,
Ill in accordance with forms attached to policy listed below and subject to the limitations thereof, is in force
nder said policy issued through the National Union Fire Insurance Company of Pittsburgh, Pennsylvania.
Of the total amount of insurance in force, an amount as stipulated above shall apply to the interest of the
'Payee. Any excess of insurance over and above the value of the property at risk consigned or belonging to
said Payee shall be for the benefit of the captioned Insured, to cover property not consigned or belonging to
C
d Payee.
ull insurable replacement value of equipment not to exceed $40,000,000.00
1hould any of the above described policies be cancelled before the expiration date thereof, the issuing
company will mail 30 days written notice to the above named certificate holder.
RE: RE: Arkansas Avenue Sidewalk Reconstruction
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STARR TECHNICAL RISKS AGENCY, INC.
By__
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NOTICE TO PROCEED
TO: APAC-Arkansas, Inc.,
McClinton -Anchor Division
P.O. Box 1367
Fayetteville, AR 72702
PROJECT: Arkansas Avenue Sidewalk Reconstruction
DATE: 07/14/99
You are hereby notified to commence WORK in accordance with the Contract dated
July 13, 1999 on or before Monday, July 19, 1999, and you are to have the Work complete and
ready for final payment within thirty (30) consecutive calendar days thereafter. The date for final
completion is therefore Tuesday, August 17, 1999.
CITY OF FAYETTEVILLE, ARKANSAS
Owner
By
Paul Libertini, P.E.
Staff Engineer
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by
this the _ day of u , 1991
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toils
on or modification.
d• AMC: ••
I: n I y\�• •tai'.. - r Il' . .':. '.LII.
4TAN1�ART)
• :T'iT J .Y
Prepared by
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Issued and Published Jointly By
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PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The Associated General f 4t\ Contractors of America
of
These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or
1910$-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the
others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering
Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary
Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When
bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used.
'EJCDC No. 1910-8 (1990 Edition) — -- —
Reprinted 5,91
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph Page Article or Paragraph Page
'Number & Title .. Number Number & Tide S : Number
1. DEFINITIONS.............................*33 2.5-2.7 Before Starting Construction;
1.1 Addenda .......13 CONTRACTOR's Responsibility to
1.2 Agreement 13 Report: PreliminarySchedules;
' 1.3 Application for Payment ............. 13 Delivery of Certificates of
1.4 Asbestos .............................I) Insurance ..........................Is
1.5 Bid...................................13 2.8 Preconstruction Conference ........... 15
1.6 Bidding Documents ........13 2.9 Initially Acceptable Schedules ......... 16
1.7 Bidding Requirements ................ 13
1.8 Bonds................................13 3. CONTRACT DOCUMENTS: INTENT,
1.9 Change Order 13 AMENDING, REUSE ............................16
1.10 Contract Documents .................. 13 3.1-3.2 Intent 16 ..0.......
I.I I Contract Price ........................I) 3.3 Reference ti Standards and
................
1.12 Contract Times .......................13
Specifications of Technical Societies;
1.13 CONTRACTOR ...................... 13 Reporting and Resolving
1.14 defective .........13 Discrepancies .. ........ 16
....................
1.15 Drawings ....... 13 3.4 Intent of Certain Terms Adjectives or Adjectives .. 17
......................
1.16 Effective Date of the Agreement ...... 13 3.5 Amending Contract Documents ....... 17
1.17 ENGINEER ............. 13 3.6 Supplementing Contract Documents . !7
.............
' 1.18 ENGINEER's Consultant .............23 3.7 Reuse of Documents .................. 17
1.19 Field Order ........................... 13 4. AVAILABILITY OF LANDS; SUBSURFACE AND
1.20 General Requirements ................14
1.21 Hazardous Waste ......... 14 PHYSICALCONDITIONS;REFERENCEPOINTS. 17
' "' "" 4.1 Availability of Lands .................. 17
1.22 Laws and Regulations; Laws or 4.2 Subsurface and Physical Conditions ... 17
Regulations ........................ 14
1.23 Liens...0............................. 14 4.2.1 Reports and Drawings ................ 17
' 1.24 Milestone ........... ... 14 4.2.2 Limited Reliance by CONTRACTOR
...............
1.25 Notice of Award ......................14 Authorized: Technical Data ......... I8
1.26 Notice to Proceed 14 4.2.3 Notice of Difoering Subsurface or
1.27 OWNER ........ 14 Physical Conditions .................is
.........""'... 4.2.4 ENGINEER's Review ........ 1.28 Partial Utilization • • ... 18
• • • .. •. �.'..... 14 4.2.5 Possible Contract Documents Change . 18
1.29 PCBs ................................. 14
1.30 Petroleum " 14 4.2.6 Possible Price and Times Adjustments . 18
-••• 4.3 Physical Conditions —Underground
1.31 Project 14
1.32 Radioactive Material Facilities 18
'
14 4.3.1 Shown or Indicated ................... 18
1.33 Resident Project Representative ....... 14
4.3.2 Not Shown or Indicated .............. 19
1.34 Samples ..................::.......... 14
'1.35 Shop Drawings .......................14 14 4.4 Reference Points .... ................ 19
............ 4.5 Asbestos, PCBs, Petroleum, Hazardous
1.36 Specifications .........................14
1.37 Subcontractor ........ Waste or Radioactive rial Mate ...... 19
................ 14
1.38 Substantial Completion ............... 14
' 1.39 Supplementary Conditions 14 5. BONDS AND INSURANCE Payment an.. Other
....... 20
1.40 Supplier ..............................14 5.1-5.2 Performance, and Other Bonds . 20
1.41 Underground Facilities 5.3 Licensed Sureties and Insurers;
1.42 Unit Price Work 14 Certificates of Insurance ............ 20
1 ......................
1.43 Work .................................15 5.4 O'CONTRACTOR's Liability Insurance . 20
................
1.44 Work Chan a Directive IS 5.5 OWNER's Liability Insurance ........ 21
1.45 Written Amendment . _...... 15 5.6 Property Insurance 21
...........
5.7 Boiler and Machinery or Additional
1.PREL!MINARYMAIIERS ......................IS Property Insurance .................21
15 5.8 Notice of Cancellation Provisions ..... 21
2.1 Delivery of Bonds ....................
2.2 Copies of Documents ................. IS 5.9 CONTRACTOR's Responsibility for
2.3 Commencement of Contract Times; Deductible Amounts ................ 22
'
Notice to Proceed ..................IS 5.10 Other Special Insurance ............... 22
-.4 Starting the Work ..................... 15 5.11 Waiver of Rights ...................... 22
1
Article or Paragraph Page
Number & Title Number
5.12-5.13 Receipt and Application of Insurance
Proceeds...........................
5.14
Acceptance of Bonds and Insurance;
Option to Replace .................
5.15
Partial Utilization —Property
Insurance..........................
6. CONTRACTOR'S RESPONSIBILITIES
6.1.6.2
..........
Supervision and Superintendence ......
6.3-6.5
Labor, Materials and Equipment ......
6.6
Progress Schedule ....................
6.7
Substitutes and "Or -Equal" Items;
CONTRACTOR's Expense;
Substitute Construction
Methods or Procedures;
ENGINEER's Evaluation ..........
6.8-6.11
Concerning Subcontractors, Suppliers
and Others; Waiver of Rights .......
6.12
Patent Fees and Royalties .............
6.13
Permits ...............................
6.14
Laws and Regulations ................
6.15
Taxes ................................
6.16
Use of Premises ......................
6.17
Site Cleanliness .......................
6.18
Safe Structural Loading ...............
6.19
Record Documents ...................
6.20
Safety and Protection .................
6.21
Safety Representative .................
6.22
Hazard Communication Programs .....
6.23
Emergencies ..........................
6.24
Shop Drawings and Samples ..........
6.25
Submittal Procedures;
CONTRACTOR's Review Prior to
Shop Drawing or Sample Submittal
6.26
Shop Drawing & Sample Submittals
Review by ENGINEER ............
6.27
Responsibility for Variation From
Contract Documents ................
6.28
Related Work Performed Prior to
ENGINEER's Review and Approval
of Required Submittals .............
6.29
Continuing the Work ..................
6.30
CONTRACTOR's General
Warranty and Guarantee ............
6.31-6.33
Indemnification .......................
6.34
Survival of Obligations ................
7. OTHER
WORK..................................
7.1-7.3
Related Work at Site
7.4
..................
Coordination
8. OWNER'S RESPONSIBILITIES ....
22
22
23
23
23
23
23
23
24
25
25
25
25
26
26
26
26
26
26
27
27
27
Article or Paragraph I
Number & Title Num,
8.6 Change Orders ...
8.7 Inspections, Tests and Approvals ......
8.8 Stop or Suspend Work; Terminate
CONTRACTOR's Services .........
8.9 Limitations on OWNER's
. Responsibilities .....................
8.10 Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material ......
8.11 Evidence of Financial Arrangements ..
9. ENGINEER'S STATUS DURING
CONSTRUCTION ...............................
9.1 OWNER's Representative ............
9.2 Visits to Site ..........................
9.3 Project Representative ................
9.4 Clarifications and Interpretations ......
9.5 Authorized Variations in Work ........
9.6 Rejecting Defective Work .............
9.7-9.9 Shop Drawings, Change Orders and
Payments ...........
9.10 Determinations for Unit Prices ........
9.11-9.12 Decisions on Disputes; ENGINEER as
Initial Interpreter ...................
9.13 Limitations on ENGINEER's
Authority and Responsibilities ......
10. CHANGES IN THE WORK .....................
10.1 OWNER Ordered Change ............
10.2 Claim for Adjustment .................
10.3 Work Not Required by Contract
Documents .........................
10.4 Change Orders
10.5 Notification of Surety .................
27 1I. CHANGE OF CONTRACT PRICE ..............
11.1-11.3 Contract Price; Claim for Adjustment;
27 Value of the Work ..................
11.4 Costof Work .....................
27 11.5 Exclusions to Cost of the Work .......
11.6 CONTRACTOR's Fee ................
11.7 Cost Records .........................
27 11.8 Cash Allowances .....................
28 11.9 Unit Price Work ......................
28 12. CHANGE OF CONTRACT TIMES ..............
28 12.1 Claim for Adjustment .................
28 12.2 Time of the Essence ..................
12.3 Delays Beyond CONTRACTOR's
29 Control
29 12.4 Delays Beyond OWNER's and
CONTRACTOR'S Control ..........
—,l
2
29
30
-30
30
30
30
30
30
30
30
30
31
31
31
31
32
32
32
32
32
32
32
33
34
3-4
34
35
35
35
35
35
35
35
8.1 Communications to Contractor ........ 29 13. TESTS AND INSPECTIONS; CORRECTION,
8.2 Replacement of ENGINEER .......... 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE
8.3 Furnish Dataand Pay Promptly When WORK .......................................... 36
Due ................................ 29 13.1 Notice of Defects ..................... 36 ,
8.4 Lands and Easements; Reports and 13.2 Access to the Work ................... 36
Tests ............................... 29 13.3 Tests and Inspections; Contractor's
8.5 Insurance ............................. 29 Cooperation ........................ 36
' Article or Paragraph Page
Number & Title Number
13.4 OWNER's Responsibilities;
Independent Testing Laboratory .••
' 13.5 CONTRACTOR'S Responsibilities .....
13.6-13.7 CoveringWork Prior to Inspection,
Testing or Approval
' ................
13.8-13.9 Uncovering Work at ENGINEER's
Request .................
13.10 OWNER May Stop the Work ........
13.11 . Correction or Removal of Defective
' Work ........
13.12 - Correction Period .....„..............
13.13 Acceptance of Defective Work •... . .. .
13.14 OWNER May Correct Defective
Work...............................
' 14. PAYMENTS TO CONTRACTOR AND
COMPLETION ......
14.1 Schedule of Values ....................
14.2 Application for Progress Payment
' 14.3 CONTRACTOR's Warranty of Title ...
14.4-14.7 Review of Applications for
Progress Payments .................
' 14.8-14.9 Substantial Completion ...............
14.10 Partial Utilization ..
14.11 Final Inspection ......................
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36
36
36
36
36
37
37
37
37
37
38
38
Article or Paragraph
Number & Title
14.12 Final Application for Payment
14.13-14.14 Final Payment and Acceptance
14.15 Waiver of Claims ........
Page
Number
-40
........ 40
.............
15. SUSPENSION OF WORK AND
TERMINATION
. 15.1 -
......... ................
OWNER May Suspend Work
15.2-15.4
_
OWNER May Terminate
15.5
........
CONTRACTOR May Stop Work or
Terminate
16. DISPUTE
RESOLUTION ....
, . , , , , • .
17. MISCELLANEOUS ...............
17.1
Giving Notice ........................
17.2
Computation of Times
17.3
................
..............
Notice of Claim
17.4
.......................
Cumulative Remedies .ourt
17.5
..........
Professional Fees and Court Costs
Included ...........................
EXHIBIT GC -A (Optional):
3s
Dispute Resolution Agreement (Optional) ..... GC -AI 39 16.1-16.6 Arbitration ...................
39 16.7 ....................GC -AI
Mediation ..................... GC -A2
39
:q.
41
41
42
42
42
42 4
42
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INDEX TO GENERAL CONDITIONS
• Article or Paragraph
Number
Acceptance of —
Bonds and Insurance
.......:........................5.14
defective Work ....................... 10.4.1,
13.13, 13.15
final payment .................................
9.12, 14.15
insurance ... ................. ...............
......... 5.14
other Work, by CONTRACTOR ......................
7.3
Substitutes and "Or -Equal" Items ..................
6.7.1
Work by OWNER ........................
2.5, 6.30, 6.34
Access to the —
Lands, OWNER and CONTRACTOR
responsibilities.....................................4.1
site, related work ........................
7.2
Work . ..................................
...
13.2, 13.14, 14.9
Acts or Omissions—, Acts and Omissions —
CONTRACTOR ............................
6.9.1, 9.13.3
ENGINEER................................6.20.
9.13.3
OWNER.......................................6.20,
8.9
Addenda —definition of (also see
definition of Specifications) ........... (1.6,
1.10, 6.19) 1.1
Additional Property. Insurances .........................
5.7
Adjustments
Contract Price or Contract
Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2,
4.5.3, 9.4, 9.5,
10.2-10.4,
1I, 12, 14.8, 15.1
progress schedule....................................6.6
Agreement —
definition of..........................................1.2
All risk Insurance, policy form ........................5.6.2
Allowances, Cash .....................................11.8
Amending Contract Documents .........................
3.5
Amendment, Written —
in general .... 1.10, 1.45, 3.5, 5.10, 5.12,
6.6.2, 6.8.2, 6.19,
10.1, 10.4, 11.2, 12.1,
13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to ...................... 9.10, 9.11,
10.4, 16.2, 16.5
Application for Payment— I
definition of..........................................1.3
ENGINEER's Responsibility .........................
9.9
final payment .................. 9.13.4, 9.13.5,
14.12-14.15
in general .......................2.8,2.9,5.6.4,9.10,I5.5
2.9,
5.6.4, 9.10, 15.5
progress payment ..............................
14.1,14.7
review of......................................14.4-l4.7
Arbitration (Optional) .............................16.1-16.6
Asbestos —
claims pursuant thereto .......................
4.5.2, 4.5.3
CONTRACTOR authorized to stop Work
........... 4.5.2
definition of...........................................1.4
OWNER responsibility for ....................4.5.I,
8.10
possible price and times change .....................
4.5.2
Authorized Variations in Work ........... 3.6,
6.25, 6.27, 9.5
Availability of Lands ...............................
4.1, 8.4
Award, Notice of —defined ............................
1.25
Before Starting Construction ........................
2.5-2.8
Bid —definition of......................................1.5
(I.1, 1.10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1)
,
Article or Paragraph
Number i '
Bidding Documents—lefinition of ................ 1.6 (6.8.2)
Bidding Requirements —definitions of ...... 1.7(1.1, 4.2.6.2)
Bonds —
acceptance of .................................. .. 5.14 ,
additional bonds ........................... 10.5, 11.4.5,9
Cost of the Work..................................11.5.4
definition of..........................................1.8
delivery of......................................2.1, 5.1
final application for payment .................14.12-14.14
general ...............1.10, 5.1-5.3, 5.13, 9.13,10.5, 14.7.6
performance, Payment and Other ................. 5.1-5.2 '
Bonds and Insurance —in general ......................... 5
Builder's risk "all risk" policy form ...................5.6.2
Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15
Cash Allowances ........... ., 11.8
Certificate of Substantial Completion ......... 1.38, 6.30.2.3,
14.8, 14.10
Certificates of Inspection ................ 9.13.4, 13.5, 14.12
Certificates of Insurance ,. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, '
....................................... 5.14, 9.13.4, 14.12
Change in Contract Price —
Cash Allowances ... ,. 11.8 '
claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8.2,
9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9,
13.13, 13.14, 15.1, 15.5
CONTRACTOR's fee ............................... 11.6
Cost of the Work
general......................................11.4-11.7
Exclusions to.......................................11.5
Cost Records ..................................... .. 11.7 '
in general ..............1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11
Lump Sum Pricing................................11.3.2
Notification of Surety ............................... 10.5 ,
Scope of.......................................10.3-10.4
Testing and Inspection, Uncovering the Work ........ 13.9
Unit Price Work....................................11.9
Value of Work ........................... 11.3 ,
Change in Contract Times —
Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2,
9.4, 9.5, 9.1 1, 10.2, 10.5, 12.1, 13.9, 13.13,
13.14, 14.7, 15.1, 15.5 '
Contractual time limits .............................. 12.2
Delays beyond CONTRACTOR's control ............ 12.3
Delays beyond OWNER's and CONTRACTOR's con- ,
trol............................................... 12.4
Notification of surety ............................... 10.5
Scope of change ...............................10.3-10.4
Change Orders —
Acceptance of Defective Work ..................... 13.13
Amending Contract Documents ...................... 3.5
Cash Allowances ................................... 11.8
Change of Contract Price ............................. II
Change of Contract Times ............................ 12
Changes in the Work .................................. 10
CONTRACTOR's fee ............................... 11.6
Cost of the Work ............................... 11.4-11.7
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Article or Paragraph
Number
Cost Records
11.7
.......................................
definition of ..........................................
1.5
emergencies .........................................
6.23
ENGINEER's responsibility .........
9.8, 10.4, 11.2, 12.1
executionof ........................................
10.4
Indemnification ....................
6.12, 6.16, 6.31, 6.33
Insurance, Bonds and ...................
5.10,5.13, 10.5
OWNER may terminate ........................
15.2.15.4
OWNER's Responsibility .......................
8.6, 10.4
Physical Conditions —
Subsurface and, .....................................4.2
Underground Facilities ...........................
4.3.2
Record Documents.................................6.19
Scope of Change ...............................
10.3-10.4
Substitutes...................................6.7.3.
6.8.2
Unit Price Work ....................................
11.9
value of Work, covered by ..........................
11.3
Changes in the Work ....................................
10
Notification of surety ...............................
10.5
OWNER's and CONTRACTOR's
responsibilities .... 10.4
Rig•
ht to an adjustment ..............................
10.2
Scope of change ...............................10.3-10.4
Claims —
against CONTRACTOR .............................6.16
against ENGINEER................................6.32
against OWNER....................................6.32
Change of Contrast Price .......................
9.4, 11.2
Change of Contract Times ......................
9.4, 12.1
CONTRACTOR's 4, 7.1. 9.4, 9.5,
9.11, 10.2, 11.2, 11.9.
12.1, 14.8, 15.1, 15.5, 17.3
CONTRACTOR', Fee ..............................
1 1.6
CONTRACTOR's liability ............
5.4, 6.12, 6.16, 6.31
Cost of the Work ..............................
11.4, 11.5
Decisions on Disputes .........................
9.11, 9.12
Dispute Resolution..................................16.1
Dispute Resolution Agreement ..................16.1-16.6
ENGINEER as initial interpreter ....................
9.11
Lump Sum Pricing................................11.3.2
Notice of .............................................
OWNER's ........... 9.4, 9.5, 9.11,
10.2, I1.2, 11.9, 12.1,
13.9, 13.13, 13.14, 17.3
OWNER's liability...................................5.5
OWNER may refuse to make payment
.............. 14.7
Professional Fees and Court Costs
Included .......... 17.5
request for formal decision on .......................
9.11
Substitute items..................................6.7.1.2
Time Extension.....................................12.1
Time requirements ............................
9.11, 12.1
Unit Price Work ..................................
11.9.3
Valueof ............................................
11.3
Waiver of —on Final Payment ............
*.... 14.14,, 14.15
Work Change Directive .............................
10.2
written notice required ...................
9.1 I, 11.2, 12.1
Clarifications and Interpretations ............
3.6.3, 9.4, 9.11
CleanSite............................................6.17
Codes of Technical Society, Organization or
Association......................................3.3.3
Commencement of Contract Times .....................
2.3
Communications —
Article or Paragraph
Number
general ....................................
6.2, 6.9.2, 8.1
Hazard Communication Programs ...................
6.22
Completion —
Final Application for Payment ......................
14.12
Final Inspection ...................................
14.11
Final Payment and Acceptance ...............
14.13-14.14
Partial Utilization .. ................
14.10
Substantial Completion ...................
..
1.38, 14.8-14.9
Waiver of Claims ..................................
14.15
Computation of Times ........................
17.2.1-17.2.2
Concerning Subcontractors,
Suppliers and Others ............................
6.8-6.1 I
Conferences —
initially acceptable schedules .........................
2.9
preconstruction......................................2.8
Conflict, Error, Ambiguity, Discrepancy —
CONTRACTOR to Report .....................
2.5, 3.3.2
Construction, before starting by CONTRACTOR .... 2.5-2.7
Construction Machinery, Equipment, etc . ..............
6.4
Continuing the Work .............................6.29,
10.4
Contract Documents—
Amending...........................................3.5
Bonds...............................................5.1
Cash Allowances ...................................
11.8
Change of Contract Price .............................
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Change of Contract Times ............................
12
Changes in the Work ...........................
10.4-10.5
check and verify.....................................2.5
Clarifications and Interpretations ....... 3.2,
3.6, 9.4, 9.11
definition of.....................................
1.10
ENGINEER as initial interpreter of .................9.11
ENGINEER as OWNER's representative
............ 9.1
general ................................................
3
Insurance............................................
5.3
Intent............................................3.1-3.4
minor variations in the Work .........................
3.6
OWNER's responsibility to furnish data ..............
8.3
OWNER's responsibility to make
prompt payment .......................
8.3, 14.4, 14.13
precedence ....................................3.1,
3.3.3
Record Documents ............................:....6.19
Reference to Standards and Specifications
of Technical Societies ..............................
3.3
Related Work ...
7.2
Reporting and Resolving Discrepancies ...........
..
2.5, 3.3
Reuseof.............................................3.7
Supplementing.......................................3.6
Termination of ENGINEER's Employment
...........8.2
Unit Price Work ....................................
11.9
variations .................................
3.6,6.23, 6.27
Visits to Site, ENGINEER's .........................
9.2
Contract Price —
adjustment of ................ 3.5, 4.1, 9.4,
10.3, 11.2-11.3
Changeof ............................................
11
Decision on Disputes ...............................
9.11
definition of........................................1.11
Contract Times —
adjustment of ...................... 3.5, 4.1,
9.4, 10.3, 12
Change of......................................12.1-12.4
•
Article or Paragraph
Number
Commencementof ...................................
2.3
definition of ........................................
1.12
CONTRACTOR —
Acceptance of Insurance ............................5.14
Limited Reliance on Technical Data Authorized
..... 4.2.2
Communications ............................ ...
6.2, 6.9.2
Continue Work :.................... ..........
. 6.29, 10.4
coordination and scheduling .........................
6.9.2
definition of ........................................
1.13
May Stop Work or Terminate . 0 .....................
15.5
provide site access to others ....................
7.2, 13.2
Safety and Protection ....... 4.3.1.2, 6.16, 6.18,
6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review Prior to Submittal . 6.25
Stop Work requirements ...........................
4.5.2
CONTRACTOR's—
Compensation..................................11.1112
Continuing Obligation ..............................
14.15
Defective Work .......................... 9.6,
13.10.13.14
Duty to correct defective Work .....................
13.11
Duty to Report —
Changes in the Work caused by
Emergency.......................................6.23
Defects in Work of Others .........................7.3
Differing conditions .........................
..... 4.2.3
Discrepancy in Documents ........... 2.5, 3.3.2,
6.14.2
Underground Facilities not indicated ..............
4.3.2
Emergencies....................................6.23
Equipment and Machinery Rental, Cost
of the Work...................................11.4.5.3
Fee —Cost -Plus ........ .......'...... 11.4.5.6,
11.5.1, 11.6
General Warranty and Guarantee .....................
6.30
Hazard Communication Programs ...................
6.22
Indemnification ...................... 6.12, 6.16,
6.31-6.33
Inspection of the Work .........................
7.3, 13.4,
Labor, Materials and Equipment ..................6.3-6.5
Laws and Regulations, Compliance by .............
6.14.1
Liability Insurance.....................................5.4
Notice of Intent to Appeal .....................9.10.
10.4
obligation to perform and complete the Work ........
6.30
Patent Fees and Royalties, paid for by ...............
6.12
Performance and Other Bonds ........................5.1
Permits, obtained and paid for by ....................
6.13
Progress Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29,
10.4, 15.2.1
Request for formal decision on disputes .............9.11
Responsibilities —
Changes in the Work ..............................
10.1
Concerning Subcontractors, Suppliers and Others . 6.8-
6.11
Continuing the Work ........................
6.29, 10.4
CONTRACTOR's expense .......................6.7.!
CONTRACTOR's General Warranty and
Guaran-
tee............:'..................................6.30
CONTRACTOR'sreviewpriortoShopDrawingor Sam-
ple submittal.....................................6.25
Coordination of Work ..............................
6.9.2
Emergencies.....................................6.23
ENGINEER's evaluation, Substitutes
or "Or -Equal" Items ..........................
6.7.3
Article or Paragraph
Number
For Acts and Omissions of Others ..... 6.9.1-6.9.2, 9.13
for deductible amounts, insurance ..................
5.9
general ................................. 6, 7.2,
7.3, 8.9
Hazardous Communication Programs .............
6.22
Indemnification ..............................
6.31-6.33
Labor, Materials and Equipment ................6.3-6.5
Laws and Regulations ............................
6.14
• Liability Insurance..................................5.4
Notice of variation from Contract Documents
..... 6.27
Patent Fees and Royalties .........................
6.12
Permits...........................................6.13
Progress Schedule.................................6.6
Record Documents ...............................
6.19
related Work performed prior to ENGINEER's
approval of required submittals .................
6.28
safe structural loading ............................
6.18
Safety and Protection ................... 6.20, 72, 13.2
Safety Representative .............................
6.21
Scheduling the Work .............................691
Shop Drawings and Samples ......................
6.24
Shop Drawings and Samples Review
by ENGINEER................................6.26
Site Cleanliness ...................................
6.17
Submittal Procedures .............................
6.25
Substitute Construction Methods and
Procedures ....................................
6.7.2
Substitutes and "Or -Equal" Items ................
6.7.1
Superintendence...................................6.2
Supervision........................................6.!
Survival of Obligations ............................
6.34
Taxes............................................
6.15
Tests and Inspections .............................
13.5
ToReport.........................................2.5
Use of Premises .................... 6.16-6.18,
6.30.2.4
Review Prior to Shop Drawing or Sample Submittal
.. 6.25
Right to adjustment for changes in the Work .........
10.2
right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2,
11.9, 12.1,
13.9, 14.8, 15.1,
15.5, 17.3
Safety and Protection ................. 6.20-6.22, 7.2, 13.2
Safety Representative ...............................
6.21
Shop Drawings and Samples Submittals .........6.24-6.28
Special Consultants ...............................
11.4.4
Substitute Construction Methods and Procedures ..... 6.7
Substitutes and "Or -Equal" Items, Expense ..
6.7.1, 6.7.2
Subcontractors, Suppliers and Others ............6.8-6.11
Supervision and Superintendence ........... 6.1,
6.2, 6.21
Taxes, Payment by..................................6.15
Use of Premises................................6.16-6.18
Warranties and guarantees .............
6.30, 6.5
Warranty of Title...................................14.3
Written Notice Required —
CONTRACTOR stop Work or terminate ...........
15.5
Reports of Differing Subsurface and Physical Condi-
tions......................................4.2.3
Substantial Completion ...........................
14.8
CONTRACTORS —other ................................
6 7
Contractual Liability Insurance ......................
5.4.10
Contractual Time Limits ..............................
12.2
Coordination
C
C
I
I
Cost—
' of Tests and Inspections ................... . ......... 11.4
Records .
Cost of the Work— 11,4.5.9
Bonds and insurance, additional ........... 11.4.2
Cash Discounts ......................' a' 11.6
CONTRACTOR's Fee .............. 11.4.5.1
Employee Expenses .............j
l.4.51
' Exclusions to ............•.-....... ... 11.411.5
General ........................................II
ome office and overhead expenses ............: .11.5
11.4.5.6
Losses and damages ....................... .. •. 11.4.2
Materials and equipment .........................
I.
.........4...a.................. 11.4.5.8
Minor expenses 11.4.1
Payroll costs on changes
performed by Subcontn.ctors ...................... l l.4 I. 3
Records ............................................
Rentals of construction equipment and machinery . 11.4.5.3
permits and license fees .. 11.4.5.5
Royalty payments, 11.4.5'
Site office and temporary facilities
I. Special Consultants, CONTRACTOR'S ............11.4.4
., 11.4.5
Supplemental 11,4.4.5
Taxes related to the Work ...................a...
Tests and Inspection...............................1 113.4
Trade Discounts .....4 ..............40.....4...... 1.4.2
Utilities, fuel and sanitary facilities ............... 11.4.5.7
Work after regular hours ......11.4.1
' Covering Work ...................13.6-13.7
CumulativeRemedies .4 ........... " 17'4-175
Cutting, fitting and patching .. 7.2
Data, to be furnished by OWNER ...................... 8.3
' Day --definition of ...... .. • 17.2.2
Decisions on Disputes .. 9.1 t, 9.12
defective —definition of ............. a....0........ 1.14
' defective Work— 10.4.1, 13.13
Acceptance of ...........
Correction or Removal of ....4...4....4....0 10.4.1, 13.11
Correction Period 13'12
' in general .........................:.........13,14.7;14.11
Observation by ENGINEER . .
OWNER May Stop Work ............... .. 1 .10 13.Prompt Notice of Defects ............... p o p e... ..... 3.1
Rejecting ............................. 13.8
Uncovering the Work ........a.......
....... I
Definitions ......................................
' Delays ....4......4 ................44... 4.1, 6.29, 12.3-12.4
Delivery of Bonds ....................................
2.1
Delivery of certificates of insurance ..................... 2.7
Article or Paragraph
Number
CONTRACTOR'S responsibility .................... 6.9.2
2.2
Copies of Documents ............................ • " 13.12
Correction Period .......... I .........................
Correction, Removal or Acceptance of
Defective Work
in general ............................. 10.4.1. 13.10-13.14
Acceptance of Defective Work .. 13.13
Correction or Removal of Defective Work ..... 6.30, 13.11
......,a........ 13.12
Correction Period ................. 13.14
OWNER May Correct Defective Work .1
3.14
May Stop Work .......................... 13.10
Article or Paragraph
Number
Determinations for Unit Prices ..................9.10
Differing Subsurface or
Physical Conditions
Noticeof ..........................................4.2.3
ENGINEER's Review ............................. 4.2.4
Possible Contract Documents Change ............... 4.2.5
Possible Price and Times Adjustments .............. 4.2.6
Discrepancies -Reporting and Resolving .... 2.5, 3.3', 6.14.2
Dispute Resolution —
Agreement .................4444................ 16.1-16.6
16.1 16 5
Arbitration.....................a............... 16
general...............................................
Mediation .................................. 16.6
Dispute Resolution Agreement .................... 16.1-16.6
Disputes, Decisions by ENGINEER ..............9.11-9.12
Documents —
Copiesof............................................2 9
Record 6.19
Reuse of .............................4.....4.....44. 115
Drawings —definition of ..................a..........
Easements............................................. 4.1
Effective date of Agreement —definition of ...........:. 1.16
Emergencies ...............62
.........
ENGINEER —
as initial interpreter on disputes ...............9.11-9.12
definition of ........................................
Limitations on authority and
responsibilities 9'12
Replacement of................8.2
Resident Project Representative ......................9.3
ENGINEER's Consultant —definition of ............... 1.18
ENGINEER'S —
authority and responsibility, limitations on ........... 9.13
Authorized Variations in the Work ............ ..... 9.
5
Change Orders, responsibility for ........ .3, 9.2
Clarifications and Interpretations .............3 . 12
Decisions on Disputes ...............9.11-9.12
defective Work, notice of ................13.1
Evaluation of Substitute Items ................6.7.3 9. 72
Liability ....................................... .. 14.13
Notice Work is Acceptable .......................
Observations .................................6.30.2,9.2
OWNER's Representative ...........................9.1
Payments to the CONTRACTOR, 14
Responsibility for .................9.9,
. • . • " . 14.4, 9,14 14
Recommendation of Payment ...............-
Responsibilities —
Limitations on .................. a..... �...... 9.11-9.13
Review of Reports on Differing Subsurface and Physical Conditions ................ 4 2.4
Shop Drawings and Samples, review 6.26
responsibility .. .........4 .................444
Status During Construction —
authorized variations in the Work ............. 9.5 . • • Clarifications and interpretations . . . . . . "" . . . 9,4
•9.11.9..4
Decisions on Disputes ......................
Determinations on Unit Price ...............9.10
ENGINEER as Initial Interpreter ............. 9.11-9.12
ENGINEER'S Responsibilities ...........9.1-9.12
I
Article or Paragraph
• Number
Limitations on ENGINEER's Authority
and
Responsibilities ...................:...............
9.13
OWNER's Representative .................6.....
9.1
Project Representative .'..I ..................:......
9.3
Rejecting Defective Work ......................
9.6
Shop Drawings, Change Orders and
..
• Payments ........:.. .... ........
Visits to Site
9.7-9.9
......................................
Unit Price Determinations ...........................
9.2
9.10
Visits to Site
.........................................
Written consent required .........................
9.2
7.2, 9.1
Equipment, Labor, Materials and ...................
6.3-6.5
Equipment rental, Cost of the Work ........
11.4.5.3
Equivalent Materials and Equipment .....................
a.......
6.7
Errors or omissions ...................................
6.33
Evidence of Financial Arrangements ...................
8:11
Explorations of physical conditions ...................
4.2.1
Fee, CONTRACTOR's--Costs-Plus ...................
11.6
Field Order —
definition of
........................................
issued by ENGINEER .........................
1.19
3.6.1, 9.5
Final Application for Payment ........................
14.12
Final Inspection ......................................
14.11
Final Payment —
and Acceptance ..............................
14.13-14.14
Prior to, for cash allowances ........................
11.8
General Provisions ................................
17.3-17.4
General Requirements—
'
defintion of .........................................
I.20
principal references to .............. 2.6, 6.4,
6.6-6.7, 6.24
Giving Notice.........................................17.1
Guarantee of Work —by
CONTRACTOR ..............................
6.30, 14.12
Hazard Communication Programs ..............:......
6.22
Hazardous Waste —
definition of ........................................
1.21
general ................
4.5
OWNER's responsibility for ........................
..
8.10
Indemnification ........................ 6.12,
6.16, 6.31-6.33
Initially Acceptable Schedules ..........................
2.9
Inspection —
Certificates of ......................... 9.13.4,
13.5, 14.12
Final........................:.....................
Special, required by ENGINEER ....................
14.11
9.6
Tests and Approval ........................
8.7, 13.3-13.4
Insurance —
Acceptance of, by OWNER .........................
5.14
Additional, required by changes
in the Work .................................
11.4.5.9
Before starting the Work .............................
2.7
Bonds and —in general .................................
5
Cancellation Provisions ..
5.8
Certificates of .. 2.7, S, 5.3, 5.4.11, 5.4.13, 5.6.5,
_,
5.8, 5.14,
9.13.4, 14.12
completed operations ..............................
5.4.13
CONTRACTOR's Liability ...........................
5.4
CONTRACTOR's objection to coverage .............
5.14
Contractual Liability ..............................
5.4.10
Article or Paragraph
Number
_lj
deductible amounts, CONTRACTOR'S
responsibility ............
Final Application for Payment
., 5.9
I
......................
LicensedInsurers
14.12
....................................
Notice requirements, material .
5.3
.changes ..................................
5.8, 10.5O
Option to Replace ..................................5.14
other special insurances .................
.. 5.10
OWNER as fiduciary for insureds ..............5.12-5.13
OWNER's Liability ..................................
5.5
OWNER's Responsibility ............................8.5
Partial Utilization, Property Insurance ...............
5.15
Property .............• ...........................
5.6-5.10
Receipt and'Application of Insurance Proceeds
.. 5.12.5.13
Specialinsurance...................................5.10
Waiver of Rights .................... ..............
.. 5.11
intent of Contract Documents .......................3.1-3.4
'
Interpretations and Clarifications .................
3.6.3, 9.4
Investigations of physical conditions .... ..............
4.2
Labor, Materials and Equipment .....................6.3-6.5
..
'
Lands —
and Easements......................................8.4
Availability of...................................4.1,
8.4
Reports & Tests.....................................8.4
'
Laws and Regulations —Laws or Regulations —
Bonds...........................................
Changes in the Work................................10.4
Contract Documents.................................3.1
CONTRACTOR's Responsibilities ...................
6.14
Correction Period, defective Work ..................
13.12
Cost of the Work, taxes ........................
11.4.5.4
definition of ........................................
1.22
general.............................................6.14
Indemnification ................................
6.31-6.33
Insurance ............................................
5.3
'
Precedence ....................................
3.1,3.3.3
Reference to .......................................
3.3.1
Safety and Protection ..........................
6.20, 13.2
Subcontractors, Suppliers and Others ............
6.8-6.11
,
Tests and Inspections ...............................
13.5
Use of Premises .......................
6.16
...........
Visits to Site.........................................92
..
'
Liability Insurance—
CONTRACTOR's....................................
5.4
OWNER'S...........................................5.5
Licensed Sureties and Insurers .........................5.3
Liens —
Application for Progress Payment ..............
14.2
Contractor's Warranty of Title .......................
....
14.3
Final Application for Payment ......................
14.12
'
definition of ........................................
1.23
Waiver of Claims..................................14.15
Limitations on ENGINEER's authority and
responsibilities.....................................9.13
Limited Reliance by CONTRACTOR Authorized ...... 4.2.2
Maintenance and Operating Manuals=
FinalApplication for Payment ...................... 14.12
Manuals (of others) —
Precedence ........................................3.3.3.1
I
I
I
I
I
I
1
I
I
r
C
L.
• Article or Paragraph
Number
• Reference to in Contract Documents ................
3.3.1
Materials and equipment —
furnished by CONTRACTOR ........................
6.3
not incorporated in Work ............................
14.2
Materials or equipment—cquivaknt .....................
6.7
Mediation (Optional) ..................................
16.7
Milestones —definition of ......1.24
Miscellaneous —
Computation of Times ..............................
17.2
Cumulative Remedies ...............................
17.4
Giving Notice .......................................
17.1
Notice of Claim .....................................
17.3
Professional Fees and Court Costs Included ..........
17.5
Multi•prime contracts....................................7
Not Shown or Indicated ..............................
4.3.2
Notice of —
Acceptability of Project ............................
14.13
Award, definition of.................................1.25
Claim..............................................37.3
Defects. ............................................
13.1
Differing Subsurface or Physical Conditions ..........42.3
Giving..............................................
17.1
Tests and Inspections ...............................
13.3
Variation, Shop Drawing and Sample ................
6.27
Notice to Proceed— i
definition of........................................1.26
givingof.............................................2.3
Notification to Surety.................................10.5
Observations, by ENGINEER ....................6.30.
9.2
Occupancy of the Work ................ 5.15, 6.30.2.4.
14.10
Omissions or acts by CONTRACTOR .............
6.9, 9.13
"Open peril" policy form, Insurance ....................5.6.2
Option to Replace .....................................5.14
„Or Equal" Items......................................6.7
Otherwork..............................................7
Overtime Work --prohibition of ........................•.
6.3
OWNER —
Acceptance of defective Work ......................
13.13
appoint an ENGINEER ..............................
8.2
as fiduciary....................................5.12-5.13
Availability of Lands, responsibility ...................
4.1
definition of
........................................1.27
data, furnish.........................................8.3
May Correct Defective Work .......................
13.14
May refuse to make payment ........................14.1
May Stop the Work................................13.10
may suspend work,
. terminate ....................... 8.8, 13.10,
15.1-15.4
Payment, make prompt ................... 8.3, 14.4,
14.13
performance of other Work .......7.1
permits and licenses, requirements ..................
6.13
purchased insurance requirements ...............5.6-5.10
OWNER's—
Acceptance of the Work .........................
6.30.2.5
Change Orders, obligation to
execute....................................8.6,
10.4
Communications.....................................8.1
Coordination of the Work ............................
7.4
Disputes, request for decision .......................
9.11
Article or Paragraph
Number
Inspections, tests and approvals .................
8.7, I3.4
Liability Insurance ...................................
5.5
Notice of Defects ...................................
13.1
Representative —During Construction,
ENGINEER's Status ............................
9.1
Responsibilities —
Asbestos, PCB's, Petroleum, Hazardous
Waste on Radioactive Material ..................
8.10
Change Orders ....................................8.6
Changes in the Work ..............................
10.1
communications ...................................
8.1
CONTRACTOR's responsibilities ..................
8.9
evidence of financial arrangements ................
8.11
inspections, tests and approvals ....................
8.7
Insurance...................8.5
lands and easements ...............................
8.4
prompt payment by................................8.3
replacement of ENGINEER .......................
8.2
reports and tests...................................8.4
stop or suspend Work ..................
8.8, 13.10, 15.1
terminate CONTRACTOR's services ..........
8.8, 15.2
separate representative at site ........................
9.3
independent testing.................................13.4
use or occupancy of the
Work ....................................
5.15, 14.10
written consent or approval
required ...............................9.1.
6.3, 11.4
written notice
required .......... 7.1, 9.4, 9.11, 11.2,
11.9, 14.7, 15.4
PCBs —
definition of ........................................
1 29
veneral...............................................4.5
OWNER's responsibility for ........................
8.10
Partial Utilization —
definition of ........................................
1.28
general ...................................
6.30.2.4, 14.10
Property Insurance.................................5.15
Patent Fees and Royalties .............................
6.12
Payment Bonds .....................................
5.1-5.2
Payments, Recommendation of .............14.4-14.7,
14.13
Payments to CONTRACTOR and Completion —
Application for Progress Payments ..................
14.2
CONTRACTOR's Warranty of Title .................
14.3
Final Application for Payment ......................
14.12
Final Inspection ....................................14.13
14.11
Final Payment and Acceptance ...............
14.13-14.14
general...........................................8.3,
14
Partial Utilization ..................................
14.10
Retainage...........................................
14.2
Review of Applications for Progress
Payments ..................................
14.4-14.7
prompt payment.....................................8.3
Schedule of Values..................................14.1
Substantial Completion .........................
14.8-14.9
Waiver of Claims
14.15
..................................
when payments due ..........................
14.4, 14.13
withholding payment................................14.7
Performance Bonds.................................5.1-5.2
Permits...............................................
6.13
I
Article or Paragraph
Number
Petroleum —
definition of ........................................1.30
general..............................................
4.5
8.10
OWNER's responsibility for :........................
Physical Conditions— • '
Drawings of, in or relating to ..............:....:.
4.2.1.2
ENGINEER's review........... 0 .....::............
4.2.4
existing structures ..................................
4.2.2
general...........................................4.2.1.2
Subsurface and, ................. • ............4.2
Underground Facilities ...............................
4.3
Possible Contract Documents Change ...............
4.2.5
Possible Price and Times Adjustments ..............
4.2.6
Reports and Drawings ..............................4.2.1
Notice of Differing Subsurface or . ..................
4.2.3
Subsurface and......................................4.2
Subsurface Conditions ............................
4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized ....................
4.2.2
Underground Facilities—
general...........................................4.3
Not Shown or Indicated .......................
4.3.2
Protection of ...............................
4.3,6.20
Shown or Indicated ............................
4.3.1
Technical Data ...0 .................................4.2.2
Preconstruction Conference ............................
2.8
Preliminary Matters ......................................
2
Preliminary Schedules..................................2.6
Premises, Use of ................................6.16-6.18
Price, Change of Contract ...............................
II
Price, Contract --definition of ..........................I.!!
Progress Payment, Applications for ....................
14.2
Progress payment—retainage ..........................
14.2
Progress schedule, CONTRACTOR's .....
2.6, 2.8, 2.9, 6.6,
6.29, 10.4, 15.2.1
Project —definition of................................1.31
Project Representative—
ENGINEER's Status During Construction ............ 9.3
Project Representative, Resident
—definition of ......................................1.33
prompt payment by OWNER ...........................8.3
Property Insurance
Additional...........................................5.7
general..........................................5.6.5.10
Partial Utilization ...........................5.15.
14.10.2
receipt and application of
proceeds..................................5.12-5.13
Protection, Safety and .......................6.20-6.21,
13.2
Punch list......................................14.11
Radioactive Material —
definition ...........................................1.32
general...........................................4.5
OWNER's responsibility for ........................
8.10
Recommendation of Payment ..............
14.4, 14.5, 14.13
Record Documents
14.12
.............................6.19,
Records, procedures for maintaining ....................
2.8
Reference Points.................................0....0
4.4
Reference to Standards and Specifications
of Technical Societies...............................3.3
Article or Paragraph
Number
Regulations, Laws and (or) ............................
6.14
Rejecting Defective Work ...............................
9.6
Related Work —
at Site ...........................................
7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review ..................
6.28
Remedies, cumulative ............................17.4.
17.5
Removal or Correction of
Defective Work ....................................
13.11
rental agreements, OWNER approval
required...............................11.4.5.3
replacement of ENGINEER, by OWNER ..............
8.2
Reporting and Resolving Discrepancies .... 2.5,
3.3.2, 6.14.2
Reports —
and Drawings ......................................4.2.1
and Tests, OWNER's responsibility ..................
8.4
Resident Project Representative —
definition of ........................................1.33
provision for .........................................
9.3
Resident Superintendent, CONTRACTOR's .............
6.2
Responsibilities—
CONTRACTOR's-in general ...........................
6
ENGINEER's-in, general ...............................
9
Limitations on....................................9.13
OWNER's-in general ..................................8
Retainage .............................................14.2
Reuse of Documents...................................3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal ......................6.2.5
Review of Applications for Progress
Payments ......................................
14.4-14.7
Right to an adjustment ................................
10.2
Rights of Way..................................41
Royalties, Patent Fees and .............................
6.12
Safe Structural Loading ...............................
6.18
Safety —
and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2
general...................................6.2-6.23
Representative, CONTRACTOR'S ...................
6.21
Samples —
definition of ........................................
I.34
general.............................6.24-6.28
Review by CONTRACTOR .........................
6.25
Review by ENGINEER .......................
6.26, 6.27
related Work..................................6.28
submittal of......................................6.24.2
submittal procedures................................6.25
Schedule of progress ..... 2.6, 2.8-2.9, 6.6.
6.29, 10.4, 15.2.1
Schedule -of Shop Drawing and Sample
Submittals .......................2.6.
2.8-2.9, 6.24-6.28
Schedule of Values .............2.6.
2.8-2.9, 14.1
Schedules —
Adherence to..................................15.2_I
6.6
Adjusting ...........................................
Change of Contract Times ..........................
10.4
Initially Acceptable...............................2.8-2.9
Preliminary...................................2.6
Scope of Changes ..............................10.3-10.4
Subsurface Conditions ..............................4.2.1.1
10
Article or Paragraph
Number
Article or Paragraph
Number
Shop Drawings —
and Samples, general ............................ 6.24-6.28
Change Orders & Applications for
F'ayrients. and 9.7-9.9
definition of .................... ...... ..' 1.3 .. 1.35
ENGINEER's approval of .. .. .. 3.6.2
ENGINEER's responsibility
for review ............................... 9.7, 6.24-6.28
relatedWork ........................................ 6.28
review procedures ......................... 2.8, 6.24-6.23
submittal required ................................. 6.24.1
' Submittal Procedures ............................... 6.25
use to approve substitutions .. .. 6.7.3
Shown or Indicated ................................... 4.3.1
' Site Access .......................... 7.2, 13.2
Site Cleanliness ..'......'..'..... 6.17
Site, Visits to —
by ENGINEER................................9.2, 13.2
by others...........................................13.2
"Special causes of loss" policy form, insurance ....... 5.6.2
Specifications —
definition of ........................................ 1.36
' of Technical Societies, reference to ................. 3.3.1
precedence........................................3.3.3
Standards and Specifications of Technical
' Societies o...i.n, Before
........................j... 2.8
Starting Construction, Before .. . 2.5-2.8
Starting the Work ......................................2.4
Stop or Suspend Work—
' by CONTRACTOR .................................15.5
by OWNER ...... .... ......... 8.8, 13.10, 15.1
Storage of materials and equipment ................. 4.1, 7.2
Structural Loading, Safety ............................. 6.18
' Subcontractor—
Concerning...................................... 6.8-6.11
definition of ..:..................................... 1.37
delays..............................................12.3
' waiver of rights.....................................6.11
Subcontractors —in general ................. 6.8-6.11
Subcontracts —required provisions ........ 5.11, 6.11, 11.4.3
' Submittals— ........4..........
Applications for Payment .. 14.2
Maintenance and Operation Manuals ............... 14.12
Procedures .........................................6.25
'Progress Schedules ... 2.6, 2.9
Samples ..6.24-6.28
Schedule of Values ............................. 2.6, 14.1
Schedule of Shop Drawings and
' Samples Submissions ....................2.6, 2.8-2.9
Shop Drawings ........................ 6.24-6.28
Substantial Completion—
' certification of ;; ,,;;,; ,;; ,,;;;;;; ,;;; , 6.30.2.3, 14.8-14.9
definition of .. .. 1.38
Substitute Construction Methods or Procedures ....... 6.7.2
Substitutes and "Or Equal" Items ...................... 6.7
' CONTRACTOR's Expense ....: ....:.. ..: .....:. 6.7.1.3
ENGINEER's Evaluation .. .. 6.7.3
"Or -Equal" ........................................ 6.7.1
Substitute Construction Methods of Procedures ..... 6.7.2
Substitute Items ..................................
6.7.1.2
Subsurface and Physical Conditions —
Drawings of, in or relating to .....................
4.2.1.2
ENGINEER's Review .............................
4.2.4
general..............................................
4.2
Limited Reliance by CONTRACTOR
Authorized ..................................
4.2.2
Notice of Differing Subsurface or
Physical Conditions................................4.2.3
Physical Conditions.................................4.2.1.2
Possible Contract Documents Change .................
4.2.5
Possible Price and Times Adjustments ................
4.2.6
Reports and Drawings ................................
4.2.1
Subsurface and......................................4.2
Subsurface Conditions at the Site .................
4.2.1.1
Technical Data .....................................
4.2.2
Supervision—
CONTRACTOR's responsibility ......................
6.1
OWNER shall not supervise ......................
.. 8.9.
ENGINEER shall not supervise ...............
9.2, 9.13.2
Superintendence.......................................6.2
Superintendent, CONTRACTOR's resident ...........
6.2
Supplemental costs ..................................11.4.5
Supplementary Conditions —
definition of........................................1.39
principal reference to .... 1.10. 1.18, 2.2, 2.7, 4.2, 4.3, 5.1,
5.3, 5.4, 5.6-5.9. 5.11. 6.8, 6.13, 7.4, 8.11,
9.3, 9.10
Supplementing Contract Documents ....................
3.6
Supplier —
definition of ........................................
1.40
principal references to .................. 3.7, 6.5,
6.8-6.11,
6.20, 6.24,
9.13, 14.12
Waiver of Rights ....................................6.11
Surety —
consent to final payment .....................14.1'
14.14
ENGINEER has no duty to .........................
9.13
Notification of ........................... 10.1,
10.5, 15.2
qualification of...................................5.1-5.3
Survival of Obligations................................6.34
Suspend Work, OWNER May ..................
13.10, 15.1
Suspension of Work and Termination— ..................
15
CONTRACTOR May Stop Work or
Terminate........................................15.5
OWNER May Suspend Work .......................
15.1
OWNER May Terminate .......................
15.2-15.4
Taxes -Payment by CONTRACTOR ....................
6.15
Technical Data —
Limited Reliance by CONTRACTOR ...............
4.2.2
Possible Price and Times Adjustments ..............
4.2.6
Reports of Differing Subsurface and
Physical Conditions ..............................4.2.3
Temporary construction facilities ........................
4.1
Termination —
by CONTRACTOR .................................
15.5
by OWNER ............................... 8.8,
15.1-15.4
of ENGINEER's employment ........................
8.2
Suspension of Work-in general ........................IS
Terms and Adjectives..................................3.4
Tests and Inspections —
I
Article or Paragraph
Number
Access to the Work; by others
CONTRACTOR's res 13.2
pansibilities .................... 13.5
costof ............................................
covering Work prior to 13.4
Laws and Regulations (or)........13.6-73.7
Notice of Defects• ".... 13.5
OWNER May Stop Work .......................... 13.10
OWNER's independent testing ........
... 13.4
special, required by ENGINEER ..................... 9.6
timely notice required ...............................134
Uncovering the Work, at ENGINEER'S
request ....
....................••-•-••• 13.8-13.9
Times—
Adjusting............................................6.6
Change of Contract ...............:.
Adjusting............................................6.6
Computation of .........
Contract Times —definition of ....................... 1 12
day...................:............................17.72
Milestones ........................................... t2
Requirements —
appeals ............
16
clarifications, claims and
disputes .............................. 9.11, 11.2, 12
commencement of contract times ..........,.
preconstruction conference ......................... 2.8
schedules.................................2.6, 2.9, 6.6
starting the Work..................................2.4
Title, Warranty of.....................................14.3
Uncovering Work ................................13.8-13.9
Underground Facilities, Physical Conditions..
definition of .........,.
Not Shown or Indicated ............................ 4 342
protection of...................................4.3, 6.20
Shown or Indicated................................4.3.1
Unit Price Work —
claims .............................
definition of .. """"••••••• 11.9.3
general .. . 1.9, 1.... 1.42
-.
11.9, 14.1, 14.5
Unit Prices -
general..........:................................ I1.3.I
Determination for .....................................
Use of Premises ........................ 6.16, 6.18, 6.30.2.4
Utility owners ......................6.!), 6.20, 7.1-7.3, 13.2
Article or Paragrapl.
Number
Utilization, Partial .......,
1.28, 5.15, 6.30, 2.4, 14,10
Value of the Work ..................................... II.3 Values, Schedule of ....................... 2.6, 2.8-2.9, 14.1
Variations in Work —Minor
Authorized ..........6.2.5, 6.27, 9.5 Visits of Site —by ENGINEER ..............
Waiver of Claims -on Final ""' • • • • • . 9.2
Payment. .......................................... 14.15
Waiver of Rights by insured parties ................5.11, 6.11
Warranty and Guarantee, General —by
CONTRACTOR ..................
Warranty of Title, CONTRA ........ • •"" 6.30
CTOR's ................... 14.3
Work —
byothers. ............................................. .2
7
Changes in the.......................................10
Continuing the . ..................................... 6.29
CONTRACTOR May Stop Work
or Terminate ...................................
Coordination of .................................. 15.5
Cost of the ...................... 7.4
definition of .........
11.4-11.5
neglected by CONTRACTOR ...
1.43
other Work ....•....••.•. 13.14
OWNER May Stop Work ............................. 7
OWNER May Suspend " 13.10
Work ................. 13.10, 15.1
Related, Work at Site ............................. 7.1-7.3
Starting the .............
Stopping by CONTRACTOR ........................ 15.5
Stopping by OWNER .............. 15.1-15.4
Variation and deviation authorized,
minor........................................... 3.6
Work Change Directive-
claims pursuantto..................................10.2
definition of .......,,
principal references to ....................3.5.3, 10.1-10.2
Written Amendment......
definitionof ..
principal references to ... 1:10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2,
6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2
Written Clarifications and
Interpretations ........................... 3.6.3, 9.4, 9.11
Written Notice Required —
by CONTRACTOR ••.,,,,.7.1,9.10-9.11, 10.4, 11.2, 12.1
by OWNER ....................9.10-9.11, 10.4, 111, 13.14
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GENERAL CONDITIONS
ARTICLE I —DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
1.1. Addenda —Written or graphic instruments issued prior
to the opening of Bids which clarify, correct or change the
Bidding Requirements or the Contract Documents.
1.2. Agreement —The written contract between OWNER
and CONTRACTOR covering the Work to be performed; other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
1.3. Application for Payment —The form accepted by EN-
GINEER which is tc be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by
such supporting documentation as is required by the Contract
Documents.
1.4. Asbestos —Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health Administration.
I.S. Bid —The offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work to be
performed.
1.6. Bidding Documents —The advertisement or invitation
to Bid, instructions to bidders, the Bid form, and the proposed
Contract Documents (including all Addenda issued prior to
receipt of Bids).
1.7. Bidding Requirements —The advertisement or invita-
tion to Bid, instructions to bidders, and the Bid form.
1.8. Bonds —Performance and Payment bonds and other
instruments of security.
1.9. Change Order —A document recommended by ENGI-
NEER, which is signed by CONTRACTOR and OWNER and
authorizes an addition, deletion or revision in the Work, or an
adjustment in the Contract Price or the Contract Times, issued
on or after the Effective Date of the Agreement.
1.10.. Contract Documents —The Agreement, Addenda
(which pertain to the Contract Documents), CONTRACTOR's
Bid (including documentation accompanying the Bid and any
post Bid documentation submitted prior to the Notice of
Award) when attached as an exhibit to the Agreement, the
Notice to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the Draw-
ings as the same are more specifically identified in the Agree -
merit, together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date
of the Agreement. Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6.27 and the reports and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
1.11. Contract Price —The moneys payable by OWNER to
CONTRACTOR for completion of the Work in accordance
with the Contract Documents as stated in the Agreement
(subject to the provisions of paragraph 11.9.1 in the case of
Unit Price Work).
1.12. Contract Times —The numbers of days or the dates
stated in the Agreement: (i) to achieve Substantial Completion.
and (ii) to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommenda-
tion of final payment in accordance with paragraph 14.13.
1.13. CONTRACTOR —The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective —An adjective which when modifying the
word Work refers to Work that is unsatisfactory, faulty or
deficient, in that it does not conform to the Contract Docu-
ments, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to ENGI-
NEF_R's recommendation of ,final payment (unless responsi-
bility for the protection thereof has been assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
or 14.10).
1.15. Drawings —The drawings which show the scope,
extent and character of the Work to be furnished and per-
formed by CONTRACTOR and which have been prepared or
approved by ENGINEER and are referred to in the Contract
Documents. Shop drawings are not Drawings as so defined.
1.16. Effective Dare of the Agreement —The date indicated
in the Agreement on which it becomes effective, but if no such
date is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
1.17. ENGINEER —The person, firm or corporation named
as such in the Agreement.
1.18. ENGINEER's Consultant —A person, firm or corpo-
ration having a contract with ENGINEER to furnish services
as ENGINEER's independent professional associate or con-
sultant with respect to the Project and who is identified as such
in the Supplementary Conditions.
1.19. Field Order —A written order issued by ENGINEER
which orders minor changes in the Work in accordance with
paragraph 9.5 but which does not involve a change in the
Contract Price or the Contract Times.
' 13
1.20. General Requirements —Sections of Division I of the
Specifications.
• 1.21. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid Waste
Disposal Act (42 USC Section 6903) as amended from time to
time.
1.22. Laws and Regulations; Laws or Regulations —Any
and- all applicable laws, rules, regulations, ordinances, codes
and orders of any and all governmental bodies, agencies,
authorities and courts having jurisdiction.
1.23. Liens —Liens, charges, security interests or encum-
brances upon real property or personal property.
1.24. Milestone —A principal event specified in the Con-
tract Documents relating to an intermediate completion date or
time prior to Substantial Completion of all the Work.
1.25. Notice ofAward—The written notice by OWNER to
the apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein, within the time specified, -OWNER will
sign and deliver the Agreement.
1.26.. Notice to Proceed —A written notice given by OWNER
to CONTRACTOR (with a copy to ENGINEER) fixing the
date on which the Contract Times will commence to run and on
which CONTRACTOR shall start to perform CONTRAC-
TOR'S obligations under the Contract Documents.
1.27. OWNER —The public body or authority, corpora-
tion, association, firm or person with whom CONTRACTOR
has entered into the Agreement and for whom the Work is to be
provided.
1.28. Partial Utilization —Use by. OWNER of a substan-
tially completed part of the Work for the purpose for which it is
intended (or a related purpose) prior to Substantial Completion
of all the Work.
1.29. PCBs —Polychlorinated biphenyls.
1.30. Petroleum —petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch absolute), such as oil, petroleum, fuel
oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with
other non -Hazardous Wastes and crude oils.
1.31. Project —The total construction of which the Work to
be provided under the Contract Documents may be the whole,
or a part as indicated elsewhere in the Contract Documents.
1.32. Radioactive Material —Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 2011 et seq.) as amended from time to
time.
!.33. Resident Project Representative— The authorized
representative of ENGINEER who may be assigned to the site
or any part thereof.
1.34. Samples —Physical examplesofmaterials,equipment,
or workmanship that are representative of some portion of the
Work and which establish the standards by which such portion
of the Work will be judged.
1.35. Shop Drawings —All drawings, diagrams, illustra-
tions, schedules and other data or information which are
specifically prepared or assembled by or for CONTRACTOR
and submitted by CONTRACTOR to illustrate some portion of
the Work.
1.36. Specifications —Those portions of the Contract Doc-
uments consisting of written technical descriptions of materi-
als, equipment, construction systems, standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
1.37. Subcontractor —An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work
at the site.
1.38. Substantial Completion —The Work (or a specified
part thereof) has progressed to the point where, in the opinion
of ENGINEER as evidenced by ENGINEER's definitive
certificate of Substantial Completion, it is sufficiently com-
plete, in accordance with the Contract Documents, so that the
Work (or specified part) can be utilized for the purposes for
which it is intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as evidenced by
ENGINEER's written recommendation of final payment in
accordance with paragraph 14.13. The terms "substantially
complete" and "substantially completed" as applied to all or
part of the Work refer to Substantial Completion thereof.
1.39. Supplementary Conditions —The part of the Contract
Documents which amends or supplements these General Con-
ditions.
1.40. Supplier —A manufacturer, fabricator, supplier, dis-
tributor, materialman or vendor having a direct contract with
CONTRACTOR or with any Subcontractor to furnish materi-
als or equipment to be incorporated in the Work by CON-
TRACTOR or any Subcontractor.
1.41. Underground Facilities —All pipelines, conduits, ducts,
cables, wires, manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing such
facilities which have been installed underground to furnish any
of the following services or materials: electricity, gases, steam,
liquid petroleum products, telephone or other communica-
tions, cable television, sewage and drainage removal, traffic or
other control systems or water.
1.42. Unit Price Work —Work to be paid for on the basis of
unit prices.
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. 1.43. Work —The entire completed construction or the var-
ious separately identifiable parts thereof required to be fur-
nished under the Contract Documents. Work includes and is
the result of performing or furnishing labor and furnishing and
incorporating materials and equipment into the construction,
and performing or furnishing services and furnishing docu-
ments, all as required by the Contract Documents.
1.44. Work Change Directive —A written directive to CON-
TRACTOR, issued. on or after the Effective Date of the
Agreement and signed by OWNER and recommended by
ENGINEER, ordering an addition, deletion or revision in the
Work; or responding to differing or unforeseen physical condi-
tions under which the Work is to be performed as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A
Work Change Directive will not change the Contract Price or
the Contract Times, but is evidence that the parties expect that
the change directed or documented by a Work Change Direc-
tive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times as provided in
paragraph 10.2.
1.45. Written Amendment —A written amendment of the
Contract Documents, signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and normally
dealing with the nonengineering or nontechnical rather than
strictly construction -related aspects of the Contract Docu-
ments.
ARTICLE 2 —PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably neces-
sary for the execution of the Work. Additional copies will be
furnished, upon request, at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed:
2.3. The Contract Times will commence to run on the thirti-
eth day after the Effective Date of the Agreement, or, if a Notice
to Proceed is given, on the day indicated in the Notice to Proceed.
A Notice to Proceed may be given at any time within thirty days
after the Effective Date of the Agreement. In no event will the
Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date
of the Agreement, whichever date is earlier.
Starting the Work:
2.4. CONTRACTOR shall start to perform the Work on the
date when the Contract Times commence to run, but no Work
shall be done at the site prior to the date on which the Contract
Times commence to run.
Before Starting Construcion:
2.5. Before undertaking each part of the Work, CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict, error, ambiguity or discrepancy which CONTRAC-
TOR may discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; however, CONTRACTOR shallnot be
liable to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity or discrepancy in the Contract Doc-
uments, unless CONTRACTOR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements),
CONTRACTOR shall submit to ENGINEER for review:
2.6.1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and completirs
the various stages of the Work, including any Milestones
specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and Sam-
ple submittals which will list each required submittal and the
times for submitting, reviewing and processing such submit-
tal;
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the basis
for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2.7. Before any Work at the site is started, CONTRACTOR
and OWNER shall each deliver to the other, with copies to
each additional insured identified in the Supplementary Condi-
tions, certificates of insurance (and other evidence of insurance
which either of them or any additional insured may reasonably
request) which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with para-
graphs 5.4, 5.6 and 5.7.
Preconstrrution Conference:
2.8. Within twenty days after the Contract Times start to
run, but before any Work at the site is started, a conference
15
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attended byCONTRACTOR, ENGINEER and others as ap-
propriate will be held to establish a working understanding
among the parties as to the Work. and to discuss the schedules
referred to in paragraph 2.6, procedures for handling Shop
Drawings and other submittals, processing Applications for
Payment and maintaining required records.
Initially Acceptable Schedules:
2.9. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first Applica-
tion for Payment a conference attended by CONTRACTOR.
ENGINEER and others as appropriate will be held to review
for acceptability to ENGINEER as provided below the sched-
ules submitted in accordance with paragraph 2.6. CONTRAC-
TOR shall have an additional ten days to make corrections and
adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the
schedules are submitted to and acceptable to ENGINEER -as
provided below. The progress schedule will be acceptable to.
ENGINEER as providing an orderly progression of the Work
to completion within any specified Milestones and the Contract
Times, but such acceptance will neither impose on ENGI-
NEER responsibility for the sequencing, schedulingor progress
of the Work nor interfere with or relieve CONTRACTOR from
CONTRACTOR's full responsibility therefor. CONTRACTOR's
schedule of Shop Drawing and Sample submissions will be
acceptable to ENGINEER as providing a workable arrange-
ment for reviewing and processing the required submittals.
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3 —CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent•
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary; what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with the
law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be con-
structed in accordance with the Contract Documents. Any
Work, materials or equipment that may reasonably be inferred
from the Contract. Documents or from prevailing custom or
trade usage as being required to produce the intended result
will be furnished and performed whether or not specifically
called for. When words or phrases which have a well- known
technical or construction industry or trade meaning are used to
describe Work, materials or equipment, such words or phrases
shall be interpreted in accordance with that meaning. Clarifi-
cations and interpretations of the Contract Documents shall be
issued by ENGINEER as provided in paragraph 9.4.
3.3. Reference to Standards and Specif cations of Technical
Societies; Reporting and Resolving Discrepancies:.
3.3.1. Reference to standards, specifications, manuals or
codes of any technical society, organization or association,
or to the Laws or Regulations of any governmental authority,
whether such reference be. specific or. by implication, shall
mean the latest standard, specification, manual, code or
Laws or Regulations in effect at the time of opening of Bids
(or, on the Effective Date of the Agreement if there were no
Bids), except as may be otherwise specifically stated in the
Contract Documents.
3.3.2. If, during the performance of the Work; CON-
TRACTOR discovers any conflict, error, ambiguity or dis-
crepancy within the Contract Documents or between the
Contract Documents and any provision of any such Law or
Regulation applicable to the performance of the Work or of
any such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in writing at
once, and, CONTRACTOR shall not proceed with the Work
affected thereby (except in an emergency as authorized by
paragraph 6.23) until an amendment or supplement to the
Contract Documents has been issued by cne of the methods
indicated in paragraph 3.5 or 3.6; provided, however, that
CONTRACTOR shall not be liable to OWNER or ENGI-
NEER for failure to report any such conflict, error, ambigu-
ity or discrepancy unless CONTRACTOR knew or reason-
ably should have known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by amendment
or supplement thereto issued by one of the methods indi-
cated in paragraph 3.5 or 3.6, the provisions of the Contract
Documents shall take precedence in resolving arty conflict,
error, ambiguity or discrepancy between the provisions of
the Contract Documents and: .
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3.3.3.1. the provisions of any such standard, speci-
fication, manual, code or instruction (whether or not
specifically incorporated by reference in the Contract
Documents); or
3.3.3.2. the provisions of any such Laws or Regu-
lations applicable to the performance of the Work
(unless such an interpretation of the provisions of the
Contract Documents would result in violation of such
Law or Regulation).
No provision of any such standard, specification, manual.
code or instruction shall be effective to change the duties and
responsibilities of OWNER, CONTRACTOR or ENGINEER,
or any of their subcontractors, consultants, agents, or em-
ployees from those set forth in the Contract Documents, nor
shall it be effective to assign to OWNER, ENGINEER or ,
any of ENGINEER's Consultants, agents or employees any
duty or authority to supervise or direct the furnishing or
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performance of the Work or any duty or authority to under-
take responsibility inconsistent with the provisions of para-
graph 9.13 or. any other provision of the Contract Docu-
ments.
3.4. Whenever in the Contract Documents the terms "as
ordered,'' "as directed," "as required,'' "as allowed," "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable, "suitable,"'acceptable, "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or judg-
ment of ENGINEER as to the Work, it is intended that such
requirement, direction, review or judgment will be solely to
evaluate, in general, the completed Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of the
completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any such
term or adjective shall not be effective to assign to ENGI-
NEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the provi-
sions of paragraph 9.13 or any other provision of the
Contract Documents.
' Amending and Supplementing Contract Documents:
3.5. The Contract Documents may be amended to provide
for additions, deletions and revisions in the Work or to modify
the term[: and conditions thereof in one or more of the following
ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4), or
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
' 3.6.1. a Field Order (pursuant to paragraph 9.5),
3.6.2. ENGINEER's approval of a Shop Drawing or
' Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interpretation or clarifica-
tion (pursuant to paragraph 9.4).
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Reuse of Documents:
3.7. CONTRACTOR, and any Subcontractor or Supplier
or other person or organizztion performing or furnishing any of
the Work under a direct or indirect contract with OWNER (i)
shall not have or acquire any title to or ownership rights in any
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of the Drawings, Specifications or other documents (or copies
of any thereof) prepared by or bearing the seal of ENGINEER
or ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaption by ENGINEER.
ARTICLE -t—AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
Availability of lands:
4.). OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be performed,
rights -of -way and easements for access thereto, and such other
lands which are designated for the use of CONTRACTOR.
Upon reasonable written request. OWNER shall furnish CON-
TRACTOR with a correct statement of record legal, title and
legal description of the lands upon which the Work is to be
performed and OWNER's interest therein as necessary for
giving notice of or filing a mechanic's lien against such lands in
accordance with applicable Laws and Regulations. OWNER
shall identify any encumbrances or restrictions not of general
application but specifically related to use of lands so furnished
with which CONTRACTOR will have to comply in performing
the Work. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by
OWNER, unless otherwise provided in the Contract Docu-
ments. If CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount orextent of any adjustments in the
Contract Price or the Contract Times as a result of any delay in
OWNER's furnishing these lands, rights -of -way or easements,
CONTRACTOR may make a claim therefor as provided in
Articles II and 12. CONTRACTOR shall provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
4.2. Subsurface and Physical Conditions:
4.2.1. Reports and Drawings: Reference is made to the
Supplementary Conditions for identification of:
4.2.1.1. Subsurface Conditions: Those reports of explo-
rations and tests of subsurface conditions at or contiguous to
the site that have been utilized by ENGINEER in preparing
the Contract Documents; and
4.2.1.2. Physical Conditions: Those drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground
Facilities) that have been utilized by ENGINEER in prepar-
ing the Contract Documents.
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4.2.2. Limited Reliance by CONTRAC70R Authorized;
Technical Data: CONTRACTOR may rely upon the general
accuracy of the "technical data" contained in such reports and
drawings, but such reports and drawings are not Contract
Documents. Such "technical data" is identified in the Supple-
mentary Conditions. Except for such reliance on such "tech-
nical data," CONTRACTOR may not rely upon or make any
claim against OWNER, ENGINEER or any of ENGINEER's
Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not limited
to, any aspects of the means, methods, techniques, se-
quences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs inci-
dent thereto, or
4.2.2.2. other data, interpretations, opinions and infor-
mation contained in such reports or shown or indicated in
such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclu-
sion drawn from any "technical data" or any such data,
interpretations, opinions or information.
4.2.3. Notice of Differing Subsurface or Physical Condi-
tions: If CONTRACTOR believes that any subsurface or
physical condition at or contiguous to the site that is uncovered
or revealed either:
4.2.3.1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in paragraphs 4.2.1 and 4.2.2 is materially
inaccurate, or
4.2.3.2. is of such a nature as to require a change in the
Contract Documents, or
4.2.3.3. differs materially from that shown or indicated in
the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally recog-
nized as inherent in work of the character provided for in the
Contract Documents; then
CONTRACTOR shall, promptly after becoming aware thereof
and before further disturbing conditions affected thereby or
performing any Work in connection therewith (except in an
emergency as permitted by paragraph 6.23), notify OWNER
and ENGINEER in writing about such condition. CONTRAC-
TOR shall not further disturb such conditions or perform any
Work in connection therewith (except as aforesaid) until re-
ceipt of written order to do so.
4.2.4. ENGINEER's Review: ENGINEER will promptly
review the pertinent conditions, determine the necessity of
OWNER's obtaining additional exploration or tests with re-
spect thereto and advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's findings and conclusions.
4.2.5. Possible Contract Documents Change: If ENGI-
NEER concludes that a change in the Contract Documents is
required as a result of a condition that meets one or more of the
categories in paragraph 4.2.3., a Work Change Directive or a
Change Order will be issued as provided in Article 10 to reflect
and document the consequences.of such change.
4.2.6. Possible Price and Times Adjustments: An equitable
adjustment in the Contract Price or in the Contract Times, or
both, will be allowed to the extent that the existence of such
uncovered or revealed condition causes an increase or de-
crease in CONTRACTOR's cost of, or time required for
performance of, the Work; subject, however, to the following:
4.2.6.1. such condition must meet any one or more of the
categories described in paragraphs 4.2.3.1 through 4.2.3.4,
inclusive;
4.2.6.2. a change in the Contract Documents pursuant to
paragraph 4.2.5 will not be an automatic authorization of nor
a condition precedent to entitlement to any such adjustment;
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4.2.6.3. with respect to Work that is paid for on a Unit _.-
Price Basis, any adjustment in Contract Price will be subject
to the provisions of paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Times if;
4.2.6.4.1. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and
Contract Times by the submission of a bid or becoming
bound under a negotiated contract; or
4.2.6.4.2. the existence of such condition could rea-
sonably have been discovered or revealed as a result of
any examination; investigation, exploration, test or study
of the site and contiguous areas required by the Bidding
Requirements or Contract Documents to be conducted by
or for CONTRACTOR prior to CONTRACTOR's making
such final commitment; or
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4.2.6.4.3. CONTRACTOR failed to give the written
notice within the time and as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract Times,
a claim may be made therefor as provided in Articles II and 12.
However, OWNER, ENGINEER and ENGINEER's Consult-
ants shall not be liable to CONTRACTOR for any claims,
costs, losses or damages sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
4.3. Physical Conditions —Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown
or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on
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information and data furnished to OWNER or ENGINEER by
the owners of such Underground Facilities or by others. Unless it
is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be respon-
sible for the accuracy or completeness of any such informa-
tion or data; and
4.3.1.2. The cost of all of the following will be included in
the Contract Price and CONTRACTOR shall have full respon-
sibility for. () reviewing and checking all such information and
data, (u) locating all Underground Facilities shown or indicated
in the Contract Documents, (iii) coordination of the Work with
the owners of such Underground Facilities during construction,
and (iv) the safety and protection of all such Underground
Facilities as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Shown or Indicated: If an Underground Facility
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents, CON-
TRACTOR shall, promptly after becoming aware thereof and
before. P,:rher disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by paragraph 6.23), identify the owner
of such Underground Facility and give written notice to that
owner and to OWNER and ENGINEER. ENGINEER will
promptly review the Underground Facility and determine the
extent, if any, to which a change is required in the Contract
Documents to reflect and document the consequences of the
existence of the Underground Facility. If ENGINEER con-
cludes that a change in the Contract Documents is required, a
Work Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document such conse-
quences. During such time, CONTRACTOR shall be respon-
sible for the safety and protection of such Underground Facility
as provided in paragraph 6.20. CONTRACTOR shall be al-
lowed an increase in the Contract Price or an extension of the
Contract Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was not
shown or indicated in the Contract Documents and that CON-
TRACTOR did not know of and could not reasonably have
been expected to be aware of or to have anticipated. If
OWNER and CONTRACTOR are unable to agree on entitle-
ment to or the amount or length of any such adjustment in
Contract Price or Contract Times, CONTRACTOR may make
a claim therefor as provided in Articles II and 12. However,
OWNER, ENGINEER and ENGINEER's Consultants shall
not be liable to CONTRACTOR for any claims, costs, losses or
damages incurred or sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
IReference Points:
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4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment .are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for laying
out the Work, shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be respon-
sible for the accurate replacement or relocation of such refer-
ence points by professionally qualified personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio-
active Material:
4.5.1. OWNER shall be responsible for any Asbestos,
PCBs, Petroleum, Hazardous Waste or Radioactive Material
uncovered or revealed at the site which was not shown or
indicated in Drawings or Specifications or identified in the
Contract Documents to be within the scope of the Work and
which may present a substantial danger to persons or property
exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials
brought to the site by CONTRACTOR, Subcontractor, Suppli-
ers or anyone else for whom CONTRACTOR is responsible.
4.5.2. CONTRACTOR shall immediately: (i) stop all
Work in connection with such hazardous condition and in
any area affected thereby (except in an emergency as re-
quired by paragraph 6.23), and (ii) notify OWNER and
ENGINEER (and thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concern-
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action,
if any. CONTRACTOR shall not be required to resume Work
in connection with such hazardous condition or in any such
affected area until after OWNER has obtained any required
permits re'ated thereto and delivered to CONTRACTOR
special written notice: (i) specifying that such condition and
any affected area is or has been rendered safe for the
resumption of Work, or (ii) specifying any special conditions
under which such Work may be resumed safely. If OWNER
and CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of such Work stoppage or such
special conditions under which Work is agreed by CON-
TRACTOR to be resumed, either party may make a claim
therefor as provided in Articles II and 12.
4.5.3. If after receipt of such special written notice
CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to
resume such Work under such special conditions, then
OWNER may order such portion of the Work that is in
connection with such hazardous condition or in such af-
fected area to be deleted from the Work. If OWNER and
CONTRACTOR cannot agree as to entitlement to or the
amount or.extent of an adjustment, if any, in Contract Price
or Contract Times as a result of deleting such portion of the
Work, then either party may make a claim therefor as
provided in Articles II and 12. OWNER may have such
deleted portion of the Work performed by OWNER's own
forces or others in accordance with Article 7.
4.5.4. To the fullest extent permitted by Laws and Reg-
ulations. OWNER shall indemnify and hold harmless CON-
TRACTOR. Subcontractors, ENGINEER, ENGINEER's
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Consultants and the officers, directors, employees, agents,
other consultants and subcontractors of each and any of
them from and against all claims, costs, losses and damages
arising out of or resulting from such hazardous condition,
provided that: (i) any such claim, cost, loss or damage is
attributable to bodily injury, sickness,.disease or death, or to
injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom,
and (ii) nothing in this subparagraph 4.5.4 shall obligate
OWNER to indemnify any person or entity from and against
the consequences of that person's or entity's own negli-
gence.
4.5.5. The provisions of paragraphs 4.2 and 4.3 are not
intended to apply to Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material uncovered or revealed at the
site.
ARTICLE 5 —BONDS AND INSURANCE
P<tforrnance, Payment and Ocher Bonds:
5.1. CONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTPACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due, except as
provided otherwise by Laws or Regulations or by the Contract
Documents. CONTRACTOR shall also furnish such other
Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the form prescribed by the Contract Docu-
ments except as provided otherwise by Laws or Regulations,
and shall be executed by such sureties as are named in the
current list of"Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular570 (amended)
by the Audit Staff, Bureau of Government Financial Opera-
tions, U.S. Treasury Department. All Bonds signed by an
agent must be accompanied by a certified copy of such agent's
authority to act.
• 5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right to
do business is terminated in any state where any part of the
Project is located or it ceases to meet the requirements of
Paragraph 5.1, CONTRACTOR shall within ten days thereafter
substitute another Bond and surety, both of which must be
acceptable to OWNER.
5.3. Licensed Sureties and Insurers; Cerdfrcares of lnsuraace:
5.3.1. All Bonds and insurance required by the Contract
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insurance
.companies that are duly licensed or authorized in the juris-
diction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be pro-
vided in the Supplementary, Conditions.
5.3.2. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions; certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and maintain in accordance with paragraph 5.4:
OWNER shall deliver to CONTRACTOR, with copies to
each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of
insurance requested by CONTRACTOR or any other addi-
tional insured) which OWNER is required to purchase and
maintain in accordance with paragraphs 5.6 and 5.7 hereof.
CONTRIC7OR's Liability Insurance:
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide protection
from claims set forth below which may arise out of or result
from CONTRACTOR's performance and furnishing of the
Work and CONTRACTOR'S other obligations under the Con-
tract Documents, whether it is to be performed or furnished by
CONTRACTOR, any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any of them to perform or
furnish any of the Work, or by anyone for whose acts any of
them may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury, oc-
cupational sickness or disease, or death of CONTRAC-
TOR's employees;
5.4.3. claims for damages because of bodily injury, sick-
ness or disease, or death of any person other than CON-
TRACTOR'S employees;
5.4.4. claims for damages insured by customary personal
injury liability coverage which are sustained: (i) by any
person as a result of an offense directly or indirectly related
to the employment of such person by CONTRACTOR, or (ii)
by any other person for any other reason;
5.4.5. claims for damages, other than to the Work itself,
because of injury to or destruction of tangible property
wherever located, including loss of use resulting therefrom;
and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
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The policies of insurance so required by this pa.agraph 5.4 to
be purchased and maintained shall:
5.4,7with respect to insurance required by paragraphs
5.4.3 through 5.4.6 inclusive, include. as additional insureds
(subject to any customary exclusion in respect of profes-
sional liability) OWNER, ENGINEER, ENGINEER'sCon-
sultants and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as
additional insureds, and include coverage for the respective
officers and employees of all such additional insureds;
• 5.4.8.:. include the specific coverages and be written for
not less than the limits of liability provided in the Supple-
mentary Conditions or required by Laws or Regulations,
whichever is greater;
5.4.9. include completed operations insurance;
5.4.10. include contractual liability insurance covering
CONTRACTOR'S indemnity obligations under paragraphs
6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially changed
'or renewal refused until at least thirty days prior written
notice has been given to OWNER and CONTRACTOR and
to each other additional insured identified in the Supplemen-
tary Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so pro-
vide);
5.4.12. remain in effect at least until final payment and at
all times thereafter when CONTRACTOR may be correct-
ing, removing -or replacing defective Work in accordance
with paragraph 13.12; and
5.4.13. with respect to completed operations insurance,
and any insurance coverage written on a claims -made basis,
remain in effect for at least two years after final payment
(and CONTRACTOR shall furnish OWNER and each other
additional insured identified in the Supplementary Condi-
tions to whom a certificate of insurance has been issued
evidence satisfactory to OWNER and any such additional
insured of continuation of such insurance at final payment
and one year thereafter).
OWNER's Liability Insurance:
£5. in addition to the insurance required to be provided by
CONTRACTOR under paragraph 5.4, OWNER, at OWNER's
option, may purchase and maintain at OWNER's expense
OWNER's own liability insurance as will protect OWNER
against claims which may arise from operations under the
Contract Documents. .
Property Insurance:
5.6. Unless otherwise provided in the Supplementary Con-
ditions, OWNER shall purchase and maintain property insur-
ance upon the Work at the site in the amount of the full
replacement cost thereof (subject to such deductible amounts
as may * be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
5.6.1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER,,ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured;
5.6.2. be written on a Builder's Risk "all-risk" or open
peril or special causes of loss policy form that shall at least
include insurance for physical loss or damage to the Work,
temporary buildings, falsework and Work in transit and shall
insure against at least the following perils fire, lightning,
extended coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition occasioned
by enforcement of Laws and Regulations, water damage,
and such other perils as may be specifically required by the
Supplementary Conditions; -
5.6.3. include expenses incurred in the repair or replace-
ment of any insured property (including but not limited to
fees and charges of engineers and architects);
5.6.4. cover materials and equipment stored at the site or
at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work, provided that such
materials and equipment have been included in an Applica-
tion for Payment recommended by ENGINEER; and
5.6.5. be maintained in effect until final payment is made
unless otherwise agreed to in writing by OWNER, CON-
TRACTOR and ENGINEER with thirty days written notice
to each other additional insured to.whom a certificate of
insurance has been issued.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured.
5.8. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and 5.7
will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to OWNER and CONTRACTOR and to each other
additional insured to whom a certificate of insurance has been
issued and will contain waiver provisions in accordance with
paragraph 5.11. - 1
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5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests of
CONTRACTOR, Subcontractors or others in the Work to the
extent of any deductible amounts that are identified in the
Supplementary Conditions. The risk of loss within such iden-
tified deductible amount, will be borne by CONTRACTOR,
Subcontractor or others suffering any such loss and if any of
them wishes property insurance coverage within the limits of
such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance policies
provided under paragraphs 5.6 or 5.7, OWNER shall, if possi-
ble, include such insurance, and the cost thereof will be
charged to CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
5.11. Waiver of Rights:
5.11.1. OWNER and CONTRACTOR intend that all
policies purchased in accordance with paragraphs 5.6 and
5.7 will protect OWNER, CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and all other per-
sons or entities identified in the Supplementary Conditions to
be listed as insureds or additional insureds in such policies
and will provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall
contain provisions to the effect that in the event of payment
of any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. OWNER and CONTRACTOR waive all rights
against each other and their respective officers, directors,
employees and agents for all losses and damages caused by,
arising out of or resulting from any of the perils covered by
such policies and any other propertyinsurance applicable to
the Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants
and all other persons or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
5.11.2. In addition, OWNER waives all rights against
CONTRACTOR, Subcontractors, ENGINEER, ENGI-
NEER's Consultants and the officers, directors, employees
and agents of any of them, for:
5.11.2.1. loss due to business interruption, loss of use
or other consequential loss extending beyond direct phys-
ical loss or damage to OWNER's property or the Work
caused by, arising out of or resulting from fire or other
peril, whether or not insured by OWNER; and
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5.11.2.2. loss or damage to the completed Project or
part thereof caused by, arising out of or resulting from fire
or other insured peril covered by any property insurance
maintained on the completed Project or part thereof by
OWNER during partial utilization pursuant to paragraph
14.10, after substantial completion pursuant to paragraph
14.8 or after final payment pursuant to paragraph 14.13.
Any insurance policy maintained by OWNER covering any
loss, damage or consequential loss referred to in this paragraph
5.11.2 shall contain provisions to the effect that in the event of
payment of any such loss, damage or consequential loss the
insurers will have no rights of recovery against any of CON-
TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con-
sultants and the officers, directors, employees and agents of
any of them.
Receipt and Application of Insurance Proceeds
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph 5.13.
OWNER shall deposit in a separate account any money so
received, and shall distribute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached the damaged Work shall be repaired or
replaced, the moneys so received applied on account thereof
and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
5.13. OWNER as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If such
objection be made, OWNER as fiduciary shall make settlement
with the insurers in accordance with such agreement as the
parties in interest may reach. If no such agreement among the
parties in interest is reached, OWNER as fiduciary shall adjust
and settle the loss with the insurers and, if required in writing
by any party in interest, OWNER as fiduciary shall give bond
for the proper performance of such duties.
Acceptance of Bonds and Insurance; Option to Replace:
5.14. If either party (OWNER or CONTRACTOR) has any
objection to the coverage afforded by or other provisions of the
Bonds or insurance required to be purchased and maintained
by the other party in accordance with Article 5 on the basis of
non-conformance with the Contract Documents, the objecting
party shall so notify the other party in writing within ten days
after receipt of the certificates (or other evidence requested)
required by paragraph 2.7. OWNER and CONTRACTOR shall
each provide to the other such additional information in respect
of insurance provided as the other may reasonably request. If
either party does not purchase or maintain all of the Bonds and
insurance required of such party by the Contract Documents,
such party shall notify the other party in writing of such failure
to purchase prior to the start of the Work, or of such failure to
maintain prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
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required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
Partin! Utliwtion—Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Completion
of all the Work, such use or occupancy may be accomplished in
accordance with paragraph 14.10; provided that no such use or
occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by
endorsement, on the policy or policies, but the property insur-
ance shall not be cancelled or permitted to lapse on account of
any such partial use or occupancy.
ARTICLE 6. —CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise, inspect and direct the
Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Con-
tract Documents. CONTRACTOR shall be solely responsible
for the means, methods, techniques, sequences and procedures
of construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification of a
specific means, method, technique, sequence or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall be
responsible to see that the completed Work complies accu-
rately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent, who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at the
site and shall have authority to act on behalf of CONTRAC-
TOR. All communications to the superintendent shall be as
binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent.suitablyqual-
ified personnel to survey, lay out and construct the Work as
required by the Contract Documents. CONTRACTOR shall at
all times maintain good discipline and order at the site. Except
as otherwise required for the safety or protection of persons or
the Work or property at the site or adjacent thereto, and except
as otherwise indicated in the Contract Documents, all Work at
the site shall be performed during regular working hours and
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CONTRACTOR will not permit overtime work or the perfor-
mance of Work on Saturday, Sunday or any legal holiday
without OWNER's written consent given after prior written
notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments, CONTRACTOR shall furnish and assume full respon-
sibility for all materials, equipment, labor, transportation, con-
struction equipment and machinery, tools, appliances, fuel,
power, light, heat, telephone, water, sanitary facilities, tempo-
rary facilities and all other facilities and incidentals necessary
for the furnishing, performance, testing, start-up and comple-
tion of the Work.
6.5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Docu-
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit of OWNER.
If required by ENGINEER, CONTRACTOR shall furnish
satisfactory evidence (including reports of required tests) as to
the kind and quality of materials and equipment. All materials
and equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise provided in the
Contract Documents.
Progress Schedule:
6.6. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) pro-
posed adjustments in the progress schedule that will not
change the Contract Times (or Milestones). Such adjust-
ments will conform generally to the progress schedule then
in effect and additionally will comply with any provisions of
the General Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall be
submitted in accordance with the requirements of paragraph
12.1. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.
6.7. Substitutes and "Or -Equal" Items:
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type, function and quality required. Unless the
specification or description contains or is followed by words
reading that no like, equivalent or "or -equal" item or no
substitution is permitted, other items of material or equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the following circumstances:
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6.7, 1.1. "Or -Equal": If in ENGINEER's sole discre-
tion an item of material or equipment proposed by CON-
TRACTOR is functionally equal to that named and suffi-
ciently similar so that no change in related Work will be
requ . ed, it may be considered by ENGINEER as an
"or -equal" item, in which case review and approval of the
proposed item may, in ENGINEER's sole discretion, be
accomplished without compliance with some or all of the
requirements for acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR does not qualify as an "or -equal" item
under subparagraph 6.7.1.1, it will be considered a pro-
posed substitute item: CONTRACTOR shall submit suffi-
cient information as provided below to allow ENGINEER
to determine that the item of material or equipment
proposed is essentially equivalent to that named and an
acceptable substitute therefor. The procedure for review
by the ENGINEER will include the following as supple-
mented in the General Requirements and as ENGINEER
may decide is appropriate under the circumstances. Re-
quests for review of proposed substitute items of material
or equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR. If CONTRACTOR
wishes to furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make written appli-
cation to ENGINEER for acceptance thereof, certifying
that the proposed substitute will perform adequately the
functions and achieve the results called for by the general
design, be similar in substance to that specified and be
suited to the same use as that specified. The application
will state the extent, if any, to which the evaluation and
acceptance of the proposed substitute will prejudice CON-
TRACTOR's achievement of Substantial Completion on
time, whether or not acceptance of the substitute for use in
the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project) to adapt
the design to the proposed substitute and whether or not
incorporation or use of the substitute in connection with
the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance, repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of all costs or credits that will result directly or
indirectly from acceptance of such substitute, including
costs of redesign and claims of other contractors affected
by the resulting change, all of which will be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may require CONTRACTOR to furnish addi-
tional data about the proposed substitute.
6.7.1.3. CONTRACTOR's Expense: All data to be
provided by CONTRACTOR in support of any proposed
"or -equal" or substitute item will be at CONTRACTOR's
expense.
6.7.2. Substitute Construction Methods or Procedures: If a
specific means, method, technique, sequence or procedure of
construction is shown or indicated in and expressly required by
the Contract Documents, CONTRACTOR may furnish or
utilize a substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER. CON-
TRACTOR shall submit sufficient information to allow ENGI-
NEER, in ENGINEER's sole discretion, to determine that the
substitute proposed is equivalent to that expressly called for by
the Contract Documents. The procedure for review by ENGI-
NEER will be similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2.
ENGINEER will be the sole judge of acceptability. No "or -
equal" or substitute will be ordered, installed or utilized
without ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to furnish at
CONTRACTOR's expense a special performance guarantee or
other surety with respect to any "or -equal" or substitute.
ENGINEER will record time required by ENGINEER and
ENGINEER's Consultants in evaluating substitutes proposed
orsubmitted by CONTRACTOR pursuant to paragraphs 6.7.1.2
and 6.7.2 and in making changes in the Contract Documents (or
in the provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER accepts a substitute item so proposed or submit-
ted by CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and ENGINEER's
Consultants for evaluating each such proposed substitute item.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indicated
in paragraph 6.8.2), whether initially or as a substitute,
against whom OWNER or ENGINEER may have reason-
able objection. CONTRACTOR shall not be required to
employ any Subcontractor, Supplier or other person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the iden-
tity of certain Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the princi-
pal items of materials or equipment) to be submitted to
OWNER in advance of the specified date prior to the
Effective Date of the Agreement for acceptance by OWNER
and ENGINEER, and if CONTRACTOR has submitted a
list thereof in accordance with the Supplementary Condi-
tions, OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto by the
date indicated for acceptance or objection in the bidding
documents or the Contract Documents) of any such Subcon-
tractor, Supplier or other person or organization so identified
may be revoked on the basis of reasonable objection after
due investigation, in which case CONTRACTOR shall sub-
mit an acceptable substitute, the Contract Price will be
adjusted by the difference in the cost occasioned by such
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6.12. CONTRACTOR shall pay all license fees and royal-
' ties and assume all costs incident to the use in the performance
substitution and an appropriate Change Order will be issued
or Written Amendment signed. No.acceptance by OWNER
or ENGINEER of any such Subcontractor, Supplier or other
person or crgani"zation shall constitute a waiver of any right
of OWNER or ENGINEER to reject defective Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors. Suppliers and other persons and organiza-
tions performing or furnishing any of the Work undera direct
or indirect contract with CONTRACTOR just as CON-
TRACTOR is responsible for CONTRACTOR's own acts
and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor. Supplier or
other person or organization any contractual relationship
between OWNER or ENGINEER and any such Subcon-
tractor, Supplier or other person or organization, nor shall it
create any obligation on the part of OWNER or ENGI-.
NEER to pay or to see to the payment of any moneys due
any such Subcontractor, Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations.
6.9.2. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACTOR shall require all Sub-
contractors, Suppliers and such other persons and organiza-
tions performing or furnishing any of the Work to communi-
cate with the ENGINEER through CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which specifically binds the Subcontractor or Supplier
to the applicable terms and conditions of the Contract Docu-
ments for the benefit of OWNER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is
listed as an additional insured on the property insurance
provided in paragraph 5.6 or 5.7, the agreement between the
CONTRACTOR and the Subcontractor or Supplier will con-
tain provisions whereby the Subcontractor or Supplier waives
all rights against OWNER, CONTRACTOR, ENGINEER,
ENGINEER's Consultants and all other additional insureds for
all losses and damages caused by, arising out of or resulting
from any of the perils covered by such policies and any other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver forms to be signed by
any Subcontractor or Supplier, CONTRACTOR will obtain the
same.
Patent Fees and Royalties:
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of the Work or the incorporation in the Work of any invention,
design, process, product or device which is the subject of
patent rights or copyrights held by others. If a particular
invention, design, process, product or device is specified in the
Contract Documents for use in the performance of the Work
and if to the actual knowledge of OWNER or ENGINEER its
use is subject to patent rights or copyrights calling for the
payment of any license fee or royalty to others, the existence of
such rights shall be disclosed by OWNER in the Contract
Documents. To the fullest extent permitted by Laws and
Regulations. CONTRACTOR shall indemnify and hold harm-
less OWNER, ENGINEER, ENGINEER's Consultants and
the officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the incorpora-
tion in the Work of any invention, design, process, product or
device not specified in the Contract Documents.
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shat obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids, or. if there
are no Bids, on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for connec-
tions to the Work, and OWNER shall pay all charges of such
utility owners for capital costs related thereto such as plant
investment fees. ,
Laws and Reguladatu:
6.14.1. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to furnishing and
performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations, nei Cher O WN ER
nor ENGINEER shall be responsible for monitoring CON-
TRACTOR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR performs any Work knowing
or having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses and damages caused by, arising out of or resulting
therefrom; however, it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with Laws and Regulations,
but this shall not relieve CONTRACTOR of CONTRAC-
TOR's obligations under paragraph 3.3.2.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use
and other similar taxes required to be paid by CONTRACTOR
in accordance with the Laws and Regulations of the place of
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the Project which are applicable during the performance of the
Work. . .
Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment and the opera-
tions of workers to the site and land and areas identified in and
permitted by the Contract Documents and other land and areas
permitted by Laws and Regulations, rights -of -way, permits and
easements, and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any dam-
age to any such land or area, or to the owner or occupant
thereof or of any adjacent land or areas, resulting from the
performance of the Work. Should any claim be made by any
such owner or occupant because of the performance of the
Work, CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by arbitra-
tion or other dispute resolution proceeding or at law. CON-
TRACTOR shall, to the fullest extent permitted by Laws and
Regulations, indemnify and hold harmless OWNER. ENGI-
NEER, ENGINEER's Consultant and anyone directly or
indirectly employed by any of them from and against all claims,
costs, losses and damages arising out of or resulting from any
claim or action, legal or equitable, brought by any such owner
or occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based upon
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work. At
the completion of the Work CONTRACTOR shall remove all
waste materials, rubbish and debris from and about the pre-
mises as well as all tools, appliances, construction equipment
and machinery and surplus materials. CONTRACTOR shall
leave the site clean and ready for occupancy by OWNER at
Substantial Completion of the Work. CONTRACTOR shall
restore to original condition all property not designated for
alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part of
any structure to be loaded in any manner that will endanger the
structure, nor shall CONTRACTOR subject any part of the
Work or adjacent property to. stresses or pressures that will
endanger it.
Record Documents:
6.19. CONTRACTOR shall maintain in a safe place at the
site one record copy of all Drawings, Specifications, Addenda,
Written Amendments, Change Orders, Work Change Direc-
tives, Field Orders and written interpretations and clarifica-
tions (issued pursuant to paragraph 9.4) in good order and
annotated to show all changes made during construction.
These record documents together with all approved Samples
and a counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion of
the Work; these record documents. Samples and Shop Draw-
ings will be delivered to ENGINEER for OWNER.
Safety and Protecfon: •
6.20. CONTRACTOR shall be responsible for initiating,
maintaining- and supervising alt safety precautions and pro-
gram in connection with the Work. CONTRACTOR shall take
all necessary precautions for the safety of, and shall provide
the necessary protection to prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work;
6.20.2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the site;
and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, roadways,
structures, utilities and Underground Facilities not desig-
nated for removal, relocation or replacement in the course of
construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for safety of
persons or property or to protect them from damage, injury or
loss; and shall erect and maintain all necessary safeguards for
such safety and protection. CONTRACTOR shall notify own-
ers of adjacent property and of Underground Facilities and
utility owners when prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal,
relocation and replacement of their property. All damage,
injury or loss to any property referred to in paragraph 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, shall, be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or omissions
of OWNER or ENGINEER or ENGINEER's Consultant or
anyone employed by any of them or anyone for whose acts any
of them may be liable, and not attributable, directly or indi-
rectly, in whole or in part, to the fault or negligence of
CONTRACTOR or any Subcontractor, Supplier or other per-
son or organization directly or indirectly employed by any of
them). CONTRACTOR's duties and responsibilities for safety
and for protection of the Work shall continue until such time as
all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance with para-
graph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Comple-
tion).
Safety Representative:
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6.21.
CONTRACTOR shall
designate a
qualified and expe-
rienced
safety representative
at the site
whose duties and
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responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and pro-
grams.
Hazard Communication Programs:
6.22. CONTRACTOR shall be responsible for coordinating
any exchange of material safety data sheets or other hazard
communication information required to be made available to or
exchanged between or among employers at the site in accor-
dance with Laws or Regulations.
IEmergencies:
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6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or au-
thorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss. CON-
TRACTOR shall give ENGINEER prompt written notice if
CONTRACTOR believes that any significant changes in the
Work or variations from the Contract Documents have been
cat:sed thereby. If ENGINEER determines that a change in
the Contract Documents is required because of the action
taken by CONTRACTOR in response to such an emergency,
a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.24. Shop Drawings and Samples:
6.24.1. CONTRACI.OR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample submittals
(see paragraph 2.9). All submittals will be identified as
ENGINEER may require and in the number of copies
specified in the General Requirements. The data shown on
the Shop Drawings will be complete with respect to quanti-
ties, dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the materi-
als and equipment CONTRACTOR proposes to provide and
to enable ENGINEER to review the information for the
limited purposes required by paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with
said accepted schedule of Shop Drawings and Sample sub-
mittals. Each Sample will be identified clearly as to material,
Supplier, pertinent data such as catalog numbers and the use
for which intended and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for
the limited purposes required by paragraph 6.26. The num-
bers of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or Sam-
ple. CONTRACTOR shall have determined and verified:
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6.25.1.1. all field measurements, quantities, dimen-
sions, specified performance criteria, installation require-
ments, materials, catalog numbers and similar information
with respect thereto,
6.25.1.2. all materials with respect to intended use,
fabrication, shipping, handling, storage, assembly and
installation pertaining to the performance of the Work, and
6.25.1.2. all information relative to CONTRACTOR's
sole responsibilities in respect of means, methods, tech-
niques, sequences and procedures of construction and
safety precautions and programs incident thereto.
CONTRACTOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the
Contract Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied CON-
TRACTOR's obligations under the Contact Documents with
respect to CONTRACTOR'S review and approval of that
submittal.
6.25.3. At the time of each submission, CONTRACTOR
shall give ENGINEER specific written notice of such vari-
ations, if any, that the Shop Drawing or Sample submitted
may have from the requirements of the Contract Documents,
such notice to be in a written communication separate from
the submittal; and, in addition, shall cause a specific notation
to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance with the schedule of Shop Draw-
ings and Sample submittals accepted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER's review and approval
will be only to determine if the items covered by the submittals
will, after installation or incorporation in the Work, conform to
the information given in the Contract. Documentsand be
compatible with the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER's review and approval will not extend to means,
methods, techniques, sequences or procedures of construction
(except where a particular means, method, technique, se-
quence or procedure of construction is specifically and ex-
pressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and
approval of a separate item as such will not indicate approval of
the assembly in which the item functions. CONTRACTOR
shall make corrections required by ENGINEER, and shall
return the required number of corrected copies of Shop Draw-
ings and submit as required new Samples for review and
approval. CONTRACTOR shall direct specific attention in
writing to revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
sibility for any variation from the requirements of the Contract
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Documents unless CONTRACTOR has in writing called EN-
GINEER's attention to each such variation at the time of
submission as required by paragraph 6.25.3 and ENGINEER
has given written approval of each such variation by specific
written notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility for
complying with the requirements of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submissions accepted by ENGINEER as required by
paragraph 2.9, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submittal will be
at the sole expense and responsibility of CONTRACTOR.
Continuing the Work
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
permitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR may otherwise agree in writing.
6.30. CONTRACTOR's General Warranty and Guarantee:
6.30.1. CONTRACTOR warrants and guarantees to
OWNER. ENGINEER and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper maintenance
or operation by persons other than CONTRACTOR, Sub-
contractors or Suppliers; or
6.30.1.2. normal wear and tearunder;normal usage.
6.30.2. CONTRACTORts obligation to perform and com-
Plate the Work in accordance with the Contract Documents
shall be absolute. None of the following will constitute an
acceptance of Work that is not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.3. recommendation of any progress or final
payment by ENGINEER;
6.30.2.3. the issuance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC-
TOR under the Contract Documents;
6.30.2.4. use or occupancy of the Work or any part
thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any failure to
do so;
6.30.2.6. any review and approval of a Shop Drawing
or Sample submittal or the issuance of a notice of accept-
ability by ENGINEER pursuant to paragraph 14.13;
6.30.2.7. any inspection, test or approval by others; or
6.30.2.8. any correction of defective Work by OWN ER.
Indemnification:
6.31. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants of
each and any of them from and against all claims, costs, losses
and damages (including but not limited to all fees and charges
of engineers, architects, attorneys and other professionals and
all court or arbitration or other dispute resolution costs) caused
by, arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage: (i) is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom, and
(ii) is caused in whole or in part by any negligent act or
omission ofCONTRACTOR, any Subcontractor, any Supplier,
any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, regardless of whether
or not caused in part by any negligence or omission of a person
or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations regard-
less of the negligence of any such person or entity.
6.32. In. any and all claims against OWNER or ENGI-
NEER or any of their respective consultants, agents, officers,
directors or employees by any employee (or the survivor or
personal representative of such employee) of CONTRACTOR,
any Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform or
furnish any of the Work, or anyone for whose acts any of them
may be liable, the indemnification obligation under paragraph
6.31 shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable
by or for CONTRACTOR or any such Subcontractor, Supplier
or other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of CONTRACTOR
under paragraph 6.31 shall not extend to the liability of ENGI-
NEER and ENGINEER's Consultants, officers, directors,
employees or agents caused by the professional negligence,
errors or omissions of any of them.
Survival of Obligations:
6.34. All representations, indemnifications, warranties and
guarantees made in, required by or given in accordance with
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the Contract Documents, as well as all continuing obligations
indicated in the Contract Documents, will survive final pay-
ment, completion and acceptance of the Work and termination
or completion of the Agreement.
ARTICLE 7 —OTHER WORK
Related Work at Site:
7.I._ OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General Condi-
tions similar to these, or have other work performed by
utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(1) written. notice thereof will be given to CONTRACTOR
prior to starting any such other work, and (ii) CONTRAC-
TOR may make a claim therefor as provided in Articles II
and 12 if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or re-
quires additional time and the parties are unable to agree as
to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the addi-
tional work with OWNER's employees) proper and safe
access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the
execution of such other work and shall properly connect and
coordinate the Work with theirs. Unless otherwise provided
in the Contract Documents, CONTRACTOR shall do all
cutting, fitting and patching of the Work that may be required
to make its several parts come together properly and inte-
grate with such other work. CONTRACTOR shall not en-
danger any work of others by cutting, excavating or other-
wise altering their work and will only cut or alter their work
with the written consent of ENGINEER and. the others
whose work will be affected. The duties and responsibilities
of CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of CON-
TRACTOR in said direct contracts between OWNER and
such utility owners and other contractors.
7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect such
other work and promptly report to ENGINEER in writing any
delays, defects or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results
of CONTRACTOR's Work. CONTRACTOR's failure so to
report will constitute an acceptance of such other work as fit
and proper for integration with CONTRACTOR's Work except
for latent or nonapparent defects and deficiencies in such other
work.
FM
Coordination:
7.4. If OWNER contracts with others for the performance
of ether work on the Project at the site, the following will be set
forth in Supplementary Conditions:
7.4.1. the person, firm or corporation who will have
authority and responsibility for coordination of the activities
among the various prime contractors will be identified;
7.4.2. the specific matters to be covered by such author -
icy and responsibility will be itemized; and
7.4.3. the extent of such authority and responsibilities
will be provided.
Unless otherwise provided in the Supplementary Condi-
tions, OWNER shall have sole authority and responsibility in
respect of such coordination.
ARTICLE 8 —OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to CONTRAC-
TOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly when they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish ref-
erence points are set forth in paragraphs 4.1 and 4.4. Paragraph
4.2 refers to OWNER's identifying and making available to
CONTRACTOR copies of reports of explorations and tests of
subsurface conditions at the site and drawings of physical
conditions in existing structures at or contiguous to the site that
have been utilized by ENGINEER in preparing the Contract
Documents.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth in
paragraphs 5.5 through 5.10.
8.6.. OWNER is.obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain inspec-
tions, tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.10 and 15.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
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8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for. CONTRAC-
TOR's means, methods, techniques, sequences or procedures
of construction or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply
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Laws and Regulations applicable to the furnishing or responsiblefor
of the Work. OWNERo ill ootfu be
furnish Work in
CONTRACTORS failure to p
accordance with the Contract Documents.
8.10. OWNER'S responsibility in respect of undisclosed
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive
Materials uncovered or revealed at the site is set forth in
paragraph 4.5.
8.11. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial arrange-
ments have been made to satisfy OWNER's obligations under
the Contract Documents, OWNER's responsibility in respect
thereof will be as set forth in the Supplementary Conditions.
ARTICLE 9ENGlNEER'S TU
S DURING
—CONSTRUCTION B_
OWNER's Representative:
9.1. ENGINEER will be OWNER's representative and the
the construction period. The duties and respo s ti
limitations of authority of ENGINEER as OWNER's repre-
sentative during construction are set forth in the Contract
Documents and shall not be extended without written consent
of OWNER and ENGINEER.
observations of CONTRACTOR's Work ENGINEER will not
supervise, direct, control or have authority over or be respon-
sible for CONTRACT'OR'S means, methods, techniques, se-
quences or procedures of construction, or the safety precfailure o-
tions and programs incident wihereto, or th Laws or any f
CONTRACTOR to complyih Laws andRegulations appli-
cable to the furnishing or performance of the Work.
Project Representative:
9.3. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist ENGI-
NEER in providing more continuous observation of the Work.
The responsibilities and authority and limitations thereon of
any such Resident Project aRepresentative .athe Supplementary
as assistants will be
nsin paragraph ates another representative or
Conditions. If OWNER design
agent to represent OWNER at the site who is not ENGI-
NEER's Consultant, agent or employee, the responsibilities
and authority and limitations thereon of such other person will
be as provided in the Supplementary Conditions.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as ENGI-
NEER deems necessarY
in ordnal er oobserve as the progress athat hasebeen
and qualified design professional
made and the quality of the various aspects of CONTRAC-
TOR'S executed Work. Based on information obtained during
such visits and observations, ENGINEER will endeavor for
the benefit of OWNER to determine, in general, if the Work is
proceeding in accordance with the Contract Documents. EN-
GINEER will not be required to make exhaustive or.continu-
ous on -site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward providing
for OWNER a greater degree of confidence that the completed
Work will conform generally to the Contract Documents. On
the basis of such visits and on -site observations, ENGINEER
will keep OWNER informed of the progress
edefective Workrk. and
will endeavor to guard OWNER against ef
EN-
GINEER'S visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility set
forth in paragraph 9.13, and particularly, but without limitation,
during or as a result of ENGINEER'S on -site visits or
Cianficatians and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents (in the form of DrawingS which
or
otherwise) as ENGINEER may determine necessary,
shall be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clari@cations and
interpretations will be binding on OWNER that andCONC
a wrti en
TOR. If OWNER or CONTRALTO
clarification or interpretation justifies an adjustment in the
Contract Price or the Contract Times and the parties are unable
to agree to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as pro-
vided in Article 11 or Article 12.
Authorized Vitrioliatts in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the
heeh ontract design concept t Price or the of
Contract Times and are compatible whole as indicated by
the completed Project as a functioning
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved promptly.
If OWNER or CONTRACTOR believes that a Field Order
justifies an adjustment in the Contract Price or the Contract
Times and the parties are unable to agree as tothe amount
make extent thereof, OWNER or CONTRACTOR may
written claim therefor as provided in Article II or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
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that ENGINEER believes will not produce a completed Project
that conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER will also have authority to require special inspec-
tion or testing of the Work as provided in paragraph 13.9,
whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with
ENGINEER's
authority as
to
Shop Drawings and Samples,
see paragraphs 6.24
through 6.28
inclusive.
9.8. In connection with
ENGINEER's
authority as
to
Change Orders, see Articles
10, II, and 12.
9.9. In connection with
ENGINEER's
authority as
to
Applications for Payment. see Article 14.
Deters inatioas fnr Unit Prices:
9.10. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CONTRAC-
TOR. ENGINEER will review w;th CONTRACTOR the EN-
GINEER's preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER's written
decision thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of any
such decision, either OWNER or CONTRACTOR delivers to
the other and to ENGINEER written notice of intention to
appeal from ENGINEER's decision and: (i) an appeal from
ENGINEER's decision is taken within the time limits and in
accordance with the procedures set forth in Exhibit GC -A,
"Dispute Resolution Agreement," entered into between
OWNER and CONTRACTOR pursuant to Article 16, or (ii) if
no such Dispute Resolution Agreement has been entered into,
a formal proceeding is instituted by the appealing party in a
forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to
ENGINEER's decision, unless otherwise agreed in writing by
OWNER and CONTRACTOR. Such appeal will not be subject
to the procedures of paragraph 9.11.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes *and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
Claims under Articles It and 12 in respect of changes in the
Contract Price or Contract Times will be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance with this paragraph. Written notice of each such
claim, dispute or other matter will be delivered by the claimant
31
to ENGINEER and the other party to the Agreement promptly,
(but in no event later than thirty days) after the start of the
occurrence or event giving rise thereto, and written supporting
data will be submitted to ENGINEER an: the other party
within sixty days after the start of such occurrence or event
unless ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support of
such claim, dispute or other matter. The opposing party shall
submit any response to ENGINEER and the claimant within
thirty days after receipt of the claimant's last submittal (unless
ENGINEER allows additional time). ENGINEER will render
a formal decision in writing within thirty days after receipt of
the opposing party's submittal, if any, in accordance with this
paragraph. ENGINEER's written decision on such claim,
dispute or other matter will be final and binding upon OWNER
and CONTRACTOR unless: (i) an appeal from ENGINEER's
decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC -A, "Dispute Reso-
lution Agreement." entered into between OWNER and CON-
TRACTOR pursuant to Article 16. or (ii) if no such Dispute
Resolution Agreement has been entered into, a written notice
of intention to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other and to
ENGINEER within thirty days after the date of such decision
and a formal proceeding is instituted by the appealing party in
a forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to such
claim, dispute or other matter in accordance with applicable
Laws and Regulations within sixty days of the date of such
decision, unless otherwise agreed in writing by OWNER and
CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show partiality
to OWNER or CONTRACTOR and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect
to any such claim, dispute or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.15) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any such claim, dispute or other matter pursuant to Article 16.
9.13. Limitations on ENG(NEER's Authority and Responsibilities:
9.13.1. Neither ENGINEER's authority or responsibil-
ity -under this Article 9 or under. any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
or responsibility or the undertaking, exercise or performance
of any authority or responsibility by ENGINEER shall
create. impose or give rise to any duty owed by ENGINEER
to CONTRACTOR, any Subcontractor, any Supplier, any
other person or organization. or to any surety for or em-
ployee or agent of any of them.
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9.13.2. ENGINEER will not supervise, direct, control
or have authority over or be responsible for CONTRAC-
TOR's means, methods, techniques, sequences or proce-
dures of construction, or the safety precautions and pro -
grains incident thereto, or for any failure of CONTRACTOR
to comply with Laws and Regulations applicable to the
furnishing or performance of the Work. ENGINEER will not
be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Docu-
ments:
19.13.3. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of any Subcontractor.
any Supplier, or of any other person or organization perform-
ing or furnishing any of the Work.
9.13.4. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
bonds and certificates of inspection, tests and approvals and
Other documentation required to be delivered by paragraph
14.12 will only be to determine generally that their content
complies with the requirements of, and in the case of
certificates of inspections, tests and approvals that the
results certified indicate compliance with, the Contract Doc-
uments.
9.13.5. The limitations upon authority and responsibility
set forth in this paragraph 9.13 shall also apply to ENGI-
NEER's Consultants, Resident Project Representative and
assistants.
ARTICLE 10 —CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions or revisions in the Work.
Such additions, deletions or revisions will'be authorized by
a Written Amendment, a Change Order, or a Work Change
Directive. Upon receipt of any such document, CONTRAC-
TOR shall promptly proceed with the Work involved which
will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically pro-
vided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent, if any, of an adjustment in the Contract Price
or an adjustment of the Contract Times that should be allowed
as a result of a Work Change Directive, a claim may be made
therefor as provided in Article II or Article 12.
10.3. CONTRACTOR shall not be entitled to an increase in
the Contract Price or an extension of the Contract Times with
respect to any Work performed that is not required by the
Contract Documents as amended, modified and supplemented
as provided in paragraphs 3.5 and 3.6 except in the case of an
emergency as provided in paragraph 6.23 or in the case of
uncovering Work as provided in paragraph 13.9.
10.4. OWNER. and CONTRACTOR shall execute appro-
priate Change Orders recommended by ENGINEER (or Writ-
ten Amendments) covering:
10.4.1. changes in the Work which are (i) ordered by
OWNER pursuant to paragraph 10.1, (ii) required because of
acceptance of defective Work under paragraph 13.13 or
correcting defective Work under paragraph 13.14, or (iii)
agreed to by the parties;
10.4.2.
changes
in the Contract
Price or Contract Times
which
are
agreed to
by the parties;
and
10.4.3.,
changes
in the Contract
Price or Contract Times
which
embody the
substance of any
written decision ren-
dered
by ENGINEER
pursuant to
paragraph 9.11;
provided that, in lieu of executing any such Change Order, an
appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal, CON-
TRACTOR shall carry on the Work and adhere to the.progress
schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the. general scope of
the Work or the provisions of the Contract Documents (includ-
ing, but not limited to, Contract Price or Contract Times) is
required by the provisions of any Bond to be given to a surety,
the giving of any such notice will be CONTRACTOR's respon-
sibility, and the amount of each applicable Bond will be
adjusted accordingly.
ARTICLE I I —CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensa-
tion (subject, to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties, responsibili-
ties and obligations assigned to or undertaken by CONTRACTOR
shall be at CONTRACTOR's expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an adjust-
ment in the Contract Price shall be based on written notice
delivered by the party making the claim to the other party and
to ENGINEER promptly (but in no event later than thirty
days) after the start of the occurrence or event giving rise to the
claim and stating the general nature of the claim. Notice of the
amount of the claim with supporting data shall be delivered
'within sixty days after the start of such occurrence or event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that
the adjustment claimed covers all known amounts to which the
claimant is entitled as a result of said occurrence or event. All
claims for adjustment in the Contract Price shall be determined
by ENGINEER in accordance with paragraph 9.11 if OWNER
and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Price will
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be valid if not submitted in accordance with this paragraph
11..
11.3. The value of any Work covered'by a Chang; Order or
of any claim for an adjustment in the Contract Price will be
determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by application
of such unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1 through
11.9.3, inclusive);
11.3.2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a mutually
agreed lump sum (which may include an allowance for
overhead and profit not necessarily in - accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agreement
to a lump sum is not reached under paragraph 11.3.2, on the
basis of the Cost of the Work (determined as provided in
paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for
overhead and profit (determined as provided in paragraph
11.6).
' Cost of the Work:
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11.4. The term Cost of the Work means the sum of all costs
necessarily incurred and paid by CONTRACTOR in the prcper
performance of the Work. Except as otherwise may be agreed
to in writing by OWNER, such costs shall be in amounts no
higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the
costs itemized in paragraph 11.5: .
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER and
CONTRACTOR. Such employees shall include without lim-
itation superintendents, foremen and other personnel em-
ployed full- time at the ste. Payroll costs for employees not
employed full time on the Work shall be apportioned on the
basis of their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and wages plus the
cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, work-
ers' compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto. The
expenses of performing Work after' regular working hours,
on Saturday, Sunday or legal holidays;=shall be included in
the above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and
incorporated in the Work, including costs of transportation
and storage thereof, and Suppliers' field services required'in
connection therewith. All cash discounts shall accrue to
CONTRACTOR unless OWNER deposits funds with CON-
TRACTOR with which to make payments, in which case the
33
cash discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and returns from sale of surplus materi-
als and equipment shall accrue to OWNER, and CON-
TRACTOR shall make provisions so that they may be
obtained.
11:4.3.Payments made by CONTRACTOR to the Sub-
contractors for Work performed or furnished by Subcontrac-
tors. If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to OWNER
and CONTRACTOR and shall deliver such bids to OWNER
who will then determine, with the advice of ENGINEER,
which bids, if any, will be accepted. If any subcontract
provides that the Subcontractor is to be paid on the basis of
Cost of the Work Plus a fee, the Subcontractor's Cost of the
Work and fee shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided in
paragraphs 11,4, 11.5, 11.6 and 11.7. All subcontracts shall
be subject to the other provisions of the Contract Documents
insofar as applicable.
11.4.4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories, survey-
ors, attorneys and accountants) employed for services spe-
cifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation,
travel and subsistence expenses of CONTRACTOR's em-
ployees incurred in discharge of duties connected with the
Work.
11.4.5.2. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment, machinery,
appliances, office and temporary facilities at the site and
hand tools not owned by the workers, which are con-
sumed in the performance of the Work, and cost less
market value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR orothers in accordance with rental agree-
ments approved by OWNER with the advice of ENGI-
NEER, and the costs of transportation, loading, unload-
ing, installation, dismantling and removal thereof all in
accordance with the terms of said rental agreements. The
rental of any such equipment, machinery or pans shall
cease when the use thereof is no longer necessary for the
Work.
11.4.5.4. Sales, consumer, use or similar taxes related
to the Work, and for which CONTRACTOR is liable,
imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
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11.4.5.6. Losses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by CONTRACTOR in
connection with the performance and furnishing of the
Work (except losses and damages within the deductible
amounts of property insurance established by OWNER in
accordance with paragraph 5.9), provided they have re-
sulted from causes other than the negligence of CON-
TRACTOR,' any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any
of them may be liable. Such losses shall include settle-
ments made with the written consent and approval of
OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of
determining CONTRACTOR's fee. If, however, any such
loss or damage requires reconstruction and CONTRAC-
TOR is placed in charge thereof, CONTRACTOR shall be
paid for services a fee proportionate to that stated in
paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facili-
ties at the site.
11.4.5.8. Minor expenses such as telegrams, long dis-
tance telephone calls, telephone service at the site, ex-
pressage and similar petty cash items in connection with
the Work.
11.4.5.9. Cost of premiums for additional Bonds and
insurance required because of changes in the Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (of partnership
and sole proprietorships), general managers, engineers, ar-
chitects, estimators, attorneys, auditors, accountants, pur-
chasing and contracting agents, expediters, timekeepers,
clerks and other personnel employed by CONTRACTOR
whether at the site or in CONTRACTOR's principal or a
branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically
covered by paragraph 11.4.4 —all of which are to be consid-
ered administrative costs covered by the CONTRACTOR's
fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the site.
11.5.3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRACTOR's capital employed for
the Work and charges against CONTRACTOR for delin-
quent payments..
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase and maintain the same
(except for the cost of premiums covered by subparagraph
11.4.5.9 above).
11.5.5.. Costs due to the negligence of CONTRAC-
TOR, any Subcontractor, or anyone directly or indi-
rectly employed by any of them or for whose acts any
of them may be liable, including but not limited to, the
correction of defective Work, disposal of materials or
equipment wrongly supplied and making good any
damage to property.
Other overhead or general expense costs of any kind
and the costs of any item not specifically and expressly
included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1
and 11.4.2, the CONTRACTOR's fee shall be fifteen
percent;
11.6.2.2. (br costs incurred under paragraph 11.4.3,
the CONTRACTOR's fee shall be five percent;
11.6.2.3. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no fixed fee
is agreed upon, the intent of paragraphs 11.4.1, 11.4.2,
11.4.3 and 11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier, will be
paid a fee of fifteen percent of the costs incurred by such
Subcontractor under paragraphs 11.4.1 and 11.4.2 and that
any higher tier Subcontractor and CONTRACTOR will
each be paid a fee of five percent of the amount paid to the
next lower tier Subcontractor;
11.6.2.4.
no
fee shall be
payable
on
the basis of costs
itemized
under
paragraphs 11.4.4,
11.4.5
and 11.5;
11.6.2.5. the amount of credit to be allowed by CON-
TRACTOR to OWNER for any change which results in a
net decrease in cost will be the amount of the actual net
decrease in cost plus a deduction in CONTRACTOR's fee
by an amount equal to five percent of such net decrease;
and
11.6.2.6. when both additions and credits are involved
in any one change, the adjustment in CONTRACTOR's
fee shall be computed on -the basis of the net change in
accordance with paragraphs 11.6.2.1 through 11.6.2.5,
inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will
establish and maintain records thereof in accordance with
generally accepted accounting practices and submit in form
acceptable to ENGINEER an itemized cost breakdown to-
gether with supporting data.
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C,:t $ Allowances:
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11.8. It is understood that CONTRACTOR has included in
the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be fur-
nished and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRACTOR agrees that:
11.8.1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials and
equipment required by the allowances to be delivered at the
site, and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and han-
dling on the site, labor, installation costs, overhead, profit
and other expenses contemplated for the allowances have
been included in the Contract Price and not in the allowances
and no demand for additional payment on account of any of
the foregoing will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall be correspondingly
adjusted.
11.9. Unit Price Work:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the established unit
price for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of items of Unit Price
Work are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and classifica-
tions of Unit Price Work performed by CONTRACTOR will
be made by ENGINEER in accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sepa-
rately identified item.
11.9.3. OWNER or CONTRACTOR may make a claim
for an adjustment in the Contract Price in accordance with
Article I I if:
11.9.3.1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and sig-
nificantly from the estimated quantity of such item indi-
cated in the Agreement; and
11.9.3.2. there is no corresponding adjustment with
respect to any other item of Work; and
11.9.3.3. if CONTRACTOR believes that CONTRAC-
TOR is entitled to an increase in Contract Price as a result
35
of having incurred additional expense or OWNER be-
lieves that OWNER is entitled to a decrease in Contract
Price and the parties are unable to agree as to the amount
of any such increase or decrease.
ARTICLE 12 —CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment. Any
claim for an adjustment of the Contract Times (or Milestones)
shall be based on written notice delivered by the party making
the claim to the other party and to ENGINEER promptly (but
in no event later than thirty days) after the occurrence of the
event giving rise.to the claim and stating the general nature of
the claim. Notice of the extent of the claim with supporting
data shall be delivered within sixty days after such occurrence
(unless ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim) and shall
be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Times (or Milestones) shall be determined by ENGI-
NEER in accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
if not submitted io accordance with the requirements of this
paragraph 12.1.
12.2. Al! time limits stated in the Contract Documents are
of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of CONTRAC-
TOR, the Contract Times (or Milestones) will be extended in an
amount equal to the time lost due to such delay if a claim is
made therefor as provided in paragraph 12.1. Delays beyond
the control of CONTRACTOR shall include, but not be limited
to, acts or neglect by OWNER, acts or neglect of utility owners
or other contractors performing other work as contemplated by
Article 7, fires, floods, epidemics, abnormal weather condi-
tions or acts of God. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy for
such delay. In no event shall OWNER be liable to CONTRAC-
TOR, any Subcontractor, any Supplier, any other person or
organization, or to any surety for or employee or agent of any
of them, for damages arising out of or resulting from (i) delays
caused by or within the control of CONTRACTOR, or (ii)
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delays beyond the control of both parties including but not
limited to fires, floods, epidemics, abnormal weather condi-
tions, acts of God or acts or neglect by utility owners or
other contractors performing other work as contemplated by
Article 7.
ARTICLE 13 —TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.1. Notice of Defects: Prompt notice of all defective
Work of which OWNER or ENGINEER have actual knowl-
edge will be given to CONTRACTOR. All defective Work
may be rejected, corrected or accepted as provided in this
Article 13.
Access to Work:
13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER, independent
testing laboratories and governmental agencies with jurisdic-
tional interests will have access to the Work at reasonable times
for their observation, inspecting and testing. CONTRACTOR
shall provide them proper and safe conditions for such access
and advise them of CONTRACTOR's site safety procedures
and programs so that they may comply therewith as applicable.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely no-
tice of readiness of the Work for all required inspections, tests
or approvals, and shall cooperate with inspection and testing
personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspections, tests,
or approvals required by the Contract Documents except:
13.4.1. for inspections, tests or approvals covered by
paragraph 13.5 below;
13.4.2. that costs incurred in
connection with
tests or
inspections conducted pursuant
to paragraph
13.9
below
shall be paid as provided in said
paragraph 13.9;
and
13.4.3. as otherwise specifically provided in the Con-
tract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically to be
inspected, tested or approved by an employee or other repre-
sentative of such public body. CONTRACTOR shall assume
full responsibility for arranging and obtaining such inspections,
tests or approvals, pay all costs in connection therewith, and
furnish ENGINEER the required certificates of inspection, or
approval. CONTRACTOR shall also be responsible for arrang-
ing and obtaining and shall pay all costs in connection with any
inspections, tests or approvals required for OWNER's and
ENGINEER's acceptance of, materials or equipment to be
incorporated in the Work, or of materials, mix designs, or
equipment submitted for approval prior to CONTRACTOR's
purchase thereof for incorporation in the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if re-
quested by ENGINEER, be uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6 shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
Uncovering Work:
13.8. If any Work is covered contrary to the written request
of ENGINEER, it must, if requested by ENGINEER, be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's re-
quest, shall uncover, expose or. otherwise make available for
observation, inspection or testing as ENGINEER may require,
that portion of the Work in question, furnishing all necessary
labor, material and equipment. If it is found that such Work is
defective, CONTRACTOR shall pay all claims, costs, losses
and damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing and
of satisfactory replacement or reconstruction (including but not
limited to all costs of repair or replacement of work of others);
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof, may make a claim therefor as provided in
Article II. If, however, such Work is not found to be defective,
CONTRACTOR shall be allowed an increase in the Contract
Price or an extension of the Contract Times (or Milestones), or
both, directly attributable to such uncovering, exposure, ob-
servation, inspection, testing, replacement and reconstruction;
and, if the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefor as pro-
vided in Articles II and 12.
OWNER May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or equip-
ment, or fails to furnish or perform the Work in such a way that
the completed Work will conform to the Contract Documents,
OWNER may order CONTRACTOR to stop the Work, or any
portion thereof, until the cause for such order has been
eliminated; however, this right of OWNER to stop the Work
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13.12.2. In special circumstances where a particular item
of equipment is placed in continuous service before Substan-
tial Completion of all the Work, the correction period for that
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
' 13.12.3. Where defective Work (and damage to other
Work resulting therefrom) has been corrected, removed or
replaced under this paragraph 13.12, the correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or re-
moval and replacement has been satisfaciorilycompleted.
Acceptance of Defective Work:
shall not give rise to any duty on the part of OWNER to
exercise this right for the benefit of CONTRACTOR or any
surety or other party.
Correction or Removal of Defective Work:
13.11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defective Work, whether
or not fabricated, installed or completed, or; if the Work has
been rejected by ENGINEER, remove it from the site and
replace it with Work that is not defective. CONTRACTOR shall
pay all claims, costs, losses and damages caused by or resulting
from such correction or removal (including but not limited to all
costs of repair or replacement of work of others).
13.12. Correction Period -
13.12.1. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract Doc-
uments or by any specific provision of the Contract Docu-
ments, any Work is found to be defective, CONTRACTOR
shall promptly, without cost to OWNER and in accordance
with OWNER's written instructions: (i) correct such defec-
tive Work, or, if it has been rejected by OWNER, remove it
from the site and replace it with Work that is not defective,
and (ii) satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting
therefrom. If CONTRACTOR does not promptly comply
with the terms of such instructions, or in an emergency
where delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims, costs,
losses and damages caused by or resulting from such re-
moval and replacement (including but not limited to all costs
of repair or replacement of work of others) will be paid by
CONTRACTOR.
'13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to ENGI-
NEER's recommendation of final payment, also ENGINEER)
prefers to accept it, OWNER may do so. CONTRACTOR shall
37
pay all claims, costs, losses and damages attributable to
OWNER's evaluation of and determination to accept such
defective Work (such costs to be approved by ENGINEER as
to reasonableness). If any such acceptance occurs prior to
ENGINEER's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work; and OWNER
shall be entitled to an appropriate decrease in the Contract
Price, and, if the parties are unable to agree as to the amount
thereof, OWNER may make a claim therefor as provided in
Article II. If the acceptance occurs after such recommenda-
tion, an appropriate amount will be paid by CONTRACTOR to
OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.11, or if CON-
TRACTOR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR fails to comply
with any other provision of the Contract Documents, OWNER
may, after seven days' written notice to C0NTRACTOF.
correct and remedy any such deficiency. In exercising the
rights and remedies under this paragraph OWNER shall pro-
ceed expeditiously. In connection with such corrective and
remedial action. OWNER may exclude CONTRACTOR from
all or part of thin site, take possession of all or part of the Work,
and suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances, construc-
tion equipment and machinery at the site and incorporate in the
Work all materials and equipment stored at the site or for which
OWNER has paid CONTRACTOR but which are stored
elsewhere. CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees, OWNER's other con-
tractors.and ENGINEER and ENGINEER's Consultants ac-
cess to the site to enable OWNER to exercise the rights and
remedies under this paragraph. All claims, costs, losses and
damages incurred or sustained by OWNER in exercising such
rights and remedies -will be charged against CONTRACTOR
and a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof, OWNER may make a claim therefor as
provided in Article II. Such claims, costs, losses and damages
will include but not be limited to all costs of repair or replace-
ment of work of others destroyed or damaged by correction,
removal or replacement of CONTRACTOR's defective Work.
CONTRACTOR shall not be allowed an extension of the
Contract Times (or Milestones) because of any delay in the
performance of the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
ARTICLE IIPAYMENTSTO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments and
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will be incorporated into a form of Application for Payment
acceptable to ENGINEER. Progress payments on account of
Unit Price Work will be based on the number of units com-
pleted.
Application for Progress Payment:
14.2. At least twenty days before the date established for
each- progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the date
of the Application and accompanied by such supporting
documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equip-
ment not incorporated in the Work but delivered and suitably
stored at the site or at another location agreed to in writing,
the Application for Payment shall also be accompanied by a
bill of sale, invoice or other documentation warranting that
OWNER has received the materials and equipment free and
clear of all Liens and evidence that the materials and
equipment are covered by appropriate property insurance
and other arrangements to protect OWNER's interest therein,
all of which will be satisfactory to OWNER. The amount of
retainage with respect to progress payments will be as
stipulated in the Agreement.
CONTRtCTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to
all Work, materials and equipment covered by any Application
for Payment, whether incorporated in the Project or not, will
pass to OWNER no later than the time of payment free and
clear of all Liens.
Review of Applications for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application to
OWNER, or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to recom-
mend payment. In the latter case, CONTRACTOR may make
the necessary. corrections and resubmit the Application. Ten
days after presentation of the Application for Payment to
OWNER with ENGINEER's recommendation, the amount
recommended will (subject to the provisions of the last sen-
tence of paragraph 14.7) become due and when due will be paid
by OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment re-
quested in an Application for Payment will constitute a repre-
sentation by ENGINEER to OWNER, based on ENGINEER's
on -site observations of the executed Work as an experienced
and qualified design professional and on ENGINEER's review
of the Application for Payment and the accompanying data and
schedules, that to the best of ENGINEER's knowledge, infor-
mation and belief:
14.5.1. the Work has progressed to the point indicated,
14.5.2. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to an evalu-
ation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent
tests called for in the Contract Documents, to a final
determination of quantities and classifications for Unit
Price Work under paragraph 9.10, and to any other quali-
fications stated in the recommendation), and
14.5.3. the conditions precedent to CONTRACI'OR's
being entitled to such payment appear to have been
fulfilled in so far as it is ENGINEER's responsibility to
observe the Work.
However, by recommending any such payment ENGINEER
will not thereby be deemed to have represented that: (i)
exhaustive or continuous on -site inspections have been made
to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or (ii) that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or entitle OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any payment, in-
cluding final payment, shall not mean that ENGINEER is
responsible forCONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of Work, or for any
failure of CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole or
any part of any payment if, in ENGINEER's opinion, it would
be incorrect to make the representations to OWNER referred
to in paragraph 14.5. ENGINEER may also refuse to recom-
mend any such payment, or, because of subsequently discov-
ered evidence or the results of subsequent inspections or tests,
nullify any such payment previously recommended, to such
extent as may be necessary in ENGINEER's opinion to
protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to correct defec-
tive Work or complete Work in accordance with paragraph
13.14, or
14.7.4. ENGINEER has actual knowledge of the oc-
currence of any of the events enumerated in paragraphs
15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTORs performance or furnishing of
the Work,
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14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered
' specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.7.7, there are other items entitling OWNER to a
' set-off against the amount recommended, or
14.7.8. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in paragraphs
14.7.1 through. 14.7.3 or paragraphs 15.2.1 through 15.2.4
inclusive;
'but OWNER must give CONTRACTOR immediate written
notice (with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACTOR the amount so
withheld, or any adjustment thereto agreed to by OWNER and
CONTRACTOR, when CONTRACTOR corrects to OWN -
ER's satisfaction the reasons for such action.
ISubstantial Completion:
14.8. When CONTRACTOR considers the entire Work
'ready for its intended use CONTRACTOR shall notify OWN ER
and ENGINEER in writing that the entire Work is substantially
complete (except for items specifically listed by CONTRAC-
TOR as incomplete) and request that ENGINEER issue a
certificate of Substantial Completion. Within a reasonable time
thereafter, OWNER. CONTRACTOR and ENGINEER shall
make an inspection of the Work to determine the status c,f
'completion. If ENGINEER does not consider the Work sub-
stantially complete, ENGINEER will notify CONTRACTOR
in writing giving the reasons therefor. If ENGINEER considers
the Work substantially complete, ENGINEER will prepare and
'deliver to OWNER a tentative certificate of Substantial Com-
pletion which shall fix the date of Substantial Completion.
There shall be attached to the certificate a tentative list of items
to be completed or corrected before final payment. OWNER
shall have seven days after receipt of the tentative certificate
during which to make written objection to ENGINEER as to
any provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that the
Work is not substantially complete, ENGINEER will within
fourteen days after submission of the tentative certificate to
OWNER notify CONTRACTOR in writing, stating the reasons
'therefor. If, after consideration of OWNER's objections, EN-
GINEER considers the Work substantially complete, ENGI-
NEER will within said fourteen days execute and deliver to
OWNER and CONTRACTOR a definitive certificate of Sub-
stantial Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time of
< -livery of the tentative certificate of Substantial Completion
ENGINEER will deliver to OWNER and CONTRACTOR a
written recommendation.as to division of responsibilities pend-
ng final payment between OWNER and CONTRACTOR with
r: spect to security, operation, safety, maintenance, heat, utili-
t: •s, insurance and warranties and guarantees. Unless OWNER
a. :d CONTRACTOR agree otherwise in writing and so inform
39
ENGINEER in writing prior to ENGINEER'sissuing the
definitive certificate ofSubstantial Completion, ENGINEER's
aforesaid recommendation will be binding on OWNER and
CONTRACTOR until final payment.
• 14.9. OWNER shall have the right to exclude CONTRAC-
TOR from the Work after the date of Substantial Completion,
but OWNER shall allow CONTRACTOR reasonable access to
complete or correct items on the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any sub-
stantially completed part of the Work which: (i) has specifically
been identified in the Contract Documents, or (ii) OWNER,
ENGINEER and CONTRACTOR agree constitutes a sepa-
rately functioning and usable part of the Work that can be used
by OWNER for its intended purpose without significant inter-
ference with CONTRACTOR'S performance of the remainder
of the Work, may be accomplished prior to Substantial Com-
pletion of all the Work subject to the following:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees that such par[ of the Work.'is substan-
tially complete, CONTRACTOR will certify to OWNER
and ENGINEER that such part of the Work is substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion forthat part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a
certificate of Substantial Completion for that part of the
Work. Within a reasonable time after either such request,
OWNER. CONTRACTOR and ENGINEER shall make
an inspection of that part of the Work to determine its
status of completion. If ENGINEER does not consider
that part of the Work to be substantially complete, ENGI-
NEER will notify OWNER and CONTRACTOR in writ-
ing giving the reasons therefor. If ENGINEER considers
that part of the Work to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will apply with
respect to certification of Substantial Completion of that
part of the Work and the division of responsibility in
respect thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete, ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
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particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to complete such Work or
remedy such deficiencies.
Final Application for Payment:
• 14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered in
accordance with the Contract Documents all maintenance and
operating instructions, schedules, guarantees, Bonds, certifi-
cates or other evidence of insurance required by paragraph 5.4,
certificates of inspection, marked -up record documents (as
provided in paragraph 6.19) and other documents, CONTRAC-
TOR may make application for final payment following the
procedure for progress payments. The final. Application for
Payment shall be accompanied (except as previously delivered)
by: (i) all documentation called for in the Contract Documents,
including but not limited to the evidence of insurance required
by subparagraph 5.4.13, (ii) consent of the surety, if any, to final
payment, and (iii) complete and legally effective releases or
waivers (satisfactory to OWNER) of all Liens arising out of or
filed in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER, CONTRAC-
TOR may furnish receipts or releases in full and an affidavit of
CONTRACTOR that: (i) the releases and receipts include all
labor, services, material and equipment for which a Lien could
be filed, and (ii) all payrolls, material and equipment bills and
other indebtedness connected with the Work forwhich OWNER
or OWNER's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full.
CONTRACTOR may furnish a Bond or other collateral satis-
factory to OWNER to indemnify OWNER against any Lien.
Find Payment and Acceptance:
14.13. If, on the basis of ENGINEER's observation of the
Work during construction and final inspection, and ENGI-
NEER's review of the final Application for Payment and
accompanying documentation as required by the Contract
Documents, ENGINEER is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the
Contract Documents have been fulfilled, ENGINEER will,
within ten days after receipt of the final Application for
Payment, indicate in writing ENGINEER's recommendation
of payment and present the Application to OWNER for pay-
ment. At the same time ENGINEER will also give written
notice to OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions ofparagraph 14.15..Oth-
erwise, ENGINEER will return the Application to CON-
TRACTOR, indicating in writing the reasons for refusing to
recommend final payment, in which case CONTRACTOR shall
make the necessary corrections and resubmit the Application.
Thirty days after the presentation to OWNER of the Applica-
tion and accompanying documentation, in appropriate form
and substance and with ENGINEER's recommendation and
notice of acceptability, the amount recommended by ENGI-
NEER will become due and will be paid by OWNER to
;KsySEflW id71
14.14. If, through no fault of CONTRACTOR, final com-
pletion of the Work is significantly delayed and if ENGINEER
so confirms, OWNER shall, upon receipt of CONTRACTOR's
final Application for Payment and recommendation of ENGI-
NEER, and without terminating the Agreement, make pay-
ment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by
OWNER for Work not fully completed or corrected is less than
the retainage stipulated in the Agreement, and if Bonds have
been furnished as required in paragraph 5.1, the written con-
sent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the Appli-
cation for such payment. Such payment shall be made under
the terms and conditions governing final payment, except that
it shall not constitute a waiver of claims.
Waiver of Claims:
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from unsettled Liens,
from defective Work appearing after final inspection pursu-
ant to paragraph 14.11, from failure to comply with the
Contract Documents or the terms of any special guarantees
specified therein, or from CONTRACTOR's continuing ob-
ligations under the Contract Documents; and
14.15.2. a waiver of all claims by CONTRACTOR against
OWNER other than those previously made in writingand
still unsettled.
ARTICLE 15 —SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. At any time and without cause, OWNER may sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an adjustment in the
Contract Priceor an extension of the Contract Times, or both,
directly attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles II
and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
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15.3. Where CONTRACTOR's services have been so ter-
,minated by OWNER, the termination will not affect any rights
or remedies of OWNER against CONTRACTOR then existing
or which may thereafter accrue. Any retention or payment of
moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRACTOR
'and ENGINEER, OWNER may, without cause and without
prejudice to any other right or remedy of OWNER, elect to
terminate the Agreement. In such case. CONTRACTOR shall
be paid (without duplication of any items):
15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents (in-
cluding, but not limited to, failure to supply sufficient skilled
workers or suitable materials or equipment or failure to
adhere to the progress schedule established under paragraph
2.9 as adjusted from time to time pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or Regula-
tions of any public body having jurisdiction;
15.2.2. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any sub-
stantial way any provisions of the Contract Documents;
OWNER may, after giving CONTRACTOR (and the surety,
if any,) seven days' written notice and to the extent permit-
ted by Laws and Regulations, terminate the services of
CONTRACTOR, exclude CONTRACTOR from the site and
take possession of the Work and of all CONTRACTOR's
tools, appliances, construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all materi-
als and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere,
and finish the Work as OWNER may deem expedient. In
such case CONTRACTOR shall not be entitled to receive
any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of or
resulting from completing the Work such excess will be paid
to CONTRACTOR. If such claims, costs, losses and dam-
ages exceed such unpaid balance, CONTRACTOR shall pay
the difference to OWNER. Such claims, costs, losses and
damages incurred by OWNER will be reviewed by ENGI-
NEER as to their reasonableness and when so approved by
ENGINEER incorporated in a Change Order, provided that
when exercising any rights or remedies under this paragraph
OWNER shall not be required to obtain the lowest price for
the Work performed.
15.4.1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the effec-
tive date of termination, including fair and reasonable sums
for overhead and profit on such Work;
• 15.4.2. for expenses sustained prior to the effective date
of termination in performing services and furnishing labor,
materials or equiptr:ent z required by the Contract Docu-
ments in connection with uncompleted Work, plus fair and
reasonable sums for overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages incurred
in settlement of terminated contracts with Subcontractors,
Suppliers and others; and
15.4.4. for reasonable expenses directly attributable to
termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss arising
out of or resulting from such termination.
CONTRACTOR May Stop Work or Terminate;
15.5. If; through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public author-
ity, or ENGINEER fails to act on any Application for
Payment within thirty days after it is submitted or OWNER
fails for thirty days to pay CONTRACTOR any sum finally
determined to be due, then CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER,
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminate the Agree-
ment and recover from OWNER payment on the same terms
as provided in paragraph 15.4. In lieu of terminating the
Agreement and without prejudice to any other right or
remedy, if ENGINEER has failed to act on an Application
for Payment within thirty days after it is submitted, or
OWNER has failed for thirty days to pay CONTRACTOR
any sum finally determined to be due, CONTRACTOR may
upon seven day's written notice to OWNER and ENGI-
NEER stop the Work until payment of all such amounts due
CONTRACTOR, including interest thereon. The provisions
of this paragraph 15.5 are not intended to preclude CON-
TRACTOR from making claim under Articles II and 12 for
an increase in Contract Price or Contract Times or otherwise
for expenses or damage directly attributable to CONTRAC-
TOR's stopping Work as permitted by this paragraph.
ARTICLE 16 —DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR have
agreed on the method and procedure for resolving disputes
between them that may arise under this Agreement, such
dispute resolution method and procedure, if any, shall be as set
forth in Exhibit GC -A, "Dispute Resolution Agreement," to be
attached hereto and made a part hereof. If no such agreement
on the method and procedure for resolving such disputes has
been reached, and subject to the provisions of paragraphs 9.10,
9.11, and 9.12, OWNER and CONTRACTOR may exercise
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such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any dispute.
ARTICLE 17 —MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid, to the last business address
known to the giver of the notice.
Computation of Times:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. If the last day
of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a day.
Notice of Claim:
17.3. Should OWNER or CONTRACTOR suffer injury or
damage to person or property because of any error, omission or
act of the other party or of any of the other party's employees
or agents or others for whose acts the other party is legally
liable, claim will be made in writing to the other party within a
reasonable time of the first observance of such injury or
damage. The provisions of this paragraph 17.3 shall not be
construed as a substitute for or a waiver of the provisions of
any applicable statute of limitations or repose.
Cumulative Remedies:
17.4. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder to
the parties hereto, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon CON-
TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1,
13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies
available to OWNER and ENGINEER thereunder, are in
addition to, and are not to be construed in any way as a
limitation of, any rights and remedies available to any or all of
them which are otherwise imposed or available by Laws or
Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of
this paragraph will be as effective as if repeated specifically in
the Contract Documents in connection with each particular
duty, obligation, right and remedy to which they apply.
Professional Fees and Court Costs Included:
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17.5. Whenever reference is made to "claims, costs, losses
and damages," it shall include in each case, but not be limited
to, all fees and charges of engineers, architects, attorneys and
other professionals and all court or arbitration or other dispute ..
resolution costs.
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EXHIBIT GC -A to General Conditions of the
Agreement Between OWNER and CON-
TRACTOR Dated
For use with EJCDC No. 1910-8 (1990 ed.)
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that Article 16
of the General Conditions to the Agreement between OWNER
and CONTRACTOR is amended to include the following
agreement of the parties:
16.1. All claims, disputes and other matters in question
between OWNER and CONTRACTOR arising out of or relat-
ing to the Contract Documents or the breach thereof (except
for claims which have been waived by the making or accep-
tance of final payment as provided by paragraph 14.15) will be
decided by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Asso-
ciation then obtaining, subject to the limitations of this Article
16. This agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable under
the prevailing law of any court having jurisdiction.
16.2. No demand for arbitration of any claim, dispute or
other matter that is required to be referred to ENGINEER
initially for derision in accordance with paragraph 9.11 will be
made until the earlier of (a) the date on which ENGINEER has
rendered a written decision or (b) the thirty-first day after the
parties have presented their evidence to ENGINEER if a
written decision has not been rendered by ENGINEER before
that date. No demand for arbitration of any such claim, dispute
or other matter will be made later than thirty days after the date
on which ENGINEER has rendered a written decision in
respect thereof in accordance with paragraph 9.11; and the
failure to demand arbitration within said thirty days' period will
result in ENGINEER's decision being final and binding upon
OWNER and CONTRACTOR. If ENGINEER renders a de-
cision after arbitration proceedings have been initiated, such
decision may be entered as evidence but will not supersede the
arbitration proceedings, except where the decision is accept-
able to the parties concerned. No demand for arbitration of any
written decision of ENGINEER rendered in accordance with
paragraph 9.10 will be made later than ten days after the party
making such demand has delivered written notice of intention
to appeal as provided in paragraph 9.10.
16.6. The award rendered by the arbitrators will be final,
16.3. Notice of the- demand for arbitration will be filed in judgmentmay be entered upon it in any court havingjurisdic-
writing with the other party to the Agreement and with the tion thereof, and it will not be subject to modification or appeal.
American Arbitration Association, and a copy will be sent to
ENGINEER for information. The demand for arbitration will
be made within the thirty -day or ten- day period specified in
paragraph 16.2 as applicable, and in all other cases within a
reasonable time after the claim, dispute or other matter in
question has arisen, and in no event shall any such demand be
made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the applicable statute of limita-
tions.
16.4. Except as provided in paragraph 16.5 below, no
arbitration arising out of or relating to the Contract Documents
shall include by consolidation, joinder or in any other manner
any other person or entity (including ENGINEER, ENGI-
NEER's Consultant and the officers, directors, agents, em-
ployees or consultants of any of them) who is not a party to this
contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among those
who are already parties to the arbitration, and
16.4.2. such other person or entity is substantially in-
volved in a question of law or fact which is common to those
who are already parties to the arbitration and which will arise
in such proceedings, and
16.4.3. the written consent of the other person or entity
sought to be included and of OWNER and CONTRACTOR
has been obtained for such inclusion, which consent shall
make specific reference to this paragraph; but no such
consent shall constitute consent to arbitration of any dispute
not specifically described in such consent or to arbitration
with any party not specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4 if a claim, dispute or
other matter in question between OWNER and CONTRAC-
TOR involves the Work of a Subcontractor, either OWNER or
CONTRACTOR may join such Subcontractor as a party to the
arbitration between OWNER and CONTRACTOR hereunder.
CONTRACTOR shall include in all subcontracts required by
paragraph 6.11 a specific provision whereby the Subcontractor
consents to being joined in an arbitration between OWNER
and CONTRACTOR involving the Work of such Subcontrac-
tor. Nothing in this paragraph 16.5 nor in the provision of such
subcontract consenting to joinder shall create any claim, right
or cause of action in favor of Subcontractor and against
OWNER, ENGINEER or ENGINEER's Consultants that
does not otherwise exist.
[The remainder of this page was left blank intentionally.)
GC -Al
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16.7... OWNER and CONTRACTOR agree that they shall
first submit any and all unsettled claims, counterclaims, dis-
putes and other matters in question between them arising out of
or relating to the Contract Documents or the breach thereof
("disputes"), to mediation by The American Arbitration As-
sociation under the Construction Industry Mediation Rules of
the American Arbitration Association prior to either of them
initiating against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating arbitra-
tion would irrevocably prejudice one of the parties. The
respective thirty and ten day time limits within which to file a
demand for arbitration as provided in paragraphs 16.2 and 16.3
above shall be suspended with respect to a dispute submitted to
mediation within those same applicable time limits and shall
remain suspended until ten days after the termination of the
mediation. The mediator of any dispute submitted to mediation
under this Agreement shall not serve as arbitrator of such
dispute unless otherwise agreed.
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05/27/99
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Section 00800
SUPPLEMENTARY CONDITIONS
LIST OF SUBJECTS
SC -1
Definitions
SC -1.46
Additional Definitions
SC -2.2
Copies of Documents
SC -2.6.3
Preliminary Schedule of Values
SC -2.7
Furnishing of Insurance Data
SC -4.2
Subsurface and Physical Conditions
SC -4.3
Physical Conditions
SC -5.1
Performance, Payment, and Other Bonds
SC -5.2
Change of Surety
SC -5.3.1
Licensed Sureties and Insurers
SC -5.3.2
Insurance Certificates
SC -5.4
Contractor's Liability Insurance
SC -5.4.7
Identification of Additional Insured
SC -5.4.11
Notice of Cancellation of Liability Insurance
SC -5.5
Owner's and Engineer's Contingent Protective Liability Insurance
SC -5.6
Property Insurance
SC -5.7
Other Insurance
SC -5.8
Notice of Cancellation of Property Insurance
SC -5.10
Contractor Requested Insurance
SC -5.12
Receipt and Application of Insurance Proceeds
SC -5.13
Alternative Settlement of Insurance Claims
SC -6.6
Progress Schedules
SC -6.13
Permits
SC -6.30
Contractor's General Warranty and Guarantee
SC -7.1
Related Work at Site
SC -7.2
Coordination of Contractors
SC -7.5
Separate Contractor Claim
SC -8.5
Owner's Property Insurance
SC -9.3
Project Representative
SC -10
Changes in the Work
SC -11.9.3
Unit Price Adjustment
SC -14.2
Application for Progress Payment
SC -14.4
Review of Applications for Progress Payment
SC -14.7
Recommendation of Progress Payments
City of Fayetteville
Page 00800-1
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05/27/99
These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract (EJCDC No. 1910-8, 1990 Edition) and other provisions of the Contract
Documents as indicated below. All provisions which are not so amended or supplemented remain
in full force and effect. Paragraph numbers in these Supplementary Conditions correspond to the
paragraph numbers in the General Conditions, except with the designation "SC".
SC -1 DEFINITIONS
The terms used in the Supplementary Conditions which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1990 Edition) have the meanings assigned
to them in the General Conditions. In addition to the provisions of Article 1, the following
supplemental definitions apply.
SC -1.27 "OWNER" shall mean the City of Fayetteville, Arkansas, acting through its duly
authorized representatives. Address - City of Fayetteville, 113 West Mountain, Fayetteville, AR
72701.
SC -1.46 Additional Definitions
Add the following definitions to Article 1 of the General Conditions.
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"1.46 "Surety" or "sureties" shall mean the bondsmen or party or parties who have made the ,
fulfillment of the contract by Bonds, and whose signatures are attached to such Bonds.
1.47 "Advertisement" shall mean the legal publications pertaining to the work of this contract.
1.48 "Plans" shall mean, collectively, all of the Drawings pertaining to the contract and made
a part thereof, and also such supplementary drawings as Engineer may issue from time to time
in order to clarify the Drawings, or for the purpose of showing changes in the work as authorized
under the General Requirements, or for the showing of details which are not shown thereon.
n
1.49 "Grade" shall mean and indicate the established elevations of the paving, flow lines of
sewers and other appurtenances as shown on the Drawings."
City of Fayetteville
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05/27/99
' SC -2.2 Copies of Documents
Delete paragraph 2.2 of the General Conditions in its entirety and insert the following in its place.
2.2 ENGINEER shall furnish to CONTRACTOR six bound copies of the Agreement and
other Contract Documents, the Bond or Bonds properly executed. CONTRACTOR shall execute
the Agreement and submit all copies to the OWNER for execution. The date of contract on the
Agreement, Bond forms, and power of attorney shall be left blank for filling in by OWNER.
These documents will be dated the date the OWNER executes the contract.
OWNER shall furnish to CONTRACTOR up to four copies of the Contract Documents as are
reasonably necessary for the execution of the Work. Additional copies will be furnished, upon
request, at the cost of reproduction."
SC -2.6.3 Preliminary Schedule of Values
Add the following to the end of Paragraph 2.6.3 of the General Conditions.
"The unit prices provided by CONTRACTOR in the Bid Form shall serve as the basis of the
Schedule of Values. Additional subdivision of unit price or lump sum items shall be made as
reasonably requested by ENGINEER or as required to verify progress payments for Unit Price
Work that will take place over several progress periods."
SC -2.7 Furnishing of Insurance Data
Delete all references to OWNER supplied and OWNER delivered insurance.
SC -4.2 Subsurface and Physical Conditions
Some subsurface investigation has been conducted within the project site area, and ENGINEER
has used some of the technical data related to subsurface and physical conditions in the
preparation of Drawings and Specifications.
SC -4.3 Physical Conditions —Underground Facilities
Add the following language at the end of paragraph 4.3.2.
' "This paragraph does not apply to Underground Facilities that are being relocated by others as
part of the Project. OWNER does not control the schedule of the owners of those Underground
' Facilities, and cannot determine whether those Underground Facilities will be relocated prior to,
simultaneous to, or after the Work under these Contract Documents. CONTRACTOR shall
City of Fayetteville
Page 00800-3
05/27/99
advise ENGINEER of Underground Facilities have been relocated, but may not make a claim for
changes in the Contract Price or Contract Times as a result of any such relocation. If the
relocation of Underground Facilities presents an obstacle to the Work continuing,
CONTRACTOR shall inform OWNER and ENGINEER of the obstacle, and ENGINEER will
determine if a change in the Work is required. If the change in the Work results in a change in
the quantity of Unit Price Work, CONTRACTOR will be paid for the actual Unit Price Work
installed."
SC -5.1 Performance, Payment and Other Bonds:
Add the following new paragraphs immediately after paragraph 5.1 of the General Conditions
which reads as follows:
"5.1.1 Resident Agent: CONTRACTOR shall furnish performance and payment Bonds as
provided for by Article 5 of the General Conditions executed by a resident local agent who is
licensed by the Arkansas State Insurance Commissioner to represent the surety company
executing said Bonds, and filing with such Bonds his power -of -attorney. The mere
countersigning of the Bonds by a resident agent shall not be sufficient.
5.1.2 Additional Information: CONTRACTOR shall provide the Bonds as described in these
sections within ten (10) days after the receipt of a Notice of Award.
For contracts in excess of $100,000 the Bonds shall be issued by a bonding company listed by
the A.M. BEST Rating Book as follows:
(1) contracts in excess of $100,000, but less than $1,000,000 - "B+" rating or higher and contract
amount may not exceed 2.0 percent of the policyholder's surplus.
(2) contracts in excess of $1,000,000 - "A" rating or higher and contracts may not exceed 2.0
percent of the policyholder's surplus.
The expense of all Bonds shall be borne by CONTRACTOR."
SC -5.2 Change of Surety
Delete paragraph 5.2 of the General Conditions in its entirety and insert the following new
paragraph in its place.
"5.2 If at any time a surety on any such Bond is declared bankrupt or loses its right to do
business in the State of Arkansas or is removed from the above list of surety companies, the
CONTRACTOR shall within ten (10) days after notice from the bond company that conditions
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are as described in this sentence and/or after notice from the OWNER to do so, substitute an
acceptable Bond or Bonds in such form and sum and signed by other surety or sureties as may
be satisfactory to the OWNER. The premiums on such Bonds shall be paid by CONTRACTOR.
No further payment shall be deemed due nor shall be made until the new surety or sureties shall
have furnished an acceptable Bond to the OWNER."
SC -5.3.1 Licensed Sureties and Insurers
Add the following new paragraphs immediately after paragraph 5.3.1 of the General Conditions
which reads as follows:
'CONTRACTOR shall furnish performance and payment Bonds as provided for by Article 5 of
the General Conditions executed by a resident local agent who is licensed by the Arkansas State
Insurance Commissioner to represent the surety company executing said Bonds, and filing with
such Bonds his power -of -attorney. The mere countersigning of the Bonds by a resident agent
shall not be sufficient.
No employers' liability, public liability or workmen's collective insurance policy shall be written
in any casualty company not authorized to do business in the State of Arkansas. These policies
shall likewise be issued by a resident local agent licensed by the Insurance Commission of the
State of Arkansas."
SC -5.3.2 Insurance Certificates
Delete the second sentence of paragraph 5.3.2 ("OWNER shall deliver to Contractor...") in its
entirety.
SC -5.4 Contractor's Liability Insurance
The limits for liability for the insurance required by paragraph 5.4 of the General Conditions shall
' provide coverage for not less than the following amounts or greater where required by Laws and
Regulations:
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Workers Compensation, etc. under paragraphs 5.4.1 and 5.4.2 of the General Conditions:
1) State: Statutory
2) Applicable Federal: Statutory
3) Employer's Liability: $100,000.00 each occurrence
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Comprehensive General Liability Insurance, under paragraphs 5.4.3 through 5.4.5 of the General
Conditions:
$1,000,000.00 Combined Single Limit
Policies will include premise/operations, products, completed operations, independent
contractors, explosions, collapse, underground hazard, Broad Form contractual, personal injury,
with employment exclusion deleted and broad form property damage.
Comprehensive Automobile Liability under paragraph 5.4.6 of the General Conditions:
(1) Bodily Injury:
$1,000,000.00 Each person
$2,000,000.00 Each occurrence
Property Damage: '
$500,000.00 Each occurrence
or '
(2) a combined single limit of $2,000,000.00.
SC -5.4.7 Additional Insureds
Additional insureds with respect to insurance required by paragraph 5.4 of the General
Conditions shall include: the City of Fayetteville, Arkansas (OWNER and ENGINEER).
SC -5.4.11 Notice of Cancellation of Liability Insurance
Add the following language at the end of paragraph 5.4.11 of the General Conditions: '
"any wording such as "will endeavor" or "but failure to mail such notice shall impose no
obligation or liability of any kind upon the [insurance] Company" shall be deleted from the
policies and insurance certificates."
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' SC -5.5 Owner's Liability Insurance
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Delete paragraph 5.5 of the General Conditions in its entirety and insert the following in its place:
"5.5. OWNER'S and ENGINEER'S Contingent Protective Liability Insurance.
CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents
and employees from and against all losses and claims, demands, payments, suits, actions,
recoveries, judgements of every nature and description brought or recovered against them by
reason of omission or act of CONTRACTOR, his agent(s), employees, Subcontractor, Supplier,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them may
be liable, in the execution of the Work or guarding of it. CONTRACTOR shall obtain in the
name of OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain
and pay the premiums for such insurance in an amount not less that $2,000,000.00 for property
damage and bodily injury limits, and with such provisions as shall protect OWNER and
ENGINEER from contingent liability under this contract.
' SC -5.6 Property Insurance
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Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place:
"5.6 Property Insurance. CONTRACTOR shall purchase and maintain, until final payment,
property insurance upon the Work at the site to the full insurable value thereof (subject to
deductible amounts as may be provided in the Supplementary Conditions or required by Laws
and Regulations) but not less than an amount equal to the total bid price. This insurance shall
include the interest of OWNER, CONTRACTOR, Subcontractors, ENGINEER and
ENGINEER'S consultants in the Work (all of whom shall be listed as insured or additional
insured parties), shall insure against the perils of fire and extended coverage, shall include "all-
risk" insurance for physical loss and damage including theft, vandalism and malicious mischief,
collapse, flood, and water damage, and such other perils as may be provided in the
Supplementary Conditions, and shall include damages, losses and expenses arising out of or
resulting from any insured loss or incurred in the repair or replacement of any insured property
(including but not limited to the fees and charges of engineers, architects, attorneys and other
professionals). If not covered under the "all-risk" insurance or otherwise provided in these
Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property
insurance on portions of the Work stored on and off the site or in transit when such portions of
the Work are to be included in an application for payment. The polices of insurance required to
be purchased and maintained by the CONTRACTOR in accordance with this paragraph 5.6 will
contain a provision or endorsement that the coverage afforded will not be canceled or materially
changed or renewal refused until at least 30 days prior written notice has been given to the
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OWNER by certified mail and will contain wavier provisions in accordance with General
Condition paragraph 5.11.2."
SC -5.7 Other Insurance
Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place:
"5.7 Other Insurance. CONTRACTOR is to protect OWNER against all loss during the
course of the contract. If, due to the nature of the Project, insurance coverage other than that
specified is needed by CONTRACTOR to protect OWNER against all losses, CONTRACTOR
shall be responsible for the determination of and procurement of any additional insurance
needed."
SC -5.8 Notice of Cancellation of Property Insurance
Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place:
"5.8 Policies shall also specify that insurance provided by CONTRACTOR will be considered
primary and not contributory to any other insurance available to OWNER or ENGINEER.
All polices will provide for 30 days written notice (certified mail shall be required) prior to any
cancellation or non -renewal of insurance policies required under the Contract. Any such
wording as "will endeavor" or "but failure to mail such notice shall impose no obligation or
liability of any kind upon the Company..." shall be deleted from the policies and certificates."
SC -5.10 Contractor Requested Insurance
Delete paragraph 5.10 of the General Conditions in its entirety.
SC -5.12 Receipt and Application of Insurance Proceeds
Delete paragraph 5.12 of the General Conditions in its entirety.
SC -5.13 Alternative Settlement of Insurance Claims
Delete paragraph 5.13 of the General Conditions in its entirety.
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ISC -6.6 Progress Schedules
Add a new paragraph 6.6.3. immediately following paragraph 6.6.2 which shall read:
6.6.3 An updated schedule, in the format specified in the Specifications, shall be required with
' each submittal for progress payment by CONTRACTOR. Failure to provide an accurate
schedule (and/or updated schedule) shall be reason for OWNER to refuse progress payment to
CONTRACTOR."
SC -6.13 Permits
Add a new paragraph 6.13.1 as follows.
I "6.13.1 CONTRACTOR shall obtain, and maintain on the job -site, an NPDES Storm Water
Discharge Permit, if needed, from the Arkansas Department of Environmental Quality (ADEQ).
CONTRACTOR shall request the necessary forms and instructions by writing to the following
address:
ADEQ
P.O. Box 8913
Little Rock, Arkansas 72219-8913
SC -6.30 Contractor's General Warranty and Guarantee
' Add a new paragraph 6.30.3 immediately following paragraph 6.30.2 which shall read:
"6.30.3 For a period of two years, or longer if specified by special guarantees or by law,
CONTRACTOR shall at the CONTRACTOR's expense make all repairs and replacements
'
necessitated by defects in the materials, workmanship or prosecution of the Work under this
contract, and pay for any damage to other works or property resulting from such defects.
' CONTRACTOR shall hold the OWNER and ENGINEER harmless from any liability of any kind
arising from said defects.
The effective date for the beginning of the two year warranty period will be as decided by the
ENGINEER and will be either the date of the ENGINEER's recommendation for Final Payment
in accordance with Article 14.13, Final Payment and Acceptance, or the date of Substantial
Completion as specified in Article 14.8.
CONTRACTOR shall make all repairs or replacements promptly upon receipt of written order
for the repairs or replacements from OWNER. If the CONTRACTOR fails to make the repairs
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or replacements promptly, OWNER may perform the work and the CONTRACTOR and the
CONTRACTOR's Surety shall be liable for all costs thereof."
SC -7.1 Related Work at the Site
Delete paragraph 7.1 of the General Conditions in its entirety and insert the following in its place. I
"7.1 The Work is part of a Capital Improvements Program. As a result of the City's proposed ,
improvements, additional right-of-way and/or easements may or may not be obtained by the City.
Some utilities in the area may have to undertake various relocation and demolition in the Project
area. Known utilities being required to relocate are water and some sewer. The known scope of
each of these is indicated in the Summary of Work. However, OWNER and ENGINEER do not
have all information concerning the proposed relocations of other utilities, nor is the proposed
schedule for relocating these utilities known. Also, OWNER and ENGINEER cannot be certain
that each and every utility requiring relocation have been identified as to type and owner. It is
likely that conditions at the site could vary according to work done by other utility owners prior
to the start of the Work under these Contract Documents. CONTRACTOR shall have no right
to make a claim for changes in the Contract Price or Contract Time as a result of the work of
other utility owners being done by those owners as a result of this Project, other than the right
for additional quantities of Unit Price Work, if applicable."
SC -7.2 Coordination of Contractors
Delete the first sentence of paragraph 7.2 of the General Conditions and insert the following
sentence in its'place.
"CONTRACTOR shall afford each utility owner and proper and safe access to the site and a
reasonable opportunity for the introduction and storage of materials and equipment and the '
execution of such other work and shall properly connect and coordinate the Work with theirs."
Delete the last sentence of paragraph 7.2 of the General Conditions in its entirety.
SC -7.5 Separate Contractor Claim '
Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read
as follows: '
"7.5 Should CONTRACTOR cause damage to the Work or property of any separate
contractor (or separate party) at the site, or should any claim arising out of CONTRACTOR'S
performance of the Work at the site be made by any separate contractor (or separate party) against
CONTRACTOR, OWNER or ENGINEER, or any such person, CONTRACTOR shall promptly
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attempt to settle with such other separate contractor (or separate party) by agreement or otherwise
resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted
by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and
against all claims, damages, losses and expenses (including, but not limited to, fees and charges
' of engineers, architects, attorneys and other professionals and court and arbitration costs) arising
directly, indirectly or consequentially out of any action, legal or equitable, brought by any
separate contractor (or separate party) against OWNER or ENGINEER to the extent based on a
claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor
(or separate party) cause damage to the Work or property of CONTRACTOR or should the
performance of Work by any separate contractor (or separate party) at the site give rise to any
' other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER
or ENGINEER or permit any action against them to be maintained and continued in
CONTRACTOR'S name for benefit in any court or before any arbitrator which seeks to impose
' liability on, or recover damages from OWNER or ENGINEER on account of such damage or
claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act
or neglect of a separate contractor (or separate party) and OWNER and CONTRACTOR are
' unable to agree as to the extent of any adjustment in Contract Time attributable thereof,
CONTRACTOR may make a claim for an extension of time in accordance with Article 12 of the
General Conditions. An extension of the Contract Time shall be the CONTRACTOR'S exclusive
remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or
hindrance caused by any separate contractor (or separate party). This paragraph does not prevent
recovery from OWNER or ENGINEER for activities that are their respective contractual
responsibilities."
SC -8.5 Owner's Property Insurance
Delete paragraph 8.5 of the General Conditions in its entirety.
SC -9.3 Project Representative
Paragraph 9.3 of the General Conditions is herein modified to include the furnishing of a
Resident Project Representative by ENGINEER. The responsibilities and authority and
limitations thereon of the Resident Project Representative are as provided in paragraph 9.13 of
the General Conditions and Exhibit GC -A to these Supplementary Conditions, "Listing of
Duties, Responsibilities and Limitations of Authority of Resident Project Representative."
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SC -10.6 Authority for Changes in the Work
Add a new paragraph 10.6 immediately following paragraph 10.5 of the General Conditions to
read:
"10.6 CONTRACTOR shall note and abide by the following limits of authority of OWNER
and ENGINEER for changes in the Work which require a change in the Contract Price or
Contract time.
Except in the case of extreme emergency to protect public safety, public welfare or substantial
Work, the following limits of Authority to the OWNER and ENGINEER shall apply:
Engineer's Representative - No authority.
Engineer - No authority.
Mayor - $20,000.00 (Accumulative).
All accumulative changes which result in Contract Price changes in excess of $20,000.00 shall
require the formal approval of the Fayetteville City Council."
SC -11.9.3. Unit Price Adjustment
Paragraph 11.9.3 of the General Conditions is hereby deleted in its entirety and the following is
substituted in its place:
"11.9.3 The unit price of an item of Unit Price Work shall be subject to re-evaluation and
adjustment under the following conditions:
11.9.3.1. if the total cost of a particular item of Unit Price Work amounts to 25 percent or more
of the Contract Price and the variation of the quantity of that particular item of Unit Price Work
performed by CONTRACTOR differs by more than 25 percent from the estimated quantity of
such item indicated in the Agreement; and
11.9.3.2. if there is no corresponding adjustment with respect to any other item of Work; and
11.9.3.3. if CONTRACTOR believes that CONTRACTOR has incurred additional expense as
a result thereof; or
11.9.3.4 if OWNER believes that the quantity variation entitles OWNER to an adjustment in
the unit price, then
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11.9.3.5 either OWNER or CONTRACTOR may make a claim for an adjustment in the
Contract Price in accordance with Article 11 of the General Conditions if the parties are unable
to agree as to the effect of any such variations in the quantity of Unit Price Work performed."
SC -12.3 EXTENSION OF CONTRACT TIMES
Delete the words "abnormal weather conditions" from the second sentence of paragraph 12.3 of
the General Conditions, and add the following sentences at the end of paragraph 12.3.
"Contractor will be allowed delays for weather conditions, based on the concurrence of
Contractor and Owner or Engineer, for two circumstances: I)isolated inclement weather, wherein
the project site is determined to be unworkable for days of precipitation and days following for
short times between otherwise good weather; and 2) sustained inclement weather, wherein the
project site is determined to be unworkable for a sustained period of time, such as the winter
months, with only an occasional working day within the sustained unworkable conditions. If
Contractor believes either condition applies, a request shall be made to Engineer or Owner for
a site meeting and a joint determination of the site conditions and approval of the delay. Engineer
will catalog these approved delays, and will incorporate them into a Change Order for signature
of Owner and Contractor."
' SC -14.2 Application for Progress Payment
' Paragraph 14.2 of the General Conditions is hereby deleted in its entirety and the following
substituted in its place:
' "14.2.1. Monthly estimates will be prepared to include all work accomplished for the period
ending the third Friday of each month, or
14.2.2. progress payments will be prepared at regular intervals, as scheduled by joint consent
of CONTRACTOR and ENGINEER at the pre -construction conference.
' 14.2.3. ENGINEER, based upon data gathered during the construction process, will make an
estimate of the value of the Work done and materials furnished in place during the previous
' estimate period. CONTRACTOR shall furnish to ENGINEER such detailed information
including invoices from material suppliers as ENGINEER may request to aid in the preparation
of the progress payment. estimate. All payment requests are subject to retainage as indicated in
the Agreement. If OWNER or ENGINEER shall at any time fail to make CONTRACTOR a
monthly estimate at the time herein specified, such failure shall not be held to violate or void the
contract. Note that the failure of CONTRACTOR to provide an accurate and current schedule
update shall be reason to reject CONTRACTOR'S request for progress payment.
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14.2.4. If payment is requested on the basis of materials and equipment not incorporated in the
Work but delivered and suitably stored at the site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the materials and equipment free and clear
of all Liens and evidence that the materials and equipment are covered by appropriate property
insurance and other arrangements to protect OWNER's interest therein, all of which will be
satisfactory to OWNER.
14.2.5. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement."
SC -14.4 Review of Applications for Progress Payment
Delete the last sentence of paragraph 14.4 of the General Conditions and replace with the
following:
"After the required internal reviews and processing by OWNER, OWNER will diligently proceed
to make payment to CONTRACTOR, in accordance with the approved payment request, within
30 days. All efforts will be made to make payments within the 30 day period, but OWNER
cannot guarantee the 30 days maximum time."
SC -14.7 Recommendation of Progress Payments
Insert the following new paragraphs 14.7.3 and 14.7.4 to paragraph 14.7 of the General
Conditions, as additional reasons for ENGINEER to reduce CONTRACTOR's request for
progress payment, and renumber paragraphs 14.7.3 through 14.7.8 as 14.7.5 through 14.7.10.
"14.7.3. liability for liquidated damages has been incurred by CONTRACTOR,
14.7.4 CONTRACTOR has failed to maintain record documents as required by paragraph 6.19,
END OF SECTION
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ISection 01010
' SUMMARY OF WORK
Part 1 - GENERAL
1.1 SECTION INCLUDES
A. Project Scope
' B. Work by Others
IC. Work Sequence
D. Contractor Use of Premises
1.2 CONTRACT SCOPE
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A. Removal & disposal of existing sidewalks, driveways, steps, walks, and curb & gutter;
and construction of sidewalks, driveways, curbs, access ramps, modular retaining wall,
and all items indicated in the Drawings and Specifications.
' 1.3 -WORK BY OTHERS
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A. None anticipated.
1.4 CONTRACTOR'S USE OF PREMISES
A. Contractor shall be limited to work only in those areas obtained as rights -of -way or
easements within the project. Contractor shall not use the rights -of way or easements for
stockpiling of materials, or the storing of vehicles, equipment, etc.
B. Contractor may obtain additional construction easements from property owners for
Contractor's convenience.
C. No work shall begin until all agency approvals, easements, and required permits are
obtained. Note that work on this project takes place within the City of Fayetteville. The
Contractor shall comply with all facets of the city's drainage ordinance. The Contractor
shall comply with the requirements of the Federal Clean Water Act and the Arkansas
Water and Air Pollution Control Act 472. In case of conflict between these regulations,
orders, or decrees and other provisions, the restrictive requirements shall apply.
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The National Pollutant Discharge Elimination System (NPDES) requires a permit to
discharge storm water associated with industrial activity of construction sites into the
waters of the United States. The Arkansas Department of Environmental Quality
(ADEQ) issues the permits. The Contractor shall famish the Engineer a copy of the
Notice of Intent.
1.5 WORK SEQUENCE
A. The Contractor shall provide his sequence of construction for the various items to the
Engineer for his review & approval. This schedule shall have the least negative impact
on the adjacent property owners and provide an orderly sequence that will produce the
least disruptive action. The intent is to restrict the reconstruction work to a specific area
until it is complete before moving onto the next section. The City does not want the
entire existing sidewalk removed at one time, but removed in progressive sections as the
new sidewalk is poured. No work shall commence until the proposed work sequence has
been approved.
B. Establish schedules and work areas for construction.
Part 2- PRODUCTS
Not Used
Part 3 - EXECUTION
Not Used
END OF SECTION
Page 01010-2 ,
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Section 01025
MEASUREMENT AND PAYMENT
Part I - GENERAL
1.1 SECTION INCLUDES:
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A. Delineation of measurement and payment criteria applicable to Unit Price Work, whether
the unit price items are part of a unit price contract or are part of a Stipulated Price
contract.
B. Defect assessment and non-payment for rejected work.
1.2 AUTHORITY
A. Measurement methods are delineated for each individual bid item, or for a group of
similar items, under this section.
B. Engineer will take all measurements and compute quantities accordingly.
C. Assist by providing necessary equipment, workers, and survey personnel as required.
1.3 UNIT QUANTITIES SPECIFIED
A. Quantities and measurements indicated in the Bid Form are for bidding and contract
purposes only. Quantities and measurements supplied or placed in the Work and verified
by Engineer shall determine payment except those items of work that will be paid based
on plan quantities..
B. If the actual Work requires more or fewer quantities than those quantities indicated,
provide the required quantities at the unit prices contracted.
1.4 MEASUREMENT OF QUANTITIES
A. Measurement by Weight: Items measured by weight will use specified standard
' handbook weights unless otherwise specified in this section for an individual item.
B. Measurement by Volume: Measured by cubic dimension using mean length, width and
height or thickness with survey chain or a steel tape.
C. Measurement by Area: Measured by square dimension using mean length and width or
radius, with survey chain or steel tape.
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D. Linear Measurement: Measured by linear dimension, at the item centerline or mean
chord, with survey chain or steel tape.
E. Individual Item Measurement: Items to be paid for "each" unit furnished and installed
shall be counted by Engineer.
1.5 PAYMENT
A. Payment Includes: Full compensation for required labor, products, tools, equipment,
plant, transportation, services and incidentals; erection, application or installation of an
item of the Work; overhead and profit.
B. Final payment for Work governed by unit prices will be made on the basis of the actual
measurements and quantities accepted by Engineer multiplied by the unit price for Work
which is incorporated in or made necessary by the Work.
1.6 DEFECT ASSESSMENT .
A. Replace the Work, or portions of the Work, not conforming to specified requirements.
B. If, in the opinion of Engineer, it is not practical to remove and replace the Work, Engineer
will direct that the defective Work will be repaired to the satisfaction of Engineer, and the
unit price will be adjusted to a new price at the discretion of Engineer.
C. The authority of Engineer to assess the defect and identify payment adjustment is final.
1.7 NON-PAYMENT FOR REJECTED PRODUCTS
A. Payment will not be made for any of the following:
1. Products wasted or disposed of in a manner that is not acceptable.
2. Products determined as unacceptable before or after placement.
3. Products not completely unloaded from the transporting vehicle.
4. Products placed beyond the lines, levels or boundaries of the required Work.
5. Products remaining on hand after completion of the Work.
6. Loading, hauling and disposing of rejected Products.
1.8 INCIDENTAL ITEMS
A. General - Items indicated as incidental to a particular payment item are considered an
integral part of that payment item, and will not be measured or considered in determining
payments.
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This item includes the contractor's mobilization, acquisition of private storage and staging areas,
' traffic and pedestrian control measures, protection of existing improvements, installation of erosion
control measures including periodic cleaning of the street in the work area and all other items
necessary for a complete project which are not paid for under any other pay item. This item includes
protecting and relocating the existing brass letters in concrete as noted on the Drawings. This item
shall include all expenses associated with filing for the appropriate permits with all governing
agencies.
' B. Incidental Items - Incidental items include furnishing all equipment, materials, and labor
necessary to complete the various items of this work.
C. Related Items - None.
D. Units and Measurement - Payment shall be as a lump sum.
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B. Safety - Safety is considered as incidental to every payment item, except for excavation
safety, which is a separate bid item.
C. Testing - Testing of installed work required by the specifications to be completed by
Contractor is incidental to any item included in the unit or system being tested. Retesting
after corrective action to Work initially found to be defective is incidental to the item.
E. Excess Excavation - Excess excavation is generally incidental to the payment item, except
where Engineer has indicated that an excavation be expanded due to subsurface
conditions. Excess excavation undertaken by Contractor to stabilize the trench bottom
or walls, where dewatering or shoring would be suitable to correct trench conditions, will
not be paid. Excess excavation includes backfrlling with approved material as specified
or as indicated on the Drawings.
1.9 PAYMENT ITEMS
1. Mobilization, storage, traffic and pedestrian control, site preparation, erosion control, tree
protection, protection and relocation/replacement of all landscaping including landscaping
border materials, relocation and protection of existing brass letters as identified on the plans,
and all incidentals not specified elsewhere.
A. Description - Mobilization, storage, traffic and pedestrian control, site preparation, erosion
control, tree protection, protection and relocation/replacement of all landscaping including
landscaping border materials, relocation and protection of existing brass letters as identified on the
plans, and all incidentals not specified elsewhere necessary to accomplish the removal, disposal and
reconstruction as defined in the contract documents.
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E. Partial Payment Provisions - To be paid as a percentage of the amount bid, in proportion to the
ratio of all other items included in a pay request to the total Contract Price.
2. Tree protection fencing. '
A. Description - This item shall be full compensation for the full and complete installation of tree '
protection fencing as required by the Owner's representative in the field.
B. Incidental Items - Any type of minor removals or protections as field directed for the installation ,
of the tree protection fencing and all equipment, labor, and materials necessary to complete this
work.
C. Related Items - Note the contract requirements for "special hand removal of existing ..." in the ,
areas to protect existing trees and tree roots.
Mobilization, protection of existing improvements .... is a separate pay item, refer to item no. 1.
D. Units and Measurement - Payment shall be at the unit price per linear foot of tree protection
fencing properly installed. Payment will be at the quantity measured in the field by the contractor
and the Owner's representative.
E. Partial Payment Provisions - No partial payment will be made for this item.
3. Remove and disposal of existing sidewalk. ,
A. Description - Remove and dispose of existing sidewalks as indicated on the Drawings and field ,
verified by the engineer. Includes the proper and safe disposal of all removed materials in
compliance with all applicable Local, State and Federal regulations. Care shall be taken not to
damage the existing concrete curb. Care shall be taken not to over excavate the existing subgrade
under the existing sidewalk.
This item does not include unclassified excavation. Unclassified excavation shall be required as
field determined by the Owner's representative after removal of the existing sidewalk and is paid
separately as bid item no. 7. ,
B. Incidental Items - Refer to bid item no. 1 and all equipment, labor, and materials necessary to '
complete this work.
C. Related Items - Refer to bid items no.3, 4, 5, 6 and 7. ,
Note the contract requirements for "special hand removal of existing ..." in the areas to protect
existing trees and tree roots. '
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Mobilization, protection of existing improvements .... is a separate pay item, refer to item no. 1.
Unclassified excavation is a separate pay item.
D. Units and Measurement - Payment shall be at the unit price per square foot of sidewalk removed
and properly disposed. Payment will be at the quantity measured in the field by the contractor and
the Owner's representative.
E. Partial Payment Provisions - No partial payment will be made for this item.
4. Remove and disposal of existing driveway, driveway approach and driveway curb.
' A. Description - Remove and dispose of existing driveway, driveway approach and driveway curb
as indicated on the Drawings and field verified by the engineer.
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Includes the proper and safe disposal of all removed materials in compliance with all applicable
Local, State and Federal regulations.
Care shall be taken not to damage the concrete street curb.
This item does not include unclassified excavation. Unclassified excavation shall be required to
provide for the required 6 inch thickness of class 7 ABC and/or as field determined after removal
of the materials and is paid separately as bid item no. 7.
B. Incidental Items - Refer to bid item no. I and all equipment, labor, and materials necessary to
complete this work.
C. Related Items - Refer to bid items no. 3, 4, 5, 6 and 7.
' Note the contract requirements for "special hand removal of existing ..." in the areas to protect
existing trees and tree roots.
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Mobilization, site preparation .... is a separate pay item, refer to item no. 1.
D. Units and Measurement - Payment shall be at the unit price per square foot of driveway,
driveway approach and driveway curb removed and properly disposed. Payment will be at the
quantity measured in the field by the contractor and the Owner's representative.
E. Partial Payment Provisions - No partial payment will be made for this item.
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5. Remove and disposal of existing street curb and gutter as determined in the field by the
engineer.
A. Description - Remove and dispose of existing street curb and gutter as determined in the field
by the engineer. Includes the proper and safe disposal of all removed materials in compliance with
all applicable Local, State. and Federal regulations.
Care shall be taken not to damage the concrete street curb beyond the limits as field determined by
the engineer.
This item does not include unclassified excavation. Unclassified excavation shall be required as
field determined after removal of the existing sidewalk and is paid separately as bid item no.7.
B. Incidental Items - Refer to bid item no. 1 and all equipment, labor, and materials necessary to
complete this work.
C. Related Items - Refer to bid items no. 3, 4, 5, 6 and 7.
Note the contract requirements for "special hand removal of existing ..." in the areas to protect
existing trees and tree roots.
Mobilization, site preparation .... is a separate pay item, refer to item no. 1.
D. Units and Measurement - Payment shall be at the unit price per linear foot of curb & gutter
removed and properly disposed. Payment will be at the quantity measured in the field by the
contractor and the Engineer's representative.
E. Partial Payment Provisions - No partial payment will be made for this item.
6. Remove
and disposal
of existing
concrete steps, concrete walk and/or concrete curb as
necessary to
construct new concrete
access ramps.
A. Description - Remove and disposal of existing concrete steps, concrete walk and/or concrete
curb as necessary to construct new concrete access ramps and/or field determined by the engineer.
Includes the proper and safe disposal of all removed materials in compliance with all applicable
Local, State and Federal regulations.
Care shall be taken not to damage the concrete street curb beyond the limits as field determined by
the engineer.
This
item does not include unclassified excavation. Unclassified
excavation
shall be required as
field
determined after removal of the existing sidewalk and is paid
separately
as bid item no. 7.
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B. Incidental Items - Refer to bid item no. I and all equipment, labor, and materials necessary to
complete this work.
C. Related Items - Refer to bid items no. 3, 4, 5, 6 and 7.
Note the contract requirements for "special hand removal of existing ..." in the areas to protect
existing trees and tree roots.
Mobilization, site preparation .... is a separate pay item, refer to item no. 1.
Unclassified excavation is a separate pay item.
D. Units and Measurement - Payment shall be at the unit price per square foot of materials removed
and properly disposed. Payment will be at the quantity measured in the field by the contractor and
the Engineer's representative.
E. Partial Payment Provisions - No partial payment will be made for this item.
7. Unclassified excavation.
A. Description - all excavation including scalping, excavation for additional sidewalk widths,
excavation for undercut to replace field determined unacceptable soils, undercut for class 7 ABC at
drives and all other excavation necessary to construct the completed project per the contract
documents.
Care shall be taken not to damage the concrete street curb.
B. Incidental Items - Refer to bid item no. I and all equipment, labor, and materials necessary to
complete this work.
C. Related Items - Refer to bid items no. 1, 3, 4, 5, 8,9 and 10.
■ Note the contract requirements for "special hand removal of existing ..." in the areas to protect
existing trees and tree roots.
Mobilization, site preparation .... is a separate pay item, refer to item no. 1.
1 Class 7 ABC and "hillside" fill are separate pay items.
ID. Units and Measurement - Payment shall be at the unit price per cubic yard of unclassified
materials excavated and properly disposed. Payment will be at the quantity measured in the field
by the contractor and the Owner's representative.
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E. Partial Payment Provisions - No partial payment will be made for this item.
8. Special hand removal of existing sidewalk, existing base and existing subgrade at areas
identified for special tree root protection on the plans and/or identified in the field by the
engineer.
A. Description - Remove and dispose of existing sidewalks and existing subgrade or soils at the tree
roots by hand (no heavy equipment allowed near tree roots) as indicated on the Drawings and/or
field determined by the Owner's representative. This item includes special care and considerations
to protect the existing tree roots. Further this item includes the proper and safe disposal of all
removed materials in compliance with all applicable Local, State and Federal regulations. Care shall
be taken not to damage the existing concrete curb. Care shall be taken not to over excavate the
existing subgrade under the existing sidewalk.
B. Incidental Items - Refer to bid item no. 1 and all equipment, labor, and materials necessary to
complete this work.
C. Related Items - Refer to bid items no.2.
D. Units and Measurement - Payment shall be at the unit price per square foot of sidewalk and
underlaying materials removed and properly disposed. Payment will be at the quantity measured
in the field by the contractor and the Owner's representative.
E. Partial Payment Provisions - No partial payment will be made for this item.
9. Select "hillside" backfill.
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A. Description - This item includes the furnishing, placement and compaction of select "hillside"
materials if needed as determined in the field by the Owner's representative. 1
B. Incidental Items - Refer to bid item no. 1 and all equipment, labor, and materials necessary to
complete this work.
C. Related Items - Refer to bid item no.2.
D. Units and Measurement - Payment shall be at the unit price per cubic yard of "hillside" fiimished
and compacted in place. Payment will be at the quantity measured in the field by the contractor and
the Owner's representative.
E. Partial Payment Provisions - No partial payment will be made for this item.
10. Class 7 aggregate base course (ABC).
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IA. Description - This item includes the furnishing, placement and compaction of AHTD defined
class 7 aggregate base course (ABC) under the 6 inch thickness concrete drives and walks and in
other locations as determined in the field by the Owner's representative.
B. Incidental Items - Refer to bid item no. I and all equipment, labor, and materials necessary to
' complete this work.
C. Related Items - Refer to bid items no.13 and 14.
' D. Units and Measurement - Payment shall be at the unit price per ton of class 7 ABC famished and
compacted in place. Payment will be based upon certifiable weight tickets furnished by the
contractor. Limited to the theoretical weights determined by calculations for a 6 inch course
thickness.
' E. Partial Payment Provisions - No partial payment will be made for this item.
11. Construct new 4 inch thickness concrete sidewalk complete in place including
' compaction of existing subgrade.
A. Description - This item includes the furnishing, placement and construction of a 4 inch thickness
' concrete sidewalk complete with all joints and joint materials as required in the contract documents.
Further this item includes the compaction of the existing subgrade for construction of the new
' sidewalk.
B. Incidental Items - Refer to bid item no. 1 and all equipment, labor, and materials necessary to
' complete this work.
C. Related Items
D. Units and Measurement - Measurement and payment shall be at the unit price per square foot of
new 4 inch thickness concrete sidewalks completed in place.
E. Partial Payment Provisions - No partial payment will be made for this item.
' 12. Construct new 4 inch thickness concrete sidewalk complete in place including compaction
of existing subgrade as needed to repair, replace and/or match existing concrete walks,
ramps... as directed in the field by the engineer.
A. Description - This item includes the furnishing, placement and construction of a 4 inch thickness
' concrete sidewalk complete with all joints and joint materials to match existing walks and as
required in the contract documents. Further this item includes the compaction of the existing
subgrade for construction of the new sidewalk.
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B. Incidental Items - Refer to bid item no. 1 and all equipment, labor, and materials necessary to
complete this work.
C. Related Items.
D. Units and Measurement - Measurement and payment shall be at the unit price per square foot of
new 4 inch thickness concrete sidewalks completed in place.
E. Partial Payment Provisions - No partial payment will be made for this item.
13. Construct new 6 inch thickness concrete sidewalk complete in place.
A. Description - This item includes the furnishing, placement and construction of a 6 inch thickness
concrete sidewalk complete with all joints and joint materials as required in the contract documents.
Further this item includes the compaction of the existing subgrade for construction of the new
sidewalk. Unclassified excavation and the 6 inch thickness class 7 ABC are paid for separately.
B. Incidental Items - Refer to bid item no. I and all equipment, labor, and materials necessary to
complete this work.
C. Related Items.
D. Units and Measurement - Measurement and payment shall be at the unit price per square foot of
new 6 inch thickness concrete sidewalks completed in place.
E. Partial Payment Provisions - No partial payment will be made for this item.
• 14. Construct new 6 inch thickness concrete driveway approach complete in place including
compaction of existing subgrade and construction of new 6 inch tapered integral driveway
curbs.
A. Description - This item includes the furnishing, placement and construction of a 6 inch
thickness concrete driveway approach complete with all joints and joint materials and integrally
formed concrete curbs as required in the contract documents. Further this item includes the
compaction of the existing subgrade for construction of the new sidewalk. Unclassified excavation,
6 inch thickness class 7 ABC and standard modified concrete curb and gutter are paid for separately.
B. Incidental Items - Refer to bid item no. 1 and all equipment, labor, and materials necessary to
complete this work.
C. Related Items - Bid item 22, standard modified concrete curb and gutter.
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D. Units and Measurement - Measurement and payment shall be at the unit price per square foot of
new 6 inch thickness concrete driveway approach completed in place.
E. Partial Payment Provisions - No partial payment will be made for this item.
15. Construct new 4
inch thickness concrete access ramp complete
in place including
compaction of existing
subgrade and construction
of new 6 inch tapered
integral curbs.
A. Description - This item includes the furnishing, placement and construction of a 4 inch thickness
concrete sidewalk access ramp complete with all joints and joint materials and integrally formed
concrete curbs per the contract documents. Further this item includes the compaction of the existing
subgrade for construction of the new sidewalk access ramps.
B. Incidental Items - Refer to bid item no. I and all equipment, labor, and materials necessary to
complete this work.
C. Related Items.
D. Units and Measurement - Measurement and payment shall be at the unit price per square foot of
new 4 inch thickness concrete access ramps completed in place.
E. Partial Payment Provisions - No partial payment will be made for this item.
16. Special construction of new 6 inch thickness concrete sidewalk complete in place including
reinforcing steel, 6 mil vapor barrier, variable thickness (4 inch minimum) concrete rock
aggregate and geotechnical fabric placed by hand over existing tree roots.
A. Description - This item includes the furnishing, placement and construction of a special 6 inch
thickness concrete sidewalk in the areas of the existing tree roots as described in the contract
documents. This item includes the concrete sidewalk, complete with all joints and joint materials
per the contract documents, the reinforcing steel, the 6 mil vapor barrier, the concrete rock aggregate
and the geotechnical fabric.
Special care is required to protect the existing tree and tree roots.
Heavy equipment shall not be allowed on the tree roots.
B. Incidental Items - Refer to bid item no. 1 and all equipment, labor, and materials necessary to
complete this work.
C. Related Items
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D. Units and Measurement - Measurement and payment shall be at the unit price per square foot of
new, special, 6 inch thickness concrete sidewalk completed in place.
E. Partial Payment Provisions - No partial payment will be made for this item.
17. Construct new 12 inch depth modular retaining wall of variable height from 8 inch
minimum to 24 inch maximum.
A. Description - This item includes the furnishing, placement and construction of a modular 12
inch depth retaining wall of variable height complete in place per the contract documents. This item
shall include the special cap units for the top of the wall.
Excavation, class 7 ABC and backfill shall be paid for separately.
Special care is required to protect the existing tree and tree roots.
B. Incidental Items - Refer to bid item no. 1 and all equipment, labor, and materials necessary to
complete this work.
C. Related Items
D. Units and Measurement - Measurement and payment shall be at the unit price per square foot of
surface area of modular retaining wall installed complete in place.
E. Partial Payment Provisions - No partial payment will be made for this item.
18. Imported topsoil.
A. Description - This item includes the furnishing and placement of imported topsoil for final
grading and clean-up per the contract documents and/or as directed by the Owner's representative
in the field.
Excavation and seed/mulch shall be paid for separately.
Special care is required to protect the existing tree and tree roots.
B. Incidental Items - Refer to bid item no. 1 and all equipment, labor, and materials necessary to
complete this work.
C. Related Items.
D. Units and Measurement - Measurement and payment shall be at the unit price per cubic yard of
imported topsoil furnished and installed complete in place.
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E. Partial Payment Provisions - No partial payment will be made for this item.
19. Painted island per detail 3/S5
A. Description - This item includes the furnishing and construction of a painted island per detail
3/S5 on the Drawings and further defined in the technical specifications.
B. Incidental Items - Refer to bid item no. 1 and all equipment, labor, and materials necessary to
complete this work.
C. Related Items
D. Units and Measurement - Measurement and payment shall be at the lump sum bid price.
E. Partial Payment Provisions - No partial payment will be made for this item.
20. Construct new concrete mountable curb per detail 3/S5.
A. Description - This item includes the furnishing, placement and construction of a concrete
mountable curb complete at the location as shown on the Drawings or as required by the Owner's
representative in the field.
B. Incidental Items - Refer to bid item no. 1 and all equipment, labor, and materials necessary to
complete this work.
C. Related Items .
D. Units and Measurement - Measurement and payment shall be at the unit price per linear foot of
new 4 inch thickness mountable curb completed in place.
E. Partial Payment Provisions - No partial payment will be made for this item.
21 and 22. Construct new standard concrete curb and gutter and/or new standard modified
concrete curb and gutter.
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A. Description - This item includes the furnishing, placement and construction of a concrete curb
and gutter complete in place at the locations shown on the Drawings or as required by the Owner's
representative in the field.
B. Incidental Items - Refer to bid item no. I and all equipment, labor, and materials necessary to
complete this work.
C. Related Items.
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D. Units and Measurement - Measurement and payment shall be at the unit price per linear foot of
new concrete curb and gutter completed in place.
E. Partial Payment Provisions - No partial payment will be made for this item.
23. Final cleanup, seeding and mulching.
A.
Description - This item
includes the final cleanup,
seeding and mulching
which shall include
the
final raking and grading
of the finished grades, and
the placement of seed
and mulch.
B. Incidental Items - Refer to bid item no. I and all equipment, labor, and materials necessary to
complete this work.
C. Related Items.
D. Units and Measurement - Measurement
and payment shall be at
the unit
bid price per acre or
nearest one -hundredth thereof, as measured
by the contractor and the
Owner's
representative.
E. Partial Payment Provisions - No partial payment will be made for this item.
Part 2- PRODUCTS
Not Used
Part 3- EXECUTION
Not Used
END OF SECTION
City of Fayetteville Page 01025-14 '
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Section 01027
APPLICATIONS FOR PAYMENT
Part 1 - GENERAL
1.1 SUMMARY
A. Comply with procedures described in this Section when applying for progress payment
and final payment.
' B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited
to, the General Conditions, Supplementary Conditions, and Sections in Division
I of these Specifications.
' 2. The Contract Price and the schedule for payments are described in the General
Conditions.
3. Payments upon Substantial Completion and Final Completion of the Work are
described in the General Conditions and in Section 01700 of these Specifications.
4. Engineer's approval of applications for progress payment and final payment may
be contingent upon Engineer's approval of status of Project Record Documents as
' described in Section 01720 of these Specifications.
' 1.2 QUALITY ASSURANCE
A. Prior to start of construction, Contractor shall secure Engineer's approval of the schedule
' of values required to be submitted under Paragraph 2.9 of the General Conditions, and
further described in Section 01370 of these Specifications.
B. During progress of the Work, Contractor shall modify the schedule of values as approved
by Engineer to reflect changes in the Contract Price due to Change Orders or other
Modifications.
C. Contractor shall base requests for payment on the approved schedule of values.
' 1.3 FORMAT
A. Contractor shall submit a request for payment by filling in the agreed data, by typewriter
' or neat lettering in ink, on "Application for Payment" form provided by Engineer, plus
ICity of Fayetteville
Page 01027-1
05/27/99
continuation sheet or sheets.
1.4 PREPARATION OF APPLICATIONS
A. Present required information in typewritten form.
B. Contractor shall date and sign the Application for Payment in ink.
C. List each authorized Change Order as an
extension on continuation
sheet, listing
Change
Order number and dollar amount as for
an original item work.
1.5 SUBMITTAL PROCEDURES
A. Contractor shall submit the original of the Application for Payment, plus two identical
copies including continuation sheet(s) to Engineer.
B. Engineer shall review submittal and, either:
1. Return the Application for Payment to Contractor indicating in writing the reasons
for refusing to recommend payment. Contractor shall re -submit revised
Application For Payment.
2. Engineer will sign the Application for Payment and present to Owner for ,
payment.
C. Owner shall review Application for Payment and either:
1. Give immediate notice of any portions of the recommended amounts withheld ,
from payment in accordance with the General Conditions paragraphs 14.7.5 -
14.7.8.
2. Sign Application For Payment and make disbursement to Contractor.
D. Engineer will distribute signed copies of Application for Payment to Contractor, Owner
and Engineer's file. Additional copies of Application for Payment will be distributed by
Engineer to the appropriate funding agency or agencies, if required.
1.6 SUBSTANTIATING DATA
A. If payment request is for materials and for equipment, or when Engineer requires '
substantiating information, Contractor shall also submit copies of invoices or
documentation as set forth in paragraph 14.2 of the General Conditions.
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B. Provide one copy of data with cover letter for each copy of submittal. Show application
number and date, and line item by number and description.
Part 2 - PRODUCTS
' Not used.
Part 3- EXECUTION
Not used.
' END OF SECTION
1
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' City of Fayetteville Page 01027-3
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Section 01035
MODIFICATION PROCEDURE
Part 1- GENERAL
1.1 SUMMARY
A. This section describes steps to make changes in the Work, Contract Price, Contract
Times, or any combination thereof, as are described in written Change Orders signed by
Owner, Contractor, and Engineer and issued after execution of the Agreement, and in
other instruments of change as described herein in accordance with the provisions of this
Section. Section includes:
1. Documentation of change in Contract Price and Contract Time.
2. Change procedures.
3. Work Change Directive.
4. Stipulated Price Change Order.
5. Unit price change order.
6. Time and material change order.
7. Execution of Change Orders.
8. Correlation of Contractor submittals.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited
to, General Conditions, Supplementary Conditions, and Sections in Division 1 of
these Specifications.
2. Changes in the Work are described further in the General Conditions.
3. Section 01027 - Applications for Payment.
4. Section 01700 - Project Record Documents.
1.2 QUALITY ASSURANCE
A. Take such measures needed to assure familiarity of Contractor's staff and employees with
the procedures outlined in this section for processing Change Order data.
B. Submit name of the individual authorized to receive change documents, and be
responsible for informing others in Contractor's employ or Subcontractors of changes to
the Work.
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1.3 FORMAT
A. Change Order Form: EJCDC 1910-8-B.
B. Work Change Directive Form: EJCDC 1910-F.
C. Field Order Form: Engineer's letter. '
C
1.4 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME.
A. Maintain detailed records of work done on a time and material basis. Provide full
information required for evaluation of proposed changes, and to substantiate costs of
changes in the Work.
I
B. Document each quotation for a change in cost or time with sufficient data to allow '
evaluation of the quotation.
C. On request, provide additional data to support computations: I
1. Quantities of products, labor, and equipment.
2. Taxes, insurance and bonds.
3. Overhead and profit.
4. Justification for any change in Contract Time.
5.Credit for deletions from the Work, similarly documented.
D. Support each claim for additional costs, and for work done on a time and material basis,
with additional information:
1. Origin and date of claim.
2. Dates and times work was performed, and by whom.
3. Time records and wage rates paid.
4. Invoices and receipts for products, equipment, and subcontracts, similarly
documented.
1.5 FIELD ORDER
A. Engineer will authorize, in writing, minor changes in the Work not involving an
adjustment to Contract Price or Contract Time as authorized by Paragraph 9.5 of the
General Conditions by issuing a Field Order.
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1.6 WORK CHANGE DIRECTIVE
A. Engineer may issue a Work
Change Directive, signed
by Owner,
instructing
Contractor
to proceed with a
change in
the Work, for subsequent
inclusion in
a Change
Order.
B. The Work Change Directive will describe changes in the Work, and will designate
method of determining any change in Contract Price or Contract Time.
C. Promptly execute the change in Work.
1.7 STIPULATED PRICE CHANGE ORDER
A. Based on notice of change and Contractor's fixed price quotation and subsequent
negotiations.
1.8 UNIT PRICE CHANGE ORDER
A. For pre -determined unit prices and quantities, Change Order will be executed on a fixed
unit price basis.
B. For unit
costs
or quantities of units of work
which are not pre -determined, execute Work
under a
Work
Change Directive, or based on
negotiation and an executed Change Order.
1.9 TIME AND MATERIAL CHANGE ORDER
A. Submit itemized account and supporting data after completion of change, within time
limits indicated in the General Conditions.
B. Engineer will determine the change allowable in Contract Price and Contract Time as
provided in the Contract Documents.
C. Maintain detailed records of work done on time and material basis.
D. Provide full information
required
for evaluation of proposed
changes, and to substantiate
costs for changes in the
Work.
City of Fayetteville Page 01035-3
Gil►1II M
1.10 EXECUTION OF CHANGE ORDERS
A. Engineer will provide Change Order forms for signatures of parties as provided in the
General Conditions in the number of copies indicated in the Supplementary Conditions.
1.11 CORRELATION OF CONTRACTOR SUBMITTALS
A. Promptly revise Schedule of Values and Application for Payment forms to record each
authorized Change Order as a separate line item and adjust the Contract Price.
B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub -
schedules to adjust time for other items of work affected by the change, and resubmit.
C. Promptly enter changes in Project Record Documents.
Part 2- PRODUCTS
Not Used.
Part 3 - EXECUTION
Not Used.
END OF SECTION
City of Fayetteville Page 01035-4
:�bi�7r �I7
Section 01040
COORDINATION AND MEETINGS
Part 1 - GENERAL
SUMMARY
A. This Section expands upon requirements regarding coordination, conferences and
meetings, described to permit direct reference from individual product specification
Sections.
Coordination
2. Preconstruction conference
3. Progress meetings
1.2
1.3
RELATED SECTIONS
A. Documents affecting work of this Section include, but are not necessarily limited to
General Conditions, Supplementary Conditions, and Section in Division I of these
Specifications.
COORDINATION
A. Coordinate construction activities with other contractors working in the same vicinity
on other projects, as applicable. It is anticipated that City crews will be conducting
road and utility work in the project area during the same time frame.
B. The Contractor, on the basis of the schedule and progress meetings shall notify the
appropriate property owners of demolition, construction or other activities scheduled
to occur on, or adjacent to, their property during the coming week. The individual
property owner, or tenant thereof, shall be notified at least 48 hours in advance of
occupying or performing work on any right-of-way or easement. It shall be the
responsibility of the Contractor to provide a minimum of 72 hours advance notice to
the Engineer, Traffic department, Police Department, and Fire Department prior to
cutting or blocking any public street or roadway.
All work that the Contractor will do that is related to traffic control devices or other
related items shall be coordinated with the Traffic Department superintendent, Mr.
Perry Franklin. That telephone number is 575-8228.
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C. Coordinate scheduling, submittals, and Work of the various Sections of
specifications to assure efficient and orderly sequence of installation of
interdependent construction elements with provisions for accommodating items
installed later.
1.4 PRECONSTRUCTION CONFERENCE
A. Engineer will schedule a mandatory preconstruction conference before any Work at
the site will be allowed to commence.
B. Attendance Required: Authorized representatives of Owner, Engineer, and
Contractor.
C. Agenda:
1. Distribution of executed Owner -Contractor Agreement.
2. Submission of executed bonds and insurance certificates.
3. Distribution of Contract Documents.
4. Submission of list of Subcontractors, list of products, Schedule of Values,
and proposed schedule.
5. Designation of personnel representing the parties in Contract, and the
Engineer.
6. Procedures and processing of field decisions, shop drawings, submittals,
substitutions, applications for payments, Change Orders and Contract
closeout procedures.
7. Construction schedule, including sequence of critical work.
8. Channels and procedures for communication.
9. Rules and regulations governing performance of the Work.
10. Procedures for safety and first aid, security, quality control, and related
matters.
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1.5 PROGRESS MEETINGS
A. Schedule and administer meetings throughout progress of the Work beginning at
weekly intervals or as determined by Engineer.
B. Make arrangements for meetings, prepare agenda with copies for participants, preside
at meetings, record minutes, and distribute copies within two days to Engineer,
Owner, participants, and those affected by decisions made.
C. Attendance. Required: Job superintendent, major Subcontractors and suppliers,
Owner, Engineer, and others as appropriate to agenda topics for each meeting.
D. Agenda:
1. Review minutes of previous meetings.
2. Review of Work progress.
3. Field observations, problems, and decisions.
4. Identification of problems which impede planned progress.
5. Review of submittals schedule and status of submittals.
6. Review of off -site fabrication and delivery schedules.
7. Maintenance of progress schedule.
8. Corrective measures to regain projected schedules.
9. Planned progress during succeeding work period.
10. Coordination of projected progress.
11. Maintenance of quality and work standards.
12. Effect of proposed changes on progress schedule and coordination.
13. Other business relating to Work.
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Part 2- PRODUCTS
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Part 3 - EXECUTION
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END OF SECTION
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Section 01051
CONSTRUCTION SURVEYS
Part 1 - GENERAL
1.1 SUMMARY
A. This Section defines staking services that Engineer will furnish, and sets forth
responsibilities of Contractor regarding the use and maintenance of same.
B. Related Work: Documents affecting work of this Section include, but are not
limited to, General Conditions, Supplementary Conditions, and Sections in Division
1 of these Specifications.
C. Definitions
1. "Control Stakes" are the original reference points set by the Engineer for the
construction work.
?. "Construction Staking" is an additional staking required as the project
progresses which is the responsibility of the Contractor.
1.2 REQUIREMENTS
A. Engineer shall provide the following staking:
1. Set temporary bench marks.
2. Set baseline staking.
3. Reset stakes found to be in error.
B. Contractor shall provide the following staking:
1. All construction staking except as provided by Engineer above.
2. Reset stakes, marks or pins lost due to Contractor's operations.
1.3 CONTROL STAKING
A. Notification
1. Notify Engineer, in writing, at least five days in advance of the date when
control staking services are desired.
2. Engineer shall provide control staking.
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B. Checking Stakes
1. Examine stakes before commencing operations.
2. Notify Engineer, if validity of any control stake is questionable.
3. Engineer will check stake or stakes in question.
4. Any control stakes found to be in error will be reset by the Engineer.
5. If stakes are valid, Contractor shall pay for cost of checking stakes.
C. Preservation of Stakes
1. Contractor shall inform his employees, subcontractors and vendors of
importance of control stakes and the necessity of their preservation.
2. Contractor shall pay for resetting any control stakes, marks, or pins lost due
to Contractor's operations.
1.4 CONSTRUCTION STAKING
A. Provide all construction staking as needed to complete the Work.
Part 2- PRODUCTS
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Part 3 - EXECUTION
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END OF SECTION
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Section 01060
REGULATORY REQUIREMENTS
Part 1- GENERAL
1.1 SECTION INCLUDES:
A. Listing of certain applicable local, state, and federal regularity requirements applicable
to the project.
B. Discussion of specific implementation of certain regulatory requirements.
1.2 NOT INCLUDED:
A. Comprehensive listing of applicable local, state, and federal regulatory requirements
applicable to the project.
B. Reference to or listing of applicable safety standards.
1.3 RELATED SECTIONS
A. Documents affecting work of this Section include, but are not necessarily limited to,
General Conditions, Supplementary Conditions, and Sections in Division I of these
Specifications.
B. Section 01090 - Reference Standard: applicable consensus standards.
C. Specific Sections of this Specification include additional requirements of local, state, and
federal regulatory requirements.
1.4 AMERICANS WITH DISABILITIES ACT
A. Comply with portions applicable to construction and construction sites.
1.5 FAYETTEVILLE WATER AND SEWER STANDARDS
A. Water standards are available from the City of Fayetteville Engineering Department.
Sewer standards in an unapproved draft form should be obtained by Contractor and
referred to when applicable.
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1.6 ARKANSAS HIGHWAY AND TRANSPORTATION I
A. Construction standards as listed in individual Specification Sections.
1.7 ARKANSAS DEPARTMENT OF HEALTH
A. Project has been submitted to ADOH for approval with applicable design standards.
B. Do not deviate from ADOH approved Drawings and Specifications without approval of
Engineer.
C. Deviations requested by Contractor which require re -submittal to ADOH - Contractor will 1
reimburse Owner for cost of re -submittal and obtaining approval.
1.8 NPDES STORM WATER DISCHARGE PERMIT ,
A. NPDES Permit - Apply to the State of Arkansas for storm water discharges during
construction at this site to be covered by General NPDES Permit No. ARR10A000. This
application includes filing a Notice of Intent (NOI) and preparing a Storm Water Pollution
Prevention Plan. '
B. Permit Activities: Manage the discharge of storm water from the project areas in
accordance with the NPDES permit and the following provisions.
Minimum requirements for storm water construction permit compliance.
Contractor will develop and place in field office file a storm water pollution
prevention plan (Plan) for this construction site. The objective of this Plan is to
identify all potential pollution sources on -site, and, devise management and
physical measures which reduce pollution and prevent such pollution from leaving
the permit site. i
Plan shall include methods and timing for prevention of storm water pollution by
the construction process, equipment and materials. This includes a description of
both structural and non-structural control measures.
Plan shall include flow diversion, erosion control, sediment containment, and re -
vegetation
consistent with the specified work and the storm water permit.
Plan shall specify the Contractor's supervisory personnel who shall conduct the '
required inspections of the site and control facilities and who shall file the written
reports for each such inspection. '
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Plan shall require such inspection of the control facilities after each rain of 0.5
inches per day as specified in the permit. Such inspections are of particular
importance in evaluating control structures and non-structural methods or
procedures. Failure or ineffectiveness of control measures or procedures must be
documented with corrective actions specified.
' 2. Conduct sampling and analysis of storm water run-off in accordance with the
NPDES permit and the following provisions. Analysis shall be performed by a
' laboratory approved by Owner.
3. Complete compliance reports required by the permit in a timely manner and
'
provide Owner with copies of all data on storm water management activities and
monitoring.
' C. Permit Compliance: Conduct storm water management practices in accordance with the
permit. Contractor shall be responsible for any enforcement action taken or imposed by
I. federal or state agencies, including the cost of fines, construction delays, and remedial
actions, resulting from Contractor's failure to comply with the permit provisions.
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Monitor the suitability of the designated management practices to achieve the storm water
quality provisions of the permit, and notify Engineer of the any changes made to
management practices.
If changes are ordered by Engineer, an adjustment in Contract Price shall be considered
in accordance with the General Conditions. However, Contractor's failure to monitor or
report deficiencies to Owner will result in Contractor being liable for fines and
construction delays resulting from any federal or state agency enforcement action.
Part 2- PRODUCTS
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Part 3 - EXECUTION
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END OF SECTION
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Section 01090
REFERENCE STANDARDS AND ABBREVIATION
Part 1 GENERAL
1.1 SECTION INCLUDES
A. A listing of organizations providing reference standards referenced in the Specifications.
B. Information on the use of reference standards.
C. A listing of abbreviations used throughout the Contract Documents.
1.2 RELATED SECTIONS
General Conditions, Supplementary Conditions
1.3 SCHEDULE OF REFERENCES
A. AASHTO American Association of State Highway and Transportation Officials
444 North Capitol Street, N.W.
Washington, DC 20001
B. ACI American Concrete Institute
Box 19150
Redford Stations
Detroit, MI 48219
C. AGC Associated General Contractors of America
1957 E Street, N.W.
Washington, DC 20006
D. Al Asphalt Institute
Asphalt Institute Building
College Park, MD 20740
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E. ANSI American National Standards Institute
1430 Broadway
New York, NY 10018
F. ASPA American Sod Producers Association
4415 West Harrison Street
Hillside, IL 60612
G.
ASTM
American Society for Testing and Materials
1916 Race Street
Philadelphia, PA 19103
H.
AWWA
American Water Works Association
6666 West Quincy Avenue
Denver, CO 80235
I.
CLFMI
Chain Link Fence Manufacturers Institute
1101 Connecticut Avenue, N.W.
Washington, DC 20036
J.
EJCDC
Engineers' Joint Contract Documents Committee
American Consulting Engineers Council
1015 15th Street, N.W.
Washington, DC 20005
K.
FS
Federal Specifications
General Services Administration, , Specifications and Consumer
Information Distribution Section (WFSIS)
Washington Navy Yard, Building 197
Washington, DC 20407
L.
MIL
Military Specification
Naval Publications and Forms Center
5801 Tabor Avenue
Philadelphia, PA 19120
M.
PCA
Portland Cement Association
5420 Old Orchard Road
Skokie, IL 60077
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N. UL Underwriters' Laboratories, Inc.
' 333 Pfringston Road
Northbrook, IL 60062
05/27/99
' 1.4 ABBREVIATIONS
Whenever the following abbreviations and acronyms are used, they shall have the corresponding
r meaning as follows.
AGA - American Gas Association
' AHTD - Arkansas Highway and Transportation Department
ASHTD - Arkansas Highway and Transportation Department
AISC - American Institute of Steel Construction
APA - American Plywood Association
ASA - American Standards Association
' AWG - American Wire Gage
AWPA - American Wood Products Association
AWS - American Welding Society
' GSA - General Services Administration, U.S. Government
NHBA - National Builders Hardware Association
NEC - National Electric Code
' NEMA - National Electric Manufactures Association
NFPA - National Fire Protection Association
NPT - National Pipe thread
' SBC - Standard Building Code (also SSBC)
SPA - Southern Products Association
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A - Ampere
cfin . - cubic feet per minute
CGMP - corrugated galvanized metal pipe
DIP - ductile iron pipe
gpm - gallons per minute
Hp - horsepower
MGD - million gallons per day
N.C. - normally closed
N.O. - normally open
ppm - parts per million
psi - pounds per square inch
PVC - polyvinyl chloride (pipe)
•R - motor starter relay
RCP - reinforced concrete pipe
rpm - revolutions per minute
T.D. - time delay
TDH - total dynamic head
V -volt
Part 2- PRODUCTS
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Part 3 - EXECUTION
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' Section 01300
I. SUBMITTALS
Part 1- GENERAL
1.1 SUMMARY
IA. This Section expands upon requirements regarding administrative and procedural
requirements for submittals of progress schedules, shop drawings, product data,
samples, manufacturer's instructions, and manufacturer's certificates.
' B. Related Work:
' 1. Section 01400 - Quality Control: Manufacturers' field services and reports.
2. Section 01700 - Contract Closeout: Contract warranty, manufacturer's
certificates, and closeout submittals.
' 1.2 SUBMITTAL PROCEDURES
A. Transmit each submittal with form accepted by Engineer.
B. Sequentially number the transmittal forms. Re -submittals to have original number
with an alphabetic suffix.
C. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and
detail number(s), and specification Section number, as appropriate.
' D. Apply Contractor's stamp, signed or initialed certifying that review, verification of
Products required, field dimensions, adjacent construction Work, and coordination
of information, is in accordance with the requirements of the Work and Contract
Documents.
' E. Schedule submittals to expedite the Project, and deliver to Engineer. Coordinate
submission of related items.
' F. Identify variations from Contract Documents and Product or system limitations
which may be detrimental to successful performance of the completed Work.
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G. Provide space for Contractor and Engineer review stamps.
H. Revise and resubmit submittals as required, identity all changes made since previous
submittal.
I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to
promptly report any inability to comply with provisions.
1W
1.4
CONSTRUCTION PROGRESS SCHEDULES
A.
B.
C.
D.
E.
F.
Submit initial progress schedule in duplicate within 15 days after date of Owner -
Contractor Agreement for Engineer review.
Update in accordance with Section 01310 and resubmit with each pay request
Submit a horizontal bar chart with separate line for each major section of Work or
operation, identifying first work day of each week.
Show complete sequence of construction by activity, identifying Work of separate
stages and other logically grouped activities.
Indicate estimated percentage of completion for each item of Work at each
submission.
Indicate submittal dates required for shop drawings, product data, and samples.
SHOP DRAWINGS
A. Submit the number of opaque reproductions which Contractor requires, plus two
copies which will be retained by Engineer.
B. Make Shop Drawings accurately to a scale sufficiently large to show all pertinent
aspects of the item and its method of connection to the Work.
C. Unless otherwise specified, make submittals in groups containing all associated items
to assure that information is available for checking each item when it is received.
1. Partial submittals may be rejected as not complying with the provisions of the
Contract.
2. The Contractor may be held liable for delays so occasioned.
D. Make submittals far enough in advance of scheduled dates for installation to provide
time required for reviews, for securing necessary approvals, for possible revisions
and re -submittals, and for placing orders and securing delivery.
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E. In scheduling, allow at least ten working days for review by the Engineer following
the Engineer's receipt of the submittal.
F. Submittal log:
1. Maintain an accurate submittal log for the duration of the Work, showing
current status of all submittals at all times.
2. Make the submittal log available to the Engineer for the Engineer's review
upon request.
G. After review distribute in accordance with Article on Procedures above and for
Record Documents described in Section 01700 - Contract Closeout.
1 1.5 PRODUCT DATA
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A. Submit the number of copies which the Contractor requires, plus two copies which
will be retained by the Engineer.
B. Mark each copy to identify applicable products, models, options, and other data.
Supplement manufacturers' standard data to provide information unique to this
Project.
C. After review, distribute in accordance with Article on Procedures above and provide
copies for Record Documents described in Section 01700 - Contract Closeout.
1.6 SAMPLES
A. Submit samples to illustrate functional and aesthetic characteristics of the Product,
with integral parts and attachment devices. Coordinate sample submittals for
interfacing work.
B. Submit samples of coatings or finishes for Engineer's selection.
C. Include identification on each sample, with full product information.
D. Submit the number or samples specified in individual specification Sections; one of
which will be retained by Engineer.
E. Reviewed samples which may be used in the Work are indicated in individual
specification Sections.
1.7 MANUFACTURER'S INSTRUCTIONS
IA. When specified in individual specifications Sections, submit manufacturers' printed
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instructions for delivery, storage, assembly, installation, start-up, adjusting, and
finishing, in quantities specified for Product Data.
B. Identify conflicts between manufacturers' instructions and Contract Documents.
1.8 MANUFACTURER'S CERTIFICATES
A. When specified in individual specification Sections, submit manufacturers' certificate
to Engineer for review, in quantities specified for Product Data.
B. Indicate that material or product conforms to or exceeds specified requirements.
Submit supporting reference data affidavits, and certifications as appropriate.
C. Certificates may be recent or previous test results on material or Product, but must
be acceptable to Engineer.
Part 2- PRODUCTS
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Part 3 - EXECUTION
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END OF SECTION
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Section 01310
PROGRESS SCHEDULES
Part 1- GENERAL
1.1 SUMMARY
A. This Section includes procedural requirements for preparation, submittal, and
updating of Contractor's construction progress schedules.
B. Related Work:
1. Documents affecting work of this Section include, but are not limited to,
General Conditions, Supplementary Conditions, and Sections in Division I
of these Specification.
2. Section 01027- Applications for Payment.
3. Section 01300 - Submittals: Shop drawings, product data, and samples.
1.2 FORMAT
A: Prepare Schedules as a horizontal bar chart with separate bar for each major portion
of Work or operation, identifying first work day of each week.
B. Sequence of Listings: The chronological order of the start of each item of Work.
C. Scale and Spacing: To provide space for notations and revisions.
D. Sheet Size: Minimum multiples of 8' /2 x 11 inches (216 x 279 mm)
1.3 CONTENT
A. Show complete sequence of construction by activity, with dates for beginning and
completion of each element of construction.
B. Identify each item by specification Section number.
C. Identify work of separate stages and other logically grouped activities.
D. Provide sub -schedules to define critical portions of the entire Schedule.
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E. Show accumulated percentage of completion of each item, and total percentage of
Work completed, as of the first day of each month.
F. Provide separate schedule of submittal dates for shop drawings, product data, and
samples, and dates reviewed submittals will be required from Engineer.
G. Coordinate content with Schedule of Values specified in Section 01370.
1.4 REVISIONS TO SCHEDULES I
A. Indicate progress of each activity to date of submittal, and projected completion date
of each activity.
B. Identify activities modified since previous submittal, major changes in scope, and
other identifiable changes.
C. Provide narrative report to define problem areas, anticipated delays, and impact on
Schedule. Report corrective action taken, or proposed, and its effect.
1.5 SUBMITTALS
A. Submit initial Schedules within two (2) days after date of Notice of Award. After
review, resubmit required revised data within two. (2) days. '
B. Submit the number of opaque reproductions which Contractor requires, plus two ,
copies which will be retained by Engineer.
1.6 DISTRIBUTION
A. Distribute copies of reviewed Schedules to project site file, Subcontractors, suppliers,
and other concerned parties.
B. Instruct recipients to promptly report, in writing, problems anticipated by projections
indicated in Schedules.
Part 2 -PRODUCTS ,
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Part 3- EXECUTION
' Not Used
' END OF SECTION
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Section 01410
TESTING LABORATORY SERVICES
Part I - GENERAL
05/27/99
A. This Section describes testing and inspecting to be provided by Contractor, plus
cooperation required from Contractor with Owner's selected testing agency and others
responsible for testing and inspecting the Work.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited
to, General Conditions, Supplementary Conditions, and Sections in Division I of
these Specifications.
2. Requirements for testing may be described in various Sections of these
Specifications.
3. Where no testing requirements are described, but Owner decides that testing is
required, Owner may require such testing to be performed under current pertinent
standards for testing. Payment for such testing will be made as described in this
Section.
C. Work not included:
Selection of testing laboratory: Owner and Contractor will each select a pre -qualified
independent testing laboratory for the testing services required by each. Neither Owner
nor Contractor shall utilize a testing laboratory against which the other has a reasonable
objection.
1.2 QUALITY ASSURANCE
A. The testing laboratory will be qualified to the Owner's approval in accordance with
ASTM E 329.
I B. Testing, when required, will be in accordance with all pertinent codes and regulations, and
with selected standards of the American Society for Testing and Materials and the
American Association of State Highway and Transportation Officials.
1.3 DELIVERY, STORAGE, AND HANDLING
A. Comply with pertinent provisions of Section 01620.
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B. Promptly process and distribute required copies of test reports and related instructions to ,
assure necessary re -testing and replacement of materials with the least possible delay in
progress of the Work.
Part 2 -PRODUCTS ,
2.1 PROOF OF MATERIALS TESTING
A. Materials to be incorporated into the work shall be tested, using suitable laboratory and
source quality control tests, as indicated in individual specification Sections, to prove ,
their compliance with the Specifications.
B. Proof of materials testing shall be paid for by Contractor.
2.2 PROOF OF CONSTRUCTION TESTING
A. Completed construction shall be tested, using suitable in -situ and laboratory tests, as ,
indicated in individual specification sections or as recommended by Engineer or required
by Owner, to prove compliance of completed work with Specifications. ,
B. Initial proof of construction testing will be paid for by Contractor.
C. When initial tests indicate non-compliance with the Contract Documents, the costs of all
tests associated with that non-compliance will be borne by Contractor.
2.3 CODE COMPLIANCE TESTING
A. Inspections and tests required by codes or ordinances, or by a plan approval authority, and ,
which are made by a legally constituted authority, shall be the responsibility of and shall
be paid for by Contractor, unless otherwise provided in the Contract Documents.
2.3 CONTRACTOR'S CONVENIENCE TESTING
A. Inspecting and testing performed exclusively for Contractor's convenience shall be sole ,
responsibility of Contractor.
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Part 3- EXECUTION
3.1 COOPERATION WITH TESTING LABORATORY
A. Representatives of the testing laboratory shall have access to the Work at all times and at
all locations where the Work is in progress. Provide facilities for such access to enable
the laboratory to perform its functions properly.
3.2 TAKING SPECIMENS
A. Specimens and samples for testing, unless otherwise provided in the Contract Documents,
' shall be taken by testing personnel. Sampling equipment and personnel will be provided
by the testing laboratory. Deliveries of specimens and samples to the testing laboratory.
' 3.3 SCHEDULES FOR TESTING
' A. Establishing schedule:
I. By advance discussion with testing laboratory selected by Owner, determine the
' time required for laboratory to perform tests and to issue findings.
2. Provide all required time within the construction schedule.
B. Revising schedule: When changes of construction schedule are necessary during
construction, coordinate all such changes with the testing laboratory as required.
IC. Adherence to schedule: When the testing laboratory is ready to test according to the
established schedule, but is prevented from testing or taking specimens due to
incompleteness of the Work, all extra charges for testing attributable to the delay may be
' back -charged to Contractor and shall not be borne by Owner.
END OF SECTION
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ISection 01500
' CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
Part 1 - GENERAL
' 1.1 SUMMARY
I. A. This Section describes construction facilities and temporary controls required for the
Work.
' B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited
to, General Conditions, Supplementary Conditions, and Sections in Division 1 of
these Specifications.
' 2. Except that equipment furnished by subcontractors shall comply with
requirements of pertinent safety regulations, such equipment normally furnished
I. by the individual trades in execution of their own portionsof the Work are not
part of this Section.
' 1.2 REQUIREMENTS
A. Provide construction facilities and temporary controls needed for the Work including, but
not necessarily limited to:
1. Temporary Utilities: Electricity, water and sanitary facilities.
' 2. Temporary Controls: Barriers, fencing, protection of the Work, and water
control.
3. Project sign, if required.
Part 2- PRODUCTS
2.1 MAINTENANCE OF TRAFFIC
' A. Keep existing roads open to all traffic. Detour routes are not required for this project.
Keep the portion of the project being used by public traffic, either through or local traffic,
in such condition to permit safe, continuous flow two-way traffic at all times.
Where the nature of the work restricts or prohibits two-way flow, one-way operation may
be maintained by use of flaggers.
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B. Conduct work as to assure the least possible obstruction to traffic (vehicular &
pedestrian). Provide for safety and convenience of the general public & residents affected
by construction, and protection of persons and property. Provide safe sidewalk access to
all residences & businesses at all times.
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C. Maintain existing roads from the date work is begun until the project has been completed
and accepted.
D. Provide traffic control devices and operations required to delineate temporary hazards
which result from construction. Traffic control devices shall comply with applicable
portions of the MUTCD and Section 604 of AHTD. Traffic control devices which are
ineffective due to size, age, wear and tear, or improper delineation shall be removed from
the site and replaced with suitable devices.
2.2 UTILITIES
A. Water
1. Provide necessary temporary piping and water supply and, upon completion of the
Work, remove such temporary facilities.
2. Provide and pay for water used in construction.
B. Electricity
1. Provide necessary temporary wiring and, upon completion of the Work, remove
such temporary facility.
2. Provide and pay for electricity used in construction.
C. Temporary Sanitary Facilities
1. Provide temporary sanitary facilities in the quantity required for use by all
personnel.
2. Maintain in sanitary condition at all times.
2.3 BARRIERS
A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's
use of site, and to protect existing facilities and adjacent properties from damage from
construction operations and demolition.
B. Provide protection for plant life designated to remain. Replace damaged plant life.
C. Protect non -owned vehicular traffic, stored materials, site and structures from damage.
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' 2.4 WATER CONTROL
IA. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain
pumping equipment.
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B. Protect site from puddling or running water. Provide water barriers as required to protect
site from soil erosion.
2.5 PROTECTION OF INSTALLED WORK
A. Protect installed Work and provide special protection where specified in individual
specification Sections.
B. Provide temporary and removable protection for installed Products. Control activity in
'immediate work area to minimize damage.
' C. Prohibit traffic on dressed and seeded areas.
2.6 SECURITY
' A. Provide security and facilities to protect Work, existing facilities, and Owner's operations
from unauthorized entry, vandalism, or theft.
2.7 _ PROGRESS CLEANING
A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and
orderly condition.
' B. Remove waste materials, debris, and rubbish from site periodically and dispose off -site.
' 2.8 TEMPORARY FENCING
A. Provide and maintain for the duration of construction a temporary fence of design and
type needed to prevent entry by the public onto the open excavation areas of the Work.
B. Fencing shall be international orange in color, 4' high, have maximum 6 inch square
' opening and be supported by 6 foot posts located 10 feet to 12 feet on center and
imbedded 18 inches into the ground.
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Part 3- EXECUTION
3.1 MAINTENANCE AND REMOVAL
A. Remove such temporary facilities and controls as rapidly as progress of the Work will
permit, or as directed by the Engineer.
B. Clean and repair damage caused by installation or use of temporary work.
C. Restore existing facilities used during construction to original condition. Restore
permanent facilities used during construction to specified condition.
END OF SECTION
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' Section 01620
' STORAGE AND PROTECTION
Part 1- GENERAL
1.1 SUMMARY
I. A. Protect products scheduled for use in the Work by means including, but not necessarily
limited to, those described in this Section.
' B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited
'
to, General Conditions, Supplementary Conditions, and Sections in Division I of
these Specifications.
' 2. Additional procedures also may be prescribed in other Sections of these
Specifications.
' 1.2 QUALITY ASSURANCE
A. Include within the Contractor's quality assurance program such procedures as are required
to assure full protection of work and materials.
1.3 MANUFACTURERS' RECOMMENDATIONS
A. Except as otherwise approved by the Engineer, determine and comply with manufacturers'
recommendations of product handling, storage, and protection.
' 1.4 PACKAGING
A. Deliver products to the job site in their manufacturer's original container, with labels
intact and legible.
Ii. Maintain packaged materials with seals unbroken and labels intact until time of
use.
' 2. Promptly remove damaged material and unsuitable items from the job site, and
promptly replace with material meeting the specified requirements, at no
additional cost to the Owner.
' B. Engineer may reject as non -complying such material and products that do not bear
identification satisfactory to Engineer as to manufacturer, grade, quality, and other
pertinent information.
City of Fayetteville
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1.5 STORAGE
A. The Contractor shall not store materials, supplies and/or equipment within the rights -of- '
way or easements.
1.6 PROTECTION
A. Provide the necessary care in unloading procedures to prevent damage to materials and
equipment delivered to the job site.
B. At all times safely guard Owner's property from injury or loss in connection with this '
Contract. At all times safely guard and protect the Work, and that of adjacent property,
from damage. Furnish, maintain, and use such equipment as may be necessary to protect
adjacent property from damage caused by construction equipment, dust, mud, dirt, and
refuse from operations. Failure to prevent such damage shall be cause for stopping the
Work until dust, mud, dirt, and refuse are controlled. Be fully responsible for safety
precautions and protection until acceptance of the Work.
C. Exercise
due care
to avoid
damage to existing improvements
or facilities, fences,
building,
structures,
adjacent
properties, and trees and shrubs that are not to be removed.
D. In the event of temporary suspension of work, or during inclement weather, or whenever
Engineer shall direct, direct Subcontractors to carefully protect the Work and materials
against damages or injury from the weather.
1.7 REPAIRS AND REPLACEMENTS
A. In event of damage, promptly make replacements and repairs to the approval of Engineer
and at no additional cost to Owner.
B. Additional time required to secure replacements and to make repairs will not be
considered by Engineer to justify an extension in the Contract Times.
END OF SECTION
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Section 01630
PRODUCT OPTIONS AND SUBSTITUTIONS
Part 1- GENERAL
1.1 SUMMARY
05/27/99
A. This Section describes product options available to the Contractor, plus procedures for
securing approval of proposed substitutions.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited
to, General Conditions, Supplementary Conditions, and Sections in Division I of
these Specifications.
2. Make submittals in accordance with pertinent provisions of Section 01340.
1.2 PRODUCT OPTIONS
A. The Contract is based on standards of quality established in the Contract Documents.
In agreeing to the terms and conditions of the Contract, Contractor has accepted
a responsibility to verify that the specified products will be available and to place
orders for all required materials in such a timely manner as is needed to meet
agreed upon construction schedule.
Neither Owner nor Engineer has agreed to the substitution of materials or methods
called for in the Contract Documents, except as they may specifically otherwise
state in writing.
IB. Materials and/or methods specified by name:
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1. Where materials and/or methods are specified by naming one single manufacturer
and/or model number, without stating that equal products will be considered, only
the material and/or method named is approved for incorporation into the Work.
2. Should Contractor demonstrate to the satisfaction of Engineer that a specified
material or method was ordered in a timely manner and will not be available in
time for incorporation into this Work, Contractor shall submit to Engineer such
data on proposed substitute materials and/or methods as are needed to help
Engineer determine suitability of the proposed substitution.
' City of Fayetteville Page 01630-1
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C. Where materials and/or methods are specified by name and/or model number, followed
by the words "or equal":
1. The material and/or method specified by name establishes the required standard
of quality;
2. Materials and/or methods proposed by Contractor to be used in lieu of materials
and/or methods;
3. Information on proposed substitutions shall be submitted to Engineer in triplicate
in accordance with Paragraph 6.7.1.2 of the General Conditions.
D. The following products do not require further approval except for interface within the
Work:
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1. Products specified by reference to standard specifications such as ASTM, ,
AWWA, and similar standards;
2. Products specified by manufacturer's name and catalog model number.
E. Where the phrase "or equal," or "or equal as approved by Engineer," occurs in the
Specifications, do not assume that the materials, equipment, or methods will be approved
as equal unless the item has been specifically so approved for the Work by Engineer.
F. The decision of Owner shall be final.
1.3 REIMBURSEMENT OF ENGINEER'S COSTS
A. In the event substitutions are proposed to Engineer after the Contract has been awarded,
Engineer will record all time used by Engineer and Engineer's consultants in evaluating
each such proposed substitution.
B. Whether or not Engineer approves a proposed substitution, Contractor promptly upon
receipt from Owner of Engineer's billing shall reimburse Owner for the charges of
Engineer and Engineer's Consultants for evaluating each such proposed substitute item..
1.4 DELAYS
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A. Delays in construction arising by virtue of the non -availability of a specified material
and/or method will not be considered by Engineer as justifying an extension of the agreed
Contract Time.
END OF SECTION ,
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' Section 01700
CONTRACT CLOSEOUT
' Part 1 - GENERAL
' 1.1 SECTION INCLUDES
IA. Description of an orderly and efficient transfer of the completed Work to Owner.
B. Expands upon requirements regarding project closeout procedures, final cleaning,
' adjusting, project record documents, and warranties described to permit direct reference
from individual product specification Sections.
' C. Related work: Documents affecting work of this Section include, but are not necessarily
limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of
these Specifications.
' 1.2 QUALITY ASSURANCE
' A. Prior to requesting inspection by Engineer, use adequate means to assure that the Work
is completed in accordance with the specified requirements and is ready for the requested
inspection.
1.3 PROCEDURES
' A. Final Completion:
I1. Prepare and submit the notice required by the first sentence of Paragraph 14.11
of the General Conditions.
2. Verify that the Work is complete including, but not necessarily limited to, the
items mentioned in Paragraph 14.12 of the General Conditions.
3. Certify that:
a. Contract Documents have been reviewed;
b. Work has been inspected for compliance with the Contract Documents;
c. Work has been completed in accordance with the Contract Documents;
and
' d. Work is completed and ready for final inspection.
4. Engineer will make an inspection to verify status of completion.
5. Should Engineer determine that the Work is incomplete or defective:
a. Engineer promptly will so notify Contractor and Owner, in writing, listing
the incomplete or defective work.
b. Remedy the deficiencies promptly, and notify Engineer when ready for
reinspection.
ICity of Fayetteville
Page 01700-1
6. When Engineer determines that the Work is acceptable under the Contract
Documents, he will request Contractor to make closeout submittals.
B. Closeout submittals include, but are not necessarily limited to:
1. Project Record Documents.
2. Operation and maintenance data for items so listed in pertinent other Sections of
these Specifications, and for other items when so directed by Engineer.
3. Warranties and Bonds
4. Specifications with recorded changes made by addenda.
5. Spare parts and materials extra stock
6. Evidence of compliance with requirements of government agencies having
jurisdiction including, but not necessarily limited to:
a. Certificates of Inspection;
b. Certificates of Occupancy;
7. Certificates of Insurance for products and completed operations;
8. Evidence of payment and release of liens;
9. List of subcontractors, service organizations, and principal vendors, including
names, addresses, and telephone numbers where they can be reached for
emergency service at all times including nights, weekends, and holidays.
C. Final adjustment of accounts: Submit a final statement of accounting to Engineer,
showing all adjustments to the Contract Price. A final Change Order reconciling
quantities installed to contract amounts will be issued.
1.4 FINAL CLEANING
A. Execute final cleaning prior to final inspection.
B. Remove waste and surplus materials, rubbish, and construction facilities from the site.
C. Restore areas disturbed by the Work, as specified in Section 02261.
1.5 PROJECT RECORD DOCUMENTS
A. Maintain on site one set of the following record documents; protect from deterioration and
from loss and damage until completion of the Work; record actual revisions to the Work.
Do not use the record documents set for any purpose except entry of new data and for
review by Engineer.
1. Contract Drawings.
2. Specifications.
3. Addenda.
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4. Change Orders and other Modifications to the Contract.
5. Reviewed shop drawings, product data, and samples.
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B. Store Record Documents separate from documents used for construction.
1)L C. Record information concurrent with construction progress. Failure to promptly make
notations on Record Documents will be considered in evaluating requests for progress
payments.
1. Using an erasable colored pencil (not ink or indelible pencil), clearly describe the
change by graphic line and note as required.
L' 2. Date all entries.
3. Call attention to the entry by a "cloud" drawn around the area or areas affected.
4. In the event of overlapping changes, use different colors for the overlapping
changes.
D. Specifications: Legibly mark and record at each product section description of actual
products installed, including the following.
1. Manufacturer's name and product model and number.
2. Product substitutions or alternates utilized.
3. Changes made by Addenda and Modifications.
E. Record Documents and Shop Drawings: Legibly mark each item to record actual
construction including:
1. Measured horizontal and vertical locations of underground utilities and
appurtenances, referenced to permanent surface improvements.
2. Field changes of dimension and detail.
3. Details not on original Contract Drawings.
F. Submittal, Review, and Approval
1. Submit the completed set of Project Record Documents to Engineer for review.
2. Participate in review meetings as required.
3. Make required changes and promptly deliver the final Project Record Documents
to Engineer.
G. Contractor has no responsibility for recording changes in the Work subsequent to Final
Completion, except for changes resulting from work performed under Warranty.
1.6 WARRANTIES
A. Provide duplicate notarized copies.
B. Execute and assemble documents from Subcontractors, Suppliers, and manufacturers.
tev City of Fayetteville Page 01700-3
05/27/99
C. Provide Table of Contents and assemble in three ring binder with durable plastic cover. '
D. Submit prior to final Application for Payment. ,
Part 2 -PRODUCTS ,
Not Used
Part 3 - EXECUTION
Not Used '
END OF SECTION ,
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' wi< Section 02050
t, bm DEMOLITION
Part 1 GENERAL
1.1 SECTION INCLUDES
' A. Remove and dispose of existing sidewalks, steps, walks, curb & gutter, driveway
CU materials, (e.g. asphalt, concrete, aggregate base, etc.), and etcetera as noted on the
' Drawings.
B. All items that are included in demolition (preparing the site for new construction),
which may or may not be enumerated in this section, and not paid for under a
separate item shall be paid for under Site Preparation.
' 1.2 SEQUENCING AND SCHEDULING
IA. Demolition work may be scheduled in sequence by the Contractor. The work
enumerated above may or may not be in any chronological order. The Contractor's
schedule will need to be reviewed and approved by the City. Demolition of any
item on the City right of way and/or on any AHTD right of way permitted for
construction shall be coordinated with the City Engineering and the City of
Fayetteville Traffic Departments. Demolition of the entire sidewalk at one time shall
not be allowed.
Part 2 - PRODUCTS
Not Used
Part 3- EXECUTION
3.1 EXAMINATION
A. Verify with Engineer or Engineer's representative the limits of demolition.
B. Examine all demolition material. Remove and dispose of in accordance with all
local, state, and federal laws.
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3.2 DEMOLITION
A. Remove and dispose of existing structure as indicated on the Drawings and as per
these specifications. Take care to avoid damage to adjacent property.
B. Existing ground material shall be removed to subgrade as indicated on the Drawings
and removed from the site, if not deemed acceptable by the Engineer.
3.3 CLEANING
A. Clean demolished areas. Restore area per Section 02261, unless other construction
is scheduled to take place in that area.
END OF SECTION
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Section 02100
SITE PREPARATION
Part 1- GENERAL
1.1 SECTION INCLUDES
A. Preserved Vegetation
B. Scalping
C. Miscellaneous
1.2 RELATED SECTIONS
A. Measurement and payment for work under this section is specified in Section 01025.
B. Demolition is specified in Section 02050.
C. Excavation and embankment are specified in Section 02220.
D. Roadbed preparation is specified in Section 02230.
1.3 UNIT PRICES
A. Unit prices for work covered under this section are defined in Section 01025, including
incidentals, related work, method of measurement, and partial payment provisions, if any.
1.4 QUALITY ASSURANCE
A. Work under this section shall be performed by workers trained and experienced in this
type of work.
B. Vegetation preservation work shall be accomplished by qualified tree surgeons, landscape
architects or contractors, or horticulturalists.
1.5 SUBMITTALS
A. If requested, submit evidence of permission to dispose of site preparation debris on
private property.
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Part 2- PRODUCTS
Not Used.
Part 3- EXECUTION
3.1 GENERAL
A. The limits of construction for the Work shall be prepared for excavation, embankment,
sidewalk and driveway construction by a combination of vegetation preservation,
scalping or any other miscellaneous item of work needed to prepare the site for
construction of other pay items. Each item of work is considered a separate type of site
preparation defined as follows:
I. Preserved Vegetation - Areas of the right-of-way containing trees and brush that
are not to be disturbed except for trimming above the sidewalk/driveway or to
protect vegetation from nearby construction.
2. Scalping - Removal and disposal of material such as saplings less than 4 inches
in diameter measured 12 inches above ground, logs, brush, roots, grass, residue
of agricultural crops, refuse dumps, and decayed matter.
3. Miscellaneous - Demolition, removal, relocation, repair, or any item that is
temporarily or permanently in conflict with the proposed items of work.
Typically any item that is not specifically noted as a pay item. It may or may not
be indicated on the Drawings.
3.2 PRESERVED VEGETATION
A. Carefully protect vegetation to remain from abuse, marring, or damage during
construction operations.
B. In case of injury to bark, limbs, or roots of vegetation designated to remain, repair such
damage by corrective pruning or other appropriate methods.
C. Remove low -hanging, unsound, or unsightly branches from trees or shrubs designated to
remain. Trim branches of trees extending over the roadbed to give a clear height of 20
feet above roadbed surface. Accomplish trimming with skilled workers and in accordance
with good tree surgery practices.
D. Parking and servicing equipment under branches of trees designated to remain is not
allowed.
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3.3 SCALPING
A. Scalp areas where excavation or embankment is to be made. Store topsoil material.
B. Place suitable topsoil material resulting from scalping operations on finished slopes,
' adjacent to the area from which it is obtained, after excavation or embankment operations
are complete.
3.4 MISCELLANEOUS
A. Any item not noted under another pay item that may or may not be indicated on the
' Drawings that needs to be removed or relocated to prepare the site for other items of work
that have been noted as a pay item will be included in Site Preparation. Examples include
but are not limited to; Removing and disposing of existing pipes, removing and disposing
' of existing pavement (gravel and asphalt), removing and disposing of existing concrete,
removing and reconstructing any existing structure that may need to be modified for
I. construction. Relocating mailboxes, fencing, guardrails, signs or any other item that will
require relocation or reconstruction.
3.5 DISPOSAL OF EXCESS MATERIALS
A. Burning is not permitted.
IB. Remove from the site excess materials and debris, and dispose of at locations off -site, in
accordance with applicable laws and regulations. If a private disposal site is utilized for
' disposal, provide evidence when requested by Owner that the selected disposal site meets
applicable laws and regulations for such disposal.
' END OF SECTION
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Section 02220
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EXCAVATION AND EMBANKMENT
Part 1- GENERAL
1.1 SECTION INCLUDES
A. Excavation, construction of embankments, and disposal or compaction of all material
that is encountered within the limits of the Work.
B. Earthwork required for construction of sidewalks and appurtenances, including
excavation, backfilling, and compaction of backfill.
1.2 RELATED SECTIONS
A.
Clearing, grubbing,
and scalping are covered in
Section 02100 - Site Preparation.
B.
Excavation Safety is
covered in Section 02161 -
Excavation Safety.
C. Roadbed preparation and base course placement are covered in Section 02230 - Road
Bed Preparation.
D. Erosion control procedures are covered in Section 02270 - Erosion Control.
E. Pipelaying is covered in Section 02600 - Pipe Laying.
1.3 REFERENCES
A. AASHTO T 99, "The Moisture -Density Relations of Soils Using a 5.5 -lb Rammer and
a 12 -in. Drop".
B. AASHTO T 180, "The Moisture -Density Relations of Soils Using a 10 -lb Rammer and
an 18 -in. Drop".
C. AASHTO T 191, "Density of Soil In -Place by the Sand -Cone Method".
D. AASHTO T 224, "Correction for Coarse Particles in the Soil Compaction Test".
E. AASHTO T 238, "Density of Soil and Soil -Aggregate In -Place by Nuclear Methods".
City of Fayetteville
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1
1.4 QUALITY ASSURANCE
A. All excavation, embankment, and trenching work shall be accomplished by workers
skilled and experienced in this kind of work. Equipment used shall be of a size and
design suitable to accomplish the construction required.
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B. Quality control testing shall conform to the requirements of this section and section
01410.
1.5 SEQUENCING AND SCHEDULING
A. Sequence and. schedule work to avoid double handling of materials. Prepare
embankment areas to receive fill prior to beginning excavation of materials that will be
used in embankments, so that the material can be immediately used to construct
embankments.
Part 2 -PRODUCTS
2.1 CLASSES OF EXCAVATION
A. Common Excavation: all excavation not included as rock excavation or excavation not
otherwise classified. Removing of existing asphalt pavement necessary for constructing
new pavement connections is considered demolition.
B. Rock Excavation: igneous, metamorphic, and sedimentary rock that cannot be
excavated without blasting or the use of rippers, and all boulders or other detached stones
each having a volume of '/ cy or more.
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C. Unclassified Excavation: the excavation and disposal of all materials of whatever
character encountered in the work.
D. Unsuitable Excavation: material excavated from cut areas that cannot be utilized on
any part of the project due to the poor qualities of the material and must be hauled off -
site, and materials that cannot be stabilized in place through normal drying and
compactive efforts when satisfactory weather and ground conditions exist.
E. Trench excavation: excavation required to construct a trench for utility or storm sewer
piping. Trench excavation is incidental to pipelaying.
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Part 3- EXECUTION
' 3.1 PREPARATION
A. Prepare areas to be excavated or where embankment is to be constructed in accordance
with Section 02100.
' 3.2 EXAMINATION DURING CONSTRUCTION
IA. As excavation, embankment, and trenching work proceeds, examine the work area for
evidence of prehistoric people's dwelling sites or artifacts of historical or archeological
significance. If any of these are encountered, suspend construction in the affected area
until Owner or Engineer contacts archeological authorities to determine the disposition
thereof.
3.3 GENERAL CONSTRUCTION REQUIREMENTS
A. Excavation and embankments shall be finished to reasonably smooth and uniform
' surfaces according to the lines, grades, thicknesses and typical cross sections indicated
on the Drawings.
B. Do not waste materials unless they are unsuitable for construction of embankments and
they exceed the amount that can be spread on cut or embankment slopes.
C. Common excavation materials that are surplus to the needs of the project shall be
stockpiled at locations indicated on the Drawings or as directed by Engineer.
D. Complete site preparation work in accordance with Section 02100 and demolition work
in accordance with Section 02050 prior to beginning excavation and embankment work.
' E. Conduct grading operations, as far as practicable, so that the most suitable soil is placed
in the top layer of the embankment. Where both suitable and unsuitable materials are
' encountered in the same general excavation area, control grading to keep materials
separated.
F. Exercise care and discretion in locating and using haul lanes near trees to be preserved.
Haul lanes near trees shall be approved by Engineer.
' 3.4 ROADWAY EXCAVATION
A. Excavate cut areas to approximate subgrade elevations to reasonably smooth and
uniform surfaces in accordance with the lines and grades indicated on the Drawings.
B. Use suitable materials, so far as practicable, in the formation of embankments, in the
City of Fayetteville Page 02220-3
05/27/99
subgrade, on slopes, and at other such places indicated by Engineer.
C. Excavated material to
be
used
in embankments shall
be immediately
placed in the
embankment area so as
to
avoid
stockpiling and double
handling.
D. Where excavation to the finished grade section results in a subgrade or slopes of
unsuitable material, remove the unsuitable material and backfill with approved material,
such as select material "hillside" for the subgrade or "hillside" or acceptable material
from common excavation on the slopes..
E. Place
material
unsuitable
for
embankment construction on slopes, hauled off site, or
other
locations
designated
by
Engineer.
F. Remove rock with suitable rippers and/ or by some mechanical method. Blasting will
not be permitted.
G. Excavate rock to a minimum depth of 12 inches below subgrade elevation, not to exceed
a maximum depth of 18 inches below subgrade elevation within the limits of the
roadbed, including sidewalks, and the excavation backfilled with material designated on
the Drawings. Take care that un-drained pockets shall not be left in the surface of the
rock.
H. Remove or stabilize, to the Engineer's satisfaction, rock on the cut face that is loose,
hanging, or that creates a potentially dangerous situation during or upon completion of
excavation in each lift. Ripping of the next lift will not be allowed until this work has
been completed.
I. Except in solid rock, trim all slopes to the slopes shown in the cross section drawings,
and exercise care so that no material shall be loosened below the required slopes.
Remove or cut roots, stumps, and other foreign matter in the sides of ditches or drainage
outlets to conform to the slope, grade, and shape of the section shown.
3.5 EMBANKMENT CONSTRUCTION
A. Embankment construction consists of constructing roadway/sidewalk embankments,
including preparation of the areas upon which they are to be placed; construction of dikes
within or outside the right-of-way; placing and compacting approved material within
roadway/sidewalk areas where unsuitable material has been removed; and placing and
compacting embankment material in holes, pits, and other depressions within the
roadway area. Use only approved materials in construction of embankments and
backfills.
B. Remove sod and vegetable matter from the surface upon which embankment is to be
constructed in accordance with Section 02100. Completely break up cleared surface by
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plowing, scarifying, or discing to a minimum depth of 6 inches, and then recompact as
specified in Paragraph 3.6.C.
C. Whenever a compacted road surface containing asphalt or granular material lies within
3 feet of the subgrade, remove the old road surface to a depth of at least that shown on
the typical section. Provide select material "hillside" under the proposed road limits and
either "hillside" or acceptable common excavation (when available) in the slope areas
and the areas behind the curb.
D. Place roadway/sidewalk embankment material in parallel layers not exceeding 8 inches,
loose measurement, over the full width of the embankment and compact as specified
before the next layer is placed. Use effective spreading equipment on each lift to obtain
uniform thickness prior to compacting. As compaction of each layer progresses,
continuously level and manipulate material to assure uniform density. Add water or dry,
if necessary, in order to obtain the required density. Route compaction equipment
uniformly over the entire surface of each layer.
E. When embankment is to be placed and compacted on hillsides, continuously bench
slopes as the work is brought up in layers. Make benching of sufficient width to permit
operations of placing and compacting equipment. Start each horizontal cut at the
intersection of the original ground and the vertical sides of the previous cuts. Recompact
material thus cut out. No additional payment will be made for this.
F. When excavated material consists predominantly of rock fragments of such size that the
material cannot be placed in layers of the thickness specified, place such material in the
embankment in layers not exceeding in thickness the approximate size of larger rocks,
up to 12 inches maximum. Reduce size of rock or boulders too large to permit placing
in 12 inch layers as necessary to permit this placement. The 12 inches of embankment
immediately below finished subgrade may be placed in one layer with no rock exceeding
6 inches in its greatest dimension. Construct each layer so that rock voids are
substantially filled with rock fines and earth. Place and manipulate rock in uniform
layers with rock fines or earth distributed throughout the layer. Do not end dump rock
over the edges of the layer being constructed. Deposit rock on the layer being
constructed and move the rock ahead so as to advance the layer with a mixture of rock
fines and earth.
G. Casting material directly into place with draglines, cableways, or other similar machines
will not be permitted.
H. Control embankment construction so that partially constructed embankments remain
stable at all times. Replace portions that have become displaced due to carelessness or
negligent work; no extra payment will be made for such embankment repair.
I. For those portions of embankments immediately adjacent to structures or which are for
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other reasons inaccessible to compaction equipment in use, construct with only suitable
material in successive parallel layers of not more than 6 inches thickness, loose
measurement. Uniformly mix each layer and compact to the requirement of the specific
item by the use of mechanical equipment. Hand tamping will not be permitted.
J. Construct embankments in sections of not less than 200 feet in length, or the full length
of the embankment if less than 200 feet.
3.6 COMPACTION REQUIREMENTS
A. Accomplish compaction by any satisfactory method or methods that will achieve the
specified density.
B. Maintain compaction equipment, tools, and machinery in good operating condition.
C. Compact each layer of embankment to 95 percent of maximum density at optimum
moisture content per AASHTO T 99, Method A with correction for coarse particles
retained on the #4 sieve not to exceed 10 percent by weight as determined by AASHTO
T 224. If 11-30 percent is retained on the #4 sieve, compact to 95 percent of maximum '
density at optimum moisture content per AASHTO T 99, Method C using Note 7. Use
AASHTO T 180 Method D, Note 8 with 31 percent minimum retained on the #4 sieve. '
Specified density of 90 percent with the same previous conditions is required
immediately next to wingwalls and similar structures.
D. During compaction, maintain moisture content substantially at optimum throughout each '
layer. Maintain moisture content by adding and thoroughly mixing water or by aeration
or other drying methods, as necessary. ,
E. Maintain specified density of embankment layer prior to placing a subsequent layer.
F. Construct embankment to grade over the full width in uniform layers parallel to the
finished surface.
G. Density requirements will not apply to portions of embankment constructed of material
so rocky that it cannot be satisfactorily tested as specified. In such cases, determine
extent of compaction effort by rolling based upon the amount of breakage and
consolidation that can be accomplished. This can only be done with the direction of the
Engineer.
H. Roadbed/Sidewalk Compaction
1. Excavate or fill to subgrade lines and grades indicated on the Drawings. ,
2. Loosen top 6 inches within full width of roadbed/sidewalk.
3. Adjust moisture content to bring substantially to optimum.
4. Compact as specified for embankment.
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5. Reshape section as part of compaction effort to conform to typical section.
3.7 TRENCH EXCAVATION
IA. General
1. Notify property residents 48 hours prior to beginning excavation on property.
2. Protect trees unless designated by Owner or Engineer for removal.
a. Erect protective barricade around trees as approved by Engineer.
b. Minimize pedestrian and vehicular traffic over root zone of trees to be
saved.
'
C. Use clear distance to tree equal to I foot for each 2 inches of tree
diameter, measured 4 feet above highest ground surface at base of tree,
' or 2 feet, whichever is greater.
3. After tree protection barricades are installed, cut and remove unprotected natural
growth from planned location of trench. Dispose of cleared material in
' compliance with applicable laws and regulations.
4. Where the existing ground cover contains grasses such as Bermuda, Zoysia, or
other grasses not included in the prescribed seed mixture: cut, remove, and
' stockpile existing sod on the job site. After backfill of trench has settled, the sod
shall be replaced to a condition equal to or better than that prior to construction.
In the event that insufficient sod has been stored, or sod has been lost or
destroyed, provide and install new ground cover of the existing type.
5. Excavate with caution so that location of underground conduits and structures
can be determined and protected.
'6. Excavate every type of material encountered to the lines and elevations necessary
to complete the project.
' 7. Relocate surface water before excavating and protect excavated trench from
entrance of surface water.
8. Provide and install bracing and shoring necessary for safety of personnel,
' protection of work, and compliance with government agencies.
B. Utilities
Ii. Call "ARKANSAS ONE CALL" at 1-800-482-8998 two working days before
starting excavation.
2. The location and/or elevation of existing utilities as shown on the Drawings is
based on records of the various utility companies and, where possible,
measurements taken in the field. The information is not to be relied upon as
being exact or complete. Call each utility owner at least 48 hours before any
' excavation to request exact field location of utilities.
3. Protect utilities encountered during excavation.
4. Do not interrupt service in utilities encountered during excavation without
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approval of utility owner.
5. If utilities are damaged or utility service is interrupted by work under this
section, utility owner has the first right to repair. If public health or safety is at
ICity of Fayetteville
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risk, take appropriate prudent action to repair damage and service interruption.
Costs of utility protection and repair shall be at no additional cost to Owner.
6. If existing utilities are found to interfere with the permanent facility being
constructed, notify Engineer for resolution.
7. Do not proceed with permanent relocation of encountered utilities without
written instructions from Engineer.
C. Trench Depth 1
1. Excavate to the elevation necessary to provide the depth of bedding material
under the barrel of the pipe, noted on the Drawings or in these specifications.
2. Backfill over -excavation up to 2 feet with bedding material in 6 inch layers, and
tamp to achieve a bearing capacity equal to the adjacent undisturbed earth. Over -
excavation greater than 2 feet will require excavation operations to stop until an
engineered backfill is determined.
D. Trench Width: Excavate to a width ample to permit pipe jointing, bedding placement,
and compaction as specified. Specified width dimensions must be maintained from
trench bottom to an elevation 12 inches above barrel of pipe.
E. Trench Length: Excavate to a maximum distance of 75 feet from the pipe jointing
operation. Longer distances will be considered by Engineer when conditions warrant.
F. When rock is encountered, excavate to an elevation 9 inches below the pipe installation
depth.
G. Excavation In Unstable Soil: Where the planned bottom of trench is found to be
unstable, in the judgement of Engineer, excavation shall stop until an engineered
subgrade stabilization is determined. In general, excavation depth shall increase a
minimum of 12 inches.
H. Excavation In Wet Conditions
1. Where the planned bottom of trench contains water or the trench bottom is soft
from excess water, excavation depth shall increase a minimum of 6 inches.
2. Remove water to an elevation below bottom edge of pipe joint or structure base.
3. Trench dewatering system shall discharge to natural drainage channel or storm
sewer. Obtain permit for this discharge if required. '
I. Excavation At Unforseen Structure '
1. Preserve unforseen structures encountered in excavation.
2. Advise Engineer when unforseen structure interferes with planned work.
Engineer will determine if plan will change or if structure will be abandoned and '
removed.
J. Unauthorized Excavation
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1. Unauthorized excavation is removal of materials beyond specified elevations or
dimensions, undertaken by Contractor without prior authorization by Engineer.
2. Unauthorized excavation and the hauling and placement of any fill material to
create proper trench conditions will not result in extra payments to Contractor.
K. Unsuitable and Excess Excavated Material: Dispose of excavated material not suitable
for backfill and excess excavated material in compliance with applicable laws and
regulations.
L. Piping in embankment areas shall not be installed on top of the ground and then
backfilled around the pipe. Instead, construct embankment to a minimum of 12 inches
tabove the top of the pipe, and then a trench excavated in the compacted embankment..
3.8 TRENCH BACKFILLING AND COMPACTION
' A. Backfilling shall closely follow pipe laying and shall be to within 5 feet of the end of the
last pipe at the end of workday.
B. Backfill around the pipe (pipe embedment) is specified section 02600.
C. Backfill where ground surface is not graveled or paved for vehicle or pedestrian use.
1. Initial backfill, for the 2 foot distance above pipe embedment shall be free of
rock, organic material, man made debris, or frozen lumps with a dimension
' greater than 3 inches measured in any direction.
2. Backfill for the remainder of trench shall be free of rock, organic material, or
man made debris with a maximum dimension of 6 inches measured in any
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direction.
3. Backfill above pipe embedment shall be mechanically compacted to a density at
' least equal to adjacent ground. Backfill trench settlement until Engineer
determines additional backfill is not required.
ID. Where ground surface is graveled for vehicle use or paved for pedestrian use only,
backfill shall be as specified in Paragraph 3.6.C except that all backfill above pipe
embedment shall be placed in 8 inch layers loose measurement and compacted to 90
percent of standard proctor density.
E. Where ground surface is paved for vehicle use, provide aggregate base course material
' as indicated on the Drawings, as approved by Engineer, above pipe embedment in 8 inch
layers loose measurement and compact as specified in Paragraph 3.6.C.
' F. Backfill unstable trench bottom with AHTD Class 7 crushed aggregate, compacted to 95
percent of maximum proctor density, to bottom elevation of pipe embedment.
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G. Backfill wet condition trench bottom with crushed coarse aggregate that is typically used
for concrete rock . It shall be reasonably well graded from coarse to fine and shall
conform to the following grading requirements when tested in accordance with
AASHTO T 27:
Sieve Percent Passing
1-1/4" 100 '
3/4" 35-75
3/8" 10-30
#4 0-5
3.9 FIELD QUALITY CONTROL ,
A. Take in place density measurements as required to assure that compaction efforts are
achieving the specified density. Determine in -place density by AASHTO T 191 or T
238.
3.10 ADJUSTING '
A. Make adjustments to finished grade to leave the right-of-way and grading easements in
a neat and presentable condition at the completion of the grading work. '
3.11 STRUCTURAL or SUBGRADE FILL (Select Fill Material)
A. Native or imported material free from roots, organic matter, trash, debris, with maximum
particle size of 4 inches after compaction. No warranty, expressed or implied, is made
concerning the availability of sufficient quantities of satisfactory subgrade fill from the
excavations made. Therefore, the Contractor shall provide imported material of
acceptable quality, if required, to accomplish the construction. Acquiring, transporting,
and placement of acceptable imported material shall be the responsible of the Contractor
and shall be paid under the appropriate pay item. A minimum of twelve inches of select
material (GC) shall be provided under the pavement. This material shall be what is
meeting GC classification with a plastic index less than 30. All structure and subgrade
fill shall be provided and compacted as required by these specifications.
B. The pay item for this select material is Compacted Embankment _" Subgrade Fill
(Select Hillside. Material).
END OF SECTION
City of Fayetteville Page 02220-10
05/27/99
Section 02230
ROAD BED PREPARATION
Part I - GENERAL
1.1 SECTION INCLUDES
A. Preparing the subgrade of the roadbed and/or sidewalk to receive the Class 7 aggregate
base course and/or the concrete pavement.
B. Furnishing
and
installing the aggregate base course on top
of the prepared subgrade.
Furnishing
and
installing the concrete sidewalk on top of the
prepared subgrade.
C. Furnishing and installing of granular material to fill over -excavations or to replace
removed unsuitable material.
1.2 RELATED SECTIONS
A. Site preparation is covered under Section 02100.
B. Excavation and embankment are specified in Section 02220.
C. Concrete paving is specified in Section 02520.
D. Miscellaneous Concrete Work is specified in Section 03316.
1.3 UNIT PRICES
Unit prices for work covered under this section are defined in Section 01025, including
incidentals, related work, method of measurement, if any, and partial payment provisions.
1.4 REFERENCES
A. AHTD "Standard Specifications for Highway Construction".
B. AASHTO
1. T 96, "Resistance to Abrasion of Small Size Coarse Aggregate by Us of the Los
Angeles Machine".
2. T 99, "The Moisture -Density Relations of Soils Using a 5.5 -lb Rammer and a 12 -
in. Drop".
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3. T 180, "The Moisture -Density Relations of Soils Using a 10 -lb Rammer and an
18 -in. Drop".
4. T 191, "Density of Soil In -Place by the Sand -Cone Method".
5. T 224, "Correction for Coarse Particles in the Soil Compaction Test".
6. T 238, "Density of Soil and Soil -Aggregate In -Place by Nuclear Methods".
1.5 SUBMITTALS
A. Submit data concerning source and quality of granular materials being furnished. Indicate
frequency of quality control testing by the source supplier.
1.6 QUALITY ASSURANCE '
A. Work under this section shall be accomplished by workers skilled and experienced in this
kind of work, using equipment designed for this kind of work. Maintain equipment in ,
good operating condition.
1:7 DELIVERY, STORAGE, AND HANDLING
A. Granular base material shall be delivered in trucks from the source and directly placed in ,
the location required for construction, with no intermediate storage or stockpiling
required, as far as practical.
B. Delivery of materials to be paid for by weight or volumes measured in haul trucks shall '
include a truck ticket delivered to Engineer.
.1
Part 2 -PRODUCTS
2.1 GRANULAR BASE COURSE MATERIALS '
A. Aggregate base course shall be crushed stone so proportioned as to meet the requirements ,
for Class 7 material as specified in Table 1.
B. Granular material for over -excavation areas shall be either crushed stone and/or gravel so ,
proportioned to meet the requirements for either Class 1, Class 2, or Class 7 material as
specified in Table 1.
C. Percent of wear for Class 7 material, measured by AASHTO T 96, shall not be greater
than 45.
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' D. When it is necessary to blend two or more materials, each material shall be proportioned
separately through mechanical feeders to ensure uniform production. Premixing or
blending to avoid separate feeding will not be permitted. Blending materials on the
roadway in order to obtain a mixture that will comply with the requirements specified will
not be pet nutted.
E. Shale and slate are not considered to be gravel or stone. Material furnished shall be
reasonably free from shale, slate, and other objectionable, deleterious, or injurious matter.
F. For Class I and Class 2 material, the fraction passing the #200 sieve shall not be greater
than 3/4 of the fraction passing the #40 sieve. For Class 7 material, the fraction passing
' the #200 sieve shall have a liquid limit not greater than 25.
G. When the material contains aggregate larger than that specified for the class required, it
must be removed by screening or by screening and crushing. Removal of large size
aggregate by hand methods will not be permitted.
' Table I
Classes of Granular Material
Grading and Crushing Requirements
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SIEVE
Class 1
Class 2
Class 7
Percent Passing
3 inch
100
100
2 inch
95-100
95-100
1'/, inch
100
3/4 inch
60-100
60-100
50-90
3/8 inch
40-80
40-80
#4
30-60
30-60
25-55
#10
20-50
20-50
#40
10-35
10-35
10-30
#200
3-15
3-15
3-10
Max Plasticity
Index (minus #40
material)
13
10
6
Min percent
crusher -run
material
90
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2.2 SOURCE QUALITY CONTROL
A. Granular materials for aggregate base course and filling over -excavation areas shall be
obtained from a quarry permanently established to furnish the materials specified, having
a standard quality control and testing procedure in place.
B. If requested, provide reports of standard quality control tests for the types of materials
being furnished, such reports to include gradation of the completed mixture, Los Angeles
hardness, plasticity index, and liquid limit.
C. If requested by Engineer or Owner, provide source quality control testing of the actual
material being furnished. Such tests will be requested if material as delivered on site does
not appear to match the specifications, or if the compacted material does not seem to
compact as specified. Such tests will include any which measure the properties specified,
and will be required for every 1,000 tons of granular material.
Part 3- EXECUTION
3.1 EXAMINATION
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A. Examine excavation and embankment work for accuracy and adequacy of construction
prior to starting subgrade construction. '
3.2 SUBGRADE CONSTRUCTION
A. Prepare subgrade in such a manner as to ensure that the base, surface course, sidewalk or
pavement will.be placed on a firm foundation that is stable and reasonably free from dust
pockets, wheel ruts, or other defects.
B. Scarify subgrade area to such depth as is necessary for shaping. Shape and compact to
the required grade and section.
C. Compact the top 8 inches of subgrade to a density of not less than 95 percent of maximum
density at optimum moisture content obtained by AASHTO T 99, Method A with
correction for particles retained on the #4 sieve at 10 percent maximum; AASHTO T 99,
Method C using Note 7 with 11-30 percent retained on the #4 sieve; or AASHTO T 180,
Method D using Note 8 with 31 percent minimum retained on the #4 sieve. Correction
for coarse particles shall be determined according to AASHTO T 224. The moisture
content shall be determined by AASHTO T 239 or AHTD Test Method 347 of 348.
D. Accomplish compaction by any satisfactory methods that will obtain the required density.
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E. Adjust moisture content by the addition of water or by manipulation and aeration as
necessary under conditions encountered.
F. Compaction operations may be omitted when an old stone or gravel roadbed is used as
a foundation or subgrade for a base course or pavement where scarifying for shaping is
unnecessary and its stability is approved by Engineer.
G. Remove soft and yielding materials and other portions of the subgrade that will not
compact readily when rolled or tamped. Fill holes or depressions made by this removal
with approved material. Bring the entire subgrade to the lines, grade, and cross sections
indicated on the Drawings. Compact to specified density.
H. If the succeeding course is not placed immediately after subgrade has been prepared and
subgrade becomes cut up, rough, or unstable, re -shape and recompact subgrade as
previously specified.
I. Proof roll subgrade prepared for road, curb and gutter, and sidewalks, prior to placement
of base course or concrete. Proof rolling vehicle shall be either a roller or loaded truck
or scrapers, of sufficient weight to identify soft and yielding portions of compacted
surface. Proof rolling pattern shall be approved by Engineer.
3.3 AGGREGATE BASE COURSE CONSTRUCTION
A. Place base course material on completed and approved subgrade or existing base that has
been bladed to substantially conform to the grade and cross sections indicated on the
Drawings.
B. Subgrade shall be free from excess or deficiency of moisture at the time of placing base
course material. There shall be no standing water on subgrade. Do not place base course
material on frozen subgrade.
C. Place aggregate on subgrade or other base course material and spread uniformly to such
depth and lines that when compacted it will have the thickness, width, and cross section
indicated on the Drawings. If specified compacted depth of base course exceeds 7 inches,
construct base in two or more layers of approximately equal thickness.
ID. Thoroughly mix each base course layer for the full depth of the course and compact by
any satisfactory method that will produce specified density. Maintain aggregate
substantially at optimum moisture content during mixing, spreading, and compacting
' operations. Add water or aerate to dry as necessary. Maintain specific grade and cross
section by blading throughout compaction operation.
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05/27/99
E. Compact material in each layer to a density of not less than 98 percent of maximum
density unless noted otherwise on the Drawings at optimum moisture content in
accordance with AASHTO T 180, Method D. Compact aggregate across full width of
application.
F. Spread base course material the same day that it is hauled. Perform spreading in such a
manner that no segregation of coarse and fine particles nor nests or hard areas caused by
dumping aggregate on subgrade will exist. Take care to prevent mixing of subgrade with
base course material in blading and spreading.
G. When base course is placed adjacent to an existing or newly constructed asphalt surface
course do not dump or mix aggregate on the pavement surface. Use mechanical spreading
equipment, if necessary, to place base course on subgrade.
H. If sufficient working space is not available to allow proper aeration or addition of water
to base course material, mix the base course material by any satisfactory method prior to
placement.
I. Maintain base course in a satisfactory condition until accepted.
3.4 FIELD QUALITY CONTROL
A. Owner will employ a testing laboratory to test the density of the base course in place and
for thickness, at intervals determined by Engineer. Density testing will be by AASHTO
T 191 or T 238. Correct any deficiencies by scarifying, placing additional material,
mixing, reshaping and recompacting as necessary to obtain the specified density and the
required lines, grades, and cross sections.
END OF SECTION
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Section 02261
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SITE RESTORATION
Part 1- GENERAL
1.1 SCOPE
A. This section includes restoration of areas disturbed by this project. "Disturbed by this
project" is defined as the excavation area plus any area in project vicinity disturbed by
Contractor's operations, including operations of Subcontractors and suppliers, and utility
owner operations necessary to complete this project.
B. Work areas shall be kept clean and neat as practicable. Lawns, gardens, and vehicle and
pedestrian crossings shall have excess quantities of supplies, excavated material, man
made debris, and organic matter removed from the area immediately following
construction.
C. All property improvements shall be restored in kind or as nearly as practicable as
determined by Engineer.
1.2 RELATED WORK
Trenching, Backfilling and Compacting is specified in Section 02220.
- 1.3 QUALITY ASSURANCE
Adequate equipment and qualified personnel shall be applied to this phase of the work from the
very beginning of the project.
Part 2- PRODUCTS
A. Topsoil shall be placed on disturbed areas equal to the better material on each side of the
disturbed area.
B. Fertilizer shall be 10-20-10 (nitrogen -phosphorous -potash) delivered to the site in labeled
containers conforming to Arkansas fertilizer laws and bearing the name and warranty of
the producer.
C. Seed
1. Seed mixture per Class of Restoration
a. Class 1 Restoration seed mixture shall be 40 percent Lawn Fescue, 30
percent Rye Grass (annual), and 30 percent Blue Grass.
' City of Fayetteville Page 02261-1
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1
have been disturbed, such as that caused by equipment tracks, shall be carefully
backfilled and repaired as though it were a part of the actual trench excavation.
4. After raked area is accepted by, Engineer for seeding,
a. apply 250 pounds of fertilizer per acre.
b. apply 0.15 pounds of seed per 100 square feet.
c. apply 4,000 pounds of mulch per acre.
4. Mulching and seeding methods shall be as specified in Section 3.1.A.
5. Where existing field grass adjacent to disturbed areas contains grasses such as '
Bermuda, etc. grasses not included in the prescribed seed mixture, Contractor
shall place such topsoil as required and seed with the existing type grass so that
an equivalent ground cover will be provided.
C. Class 3 Restoration - Areas of construction that are heavily brushed or wooded, steep
rocky slopes, or other areas where it is not practical for the area to be cultivated.
1. Tree and shrub treatment shall be as specified in Section 3.1.A.2. '
2. Site raking shall be as specified in Section 3.1.B.2.
3. Seeding shall be as specified in Section 3.1.B.3.
4. Mulching and seeding methods shall be as specified in Section 3.1.A. '
3.2 RESTORATION WHERE GROUND SURFACE IS GRAVELED FOR VEHICLE USE OR
PAVED FOR PEDESTRIAN USE ONLY.
A. Restoration shall be per cross sections on the Detail Sheet in the plans. ,
3.3 RESTORATION OF SLOPES
Terrace slopes where, in the opinion of Engineer, erosion problems may arise after construction.
3.4 RESTORATION BY SODDING
A. Area to be sodded ,
1. Place 3 inches of topsoil before installing sod.
2. Apply 250 pounds of fertilizer per acre and work into top 1 inch of topsoil. '
Make surface of top soil moist and firm (not compacted) at the time sod is placed.
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B. Sod
' 1. Moisten sod before placing.
' 2. Lay by hand along contour lines beginning at lowest elevation.
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3. Stagger transverse joints.
4. Make tight joints between sod pieces.
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5. Cut sod into existing surface and backfill with topsoil to provide a smooth
transition from sodded areas to non -sodded areas.
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6. Apply thin layer of topsoil over sod and overseed with 45 pounds of annual rye
grass per acre.
C. Maintenance of Sod
1. Water overseeded areas as directed by Engineer.
2. Apply water to sod for 3 weeks as directed by Engineer.
3.5 RESTORATION WHERE GROUND SURFACE IS HARD SURFACED FOR VEHICLE OR
PEDESTRIAN USE.
A. Pavement: Restore damaged pavement sections to existing joints or a sawed joint.
B. Asphalt Surfaces
1. Asphaltic Pavement Repair. After the trench has been backfilled and compacted,
as specified elsewhere in these Specifications or backfilled with flowable fill,
permanent repair shall be made as follows. The existing pavement shall be saw -
cut and removed to a point 18 inches beyond the trench edge, or as directed by the
Engineer, and brought to grade a minimum of 11 inches below the surface of the
existing pavement. This area shall then be resurfaced by applying 9 inches of
concrete with 6"x 6"/6-6 W.W.M. and then applying asphaltic tack coat at the rate
of 0.03-0.10 gallons/square yard, followed by a minimum of 2 inches of hot -
mixed, hot -laid asphaltic concrete laid to an elevation matching the existing
finished grade. The hot -mixed, hot -laid asphaltic concrete shall be compacted to
92 percent of theoretical density.
2. One nuclear density test per asphaltic patch or repair shall be performed.
3. Any unacceptable patch or repair shall be recompacted and retested without
additional expense to Owner.
City of Fayetteville
Page 02261-5
05/27/99
C. CONCRETE
1. Concrete is specified in Section 03316.
2. Flowable fill is specified in Section 03316.
D. STONE BASE
Crushed stone base shall be AHTD Class 7 compacted in 8 inch lifts to 95 percent
modified proctor density.
E. TRAFFIC MAINTENANCE
Carry on the work in a manner which will cause the least interruption to traffic.
If allowed by Owner, close to through travel not more than two consecutive
blocks, including the cross street intersected. Where traffic must cross open
trenches, provide suitable bridges at street intersections and driveways.
2. When allowed to temporarily close street from Owner, post suitable signs
indicating that a street is temporarily closed and necessary detour signs for a
proper maintenance of traffic. Receive permission from the proper authority to
temporarily close the street and notify all emergency agencies of the temporary
closing.
3. Provide
adequate
personnel
to direct traffic when working in the street right-of-
way.
4. Traffic control devices and methods shall be in strict accordance with the latest
issue of the Manual of Uniform Traffic Control Devices.
5. Provide three days written notice to the Mayor's office, the Fire Department, and
the Police Department prior to closing or partially closing any street. Closing of
State Highway requires approval of the City and the Highway Department.
END OF SECTION
City of Fayetteville Page 02261-6 '
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SECTION 02270
SLOPE PROTECTION AND EROSION CONTROL
Part 1- GENERAL
1.1 SECTION INCLUDES
A. Temporary erosion control systems.
B. Slope Protection Systems.
1.2 RELATED SECTIONS
A.
Section
02100 -
Site Preparation
B.
Section
02220 -
Excavation and Compaction
C. Section 02900 - Landscaping
1.3 ENVIRONMENTAL REQUIREMENTS
A. Protect adjacent properties and water resources from erosion and sediment damage
throughout from the beginning of the work until final acceptance.
Part 2- PRODUCTS
2.1 MATERIALS
A. Quick germinating and growing grasses such as wheat, rye, oats, barley, brown top millet,
or sudan grass, meeting the requirements of the Arkansas State Plant Board.
B. Fertilizer is specified in Section 02900.
C. Straw bales shall consist of bales of rice, oats, barley, wheat, or rye straw, or of available
grasses, free of an excessive amount of noxious weeds. Bales shall each weigh
approximately 35 pounds. Straw in an advanced state of decomposition will not be
acceptable.
D. Fencing for siltation control shall be filter fabric supported by posts and woven wire. The
Drawings denote two types of silt fence with this type of application. They are Silt Fence
City of Fayetteville 02270-I
05/27/99
(E-3) and Buried Edge Silt Fence (E-4) using Type 4 fabric. Fencing for siltation Silt
Fence on R/W Fence (E-5) shall have Type 3 fabric with fasteners similar to the E-3 and
E-4 fence.
Type 3 Filter fabric shall be a permeable woven fabric that has high strength, high
dimensional stability even when wet, good soil filtration characteristics, and high
resistance to tear propagation in all direction meeting or exceeding the characteristics
of Type 3. This fabric shall be listed on the AHTD qualified products list.
Type 4 Filter fabric shall be a permeable woven fabric that has high strength, high
dimensional stability even when wet, good soil filtration characteristics, and high
resistance to tear propagation in all directions with the following characteristics:
Property Test Method Min Avg Roll Values
Grab Tensile Strength
ASTM
D
4632
120 x 100 lbs.
Grab Elongation
ASTM
D
4632
10%
Mullen Burst Strength
ASTM
D
3786
300 psi
Puncture Strength
ASTM
D
4833
60 lbs.
Trapezoidal Tear Strength
ASTM
D
4533
60 lbs.
Apparent Opening Size
ASTM
D
4651
20
Permittivity
ASTM
D
4491
0.2 sec -1
Flow Rate
ASTM
D
4491
20.0 gpm/sq ft
UV Resistance
ASTM
D
4355
70% Strength Retained
The fabric shall be approved by the Engineer. He or she may allow fabric that has
some similar but not the exact same characteristics as the above. Any Type 3 fabric
shall be on the AHTD qualified products list.
Temporary wire fence shall be commercial woven wire with sufficient strength to
provide the service intended. This wire shall be 32" wide galvanized commercial
woven wire having 8 line wires. Top and bottom wires shall be 0.135 in size with an
average breaking strength of 75,000 psi and the middle wires shall be 0.099 in size with
an average breaking strength of 74,000 psi. The wire shall be accordance with ASTM
A 116-88 for Commercial Woven Wire. The fence shall be approved by the Engineer.
Posts for temporary wire fence shall be steel material of sufficient
strength to support the wire fence and fabric when loaded with silt for the time the
barrier is needed for service. They shall be a minimum of 5 feet long with a minimum
wight of 1.33 lb per foot with the steel fence posts produced in accordance with ASTM
City of Fayetteville 02270-2 1
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A 702-89. Posts shall be approved by the Engineer.
' Type of fastener and manner of attaching wire fencing to posts and fabric to wire fence
' shall be approved by Engineer.
E. Silt fence used for Drop Inlet Silt Fence (E-6) shall be a orange Type 3 meeting
' the specifications of a Belton Industries Style 810, or approved equal.
F. Erosion control matting, if required, shall be Curlex blankets by American Excelsior
Company or approved equal. Slopes in excess of 3:1 shall have erosion matting.
G Bale stakes for each bale shall be a minimum of 4 feet in length and shall be either two
' #4 rebars, two steel pickets or two 2x2 inch hardwood stakes driven 1'-6" to 2'-0" into
ground.
' H Temporary mulches such as loose hay, straw, netting, wood cellulose or agricultural
silage.
' J Fence stakes shall be metal stakes a minimum of 5 feet in length.
' PART 3- EXECUTION
3.1 GENERAL
A. Obtain an NPDES permit for the construction site from ADEQ. Prepare a Storm Water
' Pollution Prevention Plan, complete with a description of best management practices to
be followed, and submit to Engineer.
' B. The Drawings may indicate approximate locations for erosion control devices such as
straw bales and erosion control fencing. If so indicated, these should be considered
minimum requirements at approximate locations. Provide erosion control measures
' required to control erosion and siltation based on site conditions encountered and the
nature of the construction. The erosion control plan and implementation shall be the
responsibility of the Contractor.
3.2 PREPARATION
' A. Review site erosion control plans.
' B. Deficiencies or changes in the erosion control plan as it is applied to current conditions
will be brought to the attention Engineer for remedial action.
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3.3 EROSION CONTROL AND SLOPE PROTECTION IMPLEMENTATION
A. Place erosion control systems at all locations necessary to control work area from erosion
during construction.
B. Owner may limit the surface area of erodible earth material exposed by clearing and
grubbing, excavation, borrow and embankment operations and direct that permanent or
temporary pollution control measures be provided immediately. Incorporate all
permanent erosion control features into the project at the earliest practical time to
minimize the need for temporary controls. Permanently seed and mulch cut slopes as the
excavation proceeds to the extent considered desirable and practical.
C. Temporary erosion control systems shall be maintained to control siltation at all times
during construction operations. Failure to maintain erosion control systems in satisfactory
condition may result in a deduction from pay requests.
D. Respond to any maintenance or additional work ordered by Owner within a 48 hour
period.
E. Any additional material and work required and authorized by Owner which is beyond the
extent of the adopted erosion control plan and is not covered by unit prices shall be
considered a modification to the Contract Documents.
F. Slopes that erode easily shall be temporary seeded as the work progresses with a wheat,
rye or oats application.
G. E-3 and E-4 Silt Fence shall have fence posts placed at six foot centers with a minimum
embedment of two feet. The woven wire support shall be attached to the upstream side
of the fence posts using manufacturer recommended clips with a minimum of three clips
per post, evenly spaced. Attach the synthetic filter fabric to the upstream face of the
wire support backing using manufacturer recommended pig rings placed on two foot
centers in three evenly spaced horizontal rows. The bottom twelve inches of the
Synthetic Filter Fabric shall be embedded in a six by six inch trench at the toe of the
fence.
END OF SECTION
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Section 02580
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PAVEMENT MARKINGS
Part 1- GENERAL
1.1 SECTION INCLUDES
A. Furnish and install reflectorized paint pavement markings, including words, arrows, and
emblems, of the color and type specified, in accordance with the Specifications and at the
locations indicated on the Drawings.
1.2 RELATED SECTIONS
A. Asphaltic concrete hot mix pavement is specified in section 02500.
B. Signage is specified in section 02840.
1.3 REFERENCES
A. Arkansas Highway and Transportation Department (AHTD)
1.
Test
Method
409.2
2.
Test
Method
701
3.
Test
Method
702
4.
Test
Method
718
B. Federal Highway Administration (FHWA)
1. Manual on Uniform Traffic Control Devices (MUTCD).
C. American
Association
of State Highway and
Transportation Officials (AASHTO)
1. M
247, "Glass
Beads used in Traffic
Paint".
D. American
Society for Testing and
Materials
(ASTM)
1. D
711, "No -Pick -Up Time
of Traffic
Paint".
1.4 SUBMITTALS
A. Submit product information of paint and glass beads to be used.
1.5 QUALITY ASSURANCE
A. Pavement marking shall be accomplished by workers who are experienced in placing
reflectorized paint pavement markings conforming to the MUTCD.
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1.6 DELIVERY, STORAGE, AND HANDLING
A. Paint shall be stored according to manufacturer's recommendation.
Part 2- PRODUCTS
2.1 MATERIALS '
A. Paint shall be a ready mixed alkyd resin, chlorinated polyolefin, chlorinated paraffin
based white and yellow paint suitable for application on concrete and bituminous
pavements.
B. Paint shall have the property of angular reflectivity and be suitable as a binding medium 1
for glass beads placed on the surface of the wet paint in the amount of not less than 6
pounds per gallon. Paint shall be homogeneous and well ground, shall not settle badly,
and shall be readily broken up with a paddle to a smooth, uniform consistency. Paint shall
be free from water or foreign matter and shall dry within the specified time to a tough
serviceable film. Paint shall be properly strained during the final filling of containers and
not more than 1 percent of coarse particles and skins shall be retained on a #325 sieve
when tested according to AHTD Method 409.2 or Federal Test Method Standard No. 141
B.
C. Materials used in manufacture of paints shall meet the requirements herein specified.
Minor ingredients not specifically covered will be left to the discretion of the
manufacturer except that the finished product shall not be adversely affected. Suitability
of raw materials from different sources for use in paints shall be the responsibility of the
manufacturer.
D. Reactive or unstable products causing excessive viscosity or container instability will be
cause for rejection of the paint.
E. Paint shall conform, on a weight basis, to the composition requirements of the
formulation as closely as accepted good paint practice will permit. No intentional
variation will be permitted except for replacement of volatiles lost in processing.
Recognized test procedures will be used by Owner to determine the composition of the
finished paint.
F. Paint components shall conform with AHTD Section 718, paragraph 718.02(a).
G. Finished Paint Requirements.
1. Chlorinated polyolefin paint shall dry to no -pick-up in not more than 10 minutes
without glass beads when tested in accordance with ASTM D 711 except that the
film will be applied at a wet film thickness of 15 mils. When applied under field
C]
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conditions with normal hot spray application with drop -on beads the paint shall
dry to a no -tracking condition in not more than 3 minutes.
2. Daylight directional reflectance of the white paint, without glass spheres, shall be
not less than 80 percent, and that of the yellow paint without glass spheres shall
not be less than 48 percent, when tested in accordance with ASTM E 97. In
addition the yellow paint shall visually match Federal Standard 595-A Color
Number 33538. Yellow paint shall comply with the following limits.
sV+ sC+ sH+
zH-
Visual comparison shall be made with standard yellow Federal Color Tolerance
chart for highway signs and markings obtainable from the Federal Highway
Administration.
3. Paint shall have a minimum contrast ratio of 0.97 when applied at a wet film
thickness of 15 mils to a color matching panel and tested in accordance with
AHTD Test Method 701.
4. Paint shall have a minimum bleeding ratio of 0.94 when tested in accordance with
Federal Specification TT -P -85e, except the asphalt saturated felt shall be Standard
15 pound roofing felt. Paint shall not check or crack on asphalt saturated felt
indicating suitability for use on fresh asphalt overlays. Any checking or cracking
on the felt or on fresh asphalt cores will be cause for rejection.
5. Paint shall adhere firmly and shall not show any evidence of cracking or flaking
when a 15 mil wet thickness is tested in accordance with AHTD Test Method 701.
6. Paint shall show no adhesion loss or blistering when a 15 mil wet film thickness
is tested in accordance with AHTD Test Method 701.
7. No skinning shall be present on the surface when the paint is allowed to stand in
a partly filled closed container for 48 hours. After 48 hours, paint shall be free of
lumps and skins when strained through a #100 sieve.
8. Finished paint shall have a Krebs Stormer viscosity of between 70 and 85 K.U.
when measured at 77 degrees F.
9. White and yellow paint shall show a Hegeman grind of 4 minimum.
10. White and yellow paint shall have a weight per gallon within ± 0.60 pounds of the
theoretical weight per gallon indicated by formulation.
11. When tested in accordance with appropriate methods in Federal Test Method
Standard No. 141, the paints shall show a total solids content, pigment content,
and vehicle solids content within reasonable proximity of those properties
indicated by the formulations.
12. Pigments and vehicles extracted from paints shall be subjected to testing by
appropriate methods under AHTD Test Method 701 or other available means as
may be deemed necessary by Engineer to assure compliance with these
formulations.
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Pounds per 100 gallons White el w•
Titanium Dioxide, anatase or rutile 105 --
Medium Chrome yellow -- 105
Calcium carbonate 250 260
Magnesium silicate 250 270
Zinc oxide, lead free 20 20
Bentone 38 or equal 6 6
Alkyd resin, 60 percent solution 145 145
Chlorinated polyolefin, CP 173 90 90
Chlorinated paraffin 35 35
Soya lecithin 8 8
DER 331 or equal 3 3
36 % lead naphthenate 2 2
12 % cobalt naphthenate 1 1
Anti -skinning agent 3 3
Methyl alcohol 2 2
Methyl ethyl ketone 285 285
TOTAL 1205 1235
H. Glass beads for use on traffic line paint shall, except for gradation, meet the requirements
of AASHTO M 247.
1. Glass beads shall be moisture resistant, clear, colorless, and clean, and of such
character as to permit their embedment in a pigmented binder having their upper
surface exposed to permit the refracting of light rays.
2. Not more than 30 percent of glass spheres shall be irregular or fused spheroids per
screen size, and at least 70 percent of the spheres on each screen shall be true
spheres when tested in accordance with AHTD Test Method 702.
3. When tested by liquid immersion method at 25 degrees C, spheres shall show an
index of refraction within the range of 1.50 to 1.60.
4. Spheres shall conform to the following gradation when tested in accordance with
AHTD Test Method 702.
Sieve Percent Passing
40 90-100
80 0-10
5. Acid resistance test shall be performed in accordance with AHTD Test Method
702.
6. Sodium sulphide test shall be performed in accordance with AHTD Test Method
702.
7. Free flowing and moisture resistant properties test shall be performed in
accordance with AHTD Test Method 702. Beads shall not be specially treated to
enhance flotation.
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A. Manufacturer shall maintain a regular quality control program that ensures that the
specified requirements for paint are met. The written quality control program, as well as
documentation concerning its continuing implementation, should be available to the for
review by Engineer and Owner.
Part 3- EXECUTION
3.1 EXAMINATION
A. Examine pavement to be marked. Verify that paving work is complete, requiring only
cleaning and preparation for painting.
3.2 PREPARATION
A. . Clean surface before paint application using any appropriate means.
3.3 APPLICATION
A.
B.
C.
D.
E.
Spot line locations if necessary.
Apply paint in the locations and of the line types and colors indicated on the Drawings
and as per the "Manual on Traffic Control Devices".
Apply reflectorized paint to clean, dry, dirt -free surfaces. Apply paint at a minimum wet
film thickness of 15 mils, at a rate of not less than 16.5 gallons per mile of 4 inch line.
Place glass beads on the surface of the wet paint in the amount of not less than 6 pounds
of beads per gallon of paint.
Lines shall be even width and thickness. Ends of lines shall be sharp, with no splatter or
unevenness.
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' Section 02900
LANDSCAPING
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PART 1- GENERAL
1.1 SECTION INCLUDES
A. Furnish and install all materials and perform all landscaping work in accordance with the
Specifications, Drawings, and any instructions provided. All work completed and
materials furnished and installed shall be of the best quality and shall be in strict
accordance with the intention of the Drawings, Specifications and samples.
B. In addition to other standard provisions, also provide the following.
1. Maintenance necessary during Establishment Period.
2. Replacement in kind, or with a substitute acceptable to Engineer, of all plant
materials not in a healthy growing condition or that has died back to the crown or
beyond normal pruning limits.
3. Repair or replace any damage caused by construction; dispose of all rubbish and
excess soil.
1.2 RELATED SECTIONS
A.
Section
02100 -
Site Preparation
B.
Section
02161 -
Excavation Safety
C.
Section
02220 -
Excavation and Embankment
1.3 REFERENCES
A. American Association of Nurserymen, Inc.: American Standard for Nursery Stock
1.4 SUBMITTALS
A. If requested, provide samples of landscaping materials to Engineer for approval.
B. Submit certification tags from trees, shrubs and seed verifying type and purity.
1.5 QUALITY ASSURANCE
A. Plants shall be measured when branches are in their normal position.
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B. Shrubs shall meet the requirements for spread, height or container size indicated in the '
Plant List on the Drawings. The measurements are to be taken from the ground level to
the average height of the shrub and not to the longest branch. Height and spread
dimensions specified refer to the main body of the trees (measured from the crown of the
roots to the tip of the top branch) shall be not less than 24 inches or as required by city
ordinance. . 1
C. Caliper measurements shall be taken at a point on the trunk 6 inches above natural ground
line for trees up to 4 inches in caliper, and at a point 12 inches above the natural ground I
line for trees exceeding 4 inches in caliper.
D. If a range of size is given, no plant shall be less than the minimum size, and not less than
50 percent of the plants shall be as large as the upper half of the range specified.
E. Measurements specified are the minimum size acceptable and, where pruning is required, '
are the measurements after pruning.
1.6 DELIVERY, STORAGE, AND HANDLING 1
A. Notify Engineer at least 48 hours in advance of the anticipated delivery date of any plant
materials. Furnish a legible copy of the invoice, showing kinds and sizes of materials
included for each shipment, to Engineer.
B. Plants transported to the project in open vehicles shall be covered with tarpaulins or other
suitable covers securely fastened to the body of the vehicle to prevent injury to the plants.
Closed vehicles shall be adequately ventilated to prevent overheating of the plants.
1.7 GUARANTEE
A. The condition of all new plant materials is the responsibility of Contractor and shall be
approved by Engineer.
B. Until final approval, replace plant materials if necessary at no additional expense of
Owner.
1.8 MAINTENANCE OPERATIONS BEFORE APPROVAL
A. Plant care shall begin immediately after each plant is satisfactorily installed and shall i
continue throughout the life of the contract until final acceptance of the project.
B. Care shall include, but not be limited to, replacing mulch that has been displaced by I
erosion or other means, repairing and reshaping water rings or saucers, maintaining stakes
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and guys as originally installed, watering when needed or directed, and performing any
other work required to keep the plants in a healthy condition.
C. Remove and replace dead, defective and/or rejected plants as required before final
acceptance.
D. Restore grassed areas damaged during the process of the work to a condition satisfactory
to Engineer. This may include filling to grade, fertilizing, seeding and mulching.
PART 2- PLANTING MATERIALS
2.1 PLANTS
A. The types and sizes of plants to be furnished are indicated in the Planting List on the
Drawings.
B. Plant shall conform with requirements of the American Standard for Nursery Stock
adopted by the American Association of Nurserymen, Inc., and with the following
additional requirements.
C. Unless specifically noted otherwise, plants shall be of selected specimen quality,
exceptionally heavy, symmetrical, tightly knit, so trained or favored in development and
appearance as to be superior in form, number of branches, compactness and symmetry.
Plants shall have a normal habit or sound, healthy, vigorous plants with well developed
root system.
D. Plants shall be free of disease, insect pests, eggs or larvae.
E. Plants shall not be pruned before delivery.
F. Trees with abrasion of the bark, sun scalds, disfiguring knots or fresh cuts of limbs over
1-1/4 inches which have not completely calloused shall be rejected.
G. Plants shall be typical of their species or variety and shall have a normal habit of growth
and be legibly tagged with the proper name. Plants shall have been grown under climatic
conditions similar to those in the locality of the site of the project under construction or
have been acclimated to such condition for at least 2 years.
H. The root system of each shall be well provided with fibrous roots. All parts shall be
sound, healthy, vigorous, well -branched and densely foliated when in leaf
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I. Plants designated ball and burlap (B&B) must be moved with the root systems as solid ,
units with balls of earth firmly wrapped with burlap. The diameter and depth of the balls
of earth must be sufficient to encompass the fibrous root feeding systems necessary for
the healthy development of the plant. No plant shall be accepted when the ball of earth
surrounding its roots has been badly cracked or broken preparatory to or during the
process of planting. The balls shall remain intact during all operations. Plants that cannot
be planted at once must be heeled -in by setting in the ground and covering the balls with
soil or mulch and then watering. Hemp burlap and twine is preferable to treated. If
treated burlap is used, all twine is to be cut from around trunk and all burlap is to be
removed.
J. The trunk of each tree shall be a single trunk growing from a single unniutilated crown
of roots. No part of the trunk shall be conspicuously crooked as compared with normal
trees of the same variety.
K. Thickness of each shrub shall correspond to the trade classification "No.1". Single
stemmed of thin plants will not be accepted. The side branches must be generous,
well -twigged, and the plant as a whole well -branched to the ground. The plants must be
in moist condition, free from dead wood, bruises or other root or branch injuries.
2.2 LOAM OR TOPSOIL I
A. Place topsoil in areas indicated on the drawings or as specified herein.
B. Exterior ground within the limits of construction, except surfaces occupied by buildings
and structures, paving, and except areas indicated to be undisturbed, shall be topsoiled. ,
C. Place no topsoil until subgrade has been approved. Before placing topsoil, rake subsoil
surface clear of stones, debris, and roots. Compact topsoil to form a layer with minimum
depth of 4 inches in lawn areas and 12 inches in shrub beds. Topsoil shall be placed so
that after final settlement there will be good drainage and conforming to elevations
indicated on the Drawings. Maintain surfaces and place any additional topsoil necessary '
to replace that eroded before acceptance.
D. Disk, drag, harrow or hand rake subgrade to a depth of 3 inches to provide bond for i
topsoil. Topsoil which must be transported across finished walks shall be delivered in
such a manner that no damage will be done to the walks. Repair of such damage.
E. Topsoil: natural, friable, fertile, fine loamy soil possessing the characteristics of
representative topsoils in the vicinity which produces a heavy growth; free from subsoil,
objectionable weeds, litter, sods, stiff clay, stones larger than 1 inch in diameter, stumps,
roots, trash, toxic substances, or any other material which may be harmful to plant growth
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' or hinder planting operations. Verify amount stockpiled and supply any additional as
needed.
' 2.3 FERTILIZER
A. Fertilizer shall be delivered to the site, mixed as specified, in the original unopened
standard size bags showing weight, analysis and name of manufacturer. Containers shall
bear the manufacturer's guaranteed statement of analysis or a manufacturer's certificate
I. of compliance covering analysis shall be furnished to Engineer. Store fertilizer in a
weatherproof place and in such a manner that it shall be kept dry and its effectiveness
shall not be impaired.
B. Percentages of nitrogen, phosphorus and potash shall be based on laboratory test
recommendations as approved by Engineer. For the purpose of bidding, assume 10
percent nitrogen, 6 percent phosphorus and 4 percent potash by weight. At least 50
percent of the total nitrogen shall contain no less than 3 percent water -insoluble nitrogen.
' At least 60 percent of the nitrogen content shall be derived from super -phosphate
containing not less than 18 percent phosphoric acid or bone meal containing 25 to 30
percent phosphoric acid and 2 to 3 percent nitrogen. Potash shall be derived from muriate
of potash containing 55 to 60 percent potash.
2.4 SHREDDED HARDWOOD BARK MULCH
' Shredded hardwood bark mulch or approved equal shall be used as a 4 inch top dressing in
plant beds and around trees planted in this project. Single trees or shrubs shall be mulched to
the outside edge of the saucer. Mulch shall be of sufficient character as not to be easily
displaced by wind or water runoff.
2.5 STAKING MATERIAL
A. Stakes shall be 2" x 3" x 8' pressure treated wood. Three stakes per tree.
' B. Wire tree staking shall be pliable No. 12 galvanized soft steel wire.
' C. Hose shall be two-ply fiber -bearing rubber garden hose, not less than Y2 inch inside
diameter, black or green, and of suitable length.
' 2.6 WATER
' Water shall be free of any substances that might be harmful to plants. It is not necessary to use
potable water; however, if non -potable water is used, take precautions to avoid human
consumption.
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2.7 LAWN SEED
Lawn seed mixture shall be fresh, clean new crop seed. Furnish to Engineer the supplier's
guaranteed statement of the composition of the mixture and the percentage of purity and
germination of each variety. Seed mixture shall be as indicated on the Drawings.
2.8 WEED MAT
Weed mat shall be "Dewitt Weed Barrier" or equal. Weed mat shall be placed under all
planting areas not to be seeded, or as indicated on the Drawings. The mat shall be covered
with mulch and secured in place by soil anchors.
2.9 EROSION CONTROL BLANKET/FABRIC NETTING
A. Furnish and install where indicated on drawings "Curlex" blankets: by American
Excelsior Company; "Polyjute" Style 465 UT: by Synthetic Industries or equal.
B. The area to be covered shall be properly prepared, fertilized, and seeded before blanket
is applied. When blanket is unrolled, the netting shall be on top and the fibers in contact
with the soil over the entire area. In ditches the blanket shall be applied in the direction
of the flow of water, butted snugly at ends and side and stapled. On slopes, the blankets
shall be applied either horizontally or vertically to the slope. Ends and sides shall be
butted snugly and stapled. Staple to manufacturer's recommendations.
2.10 MISCELLANEOUS LANDSCAPING PRODUCTS
A. Provide other landscaping products referred to on the Drawings. Such products shall be
new and of good quality for the purpose intended.
PART 3 - PLANTING PROCEDURES
3.1 WEATHER CONDITIONS
Work must be carried out only during weather conditions favorable to landscape construction
and to the health and welfare of plants.
3.2 PROTECTION OF EXISTING PLANTS
A. Before commencing work, trees and shrubs which are to be saved must be protected from
damage by the placement of fencing flagged for visibility or some other suitable
protective procedure approved by Engineer. No work may begin until this requirement is
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fulfilled.
B. In order to avoid damage to roots, bark or lower branches, no truck or other equipment
shall be driven or parked within the drip line of any tree, unless the tree overspreads a
paved way.
C. Use precautionary measures when performing work around trees, walks, pavements,
utilities.
D. Adjust depth of earthwork
and loaming when working
immediately adjacent to
any of the
aforementioned features in
order to prevent disturbing
tree roots, undermining
walks and
pavements, and damage in general to any existing or newly incorporated item.
E. Evidence of inadequate protection following digging, carelessness while in transit, or
improper handling or storage shall be cause for rejection. All plants shall be kept moist,
fresh, and protected. Such protection shall encompass the entire period during which the
plants are in transit, being handled, or are in temporary storage.
F. Where excavating, fill, or grading is required within the branch spread of trees that are to
remain, the work shall be performed as follows.
1. Trenching: When trenching occurs around trees to remain, the tree roots shall not be
cut but the trench shall be tunneled under or around the roots by careful hand digging
and without injury to the roots.
2. Raising Grades: When the existing grade at tree is below the new finished grade, and
fill not exceeding 16 inches is required, clean, washed gravel graded from 1 to 2
inches in size shall be placed directly around the tree trunk. The gravel shall extend
out from trunk on all sides a minimum of 18 inches and finish approximately 2
inches above the finished grade at tree. Install gravel before any earth fill is placed.
New earth fill shall not be left in contact with the trunks of any trees requiring fill.
Where fill exceeding 16 inches is required, a dry laid tree well shall be constructed
around the trunk of the tree. The tree well shall extend out from the trunk on all sides
a minimum of 3 feet and to 3 inches above finish grade. Coarse grade rock shall be
placed directly around the tree well extending out to the drip line of the tree. Clean,
washed graved graded from I to 2 inches in size shall be placed directly over the
coarse rock to a depth of 3 inches. Approved backfill material shall be placed
directly over the washed gravel to desired finished grade.
3. Lowering Grades: Existing trees in areas where the new finished grade is to be
lowered shall have regrading work done by hand to elevation as indicated. Roots as
required shall be cut cleanly 3 inches below finished grade and scars covered with
tree paint.
4. Trees marked for preservation that are located more than 6 inches above proposed
grades shall stand on broad rounded mounds and be graded smoothly into the lower
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level. Trees located more than 16 inches above proposed grades shall have a dry laid '
stone wall, or other retaining structure as detailed on the plans, constructed a
minimum of 5 feet from the trunk. Exposed or broken roots shall be cut clean and
covered with topsoil.
3.3 PLANTING COORDINATION ,
A. Inform Engineer of the date when the planting shall commence and of the anticipated
delivery date of the material. ,
B. Failure to notify Engineer in advance of order to arrange proper scheduling may result in
loss of time or rejection of a plant or plants not installed as specified or directed.
3.4 DIGGING AND HANDLING ,
A. Bare rooted shrubs shall be dug with adequate fibrous roots. Roots of these plants shall
be covered with a uniformly thick coating of mud by being puddled immediately after
they are dug, or packed in moist straw, or moss.
B. Balled and burlapped plants shall be dug with firm natural balls of earth of sufficient
diameter and depth to include most of the fibrous roots.
C. Roots or balls of all plants shall be adequately protected at all times from the sun and from ,
drying winds.
D. All balled and burlapped plants which cannot be planted immediately upon delivery shall '
be set on the ground and shall be well protected with soil, wet moss or other acceptable
material. Bare rooted plants which cannot be planted immediately shall be heeled -in upon
delivery. All shall be kept moist.
E. Bundles of plants shall be opened and the plants separated before the roots are covered.
Care shall be taken to prevent air pockets among the roots. During planting operations,
bare roots shall be covered with canvas, hay or other suitable material. No plant shall be
bound with wire or rope at any time so as to damage the bark or break the branches.
3.5 FERTILIZING
A. Grass or sodded areas shall have fertilizer applied in two applications with a thorough
watering immediately following application. The first application shall be one week
before the seeding at the rate of 35 pounds per 1,000 square feet harrowed into the top 2
inches of seed bed. The second application shall be done at the rate of 25 pounds per
1,000 square feet, immediately following the second mowing.
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3.6 TREES AND SHRUB PLANTING OPERATIONS
A. Planting operations shall be performed at a steady rate of work unless weather conditions
make it impossible to work. No plant material shall be planted in frozen ground.
B. Provide sufficient tools and equipment required to carry' out the planting operation.
C. Plants too large for two men to lift in and out of holes shall be placed with a sling. Do not
rock trees in holes to raise.
D. Soil mix for plant holes is specified in Paragraph 2.2.
E. If rock or other underground obstruction is encountered, Engineer may require plant pits
to be relocated, the pits enlarged or the plants deleted from the Work.
F. Locations containing unsuitable subsoil shall be treated in one of the following manners.
1. Where unsuitability within the construction site is deemed by Engineer to be due to
excessive compaction caused by heavy equipment or by the presence of boards,
mortar, concrete or other construction materials in sub -grade, and where the natural
subsoil is other than AASHTO classification of A6 or 7, loosen such areas with
spikes, dicing, or other means to loosen the soil to a condition suitable for planting.
Remove all debris and objectional material. Soil should be loosened to a minimal
depth of 12 inches with additional loosening as required to obtain adequate drainage.
Introduce peat moss, sand, or organic matter into the subsoil to obtain adequate
drainage if desired. Such remedial measures shall be considered as incidental to the
work and no extra payment shall be made for this part of the work.
2. Where sub -grade is deemed by Engineer to be unsuitable because the natural subsoil
falls into an AASHTO classification of A6 or 7 and contains moisture in excess of
30 percent, then such a condition shall be rendered suitable by installation of a
sub -drainage system or by other means described elsewhere in these specifications.
Where such conditions have not been known or revealed prior to planting time and
where they have not been recognized in the preparation of Contract Document, then
Engineer shall issue a change order to install the proper remedial measures.
' G. Adjustments in locations and outlines shall be made as directed. In the event that pits or
areas for planting are prepared and backfilled with topsoil to grade prior to
' commencement of lawn operations, they shall be so marked that when the work of
planting proceeds, they can be readily located. In case underground obstructions such as
ledges or utilities are encountered, location shall be changed under the direction of
Engineer without charge.
H. Holes for trees shall beat least 2 feet greater in diameter than the spread of the root system
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05/27/99
and as deep
as the root ball.
Holes
for shrubs and vines shall be at least 12 inches greater
in diameter
than the spread
of the
root system and at least as deep as the root ball.
I. To the topsoil in the backfilling of tree holes and shrub beds, there shall be added as the
progress of the work permits, manure as herein specified, ground limestone if soil tests
indicate it is needed, and commercial fertilizer at the rate of 3 pounds for tree up to 3
inches in caliper, 1 pound per 1 inch in caliper for larger trees, 6 ounces for small shrubs
and 8 ounces for each shrub 4 feet or greater. Ground limestone and manure shall be
omitted in the case of acid soil plants. The manure, limestone and fertilizer shall be
thoroughly mixed with the topsoil in the planting operation, care being taken that the
manure does not come in immediate contact with the roots.
Plants shall be planted in the center of the holes and at the same depth as they previously
grew. Loam shall be backfilled in layers of not more than 8 inches and each layer watered
sufficiently to settle before the next layer is put in place. Loam shall be tamped under
edges of balled plants. Enough topsoil shall be used to bring the surfaces to finish grade
when settled.
1. A saucer shall be provided around each plant as shown on the Drawings.
2. Plants shall be soaked with water twice within the first 24 hours of time of planting.
Water shall be applied with low pressure so as to soak in thoroughly without
dislodging the topsoil.
3. Approved weed mat shall be placed under all areas to be covered with mulch. Secure
weed mat in place with a soil anchor, then cover with mulch.
4. A 3 inch layer (after settlement) of mulch or approved equal shall be applied directly
on top of weed mat to the entire area of each saucer or planting bed.
3.7
W
PLANT BED EXCAVATIONS
Excavate tree pits and plant beds to the depth indicated on the Drawings
MAINTENANCE DURING CONSTRUCTION
A. Maintenance shall begin immediately after planting. Plants shall be watered, mulched,
weeded, pruned, sprayed, fertilized, cultivated, and otherwise maintained and protected
until provisional acceptance. Settled plants shall be reset to proper grade and position,
planting saucer restored and dead material removed. Stakes and wires shall be tightened
and repaired. Defective work shall be corrected as soon as possible after it becomes
apparent and weather and season permit.
B. If a substantial number of plants are sickly or dead at the time of inspection, acceptance
shall not be granted. Maintenance of plants shall then be extended until replacements are
made.
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C. Replacements shall be plants of the same kind and size indicated on the Plant List on the
Drawings. They shall be furnished and planted as specified above at no additional cost to
Owner. Replacements resulting from removal, loss, or damage due to occupancy of the
project in any part, vandalism, physical damage by animals, vehicles, etc., and losses due
to curtailment of water by local authorities shall be approved and paid for by Owner.
D. Plants shall be guaranteed for a period of one year after inspection and provisional
acceptance.
E. At the end of the
Establishment
Period, inspection shall be made again. Any
plant
required under this
contract that is
dead or unsatisfactory to Owner shall be removed
from
the site. These shall be replaced during the normal planting season.
3.9 SEEDING
A. All exterior ground within the limit of contract, except surfaces occupied by buildings and
structures and paving, except areas indicated to be undisturbed, shall be seeded or planted
as indicated on the Drawings.
B. Furnish topsoil, finish grading, prepare seed bed, seed and maintain areas as indicated on
the Drawings. Special attention must be given to those areas of slope greater than 3: 1.
Notify Engineer if extreme slopes present difficulty in bed preparation, top soil placement
or materials prescribed.
C. Seed Bed Preparation - Grade areas to finish grades, filling as needed or removing surplus
dirt and floating areas to a smooth, uniform grade as indicated on grading plans. All lawn
areas shall slope to drain. Where no grades are shown, areas shall have a smooth and
continual grade between existing or fixed controls (such as walks, curbs, catch basin,
elevational steps or building) and elevations shown on the Drawing. Roll, scarify, rake
and level as necessary to obtain true, even lawn surfaces. Finish grades shall meet
approval of Engineer before grass seed is sown. Loosen soil to a depth of 6 inches in lawn
areas by approved method of scarification and grade to remove ridges and depressions.
Remove stones or foreign matter over 2 inches in diameter from the top 2 inches of soil.
Float lawn areas to approximately finish grades.
D. Seed beds should be permitted to settle or should be firmed by rolling before seedings are
made.
E. Seeding shall not be performed in windy weather.
F. Seeding shall be done in two directions at right angles to each other.
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G. Lawn areas shall be seeded by sowing evenly with an approved mechanical seeder at the '
rate of a minimum of 5 pounds per 1,000 square feet. Culti-packer or approved similar
equipment may be used to cover the seed and to form the seed bed in one operation. In
areas inaccessible to culti-packer, the seeded ground shall be lightly raked with flexible
rakes and rolled with a water ballast roller. After rolling, seeded areas are to be lightly
mulched with wheat straw. Wheat straw shall not be secured in place with an asphalt ,
emulsion or other petroleum based product.
H. If the project completion date prohibits in -season planting, prepare for out -of -season
seeding or sodding so that lawns shall be completed and ready for acceptance at time of
project completion, without additional cost to Owner. Lawn maintenance shall be the
same as for other planting. ,
I. Maintain lawns for at least 30 days after sodding and 60 days after seeding, or as long as '
is necessary to establish a uniform stand of the specified grasses, or until substantial
completion of the project or until acceptance of lawns, whichever is later.
J. In the event that lawn operations are completed too late in the Fall for adequate ,
germination and growth, maintenance shall continue into the following growing season
or until a uniform stand of the specified grasses has been established.
K. Water seeded areas twice the first week to a minimum depth of 6 inches with a fine spray
and once per week thereafter as necessary to supplement natural rain to the equivalent of
1 inch or to a 6 inch depth.
L. The surface layer of soil for seeded areas must be kept moist during the germination
period. After first cutting, water as specified above.
M. Make weekly inspections to determine the moisture content of the soil and adjust the '
watering schedule established by the irrigation system installer to fit conditions.
N. After grass growth has started, all areas or parts of areas which fail to show a uniform ,
stand of grass for any reason whatsoever shall be reseeded in accordance with the
Drawings and as specified herein. Such areas and parts of areas shall be reseeded
repeatedly until all areas are covered with a satisfactory growth of grass at no additional
cost to Owner.
O. Watering shall be done in such a manner and as frequently as is necessary to assure 1
continued growth of healthy grass. Water in such a way as to prevent erosion due to
excessive quantities applied over small areas and to avoid damage to the finished surface
due to the watering equipment.
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P. Water for the execution and maintenance of this work shall be provided by the Contractor.
' Q. Mowing of the seeded areas shall be initiated when the grass has attained a height of 1'/z
to 2 inches. Grass height shall be maintained between I and 1 %2 inches at subsequent
cuttings depending on the time of year. Not more than 1/3 of the grass leaf shall be
removed at any cutting and cutting shall not occur closer than 10 days apart.
R. When the amount of grass is heavy, it shall be removed to prevent destruction of the
I. underlying turf. If weeds or other undesirable vegetation threaten to smother the planted
species, such vegetation shall be mowed or, in the case of rank growths, shall be uprooted,
raked and removed from the area.
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S. Protect seeded area against trespassing while the grass is germinating. Furnish and install
fences, signs, barriers or any other necessary temporary protective devices. Damage
resulting from trespass, erosion, washout, settlement or other causes shall be repaired at
no expense to Owner.
T. Remove fences, signs, barriers or other temporary protective devices after final
acceptance.
END OF SECTION
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Section 03210
REINFORCING STEEL
PART 1- GENERAL
1.01
1.02
1.03
O6161O
A. This Section covers the work necessary to furnish and install, complete, the
reinforcing steel and welded wire fabric.
GENERAL
A. See CONDITIONS OF THE CONTRACT and Division I, GENERAL
REQUIREMENTS, which contain information and requirements that apply to the
work specified herein and are mandatory for this project.
SUBMITTALS DURING CONSTRUCTION
A. Submittals during construction shall be made in accordance with Section 01300,
SUBMITTALS DURING CONSTRUCTION, in Division 1, GENERAL
REQUIREMENTS.
1. Bending Lists
2. Placing Drawings
PART 2 - MATERIALS
2.01
2.02
2.03
DEFORMED REINFORCING BARS
A. Deformed billet -steel bars conforming to ASTM A615, Grade 60, unless
otherwise noted.
WELDED WIRE FABRIC
A. See Drawings to determine size used, if applicable.
ACCESSORIES
A. Tie wire shall be 16 -gauge, black, soft -annealed wire. Bar supports shall be of
proper type for intended use. Bar supports in beams, columns, walls, and slabs
exposed to view after stripping shall be small rectangular concrete blocks made up
of the same color and same strength concrete being placed around them. Use
concrete supports for reinforcing in concrete placed on grade. Conform to
requirements of "Placing Reinforcing Bars" published by CRSI.
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PART 3 - EXECUTION
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3.08
GENERAL
A. Conform to "Placing Reinforcing Bars", Recommended Practices, Joint Effort of
CRSI-WCRSI, prepared under the direction of the CRSI Committee on
Engineering Practice.
I
B. Notify the Engineer when reinforcing is ready for inspection and allow sufficient '
time for this inspection prior to casting concrete.
DELIVERY AND STORAGE
A. Deliver steel with suitable hauling and handling equipment. Tag steel for easy
identification. Store to prevent contact with the ground. The unloading, storing,
and handling bars on the job shall conform to CRSI publication "Placing
Reinforcing Bars".
PLACING REINFORCING STEEL - CLEANING
A. Clean metal reinforcement of any loose mill scale, oil, earth and other
contaminants.
STRAIGHTENING AND REBENDING REINFORCING STEEL
A. Do not straighten or rebend metal reinforcement. Where construction access
through reinforcing is a problem, bundling or spacing of bars instead of bending
shall be used. Submit details and obtain Engineer's review prior to placing.
PROTECTION, SPACING, AND POSITIONING OF REINFORCING STEEL
A. Conform to the current edition of the ACI Standard Building Code Requirements
for Reinforced Concrete (ACI 318), reviewed placing drawings and design
drawings.
REINFORCING STEEL - LOCATION TOLERANCE
A. Conform to the current edition of "Placing Reinforcing Bars" published by
Concrete Reinforcing Steel Institute and to the Details and Notes on the
Drawings.
SPLICING
A. Conform to Drawings and current edition of ACI Code 318. Splices in adjacent
bars shall be staggered.
TYING DEFORMED REINFORCING BARS
A. Conform to the current edition of "Placing Reinforcing Bars" published by
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Concrete Reinforcing Steel Institute and to the Details and Notes on the
Drawings.
' 3.09 REINFORCEMENT AROUND OPENINGS
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A. Place an equivalent area of steel around the pipe or opening and extend on each
side sufficiently to develop bond in each bar. Where welded wire fabric is used,
provide extra reinforcing using fabric or deformed bars.
3.10 WELDING REINFORCEMENT
A. Welding shall not be permitted unless the Contractor submits detailed shop
drawings, qualifications, and radiographic nondestructive testing procedures for
review by the Engineer. The Contractor shall obtain the results of this review
prior to proceeding. The basis for the Contractor submittals shall be The
Structural Welding Code, Reinforcing Steel, AWS Dl .4-79, published by the
American Welding Society and the applicable portions of ACI 318, current
edition. The Contractor shall test 10 percent of all welds using radiographic,
nondestructive testing procedures referenced in this code.
3.11 PLACING WELDED WIRE FABRIC
A. Welded wire fabric shall be placed at mid -depth of slab. Do not leave on ground.
3.12 FIELD BENDING
A. Field bending of reinforcing steel bars is not permitted when rebending will later
be required to straighten bars. Rebending of bars at the same place where strain
hardening has taken place due to the original bend will damage the bar. Consult
with the Engineer prior to any pour if the contractor foresees a need to work out a
solution to prevent field bending.
3.13 PAYMENT
IA. Payment for the work in this Section will be included as part of the applicable
Concrete structure bid item stated in the Contractor's Proposal. No separate
payment will be made of reinforcing steel.
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Section 03316
MISCELLANEOUS CONCRETE WORK
Part 1 - GENERAL
1.1 SCOPE
05/27/99
This section covers cast in place concrete and reinforcing steel used in the construction of drop
inlets, headwalls, drainage structures, curb and gutter, sidewalks and access ramps, ditch
paving, manhole adjustments, water valve adjustments, thrust blocks, pipe bedding, concrete
pads around valve and meter boxes, guard rail footings, and concrete encasement. This section
also includes flowable fill for pipe trenches.
1.2 RELATED WORK
IA. Quality control is specified in Section 01400.
B. Cast -in -place manholes are specified in Section 02601.
C. Fire hydrant blocking is specified in Section 02644.
' D. Pipe laying and encasement is specified in Section 02600.
IE. Storm sewer system is specified in Section 02720.
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F. Guard rails is specified in Section 02805.
E: Utility sleeves is specified in Section 02605.
1.3 REFERENCES
A. ASTM Standards
1. A 185, "Steel Welded Wire Fabric, Plain, for Concrete Reinforcement"
2. A 615, "Deformed and Plain Billet Steel for Concrete Reinforcement"
3. C 31, "Standard Method of Making and Curing Concrete Test Specimens in the
Field"
4. C 33, "Concrete Aggregates"
5. C 39, "Standard Test Method for Compressive Strength of Concrete"
6. C 143, "Standard Test Method for Slump of Portland Cement Concrete"
7. C 150, "Standard Specification for Portland Cement"
8. C 172, "Standard Method of Sampling Fresh Concrete"
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9. C 231, "Standard Test Method for Air Content of Freshly Mixed Concrete by the
Pressure Method"
10. C 260, "Air Entraining Admixtures for Concrete"
1.4 SUBMITTALS
Submittals are not required for concrete work unless requested by Engineer. If requested,
submit drawings and data as follows. It is anticipated that these will only be required to be
submitted if field observations indicate to Engineer that the Work is not progressing according
to the Contract Documents.
A. Manufacturer's data for reinforcing steel.
B. Manufacturer's data for admixtures and curing compound.
C. Mix design for concrete and flowable fill.
D. Reinforcing placement drawings.
1.5 QUALITY ASSURANCE
A. Concrete shall be provided by a ready mix plant that has been in operation sufficient
time to have a proven record of supplying concrete mixtures that perform satisfactorily.
Ready mix plant shall have a current AHTD approval.
B. Concrete work, including formwork
and reinforcing
steel
placement, shall be
accomplished by workers experience in
the type of work
being
performed.
Part 2- PRODUCTS
2.1 CEMENT
Cement shall be Portland Cement conforming to the requirements of ASTM C 150, Type I or
IA. Type III or ILIA Portland Cement, high early strength, may be used if approved by
Engineer; any extra cost will be borne by Contractor.
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2.2 AGGREGATE
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Coarse aggregates shall consist of crushed stone or gravel and shall comply with the following
grading requirements when tested according to AASHTO T 27:
Class A. B. or Special Concrete:
Sieve
Percent Passing
1'/<"
100
1"
-
3/4I
35-75
/Z"
-
3/a"
10-30
#4
0-5
Fine aggregates shall consist of clean, sound, sand conforming to ASTM C 33, and graded as
follows:
Sieve
Percent Passing
3/8"
100
#4
95-100
#8
70-95
#16
45-85
#30
20-60
#50
5-30
#100
0-5
2.3 WATER
Water used in mixing concrete and mortar shall be potable water and shall be free from
injurious amounts of acids, alkalies, oils, sewage, and organic matter.
2.4 REINFORCING STEEL
Reinforcing steel shall be either deformed bars or welded wire fabric, as indicated on the
Drawings. The steel shall conform to the following.
Deformed bars ASTM A 615, Grade 60
Welded wire fabric ASTM A 185, Grade 65
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2.5 CURING COMPOUND
Sonneborn liquid Kure -N Seal, or equal
2.6 CONCRETE COMPOSITION AND STRENGTH REQUIREMENTS
A. Concrete shall be either Class A or Class B, and shall be composed of Portland cement,
fine and coarse aggregate and water proportioned in keeping with the following:
Note: Concrete other than Class A or Class B are not listed below and shall be noted on the
drawings and those mixes shall have a mix design submitted that will meet the specified minimum
compressive strength and/or other specified requirements.
Minimum Sacks of Cement
(per Cubic Yard)
Max Water (gallons per sack)
Slump (inches)
Air Entrainment (percent)
Class "A" Concrete
5.5
l
2 - 4 (w/ vibration)
I - 2 (for construction with
extrusion machine)
5.5 +/- 1.5
Water -cement ratio shall not exceed 0.49.
Minimum Cementious Material (lb)
(per Cubic Yard)
►• 1
Water
Air Entrainment (percent)
Flowable Fill
Class "B" Concrete
R
6
2 - 4 (w/ vibration)
1 - 2 (for construction with
extrusion machine)
5.5 +/- 1.5
300 total Cement (80-100) / Fly Ash (220-300)
Variable to equal one cubic yard
Approximately 65 gallons
15 +1- 1.5
B. Air -entraining agents, if used, shall conform to ASTM C 260. The total air content
(entrained and entrapped air) shall be 5.5 percent plus or minus 1.5 percent for
concrete and 15 percent plus or minus 1.5 for flowable fill.
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' C. Proportioning of concrete shall be by weight except that water may be measured by
volume. A one cubic foot sack of Portland Cement will be considered as weighing
' 94 pounds.
D. Class A concrete made with ordinary Portland cement shall have a minimum
' compressive strength at 28 days of 3500 psi. Class B concrete made with ordinary
Portland cement shall have a minimum compressive strength at 28 days of 3000 psi.
If made with high early strength cement, those strengths shall be attained at the end
I. of 7 days. Other strengths may be specified on Drawings or in these specifications.
Flowable fill shall have a minimum compressive strength at 28 days of 200 psi and
shall meet the requirements of AHTD Section 206.
' 2.7 JOINT COMPOUNDS
' A. Expansion joints: asphalt impregnated fiberboard, meeting requirements of AASHTO
M 213. Expansion joints shall be left %i' lower than grade or trimmed' h" lower and
' filled with silicone sealer or other sealer approved by the Engineer to finish grade.
B. Contraction (i.e. saw cut) joints: one part silicone formulation that does not require
a primer for bond to concrete. Compound shall be compatible with concrete. Acetic
acid cure sealants are not acceptable. Provide product of a manufacturer listed on the
AHTD approved materials provider list.
Part 3 - EXECUTION
' 3.1 REINFORCING STEEL
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Steel reinforcing shall be free from rust, scale, and from mortar, dirt, or other objectionable
coatings. It shall be placed accurately in accordance with details shown on the Drawings and
with rebar detail drawings, and properly secured in position.
3.2. READY -MIX CONCRETE
Ready -mix concrete shall be delivered and placed within one hour after all materials,
including mixing water, shall have been placed in the mixing drum. Each batch shall be
accompanied by a toad ticket with a copy for Engineer showing the concrete type, mixing
proportions, and time mixing began.
' 3.3 VIBRATION
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Structural concrete shall be compacted by vibration as it is placed. The use of form vibrators
is not acceptable. Internal vibrators shall be capable of transmitting vibration to the concrete
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at frequencies not less than 4,500 impulses per minute. Duration of vibration shall be limited '
to the time necessary to provide satisfactory consolidation without causing segregation. The
vibrator shall not be inserted into lower courses previously vibrated. Vibrators shall be
applied in a substantially vertical position and at uniformly spaced points not further apart
than the visible effectiveness of the vibrator. Vibration shall be supplemented by such
spading as Engineer may require. Concrete in pipe foundations need not be vibrated if other
methods produce satisfactory results. Slump of concrete shall be the minimum practical.
When vibration is used to consolidate concrete, slump shall not exceed 4 inches.
3.4 FINISHING '
A. Surface finishes shall be classified as follows: '
Class 1. Ordinary Surface finish.
Class 2. Rubbed finish.
Class 3. Sprayed finish.
Class 4. Exposed Aggregate finish.
Class 5. Tined Concrete Pavement.
Class 6. Broomed finish.
B. All concrete shall be given a Class 1 finish. Immediately following the removal of '
forms, fins and irregular projections shall be removed from all surfaces. On all
surfaces, the cavities produced by form ties and all other holes, broken corners or
edges, and other defects shall be thoroughly cleaned, and patched. In addition,
further finishing may be required as specified.
C. All exposed surfaces of structures shall be given a Class 2 finish.
D. Curb and gutter, integral curb, drop inlet tops, sidewalk, access ramps, driveways, '
medians and ditch paving shall be given a Class 6 finish.
E. Concrete pavement shall be given a Class 5 finish. ,
F. Drive and street repairs shall be finished to match existing drives and streets.
3.5 CURING
A. Immediately after placement, protect concrete from premature drying, excessively '
hot or cold temperatures, and mechanical injury.
B. Cure concrete for at least 7 consecutive days. Cure unformed surfaces by one or the
following methods.
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' 1. Cover surface with moist fabric so that a film of water remains on the surface
throughout the curing period.
2. Cover surface with curing paper and seal with tape.
3. Apply a uniform coat of liquid curing and sealing compound in accordance
with manufacturer's instructions.
' 3.6 CURB AND GUTTERS
A. Shape subgrade to required depth below finished surface, and compact to a firm, even
surface. Remove soft and yielding areas and replace with suitable material and
compact. Proof roll as specified in section 02220. Spread base course material as
indicated on the Drawings.
B. Construct forms of metal or wood, free from warp, and of sufficient strength to resist
springing during concrete pouring. Stake and brace and hold firmly to required lines
and grades. Clean and oil forms before concrete is placed. Face forms or templates
matching the shape of the planned curb are required when an extrusion machine is
not used.
IC. Curb and gutters shall be poured as a monolithic structure, according to the lines and
grades and details indicated on the Drawings. A combination of extrusion machine
and hand pouring shall be used as best suits the Work. Extrusion machine shall be
the type that can be adjusted to provide the types and dimensions of curbs indicated
on the Drawings.
D. Vibrate and spade until mortar entirely covers the surface. Finish smooth and even
by means of a wooden float. Round edges as indicated on the Drawings while
concrete is still plastic. Remove face forms as soon as practicable. Finish face by
' rubbing with a wood float until it is smooth, then brush finish with a broom.
Plastering will not be permitted. Fill minor defects with cement mortar applied with
a wood float.
E. Install expansion joints in curb and gutters at stationary structures and at ends of curb
returns. Expansion joints shall be %2 inch thick and shall be filled with joint filler
'shaped to the cross section of the curb and constructed at right angles with the curb
line.
F. Saw cut contraction joints every 15 feet, to be 1/8 to 3/8 inch by 1-1/2 inches. Saw
cut at right angles to curb line. Fill with joint seal.
' G. Cure as described elsewhere in this section.
H. Maximum variation from indicated grades shall be 3/8 inch in 10 feet.
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3.7 SIDEWALKS AND ACCESS RAMPS
A. Excavate or fill subgrade to the required grade. Remove soft and yielding material
and replace with suitable material and compact entire subgrade. Proof roll as
specified in section 02220.
B. Construct forms of metal or wood, free from warp, and of sufficient strength to resist
springing during concrete pouring. Stake and brace and hold firmly to required lines
and grades. Clean and oil forms before concrete is placed. Face forms or templates
matching the shape of the planned curb are required when an extrusion machine is
not used.
C. Construct concrete sidewalks and access ramps according to the lines, grades, and
details indicated on the Drawings. As far as practical, sidewalks shall be
continuously poured. Access ramps shall be poured monolithically. Consolidate
concrete material to prevent honeycombing. Strike off top with a straightedge and
tamp or vibrate sufficiently to bring mortar to surface.
D. Sidewalks and access ramps shall have a non -slip broom finish.
E. Provide tool joints, saw joints, and expansion joints where indicated on the '
Drawings. Expansion joints shall be at least '/2 inch wide, spaced as indicated on the
Drawings and between sidewalk and all stationary structures. Fill with joint filler.
Provide '/2 inch expansion joint material (AASHTO M 213) between curb and
sidewalk, and between curb and access ramp.
3.8 DRAINAGE STRUCTURES
A. Reinforced box culverts, retaining walls, drop inlets, junction boxes, drop inlet '
extensions, headwalls, and other drainage structures shall be constructed with
reinforced concrete, as shown on the Drawings.
B. Concrete shall not be placed until the Engineer or Engineer's representative has
observed the forms and placement of reinforcement.
C. The concrete floors of nonmonolithic structures shall be placed at least 24 hours
before beginning construction of the walls. A longer period of time may be required
if weather conditions make it necessary.
D. Curing is described in 3.5.
E. Walls shall be constructed to form a tight joint with the floor and around pipes.
Pipes shall be cut flush with the inside surfaces of the wall. ,
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' F. Faces of drop inlets and drop inlet extensions shall match the curb face slope and
alignment. Box culverts headwalls shall be parallel with the road centerline. Box
culvert wingwall alignment and/or dimensions may vary from the Plans to best fit
'
field conditions.
G. The rings or frames shall be set accurately to the finished elevations so that
subsequent adjustments will be not necessary.
I. H. Backfill for drop inlets, extensions, and headwalls may be permitted after concrete
has cured for 48 hours and concrete has attained 75% of the minimum compressive
strength, if the Contractor takes responsibility for the structure maintaining its
integrity. Otherwise, backfill may commence when concrete test cylinders attain the
minimum compressive strength for that structure. Backfill within the roadway
embankment and immediately adjacent to bridge abutments, culverts, retaining walls,
' or other places inaccessible to rollers, shall be placed in approximately 6" horizontal
layers, loose measurement, at near optimum moisture content and compacted with
mechanical equipment to 95% of the maximum density as determined by AASHTO
T 99. The specified density will not be required immediately adjacent to wingwalls
of box culverts. The backfill in front of such units shall be placed first to prevent the
' possibility of forward movement. Special precautions shall. be taken to prevent
wedging action against the concrete, and the slope bounding the excavation for
abutments and wingwalls shall be stepped or roughened to prevent wedge action.
' No backfill shall be placed against abutments, retaining walls, or box culverts until
the concrete has cured for at least 14 days or until test cylinders show the minimum
strength has been obtained.
I. Structures shall be cleaned of any accumulation of silt, debris, or foreign matter of
any kind, and shall be reasonably free of such accumulations during construction and
at job completion.
' J. Drop inlets shall steps when height measurement form the footing to the top the
structure (top of ring and lid) is four feet or more. These steps shall be ICM S-700
' (Polypropylene Plastic), or approved equal.
3.9 DRIVEWAYS & MEDIANS
' A. Portland cement concrete driveways and medians shall be constructed in one course
on the prepared subgrade or on a completed and accepted base course or asphalt
course in accordance with these specifications and in conformity with the lines,
grades, thickness, and detail /typical cross section shown on the Drawings.
I
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B. Expansion material shall be placed between the curb and driveway and any existing '
portion of driveway. The joint filler shall be %z inch thick and meet the requirements
of AASHTO M 213. The top %z inch of the expansion joint shall be filled with
silicone sealer, or other sealer approved by the Engineer flush, with the surface.
C. Curing is described in 3.5.
D. Forms shall be constructed of metal or wood, free from warp, and of sufficient
strength to resist springing during the process of depositing concrete. They shall be
securely staked, braced, set, and held firmly to the required line and grade. Forms
shall be cleaned and oiled before concrete is placed against them.
E. The concrete shall be deposited in the forms upon a wetted subgrade to such depth
that when it is compacted and finished, the top will be the required elevation. The
concrete shall be thoroughly compacted and the edges along the forms spaded to
prevent honeycomb. The top shall be struck off with a straightedge and tamped
sufficiently to flush mortar to the surface, after which it shall be finished with a float
to a smooth and even surface. Edges shall be rounded with a l Yzinch radius edger.
3.10 DITCH PAVING
A. Concrete ditch paving shall be accordance with these specifications and in
conformity with the locations, lines, and grades shown on the Drawings, or as
directed.
B. The subgrade shall be excavated or filled to the required grade. Soft and yielding
material shall be removed and replaced with suitable material and the entire subgrade
shall be thoroughly compacted.
C. Forms shall be constructed of metal or wood, free from warp, and of sufficient
strength to resist springing during the process of depositing concrete. They shall be
securely staked, braced, set, and held firmly to the required line and grade. Forms
shall be cleaned and oiled before concrete is placed against them.
D. The concrete shall be deposited in the forms upon a wetted subgrade to such depth
that when it is compacted and finished, the flow line shall be at the required elevation
and the sides at required widths, slopes, and thicknesses. The concrete shall be
thoroughly compacted and the edges along the forms spaded to prevent honeycomb.
The flow lines and sides shall be struck off with a straightedge and tamped
sufficiently to flush mortar to the surface, after which it shall be finished with a wood
float to a smooth and even surface. The final surface shall be broomed. Edges shall
be rounded with a V2 inch radius edger.
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E. Transverse joints shall be sawn at ten foot intervals measured longitudinally along
the flow line. The depth of the joints shall be 1 1/4 inch.
F. Immediately after the forms have been removed, the spaces on each side of the paving
shall be backfilled with suitable material and compacted with mechanical equipment.
Two feet of solid sodding shall be placed adjacent to the ditch.
G. When a section of ditch paving terminates at a structure, a''/2 inch thick expansion
joint conforming to AASHTO M 213 shall be provided. Expansion material shall be
provided at 50 foot intervals. This expansion material shall be constructed a'/2 inch
below surface and this '/ inch shall be filled with one part silicone joint sealant.
3.1 OA UNDERDRAIN OUTLET PROTECTORS
IA. The foundation shall be prepared to the required depth, forms set rigidly to the line
and grade designated, and the concrete place, spaded, vibrated, and finished with a
wood float to a true and even surface. When completed, the concrete shall be cured
as specified.
B. The outlet protector shall be placed in such a manner that the underdrain lateral has
a uniform slope to ensure proper drainage. Abrupt changes in slope along any portion
of the lateral will not be permitted.
' 3.11 FIELD QUALITY CONTROL
A Testing of concrete in the field, either as poured or after setting or curing shall be as
required by Engineer. The cost of all testing to demonstrate compliance with the
specifications shall as indicated in Section 01400.
' B Cooperate with testing laboratory personnel to take and properly handle field
samples.
' C Composite samples shall be obtained in accordance with ASTM C 172
D Mold and laboratory cure three specimens from each test required in accordance with
ANSI/ASTM C 31.
' E Measure air content in Class A concrete or other specified concrete mix in
accordance with ASTM C 231.
' F. Test the specimens in accordance with ANSI/ASTM C 39. Two specimens shall be
tested at 28 days for acceptance and one specimen shall be tested at 7 days for
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information. For concrete compressive strength tests less than the 7 day (such as for '
backfilling structures, etc.), the Contractor will be responsible for these tests.
G. The slump of the normal -weight concrete sample for each strength test shall be
determined in accordance with ANSI/ASTM C 143.
H. Failure of concrete and flowable fill is defined as the average compressive strength
of the tested specimens. The strength level of the concrete or flowable fill shall be
considered satisfactory if both of the following requirements are met: '
1. The average of all sets of three consecutive strength tests equal or exceed
the specified compressive strength.
2. No individual strength test (average of two cylinders) falls below required
compressive strength by more than 500psi.
I. Should the test cylinders fail to demonstrate compliance with the specifications,
reconstruct the concrete structure at no additional cost to Owner. Contractor shall
then be responsible for the expenses involved in re -testing the concrete.
It'
3.9
J. Testing will be required for every 50 cubic yards of concrete or flowable fill placed
or for each day's pour and/or placement whichever is least or as directed by the
Engineer or his representative. The cost of all testing made at the request of the
Owner will be as indicated in Section 01400. Engineer shall furnish Owner with '
copies of concrete testing required by Engineer during the course of the Work.
CLEANING
Clean work areas and all concrete formwork and waste. Waste concrete shall not be
disposed of on site except as approved by Engineer.
WEATHER AND TEMPERATURE LIMITATIONS
A. When the internal temperature of the plastic concrete reaches 85 degree F, the
Contractor shall take the necessary precautions to insure that the temperature of
succeeding batches does not exceed 90 degrees F. Concrete batches with
temperatures in excesses of 90 degrees F will be rejected. The method used to
control the concrete temperature shall be submitted to Engineer in writing by the
Contractor. The temperature of the plastic concrete shall be determined immediately
prior to its being deposited in the forms.
B. No concrete shall be placed unless the temperature of the concrete is more than 50
degree F when placed. If heating of the ingredients is necessary to meet this
criterion, it shall be accomplished by a method such as dry heat or steam. Water
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shall not
be heated
to more
than 180 degree F,
and shall
be combined with the
aggregate
before the
addition
of cement. Frozen
aggregates
may not be used.
C. After concrete is placed, it shall be protected by insulated forms, blankets, enclosing
and heating, or any approved method that will maintain 50 degree F temperature for
at least 5 days. The Contractor shall have available and ready for immediate use
sufficient materials and equipment for maintaining the temperature of the concrete.
D. Concrete that has been frozen or damaged due to weather conditions shall be replaced
at no additional cost to the Owner
3.10 SCHEDULE
Cast -in -place concrete class is generally indicated on the Drawings for each type of usage.
The following schedule will govern where no concrete class is indicated on the Drawings.
Class A Class B
Curb and Gutter
x
Sidewalks & Access Ramps
x
Drainage Structures
x
Ditch concrete paving
x
Driveways
x
Manholes
x
Manhole adjustments
x
Water valve adjustments
x
Guard rail post holes
x
Concrete pads
x
Flared end section wall
x
Underdrain outlet protector
x
Thrust blocks
x
Encasement
x
Pipe bedding
x
Reinforced Concrete Vault - 4000 psi
END OF SECTION
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