HomeMy WebLinkAbout21-00 RESOLUTIONRESOLUTION NO. 21-00
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MICROPTLME13
A RESOLUTION AWARDING BID NO. 2000-12 IN THE
AMOUNT OF $114,025 TO APAC-ARKANSAS, INC., A
McCLINTON-ANCHOR DIVISION, APPROVAL OF A
CONTRACT CONTINGENCY IN THE AMOUNT $17,104 (15%),
APPROVING $20,000 FOR CONTRACT ADMINISTRATION,
CONSTRUCTION INSPECTION AND MATERIALS TESTING,
AND APPROVAL OF A BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby awards Bid No. 2000-12 in the amount of
$114,025 to APAC-Arkansas, Inc., a McClinton -Anchor Division, approves a contract contingency
in the amount $17,104; 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 2. The City Council hereby approves an amount of $20,000 for contract
administration, construction inspection and materials testing for said project.
Section 3. The City Council also approves a budget adjustment in the amount of
$151,129 by increasing Acct. No. 4470 9470 5814 00, Project No. 99083 1 decreasing 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.
PASSED AND APPROVED this h day of February , 2000.
c f9To /5
?/7/o6 APPROVE .
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By: I' i 4; 41 el(
Heather Woodruff, City '�¢k
T
By:
red Hanna, Mayor
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NAME OF FILE: RAS , %/ 1)D//i//9C - f1Qa/)SAS, Z'Al c :, ii A 4O. %20DD-/6
CROSS REFERENCE:
Date
Contents of File
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EXHIBIT A
do/5A—do/5/
AGREEMENT
GREEMENT 049.141
BETWEEN OWNER AND CONTRACTO D /) p i
THIS AGREEMENT is dated as of the /6 -
day ofFele in the year 2000 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 m the Contract Documents. The Work
is generally descnbed as follows:
•
PROJECT - Cleveland Street Sidewalk Construction: removal & disposal of existing asphalt
curb, asphalt pavement, concrete curb & gutter, driveways, and sidewalk; and construction of
approximately 1500 LF of concrete curb & gutter and sidewalk with associated earthwork,
aggregate base, asphalt pavement, dnveways, access ramps 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
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Article 3. CONTRACT TIME.
3.1. The Work shall be substantially completed within 60 calendar days after the date when the
Contract Time commences to run as provided in paragraph 2 03 of the General Conditions, and
completed and ready for final payment m accordance with paragraphs 14 07 B & C of the General
Conditions within 90 calendar days after the date when the Contract Time commences to.run. ,
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that tune is of the essence
of the Agreement and that OWNER will suffer financial loss if the Work is not completed within
the tunes specified m 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 remainmg-Work
within the time specified m 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.
City of Fayetteville Page 00500-2
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PAYMENT ITEMS
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As provided in paragraph 11.03 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 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B of the General Conditions.
City of Fayetteville
Page 00500-3
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Item
No.
Item Description
Unit
Estimated
Quantity
Unit Price
Extended
Price
1
Mobilization
LS
1
$5 000.00
$5,000.00
2
Protective
Fencing
for
Trees
LF
700
$5.00
$3,500.00
3
Maintenance
of
Traffic
. .
LS
1
$7 500.00
$7,500.00
4
Site
Preparation
LS
1
-$15,000.00
$15,000.00
5
Removal
&
Disposal
of Concrete
Driveways, Sidewalks
& Swale
SY
160
. $5.00
$800.00
6
Removal
and
Disposal
of Asphalt
Curb & Pavement
SY
600
$5.00
$3,000.00
7
Removal
and
Disposal
of
Concrete Curb &Gutter
LF
40
' ;. $5.00 ..
$200.00
8
Compacted Embankment
(Select
Hillside
Material)
CY
275
$15.00
$4,125.00
9
Aggregate Base Course
TN
415
$20.00
$8,300.00
10
Portland
Cement Concrete Base
CY
30 ,
$175.00
$5,250.00
11
Concrete Curb
& Gutter
LF
1500.
, .$8.75
$13,125.00
12
Concrete Sidewalk
(4")
SY
750
$24.00
$18,000.00
13
Concrete
Dnveway (6")
SY '
475
$30.00
$14,250.00
14
Concrete Access Ramp
(4")
SY
100
130.00
$3,000.00
15
ACHM
Surface
Course (Type
2)
TN
30
$65.00
$1,950.00
16
Imported Top
Soil
CY
60
, ;.$25.00
.
$1,500.00
17
Seeding &
Mulching
AC -
0.3
$20 000.00
•,
$6,000.00
18
Silt
Fence (Type E 4)
LF
700
$4.50
.
$3,150.00
19
Straw Bale
EA
25 .
$15.00
$375.00
Total Base Bid Amount
$114,025.00
As provided in paragraph 11.03 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 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B of the General Conditions.
City of Fayetteville
Page 00500-3
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Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment m 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.
1
1
1
1
5.1.1. Pnor to Substantial Completion, progress payments will be made in an amount equal
1 to the percentage indicated below, but, m case, less the aggregate of payments previously
made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraphs 14.02.B.5 & 14.02 D of the General Conditions.
1
5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Pnce
on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on
or about the 1st day of each month dunng construction as provided in paragraphs 5 1.1 and 5 1.2
below and SC -14.02 All such payments will be measured by the schedule of values established
in paragraph 2.07 of the General Conditions and based on the number of units completed in the case
of Unit Pnce Work or, in the event there is no schedule of values, as provided in the General
Requirements.
1
1
1
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 paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if
any such items are setup for that type payment in the Specifications.
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 winch case the
remaining progress payments prior to Substantial Completion will be in an amount
equal to 100 percent of the Work completed.
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 paragraphs 14.02.B.5 & 14.02.D of the General Conditions.
1 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.07.B & C of the General Conditions, OWNER shall pay the remainder of the
( Contract Price as recommended by ENGINEER as provided in said paragraphs 14.07 B & C.
1
1 City of Fayetteville Page 00500-4
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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 4.02.A of the General Conditions.
CONTRACTOR accepts the determination set forth in paragraph SC -4.02 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 4.02 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.
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
City of Fayetteville Page 00500-5
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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 furmshing 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. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D).
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 15, 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:
Cleveland Avenue Sidewalk Construction
City of Fayetteville Page 00500-6
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7.10. The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto:
7.10.1. Notice to Proceed
7.10.2. All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.04 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 paragraph 3.04 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.
City of Fayetteville Page 00500-7
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it
1
f i- t 1..`c u�
IN WITNESS 'WHEREOF, OWNER'and CONTRACTOR have signed this Agreement in
quadruplicate. One counterparteach has been dehvered to OWNER and ENGINEER, and two counterparts ` 0
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.
as ObL.-g4- & relnat t -
This Agreement will be effective on
• the Agreement).`-t�wherco: Prthcipal red Surety,bind 1:hems-cive , their
heirs, pe retrei-anta,,ives, successors and assigns, jointly and
'OWNER Y City of Fayetteville' -se presz t• .CONTRACTOR: APAC-Arkansas, Inc.,
rrxn .1>�.s n..v by written agreement dated McClinton -Anchor Division
entered •i•. n 9ortr=tct with the Owner for:
c' "
ALL
2000 (wiiichis the Effective Date of
prt,, $7t t.,ux CONSTRiiCTIO--
r.s By: i
whirr, c/°Mayor FredHannar�=er*-nce r:1:..d, a per: h€.xJamesA.Cole. L here i.ratter
referred Lc t.:: the Contract.
The condition of thin obligation is sur::th4esid'enirincipal
shall faithfully perform the Ccratract c-_ VYcePr
-. _ ---- --
indemnify and. save i.04:rmless the owner from al.)coTitle.nd damag=- which
he may suftet by reason cf failure so to do and rha'i tul'y rettturue
and repay the Owner ail outi,:y and expense which the Owner Tray incur
In T; axi nG uric :I .,.t. �' i `]tl" W'E' i _, , .. ^} fur- - - y'il^+
"i .'ip31
pay E..1.1 rtr2c'r.e <i f.1 1nriebze lnc ss for r:. t p.- . -3.*!-
t,srnl[CORPORATE SEAL] •c under Laid.ontrtct , (;.:[CORPORATE SEAL] vc xT rn
r. hall tr:-vc .i .;i,10'."Ct : ir'1'l:!' ^:i•^. P. ace -Wing t f F'7_r ^_ E..^.E'. 4.
--lbws a __tit I:: b ' = -• .
cricrity L F^ �.. c ..F. • a- -
•
-
ttAtteCst a.
71
A.0 a Fortson 22 4o; 'b
Address for giving notices ,.c
Owner after two yt a,i : tram
tilt Cantr- nt tails duc .
?any alt ,'(tier, ._.�-. ' 'ti Jt
t h,.._ lout t -o h^' d, n .
.or •_ ti^ . f:. r.
fcroe.-on t"c .4:rt
��}
c::-. A q,.1.L int it .-'
(lf OWNER is a publictody, attach
- evidence of authority to sign and _.
' (resolution or other documents r\
-'authorizing execution of Agreement.)
.ill {....L. J1V'..-
h'-
tt
u
bt.
•lC : . Ct. ,A est 72'
:Drought.
n 1 t _;r - c . :l Brough . in acro
and A. C.F .d
Cc.; -t ter. ' ?.St.. 5;13 (b)
_.A.� dress for giving notices u3,
toe date on whi&. t.htt final pcyr•
-lance with
tSupp.19671
by the
under
City of Fayetteville
•
- Lhe •.._r, - c r`.._ Co^tract, or.
try.: a aq h h:e C....1" n_ stn;,
- 7Fc r,:..lcc of r..nc. CL tr ct, or t. n-' Durr
r.1-00 CaT; r f'„' tt"ic. Pr:tS . ' •''C tic-
Tec Px..... •E.. .,zd
LicenseNo. `•001.1841299
tti-
• �.. y_ a .. i C Y.
w
Agent for service of process:
nt - - a
The Corporation Company
417 Spring Street
Little Rock, AR 72201
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
Page 00500-8
1
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AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the iC day of / in the year 2000 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 - Cleveland Street Sidewalk Construction: removal & disposal of existing asphalt
curb, asphalt pavement, concrete curb & gutter, driveways, and sidewalk; and construction of
approximately 1500 LF of concrete curb & gutter and sidewalk with associated earthwork,
aggregate base, asphalt pavement, driveways, access ramps 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 substantially completed within 60 calendar days after the date when the
Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and
completed and ready for final payment in accordance with paragraphs 14.07.B & C of the General
Conditions within 90 calendar days after the date when the Contract Time commences to run
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.
City of Fayetteville Page 00500-2
•
PAYMENT ITEMS
•
Item
No.
Item Description
Unit
Estimated
Quantity
Unit Price
Extended
Price
1
Mobilization
LS
1
$5,000.00
$5,000.00
2
Protective Fencing for Trees
LF
700
$5.00
$3,500.00
3
Maintenance of Traffic
LS
1
$7 500.00
$7,500.00
4
Site Preparation
LS
1
$15,000.00
$15,000.00
5
Removal
& Disposal
of Concrete
Driveways, Sidewalks
& Swale
SY
160
$5.00
$800.00
6
Removal
and
Disposal
of Asphalt
Curb &
Pavement
SY
600
$5.00
$3,000.00
7
Removal
and
Disposal
of
Concrete Curb &Gutter
LF
40
$5.00
$200.00
8
Compacted
Embankment
(Select
Hillside
Material)
CY
275
$15.00
$4,125.00
9
Aggregate
Base Course
TN
415
$20.00
$8,300.00
10
Portland
Cement Concrete
Base
CY
30
$175.00
$5,250.00
11
Concrete Curb
& Gutter
LF
1500
$8.75
$13,125.00
12
Concrete Sidewalk
(4")
SY
750
$24.00
$18,000.00
13
Concrete
Driveway (6")
SY
475
$30.00
$14,250.00
14
Concrete Access Ramp
(4")
SY
100
$30.00
$3,000.00
15
ACHM
Surface Course (Type
2)
TN
30
$65.00
$1,950.00
16
Imported
Top
Soil
CY
60
$25.00
$1,500.00
17
Seeding
&
Mulchmg
AC
0.3
$20,000.00
$6,000.00
18
Silt
Fence (Type
E 4)
LF
700
$4.50
$3,150.00
19
Straw Bale
EA
25
$15.00
$375.00
Total Base Bid Amount
$114,025.00
As provided in paragraph 11.03 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 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B of the General Conditions.
City of Fayetteville
Page 00500-3
• •
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 and 5.1.2
below and SC -14.02. All such payments will be measured by the schedule of values established
in paragraph 2.07 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 paragraphs 14.02.B.5 & 14.02.D 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 paragraphs 14.02.B.5 & 14.02.D 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 paragraphs 14.02.B.5 & 14.02.D of the General Conditions.
5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.07.B & C of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraphs 14.07.B & C.
City of Fayetteville Page 00500-4
• •
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 4.02.A of the General Conditions.
CONTRACTOR accepts the determination set forth in paragraph SC -4.02 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 4.02 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.
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
City of Fayetteville Page 00500-5
• •
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. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D).
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 15, 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:
Cleveland Avenue Sidewalk Construction
City of Fayetteville Page 00500-6
• •
7.10. The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto:
7.10.1. Notice to Proceed
7.10.2. All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.04 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 paragraph 3.04 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.
City of Fayetteville Page 00500-7
• •
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.
This Agreement will be effective on , 2000 (which is the Effective Date of
the Agreement).
OWNER: City of Fayetteville
By:
474c1
Mayor Fred Hanna
[CORPORATE SEAL]
Attest
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
CONTRACTOR: APAC-Arkansas, Inc.,
McClinton -Anchor Division
By: (JLa'Yuli 1 lCl�
James A. Cole
Vice President
Attest
Title
[CORPORATE SEAL]
f, 11
Address for giving notices
License No. 0011841299
Agent for service of process:
The Corporation Company
417 Spring Street
Little Rock, AR 72201
(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
2000
Department:
Division:
Program:
Public Works
Engineering
Sales Tax Capital
Date Requested
January 26, 2000
Adjustmen #
00-004 AIN?
Project or Item Requested:
$151,129 is requested to initiate the
Cleveland Street Sidewalk Capital Project.
Project or Item Deleted:
$151,129 from the Sidewalk
Improvements Capital Project.
Justification of this Increase:
The funding will be used for construction
and engineering costs associated with this
project.
Justification of this Decrease:
The project funding for this project
is for all sidewalk improvements.
This adjustment will move a portion
of the funds to a separate capital
project to better track the activity.
Increase Expense (Decrease Revenue)
Account Name Amount Account Number Project Number
Sidewalk Improvements
151,129 4470 9470
5814 00 99083 1
Decrease Expense (Increase Revenue)
Account Name Amount Account Number Project Number
Sidewalk Improvements
151,129 4470 9470
5814 00 96041 1
Approval Signatures
Requested By
anager
Department Director
Admin. ' - rvices Dirtor
a or
Date
i 2_ /Ztrio a
Date
Z -
/—Zcno
Date
Date
7, 7�o
Date
Budget Office Use Only
Type: A B C
E
Date of Approval 2, 6 -2 op 0
9 (V 1 J6 � 2 °a°
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Blue Copy: Budget & Research / Yellow Copy: Requester
CADATA\FORMSBA-ADI\RADJF385.WK4
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Project Manual'` IAirA
FAY ETTE\/1 L
CITY OF FAYETTEVILLE
Cleveland Avenue
Sidewalk Construction
BID # 2000- 12
FAYETTEVILLE, ARKANSAS
JANUARY 2000
8
H__
A8AA AS '
REBISY ;D
0.1:;, ! i
..
•0 a * .EH
No 9804
0/ 4/0/00
1
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1
i Project Manual
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CITY OF FAYETTEVILLE
1
1 Cleveland Avenue
! Sidewalk Construction
1
1 BID # 2000-12
FAYETTEVILLE, ARKANSAS
1
JANUARY 2000
1
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Section 00005
TABLE OF CONTENTS
Cleveland Avenue
Sidewalk Construction
Section No. Title Pages
00005 Table of Contents ................................. 00005-1 to 00005-2
00020 Advertisement for Bids ............................00020-1
BIDDING REQUIREMENTS
00100 Instructions to Bidders .............................00100-1 to 00100-10
00300 Bid Form .......................................00300-1 to 00300-5
00350 Bid Bond ..................... ................ ..00350-1 to 00350-2
Notice of Selection ................................ 00350-3
CONTRACT FORMS AND CONDITIONS
00500 Agreement Form Between Owner & Contractor .........00500-1 to 00500-7
Construction Performance Bond - Exhibit A ............00500-8
Construction Payment Bond - Exhibit B ...............00500-9
Certificates of Insurance - Exhibit C ..................00500-10
Notice to Proceed .................................00500-11
00700 General Conditions ............................... 1 to 42
00800 SupplementaryConditions .......................... 00800-1 to 00800-13
SPECIFICATIONS
Division 1 - General Requirements
01010
01025
01027
01035
01040
01051
01060
,' 01090
01300
01310
01410
01500
01620
' 01630
01700
II
Summary of Work ................................
01010-1
to
01010-2
Measurement and Payment .........................
01025-1
to
01025-9
Applications for Payment ..........................
01027-1
to
01027-3
Modification Procedure ............................
01035-1
to
01035-3
Coordination and Meetings .........................
01040-1
to
01040-4
Construction Surveys ..............................01051-1
to
01051-2
Regulatory Requirements ...........................
01060-1
to
01060-3
Reference Standards and Abbreviations ...............
01090-1
to
01090-3
Submittals
to
01300-4
......................................01300-1
Progress Schedules................................01310-1
to
01310-2
Testing Laboratory Services ........................01410-1
to
01410-3
Construction Facilities & Temporary Controls ..........01500-1
to
01500-5
Storage and Protection .............................01620-1
to
01620-2
Product Options and Substitutions ....................
01630-1
to
01630-2
Contract Closeout
to
01700-5
.................................01700-1
I, City of Fayetteville 01/3/00 Page 00005-1
Division 2 - Site Work
02050
Demolition ......................................02050-1
to
02050-2
02100
Site Preparation ..................................
02100-1
to
02100-3
02220
Excavation and Embankment .......................
02220-1
to
02220-10
02230
Road Bed Preparation .............................
02230-1
to
02230-6
02261
Site Restoration ..................................
02261-1
to
02261-7
02270
Slope Protection and Erosion Control .................02270-1
to
02270-4
02500
Asphaltic Cement Paving ...........................
02500-1
to
02500-10
02900
Landscaping .....................................02900-1
to
02900-12
Division 3 - Concrete
03210
Reinforcing Steel .................................
03210-1
to
03210-3
03316
Miscellaneous Concrete Work .......................03316-1
to
03316-13
End of Section 00005
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City of Fayetteville 01/3/00 Page 00005-2
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Section 00020
ADVERTISEMENT FOR BIDS
Dates: January09 & 16, 2000
' 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 2:00 p.m. (local time) on Tuesday, January 25, 2000, for furnishing all tools, materials and labor
and performing the necessary work for the construction of Cleveland 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 ofexisting asphalt curb, asphalt pavement, concrete curb & gutter, driveways,
and sidewalk; and construction of approximately 1500 LF of concrete curb & gutter and sidewalk
' with associated earthwork, aggregate base, asphalt pavement, driveways, access ramps and all
items indicated in the Drawings and Specifications.
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 (Phone: 501-575-8206)
• 113 W. Mountain
Fayetteville, AR 72701
IThe 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
City of Fayetteville 01/3/00 Page 00020-1
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Section 00100
' INSTRUCTIONS TO BIDDERS
' 1 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
1 singular and plural thereof.
1.2 Bidder - one who submits a Bid directly to Owner as distinct from a sub -bidder, who submits a
1 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.
I1.4 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
i 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
I 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 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.
I
City of Fayetteville
07/12/99 Page 00100-1
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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 ofdoing 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 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 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.
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City of Fayetteville
07/12/99
Page 00100-2
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AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS
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.
INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA
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.
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
Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner
APPROXIMATE ESTIMATE OF QUANTITIES
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
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 ofall 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.
City of Fayetteville
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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
11
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8.1 Bids are due as indicated in the Advertisement For Bids. I
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.
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 rejectedas 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.
I
11
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.
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City of Fayetteville
07/12/99
Page 00100-4 1
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
Iperson 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.
1 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda.
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
Selection, Owner may annul the Notice of Selection 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 sixty (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 thirty (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
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.
City of Fayetteville 07/12/99 Page 00100-5
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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.
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.
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 maybe 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.
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City of Fayetteville
07/12/99
Page 00100-6
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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 ofmaterial 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.
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 afterbid 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.
City of Fayetteville
07/12/99 Page 00100-7
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.
18.8 Being in arrears on existing contracts, in litigation with Owner, or having defaulted on a previous
contract.
19 OPENING OF BIDS
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 amountsof the base
Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.
20 CONSIDERATION OF BIDS
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 Selection.
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 Selection.
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.
City of Fayetteville 07/12/99 Page 00100-8
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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.
22 AWARDING OF CONTRACT
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 sixty (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.
1 24 SIGNING OF AGREEMENT
24.1 When Owner gives a Notice of Selection to the Successful Bidder, it will be accompanied by the
number ofunsigned counterparts ofthe Agreement as indicated in the Supplementary Conditions,
' with all other written Contract Documents attached. Within twelve (12) 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 twelve
(12) 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.
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' City of Fayetteville 07/12/99 Page 00100-9
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 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 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.
27.1 Americans With Disabilities Act
27.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the
Arkansas Department of Environmental Quality (ADEQ) 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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City of Fayetteville
07/12/99
Page 00100-10
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Section 00300
BID FORM
Contract 2000-12
Cleveland Avenue
Sidewalk Construction
Fayetteville, Arkansas
APAe-ACt'/W5A5, ave.
• Bid of MCdoNrnN-ANCNOR DIV/S/ON (hereinafter called "Bidder"), a corporation, organized
and existing under the laws of the State of DECAWA,P.f, , or a partnership, or an individual
' doing business as
To: City of Fayetteville, (hereinafter called the "Owner"):
The Bidder, in compliance with the Owner's Advertisement For Bids on January 9 & January 16, 2000,
I. and having examined the drawings and specifications with related documents and the site ofthe proposed
work, and being familiar with all of the conditions surrounding the construction of the proposed project
including normal inclement weather conditions and the availability of materials, and labor, hereby
1 proposes to furnish all labor, materials, and equipment to construct the project in accordance with the
Contract Documents, within the time set forth therein, and at the prices stated below. These prices are
to cover all expenses incurred in performing the work required under the Contract Documents. The costs
e of miscellaneous material items not listed below that are required for a complete job shall be included
in the prices below and shall not be a cause for an extra.
Bidder hereby agrees to commence work under this contract on or before a date to be agreed upon by the
Contractor and the Owner and to substantially complete the project within 60 consecutive calendar days
thereafter as stipulated in the General Conditions and to fully complete the project within 90 consecutive
calendar days after that agreed date.
' Bidder acknowledges receipt of the following addendum
Addendum No. Subject
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City of Fayetteville
01/3/00
Page 00300-1
CLEVELAND A VENUE
SIDEWALK CONSTRUCTION
Item Estimated
No. Quantity Unit Description of Item and Unit Price Bid Total Amount
1 1 Lump Sum Mobilization
fl/44S rHOuu4Ac dollars ($ 5.A4 %9 )/LS $ 5000.00
amount written in words in figures in figures
2 700 Lin Ft Protective Fencing for Trees
f/YE dollars ($ S00 VLF $ 350D•Lt�
amount written in words in figures in figures
3 1 Lump Sum Maintenance of Traffic
5EYEN f/loL5AND a6$E /t w42e40 dollars ($ 75 'J.OD )/LS $ %5G__
amount written in words in figures in figures
4 1 Lump Sum Site Preparation
i/P ggc/ TNOU5ANVO dollars ($ /5.DDO.00 )/LS $ /SA9D.D6
amount written in words in figures in figures
5 160 Sq Yd Removal & Disposal of Concrete Driveways, Sidewalks, & Swale
FVe dollars ($ Ec)o )/SY $ 800.cb
amount written in words in figures in figures
6 600 Sq Yd Removal & Disposal of Asphalt Curb & Pavement
AMC dollars ($ 500 )/SY $ 3.0o0.ow
amount written in words in figures in figures
7 40 Lin Ft Removal & Disposal of Concrete Curb & Gutter
F/Y6 dollars ($ SO0 )/LF $ ZG19.00
amount written in words in figures in figures
City of Fayetteville 01/3/00 Page 00300-2
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8 275 Cu Yd Compacted Embankment (Select Hillside Material)
l/F'lE,EN dollars ($ /5.00 /CY
amount written in words
9 415 Tons Aggregate Base Course
TWENTY dollars ($ 20.00 )/TN
amount written in words
10 30 Cu Yd Portland Cement Concrete Base
,4&449ME'O SEVENTY EYE dollars ($ /%5.A0 )/CY
amount written in words
' 11 1500 Lin Ft Concrete Curb and Gutter
F/Cw t AND 75dollars ($ 8.75 )/LF
amount written in words
12 750 Sq Yd Concrete Sidewalk (4")
fwENrY FDU.¢ dollars ($ ?.00 )/SY
amount written in words
13 475 Sq Yd Concrete Driveway (6")
TN//ZTY dollars ($ SO.00 )/SY
amount written in words
I
14 100 Sq Yd Concrete Access Ramp (4")
1 T /2f1' dollars ($ 30.&V )/SY
amount written in words
1 15 30 Tons ACHM Surface Course (Type 2)
/xrY M' dollars ($ 105.00 )/TN
amount written in words
I
City of Fayetteville 01/3/00
$ 4.125000
in figures in figures
$ 8,341'9.00
in figures in figures
$ szso.00
in figures in figures
$
in figures in figures
$ /B.LYJD.OD
in figures in figures
$ /4, ZSO. Lb
in figures in figures
$ ?4W00
in figures in figures
$ /,950.00
in figures in figures
Page 00300-3
16 60 Cu Yd Imported Top Soil
rW NIY rive dollars
amount written in words
17 0.3 Acres Seeding and Mulching
rw.wy T g0s4wp dollars
amount written in words
($-75.0-0/CY
18 700 Lin Ft Silt Fence (Type E-4)
%Ollie AND X11619 dollars ($ 4.50 )/LF
amount wri en in words
19 25 Each Straw Bale
PPTF$N dollars ($_156t9 YEA
amount written in words
ONE HHUNOQEp ,euer,C-f„w 1llOUSAN/o
TOTAL BASE BID. ..�W..N.rr`•..IXFr . liIA8.1.
..........................
$ G5o10.00
in figures in figures
in figures in figures
$ ZAO.OO
in figures in figures
$ P? cy
in figures in figures
$ //4. azsoo
The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay item, and the
total bid. In case of conflict between words and figures, the words, unless obviously incorrect, shall govern.
City of Fayetteville 01/3/00 Page 00300-4
Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and
to waive any formalities in the bidding.
Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar days after the
scheduled closing time for receiving bids.
Respectfully submitted,
APAc'-Ad eA/VSASJ 1/Yd.
M4?,' TON-ANCHO,e 1/4'S/ON
Firm Name
By
Awr6/&/ AR 72 78Z
City State
O4//84/294
Arkansas State Contractor's License Number
End of Section 00300 - Bid Form
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NOTICE OF SELECTION
TO: MAC -Arkansas, Inc.,
McClinton -Anchor Division
P.O. Box 1367
Fayetteville, AR 72702
PROJECT DESCRIPTION: Cleveland Street Sidewalk Construction
The
OWNER has considered the BID
submitted
by
you
for the above described WORK in
response to
its Advertisement for Bids dated
January 9
&
16
, 2000 and Instructions to Bidders.
You are hereby notified that your BID has been accepted in the amount of:
One Hundred Fourteen Thousand Twenty -Five Dollars ($ 114,025.00)
You are required by the Instructions to Bidders to execute the Contract and furnish six (6)
original CONTRACTOR'S Performance BOND, Payment BOND, and Certificates Of Insurance
within twelve (12) calendar days from the date of this Notice to you.
If you fail to execute said Contract and to furnish said BONDS within twelve (12) days from
the date of this Notice, said OWNER will be entitled to consider all your rights arising of your BID
BOND. The OWNER will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF SELECTION to the
OWNER.
Dated this 18th day of February , 2000.
FAYETTEVILLE CITY ENGINEERING
By
Paul Libertine
Title Staff Engineer
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF SELECTION is hereby acknowledged
this the z_S1 /J day of FE5QUA2Y , 2000
By 24':
R C OVWW
Title ✓/!. Pae5/DENY E37IMArs NG FFR R 7 2 ?000
I
EXHIBIT A �x
1
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
1
THIS AGREEMENT is dated as of the day of ` in the year 2000 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 - Cleveland Street Sidewalk Construction: removal & disposal of existing asphalt
curb, asphalt pavement, concrete curb & gutter, driveways, and sidewalk; and construction of
approximately 1500 LF of concrete curb & gutter and sidewalk with associated earthwork,
aggregate base, asphalt pavement, driveways, access ramps and all items indicated in the
Drawings and Specifications.
Article 2. ENGINEER m
X
' The Project has been designed by I
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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City of Fayetteville
Page 00500-1
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Article 3. CONTRACT TIME.
3.1. The Work shall be substantially completed within 60 calendar days after the date when the
Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and
completed and ready for final payment in accordance withparagraphs 14.07.B & C of the General
Conditions within 90 calendar days after the date when the Contract Time commences to run.
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 ($200.00) for each day that expires after the time specified in paragraph
3.1 for Substantial Completion until the Work is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work
within the time specified in paragraph 3.1 for completion and readiness for final payment or any
proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two hundred
dollars 2($ 00.00) 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.
City of Fayetteville Page 00500-2
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11.
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PAYMENT ITEMS
Item
No.
Item Description
Unit
Estimated
Quantity
Unit Price
Extended
Price
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Mobilization
LS
1
$5,000.00
$5,000.00
2
Protective Fencing for Trees
LF
700
$5.00
$3,500.00
3
Maintenance of Traffic
LS
1
$7,500.00
$7,500.00
4
Site Preparation
LS
1
$15,000.00
$15,000.00
5
Removal & Disposal of Concrete Driveways, Sidewalks & Swale
SY
160
$5.00
$800.00
6
Removal and Disposal of Asphalt Curb & Pavement
SY
600
$5.00
$3,000.00
7
Removal and Disposal of Concrete Curb &Gutter
LF
40
$5.00
$200.00
8
Compacted Embankment (Select Hillside Material)
CY
275
$15.00
$4,125.00
9
Aggregate Base Course
TN
415
$20.00
$8,300.00
10
Portland Cement Concrete Base
CY
30
$175.00
$5,250.00
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Concrete Curb & Gutter
LF
1500
$8.75
$13,125.00
12
Concrete Sidewalk (4")
SY
750
$24.00
$18,000.00
13
Concrete Driveway (6")
SY
475
$30.00
$14,250.00
14
Concrete Access Ramp (4")
SY
100
$30.00
$3,000.00
15
ACHM Surface Course (Type 2)
TN
30
$65.00
$1,950.00
16
Imported Top Soil
CY
60
$25.00
$1,500.00
17
Seeding & Mulching
AC
0.3
$20,000.00
$6,000.00
18
Silt Fence (Type E 4)
LF
700
$4.50
$3,150.00
19
Straw Bale
EA
25
$15.00
$375.00
Total Base Bid Amount
$114,025.00
As provided in paragraph 11.03 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 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B of the General Conditions.
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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 and 5.1.2
below and SC -14.02. All such payments will be measured by the schedule of values established
in paragraph 2.07 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 paragraphs 14.02.B.5 & 14.02.D 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 paragraphs 14.02.B.5 & 14.02.D 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 paragraphs 14.02.B.5 & 14.02.D of the General Conditions.
5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.07.B & C of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraphs 14.07.E & C.
1
City of Fayetteville Page 00500-4
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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.
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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 4.02.A of the General Conditions.
CONTRACTOR accepts the determination set forth in paragraph SC -4.02 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 4.02 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.
' 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.
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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
tCity of Fayetteville Page 00500-5
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:
This Agreement (pages 1 to 8, inclusive).
Performance and Payment Bonds, (Exhibits A and B respectively).
Certificates of Insurance, (Exhibit C).
Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D).
General Conditions (pages 1 to 42, inclusive).
Supplementary Conditions (pages 1 to 15, inclusive).
Specifications consisting of Divisions 1 through 16 as listed in table
thereof.
Addenda numbers _ to _, inclusive.
Drawings (not attached hereto) consisting of a cover sheet and sheets numbered I through
6, inclusive with each sheet bearing the following general title:
Cleveland Avenue Sidewalk Construction
City of Fayetteville Page 00500-6
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7.10. The following which maybe delivered or issued after the Effective Date of the Agreement
and are not attached hereto:
7.10.1. Notice to Proceed
7.10.2. All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.04 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 paragraph 3.04 ofthe 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 thereofwith a valid and enforceable provision that comes
as close as possible expressing the intention of the stricken provision.
City of Fayetteville Page 00500-7
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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.
This Agreement will be effective on , 2000 (which is the Effective Date of
the Agreement).
OWNER: City of Fayetteville CONTRACTOR: APAC-Arkansas, Inc.,
McClinton -Anchor Division
• By: By:
Mayor Fred Hanna James A. Cole
Vice President
Title
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[CORPORATE SEAL]
Attest
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.)
[CORPORATE SEAL]
Attest
Address for giving notices
License No. 0011841299
Agent for service of process:
The Corporation Company
417 Spring Street
Little Rock, AR 72201
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
City of Fayetteville Page 00500-8
•
Arkansas Statutory Performance and Payment B n jj�� 22 p p 2
UUECE VED
APAC-ARKANSAS, INC., MCCLINTON-ANCHOR DIVISION rrp 72 P fl
as Principal, hereinafter called Principal, and
LIBERTY MUTUAL INSURANCE COMPANY --------
as Surety, hereinafter called Surety, are held and firmly lound unto
CITY OF FAYETTEVILLE, ARKANSAS
as Obligee, hereinafter called Owner, in the amount of
ONE HUNDRED FOURTEEN THOUSAND TWENTY FIVE AND NO/100
($114,025.00) * * *
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:
' CLEVELAND AVENUE SIDEWALK CONSTRUCTION
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
I. 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
1• 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-ARKANSAS, INC., MCCLINTON-ANCHOR DIVISION
By: y
LIBERTY MUAL INSURANCE COMPANY 9.? = ='
By:
igh ho Attocnej�=,infact- `''
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. C 9 Z p 5 p
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This 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
mutual insurance company,: pursuant to and by authority,_of the -'_By-law and authorization .-hereinafter set forth, does hereby name,
constitute and appoint, KNIGHT CASHION, BENSONA. CASHION, MATTHEW KNIGHT CASHION, JR.,
WILLIAM R. PLEGGE, WILLIAM H :GRIFFIN,`JUDY SCHOGGEN, SHEILLA J SMITH, ALL OF THE CITY OF
LITTLE.R0CK, STATE OF ARKANSAS....
............ .. ........ . . .. ,::.:... ..........• - ...............................
........ ...... .... ...............................
................. ................... : ....... .. . :: . ... .. ..t-----................. ..................
each individually if there be more than one named, its tine and.tawfutattorney-in fact to make, exec6te,_seal, acknowledge and deliver, for and on its
behalf as surety -and as its act and deed,-ahy and all undertakings;: bondsrecogrnzances,and other suretyobligatons in the penal sum not exceeding
TWENTY-FIVE MILLION AND 001100nfl *"*fhlk DOLLARS ($ 25,000,00000**'** ) 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. '
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
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.
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 has been affixed theret in Plymouth -Meeting, Pennsylvania this 1 ct day of Octnber I 1099
4c) LIBERTY MUTUAL INSURANCE COMPANY
By Garnet W. Elliott, istant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this "1st" day
me to be the therein desbe
ged that he executed thLsarE
seal and his signatu
IN TESTIMO " ARE'
OF
land
the s
er - "A.D,; 1999
of Liberty Mutual Insurancf
sod to the said:preceding it
fixed and subscribed to the
land and affix my official se
"NOTAaLAL SEAL "
ONNA LSHIELDS. Notary Public
before me, a N(
came the individual, known to
instrument, and he acknowled-
mpany: and that said corporate
i of the said company:
year first above written
`Q --- Plymoullt79yr IuonigomeryCount i NOtery Public\cay
a t+Ty Commrsvort Eipres Feb.2TbAtE --
2Ot
I, the undersignptJitdJe6etariof. Liberty Mutual Insurance Company, do hereby certify that the onginal power of attorney of which the
foregoing is a full, true and c copy,js m' full force and effect On the dale 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 chairman or 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 meeting duly called and held on the 12th day of March, 1980., 2�; « r.y . .
VOTED that the facsimile or mechanically reproduced signature,of any assistant•secretary of the company wherever appearing upon a certified
copy of any power of attorney issued by the company, shalt,Nbe valid and -binding upon the company with the same force and effect as
though manually affixed:
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed -the - )corporateseal of the said company, this day of
.gym ; stant Secretary
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER October 1 ,20 n1 .
CERTIFICATE OF INSURANCE
008230
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
Name and Address of Agency
Company Companies Affording Coverages
United Service Agency, Inc.
Letter
Post Office Box 11765
A
Pacific Employers Insurance
Company
Lexington, Kentucky 40577
B
C
Name and Address of Insured
D
APAC-Arkansas, Inc.
E
McClinton -Anchor Division
F
P.O. Box 1367
G
240 North Block Street
H
Fayetteville, AR 72702
I
This 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 (0001
Letter
Type of Insurance
Policy Number
Expiration
Each
Policy
Date
Occurrence
Aggregate
GENERAL LIABILITY
PERSONAL INJURY
A
N COMPREHENSIVE FORM
* LAB 26609
12/01/01
INCLUDING
BODILY INJURY
$
$
®PREMISES OPERATIONS
N EXPLOSION AND COLLAPSE
Effuective.
PROPERTY DAMAGE
$
$
HAZARD
N UNDERGROUNDHAZMD
12/1/98
PRODUCTS I COMPLETED
OPERATIONS HAZARD
®CONTRACTUAL INSURANCE
PERSONAL INJURY.
®BROAD FORM PROPERTY
BODILY INJURY AND
PROPERTY DAMAGE
$ 2,000
$ 2,000
DAMAGE
INDEPENDENT CONTRACTORS
COMBINED
N PERSONAL INJURY
AUTOMOBILE LIABILITY
BOOILVINJURY(EACH
$
N COMPREHENSNE FORM
* LAB 26609
12/01/01
INJURY EACH
OCCURENCEI
$
A
®OWNED
u
Effective:
PROPERTY DAMAGE
$
j200101
N HIRED
BODILY INJURY AND
N NON.OWNED
12/1 /98
PROPERTY DAMAGE
$
COMBINED
EXCESS LIABILITY
® UMBRELLA FORM
BODILY INJURY AND
PROPERTY DAMAGE
$
$
❑ OTHER THAN UMBRELLA FORM
COMBINED
WLR C4 266134-A
STATUTORY
WORKERS' COMPENSATION
SCF C4 265438-3
12/01/00
A
and
EMPLOYERS' LIABILITY
$ 1,000
EACH ACCIDENT)
$
$
$
$
DESCRIPTION OFOPERATIONSILOCATIONSNEHICLES •
SEE REVERSE SIDE.
Cleveland Avenue Sidewalk Construction
Coverage is Primary and not in addition to, or contributing with, any other insurance.
CANCELLATION: Should any of the above described policies be cancelled or materially changed
before the expiration date thereof, the issuing company
will mail 30 days written notice
to the below named certificate holder.
Name and Address of Certificate Holder
Date Issued: February 18, 2000
City of Fayetteville
F y tt Mountain
Fayetteville, AR 72701
j
4,a_1<. �(,{
AUTHORIZED SIGNATURE
*City of Fayetteville shall be an additional insured, but only if required by written contract between City of
Fayetteville 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.. '
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ATTACHES TO POLICY NUMBER: ST -260 5049 ENDORSEMENT NUMBER: 98-652
' POLICY TERM: 10/01/1998 TO 10/01/2001 EFFECTIVE DATE: 2/18/00
LOSS PAYABLE ENDORSEMENT AND CERTIFICATE OF INSURANCE
INSURED: APAC-Arkansas, Inc.
'LOCATION: McClinton -Anchor Division, PO Box 1367, Fayetteville, AR 72702
The interest APAC-Arkansas, Inc. and City of Fayetteville (Payee) AIMA
'in same as above/113 W Mountain, Fayetteville, AR 72701
is covered for an amount not exceeding *SEE BELOW
and loss is payable to APAC-Arkansas, Inc. and City of Fayetteville (Payee) AIMA
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,
all in accordance with forms attached to policy listed below and subject to the limitations thereof, is in force
under 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
'said Payee.
*Full insurable replacement value of property not to exceed $114,025.00
' Should 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: Cleveland Avenue Sidewalk Construction, bid #2000-12; Contract amount $114,025.00
Builder's Risk/All-Risk Floater
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' STARR TECHNICAL RISKS AGENCY, INC.
1
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nc,
Via Overnight
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FEB222Gt�
P.O. Box 11765 —Lexington, Kentucky 40577—(606) 269-9606 FAX (606) 357-7430
MR GARY SCHUSTER
APAC-ARKANSAS, INC.
McCLINTON-ANCHOR DIVISION
PO Box 1367
FAYETTEVILLE, AR 72702
Dear Gary:
February 18, 2000
Re: Owner's Protective Policy
Policy Number: GLP Cl 98 94 80 0
City of Fayetteville
Enclosed please find the original and one copy of the above captioned Owner's Protective Policy
along with applicable endorsements. Also enclosed is one (1) original and one (1) Property
certificate for this project.
I trust you will find the enclosed in order; however, please call if you have any questions.
1
Enclosures
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cc: Bob Stokesberry (w/ attach)
Loretta Battaglia (w/ attach)
Very truly yours,
Jo�G
tafilou
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❑ CIGNA Property and Casualty Insurance Company ❑ CIGNA Insurance Company
❑ CIGNA Fire Underwriters Insurance Company
❑ Bankers Standard Insurance Company
❑ Century Indemnity Company
DECLARATIONS - GENERAL LIABILITY POLICY
City of Fayetteville
113 W Mountain
Fayetteville, AR 72701
NAMED INSURED IS : CORPORATION
BUSINESS OF INSURED : TRANSPORTATION
❑ Indemnity Insurance Company of North America
❑ Insurance Company of North America
® Pacific Employers Insurance Company
POLICY IDENTIFICATION
GLP Cl 98 94 80 0
PRODUCER
CODE: 274718 COMM:
United Service Agency, Inc.
P.O. Box 11765
Lexington, KY 40577
MARKETING OFFICE: 551
MARKET HAZARD CODE:
PIIC CODE:
POLICY PERIOD FROM February 18, 2000 TO See Endorsement No. 2
12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE
PREMIUM PAYMENT CONDITIONS
AUDIT PERIOD : NONE
PAYMENT FREQUENCY NONE
PAYMENT SCHEDULE NONE
TOTAL ADVANCE PREMIUM :$ AS AGREED
PREMIUMS RESULTING FROM AUDIT ARE NOT INCLUDED IN THE ABOVE.
1D-8ORIGINAL ❑ ❑ PROCESSING COPY UNDERWRITING COPY ❑ AGENTS COPY ❑ EXTRA COPY
E00a Printed in USA (Ed. 10/87) Cat. No. AA 067280a
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POLICY IDENTIFICATION
DECLARATIONS — GENERAL LIABILITY POLICY Page 2 cLP Cl 98 94 80 0
COVERAGES AND LIMITS OF INSURANCE
In return for the payment of premium indicated above, we agree with you to provide the following coverage(s) at the
limits shown, subject to all of the terms and conditions of this policy.
Coverage Form: Owners' Protective Liability Insurance Limits of Insurance
Form LD-2478, Endorsement Nos. 1,2 and 3
Aggregate Limit (Each Annual Period) $ 2, 000, 000.00
Each Occurrence Limit $ 2, 000, 000.00
Deductible Amount (this reduces the Limit of Insurance shown $ -0-
as applicable to each "Occurrence")
CONTRACTOR INFORMATION
Description of Operations:
3 15292 Construction
Operations Owner (not railroads)
including Operations on Board Ships Job Cost $114,025.00
Name and Address of Designated Contractor:
APAC-Arkansas, Inc.
McClinton -Anchor Division
240 North Block
Fayetteville, AR 72702
Name and Address of Involved Governmental Authority or other contracting party (if applicable):
SCHEDULE OF LOCATIONS
LOCATION NUMBER AND ADDRESS
Cleveland Avenue Sidewalk Construction
S
ID-2ORIGINAL ❑ UNDERWRITING
478 (Ed. 3/87) Printed in U.S.A.
AGENT
PREMIUM AUDIT
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Named Insured
Endorsement Number
City of Fayetteville
1
Policy Symbol
Policy Number
Policy Period
Effective Date of Endorsement
GLP
G1 98 94 80 0
See Endorsement No. 2
2/18/00
Issued by (Name of Insurance Company)
Pacific Employers Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement Is issued subsequent to the preparation of the
policy.
AMENDMENT TO CANCELLATION CONDITION
In Section IV - Conditions No. 2.b.(1) & (2) is
amended to read as follows:
"This policy may be canceled by the Company by mailing
to the Named Insured and the contractor at the respec-
tive addresses shown in this policy, written notice
stating when not less than SIXTY days thereafter such
cancellation shall be effective."
LILT
02-18-00
47
Authorized Agent
C
Named Insured Endorsement Number
City of Fayetteville 2
' Policy Symbol Policy Number Policy Period Effective Date of Endorsement
GLP G1 98 94 80 0 See Below 2/18/00
Issued by (Name of Insurance Company)
'Pacific Employers Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the
policy.
POLICY PERIOD
It is hereby understood and agreed that the Policy Pe-
riod is extended to expire on the latest of the fol-
' lowing dates:
(1) at project completion
' (2) at date required on job contract
' (3) at date of acceptance of job contract by the
Named Insured
LILT
02-18-00
' G. G7
Authorized Agent
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Named Insured
Endorsement Number
City of Fayetteville
3
Policy Symbol
Polity Number
Policy Period
Effective Date of Endorsement
GLP
Gi 98 94 80 0
See Endorsement No. 2
2/18/00
Issued by (Name of Insurance Company)
Pacific Employers Insurance Company
Insert the policy number. The remainder of the Information Is to be completed only when this endorsement Is issued subsequent to the preparation of the
policy.ADDITIONAL
EXCLUSIONS
(A) Engineers, Architects or Surveyors Professional
Liability Exclusion
It is agreed that this Policy does not apply to
bodily injury or property damage arising out of
the rendering of or the failure to render any
professional services by or for the Named In-
sured, including
(1) the preparation or approval of maps, plans,
opinions, reports, designs or specifications
and
(2) supervisory, inspection or engineering serv-
ices
(B) Absolute Asbestos Exclusion
It is agreed that this Policy does not apply to
bodily injury or property damage directly or in-
directly caused by asbestos.
(C) Absolute Pollution Exclusion
Exclusion (j) in form CG009 01 96 is deleted and
replaced with the following:
"(i) to bodily injury or property damage arising
out of the discharge, dispersal, release or
escape of smoke, vapors, soot, fumes, acids,
alkalis, toxic chemicals, liquids or gases,
waste materials or other irritants, contami-
nants or pollutants into or upon land, the
atmosphere or any water course or body of
water."
JLT 02-18-00
L`"Authorized
Agent
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I COMMERCIAL GENERAL LIABILITY
CG 00 09 07 98
OWNERS AND CONTRACTORS PROTECTIVE
LIABILITY COVERAGE FORM - COVERAGE
' FOR OPERATIONS OF DESIGNATED CONTRACTOR
Various provisions of this policy restrict coverage. b. This insurance applies to "bodily injury" and
' Read the entire policy carefully to determine rights, "property damage" only if:
duties and what is and is not covered. (1) The "bodily injury" or "property damage" is
Throughout this policy the words "you" and "your" caused by an "occurrence" and arises out
refer to the Named Insured shown in the Declarations. of:
'
The words "we", "us" and our' refer to the Company (a) Operations performed for you by the
providing this insurance. "contractor" at the location specified in
The word "insured" means any person or organization the Declarations; or
' qualifying as such under Section II — Who Is An (b) Your acts or omissions in connection
Insured, with the general supervision of such
Other words and phrases that appear in quotation operations; and
' marks have special meaning. Refer to Section V — (2) The "bodily injury" or "property damage"
Definitions, occurs during the policy period.
SECTION I - COVERAGES c. Damages because of "bodily injury" include
' BODILY INJURY AND PROPERTY DAMAGE damages claimed by any person or
LIABILITY organization for care, loss of services or death
1. Insuring Agreement resulting at any time from the "bodily injury".
' a. We will pay those sums that the insured 2. Exclusions
becomes legally obligated to pay as damages This insurance does not apply to:
because of "bodily injury" or "property damage" a. Expected Or Intended Injury
to which this insurance applies. We will have
the right and duty to defend the insured against "Bodily injury" or "property damage" expected
any "suit" seeking those damages. However, or intended from the standpoint of the insured.
we will have no duty to defend the insured This exclusion does not apply to "bodily injury"
against any "suit' seeking damages for "bodily resulting from the use of reasonable force to
' injury" or "property damage" to which this protect persons or property.
insurance does not apply. We may, at our b. Contractual Liability
discretion, investigate any "occurrence" and "Bodily injury" or "property damage" for which
' settle any claim or "suit" that may result. But: the insured is obligated to pay damages by
(1) The amount we will pay for damages is reason of the assumption of liability in a
limited as described in Section III — Limits contract or agreement. This exclusion does not
Of Insurance; and apply to liability for damages:
(2) Our right and duty to defend end when we (1) That the insured would have in the absence
have used up the applicable limit of of the contract or agreement; or
insurance in the payment of judgments or
'
settlements.
No other obligation or liability to pay sums or
perform acts or services is covered unless
' explicitly provided for under Supplementary
Payments.
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(2) Assumed in a contract or agreement that is
an "insured contract',provided the "bodily
injury" or "property damage" occurs
subsequent to the execution of the contract
or agreement. Solely for the purposes of
liability assumed in an "insured contract",
.reasonable attorney fees and necessary
litigation expenses incurred by or for a party
other than an insured are deemed to be
damages because of "bodily injury" or
"property damage", provided:
(a) Liability to such party for, or for the cost
of, that party's defense has also been
assumed in the same "insured contract";
and
(b) Such attorney fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which damages
to which this insurance applies are
alleged.
c. Work Completed Or Put To Intended Use
"Bodily injury" or "property damage" which
occurs after the earlier of the following times:
(1) When all "work" on the project (other than
service, maintenance or repairs) to be
performed for you by the "contractor" at the
site of the covered operations has been
completed; or
(2) When that portion of the "contractor's"
"work", out of which the injury or damage
arises, has been put to its intended use by
any person or organization, other than
another contractor or subcontractor working
directly or indirectly for the "contractor" or
as part of the same project.
d. Acts Or Omissions By You And Your
Employees
"Bodily injury" or "property damage" arising out
of your, or your "employees' ", acts or
omissions other than general supervision of
"work" performed for you by the "contractor".
e. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any similar
law.
f. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of
(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with or
repay someone else who must pay
damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
g. Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy;
(2) Property loaned to you;
(3) Personal property in the care, custody or
control of the insured; or
(4) "Work" performed for you by the
"contractor".
h. War
"Bodily injury" or "property damage" due to war,
whether or not declared, or any act or condition
incident to war. War includes civil war,
insurrection, rebellion or revolution. This
exclusion applies only to:
(1) Liability assumed under an "insured
contract"; or
(2) Expenses for first aid.
i. Mobile Equipment
"Bodily injury" or "property damage" arising out
of the use of "mobile equipment' in, or while in
practice for, or while being prepared for, any
prearranged racing, speed, demolition, or
stunting activity.
j. Pollution
(1) "Bodily injury" or "property damage" arising
out of the actual, alleged or threatened
discharge, dispersal, seepage, migration,
release or escape of "pollutants":
(a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or rented or loaned to, any
insured. However, this subparagraph
does not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot from equipment
used to heat that building; ,
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(ii) "Bodily injury" or "property damage" (e) At or from any premises, site or location
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arising out of heat, smoke or fumes on which any insured or any contractors
from a "hostile fire"; or subcontractors working directly or
(b) At or from any premises, site or location indirectly on any insured's behalf are
' which is or was at any time used by or performing operations if the operations
for any insured or others for the are to test for, monitor, clean up,
handling, storage, disposal, processing remove, contain, treat, detoxify or
or treatment of waste; neutralize, or in any way respond to, or
' (c) Which are or were at any time
assess the effects of "pollutants".
(2) Any loss, cost or expense arising out of any:
transported, handled, stored, treated,
disposed of, or processed as waste by (a) Request, demand, order or statutory or
' or for any insured or any person or regulatory requirement that any insured
organization for whom you may be or others test for, monitor, clean up,
legally responsible; or remove, contain, treat, detoxify or
' (d) At or from any premises, site or location neutralize, or in any way respond to, or
on which any insured or any contractors assess the effects of "pollutants"; or
or subcontractors working directly or (b) Claim or suit by or on behalf of a
indirectly on any insured's behalf are governmental authority for damages
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performing operations if the "pollutants" because of testing for, monitoring,
are brought on or to the premises, site or cleaning up, removing, containing,
location in connection with such treating, detoxifying or neutralizing, or in
' operations by such insured, contractor any way responding to, or assessing the
or subcontractor. However, this effects of "pollutants".
subparagraph does not apply to: However, this paragraph does not apply to
(i) "Bodily injury" or "property damage" liability for damages because of "property
'
arising out of the escape of fuels, damage" that the insured would have in the
lubricants or other operating fluids absence of such request, demand, order or
which are needed to perform the statutory or regulatory requirement, or such
normal electrical, hydraulic or claim or "suit' by or on behalf of a
mechanical functions necessary for governmental authority.
the operation of "mobile equipment' k. Damage To Impaired Property Or Property
or its parts, if such fuels, lubricants or Not Physically Injured
' other operating fluids escape from a
vehicle part designed to hold, store "Property damage" to "impaired property" or
or receive them. This exception does property that has not been physically injured,
not apply if the "bodily injury" or arising out of:
' "property damage" arises out of the (1) A defect, deficiency, inadequacy or
intentional discharge, dispersal or dangerous condition in "work" performed for
release of the fuels, lubricants or you by the "contractor"; or
' other operating fluids, or if such (2) A delay or failure by you or anyone acting
fuels, lubricants or other operating on your behalf to perform a contract or
fluids are brought on or to the agreement in accordance with its terms.
premises, site or location with the
' intent that they be discharged, This exclusion does not apply to the loss of use
dispersed or released as part of the of other property arising out of sudden and
operations being performed by such accidental physical injury to "work" performed
insured, contractor or subcontractor; for you by the "contractor".
' (ii) "Bodily injury" or "property damage" SUPPLEMENTARY PAYMENTS
sustained within a building and 1. We will pay, with respect to any claim we
caused by the release of gases, investigate or settle, or any "suit" against an
' fumes or vapors from materials insured we defend:
brought into that building in
connection with operations being a. All expenses we incur.
performed by or on behalf of any b. Up to $250 for cost of bail bonds required
'
insured; or because of accidents or traffic law violations
(Iii) "Bodily injury" or "property damage" arising out of the use of any vehicle to which
this insurance applies. We do not have to
arising out of heat, smoke or fumes
furnish these bonds.
' from a "hostile fire".
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C. The cost of bonds to release attachments, but
only for bond amounts within the applicable
limit of insurance. We do not have to furnish
these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or "suit",
including actual loss of earnings up to $250 a
day because of time off from work.
e. All costs taxed against the insured in the "suit'.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
g. All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment that
is within the applicable limit of insurance.
h. Expenses incurred by the insured for first aid
administered to others at the time of an
accident, for "bodily injury" to which this
insurance applies.
These payments will not reduce the limits of
insurance.
2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a party
to the "suit', we will defend that indemnitee if all of
the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed
the liability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability assumed
by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured in the same "insured
contract';
d. The allegations in the "suit" and the information
we know about the "occurrence" are such that
no conflict appears to exist between the
interests of the insured and the interests of the
indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit' and agree that
we can assign the same counsel to defend the
insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or.defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit";•
(c) Notify any other insurer whose coverage
is available to the indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable insurance
available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit'.
So long as the above conditions are met, attorneys
fees incurred by us in the defense of that
indemnitee, necessary litigation expenses incurred
by us and necessary litigation expenses incurred
by the indemnitee at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I —
Coverages — Bodily Injury And Property Damage
Liability, such payments will not be deemed to be
damages for "bodily injury" and "property damage"
and will not reduce the limits of insurance.
Our obligation to defend an insured's indemnitee
and to pay for attorneys fees and necessary
litigation expenses as Supplementary Payments
ends when:
a. We have used up the applicable limit of
insurance in the payment of judgments or
settlements; or
b. The conditions set forth above, or the terms of
the agreement described in Paragraph f.
above, are no longer met.
SECTION II - WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to their duties as partners or members
of a joint venture.
C. A limited liability company, you are an insured.
Your members are also insureds, but only with
respect to their duties as members of a limited
liability company. Your managers are insureds,
but only with respect to their duties as your
managers.
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d. An organization other than a partnership, joint
venture or limited liability company, you are an
insured. Your "executive officers" and directors
are insureds, but only with respect to their
duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
2. Each of the following is also an insured:
a. Any person (other than your "employee") or
any organization while acting as your real
estate manager.
b. Any person or organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
c. Your legal representative if you die, but only
with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.
No person or organization is an insured with respect
to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown
as a Named Insured in the Declarations.
SECTION III - LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. The Aggregate Limit is the most we will pay for the
sum of damages because of all "bodily injury" and
"property damage".
3. Subject to 2. above, the Each Occurrence Limit is
the most we will pay for the sum of damages
because of all "bodily injury" and "property
damage" arising out of any one "occurrence".
If you designate more than one project in the
Declarations, the Aggregate Limit shall apply
separately to each project.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
SECTION IV - CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured will not
relieve us of our obligations under this Coverage
Part.
2. Cancellation
a. The first Named Insured shown in the
Declarations may cancel this policy by mailing
or delivering to us advance written notice of
cancellation.
b. We may cancel this policy by mailing or
delivering to the first Named Insured and the
"contractor" written notice of cancellation at
least:
(1) 10 days before the effective date of
cancellation if we cancel for non-payment of
premium; or
(2) 30 days before the effective date of
cancellation if we cancel for any other
reason.
c. We will mail or deliver our notices to the
first
Named Insured's and the "contractors"
last
mailing address known to us.
d. Notice of cancellation will state the effective
date of cancellation. The policy period will
end
on that date.
e. If this policy is cancelled, we will send
the
"contractor' any premium refund due. If
we
cancel, the refund will be pro rata. If the
first
Named Insured cancels, the refund may
be
less than pro rata. The cancellation will
be
effective even if we have not made or offered a
refund.
f. If notice is mailed, proof of mailing will be
sufficient proof of notice.
3. Changes
This policy contains all the agreements between
you, the "contractor" and us concerning the
insurance afforded. The first Named Insured
shown in the Declarations and the "contractor" are
authorized to make changes in the terms of this
policy with our consent. This policy's terms can be
amended or waived only by endorsement issued
by us and made a part of this policy.
4. Duties In The Event Of Occurrence, Claim Or
Suit
a. You must see to it that we are notified as soon
as practicable of an "occurrence" which may
result in a claim. To the extent possible, notice
should include:
(1) How, when and where the "occurrence"
took place;
' CG 00 09 07 98 Copyright, Insurance Services Office, Inc., 1997 Page S of 8 O
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence".
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit' and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written
notice of the claim or "suit' as soon as
practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit';
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit'; and
(4) Assist us, upon our request, in the
enforcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
5. Examination Of Your Books And Records
We may examine and audit your books and
records as well as the "contractors" books and
records as they relate to this policy at any time
during the policy period and up to three years
afterward.
6. Inspections And Surveys
We have the right but are not obligated to:
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find; and
c. Recommend changes.
Any inspections, surveys, reports or
recommendations relate only to insurability and the
premiums to be charged. We do not make safety
inspections. We do not undertake to perform the
duty of any person or organization to provide for
the health or safety of workers or the public. And
we do not warrant that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.
This condition applies not only to us, but also to
any rating, advisory, rate service or similar
organization which makes insurance inspections,
surveys, reports or recommendations.
7. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a "suit' asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with..
A person or organization may sue us to recover on
an agreed settlement or on a final judgment
against an insured obtained after an actual trial;
but we will not be liable for damages that .are not
payable under the terms of this Coverage Part or
that are in excess of the applicable limit of
insurance. An agreed settlement means a
settlement and release of liability signed by us, the
insured and the claimant or the claimant's legal
representative.
8. Other Insurance
The insurance afforded by this Coverage Part is
primary insurance and we will not seek
contribution from any other insurance available to
you unless the other insurance is provided by a
contractor other than the designated "contractor'
for the same operation and job location designated
in the Declarations. Then we will share with that
other insurance by the method described below.
If all of the other insurance permits contribution by
equal shares, we will follow this method also.
Under this approach, each insurer contributes
equal amounts until it has paid its applicable limit
of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute by
limits. Under this method, each insurer's share is
based on the ratio of its applicable limit of
insurance to the total applicable limits of insurance
of all insurers.
9. Premiums
The "contractor":
a. Is responsible for the payment of all premiums;
and
b. Will be the payee for any return premiums we
pay.
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10. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period. Audit
premiums are due and payable on notice to the
'contractor'. If the sum of the advance and
audit premiums paid for the policy period is
greater than the earned premium, we will return
the excess to the "contractor'.
c. The 'contractor' must keep records of the
information we need for premium computation,
and send us copies at such times as we may
request.
11.Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
12.Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any
payment we have made under this Coverage Part
those rights are transferred to us. The insured
must do nothing after loss to impair them. At our
request, the insured will bring "suit' or transfer
those rights to us and help us enforce them.
13. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the
expiration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V - DEFINITIONS
1. "Auto" means a land motor vehicle, trailer or
semitrailer designed for travel on public roads,
including any attached machinery or equipment.
But "auto" does not include "mobile equipment'.
2. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these at any time.
3. "Contractor" means the contractor designated in
the Declarations.
4. "Employee" includes a "leased worker".
"Employee" does not include a "temporary worker".
5. "Executive officer' means a person holding any of
the officer positions created by your charter,
constitution, by-laws or any other similar governing
document.
6. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
7. "Impaired property" means tangible property, other
than work performed for you, that cannot be used
or is less useful because:
a. It incorporates work performed for you that is
known or thought to be defective, deficient,
inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract
or agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or removal
of the work performed for you; or
b. Your fulfilling the terms of the contract or
agreement.
8. "Insured contract" means:
a. A lease of premises;
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality; or
e. An elevator maintenance agreement.
9. "Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties
related to the conduct of your business. "Leased
worker' does not include a "temporary worker'.
10."Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next to
premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equipment
such as graders, scrapers or rollers;
ICG 00 09 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 7 of 8
e. Vehicles not described in a., b., c. or d. above
that are not self-propelled and are maintained
primarily to provide mobility to permanently
attached equipment of the following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in a., b., c. or d. above
maintained primarily for purposes other than
the transportation of persons or cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are.not "mobile equipment' but will
be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction
or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.
11."Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
12."Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
13."Property damage" means:
a. Physical injury to tangible property, including all
resulting loss of use of that property. All such
loss of use shall be deemed to occur at the
time of the physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall be
deemed to occur at the time of the "occurrence"
that caused it.
14."Suit" means a civil proceeding, brought in the
United States of America (including its territories
and possessions), Puerto Rico or Canada, in
which damages because of "bodily injury" or
"property damageto which this insurance applies
are alleged. "Suit' includes:
a. An arbitration proceeding in which. such
damages are claimed and to which the insured
must submit or does submit with our consent;
or
b. Any other alternative dispute resolution
proceeding in which such damages are claimed
and to which the insured submits with our
consent.
15."Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or short-
term workload conditions.
16."Work" includes materials, parts or equipment
furnished in connection with the operations.
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This document has important legal cons uences; consultation with an attorney is encouraged with respect to its use or
modification. This document should 8j adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
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STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
All
Issued and Published Jointly By
S� National Society of 4a5cE
Professional Engineers
AMERICAN CONSULTING Professional Engineers in Private Practice AMERICAN SOCIETY OF
ENGINEERS COUNCIL CIVIL ENGINEERS
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
' AMERICAN CONSULTING ENGINEERS COUNCIL
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AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General w c Contractors of America
Construction Specifications Institute
/�'�j .a.K.t.d
These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910-
8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other.
Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the
preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17)
(1996 Edition).
EJCDC No. 1910-8 (1996 Edition)
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Copyright ®1996
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Consulting Engineers Council
1015 15th Street N.W., Washington, DC 20005
American Society of Civil Engineers
345 East 47th Street, New York, NY 10017
00700-2
TABLE OF CONTENTS
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ARTICLE 1- DEFINITIONS AND TERMINOLOGY ..................................... 00700 -6
1.01 Defined Terms ................................................... 00700-6
1.02 Terminolo 00700 -8
ARTICLE 2 - PRELIMINARY MATTERS ............................. 4 .............. 00700 - 9
2.01 Delivery of Bonds ................................................. 00700 - 9
2.02 Copies of Documents ............................................... 00700 - 9
2.03 Commencement of Contract Times; Notice to Proceed ..........................00700-9
2.04 Starting the Work ................................................. 00700 9
2.05 Before Starting Construction .......................................... 00700 - 9
2.06 Preconstruction Conference .......................................... 00700 - 10
2.07 Initial Acceptance of Schedules ........................ 4 ............... 00700-10
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .................... 00700-10
3.01 Intent 00700 - 10
3.02 Reference Standards .............................................. 00700 - 10
3.03 Reporting and Resolving Discrepancies ................................... 00700-11
3.04 Amending and Supplementing Contract Documents ........................... 00700-11
3.05 Reuse of Documents .............................. 00700 - 11
.................
ARTICLE 4- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS 00700 - 11
4.01 Availability of Lands .............................................. 00700 - 11
4.02 Subsurface and Physical Conditions 00700-12
4.03 Differing Subsurface or Physical Conditions ................................ 00700-12
_ 13
4.04 Underground Facilities ........................................... . .
4.05 Reference Points ................................................. 00700 - 13
4.06 Hazardous Environmental Condition at Site ................................ 00700 - 14
ARTICLE 5 - BONDS AND INSURANCE ........................................... 00700 - 15
5.01 Performance, Payment, and Other Bonds ................................. 00700 - 15
5.02 Licensed Sureties and Insurers ............... 00700 15
.........................
5.03 Certificates of Insurance ............................................ 00700 - 15
5.04 CONTRA CTOR's Liability Insurance .................................... 00700 - 15
00700 - 16
5.05 OWNER's Liability Insurance .................................. • .. ' • ' • 00700 - 16
5.06 Property Insurance .............................................. .
5.07 Waiver of Rights ................................................. 00700 - 17
5.08 Receipt and Application of Insurance Proceeds .............................. 00700-18
5.09 Acceptance of Bonds and Insurance; Option to Replace ........................ 00700-18
5.10 Partial Utilization, Acknowledgment of Property Insurer ........................ 00700- 18
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 00700-18
6.01 Supervision and Superintendence ....................................... 00700 - 18
6.02 Labor; Working Hours 00700 - 19
6.03 Services, Materials, and Equipment ..................................... 00700 - 19
6.04 Progress Schedule 00700 - 19
..................................................
.05 Substitutes and "Or -Equals" .......................................... 00700 - 19
6.06 Concerning Subcontractors, Suppliers, and h ............................ 00700 - 20
6.07 Patent Fees and Royalties 00700 - 21
...........................................
6.08 Permits ............................................
........ 00700 -21
6.09 Laws and Regulations ..............................................
6.10 Taxes....................................................00700 -22
6.11 Use of Site and Other Areas .......................................... 00700 - 22
22
6.12 Record Documents ................................................ 00700 - 22
6.13 Safety and Protection .............................................. 00700 - 23
6.14 Safety Representative .......................................... .
6.15 Hazard Communication Programs ... 00700 - 23
...................................
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00700-3
6.16
Emergencies.....................................................00700-23
6.17
Shop Drawings and Samples .......................... . ...............
00700 - 23
6.18
Continuing the Work ...............................................
00700 - 24
6.19
CONTRACTOR's General Warranty and Guarantee ...........................
00700-25
6.20
Indemnification ................................. •..' ................
00700 -25
ARTICLE7-OTHER WORK ...................................................
00700-26
7.01
Related Work at Site ...............................................
00700 -26
7.02
Coordination ....................... ............................00700-26
ARTICLE 8 - OWNER'S RESPONSIBILITIES........................................00700-26
8.01
Communications to Contractor ........................................
00700 - 26
8.02
Replacement of ENGINEER ..........................................
00700 - 26
8.03
Furnish Data ...................................................
00700 -26
8.04
Pay Promptly When Due ............................................
00700 - 26
8.05
Lands and Easements; Repons and Tests..................................00700-26
8.06
Insurance .....................................................
00700-27
8.07
Change Orders ...... ...... .............. ....
........00700-27
8.08
............
Inspections, Tests, and Approvals ......................................
00700 : 27
8.09
Limitations on OW'VER's Responsibilities .................................
00700 -27
8.10
Undisclosed Hazardous Environmental Condition
00700-27
8.11
............................
Evidence of Financial Arrangements .....................................
00700-27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
00700-27
9.01
...........................
OWNER'S Representative ...........................................
00700 - 27
9.02
Visits to Site ..........................................
- 27
9.03
Project Representative ..................................
..........(3(3700
..........
00700-27
9.04
' Clarifications and Interpretations .......... .............................
00700 - 28
9.05
Authorized Variations in Work .........................................
00700 - 28
9.06
Rejecting Defective Work ................... •.........................
00700 -28
9.07
Shop Drawings, Change Orders and Payments ..............................
00700 - 28
9.08
Determinations for Unit Price Work .....................................
00700 - 28
9.09
Decisions on Requirements of Contract Documents and Acceptability of Work
..........
00700 - 28
9.10
Limitations on ENGINEER's Authorityand Responsibilities ......................
00700-28
ARTICLE 10 -
CHANGES IN THE WORK; CLAIMS ...................................
00700 - 29
10.01
Authorized Changes in the Work .......................................
00700 - 29
10.02
Unauthorized Changes in the Work .....................................
00700 - 29
10.03
Execution of Change Orders..........................................(30700
- 29
10.04
Notification to Surety ..............................................
00700 - 29
10.05
Claims and Disputes' ...............................................
00700 - 30
ARTICLE 11 -
COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK ..............
00700 - 30
1101
Cost of the Work .................................................
00700 -30
11.02
Cash Allowances .................................................
00700-- 32
11.03
' Unit Price Work .................................................
00700 -32
ARTICLE 12 -
CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .............
00700-33
12.01
Change of Contract Price ...........................................
00700 - 33
12.02
Change of Contract Times ...........................................
00700 - 33
12.03
Delays Beyond CONTRACTOR's Control .................................
00700 - 33
12.04
Delays Within CONTRACTOR's Control ..................................
00700 - 34
12.05
Delays Beyond OWNER's and CONTRACTOR's Control ........................
00700-34
12.06
Delay Damages ..................................................
0070()-34
ARTICLE 13 -
TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK ..........4 ....................................
00700-34
13.01
Notice of Defects ................................................
00700 - 34
13.02
Access to Work............................................
00700 -34
13.03
Tests and Inspections ..............................................
00700 - 34
13.04
Uncovering Work .................................................
0()7C)0-35
13.05
OWNER May Stop the Work ..........................................
00700 - 35
13.06
Correction or Removal of Defective Work
00700-35
.................................
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I13.07 Correction Period ................................................ 00700 -35
13.08 Acceptance of Defective Work ......................................... 00700 - 36
13.09 OWNER May Correct Defective Work ............. . 00700-36
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . 00700-36
14.01 Schedule of Values ................................................ 00700 - 36
14.03Progress Payments ....Title
00700 - 38
14.04 Substantial Completion ..........................0070D ..................
. 00700 - 38
14.05 Partial Utilization .................................... 0 .......... 0 00700 - 39
14.06 Final Inspection ................... 0 ........................ 0 .... 00700 - 39
14.07 Final Payment . 00700 - 39
14.08 Final Completion Delayed ........................................... 00700 - 40
14.09 Waiver of Claims ...................................... 00700 -40
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............ 00700 - 40
15.01 OWNER May Suspend Work .......................... . 00700 - 40
15.02 OWNER May Terminate for Cause ...................................... 00700 - 40
15.03 OWNER May Terminate For Convenience ... 0 ...... 0 ................ : ..... 00700 - 41
15.04 CONTRACTOR May Stop Work or Terminate ................ . 00700-41
ARTICLE 16 - DISPUTE RESOLUTION ............................................ 00700 - 41
I16.01 Methods and Procedures ........................................... 0 00700 - 41
ARTICLE 17 - MISCELLANEOUS .......................... . 00700 - 42
17.01 Giving Notice ................................................... 00700 -42
17.02 Cumulati a of Times .............................................. 00700 -42
17.03 Cumulative Remedies 00700 -42
17.04 Survival of Obligations ........ . 00700 - 42
17.05 Controlling Law ................................................. 00700 - 42
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GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Contract Documents and
printed with initial or all capital letters, the terms listed
below will have the meanings indicated which are applicable
to both the singular and plural thereof.
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.
2. Agreement --The written instrument which is
evidence of the agreement between OWNER and
CONTRACTOR covering the Work.
3. Application for Payment --The form acceptable to
ENGINEER which is to be used by CONTRACTOR
during the course of the Work in requesting progress or
final payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
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.
5. Bid --The offer or proposal of a bidder submitted
on the prescribed form setting forth the prices for the
Work to be performed.
6. Bidding Documents --The Bidding Requirements
and the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
7. Bidding Requirements --The Advertisement or
Invitation to Bid, Instructions to Bidders, Bid security
form, if any, and the Bid form with any supplements.
8. Bonds --Performance and payment bonds and
other instruments of security.
9. Change Order --A document recommended by
ENGINEER 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.
10. Claim --A demand or assertion by OWNER or
CONTRACTOR seeking an adjustment of Contract Price
or Contract Times, or both, or other relief with respect to
the terms of the Contract. A demand for money or
services by a third party is not a Claim.
11. Contract --The entire and integrated written
agreement between the OWNER and CONTRACTOR
concerning the Work. The Contract supersedes prior
negotiations, representations, or agreements, whether
written or oral.
12. Contract Documents --The Contract Documents
establish the rights and obligations of the parties and
include 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
Drawings as the same are more specifically identified in
the Agreement, together with all Written Amendments,
Change Orders, Work Change Directives, Field Orders,
and ENGINEER's written interpretations and
clarifications issued on or after the Effective Date of the
Agreement. Approved Shop Drawings and the reports
and drawings of subsurface and physical conditions are
not Contract Documents. Only printed or hard copies of
the items listed in this paragraph are Contract Documents.
Files in electronic media format of text, data, graphics,
and the like that may be furnished by OWNER to
CONTRACTOR are not Contract Documents.
13. 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 paragraph11.03
in the case of Unit Price Work).
14. Contract Times --The number of days or the dates
stated in the Agreement to: (i) achieve Substantial
Completion; and (ii) complete the Work so that it is ready
for final payment as evidenced by ENGINEER's written
recommendation of final payment.
15. CONTRACTOR --The individual or entity with
whom OWNER has entered into the Agreement.
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16. Cost of the Work -See paragraph 11.01.A for
definition.
17. Drawings --That part of the Contract Documents
prepared or approved by ENGINEER which graphically
shows the scope, extent, and character of the Work to be
performed by CONTRACTOR. Shop Drawings and
other CONTRACTOR submittals are not Drawings as so
defined.
18. Effective Date of the Agreement --The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on
which the Agreement is signed and delivered by the last
of the two parties to sign and deliver.
19. ENGINEER --The individual or entity named as
such in the Agreement.
20. ENGINEER'S Consultant --An individual or entity
having a contract with ENGINEER to furnish services as
ENGINEER'S independent professional associate or
consultant with respect to the Project and who is
identified as such in the Supplementary Conditions.
21. Field Order --A written order issued by ENGI-
NEER which requires minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
22. General Requirements --Sections of Division 1 of
the Specifications. The General Requirements pertain to
all sections of the Specifications.
23. Hazardous Environmental Condition --The
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
24. 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.
25. 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.
26. Liens --Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
27. Milestone --A principal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work.
28. Notice of Award --The written notice by OWNER
to the apparent successful bidder stating that upon timely
compliance by the apparent successful bidder with the
conditions precedent listed therein, OWNER will sign and
deliver the Agreement.
29. Notice to Proceed --A written notice given by
OWNER to CONTRACTOR fixing the date on which the
Contract Times will commence to run and on which
CONTRACTOR shall start to perform the Work under
the Contract Documents.
30. OWNER --The individual, entity, public body, or
authority with whom CONTRACTOR has entered into
the Agreement and for whom the Work is to be
performed.
31. 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.
32. PCBs --Polychlorinated biphenyls.
33. 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 Waste and crude oils.
34. Project --The total construction of which the
Work to be performed under the Contract Documents
may be the whole, or a part as may be indicated
elsewhere in the Contract Documents.
35. Project Manual —The bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is
contained in the table(s) of contents.
36. 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.
37. Resident Project Representative --The authorized
representative of ENGINEER who may be assigned to the
Site or any part thereof.
' 00700-7
38. Samples --Physical examples of materials,
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.
39. Shop Drawings --All drawings, diagrams, illustra-
tions, schedules, and other data or information which are
specifically prepared or assembled by or for CON-
TRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
40. Site --Lands or areas indicated in the Contract
Documents as being furnished by OWNER upon which
the Work is to be performed, including rights -of -way and
easements for access thereto, and such other lands
furnished by OWNER which are designated for the use of
CONTRACTOR.
41 Specifications --That part of the Contract
Documents consisting of written technical descriptions of
materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable thereto.
42. Subcontractor --An individual or entity having.a
direct contract with CONTRACTOR or with any other
Subcontractor for the performance of a part of the Work
at the Site.
43. Substantial Completion --The time at which the
Work (or a specified part thereof) has progressed to the
point where, in the opinion of ENGINEER, the Work (or
a specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the
purposes for which it is intended. The terms
"substantially complete" and "substantially completed" as
applied to all or part of the Work refer to Substantial
Completion thereof.
44. Supplementary Conditions --That part of the
Contract Documents which amends or supplements these
General Conditions.
45. Supplier --A manufacturer, fabricator, supplier,
distributor, materialman, or vendor having a direct
contract with CONTRACTOR or with any Subcontractor
to furnish materials or equipment to be incorporated in
the Work by CONTRACTOR or any Subcontractor.
46. Underground Facilities --All underground
pipelines, conduits, ducts, cables, wires, manholes,
vaults, . tanks, tunnels, or other such facilities or
attachments, and any encasements containing such
facilities, including those that convey electricity, gases,
steam, liquid petroleum products, telephone or other
communications, cable television, water, wastewater,
storm water, other liquids or chemicals, or traffic or
other control systems.
47. Unit Price Work --Work to be paid for on the
basis of unit prices.
48. Work --The entire completed construction or the
various separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes
and is the result of performing or providing all labor,
services, and documentation necessary to produce such
construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as
required by the Contract Documents.
49. Work Change Directive --A written statement to
CONTRACTOR 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
subsurface or physical conditions under which the Work
is to be performed or to emergencies. A Work Change
Directive will not change the Contract Price or the
Contract Times but is evidence that the parties expect that
the change ordered or documented by a Work Change
Directive 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.
50. Written Amendment --A written statement
modifying 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 Documents.
1.02 Terminology
A. Intent of Certain Terms or Adjectives
1. Whenever in the Contract Documents the terms
"as allowed," "as approved," or terms of like effect or
import are used, or the adjectives "reasonable,"
"suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an
action or determination of ENGINEER as to the Work, it
is intended that such action or determination 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
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use of any such term or adjective shall not be effective to
assign to ENGINEER any duty or authority to supervise
or direct the performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.10 or any other provision of the
Contract Documents.
B. Day
1. The word "day" shall constitute a calendar day
of 24 hours measured from midnight to the next midnight.
C. Defective
1. The word "defective," when modifying the word
"Work," refers to Work that is unsatisfactory, faulty, or
deficient in that it does not conform to the Contract
Documents 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 ENGINEER's recommendation of final payment
(unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion in accor-
dance with paragraph 14.04 or 14.05).
D. Furnish, Install, Perform, Provide
1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in final position said services, materials,
or equipment -complete and ready for intended use.
3. The words "perform" or "provide," when used
in connection with services, materials, or equipment,
shall mean to furnish and install said services, materials,
or equipment complete and ready for intended use.
4. When "furnish," "install," "perform," or "pro-
vide" is not used in connection with services, materials,
or equipment in a context clearly requiring an obligation
of CONTRACTOR, "provide" is implied.
E. Unless stated otherwise in the Contract Documents,
words or phrases which have a well-known technical or
construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized
meaning.
ARTICLE 2- PRELIMINARY MATTERS
2.01 Delivery of Bonds
A. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also deliver
to OWNER such Bonds as CONTRACTOR may be required
to furnish.
2.02 Copies of Documents
A. OWNER shall furnish to CONTRACTOR up to ten
copies of the Contract Documents. Additional copies will be
furnished upon request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence to run on the
thirtieth 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 30 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.
2.04 Starting the Work
A. CONTRACTOR shall start to perform the Work on
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which the
Contract Times commence to run.
2.05 Before Starting Construction
A. CONTRACTOR's Review of Contract Documents:
Before undertaking each part of the Work, CONTRACTOR
shall carefully study and compare the Contract Documents
and check and verify pertinent figures therein and all
applicable field measurements. CONTRACTOR shall
promptly report in writing to ENGINEER any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; however, CONTRACTOR shall not
be liable to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity, or discrepancy in the Contract
Documents unless CONTRACTOR knew or reasonably
should have known thereof.
B. Preliminary
Schedules:
Within
ten days
after the
Effective Date of the
Agreement
(unless
otherwise
specified
00700-9
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in the General Requirements), CONTRACTOR shall submit
to ENGINEER for its timely review:
1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required submittal
and the times for submitting, reviewing, and processing
such submittal; and
3. a preliminary schedule of values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufficient detail
to serve as the basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
C. Evidence of Insurance: 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 Conditions, 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 Article 5.
2.06 Preconstruction Conference
A. Within 20 days after the Contract Times start to run,
but before any Work at the Site is started, a conference
attended by CONTRACTOR, ENGINEER, and others as
appropriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.05.B, procedures for handling
Shop Drawings and other submittals, processing Applications
for Payment, and maintaining required records.
2.07 Initial Acceptance of Schedules
A. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first
Application for Payment a conference attended by CON-
TRACTOR, ENGINEER, and others as appropriate will be
held to review for acceptabilityto ENGINEER as provided
below the schedules submitted in accordance with paragraph
2.05.8. CONTRACTOR 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 acceptable schedules are submitted
to ENGINEER.
1. The progress schedule will be acceptable to
ENGINEER if it provides an orderly progression of the
Work to completion within any specified Milestones and
the Contract Times. Such acceptance will not impose on
ENGINEER responsibility for the progress schedule, for
sequencing, scheduling, or progress of the Work nor
interfere with or relieve CONTRACTOR from
CONTRACTOR's full responsibility therefor.
2. CONTRACTOR's schedule of Shop Drawing and
Sample submittals will be acceptable to ENGINEER if it
provides a workable arrangement for reviewing and
processing the required submittals.
3. CONTRACTOR's schedule of values will be
acceptable to ENGINEER as to form and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
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A. The Contract Documents are complementary; what I
is called for by one is as binding as if called for by all.
B. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be
constructed in accordance with the Contract Documents.
Any labor, documentation, services, materials, or equipment
that may reasonably be inferred from the Contract Docu-
ments or from prevailing custom or trade usage as being
required to produce the intended result will be provided
whether or not specifically called for at no additional cost to
OWNER.
C. Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and
Regulations
1. Reference to standards, specifications, manuals,
or codes of any technical society, organization, or
association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
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Contract Documents.
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2. No provision of any such standard, specification,
manual or code, or any instruction of a Supplier shall be
effective to change the duties or responsibilities of
OWNER, CONTRACTOR, or ENGINEER, or any of
their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents, nor shall
any such provision or instruction 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 performance of the Work or any
duty or authority to undertake responsibility inconsistent
with the provisions of the Contract Documents.
1 3.03 Reporting and Resolving Discrepancies
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A. Reporting Discrepancies
1. If, during the performance of the Work,
CONTRACTOR discovers any conflict, error, ambiguity,
or discrepancy within the Contract Documents or between
the Contract Documents and any provision of any Law or
Regulation applicable to the performance of the Work or
of any standard, specification, manual or code, or of any
instruction of any Supplier, CONTRACTOR shall report
it to ENGINEER in writing at once. CONTRACTOR
shall not proceed with the Work affected thereby (except
in an emergency as required by paragraph 6.16.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.04; provided, however, that CONTRACTOR
shall not be liable to OWNER or ENGINEER for failure
to report any such conflict, error, ambiguity, or dis-
crepancy unless CONTRACTOR knew or reasonably
should have known thereof.
B. Resolving Discrepancies
1. Except as may be otherwise specifically stated in
the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any
conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
a. the provisions of any standard, specification,
manual, code, or instruction (whether or not specifi-
cally incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations
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).
A. The Contract Documents may be amended to provide
for additions, deletions, and revisions in the Work or to
modify the terms and conditions thereof in one or more of the
following ways: (1) a Written Amendment; (ii) a Change
Order; or (iii) a Work Change Directive.
B. The requirements of the Contract Documents may be
supplemented, and minor variations and deviations in the
Work may be authorized, by one or more of the following
ways: (i) a Field Order; (ii) ENGINEER's approval of a
Shop Drawing or Sample; or (iii) ENGINEER's written
interpretation or clarification.
3.05 Reuse of Documents
A. CONTRACTOR and any Subcontractor or Supplier
or other individual or entity 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 of the Drawings, Specifications, or other documents
(or copies of any thereof) prepared by or bearing the seal of
ENGINEER or ENGINEER's Consultant, including
electronic media editions; and (ii) shall not reuse any of such
Drawings, Specifications, other documents, or copies thereof
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaption by ENGINEER. This
prohibition will survive final payment, completion, and
acceptance of the Work, or termination or completion of the
Contract. Nothing herein shall preclude CONTRACTOR
from retaining copies of the Contract Documents for record
purposes.
ARTICLE 4 - AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4.01 Availability of Lands
A. OWNER shall furnish the Site. OWNER shall notify
CONTRACTOR of any encumbrances or restrictions not of
general application but specifically related to use of the Site
with which CONTRACTOR must comply in performing the
Work. OWNER will obtain in a timely manner and pay for
easements for permanent structures or permanent changes in
existing facilities. If CONTRACTOR and OWNER are
unable to agree on entitlement to or on the amount or extent,
if any, of any adjustment in the Contract Price or Contract
Times, or both, as a result of any delay in OWNER's
furnishing the Site, CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
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B. Upon reasonable written request, OWNER shall
furnish CONTRACTOR with a current 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 or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C. CONTRACTOR shall provide for all additional lands
and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary
Conditions identify:
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
ENGINEER has used in preparing the Contract Docu-
ments; and
2. . those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) that
ENGINEER has used in preparing the Contract
Documents.
B. Limited Reliance by CONTRACTOR on Technical
Data Authorized: 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 Supplementary Conditions. Except for such reliance on
such "technical data," CONTRACTOR may not rely upon or
make any Claim against OWNER, ENGINEER, or any of
ENGINEER's Consultants with respect to:
1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences, and procedures of construction to
be employed by CONTRACTOR, and safety precautions
and programs incident thereto; or
2. other data, interpretations, opinions, and
information contained in such reports or shown or
indicated in such drawings; or
3. any - CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or.information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If CONTRACTOR believes that any subsur-
face or physical condition at or contiguous to the Site that is
uncovered or revealed either:
1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in paragraph 4.02 is materially
inaccurate; or
2. is of such a nature as to require a change in the
Contract Documents; or
3. differs materially from that shown or indicated in
the Contract Documents; or
4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized 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 the subsurface or
physical conditions or performing any Work in connection
therewith (except in an emergency as required by paragraph
6.16.A), notify OWNER and ENGINEER in writing about
such condition. CONTRACTOR shall not further disturb
such condition or perform any Work in connection therewith
(except as aforesaid) until receipt of written order to do so.
B. ENGINEER's Review: After receipt of written notice
as required by paragraph 4.03.A, ENGINEER will promptly
review the pertinent condition, determine the necessity of
OWNER's obtaining additional exploration or tests with
respect thereto, and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and
conclusions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or
both, will be equitably adjusted to the extent that the
existence of such differing subsurface or physical
condition causes an increase or decrease in
CONTRACTOR's cost of, or time required for, perfor-
mance of the Work; subject, however, to the following:
a. such condition must meet any one or more of
the categories described in paragraph 4.03.A; and
b. 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 9.08
and 11.03.
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1. OWNER and ENGINEER shall not be
1 responsible for the accuracy or completeness of any such
information or data; and
2. CONTRACTOR shall not be entitled to any
adjustment in the Conti act Price or Contract Timesif:.. _...
a. 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
b. the existence of such condition could
reasonably 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 CON-
TRACTOR prior to CONTRACTOR's making such
final commitment; or
c. CONTRACTOR failed to give the written
notice within the time and as required by paragraph
4.03.A.
3. If OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract
Times, or both, a Claim may be made therefor as
provided in paragraph 10.05. However, OWNER,
ENGINEER, and ENGINEER's Consultants shall not be
liable to CONTRACTOR for any claims, costs, losses, or
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) sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
4.04 Underground Facilities
A. 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 information and data furnished to OWNER or
ENGINEER by the owners of such Underground Facilities,
including OWNER, or by others. Unless it is otherwise
expressly provided in the Supplementary Conditions:
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2. the cost of all of the following will be included in
the Contract Price, and CONTRACTOR shall have full
responsibility for:
a. reviewing and checking all such information
and data,
b. locating all Underground Facilities shown or
indicated in the Contract Documents,
c. coordination of the Work with the owners of
such Underground Facilities, including OWNER,
during construction, and
d. the safety and protection of all such Under-
ground Facilities and repairing any damage thereto
resulting from the Work.
B. Not Shown or Indicated
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, 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 required by paragraph 6.16.A), 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 or
location of the Underground Facility. During such time,
CONTRACTOR shall be responsible for the safety and
protection of such Underground Facility.
2. If ENGINEER concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be made in the Contract Price of Contract Times, or
both, to the extent that they are attributable to the
existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated
with reasonable accuracy in the Contract Documents and
that CONTRACTOR 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 entitlement to or on the amount or extent, if
any, of any such adjustment in Contract Price or Contract
Times, OWNER or CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
4.05 Reference Points
A. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable CON-
TRACTOR to proceed with the Work. CONTRACTOR
shall be responsible for laying out the Work, shall protect and
preserve the established reference points and property
' 00700-13
monuments, and shall make no changes or relocations
without the prior written approval of OWNER.
CONTRACTOR shall report to ENGINEER whenever any
reference point or property monument is lost or destroyed or
requires relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points or
property monuments by professionally qualified personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to the
Supplementary Conditions for the identification of those
reports and drawings relating to a Hazardous Environmental
Condition identified at the Site, if any, that have been utilized
by the ENGINEER in the preparation of the Contract
Documents.
B. Limited Reliance by CONTRACTOR on Technical
Data Authorized: 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 Supplementary Conditions. Except for such reliance on
such "technical data," CONTRACTOR may not rely upon or
make any Claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
I. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences and procedures of construction to
be employed by CONTRACTOR and safety precautions
and programs incident thereto; or
2. other data, interpretations, opinions and
information contained in such reports or shown or
indicated in such drawings; or
3 any. CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. CONTRACTOR shall not be responsible for any
Hazardous Environmental Condition 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. CONTRACTOR shall be
responsible for a Hazardous Environmental Condition created
with any materials brought to the Site by CONTRACTOR,
Subcontractors, Suppliers, or anyone else for whom CON-
TRACTOR is responsible.
D. If - CONTRACTOR encounters a Hazardous
Environmental Condition or if CONTRACTOR or anyone for
whom CONTRACTOR is responsible creates, a Hazardous
Environmental Condition, CONTRACTOR shall immedi-
ately: (i) secure or otherwise isolate such condition; (ii) stop
all Work in connection with such condition and in any area
affected thereby (except in an emergency as required by
paragraph 6.16); and (iii) notify OWNER and ENGINEER
(and promptly thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concerning
the necessity for OWNER to retain a qualified expert to
evaluate such condition or take corrective action, if any.
E. CONTRACTOR shall not be required to resume
Work in connection with such condition or in any affected
area until after OWNER has obtained any required permits
related thereto and delivered to CONTRACTOR 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 on the
amount or extent, if any, of any adjustment in Contract Price
or Contract Times, or both, as a result of such Work stop-
page or such special conditions under which Work is agreed
to be resumed by CONTRACTOR, either party may make a
Claim therefor as provided in paragraph 10.05.
F. If after receipt of such 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 the portion of the Work that is in the
area affected by such condition to be deleted from the Work.
If OWNER and CONTRACTOR cannot agree as to
entitlement to or on the amount or extent, if any, of an
adjustment 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 paragraph 10.05.
OWNER may have such deleted portion of the Work
performed by OWNER's own forces or others in accordance
with Article 7.
G. To the fullest extent permitted by Laws and
Regulations, OWNER shall.indemnify and hold harmless
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants and the officers, directors,
partners, employees, agents, other consultants, and
subcontractors 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) arising out of or relating to a
Hazardous Environmental Condition, provided that such
Hazardous Environmental Condition: (i) was not shown or
indicated in the Drawings or Specifications or identified in
the Contract Documents to be included within the scope of
the Work, and (ii) was not created by CONTRACTOR or by
anyone for whom CONTRACTOR is responsible. Nothing
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in this paragraph 4.06.E shall obligate OWNER to indemnify
any individual or entity from and against the consequences of
that individual's or entity's own negligence.
H. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER'S Consultants,
and the officers, directors, partners, employees, agents, other
consultants, and subcontractors 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) arising out of or
relating to a Hazardous Environmental Condition created by
CONTRACTOR or by anyone for whom CONTRACTOR is
responsible. Nothing in this paragraph 4.06.F shall obligate
CONTRACTOR to indemnify any individual or entity from
and against the consequences of that individual's or entity's
own negligence.
I. The provisions of paragraphs 4.02, 4.03, and 4.04
are not intended to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
A. CONTRACTOR shall furnish performance and
payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. 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
Contract Documents.
B. All Bonds shall be in the form prescribed by the
Contract Documents 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 Circular
570 (amended) by the Financial Management Service, Surety
Bond Branch, U.S. Department of the Treasury. All Bonds
signed by an agent must be accompanied by a certified copy
of such agent's authority to act.
C. If the surety on any Bond furnished by CON-
TRACTOR is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part
of the Project is located or it ceases to meet the requirements
of paragraph 5.01.B. CONTRACTOR shall within 20 days
thereafter substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs 5.01.B and
5.02.
5.02 Licensed Sureties and Insurers
A. 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
jurisdiction 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 provided
in the Supplementary Conditions.
5.03 Certificates of Insurance
A. 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. 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 additional insured) which
OWNER is required to purchase and maintain.
5.04 CONTRACTOR's Liability Insurance
A. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and as will provide protection from claims
set forth below which may arise out of or result from
CONTRACTOR's performance of the Work and
CONTRACTOR's other obligations under the Contract
Documents, whether it is to be performed. by
CONTRACTOR, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them tc
perform any of the Work, or by anyone for whose acts any
of them may be liable:
1. claims under workers' compensation, disability
benefits, and other similar employee benefit acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
00700-15
4. claims for• damages insured by reasonably
available personal injury liability coverage which are sus
tamed: (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. 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
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.
B. The policies of insurance so required by this
paragraph 5.04.to be purchased and maintained shall:
1. withrespect to insurance required by paragraphs
5.04.A.3 through 5.04.A.6 inclusive, include as
additional insureds (subject to any customary exclusion in
respect of professional liability) OWNER, ENGINEER,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, all of
whom shall be listed as additional insureds, and include
coverage for the respective officers, directors, partners,
employees, agents, and other consultants and
subcontractors of each and. any of all such additional
insureds, and the insurance afforded to these additional
insureds shall provide primary coverage for all claims
covered thereby;
2. include at least the specific coverages and be
written for not less than the limits of liability provided in
the Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
3. include completed operations insurance;
4. include, contractual liability insurance . covering
CONTRACTOR's indemnity obligations under para-
graphs 6.07, 6.11, and 6.20;
5. contain a provision or endorsement that the
coverage afforded will not be canceled, 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 Supplementary Conditions to whom a
certificate of insurance has been issued (and the
certificates of insurance furnished by the CONTRACTOR
pursuant to paragraph 5.03 will so provide);
6. remain in effect at least until final payment and
at all times thereafter when CONTRACTOR may be
correcting, removing, or replacing defective Work in
accordance with paragraph 13.07; and
7. 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 Supple-
mentary Conditions, 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).
5.05 OWNER's Liability Insurance
A. In addition to the insurance required to be provided
by CONTRACTOR under paragraph 5.04, 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.
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance 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:
1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER's
Consultants, and any other individuals or entities identi-
fied in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an additional insured;
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, false work, and materials and
equipment in transit, and shall insure against at least the
following perils or causes of loss: 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 or
causes of loss as may be specifically required•by the
Supplementary Conditions;
3. include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
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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 Application for Payment recommended by
ENGINEER;
5. allow for partial utilization of the Work by
OWNER;
6. include testing and startup; and
7. be maintained in effect until final payment is
made unless otherwise agreed to in writing by OWNER,
CONTRACTOR, and ENGINEER with 30 days written
notice to each other additional insured to whom a certifi-
cate of insurance has been issued.
B. 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 individuals 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.
C. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and
maintained in accordance with paragraph 5.06 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 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 5.07.
D. OWNER shall not be responsible for purchasing and
maintaining any property insurance specified in this
paragraph 5.06 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 identified deductible
amount will be borne by CONTRACTOR, Subcontractors,
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.
E. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance
policies provided under paragraph 5.06, OWNER shall, if
possible, 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.
5.07 Waiver of Rights
A. OWNER and CONTRACTOR intend that all policies
purchased in accordance with paragraph 5.06 will protect
OWNER, CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants, and all other individuals or
entities identified in the Supplementary Conditions to be
listed as insureds or additional insureds (and the officers,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them) in such policies
and will provide primary coverage for all losses and damages
caused by the perils or causes of loss 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 CONTRAC-
TOR waive all rights against each other and their respective
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them for
all losses and damages caused by, arising out of or resulting
from any of the perils or causes of loss covered by such
policies and any other property insurance applicable to the
Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants, and
all other individuals or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
(and the officers, directors, partners, employees, agents, and
other consultants and subcontractors of each and any of them)
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.
B. OWNER waives all rights against CONTRACTOR,
Subcontractors, ENGINEER, ENGINEER's Consultants, and
the officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them for:
1. loss due to business interruption, loss of use, or
other consequential loss extending beyond direct physical
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
2. loss or damage to the completed Project or part
thereof caused by, arising out of, or resulting from fire or
other insured peril or cause of loss covered by any
property insurance maintained on the completed Project
or part thereof by OWNER during partial utilization
pursuant to paragraph 14.05, after Substantial Completion
00700-17
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pursuant to paragraph 14.04, or after final payment
pursuant to paragraph 14.07.
C. Any insurance policy maintained by OWNER cover-
ing any loss, damage or consequential loss referred to in
paragraph 5.07.B 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 CONTRACTOR, Subcontractors,
ENGINEER, or ENGINEER's Consultants and the officers,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance
required by paragraph 5.06 will be adjusted with OWNER
and made payable to OWNER as fiduciary for the insureds,
as their interests may appear, subject to the requirements of
any applicable mortgage clause and of paragraph. 5.08.B.
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.
B. 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 15 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.
5.09 Acceptance of Bonds and Insurance; Option to
Replace
A. If either 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 10 days after receipt of the certificates (or other
evidence requested) required by paragraph 2.05.C. 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 parry may
elect to obtain equivalent Bonds or insurance to protect such
.other party's interests at the expense of the party who was
required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property
Insurer
A. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in paragraph 14.05,
no such use or occupancy shall commence before the insurers
providing the property insurance pursuant to paragraph 5.06
have acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby. The insurers
providing the property insurance shall consent by endorse-
ment on the policy or policies, but the property insurance
shall not be canceled or permitted to lapse on account of any
such partial use or occupancy.
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ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ,
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6.01 Supervision and Superintendence
A. 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
Contract 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 OWNER or
ENGINEER 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
accurately with the Contract Documents.
B. At all times during the progress of the Work,
CONTRACTOR shall assign a competent resident superin-
tendent thereto 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 CONTRACTOR. All
communications given to or received from the superintendent
shall be binding on CONTRACTOR.
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any provisions of the General Requirements
thereto.
A. CONTRACTOR shall provide competent, suitably
qualified personnel to survey, lay out, and construct the
Work as required by the Contract Documents. CON-
TRACTOR shall at all times maintain good discipline and
order at the Site.
B. 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 stated in the
Contract Documents, all Work at the Site shall be performed
during regular working hours, and CONTRACTOR will not
permit overtime work or the performance of Work on
Saturday, Sunday, or any legal holiday without OWNER's
written consent (which will not be unreasonably withheld)
given after prior written notice to ENGINEER.
Services, Materials,
A. Unless otherwise specified in the General Re-
quirements, CONTRACTOR shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery, tools,
appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities, and all other facilities
and incidentals necessary for the performance, testing,
start-up, and completion of the Work.
B. All materials and equipment incorporated into the
Work shall be as specified or, if not specified, shall be of
good quality and new, except as otherwise provided in the
Contract Documents. 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 source, kind,
and quality of materials and equipment. All materials and
equipment shall be stored, applied, installed, connected,
erected, protected, used, cleaned, and conditioned in
accordance with instructions of the applicable Supplier,
except as otherwise may be provided in the Contract Docu-
ments.
Progress Schedule
A. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.07 as it may be
adjusted from time to time as provided below.
1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.07)
proposed adjustments in the progress schedule that will
not result in changing the Contract Times (or Milestones).
Such adjustments will conform generally to the progress
schedule then in effect and additionally will comply with
2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall
be submitted in accordance with the requirements of
Article 12. Such adjustments may only be made by a
Change Order or Written Amendment in accordance with
Article 12.
Substitutes and "Or -Equals"
A. 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, appearance, 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
equipment or material or equipment of other Suppliers may
be submitted to ENGINEER for review under the circum-
stances described below.
1. "Or -Equal" Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR is functionally equal to that named and
sufficiently similar so that no change in related Work will
be required, 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 approval of proposed substitute
items. For the purposes of this paragraph 6.05.A.1, a
proposed item of material or equipment will be
considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment
ENGINEER determines that: (i) it is at least equal in
quality, durability, appearance, strength, and design
characteristics; (ii) it will reliably perform at least
equally well the function imposed by the design
concept of the completed Project as a functioning
whole, and;
b. CONTRACTOR certifies that: (i) there is no
increase in cost to the OWNER; and (ii) it will
conform substantially, even with deviations, to the
detailed requirements of the item named in the
Contract Documents.
a. If in ENGINEER's sole discretion an item of
material or equipment proposed by CONTRACTOR
does not qualify as an "or -equal" item under
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paragraph 6.05.A.1, it will be considered a proposed
substitute item.
b. CONTRACTOR shall submit sufficient
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. Requests for
review of proposed substitute items of material or
equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR.
c. The procedure for review by ENGINEER
will be as set forth in paragraph 6.05.A.2.d, as
supplemented in the General Requirements and as
ENGINEER may decide is appropriate under the
circumstances.
d. CONTRACTOR shall first make written
application to ENGINEER for review of a proposed
substitute item of material or equipment that
CONTRACTOR seeks to furnish or use. The
application shall certify that the proposed substitute
item 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 use of the
proposed substitute item will prejudice
CONTRACTOR's achievement of Substantial
Completion on time, whether or not use of the
proposed substitute item 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 item and whether or not
incorporation or use of the proposed substitute item
in connection with the Work is subject to payment of
any license fee or royalty. All variations of the pro-
posed substitute item from that specified will be
identified in the application, and available
engineering, sales, maintenance, repair, and
replacement services will . be indicated. The
application will also contain an itemized estimate of
all costs or credits that will result directly or indi-
rectly from use of such substitute item, including
costs of redesign and claims of other contractors
affected by any resulting change, all of which will be
considered by ENGINEER in evaluating the proposed
substitute item. ENGINEER may require CON-
TRACTOR to furnish additional data about the pro-
posed substitute item.
B. 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 approved by ENGI-
NEER. CONTRACTOR shall submit sufficient information
to allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to that
expressly called for by the Contract Documents. The proce-
dure for review by ENGINEER will be similar to that
provided in subparagraph 6.05.A.2.
C. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.05.A and 6.05.B.
ENGINEER will be the sole judge of acceptability. No
"or -equal" or substitute will be ordered, installed or utilized
until ENGINEER's review is complete, which will be
evidenced by either a Change Order for a substitute or an
approved Shop Drawing for an "or equal." ENGINEER will
advise CONTRACTOR in writing of any negative
determination.
D. Special Guarantee: OWNER may require' CON-
TRACTOR to furnish at CONTRACTOR's expense a special
performance guarantee or other surety with respect to any
substitute.
E. ENGINEER's Cost Reimbursement: ENGINEER will
record time required by ENGINEER and ENGINEER's
Consultants in evaluating substitute proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B
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 approves a substitute item so proposed or
submitted by CONTRACTOR, CONTRACTOR shall
reimburse OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such proposed
substitute.
F. CONTRACTOR's Expense: CONTRACTOR shall
provide all data in support of any proposed substitute or
"or -equal" at CONTRACTOR's expense.
6.06 Concerning Subcontractors, Suppliers, and Others
A. CONTRACTOR shall not employ any Subcontractor,
Supplier, or other individual or entity (including those
acceptable to OWNER as indicated in paragraph 6.06.B),
whether initially or as a replacement, against whom OWNER
may have reasonable objection. CONTRACTOR shall not be
required to employ any Subcontractor, Supplier, or other
individual or entity to furnish or perform any of the Work
against whom CONTRACTOR has reasonable objection.
B. If the Supplementary Conditions require the identity
of certain Subcontractors, Suppliers; or other individuals or
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entities to be submitted to OWNER in advance for acceptance
by OWNER by a specified date prior to the Effective Date of
the Agreement, and if CONTRACTOR has submitted a list
thereof in accordance with the Supplementary Conditions,
OWNER'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 Subcontractor, Supplier, or other
individual or entity so identified may be revoked on the basis
of reasonable objection after due investigation. CON-
TRACTOR shall submit an acceptable replacement for the
rejected Subcontractor, Supplier, or other individual or
entity, and the Contract Price will be adjusted by the differ-
ence in the cost occasioned by such replacement, and an
appropriate Change Order will be issued or Written
Amendment signed. No acceptance by OWNER of any such
Subcontractor, Supplier, or other individual or entity,
whether initially or as a replacement, shall constitute a
waiver of any right of OWNER or ENGINEER to reject
defective Work.
C. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities
performing or furnishing any of the Work just as
CONTRACTOR 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 individual or entity any contractual relationship between
OWNER or ENGINEER and any such Subcontractor,
Supplier or other individual or entity, nor shall it create any
obligation on the part of OWNER or ENGINEER to pay or
to see to the payment of any moneys due any such Subcon-
tractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
D. CONTRACTOR shall be solely responsible for
scheduling, and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR.
E. CONTRACTOR shall require all Subcontractors,
Suppliers, and such other individuals or entities performing
or furnishing any of the Work to communicate with ENGI-
NEER through CONTRACTOR.
F. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors
or Suppliers or delineating the Work to be performed by any
specific trade.
G. All Work performed for CONTRACTOR by a
Subcontractor 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 Documents 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
5.06, the agreement between the CONTRACTOR and the
Subcontractor or Supplier will contain provisions whereby
the Subcontractor or Supplier waives all rights against
OWNER, CONTRACTOR, ENGINEER, ENGINEER's
Consultants, and all other individuals or entities identified in
the Supplementary Conditions to be listed as insureds or
additional insureds (and the officers, directors, partners,
employees, agents, and other consultants and subcontractors
of each and any of them) for all losses and damages caused
by, arising out of, relating to, or resulting from any of the
perils or causes of loss 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, CONTRAC-
TOR will obtain the same.
6.07 Patent Fees and Royalties
A. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance 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 harmless
OWNER, ENGINEER, ENGINEER's Consultants, and the
officers, directors, partners, employees or 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) arising out of or relating to any
infringement of patent rights or copyrights incident to the use
in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process,
product, or device not specified in the Contract Documents.
6.08 Permits
A. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such permits
00700-21
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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. CONTRACTOR shall pay all charges of utility
owners for connections to the Work, and OWNER shall pay
all charges of such utility owners for capital costs related
thereto, such as plant investment fees.
6.09 Laws and Regulations
A. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to the performance
of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or Regulations.
B. 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 (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) arising out of or relating to such Work;
however, it shall not be CONTRACTOR's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but
this shall not relieve CONTRACTOR of CONTRACTOR's
obligations. under paragraph 3.03.
C. Changes in Laws or Regulations not known at the
.ime of opening of Bids (or, on the Effective Date of the
Agreement, if there were no Bids) having an effect on the cost
or time of performance of the Work may be the subject of an
adjustment in Contract Price or Contract Times. If OWNER
and CONTRACTOR are unable to agree on entitlement to or
on the amount or extent, if any, of any such adjustment, a
Claim may be made therefor as provided in paragraph 10.05.
5.10 Taxes
A. CONTRACTOR shall pay all sales, consumer, use,
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
place of the Project which are applicable, during the
performance of the Work.
5.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage 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.
2. 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
arbitration or other dispute resolution proceeding or at
law.
3. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultant, and the officers, directors, partners,
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) arising out of or relating to 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.
B. Removal of Debris During Performance of the Work:
During the progress of the Work CONTRACTOR shall keep
the Site and other areas free from accumulations of waste
materials, rubbish, and other debris. Removal and disposal
of such waste materials, rubbish, and other debris shall con-
form to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the
Work CONTRACTOR shall clean the Site and make it ready
for utilization by OWNER. At the completion of the Work
CONTRACTOR shall remove from the Site all tools,
appliances, construction equipment and machinery, and
surplus materials and shall restore to original condition all
property not designated for alteration by the Contract
Documents.
D. Loading Structures: CONTRACTOR shall not load
nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall
CONTRACTOR subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
6.12 Record Documents
A. CONTRACTOR shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
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Change Directives, Field Orders, and written interpretations
and clarifications in good order and annotated to show
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 Drawings will be delivered to
ENGINEER for OWNER.
I6.13 Safety and Protection
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A. CONTRACTOR shall be solely responsible for
initiating, maintaining and supervising all safety precautions
and programs 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:
1. all persons on the Site or who may be affected
by the Work;
2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the
Site; and
3. other property at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. CONTRACTOR shall comply with all applicable
Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property and
of Underground Facilities and other 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 6.13.A.2 or 6.13.A.3
caused, directly or indirectly, in whole or in part, by CON-
TRACTOR, any Subcontractor, Supplier, or any other
individual or entity directly or indirectly employed by any of
them to perform 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 Con-
sultant, or anyone employed by any of them, or anyone for
whose acts any of them may be liable, and not attributable,
directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR or any Subcontractor,
Supplier, or other individual or entity 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 paragraph 14.07.B that
the Work is acceptable (except as otherwise expressly
provided in connection with Substantial Completion).
6.14 Safety Representative
A. CONTRACTOR shall designate a qualified and
experienced safety representative at the Site whose duties and
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and
programs.
6.15 Hazard Communication Programs
A. 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
accordance with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protection of
persons or the Work or property at the Site or adjacent
thereto, CONTRACTOR is obligated to act to prevent
threatened damage, injury, or loss. CONTRACTOR shall
give ENGINEER prompt written notice if CONTRACTOR
believes that any significant changes in the Work or
variations from the Contract Documents have been caused
thereby or are required as a result thereof. 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.
6.17 Shop Drawings and Samples
A. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
submittals. 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 quantities, dimen-
sions, specified performance and design criteria, materials,
and similar data to show ENGINEER the services, materials,
and equipment CONTRACTOR proposes to provide and to
enable ENGINEER to review the information for the limited
purposes required by paragraph 6.17.E.
B. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
00700-23
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submittals. 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 6.17.E. The
numbers of each Sample to be submitted will be as specified
in the Specifications.
C. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submittals acceptable to ENGINEER as required by
paragraph 2.07, any related Work performed prior to
ENGINEER's review and approval of the pertinent submittal
will be at the sole expense and responsibility of
CONTRACTOR.
D. Submittal Procedures
1. Before submitting each Shop Drawing or Sample,
CONTRACTOR shall have determined and verified:
a. all field measurements, quantities, dimen-
sions, specified performance criteria, installation
requirements, materials,, catalog numbers, and
similar information with respect thereto;
b. all materials with respect to intended use,
fabrication, shipping, handling, storage, assembly,
and installation pertaining to the performance of the
Work;.
c. all information relative to means, methods,
techniques, sequences, and procedures of construc-
tion and safety precautions and programs incident
thereto; and
d. 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 Docu-
ments.
2. Each• submittal shall bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review and
approval of that submittal.
3. At the time of each submittal, CONTRACTOR
shall. give ENGINEER specific written notice of such
variations, 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 com-
munication 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.
E. ENGINEER's Review
1. ENGINEER will timely review and approve
Shop Drawings and Samples in accordance with the
schedule of Shop Drawings and Sample submittals
acceptable to ENGINEER. ENGINEER's review and
approval will be only to determine if the items covered by
the submittals will, after installation or incorporation in
the Work, conform to the information given in the
Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole
as indicated by the Contract Documents.
2. ENGINEER's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of
construction is specifically and expressly 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.
3. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the require-
ments of the Contract Documents unless CONTRACTOR
has in writing called ENGINEER's attention to each such
variation at the time of each submittal as required by
paragraph 6.17.D.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 6.17.D.1.
F. Resubmittal Procedures
1. CONTRACTOR shall make corrections required
by ENGINEER and shall. return the required number of
corrected copies of Shop Drawings and submit as
required new Samples for review and approval. CON-
TRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by ENGI-
NEER on previous submittals.
6.18 Continuing the Work
A. 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
pending resolution of any disputes or disagreements, except
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re. c.f.71
as permitted by paragraph 15.04 or as OWNER and
CONTRACTOR may otherwise agree in writing.
6.19 CONTRACTOR's General Warranty and Guarantee
A. 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:
1. abuse, modification, or improper maintenance or
operation by persons other than CONTRACTOR, Sub-
contractors, Suppliers, or any other individual or entity
for whom CONTRACTOR is responsible; or
2. normal wear and tear under normal usage
B. CONTRACTOR's obligation to perform and
complete 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 obligation to perform the Work in
accordance with the Contract Documents:
1. observations by ENGINEER;
2. recommendation by ENGINEER or payment by
OWNER of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by ENGINEER or any payment related
thereto by OWNER;
4. use or occupancy of the Work or any part thereof
by OWNER;
5. any acceptance by OWNER or any failure to do
so;
6. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by ENGINEER;
7. any inspection, test, or approval by others; or
8. any correction of defective Work by OWNER.
6.20 Indemnification
A. 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, partners, employees, agents, and other
consultants and subcontractors 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) arising out of or
relating to the performance of the Work, provided that any
such claim, cost, loss, or damage:
1. is attributable to bodily injury, sickness, disease,
or death, or to injury to or destruction of tangible
property (other than the Work itself), including the loss of
use resulting therefrom; and
2. is caused in whole or in part by any negligent act
or omission of CONTRACTOR, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform 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 an individual or entity indem-
nified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of
the negligence of any such individual or entity.
B. In any and all claims against OWNER or ENGINEER
or any of their respective consultants, agents, officers,
directors, partners, or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, the indemnification obligation
under paragraph 6.20.A 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 individual or
entity under workers' compensation acts, disability benefit
acts, or other employee benefit acts.
C. The indemnification obligations of CONTRACTOR
under paragraph 6.20.A shall not extend to the liability of
ENGINEER and ENGINEER's Consultants or to the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them
arising out of:
1. the preparation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports,
surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to
give them, if that is the primary cause of the injury or
damage.
;C4i[rtl�s7
ARTICLE 7- OTHER WORK
7.01 Related Work at Site
A. OWNER may perform other work related to the
Project at the Site by OWNER's employees, or let other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1. written notice thereof will be given to CON-
TRACTOR prior to starting any such other work; and
2. if OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such other work, a
Claim. may be made therefor as provided in paragraph
10.05..
B. 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 other 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 coordinate the Work with theirs.
Unless otherwise provided in the Contract Documents, CON-
TRACTOR shall do all cutting, fitting, and patching of the
Work that may be required to properly connect or otherwise
make its several parts come together and properly integrate
with such other work, CONTRACTOR shall not endanger
any work of others by cutting, excavating, or otherwise
altering their work and will only cut or alter their work with
the written consent of 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
CONTRACTOR in said direct contracts between OWNER
and such utility owners and other contractors.
C. 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 to so report will constitute an
acceptance of such other work as fit and proper for
integration with CONTRACTOR's Work except for latent
defects and deficiencies in such other work.
7.02 Coordination
A. If OWNER intends to contract with others for the
performance of other work on the Project at the Site, the
following will be set forth in Supplementary Conditions:
I. the individual or entity who will have authority
and responsibility for coordination of the activities among
the various contractors will be identified;
2. the specific matters to be covered by such
authority and responsibility will be itemized; and
3.
the extent
of such authority
and responsibilities
will be
provided.
B. Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and respon-
sibility for such coordination.
ARTICLE 8- OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.02 Replacement of ENGINEER
A. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer to whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.03 Furnish Data
A. OWNER shall promptly furnish the data required of
OWNER under the Contract Documents.
8.04 Pay Promptly When Due
A. OWNER shall• make payments to CONTRACTOR
promptly when they are due as provided in paragraphs
14.02.C and 14.07.C.
8.05 Lands and Easements; Reports and Tests
A. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.01 and 4.05.
Paragraph 4.02 refers to OWNER's identifying and making
available to CONTRACTOR copies of reports of explorations
00700-26
and tests of subsurface conditions and drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilized
by ENGINEER in preparing the Contract Documents.
8.06 Insurance
A. OWNER's responsibilities, if any, in respect to pur-
chasing and maintaining liability and property insurance are
set forth in Article 5.
8.07 Change Orders
A. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. OWNER's responsibility in respect to certain inspec-
tions, tests, and approvals is set forth in paragraph 13.03.B.
8.09 Limitations on OWNER's Responsibilities
A. The OWNER shall not supervise, direct, or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences,
or procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of CON-
TRACTOR to comply with Laws and Regulations applicable
to the performance of the Work. OWNER will not be
responsible for CONTRACTOR's failure to perform the
Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. OWNER's responsibility in respect to an undisclosed
Hazardous Environmental Condition is set forth in paragraph
4.06.
8.11 Evidence of Financial Arrangements
A. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial
arrangements have been made to satisfy OWNER's
obligations under the Contract Documents, OWNER's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
ARTICLE 9- ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 OWNER'S Representative
A. ENGINEER will be OWNER's representative during
the construction period. The duties and responsibilities and
the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the
Contract Documents and will not be changed without written
consent of OWNER and ENGINEER.
9.02 Visits to Site
A. ENGINEER will make visits to the Site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
that has been made and the quality of the various aspects of
CONTRACTOR's executed Work. Based on information
obtained during such visits and observations, ENGINEER,
for the benefit of OWNER, will determine, in general, if the
Work is proceeding in accordance with the Contract
Documents. ENGINEER will not be required to make
exhaustive or continuous inspections on the Site 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 observations. ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work.
B. ENGINEER's visits and observations are subject to
all the limitations on ENGINEER's authority and
responsibility set forth in paragraph 9.10, and particularly,
but without limitation, during or as a result of ENGINEER's
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control, or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work.
9.03 Project Representative
A. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist
ENGINEER in providing more extensive observation of the
Work. The responsibilities and authority and limitations
thereon of any such Resident Project Representative and
assistants will be as provided in paragraph 9.10 and in the
Supplementary Conditions. If OWNER designates another
00700-27
representative or agent to represent OWNER at the Site who
is not ENGINEER's Consultant, agent or employee, the
responsibilities and authority and limitations thereon of such
other individual or entity will be as provided in the Supple-
mentary Conditions.
9.04 Clarifications and Interpretations
A. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents as ENGINEER may deter-
mine necessary, which shall be consistent with the intent of
and reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER and CON-
TRACTOR are unable to agree on entitlement to or on the
amount or extent, if any, of any adjustment in the Contract
Price or Contract Times, or both, that should be allowed as
a result of a written clarification or interpretation, a Claim
may be made therefor as provided in paragraph 10.05.
9.05 Authorized Variations in Work
A. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents
which do not involve an. adjustment in the Contract Price or
the Contract Times and are compatible with the design
concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be
accomplished by a Field Order and will be binding on
OWNER and also on CONTRACTOR, who shall, perform
the Work involved promptly. If OWNER and CONTRAC-
TOR are unable to agree on entitlement to or on the amount
or extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of a Field Order, a
Claim may be made therefor as provided in paragraph 10.05.
9.06 Rejecting Defective Work
A. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
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 inspection or testing of the Work as provided in
paragraph 13.04, whether or not the Work is fabricated,
installed, or completed. .
9.07 Shop Drawings, Change Orders and Payments
A. In connection with ENGINEER's authority as to Shop
Drawings and Samples, see paragraph 6.17.
B. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
C. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
9.08 Determinations for Unit Price Work
A. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CON-
TRACTOR the ENGINEER'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 (except as modified by ENGINEER to
reflect changed factual conditions or more accurate data)
upon OWNER and CONTRACTOR, subject to the
provisions of paragraph 10.05.
9.09 Decisions on Requirements of Contract Documents
and Acceptability of Work
A. 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, the
quantities and classifications of • Unit Price Work, the
interpretation of the requirements of the Contract Documents
pertaining to the performance of the Work, and Claims
seeking changes in the Contract Price or Contract Times will
be referred initially to ENGINEER in writing, in accordance
with the provisions of paragraph 10.05, with a request for a
formal decision.
B. When functioning as interpreter and judge under this
paragraph 9.09; 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 this paragraph 9.09 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 14.07) 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.
9.10 Limitations on ENGINEER's Authority and Respon-
sibilities
A. Neither ENGINEER'S authority or responsibility
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
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or responsibility or the undertaking, exercise, or performance
of any authority or responsibility by ENGINEER shall create,
impose, or give rise to any duty in contract, tort, or
otherwise owed by ENGINEER to CONTRACTOR, any
Subcontractor, any Supplier, any other individual or entity,
or to any surety for or employee or agent of any of them.
B. ENGINEER will not supervise, direct, control, or
have authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work. ENGINEER will not be responsible for
CONTRACTOR's failure to perform the Work in accordance
with the Contract Documents.
C. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any other individual or entity performing any
of the Work.
D. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
Bonds, certificates of inspection, tests and approvals, and
other documentation required to be delivered by paragraph
14.07.A 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 Documents.
E. The limitations upon authority and responsibility set
forth in this paragraph 9.10 shall also apply to ENGINEER's
Consultants, Resident Project Representative, and assistants.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. 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
by a Written Amendment, a Change Order, or a Work
Change Directive. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work
involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
B. If OWNER and CONTRACTOR are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or both,
that should be allowed as a result of a Work Change
Directive,
a
Claim may
be made therefor as provided in
paragraph
10.05.
10.02 Unauthorized Changes in the Work
A. 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, or
supplemented as provided in paragraph 3.04, except in the
case of an emergency as provided in paragraph 6.16 or in the
case of uncovering Work as provided in paragraph 13.04.B.
10.03 Execution of Change Orders
A. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER (or
Written Amendments) covering:
1. changes in the Work which are: (i) ordered by
OWNER pursuant to paragraph 10.01.A, (ii) required
because of acceptance of defective Work under para-
graph 13.08.A or OWNER's correction of defective
Work under paragraph 13.09, or (iii) agreed to by the
parties;
2. changes in the Contract Price or Contract Times
which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually
performed in accordance with a Work Change Directive;
and
3. changes in the Contract Price or Contract Times
which embody the substance of any written decision
rendered by ENGINEER pursuant to paragraph 10.05;
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, CONTRACTOR shall carry on
the Work and adhere to the progress schedule as
provided in paragraph 6.18.A.
10.04 Notification to Surety
A. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, 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 responsibility. The amount of each
applicable Bond will be adjusted to reflect the effect of any
such change.
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10.05 Claims and Disputes
A. Notice: Written notice stating the general nature of
each Claim, dispute, or other matter shall be delivered by the
claimant to ENGINEER and the other party to the Contract
promptly (but in no event later than 30 days) after the start of
the event giving rise thereto. Notice of the amount or extent
of the Claim, dispute, or other matter with supporting data
shall be delivered to the ENGINEER and the other party to
the Contract within 60 days after the start of such event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of such
Claim, dispute, or other matter). A Claim for an adjustment
in Contract Price shall be prepared in accordance with the
provisions of paragraph 12.01.B. A Claim for an adjustment
in Contract Time shall be prepared in accordance with the
provisions of paragraph 12.02.B. Each Claim shall be
accompanied by claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The opposing
party shall submit any response to ENGINEER and the
claimant within 30 days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
B. ENGINEER's Decision: ENGINEER will render
a formal decision in writing within 30 days after receipt of
the last submittal of the claimant or the last submittal of the
opposing party, if any. ENGINEER's written decision on
such Claim, dispute, or other matter will be final and binding
upon OWNER and CONTRACTOR unless:
• 1. an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the dispute
resolution procedures set forth in Article 16; or
• 2. if no such dispute resolution procedures have
been set forth in Article 16, 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 30 days after the date of such
decision, and a formal proceeding is instituted by the
appealing party in a forum of competent jurisdiction
within 60 days after the date of such decision or within
60 days after Substantial Completion, whichever is later
(unless otherwise agreed in writing by OWNER and
CONTRACTOR), 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:
C. If ENGINEER does not render a formal decision in
writing within the time stated in paragraph 10.05.B, a
decision denying the Claim in its entirety shall be deemed to
have been issued 31 days after receipt of the last submittal of
the claimant or the last submittal of the opposing party, if
any.
D. No Claim for an adjustment in Contract Price or
Contract Times (or Milestones) will be valid if not submitted
in accordance with this paragraph 10.05.
ARTICLE 11 - COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means
the sum of all costs necessarily incurred and paid by CON-
TRACTOR in the proper performance of the Work. When
the value of any Work covered by a Change Order or when
a Claim for an adjustment in Contract Price is determined on
the basis of Cost of the Work, the costs to be reimbursed to
CONTRACTOR will be only those additional or incremental
costs required because of the change in the Work or because
of the event giving rise to the Claim. 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 11.01.B.
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 limitation superintendents, foremen, and
other personnel employed full time at the Site. 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, unem-
ployment, excise, and payroll taxes, workers'
compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of regular
working hours, on Saturday. Sunday, or legal holidays,
shall be included in the above to the extent authorized by
OWNER.
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 CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and returns from sale of surplus
materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may
be obtained.
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3. Payments made by CONTRACTOR to
Subcontractors for Work performed by Subcontractors.
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
acceptable. 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 this paragraph 11.01.
4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories,
surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation,
travel, and subsistence expenses of
CONTRACTOR's employees incurred in discharge
of duties connected with the Work.
b. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facili-
ties at the Site, and hand tools not owned by the
workers, which are consumed in the performance of
the Work, and cost, less market value, of such items
used but not consumed which remain the property of
CONTRACTOR.
c. Rentals of all construction equipment and
machinery, and the parts thereof whether rented
from CONTRACTOR or others in accordance with
rental agreements approved by OWNER with the
advice of ENGINEER, and the costs of
transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs
shall be in accordance with the terms of said rental
agreements. The rental of any such equipment, ma-
chinery, or parts shall cease when the use thereof is
no longer necessary for the Work.
d. Sales, consumer, use, and other similar
taxes related to the Work, and for which CON-
TRACTOR is liable, imposed by Laws and Regu-
lations.
e. 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.
f. 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 perfor-
mance of the Work (except losses and damages
within the deductible amounts of property insurance
established in accordance with paragraph 5.06.D),
provided such losses and damages have resulted
from causes other than the negligence of
CONTRACTOR, 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 settlements made with the
written consent and approval of OWNER. Na such
losses, damages, and expenses shall be included in
the Cost of the Work for the purpose of determining
CONTRACTOR's fee.
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
Site, expressage, and similar petty cash items in
connection with the Work.
i. When the Cost of the Work is used to
determine the value of a Change Order or of a
Claim, the cost of premiums for additional Bonds
and insurance required because of the changes in the
Work or caused by the event giving rise to the
Claim.
j. When all the Work is performed on the
basis of cost-plus, the costs of premiums for all
Bonds and insurance CONTRACTOR is required by
the Contract Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall
not include any of the following items:
1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnerships and sole proprietorships), general manag-
ers, engineers, architects, estimators, attorneys, audi-
tors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel
employed by CONTRACTOR, whether at the Site or in
CONTRACTOR's principal or 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.ol.A.1 or specifically
covered by paragraph 11.01.A.4, all of which are to be
00700-31
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considered administrative costs covered by the
CONTRACTOR's fee.
2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
Site.
3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRACTOR's capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
4. Costs due to the negligence of CONTRACTOR,
any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them
may be liable, including but not limited to, the
correction of defective Work, disposal of materials or
equipment wrongly supplied, and making good any
damage to property.
5. Other overhead or general expense costs of any
kind and the costs of any item not specifically and
expressly included in paragraphs 11.01.A and 11.01.B.
C. CONTRACTOR's Fee: When all the Work is
performed on the basis of cost-plus, CONTRACTOR's fee
shall be determined as set forth in the Agreement. When the
value of any Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined on
the basis of Cost of the Work, CONTRACTOR's fee shall be
determined as set forth in paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for
any purpose is to be determined pursuant to paragraphs
11.01.A and 11.01.B, CONTRACTOR will establish and
maintain records thereof in accordance with generally
accepted accounting practices and submit in a form
acceptable to ENGINEER an itemized cost breakdown
together with supporting data.
11.02 Cash Allowances
A. 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
performed for such sums as may be acceptable to OWNER
and ENGINEER. CONTRACTOR agrees that:
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
2. CONTRACTOR's costs for unloading and
handling on the Site, labor, installation costs, overhead,
profit; and other expenses contemplated for the allow -
ances 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.
B. 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.
11.03 Unit Price Work
A. 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 unit price for each
separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agree-
ment. 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 classifications of
Unit Price Work performed by CONTRACTOR will be
made by ENGINEER subject to the provisions of paragraph
9.08:
B. 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 separately
identified item.
C. OWNER or CONTRACTOR may make a Claim for
an adjustment in the Contract Price in accordance with
paragraph 10.05 if:
1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and
significantly from the estimated quantity of such item
indicated in the Agreement; and
2. there is no corresponding adjustment with
respect any other item of Work; and
3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in Contract
Price as a result of having incurred additional expense or
OWNER believes 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.
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ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any Claim for
an adjustment in the Contract Price shall be based on written
'notice submitted by the party making the Claim to the
ENGINEER and the other party to the Contract in accor-
dance with the provisions of paragraph 10.05.
B. The value of any Work covered by a Change Order
or of any Claim for an adjustment in the Contract Price will
be determined as follows:
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1. where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of such unit prices to the quantities of the items
involved (subject to the provisions of paragraph 11.03);
or
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 12.01.C.2); or
3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agree-
ment to a lump sum is not reached under paragraph
12.01.8.2, on the basis of the Cost of the Work
(determined as provided in paragraph 11.01) plus a
CONTRACTOR's fee for overhead and profit (deter-
mined as provided in paragraph 12.01.C).
C. CON RACTOR's Fee: The CONTRACTOR's fee
for overhead and profit shall be determined as follows:
1. a mutually acceptable fixed fee; or
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:
' a. for costs incurred under paragraphs
11.01.A.1 and 11.01.A.2, the CONTRACTOR's
fee shall be 15 percent;
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b. for costs incurred under paragraph
11.0i.A.3, the CONTRACTOR's fee shall be five
percent;
c.
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 paragraph
12.01.C.2.a is that the Subcontractor who actually
performs the Work, at whatever tier, will be paid
a fee of 15 percent of the costs incurred by such
Subcontractor under paragraphs 11.01.A.1 and
I1.01.A.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;
d. no fee shall be payable on the basis of costs
itemized under paragraphs I1.01.A.4, 11.01.A.5,
and 11.01.8;
e. the amount of credit to be allowed by
CONTRACTOR 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
f. when both additions and credits are in-
volved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with para-
graphs 12.01.C.2.a through 12.01.C.2.e, inclu-
sive.
12.02 Change of Contract Times
A. The Contract Times (or Milestones) may only be
changed by a Change Order or by a Written Amendment.
Any Claim for an adjustment in the Contract Times (or
Milestones) shall be based on written notice submitted by the
party making the claim to the ENGINEER and the other
party to the Contract in accordance with the provisions of
paragraph 10.05.
B. Any adjustment of the Contract Times (or
Milestones) covered by a Change Order or of any Claim for
an adjustment in the Contract Times (or Milestones) will be
determined in accordance with the provisions of this
Article 12.
12.03 Delays Beyond CONTRACTOR's Control
A. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of
CONTRACTOR, 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
12.02.A. 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
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Article 7, fires, floods, epidemics, abnormal weather
conditions, or acts of God.
12.04 Delays Within CONTRACTOR's Control
A. The Contract Times (or Milestones) will not be
extended due to delays within the control of
CONTRACTOR. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.05 Delays Beyond OWNER's and CONTRACTOR's
Control
A. 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.
12.06 Delay Damages
A. In no event shall OWNER or ENGINEER be liable
to CONTRACTOR, any Subcontractor, any Supplier, or 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:
1. delays caused by or within the control of CON-
TRACTOR; or
2. delays beyond the control of both OWNER and
CONTRACTOR including but not limited to fires,
floods, epidemics, abnormal weather conditions, acts of
God, or acts or neglect by utility owners or other
contractors performing other work as contemplated by
Article 7.
B. Nothing in this paragraph 12.06 bars a change in
Contract Price pursuant to this Article 12 to compensate
CONTRACTOR due to delay, interference, or disruption
directly attributable to actions or inactions of OWNER or
anyone for whom OWNER is responsible.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
OWNER or ENGINEER has actual knowledge will be given
to CONTRACTOR. All defective Work may. .be rejected,
corrected, or accepted as provided in this Article 13.
13.02 Access to Work
A. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER, independent
testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and 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.
13.03 Tests and Inspections
A. CONTRACTOR shall give ENGINEER timely
notice 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.
B. 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:
1. for inspections, tests, or approvals covered by
paragraphs 13.03.C and 13.03.D below;
2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.04.E
shall be paid as provided in said paragraph 13.04.B; and
3. as otherwise specifically provided in the Con-
tract Documents.
C. 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
representative 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.
• D. CONTRACTOR shall be responsible for arranging
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 acceptance of materials, mix
designs, or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in the
Work. Such inspections, tests, or approvals shall be
performed by organizations acceptable to OWNER and
ENGINEER.
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E. 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
requested by ENGINEER, be uncovered for observation.
F. Uncovering Work as provided in paragraph 13.03.E
shall be at CONTRACTOR's expense unless CON-
TRACTOR. has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and ENGI-
NEER has not acted with reasonable promptness in response
to such notice.
13.04 Uncovering Work
A. 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.
B. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's
request, 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 (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) arising out of or relating to 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. If the parties are unable to
agree as to the amount thereof, OWNER may make a Claim
therefor as provided in paragraph 10.05. 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 attribut-
able to such uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction. If the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a Claim therefor as provided in
paragraph 10.05.
13.05 OWNER May Stop the Work
A. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to 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 shall not give rise to any duty on the part of
OWNER to exercise this right for the benefit of
CONTRACTOR, any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or agent
of any of them.
13.06 Correction or Removal of Defective Work
A. CONTRACTOR shall correct all defective Work,
whether or not fabricated, installed, or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
Project and replace it with Work that is not defective.
CONTRACTOR shall pay 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)
arising out of or relating to such correction or removal
(including but not limited to all costs of repair or replacement
of work of others).
13.07 Correction Period
A. If within one year after the date of Substantial
Completion or such longer period of time as may be
prescribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract
Documents or by any specific provision of the Contract
Documents, any Work is found to be defective, or if the
repair of any damages to the land or areas made available for
CONTRACTOR's use by OWNER or permitted by Laws and
Regulations as contemplated in paragraph 6.11.A is found to
be defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions: (i) repair such defective land or areas, or (ii)
correct such defective Work or, if the defective Work has
been rejected by OWNER, remove it from the Project and
replace it with Work that is not defective, and (iii) satisfac-
torily correct or repair or remove and replace any damage to
other Work, to the work of others or other land or areas
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
repaired or may have the rejected Work removed and
replaced, and 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)
arising out of or relating to such correction or repair or such
removal and replacement (including but not limited to all
costs of repair or replacement of work of others) will be paid
by CONTRACTOR.
B. In special circumstances where a particular item of
equipment is placed in continuous service before Substantial
Completion of all the Work, the correction period for that
00700-35
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item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
C. Where defective Work (and damage to other Work
resulting therefrom) has been corrected or removed and
replaced under this paragraph 13.07, the correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or removal
and replacement has been satisfactorily completed.
D. CONTRACTOR's obligations under this paragraph
13.07 are in addition to any other obligation or warranty.
The provisions of this paragraph 13.07 shall not be construed
as a substitute for or a waiver of the provisions of any
applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment,
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay 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)
attributable to OWNER's evaluation of and determination to
accept such defective Work (such costs to be approved by
ENGINEER as to reasonableness) and the diminished value
of the Work to the extent not otherwise paid by
CONTRACTOR pursuant to this sentence. 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, reflecting the
diminished value of Work so accepted. If the parties are
unable to agree as to the amount thereof, OWNER may make
a Claim therefor as provided in paragraph 10.05. If the
acceptance occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
13.09 OWNER May Correct Defective Work
A. 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 13.06.A, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails to
comply with any other provision of the Contract Documents,
OWNER may, after seven days written notice to
CONTRACTOR, correct and remedy any such deficiency.
B. In
exercising
the rights and
remedies under
this
paragraph,
OWNER
shall proceed
expeditiously.
In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the Site, take possession of all or part of the Work and
suspend CONTRACTOR's. services related thereto, take
possession of CONTRACTOR's tools, appliances, con-
struction equipment and machinery at the Site, and incorpo-
rate 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 contractors, and ENGINEER and
ENGINEER's Consultants access to the Site to enable
OWNER to exercise the rights and remedies under this
paragraph.
C. 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) incurred or
sustained by OWNER in exercising the rights and remedies
under this paragraph 13.09 will be charged against CON-
TRACTOR, 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. If the parties are
unable to agree as to the amount of the adjustment, OWNER
may make a Claim therefor as provided in paragraph 10.05.
Such claims, costs, losses and damages will include but not
be limited to all costs of repair, or replacement of work of
others destroyed or damaged by correction, removal, or
replacement of CONTRACTOR's defective Work.
D. 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 under this
paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
A. The schedule of values established as provided in
paragraph 2.07.A will serve as the basis for progress
payments and 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 completed.
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14.02 Progress Payments
A. Applications for Payments
1. At least 20 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 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 docu-
mentation 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 or other arrangements
to protect OWNER's interest therein, all of which must
be satisfactory to OWNER.
2. Beginning with the second Application for
Payment, each Application shall include an affidavit of
CONTRACTOR stating that all previous progress
payments received on account of the Work have been
applied on account to discharge CONTRACTOR's
legitimate obligations associated with prior Applications
for Payment.
3. The amount of retainage with respect to pro-
gress payments will be as stipulated in the Agreement.
B. Review of Applications
1. ENGINEER will, within 10 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 indicating in writing ENGINEER's
reasons for refusing to recommend payment. In the
latter case, CONTRACTOR may make the necessary
corrections and resubmit the Application.
2. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute
a representation by ENGINEER to OWNER, based on
ENGINEER's observations on the Site of the executed
Work as an experienced and qualified design profession-
al and on ENGINEER's review of the Application for
Payment and the accompanying data and schedules, that
to the best of ENGINEER's knowledge, information and
belief:
a. the Work has progressed to the point
indicated;
b. the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation 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 9.08, and to any other
qualifications stated in the recommendation); and
c. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled in so far as it is
ENGINEER's responsibility to observe the Work.
3. By recommending any such payment ENGI-
NEER will not thereby be deemed to have represented
that: (i) inspections made to check the quality or the
quantity of the Work as it has been performed have been
exhaustive, extended to every aspect of the Work in
progress, or involved detailed inspections 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 CONTRACTOR to be paid
additionally by OWNER or entitle OWNER to withhold
payment to CONTRACTOR.
4. Neither ENGINEER's review of
CONTRACTOR's Work for the purposes of recom-
mending payments nor ENGINEER's recommendation
of any payment, including final payment, will impose
responsibility on ENGINEER to supervise, direct, or
control the Work or for the means, methods, techniques,
sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for CON-
TRACTOR's failure to comply with Laws and Regu-
lations applicable to CONTRACTOR's performance of
the Work. Additionally, said review or recommendation
will not impose responsibility on ENGINEER to make
any examination to ascertain how or for what purposes
CONTRACTOR has used the moneys paid on account of
the Contract Price, or to determine that title to any of
the Work, materials, or equipment has passed to
OWNER free and clear of any Liens.
5. 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 representa-
tions to OWNER referred to in paragraph 14.02.B.2.
ENGINEER may also refuse to recommend any such
payment or, because of subsequently discovered
evidence or the results of subsequent inspections or tests,
00700-37
revise or revoke any such paym
previously made, to such extent as
ENGINEER's opinion to protect
because:
ent recommendation OWNER shall promptly pay CONTRACTOR the
may be necessary in amount so withheld, or any adjustment thereto agreed to
OWNER from loss by OWNER and CONTRACTOR, when CONTRAC-
TOR corrects to OWNER's satisfaction the reasons for
such action.
a. the Work is defective, or completed Work
has been damaged, requiring correction or replace-
ment;
b. the Contract Price has been reduced by
Written Amendment or Change Orders;
c. OWNER has been required to correct
defective Work or complete Work in accordance
with paragraph 13.09; or
d. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in para-
graph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the Application
for Payment to OWNER with ENGINEER's recom-
mendation, the amount recommended will (subject to the
provisions of paragraph 14.02.D) become due, and when
due will be paid by OWNER to CONTRACTOR.
D. Reduction in Payment
1. OWNER may refuse to make payment of the
full amount recommended by ENGINEER because:
a. claims have been made against OWNER on
account of CONTRACTOR's performance or fur-
nishing of the Work;
b. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered
a specific Bond satisfactory to OWNER to secure
the satisfaction and discharge of such Liens;
c. there are other items entitling OWNER to
a set-off against the amount recommended; or
d. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in paragraphs
14.02.B.5.a through 14.02.B.5.c or paragraph
15.02.A.
2. If OWNER refuses to make payment of the full
amount recommended by ENGINEER, OWNER must
give CONTRACTOR immediate written notice (with a
copy to ENGINEER) stating the reasons for such action
and promptly pay CONTRACTOR any amount
remaining after deduction of the amount so withheld.
3. If it is subsequently determined that OWNER's
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
determined by paragraph 14.02.C.1.
14.03 CONTRACTOR's Warranty of Title
A. 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.
14.04 Substantial Completion
A. When CONTRACTOR considers the entire' Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGINEER
issue a certificate of Substantial Completion. Promptly
thereafter, OWNER, CONTRACTOR, and ENGINEER
shall make an inspection of the Work to determine the status
of completion. If ENGINEER does not consider the Work
substantially 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 Completion 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 14 days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons therefor. If,
after consideration of OWNER's objections, ENGINEER
considers the Work substantially complete, ENGINEER will
within said 14 days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of 'items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER •believes justified after
consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Comple-
tion ENGINEER will deliver to OWNER and CONTRAC-
TOR a written recommendation as to division of responsibili-
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00700-38
ties pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety,
and protection of the Work, maintenance, heat, utilities,
insurance, and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so
inform ENGINEER in writing prior to ENGINEER's issuing
the definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding on
OWNER and CONTRACTOR until final payment.
B. OWNER shall have the right to exclude
CONTRACTOR from the Site after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the
tentative list.
14.05 Partial Utilization
A. Use by OWNER at OWNER's option of any
substantially completed part of the Work which has
specifically been identified in the Contract Documents, or
which OWNER. ENGINEER, and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended purpose
without significant interference with CONTRACTOR's
performance of the remainder of the Work, may be
accomplished prior to Substantial Completion of all the Work
subject to the following conditions.
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
CONTRACTOR agrees that such part of the Work is
substantially complete, CONTRACTOR will certify to
OWNER and ENGINEER that such part of the Work is
substantially complete and request ENGINEER to issue
a certificate of Substantial Completion for that part of
the Work. CONTRACTOR at any time may notify
OWNER and ENGINEER in writing that
CONTRACTOR considers any such part of the Work
ready for its intended use and substantially complete and
request ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. Within a
reasonable time after either such request, OWNER,
CONTRACTOR, and ENGINEER shall make an
inspection of that part of the Work to determine its status
of completion. If ENGINEER does not consider that
part of the Work to be substantially complete,
ENGINEER will notify OWNER and CONTRACTOR
in writing giving the reasons therefor. If ENGINEER
considers that part of the Work to be substantially
complete, the provisions of paragraph 14.04 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.
2. No occupancy or separate operation of part of
the Work may occur prior to compliance with the
requirements of paragraph 5.10 regarding property
insurance.
14.06 FinalInspection
A. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will promptly make a final inspection with
OWNER and CONTRACTOR and will notify CON-
TRACTOR in writing of all 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.
14.07 Final Payment
A. Application for Payment
1. After CONTRACTOR has, in the opinion of
ENGINEER, satisfactorily completed all corrections
identified during the final inspection and has delivered,
in accordance with the Contract Documents, all main-
tenance and operating instructions, schedules, guaran-
tees, Bonds, certificates or other evidence of insurance
certificates of inspection, marked -up record documents
(as provided in paragraph 6.12), and other documents,
CONTRACTOR may make application for final
payment following the procedure for progress payments.
2. 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 5.04.B.7; (ii) consent of the
surety, if any, to final payment; and (iii) complete and
legally effective releases or waivers (satisfactory to
OWNER) of all Lien rights arising out of or Liens filed
in connection with the Work.
3. In lieu of the releases or waivers of Liens
specified in paragraph 14.07.A.2 and as approved by
OWNER, CONTRACTOR 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 for which
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 satisfactory to OWNER to indemnify
OWNER against any Lien.
00700-39
B. Review of Application and Acceptance
1. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER'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 for Payment to OWNER for pay-
ment. At the same time ENGINEER will also give
written notice to OWNER and CONTRACTOR that the
Work is acceptable subject to the provisions of
paragraph 14.09. Otherwise, ENGINEER will return
the Application for Payment to CONTRACTOR,
indicating in writing the reasons for refusing to
recommend final payment, in which case CON-
TRACTOR shall make the necessary corrections and
resubmit the Application for Payment.
C. Payment Becomes Due
1. Thirty days after the presentation to OWNER of
the Application for Payment andaccompanying docu-
mentation, the amount recommended by ENGINEER
will become due and, when due, will be paid. by OWN-
ER to CONTRACTOR.
14.08 Final Completion Delayed
A. If, through no fault of CONTRACTOR, final
completion 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 ENGINEER, and without terminating the
Agreement, make payment 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 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by CON-
TRACTOR to ENGINEER with the Application for such
payment. Such payment shall be made under the terms and
conditions governing final payment; exceptthat it shall not
constitute a waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment will
constitute:
1. a waiver of all Claims by OWNER against
CONTRACTOR, except Claims arising from unsettled
Liens, from defective Work appearing after final
inspection pursuant to paragraph 14.06, from failure to
comply with the Contract Documents or the terms of any
special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the
Contract Documents; and '
2. a waiver of all Claims by CONTRACTOR
against OWNER other than those previously made in
writing which are still unsettled.
ARTICLE 15 -SUSPENSION OF WORK AND
TERMINATION
15.01 OWNER May Suspend Work
A. At any time and without cause, OWNER may
suspend the Work or any portion thereof for aperiod of not
more than 90 consecutive days by notice in writing to CON-
TRACTOR and ENGINEER which will fix the date on which
Work will be resumed. CONTRACTOR shall resume the
Work on the date so fixed. CONTRACTOR shall be allowed
an adjustment in the Contract Price or an extension of the
Contract Times, or both, directly attributable to any such
suspension if CONTRACTOR makes a Claim therefor as
provided in paragraph 10.05.
15.02 OWNER May Terminate for Cause
A. The occurrence of any one or more of the following
events will justify termination for cause:
1. CONTRACTOR's persistent failure to perform
the Work in accordance with the Contract Documents
(including, 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 2.07 as adjusted from time to time
pursuant to paragraph 6.04);
2. CONTRACTOR's disregard of Laws or
Regulations of any public body having jurisdiction;
3. CONTRACTOR's disregard of the authority of
ENGINEER; or
4. CONTRACTOR's violation in any substantial
way of any provisions of the Contract Documents.
B. If one or more of the events identified in paragraph
15.02.A occur, OWNER may, after giving CONTRACTOR
(and the surety, if any) seven days written notice, terminate
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to services of CONTRACTOR, exclude CONTRACTOR
from the Site, and take possession of the Work and of all
IONTRACTOR's tools, appliances, construction equipment,
nd machinery at the Site, and use the same to the full extent
they could be used by CONTRACTOR (without liability to
RONTRACTOR for trespass or conversion), incorporate in
he Work all materials and equipment stored at the Site or for
which OWNER has paid CONTRACTOR but which are
tored elsewhere, and finish the Work as OWNER may deem
xpedient. In such case, CONTRACTOR shall not be
ntitled to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Price exceeds
liI claims, costs, losses, and damages (including but not
mited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or arbitration
r other dispute resolution costs) sustained by OWNER
sing out of or relating to completing the Work, such excess
ill be paid to CONTRACTOR. If such claims, costs,
losses, and damages exceed such unpaid balance,
ONTRACTOR shall pay the difference to OWNER. Such
laims, costs, losses, and damages incurred by OWNER will
be reviewed by ENGINEER as to their reasonableness and,
When so approved by ENGINEER, incorporated in a Change
Order. When exercising any rights or remedies under this
paragraph OWNER shall not be required to obtain the lowest
'price for the Work performed.
C. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect any
Ierights or remedies of OWNER against CONTRACTOR then
xisting or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
'not release CONTRACTOR from liability.
15.03 OWNER May Terminate For Convenience
A. 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 Contract. In such case, CONTRACTOR shall
be paid (without duplication of any items):
I1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and
' reasonable sums for overhead and profit on such Work;
2. for expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials, or equipment as required by the
Contract Documents in connection with uncompleted
Work, plus fair and reasonable sums for overhead and
' profit on such expenses;
3. for all claims, costs, losses, and damages
' (including but not limited to all fees and charges of
00700-41
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred in settlement of terminated contracts
with Subcontractors, Suppliers, and others; and
4. for reasonable expenses directly attributable to
termination.
B. 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.
15.04 CONTRACTOR May Stop Work or Terminate
A. If, through no act or fault of CONTRACTOR, the
Work is suspended for more than 90 consecutive days by
OWNER or under an order of court or other public authority,
or ENGINEER fails to act on any Application for Payment
within 30 days after it is submitted, or OWNER fails for 30
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 Contract and recover from
OWNER payment on the same terms as provided in
paragraph 15.03. In lieu of terminating the Contract and
without prejudice to any other right or remedy, if ENGI-
NEER has failed to act on an Application for Payment within.
30 days after it is submitted, or OWNER has failed for 30
days to pay CONTRACTOR any sum finally determined to
be due, CONTRACTOR may, seven days after written notice
to OWNER and ENGINEER, stop the Work until payment
is made of all such amounts due CONTRACTOR, including
interest thereon. The provisions of this paragraph 15.04 are
not intended to preclude CONTRACTOR from making a
Claim under paragraph 10.05 for an adjustment in Contract
Price or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping the Work
as permitted by this paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Dispute resolution methods and procedures, if any,
shall be as set forth in the Supplementary Conditions. If no
method and procedure has been set forth, and subject to the
provisions of paragraphs 9.09 and 10.05, OWNER and
CONTRACTOR may exercise 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
17.01 Giving Notice
A. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to
have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the
corporation for whom it is intended, or if delivered at or sent
by registered or certified mail, postage prepaid, to the last
business address known to the giver of the notice.
17.02 Computation of Times
A. 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.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder
to the parties hereto are in addition to, and are not to be
construed in any way as a limitation of, any rights and
remedies available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special
warranty or guarantee, or by other provisions of the Contract
Documents, and the provisions of this paragraph will be as
effective as if repeated specifically in the Contract
Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warranties,
and guarantees made in, required by, or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will survive
final payment, completion, and acceptance of the Work or
termination or completion of the Agreement.
17.05 Controlling Law
A. This Contract is to be governed by the law of the
state in which the Project is located.
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' Section 00800
' SUPPLEMENTARY CONDITIONS
' LIST OF SUBJECTS
SC -1.01 Defined Terms
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SC-2.02 Copies ofDocuments
SC -2.05.B Preliminary Schedules:
SC -2.05.C Evidence of Insurance:
SC -4.02 Subsurface and Physical Conditions
SC -4.04 Underground Facilities
SC -5.01 Performance, Payment, and Other Bonds
' SC -5.02 Licensed Sureties and Insurers
SC -5.03 Certificates ofInsurance
SC -5.04 CONTRACTOR's Liability Insurance
SC -5.04.B.1 Identification of Additional Insureds
SC -5.04.B.5 Notice of Cancellation of Liability Insurance
' SC -5.05 OWNER's Liability Insurance
SC -5.06 Property Insurance
SC -5.08 Receipt and Application ofInsurance Proceeds
SC -6.04 Progress Schedules
SC -6.08 Permits
SC -6.19 CONTRACTOR's General Warranty and Guarantee
' SC -7.01 Related Work at the Site
SC -7.03 Separate Contractor Claim
SC -8.06 Insurance
' SC -9.03 Project Representative
SC -10.06 Authority for Changes in the Work
SC -11.03 Unit Price Work
SC -12.03 Delays Beyond CONTRACTOR's Control
SC -14.02 Progress Payments
SC -14.02.B Review ofApplications
SC -14.02.C Payment Becomes Due
SC -14.04 Substantial Completion
SC -14.05 Partial Utilization
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City of Fayetteville
10/19/99
Page 00800-1
p
These Supplementary Conditions amend or supplement the Standard General Conditions of the '
Construction Contract (EJCDC No. 1910-8, 1996 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 -1.01 Defined Terms
The terms used in the Supplementary Conditions which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1996 Edition) have the meanings assigned to
them in the General Conditions. In addition to the provisions of paragraph 1.01, the following
supplemental definitions apply:
"1.01.30. "OWNER" shall mean the City Of Fayetteville, Arkansas, acting through its duly
authorized representatives. Address - City of Fayetteville, 113 West Mountain, Fayetteville, AR
72701."
Add the following definitions to paragraph 1.01 of the General Conditions: '
"1.01.51. "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.
1.01.52. "Advertisement" shall mean the legal publications pertaining to the work of this contract. '
1.01.53. "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.
1.01.54. "Grade" shall mean and indicate the established elevations of the paving, flow lines of
sewers and other appurtenances as shown on the Drawings."
SC -2.02 Copies of Documents
Delete paragraph 2.02.A of the General Conditions in its entirety and insert the following in its place:
"A. ENGINEER shall furnish to CONTRACTOR six (6) 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 day the OWNER executes the contract.
OWNER shall furnish to CONTRACTOR up to four (4) 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."
City of Fayetteville 10/19/99 Page 00800-2
1
SC -2.05.B. Preliminary Schedules:
Add the following to the end of paragraph 2.05.B.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 -2.05.C. Evidence of Insurance:
Delete all references to OWNER supplied and OWNER delivered insurance.
SC -4.02 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 -4.04 Underground Facilities
Add a new paragraph 4.04.B.3 immediately following paragraph 4.04.B.2 of the General Conditions
which shall read as follows:
"3. Paragraphs 4.04.B.l and 4.04.B.2 do 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
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
ofUnderground 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 -5.01 Performance, Payment and Other Bonds
Delete paragraph 5.01.C of the General Conditions in its entirety and insert the following new
paragraph in its place:
"C. 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 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
City of Fayetteville 10/19/99 Page 00800-3
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."
Add the following new paragraphs immediately after paragraph 5.01.C of the General Conditions
which read as follows:
"D. 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.
E. Additional Information: CONTRACTOR shall provide the Bonds as described in these sections
within ten (10) days after the receipt of a Notice of Selection.
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 -5.02 Licensed Sureties and Insurers
Add the following new paragraphs immediately after paragraph 5.02.A of the General Conditions
which read as follows:
"B. 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.
C. 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."
City of Fayetteville
10/19/99
Page 00800-4 Ii
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11 SC -5.03 Certificates of Insurance
' Delete the second sentence of paragraph 5.03.A ("OWNER shall deliver to Contractor...") in its
entirety.
SC -5.04 CONTRACTOR'S Liability Insurance
The limits for liability for the insurance required by paragraph 5.04 of the General Conditions shall
provide coverage for not less than the following amounts or greater where required by Laws and
Regulations:
Workers Compensation, etc. under paragraphs 5.04.A.1 and 5.04.A.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 5.04.A.3 through 5.04.A.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 5.04.A.6 of the General Conditions:
(1) Bodily Injury:
$1,000,000.00
$2,000,000.00
Property Damage:
$500,000.00
or
Each person
Each occurrence
Each occurrence
(2) a combined single limit of $2,000,000.00.
SC -5.04.B.1. Identification of Additional Insureds
Additional insureds with respect to insurance required by paragraph 5.04 of the General Conditions
shall include: the City of Fayetteville, Arkansas (OWNER and ENGINEER).
City of Fayetteville
10/19/99 Page 00800-5
SC -5.04.B.5. Notice of Cancellation of Liability. Insurance
Add the following language at the end of paragraph 5.04.B.5 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."
SC -5.05 OWNER's Liability Insurance
Delete paragraph 5.05 of the General Conditions in its entirety and insert the following in its place:
"5.05 OWNER's and ENGINEER's Contingent. Protective Liability Insurance
A. 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,
judgments 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 -5.06 Property Insurance
Delete paragraph 5.06.A of the General Conditions in its entirety and insert the following in its place:
"A. 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 5.06 will contain a provision
City of Fayetteville
10/19/99
•a 080 .
I
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 OWNER by certified mail and
will contain wavier provisions in accordance with General Condition paragraph 5.07.B."
Delete paragraph 5.06.B of the General Conditions in its entirety and insert the following in its place:
"B. CONTRACTOR shall 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."
' Delete paragraph 5.06.C of the General Conditions in its entirety and insert the following in its place:
"C. 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."
Delete paragraph 5.06.E of the General Conditions in its entirety.
SC -5.08 Receipt and Application of Insurance Proceeds
Delete paragraph 5.08 of the General Conditions in its entirety.
' SC -6.04 Progress Schedules
Add a new paragraph.6.04.A.3 immediately following paragraph 6.04.A.2 of the General Conditions
which shall read as follows:
"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 -6.08 Permits
Add a new paragraph 6.08.B immediately after paragraph 6.08.A of the General Conditions which
shall read as follows:
"B. CONTRACTOR shall obtain, and maintain on the job -site, an NPDES Storm Water Discharge
Permit, if needed, from the NPDES Branch of the Water Division of the Arkansas Department of
Environmental Quality (ADEQ). CONTRACTOR shall request the necessary forms and instructions
by writing to the following address:
City of Fayetteville 10/19/99 Page 00800-7
ADEQ
8001 National Drive
P.O. Box 8913
Little Rock, Arkansas 72219-8913
(501) 682-0744
SC -6.19 CONTRACTOR's General Warranty and Guarantee
Add a new paragraph 6.19.C immediately after paragraph 6.19.B of the General Conditions which
shall read as follows:
"C. For a period of two (2) 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 (2) 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 paragraph 14.07.B, Review ofApplication and Acceptance, or the date
of Substantial Completion as specified in paragraph 14.04. 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 or replacements promptly, OWNER may perform the
work and the CONTRACTOR and the CONTRACTOR's Surety shall be liable for all costs thereof."
SC -7.01 Related Work at the Site
Delete paragraph 7.01.A of the General Conditions in its entirety and insert the following in its place:
"A. 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.
Also, OWNER and ENGINEER cannot be certain that each and every utility requiring relocation has
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."
Delete the first sentence of paragraph 7.01.B of the General Conditions and insert the following
sentence in its place:
"B. 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."
1
City of Fayetteville
10/19/99
Page 00800-8
1
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Delete the last sentence of paragraph 7.01.E of the General Conditions in its entirety.
SC -7.03 Separate Contractor Claim
Add a new paragraph 7.03 immediately after paragraph 7.02 of the General Conditions which shall
read as follows:
"7.03 Separate Contractor Claim
A. Should CONTRACTOR cause damage to the Work or property of any separate contractor (or
separate party) at the site, or should any claim arising out of CONTRACTOR'S performance of the
Work at the site be made by any separate contractor (or separate party) against CONTRACTOR,
OWNER or ENGINEER, or any such person, CONTRACTOR shall promptly attempt to settle with
such other separate contractor (or separate party) by agreement or otherwise resolve the dispute by
arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations,
indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses
and expenses (including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals and court and arbitration costs) arising directly, indirectly or consequentially out
of any action, legal or equitable, brought by any separate contractor (or separate party) against
OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance
of the Work. Should a separate contractor (or separate party) cause damage to the Work or property
of CONTRACTOR or should the performance of Work by any separate contractor (or separate party)
at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or
equitable, against OWNER or ENGINEER or permit any action against them to be maintained and
continued in CONTRACTOR'S name for benefit in any court or before any arbitrator which seeks to
impose liability on, or recover damages from OWNER or ENGINEER on account of such damage
or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or
neglect of a separate contractor (or separate party) and OWNER and CONTRACTOR are unable to
agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may
make a claim for an extension of time in accordance with Article 12 of the General Conditions. An
extension of 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 -8.06 Insurance
Delete paragraph 8.06 of the General Conditions in its entirety.
SC -9.03 Project Representative
•' Paragraph 9.03 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 9.10 of the General Conditions.
ICity of Fayetteville 10/19/99 Page 00800-9
SC -10.06 Authority for Changes in the Work
Add a new paragraph 10.06 immediately following paragraph 10.05 of the General Conditions to
read:
"10.06 Authorityfor Changes in the Work
A. 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 -11.03 Unit Price Work
Paragraph 11.03.C of the General Conditions is hereby deleted in its entirety and the following is
substituted in its place:
"C. The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment
under the following conditions:
1. if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of
the Contract Price and the variation of the quantity of that particular item of Unit Price Work
performed by CONTRACTOR differs by more than 25 percent from the estimated quantity of
such item indicated in the Agreement; and
2. if there is no corresponding adjustment with respect to any other item of Work; and
3. if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a
result thereof; or
4. if OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit
price; then
5. either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract
Price in accordance with Article 11 of the General Conditions if the parties are unable to agree
as to the effect of any such variations in the quantity of Unit Price Work performed."
City of Fayetteville 10/19/99 Page 00800-10
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SC -12.03 Delays Beyond CONTRACTOR's Control
Delete the words "abnormal weather conditions" from the second sentence of paragraph 12.03.A of
the General Conditions, and add the following sentences at the end of paragraph 12.03.A:
"Contractor will be allowed delays for weather conditions, based on the concurrence of Contractor
and Owner or Engineer, for two circumstances: 1) 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 -14.02 Progress Payments
Paragraph 14.02.A of the General Conditions is hereby deleted in its entirety and the following
substituted in its place:
"A. Applications for Payments
1. Monthly estimates will be prepared to include all work accomplished for the period ending
the third Friday of each month, or
2. Progress payments will be prepared at regular intervals, as scheduled by joint consent of
CONTRACTOR and ENGINEER at the pre -construction conference.
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
1 update shall be reason to reject CONTRACTOR'S request for progress payment
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.
1 City of Fayetteville 10/19/99 Page 00800-11
I
5. The amount of retainage with respect to progress payments will be as stipulated in the i
Agreement."
SC -14.02.B. Review ofApplications
Insert the following new paragraphs 14.02.B.5.c and .14.02.B.5.d to paragraph 14.02.B.5 of the
General Conditions, as additional reasons for ENGINEER to reduce CONTRACTOR's request for
progress payment, and renumber paragraphs 14.02.B.5.c and 14.02.B.5.d as 14.02.B.5.e and
14.02.B.5.f.
"c. liability for liquidated damages has been incurred by CONTRACTOR;
d. CONTRACTOR has failed to maintain record documents as required by paragraph 6.12;"
SC -14.02.C. Payment Becomes Due I
Delete paragraph 14.02.C.1 of the General Conditions and replace with the following:
"1. 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 -14.04 Substantial Completion
The following shall be added at the end of paragraph 14.04.A of the General Conditions: I
"The Work will be considered substantially complete when the following work items are complete
and ready for continuous use by the OWNER: J
All sidewalk construction has been completed, along with appurtenant items such as curb &
gutter, access ramps, and driveways. I
CONTRACTOR has essentially completed the record documents required by paragraph 6.12, �.
and, in ENGINEER's judgment, these are accurate and complete and will be ready for delivery
to OWNER prior to Final Payment being made.
The following items rieed not be completed for the Work to be considered substantially complete:
Final cleanup of project area and final dressing of grassy/earthen areas behind curbs.
Determination of quality of growth resulting from sodding and seeding & mulching.
Other minor items identified for correction on the final punchlist."
10/19/99
Page 00800-12
I
SC -14.05 Partial Utilization
Insert the following new paragraphs 14.05.A.2 and 14.05.A.3 in the General Conditions, and
renumber existing paragraph 14.05.A.2 as 14.05.A.4:
"2. Any portions of the pipeline work may be considered substantially complete, prior to the
entire project being substantially complete, if the OWNER may take over continuous operation
of that part of the Work. Such part of the Work shall only be considered by ENGINEER for
partial utilization if no further connections must be made to it, and no further interruptions in
service due to other parts of the Work can reasonably be anticipated.
3. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not substantially complete. A copy of such
request will be sent to ENGINEER and within a reasonable time thereafter OWNER,
CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items remaining to be completed or corrected
thereon before final payment. If CONTRACTOR does not object in writing to OWNER and
ENGINEER that such part of the Work is not ready for separate operation by OWNER,
ENGINEER will finalize the list of items to be completed or corrected before final payment.
• ENGINEER will furnish OWNER and CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance,
warranties and guarantees for that part of the Work which will become binding upon OWNER
and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have
otherwise agreed in writing and so informed ENGINEER). During such operation and prior to
Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on said list and to complete other related Work."
IEnd of Section 00800
I
[1
I
ICity of Fayetteville
10/19/99
Page 00800-13
Part 1- GENERAL
A. SECTION INCLUDES
A. Project Scope
B. Work by Others
C. Work Sequence
Section 01010
SUMMARY. OF WORK
F.
I. .
D. Contractor Use of Premises
B. CONTRACT SCOPE
A. Removal & disposal of existing asphalt curb, asphalt pavement, concrete curb & gutter,
driveways, and sidewalk; and construction of approximately 1500 LF of concrete curb &
gutter and sidewalk with associated earthwork, aggregate base, asphalt pavement, driveways,
access ramps and all items indicated in the Drawings and Specifications.
C. WORK BY OTHERS
A. Southwestern Bell has utilities that may have to be relocated or adjusted.
B. Arkansas Western Gas has utilities that may have to be relocated or adjusted.
C. SWEPCO may need to relocate some power poles and electric power cables within the project
site.
The Contractor shall provide all traffic control to facilitate the work done by the City.
D. CONTRACTOR'S USE OF PREMISES
A. Contractor will be limited to the areas obtained as rights -of -way or easements within the
project.
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
City of Fayetteville 11/1/99 Page 01010-1
r
♦ •chord,°with survey chain or steel tape \A 't ' r' e " > , .,
.
E. Item Measurement:;. 'Items to:bipaid for�each" unit furnished and installed
shall be counted by Engineer.
'i.A _�tY �,. n.� '•1.� iiA. r'.Se r: - 3: -.r l .:4�r r• •� tYt` j•4 :.f..•
1.5 PAYMENT aa.'• \5'.: Y r Ci f ♦
• ,:.a:. Z `R. ��' 5 {.Ai .. J (\ •1 r... i. w ( re
•{/'//! � Li
• A. Pt_ `Payment Includes'�Q
: Full compensation for fequirW labor, Products, tools; equipment,
toVr c_plant; transportation;, services and incidentals; erection, application or installation of an
.r qi -huxqiP3 item of the Work; overhead and profit.k ntrq t.;, p ry
T, r�"3
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
'1'` t which is incorporated in of made necessary by three. Work. ='� '; is
O.. i2. h �' :.. \ r::�3�. .!i!` t. 1:.. -°' , ,%. 'a rf. 'irk' • ..
c,rl`13A f
1.6 DEFECT ASSESSMENT `
...I ..71".ti 373(FI•L:h."Yt "--:t #t �k"l Yr-.a :'`.n... `^,21513 a'E:' uiGa.{L. • .�.•�-r � b a
A. ' Replace the.Work. or portions of the Work; hot conforming to specified requirements.
:. .. .2-. .:lyr aLi:r' *'a:Y' Z.. a ':Gw e - ,j
• B. _;,,If,'in the opinion ofEngineer, it is notpractical to remove and replace the Work, Engineer
= will direct that the defective Work will be repaired to the satisfaction of Engineer, and the
F up i e> i numt puce will be•adjusted to arnew,price at the discretion of Engineer." "h''"
C. The authority of Engineer to assess the defect and identify; payment adjustment is final.
(
rrLL � '(y;(�fti *\�' -Y.. ':�:i ' :. .d� ( 14 l tiir':.
nil n INON-PAYMENT FOR REJECTED PRODUCTS r - Li!�
_32S
.r
7'J:�fr'i109(oVr1^mhoinIgi e".flgquaP*=,1.' i[3 -v. `4t1' ?"3thi£iBAlt '(1"rer5:.Tt'
h ct kit A:. T1 Payment will not be madefor any of -the following: n, . r_:.,.
r ' 1.- 2 Products wasted or disposed of in a manner that is not acceptable.
2. Products determined as unacceptable before or after placement.
,b;'r:P F;J :Ua4_ :3: w ;Products not completely unloaded from the transporting vehicle. E
4. Products placed'beyond the lines, levels or boundaries of the required Work.
5. Products remaining on hand after completion of the Work.
` ' r 6. Loading, hauling and disposingof rejected.'Products. i& U L'�ZA '.1p
b'n1:8..L INCIDENTAL ITEMSv rid r tI u ;,' sail 3n ^ .w gall it
r7tf3JStla.aL Usi;ktf7.q t.rra«z.La:, r;r-
A. General - Items indicated as incidental to a particular payment item are considered an
ham:- r't;n ,2'j . ' integral partofthat payment item, and will not be measured or considered in determining
payments. e7"J r", `; E ,, )y�:Wi £ Jft f itiv "{J A ii W!
o r Div: tBL d nSafety-:Safety is -considered as incidental to everyrpayment item, except for. excavation
safety, which is a separate bid item:.(! = sa t,• tip rrla t-Jne Litta „ rstx I
Sr o • C.^t4.iV.Testing =Testing -of installed work required. by the specifications to be completed by
II
-' Citof Fayetteville ti" 12/10/99 r.r Page y O1025-2
U
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.
-
D. Miscellaneous -Project clean-up, project closeout, project record documents, and all costs
not directly mentioned in this section are considered as incidental to the Work.
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 backfilling with approved material as specified
or as indicated on the Drawings.
1.9 PAYMENT ITEMS
-
A. Mobilization (Pay Item 1)
1. Description - The preparatory work and operations, including, but not limited to,
those necessary for the movement of personnel; equipment, supplies, and
incidentals to the project site; for the establishment of the Contractor's offices,
buildings, and other facilities necessary to undertake the work on the project. This
item shall also include other work and operations that must be performed, or for
expenses incurred, before beginning work on the various Contract items on the
project site. In no case shall the amount bid for the item of "Mobilization"
exceed 5% of the total contract amount for all other items listed in the
proposal. .
2. Incidental Items - Pre -construction costs which are necessary direct costs to the
project and are of a general nature rather than directly attributable to other pay
items under the Contract.
3. Related Items - None.
4. Units and Measurement - Paid as lump sum.
5. Partial Payment Provisions - Allowable partial payments will be based on the
percentage of the original Contract earned exclusive of the item of Mobilization
according to the following schedule:
Percentage of Original
Contract Amount Earned
First Progress Estimate
10
25
Percentage of Bid Price
for Mobilization Allowed
25
50
100
B. Protective Fencing for Trees (Pay Item 2)
1. Description - Provide tree protection fencing per the detail in the Drawings at all
the locations indicated on the Drawings and/or as directed by the Engineer.
2. Incidental Items - All items needed to furnish and install this protection fencing
City of Fayetteville 12/10/99 Page 01025-3
H., t. rPortland Cement Concrete Base Course (Pay Item. 10) • ': j t'. a.
o.r. . 'a _S,I taq•,,.Description -'ConstructPortland cement concrete base course to the lines and
3 grades under pavement' asindicated on',the.;typical ; section and details in the
A, Drawings: 'a ..'i .7nt L.. ' uw. -
t q io buv Y 2:t . q Incidental Items -All equipment; labor, tools, and materials necessaryto complete
the woI'k-i skit :V `kjr,":Jll rd a t.svomxw s£ILti
i 1,3: 1t -.r Related• Items :,Site preparation, unclassified, excavation, and aggregate base
course are separate pay items.
4.• Units, and MeasuiremiFnt.m: Payment•shall be at the. unit price, per, each cubic yard
;ni: s rn.n^*lof'concrete' base'course.=fiinished, installed, and accepted by Engineer! If,
LW Ir.is_rb.t , u.: i determined by Engineer, payment for completed units will be delayed until proof
l s*lr. Fr. Sc.m Sin ins ofconstruction testing for installed units is complete: Measurement will be based:
on truck°tickets s'All quantities, shall be documented.However, any quantity
eont 7odr. 1Zz ~ tja . exceeding ;the,; bid; amount • shalWiave full, documentation by Contractor and
approval by Engineer. ' .2.r M'...
5. ` Partial Payment Proyisions -,None.'q tai y .. •xrs 1 t:.i. tr..
L' ytd NJ �..i" _i iiv t. .L..A . a. .%Ce'lr.:i.
. ;:'ir�I: `9 :Concrete Curb and Gutter (Pay Item 11) k h : . ;rr • _ ... ^/ of
€Eni: 2zu t 1:K'r:, r: Description - Construct,concrete curb andTgutter;to the lines and grades and in
Li,. _ru-u try lgnro:: *'accordance with the details indicated on the Drawings. 4d
2.. 41acidental Items - Base fine grading and preparation; expansionjoints; oints; sawjoints;
oints;
Lr ii }. , cck'vrl i joint filler/sealant; curing compound; and•all equipment, labor, tools and materials
necessaryto complete the work.' k C :+ :^^.' • _' , _ . U
3. Related Items' Site preparation•and-aggregate base are.separate.pay items.
r^:an zt nzw An & nUnits and- Measurement', Payment shall be at the unit price per linear foot of curb
btnLnirp i a0.1&"gutterinstalled:and accepted by Engineer., , • „7 _ . `. •c i<-re. ;;r
�datr i r i t5: s rt Partial Pa enYProyisions None...h ; { ' C.
ilaw
�j !!tu b /'gym' a .. Fy p.tj^q, 1 R ' i tl 1•.
.: r. i t r i L a�v�t `�CLat, i.R. \.bi ui,."3.. 1 •/L'Y:i�4
J. Concrete Sidewalk (4') (Pay;Item.12) ',a,1 Ll '' .y 4. „
.. rf'fCaZ �.� F r •Si .'
• 1. Description =-Constructsidewalks in the locations. and' per the details indicated on
W=; -r a' 3v'roc o -the Drawings and'as field directed to match site, conditions: *J
2. Incidentaltltem,s:=i'Preparation'o&subgrade.j(Specification 02230 - Roadbed
i;.:v ac.. c,.s":'�4-r,Preparation);. field adjustments of sidewalktwidths; tool joints; saw joints; joint
x_ _M aawsfiller/sealant;'expansion:joints with expansion,joint material; expansion joint
; C ap.3 ai 'material between sidewalk and drainage structure'or driveway; curing compound;
i'.'n Rociand all equipment labor, tools; and materials necessary,to complete the work.
3.: • . Related Items" Concrete Driveways and Concrete Access Ramps shall be paid for
'„ rot rr..at rxq J9i•rq under a`separate pay item. r.c :F wkr'.�'; "y t fs l x
tI ,rr4f.11`1 4.1 1;S.1Units'and Measurement.- Payment shall be at the.unit price per square yard of
v _\
te)..sq lira. Ir.,-;rrt7b vd sidewalk constructed•and accepted by, Engineer. ;rtn
rm b.^.,r ce' 115. ncrPartiaIPaymeht Provisions-,None.u; - _, "nigo;r• ran to
htrn.n7 j .i1'd `'t TI • a uf.: cit%rJiQ::, r.- » lip CO Y4viait tC. 1=:a 11JT
F(
33%..""T;: t5 fi0;}M'0.l +♦• .i 0.'..r--]` Flti.;.-j4..AA I3 .s \t •'.k; �•. .
• YY tMy(. 1
S .i .. wA�' .'..i v• • d!•,}1i L4 i {•'d A It:
City of Fayetteville '
12/10/99
..,, !Page 01025-6
I
' R. Concrete Driveway (6") (Pay Item 13)
1. Description - Construct concrete driveways (including 6" sidewalks) in the
locations and per the details indicated on the Drawings and as field directed to
match site conditions.
2. Incidental Items - Preparation of subgrade (Specification 02230 - Roadbed
Preparation); aggregated base course; field adjustments of driveway widths and
lengths; tool joints; saw joints; joint filler/sealant; expansion joint material
between driveway and sidewalk; curing compound; and all equipment, labor,
tools, and materials necessary to complete the work.
3. Related Items - Concrete Sidewalk, Concrete Access Ramps, and Aggregate Base
' Course shall be paid for under a separate pay item.
4. Units and Measurement - Payment shall be at the unit price per square yard of
driveway constructed and accepted by Engineer.
5. Partial Payment Provisions - None.
L. Concrete Access Ramps (4") (Pay Item 14)
1. Description - Construct concrete access ramps in the locations and per the details
indicated in the Drawings and as field directed to match site conditions.
2. Incidental Items - Preparation of subgrade (Specification 02230 - Roadbed
Preparation); constructing curbs (integral or separate) within access ramp area;
adjusting configuration as needed to accommodate structures and/or field
conditions; tool joints; saw joints; joint filler/sealant; curing compound; and all
equipment, labor, tools, and materials necessary to complete the work.
3. Related Items - Concrete sidewalk is paid for under a separate pay item.
4. Units and Measurement - Payment shall be at the unit price per square yard of
concrete access ramp constructed and approved by Engineer.
5. Partial Payment Provisions - None.
M. ACHM Surface Course (Type 2) (Pay Item 15)
1. Description - Furnish and install the two inch (220 lbs/SY) asphalt surface course
' at the lines and grades indicated on the typical section and in the Drawings.
2. Incidental Items - All equipment, labor, materials, tools, and any other item
necessary to complete the work.
3. Related Items - Portland Cement Concrete Base shall be paid for under a separate
pay item.
4. Units and Measurement - Payment shall be at the unit price per ton furnished,
installed, and accepted by Engineer. Measurement will be based on truck weight
tickets.
I5. Partial Payment Provisions - No partial payment will be made for this item.
N. Imported Topsoil (Pay Item 16)
1 1. Description - Furnish and place imported topsoil at the thickness and in the
locations as shown on the Drawings or described in the Specifications and/or as
directed by the Owner's representative in the field.
2. Incidental Items - Fine grading, raking, removing any non -specified material from
City of Fayetteville 12/10/99 Page 01025-7
the soil and/or any preparation work, and all equipment, labor, tools, and materials
necessary to complete the work.
3. Related Items - Site Preparation and Seeding & Mulching are separate pay items.
4. Units and Measurement - Payment shall be at the unit price per cubic yard of
topsoil furnished, placed and accepted by the Engineer. Measurement shall be
by verifying the 4 -inch thickness and taking average horizontal measurements
and then computing the cubic yard measurement.
5. Partial Provisions - None.
0. Seeding and Mulching (Pay Item 17)
1.. Description - Provide all seed and mulch to cover the disturbed areas as result of
construction. Erosion matting will be required for slopes steeper than 3:1.
2. Incidental Items - Erosion matting (if required), final raking & grading, water,
fertilizer and all equipment, labor, tools, and materials necessary to complete the
work.
3. Related Items - Tree planting, tree transplanting, erosion control, and solid sod are
paid for under separate pay items.
4. Units and Measurement - Payment shall be at the unit price per acre of seeding
and mulching completed and accepted by Engineer.
5. Partial Payment Provisions - 75 percent of the unit price shall be paid upon
completion of initial seeding and mulching, with remainder held until a suitable
viable grass stand is established.
P. Silt Fence (Type E-3) (Pay Item 18)
1. Description - Provide silt fence as indicated in the details on the Drawings and per
the specifications at locations indicated on the Drawings or as directed by the
Engineer.
2. Incidental Items - All equipment, labor, materials, tools, and any other item
necessary to complete the work.
3. Related Items - Straw Bales maybe used in conjunction with silt fence, the straw
bales shall be paid for as a separate pay item. Site preparation shall include any
costs due to permits for erosion control (stormwater pollution prevention) with the
governing agencies.
4. Units and Measurement - Payment shall be at the unit price per linear foot of silt
fence furnished, installed and accepted by Engineer.
5. Partial Payment Provisions - None.
Q. Straw Bale (Pay Item 19)
1. Description - Provide Baled Straw as indicated in the details and per the
specifications at the locations indicated on the Drawings or as directed by the •,
Engineer.
2. Incidental Items - All equipment, materials, tools, labor, and any other item
required to complete the work.
3. Related Items - When straw bales are used in conjunction with silt fence, the silt
fence shall be paid for as a separate pay item. Site preparation shall include any
City of Fayetteville 12/10/99 Page 01025-8
costs due to permits for erosion control (stormwater pollution prevention) with the
governing agencies.
4. Units and Measurement - Payment shall be at the unit price per each straw bale
furnished, installed and accepted by the Engineer.
5. Partial Payment Provisions - None.
Part 2- PRODUCTS
Not Used
Part 3- EXECUTION
Not Used
End of Section 01025
City of Fayetteville 12/10/99 Page 01025-9
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, SupplementaryConditions, and Sections in Division 1 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 01700 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 2.07 of the General Conditions, and further
described in 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.
11.3 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
continuation sheet or sheets.
1 City of Fayetteville 07/13/99 Page 01027-1
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:
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:
Give immediate notice of any portions of the recommended amounts withheld from
payment in accordance with the General Conditions paragraphs 14.02.D.1.a through
14.02.D.1.d.
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 14.02.A of the General Conditions.
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.
City of Fayetteville 07/13/99 Page 01027-2
1 Section 01035
IMODIFICATION PROCEDURE
Part 1- GENERAL
1 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.
I 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
1 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.
1.3 FORMAT
' A. Change Order Form: EJCDC 1910-8-B.
B. Work Change Directive Form: EJCDC 1910-F.
1 City of Fayetteville 07/13/99 Page 01035-1
C. Field Order Form: Engineer's letter.
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 I
of the quotation.
C. On request, provide additional data to support computations:
1. Quantities of products, labor, and equipment.
2. Taxes, insurance and bonds.
3. Overhead and profit.
4. Justification for any change in Contract Time.
5. Credit for deletions from 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 9.05 of the General Conditions
by issuing a Field Order.
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.
City of Fayetteville • 07/13/99 Page 01035-2
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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 ofproposed changes, and to substantiate costs
for changes in the Work.
1 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 01035
City of Fayetteville 07/13/99 Page 01035-3
I
ISection 01040
' COORDINATION AND MEETINGS
Part 1- GENERAL
1 1.1 SUMMARY
' A. This Section expands upon requirements regarding coordination, conferences and
meetings, described to permit direct reference from individual product specification
Sections.
1. Coordination
2. Preconstruction conference
3. Progress meetings
1.2 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.
' 1.3 COORDINATION
A. Coordinate construction activities with other contractors working in the same vicinity on
' other projects. It is anticipated that other utilities may be relocated during the same time,
in the same area as this project.
1 B. The Contractor, on the basis of the schedule and progress meetings shall notify the
appropriate property owners of trenching, pipe laying, cleanup, 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, storing materials on, orperforming 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 planned interruptions of water service shall be coordinated with the Engineer and the
Fayetteville Water department. A minimum of48 hours notice shall be required. Service
interruptions, when allowed by the Engineer, shall be scheduled between 8:00 a.m. and
5:00 p.m. and shall be limited to a maximum time of 4 hours for each individual meter
unless specifically approved otherwise.
1
City of Fayetteville 07/13/99 Page 01040-1
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.
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.
D. Verify that utility requirement characteristics of operating equipment are compatible with
existing utilities. Coordinate work of various Sections having interdependent
responsibilities for installing, connecting to, and placing in service such equipment.
E. Coordinate completion and clean up of Work of separate Sections in preparation for
Substantial Completion.
F. After Owner occupancy of premises, coordinate access to site for correction of defective
Work and Work not in accordance with Contract Documents, to minimize disruption of
Owner's activities.
1.4
PRECONSTRUCTION CONFERENCE
A. Engineer will schedule a conference within 20 days after the Contract Times start to run,
but before any Work at the site is started.
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.
City of Fayetteville 07/13/99 Page 01040-2
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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.
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.
City of Fayetteville
07/13/99
Page 01040-3
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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.
2. "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.
City of Fayetteville
07/13/99
Page 01051-1
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
I. 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
Not Used
Part 3- EXECUTION
Not Used
End of Section 01051
City of' Fayetteville 07/13/99 . Page 01051-2
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 1 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.
1.6 ARKANSAS HIGHWAY AND TRANSPORTATION
A. Construction standards as listed in individual Specification Sections.
City of Fayetteville 07/13/99 Page 01060-1
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
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.
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.
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.
Cityof Fayetteville 07/13/99 Page 01060-2
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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
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.
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
Not Used
' Part 3- EXECUTION
Not Used
End of Section 01060
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ICity of Fayetteville 07/13/99 Page 01060-3
Section 01090
REFERENCE STANDARDS AND ABBREVIATIONS
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
A. General Conditions, Supplementary Conditions
1.3 SCHEDULE OF REFERENCES
A. AASHTO American Association of State Highway and Transportation Officials
444 North Capitol Street, NW
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, NW
Washington, DC 20006
D. Al Asphalt Institute
Asphalt Institute Building
College Park, MD 20740
E. ANSI
F. ASPA
City of Fayetteville
American National Standards Institute
1430 Broadway
New York, NY 10018
American Sod Producers Association
4415 West Harrison Street
Hillside, IL 60612
07/13/99
Page 01090-1
G. ASTM
H. AWWA
I.
J.
EJCDC
FS
K. MIL
L. PCA
American Society for Testing and Materials
1916 Race Street
Philadelphia, PA 19103
American Water Works Association
6666 West Quincy Avenue
Denver, CO 80235
Engineers' Joint Contract Documents Committee
American Consulting Engineers Council
1015 15th Street, NW
Washington, DC 20005
Federal Specifications
General Services Administration, Specifications and Consumer
Information Distribution Section (WFSIS)
Washington Navy Yard, Building 197
Washington, DC 20407
e _
Military Specification
Naval Publications and Forms Center
5801 Tabor Avenue
Philadelphia, PA 19120
Portland Cement Association
5420 Old Orchard Road
Skokie, IL 60077
M. UL Underwriters' Laboratories, Inc.
333 Pfringston Road
Northbrook, IL 60062
1.4 ABBREVIATIONS
Whenever the following abbreviations and acronyms are used, they shall have the
corresponding 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
8
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City of Fayetteville 07/13/99 • Page 01090-2
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
A
- Ampere
cfm
- cubic feet per minute
CGMP
- corrugated galvanized metal pipe
DIP
- ductile iron pipe
gpm
- gallons per minute
Hp
- horsepower
MGD
- million gallons per day
N.C.
- normally closed
N.O.
- normally open
ppm
- parts per million
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
PART2-PRODUCTS
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Not Used
PART 3- EXECUTION
Not Used
End of Section 01090
City of Fayetteville 07/13/99 Page 01090-3
Section 01300
SUBMITTALS
Part 1- GENERAL
1.1 SUMMARY
A. 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 ofthe Work and Contract Documents.
E. Schedule submittals to expedite the Project, and deliver to Engineer. Coordinate
submission of related items.
1,I
F. Identify variations from Contract Documents and Product or system limitations which
may be detrimental to successful performance of the completed Work.
IG. Provide space for Contractor and Engineer review stamps.
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H. Revise and resubmit submittals as required, identity all changes made since previous
submittal.
' I. Distribute copies ofreviewed submittals to concerned parties. Instruct parties to promptly
ICity of Fayetteville 07/13/99 Page 01300-1
report any inability to comply with provisions.
1.3
1.4
CONSTRUCTION PROGRESS SCHEDULES
A. Submit initial progress schedule in duplicate within 15 days after date of Owner -
Contractor Agreement for Engineer review.
B. Update in accordance with Section 01310 and resubmit with each pay request.
C. Submit a horizontal bar chart with. separate line for each major • section of Work or
operation, identifying first work day of each week.
D. Show complete sequence of construction by activity, identifying Work of separate stages
and other logically grouped activities.
E. Indicate estimated percentage of completion for each item of Work at each submission.
F.. 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.
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.
City of Fayetteville
07/13/99
• Page 01300-2
G. After review distribute in accordance with Article on Procedures above and for Record
Documents described in Section 01700 - Contract Closeout.
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1.5
PRODUCT DATA
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 ofwhich
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
A. When specified in individual specifications Sections, submit manufacturers' printed
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.
City of Fayetteville 07/13/99 Page 01300-3
C. Certificates may be recent or previous.test results on material or Product, but must be
acceptable to Engineer.
Part 2- PRODUCTS
Not Used
Part 3- EXECUTION
Not Used
End of Section 01300
Cityof Fayetteville 07/13/99 Page 01300-4
II
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 1 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 nun)
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.
E. Show accumulated percentage of completion of each item, and total percentage of Work
completed, as of the first day of each month.
City of Fayetteville 07/13/99 Page 01310-1
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
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 fifteen (15) days
after
date of Notice of Award. After
review,
resubmit required revised data within ten
(10)
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
Not Used
Part 3- EXECUTION
Not Used
End of Section 01310
City of Fayetteville
07/13/99
Page 01310-2 ,
Section 01410
TESTING LABORATORY SERVICES
Part 1- GENERAL
1.1 SUMMARY
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 1 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:
I
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 1.2 QUALITY ASSURANCE
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A. The testing laboratory will be qualified to the Owner's approval in accordance with
ASTM E 329.
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.
B. Promptly process and distribute required copies of test reports and related instructions to
' City of Fayetteville 12/9/99 Page 01410-1
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 Owner.
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.
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.
City of Fayetteville 12/9/99 Page 01410-2 '
II
' 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:
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1. 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.
C. 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 01410
City of Fayetteville 12/9/99 Page 01410-3
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' Section 01500
' CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
' Part 1- GENERAL
1.1 SUMMARY
A. This Section describes construction facilities and temporary controls required for the Work.
1 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 finished by the individual
' trades in execution of their own portions of the Work are not part of this Section.
3. Permanent installation and hookup of the various utility lines are described in other
' Sections.
1.2 REQUIREMENTS
' A. Provide construction facilities and temporary controls needed for the Work including, but not
necessarily limited to:
1. Temporary Utilities: Electricity, heat, ventilation, telephone, water and sanitary
facilities.
' 2. Temporary Controls: Barriers, enclosures, fencing, protection of the Work, and water
control.
3. Construction Facilities: Access roads and temporary buildings.
• 4. Project sign, if required.
1.3 DELIVERY, STORAGE, AND HANDLING
A. Maintain temporary facilities and controls in proper and safe condition throughout progress
of the Work.
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ICity of Fayetteville
07/13/99
Page 01500-1
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.
B. Conduct work as to assure the least possible obstruction to traffic. Provide for safety and
convenience ofthe general public, residents affected by construction, and protection ofpersons
and property.
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, including water used to flush and test
pipelines and appurtenances.
B. Electricity
1. Provide necessary temporary wiring and, upon completion of the Work, remove such
temporary facility.
2. Provide area distribution boxes so located that the individual trades may furnish and
use 100 ft. maximum length extension cords to obtain power and lighting at points
where needed for work, inspection, and safety.
3. Provide and pay for electricity used in construction.
C. Heating: Provide and pay for heat devices and heat necessary to maintain specified conditions
for construction operations needed in the Work.
City of Fayetteville 07/13/99 Page 01500-2
D. Telephone
1. Make necessary arrangements and pay costs for installation and operation of telephone
service to the Contractor's office at the job site.
2. Make the telephone available to the Engineer for use in connection with the Work.
E. Temporary Ventilation
1. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to
prevent accumulation of dust, fumes, vapors, or gases.
2. Provide equipment as required to maintain proper ventilation construction operations.
F. 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.
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C. Protect non -owned vehicular traffic, stored materials, site and structures from damage.
2.4 WATER CONTROL
A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain
pumping equipment.
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. Provide temporary covering at the ends of installed piping at the end of each work day to
prevent entry of dirt, debris and rodents.
ICity of Fayetteville 07/13/99 Page 01500-3
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D. 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 ACCESS ROADS '
A. Construct and maintain temporary roads accessing public thoroughfares to serve constriction
area.
B. Extend and relocate as Work progress requires. Provide detours necessary for unimpeded
traffic flow.
C. Provide and maintain access to fire hydrants, free of obstructions.
2.8 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.
2.9 FIELD OFFICES AND SHEDS
A. Contractor's facilities: (applicable when included as a bid item)
1. Provide a temporary field office building and sheds adequate in size and
accommodation for Contractor's offices, supply, and storage.
2. Within the Contractor's facilities, provide enclosed space adequate for holding project
meetings. Furnish with table, chairs, and utilities.
B. Locate offices and sheds a minimum distance of 30 feet from existing and new structures.
2.10 ENCLOSURES
A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies,
warning signs, steps, platforms bridges, and other temporary constructing necessary forproper
completion of the Work in compliance with pertinent safety and other regulations.
B. Provide temporary weather -tight closure of exterior openings to accommodate acceptable
• working conditions and protection for Products, to allow for temporary heating and
• maintenance of required ambient temperatures identified in individual specification Sections,
and to prevent entry of unauthorized persons. Provide access doors with self -closing hardware
City of Fayetteville . . 07/13/99 Page 01500-4
fl
iand locks.
1 2.11 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.
C. Provide and maintain temporary cattle fencing to restrict movement of cattle into work areas
both during regular work hours and during nighttime and weekends.
Part 3- EXECUTION
' 3.1 MAINTENANCE AND REMOVAL
' A. Maintain temporary facilities and controls as long as needed for safe and proper completion
of the Work:
B. Remove such temporary facilities and controls as rapidly as progress of the Work will permit,
or as directed by the Engineer.
C. Clean and repair damage caused by installation or use of temporary work.
D. Restore existing facilities used during construction to original condition. Restore permanent
facilities used during construction to specified condition.
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End of Section 01500
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ICity of Fayetteville
07/13/99
Page 01500-5
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II
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Section 01620
STORAGE AND PROTECTION
Part 1- GENERAL
1.1 SUMMARY
II 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 1 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
Iassure 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.
1. 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.
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City of Fayetteville 07/13/99 Page 01620-1
1.5 STORAGE
A. Store materials, supplies and equipment in an orderly fashion at the site of the work as will not
unduly interfere with the progress of his work or of other contractors.
1.6 PROTECTION
A. Provide the necessary care in unloading procedures to prevent damage to materials and
equipment delivered to the job site.
B. Provide necessary security fencing and measures to prevent damage through vandalism or
theft.
C. 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 maybe 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.
D. 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.
E. 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 01620
City of Fayetteville
07/13/99
Page 01620-2 '
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Section 01630
PRODUCT OPTIONS AND SUBSTITUTIONS
Part 1 - GENERAL
1.1 SUMMARY
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 1 of these
Specifications.
' 2. Make submittals in accordance with pertinent provisions of Section 01300.
' 1.2 PRODUCT OPTIONS
A. The Contract is based on standards of quality established in the Contract Documents.
1. 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.
2. 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.
' B. Materials and/or methods specified by name:
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.
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1 City of Fayetteville 07/13/99 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 I
quality;
2. Materials and/or methods proposed by Contractor to be used in lieu ofmaterials and/or
methods;
3. Information on proposed substitutions shall be submitted to Engineer in triplicate in '
accordance with Paragraph 6.05.A of the General Conditions.
D. The following products do not require further approval except for interface within the Work:.
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
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 01630
City of Fayetteville
07/13/99
Page 01630-2 ,
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Section 01700
CONTRACT CLOSEOUT
Part 1- GENERAL
1.1 SECTION INCLUDES
' A. 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, operation and maintenance data, 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. Substantial Completion:
1. 1. Prepare and submit the list required by the first sentence of Paragraph 14.04 of the
General Conditions.
2. Within a reasonable time after receipt of the list, Engineer will inspect to determine
status of completion.
3. Should Engineer determine that the Work is not substantially complete:
a. Engineer promptly will so notify Contractor, in writing, giving reasons
therefore.
b. Remedy the deficiencies and notify Engineer when ready for reinspection.
c. Engineer will reinspect the Work.
4. When Engineer concurs that the Work is substantially complete:
a. Engineer will prepare a "Certificate of Substantial Completion", accompanied
by Contractor's list of items to be completed or corrected, as verified by
Engineer.
b. Engineer will submit the Certificate to Owner and Contractor for their written
acceptance of the responsibilities assigned to them in the Certificate.
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City of Fayetteville 07/13/99 Page 01700-1
B. Final Completion:
1. Prepare and submit the notice required by the first sentence of Paragraph 14.06 of the
General Conditions.
2. Verify that the Work is complete including, but not necessarily limited to, the items
mentioned in Paragraph 14.07.A 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;
d. Equipment and systems have been tested as required, and are operational; and
e. 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.
6. When Engineer determines that the Work is acceptable under the Contract Documents,
he will request Contractor to make closeout submittals.
C. 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 havingjurisdiction
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.
• D. 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.
City of Fayetteville 07/13/99 • Page 01700-2
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 ADJUSTING
A. Adjust operating equipment to ensure smooth and unhindered operation.
1.6 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.
4. Change Orders and other Modifications to the Contract.
5. Reviewed shop drawings, product data, and samples.
B. Store Record Documents separate from documents used for construction.
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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.
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,
ICity of Fayetteville 07/13/99 Page 01700-3
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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.
1.7 OPERATION AND MAINTENANCE DATA
A. Submit three sets prior to final inspection, bound in 8-1/2 x 11 inch text pages, three ring
capacity expansion binders with durable plastic covers;
B. Prepare binder covers with printed title "OPERATION AND MAINTENANCE
INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are
required.
C. Internally subdivide the binder. contents with permanent page dividers, logically organized as
described below, with tab titling clearly printed under reinforced laminated plastic tabs.
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D. Contents: Prepare a Table of Contents for each volume, with each product or system
description identified, type on 30 pound white paper.
E. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, I
Subcontractors, and major equipment suppliers.
F. Part 2: Operation and maintenance instructions, arranged by system and subdivided by J
specification section. For each category, identify names, addresses, and telephone numbers
of Subcontractors and suppliers. Identify the following: 1
1. Significant design criteria.
2. List of equipment.
3. Parts list for each component.
4. Operating instructions.
5. Maintenance instructions for equipment and systems. ,
6. Maintenance instructions for cleaning methods, materials, and special precautions
identifying detrimental agents.
G. Part 3: Project documents and certificates, including the following:
1. Shop Drawings and product data.
2. Certificates. I
City of Fayetteville 07/13/99 Page 01700-4
3. Photocopies of warranties.
1 H. Submit one copy of completed volumes in final form fifteen (15) days prior to final inspection.
This copy will be returned after final inspection, with Engineer's comments. Revise content
1 of documents as required prior to final submittal.
I. Submit final volumes revised, within ten (10) days after final inspection.
1.8 WARRANTIES
A. Provide duplicate notarized copies.
B. Execute and assemble documents from Subcontractors, Suppliers, and manufacturers.
C. Provide Table of Contents and assemble in three ring binder with durable plastic cover.
1 D. Submit prior to final Application for Payment.
E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal
within ten (10) days after acceptance, listing date of acceptance as start of warranty period.
1.9 SPARE PARTS AND MAINTENANCE MATERIALS
A. Provide products, spare parts, maintenance and extra materials in quantities specified in
individual specification Sections.
B. Deliver to Project site and place in location as directed; obtain receipt prior to final payment.
1.10 INSTRUCTION
IA. Instruct Owner's personnel in proper operation and maintenance of systems, equipment, and
similar items which were provided as part of the Work.
Part 2- PRODUCTS
Not Used
Part 3- EXECUTION
Not Used
1 End of Section 01700
City of Fayetteville 07/13/99
Page 01700-5
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Part 1- GENERAL
Section 02050
DEMOLITION
1.1 SECTION INCLUDES
A. Neatly saw cutting to full depth the existing asphalt pavement and base along Cleveland
' Avenue, three (3) feet from the face of the existing asphalt curb.
B. Removal and disposal of asphalt pavement, asphalt curb and base to provide an area to
receive new base material, concrete curb and gutter, asphalt pavement and etcetera as
indicated on the Drawings.
I C. Removal and disposal of the existing concrete sidewalks, concrete driveways, aggregate
base driveways, concrete swales, and concrete curb and gutter.
D. Removal and disposal of miscellaneous pipe and other type items in the construction area,
not specifically paid for under separate bid items, shall be paid for under Site Preparation.
E. All items that are included in demolition (preparing the site for new construction) which
may or may not be enumerated in this section, and are not paid for under a separate pay
item, shall be paid for under Site Preparation.
1.2 SEQUENCING AND SCHEDULING
1 A. Demolition work may be scheduled to be completed prior to other work to be performed
in the area, but not so far in advance that the general public is inconvenienced any more
than is necessary.
' Part 2 -PRODUCTS
Not Used
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ICity of Fayetteville 10/26/99 Page 02050-1
Part 3- EXECUTION
3.1
3.2
3.3
EXAMINATION
A. Verify with Engineer the limits of pavement removal.
B. Examine all demolition materials. Remove and dispose of in accordance with all local,
state, and federal laws.
DEMOLITION
A. Sawcut asphalt pavement and
base (full
depth),
and remove where indicated on the
Drawings. Take care to avoid
damage to
adjacent
pavement.
B. Sawcut concrete curb & gutter, sidewalks, and driveways to full depth to prevent damage
to other existing items which will be left in -place.
C. Existing base material shall be removed to subgrade and disposed off -site, unless there
is adequate depth behind the new curb to utilize the base as fill material. Removal ofbase
material shall not be paid for separately, but is considered incidental to and included in
the Site Preparation pay item. Removed base material shall not be reused as base course
at other locations on -site.
CLEANING
A. Clean demolished areas. Restore area per Section 02261, unless other construction is
scheduled to take place in that area.
End of Section 02050
City of Fayetteville
-10/26/99
Page 02050-2 ,
Section 02100
SITE PREPARATION
Part 1- GENERAL
1.1 SECTION INCLUDES
A. Isolated Tree Clearing
B. Preserved Vegetation
C. Scalping
D. 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.
City of Fayetteville 12/10/99 Page 02100-1
Part 2 -PRODUCTS
Not Used.
Part 3- EXECUTION
3.1 GENERAL
A. ' The limits of construction for the Work shall be prepared for excavation and embankment and
road construction by a combination of isolated tree clearing, 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:
1. Preserved Vegetation - Areas of the right-of-way containing trees and brush that are
not to be disturbed except for trimming above the roadbed 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. Isolated Tree Clearing - Cutting, grubbing, and removal of individual, isolated trees
and stumps greater than 4 inches diameter measured 12 inches above ground, in areas
that are otherwise to be scalped; isolated tree clearing does not, apply to areas that are
cleared and grubbed.
4. Miscellaneous - Demolition, removal, relocation, repair, or any item that is
temporarily orpermanently in conflict with the proposed items ofwork. 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.
City of Fayetteville 12/10/99 Page 02100-2
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3.3 SCALPING
IA. Scalp areas where excavation or embankment is to be made. Store topsoil material.
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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 ISOLATED TREE REMOVAL
A. Cut and clear and grub isolated trees designated for removal and grub stumps from previously
cleared trees as required for clearing and grubbing.
3.5 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: relocating and replanting flowers and other landscape materials; removing and disposing
of existing pipes; removing and disposing of existing gravel driveways; removing and
disposing of existing concrete; removing and reconstructing any existing structure that may
need to be modified for construction; and relocating mailboxes, fencing, guardrails, signs or
any other item that will require relocation or reconstruction.
3.5 DISPOSAL OF EXCESS MATERIALS
A. Merchantable timber in the site preparation area that has not been removed from right-of-way
prior to the beginning of construction shall become the property of Contractor, unless
otherwise provided.
B. Burning is not permitted.
C. Remove from the site materials and debris, and dispose 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 02100
' City of Fayetteville 12/10/99 Page 02100-3
Section 02220
EXCAVATION AND EMBANKMENT
Part l - 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 pipelines and appurtenances, including excavation,
backfilling, and compaction of backfill above embedment around pipes and appurtenances.
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 - Granular
Base Course.
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 I0 -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 09/2/99 Page 02220-1
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1.4 QUALITY ASSURANCE I
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.
B. Quality control testing shall conform to the requirements of this section and section 01410.
1.5 SEQUENCING AND SCHEDULING I
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 I
embankments, so that the material can be immediately used to construct embankments.
Part 2 -PRODUCTS
2.1 CLASSES OF EXCAVATION I
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 %2 cy or more. I
C. Unclassified Excavation: the excavation and disposal of all materials of whatever I
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. 1
E. Trench excavation: is excavation required to construct a trench for utility or storm sewer
piping. Trench excavation is incidental to pipelaying.
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09/2/99
Page 02220-2 I
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
A. 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
subgrade, on slopes, and at other such places indicated by Engineer.
City of Fayetteville 09/2/99 Page 02220-3
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 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 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
plowing, scarifying, or disking 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
City of Fayetteville 09/2/99 Page 02220-4
I.
' "hillside" or acceptable common excavation (when available) in the slope areas and the areas
behind the curb.
D. Place roadway 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 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.
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3.6 COMPACTION REQUIREMENTS
A. Accomplish compaction by any satisfactory method or methods that will achieve the
specified density.
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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. 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.Densityrequirements 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 Compaction
1. Excavate or fill to subgrade lines and grades indicated on the Drawings.
• 2. Loosen top 6 inches within full width of roadbed.
3. Adjust moisture content to bring substantially to optimum.
4. Compact as specified for embankment.
5. Reshape section as part of compaction effort to conform to typical section.
3.7 TRENCH EXCAVATION
A. 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 1 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.
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Page 02220-6 ,
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
' 1. 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 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 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.
IC. Trench Depth
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.
City of Fayetteville 09/2/99 Page 02220-7
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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.
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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
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. -
L 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
• 1. Unauthorized excavationis 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 above the top
of the pipe, and then a trench excavated in the compacted embankment.
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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.
IB. Backfill around the pipe (pipe embedment) is specified section 02600.
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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 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.
D. 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.
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
IA. 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.
City of Fayetteville 09/2/99 Page 02220-9
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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 02220
City of Fayetteville
09/2/99
Page 02220-10
1
Section 02230
Itfl7sPIaaIIJat1MJx1sIlftXl
Part 1 - 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.
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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".
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".
City of Fayetteville 09/2/99 Page 02230-1
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.
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 1
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. ,
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 permitted.
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.
City of Fayetteville 09/2/99 Page 02230-2
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F. For Class 1 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 1
Classes of Granular Material
Grading and Crushing Requirements
SIEVE
Class I
Class 2
Class 7
Percent Passing
3inch
100
100
2inch
95-100
95-100
1'h 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
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 ofthe actual material
being furnished. Such tests will be requested if material as delivered on site does not appear
City of Fayetteville 09/2/99 Page 02230-3
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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
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.
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
City. of Fayetteville 09/2/99 Page 02230-4
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' 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 ofbase 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.
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 ormix aggregate on the pavement surface. Use mechanical spreading equipment,
tif 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.
City of Fayetteville
09/2/99
Page 02230-5
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 02230
City of Fayetteville 09/2/99 Page 02230-6
I
ISection 02261
' 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
3.1 TOPSOIL
A. Topsoil shall be placed on disturbed areas equal to the better material on each side of the
disturbed area.
3.2 FERTILIZER
A. 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.
11
1 City of Fayetteville
07/14/99 Page 02261-1
11
3.3 SEED
ti
A. Seed mixture per Class of Restoration•
1. Class 1 Restoration seed mixture shall be 40 percent Lawn Fescue, 30 percent Rye
• Grass (annual), and 30 percent Blue Grass.
2. Class 2 Restoration seed mixture shall be 40 percent Field Fescue, 40 percent Rye
Grass (annual), and 20 percent White Clover (common).
3. Class 3 Restoration seed mixture shall be 40 percent Tall Fescue (Kentucky 31), 40 '
percent Rye Grass (annual), and 20 percent White Clover (common).
B. • Seed shall be labeled according to current requirements of the Arkansas State Plant Board.
C. Seed shall be 95 percent pure and 85 percent germination by weight. 50 noxious weed. seeds
shall be the maximum amount allowed per pound. The following types .of. seed are not
allowed in any amount: Johnson grass, wild onion, wild garlic, field bindweed, or nut grass.
D. Fescue seed shall be certified endophyte free.
3.4 SOD
A. Sod shall consist of a densely rooted growth of Bermuda grass, Zoysia, etc. and shall be
substantially .free from noxious weeds and undesirable grasses. The sod shall be cut in
uniform strips with a minimum of 2 inches of root depth approximately 12 inches in width and
not less than 12 inches in length but not longer than can be conveniently handled and
transported.
B. Sod for replacement of disturbed sodded areas shall be approved by Engineer before cutting.
3.5 STRAW MULCH
A. Straw mulch shall be good grade clean straw, free of weeds or seed, and of a quality approved
by Engineer prior to use.
3.6 WATER
. A.. Water shall be of irrigation quality, free of impurities which are detrimental to plant growth.
City of Fayetteville
07/14/99
Page 02261-2
I
O Part 3- EXECUTION
!I
Q 3.1 RESTORATION WHERE GROUND SURFACE IS NOT GRAVELED OR PAVED FOR
VEHICLE OR PEDESTRIAN USE.
A. Class 1 Restoration - Areas of construction within lawns, gardens, or other well -kept areas,
w including street rights -of -way that are kept as lawns by adjacent landowners.
II1. After trench settlement is complete, replace topsoil to same depth as adjacent
undisturbed areas.
II2. Trim and remove all damaged limbs on trees, trim limbs of shrubs or, if necessary, cut
damaged shrub just below ground surface.
3. Hand rake disturbed area to remove all rocks '/2 inch or larger measured in any
direction, all man made debris, and all organic material. Debris and excess material
shall be disposed of in a manner approved by the Engineer and applicable government
regulations.
4. After raked area is accepted by Engineer for seeding,
a. apply 250 pounds of fertilizer per acre.
b. apply 0.50 pounds of seed per 100 square feet.
c. apply 4,000 pounds of mulch per acre.
I 5: Apply straw mulch using a non -asphalt tackifier. Apply tackifier to straw in sufficient
quantity to bind mulch together. Top spraying of straw with asphalt is not acceptable.
6. As an alternate method of seeding, seed may be applied by hydro mulching. The seed
shall be mixed with water and wood cellulose fiber. The wood cellulose fiber shall be
composed of natural wood chips and shall contain no growth or germination inhibiting
factors and shall contain a water soluble, nontoxic coloring agent.
Other alternate methods will be considered by Engineer but shall not be utilized until
expressly authorized by Owner and Engineer.
7. Where ground cover adjacent to disturbed areas contains grasses such as Bermuda
grass, Zoysia, or other grasses not included in the prescribed seed mixture, Contractor
shall remove and stockpile the existing sod on the job site. After trench settlement is
complete, 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, the Contractor shall be responsible for providing and installing new
ground cover of the existing type.
I
iCity of Fayetteville
07/14/99 Page 02261-3
B. Class 2 Restoration - Areas of construction within fields, meadows, and street rights -of -way
which are mowed or cultivated (gardens excepted).
Tree and shrub treatment shall be as specified in Section 3.1.A.2.
2. After trench settlement is complete, machine rake to remove rock, man made debris,
and organic material to a condition equal to existing surface on the better side of the
adjacent property.
Remove all excess excavated material from the site, including excess material which
has accumulated around fence posts, trees, mailboxes, etc. All areas which 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.
Mulching and seeding methods shall be as specified in Section 3.1.A.
6. 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.
Tree and shrub treatment shall be as specified in Section 3.1.A.2.
Site raking shall be as specified in Section 3.1.B.2.
Seeding shall be as specified in Section 3.1.B.3.
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.
City of Fayetteville 07/14/99
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Page 02261-4
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3.3 RESTORATION OF SLOPES
A. 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:
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.
3.
Make
surface of top soil moist and
firm (not compacted) at
the time sod is placed.
1. Moisten sod before placing.
2. Lay by hand along contour lines beginning at lowest elevation.
3. Stagger transverse joints.
4. Make tight joints between sod pieces.
5. Cut sod into existing surface and backfill with topsoil to provide a smooth transition
from sodded areas to non -sodded areas.
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.
City of Fayetteville
07/14/99
Page 02261-5
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
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 of2 inches ofhot-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.
C. Concrete
Concrete is specified in Section 03316.
Plowable 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.
Cityof Fayetteville 07/14/99 Page 02261-6
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0
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1
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0
0
0
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.
City of Fayetteville
End of Section 02261
07/14/99
Page 02261-7
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 (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
City of Fayetteville 07/14/99 02270-1
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
I.
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
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.
City of Fayetteville 07/1-4/99 02270-2
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IIG. 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.
j� 1� 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.
11 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
IIfollowed, 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.
II� 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.
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.
City of Fayetteville 07/14/99 02270-3
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 02270
City of Fayetteville 07/14/99 02270-4
I
ISection 02500
IASPHALTIC CEMENT PAVING
Part 1 -GENERAL
1.1 SECTION INCLUDES
Placement of asphaltic paving, including prime coat materials and installation, and hot mix asphalt
ffl binder and surface courses.
1.2 RELATED SECTIONS
A. General quality control requirements and the division of responsibilities for laboratory and
field testing are specified in Section 01410.
B. Site preparation is specified in Section 02100.
C. Excavation and embankment are specified in Section 02220.
D. Subgrade preparation and base course construction are specified Section 02230.
E. Concrete curbs and gutters and sidewalks are 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. AASHTO
1. M 17, "Mineral Filler for Bituminous Paving Mixtures".
2. M 81, "Cut -Back Asphalt (Rapid -Curing Type)".
3. M 140, "Emulsified Asphalt".
4. M 145, "The Classification of Soils and Soil -Aggregate Mixtures for Highway
Construction Purposes".
5. M 208, "Cationic Emulsified Asphalt".
6. M 226, "Viscosity Graded Asphalt Cement".
7. T 30, "Mechanical Analysis of Extracted Mixture".
8. T 44, "Solubility of Bituminous Materials in Organic Solvents".
9. T 48, "Flash and Fire Points by Cleveland Open Cup".
10. T 49, "Penetration of Bituminous Materials".
11. T 51, "Ductility of Bituminous Materials".
City of Fayetteville 07/14/99 Page 02500-1
12. T 78, "Distillation of Cut -Back Asphaltic (Bituminous) Products".
13. T 96, "Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los
Angeles Machine".
.14. T 102, "Spot Test of Asphaltic Materials".
15. T 104, "Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate".
16. T 166, "bulk Specific Gravity of Compacted Bituminous Mixtures".
B. AHTD
1. Standard Specifications for Highway Construction, 1996 Edition, referencing the
following specific sections.
a. 401, Prime and Tack Coats and Emulsified Asphalt in Base Course.
b. 403, Materials and Equipment for Prime, Tack, and Asphalt Surface
Treatment.
c. 404, Design and Quality Control of Asphalt Mixtures.
d. 406, Asphalt Concrete Hot Mix Binder Course.
e. 407, Asphalt Concrete Hot Mix Surface Course.
f. 409, Materials and Equipment for Asphalt Hot Mix Binder and Surface
Courses.
g. 410, Construction Requirements for Asphalt Hot Mix Binder and Surface
Courses.
2. AHTD Test Method 449/449A
3. AHTD Test Method 450
4. AHTD Test Method 460
C. ASTM standards may be substituted for the listed AASHTO standard when the standards are
essentially the same. '
1.5 SUBMITTALS
A. Submit product information on prime coat and tack coat products, and on asphalt cement
when requested by Engineer.
B. Submit mix design information in accordance with Paragraph 2.4.
C. . Submit source quality control information when requested by Engineer in accordance with 1
Paragraph 2.5.
1.6 QUALITY ASSURANCE
Testing for materials and construction performance shall be at the option of Owner, or as specified ,
herein. Owner has the authority to require any test needed, in their opinion, to demonstrate that the
quality of the construction materials or workmanship meet the specified requirements. _
Site tests shall be made in the presence of Engineer. Required tests must demonstrate compliance
with the specifications before the paving work will be accepted.
City of Fayetteville
07/14/99
Page 02500-2
1 1.7 DELIVERY, STORAGE, AND HANDLING
A. HMAC mixtures shall be transported from mixing plant to the Work in vehicles with clean,
tight beds.
B. When mixtures are hauled more than 15 miles, or when mixtures are being placed between
November 1 and April 1, cover beds of vehicles with canvas or other suitable material to
retard loss of heat. Cover shall extend over the sides and ends of truck bed and shall be
1 securely fastened. Store cover on truck at all times regardless of haul distance or time of
year.
IC. Provide sufficient vehicles to provide a continuous operation on the roadway.
D. Use only non -petroleum release agents.
Part 2 - PRODUCTS
2.1 SOURCES
A. Obtain aggregate from a permanently established quarry regularly engaged in supplying
mineral aggregates for asphaltic concrete mixtures. Quarry shall have an established quality
control program.
' B. Obtain asphalt cement from sources that have executed a certification agreement with
AHTD.
IC. Obtain asphaltic concrete mixtures from a permanently established mixing plant regularly
engaged in supplying paving materials conforming to AHTD specifications. Applicable
provisions of AHTD 409.03 shall apply, except that Engineer will not be inspecting or
monitoring operations of the plant.
2.2 PRIME AND TACK COATS
Ii A.
r
Prime coat shall be emulsified petroleum resin, EPR-1, manufactured by Blackridge, or
equal.
B. Bituminous tack coat shall be rapidly curing cutback asphalt conforming to AASHTO M 81,
or an emulsified asphalt conforming to AASHTO M 140 or M 208. Cationic emulsified
asphalt shall have a minimum Saybolt Furol Viscosity at 122 degrees F at the point of
manufacture of 200 seconds, and a maximum Saybolt Furol viscosity of 500 seconds.
' City of Fayetteville 07/14/99 Page 02500-3
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2.3 ASPHALTIC CONCRETE
II
A. Mineral Aggregates
1. Mineral aggregates for asphaltic concrete binder course and surface course shall
consist of combinations of coarse aggregate, fine aggregate, and mineral filler
proportioned as provided for in the specifics mix designs.
2. Coarse aggregate is that fraction retained on the #10 sieve and shall consist of
crushed gravel, crushed stone, or slag.
3. Fine aggregate is that fraction passing the #10 sieve, and shall consist of clean, hard, I
durable particles of natural or manufactured sand or combinations of the two.
Natural sand shall meet the requirements ofAASHTO M 145 except that a maximum
of 35 percent may pass the #200 sieve. Fine aggregate may contain a maximum of 1
2 percent coal and lignite by weight of the fine aggregate.
4. Crushed stone shall consist of clean, hard, durable fragments of rock of uniform
quality, free from an excess of soft particles. The stone shall have a percent of wear,
measured by AASHTO T 96, not greater that 40, and when subject to 5 cycles of the
Sodium Sulfate Soundness test, AASHTO T 104, the loss shall not exceed 12
percent.
5. Crushed gravel shall consist of clean, hard, durable aggregate free from an excess of
soft particles in which at least 98 percent of the particles retained on the #10 sieve
have been produced from larger particles by crushing operations. Gravel shall have
a percent of wear, measured by AASHTO T 96, not greater than 40.
6. Mineral aggregates shall be clean and free of deleterious material and adherent films
of clay that will prevent thorough coating with asphalt materials. The fraction
passing the #40 sieve shall have a plasticity index not greater than 4. For asphaltic
concrete mixes, a minimum of 65 percent of total aggregate shall be produced by ,
crushing larger particles.
7. Mineral filler shall comply with the requirements of AASHTO M 17. '
8. Gradation of aggregates shall comply with the design mix, within the master ranges
given in paragraphs 2.3.C and 2.3.D.
B. Asphalt cement shall conform to AASHTO M 226. Physical requirements are per Table II
of AASHTO M 226, with the further provision that ductility for all grades of asphalt cement
shall be a minimum of 100 cm and all grades shall have a negative spot as determined by the
Spot Test. The grade to be used will be determined by the mix design. -
City of Fayetteville
07/14/99
Page 02500-4 1
C. Binder course shall be hot mix asphaltic concrete composed of mineral aggregate, asphalt
cement, and any required additives proportioned to meet AHTD Type 2 binder course, in
accordance with the following:
Mineral Aggregate:
Type 2 Asphaltic Concrete
Maximum Tolerance
Sieve Size
percent passing
percent
1'/e inch
100
1 inch
92-100
3/4 inch
75-97
f 7
%inch
55-85
±7
#4 sieve
35-60
± 7
#10 sieve
20-45
±5
#20
14-35
±4
#40 sieve
10-30
± 4
#80 sieve
6-20
± 4
Asphalt
cement
3.7-7.0
f 0.4
Fines to
Asphalt Ratio
0.6-1.4
Design Test Requirements
No. of Blows: 50
Minimum Marshall Stability 1000 lbs
Marshall Flow, 1/100 inch 7-16
Air voids 3.0-6.0 percent
Min. voids in mineral aggregate 13 percent
Minimum water sensitivity ratio 70 percent
Percent anti -strip As required
Fines to asphalt ratio is defined as the weight of the aggregate passing the #200 sieve,
expressed as a percentage of the total mix weight divided by the percent asphalt cement
content.
Exact quantities of mineral filler and anti -strip additive incorporated into the mix will be as
determined by the laboratory mix design.
City of Fayetteville 07/14/99 Page 02500-5
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D. Surface course shall be composed of mineral aggregates, asphalt cement, and any required
additives proportioned to meet the requirements for AHTD Type 2 surface course, in
accordance with the following:
Mineral Aggregate: Type 2 Asphaltic Concrete
Sieve Size percent passing
3/4 inch
100
'/2 inch
85-100
#4
55-80
#10
35-60
#20
22-45
#40
15-35
#80
8-22
Maximum Tolerance
percent
f7
f7
t5
f4
f4
f4
Asphalt cement 4.5-7.5 f 0.4
Fines to Asphalt Ratio 0.6-1.4
Design Test Requirements
No. of Blows: 50 .
Minimum Marshall Stability 1000 lbs
Marshall Flow, 1/100 inch 7-16
Air voids 2.5-5.0 percent
Min. voids in mineral aggregate 14 percent
Minimum water sensitivity ratio 70 percent
Percent anti -strip As required
Exact quantities of mineral filler and anti -strip additives incorporated into the mix will be
as determined by the laboratory mix design.
Surface course shall contain not more than 60 percent limestone aggregate in the coarse
mineral aggregate fraction. When limestone is the primary coarse mineral aggregate, crushed
sandstone, crushed siliceous gravel, syenite, novaculite, or crushed slag shall be used as the
remaining coarse mineral fraction. The portion retained on the #10 sieve shall have an
insoluble residue of not less than 85 percent when tested in a 1:1 solution of hydrochloric
acid and water in accordance with AHTD Test Method 306.
2.4 MIX DESIGN
A. A special mix design prepared specifically for this project will not be required. Submit for
review the mix design in use at the mixing plant for its regular supply of the mixes specified.
B. Mix designs shall be prepared by laboratory analysis in accordance with the requirements of
the specifications. Mix design preparation shall comply with applicable provisionsofAHTD
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Page 02500-6
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404.01.
2.5 SOURCE QUALITY CONTROL
A. Contractor is responsible for quality control testing of the HMAC mixtures to be
incorporated in the work prior to their placement in the work, in accordance with Section
01410.
B. Tests shall be conducted by the mixing plant, as part of a regular quality control program.
Such tests shall be of the type and at the frequency required to demonstrate that the mixing
plant is producing mixtures in conformance with required design mixes.
C. If required by Engineer, submit a copy of standing quality control program in use at the
mixing plant.
D. If required by Engineer, submit copies of testing records of tests conducted at the mixing
plant on the HMAC products delivered for this project. Such tests will be ordered if
Engineer has reason to believe the HMAC mixtures supplied are not in compliance with the
specifications, or if the mixtures appear to result in overly difficult placement or compaction
' such that specified results are not obtained. Such testing, if ordered, may include: extraction
tests (AHTD 450) and sieve analysis (AASHTO T 30)of the extracted aggregate; nuclear
asphalt content gauge (AHTD 449/449A) and sieve analysis (AASHTO T 30) of the
1 aggregate sample obtained by AHTD Test Method 460. Additional tests required for further
evaluation of the mixture will be as needed to prove the adequacy of the mixture.
Part 3- EXECUTION
3.1 EXAMINATION
A. Examine the areas and conditions under which work will be performed. Conditions
detrimental to timely and proper execution of this work shall be corrected. No work shall
be done until unsatisfactory conditions are corrected.
3.2 PREPARATION
A. Before application of each course or surface coat, prepare the existing course to receive the
new course. Such preparation may include filling sags and depressions with asphalt binder
or surface course mixtures. Accomplish this work by hand, blade grader, or mechanical
I
spreader methods. Featheredge to a smooth and even surface around the edges of these areas.
Prime coat or tack coat as applicable before placing this material. Examine base course to
verify that the lines and grades conform to the requirements of the Drawings and
Specifications, including those for superelevation.
B. Clean loose and foreign materials.
' City of Fayetteville 07/14/99 Page 02500-7
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C. Paint contact surfaces of curbing, gutters, manholes, and other structures with a thin coating ,'
of rapid curing cutback asphalt or emulsified asphalt.
3.3 INSTALLATION
A. Prime Coat
1. Clean surface to be treated with prime coat of dust, dirt, and loose or foreign material
by sweeping with mechanical brooms immediately preceding application of prime
coat. Take care to clean but not loosen or dislodge embedded aggregate in base
course. Remove patches of asphalt, dirt, or other material which does not form an
integral part of the surface to be treated.
2. Perform cleaning only far enough in advance of the application to ensure the surface
being properly prepared at the time of application.
3. Spray prime coat material uniformly over surface by means of mechanical pressure
distributor at the rate of 0.25 gallons per square yard, or as recommended by the
manufacturer for project conditions. Remove surplus material that collects in surface
depressions.
4. Allow prime coat to cure per manufacturer's recommendations before application of
asphalt material. No material for a succeeding course shall be placed on a primed
base course until the prime coat has cured sufficiently to prevent damage by hauling
operations.
5. Do not apply when air temperature is below 45 degrees F.
6. Observe special precautions to ensure uniform distribution of prime coat material.
Adjust and operate distributor so as to evenly distribute material. Remove excess
quantities on the road surface caused by stopping or starting the distributor, by
overflow, leakage, or otherwise.
7. Apply prime coat material only at temperatures within manufacturer's
recommendations.
8. Repair prime coat that becomes damaged.
B. Apply tack coat in a manner similar to that described in paragraph 3.3.A for prime coat.
Apply at the rate of 0.02 to 010 gallons per square yard. Apply tack coat sufficiently in
advance of asphalt course to allow proper curing of the tack coat material but not so far in
advance as to lose its adhesiveness as a result of being covered with dust or foreign material.
If tack coat becomes damaged or covered with foreign material, clean and re -treat with tack
coat as required.
C. Binder Course construction is covered in general in AHTD Sections 406 and 410. Preparing ■
HMAC mixture is covered in general in AHTD Section 409. Binder course shall be
constructed to the following standards: '
Minimum Density, percent of theoretical 92.0
Maximum Moisture, percent (Roadway) 0.75
Where binder course is placed on shoulders, minimum density shall be 90 percent of
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maximum theoretical density.
2. Place mixture on prepared surface, spread, and strike off to line, grade, and elevation
required. Place mixture only on a base that shown no evidence of free moisture and
when weather conditions are suitable. Engineer may permit work of this character
to continue when overtaken by sudden rains to utilize materials that may be in transit
from the mixing plant to the site.
3. Mixture shall be delivered to the paver within recommended compaction temperature
range according to the design mix. Do not place binder course on roadway at a
temperature lower than 250 degrees F.
4. Hand spreading is permitted only in areas inaccessible to pavement.
5. Paver shall uniformly distribute and compact mixture in from of the screed for full
width being paved. Finished surface shall be smooth and of uniform texture.
6. Screed or strike -off assembly shall effectively produce a finished surface ofrequired
evenness and texture without tearing, shoving, or gouging mixture.
7. Operate mixer at forward speeds consistent with satisfactory laying of mixture.
Match speed of paverwith mixing plant production rate and number of hauling units.
8. Establish edge of binder course by string or chalk line for at least 500 feet ahead of
spreading operation.
9. Thoroughly compact mixture after spreading by rolling as soon as it will bear weight
of rollers without undue displacement.
10. Establish an optimum rolling pattern at beginning of placement of each mix design.
11. The number, weight, and type of rollers, and the optimum rolling pattern shall be
such that the specified density and surface requirements are consistently attained
while mixture is in a workable condition. Rollers which produce excessive crushing
of aggregate particles will not be permitted.
12. Following the breakdown rolling operation and as soon as the mat will support the
roller without displacement, pass pneumatic roller over binder course a sufficient
number of times to knead and seal entire mat being placed.
13. Exercise due care when using vibratory rollers to prevent any deterioration of
material caused by excessive rolling or vibration. Operate vibratory rollers in such
a manner that overlap of adjacent passes shall be held to a minimum.
14. Start rolling longitudinally at the low edge and proceed toward the higher portion of
the mat. When paving abutting a previously placed lane, longitudinal joint shall be
rolled first followed by regular rolling procedure. Terminate alternate passes ofroller
3 feet from any preceding stop. Do not stop rollers perpendicular to centerline of
traveled way.
15. Restrict speed of roller to avoid displacement of hot mixture, and do not exceed 3
mph. Operate roller in such a manner that no displacement of the mat will occur.
Rolling shall proceed continuously until all roller marks are eliminated and required
density attained. Keep rollers moist for full width of roller to prevent adhesion of
asphalt mixture to roller. Excess water will not be permitted.
16. Do not pass rollers over unprotected end of a freshly laid mixture. Form transverse
joints by cutting back on previous run to expose full depth ofthe course. Use a brush
coat of asphalt material on contact surfaces of transverse joints just before additional
mixture is placed against previously placed material.
City of Fayetteville 07/14/99
Page 02500-9
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17. Upon completion of rolling operations, surface shall be smooth and of uniform
texture.
D. Surface Course construction is covered in general in AHTD Sections 407 and 410.
Preparing HMAC mixture is covered in general in AHTD Section 409. Surface course shall
be constructed to the following standards.
Minimum Density, percent of theoretical 92.0
Maximum Moisture, percent (Roadway) 0.75
Surface course construction shall comply with the requirements ofParagraph 3.3.C, and with
the following additional requirements:
1. Offset longitudinal joint in one layer by approximately 6 inches from the layerbelow.
However, joint in top layer shall be at the centerline of pavement or at lane lines.
General casting back of material or hand raking material onto surface will not be
permitted.
2. Establish edge of surface course at least 500 feet ahead of spreading operation.
3. Finished surface, when checked with a 10 foot straight edge parallel to the centerline,
shall show no variation more than 1/8 inch for surface course.
3.4 FIELD QUALITY CONTROL
A. Owner will be responsible for quality control testing of the completed pavement, in
accordance with Section 01410. Tests to be taken and their frequency will be determined by
the Engineer. Tests may include coring for depth and laboratory density, in -place density,
and straight edge for smoothness. Density of compacted mixture shall be in accordance with
AASHTO T 166.
B. If testing shows deficiencies, correct deficiencies by means satisfactory to Engineer prior to
beginning additional work. If deficiencies appear to be the result of variation from approved
mix design, an inadequate mix design or materials (as opposed to workmanship), operations
will be stopped until corrections can be made at the mixture source. If deficiencies are a
result of workmanship, adjust operations and equipment to achieve the specified results. .
3.5 CLEANING
A.• Clean surface of pavement as required of debris and loose material after compaction and
before final acceptance.
B. Clean ACHM splatter or excess material from curbs, gutters, drainage structures, and other
places where it has been placed and exceeds the limits of paving indicated on the Drawings.
End of Section 02500
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City of Fayetteville
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Page 02500-10 I
Section 02900
LANDSCAPING
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.
I
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 1.2 RELATED SECTIONS
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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.
B. Shrubs shall meet the requirements for spread, height or container size indicated in the Plant
City of Fayetteville 07/14/99 Page 02900-1
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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.
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 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
A. Notify Engineer at least 48 hours in advance of the anticipated delivery date of any plant
materials. Furnish a legible copy ofthe 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 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 erosion
or other means, repairing and reshaping water rings or saucers, maintaining stakes 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
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Engineer. This may include filling to grade, fertilizing, seeding and mulching.
Part 2- MATERIALS
2.1 PLANTS
A. The types and sizes ofplants to be furnished are indicated in the Planting Liston 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.
The trunk of each tree shall be a single trunk growing from a single unmutilated crown of
roots. No part of the trunk shall be conspicuously crooked as compared with normal trees of
' City of Fayetteville 07/14/99 Page 02900-3
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
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 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 aheavy 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 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 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
City of Fayetteville
07/14/99
Page 02900-4 ,
I
Initrogen. Potash shall be derived from muriate of potash containing 55 to 60 percent potash.
2.4 SHREDDED HARDWOOD BARK MULCH
A. Shredded hardwood bark mulch or approved equal shall be used as a 4 inch top dressing in
I 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
Idisplaced by wind or water runoff.
2.5 STAKING MATERIAL
IA. 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 '/2 inch inside diameter,
black or green, and of suitable length.
2.6 WATER
' A. 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.
2.7 LAWN SEED
A. Lawn seed mixture shall be fresh, clean new crop seed. Furnish to Engineer the supplier's
I 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
A. 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
I
Company; "Polyjute" Style 465 GT: by Synthetic Industries or equal.
I 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
City of Fayetteville 07/14/99 Page 02900-5
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
A. 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 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.
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
City of Fayetteville 07/14/99 Page 02900-6
I
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 gravel graded from 1 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 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 ofthe 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.
City of Fayetteville 07/14/99 Page 02900-7
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.
3.6 TREES AND SHRUB PLANTING OPERATIONS
A. Planting operations shall be performed at a steady rate ofwork 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. I
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
objectionable 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
City of Fayetteville
07/14/99
Page 02900-8
1
F
I
I
I
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 be at least 2 feet greater in diameter than the spread of the root system and
I
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 ofthe 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.
' J. Plants shall be planted in the center ofthe 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
1 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 PLANT BED EXCAVATIONS
A. Excavate tree pits and plant beds to the depth indicated on the Drawings.
City of Fayetteville 07/14/99 Page 02900-9
3.8 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.
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.
City of Fayetteville
07/14/99
,Page 02900-10 '
II
Ii
II
I
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.
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
I. 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
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
1 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 continued
growth of healthy grass. Water in such a way as to prevent erosion due to excessive quantities
City of Fayetteville 07/14/99 Page 02900-11
applied over small areas and to avoid damage to the finished surface due to the watering
equipment.
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'/x to 2
inches. Grass height shall be maintained between 1 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
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.
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 02900
n
City of Fayetteville
07/14/99
Page 02900-12
Section 03210
REINFORCING STEEL
Part 1- GENERAL
1.1 SCOPE
A. This Section covers the work necessary to furnish and install, complete, the reinforcing
steel and welded wire fabric.
1.2 GENERAL
A. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL
REQUIREMENTS, which contain information and requirements that apply to the work
specified herein and are mandatory for this project.
1.3 SUBMITTALS DURING CONSTRUCTION
A. Submittals during construction shall be made in accordance with Section 01300,
SUBMITTALS DURING CONSTRUCTION, in Division 1, GENERAL
REQU REMENTS.
1.
2.
Part 2- MATERIALS
2.1
2.2
' 2.3
Ii
II
II
Bending Lists
Placing Drawings
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.
Ir City of Fayetteville 07/16/99 Page 03210-1
F
Part 3- EXECUTION
I
3.1 GENERAL ,
A. Conform to "Placing Reinforcing Bars", Recommended Practices, Joint Effort of
CRSI-WCRSI, prepared under the direction of the CRSI Committee on Engineering
Practice.
B. Notify the Engineer when reinforcing is ready for inspection and allow sufficient time for
this inspection prior to casting concrete.
3.2 DELIVERY AND STORAGE
A. Deliver steel with suitable hauling and handling equipment. Tag steel for easy '
identification. Store to prevent contact with the ground. The unloading, storing, and
handling bars on the job shall conform to CRSI publication "Placing Reinforcing Bars".
3.3 PLACING REINFORCING STEEL - CLEANING
A. Clean metal reinforcement of any loose mill scale, oil, earth and other contaminants. ,
3.4 STRAIGHTENING AND REBENDING REINFORCING STEEL ,
A. Do not straighten or rebend metal reinforcement. Where construction access through
reinforcing is a problem, bundling or spacing of bars instead of bending shall be used. '
Submit details and obtain Engineer's review prior to placing.
3.5 PROTECTION, SPACING, AND POSITIONING OF REINFORCING STEEL '
A. Conform to the current edition of the ACI Standard Building Code Requirements for '
Reinforced Concrete (ACI 318), reviewed placing drawings and design drawings.
3.6 REINFORCING STEEL - LOCATION TOLERANCE
A. .Conform to the current edition of "Placing Reinforcing Bars" published by Concrete
. Reinforcing Steel Institute and to the Details and Notes on the Drawings.
3.7 SPLICING
A. Conformto Drawings and current edition of ACI Code 318. Splices in adjacent bars shall
be staggered.
1
City of Fayetteville 07/16/99 Page 03210-2
I
1 3.8 TYING DEFORMED REINFORCING BARS
A. Conform to the current edition of "Placing Reinforcing Bars" published by Concrete
Reinforcing Steel Institute and to the Details and Notes on the Drawings.
3.9 REINFORCEMENT AROUND OPENINGS
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
IA. 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 D1.4-79, 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
A. 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.
LJ
IEnd of Section 03210
I
1 City of Fayetteville
07/16/99
Page 03210-3
Section 03316
MISCELLANEOUS CONCRETE WORK
Part 1- GENERAL
1.1 SCOPE
A. 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
A. 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.
E. Storm sewer system is specified in Section 02720.
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"
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"
ICity of Fayetteville 09/2/99 Page 03316-1
1.4 SUBMITTALS
A. 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.
1. Manufacturer's data for reinforcing steel.
2. Manufacturer's data for admixtures and curing compound.
3. Mix design for concrete and flowable fill.
4. 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. I
Part 2- PRODUCTS
2.1 CEMENT
A. Cement shall be Portland Cement conforming to the requirements of ASTM C 150, Type I
or IA: Type III or IIIA Portland Cement, high early strength, may be used if approved by
Engineer; any extra cost will be borne by Contractor.
City of Fayetteville
09/2/99
Page 03316-2 , I
2.2 AGGREGATE
A. 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'/a" 100
I I " -
3/4' 35-75
%2" -
We" 10-30
#4 0-5
#8
B. Fine aggregates shall consist of clean, sound, sand conforming to ASTM C 33, and graded
as follows:
Sieve
3/8"
#4
#8
#16
#30
#50
#100
2.3 WATER
Percent Passing
100
95-100
70-95
45-85
20-60
5-30
0-5
A. 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
A. 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
City of Fayetteville 09/2/99 Page 03316-3
fit 2.5 CURING COMPOUND ,
A. W.R. Meadows 1600 White, or an approved 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
3
2 - 4 (w/ vibration)
1 - 2 (for construction with
extrusion machine)
5.5 +/- 1.5
Water -cement ratio shall not exceed 0.49.
Flowable Fill
Class "B" Concrete
5
6
2 - 4 (w/ vibration)
1 - 2 (for construction with
extrusion machine)
5.5+/-1.5
Minimum Cementious Material (lb) 300 total Cement (80-100) / Fly Ash (220-300)
(per Cubic Yard)
Sand Variable to equal one cubic yard
Water Approximately 65 gallons
Air Entrainment (percent) 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.
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
City of Fayetteville
09/2/99
Page 03316-4
1
[l
Ipounds.
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 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 '/2" lower than grade or trimmed '/2" 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
A. 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
A. 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 load ticket with a copy for Engineer showing the concrete type, mixing
proportions, and time mixing began.
3.3 VIBRATION
' A. 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
Ito the concrete 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
City of Fayetteville 09/2/99 Page 03316-5
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 comers 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 1
cold temperatures, and mechanical injury.
B. Cure concrete for at least 7 consecutive days. Cure unformed surfaces by one or the
following methods.
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.
i
City of Fayetteville 09/2/99 Page 03316-6
•1
II
' 3.6 CURB AND GUTTERS
I
H
J
J
El
I
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.
C. 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 V2 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.
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.
IF. Cure as described elsewhere in this section.
IG. Maximum variation from indicated grades shall be 3/8 inch in 10 feet.
I
I
I
I
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.
ICity of Fayetteville 09/2/99 Page 03316-7
E
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. M
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.
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.
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
City of Fayetteville 09/2/99 Page 03316-8
I
' 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.
B. Expansion material shall be placed between the curb and driveway and any existing
portion of driveway. The joint filler shall be '/2 inch thick and meet the requirements of
AASHTO M 213. The top V2 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
City of Fayetteville 09/2/99 Page 03316-9
3.10
3.11
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 1'/z inch radius edger.
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''/z inch radius
edger.
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''/z 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'/z inch below surface
and this %z inch shall be filled with one part silicone joint sealant.
UNDERDRAIN OUTLET PROTECTORS
A. 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
City of Fayetteville 09/2/99 Page 03316-10
I
uniform slope to ensure proper drainage. Abrupt changes in slope along any portion of
the lateral will not be permitted.
3.12
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 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 ANSIJASTM 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.
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.
City of Fayetteville 09/2/99 Page 03316-11
C
3.13 CLEANING
I
A. Clean work areas and all concrete formwork and waste. Waste concrete shall not be
disposed of on site except as approved by Engineer.
3.14 WEATHER AND TEMPERATURE LIMITATIONS
A. 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 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.
B. 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.
C. Concrete that has been frozen or damaged due to weather conditions shall be replaced at
no additional cost to the Owner
City of Fayetteville
09/2/99
Page 03316-12
1
3.15 SCHEDULE
A. 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 for Box Culverts, Retaining Walls,
and other Special Structures shall be 4000 psi
End of Section 03316
City of Fayetteville 09/2/99
Page 03316-13
•! FORM •
X AGENDA REQUEST 0
X CONTRACT REVIEW
GRANT REVIEW FEB 04 2000
CITYCFi-„..
For the Fayetteville City Council meeting SF ' C1EFaijp4 5, 2000
FROM:
Paul Libertine ft Engineering Public Works
Name Division Denartment
ACTION REQUIRED: Award the construction contract to MAC -Arkansas, Inc., McClinton -Anchor Division in the amount
of $ 114,025.00; approve contract contingency funding of $ 17,104.00 (15%); approve funding of $ 20,000.00 for contract
administration, construction inspection and materials testing; and approve the attached budget adjustment.
COST TO CITY:
$ 151,129.00
Cost of this Request
4470-9470-5814.00
Account Number
99083-1
Project Number
BUDGET REVIEW:
ButlgetCoordinator
$ -0-
Category/Project Budget
$ -0-
Funds Used To Date
$ -0-
Remaining Balance
Cleveland Street
Sidewalk Construction
Category Project Name
Sidewalk Improvements
Program Name
Sales Tax
Fund
Budgeted Item X Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
%/i�r� JAY !lihrUt/ -a� -i-oo
Tccoun `'� er ate
City Attorney Date
Q� e -3 -oo
Purchasing Officer Date
Administrative Services Director
ADA Coordinator Date
STAFF RECOMMENDATION: Approval of action items listed above.
Z as
to Cross Reference
Z -/—cc New Item: Yes x No_
Date
t7D Prev Ord/Res #:
ate
Orig Contract Date:
Date
0 Page 2
STAFF REVIEW FORM
Description Cleveland Street Sidewalk Construction
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
y^ .� ' / /
K 14 Z4 4e cckC al /tom �i L[iLGL.�EA✓
Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Meeting Date February 15, 2000
FAYETTEVftLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fayetteville City Council
Thru: Mayor Fred Hanna
Charles Venable, Public Works Director
Don Bunn, Assistant Public Works Director
Jim Beavers, City Enginee
From: Paul Libertini, Staff Enginee
Date: January 26, 2000
Re: Agenda Request, Council Meeting of February 15, 2000
Cleveland Street Sidewalk Construction Contract
1. Staff Recommendation: Staff recommends that the City Council award the construction contract to
APAC-Arkansas, Inc., McClinton -Anchor Division; approve contract contingency funding; approve
contract administration funding (includes construction inspection and materials testing); and approve the
attached budget adjustment to fully fund the project.
2. Project Background: The Engineering Division has completed in-house design plans for the
construction of approximately 1500 linear feet of concrete sidewalk on the north side of Cleveland Street
from Sang Avenue to Ashwood Avenue which will provide pedestrian access to the Leverett Elementary
School. As part of this project, the existing asphalt curb will be removed and replaced with concrete
curb & gutter, and the existing driveways will be reconstructed/replaced to tie into the new sidewalk.
This project was advertised for bids on January 9's & January 16t°.
3. Estimated Project Costs: Bids were opened on Tuesday, January 25, 2000. The engineer has
reviewed the bids and recommends awarding the contract to the low bidder, McClinton -Anchor Division
in the amount of $ 114,025.00. The estimated total project costs including contingency monies for
unforeseen project expenditures are as follows:
Construction Contract $ 114,025.00
Contract Contingency $ 17,104.00
Contract Administration $ 20.000.00
Total $ 151,129.00
4. Budget Adjustment: A budget adjustment, in the amount of $ 151,129.00 is attached for review and
approval.
BID TABULATION
Cleveland Street Sidewalk Construction
Fayetteville, Arkansas
January 26, 2000
CONTRACTOR
McClinton -Anchor Division
Sweetser Construction
BID AMOUNT
$ 114,025.00
$ 135,926.00
McClinton -Anchor's low bid of $ 114,025.00 was within 10% of the Engineer's estimate.
FAYETTEV&LE S
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDEN
To: Paul Libertini, Engineering
From: Heather Woodruff, City Clerk
Date: March 1, 2000
Attached is a copy of the resolution awarding Bid 2000-12 to McClinton Anchor. Your purchase
requisition has been forwarded to the Internal Auditor. Please forward a completed project
manual to the City Clerk's office as soon as it is completed.
cc: Yolanda Fields, Internal Auditor p
15✓J
-1e G zuo, iia r�!'e:tew1C
E
RESOLUTION NO. 21-00
A RESOLUTION AWARDING BID NO. 2000-12 IN THE
AMOUNT OF $114,025 TO APAC-ARKANSAS, INC., A
McCLINTON-ANCHOR DIVISION, APPROVAL OF A
CONTRACT CONTINGENCY IN THE AMOUNT $17,104 (15%),
APPROVING $20,000 FOR CONTRACT ADMINISTRATION,
CONSTRUCTION INSPECTION AND MATERIALS TESTING,
AND APPROVAL OF A BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby awards Bid No. 2000-12 in the amount of
$114,025 to APAC-Arkansas, Inc., a McClinton -Anchor Division; approves a contract contingency
in the amount $17,104; 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 2. The City Council hereby approves an amount of $20,000 for contract
administration, construction inspection.and'materials testing for said project.
Section 3. The City Council also approves a budget adjustment in the amount of
$151,129 by increasing Acct. No. 4470 9470 5814 00, Project No. 99083 1 decreasing 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.
PASSED AND APPROVED this ,41(day of February , 2000.
�roo /5
h/od APPROVE .
By: liil�
red Hanna, Mayor
P
0