HomeMy WebLinkAbout154-02 RESOLUTIONRESOLUTION NO. 154-02
A RESOLUTION TO APPROVE A CONSTRUCTION CONTRACT
WITH MOBLEY CONTRACTORS, INC. FOR CONTRACTED
CONCRETE FLAT WORK AS NEEDED UP TO $148,180.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves the construction contract attached as Exhibit A with Mobley
Contractors, Inc. for contracted concrete flat work as needed up to $148,180.00.
PASSED and APPROVED this the 15th day of October, 2002.
APPRO D
By
ATTEST:
By:
eather Woodruff, City Cl
DAN COODY, Ma
NAME OF FILE:
CROSS REFERENCE.
Item #
Date
Resolution No.154-02
Document
1
10/15/02
Resolution # 154-02
2
10/03/02
Staff Review Form
3
12/05IO2
Memo from Heather Woodruff, City Clerk to Paul Libertini,
Engineering
NOTES:
illSTAFF REVIEW FORM •
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: October 15, 2002
FROM:
Paul Libertini
Engineering Public Works
Name Division
Department
ACTION REQUIRED: 1. Approval of a resolution awarding the construction contract in the amount of
$148,180.00 to Mobley Contractors, Inc. for the "City-wide Sidewalk Construction."
2. Approval of a project contingency of $20,000.00 for project needs including material testing, variations in
final quantities, ....
COST TO CITY:
$168,180.00
Cost of this request
4470.9470.5814.00
Account Number
02053.20
Project Number
$ 485,952.00 Sidewalk Improvements
Category/Project Budget Program Category / Project Name
$ 120,430.00 Street Improvements
Funds Used to Date Program / Project Category Name
$
365,522.00 Sales Tax Capital
Remaining Balance Fund Name
BUDGET REVIEW:
X Budgeted Item Budget Adjustment Attached
Budget Manag= i Date Administrative Services Director Date
CONTaACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Accounting Manager
City At rney
Purchasing Manager
9/aD/O2.
Date
7(34/4:
Date
to ka-
Internal Au for Date
ADA Coordinator Date
Grant Coordinator Date
STAFF RECOMMENDATION:
Div
ion Head
Staff recommends approval of the contract and project contingency.
Department Director
Admini ative ervice�ctor
i(
9.30.02
Date
Date
Date
Mayor / i ' Ddte
Cross Reference
New Item:
Yes No
Previous Ord/Res#:
Orig. Contract Date
Orig. Contract Number
•
illaffReview Form - Page 2
•
Description City-wide Sidewalk Construction Contract Meeting Date October 15, 2002
Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
Reference Comments:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Engineering Division
To: Dan Coody, Mayor
City Council
Thru: Greg Boettcher, Public Works Director
Staff Review
From: Jim Beavers, City Engineerete,'
Date: September 27, 2002
Re: City Council Meeting October 15, 2002
City wide Sidewalk — construction contract
Bids were publicly opened and read aloud at 2:00 p.m. Friday, September 27, 2002 at the City
Administration Building for the City wide Sidewalk Construction contract, Bid 02-52.
The low bidder was Mobley Contractors' Inc. of Springdale, Arkansas.
Bid results are attached.
This City wide Sidewalk contract will provide for contracted concrete flat work on an as -needed
basis initiated through formal work -orders issued by the City's Sidewalk Division. The City of
Fayetteville's Sidewalk Division shall be responsible for all preparation and cleanup. The
contractor shall be responsible for forming and placing the concrete. The Contract is an annual
contract with allowances for renewal for two additional years. Enc:
Enclosures:
1. Bid tabulation
2. Contract
1
City wide sidewalk
Mobley
•
Sweetser
1 4 inch SW 30,000 3.41 102300
2 6 inch SW 6000 3.73 22380 1 4 inch SW 30,000 4.55 136500
3 6 inch AR 2000 4.25 8500 2 6 inch SW 6000 5.25 31500
4 C&G 1000 15 15000 3 6 inch AR 2000 5.25 10500
4 C&G 1000 9 9000
sum 148180
sum 187500
Township Turnkey
1 4 inch SW 30,000 6.5 195000 1 4 inch SW 30,000 4.5 135000
2 6 inch SW 6000 7.5 45000 2 6 inch SW 6000 3.75 22500
3 6 inch AR 2000 11.5 23000 3 6 inch AR 2000 9 18000
4 C&G 1000 25 25000 4 C&G 1000 16 16000
sum 288000 sum 191500
APAC EWI
1 4 inch SW 30,000 7.46 223800 1 4 inch SW 30,000 26.54 796200
2 6 inch SW 6000 8.79 52740 2 6 inch SW 6000 24.05 144300
3 6 inch AR 2000 22.25 44500 3 6 inch AR 2000 26.88 53760
4 C&G 1000 32.03 32030 4 C&G 1000 106.8 106800
sum 353070 sum 1101060
Engr estimate
1 4 inch SW 30,000 2.9 87000
2 6 inch SW 6000 3.65 21900
3 6 inch AR 2000 4 8000
4 C&G 1000 12 12000
sum 128900
+15% contingency 19035
sum 147935
•
els
X
X
AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
•
STAFF REVIEW FORM
For the Fayetteville City Council meeting of October 15, 2002
•
FROM:
Paul Libertinif/
Name
Engineering
Division
Public Works
Department
ACTION REQUIRED: Award the construction contract to XYZ General Contractor, Inc. in the amount of $000,000.00 and
approve funding of $00,000.00 for project contingency and $1,000.00 for materials testing for the project entitled "City -Wide
Sidewalk Construction".
COST TO CITY:
Jr 7,t trceed
$ TBD /?S;ooa
Cost of this Request
4470-9470-5814.00
Account Number
02053-1
Project Number
$485,952
Category/Project Budget
$ 120,_430
Funds Used To Date
$ 365,522
Remaining Balance
Sidewalk Improvements
Category/Project Name
Street Improvements
Program Name
Sales Tax
Fund
BURT%R2 . _ K.ecs pnh X Budgeted Item
t°r
Budget Mandger
Budget Adjustment Attached (to be furnished)
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW
in Manager
4JO f O1 -t^" //
ZI Attorney
chasing Officer
tDAe
O2
1al N
ate
GRANTING AGENCY:
ADA Coordmator
Date
STAFF RECOMMENDATION: Approval of the action items listed above.
1... :,t trector
A5?PciLit,
trahve ervices 1 'rector
07-12 -02
Date
—do
Date
6 0Y
ate
Cross Reference
New Item: Yes X No
Prev Ord/Res #:
Orig Contract Date:
• •
STAFF REVIEW FORM
Description City -Wide Sidewalk Construction Meeting Date October 15, 2002
Comments:
Budget Coordinator
Accounting Manager
C ttomey
i
•
4
i
%t
i
W
Purchasing Officer
Reference Comments:
Page 2
Kiwis -tar
i.) 444.vcit
c� f,Ii
ADA Coordinator
Internal Auditor
FAYETTEVIfLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Fayetteville City Council
Thru: Mayor Dan Coody
Greg Boettcher, Public Works Director
Jim Beavers, City Engineer fl"p,
From: Paul Libertini, Staff Engineer/. •
'7r •
a':,, -
Date: September 11, 2002
Re: Agenda Request, Council Meeting of October
City -Wide Sidewalk Construction
1. Staff Recommendation: Staff recommends that the City Co net award the construction contract to
XYZ General Contractor, Inc., and approvegunding for project c e ti gency and materials testing for
' City -Wide Sidewalk Construction ". r I. '
..a;, `.. • a
2. Project Background: It is anticipated that thea roposedhannual sidewconstruction contract will
enable the City to leverage its sidewalk constructs n crew bey ut hzing;dontract labor. City staff will still
prepare the subgrade for the .' • ea""wslk while the contractor will etthe forms, furnish the concrete and
fits
finish the concrete flatwo �. This ! :nable City to keep working ahead preparing the subgrade
and finish a larger pro: i tuore qwc This contract will also help to assist the City with additional
labor when the year's wo o. E is at Tt .eak. However; the contract has been written so that the City is
not obligated to spend a mim 1 0 un, o m. ney.
3. Estimate"d`ProjectCosts:\A fo
being ad��ve+rtised for bidhe•actual
reconiTh' lation furnished a thhe, Agend
timate is not presented at this time as the project is currently
be opened Friday, September 27'h with the results and
sion on Tuesday, October 8th
.
:7/1.
tr
Y
oLiu P.
8
U
a.
a
g tV
LL • O N
o n
s"
uj CD
111
th 12
r co. 0
2 U
G W
m y
1 Tomlinson Asphalt Co., Inc. 1
a
$1,320,000.00'
8
Nw
8
d1
w
8
51,716,001
$257,400.00
1,713,4 _ .QO
7
y8y
y8y
88g
8
Jerry D. Sweetser, Inc
x8888
a
13 G
6
8888
8
w
O0
_w
d
w
C
o
o
.r.
w-
8
."..
w
Q;
e.
vi
p
Mi
88.
C
Q.
c
p
w
p
8.
w
p
8.
w
p
8
w
0
8
1
C
0
O
-y
!O�
G
I
Extended Price
a8.
58
2
Q5
58.
§
w
$
§
52,000.001
$78,000.00
$11,700.00
9,7004/0
x
'aC
C
N
w
8
w
8
w
8
w
APAC-McClinton Anchor
Extended Price
8
8
O
O
g8
O
b
g8
O
N
g8
O
O
O
O
fel
w
8
co
N
w
p
8�
'4
•
pH
8
w
pw
8
w
pw
8
w
8
w
CI a
O
fL
30,000
8
O
8
8
O
Subtotal Construction Costs
Contingency 15%
1.03.1Y11 qct S)'iR_ H1I1Ip 3 OSx7
5
VI
VA
SF
t{tea,
0
0
(Concrete Sidewalk (4")
(Concrete Driveway (6") - - —
Concrete Access Ramps (6")
i
v
0
0U
C
0
0
iz-
N
fn
Q
0
a
Prepared by plibertini 9/11/2002
Date:
-i
Expected Delivery Date:
.
Division Head Approval:
d'
.2
N
Inventory , Faced
yt
1
(Requisition No.:
P.O. Number.
z'
z
NI
E 'h
'Requesters Employes*
Account Number.
Qi27A_ OA_"2A _ rIl/ w w
t
g
reamn
1
LDesaiptlon:
Q,
A'c)q
fi
r.
I.
,
STAFF REVIEW FORM
x AGENDA REQUEST
x CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of October 15, 2002
FROM:
Paul Libertini
Name
Engineering
Division
Public Works
Department
ACTION REQUIRED:
1. Approval of a resolution awarding the construction contract in the amount of $148,180.00 to
Mobley Contractors, Inc. for the "City-wide Sidewalk Construction".
2. Approval of a project contingency of $20,000.00 for project needs including material testing,
variations in final quantities .. .
COST TO CITY:
168,180
Cost of this Request
4470-9470-5814.00
Account Number
02053-20
Project Number
$485i952
Category/Project Budget 2002
$120,430
Funds Used To Date 2002
$365,522
kemainmg Balance 2002
Sidewalk Improvements
Category/Project Name
Street Improvements
Program Name
Sales Tax Fund
Fund
BUDGET REVIEW:
x Budgeted Item
Budget Manager
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Accounting Manager
Date
City Attorney
Date
GRANTING AGENCY:
Internal Auditor Date
ADA Coordinator Date
• •
Purchasing Officer Date Grant Coordinator Date
STAFF RECOMMENDATION: Approval
&Sow 09.z702
vision Head Date Cross Reference
Department Director Date
Administrative Services Director Date
Mayor Date
New Item: Yes x No
Prev Ord/Res #:
Orig Contract Date:
Orig Contract No:
• •
STAFF REVIEW FORM Page 2
Description City-wide Sidewalk Construction
Meeting Date October 15. 2002
Comments: Reference Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Grant Coordinator
•
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Engineering Division
To: Dan Coody, Mayor
City Council
Thru: Greg Boettcher, Public Works Director
Staff Review
From: Jim Beavers, City Engineer50441
Date: September 27, 2002
Re: City Council Meeting October 15, 2002
City wide Sidewalk — construction contract
•
Bids were publicly opened and read aloud at 2:00 p.m. Friday, September 27, 2002 at the City
Administration Building for the City wide Sidewalk Construction contract, Bid 02-52.
The low bidder was Mobley Contractors' Inc. of Springdale, Arkansas.
Bid results are attached.
This City wide Sidewalk contract will provide for contracted concrete flat work on an as -needed
basis initiated through formal work -orders issued by the City's Sidewalk Division. The City of
Fayetteville's Sidewalk Division shall be responsible for all preparation and cleanup. The
contractor shall be responsible for forming and placing the concrete. The Contract is an annual
contract with allowances for renewal for two additional years. Enc:
Enclosures:
1. Bid tabulation
2. Contract
1
•
City wide sidewalk
Mobley
Sweetser
1 4 inch SW 30,000 3.41 102300
2 6 inch SW 6000 3.73 22380 1 4 inch SW 30,000 4.55 136500
3 6 inch AR 2000 4.25 8500 2 6 inch SW 6000 5.25 31500
4 C&G 1000 15 15000 3 6 inch AR 2000 5.25 10500
4 C&G 1000 9 9000
sum 148180
sum 187500
Township Tumkey
1 4 inch SW 30,000 6.5 195000 1 4 inch SW 30,000 4.5 135000
2 6 inch SW 6000 7.5 45000 2 6 inch SW 6000 3.75 22500
3 6 inch AR 2000 11.5 23000 3 6 inch AR 2000 9 18000
4 C&G 1000 25 25000 4 C&G 1000 16 16000
sum 288000 sum 191500
APAC EWI
1 4 inch SW 30,000 7.46 223800 1 4 inch SW 30,000 26.54 796200
2 6 inch SW 6000 8.79 52740 2 6 inch SW 6000 24.05 144300
3 6 inch AR 2000 22.25 44500 3 6 inch AR 2000 26.88 53760
4 C&G 1000 32.03 32030 4 C&G 1000 106.8 106800
sum 353070 sum 1101060
Engr estimate
1 4 inch SW 30,000 2.9 87000
2 6 inch SW 6000 3.65 21900
3 6 inch AR 2000 4 8000
4 C&G 1000 12 12000
sum 128900
+15% contingency 19035
sum 147935
FAYETTEVIfL,E
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Paul Libertini, Engineering
From: Heather Woodruff, City Clerk
Date: December 5, 2002
Attached is a copy of Resolution # 154-02 approving a construction contract with Mobley
Contractors, Inc. for contracted concrete flat work.
The original will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Auditor
Piuth oz. R ad( At IV -Da
Project Manual
MICROFILMED
FAYEMT EVI LLE
CITY OF FAYETTEVILLE
ARKANSAS
City -Wide Sidewalk
Construction
BID # 02-52
SEPTEMBER 2002
,, t Tc oe
A9I MSSAS\
REGISTERED
Z PROFESSIONAL
ENGINEER 1
to ONo. 9804
1N G`r�
•
910°-
• •
Project Manual
FAYETTEVILLE
CITY OF FAYETTEVILLE
ARKANSAS
City -Wide Sidewalk
Construction
BID # 02-52
SEPTEMBER 2002
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Section No. Title
•
•
Section 00005
TABLE OF CONTENTS
City -Wide Sidewalk Construction
00005 Table of Contents
00020 Advertisement for Bids
BIDDING REQUIREMENTS
00100 Instructions to Bidders
00300 Bid Form
00350 Bid Bond
00350 Notice of Selection
CONTRACT FORMS AND CONDITIONS
00500 Agreement Form Between Owner & Contractor
Construction Performance Bond - Exhibit A
Construction Payment Bond - Exhibit B
Certificates of Insurance - Exhibit C
Notice to Proceed
00700 General Conditions
00800 Supplementary Conditions
SPECIFICATIONS
Division 1 - General Requirements
01010 Summary of Work
01025 Measurement and Payment
01027 Applications for Payment
01035 Modification Procedure
01040 Coordination and Meetings
01060 Regulatory Requirements
Ordinance No. 4005
01500 Construction Facilities & Temporary Controls
01700 Contract Closeout
Division 3 - Concrete
03316 Miscellaneous Concrete Work
Standard Details
End of Section 00005
City of Fayetteville 08/13/02
Pages
00005-1
00020-1
00100-1 to 00100-10
00300-1 to 00300-3
00350-1 to 00350-2
00350-3
00500-1 to 00500-6
00500-7
00500-8
00500-9
00500-10
1 to 42
00800-1 to 00800-11
01010-1
01025-1
01027-1
01035-1
01040-1
01060-1
01060-3
01500-1
01700-1
to 01010-3
to 01025-4
to 01027-3
to 01035-3
to 01040-3
to 01060-2
to 01060-8
to 01500-3
to 01700-2
03316-1 to 03316-9
03316-10 to 03316-20
Page 00005-1
I
Section 00020
' ADVERTISEMENT FOR BIDS
BID # 02-52
1 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 Friday, September 27, 2002, for
furnishing all tools, materials and labor, and performing the necessary work for the project
entitled, CITY-WIDE SIDEWALK CONSTRUCTION, for Fayetteville, Arkansas. At this time
and place all bids received will be publicly opened and read aloud.
The work generally consists of the construction of approximately 30,000 square feet of
concrete sidewalk and 6,000 square feet of concrete driveway in various undetermined
locations over a one (1) year period in compliance with the project specifications.
Specifications are on file and may be examined at the office of the Engineering Department,
City of Fayetteville. Copies of these documents may be obtained from the office of the
engineer upon request and upon payment of $20.00 for the specifications. This amount is not
refundable.
Bid security, as defined in the Instructions To Bidders, in the amount of 5 percent of the Bid
must accompany the Bid.
Bidding Documents may be reviewed at the:
City of Fayetteville
1 Engineering Division (Phone: 501-575-8206)
125 W. Mountain
Fayetteville, AR 72701
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond
as security for the faithful performance and the payment of all bills and obligations arising from
the performance of the Work.
The City of Fayetteville hereby notifies all bidders that this contract is subject to applicable
labor laws, non-discrimination provisions, wage rate laws and other federal laws including the
Fair Labor Standards Acts of 1938. The Work Hours Act of 1962 and Title VI of the Civil
Rights Act of 1964 also apply. Pursuant to Ark. Code Annotated 22-9-203, the City of
Fayetteville encourages all qualified small, minority and women business enterprises to bid on
' and receive contracts for goods, services, and construction. Also, the City of Fayetteville
encourages all general contractors to subcontract portions of their contract to qualified small,
minority, and women business enterprises.
No Bids may be withdrawn within a period of 60 days after the date fixed for opening Bids.
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, unresponsive, or conditional Bids.
' /s/ Peggy Vice
Peggy Vice, Purchasing Officer
I
ICity of Fayetteville 09/09/02 Page 00020-1
I • •
Section 00100
IINSTRUCTIONS TO BIDDERS
I I DEFINED TERMS
1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions
1
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
1 are applicable to both the singular and plural thereof.
1.2 Bidder - one who submits a Bid directly to Owner as distinct from a sub -bidder, who
submits a bid to a Bidder.
1.3 Issuing Office - the office from which the Bidding Documents are to be issued and
where the bidding procedures are to be administered._.._.
1.4 Successful Bidder -the lowest, responsible, and responsive Biddertowhom Owner(on
the basis of Owner's evaluation as hereinafter provided) makes an award.
' 2 COPIES OF BIDDING DOCUMENTS
2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any,
stated in the Advertisement for Bids may be obtained from the Issuing Office.
2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither Owner
nor Engineer assume any responsibilityfor errors or misinterpretations resulting from
the use of incomplete sets of Bidding Documents.
2.3 Owner and Engineer in making copies of Bidding Documents available on the above
terms do so only for the purpose of obtaining Bids for the Work and do not confer a
license or grant for any other use.
3 EXAMINATION OF SITE AND CONTRACT DOCUMENTS
3.1 Bidders are advised that the Drawings and Specifications are on file at the City of
Fayetteville Engineering Department, and shall constitute all of the information which
the Owner shall furnish. No other information given or sounding made by the Owner
or any 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 08/13/02 Page 00100-1
I
Prior to submitting any Bid, Bidders are required to: read carefully the Specifications,
contract, and Bonds; examine carefully all Drawings; and all attending circumstances
affecting the cost of doing the work, and the time specified for its completion; and obtain
all information required to, make an intelligent bid.
3.2 Bidders shall rely exclusively upon their 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, and materials required and with full
knowledge of the drawings, specifications, and estimates and all provisions of the
contract and Bonds.
3.3 Bidders shall promptly notify Engineer of all conflicts, errors, ambiguities, or I
discrepancies which Bidder has discovered in or between the Contract Documents and
such otherre ated documents:
3.4 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 that relates to the
work for which a Bid is to be submitted.
3.5 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 I
Contract Documents and that the written resolutions thereof by Engineer are acceptable
to Bidder, and that the Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performing and furnishing the
Work.
4 AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS
4.1 The lands upon which the Work is to be performed, rights -of -way and easements for
access thereto and other lands designated for use by Contractor in performing the Work
are identified in the Contract Documents. All additional lands and access thereto
required for temporary construction facilities, construction equipment, or storage of
materials and equipment to be incorporated in the Work are to be obtained and paid for
by Contractor. Easements for permanent structures or permanent changes in existing
facilities are to be obtained and paid for by Owner unless otherwise provided in the
Contract Documents.
I
City of Fayetteville 08/13/02 Page 00100-2 1
I • •
1 5 INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA
5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as
to the true meaning of any part of the proposed Contract Documents or finds
discrepancies in or omissions from any part of the proposed Contract Documents, he
should submit a written request for interpretation thereof to the Engineer not later than
seven days before the date set for bid opening. The person submitting the request shall
be responsible for its prompt delivery.
5.2 Interpretation or correction of proposed Contract Documents will be made only by
Addendum to all holders of Bidding Documents. Only questions answered by formal
written Addenda will be binding. Oral and other interpretations or clarifications will be
without legal effect. Owner will not be responsible for any other explanations or
interpretations of the proposed Contract Documents.
5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable
by Owner or Engineer.
6 APPROXIMATE ESTIMATE OF QUANTITIES
6.1 Engineer's estimate of quantities, on file at the City Engineer's office, is approximate
only and shall be the basis for receiving unit price bids for each item but shall not be
considered by Bidders as actual quantities that may be required for the completion of
the proposed work. However, such quantities, at the unit and lump sum prices bid for
each item, shall determine the amount of each bid for comparison of Bids and aid in
determining the low and responsive Bidder for the purpose of awarding the contract,
and will be used as basis for fixing the amount of the required Bonds.
7 UNIT PRICES
7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump
1 Sum prices shall include amounts sufficient for the furnishing of all labor, materials,
tools, equipment, and apparatus of every description to construct, erect, and finish
completely all of the work as called for in the Specifications or indicated on the
Drawings.
7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost
of the work to be done.
Bids
which appear unbalanced and
are deemed not to be in the
I 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.
City of Fayetteville 08/13/02 Page 00100-3
• t
8 BID FORM
8.1 Bids are due as indicated in the Advertisement For Bids.
8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents.
Bid Form shall not be removed from the bound Project Manual, nor shall bids be I
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-ofany kind -or which do
not comply with these Instructions to Bidders may be rejected as informal or non-
responsive at the option of Owner. However, Owner reserves the right to waive
technicalities as to changes, alterations, or revisions and to make the award in the best
interest of Owner.
8.4 Address bids to Owner, and deliver to the address given in the Advertisement For Bids I
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 (Optional), and the date I
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 I
those having a partnership or other financial interest with him in the Bid, until after the
bids have been opened.
9 SIGNATURE ON BIDS
9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form
signed by the individual or a duly authorized agent. If the Bid is made by a partnership,
the firm name and the names of each member must be given, and the Bid signed by a
member of the partnership, or a person duly authorized. If the Bid is made by a
company or corporation, the company or corporate name must be given and the Bid
signed by an officer or agent duly authorized. The corporate seal must be affixed and ,
attested by the secretary or an assistant secretary. The corporate address and state
of incorporation must be shown below the signature.
1
City of Fayetteville 08/13/02 Page 00100-4
1
1 9.2 All names must be typed or printed in black ink below the signature.
I
I
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.
U!
Li
I
LI
I
I
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.
I11 PERFORMANCE BOND AND PAYMENT BOND
C
14
a
I
I
11.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and
a payment Bond, equal to one hundred percent of the contract price.
11.2 Contractor shall pay all expenses 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.
I
City of Fayetteville 08/13/02 Page 00100-5
• • I
11.4 In Arkansas, prevailing law requires that performance and payment Bonds on public 1
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 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. I
14 SUBCONTRACTORS SUPPLIERS AND OTHERS
14.1 Contractor shall not assign or sublet all or any part of this contract without the prior
written approval of Owner nor shall Contractor allow such subcontractor to commence
work until approval of workman's compensation insurance and public liability insurance
as may be required. Approval of each subcontract by Owner will in no manner release
Contractor from any obligations as set out in the Drawings, Specifications, contract, and
Bonds.
I
15 SUBSTITUTE AND "OR EQUAL" ITEMS
15.1 The contract, if awarded, will be on the basis of materials and equipment described in
the Drawings or specified in the Specifications without consideration of possible
substitute or "or -equal" items. However, a substitute or "or -equal" item of material or I
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
City of Fayetteville 08/13/02 Page 00100-6
• •
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 A Contractor's License is not required to bid this project, however, prior to executing the
agreement with the City of Fayetteville, the Contractor shall be licensed in accordance
with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing
Law for Contractors" for bids in excess of $20,000.
17 QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS
1 17.1 To demonstrate qualifications to perform the Work, each Bidder shall submit, within five
days after bid opening, a detailed written list of qualifications, equipment, manpower,
present commitments, references and a list of completed jobs. Each Bid must contain
evidence of Bidder's qualification to do business in the State of Arkansas:
18 DISQUALIFICATIONS OF BIDDERS
18.1 Any one or more of the following may be considered as sufficient for the disqualification
of bidders and the rejection of Bids.
18.2 More than one Bid Form for the same work from an individual, firm, partnership, or
corporation under the same or different names.
18.3 Evidence of collusion among bidders. Participants in such collusion may receive no
recognition as bidders for any future work.
18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the
prices for other items, or changes written in, or amendments by letter, or failure to
submit a unit price for each item of work for which a bid price is required by the Bid
Form, or failure to include all required contract documents.
18.5 Lack of competency as revealed by the financial statement, experience, plant, and
equipment statements submitted. Lack of responsibility as shown by past work judged
from the standpoint of workmanship and progress.
18.6 Uncompleted work which, in the judgement of Owner, might hinder or prevent the
prompt completion of additional work if awarded.
1 18.7 Being in arrears on existing contracts, in litigation with Owner, or having defaulted on
a previous contract.
I
City of Fayetteville 08/13/02 Page 00100-7
• •
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
amounts of the base Bids and major alternates (if any) will be made available to Bidders
after the opening of Bids.
20 CONSIDERATION OF BIDS I
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.
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 I
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 I
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
City of Fayetteville 08/13/02 Page 00100-8
I
a contract shall not be complete until the contract is executed and the necessary Bonds
approved.
I
23 RETAINAGE
23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of
retainage are set forth in the Agreement.
24 SIGNING OF AGREEMENT
24.1 When Owner gives a Notice of Selection to the Successful Bidder, it will be
accompanied by the number of unsigned counterparts of the Agreement as indicated
in the Supplementary Conditions, with all other written Contract Documents attached.
Within ten (10) days thereafter, Contractor shall sign and deliver the required number
of counterparts of the Agreement and attached documents to Owner with the required
Bonds & Certificate of Insurance. Within ten (10) days thereafter Owner shall deliver
one fully signed counterpart to Contractor.
25 MATERIALS GUARANTY
25.1 Before any contract is awarded Bidder may be required to furnish a complete statement
of the origin, composition, or manufacture of any or all materials proposed to be used
in the construction of the Work, together with samples, which may be subjected to tests
provided for in the Specifications to determine their quality and fitness for the Work.
26 FAMILIARITY WITH LAWS
26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or the
materials or equipment used, or that in any way affect the Work and shall in all respects
comply with said laws, ordinances, and regulations. No claim of misunderstanding or
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
L
ICity of Fayetteville 08/13/02 Page 00100-9
27.2 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, I
1993.
I
End of Section 00100 - Instructions to Bidders
I
I
I
I
1
I
I
I
I
I
City of Fayetteville
08/13/02
Page 00100-10
C]
Section 00300
BID FORM
Contract 02-52
City -Wide Sidewalk Construction
Fayetteville, Arkansas
Bid of 7/ hereina er called "Bidder"), a corporation,
organized and exis ng under the laws of the State of partnership,
or an individual doing business as 7'&-6&-q1
To: City of Fayetteville, (hereinafter called the "Owner"):
The Bidder, in compliance with the Owner's Advertisement For Bids on September 12 &
September 19, 2002, and having examined the drawings and specifications with related
documents, 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 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 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 fully complete the Project within 365 consecutive
calendar days after that agreed date.
Bidder acknowledges receipt of the following addendum
Addendum No.
Subject
City of Fayetteville 09/09/02 Page 00300-1
City -Wide Sidewalk Construction
Item Estimated
No. Quantity Unit Description of Item and Unit Price Bid Total Amount
1 30,000 Sq. Ft Concrete Sidewalk (4")
dollars ($ c3.51/ )/SF $ /002. 3OD. SC
amount written in words in figures in figures
2 6,000 Sq..Ff. Concrete Driveway (6")
Die ___ dollars ($£3 )/SF $ 380. D
amount written in words in figures in figures
3 2,000 Sq. Ft. Concrete Access Ramp (6")
, 4teLJ9— a leo dollars
amount written in words
($ )/SF $
in figures in figures
4 1,000 Lin. Ft Concrete Curb & Gutter
%� dollars ($ /ate, )/LF $ / 0 fid d�
amount written in words in figures in figures
TOTAL BASE BID............................................................................ $ "'5'""t3, D c�
City of Fayetteville 09/09/02 Page 00300-2
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.
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,
Fir Na e
By 40 P 4C E9, J Gt& ,dJA-?t
t
Address
fl/ -o, at1,s '
Cift9 State
cooS040.3
Arkansas State Contractor's License Number
A Contractor's License is not required to bid this project, however, the Contractor shall submit evidence of being licensed in the
State of Arkansas prior to execution of the agreement with the City of Fayetteville.
End of Section 00300 - Bid Form
City of Fayetteville 09/09/02 Page 00300-3
OF SELECTION
TO: Mobley Contractors, Inc.
705 Hatcher Road
Springdale, AR 72764
PROJECT DESCRIPTION: City -Wide Sidewalk Construction
The OWNER has considered the BID submitted by you for the above described
WORK in response to its Advertisement for Bids dated September 9, 2002 and Instructions
to Bidders dated August 13, 2002.
You are hereby notified that your BID has been accepted in the amount of:
$ 148,180.00.
You are required by the Instructions to Bidders to execute the Contract and furnish
three (3) 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 215` day of October, 2002.
FAYETTEVILLE CITY ENGINEERING
By:
Paul Libertini, P.E.
Staff Engineer
ACCEPTANCE OF NOTICE
Receipt of
the above
/NOTICE
OF SELECTION is hereby acknowledged
by_
this the day of ('Z!.t.B-I—°&_) .2002.
Y
Title 1/GP,!/ d�—M
City of Fayetteville
10/21/02
00350 - 3
C1
•
Section 00500
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the 1i day of in the year 2002,
by and between the City of Fayetteville, Arkansas and Mobley Contractors, Inc.
The City of Fayetteville and Mobley Contractors, in consideration of the mutual covenants hereinafter
set forth, agree as follows:
Article 1. WORK.
Mobley Contractors shall complete all Work as specified or indicated in the Contract Documents.
The work generally consists of the construction of approximately 30,000 square feet of
concrete sidewalk and 6,000 square feet of concrete driveway in various undetermined
locations including all other items indicated in the Project manual over a one (1) year period.
Article 2. ENGINEER.
The Project has been designed by
City of Fayetteville Engineering Division
113 W. Mountain
Fayetteville, Arkansas 72701
who is hereinafter called the ENGINEERING DIVISION and who is to act as the City of Fayetteville'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.
Article 3. CONTRACT TIME.
3.1. This is an annual contract based on 365 consecutive calendar days after the date when
the Contract Time commences to run, as provided in paragraph 2.03 of the General Conditions.
This annual contract may be renewed on a yearly basis for another 2 years for a total contract
period of 3 years.
3.2. Individual projects will be initiated throughout the year as individual work orders. Each
Work Order Form shall specify the project location, the required bid items, the estimated
quantities, the number of days allotted for project completion and a signature line for Mobley
Contractors. The City of Fayetteville and Mobley Contractors shall agree upon the start date
and the number days allowed for the completion of each Work Order. Mobley Contractors's
signature shall indicate his agreement to complete the Work Order within the specified time
frame.
City of Fayetteville 10/21/02 Page 00500-1
3.3. Liquidated Damages. The City of Fayetteville and Mobley Contractors recognize that time
is of the essence of the Agreement and that the City of Fayetteville will suffer financial loss if
the Work is not completed within the times specified in paragraph 3.2 above, plus any
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
the City of Fayetteville if the Work is not completed on time. Accordingly, instead of requiring
any such proof, the City of Fayetteville and Mobley Contractors agree that as liquidated
damages for delay (but not as a penalty), Mobley Contractors shall pay the City of Fayetteville
Two hundred dollars 200.00 for each day that expires after the time specified in paragraph
3.2 for completion and readiness for final payment for each Work Order or any proper
extension thereof granted by the City of Fayetteville for each Work Order.
Article 4. CONTRACT PRICE.
' The City of Fayetteville shall pay Mobley Contractors 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.
PAYMENT ITEMS
Item
No.
Item Description
Unit
Estimated
quantity
Unit Price
Extended Price
1
Concrete Sidewalk (4")
SF
30,000
$3.41
$102,300.00
2
Concrete Driveway (6")
SF
6,000
$3.73
$22,380.00
3
Concrete Access Ramp (6")
SF
2,000
$4.25
$8,500.00
4
Concrete Curb & Gutter
LF
1,000
$15.00
$15,000.00
Total Base Bid Amount
$148,180.00
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 the ENGINEERING DIVISION
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.
If the City of Fayetteville elects to renew the annual contract for a second and/or third year period, the
above unit prices shall be increased 5% above the previous year's contract unit prices. By entering into
this agreement, Mobley Contractors agrees to the specified unit price increases over the 3 year period.
City of Fayetteville 10/21/02 Page 00500-2
Article 5. PAYMENT PROCEDURES
Mobley Contractors 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 the ENGINEERING DIVISION as provided in the General Conditions.
5.1. Progress Payments. The City of Fayetteville shall make progress payments on account of
the Contract Price on the basis of Mobley Contractors's Applications for Payment as
recommended by the ENGINEERING DIVISION, 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 Final 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 the ENGINEERING DIVISION shall determine, or the
City of Fayetteville may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.0 of
the General Conditions.
I
I
I
I
I
I
I
n
n
I
90 percent of Work completed (with the balance of 10 percent being retainage),
If Work has been 50 percent completed as determined by the ENGINEERING
DIVISION, and if the character and progress of the Work have been satisfactory
to the City of Fayetteville and the ENGINEERING DIVISION, the City of
Fayetteville, on recommendation of the ENGINEERING DIVISION, maydetermine
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.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.07.B & C of the General Conditions, the City of Fayetteville shall pay the
remainder of the Contract Price as recommended by the ENGINEERING DIVISION as provided
in said paragraphs 14.07.B & C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce the City of Fayetteville to enter into this Agreement, Mobley Contractors makes the
following representations:
6.1. Mobley Contractors 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.
Mobley Contractors
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.
6.3. Mobley Contractors is aware of the general nature of work to be performed by the City of
Fayetteville and others at the site that relates to the Work as indicated in the Contract
Documents.
City of Fayetteville 10/21/02 Page 00500-3
U
6.4. Mobley Contractors has given the ENGINEERING DIVISION written notice of all conflicts,
errors, ambiguities, or discrepancies that Mobley Contractors has discovered in the Contract
Documents and the written resolution thereof by the ENGINEERING DIVISION is acceptable to
Mobley Contractors 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 the City of Fayetteville and
Mobley Contractors concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 6, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by Mobley Contractors prior to Notice of Selection (Exhibit D).
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 11 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. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto:
7.9.1. Notice to Proceed
7.9.2. 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.
City of Fayetteville 10/21/02 Page 00500-4
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. The City of Fayetteville and Mobley Contractors 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.
I
1
I
I
I
I
J
I
Ii
City of Fayetteville
10/21/02
Page 00500-5
I
I
I
H
I
I
I
CI
I
I
G
G
I
I
I
IN WITNESS WHEREOF, the Cityof Fayetteville and Mobley Contractors have signed this Agreement
in quadruplicate. One counterpart each has been delivered to the City of Fayetteville and the
ENGINEERING DIVISION, and two counterparts have been delivered to Mobley Contractors. All
portions of the Contract Documents have been signed, initialed, or identified by the City of Fayetteville
and Mobley Contractors or identified by the ENGINEERING DIVISION on their behalf.
This Agreement will be effective on Oc 2002 (which is the Effective Date of
the Agreement).
OWNER: City of Fayetteville
By: 11k
Mayor Dan Coody
[CORPORATE SEAL]
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.)
CONTRACTOR: Mobley Contractors
By.
Ron F. ly! bley, Jr.
Vice -President
Title
[CORPORATE SEAL]
* If a Corporation, attest by the Secretary.
Address for giving notices
License No. 0003660903
Agent for service of process:
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
' City of Fayetteville 10/21/02 Page 00500-6
• Bond No.: 38BCSBS9535
AIA Document A312
Performance Bond
Conforms with the American Institute of Architects, AIA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Mobley Contractors, Inc.
705 Hatcher,
Springdale, AR 72764
OWNER (Name and Address):
City of Fayetteville, Arkansas
113 W Mountain St,
Fayetteville, AR 72701
CONSTRUCTION CONTRACT
SURETY (Name and Principal Place of Business):
Hartford Fire Insurance Company
Hartford Plaza
Hartford, Connecticut 06115
Date:
Amount: ONE HUNDRED FORTY-EIGHT THOUSAND ONE HUNDRED EIGHTY AND NO/100THS Dollars
($148,180.00)
Description (Name and Location): City -Wide Sidewalk Construction
Fayetteville, Arkansas
BOND
Date (Not earlier than Construction Contract Date):
Amount: ONE HUNDRED FORTY-EIGHT THOUSAND ONE HUNDRED EIGHTY AND NO/100THS Dollars
($148,180.00)
Modifications to this Bond:
'CONTRACTOR AS PRINCIPAL
Company: Mobley Contractors, Inc. (Corporate Seal)
Name and Title:
(Any additional signatures appear on page 2.)
(FOR INFORMATION ONLY - Name, Address and
Telephone) AGENT or BROKER: The Cashion Company, Inc.
P. O. Box 550
Little Rock, AR 72203 501-376-0716
1 The Contractor and the Surety. jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation under this Band
shall arise after:
3.1 The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below that the Owner is considering
declaring a Contractor Default and has requested and attempted to
arrange a conference with the Contractor and the Surety to be held not
later than fifteen days after receipt of such notice to discuss methods of
performing the Construction Contract. If the Owner, the Contractor and
the Surety agree, the Contractor shall be allowed a reasonable time to
XD None I ISeePage2
SURETY
Company: Hartford Fire Insurance Company
(Corporate Seal)
Signaur tJ2SJ- nc QRYr
Name and Title: ( ,i I U
Judy Qcc oggen — Attorney -In -Fact
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
perform the Construction Contract, but such an agreement shall
not waive the Owner's right, if any, subsequently to declare a
Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract
Price to the Surety in accordance with the terms of the
Construction Contract or to a contractor selected to perform the
Construction Contract in accordance with the terms of the
contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3, the
Surety shall promptly and at the Surety's expense take one of the
following actions:
SURETY 5028 (0-02)
S-1852/GEEFro,0g Page 1 of 2
4.1 Arrange for the Contractor, with consent owner, to perform
and complete the Construction Contract: or
4.2 Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and completion
of the Construction Contract, arrange for a contract to be prepared for
execution by the Owner and the contractor selected with the Owners
concurrence, to be secured with performance andpayment bonds
executed by a qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the amount of damages
as described in Paragraph 6 in excess of the Balance of the Contract
Price incurred by the Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under the
circumstances:
After investigation, determine the amount for which it may
be liable to the Owner and, as soon as practicable after the
amount is determined, tender payment therefor to the
Owner: or
.2 Deny liability in whole or in part and notify the Owner
citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default on this
Bond fifteen days after receipt of an additional written notice from the
Owner to the Surety demanding that the Surety perform its obligations
under this Bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. If the Surety proceeds as provided in Subparagraph
4.4. and the Owner refuses the payment tendered or the Surety has denied
liability, in whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph
4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner
shall not be greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be
greater than those of the Owner under the Construction Contract. To the
limit of the amount of this Bond, but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and damages on
the Construction Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting
from the Contractors Default, and resulting from the actions or failure
to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
7 The Surety shall not able to the Owner or others for obligations of
the Contractor that are lated to the Construction Contract, and the
Balance of the Contract Price shall not be reduced or set off on account of
any such unrelated obligations. No right of action shall accrue on this Bond
to any person or entity other than the Owner or its heirs, executors,
administrators or successors.
8 The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may be instituted
in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased working
or within two years after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11 When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments made
to or on behalf of the Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has neither
been remedied nor waived, to perform or otherwise to comply with
the terms of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with the
other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature: Signature:
Name and Title: Name and
Address: Address:
(Corporate Seal)
5-1852/GEEF 10199 Page 2 of 2
POWER OFSTTORNEY THE HARTFORD
HARTFORD PLAZA
HARTFORD. CONNECTICUT 08119
X Hartford Fire Insurance Company Twin City Fire Insurance Company I
I 0 Hartford Casualty Insurance Company Hartford Insurance Company of Illinois I1
X Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest I1
' I Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast II
KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity
Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut: Hartford
Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company,
Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the
State of Indiana: and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida;
' having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and
appoint, up to the amount of unlimited:
Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., Judy Schoggen, William H. Griffin,
' Cynthia L. Wadley, Sheilla J. Smith, Pamela K. Hays
of
Little Rock. AR
their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)
only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written
instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000,
the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly
attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby
unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
is
////��y`Lt]p :.�IlMnwr�12 L04 L •/,p�w•+''4�\�+�:: 3
};y �1\.nol•.�l ��797• I 1 9 m ij+._ �.• J�M� a 1��i� • 7977
• ne•TY 1u.• ry'. P •'qmn' oww' '
' -e Q Ct .
Paul A. Bergenholtz. Assistant Secretary John P. Hyland, Assistant Vice President
STATE OF CONNECTICUT
COUNTY OF HARTFORD
5 ss. Hartford
On this 19'" day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did
depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies,
the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals
affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations
and that he signed his name thereto by like authority. 1
)Gill N. Wozniak
CERTIFICATE Notary Public
My Commission Expires June 20. 2004
I. the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and
correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of
Signed and sealed at the City of Hartford.
�•• t9T
- �..NMr,1lpfll
e 1A � •i •
•rI . i�\•MILK.,/
• , .nsTY �'•r �`�h PII•
1
Ayp• �'t 7079 C � 79711:.
• X11,\•1\ 9MW
Colleen Mastroianni, Assi!
I •
'- 1911 AU
Itant Vice President
• • Bond No.: 38BCSBS9535
AIA Document A312
I
I
H
r
IT
I
I
I
I
H
H
I
1.1
H
I
Payment Bond
Conforms with the American Institute of Architects, AIA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Mobley Contractors, Inc.
705 Hatcher,
Springdale, AR 72764
OWNER (Name and Address):
City of Fayetteville, Arkansas
113 W Mountain St,
Fayetteville, AR 72701
CONSTRUCTION CONTRACT
SURETY (Name and Principal Place of Business):
Hartford Fire Insurance Company
Hartford Plaza
Hartford, Connecticut 06115
Date:
Amount: ONE HUNDRED FORTY-EIGHT THOUSAND ONE HUNDRED EIGHTY AND NO/100THS Dollars
($148,180.00)
Description (Name and Location): City -Wide Sidewalk Construction
Fayetteville, Arkansas
BOND
Date( Not earlier than Construction Contract Date):
Amount: ONE HUNDRED FORTY-EIGHT THOUSAND ONE HUNDRED EIGHTY AND NO/100THS Dollars
($148,180.00)
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: Mobley Contractors, Inc. (Corporate Seal)
Signature:
Name and Title:
(Any additional signatures appear on page 2.)
(FOR INFORMATION ONLY - Name, Address and
Telephone) AGENT or BROKER: The Cashion Company, Inc.
P. O. Box 550
Little Rock, AR 72203 501-376-0716
1 The Contractor and the Surety, jointly and severally, bind themselves.
their heirs, executors, administrators, successors and assigns to the Owner to
pay for labor, materials and equipment famished for use in the performance
of the Construction Contract, which is incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null and void if the
Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity whose claim, demand,
lien or suit is for the payment for labor, materials or equipment
furnished for use in the performance of the Construction Contract,
provided the Owner has promptly notified the Contractor and the
Surety (at the address described in Paragraph 12) of any claims,
demands, liens or suits and tendered defense of such claims, demands,
liens or suits to the Contractor and the Surety, and provided there is no
Owner Default.
❑X None ❑ See Page 2
SURETY
Company: Hartford Fire Insurance (Corporate Seal)
Company
Signs
Name and Title: Judy oggen Attorney -In -F
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
3 With respect to Claimants, this obligation shall be null and void if
the Contractor promptly makes payment, directly or indirectly, for all
sums due.
4 The Surety shall have no obligation to Claimants under this Bond
until:
4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereof, to
the Owner, stating that a claim is being made under this Bond and,
with substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the
Contractor.
• 1 Have furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last performed labor or last furnished materials or
equipment included in the claim stating, with substantial
accuracy, the amount of the claim and the name of the party
to whom the materials were famished or supplied or for
whom the labor was done or performed; and
' SURErY'1028 (8-92,
S.t653IGEEF 3/00
Page 1 of 2
.2 Have either received a rejection in wh. in part from the
Contractor, or not received within 30 of furnishing the
above notice any communication from the Contractor by which
' the Contractor has indicated the claim will be paid directly or
indirectly, and
.3 Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
' Paragraph 12) and sent a copy, or notice thereof, to the Owner
stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnished to the
Contractor.
5 If a notice required by paragraph 4 is given by Owner to the Contractor
or to the Surety, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of Paragraph 4, the
Surety shall promptly and at the Surety's expense take the following
actions:
6.1 Send an answer to the Claimant, with a copy to the Owner,
within 45 days after receipt of the claim, stating the amounts
that are undisputed and the basis for challenging any amounts
that are disputed.
6.2 Pay or arrange for payment of any undisputed amounts.
7 The Surety's total obligation shall not exceed the amount of this Bond,
and the amount of this Bond shall be credited for any payments made in
good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction Contract and
to satisfy claims, if any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that
all funds earned by the Contractor in the performance of the Construction
Contract are dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority to use the funds for
the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction
Contract. The Owner shall not be liable for payment of any costs or
expenses of any Claimant under this Bond, and shall have under this bond
no obligations to make payments to, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
the work or part of the is located or after the expiration of one year
from the date (I) on whri the Claimant gave the notice required by
Subparagraph 4. I or Clause 4.2.3, or (2) on which the last labor or service
was performed by anyone or the last materials or equipment were furnished
by anyone under the Construction Contract, whichever of (I) or (2) first
occurs. If the provisions of this Paragraph are void or prohibited by law, the
minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of
notice by Surety, the Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the address shown on the
signature page.
13 When this Bond has been famished to comply with a statutory or other
legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
14 Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of
this Bond or shall permit a copy to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract
with the Contractor or with a subcontractor of the Contractor to
furnish labor, materials or equipment for use in the performance of
the Contract. The intent of this Bond shall be to include without
limitation in terms "labor, materials or equipment" that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental
equipment used in the Construction Contract, architectural and
engineering services required for performance of the work of the
Contractor and the Contractor's subcontractors, and all other items for
which a mechanic's lien may be asserted in the jurisdiction where the
labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between the Owner
and the Contractor identified on the signature page. including all
Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with the
other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and
Address:
Signature:
Name and Title:
Address:
(Corporate Seal)
S•1853/GEEF 3/Q� Page 2 of 2
POWER OFSTTORNEY • THE HARTFORD
HARTFORD PLAZA
HARTFORD, CONNECTICUT 08115
Hartford Fire Insurance Company Twin City Fire Insurance Company
'I X Hartford Casualty Insurance Company Hartford Insurance Company of Illinois L1
X Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest I1
Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast
KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity
' Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford
Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company,
Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the
State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida;
' having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and
appoint, up to the amount of unlimited:
Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., Judy Schoggen, William H. Griffin,
' Cynthia L. Wadley, Sheilla J. Smith, Pamela K. Hays
of
Little Rock, AR
their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)
' only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written
instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
' In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000,
the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly
attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby
unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
P Y14 ♦ aanrs
g
• ne. 1w•• L aP • IUA.1 •FW 1
Paul A. Bergenholtz, Assistant Secretary John P. Hyland, Assistant Vice President
' STATE OF CONNECTICUT
)))3 ss. Hartford
COUNTY OF HARTFORD
On this 19'" day of September, 2000. before me personally came John P. Hyland, to me known, who being by me duly sworn, did
depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies,
the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals
' affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations
and that he signed his name thereto by like authority.
I
• ~�� Jean H. Wozniak
CERTIFICATE Notary Public
My Commission Expim live 30. 2004
I. the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and
'
correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of
Signed and sealed at the City of Hartford.
�! ^'I• �4 .rte
3 _! � ::•arnwaa: � 1Vdi S a _
-I t°ev ,q • 8 3
• 14W K.,I
.��a� - • '.a /' W ^�4Y7i z s l070 f t$ ID71
Colleen Mastroianni, Assistant Vice President
INSURANCE BINDER
Zurich Commercial Insurance SIXTY (60)
Insuring Company INSURANCE AND BONDS Day Binder
THE INSURING COMPANY DOES HEREBY ACKNOWLEDGE ITSELF BOUND DURING THE PERIOD OF THIS BINDER FOR SUCH COVERAGES LISTED IN ITEM 2 AS INDICATED BY
A LIMIT OF LIABILITY OR AMOUNT OF INSURANCE APPLICABLE THERETO ON THE RISK HEREIN DESCRIBED. SUBJECT TO THE INSURING AGREEMENTS, EXCLUSIONS. CONDI-
TIONS. AND OTHER TERMS OF THE POLICY FORM PROVIDED THE COMPANY'S UNDERTAKING HEREUNDER SHALL BE WITH RESPECT ONLY TO SUCH COVERAGES AS ARE
AFFORDED BY IT UNDER THE POLICY FORM.
1 NAME OF INSURED
City of Fayetteville
ADDRESS
OCCUPATION
113 West Mountain
A
2. Type of Coverage
Limits of Liability or Amount of Insurance
OWNER'S & CONTRACTOR'S
$ 1,000,000 OCCURRENCE
PROTECTIVE LIABILITY
$ 2,000,000 AGGREGATE
CONTRACTOR
Mobley Contractors, Inc.
705 Hatcher
Springdale, AR 72764
JOB
City -Wide Sidewalk Construction,
11IN THE EVENT OF CANCELLATION OR
Fayetteville, AR
MATERIAL CHANGE THAT REDUCES OR
RESTRICTS THE INSURANCE AFFORDED
BY THIS POLICY, WE AGREE TO MAIL
(30) DAYS WRITTEN NOTICE OF
CONTRACT AMT $ 148,180.
CANCELLATION OR MATERIAL CHANGE
TO OWNER AND ARCHITECT."
3- A PREMIUM CHARGE IN ACCORDANCE WITH THE APPLICABLE RULES AND RATES OF THE MANUAL IN USE BY THE COMPANY WHEN THIS BINDER BECOMES EFFEC-
TIVE SHALL BE MADE FOR THE PERIOD COVERAGE IS IN EFFECT. ACCEPTANCE BY THE INSURED OF A POLICY IN PLACE HEREOF SHALL RENDER THIS BINDER NULL
AND VOID AS OF THE EFFECTIVE DATE OF SUCH POLICY, THIS EITHER MAY BE CANCELED BY THE INSURED OR BY THE AGENT BY MAILING TO THE COMPANY WRIT.
TEN NOTICE STATING WHEN THEREAFTER SUCH CANCELLATION SHALL BE EFFECTIVE THIS BINDER MAY BE CANCELED BY THE COMPANY BY MAILING TO THE
INSURED AT THE ADDRESS SHOWN ABOVE AND TO THE AGENT WRITTEN NOTICE STATING WHEN, NOT BEFORE 1201 A.M. THE THIRD BUSINESS DAY FOLLOWING
THE DATE OF MAILING, SUCH CANCELLATION SHALL BE EFFECTIVE. DELIVERY OF WRITTEN NOTICE SHALL BE EQUIVALENT TO MAILING.
THIS BINDER EFFECTIVE
THIS BINDER ISSUED
DATE 10-21-02 HOUR 12:01 A.M.
DATE 10-21-02 HOUR
THE CAS ON COMPANY INC.
ay 5Qm _jSr74i7d71 s
321 SCOTT ♦ P. O. BOX 550 ♦ LITTLE ROCK, ARKANSAS ♦ 501-376-0716 ♦ FAX (501) 376-2118
INSURANCE BINDER
Great American Insurance
Insuring Company INSURANCE AND BONDS
SIXTY (60)
Day Binder
THE INSURING COMPANY DOES HEREBY ACKNOWLEDGE ITSELF BOUND DURING THE PERIOD OF THIS BINDER FOR SUCH COVERAGES LISTED IN ITEM 2 AS INDICATED BY
A LIMIT OF LIABILITY OR AMOUNT OF INSURANCE APPLICABLE THERETO ON THE RISK HEREIN DESCRIBED. SUBJECT TO THE INSURING AGREEMENTS. EXCLUSIONS. CONDI-
TIONS. AND OTHER TERMS OF THE POLICY FORM PROVIDED THE COMPANY'S UNDERTAKING HEREUNDER SHALL BE WITH RESPECT ONLY TO SUCH COVERAGES AS ARE
AFFORDED BY IT UNDER THE POLICY FORM.
1. Mobley Contractors, Inc. & NAME OF INSURED
All Sub -Contractors, ATIMA
ADDRESS I OCCUPATION
P.O. Box 150
2. Type of Coverage
INSTALLATION FLOATER
COVERAGE
All Risk Including Theft,
Flood
Limits of Liability or Amount of Insurance
148,180. PROJECT LIMIT
14,000. TRANSIT LIMIT
14,000. TEMPORARY LOCATION LIMIT
DEDUCTIBLE $ 1,000 Except Flood Defuctible $25,000
JOB City -Wide Sidewalk Constructi n, Fayetteville, AR
3. A PREMIUM CHARGE IN ACCORDANCE WITH THE APPLICABLE RULES AND RATES OF THE MANUAL IN USE BY THE COMPANY WHEN THIS BINDER BECOMES EFFEC-
TIVE SHALL BE MADE FOR THE PERIOD COVERAGE IS IN EFFECT, ACCEPTANCE BY THE INSURED OF A POLICY IN PLACE HEREOF SHALL RENDER THIS BINDER NULL
AND VOID AS OF THE EFFECTIVE DATE OF SUCH POLICY. THIS EITHER MAY BE CANCELED BY THE INSURED OR BY THE AGENT BY MAILING TO THE COMPANY WRIT-
TEN NOTICE STATING WHEN THEREAFTER SUCH CANCELLATION SHALL BE EFFECTIVE. THIS BINDER MAY BE CANCELED BY THE COMPANY BY MAILING TO THE
INSURED AT THE ADDRESS SHOWN ABOVE AND TO THE AGENT WRITTEN NOTICE STATING WHEN. NOT BEFORE 12:01 A.M. THE THIRD BUSINESS DAY FOLLOWING
THE DATE OF MAILING. SUCH CANCELLATION SHALL BE EFFECTIVE. DELIVERY OF WRITTEN NOTICE SHALL BE EQUIVALENT TO MAILING.
THIS BINDER EFFECTIVE THIS BINDER ISSUED
DATE 10/21/02 HOUR 12:01 A.M. DATE 10/21/02 HQua4:04
THE CAS COMPANY, INC.
By L/ �__c�TiY�2n Yl�i�
321 SCOTT ♦ P. O. BOX 550 ♦ LITTLE ROCK, ARKANSAS ♦ 501-376-0716 ♦ FAX (501) 376-2118
I
ACORD CERTIFICATE jr
LIABILITY INSURAN
DAT10/21/021
PRODUCER
THIS CERTIFICATE IS ISSUED AS A
MATTER OF INFORMATION
The Cashion Company, Inc.
ONLY AND CONFERS NO RIGHTS
UPON THE CERTIFICATE
P.O. Box 550
HOLDER. THIS CERTIFICATE DOES
ALTER THE COVERAGE AFFORDED
NOT AMEND, EXTEND OR
BY THE POLICIES BELOW.
Little Rock, AR 72203
501-376-0716
INSURERS AFFORDING COVERAGE
INSURED
Mobley Contractors, Inc.
P.O. Box 150
INSURER A: Zurich US
INSURERS: Royal Ins. (Crump)
Morrilton AR 72110
INSURER C:
INSURER 0:
INSURERE:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE IMM!DD?YYI
4/23/02
POLICY EXPIRATIONLTR
DATE (MM!DDWY1
LIMITS
A
GENERAL LIABILm
X COMMERCIAL GENERAL LIABIUTY
CLAIMS MADE I X I OCCUR
CON50539981
4/23/03
EACH OCCURRENCE
L 1000000
FIRE DAMAGE (Any one tire)
$ 300000
MED EXP tAny one person)
L 10000
PERSONAL&ADV INJURY
L 1000000
GENERAL AGGREGATE
$ 2000000
GEN'L
AGGREGATE OMIT APPLIES PER:
POLICY PR6 LOC
PRODUCTS - COMP/OP AGG
$ 1000000
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
CON50540096
4/23/02
4/23/03
COMBINED SINGLE OMIT
IEa aociden0
1000000
X
BODILY INJURY
Per Person)
BODILY INJURY
IPer accident)
PROPERTY DAMAGE
Wet accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
OTHER THAN EA ACC
AUTO ONLY: AGO
I
0
8
EXCFss
LAABAJTY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION L 10000
P2HN017787
4/23/02
4/23/03
EACH OCCURRENCE
1 4000000
AGGREGATE
1 4000000
0
4
X
$
A
WORKERS COMPENSATION AND
EMPLOYERs' LIABILITY
TC356274369
4/23/02
4/23/03
X
IWe STATLLI
oTR -
E.L. EACH ACCIDENT
$ 1000000
E.L. DISEASE - EA EMPLOYEE
$ 1000000
E.L. DISEASE - POLICY OMIT
a 1000000
OTHER
DESCRIPTION OF OPERATIONS&OCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
JOB: CITY-WIDE SIDEWALK CONSTRUCTION
CITY OF FAYETTEVILLE ADDED AS ADDITIONAL INSURED AS RESPECTS
GENERAL LIABILITY & AUTO LIABILITY
' CERTIFICATE HOLDER I I ADDITIONAL IN:
CITY OF FAYETTEVILLE
113 WEST MOUNTAIN
FAYETTEVILLE, AR 72701
ACORD 25-S (7197)
2-22
n: n.i:.. ,..,.. e ..
ttJJ1ti'I1 J!1
IkhhI
0 ACORD CORPORATION 1988
I
I
[I
C
I
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
' Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
`I1 National Society of
Professional Engineers
AMERICAN CONSULTING Proleulonal 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
I
I
I
I
I
I
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General y C Contractors of America
Construction Specifications Institute
I acam.Kw�
nrhW.y,
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)
I
• •
1
Ii
7
L
El
I
I
I
L
U
I
I
Copyright 01996
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
I.
TABLE OF CONTENTS
P�Eg
ARTICLE I - DEFINITIONS AND TERMINOLOGY ..................................... 00700 -6
1.01 Defined Terms ................................................... 00700 - 6
1.02 Terminology..................................................... 00700. 8
ARTICLE 2 - PRELIMINARY MATTERS ............................................ 00700 - 9
2.02 Delivery ofocuds s ............................................. • . 00700 - 9
2.02 Copies oJDocuments • • 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 00700 - 10
2.07 Initial Acceptance of Schedules ........................................ 00700-10
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .................... 00700 - 10
3.01 Intent........................................................ 00700 - 10
3.02 Reference Standards .............................................. 00700 - 10
i 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 ..............................................0070() 00700 - 11
4.02 Subsurface and Physical Conditions ..................................... 00700 - 12
' 4.03 Differing Subsurface or Physical Conditions . . .. . . . . . . . ... . .. . . .. . . . . . . . . . . . 00700 - 12
4.04 Underground Facilities . 00700 - 13
4.05 Reference Points.................................................0070(3 - 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 CONTRACTOR's Liability Insurance . 00700-15
5.05 OWNER's Liability Insurance ......................................... 00700 - 16
' 5.07 Property Insrance....... 00700 - 17
5.07 Waiver of Rights ..................................................°7 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.............................4.............. 00700-19
6.03 Services, Materials, and Equipment .. . 00700 - 19
6.04 Progress Schedule................................................X700 - 19
6.05 Substitutes and "Or -Equals" ............ 0 .......... I .................. 00700 - 19
I. 6.06 Concerning Subcontractors, Suppliers, and Others ............................ 00700 - 20
6.07 Patent Fees and Royalties . 00700 - 21
6.08 Permits ......................... .......... ........ ............ 00700-21
' 6.09 Laws and Regulations .............................................. 00700 - 22
6.10 Taxes ........................................................ 00700-22
6.11 Use of Site and Other Areas .......................................... 00700 - 22
' 6.12 Record Documents ................................................ 00700-22
6.13 Safety and Protection . 00700 -23
6.14 Safety Representative .............................................. 00700 - 23
6.15 Hazard Communication Programs ...................................... 00700 - 23
00700 - 3
• • .1
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 Jr demni cation .................................... ............ . fi 00700 - 26 ,
ARTICLE? -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; Reports and Tests .................................. 00700 - 26
8.06 Insurance .....................................................00700-27
8.07 Change Orders .................................................. 00700 - 27 I
8.08 Inspections, Tests, and Approvals ...................................... 00700 - 27
8.09 Limitations on OWNER'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 .............4..4...............44......... 00700 - 27
9.02 Visits to Site .................................................... 00700 - 27 '.
9.03 Project Representative ............................................. 00700 - 27
9.04 Clarifications and Interpretations ...................................... 00700 - 28
9.05 Authorized Variations in Work ................44...4..............4... 00700 - 28 ,
9.06 Rejecting Defective Work............................................00700 - 28
9.07 Shop Drawings, Change Orders and Payments .............................. 00700 - 28L.
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 Authority and Responsibilities ...................... 00700 - 28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ................................... 00700 - 29
10.01 Authorized Changes in the Work ...................... ......4..444... 00700 - 29 ,
10.02 Unauthorized Changes in the Work.....................................00700 - 29
10.03 Execution of Change Orders ..................4.44.............4...... 00700 - 29
10.04 Notification to Surety ...............................................37c - 29 '
10.05 Claims and Disputes ............................................... 00700 - 30
ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK .............. 00700 - 30
11.01 Cost of the Work .................... 4 ................. 4 , 0 0 4 0 4 4 ... 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 .....................44.............4...4.. 00700 - 33 I
12.02 Change of Contract Times...........................................0()70() - 33
12.03 Delays Beyond CONTRACTOR's Control ................................. 00700-33
12.04 Delays Within CONTRACTOR's Control ....4............4.4..........4... 00700 - 34
12.05 Delays Beyond OWNER's and CONTRACTOR's Control ........................ 00700 - 34
12.06 Delay Damages .....................4.......44....4.............. 00700 - 34
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF ,
DEFECTIVE WORK 0 ...............................................0700 -34
13.01 Notice of Defects ................................................ 00700 - 34
13.02 Access to Work .................................................. 00700 - 34
13.03 Tests and Inspections .............................. ............ 00700 - 34 1
13.04 Uncovering Work.................................................74D - 35
13.05 OWNER May Stop the Work ..............4.44.4...................... 00700 - 35
13.06 Correction or Removal of Defective Work ................................. 00700 - 35
00700-4
1 13.07 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
14.02 Progress Payments ................................................ 00700-37
14.03 CONTRACTOR's Warranty of Title .....................................(307 . .......... . .. . .... . .. . 00700 - 38
14.04 Substantial Completion ........()(3713(J - 38
14.05 Partial Utilization ................................................ 00700 -39
14.06 Final Inspection ................................................. 00700 - 39
14.07 Fina1 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 ................... 00700 - 41
15.04 CONTRACTOR May Stop Work or Terminate ............................... 00700 - 41
ARTICLE 16 -DISPUTE RESOLUTION ............................................ 00700-41
16.01 Methods and Procedures ............................................ 00700 - 41
ARTICLE 17- MISCELLANEOUS ................................................ 00700-42
17.01 Giving Notice ................................................... 00700 - 42
17.02 Computation of Times .............................................. 00700 - 42
17.03 Cumulative Remedies ..............................................()c)7()() 00700 - 42
17.04 Survival of Obligations.............................................00700 - 42
17.05 Controlling Law ................................................. 00700 - 42
•1
LI
CT
11
I
I
I
I
I
' 00700-5
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
00700-6
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 paragraph 11.03
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.
1
1
1
I
1
1
1
1
1
1
1
1
i
1
I
1
I
I
I
I
I
1
1
I
11
I
I
I
I
I
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.
I
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
.1
I
I
I
I
i
I
I
I
I
I
I
7.
I
I
I
I
I
I
I
1
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
I. 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
C
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 acceptability to ENGINEER as provided
below the schedules submitted in accordance with paragraph
2.05.B. 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.
C
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
A.
The Contract
Documents
are complementary; what
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
00700-10
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),
.1
I
l
I
I
I
I
I
I
I
I
f_A
1
except as may be otherwise specifically stated in the
Contract Documents.
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.
' 3.03 Reponing and Resolving Discrepancies
I
1
I
I
I
I
1
1
I
I
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).
3.04 Amending and Supplementing Contract Documents
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: (i) 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.
00700-11
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.
.1
I
CT 1
1
I
I
I
I
1
1
1
I
1
i
I
I
i
00700-12
I • •
I
I
I
I
I
I
.1
I
I
I
[J
I
2. CONTRACTOR shall not be entitled to any
adjustment in the Contract 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:
1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any such
information or data; and
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
1 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:
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.
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
.1
1
I
I
I
I
L
00700-14
1 • •
[1
I
I
[. I
I
I
1
I
1
I
I
I
I
I
I
I
I
I
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.o1.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 to
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-
tained: (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. with respect 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);
I
I
I
I
l
1
1
I
I
I
I
U
1
I
I
L
00700-16
I S •
I
I]
F]
P
it
1
I
I
1
I
[]
Li
I
I
I
I
[I
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 parry
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
1 00700-17
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
L
of such party by the Contract Documents, such parry shall
notify the other party in writing of such failure to purchase
prior to the start of the Work, or of such failure to maintain
prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
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.
ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES
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.
.I
I
I
I
I
I
i
I
I
I
1
[1
I
I
I
I
I
I
I
I
I
[1
I
I
I
I
I
6.02 Labor; Working Hours
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.
6.03 Services, Materials, and Equipment
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.
6.04 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
any provisions of the General Requirements applicable
thereto.
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.
6.05 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. I, 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.
2. Substitute Items
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
00700-19
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
J
I
I
I
I
[1
I
L
Li
I
00700-20
I • •
I
I
I
I
[1
Li
I
I
I
I
I
I
I
I
I
I
I
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
Ll
and licenses. CONTRACTOR shall pay all governmental
;harges and inspection fees necessary for the prosecution of
he Work which are applicable at the time of opening of Bids,
)r, if there are no Bids, on the Effective Date of the
kgreement. CONTRACTOR shall pay all charges of utility
)wners for connections to the Work, and OWNER shall pay
ill charges of such utility owners for capital costs related
hereto, such as plant investment fees.
5.09 Laws and Regulations
A. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to the performance
if the Work. Except where otherwise expressly required by
ipplicable Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
:ONTRACTOR's compliance with any Laws or Regulations.
B. If CONTRACTOR performs any Work knowing or
iaving reason to know that it is contrary to Laws or
2egulations, CONTRACTOR shall bear all claims, costs,
osses, and damages (including but not limited to all fees and
:harges of engineers, architects, attorneys, and other
)rofessionals and all court or arbitration or other dispute
-esolution costs) arising out of or relating to such Work;
iowever, it shall not be CONTRACTOR's primary
esponsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but
his shall not relieve CONTRACTOR of CONTRACTOR's
)bligations 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
kgreement if there were no Bids) having an effect on the cost
it time of performance of the Work may be the subject of an
idjustment in Contract Price or Contract Times. If OWNER
and CONTRACTOR are unable to agree on entitlement to or
in the amount or extent, if any, of any such adjustment, a
Maim may be made therefor as provided in paragraph 10.05.
5.10 Taxes
A. CONTRACTOR shall pay all sales, consumer, use,
ind other similar taxes required to be paid by CONTRAC-
FOR in accordance with the Laws and Regulations of the
dace of the Project which are applicable during the
erformance 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
I
00700-22
I 0 •
I
I
I
I
I
I
I
I
I
I
I
I
I
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.
6.13 Safety and Protection
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
I
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
LI
I
I
I
L
I
I
I
I
I.
1
1
1
i
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.
00700-25
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.
i
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:
1. 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
.1
1
I
1
'
I
I
I
00700-26
1 + •
I
I
I
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 9.02 Visits to Site
indicated in paragraph 10.03.
I
ARTICLE 9- ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 OWNER'S Representative
[I
I
FT
L
I
I
I
[1
I
I
I
I
I
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.
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.
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
'tit t
n
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
I
1
I
1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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.
I
00700-29
• .1
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
submin:d (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 11.01.13.
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.
r]
I
I
1
1
Cam_ '
1
00700-30
I
I
I
I
I
.1
[1
I
11
I
I
I
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. No 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 11.0l.A.1 or specifically
covered by paragraph 11.01.A.4, all of which are to be
I
00700-31
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 F
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.
U
I
UPI
I
I
I
11
I
I
I
I
I
I
I
I
I
I
00700 -32
1
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
1
11
I
I
I
I
1
I
I
I
[1
I
I
I
I
1
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:
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.B.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. CONTRACTOR'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;
b. for costs incurred under paragraph
11.01.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
11.01.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 11.01.A.4, I1.01.A.5,
and 11.01.B;
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
00700-33
0
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:
I. 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 13.04.8
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.
I
I
I
I
C1
rii
1,
I
I
I
I
1]
H
[I
I
00700-34
I
H
[1
H
I
I
I
I
I
I
I
I
I
F
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
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.
00700-36
L',
I
I
L
I
I
I 0
' 14.02 Progress Payments
IA. 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
Ito 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,
[I
00700-37
revise or revoke any such payment recommendation OWNER shall promptly pay CONTRACTOR the
previously made, to such extent as may be necessary in amount so withheld, or any adjustment thereto agreed to
ENGINEER's opinion to protect OWNER from loss by OWNER and CONTRACTOR, when CONTRAC-
because: 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 fu 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-
I
I
I
I
I
I
I
I
I
I
I
Li
I
I
00700 - 38
L
C
P
H
[1
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.
I
I
C
I
I
[1
I
I
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 Final Inspection
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.
[1
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 and accompanying 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, except that it shall not
constitute a waiver of Claims.
14.09 Waiver of Claims
'
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 a period 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.
A. The making and acceptance of fmal payment will B.
If one
or more of the
events identified in paragraph
constitute: 15.02.A
occur,
OWNER may,
after giving CONTRACTOR
(and the
surety,
if any) seven
days written notice, terminate
C
I
I
I
I
11
rI
C
00700 - 40
1 0
the services of CONTRACTOR, exclude CONTRACTOR
from the Site, and take possession of the Work and of all
'CONTRACTOR's tools, appliances, construction equipment,
and machinery at the Site, and use the same to the full extent
they could be used by CONTRACTOR (without liability to
CONTRACTOR for trespass or conversion), incorporate in
the Work all materials and equipment stored at the Site or for
which OWNER has paid CONTRACTOR but which are
stored elsewhere, and finish the Work as OWNER may deem
'expedient. In such case, CONTRACTOR shall not be
entitled to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Price exceeds
'all claims, costs, losses, and damages (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 OWNER
'arising out of or relating to completing the Work, such excess
will be paid to CONTRACTOR. If such claims, costs,
losses, and damages exceed such unpaid balance,
'CONTRACTOR shall pay the difference to OWNER. Such
claims, 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
'rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
' not release CONTRACTOR from liability.
15.03 OWNER May Terminate For Convenience
Il
I
I
I
C
L
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):
1. 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
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.
I
00700-41
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.
I
H
P1
I
I
I
Il
I
H
I
H
r
I
00700-42
[1
i •
ISection 00800
SUPPLEMENTARY CONDITIONS
' LIST OF SUBJECTS
SC -1.01 Defined Terms
' SC -2.02 Copies of Documents
SC -2.05.8 Preliminary Schedules:
SC -2.05.C Evidence of Insurance:
' SC -5.01 Performance, Payment, and Other Bonds
SC -5.02 Licensed Sureties and Insurers
SC -5.03 Certificates of Insurance
• SC -5.04 CONTRACTOR's Liability Insurance
• SC -5.04.8.1 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 of Insurance Proceeds
SC -6.04 Progress Schedules
SC -6.19 CONTRACTOR's General Warranty and Guarantee
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 of Applications
SC -14.02.C Payment Becomes Due
1
I
I
C
C
C
' City of Fayetteville 09/09/02 Page 00800-1
• • 1
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." - 1
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 1
made the fulfillment of the contract by Bonds, and whose signatures are attached to such
Bonds. 1
1.01.52. "Advertisement" shall mean the legal publications pertaining to the work of this
contract. 1
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 1
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 1
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.
City of Fayetteville 09/09/02 Page 00800-2
I
I
I
I
I
OWNER shall furnish to CONTRACTOR up to three (3) copies of the Contract Documents
as are reasonably necessary for the execution of the Work. Additional copies will be
furnished, upon request, at the cost of reproduction."
SC -2.05.8. 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.
ISC -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 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 bythe Arkansas State Insurance Commissionerto 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. CONTRACTOR shall include provisions in bonds which will guarantee the faithful
performance of the prevailing hourly wage clause as required by the Arkansas Prevailing
' Wage Law, Arkansas Code Annotated § 22-9-308(d).
F. Additional Information: CONTRACTOR shall provide the Bonds as described in these
sections within ten (10) days after the receipt of a Notice of Selection.
City of Fayetteville 09/09/02 Page 00800-3
I
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."
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
Comprehensive General Liability Insurance, under paragraphs 5.04.A.3 through 5.04.A.5
City of Fayetteville 09/09/02 Page 00800-4
I
J
-1
I
I
L
f
I
L
I
I
L
I
L
I
I
1 9
' 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 Each person
$2,000,000.00 Each occurrence
Property Damage:
$500,000.00 Each occurrence
I or
(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).
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
City of Fayetteyille 09/09/02 Page 00800-5
S 0 1
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 ENGINEERfrom 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 maybe 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 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 '
City of Fayetteville 09/09/02 Page 00800-6
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."
1
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,
the CONTRACTOR shall at the CONTRACTOR's expense make all repairs and
' replacements necessitated by defects in the materials, workmanship or prosecution of the
Work under this contract, and pay for any damage to other works or property resulting from
such defects. The CONTRACTOR shall submit a Maintenance Bond in the amount of
'
100% of the total project construction cost to the ENGINEER to cover the above specified
two year warranty period. The 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 of Application and Acceptance, or the date of Substantial
Completion as specified in paragraph 14.04. CONTRACTOR shall make all repairs or
City of Fayetteville 09/09/02 Page 00800-7
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 -7.03 Separate Contractor Claim
I
I
I
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,:OW NER:.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 anytime 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.
City of Fayetteville 09/09/02 Page 00800-8
1
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.
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 Authority for 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 not be subject to re-evaluation and
' adjustment under this contract.
It is understood that there is no guaranteed minimal volume of work for this contract period.
The City has the right to use this contract frequently or infrequently throughout the year with
no monetary penalty or change in the agreed upon unit prices. The City also has the right
to utilize individual bid items without regard to the estimated quantity or relationship to other
bid items. The City may utilize one bid item more than estimated and other bid items less
than estimated without monetary penalty or an increase in unit prices.
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
City of Fayetteville 09/09/02 Page 00800-9
S •
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 1
consent of CONTRACTOR and ENGINEER at the pre -construction conference.
3. CONTRACTOR shall make an estimate of the value of the Work done during the
previous estimate period. CONTRACTOR shall furnish to the ENGINEER a pay
estimate listing each individual work order with the associated bid items for each work '
order indicating the completed quantities. All payment requests are subject to
retainage as indicated in the Agreement. If OWNER or ENGINEER shall at any time fail to make CONTRACTOR a monthly estimate at the time herein specified, such '
failure shall not be held to violate or void the contract. Note that the failure of
CONTRACTOR to provide an accurate and current schedule update shall be reason
to reject CONTRACTOR'S request for progress payment.
4. The amount of retainage with respect to progress payments will be as stipulated
in the Agreement."
SC -14.02.B. Review of Applications I
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:
1
City of Fayetteville 09/09/02 Page 00800-10
"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
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."
End of Section 00800
I
I
I
H
[JI
r:
I
I
ICity of Fayetteville 09/09/02 Page 00800-11
1 i •
I
Part 1 - GENERAL
' 1.1 SECTION INCLUDES
Section 01010
SUMMARY OF WORK
A. Scope of Work
B. Work by Others
C. Work Sequence
D. Contractor Use of Premises
' 1.2 SCOPE OF WORK
A. The work generally consists of the construction of approximately 30,000 square feet
of concrete sidewalks (4" thick) and 6,000 square feet of concrete driveways (6"
thick) in various, undetermined locations throughout the City. Contractor shall
construct concrete access ramps (6") thick in locations designated by the City.
' Additionally, the Contractor may be required to construct concrete curb and gutter
as part of sidewalk and driveway construction.
B. This construction contract shall provide the City with the flexibility to construct
concrete flatwork at various locations and at various times within a one-year period.
However, there is no guaranteed minimum volume of work.
C. The City shall issue individual work orders for each location and identify the tasks
required for the completion of each location. The City shall list the required Bid Items
on each work order along with the estimated quantities to complete the work order,
The Contractor shall submit to the City, each completed work order with the
quantities revised to reflect the actual quantities completed and ready for payment.
D. The City has included several detail sheets and examples in the project manual by
which the Contractor shall construct sidewalks, access ramps, driveways, driveway
approaches and curb and gutter. However, it shall be acknowledged by the
Contractor that the actual configuration of the concrete flatwork shall be variable to
meet each specific site condition. The Contractor shall not be entitled to additional
compensation for these common variations in the layout of the flatwork.
E. The Contractor shall perform the following tasks, as required, for each Work Order:
1. Fine grading of aggregate base, as needed. Contractor is responsible to add
City of Fayetteville 08/29/02 Page 01010-1
S .
and remove aggregate base to attain the correct elevations, grades, slopes 1
and depth of finished concrete. Contractor shall re -compact aggregate base.
2. Furnish and install concrete forms and appurtenances for the work in ,
compliance with the specifications, details and ADA requirements.
3. Readjust concrete forms, as necessary, after City's inspection, but before
pouring concrete. Contractor is responsible for any changes in formwork
elevations, lines or grades, e.g. equipment or personnel knocking forms out
of correct alignment.
4. Furnish, install and place concrete in compliance with specifications and
details. Contractor shall provide a full 4" and 6" thickness of concrete even 1
though standard lumber dimensions are 3' /2" and 5 %", respectively.
5. Strip forms.
6. Remove and replace newly poured concrete that is out of specification, e.g.
does not meet ADA regulations. The Contractor is responsible to remove and
replace concrete that is not in compliance with project specification even
though the City has inspected and approved the formwork.
7. Furnish and install concrete curing compound, joint sealant, expansion joint
material, and plastic cap in compliance with specifications and details.
8. Provide flagmen and traffic control in compliance with the latest edition of the
M.U.T.C.D. 1
1.3 WORK BY OTHERS
A. The City of Fayetteville shall perform the following tasks in preparation of the
Contractor's Concrete Flatwork:
.1. Identify Individual projects and designate limits of work for each project.
2. Saw -cut all abutting surfaces and remove and dispose of existing materials, 1
e.g. concrete, asphalt, etc.
3. Perform all required earthwork operations (cut, fill or borrow) to attain the 1
proposed sub -grade elevation.
4. Place and compact aggregate base to a tolerance of ± 1 inch.
5. Inspect Concrete forms set by Contractor prior to Contractor pouring concrete. 1
6. Perform final clean-up, site restoration, landscaping, seeding, mulching and
City of Fayetteville 08/29/02 Page 01010-2 1
11
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
related finish work.
7. Furnish and install detectable warnings on access ramps.
1.4 WORK SEQUENCE
A. Contractor shall be available to commence each individual work order within
5 working days. The City will make every effort to provide greater advance
notice and to integrate the work order schedule with the Contractor's other
workload.
B. Contractor shall work exclusively on one project location until complete,
unless directed by the City to work on several locations simultaneously.
C. Contractor shall adjust his daily schedule to work with the City to complete
each individual location in a timely manner.
1.5 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.
Part 2- PRODUCTS
Not Used
Part 3- EXECUTION
Not Used
City of Fayetteville
End of Section 01010
08/29/02
Page 01010-3 - __
I. • •
Section 01025
MEASUREMENT AND PAYMENT
' Part 1 - GENERAL
1.1 SECTION INCLUDES:
A. Delineation of measurement and payment criteria applicable to Unit Price Work,
whether the unit price items are part of a unit price contract or are part of a
' Stipulated Price contract.
B. Defect assessment and non-payment for rejected work.
1.2 AUTHORITY
A. Measurement methods are delineated for each individual bid item, or for a group
of similar items, under this section.
B. Engineer will take all measurements and compute quantities accordingly.
C. Contractor shall assist by providing necessary equipment, workers, and survey
personnel as required.
' 1.3 UNIT QUANTITIES SPECIFIED
A. Quantities and measurements indicated in the Bid Form are for bidding and
' contract purposes only. Quantities and measurements supplied or placed in the
Work and verified by Engineer shall determine payment except those items of
work that will be paid based on plan quantities.
UB. If the actual Work requires more or fewer quantities than those quantities
indicated, provide the required quantities at the unit prices contracted.
1.4 MEASUREMENT OF QUANTITIES
A. Measurement by Weight: Items measured by weight will use specified standard
handbook weights unless otherwise specified in this section for an individual
item.
B. Measurement by Volume: Measured by cubic dimension using mean length,
' width and height or thickness with survey chain or a steel tape.
C. Measurement by Area: Measured by square dimension using mean length and
width or radius, with survey chain or steel tape.
ICity of Fayetteville 08/29/02 Page 01025-1
D. Linear Measurement: Measured by linear dimension, at the item centerline or
mean chord, with survey chain or steel tape.
E. Individual Item Measurement: Items to be paid for "each" unit furnished and
installed shall be counted by Engineer.
1.5 PAYMENT
A. Payment Includes: Full compensation for required labor, materials, products,
tools, equipment, transportation, services and incidentals; erection, application
or installation of an item of the Work; overhead and profit.
B. Final payment for Work governed by unit prices will be made on the basis of the
actual measurements and quantities accepted by Engineer multiplied by the unit
price for Work which is incorporated in or made necessary by the Work.
1.6 DEFECT ASSESSMENT '
A. Replace the Work, or portions of the Work, not conforming to specified '
requirements.
B. If, in the opinion of Engineer, it is not practical to remove and replace the Work,
Engineer will direct that the defective Work will be repaired to the satisfaction of
Engineer, and the unit price will be adjusted to a new price at the discretion of
Engineer.
C. The authority of Engineer to assess the defect and identify payment adjustment
is final. '
1.7 NON-PAYMENT FOR REJECTED PRODUCTS
A. Payment will not be made for any of the following:
1. Products wasted or disposed of in a manner that is not acceptable.
2. Products determined as unacceptable before or after placement.
3. Products not completely unloaded from the transporting vehicle.
4. Products placed beyond the lines, levels or boundaries of the required
Work.
5. Products remaining on hand after completion of the Work.
6. Loading, hauling and disposing of rejected Products.
1.8 INCIDENTAL ITEMS
A. General - Items indicated as incidental to a particular payment item are
considered an integral part of that payment item, and will not be measured or
considered in determining payments.
J
I
L
I
I
I
City of Fayetteville 08/29/02 Page 01025-2 ,
B. Safety - Safety is considered as incidental to every payment item, except for
excavation safety, which is a sepaoate bid item.
C. Miscellaneous - clean-up, project closeout, project record documents, and all
' costs not directly mentioned in this section are considered as incidental to the
Work.
' 1.9 PAYMENT ITEMS
' A. Concrete Sidewalks & Driveways (Pay Items 1 & 2)
1. Description - Construct sidewalks, driveways and driveway aprons to a
full 4" or 6" depth, and in the configurations indicated on the Detail
Drawings and/or as field directed to meet site conditions.
2. Incidental Items - Incidental items include furnishing and/or removing
aggregate base for fine grading, re -compaction of disturbed aggregate
'
base, tool joints, saw -cut joints, expansion joints, curing compound, joint
sealant, and all equipment, labor, and materials necessary to complete
the work.
3. Related Items - Furnishing & rough grading of aggregate base course
shall be provided by the City.
4. Units and Measurement - Payment shall be at the unit price per square
foot of concrete sidewalk, concrete driveway or concrete driveway apron
constructed and accepted by Engineer.
5. Partial Payment Provisions - None.
B. Concrete Access Ramps (Pay Item 3)
II. Description - Construct concrete access ramps to a full 6" depth, and in
the configurations indicated on the Detail Drawings and/or as field
directed to meet site conditions.
2. Incidental Items - Incidental items include furnishing and/or removing
aggregate base for fine grading, re -compaction of disturbed aggregate
base, tool joints, saw -cut joints, expansion joints, curing compound, joint
'
sealant, and all equipment, labor, and materials necessary to complete
the work.
' 3. Related Items - Furnishing & rough grading of aggregate base course,
and furnishing & installing detectable warnings shall be provided by the
City.
' 4. Units and Measurement - Payment shall be at the unit price per square
foot of concrete access ramp constructed and approved by Engineer.
5. Partial Payment Provisions - None.
I
ICity of Fayetteville 08/29/02 Page 01025-3
0
C. Concrete Curb and Gutter (Pay Item 4)
1. Description - Construct concrete curb and gutter to the lines and grades.
as field directed, and in accordance with the Detail Drawings.
2. Incidental Items - Incidental items include furnishing and/or removing
aggregate base for fine grading, re -compaction of disturbed aggregate
base, saw -cut joints, curing compound, joint sealant, and equipment,
labor, and materials necessary to complete the work.
3. Related Items - Furnishing & rough grading of aggregate base course
shall be provided by the City.
4. Units and Measurement - Payment shall be at the unit price per linear foot
of curb and gutter installed and accepted by Engineer.
5. Partial Payment Provisions - None.
End of Section 01025
I
I
I
I
I
I
I
L
L!
Li
I
I
I
I
I
I
City of Fayetteville 08/29/02 Page 01025-4
1
GI
I
Part I - GENERAL
1.1 SUMMARY
I A.
7
Section 01027
APPLICATIONS FOR PAYMENT
Comply with procedures described in this Section when applying for progress
payment and final payment.
B. Related work:
' 1. Documents affecting work of this Section include, but are not necessarily
limited to, the General Conditions, Supplementary Conditions, and Sections
' in Division 1 of these Specifications.
2. The Contract Price and the schedule for payments are described in the
General Conditions.
3. Payment upon Final Completion of the Work is described in the General
Conditions and in Section 01700 of these Specifications.
4. Engineer's approval of applications for progress payments 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.
1.3 FORMAT
IA. 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
ICity of Fayetteville 08/13/02 Page 01027-1
0 1
I
B. Contractor shall list each individual work order on the "Application for Payment" Form I
with the associated bid items for each work order.
1.4 PREPARATION OF APPLICATIONS I
A. Contractor shall present required information in typewritten form.
B. Contractor shall date and sign the Application for Payment in ink.
C. List each authorized Change Order as an extension on continuation sheet, listing
Change Order number and dollar amount as for an original item work.
1.5 SUBMITTAL PROCEDURES ,
A. Contractor shall submit the original of the Application for Payment, plus two identical.
copies including continuation sheet(s) to Engineer.
B. Engineer shall review submittal and, either:
1. Return the Application for Payment to Contractor indicating in writing the
reasons for refusing to recommend payment. Contractor shall re -submit
revised Application For Payment.
2. Engineer will sign the Application for Payment and present to Owner for '
payment.
C. Owner shall review Application for Payment and either:
1. Give immediate notice of any portions of the recommended amounts withheld.
from payment in accordance with the General Conditions paragraphs
14.02.D.1.a through 14.02.D.1.d.
2. Sign Application For Payment and make disbursement to Contractor. 1
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.
I
I
City of Fayetteville 08/13/02 Page 01027-2 '
•
Part 2- PRODUCTS
Not used.
Part 3- EXECUTION
Not used.
End of Section 01027
City of Fayetteville 08/13/02 Page 01027-3
1
I
li
11
I
I
I
I
I
I
I
I
1
Section 01035
MODIFICATION PROCEDURE
Part 1 - GENERAL
1.1 SUMMARY
A. This section describes steps to make changes in the Work, Contract Price, Contract
Times, orany 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. Change procedures.
2. Work Change Directive.
3. Unit price change order.
4. Execution of Change Orders.
5. Correlation of Contractor submittals.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily
limited to, General Conditions, Supplementary Conditions, and Sections in
Division 1 of these Specifications.
2. Changes in the Work are described further in the General Conditions.
3. Section 01027 - Applications for Payment.
4. Section 01700 - Project Record Documents.
1.2 QUALITY ASSURANCE
A. Take such measures needed to assure familiarity of Contractor's staff and employees
with the procedures outlined in this section for processing Change Order data.
B. Submit name of the individual authorized to receive change documents, and be
responsible for informing others in Contractor's employ or Subcontractors of changes
to the Work:
1.3 FORMAT
A. Change Order Form: EJCDC 1910-8-B.
IB. Work Change Directive Form: EJCDC 1910-F.
I
I
C. Field Order Form: Engineer's letter.
City of Fayetteville 08/13/02 Page 01035-1
S • 1
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.
1.8 UNIT PRICE CHANGE ORDER
I
L1
I
I
I
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. I
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 1
A. Promptly revise Schedule of Values and Application for Payment forms to record
each authorized Change Order as a separate line item and adjustthe 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.
I
I
City of Fayetteville 08/13/02 Page 01035-2 ,
Part 2- PRODUCTS
Not Used.
Part 3- EXECUTION
Not Used.
End of Section 01035
City of Fayetteville 08/13/02 Page 01035-3
I
Section 01040
COORDINATION AND MEETINGS
Part 1 -GENERAL
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 1 of
'
these Specifications.
1.3 COORDINATION
A. 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.
B. Coordinate scheduling, submittals, and Work of the various Sections of
specifications to assure efficient and orderly sequence of installation of
' interdependent construction elements with provisions for accommodating items
installed later.
' 1.4 PRECONSTRUCTION CONFERENCE
A. Engineerwill 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.
I
City of Fayetteville 08/13/02 Page 01040-1
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, applications for payments,
Change Orders and Contract closeout procedures.
7. Construction schedule.
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 meetings throughout progress of the Work as determined by Engineer.
B. Attendance Required: Job superintendent, Owner, Engineer, and others as
appropriate to agenda topics for each meeting.
C. 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. Corrective measures to regain projected schedules.
I
I
I
I
I
i
I
I
I
I
City of Fayetteville 08/13/02 Page 01040-2
I
6. Planned progress during succeeding work period.
' 7. Coordination of projected progress.
8. Maintenance of quality and work standards.
9. Effect of proposed changes on progress schedule and coordination.
10. Other business relating to Work.
Part 2- PRODUCTS
Not Used
Part 3- EXECUTION
' Not Used
End of Section 01040
I.
I.
City of Fayetteville 08/13/02 Page 01040-3
Ij
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.
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. Specific Sections of this Specification include additional requirements of local, state,
and federal regulatory requirements.
I
1.4 FAYETTEVILLE CODE OF ORDINANCES
A. Contractor shall comply with the Unified Development Ordinance, Section 171.13,
Sidewalk and Driveway Specifications (a.k.a. Ordinance No. 4005 - copy included
following this Section). However, any other specifications or details included in this
contract which are more restrictive shall take precedence.
' 1.5 AMERICANS WITH DISABILITIES ACT
I
A. Contractor shall comply with portions applicable to construction and construction
sites.
' 1.6 ARKANSAS HIGHWAY AND TRANSPORTATION
I
A. Construction standards as listed in individual Specification Sections.
City of Fayetteville 08/13/02 Page 010601
Part 2- PRODUCTS
Not Used
Part 3 - EXECUTION
Not Used
End of 01060
I
I
I
I
1
City of Fayetteville 08/13/02 Page 01060-2
ORDINANCE NO. Inns
' AN ORDINANCE AMENDING CHAPTER 98: STREETS
AND SIDEWALKS. SECTION 98.67: SPECIFICATIONS.
I. OF THE CODE OF FAYETTEVILLE. TO PROVIDE
STANDARDS FOR SIDEWALKS. DRIVEWAY
APPROACHES. AND ACCESS RAMPS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
' i I. That Chapter 98: Streets and Sidewalks. Section 98.67: Specifications.
of the Code of Fayetteville. is hereby deleted and the following shall he inserted in its stead:
§ 98.67 SPECIFICATIONS.
(A) Sidewalks. (See: Illustration. Residential Type Sidewalk).
(1) Grades: establishment of property lines. All sidewalks, street
curbing and guttering, and driveway approaches shall be constructed in grades
as established by the city official. It shall he the responsibility of the owner to
establish property lines by competent survey at his own expense.
(2) Minimum width of sidewalks. The minimum width of sidewalks
shall follow the guidelines of Section 8.2. Master Street Plan, of the General
Plan 2020.
(3) Sidewalk distances from the curb. The sidewalk setback distance
from the curb shall follow the guidelines of Section 8.2. Master Street Plan. of
' the General Plan 2020.
(4) There shall he a minimum of one (l) foot between the sidewalk and
the beginning of a slope as shown on the typical section detail.
(5) Cement -concrete requirement. All sidewalks. street curbing and
guttering, and concrete driveway approaches shall be constructed of a Portland
cement concrete mixture which will produce a concrete of a compressive
strength of 3.000 pounds per square inch after 28 days set under standard
laboratory methods.
(6) Minimum thickness of sidewalks and driveway approaches. The
minimum thickness of sidewalks shall be four (4) inches with any till materials
required for residential or commercial sidewalks consisting of approved
' compacted base material. The minimum thickness of residential driveway
approaches shall he four (4) inches with four (4) inches of compacted base
material or six inch by six inch 10 gauge reinforcing steel. The minimum
thickness of commercial driveway approaches shall he six (6) inches with six (6)
inches of compacted base material or six inch by six inch 10 gauge reinforcing
steel.
(7) Sidewalks shall conform to ADA guidelines.
[1
S
Page 2 4005
Ordinance No.
(8) Sidewalks shall he continuous through driveways with a cold joint
or expansion joint at the edge of the sidewalk opposite the street.
(9) The sidewalk edge adjacent to the street shall have at least a one (1)
inch deep grooved joint mark (can be a cold joint) to clearly define the sidewalk
through the driveway and approach. '
(10) The sidewalk elevation shall be two percent above the top of the
curb, sloping two percent towards the curb (one-fourth inch in each foot). This
elevation shall be continuous through the driveway and approach.
(11) Sidewalks that are to be constructed adjacent to the curb shall be
so located at their intersection with the approach and the driveway that the
ADA requirement of the two percent maximum vertical slope is met.
(12) The area remaining between the sidewalk and the flow -line of the
gutter. called the approach to the driveway, shall slope up to the elevation of the
sidewalk. '
(13) Wood shall not be acceptable in sidewalks for expansion joints.
The joint material shall he the same as approved for AHTD sidewalk
construction (AASHTO M 213).
(14) Full depth expansion joints (4 inches) shall he provided at not
greater intervals than 50 feet. One -quarter depth (I inch) weakened plane joints ,
or saw -cut joints shall he placed in sidewalk at regular intervals not greater than
10 feet apart.
(15) All sidewalks and curb cuts made for driveway approaches require
an inspection prior to the concrete pour.
(16) The material used for sidewalk construction shall be Portland
Cement Concrete having a broom finish. The use of other materials must have
the approval of the Sidewalk and Trails Coordinator.
(17) All sidewalks shall have one-half inch rolled edges.
(18) Removal and replacement of broken sidewalks require vertical saw -
cuts
on both ends of the sidewalk being replaced.
(19) All sidewalks and driveway approaches require the application of
a concrete curing compound or the concrete is to be kept moist for seven (7)
days.
B. Driveway Approaches. (See: Illustration. Standard Driveway Approach '
Residential).
(1) Curb, if existing, shall he removed for full width of the drive
approach.
(2) All concrete to he removed shall he saw -cut.
(3) Horizontal curb cutting along the flow -line of the gutter is allowed.
(4) If no horizontal curb cut is made, complete curb and gutter removal
is required.
(5) Broken edges of saw -cuts caused by demolition require a new saw-
cut.
iI
I
Page 3
' ordinance No. 4005
(6) Width of driveway approaches. The width of commercial driveway
' approaches shall not exceed 40 feet measured at right angles to the center -line
of the driveway approach. The width of residential driveway approaches shall
not exceed 24 feet measured at right angles to the center -line of the driveway
approach. The minimum width shall not be less than 10 feet.
(7) Safety zones. Safety zones between driveway approaches shall not
be less than the distance designated for distances between curb cuts in the
'• standards for street design of the subdivision regulations of Ordinance No. 1750
of the city. On streets of higher use designation than collector, the standards for
collector streets shall apply. Curbs shall be installed to prohibit vehicle parking
and access in safety zones. The barrier line nearest the street or highway shall
be on line with existing curbs. or established curb lines, but not less than 22 feet
from the center of the pavement; provided the city official does not require a
greater distance when needed to preserve the safety and utility of the street or
highway or provide conformance with proposed street or highway improvements..
The curb cut for a driveway approach (other than for a single-family residential
lot) shall be located a minimum of 12'h feet from the nearest property line: curb
cuts between driveway approaches on single-family residential lots shall be
separated by a minimum of 10 feet. The curb cut for a driveway approach on
a single-family residential lot shall be located a minimum of 5 feet from the side
property line: provided, this requirement shall not apply to a joint driveway
1 (driveway approach providing access to two adjoining lots), or residential lots
on the turning circle of a cul-de-sac.
(8) Safety zones at intersections and corners. No driveway approach
' shall be constructed less than the distance from the corner of a street or highway
intersection designated in the standards for street design of the subdivision
regulations of Ordinance No. 1750 of the city; provided the city official may
' require a greater distance between the corner and the driveway approach to
preserve the safety of the street or highway; provided further the city may
require the property owner to designate a driveway approach "for entrance only"
' or "for exit only" where more than one driveway approach provided access to
the property in order to preserve the safety of the street or highway. On streets
of a higher use designation than collector, the standards for distances between
'
curb cuts for collector streets shall apply.
(9) Variations. The city official may grant variations where strict
' enforcement would be impractical due to circumstances unique to the individual
property under consideration.
' C. Access Ramps (Installation guidelines). (See Fig. 1!. Fig. 12 & Fig. 13)
(I) Access ramps shall conform to ADA requirements.
(2) Access ramps shall he installed at all sidewalk intersections with the street.
' (3) Access ramps shall he installed in a direct parallel direction to the
sidewalk. Note: Therefore, many curb radii will require two (2) access ramps.
LJ
Page 4
ordinance No. 40n5
(4) The raised or built-up access ramp shall not be installed on public
streets without the approval of the Street Superintendent.
(5) The minimum width of a curb ramp shall he 36 inches and 48 inches
is recommended, exclusive of flared sides.
(6) The slope of the ramp shall not be greater than 8.33 percent (1:12).
(7) The slope of the flared sides shall not be greater than 10 percent
(1:10).
(8) Access ramps shall have a broom finish.
PASSED AND APPROVED this _19th day of November , 1996.
APPROVED;
By:
red Hanna. Mayor
ATTEST:
By:
Traci Paul. City Clerk -
I
I
I
CI
I
I
I
I
[I
I
I
I
I
I
I
6.06
p
Cl' h'dN4
I
StDEWw►sC5
4(y?ICAL-'EL1IDN DE1'A1L
{ I
Bit 1 r',:. , - } N{e .. .: ;;�ialn Sidewo'a
S.
JaM 1•
A E7,9T1.:.
Top bl curb. 1•°
Flew Lms . __ .,....
PLAN
w
Curb Fac.- { Oeoressss Curb I I
' U flowune� i {
•
SECTION A -A
STANDARD DRIVEWAY APPROACH
RESIDENTIAL
Ffl Stdn
• • 1
6.07 '
E1
A4s�tM9 stow sAML ' Y
asCnstss/10•
r:s
•
•
•
•
• susss
gxb,w Uva48 t
Via ow="a s/ Ui *sr.s skis
aayll a« •:o. Jul. Fig. 12
Sides a( Curb Ramps
CM
Reesmr CuS
[I
I
I
I
I
360 J� I
FTg..13
goptdlp Curb Ramp '
Li
I
Section 01500
' TEMPORARY CONTROLS
Part 1 -GENERAL
1.1 SUMMARY
A. This Section describes temporary controls required for the Work.
' B. Related work:
1. Documents affecting work of this Section include, but are not necessarily
limited to, General Conditions, Supplementary Conditions, and Sections in
Division 1 of these Specifications.
' 2. Except that equipment furnished by subcontractors shall comply with
requirements of pertinent safety regulations, such equipment normally
furnished by the individual trades in execution of their own portions of the
Work are not part of this Section.
1.2 REQUIREMENTS
' A. Provide temporary controls needed for the Work including, but not necessarily limited
to:
1. Temporary Utilities: Electricity, water and sanitary facilities.
' 2. Temporary Controls: Barriers, enclosures, fencing, protection of the Work,
and water control.
' 1.3 DELIVERY, STORAGE, AND HANDLING
IA. Maintain temporary facilities and controls in proper and safe condition throughout
progress of the Work.
Part 2- PRODUCTS
2.1 MAINTENANCE OF TRAFFIC
1. 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.
City of Fayetteville 08/13/02 Page 01500-1
• • •1
2. Conduct work as to assure the least possible obstruction to traffic. Provide for safety 1
and convenience of the general public, residents affected by construction, and
protection of persons and property. 1
3. Maintain existing roads from the date work is begun until the project has been
completed and accepted.
4. 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 and pay for water used in construction. 1
B. Electricity
1. Provide and pay for electricity used in construction.
C. Temporary Sanitary Facilities
1. Provide temporary sanitary facilities, as needed, in the quantity required for 1
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, and to protect 1
existing facilities and adjacent properties from damage from construction operations.
B. Provide protection for plant life designated to remain. Replace damaged plant life.
C. Protect non -owned vehicles, site and structures from damage.
2.4 PROTECTION OF INSTALLED WORK
A. Protect installed Work. i
B. Control activity in immediate work area to minimize damage. I
I
City of Fayetteville 08/13/02 Page 01500-2 1
C
2.5 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.
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.
End of Section 01500
City of Fayetteville
08/13/02
Page 01500-3
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.
I
B. Expands upon requirements regarding project closeout procedures, final cleaning,
adjusting, and project record documents.
C. Related work: Documents affecting work of this Section include, but are not
necessarily limited to, General Conditions, Supplementary Conditions, and Sections
' in Division 1 of these Specifications.
1.2 QUALITY ASSURANCE
A. Prior to requesting inspection by Engineer, use adequate means to assure that the
Work is completed in accordance with the specified requirements and is ready for the
' requested inspection.
1.3 PROCEDURES
A. Final Completion:
I1. Prepare and submit the notice required by the first sentence of Paragraph
14.06 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. Engineer will make an inspection to verify status of completion.
4. 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.
5. When Engineer determines that the Work is acceptable under the Contract
' Documents, he will request Contractor to make closeout submittals.
B. Closeout submittals include, but are not necessarily limited to:
' 1. Project Record Documents.
2. Warranties and Bonds
' 3. Certificates of Insurance for products and completed operations;
4. Evidence of payment and release of liens;
ICity of Fayetteville 08/13/02 Page 01700-1
C. Final adjustment of accounts: Submit a final statement of accounting to Engineer, '
showing all adjustments to the Contract Price. A final Change Order reconciling
quantities installed to contract amounts will be issued.
1.4 FINAL CLEANING
A. Execute final cleaning prior to final inspection.
B. Remove waste and surplus materials, rubbish, and construction facilities from the '
site.
1.5 PROJECT RECORD DOCUMENTS ,
A. Maintain on site one set of the following record documents; protect from deterioration
and from loss and damage until completion of the Work; record actual revisions to
the Work. Do not use the record documents set for any purpose except entry of new
data and for review by Engineer. -
1. Contract Drawings.
2. Specifications.
3. Addenda.
4. Change Orders and other Modifications to the Contract.
i
Part 2 - PRODUCTS I
Not Used
1
Part 3 - EXECUTION
Not Used
1
End of Section 01700
I
1]
I
City of Fayetteville 08/13/02 Page 01700-2 ,
Section 03316
I MISCELLANEOUS CONCRETE WORK
PART 1 -GENERAL
' 1.1 SCOPE
A. This section covers cast in place concrete used in the construction of curb and
gutter, sidewalks, access ramps, driveways, and other flatwork.
1.2 RELATED WORK
A. NONE
1.3 REFERENCES
A. ASTM Standards
1. C 31, "Standard Method of Making and Curing Concrete Test Specimens in
the Field"
• 2. C 33, "Concrete Aggregates"
• 3. C 39, "Standard Test Method for Compressive Strength of Concrete"
4. C 143, "Standard Test Method for Slump of Portland Cement Concrete"
' 5. C 150, "Standard Specification for Portland Cement"
6. C 172, "Standard Method of Sampling Fresh Concrete"
7. C 231, "Standard Test Method for Air Content of Freshly Mixed Concrete by
' the Pressure Method"
8. C 260, "Air Entraining Admixtures for Concrete"
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 admixtures and curing compound.
' 2. Mix design for concrete and flowable fill.
' 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
City of Fayetteville 08/29/02 Page 03316-1
satisfactorily. Ready mix plant shall have a current AHTD approval. '
B. Concrete work, including form work, shall be accomplished by workers
experienced in the type of work being performed.
PART 2- PRODUCTS I
2.1 CEMENT I
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 I
approved by Engineer; any extra cost will be borne by Contractor.
2.2 AGGREGATE I ,
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" Concrete:
Sieve Percent Passing
1'/1' 100
1
3/" 35-75
''/z' -
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 Percent Passing
3/e' 100
#4 95-100
#8 70-95
#16 45-85
#30 20-60
#50 5-30
#100 0-5
2.3 WATER
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.
City of Fayetteville 08/29/02 Page 03316-2
2.4 CURING COMPOUND
A. W.R. Meadows 1600 White, or an approved equal.
2.5 CONCRETE COMPOSITION AND STRENGTH REQUIREMENTS
A. Concrete shall be Class "A" and shall be composed of Portland cement, fine and
coarse aggregate and water proportioned in keeping with the following:
Class "A" Concrete
Minimum Bags of Cement 5.0
(per Cubic Yard)
Max Water/ Cement Ratio 5.0
(gallons per bag)
' Slump (inches) 2 - 4
1 - 2 (for construction with
extrusion machine)
Air Entrainment (percent) 6.0 +/- 2.0
B. Air -entraining agents shall conform to ASTM C 260. The total air content
(entrained and entrapped air) shall be 6.0 percent plus or minus 2.0 percent
for concrete.
C. Proportioning of concrete shall be by weight except that water may be
'
measured by volume. A one cubic foot sack of Portland Cement will be
considered as weighing 94 pounds.
D. Class "A" concrete made with ordinary Portland cement shall have a minimum
compressive strength at 28 days of 4000 psi. If made with high early strength
tcement, those strengths shall be attained at the end of 7 days.
2.6 CONCRETE JOINTS
' A. Expansion joints: asphalt impregnated fiberboard, meeting requirements of
AASHTO M 213. Expansion joints shall be left %" lower than grade, covered
with a plastic cap or trimmed 'Y2" lower than grade, and then filled with joint
sealant to finished grade.
B. Contraction joints (saw cut): fill to finished grade with joint sealant.
C. Contraction joints may be tooled joints (No joint sealant required, if tooled).
City of Fayetteville 08/29/02 Page 03316-3
I.
D. Concrete joint sealant shall be.Sonneborn "Sonolastic SL1". Closed cell backer
rod shall be used in deep joints, as needed, according to the manufacturer's
instructions.
PART 3- EXECUTION
3.1 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.
3.2 FINISHING
A. Curb and gutter, integral curb, drop inlet tops, sidewalk, access ramps, '
driveways, medians and ditch paving shall be given a broomed finish.
3.3 CURING '
A. Immediately after placement, protect concrete from premature drying, '
excessively hot or cold temperatures, and mechanical injury.
B. Cure concrete for at least 7 consecutive days. Cure unformed surfaces by the
following method:
1. Apply a uniform coat of liquid curing and sealing compound in accordance
with manufacturer's instructions. Concrete curing compound shall be
Sealtight 1600 -White Manufactured by W. R. Meadows, Inc.
3.4 CURB AND GUTTERS '
A. The City shall shape subgrade to required depth below finished surface, and
compact to a firm, even surface; proof roll as specified in Section 02220; remove
soft and yielding areas; replace with suitable material; and compact. The City
shall also furnish, spread and compact the aggregate base course material as
indicated on the Drawings.
B. The Contractor shall construct forms of metal or wood, free from warp, and of
sufficient strength to resist springing during concrete pouring; stake, brace and
hold forms 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 which are required when an extrusion machine is not used.
City of Fayetteville 08/29/02 Page 03316-4
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.
U.
D. The Contractor shall vibrate and spade concrete 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. Fill minor defects with cement mortar.
E. The Contractor shall install expansion joints in curb and gutters at stationary
structures and at ends of curb returns. Expansion joints shall be'h inch thick
and shall be filled with joint sealant shaped to the cross section of the curb and
constructed at right angles with the curb line.
I. Saw -cut contraction joints every 15 feet, to be % to % inch by 1-1/2 inches.
Saw -cut at right angles to curb line. Fill with joint sealant.
' F. Cure as described elsewhere in this section.
G. Maximum variation from indicated grades shall be % inch in 10 feet.
3.5 SIDEWALKS AND ACCESS RAMPS
A. The City shall excavate and/or fill sub -grade to the required elevation; compact
to a firm, even surface; proof roll as specified in Section 02220; remove soft and
' yielding material; replace with suitable material; and compact entire sub -grade.
The City shall also furnish, spread and compact the aggregate base course
material as indicated on the Drawings.
' B. The Contractor shall construct forms of metal or wood, free from warp, and of
sufficient strength to resist springing during concrete pouring; stake, brace and
1 hold forms 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 which are required when an extrusion machine is not used.
' C. The Contractor shall 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.
D. Sidewalks and access ramps shall have a non -slip broom finish.
City of Fayetteville 08/29/02 Page 03316-5
E. The Contractor shall 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. All joints, except tooled joints, shall be filled with joint sealant.
3.6 DRIVEWAYS
A. Portland cement concrete driveways shall be constructed in one course on the
prepared sub -grade or on the completed base course prepared by the City 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 driveway and edge of sidewalk
opposite the street and any existing portion of driveway. The joint filler shall be '
inch thick and meet the requirements of AASHTO M 213. The top '/% inch of
the expansion joint shall be filled with a joint sealant approved by the Engineer
flush with the finished surface.
C. Curing is described in 3.4.
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 after which it shall be finished with a float to a smooth and even
surface. Edges shall be rounded with a'' /z inch radius edger.
3.7 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 sub -grade shall be excavated or filled to the required grade by the City.
Soft and yielding material shall be removed and replaced with suitable material
and the entire sub -grade shall be thoroughly compacted by the City. '
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.
1
City of Fayetteville
08/29/02
Page 03316-6 '
1
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
t
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' Y2 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 % of the slab thickness.
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.
G. When a section of ditch paving terminates at a structure, a Y2 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 Yz inch below surface and this Y2 inch shall be filled with concrete
joint sealant.
3.8 FIELD QUALITY CONTROL
IA. 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 be paid by the City.
' 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
ID. Mold and laboratory cure three specimens from each test required in
accordance with ANSI/ASTM C 31.
I
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.
G. The slump of the normal -weight concrete sample for each strength test shall be
determined in accordance with ANSI/ASTM C 143.
1
City of Fayetteville 08/29/02 Page 03316-7
I
H. Failure of concrete is defined as the average compressive strength of the tested
specimens. The strength level of the concrete shall be considered satisfactory if
both of the following requirements are met:
The average of all sets of three consecutive strength tests equal or exceed I
the specified compressive strength.
2. No individual strength test (average of two cylinders) falls below required
compressive strength by more than 500psi.
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.
Testing will be required for every 50 cubic yards of concrete placed or for each
day's pour and/or placement whichever is least or as directed by the Engineer or
his representative.
3.9 CLEANING ,
A. The Contractor shall clean work areas, all concrete form work and waste. Waste
concrete shall not be disposed of on site except as approved by Engineer.
3.10 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
C
C
City of Fayetteville
08/29/02
Page 03316-8
1.
C
3.11 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"
Curb and Gutter x
Sidewalks & Access Ramps x
Ditch concrete paving x
Driveways x
Concrete pads x
Flared end section wall x
End of Section 03316
City of Fayetteville 08/29/02 Page 03316-9
FULL DEPTH EXPANSION JOINTS
IINCHES) SHALL BE PRVIDED A
-RVAL5 NOT GREATER THAN 50 FT
II
I
I
I
iT
ALL SIDEWALKS SHALL HAVE
ONE-HALF INCH
ROLLED EDGES AND A BROOMED
FINISH
1/2' EXPANSION MATERIAL
L (SEE NOTES)
i
4'•
4.
411
at
I
it
ONE -QUARTER DEPTH (I INCH)
WEAKENED PLAN JOINTS OR SAW -CUT JOINTS
SHALL BE PLACED IN SIDEWALK AT REGULAR
INTERVALS NOT GREATER THAN 10 FEET APART
'-SUB-GRADE, COMPACTED
TO 95X S.P.D.
SIDEWALK NOTES,
I. FULL DEPTH EXPANSION JOINTS SHALL BE REQUIRED AT
50 FT. MAXIMUM SPACING.
2. ONE -QUARTER DEPTH (I -INCH) WEAKENED PLANE JOINTS
OR SAW -CUT JOINTS SHALL BE PLACED AT INTERVALS NOT
GREATER THAN 10 FT. APART. SAW -CUT JOINTS SHALL
BE I/8' TO 3/8' WIDE.
3. CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH
OF 4000 p.5.1. MAXIMUM ALLOWABLE SLUMP SHALL BE
4 INCHES.
4. CONCRETE SHALL HAVE A MINIMUM CEMENT CONTENT OF
5 BAGS per Cu. Yd. WITH 62 +/- 22 AIR ENTRAINMENT.
5. EXPANSION MATERIALS SHALL BE PREFORMED ASPHALT
IMPREGNATED FIBERBOARD CONFORMING TO AASHTO M-213
WITH PLASTIC CAP. IN LIEU OF PLASTIC CAP, EXPANSION
JOINT MATERIAL SHALL BE LEFT 1/2' LOWER THAN GRADE
OR TRIMMED 1/2LOWER AND FILLED WITH JOINT SEALANT
TO FINISHED GRADE.
6. ALL COLD JOINTS, CONTRACTION (SAW -CUT) JOINTS AND
EXPANSION JOINTS SHALL BE FILLED TO FINISHED GRADE
WITH JOINT SEALANT.
7. CONCRETE CURING COMPOUND SHALL BE SEALTIGHT
1600 -WHITE MANUFACTURED BY W.R. MEADOWS, INC. OR AN
APPROVED EQUAL.
B. CONCRETE JOINT SEALANT SHALL BE SONNEBORN 'SONOLASTIC SLI'
OR AN APPROVED EQUAL. CLOSED CELL BACKER ROD SHALL
BE USED IN DEEP JOINTS, AS NEEDED, ACCORDING TO THE
MANUFACTURER'S INSTRUCTIONS.
CITY-WIDE SIDEWALK CONSTRUCTION
" SIDEWALK DETAIL JPoI PDL
08/14/02
OF FAYETTEVILLE PAGE NO.
INEERING DEPARTMENT swc: Not To Scale 03316-10
J
i kWW
ss W
YN y °i> m V ZW ,•• �t3
is3 l� ism 5 0Y
[♦ Com ^ 6 6�W6J
W Fnma
0 YN j~jW f LL�K
` 42•mu Fl>W>v iu
WC ion ' 9� F •'
�t (y
Ot FY ow
6J -2 V1 FWF G2 O° W°' u2
m y� awl WW O Ww q
/{ °• Y bi WW OW
•j yZ i 6>
•• ' X985 O i o FQ W • m W
UUW ••a K c °' mq� C� m
fl
W 1r p S • LJt
Q Fa • c f Q
: : 1 '\ 9�z Q zF W
1 ..\'.Y W� .' O0c I -
q
L 1' m 1 °
W�u>
Yl NjW •00t.: mYx F > O
<° uL o J J
\ � W W Fm- F ou ii00
i
e 2O F��(3av }i 9 i
.. ♦'.Y ° ° Oi J FDf J V' N
_ WW
c � 2V
G9 So n_ •
y jm CWu
= • O l H iW{ Of 1
A ♦ ° V >
$IZ > �0 W'
30 S °9 zN
Y 2 SSpp " j`
F�WY O ° ® O RCN °l
s•F m °j3 u° NW•
'LN V�J(6 °e WN
W NY S JWmN °
FUOt
09
W
•
FCt V > VW
CimL W
F', > FONy� a
WYm
N:2J6
yF n u
(l 0 m
N f.tm}a L
NL7V IYpi W 2 W2-
�F42s FW NN M Jyy N�Fl\N]t� UN
5•
io33 W(I' 2 2 t' 11r3 '_j °O1
z NO
F y�F JO C LJ Jm-ON YW Y� SLL y
0i d i (S j$Jm .-m aJ
FJ 3
{
F
Y g• W LFF�WW Y
4o3xa 3V $ � s ff° am jl°i3
i
• DESCRIPTION: DCITY-WIDE SIDEWALK CONSTRUCTION
TY
DRIVEWAY DETAIL JPo PDL 08/14/02
OF FAYETTEVILLE P„PAGE Nro
EIIGINEERING DEPARTMENT SCAU: Not To Scale 03316-11
1/4" R 3" R
MODIFIED CURB AT DRIVEWAYS
d
6" 1u
3"R I/q" R ASPHALT
12" �— 1 3/4° C.+
° e'' VARIABLE
JJI d a ` 6" MIN.
♦ 4 a
a e °
2'-0 11
C * _L
. ,Lh!J1=1mlil '1Id
TYPICAL CURB W/ ASPHALT PAVEMENT
3R 1/4" R "
MODIFIED CURB AT DRIVEWAYS
PA'
2"3"IR4"+
°
,Il-i 1-_I i-rinl-lihll:`i1
TYPICAL CURB W/ CONCRETE PAVEMENT
CURB NOTES,
I. CONTRACTION JOINTS SHALL BE I/B" TO 3/8" X I I/2" AT 15 FT.
INTERVALS. ALL CONTRACTION JOINTS AND COLD JOINTS SHALL
BE FILLED WITH JOINT SEALANT TO FINISHED GRADE.
2. CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH
OF 4000 p.s.i.
3. CONCRETE SHALL HAVE A MINIMUM CEMENT CONTENT OF 5 BAGS
per Cu. Yd. WITH 6% +/- 2% AIR ENTRAINMENT.
4. EXPANSION MATERIAL SHALL BE REQUIRED AT ALL STATIONARY
STRUCTURES AND AT CURB RETURNS. THE EXANSION MATERIAL
SHALL BE 1/2" ASPHALT IMPREGNATED FIBERBOARD, CONFORMING
TO AASHTO M-213 WITH PLASTIC CAP. IN LIEU OF PLASTIC CAP,
EXPANSION JOINT MATERIAL SHALL BE LEFT I/2" LOWER THAN
GRADE OR TRIMMED 1/2" LOWER AND FILLED WITH JOINT SEALANT
TO FINISHED GRADE.
5. FINISH SHALL BE MEDIUM BROOM FINISH.
6. CONCRETE CURING COMPOUND SHALL BE THE SAME AS SPECIFIED
FOR CONCRETE SIDEWALK.
CITY-WIDE SIDEWALK CONSTRUCTION
CURB DETAIL JPo PDL I 08/14/02
'OF FAYETTEVILLE PAGE NO.
NEERING DEPARTMENT SCALE: Not To Scale 03316-12
INSIDE EDGE OF
VEHICLE PAN
u •1 r.
. 1 _ • 1' "1 la' 1
p#!ki.1w&%t!l
MODIFIED CURB WIDTH (Y+28')
PLAN VIEW
(WHEN NO
3f r:IA.. .I11.
w. l a
•r a•
-1 .1 1 n ••
e 2%
Saab •��
cY•� �•+6J
ISOMETRIC VIEW
I 1
I a«I• ,I,
IJ
]I
•• ]•
• -!
♦ ,
ITY OF FAYETTEVILLE
JGINEERING DEPARTMENT
I
1', 111 a.•
'fcc:.ai.�x�Qtx•11{rraia N.
:'�rc
J
• •• J•
• -!
•
THE PING)
CITY-WIDE SIDEWALK CONSTRUCTION
MODIFIED ANTD JPo PDL
D/W DETAIL
08/14/02
03316-13
I
the access board
1 PRO WAAC
I
I
I
I
I
I
I
H
Building a True Community
Final Report
Public Rights -of -Way Access Advisory Committee
January 10, 2001
U$. ArchRecturai & Transportation Barriers Complldnce Board
I
I
I
I
I.
(a) Rarnp sictewal k.
Cb>Af2on OIFEC+ 5idew311�
(a) Wide 6idoJb
1
(a) 5eFl�ck ctaa
' Figure X02.1 A Sidewalk/Alley or Driveway Connections
Isometric views of five public sidewalk and driveway or alleyway connections.
'Illustrations show minimum PAR width of 48 inches (1220 mm) at the driving area and
indicate maximum allowable cross slopes.
1
' 37
TTHrFI �RE'PaOFjTCONyiSHEEOD f0 OPBLIC'.IFa F -I J1 EIS ,q��/IS.COME F TH,E USE
OFh ' 'ACCESS�r80 ODEVGGUIDELINES F CONS 08'":''r"E�'o"P oE� ITS
o D IIO ' '� • • °Y'°"`�"` ES� G AD ' Ec�"" c1u �� •'. � ). T
NO� TG LA�OM:�
'sidewalk. Some transition ramps are used to allow the public sidewalk to dip down at
driveways, at intermediate locations in the block.
'By using this flexible kit of parts, designers can create access between public sidewalk
and roadway level with a combination of approaches.
'X02.4.1.1 Where required. A curb ramp or flush landing shall be provided wherever
the pedestrian access route crosses a sidewalk/street transition, including intersections,
mid -block crosswalks, medians and islands traversed by crosswalks, alleys, accessible
'parking aisles, passenger loading zones, and locations where the public sidewalk ends
and pedestrian travel continues in the roadway.
'EXCEPTION: A curb ramp or flush landing is not required where the pedestrian access
route crosses a driveway and the elevation of the pedestrian access route is
maintained.
1 X02.4.1.2 Corners. At any intersection in the public right-of-way that has at least
one corner served by a public sidewalk or a pedestrian access route, all corners of the
' intersection served by a crosswalk shall have curb ramps or flush landings.
' 60' MINIMUM
1ME MAX CROSS SLOPE
' 1:11 MAX SLOPE . :: • '..PP/
1
' Figure X02.4 A Curb Ramp
Curb Ramp: isometric view of a curb ramp as currently defined. The
illustration is based on the old "perpendicular" style ramp.
' 69
O3/6-/6
�7Qr.`nfRec[i .410
SIDEWALK
p4
PAMP
LAIIDII IG
Pq
\0 111II11111:...
\. III{I'•L,(ii•l
np •e"�{'�ETECTABLE
• WARI III IGS
"'+e FLUSH
•
! LAI IDII IG
y •e
LAI IDII IG
' SIDEWALK
Figure X02.4 B Transition Ramp
Transition Ramp: isometric view of a transition ramp as currently defined.
The illustration is based on the old "parallel" style ramp.
SIDE*4x
1
1
DP[TTM[E
'• MYINWG � � •
TWE NNL
I RAUP
'•
'NI
4R{
��� ECPING
YDM4Y
1
Figure X02.4 C Shared Curb Ramp
Shared ramp shows a single ramp used for two crossing directions.
' 70
Figure X02.4 D Combination Assemblies
The top one shows an assembly that might be used at a mid -block crosswalk, and
combines transition ramps leading to a landing and from there access to a single curb
ramp at right angles to the transition ramps. The bottom one shows a corner where the
sidewalk is dropped by transition ramps to a lowered elevation, from which two
separated curb ramps provide access to the street.
71
I
I
I
I
I
I
I
Figure X02.4 F Shared Flush Landing
Shared Transition: a combined approach with two transition ramps on a curved
' comer approaching a single landing area that is blended with the vehicular way.
Discussion: The committee concurred that curb ramps or flush landings were required
at every comer, to eliminate the possibility of a pedestrian entering a road, traveling
across the road, then finding no refuge at the other end of the crosswalk. The intent is
that there be, at minimum, a landing at each comer, either at roadway level (flush
landing) or sidewalk level (behind a curb ramp). If there are two curb ramps or flush
landings placed on an otherwise undeveloped comer, they should be connected to each
other and to any pedestrian call button, so that a pedestrian can have a refuge while
deciding whether to continue on the shoulder or turn around.
X02.4.1.3 Number. Where curb ramps or flush landings are required, there shall be a
separate curb ramp or flush landing serving each direction of travel, whenever technically
feasible.
IDiscussion: The committee strongly discourages the use of shared curb ramps,
formerly called diagonal curb ramps, or shared flush landings, formerly called single
parallel curb ramps, unless there is no alternative. No specific exceptions were agreed
upon. The committee clearly did not want jurisdictions to use shared curb ramps or flush
landings as a matter of course, simply because they are cheaper to install. Some of the
reasons against shared curb ramps and shared flush landings are:
73
I
I
O33/6 - �9
II
IS REPORT,CONTAINS THERECOMMENDATIONS OF THEPUBUC RIGHT�OF=WAY'ACCESS`ADJISORY OMMITTEEFOR THEi13
th THE'U.S. (ACCESSJBOARD IN DEVELOPING GUIDEUNES"FOR NEWPY`CONSTRUCTED OR `ALTERED PEDE5TRIAN(FACIL$IE`
bOVEREOBYTrrLE (OFRHE!AMERICAN5,wrrH DISABILITIESACT,,(ADAJ OR THE'ARCHrfEC(UBB RALARRIER$'ACT (ABA)."c5THIS I
1OT A REGULATION° �f"p'T _ &L'W "I +1 B 8a' s" ` pe
SIDEWALK
RAMP I I RAMP
J.CURB RAMPJS
N
Figure X02.5 H Transition Ramp with Detectable Warning
Shows detectable warning at a transition ramp.
Figure X02.5 I Shared Curb Ramp with Detectable Warning
Shows detectable warning at a shared curb ramp.
103
O?3/6 - t o